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1973 January Council Proceedings INDEX-BOOK 103 SUBJECT Page 1973 y Feb. 26-Youth Services Bureau, City Manager authorized to sign all documents, make application and pro- vide the local shade of funding from July I, 1973 to June 30, 1974. .............................................. Aprill6-YM-YWCA Community Center, submitting a proposed agenda for YOUTH in G<>vernment Days for April 23, 24 and 25, 1973. ........................................ May 21-Y. W. C. A., endorsing the continuance of the bus system. 110 192 277 Z Jan. 2-Zimmerman David E., requesting refund on Cigarette Permit No. 259. ..........................................".............. 12 April 2-Zwack Joseph P., appointed Assistant City Attorney. .. 187 June 25-Zayre Snack Bar, granted Cigarette Permit. ................ 366 Aug. 6-Zuber Helen C., Notice of Claim. ....................................437, 569 Oct. 6-Zmudka Frank L., Settlement of Suit. ............................ 522 .. 22-Zurcher John, requesting vacation of alley at end of Marquette Place. ........................................................ 555, 586 Nov. l~Zumhof Gene P.. Notice of Claim. ..................................588, 624 Regular Session, January 1, 1973 CITY COUNCIL OFFICIAL ROIIulor Session, Januory I, 1973. No members of tho City Councn being prasent tho meeting was ad. journed subiect to call. Leo F. Frommelt City Clerk Approved 1973 Adopted 1973 ............................................................ ............................................................ Councilmen Attest: ........................................................... City Clerk 1 -- ~- Adi()uITI_ed Regu~r~~=,ion January _2, 197~- I on the new zoning ordinance and I hope we will be able to bring CITY COUNCIL it together in a final draft that we WIll be able to take action upon. The expressway.freeway is- sue will contioue to be before us and I hope that we will be.. able to resolve all of the difficulties that are currently before us. I am very pleased that we have taken a more aggressive role in policy making for the city and I consider this to be one of our positive accomplishments in the past year. I hope that we will be abie, in 1973, to arrive at a policy on the direction in which city government should go in the matter of housing city government and I certainly hope that we will be able to bring together a package on renovatiog City Hall that we can present to the electorate. I think it important that we ar- rive at an annexation policy for the city. I think it important that we take some action on the Code of Ethics that has been presented to us, that we either adopt it or that we take a position that it is unnecessary. I strongly recom- mend that we elect a mayor pro tem to serve in the absence of the mayor. I strongly recommend that we update ourselves on the Urban Renewal area and that we form the Urban Renewal !tedevel- opment Committee or Land Dispo sition Committee, whatever you wish to call it. I hope that we will be able to schedule meetiogs with the various Boards and Commissions so that we can be fully conversant with the actions that they are taking. I hope that we will be able to schedule more meetings such as that which we had with the Street Department to consider the acti- vities within the various depart- ments and that way give us more background in working with our annual budgets. We will need to bring to a conclusion action on the Police Department manual. We still have considerable work to do on the subjeet of Annual Arrange- ments and on the subject of the use of Federal Revenue Sharing funds. I was extremely pleased that the Joint Law Center was approved 2 OFFICIAL Adjourned Regular Session, Jan. uary 2, 1973. Council met at 7:30 PM. (C.S.T.) Present - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pre. gler, Thoms. City Manager Gil. bert D. Chavenelle. Mayor Moldenhauer read the call and stated that this Is an AD- JOURNED MEETING OF THE REGULAR MEETING OF JAN- ARY 1, 1973 called for the purpose of actiog upon such business as may properly come before the meeting. Weekly Mayor's Report, December 31, 1972 In addition to the other vacancies that I have reported to you on various Boards and Commissions, I have been advised that Miss Jan Lyneh Is leaving the Youth Services Board of Directors and we will need to appoint a replaee. ment for her. She was a student from Wahlert High School. The Five Flags Executive Com- mittee has advised me that they will be interviewing architects for the Five Flags Civic Center and Orpheum renovation. Three local firms on January 8 and three ou(.. of-town firms on January 15. We have a work session sched- uled for Thursday evening to take up the matter of the new zoning ordinance and get us back active on that subject. As I stated In my comments on being elected mayor of the City of Dubuque, our fair city Is made up of many wonderful people. It is a great place to live, with many things to offer to all of us. I eonslder It a very great privilege and honor to have served as mayor of the city of Dubuque. We have worked on many diffi- cult and complex issues this last year and we have mauy items of unfinished business which I hope will be able to be brought to a conclusion in the year 1973. We have spent a great deal of time Adjourned Regular Session January 2, 1973 3 so overwhelmingly this past year and we will need 00 see to it that work progresses on the Law Center until It Is actually construct- ed. I am extremely pleased on the progress which was made this past year on the Five Flags Civic Center and Orpheum renovation and we should follow this activitv closely. . This last year we started the Mayor's Summer Youth Employ- ment Committee and I hope that this activity will contioue to re- ceive the wholehearted support of the new mayor and the council. This past year I started the May- or's Weekly Report on the Dubuque TV-FM Cable 10 and I hope that the new mayor will contioue this. I believe that an informed citizenry is going to be more receptive to good government and I have re- ceived many favorable comments about the fact that the mayor would make this weekly report to the people. Because of the many events, meetiogs aud conversations in which the mayor Is involved in the eourse of his civic duties, I I started the Mayor's Weekly Re- port to councilmen in the hope that I could keep you advised and informed on my activities and I also strongly recommend that the new mayor contioue this so that the rest of the council can be briefed on his activities through the weeks. Let me close this final Weekly Mayor's Report by giving my thanks to you members of the council and to the members of the staff of our city government for the long hours that you put in carrying out your duties. Once again, let me thank you for the privilege and honor of serv- ing the city of Dubuque as Its mayor for the year 1972. Wayne A. Moldenhauer Councilman Pregler moved that the communication be received and filed and made a matter of record. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, ' Pregler, Thoms. I Nays-None. Councilman Pregler moved for a vote of appreciation for the reo tiring Mayor. Seconded by Coun- cilmau Thoms. Carried by the fol lowing vote: Yeas - Councilmen Bit t e r, Justmann, Pregler, Thoms. Mayo;. Moldenhauer-abstained. At 7:40 P.M. Councilman Just- manu moved that the Council go into an executive session, to elect a Mayor for the coming year. Seconded by Mayor Moldenhauer, Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. At 7:44 P.M. ,the Council recon- vened In regular sesSion and Mayor Moldenhauer moved that Councilmen Joseph J. Bitter be elected to serve as Mayor for the ensuing year. Seconded by Coun. cilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. City Clerk Frommelt administer- ed the oath of office to Mayor Joseph J. Bitter who took his proper place, in the Mayor's ohair, at the Council table. RESOLUTION NO. 1.73 Providing for tho appointment of a city manager, city clerk and city solicitor for the city of Du. buque, Iowa: Prescribing thair sol. aries and fixing their bonds. BE IT RESOLVED BY THE CI- TY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the foll- owing officers be appointed, sub- ject however, to the right of the Council to declare such offices va- cant or remove the officers there- from at the pleasure of the Council with or without cause, and to be paid the compensation provided in the budget approved November 6, 1972, and that the City Manager provide a $5000 bond and the City Solicitor provide a $1000 bond at their own expense, and that the City Clerk be covered under the blanket honesty bond. City Manager Gilbert D. Chav- enelle. City Clerk Leo F. Frommelt City Solicitor R. N, Russo. Adjourned Regular Session January 2, 1973 Passed, adopted and approved resigned from his post of Assist- this 2nd day of January 1973. ant City Attorney effective Decem- Joseph J. Bitter ber 31, 1972. Mayor Please be advised that Mr. Wil- Walter A. Pregler iam G. Blum, attorney-at-law, Du- Allan T. Thoms buque, Iowa has made application Wayne A. Moldenhauer to this writer for such appointment C. Robert Justmann and I herewith recommend that Councilmen the said Mr. William G. Blum be appointed Assistant City At- torney commencing January 2, 1973. 4 Adjourned Regular Session January 2, 1973 5 ed by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. in effect under prior resolution, $5,000,000.00, Maximum Deposit un- der this resolution, $5,000,000.00. The vote on the resolution is as follows: Joseph J. Bitter Mayor C. Robert Justmann Wayne A. Moldenhauer Walter A. Pregler Allan T. Thoms Councilmen Dated at Dubuque, Iowa, this 2nd day of January, 1973. Councilman Moldenhauer moved adoption of the resolution. Second- ed by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 4.73 Appointing official newspaper for the CIty of Dubuque for 1m. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Telegraph Herald, a newspaper of general circulation be appointed the official newspaper of said City. Passed, adopted and approved this 2nd day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Rohert Justmann Councilmen December 28, 1972. To the Honorable Mayor and Members of the City Council. I herewith submit my Iowa Pub- lic Official Bond in the amount of $5000. for the year 1973 and desire to have your approval of same. Attest: Leo F. Frommelt City Clerk. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Mayor Bitter admistered the oath of office to the aforementioned ap- pointees for the position of City Manager, City Clerk and City So- licitor. R. N. Russo City Attorney Councilman Moldenhauer moved that the communication be re- ceived and f¡Jed. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 2-73 WHEREAS, James G. Schilling, Assistant City Attorney, has sub- mitted his resignation effective De- cember 31, 1972 and said resigna- tion should be accepted with re- gret; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the resignation of the Assistant City Attorney, Ja- mes G. Schilling, effective Decem- ber 31, 1972 be and the same Is hereby accepted. Section 2. That William G- Blum be and he Is hereby appointed Assistant City Attorney at the plea- sure of the City Council and his term of office shall commence Jan- uary 2, 1973 and his compensation be and the same is hereby fixed at $6,200.00 per annum. Passed, approved and adopted this 2nd day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T- Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- Gilbert D. Chavenelle City Manager. Councilman Moldenhauer moved approval subject to approval of the City Attorney. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NAMING DEPOSITORIES RESOLUTION NO. 3.73 BE IT RESOLVED by the City Council of City of Dubuque County, Iowa: That we do hereby desig- nate the following named banks to be depositories of the City of Dubnque funds in amounts not to exceed the amount named opposite each of said designated deposi- tories and the City Treasurer is hereby authorized to deposit the I City of Dubuque funds in amounts not to exceed in the aggregate the amounts named for said banks as follows, to-wit: Name of Depository, American Trost & Savings Bank, Location, Dubuque, Iowa, Maximum Deposit in effect under prior resolution, $5,000,000.00, Maximum Deposit under this resolution, $5,000,000.00. Name of Depository, Dubuque Bank & Trost Company, Location, Dubuque, Iowa, Maximum Deposit in effect under prior resolution, $5,000,000.00, Maximum Deposit under this resolution, $5,000,000.00. Name of Depository, First Na- tional Bank, Location, Dubuque, Iowa, Maximum Deposit in effect under prior resolution, $5,000,000.00 Maximum Deposit under this re- I solution, $5,000,000.00. Name of Depository, Key City Bank & Trust Company, Location, Dubuque, Iowa, Maximum Deposit December 27, 1972 To the Honorable Mayor and City Council As City Manager I wish to ad- vise your Honorable Body that all oIifIcers and e~loy.... who I have power to appoint and are under my supervision, 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 shall be paid salaries in accordance with the detailed distribution of propos- ed expenditures for 1973 which the Council established at the time of budget hearing and adoption, and in accordance with the attached "City of Dubuque 1972 Wage and Salary Plan" and supplemental rate sheets modifying pages 22, 23 and 24 of the 1972 plan. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Council man Moldenhauer. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilman JustmaJm, Moldenhauer, Pregler, Thoms. Nays-None. December 20, 1972 Honorable Mayor and City Council You hsve heretofore been advis- ed that Mr. James G. Schilling Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second. ed by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. January 2, 1973 To the Honorable Mayor and Members of the City Council An Ordinance has been prepared allocatiog and making appropria- tions of tax levies and other sour. ces of revenue for expenditures of the City G<>vernment of the City of Dubuque, Iowa, for the fiscal year beginning January 1, 1973 and ending December 31, 1973, and authorizing certaln transfers of funds. ....' -"'", Adjourned Regular Session January 2, 1973 Adjourned Regular Session January 2, 1973 \, 1973 and ending December 31, 1973 and authorizing certain trans. fers of Funds, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Thoms. Carried by the follow- ing vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays-None. 6 7 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Thoms. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. RESOLUTION NO- 5.73 Resolution for approval of City of Dubuque audit for tho fiscal year 1972 WHEREAS, Section 11.18, Code of Iowa, provides that the financial condition and transactions of all cities and city officials shall be examined at least onCe per year; WHEREAS, examinations may be made by the Anditorof' the State or in lieu thereof the local governing body may employ cer- tified publie accountants and re- gistered in the State of ' Iowa, and so notify the Auditor of State With- in sixty 'days after the close of the fiscal year .to be examined: NOW, THgREFORE, BE IT RE- SOLVED that the Auditor of State be requested to audit the 1972 fi- nancial condition and transactions of the City of Dubuque, and that the audit of the financial condition and transactions of the Water, Parking Facilities and Sewage Rental Funds be contracted with tbe CPA firm, O'Connor, Brooks and Company. Passed, Adopted and Approved this 2nd day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen study, and recommending which alternatives should be studied fur- ther and should be dropped be- cause It does not seem to be feas- Ible, presented and read. Council- man Pregler moved that the com- munication be referred to the Coun- cil. Seconded by Councilman Just- manu. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Communication of Library Board being appreciative of the Council's interest in having the Board meet with the Council to consider pre- sent and future needs and express- Ing hope for an early meetiog, presented and read. Councilman Pregler moved that the communi- cation be received and filed and suggested a meetiog for January 9th. Seconded by Mayor, Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. This Ordinance Is in accord with the budget expenditures adopted by the City Council on November 6, 1972. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Mol- denhauer. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays-None. ORDINANCE NO. 1-73 An Ordinance ellocating and mak- ing appropriations of tax levies and other sources of revenue to the expenditures of City govern. ment in the City of Dubuque, for the fiscal year beginning January Communication of Iowa State De- partment of Health submitting a new approved rule relatiog to the State Plumbing Code providing for adoption of provisions of the Uni- form Plumbing Cpde, which can be used and approved for HUD cel1!ification presented and read. Councilman Moldenhauer moved that the communication be referred to the City Manager. Seconded by Mayor Bitter. Carried by the fol- lowing vote: Yeas - Mayor Bitter, Council- men JustJnann, Moldenhauer, Pregler, Thoms. Nays-None. Communication of Playground & Recreation Commission submitting a proposal to purchase Market Square located on E- 4th Street Extension and is part of Petrakis Park parking lot, from Miller's Trucking and Rental Inc., and re- commending that if the City would dispose of Petrakis Park provi- sions should be made 00 move lights and bleachers to provide for an additional facility, presented and read. Councilman Justmann moved that the communication be referred to the Manager and ad 6,027 TOTAL ".3>1 4,937,380 5,038.873 "9,"4 to.225,957 '-In,I''''e, $68.595 Stole Replecement 0' Fnnen Mon'.. end C,,"its Tex "-lnc'"d" $250.000 T"n'.. "om LlQ"" Profit F"nd Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas - Mayor Bitter, Council- men JustJnann, Moldenhauer, Pregler, Thoms. Nays - None. Communication of Department af the Army Corps of Engineers ad- vising of completion of Phase I investigations for Mississippi Ri- ver-1llinois Waterway 12' channel ATTEST, Leo F. F"mmelf CITY CLERK P"blf,hed officlelly In The Tel..,eph. H..eld New,.e.., thl, 5th dey of Jen"m,1973. Leo F. F"mmelf Clfy Cle"'. !¡,IIiI"" Adjourned Regular Session January 2, 1973 8 Adjourned Regular Session January 2, 1973 9 Crime Control and Safe Streets Act of 1968 as amended by the Omnibus Crime Control Act of 1970, to local units of g 0 v ernment through the Iowa Crime Commis. sion, and WHEREAS, The Iowa Crime Commission is the agency repre- senting the State of Iowa. WHEREAS, the (City) of Du- buque is desirous of becoming eligible for federal antl..,rime funds, and, WHEREAS, the (City) of Du- buqe is desirous of becoming a part of a combination of units of general local government which Is kn<>Wll as N.E. IOWA AREA CRIME COMM. (County Crime Commission). NOW, THEREFORE, BE IT RE- SOLVED BY THE (City Council) OF THE (City) OF Dubuque, Iowa THAT THE (City) of Dubuque Iowa authorizes the (Regional Planning Commission) to act ex- clusively In Its hehalf in request-- ing and receiving $50,000.00 plan- ning funds and $ action funds for tbe fiscal year 1973. These funds shall be utilized as necessary to implement and oper- ate all programs authorized and funded by the Iowa Crime Com- mission and that the Regional Planning Commission) is further authorized 00 participate in the planning and programing of the Iowa Crime Commission. It is hereby further resolved that the (City) of Dubuque, Iowa as a recipient, obligates itself to the terms and conditions of awards made to the State of Iowa by the Law Enforcement Assistance Administration of the United States Department of Justice. Passed this 2nd day of January, 1973. hoc group to be considered pos- sibly by March 15th. Motion died for lack of a second. Councilman Thoms moved that the offer of purchase be refused. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Communication of Low - Rent Housing Commission submitting minutes of their meetiog of Dec- ember 19, 1972, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Communication of former Mayor Moldenhauer submitting his weekly Mayor's report dated December 26, 1972, presented for filing. Coun- cilman Justmann moved that the communication be received and fi- led Seconded by Mayor Bitter, Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Communication of N. E. Iowa Area Crime Commission submit. tiog a proposed resolution that the Northeast Iowa Crime Commislon be authorized to act in our behalf in the receipt of federal funds for programs approved by the State Crime Commission. Council man Justmann moved that the proposed resolution be referred to the City Solicitor. Seconded by Mayor Bit- ter. Carried by the following vote: Yeas---<Mayor Bitlter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 17-73 (That must be executed by a City or County authorizing their County Crime Commission or Regional Planning Commission to Act on their behalf and receive crime commission funds) WHEREAS, The Federal G<>vern. ment has made monies ,available, under the provision of tbe Omnibus December 18, 1972 To the Honorable Mayor and City Council I herewith submit the reports of the CIty Treasurer, Water Super- Intendent, City Auditor, Health De- partment, as well as a list of claims for the month of November 1972. conded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Notice of Suit of Evelyn H. Do\\' conservaoor of the property of Jef. frey Dow, minor, in the amount of $12,292.50 for injuries received by said minor as the result 0 a fall on an Ice covered cross- walk at W. 17th and W. Locust Street on December 19, 1970, pre. sented and read. Councilman Preg- ler moved that the notice of suit be referred to the City Solicitor for investigation and report. Se- conded by Councilman Jnstmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann. Moldenhauer, Pregler, Thoms. Nays-None. Notice of claim of Carl L. Ober- hoffer Jr. in the amount of $350. for expense Incurred as the result of a backed-up sewer at his home at 2815 Hillcrest Road on December 4, 1972, presented and read. Coun- cilman Pregler moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Proof of Publication, certifIed to by the Publisher, of notice of pol>- He hearing to amend Zoning Or- dinance No. 3-34, known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change the following described real eatate from "Single Family Re- sidence District" Classification to "Multiple Residence District" clas- sification to-wIt; Commencing at the Southeast comer of Section 12, Township 89 North, Range 2 East of 5th P. M. In the City of Dubuque, Iowa, thence West, 550.00 feet along the East.West Sec- tion line between Section 12, Town- ship 89, North, Range 2 East of 5 P. M. and Section 13, Twp. 89 N. R. 2E. 5 P. M. to the point of beginning of the tract of land Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Molden- hauer. Carried by the fOllowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Proof of Publication, certified 00 by the Publisher, of Statement of Receipts and Disbursements and list of claims for the month of November 1972, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilman Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Notice of claim of Mrs. Jobu McEvoy, in the amount of $41.63, for car damage incurred in the Iowa Street parking ramp on De- I cember 13, 1972, presented and read. Councilman Pregler moved that the notice of claim be re- ferred to the City Sollctor for investigation and report. Seconded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Notice of claim of William G. LaRue, in the amount of $75.00, for truck damage incurred at the city landfill as the result of bcing struck by a city operated vehicle on November 24, 1972, presented and read. Councilman Pregler moved that the notice of claim be referred to the CIty Solicioor for Investigation and report. Se- Joseph J. BItter Mayor Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. -,' -"J- 10 Adjourned Regular Session January 2, 1973 being described, thence Nor t h, 350.00 feet, thence West, 530.00 feet. thence south, 67.00 feet thence East, 39.00 feet, thence south 45.00 feet, thence East, 48.00 feet, theuce South 4 degree 20' West, 238.00 feet to said East-West Section line between said Sections 12 and 13, thence east 481.00 feet along said I' East-West section line between said sections 12 and 13 to the I point of beginning, and Is subject to the 30 feet in width reserved for road, presented and read. Coun- cilman Moldenhauer moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilman Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Attorney Robert Bertsch address- ed the Council by posing two ques- tions which in his opinion are vital to the rezoning of the property owned by the Sisters of St. Fran- cis, off Davis avenue. Are the uses compatible to the surrounding area and will the rezoning adversely affect the surrounding property. This will not be a charitable ven- ture. The intention is to dispose of the property if It can he re- zoned. The only intended use Is for a drlld development care cen- ter for the benefit of children from birth to eighteen years of age. The Sisters of St. Francis want !heir property to be used for this purpose. Mr. Merle Pfeller, Robert Welu, Arnold Brimeyer, Earl BI- sanz, Joel Glennon, and Mrs. Earl Bisanz, all stated that they were not against the idea of a child development care center but re- gistered concern as to what would happen to the neighborhood if the Sisters sold the property to a dev- elopment group, which could gen- erate shopping centers, stores etc. around the center care core area. ORDINANCE NO. 63.72 An ordinance amending and chang- Ing ordinance No. 3-34 known as the "Zoning mop and Zoning Or- dlnenee of tho city of Dubuque, lowa"so as to change certain property hereinafter described from "single family residence dis. trict" classification to "multiple residence district" classification, (Sisters of St. Francis property) said Ordinance. having been pre- viously presented and read at the Council meetiog of December 4, 1972, presented for final adoption. Councilman Justmann moved that the Ordinance be referred to the City Solicitor and Planner for in- vestigation and report,Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmalln, Moldenhauer, Pregler- Thoms. Nays-None. Proof of Publication, èertified t~ by the Publisher, of Notice of pub- lic hearing to amend Ordinance No. 3-34, known as the Zoning Map and Zoning Ordinance of the City so as to change the following des- scribed real estate from Two Fa- mily Residence DIstrict Classifica- tion to Multiple Residence District Classification to-wit: Lot 2 of 1 of 1 of 2 of 2 and lot 1 of 1 of 1 of 2 of 2 all of Boxlelter's Sub. of Lot 1 of Caroline Boxlelter's Sub. of M. L. 160; Lot 7 in Sidonia Hosford's Sub.; Lot 2 of 2 of 2 of 2 of M. L. 160; Lot 2 of 1 of 2 of 2 of Boxleiter's Sub. of Lot 1 of Caroline Boxlelter's Sub. of M. L. 160; Lot 31, West 25'S" of Lot 30, East 24'4" of Lot 30, Lot 29, Lot 28, Lot 28, Lot 32A and Lot 18 all in Finley Home Addition, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set the public hearing. Councilman Justmann moved that the proof of publication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Thoms. Nays-Nolle. Adjourned Regular Session January 2,1973 ORDINANCE NO. 64-72 I by the following vote: An ordinance amending end chang. Yeas-Mayor Bitter, Councilmen ing ordlnanca No.3-34 known es Justmann, Moldenhauer, Pregler. the "zoning map and zoning or. Thoms. dlnance of tho city of Dubuqua, Nays-None. lowe" so as to change certaIn pro- perty hereinafter described from "two family residence d I s trlct" classificetion to "multIple res 1- dance district" classification, (Fin- ley Hospital property) said Ordinance having been pre- viously presented and read at the Council meetiog of December 11, 1972, presented for final adoption. ORDINANCE No. ...n NOW THEREFORE BE IT OR. nAINED BY THE CITY COUNCIL OF rHE CITY OF nUBUQUE. IOWA, Sectlo, koow, .. O'dloanco lowo" be iowo, 0 ,pe,"ve ,...- .1", !he""". S""on 2. Tho' Ihe 10,...,"" Ameodmenl h.. heoe/ofo,. beeo OP- ...v'" by !he Plonnl"" ond Zonl,o Comml",o, 01 !he CIty of O,buo". 10"'. Po""" o..'ov'" 0"" -pt", !hI, 2nd dov 01 Jo""ooy, 1973. J°UÅ~dR Blffe, Walter A. .,egr..- Allon T. Thom, Wovoo A. Moldenho,., C. Robert J"'ma,, COUNCILMEN ATTEST, Le¿>,t.cfe~mell P,bll,h'" off"'ollv In The Tel.....h- H...1d News...e, !hr, 5Ih dov of J"",", 1973. Loo F. F"""""" City Cle'" II. 115 Councilman Thoms moved final adoption of the Ordinance. Second, ed by Councilman Pregler. Carried 11 Proof of Publication, certified t, by the Publisher, of Notice of pu blic hearing to consider -Jlmending Ordinance No. 3-34, known as the Zoning Map and Zoning Ordinance of the City, by amending Article IV, Section 2 (h) thereof to include the following described real estate in which professional offices or studios of a physician, dentist, ar. chitect, engineer, lawyer, realtor, insurance, musician, or similar professions may be permitted; Lot 1 of 2 of 2 of M. L. 160; Lot 1 of 1 of Boxleiter's Sub. of Lot 1 of Carotioe Boxleiter's Sub. of M. L. 160; Lot 6 in Sidonia Hos- ford's Sub; the south 55' of Lot 5 in Sidonia Hosford's Sub; Lot 1 of 1 in Finley Home Addu. and Lot20f1of10f20f2,Lot 1 of 1 of 1 of 2 of 2 of Boxleiter's Sub. of Lot 1 of Caroline Boxlelter's Sub. of M. L. 160; Lot 7 in Sidonia Hosford's Sub., Lot 2 of 2 of 2 of 2 of M. L. 160; Lot 2 of 1 of 2 of 2 of Boxlelter's Sub. of Lot 1 of Carotioe Boxleiter's Sub. of M. L. 160; Lot 31, West 25'8" of Lot 30, East 24'4" of Lot 30. Lot 29. Lot 28, Lot 26, Lot 32A. Lot 18, all in Fiu1ey Home Addu. in the City of Dubuque, presented and read. No written objections were filed and no oral objectors were present iu the Council Chambers at the time set for the public hearing. Councilman Justmann moved that the proof of publication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Cpuncilmen Justmann, Moldenhauer, Pregler. Thoms. Nays-None. ORDINANCE NO. 65-72 An ordinance emending ordinance No. 3-34 known as tho "Zoning Map and Zoning Ordinance of the city of Dubuqua, Iowa", by ame... Ing article IV, section 2 (h) thoreof to include certein described real estate In which professionel offjcas or studios of a physicain, dentist, archl.tects, _ineer, lawyer, reel. 12 Adjourned Regular Session January 2, 1973 tor, insurance, musIcian, or similar onded by Councllman Pregler. profassions may be permItted, Carried by the foUowing vote: (Finley Hospital property) said Or- Ye_Mayor Bitter, Councl1men dinance having been previously Justmann, Moldenhauer, Pregler, presented and read at the Council Thoms. meeting of December 11, 1972, pre- Nays-None sented for final adoption. . Petition of David E. ZImmer- man requesting a refund of $SO. on the unexpired portion of cigar- ette license No. 259, as he has discontinued business on !2-27-72, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Violet Savary, reques- ting a refund of $50. on the unex- pired portion of cigarette license No. 260, as she had discontioued business on 12-27-72, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to Issue pro- per warrant. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Violet Savary, reques- tiog a refund of $225. on the un- expired portion of Class B Beer license No. 3066, as she has dis- continued business on 12-27-72, pre- sented and read Councilman Pre- gler moved that the refund be granted and the Audioor instructed to Issue proper warrant. Seconded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Beulah E. Fritz re- questing a refund of $50. on' the unexpired portion of cigar- li- cense No.7, as she has discon- tinued business on 16-4-72, pre- sented and read. Councilman Pre- gler moved that the refund be granted and the AudIOOr instructed to issue proper warrant. Seconded - 'õth.-¡e: "d'" plats -.of. Sect'" 2. Tho! the 1o_'ng Amen""',"' h.. h...etoto" been a.. prev'" by the Plannlnp a"" Zoning Commimon of the Cttv of D"""""', Iowa. Pa_. a"""DYed and - th" 2nd day of Janom. 1973. Jo""" J. Bltl... MAYOR Waite, A. Preol... Allan T. Thom, W......A.- C. Robert J"'mann COUNCILMEN ATTEST, Leo F. Frommetl City CIeri< ~~i,:r~=~ "It.~heSt~eled'.~a~ Janum. ~~.F. Fremmel' CIty CIerl< 11. lIS Councilman Thoms moved final adoption of the Ordinance. Sec- -~'" Adjourned Regular Session January 2, 1973 13 by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Pctition of Craso A. Alba reques- ting a refund of $50. on the unex- expired portion of cigarette license No. 204, as he has discontioued business on December 7, 1972 pre- sented and read. Councilman Pre- gler moved that the refund be granted and the Auditor Instructed to issue proper warrant. Seconded by Councilman Justmann. Carried , by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Michael Pusateri et al reque.tin¡¡ that both the names of St. George and Lorimer be re- tained in redesignating Lor imer Street, presented and read. Coun- cilman Pregler moved that the pe- tition be referred to the Planning & Zoning Commission for Inveotl- gation and report. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Mrs. Thomas J. Sutter et al (20 signers) as being in favor of maintaining and making necea. sary alterations to the City Hall at Its present location, presented and read. Councilman Thoms mov- ed that the petition be received and filed and referred to the first meeting in February. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, ' Thoms. Nays-None. Petition of Richard C. & Mildred L. Henschel, requesting annexation of 0.763 aores, off Valentioe Drive, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zon ing Commission. Seconded b y Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen JU.tmann, Moldenhauer, Pregler. Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to Marvin Kahle, 00 con- sider report of the City Manager of the delapldated condition of Ihe buildings located at 1208 Dodge Street and described as Lot 2 of 1 of 2 in Byrnes Sub. in the City of Dubuque, Iowa, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 6-73 WHEREAS the City Manager has reported to the City Council that the buildings and premises located on Lot 2 of 1 of 2 in Byrnes Subdivision, known as 1208 Dodge Street, In the City of Dnbuque, Dubuque County, Iowa, are danger- ous to life and health because of their condition and that demand has been made by him upon Mar- vin J. Kahle as owner of said property that the condition com- plained of be corrected and that said owner has failed to correct the conditions within the time pro- vided by the notice; and, WHEREAS on December, 11, 1972 the City Council set said report down for hearing at 7:30 o'clock P.M. Central Standard TIme Jan- uary, 2, 1973, 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, WHEREAS It appears by return of service now on file In the records of the CIty Council that notice of said hearing was given by serv- ing by Re¡¡istered Mail on De- cember, 13, 1972, and by publica- tion in the Telegraph Herald news- paper on December, 14, 1972, and, WHEREAS Pursuant 00 said no- tice on order of the City Council fii' .~ Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car. ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to James W. Collins, to consider report of the City Man- ager of the delapidated condition of the buildings located at 1210 Dodge Street and descrihed as Lot 1 of 2 of Byrnes Sub. No.1 in the City of Dubuque, Iowa, present- ed and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION No. 7-73 WHEREAS the City Manager has reported to the City Council that the buildings and premises located on Lot 1 of 1 of 2 in Byrnes Subdivision, known as 1210 Dodge Street, in the City of Dubuque, Dubuque County, Iowa, are danger- ous to life and health because of their condition and that demand has been made by him upon James W. Collins as owner of said pro- perty that the condition complained of be corrected and that said owner has failed to correct the conditions within the time provided by the notice; and, WHEREAS on December, 11, 1972, the City Council set said re- port down for hearing at 7:30 o'- clock P.M. Central Standard Time January, 2, 1973, in the City Coun- cil Chamber in the City Hall in the City of Dubuque, Dubuque Cou- ty, Iowa, and directed the City Clerk to give notice of said hear- ing and, WHEREAS it appears by return of service now on file in the records of the City Council that notice of said hearing was given by serv- ing by Registered Mall on Decem. 14 Adjourned Regular Session January 2, 1973 a public heáring was held at 7:30 o'clock P.M. Central Standard Time on January, 2, 1973, in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above described real estate were afforded an opportunity to be heard and wituesses concerning the con- dition of the property and the ha- zard was heard; and, WHEREAS the Council has duly considered the testimony of the wituesses 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 structure known as 1208 Dodge Street in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and declared to be dangerous to life, healJth and property and a nuisance; Section 2. That the City Manager be and he is hereby authorized and directed to cause the structure known as 1208 Dodge Street, Lot 2 of 1 of 2 in Byrnes Subdivision in the City of Dubuque, Dubuque County, Iowa, to be dismantled and removed. 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 cost to the County Auditor of Dubuque County, Iowa, and it shall be collected with and in the same manner as general property taxes. Section 5. That the City Clerk be and is hereby directed to record a certified copy of this Resolution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 2nd day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen ATTEST: Leo F. Frommelt City Clerk JL4 Adjourned Regular Session January 2, 1973 ber, 13, 1972, and by publication in the Telegraph Herald newspap- er on December, 14, 1972, and, WHEREAS pursuant 00 said no- tice On order of the City Council a public hearing was held at 7:30 o'clock P.M. Central S tan d ard Time on January, 2, 1973, in the City Council Chamber in the CIty Hall in the City of Dubuque, Iowa, at which time the owners of the above described real estate were afforded an oPPOrtunity to be heard and witnesses concerning the con. ditionof the property and. the ha- zard was. heard; and, WHEREAs the Council has. duly I considered the testimony of the wituesses 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. structure known as 1210 ~dge ,jitreet in the City of Dubuqll!', Dubuque County, Iowa" be and ihe same are hereby found and declared 00 be dangerous to life, health and property and a nuisance; Section. That the City Manager be and he is hereby authorized and directed to cause the structure known as 1210 Dodge Street,. Lot 1 of 1 of 2 in Byrnes Subdivision in the City of Dubuque, Dubuque County, Iowa, 00 be dismantled and ren¡oved. Section 3. That upon completion of said work, the City Manager shall certify the cost thereof to the City Clerk. Sêction 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cosl to the County Audioor of Dubuque Coun- I ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section 5. That the City Clerk be and Is her e b y directed 00 record a certified copy of this Resolution in the office of the Coun. ty Recorder of Dubuque County, Iowa. Passed, adopted and approved this 2nd day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tionof the resolution. Seconded by Councilman Moldenhauer, Car- ried by the following vote: Yeas-Mayor Bitter, Counciln¡en Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 8-73 WHEREAS,Dubuque DIsposal Co., a Partnership composed of Louis Mlhalakis and MIlton Schwartz, are the sucdessfol bid. ders for leasing of the former CIty Garage 'at 14th and Elm Streets in the City of Dubuque, Iowa; and NOW THEREFORE BE ITRE. SOLVED BY THE CITY COUNCIL OF THE, CITY OF. DUBUQUE, IOWA" Section 1. That, the Lease Agree- ment by and between City of Du. buque, Iowa and Dubuque Disposal Co. covering the former City Ga- rage at 14th and Elm Streets for a term of three (3) years at an annual rental of $9,060.00 be and the same is hereby approved and that a true copy of said Lease is hereto attached, marked Exhibit "Au. Section 2. That the execution of said Lease for and on behalf of the CIty of Dubuque, Iowa by the CIty Manager, Gilbert D. Chaven- elle, be and the same is hereby authorized, empowered, ratified and Confirmed. Passed, approved and adopted this 2nd day of January 1973. Joseph J. Bitter Mayor WalterA.PregIer Allan T. ThoDlS WaYne A. Moldenhauer C. Robert Jnstmann Councilmen ATTEST: Leo F. Fron¡melt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilman Justmann, Moldenhauer, Pregler, Thoms. Nays-None. 15 16 Adjourned Regular Session January 2, 1973 Proof of Publication, certified to by the Publisher, of Notice of Levy of special assessment and intention of the City Council to issue bonds to pay for cost of constructiog City of Dubuque 1972 Concrete Pav- ing with integral curb project No. 1, Grandview Avenue from W.P.L. of Southern Avenue 00 the S.P.L. of Whelan Street, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Mayor Bitter. Carried by the foll- owing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Tholllll. Statement of City Clerk certify- ing that notices of public hearing and of levy and Intention of the Council to issue bonds were mailed by certified mail on Decemher 7, 1972, to property owners of record subject to assessment to pay for cost of constructiog City of Dubu. que 1972 Concrete Paving with In- tegral Curb Project No.1, «rand. view Ave. from Southern Ave. to Whelan Street, presented and read. Councilman Pregler moved that the slatement be received and fil- ed. Seconded by Mayor Bitter. Car. ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Statement of Ray Rampson, a member of the EngIneering De- partment, certifying that notices of assessment and levy were posted In the assessable area of City of Dubuque 1972 Concrete Paving with Integral Curb Projecl No.1 Grand. view Ave. from Souihern Ave. to Whelan Street on December 11, 1972, presented and read. Council. man Pregler moved that the slate- ment be received and filed. Se- conded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Communication of W1lliam H. & Laura C. Hendricks objectiog to Grandvlew Avenue assessment be- cause the street was paved with concrete, rather than asphalt, even though asphalt paving was origin. ally considered and their assess. ment would have been 15 percent to 20 percent less, presented and read. Councilman Pregler moved that the communication be receiv. ed and filed and all objections to the project overruled. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nayo-None. RESOLUTION NO. 9.73 Schedule of Assessments RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBU- QUE: IOWA: that to pay for con. struction of CITY OF DUBUQUE 1972 CONCRETE PAVING WITH INTEGRAL CURB PROJECT NO. I, Grandvlew Avenue from the W P.L of Southern Ave. to the s.P.L of Whelan Street by CEDAR V AL- LEY CORPORATION, contractor in front of and adjoining the same, a special tu be and Is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real eslate as set forth In the following schedule. City of Dubuque 1972 Concreto Paving with Intogrl' Curb Project No. l-Grandvl- Avenue from the WPL. of Southem Avenue to the S,P.L, of Whalen Street Construction Cost: Assessable Share $14Ø,O28.81; City Share $266- 947.61; Project Total $MJO,976.4!¿ Engineering Expense: Assessable Share $11,202.30; City Share $24,- 816.IM; Project Total $36.018.84 '5% Interest 52 dsys: Assessable Share $1,011.32; City Share 0; Proj. ect Total $1,011.32 Carry-over: Assessable Share 0; City Share $6,000.00; Project Total $6,000.00 Extra Work: Assessable Share 0; City Share $4,587.73; Project Total $4,587.73 Total Cost: Assessable Share $152,2412.43; City Share $296,351.68; Project Total $448,594.11 CIty lots and Del.: City Share $1,241.43 Total Cœt: Assessable Share $151,001.00; City Share $297,593.11; Project Total $448,594.11 Russell M. and Marjorie M. Klrmse, Lot 2--5, Mineral Lot 22 490.54 Adjourned Regular Session January 2, 1973 James D. and Marcia J. White Lot '}..1-5, Mineral Lot 2.Ì ................................ 566.93 Gerald A. and Cecelia Pugs. ley, Lot '}..1-1-5, Mineral Lot 22 ................................ 175.91 John B. and Lois M. Drex- ler, Lot 2-1-1-1-5, Mineral Lot 22 ................................ 43.73 James D. and Marcia White, Lot 1-3, Mineral Lot 24 ........................................ 521.35 Russell M. and Marjorie M. Kirmse, Lot '}..3, Mineral Lot 24 ................................ 604.83 Elsie L. Bàvendick, Lot 1-A-1-1-1, Mineral Lot 24 ........................................ 1147.91 E. J. and Pearl Connelly. Lot '}..1-1-B-l-1-1, Mineral ,Lot 24 ................................ 2060.58 Paul E. and VirginlaM; Toepel, Lot 1, Broadview Addition ............................ 816.38 Paul E., and. Virginia M. Toepel, Lot N.25'-2, Broadview Addition ....:... 408.19 Wm. J. and Mildred Arndt, Lot S.25'-2, Broadvlew Addition .."""'..".."........,.. 408.19 Wm. J. and Mildred Arndt, Lot 3, Broadview Addi- tion .................................... 816.38 Anna and John Appel, Lot 4, Broadvlew Addition .... 816.38 George Earl Robey and Susanna Horton Robey, Lot 5 Broadview Addition 816.38 Victor Charles m and Lois Lorraine PIerro!, Lot 6, Broadview Addition ........ 816.38 Horaclo M. and. Rose J. Gonzales, Lot 7, Broad- view Addition "."."""""'. 816.38 Horaclo M. and Rose J. Gonzales, Lot 8, Broad- view Addition .................. 816.38 Thomas J. and Margaret A. Benda, Lot 9, Broadview Addition ............................ 768.25 I Thomas J. and Margaret A. Benda, Lot 10, Broadview Addition ............................ 768.27 James J. . n d Modena Koutre, Lot 11, Broad- view Addition .""""."",." 762.72 James J. and Modena Kootre, Lot 12, Broad- view Addition ..."""""". 750.51 RIchard N. and Cath. Para- dise, Lot 13, BroadView Addition ............................ 784.70 RIchard N. and Cath. Para- dise, Lot 14, Broadview Addition 761.30 Joan Darrow (survivor), Lot, 15, Broadview Addi- tion .................................... 759.31 Joan Darrow (survivor), Lot '}..16, Broadview Ad- dition ................................ 151.78 Wm. E. and Pearl L. Ma- this, Lot 1.16, Broadview Addition ..........................,. 608.38 Wm. E. and Pearl L. Ma- this, Lot '}..17, Broadview Addition ............................ 159.72 Wm. E. and Pearl L. Ma- 1:h!Is, Lot 1-1-17, Broad- view Addition ""..""""'." 489.83 Norman T: and Ann Bain- bridge, Lot '}..1-17, Broad- view Addition ...."..'...'....' 113.59 Norman T. and Ann Bain- ' bridge; Lot '}..18,Broad- view Addition .............:.... 168.28 Norman T. aÍld Ann Baill- - bridge, Lot 1-18, Broad- view Addition .......,.,........ 571.47 Norman T. and Ann Bain- bridge, Lot 19,Ðroad- view Addition .."",...."",.. 465.13 Norman 1'. and Ann Bain- bridge, Lot '}..1-20, Broad- view Addition .""."..."."" 620:88 Dubuque County, Lot '}..20 Broadview Addition ........ 70.42 Frederick L. and Lùcie E. - M. Chenery, Lot l'A Broadview Addition ...... - 139.00 TOOmas J. and Margaret A. Benda, Lot '}..1, Sunrise Place .................................. 169.95 Horaclo M. and Rose J. G<>nzales, Lot '}..1-1, Sun- rise Place ...""".."".."""." 210.13 Vitcor Charles m and Lois Lorraine PIerro!, Lot I- I-I, .................................... 105.07 George Earl Robey and Susanne Horton Robey, Lot 1-'}..1.2, Sunrise Place 105.07 Anna and John B. Appel, - Lot 1-1-1-2 Sunrise Place 105.07 'Wm. J., ,and Mildred E. Arndt, Lot '}..1-1-2, Sun- rise Place .......................... 110.65 Paul E. and Virginia M. Tóepel, Lot '}..2, Sunrise Place .................................. 159.87 Joe V. and Mary Keppler, Lot 1-1, J. V. Kepplers Place ..................................1700.56 Helen M. Scherrer, Lot I-'}.. 1, RObinson. Subdivision.. 753.63 Helen M. Scherrer, Lot '}..'}.. 1-1-1, Robinsons Subdivi- sion 141.70 17 jìJ';o- - 18 Adjourned Regular Session January 2, 1973 Robert A. and Mary IL Dale J. and Shirley R. NIil. Bur.gmeier, Lot 2--1-1, les, Lot 2-1-1-1-4, Mineral RObilUiOns Subdivision .... 694.71 Lot 28 .".."".".."....".".".." 961.91 Robert A. and Mary R. John A. and Carol Lee Burgmeier, Lot 1.2--1-1-1, Flynn, Lot 1-1"1-1-4, Mio.. Roblnsons Subdivision .... 208.43 eral Lot 28 ......................., 104ß.96 Robert A. and Mary R. Edwin J. and Lorrayne A. Burgmeier, Lot 2-2-2-1-1- Koerper!ck, Lot 1-7, Foc- I-I, lWíbins<Jns Subdivi- est View ....,....................... 9.23 .ion .................................... 11.07 Joseph J. and Lucille M. Lucy T. Paradise, Lot 2--2--1, Kleley, Lot 2--7, Forest ROOinsons Subdivision.... 10.51 View.................................. 31.80 Lucy T. Paradise, Lot 1-2--2-- John and Verna F. Christ- 1-1-1-1, Roblnsons Subdi. ensen, Lot ALL, Christen. >islon .................................. 323.43 sen Place "...""."...".""".. 16.75 Leroy E. and úucille Vyve1'- Steve A. Jr. and Marijo berg, Lot 1-2-1-1-1-1, Rob- O'Brien, Lot 1-2-1-1, Lees binsons Subdivision ..".". 123.52 Subdivision ..."'..""."."...". 58.38 John S. and Pamela A. Ad- Wayne and Marlene J. SbI)(.. t,:;,~u~~~~~~:..~ 71.27 ~vi~tn ~~:~~~:....~~ 1.23 John 50 and Pamela A. Ad- Wayne and Marlene J. Shot- am., Lot N. 10'-2--1-1-1-1- anus, Lot 1-2--1, Lees Sub- 1.1, Roblnsons Subdivi- division ............................ 873.18 sion ."""".,,"".""."'."."..... 10.65 Steve A. Jr. and Marijo Eugene A. and Mabel J. O'Brien, Lot 2--2-1, Lees Gifford, Lot S. 50'-2-1-1. Subdivision ........................ 12.92 1-1-1.1, ROblnsons SUbdl- Louis F. and Lorraine E. vision .....".""""."......."..".. 14.48 F'autsch, Lot 1-2, Lees Hazel M. Roth Lisberger, Subdivision ........................ 833.56 Lot N.W. 1,2-2--1-2, Robin- LeRoy E. and Cheryl D. sons Subdivision .............. 908.67 Kraske, Lot 1-3, Lee. Hazel M. Roth Lisberger, SUbdivision ....,.............".." 833.56 Lot N.W. 1,2-2--1-1-2, Rob- Florem:e A. and Dorothea inøons Subdivision ....""" 162.98 M. Gindorff, Lot 1-4, Lees Judith A. Woodward, Lot SUbdivision "'.""...".."...".. 833.56 S.E. 1,2-2--1-2, Roblnsons John and Verna F. Christ- Subdivision ........................ 908.67 ensen cont: John Howard Judith A. WoodW2rd, Lot and Lois R. Christensen, S.E. 1,2-2--1-1-2, Robinsons Lot 1-5, Lees Subdivision 784.44 Subdivision ....,...............",. 154.33 Christ and Katerina Bogas Lorraine Nesler (survivor), Lot 1, E. Ryans SUbdivi: Lot 2-2--1-1-1-2, Robinsollll sion .................................... 816.38 Lo~i~~vi~:~l~~..(~~;;;;i;;;~j; 84.62 Thomas Bogas, ~ 1A, E. Lot N 20'-1-2--1-1-1-2 Rob- Ryans SubdivISIon .......... 136.87 Inson; SUbdivision '.......... 21.01 Ea~l kA. Loantd 2MaE.ry RHend- Elizabeth C. Loosbroek, Lot nc.,., yans S 40'-1.2--1-1-1-2 Robin- SubdIvision ........................ 917.62 s~ns Su!bdivislo~ .....:...... 36.20 Earl A. and Mary Hend- Elizalheth C. Loosbroek Lot ricks, Lot S'k-3, E. Ryallll 2--1-1-1'1-2, Robinson.'SUb- Subdivision ........................ 458.74 division .............................. 4.12 Kenneth A. and Helen Myrtle I. Dockal and Gladys Hartig, Lot N'k-3, E. Ry- IL Schepler, Lot I-I, Fal. ans Su!bdivision ................ 458.74 dorf's Place ......................2947.50 Kenneth A. and Helen Betty IL .McKay, Lot 4, In- Hartig, LOt 1-4, E. Ryans dlOn Hills Block #7 ........ 60.63 subdivision ........................ 816.38 Lynn 50 and Kathryn R. Kenneth A. and Helen Fuller, Lot 2-4, Mineral Hartig, Lot 2-4, E. Ryans Lot 28 ................................ 2215.88 Subdivision ........................ 101.23 Mal'¡¡aret M. Reo, Lot 2--1-4, CliHord C. and Jeanette M. Mineral Lot 28 ................ 985.62 Healey eont: Jerry Land Margareta Kenna et ai, Lot Catherine Bartlett, Lot 5, 2-1-1-4, Mineral Lot 28.... 979.09 E. Ryans Subdivision .... 917.62 Adjourned Regular Session January 2, 1973 19 Cliff<>rd C. and Jeanette M. Healey c<>ot: Jerry Land Catherine Bartlett, Lot 6, E. Ryans Subdivision .... 917.62 Joseph A. Rhomherg Jr., Lot 1-7, E. Ryans Subdi- vision ................................ 816.36 Clifford C. and Jeanette M. Healey coot: Jerry Land Cathy Bartlett, Lot 2--7, E. Ryans Subdivision .... 43.90 Raym<>nd F. and Thelma Byrne Trapp, Lot 1-8, E. Ryans SUbdivision ............ 816.38 Clifford C. and Jeanette M. Healy cont: Jerry L. and Catherine Bartlett, Lot 2-8, E. Ryans Subdivision 92.57 Carl G. and Alice Fuhrman, Lot 1-9, E. Ryans Subdi- vision .................................. 798.92 Clifford C. and Jeanette M. Healey eont: Jerry L. and Catherine Bartlett, Lot 2--9, E. Ryans Subdivision 23.00 Carl G. and Alice Fuhrman, Lot 10, E. Ryans Subdi- vision .................................. 191.96 Frederick L and Lucie E. M. Chenery, Lot 1-1, MÎn- real Lot 32 ........................ 830.72 Wm. H. and Lan", C. Hend. ricks, Kenneally's Sub... 1848.30 LaVerne J. Ryder, Lot 1-2, Kenneally's Sub. ............ 1400.06 Lee M. and Judith C. Mc- Dermott, Lot 2--2, Ken- I neally's Sub. .................... 980.94 Edna Douglass Zuker, Lot 1, Grandview Heights Add. ....................................1469.78 Albert V. Anderson, Lot 2, Grandview Heights Add. 892.91 E. J. and Lorraine K. Wil- son, Lot 3, Grandview Heights Add. .................... 170.80 Don T. Patrick and Helen C. Steele, Lot 4, Grand- view Heights Add. ........ 67.16 Christy F. and Barbai'a M. Armstrong, Lot 53, Grandview Heights Add. 724.10 Arthur C. and Nancy L. Whalen, Lot 54, Grand- Yiew Heights Add. ...-.... 784.44 Joe and Ann Manhart cont: Henry D. Powell, Lot 55, Grandview Heights Add. 784.44 Berta A. Zimmer and Mona A.rbogast, Lot 56, Grand- view Heights Add. ........ 784.44 Steve A. Jr. and Marijo O'Brien, Lot fI/, Grand- view Heights Add. ............ 784.44 ' Steve A. Jr. and Marijo O'Brien, Lot 58, G1'IInd- view Heights Add. ............ 727.22 Steve A. Jr. and Marijo O'Brien, Lot 1-1-59, Grandview Heights Add. 612.36 Wayne E. and Marlene J. Schotanus, Lot 2-1.{i, Grandview Heights Add. 47.56 Wayne E. and Marlene J. Schotanus, Lot 2.59, Grandview Heights Add. 53.95 Gary W. Newt, Lot 1, R. Jones Subdivision ............1190.22 John A. and Joan M. Scho- en, Lot 2, R. Jones Sub- division ""'."...".""'.".""." 123.52 John A. and Joan M. Scho- en, Lot 1-3, R. Jones Sub- division .............................. 39.33 John A. and Nancy E. Frommelt, Lot ~, R. Jones Subdivision ............ 21.72 John A. and Nancy E. Frommelt, Lot 4, R. Jones Subdivision ........................ 43.73 Wm. A. and Marg(. Clark, Lot 1-5, R. Jones Subdi- vision "..."."'......"""..""..'" 17.89 John Á. and Nancy E. Frommelt, Lot 2-5, R. Jones Sub. ........................ 1.98 Donald C. and Jeanette M. Meyer, Lot 15, R. Jones Sub. .................................... 32.66 Donald C. and Jeanette M. Meyer, Lot W. 25'-16, R. Jones Sub. ........................ 14.62 Paul J. and Lavon D. Laube, Lot E. 25'-16, R. Jones Sub. "'.""""'.."....". 19.17 Paul J. and Lavan D. Laube, Lot 17, R. Jones SUb. .................................... 389.86 Marijorie S. Schweitering, (SUrvivor), Lot 1, lift. Vernon Ct. ........................ 789.96 Marijorle S. Schweitering, (Survivor), Lot 2, Mt. Vernon Ct. ""'.."."...""..". 905.41 Robert H. and Agnes M<>ehl" Lot 1-3, Mt. Vern- on 01. ................................ John A. and Joan M. Scho- en, Lot 1-~, Mt. Vernon Ct. ........................................ John A. and Nwncy E. Frommelt, Lot 2--~, JÆt. Vernon Ct. ""'..."."""."".. Robert H. and Agnes Moehl, Lot 1-1-4 HI. Vernon Ct. ..............-........ John A. and Nwncy E. Frommelt, Lot 2--1-4, Mt. Vernon Ct. 115.86 11.78 3.12 44;56 2.84 20 Adjourned Regular Session January 2, 1973 J. W. and Carol D. Hagerty, Lot M, Mt. Vernon Ct... 11.07 J. W. and Carol D. Hagerty, Lot 5, Mt. Vernon Ct..... 19.45 Bernard B. Rhomberg, Lot 9, Mt. Vernon Ct. ............ 26.55 Jos. F. and Bernice Brink. moeller, Lot 10, Mt. Vern- on Ct. ................................ 92.56 Leslie Albert and Elizaheth Ann Kessler, Lot 1, Grandview Park Add. .... 299.15 Leslie Albert and Elizabeth Ann Kessler, Lot 2, Grandvlew Park Add. .... 372.98 Robert D. and Mary Rita Zehentner, Lot 3, Grand- view Park Add. Blk. n ........................................ 371.70 Robert D. and Mary Rita Zehentner, Lot 4, Grand- view. Park Add. Blk. n ........................................ 370.43 Robert D. and Mary Rita Zehentner, Lot 5, Grand- view Park Add. Blk. n ........................................ 370.43 IWihert D. and Mary Rita Zehentner, Lot 6, Grand- view Park Add. Blk. #2 ........................................ 369.15 Lloyd B. and Roma M. Wertz, Lot 7, Grandview Park Add. Blk. n .......... 367.87 Lloyd B. and Roma M. Wertz, Lot 8, Grandview Park Add. Blk. #2 .......... 366.45 Thomas R. and Patricia Berry, Lot 9, Grandview Park Add. Blk. #2 .......... 365.17 Thomas R. and Patricia Berry, Lot 10, Grandview Park Add. Blk. n .......... 363.75 Michael E. and Joyce L. Brooks, Lot 11, Grand- view Park Add. BIt. n.. 362.33 Michael E. and Joyce L. Brooks, Lot 12, Grand. view Park Add. Blk. #2.. 361.06 Wilifred Knepper, Lot 13, Grandview Park Add. Bik. n .............................. 359.49 Wilfred Knepper, Lot 14, Grandview Park Add. Blk. n .............................. 357.93 Andrew and Eleanor Pou- los, Lot 15, Grandview Park Add. Blk. #2 ........ 356.37 Andrew and Eleanor Pou- los, Lot 16, Grandview Park Add. Blk. n ........ 354.95 Frank T. and Georgette S. Hardie, Lot 1, Grandview Park Add. Blk. #3 ........ Frank T. and Georgðtte S. Hardie, Lot 2, Grandview Park Add. Blk. #3 ........ 356.37 19.45 I Frank T. and Georgette S. Hardie, Lot 3, Grandview Park Add. Blk. #3 ........ 359.49 Helen Meisch, Lot 4, Grand- view Park Add. Blk. #3.. 361.06 HclenMeisch,Lot5,Grand- view Park Add. Blk. #3.. 362.33 Thomas J. and Sandra J. Ziegenfuss, Lot 6, Grand- view Park Add. Blk. #3.. 363.75 Thomas J. and Sandnl J. Ziegenfuss, Lot N. 20'-7, Grandview Park Add. Blk. #3 .............................. 292.19 Bernard W. and Bernice C. McCoy, Lot S. 5'-7, Grandview Park Add. Blk. #3 .............................. 72.98 Bernard W. and Bernice C. M<:Coy, Lot 8, Grand. view Park Add. Blk. #3.. 366.45 Bernard W. and Bernice C. McCoy, Lot 9, Grand- view Park Add. Blk. #3.. 367.87 Bernard W. and Bernice C. McCoy, Lot 10, Grand- view Park Add. BIt. #3.. 369.15 MIchael Joseph and Mary Clarice Sullivan, Lot 11, Grandview Park Add. Blk. #3 .............................. 370.43 Michael Joseph and Ma<y Clarice Sullivan, Lot 12, Grandview Park Add. Blk. #3 ...."..."...."".""""" 371.70 Irvin A. and Lucille Oeth, Lot 13, Grandview Park Add. Blk. #3 .................... 373.83 Irvin A. and Lucille Oeth, Lot 14, Grandview Park Add. Blk. #3 .................... 375.54 Irvin A. and Lucille Oeth, Lot 15" Grandview Park Add. Blk. #3 .................... 376.67 Irvin A. and Lucille Oeth, Lot 16, Grandview Park Add. Blk. #3 .................... 604.69 Emma A. and Melba Brad. ley, Lot 1, Grandview Park Add. Blk. #4 ........ 375.54 Emma A. and Melba Brad- ley, Lot 2, Grandview Park Add. Blk. #4 ........ 375.54 Emma A. and Melba Brad- ley, Lot 3, Gmndview Park Add. Blk. #4 ........ 376.67 David and Dora Solomon, Lot 4, Grandvlew Park Add. Blk. #4 .................... 376.67 'I David and. Dora Solomon, Lot 5, Grandview Park 354.95 Add. Bik. #4 .................... 377.95 359.49 "'-. Adjourned Regular Session January 2, 1973 21 David and Dora Solomon, Lot 6, Grandview Park Add. Blk. #4 .................... 377.95 A. William and Margaret MIareh cont: Roger T. and Mildred V. Graham, Lot 7, Grandview Park Add. Blk. #4 .............................. 379.09 A. William and Margaret March cont: Roger T. and Mildred V. Graham, Lot 8, Grandview Park Add. Blk. #4 "'."".....".."......-'" 379.09 Julien mveatment Co. cont: Louis S. and Barbara M. Moscoso, Lot 9, Grand. view Park Add. Blk. #4 ........................................ 380.36 Julien Inveatment Co. cant: Louis S. and Barbara M. Moscoso, Lot 10, Grand- view Park Add. Blk. #4 ..""""..""."'...".""""."'.. 381.64 Wm. F. and Frieda A. G<>etz,Lot 11, Grandview Park Add. Blk. #4 ........ 381.64 Wm. F. and Frieda A. I GoeQ, Lot 12, Grandview Park Add, Blk. #4 """'. 381.64 Howard and Lena MbCar- ron, Lot 13, Grandview Park Add. Blk. #4 "."". 381.64 Howard and Lena McCar- ron, Lot 14, Grandview Park Add. Blk. #4 "."'" '381.64 Margaret L., Guam, Mary M. Burke, and Ken J. Burke, Lot 15, Grandview Park Add. Blk. #4 ........ 381.64 Margaret L., Gnam, Mary M. Burke, and Ken J. Burke, Lot 16, Grandview Park Add. BIt. #4 ........ 305.26 Cletus R. and Germaine A. Heying cont: Jeanette L. O'Hea and Karla K. Berns, Lot 1, Grandview Plu-k Add. Blk. #5 "..""" 356.51 Cletus R. and Germaine A. Heying cont: Jeanette L. O'Hea and Karla K. Berns, Lot 2, Grandview Park Add. Blk. #5 .......... 356.51 Joseph and Florence M. Lytle, Lot 3, Grandview Park Add. Blk. #5 .......... 356.51 i Joseph and Florence M. I Lytle. Lot 4, Grandvlew Park Add. Blk. #5 ..........356.51 Harold E. and Geraldine L. Hackbarth, Lot 5, Grand. view Park Add. Bik. #5 .. .356.51 Harold E.and Geraldine L. Hackbarth, Lot 6, Grand- view Park Add. Blk. #5.. 356.51 ErnC<!t G. and Frances C. Hawber, Lot 7, Grandview Park Add. Blk. #5 ........ 356.51 Ernest G. and FranICes C. Hawber, Lot 8, Grandview Park Add. Blk. #5 """" 356.51 Paul J. and Mary Jane Bei(" zel, Lot 9, Grandview Park Add. Blk. #5 ........ 356.51 Paul J. and Mary Jane Beit- zel, Lot 10, Grandview Park Add. BIle. #5 ........ 356.51 Leo and Agnes Teeling, Lot 11, Grandview Park Add. BIt. #5 .............................. 322.86 Leo and Agnes Teeling, Lot 12, Grandview Park Add. Blk. #5 .............................. 378.23 Edw. IL and Alia M. Dare, Lot 13, Gmndview Park Add. Blk. #5 .."".."...""'" 340.75 Edw. IL and Alto M. Dare, Lot 14, Grandvlew Park Add. Blk. #5 ."""".."".".. 329.88 City Engine House, Lot 15, Grandview Park Acid. Blk. #5 ."""""""""'.""'" 200.33 City Engine House, Lot 16, Grandview Park Acid. Blk. #5 ."""'."""""'..""'. City Engine House, Lot 17, Grandview Park Acid. Blk. #5 ............................ 343.31 City Engine House, Lot 18, Grandview Park Acid. BIk. #5 ............................ 280.69 Kaye L. and Sue E. Miller, Lot 8, Grandview Park Add. BIk. #6 ""."'."""..." 0.85 Mathias J. and Mary L. Neyens, Lot 9, Grandview Park Add. Blk. #6 ........ 6.39 Mathias J. and Mary L. Neyens, Lot 10, Grand- view Park Add. Blk. #6.. 18.88 Carl and Agatha E. Wù. lialJßon, Lot 11, Grand- view Park Add. Blk. #6.. 35.92 Carl and Agatha E. Wù- liaznson, Lot 12, Grand- view Park Add. Blk. #6.. 128.78 Mary A. and Bertha De- laney', Lot 13, Grandview Park Add. Blk. #6 ........ 300.43 Mary A. and Bertha De- laney, Lot 14, Grandview Park Add. Blk. #6 ........ 375.54 Mary A. and Bertha De. laney, Lot 15, Grandvlew Park Add. Blk. #6 """'. 375.64 'I Mary A. and. Bertha De. laney, Lot 16, Gmndview Park Add. Blk. #6 .""". 375.54 312.92 280.69 ".." Adjourned Regular Session January 2, 1973 George A. and Louise A. Snyder, Lot 21, Grand- view Park Add. Blk. #15 ...................................... 375.54 George A. and Louise A. Sn~der, Lot 22, Grand- view Park Add. Blk. #15 ...................................... 375.54 William N. and Jane Ann DuMan, Lot 23, Grand. view Park Add. Blk. #15 ..""....".""""'.".'."."..". 375.54 William N. and Jane Ann Duggan, Lot 24, Grand- view Park Add. Blk. #15 ...................................... 375.54 Harry E. and Dora Datis- man, Lot 25, Grandview Park Add. Blk. #15 ........ 375.54 Harry E. and Dora Datis- man, Lot N 20'-26, Grand- view Park Add. Blk. #15 ...................................... 300.43 Clement and Marie C. MC- Cauley, Lo t S '5'-26, Grandview Park Add. Blk. #15 .......................... 75.53 ClemeIl! and Marie C. Me- Cauley, Lot 27, Grand. view Park Add. Bl:k. #15 ...................................... 379.09 17.75 I Clement and Marie C. Mc- Cauley, Lot N'h-28, Grandview Park Add. 7.67 I Blk. #15 ............................ 254.00 John F. a nd Phyllis A. Juergens, Lot SJ,ó-28, Grandview Park Add. Blk. #15 .......................... 254.00 John F. a nd Phyllis A. Juergens, Lot 29, Grand- view Park Add. Blk. #15 .-.............................""" 366.04 13.06 I Dubuque G<>1f Club, Lot 30, Grandview Park Add. 1 3 I Blk. #15 ............................ 106.77 7. 2 Ðuhuque Golf Club, Lot 31, Grandview Park Add. Blk. #15 ............................ 49.55 Dubuque G<>1f Club, Lot 32, Grandvlew Park Add. 37.34 I Blk. #15 ............................ 39.90 Dwbuque G<>1f Club, Lot 33, Grandview Park Add. Blk. #15 ............................ 32.23 63.18 I Dubuque Golf Club, Lot 34, Grandview Park Add. Blk. #15 ............................ 28.96 Dubuque G<>lf Club, Lot 35, Grandview Park Add. Blk. #15 """..".""""""",.. 25.13 Dubuque Golf Club, Lot 35, Grandvlew Park Add. BJk. #15 ............................ 16.90 22 Bart D. and Hazel M. Grote, Lot 17, Grandview Park Add. Blk. #6 .................... 375.54 Bart D. and Hazel M. Grote, Lot 18, Grandview Park Add. Blk. #6 .................... 375.54 Harold G. and Jeanette Kutsch, Lot 19, Grand- view Park Add. Blk. #6.. 375.54 Harold G. and Jeanette Kutsch, Lot 20, Grand. view Park Add. Blk. #6.. 375.54 Carl J. and Phyllis R. Han- son, Lot 21, Grandview Park Add. Blk. #6 ........ 368.86 Carl J. and Phyllis R. Han- son, Lot N 20'-22, Grand- view Park Add. Blk. #6.. 274.45 John Philip and Lavon Armstrong, Lot S 5'-22, Grandview Park Add. Blk. #6 .............................. 66.30 John Philip and Lavon Armstrong, Lot 23, Grandview Park Add. Blk. #6 ............................ 307.81 Leo and Dorothy Cox, Lot 24, Grandview Park Add. Blk. #6 .............................. 4.97 Leo and Dorothy Cox, Lot 25, Grandview Park Add. BJk. #6 .............................. Leo and Dorothy Cox, Lot 26, Grandvi..... Park Add. Blk. #6 .............................. Leo and Dorotby Cox, Lot 27, Grandvlew Park Add. Blk. #6 .............................. 2.13 Arabell Weber (Survivor), Lot 13, Grandview Park Add. Blk. #15 ................ 6.39 Arabell Weber (Survivor), Lot 14, Grandview Park Add. Blk. #15 ................ Vincent J. and Ruth Con- nolly, Lot 15, Grandview Park Add. Blk. #15 ........ Vincent J. and Ruth Con- nolly, Lot 16, Grandview Park Add. Blk. #15 ........ 24.99 Vincent J. and RII!h Con- nolly, Lot 17, Grandview Park Add. Blk. #15 ........ Chester G. and Wilma A. Robinson, Lot 18, Grand. view Park Add. Blk. #15m..........................."".... Chester G. and Wilma A. BObinson, Lot 19, Grand- view Park Add. Blk. #15 """....."""'..".."..".""'" 58.64 Cheater G. and Wilma A. Robinson, Lot 20, Grand- view Park Add. Blk. #15 ...................................... 25.27 Adjourned Regular Session January 2,1973 Dubuque G<>lf Club, Lot 37, Grandview Park Add. Blk. #15 """'..""""'.""."" 4.26 Dubuque G<>lf Club, Lot ALL, Grandview Park Add. Blk. #18 ..."..."'.."..... 7.95 Dubuque G<>Jf Club, Vacat- ed Morgan St. ................ 74.11 Barbara C. and Michael A Stapelton, Lo t 1-1-1, Stapleton Sub. ................ 885.25 Frank R. ..nd Janice L. Robinson, Lot 2, Staple- ton Sub. ............................ 64.74 Dorothy Digman, Lot :¿.1-1, Stapleton Sub. .""."'."".. 709.90 Donald B. and Frances Tanke, Lot 1, FiJ>rJ.s Sub- division .............................. 709.90 E. E. and Lelah F. Deegan, Lot 3, FInns Subdivl- slòn .................................... 709.90 Merlyn B. and Elizabeth A. Kurt, Lot 1-4, FInns Subdivision .".""".."'.."..." 834.13 I E. E. and Lelah F. Deegan, Lot :H, Finns Subdivi. sion .................................... 55.51 James J. and Prudence L. McGeeney, Lot :¿.1, Coates ptace .................................. 709.90 Ro/.and M. and Dorothy E. Zapf, Lot :¿.1-1, Coates Place .................................. 28.40 DBvId M. and Elaine A. Hunt, Lot 2, Coates Place .................................. 709.90 Obarles and Irene McDer- mott, Lot S 50'.1-3, Min- eral Lot 31 ........................ 954.25 P a u I J. and Margaret Dodds, Lot :¿.3, MIneral Lot 31 ................................ 1835.09 David M. and Elaine A. Hunt, Lot 2r1-2-1-1-2, Min.. eral Lot 31 """".".""""".. 28.40 Florence L. Meyer, Lot 1.:¿' :¿.1.1-2, Mineral Lot 31 ........................................ 1063.00 Helene Fleekell8teln (Sur. vivor), Lot 2-2-:¿.1.1-2, Mineral Lot 31 .""..."."... 856.71 T. J. and Lou Ann Stapel- ton, Lot 2-2, Mineral Lot 31 ........................................ William J. and Dorothea A. Vonah, Lot N30'-<i, C0- lumbia Add. ..".""'."."."." 1\Ii"hael S. and Jo Ann M. McCauley, Lot 6, Colum- bia Add. ............................ Michael S. and Jo Ann M. McCauley, Lot SI0'-5, ColumJbia Add. ... 954.25 709.90 425.94 681.50 141.98 Dowglas J. and Carole A. Crosby, Lot 7, Columbia Add. .................................... 681.50 Louis F. aDd Marcella M. Konzen, Lot 8, Columbia Add. .................................... 681.50 Geo. N. end M. L. Reilly, Lot 9, Columbia Add. .. 681.50 Josephine Flanigao and Ann McQuil1en, Lot 10, Cohunbia Add. "'.".."""'. 681.50 Dorothea F. Cyril and BUl'- ton R. McQuiUen, Lot 11, Columbia Add. "'."".." 681.50 Delmar S. and Mary C. O'Hea, Lol 12, CoJ!Umbla Add. .................................... 681.50 Francis J. and Aileen M. Mu11þhy, Lot 13, Colum- bia Add. ............................ 695.70 Herbert E. and Ruth 14. Herber, Lot 14, Columbia Add. .................................... 1195.70 John Robert and JaqueJine JOIíU Daykln, Lot 15, C0- lumbia Add. .................... 660.21 Robert E. SuUlvan (Sur- vivor) CoIl!: Welsh En- terprises, Inc., Lot 1, Sulliven Sub. ....""....""'." 768.82 Loras E. and Doria M. HarI- man, Lot 1-2, SuUivan Sub. .................................... 48.56 Severin Erscben, Lot 3, Sullivan Sub. ".".""..""".. 133.44 Loras E. and Doria M. Hart- man, Lot 4, Sullimn Sub. .................................... 992.87 Loras E. and Doris M. Hart- man, Lot 1-5, Sullivan Sub. .................................... 1023.25 Loras E. and Doris M. Hart- man, Lot 2-õ, Sullivan Swb. .................................... Leo J. Dwyer, Lot 3-2, MiJ>- eral Lot 47 "'."...."."""... Orla Stamp, Lot 1-2-3, Min- eral Lot 4f1 ........................ Ralph F. and Lula C. Woh- lers, Lot 2-'J..3, Mineral Lot 4f1 .............................. Earl J. and Harriet F. Rog. ers, Lot 1, Dillon Sub. .. 583.96 Helen A. Sandy (Survivor), Lot 2, Dillon Sub. ............ 580.41 Joseph F. and Lyola M. Gard, Lot 4, Grandvlew Ave. Add. ........................ Joseph F. and Lyol. M. Gard, Lot 4oA, Grandview Ave. Add. ........................ Dean A. and Kathryn A Schantz, Lot 5, Grand- view Ave. Add. ................ 816.38 17.32 7.24 4W.18 199.62 816.38 12.21 23 Harold F. and Winifred Garland, Lot 10, Grand- view Ave. Heights ."..'" 812.98 David R. and Margaret M. Buse, Lot 11, GNndview Ave. Heights .................. 808.58 Leo J. and Marg!. Cham- bers, Lot 12, Grandview Ave. Heights................ 815.58 Gerald G. and Viola M. Wild, Lot 13, Grandview Ave. Heights ....,........... 815.58 Mabel E. Dalbkemeyer, Lot 14, Grandview A v e. Heights. "..""..."".""""'." 915.53 B; G, and Jeane A. Van- derhel1!, Lot 15,. Grand- ' view Ave.. Heights, .,...... 1296.14 Clarenœ Anthony Sr. and EVelyn Mary. CollJlolly, Lot 16" Grandview Ave; , aeights ................,............. 1311.47 Clarence. AnU!ony Sr. and EVelyn Mary CollJlolly, ]j;'>!o - Vacated ,Alley AbutJtin,gLo( .16........;..,.. 34-79 Kenneth ,IL ,and Margaret ,A., Heiderscheit, Lot~18, Grandview,Ave.Beights 18,32 Kenneth H. and Margaret A. Heldersç,heit, Lot ~19, Grandview Ave. Heights 25.98 Kenneth IL and MarglU9t A., Heiderscbeit, Lot 17, Grandylew AYe. aelghts 183.15 K<:nneth H. and Margaret A. ,Heiderschelt, Lot 20, Grandview Aye. Heights 49.98 Kenneth H. and Margaret A. Heiderscbeit, Lot 1-19, w. Balance, Grandview ' Ave .Heights. .................... 4.69 John C. and Phyllia A. Ruh, Lot 1-18, Grand- view AYe. Heights.......: 32.66 Lucille M. Djerf, Lot 1-19, E50', Grandview Ave. Heights' .............................. 31.52 Evelyn G. Ruprecht, Lol . 5, Stewart Sub. ................ 816:88 L. Vaugn and Muriel Gay- man, Lot 6, Stewart Sub. 816.88 Vincent M. and Karen A. Leisen, Lot 7, Stewart Sub. .................................... 816.38 Wilbur A. Hammond, Lot 8, Stewart Sub. ............ Wllifred S. and Myrtle, Blades, Lot 9, Stewart Sub. .................................... 816.38 Alia Jane Blades, Lot 1O, Stewart Sub. .............;.... 816.38 C. Howard and Margaret M. Wallace, Lot 11, Stew- art Sub. Adjourned Regular Session January 2,1973 LaVern and Velma R. 20,283.0 !in. ft. Curb & Block, Lot 1-13, Stewart Gutter and DriYeway Sub. .................................... 431.76 Removal @ .80 ............16,226.40 LaVern and Velma R. 13,005.49 sq. yds. Concrete Block, Lot 14, Stewart Class "A" - 8" thick Sub. .................................... 761.07 (39%) @ 7.55 ................98,191.45 LaVern and Velma R. *20,341.93 sq. yds. Con- Block, W'>!o - Vacated crete Class "A" - 8" Abutting Lot 14 .....""". 39.04 thick (61%) @ 7.55 ....153,581.57 Roy Rindt Canham, Lot 2, 8,386.34 tons %" Base Whelans Sub. ."".""".."" 755.90 Stone, in place (52%) Roy Rindt Canham, Lot 3, @ 3.42 ............................28,6'77.86 Whelans Sub. .................. 7'55.90 *7,740.31 tons %" Base First Congregational Stone,inplace(48%)@ Church, Lot 4, Whelans 3.42 ".""".........................26,471.86 Sub. .................................... 758.32 12,120.8 sq. yds. Macadam First Congregational & Subbase Remoyal Church, Lot S'>!o-5, Whe- (39%) @ .40 """.......... 4,848.32 lano Sub. ............................ 379.23 *18,958.2 sq. yds. Maca- Minnie Hoermann, Lot N'>!o- dam & Subbase Removal 5, Whelans Sub. ."..."...." 379.09 (61%) @ .40 ".".."""... 7,583.28 Minnie Hoermann, Lot 6, 11 no. of Manholes Raise Whelans Sub. ""'..""""", 760.73 or Lower @ 50.00 ........ 550.00 Donald H. and Lorraine *11 no. of Manholes Ring Lattner, Lot 7, Whelans and Cover @ 50.00.... 550.00 Sub. .................................... 763.14 *12 no. of Catch Basin... Roy Rindt Canham, Lot Single Type 103 @ N6'-1, Sub. Lot 1 Whelans 375.00 .............................. 4,500.00 Sub. and Lots ................ 90.16 *4,904.2 sq. yds. Sod, In John M. and Doris Walsh, Place @ 1.00 ."""..""'.. 4,904.20 Lot S46'-l, 1 and 2 Block *99 tons Asphalt Concrete, #1 - Grandview .............. 690.87 Surface Course @ 20.00 1,980.00 Cbarles and Stella R. Mc- *5,004.91 sq. ft. 4" Side- Lean, Lot 2, Park Add .... 750.93 walks - Remoye & Re- Marjorie S. Schweltering, place @ 1-00 ................ 5,004.91 (survivor), Lot 2-1, Min- *10,658.71 sq. ft. 6" Drive. eral Lot 43 and 44 .......... 848.34 ways. Remove & Re. Orla Stamp, Lot 1-2-2, Min- place @ 1.00 ................10,658.71 oral Lot 46 ...................... 390.59 *1,003 !in. ft. 5" Plastic Ralph F. and Lula C. Woh- Pipe, installed @ 3.00 .. 3,009.00 lers, Lot 2-2-2, Mineral '1,390 lin. ft. 1'1." Con- Lot 46 ................................ 118.55 duit, in place, including - elbows @ .80 ................ 1,112.00 $152,138.15 *39 DO. of Luminair BlÙb 'Deficiencies paid by City & Adapter installed and Wm. J. and MIldred E. wired @ 150.00 """"".. 5,850.00 Arndt, Lot 2-1-1-2, Sun. *7;580 !in. ft. 12/2 with rise Place .""'...".."...".." 46.95 ground UF 600 cable, Clifford D. and Jeanetle lnatal!ed @ .40 ............ 3,024.00 M. Healey Cont: Jerry *12 no. of Services with L. and Catherine Bart-- 'box fuse & weather lett, Lot 2-7, E. Ryan's head @ 75.00 ................ 900.00 Sub. ................. 57.33 *4,161.6 !in. ft. Trenching and Backfil! @ .60 ...... 2,496.96 'Lump Extra Work .......... 5,930.50 Total Constrnction Cool 400,976.42 'Less City Share ............260,947.61 Assessable Share ............140,028.81 8% Engineering Expense 11,202.30 5% Interest / 52 days .... 1,011.32 TOTAL ASSESSABLE ....152,242.48 24 Adjourned Regular Session January 2, 1973 Dean A. and Kathryn A. Schantz, Lot SA, GNnd- view Ave. Add. ................ 12.21 James W. and Jean A. Turner, Lot 6, Grandview Ave. Add. ............,........... 816.38 James W.and Jean A. Turner, Lot 6A" Grand- view Ave. Add. ..............., 12.49 Wilfred Knepper, Lot 7, 'Gtandview AYe. Add. .... 816.38 John Knepper, Lot 7A, Grandview Ave. Add..... 12.49 Herbert J. andAdel C. Neenan, Lot 8; Grand- view Ave¡ Add. ......;......... 816.38 Hem)" N. Pauly Cont: Rob- ert E; and.Marietta A. Cahill; WIlt 9, Grandvlew '" "-AVe. Add. ......-...........,.... 8l2i.84 John J.and. A1berta (Jae- ger) Stemm;' !Lot 10, - Grandvlew Ave. Add..... 712.66 Paul A.' !Kasel, ,Lot . 11, Grandview Ave; Add. .... 846.86 Ralph F. and Lula C. Woh- lers, LotS.l0"-13, Grand- view Me. Add. ................ 21,72 James R. and Muguerite -A. Gilloon, Lot 42,Grand- view Ave. Add. ..........,..... 91.44 James R. and Marguerite A. Gilloon, Lot 1-43, Grandview Ave. Add. .... 84.60 .Tames R. and Marguerite A. Gilloon, Lot 42A, Grandview Ave. Add..... 42.88 Anthony W. and Wilma C. Kenyon, Lot 1-44, Grand- view Ave. Add. ................ 21.16 Donald L and Mary Harje- hausen, Lot 2, Grand- view Ave. Heights .......... 1.70 Miehael W. and Dianne Marie, Luedtke, Lot .3, Grandview Ave. Heights 19.17 Jos. J. and Rosemary Rich- ard, Lot 4, Grandview Ave. Heights ""..""."""'." 56.93 Fred L. Jr. and Phyllis E. Moser, Lot 5, Grandview Ave. Heights. ..................,. 105.92 Wayne 50 and Loretta M. Benschneider, Lot 6, Grandview Ave. Heights 43.73 Wayne S. and Loretta M. Benschneider, Lot 7, Grandview AYe. Heights 2.84 Jerry F. and Judilh B. Zieg- enhorn, Lot 8, Grandview Ave. Heights .................... 776.35 Larry E. and Helen L. Oald- wel!, Lot 9, Grandview Ave. Heights .................. 780.46 816.38 $152,242.43 All of Which is a""esse<! in pro- portion to the special benefits con- ferred. 5,543.7 co. yds. Excaw- !Ion, Unclassified (52%) @ 1.40 ............................ 7,761.18 '5,117.3 cu. yds. Excava- tion, Unclassified (48%) @ 1.40 ..............--- 7,184.22 816.38 25 ¡¡I jtJØ ~- v Iii J! thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk statiog the in- tention of the City Council to Is- , sue bonds for the purpose of pro- I vlding for the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of City of Dubuque 1972 Concrete Paving With Integral Curb Project No. 1, ,Grandvlew Avenue from the W.P.L. of Southern Avenue to the S.P.L. of Whelan Street. there shall be issned street 'im- provement bonds in the amount of $150,000.00 Dollars in anticipa- tion of the deferred payment of assessments levied for such Im- provement. 2. Such bonds shall be called street Improvement bonds; and shall bear the date of February 1, 1973; and shall be numbered consecutively; and they shall be numbered, 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. 1.30, Den. $500.00, Mat. April 1, 1974. Series No.2, Bond No. 31-60, Den. $500.00, Mat. April 1, 1975. Series No.3, Bond No. 61-90, Den. $500.00, Mat. April 1, 1976. Series No.4, Bond No. 91.120, Den. $500.00, Mat. April 1, 1977. Series No.5, Bond No. 121-150, Deu. $500.00, Mat. April 1, 1978. Series No.6, Bond No 151-180 Den. $500.00, Mat. April 1, 1979. Series No.7, Bond No. 181.210, Den. $500.00, Mat. April 1, 1980. Series No.8, Bond No. 211-240, Den. $500.00, Mat. April 1, 1981. Series No. 9,Bond No. 241-270, Den. $500.00, Mat. April 1, 1982. Series No. 10 Bond. 271-300 Den. $500.00, Mat. April 1, 1983. 3. Said bonds shall bear interest at the rate of six per cent per annum, payable annually in accor- dance with coupons thereto at- tached: 26 Adjourned Regular Session January 2, 1973 -~----~~~~--~-- , Passed, adopted and approved this 2nd day of January 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. 'I Nays - None. Proof of Publication, certified to by the Publisher, of Notice of pub- lie hèaring to authorize the Is- suance of street improvement bonds in the amount of $151.001.00 to' pay for cost of construction of City of Dubuque 1972 Concrete Paving with Integral Curb Pro- ject No.1 Grandview Avenue from Southern Ave. to Whelan Street, presented and read. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Ma. yor Bitter. Carried by the follow- ing vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. RESOLUTION NO. 10-73 Resolution providing for the is- suance of Street Improvement Bonds for the Purpose of pro. viding for the payment of the as- sessed cost of City of Dubuque 1972 Concrete Paving with Inte- gral Curb Project No.1, Grand- view Avenue from the W.P.L. of Southorn Avenue to the S.P.L. of Whelan Street. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvements hereinafter described has bee n eompleted and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $151.001.00 Dollars of the cost Adjourned Regular Session January 2, 1973 27 4. Said bonds shall not make happened, and performed, in re- the City of Dubuque liable in any gular and due form, as required way, except for the application by law and said Resolution, and of said special assessment funds. for the assessment, collection and 5. Said bonds shall provide that payment hereon of said special they may be payable at any time tax, the full faith and di1igence prior to the maturity date stated of said City of Dubuque are here- therein at the option of the City by irrevocably pledged. of Dubuque and shall be in sub- IN TESTIMONY WHEREOF the stantially the following form: City of Dubuque by its Council bas caused this bond to be signed No. .............. by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 2nd day of January, 1973. Series No. CITY OF DUBUQUE STREET IMPROVEMENT BOND The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof the Sum of five hundred dollars with interest thereon at the rate of six per cent per an- num, payable annually, on the presentation and surrender of the interest coupons hereto at- tached. Both Principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond Is issued by the City of Dubuque under and by virtue of Chapter 398 of the 1954 Code of Iowa, as amended, and the Resolution of said City duly passed on the 2nd day of , January, 1973, being Resolution No. I 10-73. This Bond is one of a series of 300 bonds, all for $500.00 num- bered from 1 through 300 all of like tenor and date, and Issued for the purpose of providing for the deferred payment of assess- ments levied for the City of Du- buque 1972 Concrete Paving With Iotegral Curb Project No.1, Grand- view Avenue from the W.P.L. of Southern Avenue to the S.P.L. of Whelan Street, as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said im- provements and Is made by law a lien on all of said property. It is payable only out of the Spe- cial Assessment Fund 1295 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and re- cited that all the acts, conditions and things required to be done, prededent to and in issuing this series of bonds, have been done, ........................................................... Mayor .......................................... City Clerk (Form of Coupon) On the ........ day of ........................, the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of "."...............................Dollars, in the office of the City Treasurer in the City of Dubuque, being """'.""""".. months' Interest due that date on its """......................Bond No. "'.'.".". dated .......................... Mayor ....................................................... City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be pre- pared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then deliver them to the City Treasurer. 7. That the City Treasurer is hereby Instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund 1295 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Ma- yor and countersigned with the facsimile signature of the C i t Y Clerk. 9. That as fast as funds allow, beginning with the second year ~¡* iJ1k"~' RESOLUTION NO. 11.73 WHEREAS, the property owner of Lot 9 and Lot 10 in the Ctio-Que Incorporated No.2 Addition in the City of Dubuque, Iowa, has filed with the City Clerk of the City of Dubuque, Iowa, a petition re- questiog the vacation of the platted five foot (5') wide easements in said Lot 9 and Lot 10, and WHEREAS, the property owner has submitted a plat for the pur- pose of extioguisbing the five foot (5') utility's easements shown thereon; and WHEREAS, the public utility com- panies entitled 00 use said ease- ments have consented to said va- cation; and WHEREAS, Sections 409.18 and 409.19 of the 1971 Code of Iowa provide for the vacation of plats in this manner; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that said petition and plat for the vaca- tion of the platted five foot (5') wide easements in Lot 9 and Lot 10 in Clin-Que Incorporated No. 2 Addition in the City of Dubuque, Iowa, be and the same are hereby approved, and the Mayor and Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat for the vacation of the aforemen- tioned easements. Passed, adopted and approved by the recorded roll call vote this 2nd day of January 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 12.73 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having 28 Adjourned Regular Session January 2, 1973 after the payment of interest due, these bonds shall be called and retired in the same order as num- bered. The notice of election to call these bonds shall be given by Regular Unilted States Mall ad- dressed to the last known address of the purehaser. 10- Passed, adopted and ap- proved this 2nd day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. December 29, 1972 Honorable Mayor and Councilmen The Dubuque Planning and Zon- ing Commission has reviewed the petition of J. Allen Wallis, Jr., requesting the vacation of the plat- ted five foot (5') wide easements in Lots 9 and 10 in Ctio-Que In- corporated No.2 Addition in the City of Dubuque, Iowa. The Com- mission has found that the vaca- tion of these easements has been approved by the City Eugineer and by all utility companies that would have access 00 them. It is the opinion of the Planning and Zoning Commission that the easements serve no present or future purpose and the Commission has recom- mended that the easement be va- cated as requested. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Maynr Bitter, Council. men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. .. -" Adjourned Regular Session January 2, 1973 29 complied with the provisions of I law relatiog to the sale of Cigarett- es within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Earl Tegeler, 2311 Win d sor Avenue. Douglas Schlickman 1450 Loras Blvd. BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 2nd day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmarm Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 13.73 WHEREAS, applications for Beer permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and permits issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Joseph E. Bell, 263 Main Street. CLASS "c" BEER PERMIT John Neumeister, 729 Lincoln Avenue Earl John Tegeler, 2311 Windsor Avenue Passed, adopted and approved this 2nd day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second. ed by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 14-73 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 00 be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer permit. CLASS "B" BEER PERMIT Joseph E. Bell, 263 Main Street. CLASS "c" BEER PERMIT John Neumeister, 729 L i n coin Avenue Earl John Tegeler, 2311 Windsor Avenue. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 2nd day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 15-73 WHEREAS, applications for LI- quor 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 Donald Kies, 2620 University Aveuue. Thomas Andresen, 1080 UnIver- sity Avenue. Urusla Drake, 1097 Jackson Street James P. Kachevas, 665 Dodge Street. Josephine Burke, 1445 C e n tral Avenue. Passed, adopted and approved this 2nd day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen 30 Adjourned Regular Session January 2, 1973 the City of Dubuque, Iowa that the following applications be grant- ed and licenses issued upon the compliance with the terms of the Iowa Liquor Control Act-Chapter 131-as amended by the 64th Gen- eral Assembly, 1971. CLASS"C" COMMERCIAL BEER LIQUOR LICENSE D. A. V. Club Piazza 20 Lounge, Inc. 2600 Dodge Plaza 20. Donald Kies, 2620 University Avenue. Thomas Andresen, 1080 University Avenue. Urusla Drake, 1097 Jackson Street. James P. Kachevas, 665 Dodge Street. Josephine Burke, 1445 C e n tral Avenue. Passed, adopted and approved this 2nd day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Thoms. Nays-None. RESOLUTION NO. 16.73 WHEREAS, applications for Li. quor licenses were filed by the within named applicants and they, have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City or. dinances relevent 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 LIQUOR LICENSE. D. A. V. Club Plaza 20 Lounge, I Inc., 2600 Dodge Plaza 20. ' """'- Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Mayor Bitter moved that the City Solicitor be instructed to draft . resolution officially expressing the sorrow of the Council aud inhabi- tauts of the City in the untimely death of Carl Firzlaff. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler Thoms. Nays-None. Councilman Thoms moved that the Council meet on Friday Jan- uary 5, 1973, in the Council Cham- bers at 4:30 P.M., in an informal way, and each succeeding Frida) thereafter, for four consecutive Fridays, to consider the agenda as prepared by the City Clerk to be considered at the following rep- ular meeting of each Monday night. Seconded by Councilman Just- manu. Carried by the following vote: Yeas-Councilmen Just- mann, Moldenhauer, Thoms. Nays-Mayor Bitter, Councilman Pregler. There being no further business Mayor Bitter moved to adjourn. Seconded by Councilman Pregler. Just- Adjourned Regular Session January 2, 1973 Carried by the following vote: Yeas-Mayor Bitter, Councilmen Thoms, Justmann, Moldenhauer, Pregler. Nays-None. Leo F. Frommelt City Clerk. Approved 1973 Adopted 1973 ......,....,.....,........,..,.........,.................... Councilmen Attest: ...........................................-..... City Clerk 31 tion of the so-called "successful" as being contrary to his makeup and personality; and WHEREAS, the untimely death of this native son of Dubuque, can in no way be mitigated or lessened in terms of the loss to the City of Dubuque and Its inhab- itants and particularly to his belov- ed wife, who survives him, namely Frances J. Firziaff, it Is the sense of the City Council for and on behalf of the inhabitants of the CIty of Dubuque, Iowa to formally go on record to express the con- dolences to the Immediate family of the deceased, as well as to memorialize by official action that. while Carl A. FirzIaff has left these earthly houndaries, his loving con. cern, his kindness, his humility, his strength and his towering cap- abilities sball not go unmarked or unremembered. 32 Special Session, January 8, 1973 CITY COUNCIL OFFICIAL. Special Session, January 8, 1m. Council met at 7:30 P.M. (C.S.T.) Prosent - Moyor Bitter, Coun. cilmen Justmann, Moldenhauer, Pregler, Thoms. City Manager Gil. bert D. Chevonelle, Mayor Bitter read the call and stated that service thereof had been duly made and this meeitug is called for the purpose of actiog upon such business as may pro- perly come before the meeting. RESOLUTION NO. 18-73 WHEREAS, Charles A. Firzlaff passed away unexpectedly in Du- buque, Iowa on January 1, 1973 thereby resulting in a poignant loss to his family, friends and this com- munity, he so manifestly loved; and WHEREAS, the said Charles A. Firzlaff, who was affectionately and lovingly known and called by his friends and associates "Carl", for many years was prominent in the business, industrial, g 0 v ern- mental and social activities in and for the City of Dubuque, Iowa, having achieved the preeminence within banking circles of having been elected President of the First National Bank of Dubuque, Iowa on January 19, 1966 and under whose guidance the said ban k voiced a resounding confidence in the City of Dubuque, Iowa by lend. ing substantial assistance to the Urban Renewal Program in the downtown area. This confidence was augmented by substantial con- tribution thereto of time and effort and a display of utmost confidence and foresight in purchasing land in the new Urban Renewal Area; and WHEREAS, Carl Firzlaff was a native of the City of Dubuque, Iowa, and, while he achieved pre- eminence in every field of endeav. or in which he lent his name and efforts, he still, despite all his prominence, managed to retain himself as a simple unassuming, guileless, lovable person complete- ly shedding the pseudo-sophistica- :~." NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa does formally and officially express the deep sorrow and sense of loss felt by the inhabitants of this fair City be reason of the untimely death of Charles A. (Carl) Firzlaff and that his loss to this community can in no way be mitigated and in no way be lessened but can only be memorialized as It Is within frail human capabilities so to do. lt Is appropriate, therefore, that this evidence of the esteem and love and high regard that Carl was held by those who knew him, those who were associated with him and by those who were the beneficiaries of his boundless hum. anitarianlsm be properly documen- ted upon the City records. Section 2. That is is the direction of the City Council that the City Clerk file this Resolution in the permanent records of the City of Dubuque, Iowa and that a certified copy hereof be delivered to the aggrieved widow, Frances J. Firz- laff, as a testimonial of the love and high regard in which her be- loved, deceased husband was held within the precincts of this com. munlty. Special Session, January 8, 1973 33 Passed, approved and adopted this 8th day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilman Attest: Leo F. Frommelt City Clerk Councilman Justmann moved a- doption of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Communication of Iowa State De. partment of Health advising that the Iowa Water Pollution Control Commission has approved an ad- justment in the State grant for Treatment Waterworks to $664,868.00 w hie h represents a grant increase of $332,454.00, pre. sented and read. Councilman Pre- gler moved that the communication be received and filed. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Communication of Iowa S tat e Highway Commission submitting a transcript of the public hearing which was held on September 14, 1972, on the corridor study of the north - south Freeway, presented and read. Councilman Pregler moved that the communication and study be received and filed. Se- conded by Councilman Moldenhau- er. Carried by the following vote: Yeas-Mayor Bitter, Councilmen . Justmann, Moldenhauer, Pregler, I Thoms. Nays-None. Communication of Teleprompter Coble Communications Corporation advising of the filing of an appli- cation for renewal of license of business Radio Station KUX 87, and also filed applications for certi- ficates of compliance to add the signals of station WSNS, Channel 44 Chicago, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Mol- denhauer. Carried by the following vote: Yeas-Mayor Bilter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Communication of Congressman John C. Culver, submitting a list of data definitions, sources, and effective dates of data elements used to determine the intro-state allocations under the local Fiscal Assistance Act of 1972, presented and read. Councilman Pregler moved that the communication be received and filed and referred to the City Manager. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Communication of Task Force Chairman, Ass't Manager P a u I Fischer, requestiog a thirty day extension to submit their recom- mendation on the Pollee Depart- ment Handbook, presented and read. Councilman Justmann moved that the extension be granted. Se- conded by Councilman Bitter. Car. rled by the following vote: Yeas-Mayor Bitter, Councilman Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Printed Council proceedings for the month of October 1972, present- ed for approval. Councilman Pre- gler moved that the printed Coun- cil proceedings for the month of October 1972 be approved as print- ed. Seconded by Mayor Bitter. Car. ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. January 5, 1973 Honorable Mayor and Councilmen The Dubuque Planning and Zon- ing Commission has held a public hearing on a request to reclassify property at 808 Rhomberg Avenue from Two Family Residence to Local Business "B" classification. This property is legally described as Lot 14 in Drelbelbles Addition in the City of Dubuque, Iowa. Nays-None. Abstained-Councilman Justmann. January 5, 1973 Houorable Mayor and Councilmen The Dubuque Planning and Zon- ing Commission has considered a request of Mr. Delos A. Dorweiler to reclassify Lot 10 of Block 3 of the Mettel-Link Subdivision in the City of Dubuque, Iowa, from Single Family Residence to Local Business "A" classification. The Commission has found that this lot is the only remaining unde- veloped parceI. in the Mettel-Llnk Subdivision which was platted and approved in 1966. The Commission has also determined that the accep- tance of this subdivision and the establishment of the Single Family Residential zoning classification on it represented a commitment to future owners of the, subdivision property that this area would be devoted to single family residential use or to other uses that would enhance that residential environ. ment. It is the opinion of the Plan- ning and Zoning Commission that the extension of a commercial zon- ing district 00 the property in ques- tion would violate that commitment and would not be in accordance with the zoning plan for the area. The Planning and Zoning Com. mission has made the further de- termination that no purpose is served in conductiog a public hear- ing on this petition and has recom. mended that it be denied. City Planning and Zoning Commission Daniel Dittemore Development Planner Councilman Thoms moved ap' proval of the denial. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. 34 Special Session, January 8, 1973 It was the opinion of the Com- mission that the proposed reclassi. fication would constitute a further encroachment of commercial use into a stable residential neighbor- hood, and that planning for this area envisions no such expansion of this existiog business zone. It is the recommendation of the Du- buque Planning and Zoning Com- mission that the petition be denied. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Pregler moved that the recommendation of denial be approved. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays-Councilman Justmann. January 5, 1973 Honorable Mayor and Councilmen The Dubuque Planning and Zon- ing Commission has reviewed the petition of Mr. Duane Chase and Mrs. Marie Sullivan to reclassify property at 1710, 1726 and 1740 Asbury Road in the City of Dubu- que, Iowa. from Two Family Res- Idence DIstrict to Multiple Res- idence classification. The commission has viewed the property and has considered the request In relation to the character and stability of adjacent develop- ment and in relation to proposed zoning for this area. Development in the vicinity of this property is predominantly single family and two family residential and the pro- posed zoning for the area is not intended to foster the establish- ment of higher residential densi- ties. The Planning and Zoning Com- mission has determined that there would be no purpose served in conductiog a public hearing on this request and has recommended that it be denied. City Planning and Zoning Commission Daniel DIttemore Development Planner Councilman Pregler moved ap- proval of the denial. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. ,'" , Special Session, January 8, 1973 Mr. Delos Dorweiler addressed the Council in behalf of his pe- tition, which was submitted to the Planning & Zoning Commission. January 5, 1973 Honorable Mayor & City Council On the 8th day of December, 1971, Agnes Terry commenced an action against the City of Dubuque In the District Court of Iowa, in and for Dubuque County, being Law No. 39400, claiming that she suffered personal injuries as a re- sult of a fall on a public walk at or near 658 W3rd on the south- erly side of W. 3rd, in the City of Dubuque, and that as a result of said fall, she suffered a fractur- ed left ankle and incurred hospital bills and expenses in the amount of $1,114.90 and loss of wages in the amount of $1,045.00. This matter was referred to the City Attorney who conducted an investigation thereof and made the appropriate defenses to said litiga- tion and the matter was set for trial before a jury on the 26th day of November, 1972, and just immediately before said trial the plaintiff made an offer of settle- ment In the amount of $2,500.00. It is the recommendation of the City Attorney that said offer of settlement in the amount of $2,500.00 be accepted and that war- rant payable to the plaintiff in that amount be issued by the Audi- tor and transmitted to the City Attorney for delivery upon receipt of Dismissal with Prejudice and Releases and that the court costs in the amount of $27.50 should be paid by the City and the City Auditor be directed to issue War- rant in said amount payable to the Clerk of Court. Copy of Original Notice with pe- tition attached and copy of claim is returned herewith. R.N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. 35 January 4, 1973 Honorable Mayor and City Council On November 10, 1972, Mr. E. D. Forslund of 699 Kane Street, Dubuque, Iowa addressed a com- munication to the City Council complaining about the claim that be had filed on September 13, 1972 which was referred to the City Attorney who thereafter advised the claimant to seek his remedies against the contractor and which the claimant attempted to do and he did assert his claim against the contractor but received no sat- isfaction from said contractor or its insurance carrier and on No- vember 5th he was advised that the contractor denied liability for any damages suffered by the clai- mant due to the existence of an excavation on a public street at a point 200 feet north of Kaufman Avenue on North Grandview. At the time of the alleged damage, the street had been excavated b.- Fondell & Sons, Inc. of Dubuque, Iowa. The communication of said clai- mant on November 10, 1972 was referred to the City Attorney who then communicated by letter with the contractor and received no re- ply or an acknowledgment and sub- sequently, by letter, on November 22, 1972 after having originally communicated with the contractor on September 22, 1972, concerning the City's position. Thereafter, on November 30, 1972, the City Attorney again com- municated by letter with Fondell & Sons, Inc. concerning the claim of E. D. Forslund and received no acknowledgement or reply therefrom. Thereafter, the City Attorney was advised that the City Engi- neering department had funds of the Fondell & Sons, Inc. and on December 15, 1972 the CIty Attor- ney wrote to the City Engineer requestiog that they withhold pay- ment of $3700.00 until they received further ÎUStruction from the CIty Attorney and copies of said com- munication were sent 00 the Coun. cilmen as well as the City Manager as well as to the contractor, Fon- dell & Sons, Inc. Thereafter, on December 27, 1972 a copy of release was received showing that Fondell & Sons, loco Special Session, January 8, 1973 was held before Judge Roger F, Peterson, Judge First Judicial Dj, trlct and on December 27, 1972 the .ald Honorable Roger F. Pet erson filed his Decree in the above entitled cause and held that the Dubuque County Board of Super- visors were owners of Rockda Road in Dubuque County, Iowa on the 12th day of October, 197' for the purposes set forth in Section 362.30 of the Code of Iowa of 1971 which relates to petitions for the voluntary annexation. The costs of the action have been assessed to the plaintiffs. A copy of the Decree together with a copy of the pleadings herein are returned herewith. This matter is successfuly con cluded and the plaintiffs have thirty days from December 27, 1972 in which to perfect an appeal to the Supreme Court of Iowa. R. N. RullSO City Attorney Councilman Moldenhauer moved that the commnnlcatlon be receiv ed and filed. Seconded by Mayor Bitter. Carried by the followin vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Notice of claim of Charlene Van. Vors, ill an undetermined amount, for _sonal injuries received in a fall on an icy sidewalk at Staf- ford & Rhomberg Ave. on De cember 27, 1912, presented and read. Councilman Pregler moved that the ootice of elalm be re- ferred to the City Attorney for investigation and reporL Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann. Moldenhaner, Pregler, Thoms. Nays-None. Notice of claim of John Hrynkow in an estimated amount of $47.86, for car damage incurred as th' result of heing struck by a clty- owned salt truck at 640 Harvard Street on December 24, 1972, pre. sented and read. ConaclIman Pre gler moved that the IlOtiæ of claim be referred to the City Attomev for investigation and report. sè- 36 of Dubuque, Iowa had comprom- ised and settled the claim of Mr. Forslund and a copy of the release was transmitted to the City At- torney. Accordingly, this matter has now beeu properly adjusted and it I' recommended that the claim of Mr. Forslund together with his communIcatIon of November 10, 1972 be denied as he has been restored whole. R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter Councilmen, Justmann, Moldenhauer, Pregler, Thoms. Nays-None. January 4, 19;, Honorable Mayor and City Council On the 12th day of October, 1970, the City Council of the City of Dubuque, Iowa passed and adopte' a Resolution annexing a certain area to the City of Dubuque, Iowa and in which wa. located the trail- er court, elementary school, an' a cheese factory and Included in the area was a portion of Rockdale Road, all of which was annexed to the City of Dnbuque, Iowa by voluntary petition. TIle Co u n t y, through its Board of Supervisors joined in the voluntary petition as owner of a portion of Rockdale Road in question. Thereafter, Ri- c- J. Koœ and Kathryn Koos commenced an action against Du- buque County, Iowa and Dubuque County, Iowa, Board of Supervisors alleging that they were the owners of Rockdale Road and that the Counly Board of Supervisors were uot such owners of the roadway as would authurl2e the County' voluntarily join in a petition for annexatloo and also, asking tha' Dubuque County, Iowa be enjoined from proceedin& any further wi' t.he annexation proceedings. Thereafter, 011 the 28th day of July, 1971, Judge Nelson Ot'dered the City of Dubuque, Iowa to be made a party to the lawsuit and tbereafter, the matter came' c' for trial on the 17t1t day of April 1973 at wbiclr time a full hearing '" Special Session, January 8, 1973 37 oonded by Councilman Moldenhan er. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pre¡¡ler, Thoms. Nays-None. Pctition of Councilman Pregler requestiog reconsideration of Or. dinance No. 49-72 which was an amendment to the Zoning Ordin. ance & Zoning Map of the Cit- of Dubuque Known as Ordinance No. 3-34, by adding a new subsec- tion (n) to section 2 of Article IV thereof, to permit medical offic- es and accessory uses within cer- tain described areas of the Mul- tiple Residence District, said Or- dinance was never allowed 00 ad- I vance to a public bearing, pre- sented and read. Councilman Mol- denhauer moved that the petition be received and filed, Seconded by Mayor Bitter. Carried by the following vole: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. NaYS-None. Councilman Pregler moved that the reading just had on Ordinance No. 49-72 be considered the first reading of the Ordinance. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Councllmen Moldenhauer, Pregler, Thoms. Nays-Mayor Bitter, Councilman Justmann. Councilman Pregler moved that I the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Thoms. Carried by the follow- ing vote: Yeas-Councilmen Moldenhauer, Pregler, Thoms. Nays-Mayor Bitter, Councilman Justmann. Councilman Pregler moved that Ordinance No. 49-72 be set down for a public hearing on February 26, 1973, in the Council Chamber in the Oity Hall, and the City Clerk be instructed to publish no. tice of the hearing in the manner required by law. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Councilmen Moldenhauer, I Pregler, Thoms. Nays-Mayor Bitter, Councilman Justmann. Petition of Peoples Natural Gas requeøtlng permls~lon to excavate at 200II University Ave, 00 Urvlce a new customer, presented and react Councilman Mol denabuer moved approval of the Petition. Seconded by Mayor Bitter. Car- ried by the following vote: Yeas-Mayor Bitter, ColIII<!ilmen JustmalUl, Moldenhauer, PrClgler, Thoms. Nays-NOIIØ, Petition of K .. K Heating Co. requestiog a $5.00 refund on a heatiog permit No, Z16OO which was Dever used, said refund Was approved by the building depart- ment, presented and read. Council- man Moldenhauer moved that the petition be granted and the AUditor instructed to 1.~Ue proper warrant. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenbauér, Pregler, Thoms. Nayø-None. Petition of Andrew D. .. Gust Karigan, reqlJeiÜng OOIISideration of their seeODd floor property at 4th " Central Ave., in the event that temporary offic.. are needed in the reoovat!oll of the City Hall, presented and read. Councilman Moldenhauer moved that the po- tlt!oII be referred to the Council Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Mol<MnhaUè1', Pregler. Thoms. Nays-:None. Petition of Carl J. Lemmer, by David W. Leifker, attorney, re- questing rezoning of Lot 2 of , of10f20fS\!oofLot2of 1 of M. L. 452, See. 11-, Dubuque Twp. from Sln¡le Family to Local Business "An classification locat. ed on J. F. K. noad, presented and read. Councilman Moldenhauer moved that the petition be referred to the Planning & Zoning Com- mission. Seconded by Mayor Bltte,., Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Communication of Department of Justice by Robert D. Jacobson, Ass't Attorney General of the State Special Session, January 8, 1973 38 Special Session, January 16, 1973 39 1973 of Iowa, advising that the Iowa I Approved Beer & Liquor Control Department hearing Board has set down the appeal in the case of Phillip T. I Adopted Langas being denied an application for a class "B" beer permit, for January 12, 1973 at Des Moines, and inquiring if anyone from the city will be present to submit evi- dence in support of the trial, pre- sented and read. Mayor Bit t e r moved that City Attorney Russo be authorized 00 attend the hearing and represent the City. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays-Councilman Justmann. Mayor Bitter submitted the fol. lowing for appointment to the Hu- man Rights Commission Dean Mil- ler and Wm. R. Donohue 00 three year terms in place of Dr. Vernon and Charles E. Stork and Susan Hipschen to an unexpired two year term of Patrick R. Quinn. Mr. Frank Miller to the Advisory Com. mission to fill the unexpired term of J. Timothy McNell to June] 1975. Councilman Pregler moved ratification of the appointments. Seconded by Councilman Just- mann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. There being no further businesc Councilman Thoms moved to ad- journ. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Leo F. Frommelt City Clerk CITY COUNCIL Councilman Moldenhauer moved that the. communication from the Audubon Society be received and filed and referred to the Health Department. Seconded by Council man Justmann. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilman Justmann, Moldenhauer, Pregler Thoms. Nays-None. Communication of International Union of Operatiog Engineers sta. ting that they met with the Mayor and outlined their position on cur. rent wage negotiations, and'reques- ting an oPPOrtunity to be present at this meetiog and discuss their working agreement, presented and read. Mr. Wm. Sweeney, president of the Operatiog Engineers, repre. senting the Waterworks employees, addressed the Council by stating that they still have eight different issues that are not. resolved. Coùucilman Pregler moved that the CIty Manager and staff be requested to prepare a report to the City Council as to the status of the pay plan of the operatiog Engineers. Seconded by Mayor Bit- ter. Vote on the motion was as follows: Yeas-Mayor Bitter, Councilman Pregler. Nays - Conncllman Justmann Moldenhauer, Thoms. MOTION FAILED. 1973 OFFICIAL. Special Session, January 16, 1973. Council met at 7:30 P.M. (C.S.T.) Present - Mayor Bitter, Coun. cilmen Justmann, Moldenhauer, Pregler, Thoms. City Manager Gil- bert D. Chaw_lIe. Mayor Bitter read the call and stated that service thereof had been duly made and this meetiog is called to consider a resolution approving a two year option by Thermolyne Corporation for .t h e purchase of land in Riverfront Sub. No.3, and acting upon such other bl,lSiness .as maY properly come before a regular meetiog of the Council. , Communlcatiønof, Iowa AIr Pol- lution Contrul Commission advising of. a public hearing for the estab- lishment of rules. and",regutatlons relating to air pollution control c( vering control of odors, emission data, and. contrul of, particulates from mineral products industries, presented and read. . Councilman Pregler moved that the communi. cation be received and filed and the, Manager advise members of the staff to attend the meetiog. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Communication of Dubuque Au. dobon Society submitting remedies to cope with the local pigeon prob- lem such as eliminatiog free food, roostiog and nestiog possibilities, clean up grain areas, nooks, bell towers etc. presented and read. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Mrs. Patricia H. Heindenrelch, President of the Dubuque Audubon Society, addressed the Council real tive to her petition. ............................................................ Councilmen ............................................................ Attest: City Clerk. Councilman Justmann moved that the City Manager and staff immediately establish early con- tact with the Operating Engineers with a view 00 explicitly stating the City's position at this point. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Mayor Bitter moved t hat James Collins be re-appointed 00 the Dubuque Human Rights Com. mission for a three year term to January 1, 1976. Seconded by Coun- cilman Thoms. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Jaøuary 9, 1973 Honorable Maror and CIty Council On November 15, 11172, Gary W. Marburger of 2938 Washington Street, this city, filed claim against the City of Dubuque in the amount of $35.00 and alle¡¡ing said damages resuJUd as the result of a sewer backup on November 9, 1972. This matter was referred to the appropriate CIty Agency who re- ported by letter 00 the City At- torney that they find 110 actionable liability or negligence on the part of the City and in view of the foregoing, it Iø the recommenda- tion of the City Attorney that said claim be denied. Original claim Is returned here- with. 40 Special Session, January 16. 1973 JIUlUary 9. 1973 Hðnorahle Mayor al1d CIty CoUllcil OIl October 26, 1972, McDoweD Appliance of 1838 CeJ1tral Avenue, this city, filed claim against the City of Dubuque in the amount of $35.00 allegin¡¡ said damages were the costs and expenses they incurred in cleaning up their base- ment due to a sewer backup. This matter was referred to the appropriate CIty Agency who reo ported by letter to the CIty At. torney that they find 110 liability 011 the pan of the City and iI1 view of the foregoing, it is the recommendation of the CIty At- tomey that the claim of McDowell Appliance be denied. Originel claim Is returned here. with, R. N. Russo City Attorney CollllCilman Pregler moved ap. proval of the recommendation. Se- conded by Mayor Bitter. Carried br the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nay¡¡-None. January 9, 1973 Hon. Mayor and City CoUllcll On October 2, 1972, Mrs. Tom Schoee of 920 Althauser Avenue, this city, filed claim against the City of Dubuque in the amount of $245.00 alIelliJ¡g damages ocur. ring on Auguat 2, 1972 and Sep. tember 12, 11172 caused by a falling retaining waD eauslng water dam. age to personal property and to their yard. ThIs matter was referred 00 the appropriate City Ageney who, ad. vised the City Attorney by letter that Bald claim had been amicably diBpOIIed of. Accordingly, said claim I. here- with denied, and original claim is returned herewith. R. N. Russo CIty Attomey Couneilman Pregler moved ap- proval of the recommendation. Se- cOI1ded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, CoUllcilmen J1I$tmanD, Moldenhauer, Pregler, Thoms. Nay¡¡-None. 'Ji R. N. Russo CIty Attorney Councilman Pregler moved ap. proval of the recommendation. Se- conded by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council. men Justmann, Moldenhauer, Pregler, ThomB. Nays - None. January 10, 1973 Hol>Orable Mayor and City Council On August 16, 1972, St. Joseph Mel'CY Hospital of Dubuque com. menced an action agai.not the City of Dubuque, Iowa in the District Court of Dubuque County, Iowa asking for Decla:atory Judgment relating to an Issue arising in and out of a iIOning classification. You are herewith advised that said action was dismissed on the 8th day of January, 1973 without prejudice by plainliff. Copy of said petition with orig- Inal notice snd copy of laid di.. missal are attacl1<>d hereto. R. N. RullSO Ciity Attorney Couneilman Pregler moved that the communication be received and filed. Seconded by Mayor Bitter. Carnied by the following vote: Yeas - Mayor Bitter, Council- men Jlli'tmann, Moldenhauer, Preg. ler, Thoms. Nays-None. Special Session, January 16, 1973 January 9, 1973 Honorable Mayor and City Counce On June 2, 1970, Cletus Paul Grace commenced an action j- !be District Court of Iowa, in and for Dubuque County, against An thony Rhomberg, Frank Hardie Advertising, Inc. and CIty of Du- buque, Iowa as defendants in Law Action No. 39112 claiming damages in the amount of $75,000.00 for injuries allegedly received as th, result of a fall occasioned by an allegedly defective condition of , public sidewalk in the 700 block of Hili Street and that as a result of said fall he suffered injuries of a permanent nature resultiog in loss of wages, medical and hos- pital bills and permanent dis- ability. That as a result of said fall, the said Cletus Paul Grace, suf- fered loss of wages in the amoun' of $2,145.00, incurred hospital bills in the amount of $1,003.85 and med- ical bills of $435.00, physical ther- apy expenses in the amount of $133.50 and that the said Cletus Paul Grace was a diabetic, had loss the sight of his left eye since ahout 1965 and was suffering from a problem with his right eye allegedly worsened since the accident and that the plaintiff had patella removed and in the opinion I. of his physician, Dr. Julian D. Nemmers, M.D., the plaintiff was I suffering from a permanent im- pairment of 25 per cent of the left lower extremity as the result of his injury. This matter was being prepared for trial at which time the plain- tiff made an offer of settlement in the amount of $9,000.00 and that said amount of settlement was to he paid in the amount of $3,000.00 by defendant, Anthony Rhomberg, $3,000,00 to be paid by defendant, Frank Hardie Advertising, Inc. and $3,000.00 to be paid by the City of Dubuque, Iowa. That costs in !be amount of $18.00 should be paid by defendant, City of Dubu- que, Iowa. That said offer of settlement should be accepted for and on behalf of the City of Dnbuque and that the CIty Attorney should be I authorized, empowered and direct- ed to confess judgment for and on behalf of !be City of Dubuque, 41 Iowa in favor of the p I a in tiff against the City in the amount of $3,000.00 and same to bear in. terest at the rate of 5 per cent and same shall be pursuant to stipulation a copy of which Is here- to attached and by reference made a part hereof. R. N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Se- conded by Mayor Bitter. Carried by the following vote: Yea¡¡-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nay¡¡-None. Jannary 11, 1973 To the Honorable Mayor and Members of the CIty Council. In accordance with the provi- sions of Chapter 365 Code of Iowa 1971, the Civil Service Commission conducted entrance examinations on November 15, 1972, for the Fire Department. The following named persons have passed both the written and physical examinations and are hereby certified for appointment to the Fire Department. Schaefer, Richard C. ................84% Potter, James A. ........................77% Respectfully submitted, Gerard B. Noonan Chairman Marvin Van Sickle Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk. Subscribed and sworn to before me this 11th day of January 1973. F.ugene J. Berens Notary Public Councilman Pregler moved that the communication be received and filed and made a matter of record. Seconded by Councilman Molden. hauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Notice of claim of Paul Buechele, in !be amount of $400., for property damage Incurred as the result of a backed-up sewer at 1919 Rhom- --___",",jl"" Petition of Clyde Bradley, re- questiog a refuod of $50. on the unexpired portion of cigarette Ii. cense No. 235, as he has dlscon- tioued business on 11-7-72, pre- seuted and read. Councilman Just- mann moved that the petition be granted and the Auditor instructed to Issue proper warrant. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilman Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of A-1 Plumbing Cooling & Heatiog Co. requestiog per. mission to excavate at 2900 Central Ave. to repair a leaking service line, presented and read. Council- man Moldenhauer moved that the petition be granted. Seconded by Councilman Bitter. Carried by the following voté: Yeas-Mayor Bitter, Councilmen, Moldenhauer, Pregler, Thoms. Nays-none. Petition of American Legion Au- xiliary requesting permission to conduct poppy day sales on May 25th and 26th, presented and read. Councilman Moldenhauer moved approval of the petition. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. 42 Special Session, January 16, 1973 berg Ave., allegedly caused by a city crew working in the area on January 3, 1973, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investiga- tiou and report. Seconded by Coun- cilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Notice of claim of Henry F. Baal, in the amount of $161.00, for pro. perty damage incurred as the re- sult of a backed-up sewer at 1913 Rhomberg Ave. allegedly caused by a city crew working in the area on January 3, 1973, presented and read. Councilman Pregler moved that the notice of claim be réferred to the . City Solicitor for investigation and report. Se- conded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Mississippi Vall e y Milk Producers Ass'n. requestiog a refund of $25. on the unexpired portion of cigarette license No. 256 as they have discontioued business on 1-4-73, presented and read. Councilman Justmann moved that the refund be granted and the Auditor instructed to Issue proper warrant. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Thoms. Nays-None. Petition of Mississippi Valley Milk Producers Ass'n requestiog a refund of $56.25 on the unexpired portion of Class C beer license No. 3001, as they have discontioued business on 1-4-73, presented aD" read. Councilman Justmann moved that the refund be granted and the Auditor instructed to issue pro- per warrant. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Thoms. Nays-None. Petition of National Federation of the Btiod requestiog to appear before the Council at the meetiog to discuss the need for including haudicapped in the Civil Rights Ordinance. presented and read. Mayor Bitter moved that the peti- tion be received and filed and re- ferred to the City Attorney for early attention. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Sally Harkey of 1190 University and Mrs. Richard Brown of 1215 Lincoln Ave. both. addressed the Council relative to the petition of the National Federation of the Btiod, Dubuque Chapter. Special Session, January 16, 1973 Petition of Northwestern Bell Telephone Co. requestiog permiss- ion to excavate at the intersection of Penusylvanla and J. F. K. Road to facilitate placing new cables, presented and read. Councilman Pregler moved that the petition be granted. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION No. 19.73 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMI'lTEE on Octo- ber 20, 1972 recommended to the City Council in writiog that the application for an option by Ther- molyne Corporation of Dubuque of , some 7.206 acres in Blocks 12 and I 13 River Front Subdivision No.3 was approved; and WHEREAS, City Council directed the City A1Itorney to prepare an Option Agreement sub stantially containing the terms and condi. tions as set forth in the MAYOR'S INDUSTRIAL COMMI'lTEE'S re- port to the City Council dated Oct- ober 20, 1972; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Option Agree- ment to be entered into by and between the City of Dubuque, Iowa and the Thermolyne Corporation, covering the following described real estate: Lot 1 of Block 12, Block 13, and Lot 1 of Block 14 in "River Front Subdivision No.3" in the City of Dubuque, Iowa. which provides for an option for a two year period at $275.00 per acre per year payable in advance, a copy of which Is hereto attached, marked Exhibit "A" and by ref- erence made a part hereof, be and the same Is hereby approved. Section 2. That the City Clerk be and he is hereby ordered and directed to publish notice of intent I to dispose of interest in real es- I tate as is by law required. Passed, adopted and approved I this 16th day of January, 1973. Joseph J. Bitter Mayor , Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Councilman Thoms moved that the City Planner and City Solicitor prepare a resolution urging the adoption of the 1972 HIghway Act including the emergency bridge program, financing etc. for the Dubuque bridge. Seconded by May- or Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. There being no further business Councilman Pregler moved to ad- journ. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Leo F. Frommelt CIty Clerk. Approved .................................. 1973 Adopted .................................... 1973 ............................................................ Councilmen '\.ttest: .................................................. City Clerk. 43 - - --- 44 Special Session, January 22, 1973 ing policy, presented and read. Councilman Thoms moved that the communication be received and fil. ed. Seconded by Councilman Mol. OFFICIAL. I d~auer. Carried by the following Special Session, January 22, 1973. vo~~aS-MaYOr Bitter, Councilmen Council met at 7:30 P.M. (C.S.T.) Justmann Moldenhauer Pregler Present - Mayor Bitter, Coun. Thoms. ' " cilmen Justmann, Mol danhauer, Nays-None. Pregler, Thoms. CIty Manager Gil. January 16, 1973 bert D. Chavonelle. Dubuque City Council Mayor Bitter read the call and To the Members of the City of stated that service thereof had Dubuque Conference Board: been duly made and this meeting RE.: Protest of assessment of is called for the purpose of Con. real estate owned by Stampfer sidaring a Petition of Annexation Bldg. Co., 800 Main St., City Lots submitted by Richard C. Henschel \ 29, 30 & S.1.3 of 31 for property abutting Thomas The Stampfer Bldg. Co. repre- Farm Addn., and actiog upon such sentatives appeared before the City other business as may properly Board of Review on May 11, 1970, come before a regular meetiog and the Board of Review lowered of the Council. their actual value from $668,496.00 Communication of Catholic Mo- to $528,129.00. !hers Study Clubs of Dubuque Ex- They again appeared before the ecutive Board suggestiog that the Board on May 26, 1971, protest- proposed merger of the Park and ing their valuation. At this ses- Recreation Systems would do more sion, the Board denied their pe- harm than good and could be very tition. costly, presented and read. Mayor Again on May 24, 1972, the Bitter moved that the communlca- Stampfer Bldg. Co., thru their re- tion be received and filed and re- presentatives, appeared before the ferred to a meetiog if there be Board protestiog their valuation. such. Seconded by Councilman Again the Board of Review de- Moldenhauer. Carried by the fol- nied their petition. lowing vote: All three of the above petitions Yeas-Mayor Bitter, Councilmen were appealed 00 District Court. Justmann, Moldenhauer, Pregler, Before going into Court, City So. Thoms. licitor Romola Russo and I con- Nays-None. ferred with Thomas Valentioe, pro- fessional appraiser with the Con- tioental Appraisal Co., as to wbat the fair market value of this pro- perty would be for the years 1970, 1971 and 1972. We received their Income and expense account for all three years and after using the income approach and the re- placement minus depreciation ap- proach, Mr. Valentine arrived at a fair market value on land and building of $410,000.00. This offer was made to Stampfer's attorneys and they accepted. I would re- commend to the CIty of Dubuque Conference Board that this settle- ment for the years 1970, 1971 and 1972 be approved. James J. Gregory CIty Assessor Councilman Thoms moved that the communication be received and CITY COUNCIL Communication of Frauces Firz- laff expressing sincere thanks for the resolution of condolence In me- mory of ber late husband, pre- sented and read. Councilman Pre. gler moved that the communica- tion be received and filed. Second- ed by Councilman Justmann. Car- ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Communication of Teleprompter referred to Ordinance No. 25-63 grantiog Dubuque TV Cable Co.- H & B Communications a franchise advising that there was no assign. ment or transfer of the Franchise, now called Teleprompter only to conform to their national advertis- Special Session, January 22, 1973 filed and made a matter of record. Councilman Pregler moved that Seconded by Councilman Jus t- the Mayor be instructed to con- manu. Carried by the following tact the City Assessor to update vote: the Conference Board and peruse Yeas - Mayor Bitter Council- inequities of present property law. men Justmann Moidenhauer Seconded by Councilman Molden- Pregler, Thoms.' , hauer. Carried by the following Nays - None. vote: January 17, 1973 m;:as J;;.t~~= BI~:ide~:~:- Dubuque City Council Pregler, Thoms.' , To the Members of the City of Nays - None. Dubuque Conference Board: RE: Protest of assessment of .Comm~cation of Dubuque Mu- real estate owned by John J. & mcIpal Airport that a head tax Marjorie Roshek, l845 So. Grand- be extended to the charter oper~- view Ave. described as follows: tor for all passengers hauled In ' charter aircraft plus all air car. Pt. of Mineral Lot 2, Mineral rier aircraft operating from the Lot 15, Pt. of MIneral Lot 14, Dubuque AIrport. Mayor Bit t e r Lloheins Sub. Lots 9 & 10. moved that the rules be suspended On May 22, 1972, representatives in order to let anyone present ad- for John J. Roshek appeared be- dress the Council If they so desire. fore the City Board of Review Seconded by Councilman Molden. protestiog the valuation on the hauer. Carried by the following above described property, having vote: an actual value of land, $43,147 Yeas - Mayor Bitter Council- building, $153,264 for a total actual men Justmann Moldenhauer value of $196,411. The Board of Pregler Thoms' , Review denied their petition and Nays '- Non~ the decision was appealed to Dis- . trlct Court. Jeff Molid, AIrport Manager ad Before coming to trial the pro. dressed the Council on the pro- perty was sold on Aug. 9, 1972, posed charge by statiog that it to James Nesler for $95,000. Be- is the Intent of the Airport Com. fore going to Court, City Solicitor mission to charge $1.00 per head R- N. Russo and I conferred with for all those passengers going on Thomas Valentioe of The Contl- to an airplane. Mr. Les Harney nental Appraisal Company, regard- also spoke to the Council relative in¡ what the fair market value to the tax as proposed. Councll- on this property would be at the man Justmann moved that the present time. Using the replace- communication of the AIrport Com ment less depreciation method and mission be received and filed and applying both physical and func- referred to the CIty Attorney fo' tional (or economic) depreciation, proper proceedings and an .Ordi. we arrived at a fair market va. nance. Seconded by Councilman lue of $102,000. Roshek's represen- Moldenhauer. Carried by the fol- tatives accepted this offer and I lowing vote: would recommend to the CIty Con- Yeas - Mayor Bitter, Council- ference Board that this setllernent men Justmann, Moldenhauer. be approved. Nays - Councilmen Pre g I e r, James J. Gregory Thoms. City Assessor Mayor Bitter further moved that Councilman Thoms moved that the Staff and AIrport Commissior the communication be received and seek ways of raising revenue in filed, and made a matter of re- some other method as to private cord. Seconded by Councilman operations and pleasure craft. Se- Jllstmann. Carried by the follow- conded by Councilman Pregler. ing vote: Carried by the following vote: Yea. - Mayor Bitter, Council. Yeas - Mayor Bitter, Council- men JUstmanu, Moldanhauer, men Justmann, Moldenhauer, Pregler, Thoms. Pregler, Thoms. Nays - None. Nays - None. 45 -- Special Session, January 22, 1973 January 18, 1973 Hon. Mayor and City Council On February 26, 1971, Mrs. Ethel D. Gibbons of 2464 Pennsylvania Avenue, this city, filed notice of claim against the City of Dubu- que, Iowa alleging that she suf- fered personal injuries and loss of work as the result of a fall ou an alleged icy sidewalk on the east side of Washington S t r e e t south of 24th Street on February 6, 1971. This matter was referred to the City Attorney who has made an investigation thereof and has con- ferred with claimant's attorney who has advised that claimant suf- fered loss oJ' wages of $1233-12, hospital bills of $20.25 and doctor bill of $38.00. Claimant, through her attorney, has made an offer of settlement of this matter in the amount of $1,300.00 of which amount the abutting property own- er's carrier has agreed 00 pay $1,000.00 and the City shall pay $300.00 and it is the recommenda- tion of the City Attorney that said offer of settlement be accepted and the City Auditor be instruct- ed to draw warrant payable to Ethel D. Gibbons and Wilfred J. Gibbons, her husband, in the amount of $300.00 and transmit same to the City Attorney for de- livery upon receipt of executed releases. Originals of notice of claim and letter of notice from abuttiog pro- perty owner's carrier are attached hereto. Respectfully submitted, R. N. Russo City Attorney Couucilman Moldenhauer moved approval of the recommendation. Secouded by Councilman Jus t- manu. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. 46 Special Session, January 22, 1973 47 January 19, 1911 To the Honorable Mayor and Members of the City Council. This is to advise that I have approved the following policy an.- desire to have your approval on same. Comprehensive Liability Dubuque Plumbing & Heatiog Co. Bituminous Casualty Corporation, Policy No. GA 716274. Respectfully submitted. Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved that the policy be approved for filing subject to approval of the City Attorney. Seconded by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays-None. January 17, 1973 Hon. Mayor & City Council On September 26, 1973, Robert and Sharon Arensdorf of 350 Kauf- man Avenue, this city, filed claim against the City of Dubuque, Iowa in the amount of $650.00 alleging said damages occurred on June 10, 1972 to the basement of his residence at said address and fur- ther claiming said damages were the result of improper installation of storm sewer. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported to this office by way of letter of no negligence on the part of the City, and in view of the foregoing it is the recommenda- tion of the City Atiorney that said claim be denied. Original claim is returned here- with. rent Single Family Res idence Classification to a Multiple Family Residential District Classification and the purpose for such request being that they are planning to use property for a child. develop- ment or nursing care center. Thereafter, the matter having been referred to the Planning and Zoning and on October 17, 1972, the Planning and Zoning Commiss- Ion unanimously passed a motion and set this matter for public hear- ing on Novemb... 15, 1972 and thereafter, on November 17, 1972 "' written communication was,dI- rected to the City. Council stating that the Planning and Zoning Com- mission had recommended that the petition of the Sisters of SI. Francis be . approved in that it was the opinion' 'oJ'said Commission that the reclassification of this parcel to. Multiple Residence District Classificatton "'as" appropriate and thereafter"thc"matter was return- ed,to ,'th~,,(Jit)c Council where; at Its meetiog, of January 2, 1973, the matter was consldet"ed by, the Council and at which time the property owners, abutting the area voiced objections to the proposed rezoning, both orally and in writing and whereupon, the matter was refe1Ted to the City Attorney and to the City Planner for investiga- tion and report. The basis of the referral to the ' City Attorney and the City Planner for investigation and report stem- med from the substance of the objections voiced in that, while the objectors did not have any objection to the location of said facility in the area, they were fearful that once the property had been rezoned to Multiple Residence District Classification, then such classification would permit any and all uses authorized and permitted under such classification, eve n though the present facility would no longer be in existence. I have made an examination of this matter, I have couferred with the City Planner and I have also conferred with Mrs. Elaine Bar- wick, who Is the proposed director of this facility and appears to be one of the moving forces behind its creation, and I have also ex- amined the existiog law, as well as, other documents presented by Mrs. Barwick as to her intended use of said premises, and It Is my opinion that It Is not necessary to rezone said property in order to accommodate the proposed use as outlined and petitioned for by the SIsters of 51. Francis or as outlined by Mrs. Elaine Barwick. Zoning Ordinance No. 3-34 pro- vides in the Single Family Resi- dence District that no building or premise shall be used and no build- ing nor structure shall be erected or altered to be used, in whole or in part, unless otherwise pro- vided for in this Ordinance except for the following purposes, educa- tional, religious. or philanthropic use, excluding business schools, or colleges, or correctional institution being permitted uses in the Single Family Residence District. The fa- cility proposed to be located there. on Is a building to house a corpora- tion to be formed known as Hills and Dales Child Development, cen- ter, which will bea profit corpora- tion and Its intended Purposes. is for the Education and Trainiog program for the severely mentally and physically handicapped chil. dren =d the stated purpose togeth. er with the 'docul11~nts exhibited to this writer by Mrs. Elaine Bar- wick would apPear to suPPOrt the conclusion that the facility Is an "educational" institution. In the case of Livingston vs Da- vis, which Is cited in 50 NW 2nd. 592, the Supreme Court of Iowa had occasion to pass on the ques- tion, of a private preschOOl orÌ1ur- sery school for children from two to five which had a regular sched' ule and rules, which the Court determined that such a school was a private, elementary school with. in the City's Zoning Ordinances. which restricted the area in which the school was located to such schools, although, none of the tea- chers had a cerlificate to teach in Iowa public schools and the Court generally went on to say that schools are generally suitable in an area zoned for residential purposes. The action was brought before the Court by inhabitants of a residential district attemptiog to enjoin the defendants from ope- ratiog in the district a private preschool or nursery school, claim. ing same was in violation of the City Zoning Ordinance. R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Jus t. manu. Carried by the following vote: Yeas - . Mayor Bitter, Council- 'lIen Justmann, Moldenhauer, Pregler, Thoms. !\Jays-None. January 18, 1873 Hon. Mayor & City Council The Sisters of St. Francis of Dubuque, Iowa, who owned a tract of land located north of Davis Ave- nue in the City of Dubuque, Iowa, requested that a porlion of the property be rezoned from Its cur- - - 48 Special Session, January 22, 1973 The Court fw1her went on to carned and stiU retain the integrity say that there Is ljttJe doubt that of the OrdlnllDee. defendant school was a school and Respectfully submitted want .0:" to define that an accepted R. N. RUlso ' definljion of a school was a place City Attorney for instruction in any branch, or . branchel, of knowledge and not Councilman Justmann moved a common definition is "a place that the communication be r e- where Instruction is Imparted to ce1ved and filed. Seconded by the young". Councilman Pregler. Carried by . the following vote: Under the Zonmg Ordinance Yeas - Mayor Bitter Council- existing at the time, that a prI. men Justmann, MoÍdenhauer, vale elementary school Wal per. Pregler, Thoms. mltted in a Class A Residence Nays - None. Distriet under the CIty Zoning Or. dinance which limited the taking MayOI' Bitter moved thet Ordi- of chIldren UP and not exceeding nanee. No. 63-72 relative 00 the the age of fourteen years. In view rozomng of property owned by of the foregoing deelsion, it is my Sisters of St. Francis, a hearing opinion that even though the pro. of which Will held at the Council posed program outlined by Mrs. meeting of January 2, 1973 and Barwick proposes to engage in then referred to the City Solicitor courses in preedueatloDal and pre and Planner for Investigation and vocational development, and to de. report, not be adopted. Seconded velop a regular eurriculum and by Councilman Moldenhauer. Car- program, that such constllutes ao ried by the following vote: educational institution witbln the Yeas - Mayor Bitter, Council- intent and language of Ordinance men Justmann, Moldenhauer, No. 3-34, ArtIele U thereof, Sec- Pregler, Thoms. tlon 1 (b). Nays-None. The location of this facility in a Single Family Residence D,,- trict, in my opinion, would form no basis for the adjoining pro- perty owners to complain as they have specifically stated to the Council that they have no objec- tion to the school per se. Accordingly, I have communicat- ed my COIIelusions to Mr. Arnold Brimeyer and have received his assurances thet on the surface it appears satisfactory. I am taking the liberty of for- warding a copy of this letter to Mr. Arnold Brlmeyer as the spokesman for the neighborhood. Aceordlngly, it Is my opinion this matter, If the Council agrees with this opinion, Is no longer a matter for the City Council's action but rather, would be a matter for the petitioners to take up with the Building Commissioner and get his concurrence in my oplulon, for the purpose of issuing a building per. mit as well as a certificate of occupancy. I believe this matter has now been resolved satisfactorily to the best interests of all parties con- '..~ c January 22, 1973 Honorable Mayor and Councilmen At your meetiog of January 2, 1973 the matter of Multiple Resi. dence zouing on property of the Sisters of St. Francis was referred by you 00 the City Attorney and to this office for investigation and report. This matter had come be- fore the Council in the recommeu- dation of the Planning and Zoning Commission to reclassify from Sin- gle Family Residence to Multiple Residence District a 4 acre parcel of property of the Sisters. The reclassification was for the purpose of constructing a child develop- ment nursing care center On the parcel, which use had been as- sumed to require the Multiple Re- sidence classification. I have met with the City At- torney on this matter and have reviewed his findings as communi- cated to you in his letter dated January 18, 1973. The following comment is offered in support of his finding in this matter. In its consideration of the re- zoning request, both the staff and the Commission were of the opinion that a child development nursing Special Session, January 22, 1973 49 care center was an appropriate use on the Davis Street property. We had also considered that the zoning reclassification could be us- ed to permit apartment develop- ment on this site, but had deter- mined that extensive apartment de- velopment was neither sought by the petitioners nOr likely to be undertaken on the property be- cause of the nature of the parcel and Its relation to a public street. Nevertheless, the spectre of un- limited apartment development on the site was the major concern of neighborhood residents and pre. sented an unfortunate obstacle to the intended development of the chIld care center. It was in this regard that the petition was re- ferred to the City Attorney and City Planner for further investiga- tion. The City Attorney has reported on this matter and has, in my judgement, successfully resolved I this difficult and unfortunate situa- tion. I recommend that his findings be approved by the City Council and that the chIld development nursing care center be permitted within the Single Family Residence District. Daniel DIttemore Development Planner Councilman Justmann moved that the communication be r e- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. January 18, 1973 Honorable Mayor and City Council An action was commenced by John V. Reisner against the Board of Trustees of the FIre Retire. ment System of the City of Du. buque, Iowa wherein he claimed to be entitled to disability retire- ment rather than ordinary retire- ment as the result of emphysema The Board of Trustees of the Fire Retirement System denied Mr Reisner's application for disability benefits and awarded him ordinary retirement to which he was en- titled. Thereafter, Mr. Reisner appeal. ed to the District Court of Iowa, Dubuque County, which rendered decree sustaining the action of the Board of Trustees of the FIre Re- tirement System of the City of Dubuque, Iowa. Thereafter, Mr. Reisner appealed to the Supreme Court of Iowa and on the 17th day of January 1973, the Supreme Court of Iowa rendered opinion sustaining the action of the Dis triet Court of Dubuque County, 10' wa and the Board of Trustees 0 the Fire Retirement System of the City of Dubuque, Iowa. A copy of the Supreme Court opinion is hereto attached. R. N. Russo City Attorney Councilman Justmann moved that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer. Pregler, Thoms. Nays - None. January 18, 1973 Honorable Mayor and Councilmen The Dubuque Planning and Zou- ing Commission has held a publiè hearing on a petition to change the zoning classification of Lot J of Block 22 in Key Knolls Sub- division in the City of Dubuque. Iowa, from Multiple Residcnee Professional Office classification to Local Business "A" classification, This property had been petition. ed for change to Local Business "B" classification in April of 1972. The Commission recommended against that earlier petition be- cause of potentially adverse traffic conditions associated with uses pe mitted in the Local Business "B" ZOne. The requested Local Busine, "A" zone is felt 00 be more ap propriately restrictive in regard to both traffic considerations and for its relationship 00 adjolnin" properties and Is in keeping with the 0-2 DIstrict classification pro- posed in the new zoning ordinance, This proposed zone would permi' some limited commercial uses in addition to office uses. It should also be noted that the petitioner has requested the Local ,'j, - Special Session, January 22, 1973 Special Session, January 22, 1973 30 51 Petition of Lll Giant Food Store" Inc. 1101 Rhomberg Ave., request- ing a refund of $75.00 on the un- expired portion of Class "C" bee" permit No. 3252, as they have dis. continued business on 1-18-73, pre- sented and read. Mayor Bitter moved that the refund be grant- ed and the Auditor instructed to issue proper warrant. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Petition of Lil Giant Food Stores Inc. of 1101 Rhomberg Ave. re- questiog a refund of $25.00 on the unexpired portion of cigarette li- cense No. 218, as they have dis- continued business on 1-18-73, pre- sented and read. Mayor Bitter moved that the refund be granted and the Auditor instructed to Is. sue proper warrant. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Bitter, Council. men Justmann, Moldenhauer. Pregler, Thoms. Nays - None. Petition of Philip A. Powers re- questing rezoning for professional office use as permitted under the existiog Multiple Classification for a distance of 250' back from J. F. K. Road, property is actuall: located along the east side of Kell- I nedy Road from Hillcrest Roar northerly to the City Fire Station, presented and read. Mayor Bitter moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Council. mau Moldenhauer. Carried by the following vote: Yeas - Mayor Bitter, Council. men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. petition be approved. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Pregler moved that the recommendation be referred for proper proceedings. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Notice of Claim of Kenneth N. Kunkel, in the amount of $45.00, for expense incurred as the result of a backed-up sewer at 1970 Lin- coln Ave. on _January 6, 1973, pre- sented and read. Mayor Bitter moved that the notice of claim be referred to the City Attorney for proper action. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Notice of claim of Pete TIm. merman, in the amount of $130., for expense and property damage incurred as the result of a backed- up sewer at 1980 Lincoln Ave. on January 6, 1973, presented and read. Mayor Bitter moved that the notice of claim be referred to the City Attorney for proper action. Seconded by Councilman Molden. hauer. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer. Pregler, Thoms. Nays - None. Business "A" classification to per. mit the construction of a restuar. ant, with a possible later addition of a small office building. Both of these uses would be permitted in the proposed 0-2 classification. Other uses that could be estab- lished within the Local Business "A" classification would generally have traffic impact equivalent to the uses intended for development iu the proposed 0.2 zone. The Commission has determined that the request for Local Business "A" classification Is consistent with its plan for development of the area and that re-classiflcation of the property Is appropriate at this time. The Planning and Zoning Commission has recommended that the petition be approved. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Justmann moved that the recommendation be re- ferred for proper proceedings. Se- conded by Councilman Molden- hauer. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. WHEREAS, under the terms of said contract the subject real es- tate was conveyed by the City of Dubuque to Graham's Sty I e Store For Men, Inc. who construct. ed thereon certain Improvements; and WHEREAS, Section 307 of said contract provides that upon com- pletion of the improvements the City of Dubuque will furnish Gra- ham's Style Store For Men, Inc. a Certificate of Completion; and WHEREAS, it has determined that the required Improvements have been satisfactorily complet- ed; now therfore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a Certificate of Completion for the Graham's Style Store For Men, Inc. for the improvements located on Block 10 in Dubuque Down. towu Plaza in the City of Du- buque, Iowa, situated in the Down- town Urban Renewal Project, 10' wa R-15. Section 2. That the Clerk be and he is hereby authorized and direct- ed to file a copy of this resolution and the executed copy of the Cer- tificate of Completion in the office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 22nd day of January, 1973. Joseph J. Bitter Mayor Allan T. Thoms Walter A. Pregler Wayne A. Moldenhauer C. Robert Justmann Councilmen January 18, 1973 Honorable Mayor and Councilmen The City Planning and Zoning Commission has held a public hear. ing on a petition to reclassify pro. perty at 2403 Central Avenue from Multiple Residence District to Bu. siness DIstrict. This property Is described as Lot 1 of Lot 2 of Lot 2 of Lot 11 and Lot 2 of Lot 1 of Lot 11 in Wullweber', Subdivision in the City of Dubuque, Iowa. It was noted at the hearing that this property lies directly across West 24th Street from an exlstiog Business DIstrict and that the di- mensions of the property make It unsuitable for residential deve- lopment. It Is the opinion of the Planning and Zoning Commission that the I Business District classification i, appropriate for this property. It is their recommendation that the Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Justmann. Car. rled by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Notice of claim of RIchard A. Meyer, in the amount of $150., for expense and property damage incurred as the result of a backed- up sewer at 2035 Roosevelt on January 6, 1973, presented and read. Mayor Bitter moved that the notice of claim be referred to the City Attorney for proper action. Seconded by Councilman Molden. hauer. Carried by the following vote: Yeas - Mayor Bitter, Council. men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. RESOLUTION NO. 20-73 Authorizing tho execution of a Cer. tificate of Completion for Graham's Style Store for Men, Inc. WHEREAS, under date of No- vember 12, 1970, the City of Du- buque entered into a Contract of Sale of Land for Private Redeve- lopment with Graham's Style Store For Men, Inc. for real estate here- inafter described; and Communication of City Engineer White requestiog that the City At- torney be directed to proceed with necessary legal action to secure 52 Special Session, January 22, 1973 perpetual easement over a certain described area of property owned by Richard V. Hansel as general manager of Hillcrest Builders, Inc., in order to proceed with the con- struction of the Center Grove Val- ley Sanitary Interceptor sewer, presented and read. Councilman Pregler moved that the communi- cation be received and filed. Se- conded by Councilman Thoms. Car- ried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. of the City of Dubuque, Iowa in order to secure said perpetual easement for the installation, lo- cation and maintenance of the Cen- ter Grove Valley Sanitary Inter- ceptor Sewer in the property of Hillcrest Builders, Inc. as shown on Exhibit "A" or as the location may be subsequently modified. Passed, approved and adopted this 22nd day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Jusimann Councilmen RESOLUTION NO. 21.73 WHEREAS, the City of Dubuque, Iowa has been negotiating with Mr. Richard V. Hansel of Hill- crest Builders, Inc. in connection with the City's efforts to secure a perpetual easement for the pro- posed Center Grove Valley Sani- I tary Interceptor Sewer; and WHEREAS, it is essential for the public purpose that said ease- ment be acquired for the location, installation of said sewer; and WHEREAS, the Engineering De- partment of the City of Dubuque, Iowa have represented to this City Council that such efforts to acquire such perpetual easement has been unproductive; and WHEREAS, the securing of said perpetual easement by way of Emi- nent Domain proceedings Is indi- cated in this instance; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That It is essential for the public purpose for the City of Dubuque, Iowa to acquire a perpetual easement in certain real estate owned by Hillcrest Builders, Inc. and for the location and in- stallation of the proposed Center Grove Valley Sanitary Interceptor Sewer, the location of which is outlined on the attached map marked Exhihlt "Au and by re- ference made a part hereof, and that efforts to secure said per- petual easement by negotiations have failed. Section 2. That the City Attorney is hereby directed and ordered to , institute at the earliest possible I time, the appropriate Eminent Do- main proceedings for and on behalf I Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. January 19, 1973 Honorable Mayor and Councilmen The City Planning and Zoning Commission has reviewed a pro- posal to voluntarily annex property consisting of 0.763 acres more or less, lying south of Valentioe Drive and abutting the Thomas Farm Addition. This property is describ- ed as follows: Lot 2 of NWYo, NW fractional Yo, Section 2, Town- ship 88 North, R2E of 5th Princi- pal Meridian; and Lot 2 of Lot 1 of NEYo, NW fractional Yo, Sec- tion 2, Township 88 North, R2E of 5th Principal Meridian, all in Table Mound Township, Dubuque County, Iowa. The Commission has found that the property is contiguous to the present southerly City limits of the City of Dubuque, Iowa, and that municipal services can be pro- vided to the area. The Planning and Zoning Commission has re- commended that the petition be approved. Respectfully submitted CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner ". " Special Session, January 22, 1973 Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. RESOLUTION ANNEXING CERTAIN TERRITORY No. 22.73 WHEREAS, the owners of an Attest: area approximately 0.763 plus ac- Leo F. Frommelt res in size immediately adjoining City Clerk the southerly city limits of the . City of Dubuque, Iowa; and . Councilman Pregl<7 moved adop- WHEREAS the inhabitants of tion of the resolution. Seconded said territory will be enabled to by Councilma!,- Justmann. Carried secure the benefits of city govern- by the followmg vo~: . ment in the way of police and Yeas - Mayor BItter, Council- fire protection if said territory Is men Justmann, Moldenhauer, incorporated within the city limits Pregler, Thoms. of the City of Dubuqne, Iowa; and Nays - None. WHEREAS, the inhabitants of Communication of Department of said territory will be enabled. 00 Housing & Urban Development secure ,,:,ater,. and. other . mUDl~I- submitting a copy of a review pal services if saId temtory IS made relative to cities for the incorporated within the city limits adoption of provisions of the UnI- of the City of Dubuque, Iowa; and form Plumbing Code which Is bas- WHEREAS, Section. 362.30, Code ed on the State Plumbing Code, of Iowa 1958, authonzes the ex- presented and read. Councilman tension of city limits in situations Moldenhauer moved that the com- of this character by the adoption munlcation be referred to the Ma- of a resolution therefore; and nager and staff. Seconded by Coun- WHEREAS, the future g~owth, cilman Justmann. Carried by the development and preserva~on of following vote: the public health of th.e City of Yeas - Mayor Bitter, Council- Dubuque, Iowa, makes It Impera- men Justmann Moldenhauer tive that said territory be made Pregler, Thoms.' , a part of the City of Dubuque, Nays - None. Iowa; and NOW, THEREFORE, be It re- RESOLUTION NO. 22.73 solved by the City Council of the WHEREAS, applications for Beer City of Dubuque, Iowa, that the permits have been submitted to territorial limits of the City of this Council for approval and the Dubuque, Iowa be and they are same have been examined: NOW hereby extended to Include the THEREFORE, area comprising the following de- BE IT RESOLVED by the City scribed real estate: Council of the City of Dubuque, Lot 2 of Northwest One-Quarter, Iowa, that the following applica- Northwest Fractional One-Quarter, tious be granted and permits Is- Section 2, Township 88 North, sued upon the compliance with the Range 2 East of 5th Principal Me- terms of the ordinances of the ridian; and City. Lot 2 of Lot 1 of Northeast ODe- CLASS "B" BEER PERMIT Quarter, Northwest Fraction~1 Adele Fens 210 West 1st Street. One-Quarter, Section 2, TownshIp CLASS "C" BEER PERMIT 88 North, Range 2 East of 5th National Tea Company, 555 Ken- Principal Meridian, nedy Mall each being in Table Mound Town- Thompson's Food Market's, Inc., ship, Dubuque County, Iowa. 805 West 5th Street This area is as shown on the Thompson's Food Markets, Inc., plat attached hereto, and by this 51 West 32nd Street 53 reference made a part hereof, said area being shaded in yellow there- on. Passed, adopted and approved this 22nd day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Councilman Justmann moved adoption of the resolution. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Mr. Pete Timmerman of 1980 Lincoln Ave., Tom Dolter of 1960 Lincoln Ave., Richard A. Meyer of 2085 Roosevelt St., & Ken Kun- kel of 1970 Lincoln Ave. all ad- dressed the Council relative to se- wer back-up problems into their homes. Councilman Justmann moved that the matter be referred to the staff for immediate action. Se- conded by Councilman Molden- hauer. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Leo F. Frommelt City Clerk 54 Special Session, January 22, 1973 Special Session, January 29, 1973 Passed, adopted and approved this 22nd day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. RESOLUTION NO. 24.73 WHEREAS, applications for Beer permits have been filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by the applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to following named applicants a Beer permit. CLASS "B" BEER PERMIT Adele Fens, 210 West 1st Street CLASS "C" BEER PERMIT National Tea Company, 555 Ken- nedy Mall Thompson's Food Markets, Inc., 805 West 5th Street Thompson's Food Markets, Inc., 51 West 32nd Street BE IT FURTHER RESOLVED THAT THE BONDS FILED by such applicants be and the same are hereby approved. Passed, adopted and approved this 22nd day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk CITY COUNCIL ed for the record. Councilman Justmann moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - MaYor Bitter, Council. men Justmann, Moldenhauer, Pregler, Thoms. NaYs----None. OFFICIAL Special session, January 29, 1973. Council met at 7:30 P.M. (C.S.T.) Present - Mayor Bitter, Council. men Justmann, Moldenhauer, Pregler, Thoms. City Managar Gil. bert D. Chavenelle. Mayor Bitter read the call and stated that service thereof had been duly made and this meeting is called for the purpose of amend. ing certain sections of tho Human Rights Ordinance and acting upon such other business as may pro- perly come before a regular meet- ing 'of the Council. I Mrs. Ken Sehrilldt of the Leagne of Women Voters presented tho members .of 'the. Council.and staff with a booklet,entitled "Know Du- bu<¡ue" which prqvides informa- tion about. the County and City and their' vàrious governing bodies, Mayor Bitter Submitted the fol- lowing appointments: Mrs. Char- lotte Solomon to the Dubuque Ad- visory Commission to fill unexpired term of Robert L. Day to June 1, 1973; Dave Clemens to the Du. buque Advisory Commission to fill unexpired term of Arthur L. Rol- ing to June 1, 1975; Stacey Mur- dock to the Airport Commission to fill the unexpired term of 1J0yd Peterson, to 9.14-76. Councilman Justmann moved approval of the appointments. Seconded by Coun- cilman Pregler. Carried hy the following vote: m~as kst~~=' Bi~:ide=~~: I Pregler, Thoms. Nays - None. Approved """,.",.""".""'."""'" 1973 January 25, 197J The Honorable Mayor and City Council . A number of complaints have been received regarding the condi- tion of a building and premises at 1729 Prescott Street, Dnbuque, Iowa. On August 2, 1972 an inspection was made by the Housing Depart. ment of a. two story, single fa,- mily, frame structure. At this time this dwelling was posted as unfit for human occupancy, due 00 a number of violations of the Mini- mum HoISÎng Code and eJ<cesslve I, deterioration from the lack. of pro- per maintenance. On December 11, ,1972 an order was sent to the owner of record, Miss Helen K. Dondlinger, R.R. #2, Lancaster, Wisconsin 53813, to dismantle the structure and clean up the premises. This order has not been complied with and I recommend to the CIty Council that the provisions of Or- dinance No. 35.52 be eoforced and that the owner of said building known as 1729 Prescott Street and located on Lot 592, Hamm's Sub- division, CIty of Dubuque, Iowa, be required to dismantle s a I d building and clean up the premises. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed and the matter be set down for a public hearing to be held on February 19, 1973, and the ClerK be instructed to publish notice. Se. conded by Councilman Thoms. Car. ried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. January 25, 1973 The Honorable Mayor and City Council A petition and numerous com. plaints have been received regard- Ing the conditions of a building, Adopted ................,................... 1973 ............................................,............. ................................................"........ .""."......"..""".".""'.."".."""""".". Councilmen Minutes of the meeting of Jan. uary 11, 1973 held by the Dubuque Human Rights Commission, pre- sented for the record. Councilman Justmann moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Minutes of the meetiog of Ja- nuary 17, 1973 held by the Low Rent Housing Commission, present- Attest: "..""ëiïŸ..ci~rk:"'..".'....".""" 55 by Councilman Justmann. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Mr. Harold Zimmerman of the Building Department submitted a history of events relative to the delapidated buildings located at 1729 Prescott Street and at 614 Lincolo Avenue. January 22, 1973 To the Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, City Auditor, Water SUperintendent and Health Department, as well as a list of claims paid, for the month of De- cember 1972. Gilbert D. Chaveaelle City Manager Councilman Thoms moved that the reports be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and Disbursements and list of claims for December 1972, presented and read. Councilman Thoms moved that the proof of publication be r e- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Bitter, Council. men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. January 25, 1973 To the Honorable Mayor and City Council This is to advise that I have approved the following bond, and desire to have your approval on same. 56 Special Session, January 29, 1973 premises and a four (4) car ga- rage at 614 Lincolo Avenue, Du. buque, Iowa. On August 2, 1971 an inspection was made by the Housing Depart. IIléI1t of the two story, seven apart- ment, frame structure. At this time three (3) apartments had been posted as unfit for human occu. pancy, due to many violations of the MinImum Housing Code. Several contacts were made by the Housing Department, with the owner by telephone and direct con- tact to expedite this situation. Some cooperation was shown in regard to making the property more presentable and livable. On December 5, 1972 a fire in the dwelling apparently resulted in intensive damage to the in. terlor, and due to the number of exterior and Interior violations of the Minimum Housing Standards, this property is now vacated and is posted as unfit for human oc- cupancy. On December 7, 1972 an order was sent to the owner of record, Mr. Raymond G. McDonald, Jr., 632 Nevada Street, Dubuque, Iowa, to dismantle the structures and clean up the premises. Thî& order has not been complied with and I recommend to the City Council that the provisions of Or- dinance No. 35-52 be enforced and the owner of said building known as 614 Lincoln Avenue and located on the S.W. 'h of Lot 52 in Cook's Addition, N.E. 'h of Lot 53 in Cook's Addition, City of Dubuque, Iowa, be required to dismantle said buildings and clean up the pre- mises. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed and the matter set down for a public hearing to be held on February 19, 1973, and the Clerk be instructed to publish notice. Se- conded by Councilman Thoms. Car- ried by the following vote: Yeas - Mayor Bitter, Counei' men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council If they so desire. Seconded SIDEWALK Gilbert Roling, Merchants Mutual Bonding Co. Gilbert D. Chavenelle City Manager Councilman Thoms moved filing approval subject to approval of the City Attorney. Seconded by Special Session, January 29, 1973 57 Councilman Pregler. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Decision of Hearing Board, be. fore the Department Hearing Board of the Iowa Beer and Li- quor Control Department, in the matter of the Class "B" beer per- mit of PhI1IIp T. Langas d.b-a Phil's Pizza & Chicken Hut, UOS Loras Blvd., decision of the Board that the appeal be denied, pre- sented and read. Councilman Thoms moved that the decision be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yea. - Mayor Bitter, Council. men Justmann, Moldenhauer, Pregler, Thoms. I Nays - None. January 23. 1973 Honorable Mayor and City Council On December 26, 1973, Mrs. John McEvoy of 784'h Wilson Avenue, this city, filed claim against the City of Dubuque, in the amount of $41.63 claiming said damages occurred to the fender and head- light of her automobile on Decem- ber 13, 1972 as the result of strik. ing an icy spot at the south exit of the Iowa Street Parking Ramp on December 13, 1973. This matter 'Was referred to the appropriate City Agency who has made an investigation of said mat. ter and has reported to the City Attorney of no liability or negli- gence on the part of the City, and In view of the foregoing it Is the recommendation of the City Attorney that said claim be denied. Original claim Is returned here- with. R. N. Russo City Attorney Councilman Thoms moved appro- val of the recommendation. Se- conded by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council. men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Communication of Carl J. Lem. mer by David Leifker attorney reo questing withdrawal of his rezon. ing request of Lot 2 of 1 of 1 of 2 of S+!. of Lot 2 of 1 of M. L. 452, presented and read. Councilman Thoms moved that the communication be received and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council. men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. January 26, 1973 Honorable Mayor and Councilmen The petition of Mr. Carl J. Lem- mer for zoning classification of his property at 2639 John F. Ken- nedy Road, and as referred to the Planning and Zoning Commis. sion at your meeting of January 2, 1973, is withdrawn from any further action in accordance with the letter of Mr. David Leifker, attorney for the petitioner. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Thoms moved that the communication be received and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nay. - None. Notice of claim of Mark T. Grace, in the amount of $15.00 plus, for car damage incurred as the result of striking a hole in the alley behind Stampfers on Ja- nuary 20, 1973, presented and read. Councilman Justmann moved that the notice of claim be referred to the City Attorney for proper action. Seconded by Mayor Bitter. Carried by the fullowing vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Notice of claim of Vickie Kruser, in the amount of $57.20, for car damage incurred in the alley be. hind Stampfers on January 20, 1973 presented and read. Councilman Justmann moved that the notice of claim be referred to the City Attorney for proper action. Second- Pregler, Thoms. Nays - None. Councilman Pregler moved that a public hearing be held on the Ordinauce on February 19, 1973, at 7:30 o'clock P.M. in the Coun- eil Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Mayor Bitter. Car- ried by the following vote: Yeas - Mayor Bitter, Council. men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. ORDINANCE NO. 3-73 , An ordinance amending and chang- ing -Ordinance No. 3-34 known as the "Zoning Map and ZonIng Or. dinance of tho City of Dubuque, Iowa" so as to chango certain property horeinaFter described from "Multiple Residence DistriCt" classification to "Business D i s. tricl" classification, (lot 1 of 2 of 2 of 11 and Lot 2 Of 1 of 11 in Wullweber's Sub.) presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor BItter. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Bitter. Carried by the following vote: . Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Councilman Pregler moved that a public hearing be held on the Ordinance on February 19, 1973, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Ma- yor Bitter. Carried by the follow- ing vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pre~ler, Thoms. Nays - None. 58 Special Session, January 29, 1973 -~~--_._------~_._---- ed by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Notice of claim of Roger A. Gun- derson, in the amount of $15,000 for personal injuries received in a fall on an Ice covered walk at the intersection at First & Main on the east side, on January 15, 1973, presented and read. Council- man Justmann moved that the no- tice of claim be referred to the City Attorney for proper action. Seconded by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Mr. Ricbard Hansel addressed the Council relative to the rezoning of Lot A of Block 22 'in Key Knolls Sub. by. stating that the curve in Kennedy Road was done to acco- modate one property owner. Right of Way should be eight feet wide. They would allow the road to be widened. He requested a public hearing on the proposed Ordinance. ORDI,NANCE NO. 2-73 An ordinance amending and chang. ing Ordinance No. 3-34 known as the "Zoning Map and Zoning Or. dinance of tho City of Dubuque, Iowa" so as to change certain property horeinaFter described from "Multiple Residence District" classiflcetion to "Local Business 'A' District" classification, (Lot 'A' of Block 22 In Key Knolls Sub.), presented and read. Councllman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Bitter. Car- ried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Councilman Pregler moved that the rule requiring an Ordinance to be read for three separate days be waived. Seconded by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, 'a.,>- Special Session, January 29, 1973 ORDINANCE NO. 4-73 ' An ordinance amending Ordinance I No. 61.71 known as the "Dubuque Human Rights Ordinanc." by reo pealing Section 100 of Article I thoreof by enacting a new Sec- tion 100 in lieu thereof to include Subsection 11 thereto defining "Disability": by repealing Section 102 thoreof and enacting a new Section 102 thereof of Article 1 to include provisions for declara- tion of vacancy in the Human Rights Commission membership: by repealing Section 201 thereof of Article II, by repealing Section 202 thereof, and by repealing Sec. tion 203 thoreof Article II and enac. ting a new Section 201, a new Section 202 thereof a new Section 203 of Article II in lieu thereof to provide, among othor things, that unfair discriminatory practic. es are prohIbited against persons because of said persons disability, presented and read. Councllman Moldenhauer moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- I lowing vote: Yeas - Mayor Bitter, Council- men Moldenhauer, Pregler, Thoms. Nays - Councilman Justmann. Councilman Moldenhauer moved that the rule requiring an Ordi- nance to be read on three se- parate days be waived. Seconded by Councllman Pregler. Carried by the following vote: Yeas - Mayor Bitter, Council- mel\ Moldenhauer, Pregler, Thoms. Nays - Councilman Justmann. ORDINANCE No- <-" NOW THEREFOR'E BE IT OR- DAINED BY THE CITY COUNCIL 59 60 Special Session, January 29, 1973 -"".,'-õ'-"-I.¡¡me"~ ãi- "J~n:.;,,;:., "gf"Th.f~e;e:; , 0' ,nv .."on a"'no o,der. doed of ',u,t, 0' 1. To ,e<u,. to ..11. ..nt. ,...,. "'Ign. 0' ,uble..e ,nv ,.., ~J;~:n~n~":~n ,eí':t::!J f.~ bo~a Hde,.IIglou' "",pose. of , In a hous- not living oth..., 0' membe" 0' "Ii ',mllv f: ,Id, th"'.'n." 2.r.~' :.J:~",~n~.rJ"'..ted thI, Jo,"" J. 81tt... Me... ~!~r. T~:T&i:;haue' Coun"'men ATTEST, Leo F. Frommelf CIfV C,.... Publl,hed offl",IIv In the Tele- Id Newspa... this lot day ke/l'~CI.~omm.1f 11.2/1 Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Bitter, Council- men Moldenhauer, Pregler, Thoms. Nays - Councilman Juatmann. Special Session, January 29, 1973 ORDINANCE NO. 5.73 An ordinance amendIng Ordinance No. 61.71 known as the "Dubuque Human Rights Ordinance" by re- pealing Section 204 of Article 11 thereof and enacting a new Sec. tion 204 of Articie 11 in lieu thore. of to define aiding or abetting in In unfair or discriminatory prac. tic., presented and read. Councilman Moldenhauer moved that the reading just had be CoD- sidered the first reading of the Ordinance. Seconded by Council. man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Bitter, Council- I men Moldenhauer, Pregler, Thoms. Nays - Councilman Justmann. Councilmen Moldenhauer moved that the rule requiring an Ordl- uance to be read on three separate days be waived. Seconded by Coun. cilman Pregler. Carried by the following vote: Yeas - Mayor Bitter, Council- men Moldenhauer, Pregler, Thoms. Nays - Councilman Justmann. ,nv "n~. P,..ed. eo",oved 'nd 'dooted thl, 29th day 0' J,n..,v, 1973. J.,.,Ph J. 81t1.,. Mevo, ::íf~1:"TATh"~'e' Wayne A. Moldenhau.. Coun"'men ATTEST, ~omm'Jt H~~J'/À \'1,1;"1J.'â~~'~ Fe"'um Leo F. F'omm." Cltv CI.... Councilman Moldenhauer moved mal adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Bitter, Council- men Moldenhauer, Pregler, Thoms. Nays - Councilman Justmann. An ordinance amending and chang. ing Ordinance 3-34 known IS tho "Zoning Ordinance of tho City of Dubuque, low." by repealing Sec. tion 1 of Articl. 1 theraof, and adopting a new Section 1 of Ar. ticie 1 in lieu thereof, to establish an eighth zoning classification, to be known as the Hospltal.Medical District, and further amending and changing said Ordinance No. 3-34 by adding a new Articie IV.A thereof, describing tho purpose, permitted uses, height regulations, area regulations and parking reo quirements applicable to the Hos. pital.Medical DistrIct: presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Bitter. Councilman Pregler moved that the rule requiring an Ordinance be read on three separate days be waived. Seconded by Mayor Bitter. Councilman Pregler moved that the Ordinance be set for public hearing on February 26, 1973, at 7:30 o'clock P.M. In the Council Chamber at the City Hall. Councilman Pregler moved that the Ordinance lie On the table un- til Wednesday January 31, 1973 at 4:30 P.M. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas - Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays - Mayor Bitter. An ordinance amending anet chang. ing Ordinance No. 3-34 known IS the "Zoning Map and Zoning Or. dlnance of the City of Dubuque, Iowa" so as to change certain property horeinlftar described from Multiple Residence District to Hospltal.Medlcal District: presented and read. Councilman Pregler moved that the reading just had be considered the first readiJ¡g of the Ordinance. Seconded by Mayor Bitter. Councilman Pregler moved that the rule requiring an ordinance 11.211 61 be referred to the Planning & Zon- ing Commission. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Petition of Oms Grotto request- ing permission to place cannlsters in business places, with permission of the owners, for the purpose of collecting monies to help fight Cerebral Palsy and supply den- tistry for handicapped children, presented and read. Councilman Pregler moved approval of the pe- tition and referred to the Manager for implementation. Seconded by Mayor Bitter. Carried by the fol- lowing vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. RESOLUTION NO. 25.73 WHEREAS, plat dated April 29, 1970, prepared by Cul1en-Schiltz & Associates, Inc., engineering com- pany, covering a thlrty-(3O) feet wide railroad right-of-way ease- ment in Lot 1 of Block 12 and Block 13 of RIverfront Subdivision No.3 in the City of Dubuque, Iowa having been presented to the City Council of the City of Du- buque, Iowa; and WHEREAS said plat confroms to the laws and statutes pertain- ing thereto; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated April 29, 1970 prepared by Cul1en- Schiltz & Associates, Inc., engi- neering company, covering the real estate hereinabove described be and the same is hereby approved and that the Mayor and City Clerk of the City of Dubuque, Iowa be and they are hereby authorized and directed 00 execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby authorized and directed 00 file said plat and this Resolution in the office of the Recorder in and for Dubuque County, Iowa. Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen 62 Special Session, January 29, 1973 Special Session, January 29, 1973 to be read on three separate days be waived. Seconded by Mayor Bitter. Councilman Pregler moved that the Ordinance lie on the table un- til Wednesday January 31, 1973 at 4:30 P.M. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas - Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays - Mayor Bitter. An ordinonce amonding Ordinance No. 3.34 known as the Zoning Or. dinance ond the Zoning Mop of the City of Dubuque, lowo by ro. peoling Section I of Article VA thereof ond enocting 0 new Section I of Article VA in lieu thoreof 10 permit the location of 0 toyern in a cafe or restuaront operating as such ot leost yeors prior to effective dote horeof, presented and rad. Councilman Thoms moved that the proposed Ordinance be referred to the Planning & Zoning Com- mission with particular stress on seeking a recommendation of num- ber of years to be inserted prior to effective date. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Petition of Tower Investment Inc. requestiog rezoning of an area south of the Table Mound School from its present Multiple Resl. dence Classification to Business "B" classification, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Mol- denhauer. Carried by the follow- ing vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Petition of Uoyd S. Gudenkaof requesting vacation and possible purchase of the easterly half block of Deater Street, now city-owned, located between North Grandview Ave. . and Adair street for future building construction, Councilman Pregler moved that the petition ',," . Passed, approved and adopted this 29th day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adnp- tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council. men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. ORDINANCE NO. 6-73 An ordinance for YOcotion and sole of an unopened street obutting Lin. wood Cemetery property ond now platted ond 'described 'as Lot 4B of Minerol lot 472, presented and read. Councilman Prègler. moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenahuer, Pregler, Thoms. Nays - None. Councilman Pregler moved that a hearing be held on the Ordi. nance on March 5, 1973, in the Council Chamber at the City Hall at 7:30 P.M. and the Clerk be instructed 00 publish notice of said hearing in the manner required by law. Seconded by Mayor Bit. ter. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays- None. Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adnp- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried. by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 26-73 , WHEREAS, plat dated October 31, 1967, prepared by Bartels, Mc- Mahan & LeMay Eni:ineering Co., engineering company, covering Lot 4A of Mineral Lot 472 in the City of Dubuque, Iowa and Lot 4B of Mineral Lot 472 in the City of Dubuque, Iowa, having been pre- sented to the City Council of the City of Dnbuque, Iowa; and WHEREAS, said plat cooforms to the laws and statutes pertain- ing therero; NOW THERFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the plat dated I October 31, 1967, prepared by Bar- tels, McMahan & LeMay E n g i- neering Co., engineering company, covering the real estate herein- above described be and the same is hereby approved and that the Mayor and City Clerk of the City of Dubuque, Iowa be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and he Is hereby authorized and directed to file said plat and this 'Resolution in the office of I the Recorder in and for Dubuque County, Iowa. Passed, approved and adòpted this 29th day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler January 24, 1973 To Honorable Mayor and City Council This is to advise yoU that the Sanitary Sewer constructed in As- bury Park Subdivision, a distance 63 r' (A Resolution Accepting Improvement and Directing tho Clerk to Publl.h Notice) RESOLUTION NO. 28-73 WHEREAS, the contract for the construction of Asbury Park Sub. divÎ8ion SaIlItary Sewer, 1972 has been completed and the City Ma. nager has examined the work and filed his certificate statiog that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends Its aeceptanee, now therefore, BE IT RESOLVED, by the City Council of the CIty of Dubuque, that the recommendation of the CIty Manager be approved and that said Improvement be and the same is hereby accepted and the City Euglneer be and is hereby direetedto prepare a plat and sehedule showing the lots or par- cels of real estate subject to as. sessment for said improvement and file the same in the office of the City Clerk subject to pub- lic inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he Is hereby directed to pay to the contractor from the funds 00 be realized from the sale of sewer bonds Issued upon the above de- scribed improvement In amount equal to the amount of his con- tract, less any retained percen- tage provided for therein. Passed, adopted and approved this 29th day of January, 1973. .Joseph J. Bitter Mayor Walter A. Pregler Allan T. '!boms Wayne A. Moldenhauer C. Robert .Justtnann Councilmen 65 64 Special Session, January 29, 1973 of 660 feet, has been substantially completed in accordance with plan and specifications by Tschiggfrle Excavatiog of Dubuque, Iowa, with the condition that the items Uated in attached letter. oIgned and no. tarized, will be completed by May 30, 1973. GIlbert D. Chavenelle City Manager Councilman Thoma moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas. - Mayor Bitter, Council- men .Justmann, Moldenhauer, Pregler. '!boms. Nays - None. Final Estinla'- RESOLUTION NO. 27.73 WHEREAS, the contract for the Aabury Park Subdivialon SaIlItary Sewer, 1972 baa. been completed and the City Engineer has sub- mitted hia final eatimate showing the cost thereof including the cost of eatimates, notieea, inspection, and preparing the assesment and plat, now therfore, BE IT RESOLVED, by the City Council of the CIty of Dubuque, That the cost of said improve- ment Is hereby determined to be $l2,0SJ1.68. Tbat $8,039.40 of the cost thereof shall be assessable upon private property and $3,993.82 shall he paid from the Sanitation Fund of the City of Dubuque. Passed, adopted and approved this 29th day of January, 1973. Joseph J. Bitter. Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Juslmann Councilmen Attest: Leo F. Frommelt CIty Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. ,...-'- Special Session, January 29, 1973 Communication of Pollee Chief O'Brien submitting an application for Grant on the prevention of Crimes against business and reo commend fitiog of. application on a matching fund basis of $1,088., presented and read. Councilman Pregler moved that the communl- eation be received and filed. Se- conded by Councilman )If 0 Ide n. hauer. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmaon, Moldenhauer, Pregler, Thoms. Nays - None. MATCHING RESOLUTION RESOLUTION NO. 29.73 Whereas, the City of Dubuqne, Iowa, by resolution duly passed I heretofore, has resolved that It will provide during the calendar year of ... - - . . cash funds for the fol. lowing Iowa CrIme Commission projects: Brief Description of Project, None. Amount of Funds Being Provid- ed, None. We further resolve that we will provide in.kind match during the calendar year of 1973 for the fol- lowing projects: Brief Description of Project, Prevention of CrImes Against Bu. siness. Type of in-kind (Salary, Space, etc.), Salary. Valuation of In-kind Provided, $1,088.00. Passed this 29th day of January, 1973. i plied with the - provisions of law relating to the sale of. Cigarettes within. the City of Dubuque, Iowa, be granted a permit to sell Ci. garettes and Cigarette Papers within said City. Eugene J. & Rita M. Clancy, 201 East 22nd Street Mary G. Kraemer, 1875 University Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap. plication be approved. Passed, adopted and approved this 29th day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt Cily Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Couneil- men .Justmann, Moldenhauer, Pregler, Thoms. Nays - None. RESOLUTION NO. 31-73 WHEREAS, applications for Li- quor 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 Dubnque, Iowa, that the following applications be grant. ed and licenses Issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 131-as amended by the 64th General Assembly, 1m. CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE Eugene J. & Rita Clancy, 201 East 22nd Street John E. Noel, 2400 Central Avenue Passed, adopted and approved this 29th day of January, 1973. Joespb J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhaner C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 30-73 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that thefóllowing have com. Atteat: Leo F. Frommelt CIty Clerk Councilman '!bomB moved ado¡>- tlon of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Bitter, Council. men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Attest: Leo F. Frommelt City Clerk Mr. Donald Toom, a local real- tor, addressed tile Council relative to reappraisal of city property. He stated that results are starting to surface. Only one piece of pro- perty out of twelve that he has presenily under consideration, shows a deerease. In his opinion tile citizens of the City are not getting a fair shake. Councilman Pregler moved that the County Board of Supervisors, and the Conference Board, and the School Board should be asked to join in re.appralsal of all County property outside the City. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. There being no further. buaine.. Mayor Bitter moved that tile meet. ing be adjourned to Wednesday January 31, 1973 to 4:30 P.M. Se. conded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Leo F. Frommelt City Clerk 66 Special Session, January 29, 1973 Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. RESOLUTION NO. 32.73 WHEREAS, applications for LI- quor licenses were filed by tile within named applicants and tlley bave 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 or. dinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE. SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be Is- sued 00 tile following named ap- plicants a LIquor license. CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE Eugene J. & RIta M. Clancy, 201 East 22nd Street John E. Noel, 2400 Central Avenue Passed, adopted and approved this 29th day of January, 1973. Joseph J. Bitter Mayor Walter A. Pregler AlJan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Cowu:Ilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of tile resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council. men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Councilman Thoms moved that briefing sessions 011 Friday after- noons at 4:30 P.M. be contioued indefinitely prior to official meet. ings. Seconded by Councilman Mol- denhauer. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Approved "".'."'.".""".'.""'."'" 11173 Adopted .................................... 1973 .......................................................... .......................................................... .......................................................... ...,...........................................,.,.""... "....""."'(:i~;;;;;;¡¡-;;;;;;;-""""..".""'... Attest: ....".."..""ciï;:"ëïëd:-'-"""'" Adjourned Special Session January 31, 1973 CITY COUNCIL OFFICIAL Adjourned special session, Ja. nuary 31, 1973. Council met at 4:30 P.M. (C.S.T.) Present - Mayor Bitter, Council. men Justmann, Moldenhauer, Pregler, Thoms. City Manager Gil. bert D. Chavenelle. Mayor Bitter read the call and stated that service therof had been duly made and this meeting Is an adiourned meeting of January 29, 1973, called for the purpose of considering a motion lying on the table relative to settiog date of public hearing on a proposed Ordinance amending Zoning Ordi- nance No. 3-34 and actiog upon such other business as may pro- perly come before the meetiog. City Planner Daniel Dittemore presented the Council with three I alternate proposed Ordinances, numbered one, two and three, all applicable to a Hospital-Medical District. After considerable discussion Al- ternate No.2 was decided upon as amended by deletiog a portion of Section 2 permitted uses (h) 2. Councilman Thoms moved that proposed Ordinance Alternate No. 2 be approved as amended. Se- conded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Bitter, Council. men Moldenhauer, Pregler, Thoms. Nays - Councilman Justmann. Councilman Pregler moved that the proposed Alternate No.2 Or- dinance be referred to the Plan- ning & Zoning Commission and set for a public hearing on Feb- ruary 26, 1973, in the Co u n c i I Chamber at 7:30 P.M. Seconded by Mayor Bitter. Carried by the following vote: Yeas - Mayor Bitter, Council- men Moldenhauer, Pregler, Thoms. Nays - Councilman Justmann. There being no father business Councilman Thoms moved to ad. journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. Nays - None. Leo F. Frommelt CIty Clerk Approved .................................. 1973 Adopted .................................... 1973 ............................................................ Councilmen Attest: .................................................. City Clerk. 67 -", .¡¡IH"" y"