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1974 September Council Proceedings 454 Special Session, August 26, 1974 Passed, approved and adopted this 26th day of August 1974. Allan T. Thoms Mayor James E. ,Brady C. Robert Justmann Emil Sisckis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Second- ed by Councilman Lundb. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmsnn, Lundb, Sisckis. Nays-None. There being no further business, Mayor Thoms moved that the meet- ing be adjourned. Seconded by Couneilman Lundb. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Sisckis. Nays-None. Leo F. Frommelt City Clerk Approved ....................................-. Adopted ......................................-. Mayor Councilmen Attest: """""'ciiY"ci~;k"""""""" Regular Session, September 2, 1974 455 CITY COUNCIL! OFFICIAL I Session, September 2, Regular 1974. No members of the Council being present the meeting was adjourned subject to call. Leo F. Frommelt City Clerk Approved ................................19--. Adopted ..................................19--. Mayor ............................................................ Councilmen Attest: ..............................,................... City Clerk 456 Adjourned Regular Session, September 3, 1974 CITY COUNCIL OFFICIAL Adjourned Regu,lar Session, Sep- tember 3, 1974. Council met at 7:30 P.M. (CoDoTo) Present-Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. City Manager Gilbert D. Chavenelleo Mayor Thoms read the call and stated that service thereof had been duly made and this is An Adjourned Meeting of the Regular Meeting of September 2, 1974, called for the purpose of acting upon such business as may prop- erly come before the meeting. Mayor Thoms read and signed a proclamation, proclaiming the week of September 1 thru 7, 1974, as Dubuque Symphony Week. I August 29, 1974 To the Honorable Mayor and City Council Re: Development Program, Sanitary Landfill The consu1ting firros of Henning- son, Durham and Richardson and Cullen, Kilby, Carolan and Associ- ates have completed their supple- mental engineering report on Solid Waste Disposal Facilities. The Consultants and the Landfill Technical Committee have com- pleted a thorough and comprehen- sive study of these specific sites in accordance with your directions. Attached hereto, is a copy of a drafted Resolution which may be an appropriate course of action in the further development of this program. The drafted Resolution would accomplish the following: 1. Approve the proposed site as recommended by the staff and the consultants. 2. Direct the Manager and staff to proceed with the permit appli- cation to the State, secure the re- view and approval of the County Board of Supervisors and the Du- buque Area Council of Govern- ments, and authorize the City At- torney to proceed with eminent domain proceedings subject to the receipt of preliminary state ap- proval. The staff and the consultants are prepared to make a formal pre- sentation at the Council Session of September 3, 1974. The Dubuque County Supervisors and the Du. buque Area Council of Govern- ments have been invited to be in attendance. We would respectfully request y<)ur consideration of the attached Resolution at this regular session of the City Council. Gilbert D. Chavenelle City Manager Councilman Justmann moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Lundh moved to sus- pend the rules to let anyone pres- ent address the Council if they so desire. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Consultant Frank Borchardt of HenningSOn, Durham & Richard- son (HD&R) addressed the Council advising of three landfill site pos- sibilities under consideration; Mu- nicipal Airport, the Dave Waller Farm and the Jack Gantz Farm, both West of town on Highway #20. Mr. Borchardt pointed out that after issues of Access, Waste Centroid, Haul Distance, Safety, Urhanization, Zoning, Visual, own- ership, Life of Site, Operation, Waste Volume, Site Obstruction, Drainage, and Geology had all been considered, the Gantz Farm was the better landfill site of the three. Mr. Borchardt also stated estimated Total Annual Disposal Costs were: Airport----$257,150.; Waller Farm---$272,595.; Gantz Farm---$260,768., and estimated Total Annual Haul Costs were: Airport---$691.060.; Waller Farm- $506,920.; Gantz Farm---$506,920. Total of Acres available were: Air. port--1l9 acres; Waller Farm- 81.5 acres; Gantz Farm-92 acres. RESOLUTION NOo 315.74 WHEREAS, the City of Dubuque has, through an order of the Iowa State Department of Enviromnen- tal Quality, until July 1, 1975 to Adjourned Regular Session, September 3, 1974 457 acquire and be operating on an ap. ney of the City of Dubuque be proved Sanitary LandfiJ1; and and is hereby ordered to institute WHEREAS, the City of Dubuque eminent domain proceedings fomh- has placed on file with the Iowa with and directed to do any and state Department of Enviromnen- all things necessary and inciden.. tal Quality, Solid Waste Division a tal to said eminent domain pro- preliminary plan to secure and de- ceedings. velop said Sanitary Landfill; and Passed, adopted and approved WHEREAS, the firm of Hen- this 3rd day of September, 1974. ningson, Durham and Richardson Allan T. Thoms bave prepared and submitted to Mayor the City of Dubuque a detailed stu- James E. Brady dy and supplemental report on C. Robert Justmann specific sites for a Sanitary Land- Alvin E. Lundh fill and included in said reports Emil Stackis a recommendation to secure the Councilmen necessary approvals to utilize the Attest: Gantz site as the proposed Sani- Leo F. Frommelt tory Landfill for Dubuque County; City Clerk and , Councilman JUSItmann moved WHEREAS, the CI.ty Manager adoption of the Resolution. Se- and Technical Comnuttee concur conded by Councilman Lundb. Car- ~Iih the consultants recommenda- ried by the fallowing vote: tiO;;~w, therefore, be it resolved Yeas - Mayor Thoms, Council. by the City Council of the City of ~~::n Brady, Justmann, Lundh, Dwbuque, Iowa; that the Gantz site N s. N is hereby approved as a proposed ays -- one. Sanitary Landfill site and that the COUNCIL recessed. at 8:15 P.M. Manager and staff are hereby di- to gIve Area Council of Govern. rected as follows: ment (ACOG) Group an opportuni- 1. To proceed with the neces- ty to consIder the propo...1 of the sary documentation to apply to Gantz Farm for landfIll SIte. the Iowa State Department of En- COUNCIL RECONVENED IN RE- vironmental Quality for permit ap- GULAR SESSION AT 8:27 P.M. proval of this proposed site. Communication of Area Residen- 2. To request the concurrence of tialCare submiltting a revised list the heretofore described site and of the different types of work adoption of an appropriate Reso- they can do in their workshop, lution by the Dubuque County presented and read. Mayor Thoms Area Council of Governments and moved that the communication be the Dubuque County Board of Su- referred to the Purchasing De- pervisors. partment. Seconded by Council- 3. That subject to the receipt of man Justmann. Carried by the fol- preliminary approval on the per- lowing vote: mit application by the Iowa State Yeas - Mayor Thoms, Council- Depamment of Environmental Qua- men Brady, Justmann, Lundh, lity, that the City Manager take Stackis. whatever steps are necessary and Nays - None. incidental to implementation of Communication of Dubuque Fe- Sanitary Landfill 'acquisition, the deration of Labor advising that real estate thereof being legally September 2nd thru September described as follows: 8th bas been designated as Union E'Is, SEV., mv. Section 1, Label Week by AFL-CIO and re- T88N, RlE, 5 P.M. in Vernon Town. questing the Mayor to sign pro- ship, NEv., NWv., Seotion 6, clamation, presented and read. Ma- T88N, R2E, 5 P.M. Lot 1 SEv., yor Thoms moved that ,the com- NWV., Section 6, T88N, R2E, 5 munication be received and filed. P.M. NWv., NWv., Section 6, Seconded by Councilman Stackis. T68N, R2JE, 5 P.M. and SWv., Carried by the following vote: NWV., Seotion 6, T68N, R2E, 5 Yeas - Mayor Thoms, Council- P.M., in Table Mound Township, men Brady, Justmann, Lundh, all in Dubuque County. Stackis. 4. Further that the City Attar- Nays - None. 458 Adjourned Regular Session, September 3, 1974 Public Notice of U.S. Environ- I mental Protection Agency advis- ingthat Deere & Co. have applied for authorization to discharge in the Mississippi & Little Maquoketa Rivers, permit does not approve a new or additional disCharge, pre- sented and read. Mayor Thoms moved that the Notice be referred to the City Manager, Engineering Department and Health Depart- menl Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of East Central Intergovernmental Assn. taking in- veIJJtory of status of flood insur- ance applications for participation in our region: checking if com- munities intent ,to apply: and if assistance is desired in making ap- plications, presented and read. Councilman Brady moved that the communication bc received and filed. 'Seconded by Councilman stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- I men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of Mrs. Ed We- ber and family thanking Council and Staff on expressions of sym- pathy on the recent death of her husband, employee of the City, presented and read. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Jnsimann, Lundb, I Stackis. Nays - None. Communication of Councilman Justman'll requesting Council and Staff to join with him to produce information of Sanitary Sewers, storm sewer & sanitary sewer sys- tem connections, and storm sewer discharge into River in 4th Street Peninsula area, presented and read. Mayor Thoms moved thaJi the communication be referred to Engineering Department and Plan- ning Staff for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas - May<>r Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of Dave Cle- mens, Ohartman of Advisory Com- mission reporting on their meet- ing of August 27, 1974, presented and read. Dave Clemens addressed the Council, giving an oral report of that meeting. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. August 27, 1974 Honorable Mayor and City Council On August 8, 1974, Doris Sue Churchhill, 2539 Traut Terrace, Du- buque, filed claim against the City of Dubuque, in the estimated amount of $337.55, alleging da- mages to her motor vehicle on June 20, 1974, and claiming said damages occurred as the result of tree limbs being blown on said vehicle. This maltter was referred to the appropriate City Agency who has made investigation thereof and on August 23, 1974, reported to the City A>ttorney's office of no liability on the part of the City. Accordingly, it is the recommen- dation of the City Attorney that said claim be denied. Original claim is returned here- with. R. N. Russo City A>ttorney Mayor Thoms moved that the recommendation of denial be ap- proved. 'Seconded by CounciJmsn Justmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Notice of Claim of Claribel Hut- ton, in an undetermined amount, for personal injuries received in a fall on a defective sidewalk at 1105 Locust St. on July 28, 1974, pre- Adjourned Regular Session, September 3, 1974 459 sonted and read. Mayor Thoms moved that the Notice be referred to the City St>liCÎltor for proper proceedings. Seconded by Council- man Justmann. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Notice of Claim of Mrs. Arthur M. Boardman, in an undetermined amount, for personal injuries re- ceived in a fall on a defective side- walk at northwest corner of Egel- hofs on July 26, 1974, presented and read. Mayor Thoms moved that the Notice be referred to the City Solicitor for proper proceed- ings. Seconded by Councilman Justmann. Carried by the follow- ing v<>te: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays - Noneo Notice of Suit of Tatiana O'Rourke vs. Monte Carlo Restau- rant and City of Dubuque in the amount of $20,000. for personal in- juries received in a fall on a de- fective sidewalk at 378 Main St. on May 27, 1974, presented and read. Mayor Thoms moved that the Notice be referred ,to the City Solicitor for proper proceedings. Seconded by Councilman Just- mann. Carried by the fallowing v<>te: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Notice of Claim of Mike Wilson, in amount of $1)0. for motorcycle damages incurred while being towed by police on August 22, 1974, presented and read. Mayor Thoms moved that the Notice be referred to the City Solicitor for proper proceedings. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundb, Stackis. Nays - None. ORDINANCE NO. 53.74 An Ordinance for the vacation and sale of that portion of an alley at the extreme west end of Cherry Street and running north from the N.PoLo of Cherry Street to the SoPoL. of the 1st alley south of Green Street and abutt. ing Lot 1 of Lot 208 of Finley's Addition (Herbert Heitzman), having been previously read on Ju- ly 8, 1974, and August 5, 1974, pre- sented for final adoption. ORDIN'ANCE NOo 53-74 An O,din=" fo' ,he ..cotion ..d "Ie of th" po,don of = ,lley " the """""e w"t ODd of Chmy Sm" =d ,unning notth f,om the N.P.L. of Cher", Sm" to the S.P.L. of ,he 10' ,lley ,ou,h of G'een S"eet ..d ,bo,dn. Lot 1 of Lo, 208 of Finley'. Addidon. WHEREAS, M,. Herb", F. Heitz- m=, 2475 Chmy S"ee', Dubuqu~ low" h.. peddoued ,he City Coun,,1 of the Ci,y of Dubuque, low, fo, the ..c,- dou of ,lley " ,he ="eme w"t end of Chmy Stmt ,unniug uo,th f,om ,he N.P.L. of Cbmy to the S.P.L. of the lot ,lley ,outh of G,een Sm" iu the Ci,y of Dubuque, low" ,nd fo, the pu'- ch", of "id ...md pottion of ,lley by M,. Herb", F. Heitzm'n; ,nd WHEREAS, ,he Phuning ,nd Zoning Commi"iou of the City of Dubuque, low, h.. mommended the ....don of "id ,lley; ..d WHEREAS, the Ci<y Coun,,1 of the Ci,y of Dubuque, low" dm'mio" th" "id ,lley ,hould be vmted ,nd d..pori- don of "me '0 ,he p"itiooer ,hould be ,pproved ,ubjoc, '° the te'm' =d con.. dido", h"ein,f", ,er ou" NOW, THEREFORE, BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITy OF DUBUQUE, IOWA, SECTION 1. Th" the po,don of the ,lley " the ememe end of Ch",y Stte" in Dubuque, low" running !tom the N.P.L. of Ch"", S"eet to ,he S.P.L. of the 1" ,lley wu,h of Gmn S"eet ,bu"ing Lot 1 of Lo' 208 of Fioley', Addition be ,nd the "me i, hmby v.."ed, ,od the "Ie thmof to M,. H"b", Heitzm'n be ,ud the "me.. hmby 'pptOved. SECTION 2. Th" ,he Ci'y Cl"k be ,nd he i, hmby dite",d '0 publ..h nod" of inten' '0 di'pore of "id ..- c"ed pottion of ,lley '° M,. Herb", F. Hei"m,o fo, ,he ,urn of $200.00 'nd com of publicotion, .umy ,nd 'ny pl"dog com, .ubjoct to ,ll exi,,- ing u,ili,y e"'men" =d th" no ,h- "net will be fu,ni,hed ,ud oonvey- 'n" ,h,ll be qui, cl,im deed. P",ed, ,dopted ,nd ,pp,oved th.. ',d d,y of Septemb", 1974. All,n T. Thorn. M,yo, C. Robert Ju"m'nn J,m.. E. Bndy Emil S"clW Alvin E. Lundh Councilmen Am", Leo F. Frommelt Ci,y Cl"k 460 Adjourned Regular Session, September 3, 1974 Publi,bod offici,lly in m, T,l,.nph \ by Quit Claim Deed, be and ~he Httald N....p'"" dill 17m d,y of Sop- same is hereby approved. "mbo" 1974. Section 2. That the City Clerk Leo .F. F,ommolt be and he is hereby authorized Cuy C¡". and directed to deliver deed of conveyance conveying the above described real estate ,to Herbert Heitzman upon receipt of the pur- chase price. Section 30 That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Re- corder. Passed, approved and adopted this 3rd day of September, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen It. 9-17 Mayor Thoms moved final adop- tion ol the Ordinance. Seconded by Councilman Justmann. Carried by .the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays - None. RESOLUTION NOo 316-74 WHEREAS, pursuant to Resolu- tion of published notice of time and place of hearing published in the Telegraph Herald, a newspa- per of general circulation publish- ed in the City of Dubuque, Iowa, on June II, 1974 and June 18, 1974, City Council of the City of Dubuque, Iowa, met on the 5th day of August, 1974, at 7:30 o'clock P.M. (Central Daylight Savings Time) in the City Council Chamb- ers, eny Hall, Dubuque, IQWa, to consider proposal to disPOse of in- terest of the City of Dubuque, Io- wa, in real estate, hereinafter de- I scribed, to Herbert Hettzman; and WHEJREAS, City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or writ- <ten, to the proposal to dispose of interest of City of Dubuque, Iowa, in the hereinafter described real estate to Herbert Heitzman; NOW THEREFORE BE IT RE- SOLVED BY THE C1TY COUNCIL OF THE C1TY OF DUBUQUE, IOWA: Sec:Hon. I. That the disposal of interest of City of Dubuque, Iowa, in the following described real es- tate, to-wit: That vacated portion of the al- I ley running from the North Pro- perty Line of Cherry Sireet to the South Property Line of the 1st alley south of Green Street, abutting Lot 1 of Lot 208 of Finley's Addition in the City of Dubuque, Iowa, suhject to all existing utility easments, to Herbert Heitzman for the pur- chase price of TWo Hundred ($200.) Dollars, plus costs of publication, survey and any platting costs, sub- ject to all existing utility ease- ments and that nO abstract will be furnished and conveyance shall be 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. August 28, 1974 Honorable Mayor and Councilmen In accordance with the request of Councilman Brady, we here- with transmit for your considera- tion our drajj1: of a suggested amendment to our Zoning Ordi- nance designed to remedy the problems that have been associat- ed with the wording of our pre- sent provisions as regards "educa- tional, religious, and philanthro- pic use" in our Single Family Re- sidence District. A proposed amendment dealing with the same issue was present- ed to the Planning and Zoning Commission earlier this year for its advice and consideration. In reviewing that original amendment proposal, we perceived several se- rious problems concerning the pre- cise wording and probable effect of the amendment, which prob- lems were detailed in a subsequent staff repOit to the Planning and Zoning CQm1Dission and in our la- Adjourned Regular Session, September 3, 1974 461 ter reports to Council. Several sub- Sliitute amendments were drafted by the staff to deal with this prob- lem, but none were deemed en- tirely satisfactory. It was the judg- ment of the Commission and staff, at that time, that the final solu- tion of this matter could best be handled in a comprehensive fash- ion in the new zoning ordinance and that purswt of "stop-gap" mea- sures would not be justified in light of the time and effort in- volved and the probable short life and incomplete effectiveness of any alternative we would fashion. However, we are now aware of a renewed interest on the pal1t of Councilman Brady and other Councilmen to pursue an interim solution to this problem. We have, therefore, enclosed a proposed amendment developed in our ear- lier study which in our judgment represents the most effective and immediate sbort-<term remedy to this problem without involving ex- tensive revision of onr entire Or- dinance. We trust this proposal adequately deals with the concerns of Council and we, of course, will remain more than willing to pro- vide suCh additional explanation or clarification of these matters as may be desired. Daniel Dittemore Development Planner Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. An Ordinance amending Ordi- nance No. 3-34, known as "The Zoning Ordinance and Zoning Map of the City of Du.buque, Iowa", by repealing Section 1 of Article II thereof and enacting a new sec- tion I of Article II in lieu thereof limiting the accessory uses of Edu- cationai or Religious uses and eli- minating Clubs, Lodges, Communi- ty Centers, and Philanthropic Uses as permitted uses in the Single Fa- mily Residence District, presented and read. Counciiman Justmann moved that the reaŒing just had be con- sidered the first reading of the Ordinanee. Seconded by Mayor Tboms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackiso Nays - Noneo Councilman Justmann moved that the rule reqwring an Ordi- nance to be read on three separate days be waived. Seconded by Ma- yor Thoms. Carried by the foUDw- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - Noneo Councilman Jwtmann moved that a public hearlngbe held on the Ordinance on November 4, 1974, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and t'hat ,the City Clerk be in- structed to publishnotiœ of the hearing in the nwmer required by law. Seconded by Mayor ThOIlL'!. Carried by the fallowing vote: Yeas - May<>r Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Petition of the Daughters of the Union Veterans requesting per- mission to sell flowers on Septem- ber 27th and 28th, presented and read. Mayor Thoms moved that the petition be referred to the City Manager fur approval Seconded by Councilman Ju9tmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Ju9tmann, Lundb, StacJds. Nays-None. Petition of WDmen's Reereation Assn. Inc., requeoting a refund of $225.00, on the unexpired portion of Beer Permit No. B-2118, pre- sented and read. Mayor Thoms moved that the refund be granted and the City Auditor be directed to issue proper warrant. Seconded by Councilman Ju9tmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays - Councilman Brady. Petition of Richard Hantelmann requesting a refund of $211.25 on the unexpired portion of Beer-Li- quor License #C-4680, as he has discontinued business on July 13, 1974, presented and read. Mayor 462 Adjourned Regular Session, September 3, 1974 Thoms moved that the refund be granted and the City Auditor be directed to issue proper warrant. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. James A. Wallace, Rit. 2, address- I ed the Council, concerning pollu- tion problems and submitted a list of septic tanks in the City. Coun- cilman Justmann moved that the submission be referred to the En- gineering Department. Seconded by Councilman Brady. Carried by the following vote: Yeas, - Mayor Thoms, Council- inen Brady, Jusimann, Lundh, Stackis. Nays - None. Petition of Dubuque County for suspension of 1973 and first half 1974 taxes for Leona G. Ricken, presented and read. Mayor Thoms moved the suspension be approved and City Clerk be authorized to sign the petition for suspension. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of necessity and public improvements and hear. ing for the repair of Storm Sewer ,on 24th Street between Jackson and Wasbington St., presented and read. Mayor Thoms moved that the pro()f ()f publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Naya - Noneo Decision of Council upon objec- tions to plans, specifications, form of contract Ind cost of im- provements. RESOLUTION NO. 317.74 WHEREAS, proposed plans and specifications and form of contract for the Repair of Storm Sewer on 24th Street (Between Jackson and Washington) have been approved by tbe City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1973, pertaining to public contracts and bonds, and the time and place fised for the hearing of all objections to sa;d plans, specifications or contract for or cost of such improvements, said time being this 3rd day of Septem- ber, 1974; and WHEREAS, the City Council met in adjourned Regular session this 3rd day of September, 1974, at 7:30 o'clock P.M. at the Council Chambers in the Oity Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, speci- fications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 3rd day of September, 1974. Allan To Thoms Mayor C. Robert Justmann James E. Brady Emil Siackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk May<>r Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- Adjourned Regular Session, September 3, 1974 463 men. Brady, Justmann, Lundh, tion of the resolution. Seconded by Stackis. the following vote: Nays-~one. Yeas - Mayor Thoms, Council- (NeceSSIty for Improvement) men Brady, Justmann, Lundh, RESOLUTION NOo 283.74 Stackis. . ~S, proposed plans, speci- Nays-None... f!CatIOns, form of contract have Proof of PublicatIon, certified to been duly prepared and approved 'by the Publisher, of Notice to Con- by the City Council of the City of tractors of the Receipt of Propo- Dubuque and are now on file in the sals for the 24th Street Storm Se- office of the City Clerk showing wer Repair, presented and read. among other things ,the following: Mayor Thoms moved that the 1. An estimate of the cost of proof of publication be received the proposed improvement for the and filed. Seconded by Councilman repair of storm sewer on 24th Stackis. Carried by the following Street (between Jackson and Wash- vote: ington Streets). Yeas - Mayor Thoms, Council- BE IT THEREFORE RESOLVED men. Brady, Justmann, Lundh, that the City Council on its Own Stackis. motion or upon petition of prop. Nays - None. erty owners, deems it advisable August 28, 1974 and necessary for the public wel- To th~ Honora~le Mayor fare to make the hereinmentioned and Oity Council improvement, and unless any in- Pursuant to your inSiroctions, terested person appears and files s~aled proposals were received un- objections to the proposed plans tll 10:00 a.m., Wednesday, August specifications, or have on file with 28, 1974 for the Repair of Storm the City Clerk objections to the Sewer on 24th Street (between amount of the cost of improve- Jackson and Washington Streets). ment, they shall be deemed to The lowest bid was entered by have waived all objections thereto. Tsohiggfrie Excavating of Du- Said improvement shall be con- buque, Iowa. Their bid was 8.83% strueled and done in accordance over Engineer's Estimate. with the plans and specifications I recommend that the contract which have been prepared there- for the improvement be awarded fore by the City Engineer which to the Tschiggfrie ExcavSJting. have been approved by tbe City Gilbert D. Chavenelle Council and are now on file with City Manager the City Clerk. That the cost and Mayor Thoms moved that the expense of making said improve- c?mmunication be received and ment will be paid from the sani- fIled. Seconded by Councilman tation fund. Stackis. Carried by the following The above resolution was intra- vote: duced, approved, and ordered Yeas - Mayor Thoms, Council- placed on file with the City Clerk men. Brady, JUstmann, Lundh, this 29th day of July, 1974. Siackis. Nays - None. RECORD OF FINAL ADOPTION . The foregoing resolution was (Awlrcllng Controct) finally passed and adopted, as RESOLUTION NO. 318.74 proposed, by the City Council this WHEREAS, s.ealed proposals 3rd day of September 1974 have been submItted by contrac- Allan T. Thoms . ~ors for the REPAlR OF STORM Mayor EWER ON 24th STREET (be- James E. Brady tween Jackson and Washington Alvin E Lundh Streets) pursuant to Resolution No. C. Robert Justmann 285-74 ~nd notice to bidders pub- Emil Stackis !lshe? I~ a newspaper published Councilmen m sOld CIty on August 2, 1974, and August 9, 1974; and WHEREAS, said sealed propo- sals were opened and read on Au- gust 28, 1974, and it has been de- termined that the bid of Tschigg. Attest: Leo F. Frommelt City Clerk Mayor Thoms moved final adop- ,ßV" 464 Adjourned Regular Session, September 3, 1974 frie Excavating of Dubuque, Iowa in the amount of $15,784.50 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque th/lll: the contract for the above mentioned improvement be award- ed to Tschiggfrte Excavating and the Manager be and he is hereby directed to execute 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 bond the City Treasurer is authorized and instructed to re- turn the bid deposita of the un. successful bidders. pas.sed and adopted this 3rd day of September, 1974. Allan T. Thoms Mayor James E. Brady Co Robert Jus.tmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundb, Stackis. Nays - None. 'Proof of Publication, certified to by the Publisher, of Notice of Pen. dency of resolution of necessity for public improvement and hear- ing for construction of Century Drive and Bies Drive 8" sanitary sewer, presented and read. Ma- yor 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, Jnstmann, Lundh, Stackis. Nays-None. Statement of City Clerk certify- ing thB.t n<>l:ices of public hearing were mailed by certified mail on August 6, 1974, to property own- ers of record, subject to asse,,- ment for constructing Century Drive and Bies Drive 8" sanitary sewer, presented and read. Mayor Thoms moved that the statement be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lund!>, Stackis. Nays - None. Decision of Council upon oblec. tions to plans, speciflcationa, fonn of contract and coat of im. provements. RESOLUTION NO. 319.74 WHEREAS, proposed plans and specifications and form of contract for the Century Drive & Bies Drive 8 inch Sanitary Sewer have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 23 of the Code of Iowa, 1973, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im. provements, said time being this 3rd day of September, 1974; and WHEREAS, the City Council met in adjourned Regular session this 3rd day of September, 1974, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, speci- fications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested par- ties have been given an opportun- ity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all Adjourned Regular Session, September 3, 1974 465 objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed,adopted and approved this 3rd day of September, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmaun Emil Stackis Alvin E. Lundb 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. (Necessity for Improvement) RESOLUTION NOo 288.74 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The 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, stat- ing the same for each different type of construction and kind of material to be used. 4. In each case the amount thereof which is estimated to be assessed against each lot, for the Century Drive & Bies Drive 8 inch Sanitary Sewer. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems It advisable and necessary for the public wel- fare to make the herein mentioned improvement, and uuless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the speciai benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Sewer Bonds shaUbe issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shaUbe as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 29th day of July, 1974. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 3rd day of September, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundb Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved final adop- lion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. (Ordering Construction) RESOLUTION NOo 320-74 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 288-74 which was 466 Adjourned Regular Session, September 3, 1974 duly passed by this Council, for cilman Stackis. Carried by the fol- the Century Drive & Bies Drive 8 lowing vote: inch Sanitary Sewer, be and the Yeas - Mayor Thoms, Council- same are hereby ordered and con- men Brady, Justmsnn Lundb structed by this Council upon its Stackis. " own motion and with or without Nays-None. the petition of property owners. August 30, 1974 All the work shall be constructed Honorable Mayor and in accordance with the plans and Councilmen specifications her~tofore adopted The City of Dubuque Planning and now on fIle lU the offIce of and Zoning Commission has re- the City Clerk. viewed a proposal to voluntarily BE IT FURTHER RESOLVED annex two parcels of property that the cost and expense of the abutting the "Thomas Farm Addi- said improvements be paid for by bon" described as follows: levying special assessments against Lot 2 of Lot 1 of NWV., North- the privately owned property lying west Fractional V" Section 2, within the assessable distance from T88N, R2E, of the 5th P.M.; and, the improvements, whether such Lot 2 of Lot 1 of Lot 1 of NEV., property abut upon the same or Northwest Fractional V" Section are adjacent thereto, according to 2, T88N, R2E of the 5th P.M., the area thereof and in proportion each in Table Mound Township, to the special benefits conferred, ~ubuque County, Iowa, consist- and any deficiency will be paid lUg of 1.261 acres more or less. out of the sewer funds of the city. Lot 2 of the SElf. of the SElf. Payment will be made to the con- of Section 34, T89N, R2E of the tractor out of funds realized from 5th Principal Meridian in Table the sale of Sewer Bonds to be is- Mound Township, Dubuque sued in anticipation of deferred County, Iowa, consisting of payments of assessments as pro- 14.06 acres more or less. vided by law after the work has The Commission has found that been completed and accepted by the properties are contignous to the City Council. the present City limits of the City BE IT FURTHER RESOLVED o~ .Dubuque: Iowa, and that .mu- that the City Clerk be and he is nlClpal servIces can be !'rovIded hereby ordered and directed to ad- to the area. !h.e Plannmg and vertise for proposals for the con- Zomng CommIssIOn .~as recom- struction of the various improve- mended that the petition be ap- ments herein provided for in the proved. manner provided by law, the said improvements shall be completed on or before the 16th day of De- cember, 1974. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 3rd day of September, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- ------ - CITY pLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner 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. RESOLUTION ANNEXING CERTAIN TERRITORY Noo 321.74 WHEREAS, the owners of an area approximately 14.06 :!: acres in size immediately adjoining the southerly city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city gov- ernment in the way of police and Adjourned Regular Session, September 3, 1974 467 fire protection if said territory is incorporated within the city lim- its of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services if said territory is incor- porated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30, Code of Iowa 1958, authorized the ex- tension of city limits in situations of this character by the adoption of a resolution therefore; and WHEREAS, the future growth, development and preservation of the public health of the City of Dubuque, Iowa, makes it impera- tive that said territory be made a part of the City of Dubuque, Iowa; and NOW, THEREFORE, be it re- solved by the City Council of the City of Dubuque, Iowa, that the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following de- scribed real estate: Lot 2 of Southeast One-Quarter of Southeast One-Quarter of Sec- tion 34 in Township 89 North, Range 2 East of the 5th Principal Meridian in Dubuque County, Iowa. The territory hereby annexed shall become and be part of the Thir- teenth Voting Precinct to the City of Dubuque, Iowa. This area is as shown on the plat attached marked Exhibit "A" and by this reference made a part hereof, said area ,being shaded in 'I yellow thereon. Passed, adopted and approved this 3rd day of September, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo Fo Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundb. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. RESOLUTION ANNEXING CERTAIN TERRITORY Noo 322.74 WHEREAS, the owners of an area approximately 1.261 :!: in size immediately adjoining the souther- ly city limits of the City of Du- buque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city govern- ment in the way of police and fire protection if said territory is in- corporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services if said territory is incor- porated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30, Code of Iowa 1958, authorized the ex- tension of city limits in situations of this character by the adoption of a resolution therefore; and WHEREAS, the future growth, development and preservation of the public health of the City of Dubuque, Iowa, makes it impera- tive that said territory be made a part of the City of Dubuque, Iowa; and NOW, THEREFORE, be it re- solved by the City Council of the City of Dubuque, Iowa, that the territorial limits of the City of Du- buque, Iowa be and they are here- by extended to include the area comprising the following described real estate: Lot 2 of Lot 1 of Northwest One- Quarter, Northwest Fractional One-Quarter, Section 2, Town- ship 88 North, Range 2 East of 5th Principal Meridian; and Lot 2 of Lot 1 of Lot 1 of North- east One-Quarter, Northwest Fractional One Quarter, Section 2, Township 88 North, Range 2 East of 5th Principal Meridian, each being in Table Mound Town- ship, Dubuque County, Iowa. The territory annexed shaH become and be part of the Thirteenth Vot- ing Precinct to the City of Du- buque, Iowa. This area is as shown on the plat attached, marked Exhibit "A", and by this reference made a part hereof, said area being shaded in yellow thereon. ,I 468 Adjourned Regular Session, September 3, 1974 passed,adopted and approved this 3rd day of September, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundb Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundb. Carried by the I following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Proof of Publication, certified to by the publisher, of Notice of Propoaal to Dispose of interest in Lot 153 in Lenox Addition, pre- sented and read. Mayor Thoms moved that the proof of publica. tion be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. No oral or sealed bids were re- ceived. Communication of Dubuque Tran- sit Trustee Board advising of cele- brating their first year of owner- ship on Saturday, September 7th, and reporting that the ridership has increased appreciably, service im- proved and deficits reduced, pre- sented and read. Councilman Just. mann moved that the communica- tion 'be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: yeas - Mayor Thoms, Council- men Brady, Justmsnn, Lundh, Stackis. Nays-None. RESOLUTION NO. 323-74 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Harry Kopple, dba Kopple's Mar- ket, Inc., 1098 University Avenue Passed, adopted and approved this 3rd day of September 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NOo 324.74 WHEREAS, 'applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council: and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to ,be issued to the following named applicants a Beer permit. CLASS "C" BEER PERMIT Harry Kopple, dba Kopple's Mar- ket, lnc., 1098 University Ave. passed, adopted and approved this 3rd day of September 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Aivin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by coun. cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Adjourned Regular Session, September 3, 1974 ---- RESOLUTION NOo 325-74 WHEREAS, applications for Liq. uor Licenses have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap- proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Attest: Regular Session, 64th General As- Leo F. Frommelt sembly. City Clerk CLASS "C" (COMMERCIAL) BEER Mayor Thoms moved adoption of AND LIQUOR LICENSE the resolution. Seconded by Coun- James R. Bainbridge, dba The Ryan ciln;'an Stackia. Carried by the fol. House 1375 Locust Street lowmg vote: America~ Veterans W.W. 11, Ko- Yeas - Mayor Thoms, CouncIl. rea.Vietnam DBA AmVets Post men Brady, Justmann, Lundh, #3 36 East 4th Street Stackis. Pa;sed adopted and approved Nays - None. this 3rd' day of September, 1974. Councilman Stackis moved to re- Allan T. Thoms consider previous action taken on Mayor park board Ordinance at meeting James E. Brady of August 26, 1974. Seconded by C. Robert Justmann Councilman Lundh. Carried by the Emii Stackis following vote: Alvin E. Lundh Yeas - Mayor Thoms, Council- Councilmen men Lundh, Stackis. Attest: Nays - Councilmen Brady, Leo F. Frommelt Justmann. City Clerk . ORDINANCE NOo 52.74 Mayor Thoms moved adoptIOn An Ordinance Amending Orcli. of the resolution. Seconded by nanca No 24-69 known as the Councilman Stackis. Carried by the Ordinance' Regulating Conduct followmg vote: . In Public Parks of the CIty of Yeas - Mayor Thoms, Councll- Dubuque, Iowa, by Amending men Brady, Justmann, Lundb, Section 30 thereof and enectlng Stackis. a ,new Section 30 in lieu there- Nays-None. of to provide for the open sea. RESOLUTION NOo 326-74 son or hours for the respective WHEREAS, applications for Liq- Parks in the Cily of Dubuque, uor Licenses were filed by the Iowa, presented for final adop. within named applicants and they tlono have received the approval of this Councilman Stackis moved that Council, and . the reading just had be considered WHEREAS, the premIses to be the first reading of the Ordinance. occupied by such applicants were Seconded by Councilman Lundh. inspected and found to com~ly Carried by the following vote: with the State Law and all CIty Yeas - Mayor Thoms Council- Ordinances relevant thereto and men Lundh, Stackis. ' they have filed proper bonds, Nays - Councilmen Brady NOW THEREFORE BE IT RE- Justmann. ' SOLVED by the City Council of Councilman Stackís moved that Dubuque, Iowa, that the Manager the rule requiring an Ordinance be authorized to cause to be issued to be read on three separate days to the followmg named apphcants be waived. Seconded by Council- a Liquor License. man Lundb. Carried by the follow- CLASS "C" (COMMERCIAL) ling vote: BEER AND LIQUOR LICENSE Yeas - Mayor Thoms, Council- James R. Bainbridge, dba The men Lundb, Stackis. Ryan House, 1375 Locust Street Nays - Councilmen Brady, American Veterans W.W. I1-Korea- I Justmann. 469 Vietnam, dba AMVETS #3, 36 East 4th Street Passed, adopted and approved this 3rd day of September, 1974. Allan T. Thoms Mayor C. Bobert Justmann James E. Brady Emil Stackis Alvin E. Lundb Councilmen 470 Adjourned Regular Session, September 3, 1974 ORDINANCE NOo 52.74 AN ORDINANCE AMENDING ORDINANCE NO. 24-69 KNOWN AS THE ORDINANCE REGULAT- ING CONDUCT IN PUB LI C PARKS OF THE CITY OF DU- BUQUE, IOWA BY AMENDING SECTION 30 THEREOF AND EN- ACTING A NEW SECTION 30 IN LIEU THEREOF TO PROVIDE FOR THE OPEN SEASON OR HOURS FOR THE RESPECTIVE PARKS IN THE CITY OF DU- BUQUE, IOWA NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, s.cnon ¡, Th" O,din..co No. 24-69 of ,he City of Dubuque, Iowa be ..d the oame " h"eby amonded by """.bns Section 30 the"of and onacting a ntw s.cnon 30 in lieu themf " follow", "Seccion 30. The open ..aron 0' houn fo' the ,,- '¡o«tive puk. and puk facibti" .hall be ""bli.hed by ehe Puk Boud. (a) Eagle Point ..d Flon puk .hall be cl",ed to the public dudng tbe houn hum midnigbt to 7,00 o'clock A.M.; Loui. Muq>hy Puk shall be cIc.ed to the pub!ic dO'. ing the honn from 10,30 o'clock PoM. to 7,00 o'clock A.M. dudn, the "golu puk ..""n ..d F,..k- !in D. Roo..velt Puk .hall be clœed to the public from .umet to 7,00 o'clock A.M. duting tbe "golu puk ..""n. (b) Duting the pedod of time oth" th.. the "gulu open puk ."ron, no p"ron shall ont" 0' "main in ..y puk 0' pukway above named. On th",e oc",iom when wmh" pennin, the above named puk. will be open fo' moving vehicu!u ",Hic on weekday. between ,he houn of ',00 o'clock A.M. ..d 3,00 o'clock P.M. ..d on week- end. feom 12,00 o'clock noon to ,,00 o'clock P.M." Section 2. Th" O,din..co No. 26.74 be and the "me i. h"eby "pealed. P"..d, appeoved and adnpted th" 3,d day of Septemb", 1974. Allan T. Thoma Mayo' Emil S"clci. Alvin E. Lundh Councilmen ATTEST, Leo F. Frommelt City C¡"k Publi.hed officially in the Telegnph Hm!d New.pap" th" 6th day of Sep- tembee 1974. Leo. P. Frommelt City CI"k It. 9-6 Councilman Stackis moved final adoption of the Ordinance. Second. ed by Councilman Lundh. Carried by the following vote: Yeaa - Mayor Thoms, Council. men Stackis, Lundb. Nays - Councilmen Brady, Justmann. There being no further business, Councilman Justmann moved the meeting be adjourned. Seconded by Councilman Bradyo Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays - None. Leo Fo Frommelt City Clerk Approved 0.......0....0......0........0..19--0 Adopted ..................................19--0 """"""""""""""""""""'Mä;;õr""""""""""""'" ..""""""""""""""""""""""""""""""""""""""'" -.......-....-...."......................................"""'" -.......................................................................... """"""""""""""""""""""'Cõiïiïëiïïiïëïï"""" Attest: """"ëiÏŸ"'ëii;;t""""""""""" 471 Special Session, September 9, 1974 CITY COUNCIL' viting submission of the. latest im- I plementahon schedule In the es- I tablishment and operation (}f a OFFICIAL ' sanitary dispos~l project for final dIsposal of solId waste not later Special Session, September 9 than July 1, 1975, presented and 19740 ' read. Councilman Justmann moved Council Met at 7:30 P.M. (CoDoTo) th~t the communication be re- Present - Mayor Thoms Coun.. ce1ved and filed. Seconded by cilmen IBrady, Justmann, 'Lundh, Councilman Stackis. Carried by the Stackiso City Manager Gilbert Do folloWIng vote: Chavenelle. Yeas - Mayor Thoms, Council- Mayor Thoms read the call and men. Brady, Justmann, Lundb, stated that service thereof had Stackis. been duly made and this meeting Nays - None. is called for the purp(}se of CON. To The Honorable May(}r SIDE RING RATIFICATION OF A and City C(}uncilmen PROPOSED AGREEMENT TO PAY A number of complaints have FOR COST OF CODIFYING CITY been received regarding the con- ORDINANCES and acting up(}n dition of a building and premisea such other business as may prop. at 759 Hill Street, Dubuque, Iowa. erly come before a regular meeting On July 25, 1974 an inspection (}f the Council. was made by the Housing Depart- Mayor Thoms read and signed a ment of a two story, single family, proclamation, proclaiming Septem- brick structure and a small con- ber 24 thru October 24, 1974, as crete block accessory building. "United Way Month". At this time the stroctures were Communication (}f St. Paul Am- found to be in violation of the monia Products Inc., objecting to Minimum Housing Oode and there placing a t(}11 on the Julien Du- is excessive deterioration from lack buque Bridge, presented and read. of general maintenance and as a Mayor Thoms moved that the com- result, have become dangerous to munication be received and filed life and health. and referred to the Transporlati(}n On August 19, 1974 an order was Committee. Seconded ,by Council- sent to the owner of record to man Lundh. Carried by the follow- dismantle the structure and clean ing vote: up the premises. The owner is Yeas - Mayor Thoms, C(}uncil- Julien Improvement Company, men Brady, Justmann, Lundb, 1523 Central Avenue, Dubuque, Stackiso Iowa 52001. Nays - None. This order has not been com- Communication of C. George plied with and I recommend to Biasi, referring to action taken at the City Council that the provis- the Augnst 26th meeting on re- ions of Ordinance No. 35-52 'be en. zoning and recommending that is force~ and that the owner of said a rezoning request is proposed and buildings, known as 759 Hill Street, the Council approves same then and located on Lots 19 and 20 in the rezoning would become' effec- Roger's Subdiwsion, City of Du- tive only if the usage as proposed buque, Iowa, be required to dis- is accomplished presented and mantle said buildings and clean read. Mayor Tho~s moved that the up the premises. communication be received and Gilbert D. Chavenelle filed and referred to the Planning City Manager St~~ and Pla!'ning. & ~oning Com- Councilman Stackis moved that mISSIOn for Investigation an.d re- the communication be received port. . Secon~ed by CounC1I11!an and filed and referred to the Stackis. Camedby the folloWIng Public Hearing set for September vote: . 30, 1974. Seconded by Councilman Yeas - Mayor Thoms, Counctl- Brady. Carried by the foll(}wing men Brady, Justmann, Lundh, vote: Stackis. Yeas - Mayor Thoms, Council. Nays - None. men Brady, Justmann Lundb Communication of Iowa Depart- Stackis. " ment of Environmental Quallty in- Nays - None. 472 Special S&ssion, Sepoomb« 9, 1974 September 4, 1974 To the Honorable May<>l' and City Ce>uncil At, you may be aware, the City Manager and City Clerk, together with the City Attorney, have re- viewed proposals for the codiflca. tie>n of the City Ordinances of the City of Dubuque, Iowa, and have confined their examination and evaluation to two book publishing companies. The City Manager finds and determines that the proposed contract for such codification sub- mitted by the Munlclpal Code Cor- poration of Tallahassee, Florida appears to be the more acceptable of the proposals and such con- c1usie>n is concurred in by the City I Clerk ell City Slllidtor. The estimated cost of the pro- ject is the SUIll of $11,200 for 100 copies e>f the eo<le, 25 mechanical loose-leaf hinders, consisting of a '100 page eo<le btehldingblank pages. &ees. of '100 pages shall be chu..,d at $16.00 per page. In the ownU COIIsideratioll, the "",,_<led selecüolI of Muni- cipal Code Corporation i.based on . comparative stndy of the respec. tiVE! proposed forms of contract and the editorial prori;iOllS ¡m>- tided by Municipal Code Corpora- tion haveheen given prevailing conl!Íderation. Fo1' y<>ur information, let it "" bOWl!. that sumo to underwrite t!ùs es.penditure have been budg- eted from time to time fOr the past seven years and in fact tbe budget provisions for the year 19"14 ¡m>- vide for an allocation of $11,500 for such undertaking and sueh amoullt has been appropriated. Execution of saId contract by and on behalf of the City Manager sbould .he approved, ratificd and eoufirmed. Gl1bert D. ChaveneUe City Manager I, Bomolo N. Busao, City Solici- tor, doh.reby concur in the fore- going transmittal Romolo N. Rnsso City Solicitor I, Leo F. Frommelt, City Clerk, do bereby concur I" the foregoi"-C transmittal. Leo F. Frommelt City Clerk Councilman Justmann moved that the communlcatiQu he re- .1& 2. " ceived and filed and the execution of the agreement be approved. Seconded by Councilm... Lundb. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Jus\w.ann, LuDllh, Stackis. Nays - Nooe. September 6, 1974 Honorable Mayor and City Council 1 submit to you th. audit report of the reco.rds of the City for the year 1973. The audit was conduct- ed by the OffIce Qf Auditor of State. Gnb<\rt D. Chavene1le City Mana¡.r Mayor Thoms mowd \bat Uie C<llU!l1unication and report be re- ceived and filed. SeeQUded by Councilman Lundh. Canied b)' the following vl>te: Yeas - Mayor Thoms, Council- men Bra.<iy, JustnJann, Lnndh, Stackis. Nays - None. September 6, 1974 To the Hono.rable MayQ1' and City Council We are wri~nø to advise you of certain nece&Sary repairs to public prope~ whieh are a re- sult of the seVffe storm and re- lated damage which occurred on J1UIe 20-21, 1974. The staff has made a compre. hensive survey of all the areas in- volved, compiled estima.tes of the necessary repair work aud review- ed all of this with the Federal Disaster Tel""" assigned to review this work. Evaluation by the Fe- deral T.am is complete and the Disaster Surwy Reports are ap- proved. All of the work completed to date and proposed fQf contract, with the. exception Qf sidewalk re- pairs, will be paid for by Federal Funds reimbursed to the City. Be- cause of the emergency nature of tbis wo.rk and because the Fede- ral people have a nInety day time limit On initiating the work, the staff has prepared informal bid documents to fCceivehids on the balance of the uncompleted re- pairs. This work has 00en segregated into the followi"g sectie>ns to cor- Special Session, StJptember 9, 1974 respond with the re&pective ~Fede. from.. bic)'tle as the result of ral responsibility: striking a raised ..ater slmt-off in Estimated Cost Solon Street on September 2, 1974 1. Sidewalk Repair Con- presented and read. CounciJma~ tract Justmann moved that the Notice (City financial responsi- be referred to tho City Solicitor bility) $ 3,253.95 f<>r proper proceedings. Seconded 2. Debris clearance in by Councilman Lundh. Carried by storm ditches and pro- the following vote: tective measures Con- Yeas - Mayor Thoms, Council- tract (Federal Reim- m.n Brady, Justmann, Lundh, bursement, 100%) 5,556.29 Stackis. 3. Sanitary and Storm Nays - None. Sewer System Repair September 6, 1974 Contract (Federal Reim- To the Honorable Mayor and bursement, 100%) 11,267.00 City Council 4. Curb and Gutter, Pav- We are returning to you a pe- ing Repair Contract (Fe- tition received July 22, 1974 in de r a 1 Reimbursem.nt, which the petitioners requested 100%) 5,689.95 the City to install two-hour park- Al! of the other tree and debris ing meters on Locust Street be. removal relating to this storm da- tween First and Second Streets. mage has been COmpleted on force Attached is a letter from R. J. account by City crews. O'Brien, Chief of Police, recom. It is proposed that the above mending that the l"'tition be ap- informal bids be received on Sep. proved. !ember 19, 1974 witlt work com- Consequently, we are suhmitt- menced iD1ll1ediately thereafter to iug to you an Ordinance amend- complete all repairs this fall. ing Ordinance No. 3349, kIIown as Your cooperatioR in this matter the "Traffic Code e>f Dubuque, 10- will he sincerely appreciated. wa", in which we designate both Gilbert D. Chavenelle sides of Locust Street from .fanes City Manager and First as a two-hour time zone Councilman Lundh moved that and another Ordinance amending the communication be received Ordinance No. 37-65, kn<>M1 as the and filed and the authorization to "Street Parking Meter Ordinance proceed with informal bidding be of Ðubuqu., Iowa", designating the approved. Seconded by Council- area on Locust Street between man Brady. Carried by the follow. First and Second Stree.ts as Park. ing vote: ing Meter District B. Yeas - Mayor Thoms Council- Your adoption of both Ordinan. men Brady, Justmann: Lundh, ces is requested. Stackis. Francis A. Murray Nays - None. Assistant City Manager Communication of HUAJt Claims Mayor Tboms moV'ed that tlæ Serviee me., advising that they communication be received. and have conducted an investigatiol1 in fIled. Secon,ded by CouncIlman the personal jll,jury c"'"' "f Mrs. Lundh. Camed by the folloWIng Shirley ShiveJy, aM advising the vote: City as being resp<>I'1sible, pre!Je'/It- Yeas - Mayor Thoms, Council- cd and read. ~C""ncil¡a" Just- men Brady, Justmann, Lundh, rnann moved that the communlca- Stackis. tion be referred to the CitySolici- Nays - None. ror for proper prooeedings. Se. ORDINANCE NO. 54-74 conded by Co.ncilman Luudh. Car- An Ordi- amending Ordi. ried by the f-olloW'iJ\g vote: nonce floo 33.49 known as the Yeas - Mayor Thoms, C<>undl- "Traffic Code of Dubuque, 10' men Brady, Justmann, Lundh, wa" as ame- by repealing Stackis. Subsection 7 of Sec:tion A of Nays - None. Schedule IV thereof and ...- Notice of Claim of Tim MUI1>hY, ing a new Subsection 7 to Sec. in an undetermined. amount, for tion A of Schedule IV in lieu personal injuries recoei"",d in a f~ll thereof to limit """inø o¡f ...... 473 474 Special Session, September 9, 1974 tor vehicles on streets herein- after desígnaled, presented and read. Mayor '1l1oms moved that the reaQUlg Just had be considered tILe fir,'t fe"wug of the Ordmanceo Se- condeo by councUman Lunan. Car- ned by t.1le follOwmg vote: Yeas - Ma~or '1'uoms, Council- men rlrady, Justmann, Lunan, Slackis. l'<a~s - Noueo Mayor Thoms moved that the rUle requmng au urdmanceto be read on three separate days be waIved. Seconded bY councùman LundU. Carned by the followmg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Slackis. Nays - None. ORDINANCE NOo 54-74 AN ORDINANCE AMENDING ORDINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY REPEALING SUBSECTION 7 OF SECTION A OF SCHEDULE IV THEREOF AND ENACTING A NEW SUBSECTION 7 TO SEC- TION A OF SCHEDULE IV IN LIEU THEREOF TO LIMIT PARK- ING OF MOTOR VEHICLES ON STREETS HEREINAFTER DES- IGNATED. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Se"ion 1. Th" O,di..n" No. 33-49 known" the "Tuffic Code of Duhuq"" low," " ""<oded he ",d the "me i, h"ehy ,m<oded hy ""eiling ..h,oction 7 of Soctiou A of Schedul< IV thmof ,nd en,cting , now ..h,oc,ion 7 to Soc- tion A of Schedule IV in Ii.. th"",f " follow", "Schedule IV A. The following ""et, 0' po"io", '" d..isn",d " two-ho", tim, zon..' 7. Both .id" of Locu" S",et f<om Jon.. Smet to Fint Smet. P""d, 'pp<oved ,nd ,dopted thi. 9th d,y of Septemh", 1974. All", T. Thonu M,yo< C. Roh", Ju"m"'n J,m.. E. Budy Emil SuclW Alvin E. Lundh Councilmen ATTEST, L", F. F,ommelt City C¡"k PubIDhed offici,uy in the Teleguph I H",ld New.p,p" thi. 12th d,y of S'p- temb" 1974. Leo F. F,ommelt City cl"k Ie 9-12 Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays - None. ORDINANCE NOo 55-74 An Ordinance amending Ordi- nance Noo 37.65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" as amended by repealing Subsection 60202 of Section 6.2 Parking Meter Dis- trict B thereof and enacting a new Subsection 6.2.2 of Section 6.2 Parking Meter District B in lieu thereof to limit parking of motor vehicles on streets here- inafter designated, presented and reado Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. ORDINANCE NOo 55.74 AN ORDINANCE AMENDING OR- DINANCE NO. 37-65 KNOWN AS TIlE "STREET PARKING METER ORDINANCE OF DUBUQUE, IO- WA" AS AMENDED BY REPEAL- ING SUBSECTION 6.2.2 OF SEC- TION 6.2 PARKING METER DIS- TRiCT B THEREOF AND ENACT- ING A NEW SUBSECTION 6.2.2 OF SECTION 6.2 PARKING METER DISTRICT B IN LIEU TIlEREOF TO LIMIT PARKING OF MOTOR VEHICLES ON STREETS HEREIN- AFTER DESIGNATED. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE cITY OF DUBUQUE, IOWA, Se"ion 1. Tht O,din..ce No. 37-65 known" the "S"'et P"king Met" 0,- din,n" of Dubuque, low," " ,mended Special Session, September 9, 1974 475 he ..d the "me io hmhy ,mended hy "p"ling ..h"ction 6.2.2 of S",ion 6.2 P"king Met" Dimict B th"",f ..d e..cting , new ,uh.oction 6.2.2 of Soc- tion 6.2 P"king Me'" Di"tict B in lieu th"eof " follow", "6.2 P,dting Me", Di""ct B 6.2.2 Locut Smet, both .id" he- tween Fim ",d Socond Steeen ,nd both ,id.. between Thi,d ",d Fou"h St"'" ..d the W", .ide between Fou,th ,nd Fif<h St"'" ",d both oid" between Tenth ,nd Twelfth Sm",." P,..ed, ,ppmved ,nd ,dopted thi> 9th d,y of Septemhe" 1974. All", T. Tho"" M,yo, C. Rob", Ju"m"'n J,m" E. Budy Emil S",ki, Alvin E. Lundh Coun,ilmen ATTEST, Leo F. Fmromelt City CI"k Puhli.hed offichlly in the Teleguph H",ld New,p'",,' thi. 12th d,y of Sep- t<mh" 1974. Leo F. Frommelt City CI"k It 9-12 Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Dubuque Sertoma Club requesting permission to sell light bulbs for the benefit of Retarded Children on September 14th, 1974, presented and read. Councilman Brady moved that the petition be approved subject to approval by the City Manager. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. July 25, 1974 Honorable Mayor and Councilmen The City of Dubuque Plaoning and Zoning Commission has re- viewed the final plat of "F.D.R. Park View Heights" Subdivision in Table Mound Township, Dubuque County, Iowa. This proposed Sub- division lies outside the corporate limits of the City of Dubuque, but within the 2-mile jurisdictional perimeter for review of subdivision plats as specified in Chapter 409.14, Code of Iowa. The Commission has reviewed the proposed Subdivision plat in relation to the Dubuque County Land Use Plan, as formulated by the Metropolitan Area Planning Commission and as approved by the Dubuque County Board of Su- pervisors and has found the Sub- division to be an appropriate de- sign for this area. The City of Dubuque Planning and Zoning Commission has recommended your approval of the final plat of "F.D.R. Park View Heights" Sub- division. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Lundh, Stackis. Nays-Councilmen Brady, Just- mann. RESOLUTION NOo 327.74 Resolution Approving Plat of "F.D.R. Park View Heights" in Section 3, Table Mound Township, Dubuque County, Iowa. WHEREAS, there has been filed with the City Clerk a plat in which Lot 1 of Lot I of Lot 2 of West Fractional One-half of Northwest One-Quarter, Sec- tion 3, Township 88 North, Range 2 East of 5th Principal Meridian; and of Lot 1 of Lot 2 of Lot 1 of Lot 2 of West Fractional One-half of North- west One-Quarter, Section 3, Township 88 North, Range 2 East of 5th Principal Meridian, each being in Table Mound Township, Dubuque County to be hereafter known as Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 6, Lot 7, Lot 8, Lot 9, Lot 10, Lot II, Lot 12, Lot 13, Lot 14, Lot 15, Lot 16, Irene Lane and Park View, each and all in "F.D.R. Park View Heights" in Section 3, Table Mound Township, Dubuque County, Iowa; and WHEREAS, said plat has been examined by the City of Dubuque Planning and Zoning Commission and had its approval endorsed thereon, and 476 Special Session, September 9, 1974 wHEREAS, said plat has been examined by the City Council and I they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEJREFORE, RE IT RE- SOLVEID BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA; Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Glerk be and they are hereby allthorked and directed to endorsc the approval of the City upon said plat, and that the restrictive cov- enants attached thereto relating to annexation, street dedication, curb and gutter, cul-de-sacs, sanitary and storm sewer and water service are hereby approved. Passed, adopted and approved this 9th day of September, 1974- Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- 10~::' v~e~ayor Thoms, Council- I men Lundh, Stacki.. Nays---Councilmen Brady, Just- mann. There being 11.0 further busiuess, Councilman Stac!<iB mo""¡ that Ule meeting be adj'ourned. Seconded by Councilman Justmann. Carried by the followiog vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lyndh, Stackis. Nays-None. Leo F,Frômme1t City Clerk Al>proved ................................19--. Adopted ..................................19--. ............................................................ Mayor ............................................................ ............................................................ Councilmen Attest: """""ëi'iÿ"ëï~~k"""""""""'" S~cial Se$ioQ, September 16, 1974 ~-~.. CITY COUNCIL OFFICIAL Special Session, September 16, 19740 Council met at 7:30 P.M. (C.D.To) Pr...nt - Mayor Thoms, Coun- cilmen Brady, Justmonn, Lundh, Stocki.. City Manager Gilbert D. ChoveneU.o Mayor Thoms read the call and stated that service thereof had been duly made alld this meeting is called for THE PURPOSE OF ACCEPTING IMPROVEMENT OF TOWN tLOCK PLAZA PHASE U GENERAL CONTRACT IN THE URIIAN RENEWAL AREA, and acting upon such other busioess as may properly come before a regular meeting of the Council. Dubuque Jaycees' submitted a verbal recommendation that Octo- ber 31st, be official "1'J:ick or Treat Night". Mayor Thoms moved that the recommendation be referred to Police Chief O'Brien and the City Manager for consideratioll and final recommendation. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Justmann, Stackis. Nays-None. Communicatioll of Dubuque Am- hassado"" advising that the Du- buque entry in the Iowa Commu- nity l\e\terment program is com- pleted and will be delivered to the Office of Planning & Pro- gramming on September 18th, and il'dicating that the Council might be interested in a brief examina- tion of the scrap hook, presented and read. Councilman Stackis moved to suspend tbe rules to let anyone present address the Council if they so desire. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Robert Dorothy and Gent Witten- berg, Dubuque Ambassadors, pre- sented the Council with a brief report on the contents of the scrap 'I book, and activities the program, has become involved with. Mayor' 471 TIIOQlS moved that the commllnica. tion be received and filed. second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of State Depart- ment of Health recommending cor- rection of deficiencies of mechani- calor structural nature in the City's swimming pools, presented and read. Mayor Thoms moved that the commllnication be re- ceived and filed. Seconded by CouncJ!man Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - Nolle. Communication of Iowa Coaches Inc., requesting tbe purchase of .13 acres a<!ditional, lIext to the original purchase of property on tbe Industrial Is}."d, due to an Inadvertence in collstroeling a por- tion of their building on oUler pr<>perty belonging to the Cily, presented and read. Mayor Ttloms moved that the communication be referred to the City Manager and the Building Department to "heck on possible side yard requirements. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council~ men Brady, Jus:tmann, Lundh, Stackis. Nays-None. Communica\ion of Mayor's In- dustriai Committee reeommending ihat approximately .13 aCreS of land be sold to Iowa Coaclle. Inc. to correct, a constn¡ction error, at tile price of 43t per square foot, with no cost to the City for sur- veying, publication, platting, etc., presented and read. Councilman Justwann moved that tile com- munication be referred for pro- per proceedings and that a pub- lic hearing be held to dispose of the City's interest of the property on October 14, 1974 at 7:30 o'c!Qçk P~M. (C.D.T.) in the Council Cham- ber at the City Hall and that the City Çlerk be i11structed to PilI>- \ish notice of the hearing 111 the manner required hy law. Seçolld- 478 ed by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- ~~~kis~radY, Justmann, Lundb, I Nays-None. Attorney William McCallister addressed the Council on behalf of the Iowa Coaches Inc. request. Printed Council Proceedings for the months of April and May, 1974, presented for approval. Ma- yor Thoms moved that the pro- ceedings be approved as printed. Seconded by Councilman Stackiso Carried by tbe foll<>Wing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of Dubuque Am- bassadors, sent to Wayne Norman, I endorsing the new Five Flags Cen- ter Plan and working for a suc- cessful affirmative vote on the is- sue Septembl>r 24th, presented and read. Mayor Thoms moved that the communication be re- ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays - None. September 12, 1974 '1'0 the Honorable Mayor and Members of the City Council Please be advised that I have ap- proved filing of the following Bu- I siness Custom Policy issued to William & Jeanette Luerkens d/b/a AOK Yellow Cab Com- pany effective from 9-1-74 to 9- 1-77 Northwestern National Ca- sualty Company Policy No. BCP 30-32-16. Your approval is requested sub- ject to approval of the City Soli- citor. Gilbert D. Chavenelle City Manager Councilman Justmann moved that the communication be re- ceived and filed and filing be ap- proved subject to approval of the City Solicitor. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Special Session, September 16, 1974 September 12, 1974 Honorable Mayor and City Council I am pleased to inform you that Police Chief O'Brien has been ho- nored. He has received an invita- tion to attend the 10Oth Session of the F.B.I. National Academy. At the Academy, Chief O'Brien will receive the finest training available in police operation and administration. He will attend the session at Quantico, Virginia, Ja- nuary 6th to March 20, 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays - Noneo Verbal request of Mayor Thoms, as to the present status and ef- fectiveness of previously adopted noise ordinance was considered. Police Chief O'Brien addressed the Council relative to the defects in the present ordinance and it could hardly be enforced in its present state. Some parts of the Ordinance should be amended which should be reviewed and ready for conside. ration in October. Councilman Justmann moved that the matter be considered received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays - None. Communication of State Auditor Uoyd Smith submitting copy of Audit Report of tbe major disaster claim submitted by the City on January 31, 1974, in the amount of $38,977.47, and recommending same for reimbursement, present- ed and read. Mayor Thoms moved that the communication be re- ceived and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Special Session, September 16, 1974 479 September 10, 1974 Honorable Mayor and City Council On July 15, 1974, LaVern Ney, 41I2 Bluebird Drive, Dubuque, filed claim against the City of Du- buque for damages in the amount of $550.00, claiming said damages for recovery of his motor vehicle which reportedly was stolen from the City garage lot where it had been placed by orders of the Po- lice Department. This matter was referred to the appropriate City Agency who has made an investigation thereof and has reported by letter to this of- fice of no liability on the part of the City of Dubuque in regard to this matter. Accordingly, it is the recom- mendation of the City Attorney that the claim of LaVern Ney be denie<J. Original claim is returned here- with. R. N.Russo City Attorney Mayor Thoms moved that the communication be received and filed and recommendation of de- nialbe approved. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-NOne. Notice of Claim of Mary Shively, in the amount of $12,000., for in- juries sustained in a fall north of the curb line of 16th Street along the east side of Elm Street, pre- sented and read. Mayor Thoms moved that the Notice be referred to the City Solicitor for proper proceedings. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Notice of Claim of Earl L. Wei- chel, in an undetermined amount, for damages to a fence on his pro- perty at 737 English Lane as the I result of being struck by heavy equipment on September 6tb, pre. sented and read. Mayor Thoms I moved that the Notice be referred, to the City Solicitor for proper pro- ceedings. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council men Brady, Justmann, Lundh, Stackis. Nays - None. Notice from District Court, small claims Division, in the amount of $930., Craig Norpel, Plaintiff, and City and Skahill's Service Station, Defendants, based on damage to car and personal belongings, which car burned after being con- fiscated by the Police in August, 1974, presented and read. Mayor Thoms moved that the Notice be referred to the City Solicitor for proper proceedings. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Schiltz Development Corp. requesting approval for in- stallation of boulevard lights be- tween Lots 4 & 5 in West Hill Sub- division, presented and read. Ma- yor Thoms moved that the peti- tion be referred to the City Mana- ger for investigation and report, Seconded by Councilman Just- ,mann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of William Olson et al (16 signers) requesting removal of parking hazard on certain sections of Ungs Street (the only access to Hoyt Street) to insure proper fire protection for Hoyt Street resi- dents, presented and read. Mayor Thoms moved that the petition be referred to the City Manager and Traffic Dept. for investigation and report. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Petition of Wahlert High School requesting permission to conduct a Homecoming Parade on Septem- ber 19th, presented and read. Ma- yor Thoms moved that the petition be approved subject to approval 480 Special Session, September 16, 1974 of the City ManSier. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Petition of Wallace Weigroan et al (655 signers) in opposition to the barricading of Washington Street between 15th and 16th Streets being inconvenient,hazar- dons and not in the interest of all citizens of the City and request- ing that the streets be opened to public thoroughfare as they were intended, presented and read. Ma- yor Thoms moved that the petitiOn be received and filed and referred to Council, and that Mr. John Grau, Engineering and Planning Depart- ments be instructed to infonn sign- ers as to meetings to be beld. See- onded ,by Councilman Stackls. Car- ried by the following vote: Yeas - Mayor Thoms, Council- m;a~~¿¿~stmann, Stack.is. I Abstain---<:ouncilman Lundb. Petition of B. B. Grote et al (11 signers) all 'businesses objecting to tbe barricading of tbe Washington Street area and advising that they have received only one notice of meeting and people are concemed about ,fire and ambulance services being hampered and further the alleys in tbe area are now being used as streets, presented and read. ,Mayor Thoms moved that the petition be received and filed and referred to Council, and that Mr. John Grau, Engineering and :~r~o:ps~=~~s ~ ':e~~ I to be held. Seconded by Council- man Stackis. Carried ,by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays-None. AIbstain-councilman Lundh. August 29, 197. To the Honorable Mayor and CIty Council The construction of Town Cl<>ck Plaza, Phase 11, Section 1, General Contract and work incidental thereto in and for the City of Du- buque, Iowa has been substantial- ly completed in accordance with plans, specifications and the con. tract by and between Coulon Con- struction Company of Dubuque, Iowa and the City of Dubuque, Iowa. Gilbert D- Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays--None. FINAL ESTIMATE IU!SOLUTION NOo 328-74 WHEREAS, the contract for the Town Clock Plaza. Phase 11, Sec- tion 1 Downtown Ur,ban Renewal Project Iowa R-15 has been com- pleted and the City Engineer has submitted his final estimate show- ing tbe cost thereof including the cost of estimates, notices, lnspee- tion, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the ~ost of said improve- ment is hereby determined to be $332,749.05. That $0 of tbe cost thereof shall be assessable upon private prop- erty and $332,749.05 shall 'be paid from tbe Urban Renewal Project Expenditure Fund of the City of Dubuque. Passed, adopted and approved this 16th day of 'September, 1974. Allan T. Thoms Mayor James E. Brady C. Bobert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved that the resolution be adopted. Seconded by Councilman Justmsnn. Carried by the following vote: Yeas -Mayor Thoms. Council- men Brady, Justmann, Lundb, Stackis. Nays-None. (A Resolution Accepting Improyement) RESOLUTION NOo 329-74 WHEREAS, the contract for the Town Clock plaza, Phase U, Sec- tion 1 Downtown Urban Renewal 481 Special Session, September 16, 1974 Projeet r""" .R-l5 has been com- pleted and the City Manager has enmined the work and filed his eert!ficate stating that the same has been completed according to the tenus of the contract, plans an<! specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the reconunendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the U"ban Renew- al Project Expenditure Fund upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 16th day of September, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Passed, adopted and approwd this 16th day of September 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stack!s Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Brady. Csrried by the following vote: Yeas - May<>r Thoma, Council- men Brady, Justmann, Lundh, Stackis. Nays.-None. Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resob,tion. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NOo 331.74 WHÐREAS, applications for LIq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW 'I'i'IEREF'ORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE William O'Neill, dba Happy Hour Tavern, 55 Locust Street Passed, adopted and approved this 16th day of September 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen RESOLUTION NOo 331).74 WHEREAS, applications for LIq- uor Licenses have been submitted to ,this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED ,by the City Council of the City of Dubuque, Iowa, that the following. applications 'be ap- Attest: proved and licenses Issued upon Leo F. Frommelt the compliance with the provisi?ns City Clerk of Chapter 1.31, Acts of the First Councilman Stackis moved adop- Regnlar SessIOn, 64th General As- tion of the resolution. Seconded sembly. by Councilman Brady. Carried by the fallowing vote: CLASS "C" (COMMERCIAL) Yeas - Mayor Thoms, Council- BEER AND LIQUOR LICENSE men Brady, Justmann, Lundb, William O'Neill, dba Happy Hour Stackis. Tavern, 55 Locust Street Nays-Noneo 482 Special Session, September 16, 1974 Communication of University of Dubuque requesting permission to conduct a fireworks display on the evening of October 11th at their Homecoming activities, presented and read. Mayor Thoms moved that the communication be referred to the City Manager and City Solicitor for investigation and report. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. At 9:14 P.M., Mayor Thoma moved to go into Executive Session to discuss appointments to various Boards and Commissions. Seconded by Councilman Stackis. carried by the following vote: Yeaa - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-Noneo Council reconvened in Regular Session at 9:20 P.M. Mayor Thoms moved the appointment of Mrs. Carl (Rachael) Maerschalk to the Airport Commission for a 6 year term, expiring 9-14-80, to fiJI the e"pired term of Lester M. Harney. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. There being no further business, Councilman Justmann moved that the meeting be adjourned. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmsnn, Lundh, Stackis. Nays-None. Leo F. Frommelt City Clerk Approved ................................19--. Adopted ..................................19--. Mayor Councilmen Attest """Cii~"'ëï;~¡;:"o"""'o"""'o"'" Special Session, September 23, 1974 483 CITY COUNCIL OFFICIAL Special Session, September 23, 19740 Council met at 7:30 PoM. (CoDoTo) Present - Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. City Manager Gilbert Do Chavanelleo Mayor Thoms read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con. sidering an amendment to the Zon. ing Ordinance so as to change lots in Rolling Ridge Subo #2, Lennox Addno, Mettel.Brooks Addno and Sto Anne's Sub. from Local Busi. ness "A" to Multiple Residence District Classification and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Low-Rent Housing Commission submitting minutes of their meeting of Sep- tember 17, 1974, presented and read. Councilman Lundh moved that the communication be re- ceived and filed. Seconded 'by Councilman Brady. Carried by the fol1owing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Communication of Iowa Depart- ment of Environmental Quality ad- vising that the organizational structure of the area is such to require a contract between the City, as the site operator, and the governmental units participating in the site of solid waste disposal, presented and read. Councilman Lundh moved that the communica. tion be referred to the City Man- ager, Engineering Department and Area Council of Governments. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Communication of Attorney Den- nis J. Naughton, representing Tim. othy M. Allen of 1190 Southern Ave., advising of the cave-in of a City storm sewer crossing the rear of their property which seems to be of continuing nature and put- ting the City on notice of their responsibility as to accidents etc. resulting therefrom, presented and read. Councilman Lundh moved that the communication be re- ferred to the City Manager, Engi- neer and City Solicitor for investi. gation and report. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Communication of Planning & Zoning Commission submitting minutes of their meeting held on August 21, 1974, presented and read. Councilman Lundh moved that the communication be re- ceived and filed. Seconded by Councilman Brady. Carried ,by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. September 18, 1974 Honorable Mayor and City Council I request permission to attend the annual conference of the In- ternational City Management As- sociation. The conference will be held Oc- tober 13-17 in Dallas. Some of the presentations planned for the con- ference include Mass Transit, Re- souce Recovery, Productivity, Citi- zen Participation, Land Uae and Fire Service. I also intend to send Mro Mur- ray to the conference. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed and request be approved. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-Noneo September 18, 1974 Honorable Mayor and City Council I am returning the petition of Schiltz Development Corporation for additional street lighting in the West Hill Subdivision. The area has been investigated by the electrical inspector and it 484 Special Session, September 23, 1974 ill recommended that one 175 watt mercury vapor light (on a boule- vard type standard furnished by subdivider) be installed between Lots 4 and Ii in West Hill Subdi. vision, Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed and the recommendation be approved. Seconded by Council- man Brady. Carried .by the follow, ing vote: Yeas - Mayor Thoms, Council- l1Ien Brady, Justmann, Lundh, Starns. Nays-None. September 20, 1974 To the Honorable Mayor and Members of the City Council I have approved the following bond and desire to have your ap- proval of same for filing. SIÐI!WALK CONSTRUCTION eoN!) M. F. Goerdt Construction Co. Bonding Surety D. S. Fidelity and G1oaranty Company, dated August 16, 1974. Gilbert D, Chavenelle City Manager Councilman Lundh moved that the communieation be received and filed and filing be approved. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. September 19, 1974 Honorable Mayor and City Council I herewith submit the reports of the City Auditor, City Treasur- er, Water superintendent, Health Department, as well as a list of claims paid, for the month of Au- gust 197'- Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed. Seconded by Council- """11 Brady. Carried by the follow- ing vote: Yeas - Mayor Thoms, council. men Brady, Justmann, Lundh, Staekis. Nays--None, Notice of Claim of Margaret & HarriS Schaller, in aD undeter- 1IÛned amount, for personal inju- ries received by Margaret Scballer at the Flora Park pool as the result of a fall on July 15, 1974, present- ed and read. Councilman Lundh moved that the Notice be referred to the City Solicitor for proper proceedings. Seconded by Council- man Jus11ù.ann. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Proof of publication, certified to by the Publisher, of Notice of Pub- lic Hearing. to amend the Zoning Ordinance so as to change Lots 1, 2, and 3 of Block 5 of Rolling Ridge Subd. No.2; Lots 408, 409, and 410 of Lennox Addn.; Lots 1, 2, and 3 of Mettel-Brooks Addn.; and Lot 2 of Lot 1 of Lot 1, Lot 1 of Lot 1 of Lot 1, and Lot 2 of Lot 1 all in Block 1 of St. Anne's Subd. from Local Business "A" to Multiple Residence Classification, presented and read. No written ob- jections were received and no oral objectors were present in the Council Chamber at the time set for the hearing. Mayor Thoms moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Justmann. Carried by tbe following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stac1ds. Nays-None. ORDINANCE NO, 56-74 An Ordinance Amending and Changing Ordinance Noo 3-34, known as "The Zoning Ordl. nance and Zoning Map of the City of Dubuque, Iowa", $0 as to change certain real estate hereinafter described from Local Business "A" District classlfica. tlon to Multiple Residence DIs- trict classification, Said Ordinance having been pre- viously presented and read at the Councll meeting of August 26, 1974, presented for final adoption. ORDINANCE NOo 56-74 AN ORDINANCE AIoŒNDING AND CHANGING ORDINANCE NO. 3-)4, KNOWN AS "THE WNING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", SO AS TO CH:ANGE CERTAIN R£AL ES- TATE HEREINAFTER DESCRIB- ED FRO'" LOCAL BUSINESS "A" DISTRICT CLASSIFICATION TO Special Session, September 23, 1974 MULTIPLE RESIDENCE D IS - TRICT CLASSIFICATION NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Sonion I. Tho< O,dio,." No. 3-)4, known.. ",h, Zoning M,p ,nd Zoning O,din,n" of ,h, Ci'y of Dubuqu, lo- w,", be 'nd ,h, "me ¡, hmhy 'm'nded by ch,nging f'om "Lo,,] Bu,in'" 'N Di",iC'" c¡',~fie"inn '0 "Mnlcipl, R..i- dOAce D¡'"iC'" cl""fic"ion th, follow- ing d""ib,d ,d """, <e-wi" Lo" I, 2, 'nd J of Block' of RoU- in, Rids' Subdiv¡'ion No.2; Lo" 408, 409, ,nd 410 of L,nnox Addi- cion;Lo" 1,2""d3 of Me",l- B,~k, Addi,ion; 'nd Lot 2 of La, 1 ofLo' I,Lo' lofLo, 10fLo, I, ,nd Lo, 2 of Lo, 1 ,11 in Block I of 5,. Anno', Subdiv¡"on In ,h, City of Dubuqn" Inw>- S"cinn 2. Th" th, fo"goin, Am'nd- men' h.. h"'to-fo<o been ,pp,oYed by the PI,oning ,nd Zooin, Conulili.inn of <h, Ci<y of Duhuqu" Ion P""d, 'pp<eYed ,nd ,dop"d ,hi. 23,d d,y of S'p"mbec, 1974. AU", T. Thoom M,ya< C. Robe" Ju"m"'n ]>"'" E. B"dy Emil S"cki, Alvl. E. Lundh CouociImen ATTEST, Loo F. Fcommeh G,y Cleek PuhIi.hod officl,lly in ,h, Tdeg"ph HmId Now.p'pe' ,hi. 26<h d,y of S'p- "mbee 1974. L,o F. F,ommeh Chy CI"k h. 9-2' Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackia. Nays-None. September 19, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of the YMCA-YWCA to include prop- erty at 1497 Dodge Street within provisions of Article IV, Section 2(i) to permit its use as an off-street parking lot. TWs property is pres- ently classified in the Two Family Residence District. The Commission has noted that a Multiple Residence District is presently established on the east side of Nevada Street, and that it 485 is more appropriate to expand tWs existing zoning district to in. clude the YMCA-YWCA property than to establish a separate zon- ing district for it. Therefore, the Commission conducted Its public hearing on a proposal to expand that zone to include not only the property at 1497 Dodge Street, ,but also the intervening property at 1481 Dodge Street, which now contains an lOCO gas ,tation as a legal non-conforming use. TWs in- tervening property is also present- ly classified in the Two Family Residence District. Legal deserip.- tions of both properties ar<¡ can. tained in the attached Ordinance. No written or oral objection was presented at tlte public hearing. It is the view of the Planning and Zoning Commission that the exist- ingMultiple Residence zone on Ne- vada street should be expanded to include the two properties, and that both of them should be in- cluded within provisions of sub- paragraph (i) of that district to permit their use as oft-street parking lots. This reclassification represents no cbange to the legal non-conforming use status at the lOCO gas station. It is the unani- mous recommendation of the Plan- ning and Zoning Commission that the proposed reclassification 'be ap- proved. City Planning and Zoning Commission Daniel Dittemore Development Planner Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Justmann. Carried by the tollow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. AN ORDINANCE amending and changing Ordinance No. 8-34, known aa "The Zoning Ordinance and Zoning Map of the City of Du- buque, Iowa," so as to change Lot 1 of 2 of Mineral Lot 158; and Lots 13 and 14 of Nevada Park Reo subdivision from Two Family to Multiple Residence District Classi- fication with inclusion in Section 2 of Subsection (i) of Article IV to permit off-street parking, present- ed and read. Mayor Thoms moved that the reading just had be con- Special Session, September 23, 1974 486 sidered the first reading of the Or- Petition of John J. Duggan et al dinance. Seconded by Councilman (47 signers) objecting to the reo Justmann. Carried by the follow- moval of the fence around the wa- ing vote: ter reservoir at Burch and Third Yeas - Mayor Thoms, Council Streets and also objecting to the men Brady, Justmann, Lundh, installation of tennis courts,pre- Stackis. sented and read. Mayor Thoms Nays-None. moved that the petition be re- Mayor Thoms moved that the f~rred .to the Park Board for con- rule requiring an Ordinance to be slderatlOn and report. Seconded by read on tbree separate days be Councilman Stackis. Carried by the waived. Seconded by Councilman followmg vote: Justmann. Carried by the following Yeas - Mayor Thoms, Council- vote: men Brady, Justmann, Lundb, Yeas - Mayor Thoms, Council. Stackiso men Brady, Justmsnn, Lundb, Nays-Noneo Stackis. September 19, 1974 Nays-None. Honorable Mayor and Councilmen Mayor Thoms moved that a pub- The City of Dubuque Planning lie bearing be held on the Ordi- and Zoning Commission has re- nancé on October 14 1974 at 7:30 viewed the petition of N. J. and o'clock P.M. in the éounciJ Cham- Christine Yianniaa to voluntarily her at the City Hall and that the annex property consisting of 1.936 City Clerk be instructed to publisb acres more or less, loc~ted at ~e notice of the hearing in the man- northeast corne! of the mtersectIon ner required by law. Seconded by of Wacker Drlve and U.S. Hlgh- Councilman Justmann. Carried 'by way 20 (Dodge Street). This proper- the following vote: ty is descrihed as "Waechter Place Yeas - Mayor Thoms, Council- in Center Grove" in Dubuque men Brady, Justmann, Lundb, Towns~p, Dubuque County, Iowa, Stackis. according to the recorded plat Nays-None. thereof. .. Petition of Mettel ~alty & I,n- th;h;ro~~~~~lO:'n'ti;u~~~~o t~: v;stmen! Co. reque~ng. pe~s- City limits of the City of Dubuque, SIan to mstall sire,,! lightIng wIth Iowa, and that municipal services underground cable m Aurora and can be provided to the area. The Admiral Streets in Mettel-Byme Planning and' Zoning Commission Addn., presented and read. Mayor has recommended that the petition Thoms moved tbat the petition be be approved. refem;d to the City' Manag;r an~ City Planning and Electrical .Department for mvestI- Zoning Commission gation and report. Seconded by Daniel Dittemore Councilman Stackis. Carried by the Development Planner following vote: Mayor Thoms moved that the Yeas - Mayor Thoms, Council- communciation be received and fil- men Brady, Justmann, Lundh, ed. 'Seconded by Councilman Stackis. Lundh. Carried by the following Nays-None. vote: Petition of Dubuque Wa-Tan-Ye Yeas - Mayor Thoms, Council- Club requesting permission to sell men. Brady, Justmann, Lundh, candy in the Town Clock Plaza on StacklS. October 5tb to help KIdney Foun- Nays - None. dation of Iowa, presented and RESOLUTION NO. 332-74 reado Mayor Thoms moved that WHEREAS the owners of an the petition be approved. subject area immediately adjoining the to the approval of the CIty Man- westerly City Limits of the City ager. Secon~ed by Council1I!an of Dubuque, Iowa have petitioned Stackiso CarrIed by tbe followmg the City Council to be voluntarily vote: annexed to the City of Dubuque, Yeas - Mayor Thoms, Council- , Iowa; and men Brady, Justmann, Lundh, \ WHEREAS, the inhabitants of StacJds. said territory will be enabled to Nays-None. secure the benefits of City Govern- Special Session, September 23, 1974 ment in the way of police and fire cilman Lundh. Carried by the protection if said territory is in- following vote: corporated within the City Limits Yeas - Mayor Thoms, Council- of the City of Dubuque, Iowa and men Brady, Justmann, Lundh, WHEREAS, the inhabitants of I Stackis. said territory will be enabled to Nays--None. secure water, and other municipal services if said territory is incor- porated withIn the City Limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30, 1973 Code of Iowa, authorizes the exten. sion of City Limits in situations of this character by the adoption of a resolution therefor; and WHEREAS, the future growth development and preservation of the public health of the City of Dubuque, Iowa, makes it impera- tive that said territory be made a part of the City of Dubuque, Iowa; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 10 That the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following described real estate: Waechter Place in Center Grove in Dubuque Township, Dubu- que County, Iowa, according to recorded plat thereof. (containing 1.936 acres) copy of which plat is attached here- to and by refcrence made a part hereof, the boundaries of said area being outlined in red thereon. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution together with the plat attached thereto in the office of the recorder in and for Du- buque County, Iowa. Section 30 That said territory be and the same shall be in and be- come part of the Nineteenth voting precinct of Dubuque, Iowa. Passed, approved and adopted this 23rd day of September, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- 487 August 30, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of the "Char- les E. Eickert" Subdivision in Du- buque Township, Dubuque County, Iowa. This proposed Subdivision lies outside the corporate limits of the City of Dubuque, but within the 2-mile jurisdictional perimeter for review of subdivision plats as specified in Chapter 409.14, Code of Iowa. The Commission has reviewed the proposed Subdivision plat in relation to the Dubuque County Land Use Plan, as formulated by the Metropolitan Area Planning Commission and as approved by the Dubuque County Board of Sup- ervisors and has found the Sub- division to be an appropriate de- sign for this area. The City of Dubuque Planning and Zoning Commission has recommended your approval of the final plat of "Charles E. Eickert" Subdivision. City Planning and Zoning Commission Daniel Dittemore Development Planner Councilman Brady moved that the communication be received and filed. Seconded ,by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - Councilman Justmann. RESOLUTION NO. 333.74 WHEREAS, there has been filed with the City Clerk a plat in which the subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot No. 28 in Section 2, Township 89 North, Range 2 East of the 5th P.M., being in Dubuque Township, Dubuque County, Iowa, is platted as Lots 1 through 18 inclusive of "Chas. E. Eickert Subdivision" in Section 2, Dubuque Township, Du- buque County, Iowa; and WHEREAS, said plat has been examined by the Dubuque Plan- ning & Zoning Commission and has its approval endorsed thereon; and 488 Special Session, September 23, 1974 WHEREAS, said plat has been examined by the City Council and is found to conform to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as fol- lows: Section 1. That the above de- scribed plat he and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 23rd day of September, 1974. Allan T. Thoms Mayor James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo E. Frommelt, City Clerk Councilman Brady moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - Councilman Justmann. RESOLUTION NO. 334.74 WHEREAS, applications for Beer permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- I SOLVED by the City Council of the City of Dubuque, Iowa, that the fol- lowing applications be granted and permits issued upon the compli- ance with the terms of the Ordin- ances of tbe City. CLASS "B" BEER PERMIT Holy Trinity Church also Sunday Sales, 1700 Rbomberg Avenue Theodore J. Ferring, 385 East 13th Street CLASS "C" BEER PERMIT Nash Finch Company, dba Ware- house Market, John F. Kennedy Road Passed, adopted and approved this 23rd day of September 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk May<>r Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. carried by the foi- lowing vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh. Nays-Councilmen Brady, Stack- is. RESOLUTION NOo 335-74 wHEREAS, applications for Beer Permits were fiJedby the within named applicants and they have received the approval of this Coun- cil; and WHER.EAS, 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 THEßEFORE BE IT RE- SOLVED by the City Council of tbe City of Dubuque, Iowa, that the Manager he autborized to cause to he issued to the following nam- ed applicants a Beer permit. CLASS "B" BEER PERMIT Holy Trinity Church, also Sonday Sales, 1700 Rhomberg Avenue Theodore J. Ferring, 385 East 13th Street CLASS "C" BEER PERMIT Nash Finch Cúmpany, dba Ware- house Market, John F. Kennedy Road Passed, adopted and approved this 23rd day úf September 1974. Allan T. Thoms May<>r C. Rohert Justmann Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh. Nays----Councilman Brady, Stack- is. RESOLUTION NOo 336-74 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have heen examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa that the following applications be approved and licenses issued upon the com- pliance with the provisions of Chapter 131, Acts of tbe First Reg- ular Session, 64th General Assem- bly. Special Session, September 23, 1974 CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Bessie Sfikas, 926 Main Street Duane C. Koeller, also Sunday Sal- es, 1701 Asbury Street Passed, adopted and approved this 23rd day of Septemher 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 337.74 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 he occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Bessie Sfikas, 926 Main Street Duane C. Koeller, also Sunday Sal- es, 1701 Asbury Street Passed, adopted and approved this 23rd day of September 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing note: Yeas - Mayor Thoms, Council- 489 men Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NOo 338-74 WHEREAS, September 24, 1974 has been fixed as the time for special election for the electorate to vote upon the following proposi- tions which are as follows: "SHALL 'TIlE FOLLOWING PUBLIC MEASURE BE ADOPTED? Shall the City of Dubuque, Iowa, acquire lands and establish, con- struct and equip a recreation building thereon in said City?" and "SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? Shall the City of Dubuque, Iowa, acquire lands and establish, con- struct and equip a recreation building thereon in said City and contract indebtedness for such purpose not exceeding $2,500,000 and issue bonds for such purpose not exceeding $2,- 500,000 and levy a tax annually upon the taxable property in said City of Dubuque not exceeding three and one-half mills per an- num for the payment of such bonds and the interest thereon?" WHEREAS, the City Council of the City of Dubuque, Iowa, has not- ed and observed considerable pub- lic discussion and public debate concerning the relative merits of the Five Flags in its present loca- tion as well as the proposed Ice Skating Rink at its presently pro- posed location; and WHEREAS, in truth and in fact. the proposition to he submitted to the electorate is based upon, and premised on, such two facilities in terms of a recreation building and in determining the location of such recreation building, the location of the facility, together with the pro- posed uses thereof, was evaluated in the relation of such facility to the entire community with particu- lar emphasis to its critical effect upon the downtown portion of this community. WHEREAS, the City Council of the City of Dubuque, Iowa desires to go formally on record urging all electors to "vote their convictions" at such special election to be held on Septemher 24, 1974. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Special Session, September 30, 1974 491 490 Special Session, September 23, 1974 Section I: That the City Council sented and read. Councilman Stack- of the City of Dubuque, Iowa, form- is moved that the communication aily goes on record urging all of be referred to the Planning & Zon- the electors of the City of Dubu- ing Commission to request a spec- que, Iowa to "vote their convic- ial meeting to set a public hear- tions" at the Special Election to be ing. Seconded by Councilman held in the City of Dubuque, Iowa, Lundh. Carried by the following on September 24, 1974. vote: Section 2: That the City Council Yeas - Mayor Thoms, Council- of the City of Dubuque, Iowa, urges men Justmann, Lundb, Stackis. all electors to give considered Nays - Councilman Brady. weight to the fact that the Recrea- There being no further business, non Bmldi~g, as conceIved by the Councilman Stackis moved to ad- City Councll, 15 contemplated, de- journ the meeting. Seconded by sIgned and framed m terms of lm- Councilman Lundh. Carried by the plementmg the overall growth and following vote: develo\,ment of the CIty of Dubu- Yeas - Mayor Thoms Council- que Wlth parilcular emphasIs on ' improving the tax base in the area ~~~k'sBradY, Justmann, Lundh, of strongest immediate need, and Na 1.. - None accordingly, the electorate is re- Y Le . . spectfuily asked to consider voting 0 ~:/'~~elt, affirmatively on two propositions. 1 y r passed, approved and adopted this 23rd day of September, 1974. \ Allan T. Thoms Approved ................................19--. Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen CITY COUNCIL reation building thereon in said City and contract indebtedness for such purpose not exceeding $2,500,- 000 and issue bonds for such pur. pose not exceed,ing $2,500,000 and levy a tax annually upon the tax- able property In said City of Dubu. que not exceeding three and one. half mills per annum for the pay- ment of such bonds a,nd interest thereon?" I further certify that an official canvass of said election was held in the Dubuque County Court House, Dubuque, Iowa on Monday, the 30th day of September, 1974. Present at said canvass were Ray Scherrman, Chairman of the Du- buque County Board of Supervis- ors and Dallas L. Murphy, Board member. Also present was Leo J. Chambers, Deputy Commissioner of Elections, Dubuque County. I further certify that there were seven thousand nine hundred fifty- two (7,952) ballots cast, of which three thousaand six hundred fifty- seven (3,657) votes were for the proposition, (Yes): "Shall the City of Dubuque, Iowa, acquire lands and establish, construct and equip a recreation building thereon in said City?", and four thousand two hundred ninety-five (4,295) votes were against the proposition, (No), and that there were no blank or defective ballots, the tabulation of which is identified herein below as Proposition Number Four (#4). I further certify that there were seven thousand nine hundred forty- one (7,941) ballots cast, of whicb three thousand five hundred twen- ty-seven (3,527) votes were for the proposition, (Yes): "Shan the City of Dubuque, Iowa, acquire lands and establish, construct and equip a recreation building thereon in said City and contract Indebted- ness for such purpose not ex- ceeding $2,500,000 and issue bonds for such purpose not exceeding $2,500,000 and levy a tax annually upon the taxable property in said City of Dubuque not exceeding three and one.half mills per an- num for the payment of such bonds and interest thereon?", and four thousand four bundred fourteen (4,414) votes were a.ainst the pro- position, (No), and that there were no blank or defective bailots, the tabulation of which is identified herein below as Proposition Num- ber Eight (#8). OFFICIAL Special Session, September 30, 19740 Council met at 7:30 PoM. (CoDoTo) Present-Mayor Thoms, Council- men, Brady, Justmann, Lundho City Manager Gilbert D. Chavenelleo Absent. Councilman Stackis. Mayor Thoms read the cail and stated that service thereof had been duly made and this meeting is called for the purpose of Conduct- ing a public hearing on the City Manager's Report on the condition of the property located at 759 Hill Street and acting upon such other business as may properly come be- fore a regnlar meeting of the Council. Proof of Publication, certified to by the Publisher, of Notice of Special Election on Recreation Building proposal, presented and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent - Councilman Stackis. Proof of Publication, certified to by the Publisher, of Sample Ballot on RecreaÜon Build,ng >,ropu>al, presented and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Lundb. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays - None. Absent - Councilman Stackis. DUBUQUE CITY SPECIAL BOND ELECTION-SEPTEMBER 24, 1974 State of Iowa ) ss County of Dubuque ) I, Harold P. Meloy, County Aud- itor and Commissioner of Elections, do hereby certify that on Tuesday, the 24th day of September, 1974 in Dubuque, Iowa an election was held on the foilowing two proposi- tions to-wit: "Shall the City of Du. buque, Iowa, acquire lands and es- tablish, construct and equip a rec. reation building thereon in said City?" and "Shall the City of Du- buque, Iowa, acquire lands and es- tablish, construct and equip a rec. Adopted ..................................19--0 """"""""""""Mayor Attest: Leo F. Frommelt, City Clerk Councilman Stackis moved adop- I tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of Dub u que Packing Co. by Alfred Hughes at- torney, requesting an amendment to the Zoning Ordinance of Article VID - Heavy Industrial District, Section 1 - Use Regulations, pre- """""""""""""""'ëiöüiiëiï;;;ëiï""'" Attest: City Clerk 492 Special Session, September 30, 1974 In testimony, wbereof, I have hereunto set my hand and the Seal of Dubuque County thi; 30th day of September, 1974. Harold P. Meloy, Commissioner of Eleccions Dubuque county,lowa Proposition #4 Precinct Yes No Total No. Proposi. p.--i. of person. tion #4 tion #8 Voting by Precinct Ye. No Yes No Precinct I 124 183 114 193 319 2 80 80 79 81 171 3 70 162 66 169 243 4 209 231 199 241 451 5 76 130 69 129 208 6 107 140 101 142 250 7 81 107 80 107 192 8 69 129 64 134 204 9 102 82 104 86 198 10 133 121 124 127 266 11 166 216 163 212 388 12 203 148 198 151 360 13 221 238 217 241 466 14 148 170 146 178 332 15 170 162 166 165 338 16 163 214 153 229 383 17 218 254 209 261 485 18 140 182 136 189 329 19 204 227 200 230 437 20 162 192 157 193 353 21 154 193 142 201 351 22 121 177 111 185 304 23 123 223 117 228 353 24 187 198 190 191 389 25 185 97 181 110 298 Absentee 41 41 41 41 82 Totals 3,657 4,295 3,527 4,414 8,155 Percentages 45.99% 54.01% 44.42% 55.58% We, the undersigned members of the Board of Supervisors of Du- buque County, Iowa, and ex-officio Board of Canvassers for said Coun- ty, do hereby certify that the above I Is a true and correct abstract of the votes cast at the Dubuque City Special Bond Election held Septem- ber 24, 1974 for the bond proposi- tions as shown above ,by the official canvass of the returns from the city election precincts. In testimony, whereof, we have hereunto set our hands and caused this to be attested to and sealed by the County Auditor as Com- missioner of Elections, this 30th day of September, 1974. Attest: Harold P. Meloy, County Auditor and Commis- sioner of Elections -- - - - ,,--, Ray Scherrman, Chairman of the Board of Supervisors Dallas L. Murphy, Member Leo J. Chambers, Deputy Commissioner of Elections Mayor Thoms moved that the County Auditor's Report be receiv- ed and filed and made a matter of record. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays - None. Absent - Councilman Stackis. Communication of Leagne of Women Voters commending the joint efforts of thc City Council and the Dubuque County Board of Supervisors for the display of un- ity at the recent joint meeting to investigate County zoning, present- ed and read. Mayor Thoms moved that the communication be receiv- ed and filed. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays - None. Absent - Councilman Stackis. Communication of DACCCR, Rus- sell Nash, President, advising of a meeting to be held at Si. Mark's Lutheran Church on October 9th at 8 P.M. to help wIve the housing crisis in the City, presented and read. Mayor Thoms moved that the communication be referred to the Low-Rent Housing Commission. Seconded by Councilman JU3t- mann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays - None. Absent - Councilman Stackis. Proof of Publication, certified to by the publisher, a Statement of Receipts, Disbursements and List of Ciaims for August, 1974, present- ed and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Counciiman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays - None. Absent - Councilman stackis. September 16, 1974 To the Honorable Mayor And City Council In accordance with Ordinance Number 51-56, I recommend that j¡ Special Session, September 30, 1974 493 the City Council approve the trans- fer of the following Special Assess- ment Accounts to the Special As- sesment Reserve Account as hereto set forth: Account Number Description 1230 1960 Curb & Gutter Project 1234 1961 CUrb & Gutter Project 1235 1961 Bituminous Paving Project 522.91 CR. 1237 1962 Hot Mix 224.29 CR. Amount $925.72 CR. 138.94 CR. TOTAL TRANSFER $1,811.86 CR. The purpose of the above request is to close out inactive Special As- sessment accounts. G. D. Chavenelle, City Manager Mayor Thoms moved that the communication be received and filed and request be approved. Seconded by Councilman Just- mann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent - Councilman Stackis. September 25, 1974 Hcnorable Mayor and City Council I am returning the petition of Mettel Realty and Investment Company requesting street lighting on Aurora Street and Admiral Street in Mettel Byrne Addition. The area has been investigated by the electrical inspector and it is recommended that three 175 watt mercury vapor fixtures be installed at the following locations: 1. On west property line of Lot 11 in Block 8 2. Between Lots 6 and 7 in Block 9 3. Between Lots 2 and 3 in Block 8 Your approval of these installa- tions is requested. Gilbert D. Chavenelle, City Manager Mayor Thoms moved that the communication be received and fil- ed and recommendation be approv- ed. Seconded by Councilman Just- manu. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays - None. Absent - Councilman Stackis. August 23, 1974 Honorable Mayor and Counciimen At your request, the Dubuque Planning and Zoning Commission has reviewed the matter of the Dorrance Pitz petition as referred to the Commision on March 26, 1973 and which had requested the deletion of the professional office classification as it pertained to property on tbe west side of Bluff Street ,between West Third Street and West Fifth Street in the City of Dubuque, Iowa. The Commission has reviewed this matter as it was set forth in our staff's letter to you of July 19, 1974. In consideration of the circumstances described in that letter, the Commission has voted unanimously to enter its formal response to the Pitz petition as a recommendation that it be denied. City Planning and Zoning Commission Daniel Dittemore Development Planner Councilman Brady moved that tbe communication be received and filed and referred to the Council for review at the Council meeting of October 14, 1974. Seconded by Councilman Justmann. Camed by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays - None. Absent - Councilman Staekis. Notice of Suit of Martha O'Neal, in the amount of $7500., for per- sonal injuries received in a fall at 98 Hill Street on September 27, 1972, presented and read. Council- man Justmann moved that the Not- ice be referred to the City Solicitor for proper proceedings. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent - Councilman Stackis. Notice of Claim of Leroy L. Meyer, in the amount of $16.48, for plumbing expense .incurred as the result of a piugged-up sewer at 1425 Curtis Street on September 20, 1974, presented and read. Coun- cilman Justmann moved that the Notice be referred to the City Sol- icitor for proper proceedings. Sec- onded by Mayor Thoms. Carried I bYy~~ ~I~;;r v~u;,'ms, Council- 494 men Brady, Justmann, Lundh. Nays - None. Absent - Councilman Stackis. September 25, 1974 Honorable Mayor and City Council Attached is an ordinance amend- ing the Traffic Code, repeaiing sections having to do witb that section of Maple Street transferred to private ownership. Gilbert D. Chavenelle City Manager Councilman Justmann moved that the communication be receiv- ed and filed. Seconded by Mayor Tboms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays - None. Absent - CounciJman Stockis. ORDINANCE NO. 57.74 An Ordinance Amending Ordl. nonce Noo 33-49 known as "The Traffic Code of Dubuque, Iowan OS amended by repealing Sub- section 9S of Schedule VI there- I of which prohibited parking of motor vehicles on the east side of Maple Street from Sixteenth Street to Seventeenth Street, presented and reado Councilman Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Lundb. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb. Nays-None. Ahsent-Councilman Stackis. Councilman Brady moved tbat the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Lundb. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. ORDINANCE NOo 57-54 AN ORDINANCE AMENDING ORDINANCE NO. 33-49 KNOWN AS "THE TRAFFIC CODE OF DUBUQUE, IOWA" AS AMEND- ED BY REPEALING SUBSECTION 9' OF SCHEDULE VI THEREOF WHICH PROHIBITED PARKING OF MOTOR VEHICLES ON THE EAST SIDE OF MAPLE STREET FROM SIXTEENTH STREET TO SEVENTEENTH STREET. NOW THEREFORE BE IT OR- DAINED BY THE cITY COUNCIL OF ATTEST, L.. F. Fromm,lt City Cl"k Pubrnb,d oHid,lly in tb, Tol,.upb Honld N,w'p'p" thi, 3td d,y of Octo- b" 1974. Lw P. Frommolt City Cl"k It. ¡0-3 Councilman Brady moved final adoption of the Ordinance. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Nays-None. Absent---Councilman Stackis. September 19, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a pubiic hearing on its proposal to reclassify certain portions of the "Key Knolls Subdivision" in the City of Dubuque, Iowa, from Multiple Residence District to Sin- gle Family Residence District. The area proposed for reclassification is shown on the attached diagram. Legal descriptions of properties in- cluded within the proposed change are contained within the attaChed reclassification ordinance. The Commission has noted that the original zoning district was es- tabiisbed on this portion of "Key Knolls Subdivision" shortly after its annexation in 1960. The devel- opment that proceeded from that point has produced an indiscrimi- nate mixture of single family and multiple residence structures in the area, but the zoning district was sustained on the property to permit development of a pro- posed large-scale townhouse proj- ect. Eariier this year, the devel- oper had abandoned those plans and had committed most of the , . ¡::'I Special Session, September 30, 1974 495 remaining undeveloped portion of the area to single family use. The proposed reclassification would have a material affect only upon the undeveloped frontage of the north side of Keystone Drive. The Commission is aware that the character of the surrounding neighborhood has now been estab- iished in an orderly and uniform pattern of single family use. Con- tinuation of the multiple residence zone in this area does not con- form to the policies of the Plan- ning and Zoning Commission for location of higher-density housing types. The Commission has also noted that there is no inherent difficulty in using the north front- age of Keystone Drive for single family purposes. It is the unanimous recommen. dation of the Planning and Zoning Commission that the portions of "Key KnoliB Subdivision" outlined on the attached diagram should now be reclassified to Single Fam- ily Residence District. City Planning and Zoning Commission Daniel Dittemore Development Planner Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Counc¡¡' men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. AN ORDINANCE amending and changing Ordinance No. 3-34, known as "The Zoning Ordi. nance and Zoning Map of the City I of Dubuque, Iowa," so as to change Lot B, Lot C, and Lot D of Block 12, Lots 3 through 22, inclusive, of Block 13; all of Block 13-A; Lots 1 through 5, inclusive, of Block 14; Lots 8 through 13, inclusive, of Block 14; Lots 9 through 14, inclu. sive, of Block 14-A; Lots 1 through 13, inclusive, of Block 15; Lots 1 through 12, inclusive, of Block 16; all in "Key Knolls Subdivision", Section 21, T89N, R2E, of the 5th P.M., all in the City of Dubuque, Iowa; and Lot 2-1-1-1-1-1-1-1 of the Northwest '4 of the Southeast 'I. of Section 21, T89N, R2E of the 5th P.M., all in the City of Du. buque, Iowa; from "Multiple Resi. dence District" Classification to "Single Family Residence District" classification, presented and read. Mayor Thoms moved that the read. ing just had be considered the first reading of the Ordinance. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Brady. Carried by the follow:ing vote: Yeas - Mayor Thoms, Council, men Brady, Justmann, Lundh. Nays-None. Absent--Councilman Stackis. Mayor Thoms moved that a pub. lic hearing be held on the Ordi- nance on October 21, 1974, at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the heariug in the man- ner required by law. Seconded by Councilman Brady. Carried by the follow:ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Absent--Councilman Stackis. September 19, 1974 Honorable Mayor and Councilmen The City of Dubuque Plan- ning and Zoning Commission has reviewed a proposal to include property recently annexed to the City of Dubuque, Iowa, in the Sin- gle Family Residence District clas- sification. This property is de- scribed as Lot 2 of Lot 1 of the N W'4, NW Fractional '14, Sec- tion 2, T88N, R2E of the 5th P.M.; and Lot 2 of Lot 1 of Lot 1 of the NE '4, NW Fractional 'I., Section 2, T88N, R2E, of the 5th P.M. all in the City of Dubuque, Iowa, an extension of Valentine Drive; and Lot 2 of the SE '4 of the SE 'I. of Section 34, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa, an extension of June Drive The Plan;'ing and Zoning Com- mission has determined that the Single Family Residence District classification is appropriate for Special Session, September 30, 1974 THE CITY OF DUBUQUE, IOWA, SoeMn 1. Tb" Oedin.." No. 33-49 known " ch, "Tuffic Cod, nf Dubuq.., low," " ,mond,d b, ..d tb, ..m, ¡, bmby ,mond,d " follow", Sub,oetion " of Scb,dul, VI of Oe- di..n" No. 33-49 b, ..d tb, "m' ¡, b",by copt,ltd. p""d, ,pprovod ..d ,dopcod chi. 30tb d,y of S'peomb", 1974. All.. T. Thom. M,yt< J,m.. E. Budy Alvin E. Lundb C. Rob"t Jwcm..n Councilmon 496 Special Session, September 30, 1974 ;~~r f~~~~~~ cOa:~de::t~:;~~= I attached Ordinances. City Planning and Zoning Commission Daniel Dittemore Development Planner Mayor Thoms moved that the communication be received and filed. Seconded by COuncilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. NaYo----'None. Absent-Councilman Stackis. AN ORDIN'ANCE zoning and classifying Lot 2 of Lot 1 of the Northwest 'I., Northwest Frac- tional '14, Section 2, T88N, R2E; and Lot 2 of Lot 1 of Lot 1 of the Northeast 'I., Northwest Frac- tional '14, Section 2, T88N, R2E of the 5th P.M., all in Table Mound Township, Dubuque Coun- I ty, Iowa, consisting of 1.261 acres. more or less, as a "Single Family Residence District", (Henschel) presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Couno cilman Brady. Carried by the foi- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-'Councilman Stackis. Mayor Thoms moved that the rule requiring an Ordinance ,to be read on three separate days be waived. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Mayor Thoms moved that a pub- lichearing be held on the Ordi- nance on October 21, 19'74, at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to publish notice of the hearing In the man- ner reqnired by law. Seconded by Councilman Brady. Carried 'by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. AN ORDINANCE zoning and classifying Lot 2 of the Southeast 'I. of the Soutbeast 'I. of Section 34, T89N, R2E of the Mh P.M., in Table Mound Township, Du- buque County, Iowa, consisting of 14.06 acres, more or less as a "Sin- gle Family Residence District" (Henschel), presented and read. Mayor Thoms moved that the read- ing just had be considered the first reading of the Ordinance. Second- ed by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackia. Mayor Thoms moved that the rule requiring an Ordinance to read on three separate days be waived. Seconded by Councilman Brady. Carried by the following vote: Yeas - May<>r Thoms, Council- man Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. May<>r Thoms moved that a pub- lic hearing .be held on the Ordi- nance on October 21, 1974, at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and that the City Clerk 'be instructed to pub lish notice of the hearing in the manner required by law. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. September 27, 1974 Honorable Mayor and City Council The City of Du'buque Planning and Zoning Commission has held a public hearing on the petition of Roger Klauer and others re- questing zoning re-classiflcation of certain portions of C. J. Bies Sub- division from Single-Family Reo;- dence District to Local Business "B" District. SuCh requested area is iJlustrated on the attached Ex- hibit "A". At the public hearing, the staff reported its concerns for unre- solved sewer service and traffic circulation problems in the Bies Drive area, and had recommended a plan for adjusting the street i pattern so that improved circuJa- Special Session, September 30, 1974 4J11 tion could ,be provided in the vi- cinity of Kennedy Mall, and so that the Westridge Subdivision- IDes Drive area could be isolated from through-traffic. It was also acknowledged that the petitioners properties would be less suited to residential use after the street pat- tern had been modified and that Local Business "B" classification would provide for appropriate use of those parcels. It was the unani- mous recommendation of the Com- mission, "that the City Council shouid approve the zoning re-clas- sification at such time as suitable agreements were obtained which would assure the closing of Kebbie and Bies Streets and the extension of Stoneman Road through the area." We are advised that such agree- ments have now been concluded to secure the proposed street sys- tem modifications On the south- ern portion of the area included in the original reclassification re- quest. It is, therefore, our recom- mendation that "Local Business "B" District classification now be established on Lots 5, 6 and 7 of Block 2 and Lots 5, 6, 7, 8, 9 and 10 of Block 3, all in C. J. Bies Sub- division. City of Dubuque Planning and Zoning Commissron Daniel Dittemore 'Development Planner Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb. N~s-None. Absent-Councilman Stackis. AN ORDINANCE amending and changing Ordinance No. 3-34 known as "The Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" so as to change Lots 5, 6, and 7 of Block 2; and lÐts Ii, 6, 7,8,9 and 10 <>tBlock 3, all in "C. J. Bws Subdivision" in the City of Dubuque, Iowa, from "Single Family Residence District" elassification to "Local Business "B" District" Classification (Klau. er), presented and read. Mayor Thoms moved that the reading just had be co""idered the first reading of the Ordinance. Second- ed by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundb. Nays-None. Absent-Councilman Stackis. Mayor Thoms moved that the rule requiring an Ordinance to be read On three separate days be waived. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-Noneo Ab3ent-Councilman Stackis. Mayor Thoms moved that a pub- lic hearing be held On the Ordi- nance on October 21, 1974, at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. A:bsent-Councilman Stackis. Petition of F. N. Smith Construc- tion Inc., requesting permission to excavate for sewer and water service at 1555 J. F. K. Road, pre- sented and read. Councilman Lundh moved that the request be approved. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Petition of University of Du- buque Alpha Phi Omega Frater- nity, requesting permission to so- licit funds to provide relief to the victims of Hurricane Fifi in British Honduras, presented and read. Mayor Thoms moved that the petition be referred to the City Manager for review and co- ordination. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady Justmann, Lundh. Nays-None. AbseDt-Councilman Stackis. Petition of Francis Becker et al (19 signers) objecting to the boisterous conduct at Tavern 10- 498 Special Session, September 30, 1974 cated at 1900 central Ave. at clos- ing time, presented and read. Councilman Justmann moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Lundh. carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent.-Çouncilman Stackis. Petition of JoeTanke et al (12 signers) requesting the extension of North Glen Oak St. from pres- I ent dead-end at 1900 North Glen Oak St. to Rosedale Ave., pre- sented and read. Councilman Brady moved that the rules be suspended in order to let anyone present address the Council if they so de- sire. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Ahsent.-Çouncilman Stackis. Joe Taukeand Paul Ries ad- dressed the Council relative to the petition. Mr. Tauke expressed that the expense for the extension should be borne by the City, as it is not a private proposition. Mayor Thoms moved that the Petition be referred to the City Manager and City Solicitor for considera- tion and recommendation. Second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent--Councilman Stackis. Proof of publication, certified to by the Publisher, of Notice of Hearing to consider the City Man- ager's report on the condition of the property iocated at 759 Hill Street, presented and read. No written objections were received. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Ahsent--Councilman Stackis. RESOLUTION NOo 339.74 WHEREAS the City Manager bas reported to the City Council that the buildings and premises located on Lot 19 and Lot 20 of Roger's Sub., City of Dubuque, Dubuque County, Iowa, are dangerous to life and health because of their condition and that demand has been made by him upon Julien Improvement Company, 1523 Cen- tral Avenue, Dubuque, Iowa 52001, as owner of said property, that the conditions complained of be corrected and that said owner has failed to correct the conditions within the time provided by the notice; and, WHEREAS on September 9, 1974, the City Council set said re- port down for hearing at 7:30 o'clock P.M. Central Daylight Time September 30, 1974, in the City Council Chamber in the City Hall in the City of Dubuque, Du- buque County, Iowa, and directed the City Clerk to give notice of said hearing; and, WHEREAS it appears by return of service now on file in the rec- ords of the City Council that no- tice of said hearing was given by serving by Registered Mail on September 11, 1974, and by publi- cation in the Telegraph-Herald newspaper on September 12, 1974, and, WHEREAS pursuant to said no- tice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Daylight Time on September 30, 1974, in the City Council Chamber in the City Hall in the City of Dubuque, Dubuque County, Iowa, at which time the owner of the above described real estate was afforded an op- portunity to be heard and wit- nesses concerning the condition of the property and the hazard were heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the premises and has reached its determination. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the C1ty of Dubuque, Iowa: Section I. That the structure known as 759 Hili Street, legal- ly known as-Lot 19 and Lot 20 of Roger's Sub., in the City of Du- buque, Dubuque County, Iowa, be and the same is hereby found and declared to be dangerous to life, Special Session, September 30, 1974 499 health and property and a nui- sance. Section 2. That the City Man- ager be and he is hereby author- ized and directed to cause the structure known as 759 Hill Street, legally known as Lot 19 and Lot 20 of Roger's Sub., in the City of Dubuque, Dubuque County, Iowa, to be dismantled and removed. Section 30 That upon completion of said work, the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk sball thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and it shall be col- lected with and in the same man- ner as general property taxes. Section 50 That the City Clerk be and is hereby directed to re- cord a certified copy of this Res- olution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 30th day of September, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution as amended to grant a 30 day extension with re- port to the Council. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of proposals for the construction of the Century Drive and Bies Drive 8 inch Sanitary Sewer, presented and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent.-Çouncilman Stackis. September 26, 1974 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 a.m., Thursday, Septem- ber 26, 1974 for the Century Drive and Bies Drive 8 inch Sanitary Sewer. The lowest bid was entered by Tschiggfrie Excavating of Du- buque, Iowa. Their bid waa 5017% below Engineer's Estimate. I recommend that the contract for the improvement be awarded to the Tschiggfrle Escavating Com- pany. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. (Awarding Contract) RESOLUTION NOo 340-74 WHEREAS, sealed proposals have been submitted by contractors for the construction of CENTURY DRNE and BlES DRNE 8 inch SANITARY SEWER pursuant to Resolution No. 320-74 and notice to bidders published in a news- paper published in said City on September 6, 1974 and September 13, 1974, and WHEREAS, said sealed proposals were opened and read on Septem- ber 26, 1974, and it has been deter- mined that the bid of Tschiggfrie Excavating of Dubuque, Iowa in the amount of $52,463.30 was the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tschiggfrie Excavating and the Manager be and he is bereby directed to execute 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- 500 Special Session, September 30, 1974 u..tors bm;Id the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. passed and adopted this 30th day of September, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Mayo.r Thoms moved adoption of the resolution. Seconded by Coun. ciiman Brady. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent - Councilman Stackis. R&SOLUTION NOo 341.74 RESOLUTION APPROVING PLAT OF THE SUBDIVISION OF LOT 4 OF BLOCK 1 OF RIVER FRONT SUBDIVISION NO.5 IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk of Dubuque, Iowa, a plat of the subdivision of Lot 4 of Block 1 of River Front Subdivision No.5 in the City of Dubuque, Iowa; and, WHEREAS, said plat has been examined by the City Council and tbey find the same conforms to the statues and ordinances relating thereto; NOW THEREFORE, BE IT RE- SOLVED by the Chy Council of the City of Dubuque, Iowa: Section 10 That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby ...tborized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved tlùs 30th day of September, 1974. AJlan T. Thoms Mayor James E. Brady C. Robert Justmann Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Ma101 Thom¡; moved adoption of tbe resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays - None. Absent - Councilman Stackis. September 30, 1974 To the Honorabie Mayor and City Council We are submitting this ietter and attachments to summarize Phase 1I of the Waste Water Treatment Fa- cility and to request your author- ity to advertise for bids for the construction of the proposed sec- ondary treatment section of the program. The City of Dubuque is required by Consent Order to have full sec- ondary treatment operational by 1976 and it is principaJly because of this that we must proceed at this time with the receipt of bids on the construction. The financing of the program cannot be assured and we will attempt here to review this problem in detail. The total program budget in- cluding all elements of Phase II is as follows: Contract 1 - Force Main $1,690,000 Contract II A - Covers, Dew 517,123 Contract II B - Scrubbers, Goerdt - Cedar Modifications Contract IV - Secondary Treatment 1. Intermediate Lift Station 388,000 2. Oxygen Generating & Dissolution Unit 3. Final Clarifiers 4. Final Lift Station 5. Exterior Piping and Control Manholes 6. Sludge Conditioning Building 7. Electrical Controls 8. Plant Site Grading and Improvements 962,835 12,352 3,000,000 665,000 180,000 496,000 2,927,500 600,000 213,000 Contract IV Subtotal $8,469,500 Total Phase 1I Construction Contingency - 5% Engineering, technical services Administrative, Legal Equipment $11,651,810 582,591 827,941 90,000 14,000 Total Phase II Program $13,166,342 The breakdown of the fully fund- ed Federal, State and Local share on tbe project would be as follows: 55% Federal Grant $7,241,488 25% State Grant 3,291,586 Special Session, September 30, 1974 501 20% Local Share 2,633,268 Equipment The present Federal and State Total Revised funding existing today is: Program $11,391,849 Federal Grant $4,523,200 State Grant 2,058,500 + 150,000 = State Grant 2,058,500 -2,208,500 The City staff has requested an Federal increase in the Federai and State Grant 4,523,200 + 330,000 = Funding to full entitlement based -4,853,200 upon the total program budget of Potential Net City $13,166,342. The State Department Share $ 4,330,149 of Environmental Quality (DEQ) In the event sufficent State and has confirmed that sufflCle~t State Federal Funds arenot available for Funds are not avSllable to Incr~ase the construction of the secondary our present grant to .full eniltle. facility, the City would be obligated men!. Fu~ds are avallable for a to finance the total sum of $4,330,- $150,000 Increase of our present 149 on the program thrOllgh local State Grant. Under our grant pro. f d gram the Federal Environmental un s. Protection Agency (EPA) can only We believe this financing the increase its grant in direct propor- majority of the local share coUld, tion to any State increase. if necessary, be handled in the Consequently, the City is fa~ed foJlowing described manner: with proceeding with an extensIve 1. Total available Sanitation Sew- construction program without the age Rental Funds, including retro- benefit of full Federal and State active Federal and State payments financing being i11?"~dÎJlt~lyas- on Phase I, through December, sured. In light of thIS situation, we 1975 $3,067,047 have requested. DEQ and EPA to 2. The grants on the project re- delay.the reqUIrement of the co~- quire the major contributing indus- structlOn of tbe new Force MaIn tries to participate in their pro- until such time as fuJl grant. fund- rated portion of the local share of ing on the program is avall~ble. the construction cost of the pro- The State D~partment of EnVlron- gram and their share of the annual mental Quahty and t!'e Federal Operational and Maintenance Ex- Environmental Prote~on Agency penditures for the facility. have indicated they WIJl support a Preliminary estimates of indus- request to the Iowa Legislature for tries capital allocation on the pro- fuJl grant funding for the total gram have been completed. We bE>- Dubuque Sewage Program. In ad. lieve it is reasonable to expect In- dition, EPA and DEQ have ap- dustry capital payments in 1975 to proved the proposed plans and approach $384,287 specifications for Contract IV- 3 The grant structure also re- Secondary Treatment Facilities. qu~es that the sewage program Proceeding on the assumpi!on must function as a utility with an- that the delay of the construction nual revenues offsetting the total of the Force Main is acceptable and annual operation and maintenance that the State will increase their expenditures. Industry must also present grant in the amount of pay its prorated share of 0 & M $150,000. the following is presented costs. Present annual revenue in as the financing on the immediate the Sanitation Sewage Rental Fund program improvements: is $645,000. To cover actual 0 & M Contract I (Temporarily Delayed) projected expenditures total rev- Contract IIA-Covers enue of $1,194,745 is required for Dow $ 517,123 1975. Contract E!B---Scrubbers, Increasing sewage services charg- Goerdt 962,835 es to the proposed levels in Janu- Cedar Modifications 12,352 ary, 1975 would prowde additional Contract IV-Secondary capital in the amount of $1,194,745 Treatment 8.469,500 - 845,000 = $549,745 Subtotal, Construction 9,961,810 A summary of the available cap- Contingency-5% 496,098 ital at the close of 1975 would be Engineering, technical estimated as follows: services 827,941 , Sanitation Sewage Rental Administrative, Legal 90,000' Fund $3,067,047 14,000 502 Special Session, September SO, 1974 Balance estimate (assuming present rate leveis) Industry Capital Cost Allocation Payments in 1975 Increased available capital through revised Sew- age Service Charges, 1975 384,287 549,745 Total Projected Available Capital $4,001,079 The balance of the potential net city share of $4,330,149 would have to be financed from Sewage Serv- ice Revenues and remaining indus- try capital cost payments over the years 1976 and 1977. Concluding the financial discus- sion, the City of Dubuque must strongly support State Legislative action in the coming year which will thereby increase our Federal and State grants on the program to full entitlement and result in a net local share of $2,633,268. In light of the risk involved, it is recommended that we proceed with the receipt of bids on the sec- ondary treatment section of the program, construction estimated at $8,469,500, for these reasons: 1. To comply with the time schedule of construction outlined in the State Consent Order and meet the required effluent stand- ard of EPA. 2. To establish a firm price on tbe cost of the construction in- volved tbereby minimizing the in- flationary aspects involved. 3. To protect the status of the present grant program under which we are operating. This bene- fits the City's industries in terms of their required capital cost allo- cation. 4. To preserve and utilize the equipment bids previously received on the project. We would not recommend sign- ing the construction contract on this project until the City is as- sured that: 1. A bill is being prepared for submission to the Iowa Legislature as it convenes in 1975 requesting the increase in funding on the sew- age program to full entitlement. 2. Industry concurrence on sew- age service charges and capital allocation scbedule. 3. Preparation and implementa- tion of a revised sewage rate ord- inance is proceeding by January, 1975. In summary, we have included a schedule on the bidding of the pro- posed secondary facility and the resolutions relating thereto. The consultants and staff are availabie to explain the proposed program and the procedure involved. We respectfully request your fav- orable action on this matter. Gilbert D. Chavenelle, City Manager Mayor Thoms moved that the communication be received and filed. Seconded .by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh. Nays - Councilman Justmann. Absent - Councilman Stackis. RESOLUTION NOo 342.74 Approval of preliminary esti. mates, proposed plans, specifica- tions, form of contract, and all other documents for the construc- tion of; PHASE II - WASTE WATER TREATMENT FACILITIES- CONTRACT IV - The nature and the extent of the improvement include an Inter- mediate Lift Station, High Oxygen Treatment Process, High Oxygen Generation Facilities, Four Final Clarifiers, Final Pumping Station, Administration Building Lab Addi- tion, Thermal Conditioning Build- ing, Miscellaneous Site Piping, Splitter Boxes, Electrical and Me- chanical, Existing Plant Modifica- tions, Concrete Roadway and Plant Site Landscaping, at an estimated cost of $8,469,500.00, presented and read. Mayor Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh. Nays - Councilman Justmann. Absent - Councilman Stackis. (Necessity for Improvement) RESOLUTION NO. 343-74 WHEREAS, proposed p I a n s, specifications, form of contract have .been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for Special Session, September 30, 1974 503 - PHASE II - WASTE WATER TREATMENT FACILITIES - CONTRACT IV - The nature and the extent of the improvements include an Intermed- iate Lift Station, High Oxygen Treatment Process, High Oxygen Generation Facilities, Four Final Clarifiers, Final Pumping Station, Administration Building Lab Addi- tion, Thermal Conditioning Build- ing, Miscellaneous Site Piping, Splitter Boxes, Electrical and Me- chancal, Existing Plant Modifica. tions, Concrete Roadway and Plant Site Landscaping. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, and unless any inter- ested person appears and files ob- jections to the pro.posed plans specifications, or cost of such im- provement they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with tbe plans and specifications which have been prepared therefor by the consulting firm of Henning- son, Durham and Richardson which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Sanita- tion Sewage Rental Fund and a Federal - State Grant. The above resolution was intro- duced, approved, and ordered plac- ed on file with the City Clerk this 30th day of September, 1974. Approved: Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk May<>r Thoms moved approval of the resolution. Seconded by Coun- man Lundh. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh. Nays - Councilman Justmann. Absent - Councilman Stackis. (Fixing Oate of Hearing) RESOLUTION NOo 344.74 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary 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 PHASE II WASTE WATER TREATMENT FACILITIES CONTRACT IV The nature and the extent of the improvements include an Inter- mediate Lift Station, High Oxygen Treatment Process, High Oxygen Generation Facilities, Four Final Clarifiers, final Pumping Station, Administration Building Lab Ad- dition, Thermal Conditioning Build- ing, Miscellaneous Site Piping, Splitter Boxes, Electrical and Me- chanical, Existing Plant Modifica- tions, Concrete Roadway and Plant Site Landscaping. BE IT THEREFORE RESOLVED that on the 4th day of November, 1974, a public hearing will be held at 7:30 p.m. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk he and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to advertise for proposals for the construction of the aforementioned improve- ment. Passed, adopted and approved this 30th day of September, 1974. Allan T. Thoma Mayor James E. Brady Aivin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Thoms moved adoption of the resolution. Seconded by 504 Special Session, September SO, 1974 Counciløan Lundh- Carried by the cilman Brady. Carried by the fol- foliowlng vQte: owing vote: . Yeu - Mayor Thoms, Council- Yeas - Mayor Thoms, CounCl- men Brady, Lundh. men Brady, Justmann, Lundh. Nays-Councilman Justmann. Nays - None.. . Absent-Councilman Stackis. Absent - CounClUlan Stackis. RESOLUTION NO. 347.74 RESOLUTION NOo 34S-74 . WHEJR,EAS, applications for Beer BE IT RESOLVED by the CIty Permits were filed by the within Council of tbe City o~ Dubuque, named applicants and they have Iowa, that the followmg havmg received the approval of this complied with tbe provisio~s of law Council; and relating to the sale of ~l~arett~s WHEREAS, the premises to be and Cigarette Papers WIthin saId occupied by such applicants were City. . inspected and found to comply with H. & M. Foods, Inc., dba V¡\lage the ordinances of this city and Inn Restaurant, 1940 John F. they have filed proper bonds; Kennedy Road NOW THEREFORE BE IT RE- Passed, adopted and approved SOLVED by tbe City Council of this 80th day of September 1974. the City of Dubuque, Iowa, that Alian T. Thoms the Manager be authorized to "aUse May<>r to be issued to the following named James E. Brady applicants a Beer Permit. Alvi'ho~~;I:~: CLASS "C" BEER PERMIT National Tea Company, 2013 Cen- tral Avenue Passed adopted and approved this 30th day of September 1974. AlIan T. Thoms Mayor James E. Brady C. Robert Jnstmann Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- clbftan Brady. Carried by the fol- lowing vote: Veas - May<>r Thoms, Council- men Brady, Lundh. Nays-Councilman Justmann. \ Absent-----Councilman Stackis. Attest: Leo F. Frommelt, RESOLUTION NOo 346-74 , City Clerk WHEREAS, applications for Beer Mayor Thoms moved adoption of Permits have been submitted to the resolution. Seconded by Conn- this Council for approval and tbe cilman Brady. Carried by the fol- same have been examined; lowing vote: NOW THEREFORE BE IT RE- Yeas - Mayor Thoms, Council- SOLVED by the City Council of men Brady, Justmann, Lundh. the City of Dubuque, Iowa, that Nays - None. tbe following applications be grant- Absent - Councilman Stackis. ed an.d perm~ts issued upon the RESOLUTION NOo 348.74 comr;lan~ WIth the. terms of the WHEREAS, applications for Liq- Ord anc s of the CIty. uor Licenses have been submitted CLASS "C" BEER PERMIT to this Council for approval and National Tea Company, 2013 Gen- the same have been examined, tral Avenue NOW THEREFORE BE IT RE- Passed, adopted and approved SOL~ by the City Council of this 30th day of September 1974. the City of Dubuque, Iowa, that Allan T. Thoms the foliowing applications be ap- Mayor proved and licenses issued upon James E. Brady the compliance with the provisions C. Robert Justmann of Chapter 131, Acts of the First Alvin E. Lundh Regular Session, 64th General As- Councilmen sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Topeka Inn Managements, Inc.. Also Sunday Sales, 1111 Dodge Street Attest: Leo F. Frommelt, City Clerk May<>r Thoms moved adoption of the resolution. Seconded by Coun- Special Session, September 30, 1974 505 John P. Mihalakis, Also Sunday Absent - Councilman Stackis. Sales, 2095 Kerper Blvd. At 10:08 P.M., Mayor Thoms Passed adopted and approved moved to go into Executive Session this 30th day of September 1974. to discuss Personnel and appoint- Alian T. Thoms ments to various Boards and Com- Mayor missions. Seconded by Councilman James E. Brady Lundh. Carried by the following C. Robert Justmann vote: Alvin E. Lundh Yeas - Mayor Thoms, Council- Councilmen men Brady, Justmann, Lundh. Attest: Nays - None. Leo F. Frommelt, Absent - Councilma.n Stackis. City Clerk Council reconvened in regular Mayor Thoms moved adoption of session at 10:43 P.M. At that time, the resolution. Seconded by Coun- Mayor Thoms announced no ap- cilman Brady. Carried by the fol- pointments had been made. lowing vote: There being no further busincss, Yeas - Mayor Thoms, Council- Councilman Lundh moved the men Brady, Justmann, Lundh. meeting be adjourned. Seconded Nays - None. by Mayor Thoms. Carried by the i\bsent - Councilman Stackis. following vote: Yeas - Mayor Thoms, Council- RESOLUTION NOo 349-74 men Brady Justmann Lundh. ~EAS, applications for Liq- Nays - 'None. ' uor LIcenses were flIed by the Absent - Councilman Stackis. within named applicants and they Leo F. Frommelt have received the approval of this City Clerk' Council, and WHEREAS, the premises to be occupied by such applicants were Approved ................................19--. inspected and found to comply with the State Law and all City Ordinances relevant thereto and Adopted ..................................19--. they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by tbe City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the foliowing named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Topeka Inn Managements, Inc., Also Sunday Sales, 1111 Dodge Street John P. Mihalakis, Also Sunday Sales, 2095 Kerper Blvd. Passed adopted and approved ..... this 30th day of September 1974. Alian T. Thoms Mayor James E. Brady C. Robert Justmann Alvin E. Lundh Councilmen """"""""""""""""""M'äÿö¡:"""""" """"""""""""""""""Coüñclïiïifiiï Attest: """Ciïÿ"ëïë~k"""""""o""'" Attest: Leo F. Frommelt, City Clerk May<>r Thoms moved adoption of the resolution. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays - None.