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1974 October Council Proceedings Regular Session, October 7, 1974 CITY COUNCIL OFFICIAL Regular session, October 7, 1974. Council met at 7:30 o'clock P.M. (C.D.T.) Present - Mayo,r Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. City Manager Gilbert D. Cha.enelle. ¡ May~r Th~1ThS read the call and ¡' stated that service there~f had been duly made and this meeting I is the REGULAR MONTHLY' MEETING of the City Council call- ed for the purpose of acting upon such business as may properly rome before the Meeting. Playground & Recreati~n Com- mission submitting minutes ~f their meetings of August 26th and September 3rd, presented and read. Councilman Brady moved that the minutes be received and filed. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - May~r Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Justman m~ved that the resignætion of Jack Coffee be accepted with regret and a letter of appreciation be sent. Seconded by Councilman Lundh. Carried by I the following vote: Yeas - Mayor Th~ms, Council- men Brady, Justmann, Lundh, Stackis. Nays--None. Councilman Justmann moved that appreciation be extended to Du- buque Bank & Trust for donætion of $2500.00 for tennis court lights at Comiskey Field. Seronded by Councilman Lundb. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Justmann moved to set up a work session with Council, Recreation Dept., and ~ck Com- I mission as to agreement of Area "C" for site use. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Councilmen Brady, Just- mann, Lundh, Stackis. Nays-Mayor Thoms. 507 October 7, 1974 Honorable Mayor and City Council I request that Leo Frommelt be authorized to sign city papers on behalf of the city manager during my absence from the city October HI-17. The papers will largely ronsi,t of purchase orders and vouchers atLthorizing payment of bills. Gilbert D. Chavenelle City Manager Councilman Justman moved that the reqnest be granted. Seconded ,by Mayor Th~ms. Carried ,by the following vote: Yeas - Mayor Thoms, Conncil- men Brady, Justmann, Lundh, Stackis Nays-None October 7, 1974 Honorable Mayor and City Council I am enclosing a copy of the petition of the University of Du- buque for a fireworks display and a Hold Harmless Agreement sub- mittedby the petitioner. The permit was granted after the agreement was received. It is our feeling that futnre re- quests for fireworks should be refused unless the display will be for a major event. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Brady. Carried by tbe following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Notice of Suit of Richard V. Hansel, et ai, praying for relief of lien assessed against their prop- erty for garbage and refuse col- lection and the City be enjoined from assessing further charges, presented and read. Councilman Lnndh moved that the N~tice of Suit be referred to the Oity S0- licitor for proper proceedings. Seconded by Councilman Just- mann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. 508 Regular Session, October 7, 1974 Notice of Iowa District Court by , Doris S. Churchill, plaintiff, in the amount of $337.55 for car damage, incurred as the result of falling City owned trees on June 20, 1974, on said vehicle, present- ed and read. Councilman Lundh moved that the Notice of Iowa District Court be referred to the City Solicitor for proper proceed, tngs. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Tboms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Mrs. Margaret Spoerre, et ai, objecting to the barricading of Washington Street between 15th & 16th Streets, pre- sented and read. Mayor Thoms moved that the petition be re- ferred to the Council Meeting on November 18th. Seconded by Coun- cilman Jusmann. Carried by tbe following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Stacm. Nays-None. Abstain-Councilman Lundh. Petition of YMCA to schedule the annual Halloween Parade on Wednesday evening, October 30th at 7:30 P.M., presented and read. Councilman Brady moved that the petition be approved subject to approval of the City Manager and Police Depar.lment. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of St. Columbkille's Par. ish, requesting a refund of $225. on the unexpired beer license No. 2198, as they diseontinued business on Sept. 2, 1974, presented and read. Councilman Stackis moved that the refund be granted and the City Auditor be directed to issue proper warrant. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council. men Justmann, Lundh, Stackis. Nays-Councilman Brady. Petition of St. Elias The Prophet Greek Orthodox Church requesting a refund of $225. on unexpired beer license No. 1933, as they dis- continued business on July 30, ::i<'-' 1974, presented and read. Council. man Stackis moved that the refund be granted and the City Auditor be directed to issue proper war. rant. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays-Councilman Brady. Petition of Northwestern Bell requesting permission to excavate at Grandview Ave. & Delhi St. for cable repairs, presented and read. Mayor Thoms moved that the peti- tion be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. September 30, 1974 To the Honorable Mayor and City Council Attached is an application for a grant from the Iowa Department of Public Safety to participate in its Mini-ASAP (Alcohol Safety Ac- tion Program) Program. Under this grant the State will provide $28,- 765.28 to the City of Dubuque for payment of overtime to police of- ficers and for the acquisition of a video camera and related tape equipment. The City will be reo quired to provide $2,550 in.kind match. The goal of the Mini-ASAP is to reduce the number of vehicular accidents resulting from alcohol by 10% in Fiscal Year 1975. The plan of the program is to acquire increased enforcement by provid- ing funds for policemen to work overtime to raise enforcement lev- els and to institute improvements on documental procedures for the establishment of evidence. You are requested to adopt the Resolution authorizing the Mayor to sign the grant for the funding and for the City to provide $2,550 in-kind match. Francis A. Murray Assistant 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, SlacklS. Nays-None. Regular Session, October 7, 1974 RESOLUTION NO. 350.74 WHEREAS, the City Council of the City of Dubuque desires to participate with the Iowa Depart- ment of Public Safety in imple. mentation of the Department's Mini-ASAP Program. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, that the City Council authorizes the Mayor to sign application for grant with the Iowa Department of Public Safety for $28,765.28 and author. izes the City to provide $2,550 In- Kind Local Match. Passed, adopted, and approved this 7th day of October, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Second. ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms. Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 351.74 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga. rettes withIn the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. American Legion, Dubuque Post #6, 1306 Delhi Street Passed, adopted and approved this 7th day of October 1974. Allan T. Thoms Mayor James E. Brady Emil Stackis Alvin E. Lundh Councilman Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays--Councilman Justmann. 509 Communication of Councilman Justmann urging the Council to move carefully in the structuring of a new relationship with Du- buque Cable TV and to be con. sidered from the Financial and public policy issues, presented and read. Councilman Justmann moved that the communication be re- ceived and filed. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays-None. Abstain-Councilman Lundh. Councilman Brady moved that a Cable TV rate increase Be Denied. MOTION DIED FOR LACK OF A SECOND. Councilman Stackis moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Coun- cilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Wm. Mason, Director of Tele- prompter, and attorney Leo Mc- Carthy addressed the Council rela- tive to TV Teleprompter situation at the present time. There being no further business. Councilman Slackis moved to ad- journ the meeting. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. Leo F. Frommelt City Clerk Approved ................................19---. Adopted ..................................19---. """""""""""""""""""""""""""""" Councilmen Attest """"""""ëiï~"'ëi~~k"""""" 510 Special Session, October 14, 1974 CITY COUNCIL OFFICIAL Special Session, October 14, 1974. Council met at 7:30 P.M. (C.D.T.) P.--nt - Mayor Thoms, Coun. cilmen Brady, Justmann, Lundh, Stackis. Absent-City Manager Gil- bert D. Chavanelle. Mayor Thoms read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- SIDERING ADOPTION OF AN ORDINANCE TO PERMIT OFF. STREET PARKING ON MINERAL LOT 158 AND LOTS ON NEVADA PARK SUB.. and acting upon such other business as may properiy come before a regular meeting of the Council. Dubuque Advisory Commission submitting minutes of their meet- ing of September 24, 1974, with proposed resolution attached con- cerning attendance requirements at meetings of various Boards and Commission, presented and read. Mayor Thoms moved to suspend the 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. Dave Clemens, Chairman of the Ad'Visory Commission, addressed the Council relative to the pro- posed res 0 I uti 0 n. Councilman Lundh moved adoption of the res. olution. Seconded by Councilman Justmann. Vote on the motion was as follows: Yeas - Councilmen Justmann, Stackis. Nays - Mayor Thoms, Council- men Brady, Lundh. MOTION FAILED. Councilman Brady moved to re- fer the proposed resolution to the City Solicitor for minor rewrite and Council approval. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Councilmen Brady, Just- mann, Lundh, Stackis. Nays-Mayor Thoms. Communication of National Con- fectioners Ass'n. submitting a "Meet 'n Treat" campaign designed to take the "trick" out of Hallo- ween, presented and read. Mayor Thoms moved that the communica- tion be referred to the City Cierk for public use and the Press. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Mayor Thoms signed a proclama- tion declaring that the annual YMCA Halloween Parade shall be held on October 30, 1974 and ob- serving October 31, 1974, as offi- cial "Trick or Treat" Day. Communication of Planning & Zoning Commission, forward from meeting of September 30th, rec- ommending denial of Dorrance Pitz et al petition of March 26th, re- questing deletion of professional office use classification on west side of Bluff Street between West Third and West Fifth Street, pre- sented and read. Mayor Thoms moved that the communication be received and filed and recommen- dation be approved. Seconded by Councilman Lundh. Vote on the motion was as follows: Yeas - Mayor Thoms, Council- man Lundh. Nays - Councilmen Brady, Just- mann, Stackis. (Vote failed to car- ry-three-fuurths ('1'4) of all mem- bers of the Council be in favor.) AN INTERIM ORDINANCE re- quiring a special permit from the Board of Adjustment to allow the exterior alteration of any building located within the following de- scribed area: "Beginning at the southwest corner of West Fifth Street and Bluff Street thence southerly along the west side of Bluff Street to the northwest cor- ner of the intersection of Bluff street and Emmett Street, thence westerly along the north side of Emmett Street to the northeast corner of the intersection of Em- mett Street and St. Mary's Street, thence northerly along the east side of St. Mary's Street and con- tinuing along the east side of the extension of St. Mary's Street to its intersection with West Fifth Street, thence easterly along the south side of West Fifth Street to its intersection with Bluff Street which is the point of beginning": and further requiring a ninety Special Session, October 14, 1974 511 (90) day waiting period prior to the issuance of a demolition per- mit for any building located with- in such aformentioned area, pre- sented and read. Councilman Just- mann moved that the reading just had be considered the first read- ing of the Ordinance. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Justmann moved that the rule requiring an Ordi- nance to be read on three sep- arate days be waived. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Justmann moved that a public hearing be held on the Ordinance on December 9, 1974, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instruct- ed to publish notice of the hear- ing in the manner required by law. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. October 10, 1974. The Honorable Mayor and Members of the City Council Please be advised that I have approved the Sidewalk bond con- tinuation certificate of Lloyd Lu- ber, Bond No. 253247, issued by Merchants Mutual Bonding Co. and dated May 4, 1974, and desire to have your approval of same. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed and filing be approved. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Printed Council Proceedings for month of June, 1974, presented for approval. Mayor Thoms moved that the proceedings be approved as printed. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. October 11, 1974 Honorable Mayor and City Council Re: Phase IT - Sewage C 190460 Attached is a copy of the status report prepared by Mr. Obr and submitted to the ComptroIler's Of- fice on the Dubuque funding sit- uation. We believe it is weIl written and speaks favorably in regard to the funding situation. We are proceed.ing with Mr. Lynn Barney to move forward on the matter. Francis A. Murray Asssistant City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Mayor Thoms. Carried by the foIlowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Citizen's Transportation Commit- tee submitting minutes of their meeting of September 24, 1974, presented and read. Mayor Thoms moved that the minutes be re- ceived and filed. Seconded by Councilman Stackis. Carried by the folIo wing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of C i t i zen's Transportation Committee submit- ting the folIowing suggestions to solve critical traffic areas. Stripe Kennedy Road from Asbury to Pennsylvania to 4 lanes; Study implementation of plan to provide a Jackson Street couple with Cen- tral Ave. from 21st to Ruby Street, providing a right turn at 21st from White to Jackson northbound; Eliminate 3 parking meters on Main St. at First Street for north- bound traffic, presented and read. Mayor Thoms moved that the com- munication be referred to City Manager, City Engineer and Traf- fic Committee for investigation . 512 Special Session, October 14, 1974 and report. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Notice of Claim of Joseph & Ruth Siegert, in the amount of $450., occasioned by the City, pur- suant to Agreement between the City and the Siegerts for the pur- pose of testing soil and running test holes on their property for possible use for lake purposes, presented and read. Mayor Thoms moved that the Notice of Claim be referred to the City Solicitor for proper proceedings. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Notice of Claim of Loras L. Arensdorf, in the amount of $207.13, for motorcycle damage as the result of striking a hole in Kerper Blvd. on October 4, 1974, presented and read. Mayor Thoms moved that the Notice of Claim be referred to the City Solicitor for proper proceedings. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays~None. Notice of Claim of Lyle C. Den- linger, in the amount of $>W.93, for car damage as the result of said car being struck by a meter maid vehicle at 1348 Central Ave. on October 5, 1974, presented and read. Mayor Thoms moved that the Notice of Claim be referred to the City Solicitor for proper proceedings. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Notiee of Claim of Sheila Kon- rardy, in an undetermined amount, for personal injuries received in a fall on a broken curb at 1530 Jackson St. on October 6, 1974, presented and read. Mayor Thoms moved that the Notice of Claim be referred to the City Solicitor for proper proceedings. Seconded ,"".~ , by Counciiman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to consider pro- posal to amend the Zoning Ordi- nance by changing from Two Fam- ily Residence District to Multiple Residence District Classification to permit off-street parking on Lot 1 of Lot 2 of Mineral Lot 158; and Lots 13 and 14 of Nevada Park Resubdivision, YMCA request, pre- sented and read. No written ob- jections were filed and no oral objectors were present in the Coun- cil Chamber at the time set for the hearing. 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, Juslmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 58-74 An Ordinance amending and changing Ordinance No. 3.34, known as "The Zoning Ordi- nance and Zoning Map of the City of Dubuque, Iowa", so as to change certain property here- inafter described from "Two Family Residence District" Clas- sification to "Multiple Residence District" Classification with in- elusion in Section 2, Subsection (i) of Artiele IV thereof to per- mit off.street parking (YMCA), said Ordinance having been pre- viously presented and read at the Council meeting of September 23, 1974, presented for final adoption. ORDINANCE NO. 58.74 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34, KNOWN AS "THE WNING ORDI- NANCE AND WNING MAP OF THE CITY OF DUBUQUE, IOWA", SO AS TO CHANGE CERTAIN PROPERTY HEREINAFTER DESCRIBED FROM "TwO FAMILY RESIDENCE DIS- TRICT" CLASSIFICATION TO "MUL- TIPLE RESIDENCE DISTRICT" CLAS- SIFICATION WITH INCLUSION IN SECTION 2, SUBSECTION (i) OF ARTcLE TV THEREOF TO PERMIT OFF-STREET PARKING NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Special Session, October 14, 1974 S",ion 1. Tlut Otdi..n" No. 3-34, known" "th, Zoning Otdi..n" ,lid Zoning M,p of th, City of Dubuqu" low," b, ,.d th, "m' i, hmby 'mood- ,d by ,h,ugiug horn "Two F,mily R,,- id,n" Dimkt" d",ifimion to "MuI- tiel, R"id.." Dimi"" d",ifimion with ind.,ion io SOt"on 2, Sub""ion (i) of Anid, IV th","f, " follow", "Ankl, IV. Smion 2. (i) O£f >t"", p"king within th, following d""ib,d "'" Lot 1 of Lot 2 of Min",¡ Lot 158; ,lid Lot 13 ,.d Lot 14 of Nmd, P"k R"ubdivi,ion in th, City of Dn- buqu" low,." Sectiou 2. Th" th, fo"going Am'nd- m,nt h" hmtofo" b"n 'ppwvod by th, Phnning ,.d Zoning Commi"ion of th, City of Dubuqu" Tow,. P""d, ,ppw¥Od ,nd ,dop"d thi, 14th d,y of O"ob", 1974. All", T. Thoms M,yot c. Rob,n Ju>tm,.n J,m... E. Bndy Emil S",ki, Alvin E. Lundh Couudlm'n ATTEST, L,o F. Ftommdt City C¡"k Publi,h,d o£fkhlly in th, T,l,.nph Hmld N,w'p'pet thi, 17th d,y of 0,- tobot 1974. Lro F. Ftommdt City Cl"k It. 10-17 Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Brady. carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays~None. October 9, 1974 To the Honorable Mayor & City Councilmen A request has been received from Geisler Bros. Sheet Metal Company for permission to erect a steel building, 80' x 140', in the one-half of block on Washington S t r e e t, between Eleventh and Twelfth Streets, and Washington and Elm. The plan is for Caradco to trade the proposed location for the prop- erty now occupied by Geisler Bros. Their object is to expand to the south and east and not north. In the process all the old buildings of Geisler Bros. would be removed. To enable Geisler Bros. to build a metai building on the proposed area it is necessary to eliminate this half block from the fire limits which prohibits a metal building. 513 After a conference with the parties Involved it was determined that if the iire limits is amended, a new metal building on part of this area with off-street parking and storage area could be con- structed; completely surrounded by street and an alley and not close to any building. I believe this would be an im- provement in this area, on what is now a vacant lot. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication ,be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 59.74 An Ordinance establishing a Fire Limits for the City of Dubuque, Iowa, for the purpose of the protection of closely built com. merical districts against the haz- ards of fire spreading from building to building, by supple- mentary rastrictions on the con. struction permiHed within such limits, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman 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 NO. 59-74 AN ORDINANCE ESTABLISHING A FIRE LIMITS FOR THE CITY OF DUBUQUE, IOWA, FOR THE PUR- POSE OF THE PROTECTION OF CLOSELY BUILT COMMERCIAL DIS- TRICTS AGAINST THE HAZARDS OF FIRE SPREADING FROM BUILDING To BUILDING, BY SUPPLEMENTARY RESTRICTIONS ON THE CONSTRUC- TION PERMTTTED WITHIN SUCH LIMITS. 514 SpeciaJ Session, October 14, 1974 NOW. THEREFORE. BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. Fi" timi" e...billhed, All th" p." of the City of Dubuquo, low.. ombucod within the limi" ho""f", d.."ibod ,h.II bo known" the {i" limi" of tho City of Dubuqno, low., to wi" BEGINNING" . point in tho "n'" lioo of tho Chi"go. Milw.uk". St. P.ul .nd P"ific R"I,..d m.in line .nd tho "nt" lino of Jon.. Sm". to tho "n'" lino of the .IIey b"w"n Locu" Sm", ..d Bluff S""'t; thon" .long tho "n'" lino of tho .IIoy b"w",n Locu" S,,"'t ..d Bluff S""t. then" nouh to the "n'" lino of we" Thi,d S"m; thon" .long the cont" line of w..e Thi,d S""t o",ody to tho cone", Iino of Locu" S""t; thonco .long tho con'" lino of Locu" Sm", no"hedy to tho cont" lino of Lom Blvd.; thon" .long the ::::: Iii:: off ~h:' .~;dï,::::~y ¿;n:~í I Avonuo .nd low. S"m; thence ..Iong tho cen'" li.o of tho .IIoy botw"n Contul Avonuo .nd low. S""', noe- thody to tho con'" li.o of wo" Seven- temth S""t; thOD" f,.m tho cont" line of the .11" b"we", Contul Avonue ad 10'" Smet, no"hedy .Iong tho con'" line of H«b S,,«t to tho ccn'" lino of "" Eghteenth S,,"'t, ex"nded to the ".", li.e of Hœb S""'t; the." e""dy ..Io.g the con'"~ li.o of "" Eigh",nth S"ee', ",endod ""edy to the COD'" Ii.e of Con".l Avonue; thonce ..uh,,!y .Iong tho co.", line of Con",1 Avonue to tho "nt" li.o of "" Twen- tieth S""'t; the." .long tho cont" lino of e"t Twe.ti"h Smet to tho ".", lino of Whi" Smct; tho." .outhedy .Iong the ".", li.e of Whi" Sm" eo eho "ne" lino of "" Eleventh S"eet; thon" "",dy .long tho con'"~ lino of e"t Elmnth S""t to the "nt" line of tho m.i. lino of the Chbgo, Mil- w.ukee, St. P.ul .nd Pocific R"l,..d tUck,; thonce .outhody .Iong the "n- toe line of tho m". line of the Chi"go, Milw.okee, St. F.ul ..d Pocific R.ilio.d tuck, to tho con'"~ line of Joo.. S"eet which i. tho point of BEGINNTNG. SECTION 2. Thi. O,din.n" .h.II be in full loeco .nd effect feom .nd .f", i" fi..l p"..ge, .doption .nd publi,,- tio. .. by low p,.vided. SECTION 3. O,di..nce No. 'I-Z0 bo .nd ..me i. hmby eepe'¡ed. P...ed by ",o,ded ,.11 ,,11 vo", .dop'- od ..d .pp,.vod thi. 14th d.y of Oc- tObo" 197<. All.. T. Thonu M.yoe C. Robou Ju"m.nn J.m.. E. Budy Emil S"ck.. Alvi. E. Lundh Councilmon ATTEST, Lon F. F,.mmel, Ci'y CI"k Fubillhod offid..Ily in the Teleguph- H",ld new,p'pe' thi. 17th d.y of Oc- cob", 197<. Leo F. F,.mmelt City CI"k 1 ,. 10-17 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 Robert L. Morris et al (5 siguatures) objecting to the installation of the commercial high intensity parking lot lighting sys- tem installed by the Church of Latter Day Saints in the Knob Hill Addition, presented and read. Councilman Stackis moved that the petition be referred to the City Manager, Engineering Dept. and Electrical Dept. for investiga- tion and report. Seconded by May- or Thoms. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men' Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Dorothy Willman et al (142 signat1LCes) submitted by B. B. Grote of the Dubuque Casket Co. objecting to the blockading of Washington Street, presented and read. Councilman Justmann moved that the petition he referred to the Council meeting of November 18th. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Mark D. Witherall requesting 8 zoning reclassifica- tion of Lot 1 of Block 12 of West- chester from Two Family to Mul- tiple Family Classification, present- ed and read. Councilman Justmann moved that tbe petition be re- ferred to the Planning & Zoning Commission. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of My-Cap Vendors Inc. of 175 W. 32nd St. requesting that Lots 1, 2, 3 and 4 in Humboldt Addn. be rezoned to a multiple residence district classification to Special Session, October 14, 1974 515 permit off-street p..-king, present- ed and read. Councilman Justmann moved that the petition be re- ferred to the Planning & Zoning Commisoion. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms. Council. men Brady, Justmann, Lundh, Staekis. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to consider gale of Lot 1 of Lot 4 of Block 1 River Front Sub. No.5 to Iowa Coaches, Inc., presented and read. No writ- ten objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Mayor Thoms moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Lundh. Car- ried by tbe following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, StaelOs. Nays-None. RESOLUTION NO, 352.74 WHEREAS, pursuant to Resolu- tion of publish notice of time and place of hearing published in the Telegraph-Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on September 20, 1974 and September 27, 1974, City Council of the City of Dubuque, Iowa, met on tbe 14:h day of Octo her, 1974, at 7:30 o'clock P.M. (Central Daylight Sav- ings Time) in the City Council Chambers, City Hall, Dubuque, Iowa, to consider proposal to dis- pose of interest of the City of Dubuque, Iowa, in real estate, hereinafter described to IOWA COACHES INCORPORATED; and WHEREAS, 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 lOW A COACHES INCOR- PORATED; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the disposal of interest of City of Dubuque, Iowa, in the following described real estate, to-wit: Lot 1 of Lot 4 of Block 1 of "River Front Subdivision No. 5" in the City of Dubuque, Iowa, containing approximate- ly 6,180.74 square feet, .14 acres more or less, to lOW A COACHES INCORPORAT- ED for the purchase price of forty eight cents (.48 cents) per square foot and the receipt of $500.00 as down payment is herewith ac- knowledged by the City of Du- buque. Section 2: That the City Clerk be and he is hereby authorized and directed 10 deliver deed of conveyance conveying the above described real est'ate to IOWA COACHES INCORPORATED upon receipt of the purchase price. Section 3: That tbe City Clerk be and he is hereby authorized and directed to record a certified copy of this B:esolution in the "f- fice of the Dubuque County Re- corder. Section 4: Thzrt the ""J!structi"J! of all buildings, yards, parking k>ts, fences and ancillary improve- ments shall be constructed in con- formance with existing City codes and such uses carried on said property shall be in accord with the City ordinances. Section 5: That the City of Du- buque, Iowa, shall retain a per- petual easement for existing water lines, existing sanitary sewer lines and storm sewer lines and for utilities together with the right of ingress and egress to repair, inspect and maintain the same. Passed, approved and adopted this 14th day of October, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Y~as - Mayor Thoms, Council. i men Brady, Justmann, Lundh, , Stackis. Nays-None. 516 Special Session, October 14, 1974 October 9, 1974 I To the Honorable Mayor and City Council Re: Cedar Street Lift Station V'alve and Sluice Gate Mod- ifications We are submitting the im¡><ove- ment of the Cedar Street Lift Sta- tion repairs to you for your re- view and to request your authority to advertise for the receipt of bids on the project. We propose bidding the repairs involved because the scope of the ¡><oject is beyond the physical capability of the maintenance peo- ple at the Waste Water Treatment Facility. It will require specialized equipment which would have to be purchased by the City to ac- complish this work. In short, we believe it will be cheaper to receive competitive bids on the work rather than complete an expen£Ïve repair on force ac- count with our own crews. The repairs and modifications consist of installing a new sluice gate in the wetwell of the station to replace the existing cast gate which has failed. In addition, we must raise two existing globe valves to a position immediately below the force main header to prevent the vertical stand pipes from plugging with solids, thereby eliminating a continuous main- tenance problem. We propose to finance this proj- ect, est i mat e d at $12,352.00, through budgeted funds in the Sanitation Sewage Rental Fund. Should you have any questions on the proposed ¡><oject, we will be available for further clarifica- tion. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councitman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 353.74 Approval of Preliminary Esti- mate of proposed plans, specifica- tions, form of Contract, and all other documents to complete the Cedar Street Lift Station Valve And Sluice Gate Modifications- 1974-The nature and the extent of the modifications consist of the relocation of two sixteen (16) inch automatic valvea within the dry- well of the lift station and the re- installation of a new sluice gate in the wetwell of the structure in the estimated amount of $12,352.00, presented and read. 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. (Necessity for Improvement) RESOLUTION NO. 354-74 WHEREAS, proposed plans, spec- ifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk sbow- ing among other things the fol- lowing: 1. CEDAR STREET LIFT STATION VALVE AND SLUICE GATE MODIFICATIONS-1974 The nature and the extent of the modifications consist of the re- location of two sixteen (16) inch automatic valves within the dry well of the lift station and the re- installation of a new sluice gate in the wetwell of the strncture. 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 in- terested person appears and files objections to the proposed 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 the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Sani- tation Sewage Rental Fund. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 14th day of October, 1974. Special Session, October 14, 1974 517 Approved and placed on file for I final action. Approved: Allan T. Thoms Mayor James E. Brady C. Robert Justmann Alvin E. Lundh Emil Stackis Councilmen Attest: Attest: Leo F. Frommelt Leo F. Frommelt City Clerk City Clerk Mayor Thoms moved adoption of Mayor Thoms moved adoption the resolution. Seconded by Coun- of the resolution. Seconded by cilman Stackis. Carried by the fol- Councilman Stackis. Carried by the lowing vote: following vote: Yeas - Mayor Thoms, Council- Yeas - Mayor Thoms Council- men Brady, Justmann, Lundh, men Brady, Justmann: Lundh, Stackis. Stackis. Nays-None. Nays-None. RESOLUTION NO. 356-74 (Fixing Date of Hearing) WHEREAS, applications for Liq- RESOLUTION NO. 355.74 uor Licenses have been submitted WHEREAS, the City Council of to this Council for approval and the City of Dubuque, Iowa has the same have been examined. given its preliminary approval on NOW THEREFORE BE IT RE- the proposed plans, specifications, SOLVED by the City Council of and form of contract and placed the CIty of Dubuque, Iowa, that same on file in the office of the the following applications be ap- City Clerk for public inspection for proved and licenses issued upon CEDAR STREET LIFT STATION the compliance with the provisions VALVE AND SLUICE GATE of Chapter 131, Acts of the First MODIFICATIONS-1974 Regular Session, 64th General As- The nature and the extent of the sembly. modifications con.sist of the ~Io- CLASS "C" (COMMERCIAL) cahon ?f two s1Xt~e,! (16) mch BEER AND LIQUOR LICENSE autlolmafhtch Vlalfvtest Wtilthin dthteh dry- Merlin F. Heiar, 1900 Washingion we 0 e 1 s a on an ere-Street installation of a new sluice gate in the wetwell of the structure. CLASS "B" (HOTEL.MOTEL) BE IT THEREFORE RESOLVED BEER AND LIQUOR LICENSE that on the 18th day of November, Anthony A. and Bette O. Hellhog, 1974, a public hearing will be held 701 Dodge Street at 7:30 p.m. in the Council Cham- Passed, adopted and approved ber of the City of Dubuque at this 14th day of October 1974. which time the objectors for the Allan T. Thoms proposed improvement may appear Mayor and make objection to the pro- C. Robert Justmann posed plans and specifications and James E. Brady proposed form of contract, to the Emil Stackis cost of the improvement and the Alvin E. Lundh City Clerk be and he is hereby di- Councilmen rected to cause a notice of the Attest: time and place of such hearing to Leo F. Frommelt be published in some newspaper City Clerk published in the City of Dubuque Mayor Thoms moved adoption of which shall be not less than ten the resolution. Seconded by Conn- (10) days prior to the day fixed cilman Stackis. Carried by the fol- for its consideration, and said lowing vote: Clerk is further instructed to ad- Yeas - Mayor Thoms, Council- vertise for proposals for the con- ,men Brady, Justmann, Lundh, struction of the aforementioned: Stackis. improvement. I Nays-None. Passed, adopted and approved this 14th day of October, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Alvin E. Lundh Emil Stackis Councilmen 518 Special Session, October 14, 1974 RESOLUTION NO. 357.74 WHEREAS, applications for LIq- uor LI<:enses were filed by the within named opplicants and they have received the approval of this Council, oDd WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances releVllnt thereto and they have filed proper bonds. NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following nan>ed applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE 'Merlin F. Heiar, 1900 Washington Street CLASS "8" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Anthony A. and Bette O. Helling, 701 Dodge Street Passed, adoped and approved this 14th doy of October 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alyin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 358-74 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Groves Kelco, Inc. dba NabOrs Drug, 1920 Elm Street Passed, adopted and approved this 14th day of October 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 359.74 WHEREAS, applications for Beer Permilß were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occul'ied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed pl'O]Jer 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 apl'licants a Beer Permit. CLASS "C" BEER PERMIT Groves Kelco, Inc., dba NabOrs Drng, 1920 Elm Street Passed, adopted and approved this 14th day of October 1974. Allan T- Thoms Mayor C. Robert Justmann James E. Brady Emil Staclds Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption ad' the resolution. Seconded by Councilman Lundh. Carried by the follOWÙ1g vote: Yeas - Mayor Thoms, Council- men Brady, Justm1ll1n, Lundh, Starkis. Nays-None. Special Session, October 14, 1974 519 RESOLUTION NO. 360-74 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Merlin F. Heiar, 1900 Washington Street Passed, adopted and aporoved this 14th day of October 1974. Allan T. Thoms Mayor James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Bradv, Lundh, Stackis. Nays-Councilman Justmann. RESOLUTION NO. 361-74 WHEREAS, Joseoh W. Clark passed away on Tuesday, October 8, 1974; and WHEREAS, Joseph W. Clark, a long time resident of the City of Dubuque, Iowa, was active in p0- litical circles and for many years he was a prominent Democrat and achieved the high office of State Representative of the State of Iowa in the year 1972: and WHEREAS, Joseph W. Clark was an ardent Labor Union member, being a member of Laborers Local 659, Dubuque, Iowa, and he was active in his parish work being a member of St. Mary's Parish, Du- buque, Iowa, and was also active in Dubuque County Beekeepers Association. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I: That the City Council of the City of Dubuque does for- mally go on record memorializing the passing away of Joseph W. Clark and making official note of his contributions to the life and fiber of this community. Section 2: That the City Clerk be and he is hereby directed to forward a certified copy Df this Resolution to his surviving spouse, Mary Louise Clark, as an official expression of condolence and sym- pathy' to the surviving wife and family of Joseph W. Clark. Passed, approved and adopted by the City Council this 14th day of OctDber, 1974. Allan T. Thoms Mayor C. RDbert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F, Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded 'by Councilman Starkis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lnndh, Stackis. Nays-None. AN ORDINANCE amending Or- dinance No. 33-49 known as the "Traffic Code Of The City Of Du- buque, Iowa", by repealing Sec- tion 30 thereof and enacting a new Section 30 thereto to establish noise standards, to prohibit the op- eration of motor vehicles in viola. tion Df established noise standards and providing penalties for viola- tion thereof, presented and read. Councilman Justmann moved that the proposed Ordinance be re- ferred to the City Solicitor. Sec- onded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lnndh, Stackis. Nays-None. Councilman Brady moved for Council to concur with Planning & Zoning Commission, relative to Du- buque Packing Company's request, by rejecting tendered Ordinance, and Building Commissioner be in- structed to issue building permit if requested. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-Councilman Stackis. At 9:40 P.M. Mayor Thoms moved to go into Executive Session to discuss appointments to various Boards and Commissions. Second- Mayor Special Session, October 21, 1974 521 520 Special Session, October 14, 1974 ed by Councilman Stackis. Carried by the following vote Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Council reconvened in regular session at 9:50 P_M. Mayor Thoms moved the appointment of CarlL. I Davis to the Advisory Commission to replace Francis Kelly, term ex- piring June 1, 1975. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Brady moved that a report be given to Council at next meeting by City Manager and Po- lice Dept., concerning incidents at Tavern located at 1900 Central Ave. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. There being no further business, Mayor Thoms moved to adjourn the meeting. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Leo F. Frommelt City Clerk CITY COUNCIL (OFFICIAL) Special Session, October 21, 1974. No memben of the Council be- ing present the meeting was ad- journed subject to call. Leo F. Frommelt City Clerk Approved ................................19--. Adopted ..................................19--. Mayor Councilmen Attest: """"'ëïi~'Ci~;k""""""""""'" Approved ................................19--. Adopted ................................._19--. ..-......................................................... ............................................................ ............................................................ ............................................................ Councilmen Attest: ........................................................... City Clerk 522 Adjourned Special Session, October 28, 1974 CITY COUNCIL OFFICIAL Adiourned Special Session, Oc- tober 28, 1974. Council met at 7:30 P.M. (C.S.T.) Present - Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. City Manager Gilbert D. Chavenelle. Mayor Thoms read the call and stated that service thereof had been duly made and this meeting is AN ADJOURNED MEETING OF OCTOBER 21, 1974, called for the PURPOSE OF REZONING VARI- OUS PARCELS OF REAL ESTATE and acting upon such other busi- ness as may properly come before a regular meeting of the Council. Playground & Recreation Com- mission submitting minutes of their meetings of September 30th and October 3rd, 1974, presented and read. Councilman Lundh moved that the minutes be re- ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Low-Rent Housing Commission submitting minutes of their meet- ings of October 15th and 22nd, 1974, presented and read. Council- man Lundh moved that the min- utes 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. Communication of Peoples Nat- ural Gas advising of a gas rate in- crease on gas bills issued on and after November 18th, plus an ad- ditional increase is indicated ef- fective December 27, 1974, present- ed and read. Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Plauning & Zoning Commission submitting minutes of their meet- ings of September 8th and Octo- ber 9th and 16th, 1974, presented and read. Councilman Lundh moved that the minutes be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, stackis. Nays-None. October 21, 1974 Honorable Mayor and Councilmen At your meeting of September 23, 1974 a petition of the Dubuque Packing Company was referred to the Planning and Zoning Commis- sion, which petition had requested an amendment of the Zoning Ordi- nance to prohibit residential uses and taverns in the Heavy Indus- trial District The petition was al- legedly prompted by announce- ment of a plan by Mr. John Glynn to establish those uses in the vi- cinity of the Dubuque Packing Company property. The Commission had also con- sidered this matter at its special session of September 23rd, and had opposed taking action until Mr. Glynn might also be present to ex- plain his plans in more detail. The Commission had then delayed ac- tion subsequent to your referral, on advice that the Dubuque Pack- ing Company and Mr. Glynn were negotiating alternative arrange- ments. A special meeting was convened on October 9, 1974 upon notifica- tion that the two parties wished to pursue the matter before the Planning and Zoning Commission. The nature of Mr. Glynn's plan and the resistance of the Dubuque Packing Company to it were ex- plained at that time. It was noted that Mr. Glynn's proposal is now lawful within the existing Heavy Industrial District, and that the In- dustrial District classification had ..en applied to that area for sev- Iral decades. The Commission also noted its concern for the legal ramifications of the proposed amendment, particularly as it would create extensive non-con- formity in the Heavy Industrial zone where other residences now existed. The issue that the Commission sought to resolve was whether the Adjourned Special Session, October 28, 1974 523 proposed use would constitute such a clear hazard to the community well-being that the Zoning Ordi- nance should be amended to pro- hibit that use. The response of the Planning and Zoning Commission was unanimously opposed to any immediate action to amend the Heavy Industrial District. It is the recommendation of the Planning and Zoning Commission that the petition of the Dubuque Packing Company be denied. City Planning and Zoning Commission Daniel Ditemore Development Planner Councilman Lundh moved that the communication be received and filed and recommendation of de- nial be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Citizens' Transportation Committee submit- ting minutes of their meeting of October 8, 1974, presented and read. Councilman Lundh moved that the minutes be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Catholic Moth- ers Study Clubs of Dnbuque sub- mitting names of Catholic organi- zations being opposed to the pro- posed showing of "Deep Throat" at the Strand Theatre, presented and read. Councilman Justmann moved to suspend the rnles 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. Mrs James Travis and Mrs. An- thony' Eberhardt addressed the Council relative to the showing of Triple X movies in the City. Mayor Thoms moved to reinstate the rules. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Brady moved that the communication of Catholic Mothers Study Clubs be received and filed. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Octoober 25, 1974 To the Honorable Mayor and Members of the City Council I have approved the following policies and bonds and desire to have your approval on same. GENERAL LIABILITY Ken Schromen, Bituminous Cas- ualty Corporation Policy No. GA756209 from July 1, 1974 to July 1, 1975. Curtis Straub Company, State Au- tomobile & Casualty Underwriters, Policy No. GA 28-168351, from 9-16-74 to 9-16-75. WORKMEN'S COMPENSATION Curtis Straub Company, State Au- tomobile & Casualty Underwrit- ers, Policy No. WC61-186530, from 9-16-74 to 9-16-75. SIDEWALK CONSTRUCTION BOND John R. Altman, Bond No. 4587, Aid Insurance Company, dated 2-4-74. CERTIFICATE OF INSURANCE Dnbuque Jaycees & Jaycee Jaynes, Comprehensive Multipolicy No. CM 19317, from 8-1-72 to 8-1-75, Haunted House Project, Naval Reserve Building. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed and filing be approved sub- ject to the approval of the City Attorney. Seconded by Councilman Stackis. Carried by the following vGte: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. 524 Adjourned Special Session, October 28, 1974 October 21, 1974 Honorable Mayor and City Council I herewith submit the reports of the Auditor, Treasurer, Water Su- perintendent and Health Depart- ment, as well as a list of claims paid, for the month of September, 1974. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed. Seconded 'by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of List of Re- ceipts, Expenditures and List of Claims for September, 1974, pre- sented and read Councilman Lundh moved that the proof of publication be received and filed. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. October 28, 1974 Honorable Mayor and City Council I am returning to you a petition of the residents in the 19th Street area about the King of Clubs Tav- ern. I have inspected the area and discussed the situation with Chief O'Brien. On October 8th, Chief O'Brien talked to the tavern owner, Gene F. Sullivan, about conditions in the neighborhood. He arranged for Mr. Sullivan to take several ac- tions for the correction of the sit- uation. He also pointed out that the tavern license would expire and be reviewed in December. I have been informed that the police have not received any complaints since the date of the interview. On October 21st I met with Mr. Sullivan and Chief O'Brien. Mr. Sullivan stated what he is doing to control and improve the situa- tion. These are: 1. posting a security guard at the front door and a walking guard patrolling the outside area and parking lot every fifteen minutes. 2. People causing trouble prior to October 10th have been listed and are not served by the tavern. 3. The exits from the building are being controlled. 4. A 1:30 a.m. shutdown time has been installed. 5. Lights will be ordered for the parking lot. As an explanation of these ac- tions, I submit a letter from Mr. Sullivan dated October 21st. I have written the petitioners. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication ,be received and filed and referred to the Council. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of U. S. Senator Dick Clark, congratulating ,the community on receiving top hon- ors in the 1974 Iowa Community Betterment Program awards com- petition, presented and read. Coun- cilman Justmann moved that the communication be received and filed. Seconded by Mayor Thoms. Carried by the fallowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Park Board addressed to the City Manager, submitting a letter by Dominic Goodman presented to the Park Board concerning the John Dug- gan Petition of objection on fur- ther use of the Third Street Reser- voir, presented and read Council- man Justmann moved that the communication be recei""d and filed and referred to the Park Board for investigation and reporL Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis- Nays-None. Communication of John J. Dug- gan objecting to changing a hi.. torical land mark that has served as a buffer of back yards in a his- Adjourned Special Session, October 28, 1974 525 RESOLUTION NO. 368-74 ENDORSEMENT OF THE BICENTENNIAL SYMBOL COMPLETION WHEREAS, the observance of the American Bicentennial for the State of Iowa begins in Dubuque, the oldest city in the state; and WHEREAS, the Dubuque Coun- ty American Revolution Bicenten- mal Commission isstimuIating, pla~mng, coordmating and pro- motmg all phases of the bicenten- nial celebration to focus attention on the heritage, traditions and cul- Communication of Michael Far- ture of the City of Dubuque as ley submitting his resignation' well as its hopes and aspirations from the Citizens Advisory Com- ' for the next century; and mission, effective October 25th WHEREAS, it is desirable for 1974, Geaving the City), presented the .Citr of Dubuque to adopt a and read. Councilman Lundh distmctIve symbol or logotype for moved that the communication be use to identify bicentennial-related received and filed and the City undertakings of the local govern- Clerk directed to send a letter of ment, busmesses, institutions and regret. Seconded by Councilman' organizations: and ~ustmann. Carried by the follow-! .WHEREAS, the Dubuque Jaycees mg vote: with the approval of the Dubuque Yeas - Mayor Thoms, Council- County. America~ Revolution Bi- men Brady, Justmann Lundh centenmal CommlsslOn have offer- Stackis. " ed to sponsor an open competition Nays-None on behalf of the City of Dubuque . to secure a symbol to capture the Communication of Dubuque Bi- spirit of the. local observance of centennial Committee advising the 200th anmversary of the found- that they have a competition in ~ng of the Umted States of Amer- mind to create a distinctive symbol lea, now therefore to be used to identify Dubuque's BE It RESOLVED BY THE participation in the bicentennial CTIY COUNCIL OF THE CITY OF presented and read. Councilma~ DUBUQUE, IOWA: Lundh moved to suspend the rnles Section I. That the City of Du- to let anyone present address the buque hereby endorses the open Council if they so desire. Second- competition to be sponsored by the ed by Councilman Stackis. Carried Dubuque Jaycees to secure a sym- by the following vote: bol or logotype for use to identify Yeas - Mayor Thoms, Council- the muI~ifa~eted bicentennial-re- men Brady Justmann Lundh latrd actlVItIes and programs for Stackis' , , the City of Dubuque. NaY~NOne Passed, approved, and adopted . thiS 28th day of Octboer, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen troical neighborhood that became overcrowded due to expansion in the area, relative to the West 3rd St. Reservoir, presented and read. Councilman Justmann moved that the communication be received and filed and referred to the Park Board for investigation and report. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Dennis Naughton and Mr. Bisanz of the Bicentennial Commission, addressed the Council explaining the Bicentennial Symbol Contest and stating this is an open compe- tition. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Attest: Leo F. Frommelt. City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: 526 Adjonrned Special Session, October 28, 1974 Yeas - Mayor Thoms, Council- men Brady, Jusimann, Lundh, Stackis. Nays - None. October 14, 1974 Honorable Mayor and City Council On August 30, 1974, Mike Wil- son, 1461 Bluff Street, Dubuque, filed claim against the City of Dubuque in the amount of $50.00, for dantages allegedly caused on August 22, 1974, to his motor- cycle as the result of said motor vehicle being towed away on policemens' orders. This matter was referred to the appropriate City Agency who has made an investigation thereof and on October 8, 1974, reported to the City Attorney's office of no lia- bility on the part of the City of Dubuque, Iowa. Accordingly, it is the recommendation of the City Attorney that the claim of Mike Wilson be denied. Original claim is returned here- with. R. N. Russo, City Attorney Mayor Thoms moved that the communication be received and fil- ed and recommendation of denial be approved. Seconded by Council- man Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. October 23, 1974 Honorable Mayor and City Council On the 10th day of October, 1974. claim was filed against the City of Dubuque by Joseph Siegert and Ruth Siegert claiming damages in the amount of $450.00 for damages to crops and property of the claimants by reason of soil test- ing vehicles going upon the prop- erty of the claimants. I have examined said claim and I have conferred with the City Planner, Mr. Dan Dittemore, and I have conferred with the City Man- ager, and it is the recommendation of the City Attorney's office that said claim be paid in the amount of $450.00. It is recommended that the City Council direct that the City Aud- itor draw warrant payable to Jo- seph Siegert 800 Ruth Siegert in the amount of $450.00 and that same be transmitted to the City Attorney for delivery upon receipt of duly executed releases by the parties concerned. Original claim is returned here- with. R. N. Russo, City Attorney Mayor Thoms moved that the communication be received and filed and recommendation of settle- ment be approved and City Audil- or directed to issue proper war. rant. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. October 23, 1974 Honorable Mayor and City Council Claim was filed on September 6, 1974, against the City of Dubuque, by Timothy J. Murphy, a minor, by his mother, Ann Murphy, claiming damages as the result of personal injuries suffered by Timothy Mur- þhy and damages to his bicycle on or about September 2, 1974, as the result of striking a raised water- box on Solon Street in the City of Dubuque, Iowa. I have made an examination of this claim and have conferred with the claimant's mother and find that said lad was riding on said bicycle at said time, and struck the edge of tbe raised waterbox on Solon Street. The impact of colliding with the raised wate,rbox caused the bike to veer into a parked vehicle and throwing the claimant from his bike and totally damaging his Sprite bicycle purchased in July of 1974. I have conferred with the claim. ant's mother and have reviewed the bill for the bicycle repair as well as the dental bills, which dental bills are necessary to re- store two front teeth to the claim- ant in the total amount of $326.00. The claimants have made an of- fer of settlement in the amount of $450.00, and it is the recom- mendation oJ the City Attorney's office that said offer of settlement be ac<:epted, and the City Auditor be instructed to draw warrant pay- able to Ann Murphy and Bern- ard Murphy, natural parents of Timothy J. Murphy, a minor, and Ann Murphy and Bernard Murphy, Adjonrned Special Session, October 28, 1974 5'1:7 individually, in the amount of $450.00, and transmit same to the City Attorney for delivery upon receipt of duly executed releases. Original claim is herewith re- turned. R. N. Russo, City Attorney Mayor Thoms moved that the communication be received and filed and recommendation of settle- ment be approved and City Auditor directed to issue proper warrant. Seconded by Counciiman Just- mann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Jusimann, Lundh, Stackis, Nays - None. Proof of Publication, certified to by the Publisher, of notice of Pub- lic Hearing, to amend the Zoning Ordinance No. 3-34 so as to in- clude the recently annexed territ- ory (Henschel property) as Single Family District Classification, pre- sented and read. No written ob- jections were filed and no oral ohjectors were present in the Coun- cil Chanlber at the time set for the hearing. 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, Stackis. Nays - None. ORDINANCE NO. 60.74 AN ORDINANCE ZONING AND CLASSIFYING RECENTLY AN- NEXED TERRITORY TO THE CITY OF DUBUQUE, IOWA AS A "SINGLE FAMILY RESI. DENCE DISTRICT" WHICH REAL ESTATE IS HEREIN- AFTER DESCRIBED, (Henschel) said Ordinance having been pre- viously presented and read at the Council meeting of September 30, 1974, presented for final adoption. ORDINANCE NO. 60-74 AN ORDINANCE ZONING AND CLASSIFYING RECENTIY AN- NEXED TERRITORY TO THE CITY OF DUBUQUE, TOW A AS A "SINGLE FAMILY RESIDENCE DISTRICT" WIDCH REAL ES- TATE IS HEREINAFTER DE- SCRIBED Where", ,he ",I """ h",in,fw d"",ih<d w" ",ontly ,nnmd 00, ,nd b<came , pm of ,he C¡'y of Dubuque, ¡low, by R"olu';on of <he CiIY Coun"l p""d, ,dop'," ,nd 'ppwvod " in m"'t- ing of S'pt<mb" J, 1974, ",d whkh ,nnmtion w" upon yolnn",y pe';';on; ,nd, Wh",." the Pl.nnins ",d Zoning Com- mu,ion of ,h, C;'y of Dubnqu" low, h" .pp,OY," ,nd '<COmmended ,h" "id ""i'o,y ""ntly ,nnmd ",d h",in- ,f", d""ib,d be zoned ,nd clmified " , "Singl, hmily R"idenee Dunk,". NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, TOW A, See';on 1. Th" th, following d""ib- ed ",I """ to-wi" Lot 2 of <he Sooth"" y" of ,he Sonthe"t y" of Se"ton 34, Town.hip '9 No,<h, R,ng' Z Em of <he '<h P,in"pal M"idi,n, in T,ble Mound Town,hip, Dnbuque County, low" onmu,ing of 14.06+ ""', more no I", b, ",d ,he "me i, h"eby e!",ified ",d zoned" 0 "Single Funily R"idenee Dimi,,". Seetion Z. Th" ..id ",ri,oey h< ",d the ..me .hall be in ,nd beeome p"e of the Thi"etmh Vo';n, P"cinct of the Ci,y of Duboqoe- low,. Pm,", opp,oved ond odop"d thi. ZBth doy of O"ob", 1974. All,n T. Thum. M,yoe Co Robe" J..tm~ Jom" E. B"dy Emil Se"ki. Alvin E. Lundh Councilmen ATTEST, Leo F. Fwmmele City CI"k Publi.h," offici,lly in ,he Ttle,"ph Heezld New,p'pe' <hi, Jhe doy of Oc- cob" 1974. Leo F. Feommelt City Cl"k It. 10-J1 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. ORDINANCE NO. 61.74 AN ORDINANCE ZONING AND CLASSIFYING RECENTLY AN. NEXED TERRITORY TO THE CITY OF DUBUQUE, IOWA AS A "SINGLE FAMILY RESI- DENCE DISTRICT" WHICH REAL ESTATE IS HEREIN. AFTER DESCRIBED, (Henschel), said Ordinance having been pre- viously presented and read at the Council meeting of September 30, 1974, presented for final adoption. 528 Adjourned Special Session, October 28, 1974 ORDINANCE NO. 61-74 AN ORDINANCE ZONING AND CLASSIFYING RECENTLY AN- NEXED TERRITORY TO THE CITY OF DUBUQUE, IOWA AS A "SINGLE FAMILY RESIDENCE DISTRICT" WHICH REAL ES- TATE IS HEREINAFTER DE- SCRIBED Whe"", ,he ",I .."'e hmin,¡'" 4e"ribe4 w.. ",endy ,nnexe4 '0, ,nd h",m' , pm of me G,y of Dubuque, low, by R..olu<ion of ,he Ci'y CounÓI p....d, ,dop"d ,nd ,ppmved " iu mee<- inK of Sep"mbee 3, 1974, ,nd whi,h ,nnm,ion w.. upon volunmy peei<ion; ",d, Wh""" me Pbnning ,nd """ing Commi"ion of ,he G,y of Dubuque, low, h.. 'ppmved ,nd "",mmended ,h" "id 'eeriMY ",endy ,nn<xed ,nd hmin,¡'ee d..,cibed be zoned ..4 d... ,ified .. , "Single F,mily R"idenee Di,- "i,,". NOW THEREFORE BE IT ORDAIN- ED BY THE cITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, S",ion 1. Tb" ,he following d""ibed ",I e""', 'o-wi" Lo' Z of Lo' I of ,he No,mw'" ¡;., Noeehw", Fmtion,1 ¡;., S"cion 2, Town,hip 88 Noeeb, R,nge 2 E..t of the Hh P,in,ip,1 M.,idi,n; ,nd Lot Z of Lot 1 of Lo' I of ,he Noeehe..t ¡;., Noeehw,,' Fm,ion,1 ¡;., S"cion 2, Town,hip 88 Noeeh, R,nge 2 E.., of the Hh P,in,ip,1 M"idi"" ,u in T,ble Mound Town- ,hip, Dubuque Coumy, low" eon- ,¡'cing of 1.261 "'" moee 0' I", be ,nd ,he "me ¡, hmby d..,ified ,nd zoned.. , "Single F,mily R"idenee Dimi"." S"cion 2. Th" "id ""ito,y be ,nd ,be "me ,h,lI be in ,nd b"ome p'" of the Thieeeen,h Vocing P",in" of ,he City of Dubuque, Ion Pmed, ,pp,oved ,nd ,dopeed thi, ",h d,y of O"obe" 1974. Albn T. Thorn' M,yo< C. Robert }ustm,nn }om" E. B"dy Emil S"dci, Alvin E. Lundh Councilmen ATTEST, Leo F. F,ommelt G,y Cleek Publi,hed offie¡'Uy in ,he Teleg"ph Hmld New,p,pee ,hi, 31" d,y of 0,- tobee 1974. Leo F. Fmmmelt It. 10-31 Ci,y Cleek Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Counciman Lundh. Carried ,by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. I Proof of Publication, certified to by the Publisher, of notice of Pub- lic Hearing, to consider a proposal to change from Multiple Residence District to Single Family Residence District classification to-wit: Lots B, C and D of Block 12; Lots 3 thru 22, inclusive, of Block 13: all of Block 13-A; Lots 1 tbru 5, in- clusive, of Block 14; Lots 8 thru 13, inclusive, of Block 14; Lots 9 thru 14, inclusive, of Block 14-A: Lots 1 thru 13, inclusive, of Block 15; Lots 1 thru 12, inclusive of Block 16; all in "Key Knolls Sub- division", and Lots 2-1-1-1-1-1-1-1 of the NW¥4 of the SE¥4 of Sec. 21, T89N R2E of the 5th PM (Hamel property), presented and read. No written objections were filed. At- torney Bertsch, representing Han- sel, addressed the Council object- ing to the rezoning. He stated the following reasons: For 15 years this has been zoned Multiple Family; No reason for a change in the area; Single housing costs have risen tremendously; Area built up and surrounded by Single Family Homes by same developer; and no one will be adversely affected by leaving Block 12 in Multiple Fan>. ily. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 62-74 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34, KNOWN AS "THE Z 0 N I N G ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", SO AS TO CHANGE CERTAIN PROPERTY HEREINAFTER D E SC RIB E D FROM "MULTIPLE RESIDENCE DISTRICT" CLASSIFICATION TO "SINGLE FAMILY RESI. DENCE DISTRICT" CLASSIFI. CATION, (Hansel), said Ordinance having been pre- viously presented and read at the Council meeting of September 30, 1974, presented for final adoption. ORDINANCE NO. 62.74 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34, KNOWN AS "THE ZON- ING ORDINANCE AND ZONING Adjourned Special Session, October 28, 1974 MAP OF THE CITY OF DU- BUQUE, IOWA", SO AS TO CHANGE CERTAIN PROPERTY HEREINAFTER DESCRIBED FROM "MULTIPLE RESIDENCE DISTRICT" CLASSIFICATION TO "SINGLE FAMILY RESIDENCE DISTRICT" CLASSIFICATION NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE cITY OF DUBUQUE, IOWA, S"cion I. Th" O,din,nee No. 3-34, known.. ",he Zoning M,p ,nd Zoning O,din,nee of ,he Ci,y of Dubuque, low,", be ,nd ,he "me i, hmby ,mend- ed by ,h",ging Í<om "muleiple R"idenee Dimie," cb"ifi",ion '0 "Single F'm- ily R"idenee Dimi"" dmifi",ion ,he following d""ibed ",I e""', 'o-wi" Lo' B, Lo< C ,nd Lo' D of Blo,k 12; Lou 3 ,h,ough 22 indwive, of Blo,k 13 ,U of Blo,k 13-A; Lou 1 ,hmugh 5, indwive of Bloek 14; Lou 8 ,h,ough 13, indu,iv<, of Block 14; Lou 9 ,h,ough 14, in- du,ive, of Blo,k 14-A: Lou I ,hmugh 13, indu,ive, of Blo,k 15: Lou 1 ,h,ough 12, inclu,ive, of Blo,k 16; ,U in "Key Knoll. Suh- divi,;on", S,,<ion 21, T89N, R2E, of ,he Hh P.M., ,11 in ,he Ci,y of Dubuque, low,; ,nd Lo, 2-1-1-1-1-1-1-1 of ,he Noeehw", ¡;. of ,he Sou,he", ¡;. of Swion 21, T89N, R2E of ,he Hh P.M., ,U in ,he Ci'y of Du- buque, low,. S,,<ion 2. Th" ,he foeegoing Amend- men' h.. hee"ofoee been 'pp,oved by ,he PI",ing ,nd Zoning Comm¡',ion of ,he Ci,y of Dubuque, Ion Pmed, 'ppmved ,nd ,dop,ed ,h¡' zseh d,y of O"obee, 1974. AlI,n T. Thorn, M,yo, c. Rob", }u"m",n },m" E. B"dy Emil S"dci, Coun,ilm,n ATTEST, L,o F. Fmmmel, Ci,y Cleek Publi,hed offi,i,Uy in ,he Teleg"ph Hmld New'p'pee ,h¡' 31" d,y of 0,- wb., 1974. Leo F. P'ommel, Ci,y Cleek Ie. 10-31 Councilman Justmann moved fin- al adoption of the resolution. Sec- onded by Councilman Stackis. Car- ried by Ihe following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays-Councilman Lundh. Proof of Publication, certified to i by the Publisher, of notice of Pub- ; lic Hearing to amend the Zoning Ordinance No. 3-34 by changing 529 Lots 5, 6 & 7 of Block 2 and Lots 5, 6, 7, 8, 9 and 10 of Block 3 in C. J. Bies Subd. from Single Fam- ily to Local Business "B" Classi- ficaton, presented and read. No written objections were filed. Mrs. Irma J. Hess addressed the Council being opposed to the rezoning. At- torney Wm. Fuerste, representing Dr. Klauer, addressed the Council requesting affirmative vote. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the fallowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. AN ORDINANCE amending and changing Ordinance No. 3-34 known as "The Zoning Ordinance and Zoning Ma.p of the City of Du- buque, Iowa" so as to change 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 Subdivision" from "Single Family Residence District" Classification to "Local Business 'B' District" Classifica- tion, said Ordinance having been previously presented and read at the Council meeting of September 30, 1974, presented for final adop- tion. Councilman Justmann moved that the Ordinance NOT be adopt- ed. Seconded by Councilman Stack- is. Carried 'by the following vote: Yeas - Councilmen Brady, Just- mann, Stackis. Nays - Mayor Thoms, Council- man Lundh. October 17, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed a proposal to include prop- erty recently annexed to the City of Dubuque, Iowa, in the Local Business "B" District classification. This property consisting of 1.936 acres more or less, is located at the northeast corner of the inter- section of U.s. Highway 20 and Wacker Drive and is described as "Waechter Place in Center Grove." The Planning and Zoning Com- mission has determined that the Local Business "B" District clas- sification is appropriate for this property and recommends your 530 Adjourned Special Session, October 28, 1974 favorable consideration of the at- Traffic Code of the City of D... tached Ordinance. buque, Iowa, by adding a new City Planning and Section 30 thera!o to establish Zoning Commission noise standards, to prohibit the Daniel Dittemore operation of motor vehcles in Development Planner yiolatlon of established noise Mayor Thoms moved that the standards and providing penal. communication be received and ties for yiolation hereof, and re- filed. Seconded by Councilman pealing Ordinance No. 22.74, Lundh. Carried by the following presented and raad. vote: Councilman Lundh moved that Yeas - Mayor Thoms Councll- the reading just had be considered men Brady, Justmann: Lundh, the first reading of the Ordhoance. Stackis. Seconded by Mayor Thoms. Car- Nays-None. ried by the followng vote: AN ORDINANCE amending and Yeas - Mayor Thoms, Council- changing Ordinance No. 3-34, men. Brady, Justmann, Lundb, known as "The Zoning Ordinance Stackis. and Zoning Map of the City of Nays-:-None. Dubuque, Iowa," Zoning and cla5- Councilman L.undh move~ that sifying territory recently annexed the rule requmng an Ordmance to the City of Dubuque, Iowa as to be r.ead on three separate days a ".Local Business 'B' District" to- I be waived. Seconded by Mayor wit: "Waechter Place in C~nter ' Thoms. Carried by the following Grove" in Dubuque Township, Du- vote: . buque County, Iowa, consisting of Yeas - Mayor Thoms, Council- 1.936 acres more or less, presented men. Brady, Justmann, Lundh, and read. Councilman JustmaTIn Stackis. moved that the reading just had Nays-None. be considered the first reading of ORDINANCE NO. 63-74 ~e Ordinance. Sec~nded by Coun- DI~{1N~~DI~~~c;,-4~~E~J'b~~ O~s c~an Brady. Carned by the fol- THE TRAFFIC CODE OF THE CITY lowmg vote: . OF DUBUQUE, IOWA, BY ADDING Yeas - Mayor Thoms. Council- A NEW SECTION 30 THERETO TO men Brady, Justmann, Lundh, ESTABLISH NOISE STANDARDS, TO Slackis. PROHIBIT THE OPERATION OF MO- Nays-None. TOR VEHICLE IN VIOLATION OF Councilman Justmann moved ESTABLISHED NOISE STANDARDS that the rule requiring an Ordi- ti;:~U;~g~l~i~~o:~~~iJI:~p:f~ nonce to b~ read on three separate ING ORDINANCE NO. 22-74 days be walVed. Sec?nded by Coun. WHEREAS, ,he C"y Council of the cilman Brady. Carned by the fol- City of Dubuqoe fiod, ..d d"',min" lowing vote: th" it i, nec,,"'y '0 pmmote ,nd pee- Yeaa - Mayor Thoms, Council- mve iu public pem, ..d '° peomo" men Brady, Justmann, Lundh, ,nd pmme .'he h"lth, "fety ..d we!. Stackis. fm of the mh,b",nU of ,he City of Nays-:-None. ~e~~~~~:d. low" ,h" oo;,e polludon be Councilm~n Ju~tmann moved NOW THEREFORE BE IT OR. that a pubhc hearmg be held on DAINED BY THE CITY COUNCIL the Ordinance on November 18, OF THE CITY OF DUBUQUE IOWA 1974, at 7:30 o'clock P.M. in the AS FOLLOWS, ,. Council Chamber at the City Hall Section 1. Tb" Oedin,nce No. 33-49, and that the City Clerk be in- known" the Tnffic Code of tbe City atructed to publish notice of the of Dubuque, low" be ..d the ,=e i, hearing in the manner r:quired by ~~t~~,,::eu,~e~ot::,~ding, new Secdon law. Sec?nded by Councll,:,"an Bra- "S"eion 30 NOISE STANDARDS dy. Carned by the followmg vot~: 30.1 Defioitio",. Foe poepo", of tbi, Yeas - Mayor Thoms, Council- ,etide, ehe following definitiom men Brady, Justmann, Lundh, ,h'¡l ,ppIy, Stackis. ,. "A" SOUND LEVEL. "A" Sound Nays-None. Level i, the eo,,1 ro=d level of ORDINANCE NO 63-74 ,1I noi" " me"ueed wieh , ",und An Ordmance Amending Ordi. ~~~eln:;';~:k.u~: ::e ~¿'~;:::~:: nance No. 33-49, known as the mene i, ehe dB (A). ,... '" '; Adjourned Special Session, October 28, 1974 b. AMBIENT NOISE ,holl me.. the ,1I enonmp"~ng noi" =oci",d with 0 given envieonment, bcing ",u,lIy , compo,ice of ,"und, horn m'ny ,ou"" nw 'nd b,. c. DISPLACEMENT ,h,lI m"n 0 eimple h"monic motion in ,ny pl,ne. d. IMPULSIVE NOISE ,h'¡l m"n , noi" of .hoet du"don. e. NOISE ,h,lI m"n unw,n"d oe ,nnoying ,ound. f. NOISE RATING NUMBER oh,lI me," the dB (A) ",Ie mding " 'pplk,ble to specific ,ound ",",c". S. PERSON ,h,lI m..n ,ny individ- u'¡, fiem oe co'pomion h. PURE TONE ,h,lI m"n , round h,.ing , .ingle pitch. i. VEHICLE ,h,lI m"n ,ny p",en- g" "hicle, uuck, nuck tUiln, n,ilee, oemi-tUilee u' .imil" de- vice intended '0 convey people ond ue cummoditi" which ¡, pcope!led oe dnwn by moch,nic'¡ pow", but ,h,!l not include "epI,nee 'nd toy.. 30.2 Moroe Vehicle Nrn.e No pe"on ,h,!l opmte ,;thee , mo- '°' "hide oe combin"ion of vehicl" " ,ny time oe und" ",y condition of gude, l.,d, "eelmtion, oe dteele",ion in 'uch mo=" " 00 exceed the fo!low- ins nrn.e limit> foe ,h, ""goey of moto' vebicl", b"ed on 0 dimnce of not I"" ,h,n " foot fcom the cen'ee line of tmd oe ""ioo"y Iomion uod" "", p,ocedu,ee ee"bli.hed by S",ion 30.3. ,. (I ) Any mooo, vehicle with, m,nubetu"", GVW nting of 6,000 lb,. oe mo", ,nd 'ny com- bin"ion of vehicl" towed by ...,h vehiel". " mil" pee Om" mil" houe 0' Ie.. pee houe Befote »n. I, 1975 88 dB (A) 90 dB (A) AI", J",. I, 1975 86 dB (A) 90 dB (A) (II) Any Mototeycle Bef"" Jon. I, 1975 88 dB (A) 92 dB (AI Altee J,n. I, 1975 86 dB (A) 90 dB (A) (III) Any othee motOt vehicle in- cluding p""ngee cm. ,nd 'nJ' cnmbi"'tion of motOt vehielee tow- ed by ,uch motOt vebielee. Befote J"'. I, 1975 82 dB (A) 86 dB (A) Altee »n. I, 1975 78 dB (A) 84 dB (A) b. Tbi, ""ion ,ppli" to the to,,1 noice feom , vehicle oe combin,- tion of vehiclee ,nd ,h,!l not be conmued " limiting °' peccluding ,he enfoeeemen' of ",y oth" O,di- n,nce "hting to motOt vehicle i mum", foe noi" connoi. I c. Fo' the pu'poce of thi, ""ion, , , moOO, nuck, nuck t"'to" 0' bu, ' 86 dB (A) 531 th" ¡, not equipped with on iden- tific"ion pI"e °' m"king b",ing the m"'uhccum', u,me ,nd m",- ubetum', gco.. vehick weight ",ing ,h,!l be comidmd " h,.ing , m,nuhetum', gco," vehicle w,ight ",ing of 6,000 pound, oc mo" if tbe unhden weigh, i, mote th", 5,000 pound,. d. No p",on ,h,!l ,,!l oe Ie"e, °' off" fo, "Ie 0' Ie"e ,ny motOt vehide of , 'ype dee"ibed ,bove which exceed, the ill"imum de- cibel Imle ,et fo,th ,bove ,nd who" d"e of m,nuhetu" coe- mpond, with the d"" "t foub thmin. e. Any vehicle which i, found not w to be in oonfo,mity witb ,bi, O,di- n,nce ,nd wbich i, m'nofoetu"d peio, to J,nu"y " 1975, m,y b, exempted feom the noi" level, 'p"ified b"ein peovided , good ,nd ...fficlent chowing "n be m,de; (1) Th" it i, mecb,ni,,!ly im- po"ible withoot m,joe comnuetion to modify ,uch equipmen, '0 " to be iu compli,nee; °,, (II) Tb" to onmply would "",e i"'p",ble h"m oe injuey to ,h, engine of "id vebiele. 30.3 Soond level m"'ueemen" .h,lI be m,de in "cMd,nee wi,h the following pencedu"" ,. All m"'u"men" ,h,!l be m,de wi,h , .ound level metet u,ing the "A" weighted ",Ie in "coed,nee with ,he ",nd"d, peomcl..ced by the Society of Auwmotive Engi. ne", ,nd Ameri"n Nodon,l S"nd- "d, Imtitu". b. The 'mbien' noi" level fo, "cb enfoceement Iomion ,h,!l bo ec- "bli,hed by obt"ning ,he noi" level mding fo' , p"iod of fiv, minu'" befoce enfoteemen, ,nd " five minute petiod immedi,te!y fo'- IowinS eofoceement with, ",d- ing w be "ken eve,y 10 cecond. dueing the five minute p"iod of time. The mnge of the" ",d- ing' wi!! con"ituce tb, ,mbient noi" level" th" lomion du,ing ,he enfo,eement p"iod. The mi"o- phone ,h,1I be pl.ccd no nm" th..the"(3)f",fcom,ny,,- fl",ive 'u,bce ,nd m"'t be low- ed , minimum of foue (4) feet ,bove gcound level. 30.4 Enfocccm,nt. The Ci,y of Du- buqu, Police Depmm,nt ,h,!l en- fotee the pcovi.io... of ,hi, O,di- n'nce. Soid Depmment ,b,1I be equipped witb the ,ppeop,i", equip. ment foe me"u,ing ,"und Imle " pcovided in Seetion 30.3 fo' puepo", of enfoteing ,hi. mide. 30.5 Whm , mo'oe vehicle i, deem,d w b, in vioI"ion of thi, mide, the own" m,y tUn'poet it to , 1oc "ion to be det"mined by tb, Cbic! of Police fM fuccb" e.,l- 532 Adjourned Special Session, October 28, 1974 u"ion und" uo'rn,l opmcing condi- "on, °' by inm"ing ,b, ,ngin, "voln"o", " , .""on,,y po,i"on. If "id "bid, i, "-mln,,,d ..d found not to ¡" in vio¡"ion of tb, d,cib,I "..dud, outlin,d ,bov" no fu"b" pw",ding. ,h,\1 b, in- ,"tuttd ..d 'ny ciwioo i..u,d ,h,1l b, di,rni..,d. 30.6 Upon convinion fu, , viohtinn of ,ny of th, pwvi,io", of thi, O,di",nc" ' ""non ,h,1l b, pun- i,h,d by , fin' of not mo" ,h.. on' hnnd"d (1100.001 doll", °' by irnp",onm<nt fo' not mo" th,u ,hi"y d,y.." S,niou " Th" O,diu..c, No. 22-74 bo ..d ,h, "rno " ho"by """,¡od. P"..d, ,dopttd ..d ,ppwv,d chi, 28th d,y of Octob", 1974. All.. T. Thom, M,yo, C. Ro¡"" J""tm..n J,m.. E. B"dy Emil S"clW Alvin E. Lundh Councdm,n ATTEST, Lro F. F,ommdt aty clock Pnb¡"hodoffici,lly in th, Td,gnph Hmld Now'",p" ,hi. \" of Novornb" \974. !.to F. Fmmrn,Jt aty Clock It. 11-1 Councilman Lundh moved final adoption of the Ordinance. Second- ed by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justm~nn, Lundh, Stackis. Nays-None. Petition of Dubuque Wisconsin Bridge Co. requesting permission to constrnct a new plaza served by two toll houses which will permit two lanes of traffic for cars head- ed to or coming from work to re- lieve traffic congestion, presented and read. Mayor Thoms moved that the petition be referred to the Engineer, City Manager and Bridge Committee for investiga- tion and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition ()f Peoples Natural Gas rcquesting permission to excavate on Men Street and Rhomberg Ave- nue to provide cathodic protection, presented and read. Mayor Thoms moved the request be approved subject to approval of the Engi- neering Dept. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Th()ms, Council- men Brady, Justmann, Lundh Stackis. ' Nays-None. Petition of Todd V. Leone, U of D student, suggesting a four way boulevard stop at University and Algona, with advance warning sigus and apppropriate pavement markings, presented and read. Ma- yor Thoms m()ved that the petition be referred to the City Manager and Traffic Committee for inves- tigation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Holy Trinity Church requesting refund of $225, on un- expired portion of beer license #:2568, discontinued business on October 14th, 1974, presented and read. Mayor Thoms moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Lundh. Carried ,by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays-Councilman Brady. Petition of Dubuque sports Un- limited, rcquesting refund in the am()unt of $150, on the unexpired portion of Beer Permit #B-O987, discontinued business on Oct()ber 1, 1974, presented and read. Mayor Thoms moved the refund be grant- ed and City Auditor directed to issue proper warrant. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays-Councilman Brady. Verbal Petition of Councilman Brady questioning the validity of a building permit issued to Fischer Investment Co., corner of 5th & Bluff Sts. and asking recall of per- mit, presented for discussion. Councilman Brady moved that the petition be tabled to the Council Meeting of November 4, 1974. Sec- onded by Councilman Justmann. Carried by the foll<>wing vote: Adjourned Special Session, October 28, 1974 533 Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Bert T. & Hazel R. Hillary requesting annexation of Jungwirth's Morocco in Dubuque County, I()wa, presented and read. Mayor Thoms moved that the pe- tition be referred to the Planning & Zoning Commission for proper proceedings. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. September 5, 1974 Honorable Mayor and Councilmen The City Planning and Zoning Commission has reviewed the final plat of Lots 1, 2, 3, and 4 of Block 9 in "Thomas Farm Addition" in the City of Dubuque, Iowa. The Commission has found that the plat conforms to the approved preliminary plat for this area and meets the minimum requirements of the Subdivision Regulations of the City of Dubuque, Iowa. lt is the recommendation of the City of Dubuque Planning and Zon- ing Commission that the final plat be approved. 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 Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 362.74 Resolution Ap1>roylng the Plot of Block 9 in "Thomas Form Ad- dition" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to 'be known as Block 9 in "Thomas Farm Addition" in the City of Dubuque, Iowa, by Richard C. Henschel and Mildred L. Henschel; and WHEREAS, upon said plat ap- pear streets to be known as Val- entine Drive, together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had itsap- proval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relat- ing thereto, except that street grades have not been established, the streets brought to grade, or paving, sewer or water installed; NOW THEmEFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of Valentine Drive together with the easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Section 2. That the plat of Block 9 in "Thomas Farm Addition" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are here- by authorized and directed to en- dorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said prop- erty herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to constrnct concrete curb and gutter and to hard surface Val- entine Drive with bituminous con- rrete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specüications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accord- ance with plans submitted with the plat; d. To install storm sewers and catchbasins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engi- neer and the City Manager; f. To construct the foregoing im- provements in acc()rdance with plans and specüications approved by the City Manager, under the in- 534 Adjourned Special Session, October 28, 1974 spection of the City Engineer, and Dated at Dubuque, Iowa, this 5th in a manner awrovedby the City day of November, 1974. Manager; Isl Mildred L. Henschel g. To maintain the foregoing im- Isl Richard C. Henschel provements for a period of four TO: (4) years from the date of their ac- Leo F. Frommelt ceptanceby the City of Dubuque, City Clerk . Iowa; This is to certify that the seenr- h. To provide the foregoing con- ity provided by the foregohog RES- strnction and maintenance at the OLUTION NO. 362-74 has been fur- sole expense of the Subdivider nished by the owners. Richard C. Henschel and Mildred Dated at Dubuque, Iowa, this 6th L. Henschel, as owner; day of November, 1974. i. To construct said improve- Isl Gilbert D. Chavenelle ments, except sidewalks, prior to City Manager September 1, 1976, and to con- Mayor Thoms moved adoption of strnct the sidewalks prior to Sep- the resolution. Seconded by Coun- tember 1, 1978; cilman Stackis. Carried by the fol- and further provided that said lowing vote: Richard C. Henschel and Mildred Yeas - Mayor Thoms, Council- I.. Henschel, as owner of said Sub- men Brady, Justmann, Lundh, division, secure the 'performance Stackis. of the foregoing conditions by pro- Nays-None. viding security in such form and October 15 1974 with such sureties as may be ac- Honorable Mayor and ' ceptable to the City Manager. Councilmen Section 3. That ho the event The City of Dubuque Planning Richard C. Henschel and Mildred and Zoning Commission has re- I.. Henschel, shall fail to execute viewed the. fi~a! plat of "West the aeceptance and furnish the se- Ridge AdditIOn ill the City of Du- curity provided for ho Section 2buque, Iowa. hereof within 45 days after the The Commission has found that date of this Resolution, the provi- the ?I~t conforms to t~e approved sions hereof shall be null and void prelimmary pIat for this area and and tbe acceptance of the dedica- meets the minimum requirements tion and approval of the plat shall of th~ Subdivision Regulations of not be effective. the Cliy of Dubuque, Iowa. Passed, adopted and approved by It is the r~commendatio.n of the unanimous recorded roll call this Cliy. of Dub~q~e Plannmg ~nd 28th day of October AD 1974 Zonmg ComnusslOn that the fmal , .., . plat be approved. Allan T. Thoms City PIannhog and Mayor Zoning Commission C. Robert Justmann Daniel Dittemore James E. Brady Development Planner Emil Stackis Mayor Thoms moved that the Alvin E. Lundh communication be received and Councilmen filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- ~~~~rady. Justmann, Lundh, Nays-None. RESOLUTION NO. 363-74 Resolution Approyil19 the Plat of Lots 1.13 inclusive all in West Ridge Addition in the City of Dubuque, low.. Whereas, there has been filed I with the City Clerk a plat ho I which: Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 362-74 We, the undersigned Richard C. Henschel & Mildred L. Henschel having read the terms and condi- tions of the foregoing Resolution No. 362-74 and being familiar with the conditions thereof, hereby ac- cept the same and agree to per- form the conditions required there- in. 535 Adjourned Special Session, October 28, 1974 Lot B of Lot 1 of 2 of 2 of 2 of Bituminous Concrete Surface. AU 1 of I of 1 of 1 of 1 of Clarence of the foregoing shall be construct- Arlen's Place in the City of Du- ed according to the latest City of buque, Iowa, Dubuque specifications. is platted as c. To install sidewalks on both Lot 1-13 inclusive of Block 1 of sides of Westmore Drive in accord. West Ridge Addition in the City ance with the City of Dubuque of Dubuque, Iowa, Standard Specifications for Perm.. by Delbert Miller as Owner there- nent Sidewalks. of; and . d. To install water mains in ac- Whereas, saId ~Iat has '~een ex- cordance with plans submitted ammed by the CIty Plannmg and with this plat Zoning Commission and approved .'- by said body' and e. To mstaI! samtary sewers in '. accordance WIth plans submitted Whereas upon saId plat appears with this plat. str~cts to be known as Westmore f To hostall the sanitary sewer I?nve: ~'.'d also. easements for pub- and water house laterals for eaeh he. utlhtIes whœh !'he Owner upo.n lot to behind the property Jines. :~~~v~~ta:Js dedicated to pubhc g. To conm:uct the foregoing i.m- Whe:eas sai~ plat has been ~f~;:'".~~ts ~ifi:~r;o~:n~~n.::~ found by the CIty CouncIl to co'!- by the City Manager and under tho form to the. Statutes and Ordl- inspection of the City En1Üneer. :~t"~~e ~~~~g ha~e~~~ be~~c",!;,~ h. To maintain all street im- duced to grade or paving, sewer, pro.vements an~ sewer and water water or sidewalks installed there- mams for a perIO~ of four (4) yean ho' from the date of lis acceptance. NOW THEREFORE BE IT RE- i. To co.-tenet said improve- SOLVED by the City Council of m~nts prior ~ November ~O, 1976. the City of Dubuque Iowa' . To provide the foregomg con- Section 1. That the dedication struction and maintenance as the of Westmore Drive together with expense of the Owner. the easements for public utilties a,!d further provided t~at Delb;rt all as the same appears upon said MIller, as Owner of said SubdlVl- plat; be and the same are hereby sion ,,:cure the.~erformance of the established as public streets in the fore,,?lDg. condItIons by provldl.ng City of Dubuque; securlty 1'.' such sums and WIth Section 2. That the plat of the such su~tIes as may be aceeptable Subdivision of Lot B of Lot 1 of 2 to the .Clty Manager. of 2 of 2 of 1 of 1 of 1 of 1 of 1 SectIon 3. That in the event Del- of Clarence Arlen's Place in the bert Miller shall fall to execute City of Dubuque, Iowa, and which the acc~Ptance a~d proyide seen,... will hereafter be known as Lots Ity proVlded for mSeebon 2 here- 1-13 inclusive of Block 1 in West of within forty-five (45) days from Ridge Additidn in the City of Du- the d~te of this Resolution, the buque, Iowa, is hereby approved PI?VlSlons hereof shall be null and and the Mayor and City Clerk are yOl~ and the acceptance of the dell- hereby authorized and directed to ¡catIon and approval of ,the plat endorse the approval of the City of shall not be effective. Dubuque upon said plat providing Passed, adopted and approved by the Owner of said property, here- recorded roll call vote this 28th inbefore named, executes written day of October, 1974. acceptance hereto attached, agree- Allan T. Thoms hog: Mayor a. To reduce Westmore Drive C. Robert Justmann and to grade as shown by the pro- James E. Brady files submitted with the plat. Emil Stackis b. To surface Westmore Drive Alvin E. Lundh a width of 30 feet with 6" Port- Councilmen land Cement Concrete Pavement Attest: with integral curb and gutter or Leo F. Frommelt 8" Rolled Stone Base with 21!." City Clerk 536 Adjourned Special Session, October 28, 1974 ACCEPTANCE OF RESOLUTION NO. 363-74 Delbert Miller, having read the ternlS and conditions of the fore- going Resolution 363-74, and -being familiar with the contents thereof, hereby accept the same and agree to perform the conditions therein required. Isl Delbert Miller Dated: August 19, 1974. To Leo F. Frommelt, City Clerk This is to certüy that the secur- ity required for the foregoing Res- olution 363-74 has been provided by the Owner. Dubuque, Iowa, November 5, 1974. Isl Gilbert D. Chavenelle City Manager 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 NO. 364-74 WHEREAS, the City of Du- buque, Iowa is the owner of real estate described as: Lot 11 in "Watter's Subdivision" of part of Wooten's Addition in the City of Dubuqe, Iowa, according to the re- corded plat of said addition; and WHEREAS, Charles Hemmer has made an offer to purchase said real estate; and WHEREAS, the City Council of the City of Dubuque, Iowa has ex- amined said offer to purchase real estate and finds that the sale of said real estate should be ap- proved; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the sale of real estate owned by the City of Du- buque, Iowa, described as Lot 11 in "Watter's Subdivision" of part of Wooten's Addition in the City of Dubuque, Iowa, ac- cording to the recorded plat of said addition .to Charles Hemmer be and the sante is hereby ap- proved. Section 2. That the City Clerk be and is hereby directed to pub- lish notice of intent to dispose od' interest in real estate as provided by law and in accordance with this "'" Resolution to Charles Hemmer for the sum of Twenty-five Hundred ($2,500.00) Dollars, and costs of publication and any platting costs, that no abstract will be furnished and conveyance will be by Quit Claim Deed Passed, approved and adopted this 28th day of October, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adootion of the resolution and public hearing be set for December 2, 1974. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays---<None. RESOLUTION NO. 365-74 WHEREAS, the Board of Park Commissioners of the City of Du- buque, Iowa, is the owner of a parcel of real estate described as: Lot 2 of Lot 1 of Lot 1 of Eagle Point View in the City of Du- buque, Iowa, according to the recorded plat thereto, and; WHEREAS, John V. Meehan and Naomi R. Meehan, are the owners od' real estate described as: Lot 2 of Eagle Point View in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof, and; WHEREAS, due to location, pres- ent use and future contemplated uses of said properties, the parties are desirous of exchanging said parcels of real estate and such ex- change is authorized under Section 368.39, 1973 Code of Iowa, as amended; and; WHEREAS, said properties be- ing of the same approximate ap- praised monetary value, the City Council of the City of Dubuque, Iowa, deems it in the best public interest that said exchange be ef- fected; Adjonrned Special Session, October 28, 1974 NOW THEREFORE BE IT RE- SOLVED by the City Council, City of Dubuque, Iowa, as follows: Section 1: That the exchange of the two parcels of real estate here- inabove described and respective- ly owned by the City of Dubuque by and through its Board of Park Commissioners of the City of Du- buque, Iowa, and John V. Meehan and Naomi R. Meehan be and the sante is hereby approved. Section 2: That the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in real estate as pro- vided by law and in accordance with this Resolution. Passed, approved, and adopted this 28th day of October, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution and public hearing be set for December 2, 1974. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays---<None. October 21, 1974 To the Honorable Mayor and City Council This is to advise you that the storm sewer constrncted in East 24th Street, between Jackson and Washington Streets, a distance od' I 310 feet, has been substantially I completed in accordance with plans and specifications by Tschigg- I frie Excavating of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays---<None. 537 FINAL ESTIMATE RESOLUTION NO. 366-74 WHEREAS, the contract for the Repair of Storm Sewer on 24th Street, between Jackson & Wash- ington Streets has been completed and the City Engineer has submit- ted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $16,444.38. That $ none of the cost thereof shall be assessable upon private property and $16,444.38 shall be paid from the Sanitation Fund of the City of Dubuque. Passed, adopted and approved this 28th day of October, 1974, . Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Siackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays---<None. (A RESOLUTION ACCEPTING IMPROVEMENT) RESOLUTION NO. 367.74 WHEREAS, the contract for the Repair of Storm Sewer on 24th Street, between Jackson and Wash- ington Streets has been completed and the City Manager has exam- ined the work and filed his certifi- cate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its accept- ance, now therefore, BE IT RESOLVED, ,by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted, 538 Adjourned Special Session, October 28, 1974 BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitation Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopt<'d and almroved this 28th day of October, 1974- Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Se<'ondpd by Coun- cilman Lundh. Carried by the fol- 10wiM vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. October 25, 1974 Honorable Mavor and City Council In action bv the Citv Council on August 19, 1974, the City Clerk was "uthorized to advertise. in con- junction with the Countv Auditor, bids fOr the communications cen- ter of tbe Dubuque County/City Law Enforcement Center. These bid, were opened and read on Oc- _r 8, 1974 In the Dubuque Coun- ty Courthouse. Motorola, Incornnrated of Chica- go was the low bidder on the base contract at $86.843.0f1. (Soe at- tacl1ed summary of bidding). This equiDment I,being purchased un- der the conditions of a grant from the Iowa Crime Commission of $96,98~.00. As a part of this grant, $8,000.00 was reserved for consult- ant fees and the balance of $98,985.00 was designated for equtpment. The Iowa Crime Com- misaion is participating in the pro- ject In the amount of $72,738.7~; Dubuque County in the amount of $15,068.50, and the City of Du- buque for $9,182.7~. In our bidding procedure we al- so requested alternate bids on an intrusion alarm system and a stat- us map. Bids on these two pieces oi equipment exceeded our esti- mate and the amount of money available under the grant applica- tion. Consequently, we are delay- ing purchase of these two pieces of equipment and are investigat- ing alternate systems that may be used in the Law Enforcement Cen- ter. A balance of $7,142.00 from the grant will remain to purchase this additional equipment. At this time we are requesting your approval of a resolution au- thorizing the City Manager to en- ter into a contract, along with the Dubuque County, with Motorola, Incorporated for the acquisition and installation of this communi- cation equipment represented by the -base contract for $86,843.00. Francis A. Murray Assistant 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, Justmann, Lundh, Stackis. NaYJ<--'None. (Awarding Contract) RESOLUTION NO. 369.74 WHEREAS, sealed proposals have been submitted by contrac- tors for the Dubuque County/City of Dubuque Law Enforcement Communication System pursuant to Motion by City Council on Au- gust 19, 1974, and notice to bid- ders published in a newapaper pub- lished in said City on August 27, 1974 and September 3, 1974; and WHEREAS, said sealed propos- als were opened and read on Oc- tober 3, 1974, and jj has been de- termined that the bid of Motorola, Inc. of 5725 E. River Road, Chica- go, lll. 60631 in the amount of $86,843.00 was the lowest bid for the furnishing of alll.bor and ma- terials and performing 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 Motorola, Inc. by the City of Dubuque and Dubuque County and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete perform- ance of said work. Adjourned Special Session, October 28, 1974 Passed and adopted this 28th day of October, 1974. Allan T. Thoms Mayor C. Robert Juslmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaYJ<--'None. RESOLUTION NO. 370.74 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 teCDlS of the Ordinances of the City. CLASS "C" BEER PERMIT Florence E. Chalder, 113 Main St. Kay Nemmers, 250 West First St. Passed, adopted and approved this 28th day of October 1974- Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaYJ<--'None. RESOLUTION NO. 371-74 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 539 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 Florence E. Chalder, 113 Main St. Kay Nemmers, 250 West First St. Passed, adopted and approved this 28th day of October 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 372.74 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 Firat Regular Session, 64th General As- sembly. CLASS "C" ¡COMMERCIAL) BEER AND LIQUOR LICENSE Charles J. Spiehnan, 2401 Windsor Avenue Richard A. Schurbon, 1091 Main Street Passed, adopted and approved this 28th day of October 1974. Allan T. Thoma Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk 540 Adjourned Special Session, October 28, 1974 Adopted ..................................19--. Mayor Thoms moved adoption of I Approved ................................19--. the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, I Stackis. I Nays-;None. RESOLUTION NO. 373.74 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and th;ro~~~:::,~r :~n~. RE- """""""""""""""'C;;-~cii;;;;;""'" SOLVED by the City Council of Dubuque, Iowa, that the Manager Attest: be authorized to cause to be issued to the following named applicants ""ëiiŸcï;¡'¡;:"""""".""""""""""'" a Liquor License- CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Charles J. Spielman, 2401 Windsor Avenue Richard A. Schurbon, 1091 Main Street Passed, adopted and approved this 28th day of October 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen """""""""""""""'M;Ÿ~~"""""""'" ........................................................... ............................................................ ............................-............................. Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. 'I1here being DO further business, Mayor Thoms moved to adjourn the meeting. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays---iNone. Leo F. Frommelt City Clerk .:1L'C