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1974 February Council Proceedings 58 Special Session, January 24, 1974 There being no further business Councilman Staclds moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Staclds. Nays - Approved Adopted None. Leo F. Frommelt City Clerk. 1974 1974 """""""""""""""""""""""""""""" Councilmen Attest: """"""ëiiÿ'ï:ii~;k""""""""" .~_. ....-.- .-- --_._._-_...."'"«'t!"!!"'."""""",~,~,-~" Regular Session, February 4, 1974 59 Board of Health OFFICIAL Rl9Ular Session, Febnlary 4, 1974. -rei met at 7:15 P.M. (c.D.T.) Present - Chairman. Allan T. Thoms, Me...... Jame. E. Brady, C. Robert Justmann, AhÑn E. Lundh, Emil Sta.kls. Dr. Kenneth K. Ha... let. Communication of Arthur J. Roth, Health Administrator submit. ting a copy of Honse File #712 relating to inspection of food estab- lishments, which would usurp the right of municipalities to inspect, regulate or license restaurants within their jurisdiction, and being in opposition .to the proposed bill that is presently in the sifting com- mittee, presented and read. Chairman Allan T. Thoms moved that the communication be receiv- ed and filed. Seconded by Mr. James Brady. Carried by the fol- IO~~~~: Allan T. Thoms, I Messrs. James E. Brady, C. Robert Jnstmann, Alvin E. Lundh, Emil Stackis. Nays-None. RESOLUTION OF THE HEALTH DEPARTMENT OF CITY OF DUBUQUE, IOWA NO. 38-74 WHEREAS, there is now witbin the Sifting Committee House File 712 pertaining to restaurants and eating establishments whieh would purport to direct mnnicipalities and counties In the inspection, reg- ulation and licensing of restaurants and other food service establish- ments within their jurisdiction; and WHEREAS, tbe City Healtb De. partment of the City of Dubuque, Iowa, is in opposition to said Honse File 712; and WHEREAS, the City Health De- partment of the City of Dubuque, Iowa is fully informed and advised concerning the respective merits of House File 712 being a bill to regu- late restaurants and eating estab- lishments as opposed to the pres- ent regulations and laws under which the City of Dubuque is op- erating in the restaurant inspec- tion; NOW THEREFORE BE IT RE- SOLVED by the Health Depart. ment of the City of Dubuque, Iowa: Section I. That the Board of Health of the City of Dubuque, Iowa be and it does formally go on record in oPPOsition to House File 712 being a bill to license and regulate restaurants and eat. iog establishments whicb is pres. entty in the Sifting Committee of tbe House of Representatives of tbe State of Iowa. Section 2. That the City Clerk be and be is bereby directed to trans. mit forthwith a certified copy of this Resolution to all Representa. tives in tbe Senate and in Ihe Honse of the State of Iowa repre. senting this District. Passed, approved and adopted this 4th day of February, 1974. Allan T. Thoms Mayor Alvin E. Lundb Emil Staclds James E. Brady Members of Board of Health Attest: Leo F. Frommelt, Clerk Chairman Allan T. Thoms moved adoption of the resolution. Second- ed by Mr. James E. Brady. Carried by the following vote: Yeas-Messrs. James E. Brady, Alvio E. Lundb, Emil Stackis. Nays-Mr. C. Robert JUstmann. There -being no furtber bnsioess for the Board of Healtb Cbairman Allan T. Thoms moved tbat tbe Board of Health be adjourned. Seconded by Mr. Emil Staclds. Car. rled by the following vote: Yeas-Chairman Allan T. Thoms, Messrs. James E. Brady, C. Robert Justmann, Alvin E. Lundh, Emil Staclds. Nays-None. Leo F. Frommelt Clerk, Board of Health Approved Adopted 1974 1974 ....................................................... Members of Board of Health Attest: ............................................... Clerk Regular Session, February 4, 1974 (a/k/a Marjorie D. Reed) convey- ing the bereinabove described real estate to the City of Dubuque, Iowa be and the same is bereby approv. ed. Section 2. That the City Clerk be and he is bereby authorized and directed to file a certified copy hereof in the office of the County Recorder in and for Dubuque County, Iowa, Passed, approved and adopted this 4th day of February, 1974. Allan T. Thoms Mayor C. Robert Jnstmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Tboms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- W'n Brady, Justmann, Lundh, Stackis. Nays-None. 60 CITY COUNCIL OFFICIAL Regular Session, Fobnlary 4, 1974 Council met at 7:30 P.M. (C.D.T.) Pre..nt-Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. City Manager Gilbert D. ChavonoUe. 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 bnsi- neBS as may properly come before tbe meeting. Mr. Edwin L. Lyons presented tbe Council with a deed signed by Donald R. Breitbach, attorney in fact for Marjorie Reed, commonly referred to as the Reed Property. Mr. Tom Killian as trust officer of the E. B. Lyons Estate and Mr. Thomas Schrup a member of the Park Board also participated in the presentation. Mr. Edwin L. Lyons requested that the area be desig. nated "E. B. Lyons Forest Preserve and Nature 'Center." RESOLUTION NO. 39.74 WHEREAS, the City of Dubuque, Iowa has purcbased certain prop- I erty from Marjorie D. Reed de. . scribed as follows: Lots 2 and 3 of the Northeast Yo of the Southeast Yo Section 1, Township 88 Nortb, Range 2 East of 5th P.M.; Lots 2 and 3 of the Northwest Quarter of the South- west ¥<, Lots 2 and 3 of the Northeast Yo of tbe Southwest ¥<, and Lot 2 of Lot 1 of the Southwest Yo of the Southwest¥<, of Section 6, Township 88 North, Range 3 East of 5th P.M., in Dubuque County, Iowa, accord- ing to the respective recorded Plats thereof and; WHEREAS, said purchase price has been paid and that Warranty Deed conveying said real estate to City of Dubuque, Iowa has been delivered and such delivery should be accepted; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That tbe delivery of Warranty Deed dated January 28, 1974 by Donald R. Breitbach, at- torney-in-fact for Marjorie Reed January 24, 1974 To tbe Honorable Mayor and Members of the City Council In accordance witb the provi- sions of Chapter 365 of the 1973 code of Iowa, the Civil Service Conunission conducted examina- tions for the position of Build. ing Inspector on 1.16-74. The following named applicants bave passed tbe written examioa. tions and are hereby certified for appointment. Elliott, Henry W. ................73.3% Shurts, David M. ................72.5% Gerard B. Noonan Cbairman Marvin A. VanSickle Louis F. Fautscb Civil Service Com- mission Attest: Leo F. Frommelt, Clerk Subscribed and sworn to before me this 1st day of February, 1974. Violet Savary, Notary Public Mayor Thoms moved that the communication be received and made a matter of record. Seconded by Councilman Stackis. Carried by the following vote: ----- - Regular Session, February 4, 1974 Attest: Leo F. Frommelt, Clerk Subscribed and sworn to before me this 1st day of February, 1974. Violet Savary, Notary Public Mayor Thoms moved that the communication be received and made a matter of record. Second. edby CounciJman Stackis. Car- ried by the following vote: Yeas - Mayor Thoms Council- Attest: W'n Brady, Jnstmann: Lundh, Leo F. Frommelt, Stackis. Clerk. Nays - None. Subscribed and SWorn to before January 24 1974 me this 1st day of February 1974. To the Honorable Mayor a~d Violet Savary. Members of the City Council Notary PublIc. In accordance with the pro- Mayor Thoms moved that tbe visions of Chapter 885 of !be 1973 communication be received and Code of Iowa the Civil Service made a matter of record. Seconded Commission conducted entrance ex- by Councilman Stackis. Carried by aminations for the position of the following vote: Automotive Mechanics on Janu- Yeas - Mayor Thoms, Council. ary 16, 1974. men. Brady, Justmann, Lundh, The following named applicants Stackis. have passed the written examina- Nays - None. lions and are hereby certified for Communication of Mrs. LYle H. apPOintment. Peterson requesting support of Hovind, Harold B. Jr. ........73.8% Senator Tom Riley's bill to ensure Hagerty, Ronald J. ............72.2% I cleaner air for non-smokers on Madigan, Louis J. ............72.2% public transPOrtation facilities an. d Neyens, Steven K. ............71.5% in all public buildings, presented Gerard B. Noonan and read. Councilman Justmann Chairman I moved that tbe communication be Marvio A VanSickle received and filed and referred to Louis F. Fautsch the Transit Authority for investiga. Civil Service Com- lion and report back to the Coun- mision cil. Seconded by Councilman Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Lundb, Stackis. NaYS-None. January 24, 1974 To the Honorable Mayor and Members of tbe City Council In accordance with the provisions of Chapter 365 of the 1973 Code of Iowa, the Civil Service Com- mission conducted examinations for the position of Housing InSpector, On 1-16-74. The fOllowing named applicants have passed the written examina- tions and are hereby certified for appointment. Cupps, Kenneth J. ..............74.1% French, Roy T. ....................70 % Gerard B. Noonan Chairman ~".:"F.AFa~~~~ickle I Civil Service Com- mission Attest: Leo F. Frommelt, Clerk. Subscribed and sworn to before me this 1st day of February, 1974. Violet Savary Notary Public Mayor Thoms moved that the communication be received and made a matter of record. Second- ed by Councilman Stackis. Carried by tbe following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. January 24, 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, Air Conditioniog and Refrigeration Inspector, as re- quested. Please be advised that three ap- plicants took the test on January 16, 1974, and failed to acquire the passing grade of 70%. Gerard B. Noonan Chairman Marvin A. VanSickle Louis F. Fautsch Civil Service Com. mission 61 62 Regular Session, February 4, 1974 Lundh. Carried by the following I vote: Yeas - Mayor Thoms, council- men Brady, Jnstmann, Lundh, Stackis. Nays-None. Communication of Elisabeth Foxley, Architectural Historian, State Historic Preservation pro- gram, advising tbat the Dubuque Town Clock and Dubuque Shot Tower has been entered as a sig- nificant historic resource and will be considered for possible nouùua- tion to the National Register of Historic Places, presented and read. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the foIlowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of State of Iowa Office of the Citizens Aide stating that Mrs. Mary Klinkhammer of 295 Southern Ave., has contacted tbe Governor of the State of Iowa relative to a nuisance created by the Lubbers car lot located across the street from her bome, pre- sented and read. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the foIlowing vote: Yeas - Mayor Tboms, Council- men Brady, Justmann, Lundb, Stackis. Nays - None. Communication of Low-Rent Housing Commission submitting uùuutes of their meeting of Janu. ary 22, 1974, presented and read. Councilman Justmann moved tbat the communication be received and filed. Seconded by Councilman Brady. Carried by the foIlowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of Planning & Zoning Commission submitting minutes of their meeting of Janu- ary 9, 1974, presented and read. Councilman Justmann moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: --.> ._- 1l'J,L_!'UJ'!'.\I!"""-~...."""",,,~,,,.- Yeas - Mayor Tboms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. January 31, 1974 Honorable Mayor and City Council I submit to you a letter from Mr. David Watts of the National Railroad Passenger Corporation. He has suggested that the city con- tribute an approximate $4,267.00 sbare of the cost of repairing the Dubuque railroad passenger station which will serve Amtrak. On Wednesday morning, January 30, I talked to Mr. J. W. Dodge, Division Superintendent of the 11- tinois Central Gulf Railroad, and inspected the station with him. A work crew was erecting a ticket office and making repairs. The final repair work will be com- pleted this spring. All of the work is being done according to Amtrak specifications and requirements. Mr. Dodge explaioed that an electrical service and diesel fuel supply were being instaIled on a siding track just soutb of the pas. senger station. Tbe Amtrak train will layover in Dubuque about five bours. It will be placed on this sidiog and be completely serv- iced and cleaned each day. Four people are being employed to do this service work. I also contacted Mr. Wiliam Bar- wis of the Illinois Mass Transpor- tation Office. I request that you give me an ioformal approval to make a pay- ment to Amtrak. In a sbort time I will present a resolution request. iog .that the budget appropriation be adjusted. Gilbert D. ChaveneIle City Manager Councilman Jnstmann moved ap- proval of tbe request. Seconded by Mayor Thoms. Carried by the foIlowing vote: Yeas - Mayor Tboms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. January 24, 1974 Honorable Mayor and City Council I herewith submit the reports of the .City Treasurer, City Auditor, Water Superintendent and Healtb Department, as weIl as a list of Regular Session, February 4, 1974 claims paid, for the month of De- cember 1973. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the reports be received and filed. Sec. onded by Councilman Stackis. Car- ried by tbe foIlowing vote: Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Liodh, Stackis. Nays-None. Proof of Publication, certified to by the Publisber, of Statement of Receipts, Disbursements and list of claims for December 1973, pre- sented 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 Brady, Justmann, Lundb, Stackis. Nays-None. January 31, 1974 Honorable Mayor and City Council I return to you the letter of Mr. Joseph Meyer io wbich he iodicated the ioterest of his com. pany in submitting a proposal for disability and life insurance and group hospitalization insurance. I phoned Mr. Meyer Wednesday evening, January 30th, and said that this business was beiog placed with anotber firm and tbat I would send him a copy of this letter. The following list of actions and events describe the process used by the city for this insurance pro. gram. Meetings were beld witb em- ployee representatives from eacb deparlment as well as certain em. ployee group bargaining represen- tatives early in tbe budget hearing process for Fiscal Year 1974. The purpose of tbese meetings was to develop a list of priority improvements in our overall city insurance program in the event that budgetary consideration could be extended to this area. As time passed, and employee wages and benefits were reviewed, it was determined that an addi- tional benefit, prescription drug, would be incorporated in our Blue Cross-Blue Shield program. It was also decided that a life iosurance, accidental death and 63 dismemberment and a disability income protection policy would be incorporated, providing tbe cost of such a program was within budget capabilities. In order to make this deter- mination the City's Insurance Ad. visory Committee was consulted and asked to assist in developing a set of specifications in this area for insurance bidding purposes. A set of specifications was de- veloped and the Advisory Com. mittee contacted insurance com. panies who had programs of this nature and who might be inter- ested in bidding on our plan. A list of insurance companies and representatives wbo had caIled on the personnel manager prior to tbe development of the specifi- cations was given to the Insurance Advisory Committee. The Committee advised the per- sonnel manager that approximate. Iy twenty companies had been con- tacted of which nine expressed interest io bidding. Specifications were sent to these companies. Ultimately, five complete bids were received and after review, the lowest bidder was selected. This was the Independent Liberty Life Insurance Company. This insurance program has been urged along and reviewed at each step by the city manager. The per. sonnel manager has been respon. sible. He, with tbe employees, developed the program. He wrote the process steps which I have listed for you. The City Insurance Advisory Committee turned our notions ioto practical insurance, desigued the specifications and as- sisted in bid evaluation. The effective date of this iosur. ance coverage is February 1, 1974. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. January 31, 1974 To the Honorable Mayor and Members of the City Council This is to advise that I have approved the following bonds and 64 Regular Session, February 4, 1974 Regular Session, February 4, 1974 65 desire .to have your approval on same. Sidewalk Construction Bond Gilbert F. Roling, Northwestern National Iosurance Co. of Mil- waukee, Wis. dated January 18, 1974. Franchi.. Bond Teleprompter Cable Communica. tions Corp D/B/A Teleprompter of Dubuque, Bond No. A.Y-71061- 68 #208, American Employers Iosurance ompany in tbe amount of $50,000. Gilbert D. Cbavenelle City Manager Councilman Lundh moved filing approval subject to approval of the City Solicitor. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Dub u que Dock Commission advising that negotiations have been io prog- ress with the Dubuque Yacht Basin, the cumulation of which is a proposed lease and agreement for Schmitt Harbor and surround- ing acreage, and requesting con- currence in their decision as to the Yacht Basin lease, presented and read. Mayor Thoms moved ap- proval and concurrence with the Commission on the lease. Second- ed by Councilman Lundb. Carried by the followiog vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. January 23, 1974 Honorable Mayor and City Council Helen Kenneally filed claim against the City of Dubuque claim- ing damages in the amount of $30,000.00 allegedly resulting from a fall wbich occurred on the 13th day of March, 1973 while the claimant was walking from west to east in the crosswalk at the intersection of Lincoln Avenue and Marshall Street when, io attempt- iog to step on the curb, it crum- bled under her feet, cansing her to fall and suffer the injuries de. scribed in her application. She thereafter filed claim in the amount of $30,000.00. I have been in con&!rence with the attorney for the claimant, and claimant through her attorney has -- -- -- -----""",_...-..~.."".- .4-' ! made an offer of settlement in the amount of $400.00. It should be borne in mind that the medical expenses of the claimant are in the neigbborbood of $300.00 and accordingly, it is the recommenda- tion of the City Attorney that said offer of settlement be accepted and the City Auditor be instructed to draw a warrant payable to Miss Helen Kenneally and C. J. May, Jr., her attorney, in the amount of $400.00 and transmit same to the City Attorney for delivery to claimant and her attorney upon receipt of duly executed releases. Original claim is returned here- with. $121.03 for damage iocurred as the result of striking a bole in the street at 3500 Pennsylvania Ave. on January 25, 1974, present. ed and read. Mayor Thoms moved tbatthe notice of' claim be re- ferred to the City Attorney for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Lundh, Staclda. Nays-None. Notice of claim of Mrs. Mary C. Kehoe, in an undetermined amount, for personal iojuries re- ceived in a fall On an icy sidewalk on the corner of 20th & Central Ave., near the Kentucky Fried Chicken place, on January 15, 1974, presented and read. Mayor Thoms moved that the notice of cisim be referred to tbe City At. I torney for investigation and re- port. Seconded 'by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Lundb, Stackis. Nays-None. Notice of car damage claim of Cynthis A. Kahle, in an approx- imate amount of $117. for damage incurred as the result of driving into a hole in East 32nd Street on January 11, 1974, presented and read. Mayor Thoms moved that the notice of claim be re- ferred to the City Attorney for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Proof of Publication, certified to ' by the Publisher, of notice of pub. ' lic hearing to amend the Zoning Ordioance No. ~, known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, by Amendiog Article X thereof by repealing the definition of a Drive. 10 Restaurant and enacting a new defioition of a Drive-Io Restaurant in lieu thereof, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Cbamber at the time set for the public hearing. Mayor Thoms moved that the proof R. N. Rnsso City Attorney Mayor Thoms moved approval of the recommendation. Seconded by Councilman Lundb. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Lundb, Stackis. Nays-None. January 29, 1974 Honorable Mayor and City Council On January 21, 1974, Paul C. Richard of RR #1, Box 363, Hazel G r e e n, Wisconsin filed claim against the City of Dubuque, Io- wa in an estimated amount of $66.85 and alleging said damages occurred on January 20, 1974 to the rim and tire of his automobile as the result of striking a hole at a point between Central Avenue and Grandview Avenue on 32nd Street in the City of Dubuque, Iowa. This matter was referred to the City Attorney who has made an Investigation thereof and finds no actionable negligence on the part of the City, and in view of the same it is the recommendation of the City Attorney that said claim be denied. Original claim is returned here- with. R. N. Rnsso City Attorney Councilman Stackis moved ap- proval of the recommendation. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Lundb, Staclda. Nays-None. Notice of car damage claim of William S. Peil, in the amount of of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Jnstmann, Lundb, Stackis. Nays-None. ORDINANCE NO. 7.74 An Ordinance amending Ordi- nance No. 3-34 known a. the "Zoning Map and Zoning Orell. nonce of the City of Dubuque, Iowa" by amending Article X thereof by repaallng the deflnl, tlon of a Drive-In Restaurant and enacting a new definition of a Drive-In Restaurant, said Ordinance having been pre- viousty presented and read at the Council meeting of January 7, 1974, as amended, presented for final adoption. ORDINANCE NO. 7.74 AN ORDINANCE AMENDING OR. DlNANCE NO. 3-34 KNOWN AS THE "WNING MAP AND WNING ORDINANCE OF THE CITY OF DUBUQUE, IOWA" BY AMENDING ARTICLE X THEREOF BY REPEAL. ING THE DEFINITION OF A DRIVE-IN RESTAURANT AND EN- ACTING A NEW DEFINITION OF A DRIVE-IN RESTAURANT. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION I. Th" O,di..n« No. 3-34, kn.w. u ,b, "Zoning M.p ..d Zoni.g O,di..n" of,b, Ci'y .f Dub.q." low." be ..d ,b, ..m, i, b",by .m,.d,d by .m'.rn.g Ar,id, X ,bmof by "p"li.g th, dofinitio. of . "Ddvo-i. R""."n'" ..d ooocti.g . .'w ddinitio. of . "Dd,,- i. R"".,,.t" i. lito ,bo""f u follow", "ARTICLE X. Dofinitio.. Ddvo-in R".."..,. Th, """ "Dd,,- i. R"".n.'" wb", .,00 in thi, o,di- ""'co, .b.1I m". . ""'.n.t °' o,b" ..ting ""bli.bm'.t ,.g'S,d in ,b, ..1, of food 0' bev"'g" which, " . pm of i" '<gol.. b.,in"., pmvid" ",'vie, '0 p"""" "",d in mo,o, "bid" 0. ,b, p'""i." 0' i. tho """ .djocon' tb,ro- to, °' . ""..,..t °' o,b" "'ing ""blùbm,., wb"o . CwtOm" i, pt,- mi"oo 0' ooco."gOO, dth" by th, do- ,ig. of th, pb"i,,¡ f.tiliti", 0' by .mie, ..d.ot p"k.gi.g 0' b.gging p,oc,d...., to obt,;. °' p...b.., food °' .o.-.leobolic bev",g" fo, wo 0' ,o.,omp'io. in th, mo,o, "bid, 0. th, ,..., promi", 0' fo, ro.,umptio. 0' .0< off tho P""';""" SECTION 2. Th" tb, foregoing Amo.d- moot b.. b"'tOfo" bOt. .ppnmd by tb, PI..ning ..d Zoning Com"",,ion of ,bo City of D.b.q"" low.. 66 Regular Session, February 4, 1974 P""d, apP'ov<d and adopt«! thio 4ili day oi Fobn",y, 1974. ADan T. Tbom, Mayo, C. Robo" Jumn'nn AMn E. Lundh Emil S...k;, Jam.. E. Bndy eoun.iimon ATTEST, Loa F. F'ommol. a.y auk Pabfuhod offi<..lly in the Td'S'aph H...ld New,p...' th;s 7ili day of Fob... a'Y, 1974. Loa F. F,ommdt a.y Cleek I~ 2-7. Mayor Thoms moved final adop- tion of the Ordinance. Seco.nded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. January 24, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the request of Arthur Pins for fioal action in regard to his petition of September 1972, in which he had requested Multiple Residence zoniog classification of his property described as "Old Timers Athletic and Supper Club Place, except the northerly 180 feet thereof" in tbe City of Du. buque, Iowa. The Commission bad conducted a public beariog on the origioal petition on October 18, 1972, and it was determioed, at tbat time, that the Multiple Residence Dis- trict classification was appropriate for the property. The Commission wishes to re-affirm its earlier de- cision in support of Multiple Res- idence zoning classification on property described as "Old Timers Athletic and Supper Club Place, except the northerly 180 feet tbereof". It is recommended that your honorable body approve of the request. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Tboms moved tbat the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: ---. - ~4".""."'-"I!."""""""".~-".~ Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. An Orellnance No. .74 amend- ing and changing Ordinance No. 3-34 known as "The Zoning Ordinance and Zon.ing Map of tho City of Dubuque, Iowa" so as to change certain prop"rty hereinafter described from "Single Family Residence Dis- trict" classification to "Multiple Residence District" elassifica. tlon, (Old Timers Athletic and Supper Club PI""e), presented and read. Mayor Thoms moved that the readiog jusl had be considered tbe first reading of the Ordioance. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. man Justmann, Lundh, Stackis. Nays - Councilman Brady. Mayor Thoms moved that tbe rule requiring an Ordioance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Justmann, Lundh, Stackis. Nays - Councilman Brady. Mayor Thoms moved that a pub- lic hearing be beld on the Ordi- nance on Marcb 11, 1974, at 7:80 o'clock P.M. in the Council Cham. ber at the City Hall and that the City Clerk be instructed to publisb notice of the hearing in the man- ner required by law. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Tboms, Council. men Justmann, Lundh, Stackis. Nays - Councilmlln Brady. ORDINANCE NO. 8.74 An Ordinance regulating the keeping of dogs in the City of Dubuque; providing for the li- censing of dogs and license fees for same; prohibiting dogs from running at large; providing for tlM observation under confin.. ment of biting dogs; establishing sp"cific procedures for the con. trol of rabies; providing penal- ties for the violation hereof and repealing Ordinance No. 7-65, presented and read. Councilman Stackis moved that the reading just had be considered tbe first reading of the Ordinance. Regular Session, February 4, 1974 67 SeCOnded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Justmann, Lundh, Stackis. Nays - Coundlman Brady. Councilman Stackis moved that the rule requiring an Ordinance be read on three separate days be waived. Seconded by Councilman Lundh. Carried by the fallowing vote: Yeas - Mayor Thoms, Council- men Jnsimann, Lundh, Stackis. Nays ~ Councilman Brady. ORDINANCE NO. 8-74 AN ORDINANCE REGULATING TIlE KEEPING OF DOGS IN THE CITY OF DUBUQUE; PROVIDING FOR TIlE LICENSING OF DOGS AND LICENSE FEES FOR SAME; PROHIBITING DOGS FROM RUN- NING AT LARGE; PROVIDING FOR TIlE OBSERVATION UNDER CON- FINEMENT OF BITING DOGS; ES- TAilUSHING SPECIFIC PROCED. URES FOR TIlE CONTROL OF RABIES; PROVIDING PENALTIES POR TIlE VIOLATION HEREOF AND REPEALING ORDINANCE NO. 7-65. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE,IOWA, SECTION 1. DEFINITIONS. Tho ful- lowing do£inition, shall apply in ili. in",- _orion and oofoeeomoot of thi, O,d;. nanco, (a) "D<>," indudo. all dom..ti...od mombu, of ilio 'and-famil..i', malo 0' f....lo, whoili" al",od 0' not; (b) "Own,," includ.. any ",nnn, fi.... 0' ,0'PO",ion owning, h..boring, ,bol"rin" 0' kcepin, ados; (.) "Konn.1 Dog," '" dog. kopt 0< ,,;sod tOldy fo, ilio bon, lido pu'po'" of ,,10 'nd whi.h '" kop' und" .onnant "'t"int; (d) "At I..go" indud.. 'ny dog off ilio p"mi", of itt own" 0' upon ,h. pnb~. n....tt, ,1l"Y" pnb~. gmund" 0' ""k" wiiliin tho City of Dubuquo. A dog .h,ll not bo d....od .. I..go if, I.lt;s....chod to , ¡."h of,uf- ficiont ."ongth to ""'xin tho dog and not mo" thxn too (10) f"t in loogtb, whm "id I..,], ¡, hold by a ponon romp"oot to so"'n tho dog,o, 2. moo pm","y ,..",inod within , moto' .ohido 0' hou,cd in ,n anim,l hoapi,,1 'pp,o.od by City H"lth Offi",; "' 3. It i. ...ompani.d by 0' " h",1 be,ido and ob.diont to comm,nd, of -:":" 0' .om""OOt "'POn,iblo po" 'I SECTION 2. LICENSES. 1. Tho ownu of any dog ,i. (6) monilia old 0' old" .hall xnn..lly ob- 'xin , Ii...... fo, w,h dog 0' dog,. Tho aty Man'g" .h,II "UtO to bo ;s,uod dog ~...... upon duo app~."ion and p,y. moot of ili. fce p,o.id.d hmin,f,... Tho Ii....., upon p'ocu"moot of tho ~.=o, ,hill tOeu"ly .....h tho li"n" "g to , ,oIl.. 0' h..n.." 'nd tbi, ,oil.. 0' hun.." with ilio li.oo" ..g .....hod ,h,ll .. ,II cim.. be kopt on tho dog fo' whi.h tho ~.oo" ¡, ¡"..d. Any dog found .. largo wiiliout , collar 0' h..n.., to which , Ii..... ..g ;s "..chod ,hall bo d....od unlico..od 'nd ,h,ll be impound.d. A ~'oo" tag muod fo, ono dog .h,II not be ",ntfmod to xonili" dog; 2. Tho h"d of ilio family ,h,II bo ~,blo io, ",ymoot of tho ~.oo.. fce on any do, ownod, hubo,od 0' kopt by 'ny mombo, of tho family; 3. All dog ~...... ;"uod hmnod" ,h,ll ..".,. on D"omb" 31" of tho y", in whi.h i,...d 'nd .h,ll beeomo dolinquont on March 31 oi ilio y'" in whi.h thoy '" duo. A ",n,lty of ono doll.. (11.00) .hall bo ,ddod to ilio ,bo.o p""rib.d ~..... f... fo, all dolinq..nt ~con"'; 4. Tho ~co... fce pet ,al",d.. y"', "' i",rion ili"..f shall bo, Th", Doll", (13.00) fo, ".h malo dos; Th"" Doll", (13.00) fo, ",h 'poyod fom,l. dog; Six Doll", (16.00) fo, ""h fom,lo dos not ",ayod; App~..nt 0' ~.='" ,h,ll fumi,h wcit. too p,oof fcom x duly ~co"",d .".rin..i,n ili.. ,Ut.h f""alo dos h" been ,p,yod. ,. Tho own" ,h,II on 0' befo" tho Ii", day of Janu..y of ".h y'" 'pply to ilio aty M'Mg" fo' x licon" fo, ",h dog ownod by 'u.h own". Such ,ppli... cion io, ~..... may bo m,do xf.., J,nu. ary I" 0' " .uch timo " a dog .om.. into ilio _.won 0' ownmhip of the 'pp~.ant 0' .. .u.h rim. " , dog hat ",chod tho xgo of ,ix monili, ,f.., J,nu. ary I". Tho uwn", 0' oili" """'n ". 'ponublo fo, tho p'ymont of tho ~con.., " hminbo£o" pm.idod, ,h,ll mdt. xpp~. ..tion fo, ilio "mo to tho aty M,n,S" on fo'm, pco.id.d by him which fo,m, ,hall gi.. ilio n,mo and ,dd,... of th, own", ilio ... and d..,ciption of ilio dos, ,nd whoo known, ito b,..d and 'g~ In ili. mnt of , ,h,ngo in nwomhip, tho licon" hold" .h,II notify tho aty M,n's. " of m.h ,h,ngo. SECTION 3. HARBORING VICIOUS DOG. It ,hall bo unlawful fo' 'ny ",non to h..bo, 0' kcep , .iciou, dog within tho City of Dubuquo. A dog i, d""'od to bo viciou, wh.n it shall h... "".kod 0' bit. ..n ,ny",..on (without pco.oc,cion), 0' wh.n pcop""ity to .....k 0' bi.. "',"0.. ,h,II oxi.. xnd ,u.h p,o",n.ity i, known to ilio own", 0' ought ""on,bly b. known to tho own" thuoof. SECTION 4. IMPOUNDING. (,) Any un~.oo.od dog, "'opt K.nno! dog" and ,ny ~co"",d dog found.. l..g., " p...iomly ddinod, th,II b. ,obi"t to ,cizu" ,nd impoundmont in , pl..o pco. vidod by ilio City. (b) Excopt " othotwi" pm.idod, tho .......ion of xny ~t""'" dog '0 ..izod 68 Regular Session, February 4, 1974 0' impo=d.d moy '" ob"inod by ,b, own", by poring ,b. .um of Fou, Doll... ($4.00) pI", ,h. ,"mn' doily f" fo' k",ping .ucb dog fo, "cb doy 0' fm. tion tbmof du,ing wbich tho dog w.. impo=d.d. (c) Upon pmp.' id.ntifi",ion, th, po..",.ion ofony =licen"d dog .. .oiud 0' impounded, moy '" ob"in.d by ,Ii, own" poying tho lice"" f... in oddicion '0 ,h, ch"g'" obovo pmvid,d fo< im- po=ding lice",.d dog.. (d) Wh.n.m ony licen"d dog b.. b... .0 ,ciud 0' impo=d.d, no,i" of mcb "cion .boll '" givon by Uni"d S"t.. O,din"y Moil", ,h, own", .. ,bown by tb. "co,d, in tb. City Monog"'. offi", ond H tho dog i. not cloimod by th. own" whbin fivo (n doy. of", .ucb notic, h.. hoen moil.d, ,b. li"n" .boll outom"icolly '" "vok.d ..d tb. dog ,¡¡""",d of .. p".",ib,d by tb. H"ltb Offim. (.) Any unlic.."d dog not c¡'imod by tho own" within th... (') doy. of", it h.. hoen ..;zed 0' impound,d, .holl b, di."",.d of .. p,..cri"'d by th. H"lth Offim. SECTION t. DOGS DISTURBING THE PEACE. (0) It .holl '" unlowful fo' ony p"..n '" own, k"p, bm in po..".ion 0' b"bo, ony dog wbich by f"qu.ot ..d hobituol howling, y,lping, b"king 0' oth"wi", ,holl cou" 0 "riou. onnoyon" 0' di"u,b. onco to ony p",on 0< I"'.on' 0' to th. n.;ghOO,hood. (h) It ,holl '" un¡'wful fo' ooy p"- .on, Ii'm 0' co<pomion k",piog, owning 0' .hd".;ng 0 dos to ollow 0' p',mh ,uch onimol to p'" upon th. p"",i". of onoth" co",ing domog. 0' onnoyonco 0' oth"wi" in"d,ring with th. p"mi",. (c) It .holl b. un¡'wfuI fo' th. own" 0' P"-" io ch"g. of ony dog to p"mh """".nt 0' dmpping. to cnll"t on th. p"mi... of ,oid owo" 0' p"..n in ch"g. of ..id p,..,;". cou,ing on odo, 0' un. ..nit"y cnndicion. Foilu" '0 k"p ..id p"",i." in 0 el"n 0' ..ni",y condicion ,holl '" d..m.d 0 nui..nco. SECTION 6. FEMALE DOGS IN SEA. SON. It .holl b. un¡'wful fo, ..y own" '0 ,]Iow hi. f,mol. dog ,hot i. in ""00 to roo " I"g. 0' to .0 conlin. h" .. to """t mol. dog. '" th. "" ond by th.i, p",..co co",, 0 nui..nco. Any pmon vio¡'cing tho p,ovaion. of ,hi. "ccion .holl b. pnm.hod .. p,ovid,d in ,ha O,di. nooco ond th. dog ,b,]1 '" .uhj,Ct to ,.;zu" ood impoundm.nt " th. "p.n" of tho own", du,ing th. "moind" of th. hoot p'dod. SECTION 7. RABIES. (0) Th. own" of ony dog which h.. coo",cud "bi.., 0' which h.. b"n .ubj",' '0 .=, 0' which i. ...p""d of hoving "bi.., 0' which .holl hm bi".. ony p',"on, .holl upon d.mond of ,b. Chid of Polico 0' H"lth Offi"" pmduco ond .umnd" up ,uch dog '0 b, hold in coofin.m.n, in on onimol - ~ -----=,~""",",'Ì!'_""ä""~""~,",>, h"'pi,,1 =d" th. .upmaion of 0 "gi.. t",d v""in"ion ond in qumncin. fo< ob..""cion fo' 0 p'dod dm'min.d by th. City H"lth Offi", " th. oxp.." of th. own" of ,oid dog Ot dos.. (b) If, upon ",mi..cion by 0 v""in. "ion, ony dog ,holl pmvo to '" inf,,"d with "bi.., ,uch dog ,holl b. di.po"d of, .. di"",d by th. H"lth Offic". It .boll '" th. duty of ..id vo",inori.. to notify th. City H"lth Offi", of ony po.itiv. "bi.. CO" found within tw.nty-fou, (24) hog,". (c) Any onimol bitten 0' ""ck.d by ony known "bid onimol, .h,]1 '" qumn- ti..d =d" ,up',,;,;on of tho City H"lth Offi... by b""g coofinod ... pmvid,d obovo, fo, 0 p'riod of not I... thon nin", (90) doy.. (d) Any p""'n who .hon knowingly h"bo, 0' k",p ony dog infectod with "b. i.., 0' ony dog known to hm b"n bit. t.. by 0 "bid dog, 0' who .holl foil to "po« '" tho polico 0' h..lth offim th. ...".n" of 0 dog which h. know. '" b. .. iof.cud, 0' ,boll foil to p,oduco ond .umnd" up ony dog pu,"uont to .ob"c- ,ion (0) h.""f, ,holl '" p=i.hed .. pmvidod in thi. o,dinonco. (.) Any p',..n finding 0 d"d dog ,holl " onco notify tho polico dopmm<n<. (f) It ,boll b. unhwful fo' tho own" of ony dos 0< dog. .ix mon,h, of og. 0' old" '0 k",p 0' moin"in th. ..m. unl... ,uch dog 0' dos. .holl hm b",n ."d..t. .d by 0 lic....d v".dn"y ,u'g<on with onti-"bi.. v"cin.. Such v"cinorion. ,holl con.i" of Modified Livo Vitw.Chick- .n Embryo Otigin (MLV-CEO) v"cin. ond .holl '" odmini""ed " in"'vd. of not roo" thon th,.. y...., 0' ony o,h" Ii"n,ed v"cin.. wh.n odmini""ed " in. """" "comm..d.d by th. monuhCtu'" ODd opp,ovod by th. U.S.D.A. Wdtten p,oof of .ucb v"cinocion .boll b. 0 con- dition p""d..t '" tb. i..uouco of 0 Ii"n" ,b",fo,. SECTION 8. CONTROL OF RABIES OUTBREAK. Wh.. tb. Moyo" pu,"uont to R=lution of tb. City .holl declm on .m"g..cy duc to "bi.., (0) It ,boll b. unlowful fo, tho own" of ony dog to p'nnit 0' ,uff" .uch dog to '" " I"g.. Any dog found" I"g, .holl '" d."".d '" b, 00 with tho p',mi,. .ion 0' " th, .uffmnco of i.. own". (b) It .h,]1 '" =¡'wful foe ony P"- .on oxcopt th. owu" of 0 dog, Ot hi. og..t, '" op<U ODY doot 0' g'" of ony p,iv". P""""" 0' to otb"wi.. ",rico 0' ...bl. "y dog'" I"vo ony pdv". p",ni". fo, tho pu""", 0' with th, r..ult of .",iog .uch dog" I..g.. (c) Any dog, found" h'g. .holl h, impo=d.d by th. polico d",mm"'t wh"h" lico",ed or not. SECTION 9. CITY MANAGER, AU. THORITY. Th. City M..og" ;, b."by outbodrod '" contmt from y... '" Y'" with ony inco'pom.d ood"y fo, th, ptmncion of crudty to wmol. for th, cmving out of th, pmvaio", of thi, Regular Session, February 4, 1974 69 Ordin..CO, ineludins th, collection, pm. ",tinn ..d di.po.icion of dos., ODd th, cnlleccion of f... for th, lic.." ..d "" of .mod dog.. SECTION 10. IMPLIED CONSENT. Th. opplic"ion fo, ond th, ",dpt of 0 lic...' " "qui"d h",in ,holl inelud, .. implied co","'t by th, own" to 1"" mit .. imp'etion of both ml ODd p'r- ",n,] pr°p'«y =d.. hi. control fo, th, pur"",. of "'rying out th, penvi.io", of tbi> Ordinanco rd"ing '" h"bo,ing vici"'" dog or dog., or "I"ing to "bi.. or to th. control of "bi" outbmk 0' rdoting '" tho penvi.io", of .uch o,di. n...' ""ting to tho prohihtion of «udty to ..in..!.. SECTION 11. PENALTY. Any p',"on violotins "y of th, penv;,;o", of thi, Ordin.." .holl, upon convietion, h, fi=d 0 rum of not meeding On. Hund"d ($100..0) Doll", ..d CO",, ..d in d,. foult of poym..t b. commi",d to th, City or Couney joil, until ,uch fi.. ..d ""'.. 0" poid, no' ."..ding thritr (30) doy' or 0 ¡oil ""'..co moy '" impo.ed not oxc..ding th. .oid thi«y (30) doy.. SECTION 12. SEVERABILITY. Should "y ""tion, p"'g"ph, ..ntenco, dou" or ph.... of ohio Ordin..co b. d,d",d unco",ti'utiono! or inv'¡¡d fo, "y m. ..n, tho r""oind" of ..id O,di..nco ,holl not b. ofl,eted th",by. SECTION 13. REPEAL. Ordi..nco No. 7-65 '" ond tho ..m, i. hmby rep"l.d. SECTION 14. EFFECTIVE DATE. Thi. Ordin..co .holl b. in full forco ..d .ffoct immedimly upon ito po..og', odop- ,ion ..d publicotion .. by low i. p'o- vid.d. Po..,d, opprov,d ..d odop"d ohio 4th doy of F.b,u"y, 1974. All.. T. Thom. Moyor Alvin E. Lundh Emil S"cki. C. Rob... Juotmonn Councilm", ATTEST, Leo F. Fenmmd, City CI"k Publ¡'h.d offidolly in tho Td.g"ph Hmld N.w.pop" thi. 7th doy of F.b. 'uory, 1974. Lon F. Frommdt Ci'y CI"k 't.2-7. Councilman Stackis moved final adoption of the Ordinance. Sec- onded by Councilman Lundb. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays - Councilman Brady. Communication of Mrs. Marie Haupert objecting to the $3.00 li- cense fees for dogs, presented and read. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Brady, Justmann, Lundh, Stackis. Nays-None. January 30, 1974 Honorable Mayor and City Council I present for your consideration a proposed ordinance for Regu- lating Ambulance Service, and a revision of ordinance number 52-69, Establishing Rates and Cbarges. These ordinances were discussed by the Council on December 17th and returned to the staff. Since that time tbe regulating ordinance has been reviewed. A new section, "Exemptions for Existing Ser- vices" has been added and a list of recommendations has been drawn suggesting the amount of fees, insurance coverage and standards for equipment. This list is attached to the proposed or. dinance. Also, Chief Dunpby and I have, on several occasions, met the ad. ministrators and comptrollers of Mercy Medical Center, Xavier and Finley Hospitals. I proposed that the city bill tbe hospitals for am- bulance service and that the hos- pitals pay the city and cbarge the patient. It was indicated tbat in order to do this it would be neces. sary to charge tbe patient the amount of the city bill plus a service charge. The hospital people have not agreed to tbe proposal. They indi. cate, however, tbat they will get together to further consider the several changes which are occur. ring in the ambulance service. It is iotended that there will be two people on every ambulance trip, a driver and an attendant. In order to do this three additional employees will be hired. I am informed that on most trips the ambulance is now served by two pcople. This is accomplisbed by baving ambulance qualified fire- men fill in as the second rider. I iotend to hire the three addi. tional people immediately and put the two rider plan on a permanent basis. The present fee cbarged for am. hulance service within the city is $20.00 per trip. Outside the city it is $37.50 plus 0.35 per mile per trip. I recommend that an ordi- nance establishing new rates be adopted concurrently with the 70 Regular Session, February 4, 1974 Regular Session, February 4, 1974 71 ordinance regulating the service. I recommend tbat the new rates be $35.00 per trip witbio tbe city and $40.00 plus 0.50 per mile per trip outside of the city limits. In support of this proposal I have attached a cost estimate for am- bulance service covering a one year period. Gilbert D. Chavenelle 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. ORDINANCE NO. 9-74 An Orellnance to regulate the licensi.ng, inspection, design and operation of ambulances, to pro. vide sta..arels for the licensing of ambulances and of ambulance drivers, attendants, and attend- ant-drivers, to provide for re- newal and revocation of licenses, to requlra written report., to provide for traffic regulations of ambulances, and to establish penamas for violation of its provisions. presented and read. Councilman Lundb moved that the reading just had be considered tbe first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Staoos. Nays - None. Councilman Lundh moved that tbe rule requiriog an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the followiog vote: Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 9.74 AN ORDINANCE TO REGULATE THE LICENSING, INSPECTION, DESIGN, AND OPERATION OF AMBULANCES, TO PROVIDE STANDARDS FOR THE LICENSING OF AMBULANCES AND OF ATTENDANT-DRIVERS, TO PRO- VIDE FOR RENEWAL AND REVOCA- TION OF LICENSEs, TO REQUIRE WRITTEN REPORTS, TO PROVIDE SECTION. STANDARDS FOR AM. BULANCE LICENSE (0) Eoch omhubnce ,hoU, " oIl tim.. when in we " ,uch, (I) he """hIe fo' rhe "O"po"'- rion of pori.." f;om ,he ....d. poin' ofheal'h, uni"rion ond "foty, ..d be m.;n";ned in ,ui"hle p"mi,..; (d) cont.;" equipmon, confonning wi,h rhe ..ond..d." 'equi",nen" orid "gul"io.. provided fu, herein, which equipmen, ,h01l be in p'ope, ond sood condition fo, ,ueb we; (ill) . cur,..dy comply wi,h 011 op- pli..ble bw, ..d Ioc'¡ o,di- n,.c.. "bring co he'¡rh, uni,,- rion ..d ufery; (iv) he equipped wirh "",h ligh", ,iren, ..d opeei'¡ mulrlng' '° de,ignote I' " on ""buionce " nay be p"",¡¡,,¿ in ""onoble regul"io.. promulg"ed by rh, Licewe Officer; ..d (v) he equipped wirh opproved ufe. ty hel" fo, the driver, mend- "", p"'..gen, ..d p"ien,,; (vi) t"ined ",..d.., or mend...- driver duU ,em';" in rhe porien, computment " 011 rim.. when 0 ¡nrient i, being ",noporred; (vd) be " Ie", 0 ",r door opening "orion wogon wirh 0 minimum hud room in rho porien..o com- p"'men' of forry..iSh, (") in- ch,,; ofter July 1, 19"; (vill) h... 0 p..ririon dividing the po. rion'" compmm..' ..d the driver', comportment, with 0 rempered gl... ,liding window in .o.;d p..rition; (ix) h... oui"ble power in rhe om- buI.nce for rhe ope"rion of In- cub"o" ..d ",plmo". (b) Any chonge of owner,hip of 0 lic....ed ombul..ce oh01l termin- '" rhe lice..e ..d ,h01l require 0 new opplié"ion 'nd 0 new liceo.. ond conform.;,ce wi,h 011 ,he requiremen" of rhi, Ordi- nonce " upon origin'¡ lice..ing. FOR TRAFFIC REGULATIONS OF AMBULANCES, AND TO ESTABLISH PENALTIES FOR VIOLATION OF ITS PROVISIONS. NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, AS FOLLOWS. SECTION 1 DEFINITIONS (0) UnI.., otherwüe 'peeified, the term "Ambulonce" mun, ony pri...ely or publicly owned mo. ror °' other vehicle th.. i, 'peciolly d..igned or con..,uCt. ed, ..d equipped, ond i, intend. ed to be u..d fo, ond i, moin- "ined or ope""d fo, ,he ",n,po",tion of poden", ex. cept ony ouch motor "hicle owned by, °' opemed under the direCt con"ol of, the United S"",. (b) "Arrendont" mu.. 0 "'ined ond.o, quolifled individuol re. 'pon,ible for the opemion nf .. ""bubnce ond rhe me of rhe pori.." whether or not the ..tend..t 0"0 ..rv.. "driver. (c) "Attendon'.Drivcc" mu.. 0 pe', 'on who ¡, q..lified " on ". ,..dont ..d 0 d,iver. (d) "Driver" mu.. on individu'¡ who d,iv.. on ""bulonce. (c) "Duol pucpo.. pmol m" mun, 0 vehicle, opemed by 0 police or fire dep..tm..t, which i, equipped" on ombubnce, cvrn th,oush I' ü 0"0 wed for pmol or o,her pur...... (f) "Hulth Officer" mun, the Director of Ci'y Hul,h Dep"'- men" Dubuque, lowo. (g) "Licen.. Officer" me.., the City Clerk, Dubuque, Inwo. (h) "P"i..t" me,", .. indivlduol who U ,ick, Injured, wounded, or otheowi.. in..",cimed °' helplm. (i) "Penon" me.., ony pe"on, firm, p"'n",hlp, o"ooi"ion, cocpomion, compony, g'oup of individuo" ..ring ,ogether fo< 0 common purpo.. 0' o,goni... rion of ony kiud, including ony sovernment'¡ °sency orher th.. the United S"",. SECTION 2 LICENSE REQUIRED (0) No perron, either" owner, ogent or otberwue, ,h01l fu<nub, opemo, conduer, m.;nt.;n, od. Vert;"', or orheow;.. be 'ngoged In or prof.., ro be ensoged in the bu,in", 0' ",vice of rho t"n,pomiou of porien" upon the mee", olley', or ony public woy or pl..e of Dubuque, lowo =1", he hold., 0 cumndy ..lid licen.. fo' .. ombulonce, i"u,d purruont to thi, Ordinonce. An ombubnce opemed by .. o.,ncy of the United S"t" or the City of Dubuque ,holl not be required to be liccwed hereunder. (b) No ""bulonce ,holl be opmted " ,uch, ond no penon ,holl drive, ",..d or permit i, to be opmted, on the ..,eeu, olley" or ony public woy or pbce of the City of Dubuque nnl", i, .boll he =der the Immedi"e ,u- p".i,ion ond direction of one individuol who u holding 0 cur- rendy ..lid liceo.. " on mend. ..t-d,lm, (..componied by onorher individu'¡ who i, hold. ing 0 cumndy ..lid licen.. " cirher .. "t..dont-d,iver °' " .. "tendon,). (c) Provided however, th" no ,uch licen'" ,h01l be required fnr .. ombu"nce, or for ,h, drim, "tendon, or mendon,-ddver of -on ""buhnce which (i) u rendering "rimnce tn li- ,,",cd ""buionc.. in th, .... of 0 mojor c""teophe or emer- g..cy with which the licen..d ""bolon... of ,he City of Du- buque m in,uffici..t °' unoble to cope; or (ii) i, opemed from 0 loc"ion or h~dqu",crr outride of ,he City of Dubuque in o,der to troo,. port pori,n" whom picked up beyond the !irni" of ,he City of Dubuque '° 100,,10.. within the City of Dubuque, bu' no ouch ou"ide ombul..ce ,b01l be u..d to pick up p"ien" within the Ci'y of Dubuque fo' "'..por- "cion to In",io.. within the City of Dubuque unl", the driver, "tendoot ond. "tendont. driver ond the perron ,ubje" to the p,ovl,io.. of Section 2(0) of thi, Ordinooce in "'pe" of ,uch ombulonce, hold cumndy ..lid licen", i"ued purruont to thi, O,dinonce; ,holl beeome ,f- feerive (m) cu..omori!y opem" from 0 1o. codon ou"ide of the City of Du. buque, i, ..1I,d for 0 p"ient lom,d in the City of Dubuque '° be troo,port,d to 0 loc"ion ou"ide of rhe City of Dubuque: SECTION J APPLICATION FOR AM- BULANCE LICENSE Applicotion for ""bulonce licen.., here- =de, .b'¡1 be mode upon ,uch form, " nay be prep"ed or p"",ibed by the Li_e Officer ond ,holl cont.;n. (0) The ..me ond oddr.., of th, ,pplic..t ..d of rhe owner of the ombul..c~ (b) The ",d, or other ficritio", nome, if ..y, under which the oppli..ot d"" bu,ine" °' pco. po"" to do b..in",. (c) The teoinins ..d experience of th, opplic..t in the ",n,po",- bon ..d cm of pod,n". (d) A d""iprion of ~ch ombu- bnce, inClnding the moke, mod. eI, yur of mooufoc..re, moto' ond ch",i, numbe,; cumnt o"te lice..e oumber; ,h, leng,h of time the ombulmce h" been In u.., ond the color reheme, Inrignio, nome, monogrom °' o,her ""tiogui,hing chmcte,i,- tic, to be wed to d..isn'" opplic..", ombul..ce. (c) The looorion ond d"cription of the pbce or plo'.. from which i, u intended ro opeme. (f) Such o,her inform"ion " ,he Licen.. Officer ,holl deem "'. ,onobly nee"",y co 0 f.;r de- termin"iori of complionce with thl, Ordin..ce. (g) An ..comp..ylng poymen' of lie....e fee of 125.00 per om. bulonce. 72 Regular Session, February 4, 1974 (,) Appli"tion fo, ",..f" of .ny "",bubn« li,.... to .noth" 0' I .ub"itu" li,.... to sooth" 0' sub.titu" vehide .h.1l "qui" ,onfo,m.n« with .11 the ,equi,.. men.. of this Otdin...e .. upon origin.1 li..nsing. No .mbulso.. li....e m'y b, sold, ..,;gned, mottg.ged 0' oth"wi.. ",..f". wi without .pp,o,,1 of the Li,...e O££i... sod . finding of confoemso.. with .11 th, "qui,,- men" of this Otdios.., .. upon origin.1 li....ing. (d) E"h li....,d .mbulso.., i.. .quipment .nd the p,emi." d"ig- nseed in th. .ppli",ion .nd .11 ,<co,ds "I"ing to i.. m.in"n- so.. sod opention .. .u,h, .h.1l be open to in.peetion by the ~~~~~~~'d:~n:is us~:;g~:~~ I of openti... (.) No o££id.1 .ntry m.d, upon' li,en.. m.y be def".d, "moved, obli"nwl, Ot slt".d. SECTION' STANDARDS FOR AMBU- LANCE LICENSE-LIABILITY INSUR. ANCE (.) An "",bulso.. li,en.. .h.1l not be i..ued und" this O,din.n.. not sh.ll ."h li...., be ..lid .ftet Usu"",e, not .hsll .ny .m- bul.n" be opented in th, Chy of Dubuq" unl", th". is " .11 tim.. in fo", .nd .ff,,' ;.,u', SO" ..veng., is.ued by .n in.u,- so.. ,omp.ny li.....d '0 do bu.i- n... in the Sute of low. fo' ",h sod .very "",bulsn.. owned .nd- 0' opented by 0' fo' ,he .ppli- c... 0' li"...., p,oviding fo' the p.ym..' of d.m.g.., (i) Fo' injUry to 0' de"h of indi- ~'.n;o ,,::.~i~:," w~:hlt~~ I ow'" of the .mbul.... would be li.ble on ."ou., of lisbiIiw imposed o. him by Isw, "g"d. I... of whtth" the .mbulso" '0'" being drive. by ,he ow." 0' hi. .gent. (ii) Agsinst d.m.ge to the p,opetty of sooth", inoludiog pe,soo.1 p,opetty, und" like d"um"'o- ca. (b) The minim... .moun.. of ,u,h ¡"""so" coven.. .h.ll be d",,- mined by 0' punu,", to ...1.. psomulg..ed by the City Cou..il 0' their d..ign..ed offici.1. Th, minim... _un" .. genenlly fixed by ,he City Coundl 0' th,;, d..ign,wI o££i,isl .nd .. .ppli,d in soy p"ti,ul" "" sh.1l be fixed .nd .pplied in su", msnner .. so provide "'- ....ble ...unn" of indemnifi,,- tion .gsinst inj"'y sod psopetty d.m.ge which m.y be in"""d in the opentio. of .mbul.n", -..---- _-4"411......,.",...............,,~.~., sod ,h.lluke due ",ount of th, hsz..ds of the busin... .nd the d"...",nc" und" whi,h . lic..... is .uthorind so ope"',. (,) A copy of the in...so" polid.. .h.ll be .ubmitted 'n ,he Licen.. Offi.., fn' .pp,n"l peio, tn th, is.u.n.. of ",h .mbulsn.. li....e. s.tUb,sow ovid,n.. th" ,u,h in....n" i. .. .11 times in fo"e .nd eff"t ,h.1l be f..ni.h- ed to th, Li,en.. Offi"" in ."h foem .. he m.y .pedfy, by ill licens.. tequi"d to psovide ",h i....so" u.d" the psovi. sion. of this O,di...... (d) Emy in.un..e poliey .h.1l con. uin . p,ovisio. fo' . eontinu- inS li.bility theceund" to th, full .mou.t the...f, .otwith. "soding "y ,,'overy thmon, th.. the li.bility of the i..um sh.1l not be .ff"'ted by the in.olvency 0' the b.nk..p"y of the ..,..ed, .nd th.. until th, poliey i. tevok,d ,he i..unn.. comp.ny will not be "Iimd from li.bm,y o. "count of non. paymen' nf p,emi..., fsilu" to ,enow li,en.. .. the end of th, ym, 0' "y so, 0' omi..ion of the n.med .....ed. (e) Every i..unn.. poli,y .h.1l os. tend fo, ,he peeiod to be ,ovmd by ,he lic.n.. .pplied fo, .nd th, in.u'" ,h.1l be obliged to give not I". thso ten (10) d.y. w,it. ten .oti.. to the City of Du- huque ..d to the ...u,ed belo" soy m.",i.l ch...., "n..ll..ion, 0' te,min..ion of the poli,y "d. ie, th.n i.. "pi,..ion d.te sod the "..ell..ion n' oth" tetm. in..ion of .ny ",h poli,y .h.1l .utom..ic.lly tevoke .nd ",min. see the Ii,..... fo, the .mbu. I.nc.. cov"ed by .u,h poli,y, unI... .noth" in.unn" poli,y oomplying with the psovi.ion. of this .",tion is p,ovided .nd i. in elf",t .. the time of .u,h "n. ..Il..ion n, tennin.tio~ SECTION 6 DUTIES OF LICENSE OF. FICER (.) The Licen.. Offic" .hsll, within thitry (30) d.y. .ft" t"dpt of .. .ppli"tion fot .n "",bulsn.. li..... .. p,ovided fo' hmin, "..e .uob i.vestig.tio. .. he deem, ."....ry so be m.de of the .pplicsot sod of hi. p,npo"d opentio... (b) The Li,.... Offi", .h.1l is.u' . li..... heteund" fo' . .ped- fied ""bul...., so be ..lid fo' . period of th... (J) ye... unl". "tli" ...pended, ..voked 0' "'- roiriseed, when he finds, (i) Th.. esch .uob "",bul.n.., iu tequi"d equipment ..d th, Regular Session, February 4, 1974 p,emi... desig.seed in the .ppli- "tio., h... been ",tified by th, Heslth Offi", .. psovided fo' h",;~ (ü) Th.. only duly li,en.ed d,iv,,", ..tend...., .nd .."ndsot-deiven sse employed in ."h "p"iti". (ili) Th.. sli the "quitemen.. of this O,dinso" sod sli oth" .ppli,- .ble I.", sod O,di.so... h... been me~ SECTION 7 DUTIES OF HEALTH OF- FICER (.) Prior to the Us..... of soy .m- bulsn" lic.... hmund", the Haith O££i", shill "", to be ¡"'pected the vehiol.., equipment sod p,anises d..ign.ted in "ob .)plie.cion heceunder, .od .b.1l ",tify his .pprovsl in . wsitte. upon so the Lie.... Offic" when he find. compw" with the .""d"d. p,..eribet! in Se,- ,... . (.) sod in Sec,io. . of this O,din...e, .nd with the ,egul.tions p,omulo/sted und" meh sections; Provided, howe... that under the teem. of thi, O,d- inso" the He.lth Offi... .h.1I h... .0 ,apo..ibili,y, .nd .h.ll en..¡" DO .u,hosity, in conn,,- tion with I.w. .nd n,din.n,.. of genenl .ppli..biIity which d,,1 with motn' vehicle in.peetion. (b) Sub..quent '0 is.u...e of so .m- bulso.. lic.... hereund", the Heslth Offi.., .h.1I ..use '0 be inspected ",h sn,h vehide .nd i.. seeo,ds, i.. equipme., .nd p,emis.., whe..... he deem. ,neh inspection '0 be ."....ry but in .oy event no I... f'equendy thso twi.. ",h ye", ..d .h.1I p,ompdy ..post hi. fi.ding. in . written upost so the Li,...e Of- fic". The periodic i..pe,tio. ""ui"d h"eund" sh.1I be in .ddition to soy other ..f..y 0' mnto' vehide in.peedo.. "qui"d SO be m.de fo, .mbUl..... 0' oth" motOO ..hid", 0' oth" inspection. ,equited to be m.de, und" genersl 1.'0' 0' n,din..,.., ..d ,h.1I no, muse compli.n" with soy 'equi"men, of Isw 0' o,dinso.. '0 <lispl.y "y offiei.l ",tifi.... of moto, ..hide in. .pection sod .pp,onl DO' muse oompw" with the "qui,emen.. of "y oth" .pplie.hle genersl Isw 0' ordin..... (,) A ropy of e"h initi.I, ..miso. .usl 0' o,h" .mbUl..", equip- m'.t .nd p"mi." in.p",tion so. post submisted hy the H..lth Offi... 'n ,he Li..... Offi... und" the p,ovisions of ,hi. ..c- cia. sh.1I be p,ompdy "so.. mi",d '0 the .ppli..n, 0' lieen- ... SO whom it "fen. 73 SECTION 8 STANDARDS FOR AMBU- LANCE EQUIPMENT AND DESIGN (.) Requi"d ",uipm..t in "ch .m- bnl....,hsll indude", .11 tim.., when the .mbul.n.. is in ... .. .u,h, equipment .dequsee in ,he judgmen, of ,he H..lth Offices £0, dsessing wound., .plinting f.."u,a, ..."olling hemo"h..., psoviding oxygen, ..d msin,sining .inv.y.. (h) Each vehicle ope",ed .. .. .m- bulso.. .h.1l be equipped with ,wo-w.y mnbile "dio commoni- ..tions, Fed.... Communie"ion. Cotnmiuion Ii_oed, whe" en- g.ged . in . perlo...ing ""'gen.y services '0 the communi,y; .u,h equipment so be of .dequ." powes to eo""uni.." within the .... .."ed. E"h motOO ..- hide opmeed .. . Is.d .mbu- I.... .hill be si, Conditioned. (c) E"h ...bul...e ;'ehid, .h.1I be of model .nd m.k. so i..o" ..fe ..d comfo,..ble tnn.po"ation of the pati.... ..d mus' h... .ufficien,h"d sonm '0 "com- mod." the patien, in . Fowl,,'. position. (d) E"h .mbUlso.. ,h.1I h... .dequ". lighting fo, cm of p" tien.. when the don," m d""d. Each .mbulso" .h.1I be equip- ped with . "" flood ligh,. (e) The H"lth Offi... is ;u,bosind .nd ditec"d SO p,omul.." .nd .dminist"'e segulations, '0 im- plement the "sod"ds provided hecein .. to 'equi,ed design .nd equipment of ...bUl...a. In de- ",mining the .deqn"y of equip- ment, the H"lth Offices .h.1l ..ke into conside",io. the c",- 'ent list of minim.1 eqnipmen, £0, ""bul.."" .dopted by ,he Ameri..n College of Su,...n. 0' its duly .utho,aed. Coouoi".. o. Tn..... E"h lieen... of .n .mbnlso.. .hsll .omply with .neh "..on.ble "gUl.tion. h"e- und" .. m.y be promolgated by ,he HesI,h Offi", sod .h.1I msi.tWt in e"h snob .mbul..", .. ill ,imawhen it i.inuse.. .u,h, .11 such eqnipm.., .. m.y be p"",dbed by the H"lth Of- fi", he....des, 0' .. "qui,ed by the S..ee Code of Inw.. (f) All .ddition.1 ""ui"m.... ..d "gUl.tio.. p,omolg.,ed by the Heil,h .nd Lic.... Offiem in implementing thi. O,din.n.. .hsll be "viow,d f", ""P"n.. 0' "j..tio. by the City Bo"d nf H"lth within .i..y (60) d.y. of promuls.tio.. SECTION. APPLICATIONS POR DRIVERS, AITENDANTS AND AT- TENDANT-DRIVERS LICENSE Applic..ion. fo, driven, ",..dso.. sod ."end..t-driven li....... hmu.d" 74 Regular Session, February 4, 1974 ,bill be ...d, upOn ",ch fornu .. m'y be p"pmd or pr..cribed by rho Lk"". Of- fic" ",d ,b.ll tOnnin, (a) Th. 'Pplican'" full name, cur- unt ",idenet, pi".. of r..idenet for five (J) Y"" ."viou, to moving ",.hio p",tnt add".., and hO pr..",t addr.... (h) Th. applican'" age, marital "at. ", htight, color of .y.. ..d hair. (c) Whrth".h' h.. .v" been con. vkud of a felony or "",clrmcan- OC,. ..d if '" whtn ..d whore and for what ca..... (d) Th. applic..t's training ,nd rx- I ptria>« in tho tr...portation ,nd . cu. of ",ûtnnand ..heth" h. h.. pr.vio..lybetn lic"",d .. a driv", chauff...., atr",dant or atr",dant-ddv", and if '°, whtn .nd . whm, .,nd. wh"h" hi, liee... h.. .."..betd "voked or . s_drd in any. jurOdicdon ,nd for what ca-- (.) Affidavita of .good chmetcr from twO ""utahk eiti"n, of the Unitt<! SnU' who h.ve ptr- ..nilly known such ,pplicont and obotrv.d h;, conduct during (1) ycar p"etding tho d", of hi, application. (f) Two r"ent phorog..ph, of tho applicant, of a lize dwgnated by tho Lictn" Officer, on. of which ,holl h. atr",h.d hy tho Licm" Offic" to tho Ii"",... (g) Such oth" info""ation .. the Lic.... Officer ,h,ll deem "'- ....hlynrcc...ry to , foir deter- .mmation of compliauc. with rhi, Ordinanc.. (h) An "companying .lietn" fee of IS.OO, unI.., muniei",lly optr- ated. SECTION 10 STANDARDS FOR DRIV. I ERS, ATTENDANTS AND ATTEND. ANT-DRIVERS LICENSE (,). Th. Htalth Offic.. ,hall, within thUty (JO) day' afr" r"tipr of an application .. provid.d for htrrin. co.... ouch inv."igation .. h. d""" n.,"""'y to he m,d. of tho applicont for ,n ,mhu- lanco driven, "'mdant or at- tendant-ddven lico.... (h) Th. Lieen.. Officer ,h,ll i..u. a lictn" to an amholanet dri..., attendant or attendant.ddv" h".no"'r, volid for a p.dod of duo.. (J) y..n unI", ..rli.. ,u'- ptndrd, "m.d or t"minat.d wh.n.h< findo thot tho ,pplican" (i) io not .ddiCted to the ... of in. roxicating liq..," or n"cotiCO and i, _rilly fir for the po,i- don; (ii) i, ahl. ro 'ptak, r..d ,nd wtitt tho Engl;,h langu'g'; (ill) 1m htto found' hy a duly lic....d physiCian, upon tUmin,- tion am.ttd to on . fo"" pro- .vidrd. by the H<a1th Officer, to ~-" -- _.IIII."IJLlU¡J..III..."".'Í!'O¡""""",.,""""""",~" h. provid.d by tho H..hh Of- fic", to he of ,onod phy,ique "",....ing .ye sight" Ie..t 20-3; in one eye .nd 20.46 in ehe orh. ", or vOion 20-100 or bet'" i, comcttd to.. 20.20, ,nd fr.. from phy,ical defect; or di...." in "cord,nco with the phy,itol "and",b '" forth hy the H..hh Officer, (iv) for ..ch applicant for "ttnd'nr or ",end,nt-driven lietn.., rh" ,uch 'pplicanr h.. a cutrmcly ..lid c",ificott evidencing ,uc- c".fu! completion of , coU"" of training .qui..lent to the ,d. ..ncod coune in fint ,id given hy tho Amtrlc.n Red Cro.. or th. United Store. Bu"'u of MiD", (v) Within oiny. (66) d.y' of 'po plication, applican" a" ttquittd to be enrolled in th.. mort ,d. vancod cour.. on mum, .pon. ..rm hy tho Amorican College of Sorgeon' andoOr theconr.. off". ed by th.. N.tiunol Ambulonoc Training In,tiruu, or their equiv. oItnt; whkh cour... are ro in. clud. minins in the techniqu.. of adminiotedng cordiopulmon"y ",u,eintio. equivol.nt to the cou'" giVtn by tho low, Hem A_iotion; and moot ,uCt..,ful. Iy compl... the coun... (vi) Th", cou"" mu" be 'pproved by the Heolth Offiw of the City. PROVIDED HOWEVER, th" no one ,h,1l bt liceuoed " ,n ,mbul,nce driver or ,r..nd,nr-driver unl.., he hold, . ,u" "ndy ..lid ch,uffou", licen" hom ,he Suto of low,. (c) A lieenie " ,mbulance driver, "tend,nt or ",end'nr-drive< i,- ,oed h"eunder ,h,ll nor be ". ,ign,bIe or tun,f"abIe. (d) No offici,l.nrry m,de upon' licen.. m'y be defoccd, "moved. oblitmd,or ,lter.d. SECTION II RENEWAL OF LICENSE R......01 of "y lice.... hereunder, upon expi"rian for any ",oon or after "voco. don, ,hall "qui" confo'mance wirh ,11 the "quiremen" of thO Ordinance" upon original licoming. SECTION 12 REVOCATION OF LI. CENSE (,) The Licen.. Offiw ni,y, ,nd ;, heteby ,uthorized to ""ptnd or revo~e a lie"",. i..ued hereund" for exuoe or for foilu" of , licen'.. to comply ,nd ro m,in. tain compliance with, or for hi, violation of, "y ,pplie,ble pro- ...io'" ",nd"d, or "qui"men" of tIm Ordina.nce, or of "gu],. rion' promulg"ed ther.und" or of any other 'pplicob!e low, or ordin..", or "gulatio.. promul. sated th"tnnder, ,frer ,uch reo. ,ouobl. time for compli,nce " Regular Session, February 4, 1974 75 may he "t by tho Licen.. Offic- ". The Li""", .h,ll hove the right to , hearing before the Boud of Health of rhe City of Dubuque on 'ny .uch ,u,pension or ..voe,tion by tho Licen" Of. fk", provided a wri",. "que" therefor io filed with the Lice... Offker within rhiny (JO) d,y' ,fter receipt of no,iee of ,ucb ,uoptn...n or "vo",ion. The Bo"d of Heolth m,y ,ffirm ,uch ,uopeuoiun or "voextion or "in- "". any ouch licen... Upon 'u" pt...,n or "voe"ion nf 'ny lie.... the f.. therefor ,h,1l not berefnodrd. (b) The initi,I, ..mi-,nnu,I, or other ambul..ce, equipmtnt .00 prem- i.. in,pection rtpo'" of the H.oIth Offker herein provided for, .ball be evidrnc. of compli- .ne. or non-compli,nee with, or vioI"iun of, rhe provi,io.., mn- danb and "quiremento provided htrein, and of tho ""oI"ia.. promulsa",d h"<under, for rhe licensing of ...bulanc... (c) Upon ._Iion, ..voeation or urmination of an ,mbulance Ii. c.... h....nd", ouch ambolance ,hall c.." operation, " ouch ,nd no pt"on ,h,1l pemUe .uch ,mbul,nce ro continue operation, .. ,uch. Upon ,uoptmiun, "voco- rion or urmin,don of , driven, "rend,nto or "..nd,nr.driven lic.... hmunder, 'ucb driver, ,,- rend,nr or ",end,nt.driver .h,Il cea.. '" drlvt or "'.nd an ,m. bulanee and no p"ron ,holl .m- ploy or pennit ouch individu,l to driv. or "'end an .mbalance. SECTION" REPORTS (,) Each lieen... of an ,mbalance m,ll main"in ac.o",. """,d" upon .uch fo"", " m,y be pro- vided or p"",ribed by and con- taining ,uch information" m'y be ..qui..d by the Health Of. fie" conwning rhe "'..por". tion of each patienr wi<hin the .m ..md. Th. reeo"b ,h,1l be ..illable for i..pection by rho H.oIth Offictr " any ""on,ble time and cop;" tb....f ,h,Il be fil,d by tho Ik"",ee within forry.eighr (48) hou" upon re. q""t by the Heolth Officer. SECTION 14 OBEDIENCE TO TRAF. FlC LAWS, ORDINANCES AND REGULATIONS ('J The driver of .n ,uthori"d 'm- bul,nce vehicle whm r..ponding to an ...ergeney coil or while "...porting , p"itnr therefrom, m,y extrei.. tho privileg.. ..r forth in thi, "cdon, ",bjeer to the conditio.. herein "",d ,nd only when ouch ambuI,nce i, making... of audibl. and vi,u,1 ,..,,01. and ,uch driver h.. "'- ...,ble groundo to belicvc rh" an em"",,"cy in f"r do.. e,",t ..quiring the ex"c... of .ucb privileg... (b) Subject to the provioio.. of .ub. ..ction (,) htroof, the drive< of ,n ,uthurized ,mbul,noc, (i) When "'ponding ro an em"sen. cy cill upon appro,ching , red or "op ,ign,1 or 'ny "op ,igu .h.ll ,low down" n"....ry for oafery, bur may proceed exutiouo- ly p..t ,uch "d or ,top "gn or .ign,l. Ar orher rim.. driven of ,urhorized ambol"",. v<hicl" '¡'ill "op in obedime. to "op ,i... or .;..w. (ii) Sholl nor ",om< ,ny ...",1 Plio vilege nod.. thO ordin,nce ex. copt in r"PO"" ro an """gency call. (iii) Wh", r""""ding to em"gency callo ,b,ll nor be bonod by the .peed !imi"tion. '" fonh by law, ordinanct or ..sul"ion when the ddvtn thtr.of .ound audibk "".01 by bell, ,irrn or exh,uot wbi"lt. Th;, provi,ion ,hall not ..Ii,.. the driv" of ,n ,othorized ambulanc. vehicle hom the duty to drive with due "g"d for tho ..fery of all p"- ..n. u,ing the onreto, nor .h,1l it prorect tho dd... of ,ny ,uch v<hiek from tho 'o....quence, of ¡,¡, neglismce. SECTION" PENALTIES (,) Any penon violating, or foiliug to comply wi,h, rhe provi.ion, of Section 2(a) of rh;o ordin,nee ,nd tbe appliexble prov;,ion, bmoof ..¡,ting to tho licen,ing of ,mbulane.., ,hall be deemed guilty of , mi,demeanor ,nd up. on conviCtion therwf ,h,1l be poni,hed by , fine of not mM' th,n Onr Hundred Doll", ($100.00) or by imprironmen, for not more th,n ,bi"y (3O) d,y. (b) Any ptrron viol"ing, or failins to comply with, ,ny orh" pr~ vi,iono of rhO ordinance ,h,1l bt detmed guilry of . mi,dr. meanor and upon conviCtion ther..f ,holl bt pun;,bed by , fine of nor more th,n One Hun. dred Doll", ($100.00) or by impd,onment for nor more rh,n rbiny (30) d,y,. (c) E"h d,y th" 'ny violadon of, or failure to comply wirh thi, Ordin,nce ;, commimd or pe""irrrd to continue ,h,1l con. "itnte , "pmre ,nd di"in" of. f.n.. under rhi, Section ,nd m,y be pu..,hab!, " ,ueh hereund". SECTION 16 EXEMPTIONS FOR EX. ISTING SERVICES (,) Every ,mbol,nce "rvice which i, ."ually tng.sed in the opt". don of ,mbul,ne" on tho effer. 76 Regular Session, February 4, 1974 dYe d,to of thi, O,di..n" ,nd fo' " I"" ,ix month, p"vioux. Iy, ,h,ll b, ,ndtl,d to ,n ,m- bnbn" Ii""" upon compli,n" with th, "qui"m,n" of S",ion Nin' (9) of thi, Otdin'n". EVery 'mbubn" '0 I"'n"d ,h,ll h... until July 1, 1974 to com. ply with ,ny 001" pmmulg",d pu"nxnt to S",ion Th", (3), ,ub""ion Th", (3), of th~ O,din,n" "I"ing to ",ining xnd comp""'" "qui"d fo, ". "nd,nt, ,mbul,n" d,iv,," ,nd "t",dxnt-d,iv,,". Th, H"lth Offi", ,h,ll pmmulg", ,ul" und" S"don Thm (3), ,ub- ""ion One (1), Two (2), Fou' (4), xnd FiVe (5), of thi, O,di- nxn" .."blixhing only ,uch "'- ron,bI, minimum ",nd"d, " '" ..""ti,I to pro,," p"i,n" ",n'pone<! in ,mbubnc.. op- mtod by ""bubn" "ni", holdins li"n,,' i"u,d und" thi, Stcdon. (b) Any ,mbubn" opem,d by ,n ,mbolxn" ""ic' li"n"d un. d" thi, Soction ,nd which com. pli" with th, mnd"d, .",b. I"htd by th, 001.. p.omulg".d " "",ui"d by thi, S."ion ,h,ll upon 'pplbtion fo' i"n,n" 0' "ntwxl of , ",dfi",. " pm. vid,d by Stetion Six (6) of thi, O,din,n", b. ",dfi.d fo' opmtion dudng ,ny p"iod pOt. ",ibed by S",ion Elmo (ll) of thi, O,din,n" ,nding not I"" th,n Jun. 30, 1978. Noth- ing in thi, Stedon ,h,ll ,ntitl, ,ny ,mbubn" "ni" to ,ny ox. .mption, loom "xnd"d, .",b. li,h.d by ,ul.. poomulg".d un. d" thi, O,din,n" with "'P'" to ,ny new 'mboI,n" pu"hmd ,I", th, tlftedv, d", of thi, A". SECTION 17 SEPARABILITY If ,ny ""ion, ,nb,tetion, "n"n", d,u", phm. 0' po,don of thi, O,di. o,n" i, fo' ,ny ""on hold invxlid 0' unco"'titudon,1 by 'ny coo" of compe. "nt iu,i,di"ion, ,uch portion ,h,ll bc d"m.d , "pm". di"in" ,nd ind'pend- ,nt p,ovi,ion ,nd ,uch holdins ,h,ll not ,fftet tho vxlidity of th, "m,ining p",' tion' h"tOf. SECTION 18 APPEALS Any Ii"n" 'ppli"nt "' Ii"n". ,h,ll h... th, dsht to , h"dng belo" th, Ho"d 01 H"lth of th, City of Dubuqu, on ,ny ",ion of tho Li"ntt Offic" 0' tho H"lth Offi"" p,ovid,d , wdtt,n "",u..t thmlo, i, /il,d with tho H"lth Offic" within thirty (30) d,y, ,I", ""ipt 01 nod" 01 ,uch "tion by th, Lic.n" Olli", 0' th, H"lth Olli"" no dght to ,pp,,1 to th, Bo"d 01 H"lth ,h,ll "i" wh." complxint 01 viobdo", 01 thi, o,din,n" '" lil,d in 'ny cou" 01 compet",t iud,di"ion. ---, ---, .. ~--""""""~"""~'t"+"""""""""'fi SECTION 19 EFFECTIVE DATE Thi, O,di..n" ,h,ll becom. .ff"ti" F,boo,ry 8, 1974. SECTION 20 ORDINANCES REPEAL. ED All O,din,nc" xnd P"" of O,di- n,nc" in conllict with th, p,ovi,ion, 01 thi, O,din,n" '" hmby .tpe,ltd. P",.d, 'ppmv,d xnd ,dopttd thi, 4th D,y 01 F,boo"y, 1974. All,n T. Thom, Mayor C. Robe" Juxtm'nn J,m" E. B"dy Alvin E. Lundh Emil S"cki, Councilm.n ATTEST, Leo F. F,ommolt City CI"k Publ~h,d offi",lly in tho Tol'g"ph Hmld N.w,...pe' thi, 8th d,y of F.b- oo'ry, 1974. LtO F. Ftommolt It. 2-8. City CI"k Councilman Lundh moved fioal adoption of the Ordinance. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 10-74 An Orellnance fixing and astab- lishlng rate. and charga. for City Ambulance $arvl.. and repeal- Ing Ordinance No. 52-69. presented and read. Councilman Lundh moved that the reading just had be consid. ered the first reading of the Ordi. nance. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackig. Nays--None. Councilman Lundb moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays--None, ORDINANCE NO. 10-74 AN ORDINANCE FIXING AND ESTABLISHING RATES AND CHARGES FOR CITY AMBULANCE SERVICE AND REPEALING ORDINANCE NO. 52-69 NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Regular Session, February 4, 1974 77 SECTION 1. Th" thm b, ,nd i, h".by .."bli,h,d th, lollowing "h,dul. 01 m.. xnd ch"g" lot City Ambul,n" Setvi'" (,) Fot t""'potting on. pe"on Itom xny point within tho City Linü" 01 th, City 01 Dubuqnt to 'ny ho'pi"I, d=to'" offi", nu"ing horn"~ horn, rot tho 'gtd, convxI""nt horn, Ot xny oth" point within th, City 01 Dubuqu, $35.00 pet tdp. (b) Fot t""'pottins on, p,,"on loom my h"'pi"l, doctO'" offi", nu"ing hom., convxl""nt horn"~ horn. lot th, 'gtd, 0' xuy oth" point within th, City 01 Du- buqu, to ""y point I=",d with. in tho City 01 Dubuqu, $35.00 pet "ip. (c) Fot """potdng on. pe"on loom 'ny point ou"id. 01 tho City 01 Dubuqnt to ,ny ho'pi,,1 0' doctOt', offi" within tho City 01 Dubuqu. $40.00 pI", .50 "n" pet mil., P" "ip. (d) Fot """potting on, petron loom 'ny h",pi,,1 0' doctOt', offi" within th, City 01 Dubuqu. to 'ny point ou"id, 01 tho City 01 Dubuqu, $40.00 Flu, .50 "n" pet mil., p" "ip. (,) In ,ddition to th, ,bov. ch"g", th". m,y b, impottd , lutth" chug, 01 $10.00 P" hout, Ot Imtion thmol, lot dol,y, in """ 01 ton (10) minut.., not """d by th, ""bul,n" ddw. SECTION 2. Th" lot tho pu'po" 01 th, ,boY. ,eli,dul" mil"g' ,h,ll indud, th, ",d" di"xu" ",vol,d by tho 'm- bul""" in ptoviding th, "ni" I'om Imins th, gms' to t"utn to th, smg'. SECTION 3. Th. ,mbulxu" m,y mx!<, exit. Ot ptovid. 'mbulxu" ,mi" only to poin" in low, within Dcbuqu. County Ot to poin" in Illino;, 0' W"co",in I within liv. (5) mil.. 01 th, City 01 Dubuqo,. SECTION 4. Th, City M,n'g" i, hmby 'uthodZtd 'nd .mpowmd to .n- to. into 'g'ternm" with xuy 'uthotiz,d oflici,t. Ot gownins body to poovid. 'm"g"'cy ""bul,n" ,mi" to 'oy point in th, S"t" 01 W"con,in Ot Illinoi, within Ii.. (5) mil" 01 tho City 01 Dubuqu" Ot to 'ny point in Dubuqu. Co=ty, low" which 'gtt,,",nt ,h,ll b, ttdu"d to wtiting ,nd ,isn.d btfott 'ny ,uch ,mk, i, ttndtttd ,nd ,h,U ptovid, th" 'uch oHi",1 Ot gowning body ,h,ll gumnt" th, p,ym"'t 01 th, I", ". "bl"h,d in Soccion 1 htttOl. All ,mi" xuthodz,d by Dubuqu. County Ol/ic'" ,h,ll b. bill,d ditte'¡y to tho Dubuqu. County Sh.dl/', Ol/i". All "<vi,, ,u- thodZtd by tho Dubuqu, County W,lIm Ol/i" ,h,ll be bill,d to th, Dubuqu, County W,II,tt OHi". All ,,<viet ,u. thotiztd by the E", Dubuqu, Polk. Depmm'nt ,h,ll b, bill,d to tho Em DubuqUt Polk, D'p"tm,nt. All othtt "ll, m,d. in Dubuqu, County, Jo Dxvi", County Ot Gunt County mu.. be p'y,bl, in ,dvxn". SECTION 5. Th. City M,n'gtt of th, City 01 Dubuqu, " htt,by ,uthoáZtd ,nd ,mpowtttd, in hi, <lit"'tion, to m,kt ,dju..m'n" in th, "tt, xud ch"s" to b, li..d lot 'mbulzn" "tvi" in ,uch ".. Ot c".. whttt th, nttd 10, 'uch =buI,n" ,mic, i, ttquittd to ttp.",d- Iy t,,",pott , pe"on 01 !imittd li..nci,I m,xu,. Th, City M,n'gtt ,h,ll h... th, ,uthodty to t""ui" ,uch p,~1 of the lin,n",! ""u, of ,",h p,,"on ,,<king th, b.n,li" 01 thi, .."ion lot 'uch "tvic. SECTION 6. Thi, Otdinxu" ,h,U bt in lull lott< ,nd ,I/tet loom 'nd ,ltc, i" lin,1 p""g', ,doption 'nd publi,,- tion " by I,w poovid,d. SECTION 7. Th" O,din,n" No. 52- 69 p""d, 'pptovtd ,nd ,dopttd on D,- c,,"btt 8, 1969, b. ,od th, um. " hOt,. by ttpe,l,d 'nd 01 no lutth.. rot" n", ,I/tet. P",.d, 'pptov,d 'nd ,dopttd thi, 4th d,y 01 F,btu"y, 1974. AUxn T. Thom' M,yot C. Rob", Juxtm'nn J,m.. E. B"dy Alvin E. Lundh Emil S"dtit Councilm,n ATTEST, LtO F. FtOmmdt City Clttk Publi,h.d ollici,lly in tho Tol.g"ph H...ld thi, 8th d,y 01 F.btu"y, 1974. L,o F. Ftommolt City Clttk It. 2-g. Councilman Lundh moved final adoption of the Ordinance. Sec. onded by Councilman Stackis. Car. ried by the following vote: Yeas - Mayor Tboms, Council. men Brady, Jnstmann, Lundh, Staclds. Nays-None. January 24, 1974 To tbe Honorable Mayor and City Council We have had correspondence from Mr. Micbael McCarthy re- questing a vacating of perpetual right-of-easement in, over and across Lot 7 of Tschirgi and Schwind Subdivision in the City of Dubuque, Iowa. Tbe Engineering Department bas investigated the existing easement grant, filed for record August 22, 1931, and have agreed tbat tbe recorded easement does not neces. sarily serve our purpose. We suggest a new grant of ease- ment in perpetuity from the date hereof, delineating a specific, 78 Regular Session, February 4, 1974 dimensional right-of-way and ease- ment througb, under and across Lot 1 of Tschirgi and Schwind Subdivision as shown on attached plat marked Exhibit "A". We have also attached proposed Ordinance vacating existiog ease- ment and accepting a new ease- ment that Michael McCarthy has sigued and notarized. Gilbert D Chavenelle City Månager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundb. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. ORDINANCE NO. 11.74 An Ordinance vacating a per. petual right of easement, in, ovar and across Lot 7 of Tschirgi & Schwind Subdivision 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. Sec- ondedhy Councilman Stackis. Car. ried by tbe following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Mayor Thoms moved that the rule requiriog an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Jnstmann, Lundh, Staclds. Nays-None. ORDINANCE NO. 11.74 O"lin""" "c"ing a p'<petual ,ight of ""mont, in, over ",d acrooa, Lot 7 of T,chi'gi & Schwind Subdivi,ion in th, City of Duhuqu" Ion WHEREAS, Michaal D. McCatthy h.. p'tition,d ch, Cicy Council fo' ,h, vaca- tion of Gtant of E..=,n" £il,d fo, ",o,d Aug"'t 22, 1931 in Book TL 100, page 632, in, om and """, Lot 7 of T,chi'gi & Schwind Suhdivi.ion in th, City of Duhuq.., Iowa; and WHEREAS, th, own" of th, "a! ,,- tate, Lot 7 of Tachi'gi & Schwind Sub. divi,ion, hay' c"""n"d to ",""u" a n,w Gr",r of E..=onr in p"""nity from th, da" h"eof, d,linaatins a 'p,cific, dimen,ional tight-of-way aud e..=,nt through, nod", and "to" th, above -.. lillll¡¡¡..._"....",,_......."",_w',~ d""ibed ",I """ ,itumd in th, City of Dubuqu" 10"', .. ,hown on at"ch,d pi", matk,d "Exhihit A", ov<t an e"",. ing poblic ,co'm "w" of th, City of Dubuqu" Iowa; ",d WHEREAS, ,he City of Dubuqu, En. gin"ting D'Patcmen' h.. racomm'nd,d approval of vacnion of G,"'t of E..c. menc m,d for racord Ausu" 22, 1931, in Book TL 100, pag' 632, rondition,d upon th, mcOtion of a n,w Gtant of E"'m'nr and filing of ,=, for racord. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. That th, "",cing Gtanc of Emm'nc £il,d for racord Augu" 22, 1931, in Book TL 100 page 632, ia hm- hy v"a"d, .ubi"c, how,v", co r"ma. cion, "cantion and filing for racord a new Gtant of E..=,nt, in p"p"nity from th, da" h"",f, through, nod" and """, Lot 7 of T,chitgi & Schwind Sub. diviaion in the City of Dubuque, Iowa, om an c",cing public ,corm "wac of th, City of Duhuqu" Iowa, which eo". mont ia mown on a"'chad map, matk,d "Exhibit A", by rd""", made a pan h"",f. P.."d, adoptad ",d app,ovad thi, 4th day of F,bruaty 1974. All", T. Th=, Mayor C. Robert J"'tmann J=" E. Budy Alvin E. Lundh Emil Stackia Conocilmon ATTEST, Leo F. Frommalt City CI"k Publi,h,d officially in th, Tal'gtaph H"a!d N,w'pap" thia 7th day of F,b. ruaty, 1974. Leo F. Fromm,lt City Cl"k It. 2-7. Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Jnstmann, Lundb, Stackis. Nays-None. Petition of Les Gardner, Service & Fraternal Inc., requesting per- mission to address the Council rel- ative to the status of Cornerstone, presented and read. Councilman Brady moved that the rules be snspended in order to let anyone present address tbe Council if they so desire. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Lundb, Stackis. Nays-None. Regular Session, February 4, 1974 79 Mr. Ken Stroud presented tbe Council with a report entitled "Where Cornerslone is Now". He expressed concern about the fifty people per month that they are presently dealing with. Corner. stone will he closed to July 1st. The reasons for closing involve everything from past management problems to current lack to train. ing for most of the staff. Councilman Stackis moved that the matter be referred to the Man- ager and to consult with Youth Services. Seconded by Councilman Jnstmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmsnn, Lundh, I Stackis. Nays-None. Petition of Donald L. Jecklin et al (21 signers) as members of the Board of Directors of the Missis- sippi Valley Milk Producers Ass'n. objecting to tbe location of the land fill site at the Dubuque Coun. ty Home, presented and read. May- or Thoms moved that the Petition be referred to the Engineering Department. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Tboms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Rex Brammer adviaiog that .they will not con. ~~~~e~~n:~ l~kth~e~tYs&~~~er:. I yond the present lease year ending February 29, 1974, .presented and read. Councilman Stackis moved that the communication be re- ceived and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Lundb, Stackis. Nays-None. RESOLUTION NO. 40-74 WHEREAS, Brammers, Inc. bas given written notice dated Jan. uary 26, 1974 that they will no longer rent the property adjacent ~ ~e b~~~nî~hi~~ i:f d¿,~r~~~ I of Summitt Place in the City of Dubuque, Dubuque County, Iowa; and WHEREAS, the CIty Council of the CIty of Dubuque, Iowa deems said notice to be a Notice of Ter- mination of Lease and said ter- mination of lease is hereby ap- proved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 10. WA: Section 1. That the Nolice of Termination of Lease, dated Jan- uary 26, 1974, by Branuners, Inc. termioating the Lease Agreement dated the 4th day of March 1960 be and the same is bereby ap- proved and said lease be and the same is hereby cancelled and held for naught effective February 28, 1974. Passed, approved and adopted this 4th day of February, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaYS-None. January 31, 1974 Honorable Mayor and City Council The staff has held preliminary discussions with representatives of the Soil Conservation Service of the United States Department of Agriculture in regard to engineer. ing iovestigation of drainage prob- lems in the western area of the CIty, The Soil Conservation Service is willing to provide technical assist- ance to the CIty on this matter, without cost, but cannot do so without an official request from the CIty Council. I have attacbed a resolution for this purpose, and recommend that it be favorably considered. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the fOllowing vote: 80 Regular Session, February 4, 1974 Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 41.74 A Resolution requesting technical _istance from the Soli Co.... servatlon Service, U.S.D.A., for In_tigatlng and planning car. taln soli and water conservation foeilltl.. In the watenhod of tho North Branch of the Catfish Creek WHEREAS, tbe City Council of I the City of Dubuque, Iowa, has a concern for the proper nse and. development of soil and water re- sources; and WHEREAS, the City Council of the City of Dubuque, Iowa is aware that urban development is pro- ceediog within tile watershed area of the North Branch of the Catfish Creek; and WHEREAS, such urban develop- ment has produced changes in the characteristics of storm water run- off and soil stability; and WHEREAS, the changed char- acteristics of water and soil re- source nse may produce detrimen- tal results in terms of soil erosion and periodic flooding of certain areas; and WHEREAS, it has been deter. mioed that certain measures, fa- cilities and installations may have potential application to the relief of soil and water management problems; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I, That the Soil Conser- vation Service of the United States Department of Agriculture be and the same is hereby respectfully re- quested to render technical assist- ance including but not limited to: a) Assistance in the iovestiga- tion of soil and water re- source characteristics in the watershed of the Nor t h Branch of the Catfish Creek. b) Assistance in a study of the feasibility of various meas- ures of soli and water re- source management in the North Branch Catfish Creek. c) An investigation of sub-sur- face soil formations and char- acteristics relative to certain water .management structures and facilities. _. - . - -". - - -"""'--'+""""."-' Section 2. That the foregoing Resolution has heretofore been ap- proved by the City of Dubuque Planning and Zoning Commission. Passed, approved and adopted, this 4th day of February, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundb Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Staclds. Nays-None. RESOLUTION NO. 42.74 WHEREAS, City of Dubuque, Iowa and Dubuque Lumber Co. have entered into a proposed writ- ten agreement for the use of the northerlymost building of the Na. val Reserve building complex on a month to month basis; and WHEREAS, the terms of said agreement have been resolved and reduced to writing and said agree- menthas been executed by the Dubuque Lumber Co. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Section I. That the agreement between City of Dubuque, Iowa and Dubuque Lumber Co., dated Feb- ruary 6, 1974, leasing a portion of the Naval Reserve building com- plex be and the same is bereby approved and tbe Mayor and City Clerk be and they are hereby au. thorlzed and directed to execute the same on bebalf of the City of Dubuque, Iowa. Passed, approved and adopted this 4th day of February, 1974. Allan T. Thoms Mayor C. Robert Jnstmann Alvin E. Lundh Emil Stackis James E. Brady City Councilmen Attest: Leo F. Frommelt City Clerk Regular Session, February 4, 1974 81 Councilman Stackis moved adop- tion of the resolution. Seconded bY Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION WHEREAS, the Recreation Com- mission of the City of Dubuque, I<IW8 bas presentations to the City Council relatiog to the erection and construction of an enclosed swtmmtng pool and ice-rink pro- posed to be located at Veterans Memorial Park in the City of Du- buque, Iowa; and WHEREAS, it is proposed that said facility to be constructed be fioanced by the issuance of $1,- 8IiO,000 general obligation bonds; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 10. WA: . Section I. That the City Council does hereby direct the City At- torney to prepare the necessary proceedings for presentation to the Council to consider the matter of constructing, erecting and financ- iog of an enclosed swimming pool and ice skating rink at Veteran's Memorial Park io the City of Du- buque, Iowa and to fioance the same by issuing $1,650,000.00 Gen. eral Obligation Bonds to pay for the cost of same. Passed, adopted and approved this ....,... day of February, 1974. Councilman Stackis moved adop- tion of the resolution. Motion died for lack of a second. Councilman Brady moved this matter be indefinitely postponed. Seconded by Mayor Thoms. No roll call taken after considerable dis- cussion. Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thoms. Vote on tbe mo- tion was as follows: Yeas-Councilman Stackis. Nays- Mayor Thoms, Council- men Brady, Jnstmann, Lundb. RESOLUTION NO. 43-74 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with tbe 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. Desigu Center Inc., dba Julien Mo- tor Inn, 200 Main Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 4th day of February 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundb, Stackis; Nay~uncilman Jnstmann. RESOLUTION NO. 44-74 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 followiog applications be grant- ed and permits issued upon the compliance with the terms of the ordinances of the City. CLASS "C" BEER PERMIT Thompson's Food Markets, Inc., dba Oky Doky Foods, #11, 2119 Rhomberg Ave. Lucky Stores, Inc., dba May's Drug Store, #204, 3049 Asbury St. Lucky Stores, Inc., dba Eagle Støre #144, 3033 Asbury St. Lucky Stores, Inc., dba Eagle Store #130, IS00 Elm St. Passed, adopted and approved this 4th day of February 1974. Allan T. Thoms Mayor C. Ro.bert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: 82 Regular Session, February 4, 1974 Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 45-74 WHEREAS, applications for Beer Permits were filed by the within named applicants and tbey have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and. found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of !be City of Dubuque, Iowa, that the manager be author!led to cause to be Issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMtTS Thompaon's Food Markets, Inc., dha Oky Doky Foods. #11, 2119 Rhomberg Ave. Lucky Stores, Inc., dba May's Drug Store #204, 3M9 Asbury St. Lucky Stores, Inc., dba Eagle Store #144, 3033 Asbury St. Lucky Stores, Inc., dba Eagle store #130, 1800 Elm St. passed, adopted and approved this 4th day of February 1974. Allan T. Thoms Mayor C. Robert Jnstmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor'Thoms moved adoption of the resolution. Seconded byCoun- cilman Stack!s. Carried by the fol. lowing vote: yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 46-74 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examioed, 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 -. '-""""';¡¡;;,","""-+"""4>'~~'~'~, 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 Gerald C. Kirchberg, dba, Bottle stop Lounge, 3203 Jackson SI. John R. Hirsch, dba, Lorraine's, 206 West Third St. Robert J. Karr, dba, Bridge Res- taurant and Lounge, 35 Locust Street (Aiso Sunday Sales) Passed, adopted and approved tbis 4tb day of February 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin Eo Luudb Emil Stackis Jounes E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun. cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundb, Stackis. Nays - None. RESOLUTION NO. 47.74 WHEREAS, applications for Liq- our 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 sucb applicants were iospected 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 tbe City Council of Dubuque, Iowa, that the Manager be autborized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Gerald C. Kirchberg, dba, Bottle Stop Lounge, 3203 Jackson SI. John R. Hirsch, dba, Lorraine's, 206 West Third St. Robert J. Karr, dba, Bridge Res- taurant and Lounge, 35 Locust St. . (Also Sunday Sales) Regular Session, February 4, 1974 Passed, adopted and approved t/II8 4th day of February 1974. Allan T. Tboms Mayor C. Robert Justmann Alvin E. Lundb Emil Stackis James E. Brady Conncilmen 83 Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun. cilman Stackis. Carried by the fol. lowiog vote: Yeas - Mayor Thoms, Council- men Brady, Jnstroann, Lundb, Stackis. Nays - None. Mr. B. J. Weber, coach of the rugby club, addressed the Council by requesting tbe acquisition of a playing field for their particular sport. Councilman Justmann moved thet the request of Mr. Weber be referred to tbe Council and staff. Seconded by Mayor Thoms. Car. ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays - None. I There being no furtber business Couucilman Justmann moved to adjourn. Seconded by Councilman Stackis. Carried by the following vote: , Yeas - Mayor Thoms, Council- I men Brady, Justmann, Lundb, Stackis. Nays-Nooe. Leo F. Frommelt City Clerk Approved Adopled 1974 1974 ............................................................ Councilmen Attest: ................................................ City Clerk - ~..~,_.., 84 Special Session, February 11,1974 CITY COUNCIL OFFICIAL Special Session, February 1\, 1974. Council mat at 7:30 P.M. (C.D.T.) Present - Mayor Thoms, Coun- cilmen Brady, Justmann, Lundhe, Stackis. City Manager Gilbert D. ChaveneUe. Mayor Thoms read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of ACTING UPON A RESOLUTION AUTHORIZING THE SALE, IS- I SUANCE, AND DELIVERY OF PROJECT NOTES IN THE AG- GREGATE PRINCIPAL AMOUNT OF $1,565,000 AND THE EXECU- TION OF REQUISITION AGREE. MENT NO. 1-74, IN CONNECTION WITH PROJECT IOWA R-15 and acting upon such other business as may properly come before a reg. ular meeting of the Council. Mr. Harold Moldt Jr. presented the Mayor with a Big Ring in recognition of National Electrical Week. Being keenly cognizant of ~:rk~~eæt ~~s~an~~ ~~;d;h:~ I by doing it electrically. RESOLUTION NO. 48-74 WHEREAS, Leo N. Schueller, departed this life on the 6th day of February, 1974 after having served dutifully as a City Council. man and Mayor of the City of Dubuque, Iowa, and tbereafter having served as a member of the Board of Supervisors of Dubuque County, Iowa; and WHEREAS, Leo N. Scbueller, left a grieving spouse and devoted children surviving him and also I a host of friends, fellow workers and fellow public servants who were bound to him by his sin. cerity, loyalty, and simplicity. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tbe deatb of Leo N. Schueller has saddened this community that he served so un- selfiswyand so devotedly. Section 2. That the City Council does hereby speak out in condol. ences to the family and friends of Leo N. Schueller and expresses --,-,-, IL,flll...4"'!!~."'Ì'.""~"""'I""'"""~+"'~ the thanks and gratitude in mem- ory to the departed for his long and faithful service to this com. munity. Section 3. That the City Clerk be and he is hereby ordered to transmit a certified COpy hereof to the surviving sponse of the beloved departed. Passed, approved and adopted this 11th day of February 1974. Allan T. Thoms Mayor C. R.&bert Jnstmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Justmann. Carried by tbe following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. February 11, 19'14 Honorable Mayor and City Council Former mayor Clarence P. Welu came to the office this morning, and on behalf of the family of Leo N. Schueller requested that mention be made at council meet- ing of the appreciation of the family for the attention and af. fection given them by the officials and staff of the city. Gilbert D. Chavenelle City Manager Councilman Stackis moved that tbe communication be received and filed. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 49-74 wHEREAS, William J. O'Brien, for years a deputy City Clerk of the City of Dubuque, Iowa, de- parted this life on the 6tb day of Fehruary, 1974; and WHEREAS, William J. O'Brien left a rich 'and monumental legacy for those comiog after him by reason of his gentleness and nobility of spirit marked by his unquenchable desire to spread Special Session, February 11, 1974 love and sympathy among the less fortunate of his brethren; and WHEREAS, Willi.am J. O'Brien during his lifetime devoted a ma- jor portion of his life in sharing the joyous exuberance of the ill on their way to recovery; he was a source of strength and courage to those who had an intimate and constant acquaintance with paio and he was a glitteriog ligbt to those travelling the long journey into eternal nigbt. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of tbe City of Dubuque, Iowa, speak- ing for and on behaif of the io- babitants of this community does hereby publicly proclaim the deep sense of community loss at the passing of William J. O'Brien and does hereby publicly proclaim that tbis departed truly was a lover of humanity. His exemplary life was living proof of the fact that true love lies io giving and he gave of this without stint or without thought of recompense. Truly, he was a leading citizen who built magnificent edifices in tbe hearts of men. In the words of David Fyten in Sunday's Telegrapb- I Herald, "Bill O'Brien will be missed. Jnst ask any patient in any ward at any hospital today, tomorrow night and the nigbt after tbat." Section 2. Let tbe City Clerk affix the great seal of the City of Dubuque hereto, spread a copy hereof upon tbe permanent rec- ords of his office and transmit a certified copy bereof to the sur- viving members of the departed's family. Passed, approved and adopted this 11th day of February, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis Jalnes E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun. cilman Lundh. Carried by the fol- lowiog vote: 85 Yeas - Mayor Tboms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Communication of N.E. Iowa Crime Commission requesting the selection of an elected official as a primary elected representative to the Board, presented and read. Councilman Lundh moved that Councilman Emil Stackis be the designate and furtber allow the Commission to appoint the alter. nate. Seconded by Mayor Thoms. Carried by the followiog vote: Yeas - Mayor Thoms, Council. men Brady, Justmaun, Lundh, Stackis. Nays - None. Communication of Dubuque Dock Commission submitting mio. utes of tbeir meetings of January 24th and 28th, presented for the record. Mayor Thoms moved that the minutes be received and filed. Seconded by Councilman Brady. Carried by the followiog vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Dubuque In- dustrial Bureau proposing that a special ad hoc committee .be named by the Council or theMa- yor's Industrial Committee be ex. panded to deliberate on tbe feasi. bility of a specific recommenda. tion for a second municipal indus. trial park, presented and read. Ma. yor Thoms moved that the COm- munication be referred to tbe Council meeting scheduled for February 18th. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmaun, Lundh, Stackis. Nays-None. February 7, 1974 To the Honorable Mayor and Members of the City Council In accordance witb tbe pro- visions of Chapter 365 of the 1973 Code of Iowa, as amended, the Civil Service Commission conduct- ed entrance examinations for ap- plicants seeking positions on the Police Department. The following named applicant bas passed both the written and physical examination and is hereby 86 Special Session, February 11, 1974 February 7, 1974 certified for appointment to the Police Department. Joseph J. Welsh 70% G. B. Noonan Chairman Marvin A. VanSickle Civil Service Commission 70% Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 8th day of February, 1974. Violet Savary Notary Public Mayor Tboms moved tbat the communication be received and made a matter of record. Seconded by Councilman Stackis. Carried by the followiog vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. February 7, 1974 To the Honorable Mayor and Members of the City Council In accordance with the pro- visions of Chapter 365 of the 1973 Code of Iowa, as amended, tbe Civil Service Commission conduct- ed entrance examinations for ap- plicants seeking positions on the Fire Department. The following named applicants have passed both the written and physical examinations and are hereby certified for appointment to tbe Fire Department. Hanten, Ronald J. Weiss, Neill E. Mohr, David W. Carroll, Dennis J. G. B. Noonan Chairman Marvio A. VanSickle Civil Service Commission 78% 77% 71% 70% Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 8th day of February, 1974. Violet Savary Notary Public Mayor Thoms moved that tbe communication be received and made a matter of record. Seconded by Counct!man Lundb. Carried by the foIlowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. -~-_.~. ~~ -- -'~""'"-""""""""""""""'~ Honorable Mayor and City Council Enclosed find our 1973 Street Finance Report which includes all income and expenditures for street purposes. The first column contaios tbe entire Road Use Tax accounting which is generaIly split one.half to the street department for snow removal, road maintenance and street cleaning. The other one.half to the engioeering department for city share of new street construc- tion such as Grandview Avenue, University Avenue, Locust Street, Kaufmann Avenue and maioten. ance mats on local streets. Tbe second column consists of street fund accounts derived main- ly from property taxes, and assess- ments paid by residents witbin thirty days to the city treasurer. This fund pays for traffic ser. vices sucb as sigus and paiotiog, and a smaIl portion of street maintenance. Tbe engineering department handles the major portion of this fund under assessments on streets such as Grandview and the others mentioned above in column #1. The third column accounts for at! other funds contributing to a street.related expenditure. The total expenditure for street- related purposes this year is $2,824,460. This report also includes a park- iog report showing all parking in- come and expenses. Gilbert D. CbaveneIle City Manager Mayor Thoms moved that the communication be received and filed and the Clerk be authorized to sigu the report. Seconded by Councilman Lundb. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundb, Stackis. Nays - None. February 7, 1974 To the Honorable Mayor and Members of the City Council This is to advise that I have ap- proved the following policy and bond, and desire to have your ap- proval on same. Special Session, February 11, 1974 87 COMPREHENSIVE LIABILITY Dubuque Plumbing & Heating Co. et ai, Bituminous Casualty Corp. Policy No. MP 524027, 2-1-74 to 2-1-77. PUBLIC OFFICIAL BOND Romolo N. Russo, Western Surety Co. 3-1-74 to 3-1-75. Bond No. 5122316. Gilbert D. ChaveneIle City Manager Mayor Thoms moved filing ap- proval subject to approval of the City Attorney. Seconded by Coun- cilman Lundh. Carried by tbe fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. February 7, 1974 Honorable Mayor and City Council - Attached is a letter from Mrs. Heatbcote requestiog an additional $1,000.00 appropriation for Project Concern above the amount already budgeted. I have met with Mrs. Heathcote and talked to her about the prob- lem. I recommend tbat you favor- ably consider the request and authorize the city manager to make the payment. At a later time I will request a budget adjustment. Gilbert D. Chavenelle City Manager Councilman Lundb moved ap- proval of the request. Seconded by Councilman Stackis. Carried by the foIlowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of CNA Insur- ance submittiog supporting docu- ments for their subrogation claim of their client Cedar Rentals Inc., original notice considered at the Council meeting of January 24, 1974, presented and read. Mayor Thoms moved that the communi- cation be referred to the City At- torney. Seconded by Councilman Lundh. Carried by the foIlowiog vote: Yeas -Mayor Thoms, Counct!- men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of M. P. Hogan Inc. requesting release of County- City of Dubuque Autbority bond as issued by Merchants Mutual Bondiog Co., in lieu of new bond filed by Northwestern National Insurance Co., presented and read. Councilman Stackis moved that the Mayor be autborized to sigu the release and concurrence should be given by the County and referred to tbe City Solicitor. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis- Nays - None. February 1, 1974 Honorable Mayor and City Council On November 21, 1973, Robert S. Ruegnitz of 2117 Orcbard Drive filed claim against tbe CIty of Dubuque io the amount of $45.00 and claiming said damages oc- curred on November 20, 1973 as the reault of his left wheel strik. ing the edge of an excavation in the 3000 block of Kaufmann Ave- nue resulting io his. left tire to blowout and further alleging that the barricades had been removed from the street to the sidewalk and lawn. This matter was referred to the City Attorney who has made an iovestigation thereof and has se- cured payment for the claimant from the contraetor, and this mat- ter is closed at no expense to the City of Dubuque. Original claim is retuned here- with. R. N. Russo City Attorney Councilman Lundb moved ap- proval of the recommendation. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Jutsmann, Lundb, Slackis. Nays-None. Communication of Attorney Leo A. McCarthy, attorney for 'Du- buque Savings and Loan Ass'n., submitting an Ordinance and re- questing that permission be grant. ed to his client a revocalile permit to place stone veneer at..the north- east entrance which would extend 3" into the public walk and right 88 Special Session, February 11, 1974 of way, presented and read. Mayor Thoma moved that the communica- tion be received and filed. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoma, Council- men Brady, Justmann, Lundb, Stackis. Nays - None. ORDINANCE NO. 12-74 An Orellnance authorizing Du- buque Savings and Loan Associa- tion to construct st- veneer 3" into dty walk, presented and read. Mayor Thoma moved that the reading jnst had be considered the first reading of the Ordinance. Seconded by Councilman Just- mann. Carried by the following vote: Yeas - Mayor Thoms, Coundl- men Brady, Justmann, Lundb, Stackis. Nays-None. Mayor Thoma moved that the rule requiriogan Ordinance to be read on three separate days be wsived. Seconded by Councilman Jnstmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Lundb, Stackis Nays:.....None. ORDINANCE NO. 12-74 AN ORDINANCE AUTHORIZING DUBUQUE SAVINGS AND LOAN AS- SOCIATION TO CONSTRUCT STONE VENEER '" INTO CITY WALK. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. Th.. DUBUQUE SAV- INGS AND LOAN ASSOCIATION .. owno" of th. p"m..., known.. DU- BUQUE SAVINGS AND LOAN AS- SOCIATION BUILDING IN THE CITY OF DUBUQUE, IOWA, d..cribod .. the E...",ly 4! ft. of th. South",ly 62 ft. of Lot 172 in th. C;ty of Dobuquo, lowe, "co,ding to ,h. Un;"d SUt.. Com- nùnioøe,,' mep of th. ,umy of oh. Town of Dobuqoe, lowe, tog..h.. with eO ..een"n" eppurtenant th."to, bo, end th.y ". hmby g..n"d th. ,"'o"bl. peomio ,nd ,uthodty to conmucc end pie", ..ono ven..' on th. ou,,;d. w,n .. th. north.... ont,en'" of .úd building, which ..ono extend. ," Into pubHc w,lk ,nd tight of wey; und.. th. ""'" end cond;úono set fo"h in dUe O,d;nen",. SECTION 2. Th.. .uch con....ction ,holl be done ;n "co,den", w;th plen, hc"tofo" ,ubm;ttod by peomitt'" end 'pptOvod by City Men,..., und.. the ,..n III 111 11t."'."iI!."""-""-""'-"~" ~ ,upetVis;on end dl""tion of th. City Me..g.., end in "co,d"". with ,n ep- pH"bl. ..." end fodorel lew. end "g- uletiono, end the O,dlnenc.. of tho City of Dubuqno. SECTION ,. Th.. th. pe,mis,;on h",- in g,entod is exp""ly cond;twnod on peomit"" eg,....ent to, e) &,um. eny end en H,biHty fo, demeg.. to p",ono 0' ptOpetty which mey ",nit foom the .xinen", 10"- two, in"oIletion, conottnct;on 0' mún"nen" of ,úd ..on. ven..,ing; b) To p'y on behelf of th. City of Dnbuqno en .nnu wh;ch the City of Dobuqno .hen become obllge"d to pey by".... of th. H,b;Hty Unpo..d npun th. City of Dubnqno fo' dem- 'g" of eny kind ,..nlting foom the I",etion, inouneúon, .xinen"" con- muct;on 0' mein"nen", of .úd "ono ven..ting ,umined by eny p",on 0' pe'son', ",used by ",ident 0' oth... wise, to d.fend .. ;" own expense eod on behelf of ,úd City eoy de;m egoinst th. City of Dubuque eming out of th. I",etion, ;nounetion, ex. I,"n", coom..- 0' me;,mn,n" of 'úd ,tono ven..,wg eod to p'y ""onebl. ..to...y f", th",fo,; cJ To Indemnify end hold City of Dubuqu. f,.. end hUt.I.., from 'ny end en dúm., lno" H,bll;ty end ex. P"'" fo, injud.. to tM,d pe'soo, or den"g.. to ptOpetty of tMrd per. sons, or fo, dem'g. to eny ptOP"'y of City of Dubuque wh;ch mey "'- cu' .. e r..ult of 0' in conn«tion with the lo",ion, w...n..ion, con. muction, meinten,n" end "poi, of the f"iHty, work or UnptOvement permitted h",ln. SECTION 4. Th.. tho perm;,,;on h",. ;n grented is expr"sly conditioned upon pe,mitt... furth.. eg'"mont th.. ,hould the ,ighc end pr;vilog. h..ein s..nted bo roocindod or "voked by the City Coundl, pe,m;tt"', or theIr ,nc,,'so" ;n in.....c, .. own", of the ebutt;ng ptOp- "'y, ,h,n wIthin ton (10) dey' 0' ,uch ,dd;tionel tUn. .. mey be n«.."'y, w;th- ;n the judgment of th. City Men'g", bot not to m..d thirty (30) dey', eft.. ,«elpt of written noti" from th. C;ty M,n'g.., '0 to do, .. thelr own ex"""., "move "Id "ono "no.ring, end in tho mnt of tho;, filln" eo to do, th. City of Dubuqno shell b. euthoriud to ". mo" .úd ..on. ven..ring, .. p..m;tt'" expense end dispose of the "me, end the peomitt... shell hm no dúm egoinst the City 0' I" egen" for deme.., ". ,nlt;ng from th. removel of ,,;d .tone v_ring. SECTION S. P..mirt.., covenent end 'gr.. th.. the r"""ebl. peomit h...in s..n"d does not con"itu" en epprovol of the d";gn, ..«tion, I",..wn, con"...- tion, "púr or meintenenc. of ,,;d bcmty end .úd peomitt.. h",by covenen" ,nd eg"" not to ...'" ,..h dúm or do- Special Session, February 11, 1974 89 i- egoinst th. C;ty of Dobnqo. ;n the event of dum """od for pe,sonel inj..n.. end-or property d""ege ege;nst the peomittee eriúng out of or In eny wey conD<c"d wIth the lo"';on, ;n...n,- doa, const..ction, d..;gn, "pe;r end meint...." of the f,dlity h",in per- mitttd. SECTION 6. Thl. Ordinen" ,h,n b.. ..... .ff«ti" end th. righ" h",und.. "",rue to Dubuqu. Seving, end Lo'n "-"rion or I" .u....,o, in Inter"t whon this Ordlnen", h.. been edoptod by the City Council end the ""'" end con<Iidon' th....f e"'ptod by permitt'" by ""'Pun.. endonod on this Ord;nen... Pen"¡, epprovod end edop"d thl, 11 th I dey of Febcu"" 1974. Allen T. Thom, Meyor C. Roben In,,menn Jem.. E. B..dy Alvin E. Lundh Emil Suckl, Conndlm.n ArrnsT, Leo F. Fromm.lt City Clerk ACCEPTANCE OF ORDINANCE NO. 12-7< Th. underslstied hevlng rood end bo- ing femili" with the term, end condi. cion, of Ordinen.. No. 12-74 hmby, for themselves, thelr 'u....so.. or ",Isn', .. own... of the ebntring property, ". copt th. 'em. end esr.. to be bonnd by th. condlúons end egr""'n" th..eln conteinod to be performed by perm;tt.... D..od Feb...", lJ, 197< Dubuqu. Sevlng. end 1.oen Anod"ion BY, C. J. Buelow Presld.nt PubH,hod officielly in the T.I.g..ph H",ld N."'peper tb;, 19th dey of F.b. cue"" 1974. Leo F. FtOmm.1t C;ty CI..k It. 2-19. Mayor Tboms 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 Richard J. Bower re- questing a refund of $422.50 on the unexpired POrtion of heer-liq- Uor license No. C-5527, as he has discontinued bnsiness on Decem- ber 20, 1973, presented and read. Councilman Justmann moved that the refund be granted and tbe Auditor instructed to issue proper warrant. Seconded by Mayor Thoma. Carried by the following vote: Yeas - MaYOr Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Petition of Thomas D. " Helen C. Waish requesting that the W. 126' of Lot 1 of Summil Place (Brammers) be held for a play area, presented and read. Councilmsn Jnstmann moved that the rules be suspended in ""derto let anyone present ad- dress the Council if they so desire. Seconded by Councilman Brady, Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, JUstmann, Lundb, Stackis. Nays-None. Mr. Thos. WaIgh spoke in behalf of his petition. Mayor Thoma moved that the petition be referred to the City Manager. Seconded by Councilman Jnstmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays---None. Petition of Terry Stewart of 741'h W. 3rd Street requesting ap- pointment to the Youth Services Board, presented and read. Mayor Thoms moved that the petition be referred to the Youth Services Board. Seconded by Councilmsn Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Lundh, Stackis. NaYS-None. Petition of Francis O'Connor, as attorney for Sisters of Charity B.V.M., requesting rezoniog of the Sty. 500' of .the Sisters property at Mount Carmel be rezoned to permit multiple housiog Or mul- tiple housing under a planned unit development, presented and read. Mayor Thoms moved that the petition be referred to the Plan- niog " Zoning Commission. Sec- ondedby Councilman Lundb. Car- ried by the fOllowing vote: Yeas - Mayor Thomas, Council- men Brady, Jnstmann, Lundh, Stackis. Nays-None. Petition of United Spanish Amer- ican War Veterans, Gen. Fitzhugh Auxiliary requesting permission to conduct a tag day on. the last Sat. 00 Special Session, February 11, 1974 urelay in April, presented and read. Counctlman Stackls moved that the petition be granted and referred to the City Manager. Sec- onded by Mayor ThOlUS. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmanu, Lundh, Stackis. Nays-None. Petition of David L. Clemens, attorney for CW Enterprises re- questing permission to address the Council for re-nego!iation of a proposed grant of revocable per- mit for DeLuxe Cottage Court, pre.. _ted and read. Mayor Thoms moved that the petition be tabled until the Council meeting of Feb- ruary 18, 1974. Seconded by Coun. cilman Brady. Carried by the fol. lowiog ""te: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. RESOLUTION NO. 50-74 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, com- posed of Joseph J. Bitter, then Mayor, Wfiliam McEllbiney, Chair- man of the Dock Board, and Rob- ert E. Dorothy, Manager of Du- buque Industrial Bureau, recom- mended on December 10, 1973 to the City Council of the City of Dubuque, Iowa that the appIica- I tion to purchase certain city. owned real estate by American Optical Corporation for the pur- pose of constructing and erecting thereon a building contaioing at least 10,000 square feet be ap. proved, and thereafter on the 11th day of February, 1974, said recom- mendation was concurred io by Allan Thoms, Mayor of the City of Dubuque, Iowa; and WHEREAS, City Council of the City of Dubuque, Iowa has ex- amioed said application and said recommendation by the MAYOR'S INDUSTRIAL COMMITTEE and find that tlte sale of said real es- tate should be approved; and WHEREAS, said real estate sought to be purchased by Ameri- can Optical Corporation is de- scribed and known as: Lot 2 of the Subdivision of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Block 5 of "River Front SUb- division No. a" and Lot 2 of Lot "A" of Lot 2 of Lot 2 of -, -- . !I,...."""8""'.""""="".~'-" Lot 1 of Block 5 of "River Front Subdivision No.3" all io the City of Dubuque, Iowa NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the application of American Optical Corporation to purchase a parcel of city. owned real estate in the City of Dubuque, Iowa whicb real estate is described and known as: Lot 2 of the Subdivision of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Block 5 of "River Front Sub- division No.3" and Lot 2 of Lot "A" of Lot 2 of Lot 2 of Lot 1 of Block 5 of "River Front Subdivision No 3" all in the City of Dubuque, Iowa be and tbe same is bereby ap- proved upon the followiog terms and condtions:, 1. That the said real estate be sold to American Optical Cor- poration for the construction and erection thereon of a new building containing at least 10,000 square feet. 2. That the sale price for said real estate shall be Ten Thou. sand Eight Hundred Ninety (10,890'()(}) Dollars and the receipt of ten (10%) percent of which as down payment is herewith acknowledged by the City. 3. That construction of said .buildiog shall be commenced within one (1) year of adop- tion and the passage of this Resolution and shall be com- pleted within two (2) years of delivery of deed and upon failure so to do or failure to make improvements to the land within one (1) year by tbe American Optical Cor. poration, purchaser, then said real estate shall automatically revert to the City of Du- buque, Iowa and purchase price, less damage, shall be refunded to tbe purchaser. 4. That the construction of all buildings, yards, parkiog lots, fences and ancillary improve. ments shall be constructed in conformance with existing City codes, and manufactur- ing process carried out in accord with CIty ordinances. 5. That the City of Dubuque, Iowa retains a perpetual ease- Special Session, February 11, 1974 ment for exiBting waterlines, existing sanitary sewer and storm sewer lines and for utilIties, together with right of ingress and egress to re- pair, inspect and maintain the same. 6. That all utilIties and services to proposed ,buildings sball be connected at buyer's ex- pense. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of in- tent to dispose of interest in real estate' as is 'by law required. Passed, approved and adopted this 11th day of February 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundb EmiIStackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Justmann. Carried by tbe following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Staekis. Nays-None. RESOLUTION NO. 51.74 WHEREAS, the City Council of the City of Dubuque, Iowa has for many years recognized the right of its employees to voluntarity elect to be collectively represented by various employee organizations, and WHEREAS, tbe City Council of :e c~Zr 1d=~~~'i1v~~~~:~~~ I negotiate and ioclude in the budget development terms of agreements affecting wages, hours and other working conditions arrived at through a collective bargaining process, and WHEREAS, ,this collective bar- gaioing process resulted in bene- fits to the employees of the City of Dubuque, Iowa, the citizens they serve, and WHEREAS, this collective bar- gaining process has minimized the possibilIty of interruption of serv- ice to the community, and 91 WHEREAS, the orderly process of government has been enhanced and strengthened by this recogni. tion of individual rigbts to collec- tivebargaining, and WHEREAS, the Senate of the 64th General Assembly enacted a Public Employment Relations Act, and WIIEREAs, the House of Repre. sentatives of the 65th General As. sembly will 'be considering enact. ment of this bill, Senate File 531. NOW THEREFoRE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That it be made known to all interested persons and in particular to the Iowa House of Representatives that the en.actment of a Public Employment Rela. tions Act should be a top priority order of bnsiness of said House of Representatives. Section 2. That a Public Employ- ment Relations Act is in the best interests of all persons residing in this State. Section 3. That it be made known to the Iowa House of Representa. tives and other interested persons, Ihat the City of Dubuque does sup- POrt Senate File 531 in its present form, and recommends that tbe said Honse of Representatives pass the bill in substantially that form. PasSed, adopted and approved this 11th day of February, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution as amended. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. January 31, 1974 To the Honorable Mayor and City Council I hereby submit the attached sheets No.1 to 3 inclusive Showing a schedule of the proposed valua- tion and assessments for !be con. 92 Special Session, February 11, 1974 struction of the Century Drive and Bies Drive 8" sanitary sewer. John L. White, P.E. City Engineer Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by tbe following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 52.74 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the attached sheets No.1 to 3, inclusive, are hereby determined to be the sched- ule of proposed assessments and valuations for the Century Drive and !lies Drive 8" sanitary sewer as set out therein, are hereby ap- proved. Passed, adopted and approved this 11th day of February 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Staclda James E. Brady Councilmen A'ITEST: Leo F. Frommelt City Clerk Mayor Thoms moyed adoption of the resolution. Seconded by Coun. cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 53.74 Preliminary approval of propos- ed plans, specifications, form of contract, plat sod all otber docu- ments for the construction of the Century Drive & Bies Drive 8 inch sanitary sewer, at an estimated cost of $50,831.79, presented and read. Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. --, . ~!_[II'!IIJI"..!I!.,*,"""""."""""",,~,,~,,~ (Necessity for Improvement) RESOLUTION NO. 54-74 WHEREAS, proposed plans specifications, form of contract: plat and schedule have been duly prepared sod approved by the City Council of .the City of Dubuque and are now on file in tbe office of the City Clerk showing among otber things the following: 1. The size and kind of sewers. 2. Each lot proposed to be as- sessed together with a valuation fixed by the council. 3. An estimate of the cost of the proposed improvement, statiog the same for each different type of construction and kind of material to ¡be used. 4. In each case the amount there- of which is estimated to be assess- ed against each lot, for the CEN- ::;"s~Y& ~~RIVE 8 BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution bave on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by ,the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve. ment will be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Sewer Bonds shall be issued and sold in anticipa- tion of deferred payments of as- sessments wben a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion Special Session, February 11, 1974 93 of any street or assessment district shall be assessed to and paid by the railway company. Tbe above resolution was intro- duced, approved and ordered plac. ed on file with ,the City Clerk this 11th day of February, 1974. Approved and placed on file for final action. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Slackis James E. Brady Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Thoms moved approval of the resolution. Seconded by Coun- cilman Stackis. Carried by tbe fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. (Fixing date of hearing) RESOLUTION NO. 55-74 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 53-74 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same On file in the office of the City Clerk for public inspection, for the CENT- URY DRIVE & BIES DRIVE 8 inch SANITARY SEWER and, WHEREAS, the proposed Resolu. tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 11th day of March, 1974, a public hearing will be beld at 7:30 o'clock P.M. CDT io the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the :1 proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear. iog to be published in some news. paper publisbed in the city of Du- buque, the last of whicb shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolu. tion have on file witb tbe Clerk objections to the amount of the proposed assessment, they sball have been deemed to have waived all objections thereto, at which hearing the Council will bear sucb objections and enter on record its final decision thereon. Passed, adopted and approved this nth day of February, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of tbe resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundb, Stockis. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Sale of project Notes in the amount of $1,565,000, first series 1974, Matur. ity June 21, 1974, Urban Renewal project, presented and read. No written objections were filed and no oral objectors were present at the time set for the public hear. ing. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Council. man Brady. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council. men Brady Justmann, Lundh, Stackis. ' Nays - None. RESOLUTION NO. 56-74 Authorizing the ..,Ie, issuance and delivery of project notes in the aggregate principal amóunt of $1,565.000 and tho execution of requisition agreement No. 4- 73 In connection with the down- town urban renewal project, No. Iowa R.15 WHEREAS, the City of Dubuque (herein called the "Local Issuing 94 Special Session, February 11, 1974 Agency") has entered into one or nwre contracts (which, together with any supplements thereto or amendments or waivers of any pro- visions thereof, are herein called the "Contract") with the United States of America (berein called the "Government") providiog for a loan by the Government to the Local Issuing Agency for financing the urban renewal, lowrent hous- ing or redevelopment project (s) described in the Contract and here- in called the "Project"; and WHEREAS, pursuant to adver- tisement for the receipt of pro- posals for the purchase of the First Series 1974 of Project Notes (here- in sometimes called "New Project Notes") of the Local Issuing Agen. cy aggregating $1,565,000, which appeared in a Notice of Sale pub- lished on January 22, 1974, and January 29, 1974, in The Telegraph Herald in the City of Dubuque, Iowa, and in The Daily Bond Buy. er in tbe City of New York, New York, proposals for the purchase of tbe New Project Notes in the form approved by the Local issu- ing Agency were received, opened, and canvassed at tbe time and place mentioned in said advertise- ment, to wit: at Council Cbambers, City Hall, 13th and Iowa in the City of Dubuque, Iowa 52001 at one o'clock P.M. E.D.S.T. on Febru- ary 5, 1974, which proposals are as follows: Name of Blcldec, Interest Rate, Principel Amount, Premium Continental llIinois National Bank and Trust Company of Chicago, 4.08%, $150,000, $0.00 First National City Bank of New York, 4.10%, $1,415,000, $36.17 Bank of America N.T. & S.A. Bank- ers Trust Company, 4.12%, $1,565,000, $42.00 Chemical Bank, New York, New York, 4.15%, $1,565,000, $9.00 Salomon Brothers Morgan Guaran- ty Trust Co. of New York, 4.18%, $1,565,000, $42.00 NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: SectIon 1. The aforesaid publica- tion of the Notice of Sale and the form and contents tbereof as so published are hereby, In all re- spects, approved, ratified and con. firmed. Section 2. In order to provide funds to pay expenses Incurred or - -- -~--- _"."f""_-"-"_4"~-."--4-- to .be incurred in the development of the Project, or to refund, renew or extend its outstanding Notes issued in connection tberewitb, the Local Issuing Agency hereby deter- mines to borrow tbe sum of One Million Five Hundred Sixty-five Thousand Dollars ($1,565,000) and issue its negotiable Project Notes therefor. Section 3. The Local Issuing Ag. ency hereby ratifies and approves the form of each proposal berein- after in this Section 3 enumerated for the purchase of the designated principal anwunt of Notes and determines that each such proposal offers to purchase such Notes at the lowest ioterest rate and is therefore accepted, and said Notes are hereby awarded to the purchas. er, as follows: pr~uc~..~mount, Ifterest Rate, $150,000, 4.08%, Contioental llIi- nois National Bank and Trust Company of Chicago $1,415,000, 4.10%, First National City Bank of New York Section 4. Each Note shall be dated March 5, 1974, shall be pay- able as to both principal and inter- est to bearer, on June 21, 1974, and, pursuant to each proposal for the purcbase of said Notes herein- above accepted, shall bear the rate of interest per annum, payable at maturity; shall bear the numbers and be in the denominations; and shall be paYAble as to both princi- pal and interest at the incorporated bank having trust powers or in- corporated trust company, as fol. lows: Purc_r, Numbers, Denomina. tions, Interest Rate, Payable At Continental Illinois National Bank and Trust Company of Chicago, 1-3, $50,000, 4.08%, Continental llIinois National Bank and Trust Company of Chicago First National City Bank of New York, 4-59, $25,000, 60-62, $5,000, 4.10%, First National City Bank of New York None of such Notes shall be valid until after the bank or trust com. pany at which it is payable shall have sigoed the agreement, appear- ing on each Note, to act as paying agent thereof. Each such Note shall be executed in the name of the Local Issuing Agency by the manual or facsimile sigoature of tbe Mayor and City Treasurer of Special Session, February 11, 1974 95 the Local Iss.uing Agency and shall purpose of paying the principal have the corporate seal of the and interest to maturity on such Local Issuing Agency ioopressed, Notes, are deposited with the pay- iooprinted or reproduced tbereon ing agent or agents for such Notes. and attested by the City Clerk, and Section 8. The proceeds derived said officers are hereby autborized from the sale of the New Project and directed to canse said Notes Notes, together with 'sucb amount to be properly executed. of other funds of the Local Issuing Section 5. Each such Note shall Agency as may be necessary, shall be in substantially the form of be applied, simultaneously with HUD-901O, which is incorporated the receipt of said proceeds, in herein by reference, and shall be accordance with the provisions of secured by an agreement entitled the Requisition Agreement. "Requisition Agreement No. 1-74 Section 9. The City Treasurer is (hereincalledthe "Requisition hereby authorized and' directed to Agreement"), in substantially the send promptly a letter to each pay. form of 1IUI).9003, which is incorp. iog agent for tbe NeW Project orated herein by reference, to be Notes in substantially the form of entered into between the Local Is- HUD-9004 which is incorporated suiog Agency and the Government. herein by' reference and to trans. Section 6. The Requisition Agree- mit, therewith (a) the New Project ment shall be executed in the Notes for which the addressee is name of the Local Issuing Agency the paying agent for - delivery and by the manual or facsimile signa. payment and (b) a signature 'certifi- ture of tbe Mayor of the Local Is- cate and receipt in accordSl¡ce suing Agency and shall have the wIth the terms of said letter and corporate seal of the Local Issuing to take such other actions as' may Agency impressed, iooprinted, or be required to complete the deliv. reproduced thereon and attested ery transaction in accordance with by the City Clerk, and said officers the terms of the letter to the pay. are hereby authorized and directed ing agent. to canse the Requisition Agreement Passed approved and adopted to be propertly executed. this 11th' day of February, 1974. Section 7. For the punctual pay- ment of the principal of and ioter. Alla~ T. Thoms est on the New Project Notes; the ayor Local Issuing Agency bereby ex- C. ~obert Justmann Pressly and irrevocably promises Al,,!n E. L~ndh to pay any sums which may be Ewl Stackis received from the Government James E. Bra?y pursuant to the Requisition Agree- . City Councilmen ment relatiog to such series of ATTEST. Project Notes and said Agreement, Leo. F. Frommelt when executed by the Government, City Clerk . is hereby declared to be and is Mayor T~oms moved adoption of hereby assigned by the Local Is- the resolutIOn. Seconded by Coun- SUing Agency for the benefit of cil,,;,an Brady. Carried by the fol- the holder Or holders from time to 10w1Og vote: time of the New Project Notes. Yeas - Mayor Thoms, Council- All contributions funds and men Brady, Justmann, Lundh, amounts authorized' or required by Stackis. !be Contract to be applied to the Nays - None. payment o~ Project Loan Notes (re- RESOLUTION NO. 57-74 ferred to 10 the Contract as "Pro- . . ject Temporary Loan Obligations," WHEREAS, applicatIOns. for "Advance Notes" or "Permanent Beer PermIts have been aubnutted No.tes") as issued in connection to thIS Council for app~val and with the interest to maturity on tbe same bave been exam1ned; the New Project Notes. Such NOW THEREFORE BE IT RE- pledge and the lien created there- SOLVED by the City Council of by shall cease and terminate wben the City of Dubuque,Iowa, that monies or Investment securities the following applications be convertible into cash not later than granled aD!! permits issued upon the maturity date of the New Pro- the compliance with tbe tenus of ject Notes, sufficient and for the the ordinance of tbe City. 96 Special Session, February 11, 1974 CLASS "B" PERMIT TO SELL BEER Adele Fens, dha Del's Tap, 210 West 1st Street Passed, adopted and approved this lltb day of February 1974. Allan T. Thoms C. Robert Justmann Alvin E.Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Staclda. Carried by the followiog vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 58-74 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 iospected and found to comply with the ordinances of this City and they have filed proper honds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubllque, Iowa, tbat tbe Manager be authorized to cause to be issued to the followiog named applicants a Beer Permit. CLASS "B" PERMIT TO SELL BEER Adele Fens, dba Del's Tap, 210 West 1st Street Passed, adopted and approved this 11th day of February 1974. Allan T. Thoms Mayor C. Robert Jnstmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, JustmanD, Lundb, Staclrls. Nays - None. - --- ,--_!I. Ih.!UlfIUlJeo."""',",""."""","""", RESOLUTION NO. S9.74 WHEREAS, applications for Liq. uor Licenses bave 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 named applications be approved and licenses issued upon tbe compliance with tbe pro- visions of Chapter 131, Acts of the First Regular Session, 64th Gen- eral Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE The Apartments, Ltd., dba, The Apartment 5-A, Kennedy Mall, 555 JFK Road Passed, adopted and approved this 11th day of February 1974. Al1\m T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 6G-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 tbey 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) The Apartments, Ltd., dba, The Apartment 5.A, Kennedy Mall, 555 JFK Road Special Session, February 11, 1974 Passed, adopted and approved this 11th day of February 1974. Allan T. Thoms Mayor C. Robert Juslmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen 97 Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of Ihe resolution. Seconded by Coun' cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. There beiog no further business Oouncilman Stackis moved to ad- journ. Seconded ,by Mayor Tboms. Carried by tbe following vote: Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Lundh, Stackis. Nays - None. Leo F. Frommelt City Clerk Approved 1974 Adopted 1974 ............................................................ Councilmen Attest: """"""ë¡iÿ"'ëië~k""""""""'" 98 Special Session, February 18, 1974 CITY COUNCIL OFFICIAL Special Session, February 18, 1974. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stacki.. 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 CON. DUCTING PUBLIC HEARINGS ON VARIOUS REZONING REQUESTS, and acting upon such otber bnsi- ness as may properly come before a regular meeting of the Council. Communication of Dubuque In- dustrial Bureau, forward from last meetiog, proposing a special ad hoe committee be named the Council, Or the Mayor's Industrial Committee be expanded to deli- berate on the feasibility of, and specific recommendation for a second municipal Industrial park, presented and read. Councilman Justmann moved that the com. munication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Jnstmann, Lundh, Stackis. Nays - None. Councilman Stackis moved that the rules be suspended in order to let anyone present address the Council if tbey so desire. Seconded by Councilman Lundh. Carried by the followiog vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Mr. Duane Mortenson spoke in behalf of the Industrial Bureau and also presented Spencer Smith and Paul Gisch. Mayor Thorns moved that tbe report of the Dubuque Industrial Bureau be referred to the City Planner. Seconded by Councilman Justmann. Carried by the fullow- iog vote: - Yeas - Mayor Thorns, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. ~_... ~ jl.".'l.'UHt..."..,.".....",".~ February 15, 1974 Tbe Honorable Mr. Allan Thoms Mayor ' Members of the Dubuque City Council On December 3, 1974 Ecumeni- cal Housiog Incorporated request- ed to exercise its option to pur. cbase the parcel of Urban Renewal land at 6th and Locust St. At that time I explained to .the members of the Council that due to r;.,ing costs $300,000 would have to be raised from the community to make the project feasible. The Federàl HouSing' Administration bad informed us that the money would have to he-in band by June 30, 1974 to' retain the Federal commitment. We began by making aD. appeal to the churChes of Dubuque with the response beiog very' positive but not yet completed. We planned to go to bnsiness foundations and large donors after the churches had contributed. At a February 6th meeting with FHA officials in Dès Moines, we were ioformed that they would like a feasibility application, whicb requires coofirmation of tbe $300,000, submitted by Marcb 1, 1974. The reason being that in order to keep costs down tbey would like construction to begio July 1, 1974. Enclosed is a letter from Nate Ruben, Director of FHA, furtber explaioiog the pro- posed schedule for processiog of the project. This very tight schedule no longer allows ns to develop a hoard based community campaigu, although we are continuing with tbe church appeal and. contacts with foundations. Therefore, Ecu- menical Honsing Incorporated is asking that the City Council of Dubuque appropriate funds in the amount of $100,000 to enable "Ecumenical Tower" to become a reality. (Rev.) Thomas W. Rbomberg Pres., Ecumenical Housing Incorporated 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, Lundb, Stackis. Nays-None. Special Session, February 18, 1974 99 February 18, 1974 Øø1IoMble Mayor and City Council You have before you a letter from Ecumenical Housing request- iog an appropriation of $100,000. I advise the council that $100,000 Reve¡¡ue Sharing Funds are avail- able for this purpose and recom- mend the appropriation. I would ask that you approve of tllis recommendation with the un- derstanding that the furmal ap- propriation request will be broUght to you later, and that it will be subject to suitable contrac- tual "arrangements between the parties. Gilbert D. Chavenelle City Manager Councilman Brady moved that the communication be received aDd filed. Seconded by Council- man Stackis. Carried by the ful- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Rev. Thomas Rhomberg stated that they mnst have evidence of $300,000 before the feasibility stu- dy can be completed. They would be agreed to the $40,000 per year taxes. Mr. Ed Sbeppley, Tom Mc- Clain, Leo McCarthy, Eldon Her- ri& Rev. Odden, Dick Ludwig, all spoke in favor of Ecumenical Housiog. Mr. Don Toom and Wai- ter Clark spoke against the Ecu. menical Honsing project. After considerable discussion Councilman Brady moved to re- impose the rules. Seoonded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Jnstman, Lundh, Stackis. Nays-None. Councilman Brady moved that the City Manager issue a letter of intent for payment of $100,000 to Ecumenical Housing by the City of Dubuque for purchase of ser. vices over a forty year period sub- ject to: (1) An Agreement between the City and Ecumenical Honsiog that the Corporation will pay full taxes on the facility for a minimum of seven years and will not seek a tax exemption until that time. (2) That the contractual agree- ment spell put a specified num- "ber of units over a forty year peri. od to be made available to the elderly of the community. (3) That a contractual agree. ment be drawn by the City Solici- tor and subject to final Council approval. Seconded by Mayor Thoms. Car. ried by the fOllowiog vote: Yeas - Mayor Thorns, Council. men Brady, Lundb, Stackis. Nays---Councilman Justmann. COUNCIL RECESSED AT 9:50 P.M. RECONVENED AT 10:00 P.M. February 14, 1974 Honorable Mayor and Councilmen Enck>sed are copies of the con- sultant's final report and recom. mendations for the John F. Ken. nedy Road Corridor. The City Manager's Traffic Committee and the Planning and Zoniog Commission have reviewed the report and have considered its alternative recommendati<Jns. Our shared conclusions are as fol- lows: 1. Tbe analysis and principal findings are correct. John F. Ken- nedy Road presently affords an ac- ceptable level of service,by con. ventional national standards, but this service level will deteriorate as vacant lands are developed and as existing activities increase in intensity. 2. Major roadway and interaec. tion improvements will be neces- sary in the future to increase ca. pacity and to relieve points of ex- cessive hazard or delay. Therefore there is a need to make a com. mitment to a long.range plan for land.use and roadway develop- ment. We also share the consult. ant's view that major publie in- vestment in roadway improvement should not be necessary for a peri. od of five years or more. This de. lay is an appropriate interval to secure commitments on the devel. opment of higher priority seg. ments of our urban transportation network, including a new Wiscon- sin Bridge, downtown arterial sys- tem, Dodge Street and the pro- posed outer loop. Impending prob- lems on John F. Kennedy Road cannot be effectively resolved apart from a prior resolution of more severe problems on these otber segments of the network. 3. We" share the consultant's conclusion as summarized on page 100 Special Session, February 18, 1974 Special Session, February 18, 1974 101 30, that tbe most workable long- range plan is tbeir Alternate Plan One, with a four-lane J.F.K. - Wacker arterial, supplemented by a land.use plan that would regu- late the intensity of future devel- opment according to the traffic capacity of the roadway. Our rec. ommendation also supports the consultant's view that it should be possible to avoid the future ne- cessity of widening John F. Ken- nedy Road to six lanes or of pro- moting Carter Road to arterial status. The recommended network configuration is illustrated in Fig- ure 7 of the report (page 25). We bave also attacbed a cross-seetion diagram iIIustratiog the roadway dimensions which we feel would be most appropriate for the rec. ommended plan. 4. The recommended Alternate Plan One generally conforms -to the system considered in the 1990 Metropolitan Transportation Plan. The differences between the con- sultant's findings and tbe 1990 Plan are in projections of land- use intensity to the corridor, traf- fic concentration and lane require- ments, and the need for a substi. tute connection to Dodge Street at a point east of the present J.F.K.- Dodge Street intersection. It is recommended tbat these fiodings should be reviewed in the current process of updating the Metropoli. tan Transportation Plan, and that tbat Plan incorporate corridor sys- tem as described in No.3, ahove. 5. The consultant has recom- mended modifications to the func- tionally classified system of local and collector streets within the corridor. We believe that the sys- tem illustrated io Figure 5 of the report represents an acceptable system concept, but that further consideration sbould be given to some of its features. It is proposed that the staff undertake further study of this functionally classi. fied system, and that no commit. ment be made to modification of present local and colIector streets until a ftoal plan can be devel- oped. 6. We recommend that short. range action be pursued, as pro- posed by the consultant, in amend. ing the Subdivision Ordinance to restrict mtoor subdivisions and to institute driveway and access con- trol, in amending the present Zon- ~.~ ~-- ~-"~----"""""""+-+"'~"~~~'- iog Ordinance to include a man- datory Planned Development Dis- trict for future commercial uses and in establishing minimum rigbt: of.way dedication requirements for future widening of John F. Ken. nedy Road according to the cross- sectional dimensions of the at- tached diagram. 7. The Traffic Committee is now consideriog several short-range modifications at the Asbury.J.F.K. Road toterseetion, at tbe Univer- sity.J.F.K. Road intersection, and in lane stripping on J.F.K. Road south of Pennsylvania Avenue. We recommend that these efforts con- tinue in tbe expectation that cer- taio short-range.,. improvements could be accomplished to the cor- ridor tbis year. Tbe Planning and Zoning Com- mission and Traffic Committee re- spectfully request that the con- sultant's report be received and filed by the City Council at this time. We would also seek an op- portunity to review the consul. tant's report and our recommen. dations with varions interests in the corridor and would hereby re- quest your concurrence for such an effort on our part. We hope to return to the Council shortly to discuss and recommend a final plan and land.use policy reflect. iog the consultant's fiodings and our own concerns as set forth above. Councilman Justmann moved that the communication be re- ferred to the Mayor's Industrial Committee and City Solicitor. Sec. onded by Councilman Lundb. Car. rled by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Mayor Tboms moved that the rules be suspended to order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Lundh. Carried by the followiog vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Mr. Arthur Oetb and Robert Kehl addressed the Council by stating that they are in the proc- ess of starting a new subdivision. It would entail twenty-four apart- ments and now there is some ques. tion as to the furnishing of gas. February 8, 1974 I Honorable Mayor and City Council On March 21, 1907, tbe City Council of the City of Dubuque, Iowa adopted an ordinance grant. iog unto the Dubuque Boat & Boil- er Works the permanent use of said strip of land Iyiog on the north side of the Ice Harbor in tbe City of Dubuque, Iowa and said ordioance contained numer. ous conditions as tbe basis for said grant and, thereafter, on the 6th day of November, 1972 The City Council of the City of Du- buque, Iowa adopted, passed and approved an Ordinance No. 56-72 repealing said ordinance adopted by the City Council of tbe City of Dubuque, Iowa on Marcb 21, 1907. Thereafter, the Dubuque Boat & Boiler Company commenced an ac. tion to Quiet Title to said strip of land claiming to 'be the owner thereof and the City filed the ap. propriate resistance tbereto and filed pertinent motions tbereto and on the 3Otb day of January, 1974 tbe District Court of Du- buque County, Iowa in Equity No. I 82215 ordered, adjudged and de. creed that said action by the plaia. tiff be dismissed. In the opinion of this writer, this terminates this action with the exception of the rlgbt of an appeal in tbe plaintiff. Respectfully submitted, Richard Friedman, Chm. Planniog and Zontog Commission Captain Charles Jenaman, Secretary Traffic Committee Mayor Thoms moved tbat tbe communication be received and filed. Seconded by Councilman Lundb. Carried by the folIowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundb, Stackis. Nays-None. Communication of Peoples Nat- ural Gas Co., heing faced with spiraling demand in tbe face of tigbtening supply, are instituting an application and permit system that will apply botb to residen- tial and non-residential customers in order to determine in advance the potential load requirements, presented and read. Origioal notice with copy of pe- tition attached is herewitb reo turned. R N. Russo City Attorney Councilman Stackis moved tbat the recommendation be received and filed. Seconded by Mayor Thoms. Carried by tbe fOllowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Notice of claim of Alta M. Ap. pel, in an undetermined amount, for personal iojuries received to a fall io Washington Park on Feb- ruary 13, 1974, presented and read. Mayor Tboms moved tbat the no. tice of ctaim be referred to the City Solicitor for investigation and report. Seconded by Councilman Brady. Carried by tbe followtog vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundb, Stackis. Nays-None. Notice of claim of Charles E. Hess, in an undetermined amount, for personal injuries received io a fall at the corner of W. 3rd & Nevada on February 13, 1974, pre- sented and read. Mayor Thoms moved that the notice of claim be referred to tbe City Solicitor for investigation and report. Seconded by Councilman Brady. Carried by tbe following vote: Yeas - Mayor Tboms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Proof of Publication, certified to by (be Publisher, of Notice of public heariog to amend Ordi. nance No. 3-34, known as the Zoning Map and Zoning Ordinance of the City of Dubuque by chang. ing from Siogle Family Residence District Classification to Multiple Residence Planned Unit Develop. ment District, the fallowing de. scribed real estate: Lot 2 of 1 of Bethany Addn; Lot 1 of 1 of Betb. any Addu; Lot 2 of 1 of St. Fran. cis Sub.; Lot 4; Lot 1 of 1 of 1 of 3 of St. Francis Sub. (except part within 200' of North line of Davis Avenue); Lot 2 of St. Fran- cis Sub. (except part within 2(()' of north line of Davis Ave., Lot 1 of 1 of St. Francis Sub.; Lot A of Lot 1 of 1 of Bethany Addn., 102 Special Session, February 18, 1974 Lot A of Lot 4 of SI. Francis Sub.; Lot A of Lot 1 of 1 of 3 of St. Francis Sub. (except W. 40' of North 1,320'); Lot A of Lot 2 of 3 of SI. Francis Sub.; S'h of East 10 acres of West 30 acres of Lot 2 of SW'I4 of SEv. Sec. 12, Twp. 89 N. R. 2E 5th P. M. (except part within 200' of north line of Davis Avenue); West 330' of East 'h of Nortb 'h of Lot 2 of SWv. of SEv. of Section 12, Twp. 89 N. R. 2E 5 P.M.; West 'h of East 'h of NW'I4 of SE'I4 Sec. 12, T. 89 N. R. 2E 5 P.M.; West 20 acres of Lot 2 of SWv. of SEv. of Sec. 12, T. 89 N.R.2E 5 P. M.; (except the southerly 625' thereof); W'h of NWv. of the SE'I4 of Sec. 12, T. 89 N. R. 2E. 5 P. M., presented and read. No written objections were filed and no oral objections were pres- ent in the Council Cbamber at the time set for the public hearing. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Council. man Justmann. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 13.74 An Ordinance Amending and Changing Ordinance No, 3.34 known as "The Zoning Ordi. nance and Zoning Map of the City of Dubuque, Iowa," so as to change certain property here. inafter described from "Single Family Residence District" clas- sification to "Multiple Residence Planned Unit Develo_nt Dis- trict" Classification, said Ordinance having been pre- viously presented and read at the Council meeting of January 21, 1974, presented for final adoption. ORDINANCE NO. 13-74 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34, KNOWN AS "THE WNING ORD- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," SO AS TO CHANGE CERTAIN PROPERTY HEREINAFTER DE- SCRIBED FROM "SINGLE FAMILY RESIDENCE DISTRICT" CLASSIFI- CATION TO "MULTIPLE RESI- DENCE-PLANNED UNIT DEVELOP- MENT DISTRICT" CLASSIFICATION Ill! I ,'.L, IIUII.~4-'.-""""....,.._....= NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. Th" O,w..n" No. 3-34 known " "tho Zoning O,d;..n" ..d Zonin. M,p of tho City of Duhuquo, low,," bo ..d tho "mo u h",by 'mondod by ,h..sing f'om "S;nglo F,mily R"i. don" Œ",itt" ,b,,;fi,,';on to "Mul. ,;plo R"idon,,-PI..nod Unit Dmlopmtnt Dut,;tt" cl",;fi",ion tho follow;"g do. ",;bod ",1 """, to w;t> Lot 2 of Lot 1 of B"h..y Add;,;on; Lo, 1 nf Lo, 1 nf B"h..y Addit;"n; Lot 2 of Lot 1 of S,. Fund, Subwv;. ,ion; Lot 4 nf St. Fund, Subdivu;on; Lot 1 0' Lo' 1 of Lot 1 of Lot 3 of St. Fun'ù Subwv;rion (oxp", pm with;n 200 f", nf Nn"h lint of Dovi, Avonuo); Lot 2 of St. Fund, Subdiv;. rion (mopt pm wi,h;" 200 ftOt of No,th lint of Dov;, Avonue); Lot 1 of Lot 1 of St. F,..", Subwvirion; Lot A of Lot 1 nf Lot 1 of Both..y Addi,;on; Lot A of Lot 4 of St. Fu",ù Subd;v;- ,ion! Lot A of Lot 1 of Lot 1 of Lot 3 of St. F,..,ù Suhwvù;"n (ox"pt W"t 40 f"t 0' No,th 1, 320 ftOt); Lot A of Lot 2 of Lot 3 of St. F,..d, Subwv;. ,ion South 'h of Em 10 "'" of W", 30 "'" of Lot 2 of SW '14 of SE V. of S,,';on 12, Towmhip '9 No"h, R,n.o 2 Em of ,ho 5th P.M. (Empt P'" w;thin 200 f", of No"h I;no of D..ù Avonuo); W"t 330 f", of Em 'h of No"h '"' of Lot 2 of SW '14 of SE 'I. of S",;on 12, Town,},;p '9 Nom, R..go 2 E"t of ,ho 5th P.M.: W", 'h of E", 'h of NW '14 of SE ¥. of S",;on 12, Towmhip '9 No"h, R..ge 2 E"t of ,ho 3th P.M.; W'" 20 "'" of Lot 2 of tho SW ¥4 of tho SE ¥4 of S"tinn 12, Tow",h;p '9 No,th, R..go 2 E", of ,ho lth P.M. ;;:;p¥-. th:f '~:o\% :i',~~tS~oy,:f~} S"tinn 12, Towmhip 89 Nn"h, R,ngo 2 E"t of ,ho 3th P.M., ;n ,ho C;ty of Dubuquo, Ion SECTION 2. Th" tho zoning t"b". ;t;"';on ,bovo do",;bod ;, m,do fo, tho pu'po'" of o",bU,b;"S on ,u,h ",I """ , pl=od Un;t Dovolopmont, whi,b ,b,ll co.,;" of no, mo" th,n th", hundttd ,ixty ",;don,;,1 dwoll;"g uni", ..d whi,h Pbnnod Unit Dmlopmont PI.. ,h,ll bo m,do p""U'" to ,ho p,ov;- oon, of S",;on 6 of A,,;clo IV of O,wn- .." No. 3-34. SECTION 3. Tb" tho Building Com- mù,;"n" of ,ho C;ty of Dubuquo, low' ù b,,'¡'y o,d",d ..d d;"",d tb" build. ;ng pt,mi" ..d "";f¡"t,, of oc'up"'y fo, ,,;d p,opt";,, ,}"ll bo !imi"d only '0 ,nth "'" "ruetu", ,nd o,h" instill"ü>", " ,h,ll ,onfo'm to '0 'pp,ovod Pbnood Un;t Dmlopmont pbn. SECTION 4. Tb" tho fo"going Amondmont h" h""ofo" betn 'ppmvod by tho PI..n;ng ..d Zonins Comm;"ion of tho City of Dub..uo, low,. Special Session, February 18, 1974 p..,.d, 'ppmvod ..d ,doptod tbù 18th ".y of Fob.."y, 1974. Albn T. Thom' M.yo, J,m" E. Budy Emil S"ck;, Alvin E. Lundh C. Rob", Ju"m'oo Cooncilmon ATTEST, L", F. Ftommol, City CI"k Pub1ùhod n££;,i,lIy in ,ho Tologuph H",ld Now,p'p" thù 210, d,y of Fobtu- ...,. 1974. Leo F. Frommol, C;ty CI"k It. 2-21 Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Lundb. Carried by the followiogvote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Proof of Publication, certified to by tbe Publisher, of notice of public hearing to amend Zoning Ordinance No. 3.34, known as the Zoning Map and Zoning Ordinance of tbe City of Dubuque, Iowa, so as to cbange the Zoning Classifi- cation of varions parts of Lot 1 of Lot 1 of Lot 1 of Powers Place from Multiple Residence District and Single Family Residence Dis- trict Classifications to Local Busi- ness "A" District, Local Busioess "B" District and Multiple Re8i- dence Planned Unit Development District, according to various de- scriptions as shown on the Zoning map attached, presented and read. No written objections were filed ani no oral objectors were present in the Council Chamber at the time set for tbe public hearing. Councilman Justmann moved tbat the proof of publication be reo ceived and filed. Seconded by Councilman Stackis. Carried by the followiog vote: Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Stackis. Nays-None. Abstained-Councilman Lundb. ORDINANCE NO. 14-74 An Ordinance Amending and Changing Ordinance No. 3.34, known as "The Zoning Ordi. nance Zoning Map of the City of Dubuque, Iowa", tochanll" the Zoning Classification eI va,.. ious parts of Lot 1 of Lot 1 of 103 Lot I of "Powe.. Place" In the City of Dubuque, Iowa, from "Multiple Residence District" and "Single Family Residence District" to local business "A" District", Locel Business "B" District" and Multiple Resl. dence-planned Unit Develop- ment District:' eccorell"g, to var- ious descriptions herei" pre- scribed, and es Ih_n on the Zoning Map hereto attached, said Ordinance having been pre- viously presented and read at the Council meeting of January 24, 1974, presented for final adoption. ORDINANCE NO. 14-74 AN ORDINANCE AMENDING AND , CHANGING ORDINANCE NO, '-J<, KNOWN AS "THE WNING ORDI. NANCE AND ZONING MAP Of THE CITY OF DUBUQUE, 10WA," TO CHANGE Tf¡¡ZONING CLASS;. IFICATION OF, VAllJOUS PARTS OF LOT! OF LOT 1 OF LOT 1 OF "POWERS PLACE"IN THE .CITY' OF DUBUQUE, 10WA,FROM"MUJ.. TlPLE RESIDENCE DISTRICT" AND SINGLE FAMILY RESIDENCE DIS- TRICT" TO "LOCAL BUSINESS 'A' DISTRICT," "LOCAL BUSINESS 'W DISTRICT" AND "MULTIPLE RESI- DENCE-PLANNED UNIT DEVELOP- MENT DISTRICT," ACCORDING TO VARIOUS DESCRIPTIONS, HEREIN PRESCRIBED, AND AS SHOWN ON THE ZONING MAP HERETO AT- TACHED NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. Th" O,din.." No. '-3~, known" ",be Zoning O,din=ee ..d Zoning M.p of tho C;ty of Dubuquo, low," bo ..d ,bo ""'0 ;, h..,¡,y ""onded by th..gmg ¡'om "Mul,;plo R..¡d",co 0;,- u;ct" ro "Loc.J B",in.., 'lI' Dù";,,," , p",don of Lot 1 of Lot 1 of Lot I of "Pow," PI"o" io ,ho CIty of Dubuq.., low" d"eribed " follow", Commone;"g " tho in""",don of tho "",dy ,;gb,-of-w,y Hno of John F. Konnody R..d ..d ,ho no"body ,;gbt-Qf-w,y lino. of Hill""" Ro,d; ,hontO no,thody ,long tho "",dy ,;gh'-of-w,y lint of John F. Konnedy Ro,d ,pproxiro"oly 178 foot '0 tho in. t"..,,;on of tho o"t"Iy oxt""ion of tho Ctn", lme of lúUé,.., Ilo,d (w..,); thonco o,,«dy 200 f.., ,loOJ tho ox"",ion of "id con", lint of Hill«", Ro,d; thon" ,"uthody , db- ,..to of 'pprorim,"!y 23' f", ,Ions, linopmlld to tho o",ody ,;ght-of-w,y ¡;~o of John F. Ko...dy Ro,d to ,h. ;..,""tiori of .tbo .."h right-of-woy lino of Hill"", Rood; thOn" "'"",Iy ,Ions the no"h"Iy ';sh,-of-woy of Hillo"" Ro,d to tho point of beg;n- 104 Special Session, February 18, 1974 oing; all .. mo...n on th. zooing pi.. of Lo. 1 of Lot 1 of Lot 1 of "Po...'" PI."," in tb. City of Dubuqu., 10"'" .. b"'to ",.eb.d .nd m..ktd Ex. bibit "A". SECTION 2. Tb.. O,din.n'" No. }-34, kno...n " "th. Zoning O,din..co ..d Zoning Mop of ,b. Ci'y of Dub.."" low." bt .nd tb. ..m. " b",by .m.ndtd by eb_ing f'om "Multipl. R",d",co D""i,," to "Loczl B",in'" 'A' Dimi,," . po,tion of Lot 1 of Lot 1 of Lot 1 of "Po...", PI."," in th. City of Dubuqu" low., d""ib.d at follo..." Commmeing .. th. int"",tion of tb. ..."dy ,igbt-of-....y lint of Jobn F. Ktnn.dy Road .nd th. ..",dy "tm- Uon of tb. ",ntee lint of Hill""t Ro.d (..."tJ; thonc. no"b.dy .Ions ,,¡d "'teely right-of-w.y lint of Jobn F. K"'ntdy Ro.d .pp,oxim..tly 485 fm to th. int"",tion of th, ..",dy ox. "naion of th. contee lint of Pootbill Ro.d; tb'nco "",dy 280 f." alons tb, ""'n,ion of ,,¡d contee lin. of Foothill Road; tb""" tOutb.dy . dimnco of 485 f"t to th. in"""tion of th. ..."dy ""núoo of tb. ='" Iln. of Hille"'t Ro.d (w"tJ; th.nco "",dy .Iong ,,¡d ,,"ndtd em"r 1m. of Hiller..t Ro.d (w,,'J; to tb. point of b.ginning; zli " ,bo...n on tb. zoning pI.. of Lot 1 of Lot 1 of Lot 1 of "Pow", PI"," m th. City of Dubuq"" 10"", b.",o .."rb.d .nd m..k.d Exbibit "A". SECTION J. Tb.. O,din.nco No. J-34, known.. ",b. Zoning Ordin.nco ..d Zoning M.p of th. City of Dubuqu., low." bt .nd th. um. i, bee.by .m.nd- td by ebzogins f,om "Multipl, R..id,nco D"trict" to "Multipl. R"idtnco.Plzon,d Unit Dmlopm,nt Dimi,," . po"ion of Lo, 1 of Lo' 1 of Lot 1 of "Pow", Pbco" in th. City of Dubuqu., low., d..erib,d at follow" Commoncing .. tb, in"""tion of tb. ..."dy right-of-....y lint of Jobn F. K.....dy Ro.d zod th. ..."dy ,,"n- rion of tb, em'" lin, of Foothill Ro.d; th",co northeely .Iong ,,¡d .""dy right-of-w.y 1m. of Jobn F. K.nntdy Ro.d . d"tanco of 70' f... to tho tOuth lin. of Lot 2 of Lot 1 of "Po...", PI..."; tb,nco ..."dy .Iong uid tOoth lint of Lo, 2 of Lo, 1 of "Po...." Pbco" .nd i" "",naion . di,tanco of 240 f... to tho w..t lint of Lot 1 of Lot 1 of "S"chee Pbco"; th.nco tOuth,dy .Ions . lint pmll,1 to tho ..."dy right-of.w.y Iln. of John F. Ktnntdy Road. di"..co of 7°' f"t to th. in""",tioo of tho ..."dy ,,- t....on of th. con"r lint of Foothill Ro.d; th.nco ...""dy .Iong .,¡d ..."dy ......ion of th. em'" lint of Poothill Ro.d to tb, point of b.ginning; .11 " ,hown on th. zoning ,I.. of Lot 1 of Lot 1 of Lot 1 of "Powee. PI"," in tho City of Duh.."" low., h."to ..",htd .nd m..ktd Exhibit "A". SEéTION 4. Tb.. Otdin..e. No. J-34, known" "th, Zoning O,din..co .nd -~ -~- - --~_.."'-,,""""'~~~"~-"~" Zonmg M.p of tho City of Dub..u" 10...." b. .nd tho ..m. " h",by ,,"'nd,d by eh.ngmg f,om "Singl, F.mily R"i- d.nco D""ict" to "Loc.l Butin", 'B' Di"ei,," . po,tion of Lot 1 of Lot 1 of Lot 1 of "Po...", PI..." in tho City of Dub.."" low., d""ibod " follow" Comm,neing .. tho in"metion of tb, north eigbt-of-w.y lint of Hille"'t Road ..d tho north.dy """"ion of tb, em'" lint of p...d.n. Av"",,; th.nco w""dy . di".nco of 185 fnt .Iong tho no"beely eigbt-of-w.y lint of Hill. e",t Ro.d; th,nco no"b,dy .Iong . lint pmlltl to tb, ..",dy 'igbt.of-w.y Ii.. of Jobn F. Kmn.dy Ro.d . di,tanco of 240 fm to th. int"'"tion of tb, ..."dy "....ion of tb, con'" lint of Hill""t Ro.d (w..tJ; th.nco ."teely . dittanco of 18' fOtt .Iong ,,¡d ox. t",d.d con'" lint of Foothill Ro.d to th. int",oction of th. nortb..ly m""ion of tb. con"r lint of P".. don. Av'n"'; th.ne. tOutb.dy .Iong ,,¡d nortbeely ,,"n,ion of tho emt.. 1m. of p".d.n. Avonu, . dimnco of .ppcoxim..tly 238 f..t to tb, point of btginninS; .11 " mown on tho zoning pi.. of Lot 1 of Lot 1 of Lot [ of "Pow", PI..." in tho City of Dubu- qu., low., b""o .."ebtd .nd m..ktd Exhibit "A". SECTION!. Tb.. Ordin.nco No. J-34, kno...n " "tb. Zoning O,din.nco .nd Zoning M.p of tho City of Dubuqut, 10...." b. .nd tho um. " bee.by .m.ndtd by eb..gins from "Smsl. Fzmily R"i- dmco Dimi,," to "Loc.1 Bu,in", 'A' Dittri,," . portion of Lot 1 of Lot 1 of Lot 1 of "Po...ee, PI..," in tb, City of Dub..u., 10"", d""ib.d " follo..." Commmeing .. tho int",oction of th. .."eely """,ion uf tho contee lint of Hill"..t Road (.....tJ .nd tb, nortbeely "....ion of th, emtee 110, of p...d.n. Avmu.; thmco w.",dy zlong ,'¡d "'md.d contee lin. of HilI- "'" Ro.d (.....tJ . di"..co of 18> f"t; thmco nortbeely zlong . lint pmlld to th. ..."dy eigbt-of-w.y lin, of Jobn F. Kmn.dy Road. dimnco of .pproxim..tly 485 f... to tho io. ""oction of tho ..."dy m.n,ion of tb, contee Iin. of Footbill Ro.d; th.nco ...""dy .Iong ,,¡d "tmd.d con", Iin' of Footbill Ro.d . ditt..co of 185 f"t to tho int",oction of tb, nortb,dy .",núon of tb, con'" lin. of P",d.n. Avonu.; tbmco tOuth.dy .Iong .,¡d north.dy ,,"núon of tb, em", lint of p...dm. Avonu' . dittanco of .p- pcoxim..tly 485 f"t to tho point of bt. ginning; zli at .bo...n on tho zonins pi.. of Lot 1 of Lot 1 of Lot 10f "Po...,," PI..." in tho City of Dubuqu" lo...a, bee.to ..",btd .nd m..k,d Ex- bibit "A". SECTION <. Tb.. O,din.nco No. J-34, known" "tb, Zonmg Ordiu.uco .nd Zoning M.p of th. City of Dnhuqu., 10...." bt .nd th. um. i. b",by .mmd.d by eb....ug fcom "Singl. Fzmily R",. Specia1 Session, February 18, 1974 105 done. Dimi,," to "Multipl. R",d.nco- Pbnntd Unit Dovdopmmt Di"ei,," . portion of Lot 1 of Lot 1 of Lot 1 of "po...", PI"," in th. City of Dub..u., 10"'" d"eeibtd " follo..." Comm,neing .. tho tOuth.....t cornet of Lot 1 of Lot 1 of Lot 1 of "Stocbee Plac."; tbmco tOutb..."dy zlong th, ...th Ii.. of ,,¡d Lot 1 of Lot 1 of "Sttchee PI..,," .nd i" ,outh.""dy "",n,iou . dimuco of 410 f"" tb,uco oortb..",dy .Iong . lint pmll,1 to tho ...t Ii.. of Lot 1 of Lot 1 of "Stocbee PI"," . dittanco of 164 f"t; thmco ...th..."dy . di"..co of 34J f"t alons tho Iin' 141 f... di".nt from .nd ,mlltl to th. tOoth lint of "Dubuqu. - A,buty Ro.d Subdivi,ion"; thmco tOuth....."dy . dimnco of <0' f... .Iong . lint 141 f... ditt..t fcom ..d pmlltl to th, ...", lin. of Lot 2 of "Picardy P..k SubdiviOOn"; th.uco . tOuth..."dy . dittanco of <10 f"t I -Ui- ..",......'- --:::',---' - --0:-':"":""_.. """ ~.._.. --.. i~""'. along. lint 14' fnt ditton' f'om ..d pacal1tl to th. ...th lint of Lo, 2 of "Picardy P..k Subdivition"; th.n.. tOoth along. lint pacalltl to tho .....t lint of Block Xl of "Hille...., Htigb" Subdivi,ion" to th. north lint of Loc 2 of Lo, 1 of "Po...." PI.co" th...,. ....."dy zlong th. north lin" of Lo, 2 of Lo, [ .nd Lo, 2 of Lo' 1 of Lot 1 of Lot 1 of "Po...... PI.co" to ,b. north....., comet of .,¡d Loc 2 of Lot 1 of Lot 1 of Lot 1 of "Po...,," Pbco"; thonc. tOuth.dy .Inng th. ....., 1in. of Lot 2 of Lo, 1 of Lo' 1 of Lot 1 of "Po...... PI..." . dittzoco of 210 f"t; thmco ..., to ,b. in"',oc,ion of <h. ..., Iin. of J'",dm. Avm..; ,bonc. nO.Ctb along ,'¡d "" rigb,-of-....y lin, of p".d.n. Avm.. . di"zoco of .p- proxim...!y 4<0 f... '0 th. in......tinn of th. norch risb,-of-....y lint of Hill- e"" Ro.d: ,bmco ....."dy .Iong th. north lint of Hille"" Ro.d . dimnco ""'"T ... ZONONG "'-AT PO...ERS """""RTV DUI!UOUE, IOWA J 106 Special Session, February 18, 1974 of" feot to tho mte"",.... .oftho ""tth"ly ..t....,. of tM omt.. 1m. of Pu.d... A......., thtn.. M..h ..tong ..¡d .ooth..ly "'mUon of tM ""u" IiDe of Pando.. Avon... a dU"nco of 12> f... to oho Wtn<Ction of tho ...t- or'" "'"..... "f tM om", IiDe of Poot- bill Road, then.. ..e a <Ii"a... of 181 foet ..t- ,aid o..",ly "'....,. of tho omtet line of Foothill Road", tho mtetltCt.,n of tM ",.thody ......ron of. tM wat line of Lot 1 of Lot I of .Stech.. PI....', tL....aottL"ly a clio"... of.." Ú<t ..to.g tLe "'uth"ly .....- ai the wat Ii.e of Lot I of 1.0< 1.01. .S_r.Place" ro the ",.th- ..ar ,<"...0£ ,.Jd,Lor I of Lot I,of "S<edatr PIa..," ..¡';,h i, tho ,.,mt of b........., all .. ahown o. tho ....- ... plat. vi lot I of Lot .I of Lot I of "Pow... PI..o" m tho City of Dub....., Iow.,htreto at"ch"¡ ami -Dd&', Ibbit ~'A". SECTION 7, That the Boildmg 0=" mi'"o.ot of tho City ,.¡ Dubu.ue, 10... i, h",by ord..td and, di....od to .mtnd tht offid..t :z",,¡.g Mtp, ¡'£""d to m Ordin.... No. 3.j., "to' ¡.,orponte tho ...oing dUtri" ,h.ng" ttt fo..h h",in and on tho zoning pI.. htmo ",..hod .nd m..ktd Exhibit "A". SECTION 8. Th.. the "Mulriplo R..i- don..-Pltn.od Unit D<volopmtnt Dimi"" zoning ,,,It,,ific:ltio. abo.. d",ribed ia m.do for the p-", of ""bli,hi"" 00 ,uoh ",1"".. a Pltnntd Unit Dtvolop- mont, foi ",Lith. pi.. ,],,11 be m.do PUt. ,u.nt 00 tho ptovi,ion, of Soction 6 of Atrido IV of Ordina... No. 3-34. SECTION 9. Th.. the Building Com. mi"ion" of tho City of !Jobuq.., 10... i> h",by otd",d .nd di..""d tho< ,u,h buildmg pttmi.. ..d tetrifieat" of oc- ccp.ncy. lor p"..b d."ifiod' "MulclpIo R"¡donce..J'ltnnod Unit Dmlopment D¡'" tri,," ,htll. be limhod only to ,uch Utt" uro"Ut" and oth" inatallation, ., ,h.1I confotm to .. apptovod Plamitd Vnit. Dmlopmont plan. SECTION 10. Thor tM.' £.regoing Amondmon.. hoY< botetofot b",,;pptovod by tho Pltnni"B...d Zoniat Commi"i.. of tho City of Dubuque, lo"a. P..,td, appto-..d and .dopttd thi, 18th day of Fobroaty, 1974. Allon T. Thorn' Mayot C. Robe.. JUttm... IImilS"dw Jam" E. Bndy Coun,ilmon ATTEST t !.to F. Ftommolt City Clod. Publiohed offidally in tho Teltctaph H",ld Ne..'p.ptt tbi, 2ltt day of Febtu- aty 1974. Ie 2-21 !.to F. Ft...molt City CI"k IUIIJUI III lUIUU-"'.",II,..""""""""""~""",, Councilman Justmaun moved final adoption of the Ordioance. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Jnstmann, Stackis. Nays-None. Abstaioed-Councihnan Lundb. February 8, 1974 Honorable Mayor. aud City Council On the 12th day of .Octbbèr, 1970, William P, Woodward. äj¡d Beverly B.' Woodward. 'as JHa;n. tiffs, commenced an BCtion agaiost the City of Dubuque and William J, Klaner IUldCaroI . R. Klaner and all unknown clahuants, whereio the plaintiffs claim 'that they are the absolutè owners in fee shuple of the followiog described real es- tate: Pro5pect Street as racated be- tween ,Lot 32 and Lots 38, 39, 40 and 41 in "Coriell's Du. buque" (also known as Cor- iell's Addition to the City of Dubuque, Iowa) in tbe City of Dubuque, Iowa àlld that part of vacated Prospect Street bas been platted and shall bereafter be described and known as Lot 32 A "Coriell's Dubuque" in the City of Dubuque, Iowa and Lot 40 A "Coriell's Dubuque" io the City of Dubuque, Iowa which plat was dated June 3, 1970 and prepared by Bartels, McMahan, LeMay, Haas & Baule, Engineer- iog ComP'\Ðy and was approved And adopted by the City Council of Duhuque, Ió\va by Resolution No. 24-70 filed on August 11, 1970 io Book 24, page 577 of Dubuque CountY Records and this litigation essentially involved a dispute be. tween William Woodward and Bev. erly B. Woodward, as plaiotiffs, and William J. Klauer and Carol R. Klauer, as defendants, and this matter has been settled io Agree- ment between thè parties and said settlement terms reduced to writ. ing. The parties eacb agree to pay the City of Dubuque, Iowa for their portion of vacated Prospect Street the sum of One Thousand ($1,000.00) Dollars each to be paid by the petitioners. Accordiogly, this matter should be .considered settled and I have commenced the preparAtion of SpecialSt>'tSiom, Febrwu-y 18, 1974 - proceedings to jmptement ;;'"funw.mmn of this transaction. Respectfully submitted, 11. N. Russo City Attorney G>UDCjman Justmann moved lbat the communication be re- _"ed ~d moo. Seconded by Councilman Stackis. Carried by the foUowj¡¡g wte: ¥.... - Mayor Thoms, CounciI- men Brady, Justmann, LuBdb. Stackis. Nays-None. OItDUl.ulCE NO. --14 .u.J œDlNANCE VacatiBg a pwÜI>B -ol Prospect Street :beisag !bat portion 'Of Voœted Prospect Street between Let 32 nd Lola II!, 39, 40 and 41 ill Coriell's Du- buque, new pbltted and knðWR as ItoI 32 Å .and Lot 40 A ÎI1 Coriell's Ðulluque, in the Qty of Dulntqve, Iowa, presented and read. CoawciIman JuatmallU moved that the reading just had he .,.,... sidered the first reading of the Ordinance. Seconded by Council- 8IIUl Brady. Canied by the Milo.... ill!: vote: Yeas -KaJ'C>r'l'OOms, CaIInciI- met! Brady, Jus/ø.uu¡, Luadh, Stackis. Nays--None. Councilman Justmann moved that the rulereq1li1:tllf an Ordi- lWICe to be read on d1ree separate 1Iay$ be waived. Seconded by COWl- ci1m... Brady. C&-riedby the fol- IoMng "ote: Ye.. - Mayor TàoIm, C0uncil- men Brady, '¡ustanann, ÙIUIÜ1, StIo:Icis. Naya-NoIIC. Councilman Jnstmann mOved that a public hearing be held on the Ordinance <>11 March 18, lW4, at 7:30 o'clock P.II:. io the Coun- cil Chamber at the Ctty Hall BJ1d that the City Clerk be Instructed to publish notice of the heariog io the manner reqllÏDei bylaw. Seoonded Qy {)ouncilman Brady. Carried by the following ,,<lie: Yeas- Mayor Thoms, Council. men Brady, Jostmann, Lundb, Stockis. Nays-None. Petition of Alpha Pbi Omega NatiOlllÚ Service Fraternity of Loras <:Ollefe requesting permis- sion to sponsor annual Sbamrøcks for Dystrophy Drive.... lIIarch 16, 1974, presented and rea!!. Mayor 107 Thmns moved that the request be approved and refen-ed to tbe Man- ager for implementation. Second- ed by Councihuan Justmann. Car- ried by the following vote: Yeas - Mayor Tboms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Petition of Henry Gerdts Jr. reo questing a refund on tbe unex. pired portion of cigarette license No. 193, as he has discontinued busine.. on February 5, 1974, pre- sented a.nd read. Mayor Thoms moved that tbe refund be granted and the Audi. tðr instructed to issue proper war. rant. Seconded by Councilman Justmann. Carried by the follow. ing vote: Yeas -Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Attorney Dave Clem. ens, for CW Enterprises, forward from last meeting, requesting reo considerati<>n of a revocable per. mit fur property in DeLuxe Cot- tage Court that carries a price of $750 as set by tbe former Coun. cil, whicb seems to be exorbitant, presented and read. Attoruey Clemens presented an aPJll'Bisal 011 the property (Jf ~OO. Mayor Thoms moved that the amvunt of tbe permit be reduced to $400 and referred to the City Attorney for proper proceedings. Seconded by Councilman Just. mann. Carried by the follnwiog vote: Yeas - MaYDrThoms, Council. men Brady, Justmann, Lundb. Nays-Councilman Stackis. RESOLUTION NO. 61-14 WHEREAS, the City of Dubuque has secured an Easement Agree. ment from Dlinflis Central Gulf Railroad CoIUPany io connection with the instaUation 01 the South Dubuque Interceptor Sanitary Sewer; and WHEREAs, said Easement Agreement sbould be approved and delivery thereof be accepted; NOW, THEREFORE, BE IT RE- SOLVED by tbeCity Council of the City of Dubuque, Iowa: Sklion I. TbIrt the Easement Agreement by and between Illinois CentrB! GnIf Railroad Company and the City of Dubuque, Iowa, ----- lOB Special Session, February 18, 1974 dated February 7, 1974,be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are here- by authorized and directed to exe- cute said Easement Agreement for and on behaif of tbe City of Dubuque, Iowa, and that delivery of tbe Grant of Easement is here- with accepted. Section 3. That the City Clerk be and he is bereby authorized and directed to cause said Grant of Easement to be recorded in the office of the Dubuque County Re- corder. Passed, approved and adopted this 18tb day of February, 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of tbe resolution. Seconded by Councilman Lundh. Carried by tbe following vote: Yeas - Mayor Tboms, Council- men Brady, Justmann, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of Receipt of Proposals for the construction of the East 4th Street Extension Sanitary Sewer, presented and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Staclds. Carried by the following vote: Yeas - Mayor Thoms, Conncil. men Brady, Jnstmann, Lundh, Stackis. Nays-None. February 14, 1974 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 a.m., Thursday, February 14, 1974, for the East 4th Street Extension Sanitary Sewer from 6th Street easterly 1280 feet. The lowest bid was entered by Tschiggfrle Excavating of Dubu- que, Iowa. Their bid was 15.68% below Engineer's estimate. I I recommend that the contract .1 ~ IUJI'IIJII~.""IIJ".e..._,-",>.....-...>..,," for the improvement be awarded to the Tschiggfrie Excavating. Gilbert D. Cbavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded -by Councilman Stackis. Carried -by the following vote: Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Lundb, Stackis. Nays - None. (Awarellng Contract) RESOLUTION NO. 62.74 WHEREAS, sealed proposals have been submitted by contractors for the EAST 4th STREET EXTEN- SION SANITARY SEWER pursuant to Resolution No. 21-74 and notice to bidders published io a newspa- per published in said City on Janu" ary 25, 1974 and February 1, 1974; and WHEREAS, said sealed Proposals were opened and read on February 14, 1974; and it has been deter- mined that the bid of Tschiggfrie Excavating of Dubuque, Iowa io the amount of $13,590.00 was the lowest bid for the furnishing of all labor and materials and perform- iog the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED -by the City Council of the City of Dubuque that the contract for the ahove mentioned improvement be award- ed to Tschiggfrie Excavating, Du- buque, Iowa and the Manager be and he is hereby directed to exe- cute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors hond the City Treasurer is authorized and iostructed to re- turn tbe bid deposits of the unsuc. cessful bidders. Passed and adopted this IBtb day of February, 1974. Allan T. Thoms Mayor C. Robert Jnstmann Alvin E. Lundb Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Special Session, February 18, 1974 Mayor Thoms moved adoption of the resolution. Seconded by Coun- eIlman Stackis. Carried by the foJ- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 63.74 APPROVAL OFFICIAL REPORT OF MUNICIPALITY FOR MU. NICIPAL STREETS AND PARK. ING FOR 1973. WHEREAs, an official report of I Municipality for Muncipal Streets and Parking for the City of Du. buque from January 1, 1973 to December 31, 1973, has been duly prepared in aCCOrdance with Chap- ter 312.14 Road Use Tax Fond, Code of Iowa 1973, and submitted to this Council for approval, and WHEREAS, this Council has ex- amined the Official Report of Mu- nicipality for MuniciPal Streets and Parking from January 1, 1973 to =,m~~ e~n~~~::~~~o~ I for 1973, along with a street bond listing supplement. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Official Re- POrt of Municipality for MuniciPal Streets and Parking from January 1, 1973 to December 31, 1973 for the City of Dubuque, Dubuque, County, Iowa, be and the same is hereby approved. Passed, adopted and approved this 18 day of February 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundb Emil Stackis C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun. cilman Stackis. Carried by the fol- lowing vote: Nays - None. RESOLUTION NO. 64-74 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 tbe compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT J. F. K. Foods, Inc., dba Pizza Hut of Dubuque also Sunday Sales, 2075 J. F. K. Drive Dennis Albert Altbaus, dba Tbe Family Beer Store, 1575 Central Ave. Passed, adopted and approved this 18th day of February 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert JUstmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded -by Coun. cilman Lundb. Carried -by the fol. lowing vote: Yeas - Mayor Thoms, Council. men Brady, Jnstmann, Lundb, Staekis. Nays-None. RESOLUTION NO. 65.74 WHEREAS, applications for Beer Permits were filed by the withio 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 compJy with the Ordioances 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 J. F. K. Foods, Inc., dba Pizza Hut of Dubuque also Sunday Sales, 2075 J. F. K. Drive Dennis Albert Althaus, dba Tbe Famity Beer Store, 1575 Centra] Ave. 109 110 Special Session, Febrwuy 18, 1974 Special Session, Febrnary 25, 1974 111 Passed, adopted and approved this 18th day of February 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundb Emil Stackis C. Robert Justmann Councilmen CITY COUNCIL OFFICIAL Specla' Session. Febnlary 25, 1974. Council mat at 7:3~ P.M. (CoD.T.) Present_aror Thoms, Counoil. _n Brady, Justmann, LWMlh, Stac:ltls. City Man_r Gilbert D. Ithavenell.. Mayor Thoms read the call and stated that service thereof had been made and this meeting is call- ed for the purpose of ACCEPTING A PRESENTATION OF VARIOUS LAND FILL SITES, and acting up. OD such other business as may properly come before a regular meeting of the Council. COmmunication of Mrs, Merle Pteiler complimenting !be Council on their decision relative to Ecu. menical Housing, "Dubuque his a beart" presented and read. Mayor Thoms moved that the communica. tion be received and filed. Second- ed by CO1Dlcilman Lundh. Carried by the followiog vote: Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Lundh, Stackis. Nays - None. Communication of W. J. Lux complimenting the Council and Transit Board for their forthright approach to the problem of bus transportation, presented and read. Mayor Thoms moved tbat tbe com- munication be received and filed and a copy be sent to Mr. Bill Kohler, manager of the bus sys- tem. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, LDDdb, Staeki& Nays-None. Communication of Planniog & Zoning Commission submitting mioutes of their meeting of Janu. ary !:t, 1974, presented for the record. Seconded by Councilman Brady. Carried by the folltnving >ote: Yeas - Mayor Tboms, Council. men Brady, Justmann, Lundh, Staekis Nay" - None. Prlnted Council proceedings for tl\e month of December 11173, pre- sented for approval. Mayor Thoms moved that the proœedings be ap- Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun. cilman Lundh. Carried by the fol. Itnving vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. Councilman Brady requested that the City Solicitor be instructed to revie.w the present Zoning Ordi- nance with the intent of revising that sector of the Ordinance relat. ing to Clubs, Lodges and Pbilan. trophic groups with the intent of revising the Ordinance to limit the useage of items not otherwise spec- ifically set out in the Ordinance. Mayor Thoms moved that the reo quest be referred to the Planning & Zoning Commisaion. Seconded by Councilman Jnstmann. Carried by the following ""te: Yeas - Mayor Thoms, Council- men, Brady, Justmann, Lllndh. Stackis. Nays - None. There being no further business Councilman Justmann moved to adjourn. Seconded by Councilman Stackis. Carried by the followiog vote: Yeas - Mayor Thoms, Council. men Brady, Jnstmann, Lundh. Stackis. Naya - None. Leo F. Frommelt City Clerk Approved Adopted 1974 1974 """"""""'¿;;;ciï~""-""""""'" Attest: """"""""""""""""""""""""" City Clerk. - . ......--.....-...--...,." proved as printed. Seconded by Councilman Stackls. Carried by the following vate: Yeas - Mayor' Thoms, C<>1m<11- men Brady, Jnstmann, Lundh, Stac!r:is. Nays - None. Communication of Area Council of Governments 9Ul>mil'ting actions taken at tben-. meeting of Febru- ary 20, 1974, endorsing tbe efforts that the Citr has made toward solviog the ""lid wast(! disposal problems for tbe entire County, also that tbe Area Council of Gov- ernments encom-age joint partici- pation in further efforts toward in- stttutinJ;' solid' waste management and other ventures and further that Dubuque he eD1'Ourag!d to join the Area Cmmcil of Govern- ments, presented and read, Coun- cilman Jnstmamr moved that the City accept the invitation and iaio the Area Council of Governntents subject to appruval of the City Solicitor after review of the By- Laws and Organizational structure. Seconded by Councilman Stacfrjs. Carried by the follMoing ..,te: Yeas - Maym- TIIoms, Council- men Bradr, Jnstmann, Lundh, Stackis. Nays-None. Communication of M'rs: Ray Pfeiler objecting to tile County Home area land fill site, presented and read. Mayor Tboms moved that the communication be received and filed and referred to the Engineer- iog Department. Seconded by Coun- cilman Jnstmann. Carried by the following vote: Yeas - Mayor Thorns, Counctl- men Brady, J'ustmann, Lnndh, Stackis. NayS-None. Communication of City Engineer White submitting a preliminary Engineering report on Solid Waste Disposal Facilities for the City, pre- pared by Henningson, Durham & Richardson, in aecordanee with the executed agreement dated 5eptem- her 1, I!J71, presented and read. Councilman Slackis moved thm the report be received and filed. Seconded by Councilman Juotmann. Carried by the fOllowing vote: Yeas - Mayor Tho_, Council- men BradT, J11!tmann, LundlI, Stacki&: Nays-None. Councilman Justmann mOTed that the rules be suspended in or- 112 Special Session, February 25, 1974 del' to let anyone present address the Council if tbey so desire. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Lundb, Stackis. Nays-None. Consultants Bill Kasak of CUllen, Kilby Carolan &. Associates pre- sented a map showing fourteen dif- ferent sites for possible land fill consideration. Mr. Harvey Funk of H. D. &. R. submitted slide presen- tations to the assembly showing various methods of waste disposal. The County farm land fill site seemed to be the best of all pos- sible sites for the City. The site proposed at the County Farm is the shortest haul distance from the City of three locations selected for fioal consideration. The cost of the County landfill site would be $486,180 per year. The State De- partment of Environmental Qual- ity has given tentative approval of the site. The Waller Farm and a site near the Airport was also con- sidered but both have been reject- ed for various reasons. Attorney Dave Clemens, repre- senting a Dubuque County Farm Group, called the Dump the Dump Committee, spoke against the pro- posed County farm landfill site because it would be placed in the middle of the growth pattern of the CIty. It would also adversely affect the million dollar invest- ment in the County Fairgrounds. Mayor Thoms moved that the rules be reimposed. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Councilman Brady moved that the City of Dubuque invite the County Board of Supervisors and the communities in Dubuque Coun- ty (ACOG) to join with the City of Dubuque in investigating and fioancing a solid waste manage- ment program and that the City of Dubuque ask these governments to form a joiot committee to iovesti- gate shredding, pyrolasis, and fuel conversion on a county-wide shar- ed cost basis. Seconded by Council- man Jnstmann. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council. ----~--- ---_."'....!!.~""""""..."',.",."_..~<,,.."' men Brady, Justmann, Lundb, Stackis. Nays - None. Low Rent Housing submitting minutes of their meeting of Feb- ruary 19th, presented for the rec. ord. Mayor Thoms moved that the minutes be received and filed. Sec- onded by Councilman Stackis. Car- ried by tbe following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of the Five Flags Center Fund Executive Committee r~uestinganopportunitytoma~ a presentation of the progress of the Five Flags Center project, pre- sented and read. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundb, Stackis. Nays - None. Mayor Thoms moved that tbe rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Stackis. Carried by tbe following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Mr. Wayne Norman, Bob Dyer and Ed. Sheppley spoke of the progress being made and what is contemplated for the immediate future for the Five Flags Civic Center. Bids for the exterior res- toration will be opened next Thurs- day, with the work to be started sometime in April. $750,000 bas been collected up to this time and an additional fund raising cam- paign will be started soon,.to bring the total up to one million dollars. Mr. Wayne Norman presented tbe Council with the Five Flags Cen- ter Repo11: consistiog of Architect's ~te,(three~tion~,Resom~ es and Time Schedules. Councilman Stackis moved that the report be received and filed. Seconded by Councilman Just- mann. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Jnstmann, Lundh, Stackis. Nays - None. Special Session, February 25, 1974 Communication of The Iowa De- l VeIopment Agriculture Division re- queotiog the Mayor to act as farm- er for the day on Marcb 25, 1974 IIIdbe the guest of Dubuque Coun- .: ty Po<k Producer President, iMarv- , lID BeclœI'presented and read. eounci1man Stackis moved that tile communication be referred to tile Mayor. Seconded by Mayor ftoms. Carried by the following yO\e: Yeas ,.... Mayor Thoms, Council- ... Brady, Justmann, Lundh, Si8etI8. Nays - None. ,. Communication of State Depart- IOn! of Public Instruction invit- Ing the City to offer a program for êhlIdren through tbe Special Food Service program to provide needy ddIdren with a nutritions meal during the summer months, but it must have a sponsor, presented and read. Mayor Thoms moved that the communication be referred to the City Manager for invC6tigation and report. Seconded by Councilman lUstmann. Carried by the follow- InI vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. February 15, 1974 Honorable Mayor and City Council I herewith submit the reporI8 of Health Department, Water Depart- ment and a list of claims paid for the month of January 1974. Gilbert D. Chavenelle City Manager Councilman Justmann moved thst the reports be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Lundb, Stackis. Nays-None. February 20, 1974 Honorable Mayor and Members of the City Council In accordance with the provi- sions of Cbapter 365 of the 1973 Code of Iowa, tbe Civil Service Commission conducted Promotion- al examinations for Ambulance Driver! Attendant for the Fire De- partment on February 19, 1974. The followiog members of the Fire Department passed tbe writ- ten examination with an average 1:13 of 70% or better and all promo- tions in this category sbould be made from this list. Maroney, Daryl L. ..................95.6% Sullivan, Daniel J. ................95.6% Barry, Patrick A. ....................92.4% Basten, Francis G. ................92.4% Schaefer, Richard C. ............87.0% Vera, Rudolph A. ................70.06% G. B. Noonan Chairman Marvio A. VanSickle Louis F. Fantsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 21st day of February 1974. Violet Savary Notary Public Councilman Juatmann moved tbat the communication be re- ceived and made a matter of rec- ord. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Jnstmann, Lundb, Stackis. Nays-None. February 20, 1974 Honorable Mayor and Members of the City Council In accordance with the provi- sions of Cbapter 365 of the 1973 Code of Iowa, the Civil Service Commission conducted examina- tions for the position of Heating, Ventilating, Air-Conditioniog and Refrigeration Inspectors, on Feb- ruary 19, 1974. The test was given to two appli- cants none of whom received a passiog grade of 70%. G. B. Noonan Chairman Marvio A. VanSickle Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 21st day of February 1974. Violet Savary Notary Public Councilman Jnstmann moved that the communication be re- ceived and made a matter of rec- ord. Seconded by Councilman Stackis. CarrIed by tbe following vote: U4 Special Sessicm, Febmary25, 1974 Yeas - Mayor Thoms, Council- men Brady, Jnstmann, Lundh, Stackis. Nays-None. Febraary 22, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission bas re- viewed the petition of Gleason Me- morials to vacate a parcel of City owned property abutting Lots 6 !hrougl1 9, inclusive of Linehan Park Addtiion, in tbe City of Du- buque, I_a. The Commission has determined tbat this parcel is not needed for any present or future public p)lrpose and bas recoIirmended that it be vacated pursuant to the petition. <nTY PLANNING ANI> ZONING COMMISSION Daniel Dittemore Development Planner Councilman Jnstmann moved that the recommendation be re- ferred to the City M1lnager. Sec- onded bY Councilman Stackis. Car r!ed by the followiog vote: Yeas - Mayor Tboms, Council- men Brady, Jnstmann, Lundh, Starns. Nays-None. Progress report of Operation New View dated Fehruary 7, 1974, presented and read. Councilman Justmann moved that the report be received and filed. Seconded by Councilman Stackis. Carried by tbe following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Notice of claim of Floyd D. Her- endes, in the amount of $470.62, for expense incurred as the result of a sewer back..up at 2410 Shiras Ave. on January 8, 1974, presented and read. Councilman Brady moved thst the claim ,be referred to tbe City Solicitor for iovestiga- tion and report. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council. me.. Brady, Justmann, Lundh, Stackis. Nays-None. February 20, 1974 Honorable Mayor and Councilmen The Dubuque Planning and Zon- ing Com.nU£sion hasbeld a puIilie hearing on the petition of !II!r. ~-~-., .IlL..""........",..."",......."",.....",...". James Gruber to include" "POrtion of his property on Dorgan Place in subsection (i) of Article IV, Sec- tion 2 of the Zoniog Ordinance. This property is legally described as Lot I of Lot lA of Dennis Dor. gan Subdivision in the City of Dubuque, Iowa. The _posed or- dinance amendment would permit the property to be used for off- street parking vithin a Multiple Residence zoning district. Nt>tification <>f the proposed Change was sent by certified mail to 12 owners of nearby property. There was no oral or written 01>- jection to the proposal. The Commission has determioed that the use of this property for off.street parking is appropriate. It is the recommendation of -the Planning and Zoning Commission that the petition be approved. CITY PLANNING AND ZONING COMMI8SION Danjel Dittemore Development Planner Councilman Justmann moved that the communication be re- ceived and filed. Seconded by Ma- )'Or Thoms. Carried by the follow- iog vote: Yeas - Mayor '!borns, .council. men Brady, .fustmann, Lundb, Stackis. Nays-None. ORtlINANCE No. -74 An Orelina"ce Amending Zoning Orelinance No. 3-34 known as the Zoning Map Orelinance of the City of Dubuque, I_a, by _in. Article IV SectIon 2- ScIb_tion (i) thereof to indude Lot I of the Sub. of Lot IA of De....s DoI'!IØI Subdivision to permit off-street parking, pre- sented and read. Councilman Justmann moved that the reading just had be con. sidered the first readiog of the Ordioance. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Jnstmann moved that the rule requiring an Ordi- nance to be read on three sepa- rate days be w.aived. Seconded by )byor Thoms. Carried by the fol- !<>wing vote: Speçiaj S~(lI), Ji"ebnwy 2.5, 1974 us o,lV"ep - IIII~Qr Thoms, Council. 1M" Bra<ly, J~tmann, t,undp, SiWIQ~. Nays-None. "Cf/l/.QQilman Justm.un moved tllat,", pu)¡!ic bearing I¡e held on ihe Ordinance on March 18, 1974, at 7:30 o'clock P.M- in. the CQun- ci¡.Cna\ll~r at the City Hall and ~ t.Iw City Clerk be instructed tp"pI.IbIù¡lI notice of the hearing iQ.;the manner require<l by law. 5\WD'Ideej by Mayor Thoms. Car- mð ny the following vote: ¡, X4U - Mayor Tnoms, Council- -, 13rady, Justmann, Lund¡, S/¡Ickif, ,N\lys.-NoQe. ORDINANCE NO. 15.74 Än Ordinance authorizing Rich- ~reI ~ohina to construct 0 chain ,pi< "'nce at 2513 Wlndso. Ave- nue, presented and read. Councilman Justmann moved that the reading just had be con- side"" ,tile f.irst ren<ling of the Ql'djnaQCe. Seconded by Coun<:il- ~. Stacki:;, Carried by tne fol- wwl¡¡¡: votQ: . Y~a¡¡ - Mayor TI¡om~, Council- ni~. 1\rady, Justmann. Lundh, Sw.c)¡,i~, NaYIi-NQne. . CIIw¡clbnan Juslmann moved that the rule requi¡ing an Ordi- n¡¡nce to be read on thTee sepa- me day. be walved. Seconded by Coqncilman Stac~. Carried by the following vote: Yeas - Mayor Thorn., Council. iii... Brady, Justmann, LUltdh' St8ckis. Nays-None. QRDINANC8! NQ. 15-74 AN ORDIN.o\NCE .o\\JTHORI2ING I Rich"d Zohi., TO CONSTRUCT, ch,;" li.k f<nco " >f" Wi.d.or Av<. NOW THl!REFOflE BE IT ORDAIN- ED BY THB CITY COUNCIL OF THE CITY OF D\1IUQUII, IOWA, SECTION I. TIo., !lich"d Z,hin, " 0"""" of the p..mi." known" 1Il."0 2"-6" of Lot 27 in 5,,"1.,.'. lId<l.. i. the City of Dubuque, low. Ix, ",d they ,.. be..b, ~r..ted the ..vocable I"'rmit uid .utherity ., conmuct ,.d m>in"in 'M,;" link fmee " 0. City ,-v on HoOty Stt"t under tho unn. ,.d condi- tio.. '" fonh in th;, O"lin.noe. . S¡¡¡;nON ¡, Th,. ouch con"tu,tion .h,1I Ix <10" in ",cQ,,¡'nce wi," p¡'n. here<QI." .ubmi"ed ¡,y per",i"". ,nd 'pp,ov<d by Cicy M,n'~er, under the .up- e,.;".. ond dIrocdon of the City M.n.g- ", ..d in ""otd.." with .n 'ppli"ble .to" 'nd fedenl I,... ,.d ..~uI"ion', 'od the Ordin'nco, of tOe Gty of I,)u- b..... SECTION J. TI"t the por,.;,,¡.. herein g,.."d i. exp",.ly _ditio..d on 1"'" mi.",. "I'_nt t., ,j A'....e ..y ",d '¡IU,bility fot d,m. '50' to pe""", °' pmpe"y which ...y -It from the "~t<n,,, I"",. tien, """n,tio., CO"'",ction ot m,i.ten,.", of .'¡d Q";,, link f<nco " .. G,y r-w on Heo;y S""'t; b) To p'y on beh,]f of ,"e ci" of Du. buq.. ,n 'Um' which the City of Du. buq.. ,h,II become oblis"ed to p,y by te"<'o of the li,billty impo..d up. 0. the Gty of I,)ubuq.. for d,m,s" of 'ny ki.d r".Iting ftom the loc,. tion, ¡o",n"io.. exi","c~ COO"tuc. tioo ... '"""'<n'nce of ..id ch,in link fence J' on CIty ,.w on u..'y Street, ..,e,;",d by 'ny pe"oo Ot pe"..., "u..d by "çid",' 0' ..hee wi.., to defend" ito own "pe.., ,.d On ÞeJ¡.lf .1 om City of pu. buq.e ,ri,;"" ,." o{ the loc"ioo, in. ,'.u"iqn, exi","c" 'O."{UctiO. Ot ..>in"..oce of ch'¡n IiAA f.... ,. On City r.w ou lie...y ~t"'t ..d to P'Y ""nn,bl, morney f"" ,"eref.,,; c) To ind""nify ,nd o,ld City of I,)u. ::/":n f;;:':~dlo~.:'\'i;b\!it:'~;:d ::: pen.. fe, injuri" to thi,d pe"on' Ot d.m,... to propetty of tbi,d pmon., or for d,m,.e to 'ny ptopetty .f City of Dubuque whIch ..,y OCcUt .. . "'ult of or In co.nection whh the lo"tioo, in.un"ion, co..truc,ion. m,inten'nce 'nd ,epai, of the f"iI. I", work or Ünprovement petmitted heecio. ~~ÇTION 4. 111" th, l<rm"'ion he,.. in gunt<d " "F""'¡y conditlooed .POn pe""itt.., futther 'gr_ent '0" ,hould ,he righ, ,nd privilege h...in sun"d b. r"cinded Or revoked by th, City Coundl, pennlt,..., or ,heit 'u_.." in in""", .. ow.."' 01 toe ,b.tting prøpetty, ,h'¡l within ten (10) d,y, ,ftc, "«i.. of written notice from the C4y M....,r, .0 to do, " their nwn eOI"'",e, 'emqve "id ch'¡n link fence J' 00 City r-w on lienty St""'t 'nd in tbe ovent of thdt f,lIu" .. to do, the City nf Dubuq.e .h,n be ,u,"otioed t. remove "id ch,i. link fen.. J' .. GilT r-w, .t.....,¡t"". ox""'.. ... '"'1"" ./ ,h. ""', ODd d,e I'eemi'...' .o¡! MV, .. cI..m ""mt th, City or ito 'g.." for d'.m~ ",oJtiog f,o... the to. mo..1 0/ .,¡d cb,in link to... J' °, City t.w. SECTtON ,. Pennlt"" coven,nt 'nd 's,.. th" ,he revocoble pennit heeein g,..ud dOt, not eo."'tote ,. .¡>pro..1 of the deoign, er"tion, loc"ion, con""'.tinn, rep';r °' m,inten,o.. of "id f"illty 'nd ::~ ::',";.~t:;,::~e~r'i~:;V:'d.~e::d ,;~[~:: tho City of Dubuque i. the event of chim ",.."d fot pet..n'¡ i.jud" ..d. or pmp- etty d=,5O 'g'¡n" the pe,mitt", "i.ing out nf °, in "y w,y co.nocud wi,h th. 116 Special Session, February 25, 1974 lac"io", in",l!.rion, conmucrion, d"ign, "p.ie ..d m.in"..nco 01 the hcility h"cin peemitted. SECTION 6. Th¡, Oedin..co .h.1I boo come eHmi.. ..d the righu h"ennd" ""ne to Rich"d z,hin. when thi, Oed- ¡..nco h.. boen .dop"d by the City Conncil ..d the "em' .nd condition' the"ol "cop"d by peemitte" by ."'pt- .ace oodo"ed on thi. Oedin.nc~ P"",d, .ppen..d .nd .dop"d th¡, 25th d.y 01 Febeu...y, 1973. AI!.n T. Thorn, M.yoe C. Rob", Ju"m.nn Alvin E. Lundh Emil Stocki, J.m" E. Budy Councilmen ATTEST, Lro F. Feommolt, City CI"k ACCEPTANCE OF ORDINANCE NO. "-74 The undenisn<d bnins md ..d b<ing I.mili... with the "nn, ..d condition. 01 Oedin..co No. .,.74 h"eby, foe them",lv,", th<ie ,uco","" oe ."igno, ". copt the ..me ..d .se" to bo bound by tbe <nndiriono ..d 'g"emoot thecein con. toined to bo peeloemed by pennitt",. D"ed Mmh I, 1974 BY, (,j Rich...d John z,hi.. Penpetty Own" Publi,hed offici.lly in the Tolegtoph Hm!d New,p.pet th¡, 8th d.y 01 Mmh 1974. Lro F. Fenmmelt City CI"k It. J.8 Councilman Jnstmann moved fioal adoption of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Tboms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of The National Foun- dation March of Dimes requesting permission to grant the Northeast Iowa Chapter a parade permit for April 20, 1974, presented and read. Mayor Tboms moved approval of the request subject to implemen- tation by the City Manager. Sec. onded by Councilman Justmann. Carried by the followiog vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Memorial Day Com- mittee requesting permission to conduct a parade on May 27th, presented and read. Mayor Thoms moved approval of the request .~-,-~~_. .lJllI'.II."II"'f;"'"""""'""""",~",,,. subject to implementation liy the City Manager. Seconded by Coun- cilman Justmanu. Carried by the following vote: . Yeas - Mayor Thoms, Council. men Brady, Justmann, , Lundh Stackis. ' Nays-None. Petition of Oxus Grotto request. iog permission to place cannisters in local business establishments with consent of owners, receip~ of which will be used for victims of cerebral palsy and del).tistry fot 'the bandicapped, presented and read. Mayor Thoms moved ap. proval of the request subject to implementation by the City Man. ager. Seconded ,by Councilman Justmann., Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 66-74 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the followiog haviog complied with tbe provisions of law relating to the sale of Ciga. rettes within tbe City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Aquioas Institute School of Theol- ogy, 2570 Asbury Street Mississippi Valley Truck Center, 380 East 4th Street BE IT FURTHER RESOLVED that tbe .honds filed with the ap- plication 'be approved. Passed, adopted and approved this 25tb day of February 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowiog vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-Councilman Justmann. There being no further busioess Councilman Stackis moved to ad- journ. Seconded by Councilman Special Session, February 25, 1974 117 Justmann. Carried by Ihe follow- Ing. vote: Yeas - Mayor Thoms, Council- 1CnBrady, Juatmann, Lundh, Stackis. Nays-None. Leo F. Frommelt City Clerk Approved ................................1974 Adopted ..................................1974 ............................................................ .."........................................................ """""""""""""""""""""""""""'"", """""""""""""""""""""""""""""" """"""""'ëiöüii~U;;;ëñ"""""""""'" Attest: """Ciïÿ"ëïè;¡:"""""""""""