1973 June Council Proceedings
Regular Session, June 4, 1973
299
CITY COUNCIL
(OFFICIAL)
Reoular session June 4, 1973.
Council mot at 7:30 P.M. (C.D.
T.).
Present- Mayor Bitter, Coun.
oilmen Justmann, Moldenhauer,
Preoler, Thoms. City Manager Gil.
bert D. Chev_lIe.
M..~or Bitter rood Ule call and
stated ,that semœ 1Jhereof had
been dUlly made and this is the
reoular monthly meeting of the
CouneileaUed for the purpose of
acting n¡JOn such buoiness as may
pio¡Je~ly eonie I>efore ,the meeting.
Coonci:Iman Moldenbauer moved
tbat the rules lbe s""P"nded in
order to let 'anyone present ad..
dress the. Couneiil ;f they so de-
sire. Seoonded by Councilman
Thoms. Carried by ,the following
V<J4Ie:
Yeas-Mayor Bitter, Couneßmen
Justanann, MoIdenh"""", Pregler,
Thoms.
Nays~None.
Mrs. Jacqueline H. Herourger
addressed the Council relative to
the Thi..çenlenmal œJelbration and
the re-enactment of Jolliet-Mar-
quette expedition on ,UleMissts'sippi
River.
Comm1JllÜation of Leo SelhUSllJer
et UX, semar citizens, showing con-
cern for be future of bUIS oper¡ation
and also requesting emoreemem
of the dog ordinance in the area
of 1064 Cleveland Ave., presented
and rood. ()ouncHman M<>kIenhauer
moved that .tIIe communication be
received and fided and referred
to 1II1e bus IfiJe and also to the
HeaWl 'Department. Seoonded by
Miayor Bitter. Oarr:ied by /.be fàl-
lowing ,vote:
Ye_Mayor Bitter, Co1l1lCÜmen
Justmann, Moldenhauer, Preg¡ler,
Thoms.
Nays~None.
.Communicalion of Mrs. Jobn
Corbett objecting to some of the I
present bus roIrtes more parfu:u-
lady III!I'ecIting the sid: and younger
ocIbool ehndren and hoping for a
better system, presented and read.
Couooillman Màldenb..uer moved
that the co!ILIDumootion be receiv-
ed IOnd. med 'and refer to tlJe bus
.'" "
file. ~conded by Mayor Bitter.
Carried ,by ,the following V<>te:
Yeas-Mayor Bitter, Couneiilmen
Justmann,MOIIdenbauer, Pregler,
Thoms.
Nays-None.
Comm1llllicalt:ion of Mrs. James
Pearooo requesting pernnission to
address the Council, a,t 1ms. meet.
ing, relative to Oity HaM renova-
tion, presented <and read. Council-
man Tboms moved tbat the com-
mUDlÎcation be r""¡oved and filed,
along with a prepared statement
she read to 1iN Coun<!il. Seconded
by CouooiJman, Justmann. Carried
by the following vote:
Yoos-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Tooms. .
Nays-None.
Mr. Paul Rossiter prese'ptedthe
Council with ,a ,booi<let or propósal
entitled "The June 41th 1m addi.
tions to the May 3, 1973 proposal
for renovation of the City Hall,
Dubuque I<>wa" 'Which ouffined a
combined County.(Jity form of G<>-
overnment, iocIudinig'""",o[ ad.
joining 'buiil<iing., around he City
RaJa, at a total estLmated cost
of $3,915.691. A' master plan CòUlld
be considered and renov>ation coold
be done in .s:ta,ges. A plan COU'ld
be adopted now, for future eounci15
to follow.
May 31, 1973
Honoralble Mayor and
Members of Œty Council
Transmitted herewith is a pro-
poso[ J;rom R. Hampton & Co.,
Ine. for the pureh..e of Parcel
4>-2 in tlle DUbuque Uroan Renewal
Projeet together with a bank mo-
ney orner in the ,..mount of
$17,000.00 representing 10% of the
purei>ase prÎlCe of said Parcel.
'l1be pl'O )Ol>Bi\ is con1ingent n¡JOn
the Mlowing :
1. A &tudy from Eugene W. SIJu-
nard, MM, SßJA of Clúcago, 1:1.
linois indica.tiug that it woUlid be
CICODomicaUy feasIDIe to COJ]l<¡1rurt
and operOlte not less than a 140
unit motel 1I¡pOn the real estate
to /be acquired.
2. A grant of wanelbise to ope.
r..te the proposed motel upon the
"...bjeot sille from Ra;m..da Inn, Ine.
of Phoenix, Arizona.
3. An expression of commitment
by .the Oity of Dubuque to issue
Regular Session, June 4, 1973
301
Regular Session, June 4, 1973
an appropriate beer and liquor Ii- . ably resol'Ved, R. Hampton & Co.,
cense for <be proposed motel. I Inc. stands ready 1.0 enter into
4. Assurance that there are no ' the formæl contract to expeditious-
easements of any nature whieb Iy carry tJhe project fol1Waro.
W<>Uld impede or prevent the fun ROOert E. Hampton
utilization of 1iN Parcel to be "". Mr. R. Ha,mpton, Ray Mills and
quired for motel purposes. Attorney Robert Berliseh address-
5. Son condòtionos that will not ed lite Council hoping for a favor-
prevent the construetiOll of a SItrue- able response from the CouncIl
ture 6ix floors above 1be Main and particu~arty stressed tbe time
Street level. element. of. 60 days to co_lete
The above $17,000.00 good f..ith tJhe fea~ibiJ.ity study.
deposit is to be returned to 'R Councilman. Preg¡ler moved that
. . tbe proposal be referred for proper
Ha,mpton & Co., Inc. m ~ eY"~ proceedings. Seconded by Council-
that. any .of tbe above 'dentì!ied man Moldeobauer. Ca.rried by tIhe
continge_.. preveDJt tile project. following vote'
~-r.m':r ~a,v~=~ fe~:~~ Y eas-Mayo~ Bitter, Counci!men
i. not gra~, oaä.sfaetolry d?"u- =:.00, Moldenhauer, Pregler,
men.tary ev,denee wiIllJe PfOVIded Nays-None
tbe City of 'Dubuque as a condition .
to the <Eiturn of the $17,000.00 good
bitb depos>t.
It is anticipated that it will reo
quire 60 days to obtain the feasi-
biJity stu<ly from Mr. Stunardand
the flran:cbise from R>amada Inn,
Inc.
The following inform1ltion ill sub-
mitted in support of Ibis propos¡al.
1. R. Hampton & Co., Inc. i.
a corporation ",ho!&y owned and
managed by Mr. Robert E. Hamp-
ton of Sterling, DIinois. Mr. Hamp-
ton has been a General Contrac-
toc since 1956 and has built many
m"jor projedls ,witlJin 50 mtles of
Sterling. The Com¡>any has been
the geneNl contractor for fuur mo-
tels ¡oooJled ..t (1) Sterling, Illi-
nois f1l0 UDlÎt Holiday Inn); (2) I
ruoron, Illinois (00 unit addition
to Ramada Inn; .(3) PrineeIon, n-
linois (110 UDlÎt Voyager Inn); and
(4) Rock F.a!Is, TIlinois (120 unit
R..mada Inn).R. Hampton & Co.,
Inc. i. one of tI1e priøcipd de-
velopers of IheRock Fans Ramada
Inn. The firm together wiIi1 its
dfW.tated firms has had an an-
nual voM1me 011 over $2,000,000.00
for the past tbree ye..rs.
2. R. Hampton & Co., Inc. has
held a preliminary meeting with
representatives of tbe Ft'Ve Flags
Center FuDd, omd is..ware of tlJe
prOlP""ed Main Street treatment
and agrees in principal to the ne-
"""",ty <if the compatibility of at-
obiteeturæl fearores and harmony
with tbe propoaed Five Flags Pro-
ject.
If aI! contingencies are ~alVOf-
300
claim be referred to COty Attorney
fur proper action. Seconded b y
Councilman Moldenhauer. Carried
by libe following vote:
Yeas-Mayor Bitter, Councilmen
Juotmann, M<>kIenhauer, PregJer,
'lbom.s .
Nays-None.
Petition of Phi1IIip Langas re-
questing a refund of $56.25 on OJass
C beer license #0569, lireenoe
changeover, presented and read.
Mayor Bitter moved that the re-
fund be gil1anted and ,libe Auditor
instructed to i...,e proper warrant.
Seconded by Co1IDlCÜ1lllan Molden-
hauer. Carried by the foliowing
vote:
Yeas-M.ayor Bitter, Councilmen
Ju&tmaoo, Moldenhauer, PregJer,
Thoms.
Nays-None.
MOlY 24, 1973
Honorable Mayor and
Members of City Couneôi
Re: Urlban Renewal Site
Piareel No. 2-6
The p...".,.., of ,tbiø letter ÌB b>
convey certain idoos and >['O >OO"¡,,
of Loriœ Inc., au Iowa Corpor;a-
tion reg.aromg the redevelopment
of approXlÍmately 22,908 square feet
of tlJe south 144 feet of lot 1 of
block 5 in the Dubuque, Downtown
Pia...
On Ibis SÌIte LoriJceInc., -
to construct a one story odIfice
btrilding and pamng lot. The build-
ing will be oeeu¡pied by libe Iowa
EmploymeDJt Security Conunission.
TbiIS modern aestbetie buHding
wID. contadn 'approxima,teiy 10,125
square feet of business and admin-
walJive falClÎlÜtieø. Th actual d""ign
of the btrilding is sbown in the
attached arebitecual d r a '" ings.
Some of the general features of
tbe building ate as follow,,:
(a) The bui:lding wnq co...i«t of
an all steel frame wi.th random
na.tive W>estone veneer.
~b) Windows and donra will be
tinted gray Øass with bronzed aIu.
minum frames.
(c) The buiJdiog .wj ¡ be air.
eondi1lionedand "'-"cally heated
with indiVlidu:a.i room eonIroIs.
(d) The parlring lot i. to aspha t
with concrete cum and gutter.
(e) The entire site will be de-
signed witù varioU/ areas deoign¡a.t-
ed to grass, shrubs and trees.
The buHding will be conotrueted
by Dubuque Blaekitop Company of
".,¡,;oo Lorice, line ÍJs an ailfitiai\e.
Lome, Inc. i« a real estate ren.tal
corporation. Its stoethodder" h<we
bad past experience in real -
estate development. The entire
project will be 1Iinaneed, engineeo-.
ed and desôgned by JooaI qualified
bUiSin"""""en.
We believe tms proPOSæl meets
IIbe Urlban Renew>al Plan objectives
aslibe land ÎiS being redeveloped
for the use of a to-be dis¡ptaeed
tenant. The buHding will offer ex-
tremely attl1actWe, tasteful and
functional fætures to downtown I>u
buque.
It is reopeeiI:ively submitted that
libe Council carefully consider this
propos.al and approve !hi« project
May 29, 1973
To tbe Honor.able Mayor
and City CoUUlCil
A peti.tion bas been received for
a street tigbt at the intersection
of B1H'!ington and Stoltz Streets.
The elecu-;"al inspector bas inves-
tigated the situalion and it is re-
recommended that a 4000 lumen
ineaD<!escent IigIrt be ins.taIled at
tbis location.
Gilbert D. Obavenei]e
City Manager
Co1l1lCÜman Pregler moved ap-
proval of the reeommend:>tion. Se-
conded by Mayor Bitter. Oanied
by tùe following vote:
Yell5-Mayor Bitter, Councilmen
Jœtmann, Moldenhauer, Pregler,
Thoms.
Na~one.
Proof of PUJ¡J;¡eoüon, eeröfied to
by the Pwblisher, of Statement of
Receipts and Disbursements .and
list of cIa;arw for Arpil 1973, pre-
sented and read. CouncHman Preg-
ler moved that the proof of pubIi-
ealion be ;received ,and filed. Se-
conded by Mayor Bdt\eI'. Oarried
by the ~ voœ:
Yeas-Mayor BItter, Councilmen
Ju"tmaoo, Moldenhauer, Pregler,
Thoms.
Nays-None.
Notiœ of ciaòm of Joseph A.
Bueroltens, in an undetermined a-
mount, for personal injuries receilv-
ed in a fan on W. 28th Street
due to icy conditio... on April. 11,
1973, presented and read. Mayor
Bitter moved that the notJiee of
Petition of William H. Baker reo
queoliing a refund of $2lil.25 on
unexpired porttion of combination
beer-liquor lieenoe No. C-4098, dis-
continued busdness on 5-1443, pre-
sented and read. Mayor B;tter m0-
ved that the refund be granted
and the Auditor inatrueted to is-
sue proper warnant. Seoonded by
Councilman Mo1denbauer. Carried
by the follmVling vote:
Yeas~Mayor Bitter, Councilmen
Justmann, MoIdenh..uer, Pregler,
Tboms.
Nays-None.
Petition of Interstate Power Co.
(forward from meeting of ¡;.æ-7ß)
requesting permØioo to addreso
the Council to explain matter. ....
l..ted to po1ilution control financing
and requesting .the adoption of a
resolution, presented and read.
Mr. Bob Dyer and Mr. Ed. N'1cl1-
olson, repreoentatives of Interstate
Power Co., mentioned ,that their
company intends b> install addi-
tion..l Precipita,tors and requested
libe Council to consider a resow-
lion and memorandum of agree-
ment between tbe City "nd inter-
state Power. Co1l1lCÜman Thoms
moved that libe request be referred
to next Monday'. meeting of the
Councit Seoonded by Councilman
Mo1deniba.uer. Carried by the ful-
lowing vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Preg'ler,
Thoms.
Nays-None.
302
at the ea,rliest possible date for
the benefit of all partlies concerned.
Loriee, 1m:.
Mauri.ce E. Humke II
Secretary - Trea,surer
Councilman Pregler moved 1Jbat
the communication be reeei<ved and
..led. Seconded by Councilman Mot
denhauer. Carried by the f<iJi<¡lWing
vote:
Ye..,......Mayor Bi\¡ter, Councilmen
Justmaun, Moldoohauer, Pregler,
Thoms.
Nays~None.
RESOLUTION NO. 185-73
Declaring Intent to sell a portion
of the Downtown Urban Renewal
Project, Iowa R-15, to Lorlce, Inc.
WŒJE)REAS, under date of May I
7, 1973, the Council of tile City
of Dubuque ,adopted Resàlution No.
15&-113 wI1icl1 approved a'nd "UÜlO-
rized ,the recei¡>t of p~sa1!s for
tile sale and redevelopment of a
certain parcel of rea! estate in
the Downtown U11ban Renewal Pro-
ject, Iowa R-il5; and
WHEßEAS, pul"&uant to said re-
~ution, a notie<! of In'Vitation for
pro )OSIOls was pub!ôsbed in the
Telegraph-Herald, a newspaper of
general cireubtion in the City of
DUibuque, IOIWa, on May 8, l!rn,
and May 15, 1973; and
WHEREAS, in response to said
offering, a prop08'al for tile pur-
ch...e and redevlo¡pment of the
real estate w>as received !\rom Lo-
rice, Ine; and
WlHEiREAS, pursuaDlt to Cbap-
ter 403 of the Code oil Iowa, as
amended to date, and eerta!in re-
gulations of the United States De-
partment of Housing and Urban'
Developmetn, certain documents
must be made av:ill.3!ble fur pub-
lic insi¡>eCtion and a pubJie hear-
ing condooted; now therefore
BE IT RESOLVE[) BY TH!E CI-
TY OOUNClL OF 'I1HE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Du-
buque hereby declares its intent,
after a pubJie hearing, to dis¡>ose
of the South 144 feet of Disposi-
tion pa,r<:el 2-6 in the Downtown
UrlJan Rooewal project, Iowa R-
15, to Larke, Inc. in accordance
with tile terms and conditions of
the Lsnd Marketing Documents
g"",ernin4! such sale on file in the
œfice oil the Department oil Hous-
ing and Redevelopment.
Regular Session, June 4, 1973
Section 2. Tbat the City Clerk
be and he is hereby authorized
and directed to publish notice of
pu¡,œ hearing to be held on JUily
9, 1973, and to make certain docu-
meDibs ava,ilable fur pUlbJic insPec-
tion. Sueh M1i£e shall be s u b-
stantia!ly in the form of "Exhibit
A" attached hereto a,nd made a
part hereof, and sueb notice may
co- one or more proposals.
Passed, appro'Ved and adopted
this 4Ul day of J.une, 1973.
Joseph J. 'Bitter
Mayor
Wa!ler A. Pregler
Allan T. TholD5
Wayne A. Moldenhauer
C. Robe~t Jus.tmann
Couneil:men
Atteslt:
Leo F. Frommelt
Oity Clerk
EXHIBIT "A"
LEGAL NOTICE OF HEARING
p"l'Sua,nt to Chapter 4œ of tile
1966 Code of Iowa, as amended,
the Ci,ty Council of the City of
Dubuque w>ll bold a public hear-
ing for tile pur¡>OSe of considering
the authorization of tbe exec<Jtion
of propused agreemeDibs by and
between the City of Dubuque and
the de'Velopers hereinafter listed
fur the purehase and redevelop-
ment of certain parcels of real
estate looa,ted in the Downtown
Url>an Renewal Project, IOIWa R-il6,
wbieh project includes the area
bounded by FOUl".th Street on the
south, Coni....! Avenue on the east,
Ninlh Street on the OOI1h, and
¡",.,ust Street on the west.
Name (jf developer, Lori.ce, Inc.,
Address, Mlddie Road, Dubuque,
Iowa.
Said hearing wil'l be held in Coun-
cil Cbambel'S, Oity Hall, l3ith and
IOIWa Streebs, DUlbuqu<!, IOIWII>, at
7:30 P.M. on the 9th day of July,
1973, and a,ny person or organiza-
tion desiring to be heard win be
given an op¡portUD>ty to be beard
on tile question of the proposed
mspositions.
A "Redeveloper's Statement fur
Public Disclôsure" in tlJe form
prescribed by tIhe Depa,rtment of
lInusing and U~ban Development
and the p~sed "Disposi tion
Agreement" for each of oaid de-
velopel'S are on me and "vail-
a,ble fur inSIPection at tbe office
.o"'~'
Regular Session, June 4, 1973
of tile City Clerk, Oity HaW!, Du-
buque, Iowa between 8:00 A.M.
and 5:00 P.M. except Saturdays,
Sundays, and holidays. Said docu-
ments shall am be availabae at
the time of the public hearing.
Leo F. Frommelt
Oity CleI'k
Mayor Bitter moved adoption of
the resolution. Seoonded 'by Coun.
cil= Moldenhauer. Carried by
tile following vote:
Yeas-Mayor Bitter, Couneilmen
Justmann, MoJdenhauer, Preg¡ler,
Tboms.
Nays-None.
RESOLUTION NO. 186-73
WHEREAS, the sale of beer and
liquor have consistenUy provided
some very necessary funds into
the cofifers of the State, County
and City '!1reasuries over the ye....,
and
WHEREAS, Sunday openings in
rea¡;¡ty is not a Chriotian, moral
is6ue in itsel:f, and
WlIEREAS, the economic and
moral stability and the financial
1Iibre of the entire State wåIl be
.sl:reni¡¡lihened, and
WHEREAS, the progr-ve
trend of our neigiJiJoring States
bs been manifest in the enact-
ment of modem beer and liquor
laws, and
WHEREAS, contrary to elaborat-
ed oraltory, the sale of alcobolic
bever.ages on Sunday, statistieally,
will not signifieatively increase the
drunk-driving or the disease of al-
cohoœm, and
WHEREAS, it is in the best in-
terests of the Oity oIf Dubuque
to ha,ve tile prilVi!ege of Sunday
openings.
NOW THERE'FOR'E BE IT RE-
SOLVED BY THE CITY OOUNClL
OF THE OITY OF DUBUQUE,
IOWA:
Section 1. That the City Connell
of the City of Dubuque requests
tlhe Speaker of tile Iowa House
of Representatives to act expedj-
ti<>usily and affirmatively on tile
motion to reconsider the legisla-
tion to legalize the Sunday s,a,les
of beer and Liquor.
Section 2. That this resolution
be made avllllal>le for examination
of tile membero of the General
Assembly.
Section 3. That it be intended
that the City Couocll of Dubuque
303
Iowa deems it in the best interest
of Dubuque that Sunday opeDlÎngs
be passed.
Section 4. That the City Clerk
attest to the above action, and
fol1Waro s,ame to the Speak"" with
haste.
P,assed, adopted a,nd approved
this 4th day of June, 1973.
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
CoUJJci\men
Mtest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of lJhe resolution. Seconded
by Councilman Justmann. Carried
by the fuUowing vote:
Yeas - CountJilmen Justmann,
Pregler, Tboms.
Nays- Mayor Bitler, Council-
man Moldenhauer.
March :!l, 1973
The Honorable Mayor and
Members of the City Council.
Rom.., Inc., an Iowa corpora.
tion, the owner, and Inns of Iowa,
LTD-Dubuque, an Iowa corpora.
tion, Ü>e contract purcl1aser of ¡be
following de.<lCllÎbed real estate:
That part oi Lot 1 of Lot 2
of Hawkeye Stock ~rm in Sec-
tions z¡ and 28, TownshiP 89 Nor1lh,
Range 2 East of tile 5th Principal
Meridian, and a vacated part of
Di'VIsion Street described as ful-
lows: Commencing at the Easl: One
Quarter Corner of Section 28, Town
sbip 89 NortlJ, Range 2 East of
tile 5th P~ipal Meridian, being
in Dubuque TownShip, Dubuque
County, Iowa; thence South 481.07
feet on section line between Sec-
tions 28 and 2fl, TownsI1i¡> 89 North,
Range 2 East of the 5th Principal
Meridian to southerly Right-<>f-way
line of U.S. Highway No. 20 and
point of begjuning of the street
fx> be "acated; !hence NortIJ 88
degrees 14' East alœg said sou-
tberly RiIgbt-of-way line, 30.01 feet
,thence South 476.77 feet to north
line of Orchard Street; the n c e
Soulih æ degrees 50' west, 3O.t7
feet along said nor:th Une of Or-
chard Street to said seeti<>n line;
lhenee NortIJ 479.08 feet along said
sec1Jiooline to point of beginning,
,and Commencing lilt the East 000-
Qua11ler Corner of Section 28,
304
Regular Session, June 4, 1973
To_ship 89 Nortb,Range 2
E81't of 1Jbe 5th Principa¡ Me-
ridian; dlence Soutb 431..07 feet
along tlJe section lIÎne between See.
tions 28 and 27, Townsbi¡p 89 Nor;th,
Range 2 EMt of the 5tb Princip9!1
Merildian to the southerly Rigbt-
of-way lIÎne of U.S. Higbway No.
20 and the point of beginning;
tbence Soutb 88 degress 14' West,
3.0 feet along said Right-of....ay
line; thence Soutb 479.31 feet to
the Nor1lh line of Orohard Street;
tbence Nor1lh 83 degrees 50' East,
3.02 feet along said NorIh lIÎne;
thence Nor1lh 4179.08 feet to tbe
point of beginning, aU lying South
of the soutbedy Right-of-Way line
of U.S. ~way No. 20 in Dubuque
Township, Dubuque County, Iowa,
and is totally described as f 0 1-
-: Commencing at the West
One-Quarter Corner of Section 27,
Town!lhip 89 North, Range 2 E&ot
of the 5th Principal Mer idian;
thence Sou.tlh 431.07 feet to the
southeriy rjght-of-way lIÎne of U.S.
IDgbway No. 20; tbenee South
88 degrees 12' 41)" West, 3.00 feet
to tile point of beginning; thence
Nor1lh 88 degrees 12' 41)" East,
891.41) feet aJong said soutber I y
rigbt-of....ay lIÎne; tbenee SOl> t h
1 degree 9' 16" ¡;;"st, 225.60 feet;
thence South 88 degrees 34,' 50"
West, 3(13.00 feet; thence Sou t h
3 degrees 19' 41)" E'ast, 69.92 feet,
thence South 86 degrees 40' 16"
West, 15.00 feet;tbenee South
3 degrees 19' 41)" EæI:, 1«1.75 feet;
thence Sol>th 83 degrees 50' 15"
West, 563.00 feet; thence Nor1lh 4119.
30 feet to the point of beginning;
a plat of wIrleib is hereto attaeibed,
hereby petition that the Ci.ty annex
so much of that portion of U.S.
Hiigbway No. 20 ex;tending from
tbe in1leNOCtion of Highway No.
20, Wacl<er Drive and D i'VÏSiÍon
SlreeIt, east, as the Oity feels ne.
œs.sary to make the above de-
scribed real estate contiguous to
the City lim>ts of Dubuque, and
tIlat immediately tbereMter the Ci.
ty annex the abo'Ve deserIDed real
estate to the City of Dwbuque and
zone the property Local B"""'-
Dislriet "B".
Inns of Iowa p~ to build
a Ramada Inn with 150 or more
units, restaurant facilities, lounge,
meeting rooms, indoor pool, a re-
erealtion area and a gasoline fiming
station on the premises at the ap-
proximate cost of $2,500,000.00, con-
Slbructioo to coromeooe as soon as
pwmissible. .
The annexation of a portion of
U.S.~ay, No. 20, the ~y
in question, and the zoning tIlereo!,
will. nawaHy take con sideral>le
time, and your Petitioners request
tIlat tile Oity permit tbe Inns of
Iowa to use the avMilable water
and soon to be BIVIOilable sewnge
facilities prior to anne""tion and
zoning in order not to delay con.
struction of the Complex.
Tiley will. pay the usual a-
menil: for the w..tor, which bas
recently been insiaJled in front of
tile premises, ILt the present rate
of $2.25 per linead foot, and 'NiIl
buiJd at their MVI> expense a eon-
neoting sewer lIÎne from the Catfish
interceptor sewer wIrlch is present-
ly being construeted to their pro-
perty and pay wIlatever C'harges
tIlere are in connecting to the j¡n¡ter-
ceptor sewer.
In consideration of being permit-
ted to use tile water a,nd sewage
facilities, your Petitionel'lS will en-
ter into a contract with the City
in terms acceptable to the City
rela,ti'Ve to annexaJtioo.
In the evenil: construetioo is start-
ed prior to anneJ<ation and zoning
the s.ite and any buôl<finlls tbereon
w'ill be constructed in accordance
with the my Building Code and
Zoning llLws.
Sòneere!y ,
ROMAC, fNIC.
By Wilma A. MeIN..mara
PresideDII:
JlNNS OF IOW,\., LTD.
DUBUQUE
By M. M. Cooney
Its Attorney
Attorney M. M. Cooney address-
ed the Council in behalf of the
petition of Romac me. and Inns
of Iowa, l/I1D.J>UBUQUE, by st..t-
ing tIlat construetion of the facili-
ty would cost approx.imate1y tlwo
and ooe-bdf mi!JIon dolIars and
would employ thirty to furty pe0-
ple. FinW1cing has been ananged
and a f1\anchise agreemenil: bIOs
been presented. It was generally
agreed the City eouad SUNort two
mote... Mr. I!å!il Henig of the
Building Trades expressed an idea
as being in flLvor of annexatioo.
.Mrs. Paul Franzenberg stated th8t
Dubuque is a jewIel of a City and
Regular Session, June 4, 1973
that a RJamada Inn would be a
great asset to the City.
Councilman Pregelr moved that
the Mayor be authorized to sign
an agreemeDJt and the matter be
referred to the City Solicitor for
proper prOCeedingo on anne",alt:ion.
Seconded 'by Councilman Thoms.
Carried by the ioMowing vote:
Yeas-Mayor Bitter, Councilmen
Pregler, Thoms.
Nays~unciJ.men Jus t mann,
M<>kIenbauer.
April. 20, 1973
Honor"ble Mayor and Coun.ciimen
Tbe City of Dubuque Planning
and Zoning Comnùssion has consid-
ered the petition of Rom.., Inoor-
po~ated for annexatioo of a p...eel
of 7.61-2 acres lying south of U.S.
Higbway 20 and east Of Division
Street in Dubuque Township, Du-
buque County, Iowa.
The pe1Jitioner bas indicated an
intenJt w erect a motel and certain
accessory uses on the property,
and to provide vebicwar aceess
to it via DÌIViSion Street and an
existing entrance way to U.S. H1gb.
way 20 east of the property. It
bas also been determined that a
portion of the right-of....ay of U.s.
Higbway 20 must also be annexed
to provide contiguity to the Romac
paree;¡.
The Planning and Zoning Com-
mission has considered that the
proposed Jobn F. Kennedy Road
Corridor Study WlilI not bear upon
the anne",ation or development of
thiS parcel. Tile Commi8sioo
also detem1Jined 1hat the sanitary
sewer and water services of the
Oity of J>uibuque wiH he a'VaiJlab1e
to the property.
It is the finding of the City of
Dubuque Planning and Zoning Co-
mmissioo that the Romac property
and an adjaceDII: POrtion of the
right",!<woy of U.S IDgmwy 20
qwrliiiy for annexation to tile City
of Dubuque. It is the reeommenda.
tioo of the CoDllmissiion that tbe
property be annexed ILS proposed.
CITY PlJANNlNG AMI ZONJNG
OOMMlSSIONo
Daniel Dittemore
Development Planner
Councilman Pregler m ov e d
thail the commUDlÎ"..tion be receiv-
ed and filed. Seoonded by Coun-
cilman Moldenbauer. Carried by
305
the foJ.lowing vote:
Yeas-Ma,yor Bitter, Coune.ümen
Moldenhauer, Pregler, Thoms.
Nays~unciiman Justmann.
Proof of Publication, certified to
by tbe PubJ;sber, of Notice of time
and place of hearing on vacation
and cliS X)S"1 of interest in real
estate, Lot 2 of 2 of RandaU's
Suib. No.2 to ClemeDII: F. & An-
geline C. PoIfer, presented and
read.
No written objections were filed
and no ol1al objec1ions were preseDII:
in tbe Council Cbaml>er at the
time set for tbe hearing.
Counci.lman Pregler moved thalt
the proof of pu!bMcation be reœi'Ved
and med. Seoonded by Councilman
Thoms. CarTlied by tile following
vote:
Y~ayor Bitter, Councilmen
JUiStmann, Moldenhauer, Pregler,
Thoms.
NIOys-None.
ORDINANCE No. 27.73
An ordinance vacating Lot 2 of
2 of Randall's Subdivision No.2
in the City of Dubuque, Iowa, Iy.
ing within the right of way of
U.S. Highways No. 52 and 61 and
151 and Kerrigan Rood,
said Ordinance hlWing been pre-
viousiy presented a,nd read at the
Council meeting of ApriJ 23, 1973,
preseDJted fur finail adoption.
ORDINANCE NO. 27.73
WHEREAS, on March 13, 1973,
ClemeDJt F. PoJifer filed a petition
witb the City Council of the City
of Dubuque, Iowa aoidng fur the
vacation and conveyance of por-
tioo of:
Lot 2 of Lot 2 of Randaill'. Sub-
division No.2 in the City of
Dubuque, Iowa,
a,nd;
WHEREAS, City Council of the
City of Dubuque, Iowa finds and
determines that said petitioner and
his predecessors in title ha'Ve paid
taxes on said property for some
thirty (30) years Jasit past, and;
WŒIEIREAS, the City Council
tiinds and determines that a par-
tioo of said property lies within
tbe right-of....ay of U.S. Highways
No. 52 and 61 and 151 and Kerri-
gan Road, a,nd;
WHEREAS, the City COunciil
finds and determines thlLt said por-
tion of said real estate herein-
above described lying within a
right-of-way is no longer needed
-
306
Regular Session, June 4, 1973
for any pui>lie purpose except fur
the 1oeation, m..intenance and re-
pair of an eJdoting sewer therein
situated, and;
WHEREAS, City Council of the
Oity of Dubuque, Iowa finds and
determines that that portion of Lot
2 of Lot 2 of Randa.ll'. Subdi-
vision No.2 in the Oity of Dubuque,
Iowa lying within 1iN rigl>t-<>f-way
of U.S. Ifighwaya No. 52 and t!l
and 1M and Kerrigan Road s!bouJd
be v>acated. I
NOW THEREFODE BE IT OR-
DAINED BY THE CITY COUN- '
OIL OF THE CITY OF DUBU-
QUE, roWA:
Section 1. That Lot 2 of Lot
2 of RandaU'. Snhdivislon No.2
as lies within the rlght-of-way of
U.S. Highways No. 5e and t!l and
151 and Kerrigan Road in Ibe City
of Dubuque, Iowa be and the same
i. hereby vaea.ted.
Section 2. That 1iN City Clerk
be and he i. hereby authorized
and directed to publish notice of
intent to dispose of interest in real
estate as is by law required gioving
no1ree thai!: the Oity intenœ to w.-
pose of same to petitioner for the
sum of One Hundred ($100.00) Dol-
lars tngether with costs of publi-
cation subject, however, that no
improvemenlt be plaeed on .aid
real estate berein..bove described
as lies eas.tward.ly of the concrete
walil located on said premises and
subjeet to a perpetu..l easement
for ingress and egr- and fur
the IDeation and mainten..nce and
~ir of an eJ<isting 78" rein-
fumed concrete storm sewer, and
that the costs of publication be
paid by the petitioner and that
no abstract of title be furnished.
Passed, appro'Ved and adopted
this 4IIh day of June, 1973.
Josepb J. Bitter
Mayor
W~ter A. Pregler
,wan T. Thoms
Wayne A. Moldenhauer
C. Rober:!: Justmann
Councilmen
ATTEST:
Leo F. Fromme1t
City Clerk
Publisbed o!!ficially in The Tele.
grapll-Heraad Newspaper ,tiws 8Ih
day of June, 1973.
Leo F. Frommelt
Ci.ty Clerk
It. 64!.
,.IV .
Councilman Pregler moved ft-
naa adoption of the oroinance. Se-
conded by Councilman Tboms. Car-
ried by the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldeniba.uer, Pregler,
Thoms.
Nay~one.
RESOLUTION NO. 187.73
WHEREAS, pursuant to Resolu-
tion of published notice of time
and place of hearing pu!»isbed in
the Telegnph.JIer:illd, a newspa-
per of generaa ciremai!:ion publish-
ed in the City of Dubuque, Iowa
on May 4, 1973 and May lJl, 1978,
City Council of City of Dubuque,
Iowa, met on the 41!1 day of June,
1973 at 7:30 o'clock: P.M. (Central
Dayiight S..viIlßS Time) in the Oity
Council Cbambel1S, Oity Hail, Du-
buque, Iowa to consider the pro-
posai to dispose of In.terest of the
City of Dubuque, Iowa in the ful-
lowing described real estate to Cle-
ment F. Polfer and Angeline C.
Polfer, biB wif<>, to-wit: Lot 2 of
Lot 2 of Randall's Subdivioi.on No.
2 in the City of Dubuque, Iowa;
and
WIlIEBEJAS, Oity Counell of Du-
buque, Iowa overruled any and
aU objections, oraa or written, to
the propœaa to dispœe of interest
of City of Dubuque, Iowa, in the
aJoo'Ve deserilJed reaa estate to Cle-
ment F. Poller and Angeline C.
PoKer, biB -:
NOW THEHiEFORE BE IT HiE-
SOLVED BY THiE CITY COUNCIL
OF THIE OITY OF DUBUQUE,
lOW,,":
Section 1. Thai!: the dispos..l of
mteresi of City of Dubuque, Iowa
in lI1e follawing described p..rœl
of reaa estate, to-wit:
LDt 2 of Lot 2 of Randall's SuI>-
division No.2 in the City of Du-
buque, Iowa
to Clemenlt F. Poifer and Angeline
C. Polfer, husband and wifIe, as
joint tenanils, fur the purchase
prke of $100.00 plus coSlbs of pub-
lication and no abstract of title
wiJ!. be furnished. The proposed
sade is subject oowever, that no
improvement be placed on s>a!d
real estate hereinaOO'Ve described
as lies eastwardly of the concrete
Wiall located on said premises and
subject to a perpetual easement
fur ingre'" and egre'" and fur
the IDeation and maintenance and
Regular Session, June 4, 1973
repair of an eJOisting 78" rein-
furced concrete storm sewer, be
and the ...me is hereby "' )Proved.
Section 2. That the City Oleri<
be and he is hereby authorized
and directed to de!i'Ver deed of
CU"""yiaJI¡œ coIWe)'!ing saki p..reel
at fOOl estate, bereinabo'Ve describ-
ed, to ClemeDJt F. PoIfer and An-
geline C. Poifer, buoband and wife,
as join¡! tenants, upon receipt of
the P\U'd>a.e pr;œ of $100.00 plus
oosIJ¡ of Publieal!ion and !>h",t no
abs!raet mil be furnished said con-
vey>anee being oubjeelt, however,
to reSltriCllion as II> impro'Vemenis
a. bereiIraòove set fuur1Ih.
Section 3. ThaI 1I1e Oity Clerk
be and Ire is hereby authorized
and di.rooted to record a certified
copy of 1iIis Reso1nfJion in the of-
fiœ of Ute Dulbuque County Re-
curder.
P""sed, approved and a,q,ted
IhI.s 4th' day of June, 11113.
Joseph J. Bitter
Mayor
Walter A. Pre¡ ler
Allan T. 'l'hoIm
Wayne A. MoldeJritauer
C. Robert JustllllallfJ
Coumeilmen
Attest :
Leo F. Fn>mmeIt
City Clerk
Councilman Pregær moved adop.
tiOft fJi the resolution. Seconded
by Councilman TIIams. Carried by
the 1'oiIow1ng rote:
Yeas-Ma:ror Bitter, Counciimen
J_a>m, Moldenltauer, Pregler,
Thoms.
NaYl'!-None.
Proof of Pub!i.eation, certified to
by 1>he PUIbIIol1er, of Notice of tak-
ing bids fur the cons.truction of
the Joint County.;Çjty LaM> EnIforce-
ment Center in 1>he City of Du-
buqne, Iowa, presented and read.
Councilman ~er moved thai!:
the p~ of publiea,tion be re-
ceived "nd med. Seconded by
Couneilmlan Thoms. c..rried by the
foUowing vote:
Yeas-Mayor Bitter, Counci1men
Ju.tmann, Moildenhauer, Pregler,
Tho"",.
NaY8-None.
June 4, 1973
To tile Honorable Mayor
and Oity CoU1lcil
Bids were received on May 22
!\¡r the construction of the Joint
3i11
Law Enfureement Building.
The low bid was submitted by
the Winy Construction Company.
On May 30 the Board of Super-
vioors and City Council determined
the bid "alt""""tes" wI1id1 were
to lbe conSiidered. On May &1 re-
presentatWes of the county and
city met with the representatives
of the arClhiteet and Ute Willy Con-
-on Company aDd '!'I.justed
the base bid.
The modifiedioos and bid alter-
nates ...e sIIcnvn on the attaehed
sheet. The toW eoJIStnJdion con-
tract is $1,II4l,Ot8. ,TIle eon n t y
sba.re of the expense is $736,351.
Tbe city sb...e is $304,687.
I recommend tbat a 00Ilm.e. be
aovarded to the WiJly CoI1lStnætiOD
Company and tlJat the city mana-
ger .beMltborized to 6igD .the eo<>-
tra,ct wiIb the cltaÎI'lDan fJi the
Dubuque County Board, of Super.
visors.
Gübert D. (J¡;goy-
Oity Mana.ger
OoUDC'ilanan Preg¡ler moved tbat
authorization be granted. Seconded
by Councilman Tboms. Carried by
the fulfuwing vote:
Yeas-Mayor Bitter, CoU1lcilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
LAW ENFORCEMENT 8UtLD.
ING PROGRAM BUDGET
FINAL CONSTRUCTION CON-
TRACT ARRANGEMENT
Construction Contrad
Base bid ...........-.--....-.......$950,21!6
Deductions (oee ~
from 'DDDKiG, dated
May 30)
Architectural
1. Select bridl; wìIb b.oer
material CO$\ -"'........... 400
2. Select floor ~. 1st
floor C<>l'I'iOOro &nd 100-
by of lower material
cost ...-.......-.....-...-............. 2,500
4. Use SeIlUJlllocher Eile.
vafur "".......................-....... 1,450
6. Use a mMA. roof ........ !1m
7. Waive building pernüt
fee """""""""""""""""""'", 980
10. Use standard paint pri.
mer for jail equipment 1,270
11. Obange waterproo5ng
from BFG to J1tWP.¡¡
SI>ecs. (asphalt and dur-
amellb)
400
980
2,600
308
Regular Session, June 4, 1973
$1,00,048
RESOLUTION NO. 188-73
R_lution awarding contract to
Willy Construction Company for
the construction and erection of
Dubuque County.City of Dubuque
Low Enforcement Center
WHEREJAS, sealed propo&al ha'Ve
been submitted by contu.tors for
the constrw:ti<m of Dubuque Conn-
ty.()ity of Dubuque La.. Enforce-
ment Center building at Central
_e between Seven1h Street and
Eigbth Street in the City Of Du-
buque, Iowa pursuant to Re.soIlu-
lion No. 1:n-73 and Noli.. to Bid.
ders pwb1iBlhed in newspaper pub.
lished in the City of Dubuque, 10-
Mechanical
1. (bange from X-Hea'Vy
to ~andard weight soU
piping Ihroughout s\.r1Je>
ture'........................................
3. -Delete 1 fuel oil tank
(6000 gat) .....................".
8. Delete automatic roll ti-
ers of ;Ur Handling Un.
its- #land' #2 ""bsitute
manual .type :
Electrical
1. Use 4"Œ"VC eonduitin
lieu of 4" steØl eondui.L.
2. Eliminate telepbone eon-
dmtabove ceiling spac-
es .............."......................"""
3. EliminaJte eondaìt 1m:
I:Iøse circuit TV ................
8. Delete re&trietion on
. %" conduit, minimum
14. ÇhaDge safety switeh
from heavy dDJty to gen-
_I duty .........................".
15. Change main switcil to
main breaker
$
Mtemate 1--A Kitcilen and
laundry eqlrlpment ........
Mtemate ["B Metai
lod<er.. .............. ...................
Mternate [-Eparlrlng
area" CO<IiCrete curb and
gutter ...............................-...
Alternate loG Parlring
aroo, asphtit aurlfa,cing
AltemaJte l-iII PJ.ants-land-
seaping ................................
Alternate 1JJ Full!
ba'SeDIent ..............."...........
Alternate l-K .Folding pail'-
11tiOD
\ wa on the 19th day of April, 1973
and on the 26th dayoil' Aprll, 1973;
and
\ WHEREAS, setied proposials
500, were opened and read on May
22, 1973 and it h..s beœ deter-
1,850 t mined that the bid of Willy Con-
stroction Company of Dubuque, Io-
wa in the amount of $950,285.00
l,a79 I ;::n:eoi°.:ã~~~d':: ,:~~
and perfurming the work as pro-
\. vid. ed fur in, the plam and specifi-
190 ootionls as presently modilEied by
deletìOlllS No. [ to 15 inclusive in
the total amount of $15,4I!9.oo as
BOO I set I>utin the letter of the eon.
su.lting architect IIDKß, dated May
44ð :11, 1973 and together with additions
to said conn.wt of alternate lA,
4IL2 CO IB, IF, lG, lH, 1-J, 1-K, making
: a tot:al eontracl price of $I,OO,~.
NOW 'I1HEREJFOiBiE BE IT Ø:E-
60 SOLVED BY 'l1H:E0ITY OOUiNCJ\L
3r.!6 :W~ OITY OF DOOUQUIE,
~ 41!9 Section 1. Tbat the oontract fur
004'111.6 the abo'Ve. mentioned improvement
, be awaroed to Willy Construction
17,56l Company and wI1icl1 contract shaM
be for ,the total sum of $1,041,048.00
63122 less the deletions therefrom num-
, bered 1 to 15, inclusi'Ve, as oon.
tained and set furtIJ in the letter
1,744 of the ~~tingarclñtect, Dur-
rant, DeinJínger, .Dommer, K<lamer,
4,soo Gordon, dated May :11, 1973, a
copy of w!lieI1 is hereto attached
5 446 and together w'th additions there-
, to of alternates lA to lK, indu.
68 850 sive,
, The sbare of the Oity of Du.
1970 buque, Iowa of said contract price
, computed at 29.2683 of the oontNet
price equa1s $304,697.00 and the
County of Dubuque" sIIare thereof
coonputed ..t 70.7317 equals $700,35Il.
Section 2. 'That the Oity Man.,ger
be and he is herebY directed to
execute a contracl on behaltf of
the City of Dubuque fur the Oity's
share of said work, and in no
event sbaJ.! the City Mana.ger sign
said oonn.wt until reasonable as-
su~anees 11..'Ve been reeei..ed of
tJhe grant of $350,000.00 by the Io-
wa Crime Com_ion to be ap-
plied upon the payment of the
con-stru.ctWn costs for this faciJity.
Section 3. That tile execution of
said contract by the Oity Manager
shall be contemporaneouslY witil
the execution thereof by the Board
Regular Session, June 4, 1973
of Su,perviso~s of Dubuque County, principal and interest of said
Iowa. œn~.
Section 4. That upon the execu- WHEREAS the existing city jail
tion of said conilract and the lip- faeiHties of the Oity of Dubuque,
prova¡ of tJhe contr.actor's bond, low'a, and the exlisting county j,an
tha,t tile City Clel'lk be and he faciilities of Dubuque County, Iowa,
is hereby directed and ordered to are inadequate, inefificient and an-
return the bid deposits of the un- tiquated and do not meet the pub-
successful bidders. lic needs fur I... enforcement pur-
Paased, adopted and aPlPI'Oved poses; and
this 4th day of June, 1973. WHiEREMS it has been deter-
Josepb J. mtter mined by tJhe officials of the City
Mayor andtile County that tJhe most """-
Walter A. Pregler nomicail solution to the problem
A!lan T. Thoms "! p~viding sa~aetory faciilities
W,ayne A. Moldenhauer lies m a eooperati:ve efíort by tile
Councilmen County and the Oity furtbe con-
Attest: struction of a Joint CouDJtY-<Jity
Leo F Frommelt !Jaw Enforcement Center Build-
Oity 'Clerk ing to be jointly used ,by the Conn.
Councilman Pregler moved adop. ty and the Oity fur lalW enforce-
lion of tJhe resolution. Seconded ment purposes; and
by Councilman Tho"",. Carried by WHEJREAS tJhe Count=! seat of
the following vote: Dubuque County, Iowa.. ~ located
YOII5-Mayor Bitter, Councilmen w:itJhin the Corporate lim11:s of the
Moldenhauer Pregler Thoms City of Dubuque, Iowa, and pur-
NaY~~an 'Justm.~. suant to autJhority con~ed in Sec.
tions 3618.19 to 368.23, mclusliNe, of
ORDINANCE NO. 28.73 tJhe Code of Iowa, 1973, as amend-
An ordinance providing for the is. ed, offici"", of tJhe City and the
suance of $205,000 City Low En. County b..ve approved the terms
forcement Center Bonds of the City of an a'greement for the construe.
of Dubuque, Iowa, and providing tion of a new Joint County..(J¡ty
for ffle payment of the principal Law Enforcement Center Building
and interest of said œn~, and for its joint use and oœupation
presented and read. by the City fur city 1- enroree-
Councilman Pregler ml>ved that ment pur pOses and by the County
the reading just had be considered for county la.. enfuncement Pur-
the fuot reading of the Ordinance. poses; and
Seconded by Councilman Moiden- WHEREAs Rid agreement bas
b>auer. Oarried by the following been dUlly approved by a resolution
vote: adopted by the Board of Super.
Ye~Mayor Bitter, Councilmen visors of Dubuque County, Iowa,
Jus1mann, Moldenhauer, Pregler, and by an ordinance adopted by
Thoms. the Oity Couooil of the Oity of
Nays-None. Dubuque, Iowa; and
Councilman Preg.ler mo'Ved that ,wHEREAs it h.as, been .deter-
the rUlie requiring an Ordinance mmed that the Cit=!. po.~on. of
to be rend on three separate day< the cost of constructing .lUd buüd.
be waived. Seconded by Councii- mg ag.greg1ates $200,000; and
man Moldenhauer. Carried by the WHEREAS purouant to Sectil>n
following vote: 3618.20 of the Code of Iowa the
Yeas-M..yor Bitter Councilmen City Councia of said City did here-
Justmann Moldenba~er Pregler 1I>fore, by resolution. duly adopted
Thoms. ' " on Ju.iy 24, 1m, and Jully :11,
Nayo-None. 1972, cail a special mUDlÎei.pal elelc-
tion to be held in said City on
August 22, 1m, at wlùeib. there
was submitted to the votero of
said City the proposition of issuing
bonds of saó.d City in the sun¡
of $205,000 to pay its portion of
the cost of constroeting a building
ORDINANCE NO. 28.73
AN ORDINANCE providing for
the issuance of $205,000 City Low
Enforcement Center Bon~ ffle
City of Dubuque, Iowa, and pro.
viding for the payment of the
309
310
Regular Session, June 4, 1973
to be jointly acquired, constructed, I
u.oo and occupied by Dubuque
County, Iowa, and by the City
of Dubuque, Iowa, fur county and
city 1- enforcement purposes; I
and
WHEREAS notice of said elec-
tion' and of the submission of s,aid
proposition thereat was duly ~ven
in manner and form required by
law and said election on said pro-
position was lega¡ay held and con-
d1Mted on August 22, 1972, and
it has heretofore been and is here-
by fuund and dedared that the
vote cast in fa'Vor of s.aid pro-
position was equal! to at least six:ty
per cent (60 per cent) of the total
votes cast for and against the same
and said proposition has hereto-
fore been and is hereby declared
to h..ve been duly carried and
adopted; and
WHEREAS none of said bonds
authortzed aß a,fur..,..id has been
i..ued and it is deemed adw.able
at this time to provide for the
i""uance of said bonds in the a'g-
gregate principal ..mouDJI of
$205,000 and to provide for the
payment of the principal thereof
and interest thereon as the same
wi!!! become due; and
WHEmEiAS concurrent aclion is I
being taken by Dubuque County,
Iowa, pursuant to the f..vor"ble
result.. of a county-wide election,
for the issuance of county bonds
in the sum of $490,000, the pro-
ceeds of whieb, together with fe-
deral aid, wiM be used to pay
tile ha~a""" of the cost of con-
structing said Iarw enforcement
center buillding;
NOW 'l'HEREiFOIRlE Be rt Or-
dained by the City Council of the
City of Dubuque, law,a, as fullows:
Section 1. That bonds of the Oity
of Dubuque, Iowa, be and the s,..me
are hereby authorized and ornered
to be issued in the sum of $205,000
to pay the City'. portion of 1Jb.e
cost of construcl!ng a joint County-
City Law Enforcement C e n t e r
Building, "" referred to in the
preamble hereof. Thail said bonds
be each desjgIlated as a "City
IJaiW Enforcement Center Bond",
be forty-one in number, numbered
from 1 to 4!l, inclusi'Ve, of tile
denomination of $5000 each, whieb
bonds shail bear date of May 1,
1973, and become due and pa}'<llble
.."
in numerroal orner $50,000 on No-
vember 1 of each of the years
1975 to 1977, in:clusive, and $55,000
on November 1, 1978.
Section 2. That the bonds 011 said
issue numbered 1 to 20, inclusive,
and 31 to 41, inclusive, shill bear
interest £rom date null[ paid at
the ra.te of Four per cent (4 per
cent) per annum, and the bonds
of said issue numbered 21 to 30,
inclusive, sb.a1Il bear interest from
date until paid ..t the r.ate of Three
and ninety., ¡undreths ¡per c e n t
(3.90 per cent) per annum, aU
of sucl1 interest being payable No-
vember 1, 1973, and se.miannu..lly
thereafter on the first day,s of May
and November in eacl1 year.
Section 3. That sa1d interest to
the date of maturity of the princi-
pal sb.a1l! be evidenced by proper
interæt coupons atiacl1ed to eaeh
bond and m..turing on the dates
herein provided; botll principal of
said bonlls and the interest tIlere-
on Sohall be pay,a.ble in lawful mo.
ney of the United States of Ameri-
ca, at the oMiee of the City Trea-
surer in the City of Dubuque, Io-
wa; that said bonds ha'Ve the seal
of s'aid City ."ed thereto and
be signed by the Mayor and attest-
ed by the Oity Olerk of said City;
and that the coupons attached to
said bonds sha1ll be signed and
aottested by said oiUiclaJs by their
respective facsimile signatures and
said offid..Js by 1Jb.e execution of
said bonds silall adopt '" and for
thOlir own proper signatures ap-
pearing on the said coupons.
Section 4. That said bonds here-
by authorized shaN be subject to
regwtmtion ",s to princiqJal in 1Jb.e
name of the holder on the books
of the City T<easurer, aucl1 reo
gistration to be e'Videnced by no-
tation upon the bad< of sud!. bonds
so re¡Østered. No bonds so register-
ed shall be subject to transd'er
eJ<cept upon such books and simil-
arly noted on the back of the
bond so registered, unless 1Jb.e last
registration shall have been to
bearer. Sueb registraillon of any
of sOlid bonds shaM not, however,
affect the negotialbillity of the cou-
pons attached to said bonds, but
su~h cou¡>OM Sohail continue trans-
fer"ble by delivery merely.
Section 5. That said bonds and
the interest con¡>ons to be there-
Regular Session, June 4, 1973
---
attached, shall be in substantially
the fullo'Ning form :
(Form of Bond)
\JNTl1Fd) STATES OF AMERIIOA
S'l1ATE OF IOWA
OOUNTY OF DUBUQUE
CITY OF DUBUQUE
ClrrY LAW EJNiFORψ\lENT
CENT:&R BONÐ
No. ..... $5000
KNOW AU, MEN BY THESE
MESENTS: That the City of Dn-
buque, in lI1e County of Dulbuque
and Staœ of Iowa, hereby acknowt-
edges itJsell to owe and fur value
received hereby promises to pay
to bearer, or if this bond be re-
gIlstered, then to the registered bot-
der hereof, the StIIIJI of Five Thou-
sand Doll..,. (1$5000) on the first
do' y of November, 19, ' together I
with interes,t on said sum from
the date hereof until paid at the
ra.te of """"""""" per cent <-...........
per cent) per annum, payable No.
vember 1, 1973, and semi-annua!ily
thereafter 00 the first daY's of May
and No"ember in each year, all
sut:l1 interest as may aeerne on
and prior to the maturity hereof
to be payable only upon presenta-
tion and surrender of the intere.st
coupons hereto attaehed as !hey
severally become due; both priooi-
pal hereof and interest hereon are
hereby made pay"ble in 10IWfuI
money of the United States of
Ameriea at the office of the Qi,ty
Treasuruer in the City of DulJu-
que, Iow.a.
11h!s bond is one of a series
of bonds issued by said City for
the ptWpOse of paying part of !he
~t ;:,., eo::~=:n: ~~:~rb:: I Attest. 1i;ÿÖ;"""'-"""""'"
jug in said City, in aU respect.. .
in eompl.ia.nce with ~tions 368.19
et seq. of the Code of Iowa, 1973, '
and aD other acts amendatory I
thereof and supplementary there-
to, in conformity wi1Jb. an ordinance
dnly passed, ai>J>l'oved, recorded
and p1Ù>lished, and pursuant to an
election duly called, noticed and
held for 1Jb.at pUfŒ)<lse.
It is hereby certified and recited
1Ib.at aU actJs, conditions and things
reqmred by the Constitution and
~~eo.fh~ ~a~eOf:eao~ ::,xi:; I iiïäÿ';""""""-""
performed precedent to and in!he Atie.t:
~:V":':.~ed~be.:::'d~ne d~~; I ""Ciiy"'ëii~""
311
formed in regular and due fol1lll
and time as required by lacw; that
the indebtedness of said City, in.
cluding this bond, does not ex-
ceed any constitutional or statu-
tory limitation; and 1Jb.at legal and
sufficient provision has been made
for the payment of the principal
bereof and interest hereona. the
sa.rne will respectively become due.
This bond is subject to regtstra-
lion as to princi¡pal in the name
of 1Jb.e holder upon the books of
the Oity Treasurer of said Oity,
sueIh registration to be noted here-
on by said Trea.urer, after wlúd!.
no lranSlÍðr hereof, except upon
such books and similu'ly noted
hereon, sha:ll be .valid unless 1Jb.e
last reg;..u,ation shall have been
to bearer. Registration of this bond
will not a£feet the negotialbillty of
the coupons hereto attached, \Wtlch
shaM continue negotialble by de-
livery merely, notwithstandin¡g re-
gistr.ation hereof.
~ WrnN~ WHEREOF, the
said City of Dubuque, by its City
ConnciJ, has caused its corporate
seal to be hereunto affixed and
this bond to be signed by it¡¡ Ma-
yor and attested by its City Clerk,
and the coupons hereto attached
to be signed and attested by said
04ificialrs by their respective fac-
simile signatures, and s.aid oMi-
ciaL<;, by the execution hereof, do
adopt as and fur their own proper
signatures their res¡peetive facsi-
mile signatures appeacring on Hiid
coupons, an as of the first day
of May, 197ß.
..........................................
City Clerk
Worm of Coupon)
No. """""" $............
On the fills! day of ............, 19 ,
the City of Dubuque, Iowa, wiJil
pay to bearer ............................DolIaro
($.........,....................) at the office of
the City Treasurer, Dubuque, Io-
wa, fur intem due 1Jb.at day on
its City Law Enfurœrnent Cen-
ter Bond da'ted May 1, 1973, No.....
Regular Session, June 4, 1973
312
Regular Session, June 4, 1973
313
as the "1973 Law Eniforeement
Center Construction Fund" and
shall be devoted to and used with
due dil:igenee so!.elyfur the purpose
of constructing a Joint County-City
Law Eniforeement Center Building
in and for said City and fur whieb
purpose s,..id bonds are bereinau-
thorized to be ;.,,;ued. The Oity
Council of lihe City of Dubuque,
Iowa, covenants and agrees with
the purehasersand holders of lihe
bonds herein authorized -that so
Jong as any of said bonds remain
outstanding, said City and its of-
ficers will take no action in lihe
mvestment of funds wbieh may
be to lihe credit of the Construc-
tion Fund herein pr<Wided for
wbich action would result m mok:
ing the interest payable on any
of said bonds herein authorized
s-ubject to federal income t""..
by reason of "aid bonds being clas-
sified as "adllitrage bonds" wilihin
the meaDlÎng of Section 1000d) of
the Internal Revenue Code of 1951i,
"" amended, and any regulations
promurigated or proposed thereun-
der, including Sections 1.103.J.3 and
1.103-14 of the 1neome Tax Regula-
tions (26 CFRPan 1), as the
...me presently enst, or may from
time to time hereafter be amend-
ed. Provided, however, lihe Oity
Council resewes the right to make
any investment of sucl1 moneys
permitted by state law if, wilen
Section 6. Thalt "alid bonds be i and to the eJ<tent lihat said Sec.
executed as herein provided as : tion 1000d) or regulations promul-
soon al!ter the adoption of this I gaited hereunder roaM ,be repealed
ordinance as may ,be and there- I or relaxed or shall be held 'Void
UJ>OIl they shall be de¡;'vered to ' by final decision of a court of
the Treasurer of said City, Who : oo~tent jurt~tion, l>ut °n!Y if
shaM reg;.œr 1he fact of the is- any mvestment made by virtue
,suance of s-ame -in the book pro- ~ .such repo..l, re1~xation or de-
vided for tha-t purpose and ahaM mSlOn woUIid not, ill the O >IÍDlÎon
deliNer said bond. w 1Ihe Imrchaser of ~el of recognized compe-
thereof, upon receLpt of the pur- tenc~ ill sucl1 matters, result in
chase priee same w be not less making the mterest on said bonds
than the pa~ value of said bonds, subject to federal income ta"ation.
an action heretofore token in con- Section 8. That as required by
nectioo with the sale and award law, including Section 368.21 and
of said bonds being hereby ratilied ' Cbapter 76 of the Code of Iowa
and confirmed in all respects. I If!73" and for the purpose of ~
Section 7. That <be proceeds re- ! VIding ~orbhe levy and eoUection
. i of a direct annual tax sufficient
ce>ved from bhe sale of bhe bonds to pay the interest on all of said
herein authorized (exclusive of ac- bonds as it falls due, and also
crued interest) ah..U be set apart to pay and discharge the principal
and pla,ced in a fund separate and thereof. at m..turity, ~ere be and
rt fro th, aI £und8 of there" hereby lewed upon aU
""." . m e gener - . of the taxable property in said
saId Oity and to be des¡gnated City in each of the years while
On lihe back of each bond there'
shall -also -be endorsed a certifi.cate
by the City Treasurer evidencing
the r~stration of the issuance
of the bond in subotaniiaUy the
fullowing form:
STATE OF lOW>\,
OOUNTY OF DUBUQUE SS
The issuance of this bond has
been duly and properly reg¡.tered
in my office.
said bonds or any of <bem are
outstanding, a tax sufficient fur
that purpose, and in furtherance
of this provision, but not in limita-
tion -thereof, there be and there
i. hereby levied 'on al!l tile taxable
property in said Oity the fuUowing
ditect annual tax, to-'Nit:
For the year 1973 a tax sUf-,
ficientto, produce tile Bum of
$12,225 for interest; ,
For <be year 1974 a tax sUf-
ficient to produce 1Jhe' sum !If
$58,150 for principal and interest;
F.,.. the year 1975 a taxoUf-
ficient to produce the sum of
$56,J50fur principal and interest;
For the' year 1916 a tax sUf.
¡clent to produce the sum of
$54,150 for principal and interest;
For the - year IM7 a tax sUf-
f1ciènt to produce the' sum of
$57,200 for principal and interest.
Said, taxes sb..U ,be Íevied and
a..essed in addition to all "tiler
taxes, and Wlhen ealIected, ,shall
be eon'Verted into a special account
fur bhe payment of principal and
interest of the bonds hereby au-
thorized and for no otber purpose
whatsoever.
That bhe principal or in-terest
coming due at any time when
there are insufficient funds on hand
to pay the same be promptly paid
when due from current funds on
hand, and reimbursement be made
to such current -funds in the sums
thus advanced ,when the taxes here-
in provided ahall have been coI-
lOOted.
Section 9. That a certified copy
of thiis ordinance be filed willi
the County Auditor of Dubuque
County, and that said Auditor be
and he is hereby instructed, in
and fur each of tile years 1973
to 1977, inclusive, to enter fur col-
lection and assess the tax hereby
authorized, ..u as required and pro-
vided by Cbapter 76 of the Code
of Iowa, 1973, as amended. When
annually entering said taxes for
C(>Ueetion, the County Auditor shall
include the same as a part of
the tax levy fur debt service fund
purposes of sadd City, and, when
collected, the proceeds of said tax-
es shaH be con'Verted into bhe debt
service fund of said City and set
aside therein.. a special aeeount
to be U- sed solely and only fur j-
ibe payment of the principal of
and interest"" the bonds hereby
auth"rized and for no obher pur-
pose whatsoever.
Section 10. That aH action hereto-
fore tai<en by -lŒs Oily Council
in conneciion wfththe' approval
of bhe Joint Courity-City Law En-
furcement Center' Buildiilg Agree-
ment entered into by and between
Dubuque County; low~', and' the
City of 'Dubuque, Jowa, on June
12, 1972, and autborizjp¡ the, C1\ecu-
tion of said Agreement by bheMa:
,- y<>r and City Clerk, beand'the
same is hereby ratified and con-
flirmed in all respeéts. -
Section 11. Tb..tall ordinances,
resolutions and oroers or parts
thereof In.coU!lict herewith be and
the same are hereby repealed.
Passed and approved J-une 4,
1973.
City Treasurer, Dubuque, Iowa
On the bad< of eaclh bond pro-
vi:s1ion shili a1Bobe made for re-
gistration of ownership ill the fol-
Jooving form:
Date of RegÏstraiion
JosephJ. Bitter
Mayor
Name of Registered Owner
åTTEST:
Leo F.Fr"mmeit
City Clerk
,Recorded June 4, 1973.
PuIIJIiohed June 8, 1973.
Leo F. Frommelt
City Clerk
Signature of City Treasurer
It. 6-8.
Councilman Pregler moved final
adoption of the Ordinance. Seoond-
ed by Councilman-Moildenhauer.
Carried by the following vote:
Yeas-Mayor Bitter, Councibnen
Justmann, Moldenhauer, Pregler.
Thoms.
Nays-None.
MATCHING RESOLUTION
No. 189.73
Whereas, tile Oity of Dubuque
Iowa, by res<liutiolli duly passed
heretofore, has resolved that it will
pr<Wide during the calendar year
of 1973 caah funds for the fuUowing
Iowa Crime Commission projects:
Brief Description of Project:
Metropolitan Intelligence Unit,
åmount of Funds Being Provided:
$3,690.90.
We ful'ther resol'Ve that WI! will
provide m kind malcl1 during lihe
calendar year of 1M3 for the foiI-
lowing projects:
Brief Description of Project:
Metropolitan Intelligence Unit,
Type of In-kind-(Salary, Space,
et.): Salary; Valuatioo of In-kind
Provided: $3,849.00.
314
Regular Session, June 4, 1973
paoaed uw. 4IU1 day of June,
l1r/3.
Joseph J. Bitter
Ka:(Qr
Wllliter J,..PrØlller
Wall1e A. Moldenhauer
C. IIobert J",tmoun
CoIwJA::iImen
Attest:
Leo F. FJom,mdt
City Cl~
0 Slate ~y
0 00uIIty
[x] City or Town
We eertiIy lIIat (City or 'I'IIwn)
_ditureo for law enforeement
in the City ", Dubuque for the
ü..,ai )!ear beg!mùng and eJIding
01' 1l1li ealllJl<kr )!eer begÎDIIÎIIg Ja-
nua~ 1, 1975 and ending Decem-
ber 31, lIi'S life at Ieut as great
as in the precedUIC )!ear and as
gre..t as tlte a'Verage aoollll1 m-
crement in such _nditures for
the past 2, 3, 4 or 5 )lean!.
AmOllDt øpeJlit in 1II'i3* $1,a&7,549.00
(Year) (Amount)
$1,143,4116
$1,039,882
TOTAL $2,183,368
AVERAGE $1,091,684
0 We "aBOOt eertily that 1- en-
fo-ment expenditures were as
great ... in 1iN pt'eeediBg year.
EXPLAJN:
*Budgeted - 1975
.Jøse¡>lt J. Bitter
Mayor
Year 1m
Year 19'm
CoUJlci[man Moldenhauer IIIO'Ved
a<loptiðn of: !\e ~t!<>n.' Second-
ed by Com¡ciiman ~er. Carried
by the folkIwing vote:
Yeas---Ma:ror Bitter, .Cq~ibnen
Justmall1l. Koldeuhauer, Pregler.
Nay..-..CoUileilmlUl 'lboms.
Some queati911 Was rQòed b y
CoutIeUwan 'lIhø1U8 as to tb,e se-
crecy of tbe ÙI~ence Unl.t. Po-
lk:e Cbief O'. Ir en stated that ap-
plication Is merely a continulUlce
of the MetropoJitan Ùltellig~ U-
nit request for State money, II1Id
is 1IDt 8Upp¡e~ money to tlte
Oity.
R&SOLUTION NcI, 190-13
WlßEREAS, appUcation": for Li-
quor lk:e- ha... ,Men $Ubœit.
ted to ~ Cow1cil fur approval
and the same haw IIeeD examined;
-
._~.
NOW 'l'HEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, I_a, 1hat
1he foJiowiag _lieatto... be grant-
ed and li.ceoses lsaued upon the
compliance witb tIhe œrms of the
JOYM LIQUOR OONTOOL M:!r-
CHAPTER l3I1-... _ended by the
64ÜI c-ral Assembly, Hm.
CLASS "'C" COMMERCIAL
BEER LIQUOR LICENSE
Fischer & Co. Iøc:., 880 x.oeust
Street.
Helen w.ïner, 109 tìJ>ivenoity Me-
nue.
Passed, adøpled aad approved
this 4th day of June, 1973.
Jœepll J. Bitter
IMayor
Wayne A. MOIIdenliauer
Wailter A. Pregler
Nlan T. Thoms
C. Bober! J_ann
0I1JDei¡1meJ
Attest:
Leo F. Fn>mmelt
CIty CIeri<
~yor Bitkr moved adopIiGa oi
tbe resolution. Seconded by Co¡u>.
cUølan MoldeuJ¡auer. CaJ.'rled by
the f01lowini vote :
Yea"....V:.,or Bit1er, eo-ume
Justmum, Moldenhauer, Pre \er,
Thoms.
Nays---<Neae.
RESOLUTION No. 191-13
V/HÐKEAS, tJpp1åeations fur Li-
quor licenses were filed by 1iN
within named appI>canl4 and tbey
have l'eICeived tbe approval of this
Council, and
WHFmEM, tlte preQÙoes to be
occupied by sucll applk:ants were
inspected and found to comply wlith
the Sta,te LaJW and ail1 City ordin-
ance¡¡ relO'VaØ; liheNto and ÜIeY
have filed p1'<\POf bonds,
NOW THERl'JFORE BE lIT RE-
SOltVIED by tbe City Couiw:ü of
)ubuq~. Iowa, that the Manager
be autlJorized II) ca- to be >s-
sued to tbe following named IIi >-
pliicants a Liquor ]¡eeDIS.C.
CLASS "I:" COMMeRCIAL
BE"R LIQUOR LICENSE
mscoo. & Co. Inc., 880 'Loou&t
Street.
Helen Weiner, 70& University Ave-
nue.
~---
Regular Session, June 4, 1973
Passed, adopted and appro'V.cd
1ms 4th day of J,une, 1973.
Joseph J. Bitter
Mayer
Wayne A. Moldenhauer
Walter A. Pregler
Allan T. Thome
C. Robert Jus,tmann
Ceuneilmen
Atlest:
Leo F. Frommelt
CIty Gerl<
Mayor Bitter moved adoption of
the resoll1tion. Seconded by Conn-
ei1man Mbldenhauer. Carried by
1ihe following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, MoldeJlbauer, Pregler,
Thoms.
Nays-None.
Ail 11:20 P. M. Councilman Mol-
denltaner moved to go into execu-
tive session to consider ela&illied
material overriding general IJ11blie
interest. Seoonded by ColUlcilman
;:.,::ler. Carried by tbe fotiowing I
Yeas,.....Mayor Bitter, Couneilman
Justmaoo, Moldenhauer, Preg¡ler,
T80ms.
Nays-NoII<!.
At 1l:&J P. M. the Council reo
convened in regular 's...wn and
the City Solicitor stated let the
record show the matter discussed
wa's with the Police Obief for
mateiJing funds, considered to be
of a eiassified nature.
There being no further business
Councilman Moldenhauer moved to
adjourn. Seconded by CourW1man
Pregler. Carried by the following
vote: I
Ye..-Mayor Bitler, Councilmen
Justmann, Moldenbauer, Pregler,
Thoms.
Nays-None.
Leo F. Frommelt
City Clerk
315
Approved .................................. 1973
Adopted .................................... 1973
............................................................
............................................................
............................................................
Councilmen
Attest:
...........................................................
City Clerk
316
Special Session, June 11, 1973
CITY COUNCIL
OF'F.\CIAL
Special Session, June 11, 1973.
Council met at 7:30 P.M. (C.D.T)
Present-Mayor Bitter, Council.
men Justmann, Moldenhauer, Pre-
gler, Thoms. City Manager Gil-
bert D. Chavenelle.
Mayor Bitter read the caU and
stated that semce thereof had
been dwy made and this meeting
is called for the purpose of Adop-
ting an Ordinance amending Zon-
ing Ordinance No. 3.34, so os to
change block 5 and lot B of Sunset
Pork Sub. No.3 from single lam.
jiy to multiple residence district
classification and acting upon such
otIJer business as may properly
come before a regular meeting
of the Council.
Councilman Tboms moved that
tile rules be suspended in order
to let anyone present address the
Council j,f they so desire. Seconded
by M.ayor Bitter. Carried by <be
fofuWing 'Vote:
Yeas-Mayor Bitter, Councilmen I
Justmann, Moldenbauer, Pregler,
Tbo-.
Nays-None.
The City Council of Asbury was
in attendance requesting further
consideration ..s to their sewer pro-
blem hookup with the City. After
coœiderable discussion Mayor Bit-
ter moved that the mallter be re-
ferred to a meeting of our own
Council staN and the Cow>cil direct
the Sta:tlf to negotiate with the town
of Asbury. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote: I
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenbauer, Pregler,
Thoms.
Nays-None.
CommUDlÎcation of Gr.ace M. HIg-
gins, a resident of Mary of AngeJs
Home, objecting to the inhaolation
of fumes from tile incinerator and
also the fumes from a car parked
under her window, presented and
read. The City Manager ad'Vised
the Council that the matter has
been dis,posed of by proper action
and thereafter Councilman pregter
moved thai the communic,ation be
receIved and filed. Seconded by
Mayor Bitter. Gamed by the fol-
lowing vote:
Yoos-Mayor Bitter, Councilmen
Justmann, Moldeubauer, Pregler,
Thoms.
Nays~None.
Communication of Mrs. Law-
rence Odegard objecting to the dis-
courteous treatement recei'Ved by
employees 'at the ¡¡'¡'!n1ary, P r e-
sented and read. Councilman Pre-
gler moved that the communication
be recieved and filed and referred
to the City Manager. Seconded by
Mayor Bitter. Carried by tile ful-
lowing vote:
Yeas-Mayor Blitter, Councilmen
Justmann, Moldenhauer, PregIer,
Thoms.
Na.ys-None.
Communication of Cbarlie SmiÜl,
expressing an interest in the po-
sition 'NiOOh Mr. AJifired Moran will
be leaving shortly on the Human
&;gbts Commission, presented a.nd
read. Councilman Pregler mo'Ved
tJhat the communication be receiiv-
ed and filed and referred to the
City Manager. Seconded by Mayor
Bitter. Carried by tJhe fullowing
vote:
Yea,......M,..yor Bitter, Councilmen
JU&tmann, Moldenbauer, Pregler,
Tho-.
Nays-None.
Copy of Communic..tion of Mrs.
Lyle Peterson, original of whicb
was sent to the Interstate Power
Company, objecting to air pollution
cawed bysmolters riding the bus-
es, presenied and rood. Council-
man Pregler moved tJhat the com-
munication be received and filed
and referred to the City M..nager.
Seconded by Mayor Bitter. Car-
ried by the fuNowdng 'Vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenbauer, Pregler,
Thoms.
Nays-None.
Communication of Leo A. Me-
Car.tJhy, Attorney, in behalf of Plúl-
lip A. Powers, withdrawing the
January 17, 1m rezoning petition
from consider..tion ..t tms time,
awaiting final results of the City
Transportation study on Kennedy
Road, presented and read. Council-
man Pregler moved that the com-
munication be received and filed.
317
Special Session, June 11, 1973
Seconded by Mayor Bitter. Carried
by the following vote:
Ye...-Mayor Bitter, Councilmen
Justmann, Moldenbauer, Pregler,
Thoms.
Nays-None.
June 5, 1973
To the Honorable Mayor
and City CounCliI
A street lighting plan fur Rhom-
berg Avenue, extending from tile
Eagle Point Bridge Toll House to
Stafford Avenue inteœection, has
been proposed by the electrical
department.
It is recommended that furty
(4¡}) 250 watt mercury vapor type
fixtures, located on new 35 fuot
wooden poles, be instaNed in this
area to achieve the neœssary il-
lumination.
Gilbel't D. ChaveneJ.Ie
City Manager
Councilman Pregler moved ap-
prov.al of the recommendation. Se-
conded by Mayor Bitter. Carried
by the following vote:
Yeas~Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thoms.
Nays~uncilman Justmann.
June 5, 1973
To the Honorable Mayor
and City Council
Sever"l months a,go p e ti tions
were received for the renaming
of Lorimer Street.
In Maya letter wa.s sent to
tJhe residents of Lorimer Street
asloing them to indicate a street
name preference. Twelve for m s
were sent out. Seven responses
were received. Only two persons
favored "hanging the street name.
On the bas;'; of this infurm..tion
it is recommended that the matter
be dropped.
Gili>ert D. Cbavenelle
City Manager
M'ayor Bitter moved appro"..l of
the recommendation. Seconded by
Councilman Thoms. Carried by the
following 'Vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldeubauer, Pregler,
Thoms.
Na)'s-None.
June 7, 1m.
Honor.,ble Mayor and
Members of <be Oity Council.
This is to advise that I have
approved the following bonds and
policies, and desire to h..ve your
approv,,1 on same.
Comprehensive Liability
Tsehiggfrie Exca.va.ting et al Bitu-
minous Casualty Corp. Policy No.
GA 745000.
Workmen's Compensation
Tsehiggtfri,e Exc..vai!:ing Bituminous
Casua.!ty Corp. Policy WC 400;42.
Sidewalk Construction Bond.
C. L. Haa'se, Continental Casualty
Co. Bond No. _0 to July
18, 1973.
Gilbert D. ChaveneNe
Oily Man..ger
Councilman Preg¡ler moved filing
approval subject to ap¡proval of
the City Attorney. Seconded by
Councilman Justmann. Carried by
the following V<>te:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
June 11, 1m
To The Honorable Mayor
and City Councilmen
On ~ember 21, 1972, an ex-
terior inopection was made by the
City of Dubuque Housing Depart-
ment of a two story, one family,
frame dwelling, known as 701
Rhomberg Avenue, Dubuque, Iowa.
Several violations of the Minimum
Housing Code were noted, and on
September 25, 1972, a letter was
sent to the owner of record, Mr.
Bernard OIansky, P.O. Box 289,
Main Post Office, Des Moin..., I0-
wa 50000, lisfu1g severa.! eX<terior
violatiom; of the Housing S I a n-
dards.
On February 22, 1973, an in-
terior inspection was made of the
aJbove prope11lY and on February
<11, 1m, a letter "'as sent to the
owner listing several interior vio-
lations of the Housing Standards.
On M,ay 21, 1973, an order was
sent to Mr. OIansky by the Oity
Manager to dismantle <be building
and clean up 1De premises.
This order has not been com-
plied with and I recommend to
the City Council that the provisions
of Ordinance No. 35-52 be enIforeed
and the Ownet1S of said building,
known a's 701 Rbomberg Avenue,
and located on the East 7íI feet
of Lot 36, Cooks Addition, Oity
of Dubuque, Iowa, be required to
dismantle said structure and clean
up the premisee.
GÏilhel't D. ChaveneUe
c;ty Manager
3lB
Special Session, June 11, 1973
Counciiman Pregier moved tbat
ibe oommuDlÎCation be received and
filed and that a pwblie hearing
on tbe matter be set for Jniy
2nd. Seeond<>d by Councilman Just-
mann. Carried by tile føl]owing
'VOte;
Yeu-YaYJOr Bi_!i!T, Oowncilmen
J'us1inaon, Moldenhauer, Pregler,
Thoms.
Na,ys-None.
June U, 1973
'l<> TIœ Honorable Mayor
and City Councilmen
On Matth 2, 1!YI1, an inspection
was made by the City of Duibuque
Housing Departmen!t, of a two sto-
<'Y, lhi'ee family, brick dwelJing,
- as I_16M Waslñng-ton
Street, Dubuque, Iowa. Se'Veral vio-
latioD5 of the Minimum Housing
Code were DOted, and on March
9, 1971, " letter was ¡rent to tbe
owners ad' rec<ml, Mr. Walter B.
a1!d Mrs. Joyce H. SoJIum!, l$8 I
.I'~kson Street, DUlÙUque, fowa,
listing .everal inte<ior and eJOterior
-.Iow-trons of the Hoosing S tan-
darns.
On Ma1IcI1 25, 1971, a letter was
sent to Mr. 8< Mrs. Walter Somers,
IIOtifyingthem that the dweMing
unit at 16M Washin¡Ø¡on Street was
vttant and posted as unfit f<)r
Imman oeeupancy.
On January 26, 1975, an order
w.a. sent to Mr. '" Mrs. Somers
. make tbe premises comply With
tbe City of Dubuque Housing Stan-
<larda.
On F'e!m>ary 13, 1979, a ll'OItice
...,. ...m, llOtifying tile owner. to
_rand show eause why the
òove stnœtur.. should not be re-
.n1D'IIIId.
Qn Ka-11cl¡ 7, JJI73 a letJler Wa5
sent tø Mr. ¡. Mrs. Some..., de-
claring said otrueture unfit fur hu-
man ,ubitation and hereby order
aU persons to vOleale the same
furthwitb and said nUÙWlnCe re-
moved.
On May 31., 19711, an order was
sem to the owners by the City
:U:a_r, to dismantle the building
a;od clean up dle premiseo.
T!1is order ha,s not been complied
With 'II>IIi I """"mmend to the City
Qnmci!. that 1he pr""isiOlllSof Or-
dinanee No. 25<;2 be 'enforced and
the """""'" of said bmìding, known
as 1648-1651h1111i2 Was!lill¡¡ton Street
aDd located on Lot 109 East Du-
buque Addition, City of Dubuque,
Iowa, be required to dismantle said
S'trueture and clean up the pre-
mises.
Giæbert D. Cha'VeneN..
City Manager
Councilman Pr..gIer moved tbat
tbe communication be received and
filed and tbat a pnbJic hearing
on tlhe matter be set fur July
2, 1973. Seconded by Oouncilman
Justmann. Carried by the following
vote:
Yeas-Mayor Bitter, Couneilmen
Justmann, Moldenhauer, Pregler,
Tboms.
Nays-N<>n.e.
June 8, 1973
Honorable Mayor and
City Council
I submit - much regret tlhe
letter of resigm>tion of Assistant
City Manager, PaUli Fischer.
Gilibert D. Cha.veneUe
,City Jl(aooger
CouneilmanPregier moved tbat
tbe resign.ation be accepted with
regret. Seconded by Councilman
TOOms. Carried by the foJ!owing
vote:
Yea,s-Mayor Bitter, Coune!lmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
Petition issued in District Court,
Dnhuque Boat " Boiler Co., plain-
ti:ff, VB. Oity of Dubuque, Defen-
dant, barring any interest defen-
dant may have in property, and
IieŒndant be ""'ever barred from
any further right, title and interest,
pres.ented and reJ.d. MaYJOr Bitter
moved tlha,t the petition be referr-
ed tc> ¡be Oity So.liciœr fur proper
action. Seconded by Councilman
PrcgJ.er. Carried by the following
vote:
Yeas--4ayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Th<>-.
Nays-Non.e.
Notice of claim of Loren H. Ell-
-linger, in the amount of $288.20
for car dama~e incurr..d as <be
result of said .arbeiug struek
by a City owned garibage truck
at 905 N...ad.. St. on May 29,
N1I!, 'IJ1"OSe..1ed nod ""ad. Mayor
'Bitter m<>ved fuat the notice of
claim be referred to the City AIiIm'-
Special Session, June 11, 1973
319
ney for proper action. Seconded
by Councilman Pregler. Carried
by the following vote;
Yeas-Mayor Bitter, Couneilmen
Justma.ou, Moldenhauer, Pregler,
Thoms.
Nays-,None.
Notiee of ctadm of Insurance
Company of North Ameriea, lia.
bility carrier for Hartig Drug Co.,
ad.,;sing of a personal injury acci.
dent by EJvelyn C. Wieland on 12-
15-72, wilich OOC1nTed at or near
700 Ynin St. and requesting settle-
ment of the .Iaim, presented and
read. Mayor Bitter mO'Ved that tbe I
notice be refer~ to the City At-
torney for proper action. Seconded
by Councilman Pr~er. Carried
by tbe following vote:
Yeas-Mayor Bitter, Couneilmen
Jiustmarm, MOlidenbauer, Pregler,
Thoms.
Nay,s-.Non.e.
Notice of Claim of P-aul Welsh,
in the amount ad' iIG4.48 for damage
incurred to his car as the result
of striking a defect in tbe street
on W. 5th Street on &-6-73, pre-
sented and read. Mayor Bitter mo.
ved tbat the notice be referred
to the City Attorney for proper
action. Seconded by Councllman I
Pregler. Carried by tbe fullowing
V<>te :
Yeas-Mayor Bitter, Counei1men
JnS'tmarm, Moldenhauer, Pregler,
Thoms.
Nays~None.
May 1, 1973
Honorahle Mayor
and Couneilm1!ll
Tbe City Planning and Zoning
Commission MS reviewed the final
plat of B1oek 5 and Lot B ad'
Sunset Park Subdivision No.3 in
tbe City of Dubuque, Iowa.
'I1he ComIDiÍssion has determined
tba-t this plat confm1ms to tile a¡p.
proved preliminary .plat of tlhis
area and meets the requirements
of the SubdivWon Ordinance. It
is the recommendation of the Com.
mission that the plat be approved
:rs submitted.
CITY PLANlNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner I
Oouncilman Moldenbauer moved
that the eomDlU11å:eation be receiv-
ed and filed. Seconded by Couneil.
man Pregler. Carried by the ful-
lowing vote:
Yeas-Mayor Bitler, Councilmen
Jus1inann, Moldenh.a,uer, PregJ.er,
Tboms.
Nays-None.
RESOLUTION NO. 192-n
Resolution approving the plot of
Lots 1.8, inclusive, Block No.5,
aU in Sunset Park Subdivision No.
3, in the City of Dubuque, Iowa
WHEREAS, bhere has been filed
Wlith bhe City Clerk a plat in which:
Block 5, Sunset Park Subdi'Vi<;ion
No. 3 in the City of Dubuque,
I-a is platted as Lots 1~, inelu-
.we, Block 5, aU in Sunset Park
Subdivision No.3 in <be City of
Dubuque, Iowa, by Sehiltz DoYelop-
ment Corporation as 0- there-
of . and
W,HEREJAS, said plat has been
ßmIDiÍned by the City Plauning
and Zoning Commi$SÌon- and a¡p.
proved by said hody; and
WHEREAS, said plat has been
found by the City Council to c<m-
form to the Statutes and Ordi-
nanees relating thereto,
NOW, THEREFORE, BE IT HIE-
SOINEID BY THE CITY COUNen.
OF THE ClTY O-F DUBUQUE,
IOWcA-:
Sectien 1. That tbe dedie'ation
of tbe easements for public utilities
all as the same appears upon said
plat be and the same are hereby
aeeepted,
Section 2. Tbat the p1.a.t of Bloeik
5, Sunset Park SubdiMOn- No.3
in the City of Dubuque, Iowa, and
wbieb will hereafter be known as
Lots 1~, inclusive, Block No.5
aM in Sun-set Park SIIbd:Lvision No.
3 in tlhe City of Dubuque, Iowa,
is hereby approved and the Mayor
and City Clerk are hereby autho-
rized and directed to endOl'Se the
approval of tbe City of Dubuque
upon s,aid plat.
Passed, adopted and apprO'Ved
by reeoroed roll call this 11,th day
of June, 1973.
Joseph J. Bitter
Mayor
Allan T. Tboms
WaŒter A. Pregler
<C. Robert Jutmann
Wayne A. M<>kIenbwer
Councilmen
Attest:
Leo F. Frommelt
City Clerk
320
Special Session, June 11, 1973
Counci1man Moldenhauer moved
adoption of the resolution. Second-
ed by Councilman Pregler. Car.
ried by the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thomo.
Nays-None.
May 1, 1973
Honorable Mayor
and Councilmen
The City Pla,nning and Zoning
Commission has held a pUblic hear.
ing on a petition to reclassify pro-
perty described as Block 5 a,nd
Lot B of Sunset Pari< Subdivisioo
No.3 in the City of Dubuque,
Iowa, from Single FamUy Resi-
dence to Multiple Residence DIs-
trict classific,ation.
An atliida~ of publicai!:ioo of no-
tice of public hearing was sub-
mitted to the Commission. There
was no oral or written objection
to the proposal.
It is the recommendation of the
City Planning and Zoning Com-
mission that the petition for re-
classification of the a,bove descri¡'"
ed properly be "",proved.
CITY PLANNING AND
ZONING COMMISSION
.Daniel Dittemore
DeveJopment Planner
Councilman Moldenhauer mo'Ved
tbat the communication be receiv-
ed and filed. Seconded by Council-
man PregJer. Carried by <be fol-
lowing %te:
Yeas-Ma.yor Bitter, Counei1men
Justmann, Moldenhauer. Pregler.
Thoms.
Nays-None.
Proof of Pu1Jllication, certified to
by the Publisher, of Noti<:e of puIJ-
Mc he~g to amend Zoning Ordi-
nance No. ~ by changing Block
5 and Lot B of Sunset Pari< Sub.
No.3 from singJeF,amìly Resi-
dence DIstriet Classification to
Multiple Residence DIstrict CI..-
oificalt:ion, presented and reoo.
No ,written nbjections were filed
and no o~al objectors were present
in tJ¡eCouncii 'Cbamber at the
time 'set for the public hearing.
Councilman Moldenhauer mo'Ved
that the proof of publication be
received and ñIed. Seconded by
Councilman Pregler. Carried by
the fuUowing 'VOte:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, P'regler,
Thoms.
Nays-None.
ORDINANCE NO. 29.73
An ordinance amending and chong.
ing Ordinance No. 3-34 known as
"The Zoning Mop and Zoning Or.
dinance of the City of Dubuque,
Iowa" so as to change certain
property hereinafter described
from "Single Family Residence
District" classification to "Multi-
ple ResidencaDistrict" classifica-
tion,
sa.id Ordinance ha'Ving been pre-
viously p~e"ted and read at the
Council meeting of May 14, 1973,
presented fur final adoption.
OItDINANCE NO. 29.73
AN ORDINANCE AMENDmG
ANiDOHANGING ORDINANCE
NO. 3-34 KNOWN AS "TIllE ZON-
ING MAP AND ZONING ORDI-
NANCE OF THE OITY OF DU-
BUQUE, IOWA" SO AS TO
CHANGE CER'l1AIN PROPER-
TY HEREJINiAFTEJR DESCRffi-
ED FROM "SINGLE FAMILY
RESIDENCE DISTRICT" CJ.AS.
SIFlCATlON TO "MULTIPLE
RESIDENCE DJSTR1CT" OLAS-
SlE1ICATLON
NOW THEREFORE BE IT OR-
DAINED BY THE CITY OOUNOIL
OF THE CITY OF DUBUQœ!:,
IOWå:
Section 1. That Ordinaœe No.
~ known '" the"ZoDlÎng M"",
and Zoning Ordinance of the City
of DulJuque, Iowa" be and the
same is bereby amended by chang-
ing from "Single Fa,miJy Residence
District" classification to "Multi-
pIe Residence DIstrict" c!a.osi:fica-
tion the following described real
estate, to wit:
Block 5 and Lot 'B of Sunset
,P,ark Subdi'Vision No.3 in the
Oity of Dubuque, Iowa.
Section 2. That the foregoing
Àmendment has heretofore been
, approved by the PIlanning and Zon-
, ing Comnriosioo of /he City of
i Dubuque, Iowa.
Special Session, June 11, 1973
321
Passed,appro'Ved and adopted
htis ll/h day of June, Hm.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A.Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
Oity Clerk
PulJlished officially in The TeI!e-
graph-Herald Newspaper this 14th
day of June, 1973.
Leo F. Frommelt
City CJerk
It. 6-14
Councilman Moldenhauer moved
final adoption of the Ordinance.
Seconded :by Councilman PregJer.
Oarried by the foHowing 'Vote:
Yeas-Mayor Bitter, Couneillmen
Juotmann, Moldenhauer, Pregler,
Tboms.
Na.ys-None.
May 23, 11113
HonorabJe Mayor & City CouncN
Attaebed hereto is a request for
an aluminum awning, to be at-
tached to the front of building
at 160<1 Central A'Venue.
The awning is supported by the
building and no pos.ts are to be
in thesidewaJk. Awning to be 25
feet - 2 inches :by 4 feet - 7 inches.
'I1his request bas been approved
by the Engineering, Fire and Btril-
ding Departments.
I recommend the request be
granted.
Gilberl D. CbB'Vene.lle
City Manager
Councilman Moldenhauer mo'Ved
a,pproval of the recommendation.
Seconded by Councilman PregJer.
Carried by the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moidenha,uer, Pregler,
Thoms.
NaYIS-None.
ORDINANCE NO. 30.73
An ordinance authorizing Mrs.
F. W. Childers to contruct an awn.
ing at 1604 Central Ave., presented
and read.
Councillman Moldenhauer moved
tbat the reading just had be
considered the first readin'g of the
Ordinance. Seconded by CouncH-
man Thoms. Carried by the follow.
ing vote:
Yea~Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
Councilman Moldenhauer moved
that the rule requiring an Oroin-
ance to be read on three separate
day. be waiJved. Seconded by Coun-
cilman Tboms. Carried .by the fol.
lowing vote:
Yeas-Mayor Bitter, Counei~men
Justanann, Moldenhauer, Pregler,
Thoms.
Nay.-None.
ORDINANCE NO. 30-73
AN ORDINANCE AUTHORIZING
Mm. F. W. amide.. TO CON.
STRUCT an awning at 1604 Cen-
tral Ave.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Mrs. F. W. Child-
ers as owners of the premises
known as the South ~ of the South
1.,'; of City Lot 4!4!J. in the City
of Dubuque be, and tJ¡ey are here-
by grauted the revocable idcense
and authority to construct and
maintain an awning under the
terms and conditions set forti> in
this Ordinance.
Section 2. That such construc-
tion shan be done in accordance
with plans heretofore submitted by
permittees and a,pproved by City
M,anager, under <be supervision
and direction of the City Manager,
and in accordance willi aU appli-
cable state and federal law. and
regula,tions, and the Ordinaœes of
the City of Dubuque.
Section 3. That the permission
herein granted in expressly condi-
tioned on permitteC6 agreement
to:
a) Assume and and all lia,billity
fur damages to person. or pro-
perty which may result from the
existence, construction or main.
tenance of saJd awning.
b) To pay on behalf of the City
of Dubuque all sums which the
City of Dubuque shaM become
obligated 00 pay be reason of
the lia'billity imposed upon the
City of Dubuque for damages
of any kind ~ulting from the
existence, construction or main-
tenance of s'aidawning, sustained
30.2
Special Session, June 11, 1973
by any penon or persoI>S, caused
by accident or otherwise, to de-
iead at its own e_e and on
iJel¡alf of saiil City any eIlaim
against the City of Dubuque aris-
ing out of the eXÌJ>teD<:e, con-
struction or maintenance of said
a..mng.
e) To inðemnity and hold Oty
of Dubuque free and harmless
fnlm allY and all elaillUl, -,
HalriJity and ""Pense fur injuries
to third persons or oIamages to
II'<I[Ie1'ty of tIlJrd per-, or for
diama-ge 10 any property of City
of Dubuque which may Mour
"" a result of or in "onneetion
with <be construction, mainten-
ance and repair of the facility,
wort or improvement permitted
herein.
lectlCIII 4. That <be permission
herein granted is expressly 0000-
tI.oned upon permittees furtlIer a-
greement that shoWd the right and
privilege herein granted b<! res-
etnded or revoked by the C"rty Coon
dI, permittees, or theh> """"eo"'I'II
m i_est lIS !/WIle.. of the a-
butting property, shall witlJin thirty
(30) days úter receipt of written
~e from the Oity Manager, so
to do, al their own eXlpeRSe, remove
said 8JW'I1iDg, and in the event 01.
Øleir failure so to do, the City
of Dubuque shan be authorized
\Q ~move said awning, at """mil-
tees expense and dispose of the
same, and the peMrittees shall
halVe no claim againo>t tbe City
or its acents fur da,mages result-
ing fnlD1 tbe retJlOiVaI. of said a--
in«.
Socii.... So This Ordinanœ shall
,become dfeetiVe and the rights
hereunder acerttoe to Mrs. F. W.
Childer. when this Ordinance has
been adopted by the City ConnciI
and the ",rms and conditions there-
of accepted by permittees by ac-
ceptance endlOr<ed on tbis Ordi-
nance.
Passed, adopted and approoved
tis 11th day of June, A.D., 1973.
J<>seph J. Bitter
Mayor
Walter A. P~Jer
Allan T. Tboms
Wayne A. Moldenhauer
C. RObert Justmann
Counci1men
Attest:
Leo F. Frommelt
CIty Clerk
ACCEPTANCE OF
ORDINANCE NO. 311-73
The undersigned loaV'ing read and
being familiar with tbe terms and
conditions of Ordinanee No. 36-73
her€lby, fur tbemselNes, their suc-
cessors or ....igns, ... owners- of
the abutüng proparty, accept the
same and agree 10 be bound by
tbe conditions and a,greemeuta
<berein contaiJled lobe performed
by permittees.
Dated J-une 11, iI.9'i3.
By Mrs. F. W. ClWders
,Property Owner
Pub¡¡"bed offioiaUy in The Tele.
graph-Herald New;;paper this 10th
day of July, 1973.
Leo F. Frommelt
Qty CIerI<
It. 7-10
Coundlman }k¡ldenhauer IlID\'ed
final adoption of !be Ordinance.
Secoudeà by C4uncilmau Thoms.
Carried by tale foliolJllng vote:
Yeas-Mayor Bitter, Counei1men
Juslmann, Moldenha....., Pre¡Jer,
Tboms.
Nays---Nlme.
June 8, 1973
Honorable May<>r and
City Couacil
I submit fur your approval an
ordinance a,mending the budget as
approved by Ordinance 1-73. The
funds utilized for this amendment
are generated from the 1972 En-
titlement Funds of the State and
Local Fiscal Assistance Act of 197~
(-GeIW!ral Revenue Sharing).
Gilbert D. Cha-venene
City Manager
CoUlllèilman J1u;tmann m 0 v e d
that the communication be reeei'V-
ed and filed. Seconded by Council-
man Pregler. Carried by the ful-
IoIW'ing vote:
Yeas---Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
An ordinance amending the bud-
get as approved by Ordinance No.
1.73. presented and read.
Councilman Pregler moved thai
ithe readiI>g just bad be consider-
ed the first rooding of the Ordin-
ance. Seconded by Council man
Thoms. OCarreid by the foUowing
vote:
YeOli-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-NoDe.
Special Session, June 11, 1973
323
Councilman Pregler moved tha,t I eonded by Couneilman Justmann.
the rule requiring an Ordinance Carried by the following vote:
to be read on three separate days I Ye",,-Mayor Bitter, Councilmen
be wai'Ved. Seconded by Council- I Ju"tmann, Moldenhauer, Pregler,
man Thoms. Carried by the fol. Tboms.
lowing vote: - \ ays....,None.
Ye........Mayor Bitter Councilmen Petiti.". of H,R.W. A...,.,ia,tes reo
Justmalm M<JI.denI1a';"r Pregler questing a c\ltlb.eut on J. F. K.
Thoms. ' " Road between HiIlc,eot .. Foothill
Nays-None. ::alds;,¡ a~:n21. ~ ~2 ~~
Councilman P~ler moved that Sub. presented and read. CouncÏil-
a public bearing -be beld on the man Pregler moved that the pe-
Ordinance on JUily 2, 19'/!!, at 7:30 tition be referred to the Manager
o'clock P.M. in the Council Cham- and staff to be considered ror next
ber at the City HaU and that the week's ¡¡,genda. Seoonded by Coun-
Oity Clerk be instructed to pubJish cilman Jua<mann. Carried by the
notice of the hearing in the man- foilowing vote:
nor reqlrired by Ia,w. Seconded by Yeas~ayor Bitter Counei1men
Councilman Thoms. Carried by the Justmann, Moldenha~er, Pregler,
following vote: Thoms.
Yeas-Mayor Bitter, Councilmen Nayo-None.
Justmann, Moldenhauer, Pregler, Attorney Robert Bertsch .tated
Thoms; that the HiR.W. property has- a
Nays-,None. right to access.. to their property
. . . . abutting a commercial street. Mr.
Petition of Elmer J. Hilkin et R. W. Hansel also Slp(}ie in behalf
ail (296 .,gnature&) reque&ting that of the petition.
tbe tr<ll!Jk problem at 3I2nd and Petition of John E. Noel request.
J-ackso~s Street be resolved and in¡¡ a refund of $633.75 on beer-li-
suggesting that Fle."steel be allow. quor combination license No. C-
ed to put m a dflveway onto E. 1888 as be bas discontinued busi-
3I2nd ~treet, presented and read. nes-; on 5-19-73, presented and read.
CoU11.C'i!man Pregler mo'Ved that Councilman P~ler moved that
the petition be referred to the City the petition be granted and the
Man¡¡,ger a,nd City Attorn~y. So- Auditor issue proper warrant. Se.
port. Seconded by Council ,m ~ } conded by Mayor Bitter. Carried
Thoms. Carried -by the folloWIng by the following vole:
vote: . . Yeas-Mayor Bitter, Councilmen
Yeas-Mayor Bitter, Councilmen Justmann Moldenhauer Pregler
Justmann, Moldenhauer, Pregler, Thoms. ' "
Thoms. Nays-None.
Nays-None. Proof of Publication, certified to
by tbe Publisher, of Offieial Notice
Petition of MOJtIine Ruley et III of Location and Design Approval
objecting to a driveway of Team Request in re: proposed design
Electronics into a residentiaJ area of Topics Project Number 1'-735-7
-IOICated at the corner of Gordon (4) 46-3.1 Central Business District
Drive and Theda Drive, presented Traffic Signa'! improvement project
and read. and extension of tbe existing Cen.
Mr. Otto Krueger addres-sed the traJ Business District Tr<ll!Jk Sig-
Council by stating he has 00 ob. I nal sys,tem on Blu:£f Street, White
jection to Team Electronics !ocat- Street, Tenth Street, Twelfth Street
ing in the neighbor-hood other than Fourteenth Street, Locust 10 -w a,
using the driveway for semi trailer a,nd Central, presented and read.
tructs and also dirt is washing Councilman Pregler mo'Ved that
over his property. Mr. Duane Nil!- tbe proof of _publication be re.ce;ved
es of Gordon Drive also 'Voiced and filed. Seconded by Councilman
objection to the dirt washing down Juslmann. Carried by the foUowing
the Team Elec-tronies drive on to vote:
the street. Councilman Pregler mo- Yeas-Mayor Bitter, Councilmen
ved thai the petition be reoei'Ved I Justmann, Moldenhauer, Pregler,
and filed and referred to the City> Thoms.
M-anager ror investigation and reo i Nay-s-None.
-~----~_._~~~ ,
Special Session, June 11, 1973
area for U.S. Highway No. 20 be-
ginning at a point approximately
829.5 feet westerly of <be "bove
d~seribed area at the corporation
line of City of Dubuque aud run.
ning westerly awroximately 2517.1
feet to a point 00 feet west of
the west line of Section 27-T89N-
R2E and in ,the west property line
of Division Street as shown on
the plat attached hereto and made
a part hereof, -and acting pursuant
to the power and autJhority granted
by Section 362.34, 197:1 Code of
Iowa, as amended, aud by Com-
mission Order No. 73~ dated
May 31, 1973 hereby makes appli-
cation ,to the City Council of the
Oity of Dwbuque, Iowa to annex
said territory into the corporate
limits and make it a part o;f the
Oity of Dubuque at -the -_e time
the Romac, Incorporated property
i. annexed.
Dated this 31lst day of May, 1973.
J. R. Coupal, Jr.
Director of Highway-
Iowa State Highway Com-
-00
Councilman Pregler moved that
the application be received and I
filed. Secouded by Mayor Bitter.
Carried by the following vote:
Yeas-Ma,yor Bitter, Councilmen
Pregler, Thoms.
Nays - Councilmen Justmann,
Moldemauer.
RESOLUTION NO. 194-73
WHEREAS, the owners of an
area approximately 24.652 acres
in size lying immediately westerly
of the city limits of the City of
Dubuque, Iowa now voluntarily pe-
tition the City Council for annexa-
tion of <beir property to the City
of Dubuque, Iowa; and
WHEREAS, the inhabitants of
saiÌd territory will be en"bled to
secure the benefits of city govern-
ment in the wa,y of police and
fire protection if said territory is
incorporated within the city limits
of the City of Dubuque, Iowa; and
WHEREAS, the inhabitants of
said territory win be enabled to
secure water, and other municipal
services of said territory if incor-
porated witlhin the city limits of
the Oity of Dubuque, Iowa; and
WHEREAS, Section 362.30, Code
of Iowa, 1973, authorizes the exten.
sion of city limits in siwalt:ions
324
Special Session, June 11, 1973
Proof of Publlca,tion, certified to
by the Publisber, of omeïal Notice
of Location Design approval in reo
proposed De..gn Of Topi.,. Project
project Number T-735-7 (4) 46-311
CentraJ Business Dimct Tr~
Signal Improvement project that
the -Federal Highway Administra-
tion has given final. approval of
the Location and Design slndY re-
port of the eXiÏWni! Central Busi-
ness District Trai£i.c SignaJ Sys-
tem on Blulf, Wbite Tenth, TweMth
Four,teenth, Looust, Central and
Iowa streets, presented and read.
Councilman Pregler moved that
the proof of publication be recm'Ved
and filed. Seconded by Councilman
Justmann. Carried by tJhe following
vote:
Yeas-M..yor Bitter, Councilmen
Justmann, Moldenbauer, Pregter,
Thoms.
Nays-None.
June 6, 1973
Honoraliíe Mayor and
City Council
Tlùs is to request your Honorable
Body to approve Resolution to de-
signa-te Mr. A. G. Heitzman as
the authorized ofificial to execute
for and in behaJif of the City of
Dubuque for the purpose of ob-
taining certain Federal financial
assistance under Disaster Relief
Act (Public Law 606, rost Con-
gress).
Gilbert D. Cha-venelle
City Manager
Co\UllCÜman Preg¡ler moved ap-
proval of 1Ihe request. Seconded
by Counci1man Justmann. Carried
by <be folloiwIDg 'IOt.e:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
DESIGNATION OF
APPLICANT'S AGENT
RESOLUTION NO. 193.73
Be it resolved by Oity Council
Of City of Dubuque, that Mr. A.
G. Heitzman, City Fin-anee DIrec-
tor is hereby autborized to execute
for and in behH of City olf Du-
buque of the Sta,te of Iowa, this
application and to file it in the
appropriate State o!f,ice for the
p\l11POse of obtaining certain Fed-
eral financial a...is,tanee under the
Disaster Relief Act (public Law
606, 91st Congress).
.lIr"
Pa.ssed and -""",ro'Ved ¡bjs lItb
day of June, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wa-yI1e A. Moldenhauer
C. Robert Justmann
ColUlcilmen
CE-RTIFICATION
I, Leo F. Frommelt, duly ap-
pointed and City Clerk of Dubu-
que, Dubuque County, Iowa, do
hereby eerlJify tbat tile above Is
a true and correct copy of a reso-
lution passed and """,roved by tJhe
City Council olf City of Dubuque,
Iowa on the Mth day of June
1973.
Date: J-une u., 1973.
Leo F. Frommelt
Oity CIeri<
Councilma,n preg¡ler mo'Ved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by tile following vote:
Yea,s-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nay,s-None.
Communica,tioo of Iowa S tat e
Highway CommiB5:ion requesting
annexation o;f the right of way
on Highway No. 20 into the cor.
porate limits of tile City, presented
and read. Coundlman Pregler mo.
ved that the communkation be
received and filed. Seconded by
Mayor Bitter. Carried ,by tJhe fol-
lowing vote:
Yeas-Mayor Bitter, Councilmen
Pregler, Tb<lll1s.
Nays~unc~men Jus t mann,
Moldenhauer.
APPLICATION FOR
ANNEXATION
The State of Iowa, by and
throUgh the Iowa State Highway
Commission, as owner of p=erty
as defined by Section 362.36, Code
of Iowa, 1973, as amended, ad-
joining the corporate limits of <be
City of Dubuque, Iowa' and de-
æribed as follows:
The right-<>f.way area fur U.S.
Higbway No. 20 beginning at a
point in SecHon 27-T89N-R2E at
tbe west corpora<toin line Gf the
City of Dubuque and running west-
e~ly a,pproximately 7«!.3 feet to
the corporation ,Jine of the City
o;f Dubuque; also, the rigbt-<>f-way
325
of this character by the adoption
o;f a' resolution therefor; and
WHEREAS the future growth,
development, and preservation of
,the -pwblic health of the City of
Dubuque, Iowa, makes it impera.
tive that said territory be made
a part of the City of Dubuque,
Iowa,
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the territorial
limits of the City of Dubuque, Io-
wa be and they a,re hereby ex.
tended to include the area compris-
ing the following described real
estate:
That parcel of real estate de-
slcribed in Exhibit "A", hereto at-
taehed and by reference made a
part hereof; and
TbaJt pa-reel of roo,l estate de-
scribed in Exhibit "B" hereto at-
tached and by referenee made a
part hereof.
The property to be annexed is
as shown on the plat marked Ex-
hibit "C" attached hereto, and by
this reference made a part hereof.
<be boundaries of salÎd area being
outlined in red thereon.
Section 2. The territory hereby
annexed shaM -become and be part
o;f the Nineteenth Voting Precinct
to the City of Dubuque, fuwa.
Passed, """,roved and adopted
this Hth day of June, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop.
tion of the resolution. Seconded
by Mayor Bitter. Carried by the
following vote:
Yeas-Mayor Bitter, Councilmen
Pregler, Thoms,.
Nays - Councilmen Justmann.
Moldenhauer.
Communication of Interstate Po.
wer Co. requesting to be heard
on matters related to pollution con-
trol, forward from last two meet-
ings, presented and read. Council-
man Moldenhauer moved that the
communication be received and
Special Session, June 11, 1973
filed. Seconded by Mayor Bitter. I tion, preventioo andelimina-tion of
Ca,rried by the following vote: pollution of the air within the City
Yeas-Mayor Bitter, Councilmen and the promotion of the genera,l
Justmann, Moldenhauer, Pregler, health and welfare of the inhabi-
Thoms. tanto of &aid City that the Pro.
Nays-None. ject be undertaken at <be earliest
RESOLUTION NO 195.73 practicable date, b~t the Company
. ha-s requested satisfactory assu
A resolution of intention to issue ranees from the City that the pro-
pollution control revenue bonds and ceeds of the sale of pollution con-
authorizing the execution of a me- trol revenue bon&> of the City in
morandum of agreement by and an amount not to exceed $4,850,000.
between Interstate Power C 0 m- will -be made a,vailable to finance
pony and the City 01 Dubuque, the Project; and
Iowa
. WHEIJt]1\S the City deems it
. WHEREAS the Üty of Dubuque, necessary and advisable that it
~ . D~bu9-ue ~unty, Iowa (.1 he take such a<:tion as may be requir-
p~~~ )~~~~~i;:°i:Ja~~::...~~ ed .under a,pplicWde statutory pro-
by the provisions of Ch"",ter 419 ~lS>ons to authonze and Issue pollu-
of !he Code of Iowa, 19'73, as tion control revenue bonds. to fI-
amended (the "Act"), to issue pol- nance the cost of the Project to
lution control revenue bonds for -an "moUIlli not to eJœeed $4,850,-
tbe purpose of defraying the cost 000.00; and
of acquiring (by ronotruetion, pur- WH])REiAS a form of agreement,
chase or lease), improving and designa,ted as a "Memorandum of
equi¡pping polJ.ution control facili- Agreement," haos been prepared
ties s,uita,ble for use by an industry, under which the Company has stat-
commercial enterprise or utility ed its willingness to arrange for
and to lease the same to others the a,eqwsmon, impfO'Vement and
at ouch rentaisand upon such equipping of the PoIlU'tion Control
terms and condition. as the City Facilities and to enter into con-
may deem advisable; and tracts therefor, to con'Vey <be Pro-
WHEREAS in orner to reduce ject Site to the City, to lease the
prevent and eliminate pollution of Pollution Control Faeilities to the
the air within the City by reason City and to swblease the Project
of the operations of Interstate Po- from the City under a sublea,se
wer Company a Dela,ware corpora- agreement providing that the Com-
tlon ..uthoriz~ to do busine.. in pany wll.l be obl\gated to pay sui!>-
Iowa (the "Company"), which ope- rentals ~ufficient to pay the princl-
rates an electric generating station pal of, mterest on and redemption
in the City, the City proposes to premium, if any, on the bonds
acquire certain ea&ement interests as and when the same &hall be-
in land {.,w¡ easement being the come due and pa)'able and to con-
"-Project Site"), to a,cquire, a tain such other provisioIlS as shall
leaseho1d interest in certain struc. be mutually """"ptable to the City
lures, equipment, impro'Vements and the Company; and
and fa,cHities .useful fur the pur- WHEREAS it is considered nec-
~e. of. reducmg, pre'Venting. and essary and d",ir-",ble for the best
elimma,ting pollution of the aIr by interest of said Oity that said Me-
reason of the ~porati?ns of the morandum of Agreement be execut
Co~~a~y(the Pollution Control ed for and on behalf of the City'
Facilities") to be located on the and '
Project Site (the Project Site and
the Pollution Control Facilities WHEREAS it is intended that
hereinafter referred to as the "Pro- Ibis resolution, ahaUe()1>stünte
ject") 'and to sublease the Project "some other similar official ac-
to the Company, to be used by tion" toward the issuance of tbe
the Company to reduce, prevent pollutioo contr~l ...venue bonds wi.
and eliminate pollution of the air thin the meamng of $l,I03-S(a) (5)
by reason of its apontious as of the Income Tax Regulations;
aloresaid;and NOW 'I1EIEREFO'R;E, Be 1t Re-
WHEREAS it i. deemed neces- oo1ved by !he City Council of the
SHY andad'Visable fur the ~educ- Oity of Dubuque, Iowa, a,s ioNows:
326
",", -
Special Session, June 11, 1973
327
I of a,cquiring (¡by construction, ' pur-
cha,se or lease), improving and
eq.uiping pollution control facilities
s.uitable fur use by an industry,
commercial enterprise or utility
and to lease the same to others
at such rentals and upon such
terms and conditions as the City
may deem advisable.
(b) In order to reduce, prevent
and eliminate pWlution of the air
witbin the City, The City proposes
to a,cquire certain easement in-
terests in land (-said easement be-
ing the "Project Site"), to acquire
a leaseho.ld interest in certain strue
tures, equipment, impro'Vemenils
and other facilities useful for the
purpose of reducing, preventing
and eliminating pollution of the
3Ii.r (the "Pollution Con-trol Faci-
lities," which are described in fur-
titer detail in Schedule 1 attached
bereto and by this reference made
a part hereof) to be located 00
the Project Site (the Project Site
and the Pollution Contro.l Facili-
ties berein>after referred to as the
"Project"), and to sublease the
Project to the Company, to be
used by the Company to reduce,
prevent and eliminate pollution of
the air.
(c) It is deemed necessary and
Joseph J. Bitter advisable for the reduction, preven-
Mayor ,lion and eliminalJion of PO.lJutioo
Attest: of the air within the City and
Leo F Frommelt !he _promotion of the general health
City' Cieri< and welfare of the IDhabitants of
the City that tlte Project be under-
EXHIBIT A taken at the ea11liest pra,eticable
Memorendum 01 Agreement date, but the Company has re-
THIS MEMDRANDUM OF A - quested satisfactory ass urances
GREEMENT is between the City fram the City that the Proceeds
of Dubuque, Iowa, party of the of the sale of pollution con,tro.l
first part (hereinafter referred to revenue bonds of the City will
as the "City"), and Intersta,te Po- be made avail",ble to finance the
wer Company, a Delaware corpor. Project.
ation,. party of the second part (d) Representatives of the City
(heremafter referred to as the have indicated the willingnes,s of
"Company"). the City to Proceed with and effect
1. Preliminary Statement. A- such financing in order to as-slot
mong the matters of mutual in- the Company to prevent control
duCO1Il<9lt w.bieh laave I'eBDlted in and eliminate poIl"tlon within the
the execution of this Agreement City and have advised the Com-
are the fallowing: pany that, subject to due compli-
fa) The City is an incorporated ance with all requirements of law
mUDlÎei¡>alityauthol'iized and em. and 'ihe obtaóning of aiil _ary
powered by the PI'O\'Ìsions of Ohap- consents and approvals and to the
ter 4'l9 of the Code of Iowa, HJ73 ha¡ppel1ing of all acts, conditions
as amended (the "Act"), to issue and things required precedent to
pollution control revenue bonds for such financing, the City by 'Virtue
the purpose of defraying the cost of such statutory authority as may
Section 1. That in order to in-
lure the acquisition, improvement
and equipmeDli of these Pollution
Control Facilities within the City,
with the resulting pwblic benefits
wiriöh will £low therefrom, it is
deemed necess,ary and advisable
that tbe Memorandum of Agree-
ment hereinafter referred to be
"",proved and executed f"" and
on behaJf of said City.
Seelion 2. That the Memorandum
of Agreement by and between In-
terstate Power Company and the
City, substantially in the form and
with the contents set forth in Ex.
hlbit A attached hereto, be and
the s,ame is hereby approved and
authorized.
Section 3. That the Mayor is
hereby authorized and directed to
execute, and the City Olerk is here-
by authorized to attest and to af-
fix the seal of the City to, the
Memorandum of Agreement sub-
sta¡¡tially in the form and with
the contents set forth in Exhibit
A attached hereto.
Section 4. That aU reso.lutions I
and parts thereof in con¡fIjct bere-
with are hereby repealed to tile
extent of such conflict.
Passed and "",prO'Ved June 11,
1973.
Special Session, June 11, 1973
328
now or herea£ter be conferred, wit! suanee thereof.
issue and sell its pollution control 3. Undertakings on the Port of
revenue bonds in an amount not the Company. Subject to the con-
exceeding $4,850,000 to pay costs ditions above stated, the Company
of the Project. agrees a,s follows:
(e) The City considers that the (a) Tha,t it wiM use all reas-
Project, and the subleasing of the onable efforts to find one or. more
same to the Company, wiU promote purchasers f~r .the bonds m an
the reduooon, prevention and ell. aggregate prmcIpai amount not
mination of pollution of the air exeeeding $4,~,OOO.OO. .
within the City and thereby pro- (b) That It will enter mto a
mote the general health and we!- contr-~t 0: contracis for the ac-
fare of the inhæbitants of s-aid area. qmSItion, Improvement and eqmp-
2. Undertakings on the Part of m,ent of the Polluti.on Co~<rol Facti-
the City. Subject to the conditions Ities on the Project SIte. .
bo t t d the City agrees as (c) That contemporaneously WIth
a ve ~ a, e , the delivery of the bonds it will
follows. .' . sublease the Project from the City
(a) That 11 WIll authonze, or under the terms of which the Com-
cause to be authorized, the is-sua- pany will obliga,te itself to pay
ance and &Me of an issue of its to tile City sums sufficient in the
pollution control revenue bonds, aggregate to pay the principal of
pursuant. to the t~rms of the Act 'and interest and redemption pre-
as then m force, m an allgregate mium if any on the bonds as
principal amount not exceeding and ";hen the' same shall become
$4,850,000.00. due and payable, such sublease
(b) That it will cooperate with to contain other pro'Visions required
the Company to endea'Vor to find by law and such other provisions
a purchaser or purchasers for the as shall be mutually acceptable
bonds, and if purchase arrange- to the City and the Company.
meuts satisÆactory to the Com¡>- (d) That is will take such further
any can be made, it will adopt, action and adopt such further pro-
or cause to be adopted, snch pro- ceedings as may be required to
ceedings and authorize the execu- implement its aforesaid undertak-
tion of sucb documents a,s may ings or as it ,may deem appropriate
be necessary or ad'Visahle for the in pursuance thereof.
authorization, issuance and sale of 4. General Provisions.
the bonds and the acquisition as (a) All commitments of <be City
above defined, improvement and under paragraph 2 hereof and of
equipment of the Project, as afore- the Company under paragraph 3
said, and the subleasing of the hereof are subject to the conditions
Project to the Company, all as that on or before Z¡O da,ys from
shall be authorized by Ia,w and the date hereof (or such other
mutually ",tiSifactory to the City date as shall be mutua!! satisfac.
and the Company. tory to the City and the Company),
(c) 'l1haJt the aggregate bæsic sub- the City and the Company sball
rentals (i.e., the subrentals to be ha'Ve agreed to mutually accept-
used to pay the principal, interest -",ble terms and conditions of the
and premium, if any, on the documents referred to in pa,ra-
bonds) pay,aI:>le under the instru. graph 3 and the proceedings reo
ment whereby the Project shall ferred to in para,graphs 2 and 3
be subleased to the Company shall hereof.
be such sums as shall be soffi- (b) If tile events set forth in
cient to pay the principal of and (a) of this paragraph do not take
interest and redemption premium, place within the time set forth
if any, on the bonds as and when or any extension thereof and the
the s-ame si1aD become due and bonds are not sold within such
pay-able. time, the Company agrees that
(d) That it will take or cause i it will reimburse the City for all
to be taken such other acts and I reasonal:>le and necessary direct
ad~t such further proceedings as , out-of-pocket expenses which tile
may be required to implement the i City may ineur at its request aris.
aforesaid undertakings or as it I ing from the execution of t hi,
may deem a,ppropriate in pur - ' Agreement and the ,performance
Special Session, June 11, 1973 329
by <be City of its obligations here- !bat the communication be reeeiv-
under, and this Agreement sball ed and filed. Seconded by Mayor
thereupon terminate. Bitter. Carried by the following
IN WITNESS WHEREOF, the vote:
parnes hereto bave entered into Yeas-Mayor Bitter, Councilmen
this Agreement by their a£ficers Justmann, Moldenhauer, Pregler,
thereunto duly authorized as of Thoms.
the 11th day of June, 1973. Nays-None.
-CITY OF DUBUQUE, 10'. RESOLUTION NO. 196.73
WA . Authorizing an open sculpture com-
By Joseph J. BItter petition for the Downtown Urban
Ma,yor Renewal Project, Iowa R.15
Attest: WHEREAS, under date of July
Leo F. Frommelt 26 1967 the City of Dubuque and
City Olerk - th~ Federai government entered
lNTERSI'ATE POWER into a Loan and Capital Grant
CO'MPANY Contract for the undertaking of
By R. W. .Steele the Downtown Urban Renewal Pro-
Its PreSIdent ject, Iowa R-15; and
Attest: WHEREAS, the City of Dubuque-
E. M. Nieholson pursuant to the approved Urban
Its Secretary Renewal Plan for the said pro-
ScI1eduile 1 to -Memo~andum of jeet is constructing Town Olock
Agreement Dated June 11, 1973 Pla~a formerly known as the Main
by and between the City of Do. Streei Pedestrianway; and
buque, Iowa, and Interstate Po- WHEREAS, ÌJt is recognized that
wer Company an item of sculpture would enntri.
The pollution control facilities bute materially to a design objec.
consist of electrostatic precipita- tive for Town Clock Plaza to in-
tors, including fuundatioIJÆ<, s u p- clude -certain a-rchitectural features
POrting steel, related equipment within the Pla~a area; and
and connee-tions to the existing ash WHEREAS, an open competition
disposal faellilies, togetlher w; t h would provide the opportunity to
the structures in which the precipi- obtain a distinctive piece of sculp-
tators and certain items of related ture design especially fur Town
equipment are located, to be con- Clock Plaza as well as to provide
structed, acquired and installed on a, further opportunity to promote
boilers 1, 5 and 6 at Interstate's the Downtown Urban Renewa,l Pro-
Dubuque Power Station. ject and !be City of Dubuque; now
The electrostatic precipitators therefore
will remove particulate matter BE IT RESOLVED BY THE CI.
from the flue g-as discharge of TY OOUNCIL OF THE CITY OF
the boilers, prior to release of DUBUQUE, IOWA:
the gas to the stack, by the elec- Section 1. That the City of Du-
trosta,tie -oh"rge and ma-gnelJic lilt- buque in coopera-tion with the Du-
traction process. The parnculate buque Art Association and the 10-
matter will be collected in dust wa Arts Council sponsor "n open
boppers for removal -to existing competition in the format of Ex-
ash disposal facilities. hibit "A" a,ttached hereto, to se-
Councilman Moldenhauer moved cure a suitable piece of sculpture
adoption of the resolution. Second- for placement within the Tow"
ed by M"yor Bitter. Carried by I Clock Plaza.
the following vote: Passed, approved and adopted
Yeas-Ma,yor Bitter, Councilmen this 11th day of June, 1973.
Justmann, Moldenhauer, Pregler, Joseph J. Bitter
Thoms,. Mayor
Nays-None. Walter A. Pregler
Communication of Urban Rene- All"n T. ThOlDS
wal Direetor submitting "F i v e Wayne A. Moldenhauer
Flags Sculpture" to secure a suit- C. Robert Justmann
able piece of soolpture fur inciu- Councilmen
sion within the Downtown Urban Attest:
Renewal Area, presented and read. Leo F. Frommelt
Councilman Moldenhauer moved City Olerk
330
Special Session, June 11, 1973
EXHIBIT "A"
FIVE FLAGS SCULPTURE
COMPETITION
The Dubuque Art Association and
the City of Dubuque; Jowa, in co-
operation wtth tile IoWa ArtS Coun-
cil are sponsoring an open sculP-
ture competition. TIItf ,seulpture
will be pl.ace6 ia an outdoor pe-
destrianw..y in lID area of Down-
town Dubuque lmOWD as Tow n
Clock Plaza. Town CIoek Plaza
has- been awarded a Lamlsea.pe
Award by the American Associa-
tion of Landscape Architects. Bolb
aw..rda recognize the quality of
design fur an urban environment.
The oulpture 1lIi1leompl4meøt the
Five Flags Center Fròject new Wi-
der -way in the genera¡ area in
which the se,.¡pture will be' lo-
cated. This pro ect Inelude. lbe
restoration of a bistorleally and
architecturallY algnlficant lbeater
joined by a nC"IIF' p.-omenade wilb
a neW exhibition-arts building. This
total project i. dedicated to the
2OOtb Anni'Versary of the United
St..tea of America to lie observed
in 1976.
The piece need not be ctistineti'Ve
of anY period of history, but
must capture lbe spirit of the bi-
centennial celebration of the fuund- I
ing of tbis nation. This spirit may
reflect our nation's heritage and
its historic perspective"" it reldeS
to Dubuqueland.
The piece may be stdlle or mo-
bile but must not be dependent
upon water, electronics or olber
mechanical processes for its in.
stallation or operation.
Each participant is required to
submit a, maquette at a seale of
1" equal 1'. An entry label at-
tached to each maquette .bll in.
elude lbe name (profe..lonal as
well as legal), address and phone
number of the artist together with
lbe title or na,me of the entry.
Each participant shan alsc> submit
(1) a written statement explain.
ing their aubmittal; (2) a notarized
affidavit that lbe design i. an origi.
na! product of that artist, and tbat
it has not been accepted for use
elsewhere; (3) sketches of the
piece at a reasonable seale; and
(4) not less than four 8"x10" black
and white glossy photographs suit-
able for reproduction. AU photo-
graphs shan become tJhe proper\)'
of tJhe DUbuque Art Association
and <be City of Dubuque, and lbey
will not be returned. The winner
of the coqetitioe will be further
required to submit a _end ma.
quette at a seale of 108" equal
l' showing &S much detail lbat
is posøi.ble l1li thi& ,redueeoi scale.
Each participant is further re-
quired to submit ina sepa,rate,
sealed elIVelópe his' firm proposal
and statement to enter into an
appropriate contract wilb the CIty
of Dubuque ,subject to lbe approval
of the United States Department
of Housing and Urban Develop
ment to fabricate and in"tall in
place the piece represented by the
maquette, sll:e1iehe. and the photo-
gra,phs at a total cost not to exceed
$25,000 including all transportation
charge. and expeD"""of the ar.
tist.
Maquette& may bede1l'fered '"
ptrson to the Office of Housing
and Redevelopment of the City of
Dwbuque, Fiscber Building, Du""-
que, Iowa, ~, the week of Oc-
tober 15, 1973, betWeen lbe hours
of 8:00 A.M. to 5:00 P.M., Monday
through Friday. No entry will be
"""epted after 5:00 P.M. on FrI-
day, October 19. Works sent by
mail, expre.s or olberwise must
be sent postage prepaid and wm
be accepted only at the risk of
the sender.
Pre-entry registration is required
of a,ll participants. A form for
this purpose is provided on the
re'Verse side, and must be receiv.
ed in the Office of Housing and
Redevel<>pment, Fischer Buildin¡¡,
Dubuque, Iowa, 52001; postmatked
not later <ban Friday, September
7, 1973.
The officers, employees and oth.
er persons ass<>ciated with the Du-
buque Art Association 1>nd <be City
of Dubuque will careiully handle
all entries, but lbey will not be
responsible fur any damage or los
to any works. Submitting an entry
implies agreement with this condi-
tion, and all artists are urged to
adequately insure their own worln-
The winning scmpture will be
placed in a fifteen funt sqware
ba'se are cons,trueted by the City
of Dubuque at the Oity's expense
The height of ,the piece not to
exceed thirty feet must be suitab:e
for its location and mass and fabri.
Special Session, June 11, 1973 331
eated of a self maintaining, s<ruc- inafter caned "Project Area") 10-
turaUy adequate, durable material cated in the City; and
suitable fur an exterior loea-tion WHEREAS as of the date of
in an urban setting. adoption of Ìhis Resolution, lbere
Judging of aU entries will b' ha,s been prepared and approved
completed the week of October 27 by li1e Agenc-y, an Urban Renewal
1973, by a- }ury colD¡pOsed of Plan for lbe Project consisting of
Oha-rles Mosher, Barton-Aschman the Urban Renewal Plan dated
Associates, Inc., Chicago, Illinois May, 1967, and approved by the
Ron Bowen, Bowen and Kanazawa, CityCounei1 of the City on May
Madison, Wisconsin, Jame. Deme- 18, 1967, by Resolution No. 123.
trion, Director,. Des Moines kt 67, (which plan, as it may here
Center, Des Momes, Iowa. after be amended from time to
The right is reserved to ~he jury time pursuant to law, and as so
to reject any and all entrIes, an constituted from time to time, is
the decision of the jury is fina1. unless otherwise indicated by tho
All maquettes will be on display context, hereinafter called "Urban
thronghoutthe month of Novem. Renewal Plan"); and
ber, and they must aU be re- WHEREAS, a copy of the Ul'ban
moved durmg lbe weeks of De- Renewal Plan as constituted on
cember 3 and De«;In!>er 10. The tbe date of lbe Agreement has
D,ubuque Art AssoCIation and the been recorded among the land re-
CIty ?f Dubuque shall not be re- cords for the place in which the
~nslble for any maquettes' not Project Area is situated, na,mely,
claImed by December 14, 1973. in the office of the Recorder of
A cash prize of $1,000.00 will Dubuque County, Iowa, in Book
be awarded to the Brost of the 295 of Mortgages, Pages 235 to
winning submission at an appro- 259' and
priate award ceremony. The de-' .
sign, the maquettes, sketches 1>nd WHEREAS, 1D o~er to ena.ble
Photogra,phs as well as the fiuished !!Ie Agency to aehieve the ob¡E!r.
piece of sculpture of the winning tives of the Urban Renewal Plan,
submission shall become lbe elOClu- and particularly to m.ake land In
sive property of the City of Du- the ~~o~ect Area- avaUable (aft.,-
buque for uses- determined to be acqwsltion and clearance by th-
in the best interest of the City. Age~cy) ~or redevel?pment by a
Councilman MOldenh~uer moved ~~~li~h~n~~sfu;p:~~~ ':nce~~a~~~
adoption of the r.esolution. Seeond- ban Renewal Plan, both the Fe.
ed by M~yor BItter. Carned by deral Go'Vernment and the City
lbe folloWIng vote.: . have undertaken to provide, and
Yeas-Mayor Bitter, Councilmen ba-ve provided substan-tiai aM and
Justmann, Moldenhauer, Pregler, assistance to the Agency through
Thoms. a Contract for Loan and Capital
Nays-None. Grant dated July 26, 1967; and
RESOLUTION NO. 197.73 WHEREAS, under date of the
Retention of certain. Urban Re- 12th day of June, 1972,the Agency
newal land for the JoInt Law En. and Dubuque County entered into
forcement Center Building Articles of Agreement (hereinaf-
WHEREAS, lbe City of Dubuque ter called "Articles") entitled
(hereinafter caned "Agency") in "Joint CountY-<City Law Enforce-
furlberanee of the objoc,tives of ment Center Building" and whicb
Chapter 4œA of the Iowa Code Agreement provided a-mong other
as amended, has undertaken a pro- things that lbe real estate in the
gram for tbe clea-rance and recon- Project Area more particularly de.
struction or rehabilitation of slum scribed in Section 1 (which pro-
and blighted areas in the City of perty, as so described, is herein
Dubuque (hereinafter caned "Ci- after called "Property"), present-
ty"), and in this, connection is ly in the name of the Agency
engaged in carrYing out an urban shaU be owned jointly in lbe names
renewal project known as t b e of the Agency and Dubuque Coun
"Downtown Urban Renewal Pro- ty, Iowa, for the purpose of con-
ject, No. Iowa R-15" (hereinafter struction of a Joint Law Enforce-
caned "Project") in an area (here. I ment Center Building on lbe Pro-
332
Special Session, June 11, 1973
perty with Dubuque County, Iowa
being designated as Owner for con.
slruction purposes; and
WHEREAS, the Agency under
date of June 11, 1973, has entered
into a Contract fur the Sale of
Land for Public Development to
convey an undivided 70.7317 per-
cent in and to the Property to
Dubuque County in fuHillment of
the terms of the Articles; and
WHmEAS, the purpuse of this
Resolution is to -provide fur the
retention of the balance of <be
Property representing 29.- per
cent of the real estate by the
Agency for the C<>l15truction of a
Joint Law Eniforcement C enter
Building for the use of the Agen-
cy and Dubuque County, Iowa, as
provided in the Articles; now
therefore.
BE IT RESOLVEID BY THE
= COOOmL OF THE CITY
OF mmUQUE, IOWA:
Section 1. That subject to aU
the terms, covenants, and condi-
tions of iliis,Resolution and the
s-aid Loan and Grant Contract, the
Agency wiN retain an undi'Vided
29.2663 per cent in and to Lot
1 of the following described Pro-
perty in the Project Area.
Lot 1, eXICept the South 79 feet
thereof, of Block 3 in Dubuque
Dountown Pla~a in the City of
Dubuque, Iowa
whicl1 it shaY de'Velop fur use as
a Joint L- Eniforcement Center
Building in aœord..nce with the
Urban Renewal Plan.
Section 2. The the Oity Auditor
be and he is hereby au1Dorized
and directed to draw his warrant
or warrants a¡ ainst the proceeds
from the s,ale of bonds for the
Agency's share of the Joint L-
Enforcement Center Building on
and before July 2, 1973 in the
amount of 1Jwenty three thousand
eight hundred sixty and 11-.100 Dol.
la'" ($23,850.11) whicl1 represents
the fair market value of tbe Pro-
perty, and to deposit said warrant
or warrants in the Project Tem-
porary Loan Repayment Account
Project No. Iowa R..15.
Section 3. That the Agency shall
not commence to use the said Pro-
perty fur the intended purpose nor
commence any COl15truction there-
on until the Purobase Price has
been deposited to the credit of
the said Project Temporary Loan
Repayment Account.
Section 4. That the Agency and
Dabuque County wi1l jointly rede-
veiop the Property by construction
thereon of a Jolint Law Eniforee.
ment Center Building together with
appropriate off-street parlring fac.
ilities and other site improvements
(hereinafter caned the "Improve.
ments") and all pia... and specifi.
cations and an work by the Agency
with respect to such redevelopment
of the p~rty and the construc-
tion and making of other improve.
ments thereon, if any, shall be
in conlfo~mity with the Urban Re.
newa~ Plan, and aM applicable
State and Loca~ La-ws.
SECTION 5. That the Agency a-
grees for itself, It successors, and
assigns, and every suœessor in
interest to the Property, or any
part thereof, th..t the Agency shall
b~n the redevelopment of the
property througih the construction
of the Improvements thereon, with.
in two months from the date this
Resolution is adopted and diligently
pro<:eed to complete such construc-
tion within eighteen months from
such da,te.
Section 6. That the Agency a.
grees for itself, it successo~s and
as.signs, and every suœes;sor in
interest to the Property or any
part thereof and the Deed, if any,
shall cont..in covenants on the part
of the Agency fur itself, and suc.
cessors and ..sslgns, that the A-
gency, and suclJ. successo.. and
assigns, shall:
(a) De'Vote the Property to, and
only to and in accordance witb.
the uses specified in the Urhan
Renewal Plan, as amended, and
as the same ma\y be hereafter
amended and extended from time
to time;
(,b) Not discriminate upon the
ba,;,s of race, color, creed, or na.
tional origin in the s,ale, lease,
or rental or in the lhSe or occu-
pancy of the Property or any Im-
provements erected or to be erec.
ted ;hereon, or any p..rI\ thereof.
Section 7. Wat it is intended
and resol'Ved th..t the conditions
and covenants provided in Section
6 hereof, mall be covenants run-
ning willi the land and that they
shall, in any event, and without
regard to technical cl..s,sification
333
Special Session, June 11, 1973
or designation, legal or otherwise,
and except only as othe11wise speci.
Jiicaliy provided in this Resolution,
be, to the fullest eJOtent permitted
by law and equity, binding for
the benefit and in favor of, and
enforceable by, the Agency, its
successors and assigns, and the
United States (in the case of the
covenant provided in subdi'Vision
(1» of Section 6 of this Resolution),
against the Agency, its SUCCessors
and assigns, and every succes'sor
in interest to the Property or any
part thereof or any interst therein,
and any party in possession or
occUIPancy of the Property or any
part thereof. It is fur<ber intended
and resolved that the conditions
and co'Venan1:5 provided in Section
6 of this Resolution shall remain
in effect without limitation as to
time.
Section 8. That in amplification,
~~~o:t o~n s::~cti70n¿f o~t,"eR:~: I
lution, it is intended and resolved
that <be Agency shall be deemed
a beneficiary of the conditions and
covenants provided in Section 6
herein, and the United Sta-tes shall
be deemed a beneficiary of the
covenant provided in subdivision
(b) of Section 6, both for and
in their or its own right and also I
fur the purposes of protecting the
interes,t of tbe community and the
other parties, publk or private,
in whose fa-vor or for wIhose benef:it
suoo conditions and eovenan1:5 have
been provided. Such conditions and
cove"ants shall run in fa'Vor of
Ibe Agency and the United States
for the entire period during which
such conditions and covenants shaß
be in force without regard to whe-
ther <be Agency or the United
State,s is or ha-s heen an owner
of any land or interest therein
to, or in favor of, which such
conditions and covenants relate.
The Agency mall ha'Ve the right
in the event of any breach of
any such conditions or covenants,
and the Untied States shall have
the right, in the event of any
:::-e:~ ~OO~~isi':'~;~ of~~~:: I
6, to exercise all the rights and
remedies, and to maintain any ac-
tions or suits at la-w or in equity
or other proper proceedings to en-
force the curing of such breach
of condition or covenant, to \IDich
I tt or any other beneficiaries 0, f
such condition or covenant may
be entitled.
Section 9. That no member, of-
ficial or employee of the Agency
shaH have any personal interest,
direct or indirect, in any construc-
tion contr-act _..rded pursuant to
this Resolution, nor shaH any such
member, o£ffi.cial, or empJoyee par-
ticipate in any contract rebting
to this Resolution which OIffeets
his personal interests or the in.
teres.ts of any corporation, part-
nerSlbtp, or as'sociation in which
he is, directly or indirectly in-
terested.
Section 10. The Agency, fur it-
self, and its successors and a's-
signs, agrees tbat It wiu include
the following provisions of this Sec.
tion 10 in every contract or pur-
chase order "'hiOO may hereafter
be entered into between the A.
gency and any pa.ty (hereinafter
in this Section called "Contractor")
for or in connection with the con.
struc-tion of the Improvements, or
any part thereof, provided for in
this Resolution unless such con-
tract or purcha-se order is exemp-
ted by rules, regulations, or or.
der-s of the Secretary of Labor
issued pursuant to Section 204 of
Executive Order 1!l24ß of Septem-
ber 24, 1965 as amended by Exe-
cutive Order 1[375 dated October
13, 1967:
Equal Employment Opportunity.
During the performance of this
conilract, the Contractor a g r e e s
with the Agency as follOlWS:
(a) The Contractor wiU not dis-
criminate against any employee
or applicant for employment be-
cause of race, religion, sex, oolor,
or national origin. The Contractor
will take affirmative action to en.
sure thai! applicants are employed,
and that employees are treated
during employment, without r e-
gard to their race, coJor, religion,
sex, or national origin. Such action
shall. include, but not be limited
ro the foMowing: employment, U )-
grading, demotion, or transfer; re-
cruitment or recruitment adver.
tising; layofif or termination; rates
of payor other forms of compen-
sa-tion; and selection for training.
including apprenticeship.The Con-
tractor agrees to post in conspi-
cuous -places, ..vajJabie to employ-
334
Special Session, June 11, 1973
ees and awJi<;ants for employment, I ernment contracts or federally as-
notice to be provided by the A- sisted construction contractJs in ac-
gency setting furth the provisions I corance with procedures authorized
of tills nondiscrimination clause. in Executive Order ],1246 of Sep-
(b) The Contractor will in all tember 24, 1965 as amended by
solieitMions or a d'V e r ti~ements Executive Oreer 11375 dated Octo-
for employees placed by or on ber 13, 1967, and such other sanc-
behaolf of the Contractor slate that tious may be imposed an remedies
all qualified applicants ~ill recei,ve invoked as provided in Executi'Ve
considera,tion for employment with- Oreer 1l246 of September 24, 1965
out regare to race, color, religion, as amended by Executive Order
sex, or national origin. 11375 dated October 13, 1967, or
(c) The Contractor will send to by rule, regulation, or order of
each labor union or representati'Ve the Secretary. of Labor, or as 0-
of workers with which the Con- theI'Wlse provIded by law.
tractor has a collective bargaining (g) The Contractor will include
agreemeut; or other eontra,ct or tbe provisions of Paragraphs (a)
unde~standing, a notice, to be pro- bhrougll (g) of tbis Section in every
vided, advising the lalJor union or subeontrac,t to pureh..se oreer 00-
worker's ~resentative of the Con- les,s exempted by rules, regula-
tra,ctor's commitments under Sec- tions, or ordern of the Secretary
tiDn 202 of Executive Order lJ.246 of L..oor issued pursuant to Section
of September 24, lOO5, as amended 204 of
by Executive Order lJ.375 dated E-xecutive Oreer 1l246 of Se¡>-
October 13, 196~, and shall post tember 24, 1965 as amended by
copIes of the notice m conspICUOUS Executive Order 11375 dated Oct-
plac~ ..v-aj ,..ble to employees and ober 13, 1967, so that such provi-
a,pplicants fur employment. stions wiN be binding upon eacb
(d) The Contractor will comply subcontractor or vendor. The Con-
with ..11 provisions of Executive tractor will take such action with
Order H246 of September 24, 1965 respect to any construction eon-
as ..mended by Executive Order tract, subeontra,ct, or purch...e or.
11375 dated Ocwber 13, 1967, and der as the Agency or the Depart-
of the rules, regulations, and re- ment of Housing and Urban De-
levant ordern of the Secretary of velopment may direct ..s a means
Labor. of enforcing such provisions, in-
(e) The Contractor will furnish eluding sanctions for noncompli-
all information and reports requir- ance: Provided, however, that in
ed by Executi'Ve Order 11246 of the event the Contractor becomes
September 24 lOO5 as amended involved in, or is lbreatened with,
by Executive' Oreer 11375 dated litigation with a subcontractor or
October lß, 1967, and by the roles, venoor as a result of such direction
regulatiDns and orders of the Se. by the Agency or the Department
cretary of 'La'oor or the Secretary of Housing and Urban Develop-
of Housing and Urban Develop- , ment, the Contractor may request
ment pursuant thereto, and wj¡JJ I the U,:,ited. States to enter ~to
permit a,cces-s to the Contractor's' such litigation to protect the m-
books, records, and accounts by I erests of the Uuited States.
the Agency, the Secretary of Hous- Secion 11. Tms Resolution is
ing and U~ban Development, and ado¡pted for the purpose of inducing
the Secretary of Labor for pur- the Secretary of Housing and Ur-
poses of in'Vestigation to ascertain ban Development to i..uebis 81'-
compliance with snch rules, regu- proval of the retention of tbe said
lations and orders. Property for tbe intended purpose
(f) In the event of the Contrac- upon payment of the P u r chase
tor's noncompliance with the non- Price, and for the purpose of creat-
discrimination clauses of this con- ing the covenants running with the
tract or with any of such rules, land as set forth in Section 7,
regulations, or orders, this con- and in ore... to accomplish same,
tra,ct may be canceled, terminated, the Oity Clerk of tbe Agency is
or suspended in whole or in part hereby authorized and directed to
and the Contractor may be de- canse of a certified copy of this
elared ineligible for further Gov- Resolution to be recorded among
"'"
Special Session, June 11, 1973 335
the land records in the Office I al Pian, and particularly to make
of the County Recoreer of Du- land in the Project Area a'Vail-
buque County, Iowa. able for redevelopment by a public
Passed approved and adopted entity for and in accordance with
this 11 day of June, 1973. the uses specified in the Urban
Joseph J. Bitter Renewal Plan, both the Federal
Mayor Government and the City of Du-
Walter A. Pregler buque bave un?ertaken to p~ovid.e,
Allan T. Thoms and ha~e prOVIded substantial aId
Wayne A. Moldenhauer and assIstance lbrough a Contract
Councilmen for Loan and CapItal Grant dated
ATTEST: July 213, 1967; and
Leo F Frommelt WHEREAS, under date of the
CITÝ CLERK 12th day of June, 1972, the City
. of Dubuque and Dwbuque County
Councllman Moldenh~uer moved entered into Articles of Agreement
adoption of the resolution. Seco~d- entitled "Joint CountY-City Law
ed by Councll!"an Thoms. Carned Enforcement Center Building" and
by the foUowrng vote: whioh Agreement provided among
Yeas-Mayor Bitter, Councilmen other tbings that the real estate
Moldenhauer, Pregler, Thoms. in the Project Area more parti-
Nays-Councilman Justmann. cularly described in Section 1, pre-
sentiy in the name of the City
RESOLUTION NO. 198.73 of Dubuque shaH be owned jointiy
Authorizing the execution of a in the names of the City of Du-
contract for sale of land for public buque and Dubuque County, for
redevelopment with Dubuque Coun. the purpose of construction of a
ty, lowe Joint Law Euforcement C enter
WHEREAS, the City of Dubuque Building on the said red estate
in furtherance of the objecti'Ves WIth Dubuque County beIng des-
of Cbapter 4œA of tbe Iowa Code ignated as Owner for construction
as amended, has undertaken a pro- purposes; and
gram for the clearance and re- WHE'REAS, the purpose of this
cons'tructiDn or rehabilitation 0 f Resolution is to provide for the
slum and blighted areas in the execution of a contr...t for the
City of Dwbuque and in this- con- conveyance of 70.7317% of tbe red
nection is enga-ged in carrying out estate at its fair market value
an u"ban renewd project known to Dubuque County in fuJfil!ment
as the "Downtown U"ban Renew>al of the terms of the s'aid Ar-ticles
Project, No. Iowa R.,¡¡¡" in an area of Agreement; now therefore
loeated in the City of Dubuque; BE IT RESOLVEID BY THE
and CITY COUNiCIL OF THE CITY
WHEREAS, as of the d..te nf OF DOOUQUE, IOWA:
the adoption of this ResolutiDn, Section 1. That the Mayor and
tbere h... been prepared a,n Urban City Clerk ,be and they are hereby
Renewal Plan for the Project con- authorized and directed to enter
sisting of the Urban Renewal Plan into a Contract for the Sale of
dated May, 1967, and a,pproved by Land fur Pwblic Redevelopment in
the City Council of the City on accordance with the reg uiations
May 18, 1967, by Resolution No. governing suClh sales with Dubuque
123-iJf1; and County of an undivided 7O.73l7 per-
WHEREAS, a copy of the Urban cent in and to the reail estate
Renewal Plan as con"tituted on known as North 57 feet of Reuse
the date of Agreement has been Parcel 1 and all of Reuse Parcel
recorded among the land records 2 in Block 3 of the Dountown Ur-
for the p!a,ce in wbich the Project ban Renewal Project, Project No.
Area is situated, n..mely, in the Iowa R-15, legally described as
o£fiee of the Recorder of Dubuque An undivided 70.7317 percent in
County, Iowa, in Book 295 of Mort- and to Lot 1, except the South
galges, Pages :?J5 to 259; and 79 feet thereof, of Block 3 in
WHEREAS, in order to enable DuJ¡uque Downtown Plaza in the
<be City of DuJ¡uque to acbieve Cliy of Dubuque, Iowa.
the objectives of the Urban Renew- Section 2. That said parcel of
Special Session, June 11, 1973
ed and filed. Seconded by Mayor
Bitter. Carried by the following
vote:
Yeas-Mayor Bitter, Councilmen
Justmann, MoJdenhauer, Pregler,
Thoms.
Nays-None.
(Awarding Contract)
RESOLUTION NO. 199-73
WHEREAS, sealed propos..ls
have heen snhmitted by contrac-
tor-s for the 1973 Asph..ltic Pa-ving
Project No.1 University Avenue
from the W.P.L. of McCormick
Street to the E.P.L. of Gillian'
Street. TOPICS Project No. T-73ó-
7c(3)-46-31l. pursuant to ResolutiOJ
No. 100-73 and notice to bidders
published ina new'9aper pUblished
in said City on May 18, 1973 and
May 25, 1973; and
WHEREAS, oaid sealed propo
oals were opened and re..d on June
7, 1973, and it has been determined
<bat the bid of Mulgrew Blacktop
Inc- of Dubuque, Iowa in the
amount of $148,800.82 was the low
est bid for the furnishing of aU
labor and materials and perform,
ing the work as provided for in
the piano and specifications; now
therefore,
BE IT RESOLVED by the Cit
Council of the City of Dubuqnc
that the contract for the above
mentioned improvement be award-
ed to Mulgrew Blacktop Inc., 51
ject to Federal Highwa,y Adminis-
tration approvti and the Man
be and he is hereby directed to
execute a contract on behalf
the City of Dubuque for the com.
plete performance of said work
BE IT FURTHER RESOLVED.
that upon the signing of said c
tract and the approva~ of the con.
tra,ctors bond the City Treasurer
io authorized and instructed to reo
turn the bid deposits of the ur
suceesful bidders.
Passed and adopted this 11th da;.
of June, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thomo
C. Robert Justmann
Wayne A. Moldenhauer
Councilmen
336
rea~ estate shall be sold for its
fair mari<ct value computed at
$2.5ð per square fuot-
Passed, approved and adopted
this 11th day of June, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
W,ayne A. Moldenhauer
Councilmen
ATTEST:
Leo F. Frommelt
CITY CLERK
Councilman Moldenhauer mO'Ved
adoption of the resolution. Second-
ed by Councilman Thoms. Car-
ried by the following vote:
Yeas-Mayor Bitter, Councilmen I
Moldenhauer, Pregler, Thoms.
Nays-Counciiman Jus t manu.
proof of publlcation, eertifed to
by the publisher, of Notice to Con-
tractors of the receipt of propooals
for the construction of b..lance of
City of Dubuque 1973 Asphaltic Pa-
ving Project No.1 University Ave-
nue from W.P.L. of McCormick
Street to E.P.L. of Gilliam Street,
presented and read.
Councilman Moldenhauer moved
that the proof of publlcation be
received and filed. Seconded by
Mayor Bitter. Carried by the fol.
lowing vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
June 8, 1973
To the Honorable Mayor
and City Council
Pursuant to your instructions,
sealed proposals were received un-
til 10:00 A.M., C.D.T. Thursday,
June 7 1973 for the 1973 Asphaltic
Paving Project No.1, University
Avenue from the W.P.L. of Mc
Cormick St. to the E.P.L. of Gil.
liam Street.
The lowest bid w..o entered by
Mulgrew Blacktop Inc. of Dubuque,
Iowa. Their bid was 7.61% above
the Engineer's Eotimate.
I recommend that the contract
for the improvement be awarded
to Mulgrew Blacktop Inc.
Gilbert D. Chavenelle
Oity Mana,ger
Councilman Moldenhauer moved
that the communication be receiv-
Attest:
Leo F. Frommeit
City Cleri<
Special Session, June 11, 1973
337
Councilman Moldenhauer moved
adoption of the resolution. Second-
ed by Mayor Bitter. Carried by
the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
ThoIIh'l.
NaYS-None.
June 6, 1973
To the Honorabie Mayor
and City Council
I hereby submit the attached
No.1 inclusive showing a scedule
of the proposed valuations and as.
sessments for the construction 0
the North Aigona Sanita-ry sewer
8 inch between University Avenue
and Lora. Boulevard.
Jobn L. White P.E.
City Engineer
Councilman Pregler moved ap-
proval of the schedule. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas-Ma~or Bitter, Councilmen I
Ju1>tmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
RESOLUTION NO. 200-73
Approval of prellminary est i-
mate, proposed plans, specifica-
tio,,", form of contract, plat and
all other documents for the con.
struction of North Algona Sanitary
Sewer 8 inch, Between University
Avenue and Loras Boulevard, at
an ...timated cost of $5,036.72, pre-
sented and read. Councilman Preg-
ler moved adoption of <be reso ¡
Seconded by Councilmen Thoms.
Carried by the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, MOldenhauer, Pregler.
Tboms.
NaY8>-None.
(Necessity for Improvement)
RESOLUTION NO. 201-73
WHE;-REAS, proposed plans, s!pe-
cifications, fu~m of contract, plat
and ochedule have been duly pre-
pared and approved by tbe City
Council of the City of Dubuque and
are now on file in the o!fiœ of the
City CIeri!: sliowing among other
things the fullowing.
1. The boundries of the district,
if any.
2. The size of kind of sewers.
3. Each lot proposed to ,be a-s-
essed together with a vaIu..tion
fixed by the council.
4. An estimate of the cost of
the proposed improvement, stat-
ing the same for, each difterent
type of construction and kind of
material to be used.
5. In each case the amount there-
of which is eotimated to be ""sess-
ed against each lot, for the
North Algona Sanita,ry Sewer 8
inch - Between University Avenue
and Lora-s Boule'Vard
BE IT FURTHER RESOLVED
that the City Council on its own
motion or upon petition of property
owners, deems ;,¡ -ad\'iswble and
necess-ary for the public walfare
to make the herein mentioned im.
provement, and unless property ow
ners at the time of the final consid-
eration of IIIili; proposed resolution
have on file willi the City Clerk
objections to the amount of the
proposed assessments, they sliall
be deemed to ha'Ve waived all ob-
jections thereto.
Said improvements sliall be con-
structed and done in accordance
with the plans and speeificatio,,"
which ha-ve been prepared there-
fore by tbe City Engineer which
have been awroved by the City
Counci!l and are now on file with
the City Clerk. That the cost and
eJGPOnse of making said improve-
ment wiU be assessed n¡>on and
against all privately owned pro-
perty lyin,g within assess-aWe dis-
tance pro'Vided by law and in an
amount not toexeeed the "'mount
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 speciail benefits conferred
therelhy, and any deficiency shaH
be paid out of the seewer funds.
Sewer Bonds shall be is-sued and
sold in anticipation of deferred pay-
ments of assessments when a eon-
wact has been performed and ac-
cepted and the proceeds thereof
used to pay the contractor. The
raHway portion of any street or
assessment di-otriet shall be assess-
ed to and paid by the railway
company.
Tbe above resolution was intro-
duced, approved and ordered plac-
ed on file with the City Clerk
tbis lith day of June 1973.
338
Special Session, June 11, 1973
Approved and placed on file fur
final action. Appro'Ved
Joseph J. Bitter
,Mayor.
Walter A. Pregler
Anan T. Tboms
C. Robert Justmann
Wayne A. Moldenhauer
Councwmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved app-
roval of the resolution. Seconded
by Councilman Thoms. Carried by
1Ibe following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Tboms.
Naya-None.
(Fixing Dote of Hearing)
RESOLUTION No. 202.73
WHEREAS, the City Counei1 of
the City of Dubuque, I<>wa, has
by Resolution No. 200-73 given its
preJiminary ¡¡,pproval on the pro.
posed plans, specifications and
form of contract and placed same
on file in the office of the City
Clerk for pubIdc inspection, for the
NortIJ Aligona Sanitary Sewer 8
inch - between UnI'Versity Avenue
and Lora~ BoUlievard and,
WHEREAS, the proposcd Reso-
lution of Necessity for said im-
pro'Vement has been introduced and'
is now on file in the City Clerl<'s
oMice for public inspection,
-BE IT THEREFORJE RESOLV.
ED that on the 9th day of July
1973, a pubIdc hearing will be held
at 7:30 o'c1ock P.M. ODT in the
Council Chamlber in the City of
Dubuque at which time the owners
of property subject to ..ssessment
for <be proposed improvement may
appear and make objection to the
proposed plans and specmcations
and proposed furm of contract and
at the same time to the bound-
aries of the proposed district, to
the cost of bhe impro'Vement, to
the amount _proposed to be assessed
against any lot and to the passage
of the proposed Resolution of Ne-
cessity and the City Clerk be and
he i.s hereby directed to cause
a notice of the time and place
of such hearing to be published
in some newspaper published in
the city of Dubuque, the last of
which shall be not less than two
(2) nor more than (4) weeks prior
~~-~-
_W'" -
to the day fixed for its considera.
tion and unless property owners
at the time of final con"ideration
of s-aid resolution ha'Ve 00 file with
the CIeri< objections to the amount
of the proposed _essment, they
shall have been deemed to have
waived ali objections thereto, at
wblc-h hearing the Council wiJJ hear
such Objections and eIJlter on record
its finai decision thereon.
P,assed, adopted and approved
this 11th day of June, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Anan T. Tboms
C. Robert Justmann
Wayne A. Moldenhauer
Councilmen
Attest:
Leo F. Frommelt
City CIeri<
Councilman Pregler moved adO! >-
tion of the resolution. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas-M>ayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Tboms.
NaY's-None.
RESOLUTION No. 203.73
BE IT RESOLVED by the City
Cound[ of 1Ibe City of Dubuque,
Iowa, th&t ,the WMowinig having
complied with the prov;,;ions of
law relating to the sale of Cigar.
ettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarette<¡ and Cigarette P&pers
within said City.
Dennis A. Althaus, 1575 CeIlitral
Avenue.
Car N. Brant, 2600 Central A'Venue.
Cand'iield Hotel, Inc., 36 West 14th
Street.
Linnie Dlillbar, 504 Central Avenue.
D. B. Q. Inc., 4th & Locust Street.
Dubuque Packing Company (Re-
tail Store), 19th & Sycamore.
Ramona Fettgather, 1103 Iowa
Street.
Lester & Marie Eicbhorn, 1725 Del.
hi.
LaVerne Felderman, 1889 Jackson
Street.
Tbeodore J. Ferring, 3185 East 13<1>
Street.
John F. Glynn, 760 EaJst letb street
Great Atlantic & Pacific Tea Co.,
3æß Asbury Road.
John J. Heiderseheit, 1278 Central
Avenue.
Special Session, June 11, 1973
Hartig Drug Company, 22nd & Cen-
tral Avenue.
Hartig Drug Company, 1st & Lo-
cust Street.
Har-tig Drug Company, 2255 J. F.
Kennedy Road.
Har-tig Drug Company, Town Clock
Plaza.
Donald IDes, 26eO University Ave.
Due.
Ernest J. Kretz, ai,st & ~al
Avenue.
Lucky Stores, Inc." 3049 Asbury
street.
Lucky Stores, Inc., 3033 Asbury
Street.
L~ Stores, Inc., 1800 Elm Street
Lucky Stores, Inc., 200 S. Locust
Street.
Leonard Oil Company, 1387, Dodge
Street.
Montgomery Ward, 55Ii J. F. Ken-
nedy Road.
CyriJ N. Meitl, 1555 Oenllr.m A'Venue
Nash Finch Company, 190 J. F.
Kennedy Road.
Riverside Bowl, Inc., 1860 Haw-
-thome-Street.
Joseph E. Reisdorf, 601 Rhomberg
Avenue.
Rainbo Oil Company; 1075 Dodge
Street. I
Paull W. Selholll1neyer, 176 Loeust
Street.
Allen C. Tressel, 2528 Central/we-
nue.
Doris J. Tigges., 2776 Jlackson
Street.
Mr. A. J. (Marita) Tran>, l266
Central Avenue.
Walgreen Company, 555 J. F. Ken-
nedy Road.
Helen Weiner, 700 UIWverSiity A'Ve-
nue.
Martin C. WesteI1field 280 S. Locust
Street.
Martin C. & Es<ber H. Westerfield,
2175 Centra! Avenue.
Eileen Wunder, 1046 Central Ave-
nue.
Welsh Enterp,rises, Inc., 620 S.
Grand'View Avenue.
Wareco Systems of Iowa, 700 Rhom
ber,g Avenue.
Miracle Car Wash, Inc., 255 Locust
Street.
Richard O'Ha~a, 70-Locu.t street
Ruegnitz Drugs, 629 Rbomberg Ave
nue.
339
~--
Pa.sed" adopted, and - approved
th;,; llbh day of June, 1973.
Joseph J. Bitter
Mayor
OC" R<>bert Jus-tmann
WaIter A. pregler
AJi.an T. TIIoms
Wayne A. Moldeubauer
Counc¡wen
Attest:
Leo F. Frommelt
oCity Clerk
Mayor. Bittel" lIl<Wed, a<!6ption - of
the resolution" Seconded by , Coun-
cilman Pregler. Carried by the
following vote:
Yea's----Mayol" Bitter; Councilmen
Justmann, Moldenhauer, Pregler,
Tboms.
Nays-None.
RESOLUTION NO., 204.73
WHEREAS, applications for Beer
permits have been submitted to
this Couneil fur approval and the
same have been examined; NOW
THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, bhat the following applica-
tions he granted and permits is-
sued upon the compliance with the
terms of the ordinances of the
City.
CLASS "C" BEER PERMIT
Welsh Enterprises-, Inc., 620 S.
Grandview Avenue
Patricia Ann Sutton, 2850 Burling.
ton Street
Passed, adopted and approved
tbis 11th day of June, 1973.
Joseph J. Bitter
Ma,yor
C, Robert. Justmann
Walter A. Preg,ler
AUan T. Tboms
Wayne A. Moldenhauer
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Bitter moved adoption of
tbe resolution: Seconded by Coun-
cilman Pregler.' Carried by the
followiug vote:
Yeas----Mayor Bitter; Councilmen
Justmaun, Moldenhauer, Pregler.
Tboms.
Nay;s~None.
ReSOLUTION NO.. 205-73
BE IT FURTHER RESOLVED WHEREAS, applications for Beer
tl¡at tbe bonds med with the al>' permits werefi.led, by the wi>UIin
plication be approved. named applicants and they 'have
340
Special Session, June 11, 1973
reeei'Ved the approval of tms Coun- ! Creslanes Bowling, Inc., 256 S.
cil; and I Main Street
WHEREAS, the premi.es to be : Joseph E. Reisdorf, 601 Rhomberg
occupied by such applic..nœ were: Avenue
inspected and fuund to comply with' Colleen M. Wallace, 24!l Main
the ordinancœ of this City and Street
they have filed proper bonds; Ramona Fettgather, 1103 Iowa
NOW THEREFORE BE IT RE- Street
SOINED by the City Council of Passed adopted and approped
the City of Dubuque,. Iowa, that this lIth' da,y of June, 1973.
the Manager be authonzed to cau.. J h J B'tte
to be issued to the fullowing named °:rep . 1 r
applicants a Beer permit. ayor
CLASS "C" BEER PERMIT C. Robert Justmann
Welsl1 Enterprise¡, 1nc., 600 S. Walter A. Pregler
Gr-andview Avenue Allan T. Thoms
Patricia Ann Sutton, 2850 Burling. Wayne ~. Moldenhauer
ton Street Attest: Counc1lmen
BE IT FUR~R RESOLVE~ Leo F. Frommelt
that the bonds filed by such apph- City Clerk
cants be and the &ame are hereby
approved. Mayor B!tter moved adoption of
Passed, adopted and approved ~e resolution. Seconde.d by Coun-
this 11th day of June, 1973. ei1ma,! Pregler. earned by the
Joseph J. Bitter followmg vote: . .
Mayor Yea5-Mayor B1tter, Councilmen
C. Robert Justmann Juslmann, Moldenb..uer, Pregler.
Wa,lter A. Pregler Thoms.
Allan T. Thoms Nays-None.
Wayne A. Moldenhauer RESOLUTION NO. 207.73
. Councilmen WHEREAS, applications fur Li.
Attest. quor licensC5 were filed by the
Leo. F. Frommelt within named applicants, and they
CIty CIeri< have received the approval of this
Mayor Bitter moved adoption of Council and
the resolution. Seconde,d by Coon- WHEREAS, the premÎßes to be
eilma,! Pregl~r. Carned by the occupied by such applicants were
followmg vote.. . inspected and found to comply with
Yea5-Mayor Bitter, CoUDeilmen the State Law and ali CIty ordi.
Jnstmann, Moldenhauer, Pregler, nances relevant thereto and they
Thoms. bave filed proper bonds,
Nays-None. NOW THEREFORE BE IT RK
RESOLUTION NO. 206.73 SOLVED by the City Council of
WHERJEAS. applications for Li- Dubuque, Iowa, that the Manage"
quor licenses have been submitted be authorized to cause to be is.
to this Council for approv-a! and sued to <be following named appli.
the same hlWe been examined, ca,nts a Liquor license.
NO WTHEREFORE BE IT RE. - CLASS "C" (COMMERCIAL)
SOLV~ by tbe CIty Council of \ BEER LIQUOR LICENSE
the City .of Dub,:,qu,~, Iowa, <bat Eileen Wunder 1046 Central Ave.
the fuliowmg applications be grant. nue '
~m~~~n~ce:.: ::~rr:i~f:: Cyril N. Meitl, 1565 Central Ave-
IOWA LIQUOR OQNTROL ACT- nue
CHAPTER l3l-as amended by the Creslanes Bowling, Inc., 255 S.
64th Gene~al Assembly, 1971. Main Street
CLASS "c" (COMMERCIAL) Joseph E. Reisdorf, 601 Rhomberg
BEER LIQUOR LICENSE I A'Venue
Eileen Wunder, 1046 Central Ave- Colleen M. Wallace, 24!l Main
nue I Street
Cyril N. Meitl, 1555 Centra,l Ave. Ramona Fettgather, 1103 Iowa
nue Street
,.:r;
Special Session, June 11, 1973
341
Passed, adopted and approved Seconded by Councilman Pregler.
this lIth day of June, 1973. Carried by the fullowing vote:
Joseph J. Bitter Yeas-Mayor Bitter, Councilmen
Mayor Jus-tmann, Moldenhauer, Pregler,
C. Robert Justmann Tboms-
Walter A. Pregler NaY5-None.
Allan T. Thoms Leo F. Frommelt
Wayne A. Moldenhauer CIty Clerk
Councilmen
Attest:
Leo F. Frommelt
City Olerk
M..yor Bitter mo'Ved adoption of
the resolution. Seconded by Coun-
cilman Pregler. Carried by <be
following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
Proof of Public-ation, certified to
by the Publisher, of Notice to Con-
tractors of Receipt of Proposals
for \be construction of 1973 Con-
crete Sidewalk Project, presented
and read.
Councilman Preg¡ler moved tbat
the proof of publiea-tion be received
and filed. Seconded by Councillman
Th<>ms. Carried by the following
vote:
Yea5-Miayor Bitter, CouncHmen
Justmann, Moldenhauer, Pregler,
Tboms.
Nays-None.
Approved .................................. 1973
Adopted .................................... 1973
Councilmen
Attest:
City Clerk
June 1:1, 1973
To the Honorable Mayor
and the Oity Counci[
Re: 1973 Sidewalk Program
This is to advise you that no
proposals were recei'Ved for the
subject program on Thwsday,
June 7, 1973.
The Engineering Department ha.
reviewed the program with the
plan holders and it is their recom.
mendation the project be rebid.
We are hopeful competilive bids
wlll be received on the project.
Gilbert D. Chavenelle
,CIty Manager
Councilman Pregler moved ap-
proval of the recommendation. Se-
conded by Counci1man Thoms. Car-
11ied by tbe following vote:
Yeas...,Mayor Bitter, Councilmen
Justmann, Moldeubauer, Pregler,
Thoms.
Nays-None.
There being no further business
Mayor Bitter moved to adjourn.
Special Session, June 18, 1973
343
Special Session, June 18, 1973
of $3533.50, presented and read.
Councilman, Pregler moved that
the Manager be autb.ordzed to sign
the agreement. Seconded hy Coun-
cilman Thoms. Carrded by the fol-
Tem Moldenbauer, Councilmen
Preg~er, Thoms.
Nay,s--'None.
AJbsent - Mayor Bitter, Council-
man Justmann.
June 15, 1973
To the Honorable Mayor
and City Conncil
I submit to you an inventory
of the 'lihrary of the Municipal
Court; an inventory of the furni-
ture and equipment and a list of
construction and installation work
items.
I intend to submit this inventory
to the County SuperVÌßors and re-
que.t payment.
May I ha'Ve your approval.
Gilbert D. Ch..venelle
City Manager
Councilman Pregler moved to au-
tborize the proposed sale and same
be brought back to the Council
befure final disposition. Seconded
by Councilman Justmann. Carried
by <be following vote:
Yeas - Pre'¡ding Officer Pro
Tern Moldenhauer, Councilmen
Pregler, Thoms.
Nays-None.
Absent - Mayor Bitter, Council.
men Justmann.
June 14, 1973
To the Honorable M..yor and
Members of the City Council.
This is to advise you that I
have approved the following bonds
and -policies- ..nd desire to have
your approval on s,..me.
Sidewalk Construction Bonds
Cletu. A. Nauman, Mid western
C..su..lty & Surety Co. Bond No.
29248 .
Tri-Sbate paW¡g Compa,ny, Mer-
-chants M-ultuM Bonding Co. Bond
No. 2536314.
General Liability Policy
M. F. Goerdt Construction Co.
Bituminous Oasuailty Corp. Pol.
#737022.
Workmen's Compensation
M. F. Goerdt Construction Co.
Bituminous Insurance Compan-
ies Policy No. WC 470392.
Gilbert D. Chavenelle
City Manager.
Councilman Pregler moved that
filing be a,pproved subjeet to ap-
proval of the City Solicitor. Second-
342
ed by Councilman Thoms. Carried
by the following vote:
YelLS-Presiding Offieer Pro
Tem Moldenhauer, Co u n cilmen
Pregler, Thoms.
Nays-None.
Absent-Mayor Bitter, Council-
man Jus,tmann.
Notice of claim of Ra,y A. Roth,
in the amount of $299.49, for car
damage incurred as the result of
a oity-owned street depa11tment
truœ:erasmng into I»s car on June
7,1973, presented and read. Coun.
cilman Pregler moved that the no.
tice of claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Thoms. Carried by the fullowing
vote:
Yeas-Presiding Officer Pro
Tern Moldenhauer, Counci~men
Pregler, Thoms.
Nays-None.
Absent-Mayor Bitter, C 0 u n-
cilman Justmann.
Notice of claim of John L. Fang-
man, in the amount of $25.00, for
expense incurred as, the result of
the impoundment of a eat in er-
ror presented and read. Council-
man Pregler moved that the no-
tice of claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilm..n
Thoms. Carried by the foIIDwing
vote:
Yeas-Presiding officer Pro
Tem Moldenhauer, Co u n cilmen
Pregler, Thoms.
Nays-None.
Absent-Mayor Bitter, Co un.
cilman Justmann.
Counci1man Pregler <naveda,p-
proval of the recommendation. Se-
conded by Councilma-n Thoms. Car.
ried by the following vote:
Ye...,.....Presiding Officer Pro
Tern Moldenhauer, Co u n eilmen
Pregler, Thoms.
Nays--'None.
AJbsent-Mayor Bitter, C ou n -
cilman Justmann.
June 14, 1973
Honorable M-a,yor and-City Council
On May 30, 1973, Josepb A. Beur-
.ken. of 2835 MWiCátine Street filed
claim for damages alleging a fall
on West 28th from Davenport
Street to Central Avenue on April
11, 1973 due to snow and icy con-
dition of the street.
I have made an "inveStigation
of this matter and have examined
the police report and find no 'ac-
tionable negligence on the part of
the City of Dubuque and therefore
recommend denial of said claim.
Original, claim.. returned, here.
with.
aTY COUNCIL I
OFFICIAL
Special session, June 18, 1973.
Council met at 7:30 P.M. (C.D.
T.)
Present - Councilmen Molden.
hauer, Pregler, Thoms. City Mana.
ger Gilbert D. Chavenelle. .m
AbSent - Mayor Bitter, Council.
man Justmann. (at roll call).
Presiding Officer Pro Tem read
the'ull and stated that ser'Vlee
thereof had been duly made and
this meeting is called fur the pur-
pose of amending zoning Ordinance
No. 3.34 by amending Article IV
Subsection 2 (I) thereof to include
the easterly 115' of Lot 760 in
McDaniels Sub. to permit off street
parking, and acting upon such oth-
er business as may properly come
before a regular meeting of the
Council.
Communication of State of Iowa
Department of Environment..l Qua-
lity approving sanitary and func-
tional fe..tures for Hawkeye EJs-
t..tes Notice #73-æW, 1438' of CIP
Hawkeye Dri'Ve and Inwood A'Ve-
nue, presented and read. Council.
man Pregler moved that the com-
munication be received and filed.
Seconded by Councilman Thoms.
C~~: ~ ~:e:::It:i~:::: Pro I
Tern Moldenhauer, Councilmen
Pregler, Thoms.
Nays-None.
AJbseni - Mayor Bitter, Council-
man Justmann.
CommUDlÎcation of State of Iowa
Department of Environmental Qua-
lity issuing construction permit No.
73"114-8 Sanitary Sewer Exten'¡ons
Improvement Plans, Phase 1 for
Hawkeye Estates presented and
read. Councilmen Pregler mo'Ved
that the communication be receiv-
ed and filed. Seconded by Coun-
cilman Thoms. Carried by the fol-
lowing vote:
Yeæs - Presiding Officer Pro
Tern Moldenhauer, Councilmen
Pregler, Thoms.
Nays-None.
AJbsent - Mayor Bitter, CouncH-
man Justmann.
Communication of Iowa State
Highway Commission submitting
a,greement for Primary Road Ex-
tension Maintenance and operation
to June 30, 1974, in the amount
R. N. Russo
City Attorney
ADDENDUM:
The date of tile claimant's fall
wa,s preceded by an unusually se.
vere snowfall commencing on A.
pril 8, 1973 and ending on April
10, 1973.
R. N. Russo
Councilman Pregler mo'Ved ap-
proval of the recommendation. Se.
conded by Councilman Thoms. Car
ried by the following vote: Presid-
ing Office Pro Tem Moldenhauer,
Councilmen Pregler, Thoms.
Nays-None.
Absent-M..yor Bitter, Co un.
cilman Justmann.
Mayor BLtter entered the Council
Chamber at 7:45P.M.
DOCK BOARD ORDINANCE
NO. 2.73
An ordinace fixing and establish.
ing wharfage, fees by the Board
of -Dock commissioners of the City
of Dubuque, Iowa, which shall be
paid by lessees of waterfront pro-
perty under the iurisdiction and
control of the Board of Dock Com.
missioner< of ,the City of Dubuque,
Iowa,
presented and read.
-Councilman Moldenhauer móved
tbatthe reading just had be eon-
June 14, 1973
Honor>a,ble Mayor and City Council
On June 8, 1973, Insurance Com.
pany of North America filed claim
for damages paid to Evelyn C.
Wieland for Hartig Drug Co. and
claiming that -.aid insurance com-
pany was sur<>gated to Hartig's
interests and demanded we settle
s-aid claim.
The alleged date of injury wa-s
December 1$, 1972 and the' first
notice thereof received by the City,
if any, was dated May 7, 1973.
The pu"portedelaim of Insur.
a-nce Company of North America
does not state a legal claim and
accordingly, same should be de-
nied.
R. N. Russo
City Attorney
344
Special Session, June 18, 1973
sidered the first reading of the goods herein used shall not in~ude
Ordin3!nce. Seconded by Council- bulk lumber wbich sha,ll be con-
m3!n Pregler. Carried by the ful- sidered bulk solids even though
lowing vote: packaged in bundles, or any other
Yeas-Mayor Bitter, Councilmen method of transportation.
Moldenhauer, Pregler. (4) Five cents (5 cents) per ton
Nays~uncilman Thoms. far the first 28,000 tons of grain
Aibsent~Councilman JustmaDD. transferred to, or from, the leased
Councilman Moldenhauer moved or subleased premises by water
that the rule requiring an Ordi- transport..tion, ram tra,nsportation
nance to be read on three separ..te or motor vebicle transportation.
days be waived. Seconded by Coun- Four cents (4 cen,ts) per ton fur
cilman Pregler. Carried by the the second 28,000 tons and three
fullo'Ning vote: cents (3 cents) per ton for any
Yeas-Mayor Bitter, Councilmen additional tonnage of grain trans-
Moldenhauer, Pregler. ferred to, ar from, the le...ed or
Nay.s~uncl1man Thoms. subleased premises by water trans-
Absent-Councilman Justmann. port3!tion, rail transportation, or
DOCK BOARD motor vehicle trans¡portation. Any
ORDINANCE NO. 2.73 wharfage fees in connection wi<b
AN ORDINANCE FIXING AND the shipment, receipts and transfer
ESTABLISHING W1MRFAGE of gr3!in totalling wharfage fees
E1EES BY THE BOARD OF of $5,000.00 per year, then the rates
DOCK COMMISSIONE-RS OF far any tonnage in exc""s of said
THE CITY OF DUBUQUE, 10- amount shall be 3!t rate of two
WA, WIDCH SHALL BE PAID cents (2 cents) per ton.
BY LESSEES OF W ATE R- Section 2. That the Secretary
FRONT P,ROP-ERTY UNDER af the BOard af Dock Commis-
'l1HE JURISDICTION AND CON- sioners af the City af Dubuque,
TROL OF THE BOARD OF fowa is hereby directed to cause
DOCK COMMISSIONERS OF a certified copy of this Ordinance
THE OITY OF DUBUQUE, 10- to be transmitted farthwith to the
WA City Olerk and direct said Oity
NOW THEREFORE BE IT OR- Oierk to cause said O~ance to
DAINED BY 'l1HE BOARD OF be published oIliCe in a newspaper
DOCK COMMISSIONERS OF THE af ,general circulation published in
CITY OF DUBUQUE, IOWA: the City of Dubuque, Iowa and
Section 1. The Baard of Dock that a certified copy of this Ordi.
Commissioners af the City of Du- n..nee be posted in .. conspicuous
buque, Iowa do hereby fix and place in the offices of the BOard
estab~sh fees and charges pay- of Dock Commissioners of the City
æMe by ten3!nts or lessees of said of Dubuque, Iowa.
BOard of Dock Commissianers of Pa..ed and adopted this 1I1<b day
the City of Dubuque, Iowa for use af June 1973.
of waterfront property wbich whar- WiNiam A. McEUbiney
fage fees are as follows: Chariman
(1) Two and one-<half cents (2 Leslie Furuseth
cents) per ton of 2,000 pounds on F. J. Schreiber
all bulk :Ruids received upon the Commissioners
demised premises by water trans- ATI'EST'
portation, rail ar motor transpor- Leslie Furuseth
tation; or. any ather method of Secretary
tr~~~:ti~:~ts (5 cents) per ton . The foregoing Wh..rfage Rate Or-
of 2,000 pounds on all bulk solids dinance W3!S passed! adopted. and
received upon the demised pre- approyed by the City Councll of
mises by w..ter, rail or motor tran- the Clty of Dubuque, Iowa on the
sportation; or any other method 18th day of June, 1973.
of transportation. Joseph J. Bitter
(3) Fifteen cents (15 cents) per Mayor
ton of 2,000 pounds on all pael<..g- Walter A. Pregler
ed goods received upon the de- Wayne A. MoIldenhauer
mised premises by water, rail or C. Robert Justmann
motor transportation (pael<aged Councilmen
-""'" -
Special Session, June 18, 1973
345
ATTEST:
Leo F. Frommelt
Oity Olerk
Published officially in the Tele-
graph-Herald Newsp,aper this 21st
day of June 1973.
Leo F. Frommelt
CUy Clerk
It. 6.21.
Coundlman Moldenhauer moved
final adoption of the Ordinance.
Seconded by Councilman Pregler.
Carried by the fullowing vote:
Yeas~Mayor Bitter, Councillmen
Moldeubauer, Pregler.
Nays-Counci1man Thoms.
Absent-Councl1man Justmann.
Councilman Justmann entered
the Council Cllamlber at 7:50 P.M.
Proof of Publication, certified to
by the Publisher, of Notice of pub-
lic hearing to ..mend Zoning Ordi-
nance No. 3-ß4 by amending Ar-
ticle IV, Section 2 (i) thereof a-s
follows "Arti"le IV Section 2, (I)
Off street parking within, tbe Ely.
1115' of Lot 760 in McDaniel's Sub-
division, presented and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the
time set for <be public hearing.
CouIliCilman Moldeubauer moved
tbat the proof of publication be
received and filed. Seconded by
Councilman Thoms. Carried by the
following vote: I
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenbauer, Pregler,
Thoms.
Nays-None.
ORDINANCE NO. 31.72
AN ORDINANCE AMENDING
ORJDINAINOE NO. 3-ß4 KNOWN
AS 'l1HE "ZONING MAP k'\.N[)
ZONæIIG ORDINACE OF THiE
CITY OF DUBUQUE, IOWA,"
BY AMENDING ARTICLE IV,
SECTION 2, SUBSECTIDN (i)
TlIEREOF TO INCLUDE CER-
TAIN DESCRIBED REAL ES-
TATE TO PERMIT 0 F F
S'I1REET PARKING.
said Ordinance having been pre-
VlÎoU&!y presented ood read all: the
Council meeting of April 23, 1973,
subject to publie hearing, present-
ed for final adoption.
ORDINANCE NO. 31-73
An Ordinance Amending Ordin.nce
No. 3-34 known as the "Zoning
Mep .nd Zoning Ordin.nce of the
City of Dubuque, low.", by amend.
ing Article IV, Section 2, Subsec- i
tion (i) thereof to include certain
described reel estate to permit off
street parking,
NOW THEREFORE BE IT OR.
DAINED BY THE CITY COUNCIiL
OF THE CJTY OF DUBUQUE,
IOWA:
Section 1. Thall: Ordinance No.
3-ß4 known a-s the "Zoning Map
and Zoning O~anee of the Oity
of Dubuque, Iowa", be and the
s,ame is hereby amended by amend
ing Article IV, Section 2 (i) there-
of as follows:
"Article Iv.
Section 2.
(I) Off street parking within the
follawing deseribed area: The
ea.tel1ly one hundred fifteen feet
of Lot 760 in McDaniel's Sub-
division in libe City of Dubuque,
Iowa."
Section 2. That the furegoing
Amendment has here-to-lore been
approved -by libe Planning and Zon.
ing Commission of the City of Du-
buque, Iowa.
Passed, approved and adopted
this Isth day of June, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published offieiaJlly in The Tele-
gr..ph-Her3!ld Newspaper tibis 21st
day of June, 1973.
Leo F. Frommelt
City Clerk
It. 6-21
Counctlman MOldenhauer moved
final adoption of the Ordin-ance
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldeubauer, Pregler,
Thoms.
Nays-NOne.
Proof of Publication, certified to
by the P1>blisher, of natice of pub-
lic hearing to amend Zoning Ordi-
nanee No. 3-ß4 by adding a new
s1>bsection (k) to Section 1 of Ar-
ticle VB Docal Business "B" Dis-
trict for places commonly describ-
ed as Adult Entertainment, pre-
sented and reoo. No written objec-
tions were filed and no oral ob-
jectors were present in the Coun-
346
ell Cl>amber at the time set fur
the hearing.
Mayor Bitter moved that the
proof, of pul¡lieation. be received
, and' filed: Secanded by CouncHman
Œ'IIoms. Can:je,L by. the, fullowing
vote:
Y\ea.....M1i)'Or; Bitter, Gouooilmen
"Instmann, Mioldeol1auer,.' ,Pregler,
. Thoms.
- Nays-;.None.
ORDINANCE' NO. 32.73
An. ordiltance emendin ancl-chong.
ing Ordinance No. 3'-34, known a.
the "Zoning Ordinance and Zoning
Map of tho City of Dubuque, Iowa",
so as'" to 1Idd. a neW' Subsection
Ik) to'Section' 1 'of Article' VB
Ie' cl.<IEy a prohibition on the' use
ofcany' premises in a Lou. Busi.
_s "B" District.for places com-
monly described as adult, enter-
tainment,
said 'ordinance lia'Vingbeen' pre-
",iouoly' presented. and read at the
Council meeting April 23, 1973, sub-
ject to puWc hea~, presented
for final adoption.
ORDINANCE NO. 32-73
AN ORDINANCE AMENDING
AND CHANGING ORDINANCE
NO. 3~4 KNOWN AS THE ZON.
ING ORDINANCE AND ZONING
MAP OF, THE CITY OF DU-
BUQUE, IOWA", SO AS TO ADD
A NEW' SUBSECTION (k) TO
SECTION 1 OF ARTICLE VB
TO CLARIFY A PROHIBITION
ON THE USE OF ANY PRE-
MISES IN A LOCAL BUSINESS
"'B" DISTRICT FOR PliACES
COMMONLY DESCRIBED AS
ADULT ENTE,RTAlNMEm:
NOW THEREFORE< BE IT OR-
DAINIDD BY THE CITY COUNCIL
OF' THE'.OJ)I'Y OF DUBUQUE,
IOWA:
Sactio.. 1. ,That Ordinance- No.
3-34 known as the "Zoning Map
aild: ZOning, Ordinanee of. the City
of' Dubuque, Iowa" be and the
same is hereby ..mended by adding
a new subsection (k) to Section
1. of Article VB, Local Busineos
"B" Distriet as fullows'
".Article vB Local Busdness
'B' Distriet
Section 1. Use Regulations
(k) Prolnlbited uses in this zon-
ing' district shall include any
place of "m,.,ement or entertain-
ment or other ..."blisbment
which place' or ...tablishment is
principally engaged in the busi.
Special Session, June 18; 1973
nes.s of sh<>wing or displaying
any type of materia'ls:, including
books, publications"moving pie-
lUres; and"lbeatrieal performan-
ees¡ whicb are, commouly'referr-
ed to, deseribed or. advertised
as 'adoIltentertalnment' or 'adult
bookstore' bY' reallOIl of a pru-
rient interest or sexuat connota-
tion 1n1'II1Icb, m"tem:ls.
Section 2. That lbe foregoing
Amendment has .heretoim'e been
appro'Ved ..by,the Pianmng and Zon-
inIg.Gommòssiooof the..City"Ji Du-
buque, Iowa.
Passed, appmved, and ad<>pted
this 18th. day, of June;.1973.
" Joseph J. Bitter
Mayor
Walter A. Pregler
MIan T.' Tbc>ms
iWayn6 A.' MoIdoobauer
C. Bobert. Justmann
CøullXlÌll1len
ATTEST:
Leo, F. Frommelt
City Gierk
PuI>lished ofiiciJj [y in The Tele-
gralph-Her1lld Newsp"per this Zlst
day of June,I973.
Leo F. Frommelt
City Clerk
It. 6-21
Mayor Bitter. moved fina[adop-
tion of the Ordinance Seconded
by, ColUlcilman Thoms. Carried by
lbe following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, . Moldenhauer, Pregler,
Thoms.
Nays-None.
An. ordinance, amending Ordi-
nance No. ),34 known as the
"ZOning Map and Zoning 0 r d i-
nonce 'of the City of' Dubuqua,
Iowa"; by amending article I V,
Section 2 (h) thereof to include
oertain described real, estate in
which, professional. OfflC6 or stud.
ios of a physician, dentist, archi-
,teet, engineer" lawyer. reeJtor, in.
surance, musician or similar pro.
fessions may be permitted, and
further prescribing rules govern.
ing tho. issuance of such special
permits a. may be authorized by
the Board of Adjustment, pursuant
to finding and determination by
tho City Council of the existence
of a district having. bistorital and
architectural significance, in' ec-
cor<lence with Article IV. Section
2' (1), of, said Ordinance No. ),34,
Pr..ented and read.
.""" ~
Special Sessic:>n, June 18, 1973
M'ayor Bitter mO'Ved that the rea-
lling just had been considered liIe
first reading of the Ordinanee. Be.
OOIlded ,by Çouncilman JUSlf¡maoo,
Oarrlied by tile fOl\k;wing vote:
Xeas-1\[ayorBitter, Councilmen
JUI5tmaun'~!iIl", Thoms.
Na~s-None.
AJbstained ~QnCÜm¡'" Mol d -
,el!!lauer.
Mayor Bitter moved thai Ibe rule I
FO<¡uiring an Ordinance to lbe read
ontbree separate day(s be walived. ,
Seconded by Cou<ld1man Just-
maoo. Carried by the foll"wing ,
vote:
Yea,s-May(}f' lliitter, Councilmen
Justmann, ,Pregller, Tboms.
Nays-None.
Abstained~unniJm'an Mol d -
enhauer.
Mayor Bitter moved that a pub-
låcheal'ling /be held on liIe Ordi.
nance on July 16, 1973, in the
CouneilChamber at .the Oity HaU
and that the City Clerk be i"'truc-
ted/Jo publish notice of the hearing
in <be manner required .by la,w.
Seconded byCouncHm'On Just-
mann.Carried .bythe following
.vote:
Ye>as-Mayor Bi.tter, <Jouneilman
Juotmann.Carried Iby the following
vote:
'Yea.~Ma~or 'Bitter, Councilmen
Justm..nn, Pregler, Th"ms. I
Nays-one.
Albstained-couneilman Mol d -
eDJbauer.
Petition of H.IR. W. AJssoclates
requesting permi",¡on for a eurb-
cut on J.'F. K. Road adjacent to
Lot 2 of 1 of 1 of Block 2l in
Key KnoI$s Sub., fol'Wam !'rom last
meeting) preseDJtedand read.
Councilman Thoms mOVed fur "'P-
prowal of , ¡he petition. Motion Died
forlaek of a second. Councilman
.Pre¡ !er .moved that tile rules be
suspended in order to let anyone
present address lbe Council if they
so desire. Seconded ,by Mayor Bit-
ter. 'GA~riW.bylhe.fQ!Jowjng 'Vote:
Ye¡¡s-Ma,yor B<tter, Councßmen
Justmi!l!/l, lI{()ldß\ J¡,auer, Preg'ler,
11ho1DS.
Nays-None.
Attorney .Robert 'Bertsch addres-
sed the .Council in bebaM of H.R.W.
~iA~s I?Oti1i!<JÐby stating that
lbe N~ use of tile property
Wo:uIld ibe '0 .¡t-<Jøwn restaurant
Par)Din¡¡ 'iorOOeàr,s would be a-
vaViable. J. F. K Road Is a com.
mereial street.
Councilman 'Preg'ler moved <bat
lbe petition 'be tabl!!<iPOUdl¡,g J.F.
K. road study l'OaJQIrt. Seconded
by Counc.¡¡man Justma'nn. Vote on
lI¡e mutiO:n .Was .as folloWlS:
Yeas-CounciJmen .J¡¡,¡tmann.
P~ler.
Nays-Mayor Bitter, Ço1l!1cllman
Moldenbauer, Thorn..
Motion Failed.
,Mayor Bitter moved that lbe pe-
tition be referred /back .to the staff.
Seconded by 'Cou.ncilm'an Jus t .
mann. C...ried bytbe follOWing
vote:
YellS-Mayor Bitter, CoUfJdlmen
Jus¡mal1D., MqIdenhauer, Pregler.
Nays-Councilman '1100=.
Petition of J. R.Goe<Iken, re-
questing that the Ibu.sin.... OIWned
and qpe".,tod by Mr. Leo FUrilong
d-ib.. ,o.veI1bead Ð<>or Co. at 841
Kaofm-ann AJve. Ibe required to
eea.e o,¡>erai!:iun as he has expanded
beyO!1d his originail. ¡building in a
residential area, presented and
read. Councilm"" Pregl~ moved
that the ,pei\itiQa> be referred to
the 0iJty M""".ger and std. So-
,conded byCow¡ciæn"", Ju.stmann.
ea..ried by the following vote:
Yeas-M'ayor Blbter,CouDlCÜmen
JUSltmann, Moldenbauer, Pregler,
Thoms.
Nays-one.
Petition of Duane A. Deniinger,
Chairman ofll{ayor'.s .Committee
00 emploYment of tbe 'handic~d
requesting ,that Mns. Ðvelyn Vill;-
Does £rom Ibe Gove.nor's Commit-
tee on Ðmployment of fbe Hand!.
c;WPed, be ¡prtvik>ged ,to SlPoot to
tbeCounciI, at the n¡eeting of June
25, 1973, ~rding the O\jjectöve
of Awareness D~, to be h<!li!l on
June 26, 1973, presented an l ,read.
M.yor Bitter <D!>ved that the Com-
m!J1Jication be reeei,ved ,and flIed.
Seconded by 'Councilman Pregler.
Carried by lbe fulI<iw;ng .'Vote:
Yelll<-Mayor ,Bi~r,Çoun<>iJlmen
JILStmaoo, Moi<lenhau...,Pregller,
Thoms.
N"YS-None.
I'etil:iQn Of Clem :!j:ayes request-
ilJ€ va"a.tion of a ¡>OrtjQn of Æabow
SWeet in !ellmon,t Addn., present-
ed ànd read. :I!1.ayorBitter n¡owed
that t/¡ > Petition .be referred to
tl¡e City lIfallnger. Seconded by
Co1l!1c!lman ~egler. Carried by
t/¡ > fQl/QMng .vot<¡:
Yeas-Mayor Bitter, Co1l!1cilmen
347
348
Special Session, June 18, 1973
Justmann, M<Ildenbauer, Preg¡ler,
Thoms.
Nays-None.
Petition ofRoma,e Inc. and Inns
of Iowa requesting rewning of the
recenllly annexed area to the west
of the City from 8ing'le Famtl3>
to Local BOOiness I>iIStriet "B" eias
sifieation, presented .and l' e ad.
CoU1>CÜman 'Pregler moved tilat
the petition be referred to tile Plan-
ning & Zoning CommÔJSsion. Second.
ed by Mayor Bitter. Carried by
the foUowiDg vote:
Yeas-Mayor Bitter, Councilmen
MOlidenhauer,Pregler, Thoms.
Nay~uncilman JUßtmann.
Peti1ioo of 'Dubuque Insulai!:ing
& Siding Co. requ...w.g permiæioo
to instaM m..-quees at Miller Radio
& TV located at lSOO Central Þ.'Ve-
nue, presented and read. Council.
man JUßtmann moved that <be pe-
tition be referred to the Planning
& Zoning Commission, Oily Man-
ager, aty Solicitor to be consid-
ered within <be context of an ex-
panded sign Ordinance. Seconded
by CounciI:manMoidenb'>üer. Car-
ried by tbe following vote:
Yea,s-Mayor Bitter, Councilman
Justmann, Moldenhauer, Pregler,
Thoms.
Nays~Nooe.
Petillion of .Dubuque Imulating
& Siding Co. requesting permWsioo
to install a marquee at the Ten
Pin Tap .at 601 Rhomber<g Ave.,
presented and read. Councilman
Justmann moved tilat the petition
be referred to the 'Planning & Zon.
ing Commission, City Manager,
City Solicitor ro be cousidered WIi-
thin the eonteXJt of an expanded
sign ordinance. Seconded by Coun-
cilmen Moldenhauer. Carried by
the folNowing vote:
Ye..s-MayorBitter, Councilmen
Justmann, M<Ildenhauer, Tboms.
Nays-None.
AWstained-Co"""ilman Pregler.
Proof of Publication, certifiied to
by tile 'Publisher, of notice of
pubIÎIC he..l'ing on resolution 011' nec-
essity fur pul:>lic i,mprovemenlts u-
pon proposed plans and speeffí.œ-
tions, for.m of contract and costs
of improvemem, fur tbe west Ei-
ghth Street .RetaJining WallReeoo-
structloo 1979, presented and read.
No written Objections were filed
and no oral objectors were present
in <be Council Chamber at tbe
time set for the public hearing.
"'~
Councilman Pregler moved that
the proof 011' P"blieamon be received
and filed. Seconded by CouncìlmOll1
Justmann. Carried by the fo~owing
vote:
Yeas-Miayor Biiltter, Cooncilmen
Justmann,Moldenb..uer, Pregler,
Tboms.
Nays-None.
('Necessity for Improvement)
RESOLUTION NO. 167.73
WHEREAS, proposed pia...., spe-
cifkations, and form of contract
have 'been dUlly prepared and"",-
pro'Ved by tile City Council of tile
City of Dubuque, Iowa, and are
now on file in the dOOice of the
OityCierk sboWling among other
things the foll<>WÙ1g: (l) The plOll1
of such improvement, (2) An es-
tim"te of the coot of <be imiProve-
ment, for the West Eighth Street
Retaining W,all Reconstruction 1973
BIE !If 'l1HE~EFORE RESOLV-
ED that the City Council on its
own nwtion, deems iIt adw...bile
and necess,ary fur the publk wel-
fare to make the berein mentioned
improvement, and umess property
QlWners at tile time of tile final
consideration of 1Ihis proposed re-
solution ha'Ve on file with the City
CIeri<, objeiotious to the amount
of Ule cost 011' the improvement,
they shall be deemed to bve wai-
vedall objections thereto.
S..id iaIlQJfOovementshall be con-
struetedand done in aœordance
With the plans and "",eciiicatioos
which have been appro'Ved by the
City Council and are now on file
\\\tth the City CIeri<. That the cost
and expense of making said im-
provement 'be paid £rom Revenue
Sharing Funds.
The above resoIutioo was inliro-
dueed, approved and oodered plac-
ed on file with tile City Clerk
this 141th day of May, 1973.
A,pproved and placed 00 me for
finM a,etion.
Record of Final Adoption
The foregoing resolution was fi-
nally passed and adopted, .as pro-
posed, by tile City Council this
18th day of June 1973.
Joseph J. Bitter
Ma,yor
W.alter A. Pregler
Allan T. Th<>ms
Wayne A. Moldenhauer
C. RoiJert Justmann
Councilmen
Special Session, June 18, 1973
349
ATTEST:
Leo F. F1rommelt
,City Clerk
CoundlmOll1 Pregler movedadop-
tion of the resolution. Secooded
by Councilman Justmann. Carried
by ,the following vote:
Yeas-Mayor Bitter, CouncÍilmen
Ju.otma,un, Moldenhauer, Pregler,
Thoms.
Nays-None.
Proof of Publication, certified to
by thepubldshers, of notice to
Contra,etors of reee\pt of pro >(JiSa!s
for the eonstrootion of W. 8th Steet
Retaining wail reconstruction 1973,
presented and read. Couneilm,an
Pregler moved that the proof of
publica,tion be received and filed.
Seconded by Couneilinan J.ust-
mann. Carried Iby the following
vote:
Yeas-Mayor 'Bitter, Counciimen
Justmann, l\fuldenhauer, Pregler,
Thoms.
Nays-None.
June 15, 1973
To tile Honorable Mayor
and City Counci[
Pu~su..nt to your instruction, seal
ed _sa ,¡ were received until
10:00 A.M., Fri<l",y June 15, 1979,
for 8th Street Reta.imng Wall Re-
construction.
The lowest hid was entered by
Wm. Becker and Sons Stone Com-
pany of Dubuque, Iowa. Their bid
was 2.00 % over the Engineer's
IDstimate.
I recommend 'that .the contract
for the improvement be aw>arded
to Wm. Beclœr and Sons SOOne
Company.
Gilbert D. aha.veneUe
City Manager
Councilman Pregler moved ""'-
prova\ of the recommendati<>n. Be.
c<>nded by Councilman Jus.tmann.
Carried by lbe following vote:
Yeas-Mayor Bitter, Counciimen
Justmann, Moldenhauer, Pregler,
Thoms.
Ne:fs-None.
(Awarding Contract)
RESOLUTION NO. 208-73
WHEREAS, sealed p r 0 ¡> 0 sa~s
¡"'ve been ,submitted by contra,c-
tors for the Wesii ~th Street
Reta,ining Wall Recoœtruction 1973
pursuant to Res<llution No. 169-73
and notice to bidders published
in a newsp"",er pnblished in said
City on May 30, 1973 and June
6, 1973; and
WHEREAS, said sealed propos-
a,1s were opened and read on June
15, 1973, and it has .been deter-
mined that the bid of Worn. Becker
& Sons Stone Co. of Dubuque, Iowa
in the ,amount of $40,883.87 was
the lowest ,bid for the furnishing
of all l..bur and materia'is and
performing the work as pro'Vided
for in the plans a.nd speeifiea'tions;
now therefore,
BE IT RESOLV,ED by the City
Council of the City of Dubuque
that the contract for <be aiJove
mentioned im¡provemeut be "w.ar-
ded to Wm. Becker & Sons Stone
Co. and the Manager be and he
is hereby directed to execDJte a
contra,et on behalf of the Oity of
Dubuque for the complete perfor-
mance of said work.
BE IT FURTHEIR HESOLVEiD,
that upon the s;gmng of said con-
tract and the awrovai of the coo-
tractors bond <be City Trea.urer
is authorized and instructed to re-
turn the bid depœ.lts of <be unsuc-
cussful 'bidders.
Pa'ssed and adopted this 18th day
of June, 1973.
Josepb J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moidenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
Oity Cle~k
Councilman Preglier moved adop-
tion of the resolution. Seconded
by CouncilmOll1 Justmann. Carried
by the followling vote:
Yeas-M'ayor Bitter, Councilmen
Justmann, Moldenbauer, Preg¡ler,
Thoms.
NaY's-None.
Extract from the minutes of a
Special meeting of the City COUll"
cil of the City of Dubuque, Iowa,
held on June 18, 1973.
The following Resolution was in-
troduced ¡by Joseph J. Bitter, read
in full and .considered; seconded
by Walter A. Pregler. On roll call
the vote w"," Yeas-Mayor Bitter,
Councilmen Justmann, Moldenbau-
er, ,Pregler, Thoms.
RESOLUTION NO. 209.73
Resolution adopting end approving
the execution of a first emend-
ment to the Grant Agreement for
Project No. 9.13.020-7011, from the
350
Special Session, June 18, 1973
administrator of the Fede,-1rI Avla. I
tion Administretlon, relating to fe.
deral old- In' the development of
the Dubuque Munic;pal AirpOrt.
BE IT'RESOLVED BY THE cr-
TYCOUNCIL OF '!'HE CITY OF
DUBUQUE, IOWA:
Secti~n 1. That the City of Du-
buque, Iowa, sbæll, for ihe pur-
pose of making certain changes
in ihe Grant Agreement for pro-
ject No. 9-13-026-7011 wbich was
accepted by the City of Dubuque,
Iowa, on March 25, 1970, enter
into a First Amendment to the
said Grant Agreement witb ihe
Administrator of the Federal A'Via'
tioo Administration, and that 3ucb
First Amendment to Grant Agree-
ment shall be as set forth herem
below under Section 3.
Section 2. '11hat ihe AÌIlIlort Com-
mission df t¡,., City of Dubuque,
Iowa, acting through its officer
or officers design,ated by it to so
act, is hereby authorized and <Ii
rected to execute ihe said First
Amendment to Grant Agreemenl
on behaH of the City of Dubuque,
Iowa.
Section 3. That ihe First Amend-
ment to Grant Agreement ",ferred
to herein..bo'Ve shall be as follows:
(Attachment)
FIRST' AMENDMÉ1IIT fo
GRANT AGREEMENT
Dubuque MunloipaoJ Airport
Dubuque, Iowa
Project No. 9-13-020-7011
Contract No. DOT-FA-70-CE-5573
WlHEREAS, the Federal Aviation
Adníinistration (hereinafter referr- i
ed tiS as the "FAA"), has deter-
níined that, in the interest of the
United States, the Grant Agree-
ment relating to the ahove-num-
bered project between the FAA,
acting for and on behalf of ihe
United States, and the City or Du.
buque; loWâ (hereinafter referred'
to as the "Sponsor"), accepted by
the Sponsor ótí October 1&; 1969,
should ,be amended a. hereinafter
provided, ¡jjjd
WHEREAS, it has been deter-
mined necessiar'y to revise the pro-
ject description orthe development
to be a'cM!I\l¡\llshed under this "rd-
jeet so as to excludë tlIerefrom
the item "rèmo'Vè oostruc'tiohs".
NOW THEREroRE, WITNES-
SETH,
That in Conside'ration, of tlie be-
nefiW to a<ICrue' to tlie parties here-
to, the FAA, on the one part,
and ihe Sponsor, on the other part,
do herehy mutu..lly agree ihat ihe
said Grant Agreement he and here.
by is amended by:
1. Deietion from the scope and
des.cription of the development as
it appears on Page 1 of the Grant
Agreement: removë obstructions.
2. Addition of a new numbered
Paragraph 20 immediately fonow-
ingParàgraph 19 on Page 6 of
Part I, Offer, ss folloWS:
20. The Sponsor hereby covenants
and agrees that on or before June
30, 1974 it will remove or cause
to be removed, with or without
Federal participation, obstructions
in the SE approach' above an ima-
ginary surfa,ce with a 34:1 slope
commencing at a point 200 feet
outward from, and at the same
elevation as, the runway end.
IN WITNESS WHEREOF, th e
parties hereto have caused this
Fir.st Amendment to said Grant
Agreement' to be duly executed
as of ihe day of
1973.
UNITED STATES OF
AMERICA
FEDERAL AVIATION
ADMINISTRAl1ION
By:" "..',
Chief, Ai_rts Division
Central Region
OITY OF DUBUQUE, IO-
WA
DUBUQUE, IOWA
By: Joseph J. Bitter
Title: Mayor
Attest:
Title: "
Mayor Bitter mo'Ved adoption of
the resolution. Seconded by Coun.
cilman Pregler. Carried by the
following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
RESOLUTION NO. 210.73
BE IT RESoLVED by the City
Council of the Gity' of DuhuQ\lè,
Iowa, that the fdllowing' ha'Ving
complied with the pr<>visldns of
law "Hating' to the Sale of Ci-
garettes within the City of Du-
buque, Iowa, be granted' a permit
to8till Gigarette.:. and-Cigæ-ëtte
Papers within said City.
Barkalow Bros. Newstand, 200
Main Street
.,..".,.".~2.-""""---"
Special Session, June 18, 1973
---
Rud. Y, Dittmar, 1646 As,bury Raod I
Ralph J. Cremer, 731 Rhomberg
Avenue
Dubuque Golf & Country Club, 1800
Randall Place
William, P. Fransen, 1900 Washiug-
ton Stroot
George R Hunt, 229 Eighth Town
.Clock Plaza
L..Verne Henuen, Asbury & Ken-
nedy Road
Holiday Oil Distr., Inc., Kennedy I
& Penns.yIvania Avenue
Holiday Oil Distr., Inc., 1401 Cen-
tral Avenue
HOliday Oil Distr., Inc., 400 Rhom-
.berg Avenue
Holiday Oil Distr., Inc., 605 Dòdge
Street
Holiday Oil Distr., Inc., 980 Dodge
Street
James J. Klauer, 1646 Asbury Road
Kenuedy Mail Cinema, 555 J. F.
Keunedy Road
Kermit Meyers, 336 Main Street
Vincent W. Mescher, 12æ Rhom- I
berg Avenue
National Tea Company, 2013 Cen-
tral A'Venue
Mathai. A Schneller, 2372 Central
Avenue
Raymond Tschiggfrie, 1190 Dodge
Street
Beeeller Co., Inc., 16111 Asbury
Road
Beecher Co., Inc., 2399 White
Street
Mary Kathryn Ford, 1027 Rbom-
'berg Avenue
Jeanette M. Kroeger, 4&1 Rhom- I
¡berg Avenue
Jo.seph Bell, 263 Main Street
Daniel Bauer, 3511 Dòdge Street
Edward A. Bailey, 1298 Main Street
Dubuque Marina, Inc., New City
Ha~l>or
Dodge House Motel, 701 Dodge
Street
William Dunne, Jones & Locust
Streets
Elk's Clnh, 701 Locust Street
Mrs. Adele Fens, 210 West 1st
Street
Donna Ginter, 342 Main Street
Lew Gore, 2987 Jackson Street
Anthooy Ha.beger & Gary Stewart,
9th & Central A'Venue
Willi..m Hancock, 2205 Carter Road
Duane KoeJier, 1701 Asbury Street
The K-Mart, 2600 Dodge Piazs 20
James Kachevas, 665 Dòdge Street
Jam... Lange, 2600 Dòdge Street
Thelma Lens.tra, 4[0 Weot 8th
Street
351
Catherine Lester, 1&12. Central Ave'
nue
James N. Majerus, 253'Main Street
Nelson Norwood, Sr., Bunker Hill
Golf Course
William O'Neill, 55 Locust Street
Michael F. Pusateri, 256(¡ Dodge
Street
Arthur W. Pins, 2600 J. F. Ken.
nedy Road
Louis A. Ring, 1185 Dodge Street
Roshek's. Department Store, 555 J.
F. Kennedy Road
Rieharo J. Ring, 116 West 11th
Street
Randall's Foodarama, 2600 Dodge
Street Plaza 20
Stampfer's Department Store, 8
Town Clock Plaza,
Mrs. Rita SchueHer, Town Clock
Pia"", Nesler Center
Francis J. Shanahan, 25Ol Rhom-
berg A'Venue
John J. Steffen, 690 West Locust
Street
Bessie Sfikas, 926 Main Stret>t
Pete Sfikas, 400. Central Avenue
Shike Richardson, Inc., 1475 J. F.
Kennedy Road
Jack Sießœr, 1081 University Ave-
nue
Geo~e & Mary Lou Sorensen, 1105
University Avenue
Brian J. Vincent, 33œ As b u'r y
Street
Colleen Wallace, 24û. Main Street
Woolworth's Department Store, 555
J. F. Kennedy Mall
Thomas Andresen, 1000 University
Avenue
Joseph Polfer, 2612 Dodge Street
Earl Schumaclter, 2204 Central
Avenue
Carl Hirsch, 532 East 22nd Street
Robert L. Beeker, 24û.8 Central
Avenue
Earl G. Corbett, 408 West Locust
Street
Melville E. Donovan, 1876 Central
A'Venue
Carl Hirseh, 532 East 22nd Street
Mary G. KrelJU!r, 181'5 Unive1\<;i!y
A'Venue
Frank Schwind, 229'7 University
Avenue
Carl Van Duelman. 590 Clarke
Drive
William J. Baum, 3165 Central Ave.
nue
BE IT FURTHER R>ESOINEiD
fJhat the !>onds filed with- .. ip¡hc..'
tion be aþPtoved.
352
Special Session, June 18, 1973
Passed, adopted and awro'Ved :
this 18th day of June, 1973.
Joseph J. Bitter
Ma.yor
Wa1lter A. pregler
AMan T. Thorns
W..yne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City CIeri<
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councìlman Moldenhauer. Car-
ried by the follO'Wing vote:
Yea.s-Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thoms.
Nay~uneHman Jœtmann.
RESOLUTION NO. 211.73
WHEREAS, applicatWns for li-
quor licenses have been Sl1bimitted
to this Council for awroval and
the same b..ve been examined,
NOW THEREFORE BE IT RE.
SOLVED by the City Councm of
the City of Dubuque, Iowa, th..t
the foli<Jwling awliK:ations be grant-
edand licenses ;,g.sued upon the
eoID >uance wtith the terms of the
IOWA LIQUOR CONTROL ACT-
<JHA,PTEiR l3l-as amended by lJhe
64th General Assembly, 1m.
CLASS "C" )COMMERCIAL)
BEER LIQUOR LICENSE
Phi\;(> R. Love, 1701 Centr,al A'Ve-
nue.
Russel E. Myers, 1618 CenilJl'aI Ave-
nue.
Barney WIDenlborg, 1301 Rhomberg
Avenue.
P....ed, adaPted and "l\Pl"oved
tbis 18th day of June, 1973.
Joseph J. Bitter
Mayor
Wa~ter A. preg[er
Allan T. Thoms
Wayne A. Mo'denllauer
C. Robert Justmann
Councilmen
AttesIt:
Leo F. ETomme1lt
City Clerk
CounC'ilman pregler maved adop-
tion of the resolutioo. Seconded
by Councilman Moldenllauer. Car-
ried by the fo11owing vote:
Yeas-Mayor BItter, Councilmen
Justmann, MoJdenhauer, Pregler,
Thoms.
Nays-None.
RESOLUTION NO. 212.73
WHEREiAS, applications for li- '
quor licenses were fi1ed by the
witihin named applie..nts and they
h..ve received the awroval of this
Council, and
WHEREiAS, 1Ihe premises to be
occupied by such awlicoots were
iDS¡peeted and fuund to comply wtith
the State L..wand ,all City ordi--
n_es relevant thereto and <bey
have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the Oity Council of
Dubuque, Iowa, that the Mooager
be authorized.to cause to be issued
to the following named "p¡plican15
a Liquor license.
CLASS "C" (COMMERCIAL)
BEE.R LIQUOR LICENSE
Philip R. Love, 1700. Oentl'al Ave-
nue.
Russell E. Myers, 1618 Central
Aovenue.
Barney WiMooborg, 1301 Rhombel1g
Avenue.
P,....ed, adopted and >a >prooved
this 18th day of June, 1973.
Joseph J. Bitter
Mayor
Walter A. Preg[er
Allan T. Thoms
W..yne A. Moldenhauer
C. Robert JuSltmann
Counefulmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Ooooncilman Moldenhauer. ca,r-
ried by the fuì1o'Ning vote:
Yeas-Mayor Bitter, Councilmen
Jusil:mann, MoJdenhauer, Pregler,
Thoms.
Nays-None.
M.ayor Bitter moved that the City
M,anager ask the CiW¡ Defense Dir-
ector along with the Dock Com-
mï",ion to explore the idea of the
Coast Guard heJp to patrol the
Mi.oslissi:p,pi river. Seconded by
Carried by the followint vote:
Yeas-Ma.yor Bitter, Councilmen
J""tmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
Communication of Captain Goodh
af the Sa'1'Vation Army which w..s
sent to Representative Joe Clarl<
in Des Moines, rel..tive to Olarl<'s
recent ....ault on the work of our
loc..l Civil Defense Director Mr.
Ben O'Leary, was read by Cap-
tain Goodh himself. Counei1man
Mo1Klenbauer moved that the com-
municatWn be received and filed.
Special Session, June 18, 1973
Seoonded by Mayor Bitter. Car-
ried by the following vote:
Yeas-Mayor Bitter, Councilmen I Approved .................................. 1973
Jwstmam, Moldenhauer, Pregler,
Thoms.
~~~'::. Thorn.s moved that I Adopted .................................... 1973
the sta!flf review !be O'Leary mat-
ter and send a resolution backing
Mr. O'Leary and refuting Repre-
sen1Jati'Ve Olarl<'s charges to a leg-
islative rommlittee studying the
State of 10WIa 0i'Vt! Defense Sys-
tem. Seconded by Mayor Bitter.
Carried by the following vote:
Yeas-Mayor Bitter, Councilmen I
Jootmann, Moldenhauer, Pregler,
Thoms.
NaY5--'None.
A represeuta.tive of the Union
Carlbide Co. was introduced by City
Engineer WlMte woo addressed !be
Counei1 relative to setting up a
pilot plant known as "Unox" me-
= :o~~l b:e:=~ w~a~:::-. I Attest: ""ciïÿ'ci~~k"""""""""'"
II construction of the S"""ge Plant
to be run on a two month basis,
at an estimated OOBt of $40,000.
The City wouJd pa.y $8000. and
Federal and State agCllcies to pay
!be ba!lance.
'Councilman Justmann moved au-
thori.a'tion of the Unox trea'lment
process. Seconded by Councill11lOn
Pregler. Carried by the fullaw-
ing vote:
Yeas-Mayor Bitter, CouneHmen I
Justmann, MoJdenbauer, Pregler,
Nays-Councilman Thoms.
There being no furtber busin-
Councilman Justmann maved to
adjourn. Seconded by Councålman
Pregler. Carried by lJhe following
vote:
Yeas~uneiImen Jus t mann,
Pregler, Thoms.
Nays-Mayor Bitter, Councilman
MOIidenhauer.
Leo F. Frommelt
Oity Clerk.
353
..........................................................
.........................................................
Councilmen
354
Speci¡¡lSe~&iou, Juue 22, 1973
CITY COUNCIL
OFFICIAL
Special session, June 22, 1973.
.Council 'met '" 4,45 'P.M. 'IC.D.
T.)
Present - Mayor Bitter, Council. .
men Justmann, Moldenhauer, City
Manager Gilbert D. Chavenelle.
Absent - .Councilmen Preg.
ler, Thoms.
Mayor Bitter read the caN and
stated that service there.of had
been duly made and thia meeting
is called fur the purpose of ad<>pt.
ing a resolution of the City Coun-
cil, Dubuque, Iowa, authorizing the
chairman of the Airport Commis-
,sian to execute Amendment h>
Grant Agreement, and acting UP-
on such other business as may
properly come before It regular
meeting of th,e Council.
RESOLUTION NO. 213.73
Resolution of the City Council, Du.
buque, Iowa, authorizing the chair. .
man of the Airport Commission
h> execute Amendment h> Grant
Agreement.
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL
OF THE OITY OF DUBUQUE.
lOW<\.:
Section 1. Tbat amendment to
Grant Agreement No. 9-13-020-7011
to provide fur "'" increase in the
gr..nt for the Dwbuque Municipal
Airport in the 'amount of $3,300.
be and the same is hereby ap-
proved, and the chairman of the
Airport Commission of the Cif;}'
of Dubuque, Iowa be and he is
hereby authorized, empowered and
directed to execute said amend-
mem to GramJ! Agreement for and
in behaJf of the Oity .of Dubuque,
Iowa, and to do any Itnd all other
things neceaaary and incidental
thereto.
Section 2. Tbat the city clerk
is hereby directed to transmit a
certifiOO copy hereof to the Du-
buque AIrport Commission furth-
with.
Passed, adopted and approved
this 22nd day of June, 1973.
Joseph J. Bitter
Mayor
Wayne A. Moldenhauer
C. Robert Juatmann
Councilmen
Attest:
L""F.FroQW1elt
Oif;}' Cieri<
,Mayor l!:itÌ r ,move,d adoption of
the resolution. Seconded bY Coun-
cilman Moldenhauer.CarJjed by
Ute '{QII.owjngvote:
Ye.........Mayor 'Bitter, Councilmeu
MoJdonhauer, Justmann.
'Nays--None.
M~ent - Co1 1leilmen Preg-
ler, 'I'/l.oms.
'Extraat from the minutes of a
.Special meeting.pf the City Council
pf tþ,eCitY of ,Duh K UO, Iowa, held
pn ,June 22. ,1973.
Tbe fullowing Resoluti,UII was in-
tr.oduced by Josepþ J. Bitter, read
in fIlII and con~i!lered; sec.onded
by Wayne A. MoideIlhauer. on r.oll
,call the vote ...... ¡Mayor Joseph
J. ,Bitter, CoUIlcilmen C. Robert
J.wmann, WIlJll1.e .A. ,)\IoldenJ¡;¡uer.
RESOLUTtOI)l NO. 213.13
~esalutipn a.dopting and aPProving
the ,execution of a Second .Amend.
mant h> the !>ront Agreement for
Pr.aiect No. 943-020.7011, from the
administrah>r .of ,the Federal Avia-
tion Administration, relating h> fe.
.deral aid in the develoPment of
the Dubuque Municipal Airport.
JlE IT BES,OLVED BY THJ;: CI,
TY ÇQUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City ()f Du-
I¡uque, I.o<wa, stutll, ,fur' the pur.
p()Se of making certltin ehange.s
in the Gra"t Agreement for Pr()
ject No. 9.13-020-7Œ!.1 .which was
. acc;epted />y .tIIe Ci\y qf DulJuque,
Iowa, on 0e1l!ber 16,J9ÇQ,enter
into a Second Amendment to the
¡¡ai,d Grant ,¡\greelU'mt with tbe
Admimstrator õf the Federal Avia.
tion AdßlÌ!ÙlJtratioA,..Jld',th.at such
Second Amendment To Grant
AgreeIllent sh!lll ,lie as set forth
hereinbel()w Jlf!d~ Section 3.
Section 2. Th..t the Airport C()m.
mission of the Oity of Dubuque,
Iowa, acting through its officer
()r officers designated by it to so
ad, is hereby authorized and di,
rected to execute the said Second
Amendment to Grant Agreement
on behalf of the City of Dubuque,
l.owa.
Section 3. Tbat the Second
Amendment to Grant Agreement
referred to hereinabove shall be
a. follows: (Attachment)
Special Session, June 22, 1973
UNITED STATES OF AMERICA Yeas-Mayor Bitter, Councilmen
FEDERAL AVIATION Justmann, Moldenbauer.
ADMINISTRATION Nays-None.
WASHINGTON 25 Absent - Councilmen Preg.
Contract No. DOT-FA-70.0E-5573 lor, Tb()ms.
Dwbuque Municipa.l AIrport Leo F. Frommelt
Dubuque, Iowa City Clerk
Amendment No.2 to Grant
Agreement for Project No. 9-13-
1J2O..700.l., I Approved .................................. 1973
WHEREAS, the Federal Aviation
Administrati()n (hereinafter referr,
ed to as the "FAA") has. deter- I Adopted .................................... 1973
mined it to be in the iutereat of
the United States that the Grant
Agreement between the FAA, act-
ing for and on behalf of the United
States, and Ibe City ()f Dubuque,
Iowa (hereinafter referred to a
the "Sponsor"), aeeepted by said
Sponsor on the 16th da,y of Oct.ober
1009, be amended a. hereinafter
provided. I
NOW THEREFORE, WITNES-
SETH:
Tbat in consideration of the be,
nefits to accrue to the parties her.,
to, the FAA on behalf of the United """"""""""c~;;;;~iÏ;;;~~""""""""'"
States, on the one part, and the
Sponsor, on Ibe other part, do here,
by mutually agree that the maxi-¡ Attest: ..................................................
mum amount ()f the obligation- of City Clerk.
the United States ..a set forth io
paragra,ph 1 of the terms and con-
ditiono of the Grant Agreement
between the United States and the
Sponsor, accepted by said Spon,or
.on the 16th day of October, 1969
relating to Dubuque Municipal AIr,
port; Project No. 9-13-020-7011, is I
hereby increased from $126,718.00
to $13i1,020.:!2.
IN WITNESS WHEREOF, the
parties hereto have caused this
Amendment to said Grant Agree.
ment to he duly executed as of
the . day of ","" , 19
UNITED STATES OF
AMERICA
FEDERAL AVIATION
ADMINISTRATION
By William C. Knoopfle
Title Chief, Airports Di-
Vision
City of Dubuque, Iowa
By,.
Title
355
Attest:
Title. "" """"", ""
Tbere being n.o further business.
Mayor Bitter moved to adjourn. I
Seconded by Councilman M()lden.
hauer. Carried by the f.olJowing i
~te: I
356
Special Session, June 25, 1973
CITY oÇF~~NCIL i
Special session, June 25, 1973. i
Council met et 7:30 P.M. (C.D.
T.)
Present-Mayor Bitter, Council.
men Justmann, Molclenho,..r,
Pregler, Thoms. City Mana- Gil-
bert D. Chovenelle.
Mayor Bitter read the call and
stated that service thereof h a' d
been dtrly made and this meeting
is cailed for the purpose of con-
siclering the city's projection of
use of its first half incrament for
1973 Revenue sharing in the a-
mount of $538,510, and aclJing upon
sucl1 <ltber _.... as ma~ pro-
perly come 'before a regular meet.
ing of the Council.
Commun.iJcation of PoIliœ Cbiel
Robert O'<BI'Iien requesting an op-
>(}rtunlity to ha.'Ve a Dulbuque Po-
lice Eoq>lorer member recei'Ve IDS
Eagle Badge £rom the Mayor. May.
<>r Bitter moved that the communi-
cation be received and Wed. Se-
conded by Councilman Ju.otmann.
Carried by the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nayo¡-None.
The Mayor presented Mr. Da.vid
Grassel of Easlt Dubuque witb an
Ea~e Badge.
Mrs. V¡,¡¡m"" from the Gover-
nor's CoJDJIlis,.ion for the handi-
œp¡pped addressed the Council a-
bout handipelapped A",areness Day.
Sbe reminded the Council to be
res >(}""ive to eonstruetion of buil-
dings and provide for convenience
therein for the handicapped. Take
a look at the Building Code and
the buüldiings sbotrld be designed
to acromodate those that ha'Ve a
dis,ability problem.
Mayor _er announced the fol-
lowing apq>ointments: Mrs. <Jhand-
ler Kraus, Alan Spensley and Tho-
ma. E. Graham for three yoor
terms to the Advisory Commis-
sion; Mrs. Marilyn Willrin.son and
M.ary Lou Mortensen to the Youth
SerVlices Bm'eau. Councilman M<il-
denhauer moved ratification of the
appointments. Seconded by Coun-
cilman Preg¡ler. Carried by the
following 'VOte:
Yeas-M.ayor Bitter, Councitmen
Ju.stmann, Moldenbauer, Pregler,
Thoms.
Noays-NollC.
Communication of Delos Dorwei-
ler stating that he has received
a n"tiee to cut the weeds on œ
property at Carter & Kennedy
Road but is objectIDg because he
considers j¡j a growth of clover
se~ving the purpose of not w""h-
ing mud on J.'F.K. presented and
rea,d. Councilman Pregler moved
\bat the communication be reo"i,,-
ed and fi.led. Seoonded by Mayor
Bitter. CaiI'ried by the following
vote:
Yea.s-M..yor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Tboms.
Nays-None.
Communic..tion of Dub uque
Boa.rd of Rea~tors submitting a
resolution urging tbe citizens to
vote on the bus referendum and
the management of the b"" syo¡tem
be placed in the hands of . small
but select Commi..ion, presellllied
and rea,d. Mayor Bitter moved that
the commumca.tion be received ami
med and referred to the bus file.
Seconded by Councilman Molden.
hauer. Carded by the foillowing
vote:
Yeas-Mayor Bótter, CounciLmen
Justmann, Moldenbauer, Preg'ler,
Thoms.
Nays-None.
Communication of League of Wo-
men Voters urging that a formal
anne"ation policy be adopted by
the City, for orderly growth and
development, presented and read.
Councìlman Thoms moved .that the
communication be referred to the
Planning & Zomng Commissi"n and
request a review of annexation as
found in the Gruen reporl and
reporl back to the Council at tile
ea~liest ¡>ossOble d.te. Seconded by
Coundlman Mo.ldenbauer. Carried
by the fullowing vote:
Yeas-M..yor Bitter, Councilmen
MoldeDbauer, Pregler, Thoms.
Nays-Councillman J u 's t mann.
Communication of Maurice Re-
nier shOM'ling concern about the
p.rting that will be ..vailable for
the proposed Em¡>loymeDJt Bureau
Buiilding in the Urban Renewal
area at 5th & 1<J!WIa', presented and
read. Councilman Mdldenhauer mo
ved that the communication be
referred ,to the U11ban Renewal DIr-
ector and the City M'an'ager. Se-
Special Session, June 25, 1973
conded by Councilman Pregler. Ca-
rried by the foUowing vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenh'auer, Pregler,
Thoms.
Na)'s-None.
Communication of Mrs. Lor a s
Tutbill "f 780 Kil'kl\Vood St. Object-
ing to the dog ordinance and its
present enforcement, pre sented
and read. M'ayor Bitter mo'Ved that
the communication be referred to
tbe City M.anager ..nd staff. Se-
conded .by Counchlman Pregler. Ca-
rried by tbe following vote:
Yeas-Ma~or Bitter, Councilmen
Jnstmann. Moldenhauer, Pregler,
Thoms.
N..ys-None.
June 20, 1973
To the Hono"wble Mayor
and City Council
I submit <be OOOicia! State Au-
ditor's Report of .the records of
the City for the yea,r 1972.
Mr. Heitzman bs additional cop-
ies of the report a"alÎliwble.
Gilbert D. Oha'Venelle
City M.auager
Couooilman Justmann moved
tbat the report be received and
filed. Seconded by CounciLman Mol-
Iñ>nhauer. Ca<,~ied by the following
vote:
Yews-Mayor Bitter, Councilmen
Jus,tmann, Moldooh>auer, Pregler,
Thoms.
Nays-None.
June 20, 1973
To tile Honorable Mayor
and City Council
I herew1th submit the repol'ts
of the Oity Auditor, Oity TireJasurer,
Water S~DJtendent, HeaW1 De.
partment, as we!ll as a llist of
claims paJid, for the month May
1973.
Gh1bert D. CbavClllelle
Cilõ' Manager
Mayor Bitter moved .that the re-
ports be received anf filed. Se-
conded by Councilman Pregler. Ca.
"ied by the fullowing vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
11ho.ms.
June 21, 1973
The Honor"ble Mayor and
City Council
Re: 1973 Revenue ShaMg, 1st Half
Increment
We are required by the Office
of Revenue ShaMg to project how
the City of Dubuque may use its,
1st half increment for 1973 of re-
venue sharing. Our share for this
entitlement period totals $538,510.
We are also required to pnblisb
a copy of the report form for
the information of the citizens of
Dubuque.
We have prepared the required
report using the budget requests
received from our department
heads for 1974. We wish to stres,
that this report by its nature doe.
not bind us at this time to the
pmposed list, but does satisfy the
Office of Revenue ShaMg and eon.
tinues our qualification for revenue
sharing funds.
An extension of the deadline for
filing this re >(}rt was granted b
us so that we could discuss the
conten.ts with You prior fJo pnhlica-
tion and maiJing.
We have prepared the report sti-
pulating the following >(}ssible
uses:
Mass Transit, Bus Operations de.
ficit, $250,000.
Low Rent Housing, Supplement
Program, $75,000.
Traffic Signalization, Schools,
$30,000.
Municipal Airport, Security and
Crash Rescue, $30,000.
City Hall Improvements, $110,000.
Financial Operating Reserve,
$43,510.
Total Funds, $538,510.
We ask that you authorize the
City Clerk to pnhlish this re >(}rt
and the City Manager to fo~ard
this report to the Office of Re.
venue Sharing. Thank yOU.
-Gilbert D. Chavenelle
City Manager
Some objection 'was encountered
as to the "Greenhouse expansion"
item. Item 19 Recreation Culture
on the official notice Was trans,
ferred to Item 10, multi purpose
and General Gov't Capita! I m-
provement item. Counei1man Preg
ler moved appmval of the recom,
men dation as amended. Seconded
by Councilman Moldenbauer. Car.
ried by the following vote:
Yeas-Mayor Bitter,Councllmen
Justmann, Moldenhauer, Pregler,
Thoms.
NaYS-None.
June 22, 1973
To the Honorable Mayor
and City Counei1
I .m returning to you the petition
of Elmer lfiJken and others regard-
357
358 Special Session, June 25, 1973
ing a curl> cut on 32nd Street Nays-None.
at the Flexsteel Company paNing Communication of Uriban Re-
lot. newal Director submitting a copy
Attached is a copy of a letter of Bicentennial Community appli,
from M'r. White indicating that the cation for the City of Duhuque,
curb cut has been gr..nted. Iowa FIve Flags Center, in obser.
Gilbert D. Cha'Venelle vance and commemoration of the
City Manager 200th Auniversary of the U.S.A.,
Mayor Bitter moved th..t the presented ..nd read. Mayor Bitter
communication be received and moved that the communication be
filed. Seconded by Councilman received and filed. Seconded by
Pregler. Carried by the following Councilman Pregler. Carried by
vote: the following vote:
YeaB---'Mayor Bitter, Councilmen Ye..s-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler, Justmann, Moldenhauer, Pregler,
Thoms. Thoms.
Nay.s-None. Nay,s-None.
June 19, 1973 June 15, Ul'/3
Honorable M..yor and Honorable M'ayor and City Council
Members. of the City 'Council On September 29, 1972, Steven
Attached is .. copy of a letter E. Bahi of 3126 Brnnswiek filed
from Mr. Robert C. Wahlert about ctOlim ..gainst the Oity of Dubuque
a police pursuit case on June 14th. in the total ..mount of $99.66 for
The letter will be presented for damages to his c...r aNegodly occur.
your consideration at next Council ing on September 15, 1972 while
meeting. on Daov>s Street, claiming th..t
Chief O'Brien talked to me about there were long, deep d&tches
tbe incident and Mr. Wahlert's let. therein that were caused by .a
ter. wa'shout.
FIrst, Ohlef reported that ve I h,.ve made an inve.otigation
hides of the State Highway Patrol, of tis matter and find <b..t what.
the County Sheriff and the City ever alleged defect eXiisted was
of Dubuque were involved. caused by an exee¡ptioua'lly heavy
Second, the Dubuque Police De. rainfall immed<ately prior to the
partment did conduct a critique accident, and, aeeordingJy, I find
of the event and City Police ve- no aetionaIJle negligence on the
hicles did pursue ..nd broke off part of the City of Dubuque IIiI1d
from the pursuit because of dan. therefore recommend thail s aid
gerous conditions although the oth- claim be denied.
er vehieles conotinued the abase. Original claim is returned here-
Third, the City Police Depart, with.
ment does ha'Ve a policy in re,
gards to higù speed pursuit. The
policy is a part of police instruc-
tion. I am attaching a copy of
the order.
Fourth, Chief O'Brien is contact-
ing the Sheriff and the St..te High
way Patrol so that their pursuit
operatioIJ<l in the City will be car-
ried out willi consideration of the
situation.
Githert D. Ch..venelle
City Manager
M..yorBitter moved that the
communication be referred to the
City Manager and Police Depart-
ment and the information sent to
Mr. Wahlert. Seconded by Council-
man Moldenbauer. Carried by the
following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, MoIdenl>auer, Pregler,
Tboms.
..." ~.
R. N. Russ<>
City Attorney
M'ayor Bitter moved approval of
the recommendaüon. Seconded by
Councilman Mold-uer. Carried
by the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Na}1s-None.
June 19, 1973
Honorable Mayor and City Council
On March 3(), 1973, Herbert C.
Goedken of 1147 K..nfm..n A'Venue,
filed claim ag""",t the City of
Dubuque in the sum of $441.96
..s damag"" by reason of broken
storm and sanitary sewers.
This claimam was referred to
the City by way of suggeolion to
file a claim from the en,gineering
dCll"'rtmeIJit.
I ha.ve reviewed the repor:t of
Special Session, June 25, 1973
359
the City En.g;neer, dated February
7, 1973 to the City Manager and
on the basis of the findings and
conclU,<¡j,ons therein stated, it is
my opln1onthat Db actionable ne-
gligence Lies ,.g.OIins,t the aty of
Dubuque and recommend said
c.Jaim be denied.
Original claim is returned here-
with. #
R. N. Russo
City Mtomey
Ma,yor Bitter moved appro'Va'l of
the recommendation. Seconded by
Councilman Moldenhauer. C...ried
by the following vote:
Yeas-M.ayor Bitter, Councilmen
Justmann, MoJKIenbauer, Pregler,
Thmn..
NaYs-None.
June 15, 197G
Honorable M'ayor and OiIty Council
On the February 4, 1972, Robert
P. Bisanz of 1670 ASbury Street
filed a c.Jaim in the amount of
$35.00 claiming damages to his ve-
hicle a.s the rnsu'lt of strtkiing an
open manhole coover at 1816 Cox
Street on December 20, 19711.
I have made an investigation
of tbis ma~ter and I consulted
wlt!:t <be Street Departmel1lt staff
who ba"e advised me that their
records sibow that on the 1m. the
City was notified of some aJIleged
defect on that manhole cover and
a bomeade was pIaeed on ...me
and there..tter on the 20th of De-
cember said maniho1e cover was
~aired.
In view of the foregoing, it is
the recommendation of the City
A,ttorney that said claim be demed I
as .there is no ..ooonable ne¡ !igooee
on the pa.m of the City of Dubuque.
Origtool elatm is returned here-
with.
R. N. Russo
City Attorney
Ma,yor Bitter moved approval of
the recommenda.tion. Seconded by
CouDlCi'lman Moldenhauer. ea,rried
by the following vote:
Yc..s-Mayor Bitter, CouneHmen
Justmann, Màldenbauer, Pregler,
Thoms.
Nays-Nooe.
June 15, 1973
Hono~..ble Mayor and City CotLD<:il
On January 24, 1972, Mrs. M'arian
F1ischer of 694 WeSll:5th filed ~alm,
clatmdng that the emb and walk
abutting her premises we.., broken
and ctaeked and wa's caused by
the eleanlDg of snow from FíIfth
Street.
Thereafter, the matter was refer-
red to Mæ. George Zugeoouebler,
City sidewalk inspector, who made
arr..ngemen.. fur the City to re-
pair the curb and wa~ and to
bill Sa fron for the s..me "'the
damage was caused by one John
Saffron WIbile he was plOlWing fur
the city.
Since this matter hl>s been s,atis.
f...tomy concluded, I recommend
th,.t sOlid claim be denied.
R. N.Ru,"",
City Attorney
Mayor Bitter moved "-,oV>a1 of
the recommendation. Seconded by
Councilman Moldenhauer. Carried
by \lb.e following vote:
Yeas-Mayor Bitter, Counclftmen
Justmann, MoJKIenbauer, P.-egler,
Tboms.
Nays-NoDe.
June 22, 1973
Honorable M'ayor and City Counlcfl
On July 29, 1971, Federated In-
sur.ance Companies tiled claim a"
ga.inst the Oity claiming thail they
had to pay a 108. to one Jobu
and ALiee Duooin! fur 1050 ü>at
GœUl1fed on May 3, 197!1 as \lb.e
result of a backup of raw sewage.
This matter was referred to the
City Attomey who referred the ma-
tter to the appropriate City Agency
and therea~er; said ,.geney on J'a-
nuary 28, 1972 denied sam claim;
..nd accordingly, tt is the recom-
mendation of the City Attorney
tha,t sOlid claim be denied.
Origlna'l claim is returned here-
with.
Respecti!fu1ly submitted,
R. N. RU&50
City Attorney
Mayor Bi,tter moved appl'OVlal of
the recommendation. Seconded by
Couneillman MoldeI>l>auer, Pregler,
Tho IDS .
Yeas-M'ayorBitter, Councilmen
Juotmann, Moldenhauer, Pregler,
Thoms.
Na.ys---None.
June :!I;, 1973
Honoræble Mayor and City Couneil
On June 18, 197,1, Lyooo Susan
Broessel commenced an action a"
gains< tbeCity of Dubuque, Iowa
and Mu ,g¡rew BlacktoP lneorpor-
ated claiming damg,g.. in lI1e a-
mount of $5,000.00 for persOOllÙ in-
juries a.] egodly sUIMered on the
17th day of A¡¡m!l 19711 on the aouth
360
Special Session, June 25, 1973
side of West Third Street betlween
the 500 and 600 blocks ela.,ning
a defective condition at s..id street
which caused her fall and in wbich
she suffered a firaeture ad' the fifth
metatarsol of the right fuot.
Appropriate defenses were en-
tered thereto and this matter was
scheduled fOIl' triall before a jury
in the Dis,trict Court of Dulbuque
County, Iowa commencing on June
25, 1973 and prior thereto the
plainlti:fif made an <>£fer of settle-
ment in bbe ..mount of $500.00 of
which amount the City has agreed
to pay $350.00 and the Mulgrew
Blacktop Incorporated has a.greed
to pay $t50.00 and that s,aid offer
of settlement should be approved
and accepted, and that the Ci!õ'
Auditor be instructed to dr.a.. war-
rant payahleto Lynea Susan Braes-
sel in the amouDJt of $350.00 and
draw warrant pay..hle to the Clerk
of Distriot Cowt of Dwhuque Coun-
ty, Iowa in the amounil of $27.00
and to trnnsmit s,ame to the City
attorney for demvery ,,"pon receϡplt
of duly executed releases, p a, y-
ment of costs and Dismissal wi.th
Prejudice. Original notice with pe-
tition ..ttached is enclosed here-
with.
R. N. Russo
City Attorney
Councilman Tboms moved ap-
proval of the recommend..tion. So-
condedby Councilman Pregler. Ca-
rried by the 1IoIlowing vote:
Yeas-Mayor Bitter, Counctlmen
Justmann, Moldenhauer, Pregler,
Tboms.
Nays-None.
Notice of claim of Margaret V.
Schiel, in the amount of $219.08,
for car damage incurred as the
result of being struck by a city-
owned truck on June 20, 1973, pre-
sented and read. Mayor Bit t e r
moved that the claim be referred
to the Oity Attorney for proper
action. Seconded by Councilman
Moldenhauer. Carried by the fol-
lowing vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Tboms.
Nays-None.
Notice of claim of Peter B. W..g- I
ner, in tne amount of $151.62, for I
ear damage incurred as the result
of being struck by a city-owned
truck on June 19, 1973, presented
wd read. Mayor Bitter moved that
the c'!aim be referred to the City
Attorney fur proper action. Second-
ed by Councilman Moldenhauer.
Carried by the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenbauer, Pregler,
Thoms.
Nays-None.
Notice of cl"im of Francis G,
Bries, in the amount of $100., for
damage incurred as the result of
a backed-up sewer at 38iJ College
Street, presented and read. Mayor
Bitter moved that the claim b:
referred to the City Attorney for
proper action. Seconded by Coun-
cilman Moldenhauer. Carried by
the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Tboms.
Nays-None.
Petition of lJIoyd Lulbbers of 290
Southern Arve. fur penn..';"" to
pour concrete from the existing
waDr to be four inches lrigher than
the present sidewa.Dr, presented
and read. Councilman Pregler
moved that the petition be referred
to Ihe City Engineer. Seconded by
Mayor Bitter. C..rried by the fol-
lowing vote:
Ye..s-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Tboms.
Nays-None.
Petition of Dubuque Downtown
Ass'n. requesting permission te
conduct their annual Crazy Days
sidewalk s.ale on July 131h and
14th within <be Town Clock Plaza,
presented and read. Mayor Bitter
moved that the petition be ap.
proved and referred to the Mana-
ger. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Tboms.
Nays-None.
June 21, 1973
Honorable Mayor Josepb J. Bitter
and
Members of the City Council
As you know, I have been ne
gotiating witn the City of Dubuque
for the purch"se of property
the urban renewal area, and the
property was put up for bids an'
advertised in the paper, and 1
was the only bidder.
I closed the sare with the City
of Dulbuque on February 19, 1973,
Special Session, June 25, 1973
and was deeded Lot 1 of Block Justmann, Moldenhauer, Pregler
7, Lot 4 of Block 6 and the souther Tboms.
ly 65 feet of Lot 1 of Block 6 Nays-None.
in "Dubuque Downtown Plaza". Mr. Charues Sclherrer, Preslidenil
This property w..s deeded to me of Canfield Hotel Inc. addressed
by a Quit Olaim Deed sig¡ned by the Council relative to the en.
the Mayor and City Clerk. croaehment of eight and t h l'
I have since discovered that quarters inches upon his propert.,
there is a wall that encroaches which was constructed by the own
8% inches onto the soulherly boun- er of pmperty to Ihe soutb. He
dary line of my property described stated that when he purchased te,
as Lot 4 of Block 6 which wall property from Urban Renewal h
has been constructed' by the pro- had no way of knowing that a
perty owner to the south of me. wall would encroach upon his pro-
I am enclosing a copy of the plat perty.
for your eumination, 80 that you RESOLUTION NO. 214.13
can determine from examining It WHEREAS on May 30 1973 the
that there was no way that I could Honorable William C.' Hanson,
know when I purchased the pro- Judge, and the Honorable Edward
perty th~t there would be a wall J. McManus, Chief Judge, of tho
encroaching on the property. United States District Court en.
I have appro"ched various city tered an order on said date in
officials about selling a portion the Matter of the Transfer of the
of the south side of my lot 4 Division Office of the Clerk at
of Block 6, and obt..ining from Dubuque, Iowa ordering that al
tbe City of Dubuque a strip the the close of business on June 29,
same size to the north, so as to 1973 the division"l office of the
maintain 65 feet. I have proposed Clerk of the United States District
Ihat I would sell the encmached Court at Dubuque, Iowa sball be
area to Karrigan's Restaurant fo closed and the position and offi
a fair price, and would purchase cial duty station of Ihe Deputy
an equal sized lot on the other Clerk in said city shall be trans-
side of lot 4 for the same price, ferred to the Headquarters Office
In deSiparatiou, I IIO'W turn to of the Clerk at Cedar Rapids, 10-
you, as I feel that having pur. wa; and . . .
chased pmperty from you at WHEREAS, the divISlonal office
considerable expense I am entitled of the United States District Court
to receive property' which is not of Iowa located in the City o'
encroached upon by a 25 foot bigh Dubuque, Iowa is <be oldest office
wall. I respectfully request tho' in point of time in the State of
you look into my difficulty and Iowa; and . .
a,$ord me Ihe relief to Which I WHEREAS, the closlDg of saId
feel I am entitled. divisional office would work a dis
Canfield Hotel Inc. tinct inconvenience upon the in,
Charles Sche":er, Presi- habitants of the Northern District
dent of Iowa; and
Councilman Justmann moved WHEREAS, .the. inhabitants of
that the petition be referred to the Nortbern DlStrict of Io.wa ha:e
the City Manager City Solicitor been accustomed to havmg sOld
and City Enginee;. Seconded by C!erk's offic.e at D~buq~e, Iow~
Councilman Moldenhauer. Carried al~ and assISt ':he .lnhabltants ?
b the following vote: saId ~orthern DlStnct of Iowa In
y . . secunng passports and the neces.
Yeas-Mayor BItter, Councilmen sary travel visas and it js. not
Justmann, Moldenhauer, Pregler very likely that any substitute win
Tboms. supplant the present existing me,
Nays-None. thod of securing passports and-or
Councilman Pregler moved sus. visas and any and all matters
pension of the rules in order te in connection with Inhabitants Of
let anyone present address the the Northern District traveling to
Council if they so desire. Second foreign countries which has ","en
ed by Councilman Moldenhauer. of great "ssistance to said inhab¡-
C..rried by tiIe following vote: \ants;
Yeas-Mayor Bitter, Councilmen NOW THEREFORE BE IT RE-
361
362
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
section 1. Tbat <be City Council
of the City, of Dubuque, Iowa for-
mally go' on record for urging the
reU>ntioD " of; the diwsional office
of the Otert of the United States
District court. at Dubuque, low.
as 10 presently ill eodstence and
that tbe order transferring same
to th., Headquarte1'1! Office of the
Oteri< at Cedar' Rapids, Iowa re
reconsidered.
Section 2. Tbat the Mayor be
and he is hereby authorized and
directed to communillate in writing
forthwith with the Honorable Ha
raid E. Hughes. with tbe Honerable
Dick Clarke and .with tbe Honorable
John C. Culver and transmU m
each of said elected officials a
certified copy of this Resolution,
together with a formal request that
they exercise all the good influ-
ences of. their respective officæ !
in 'assisting and in effecting are.
con.ideration of tbe order relating
to tbe transfer of Clerk's office
in Dubuque to Cedar Ra,pids, I-
wa.
passed, approved and adopted
this 25th day of June, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Anon T. Tboms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Bitter moved adoption of
tbe resolution. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas~ayor Bitter, Coundimen
Justmann, Moldenhauer, Pregler,
Tboms.
Nays-None.
N"'Ys-None.
ReSOLUTION NO. 215.73
Releasing Proposed Public Con.
structlo.. sites' I... the. Downtown
Urban Renewa' Project, Iowa R.15
WImREAS. Under date of De-
cember 7,1964 and in res¡ponse
to a. request Iirom the County-Oity
of DUbuque Authority, the C i t Y
Council of' 1111. City. of Dubuque
adopted Resoiution No. 276.&4 re-
serving a parcei of real estate
bounded by Fourth Street on tIhe
Special Session, June 25, 1973
south; Iowa Street on the east,
F;;Jih Sllreet OD the nortI1 and La-
eIlst Street on 1iN west fur the
construction thereon of a-proposed
County-Gty Building; and
WiHERIDAS, under date of Feb-
ruary, 2/;, 1966, 8Ild in . response
from, the Counily-City of Dubuque
Autbority, the City Conneil of Ibe
Oity of DuJ>uque adopted R...,lu-
lion No. 74-68 ",ser.ving a parcel
of ...wI est..te hounded by Fourth
SIre&! on th.. soulb" Iowa Street
on .the out, Filth Street on the
n<JiI<1¡b and Main Street on the west
for <be coootructåon thereon of a
proposed Countyðty Bœlding; and
WHEREAS, it bas been deter-
mined by tbe City Council 011 the
City of DuJ>uque that n<>ith....one
of the aoo'Ve <!eseribed. parce1s of
reai ...tate need to be further reo
&el'ved fO<' the County-City of. Du-
buque Authority; now tberefure
BE IT RESOLVED BY THE
CITY COUNOIL OF THiE CITY
OF DUBUQUE, IOWA:
section 1. That Ibe reser'V>ations
of the pa,rce1s of real estate de.
sel'libed bereinaibove for the County-
City of DulJuque Authority for the
construction thereon of a County-
City Building are hereby wit h-
drawn.
Section 2. That the Director of
Ibe Department of Housing and
Rede'Velopment is hereby au<bori-
zed and dire.cted to proceed Wlith
Ibe oroe11ly .u..position of said pa,r.
cels of real estate in aecorowce
with""es contained in the awrov-
ed U~ban Renewal Plan.
this 25tb d8ð' of June 1973.
Joseph J. Bitter
Mayor
C. Robert J""tm..oo
Wa~er A. Pregler
Allan T. TbGms
Wayne A. MoldenlJauer
Coun<>ãmen
ATTEST:
Leo F. Fromme1Jt
City Clerk
Councilman Mo!.denbaner moved
adoption of tile reoolution. Second.
ed by Councilman Preglec. Carried
by the following vote:
Ye",,-Mayor Bitter, Councilmen
JuS'tmann, Moldeabauer, Pregler,
Thoms.
Nay.s-None.
RESOLUTION, No. 216.73
Accepting work: performed under
demolition Contrect No. 2.71 for
.;It '.
Special Session, June 25, 1973
363
tile Downtown Urban Ren_al Pro.
ject, Iowa R.15.
WHEREAS, DemoJiolion Cowed
No. 2-1! executed umler date 01.
Ju1y 26, liJ1!l wϟI C. H. Langman
10 &m tar the remoWl!! and siile
clearance <>f various structures -
- «te impro'Vements in th e
Down...... Ud>an Renewa.1 P~o-
ject aorea ha& been colJlllleted; and
WHEREAS, u- recommenda-
tion of the City EÀ\!lin...- and <be
Director Ði Housing and Redßve.1KJ¡p-
mem, the City JIIaDag" has e"a-
m1ned the work aDd finds that
the work h"" been completed in
ac'coroance with the terms of 1iN
Contxaet a.nd rewmmends its ac.
ceptance; now theref<lre
BoE IT RESOLVED BY THE
CITY OOUNCIL OF THiE CUI'Y
OF DUBUQUE, roW,,":
Section 1. ThaJI the recommenda-
tion of tbe Cil¥ Manager be ape
proved and that said work be and
the same is hereby accepted.
Passed, awroved, anù adopted
this 25th day of June, 1973.
Joseph J. Bitter
Mayor
C. Robert Justman..
Waiter A. Pregler
Allan T. TbolD&
Wayne A. Ma\denbauer
Co1D1ciimen
ATTEST:
Leo F. FoommØlt
City CIerI<
Co\mcilma.. Justmann mo'Ved a~
doption of the .....,¡ution. Seconded
hy Couneilman Pregler. Carried
by tile ft>llOIWing VÐte:
VOBiS-Mayor BÏtteir, Councilmen
Justmann, Moldenhauer, Pregler,
'lbo-.
N>a~e.
RESOLUTION NO. 217.73
Authorizing the execution and
delivery of deed to Dubuque Coun-
ty for .ale of 'and in the Downtown
Urban Renewal Project, Iowa R.15
WlHEJREAS, under date 01. June
Il, 1913, pursuant to Re.soI.uliion
No. 1.98-73, tbe City of Dwbuque
and DuiJuque County eDJtered into
a contraet fur the sale 01. land,
herftualfter described, loca.ted in
tbe Downtown U11ban Renewal Pro-
ject, Iowa R.J.5, fur pulllie ~deve1.
opment; and
W., HEREM, th', e Ul>ited States." De 'I
pam:mem 01. HoUðÌng and Urban
DevelopmeDl has c<mcurred in !be
proposed sale of tbe - to Du-
buque County; and
WHEREAS, Dubuque County Iw¡
eoDllPlied with the condititJos, ill
any. of the CoIltr""t fur the Sale
'" Land fur Puilllie RedevelopmeDl;
now thereion
BE n: RESOLWID BY THE
CITY COUN()IL OF TH!E CJrY
OF DUBUQUE:
Sect"" }. Thill the Ma- and
the Oity Clerk OIre herelby -ria.
ed and diL-eeted to execute e Deed
to Dubuque County far s.1IIe 01.
an DDdivided 70.'m11 P£l' ceøt m
and to the North 57 feet of Reuse
P.""""l 1 and aft of Dense P..,cei
2 in Blœk 3 in Downto- UrtJan
Renewal Project, Project No. J.
""'" RoIlS, legOllly 41- ..
An DDdi¥ided 1Ct.73I17 per -
in and to Lot 1, """~ the South
19 feet thereof, 01 Block 3 in
Dubuque D""",town Naza in. the
City of Dubuque, Icnra.
Section 2. That the City Mtiòrney
is hereby e-rized aDd directed
to deli'VOr.aid IÆed to Du'bnque
CoUllity u¡pon ræeipt of lIIe pur-
chase prke of $51,6&1.92 whidI reo
presents 11).7317 per celli of fJhe
total price of tho. real eS'taile on
tbe ba6iß 01. $2.50 Pßl" square foot.
Pa.s.sed, approved and adopted
this 25th day of J.une, 1913.
Joseph J. Bitter
Jlayor
.C. Robert Jus.tmann
Waiter A. Pregler
ALlan T. Thom&
Wayne A. M:uldenbauer
CouneHmen
ATTESr:
Leo F. Frommelt
City Clerk
Councilman Moldenhauer moved
adk>tplion of the resolution. Second-
ed hy Couneilm.n TbGms. C...,.ied
hy Ö1e fuIJowing vote:
Yeas-Mayor Bitter, Councilmen
Juotmann, Mùdenbaner, Pregler,
Tholll6.
Nay~ne.
June :.11., 1913
H<>norahle Mayor
and Councilmen
Tbe Planning and ZonIng De-
partment hereby requesta your au-
Iboriaation to accept the ettaehed
lease agreement fur office .paee
00 the FourtIJ Floor of tbe Fiseher
Building.
The plaJmjng and Zoning Deport-
ment has been housed in office
364
Special Session, June 25, 1973
space leased to ihe Dubuque Coun,
ty Metropolitan Area Planning
Commission, under an agreemen:
wherebY this department ha,s paid
fifty percent (50%) of ihe annual
cost of the .Iea,se. The Metropoli-
tan Area PlalUlÌI>l! Commission will
relocate its offices on or about
August 1st of tbis year, 80 thai
it will no longer be possible to
continue under the present a r-
rangement. The Attached agree.
ment will permit the Planning and
Zoning Department to continue to
OCCUpy quarters at 4111 F i s c her
Building for the unexpired portion
of the DUbuque County Metropoli-
tan Area Planning Commission
lease.
Your approval of ihe attached
Resolution is herehy requested.
Daniel Dittemore
DeveJopment, Planner
Councilman Pregler moved lIlal
ihe communication be received
and filed. Seconded hy M..yor .Bit-
ter. Carried hy <be fullowing vote: I
Yeas-Mayor Bitter, Councllmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
RESOLUTION NO. 218.73
WHEREAS, the City of Dubuque,
Iowa has negotiated wiih the Fis-
cher Realty Company, Incorporat-
ed for office space for the De-
partment of Planning and Zoniug;
and
WHEREAS, Fischer .RooUy Com'
pany, Incorporated bas tendered
a written lease to be entered into
by the City of Dubuque, Iowa as
lessee and ihe Fischer Realty Com-
pany, Incorporated as lessor; and
WHEREAS, the City Council ha,s
~~a~J~ ::e b::~~ l~::~h~ c~~~ I
m.arked Exhibit "A", and bas de-
termined ihat such lease should
be approved;
NOW THEREFORE BE IT RE.
SOLVED by ihe City Council 01
the City of Dubuque, Iowa:
Section 1. That the lease to be
entered into by and between the
City of Dubuque, Iowa and Fis-
cher Realty Company, Incorporat.
ed covering premises to house the
Planning and Zoning Department
for a term of eigbt (8) monihs
at a monihly rental of three bun-
dred tbirty dollars and no cents
($330.00), a COpy of whieb lease
is 'hereto attacbed and marked Ex.
wbit "A" be and ihe same is
hereby approved.
Section 2. That the Oity Manager
be and is hereby authorized and
¡¡¡rooted to e""",¡¡te saåd I...... fIO<"
and on behaM of IIhe City of Du-
buque, Iowa.
Passed, approved and adopted
tbis 25th day of June, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Roi>ert Justmann
Councilmen'
Attest:
Leo F. Frommelt
City Cl~rk
Councilman Pregler moved adop-
tion of die resolution. Seconded
by Mayor Bitter. Carried by the
follòwing vote:
Yeas-Mayor Bitter, eounei1men
Justmann, Moldenhauer, Pregler,
Tboms.
Nays-None.
RESOLUTION NO. 219.73
Declaring intent to sell a portion
of the Downtown Urban Renewal
Prolect. Iowa R.15, to. R. Hamp-
ton and Company, Inc.
WHEREAS, under date of March
19, 1973 and April 30, 1973, th'
Council of the City of Dubuque
adopted Resàlutions Numbered 90,
73 and 14.3-73 respectfully, both of
which appro'Ved and authorized the
receipt of proposaJis for ihe sale
and redevelopment of a certaiu
parcel of real estate in ihe Down.
town Urban Renewal project, Iowa
R~15; and
WHEREAS, pursuant to said re-
solutions, a notice of Invitation for
Pr<>posaJis was published in ihe Te.
legraph.Herald a newspaper <>f ge-
neral circulation in the City 0'
Dubuque, Iowa, on April 4, 1973,
April 17, 1973, May 8, 1973 and
May 15, 1973; and
WHEREAS, in. response to s.aid
offering, a proposal for ihe pur-
chase and redevelopment of tb,'
red estate was received from R.
Hampton and Company, Inc.; and
WHEREAS, pursuant to Chapter
403 of ihe Code of Iowa, a,s amend
ed to date, and certain regulations
of the United States Department
of Housing and Urban Develop-
ment, certain documents. must be
made ..vaUable for pub¡;" inspec.
Special Session, June 25, 1973 365
tion and a public hearing conduct- I Said hearing will be held in Coun,
ed; now iherefore cil Cbambers, City Hal!, 13th and
HiE IT RESOLVED BY mE CII-¡ Iowa Streets, Dubuque, Iowa, at
TY COUNiCIL OF THE CITY OF 7:30 P.M. on tbe 6th day of Au.
DUBUQUE, IOWA: gust, 1973, and any pe1'S\)n or or.
Section 1. That ihe City of Du- . ganization desiring to be heard
buque hereby declares its intent, will be given an oPPOrtunity to
alter a public hearing, to dispose be heard on the question of the
of the Disposition Parcel 4-2 in proposed disPO.itions.
the Downtown U~ban Renewal Pro- A "Redeveloper's Statement for
ject, Iowa R..J.5, to. R. Hampton Public Disclosure" in the form pre-
a,:,d Company, Inc. m ac~~rdance scribed by ihe Department of Hous-
WIth the term. and conditions of ing and U"ban Development and
the ~and Marketing Doeume~ts go- the prOPOSed "DisPOsition Agree-
ve,:"""g such sale on file m the ment" for eaeb of said devel<>pers
~ffiee of <be Department of Hous- are on file and a.vaiiabJe fur Ir.-
mg and Redevelopment. spection at ihe o/Dce of ihe Cih
Section 2. That the City Clerk Clerk City Hall Dubuque lowå
be an~ he is hereb.y au<b~rized betwe'en 8:00 A.M. and 5:00 P.M.
and directed to publish notice of except Saturdays Sundays and
public hearing to be held on A~- hoLidays. Said doe~ments &h~ aIiso
gust 6, 1973, and to make certam be ,a."a,¡,¡able at the time of the
documents availahle for public in- public hearing
speetion. Such notice shall be sub- .
stantially in ihe form of "Exhibit Leo F. Frommelt
A" attached hereto and made a ,City Clerk
part hereof, and such notice may 'Counc~man JUstanaDll moved the
Cover one or more proposals. adoplfJion of the resoJutioo. Second-
Passed, approved and adopted ed -by Councilman Preg;ler. Carried
this 25th day of June, 1973. by the fu1Iowing vote:
Joseph J. Bitter Yoos-Mayor Bitter, Councben
Mayor JUSltmann MOIIdenI1auer Pregler
Walter A. Pregler Thoms. ' "
~~e ~. ~~~:w.auer Nays-None.
C'Co~~:uustmann RESOLUTION No. 220-73
Attest: BE IT RESOLViEID by the Oity
Leo F. Frommelt CoulliCii of the Oity of Dubuque,
Oity Clerk Iowa, that the foUooving ha,ve com.
EXHIBIT "A" plied. wi<b the prov1siOIliS. of law
LEGAL NOTICE OF HEARING relliting to t:he sale of Cigarettes
Pursuant to Chapter 403 of the W¡thÎn the City of D~buque, low,!,
1966 Code of Iowa, as amended, be g~anted a .perm,t to soli C!-
the City Council of the City of g~rette~ and Oigarette p-... WI-
Dubuque will hold a pnhlic hearing thin salld City.
for the purpose of considering ihe Charles Adams, 30th and Jaclœon
authorization of the execution of Street.
proposed agreements by and be- John C. Andresen, 5ó5 Kennedy
tween ihe City of Dubuque and Road.
the develnpers hereinafter listed Bishop BuII!'et.s, Inc., 555 J. F. Ken-
for ihe purcbase and redevelop- nedy Road.
ment of certain parcels of real Robert Beidler, 1122 Dodge Street
estate located in the Downtown Burger Kling #1100 l3õO J. F. Ken-
U11ban Renewal Project Iowa R-15, nedy Road.
which project includes ihe area Leooord H. & BetJty L. Crane, 2245
bounded by Fourth Street on the J. F. Kennedy Road
south Central Avenue on the ea,st, Cla.rke Coliege, 1550 Clade Dri'Ve
Wmth' Street on the north, and Rita M. Clancy, 301 East 22nd
Locust Street on the west. Street.
Name of Developer, R. Hamp, Olark SU )er "100", 1005 Dodge
ton and Company, Ine. Street
Addre, ss, 502 Maple Lane, Stefl. I D. A' " V. Club, 2600 Dodge Street
ing, DIinois 61œJ.. Plaza
Special Session, June 25, 1973
Ge<xrge -, 2000 Dodge street I Thom,pson'6 Food Mark<>ls, Inc.,
Piau 20 1256 Iowa Street
P,a.trlick Fenelon, :1166 Ja c k s 0 n Thompson's Food Markets, Inc.,
Street 52 West æoo Street
Beverly Glynn, 1!lI1J1 University Thompson's Food Markets, 1Œ.,
ANenue 2119 Rhombel'g A'Venue
Ma"'o Giunta, = Central A'Venue Thompson's Food Mairkets, Inc.,
1Wliday Inn Motel, H,w.. D 0 d g e 3003 ",.buæy Street
Street Kathleen Wedig, 1399 J a c k son
Tbe Dungoon. LTD, 3M & Locus! Street
Street Will-Co., lœ., 805 West 51111 Street
KnigI11Js of Codumíbus. 781 Lucus' The Poa.., MOl Cemr-al Avenue
Street I<ywa CommtSlSion foc the Blind,
RuSlSeB E. Myers, 16!l8 Cenlm\ pom Office Vending Stand
Avenue Robert C. Parker, 1091 Whit e
Catherine M. Meyer, 530 Eaßt 22nd S\!'eet
Street Josepbine Burke, 1445 Central Ave-
Merehants Hotel, 304 MaID Street Due
1J<>nald Plumley, 51h & L 0 C u s.t F1lorence E. ChaJder, 1-13 M a i n
Street Street
George K. Aø'v.anitis, 1958 Central Victoria Ems, 120 West 41Ih Street
A"ooue FiSICher Bowling Lanes, 880 Lo-
Joseph Sutter, :1195 Jacloson Street cust SlJreet
Cha,"les J. S¡pielman, 2401 Windsor Milton F1lnk, :1165 Centr..l A'Vooue
Avenue Leona R. Friedman, 820 Eaet 16th
Mr. Steak, 2660 Dudge Street Street
Sears Roebuck & Company 300 S. Durothy Henbges, :Mil2 C" n t r.a I
Locust Street Avenue
Dunðll<l Sand, 23&1 Washing ton Harry Kowle. 1098 U n i oversiLty
Street Avenue
John 1.. Sa,y,ary, 827 Dodge Street Robert Kart, 35 Locu.t Street
Melm A. Spiege!!hailter, 102 9'h Kenne<b J. ~ve, sœ Central Ave-
Main Street nue
Lawrence & Eithel Schwartz, 500 N~bors Drug #4, 1920 Eilm Street
Rhomberg Avenue O!fi<:e Grill, 9th & Maoin Street
Traœch Baking Company, 25 M"in Duuglas Schlickman, 1400 L 0 ra s
Street Blvd.
Uni'Versity of Dubuque, 2050 Uni- David Schmitz, 504 Bluff S\Jreet
'Ve"sity AwDue Robert E. Cabi1l, 402 LocU8t Street
Lyle Whalen, 30 Locust Street Ger:>1x E. Miller, :Mil7 Rbomlberg
Wm. J. White, 1993 Mbur~ Street A.venue
Zayre Snack Bar, 255 J. F. Ken- BE IT FUlRTHER B/ESO!LVED
nedy Road '!'HAT THE BONDS FIlLED WITH
Del()iJ'es Elliott, 2093 Washing ton the awlicaolion be awroved.
Street Passed, adOlPted and awro'Ved
Mrs. Alice Erschen, 2517 Univer- tms 25th day of June, 1!I7i.
sity Avenue Joseph J. Bitter
Frank & Jolm Geo"ge, 1461 Dodge Mayor
Street Walter A. Pregler
Ra,lph Gralbow, 1050 Unive"sity A"e AiUan T. 'I11oms
nue Wayne A. MOOdenbauer
John F. Hall, 2ffi6 Win<lSOll' Avenue Councilmen
Albert H<!in., 3001 Pennsylvan ia Attest:
Avenue Leo F. F'<omme1t
Eliz~beth Kra~novich, 461 Locust City Cle<k
Street Councilman Moldenhauer moved
Raymond Ney 2186 Centra[ A'VeUue adloption of the resolution. Seeond-
Ai N~ & ~res Roeth, 000 Gen- ed by CoUŒ¡¡~"" Pregler. Carried
traiÌ Avenue by the funowmg .vote: .
. . . Ye..s-Mayor Bitter, CouœiImen
Patrißla A. Sutton, æ5O Bu~lington MOOienhauer, Pregler, Tboms.
Street Nays-Councinan Jus t mann.
Thompoon's Food Markets, Inc., RESOLUTION No. 221-73
250 West 1st Street WHERE,\B, ~""" for Beer
366
~-
-----
Special Session, June 25, 1973 367
-- -
permits ba,ve been subnùtted to Robert L. Becker, 3tl8 Centra]
this Counei1 for BIJIproval and the Avenue
s.ame have been examined; NOW BE IT FURTHER RESOINEiD
11HEREFoRE that the bonds fi1ed With the a.
BE IT RESOINtED by the Oity plication be approved. -
Council of the City of Dubuque, Passed, adopted and approved
Iowa, thait the following apP1i<:a- this 25th day of June, 1973.
tions be ~.ted "",d per~ts M- Joseph J. Bitter
sued UiPOO .the compliance w.th the Ma or
terms of the ordinances of the C ~b t J t
City. Walter ¡r, Pr~~I:ann
CLASS "B" BEER PERMIT Allan T. Thoms
Catherine Mary Me,yer, 530 East 'Wayne A. Moldenbauer
2J2nd Street Councilmen
CLASS "C" BEE'R PERMIT Attest:
TOO_', Food Ma"kefls, Ine., Leo F. Frommelt
250 West lfit Street CIty Clerk
R"bert L. Becker, 24Il8 C e n t r .a I Councillman Moldenbauer moved
Avenue adoption of the resolution. Second-
Pa&sed, adopted and a\1PfOved ed by Councilman Justmann. Car-
this 25th day of June, 1973. ned by the foUOWing vote:
J'<>seph J. Bitt... Yeas-Mayor Bitter, Conndlmen
Mayor Justmann, Moldenhauer, Pregler,
C. Roibert Juostmann Thoms.
Walter A. Pregler Nays-None.
Allan T. Thoms
'W"".. A. MoJdenilauer RESOLUTION NO. 223-13
.Councilmen WIfEREAS, applications for Li-
A.tteo.t: quor permits have been submitted
Leo F. Frommelt to this Council for approval and
Oity Clert the "me have been examined,
CouneiJIman MOlidenbauer mO'Ved NOW THEREFORE BE IT RE.
adoption of the resolution. Second- SOl,yEJD by the Cily Cotmci! o!
ed by Co1UllCilman Justm3J1D. Car- the City of Dubuque, Iowa, that
lied by 1he foliowing vote: the following applications be grant,
Yeas-Mayor Bitter, CoUßicilmen ed and licenses issued upon the
J...tmuu, MoJdenbaner, Pregler, compliance with the terms. of the
TOO"",- IOWA LIQUOR CONTROL ACT-
RESOLUTION NO. 222-73 CHAPTER 1M-as amended by the
WIlEREAS, application. for Beer 84th General Assembly, lJI71.
perntits were filed by the Within CLASS "c" (COMMERCIAL)
named 'Y'plicants and they have BEER LIQUOR LICENSE
received the approval' of this Coun- Elizabeth Krajnovich, 4111 Locust
cll and; Street
WIlEREAS, the premises to be Albert J. Ney & Dolores S. Roeth.
0CC1Ipjed by sucb applicants Were 600 Central Avenue
insP8eted and found to comply with Donald T. Sand, 2384 Washington
the ordinances of this City and Street
they have filed proper bonds; Paul Schollmeyer, 176 L 0 c u s t
NOW l1lEREFORE BE IT RE Street
SOLVED by the City Connei1 0' Michael F. Pnsateri, 2500 Dodge
the City of Dubuque. Iowa, that Street
the Manager be authorized to cause Arthur W. Pins, 2599 J. F. Ken
to be issued to file fullowing ""'med nedy Road
applicants a Beer permit. Melvin A. SPiegelhaiter, 1029\6
U Main Street
C~SS"B BEER PERMIT John L. Savary, 827 Dodge Street
cathen~~t"ry Meyer, 53Ð East Edward A. Bailey, 1298 Main Street
22IId {CLASs uB" HOTEL OR MOTEL
CLASs "c" BEER PERMIT BEER LIQUOR LICENSE)
ThomplOll's Food Markets, Inc.. Dubuque Motor Hotels, Inc., llŒi1
ZO West 1st Street Dodge Street
~.
Special Session, JWle 2.5, 1973
!"assed, adopted and approved Passed, adopted and approved
this 25th day of June, 1973. tWs 25tIh day of June, 1973.
Joseph J. Bitter Joseph J. Bitter
Mayor Mayor
C. Robert J"stmann C. Robert Jwstmann
Walter A. Pregler W,alter A. Pregler
Allan T. Thoms Mlan T. Thoms
Wayne A. Moldenbauer Wayne A. Moldenbau...
Councilmen Councitmen
Attest: Attest:
Leo F. Frommelt Leo. F. Frommelt
City Clerk City Clerk
Councilman Moldenllauer moved Councilman Moldenhauer mO'Ved
adoption of the resolution. Second- adoption of the resolution. Second-
ed by Councilman Justmann. Car- ed by Counerlman Justmann. Car-
ried by bhe Mk>wing vote: ried by the following vote:
Yeas-Mayor Bitter, Councilmen Yeas-Mayor Bitter, Councilmen
Justmann, Moldenbauer, Pregler, JUßtmann, Moldenbauer, Pregler,
Thoms. Thoms.
Nays-None. N~-'None.
RESOLUTION NO. 224-73 ORDINANCE No. 33.73
WHEREAS, "wmcalJions for lA- An ordinance authorizing certain
quor licenses were filed by.the holders of Liquor Control Licenses
within named a¡pplicanils and they and beer permUs to sell alcoholic
ha,ve roeei'Ved the a¡pproval of this beverages or beer on sunday,
Council, and preseI>ted and read.
WHIDREAS, the premises to be Councilman Pregler moved that
occupied by sueh appNCiOn1ls were tbe reading just bad been consider-
Ìn"Peeted and found to comply with ed the first reading of the Ordi-
the State LalW and ..11 City ordin- nance. Seconded by Couneillman
ances relevant thereto and thW Ju.stmann. Carried by the follow.
have filed proper bonds, ing vote:
NOW 'I1HERIDFORE BE IT BE- Yeas-Mayor Bòtter, Councilmen
SOLVIDD by the Oity Counic:il of Justmann, Pregler, Thoms.
Dubuque, Iowa, that bhe Manager Nay~uneilm"'" Moldenhauer.
be aubhorized to cause to be i.s- 'Councllman Pregler mo'Ved that
sued to the following named 1Ip- the rule requiring an Ordinance
plicants a Liquor permit. to be ~ead on three separate days
be WOl'Ved. Seconded by Council-
CLASS "C" (COMMERCIAL) man Justmann. Carried by the ful.
BEER LIQUOR LICENSE lowing vote:
Elizabeth Kira1oovicb, 481 Locust Yeas-Mayor Bitter, Councilmen
Street Justmann, Pregler, Thoms.
AJlbert J. Ney & DoJores S. Roeth, Nays-Couneilman Moldenbauer.
6( () Centr.1d Avenue
DonaW T. 8o,nd, 2364 W,"shington ORDI'NANCE NO. 33.73
Street AN O~DINANCE AUTHORIZ-
PaUll SclwJnmeyer, 176 Locust IN,G CERTAIN HOlJDEJIS OF
Street LIQUOR CONTROiL IÆOENSES
Miebael F. P""ateri, 2560 Dodge AND BEER l'EIUHTS TO SELL
Street ALCOHOL](; BEVERAGES OR
Arbhur W. Pius, 2699 J. F. Ken- BIDIDR ON SUNDAY.
nedy Road NOW THEiRiEFORE BE IT OR-
Mel'V'l,'n A. ~iegelhaltor, 10291,2 I DAmED BY THE OITY COUINC1IL
Main Street OF THE OITY OF DUBUQUE,
J<>hn L. Savary, 8Z1 Dodge Street i IOWå:
Edward A. Bailey, 1298 M ,..; n' Section 1. Any club, bote:! motel
Street I. or com~ercial establliobm":t hold-
" " mg a liquor control license for
CLASS B HOTEL OR MOTEL wbom the sa'le of goods and ser-
BEER LIQUOR LICENSE vices, other <ban ..JeohOOe liquor
Dubuque Motor Hote ¡¡¡, Inc., 1111 or beer, conotitutes at least My
Dodge Street per cent or more of 1he gross
368
,,"':'è-
Special Session, June 25, 1973
369
receipts from bhe Neenses premo the rule requiriI>g an Ordinance
i.ses may sell and di.s¡pense aleo- to be read on three separa.te days
boNe Nquor and beer to patrons be waived. Seconded by Council-
on Sunday for consumption on the man Justmann. Canted by the fol-
premises only. lowing vote:
Section 2. Any club, botel, motel Yeas-Mayor Bitter, Counci[men
or eommero;æl eSitablishment hold- Justmaoo, Pregler, Thoms.
jog a Class "B" Beer Pemú.t for Nays-Counei1man Moldenbauer.
woom 1iN sa'le of goods and ser-
vices other than beer constitutes
filfty per eeDJt or more of the gras.
receipts Mom the licensed premi.s-
es, may sell and dispeI>Se beer
to patrons on Sunday fur consump-
tion on 1he premises only.
Section 3. Ancv bolder of a liquor
control NeeI>Se or Class "B" Beer
PCI'mit granted bhe privilege of
selling mayseli of dispense such
liquor or beer ODIiy between the
bouro of noon and ten P.,M. on
Sunday.
Passed, adopted and approved
this 25th day of June, 1m.
J""eph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Juotmann
Councilmen
AtOOst:
Leo F. Frommelt
City Clerk
Published officially in the Tele-
graplJ..JIerald Newspaper this 28th
day of June, 1973.
Leo F. Frommelt
Oity Clerk.
ColUll:ilman Pregler moved £ina~
adoption of the Ordinance. Second-
ed by Councilman Justmann. Oar.
ried by the Mlowjng vote:
Yeas-Mayor Bitter, Councilmen
Jus'tmann, Pregler, Thoms.
NaY~ouncilman Moldenhauer.
ORDINANCE NO. 34.73
An ordinance amending ordin.
ance No. 46-72 by repealing section
19 thereof and enacting a new
section 19 in lieu thereof fixing
and establishing hours in which
alcoholic beverages or beer may
be sold on sunday, preseDJted and
read.
Councilman Preger moved that
tber reading just had been consId.
ered the first reading of the Ordi-
nance. Seconded by Councilman
Justmann. Carried ,by the following
vote:
Yeas-Mayor Bitter, Councillmen
Jusimalm, Pregler, Thoms.
Nays-Councilman Moldenbauer.
Cooocwiman Pregler moved that
ORDINANCE NO. 34.73
AIN ORDINANCE AMENmNG
ORDINANOE NO. 46-72 BY RE-
PEALING SECTION 19 THERE-
OF AND ENACTING A NE,W
SECTION 19 IN LIEU THERE-
OF FIXING AND ESTABLISH-
ING HOURS IN WHICH ALCO.
OOUC BEVERAGES OR. BEER
MAY BE SOLD ON SUNDAY.
NOw. THEREFORE BE IT OR.
DAINED BY THE CITY COUNÇ]L
OF THE CITY OF DUBUQUE,
IOWå:
Section 1. That Ordinente No.
46-72 knorwn as the ordinance re-
gulating the saIe and eonsuttlption
of beer and liquor in the City
of Dubuque, Iowa, be and the ...me
i.s hereby amended by repealing
Section 19 thereof and enacting
a new Section 19, in lieu thereof
as ful!ow.:
"Section 19. PROHIBITED SAL-
ES AND ACTS. No peroan holding
a liquor Neeuse or beer permit
nor bi.s agents or eI11i>loyees shall
do any of the following:
(1) Sell, <lli>pense or gIve to any
into1cioated person, or one simula-
ting intoxœatioo any 8I\coholic li-
quor or beer.
(2) Se'Il or diß¡pense any alcoholic
liquor or beer on the premises
covered by the license or permit,
or permit the consumptil)U thereon
between the hours of two a.m.
and six a.m. on any weekday,
and between the hoW"S of one a.m.
on Sunday and six un. on the
foilOlWÌng Monday. A bolder of a
Nquor conilrollieense or Class "B"
beer permit granted the prWilege
or selling aiœbolic liquor or beer
on Sundays may di.spense or sell
such liquor or beer between the
hours on noon and ten p.m. on
Sunda.y.
(3) Se'Il alooholic I4quor or beer
to any person on credit, except
with a bona.<fide credit card. TIùs
i proW.sion shall not owly to sales
I by a club to lIs members nor
to saIes by a hotel, or motel to
bona Jiide registered guests.
Special Session, June 25, 1973
Nays~ayor Bitter, Coum:ilmm
MoJdeÐbauer.
370
(4) EmpJoy any peMJI> nndot
tile age of eighteen years old ÏiD.
tbe øale or -ViDg of øleoIIIk Ii.
qoo.r or b- tur ~ ...
the preJI1iÌses where !dd. P"""" I Approved
b.- 1ihe oges 011 eigIIteØ and
twenty-<me shaD be a~ te \
- or dear ØoIIøIIe liquor or Adopted .........-.......,..-..-""-""" l1r13
beer as .an incideilit to a meal j¡f
tihe bu_. ofseüiBIg tJod or other
""""""'" """"tiMes .......e tàau fifty
per cwt of the groos InIsiMM of
the lilce"", f1t pen!1ittee.
(5) Sell, giYe or otherwiBe S1JP-
ply any akobo1ic beve..ge or beer, I
to my person lmoWiII'g or baving
l'e""",,..ble e.use to believe 111m
10 be under legal! age, or permit
any JOl\"",tnowù>g or IImng reas-
""able eau'" 10 beIi.... bhn to
be nuder legal age, to eomnme
2fty ..œoh<>lilc beverage or beer.
(6) In tbe c...e of a retail! beer
~, ~"gJ¡I alJow \be mi-
Jling fJI adding of aiK:<JIIol or auy
odeoIIolie _."age to beer ør ..,.
øtIaer lJe""""ge ill or aI3uUt his I Attest:
¡>IKe of btIBi........
(7) Keep, or &Bo.. to be kept,
lIambling devi- of all'J' kind or
deoftip1ion on !lie premises or
place of business of tbe Jileenl;ee
or pemñt Idder."
P......oo, _roved and adopted
Ibis mtb day of J1IIIIe, 19711.
Jooeph J. Bitter
:Mayor
",.a.lter A. Prefl\er
Allan T. Tboms
C. Robert Justmann
CouncHmoo
ArI'TEST :
Leo F. Frommellt
œyClerll:
Pnblislled oMicially in Tbe Tele-
gr3i>h-Herald Newspaper this 281h
day of June, 19'i3.
Leo F. Frommelt
Qty Clerk
Coundlm1L" Pregler moved tiœI
adoption of the Ordinance. SeeotJd-
ed by Councilman Justmann. Car-
ried hy !be ~ vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Preg¡er, Thoms.
Na~unc¡¡man Moldenlbal16'.
There being 110 further business
()ouncΡ\man Thoms moved 00 ad-
journ Seconded by Council m .a n
Jœtmam. Crried by tile fDIlowing
vote:
y~en Justmann,
Pregler, ~".
.......................................m........"'."""
............................................................
............................................................
.........................-..............................
......-..........-.........--. ...m-'.""'"
c....ncilmen
City Clerk
W13
Special Session, June 27, 1973
371
CITY COUNCIL
OFFICIAL
session, June '11, 1973.
met at 4:30 P.M. (C.D.
Special
Council
T.)
Present - Mayor Bitter, Coun.
oilmen Justmenn, Moldenhauer,
Pregler, Thoms. City Manager Gil.
bert D. ChovenelJ..
Mayor Bitter read the call and
stated that service thereof bad
been duly made and this meeting
is called for the purpose of adopt.
ing a resolution canvassing and
declering the results of . special
election on a municipal transit pro.
position and acting upon sudl oth-
er business as may properly come
before a regular meeting of the
Council. I
Proof of Pub!rea1ion, certified to
by lbe PobU-her, of Sample Ballot
of Special Election of June 26,
1973 on tb.e Munrici¡>aJ Transit Pr0-
position, presented and read. Coun-
cilman Pregler moved that the
proof of publication be received
and filed. Seconded by M'a,yor Bit-
ter. Carried by the foJlowing vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenbauer, Pregler,
Tboms.
Nays----None.
ELECTION REPORT
I, HAROLD P. MELOY, County
Auditor of Dubuque, Iowa, and as
sucb County Commissioner of Elec-
tions of said County, do hereby
find, determine and declare lbe
following:
1. Tbat the Judges and Cle,k-
of the special municipal election
held in and for the City of Dubu
que, in Dubuque County, Iowa, on
June 26, 1973, on tile following
proposition, to-wit:
Shall the City of Dubuque, in
the County of Dubuque, State 01
Iowa, establish, acquire, maintain
and operate a municiapl transit
system by purchasing for One DOl-
lar the exisling privately owned
transit system now operating in
s'aid City?
ha,ve filed their returns, which
have been duly examined and veri.
fied.
2. Tbat at S>aid eleetion òn said
Proposition there were east 11,222
ba1JÐts, of which 10,167 wtes were i
cast "Yes", and 856 votes were'
east "No" and 199 ballots were
blank or defectively marked on
said proposition.
3. Tbat a record of !he votes
cast on said proposition at said
election by precincts is hereby
made 80S follow;,:
Blank Total
or Defee. Bal-
Precincts "Yes" "No" Jive lets
First 414 45 112 4111
Second 389 10 10 409
Third " 391 29 & 4026
Fourth . 632 52 11 &95
Fifth 405 19 12 4.'>6
Sixth, 400 26 8 CW
Seventh 3e6 16 7 389
Eighth ,359 28 4 391
Ninth . 200 12 3 :!7il
Tenth., . 415 æ 6 M
Eleventh. ,-IIJ! 39 11 548
Twelfth.. ,41!8 :n 6 465
Thirteenth 45f 38 5 41¥1
Fourteenth 417 43 12 472
Fifteenth. 448 28 7 4113
Sixteenth 389 39 8 429
Seventeenth 606 44 G GIi6
Eigbteen<b 381 22 5 34N
Nineteenth 356 59 8 423
Twentieth. 2314 26 1 270
TwentY-Ðrst 321 58 9 388
TwentY-sec'd 309 30 4 343
Twenty-third 347 62 7 416
Twenty-fou'h 332 28 20 380
Twenty-fifth 343 30 5 377
Absentee
Ballots. 278 11 G 295
4. Tbat lbe votes cast in favor
of said proPOsition at said election
were equal to at least sixty per
cent (60%) of the legal electors
voting on such prOlpOSition at said
election, and lbat said proposition
has been duly carried and adopted
5. Tbat the total number of legal
electors voting on suoh proposition
at said election, as shown by the
election registers was 11,222.
This Election Report constitutes
my official canvass of the ~sults
of said election on the furegoing
proposition.
WITNESS my official signature
and !he seal of said County hereto
affixed at Dubuque, Iowa, this 37lb
day of June, 1973.
Harold P. Meloy
County Commis&oner of
Elections
Subscribed and Nom to before
me this day, the da.te last above
written.
Leo J. Meuser
NiotaryPublie
372
special Session, June 27, 1973
My comtniSISiM expires 7-\1.-'15. proposition is hereby made as fol.
Co~m"" Jootmaml moved lows:
that the report be recmved and Blank or
made a matter of record. Seconded Defec-
by Couneilman p~eeler. (Janied Precincts "Ves" "No" tlve
by 1he foIl......mg vote: First.,. 4!1.' 45 1~
y...,.....Mayor ~r,CowJdimen See<md . 389 10 10
Jootmam, Moldenhauer, PregIIer, Tbird ' ' 39l æ 6
Thoms. Fourth. ,632 ~ n
Nàys-None. Fifth' e; 19 1~
RESOLUTION NO. 225.73 ~th . . :: ~ ~
RESOLUTION canvassing andele- Eighth . 359 28 4
clarine the, resuHs. of a special Ninth 2518;L2 3
election on a Municipal Transit Tenth, , . 4!1:5 23 6
proposition. Eleven1h.'4SB æ 11
V/HEBEAS tbis City Council did 'l'welfth., ø 31 6
heret<Jlore, at a dulY convened Tbirteenth ,. ,. ,>1M 38 5
meeting heM on MàY 18, 1003, call. FourteenJth. m......AI1~ 411 :II!
.. Sl'eei"¡ eiec1ioo to be heW in Fifteenth . oMS 28 7
1m<! fur theCOty of Dubuque, IoWa, Sixteenth" ' 383i 38 .8
on June 26, 1003, 1m<! ordered that SeveI>teenth . 600 441 6
there be submi.t\ed to the qualified Eighteen1h . 387 '23 5
elootohi of S41id City at' said eléC- Nineteenth . SS6 511. 8
tion the f.oI!I>Wing pII"'IIOSition: 'l'wentieth. . 2M 36 1
ShMl the Çòty of I>1>buque, in -ty.ful¡t . ,321 58 9
1he CounA¡y' of Dubuque, State of 'l'wenty-aoconll . 309 30 4
JowIa, establish, acquire, mainUin 'l'wenty-third. . .347 62 7
and operate a municipal transö.t 'l'wenty-foon'th . 3312 :118 20
system by purch""ing fur One DoI- 11wenty.fifth . 34C! 30 5
la. the exist:ing pri'VarelY owned Albseßtee Ballots 2'18 B 6
traMit syo«m1 nOW opetIBting in Section 3. That a record of lIhe
said City? a !r~te votes ~ on said pro-
and ¡pasiiItWn is her<i>Y Imade'"" fullowa:
WHEßEAS 1he eleetlon on said For, 10,il67, Against, 856, SIJoiled,
¡>r<>þI>SÖtion ...... duly and letàUy 199.
held on said date and the Judges Section 4. Tbat <be total number
and Clere of said e1l:tioo hM'e of legù electors vc,ting on sneb
fild their returns, ..bicb bave been q>r<JPOSition at said election, as
dUily """mined 1m<! ,verified; and shawn by Ü1e elecilion registers
\WIEiltEAS .the County Commis- was lIl,222.
&ionet of Elections bas filed wilJb Section 5. Th..t all ......,lUtiOM
this Co"",," a copy of "'" Report and orders o.r parts thereof, insO.
00 the result>s of s>aid eleetioo, far"" "..me ma~ be in confliet
wbicl1 RePOrt bas been duly ex- I>ert>Mth, are herebY repealed 1m<!
aminedand verified; this r"",lution sbaIl-me eMec-
NOW, '11HEßEFORE, Be 11 and tive immed>ately.
It Is HerebY ResOlved by the City Pi8ssed and 'approved June ZI,
Council of the City of Dubuque, 1973.
Iowa', 85 fullOlWS:
Section ¡. That !It is herebY foúDd
determined and dedared that the
election on lJbe proposition.-eferred .
to in the preamble hereOf "85
:fiaVOl'able thereto; tl>at he total
numiber of aft'ir¡mw'Ve votes on
said p""""",tion at said elction
was equal to or mote tba oixty
per cent (60%) of the legBi voters
voting 00 s>aid propo¡sition 'at said
election, 1m<! said propooiÖon is
hereby declared carried.
Section 2. That a reco~ of the
votes east bypreelncl& on said
Joseph J. mfter
Mayor
Att.eot:
Leo F. Fromm~
Oity am
Roco~ed June ZI, 1973.
Leo F. Frommelt
City Clerk
Councilman preg¡ler moved adop-
tion of Ü1eresolu.tiOO>S. seconded
by eounciJ.man Moldenhauer. Oar-
ried by 1Ihe folWWiÐi vote:
Ye.......-Mayot Bitter, Counœmen
J-aon, Moldenbauer, PregIIer,
TbDms;
Special Session, June 27, 1973
373
I Approved ....................................1973
Nays-Sone.
A eommu!1ieatioo wa.s subm>tted
by Councilman Justmann ;rom the
Town of ~ury submitting basic
elements wmch they (Aoibury) <feel
sihould Ibe included in the sewage I Adopted ......................................1973
agreement between Aisihury and ,the
COty of Dubuque, presented ..nd
read.
Councilman Justana.nn moved
tbat the IcommUDlÎcation be receiv-
ed 'and filed and referred to the
sta!ßf for Friday consideration. Se-
conded by Counci~man Thoms. Car.
ried by <be fullowinig vote:
Ye..s~Mayor Bitter, Councilmen
Ju.otmann, MoMenbauer, Preg¡ler,
Thoms.
Nayo-None.
CouncHman Thoms moved tl>at
the City Manager and Sta/if be
directed to continue negot:iatiom
willi Aoburyùong the guidelines
~ P::. ~~,tia,tio:' ~:c~.: u::: I Attest: ..................................................
that said Sltalflf be iIm¡powered to City Clerk
make such changes on said policy
as /Jhey deem adv..aible to arrive
at an acceptable conclusion with
A.bury in such contract, however
sue ¡ final C<>IIIWaet to be sulbjeet
to Council _roval. Seconded by
M'ayor Bitter. Carried by the foIl-
Wwing 'Vote:
Yeas-Mayor Bitter, Coun<illmen
Justmann,MoMenhauer, Pregler,
Tboms.
Nays-None.
There being no fur1Iher husiness
Councilman Moldenhauer moved to
adjourn. Seconded by Mayor B<t-
ter. Carried by <be following 'Vote:
Yeas-Màyor Bitter, Councilmen
Juotmann, Moldenl1auer, Pre.gier,
'!1homs.
Nays-None.
Leo F. Frommelt
City Clerk
............................................................
............................................................
............................................................
............................................................
............................................................
Councilmen
Special Session, June 29, 1973
CITY COUNCIL ~::s= HaMs, 1Ðe, ., lil1l.i
Duibuque Motor Hotels, 1Ðe., 1Ul
OFFICIAL Dodge Street
Speci~1 session, June 29, 1973. 'Pa,ssed, adopted and awroved
CouncIl met at 4:30 P.M. (C;D. this 29th day of June, 1978.
T.) Wayne A. Moldenhauer
Present - Councilmen Jus t. Presiding m£ieer Pro
mann, Moldenhauer, Pre g I e r, Tern
Thoms. City Manager Gilbert D. WIOIIter A. 'Preg¡ler
Chavenelle. Allan T. Thoms
Absent-Mayor Bitter. .C. IWbert Justmann
Presiding Officer 'Pro Tern Mol- Councilmen
denhauer read <be call and stated Att""t:
that service .thereof had been duly Leo F. Frommelt
made and this meeting is called ,City Clerk
:or the ,p111' >Ose.of a"'!'"rizing the Councilman 'Pregler moved adop-
Issuance of busIness licenses and tion of the resolution. Seconded
acting ~n such other business by Connci1lman Thoms. Camed by
as may prop~ come I>efore . a the following .vote:
regular meeting of .the Couna1, Yea,s-Presiding O£fieer Pro Tern
RESOLUTION NO.. 226.73 Moldenhauer, Councilmen Jus t-
\WßiJREAS, applications for manu 'Pregler Thoms
(SUNiDAY SAlLES P~BM¡TS) have NaY~None. ' .
been 'sulbtmtted to this Council fur Albsent-Mayor Bitter.
approv.8liand 1Ihe same ha.ve been
e"..mined, RESOLUTION No. 227.73
NOW THEREFQIR¡E BE IT R.E- WHEREAS, applications for
SOLVED by the Oity Council of (SUNDAY SAIÆS PER MITS)
the (My of Dubuque, Iowa, tbat were £tIed 'by the within named
the followingapplic.ations be gr.ant. applicanh5 and they have recei'Ved
ed and permits issued upon tile the _val of this Council and,
compliance with <be terms of <be WHEREAS, the premis"" to he
¡OWe<\. LIQUOR OQNTRO'L AJCT- oeC'lJlPÌed by sucll applicanh5 were
OHAPTEm l2ß of the 1978 Code m..peeted and found to com¡lly willi
of iowa as amended ¡by the 6Stib. the State Laiw and all Oity ordi.
.Gener.8Ii AJs,sembi.y. nances relevant thereto and they
Dwbuque Golf & Conn.try ClUb, ha.ve filed proper bonds,
RandMi Pla,ce NOW THEREFORE BE IT RE.
Leona. iR. Friedman, 6ro East 16th SOLVED by the City Council of
Street DuiJuque, Iowa, tIhIOt the Manager
John F. Hall, 21116 Windsor Me- be .authorized to cause to be is.
nue sued to the fullowing named ""'.
Alice Erseben, 2m7 University A'Ve- ,plicanh5 a (SUNcDAY SALES PER-
nue MIT).
Robert Kart, 35 LocUlSlt Street Dul:Juque Gold & Country C I u b,
Joil. P. Page, 200 Main Street Randall P<oce
FL<eher & lCompany, Inc., 880 Ln. Leona R. Friedman, 6ro East 16th
cost Street Street
Fi5cher & Company, Inc., 880 La- John F. Hall, æl6 Windsor Avenue
cust Street Mdce IDrncl1en, 2617 Univeœity A'Ve.
Ri'Verside Bow'!, Inc., 1860 Haw- nue
thorne Street RoIlert Kart, 35 Locust Street
Riverside Bowl, Inc., 1880 Ha,w- John p. Page, 200 M..in Street
Ihorne Street F>seber & 'Company, Inc., 880 Ln.
Arthur W. Pins, - J. F. Ken- cust Street
nedy .Road Fischer & Company, 1Ðe., 880 La-
Pete Sfikas, 401-405 Cen~al A'Venue cust street
J"mes Kachev.a,s, 665 Dodge Street Riverside Rowl, Inc., 1860 Haw.
D.B.Q. 1Ðe., 4!tI1 & Locœt Street thorne Street
J.F.K. Fast Foods, Inc., 2075 J. lU'VerSoide Bowl, Inc., 1860 Haw-
F. Kennedy Road thorne Street
NeJsoo M. Norwood, Bunker mil Arthur W. Pins, - J. F. Ken.
Golif CoUl'Se nedy Road
374
.'if ..,
Special Session, June 29, 1973
375
Pete Sfikas, 4Ql-4Q5 Central Avenue
James Kaeheva.s, 6115 Dodge Street
D. B. Q. Inc., ~ & Loeust Street
J. F. K. F~ FOOds, Inc., 2075
J. F. Kennedy Road
Neison M. Norwood, Bunker Hill
Golf Couroe
Dubuque Motor Hotels, Inc., lil1l1
Dodge Street
Dulbuque Motor Hotels, Inc., l1l1i
Dodge Street
Passed, ~ and apProved
tbis 29th day of June, 1973.
Wayne A. Moldenhauer
Presiding 08ficer Pro
Tern
Walter A. .Pregler
AMon T. Thoms
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommeit
City Clerk
Coun"iwan P""gder movedadop-
tion of the resolution. Seoonded
by 'Councilman Thoms. Carried by
lJbe following vote:
Y~Presiding 0Bßeer Pro Tem
Moldenhauer, Councilmen Jus t -
mann, Pregler, Thoms.
Nays-None.
Absent-Mayor Bitter.
ORDINANCE NO. 35.73
An ordinance fixing and establish.
ing fines for perking violations and
providing for administrative col.
lection thereof,
presented and read.
CouncÎllman Preg.ler moved that
the reading jUlSlt had be conSiidered
the first reading of the Ordinance
Seoonded by Presiding Officer Pro
Tm Moldenhauer. Carried by tbe
following vote :
Yeas-Presiding OJIt'icer Pro Tern I
Moldenhauer, CouncÎilmen JIISIt-
maUD, Pregler, Thoms.
NaYs-,None.
AJbsent-Mayor Bitter.
Councilman Pregler moved that
the rule requiring an O~'ance
to be read on three separate days
be waived. Seconded by Presiding
OJ!fiœr Pro Tern Moldenl1auer,
Councilmen Just""""", P.. egler,
Thoms.
Nays-None.
Ab.<¡eDJt-,Ma\yor Bitter.
ORDINANCE NO. 35.73
AN OlIDlNåNOE FIXING MID
ESTABLISHING FINES FOR
PMKlNG VIOLATIONS AND
piROVIDlNG FOR AnMINISTRA- I
TIVE COLLEiC'I1IDN ~F
NiOW 'I1IJiERiEiFOJIiE BE IT OR-
c!MiIN~ BY THE CITY COUNCIL
OF mE CITY OF DUBUQUE,
roWe<\.:
Section 1. The owner or_tor
of any vehicle who &ball œeei'Ve
notice, either perSOnally or by the
attaching of sue.b noliee to said
vehicle tbat said vehicle is parked
in sue ¡ mauner, in sueh a plaee
or fur suœ a time as to violate
<be Pro""'ions of 1ms ordinance
relating to the parkmg ofvelrlctes
and relai!:ing to lJbe provioions of
Ordinance No. Sß-49 known as the
"Trar1lfie Code of tbe City of Du-
buque, Iowa" relating to /he park.
ing 01. velúedes may, within ....
vooty-two hours from the t i m e
when sue ¡ notice is served Upon
II<m or attaci>ed to such vehicle,
pay to .the City Treasurer as a
pen.aity fur sucl1 'Violation the ful-
lowing sum:
Overtime perking, Double perk.
ing, Illegal olley perking and any
other standing or parking violation
If paid within seventy-two bo-
from the time 01. violai!:ion as in.
dicated on tbe notice, such fine
sbaJa be tbe sum of ................$1.00
]jf not paid 'WÌ'tbiD sevenity-t w 0
hours such fine slhal.! be tbe sum
of ,......--....................................$:/.60
Street Storage
;f paid within seventy-two ho-
from time of vioi.ation as indicat-
ed on, tile notice suœ fine sha1iI
be tile sum of ..........................$:1.00
If no< paid Wlitlrin sevooty-t w 0
!lours such mne shall be the sum
of .................,............................,.......$3.60
Parking In private lots
If paid within seventy-two ho-
from time of violation as indicat-
ed On 1Ihe no1iœ sueI1 fine shall
be the sum of ._...................$5.00
Parking in interference with
snow or Ice removal
If paid witlhin seveDJty-two ho11<S
from the time of viola.t!on as in-
dicated in tbe notice such fine
.will be in tile sum 01. ..........$:!.60
]f not PsÏd within seventy-t w 0
hours lJben sue.b fine mall be in
the sum of ..................................$5.00
PaymeDJt of ,tI1e aiJove pelliality, or
fine, lQ>On being malled .to the
City Treasurer shall be deemed
paid as of the time of -tmart
on the en.'Velope tIlereof.
Section 2. Parking vIolations-
Posting Bond to Appear In' Court
Any person receiving such D<>Ike
Special Session, June 29, 1973
of .vimation and deemång biimsellf Nays-None.
not guilty ofsueh <lHense, or de- Absent-Mayor Bitter.
siring to "wear and defend agaiœt There being no further buàness
the same, shall Within twenty-lour .Councilman Pregler moved to ad-
,period ap,peail' at the Po!i.ce De- journ. Seconded by Presiding Of-
partment and pronùse to appoor flcer Pro Tem Moldenhauer. Car-
in the Distl'Iicl Court of Dubuque ried by the fuHo<wing vote:
County, IQIW.a fur trail. Presiding omreer PrO Tem Mai-
Section 3. The provisions hereof denhauer, Councilmen Justmann,
sball not in any manner affect Pregler, TiIoms.
the penalty, provisions of any otIh- Na.ys-None.
er OrdinaMe, or part of Oroinanee. AbseI>t--Mayor Bitter.
reaiting to the pamng of vel1icl.. Leo F. Frommelt
upon the streets, aJVenues, alleys Còty Clerk
or public places, within the City
of Dubuque, Iowa' but sbaI1 be I
cumwilltiwe of all otIher ordinances Approved .................................. 19'13
on the sUlbject and fur the pur-
pose of providmg a more can'Ve-
~:ndlint . and eeohn~~~ method of \ Adopted .................................... 19'13
""n .g suc VIO'~Ons.
Section 4. Perking violations-
The ,:;,~~-o:ctl.:r;,::,r~art- ............................,...............................
ment, Da,ta Processing, Traffic En-
gineer, and City T<ea,surer are
hereby ærected .to foro1u!a1te the I ............................................................
neeessa.-y OIfifice .and inter-<Jlßtice
procedures to carry initio effect the
provisions of this Ordinance. I ............................................................
Section 5. Tbat all ordinances,
or pa<!ts of ordinances, in colllfliet
~-:::" h:"eb~ :,:=: of sueb I ............................................................
Section 6. That this Ordinance
;a~~~~ =:ale~::;~=: I """"""""""c~~~iï;;;~~"""""""""
tion as by 1- provided.
pássed, ap¡proved and aOOpted
this 2Ðth :i~.:~~::=~e:ro \ Attest: """""""c¡iY"ëi~k""""""""
Tern
Walter A. Preg!.er
Ailan T. Thoms
C. RoiJert Jus.tmann
Councilmen
ATTEST:
Leo F. Frommelt
Oit}' Olerk
Published ofiIi.cially in The Tele.
gtOl'b-Her.ald newo¡paper 1bis 2nd
day of July, 1973.
Leo F. FrommeR
Oit}' Clerk
tt. H
Councilman pregier moved final
adotPtion of the Ordinance. Second-
ed by Presiding Officer Pro Tern
Moldenhauer. Carried b¥ the foI.-
Jawing vote:
presiding OØiieer Pro Tem Mai.
denhauer, Councilmen J""tmann,
Pregler, TbOms.
376
Regu]ar Session, Jwy 2, 1973
377
CITY COUNCIL
OFFICIAL
Reouler..,.sion" July 2; 1973.
Council met at 7:30 P.M. (C.D.
T.)
Present - Mayor Bitter, Coun.
cilmen Justmann, Moldenhauer,
Pregler, Thoms. City Manager Gil-
bert D. Chavenelle.
Mayor Bötter read ,the ,calIa and
stated that service thereof h a.d
been dldy made .and IJbiis ;. ene
regular mooting of Ule Oity Council
fur the purpose of .8CIt1ing wpan
"""" bUS1Ù1ess a,s may ¡>roperty
come before fue meeting.
Comm""¡¡'ation of Human .Rights
Oommi.ssion ""bm>tting minuiles of
theÏir meeting held on June 14,
1973, preselli!ed fur tthe record.
Councilman Pregler moved tbt
the minutes ,be reœLved and filed.
Seoonded by Councillman Thoms.
Carried by tthe roUowJŒ¡g 'Vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregier,
Thoms.
Nays-None.
Communication of L<>w 'R e n t
Housing Commission snhmitting
minutes of tbeir meeting of June
26, 1973, presented and read. Coon-
ciJman Pregler moved Ulat the
communie...tion be received a.nd
JIiIed. Seconded !by Couneillman
Thoms. Carried !by the following
vote:
Yeas~M"yor Bimter, Councilmen
JIlstmæm, MOIldenl1auer, Preg¡ler,
Thoms.
Na.ys-None.
June :!1, 1973
1'0 Ule Honora/j],e Mayor
and Còty Council
I ha"e made iIJbe fullowiDg ap-
pointment.<; to Ithe Board of Hea,t-
ing, Ventllaöon, Air Conditioning
and Refriger,.tlion. The appoint-
me. are fur a ,three year period
dadJing from March 16, 1973.
Mr. Frank J. SClbwartz appointed
for a tJiirst term, Mr. Adrian C.
SWitftappointed for ... second term.
I request your eo~ma.tion of
these appointmODlts.
Gilbert D. ObaveneNe
OityMana,ger
Councitman JuSitmann mo'Ved af-
firmation of ,the appointments. Be-
conded by Councilman M<>kIeaIhau.
er. Carried !by iIJbe following vote:
Yeas---Mayor Bitter, <Jouneilmen
Justmaun, Moldenhauer, Pregler,
Tbo ms .
Nays-None.
JUne 28, J973
Totb>e Hono."ble Mayor and
Members of the CiJty Counciil
PIlease beadvWed tha,t I hawe
approved ,the foIllowing' sidewalk
ConStruc.tiOD bond and desirefu
ha'Ve your filing approval on same.
William LuGrain, Wes,tern Sure.
,ty Company, Bond 111'0.547885'7, IÞ
8-73.
GüIbert D. Oba'VenEIMe
OityManager
CounciIm8Øl Preg¡ler môved JIiIini¡
I. approval' 'SiUJbject to . approval or
the Oity Attorney. Seoorlded ~
Couneilman Mold.enbauer. Carried
,by tbe fo¡¡[o.wng "Cite:
Yeas---¥ayor Bitter, Councilmen
Jootmann,MoldeaIhauer, Pregier,
TIloms.
Nays-None.
June :!1, 1973
To ,the Honorable M!ayor
and Oity Council
I reqUß$t perm"",ion to attend
.the annual C<JI1Iferenee of fue in-
ternational City iMan"gement AB-
sooiaöon and two day confer""""
on Organiza,tion Development.
The meetings ,will be held Bel>-
.temiber :!1 tJbrough ~mber ZI
in BosIton.
Gj,¡bert D. Cba'Veneile
Còty Manager
Councilm8ØlPregler moved ap-
proval of fue request. Seoonded
by Councilman Moldenhauer. Car-
ried by fue foIaowing vote:
Yeas-Ma,yor Bi1Jter, Councilmen
Justmann, Moldenhauer, Pregl.,.,
Thoms.
Nays~None.
June ZI, 1973
To .the lfonoraMe Mayor
and City Council
Mr. Whtoo has arranged fur Jo-
seph Obr of tIhe Iowa State De-
partmeDJt of Environmental Qual\ty
to attend council meeting July 2nd
and ŒseUSISwi!t:h you the sewage
plant program.
Mr. White has aJiso requested
that Mr. OmbfUDlÎ and Mr. Dague
of H D & R be present.
Gilbert D.Oba'venelle
City Mmager