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1975 January Council Proceedings 1975 1NDEX~BOOK 105 SUB.J]!;~._~age Z Feb. lO~Zimmerman, Paul, objecting to type of TV reception on outside antenna, due to leakage of T.V. Cabte 10~Zimmer, Isidore, represented by Generat Casualty Co., Notice of personal injury accident ........................ 1Q.-Zoning Changes for gr<>up homes, concern for same 17-Zwack, Mr. Joseph, resigniug the position of assistant City A;ttorney, effective March 15. 1975 ....".............. May 5-Zuroher, John, requesting vacation of an alley abntting his property on Marquette Place """",""""""""""'" " 27-Zelinskas, Leonard, objecting to paving of Paul Street " 27~Zickhur, Doug, Granted Class "c" (Commercial) Beer & Liquor License ........".............................................. 241 June 2-Zirkelbach, Betty, Notice of personal injuries claim.... 246, 254 " 16-Zickuhr, Douglas, Granted Cigarette License ................ 296 " 23-Zayre Snack Bar, Granted Cigarette License ................ 304 " 30-Zoning Ordinance, Preliminary draft of comprehcnsive same. presented to Council by Planning & Zoning Commission ............................................313, 338, 357,373, 374 July 7-Zimmerman, Mary, requesting annexation of her prop- erty at 2455 Rockdale Rd. ........................................326,341, 424 28-Zoning Ordinance, proposed, objections to same ........ ............................................".............................. 359, 360,373, 374 28--Zoning Ordinance, proposed, supporting same ........ 360 Sept. 2-Zurcher, Hans. presenting plat from U.S.s, Dubuque 449 " 15-Zoniug Board of Adjustment, pursuant to Ordinance No. 32-75, esta,blished and appointments made .... Oct. 20-Zoning Adjustment Board to study Ordinance No. 32-75 for revision, to provide direct mail notification to people affeetedby rezoning of adjacent property Nov. 10-Zoutte, Marvin L., Notice of personal injuries claim Dec. 15-Zwack, Anton objecting to proposed rezoning of his property on northeast corner of 13th & White Sts. 64 65 68 115 176 225 488 537 579 623 ) / Regular SessiO1l; January 6, 1975 I CITY COUNCIL OFFICIAL Regular Session Janu'ary 6, 1975. Council met at 7:30 P.M. (C.S,.T.) Present-Mayor Thoms, Council. men Braely, Justmann, Lunelh, Stackis. City Ma,nager Gilbert D. Chavenelle. Mayor Thoms called the meet- ing to order and stated that this is THE REGULARMONTIILY MEET- IN~ OF THE CITY COPNCIL, AND ALSO THE FIRST MEETING OF THE FISCAL YEAR, for. the purpose of aeting upon such busi- ness as may þroper1y come before the' Meeting. ,. Mayor Thoms' ex- pressed his appreciation on being able to Serve as Mayor during 1974. At 7:35 P.M. Councilman Stackis moved to go into Executive Ses- sion for the pnrpose of e1eoting a new Mayor. Seconded ,by Council- man' Thoms. Carried by the fol- lowing vote: Yeas~Counei1man Brady, Just- mann,Lundh, Stackis, Thoms. Nays---'None. Council reconvened in Regular Session at 7:59 P.M. Councilman Lundh moved that Councilman C. Robert Justmann be selected to serve as Mayor during the year 1975. Seconded by Councilman Brady. Carried by the following vote: Yeas~ouncilmeJ\ Brady, Just- mann, Lundh, Thoms. Nays~ounctlman Stackis. City Clerk Leo F. Frommelt ad- ministered the oath of office to Mayor Justmann. Councilman Lundh addressed the Council stating that Councilman Thoms did an outstanding job during his tenure ,as Mayor for the year 1974. The remainder of the Council concurred with the remarks by Councilman Lundh. RESOLUTION NO. 1.75 Providing for the appointment of . City Manager, City Clerk, anel City Solicitor for the City of Dubuque, Iowa; providing' for their bonels, a~d fixing their salaries. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the following officers be appointed, subject howcver, to the right of the Conncil to declare such offices vacant or remove the officers therefrom at the pleasure of the Council with or without 'cause, and to he paid the com- pensation provided in the current budget and that the City Man. ager provide a bond in the amoUnt of $5,000, and. the City Solicitor provide a bond in the amount of $1,000 at their own ex- pense and that the City Clerk he covered under the blanket Hones.ty bond of the City. City Manager Gilbert D. Chavenelle City Clerk Leo F. Frommelt City Solicitor R. N. Russo Passed, adopted and approved this 6th day of January 197'5. C. Robert Jnstmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Conncilman Thoms moved adop. tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas~Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. !!lays-None. Mayor Justmann administered the oath of office to the Manager, Clerk and Solicllor. RESOLUTION NO. 2-75 Resolution, designating, the 0f- ficial newspaper of the City of Dubuque, Iowa. BE IT RESOLVED BY THE Cß'Y OF DUBUQUE, IOWA: That "The Telegraph Herald" a daily newspaper of general cir- cnlation, . he appointed the official ncwspaper of the City. 2 Regular Session, January 6, 1975 AYES: Passed, adopted and approved this 6th day of January 1975. C. Robert. Justmann Mayor Alvin Eo Lundh Emil Stackis J'ames E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stacltis moved adop- tion of tile resolution. Seconded by Councilman Lundlr. Carried by the following vote: YeM-Mayor Justmann, Ce\tncil- men Brady, Lundh, Stackis, Th"""". NO¥s.-iNone. Resol!Jtion. Naming Deposito,ries RESOLUTION NO. 3'75 BE IT RE1!OLVED by the city Council of DubuqUie' County Iowa: Tha~ we do' Irereby desiguate the following named banks to be de- positories o~ the. .'City of Dulmque funds in a"'o1mts not to exceed the amount named opposite each of said designated depositories and the City Tre,asnrer is hereby au- thorized to deposit the City of Du- buque fnnds in amounts not to ex- ceed in the aggregate the amounts named for said hanks as follows, to-wit: Name of depository, Location, Maximum Deposit in effect nnder prior resolution, Maximum Deposit under this resolwlion: American Trust & Savings Bank, Dubuque, Iowa ($5,1)00,000) $10,000,000 Dubuque Bank & Trust Company, Dubuqne, Iowa ($5,000,000) $5,000,000 First National Bank, Dubuque, Iowa ($5,000,000) $5,000,000 Key City Bank & Trust Company, Dubuque, Iowa {$5,OOO,000) $5,000,000 The amount authorized by this resolution Is hereby approv,ed. Is! Maurice Baringer Treasurer of State The vote On the resolution is. as fol!ows: C. Robert Justmann Mayor James E. Brady Alvin E. Lundh Emil Stackiso Allan T. Thoms Councilmen NAYS: None Dated at Dubuque, Iowa, Uris 6th day of January, 1975. SEAL Leo F; Frommelt Clerk Councilman Stackiso moved adop- tLon of. the resotution. Seconded hy Councilman. Brady. Carried by the following vote: Y'e,,"-Mayor Jnstman», Council- men BracJ(y, Lundh, Stacki., Thoms. Nays.--!NoWJ. RESOLUTION NO. 4-75 Resolution for approva, 01 the City of Dubuque Finandal audit 10,. the li..al year beginning Jon. ua"y 1, 1974. through Dece'"" ber :t,l, 1974, al1<l the 6 month period beginning January 1,.1,975 through June 30, 1975. WHEREAS, Section 11.18, Code of Iowa, provides that the finan- cial condition and transactiiJus of aU cities and city officials shall be examined at Jeas,t once per year; WHEREAS', examinations may be made by the Auditor of tile State, or in lien thereof, the local governing body may employ certi- fied public acconntants, registered in the state of Iowa; and goO notïfy the Audito. o~ Stat. within sixty days after the ciose of the ~isocal year to be examined: NOW THE.REFORE, BE IT RE- SOLVED that the Certified Pnblic Accounting Firm of O'Connor, Brooks and Company of Dubuque, Iowa, be engaged to audit thc Æinancial condition and transac- tions of the Water Utility, Parking and Sewage Facilities, for the fis- cal period heginning January 1. 1974, through December 31, 1974; BE IT FURTHER RESOLVED that tire Auditor of State he re- qnested to examine the financial condition and trans.actions for all othcr city funds and official trans- actions for the fiscal period be- ginning January 1, 1974, !hrongh ) Regular Session, January 6, 1975 3 December 31, 1974, and in addi. tron to, to examine all financial records and transactions of the City of Dubuque, . Iowa, for tbc six month period, beginning Jan- uary 1, 1975,through June 30, 1975. Passed, adopted and appro'led this 6th day of January, 1975. C. Robert Justmann Mayor Alvin E Lundh Emil St~ckis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman 8tackis movedado-p- tion of the resolntion. Seconded by Councìlman Brady. CarrIed by the following vote: Yeas-Mayor Justmann, Councìl- men Brady, Lundh, Stackis, Thoms. Nays-None. January 2, 1975 Honorable Mayor and City Conncil As City Manager, I wish to ad- vise your Honorable Body that all officers and employees who r have power to appoint, and are under my snpervision, direction and con- trol, and whose appointments con- tinue at the pleasure of the man. ager, and who .are now serving in their respective capacities, will be paid salaries in accordance with the detailed distribntion of pro- posed expenditures for the period January 1, 1975 through June 30, 1975 which the council established at the time of bndget hearing and adop'tioD. and in accerdance with the .attached "City of Dubuque 1974 Wage and Salary Plan." Since additional wages and benefits have been offered and are' under consideration by em- ployee groups, further wage pro- posals and appropriation amend- ments will be brought before the Council. Gilbert D. Chavenelle City Manager Couneilman Lundh move<l that [he communication be received and filed and approwd. Seconded by Councilman Stackis. Carried by the following vote: Yeas~Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Inspectors of the Building Department request- ing a review of the City Pay Plan ado.pcted in 1958 and pay reqnest submitted to management Decem.- ber 16, 1974, ¡>resentedand read. Councilman Thoms mov,ed that the communication he received and filed and referred to the City Manager for consideration and re- port. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Justmann, Oouncil- men Brady, Lundh, Stackis, Thoms. Nays-None. January 2, 1975 Honorable Mayor and Members of ,the 'City Council We hereby submit personal bonds for the City Manager and City Treasurer and desire to have your approval of same. Gilbert D. Chavenel1e, City Man. ager, Midwestern Casualty & Sure- ty Co. Bond. No. FO-55619 to De. cember tn, 1975. $5,000. Gerald Hird, City Tresaurer, The Ohio Casualty Insurance Co. Bond No. 1656615 to December 31, 1975, $50,000. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed and approved. Seconded by Councilman Thoms. Carried by the following vote: Yeas~Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Dock Com- mission submitting a list of names that have been suggested to serve on Area "C" Development Stndy Committee, pres.ented and read. Councilman Thoms moved that the communicaJtion be received and filed and list of names be ap- proved. Seconded by Councilman Brady. Carried 'by the following vote: Yeas-Mayor Justmann, Oouncil- men Brady, Lundh, Stackis, Thoms. Nays-None. Communication of U. S. Depart- ¡ment of Justice 1"equeslting the Mayor to name January as "Alien Address Report Month," presented and read. Mayor Justmann so ,pro- 4 Regular Session, January 6, 1975 claimed ,the month of January as I "Alien Address Report Month." Communication of The Adams Company being in opposition to the proposed Fonrth Street Re- development Plan, presented and read. Councilman Thoms moved that the communication be received and filed and referred to Council and Dock Commission for further study. Seconded by Mayor Just- mann. Carried hy the following vo,te: Ycas-Mayor Justmann, Council- men Brady, Lnndh, Stackis, Thoms. Nays~None. Oomln\unication of Kretschmer Tredway Co. advising that they are not included in the area of Re- development of Fourth Streøt ex- cept for the paving of East 7th Street to which they specifioally obj.ect to, presented and read. Councilman Thoms moved that the communication be received and filed and referred to Council and Dock Commission for further study. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas-Mayor Justmann, Conncil- men Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Braconier Inc., objecting to ,paving of East 7th Stre,et -because of the expense in- volved with relatively no benefits to' be gained and the number of railmad tracks, presented and read. Councilman Thoms moved that the commnnication be received and filed and referred to Council and Dock Commission for further study. Seconded hy Mayor Justmann. Carried by the following vote: Yeas-Mayor Jnstmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Communication of E. J. Voggen- thaler Co. objecting to the pro- posed area of East 7th Street for beautification and paving, present- ed and read. Councilman Thoms moved that the communieation be received and filed and referred to Council and Dock Commission for further study. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Robert E. Wolf, shop foreman of Morrison Bros. Co., o'bjecting to the proposed paving of East 7,th Street showing concern for the Company being forced into a large expenditure, presented and read. Councilman Thoms moved that the communica- tion be received and filed and re- ferred to Council and Dock Com- mission for further study. Second- ed by Mayor Jnstmann. Carried by the following vote: Yeas~Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Morrison Bros. Co.,as not being convinced that the alleged benefits to the City will accrue as presented and ob- jecting to any future paving in the .area 'by assessment, presented and read. Councilman Thoms mov- ed that the communication be re- ceivedand filed and referred to Council and Dock Commission for further study. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas~Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Low Rent Housing Commission submittting minutes of their meeting of De- cember 17, 1974, presented and read. Councilman Lundh moved that the minutes be received and filed. Seconded by Councilman Staokis. Carried by the fOllowing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Planning & Zoning Commission submitting minutes of their meeting of De- cember 18, 1974, presented and read Councilman Lundh moved that' the minutes. be received and filed. Seconded hy Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Alta Jane Blades objecting to and serving formal notice that she will look to the City for indemnity for anw damage susta-ined as the result of oper-ation of s.aniiary land fill on the Gantz propeI1lies, presented Regular Session, January 6, 1975 and read. Councilman Thoms mov- ed that the communication be re- ceived and filed and referred to the City Solicitor and Engineering Department. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas-Mayor Justmann, Conncil- men Brady, Lundh, Stackis, Thoms. Nays~None. October 15, 1974 Honorable Mayor and City Council On September 23, 1974, Leroy L. (Roy) Meyer, 1425 Curtis Street, Dubuque, filed claim against tbe City of Dubuque in the amount of $16.48, alleging said damages as the result of plumbing labor charges. incurred on September 20, 1974, as the result of a clogged City sewer. This matter was referred to the app'ro.priate City Agency who has made an investigation of this mat- ter, and reports to this office of no I\eglig'ence or liability on the part of the City. Accordingly, it is the recommendation of the City Attorney that said claim be denied. Original claim Is returned here- with. R. N. Rusoo City Attorney Councilman Lundh moved that the recommendation of denial be approved. Seconded by Councilman Stackis- Carried by the following vote: Yeas-Mayor Justmann, Council- men Br-ady, Lundh, Stackis, Thoms. Nays~None. December 30, 1974 Honorable Mayor and City Council On November 18, 19-74, the com- municàtion of Thermolyne ad- dressed to the Honorable Mayor and City Council was referred to the Mayor's Indus.trial Committee and the City Solicitor for rene-go- tiation. This is to ,advise that 1 have met with the Mayor's Indnstrial Com- mittee, and it is expected that a report will be forthcoming from this Committee very shortly. Orig- inal matter is returned herewith. R. N. Russo City Attorney Councilman Lundh moved that the communication be received 5 and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays~None. January 2, 1975 Honorable Mayor and City Council On August 24, 1974, Claribel Hut- ton, 788 Fenelon Place, Dubuque, filed claim against the City of Du- buque in an nnstated amount claiming personal injuries suffer- ed hy her on July 28, 1974 as the result of a fall caused by tripping on uneven sidewalk ,at 1105 Locust Street, Dubuque, Iowa. This mat- ter was referred to ,the City At- torney for handling and with the consent of said office, the office of the Archdiocese of Dubnque Self Insurance Company, negoti- ated a settlement and has secured release, copy of which release and evidence of payment is hereto at- tached. Accordingly, it is the recom- mendation of the City Attorney that a warrant be issued reimbnrs- ing said insurance program one- half of the said settlement amount of $40.00. In accordance with said agreement, the City Auditor should be instructed to draw warrant to Archdiocese of Dubnque Self In- surance Company Program in the ¡amount of $20.00 and transmit same to the City Attorney for de- livery ,and receipt. Original claim is returned herewith. R. N. Russo City Attorney Councilman Lundh moved that the recommendation of settlement be approved and City Auditor be directed to issue proper warrant. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays~None. January 2, 1975 Honorable Mayor and City Conncil On August 23, 1974, Mrs. Ar- thur M. (Catherine) Boardman,91 Burns Street, Dnbuque, filed claim against the City of Dubuque in an unstated amount claiming per- sonal injuries snffered by her on 'July 26, 1974 as the result od' a 6 Regular Session, January 6, 1975 fall from stepping into a hole in the sidewalk at 1105 Locust Street Duhuque, Iowa. This matter wa; referred to the City Attorney for handling and with the consent of said office, the office of the Arch- dioœse of Dubuque Self Insurance Company, negotiated a settlement and has secured rele.ase, COpy of which release and evidence of pay- ment is hereto attached. Accordingly, it is the recom- mendation of the City Attorney that a warrant be issned reimburs- ingsaid insurance ,program one- half of the said settlement amount of $250.UO. In accordance with said agreement, the City Auddtor should be instructed to draw warrant to Archdiocese of Dubuque Self In- surance Company Program in the amount of $125.00 and transmit same to the City Attorney for de- livery and receipt. Original claim is returned herewith. R. N. RusßO City Attorney Councilman Lundh moved that the recommendation of settlement be approved and City Auditor di- rected to issue proper warrant. Seconded by Councílman Staekis. Carried by the following vote: Yeas~Mayor Jusimann, Council- men BMdy, Lundh, Stackis, Thoms. Nays~None. Petition of Richard Construction Co. reqnesting permission to in- stall boulev.ard type lights on Meadow Wood Drive, Block 14 Sun.ise Heights Sub., p"esented and read. Councilman Thoms mov- ed that the petition ,be referred to the City Manager and Electrical Inspector. Seconded by Council- man Brady. Carried by the fol. lowing vote: Yeas----'Mayor Justmann, Councíl- men Brady, Lundh, Stackis, Thoms. Nays~None. Petition of Kennedy Construc- tion Co. requesting rezoning of property located between Kauf- mann & Kane Street from Single Family 10 Multiple Family (ap- prox. 15 acres) for a planned unit development, prescntedand read. Councilman Lundh moved that the petition be referred to the Plan. ning & Zoning Commission. Sec- onded by Councilman Thoms. Car- ried by tne following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays~None. Petition of Louis A. Ring re- questing a refund of $50. on the unexpired portion of cigarette li- cense No. 463, 'as he discontinued business on 12-30-74, presented and read. Councilman Lundh mov- ed that the refund be granted and City Auditor be dioocted to issue proper warra"k. Seconded by Coun- cilman Stackis. Carded by the fol- lowing vote: Yeas~Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays~None. Proof of Publication, certified to by the publisher, of Notice of Levy of special assessment and in- tention of the Council to issue bonds for the City of Dubuque 1973 Concrete Sidewalk Progr,am, pre- sented and read. No oral objectors were present in the Council Cham- ber at the time set for the hearing. Councílman Thoms moved that the proof of publication be received and filed. Seconded by Council- man Stackis. Carried bY the fol- lowing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays~None. Statement of City Clerk certify- ing that notices of levy were maíl- ed by certified mail to property owners of record subject to pay for cost of 1973 Concrete Sidewalk Program, on December 18, 1974, presented and read. Councilman Thoms moved that the statement be received ,and filed. Seconded bl' Councilman Stackis. Carried by the fol!owing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Statement of Engineering De- partment, that notices were posted in the assessable area of the 1973 Concrete Sidewalk Project on De- cember 26, 1974, presented and read. Councilman Thoms moved that the statement be reeeived and filed. Seconded by Council- man Stackis. CarrIed by the fol- lowing vote: Yeas-Mayor Justmann, Council- men Brady, Lnndh, Stackis, Thoms. Nays~None. \ Regular Session, January 6, 1915 7 GOInmunicatioJil of Ben J. Weber of 2902 Muscatine Street, object- ing to the amount of assessment for 1973 Concrete Sidewalk Project, pre",nted and read. Conncilman Thoms moved that the communica- tion be reeeived and filed. Sec- onded bl' Conncilman Stackis- Car- ried by the following vote: Yeas~Mayor Justmann, Counctl, men Brady, Lundh, Staekis, Thoms. Nays~None. ~ESOLUTION NO. 5.75 Primrose Sireet: from Daven'port to Kane Street Bernard J. and Mildred We.ber, Lot 40, McDan, iels Park Hill ................$ 610.82 Robert W. and Audrey J. Morey, Lot 5&, MeDan- iels Pæ-k Hill """""""" ff10.82 Robert W. and Andrey J. Morey, Lot 50., MeHan- ie1s Park Hill Retaining Wall """"""""""""""'-" 789.00 ~Orme¡¡ta Young (cont.) John W. and' EåF!ine Kreul, Lot. 1-2-1, E. Youngs Place """""""" 617.84 Resolved. by .the City; Council City of Dubuque, Unlm- Oil the City of. Dubuqno" Iowa: That proved Alley's """"""" 4()1¡.20 to pay for 19173 Concreto Sidewa1k - ~am by Ray MacDonald. C<>n- Patrick E.and Mami'll" ,truejion,. contractOil! m £ro..j, of F!rrn, Lot 22, McDaIT-- and adJoining the same, a special iels Park Hil! '-"""""" 1M!) 1æ<.1re !aId is he.ol>y le¥iled ou the Exeavation 138.3 elf. yds. $Ø"eral lots,aud parts of. lots, ""<I @ $1.9& ..........................$ 200,00 piarcels of real estate all a. uamedi, ¡Sod 200.7' sq. I'ds'o @ 1\11.00 203~70 situ.ate.d and owned, and for the I 4" walk 1,486 sq. f,!. @ s""o.al amounts set oIfpos!te each I $0.75 """""""-................. 1,n~.89 I<>t. or parcel of real estate, as sel I 6~ walk 288.03 sq. ft. @ forth. in the following scbcdnle. $0.95 """""""""""""""" 273.63 BurHngton, Street: from Primrose Ste~s 6.nü. of @ $9.21...... '55.26 to Broadway Dram Tile 10.5 fl. @ $2.00' 21.00 Retaining Wall 22.56 cu. City of Dub"q"e, Lot 3, yd; @ $70.00 """""""" 1,579.20 Grommersch. Place ......$1,187..65 - - Charles E.and Bernice' Co"struetlon Cost ............$3;51'1'.37 Schumaeher, Lot 5, Engineering........................ 597.00 SOnth Park Hi!! ............ 565.24 7% Interest-52 days ...... 311.56 Charles E. and Bernice SChumacher Lot 5 Project Cost South Park 'Hi!! Retain: City Share ing Wall ........................ 357.00 SchecllUle of Assessments ......................$4,150.83 269.69 55.26 789.60 $2,).09.89 EXeavation 44.4 cu. I'd. @ $1.95 ......-...................$ 86.58 Sod 89.2 sq. yd. @ $1.00,.. 89.20 4" walk 1,584.04 sq- ft. @ $0.75 .......................... 1,188.(13 6" walk 90.49 sq. ft. @ $0.95 ................................ Retaining Wall 10.2 cu. yd. @$70.00 85.97 Assessæble ..........-......-........$3,036.28 Keokuk Street: from Pri'mrose to Glenwoocl Clifford J. and Marie B. Sheenan Lot 2.97, Mc- Daniels Park HIll """"" 0.00 Clifford J. and Marie B. Sheenan, Lot 2-96, Mc. Daniels Park HilI -....... (1.00 Saunclers Street: from I.emon to Timberline Drive James H. & Darlene Rich- ard, Lot. 8, Green Acres Sub.Blk 8 ...................... Thomas J. & Sharon L. Vath, W. 10' of Lot 7, Green Acres Sub. Blk. 8 Thomas J. & Sharon L. Valli, Lot 6, Green Acres Sub. Elk 8 0.00 714.00 Constrnction Cost ............$2,163,78 Engineoering ...............-........ 367.81 7'% Interest----52' Days..... 21.88 0.00 Pr()jeet. Oost ......................$2;553.47 City Share .......................... 86.58 357.00 AS'lCssaple ..........................$2,109.89 0.00 0.00 8 Regular Session, January 6, 1975 James H. & Darlene Rich- ard, Lot 7A, Green Acr,es Sub. Blk 8 .......... James H. & Darlene Rich- ard, E. Bal. of Lot 7, Green Acres Sub.Blk 8 City .of Dubuque, Un- named stree.t abntting Lot 56 south side ........ City of Dnbuque, Unim- proved Davenpart St..... City 'of Dubuque, Musca- tine Street ....................,. City of Dubuque, Lot37', Fairmont Park Addition City, of Dubuque, Lot 38, Fairmont Park Addition C1tyof Dubuque, Lot 39, , Fairmont Park Addition City of I!ubuque, Lot 40, Fairmont PaYk Addition City of Dubuqne, Lot 41, Fairm.ont Park Addition City. of Dubuque, Lot 42, Fairm.ont Park Addition John M. &, Sally A. Lewis, Lot 51, Fairmont Park Additio1 ................"......... John,M. & Sally A. Lewis, Let 2-50 li'airmont Park Addition 160.71 191.33 233,57 377.29 153.06 191.33 . 191.33 191.33 191.32 $1,881.27 Excavation, 30 cu. yd. @ $1.95 .........................,......$ 58.50 Fill Dh-t, 12 cu. yd. @ $4.00 .........................,...... 48.00 4" walk, 1,7311.30 sq. ft. @ $0.75 """"""""""""" 1,303.73 6" walk, 245.8 sq. ft. @ $0.95 ................................ 233.51 Construction Cost ............$1,643.74 Engineering & Inspection 279.41 7% Interest-52 Days ...... 16.62 Pr.oject Cost ......................$1,939.77 City Share ..........".............. 58.50 Assessable ..........................$1,881.27 Fo,r Oakcrest Drive: between Greenwoocl ancl Maplewoocl James F. & Elizabeth A. Miller, Lot 1-6, BloCk 5 Green Acres Sub. ........$1,024.75 Excavati.on, 36 cu. yd. @ $1.95 ........,.........................$ 70.20 4" walk, 879.8 sq. yd. @ $0.75 .."............................ 659.85 Sod in place, 197.8 sq. yd. @ $1.00 ................"........ 197.80 Construction Cost ............$ 927.85 0.00 Engineering & Inspection 7% interest-52 Days ...... 157.72 9.38 0.00 Project Cost ................,.....$1,094.95 City Share """"""""""""" 70.20 Assessable ..........................$1,024.75 Kaufmann Avenue: from Theel.. to Evergreen Street City of Dubnqne, Lot 2-1-1- 1-2-1-2-2-1-2-1, Highland Farm ................................$ 170.19 Peter, J. s,eippel Lumber Co. Lot 1-2-2-1-1-2-1-2-2- 1-2-1 Highland Farm..;. peterJ. Seippe! Lumber èo; . Lot 2-2-2-1-1-2-i-2:2- 1-2-1 Highland Farm .... Exoavation, 36 cu. yds. @ $1.95 ¡:..................¡........... 70.20 4" walk; 178 sq. It. @ $.75 133.50 0.00 0.00 Construction Cost :...........:p 203.70 Engineering & Inspection 34.63 7% Interest-52 Days ...... 2.06 0.00 Project Cost .........,............$.240.39 City Share """"""""""""" 70.20 Assessable, ..........................$ 170.19 0.00 Pennsylvania,: from Bles Drive to Lea Lane Dale A. Wernecke, Lot 1- 2-1, SYlvan Place ......"..$1,016.85 Sod, 95.77 sq. yds. @ $1.00 ..............,..;;............; 95.77 4" walk, 1,021.2 sq. tt. @ $0.75 """""""""""""""" Coustrnction ODst ............$ Enginee~ing & Inspection 7%, Interest-52 Days .... 765.90 861.67 146.47 8.71 Project Cost ......................$1,016.85 City Share """"""""""""" 0.00 Assessable ..........................$1,016.85 Mullen Road: both sid.. betw..n Hillcrest Rd. ancl Asbury Rd. Harry A. and Marian Mnir, Lot 22, Hillcrest Sub. No.2................................ Harry A. and Marian Muir, Lot 23, Hillcrest Sub. No.2................................ Segurd R. Snndeen, Lot 31, Hillcrest Sub. No.2.... <1.00 Granclview Avenue, between Delhi ancl Un,ive'rsity Avenue-west sicle City of Dubuque, Grand- . view Right of Way ......$1,569.14 Excavation, 5 cu. yds. @ $1.95 .............................;..$ 9;75 <1.00 0.00 Regular Session, January 6, 1975 4" walk, 1,739.08 sq. ft. @ $0.70 """"""""""""" 1,304.76 Construction Cost ............$1,314:51 Engineering & Inspection 251.09 7%, lJIterest-52 Days ...... 13.29 Project Cost ......................$1,578.89 City Sha~e """"""""""""" 9.75 Assessable .............,............$1,569.14 Cumm,ins Street: West S,id'e be. tween Lòras Blvcl. and encl of str..t Gevald T. Wagner, Lot 14-3, Mineral Lot 90......$ 209.86 Frank J. and Anna M. Pusateri, Lot 15-3, Min- eral Lot 90 ...................... Sam T. and Louis A. Pusa- teri, Lot 16-3, Mineral Lot 90 ...........;................ Excavation, 2 cu:yds. @ $1.95 .................;;.............$ 3,90 Sod, 8 sq. yds. @$1.00.... 8.00 4" walk, 138 sq.' fi. @ $0.75 """""""""""""""" 103;50 6" walk, 69.2 sq. ft. @ $;95 65.74 Construction Cost ..........,.$ 181.14 Engineering & Inspection 30.79 7% Interest -52 days .... 1.83 Project Cost """"""""""" 213.76 City. Share .....................,.... 3.90 Assessable ..............,...........$ 209.86 Auburn: east side between' North Grânclview Avenue &. Dexter Street City of Dubuque, .Pt. Lot 177, Woodlawn Park Ad. dition . ................,................$ 12.90 City of Dubuque, Vacated Auburn Street ...:.......... 197.19 City of Dubuquc, Street right-<>f-way """""""""" 191.53 $ 401.68 Sod, 24.7 sq. yds. @ $1.00 24.70 4" walk, 420.9 sq. ft. @ $.75 """"""""""""""""" Construction Cost ............$ Engineering & Inspection 7% Interest-52 Days ...... 315.08 340.38 57.86 3.44 Project Cost ......................$ 401.68 Cïty Share ....................:..... 0.00 Assessable ..........................$ 401.68 Kaufmann Avenue: both sides from North Granclview to Maryville '"'Dale Wiegand, Lot 5, Wiegand's Sub. ............$ 222.67 "Dale Wiegand, Lot 6, Wiegand's Sub. """""" 350.69 City of Dubuqne, Lot 2-2.2- 2.14'1, 'Mineral Lot 210 536.22 'Deficiency paid by city, Lot 5, Wiegand's Sub. 'Deficiency paid by city, Lot 6, Wiegand's Sub. $1,859.68 Excavation, 113 cu. yds @ $1.95 ...................,......$ 220.35 Sod, 15.6 sq. yds. @ $1.00 15.60 4" walk, 2,035.35 sq. f.t. @ $0.75 ..................... 1,526.51 0.00 Construction Cost ............$1,762.46 Engineering & Inspection '299.74 7% Interest-52 Days """ 17.83 Project Cost ......................$2,080.00 City Share ..,......................, 220.85 0.00 Assessable ..........................$1,859.68 North Granclvlew from Clarke Drive to Kaufmann Avenue 'John and Muriel Mootz conI. MerwinF. &. Jean Ann Rupp, 1.E 51.4'-S 100-47 Finley's Add. ..................$ 403.19 "'John and Muriel Mootz coni. Merwin F. & Jean Ann Rupp, 1-E 51.4'-S 100-47 Finley's Add. Retaining Wall ""...........................,457.45 'Clarke College, Lot 1, Clarke College Place...., 2;8405.27 Leslie I. Furuseth, N 100'- W 61.11'-66, Finley's Add. $3,705.91 '*To be p'aid by City of DUbuque Excavation, 123.0 cu. Yds. @ $1.95 ............................$ 239.85 4" walk, 2,948.15 sq. ft. @ $0.75 """"""""""""" 2,211.11 6" walk, 96.0 sq. ft. @ $0.95 ................................ 91.20 Sod, 25 sq. yd. @ $1...... 24.00 Retaining Wall, 13.07 cu. yds. @ $70.00 """""""" 914.90 Drive Section, 28.5 lin. ft. @$9.22 262.77 Construction Cost ............,.$3,7431.83 Engineering & Inspection 62t53 7% Interest-52 Days """ 37.85 Project. Cost ......................$4,400.21 City Share """""""""""" 239.85 457.45 Assessable ..........................$3,705.91 9 468.03 282.07 0.00 10 Regular Session, January 6, 1975 Avo". Street: from Ro.ecl'ale to Green Str...t Harold B. & Dorothy Dem- kier, E,28'-W-50', Min- eral Lot 179 ....................$ 979.17 Harold B. & Dorothy Dem- kier Ec28'-W-50' Min- eral' Lot 179 Re,taining W",ll """"""""""".."".""" 53&.461 Project Cost City of Dubuque, Alley.... 65.36 City Share $0.75 ................................505.50 6" walk, 54.06 sq. ft. @ $0.95 """"""'."-""""""." 51.36 Construction Cost ............$ 715.36 Engineering & Inspection 121.60 7% Interest-52 Days ..... 7.23 844.19 19.50 $1,682.99 Excavation, 90 cu. yd.. @ $1'95 .........................,.....,$ 175.50 Sod, 68.75 sq. yd. @ $1 68.75 4" walk, 563.2 sq. ft. @ $0.75 """""""""""""""" 422.40 6" walk, 13.91 sq. ft. @ $0.95 ................................ 13.21 Steps,7 no. of @ $9'.21.... 64.47 Drain Tile, 38 ft. @ $2.00 76.00 Retaining Wall, 25.10 cu. yds. @$70.00 ................ 1,757.00 Construction Cost ............$2;577.33 Engineering & inspection 438.11 7% Interest~2 Days ..'... 26.06 Assessable ..........................$ 824.69 AU of whIch is assessed bo pro- 'Portion to the special benefits con- ferred. Passed, adopted and approved this 6th day of January, 197,5. C. . Robert Justma..n Mayor Alvin E. Lundh Emil'Stackis James E. Brady Allan T. Thoms Councilmen Project Cost City Share Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas~Mayor Jusimann, Council- men Brady, Lundh, Stackis, Thoms. Nays~None. Proof of 'Publication, certified to by the Publisher, of Notice of Pro- posal to issue Street Improvement Bonds to pay f'Dr cost of construct- ing 1973 Concrete Sidewalk Pro- 3.90! ject, presented and read. No writ- 5.00 ten objections were filed and no .oral objectors were present in the Council Chamber at the time set for the hearing. Seconded by Councilman Stackis. Carried by the foll'Dwing vote: Yeas-'Mayor Justmann, Courn:il- men Brady, Lundh, Stackis, Thoms. Nays~None. RESOLUTION NO. 6.75 ..$3,041.50 17'5.50 64.47 1,218.54 Assessable ..........................$1,582,99 Atlanlic Street: we.t siclle':"'from North Granclview to Dexter St. City of Dubuque, Lot 5, 8en- ior Sub. ............................$ 64.89 Excavation, 2 cu. yds. @ $1.95 ...............,................$ Sod,5 sq. yds. @ $1.00.... 4" walk, 65.85 sq. ft. @ $0.75 ................................ 49.39 Constructi'Dn Cost -..............$ 58.29 Engine,ering & Inspection 9.91 7% Interest-52 Days ...... 0,59 Project Cost ...................... 68.79 City Share ..........".....,........ 3.90 Assessable ..........................$ 64.89 North Algona: from North Grjn<l. v.iew Avenue to Dexter Street Mabel R. Palmer (survivor) B-1-1, Mineral Lot #179'..$ 775.45 City .of Dubuque, Unim- proved alley west side 49.24 R..olution provicl'ing for the is- suance of Street Impreveme,nt Boncls for the pu'rpose of pro. v.icling for the payment of. .the ass..sed cost of City of ,Dubuque 1973 Co,ncrete Sicle'walk Project. Wheæas the contraOi heretofore entered. into by the City of Du- buque,. Iowa, for ,lIte improvements hereinafter <tescrihed ,has been completed andthc City Manager $ Excavation, 10 cu. yds. @ $1.95 ................................$ Sod, 139 sq. yds. @ $1.00 4" walk, 674 sq. ft. @ 824,fi9 19.50 139'.00 Regular Sessi<>n, January 6, 1975 has certified the completion there- of to the City Conncil and the G>ty Council l>as a.nertained the cost theveof and has determined ,that $8,669.22 <>I the cost there.of shall be assessed against the prop- erty swbje.t to assessment there- for; and Whcr.'as p'llbJic notice, as pro. vided by law, has been pnblished by the City Clerk stating the in- tention of tbe City Conncilto issue bonds for the purpose Qf providing fQC the payment .of the assessed cost of said improl'ement and a public hearing has been held, pur- s"ant to such notice and an ob- jections made thereto have been considered and determined; NÛ'W THEREFORE BE IT RE- SOLVED by the City Council .of I the CIty of Du]¡mque: 1. That to provide for the pay- ment of the' a,"sessed cost .of City of Dulmqne 1973 Concrete Side- walk Project, there shan be' issued stre'ct improvement bond,s in the amount -of $8,000.00 inanticip'a- lion of ,the deferred payment of assessments !ev:ied for such im- i!>r""'_nt. 2. Such bonds shan be called streot improvement bonds; and shan hear the date of April 1, 1975; and shan be numbered con- secutively;, and they shan be num- bered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: Series No.1, Bond NO'. 1, $1,000.00 April 1, 1976 Series No.2, Bond No.2, $1,000.00 I April 1, 1977 Series No.3, Bond No.3, $1,000.00 April 1, 1978 Series No.4, Bond No'. 4, $1,000.00 April 1, 1979 Series No.5, Bond No.5, $1,000.00 April 1, 1980 Series No.6, Hond No.6, $1,OOO.OD April 1, 1981 Series No.7, Bond No.7, $1,000.00 April 1, 1982 Series No.8, B'Dnd No.8, $1,000.00 April 1, 1983 3'. Said honds shall bear inter- est at t¡,e rate of six per cent per "",",urn, paya'¡"leammaI1y in a'.- cord'anøe with cowpons; thereto at- tached; 4. Said b.onds shan not maroe the City of Dubuque liable in ,any way, '.J<ce.pt for t!le application of said special assessment funds. 5. Said bonds shan provide that they may be payable at ,any time p,rior to the maturity date stated therein at the option of the City of Dubuque and shall be in subs,tan- tially the following form: No. .........., Series No. CITY OF DU'BUQU'E SI,eet Impro,ve,ment Bond The City of Dubuque in the State of Iowa promises to' pay as hereinafter mentioned t.o the be,ar- er hereof, the sum of one thousand dollars with interes,t thereon at the rate of six per cent per an- num, payable annually, on the presentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the .office .of the City Treasnrer in the City of Dubuque, in the State of I.owa. This bond is issued by the City 'Of Dubuque nnder and by virtue of Chap,ter 006 of the 1973 Code of Iowa, .. amended, and the Resolu- tiow of said City duly passed on the' 8th day of January, 1975, being Resolution No. 6.75. This Bond is one of a series of 8 bonds, all for $1,000'.00 num- bered from 1 throngh 8 an of like tenor and date, and issued for the purpose of providing for the de- ferred payment of the assessments levied for the City of DUbuqne 1973 C!mcrete Sidewalk Project, as described in said Resolntion, in said City, which cost is payable by the abutting and adjacent pr.operty along said -improvements and is made by law a lien .on all of sa-id property. It is payable only out of the Special Assessment Fund 1303 created by the collection of said special ,tax, and said fund can be used for no other pnrpose. It is hereby certified and recited that an theacis, conditions and things required to he done, prece- dent to and in 'issuing th-isseries of bonds, have been done, !lap- peued, and performed, in regular and due form, as required by law and said Res.olution, and for the assessment, collection and payment hereon 'Of said special tax, the fUll fai,th and diligence .of said City of 11 12 Regular Session, January 6, 1975 Dubnque are he~eby irrevocably pledged. IN TESTIMONY WHERiEJOF the City of Dnbuque by its Council has caused this bond to be sigoed hy its Mayor and countersign~d by its City Clerk and the Seal of said City to he thereto affiJ<ed, this 6th day of January, 1975. """"""""""""""""""""""""""""""" Mayor (SEAL) """"""""""""""""""""""""""""""" City Clerk (Fo,rm of Coupon) On the ..............day of ........'......... the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of """""""""""""" Donars, in the of- fice of the City Treasurer in the City of Dubuqne, being .........."...... months' interest due that date on its ...................................... Bond No. dated """"""""""""""""""""""""""""""" MayOr """"""""""""""""""""""""""""""" City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said -bonds to be prepared and when so prepared to execute said bonds and tha,t the City Clerk be and he is hereby instructed to register said bonds in a book kept for that pnrposeand to then de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to he placed in a special fund to be known as Special Assessment Fund 1303 and paid out by him to pay the cost of said contract. 8. Tha,t the interest coupous at- tached to the bonds be signed with the facsimile signature of the Mayor ,and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, these ,bonds shaIi be called 'and retired in the same order as num- bered. The notice of election to cali these bonds shall be given by Regular United States. Mail ad- dressed to the last known address of the purchaser. 10. Passed, .adoptedand approv- ed this 6th day of January,. 1975. C. Robert Justmann Mayor Alvin E Lundh Emil St~ckis James E. Brady A;Iian T. Thoms Counrcilmen Attest: Leo F. FrommeJit City Clerk Councilman Thoms mOoved adop- tion of the resolntion. Seconded by Councilman Stackis. Carried by the foIiowing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Siackis, Thoms. Nays-None. RiESOLUTION NO. 7.75 WHEREAS, applications for Beer Permits have been submitted to ,this Council for 'approval and tbe 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 grante-d and permits issued npon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Clarke College of Dubuque, Iowa 1550 Clarke Drive Passed, adopted and approved tbis 6th day of January 1975. C. Robert Jusimann Mayor Alvin E. Lundh Emil Stackis AIian T. Thoms Councilmen Attest: Leo F. Frommelt Oity Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justman!>. Carried by the following vote: Yeas~Mayor Justmann, Council- men Lundh, Slackis, Thoms. Nays~Oouncilman Brady. RESO'LUTION NO. 8-75 WHEREAS, applications for Beer permits were filed by the within named applicants and they have receiv,ed the approval of tbis Conn- cil; and WHEREAS, the premises to ,be occupied by such applicants were Regular Session, January 6, 1975 inspected and found ,to comply with the Ordinances of this City and they hav,e filed prop,er bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants ,a Beer Permit. CLASS "B" BEER PERMIT Attest: Leo F. Frommelt City Clerk Councilman Thoms movedadop- tion of the resolution. Seconded -by Mayor Justmann. Carried by the foIiowing vote: Yeas-Mayor Justmann, Conncil- men Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 10.75 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 aIi City Ordinances relevant thereto and they have filed p'roper bonds, NOW THEREFORE BElT RE- SOLVED by the City Council of Dubnque, Iowa, ,that the Manager beautborized to cause to be issned to the following named applicants a Liquor License. Clarke College of Dubuque, IOowa, 1550 Clarke Drive Passed, adopted and approved this 6th day of Jannary 1975. C. Robert Justmaun Mayor Alvin E. Lundh Emil Slackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of ,the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas-Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays-Conncilman Brady. RESOLUTION NO. 9.75 WHEREAS,applications for Li- quor Licenses have been submitted to this Council for ,approval and the same hav-e been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the foIiowing applications heap- proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- I sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Josephine Burke, El Toro Lounge, 1445 Central Avenue Donald Kies, Golden Pheasant, 2620 University Avenne Passed, adopted <U1d approved this 6th day of January 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE I Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop. tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas-Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays-None. There -being no further business, Councilman Thoms moved that the meeting be adjonrned. Seconded Jusephine Burke, EI Toro Lounge, 1445 Central Avenue Donald Kies, Golden Pheasant, 2620 University Avenue Passed, adopted and approved this 6th day of January 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen 13 .- 14 Regular Session, Jannary 6, 1975 by Councilman Lundh. Carried by the following vot",: Yeas~Mayor Justmann, Council- men Brady, Landl1, &tackis, Thoms. Nays-None. Leo F. Frommelt City Clerk Approved ....................................1975. Adopted ......................................1975. """""""""""""""""""""""""""""" Mayor ............................,............................... .................,...........,.............................. """""""""""""""""""""""""""""" ............................................................ Councilmen Attest; """""""""""""ëiïÿ"'ëi~;k"" Special Session, ~annary 13, 1975 (I'lY COUNCI:L OFFICIA<L Specia,1 Session, January 13, 1975. Coundl met at 7:30 P.M. {C.s. T.! :Presen,t~MayQJ' Ju.tmann, Coun. cilmen.. ,Bracl~, ..Lundh,.. Stacki~, Tho"'$. C,/ty ¡M_ger Gilbert ,D. ,Chav.enelle. Mayor ,J;ustmann ,read the call and sta,ted that servloe ,thereof h,\d be,en duly made and this meeting is call'Cd for THE PURPOSIE OF OONDUCTI!N;G A PUBLIC 'HEA1R- lNG ON THE MANAGER'S RE- FORT RELA;TIVE TO THE CONDI- TION OF DELAPlDATED BUILD- INGS !JOCATED AT 11'1'H AND WHITE srrRiEEfr' and acting up<>n stich other business as may prop- erly œmeb"fore a regular meet- ing of the Council. by C"""cilman !Brady. .Carried by the !!oJ:lowingvote'; ¥e'as----'Mayor Jusfuu¡¡,mn, CounOil- men Brady, Lun<lh, Stackis, Thoms. Nays-None. Commu..1cation of Dubuque Hard- woodsexpressiug displeasure at the proposed develOpment p,lan of the 4th -Sweet area and will not endorse it, presented and read. Mayor Justmann moved thai the communication be received and filed and copy sent to the Dock Commission. Seconded by Counoil- man Brady. Carried 'by the {"How- ing vote: ¥eas----'Mayor J"slmann, CounciJ1' men BrAdy,Lnndh, &tackis, Thoms. Nays---'None. January 8,1975 HonerablcMayor and Members of the 'City :Oount:il Inave "pprOViea the Continuation certificate of 'the Sidewalk Con- struction bond ,of Gtlbert. R<J'ling, Bond No. S 729011, INOrl!hwestern National InsnraneeCo",pany to l' 18-76, and desire to have your ap- proval of same. Gillicrt D. Chavenelle City Mal1ager Councilman Lundh moved that the' communication be received and filed and fili.,g he "pproved subject to the a¡>pr<J"al of tOO City Solicitor. Seconded ,hy Mayor ,Just- man. Carried by the following vote: Ye'as-MaY<Jr Justm:ann, Council- men Brady, Lnndh, Stackis, Tboms. Nays-None. 'Communication olPlaygOOWlld& lIecreation Conun.ission submitting UJinulies of tbeir .meeitng of Decem- J¡er 9, 1974, presented and re'ad. Councilman Loodh moved that the minutes he recei,-,edand filed. See- onded by .Mayor Justmann.Carried by the following vote: Yeas-Mayor Justmann, Qøuncil- :men Brady" Lun<il¡, Stackis, Thoms. Nays~None. Communication of PlAygro¡md & , Recre'ation Commission suggesting I several meeting dates to consider Five 'Flags Center-lce Rink pro. .January8, 197;; posal, presented and read. Coun- :aonorable Mayor cilm~n ~undh mo"e~ that the c.om. and City .ecuncil mnmcatlon ,be rece1Ved and filed r am returning the petition of and. a meeting be Se! for Janu~rY Richard ,Cßßstnmetion r-equesting 28, 1975, wJth CouncIl, Recreat;on additional street lighting in Sen- Dept. and FIve FIag~ EÆecutI~e ri.e He'lgbts Subdivision. Comffilttee.. Secon~ed by CouncIl- The area has been investigllted m.~ StackI~. CarrIed by the .£01- by the electrical in.spector and it 1owlllg vote. is recommended that two.175 watt Yea8'--l\l:ayor J"stmann, Council- mel1Cury vapoa- f;yp'e fi¡otures, on men Brady, Lundl1, Stackis, Tl1om.. the developer's metal stllJ;ldards,bc Na!,s~None. illßtaJ1ed a:t the fol!l>Wing locatio,," Notice of Teleprompter Com- along :Meade,w Wood Drive; munciations Corp. advising that ap. 1. On ,the prop,erty lme l1etween plication f"r renewal eof [;icensc LotI and Lot 2 of Block .14- of Business Radio Station KUJX-87 2. 0... the JPrope~ty lIne between waß filed On Jannary 7, 19~, witlh Lo,t 5 a'l1d Lot Ii of BI{)ck 1>4. ti>eFederal Vomnnmications Com- Yourappr<>v<il ,of the.e install.. mi..ion, presented and read. May{)r tio". is reqnested. Justmannmoeved that the Notice Gilbert D. Chavenelle he jj)eeeive<j a..dfiJed. Seconded OIty Manager IDS 16 Special Session, January 13, 1975 Conncilman Lnndh moved that the communication be received and filed and requeslt approved. Sec- onded by Mayor Jus.tmann. Carried by the following vote: 'l:'e'as~Mayor Justmann, Council- men B..dy, Lnndh, Stackis, Thoms. Nays-None. January 9, 1975 Honorable Mayo,r and City Council [ am returning the petition of John J. Duggan requesting addi- tional street lighting in Knob.,Hill and Knob Hill Grove Subdivisions. Tbe area' has been investigated by ,the electrical department and it is tecoml1\èndedthat five 175 watt mereury vapor, 'fixtnres on the' developer's standards be in- stalled at the following ,1O<Jati<Jns: KllÓ'b,HiII'Drlve l;JOn' property line be'tween Lois '2 and 3, 'Block 4' ,2. Ori,propertYlinè between ,Lots 5' and 6, BlOck 4 3. On prapevty line- be.tweenLois 8Jand9, Bl<Jck4 Duggan Drive 4: 'At'tbe intersèctionof Fremont Avenue" and' Duggan Drive, , ' Blœk 2 ,5. ' On property line between Lots 3 and 4, Block 2 Your áp,pròval of these instálla- lions is requested.' , , ' , Gilbert D. Chavenelle ,City Manager, , ' , Councilman' Lundh moved that the communication be received and filèd ' and "l'eqnest be approved. Seconded by Mayor Justmanh. Car- ried by the following vote: Yeas-Mayor Jnstmann, Council- men Brady, Lundh, Stackis, Tboms. Nays-None. Jannary 9, 1975 Honorable Mayor and City Council . I am returning to you the peti- tion of Mr. and Mrs. Robert L. Morris and others regarding the lighting of a church parking lot in the KnOb Hill Subdivision,area. 1 fulve, not been successful in accompHsliing ,the request of ,the petitioners; however, it is my un- derstanding that when the church construction, contract has been completed and accepted, then three of .the ,exis,ting four lighis will be on lock-out switches. sO that three of the lights can be extinguished when desired. I have not been informed as to the exact time that this will be accomplished. I have brought ,this situation to the attention of Interstate Power Company and have arranged with them that they will check with OureleCtr!cal inspector even when lighting installations are being made on pr,ivate property. Gilbert D. Chavenel!e City Manager , Mayor Justmann moved that the communication be received and filed ,and referred to the City Man- ager, ~nd,'City,Planner fqrinvest;,. gati°'1: and,~eport., SecOl)de¡j by COUncilman Lundh. ,Carried by ,the following,vote: Yeas~MayorJustmann, Council- men Bi-ády,J,undh, Stackis, Thoms. Nays-None. Printed copies of 'Council ð'o- ceêdingsfor the months"i' Sep- tember ,.& Oçtober, ,1~4,presented for àpproi¡~l. 'Coúr\èilman Stácki$ moved that the Council Proceed- ings for, the ,months of Septem- ber .& October 1974 be apprqvèd as ,Printed.~ecoud<id ,by Mayor Justmann. Carried by the fallow- ing'vc>te: Yeas-Mayor Justm,mn, Council- men Brady, Lundh, Stackis, Thoms. Nays-Nq'1e, , Communication of Fischer Com- p,anies stating that the program for renov"ting the 4th Street are" is too brOad and prem"ture 'and ob- jecting to a propasedprivate road ,between the ,flqqd wall. and ,the ;'Old Stòragèplant which is pres- entlY used by trailer trucks load- ing and unloading, presented, and read. Mayor Justmann mòved that Ithe communicatlan be received and filed and a copy be sent to :the Dock Commission. Seconded by Councilman Stackis. Carriédby the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Staclds, Thoms. Nays-None. Communication of Mayor Just- mann advising the introduction of a, motion' that wOuld authorize him to, meet'with the,City Man- ager; Attorney' and Clerk with the abjectiveof streamlining the Conn- en agenda" presented and read. SpcciaI Session, January 13, 1975 Councilman Stackis maved that the communication be receh'ed and filed. Secanded by Cauncilman Brady. Carried by the following vote: Yeas-Mayar Justmann, Council- meu Brady, Lundh, Stackis, Thoms. Nays-None. Councilman Brady moved that the Mayor be authorized to pro- ced with further study and meet with City Managcr, Attorney and Clerk" Seconded by Councilman Lnndh.' Carried by the following vote: I Yeas-Mayor Justmann, Council- men Brady, Lnndh, Thoms. Nays~Cauncilman Stackis. Communication of Luis Moscoso filing' complaint to Council on pick-up of dog, presented and read, Mayor Justmann moved to sus. pend the rules to let anyane pres. ent address the Council if they so desire. Seconded by Council- man Brady. Carried by ythe follow- ing vote: Yeas-Mayor Jnstmann, Council men Brady, Lundh, Stackis, Thoms, Nays-Nane. Luis Moscoso addressed the Council objecting to the method used by Health Department on the removal of 'his dog. Councilman Lundh moved that the commnnication af Luis Mos- coso be received and filed. Second- ed by Mayor Justmann. Carried by the following votc: Yeas-Mayor Justmann, Connoil men Brady, Lundh, Stackis, ThOms. Nays~None. Notice of Claim of Mary E. Bar- rett, in an undetermined amount, for personal injnries received as the result of a hole in the street at 339 W. 7th Street on December 11, 1974, presented and read. Coun- cilman Brady moved that the no- tice of claim be referred to the City Solicitor for proper proceed- ings. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council. men Brady, Lundh, Stackis, Thams. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of time and place of hearing to vacate and dispose of interest in Lot A of East 28' of West 50' of West 100' of Lot 2 of M. L. 179 to Harold B. .& Dorothy Demkier, presented and read. No written objections were filed and no oral o'bjectors wae present in the Council Cham- her at the time set for the hear, ing. Councilman Thoms moved that the proof of publication be reo ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Jusimann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. ORDINANCE NO. 1.75 An ordinancevacallng a portion of Avoca Street locatecl west of West p'roperty line of the east 28' of the \Yl1st 50' of the West 100' of Lot 2 of Mineral Lot 179, in' the City of Dubuque, I,owa, ~aid Ordinance having been previous. Iy prese'nted a'nd read at the Council meeting of December 16, 1974, pre~ented fo'r fina,1 adop- tion. ORDINANCE NO. 1.75 AN ORDINANCE VACATING A POR- TION OP AVOCA STREET LOCATED WEST OF WEST PROPERTY LINE OP THE EAST 28' OF THE WEST ,a' OF THE WEST 10O' OF LOT 2 OF MIN~ ERAL LOT 179, IN THE CITY OF DUBUQUE. IOWA. WHEREAS, John 1. White, a p'o- f",ioml ,ngin.." hnd 'U'v'yo, and City Eugiu", of Duhuqu" Iowa, h.. e"'ified by pi" that th, horn, at 1975 N."h Gmdvi,w Av,nu, en'oath.. upon Avoca S"",: and WHEREAS; the City Couudl' ',"os- ni... and ,<knowledg.. that th, w""dy ""do, ,ide of tJ" "id dw,lling b, 'nd th, "me i, the 'pp,opd", w"'edy lot bonnd,y ¡¡ne',nd WHEREAS, th, City Engin", h.. p,,- p",d and ,ubmitted to th, City Coundl , piat ,howing "id ""et, toSeth" with th, E", 2S' of th, W"t '°' of the We" lao' of Lot 2 of Min",1 Lot 179, ,nd ..,igned , numb" themo 'nd which ,h,n be h""f", be known 'nd d..edbed .., Lot A of E", 28' of the W", '°' of th, We" lao' of Lot 2 of Mine,,¡ Lot 179, in ,he City of Dubuque, low,: 'nd WHEREAS, the City Coundi h.. detetmi..d that th, "id po"ion of ,aid ""et i, no long" "qui"d fo, public u"' 'nd the Phnnius and Zoning Com- mi"ion of the City of Dnbnqn" low" h.. 'PPtOv,d the V'Catron of "id Lot A of E", 28' of the W'" '°' of the W"t lao' of Lot 2 of Min",I Lot 179, in ,h, City of Dnbuqu" low,. NOW THEREFORE BE IT ORDAIN- ED BY THE cITy COUNCIL OF THE CITy OF DUBUQUE, IOWA, 17 18 Special Session, January 1$, 1975 SECTION 1. Th" the pI" o£ Lot A of the E," 2S' o£ th, We" 50' o£ the W"t 100' o£ Lot 2 o£ Mio",1 Lot 179, bm- iog d"e D"emb" 12, 1974, ..d p"- p",d by the City Eogioo" of the City of Dubuque, low" be aod the "me i, h",by 'pptoyed and the M'yot ,nd the City Clock be and they a" hmby auth- otiz,d and di"",d to mcu" the "me fot and on behalf o£ th, City of Du- buque, ¡ow,. SECTION 2. Th,t "id ",I """ d""ibed '" Lot A of the E"t 28' of th, We" 50' of th, W"t 100' of Lot 2 of Mine,,1 Lot 179, in the Gty o£ Du- buque, Iowa, be ,ud the "me i, hmby v"",ed. SECTION 3. Th,t the City CIOtk be and he is hmby authotiz,d and di"",d to cause notice o£ intent to di,pose of ,'¡d "ale"", to H"oId R. and DotOthy D,mkiOt, which "aI """ i, d",tibed in the p",g"ph h",inabove. SECTION 4. Th" ,ooveyanee o£ "id Lot A of the E"t 2S' of the W", SO' of the W"t 100' of Lot 2 of Mine,,1 Lot 179, in the City of Dubuque, Iowa, to H",Id R. ,nd DotOthy Demki" be ..d th, "me i, he"by ,pptOved. P"sed, apptOved and adopted thi' "h day of Jaou"y 1975. C. Rob"t Ju'tmann Mayot Jam" E. Rtady Alt.o T. Thom, Alvin E. Lundh Emil Sta,ki, Couodlmen ATTEST: Leo F. P"mmelt, City Clock Publi,hed offid,lly io the Teleg"ph H",!d New'pap" thi, 16th d,y o£ Januaty 1975. Leo P. F"mmelt City Clock It. 1-16 Councilman Thoms moved finai adop'ion of th~ Ordinance. Second- ed by Councilman Stackis. Carried by the following vote: Yens-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays~None. RESOLUTION NO. 11.75 WHEiRJEAS, pursuant to Resolu- tion to publish notice of time and place of hearing published in the Telegraph-Herald, a newspaper of generat circulation published in the City of Dubuque, Iowa, on the 19th day of December, 1974 and the 26th day of Decembe1', 1974,City Conneil of the City of Dubuque, Iowa, met an the 13th day of January, 1975, at 7:30 o'clock P.M. (Central Stand. ard Time) in Council Chamber at City Halt, Dubuque, Iowa, to con. sider proposal to dispose of interest of the City of Dubuque, Iowa, in real estate, hereinafter described lO Harold B. Demkier and Doro- thy DemI¡ier, husband and wife; and WHEREAS, the City Couneil of the City of Dubuque, Iowa, over- ruled any and all objections, oral or written, to the proposal to dis- pose of interest of the City of Du- buque in the hereinafter described real estate to Harold B. Demkier and Dorothy Demkier, hus!¡and and wife; , NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: ~ction 1: That the disposal of inlerest of the City of Dubuque, Iowa, in the following described rcal estate being a vacated portion of Avoca Street and descri'bed as: Lot A of East 28' of West 50' of the West 100' of Lot 2 of Mineral Lot 179 in the City of Dubuque, Iowa, to Harold B. Demkier and Dorothy Demkier, husband and wife, for the consideration of $5.00, be and the same is hereby approved. Sedion 2: That the City Clcrk be and he is hereby authorized and directed to deliver deed of con- veyance conveying the above de- scribed real estate to Harold B. Demkier and Dorothy Demkier, husband and wife, upon receipt of the eonsideration of $5.00, and other good and valuable consid- eration. S.ction 3: 1'hat the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolntion in the of- fice of the Dubuque County, Re- corder. Passed, approved and adopted this 13th day of January, 197'5. C. Robert Jnstmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F, Frommelt City Cierk Councilman Thoms moved adop" tion of the resolution, Seconded by ) Special Session, January 13, 1975 19 Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, LuJldh, Stackis, Thoms. Nays-None. Communication of Finley Hos- pital, by D. L. Hammer, attorney, requesting an opportunity to be heard at this meeting relative to a request for a revenue bond is- sue submitted December 30, 1974, presented and read. Dave Hammer and Tom Reed, Director of Finley Hospitai, ad- dresscd the Council relative to the communication, and submitted com- munications from Xavier Hospital and Mercy Medical Center support- ing proposal to obtain Industrial Revenue Bonds. Councilman Stack- is moved that the communication of Finley Hospital be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. ORDINANCE NO. 2.75 An Ordin.nce for approval of fee schedule when~ver and as offen as a,ny corporation shall reque'st th~ City to finance any project by the issuance of In- dustrial Revenue Bonds, present. eel and read. Councilman Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stack is, Thoms. Nays-None. Councilman Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried 'by the following vote: Yeas-Mayor Jnstmann, Council- men Brady, Lundh, Stackis, Thoms- Nays-None. ORDINANCE NO. 2-75 WHEREAS, in 1974, Hou", File 719 bc"me low which i, .. act "¡,,ing to the finandog of iodu"d,l aod ,gdcuI- tutal ptodu,ts includiog pollution conttol fadlid" by dti" 'nd connti,,: ,nd WHEREAS, pu"n..t th",to, ,nd by vi"n' th"'of, vadon, defined ptOje'" at, eligible fot ,onsidemion of i"nan" of Indn'tti,I Revenue Rood, by the City of Dnbu"ue, Iowa, 'mong othe,,: and WH£REAS, it i, ,u""",y ,nd fot the bt" int"'" of th, City of Dubuque, Du- buq., County, Iowa, that th"e bc pto- vided , nonrefundable depo,it to cov" p"liminoty CO", and expcnse, of the City in conn"tion with the ptO""iog of ,p- plications fot finaudng thtOugh i"uanee of Indu",ial Revenue Rond, of the City of Dubuque, Iowa, ,nd WHEREAS, it i, n"""ty fot the b"t int"", of the City of Dubuque, Iowa, to ptOvide fot a finandog fee to he p,id to th, gooetal fund of the City of Du- buque, Iowa, fOt its "",k ,nd re'pon- "bility io conomion with ",h i"ue of mch Indu",i,I R,venue Rond" ,nd WHEREAS. m,h finan,ing fee ,hall 'POly to all Iodn",ial Rovenne Rood, of the City of Dubuque, low" i"ued uod", pUt,u,nt to ,nd io ",otdanee with House File 719 'nd in a"otdanee with Chaptet 419 of thc 1973 Cod, of Iowa. NOW THEREFORE RE IT ORDAIN- ED RY THE CITY COUNCIL OF THE CITy OF DURUQUE, IOWA, SECTION 1, That whenevet, and" often as, ,ny ,otpomion ,hall "qu"t the City of Dubuque to fi..n" ,ny pto- ject by i,man" of its Iodu"dai Revenue Bond" ,u,b <equ", ,holl be "comp,nied by a noUtefuodabie depo,it io the ,mount of $3,500 to covet p"Iimin"y "pens" of th, City of Dubuque in its iove"iga- tion of the d"itabmty and f",ibmty of ,u,h fi..ndng. Su,h payment will be di,- butted by the City to cover such "pen", <eg"dI", if 'ny m,h finandog i, COm- ploted, but m,y be "paid" , ptoj", '0" ftom bood pto,eed, if ,nd when ",h bond, '" i"ued. SECTION 2, The C;ty of Dubuque ,hall ctmg, , ¡¡..neing fee to be d""mined by the City Cound! ",h time ,h, bond, '" i"u,d by it und" ,he pcovi,ions of thi, Otdin,n". F", " d""mined ,h,ll be not I", than $5,000 not .tOOtOt than ,he ,mount equ,I to $10.00 pOt $1,000 of bond, fot the ficst $1,000,000 of bood. "med, $5.00 pet $1,000 of bond, fOt th, nm $4,000,000 bond, issued, and $2.00 pOt $1,000 of bond, fot auy amounts i"ued in m", of $5,000,000. Th, max- imum ,llow,ble fee ,hould b, cakuI"d 00 tho pduoip'! amount of bond, "m,d at tach dmo the issuance nf 'u,h bond, by the City. The fee d"e"nined by th, City Coundl sh,ll be deemed to covet all of the ,mic" "ndOted by auy and ,11 offi"" ..d employe" of ,he City, and ,b,ll b, ,onsid"ed co be , ptOje" co" ",y,ble out of bond ptO,ted.. P"sed, 'ppooved 'nd adopted by the City Council on the 13th d,y of J,nuaty, 1975. ATTEST: Leo F. F,nmmelt Ci'y Clerk C. Robert Ju"m,oo M>yot Alvin E. Lundh Emil S"cki, Jam" E. B"dy Allan T' Thom, Coun,tlmeo 20 Special Session, January 13, 1975 PubIi,hed o¡¡i,i,lly in the Tcle,"ph H",ld New,p'p" thi, 16m d,y of -"nu"y 1971. Leo P. P,ommelt City C¡"k It. 1-16. Councilman Thoms moved final adoption of the Ordinance. Sec- onded by Councilman Stackis. Carried by the. following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. NaY3-None. RESOLUTION NO. 12-75 WHEREAS, the City of Dubuque, Iowa, and its City Council has been advised that applications wili be filed by various organizations for the City to issue Industrial Rev- enue Bonds in accordance with and pursuant to Chapter 419 of the 1973 Codeof Iowa as amended hy House File 719 which was ap- proved on June 3, 1974; and WHEREAS, such applieations petition the City of Dubuque, Iowa, to iS3ue Industrial Revenue Bonds, which are proposed to be issued in the name of the City of Dubuque, Iowa; and WHEREAS, it is necessary and advisable that the City of Dubuque, Iowa, engage a financial consultant to assist the City in evaluating and considering said applications for the issuance of Industrial Rev- enue Bonds hy the respective ap- plicants: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the, City of Du- buque does hereby engage the serv- ices of Paut D. Speer & Associates, Inc., municipat finance consultants, in connection with services to he rendered to the City as such fin- ancial consultants in connection with applications for the proposed issuance of Industrial Revenue Bonds and that said terms of em- ployment shall be in accord with the Letter of Agreement, dated Jan- uary 6, 1975, wherein said Paul D. Speer & Associates, Inc. outlines the terms of the employment, the extent of its fees, and the manner of payment thereof, which Letter of Agreement is hereby approved and the City Manager be and is hereby authorized and directed to execute same for and on behalf of the City of Dubuque, Iowa. Section 2: That the payment of tho fees to the said Paul D. Speer & Associates, Inc., in connection with financial consulting services relating to the issuance of Indus- trial Revenue Bonds be paid from the proceeds of deposits required by the City of Dubuque, Iowa, from the applicants as outlined and con- tained in the ordinance No. 2-75, passed and adopted and approved on the 13th day of January, 1975, and that the said Paul D. Speer & Associates, Inc. shall only be direct- ed to proceed in accordance with the terms of the Letter of Agree- ment in connection with any fi- nancial consulting services as re- lates to a proposed issue of Indus- trial Revenue Bonds only, and on condition, that such deposits have been made by such respective ap. plicant with the City of Dnbuque. Passed, adopted and approved this 13th day of January, -1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackls James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommeit City Clerk Councilman Stackis moved adop- tion of the resolution and the City Manager be authorized to execute memorandum agreement. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Petition of American Legion Auxiliary requesting permission to sell poppies on May 23rd and 24th, presented and read. Councilman Lundh moved that the petition be received and filed and referred to the City Manager for ratification. Seconded hy Councilman Stackis. Carried by the foilowing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Petition of Councilman Lundh re- questing status position of Com- mnnity Development Funds and re- qnesting a date for a workshop on the subject, presented and' read. Special Session, January 13, 1975 Councilman Stackis moved that the petition be received and filed. Sec- onded by Councilman Lundh. Car- riedby the following vote: Yeas-Mayor ,Tustmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Lor- as & Leta Beadle to consider the City Manager's report of the de- lapidated buildings located on White and East 11th Streets, pre- sented and read. No written objec- tions were filed and no oral ob- jectors were present in the Coun- cil Chamber at the time set for the hearing. Councilman Thoms moved that the proof of publication be received and filed. Seconded by Mayor Justmann. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 13.75 WHEREA;S the City Manager has reported to the City Council that the buildings and premises located on City Lot 338, City of Dnbuque, Iowa, except the concrete block bnilding on southwest corner of City Lot 333, Dubuque County, Iowa, are dangerous to life and heaith because of their condition and that demand has been made by him upon Loras and Leta A. Beadle, 1635 Finley Street, Du- buqne, Iowa, as owners of said property, that the conditions com- plained of be corrected and that said owners have failed to correct the conditions within the time pro- videdby the notice; and, WHEREAS on December 23, 1974, the City Council set said re- port down for hearing at 7:30 o'clock P.M. Central Standard Time January 13, 1975, in the City Council Chamber in the City Hall in the City of Dubuque,DUbuque County, Iowa, and directed the City Clerk to give notice of said hearing; and WHEREA;S it appears by return of service now on file in the rec- ords of the City Council that no- tice of said hearing was given by serving by Certified Mail on De, cember 27, 1974, and by publica- tion in the Telegraph-Herald news- Paper on December 30, 1974, and, 21 WHEREAS pursuant to said no- ticeon order of the City Council a public hearing was held at 7:30 o'clock P.M, Central Standard Time on Jannary 18, 1975, in the City Council Chamber in the City Hall in the City of Dubuqne, Dnbuque County, Iowa, at which time the owners of the above described real estate were afforded an opportun- ity to be heard and witnesses eon- cerning the condition of the prop- erty and the hazard were heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the premises and has reached its determination. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structures known as 1085, 1091, 1095 White Street and 56, 72 and 74 East Eleventh Street, City Lot 338, City of Dubuque, Dubuque County, Iowa, be and the same are Ijereby found and declared to be dan"er- ous ,to life, health and property ànd a nuisance; , Section 2. That the City Man- ager 'be and he is hereby authorized and directed to cause the strue- tures known as 1085, 1091, 1095 White Street and 56, 72 and 74 East Eleventh Street, City Lot 338, City of Duhnque, Dubuque County, Iowa, to be dismantled and, re- moved. The concrete block bnild- ing on the southwest corner 'of City Lot 338, City of Dubuque, Iowa, is exempt from this Reso- lution. Section 3. That upon completion of said work, the City Manager shall certify' the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from, the City Manager, the City Clerk shall thereupon certify said eostto the County Auditor of Dubuque Coun- ty, Iowa, and it shall be 'colleèted with' and' in the same manner as gcneral property taxes. . . Section 5. That the City Clerk be and is hereby directed to re- cord a certified copy of this Reso- Jution in the office, of the County Recorder o~ Dubuque Connty, Iowa. 22 Sp¡,cial Session, Janual'Y 18, 1975 PilSSèd, adopt~û and approved this 13th day of January, 1975. C. Robert Justmann Mayor Alvin E. LuJldb Emil Stackis James E. Brady Allan T. Thoms COuncilmen Attest: LeO F. Frommelt City Clerk Councilman Thoms moved adop. tion of the resolution. Seconded by Mayor Justmahn. Carried by fol- lOwing vote: Yèag-.-Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 14-75 WHEREAS, applications fOr Li- quor Licenses have been submitted to thi~ Contlcil fat approval and the same have been examined, NOW THEREFoŒlE ,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 èOmpliance with the provisions of Chapter 13;1, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICEN5E 'l'hömM Andresen, Avenue Tap, 1()80 University Avenue Passed, adopted and approved this 13th day of January 1975. C. Œlobert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City cterk Counciiman Thoms moved adop. tion or the resolution. Seconded by Councilman Brady. Carried by the f{)llowing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, 'rh{)ms. Nays-None. RI!;SOLU'rION NO. 15-75 WIÍ:E)REAS, àpplications for Li- qtlbr Licenses were iiled by the Within named ~pt>licants and they have received the approval Of this Council, and WHEREAS, the premiSes to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager ,be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICI;NSE Thomas Andresen, Avenue Tap, 1080 University AVénUe PM.ed, adopted atld approved this day of January 1975. C.Robett Justmann Mayor Alviu E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop. tion of the resolution. Seconded by Conncilman Brady. Carried -by the following vote: Yeas-Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays~None. As 9:20 P.M. Councilman Stackis moved to go into Executive Ses- sion to discuss appointments to various Boards and Commissions. Seconded by Mayor Justmann. Car. ried by the following vote: Yeas- Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays-None. Council reconvened in regular session at 11:28 P.M. Mayor Justmann announced the following app{)intments: Robyn Slattery and Dave Berger reap. pointed to the Youth Services and Diann Fikany, Robert Guzzle, Lar- ry Cremer and JoAnn Bellucci ap- þointed as new members, all for a one year term; and Doretha Smith and Tbomas Tully reappointed to the Human Rights COmmission and Verotlica Hansen appoifited M a neW member, all lOr thrl!e year tows èXpiring Jänuary 1, 1978. Counciiman Stackis movedràtificlt- Special Sß~si<;>n, JUI1URry 13, ¡¡¡7$ ti~¡¡Oft,bØ.PP,O¡¡¡,t,m, e¡¡ts.s,e,c,o,n,d~dl by CouncilmRn RN<!Y, Carrig\! 'by the following votc: Yeas~Mayor Justman¡¡, Council. men Brady, Lundh, Stackis, Thoms. Nays-None. Councilman Brady moved that recommendations relative to the J:!«ilding Department be adopted in tbe form of a resolution. Seconded by Councilman Thoms. Carried by tbe following vOle: ¥eas~Mayor Jnstman¡¡, Council- men Brady, Lundh, Staekis, Thoms. Nayg-.-None. Therø being no further business, Co41!ci)ma!\ Thoms moved that the meeti¡¡g be adjourned until 7:30 I'.M. on January H, 1975, in tbe Council Chambers. Seconded by Mayor Justmann. Carried by the fo!lowing vote: Yeas~Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. I Nays-None, Leo F. Frommelt City Clerk 23 4pproved .....................".............1975. Adopted "'"""""........................,1975. """"""""""""""""""M;~~~"""""'" ............................................................ """""""""""""""""""""""""""""" """.........."................................,......... .....................................,...........,.......... Counciimen Attest: """"""""""""""""""'"""""", City Clerk 24 Adjourned Special Session, January 14, 1975 CITY COUNCIL OFFICIAL Acljournecl Special Session, Janu. a'ry 14, 1975. Council Met at 7:30 P.M. (C.S.T.). Present-Mayor Justmann, Coun. cilmen Bracly, Lundh, Stackis, Thoms. City Manager Gilbert D. Chavanelle. Mayor Justmann read the call and stated that service thereof had been duly made and this is AN ADJOURNED SPECIAL MEETING OF JANUARY 13, 1975, CALLED FOR l'HE PURPOSE OF CON- S1DERING STATUS OF WAGE NEGOTIATWNS FOR CITY EM- PLOYEES and acting upon such other business as may properly come ,before a regular meeting of the Council. January 14, 1975 Honorable Mayor and City Council My office has been negotiating with the various employee group organizations in an attempt to reach a mntual agreement on the wage and benefit package for the period January 1, 1975 through June 30, 1976. The settlement that has been reached between the employee group organizations and my office has 'been ratified by the majority of the group organizations. There. fore, I am recommending that the proposed wage and henefit pro- gram be adopted by the City Coun- cil and made effective January 1, 1975. I would request your adoption of the attached Resolution. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by tbe following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 16.75 WHEREJAS, the City of Dubuque, Iowa, throngh its City Manager's Office, has been negotiating agree- ments relating to wage and bene- fit programs with various em- ployee gronp organizations and employee gronps: and WHEREAS, the parties have reached agreement on varions wage and bencfit programs to 'be effec- live for the period January 1, 1975 through June 30, 1976 as stipulated in the manual identified as the City of Dubuque, January 1, 1975 - June 30, 1976, Wage and Salary ptan; and WHEREAS, it is desirous that the City Manager be given author- icy by the City Conncil to place in,effect this proposed wage and saiary plan. NO'W, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF mE CITY OF DUBUQUE, lOW A, as follo,ws: 1) that the City Manager be anthorized to imple- ment the proposed wage and sal- ary plan and employee benefits for the period January 1, 1915 through June< 30, 197,6; 2) that the City Manager be authorized to execute Memoranda of Agreements relat- ing to the plan with various em- ployee group organizations; and 3) that the City Manager be authoriz- ed to recommend adjustments to the, pay plan during the period January 1; 1975' through June 30, 1976 as may be deemed necessary for the effective operation of the City of Dubuque; , Passed, adopted and approved this 14th day of January, 1975. , 'C. 'Robert Justmann Mayor Alvin E. Lundh James E. Brady Allan T.'Thoms Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded 'by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Thoms. Nays - Councilman Stackis. Councilman Stackis moved that Personnel Manager, Walter Bockes, be instructed to keep on negotiat- ing with the union that did not agree to contract, if so requested. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackl" Thoms. Nays - None. Adjou,nied Special Session, January 14, 1975 ConncilmanStackis moved to sus- pend the rules to let anyone prcs- cnt address the Council if they so desire. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Mr. Owcn Riley, business agent for the General Drivers Unionob- jected after the vote on the resolu. tion by stating that it is wrong that the Council did not allow comment from the labor unions prior to ap- proving the contract. Mr. William. Sweeney, 'business agent for the Operating Engineers staced that .the contr,act was rati- fied conditionally, and they would bave to honor rejection of con,tfaot.. Mayor Justmann moved to re- impose, the rules., SecOndedl>y Councilman Thoms. Carried by the followiJ~gvote: Yeas -. Mayor Justmann, Coun- cilmen Brady" ;Lnndh, Stackis, Thoms. Nays - None. COUNCIL RECESSED AT 8:55P.M. RECONVENED AT 9:00 P.M. Councilman Lundh moved to sus- pend the rules to let anyone pres- ent address the Council if they so desire. Seconded by Mayor Just- mann. Carried ,by the follOwing vote: . Yeas - Mayor Justmann, Conn- cilmen Brady; Lundh, Stackis, Thoms. Nays - None. Dave Clemens, Chairman of Ad- visory Committee, addressed the Council reporting on various pro- posals to house City Government. At 10:14 P.M. Councilman Brady moved to go into Executive SesSion to discuss matters relating to ac- quiring real estate for housing City GOvernment and Personnel mat- ters. 25 Council reconvened in regular session at 10:48 P.M. They stated matters were discussed relating to possible acquisition of properties for housing City Government. Conncilman Thoms moved that Council and Staff again meet to review Medical Associates building potential and also review potential use of parking lot. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. There being no further 'business, Councilman Thoms moved that the meeting be adjourned. Seconded by, Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, COun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None., Leo F. Frommelt City Clerk Approved' ....................................1975. Adopted ......................................1975. """"""""""""""""""""'Må;;ör"""" ...................................................................,.............. .................................................................................. """"""""""""""""""""""ëöüïïëiiñï;;ñ"""'" Attest: .'................................................ City Clerk 26 Special Session, January 20, 1975 CITY COUN(,IL OFFICIAL Sp«ial Session, January 20, 1975. Cou'n,cil met at 7:30 P./-ð. (C.~.T.) Pre"nt"-MayorJustman,n, Coun- cilmen Brady, Lundh, ,Stackis, Thoms. City Man,ager Gilbe'rt D. Chavenelle. Mayor Justmann read the,'call and stated that service thereof ,had been duly made and this meeting is called for the PURPOSE OF, CON. DUCTING A PUBLIC HEARING ON AN ORDINANCE REVISING AND RE-ESTABLISHING A BUILD- ING CODE FOR THE CITY '!l1ld acting upon such other businesS as may 'properly come before a regu- lar meeting of the Council. , Notioeof Claim of Mrs. Oswald J. Holz, in an undetermined amount, for personal injuries re- ceived in a fall in the alley behind J. C. Penney Co., on January 10, 1975, preseneed ,and read. Council- man Thoms moved that the Notice of Claim be referred to the City Solicitor for proper proceeØings. Seconded 'by Mayor Ju3tmann. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Notice of Claim of Mrs. Ralph Brockman, in an undetermined amount, for personal injuries re- ceived in a fall at 1835 W. 8rd Street dne to an icy condition on January 14, 1975, presented and read. Councilman Thoms moved that the Notice of Claim be re- ferred to the City Solicitor for proper proceedings. Seconded by Mayor ,justmann, Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Proof of Publication, certified to by the publisher, of Notice of Pub- lic Hearing on an Ordinance, re- establishing a Building Code, Fire Prevention Code, Creating and es- tablishing Fire Zones, Regulation and maintaining, repairing, servic- ing, instaliing, altering and inspec- tion of signs, presented and read. Councilman Thoms moved that thc proof of publication be re- cdved and fiied. Seconded, by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays.--None. Communication of Dubuque Building Trades Employers Assn. seeking information on certain as- pects of the proposed code along with suggestions for improvcment of the proposed building code, pre- sented and read. Conncilman Thoms moved that the communi- cation be received and fiied; Sec- onded by Conncitman Lundh. Car. ried by the following vote: Yeas '- Mayor Justmann, Coun. eilmen Brady, Lundh, Stackis, Thoms. Naysc,..None. 'Councilman Shckis nJOved to suspend the rules to let anyone present address the Council if they so de3ire. Seconded by Coun- cilman Lundh. Carried by the fol' lowing vote: , Yeas-Mayor Justmann, Coùncil- men Brady, Lnndh, Stackis, Thoms. Nays-None. David Willy, George Deininger, and Paul Rossiter addressed the Council as all betng in favor of adoption of the propose(l Building Code Ordinance. ORDINANCE NO. 3-75 An Orcllnance Revising and Re- establishing a Builcling Code for the City of Dubuque, Iowa, Cre. ating the Office of Builcling Of. ficial, Regulating the Construc. tion, Alteration; Reconstruction, Removal, Mainte'nance, Use, Equipment and Inspection of BuHclings ancl Structures with- in the City of Dubuque,lowa; ancl Fixing Fees for Such In. spection ancl Providing for Pen. alties for Violati,on of Said Ordi- nance. Said Ordinance having been pre- viously presented and read at the Council meeting of December ,16, 1974, presentcd for final ado¡>tion. ORDINANCE NO. 3.7S An Ordin,n" "vi,ing ,nd "-",,b- li'¡,;ng , Building Cod, for m, City of Dubuqu" low" err"ing rb, offi" of Building Offici,l, "gubting th, <on"rue- tion, ,lte"tion, "eonmuction, "mov,l, Special Session, January 20, 1915 ""i""n,nc" m" 'quipm,nt ,nd imp,,- tion of bnllding. ,.d muCt"", within ,he Ci,y of Dubnque, low,; ,ud fixing £0" fM ,",h i"'p"don ,nd pwviding fo, pen,lti" for viobtion of "id Ordin,nce, NOW, THEREFORE, BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; SECTION 1. Th" the Unifo,m Bnild- ing Code, 1973 Edition, 'be ,dopted; Except" b"o1u,fter ,dded to, dd"ed, ",odified or ,m,uded, ,here 1< h",by ,dopied " me Buildiug Code of the City of Dubnqne, low" th" co"';n Bnilding dodo known ", ,he UnifM'" Bnildin, Code, 1973 Edidon, ,nd the Uniform Building Code St;md"d., 1973 Edidon, " p"p"ed 'nd edited by ,he Inte"",ion,I Couf"en" of Buildiug Offiei,b of Whit- riOt, C,lifo"'i" 'nd the provi"on, of "iè Building Code dull b, eontwIling in th, "nmuction of building, 'nd other "rue- '"'" ,nd in ,Il mm", covered by "id Building Code wiehin the CMpo"te Limi" ohhe Ci,y of Dubuque, low" ,nd ,h,1l be known" ,h, Dubuqne Building Code, SECTION 2. Th" ,he O,di.,n" here- in ,dopted .h,1l be publi.hed in book form. SECTION 3. The Dnbuque Building Code i, bereby ""ended by "p"ling Section 201 of ,he Uniform Building Code, ¡973 Edition, 'nd "pbcing "id Smion with new S"tion in lieu ,hereof" follow" Soc. 'P¡ (,) Gmtion of Departm<nt. The" i, hereby ""bIi,hed in ,he Ciey of Dubuqne, low" ,he Building Dep"'m,n, which .h,1l be nnder ,he ¡nd,diction of ,h, Building Offici,!. (b) Qu,lIfic,tiou, of the BuiUlug Offid,l. The Building Offici,I mu" be, p'rron comp"'nt to CO"y out ,I" in<cnt 'nd purpo" of th¡, Cod,. (c) Appointm,nt of Builâing Of/id,l 'nd A"i,ten". At mon " p".ible ,fter ,he ,dop,ion of ,hi, O,di.,n" 'nd befo" ,he "me ,h,1l "ke effect, th, City M,n- 'ger of ,he Ci,y of Dubuque ,h,1l 'ppoint , eompetene pmon to fill th, offi" of Building O/fic/,!. Thi, pe"ou .h,1l hold the office of Bnilding Offici,1 dndng ,h, pI""", of ,h, Ci,y M,n'g" or nndl hi. tu""mr 1", boon "lected 'nd qu,lified. The City M,n'g" .h,1l ,bo 'ecure 'nd 'ppoint ",lIici,nt 'nd eo"'pet"" ",i,- "n" '0 ,id m, Bnilding Offici,1 in eh, p,eform,n" of hi. duti". (d) Org,nlzetion. The Ci,y Council .h,1l provid, ,I" Building Offici,1 wi,h the n"""" number of ",imn", in- ,p"tot, ,nd otb" employ", " ,h,1l be ne"""y for the ,d",ini""tion of mi, Cod,. (,) No offiei,¡ or "nploy" eonn"ted witb ,he dep"'m"" of bnilding in,poc- don .h,1l b, eng'ged in or direcdy "' indireedy connected wim ,he furni,hing of,bbM, m",,¡'I, or 'ppIi,n", for ,h, con"ructron, ,It",don or m';.tenon" of 27 ,building, 0' the ptep'mion of ph", or of,pec/fie"io", thmfo" unl", hei. ,he owner of the building, nor ,h,1l ",eh officer M employ" ong'ge in ,ny wo,k whi,h eonfli", wieh hi, offici,l dud" or conflict wi,h ,he inter"" of ,he dep"t- m,n', SECTION 4. The Dubuqne Bnilding Code i, hereby "uended by tep"ling Section 202 of the Unifor", Building Code, 1973 Edidon, 'nd tepbcing "id Section with, new Section in li,u ,hereof " follow", Soc. 2P2 (,) Pow", ,ndiDuties of B,Ûlding Offidd. Th, Building Offiei,1 i, hteeby ,urhodzed ,nd ditected to en- fore, ,Il ,he prcvi,ion, of ,hi, Code, For 'nch pn,po" he ,h'¡l h,ve th, powm of , polic, officer. (b) Depnt"'- In ,ccordance with ,he prccedn" 'nd whh the ,pprcv,1 of ,h, ehie, 'ppointing ,",hodey ohhe munici- p,li,y, th, Building Offichl m,y appoint ,neh number of officer" i",p",or' ,nd ",i,t,n", ,nd other ,mploy", " ,hall be aumodzed frc", ,ime to ,im,. He ""y d'putizo ,oeh employ", " m,y b, nee,,- my to "try ou' the fnnction' of ,he IMlding Dep"'m,nt. (c) Repnrt, ",d R.ecnrd,. An offici,¡ teMd ,h,1l be kept of ,11 bu,ine" 'nd "tiviti" of ,h, Building D'p"'men, 'p"ified in the provi,io", of thi, Code, .nH ,Il 'ueh record, .h,1l be open to public in'p,ction. The Bnilding Offici,l '¡uII krep com- p"I"",iv, r""d. of ,pplie"ion., pet- mi" i"ued, certifie"" i"ued, i.,peetion, ""de, "por" rendteed 'nd of noti". or ord", i"ued. All rueh "cord. ,h,1l b, open to public i"'peetion for good 'nd ,ufficiene re"o.. " office hou" ob"md by the City, but ,h,1l no' be "",oved fro", th, office of ,he Building Offici,!. The Building Offici,I ,h,II make writ- ten repor" to the City M,n'get ontO "ch month. or of"uet if reque",d, inclnding """mn" of petmi" ,nd emifi"", "ru,d. (d) Right of Ente}. When,ver nee,,- "ry to m,k, ,n i"'p"don .to enforce 'ny of ,he prcvi,io", of ,hi. Code, M wh",- ever ,h, Building Offici,1 or hi, ,urbor- ized "p""n"'ive h" ""on,ble "u" eo beli,ve th" tl,ete exi." in 'ny build- ing or upon 'ny p"mi"" 'ny condition which m,k" meh building or pr"ni". "",,fe " ddined in S,ction 2P3 of ,hi, Code, ,he Building Offici,1 0' hi, ,um- odzed rep",en"'ive m,y entet meh build- ing or p"",i", " ,Il r,",on,ble tim" to in.pee, the "me or eo petform ,ny dney impo"d upo" ,he Building Offici,l by ,I,i, Code: prcvidod ,h" if mch building or p"mi", be occupied, h, 'h,1l fim p,,- ".t prcper ctedenti,l> ,nd demand entry; and if .uch bnilding or pre",i", be un- occupied, 1" .h,1l fim m,ke , re"ombl, effore eo loc", ,he owner or other pet- 28 Special Session, January 20, 1975 ,on. hOYing ch"ge or oontrol of the huilding or p"mi.., ,nd denund entry. II .uch entry i, "fu..d, the BuildiuS OHici,1 or hi. ,uthorizod "pr..en"ti.. ,h,ll hm rocou,", to mry "medy pro- vided by I,w to "cu," entry. "Authoriz,d Rept..'n"tiv," ,lull in- dud, th, oHicm n,med in S,ction 202 (,) ,nd (b) of thi. Cod,. No own" or occup,nt or ,uy oth" p".,n h,ving ch"g" c'" or control of ,ny bnilding or p"mi", ,h,ll "fu.., f,il or n'gl""t, ,f"r prop" dem,nd i. m,d, " hmin provid,d, ro promptly p"- mit 'ntry th",in by th, Bnilding Offici,1 or hi. ,uthotiz,d "pr..,ntoti.. for the purpo.. of i"p,ction ,nd ",min,tion pu"n,nt to thi. Cod,. Any pmon viol,,- ing thi, Sub..ction ,h,ll b, guilty of , mi,d,m..not. (e) Slop Oden. Wh,nmr 'ny bnild- ing work it being done cont",y to the provi.io.. of thi. Code, th, Building OHici,1 m'y ord" tbe work Stopped by giving notiee in wtiting mved on 'ny perrom eng'ged in the doing or c,u.ing ,uch work ro be done, ,nd 'ny 'uch p".,n, .h,ll forthwith StOp .uch work nntil ,uthorized by the Building OHici,1 ro proceed with th, work. (f) Occupancy Violation'. Wheumr ,uy muctu" i, beiug u..d cont"'y to the provi.ion, of rhi, Code, the Building OHici,1 moy ord" ,uch u.. di.continued ,nd the "ructu", or portion rhmof, voc"ed hy notice ..rvcd on 'ny p".,n cou,ing ouch u.. to be continued. Such perron ,h,ll di,continue the u.. within ton (1O) d,y' ,f"r receipt of ,uch notice or m,ke the "ructu", or portion rhmof, comply with the requi"m'n" of thi, Code; provided, howmr, th" in rh, event of ,n un..fe building S,ction 2°' ,h,ll ,pply. (g) Liability. The Building Offici,1 or ,ny employee ch"g,d with the 'nforc,- ment of rhi, Code for the City, ",ting in good f,;th ,nd without m,lic, in the ditch"ge of hi. duti.., ,holl not thmhy heeome Ii,hle pe"on,lly ,nd he i, he"by "limd from ,11 p",on'¡ Ii,bility for ,ny d,m,ge tb" moy ,cc,"e to perron, or property " , r..ult of ,ny ,ct requi"d or by r",on of 'ny "'t or omi..ion in tb, di,ch"g, of bi, duti". Any 'uir brought ,g,in" the Building OHic;,1 or ,mployee, be"..e of ,uch "'t or omi..ion p<rformed by him in the enforcemenr of ,ny provi,ion, of thi, Code, ,b,ll be defended by the leg'¡ d'p'rtment of the City until fin,1 "rmin,tion of the pro- ceeding.. (h) Coop"alion of Olb" Official,. The Building OHici,1 m,y "qu""', ,nd ,b,ll "eeive '0 f" " riuy be nee"..ry in the di"h"ge of hi. duti", the ",i,,- ,nee ,ud coope",iou of oth" offici,' of the City. SECTION ~. Th, Dubuque Buildiug Code i, h"ehy ,mend,d by r"Pe'¡iug Sectiou 2°' of the Uuifonn ,Building Code, 1973 Edition, ,nd "pI.cing ..id Soetion with, new S,ction in Ii,u the"of " follow" S"". 2°' Umafe Building'. All huilding. or """"ur,, whith "e "ructutolly un- saf, or not provided with ,dequ", eg"", or whith con,dm" , fi" homd, or '" othorw;,e d,ng"ou, ro humon life, or which in "I"ion to oxi"ing u.. comtitu" , hmrd to ..fory or heolth, or puhlic welf..., by ""on of in,dequ"e m,;n- ren,nee, dil'pid"ion, obool"cen«, fi" h,""d, di""" dom,ge, or ,b,ndonment, " 'p,cifi,d in thi, Cod, or 'ny orher eff'edv, ordin,nce, ..., for the purpo.. of thi, Section, un..fe building'. All ,uch un..fe building, '" hereby deeI."d ro be public nuisanc" ond ,h,ll be ,b",d by repoir, "b,bili"tion, demolition or ,,- movol in "cord..ee with the procedure 'peeified in Ordin,ncc No. '>->2 or by 'ny procedur" provided by I.w. SECTION 6. The Dubuque Building Code i, he"by ,mended by "p..ling Section '204 of the Uniform Building Code, 197' Edition, ,nd "pI.cing ..id Section with, uew Seerion in lieu thereof " follow" See. 204 Bo"d of Appeal,. In ordor ro der"mine the ,ui"bility of ,Itern"e m"or;,it 'nd method, of construction, ro provide for re"on,ble inrerpre"tiou, of the provi,ion, of thi. Code, 'nd ro h... the ,uthodty to gtonr 0 v"i"ion from the requi"men" of thi, Code in 'pecific individu,l c,.., where the "dct in",- p""tion of rhi, Code wonld c,u.. undue h"d.hip 0' proodc,1 difficulry 'nd the g"nting of .uch vori"iou would not in- cr"re rhe h,zord. to life or property, there .h,1I be ,nd i, hoceby ""'ed, Bo"d of App,,¡', con,i"ing of five memb", who 0" quolified by oxp"ien" 'nd re,iniug ro pot, upon m"te" p"- coining to building co",reuction. The Bnilding Officio! oh,1I be ,n ex-officio memb" ond ,h,1I oct " Setr""y of the Bo"d. The Boord of Appeol, .h,1I be 'ppoint- ed by the City Council. Thee. memberr of rho Boord ,hall rem the rem,indoc of , two ym rerm to expi" on Decem- bet 31, 1971, 'nd the other two memberr of rho Bo"d ,holl rem the rem,indor of , two yeor rerm to expi" un Deeem- bot 'I, 1976, or until thei, 'Uet",o" "e duly 'ppoinred ond qu,lified. All ,ue- ceo.ive 'ppointmen" ,h,1I be for two ye" rerm.. The Bo"d ,h,1I odopt "'- ,on,ble rul" 'nd regul"ion. for con- dueting ito inv"tig"ion, ,nd ,h,1I "nd" ,II deei,ion, ond findings in wdting to the Building Offiei,1 with, duplic"e copy to the ,ppelI.nt ,nd m,y "com- mend ro the City Council 'uch new legid"ion .. i, co..i,rent herewith. SECTION 7. The Duhuqne Building Code it hereby ,mended by rep"ling Seetion 201 of the UnUo,m Building Special Session, January 20, 1975 Codeil973 Edition, ond "'PI,eing ..id Section with, new Sectiou iŒ lieu there- of .. follow" 'See: 201 Violatiom dnd Pe.,IIi',;' It .boll b, unl,wful fot 'ny ¡J,,¡on, firm 0' 'orpototion to erect, con",uct;' enI"ge, ,Iter, rep,ir, move,' improve, convert, d,moli,h, ,quip, U", occupy, or m,in- "in "'y building or "'ucture in rhêCity, be ""te the ..me ro be done, cont"'" to or in vioI.tion of 'ny of the p,ov;,!on. of rho Code. Any' p",on, firm, or corpo",ion viol"ing 'ny of the provi,ion. of thi. cdde' 'b,1I be doomed guilty of , mi,- d,m"nor, ..d "ch ,uch p",on, .h,1I b, doem,d guilty of , rep",re offen.. fd, e"h imd mry d,y dudng which 'ny vioI"ion of ,ny of the provi.ion. ohhi. Code¡. commirred, 'ondnued, or per- mitted, 'nd upon conviction of 'ny 'ueh vidlatiori, 'uch p",on,h,1I be pun;,h,ble by, fine of not ìe" th,u $10.00 nor roo," tb'ri $100.00 0' by ¡mpd,onment not exceeding thirry (30) d,y,. SECTION 8. The Dubuque Building Code i, hereby omended by rep"lins See- tion '°1 of the Uniform Building Code, 197,'Edidon, ond upd"ing ..id Section with, new SectiOn in li,u thoc..f " 'follow" Chapter 3 PERMITS AND INSPECTIONS A,ppli",ion for Pormit" Sec. 301 (,) Permitt R.equl"d. No pe"on, firm, or co'pn"rion ,h,ll erect, conmuct, enbrge, ,Irer, rep,ir, move, improve, remove, cOUVert, or demoli,h 'nY building or "ruetu" in tbe Ciry, or oru.. the ..me to be done, without fim ob"ining , reN"re building permit for eoch ,uch building or "ruCtu" from tbe Building OHici,1. Applic"ion for permico m,y be m,d, by the ownor' or le...e, 0' ,.,nt of eith", Ot rho ",hirecr, engin.or 0' builder ,mploy,d in connection with the propored work. (b)' Applicalion. To obtoin , permit the,ppli"ne ,h,ll fir,e file ,n ,ppli- c,tion therefor in writing on , form furni,hed fo, th" purpore. Every ,uch 'pplimion .h,lI, 1. Sme the n'me of the property owner; 6. S"te the volu"ion of tbe propo..d work; 7. B, .igned by the permitre., or hi, ...hod"d 'gent, who m,y be re- qui"d ro ,ubmit evidence ro indi- cote 'uch ,uthodty; 8. Give ,ucb oth" info'm"ion " "'- .onobly m,y be requi"d by rhe Building Officiol. (c) Plant andSpedfication., With "ch 'pplic"io" -fo, , ,.building 'p"mi, 'nd when requ¡"d by the Building Offici'¡ for enforcement of any provi,ion, of thit Code, ewo re" ofpl,m and 'peeificotion, dull be .ubmitred: All pI'""nd .pecifi- c"ion, ,h,1I be ,,'¡ed 0' ,romped by , regi.te"d prof",iou,1 "chi teet or "gi.- tered profe..ion,¡ engineer, exCept build- ing in the following cI..,ific,tion.. (I) Single or two f,mily dwelling, 'nd "'oci,ted """o,y building,. (2) APOrtment buildingo u"d exdu- ¡¡vely'" ,he ,..idenee of not more thou two famili". (3) Factod", offic", g"'g", W"e- hou.. ,nd morc,ntile buildhig. con- coining I,.. rhan 10,000 cubic feer volume, providing they h,ve no floor or roof 'pans g"irer thou 30 fret 'nd ere noe more th,n two "od" high. ' '. (4) AI"",ion, to 0' remodeling of building, , 0' ,"ructur" where no port of 'be b"ic "'UCtU" i. di,- turbed 0' altered. (d) Infoematlon on Pia., and SP"I- ficatlom. Pbn. ,nd 'pecific"ion. ,h,1I be d"wn ro,",le upon ,ub",nt;,1 P'pet or doth and ,h,1I be of .ufficient d"ity ro indic"e the n"ure 'nd extent of the work propored 'nd .how in det,il th" ie will confoem to the provi,ion, of thi, Code 'nd ,11 relmnr I,w., ordin,nc", rul" 'nd reguI.tio... The fim oherr of "ch rot of pI,n, ,h,ll give rhe hou.. 'nd "reor ,dd"" of the work ond the nome 'nd, ,ddr", of the ownor 'nd per. .on who prep",d them. Pbn, .holl in- dud, , plot pl,n ,howing the loc"ion of the propo..d building and of ev"y e"i"ing building on rho propeery. In lieu of de"iled .poeific"ion., rho Building OHici,] m,y 'pprove "feren'" on the pbn, to , .pecific recrion or port of thi. Code or other ordiu,nce. or bw,. Comput"ion" ,tr", di,g"m" 'nd other dot, ,uffici,nt ro ,ho'; the correeto", of the pI.." .h,ll be .ubmitred when re- quired by the Building OHic;,1. PI,n, for building. mo" th,n two "o,i" in height of othor th,n Group, I 'nd J Occupan- ci" .h,ll indic"e how "quired "rucru,,1 'nd fi"-r"i,,ive in"gdty will be m,in- "in,d whore, p,ner"'IDn will be mode foreleereic,l, mech.uic.I, plumbing, 'nd communic,tion condui", pip",nd ,imil" 'y"e..,. SECTION 9. The Dubuque Buildiug Code i, her,by am'nded by rep"ling See- tion 302 of the Uniform Building Cod', 2. Identify ,nd d"cribe the 'York to be covered by the permit fo, which 'pplic,tion is made; ,. Desctibe the land on which the pro- po..d work i. to be don'; by loe, block, troct, 'nd hou.. 'nd ,"oet ,dd".., or .imil" description th" will ",dily ;dentify ,nd defini"ly 10COte the propo..d building or work; 4. Indic,,; the u.. or occup,ncy for which, the propored work i, iotend,d; I. Be "comp,nied by pla.. 'nd 'Pee- Hie"ion. " "qui"d in Sub.."ion (c) of thi, Secdon; -~-'-'--,------- 29 30 Special Session, January' 20, 1975 197J Edi"an, ,nd "pbeing "id Section with , new Section in lien eh",af .. faHow" Buildi., P"",ic" Sec. J02 (,) ¡',uanc<. The ,pplie..ion. pbn, ,nd .peeifbtion. filed by ,n ,ppli- "nc fa, , p"mic ,h,H be cheeked by the Building Offici,1. Such pbn. m,y be reviewed by othet deportmen.. of the city Co cheek eampli,nee with the low, ,nd u,din,nwund" ch.., ¡u,i,dictian. If the Building Offield is ",idied ch.. the wa,k d..edbed in ,n 'pplieorian fa, p"mic ,nd .h. ph", filed che"with. eanfo'm to .he .equ¡temen.. of thi. Cade.nd othet p"- tine., l,w. 'nd acdin,n..., ,ud ch" the fee .p..ified in Section JOJ (,) h.. boon p,id, he .h,H i"ue , p"mic th"efa, co ,he ,pplicant. When the Building Offici,I,i"u.. the petlui" he .h,11 endat" in wdting °' """p on both ".. of pi"" 'nd specili- e..ia", "A~~ROVED." Such "pp,aved pl,n, ,nd 'peeific"ia.. ,h,11 not be eh,nged, modified, °' ,Ic",d without ,uchad",ian"am the Building Offiei,l, 'nd ;11 wa,k,h,11 be done in ,cea,d,nee with the 'pproved pl.",. The BuildingOffieid m,y it,ue , pet- mic fa, the cOn"cuction of port of , building a' ",uecu" b,fa" the enti" pl.., ,ud .peeifi",ia'" , fa, the whole building a' muecu" h,ve boon .ubmic"d a' 'pp,aved ptOvided ,dequ"e info'm"ian ,nd d",iled ""'men.. hove been filed complying wich, ,11 pettinent "qui"men.. of thi, Code. The hold" of .ueh petmi' ,h,U PtOeeed .. hi. own d,k without ...u"nee ch" tho p"mic fo' tho entire building 0' ","ecu" will be g"n"d. (b) Rel,.Uan of Plant. One "c of ,pp,oved pion" 'pccifie..ion., ,nd eam- pu"cian, ,h,U be ""ined by tho Build- ing O!£ii,,1 fa, , pedad ofnoc Ie" th,n 90' d,y. f,o", d,te of completion of the work co""ed ,hmin, 'nd one .etof ,pptoved pion, ,nd ,pecilieation. .h,11 be "cu'ned to ,h. 'pplieant, which ,et ,h,U .e kept on 'uch building ot wo,k " ,U' tim.. during which ,he wo,k ,uchori«d ,h"eby i, in p,og"". (c) V,lidily. Th. i"u,nce o,g"n,ing of , p"",i, 0' ,pp,ov,l nf pbn, ,nd .peeifi"tiou, .h,H not be eonmued co he , petmic fo" 0' on 'pp,ovol of. ony viobtiono£, 'ny of the p,nvi,ion. 01 thi. Co.d& No p"mit "",uming Co give ,uchoticy co viol"e 0' "ncol tho pto- vi,iou, of thi, Code ,1.,11 be v,lid" excop' in.ofac " the wock ot ute which i, outhod", i, I,wfnl. The i"u,nco of , pe,mit b..ed upon pion,' ,nd 'peeifie"ion, .hm not p"ve.. tho Bnild"g Offici,l ftom thm,lc" ,,- quking ,h. co,mtion of mo" in tOid pi,.. ,nd ,peeific..ion, 0' f'om p,event" ing building opocation, heing, c",iod on ,h"ennd" when in viobtion of chi> Code oe 0' ,ny o,het o,din,nco of tho City. (d) Ex.þi"lia.. Evety p"mit i".ed by ,ho Building, Ofliciol uod', the ptOvition> of chi, Code .h,ll oxpi" by limit"ion and become nuil ,nd void, if tho building 0' wo<k ,uchoti«d by .uch p"mit i. not commenced witbin 90 d,y' !tom ,he d"e of .ucb p"mic. ./> p"mi, which b.. expired by limi,,- ,ion m" be extended fo' , p"iod of 90 day' " , time, fo, good ,nd ,ufficienc "..on', .po. wtitten ,ppli"don; haw- ,vet, the total time fo' the odginal p"mic ,nd ,ny ""n,ion. .ball not exceed 270 d,y,. (,) S.,pmtion " R'vo"lion. The Building Offici,l m,y, in wdting, .u.pend 0' ..voke a pe,mi, i,,",d uod" ptOvi.ion, of ,hi, Code whenem tho ~"mi, i. i"ù,d in ottO' 0' on the h..i, of in- co"'et info'm"ion ,upplicd, 0' in viola- cion, of 'ny o,dinanco 0' "gulotlon 0' 'ny of ,he p,ovi.ion, of chi, Code. SECTION 10. The Dubuque Building CO", i. hereby ,mended by "p"ling Sec- cion JOJ of tho Unifo,m Building Code, 197J Edicion, 'nd ..plecing tOid Section witb , n,w Section in lieu ,hmof .. follow" P.", Sec. ¡OJ (,), BuildlngP"mU Pm. No pe'mi' " "qui"d by chi, Cod, ,hall be i"ued un,iI, ,he foe p,."tibed in obi. O,din,nco ,h,ll hm hoen paid, no, sh,ll an ,mendment to , p"mic be 'pptOved until tho ,ddition,1 fee, if any, due co ,n in.."" in tho e"im...d CO" of tho building 0' muetn". ,boll bm been paid. The fee fo, any building p"mic .1.,11 be b..ed upon the valu..ion nf tho p'o- poted eon"tuction wo,k. Th. d.."min"ion of Volu, 0' volu,- 'ion und" 'ny of tho p,ovi,ion, of thi, Code .h,ll be ""de by ,he Building Offici,l. The valuation 10' new con"'uction .boll include tho Co" of ,II b.ilding m,"d,l. ond tho u,ual co" of lobo, wh..h" ,"ch I,bo, i, p"lo,med by tho own" .. och",. Such YOlu,tion may ex- clude the CO" of tho lot 0' imptOvemen.. co the lot .uch .. - g"ding, lond,eaping. w,lkt 0' dtiv", .. tho CO" of ,be ,i, couditioning, ele",icel, hming, plumbing 0' ventilotion .y"em> fo, which tep"'" i..peetion fe" '" chacged; howevet, the 'pptOxim", volue of ch"e item. .h,ll be >howu on cbe p"mic in the spaco p'o- vided fo, ch.. PUtpote. The yalu,tion, f.. '¡t",cion" "pai". "pbcomen, °' "madeli"" ,h,lr include tho co" of m.."i,l, ,nd tbe u'u,1 CO" of boo"~ whccb" ,uch lobot i, pe'¡o,med py tho own" 0' by ochm. foc the in- .tolledon 0', eo..c,uetion of ,ny "p,i" "pl,eement ot "modoling whicb beeom.. an integ,,1 p"C of tho building 0' muc- cu". The Building Offici,1 m,y co"'cc tho "",d vdu"ion of ,ny puilding °' "'uc- tu.. if' ,"ch valn"ion 'ppm. co b. in- co"cec 0' und.",tim".d. Wh", wo,k fa, which, p"mic i, "qui"d by thi, Code it """d pdo, co Special Session, January 20, 1975 ob,>inin" ..id poemic,che f", abov. 'p'c- ified.h,H be doubled, but tho p'ymenc of such double, foe Ih,ll no, "lieve ony p",onf,om fuUy complying wi,h the "qui"mentt of chi. Code in the execution ofche wock 0" f'om ony och" ponal- ti" p",cdbed h"ein. (b) Fees NOt Includ,d. The p'ymenc of ,he fe.. refmed to in Section 30J '(,) ofthi.Code ,hall not relieve the ,ppli- cent, petmit hold", ot oth" p",on. ¡'am the p'ymeo' of 'ny o,h" f" 0' fe" th" may be p",ctibod by low .. by o,dinanee. (c) W,lve> of F".. 'No foe .h,ll b, "qn¡"d In, b'dldiog. owned and used exclu.ively by tho City. (d) Rtln'p,et/onF". The fee 'fo, ",.kio" , trip of iu'poeti.n upon "celpt of, nddce 'cooing , .uildiug ¡, ",dy 10, intpeetion when ..me i. not .h,1I .e $10.00. TABU! NO. 3-A Patt (a) - BUILOINOINSPECTION FEIS: VALUATION ,od PEE 10.00 co 1>00;00-11.00. 1$0,.00 co $1,100.00-11.00 fo, tho fim 1100.00 pI';> 1.10 for e"h ad- dition'¡ $100.00 0' f",cion the""f, to alid includin" $1,100.00. IHOt.OO to 12,000.00-$10.00 £o,'he fitS< $1,'00.00 pin. 1.40 for each,d- ditionol $100.000' f"ction 'h",.I, 'to 'nd iocludiog $2.0M.00. $2,001.00 to $20,000.00-112.00 fonhe ¡;"c $2,000.00 plu, $4.00 for "ch ad- ditional $',000.00 ., f"ction the"of"o aod inclndiu" $20,000.00. $20,001.00'0 $50,000.00~1'4.00 fOt the ¡;"t $20,000;00 plu, $3.00 for e""h eddition,¡ $1,000.00 0' ft"tion th."of, to and includi"gI>O,OOO.oO. $>0,001.00 Co $100,000.00-1I74.00fot the fi"t $'O,OOO,OOplu. $2.00 fo, ."h ,ddidoo,¡ $1,000.00 °' f",tion ch",of, Co aod includio, $100,000.00. $100,000.01 ,od u..-$274.00 fo, the fi", 1I00,000.00,plu, $1.00 fo' "ch ,d- dition,i 11,000.00 0' betion ,hmof. Pa,t (b) - BUILDING DEMDLITION FilS; One ot two f,mily dwelli"g" ".00. Building. .th" than one oc cwo family dwelling>; $10.00. EXCE~TIONS, I. No foe .h,11 be thatg'd for i..uing a permit fo, any bUIlding th" it not l"gOt thou 32' . 24'. 2. Th, Building OHiei,1 may w,iyo the demolitiOn foe to a home."n" fo, 'n on"¡va""bl,, wo'u-out, one-"..y build- ing loeatedon tho p"mb" on "hlth he ",id". ptOvided ch.. the building I. nOt heing w"eked by o,dOt 0' und" con- demn"ion p,ocedu,... Pa,t (c) - FEES FOR THE MOVING ' OF HOUSSS AND LARGER BUILDINGSt M.ving house. and ¡"." huildiog" 125.00. 31 SECTION II. The, Dubuque Buildin" Code it h",by,mend'd by «""ling SeCtion J04 of cbe Unifo"" Building Code, 197J Edition, .nd "pl"ing ..id Section with , new Seetioo in lieu chm- of .. follow" In'peetio,,", See. J04 (a) Œ'e..l. ./>11 eo""uCtlon or \Y.rk f., "hicha' permit i, requited ,h,1I be .ubjeec co in,peetionby the Building Offici,l. 'nd c,,",in 'yp" of con"cuction ,hall heveconcinuou. ¡n- .pection by >peei,¡ ¡n'peeco", .. apeci- liod in Seetion'JOJ. Tho Buildi.g .Official m,y "qui.. the 'pplieant co tubmic , fumy of the loc,o thow"compU,n.. of tho "tUctu.. ..ich 'Pp,oved plan" (b) I..peeU"" Ree"d C"d. Th. Buildi.. Officia¡ ah,H ""blish ,"dmain- "in' in,pecdon ..'o,d c.,d. in t1. Build. ing boP"'me.. HI", indicating¡n....- tion.by dace ,"d in.pee,o'" name. (c) APP"",,/' Req.i..d. No \Yn,k shall be doDo on ,oy pm of the building or "'Uctute beyondthopoinc ¡"dit",d in each ,uco...iVe i",peCtionwichoUt f¡", obtaioi"g the w,icte.'pproval of th, Buildi"g Official. Snch ,wtitten 'pp'ov1l1 .h,lIbe given only ,foOt an i.,peccion ,b,n hm been ,mad, of ea,h .u"'"i'Ve "ep in the con",uetion, " iodicated by ",h of the in'poetion, ..qni..d,i" Snb- ceCtion(d}. The.. Ih,n be , fin,1 in.pection 'nd 'pptO.., on all bnilding, , wheneompl...d ,od ",dy fo' Otcup,ncr. (d) Required I..peeli.u,. No '..nfore- ing ""¡ ot ",n'cu,,1 framework of 'ny pm of any buildiu" ur "'ucture ,h,1I bo 'ov'redo, ,<once,led iu .ny m.nn.. wichout' fi", ob"ining ,che 'pp,o",1 of tho Building Of£ioia!, Tho Building ÒHid,¡, upon notili..- cion ftom ch. p..mit hòld', öt hi. 'gent, ,h,1I m,ke 0' c,u..to be made tho fol. lowing in'p",;on, 'nd .h,1I dth" ap. p,ov, ,h.. pottion of ch. con"'uetioo .. completed 0' ahaU notify the ""mit- holde' 0' hi> 'gent tho m'no" in which ..id con",uCtion .fail. co comply wi,h tho "quiremen.. of chi, code. I. Found.tlon I..peetlon; The foun. dotioo inspetcion ,h,II, be m,de be- f." foocinsa ... pouted. 2. b."" In,pectlon; The frame in- apeCtion Ih,1I b. madeafc" the ,oof, .11 f..miug, fire-blo,king 'nd b"cing '" io pI"., and ,II pipes, chimney. ,nd ven.. '" complete. The fi", in,pectio., of tho eloec,;- "I witing, he"ins end plumbing .h,1I h,vc been ,",de 'nd 'pp,ovcd beinre the f"me inopoecion i> m,de. J. Pinal I"peetlon; Th. fin,) in,poe- cion ,h,1I be ""de ,It.. tho bnild;ng 0' "cueture i, completed ond ",dy fOt oceup'ney. (0) Othe> In'peetl.... In .ddition co the called in.poetion> .pecified ,bo.., the 32 Special Session, January 20, 1975 :;Id~~~" ~~;~;:~iO:a~f ':~~c c::,,::~~~= I work to a"""ln compHanc' wIth, tho provIsIon. of rhls Cod. and oth" law. whloh m' cnfot..d by th, BuadingDc- pa"mcnt. ' For tho putpo" of d""mlning oon¡- pHan.. with S,ction 104 (h), tho BuHd- Ing O££lcial may "u" any mueture to bc r"nspcoud. (f) ,R,insp«tions. A "In;pcotion fco may b, ..",..d to' ..ch, In.pcotion ot "I..pcotion wlicn such po"lon of work for wbich inspcotion Is "ncd Is not com- pl"c or whcn" <o"cotions "ncd ,to' '" not,niado; r' Thldúbicèdon' i. not io bc Ini"p"ud as "quldng "inspcodon fcwthdjrsÙ1nic a 'job is "jco"d fot faHu" to comply wIth tho requlre",cn"'o£' th¡;.Codc,..but "cdimolUng th"'p"èdet of,.am.g ,for in'J'C<,¡on, bcfo" thc")ob 'I""t"df for, 'nch I.spcetion,o".,rci..pcèdon; " , R.lnsp.edo"fc,,"móy'hc',a...,..d ...bcn thc'poimli cord, D,'nat 'Propo,lypo'"d on' th.'work',I",'t.' approv<d"pbns.", noi r"dUy mIlaM' to thc'!nspcotor; ,to, f'¡lur, to p,ovldc a..... on tho d"..for which inspcotion 'is "qu..iad, or '¡or dcvl"lngfrom plans rcquidng rh, approval ohh,BuUdlng,Offiola!. ; To obiain ò'"lnspidid"' th, appMa"t ,hall £lI, anapplicadon' th"cfor in wdt- ing upon a form furnl.h,d forth" pur- p",e, and pay tbc rclnspcotiò" ',fee in ,,- cordan.. wirh Scodon '303.' , In In"ances wh"c" r"..poetion fm b..cbcon ..",..d no addItional inspcedon of tho work ",in bc ,p,rformcd untllrhc "qulr,d f... .have bctn;:,pald. SECTION 12. Thc Dubuquc Buadlng Cod,ls h"cby amendid' by "p"Hng' Sce- tion 1\0¡ of the Uniform: BuHdlng c.;dc, 1973 EdItion, andrcpl.cings.id'Scetion wIth ancw S,e,lon in ¡I,u th"..f.. fono,," ¡ LIght, V,ntiladon, and SanItatIons SêC. 1\01 (a) Ligþl' and Vintilatlôif. E". room In' a dwcmng unif ',Mn bc; p«>vid,d wIth natu..I' light by 'tn'an. 'of wi.dow. wIth a glazcd "'ó of ÌIot ¡.., than onc-rcnth of tho floo' "c;' of !uch ,oom, with a tnlnlmum of 10..qu", fc" of glmd "" in caeh, h,bl"blc room, and a minlmutn' of 3 square fc" ofglazcd ",a ,in a bath'roon" Not 1,.. tb.n on,- half of,thc glazcd "'" .han be op,nabl, to p,ovidc' "atù,,1 ventiladon. EXCEPTIONs 1. Inklteh,n; b"h- rooms, or' laund,y room., "dflclal light tnay bc sub.dtuted, for na..,al light, and, ",<chanbl 'vcndl"lon inoy b' ¡""an,d I. Ilcuof natu..1 ",ndladon, provid,d"that iucH' vcn- tHadon .is di"h"gid' 'rh,ough' 'auc" directly to thc outsIde ,nd i, e,pablc of ptovldlngfli" aI,' cbing.. p" hour In batbrooms and laurid,y 'ooms, and, two air chang.. p"hou, in kirchcos. 2" Rcquircd' 'minImum light, and vcudlatiori may bc',p,ovidcd to any room""'pt ,bcdrooms f,om an 'adjoinlngro,m which <on"ins tho total glmd "..' r'qui"mcn" fo' both room.,provldcd that ,uch roo"'s aro connmcd by a common wan "hleh i. not 1..., than on,-half opcn , indunob"ruCt,d, o,con"ln. a walk' ihrough op,nlng 0£' morc than 21 .qua,tC f<Ot, whlchcm opcning ¡, g"",r. Eve'ym"bani"l"hau".y."m, whlcb exhan." vapo", odo", no g""".ban dis- cb"gc through ducts, dircetly to ,hc out- side of th, buildIng,. ' , , Rcqnlrcdwlndo.,., shan ,op'n, dl",tly OntO a public s¡rcot ,or ancy 0' "rdor court located on ",hc samc ,lot " th, buIldIng. EXCEPTIONs Rcqulrcd window. may open ooto".,ovcrcd ,porch p«>- vid~dtba" ,.u,h porehs, , 1. Abu"a ",;,,;, ya;d, 0; cou,,; and , " 2. H.. a ,,!Hng ¡;cigÞ1 of not. I.., than 7,f,',; 'and' , ," . ). Ii.. ilie 10ngÙ ,la, at lcasf 61 por, "ntop'" a.d. .nobottu.rod. Eaeh "n"o, tho/c.,por,ions., "l ,b..c- m,n"not, u..d .. ,habi,a"lc ,poco .baIt bc provid,a I"lrh ,;atu,il lIgI"t and vcn- dlàdoncqual,f<>'n~' Ic.. ,,\h,n "nc, p" "nt of th, supod¡,lal,floor "~a. A b...mcnt or "n" witb only'o.c cxit doo,,"ay .han bc 'provld,d wlth."c rc- moro opcnabl, window with' minimum dm op,nlng dlm,osion,. of, 30.1nch.. by 16, inch..ro p"oùt' em"gcnc,y "ir or rcsc.c from,abovc grad,. (1» Sanit.tlo.. Ev"tbuHdlng shall bc providcd wIth" I,;" Onc """, do..t. E.",y horcl and,óch s.bdlvlsion thc"of whc" both sm. ato aeéonimodatcd shall bcprovidcd"'ltJ, at I.."'two'wat,, do.." lo"rcd in such buildIng, ",hlch shon bc cdnspicuomlymatk,d, Onc for ,.ch "" Addidonal """r' do"" .hàll ¡'c pro- vidcd on e"b floor forc"h 'ox ",hé rarc of o.c fdr cv'ry additio..a! 10 gu..", or fr"donal part th..cof, In "co.. of 10. Ev..y dwdllng ,untH .ban b, provldcd with a ~Irch,n'quippcd wlrh a klrehcn .Ink ana wl,h bathroom, '£,,!Hti.., con- ,I.dng ,of, a wat" doset" lavator" and elrh.. a bathtub or sho,w". E"h plumb, Ing flxturc shan bc, cqulpp,d with runnIng "",.. nc".."y. for, i"normal op""ion. A room in wh1Oh a wat" eloset is loe",d ,han b, "p",a,cd from food pro- p,,;tlon or "o"gc, room. by a ,Ight- fi,dng door. For oth,r r'qulrcmcn" ,on "at" cIo.e". .co S"tion 1711. SECTION, 13. Thc Dubuquc BuildIng Coa, h, h..cby 'mcnd,d' by rcp..ling S"doo 1401 of ihe Uoif,,'m Bundlng Cod" 1973 EditIon, and rcplacing "Id Scetlon,wltb a now S"tioO in lIc. rhere- of " fonow", Special Session, January 20, 1975 LIght, 'Vcntilatlon, and Sanl"ilOns Soc. '1401 (a) LigÞt and V<fntil.t/on. Each room in a dw,lling ,han bc pro- vld,dwith natu..1 ligh, by m..n. of window. wirh , glazcd "" of no' Ie.. than on,-"nth of the £loor "ea of .uch room, with a minImum of 10 .qu"" f"t of glaud "" in c"h babi"blc room, and a mInimum of 3 'qu"" f"t of glazed "" in a bathroom. Not I,.. than one-balf of the glaz,d "" .han b, op,n,ble to provid, natn..1 vcndl"lon. EXCEPTIONS, 1. In kirch,n., b"h- rooms, or laundry rooms, artIficial ligbt may bc ..bsdtutcd for natural light, ,nd mocha.i,,1 v,ntilation may b, in"ancd in Ii,. of natu..1 vcn- tiladon, ptovid,d that sucb ventila- don i, dlsch"ged' through duc" dl"ctly to tho ou"ldc and I. "p- ablc of providing fivc ai, chang.. , p.. hour in b"hrooms and laundry room., and 'wo ait ehang" p'r hou, io klrchcn.. 2. R'qulrcd mInimum light and ventilatIon may b, provid,d tn any 'oom oxcopt bcdrooms from an ad- joinIng room which contains the glazed a'ea requlromen" for botb room., provid,d that ,u,ch rooms '" connce"d by a common wan whlcb i, not I,.. thano",,4alf op,n and unob",ueted, or ,ontaIn. a walk- th",ugh opcning of moro than 21 'qu", fcot, whlehev" openIng Is grcator. Evory m"hanleal "hau" ,.ymm, whIch 'exhau," vapo", odors, or g"", ,b'lI' dlsch"gc rh,ough ducts dl",tly to ,he ou..idc of tho building. Rcqulred 'window. .h,lI op,ndlrectly onto a publIc "'cot 0' an,y 0' a yard '" court lo""d on the sam, loi " tho buildIng. EXCEPTION, Requirod window. may op,n onto a com,d pooch pro- vid,d rhar .ueb porchs 1. Abu," a .tre", yard, 0' coU"; ,nd 2. Has' acoillng hcight of not I,.. than 7 fcot; and J. Has tho longor oldc at ],..t 6¡ p" ecnt opcn and unob'tructcd. E"h edlar, 0' who" pordon. of bas,- mcnto not u"d " habl"blc 'P"', shan providc wirh natu..1 Hght and v,nrll"lon ,qual to not I", than oni p" cont of th, £1oor ar... A b"cm,nt or coll,r wloh only one ..It doorway ,hall be providcd "Ith oOc romo" opcnabl, wIndow with ",Inlmum d..r op,nlng dim,ri.ion. ,of 3. inch.. by 16 inch.. to pormit 'm"gcncy oxit ,or "",uc £oom abovc grad,. (b) S..¡¡ation. A room In whleha w"" do." I. loe"cd shall bc "p"at,d ,~o':' :'ï.~_/;:~~;ay:::.. or "o"gc room. I Ev"y dwclIing unlr ,hall b, provld,d wi,h . klrcbcn cqulpp,d wi,h a klrchcn 33 ,Ink and with, bathroom fadHti.. con- ,i"ingof awat.. cIo"t, lavatory and ,I<h" abath,ub 0' ,hower. PlumbIng flxtu,," ,hall be provided wi,h running w"" n""",y for thclr opondon. For od", "qulromcn.. on w"'r cIo",.,.coScedonI711. SECTION 14. Thc Dubuquc BuildIng Cod, i. b",by am,nd,d by rop"Hng SOCtion 17l1 of rho Unlfo,m Building Cod" 1973 EdItion, and "placing "Id Se"ion wIth a new S"tion in H,u th,ro- of " follow", W"'r Clo"t Cempartmcn.. and Show"" S"..l7Il (a) Floon and,W.I)'. In otb", rhan dwelling" £100" In publIc toH". ,h.lI bave a smooth, hard ;onab.orbont surf"c sucb " po"land comcnt, con"'", ccramictilc or oth.. approval matcdal which ,",cnds upward onto tho wall. at I,..t ¡Inch". Wall. witbin .,.arcr cIo"t compartmcn.. and wall. within 2 fcot of ,hc front and .Id.. of u,lnal. .hall bc, sImilarly flnl.h,d to a bo1gh, of 4 foot and, mop' for "'uc- tn..1 ,Icm,nto, tho m""ials us,d In .uch wall, ,h,lI b'of a typc,whkh i,no, ad- vc"cly a££"rcd by mol"u". (b) w.tcr, Clo",' çompartm<fnt, 0' Room,. E"h wat" cIo"t 'omp"ttnent .hall hay, a cI..r wid,h of not Ii.. than 30 inch.. and .hall havc a dc" 'pace in front of tho Wat" do.er of nOt 1", ,loan 24 inch... (c) Am', to Toil" ~,,¡litI,; !ó, th, Hand¡tapptd. A"" "md by an clevato, or romp in compI;,nco witb Tablc No. H-A of th, Uniform Buadlng Codc, 1973 Edition, .han havc sanitary f"¡¡¡ti,, ,,- co"lblc ,d handl"ppcd pcroons as, follow", I. Watt; Clm,t. Acco" fo, th, phy.lcany handicappcd ,han b, provld,d " Ic..t onc wator do..t In ",h publIc toil" or bathooom by p<oviding doo", opcnlngs and p"..gcway." I"" 32 inches wldc I..ding to such W"" cio"t, witb a 48 inch" wldc approach to "ch 90 dcg", co'nor, and by p«>viding a cI", 'p"e Imm,di",ly adj",nr to .ucb wator cIo..t of not I,.. than 32 incb.. wldc by 32 inch" de,p, with ,uch 'p", to be unobstru,tod by door ,wIng, grab bai. or oth" proj'ctlons. Grab b", .han be "I..., 18 inch.. long ,nd.hall bc mountod ho,izo."lIy within ...y "'ch (wIthin ;pproxim"cly 18 Incb..) of..cb watorclo", .. tho .Idc ,ndbaek, °' o. each sIde of rh, compartment. 2. Lavat",y. Exccpt for th, projco,- Ion of bowls and W"to pipIng, a cI..r unob"'nctod .pacc' at I"" 26 Inch" in width, 24 inch.. In h'lght above th, floor and 12 Inch.. in d,prh ,hall bc ¡irovid,d nndor " I"" onc lavatory. 34 Special Session, January 20, 1975 -,~----------- 3. Mirro,," Whm mino" '" pm- vid,d, on, ,h,1l b, in",Il,d '0 to" tb, bottom of tb, mi'M i, witbin 40 in,b" of tb, floo', 4. Tow,/" Wh"e tow,1. °' h,nd- d'ying fixtu", '" p,ovid,d, °°' ,h,1l b, i.."Il,d within 40 in,h" of th, floo', (d) Show", A"". Show,," ,h,1l b, fini,h,d " ,p"iG,d in Sub",tion (,) to , height of not I", th,n 6 f"t. Mat"i,l, oth" tha" "motu,,) d,m,n," ."d in ,",h w,11. ,h,1l b, of . typ' which i, not adm,dy ,ff"ted by moi"u". (e) Doo" and Pa",/" Doo," ",d p,nol, of ,how" 'nd bathtub ,nolo,"", ,hall b, ,"b",nti,lly ,o"mucr,d f<om 'pptovod ,h,mt-".i""" mat""I... Hing,d ,hower doo" ,h,1l ope" outw"d: (f) Gloz;ng fo, Show", dud Bathlub Ene/o"""" Gb'¡ng used indoo," ,nd p,n,1. of show" and b"htûb' ,ndo,u'" ,h,1l b, fully tempmd gb", hmin"ed "f"y gl"" 0' ,pp,ov,d pI"ti,. Wh,n gb" i, used it .h,1l hm a minimum ,bickne" of not 1", ,h,n 3-16 in,h wh,n fully ttmpmd, Ot 1/4 ineh wh,n ¡am' inated, ,nd ,h,1l p'" th, "" "qui"m,nt of U.B.C. S"nd"d No. 54-2. (g)' Plà,ti". Ph,tk. used indoo," ",d p,nol, of ,how" ,nd bathtub ,nolo,"", ,b,1l he of , ,h"",-",i"'nt type. SECTION 15. Th, Dubu.ue Building Code i, h",by ,m,nd,d by "p"ling Section 1716 of th, Unifonn Building COd" 1973 Edi'ion, and "phdng "id Section with a "ew S"tio" in li,û thmof " follow", Gu"d"ib, Sec. 1716 Gnon¡'ail,. All un,ndo"d floo, ,nd ,oof opening'; op,n ,od ghzed ,ideo of hndiog,; b,koni" °' po"h" whi,b ate mote th,o 30 i",h" ,bov, ."d,; ,nd ,oof, used fo' oth" th,o "tVice of th, buildiog, ,h,1l be p,otooted by gu"d"il. Gu"d"il. ,h,1l not b, I", th,n 42 ineb" in height. Op,n gu"d- tail, ,nd ."i, "iling' ,h,1l hm int,,- m,d;", "ib °' ,n otnam,o,,1 p"t"n ,",h that no obje" 9 in,h" in di'm"" tan p'" thtOugh. Th, heigh, of ",i, ,ailings ,h,1I b, " 'p,tifi,d in S",ion 3305 (i). EXCEPTIONS, 1. Gu"d"i), need not be ptOvided on ,he lo,ding "de of Io,ding do,b, 2. The height of go"d"i), in Group H-Ap"tmeot and Gtoop 1- OOtop,nti" may b, "du"d to not I", th,o J6 i",b", ptOvid,d th" th, b", of ,",h gu"d"il ¡, no mote ,hen 10 f", ,bove the ,dj"ent g"de. SECTION 16. The Dobuque Building Cod, i, h",by 'm,nded by "p"Iing Sootion 1807 of th, Unifo,," Building Cod" 1973 Edition, ,nd "plating "id Se"ion with, u,w Smion in lien th",of " follows: SECTION 1&07. High Ri" ß.;láin8s. (,) G"""l. A building having, ,oof mO" th,n 65 f." ,bove tb, low", ad- j",nt ",," I,vel whi,h is avnil,bI. to Fi" Dep"tm,n, v,hid", ""pe ho'pitals of Typ' I 0' Type II ,on,ttuetion, ,h,1I ,omply with th, "qui"men" of this ",tron in ,ddition to oth" 'pplitable ,,- qoi",n,o" of this Cod,. (b) Fi" Exting.',hi.. Syslt... 1. An ,pptoved .ntom"i, fi" oxtiogui.hing 'ystem sh,1I be ptOvided th,ough-out ,h, building. The £i" extiogui,hing system sh,1I be design,d and ins"lIed ,e'o,ding to ,he peovisions of N.F.P.A. P,mphl" No. 13-1972 0' sboll be hyd"ulieoJly d"ign,d u,ing the pmm"m SOt fo,th in U.B,C. S"nd"d No. 38-1 ,nd th, following '<qui"men'" ,. Shut off voLv.. 'nd w"," £low d,vie.. ,hall b, ptOvided on ",h £10°" In ,ddition to "tu,ting a Iotal ,la,m on the floor upon whi,h the w"", £low i, dore,ted, .o,h volv" sh,1I be ,"p"vi"d by , continuoetly mooned eont'ol ""ion, by , tan",1 statioo, °' by . "mote monitodng .mi". b, The 'pdnkI" sy"cm .h,1I be looped b"woen "'ndpipe ti"" "' th, hottom, ,op and mid-height of ,II buildioS' wi,h , mnxim= of 20 "od.. semd by noy loop. At ",h loop I,vel th... sh,lIbe ,hook v,lves. e. Piping o"y b, ,opp" or "eel. Sold" o"d in connootions .h,1I ,oo"in no, Ies, " th,n 95 pOt "nt tio ,nd 5 pOt tent ,ntimony. d. Pitthing of Iin" is not "qui"d. e. A minimum of 2 fi" pumpS, inde- pendently ddvoo, sh,1I b, ptOvided ,od .ized fo, the 'pdnk" d'm,nd ,nd for' minim= 100 gallons pOt minute Pi" Depmment ",ndpipe op",tions. f. An on_site .upply of w"" ,quoJ to , 20 minote d'm,nd °' Ii,Ooo g,lIons on , eombioed .pdnkI" ,nd ",odpipe, whithev" i, th, ,mall", sh,II b, p,o- vided. This supply ,h,1I be mil,ble ,utom,titally if the pdntipoJ .upply f.ils. g. Op",tion of th, .peink" .ystem sI,,1I "tiv"" ,hc voite ,ommonit"ion 'y"'m. 2. The ins"l;,tion of ,n 'pptOved ,uto- m"it fire extingui,hing ,ystem sh,1I ,lIow "du"ioos ftom oth" p,ovision' of th¡, Cod, " follow", ,. Tb, fi"""",ive tim, pedod, set fo"h in '¡'ABLE NO. l7-A of the Uni- fo'm Buildiog Cod, m'y b, "du"d by on, hou' fot intedo, b"dng w,lIs, ex- "dor b",iog ,nd non-be"iog w,ns, 'oofs ,nd th, b"m, ,oppo"ing ,oof" p'o- vid,d ,hey do not f"m' into columet. An offite buildiog p",ition. "qui"d to b, of one-hou, fit",e",tive ,onsttuetion by "id TABLE NO. 17-A ,nd Se"ion 3304 (g) of the UOifotm Building Code m,y be of noo'ombo"ibl, ,on"rn"ion withou, , fi"-,,,i,tive time p,dod. Doo" pto"eting op,uings in """idot woJI. need not b, fi"""i.tivo ""d, ptovid,d rhas Special Session, January 20, 1975 .n ,",h op,oings '" p,ote",d by , tight- Gttiog .df do.ing solid wood doo" 0' ,qui.alent. lu G,oup H Ottup,odes, ,h, G,,- ".istive tim, p"iod of ,o"idot w,I)" ,nd dweIling unit °' gu"t tOom "p,,",ion, m'y he "du"d to on~h,l£ hout. b. Th, on, ,nd on,-h,If in,h hose lin" and "ozzl" m,y be omitt,d. ,. Smo!"p,oof ,ndosu", may be elim- inat,d if '"h "qui"d ,"itW,y i, p"'- ,otized" ptOvided in S,"ion J3 09 (h) of the Unifotm Buildiog Cod, '0 .15 in,h.. of w"" ,0Iumn. (,) Ph, Ala"n. A m,ou,1 fi" ,b,m box ,h,1I b, Io"ted ,dj",ot to exit doors into "aitway sh,f" nod io m,y elm'ot lobby. The box ,hall be ,onom,d to the C,ott,I Conttol S"tioo 'nd to the voi" ,ommuoitatioo sy"em " "quieed by Snb- ""ioos lS07 (e) ,nd 1807 (f). Th, 'y"em sh,1I be d"igned in ""o,d,n" with U.B.C. S"nd"d No. 18-1. (d) Fire Detecto,,- An ,pp,oved .ystem whith will ptovide fot autom"i, d"oction of ptodu,ts of ,ombu"ion oth" ,h,n h", sh,1l be in",lled b"weeo ,he I"t b"n,h duet ,nd th, ,it h,ndling unit io the tetUtO oJ, po"ion of 'my ,it 'on- ~itiooing ,od m"hanionI v'ntil"ion ,ys- tern th" "ms mote ,h,o °°' floot. The d"moes ,h,1l b, '" to op,"', within th, limit"ion. of U.B.C. S"ud"d No. 43-6. (,) Voi" AI.... amI Communicotlon Sy,tem. 1. Both th, dore"ion 'y"em ,od the fite .I"m sy"em sh,1l ",iv". , voice ,I"m SY"'m tapable of b,iog op- "'ted ftOm ,he Cent,,1 Coo"ol Station on both, g,o",1 " well" , "Ie"ive b,,¡' d,peoden, opon the ,oonp"'men"- tion involved. Th, ,I"m .h,1l be d"igo,d to be h",d by ,11 oOtup,n" within ,he boilding or d"ignattd pordon, ,h"eof " 'p,dfi,d fo, th, voi" ,ommonbtioo 'y"'m. Th,devntor lobby d"",o, te- qui"d by Cbap'" 51 of th, Unifo,m Buildiog Cod" 1973 Edition, .h,1l be ,onneo"d to the 'y"'m. 2. Th", ,h,1l b, two "pamte 'pptoved ,0Utinuou.!y d,"'i"lly ,op"vi"d voi" ,ommuoit"ion 'y"'m" on, fot , Fite Dep,"men' ,ommuniontion 'y"'m ,nd th, oth" fOt , publi, voi" ,ommuni,,- tion <,dd",,) 'y'tom b"ween the "n",1 ,ootrol s"tion ,nd th, following """' ,. Elm"", devoto, lobbies, ,o"idoes 'nd ",i,w,y.. b. Ev"y offi" "ta e""diog 1,000 'qn", f", in "',. e. E"h dw,lling unit ,nd hotel gu,", tOOm. 3. Emetg,n,y tel,phon' mihble '° th, publi, ,h,1l b, ptovided " not I", ,h,n '""y fifth floot in ",h "quieed ."i,w,y. 4. Wh,n 'pptov,d, the Pite D'pmm,nt sy"em m,y b, ,ombined with th, public voi" communi"ti"n 'r"'m and th, voi" ,l"m sy.t'm. (f) Centrol Control StaNon. A "u",1 35 eoo"oi ""ion fo, Pi" D'pmm,nt op- "'tions .hall b, ptovid,d in , lo"'ion 'pptOvod by th, Fiee D'p"tment. It ,h,1l 'on"in the voi" eOmmuoi",ion 'y"""' p,nd, fi" dete"ion ,nd ,latm system p,nd" ""U' iodi",o" ,od ,on"ols fo, d,vntoes ,nd ,i, h,nging 'y"'m" 'on- "°), fOt unlo,king ""itw,y doors, , publi, "I,phon', sptiokl" v,Iue ,nd w"" flow deo",oes, 'nd ,,"odby pow" ,onttolt. (g) Smoke Control. NaM,1 °' moch- aoital v,ndhtion fo, ,he "movol of the ptodu", of ,ombo"ion .h,1l b, provid,d in ,very "o,y ,nd ,h,1l ,on,i" of one 0' more of th, following' 1. P,od, Ot window, in th, exteti" wall whith tan be opeo,d f'om 'n 'p- p,oved lototion oth" d"n ,h, fite floo,. Su,h venting ¡',iliti" ,h,1l b, provid,d " the "" of " I,..t 20 squ"" feet pOt 50 li",,1 feet of "tedOt w,1l in ",h ""y, ,nd di",ibu"d 'tound th, pe,;- m"" " not mote th,n 50 foot intm,It. Su,h p,ne), sh,1l b, d"dy identifitd .. "quited by the Fi" D'pmmen,. 2. Apptoved "mp",d gl", m'y be used in lieu of op,o,ble p'nd.,. 3. Th, m"hanionl ni, h,ndling ,quip- m'nt m'y b, d"igoed to "si" 'moke te- moval. Und" fi" ,ondition" ,he teeOtO ,nd exhaust ,i, ,hall be "ken ditOttly to ,h, ou"id, withoot "dteoI"ion '° oth" ,eotion. of ,h, building. 4. A ,h,ft thtough whith smok, ,nd h", tan be m"h,ni"lly vented to the ootdooes. Th, ,ize of th, ,haft sh,1I b, "nifo'm th,oughou, ,nd of ,",h dim,o- .io", " to p,"videMt I", th,n 60 ,i, ,h,ng" p"hout in th, I"g", 'Ompm- men' 'mod ,oywh", in th, building. Op,oing, into th, ,hoft ,h,1l he p,otetted with '° 'utom"i, ,iogl, pi", ,hutt" lo""d " high in th, 'OOm " po"ible ,nd d"ign,d to veot ,he ,ntite 'Omp"'m'"t. 5. Aoy oth" d"'gn whith will p,odu" 'q"iv,I,n, te",I". (h) Elevaton. Th", ,h,1l b, ptovided " 1"" on, dmto, in ",h b,nk ..,il- ,bl, fo,' Fi" D'pmm,nt """ to .ny floo,. The elm", sh,1l ope" ioto , lobby, whith on,y setve othet dmto", ,nd ,h,1l b, "p"",d ftom ,h, "mniod" of th, buildiog hy con"'o"ion " re- quited fOt 'o"idoes. Th, dmto, m'y be lotated within, smokep,oof endo"",. Set Ch'pt" 51 of th, Unifo'm Building Cod" 1973 Edition. fot ,ddition.I "quite- ments. (i) Standby Pow" and Light. An 'p- p,ov,d p"m,"eody in",Il,d s""dby pow" g,""'tio" SY"'m eonfo,miog to U.B.G. S"nd"d No. 18-1 ,hoJI be pro- vid,d. Th, 'Y"'m ,h,U b, equipped wi,h 'ui"bI, n",o, fo, ,utom"i"Uy "Otting the ",odby g'n""o, upun failuee of th, no,,",1 doct,;,.1 ,mit'a"d fOt 'uto- m"it ",nsfee ,nd op,"'ion of ,11 tbe te- qui"d docteion! fon"ion. " full po"'" within 60 ",ond, of ,u,h nOtm,1 'mitt ¡'ilu", Sy",m ,"pmi"on, with m,nu,I 36 Special Session, January 20, 1915 "'" ..d t"nsf" fmur", sh,lI he pro- vided " the C,n",1 Conrtol S"tion. An on-p"mi" fuel supply sufficient for nor I", th,n two hou" full-dem'nd ope",ion of the sy"'m ,h,lI b, ptovid,d. All pow", lighting, ,ign'¡ ,nd 'ommun- i",io", fsellid" provided und" the re- qui"men" of this ""ion ,h,lI be ",ns- f",ble to the s"ndby pow" 'y,tem. The pow" tequirement ,h,lI be det,,- mined so " to provide ,ervi", to, but not limited t<>, the following, 1. Fire '¡orm system. 2. Exit ,nd other emergen,y lighdng. 3. Fite pmte"ion ,quipment. 4. M"h,nbl vendhdon requi"d by this ",tion. ¡, Fi" Dep,"ment elevator. 6. Voice 'ommunit"ion sy",m. (j) Exits. All ",irw,y doo" whi,h '" to be ¡o,k,d from the ",irw,y ,ide sh,lI h,ve the "p,bility of heing un- lo,ked, without unh"hing, npon , ,ign,l from the Cen",1 Conrtol Station. All floor leve!. ,h,lI he d"tly indi- "red in eseh ",irwell. SECTION 17. The Dubnque Bullding Code is h"eby 'mended by rep"ling S"tion 2305 ,nd T,ble 23-B of rhe Uniform Bullding Code, 1973 Edition, ,nd repI,clng "id S"tion with, n,w S"don in lion th,reof " follow", Set. 2305 Roof Loais. (,) Gen",al. Roof, sh,lI be d"igned to ,u",in, within th, """ limit"ion, of thi, Code, ,II d"d Io,ds, plu, , uniform minimum mow lo,d of thi"y (30) ponnd, pee squsre foot, fnll ot unb,hneed, ,nd in ,ddition to wind a< other lo,ds. The snow lo,d ,h,lI be "mmed to stt v"d"lIy npon the or" pmj"red npon , horizon,,1 plsne. (b) Wal" Accumulation. All roofs ,h,lI b, d"igned with sufficlenr slope a< "m- bee to ",ure ,dequ"e d"in,ge hom d"d losd or sh,ll h, d"igned ro mpport mox- imum lo,d, indnding po"ibl, ponding of w,rer due to defl",ion. Sre S"tion 2307 for deflortion "ireri,. SECTION 18. The Dubnqn, Buiiding Code is h"eby ,mend,d hy rep"ling S"tion 2314 of the Uniform Buiiding Code, 1973 Edidon, in fova< of msin- "ining the "guI"ions for Seismic Z"o 0, whith "gul"ions ,nd d",ifi"tio", hove ,Iw,y. boon in ,ff"t in rhe Ciry of Dn- buqne, low" SECTION 19. The Dubnqne Buiiding Code is h",by ,mended by rep"ling Ch,prer 51 of rhe Appendix to the Uni- form Buiiding Code, 1973 Edidon. SECTION 20. The Dubuque Buiidlng Code is he"by ,mended by "p"ling Ch,prer 70 of the Appendix ro the UnI- form Buiiding Code, 1973 Edidon. SECTION 21. The Dubuque Buiiding Code is h"eby ,mended by rep"ling S"tion 6003 of the Uniform Buiiding Cod., 1973 Edidon, ,nd replsclng "Id S"tion with, new S"tion in lieu rh".. of ,s follow", Sec. 6003 O,iinanw Rep"lei. The Bniiding Code of the Ciry of Dubuque, low" of 1961, ""bli,h,d by, Ordin,nre No. 56-61, ref""d to " the Building Code ,nd ,II ,m,ndmen" th""o be ,nd the ssm' '" h"eby expres,ly' "p"led. SECTION 22. Soving' Clsu'" If "y ""ion, pmvision or p'" of thIs Ordi- ",nee sh,lI be ,djudged t<> be inv,lid or un,on,dtudon,l, meh ,djudi",ion sh,ll noteff"r rhe volidity of the Ordin..re " , whole; or ,ny ""ion, prov;,ion or p'" th"eof not ,djudged inv,lid or un- ,on"irutions!. SECTION 23. Th, Dubuque Building Cod, is he"by ,mended by "p"ling S"don 6004 of rhe Uniform Buiiding Code, 1973 Edition, ,nd "plsclng "id Sortion wirh , new Sordon in lieu thereof " follow", Set. 6004 When Efter"v.. This Ordl- n,nee sh,ll be in Effe" ,fter i" fin,l p""ge, 'pprovol 'nd publi",ion " re- qui"d by low. Introdured the 18th d,y of Deremb", 1974. Rule requidng reading' on throe "pmre d,ys ,nspended by un,nimou, vote the 16th d,y of December, 1974. P",ed by r"orded roll "II vote, ,dop"d ,nd 'pproved thi, 20th d,y of Jonuory, 1975. C. Rob", Justm'nn Moyor AlvIn E. Lundh Emil S"eki. 10m" E. Bndy All,n T. Thom' Councilmen Atre", Leo F. Frommelr City Clerk Publi,hed offid,lly in the Telegnph H"old New'p'per rhi, 29th d,y of J,nuory 1975. L,o F. Frommelt City Clerk It. 1-29. Councilman Stackis moved final adoplion of the Ordinance as amended. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staekis, Thoms. Nays~None. ORDINANCE NO. 4.75 An Ordinance Amending Ordi- n.nee No. 59.70, commonly known as "The Fire Prevention Code for the City of Dubuque, iowa" by repealing Section 1 thereof and enactIng a new sec. tlon 1 in lieu thereof to provicle that the City Council aclopt the Fire PreventIon Code recom. Special Session, January 20, 1975 37 mended by the Western Fire Chiefs Association ancl the in. ternational Conference of Build. ing Officials being particularly the 1973 editIon thereof, Said Ordinance having ,been pre- viously presented and read at the Council meeting of December 1oß, 1974, pr~sented for final adoption. ORDINANCE NO. 4.75 AN ORDINANCE AMENDING OR- DINANCE NO. 59-70, COMMONLY KNOWN AS "THE FIRE PREVENT- ION CODE FOR THE CITy OF DU- BUQUE, IOWA, BY REFEALING SECTION I THEREOF AND ENACT- ING A NEW SECTION 1 THEREOF TO PROVIDE THAT THE CITY COUNCIL ADOPT THE FIRE PRE- VENTION CODE RECOMMENDED BY THE WESTERN FIRE CHIEFS ASSOCIATION AND THE INTER- NATIONAL CONFERENCE OF BUILD- ING OFFICIALS BEING PARTICULAR- LY THE 1973 EDITION THEREOF. NOW, THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. Th" Ordin,nre No. 59- 70, known" "The Fi" Frevenrion Code for the City of Dubuque, low" Be 'nd the "me is hereby ,mended by rep"Iing S"tion I thereof ,nd ,n",ing , new S"don 1 in lieu ther",f " follow", "Th" it i, hereby ,dopred by the City Council of the City of Du- bnque, low" for the purpo" of pre- ",ibing regulsdon, goven'ing 'on- dido", h""dou, ro life 'nd prop"'y from fire or expl"ion, th,t eer"in code known" "Uniform Fi" Code" re'ommended by the W",ern Fire Chief, A..od,'ion 'nd the Int,,- n,do",1 Cooference of Bnllding Offici,I., being portitulsdy the 1973 edidon thereof 'nd the whole th"eof, '$Ve ond except Appendix F thereof whi,h i, hereby deleted therefrom, of whirh 'ode not 1", thon throe (3) ,opies hove boen,nd ore now on file in the office of the City CI"k of Dnbuque; low" 'nd the "me '" hereby ,dopted 'nd in,orponted " fully" if ,or out" full length herein 'nd from the d"e on whi,h thi, Ordin,nre ,h,ll toke 'eHerr the provi,io", thereof .h,ll be eontrolling within the limi" of the City of Dubuque, low,." P""d, 'pprov,d ,nd ,dopted thi, 20th d,y of J,nuory, 1975. " C. Robert Justm'nn Mayor Alvin E. Lundh Emil St"ki, J,m" E. Bndy All,n T. Thoms Councilmen Att"" Leo F. Frommelt City CI"k Publi,hed offici,lly in H",ldNew,p'per this Jonnory 1975. tbe Telegnph 23rd d,y of Leo F. Frommelt City 'Clerk It. 1-23. MaYOr ,Tustmann moved final adoption of the Ordinance; Second- ed by Couneilman Brady. Carried by the followiqg vote: Yeas - Mayor Justrnann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays-None. ORDINANCE NO. 5.75 An, OrdInance Crea,tlng and Es. tablishing Fire Zones in the C,ity of Dubuque, Iowa, for, the Purpose of the ProtectIon of Closely Built Commercial ,Dis- tricts Against the Haza,rcl. of Fire Spreacling from Building to Builcling, by Sup'plementary Re. strlction,s on the C:onstructl.n Permittecl Within Such LImIts, Said Ordinance having been pre- vionsly presented and read at the Council meeting of December 16, 1974, presented for final adoption. ORDINANCE NO. 5.75 An ORDINANCE CREATING, AND ESTABLISHING FIRE ZONES IN THE CITY OF DUBUQUE, IOWA, FOR THE PURPOSE OF THE PROTECTION OF CLOSELY BUILT COMMERCIAL DIS- TRICTS AGAINST THE HAZARDS OF FIRE SFREADING FROM BUILDING TO BUILDING, BY SUPPLEMENTARY RESTRICTIONS ON THE CONSTRUC- TION 'PERMITTED WITHIN SUCH LIMITS. NOW, THEREFORE, BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. Fire Zones Defined. For the purpo" of thi, Ordin,nre the entire City i, he"by d"lsredro be 'nd i. her.by "tobli,hed 0 Fi" Di",i" 'nd "id Fire Di"d" ,h,ll be known 'nd d"ign'ted " Fire Zon" No.1, No.2 'nd No.3, ,nd ,h,ll indude sneh t"dtory or por- dons of ,,¡d City" ontliood in, ,n Oidinonre of "id City, entided, "An Ordin,nre Creadng 'nd E,tobli,hing Fire Zon"." Whenever the Dubuque Buiiding Code ref", to ,ny fire Zone, it ,holl be 'on"rned ro m"n one of the fire zon" ""red by "idOrdin,nce. Regulodon. within "idzone ref" to eon'tru"ion " sp"ified in the Dnbuque Building ,Code. SECTION 2. (A) Fire Zone No. I. BEGINNING àr , point in the e"'tetliue Special Session, January 20, 1915 i" £1",1 Þ""8C, adoption ,nd publiwion " by law provided. SECTION 4. O,di",n" No. 59-74 bc and the ..mc i, h",by "p"lcd. SECTION 5. S,ving' Clou". If ,ny ",tion, provi,ion Ot p"t of thi, O,di- ",n" ,h,ll be ,djudged m bc in"lid 0' unco"'titutio",l, ,u,h ,djudie"ion ,h,ll not effect the volidity of the O,di",n" " , whole; Ot ony ""ion, p,nvi,ion Ot p"t tbo"o/ not adj"dgcd inv,lid 0' nn- co",titotio",l. P""d by r""dcd roll "n vo", ,dop"d ond 'PPtOved thi, 20th d,y of J,nu"y, 1975. Special Session, January 20, 1975 38 39 NOW THEREFORE BE IT ORDAIN- EP BY THE CITY COUNCIL OF THE CITY OF PUBUQUE, IOWA, SECTION 1. Tit!,. Thi, O,di",nco ,h,ll be known 'nd may bc cited" the "Sign Codo", h"ein,f", "/e,,,d to " "thi, Code." SECTION 2. p.,po" and S,ope. ne pu'p",e 0/ thi, Code" to ptOvide mini- mum ",nd"d, m ..fesu"d life, he'¡th, ptOp"'y and public welf"e by "gul,ting and con"olling the d"ign, quality 0/ m,tedab, conmoetion, location, cle"'i- ;;"tion, 'nd m,intenan" 0/ ,II ,ign, and ,ign ",""um no' located within, build- ing, in the City 0/ Dubuque, Iowa. No 'ign ,h,ll be ere"ed in ouch a manner" to confu" Ot ob","" the view Ot i",erp""ion 0/ 'ny "a//ie dgn, ,i8",1 0' devi". The "gul,tions 0/ th¡, Code a" not intended 00 permit auy violation 0/ the ptOvi,ion, of ,ny other lawful O,diu,ue~ SECTION 3. Enf".""",!. I') Au,hodty. The Buildiug Official i, h",by ,uthod..d 'nd di"",d m en/"'a ,11 þtOvi,ious 0/ tb" Code. (b) Right 0/ En"y. When.." neco,- ..,y to m,ke ,n in'pection to en/"co any 0/ thi, Code, Ot whenever the Building OIHci,1 Ot hi, ,utho",ed "p""ntative h" """"ble cau" to believe tb.. there ox..ts ony oign or ,ny condition which m,k" ,ueh ,ign u."fe, the Building Offici,I Ot hi, ,"thod.ed "p""ne"ive m,y en"e the prem;se, oe building on which ,"eh ,ign i, loe..ed .. ,II re..on- ,ble till'" to in'pece tbe ,ign or to p"- foem ony duty imposed upon the Build- ing OIHci,1 by this Code; provided th.. i/ ,u,h building oe pre";'" on whieb the ,..n " lo""d be o«upied, he sh,ll /im p""'" ptOper ",dene"b ond dem,nd entey; and i/ ,"ch building or p"",;", be unooeupied, he ,hall fit" m,ke , r..,on,bl, e/loet to 10,,'" th, owoee oe other pmon, having eh"ge 0' eonteo! of the building oe p"mi". and d'mand cntey. II ouch entey i, refu"d, the Building I Ollid,1 0' hi, authod..d repre"ntative ,hall have "eou"e to every "m,dy peo. vid,d by low to "eure eotey. No own" oe oceupant oe 'ny otb" pe"on having eha'ge, ca" Ot eontee! 0/ 'ny huild;ng or p"",;". .hall /,il or neglect, a/tee penpee demand i, made .. h",in peovided, to penmpdy peemit entey thee"n by the Building O//id,l Ot hi, authod.ed rep,..entative foe the puep"e 0/ i"p",ion and examination pu"nant m thi, Code. Any pmon violacing thi, 'ub""ion ,hall be guilty 0/ ami,. demeanOt. SECTION 4. Violations and P,nalti... It .b,ll be unlawful /Ot any pmon, fi,m, oe 'Otpo..tion to eeect, maintain, "p,i" 'mi", in",ll oe al", auy sign oe ,ign a"'..<Ure in the City of Dubuque, Iowa, oe "u" the "me to be done, eonee"y to, oe in violation 0/, ,ny 0/ the ptO""ion, 0/ thi, Cod~ 0/ the Chi"go, Milwaukee, St. Paul and P,d/k Rail",d m';nline and the centee- line of Jon" S"eet, to the cen"tline 0/ the alley between Locmt Stetet ,ndBlu/l Sm,,; thence ,long the ccn"dine of the ,lley between Locu" Sm" and Blu/l Smet, notChedy to the "n"dine 0/ W"t Third Sm,,; tb'nce olong the ecn"dine 0/ West Thi,d Stmt "",dy to the centedine 0/ Locust Sm,,; thence along the centedine 0/ Loon" Sue", notChedy to th, centerline of Lo.., Blvd.; thence ,long the centedi" 0/ Lo,"' Blvd., ..st- edy to the cen"dine 0/ the ,lley between Cent"l Avenue ond Iovla Ste",; thence ,long the een"dine of the ,lley betwe'n Cent..l Avenue and Iowa Steeet, notCh- edy to the cen"dine 0/ W..t Scven- teenth Steeet; thence /tOm the ,en"eline 0/ the alley between Centeal Avenue and Iowa Smet, notChedy along the cen",- line 0/ Heeb St"et to the .,n"dine 0/ Ea" Eigh"enth Stet", extended to the centcelina 0/ Heeb Steeet; thence ..",dy ,long the cen"dine 0/ E"t Eighteenth Steeet, extended ..",dy to the cent"line 0/ Centre¡ Avenue; thence notChedy along the cen"dine 0/ Centre¡ Avenne to the eentedine 0/ E,st Twentieth Stetet; thence ,long the ceo"dine 0/ E"t Twencieth Seeeet to the "n"rline of White Smet; thence soutbedy along the cen",line 0/ White Sm" to the een"di.. 0/ E," Eleventh Steeet; thence ..",dy along the cen",line 0/ Ea" Eleventb Sm" to the een"dine 0/ the main line 0/ the Cbi"go, Milwaukee, St. Paul and Padfie R,ilen,d ",ck" tbenco "uthedy ,long the cen"dine of the m,in line 0/ the Chkago, Milw,"kee, St. P,nl ,nd P,d/k Roil",d track. to the eeneceline 0/ Jon.. Smet wbich i, th, point of BEGINNING. (B) Pi" Zone No. 2. BEGINNING .. ,point in the centedine 0/ the Chicago, Milw,ukee, St. P,"I aod P,dfie R,iltO,d m,ioline and the "u"dine 0/ Jon.. Sue,,; then.. northerly ,long tho centerline 0/ thc Chicago, Milwaukee, St. P,ul ..d Pod/ic R,il".d to the "nte,li.. 0/ We" Thi,d Sme" thence """Iy ,long the oeute'¡ine 0/ W"t Thi,d Smet " the Wast bank 0/ the Mi,,",ippi Rim; thon.. noeeh,dy along the Was, bank 0/ the Mi"i"ippi Rivet to the "n'eeline 0/ Keepee Blvd., eXtend,d " inte""t th, W"t b,nk 0/ the Mi"i"ippi Rivce; thouce we.,eely and southedy ,long th, ,en"r- line 0/ Keep" Blvd. to th, cen"dine 0/ E"t Sixteenth Sue,,; th,n" weste'¡y ,long the "utedine of East Sixt"nth Smet to the "n"dine 0/ the Cbicago, Milw,nkee, St. P,ul .nd P"i/io RaiI",d m';nline; tb,n" soutbedy along the "n- tedlne " the ""eeline of Jou.. S"cet which i, the point 0/ BEGINNING. (C) Fiee Zone No. 3. All tbat a"a in the City '0/ Dubuque ex"pt th.. specifically 'no"d otrd d..eribad "Fire Zoo" No. 1 ,od ,2. SECTION 3. Thi. Oedi..u.. sholl be in /oII Moo and .fleet /"nt and after Any pmon, /i'nt or corpnncion viol"ins any 0/ the previsions 0/ thi, Code '.,U be deen"d guiltY 0/ a m;'" dem..nOt, and ..eh meh pmon ,han be deem,d guilty 0/ . '","ate all'''' lor ",h ,nd ov<oy day during whioh ,oy vioI"ion 0/ 'ny of the penvislon" 0/ thi. Code i, committed, continued Ot per- mi"ed, and Upon eonvierion 0/ aoy ,",h violation, m,h p,,"on ,h,U be pnni,h- .bI, by , fino of not I.., than $10.00 nor moee th,n $100.00 or by impd"nment nOt exce,ding thieey (30) day,. SECTION 5. Defi"ltions. The /oUowing teem, shalI, foe the VU'p".. 0/ thi, Gode, havo the m..ning' indleated. B;lIbna'¿, Signbo"d Pos'" Pan,l. A bo"d, p""t or tablet u"d foe the di,play 0/ pdnted oe p,inted adveeei,ing m""r. Bnilding Official. The officer or other d"ign..ed ,uthodty ,h"ged with the admini"",ion and e%rcement 0/ thi, God,- oe hi, dnly authorized e",e"enta- dve. Bulletin or Wall Sign. A di,play ,ign or bulIetin whioh i, p.inted on Or ,""hed di",tly to the building wall ..d which extend, not ntoee th,n fifteen (H) inch.. ¡'om the /"e 0/ the wan. Clo"d Sign. A di'pl.y sign 0/ which I.., tlun /i/ty (50) per "nt of the endee .." i, "lid oe tightly endo"d or "vered. Displ,y Sigit. A Steneruee or d<vice that i, ""nged, intended, d"igned or n"d " '" ,dv"'i"m,nt, ,nnonncement oe di",tion; induding ,igns, billboan¡', poster panel, and advetti,ing devie.. 0/ .ny kind. Display SurfaCe. Th, "" made ,v,iI- ,bl, by the ,ign """'ure foe the pnepose 0/ di,playing the ,dV"'i,;ng m""ge. Elæf>'k Sign. Any sign containing demical wIring, but not iriduding ,igns illnmin..ed by an emdoe light SOO"e. Gmnnd Sign. A di'pby ,ign ,upported by uprights or b",.. in oe Upon the gtOund sutl"e. Marqnee. A peemanent "o/ed """- tn" attached to and suppomd by tbe bnilding and ptOj",ing ovet publi, Pto- p"'y. Open Sign. A di'play sign in which .. I.." fifty (50) pee "nt 0/ tl>e endosed "" " uncoveted, or op,n to the tra.,' mi"iou 0/ wind, Projæitng Sign. A di'play ,ign wbioh i, "ta,hed di"etly to th, building waU and which ","nd, mo" than /i/t"n (If) in,h.. /"m the /'" 0/ the wall. Projætion. Th, di,tan" by which a ,ign oxtend, ovet publi, prope"y Ot be""nd tho building line. Roof Sign. A di,pl,y ,ign which i. eteeted, "n"ru'ted and maintain.d on or ,bov, the eoof 0/ , buildiog. Sign. Auy medium induding ito 'troo- ture .nd component past" wbieh I, ueed as in"nded to be n"d to "'<act ",..tion to tb, ..bj"t m,"" lor ,dvmi,ing pu,- p"" o,h" th,n paint on the '.,/ace 0/ , building. C. Robm Jnstm'nn Mayoe Alvin E. Lundh Emil Stack.. J,m.. E. Brady AIl,n T. Tbol'" Councilmen A".." Leo F. Frommelt City CI"k PubH,hed of/icially in the Telegraph Herald new'papee th. 23,d day 0/ jann"y, 1975. Leo F. Feemme!t City CI"k !t. t-23. Councilman Stackis moved final adoption of the Ordinance. Second- ed by Councilman Brady. Carried by the following vote: Yeas - Mayor Jmlmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. ORDINANC'E NO. 6.75 An Ordinance Regulal;ng The Erectln\ Mai'ntain,;ng, Repaidng, Servic'lng, Installing, Alte'ring and In.poclion, o,f Signs Within the C'¡¡y of Dubuque, Iowa; ancl Prov;ding fô,r Fees for Such In. spection .,od Provicling /orLI- censing ofConlractors, Bo'ncl'Ing for $;9ns e,nd Penalli.. for Vio. I.lion ofSaicl Orc!in.nce, Said Ordinance having been preViously presented and read at the Council meeting of December 16, 1974, presented for final adop- tion. ORDINANCE NO. 6.75 An Oedi",neo "gnlating the e"..ing, maint';ning, "p,iri.., "rvieing, inst.I- ling, al"dng and insp,..iou of ,ign, with- in tbe City 0/ Dubnqne, Iowa; and peo- viding lor lee. /"roueh in'p"tion ,nd peoviding lor liee.,ing 0/ conte"'O.., bonding for ,i8" aod penalti.. for viol,- tion of said O,dinoneo. 40 Special, Session, January 20, 1975 ,Sign Strodn". Any "rncture wMch s~ppo.rso,' i"'pahle of'supp."in8 any sign.. dolined i. 'this Code.' A sign st'nO- tnrem'y ho a sinsle pole and ,,"ay or ,"ay not he a.inte8'al p"t of rhehuilding," ;Trmpamy Sign or Benn". A dlop¡'y "8n, hann", Or orh" , adv"tising d"i" constructed of eloth, "n"s, fah,;c °' oth" light, tempomy m",tiaI, with or without a "mctu,,! f"me, intended fo, a limited' petiod of disp¡'y ineluding deco"- tiv< displ,ys fo, holidays' °' public demon"",ions, SECTION 6. Genml. f.P"mlf. (a) No display sign, sigri' ho"d or hillb..,d shall hemft" "be "ected, or a",ched to, smpended from °' suppomd on a building or structure "r p¡'ced on the gmund until a p"mit for the s,me h.. been, i,sue,d by' the Building Offici.!. , ' (b). No p"mit, for a "display sig., signb..,d., or, billho"d ,hall, be i...,d, until the reqnisite indemnity h.. bee. provided,. 2. ,¡¡..",ptioo. 'l'he p,oyisions of this a,tide, 'except, "'O safety, ,hall not apply to'a:sisn nocmoreth", one squ"- foot in area ""i.g m"ely ,the name and P'9fession of an occnpant; no, to a sign, not ex",di"g 10 sqn'" feet in .reaon a, public bnilding, "'ting only ,the name °,, n,tnre of ¡he occnpancy and irifor",a- tion .. io tho condhionsof u"orad- mi..ion; nor ro a ,,\,aIi sign no,oxc,eding 21 sqn'" feet, in ",,; nor to a .round sign, .dye.rising in .eithe' ",e rh" s,le or "",,lor rbe premi"s npon )'thieh i, is maintoin,d, not, ov" 9 square fee,t in ",a; nor "to signs ,"'ted by tk mnnici- polity; nör to signs ih""e an integ,,¡ pa" of a buildhig. , " ), 'l'h, p,ovision' of this a.ricl, shall bi valid only in so far.. thoy'do not in,id", ,with the Zoning Ordina"", of th,Munidpality oroth" ordinances adopted or to be adopted. SECTION 7. AI/mtiom. , I. Strodnrel. No disp¡'y"ign. sign- board' 0' billboard ,hall hmafter be alt",d, rebuilt, ,"Iarged, extend,d or re- locaO,d ",Opt in conformity with' the provisions of this artiel,. 2. Moveble p"", The changing of movabl, p"ts of signs, signbo"ds °' bill- bo"ds that '" design,d fo,chang", or ¡he rep;inting of disp¡'y m;<t" or, trim shall no' be. doem,d to be aI",a,ions with- in 'th, moaning' of thi, ,,"tion. SECTION s. Comtruction. '. J. (a) Display .ign, placed against 'the "t"ior walls of the build;ng' ,hall no' ;"rend more,thart'Sinches out,id,'ofth, ",all ,udac'. (b). Such sign, shall not' <xcoed 40 squ"e U" in ato', nnl,..made of non- combn"ihlo m""ials. . provided, thac monldings, ",ppings artd frame may be o¡'wood. '(c). Sneh .isns ,hall not ,"'nd beyond the ends of ,h, wall surface °" which they' '" p¡'"d, excOp' to moet and join anOth" panel running" .. right angle to "me. (d). W,ll .Jgns ,hall b, ..curoly at- ta,hed to the building by m"ns of me,,1 anchors, holts, exp,..ion screws, or oth" method appreved by the Building Official: Sign, shall not b,fa",n,d by nails Ot "aples re wood,n block. or nailing strips bnilt into th, m..onry. (e). W,ll bull,tins of. ,ith" painted or po"", type, wh,n in"all,d within Pire Zone No.1 shall be of noncombuSt- ible ma,erial, ,p,ovid,d that monldings, capping, ¡'ame. for face, trim and Stdng- "" m" be of ,wood. Wh,n ,snch wall hnll"ins havo ;p,oje,tio'; of more than , inch;s, .. d"r distance of not Ie.. than 7, f," 6 inch" shall ~e maintained. , 2. Projecting Signs. (a). No, proi",ing sign ,hall p,oject f,om <he face, of th, bnilding 0.' "rnctnre ov" <he s""", all", °' oth" 'Pnblic ,pac" beyond ,a line drawn perpendienlar from a lin, on," foot inside th, "u,b line. When additional set-baçk, is required, b'can" of""" lighting 0' bonlevatd lamps, the ","back "hall b, s,nfficien, , so ,hat ,aidosisn or signs ."hall in no way obStruct °, in"""e with, said "re" lighting or bonlmrd lamps, (b).,Snch,ign' ,hall be ",I",t 10 f", in th, elear b"w..n, the 10w'St point of anyprej"tionand, the ,idew,alk" im- m.di"oly,below.. (c). P,oj"ting, sign' shall besecn,ely attached to tho building 0, ",nmn,e by boltS, anchors, chains or. , guys of such ,yo;, and design' .. provid,d by th, Building Official. ,'). Grm"d Signs; (a). Greunddisplay -signs shall not ;"..d '0 f", 'in heigh, obove the ad- ja"nt gronnd .Ievol: (b). Within th,Pire Zone No. I,nch .Jgns,'wh,nmore,th>n'IS feet'high, shall be constrncted of,'noncombnStihle'mat,r- ials, except that mondings, "pping" "im, ftame for faces and stdng".may be of wood. ' 4. Roof Sigm. (a). Display signs that "e placed above or "'ppor"d on the top of a build- iugo, structure ,hall be con",ncted òf noniombn"ihl, m""ials, eXcep' the mouldings, "pping', trim, frame fo, faces ond sttingm may be of wood. .' (b). An open 'pace of not I,.. than ) foo' shall be main"ined below ,he hoÚomof th, sign, except for n'ce""y vitticàl snppotts. Any ,ign, inelnding face ,ide or ,nds, ,hall no' be set do"r ,han ) feet to any firewall. If a 6 foot open sp;ce bolow ,ign is.p,ovid,d, th, 3 foo, ..t-back shall no, b, "quired. (e). No ,ign shall be so placed" to obstruct or inredm. wi,h . reqnired doo,way °" othOt ¡'qui',d ,"ni,...,." 'df ;gre..;' or' so " "0', prevent fr.. pa"ag' from on, part of . roof to any oth" par' ,hmof. Special Session, January 20, 1975 ", Ltghting Reflecto,,- Lighting refl,ctors may p,oj", beyond th, face of th, aign .. required for preper lighting, SECTION 9. D"ign. All signs ,hall be designed acco,ding to generally a",ep"d ,ngineedng ptactice to withSt,nd wind pre..nres .. specified in the following table. The ioads ahall b, di",ibn"d to th, "ructutal members of th, building Ot structnre in ,neh a way that thes, m'm- bm will not b, ove"'re",d. Tahle "pre- sents 'hod'on"l p"'sn"" appli,d to the p,oj,'tod, "po"d "'a, aUowing, fo, wind ¡'o'" ,'ny dir"tion. Height f,om Wind Gronnd to Pre..ure Top of Ponnds per Sign in Square Poor: Poet; Solid Signs Open Signs Up to )0 f", I! 2! )1 to '0 feet 2! " " to 99 foet JO 40 '100 to 199f", ¡¡ '0 200 to 299 f", 40 ¡¡ , Signs,i" which the projee"d ar" ex- poStd to tho wind consists of 70 pe' cent or more of ,he g'o", "" as d,ter- miriedby the overall dimonsions shall be d"s.d as aol1d sign>: thos; in whIch the projected expo"daroa i, d"ived from op,n 1""", figure" stripe, ,nd st'uctnral frimins m,mbe,", ,he aggreg'" total ar" of which is I,", than 70 p" cent of thog,o.. am '0 d""mined,shall be el..sed às ¿pen ,ign'. SECTION 10. Lice..,. Any person, firm orco,pomion desiring to ,"ain"in, alt", r.pair, ..nie" in",il ," remove signs, billboards or signb..,ds, .. co""d by this ",ide, regardIe.. of the size or w.eight,hall first apply to the City Coun- cilof the City of Dubuqne for a license to do so, ..id licen" to b, in ,he amonnt of $100.00 p" year, payable annually on the firSt day of J,nnary of "ch year, except that no licen" shall b, reqnired for the install"ion of a g,onnd sign no, ",eeding nino square foet in ar", ad- vmi,ing the ..Ie °' ren,,1 of a lot or pareel of property, ,nch ,ign to be located on the premi... so adVèrti"d. SECTION 11. PeNni" end Bonda. P"mit fees ,hall be provid,d fo, as limd inth, following tabI,. ~Ev"y person, firm 0' corPOta';o. d,iiring '0 ere" a sign, signbo"d or bill- bo"d, .hall fir" ""ute a bond '0 the City of Dnbnq.e, conditioned for the payment of no, 1,.. th,n the amonn" " sp,dfied in th, following table; said bond being, furth" conditioned to ind,mnify and hold the City of Dnbuqne harmle.. from any ,nd all damag", 1°", judgmen" and coSt which may ari", occnr, °' be suStainod by "id City of Dubnqu, by r"..nof ,he "'ction, hanging or maln- tinanceof ,uch sign, signboard or bill- board, and conditioned furth", that snch p,,"on,fi,m or ,o,poration sh'!l also 41 p,omptly repay 'ò the City of Dnbuqne any and all "p,n" 'nd outlay incu",d by i" by "',on of ,ny ofth, provi,ions of thi, Anide. Said bond is to b, ap- proved hy the City Conncil and ren'wed ,nnnally btfore th, first day of Jann"y of 'ach y'ar, and failure to ren,w such bond shall op""e as , t"min"ion of the p"mit g"n"d as herein provided for, and th, sign, signboard or biBbo"d """d °' hnng nnd" °' by virtn, of snch permit ,hall be tak,n down and removed from such premi", within five d,ys, and if not "ken down or "moved within ..id time, the Boilding Offidal ,hall remove °' cause the same to be removed imm,diatdy,and the City Coun- cil shall. rccov" the 'expense of such re- moval und" ,h, condition of said bond. Th, bond "quirement on signs, sign- board, and billboards as h"ein con"ined shall b"eby apply to all such signs, sign- boards; .ndbillboard> h'retoforo ",,"d and exI"ing at the time of the enactment of this code. Signs, Signboards 'or Billboards up to 10 sqnare fo" inar".. P"mit Bond Weighing I"s than 100 pounds """ """,$ 3.00 $1000.00 Weighing 100 ponnds ' °' °'" ",".. "" "'" " , ",,$ '.00 $1006.00 10 to 29 'quare f"", ..,$ 6.00 $1000.00 30 to 99 >qnar, f", "",,$ 7.00 $2000.00 100 'qu"" foet or ov" $10.00 $)000.00 The foregoing provisions "garding ,,- qn¡red bonds shall 'pply wh..snch ,igns, signboards °' billboards proj", out or ov" pnbli, p'opmy °' when pI",d io ,"eh a position °' lo"'ion ,hat the heigl... of such sign, signboard or billbo"d, above the adj"ent ground levd, pins ten (10) feet, excoecis the m'..nred diStance from ,uch s¡gus, signboard, 0' billb",ds '0 any pnb:ic Stre" .. defined in thi, code. (See definition for "",eet.") Any sign" siguboards or biBboard, e"",d on priVOtt p,op"ly that do not fall Within the foregoing "qnirem,nt sh,1I be exempt from bonding.. h",in pro. vid,d. Any p",on, firm or corporation own- ing or main..ining a ,ign 0' ,igns, may futnish to the City of Dnbuque, in lien of the individnal bonds re£e",d to in the foregoing, a "nifi"'e of Ii,bili,y, in such form and wi,h snch surety" i, ""p"bI, " ,aid City, in an amonnt riot Ie" than $10,000.00 pròpmy dam ,g. and $>0,000.00 bodily inju,y liability tov,,- ag', so conditioned as to hold ..id City h"mI", from any daims of wbatev" ki"d °' n"nre, ari,ing ont of or by r,,- ,on of the mction, hanging or maiò"n- once of ,nch ,ign or ,igns. SECTION 12. S,verebility. Shonld any "ction, p"ag"ph, "ntence, c¡'n" or phta" of this O,dinanceb, declared In- valid or nnconStitntional, £°' 'ny re"on, th, remaind" of said O,din,nce ,hall no' be ,ffeeted th",by. - 42 Special Session, january 20, 19'75 SECTION 13. Effective D,I<. Thi, 0," diu'"" .h,ll b, in full f"",,"d .df,« i,nmodi,,'¡y upon ¡to .H",lp,""" 'p- p,ov,l ,"d public.tion " ",ni<od bybw. ¡nt"duccd ,h, '",hd,y of Dcc,mb", 1974. Rul, ",uiting ",din, on ,h", "p"", day, ""p,nd,d by u","imo", vote th, h;,h day of Dcc,mb", 1974. p".cd by ",o,dcd tOll "ll vote, .dopt- cd ,od ,pp"yed ,hi, 20th d,y of J'ou- "y, 1975. C. Robe" Juotm'"" M,y", Alvi" t. Lundh Emil Stock"~ ' J,mJ, E. n"rly All,. T. Thorn' Cou"èilm,n .. A«,," Leo F. F,ommd, Ci,y Clerk . Publi,h,d'offiÛ,lly inth,'felég"ph Hmld'N"",p,p,,'thi.' 23,d, d,y of J,"U"y 1975. ' , 'L,oK Frommel, Ci,y Clerk n. 1-23. Councilman Lundh'mo\,edfiîÜll adopti6nOf the Ordinancê.' Sec- onded byCouncÜm~n Thoms.'C~r- riedby the,..following vote: Ye,ns --,-Mayor JustmannrCoun, cilmen: Brady, Lundh; Stackis, Thoms. '. Nays.~None. " , January 17, 197-5 Honorable Mayor and . Councilmeu' , , On November 22, ,1974 the Plan'- ning and Zoning, Commission had transmitted a recommendation in favor of reclassification of My-Cap Vendors property from Single Fam- ily Residence to Multiple Resi- dence District,' with iRclusion in subparagraph (i) to permit off- strect parking. The Council had tabled that recommendation ':ind had asked the Solicitor to prepare an ordinancëproviding' for off- street parking lots in Single Fam- ily Residence Districts. Such an ordinance was transmitted to yo\!, and was then referred to the Plan- ning and Zoning Commission for their recommendation. On December 18, 1974,themat- ter ,vas returned to the Planning and Zoning Commission. The Com- mission àffìrmed that it ,had acted on the .original petition in aware- ness thàt the Multiple Residence zone on the My-Cap property might also provide for its use for apart- meRt purposes, and had approved thc petition on that basis. It had been determined that the 'My-Cap pr.opertw waS sultabl" ,or mulrtiple residential uses bec..Rse of its lo~ cation abutting a Light Industrial zone 1\nd because of its frontage an an arterial street. The propmal to permit off'street parking lots in other residential districts had earlier been consid- ered by the Commission and was included in its original draft of a new Zoning OrdlnaRce. Similar pr<>visions are now underconsid- eratim in our current draft or. d¡nance, but woutd make proposals for'off street parking lotssll'hject to, more precise scrutiny by, the Bôardof Adjustment. The Commis- sion'sview i,that the proposal to permit off-street parkiug lots in all ~.esidenlial zones isl1otnnre~- son~1:¡le but can be more. appro- priately and effectively' ,imple- mented In , the new Ordinance. In light, of these, ,considerations" the Cómmission has declined. to ,make any recDffiRlendations eithenfor at against the proposed ordinance aR,imdment at this time. It shouid 'be noted that the drdinance reçlas~ifying the Jl4y-Cap pro,perty to Multiple Jtesidencç District and the proposedord¡- nance per,mitting off-street ,parking Iûcts in Single Family Residential runes now,have equal, standing 'be,- fore the Citw Council and you may proeeed to public healing OR ei- ther one. The Planning andZon. ing Commission, however, ,has chosen 'to reaffirm its recommen- dation for Multiple Residence Dis- trict çlassification as the preferred alternative in this case. ' ' City Planning a!1d, Zo!1ing Commission Daniel Dittemore Development Planner CounciI'man Brady moved that the communication be received and filed. Seconded by Councilman Staekis. Carried ,by the following vote: Yeas-:-M~yor JustmaRn, CounciJ- men Brady. Lundh, Stackis, Tboms. Nays"..cNone. .AN, 0~DINA.NOE amending'Or- dinance No. 3-34, known as thé "Zoning Ordinance and 'Zoning Map of the City of Dubuque, Iowa", by amending Article IV, Section 2, Suhsec.tion (i) there,of to permit off street ,parking withiR the following described area: Lots Special Session, Jnnuary 20, 1975 43 1, 2, 3, and 4 Of "Humboldt Addi- tion" in the City of Dnbuque, Iowa, presented and read- Council- man Brady moved that the read- ing jUsù had be cOnsidered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas Mayor Justmann, Coun- cilmen Brady, Lnndh, Stackis, Thoms. Nays-None. CouncilmaR Brady moved that the rule requiring an Ordinance to be' read on three separate days be waived- Seconded by Council" man Stackis. Carried by the follow- ing vote: Yea8---'Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Councilman Brady moved that a public hearing be held on the ÛTdinance on February 24', 1975 at 7:30 o'çlock P.M. in the Council Chamber at the City Hall and that the City Clerk .be instructed to publish notice of the hearing in the manner reqnired by law. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms, Nays-None. January 17, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on a petition of Table Mound Park, Inc. requesting reclassification from Multiple Residence District to Local Busi- ness "A" District on property de- scribed as follows: Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Annie Waller's Subdivision NO.2 in Sections 1 and 12, Township 88 North, Range 2 East of the -5th Principal Meridian, Table Mound Township, in the City of Dubuqne, Iowa. A petition bearing 31 signatures and indicating no objection to the proposed zoning recla..ification was reeeived bv the Commission and is herewith transmitted for your' information. Also, there was no orai objection voiced at the public hearing. The Commission has made a stu- dy of future development plans for the Key West area and has found that restrictive commercial uses are apprc>priate on the west side of Rockdale Road north of Maquoketa Drive. The Local Busi- ness "A" classification is consist- ent with this objective, and the Commission has recommended that the petition be approved. City Planning and Zoning Commission Daniel Dittemore Development Planner Councilman Thoms moved that the' communication be received and filed. Seconded ,by Councilman Lundh. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tboms. Nays-None. AN ORDINANCE amending and changing Ordinance No. 3-34, known as "The Zoning Ordinance And Zoning Map of the City of Du- buque, Iowa" so as to change Lot 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of Annie Waller's Subdivision No. 2 in Sections 1 and 12, T88N, R2E of the 5th P.M., Tabie Mound Township, in the City of Dwbuque, Iowa, from "Multiple Residence District" Classification to "Local Business 'A' District" Classifica- tion, presented and read: Council- man Thoms moved that the read- ing just had be considered the first reading of the Ordinance. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays~None. Councilman Thoms moved that the rul,e requiring an Ordinance to be rèad on three separate days be waived- Seconded 'by Council- man Lundh. Carried by the follow- ing vote: Yeas-Mayor Justmann, Conncil- men Brady, Lundh, Stackis, Thoms. Nays-None. Councilman Thoms moved that a public hearing be held on the Ordinance on February 24, 1975 at 7:30 o'clock P.M. in the Conncil Chamber at the City Hall and that the City Clerk be instructed to pnblish notice of the hearing in the manner required by law. Sec- onded 'by Councilman Lundh. Car- riedby the following vote: Yeas-)VIayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. 44 Special Session, January 20, 1975 January 17, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a pubiic hearing to estabiish the Single Family Residence District classification on pr<>perty recently annexed to the City of Dwbuque, Iowa and known as "Jungwirth's Morocco." The Commission has determined that the rugged topography and predominant residential character in the vicinity of "Jungwirth's Mo- rocco" would severely limit the de- sirability of expanding commercial activities in this area. It was also noted that the property had been classified in a Single Family Resi- dence district in the Dnbuque County Zoning Ordinance prior to its annexation. For these reasons, the City of Dubuque Planning and Zoning Commission has recom- mended that "Jungwirth's Moroc- co" be placed in the Singlc Family Residence District. City Planning and Zoning Commission Daniel Dittemore Development Planner Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. AN ORDINANCE zoning and classifying recently annexed "Jung- wirth's Morocco" as a "Single Fam- ily Residence District", presented and read. Councilman Thoms moved that the reading jnst had be considered the first reading of the Ordinance. Seconded by Coun- cilmaln Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Councilman Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Councilman Thoms moved that a pwbiic hearing be held on the Ordinance on FebruarY 24, 1975 at 7:30 o'clock P.M. in the Conncil Chamber at the City Hall and that the City Clerk be instructed to pubiish notice of the hearing in the manner required by law. Sec- onded 'by Councilman Stackis. Car- ried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. AN ORDINA;NCE amending and changing Ordinance No. 3-34, known as "The Zoning Ordinance and Zoning Map of the City of Du- buque, Iowa" by repeaiing off- street parking as a supplementary use within the multiple residence district as proved by Swbsection (i) of 'Section 2 of Article IV, and by adding a new Subsection (n) of Section 1 of Article II in iieu there- of to permit parking lots in the single family residence district as a special exception upon authori- zation by the Board of Adjustment, presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Councilman Brady moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Stackis. Carried -by the fol- lowing vote: Yeas-Mayor Justmann, Conncil- men Brady, Lnndh, Stackis, Thoms. Nays~None. Councilman Brady moved that a pubiic hearing be held on the Ordinance on February 24, 1975 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instrncted to pwblish notice of the hearing in the manner required by law. Sec- onded .by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Petition of Neldia Jane Fitzgib- bons requesting refund in the amount of $50 on unexpired por- tion of Cigarette License No. 472, discontinued business on Decem- ber 19, 1974,presented and read. Councilman Lundh moved that the refund be granted and the City Au- 45 Special Session, January 20, 1975 ditor directed to issue proper war- rant. Seconded by Councilman Stackis. Carried by the following vote: Yeas~Mayor Justmann, Conncil- men Brady, Lundh; Stackis, Thoms. Nays-None. Petition of Neldia Jane Fitzgib- bons requesting a refund in the amount of $211.25 on unexpired portion of Beer-Liquor Lieense, dis- continued ,business on December 19, 1974, presented and read. Coun- cilman Lundh moved that the re- fund be granted and the City Au- ditor directed to issue proper war- rant. Seconded 'by Councilman Stackis. Carried by the follOwing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. estimate showing the cost thereof including the cost of estimates, notices, ,inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $12,340.00. That $ none of the cost thereof shall be assessablc upon private property and $12,340.00 shall -be paid ,from the Sanitation Sewage Rental, Fund of the City of Du- buque. Passed, adopted and approved this 20th day of January, 1975. C. Robert Justmann 'Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Petition of Philip G. Marti ex- pressing an interest in the pur- chase of Lot 153 in Lennox Addi- tion located at 2888 VanBuren Street, presented and read. Coun- cilman Lundh moved that the pe- tition of Philip Marti be referred to the City Manager and City So- iicitor. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. January 17, 1975 Honorable Mayor and City Council The Cedar Street Lift Station Valve and Sluice Gate Modifica- tion has been completed substan- tially in accordance with plans and specifications by Fondell and Sons, Inc. of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication ,be received and filed. Seconded by Councilman Bra- dy. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. FINAL ESTIMATE RESOLUTION NO. 17.75 Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. (A Resolution Accepting Improvement) RESOLUTION NO. 18.75 WHEREAS, the contract for the Cedar Street Lift Station Valve and Sluice Gate Modification, 1974 has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed aecord- ing to the terms of the contract, plans and specifications and rec- ommends its acceptance, now there- fore, BE IT RESOLVED, by the City Council of the City of Dwbuquc, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor the amount of his con. tract, less any retained percentage provided for therein. WHEREAS, the contract for the Cedar Street Lift Station Valve and Sluice Gate Modification, 1974 has been completed and the City Engineer has submitted his final 46 Speciál Session, Ja:nuary 20, 1975 passed, adopted and approved this 20th day of Jannary, 1975, C. Robert Justmann Mayor Alvin E. Lundh EmU Stackis ;James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion oflhe resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas-Mayor Jnstmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. January 16, 1975 Honorable Mayor and City Conncil 1 submit for your consideration a resolntion anthorizing the Ma- yor to stgn a Contract for Public Employment with the State Office for Planning and Programming. I recommend that the contract be signed. 1 attach a copy of a ietter from Mr. Gordon Bennett in which he indicates an allocation of $85,000 to serve unemployed residents of the City. On January 14th he and his associate, Waiter Salomom, re- viewed the Employment Program with, the Mayor and the Manager's office. From this discussion, it ap- pears tbat the important reason for the contract is that the city staff can conduct the program ex- peditiousiy and adapt it to our local needs. GilbOrt D. Chavenelle City Manager Councilman Thoms moved that the communication he received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 19.75 -WHEREAS, the Federat Govern- ment has enacted the Comprehen- sive Employment and Training Act Title VI and has made funds avail- able to hire unemployed people; and WHEREAS, the Goverfior of the State of Iowa, through the Office for Planning and Programming, has designated the City of Du- buque as a Program Agent, and has allocated funds in the amount of $85,000.00 to serve unemployed residents of this city; and WHIDREAS, it is required of the City, as Program Agent, to .ubmit an employment plan and contract with the Iowa State Office for Planning and Programming: NOW, THEREFORE, BE IT RiE- SOLVED by the City Council of the City of Dubuque, Iowa that the Mayor is authorized to sign the Contract for Pu'blic Employ- ment with the Iowa State Office for Planning and Programming. Passed, approved and adopted this 20th day of January, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Staekis Allan T. Thoms Councilmen Attest: Leo F: Frommelt City Clerk Counicilman Thoms moved adop- tion of the resolution. Seconded by Councilmau Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays-Councilman Brady. Communication of Paul D. Speer & Associates advising of discussion with the City Attorney as to a pro- posed resolution providing for pub- lication of notice of a public hear- ing on the proposed Hospital Fa- cility First Mortgage Revenue Bonds, presented and read. Mayor Justmann moved that the commu- nication be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Mr. D. L. Hammer, attorney for Finley Hospital, addressed the Council expressing their "Thanks" and "Appreciation" given to them from Council concerning The Fin- ley Hospital Project. RESOLUTION NO. 20.75 RESOLUTION fixing a date for hearing ,on pMpos,ed Hospital Facility First Mortgage Revenue Special ~eßsjon, Janu¡uy20, .1975 Bonds' (The Finley Hospital Project), Series A * * * * WHEREAS, ,the City of Dubu- que, a municipality and political subdivision ;u the County of Du- buqne, State ,of Iowa (the "City") is authorized by Chapter 419 of the Code of Iowa, 1973, as amended (hereinafter sometimes referred to as "Chapter 419") to issue revenue bonds and loan the proceeds to QUe er more contracting p,artiês to be used to pay the co.stof land, build- ings and improvements suita:blê for the Use of any voluntary noj¡: profit hospital; and WHEREAS, the City proposes to 'ffireke the neces'sary arrimge- ments with The Finley Hospital (the "Corporation"), an profit corporation, for ing (as hereinafter desctlbed1 of the improvement of, and plfrchitse of equipment for,' Us voluntary nonprofit hospital located in the City (hereinafter sOmetimes refer- red ,to as 'the "Pro)éct"); and WHEREAS, the location of this Projeet Within the 'City will im- prove the generàl health and wel- fare of the inhabitants of thê cì.ìy; and ' WHEREAS, in order'to'êipedUe the anticipatedpUbJiC henêfits and avoid delays which would' other- wise occur pending the' completion of the procedures necessary to' be Càrriè<Ì' ont 'by ,the City to 'make the required fuMs available, aM to cnable the Corporation to pro- ced with and complete the Proj- ect, it is considered necessary and desirable that the Ci¡y provide ,sat- isfactory assurances t,hat the pro- ceeds <of the' sale '0£ ,the proposed hospital facility revenue bonds, when issued will be made available to finance the, 'Pro,jeet; and WHEREAS, U" is' deemed neees- ~aryand advisable £01' the promo- tion of the general health and wel- fareof the inhabitants ,of the City, that the hospital Jacìlitiesbe ac- quir,ed, improved a:nd'equlpped, as aforesaid, and that. the City take such action as may be required un- der '¡pplteable sta,tutory provisioas to autho,rize and issue the' Series A Bonds,as hereinafter defined,'to finance the cost of the Proj'ect as hereinafter described; and WHEREAS, the aggregateeost of the Project, including amounts 47 aeçessary to,' rep<>y ,eo.Rs\¡'lIctïPlI 10aRsobtained byth,e Corporation until permanent financing could be ,arranged, has ,be'enestimated to be not less than $~,250iOOO., and It is ¡>ro.pased to pay the cost of the Project, to that ,amount, thrm¡ghthe isawançe 'of the Hos. pital Facility First Mortgage Rev- eRue Bonds (The Finley Hospital Pl'ojeet), Series A Ithe "Series A Bonds") in that amount, but it is first necessary to conduct a public he,arin¡g on the proposal to issue th.eBonds, aareqnired and provid- ed by Section '419.,9 of .the Act; 'NOW, 11HERI!)FöRE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, asfoliows: Section 1. That this Council meet at' the COuncil'Chá1n~rs in the City H,all in s,itld' City on the lOtb day Of F'ebrùilry, 1975, at 7:30 o'clOck' P.M:, at, which 'time and place a public 'I1earlngs,haîl he held on the proposil¡ ,to' issue the Hospital,' Facility First Mortgage Revenue Bonds (The Finley Hos- pital' Projèct), Series A, in the amount of $4,250,000., as referred to in the "preamble hereof, and at whicithearin.g. ,all !J¡caI.residents who ap,pear shall b,e given an op- portunity to ,express their views for or,against the pr,oposal to is- sue the Series A Bonds. Secti,on ,2. The City Clerk is here- by directed to give notice of in- tention to issue the Series A Bonds 'by pnblicatlon at ieast once not less than fifteen (15) days' prior to the date fixed for the hearing in The Telegraph Herald, a legal ne)Vspaper published and having a general, circ¡tlation Within said City, in s¡¡bstantially the following form: NOnCE OF INTENTiON TO ISSUE HOSPITAL FACILITY FIRST MORTGAGE REVENUE BONDS The City Council of the City of DUbuque, in' Dubuque County, Iowa, will met On the 10th day o.f Febrnary, 1975, at the . Council Chambers in the City ,nall, Dubn- que, Iowa, at 7:80 o'clock P.M., for the purpose of eonducting a public hearing on the proposal to issne Hospital Facility First Mortgage Rl¡venue Bonds .(\!'he Finley Hos- pital Proj,ect), Series A, of said City, in the principal amount of $4,250,000, for the purpose of loan- ------- 48 Special Session, January 20, 1975 ing the proceeds thereof to The Finley Hospital to defray the cost, to that,'amonnt, of theácquisition of certain equipment ,and improve- ments by said COrporation, includ- ing the repayment of construction loan" obtained by the Corporation until permanent financing could be arranged,all to he located on a site within the .city. These bonds, when issued, will be limited obliga- tions and wH! not constitute gen- eral obligations of said City, nor will thêy"hê:payabte,in:anyman- ner- by: taxation, 'bnt said bonds wilt bepáy,ablesolely' ând only out of tbe revenues to, be derived by saidCity,,4J;om a Loal! Agreement betweep said, City, aI)¡: ,The Finley Hospital. " , At ;thetime )'I!dpl~cefixed for said public, ,heapng au. local resi- d<mts who.appèarwill-be given an opportùn1!y,' to express their views for:or again§t the proposal to is- sue said,bonds, :By,order of the':Ciw'"Councii Jal!uarY' ,20, 1975, ' , Leo F,FrQmme)t , .city', clerk' Section ,3. '¡'hat tIí",City of Du- buque, þereby,rec~~fz,,(thåtac-- tions taken and to be taken by the Corporation in connection with the acquisitlortántl constructión of the Project have been antt will be tak- enih reliance upon ,the willingness ôf the 'City to Cooperate' in the ¡ fiiiancing'of this Project tlIrôngh: the issuánce of the above described' Hospital Fácility First 'Mortgage Revenue' Bonds (The Finley Hos- pital Project), Series A. Section 4. That all¡esolni\óns Ór parts' there,of in cortflict herewith be and the same are hereby repeal- ed, and, this resoljltion shall be ef- fective 'forthWith upon 'its passage and,apprOval. " Passed and approved January 20, 197'5. C Robert' Justmann Mayor Attest: ' ,Leo F. Frommelt City Clerk, ' Recorded,January 20, ~975, Leo F. Frommelt City Clerk COl,mcilmanStackis moved adoP- tion ôf the resolution. Sèconded by CollÙeilman Brady.' Carried: by the following vote: ' - " Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. RESOLUTION NO. 21.75 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 gránt- èd"åndpermits issued upon the complianct, With th,e terms of, the Ordinances of the City. CLASS' "C"BEÉR P'ERMIT Johh, 'J., ÍIèiderstheit, Johnnie's Market; 1278Ce!ltral Avenue Passed" adopted and approved this: 2Oth!!ayof Ja.!luary 1975. C. 'Robert Justmann " Mayor Alvin ,E. Lundh Emil Stackis JamesE. 'Brady Allan '¡'.Thoms Conncilmen Attest:, .',' Leo F. Frommelt City Clerk ,,' Cojlncilman ,Thoms'movedadop- lion ,of the resolution, Seconded by Councilman Lundh., Carried by the following v<>te¡ 'Veas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays - None. RESOLUTION NO. 22.75 WHEJREAS,applications for Beer Permits were filed by the within named applicants and they have re- ceived the approval, of this Coun- cil; , and WHEREAS,' the premises to be occnpied by such applicants were iuspected and found to comply with the Ordinances of ;this City and tMyhav,e filed- proper bonds; NOW THEREFORE BE IT RE- SOLVED hy the ,City Council of the City of Dubuque, Iowa, that the: Manager, be,' authorized to canso to be issued to the follow- ing named' applicants a Beer Per- mit. CLASS "C:" BEERPlifRMIT John J: 'Heiderschèit/'- Johnnies Marl<et, 1278 Central Avenue 49 SpeciatSession, January 20, 1975 Passed, adopted and approved thts 20th day of January 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan ,'I'. Thoms Councilmen Attest: Leo F. Frommelt Clty Clerk Councihnan Thoms mov,ed adop- tion of the resolutton. Seconded by Councilman Lundh. Carried by the following vote: , Yeas - Mayor JuStmann, Coun- cilmen Brady, Lundh, StâC)rls, Thoms. Nays - None. TMre being no further business, Councihnan Thoms moved to ad- journ. : Seconded, by, Councilman Lund'h. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Leo F. Frommelt City Clerk Approve!! ....................................19711. Adopted .......:..................,...........19711. """""""""""""""""""""""""""""" Mayor """""""""""""""""""""""""""""" """""""""""""""""""""""""""""" ............................................................ """""""""""""""""""'ë~-;¡~~¡¡;:;;~~ Attest: ""ëiïÿ"ëi~~k"""""""-"""""""""'" Special Session, January 27, 1975 med and adoption of tbe resolu- tion ,be approved. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Conn- cihnen Brady, Lundh, Stackis, Thoms. Nays - None. Cotnmnnication of Dnbuque Dock Commission submitting a communication sent to the Corps of Engineers relative to the con- struction of wharf and dock facil- ities in Dove Harbor by Thruput, presented and read. Conncilman Brady moved that the communica- tion be received and filed and re- ferred to the Couneil, City Manag- er, City Staff and solicit efforts of other City Departments. Seconded by Councilman Stackis. Carried by the fOllowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundth, Stackis. Nays - Couneilman Thoms. Councilman Thoms moved that Couneilman Stackis be phiced On 'I' the Area "C" Development Com- mittee. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays - Couneilman Brady. Communication of Y'MCA-YWCA advising of their planning for the Yonth In Government program for this year and reqnesting a coordin- ating meeting with the City Man, ager's Staff, presented and read. Councilman Thoms moved that the commnnication be referred to the City Manager. Seconded by Coun- cihnan Brady. Carried by the fol- lowing vote: Y'eas - Mayor Justmann, Conn- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. COmmunication of Low-Rent Housing Commission submitting minutes of their meeting of Janu- ary 21, 1975, presented and read. Councilman Thoms moved that the minutes be reeeived and filed. Sec- onded by Mayor Justmann. Carried by the following vote: Y'eas - Mayor Justmann, Coun. cilmen Brady, Luridh, Stackis, Thoms. Nays~None. Jannary 23, 1975 Honorable Mayor and Members of Ctty Conncil Pursuant to Resolution No. 375- 74 and Resolution No. 420.74, ap- propriate legal notic€s were duly published in the Dubuque Tele- graph.Herald, a newspaper of gen- eral circulation .in Dubuque Coun- ty, Iowa, on November 7 and 14, 1974, and on December 12 and 19, 1974, inviting developers and builders to submit proposals for the development of privately-own- ed housing to be assisted by hons- ing assistance payments pursuant to Section 23 of the U.S. Housing Aet of 1937, as amended. This is to advise that no pro- posais were reoeived in response to such published notices or to other measur,es undertaken by the Department of Community Devel- opment to solicit interest in the program. Undèr date of January 21, 1975 the City of Dubuque was officially advised by the attached letter of the termination of the program. Gilbert D. Chavenelle City Manager Conncilman Stackis moved that the communication be received and flIed. Seconded by Mayor Jnst- mann. Carrted by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Councilman Brady moved that Mr. Gent Wittenberg be instructed to proceed in developing a possible plan for the implementation of a program for rehabilitation of exist- ing housing for Community Devel- opment and the investigation of a revolving fund to .be set up for the purpose of financing of the re- habilitation and .to explore the legal possibilities of plans to pri. vate owners of existing honsing with report back to City Council by March 1. Second.ed by Mayor JUstmann. Carried by the follow. ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays~None. Communication of "Citizens for Decency Thru Law" Dnbuqne Chapter, submitting copies of peti- 51 52 Special Session, January 27, 1975 tions to Governor Ray protesting massage parlors and fur.ther re- questing to be heard at the meet- ing and also presenting copy of Des Moines Ordinance, presented and, read. Mrs. Mary Lee Marting address- ed the Council relative to the communication. Mayor Justmann moved that the communication be receiv,ed and filed and referred to the City Attorney. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Jus.tmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. in the staff report "The Heritage of Dubuque," and copies of it are enclosed for your review. The public hearing brought forth no objection to the Ordin- ance. The Planning and Zoning Com- mission has unanimously recom- mended yonr approval of the pro- posed Ordinance herewith attach- ed. January 22, 1975 Honorable Mayor and ctty Council I herewith submit the reports of the Finance Director, Deputy Fi- nance Dir,ector, Water Superintend- ent, Health Department, as well as a list of claims paid, for the month of December 1974. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received and fil- ed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Notice of Claim of Vera Hanley, in an undetermined amount, for personal injuries recelv,ed in a fall on an icy sidewalk In the Town Clock Plaza on January 2, 1975, presented and read. Mayor Just- mann moved that the notice of clahn be referred to the City Sol- icitor for proper proceedings. Sec- onded hy Councilman Lundh. Car- ried by the following vote: Yeas -Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None- CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Couneilman Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by ,the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. AN INTERiM ORDINANCE au- thorizing a ninety (90) day waiting period prior to the issuance of a demolition permit for any building located within The Fourth Street Neighborhood, Fenelon Place Neighborhood, Third Street Neigh- borhood, Was'hington Street Neigh- borhood, Jackson Park Neighbor- hood, West Eleventh street Neigh- borhood and Broadway Street Neighborhood,presented and read. Councilman Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. CouncHman Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Councilman Thoms moved that a public hearing he 'held on the Or- dinance on February 10, 1975, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner reqnired by law. Sec- Jannary 24, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on an Ordinance proposing to restrain the demoli- tion of strnetures within the seven areas of the City having concen- trations of architecturally signifi- cant buildings. The basis of Identi- fication of these areas is contained Special Session, January 27, 1975 53 onded by Councilman Brady. Car- ried by the following vote: l'eas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thoms. Nays - None. Petition of V.F.W. reqnesting permission to hold Bnddy Poppy Sales on May 9th and 10th, 1975, presented and read. Conncilman Lundh moved that the petition be received and filed and approved and referred .to the City Manager for ratification. Seconded by Coun- cilman Brady. Carried )Jy the fol- lowing vote: Yeas - 'Mayor Justmann, Conn- cilmen Brady, Lundh, Starikis. Thoms. Nays - None. January 23, 1975 Honorable Mayor and Members of City Council The Fischer Realty Company has advised that It will be neces- sary to Increase the rentals for the spaces presently under lease in the Fischer Building to house the Department of Community De- velopmentand the Planning and Zoning Office. The last adjustment of rentals for ,both spaces was made six years ago, and It would appear that the operating expenses over which they have no control justify the increase requested. The Department of Community Development occupies Suite 10-B containing approximately 750 square feet. Their present rental is $170 per month or $2.75 per square foot. The new rental wll1 I be $190 per month at a rate of $3.04 per sqnare foot, per annum. The Planning and Zoning Office occupies Suite 411, and their cur- rent rental is $330 per month or $3.27 per square foot. The new rental will amount to $350 per month at a rate of $3.47 p'er square foot, per annum. Both increases are effective April 1, 1975 and we would reCOm- mend that we be permitted to execute the necessary Amend- ments to the present leases at the new rates. Gilbert D. Chavenellc City Manager Conncilman Stackis moved that the communication he received and filed as amended. Seconded by Conncilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Conn- cilmen Brady, Lnndh, Stackis, Thoms. Nays - None. RESOLUTION NO. 23.75 AUTHORIZING THE EXECUTION OF AMENDMENTS TO LEASES FOR SUlTES lO-B AND 411 IN THE FISCHER BUiLDING WHEREAS,the City of Dubuque leases from the Fischer Realty Company, on a year to year basis, Suites 10-B and 411 In the Fischer Building to honse the Department of Community Development and the Planning and Zoning Office; and WHEREAS, the Fischer Realty Company has advised that due to the increase in operating costs it is necessary to increase the rentals for both suites 'effective April 1, 197'5; and WHEREAS, said respcctive leas- es provide for ninety day cancel- lation clause. BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manag- er be and he is hereby anthorized and directed to execute Amend- ments to the following leases with the Fischer Realty Company. Department of Community Development Lea Se dated February 28, 1969 Snite 10-B $190.00 per month Planning and Zoning Office Lease dated June 20, 1973 Suite 411---$350.00 per month Passed, approved and adopted this 27th day of January, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Conncilman Brady moved adop- tion of the resolution as amended. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas ~ Mayor Justmann, Coun. cilmen Brady, Lnndh, Stackis, Thoms. Nays-None. 54 Special Session, January 27, 1975 RESOLUTION NO. 24.75 Aocepting Work Performed Un- der Demolition Contract No.1. 74 for the Downtown Urban Re. newal Project, Iowa R.15. WHEiltEAS, Demolition Contract No. 1-74 executed under date of October 7, 1974 with F. N. Smith Construction, Inc. and K. W. Gaber Construction Company for the re- moval and site clearance of Parcel 15.4 in the Downtown Urban Re- newal Project area has been com- pleted; and WHEREAS, upon recommenda- tion of the City Engineer and the Director of Housing and Redevel- opment, the City Manager has ex- amined the work and finds that the work has been completed iu accordance with the termso£ the Contract and recommends its ac- ceptance; now therefore BE IT 'RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the recommen- dation of the City Manager be ap- proved and that said work be and the same is he¡'eby accepted. Passed, approved, and adopted this 27th day of January, 1975. C. Robert Justmann Mayor Alvin E. Lnndh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommeit City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms- Nays-None. RESOLUTION NO. 25.75 Authori.ingtho Execution of an Application for a City SpIrit Grant WHEiltEAS, City Spirit is a new Nàtional Endowment for the Arts Program to provide matching grants to enOourage locat commnn- ities to bring "arts" interests and the "non.arts" int,,"ests together to consider the overall artistic and aesthetic environment in which they live and work and to CLASS "B" BEER PERMIT Special Session, January 27, 1975 55 put into action a plan which weaves the arts into,the fabric of the everyday life of neighbor- hoods and the City as a whole; and WHEREA;S, City Spirit is a ma- jor Bicentennial inillative of the Endowment to involve many com- munity interests in the exploration and planning of a community cul- turallife on an ongoing basis; and WHEREAS, City Spirit provides an opportunity for the City .of DU- buquue to exercise its leadership and croativity in cooperati{)n and partnership with many public alld private agencies and organizations to further deveiop, expand and en- hance interest in the arts in its many forms to all walks of life in Dnbuqueiand; now therefore BE IT REJSO!LVED by the City Council {)f the City of Dubuqne, Iowa: SIDCTION '1. That the Mayor of the City of Dubuque be and he is hereby auuthorized and directed to execute and cause to be submitted in association with the Dubuque Arts Council an application f{)r a City Spirit Grant to the National Endowment for the Arts. Passed, approved and adopted this 27th day of January, 1975. C. Robert Justmann Mayor Alvin E. Lundh James E. Brady Emil Stackis Allan 'r. Thoms Councilmen JFK Fast Foods, IllC., Pizza Hut of Dubuque (also Sunday Sales), 2075 J.F.K. Drive Passed, adopted and approved tbis 27th day {)f January 1975. C. Robert Justmann Mayor Alvin E. Lnndh Emil Stackis James E. Brady Allan T. Thoms Collncilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded 'by Councilman Stackis. Carried ,by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nay~None. RESOLUTION NO'. 27.75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with 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 anthorized to cause to be issued to the following named applicants a Beer Permit. CLASS "8" ,BEER PERMIT Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolntion. Seconded <by Councilman Stackis. Carried by the followin,g vote: Yeas-Mayor Justmann, Council. men Brady,Lnndh, Stackis, Thoms. Nllys-None. RESOLUTION NO. 26-75 WHEJ1!IDAS, applieations for Beer Permits have been submitted to this Council for approval and the same bave been examined; NOW THEREFORE BE rr RE- SOLVED by the, City Council of the City of Dubnqùe, Iowa, that the following applications ,be granted and permits issued npon the compliance with the terms of the Ordinances of the City. JFK Fast Foods, Inc., Pizza Hut of Dubuque (also Sunday Sales), 2075 J.F.K. Drive Passed, adopted and approved this 27th day of January 197'5. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Th{)ms moved adop- tion of the resolution. Seconded <by Conncilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lnndh, Stackis, Th{)ms. Nays-None. At 10:00 P,M. Mayor ,Tustmann moved to go into Executive Ses- sion to discuss pending litigation in land-fill area. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Council reconvened in Regular Session at 10:20 !P.M. stating they discussed matter of pnrchase price of landfill site. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Th{)ms. Nays-None. Leo F. Frommelt City Clerk Approved ....................................1975. Adopted ......................................1975. """'M~Ÿ~~"""""""-""""""""""""" ............................................................ ............................................................ ............................................................ ............................................................ Councilmen Attest: ................................-................. City Clerk