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1973 February Council Proceedings Regular Session, February 5, 1973 69 ~~------- CITY COUNCil (OI'FICIAL) Regular Session, February 5, 1973. No members of the City Council Being present the meeting was ad. journed subject to call. Leo F. Frommelt City Clerk Approved .................................. 1973 A\Iopied .................................... 1973 ......................................................... .......................................................... ......................................................... .......................................................... COuncilmen Mlest; """"""""'ëiïrÇi~;~""""""" 72 ing Funds to our Low-Rent Hous- ing COmmission. MOTION DIED FOR LACK OF A SECOND. COUncilman Moldenhauer moved that we ask !be Low.Rent Hous- ing COmmission to report to us on what they could do if we as a City COuncil designated $200,000 of our Revenue Sharing Funds to them to be used for direct rent subsidy and or our own Section 23 program. Seconded by Mayor Bitter. Carried by the following vote: Yea&-Mayor Bit'ter, COuncilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Commuoicalion of Jean E. Peter- son suggesting that possibly two areas in the City be considered for increasing the speed limit from 25 to 30 M.P.H. namely on Kauf- mann Avenue from Kane to Car- ter and on Asbury Road west from about Ifillcrest Road to the Clty Limits, presented and read. Ma. yor Bitter moved that the com- muoicalion be referred to !be City Manager and Traffic Department. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Commuoication of Dr. Thomas O. Nesler relative to !be We s t Tenth Street improvement pro- gram, which has had a long series of delays and postponements, as he is suffering loss of professional and rental income, presented and read. In light of the latest de- velopment of the Topics program and approval of the State received today Mayor Bitter moved that the commuoicatlon be received and filed. Seconded by Counel1man Pregler. Carried by !be following vote: Yeas-Mayor Bitter, CouncUmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Adjourned Regular Session, February 6, 1973 as Parcel 9 of Block 8 of the Downtown Urban Renewal Project, Iowa R-15, to Ecumenical Housing, Inc.; and WHEREAS, pursuant to said re- solution a copy of !be Redevelop- er's Statement for Public Disclo- sure and a copy of the proposed form of Contract for Sale of Land for Private Redevelopment was placed on file in the office of the City Clerk for public inspection; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral and written, to the proposal to dispose of said interest of the City of Dubuque in the above described real es- tate to Ecumenical Housing, Inc.; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized to enter into a Contract for Sale of Land for Private Re- development in accordance with the terms of the Disposition Do- cuments governing such sale with Ecumenical Housing, Inc. for the real estate known as Lot A and Lot 2 of Block 16 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, containing 12,811.31 square feet, subject to survey. Section 2. That said parcel of real estate shall be sold for $4.09 per square foot for a total price of $52,398.28 subject to final sur- vey of the land to be conveyed. Passed, approved and adopted this 6th day of February, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Councilmen Attest: Leo F. Frommelt CIty Cterk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, COuncilmen Justmann, Pregler, Thoms. Nays-Councilman Moldenhauer. Councilman Moldenhauer moved to designate $200,000 Revenue Shar- January 30, 1973 To the Honorable Mayor and Clty Council A request has been received for additional street lighting at the Adjourned Regular Session, February 6, 1973 73 intersection of Balke and Strauss Streets. The area has been investigated by the eleetrical inspector and it is recommended that a 4000 lumen incandescent fixture be installed on a new wood pole at the north- east corner of Balte and Strauss. Gilbert D. ChavencUe City Manager Mayor Bitter moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Jusimann, Moldenhauer, Pregler, Thoms. Nays-None. January 29, 1973 Honorable Mayor and City Council At one of your past meetings, you directed the City Attorney to commuoi.ate with the City-county Authority with a view of regain- ing some CIty contributed funds. This is to advise that I am ad- vised by the City Manager that he has received a cbeck in the amount of $12,500.00 from the City- County Authority and this dischar- ges your directive to this writer in this Instance. R.N. Russo CIty Attorney Mayor Bitter moved that the i commuoicatlon be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. January 31, 1973 To the Honorable Mayor and Members of the CIty Council In accordance with the provi- sions of Chapter 365 of the 1971 Code of Iowa the CIvil Service Commission condncted entran.e examinations on November 15, 1972 for appointments to the FIRE De- partment. The following named applicants have passed both the written and physical examinations and are hereby eertified for appointment. Vrotsos, John A. . ~ .. 96% Crimmins, Michael A. .. . ~ 83% Gerard B. Noonan Chairman Marvin A. VanSickle Louis F. Fautsch Commissioners Attest: Leo F. Frommelt CIty Clerk Subscribed and sworn to before me this 1st day of February 1973. Eugene J. Berens Notary Public Mayor Bitter moved that the commuoicatlon be received and made a matter of record. Second. ed by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, COuncilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. January 31, 1973. To the Honorable Mayor and Members of the CIty COUncil. In accordance with the provisions of Chapter 365 of the 1971 Code of Iowa the Civil Service COmmis- sion conducted entrance examina- tions on November 15, 1972 for appointments to the POLICE De- Partment. The following named applicants have passed both the written and physical examinations and are hereby certified for appointment. Stanislawski, John S. 83% Zajicek, Kenneth J. 74% Rogers, Gerald W. .. . ~ 71% Gerard B. Noonan Chairman Marvin A. VanSickle Louis F. Fautsch Commissioners Attest: Leo F. Frommelt Clerk. Subscribed and sworn to before me this 1st day of February 1973. Eugene 1. Berens Notary Public Mayor Bitter moved that the communication be received and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. conduct a phone telethon during the month of March to raise money to replace worn out uniforms, hats, and instruments, presented and read. Councilman 14 0 I deubauer moved approval of the petition and same be referred to the Manager for implementation. Seconded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Jusimann, Moldenhauer, Pregler, Tboms. Nays-None. Petition of Fondell & Sons Inc. requesting permission to excavate at 2034 and 2038 Central Ave. to shut off water for buildings that have been demolished, presented and read. Councilman Moldenhauer moved approval of the petition sub- ject to approval of the Engineering Department. Seconded by Council~ man Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Mrs. Thomas J. Sutter et al (forward from meeting of January 2nd) being in favor of maintaining and making necessary alterations to the CIty Hall at its present location, presented and read. Councilman 14 0 I denhauer moved that the petition be referred to the Council. Seconded by Mayor Bitter. Carried by the follOwing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Dubuque Federation of Labor request!ug to be advised whenever vacancies occur on the various Boards and Commissions, presented and read. Councilman Pregler moved that the petition be received and filed and the Clerk be instructed to mail a list of the various Boards and COmmis- sion to the Federation. Seconded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Cyril J. Fries re- qUesting a refund of $25. on the 74 Adjourned Regular Se>sion, February 6, 1973 Notice of Claim of Joyce J. Hea- I Iy, in an undetermined amount, for personal injuries received in a fall on a defective sidewalk in front of Clarke College on ?, pre. sented and read, Mayor Bitter moved that the notice of claim be referred to the City Attorney for proper action. Seconded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Notice of claim of Robert D~ Wittman, in the amount of $1143. for damage and expense incurred as the result of a sewer back-up at 833 W. Locust St. on August 2, 1972, presented and read. Mayor Bitter moved that the claim b' referred to the City Attorney for proper action. Seconded by COun- cilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Notice of Claim of Gene C. Par- ker, in the amount of $90.20, for property damage incurred as the result of a backed-up sanitary se~ wer at his home at 1220 Rosedale Ave. on December 18, 1972, pre sented and read. Mayor Bit ter moved that the notice of claim be referred to the City Attorney for proper action. Seconded b Y Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of V. F. W. Post No. 9683 request!ug permission to con- duct Buddy Poppy Day Sales on May 18th and 18th, presented and read. Councilman Mol denhauer moved that the petition be granted and referred to the Manager for implementation. Seconded by Coun~ cilmen Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Thoms. Nays-None. Petition of Colt .45 Drum & Bugle Corps requesting permission to Adjourned Regular Session, February 6, 1973 unexpired Portion of cigarette li- cense No. 84 as he has discontinued business on 2-1-73, presented and read. Councilman Pregler moved approval of the refund and the Auditor be directed to issue proper warrant. Seconded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, CoUl\cilmen Justmann, 'Moldenhauer, Pregler, Thoms. Nays-None. , Petition of Mississippi Vall e y Milk Producers Ass'n., request!ug a iefund of $25. on the unexpired portion of cigarette license No. 255 as they have discontinued bus- iness on 2-1-73, presented'and read, CouncilDlm Pregler moved appro- val of the refondand the Auditor be directed to issue proper war- rant. Seconded" by Council men Justmann. Carried by,the following vote: , '.. Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer" Pregler, Thoms. 'Nays'-None. Resolution proposing .the appoint- ment of a Citizen's Freeway Study Committee consisting of nine mem- bers, IIIOre or .less, (brought for- ward from' the meeting of De- cember 18, 1972) presented and read. Councilman Thoms moved that the proposed resolution be re- ferred to' the City' Solicitor and City Planner for a report back to the Council for the' lIIeeting scheduled for February 19th. Se~ conded by Councilman Pregler. Ca- rried by'the following vote: Yeas '- Councilmen Jnstmann, Pregler, Thoms. NaYS-Mayor Bitter, Councilman Moldenhauer. RESOLUTION NO. 35.73 , WHER, EAS, applications for Beer I permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and permits issued upon the compliance with the terms of the ordinances of the City. CLASS "c" BEER PERMIT Thompson's Food Markets, Inc. I Mayor Bitter moved adoption of 2119 Rhomberg Avenue. the resolution. Seconded by Conn- 75 Passed, adopted and approved this 6th day of February, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by Coun- cilmen Pregler. Carried by ihe fol- lowing vote:, ~ " Yeas-Mayor Bitter, COuncilmen Justmann, MOldenhauer, Pregler¡ Thoms. Nays-None. RESOLUTION ',NO,: 36-~ wHEREAS, applications for Beer PeÌ'lnits were ~ filed by , tDewithin näme"'¡ppÌicanìs ånd ilieY have rece,ived the approval of tþis, Conn- cil;ïlIld' ~, WHEREAS, the prelllises ,to 'be occupied by such applicants Were inspected and found to cgmply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by ,the City Council of the City' of Dubuque, towa, that the Manager be authorized to cause to be issued to the following named applicants, a Beer permit. CLASS "c" BEER ,PERMIT Thompson's Food Markets, Inc. 2119 Rhomberg Avenúe. ,BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approvéd. Passed, adopted and approved this 6th day of February, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk 76 Adjourned Regular Session, Febmary 6, 1973 cilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, COuncilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 37.73 WHEREAS, applications for Li- quor \icenSe ltave been submit- ted to tbis CouOOiI for appl'Oval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the CIty Counell of the CIty of Dubuque, Iowa, that the foDowing applications be grant- ed and licenses issued upon tile ""mpllanee with the terms of the IOWA LIQUOR CONTROL ACf- CHAPTER 131-as amended bY tile 64th General Assembly, 1t71. CLASS "C" (COMMERCIAL) BEER LIQUOR LICENSE JoIIII R. Hirsch, 206 West ard Street William P. Fransen, 1900 Washing- ton StreeL Gerald C. Kirchberg, 3203 Jack.... Street. Passed, adopted and approved this 6th day of February, 1973. Joseph J. Bitter Mayor Walter A. Pregler AJla¡ T. Thoms Wayne A. Moldenhauer C. Robert Justmann COuncilmen Attest: Leo F. Frommelt CIty Clerk Mayor Bitter moved adoption of the resolution. Seconded by COun- cilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, COUncilmen Justmann, Moldenhauer, Pregler, TItom.. Nays-None. RESOLUTION NO. 38-73 WHEREAS, applications for Li- quor licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinan- ces relevant thereto BUd they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED bY the CIty Council of !be CIty of Dubuque, Iowa, that !be Manager be auihori2ed to cause to be issued to the following named applicants a Beer LIquor Ii_. CLASS "c" (COMMERCIAL) BEER LIQUOR LICENSE John R. Hirsch, 206 West 3rd Street William P. Fransen, 1900 Washing- ton Street. Gerald C. Kirchberg, 3203 Jackson Street. Passed, adopted BUd approved this 6th day of February, 19'13. Joseph J. Bitter Mayor Walter A. Preg\eI' Allaa T. TItoms Wayne A. JlokJellhauer C. Robert Justmaan CouDciImeII Attest: Leo F. Frommelt CIty C1erk Mayor Bitter moved adoption of the resolution. Seconded by Coun- cilmaa Pregler. Carried bY the following vote: Yeas-Mayor Bitter. Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-Nooe. Commuoication of the Health and Engineering Departments, submit. tiug an official DOtice of a hearing to be held in Ames on February 7, 19'13 pertaining to !be estab1ish- ment of regu1ations to collirol odors, the public availibiIity of emissions data and the maintenance and re- porting of emissions information, presented and read. Councilman Pregler moved that the Commuoi- cation be received and filed and that the Health Departmeut and Engineering Departmeut be repre- sented at the meetiug in Ame.. Seconded by Councilmau Molden. hauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. There being no forther business COuncilman Pregler moved to ad- Adjourned Regu}ar Session, February 6, 1973 journ. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, COUncilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Leo F. Frommelt CIty Clerk Approved 1973 Adopted 1973 Counciimen Attest: CIty Clerk , 77 78 Special Session, February 12, 1973 CITY COUNCIL OFFICIAL Specill session, February 12, 1973. , Council met It 7:30 P.M. (C.S.T.) ¡ Prosent-ayor Bitter, Council- men Justmann, Moldenhauer, Pregler, Thoms. City Manager Gil- bert D. ChaveneUe. Mayor Bitter read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sicaring approval of In option agreement to purchase property in River Front Subdivision No.3, by Thermolyne Corporation and acting upon such other business as may properly come before a regular meeting of the Council. Notice of Expiration of right of redemption from tax sale on Lot 337 and the S'h of Lot 386 in East Dubuque No.2 Addu. (Goet- zinger property at E. 14th Street), presented and read. Mayor Bitter moved that the notice be referred to the City Solicitor for investiga- tion and report. Seconded by COun- cilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Minutes of the Planniog Zoning Commission meetings of January 17, 1973 and February 2, 1973, pre- sented for the record. Councilman Justmann moved that the minutes be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. February 8, 1973 To the Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 365 of the 1971 Code of Iowa the Civil Service COm- mission conducted entrance exami- nations on November 15, 1972 for appointments to the Police Depart- ment. The following named applicant has passed both the written and physical examinations and is here- by certified for appointment. Callahan, Thomas E. ~ 831' Gerard B. Noonan Chairman Marvin A. VanSickle Louis F. Fautsch CIvil Service COmmis- sion Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 8th dsy of February, 1973. Eugene J. Berens Notary Public Councilman Pregler moved that the commuoicatlon be received and made a matter of record. Second- ed by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Printed COuncil proceedings for the months of November and De- cember 1972, presented for appro- val. Mayor Bitter moved that the Council proceedings for the months of November and December 1972 be approved as printed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Commuoicatlon of the T ask Force Committee, by Paul Fischer Chairman, submitting a revised version of the "Handbook" and recommending that the Council specify the number of signers in Section 1-C-3; that it become a guideline for Police in given areas; and that the Manager be directed to develop a grievance procedure for all employees, presented and read. Councilman Justmann moved that the number of six be inserted in Section 1-C-3 and the recom- mendation of the Task Force COm- mittee be approved. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Special Session, F<bruary 12, 1973 79 Commuoicatlon of Catholic Mo- partment's flushing the main se- thers Study. Clubs of Dubuque wer at said time and place. again submitting various a r g u- This matter was referred to the ments against th.e merger of the appropriate City Agency, who, on Park & Recre~lion Systems and February 5, 1973, advised the City requesting to disregard the argu. Attorney that said claim had been ments that systems are merging amicably disposed of. in so~e cities, presented and read. Accordingly, it is the recommen- Councilman . Pr~gler mo,:ed that dation of the City Attorney that the commUnIcation be receIved an~ said claim be denied, and original filed. and referred to the Council claim is returned herewith. meeting scheduled for March 19th. Seconded by Councilman Jus t- R: N. Russo manu. Carried by the following City Attorney vote: Mayor Bitter moved approval of Yeas-Mayor Bitter Councilmen the recommendation. Seconded by Justmann, Moldenha~er, Pregler, Councilm~n Pregler. Carried by Thoms. the folloWIng vote: Nays-None. Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, February 9, 1973 Thoms. Nays-None. Hon. Mayor and City Council On January 9, 1973, Haury F. Baal of 1913 Rhomberg Avenue, Hon. ~ayor . this city, filed claim against the and CIty Council City of Dubuque claiming damages On January 30, 1973, Robert D. in the amount of $161.00 allegedly Wittman of 833 West Locust, filed caused to his basement as the claim against the City of Dubuque result of a sewer backup on Jan- in the amount of $1143.00 alleg- uary 3, 1973. ing said damages occurred to the This matter was referred to the basement of his home and con- appropriate City Agency, who, on tents thereof on August 2, 1972 February 5, 1973, advised the CIty as the result of a sewer back Attorney that said claim had been up. amicabley disposed of. This matter was referred to the Accordingly, it is the recommen- appropriate ~ty Agency, who ad- dation of the City Attorney that vIsed the City Attorney on Feb- said claim be denied, and original ruary 6, 1973 of no liability on claim is returned herewith. the ¡>art of the City of Dubuque, R. N. Russo and m view of the foregoing it City Attorney is the recommendation of the City Attorney that said claim be de- Mayor Bitter moved approval of nied. the recommendation. Secon~ed by Original claim is returned here- Councilma.n Pregler. Camed by with. the folloWIng vote.:. R. N. Russo Yeas-Mayor BItter, Councilmen City Attorney ~~~:s~' Moldenhauer, Pregler, Mayor Bitter m.oved approval of Nays-None. the re.commendalion. Seconded by Councllman Pregler. Carried by February 9, 1973 the following vote: Honorable Mayor Yeas-Mayor Bitter, Councilmen and CIty Council Justmann, Moldenhauer, Pregler, On January U, 1973, Paul Bue- Th~:;';"'NO chele of 1919 Rhomberg Avenue, ne. this city, filed claim against the City of Dubuque in an unstated amount claiming damages which occurred on January 3, 1973 and alleging said damages were the result of water entering his base- ment due to the City Street De- February 9, 1973 Notice of Claim of G. G. David- saver, in an undetermined amount, for personal injuries received in a fall on an ice covered side. walk at 532 W. 17th Street on January 4, 1973, presented and read. Mayor Bitter moved that the Mr. Wm. C. Sweeney Business agent for the Operatiug Engineers stated that they have no working agreement with the City and are dissatisfied !be way they h a v e been treated in trying to negotiate. Councilman Pregler moved that the CIty Manager be instructed through his staH to set up a work session with operating Engineers. MOTION DIED FOR LACK OF A SECOND. Councilman Thoms moved that the matter be referred to the Council. Seconded by Councilman Justmann. Vote on the motion was as follows: Yeas - Councilmen Justmann, Tboms. Nays - Mayor Bitter, COuncil- men Moldenhauer, Pregler. MOTION FAILED. Councilman Pregler moved to re- fer the matter to the meeting of February 26th. Seconded by Coun- cilman Justmann. Carried by the following vote: Yeas - Councilmen Justmann, Pregler, Thoms. Nays - Mayor Bitter, COUncil- man Moldenhauer. Petition of Eugene Siegert by Attorney Alfred E. Hughes, reo questing rezoning of Lot 1 of 2 of2ofloflof1of1and Lot20f2of10f10f10f 1 in Chaney Place, located at 2615 Ifillcrest Road from its present Single Family Classification to Multiple classification and that the request be referred to the Plan- ning & Zoning Commission, pre- sented and read. Mayor Bitter mo- ved that the petition be referred to the Planning '" Zoning COm- mission. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to dispose of interest in Lot 1 of Block 12, Block IS and Lot 1 of Block 14 in RIver- front Sub. No. S providiug for a two year option with Thermolyne COrporation, presented and read. No written objections were receiv- ed and no oral objectors were pre- sent In the CoUJJeil Chamber at 80 Special Session, Febru\lry l2., 1973 notice of claim be referred to the City Solicitor for proper action. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldeubauer, Pregler, Thoms. Nays-None. Petition of Dubuque Ass'n of the Btind requesting a cbange of dates from February and March to March and April to conduct a can- dy sale, presented and read. Coun. cilman Pregler moved that the change be granted and referred to the Manager for implementa- tion. Seconded by Councilman Just- mann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Ray G. Miehe et al (5 signers) requesting City sewer to service their properties located on Bies '" Kebbie Drives, present- ed and read. Councilman Pregler moved that the petition be referred to the CIty Manager and staH. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Discussiou arose as to appoint- ment of Mayor, Mayor Pro Tem, succession in case of emergency etc. Councilman Pregler moved that the matter be referred to the City Solicitor. Seconded by Ma- yor Bitter. Carried by the follow. ing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of International Union of Operating Engineers requesting an opportuoity to meet with the COuncil as they feel as of now they do not have a working agree- ment with the City. Councilman Pregler moved that !be rules be suspended in order to let anyone present address !be Council if they so desire. Seconded by Mayor Bit- ter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Special Session, February 12, 1973 81 the time set for the public hear- ing. Mr. Donald Toom, a local realtor, spoke in favor of the op- tion. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Mayor Bitter. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 39.13 WHEREAS, pursuant to Resolu- tiou of published notice of time and place of hearing published in the Telegraph-Herald, a newspa- per of general circulation published in the City of Dubuque, Iowa on January 18, 1973 and January 26, 1975, City Council of CIty of Du- buque, Iowa, met on the 12th day of February, 1973 at 7:30 o'clock P.M. (Central Standard Time) in the City Council Chamber, City I Hall, Dubuque, Iowa to consider the proposal of entering into an option agreement between the City of Dubuque, Iowa and the Ther- molyoe COrporation covering Lot 1 of Block 12, Block IS, and Lot 1 of Block 14 in River Front Sub- division No. S in the City of Du- buque, Iowa containing 7.206 acres more or less; and WHEREAS, City Council of Du- buque, Iowa overruled any and all objections, oral or written to !be proposal to dispose of interest of City of Dubuque, Iowa, in the above real estate to the Thermol- vue COrporation: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposal of entering into an option agreement between the CIty of Dubuque, Iowa and the Thermolyne Corporation <overing the following described real estate, to-wit: Lot 1 of Block 12, Block IS, and Lot 1 of Block 14 in "River Front Subdivision No. S" in the City of Dubuque, Iowa which provides for an option for a two year period at $275.00 per acre, pay<lble in advance and selling price of the real estate shall be $5,000.00 per acre and option payments shall not be deem. ed nor be applied upon purchase price; be and the same is hereby approved. In the event said option is exer- cised by the Thermolyne COrpor- ation, it agrees to commence con- struction of a plant within one year of delivery of deed and fur- ther agrees to complete such con- struction within two years of de- livery of deed. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said Option, Agreement, copy of which is hereio attached, marked Exhibit "A", and by reference made a part hereto. Section 3. That the City Clerk be and be is bereby ordered to file a certified copy of this Re- solution together with Exhibit "A" hereto attacbed in the office of the Dubuque COUnty Recorder. Passed, approved and adopted this 12th day of February, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by COun- cilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. OPTION AGREEMENT FOR AND IN CONSIDERATION OF One Thousand N'me Hundred Eighty One and 65-100 Dollars ($1,981.65) Dollars and other good and valusble consideration, the re- ceipt and sufficiency of which is hereby acknowledged by CITY OF DUBUQUE, IOWA (hereinafter re- ferred to and called "Optionor") hereby grants unto THERMOLY- NE CORPORATION of Dubuque, Iowa (bereinafter referred to and called "Optionee") an option to purchase the following described real estate, to-wit: Lot 1 of Block 12, Block 13, and Lot 1 of Block 14, in "River across the property hereinabove described as railroad easement which easement area is shaded in green on the attached plat and contains approximately .3377 acres, said plat being dated January 31, 1969 and prepared by Cullen-8cbiltz & Associates, Inc. 9. In the event "Optionee' de- sires to exercise said option the "Optionee" shall do same by giving the "Optionor" written notice of its intention to exercise said op- tion at least ninety (90) days prior to the expiration of said option, or any extension thereof. Dated at Dubuque, Iowa, this 12th day of Februray, 1973. CITY OF DUBUQUE, IO- WA BY: Joseph J. Bitter Mayor 82 Special Session, February 12, 1973 Front Subdivision No.3" in the City of Dubuque, Iowa upon the following terms and con- ditions, to-wit: 1. That the selling price of said real estate shall be Five Thousand ($5,000.00) Dollars per acre or a total purchase price of $36,030.00 Dollars and that the option pay- ments shall not be deemed nor be applied upon the purchase price. 2. That the term of this option shall be for a two (2) year period and the "Optionor" reserves the right to not renew said option by giving ninety (90) days prior writ- ten notice to the expiration of said original term of said option and such cancellation or refusal to ex- tend the option shall be made by "Optionor" to the "Optionee" in writing. The "Optionor" may ex- tend said option for an additional two (2) year period. 3. That the consideration for this option shall be the sum of Two Hundred Seventy.five ($275.00) Dol- lars per acre per year payable annually in advance. 4. That in the event the said option is exercised by the "Op- tionee" the "Optionee" agrees to commence construction of a plant within one (I) year of dellvery of deed and further agrees to com- plete such construction within two (2) years of delivery of deed. 5. That the construction of said improvements shall conform to all City Codes and Ordinances. 6. In the event of exercise of said option, the "Optionor" shall convey said premises by Quit Claim Deed subject to existing easements, for sewer, water and all utilities and the "Optionor" re- serves an easement for the location and maintenance of such utilities, together with the right of ingress therein and egress therefrom for the purpose of repair and main- tenance thereof. 7. The "Optionor" reserves an easement over Lot 1 of Block 14 Riverfront Subdivision No.3 for possible extension of sanitary se- wer, storm sewer and water main and said easement shall be for fifty (50') feet as construction ease- ment and for twenty (20') feet as utilities easement. 8. That said "Optionor" reserves an easement in, over, on and OPTIONOR 'l'HERMOLYNE CORP- ORATION By: Burton S. Payoe Jr. President By: Walter H. Johnson Vice President OPTIONEE Attest: Leo F. Frommelt CIty Clerk RESOLUTION NO- 40.73 NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Manager be and he hereby authorized and directed to execute an agreement amend- ment dated January 25, 1973 with lllinois Central Gulf Railroad COm- pany, a copy of which is attached, respec!iug the substitution of 30 inch diameter steel pipe for 30 inch concrete pipe casing, all in connection with railroad crossing easements of the Center Grove Val- ley Interceptor Sanitary Sewer Project. Passed, approved and adopted this 12th day of February, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayoe A. Moldenhauer C. Robert Justmann COuncilmen Attest: Leo F. Frommelt CIty Clerk Special Session, February 12, 1973 83 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Commuoication of Assistant Ma- nager Fischer submitting match- ing resolutions for financing !be County-City Law Euforcement Cen- ter to meet the requirements of the Iowa Crime Commission, the amounts indicated arc the prora- tion of the City share of construe' tion cost, presented and read. Councilman Moldenhauer nì'o'v" d that the commuoicatloll be receiv- ed and filed. Secondèd by COUncil: man Pregler. C,arried by ,the fol- lowing 'vote: " , ' Yeas-Mayor Bitter, Councilri..", Justinann;Moldenhauèr;' Pregler, Thoms. ' N~~s-None. AdÌllil$tration MATCHING RESOLUTION NO. 41-73 Whereas, the CIty of Dubuque, Iowa, by resolution duly passed heretofore, has resolved that it will provide during the calendar year of 1973 cash fonds for the' follow. ing Iowa Crime COmmission pro- jects: Brief Description of Project, County-City Law Euforcement Cen- ter, Amount of Funds Being Pro- vided, $47,368. We forther resolve that We will provide in-kind match during' the calendar year of N-A for the fol- lowing projects: Passed, this 12th day of Feb- ruary, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt CIty Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Detention MATCHING RESOLUTION NO. 42.73 Whereas, the CIty of Dubuque, Iowa, by resolution duly passed heretofore, has resolved that it will provide during the calendar year òf 1973 cash fonds for the follow- ing Iowa Crime Commission pro- jects: Brief'DesériptiOn Of Project, County'Cify Law Enforcement Cen- ter, Amount of Funds Being Pr0- vided, $29,63&. We forther resolve that we Will Pr<\vide ,in-kind match during the Galenda¡- ye;u- of NJ A for the 101- I~wing projects: "Passed this 12th day of Feb- ruary, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayoe A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Car- riedby the' following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Thoms. Nays-None. MATCHING RESOLUTION RESOLUTION NO. 43.73 Whereas, the City of Dubuque, Iowa, by resolution duly passed heretofore, has resolved that it will provide, during the calendar year of 1974 cash fonds for the follow- ing Iowa Crime, Commission pro- jects: Brief DesGription of Project, County-City Law Euforcement Cen- ter, Amount of Funds Being Pro- vided, $98,837. We forther resolve that we will provide in-kind match during the calendar year of N-A for the fol- lowing projects: to promote the free movement of people and goods throughout the tri-state region to the mutual bene- fit of all its commuoities and in- dustries, and WHEREAS, !be States of Iowa and Wisconsin have designated the proposed Dubuque-W I s con sin Bridge among their high priorities fJJr funding within the Emergency Bridge Re~~emem Program of !be Federal Highway Administra- tion; and WHEREAS, funding of the Du- buque-Wisconsin Bridge Project within the Emergency Bridge Re- ~acement pro¡ram is essential to the financing of said project to avoid the necessity of re-establish- ing toll conections on all bridges serving the three states through the Dubuque Metropolitan Area, and WHEREAS, the Coagress of the United States is now considering such Emergency Bridge Replace. ment Program as part of the Fed~ eral-Aid Highway Act. NOW TIlEREFORE BE IT RE- SOLVED by the Mayor and CIty Council of the City of Dubuque, Iowa. Section 1. That the Honorable Richard Clark, United States Sen- ator, State of Iowa, be and is hereby respeetfolly urged to sup- port the Emergency Bridge Re. placement Program of the Federal- Aid Highway Act now pending be- fore the United States Coagress, to the extent that such program shall provide adequately for the needs of the Tri-State region. Section 2. That it Is of vital interest to the people of northeas- tern Iowa, southwestern Wisconsin and northwestern Illinois that such Emergency Bridge Replacement Program should provide funds at or above the level proposed for such Program in 1972 by the House of Representatives. SectIon 3. That such funds to be expended, now or in the future, through the provisions of the Emer- gency Bridge Replacement Pro- gram shall be allocated on a pre- ferential basis to projects of multl- state significance with particular reference to the Dubuque-Wiscon- sin Bridge Project. 84 Special Session, Febrnary 12, 1973 Passed this 12th day of Feb- ruary, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann COuncilmen Attest: Leo F. Frommelt CIty Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Car- ried by !be following vote: Yeas-Mayor Bitter, COUncilmen J_ann, Moldenhauer, Pregler, Thoms. Nays-None. Commuoicatlon of Mayor Joseph J. Bitter submitting a letter a copy of which was sent to 57 Mayors and Chairmao of !be Boards of Supervisors in Dubuque COUnty, Jo Daviess County IllinoIs, and Grant County WisconsiD, along with a resolution supporting the Emer- gency Bridge Replacement p r 0- gram, presented and read. Mayor Bitter moved that !be commuoica- tion be received and filed. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 44-13 WHEREAS, the continued de- velopment of !be trI-state region sorrounding Dubuque is vital to the interest of the people of the region and to the States of Iowa, Illinois, and Wisconsin, and WHEREAS, a system of modern highways free of hazard and con- gestion is essential to the economic well-being of the Dubuque Metro- politan Area, including the adjoin- ing areas of northwestern Illinois and southwestern Wisconsin, and WHEREAS, this tri-state region has, to a great extent, been denied the benefits of safe and modern highway development, and WHEREAS, the provision of am- ple bridge facilities crossing the Mississippi RIver is an essential element in any proposed program for regional highway development, "'" Special Session, February 12, 1973 85 Passed, approved and adopted this 12th day of February, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt CIty Clerk Mayor Bitter moved 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. 4$-73 WHEREAS, the continued de- velopment of the tri-state region surrounding Dubuque is vital to the interest of the people of the region and to the States of Iowa, Illinois, and Wisconsin, and WHEREAS, a system of modern highways free of hazard and con- gestion is essential to the economic well-being of the Dubuque Metro- politan Area, indudin¡g the adjoin- ing areas <>£ ""-estern lllin<>is and southwestern Wisconsin, and WHEREAS, Ibis tri-state region has, to a great extent, been denied the benefits of safe and modern highway development, and WHEREAS, the provision of am- ple bridge facilities crossing the Mississippi River is an essential element in any proposed program for regional highway development, to promote the free movement of people and goods throughout the I tri-state region to the mutual bene- fit of all its commuoitles and in- dustries, and WHEREAS, the States of Iowa and Wisconsin have designated the proposed Dubuque-W is con sin Bridge among their high priorities for funding within the Emergency Bridge Replacement Program of the Federal Highway Administra- tion; and WHEREAS, funding of the Du- buque-Wisconsin Bridge Project within the Emergency Bridge Re- placement Program is essential to the financing of said project to avoid the necessity of re-establish- ing toll collections on all bridges serving the three states through the Dubuque Metropolitan Area, and WHEREAS, the Congress of the United States is now considering such Emergency Bridge Replace- ment Program as part of the Fe- deral-Aid Highway Act. NOW TIlEREFORE BE IT RE- SOLVED by the Mayor and CIty Council of the City of Dubuque, Iowa. Section 1. That the Honorable Jobo C. Culver, United States Re- presentative State of Iowa, be and is hereby respectfolly urged to sup- port the Emergency Bridge Re- placement Program of the Federal- Aid Highway Act now pending be- fore the United States Congress, to the extent that such program shall provide adequately for the needs of the Tri-State region. Section 2. That it is of vital interest to the people of north- eastern Iowa, southwestern Wis- consin and northwestern Illinois that such Emergency Bridge Re. placement Program should provide funds at or above the level pro- posed for such Program in 1972 by the House of Representatives. Section 3. That such funds to be expended, now or in the future, through the provisions of the Emergency Bridge Replacement Program shall be allocated on a preferential basis to projects of multi-state significance with parti- cular reference to the Dubuque- Wisconsin Bridge Project. Passed, approved and adopted this 12th day of February, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by COun- cilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. 86 Special Session, February 12, 1973 RESOLUTION NO. 46.73 placement Program of the Federal- WHEREAS, the continued de- Aid Highway. Act now pending be- velopment of the tri.state region fore the Umted States Congress, surrounding Dubuque is vital to to the extent that such program the interest of the people of the shall provide adequately for the region and to the States of Iowa, needs of the Tri-8tate region. Illinois, and Wisconsin, and Section 2. That it is of vital WHEREAS, a system of modern I' interest to the people of no~- highways free of hazard and con- east~ Iowa, aouthwestem .WI~- gestion is essential to the econo- consm and northwestern. IllinOIS mic well-being of the Dubuque Me- that such Emergency Bndge ~- tropolitan Area, including the ad- placement Program should proVIde joining areas of nothwestern 00- funds at or above the lev.el pro- nois and southwestern Wisconsin posed for such Program m .1972 and ' by the House of Representatives. .. . Section 3. That such funds to WHEREAS, this tri-state rel!!°n be expended, now or in the fa- has, to a great extent, been defied lure, through the provisions of the ~e benefits of, safe and modern Emergency Bridge Replacement biglway development, and Program shall be allocated on a WHEREAS, the provision of am- preferential basis to projects of pie bridge facilities crossing the multl'state sigoificance with pam- Mississippi River is an essential cular reference to the Dubuque- element in any proposed program Wisconsin Bridge Project. for regional highway development, Passed, approved 3lld' a!lopted to promote the free movement of this 12th' day of February, 1973. ~ple and. goods througbout the Joseph J. Bitter tri-state re.gIon to the ~utual be~e- Mayor ~~~e~ll :d commumties and m- Walter A. Pregler , Allan T. Thoms WHEREAS, the States of Iowa Wayne A. Moldenhauer and Wisconsin have designated the C. Robert Justmann proposed Dubuque-W i s con sin COuncilmen Bridge among their high priorities Attest. fo,: funding within the Emergency Leo' F. Frommelt Bndge Replacement Program of City Clerk the Federal Highway Administra- tion; and WHEREAS, funding of the Du- buque-Wisconsin Bridge Project within the Emergency Bridge Re. placement Program is essential to the fioancing of said project to avoid the necessity of re-establish- jng toll collections on all bridges serving the three states through the Dubuque Metropolitan Area, and WHEREAS, the COngress of the United States is now considering such Emergency Bridge Replace- ment Program as part of the Fe- deral-Aid Highway Act. NOW THEREFORE BE IT RE- SOLVED by the Mayor and CIty Council of the City of Dubuque, Iowa. Section 1. That the Honorable Harold Hughes, United States Se- nator, State of Iowa, be and is hereby respectfully urged to sup- port the Emergency Bridge Re- Mayor Bitter moved adoption of the resolution. Seconded by COun- cilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. An ordinence emending end cha"". i"" Ordinance No. 3-34 known as ths "Zonl"" Ordlnence end Zeni"" Map of ths City of Dubuque, lowe", so as to odd a new Subsection (k) to Section 1 of Article VB to clarify a prohibition on ths use of eny premiHs In e 10..1 Busi. ness "B" District for places com- monly described as edult enter- telnment or edull book stores, presented and read. Councilman Justmann moved that this be considered the first reading of the Ordinance and same be referred to the Planning and Zoning Commission. Seconded by Special Session, February 12, 1973 Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. There being no further business Councilman Thoms moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Leo F. Frommelt City Clerk 87 Approved 1973 Adopted 1973 ,......................................... Councilmen Attest: """"'ëiï~'ëi~~k""""""""""'" Low-Rent Housing Commission. Se- conded by Counel1man }I 0 Ide n- hauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. COmmunication of Dubuque COunty Democratic Club submitt- ing a resolution opposing the pro- posed twelve foot Mississippi Ri- ver Channel and requesting the Council to cease supporting the project because of the environmen- tal impact, presented and read. Councilman Thoms moved that the commuoication be referred to the Dock Commission to make priority items for study. Seconded by COun- cilmen Pregler. Carried by !be fol- lowing vote: Yeas-Mayor Bitter, COWlCi1men Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Commuoication of Hempstead Senior High School, Springwind Committee, advising that their pro- gram this year is set for May 3rd and 4th in order to give the students an opportuoity to experi- ence a new and different method of learning, other than what they are used to every day of the school year, and requesting Council par- ticipation on the appointed days, presented and read. Councilman Moldenhauer moved that the com- muoication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. 88 Special Session, February 19, 1973 CITY COUNCil OFFICIAL Special session, February 19, 1973. Council met at 7:30 P.M. (C.S.T.) Present-Mayor Bitter, Council. men Justmann, Moldenhauer, Pregler, Thoms. City Manager Gil- bert D. Chavenelle. Mayor Bitter read the call and stated that service thereof had been duly made and this meeting is called for the purpose of amend. ing Zoning Ordinance No. 3-34 on properties in Key Knolls and Wull. webers Subdivisions and acting up- on such other business as may properly come before a regular meeting of the Council. Commuoicatlon of Iowa State De- partment of Health submitliog a copy of revised rules and regula- tions governing the installation of plumbing known as the "s tat e Plumbing Code", presented and read. Councilman Pregler moved that the commuoication be receiv- ed and filed and referred to the Plumbing Board. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Commuoication of A. L. Weitz urging the preservation and func- tional use of our grand City Hall, presented and read. Councilman Pregler moved that the commuoi- cation be received and filed. Se- conded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmaun, Moldenhauer, Pregler, Thoms. Nays-None. Commuoication of Sidney R. Hartley being in agreement with the proposed plan expressed by Councilman Moldenhauer, in a for- mer council meeting, relative to our own low-rent Housing p I a n subsidy, presented and read. COun- cilman Pregler moved that the commuoication be received and filed and copies of the commuoi- cation be sent to the Council and "... February 16, 1973 To the Honorable Mayor and Members of the City Council Genllemen: This is to advise that I have approved the following bonds and desire to have your approval on same. Airport Commissioner Bond Stacey Murdock. Ha..,keye Securi~ ty Insurance Co. to 9-14-76, Bond No. 1003472. Sidewalk Construction Bond Conlon COnstruction Co. dated Ja- nuary 24, 1973, Bond No. S-716723 Speoia! Session, February 19, 1973 89 Northwestern National Insurance Co. of Milwaukee. Respectfully Submitted, Gilbert D. ChaveneIle CIty Manager Councilman Moldenhauer moved filing approval subject to approval of the City Attorney. Seconded by Mayor Bitter. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Thoms. Nays-None. February 12, 1973 Roo. Mayor and City Council On December 29, D72, Car I Louis Oberhoffer, Jr. of 2815 Ifill- crest Road, this city, filed claim against !be CIty of Dubuque, Iowa in the amount of $3SO.00 claiming said damages occurred to the base. ment of his home on December 4, 1972 as the result of a sewer backup. This matter was referred to the appropriate City Agency, who, by letter dated February 7, 1973, ad- vised the City Attorney of no lia- bility nor negligence on the part of the City, and in view of the foregoing, It Is the recommenda. tion of the CIty Attomey that said cœim be denied. Original claim is returned here- with. R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Mayor Bitter. Car- ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Notice of claim of Jerry Stead- man, in an undetermined amount, for car damage incurred as the resUlt of salt discharge from a city-oWlled salt truck on February 15, 1m at 12th ... Main Street, pres4!l>teö and rad. Councilman Pregler moved !bat the notice of claim be refened to the CIty At- torney for investigation and report. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to amend Zonin¡ Or- dinance No. 3-34 so as to change Lot A of Block 22 in Key Knolls Subdivision from Multiple Res i- dence District Classification to Lo- cal Business "A" classification, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas-Mayor Bitter, COuncilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Councilman Pregler moved that the rules be suspended in order to let anyone address the Council if they so desire. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, COUncilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Attorney Robert Bertsch stated that his client Mr. Hansel plans to hold a fourteen foot wide strip off Kennedy Road in abeyance in case the CIty should need it to widen J.F.K. road to help relieve the traffic difficulty encountered on the strip. As to the possible study of traffic on J.F.K. Road it will not interfere and should have no effect on the proposed Zoning of !be Key KnoUs property. Mr. Delos Dorweüer stated that Kennedy Road is in a business area and was more concerned about some light poles in the Key Knolls area !IIat seem to be prov- ing to be a ennstant traffic ha- zard and requeated if the hazard eould be removed at this time. CIty PlaJIIler Dan Dittemore was called upon by the Council for his opinion in !be lOlling of this particUlar area. Mr. Dittemore sta- ted that zoning would Dot sub- stantially add to the traffic prob- lems on KenœcIy RoIId. In his opinion !be zoDing request was rea- sonable 8Dd bt keeping with J.F.K. and no oral objectors were pre- sent at the time set for the pub- lic hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Moldenahuer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. ORDINANCE NO. 3.73 An ordinance amending and chang- ing Ordinance No. 3.34 known as the "Zoning Map and Zoning Or. dinance of the City of Dubuque, Iowa" so as to change cartain property hereinafter described from "Multiple Residence District" classification to "Business D I s- trict" classification, (property at 2403 Central Ave.), said Ordinance having been previously presented and read at the Council meeting of January 29, 1973, presented for final adoption. 90 Special Session, February 19, 1973 road general commercial charac- ter. ORDINANCE NO. 2.73 An ordinanca amending and chan- ging Ordinance No- 3-34 known as the "Zoning Map and Zoning Or. dlnance of the City of Dubuque, Iowa" so as to change certain property hereinafter described from "Multiple Residence District" classification to "Local Buslnsss 'A' District" classification, (H.R. W. Associates property) said Or- dinance having been previously presented and read at the Council meeting of January 29, 1973, presented for final adoption. OROINANCE NO. 2~73 booue, lowo. Section 2. Thot the ""ooln, Amend. m..t ho, h...eto"" been o.."ved by the Plonnin, ond Zooln, Comml>- ,Ion 01 the City 01 Oub""",. 19:;"'J.~' 01~~~::'.,;~~.:~""ted 'hi' J..eoh J. Bitt... Moyo, Woltor A. "'eol... Allon T. Thom' Woyne A. Moldenhou'" Councilmen ATTEST, Leo F. Frommelt City CI.... Publlmed OffIClolly In roe Tele. ",ph.H",ld New,po.... thi' 22nd doy of Feb,uo", 1973. Leo F. F"mmelt City CleI'" It. 2122 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays-Councilman Justmann. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider amending Zoning Ordinance No. 3-34 so as to chauge Lot 1 of 2 of 2 of Lot 11, and Lot 2 of 1 of Lot 11 in Wullweber's Subdivision from Multiple Residence District Classi- fication to Business District Classi- fication, presented and read. No written objections were filed NOW THER'EFORE SE IT OR. DAINED BV THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, COt'olLot2ofLot20lLo'tt, ond Lot 2 01 Lot' of Lot tt In Wullweher, Subdlvl,lon,oli In Ihe City of Dubuq",. Iowa. S""n 2. That the to.....,in, Amend~ i:':~1e h\'.1o~:.~~to~"'3 z';,ï~ 't"~.i:f".. "on of the City 01 Dubuque, Iowa. Po..ed. opp"ved ood adopted thi, 19th doy of Feb'.o",. '973. J"eoh J. Bitt... "'YO' A. "'eoi... . Thom' ATTEST, Leo F. Fn>mmeif City CIe'. Publl"'ed offIciollY in The Tele. ,,"ph-H...oid New,po.., thl, 22nd doY of Febmm '973. Leo F. F,.mmelt It. 2/22 City Clel,. Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Special Session, February 19, 1973 91 February 12, 1973 To the Honorable Mayor and City Council 1 have estimated the "unassign- ed" balances of the several fonds. The estimate is:- General Fund ................$ 24,300.00 Street Fund """""""""" 9,400.00 Road Use Tax Fund (as of Dec. 1973) .............. 60,000.00 Public Safety Fund """" 29,600.00 Sanitation Fund """""" 2,000.00 Refuse Disposal Fund "" -30,000.00 i Sewage Rental Fund.... 63,000.00 Refuse Collection Fund.. 77,500.00 Aiirport Fund """""""" 3,700.00 Dock Fund """"""""""" 10,700.00 Library Fund """""""" 6,700.00 Water Works-General Fund (as of Dec. 1973) -17,000.00 Water Works-Deprecia- tion Fund """""""""" 152,000.00 Street 'and Traffic Light- ing Fund """""""""" 2,500.00 Recreation Fund """"" 19,200.00 Golf Fund ........................ 2,600.00 Golf Development Fuod 2,300.00 Raiffemy Fund ................ 24,300.00 Park Fund """"""""""" 1,300.00 Liquor Sales Profit Fund (as of Dec. 1973)........ 12,500.00 Parking Facilities Fund 8,300.00 General Fund - Land Sales Account """""" Tom Liability Fund .... Trust and Agency Fund General Obligation Debt Service Fund (as of Dec. 1973) .................... .(). Further I have determined the cost of programs and materials which should be carried forward from the 1972 appropriations and added to the 1973 budget appro- priations. These costs are shown on the attached table, "Requested Supplemental Appropriations to the 1973 Budge!." I have requested that an ordi- nance be drawn covering these transactions. Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved :~;edthean~~';'e':f.ic~~~~nd:~ ~~ I Councilman Pregler. Carried by !be following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. 82,000.00 297.00 16,900.00 ORDINANCE NO. 7-73 An ordinance amending the budget as approved by Ordinance No. 1-73, presented and read. COuncilman Moldenhauer moved !bat the reading just had be con- sidered the first reading of the Ordinance. Seconded by COuncil- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Councilman Moldenhauer moved that the rule reqniring an Ordi- nance to be read on three se- parate days be waived. Seconded by Councilman Pregler. Carried by the following vote.: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. COuncilman Moldenhauer moved that a public hearing on the Or- dinance by held on March 12, 1973 at 7:30 o'clock P.M. in the Council Chamber at the CIty Hall and the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Councilman Pregler. Carried by !be following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Sign Service Inc. re- questing the use of a concrete base located at 901 Rhomberg Ave., half of which is resting on city property, for the purpose of lo- cating a sign for Lemmer Radio & TV service, presented and read. Councilman Moldenhauer moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. ORDINANCE NO. 8-73 An ordinanca authorizing Ralph L. Lemmer, 901 Rhemberg Avenue to construct an Identification sIgn base, presented and read. Councilman Moldenhauer moved that the reading just bad be con- 92 Speoial Session, February 19, 1973 sidered the first reading of the Ordinanee. Seconded by Mayor Bit- ter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. COuncllman Moldenhauer moved that the rule requiring an Ordi. nance to be read on three se- parate days be waived. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. OROINANCE No. ..,. An O'dl!!fJ'C!!.~~I~vrJr.~~ THSF CIlJ. an' ",-_'oon"'" of me <'TV" UV~~" Socllon S. That... .erml,,100 h..." In g.anled " ..""",Iy conditioned g. perml«... a.,eemom to, a' A-me any and all lIabmf> to. 1*r£~Æ,=!H~ :~a ance of ..,d ,Ion ....; b' To pay on behalf of fhe CIIy 01 - ~ ~.. -,~-- ..~'". ~. rHv ""'-C :gen~~I'¡:,. ':::::1e,'h~,,~¡\rng "',,~~ Ihe .emoval of .aid sign "se. ,,1'.".1:",,' Jd'l"~u"~~ tpr""VhlhlS J,,"" J. Sitler Mayo< .c, ATTEST' Leo F. F..mmelf, CIIy 01"'" ACCEPTANCE OF OROINANCE No. ..,. io u,,¡, bou'~ ~Is Da'" Feb. '61h, 1973 By Ralph Lemmer "'-"" OWner gr~~~~Id"'IJ=~~ T.."r. ~::; day of Februa", 1913. Lao F. F"mmoll Cily Cl..... It. 2m Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Mayor Bitter. Car- ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmauo, Moldenhauer, Pregler, Thoms. Nays-None. OROINANCE NO. 9-73 An ordinance authorizing Dupaco employees credit union to construct a lighting standard on city owned Lot 412 of East Dubuque Addition No.2, presented and read. Councilman Moldenhauer moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Bit- ter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Juslmann, Moldenhauer, Pregler, Thoms. Nays-None. Councilman Moldenhauer moved that the rule requiring reading of an Ordinance on three separate days be waived. Seconded by Ma- yor Bitter. Carried by the follow- ing vote: Yeas-Mayor Bitter, COuncilmen Juslmann, Moldenhauer, Pregler, Thoms. Nays-None. Special Session, February 19, 1973 93 <} To IndemnifY and hold Cily of Oub..... 'ree a.d hermless ITom anY and an <Ial"", 10". lIabmly and eo<P"" ." Iniu"'", .. Ihlrd 19Ih .ay J¿,;:J~~¡«~iD., m3, M..", Waif... A~ Pregle. AHa. T. Thoms Wayne A~ Mold""'au... C. Robe" Justma.. Coun<1lmen ATTEST; Leo F. F"mmelt, Chy CI.... ACCEPTANCE OF ORDINANCE No.9-" . oame ¡wd agree - - -. ~,~C cond""'.. end agreemenls _ain <...fa'oad 10 be ""',,,med by perml"ee,. Dafed F""'a", ¡P. 1m ,,"'",0 Emplouees c.edh Union By Denald R. Me,.". Pr". ey Norbert J. Neuman, T,,",. Publlohed onJ<lallY in The Tei.. ~~t"~N~f,';{,a::'WI\:""" Ihi, 22m! Leo F. Frommelt Cily CI...,. It. 2m Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Mayor Bitter. Car- ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Dubuque Hum an Rights Commission requesting that the week of February 19th to 26th be proclaimed "Dubuque Black CO- ltural Week" presented and read. After Mayor Bitter announced that !be designated week has so been proclaimed Councilman Molden- hauer moved that the petition be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmanu, Moldenhauer, Pregler, Thoms. Nays-None. Peitlitiion of Charles Haferbecker et al (122 signers) urging the Council to consider renovation of the City Hall versus moving City Government to otber quarters, pre- sented and read. Councilman Mol. denhauer moved that the petition be received and filed and copies of the petItion be sent to the COun- cil. Seconded by Mayor Bitter. Car- ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Proof of Publication, certified to I' by tbe Publisher, of notice of pub- lic hearing to consider the City Manager'. report relative to the 94 Special Session. February 19, 1973 condition of the delapidated bnild- ings located on 1729 Prescott street on Lot 592 Ham's Addo. present- ed and read. No written objections were filed and no oral objectors were pre- sent in the Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication he re- ceived and filed. Seconded by Councilman Justmann. Carried by tbe following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 47.73 WHEREAS the City Manager has reported to the City. Council that the'buildings and premises located on Lot 592, Hamm's Subdivision, in the CIty of Dubuque, Dubuque County, Iowa, are dangerous to life and bealth because of their condition and the demand has been made by him upon Miss Helen K.Dond1inger, R.R. #2, Lancaster, Wisconsin 53813,as owner of said property that the condition com- plained to be corrected and that said owner bas filed to correct the conditions within the time pro- vided by the notice; and, WHEREAS on January 29, 1973, the City Council set said report down for hearing at 7:30 P.M. Central Standard Time February 19, 1973, in the CIty Council Cham- ber in the City Hall in the City of Dubuque, Dubuque County, 10. wa, and directed the City Clerk to give notice of said hearing; and, WHEREAS it appears by return of service now on file in the re- cords of the CIty Council that no- tice of said hearing was given by serving by Registered Mail on January 31, 1973, and by publica- tion in the Telegraph-Herald news- paper on February 1, 1973, and, WHEREAS pursuant to said no- tice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Standard Time on February 19, 1973, in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owner of the above described real estate was afforded an opportuoity to be heard ""'- and witnesses concerning the con- dition of the property and the ha- zard was heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the premises and has reached its determination. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structures known as 1729 Prescott Street, Lot 592, Hamm's Subdivision, in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and declared to be dangerous to life, health and property and a nuisance; Section 2. That the CIty Manager be and he is hereby authorized and directed to cause the struc- ture known as 1729 Prescott Street, Lot 592 Hamm's Subdivision, in the City of Dubuque, Dubuque County, Iowa, to be dismanlled and removed. Section 3. That upon completion of said work, the CIty Manager shall cerlify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque COun- ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section 5. That the City Clerk he and is hereby directed to re- cord a certified copy of this Reso- lution in the office of the County Recorder of Dubuque County, Io- wa. Passed, adopted and approved this 19th day of February, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayoe A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried SpooiaI Session, February 19, 1973 95 by the following vote: i Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider City Mana- ger's report on the condition of the delapidated buildings located on S.W.'h of Lot 52 N.E.'A of Lot 53 in Cooks Addu. known as 614 Lincoln Ave. owned by Ray- mond G. & Gloria G. McDonald Mr. Ray McDonald addressed the Council relative to his building at 614 Lincoln Ave. by requesting ad- ditional time to take care of the problem. He has not yet heard from his insurance company in settlement of fire damage which happened some two months ago, to the building. Councilman Preg- ler moved that the proof of pub- lication be received and filed. Se- conded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Mr. Paul Zimmerman of the building Department stated that this particular piece of property owned by Mr. McDonald has been a problem since August 1971 when Mr. McDonald was first notified of the delapidated condition. RESOLUTION NO. 48-73 WHEREAS the City Manager hs reported to the CIty Council that the buildings and premises located on the S.W.'h of Lot 52, Cook's Addition, N.E.'h of Lot 53, Cook's Addition, in the City of Dubuque, Dubuque County, Iowa, are dan. gerous to life and health because of their condition and that demand has been made by him upon Ray- mond G. McDonald, Jr., 632 Neva- da Street, Dubuque, Iowa 52001, as owner of said property that the condition complained of be cor- I rected and that said owner has failed to correct conditions within the time provided by the notice; and, WHEREAS on January 29, 1973, the City Council set said report down for hearing at 7:30 o'clock P.M. Central Standard Time Feb- ruary 19, 1973, in the City Council Cbamber in the City Hall in the City of Dubuque, Dubuque County, I¡ywa, and directed the City Clerk to give notice of said hearing; and, WHEREAS it appears by return of service now on file in the re~ cords of the City Council that no- tice of said hearing was given by serving by Registered Mail on January 31, 1973, and by publica~ tion in the Telegraph-Herald news- paper on February 1, 1973, and, WHEREAS pursuant to said no- tice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Standard Time on February 19, 1973, in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owner of the above described real estate was afforded an opportuoity to be heard and witnesses concerning the con- dition of the property and the ha- zard was heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the premises and has reached its determination. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structures known as 614 Lincoln Avenue S.W. VO of Lot 52, Cook's Addition, N.E. 'h of Lot 53, Cook's Addition, in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and declared to be dangerous to life, health and property and a nuisance; Section 2. That the City Manager be and he is hereby authorized and directed to cause the structure known as 614 Lincoln Avenue, S.W. 'h of Lot 52, Cook's Addition, N.E. 'h of Lot 53, Cook's Addition, in the City of Dubuque, Dubuque County, Iowa, to be dismanlled and removed. Section 3. That upon completion of said work, the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque County, Iowa, and it shall be collected Specia¡I Seæion, February 19, 1973 Special Session, February 19, 1973 may be the organW\tlOD in which cUi2enS partte!pate¡ that the pro- posed committee is sin¡Øe project purpose and must study that pro- ject in relation to the total trans- portation plan; and that these fac- tors indioate a "get start" with the possibility of change in future mouths. After a1l, this was how the Du- buque Area Transportation COm- mittee was organized. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the commuoication be received and filed and referred to the Council. Seconded by Councilman Thoms. Carried by the following vote: Yeas~Mayor Bitter, COuncilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 49.n WHEREAS the City of Dubuque has for some time been studying various aspects of a certain North- South Freeway which has been proposed for construction through the City of Dubuque; and wHEREAS the planning, placing, and construotlon of said freeWay win be s monumental event of IIIIPrecedented, socta1, MStoric, and economic significance for the CIty of Dubuque; and WHEREAS the Dubuque C i t Y Conn.;l as the legislative branch of City c.,vernmelll has the res- ponsibility for tile approval of said freeway and the location thereof; and WHEREAS it is deemed to be in tile best iIIIerest of tile CIty and its citizens that the entire citizenry be involved as aotlvely as is praotlcahl.. in !be various stages of the design and location of said freeway; NOW THEREFORE, it is bereby resolved as follows: 1. A Citizens Freeway Study COmmittee consisting of Dine (9) members, more or Jess, shall be appointed by the Mayor of the CIty of Dubuque with concurrence by a majority of the CItY cøuJ1- cil; 2. said Committee ,ball exercise such functions and duties as shall 117 96 be designated from time to time Þ)' the Dubuque City COIuIu:il, and shall report to the Council on a regular basi.; 3. The purposes før which said Committee shall be organized are ss follows: a) To ascertain commuoity sen- tim- b) Work as a liaison group be- tween the City Government and its citizenry c) Follow up and investigate sug- gestions or proposals made by the community and the various in- terested groups within the freeway d) Aid in maintaining the !ull flow or information and the sharing of ideas between the City and the various state and federal govern- ment ageDcies involved ín planning and development or the freeway Passed, adopted, and approved this 19th day of February, 1973. DtJlBtJlQUE C1TY COUNCIL Joseph J. Bitter Mayor Walter A. Pregler Wayne A. Moldenhau ,. Couneßmen BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and CIty Clerk are hereby authorized and directed to ",,"cute a Deed to Canfield Hotel, Inc. for the sale of Disposition Parcel 3 and the southerly 65 feet Of Parcell of Block 1 in the Downtòwn Urban Renewal Project, Iowa R-15, le- ¡¡aU,. described as Lot 1 of Bloek 7, Lot 4 of Block 6 and the sootherly 65 feet Of Lot 1 of BlocJ¡¡ i in Dubuque Down- WWn Plaza in the City of Dubuque, Iowa, containing 14,083.845 square feet. Secflo.. 2. That the Director of the Department Of noosing and Redevelopment is berelly alltltoriz- fJd and directed to deli1'er said Deed to Canfield Hotel, Inc., Du- buque, Iowa, npo:n ruetpt of the purcbaS<!' prite of $35,936.89. Pa$sed, approved and adopted tlr/s 19th day of Febrnary, 1913. Joseph 1. Bitter Mayor Walter A. Pregler Allan T. Thoms. Wayne A.. Moldenhauer C. Robert 1ustmann CounclIn1en with and in the same manner as general property taxes. Section 5. That the City Clerk be and i. bereby directed to re- cord a certified copy of this Re- solution in the office of the County IIe...rder of Dubuque County, Io- wa. Passed, adopted and approved this 1Btb dsy of February, 1973. Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmano Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion f1f the resolution. Seconded by Councilman Justmano. Carried by the following vote: Yeas - Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Abstained - Mayor Bitter. Fel>ruary 15, 1973 To the Honorable Mayor and City COuocil This letter is about the proposal for a CItizen. Freeway Study COm- mittee. I bave discussed the proposal with Mr. Dittemore and Mr. Russo. J(y own suggestion is, that if the Council wishes to e.tablish a committee, it should do so with the understanding that the organi- zation and selection may be chang. ed in the coming months. Mr. Dittemore has given me co- pies of notations of federal and state proposals which indicate the extension of citizen participation in both transportation planning and highway projects. He also has do- cumented the fact that there is a Dubuque Area Transportation Committee constituted by formal action and agreement, whose mem- bers are federal, state, county and city elected and appointed officials, organized for the purpose of guid- ing, developing, approving and publicizing transportation plans for this area. It should be noted that citizen parlietPat\o!t is part of both trans- portatim> plannIDg and projects; that guidelínell are being set for Iù orga:mzation and use; that the preseøt transponatlon committee Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of III.. rellOlutlon. Seconded by COun- cilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Council"*' Moldenilauer, Pregler. Nays - Courrcilmen Justrllann, '1'Ioom.;. RESOLUTION NO. 50-73 Authorbing "'"' execution and de- 1I1"'y of deocl 10 Canfiold Hotol, I..c. for sole of la..d i.. the Down. '-- Urban Renewal Pro~, Iowa 1t-15 WHEREAS, under date of Feb- ruary 18, 11/73, a CotrtraC't for the Sale of Land for Private Re- development WI. entered into by - between Canfield Hotel, Inc.; and WHEREAS, Ca11'lield Hotel, Inc. lias èó'mplied with the conditions of.aid Contract and has reqUeMed the CIty of Dubuque execUte and delh-er to tJMm a Deed for the land desezlbe\:f ~ I>elow in the "ame of Cl!ufield IIotll!, Irtc.; now therefore Attest: Leo F. Frommelt City Clerk COftUcilman Pregler moved adop- tion of the resoltttlon. Seconded by Councilman Moldenhauer. Car- ried by the fallowing vote: Yea.......lIIayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays~None. RESOLUTION NO. 51.73 Designating the Five Flags Can- te. as 0 bI..nUrmial center WHEREAS, the Congress of the United States has de.lared the ap- propriateness and desirability to provide for the observation and commemoration of the blcenteuoial of the birth of this nation; and WHEJtEAS. !be President of the United lItates has. endorsed among otller recom-.tioll8 of the American Revølution Bicentennial Commlsoion t!Iat "TIle- _1ImO- ration be national in scope, seek- WHEREAS, the support of the commuoity for the Five Flags Cen- ter is self-evident in the form of pledges and contributions from in- dividuals, business firms, private organizations and others towards the cost of the total project and by writtoo and oral commuoica- tions from a cross-section of pri- vate and public groups; now there- fore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA Section 1. Tbat the Council of the City of Dubuque in recogni- tion of the recommendation of the Executive Committee of the Five Flags Center and of the endorse- ment of the Iowa American Re- volution Bicentennial Commission, recognizes and designates the Five Flags Center as a Bicentennial Center. Section 2. That the City Council of the City of Dubuque finds and determines that the Five Flags Center as a Bicentennial Center gives appropriate consideration to A. The observance and comme- moration to the historic events of the Upper Mississippi that are as- sociated with the American Revo- lutionary War period; B. An undertaking conceived by citizens working in harmony with local public officials to implement an acceptable, needed, and desir- able facility; C. The ideas that have vitally influenced the development of the Upper Mississippi and of the Unit- ed States; and D. The establishment of a per- manent place that has opportuoi- ties for a wide variety of activities necessary for the present and fu- ture use of people and the stimu- lation of creativity for the orderly growth of the City of Dubuque, the State of Iowa, and the United States of America in mankind's quest for knowledge and freedom. Section 3. That the Mayor and the City Manager are hereby au- thorized and directed to proceed and to undertake all measures deemed appropriate to secure the support, endorsement and partici- pation of Federal and State agen- cies and private groups for the Five Flags Center as a Bicen- teuoial Center for the City of Du- 98 Special Session, February 19, 1973 ing to involve every State, city and commuoity"; and WHEREAS, Dubuque, the oldest city in the State of Iowa and with a legacy that is reflected in the bauners of the Fleur de Lis of France, the Royal Flag of Spain, the Union Jack of England, the French Imperial Flag of Napoleon, and the Stars and Stripes of the United States of America, is lo- cated in the only Iowa area of involvement with the American Re- volutionary War; and WHEREAS, in recognition of the rich, historical heritage of Dubu- queland and for the occasion of the two hundredth birthday cele- bration of the founding of this na- tion, there is proposed to be inte- grated into the Five Flags Center as an essential ingredient a per- manent, full-scale multi-media and sound facility to portray in sights and sounds during the bicenteuoial year, two hundred years of the past of the Upper Mississippi and the story of the men, women and children who gave it life; and WHEREAS, the Five Flags Cen- ter Executive Committee has un- animously recommended that the Five Flags Center composed of a restored architecturally and his- torically significant theater and site, a promenade, an exhibit-arts hall, and a multi-media and sound facility together with other appro- priate site improvements be de- signated as a Bicenteuoial Center; and WHEREAS, the Iowa American Bicenteuoial Commission has ap- proved the Five Flags Cooter "as being significant and having the potential of contributiug to the re- cognition of the 2OOtb birthday of the United States by the citizens of Iowa"; and WHEREAS, the City Council of the City of Dubuque has strougly endorsed the proposed Five Flags Center and has recommended the Project to the entire commnnity as worthy of its support to pro- vide a facility which will encourage the cultural, recreational, ooter- tainment and citizen participation potential of the commuoity to match and balance the curroot in- dustrial, commercial, academic and economic growth of the Du- buque metropolitan area; and .. " Special Session, Februnry 19, 1973 buque, the State of Iowa and the United States of America. Section 4. That the Mayor and City Manager are hereby further authorized and directed to proceed with proper application to appro- priate Federal and State Agencies for the designation of the City of Dubuque as ~ Bicootennial City. Passed, approved and adopted this 19th day of February, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms. Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed hy Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Proof of Poblication, certified to by the Publisher, of Official notice published 12-21-72 of location and design approval requested in RE: proposed design of TOPICS project Number T-735-7 (2)-46-31 intersec- tions of N'mth and Bluff and Tenth and Bluff, by the State of Iowa from the Federal Highway Admini- stration, presented and read. No written objectloJ¡s were filed and no oral objectors Were present in the Council Chamber at the time set for the hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Moldenhauer. Carried I by the following vote: Yeas-Mayor Bitter, COuncilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of Official No- tice published February 8, 1973, of Location and Design approval that the Highway Commission has received location and design ap. proval from the Federal Highway Administration of TOPICS project Number 7-735-7 (2)-46-31 intersec- tions of Ninth and Bluff and Tooth and Bluff, presented and read. No written objections were filed and no oral objectors were present in the, Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be re- ceived' and filed. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmoo Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Commuoication of Iowa State Highway Commission, addressed to City Engineer White, SUbmitting Agreement No. 72-3-229 covering , the 'TOPICS project at' 10th. and Bluff Street presented and read. Councilman Pregler moved that the commúnication be received and filed. secOnded by Councilman Mol- denhauer. ,Carried by the follow- ing vote, '" Yea5-"Mayor Bitter, COUncilmeJ¡ Justmann; MOldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 52-73 NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Mayor be and he is hereby authorized and directed to execute agreement No. 72-3-229 with the Iowa Highway COmmis- sion covering the City of Dubuque TOPICS Project at 10th Street and Bluff. Passed, approved and adopted this 19th day of February, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Wayne A. Moldenhauer Councilmoo Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. 99 Passed, adopted and approved this 19th day of February, 11173. Joseph J. Bitter Mayor Waiter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justm8lll1 Councilmen 100 Special Session, Febroary 19, 1973 Comli\1lllÏ<:ation of -e. State High...a,. Commlos1on, addresaed to CIty EngIneer White, .ubmitting agreement No. 72.T.229 and plans, covering TOPICS project for wi- dening Uni..erslty Avenue from L0- r.. Blvd. to GU1iam Street, pre- sented and read. COuncilman Preg1er moved that the communteatioD be received and filed. Seconded by CouncUman Mol- denhauer. Carried by the following vote: Yeas-Mayor Bitter, Counci1men Justmann, Moldenhaner, Pregler, Thoms. Nays-None. .eSOLUTlON NO. 53-73 NOW, TJlZREFORE BE IT RE- SOLVED BY TIIE C1TY COUNCIL OF TIlE CITY OF DUBUQUE, iOWA: That !be CIty Mayor be and he is bereby authori$ed and directed 10 execute agreement No. 72-T-229 with the Iowa Highway Commis- sion <:overing the CIty of Dubuque TOPICS projeet at Univeraity Ave- nue. Passed, approved and adopted this 1WI day of February, 1973. Joseph J. BItter 1\Iayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Couneilmen Attest: Leo F. Frommelt CIty Clerk Councilman Pregl.,. moved adop- tion of the resolution. Seconded by COuncilman Moldenhauer. Car- ried by the follawing vote: Yeas-WaYOJ' BitieJ', Councilmen Justmann, MoldeWieuer, Pregler, Thoms. Nays-NoDe. ReSOLUTION NO. 54-73 BE IT RESOLVED by the City Council of !be CIty of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ci- garettes within the City of Dubu- que, Imva, be granted a permit 10 seil Clguettes and Cigarette Papers within said City. ltobert J. Kaft, 15 Locust Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resoluUon. Seconded by COun- cilman M<>14enhauer. Carried by the following vote: Yeas-Kay... Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 55.73 WHEREAS, appl1catioDs for Beer permits have been submitted to this Council for approval and the same have been examJned; NOW TIIEREFOllE, BE IT RESOLVED by the CIty Council of the CIty of Dubuque, Iowa, that the following applica- tion. be granted and POt'mits is- sued upon the compliance with the terms of the ordinances of the City. CLASS "8" BEER PERMIT J.F.It. Foods, Inc" 2075 John F. Kennedy Road pa...ed, adopted and approved this 19th day of February, 1973. J_pb J. Bitter Mayor Walter A. Pregler AUlD T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Atteit: Leo F. Frommelt Çity Clerk Mayor Bitter moved adoption of the resolution. Seconded by Coun- cilman Moldenhauer- Carried by the following vote: Yells-Mayor Bitt.,., Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. ReSOLUTION NO. 56-71 WHEltEAS, applieatlons for Beer permita were filed by tho within named ap¡>licanÙl and they have Special Session, February 19, 1973 received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE iT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT J.F.K. Foods, Inc., 2075 J. F. Ken- nedy Road BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 19th day of February, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 57.73 WHEREAS, applications for Li- quor licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE iT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 131-as amended by the 64tb General Assembly, 1971. CLASS "c" (COMMERCIAL) BEER LIQUOR LICENSE Robert J. Karr, 35 Locust Street Passed, adopted and approved this 19th day of February, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Secouded by COun- cilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 58-73 WHEREAS, applications for Li- quor licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to he occupied by such applicants were inspected and found to comply with the State Law and all City ordi- nances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE~ SOLVED by the City Council of the City of Dubuque, iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor license. CLASS "c" (COMMERCIAL) BEER LIQUOR LICENSE Robert J. Karr, 35 Locust Street Passed, adopted and approved this 19th day of February, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann COuncilmen Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by COun- cilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. 101 Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldeubauer, Pregler, Thoms. Nays-None. Leo F. Frommelt CIty Clerk 102 Special Session, February 19, 1973 February 19, 1973 Honorable Mayor and City Council You are herewith advised that heretofore you directed the City Attorney to institute Eminent Do- main proceedings against Richard V. Hansel, for the purpose of se- curing a permanent easement through his property for a sanitary sewer line. Pursuant to your orders, the City Attorney's office prepared the ne- cessary proceedings to institute Eminent Domain proceediugs and same were filed on the 13th dsy of February, 1973 and on the 14th day of February, 1973, the CIty Attorney's office was advised that said Richard V. Hansel had exe- cuted a Grant of Easement for the sanitary sewer tine for sani- tary sewer purposes and, accord- ingly, said Eminent Domain Pro- ceed.ing.s should be discontinued. A copy of the Petition for Emi- nent Domain is hereto attached. Accordingly, it is the opinion of the City Attorney that this matter bas been successfolly concluded. R. N. Russo CIty Attorney Councilman Thoms moved that the commuoicatlon be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmano, Moldenhauer, Pregler, Thoms. Nays-None. Mr. James COllins and Ruth Sch- arnau for the Human Rights COm- mission and Mr. Pat Conlon sub- mitted progress reports for their various Commissions. Rev. Joseph Hagen from Holy Trinity, Rev. Gleno Johnson from the Third Presbyterian, Rev. Ed Kolfenbach from Sacred Heart, Rev. Anthony Sigwarth from SI. Marys expressed thanks for COun- cil action taken relative to the Danish Book Store. Attorney David Leifker address- ed the Council relative to the twelve foot channel in the Missis- sippi. There being no further business Councilman Thoms moved to ad- journ. Seconded by Councilman .:rt: Approved ....................................1973 Adopted ......................................1973 """""""""""""""'.".'.""""""""'" .......................................................... .......................................................... .......................................................... Councilmen Attest: """ëitÿ"ëï;':¡;:"."""" ........ Special Session, February 26, 1973 CITY COUNCil OFFICIAL Special Session, February 26, 1973. Council met at 7:30 P.M. (C.S.T.) Present-Mayor Bitter, Council. men Justmann, Moldenhauer, Pregler, Thoms. City Manager Gil- bert D. Chavenelle. Mayor Bitter read the call and stated that service thereof had been duly made and this meetiug is called for the purpose of con- ducting a public hearing on amend. ments 10 zoning Ordinance No. 3-34 relative 10 hospital medical dis. tricts and actiug upon such other business as may properly come before a regular meeting of the Council. Commuoication of Holy Trinity Fraternity Third Order of SI. Fran- cis, condemning sale and distribu- tion of pornographic books etc. at 306 Main street and 1101 Rhomberg Ave., presented and read. COun- cilman Thoms moved that the com~ muoication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Commuoicatlon of Playground & Recreation Commission submittiog a copy of the minutes of their meeting held on February 12, 1973, presented and read. Councilman Thoms moved that the commuoica- tion be received and filed. Second- I ed by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmano, Moldenhauer, Pregler, Thoms. Nays-None. Commuoication of International Union of Operating Engineers (for- ward from meeting of 2-12-73 rela- tive to their working agreement and labor relations with the City, presented and read. Councilman Pregler moved that the commuoi- cation be received and filed and the rules suspended in order to let anyone present address the 103 Council if they so desire. Second. ed by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Mr. William C. Sweeney, Busi. ness Agent of the Operating En- gineers, addressed the Council re- lative to their negotiations with the Personnel Manager, evidently without any positive results. Councilman Pregler moved that the City Manager be instructed through his staff to contact the Operating Engineers to have one more go at it until Friday. MO- TION DIED FOR LACK OF A SECOND. Councilman Thoms moved that the Council accept the recommen- dation with the Operating Engi- neers, with the idea of looking forward to 1974. Seconded by COun- cilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Thoms. Nays-Councilman Pregler. Commuoication of Low-Rent Housing Commission submittiug a copy of their minutes of a meeting held on February 13, 1973, pre- sented and read. Councilman Thoms moved that the commuoi- cation be received and filed. Se- conded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Dubuque Human Rights C 0 m- mission submitting their annual re- port for 1972, presented and read. Councilman Thoms moved that the report be received and filed. Se- conded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Commuoication of City Manager submittiog the audit report of County-City Authority for a two year period ending December 31, 1972, presented and read. Council. 104 Special Session, Febrwary 26, 1973 man Thoms moved that the com-! munication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Commuoication of City Manager suhmitting audit report of the Wa- ter Department for 1972, presented and read. Councilman Thoms mov- ed that the commuoication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldeubauer, Pregler, Thoms. Nays-None. Notice of claim of Paul H. Mag- nuson in the approx. amount of $1700. as the result of airplane damage incurred at the Municipal Airport when a snowplow struck the right tip of the wing, on Feb- ruary 13, 1973, presented and read. Mayor Bitter moved that the no- tice of claim be referred to the City Solicitor for proper action and investigation. Seconded by Coun- cilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub. lic hearing on Ordinance No. 49-72 amending Zoning Ordinance No. 3-34 by adding a new subsection (n) to Section 2 Article IV offices of physicians, surgeons or oral sur- geons and including accessory me- dical laboratories and apothecaries for the compounding and dispens- ing of drugs and medicines, where such accessory uses are operated in support of and incidental to medical offices, and are entirely contaioed within the structure housing the principal office use and shall in aggregate occupy not more than twenty-five percent of the floor area of such principal structure, within areas hereinafter described, presented and rea d. Councilman Moldenhauer moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. February 23, 1973 Honorable Mayor and Councilmen The City of Dubuque Plauoing and Zoning Commission has held a public hearing on proposed or- dinances to establish a Hospital- Medical Zoning District and to amend the Official Zoning Map to apply the regulations of that District to property of the three local hospitals and to adjacent me- dical facilities. It was noted at the public hear- ing that the Commission's legal notice advertisement contained an error in the Hospital~Medical Dis- trict regulations, specifically Sec~ tion 2., paragraph (h), item 1. The correction of this discrepancy was noted at the public hearing to coin- cide with the language of the at- tached Ordinance and of the legal notice advertisement for the CIty Council public hearing. The Commission has considered that the proposed Hospital-Medical District is consistent with earlier studies and recommendations that it has made. The concept of a hospital-medical zoning district was first considered in the early drafts of the new City zoning or- dinance and has been the basis for all subsequent actions by the Planning and Zoning Commission. The present proposal for amend- ing Ordinance No. 3-34 more ade- quately reflects the intent of the original concept by virtue of its uniform applicability to all three local hospitals and through its re- gulation of accessory and support- ing land-uses in accordance with their compatibility to the hospital district. In this regard, as inter- preting prior actions of the Plan- ning and Zoning Commission, the proposed Hospital-Medical District is a more appropriate amendment to the present zoning ordinance. The action of the Planning and Zoning Commission was to approve the Hospital-Medical District Ordi- Special Session, February 26, 1973 105 nances as referred by the City Council and as hereto attached. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Pregler moved that the commuoication be received and filed, afler receiving an opinion from the City Attorney as to notice of the public hearing as published. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. ORDINANCE NO. 49.72 An ordinance amending and chang. ing Ordinance No. 3-34 known as the "Zoning Map and Zoning Or. I dinance of the City of Dubuque, Iowa", by adding a new Subsec- tion (n) to Section 2 of Article IV thereof, to permit medical of- fices and accessory uses within certain descrihed areas of the Mul. tiple Residence District, to-wit, said ordinance having been pre~ viously presented and read at the Council meeting of August 7, 1972, presented for final adoption. Councilman Pregler moved that the Ordinance be stricken. Second~ ed by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to amend Zoning Or- dinance No. 3-34 by repealing Sec- tion 1 of Article 1 and by enacting a new Section of Article 1 in lieu thereof, presented and read. Coun~ cilman Moldenhauer moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of William R. Welter et al endorsing Council proposed plans for a Hospital Medical Sec- tion to apply to all three hospitals, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Petition of Gerald Blaser et al being in total support of the H-M Ordinance and construction of a doctor's office building, presented and read. COuncilman Pregler moved that the petition be re- ceived and filed. Seconded by Mayor Bitter. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Mr. John Gansbirt, James L. Shaffer, Mike Myers attorney for Sisters of Mercy, Francis O'Con- nor attorney for Medical Asso- ciates, David C. Strahm Adminis- trator at Medical Associates, Joe Sprenglemeyer of Taylor Ph a r- macy, Dr. David Kapp, Dr. David Howell, Dr. F. G. Asmussen, Tim Duggan all presented their case in favor of the hospital-clinic con- cept. Petition of Leo M. Miller et al objecting to proposed Ordinance publication of notice of hearing published February 5, 1973 to change property of Mercy Medical Center from Multiple to Hospital Medical District presented and read. Councilmen Pregler moved that the petition be received and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. COUNCIL RECESSED AT 10:05 P.M. RECONVENED AT 10:15 P. M. Mrs. Dan Ames, Mrs. O. Strait, Mr. C. Miller and Mr. Wm. Thill all expressed OPposition to pro- posed Hospital Medical District. Commuoications addressed to Councilmen Moldenhauer and Pregler from the Iowa Pharma- ceutical Ass'n., and Iowa Medical Socity were presented for the reo cord. Councilman Justmann moved that the commuoications be re- ceived and filed. Seconded by special Seosion, February 26, 1973 106 IC) Meltlple R..lde"e o.t,le! D) Ho,pltal-Me,nea' Di,""t E) Locai 8"i"" DI""'" - A and 8 I~\ ~W:3:'~~~~~~:D¡¡W~~I" .. 3-34 and Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Councilman Pregler moved that discussion be closed. Seconded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Bitter, Councilmen I Justmann, Pregler, Thoms. Nays-Councilman Moldenhauer. ORDINANCE NO. 10-73 An ordinance emending and chang- ing Ordinance 3-34 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Io- wa", by repealing Section 1 of Article 1, thereof and adopting a naw Section 1 of Article 1 in lieu thereof, to establish an eighth zon- ing classification, to be known as the Hospital-Medical District, and further amending and changing said Ordinance 3-34 by adding a new Article IY-A thereof, describ- ing the purpose, permitted uses, height regulations, area regula- tions and parking requirements ap- plicable to the Hospital-Medical District, said Ordinance having been pre- viously presented and read at the Council meetings of January 29th and 31st, 1973, presented for final adoption. "Article IV.A H..pltal~Medieal Di,. "Ie! () &~ Pa"ed. ap"oved and adoPied thb 26th day 0' Feb"OIY, ,,73- Jo'..h J. Blff... May<>< Walt... A. ,.,...1" Allan T. Thorn, Wav" A. Moldenhae" Coeoeilmen ATTEST, Leo F. F...."mel' CItY CI,," Pebll,hed officially In The Tel....aph~ Hmld New..ap" 'hi, h' day 0' Ma,'" 1973. Leo F. F"""melt CItY Cle<k. ,. 00' e 0' 10 all ,xl. lD 11. 311 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays-Councilman Justmann. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to amend Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance by changing from Multiple Residence District Classification to Hospital Medical District Classification for various . described properties of Finley Hos. I pital, Nemmers-Pearson Medical clinic, Mercy Medical Center, 0' emp"". Seeli" ,. Aiea Repelatl", No ""ildl.., ,hall be "eeled " al. '"ed except In con'"mance with the following p",v¡,I"" 'a) F">of Va,'" A '",n' ya'" hav- In" a mean depth 0' pol I.., 'han tlffeen "e' "S') I' ....el'ed go ewy lot. (b) Side Va"" On eve... lot. ,ide ya"', ... 'eoe',ed. each with a Re,ldence Di.. :t 108 Special Session, February 26, 1973 Brien Dental Clinic, and Xavier Hospital, presented and read. Councilman Moldenhauer moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. ORDINANCE NO. 1\.73 An ordinance amending and chang- ing Ordinance No. 3-34 known as the "Zoning Map and Zoning Or- dinance of the City of Dubuque, Iowa" 10 as to change certain pr_rty hereinafter described from Multiple Residence District to Hospital.Medical District, said Ordinance having been pre. viously presented and read at the Council meetings of January 29th and 31st, 1973, presented for final adoption. ORDINANCE No. 11-73 ~, Iowa. J. bJ Lot' and Lot 3 of Sidonia H",~ ",d', SUbdlvl,lon In the CIIy of D"b"o", Iowa. 'Nemm...,~Pe"~ ",n Med,cal Clini'J. ,J Lot , of Lol , of Lanowoethv PI",. . ",Wlvl,Ion of Lot 1 of Lol30' LOll of Lol'of Lol' of Sob. of Mine,,' Lot 73, .. ~ ~... --_.~ .. ~.. Agn., Lano~ worthv', S"bdlv',lon of Min",' Lot71,LoI'oILollofO"tLO1 731. ""'eot the ","th...,v 100 "'1 Ih...eo', Lol 1 of Lot' of Lot 1 of Cltv Lot 732, LOll of Lofl o'L016ofMin"" Lol 72, LO1 , of Lot 1 of Lot 6 of Mln",' LO1 72, LOll of Lol'of Lgt60fMin..." Lot 72, Lol'ofLol'ofLol60fMin...a' Lof 72, Lol 'A of Mln"" Lot 72, Lot 1 of Lol , of Min"" Lof ", Lot 1 of Lot' of Lot 10 of Mi..,~ al Lot 73, LotlofLotlofLot5ofMlne,~ al Lot 72; The vacated and deeded e,,1 10 'eet of Lol 11 of ""'ev Height" The we" 50 feet of Lot 11 of 15 in Sf...: Ave~ ~~~'v."'ed allev In Aim" La",~ worthy', S"bdlvl,ion of Min.,,' LO1 71, ATTEST, Leo F. Frommelt CIIy C..," P"bll,hed offl".lIv In The Te'e",ph~ He"ld Now,....' Ihl' '" dav of Mmh 1973. Leo F. Frommelt CIIy C..,". 11. 3/1 Councilman Pregler moved adop- tion of the Ordinance. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays-Councilman Justmann. February 23, 1973 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing to include pro- Special Session, February 26, 1973 109 perty recently annexed to the City I of Dubuque, Iowa, in the Single Family Residence District. This property is described as Lot 2 of Northwest One-Quarter, North- west fractional One.Quarter, Sec- tion 2, Township 88 North, Range 2 East of 5th Principal Meridian; and Lot 2 of Lot 1 of Northeast One.Quarter, Northwest fractional One-Quarter, Section 2, Township 38 North, Range 2 East of 5th Principal Meridian in Dubuque County, Iowa, according to the re- corded plat thereof. This property is located at the extension of Va- lentine Drive in the City of Du- buque, Iowa. The Planning and Zoning COm- mission has determined that the Single Family Residence DIstrict classification is appropriate for Ibis property and recommends your favorable consideration of the at. tached Ordinance. CITY PLANNING AND ZONING C01lfMISSION Daniel Dittemore Development Planner Mayor Bitter moved that the commuoicatlon be received and filed. Seconded by COuncilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, COuncilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. ORDINANCE NO. 12.73 An ordinance zoning and classify. ing recently annexed territory to the City of Dubuque, Iowa as a "Single Famify Residence D i s- trict" which real estate is here. inafter described, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, COuncilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Councilman Pregler moved that the rule requiring an Ordinance be read on three separate days be waived. Seconded by COuncil- man Thoms. Carried by the follow- ing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Councilman Pregler moved that a public hearing be held on the Ordinance on March 26, 1973, in the Council Chamber at the City Hall at 7:30 o'clock P.M. and that the Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. ORDINANCII NO. 13-73 An ordinance amending Ordinance No. 33.49 known as the "Traffic Code of Dubuque, Iowa", as amended by repealing Section 9.3 thereof and enacting a new Sec- tion 9_3 in lieu thereof requiring vahicles to travel on the right. hand .ide of the roadway unle.. otherwise provided by law, presented and read. COuncilman Pregler moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas-Mayor Bitter, COuncilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. COuncilman Pregler moved that the rule reqniring an Ordinance to be read on three separate days be waived. Seconded by COuncil- man Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Sacllon 1. ThaI a,diMnco No. 33-49 ~nown " the "T"ffJ, Codo of D"~ ""QUe. Iowa" .. amanded. bo and tho Speoial Session, February 26, 1973 and the Department of Health, Education and Welfare have ex- pressed their continued support, and WHEREAS, the Youth Services Bureau is becoming an important coordinating service for commuoi- ty services geared to the needs of youth, and WHEREAS, the Youth Services Bureau identifies gaps in services and purchases needed services when no other alternatives are available, and WHEREAS, the Youth Services Bure~u is working to change .t- titudes and practices which con- tribute to delinquency, and WHEREAS, 'thè CIty Ç<lunêil of tbis,City does hereby support the concept and ~ontinued operation of the Youth Services Bureau: NO"" THEREFORE BE IT RE- SOLVED BY THE CITY COUNcn.. of the City of Dubuque, Iowa, do hereby authoriz~ the CIty Mana- ger to sign all dòcumèbts, make applicatiòn' and provide the local share of funding for, continued ope. ration of the Youth Services Pro- ject for the period July 1, 1973 thru June 30, 1974 in the City of Dubuque forthwith. IN WITNESS THEREOF, we have hereunto set our hand and caused the seal of the CIty of Dubuque to be affixed this 26th day of February, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayoe A. Moldenhauer C. Robert Justmann COuncilmen llO ..me i, he" !~~~El~e~ oP"'to, 'h." I' ,ide of u"i... law." P."ed, 'Pprou" and odop'" thi' '6th dov 01 Feb,ua,., 1973. J"eph J. Birt" Mo.., P,..I" hom, Moldeoh.u" ...,'m,," ATTEST, Leo F~ F<ommelt Cltv Ci,," Pub",h" '" The Te'e."ph~He,,'d New,po.., thi, ,ot dov of M"'" '973. Leo F. Frommelt City CIe,". 11. 311 Cot¡Ilcilman )?reglermoved adop- tion of the Ordinance. Seconded by Councilman Thoms. Carrie" by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. ' Nays-None. Petition of Charles L. Egethof requesting rezoning to Multiple classification of the Ely ill" of Lot 706 in McDaniels Sub. located at southwest corner of 12th & Bluff Street for a proposed parking lot use, presented and read. Mayor Bitter moved that the petition be referred to the Planning & Zoning Commission. Seconded by Council- man Pregler. Carried by the fol. lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Resolution Authorizing the Mayor to execute pre-Design Agreement covering U.S. 561 Freeway Cor. ridor location and City Island Mis- sissippi River Bridge and connec- tions, presented and read. Coun. cilman Thoms moved that the re- solution be referred to the first official meeting in March. Second- ed by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 59-13 WHEREAS, The CIty of Dubuque has been asked to continue spou- soring the Youth Services Bureau, and WHEREAS, the State of Iowa Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by COun- cilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays-Councilman Justmann. February 26, 1973 To the Honorable Mayor and City Council I hereby submit the attached sheets No.1 to 5 inclusive show- ing a schedule of the proposed Special Session, February 26, 1973 III valuations and assessments for the I City of Dubuque, 1973 Asphaltic Paving Project No. 1. Submitted February 26, 1973. Jobo L. White, P.E. City Engineer Councilman Pregler moved that the commuoication be received and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 60-73 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached sheets No.1 to 5 inclusive are hereby determined to be the sche- dule of proposed assessments for the City of Dubuque, 1973 Asphaltic Paving Project No.1 and the va. luatlons set out therein are here- by approved. Adopted this 26th day of Feb- ruary 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayoe A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt CIty Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 61.13 Preliminary approval of plans, specifications, form of contract, plat and all other documents, in- cluding all items of material and work required for the construction of CITY OF DUBUQUE 1973 AS- PHALTIC PAVING PROJECT NO. 1 on the following named streets; at an estimated cost of $382,990.40, presented and read. 1. Algona Street from the N.P.L. of Loras Blvd. to the S.P.L. of Dexter Street. 2; Atlantic Street from the N.P.L. of Loras Blvd. to the N.P.L. of Dexter Street. 3. Auburn Street from the N.P.L. of Loras Blvd. to the S.P.L. of Dexter Street. 4. Boyer Street from the E.P.L. of No. Grandview Avenue to the W.P.L. of Andrew Court. 5. Gordon Drive from the S.P.L. of Kaufmann Avenue to the N.P.L. of Theda Drive. 6. Grandview Avenue from the N.P.L. of Loras Blvd. to the N.P.L. of Dexter Street. 7. Kaufmann Avenue from W.P. L. of Carter Road to the W.P.L. of Gordon Drive. 8. Key Knolls Subdivision a. Phyllrich Drive from the N.P.L. of Keymont Drive to the N;P.L. of Lot 6 of Block 10. b. Norland Drive from the N.P.L. of Keymont Drive to the N.P.L. of Lot 6 Block 11. c. Hansel Drive from the N.P.L. of Keymont Drive to the N.P.L. of Lot 6 of Block 9. d. Vizaleea Drive from the N.P. L. of Keymont Drive to the N.P.L. of Lot 5 Block 8. 9. Locust Street from the N.P.L. of 9th Street to the 8.P.L. of Loras Blvd. 10. Sunset Park Subdivision No. 1: a. Dove Street from the E.P.L. of Bonson Road to the W.P.L. of 'I Meggan Street. b. Waller Street from the E.P.L. of Bonson Road to the N.P.L. of , Lot 15 of Block 8. "II. University Avenue from the W.P.L. of McCOrmick Street to tbe E.P.L. of Gilliam Street. 12. Edwards Street from the W. P.L. of Windsor Avenue to the E.P.L. of Queen Street. 13. Century Drive Guard Rail 14. Grandview Avenue & Univer- sity Avenue Intersection 15. Overview Court from the W. P.L. of Grandview Avenue to the west end of the Street. 16. Bicycle Path from 16th Street to Sbiras on the Floodwall "Carryover from the 1972 Street Program Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. 112 Special Session, February 26, 1973 (Necessity for Improvement) RESOLUTION NO. 62.73 WHEREAS, proposed plans, spe- cifications, form of contraet, plat and schedule have been duly pre- pared and approved by the City Council of the CIty of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The Assessments limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed Improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount there~ of which ¡s estimated to be as- sessed against each lot, for the construction of City of Dubuque 1973 Asphaltic Paving Project No. r on the following named streets: 1. Algona Street from the N.P.L. of Loras Blvd. to the S.P.L. of Dexter Street. 2. Atlantic Street from the N.P.L. of Loras Blvd. to th N.P.L. of Dexter Street. 3. Auburn Street from the N.P.L. of Laras Blvd. to the S.P.L. of Dexter Street. 4. Boyer Street from the E.P.L. of No. Grandview Avenue to the W.P.L. of Andrew Court. 5. Gordon Drive from the S.P.L. of Kaufmann Avenue to the N.P. L. of Theda Drive. 6. Grandview Avenue from the N.P.L. of Loras Blvd. to the N.P. L. of Dexter Street. 7. Kaufmann Avenue from W.P. L. of Carter Road to the W.P.L. of Gordon Drive. 8. Key Knolls SUbdivision a. Phyllrich Drive from the N. P.L. of Keymont Drive to the N.P. L. of Lot 6 Block 10. b. Norland Drive from the N.P. L. of Keymont Drive to the N.P.L. of Lot 6 Block 11. c. Hansel Drive from the N.P.L. of Keym()nt Drive ,to the N.P.L. of Lot 6 of Block 9. d. Vizaleea Drive from the N.P. L. of Keymont Drive to the N.P.L. of Lot 5 of Block 8. 9. Locust Street from the N.P.L. of 9th Street to the S.P.L. of La- ras Blvd. 10. Sunset Park Subdivision No. 1: a. Dove Street from the E.P.L. of Bonson Road to the W.P.L. of Meggan I9treeIL b. Waller Street from the E.P.L. of Bonson Road to the N.P.L. of Lot 15 of Block 8. *11. University Avenue from the W.P.L. of McCOrmick Street to the E.P.L. of Gilliam Street. 12. Edwards Street from the W. P.L. of Windsor Avenue to the E.P.L. of Queen Street. 13. Century Drive Guard Rail 14. Grandview Avenne & Univer- sity Avenue Intersection 15. Overview Court from the W. P.L. of Grandview Avenue to the west end of the Street. 16. Bicycle Path from 16th Street to Shiras on the F1oodwall 'Carry over from 1972 Street Program BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men. tioned improvement, and unless property owners at the time of the final consideration of this pro- posed resolution have on file with the City Clerk objections to the amount of the proposed assess. ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done In accordance with the plans and specifications which have been prepared there- for by the City Engineer which bave been approved by the City Council and are now on file with the CIty Clerk. That !be cost and expense of making said improve- ment will be assessed upon and against all privately owned pro- perty lying within assessable dis- tance provided by law and In an amount not to exceed the amount provided by law, property will be assessed whether !be same abuts thereon or Is adjacent !bereto ac- cording to area and In proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund, Bonds shall be issued and sold Spacial Session, Febroary 26, 1973 113 in anticipation of deferred pay. ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The rt»ilway portå<>n of any street or assessment district shall be as- sessed to and paid by the rail- way company. The above resolution was intro- duced, approved and ordered plac- ed on file with the CIty Clerk this 26th day of February, 1973. Approved and placed on lile for final action Approved: Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt Clty Clerk Councilman Pre¡\er moved ap. proval of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. (Fixing date of hearing) RBSOLUTION NO. 63.73 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 61.73 given its preliminary approval on the pro- posed plans, specifications and form of contract and plaeed same on file in the office of the City Clerk for public inspection, for the construction of Clty of DubUque 1973 Asphaltic PaVing Project No. I 1. and, WHEREAs, !be proposed Reso- lution of Neeeuity for said im- provement has been introduced and Is bOW on file in the City Clerk's office for public inspeetion, BE IT TIIEREFORE RESOLV- ED that on the 2nd day of April 1973, a public hearing will be held at 7:30 o'clock P.M. CST in the Council Chamber in the CIty of Dubuque at wbich time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boun- daries of the Proposed district, to the cost of the improvement, to the amount proposed to be aSSes- sed against any lot and to the passage of the proposed Resolu- tion of Necessity and the City Clerk be and he Is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper publish. ed in the City of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to !be day fiJCed for Its consideration and unless pro- perty owners at the time of final consideration of said resolution have on file with the Clerk ob- jections to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 26th day of February, 1973. Joøepil J. Bitter Mayor Walter A. Preeler Allan T. Thoms Wayne A. Moldenhauer C. Robert Jultmann Councilmen Attest: Leo F. Frommelt CIty Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeal-Mayor Bitter, COunci1men Juatmann, Moldenhauer, Pregler, Thoml. Nays-None. February 26, 1973 To the Honorable Mayor and City COUncil I hereby submit the attached sheets No.1 to 6 inclusive show- ing a schedule of the proposed valuations and assessments for !be City of DubUque 1973 Concrete Pav- ing with Integral Curb Project No. 1. SUbmitted February 26, 1973. Jobo L. White, P.I!. City Engineer 114 Mayor Bitter moved that the commuoicatlon be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 64-73 BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the attached sbeets No.1 to 6 inclusive are hereby determined to be the sche- dule of proposed assessments for the CIty of Dubuque 1973 Concrete Paving with Integral Curb Pro- ject No.1 and the valuations set out herein are hereby approved. Adopted this 26th day of Feb- I mary, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayoe A. Moldenhauer C. Robert Justmann COuncilmen Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by COun- cilman Thoms. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 65.73 Preliminary Approval of plans, specifications, form of contract, plat, including all items of ma- terial, and all other documents for the construction of CITY OF DU- BUQUE 1973 CONCRETE PAVING WITH INTEGRAL CURB PRO- JECT NO. '1, at an estimated cost of $488,750.56 on the following nam- ed streets: 1. Grandview Avenue from S.P.L. of Whelan Street to the S.P.L. of Delhi Street. .2. Tenth Street from the W.P.L. of Locust Street to the E.P.L. of Bluff Street .Carry over from 1972 Street Progral1L presented and read. special Session, February 26, 1973 Mayor Bitter moved adoption of the resolution. Seconded by COun- cilman Thoms. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilman Justmann, Moldenhauer, Pregler, Thoms. Nays-None. (Nec.sslty for Improvement) RESOLUTION NO. 66.73 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre. pared and approved by the CIty Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessments limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the construction of City of Dubuque 1973 Concrete Paving with Integral Curb Project No.1 on the fol- lowing named streets. 1. Grandview Avenue from the S.P.L. of Whelan Street to the S.P .L. of Delhi Street. *2. TeIith street from the W.P.L. of Locust Street to the E.P.L. of Bluff Street and the intersection of Ninth and Bluff Street. "Carry over from 1972 street Program BE IT THEREFORE RESOLV- ED that the CIty Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this pro- posed resloutlon have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections there. to. Special Session, February 26, 1973 115 Said improvement shall be eon- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been' approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty \ying wibin assessable distance provided by law and in an amount not to exceed the amount provid- ed by law, property wiI be asses- sed whether the same abuts ther- on Or is adjacent thereto accord- ing to area and in. pro¡iortion to the special benefits. cooferred thereby, and, any deficiency shall be paid out. of. the 'street fund, Bonds shall be issued and sold in anticipation of deierred pay- ments of assessments when a con. tract has beën performed and ac- cepted and the proceeds 'thereof used to :pay the contractor. The railway, portion of any street' or assessment district shall be as. sessed to and paid by the rail" way company. The above resolution was intro- duced, approved and ordered plac. ed on file with the City Clerk this 26th day of February, 1973. Approved and placed on file for final action Approved: Joseph J. Bitter . Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Bitter moved approval of the resolution. Seconded by COun- cilman Thoms. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. (Fixing dota of heoring) RESOLUTION NO. 67-73 WHEREAS, the City Council of the City of Dubuque, Iowa has by Resolution No. 65-73 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construction of CIty of Dubuque 1973 Concrete Paving with Inte. gral Curb Project No.1. and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLV- ED,that on the 2nd day of April, 1973,. a public hearing will be held at 7:30 o'clock P.M. CST in. the Council Chamber in '. the City. of Dùhuque atwhÍch time Ìhe owners of property subject, to assessment for the proposed improvemént' may appear aild"make objection to the proposed plans and'. sPecifications and proposed form of contract and at the same time "to the boundaries of the propOsed district to the cost of the improvement, to the amount proposed to be, assessed against any lot and to the passage of the proposed Resolution of Neces- sity and the CIty Clerk be and he is 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 to the day fixed for its 'considera- tion and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on re- cord its final decision thereon. Passed, adopted and approved lhis 26th day of February, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by Coun- 116 Special Session, February 26, 1973 .Uman Thoms. Carried by the fol- lowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Neys-None. RESOLUTION NO. 68.73 BE IT RESOLVED by the CIty Council of the CIty of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ci- gBl'ettes within the Clty of Du- buque, Iowa, bs granted a permit to sell Cigarettes and CIgarette papers within said CIty. Peter J. Takos, 1902 Central Ave- nue BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 26th day of February, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt CIty Clerk Mayor Bitter moved adoption of the resoluUon. Seconded by COun- cilman Moldenhauer. Carried by the followin¡ vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RIi$OLUTION NO. 69.73 WHEREAS, applications for Li- quor licenses have been submitted to this COuncil for approval and the same have been examined, NOW THEREFORE BE IT RE. SOLVED by the City Council of !be City of Dubuque, Iowa, that the followiD¡ applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 131...... amended by the 60th General Assembly, 1971. CLASS "c" (COMMERCIAL) BEER LIQUOR LICENSE Peter J. Takas, Jr., 1002 Central Avenue ..2'," Carl N. Brant, 2600 CeIIlral Avenue John P. Page, 200 Main Street Passed, adopted and approved this 26th day of February, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert JustOlann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Bitta' moved adoption of the J'8Iolutinn. Seconded by COun- cilman Moldenhauer. Carried by the followinl vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. RESOLUTION NO. 70-73 WHEREAS, applications for Li- quor licenses were filed by the within umed applicants and they have received the approval, of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all CIty ordi- nances relevant thereto and they bave filed proper bonds, NOW THEREFORE BE IT RE. SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the followin¡ named ap. plicants a LIquor license. CLASS "C" (COMMIRCIAL) BIIR LIQUOR LICENSE Peter J. Takos, Jr., 1902 Central Avenue Carl N. Brant, 2600 Central Avenue John P. Page, 200 Main Street Passed, adopted and approved this 26th day of February, 1973. Joseph J. Bitta' Mayor Walter A. Pregler Allan T. Thoms Wayoe A. Moldenhauer C. Robert JusImann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. 8eeonded by COUn- Special Session, February 26, 1973 cilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. There being no further business Mayor Bitter moved to adjourn. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Leo F. Frommelt CIty Clerk 117 Approved .................................. 1973 Adopted """""""""""""""""" 1973 .......................................................... .......................................................... .......................................................... .......................................................... .......................................................... COuncilmen Attest """""""'ëiï;"C¡;;¡;"""""'"