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1973 May Council Proceedings 24£ Special SeosiDD, April 30, 11113 Regular Session, May 7, 1973 243 CITY COUNCIL OFFICIAL Regular Sasslon. May 7. 1973. Council mot at 7:30 P.M. (C.D.T) Present_ayor Billar. Council- men Justmann. Preglar. Thoms. City Managar Gilbert D. Chavo- nolla. Absent-Councilman Moldon. ha...r (out of City). Mayor Bitter read the call and stated that ser- væe thereof had heen duly made 8I1d this is the regular monthly mooting of ~e City CouncH called for the purpose of aeting upon SU'Ch busine.. as may properly come before the meeting. Comm1llÜcation of Council man Moldenhauer excusing JW¡ absence from: the meeting 'because he is out of the City, presented and read. Mayor Bitter moved that the com- munication be received. Md filed. Seconded by Councilman Preler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmaon, .Pregler. Thoms. Nays-None. Absent - Councilman Molden- hauer. Communication of Mrs. Merlin Artus Objecting to the type of mov- ies being shown. at the Orpheum Theatre; Communication of Fran- ces E. Crippes opposing the show- ing of dirty movies in the City; Communication of Mrs. H. Duehr Objecting to the showing of Rand X-rated movies at the Orpheum Theatre; Communication of Ruth Hammel objecting to the showing of indecent movies at the Orpheum Theatre; <:Ommunication of Mary Jane Nebel requesting the Council to be more selective about the movies being shown at the new Civie Center; Contmunication of Mrs. Mary WrigIrt objecting to us- ing city-owned property for X...at- ed movies; Communication of Mrs. LaVern Pape requesting that X-rat- ed movies not be shown on city p~;'Cømm1llllceUGn of JIn. Herman Frommelt objecting to the showing of X-rated movies on city owned property; Communication of Mrs. Leonard Stecklein objecting to the showing 01 X-rated movies on city owned property; Communi- cation of Mrs. Paul Wagener being opposed to the showing of X-rated movies on city owned property; ~d ... neoaidø tbeIr recom- mendotløn "" rev...... sharlDg - nlu and: !AI .....oIder input &inn to - by Council _robers. Be- cORded by eouneilm.. ""- Carried by the f.-me vote: Yea,~M.,.". Bit1Ie1"~ Councirmen JnstInann, Mol\lenll=. ~er. T1ìoms. Nays-None. I CbunciJman .ol~ ..... que,1ied that the r_llltioJ> former- ly presented relative !AI the ap- pointment of a Mayor Pm 'lem be brought. furward for furtJIer con- sideraßen. CoImeiIIoan Pre. r e r moved tbat the matter be tabled aDd the proposed resolutionJle con- sidered at next ,week's JD8diDi. S_wIed by CounciJJnanlloIdUI- hauer- Canted by the rellewing vota; v...,.......r ~, ~ Justmaun, Moldenhauer, P~, ':I'IIøIu. Nays-None. There being no further business CoIIIlclbttan Tbmns lItO'I'ed !AI ad- journ. Si!eomIed by. CøaI1eI1- JlloI4emllnœr . carrietf "" fØ fOJ. 1<n¥iIII v,*, Yeu-Mayor 'BItter, Conncl1men Juatm8D11. JlllIdenhaGa', P\'eiller, TJIoma. Nay"""". lA8 11'- J!nmmelt œ, CleØ ~ ...--..-.....-....- .. Adopted ....."............................. 1II'J8 ............-.......-............-...........--... ..................--......................-........ --.--..-.-.-"..- -...-....----........,,-....... .._"_..~-- AU8t """"""-œ;ooëi;¡"-oooo"" Communication of Ilene F. Moore objecting to the showing of X-rated movies on city owned property; Communication of Ethyl C. Las- sance objecting to the showin.g of X-rated movies on city owned pro. perty, theatre or otherwise; Com- munication of Mrs. Donald A h- mann requesting that X-rated mov- ies not be shown in a city-owned theatre; Communication of Mrs. Andrew Less opposing the showing of X-rated movies in the Orpheum Thea.tre which is city owned pro. perty; <:Ommunication of M r s . Margaret Toll objecting !AI the shoWing of X-rated movies in a city-owned theatre; Com m un i- cation of Mrs. Avis Mussehl 00- jecting to.the showing of X-rated movies in a city owned theatre; Communication of Mrs. A I f red Manders Objecting !AI the showing of X-rated films at the Orpheum and requesting that good movies be brought hack; Communication of Mrs. G. Theis objecting to the use of X-rated movies in the future civiccenter; Communication of Mrs Vince Timpe requèsting that the City owned Orpheum Theatre not be used to show X-rated films; Communication of Mrs. Don Kratz oibjecting as a taxpayer to the showing of X-rated movies on city owned property; Communica,tion of Mrs. Charles, M. Miller objecting to the showing of obscene movies at the proposed CiWe Center pro- ject; Communica.tion 01 Mrs. Mer- lin Holzer, objecting to the show- ing of X...ated movies at the Or- pheum Theatre; Communication of Sister Rita Green requesting that X-rated films not he shown at the Orpheum Theatre; Communication of Mrs. A. Hostert as not bein'g in favor of using city-owued pro- perty for X-rated movies; Com. munication of Mrs Rose .M:i1cl1eIi stating that X-rated movies, should not be shown in buildings on city property; Communication of Mrs. Richard Jalln objecting to the silo- wIni' 01 X-rated -\'leI on- clty owned property; Communication od' Mrs. Goo. C. Sear requesting that the Orpheum theatre not be used for X-rated movies; Communi....- lion 01 Mr. " Mrs. Jess 'I1Iornpson requesting that indecen,t movies not be allowed !AI be shown at the City's theatre; Communication of Mrs. Heri>ert Welter being opposed 2M Regular Session, May 7, 1973 to the use 01 eity owned property !AI show X-rated movies; <:ommuni- catioll of Mrs. Aråwin Droesoler voieing disapproval of X-rated mo- vies beiDg sbown on cüy-owned property; ComnllHli.cation of Dolor- ea A. J<JImo<m requesting that X- rated movies not be shown at the Orpheum Thea1re; Com muni.,.- tion of Mary G. Starr objecting !AI the showing of movies of a questionable nature and -uring the Council that the people are not ~ !AI sell out their integrity lor seven htmdred dollars a moath; ComIl1UlÚcation of Mrs. G r ace Bradley protesting the showing of I X-rated movies in our tlìeatre; Co- mmllllieation oi. Mrs. ¡..mes Saul et aI, in behaH of a study club, requesting necesswy action to up- hold the bigIa sœndards that we would have as .. so called Chris- tian cüy aDd not allow the Or- pheun1 to sbow demora!iJ:ing films; preseuted aDd read. CouÐciIman Thoms moved that the co1DDWl1Ì- ealiioøs be received aDd filed. Se. conded by Mayor Bitter. Carried by the following vote: Yeas-¥ayor Bitter, CouDeilmeo ¡_ann, Pregler, Thoms. Nays-None. AibseM--Conncilman Mol d e n- hauer. eommunicatiOD oi. Mat'Y J a n e IIAIJ!ing submitting a copy of the edilorial letter of 'Richard WoI'm publisl1ed in the Telegraph Her- I aid relative !AI the present sanitMy land.fi1I problOOl, presented and read. Councilman Preg!.er moved that the communieation be receiv- ed and filed. Seconded by <:Oun- cilman 1boms. Carried by the 101- rowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Preler, Thoms. Nays-None. Albeent--Conneilman Mol d e n- ha...... CoIlHllunicaÜDn of ,Richard R. El- liott et al requesting perlllÎSSÍOO to addresa the Council relative to the rule governing the make-'\IP 01 teams participating in eity lea- gues, pnsented and read. Council- man Pregler moved that the com- munication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justrnann, 'Pregler, Tho_. Nay"""-" AJbsent-Cow>ciIman Mol den. hauer. May 4, 1m. H~ Mayor and Memben of the City <:ouncii. This is !AI advise that 1 ltlm! approved the loIIowinl! bonds and desire !AI ha'le your approval of same. Sidewalk ConstnH:tion Bends. John R. Altman, Allied Mutual In- surance Co. Kenneth SebrotneÐ, O1Iio Cøuatty Insurance Co. Ja,mes G. Beeker, Western Surety Compaay. Scbreiber Coustrueti<Jn Co., ~- tern Surety Company. Œtbert Ð. ChaveneDe City Hanager. Councilman Pregler moved for IDing of the honds subject !AI ap- proval of the City Attomey. Se- conded by Councitman Thoms. Ca. rried by the following vote: Yeas-Mayor Bitter, Conncilmen Justmann, Pregler, 1boms. Nays-None. Albsent~unciIman Mol den. hauer. May 3, 1m To the Hanonble Mayor and City Conncil I herewith sUbmit the annual statement for 1972 for Peoples Na. tural Gas Division. Gilbert D. Cha......ne City Manager CoUIICilman Pregler moved that the statement be received and fil- ed. Seconded by Council m a. n Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Pregler, 1boms. Nay's-None. Absent~uncilman Mol den. hauer. Proof of publication, certified !AI by the Publish"", oi. notice 01 r. _t by the loiwa State lIigbway Commission Q! Location and De- sign approval frøm the Federal Highway Adn1inistration on the proposed widening and recons1xuc. liion 01 Universi,ty Avenue from Locos !AI Gi\U&ln, '11opies Project No. 7.73&-7{3)-46-31 preoented and read. Counei1man Pregler moved that the proof of pub'lica&n be Regular Session, May 7, 1973 reeeiYed and filed. Seconded by <:o1meilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, CounciIrnen Justmaun., Pregler, T1ìoms. Nays-None Al>sent.....cow,cBman Mol den. hauer. Proof of Publication, certified to by the Publisher, of notice of ap.- proval received by the Iowa State Highway Commission from the Fe- deral Highway Adnùnistration on the proposed widening and recon- struction of University Avenue from Loras to Gillian, Topics pro- ject No. T-735-7 (3)-46-3I, present- ed and read. Councilman Pregler I moved that the proof of publication be received and filed. Seconded by Councilman T1ìoms. Carried by the fgJ¡owing vote: Yeas-Mayor Bitter, Councilmen Justmann, Pregler, Thoms. Na~one. Albsent-Councßmm Mol den. hauer. 245 the Manager and stall. Seconded by Councl!.man T1ìoms. Carried by the following vote: Yeas-Mayor Bitter, Councitmen Justmann, Pregler, Thoms. Na~one. Absent--.<Counci1m8D Moldenhau- er. May 3, 1973 HonoralJle Mayor and Couneilmen Enclosed are copies Q! the unap- proved Minutes of the City Plan- ning and Zoning <:Ommission meet- ings of April 18, 1973 and April 25, 1973. CITY PLANNING AND ZONING COIll1llfISSION Daniel Dittemore Development Planner CouncHman Pregler moved that the minutes be received aDd filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilm.en Justrnann, Pregler, Thoms. May 3, 1973 Nays-None. Honorable Mayor Albsent--.<CounciIman Moldenhau- and Col1DlCilmom er. The City of Dwbuque Planning Notice of OIaim of James J. and Zolling ~mission has re- Schiesl, for Thoma.s SchiesI, a mi- viewed the petition of Mr. and nor, in an undetermined amount IIfrs. Bert Harle and Mr. an~ Mrs. for personal injuries received in Loras Sleffen for l2Ie vacation of a fan over a parting meter sign the platted extension of Bunker at 442 W. 3rd Street on 4-7-73, HilI IIAIad IbetweeJ> cœrry .Street presented and read. Mayor Bitter and PelUlßylvania Avenue IU the moved that the claim be referred City- of DulJuque, Iowa. to the City Attorney for proper lit was noted that the ~wenty action. Seconded by Councilman foot (20') wide right-of-way Is p!e- Thoms. Carried by the following seRtIy used as an alley .connecting vote: ~ny....= ~~ant~g~= Yeas-Mayor Bitter, Councilmen street degelopment pion envisions Justmann, Pregler, T1ìolnS. the ultimate extension of Cherry ~~;~~unci1man Justrnann. Street '" PeDII8Ylvania Menne, and that the pnoseut lif!Irt-of....ay win Notice 01 Suit by Frank L. Zmud- be needed for this purpose. ka Plaintiff vs. David J. Fleege It is the recommendation of the Defendant &. cross petitioner and Planning and Zoning Commission the City as a defendant 10 cross that 1I1e CII,y CoImcil take no action petition in the alllOUnt of $1800. !AI yaeate the platted right-of-way as the result of a car accident t1I. IluØr HilI Jload betweœ Cher- at 17th &. Jackson street caused r, Street 8Bd P""""7Iv-ania Ave- by the City employees OPening a ....... -and the the aubject petition fire hydrant ~ eaused a freez- be dCllÕed. ing condition on January 19, 1972, CI'I.'Y PLANNING AN[) presented and read. Mayor Bitter ZONING COJDIISSION moved that the notice of suit be Daniel Ditœm"", referred to the City Attorney for Developmem Planner proper ..,tioo. Seeonded by Conn- OomIciIman Pregler nwved ap- cilman T1ìoms. Carried by the loi- proval and same be referred ro l<>wing ...,te: Regular Session, May 7, 1973 247 Regular Session, May 7, 1973 Yeas-M,ayor Bitter, Councilmen \ cilman Thoms moved that the pc- Justmann, Pregler, Thoms. tition be referred to the City Mana- Nays-None. ger and Electrical InspeclA>r for Absent - Counc. ilman Molden- investig'ation and report. Seconded hauer. by Mayor Bitter. Carried by the Proof of Publication, certified to following vote: by the pulblisher, of notice of pub- Yeas-Mayor Bitter, Councilmen lie hearing naming a public road. JustInann, Pregaer, Thoms. way in Table Mound Twp. !AI be Nays-None. named Tower Drive, presented and ~bsent - Councilman Molden- read. hauer. No written objections were filed Petition of Clyde Burrows et aI and no oral objectors were present (forward from last meeting) re~a- in the Council Chamber at the tive to condition of W. 8th Ave- time set for the public hearing. nue, presented and read, Council- Mayor Bitter moved that the proof man preler moved that the com- of publication be received and fil. munication be received and filed. ed. Seconded by Councilman Preg- Seconded by Councilman Thoms. ler, Carried by the foJiowing vote: Carried by the following vote: Yeas-Mayor Bitter, Councilmen Yeas-Mayor Bitter, Councilmen Justmann, Pregler, Thoms. Justmann, P,regler, Thoms. Nays--None. Nays-None. Absent - Councilman Molden- Absent - Councilman Molden- hauer. hauer. 246 Petition of Leona R. Friedman requesting a refund of $75. on Class B beer permit No. 2731, as she has discontinued business on This permit on A\>1'il 30, 1973, pre- sented and read. MaYlJr Bit t e r moved that the petition be granted and the AudilAlr be instructed to issue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Pregler, Thoms. Nays-None. Absent - Councilman Molden- hauer. RESOLUTION NO. 152.73 WHEREAS, the orderly process of government could be seriously impaired and rendered ineMective by reason of the aibsence of the Mayor or in event of the illness of the Mayor; and WillEREAS, a presiding officer pro-tem should be appointed in the absence ()f the Mayor on a yearly standby ba,sis and same would serve the best interests of the citi- zens of the City of Dubuque, Iowa; NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Soctlon I. That Wayne A. Mol- denhauer be and he is hereby duly %e~~o-~~ ~I~ sb~~~~ unava!Iability of the Mayor to ear- ry on the duties of his office, from time to time, or in the event of the illness of the Mayor which prevents his carrying on the duties of his office from time !AI time. Passed, adopted and approved this 7th day of May, 1973, Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann <:Ounciln1en A resolution approving condem. nation award to Vmcent Ambrosy in the amoUIlt of $Z1,OOO be paid, plus court costs in the amount of $326.75, for the necessary a.vi- gational easement in, over and across the Aurorosy property and removal of trees, presented and read. Councilman Thoms moved that the award be denied and the City Solicitor be instructed to ap- peal the condemnation award. Se- conded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Pregler, Thoms. Nays-None. Aibsent - Councilman Molden- hauer. Notice of condemnation Appeal from the appraisal and award ()f damages by Vînceot Ambrosy for condemna,tion of 'an avigational easement for Airport purposes, presented and read. Councilman Thoms moved that the notice be referred to the City At!Alrney. Se- conded by Couneilman Jnstmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Pregler, Thoms. Nays-None. Aibsent - Councilman Molden- haner. Proof of publication, certified to by the Publisher, of Notice of pub- lic hearing on resolution of neces- sity for construction ()f 1973 Con- crete Sidewalk project, on various streets, presented and read. Mayor Bitter moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-MaYlJr Bitter, Councilmen Justmann, Pregler, Thoms. Nays-None. Absent - CoUIlcilman Molden- hauer. Communication of Sam T. Pusa- teri objecting to the installation of sidewalks on Cummins street, presented and read. CoUIlcilman Thoms moved that the communi- cation be received and filed. Se- conded by CoUIlcilman Jnstmann. Carried by the following vote: Yeas-MaYlJr Bitter, Councilmen Justmann, Pregler, Thoms. Nays-None. Absent - CoUIlcilman Molden- hauer. May 3, lØ73 To the Honorable Mayor and City Council Mr. White and r have discussed the proposal !AI rebuild E i g h t h Street and how to move the pro- ject ahead according !AI your in- structions. We propose at the meet- ing of May 14th that plans and speciiications will he ready for in- formal bid and a resolution pre. pared to appropriate funds for the project. We would like to disc1lSS this plan with you at council meeting. Gilbert D. Ohavenelle City Manager CoUIlcilman Pregler moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councl[men Justmann, pregler, ThoD1ll. Nays-None. Absent - Councitman Molden- hauer. Petition of peoples Natural Gas requesting permission to eX'Cavate at 16th & Locust Street, presented and read. Mayor Bitter moved that the petition be approved. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Bitter, <:Ouncibnen Justmann, Pregler, Thoms. Nays-None. Absent - Councilman Molden- hauer. CItY It. 5/10 MayOr Bitter m()ved final adop- tion of the Ordinance. Seconded by 'CoUIlcilman Pregler. Carried by the fol!.owing vote: Yeas-Mayor Bitter, Councilmen Jmrtmann, Pregler, Thoms. Nays-None. Ai>sent - Councilman Molden- hauer. Petition of P'aul Detnkier et al requesting installation of a street Jight at Burlington and S t 0 It. street, presented and read. Conn- Attest: Leo F. Frommelt City Clerk Councilman P,regler moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen : Justm.nn, :Pregler, Thoms. Nays-None. Abseut - Councilman Molden- hauer. -- - -"", 248 Regular Session, May 7, 1973 Comm~atitm of Harold B. DemkIer objecting !AI the install- atiOB of a retaining wan to ac- comodate sidewaD< construction at 1975 N. Grandview presented and read. Councilman T1ìoms moved that the communication be receiv- ed and filed. Seconded by Conncil- man JustInann. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilinen Justmann, Pregler. 'thoms. Nays-None. Albsmt - CoUDC11man Molden- hsuO!'. Commnnication of EdwaTd GiI- gann et ..1 requesting deletion of sldewaIk constrndlon on VanBur- en street on the south side from Beverly meet to Universil;r av<>- DUe, pl'eseDted and read. Council- man Ti>oms møved that communi- c- be received and filed. Se- COIIded by Counetlman J-...... Carried b,. tile foIbwing vote: Yeas-Ma:ror BItter, Councilmen JISs_, PreJler, Thoms. Na)1!i--Nœe. _ent-4JouDcllman JI! 0 Ide n- _. State- of Ci.t;' Oerk certify- ing that notices of pablic hearing wøre mailed by eertified mail ou April 11, 1973 !AI property <nmers of rOCQ1'd, subject to assessment for construction of 1973 Concrete SIdewalk PI'Üect. presented and read. Kayur Bitter moved that the otate.ment be received aDd filed. Secooded by Co1lllcibnan Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen JUitm8nD, Pre;gIer, Thoms. Nays-N<IDL .M>sent-Councìlman M old e n- hauer. Councilman T1ìoms being aware of aD oraol oI>jeetioI1s at this time and in recognition of Councilm8ll Moldenhauer's absence he moved that the Concrete SIdewalk project hearing !Ie a<!journed to !he CouIl- ill meeting of 111",. 1«11 Seeonded by CouIlcilmlll1 Justmann. Carried by the following vote: Yeas-Mayor miter, Councilm.en Justmann, Pregler, Thoms. Nays-None. ~OIIDCilmRII 14 0 Ide n- hauer. Proof of PuibIlcatinn, certified to by the Publisher, of Notice to Con- tractors of the receipt of proposa1s for tile e<mftruetIon of City 01 Du- buque 19'1e Concrete prveet w\UI integrai emb project No.1 0 n Grandview A'I'eIIUC from the S.P.L. of 'Whelan S1%eet !xl the S.P.L. ol Delhi Street, presented and read. Mayor BlttO!' moved !!Iat !!Ie proof of pobIlcalinn be received and fil- ed. Seconded by 0aunci1maD Prec- ler. Oarrled b,. the rollowin¡ me: Yeas-Mayor Bitter, Comeilmen JustInann, Pregler, 'l1Ioms. Nays-None. Albsent-Councilman 111 old e n. h81ler. May 3, 1973 To the Honorable Mayor and City CollDCil Pnrsuaut to your instructions, sealed bI-d.s wen! reeeived œtil 111:1)(1 A.M., Cenlral DaJtigtlt Sav. ings Time, Tharsday, May S, 1913 for the City of Dubuqae 19'13 Con- crete Paving with l'nteInl Ctut¡ Project No. I-Gralldvlew Avellue from the S.P.L. of Whe!aB Street to the S.P.L. of Delhi Street. 'ft1e rowcst bid reeefved was from 1!'/;Jnn Company IDe. of Dubuque, Iowa; their bid was 11.82 per cent over the estimate. I recommend that the œntrset for the improvement be awanled to the ""'" Co. Very Iiruly yours, Gilbert D. Cbavenelle CII¥ Kana¡¡er ]lay... BUt.... moved tIIat the co- mn>uDioeatiøn be ueelved ad filed. Seeonded 0" C...",...nm.... PreaIu. Caroled by \lie £oiIawing vote: Yeaa-KaJOr Bitler, Oounci\men J-..an, Pregler, '1210.... Na1"-Noa.e.. AlbsenJ;..-.CøunciIman Mol d e n- hauer. (A--i... C..nt..ct) RESOLUTION NO. 153.73 WHEREAS, _led proposals have been !N!Imiaed by contrac- tors for the City of Dubuque ]If3 Con""ete Paving with lDœtIra,1 Curb Project No. 1-Grlllll1view Ave- DIll! from ÖIe s.P.L. of WlleIan Street !AI the S.l'L. af DeUti Street. pIIlISIWlt fa Besuilliia Me. 102-73 and notice fa llidden pI6- lislaed in a --- posIalislJed in said CIty on ÇrØ 1AI. J8 aa4 A,pril 17, 1973; and WHEREAS, IIOI'Ið sealed JIIVPOS- als were opened and read 011 lIay Regular Session, May 7. 1973 3 1JI73, and it lias been deterJllÍlled IIlat the JIid ol Flynn Co. Inc. of DwlUque, Iowa in the amount of $295,594.56 was the lowest bid for the furnishing of an labor and materials and perfonning the work as provided for in the plans and specifiea,tions; now therefore, BE rr RESOLVED by the City Counc¡'¡ of the City of Dubnque that tile -act far tile 8bove mentioned illlprov- be award, ed f8 FIym¡ Co. Inc. and the lIIan- ager be and he is hereby directed to -Ie a coutract on behalf 01 !he City of Dubuque !or IJIe I """'PIeee """""'anee af s a I d work. H JT l'Uil'I!œR lŒSOL VEÐ , that upon the IIÍCDÙII of saW con- tract &lid tile a_at aI lI1e eon- ..-... .... tile aty Tre...urer ÍI HtIIoriJed aød ÏIIstnIded !AI re- f8nt tile bi<Ia ciepoo¡a of tIoe UBSUC. cesafui bidden. Passed and adopted tbis 'Ith clay 01 Kay, -. .Jœeplt J. Bifter Mayor Wal\ler A. Preg!er AI1an T. T1ìoms <c. Robert Jnstrnarm c.,1IIIeilmen AtteIIt: Leo F. F!ommelt CIty CIIñ. Mayor Bitter moved adoption of IJIe resollrtion. Seeonded by Councilman Pregler. Carried by Ole following vote: V-"ayor Bitter. Councnmen Justmaan, P~r. Thoms. NeYs--Nolle. Ab.Ient--Councilman J( 0 Ide Do hauer- RESOLUTION He. 154-n AuthorUlng !he ex-Ion of t- contracts with BartDn-Asehman As- SDd_. Inc- For !he downtown Urban R__I Prvact. ,- R-15 WBI!IR.&\S, the firm or Barton- Aacbman Associates, Inc. Jlas been retained by the City of Dubuque UÐder a series of contracts !AI pr0- vide certain proiessioJoal and tech- aka! Ier1Vlceo in connection with the deøi.,. ~nstructiøn phase ol TØWII CIGck Plaza in the Down- town Uman Renewal P1'Qject; and WHER:E"5. the City 01 Dubuque desires f8 CODtinue the services of Barlon-AsclIInan Associates, Inc. 249 fur the remaiWDg right-of-way im- provements in Town Clock Plaaa including its extension in a -- lied form to the north curb line of Fourth Street, within the old and p","",nt MaiD Street ri¡bt-<>f- way; now there.£ore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SoctMn I. That the City MaHger be aDd lie is hereby autàorised and directed !AI enter into a con- tract witb Bartœ-Asclt- Aaso- elates, Inc. for tile aervices herein- after set forth iD emmec1ion witb tbe MaiD Street Pedemiaawa,:r for the DowBIown thIIaD Reae w a I Project, IOWB &aá, at a total cost DOt !AI -- $IS,ooo. A. De&ip aI Úllprovemeets fur balance aI pedeslriUIWay c0nsis- tent wilh the character af eomplet- cd po~ ol To- Clock Plaza. B. Desip and documeJIt pres..... tatim aød review. C. ~ratioa of _aet d0cu- ments and bid ualyÙs. Seetlan 2. That the City MDa- ger be and he is ber"'y anthoriz8cl and directed f8 ...ter iDf8 an A- mendment 01 a <:Owaet dated July 22, 18&Ø. wiUl Bartlln-.\schllla" As- sociates, IDe. fur !!Ie eantiJmatioll of services on aD .. eliroeted basis inciuding, but Jlot Ölnited f8 tlllISe items hereiDeiœr set forth, in COII- nectioa witb the MaiD Street Pedes- trian_,. for the Downlowa Urban Renewal Pm.iect, Iowa R-15, at a -I coat IIOt to -- $11,000. A. ConsllltatioDS and t'eVÍe1IIII 01 development P1'OPOIaIs- B- ÚlcaliDg and tagging appro- priate plant materials and ether special features. C. Field engjaeeriJtg serviee& and meetårgll required during the eon- strndioD stage. Passed, approved and adopted lllis 7tb day of May, 1J7S. ,Joseph J. Bitter Mayor Walter A. Pregler Mlan T. Thoms Councilmen Attest: Leo J!'. J!'rommeIt City OIerk Councilman Pregler moved adop- tion of the resolution. Seconded by CouncilmaD Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Pregler, Thoms. Nays-Counci1man JustInann. Absent-Councitrnan Mol d e n- hauer. RESOLUTION NO. 155.73 Authorizing the axocution of a Car- tlflcat8 of Complotlen for Time Financa Corporation WHEREAS, under date of Jan- uary 18, 1971, the City of Dubuque entered into a Contract for the Sale of Land for Private Rede- velopment with Time Finance Cor- poration for the real estate here- inafter described; and WHEREAS, under the ter..... of said contract the subject real es- tate was conveyed by the City of Dubuque to Time Finance Cor- poration who constructed thereon certain improvements; and WHEREAS, Section 307 of said contract provides that upon eom- pletion of the improvements the City, of Dubuque will furnish Time Finance Corporation a Certificate I of Completion; and WHEREAS, it has heeD deter- mined that the requh'ed improve- ments have been satisfactorilY completed; now therefore BE IT RESOLVED BY THE CI- TY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Mayor and City Clerk be and they are hereby authorized and directed !AI execute a Certificate of Completion for Time Finance Corporation for the improvements located on the South 79 feet of Lot 1 of Blodt 3 in Dnhuque Downtown Plaza- in the City of Dubuque, Iowa, situated iD the Downtown Urban Rene-I Project, Iowa R-IS. Soctlon 2. That the Clerk be and he is hereby authorized and direct- ed !AI file a copy of this resolution and the executed copy of the Certi- ficate of Completion in the office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 7th dllY of May, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms C. Robert Jnstmann Councitrnen Attest: Leo F. Frommelt City Clerk Regular Session, May 7, 1973 Councilman T1ìoma movedadop' tion of the resolution. Seconded by CouncilInan Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Pregler, Thoms. Nays-None. Absent - Councilman Molden. hauer. ECUMENICAL HOUSING INCORPORATED May', 1913 Mllyor Joseph J. Bitter and MeJubers of the City Council Re: SIlle of Urban Renewal pro- perty 11th & Locust Sts. Dear Mayor Bitter and Member. of the City Councii, We regret thllt we've not re- ceived any definite assurance fot funding of our bi-rise for the eider. Iy from the Department of Housing and Urban Development. We have been in contact with Mr. Nate Ruben, Director of F.H.A. )4r.,Ru- ben assures' "" that this housing project for our low inoome elderly has been given thebighest priority and has been forwllrded !AI the national oIfice of Housing and Ur- ban Development iD, Washington for consideration. This is one of two projects given priority by ,Mr. Ruben and bis staff from the State of Iowa. In talking with Mr. Ruben today he assures us there will be some kind of housing funds available for the elderly by early SepteIDber, if not before. With the high priority on housing for' the elderly and the bigh priority on this, site at 11th & Locust Sts., Mr. Ruben Is quite confident thllt the project win be funded. - EoU!lIlemca!. Housing Incorpotllt- ed io hereby requesting the City Council to delay anY disposition of the property at 11th, & Locust Sts., and !AI continue to hold it for Ecumenåcal Housing Incorpor- ated until Septetuber 1, 1973. Since thete is such a great need for this tylpe of use we contemplate for this site at 11th & Locust Sts., and whiie there is Il good possi- bility tbst this project will sti1I be funded, it does seem inadViS- able !AI let this property go for some other purpose. <Rev.), ThO!DaS Rhomberg President, Ecumenic,al Housing Incorporated 250 ""'" Regular Session, May 7, 1973 251 Ka,.,r Bitter moved that the comDumieation be reeeived and fDed and the rulea "-<led in order to lei anyone present ad- dress the Coaneil if they so cIe- sin. Seconded by Counciilnan Pregler. Carried by the following .., Yea.s-Mayor Bitter, Couneiùnen Jllstmann, Pregler, TItoIlUl. Nays-Nooe. AlII- - Coancilman 1k>Iden- !Iauer. OomllllDllication of Citi z en s 1I'\Itehdogs advising that letters 01 objeetf.on Iœve her! sent to Presi- dent NIxon and 'Representative Mezvi""ky to stop constrnetion of DalJuqne Eo-eat HIgbrise pro- ject alII> to øfÐp D.lnnllle La... Center ConBtnJetiÐn, presemed and read. 1oI~ Bitter moved !bat the communication be received and tiled. SeOOllded ,by CoIIIIciIma. 1'Þo1IUI. Ca.rried by IIIe iollowing vote: y.....~Mayor Bitter, Co1JllcilmCD luslmalDl, Pregler, Thoms. Nltys-None. Absent - Couuei1man Molden- bauer. lteY. '1bom"', -mlrerg address- ed the C<nmeU MId - ,that Mr. Ruben, DIrector cl F.RA. stated IItat a Dew prop-am in honldng will be coming h7 September taL TIle project would invvlve one and --balf miIliÐn daDo", as !AI &c- CIISitioD .. tile lite 8IId the bDi1d- in&- l'1mds "" sti11 available and is therefore rtill a viable project. Project warran1s more considera- 1iGII- Mtoruey Hugbes also addr...... eel the Council iD beha/¡f of Ee... 1IMIlÍ"a Housing by requesting more time. R.SOLUTION NO. 15J-73 Authorizing on axtonslon of tima for .... consummation of the sole ef .- for privata radeYeI_t with Ecumenical Housinsr. Inc. 'mH1!JJUMS, under date of Feb- ruary 6, 1913, the City Council adopted after a duly conducted public hearing, Resolution No. M-73 which anthorized the execution of a Contraet for Sde of Land for Priftte Redeyelopment with Ecu- menical Housing, Inc. for certam real estate located in the Down- town Uriban Renewal Project, Io- w. R.15; and WHBBEAS, Ecumenieal H 0 u ... ing, Inc. bas oot received a Finn ComDlÍtment by the Des; .IIOOIes Federal Housing Admillistration In- 51IriDg OffIce 10 finen"" the pr0- posed Improvements !AI be -- _led on the real e8'tate; and WHEREAS, tile Mid C'CIDtMet for tile sole 01 land proY!ided 6>r a clooiDg date'" on or before lollY 1, 1973; and WHEIBEiA6, it is deemed 10 be in the best interest of the Man a-al Pæject and ol tile City elf Dutnlque 10 ateJK\ tile time iD wbòcll to execute tbe eoIItraet and to .........,rœte the ...Ie ol tile- land to Ec1ImeoJieal H-.ïng, Inc; now 1hereIore BE IT RJ.:SOLVIID BY 'JI.RE OOUNŒL OF THE CITY OF DU" BUQUE, IOWA: Secti... ,. T1ìat the time !It whieh to execute the Con- fur Øle Ss1e of Land forPriY'l!te Rede. velopment with Eoumemcal Hoas- mg, IDe. for the real estate known as Lot A IBId Lot Z .. Blod: 19 in Dnbuque ,~ Plaza in the City of Dubuque, Iowa, be and is lIereby enended to Septem- ber 1, 197B. Section 2. That 'all ather terms, eondltiotlB and I'I'OYÌSÍi>ns 01 the said Contract for Sale of Land for Private Bedeve1oplDCllt shall remain in full force and effect. Passed, approved and adopted thi. 7th day of May, 1973- Josc¡pb 1. Bitter Kayor Walter A. Pregler Mlan T. Thoms C. Robert lustmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councillnan T1ìoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann. Pregler, T1ìoms. Nays-None. Absent - <:Ouncilman Molden- hauer. An alloted time to discuss the bus mtuation was set aside by the Mayor by previous announce- ment at the meetings and also throngh the newo media. Mrs. EI- .. Adzms of 7- Bluff St., Mrs. 1111,1 252 Regular Session, May 7, 1973 MQio KaUfn1ann, Mi.. Freese of City of Dubuque has a"d is .c- the Environmental Coordinating Or quiring land, reIocatJing site occu- gani1iat4on, Rev. Thomse Rbom- pants, removing .truc\1n"<!5and 0- berg, Mr. Mike Stackis and Clyde ther improvements, and construe. BurroW!S all spoke in favor of con- ting and reconstructing site im- tinning the bus service for some provementsand public facilities; reason or other. Mr. Jim Gruber and was of the opinion that it should WHEREAS, the U~ban Renewal not go !AI a referendum and the Plan provides for the sale of cer- issue should have more pubI1c ap- tain land for redevelopment by peal. private developers; and Petition of Envïronmental Coor- WHiEREAS, the Fixed.J>rice dinating Organization encouraging Competition method perlDÍts the consideration "fa transit, System sale of land ,on criteria and factors which is reaIi&tically tailored to other than price and in the, best Dubuque's lifestyle'S, presented and interests of the Urban Renewal read. Mayor Bitter moved that the Project' and the City of, Dubuque, petition be received and filed. So- now therelore conded 'by Councilmen Justmann, pregler, Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Pregler, Thoms. ,,!!ays-None. ' Absent-Councilman Mol d e n- hauer. ' Mayor ,Bitter moved that the rul- es l>ere..;mposed. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Pregler, Thoms. Nays-None. AJbsent-Councilman Mol d e n- hauer. RESOLUTION No. 156-73 Approving the Fixod-p.ice com- petition mothod for offering, certa in land in the Downtown Urban Ra- newal Project. Iowa R-15. for Ra- developmant by Privata devel_rs ' WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan 'and Cap itoJ Grant Contract for the undertaking of tlhe Downtown Urban Renewal Project, Iowa R-1S; and WHERiEAS, under date of May 18, 1967, the ,Council of the City of Dubuque, after a Public Hear- ing, duly adopted an Urban Re- newalPlan for said Project and which Urban Renewal Plan is on file. in the OIifice of the City Clerk and is recorded in the OIifice of the Recorder of Dubuque County, Iowa, in Book 295 of Mortgages, P,ages 235 to 259; and WHEREAS, pursuant to said Ur- ban Renewal Plan and said Loan and Capital Grant Contract, the ',""",,. BE IT RESQlLV.OO BY THE CITY COUNOIL OF THE CITY OF DUBUQUE, IOWA: ' Sattlon 1. That the documents peJ'tainingto apròposed. Jl'ixed. Prke" Competition' offering of a certain paÌ'Cel of real estate set forth in such documents, a cò¡iy "f which documents are made a part hereof ,and filed of record in the OIifice of the City Clerk and as they may be revised as neceos,ary !AI comply with the re- quirements of the Department of Housing and Urban Development, are bereby approved. Sadlon 2. That the Fixed.r>ræe Competition method of offering cer- tain land for sale for redeve1op- ment by private developers is the appropriate method of making the land availaible fur redevelopment. Section 3. That the ,price for the disposal of said parcel included in the proposed offering has been determined to be not less than the fair price for the land for uses in accordance with the Urban Renewa'l Plan and said prices are herelby approved. Saction 4. That the City Manager and the Director of Urban Renewal be and are bereby authorized and directed !AI ,proceed with the pr0- posed dispos,al of ~e parcel set forth in the attached documents in accordance with the proposed disposal procedure and all other applicaJble requirements. Sadlon ,5. That the City Clerk be and he is hereby authorized and directed to publish "Invitation for Proposals" for the sale of C!r- tain parcels of real ""tate, in the Regular Session, May 7, 1973 form of ExbiiJlt "A" attached here- I<> and made a part hereof. Passed, approved and adopted this 7,th day of May, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms C.Robert Justmann CounciJn¡en Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by Coun- cilman Thoma. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Pregler, Thoms. Nays-None. Absent-Councilman Mol d e n- hauer. INVITATION FOR PROPOSALS The City of Duibuque, Iowa, in- vites proposals for the purcha.e and redevelopment of property in the Downtown Uuban Renewal Pro- ject, Iowa R..JS. The propenty 1fr0DltJs on both Central Avenue and Iowa Street, is bounded on the south ~m~:nyR~~~r i;i::~d~~ o~rg~~ I north by MCIiJonald's. Parcel No. South 144 Feet of Parcel 2-6, Approximate S qua r e Feet, 22,908.008. Use, Commercial Services Area. FulI inlformation, instruction. and bid documents needed to pre- pare proposals 'may be obtained by depositing $10.00 with the De- partment of Housing and Redevel- opment, Suite l00-B, Fischer Build- ing, Dubuque, Iowa, for eacl1 set of Documents. Each such deposit shall be refunded ii the Documents are returned in good condition, wi- thin 30 days after bid opening. All proposals mnst be received I at the office of the City Clerk, City HalI, 13th Street and Central Avenue, Dubuque, Iowa, no later than 10:00 A.M. CSDT on May 25, 'l973, at which time all bids will be pnbliclY'copened and read in Council Chambers. Each proposal must be aœom- pal1lÌed by a good faith deposit in the form of a certified check or IJIank draft payable to the City of Dubuque, or a satisfactory bid bond, in an amount equal to 10 253 per cent of ~e amount of the offer. Additional inlformation concern. ing the City of Dubuque's Land Marketing PrOgram for the Urban Renewal Project may be obtained from Gent M. Wittenberg, Director of the Department of Housing and Redevelopment. (!Phone 319-588- 0017). Leo F. Frommelt City Clerk Proof of Publication, of Notice of public hearing on Proposed plans specifications, and form of contract covering the erection and construc- tion of a' new Joint-ÇountY-City Law Enforcement Center, present- ed and read. No objections were filed and no oral objec1x>rs were present in the Chamber at the time set for the public hearing. Mayor Bitter mov- ed the proof of publication be re- ceived and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Ju.tmann, Pregler, Thoms. Nays-None. Absent-Councilman Mol d e n- hauer. RESOLUTION NO. 157-73 A rasolution approving pr_sed plans. spacificatlons and form of contract for construction of Du- buque County..city of Dubuqua Low Enforcemant Centor. WHEREAS, the existing city jail facilities of the City of Dubuque, Iowa, and the existing county jail facilities of Dubuque County, Iowa, are in'adequate, inefficient and an- tiquated and do not meet the puib- lie needs for law eIllforcement pur- poses; and WHEREAS, the County of Du- buque, Iowa and the City of Du- buque, Iowa have entered into a written agreement for the erec- tion, construction, operation and maintenance of a Joint Conuty- City I;aw Enforcement Center; and WHEREAS, the County of Du- buque, Iowa and the Oity of Du. buque, Iowa have ordered the pre- paration of plans, specifications and contract document; and WHEREAS, the estimated cost of said improvement is in t 11 e amonut of $1,046,000, and of which cost the POrtion to be paid by 254 Regular Session, May 7, 1973 the City I1Í DubWl.ue, Iowa is es- timated to be in the amount of $2G5,iIO8.00; .ad WIlE_, the matter coming 10 Publie HeariD;l Plß'swmt 10 no- üee. ileretolore (llllblislied in the "TeIeerapb-Het-,aW', a a....spaper 01 _ral circulaüon pØblisbed in tile City of Dulmqne. l.oIn, and there 'being no objections either oral 01' written !AI &aid proposed plans, specificatiœs and form of COÐ1t'aot. .NOW 'l'HEBEJi'ORE BE IT RE- SOLVEfD BY TILE OITY COUNCIL OF THE C1Il'Y OF DWIUQUE, lOW"', Sodion 1. 'Dbat the pi"", spe- cifi<ations and form of eoutraet referred to in the preamble bueof be and the...me are hereby .dop- ted and approved, which pImti, çecifieaüollS and form of contraet have been prepared by DUl'rant, De~, Dom......, Kramer and Gocdou,Ar.,mf.ect¡ and Engineers. Section 2. That the Ma¡m- and Ci.ty Clerk be aad Jler.eby are au- thorized and __red !AI adlfix their respective signatures to .aid plan and specifWatioœ for and on behalf of tJhe City of Dubuque, Iowa. Soct1on 3- 'I'bd doe - .to bid- den heretofore pUbJi.IIa-ed be ,and the .."e j¡ her...y _ved and 1IIe..,- j¡ lI...eiby ...tified and confirmed. Passed, approved aad adopted this 7th day 01 May, UII3. .Jnseph 1. Bitter .")I8f Walter A. Pregler ABan T.'1.'ham8 C. :Røbert 1ostmann Councilmen Attest: Leo F.. From..e!.t City CI<d Couøeilmu> 'l1wms moved ado¡>- """ of !he l'eBdIuti<m. Seoonded by CoIEclImall Pægler. Carried by 'Ole ~ wte: Y--1Ia- Bítter, Councilmen JustmalUl, .Pregillr, T1ìoms. N~o-No...- J\lloeDt - CoIIncllman Koldeo- _. R1!SØUITIOM Il1O. Ul-73 BE II' JI.EI!()I..'VED bY 1he City 0Wncll <lfdlle œ:r 1IÍ DIå1que, -, tIIIIt lie 1oJ.IøWjag haoing complied 'WÍdI <the provmolDl 01 1- relatine !AI tbe sale 01 Ci- garettel within the City of Du- buque, Iowa, be granted a permit to sel'I Ggare!tesand Cigarette papers within said City. Joe Diener, 11&1 University Ave- nue BE IT FU~ RESOLVED that the bonds 1I1ed with the ap¡I1i. cation be approved. Passed, adapted and approved this 7,th day ad' May, 1973. Joseph J. mtter Mayor W.1u" A. Pregler AIle T. Them. C. Robert Justmann Councilmen Attest: Leo F. _melt City Clerl< Councilman Thoms m()ved adop- tion of the resolution. Seconded by Coaaœ.Gl"" PngIer. Carried b,y the f()J1owin¡¡ vote: Yeas-Mayor ]lUter, Councilmen JustInann, Pre¡jler. TlIom... Nays-NGIle- Aibsent - Councilman Kulden- hauer- RHOLUncIN 'NO. 159;D WBDEAS, 8iPPIic"-tiefts fer Beer permits """" bee,. .ultmited to this Council for _val aad the ..- have been eJWllined; NOW 'l!HEiI.EFORE, BE IT RESOLVED by the CIty Council ad' ~e City d. DIIIIIIque, .Iow8" that the foKooriJlc appHca- üøn. be ganted and per_to Is. slled upoIlthe oompJi&Ðee with tile ImWl of /.he oniiuœe. <If tile 1Aty. C1.A55 "C" BtõEIt !'EIIMIT W..1green <:OlDPany, 565 IelUledy ](aU 'I'ltømpson'.. Food Jla.rI<etI, IDe., - AIIIbuQ> Bt1'eet Paslled. adopted an41 approved ÜIIis 7th day iii »ay. 1m3. JOIIIPh J. J¡üt.er x.- Walter Â. Preg1... AI1aa T. I'homs C. Bobertt ¡ustroun .ceaaciIJua Attest: Leo F. hellllne&t City Oem CoUllC.ll..... '1hœo.s _eoI adop- lion of the l'e"'UÖØD. JIeeon4ed by OmuIdIman Pregler- Cllrtied by 11Ibe føll.awiD¡¡ vote: &!gular Session, May 7, 1973 .255 Yeas-Mayor Bitter, Ooueeümen IDWA LIQUOR CONTROL ACI'- Justmann, Pregler, Thoms. C~ER ~a. a_ded by Üle NaY6-None. 64th Gene.raJI Assem/Jiy, lIm. Absent - Councilman JfoàIœ- CLASS "C" (COMMERCIAL) hauer. B.S. UQUOIt LICENSE RESOLUTION No. 160-73 John F. HaB, 2616 WIndsor Avenue. WŒfEREAs, applications for Beer James N. 'Ma;erns, 253 Main Street permits were filed by the within D.B.Q. Inc.,. 4th I: Loeust. Str~t. named applicants and they have Joseph L. DIener, 1064 Umvvsity received the approval of this Coun. Avenue. cil, and CLASS "A" (CLUB) BEER WHEREAS, the preIDises to be UQUOIt 1.IC.MS. occupied by such applicants w,:re Dubuque Golf &: <:OUntly Club End inspected and found to. com!'ly WIth of Randan Pl\ace ' the ordinanœs ad' this City and . they have filed proper bonds; Pa'ssed, adopted 8I1d approved NOW THEREFORE BE IT RE- this 7'th day of May, !973. SOLVEiD by the City Counc!iI of Joseph 1. Bitter the City <If Duiluque, Iowa, that Mayor the Manager be authorized to cause Walter A. Preg'ler !AI be issued to the following named AIIan T. Thoms appticant& a Beer permit. C. Hobert .Tuøtmann CLASS "C" BEER PERMIT Conncilma1 ed COIJ!lo<ilman TIIøms m1l'nd ad6)- Walgreen Company, 555 Kenn y tIon of the '-"'SOIutiml. fleeGnded Mall. , JJ,- <CollBCilm'aB Pregler Carried Thompson's Food Markets, Inc., by tile foI!otwm,g ..ne: . 3003 Asbury Street. Y . - .'- ""-.--,,- BE 1T FUJ!I11HE:a RESOLVEiD ea........a7OJ' -~, """""""'Ien that the bonds filed by such ap- Justm......, PreIW, ~oms. plicants be and the same are here- ~~~.'olden- by approved. h Passed, adopted and approved auer. this 71111 day of May, 1973. R8SOWTfON No. 10..73 Joseph J. Bitter 'lnfEREAB, applleaUotrs for Li- Mayor quor lIe-es were filed by the Walter A. Pregler Witldn Ilanted al'P'fi<8ftts <ilia they Allan T. Thoms hve recel'Ved tile anmwai of -dIis C. Robert Justmann Council and <:Ouncilmen 'WllZilEAS, .... premi- to be Attest: occupieð. by slJC:lo app¡¡""lIb¡were Leo F. Fromme1t inspected and found to ~ 'lVith City Clerk the .eta'" Law ana aft City ardi- Councilman T1ìoms moved adO>- nances relevant thereto an4 Uoey tion of the resolution. Seconded ll.av.e tiled pr<>¡>el' bends, by <:Ouncilman Pregler, Carried NOli/' I'iŒJRJi»'OaE BE IT RE. by the foUowing vote: SOLv:&D by tile City CowIciI of Yeas-Mayor Bitter, <:OunciImen DJl.buque, u.wa, 1Iaat the ¥--r Justmalm, Pregler, Thoms. be awthoriœd tÐ ea- to be issued Nays-None. to the ~ ./la-II alllllieants Absen~unciIman M 0 ide n- a Ul¡UOr lic8DJe. hauer. CLASS ~, ,tiCCllMMEaCIAL) RESOLUTION No. 161-73 BEER LIQUOR UC-.. WŒrEREiAS, AppIJâcaUons for hlln P. Hall, 3!16 'WiI14sur A_ue. liquor I1censes have been suil11llt- James N. Majerus, 253 Main I'Itreet ted to thiIS Council for OW,:"vai D.B.Q. 1.uc.. 4fb " Ll>eust Street. and the same have /been exl>lDI1Ded, Joseph L. Di_, lÐØ!I University NOW THEREFORE BE IT RE-, Avenue. SOLVED by the City Council of ; " " the City of Dubuque, Iowa, that, CLASS A (CLUB) BEER the following applications be grant- : LIQUOR LICENSE ed and licenses issued upon the I Dulbuque Golf & <:ountry Club, End compliance with the terms of the of Randal'I Place. 256 Regular Session, May 7, 1973 Passed, adopted and approved ~s 7th day of March, 1973. Joseph J. Bitter Mayor Walter A. Pregler ADan T. Thoms C. Robert Justmann Councilmen Attest: Leo F. Frommelt Qi.ty Clerk Councilman Thoms moved 'adop- tion of the resolution. Seconded by <:ouncilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen I Justmann, pregler, Thoms. Nays-None. Aibsent~uncilman M 0 ~ den- hauer. Councilman ,Thoms moved that the Langas beer matter be set for a public bearing on May 29th contingent upon receipt of an ap- plication. Seconded by Mayor Bit- ter. Carried by the foll.owing vote: Yeas-Mayor Bitter, <:ounci!.men Justmann, Pregler, Thoms. Nays-None. Aibsent~uncilman Mol d e n- hauer. At 10:20 P.M. Councibnan Preg- ler mewed to go into executive sesoion to discuss eminent domain I proceedings. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, <:ouncilmen Justmann, Pregler, Thoms. Nays-None. Aibsent-Councilman M 0 ide n- hauer. At 10:36 the Council reconvened in regular seßsion. There being no further business <:ouncilman Justmann moved !AI adjourn. Sec- onded by Councilman Pregler. Car- ried by the foUowing vote: Yeas-Mayor Bitter Counci1n1en Justmann, PregIer, Thoms. Nays-None. Absent,.....CounclI1nan 14 0 Ide n- hsuer. Leo F. F,rommelt City Clerk. 'Ie". A¡>proved ...................................... 1973 Adopted .................................... 111'13 .........,....".......................................,.. ..,....................................................... .,............,........................................... .......................................................... """"""""""""""""'C;;;;;;~'" Attest:, """"ëïij"ci;~k:""""""""""" Adjourned Regular Session, May 14, 1973 2S7 CITY COUNCIL ing of "X" rated movies at the Orpbeum presented and, rea d. '," Councilman Pregler moved that OllICIAL the communication ,be received and Adournod regular session, May (ned. Seconded by Councilman Mol- 14. 1973. denhauer. Carried by the following Council mot at 7:30 P.M. (C.D. votey:.. u B' .tt Co 'I T.) ea~ay... I er, unCI men Pre..nt - Mayor BllI8r, Coun- ~::nn, Moldenhauer, Pregler, cllmen Justmann. Moldenhauer, Nay':-None Pregler. Thoms. City Managar GII- C . ti. 01 th Dub b8rt D. Chavenalla. ommumca on e, uque .' Park Board, ,addressed to the Ma- Mayor Bitter r.ead the can and yor, relative to Councilman Preg- stated that serviCe th~reof h:, d ler's communication to the Board ~. duly' made and f!ñs, meeting questioning the posting of 'signs IS ,on I\<Iloumocl, m8Ø'ng of May at the various parks "in the' City 7: 1'?3. for tho purpo.a of ~on' presented, and read. .,dorlng tho 1973 Concrota S,~ Councilman' Pregler moved that wall! Pro¡oct No. 1~ and acting the rules be suspended inomer upen sucl1 other IbWIIIIess as ,~ay to let anyone present addresoi 1he properly '"?"le. h<!{ore the meeting. Council if they so'desire: Second- Co~1lIU.cati?n of Mrs. Vmcent ed 'by Councilman Moldenhauer. Scbtnitz, s\resBing the need oI,some Carried by the following vote: ~a_~tion,.yst<:m and request- Yeas-Mayor Bltter,'Councilmen 1ßg !tat It be cons<d~ pr_t- JuotmallÌlMdIdenhauer Pregler ed, and, read. 14aror. Bitter mov.ed Thoms. ' ',' that the commumcalion be rece>v- Nays-None ed and filed. Seconded by Coun- .,', " ' cilman Moldenhauer. Carried by ~r. Richard Kramer, Park Su- the . following, vote:, , penn~ndent, was ..aI1~ uP!'n !AI Ye_M.ayor BiItter, 'CounclIrnen explam th~ park Slgl! situation to Justmann Moidenhauer Pregler the <:Ounclll. Thoms' "<:Ouncilman Justmann m,oved Nar~one that the communication of the Park Communication of Mrs. Arnold ~ard be re(erred to,the Citr Sol- Ul¡:igstressing the need of ,con, Icltor. Secon~ed by Council,,!an tinning bus service even 'If it 'is Thoms. earned by the folloWIng on a, limited basis and being of vote: great benefit to the elderly, pre- Yeas-Mayor Bitter, Councilmen sented and read. <:ouncilman Preg- Justmann, MdIdeohauer, Pregler, ~, moved, that the communiea- Thoms. ti<Ín be recèived and filed. Second- Nays-None. ed by 'Councilman Moldenhauer. communic.ation of Attorney ål- Carried by the following vote: fred E. Hughes, representing ¡{ey- Yeas-Mayor Bitter, Councilmen stone Gelatin Co. indicating con- JustlDann, Moldenhauer, Pregler, cern as to the possibility of COII- Thoms. tamination to the product of Key- NaYs-None. , stone Gelatin as the result of a Reereatioll Commission submit- sale of land to the Key City Plat- ting their minutes of the meeting ing Co. adjacent to the Gelatin held on April 16, 197;1, presented plant, and requesting an invesltga- for.,~, recor!l. Councilman Preg- tion, presented and read. ler rowed tha.t the minutes be Attorney Hughes addressed the received and filed. Seconded by Co\lllcil and, showed some conom Councilman Moldenhauer. Carried as to possible acid emission and by the fallowing vote: odor .from a plating plant. He also Yeas-Mayor Bitter, Councilmen stated that possibly the use of Justmann, !Moldenhauer, Preg!.er, the land was not checked at the Thoms. time of sale Mr. Arthur Roth, Nays-None. Health Administra!Alr, recommend- Communication 01 David Thome ed that no building permit be is- M UX, commending the Council- ! sued at this time. The Health De- men who are opposed !AI the show- I partment is presently checking 2.'58 Adjourned Regular Session, May 14, 1973 _111 1I1e State. Mr. Donaold' Bancb', BnlIcIng Commisotoner, S't8ted GI&t itmlLtt be deare<! by tile Board eI ZoIIbtg Acijulltll1<lDl, -- the Kqstmle GelatIB Co. muá prvIeet tllemseJ;.-e.. Councilman JustmannmØfeCJ 11m tile eommmdea- of Attor- ney Hughes be ..-.ved and med and referred !AI the Manager am Staff and City Solicit«, Øeeœded by c-ciIDIan MoiIIeùaUr. Car- ried 111 the foUøIIiag -: Ye8~ BItter, ~JmID -'-- ØoJcillallner, Preler, TIIoI8s. NaY'l-N<8e. lby)l1,- _nIIte Ma,. dd K.eøIIDer. .-1IIe CitJ (:eaaeiI 1 ...~ _Yeti tile following I>oDd ad desire 10- ~a{ 01 sa-. 51"""111 ~ B8IIII CI8Nftce (Barwey Gnrt&, United Iir.. " c-- Co" Boøò No. 515.- Gilbert D. eãaveoeBe City Manager CowIcilman Pregler moved fil- ing approval SIIbjoct !AI approval of !he City Attorney. Seconded hy CoUllCÒlIDan M8ldenbauer. Carried by the foIJDwiDg vote; Yeas-Mayor IIittu, Cowammen JustIIWm, Møldenbauer, Pregler, Tbo_. Nays-None. Notie& 01 OIaim of VlDOent Mes- clIør, ¡,. an UJKIetarmmed amount, for expense incurred as !he resu\t of a backed-up samtary sewer 'at U33 Rhoml>erg Ave. on May 7, 1973, presented and read. Council- man !'rester moved !hat the claim be referred !AI !he Cfty AtlAlrney for investigation and report. Se. conded by Co1mcilmall 'MoI4enbau- er. clII'l'Ÿ4 by !he foUowmg vote: Yeu--Mayor Bitter, CounctImen JustInann, Moldenhaner, Pregler, T1ìorm. Nays-Nane. Notice of claim 01 'Bldoft J. We- Iler, III tile amount of $87.13, for e~ /lama~ meurred as !he re- .1IIt eI striklllg a rut In tile road at 1.P'.K. " Wad<er on April 1S, 1913, preoented and read. eounell- maft preflet IDOftd tIIat the claim be referred to the CIty AtiAlmey tat Inv~gation and re;port. Se- conded by CoIIIlcilmanJloldeMau. cr. Carried by !he folIowillg vote: Yeas.-ØallOr Bitt-, CouDdl..... Justin-, KoIdeøbaer, Precler, T1ìolftlf. Nays-None. Notice iii cllim iii Jús.. J\DIe M. Adams, in the amaaM of $48&,71, Þ plumbing -..e in. cur,red as the result of a clog!!fi water line at 5Ø1 Rhomberg Ave., presented and read. CouncIfu1an Preg'ler moved OIat tile claim be referred fo the City AtIorney tor investigation and report. Seeouded by Cotmcilman Molclellftll1ler. CIH'- riel!' by tile foRowútg vote: Yeas-llhyor Bi~, CoImeilmen JUstm&m1, MOIden&a"er, PreJler, 'l1toms. M'~. M'offce 01 daim of Pau&!e (Joates ÌJI ItI1 nnde!erm1ned ..-, lor persoIIal illjurfeg receftoed ÍII . faB art . deieetfve sidewalk &>t :1353 CeIItI'a! A~. em Hardt 4, 1!1'm, presell!ed and ...ad. ComIeiIman Pregler moved !hat !lie .,laim .... referred to the CItr Attorney for !n~estigatfo¡ø and repørf. Seeonded fly Couneiimaø Motde1l!tl1ler. Car- ried J¡y the foIIo1rittI!' \'Ote: Yeas-Mayor Bitter, Cmmcllmen JustInamr, M.,ldeu:ha"er, Pregler, T1ìo"",. Nays-None. Proof of l'UbJication, certil'ied !AI by !be P\lbfisber, of notice of pub- lie llearin¡¡ to amend Ordinance No. 41HZ, by repealù1l1' Seetion « filereof and enaeting a new secUon 4 in Deu !J1ereof to provide for the location of the Premises of a CJas¡ "11" beer permit within a local BusÍlleS'S A District OIassl- ficalion, presented and read. No written oIbjectÎDIIS were med and no oral objeclA>rs were present at !he time set for !be pubtie bearing. Councilman 'MoldeMauer moved tbat !be proof of publication be received and filed. Secouded by CounciIInan 'l'J¡oDlOl. Carried 'by the fou-ing vote: Yeas.-Mayor Bitter, Councilmen JustlßallIl, iMoideDilaller, Pregler, T1ìorna. Nays-None. ORDINANCE NO. 22-73 An ordln.1Ift ant8ftding OrdInanca No. 46.72 by r_aling Sectleft « thereof and enacting' new Seetfon « lit II... thereof Ie provide for tho lont"" of the preml- of a CIllo "II" - permit within Adjourned Regular Session, May 14, 1973 a local Businoss "A" District Clas. siflcation. said Ordinance having been previously presented and read at the Council meeting of April æ, 1973, presented for ¡¡¡"al adop. tion. ORDINANCE NO. 22-73 AN ORDINANCE MfENDING OR- DINANCE 46-72 BY REI>EALING SECTION « THEREOF AND ENMmNG A NEW SECTION « IN LlJEU THEREOF TO P R 0- VIDE FOR THE LOCATION OF THE PREMISES OF A CLASS "'B" BEER PERMIT 'WITHIN A LOCAL BUSINESS "A" DISTRICT CLASSIFICATION. NOW THEREFORE BE IT OR- DAINEO BY THE CITY COUN- CIL OF 11HE CITY OF DUBUQUE IOWA: 5actlon I. That Ordinance No. 46-72 be and the same i. bereby amended by repealing Section « thereof and enacting a new Sec- tion « in lieu thereof, !AI-wit: "Section 4. CONDlTlONS FOR APPROVAL OF IiICENSE OR PERMIT-I>REMISES An a' p p I i- cant for a liquor license or beer permit, as a further condition for approval ,by the city council, must give consent in writing on the ap- plication, that members of the fire, police, and beælth depart- ments and the building inspector may enter upon the premises with- out warrant to inspect for viola- tions of the provisions of state law and of Ibis ordinance. (1) No liquor control license or beer permit shall be approved for premises which do not conform to all applicai>i.e laws, ordinances, resolutions, and health and fire regulations. (2) No <license shall have or 'I maintain any interior access to residential or sleeping quarters un- less permission is granted by the state 'heer and liquor control di- rector in the form of a living quarte... permit. (3) The premises for which a class "'8" beer permit is sought must be located within an area now or hereafter zoned to permit such business and coDiform to the zoning requirements of this city. However, no class "Boo beer per- mit <han be issued for premises located in Local Business "A" Dis- trict Classification unless a public 259 hearing be first held therefor and due notice of such public bearing having first been given. (4) The premises of a class "Boo beer permit shaH, at the time of the awlü.oation, <:ontinue ,1XJ be equipped with ..Wlficient ,ta!bles and seats 1x> accommodate twenty.,ft,ve persons at one ,time. (5) No state liquor s!Alre shall be located within three bundred (300) feet of a public or private educational institution unless a les- ser distance is specifically autho- rizedby ordinance. 00 Passed, approved and adopted Ibis 1Mb day of May, JB73. Joseph J. Bitter Mayor Allan T. Thoms Wayne A. Moldenhauer C. Robert Jnstmann Councilmen ATTEST: Leo F. Frommelt City Clerk Published ofl'icially in The Tele- graph-Herald Newspaper this 17th day of May, 1973. Leo F. Frommelt City Clerk It. 5-17 Councilmau Moldenhauer moved final adoption of the Ordinance. Seconded by Councilman Thoms. Carried by the foliowing vote: Yeas - Mayor Bitter, Council. man Jus t man n, 'Moldenhauer, Thoms. Nays- Councilman Pregler. Petition of Mrs. Rose Bardon et al (280 Siguers) requesting the City to take over the operation of city ,buses and that it be brought to a vote of the citizens, presented and read. Councilman Pregler mo- ved that the petition be received and filed. Seconded by Councilman Bitter. Carried by the foIlowmg vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Merl F. Goerdt et al requesting annexation of Lot 1 of 1 of 1 of 3 of 1 of Sub. of Lot 1 of 1 of '1 and Lot 2 1 of I of M. L. 324, Sec. 12, T. 89 N. R. 2E and Lot 1 of 1 of M. L. 3æ, Lot 1 of. 1 of 2 of M. L. 324 and Lot 94 in O'NeiH's Riverview, presented and 260 Adjourned Regular Session, May 14, 19¡-3 read. CoWICilman Pregter moved I that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Mayor Bitter. Carried by the foHowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenbauer, Pregler, Thoms. May n, 1AI73 Honoralble Mayor and Members of the City <:Ounei1. At the City Council meetiog of March 19, 1973, your honorable bo- dy allowed a .refund to Cyril J. Fries in the amount of $227.50, on the unexpired portion of IJiquor IJicense No. C-4.1l1. The refund al- lowed should bave heen in the amount of $422.60 in place of $227.60 This would represent a difference of $l95.00 due !AI Mr. Cyril J. Fries. We therefore are requesting au- thority !AI issue a warrant to Mr. Cyril J. Fries in the amount of $l95. to rectify the error. Leo F. Frommelt City Clerk- <:ouncilman Moldenhauer moved approval of the request. Seconded by Councilman Pregler. Carried by the followmg vote: Yeas-,Mayor Bitter, Councilmen Justlllann, Moldenhauer, Pregl.er, T1ìoms. Nays-None. Petition of Edward GiIgann et ad objecting to the COMtruetion of sidewalks on VanBuren Street on south side from Beverly !AI Univ.....ity Ave. (forward from last meeting) presented and read: Pe- tition of Sam Pusateri objecting to installation of sidewalks on Cum- mins Street, (forward from last meeting) presented and read: Pe- tition of Harold B. Den>kie<' (fm- ward from last meeting) request- ing that his property be exempted from the proposed sidewalk assess- ment and the city pay for the cost of the wall required and the excavation, pr...eDted and read: Councilman Pregler moved that the petitions be received and filed. Seconded by Couneilman Molden- hauer, Carried by the foJlowiDg vote: Yeas-Mayor Bitter, Counci1Inen Justmann, Moldenhauer, Pregler, T!1oms. Nays-None. Mr. Harold DeJnkier addressed the Council relative to his side- walk eomtruction prOblem. He "'as not in objeetion to eanstnlel!Dg a sidewalk but did not t!ùIIII: It was fair !AI the eonstructlon 01 a wall whicb would have !AI hold up the foundation of JW¡ home, more so beeauae it is on City property. Councilman J u. t mann moved that Mr. Detnkier'. objec- tion, along with others, outside of the proposed deletions as agreed upon, 'be overnñed. Seconded by Mayor Bitter. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Jnstmann, Moldenhauer, Pregler, Thoms. Nays-None. Upon motion by Councilman Pre- gler the Council declared a reeesa at 9:20 P.M. Seconded by Mayor Bitter. Carried by the followmg vote: Yeas-,Mayor Bitter, Councilmen Justrnann, Moldenhauer, Pregler. Nays-Councilman Thoms. 'Council reconvened at 9:30 P.M. May 1Jl, 1973 To the IIDnoraIJle Mayor and the City Council T1ìe City AtlAlmey has advised us to withdr,aw Key Comers and Keymont Drive from the 1973 Coo- crete SidewaJk Assessment Pro- gram. This will allow the City to take appropriate legal action to secure performance of Hlilicrest Builder's contract ,with the City of Dubuque under Ordinances 28-6l and 70-60, and Resolution Number 229-63. John L. WhIte, P.E. City Engineer Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Hol- denhauer. Carried by the foJl.O'I'ring vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION No. lø-n Resolution amending RMolution No- 1111-73 b8ÏnI a resolution of necessity for 1973 Concrato Siela- walk Program. BE IT RESOLVED BY THE OITY COtJiNICIL QF THE CITY OF DUBUQUE, IOWA: Section I. That Resolution No. 1111-73 being a n!SOlutlÖu"';neeeo- sity for the 1973 Concrete Side- Adjourned Regular Session, May 14, 19¡-3 walk Project, be and the' same is herei>y amended by deleting the following sidewalks therefrom: 1. VanBuren street south side-lrom Beverly to University Avenue. 2. Key Corners from Sharon to Keyway Drive. 3. Keymont Drive from Vizaleea to Keyway Drive. Passed, adopted and approved this 14th day of May 1973. Joseph J. Bitter Mayor WlIIlter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Juslmann Councilmen. Attest: Leo F. Frommelt City OIerk. Counci1man Pregler moved adop- tion of the resolution. Seconded by Couneiiman MoldeDilauer Car- ried by the fo1JøwåJtg vole: Yeas-Mayor Bitter. Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nay~one. Daclslon of Council - obfactions to plans. spoelfieations, form of eant..... and - of Improyomonts RESOLUTION No. 164-73 WiHEREAS. proposed plans and specifications and form 01 contract for the 1975 Concrete Sidewalk Pr0- ject, Primrose Street, from Davenport to Kane Streets. BurliDlon Street, from Primrose !AI Broadway. Keokut Street, Ú'om Primrose to Gle_. Saunders Street, from Lemon to Timberline. Oakcrest Drive, from Greenwood to Maplewood. Mesa Drive, - east side - from Kane to Altura Streets. Boyer Streets, from Linda Court to Andrew Court. BdJoa Street, - west side - from Kane to Cortez Streets. Chaney Road, from Kaufmann to Kane Streets. ~ne Street, - noJJthside - ifrotn IDekory Hill :Road to Chaney Road. Kaufntann åvenue, from T1ìeda to Evergreen Street. Gordon Drive, from Theda Drive to Kaufmann Aveline. Crlssy Drive, - ",est side. from Theda Drive to Asbury Road. 261 Pennsylvania Avenue, - both sid- es - from Bies -Drive to Lea Lane. Wnbricht Lane, - south side. from ASUlbry Road to St. Anne Drive. Mullen 'RO'ad, - both sid.. - from IDllcrest Road to Asbury Road. Chaney road, - west side - from Pennsylvania to St. Anne Drive. University Menue, - north side - from Prysi to Van Buren Streets. Prysi Street, - IJoth sides - from New Haven Street to University Avenue. Grandview Avenue, - .west side - from Delhi to Univer&ity Avenue. Cummins Street, - west side. from Lora" Blvd. to end of Street. Auburn Street, - east side - from N. Grandview Avenue to Dexter Street. Kaufmann Avenue, - IJoth sides - from N. Grandview Avenue to MaryvilIIe. N. GrandV'iew Avenue, - '\Vest side - from aariteDrive to Cerro Drive Avoca Street, from Rosedale to Green Streets. Atlantic Street, - west side - from N. Grandview Avenue to Dex- ter Street. N. Algona, - both sides - from N. Grandview Avenue to Derter Street. OIarke Drive, - north side -from Woodworth to Ungs Streets. Di.mond Street, . north side - from Jackson Street to Central Menue have been '_ved by the City Council 01 the City of Dubuque and 'Pu1IIic notice given as provid- ed by Chapter :as of the Code of Iowa, urm pertaining to public contracts and bonds, and 1i1e time and place fixed for Ule hearing of all objections to said plans, specüications or contract for or cost of such improvements, said time being this 14th day of May 1973, and WiHEmEAS, tile City Council met in special .djourned session this 14th day 01 May, 19'13, at 7:30 o'clock P.M. at the Council Cham- bers m the City HæI lor the pur- pose of hearing all interested par- ties and coooidering any and all objections which have been filed to the proposed plans, specifica- tions or contract for or east of the improvement herein deSC1'Íibed and proposed to be made; aDd ----------- - 262 Adjourned Regular Session, May 14,1973 WHEmEAS, aU interested parties have been given an opportunity to be heard and all objection's which bave been duly weighed and considered; now, therefore BE IT 'RESOLVED by the City Council of the City of Dubuque, that aH objections w!lich have been m,ade and filed !AI the plans, speci- fications, contract for or cost of said improvement herein describ- ed and prOlPOsed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approv- ed are hereby adopted. BE IT FURTHER. RESOLVED tltat this resolution cont8lÎning the decision, of this Council upon all objection-s which have been, filed to the plans, specifications and form cd' cost of said improvement be made. a matter of permanent re- cord in' conriection with s8lÎd im- provement. passed, adopted and approved this 14th day of May, 1973. Joseph J. Bitter Mayor Wa1ter A. Pregler ,Allan T. Thoms Wayoe A. Moldenhll1ler C. Robert Justmann Counci!.men. 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, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. ('Necessity for Improvement) RESOLUTION No. 1111-73 WHÐREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, If any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed !AI be as- sessed together with a valuation fixed by the council. ,- 'Z" 5. An estimate of ,the cost of the proposed improvement, mating the same for each diUerent type of construction and kind of mat- erial to be used. 6. In each case the amount there- of which is estima,ted !AI be assess- ed against each lot, for the 1973 Concrete SidewaJl< Project. Primrose Street, from DaVenport to Kane Streets. Burlington Street, from Primrose to 'Broadway. Keokuk Street, from Primrose to Glen_d. Saunders sii-eet, from Lemon to Timberline. Oakcrest Drive, from Greenwood to Maplewood. ' ' Mesa Drive, - east 'side - 'from Kane to Altura Streets. ' Boyer Streèl:s, from Linda Court to Andrew Court. ' Bl>:lboa Street, - west side - from Kane !AI' Cortez 'Streets. . ' Chaney Road, from Kauftnann to Kane Streets. Kane Street, - north side - from Hickory HilI Road !AI Chaney 'ROád. Kaufmann Avenue, from Theda to Evergreen Street. Gordon Drive, from Theda Drive to Kaufmann Avenue. Crissy Drive, - we8'\ side - from Theda Drive to Asbury Road. Pennsylvania' Avem¡e, - both sid- es - from Bies Drive to Lea Lane. Wilbricbt Lane, - south side ,- from Asbury Road to St. Anne Drive. MuHen Road, - both sides - from HilIcrest Road to Asbury Road. Chaney Road, - west side - from pennsy!1vama !AI St. Anne Drive. University Avenue, - north side - from Prysi to Van Buren Streets. Prysi Street, - :both sides - from New Haven Street to University Avenue. Grandview Avenue, - west ..ide , from Delhi to University Avenue. CumlDÎns Street, - west side - from Loras Blvd. !AI end of Street. Auburn Street, - east side - from N.Grandview Avenue to Dexter Street. Kaufmann Avenue, - both sides - from N. Grandview Avenue !AI Maryville. N. Grandview Avenue, - west side - from Clàrke Drive to Cerro AVoca Street, from Rosedale to Green Streets. ' Adjourned Regular Session, May 14, 1973 Atlantic Street; - west side - from N. Grandview Avenue to Dex- ter Street. ,N. Algona, - boti1 sides - from N. Grandview Avenue to Dexter Street. Clarke Drive, - north side - from Woodworth to Ungs Streets. Diamond Street, - north side - from Jackson Street to C e n tral Avenue. BE IT THEREFORE RESOLV- ED that the City Couneilon Its own motion or upon petition of property owners, deeJD) it advis- able and nece..ary fur the'pubIié welfare to make the herein mOll- 1ioDed 'improvement,'.and unless property owneroat the time of the finalcoJ>Sideration of this pro- posed resolution have on fiIle with the City CIerk ..Objections to the amount of the Proposed asse..- ments,' they .haHbe ,deemed to 1\a.ve waived all objectiODS thereto. Said improvements sbaH be con- structed and done in accordanèe with the plans 'and' Specifications which have been prepared there. fore by the City Engineer which have been 'approved by the City Council and are ,now on file ,with the City Clerll:. T1ìat the cost and expense of making said improve- I ment will be assessed upon and 'against aU privately owned pro- perty lying within assessable dis- tance provided by la,w and in an amount not to exceed the amount provided by law, property will be assessed, ,whether the same abuts thereon Or is adjacent thereto ac- cordIng to area' and in proportion to the special benefits couferred thereby, and any dei!iciency shall be 'paid out 01 the general fund, improvement funds, or partly ont ()f each of said funds Street Im- provement shan be issued and sold in anticipation of deferred pay- ments of assessments wbena con- tract has been performed and ac- cepted and the proceeds thereof used !AI pay the contractor. The ~allway portion 01 any street or assessment Illi;trict shan be ass- essed to and paid by the ratIway company. The above resolution was intro- duced, approved and ordered plac- ed on file wiu. the City Clerll: this 2nd day of April, t9'l3. 263 RECORD OF FINAL ADOPTION The foregoing resolution was fie naRy passed and adopted, as a- mended, by the City Council this 14th day of May 1973. Joseph J. Bitter Mayor Walter A Pregler AIIan T. Thoms Wayoe A. Moldenlianer C. Robert Justmann Councilmen Attest: .. Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution Seconded by Counefiman Molaênhåuer. Carried by the following vote: ' Yeas_aYOrBilter, Councilmen Justmann,' MoldeDháuer;' Pregler, Thoms. Nllys"-'None;' (Or.rfng Cf!IIs,tri.ction) ,RESOLUTION No. 165-13 BE IT RESOLVED BY THE CITY COUNCIL ,OF THE CITY O'F ,DUBUQUE that ,pursuant to a resolution of necessity No. 110-'13 wbich was duly passed by this Council, for the, 1973 Concrete Side- walk Projeet Primrose Street, from Davenport to Kane Streets. Burlington Street, from Primrose !AI Broadway; , Keokuk Street, from PrillU'OSe to Glenwood.' ' " Saunders StrOOt, from Lemon to Timberline. Oakcrest Drive, from Greenwood to Maplewood. Mesa Drive, -ea..t side - from Kane to Mtura Streets. ' Boyer Streets, from Linda Court to Andrew Court. Balboa Street. - west side - from Kane ,to Cortez Streets. Chaney Road, from Kaufmann to Kane Streets. Kane Street, - north side - from HIckory HIlI Road !AI Chaney Road. Kauftnann Avenue, from Theda !AI Evergreen Street. Gordon Drive; from Theda Drive to Kaufmann Avenue. Crissy Drive, - west side - from Theda Drive to Asbury Road. PellI>Sylvania Avenue, -both sid- es - from Bies Drive to Lea Lane. Wilbricht Lane, - south side - from Asbury Road !AI St. Anne Drive. ' . ""..,........ "'" May 1, 19'13 Honorable Mayor and Couneilmen The City Planning and Zoning Comtnission has reviewed the fiDal plat of Block 5 and Lot B of Sunset Park Sulldivision No.3 in the City of Dubuque, Iowa. The Commissinn has determined that this plat conforms to the ap- proved preliminary plat of tIH area and meets the requirements of the SUlJdivision Ordinance. It is the recommendation 01 the Com- mission that the plat be approved as SUbmitted. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Moldenhauer moved that the communication be r e- eeived and t!iIed. Seconded by Councilman Pregler. Carried by the foI<IowiDg vote: Adjourned Regular Session, May 14, 1973 265 Honoralble Mayor and Councilmen The City Planning and Zoning ComlDission has held a pulblic hear. ing on a, petition to reclassify pro- perty descril>ed as Block 5 and Lot B of Sunset Park Subdivision No.3 in the City of Dubuque, Iowa, from Single Family Resi- dence to Multiple Residence Dis- trict classification. An alfIdavit of publication of no. tice of publIc bearing was sub- mItted to the ComlDiss.iOD. There was no oral or written objection to the proposal. Honorable Mayor It Is the recommendation of the and City Council City Planning and Zoning Com- Re: W. 8th Street Retaining Wall mission that the pelitlon for re- Reconstruction, 1973 classification of the above descril>- In February 1S73 the City En- ed property be approved. gineer's Office prepared a detailed CITY PLANNING AND report and estimated cost 01 re- ZONING COMMISSION constructing the deteriorating re- Daniel Dittemore taining wall on W. 8th Streel Development PiaDner Since that time the street has been <:ouncilman Pregler moved that closed to vebieular traftic ~ause the communication be received and of the extr~me .hazard which "p- !ii1ed. Seconded by Councilman Mol- paren~ ensts m that area. denhauer. Carried by the following .Durmg the week of May 1, the vote: City Manager and members of the Yeas-Mayor Bitter Councilmen City Council reviewed the area and JuatJnann Moldenha~er Pregler, it was recommended that the pro- Thoms. ' , ject be formll'lly submitted to Conn- Nays-&ne. cil for their review. An Ordinance amending and It has been suggested that while changing Ordinance No. - known we are in the process of mating ... the Zoning Map and Zoning the necessary repairs to the road. Ordinance of the City of Dubuque way portion 01 thú¡ area, that we so as to change Block 5 and Lot áIso repair and reconatrud the B of Sunset Park Sub. No. 3 from I deteriorated steps in tlHs vicinity Single ,FalDilY Residence DistrIct as a, part of thi, s project. We are Cla88il.lieaflion to Multiple R e. i- mhnùtting the detailed plans 8I1d dence D1str1ct, Clasrsiilcation, pre. ! specifieationsOll the retaining waR sented - read. ! recons1Jruction. T1ìe aJ>roximate Yeas--Mayor Bitter, Councilmen Juslm8IUI, Moldenhauer, Pregler, Thoms. Nays-None. A resolution approviog plat of Lots HI Block No.5 in Sunset Park Sui>. No.3, presented and read. Councilman Moldenhauer moved that the resolution be tabled tmfIiI the date set for the pubUc hearing amending and changing tile Zoning Classification on the property. Seconded ,by Mayor Bit- ter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen I JlIobnann, Moldenhauer, Pregler, Thoms. Nays-None. May 1, 1973 264 Adjourned Regular Session, May 14, 1973 MulleD Boa(\, - both sides - from by """ ..:fter the work bas been lIiüereot Boad to Asbury Boad. CQIIDpleted aDd ac:eepted Chsney Boad, - west side - from BE IT FUR'J1HE)R RESOLVEID Pennsylvania to SL Anne Drive. that the City Clerk be and he University A'Venne, - north sIde is hereby ordered and directed to - from Prysi to Van Buren Streets. advertise for proposaJs for the con- Prysi Street, - both sides - from struc:tion of -the various improve- New H"ven Street ù> University ments herein provided for in the Avenue. manner provided by'law, the said Grandvi- Aven..., - west side Improvements shall be cotnp!eted - from DeIbi to University Avenue. on or before the 20th day 01 Octo- Cummins Street, - west side - ber, 1973. from Loras Blvd. to end of Street. BE IT FUIIII'HERRESOLVED Auburn Street, - east side - from that this resolution being deemed N. GrandVliew Avenue to DeJ<ter urgent and of immediateneeessity Street. sbll'll be in fORe and effect from Kaufmann Avenne, - ,both sides and after its passage and adopticm - from N. G......dview AYenue!AI by the City Council. Maryvi1Ie. . Passed, ado¡atedand approyecl N. Grandview Avenue, -....t this Mth day May 1973. ~ - from ClarkeDri'Ve !AI Cerro Joseph J.' Bitter ~~. .~ Avoca Street, from Rose<taie to Wiler A. ,Pregler Green Streets. . Allan T. 'l1Ioms Atlantic Stre<;t. - west SIde - Wayne A. Moidenhàner from N. Grandview A'Venne !AI Dex- <C. Robert JustInann lor Street. Councilmen N. AIgooa, - both sides - from Attest- ~andview Avenue ù> Dexter Leo 'F. Frommelt Clarke Drive, - north side - from City Clerk. Woodworth !AI Ungs Streets. . Councilman Pregler moved adop- Diamond Street - north side - tion 01., the resolution. Seconded from J'ackson S~ to C e n traoJ by Councilman Moldenhauer. Car- Avenue. ried by the following vote: be and the sa'me are hereby or- Yeu-Mayor JIUter, Counellmen dered and eonstructed by this JustmamJ, JIoIdenhauer, Pregler, CoIIDCÜ upon its own' motion and Thoms. with or without the petition 01 Nays--Noue. property owners. Ail the 1I'O1'k diaD be constructed in accordance with the planS and specifications here- tofore adopted and now on file in the office of the City Clerk. BE IT E'UM1IER MSOINED that the east and _e 01 the said improvements be paid for by levying special assessments a- gainst the privately owned proper- ty lying within the assessable dis- tance from the improve men t s, whether such property al>ut npon the same or are adjacent thereto, according to the area thereof and in proportion !AI the special benefiols conferred, and any deficiency will be paid out 01 the generaoJ, im- provement, 01' sewer funds 01 the city, or pat1l!y from each of such funds. Payment will be made !AI the contractor out of funds realized from the saIe of Ibonds to be Issued in antidpa1ion of deferred pay- meets of ........",en1ls as provided CoUlllCilman Pregler moved that the reading just bad be considered the first reading of the Ordinance. Seconded by Councitman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilinen Justmann, Moldenhauer, Pregler, Thoms. NaYs-None. Councilman Pregler moved that the rule reqniring an Ordinance to be read on three separate days be waived. Seconded by Counciil- man Thoms. Carried by the follow- ing vote : Yeas-Mayor Bitter, Counci1men Justmann, Moldenhauer, PregIu, T1ìoms. NaYa-None. Councilman Pregler moved tbat a public hearing be held on the Ordinance on June U, 1973, at 7:30 o'clock P.M. in the Council Chamber at the Oity Hall and that the City Clerk be instructed !AI publish notice of the hearing in the manner required by law. Se- conded by Councilman Thoms. Car- ried hy the foIIowing vote: Yeas-Msyor Bitter. Councilmen Justmann, Moldenhauer, PregJer, Thoms. Nays-None. May 11, 1973 266 Adjourned Regular Session, May 14, 1973 estimated cost, including engineer- ing for ,this work, is $36,000. The detailed plans and estimates for the stair reconstruction and repair are not entirely completed at this time. We would project that cost "t approximately $3,000-$4,000. We would respectfully request that the project, including the sta.irway recons1rnction, he approv- ed and a date for the Public Hear- ing set. John L. White, P.E. City Engineer M'ayor Bitter moved that the communication be received and fil- ed. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 166-73 Approval of preliminary Plans, specifications, form of contract, plat, and all other documents for the construction of West Eighth Street Retsining Wall Reconstruc- tion 1973, in an estimated amount of $36,00 presented and read. <:ouneiiman Pregler moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the foIIowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. (Ne..ssity for Improvamont) RESOLUTION NO. 167-73 WHEREAS, proposed plans, spe- cifications, and form O'f contract have been duly prepared and ap- proved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such Improve- ment (2) An estimate of the cost of the improvement for the We a t Eighth Street Retaining Wall Re- construction 1973 BE IT THEREFORE RESOLV- ED that the City <:ouncii on its own motion, deems it advisable and necessary for the publIc wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration O'f this proposed re- solution have on file with the City "'-' Clerk, objections !AI the amount of the cost O'f the improvement, they shall ,be deemed !AI h a v e waived all objections thereto. Said improvement slrall be con- structedand done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense O'f making said im- provement 'be paid from Revenue Sha~ing Funds The, above ~esoIu:tion was intru- duced, approved and ordered ¡>tac- ed on file with the City Clerk this 14th day of May, 1913. Approved ,and placed on file for final action. APPROVED: Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Atte.t: Leo F. Frommelt ,City Clerk Councilman Pregler moved ap- proval of the resolution. Seconded ,by Councilman Justmann. Carried by the following vote: Yeas-M,ayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. (Fixing Data of Haarlng) RESOLUTION NO. 168-73 WHE,REAS, the City Council of the City 01 Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contrac.t and placed same on file in the office of the City Clerk for public inspection for the West Eighth Street Re- taining W"D Reconstruction 1973. BE IT THEREFORE RESOLV- ED that on the 18th day of June, 1913, a public hearing will be held at 7:30 P.M. in the Councii Cham- ber of the City of Ðuibuqueat which time the oIbjeclAlrs for the proposed improvement may appear and make objection to the proposed , plans and specifications and pro- posed form O'f contract, to the cost of the improvement and the City Clerk -be and he is hereby di- rected to cause a' notice of the time and place of such hearing Adjourned Regular Session, May 14, 1973 to lie p.mlisbed in some newspa- efíect from and 8!fter its passage per pUblished in the City of Du- and adoption by the City Councj¡J. buque which shall œ not less than Passed, adopted and approved ten (10) days prior to the day this 14th day of May, 1973. lixed for its collliderallion, and said Joseph J. Bitter Clerk is Wrther instructed to ad- Mayor vertise for proposals for the con- Walter A. Pregler IIIruction O'f thealorementioned im. Allan T. Thoms provement. Wayne A. Moldenhauer Passed, ad<Jpted -and approved C. Rob~rt Justmann this 14th day ofM'ay, 1973. CounciiJnen Joseph J. Bitter AtteLeost: F F -- Mayor . . rom~ Waiter A. Pregiler CIty. Clerk man T Thoms Councilman Pregler moved ado¡>- Wayne À. Moldenhauer tion of ~ resolution. Secon<!ed C. Robert Justmann by CounciIm,,!, Justmann. Carned CooI1cilmen by the followmg vote: Attest. Yeas-Mayor Bitter, Councilinen Leo' F. Frommeit Justmann, Moldenhauer, Pregler, City Clerk Thoms. <:ouncilman' Pregler moved adop- Nays-None. lion of the resolution. Seconded by Councilman Justmarm. Carried by the follewing vote: Yeas-Mayor Bitter, Councilmen Juatmarm, Moldenhauer, Pregler, Thoms. Nays-None. (Ordering Construction) RESOLUTION NO. 169-73 BE J11' RESOLVED BY THE CI- TY COUNCJiL OF THE CITY OF DUBUQUE that P1B'suant to a Re- lolution of Necessity No. 167-73 which was duly passed by this Cowrcii for the West Eighth Street Retaining WUl Reconstruction 1973 be and the same are herelby or- dered ud constructed by t his Conll'CiI upon its own motion and with or without the pctition of pro- I perty owners. AU the work shall be constructed in accordance with the plans and specifications here- tofore adopted and naw on file in the office of the City Clerk. BE IT FURTHìER RESOLVE[) that the cost and e:sJpense of the said improvement be paid &-om the Revenue Sharing Funds. BE IF F'URTHìER RESOLVED tbat the City Clerk -be and be is herSby ordered and directed to advertise for proposals for the con- slrnction of the various improve- ments berein provided for in the manner provided by law. BE IT F'u,R'l1Œ>R RESOLVED that this resolution being deemed urgent ad 01 IMM:EDlAIJ'E NE- CESSVI'Y shall -be in force and 2ff7 May ]Jl, 1m Honorable Mayor and Councihnen At your meeting of Deeember 4, 1972, the tl'u9tees of the E.B. Lyons Estate presented a propo.al to aeqme the 39 acre Reed pr0- perty, south O'f the City, fur use as a public park aflC! COIl6ervalion area. Your Resolution No. 384J12 accepted the purchase 0 p t ion ag!'eement on behalf of the City of Dubuque. The City and the trustees had agreed that the resources of the Lyons Estate could be extended if applied as a local-share contri- bution in federal grant assi.tance programs. Ao application for fede- ral assistance for the Reed proper- ty acquisition has been prepared. We are requesting your authoriza- tion !AI submit this application, and have attached two Resolutions for this purpose. We request approval of these ResoWöons. Daniel Dittemore Development Planner <:Ounciiman Pregler moved that the communication be received 'and filed. Seconded by Councilman Mol- denhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Tboms. Nays-None. RESOLUTION ND. 170-13 R_lution authorizing the Mayor and City Clerk... ex- tho re- quired documenls in --Hon 268 Adjourned Regular Session, May 14, 1973 with on application for fe d e r a I WHEREAS, THE CITY COUN- grant under the land and water CIL OF THE CITY OF DUBU. conservotlon fund program. QUE, IOWA is interested in ac- WHEREAS, the City Council of quiring, lands or developing out- the City of Dubuque, Iowa has door recreational facilities on the accepted an option agreement to following described project fortbe purchase property knOWIl as the enjoymeDit 01 the citizem-yof THE Reed property in Section 6 of Du- CITY OF DUBUQUE ..nd the State buque Township, Dubuque County, of Iowa: Iowa; and Project Title, LYONS PAR K WHEREAS, said purchase i s PROJECT ,4'11 sponsored by the trustees of the Total Estimated Cost, $28,000 E.B. Lyons Estate Brief Description of Project: Ac- WHEREAS, the City Council of quisition of 34 acres of UDdeveioped the City of Dubuque, Iowa', finds land located % mile, South of the ànd determines that the City should present Dubuque City" 1i1DÍ1s, in apply for a federal acquioåtion Dubuque, ,County, Iowa.. Property grant in connection with the pur- is located in a' rapid\y, urbanizing chase of '1he above described, IA> area. Acquisition is to a..ure 10, suþpOrt' and extend the resources ture open-space, in ,thil portiO'! -of of the E. B. Lyons Estate; the Dubuque metropolitan. area. NOW THE!bE'FORE BE IT !bE- ,AND, Land and Water Conser- SOLVED BY'THE CITY COUNCIL valion FundfinanciaI,.asslstallCC O,F THE CITY OF' ÐUBUQUE, isreqÍl,iri"t {or the ""quisition Qr IOWA:. development of, said, outdoor: reo: 1. That the City 011 Dubuque, creational' facilities I~a mould fo~th màke appli- NOW THiEREFOÌtE, 'be it ,re- cation, for acqulSllA>n grant un~er solved by the CITY COUNCIL OF the Land and ,Water c,onservation THE CITY OF DUBUQUE, IOWA Fund for federal assl~nce for that the project described above the purchase above deSCll'lbed. be anthorized 2. That the M'ayor and City Clerk, . ' be and they are hereby authorized ,~, be 11 further resolved that and directed IA> execute the re- sll1d CITY COUNCIL OF mE CI- quired documents in connection TV .OF. DUBUQUE, . IOW.-\. make with the application for such ac- application to the State Conserva- quisition grant. ::te~o~:;:'o~: =l;::n:fa~ ~assed, adopted and approved assistance from the B\ll'O<Iu of OUt. thlS 14th day of May, 1973. door Recreation in the amount of Joseph J. Bitter 50% of the actual cost 011 the pro- Mayor ject in beba!l of said CITY OF C. Robert Justmann DUBUQUE, IOWA. Wayne A. Moldenhauer AND be it further resalved by Walter A. Pregler the cri-Y COUNCIL OF THE, CI- Allan T; Thoms TV OF DUBUQUE, IOWA that it Councilmen certifies to the faUowing: 1. That it will accept the terms and conditions set forth, in the BOR Grants-in-<Aid Manual and which will be a part of the Pro- ject Agreement for any grant awarded under the attached pro- posal. 2. That it is in complete accord with the attached proposal alid that it will carry out the acquisition and-<>r development in the manner described in the propossl and any plans and specificatIons attached therelA> un:less prior approvai for any change has been r e c e i ved from the State Conservation Com- mission. Attest: Leo F. F1rommelt City Clerk Councilman Pregler moved adop- tion of the resa!.ution. Seconded by, Councilman Maldenhauer. Car- ried by the foIlawing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays~None. County Dubuque RESOLUTION NO. 171-73 RS80lution on ocqulsltion or do- valopmant for outdoor recreation under the land and water censor- sarvation fund program Adjourned Regular Session, May 14, 1973 269 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said CITY OF DUBUQUE, IOWA for public outdoor recreation use. 4. That no financial a.sistance has been given or promised under any other Federal program or ac- tivity with regard to the proposed project. 5. That it wilI not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pur- suant IA> this proposal, and shall comply with the term. and inteot of Title VI of the Civil Rights Act of 1964, .PL. 88-300 (1964) and of the regulations promulgated pursuant IA> such Act by the Sec- retary of the Ioterior and con- tained in 43 CF1R 111. 6. That it wiI! maintain finan- cial records on the proposed pro- ject to substantiate c1...ims fur cost sharing. This Is to certify that the fore- going is a true and correci copy of a resolution duly and legally ado,pted by the CITY COUNCIL OF THE CITY OF ÐUBUQUE, I IOWA at a legal meeting held 011 this 14th day 011 May, 1973. Joseph J. Bitter Mayor Leo F. Frommelt City OIerk Councilman Preg'ler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas-Mayor Bitter, Councilmen .1ustmaun, Moldenhauer, Pregler, Thoms. NaY8-'None. A resolution was presented grant- ing perlDÍt for Class B Beer per- mit to Phillip T. Langas, upon compliance with the .terms of City Ordinances. Councilmall Pregler moved that the resodution be set aside until the time set for the I, puNi~ hearing. Seconded by Coun. cilman Thoms. Carried by the fol- lowing vote: Yeas~Mayor Bitter, Couneilmen Justmann,Moldenhauer, Pregler, Thoms. Nays-None. CouncilJnan JustJnann moved that a referendum on the bus is- sue be held on June 26, 1973. Se- conded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Mr. Shag of De Leuw Cather submitted a proposal relative to the bus situation, covering such item~ as to deterlDÍne characte- ristics of ridership, evaluate routes on a IDÍle to mile basis, examine modification programs, convention. al services, innovative systems. Councilman Pregler moved that DeLeuw Cather and the City Ma- nager draw up a contract pro- posal for presentation at the Coun- cil meeting scheduled for 4:30 P.M. on Friday the 18th. Seconded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Counci1Jnen Justmaun, Moldenhaner, Pregler, Thoms. Nays-None. There being no further bu~iness upon motion Mayor Bitter moved to adjourn. Seconded by Council- man P,reg'ler. C...ried ,by the fol- lowing vote: Yeas~Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Leo F. Frommelt City Clerk Approved 1973 Adopted .................................... 1973 ............................................................ Councilmen ............................................................ Attest: City Clerk. 270 Special Session, May 18, 1973 'I III III ¡Ii ,II II, Iii, i' IIII I' CITY COUNCIL OFFICIAL S_lal Session. May 18, 1973. Council met at 4:30 P.M. (C.D.T) Prasent_ayor Bill8r. Council- men Justmann. Moldenhauer. Pra- liar. Thoms. City Managar Gil- bert D. Chavenalle. Mayor Bitter read the call and stated that service thereof had been duly made and this meeting is called for the purpose of adop- ting a resolution ceiling a s_lal elactlon in tha City of Dubuque. Iowa. on tha pr_sitlon of as. tabllshing and acquiring a Munici- pal Trensit System and acling upon such other 'business as may pro- perly come befme a regular meet- ing of the Council. RESOLUTION No. 172-73 RESOLUTION caHiing a special election in the City of Dubuque, Iowa, on the proposition of estab- I lishing and acquiring a municipal transit system. WImREAS it is deemed neces- sary and advisable that the City of DUbuque, Iowa, establish, ac- quire, maintain and operate a mu. nidpa1 transit system by purchas- ing for One Dollar the existing privately owned transit system now operating in said City; and WHEREAS said City ha& a pop- Ulation of more than twelve thou- sand and under the provisions of Chapter 3116B of the Code of Iowa, 1973, it is authorized to establish and acquire by purchase, construc- tion, gift or condemnation and to equip, enlarge, extend, improve, maintain and operate a transit sy- stem, but the proposition of acquir- ing such system by anyone or more of the foregoing means must first be sublDitted to and approved by the voters of said City; NOW, THEREFORE, Be It Re. solved by the City <:ouncil of the City of Dubuque, Iowa, as follows: Section 1. That a special. city election is hereby called and order- ed !AI be held in and for said City of Duobuque, Iowa, on the 26th day of June, 1970, at which there shall be submitted to the voters of said City the proposition of estaIJlishing, acquiring, main- taining and operating a municipa~ transit system by purebuing for One DoIIar the uisting privately owned transit systel11 now opera. ting in said clity. Saction 2. For said eJection the City shall be divided into twenty five election precincts, the boun- daries of which shall be eo de- limited by Ordinance No. 211-72 of said City. The polIs shan be kept open from seven o'clock in the morning until eight o'cJock in the evening, and the polling places wi- thin the respective election pre. cincts shan be as follows: First, Marshall. SclIooi, l' 5 0 Rhomberg Avenue. Second, DUbur¡ue CoUllty Court- hoU<le 720 Central Avenue. Third, Sacred Heart School, 22l1 Queen Street. Fourth, Christensen's G r e e n. house, 2Iì35 Willdsor Avenue. Fifth, Holy Ghost School, 29Ol Cents'al Avenue. Sixth, Fulton School, 2540 Central Avenue. Seventh, Audubon School, 5 3 5 Lincoln Avenue. Eighth, Fire Station, ~st Eigh- teenth Street and Central Avenue. N'mth, Amalgamated Meat Cnt- ters Union iBuiIding :un Bluff Tenth, Mercy Hospital Nurs e s Home, 25:! Peabody Street. E)leventh, Bryant School U!8O Rush street. 'l'weIfth, YMCA, Dodge S t r e e t and Boøtb Street. Thirteenth, WasbinglAln Junior High School, 51 North Grandview Avenue. Fourteenth, Fire Station No.4, Uuiversity Avenue and Atlan t i c Street. Fifteenth, Lincoln School, l[Ql West Fifth Street. Sixteenth, Jackson School, 7 [ 5 West Locust Street. Seventeenth, Dulmqne S e n lor High School, !BOO Clarke Drive. Eighteenth, Irving School, 2500 Pennsylvania Avenue. N'meteentb, Kennedy School, 2135 Woodland Drive. 'l'wentieth, Hempstead Hi g h School, 37il5 pennsylvania Avenue. Twenty-first, Eisenhower School, 3170 Spring VaHey Road. 'l'wenty-second, Wablert H i g h School, 2OOIi Kane Street. Twenty-third Wablert ill i g h School, 2005 Kane Street. Special Session, May 18, 1973 271 TweDty-lourÖ1, No. 5 E n gin e system ,by purchasing for One Dœ. Bouse, l1li8 South Grandview A"a- lar the eXisting privately owned nue. transit system now operating in 'hrenty-fifth, St. Elias, The Pro- sa!cl City? YES NO phet <Reek Orthodox Church, 1075 For said election the City will Rockdale Road. be divided into twenty4ive election Sadlon 3. That the Mayor and precints, the boundaries of which City Clerk, in cooperation with the shall be as delimited by Ordinance County ComDÚssioner of Elections, No. 28-72 of said City. The polls are herelby authorized and directed will be kept open from seven 0' to issue a proclamation and notice clock, in the morning until eight of the calling of said election on o'clock ill ,the evening,and the said proposition and of the time poIüng places within the respec- and places thereof, by pwblica,tion tive precincts will be as follows: of such notice ill the "Telegraph- Voting Precincts Polling Plac.. Herald", a newspaper published First, MoarshaU School 1 450 in said City of Dubuque, Iowa, Rhomberg Avenue. and of general circula,tion therein. Second, Dubuque County Court- Such notice shaD be published in house, 720 C...tral Avenue. said newspaper once each week Third, Sacred Heart School, 2211 for at least foil!' consecutive weeks Queen Street. and the last of snch publications Fourth, Christensen'. G r e e n- shall be not less Ihan five nor house, 2635 Windsor Avenue. more than twenty days before the Fifth, Holy Ghost School, 29Ol date fixed for said election. Such Central Avenue. notice shall be in substantially the Sixth, Fulton School, 2646 Con- foIIlowing form: tral Avenue. MAYOR'S PROCLAMATION Seventh, Audwbon School, 535 NOTIiCE OF SPECIAL ELECTION Lincoln Avenue. DUBUQUE IOWA Eighth, Fire Station, West Elgh- . . . teenth Street and Central Avenue. PUiBUC NO~E. lS her"!>y gJV- Ninth, Amalgamated Meat Cut- en that a spec,u'¡ Clty election has ters Union BuiJding 11111 B I u f f been called and ordered to be held Street in the City of Dubuque, Iowa, on TenÌh Mercy Hospital Nurses the 26th day of June, 19'I3, from Home 2sz Peabody Street seven o'clo<:k A.,M. to eight o'Clo"!< Ele~enth, B.-yant School: 128 0 P.M., at which !;here will besubrm- Rush Street. tIed to the qnalified voters of sald Twelfth YMOA Dodge S t r e e t City, to b~. by them vo.te~ upon, and Booth Street. the proposlt!on of establishing ac- Thirteenth Washington Junior quiring, maintaining and operating High School: 51 North Grandview' a municipal traJDsft system by pur- Avenue chasing for One Dollar the existing Fo~uth Fire Station No 4 privately ~ed tra~t s y. t e m University Åvenne and A t I";""; now operating ill slUd City. Street. At said election voting machines Fifteenth, UncoIn School, 1101 win be used and ballots prepared West Fifth Street. therefor wiD have the proposition Sixteenth Jackson School 715 printed thereon ill substantially the West ~t Street. ' following form: Seventeenth, Dubuque S e n lor (Notice to Voters: For an ai- IUgh School, 1800 Clarke Drive. firmative vote on any ques t Ion Eighteenth, Irving School, 2520 submitted upon this ballot pull Pennsylvania Avenne. down the lever above the word: N'meteenth, Kennedy Sehool, 2135 "Yes". For a negative vote, pull WoodlaJDd Drive. clown tile lever above the word, Twentieth, Hempstead Hi g h "No." School, 37il5 Pennsylvania Avenue. SHÆLL THIE FOILOWING PUB- Twenty-lirst, Eioenhower School, LIC MEASURE BE MIOPTEJ)? 3170 Spring Valley Road. Shall the CIty 01 Ðllbuquc, in' Twenty-second, Wahlert H J g h the County of DUbuque, State of School, 2005 Kane Street. Iowa, estabJå.oh, acquire, maintain i Twenty-third, Wahlert H J g h and operate a municipal transit Sehool, 2005 Kane Street. 272 Twenty.fourth, No.5 En gin e House 669 South Grandview Ave- nue. Twenty-fifth, St. Elias The Pr0- phet Greek Orthodox Church, 1075 Roekdale Road. All quaJi¡fjed electors of said City are hereby notified to appear at said election, each to vote at the pulling place for the election pre- cinct in which such voter resides, or as perIIlÍtted by statute. This Notice is given by order of the City 'Council of the City of Dubuque, 1000a, pursuant !AI Sec- tion 386B.5 of the Code of Iowa, 1973, as amended. Dated at Dubuque, lawa, this 18th day of May, 1973. Joseph J. Bitter Mayor of the City of Dubuque, Iowa Hàrold P. Meloy County Commissioner of Elections Attest: Leo F. Frommelt City Clerk Section 4. That the City Clerk be and he is hereby authorized aJDd instructed to cause ballots for voting on said proposition to be prepared in substantially the fO'1'm provided in Section 3 hereof in such såze as will pennit the same to be inserted in the proper place in each voting machine. Voters shall be instructed as to the use of such voting machines as by law provided. Section 5. That the City Clerk shall have ballots for absent vot- ers prepared ro be used for voting on the doresaid propositioo on yel- low corored paper in substantiany the following form, and with the facsiIIlÍle signatures of the City Clerk and the County Col1lll1Íssion- er of Elections in the spaces pro- vided therefor on the back of the ballots: (NOtice to Voters: For an af- firmative vote upon the question subIIlÍtted upon this ballot make a cross (x) mark or cheek (V) in the square after the word "Yes". FO'1' a negative vote make a simi. lar mark in the square following the word '\No".) SHALL THE FOLLOWING PUB- LIC MIMSURE BE ADOPTED7 Shall the City of Dubuque, in the County 01 Dubuque, State of Special Session, May 18, 1973 lawa, estsblish, acquire, maintain and operate a municipal transit system by purchasing for 0 n e Dollar the existing privately owned transit system now operating in said City? (Bock of Ballot) OFFIiCIAL ABSENT VOTERSBA- LLOT FOR MUNliCIPAL TRAN- SIT PROPOSlTlON - SPECIAL ELECTION, DUBUQUE, IOWA VOting Precimts 1973 <'FalCSi.mile Signature) ........ City Clerk .... «Faicsimile Signature) .......... County ComIIlÍsSÎoner of Elections Sactlon 6. That for said election the Judges and Clem of election in the respective precincts shall be as 1011o\W: Pracinct Judges ClarkI lat, Mrs. Nancy Pregler, D, Chr., Judge 2966 ShU'as Ave. Mrs. Jua- nita Baker, D, Judge, 2966 Shiras Ave. Mrs. Mary Fransen, D, Clerk, 11702 Rhomberg. Mrs. Carol Ham- mon, R. Judge, 2l2O Delidia. Mrs. Felix Uelner, R, Clerk, 2lO5 Or- chard Dr. 2nd, Mary Clemens, D, Judge, 1110'h Iowa. Veronica Lang, D, Clerk, 1389 Elm. Mrs. Jane Fuhr- man, R, Chr., Judge, 5ßO Wilbur Lane. Mrs. Ann Hubbard, R, Judge 970 Grove Terrace. Mrs. Margaret Osborn, R, Clerk, 1080 Grove Terr- ace. 3rd, Loretta McAndrews, D, Chr., Judge, 704 Lincoln Avenue. Ethyl Lassance, D, Judge, 2l24 Windsor Avenue. Hilda Blaser, D, Clerk, ~o Queen Street. Mrs. He I e n Pape, R, Judge, 917 Rhomberg, Mrs. Phyllis Goodman, R, Clerk, 704 Providence. 4th, Mrs. Elaine Owens, D, CItr., Judge, 2190 Roosevelt. Etma Howe, D, Judge, 2612 Windsor. Marie Wei- ler, D, Clerk, 805 Harlan. Miss Lucille Hacker, R, Judge, 1710 Prescott. Mrs. Betsy Hàuowirth, R, Clerk, 27a5 Burden. 5th,Mrs.DœmaStaclM,D,Chr., Judge, 190 Saunders. Helen Mc- Laughlin, D, Judge, 2870 Washing- ton. Frecta Foell, D, Clerk, 28l5 Jackson. Mrs. Lorraine Quade, R, Special Session, May 18, 1973 Jndge, - White. Mrs. Esther I versity. Lola Erhart, D, Clerk, 2250 Thome, R, Clerk, 2?39 Elm. Pearl. Mrs. ArIene Newneister, R, GIII,Pearl Ssrtor, D, Judge, æa7 Judge, 1825 Decorah. Mrs. Grace White, Mrs. Viola Meyers, D, Clerk, Stevens, R, Clerk, 1M5 Auburn. 2Ii21 Jaekson. Mrs. Vernon Bottge, lóth, Mrs. Jan, Jacobson, D, R, Chr., Jud¡¡e 2C2l, Di,vision. Mrs. Judge, &'11, Alta, Vista',',Mrs,' Betty Ruth Anderson, R, Judge, 25 0 9 Vogel, D, OIerk, 1J.85 Center PI. Broadway. Mrs. Florence Magson, ' Mrs. Herman Dettman, R, Chr., R, Clerk, 25OL'h Broadway. Judge, 1340 Mta Vista. Mrs. So- 1th, Mrs. Geneva Knapp, D, phia Calhoun, R, Judge, 1395 Alta Judge, 1623 WasJrlngton, Mr. Art Vista, Mrs. Velma Butter., R, Millius, D, OIerk, 2020 Kniest, Vir- Clerk, 6f11 Ali>iDe. ginia Beattiè, R, Chr., Jud¡¡e, 1710 lIIth, Mrs. Janet JODés, , D, White street. Mary Robertson, R, Jndge, 19$1 Mta Vista.' Mr. ,Ralph Judge, 1710 WJdte'.' NIles Harper, Schsrnau, D, Clerk, 1810 No. Grand ~.Cler[, )45 Weill 17th. view. Mrs'HårrietKolcJr, R,Cbr.; ,"8t'Ii; ~s. Kay trrusè"D, Jndge, Judge, 97e'Kirkwood; Mrs. Mae t'@ ,C~ntral.. ,Mrs. Alice Skinner, Conzett, R,' Judge, 7??: Angela: Mr. b, Clerk, 330 Lowell. MrS. Linda Richard Kolek, R, Clèrk, 975 Kirk- Gramorn" 'R,' Cbr.,',Judge, 120 wood. DIÏfnìå¡m. 'JIN, Betty Wòhlers, R, t7th, Mrs. Janet Arend,' D, Judge 1_:- ; 452'~ 'Mrs. HíJ.da 11170 Chaney Rd, Mrs, ,Anna 0J¡1- Kempter, R, Clerk, 2125 Kleine man, D, Clerk, 1800 Auburn... Mrs. St. Dorothy McEvoy, R, Cbr., Jud¡¡e; ,11th, "Mrs., ,Robert Defendi, D, 1865, FIorniew. Mrs. I.orraine Wil. Cbi-;. 'Judge, ,,576 Arlington. Mrs. Iiams" R, Judge, 21120 Green. Mrs. J. J.:O'Brien, D, Ju!fge, ø Clark. ~Iene Pautscb, R, Clerk, 18 2 Q Mrs. Cårœe 1'1'egler, D, Clerk, 1505 Glendale Ct. . P'liil'Viiiw; "Mrs.' ,Betty Kreig,' 'R, 111th, Mrs. Wayne Pins, D, judge, Judge, 1433 Montrose TeN. Miss 2874 Iodlana.Mrs. Ma..~aret Cas- Gene\>ieve 'MUler, R, Clerk, 1243 ey, D, Clerk, 2822 Pennsylvania. LocusL 'Mrs. Elizabeth navin, R, Cbr., 10th, Vi Rettenmeier, D, Jud¡¡e, jttd¡¡e, 1854 Churchill. Mrs. Wil; 175,CardiŒ. Lucille Hentelman, D, ma Sanders, R, Judge, 1816 Chur- Clerk" '5M 'West 7th. Mrs. Edna chill. Mrs. Harriet S!Alrek, R; Clerk Wunderl,ich, . R, Cbr., Jud¡¡e, 608 1762 ChurchIll, , ' . FenelOIl. Mrs. Betty' Browne, R, 19th, Mrs. 'Delbert IIemy, D', Jud¡¡e, 604 Fenelon. Mrs. R 0 s e Judge, 3590 ~ymout. Mrs. J,¡ A. Beddow, R,. Clerk, 565 Fenelon. Scannel, D, Clerk, 35?ß Keymont. :Ltlih, Mrs. Sue Gregory, D; Chr., Mrs. Verna Butt, R, Cbr., Judge, Judge, 1055 Oak Street. Mrs. Doris 2160 Woodland. Miss, Adele Siem- Hin8IIIen, D, lud¡¡e, 1292 Curtis. ers, R, Judge, 2160 Woodland. Mrs. Elizabeth Miller, D, Clerk, 252 Marvip Seim, R, Clerk, 2160 Wood- Union, Mrs. Louise Raloth, R, land. Judge, 964 Mt. Loreta. Mrs. Vivian 20th, Mrs; Donna Smith, D"Cbr., White, R,Clerk, '263 Valley. Judge, 1&7 Key Way. Mrs. Jean.' 12th. Mrs. EJIgene Mesch, D, ette Lynch, D, Judge, 2282 Paisley. Cbr., Judge, 733 West 8th. Mrs. Chere Smith, D, Clerk, 2150 St. Phil Bahl, D, Judge, 766 West 11th, Cecilia. Mrs. Judith Almquist, R, Mrs; Elmer Miller, D, Clerk, 1497 Judge, 2174 Suzanne. Mrs. Te d Curtis. Mrs. Louise Blum, R, Judge Schneiderwind, R, Clerk 2l97 Key. 580'h Wilson. Mrs. Cleadyth Forty, way. R;,amk, 461 Winona'. 2l<It, Mrs. Vicki Avenarins, D, 13th,Mrs. Karen Scbrup, D, Jud¡¡e, 32l5 Theda, Mrs. Linda FÏe- Jud¡¡e, 2360 Castes. Mrs. Ed Gart- gen, D; Clerk, 344a Waller, Mrs. ner, D, Clerk, 2084 Simpsoo. Mrs. Warren Rundle, It, Cbr., Judge, Louise Riedel, R, Chr., Judge, 45ó 3045 Kaufmann, Mrs. Geraldine 1IIoore Heights; Mrs. Helen Leo- Johnson, R, Jndge, 3O8l Kane, Mrs. poId, R, Jud¡¡e, 2185 Marion. Mrs. Jean Boetel, R,' Clerk, 2666 Mary- Kay Borsheim, R, Clerk, 75 Cam- wood. bridge Ct. 22nd;Mrs.' Joann Rèyoolds, 'D, . 141th, M.... Dorothy Blum, D. Chr. Jud¡¡e, 1720 Sarah, Mrs. Tom Gra- Jud¡¡e, 1456 O'Hagen. 111.... Mar- ham, D, Clerk, 1710 Sarab, Mrs. cilIe Pauly, D, Judge, 1610 Uni- Bonnie Smith, R, Chr., Judge, 315S 273 274 Special Session, May 18, 1973 Wat 3and, Mrs. Jeanne Beegb- ley, R, In<lge, 1880 ScIIilt. Ct., Mrs. Alyce Scheel, R, Qerk, 1AI11 Kane St. 2iIrd,Hrs. KarenDòlJDD, D, Cb4'., Jud~. 610 Greenfield, Mrs. Ei!.een Noel, D, Judge, œ3 Kane, Mrs. EUlel Vogt, D, Cleli<, 615 Kauf- mann, Mrs. Sharon Winner. R, Judge, 970 Kane. Mrs. IIeta Krie- ger, R, Clerk, 965 Boyer. a.lth Mrs. Joam1 MciCauley, D, Cbr., Judee, &18 So. Grandview, Mrs. Ra!pb IÞadm, D, Juclle, 1J'14 Ade1ine, Mrs. Ted St8(Jiel!on, ;0, Cled<, 8511 So. Gl:aDdview, Mrs. ÐI81e Gill, R, Juclle, 40 Fremoøt, Mrs- Mary BelIr, R, Clerk, 856 Robin. 2:Ith, Sister Rite 1"imegan, D, Judge, Mto Carmel, Sister M. Fran- ,,"s Shafer, D, Clerk, Mt. Carmet, I Mrs. Annette ReUne<', R, Chr., Jndge, 133Ø Tomab..wI<, Mrs. Shir- ' ley Briggs, R, Judge, 11163 Toma- hawk, Mrs. Inga Schilling, R, Cleli< 1780 So. Grandview. Absentee, Mrs. Mary Jane Nebel, D, Cbr., Judge, 1I6'h Alta Viola, MN. Rose Gulick, D, Judge, 2885 Wubingl>On, Mrs. Laura Barry, D, Clerk, &74 Weot 7th Miss Eliza- beth Honker, It, Jud~, 1232 ßhom- berg, Mrs. Opal Stroluneyer, R, Clerk, &75 ElI1iah Lane. The foregoing are proper per- ..... so to act in accordance with Sectk>ns 4II.l~ et se<¡. of Chapter 49, Code /Jf Iowa. Saction 7. TIIat upon the closing of the po!ls for said special elec- tion the Judgeo and Clerks there- for shaU file reports of the re- sults on said proposition with the County Commissioner oi Elections and the City Clerk in order that such results may be canvaosed and offici1¡Uy declared. 5octlon 8. That this City Council sIIan meet on the next (secu!.ar) day following the day of said elec- tion at the Council Clrambers in the CIty Hall within said City at 4:80 o'c!ocl< P.M., to canvass and declare the resuJ&s of .ald elec- tion. Section t. 'D1at aU resolllticms or psrts of resolutions in conflict hereWith be and the same are hereby repea\ed. Section IL That tbi. resolnöon be in foue and e1ifect Immediately upon its passage 8Jld approval. Passed and aiPProved May 18, 19'13. Joseph J. Bitter May... Attest: Leo F. Frommelt City CledI: Recorded May 18, 1m. Leo F. Frommelt City aert Councilman Pregier moved adop- tion of the resolvtion. Seconded by Councilman Justrnann. Carried by the f,olJDwing vote: Yeas-Mayor Bitter, Councilmen Justmann. Moldenhauer, Preg)er, Thoms. Nays-None. May 17, 1973 To the Honorabie Mayor and Members of the City <:Ouncil Attached is a copy of the De Leuw, Cather and Company leþ dated March 29th which is re- ferred to in their letter and pro- posat of May 15th. A ropy 01 the May 1Iith pro. posal ha. been delivered to you. Gi1bert D. Chavenelle C'Jiy Managu -Councilman JustmllllÐ moved that the communlca4ion be r«e1v- ed and filed. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justrnann, Moldenhauer, Pregrer, Thoms- Nays-None. <:ouncftman J_ann moved that selection of a eomultant on the study r4 a Transit System be postponed untiI after JODt! 1!I8th re- ferendum. SeeoDded by Council- man Moldenhauer. Carried by the fo!kJrwing vote: Yeas-Mayor Bitter, Councilmen Justrnann, Moldenhauer. Nays - ColDlcilmen Preg.C!', Thoma. There being no further business Councilman Pregler moved to ad- journ. Seconded by May... Bitter. Carried by the f,olIowing vote: Special Session, May 18, 1973 Y.a.....rdayor BifJtu, Connci!men ~, Mokleahaller, Preg1e.-, 'l1Iø1Di- l'IaYt>-lf08. Leo F. Frommelt City Cluk 275 Approved """"""""""""""""" 1973 Adopte4 """""""""""""""""" 1973 ...oo....................................................... ...................................oo....oooo........oo..... .............oo........................oooo.........oo...... ........................................................... """""""""""""""""""'c.;;-;;;;;¡¡¡;;;;~ Atteat: """""""""ëïtŸ"ëïë;¡""""""""""" 276 Special Session, May 21, 1973 CITY COUNCIL OFFICIAL Special sassion. May 21. 1973. Council met at 7:30 P.M. (C.D. T.) prasant-Mayor Bllt8r. Council- man Justmann, Moldonhauer. Preglar. Thoms. City Manogar Gil- bert D. Chavenalle. Mayor Bitter read the call and stated that service thereof had been dnly made and this meeting is called for the purpose of ac- cepting 1972 Traffic Signal Projact and acting upon snob other busi- ness as may properly come be- fore a regular meeting of the Coun- cil. Communication of Mrs. Lena O'Hearn relative to an issue made of the fact that so few citi..no attended the Council meeting on the bus issue, the main reason being no transportation, presented and read. Councilman Moldenhauer moved that the communication be recieved and filed. Seconded by Councilman Justmann. Carried by the following voœ: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, P'regler, Thoms. Nays~None. Communication of Mrs. George Rcis requesting that the bus ser- vice be kept going, presented and read. Councilman Moldenhauer moved that the communication be received and filed. Seconded by Couneiiman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Communication of Boy Scouts of America expressing appreciation for the use of a city truck pro- vided for hauling litter for the "Keep America Beautiful Day" program, presented and read. Councilman Moldenhauer m 0 v e d that the communication be receiv- ed and filed. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Ycas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Dubuque Human Rights <:OmIlÚs- sion subnùtting minutes of their - - meeting heildon Mllý la, JS13, pre- sènted for the record; Councilmim Moldenhauer moved that the ,mi. nutes be received and filed; ,se- conded by CouncHman Justmann. Carried by the following, vote: Yeas-Mayor' Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Dock <:ommission submitting mi- nutes of their meeting held on March 12, 1973,' presented fcir' the' record. Councilman Moldenhauer moved that the minutes be re- ceived and filed. Seconded byCoun- cilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldoohauer, Pregter, Thoms. Nays-None. Communication of the Library Board, being 'aWare of the expira- tion date of July 1, 1973 as !AI two members on theiT commission, nameily Rev. Karl G. Schroeder and Dr. George EhIhardt, who have ,both served two terms or more, and requesting that an ex- ception be made, presented: and read. <:OuncilmanM 0 I denhauer m<>ved that the comlDUllÍcation be received and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. <:ommunication of Dubuque Ad- visory Commissioo accepting the recommendation of the Adnùnistra- tion as to the revenue sharing expenditnres, presented and read. Mayor Bitter moved that the com- mumcation be received and filed and referred !AI the work session meeting of May 30th. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays~None. Communication of Dubnque Ad- visory Commission advising of changes in their membership and submitting names for replacements presented and read. Mayor Bitter moved that the communication be referred to the Council Seconded by <:ouncilman Moldenhauer. Car- ried by the following vote: Special Session, May 21, 1973 277 Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Mayor Bitter moved that Mr. AI Lundb and Charlotte Solomon be re-appointed to the Advisory Comnùssion for a term of three ye...s. Seconded hy Councilman M<>ldenhau&r. Ca1Tied by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, M<>ldenhauer, Pregler, Thoms. Nays-None. 'Communication of Y. W. C. A. submitting ,'a resolution passed at their annual membership meeting UIIonimously endorsing continuance of bus service for the city, pre- 'sented and read. Councilman Preg- ler moved that the communication be received and filed. Seconded bY.<:Ouncüman, Moldenhauer. Car- riedby the following vote: Yeas-Mayor Bitter, Councilmen Just, mann, Moldenhauer, Pregler, I Thoms. Nays-None. Communication of West Sid e Realty Co. requesting withdra,wal of a petition formel1ly subnùtted in behalf of P. D. Johansen for rezoning of Lots 2, 3, 4 and 5 Block 1 of P. D. Johansen Sub. presented and read. Mayor Bitter moved that the communication be received and :IiIed. Seconded by Councilman Pregler. Carried by the fol!<>wing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays--None. ,Petition, of DuhucuePacking Co. requesting coMideration for pur- chase of Lot 1 of River Front Sub #4, in the event the property is being put up for sale, because this lot Í8 adjacent to their pre- sent property and 'Would be inslrn- mental in the future expansion of their facilities presented and read. Councilma.nJnstmann moved that the communication be received and filed. Seconded by <:Ouncilman Pre- gler.-Carried by the foNowing vote: Yeas-'ayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, I Thoms. Nays-None. Petition of Caradco Window & Door Div;sion of Scovill requesting vacation of an alley between Jack- son and Washington and Uth and 12th Street, presented and read. Ma.yor Bitter moved that the pe- titionbe referred !AI the City Man- ager and statfif aJDd Plauning & Zoning ComnùSSlion. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Moyor Bitter, <:Ounci1men Justmann, Maidenhauer, Pregler, Thoms. Nays-None. Petition of A-I I'lumbing, Cool- ing & Heating Co., requesting per- mission to excavate at the Packing Cwnpany on 16th Street to hook up to a oanitary sewer, presented and read. Councilman Pregler mo- ved approval of the petition. Se. conded by <:Ouncilman Moldenhau- er. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petitions of the Board of Snpervi- sors submitting the following for sU!b111ission of taxes, due to in. firmity or old age; Louise Bieber- man 1050 Center Place on SUib of Lot 5 of 8 of A. McNulty's sub. of Lots 3, 4 and 5; Helen M. Bradley 1349 Del! St. N. 20' of N. 40' of Lot 808 A. McDamel's Sub; Blanche Donovan 64C! Univer. sity Ave, E'h of N'h of Lot 12 of Ke1Iy'~ Sub.; Hilda M. Leppert lOW Wilson Ave., Sub #4 of Cains Sub. Lot 4; Gertrude and Robert Ogaard, 2460 Hillcrest, Lot 26 Hill- crest Sub. #2; Elma B. Remhold 1358 Belmont St. Lot 12 of 3 of M. L 90; presented aJDd rea d. Councilman Preler moved appro- va'i of the requests for tax sus- pension and directed the OIerk to sign. Seconded by Councilman Mol- denhauer. ea..-ied I>ythe fonowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of DuiJuque Jaycees reo questing a woril: session with the Council relative !AI the renovation of the City Hall and <>ther aspects of housing City Government. Councilman Moldenhaner moved that the rules be suspended in order to let anyone present address the Council if they so deoire. Se- 278 Special Session, May 21, 1973 COJIIiIed by C<Iuacòlman T1ìoms, Car- I Iinois Central GuI.f Railtooad Com- lied by Ute t\IIIoIWbIg vote: pany In e_- with the !a- Yeao-l4~ Bitter, Councilmen staIIation of an undergroun4 sani- Justmann, MioIdenhauer, Pregler, tary sewer; and ThO'llls. WHEREAS, 's a. i1I -_ut Nayø-None, Agreemem shoUld beapp_ed and Mr. 'll'iDiam Hett:lman addressed delivery thereof be aœepte4: the <:OuDcil in support 01 the Jay- NOW, 'l1HI!mIWO!IE, BE rr RE. cees petition. SO'LVIED BY THE CITY COUNCIL Mayor Bitter moved to fix a OF mE CITY OF DOIBUquE, date of meetIng a,t the - sche- IOWA: doled Council meeting of May 29th, SecfIcm 1. Thill tile E.asement however set a meeting datelenta- Agreement by and between 1IIJnois lively for June 7th. Seconded by Central Gu1f Railroad Company ~an MuJdenh:auer. Carried and the City of D1Ibttque, l<Iwa, by doe ioIIowing vote: dated April w, _,be and the Yeas-Jiayoi' Bitter, CounciID1en same i. hereby approved. Juotmann, Moldenhauer, Pregter, S-Ion I.Th&l the Kayor and Tho_. City Clerk be and they He bereIby Nays-None. a1l1:h0rized and <lirel:lled 10 eøcute Proof of P,_atloD. certified 10 said EasetlUll1t Agreemmt for and It" the P.-.ber, of notiee 01 re- onbelaalf 01 the City of DaWque, ceipt of bids for repowerinc fire ImnL and ilia! de1i~ery of tile Graut QParatus, presented and: rea d. of E'a's- .. herewith _ted. Councilman Pregler moved that SectlOll 3. 'l'hat 'the City CIeri< the proof of pulblicatinn be recelv. be 'ad be is 1Iereby"utburi2ed ed =d filed. Seconded by Council- and.cJlreclied 10 caUIe said Grmt man Thoms. Carried by the fol. of Easement to be recordedltl lowing v8le: the olfice of the JñjuqtteCounty Yea.-Mayor Bitter, Councilmen Recorder. hItmann, Jl<>ldeniI...er, Pregler, Passed, approved aDd adopted 'I2Io1lU- this 2bt day 01 May, lImI. Nays-None. ,Joseph J. Bitter May 18, 1973 Mayor 'fu b Honord>1e Mayor and Watter A. Pregler City Council MIan T. TboIJmø Attached Is the bid of the Hicklin WaYftO A. llIdk!enllauer QIIf I'D-- Company received in C. Bobert ¡",,- response to OM request for bids Co1mdlmen forrepoweriDg Seagrave "Quint" A<btest: Ladder 'lTd. Leo F. Frommtilt BI~IIIIin'. bid was the 0IIIy bid City CIefI< """"ivod. The amount ot $36,2114.09 Councilman Moldenhauer mo~ed ism line 'wi,th our elltimote. Chi~ adoption of the resOlutIon. Second. Dlulpby recommends - the b,d ed by CollIllflman Ptoeler. ,Car- be a~ted and 1Irat the contract rieil 'by -the foIIowing vote: be l>gned. 1 endorse this recom- Yeas-May..- Bitter, Councilman menåtlonÓilbert D, Chavenelle Justmann, MoIdenlm1er, Pregler, City Manager TI1:~N""e. -G<nmcilm'aD Pregler moved ap- prova'I of the reeommendalion and the Manager be authorized to a- ward the contract. Seconded by Cotmdlman 'l'IrolM. Carried by the jeJawing -...to: ~Maoyor Bitter, Councilmen .rlJltmann,MoldeJilntuer, Pregler, Thoms. ~s-.None. IUIIOIJ¡TIØN tlo. 173-73 WlmBmAS,the (JIIIy 'Ill Dtibuque lias 'l8eatled an..sement1'rom n. l1li..., 17, 1913 To the Ho!lora"le lII'aY<M' and City <Cø1l!ldI TbeCoMtrUction of the 1f12 Tref- fic Slg.........Ieét: AØury _d .t <:lI'I'Iar 'RolhI. .Iohot fl. KemMdy Rood at 1'ennsyk,"a -. and wori< ill'Cidentt:1 thel'e'tð in UIíI for the Cfty .fJl Ðuibuquc, I_a, Ita6 been suibstantiaHy completedlD '8C- oordance Mth plans, ~ns anti the co- by an4 between Mo1& Eleclirle '8erviee,1nc. 01 Du- Spe~~on, May 21, 1973 buque, IOWa and the City of Du- buque, Iowa. Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved that the cOlDmunication be receiv- ed and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas-MaY'Or Bitter, Couneilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Fin.1 Estim.18 RESOLUTION NO. 174-73 WHEREAs, the contract for the 197e Traffic Signal Project: A&bury Road a,t Carter Road, John F, Kennedy Road at Pennsylvani'a' Av- enue has heen completed and the City Engineer has suiblDitted his final estimate ohowing the cost thereof including the coot of esti- mates, notices, inspection, and pre- paring the assesment and plat, now therefore, BE IT RESOLVED, by the City I Council of the City of Dubuque that the cost of said improve- ment is hereby determined !AI be $28,237.00. That None of the cost thereof sb<rlI be ",sse_Ie upon private property and $2.8,237.00 shaH be paid from the Road Use Tax and Utility Funds of the City of Du- Attest: buque, Leo F. Frommelt Passed, adopted and approved Ci~ 0I8d: this 21st day oIf May, 1973. , . Joseph J. Bitter Co~cllman Moldenhauer moved Mayor adoption of ~e resolUtkln. Second- Walter A. Pregler e~ by Cownctlman hegler. Car- Allan T. Thoms rled by the following vote: Wayne A. Moidenhauer Yeas--Mayor Bitter, Councilmen C. RObert Justmann Justmann, Moldenhauer, P.regi$-, Councilmen Thoms. Attest: Nays-None. Leo F. Frommelt Mr. Vie Grice, Stacy Murdock City Clerk and Les Harney, melDbers of the Councilman Moldenhauer moved Airport Commission were Ùl d- adoption of the resolution, Second- tendance, also Mr. JeM Molid M,a. ed ,by <:ouncilman Pregler. Carried nagerolthe Ai"POrt, ,to consider by the following vote: a head tax. The ondy one OPPOsed Yeas-Mayor Bitter, Councilmen .tothe charging of a heIWltax Justmann, Moldenhauer, Pregler, was Stacy Murdock. Thoms, <:øW1ci1man J...tmann proposed Nays-None, a head tax for the City Airport (A Rasolution AccopHng and directed the City ~licitor to Improvamant) prep...e ,pr<¡pe~ proceedings fo r schednIed camer and supplemen- RESOLUTION NO. 175-73 tal carrier only. Seconded by Coun. WHEREAs, the contract for the cilman Moldenltauer. Carried by 197e Traffic Signal Project: Asbury the following .vote: 1:19 /lIoad at Car1er &øad, J<Si, F. Kennedy JIoad, at PennS)'IVaala A~_e has been corap!ete4 and the Oity M,anager has examined the ....&rk and £ilei his eerw;¡eate stating that the .ame has been COJDpleted álccœ-ding to the ter.... of the """tract, plans and specifi- .catiO)Qs - recommends it¡ ac_- tanee,-therefore, BE rr RFßOINED, by the City <:Ouneil eftheCRy of Dnltuque, that the recommeB4ø.tloa of the City Manager be StJPl'Ovedand that said im_- be and the same is hereby accepted. BE IT FURTlIER .ft1!:SotNEiD, that the O!ty Treaourer be and he is hereby directed to p~y to 1!Ie con,tractor frotn the funds to be realized frOl1lit.U.T. and UtIlity funds UP<u1 the .above described improvement in amount equal to the amount of bis cO¡¡'tract, less any røtained P~entage p...,ided for therein. Passed, adopted .and apprned this 21st day of MAy, 197a. Joseph J. Bitter );a!Or WùIer A. hegJer AIhn T. 'lboIIIs Weyne Á. Mo1IWnhauer C. 1t8ert Justmann Co1lbci1meJl Special Session, May 21, 11113 280 Yeas-Mayor Bitter, Councilmen Justmann, Moldenhsuer. ,Nays - Councilmen ,P reg I e r, Thoms. Counei1man Pregler stated that :: ~~ :: :~d~::e .:..,~~ I uance of fire inspection throughout the City. Councfunan Thoms moved that the remarks be referred !AI the Fire Chie<f and Staft. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Preg;¡er, Thoms. Nays-None. At 10:03 P.M. Mayor Bitter mov- ed !AI go into executive session to discuss personalities and ap- pointments !AI the Boards and Com- missions. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen ~=::"" Moldenhauer, Pregler, I Nays-None. At 10:30 P.M. the Council re- convened in regular session and let the record show that policy matters and personalities were dis- cussed. T1ìe~ being no further bu- siness Councilman Thoms moved to adjourn. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Counciimen JuSltInann, Moldenhauer, Pregler, Thoms. 'Nays-None. Leo F. Frommelt City Clerk Approved ..,....",....,...."...............1973 Adopted ......",....,..........,.............1973 .................................,...,...............,...... ............................................................ ............................................................ ............................................................ .........................,...,..,........................... Councilmen .........................., Attest: """"'ëity'Ci~rk Special Session, May 24, 1973 281 OJ, COUNCIL, ......... , Yeas'-Presiding Officer Pro tom Moldenhauer, Councilman J u s't- mann, Pregler, Thoms. ,OFFICIAL Nays-None. c- i I Aboent--Mayo1" Bitter ..,..c a s...ion, May 24, 1973. The following sealed' bids were ,auncll mot at 12:00 noon at opened and read: Coomty Courthousa. Bidder:, Continental Illinois Na- Presant - Councilman Jus t- tional Bank and Trust Company io, M, " . Mol!lonhauer. Preglar, of Chicago, . Chicago; P, r ice ,"". City Manogar Gilbert D- 1oo.0LIS; Coupon Rates, 1975-'l8 v_IIo.. 4.00%, 197,1 3.98%, 1978 4.00%; Net ..Absont-Mayor. Bitter (out of cl- litterest 3.96II9&Jr.; $30,852. AWAiR- tyJ. DED. lD,tb&',abs- of MayoI' Bitter BIdder: The First,National Bank «ounei1man, lI<regier moved to rati- of Chicago, Chicago; Price 1011.0420; fy, aotlon taken by the City Conn- Coupon 'Rates," 1Ø7S, 4.00, lII76' ciI on May' 1, 1II1B, by resolution 4.811%, 191'1-78 4:00%; Net litter- No. l52J/3 in the appointment 01 ¡est 4.1165%, $34.004; , CoU1lcilm~n Wayne A. Moidenhan- I ,Bidder: Harris Trost and Sav- fYr; ,fs Presiding Officer' Pro Tem. ings Bank, Chicago; Price 100.0148; Sèciílldèd' byCòU11cilinan Thoms. ¡ Coupon Rates, 1975 4,10%, 1976 Càrried'by tIie following vote: ,I 4¥0%, 1977-78 4.10%; Net Inter- Yeas-Presiding OIMèer Pro TCDl est 4.J281%; $34,160., Mð1denhauæ, Councilmen J u a t- I BIdder: 'T!Je N!>I'them Trust mann, PregŒer, Thom's. ColD!PaJny"Cbicago; ,Price '100.0146; Nay....,None. CoupouRates, d97~16 4.10%, 19'7'1- ~Mayor Bitter. 'l8 4.20%; Net Interest 4,16011'; P .din Offi $34,425. res. g cer Pro Tem ' M!lI- ,Bidder,', CarlelA>n D' Boh C denilauer.reod thecal! and'stated Des MoU;es and Th FÍrstN ti o.~ that serv:ce therof had been duly "e ~ on made and: this meeting is tailed at ,Bank, Dubuque, 'Iowa, JOlDtly; for the purposo, of adopting a re- Price 100.0366; Coupon Rates solution provlcr.... for tho solo and 1975-76 4.30%, 191'1.78 4.10%; Net award of $205.000 City Low En. Interest 4.1634%; $34,~. Iot~mont C-lIOrIcis end ap- Bidder: LaSalle National Bank, "",,,ihl and'authoriolng tho agr- Obicago, and Dubuque Bank " m..... ... such 0010, - award and ~ Coml;'aDY, Dubuque, Iowa, a_g - SU'Cb other business Jomtly; Pnce 100.0561; Coupon as may properly come before the Rates, 1975 4.10%, 1976 4'k"', meelti!lll, 4.1707%; $34,1113. , Proof of ~lion, certified to Bidder: Dain,. Kalman " Quail, by the PubIjo:er; of Notice of sale Inc;, Minneapolis and, Shaw, Me- of City L"w Enforcement Center Dermott" Co., Des Moines, JoiJrt.. Bonds, presented and read. Pre- ly; Price 100.QOOO; Coupon Rates, sidjng officer pro tem Moldenhauer 1915-76 4.30%,19'17-78 4.10%; Net m!IVed that the proof of pubUcation Interest 4.1725%; $34,528. be ,received and filed. Seœnded Bidder: Iowa-Des'Moines Nation- bY, eoU1lei1lnan' PregiIer. Carried at Bank, Des Moines, and Becker b~,thefò~, vote: " Cownie, Inc., Des Moines, Joint- Yeas-Presiding Officer P,ro Tem Iy; Price 100.0050; Coupon Rates, Moldenhauer, <:OUDcilinen Jus t- 1975 4.10%, 19'16 4'k%, 191'1-78 mann,Preg1er, TholUa, 4.1<1%; Net. Interest 4.1833%; NaYs--.NIJDe: $34,617. Al>ser>t--Mayor Bitter. Bidder: VanKampen, Wauterlek Presiding O1Ificer pro tom called" Brown, Inc., Chicago; Price for the receipt of any orai bids. 100.0000; Coupon Rates, 1915-76 There' being no response Council- 4.40%, 191'1-78 4.20%; Net Inter- man Pregler moved that orll!1 bid- est 4.2725%; $35,355. <J!n!f be ~sed. Seconded by Pre- Bidder: R. G; Dickinson" Co., slIliag Officer pro tom MoIdenhau- Des Moines, and Blair A Phillips er. Carried by the foHowing v<lte: Co., Inc., Davenport, Jointly; Price 2ft Special SessiOn, May 24. 1973 100.021lIO; COdPOlJ '&ateS. 111'15-76 YQ'k, 111'1'J.178 4.:10%; Nat _tot- est 4.3296%; $311,829. RESOLUTION NO. 176-n Itosoluflon provldInI fw tho solo I and 1...lr" of $2G5.0ø0 CIty Law É!ntor.e...8IIt Centèt a.... and apo ptovlne anci illfhorlz1ng /he qr- Ø>eIIt of such $ale end Iwlrd. WHEKEAS øotice of sa[e of _,100 aw LaW IJIIf¡QreemenI Center Bonds of the City of Do- 1IbqIIt, in :D\8Uq11e ()øIØlty, JnIa, II8tI .etotoi'e ~ liven ÌIt slMt òðllllPli_e wi" the ¡m!Visiona of <JU;fIer 76 01 die COdoI! of _a, by pUblication t1I. DOUce kit two or 1I1<11e .-i". weekl 18 a II81iIIPlIPtt ~ŸoIIe4 ID DulJuque CéNøty ; ud W'ElItI!lAS an se.d bids h""e I been received iII4 !>laced: Oft file, *t wbk!l1 ,eHIft bi& wete eaUed fm' 11114 tl!C!eived, the bi¡tbe!it of whIeb (jfIèII 111& ..."" a. fòBóWs: the bid sullmittèd bY N~ con- sisting of par and accrued iJltA;re1It pItIl . ¡ltemlulll of $C-, wttIt the bOII4ÌØ ml1Ufi1Ig iJI the f41àfß - to -, inø1lM!ve, t¡ütißg iJIImeØt at tb.t r~ of - per cent (-'!I.) pet aøIIUlIl, 1114 the boudi matur- ing in thf yeat. - to -, InclUsi"e, btuiltg inlere8t at !lie rate of - "r cent (-(o) per annum; and theretft.eT SUéh selled bidS ~ op-", 111. aullstance 01 the best sdled bid beine at foBóWs : the bid subIJ1Ítted by Qluttne"tal IIIi. nois NaJtional Bani< and Tru:ß Com- I PanY of cbicaFo, consisting of par and .ec<ìI8d Interest pills a pre- !DÌI1m of $23.50 with the honds matutlng ill tile ýé8ts 19'15 !AI 1m and 1978, iïlc!usive, lleatln, iJltere$i at the rate of foUr per cent (4.*) per tl\!!UftI, afld the bonds matm-- ing IJ the years 19'17 to -, ineiu- !!be, beatlflg interest at the rate of <tbre<! " Ninety l'IUlldretJu; per caut (*-90%) per annum; ~OW, THEREroRE, :t!elt Re- solved by the City CoWlcil of the éity (If J)u¡uC}ue, 10,""', as foJII(>WS: Section 1. That upon being duly ad"'¡sed in the premises it Is here. by determined that the bid of Con- tinenta[ Illinois National Bank and -mat ComPany of Chicago for lI1e purll1\ase <if $2OG,OOO City lAIW En- fO1'èe1nent Center Bonds of said City, clate4 *1 1., lÐ'Ia. .. .... vertised, bearia¡¡ de"" at the r- .peei/IM III the ,....dMe hereof, is the Mgbest and be&t bid received and that said bonds be and the same are llereby 1I1W1J1'd- lid to taid <:œ1i1l8ntal IDineÞ Na- tional Bank and Truøt 0011l\JtllW of Clùcap. $ecfion 2. 1'IIa,t the form of a- greement of sale of said bonds be and the same is berefly at>- proved, áIId the Mayo!', CIty Clerk and City Treasurer are bereby .... tJIorited t6 aectpt II8d øeeute die sMae f.- ø4 011 behalf of tile CItY of DuJI1I¡ue, lOW., ...4 to alfb: tile eorpør'" sed of ...Id CIty --... s..tion 3. 1bat all r8lOlutiona or parts .. r_luIivn. in collfJid berewill1 110 and tbe .ame are herelby repealed. pa£Sed and """roved ilia,. at, 1973. Wayne A MO!cIeßha...... Pr8i<Hng ce- pro ..... Attes,t: Leo F. i'ronuneh City Clerk B8e"rded May at, 1!I73. Leo F. Frommelt City CleIt !'>residing ()ftI.cer 1'1'4 Tem Mol- denhauer _ell aclapÜft 01 the tesoIUÛOll. Seeondod II,- Council- man Pl'eg!ll!r. Carried lIy the fol. løiIing Yeto: Yßas-Presiding Officer Pro'tem Moldellhauer. Cow1cilmen Jus t- mann, pregler, Tho1n.. Nays-NoM. Absent-Mayor Bitter. eouncl1Jman Pregler moved that the deI>osit check. of the uDsUCC- "8M bid<lell be returned. SecOIl- ded by Presidin¡ oMear Pro Tom Moldenhauer. Carried by the kll- l(iW!ng vote: Yea's-Pr....cIin& Offieer Pro TolD Moldenllauer, Counc~ Just- mann, Pregier, 'l1ho1l1$. Nays-None. Absent--Mayor Bitter. There btinC no further Jlusin,"s CoUll<!ilman pteai« moved Iio ad- journ. seeoDded by Council m a, II ThOll1', Canied by the klUO'RinC vote: Special Session, May 24, 1973 Yeu-PnIIidinc OIIIficer fOro Tom Moldenhauer, Ootmdlmen Jus to - Pregler, Thoma. NQoo-,Noae. Absent-Mayor Bitter. Leo F. Frommelt CIty CleIi:. 283 Awroved ...--................--.......1973 Adopted -......-..........-................1973 ........-..................--.-......................- ............................................................ .....-....--.-.................-..................... --..---..--...-........---.--..-... --""-""-'-"'.-"'c;;;;;;;,ï;;'~;;-'" Att.eot: """""""'c¡;;¡;"""""""""""'" cu,. Special Session, May 29, 1973 285 Special Session, May 29, 1973 by Councilman Pregler. Carried by the foI1owingvote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Preler, Thoms. Nays-None. Communication of Planning & ZonJing <:Oml11Íssion subl11Ítting the unapproved minutes of their meet. ing of May 16, 1973, presented for the reoord. Councilman Preg- ler 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 Dubuque Jay- cees, forward from last meeting, requestling a work session to dis- cuss City Hall renovation and other aspects of City Government, (meet- ing tentatively set for June 7th), presented and read. Councilman Pregler moved to ratify the meet- ing date of June WI and the Clerk be instructed !AI notify the Jay- cees. Seconded by Mayor Bitter. CaITied by the fallowing vote: Yeas-Mayor 13itter, Councilmen Justmann, Maldenbauer, Pregler. Nays---Councilman Thoms. Communication of George Dein- inger architect, submitting a pro- jected budget summary on the County..c¡ty Law Enforcement Cen- ter and recommendång that the project proceed for 1he base bid, and accepted alternates, and the bid be awarded !AI Willy Construc- tion Co., presented and read. Coun- cilman Pregler moved that the communication be referred !AI the Council. Seconded by Mayor Bitter. Carried by the fallowing vote: Yeas-Mayor Bitter, Councitmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. 284 Seconded by Mayor Bitter. Car- ~ by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. ney that saäd denial of claim be approved and that the City ..wait further action on this matter. In ,the event that the City is sued, or is made a defendant in an action in connection with this mat- ter, of course, the City of Du- buque will look to the Keystone Chemical for relief in this matter. Original claim is returned here- with. CITY COUNCIL' (OFFICIAL) Spacial Session. May 29. 1973. Council mot at 7:30 P.M. C.D.T) presant-Councilman Justmann. Moldenhauar. Preglar. Thoms. City Managar Gilbert D. Chavanolla. Absant at roll call Mayor Billar. Presiding Oßficer Pro Tem Mol- denhauer read the call and stated that service thereof had been duly made and this meeting is called !AI consider on Invitation for pro- posals for the purchasa of urban ronowal p~rty and acting upon such other business as may pro- perly come before a regular meet- ing of the Council. Mayor Bitter entered the Council Chamber at 7:35 P.M. 'Communication of Low R e n t Housing Commission subl11Ítting minutes of their meeting held on May 15, 1973, presented for the record. Councilman Justmann mo- ved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, CounciIInen Justmann, Moldenhauer, Pregter, Thoms. Nays-None. Communication of Iowa S tat e Highway Coml11Íssion subl11Ítting an official notilfication of a pro- posal !AI let a bridge repair project at the Jwlien Dubuqe Bridge on June 26, 1913, presented and read. Councilman Pregler moved that the communication be referred to Staff. Seconded by Councilman Moldenhauer. C..rried by the fol- lowing vote: Yeas~Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Communication of Five Flag s Executive Committee, requesting con..deration 1hat as the area a- cross from the Five Flags Center is developed it is important that an architectural design is consid- ered which would enhance the wh<1le Plaza area, presented and read. Councilman Thoms moved that the communication be refer- red to Urban Renewal. Seconded May 26, 1973 Honorable Mayor and Members of the City Council This is !AI advise that I have approved the following General Li- ability Policy issued !AI S w i f t ,Plumbing & Heating Co. Policy Number CAG 882312, Ohio Casual- ty Insurance Co. from the period of 5-2-73 to ~74, and desire to have your approval on same. Gilbert D. ChaveneIIe City Manager Councilman Pregler moved fil- ing approval subject to approval of the City Attorney. Seconded by Mayor Bitter. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, ThO'lIls. Nays-None. R. N. Russo City Attorney Mayor Bitter moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter ,Councilmen Justmann, MoldenhaUer, Pregler, Thoms. Nays-None. May 24, 1973 HonorO'ble Mayor & City Council On May 8, 1973, Vincent Mescher of 1233 Rhomberg Avenue, this city Hied claim against the City of Dubuque in the amount of $55.00 and alleging that said damages occurred to the basement of his store on May 7, 1973 as the result of a clogged sewer, causing a back- up in said basement. This matter was referred to the appropriate City Ægency who made an investigation thereof and re- ported by letter to this office of no lia,bility on the part of the City of Dubuque, and in view of the foregoing, it is the recommen- dation of the City Attorney that said claim be denied. Original claim is returned here- with. May 24, 1973 Honorable Mayor & City Council On March 19, 1973, Berwanger Boiler Shop of 2240 Kerper Boule- vard, Dubuque, Iowa filled cla.m against the City of Dubuque, Io- wa in the amount of $545.37 claim- ing damages as the result of a sewer backup. This matter was referred to the City Attorney, who in turn referred the matter to the appropriate City Ægency, on the 22nd day of March 1973. Thereafter, on May 8, 1973, the City ÆtlAlrney received a com- munication from said agency, the original of which had been direct- ed to BeIlWanger Boiler Shop, Inc., 224G Kerper Boulevard, Dubuque, Iowa and in which communication said City Agency denied the backup claim of said claimant and alleging that no negligence on the part of the City caused said O'lleged damages. It was further alleged in saM communication to the clai- mant that it appeared that grea'se that was in the line was discharged from Merrill ChelDical, now Key- stone Chel11Ícal Company. On the basis of the foregoing, said City Agency denied the claim and on the bais thereof it is the recommendation of the City AtIAIr. R. N. Rnsso eity A.ttorney Mayor Bitter moved approval of the recommendation. Seconded by Councilman Pregler. CaITied by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. May 21, 1973 To the Honorable Mayor and City Council I herewith subtnit the reports of the City Audi!Alr, City Treasurer and Hea'lth Department, ..s well as a list of claims paid, for the mon~ of April 1973. Gilbert D. Chavenelle City Manager <:ouncilman Pregler moved that the reports be received and filed. May 24, 1973 Honorable Mayor & City Council On May 11, 1973, Panline Coa,tes of 1324 Central Avenue, this city, filed claim ag'alnst the CIty of Dubuque in no specified amount, and alleging that on Maroh 4, 1913 she fell at a point in front of 286 Special Session, May 29, 1973 1153 Central Alvaue in ÖIe Cil¥ Yea""-'yar Bitter, CoaDeümen 01 Dulloque as the result of IIoIe JustmllllD, MaIdaIsau", Pre..., in tile 8iàewalk thereat and Ifieg- Thøm8. ing that Ii1e odored penGDa1 in- N~Nœe. ~ieo a!Id broken eye gIuses, a!Id ORDINANCE NO. 23-73 :ter matter was r..cured It> Ibe An ordl- authorizing Haudon- . .' shiald DoWacbter Funeral Home .I . »ve made an -~ to _Iruet a .....r- at 21JO 01 tbis matter aad have.......-.ed ~-~ral A- the e-"8es of the claimant and ~ ..., have conferred with said claimant pr......me.t aad read. who has made an offer of settle: Cllmlci1man Pregler moved tllat ment of her claim In Che amount the reading just !lad be CICIII8Idered of $12Ii.OO, and: In view thereof, the first -ding 01 the 0rdiDaDee. it 10 the reCðll1mend!ation 01 Ibe _<led b7 )liayor Bitter. Carried aty Mtørney that said after of by the f<Jlloa>ing vote: settlement be aecpeted aDd that Yea~yor BiIW, ComIc- tile CIty Auditor be ÍD5trUeled!AI J-.mn, Moldenba1loer, Pregler, GrIN I warrant payable It> Pa'u- Thoms. line Coates in the amount of $l2i.OO Nay1l-None. and traMmit same ta tile CIty Couacilman PreaIer mewed tbat Mtorney for delivery upon receipt ~e rule requiring an 0rdiaaD0e ol duly executed releases. !AI be read oa 1ibree ICplll'ate da7s Original claim is retumed lleo:e- b~ waived.. Seconded ,by IIayQr wIIà. _. Carried by ÖIe fGDøwIng B. N. 1bo8> vote: . . CIty Mtorney Yeas-Mayor BItter, OowoeilDsen Justmann, Moldenh_. Preller, Mayor Bitter moved approrval of TiIon>s. !be reeommendallon. Seeoft<led by Nays-Nolle. Councilmllll Pregler. Carried by ORDINANCE No. a.J3 the following vote : Yeas-Mayor Bitter, Councilmen AN O~CE AUT HOlt 1- Justmann, Moldenhauer, Pregler, = ~~sIIie1d-'DeWaebter Fa- Tlwms- TO CONB1'1WC'l a Jlarque Nays-None. BE IT OBnAlìNED BY THE CI- Nøtiee o€ claim 01 Mrs. Ben C. TV COUNCIL OF THE CITY OF 1ÜIU. in \be approJÚmate amount DUBUQUE lOW"': of. .08. . lor perlODal injuries ~e- Seetiolt ~ That Halllleubield De- eelved m a fa! on a cleIecüYe WadØr Pnnor" Home as &WJleJ's IidewaIIt near U54 Ioora Street OIl of tile prellllises tnoorm aa Lot 4 May 19, .1973, preoClliled and re~d. 01 Lot !I 01 I.. 11. Lan---s lú,Joc 11-- moved 1IIat the claIm Acldition iD \be ~ IJI; DuIJaque be referred to. the City Attomey be, and they ..re ls8ehy graaled for p':"!"'r aCÜOD. S...,nd~d b y the reftlClbie äce5IIe alllli aatiIøriIy Councllma~ Pregler. Carned by ta.....- aad mamtaID a M.- the foJJ.owing vo~: . - 1IIIder tile - ad 008l1li- yeo.s,..-Mayor Ritter, OoUDdhnen - aet fmtIo In t!UI 0nIinImee Justmann, MolAIeWIauer, Pregter, SeetiøD :&. That _II C<JIIIIItr1Ieti Thoms. s!IaI1 be daIIe in aeeardanee with Nays-&ne. plaDs hentulore 5I4>mitte4 by per- Nollee t1f d8Im 01 John T. Quinn mtttees anð _cd IIy City JIl- in the amount of $140.61 for car -, DDðer tile o.upenisial and damage received as 1IIIe result of cllreetioD '" tile CI.t1 lIana&H, IIIId a pollee ear backing into bls ve- iD ae..,rdanœ wiIà all appljeab1e hicle on I.Gcust Street between s- aDd feðenl1awll and reIlJia- Dodge and Jones Street 011 )fay tHIns, aad .., OrdiDaDees of the )5, It?II. preseøted and read. Ha- City lit DuIJnqne- yor Bitter ..-ed tIIat th~ elaim Section So 'ftIat the permi- be nderm II> tile CtQ' Attorney bøeiD ..anled is -1JfiI;J _<li- for proper adIon. seeOllcled by IiGDed on penåtteI8 ..........nt!Al: CouncìJm8D PreIter. Carried by a) À"- my IoII<l all 1Ia!lllity the toDowtng 11'012: for damages to penœr « property Special Session, May 29, 1973 287 which -,. result frDDl tbo exist- PaUed, Mloptod and approved 1!IIœ, -oInIctlon or maiJltenallce l1li. 29th day of May, A.D., 19'111. of nicI Man¡uee; JGoepl1 J. Bitter 'b) To pay on behalf ,of the City w=o~ Pregfer of Dubuque all sums whieh the ÀÜaI1 or . '11IolDl <;:ity of Dubuque shall become ob- Wayne Ã. Moldenhauer ¡¡gated to pay by reason of the C ROOert JIlItm...., lia\¡ifity imposed u:pon the City of 'CøUllCilmeo Dubuque fur damages of any kind ATTEST' resuI~ from ~ existence, co~- Leo F. Fn.mmeIt structúm or ~ntenance of s..d City Clerk Marquee, sustained by any person or persons, caused by accident or ACCEPTAHCE OF ORDINANcE otheI'Wise, to defend at its own NO. 23-73 expense and on behalf of said City '!be Illldersigned »Ying reo.d and any claim again:st the City of Du- 'being famüIar 1Iith tbo term. aad huque arising out of the existence, conditions &f Orc!btanee No. 23-73 COD&truction or maintenanee of her.""., for themlelvea, t1eir a",,- said Marquee; cessors or as'8ÍlD8, as _s of c) To indenmlfy and bold City tbo a'batting property, aeeept the 01 Dubuque free and harmleø frum same ~ .a..ee to be bouad by ... anð aU elaims. 1-. )lability the .eoncli~. and ....eements and expoll1le for injuries to third thereon ~ to be per6rrmed per-s or damap¡ to pruperty by p~. of tIIinI porlOlJl, CIr for damage Dated )fay 39, 1m. to any prq>erty of Cîly of Dubuqne RaadensfrleId-ÐeWaehter wiùeh may occur as a result of Pnneral Home or in oormectkm with the """"true:- By Joim p. DeWacl1ter Iiœ, maiDIe,"m.. and repair of President lilt faeillly, ""'" .... IDI>rovement PuMisbed offIclafly in the Te1e- permiUed .endn. graph&rald Newspaper this 1st SectiÐn 4. That the permission day of Jarœ, 1973. ilerein granted is expres.ly condi- Leo 'F. PFommelt tioned upon permittees f n r the r It 6-1 City Cferk agreement that sbould the right - &lid Privl1ege herein granted be Co~man PrE¡g1;er moved fin,,1 rescinded or revoked by the City adoption of the. 0rdirwJce. Seoond.- Council, perm/ftees, or their suc- ed Iby. Mayor ~tter. Carned by the cessors in interest, as owners of wllOWlDg vote. - the abutting property, shaY within Yeas-Mayor Bitter, COImcitmen thirty (30) days after receipt of Justmann, MoIden1lauer, Pregler, written notice from the City Mana- Thoms. ger, so to do at their own ex. NaY8-Nolle. pense, remove said Marquee, and ORDINANCE NO. 24-73 Íl> the event of their failure liD An ard-- alllhørbl8tl Jacob- I<> do, the CIty of Dubuque sh"ll -'s Ina.por8led .. C_rllCt a be authm'izeð to remove said Mar. loading clock .. WOst s;eIo Pina quee, at permittees expense and Slr88t ~ 11th and ""' St. dispose of the same, and the per- Attacked.. E.. Market abvtting mittees sb"U bave 00 claim a'gainst Lot:au to 236 incl. E8St Dubuque the CIty or Its "gent¡¡ f"r damages Add. ~eseated and read, resulting from the removal of said CowIcilman Pregler moved that Marquee. tile redJIi jnot iI8d 'be coJUid- Section 5. TIIis Ordinance shall end the first reading of the Or- become effective 8IId the rights cliDance. Seeondeci by Mayor Bit- hereunder accrue to HaudeœhieJd- fer. Carried by tile foIk>wJng vote: De1l'taelrter Faueral Home wben Ycas-Ma1Or Bitler, Counelimen this Ordinanee hItS been adopted i Jnstmann, 1!ofdeDbaU"" Precler, by tile OI¥ ColIIIdl and the terms ¡'!bonos. and COIIditioDs thereof HCepteo! by: Nays...None. pern¡JtIee. by aeeeptanee endors- I Coaneilman Pregler mooed that ed aD this 0nIIIuIDre. the rtI\e ftqUiriDg an Ordinance 288 Special Session, May 29, 1973 to be read on three separate days' be waived. Seconded by Msyor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms . Nays-None. ORDINANCE No- 24-73 An Ordinance authorizing Jacob- son's Incorporated. TO CONSTRUCT a loading dock on west side, Pine Street between 18th and 19th St. attached to Eag- le Market abutting Lot 236 to 232 inclusive East Duiluque Add. BE IT ORDAINÐD BY THE CI- TY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That J,acobson's Incor- porated as owners of the prelllises known a. Eagles Food Market, Lot 236 to 232 East Dubuque Add. in the City of Dubuque be, and they are hereby granted the re- vocable license and authority to i construct and maJintam a loading dock under the terms and condi- tions set forth in this Ordinance. Section 2. That such construction sh.ll be done in accordance with plans heretofore sublllitted by per. lllittees and approved by City M'a- nager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal law,s and regula- tions, and the Ordinances of the City of Dubuque. Section 3. That the perlDi.sion herein granted is expressly condi- tioned on perlDittees agreement to: a) Assume any and ..ll liability for damages to persons or pro- perty which may result from the existence, construction or main- tenance of said loading dock; b) To pay on behalf of the City of Dubuque all sums which the City of Dubuque sban become obligated to pay by reason of the liability imposed upon 1he City of Dubuque for damages of any kind resulting from the existence, construction or mam- tenance of said loading dock, sustained by any person or per- sons, caused by accident or 0- therwise, !AI defend at Its own expense and on behalf of said City any claim .gainst the City of Dubuque arising out of the existence, construction or main- tenance of IoadiIrg dock; c) To indenmify and hold City of Dubuque free and harml... from any and all claims, loss, liability and ""Pense for inquiries to third persons or damages to property of third persons, or for damage to any )1'operty of C;ty of Dul>uque which 'may OCCW' "'s a resuJ.t of or in connec1Jion wiJtb the construction, mamtenance and repair of the facility, work or improvement pennitted here- in. Section 4. That the perlDi..ion herein granted j¡s expressly condi- tioned upon perlllittees further a- greement that should the right and privilege herein granted be rescin- ded or revoked by the City Council, perlDittees, or their successors in interest, a. owners of 1he abut- ting property, shall within thirty (30) days after receipt of written notice from the City Manager, so to do, at their own expense, re- move said loading dock, and in the event of their failure so !AI do, the City of Dubuque shall he authorized !AI remove said loading dock, at perlDittees eJ<Pen.e and dispose of 1he same, and the per- IDittees shall have no claim again.t the City or its agents for damages resulting from 1he removal of said loading dock. Section 5. Thi. Ordinance shan become effective and the rights hereunder accroe !AI Jacobson'. In- corporated when this Ordinance has been adopted by the City Coun- cil and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Or- dinance. Pa,ssed, adopted and approved this 29th day of May, A.D., 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T- T1ìoms Wayne A. Moldenhauer C. Robert Justmann Councilm... ATl'EST: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 24-73 The undersigned baWig read and being fallliI1ar with the terms and conditions of Ordinance No. 24-73 hereby, for themselves, their suc- Special Session, May 29, 1973 289 cessors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements the- rein contained to he performed by perlllittees. Dated May 21/, 19'/3. J"cooson's Incorporated By Da,vid S. Jacobson Vice-President or Property Owner Published officially in the Tele- graph-Herald Newspaper this 1st day of June, lII'Ia. Leo F. Frommelt City CIeri: It.'H Councilm... Pregler moved fina.I adoption of the Ordinanœ.Second. ed by Mayor Bitter. Canied by the following vote: Yea.-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Na~None. ORDINANCE No. 25-73 An ordinonc. amanding Ordin- nanca No. 33-49 Icnown as the "Tra- ffic Code of Dubuqua, Iowa" as amonded. by adding a now subs... tlon 8 to Soctlon E. of schodula III thereof and by adding a now subsection 9 and a now subsection 10 to Soctlon F- of schodula III thereof to provide that aastbound vohicl.. must stop bofore _ring the Inter_on of Front street and Harbor Street and to provide that southbound vahicl.. must stop be- foro ant.rlng the Intars..tion of Lincoln Avenue and Front Street and HaWthorna Street and Front I Stroot. r..poctlvely. presented and read. Councilman Moldenhauer moved thai! the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Councilman Moldenhauer moved that the rule requiring... Ordi- nance to he read on three separate days be waived. Seconded ,by Coun- cilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. ORDINANCE NO. 25-73 AN ORDINANCE AMENDING ORDINANCE NO. 33-49 KNOWN AS THE "'l'RAFFIC CODE OF DUB UQUE, lOW A" AS AiMENDED,BY ADDING A NEW SUBSECTION 8 TO SEC- TION ill THEREOF AND BY Ai1IDING A NEW SUBSEC- TION 9 AND A NEW SUBSEC- TION 10 TO SECTION F. OF SCHEDULE ill THEREOF TO P'ROVIDE 11HAT, EASTBOUND VlEIDCLES MUST STOP B E - FORE ENTERING THE INTER- SECTION OF FRONT STREET AND ~RBOR STREET AND TO PROVIDE THAT SOUTH- BOUND VEHl!CLES MUST STOP BEFORE ENTERING THE IN- TERSECTION OF LINCOLN A- VENUE AND FRONT STREET AND HAWTIroRNE STREET RES~ECTlVELY. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF 'IDE CITY OF DUBUQUE, lOW;\': Section I. That Ordinance No. 33-49 known as the "Traffic Code of Dubuqne, Iowa" .. amended, be and the same is hereby amend- ed by adding a new subsection 8 to Section E of Schedule m thereof as foUows: "SCHEDULE ill E. E'ast bound vehicles must stop before entering the intersection of: 8. Front Street and Harbor Street. " Sactlon 2. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, j¡s hereby amended by adding a new subsection 9 and a new subsection 10 to Section F of Schedule ill thereof as fol- lows: "SCHEDULE III F. Southbound vehicles must slAlp before entering the intersection of: 9. Lincoln Avenue and Front Street. 10. Hawthorne Street and Front Sreet." 200 Special Session, May 29. 1973 pa8Cd, ftIreved and adøpIed this 29th day of May, ]j7S. Joseph J. BiU.er MQOr. Walter A. Pregler Allan T. Thoma Wayne A. Moldeohauer C. Bober! ~..... Couneil....... ATI1IIIT: Leo F. J'romIIteh City CIe%I< PuhlisJled mficlaJly in The Tek- grap'h-Benlll JIeWIIPIIP"1' thIo 1st day of SIDle, Ifill. Leo F. Frommelt CiI.1 Clerk. U. &Œ (JoaBeilmm Moldenhawer m...ed f!na1 adoptòen ø( Ihe (IrdbwIee. _IIded by 00Ime!lm... Pregler. Carried by the following Tete: y--MQW Bitter, Councilman Preg1er- Carried b1 Ihe foIIowi1>g vote: Yeao----lúJ'or Bitter. CowIcibnen lU8tD1aD8, IlA>ldenh"""", Pr.eg}er, Tho""'. Nays-None. ORDINANCE NO.. 26-73 An OrdInenca amending enIIIo- - Me. 11-49 - as the "Traffic Code of Dubuqua. Ie"'" a. amended, by ropoallng sadlon U thoftef 8IICI _cling e new øctIon 6.2 In lieu thereof ...oIdng it unlawful te 0_. cIof-. _do: , -. Invre or _0 or ,,"TO ... _Ion any oØicIof traffic _trel dewlce. preeented and read. CounciIman Mollienhauer moved that the readiJC just had be eonsidered the first reading of the ()rd!nanee. Seconded by <Jøuneil- man Pregler. Carried by tbe fol- l.....mg -rote : Yeas-Mayor Bitter, Councilmen .føstInann, Mo1denhauer, P1'e&'er, 'nmms. Na:7"-Nooe. eouaeilmall MoIdeIJI¡auer moved that the l1IIe requiring an Ordi- nance to be read on three separate days be waived. Seconded by C0un- cilman Pregler. earrIM by Ihe føIIowing vote: Yea-Mayor BtiteI'. CoUllCilillen JastmatlD, 1føl<IeoIIauer, Pregler, Tboml. Nays-None. ORDINANCE"" 16-73 AN OBDINANCE AJilDIDDIG 0&- DlNåNCK NO. 33-48 ltNO1Wf ItS 'l1Œ "'Nt.\I'I'JC ()()DE OF IJU.- ,BUQUE, I(//fA" NJ MlBDED, BY BEPEALlNG SIIlIC'1tOM 6.2 THEiREOF AND ENACNNG A NEW SECTION 6.2 IN L I II: U TRER&OF MAKING IT UNLAW- FUL TO ALTO, DEFACE KNOCK DOWN, IN.J1IRE OR RE. MOVE OR HAVE IN POSSES- SION ANY OFFICIAL TRAFF1lC CONTROL DKVICE. NOW 'l'REREroRE 1!E iT OR- DAINED BY mE CITY œUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of 'Dubaqae. IDwa" u amended, be and the ...... i& Jo8roby am- dell b1 ~alillC SectiaD U thereof and enacting a new SeetiIIII U iB JieII lIoereof as follow.: "..3 It shall be' unlawful for any person !AI willfully and inteDtioo- any, without lawful authority, at- tempt '" or in fact, alter, deface, ~ure, knock down. or remove aDY official traffic-œlllrol device, any authorized warning s:i¡n or signal or barricade, wbelhe.- tem- porary, or permanent, any ran- road sigD or signal. uy inscrIP- tion, sbield or insignia on any of such devices, signs, 8lgnala, or bal'ricades, or any other part tJIereof. 11 shall be wlawfu1 for any per- !AI have in bis possession any official traffic-contro! device e"",ept by reason of Ills employ- meDt." Passed. _yed and adopted this 29th day of May. 11173. Joseph J. Bitter Mayor WaIter A. Pregler A1lan T. T1ìoms Wayne A. Moldenhauer C. Robert Justmann Councfimen ATTEST: Leo F. 'Frommelt CIty CIeri< published offici"Uy in the Tele- graph-Herald Newspaper tbis 1st day of June. 1JI73.. Leo Y. Fr(l1Jlmeit iC\tJ' Clerk. 1t.&J. ~- - -~ - - T- $pecial Session, May 29, 1973 ~n 'MDlleù8œr _d ~Imm M 0] d - fiœI.aolO>.1Hn of 6e 0niiAanœ. enhauer. Seconded by Councilman Pœc1ør. An Ordinance amending O'r d i- Carried by the foll<>!P.bu¡ vote: nmree fio '8-'34 Itm7wn as 'the "zon- YeaS~M'lYDr Bitter, Counci1men ing Map ;"'d Zoning Ordinance of JJŒltmann,lIrD1denhauer, 'Pr~gIer. ti>e City .,¡ Dllbllque, Iowa"lIy t'IKuRs. .....wiiq ArW:'le ,IV, Sectioo 2 {h) NayS-:Nnae. thereof to iDc1wle <:erw.. descm- Hay 25. 1973 ed reaJ eotateia wbieh i'I'Oi'ess- Honorable Mayor and Councll,,!-en iona.! oIfic.e or Jitudios ol a, phy- .ne C!1;y ol Dltlwt¡ue ,P!.anning SiciaB. .dentist, arChitect, o¡¡gjnem:, and Zonin¡ CommissIOn has held Ia...yer,realtDr, iIIsur......,.,. mull- aptØ:1Ucl1ellrÛ\i on '!he attached cian or .simllar professioDS may ~e wbich ""11l!I extend the be j>Crmlt'lø:\.. alLd fu.-tàer presccib- profesSlionál offiee. zomqg sulb-c!a~- ing rules governing the issulIIIœ sification to certain P1'QPerties m of such special permlts as may 1IIe 'I'Ï&Ii'IIy ,6'1 ""West hvth he all!iloriaed .tJyUte 1IeMod of Ad- SIPoet ~-, - -u18 ~ justmer>t\>l!t'Su- 10 ~ aed prescribe rules for the ~ determin~tion I¡y 1he CIty o.-c>1 of Special Permlts for """",""",I uf1he ~ ol " diolrict'lnmDg -- """~es ie_- Ilis!Alrical ~ architectural mþi- ~Wi.UO !.lie PMWiaiO8S ,0#. ,Or- ~ ie a<:oo1>l.aÐeeVi'ÎthAr:1icle di8øœ ,,1l1li. 311-111. IV ...cJ:¡on .2(1) fIIIf saiíJ O.rdinaJlee Iaits .Wt.er Ao !"!' ,4Il ~a'" ~. .3-a1, pr_ted and read. 1" ~.tIIe~~ ¡-_tell CounciImIœ T1oøtns ._ved .1i1at i&s JS¥-IIY- '_m ~ t8e ,OnSin- "" 1'fIferÆd 10 Uae ol, ""a~ ... .œtll.sldes CelD.ciUl>r OCJDSioIeratie,ut" WOIi: of !.lie w....t ~.sIœe1 r""""",,- seasi.. to beloe1d OB .1- ;w,Ü!. ..... iasue..,~.....l.ier -me_- Secoøded¡¡,o MI\J'OI'.Bitt<Oz. Carried 1iea ..... ,MIio,'tIl'aIIW t...ored ~ /¡y theCøHow:ing vote: ....-..esi1fü:a1ii8a -permIt , . 1io8Iüsd____, 8111¡jeet Y""""MiQlerBber, ~ to appropriate conditions and safe- Justmann, Pregler, 'DIums. guards t.oprotecl.the essential 1'e- iNlay.ß-:;"None. . siaenWoI éluracœr Iif !the area in Abst.amed---CouaciIman M DId - wbiå res'tbraUon activities were enhauer. proposed. TIle attached Ql'dinance A resolution desil/U&iQgs1nJc- - drafted to em'hody and effec- lures on certain hereinafter de- tuate nd1 ........... Sft'ibed propert;es 3S ~ The P¡¡8IIIÙJ1:i and ZoniQg Com- and An!bi1Jeetura1lySQlniIlinn't, IIIÎS&iÐD :bas de\ermined 1IIa1 this pur8113D'tro ftle reqUÎT'emell!ls <!If O.rdi.u.a8œ ls an I!PPropri.a1e rcso- Ordin"""" No. 2S<7G, ~ - IGOR '" J&s Aiua1 óbjeeti.... 10 fos- 1'B8i1.'Ciounci!manftoms moved fer prq>erty .maû!1elwl<>e aad re- 1In1t the Tesòlution be referreIl 'for IUobiIitatiøn. aod to> protect !he cesi- eonsidera'tion 31 a ~ -~ den1i!al character of the neighbor- robe held on .June 14th. Seconded bt:Jød. In a ummiJmn¡s. -rote !Ðein- by II!ayor 'B't'!ter. .carried 'by the inlerand Glab ~), 'the {:om- foIrowing vo1Ie: m1ssi.... .h"" TeCDm1m!llded YOll r Yeas-Mayor Bîtter, <:Ounci1men aJ!>rOYJd ùf'l!le ßrdinmee. Justmann, Preg'Ier, Thoms. CJJ'Y' ':PLA!iImING Mæ ZomNG ~e. OOHMISSION Aktainel-Q¡UIIci1man If .1 if - DoIlieI DMImIe.. enhauer. ~=.:. P=,: _d tlIa't Petition uf >Atto~eYMa~l"P<?le, the .......III>IIBBiati.onbe ftlerreil -fIIOtiq¡ æ diel1'ts, øltjecing te tile Ul8ncll fac ......sideration te iIIIe eaactm...t ef ap~ at a woñ< _i_by 1IIe 'Counet1 a..ndment JD tile ~ocal lOll"" IiIr- 110 he .held Oil iJue :wu.. $ecœdl!d AiBanee J8ftecting tàe West ,4 t... b7 JMarur Bilter. Carrie,d by the StI1eet ¡""'a" Pl'eSeDted aJI4 ~ead. frIIJøwiBc t'O/Ie. CðlUleWllu ThBms.rnoved,tàatillle Y~ BItber. Cullcümen !IØWiœ.lleeferred :før 1:OI1sidera- l8sDzIam¡,1\recIer, '11001l1li. tioJIAt a MrI< _onto lllelleld Nay~None. on ~ il4tla. 2!i:[ 292 Special Session, May 29, 11113 Yea~Mayor Bitter, Councilmen Yea.-ayor Bitter,Couneilmen Justmann, Pregler, Thoms. Justmann, Mold<iuhauer, Pregler, Nay~None. Thoms. Abstained---<:ouncilman Mol d - Nays-None. enbauer.Petition of Romac Inc. request. petition of Fordyce J. Hurley ing aunexofJion and also requ~ et 01 (46 signers) objecting to tile use of sewage and water facilities enaetment of a proposed Ordinànce to start construction of a Ramada amending the Zoning Ordinance ale Inn on the west side, of the City feeling the West .u. Street area, limits, pending anne"ation, prosen- pÍ'e_ted 'and read. Councilman led and read. Councilman Pregler Thoms moved that the petifJion be moved that the petition he referred referred for consideration at a to next '-'leek's agenda. Seconded work session IA> be held on June by Councilman Th~s. ,Carried by 1(otl!:' the following vote: Yeas-Mayor Iiilter CoUllcibnen Yeas--MayorBitter, <:Ouncilmen J¡¡stmann, Pregier, Thoms: JuotJnaun, Moldenhauer, Pregier, N<ly~e. ,. . Thoms. Aþsl,ained-ÇOuncilman Mol 'd -' Nays-None. enll.uer. . Petition of mterštatlÒ"Power Co. 'péiJt¡o' "'Trl-St -Ie Ind d t requesting per_ion 10 appear ìI!IiI¡¡'sJ,"ei;;ïy 'tíiq:esting ~~ p:4, befor~, the Co~ 10 etþla1n m1iÌ' dIr'li'" ",' .y, ",',' ten.reliteð-to'po ~ntrol e s'c- cense on an '"!"'ual, basf~ fi1Ia~ing üít' e~',¡aop' IA>"a,... funds for thOU' organiza- tiôn of ' tenti " tion, presented and read;' Councll- ,:.' ,a'".. nil man 'Pregler moved that ìhe rules IA> Issue pouufJion i!Ontròl revenue he suspended in order to let any- honds, presented and ,:"ad. Coun- one, present address the' Council <:,,~man Pregler moved that the ~- if ~ey so desire. Seconded b y tition be referred to next ~ s Councilman Moldenhauer. Carried agenda. Seco.nded by Council~an by the following vote: ~e~s. Camed bY, the following Yeas.-Mayor Iiitiel', Councilmen Yeas-Mayor Bitter CouncIlmen Justmann, 'Moldenhauer, Pregier, Justmann, Moldenhauer, Pregler, Thoms. Thom.. NaYs-None; Nay~None. Mr.JRiehard ~teckel, head of the RESOLUTION No. 177.73 Independent Blind.. Society group . addressed the Council and realized, WHEREAS, the City of Dubuque that the request for a license on has applied !'> ~e Iowa Stato: High- an annual basis is misunderstood way Com1Dlss'on for funding of and needscllll'ifreation. He thought the Central BuSÌlless Distric:t Trot- possibly three months solicitation fj., Signal ImprovelllentPrq¡ect un- would be more realistic. ,Mayor der 1he Federal TOPICS Program. Bitter moved that the petition be WlIJE)R¡EAS, the Iowa State High- referredlA> the Manager. Seconded way ComlDÍssion has reviewed the by <:OuncilJnan Thoms. Carried by application and is requesting Fe- the following vote: dera! Highway Adnúnistration 81'- Yeas-Mayor Bitter, Councilmen ~~;~ of the Loeatio...andDesign ~:::m" Moldenhauer, Pregler, WHEREAS, it is required bY,1he Nays:""None Federal High'-'lay AdllliDistratiøn " that PUblic Notice be givt!lltllat Petition of White Shrine Club the Iowa State Highway ComlDÍs- requesting permission IA> conduct sion i. applying for approvll1 of a bake sale on Saturday June 23rd the 'Location and Design Study. on the Mamet Square, pre_led NOW, therefore, be it resolved and read. Couneilman Pregler mOo by the City Council of' the City ved ,approval 01, the petition and of Dubuque Iowa, ,that the, CIty same be referred IA> the Manager. Clerk' shall pubIìšh aa4ã nntIce ~as Seconded by Councilman Thoms. shown on t1iè attached ~'Eothibit Carried by tile following vote: A." Special Session, May 29, 1973 293 PASSED, MJOPTED, AND AP- PROVED THiIS 29th DAY OF May, 19'13, Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A.Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clem "EXHIBIT A" STATE OF IOWA COUNTY OF DUBUQUE OF1FICML NOTICE OF "I.QCA- 'NON AND DESIGN" APPROVAiL REQUEST IN RE: Proposed de- sign of TOPICS Project Nulllber T-735-7{4}-46-31, Central Business District Traffic Signal Improve- ment Project. To Whom It May <:Oncern: Notice is hereby given to all iDterested per..... th"t the Iowa State Highway Commission is re- questing "Location and Design" approval from the Federal High- way Administration on the above descrmed project as follows: LOCATION AND DESORIP'NON The p~oposed project will be an improvement and extension of the e1ti$tihg Central Business District I Trame Signa:l System and 'Will es- tablish progressive signals on: Bluff Street, White Street, Tenth Street, Twelfth Street and Four- teenth Street. In addition progres- sions will be lengthened on Locust Street, Iowa Street and Central Avenue. A lIlaster controller will be located at City Hall. Leo F. Frommelt City Clerk Dubuque, Iowa Cotmcilman Pregler moved adop- tion of the resolution. Seconded by CoulbCilman Moldenhauer. Car- ried by tile following vote: Yeas-Mayor Bitter, 'Councibnen Justmann, Moldenhauer, Pregler, Thems'. Nay~None. RESOLUTION NO. 178.73 I WHE~EAS, tINt City of Dubuque has applied to the Iowa State High- Wu ComlDÍsslon for funding of the Central Business District Traf- fic Signal Improvement Project un- der the Federal ,TOPICS Program. WHEREAS, the Iowa State High- way Commission has reviewed the application and has requested Fe- deral Highway Administration ap- proval of the "Location and De- sign Study Report." WHEREAS, the Federal Htgh- way CommÍBsion Administration has given approval of Öle "Loca- tion and Deoign Study Report." WHEREAS, it is required by the Federal Highway Administration that Public Notice be given that the Federal Highway Administra- tion has given approval of the "Location and Design Study Re- port". NOW, therefore, be it resolved by the City Council of the City of Dubuque Iowa, that the City Clerk shall publish said notice as shown on the attached "Exhibit A". PASSED, ADOPTED, AND AP- PROVED THIS 29th DAY OF May 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmaun Councilmen Attest: Leo F. Frommelt City Clerk "EXHIBIT A" STATE OF IOWA COUNTY OF DUBUQUE OF1FOCIAL NOTICE OF "LOCA- TION AND DESIGN" APPROVAL IN RE: Proposed design of TO- PICS Project Number T-735~4>- 46-31, .central Business District Traffic Signal Improvement Pro- ject. To Whom It May Concern: Notice is hereby given to aU interested persons that the Federal Highway Adnúnistration bas given approval of the "Location and De- sign Study Report" on the ahove described project. LOCATION AND DEscRIP'NON The proposed project will be an improvement and extenison of the existing Central Buoiness Di&trict Traffic Signal System and wiU es- tablish progr...sive signals on: Bluff Street, White Street, Tenth Street, Twelfth Street and Four- teenth Street. 1Ji addition progres- 2!14 Special Session, May 29; 19'13 SÍIIIIS wiR be lengtbelled on Lo- I A restl!uti8l1 dI!daring Jideat. to cast SCteet, I...... Sl>eet and Cen- ...u allOt IIIStaI>Jføil; II' elate ofpubI!c tral A_. A, master co..troller hearing on Urban Renewal pro- wID be Ioeøted at City Hall. ject Iowa: L:E5 Ie Lorice Inc., was Leo F. Frommelt presented and nmd. City Cler!< Mayor !litter l11ŒJed that the re- Dnlbuq1Jl!; I_a 50001 solution ala be tald.ed. until next Cbundhnan PregI\!r moved adop- weel<"s c:-oriI m_g. Seconded tli"". of the resolution. S'econded by Councilman _ann. Carrled by COuncilman Meldenhaner. Car- by the folloooiD:g ~: . riAd by the follooving vote: Yeas-Mayor Bitter, Councilmen You-Jllayor 'Bittæ Couareilmen Justmann, M'òl*nhauer, JuK- MIolch!nha';er, P>-egIor, Nays - CounciImm Pregler, Thoms. Thoms. Na.~-None. Proof of Publication, certified to P -~ of Publi "'- ertifj d by the l'ull\Iisber, of notice of hear- r""" . ca.wn, c. ,.e Lng œr applfcation of !'flU Langas to by the Publishers, on Invitation for ci'ass "B'. beeI"' permit for pre- for prepoeals for UriJan Renewal mÍ5eS Im- as PhilO's Pi.... and property fuca~ south of B1is De- Cl>icken Hat JI'esented and read put _~aaGild poal'oell! 14A and NiJ .....it!en.' oIIjeetiem were IUi!<Í 4>-2, ~sh.. 4-10-'13 and 4-'lT-73, ami mr ora! outside otIjecIA>r& were aiw pUblished au ~-8'~ ad 5-!5-73, present in ... CooneII Cbamber also proof of publica~on publislled at the time set for 1!Ie beari'rlg. 0" 5~ ...d 5-J:5, 19'13< on tII.. SU1Ith ColmcilM.... JIIOholenha""", moved 10# feet of pM'cel 2-6, Urban Re. that the proof' of publicatiou be newal property, presented 'and received amf fil1eIt. Siecunded 1>y read. IIfayor BItter. Carried by the fòI' No written objectJ!om¡ were filed lawin« vei!e-: and no oral objectors were pre- Yeas-Mayer BItter Counctlmen sent in t!Ie Council Cliamber at Justmæm lII~';'r Pregler tire tfnre set fur the P<1I>lic hearing. Tho_. ' " Mayor Bit!er moved'thxt the proofs N'aya-Non... of publication be received and filed. Seconded by Councilm1ln RESOLUTlOKNa. l7!-13 Pregler. Canted' by the following WHlJftEAI!.IIVPJde8tåoDs for l!aer vote: perlllÜ>S ha'v.. been suiomiöed '" Yeas-Mayor IMUer" Councilmen tills E:mmcil f.... ~al alii! the JustmaDD,. 1Il~, Pregler, same h...ve been eo:allliHd; NOW Tho.s. THlJREroRE. Niays..-None. BiI, EI' lIiESOl.',¡;))l} toy the City ~cHiort o£ Lome me. <:ou.i1 of the Cit¡¡ '!'- ~, suitmittùl.ga. proposal Ie coMtrIlCt ~,thJat the &ll!.0W'IDg: a~a- a one story .uu.e buiJdiRg""¡ tians' be lrJHIteti .... per~ Ia- parkiøg lot 011. UJban lI.eDewal siœ sued upÐm UE .....p!len... ...iII the l',arcel. No. 20&, approximately ~rms at .. erdlna..... oi the 22,908 square feet of the south CIty. 1M feet oi Lot 1 at Block 5 in CLASS; ..... _III PERMIT DownIAlwn Plaza, presented and -Hip T. ~ nlOó- Lolas _d. read. COuncilman Justmann moved Pa-sged, a<Iopted, aodl apprcwed that the proposal be rejected. MD- this 2J!I4Ih II8! of May; 19i3I ttan failed for Isck of a second. J.....,a J. 1Ittt... Mr. Ed. Humke !Alld the Council M- that the State does not want a AIlløm 'E. TJImn. two s!Alry buiJdlng at tMs time. Wayne A. Moldenh- !Il'ayor - m...ed that the pro- C. Robert Juetmaau posal be tall1ed' W\öI next ...ek's Councilmen CouneiF meeiiIl~. seconded by Attest~ CoImetlmm JilotmaM. Carried by Leo F. FImBI'" tile fblIowIng- VUÜ>: City CIeIŒ Ye....-Mayor BItt..., COW1cibn",,¡ Ctnmctl'mm Tlimmrmaved !dip- .r,,1!fJn8l'lft', M<Il'IIIel1l1auer. tIon of tile res..rutien. Sì!romJed Jlfàys - Cb1mciImell' Pregler, by CouDclIman Moldenhauer. Car- Tf¡nms. ried by the following' vote: "",~~ ' SpeCÍll! Sessio,", May ~ 19'73 295 '!!eaao-lIlayw Bitter. Councilmen I CLASS" "¡Y' MER PERMIT JDstmalJlJi; Moidenhauew, Tho_. Nel.on M. Nølwood, Sr., BIIDbt- Nays~unc!lman Pregler. I Hill G<>!f Cours.... Charles R. Haas, Mc.Aù!ece Fields. CLASS "C" 8.ëER PERMIT Beecher CiJoœpany, k1c. 2399 White Street. Beecher ,Company, Inc., 1691 As- bury Street. Passed, adopœŒ and' _.ed this 29th day of May:, :t9'13. Josepb. J. Bitter M,aym- Walter A. Pregler Allan, T- T/ì0Dl& Wa~ A.. Moldenhauer C. Robert .ruslmann Councilmell RESOLUTION N'o. 180-73 _ÐltiJM, applications> for 'Beer perDl!ils were filed by tIœ. within øame. appli<:auts, and they h.."" received. apJm>'n1 of this Coun- cil. and wœIJ:iltBAS, th.. premi- 1<>, be IJCC'Iq>ied by sneb applicaats were iDspetted aDd found tø. e.. œ ply wllIIo 1Ibe aldina....s '" this City and they II""'" filed. proper bonds; - 'IæEII.EWoRE BE IT RE- SOLVED by tile City CoIutciI of the- cl~ of Dubuqne,Iowa, that the Manager be authorized to cause to be issued to the following named I applicants a Beer permit. CLASS ...... BEE,R PERMIT Phillip T.. Langas, 1:IØ5' Loras Blvd. B'E IT Fu.RTHEæ. RESOLVED that the bonis filed by such ap. pIicaAts. be and the same are here- by approved. Passed, adopted and approved this 29th day of May, 19'13. Joseph J. Bitter IIfa,yor AiIIan T. Thoma Wayne A. MoJdMnàauer C. &bs!rt JlI5.tmann ~iJ.m... Attest: Leo F. Frommelt Cü¥ Clerk 'Counctlm.... Thoms moved adop- tin" of the- resolution. Seconded by ComIciIman JlloIdI!nIraner. Car- rieif by tire followi!rg: vote: Yea~IIfaynr Bitier, Councilmen .Tustrnann. Moldenhauer, Thoms. N1Iys-Councilman Pregler. Attest: Leo If.. FrnmDlllll City Clerk CO1mcilnoan !'reeler lIIOVed adop- linn of tIœ.. resolaman. SecOl1ded by ]1;- Bœter. Cam.. by the foHoWÌJ1g' vote: Yeu-lIlayor BiUer~ CounciIm"" Justmaan, lIloideDhauOl:, Pregler, Thoro.... Nays-None. RESOLUTION Me. 112-71 ~, apJlIiœtiotß u. Beer permita were tiI<Id iJyo the withia names applicants and they have r.....ed the a_...al of flHe COun- cil; and WlHP»mAS, the, premises - lie occu¡pied by such appIicam. were inspected ad found! to e 0"" ply with, 11Ie ordIna....eSi' of thia City and they'u"e filed proper bonds; NOW THEREFOOE: BE IT RE- SOLVED by' the WT Council <if the CitY' 01 Dltl'.o1qøe; Iowa, that the.lllanagerbe auUlUrized to cause to ""'lowed to tàe&J!Iowing named applicants a Beer permit. RESOLUTION 110. m-73 CLASS "B" BEER, PERMIT WHEREAs, IliPpUca!iollS for Beer N=n ~ ~=~, Sr., Banker pern¡jJ¡& have been submitted to Charles R. Haas, McAleece Fields. this COImcil for sppr¡wa¡ and ~e same have heen, exa.mined; NOW CLAS'S uC" BEER PE'RMIT ~ Beecher Company Inc., 23!19 White BE. IT I!EiSOLVIID boy, the City Sfreet. Council œfi the- City of D, Ubo" que,! Beecher Company, Inc., 169J. As. Iowoa, tbe.t ÜIe ~iBg applica- bury Street. 1iIJaaœ......ted.lII\d:perlWols,j¡¡sued ì B,E IT FURTHER R&9OLVED ",on, ¡b" ~-.. ,wiüo, the, that tile bMds fiIélll . 811ft ap- t.emJ1e¡ øi üo.. oodimmcea 01 the , ¡ji"""ts.... - the S21ll\f aæ bere. City. ¡by SPP-. 296 Special Session, May 29, 1973 Passed, adopted and approved tbis 29th day of Ha)', 1m. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. MoJdenhauer C. Robert Justmann Councilmen Atte6t: Leo F. Frommelt City Clerlt 'Councilm... Pregler moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, <:Ouncilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION ND. 183.73 WHEREAS, applications for Li- quor licenses have beeo sulmtitted to this Council for approval and the same hsve been exaJDined; NOW mEREFORE BE IT RE- SOLVED b)' the City Council of the City of Dubuqne, Iowa, that the following applications be grant- ed and licenses issued upon the comPliance ...th the terms of the IOWå LIQUÒR CON'11ROL ACT- Cl'IAPTER l3l-as ameaded by the 64th General Assembly, 1m. CLASS "C" (COMMERCIAL) BEER LIQUOR LICENSE Riverside Bowl, Inc., 1860 Haw- thorne Street Passed, adopted aDd ,approved this 29th day of Ma)', 1m. Joseph J. Bitter Mayor Walter A. Pregler åI!al1 T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frotnmelt City Clerlt Councilman Pregler moved adop- tion of the resolntion; Seconded by ,Mayor Bitter. Carried by the foUowing vote: Yeas-Mayor Bitter, Councilmen Jmtmann, 1J0ldenbauer, Pregler, T1ìoms. NaYs-None. RESOLUTION NO. 184-73 WHEREAS, applications for U. quor permits were filed by the ,."", within named applicaots and they have received the ~val of this Council, and WHEREAS. the ,premIses to be occupied by such applicants were in&pected and found to compiy with the State Laov ...d all CitY or- dinances' relevant thereto and they have filed proper honda. NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- can1i& a LIquor license. CLASS "C" (COMMERCIAL) BEER LIQUOR LICENSE lU~e Browi, !Iiic.; 1860 'H_. thorne Street Passed, adopted and approved this 29th' lis)' of May. 1973. Joseph J. Bitt... Hayor Walter A. Pregler Allan T. Thoms Wayne'A. Moldenhauer C. Robert Justmann Councilinen Attest: Leo F. FromJDelt City Clerk Councilmsn Pregler moved adop- tion of the resolu1ion. Seconded by Mayor Bitter. Carried by the foUciwiDg vote: Yeas-Øayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. At 9:50 P.M. Councitrnan Just- mann moved to go into executive session to consider appointInents to Boarda and CommIosioll6. Se- conded by Councilman Moldenhau- er. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, MoJdenhauer, Pregler, Thoms. Nays-None. <:Ouncil reconvened in regular session at 10:12 P.M. and Mayor Bitter announced the appointment of Allan Carew !AI the Planning snd Zoning <:Ommission. for a five yea.- term to 5-24-78, and the re- appoilltrnent of WIlliam Knapp to the PItnDing " Zoning Commtsslon for a five year term to 5-24-78. Couneilmaß _mis' -.4" ratift- cation of the appoint_ts. So- tbnded b)' CoUllcitrnlll J1ustmann. Carried by the following vote: 297 Specia1 Session, May 29, 1973 Yeas-Mayor Bitter, Councilmen Justmann', Moldenhauer, Pregler, Thoms. Na~None. There being no tfurther busi- ness Councilman Justmann moved !AI adjourn. Seconded by Council. man Pregler. Carried by the fol- lowing vote: Yeas-Øayor Bitter, Coundlmen Jwrtmann, Moldenbauer, Pregler, Thoms. Nays-None. Leo F. Frommelt City Clerlt Approved ......,.............................1973 Adopted ...".................................1973 Counci1lDCn Attest """ëïiÿ"'ëi;;k"""""""""""'"