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1973 March Council Proceedings '" .... .... ~ .,; i I ~ " .§ .:: " " 8 ! ~ ë B 1 ::;; .~..... S =j-: i! - - .. ~ '" '-' .,¡-; ~ ! Z .II: ~ po: a ~ u.--¡ e ::t ... . i" IiO'" ~ --. ~ Ii 1 EJ! ¡,; ~ ...., ¡¡: j "11; ... IL~...... .2...., - 0 iHI~a ....... ~ Ell. "... ..~ ... -; E "'1 c::; l ~i] ~ § "iJ t:: -< lions in Dubuque just completed by a nalionally-known consulting firm. This in-deptb report verifies that there is notbing we can do to eliminate the bus losses. We could ouly minimize our losses by reducing bus service. The report further states our ser- vice in Dubuque is good, and ra. ther than reduce service at this lime, we feel that a decision re- garding future bus service should be made by the people of Du- buque. Therefore, to demonstrate our beNef that Dubuque needs a bus system, we hereby offer to turn over at any date agreeable to the City prior to August 31, 1973, all of our real and personal bus trans- portalion property, including the bus barn at 24th Street, all items of any kind associated with the bus operations, with the exception of one truck, for the sum of One Dollar ($1.00). Your decision with respect to our offer will be appreciated at an early date. INTERSTATE POWER COMPANY R. J. Dyer District Manager Mayor Bitter moved that the cGmmunicatiGn be received and filed and referred to the CGuncil. SecGnded by CGuncilman Pregler. Carried by the fGllGwing VGte: Yeas-MaYGr Bitter, CGuneilmen Justmann, MGldenhauer, Pregler, ThGms. CGuncilman TbGms mGved that the City S<>licitor and staff be in. structed to draft a resolution urg. ing the Interstate Power CG. to extend the time Gf acceptance Gf their Gffer to January 1, 1974. Se- conded by CGuneilman Justmann. Carried by the following VGte: Yeas-MaYGr Bitter, CGuncilmen Justmann, Moldenhauer, Pregler, ThGms. Nays-NGne. 120 Adjourned Regular Session, March 6, 1973 Adjourned Regular Session, March 6, 1973 121 CITY COUNCIL OFFICIAL Adjourned regular s e s s ion, March 6, 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. MaYGr Bitter read the call and stated that service thereof had been duly made and this meeting is an adjourned meeting of the regular meeting of March 5, 1973, called fGr tile purpose Gf acting upon such business as may prG' perty come befGre the meeting. CGuncilman Justmann mGved that the rules be suspended to hear a report Gn the Washington trip made by MaYGr Bitter, CGun- cilman Pregler, and ThGms. Se- cGnded by CGuncilman M G Ide n- hauer. Carried by the fGllGwing VGte: Yeas - CGuncilmen Justmann, MGldenhauer, ThGms. Nays - Mayor Bitter, CGuneil- man Pregler. Mayor Bitter, CGuncilmen Preg- ler and Thoms reported on their trip to Washington seeking infor- mation on federal funding Gn the prGposed new bridge and also Gn Bus transpGrtatiGn. March 1, 1973 The Ho,wrable MaYGr and City CGuncil It is with regret that the Com. pany after these many years Gf Gperating a bus system in the City of Dubuque must nGW file this letter with YGU pursuant to a prior communicatiGn dated August 24, 1956. As agreed in the above men- tioned letter, we now advise YGU of our deciSlÎGn to discGntinue our bus operations at the clGse Gf busi. ness on August 31, 1973. The an- nual decrease in revenue passen- gers and the assGCiated increased costs Gf prGvidiug bus service has reached a IGSS Gf such magnitude that the CGmpany can nG longer cGntinue to absorb this IGss. Presented with this letter is a copy Gf a survey Gf Gur bus Gpera- .." month Gf January 1973. Also report Gf Water Superintendent. Gilbert D. Chavenelle City Manager CGuncilman Pregler moved that the communicatiGn be received and filed. SeCGnded by CGuncilman ThGms. Carried by the fGllowing vote: Yeas-MaYGr Bitter, Councilmen Justmaon, MGldenhauer, Pregler, Thoms. Nays-NGne. Proof of Publication, certified to by the Publisher, Gf Statement Gf Receipts, Disbursements and list of claims fGr January 1973, pre- sented and read. CGuncilman Preg- ler moved that the proof Gf publi- catioo be received and filed. Se- conded by CGuncilman Thoms. Car- ried by the following VGte: Yeas-MaYGr Bitter, CGuncilmen Justmann, Moldenhauer, Pregler, ThGms. Nays-NGne. March 2, 1973 HonGrable Mayor and Members Gf the City CGuncil This is to advise Gf filing the follGwiug bond and deSlire to have your approval on same. Iowa Official Bond RGmGIo N. Russo, Western Sure- ty CGmpany BGnd No. 5122316 fmm M"rch 1st 1973 ro March 1st 1974. Gilbert D. Chavenelle City Manager CGuncilman Pregler mGved that the bond be received and filed. SecGnded by CG1I\lcilman Thoms. Carried by the following vote: Yeas-MaYGr Bitter, CGunellmen Justmann, MGJdenhauer, Pregler, ThGms. Nays-NGne. February 26, 1973 TG the HGnGr"ble MaYGr and City Council I herewith submit the reports of the City Treasurer, City Audi. ror, Health Department, as well as a list Gf claims paid, for the March 1, 1973 HonGrable MaYGr and M~mbers Gf the City CGuncil In acCGrdance with the p r G- visiGUS Gf Ch"pter 365 Gf the 1971 CGde Gf IGwa, the Civil Service CommlssiGn cGnducted entrance examinatiGns Gn NGvember 15, 1972. The fuliowdDg Darned appidcant has passed both the written and physical examinations and is here- by certified fGr appointment to the POLICE DEPARTMENT. Flannery, RGbert W. ..............116% Gerard B. Noonan Chairman Marvin A. VanSickle LGuis F. Fautsch Civil Service CGmmis- siGn Attest: LeG F. Fmmmelt City Clerk Subscribed and sworn ro befGre me this 5th day Gf March 1973. Eugene J. Berens Notary Public CGuneilman Pregler moved that the communicatiGn be received and made a matter Gf recGrd. Second- ed by Councilman Thoms. Carried by the fGllowing VGte: Yeas-MaYGr Bitter, CGuncilmen Justmann, Moldenhauer, Pregler, ThGms. Nays-None. N<>tice Gf Claim Gf Justin & De- IGres Finn, in the amGunt of $163.45 fGr car damage incurred as the result Gf being struck by a city- owned salt truck on King Street Gn February 19, 1973, presented and read. MaYGr Bitter mGved that the claim be referred tG the City Atrorney for proper actiGn. SecGnd- ed by CGuncilman Justmann. Car- ried by the fGllowing VGte: Yeas-Mayor Bitter, CGuncilmen Justmann, MGJdenhauer, Pregler, ThGms. Nays-N<>ne. CGmmunicatiGn of City AttGrney submitting DGck Board Resolut!Gn recGmmending adGptiGn and City Ordinance relating to boathouses moored ro city-owned property. CGuncilman Pregler moved that the cGmmunicatiGn be referred to the meeÜDg scheduled fGr March 26th. Seconded by CGuncilman Thoms. Carried by the fGllowing VGte: Yeas-MaYGr Bitter, CGuncilmen Justmann, MGJdenhauer, Pregler, ThGms. Nays-None. DGck BGard resolution NG. 3-73 apprGving Ordinance prepared by the City AttGmey governing the use of the waterfr<>nt by fi<>ats and repair. and launclbing of boa-ts, presented and read. CoUllcilman Pregler moved tba,t the reooluUoo Adjourned Regular Session, March 6, 1973 Adjourned Regular Session, March 6, 1973 123 the Telegraph.Herald, a newspaper by CGuncilman Moldenhauer. Car- of general cireu1ation published in ried by the f<>il<>wing vote: the City Gf Dubuqne, IGwa Gn Feb- Yeas-Mayor Bitter, CGuncilmen ruary 1, 1973 and February 8, 1973, Justmann, Moldenhauer, Pregler, City CGuncil of City of Dubuque, 1boms. Iowa, met on .the day Gf March, Nays-NGne. 1973 at 7:30 o'cl<>ck P.M. (Central Standard Time) in the City CGuneil Chamber, City Hall, Dubuque, IG- wa to cGnsider the proposal I<> diSpOse' of interest Gf the City Gf Dubuque, IGwa Gf a platted, but unopened, street knGwn as L<>t 4B of Mineral LGt 472 in the City of Dubuque, IGwa to Dubuque CGm- munity Sehool District; and WHEREAS, City CGuncil Gf Du- buque, Iowa Gverruled any and all objectiGUS, Gral Gr written, I<> the proposal I<> dispose Gf interest of City of Dubuque, IGwa, in the above described real estate to Du. buque CGmmunity ScI1ool District: Now Therefore be It resolved by the City Council of the city of Dubuque, Iowa: Saétiolt 1. That the disposal of interest of City of Dubuque, IGwa in real estate I<> Dubuque CGm. munity School District covering the following described real estate, t<>- wit: I L<>t 4B Gf Mineral LGt 472 in the City Gf Dnbuque, Iowa for . the pnrchase price of $205.49 t<>getber with costs of publicatioo. Section 2. That the City Clerk be and he Is hereby authorized and directed I<> deliver deed Gf cGnveyance I<> Dubuque CGmmuni- ty School District upon receipt Gf the purchase price of $205.49 1<>- gether with costs Gf publication. Sectl... 3. That the City CJm-k be and he is hereby authorized and directed I<> record a certified copy Gf this Resolutioo in the office Gf the Dubuque CGunty RecGrder. Passed, approved and adGpted this 6th day.GfMarch, 11173. Joseph J. Bitter Muor Walter A. Pregler Allan T. TbGms Wayne A.. MGldenhauer C. RGbert Justmann CGuncilmen 122 Justmann, MoJ4enhauer, Pregler, Thoms. Nays-NGne. NG written. Gb~tions were filed and nG oral objectors were present in the C<>uncll Chamber at the time set for the public hearing. ORDINANCE NO. 6-73 Vacati... and III. of lot 4B of Mineral Lot 472 to the Dubuque Community School Diltrlct, said Ordinance havmg been previ- Gusly presented and read at the City CGuneil meeting Gf JanUary 29,1973, presented for final lOOP- lion. be referred I<> the meeting scI1edul- ed lor Mardl 26th. Seconded by CGunclIman 'Iboms. CUried by the folIøwing vote: Yeas-Mayor Bitter, Councllmen Justmann, MGldenhauer, Pregler, Thoms. Nays-NGne. ORDINANCE NO. 14-73 Regulating the use of the muni. cipally owned wlterfront .stablish. ing ChargH for tho ".. thoroof and regulating the construction of now boat housH, presented and read. CGuncilman Pregler mGved that the reading just had been CGnsider- ed the first reading Gf the Ordin- ance. SecGnded by CGllllcil man ThGms. Carried by the fGllowing VGte: Yeas-MaYGr Bitter, Councilman Justmann, MGldenhauer, Pregler, Thoms. Nays.-NGne. CGuncilman Pregter moved that the rule requiring an Ordinance to be read on three separate days be waived. SecGnded by CGuncil. man TbGms. Carried by the f<>llow- ing vote: Yeas-MaYGr Bitter, CGuncilmen Justmann, Moldenhauer, Pregler, Thoms. Naye-None. CGuncilman Pregler moved that a public hearing be beld GOt the Ordinance on March 26th, 1973, in the CGuncil Chamber at the City Hall at 7:30 P.M. and the City Clerk be instructed I<> publish notice Gf hearing. Seconded b y CGuncilman TbGms. Carried by the fGllowing VGte: Yeas-Mayor Bitter, Councilmen Justmann, MGldenhauer, Pregler, ThGms. Nays-None. Proof Gf Pubtication, certified to by the Publisher, of nGtice of hear- ing of vacatiGn and sale of LGt 4B Gf M. L. 472 I<> the Dubuque CGmmunity Sehool District, being part Gf an unopened street along Linwood Cemetery, presented and read. CGuncilman Pregler moved that the proof of publication be received and filed. Seconded by Mayor Bitter. Carried by the foll- owing vote: Yeas-Mayur Bitter, CGuncilmen March 1, 1973 Honorable MaYGr and CGuncilmen On September 20, 1972 the Dubn- que Planning and Zon.lng CGmmis. Mon received the petition of Mrs. Ruth Nash requesting inclusion of her property at 471-473 West Fourth Street in the prGfessional office classification of the Multiple Resi- dence District. It was the intenti<>n Gf the petitioner I<> resl<>re this property and I<> seek permissi<>n to use part of it as an art gallery, in accGrdance with the provisioos Gf Ordinance No. 28-70. This Or- dinance prGvides fGr the issuance of Special Permits for limited CGm. mercial activities in structures IG- cated in the pr<>fessiGnal office zcme which have been deSlignated as his- t<>rically Gr architecturally signi- ficant. In CGnsidering this petitiGn, the Planning and Z<ming CGmmis8ÌGn undertook a study Gf the cGncept and feasibility of historical restora. tiGn in the vicinity Gf the West FGurth Street Elevator. Copies of the Planning and Zoning CGmmis. siGn report 00 this matter are here- with tranamitted for YGur consid- deratioo. At the CGnclusiGn Gf its study, the Planning and Zoning CGmmis. sioo elected I<> cGndnct a public hearing Gn a pr<>p<>sal to extend the pr<>feSSlÎGnal office sub-elassi- fication I<> the Nash prGperty and I<> all Gther prGpertles mnting on West Fourth Street west Gf Bluff Street. This public hearing was held Gn February 21, 1973 and waa preceded by a general information- al meeting CGnducted in the neigh- borhood Gn February 8th. The public hearing brGught forth an abundance of thoughtful and valuable testimGny on both sides of the restoration issue. Based on this testimGny and on the results of the CGmmission's study Gf the area, the following recGmmenda- tions have been aOOpted: 1.C<>ntinued pmperty mllÍllten. ance and 'rehabilit!ttiGn in the Fourth Street Elevator area is in the general public Interest. -- ...Of the CIty CI... be on. he " henbv .- .. ....... a ¡:r~'l'ca ':r~of.~,,!:,na= ,¡; D'¡.":.~=. ~:X..'":":; app..." thl, 6th .ay of """'1. lM'riv .J:::::10< . Mol.""'." C. J..Im..", Councilmen ATTEST Leo F. CIty . P.O""', Ha,al. Ma,d>. 'r..r--.J.'z~a~ 'Leo F. F- CltyC- 11. ", CGuncilman Thoms mGved final aOOpUGn of the Ordinanee. Second- ed by CGuncilman Pregler. Carried by the following VGte: Yeas-MaYGr Bitter, CGuncilmen Justmann, Moldenhaúer, Pregler, ThGm.. Nays-None. RESOLUTION NO. 71.73 WHEREAS, pursuant I<> Resolu- tiGn of published nGtice of time and place of hearing pubUsbed in AUest: LeG F. ,Frommelt CIty Clerk Councilmaø Justmann mGved a- dopt!Gn of the 'resolution. SecGnded --------- -- -- 124 Adjourned Regular Session, March 6, 1973 2. The area, presently and histor- I icaUy, Is predominantly residential in character and its rich historical and architectural flaVGr derives fr<>m that use. The predGminant use and essentì..1 character of the area slmu:ld be preserved. 3. Recent Gbservation reveals a continuing en.croadmlent of gene- ral cGmmercial uses and a gradual decline Gf structural and environ- mental cGnditiGns in the Cathedral NeigbbGrhood, despite Isolated ef- fGrts to renovate individual pro- perties for residential p\lI' )(}ses. 4. As discussed in the CGmmis- siGn's report, certain types Gf limit- ed commercial or semi-eommerclM activities may be appmpriate in the area and may, in fact, Gffer the Gn!y econGmicaUy-sGund means fGr attracting private rehabilita- tiGn investment. 5. There appears to be reasGn- able evidence that limited com- mercial activity could Gperate withGut necessarily diminishing the value Gf the area for continued residential use. 6. The questiGn Gf whether fu- ture lImited CGmmercial activity is cGmpa,tible with the residential character of the area. Gr with City preservatiGn planning gGaJs can be answered only in response to each specific request fGr a Special Per- mit I<> allow limited commercial activity in the Eleval<>r area. 7. Extending the prGfessiGnal zone to include pmperties facing on West Fourth Street dGes not carry, in itse]¡f, any signifiœut threat Gf incGmpatible development but is rather a necessary inter- mediate step for possibly allowing future lImited CGmmercial activity. 8. Extending the prGfeltSiGnal Gf- fice wne to include the We s t FGurth Street frGntages is appr<>- priate at this time. CGnsideration shGuld be given to the later ex- tenSlion of the zone to include the area fr<>m West Third to West Fifth Street in ree<>gnltiGn Gf the area as a unified district fGr plan- ning and for preservatiGn purposes. 9. Tbe Special Permit require- ment fGr commercial establish- ments provides effective oontrGI of potentially undesirable activities tbru the public hearing process and tbru the power Gf the Bœrd of Adjustment to establish condi- tions and safeguards for individual uses. 10. Specific guidelines should be directed to the Board of Adjust- ment for CGnsideration of Special Permit applications, and should in- clude the fGUGwing: a) In each individual case it should be determined that the pmposed use is compatible with the essential residential charac- ter Gf the neighborhood. b) Each individual request fGr a Special Permit I<> ail<>w limited cGmmercial activity shall be ac- cGmpanled by detailed plans for aU aspects of the proposed use. Such plan should refiect gene- rally applied standards for hia- torical preservatiGn and restGra- tiGn activity, consistent with the unique character of the Fourth street Eleval<>r area. c) Plans should include de- tailed descriptions of uses and acitivites proposed, hours Gf Gpe- ration, interior changes, exterlGr restoratiGn schemes, Sligns, park- ing, site impmvements, number of emplGyees, etc. d) In no case shGuld directly- illuminated signs be allowed. Signs that are n<>t an integral part Gf the structure should be strictly limited in size, design and location. e) Special attenUGn should be given to such elements as pro- posed exterior alteratiGns, CGIGr schemes, signs, and pmvislon Gf off-street parking and access. f) Time limits shGuld be set for completiGn Gf restoratiGn wGrk if the Special Permit is I<> remain vaJdd. Special Permits for limited CGmmercial activity shGu!d not be transferable. g) Special Permits fGr limited commercial activity should be revGCable in the event that the original intent is not earried Gut. On a unanimous VGte, the Du- buque Planning and Zoning CGm- mission has recommended that you adopt the pmposed wning reclas- sificatiGn, subject I<> the findings and cGnditiGns noted above. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Adjourned Regular Session, March 6, 1973 125 CGuncilman ThGms moved that the cGmmunicatiGn be received and filed. See<>nded by CGuncilman Justmann. Carried by the fGUGW- ing VGte: Yeas-MaYGr Bitter, CGuncilmen Justmann, Pregler, Thoms. Nays-NGne. Abstained - CGuncilman MGI- denhauer. CGmmunication Gf Kathleen Mas- terpole, attGrney, representing eighteen residents in the FGurtb Street area Gbjecting I<> the pro- posed amendment I<> Article IV Section 2 (h) Gf Zoning Ordinance No. 3-34, presented and read. Coon- cilman Thoms moved that the CGm- municatiGn be referred I<> the date of public hearing Gn the Ordinance scheduled fGr March 28th. See<>nd- I ed by CGuncilman Justmann. Car- I ried by the following vote: Yeas-Mayor Bitter, CGuncilmen Justmaon, Pregler, ThGms. Nays-NGne. Abstained - CGunciIman MGI- denhauer. Petition Gf Mrs. RtIÜI Nash et al (502 signers) supporting the re- commendation of the ffisl<>rical S<>- ciety relative I<> the restoratiGn of historically significant buildings on 4th Street with this in mind allGw the operatiGn of a limited art gallery in the Nash building at 471-473 4th Street as an econo- mical way to preserve the build- ing, presented and read. CGuncil- man TbGms moved that the pe- tition be referred I<> the date Gf public hearing Gn the Ordinance scheduled fGr March 28th. SecGnd- ed by CGunciIman Justmann. Car- ried by the following vote: Yeas-MaYGr Bitter, CGuncilmen Justmann, Pregler, Thoms. Nays-None. Abstained - CGuncilman MGI- denhauer. Petition of Russell and Ruth Nash requesting rewning classifi- catiGn of their prGperty at 471-473 West 4th Street fGr professiGnal Gffice use, presented and rea d. CGuncilman Tboms moved that the petition be referred I<> the date Gf public bearing on the Ordinance scheduled for Mareh 28th. Second- ed by CGunediman Justmaun. Car. ried by the fGU<>wing VGte: Yeas-MaYGr Bitter, CGuncilmen Justmann, Pregler, ThGms. Nays-NGne. Abstaffied - CGuncilman MGI- denhauer. Petition Gf Elizabeth RGbertsGn et al (7 Sligners) requesting re- zoning of the Fourth Street area, hGping to restore the building at 473 W. 4th Street as a hisl<>rical structure, presently operating as FGurth Street Artists' Cooperative, presented and read. CGuneilman Thoms moved that the petitiGn be referred to the date Gf public hear- ing on the Ordinance acheduled for Much 26th. Seconded by CGun- cilman Justmann. Carried by the fGUGwing vote: Yeas-Mayor Bitter, CGuncilmen Justmann, Pregler, ThGms. Nays-None. Abstained - CGuncilman MGI- denhauer. Ordinance Amending Ordinance No. 3-34 kn<>wn as the "Zoning M'ap and Zoning Ordinance of the City Gf Dubuque, Iowa" by amend- ing Article IV, Section 2 (h) there- of I<> Include certain described real estate in whkh professional offices Gr stodiGS Gf a physician, dentist, architect, engineer, lawyer, real- tor, insurance, musician, or similar professiGns be permitted (4th street area property), presented and read. CGuncilman ThGms mGved that the reading just had be considered the first reading Gf the Ordinance SecGnded by CGuncilman Jus t- mann. Carried by the fGUGwing vote: Yeas-MaYGr Bitter, CGuncilmen Justmann, Pregler, ThGms. Nays-NGne. Abstained - CGuncilman MGI- denhauer. CGuncilman ThGms mGved that the rule requiring an Ordinance I<> be read on three separate days be waived. SecGnded by CGuncil- man Justmann. Carried by the fol- IGwing VGte: Yeas-M'aYGr Bitter, CGuncilmen Justmann, Pregler, ThGms. Nays-NGne. Abstained - CGuncilman Mol- denhauer. 126 Adjourned Regular Session, March 6, 1973 CGuncilman:l'Iunns . moved that RESOLUTION NO. 72-73 a public hearing be held on the Now, Therefore. belt resolved Ordinance on March 26, 1973, in by tIw city council of. tIw city the CGuncil Chamber at the City of Dubuque; lowo; Hall at 7:30 G'cloek P.M. and the That the Mayor be and he Is City Clerk be direeted I<> publish bereby authorized and directed I<> nGtice Gf the hearing in the manner execute the .Pre-Design Project A- required by law. Seconded by greement No. 73-P-G24 covering the Councilm'an J""nann. Carried by U.S. 561 Freeway Corridor. L<>ca- the fGllowing VGte:' tioii and the CIty Island Mississippi Yeas-Mayor Bitter, Counèilmen River Bridge and CGnneètions. Justmann, Pregler, 'TbG!I1s. ,Passed. apprGved and adopted ~ays-None. this 6th 'day Gf, March, 1973. Abstained - Cciunellman Mol- .wseph J. Bitter denhauer. ' Jlayor ' eli. Wd~rA. Preg1~, P tion Gf L<>ras College, AlPba Al1ån T 'nu>IDS ' Phi ~1I1~a, requestingpermisslon WayJÌe. A: Moldenhal1er, to distribute tags on March 17, C lIbIierl Justmllmi 1973 , and . accept ,contributions In ..' ~en CGnduc';inl "Shamroeks for Dys- Attest: ..". ' tr<>P~ drive,. presented 'and read. teo.F.:FromlDelt, CGunellman . Thoms moved appro- CityC!erk yal Gf Ihe petition with referral . . I<> .1heCity Manager. Secondèdby Councilman Thoms moved aðøp- MaYGr Bitter. Carried by the fol- lion, of the resolutic>n. Secollded lowing VGte: . by Mayor. ] Itter. . Corried by. the Yeas-Mayor Bitter, Councilmen fGUowing vote: J.ustmann, MoldeJJllauer, Pregl~, ~eas-MayorBitter, .CouncilJnen Thoms. Justmann, MGldenhauer, .Pregler, Nays-~one. ThGms. ' " Nays-None. Petition Gf Nationd Foundatioo March of Dimes requesting per- missIon I<> CGnduct Its second an- nod pledgewalk on Saturday April 7, 1973, presented and read. CGun- cilman Tboms moved approvd of the petition with referrd I<> the City Manager. SecGnded by Mayor Bitter. Oarried by the following vote: ' Yeas-Mayor Bitter, CGuneilmen Justmann, MGldenhauer, Pregler, Thoms. Nays-NGne. CGmmunication Gf Dubuque Area Chamber of Commerce, Transpor- tation Committee, urging the ap- pmval and adGptlon Gf a resolution for Pre-Design pmject Agreement with the I<>wa State IDghway CGm- misslGn CGver!ng Project No. U- 561", including a proposed City Ioland bridge across the MIssis- sippi River, presented and read. Mayor Bitter moved that the com- munication be received and filed. Seconded by Councilman Pregl~. Carried by the following vote:. Yeas-Mayor Bitter,' Coúncilmen Justmann, Mo1denhauer, -Pregler, Thoms., . ~ays-NGne. February 28,1973 To the H<>norable Mayor and City CGuneU Enclosed find our 19'12, Stteet Budget RePort which cOntains aU city expen.diturel¡ for &treet re1ated p\lI'POSes ,in 1972. , This report lI1ust be fiJedeach year'by March 10' with the Iowa Highway Commission in' order I<> receive <>U1" Road Use Tax Funds. ResPectfUny, Gilbert D. ChaveneUe City Maøager Councilman Pregler moved that the communication be received and fi1ed. Seconded by CGuncD man ThGms. Carried by the following VGte: Yeas-Mayor Bitter, CoUllcilDien Justmann, Moldenhauer, Pregler, TbGms. Nays-Nooe. RESOLUTION NO. 73-73 ' A, resolution opprovlng official report' of munlclpoiity far munl- cipal.Jt,,-"and Perking, 'from January 1. Im.toDecember 31, 1m. '. , WHEREAS. distribution Gf. ,8%- penditures and receipts Gf Dubuque Adjourned Regular Session, March 6, 1973 127 for "Municipal Street and Park- ing" for the fiscal year from Jan- nary 1, 1972 to December 31, 1972 bas been duly prepared in acc<>rd- &nee with Chapter 312 Gf the 1971 CGde Gf Iowa, as amended and submitted I<> the CGuncil for ap- prGV'IIl; and WHEREAS, this CGuneil has ex- "mined the distributiGn of receipts and expenditures of the City of Dubuque, Iowa for M u n i c i pal Streets and Parking, wherein the receipts and expenditures for the fiscal year are mown. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the distribution Gf receipts md expenditures designated "Of- ficial Report of Municipality for Municipal Streets and parkiing" for the year 1972, knGWU as the Street Finance Report, as berel<>fore pre- pared, be and the same is hereby approved. Passed, adGpted and approved this 6th day Gf March, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. .R<>bert Justmann Counellmen Attest: Lee¡ F. Fr<>mmelt City Clerk. CGuncilman Pregler mGvedadop- tiGn Gf the res<>lution. SecGnded by CGuncilman ThGm$. Carried by the fGll<>wing vote: Yeas-Mayor Bitter, Councilmen Justmann, MGldenhauer, Pregler, Thoms. Nays-NGne. Proofs Publication, certified I<> by the Publishers, Gf NGtice Gf levy of Special Assessments and intenüGn of the CGuncil I<> Issue bonds I<> pay for CGnstruction Gf the Asbury Park SubdivisiGn San- itary . sewer 1972, being an eight inch sanitary sewer fr<>m eXiisting rilanhGle in St. Celia CGurt north- erty to the southerty pmperty line Gf Ashury Park, thence easterty to LGt 2-2-2 of Asbury Park, pre- sented and Tead. NGWrttten, objectiGns were filed aDd ÌIO oral óbjectors were present in the CGuncil Chamber at the time set fGr the hearing. CGuncil- man Pregler mGved that the proof Gf publicatiGn be received and filed Seconded by CGuncilman ThGms. Carried by the f<>llGwing vote: Yeas-MaYGr Bitter, CGuncilmen Justmann, MGldenhauer, Pregler, Thoms. Nays-None. Statement Gf City Clerk that not- ices of levy were mailed by cer- tified mail Gn January 31, 1973 to pmperty owners Gf recGrd sub- ject I<> assessment I<> pay for CGst Gf CGnstructing the Asbury Park Subdivision sanitary sewer, pre- sented and read. CGuncilman Preg. ler moved that the statement be received and filed. Seconded by CGuncilman ThGms. Carried by the fGllowing VGte: Yeas-MaYGr Bitter, CGUIIcilDien Justmann, MGldenhauer, Pregler, Thoms. Nays-NGne. Statement Gf Andrew P. Swartz Gf the Engineering Department certifying that nGtices Gf assess- ment and intentiGn to issue bonds were posted In the assessable area Gf the Asbury Park Snbdivision sewer on February, 8, 1973, pre- sented and read. Councilman Preg. ler mGved that the statement be received and filed. SeCGnded by CGuncilman Thoms. Carried by the fGUGwing VGte: Yeas-Mayor Bitter, CGuncilmen Justmann, MGldenhauer, Pregler, Thoms. Nays-None. RESOLUTION No. 74-73 Schedule of Assessmenh. Resolved by tIw City Council of tIw city of Dubuquo, Iowa: That to pay fGr the construction Gf an 8" sanitary sewer fr<>m the exist. ing manhGle in St. Celia CGurt northerty I<> the sGutherly prGperty line Gf Asbury Park; thence easter- ly to LGt 2-2-2 Gf Asbury Park, knGwn as Asbury Park SubdivisiGn Sanitary Sewer-1972, by Tschiggfrie Excavating CGntractor in fr<>nt Gf and adjoining same, a special tax be and is hereby levied Gn the several lots, and parts of lots, and parcels Gf real estate aU as named, situated and Gwned, and for' the several amGunts set oppo- Fill Dirt, 168.93 Cu. Yd. @ 2.50 .............................,...... 8M, in place, Nursery, 318.0 Sq. yd. @ 1.75 ...... Seeding, 0 Sq. yd.' @.60.... Street ReplltCement .2'>2" HGt-Mix Gver 7" Con- crete, 24.4 Sq. yd. @ 10.00 ..........................,....... CGncrete curb & gutter-- include drive sectiGn ap- ron, 0 Lin. ft. @ 10.00.... Extra WGrk, 1 Lump @ 53.75 128 Adjourned Regular Session, March 6, 1973 site each' l<>t or parcel Gf real estate, as set forth in the follow- ing I!OI1edule. For Asbury Park Subdivision Sanitary Sewer - 1972 LeG C. & Curnelis M. Ave- narius, Lot 1-1-1, Asbury Park Subdivision ...."...... 589.85 Leo C. & CGrnelia M. Ave. narius, 'City Share, Lot 1.1.1, Asbury Park Sub- division .............................. 589.85 William W. Reddick, Lot 2-1-1, Asbury Park Sub- divisiGn ..............................1,027.52 MiltGn J. Jr. & Mary L. Pauly, Lot 1-2-1, Asbury Park Subdivision ............1,027.52 Alfred S. & Sa.Íldra K. Sme- mo, Lot 2-2-1, Asbury Park Subdivision ............1,027.52 Emmet & Marie Winter, Lot 1-1-2, Asbury Park Subdivision ........................1,1127.52 Kenneth J. & Evelyn M. Mentzer, Lot 2-1-2, A1J,- bury Park S"bdivisiGn ....1,1127.52 Earl & Delores PfGhl, Lot 1-2-2, Asbury Park Sub- division ..............................1,284.39 Earl & Delores Pfohl, Lot 2-2-2, Asbury Park Sub- divisiGn .,............................1,027.52 $8,629.21 8" Vitrified Tile Pipe, 524.4 Lin. it..@ $8.25 ............4,326.30 8" Ductile Imn Pipe, 141.6 Lin. it. @ 20.15 ..............2,85:1.24 Chain Link Fence Remove & Replace, 1 NG. Gf @ $100.00 ................................ 100.00 4" Concrete Sidewalk & Driveway Replace, 48 Sq. ft. @ 1.50 ........;............... 72.00 4" CItSt Iron Stub Gut of ManhGle, 3 No. of @ 20.00 . ............,..................... 60.00 Wye Branches 6" x 8", 5 NG. of @ 12.00 ........"...... 60.00 Manhole tap, 1 No. of @ 125.00 ................................ Concrete Manholes, CGm- plete, Height in feet of sidewall, 31' Lin. It. @ 28.00 .................................. Concrete ManhGles, Bases, CGtnplete, 5 No. of @ 60.00 """"""""""""""""" 400.00 Manholes, CGmplete, Bing & Covers, 5 No. of @ 80.00 125.00 868.00 300.00 "'~ 422.32 556.50 -0- 244.00 -0- 53.75 C<>ostructiGn Cost ..........$10,441.11 Engineering & inspection 936.5IÍ 7% - 52 days .................. 105.57 Easements ........................ 549.50 - Project Cost ....................$12,032.68 City Share ........................ 3,403.47 Assessable ..............._........$8,629.21 'City to pay 'h of Ave- narius Assessment.... 539.85 City share Gf Pr<>ject .... 3,403.47 Total City Share ............$ 3,993.32 Passed, adGpted and approved this 6th day Gf Match 1973. Joseph J. Bitter MaYGr . Allan T. Thoms Walter A. Pregler Wayne A. MGldenhauer C. RGbert Justmann CGunci1men Attest: Leo F. Fr<>mmelt City Clerk CGuneilman Pregler mGved adop- tiGn Gf the resolution. Seoonded by CGUDcilman ThGms. Carried by the fGllowing VGte: Yeas-Mayor Bitter, CGuncilmen Justmann, Moldenhauer, Preiller, ThGms. Nays-NGne. Pr<><>i of Publicatioo, certified I<> by the Publisher, of notice of hear- ing to consider proposal I<> authG- rise . the issuance of sewer bonds to pay fGr assessed oost Gf CGn- structing. the Asbury Park Sub- division sanitary sewer 1972, pre- sented and read. CGuncilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Adjourned Regular Session, March 6, 1973 129 CGunci1man ThGms. Carried by the following VGte: Yea......Mayor Bitter, CGuncilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-NGne. RESOLUTION NO. 75-73 Resolution providing for the is. SUanCe of Sewer Bonds for the purpose of providing for the pay. ment of the assessed cost of As. bury Park Subdivision Sanitary Se. wer 1972 being an 8" sanitary se. wer from the existing manhole in St. Celia Court, northerly to the southerly property line of Asbury Park; thence easterly 10 Lot 2.2.2 of . Asbury Park. Whereas the cGntract heretofGre entered inl<> by the City Gf Du- buque, Iowa, for the imprGvements hereinafter described has been rompleted and the City Manager has certified the complelion there- Gf . to the City Couneil and the CIty CGuncil has ascertained the CGst thereGf and has determined that $8,039.40 DGllars Gf the CGst thereof shall be assessed against the prGperty subject to aBSessment therefGr: and Whereas public notice, as pro- I vlded by law, has been published by the City Clerk stating the in- tention Gf the City CGuncil to issue bGnds fGr the purpose Gf pmviding for the payment of the assessed cost Gf said improvement and a public hearing has been held, pur- suant to sucll notice and all ob- jections made thereto have been considered and determined: NOW THEREFORE BE IT RE- SOLVED by the City CGuncil of the City of Dubuque: 1. That to pmvide fGr the pay. ment of the assessed CGst Gf As- bury Park Subdivisi<>n Sanitary Se- wer 1972 being an 8" s.anitary se- wer fr<>m the existing manhGJe in St. Celia CGurt, nGrtberly to the southerly properly line Gf Ashory Park: thence easterty to Lot 2-2-2 Gf Asbury Park. there shall be issued sewer bonds in the amGunt of $8,000.00 DGllars in anticipatiGn ()f the deferred pay- ment of assessments levied for I such improvement. 2. Such bonds .shall be called sewer bGnds; and shall bear the date of ........:and sball be num- bered consecutively: and they shall be numbered, divided into series, and be In such denominatiGns and fGr such maturity dates as are shGwn in the fGllowing table: I-Bonds NG. 1-2, $500.00, April 1, 1974. ~Bonds NG. 3-4, $500.00, April 1, 1975 ~Bonds NG. 5-6, $500.00, April 1, 1976 4--Bonds No. 7-8, $500.00, April 1, 1977 5--Bonds No. 9-10, $500.00, April 1, 1978 6--RGnds NG. 11-12, $500.00, April 1, 1979 7-Bond NG. 13, $500.00, April 1, 1980 6--Bond NG. 14, $500.00, April I, 1981 9-Bond No. 15, $500.00, April 1, 1982 10-Bond No. 16, $500.00, April 1, 1983 3. Said bonds shall bear interest at the rate Gf six per cent per annum, payable annually in ac- CGrdance with CGupons thereto at. tached: 4. Said bonds shall not make the City Gf Dubuque liable in any way, except fGr the applicatioo Gf said special assessment funds. 5. Said bonds shall pr<>vide that they may be payable at any lime prior to the mat<>rity date stated therein at the option of the City of Dubuque and shall be in sub- stantiaUy the followinll fGrm: No. Series NG. CITY OF DUBUQUE SEWER BOND The City of Dubuque in the State of Iowa promises I<> pay as here- inafter mentiGned to the bearer hereof, the sum Gf five hundred dollars with interest thereon at the rate Gf six per cent per an- num, payable annually, Gn the pre- sentatiGn and surrender Gf the in- terest coupons herel<> attached. Both principal and interest Gf this bond are payable at the office Gf the City Treasurer in the City Gf Ðnhuque, in the State ()f Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396 Gf the 1954 CGde of IGwa, as amended, .and the Re- sGluliGn of said City duly passed 130 Adjourned Regular Session, March 6, 1973 Gn the ........ day Gf March, 1973, I being ResolutiGn No. 75--73. ' This Bond is one of a series of 16 bonds, !tll for $500.00 num- bered frGm 1 thrGugh 16, aU Gf like tenGr and date, and issued for the purpose Gf providing for the deferred payment of assess. ments levied for the Asbury Pari< SubdivisiGn Sanitary Sewer 1972 be- ing an 8" sanitary sewer frGm the existing manhole in St. Celia CGurt, nGrtherly to the southerty property line Gf Asbury Park; thence easterty to LGt 2-~2 Gf As- bury Park, as described in said ResolutiGn in said City, which c<>st is pay'able by the abutting and adjacent pmperty alGng said im- provements and is made by a 1Ii.en <>n all of said property. it is pay- able only Gut Gf the Special As- sessment Fund 1296 created by the CGllectiGn Gf said special tax, and said fund can be used for nG Gther purpose. It is hereby certified and recited that all the acts, conditions and tbings required I<> be dGne, pre- cedent to and in issuing this series Gf bonds, have been dGne, happen. ed, and performed, in regular and due fGrm, as required by law and said Resolution, and fGr the as- sessment, cGllectiGn and payment hereon of oaid special tax, the full faith and diligence of said City of Dubuque are hereby rre. vGCably pledged. IN TESTIMONY WHEREOF the City Gf Dubuque by its CGuncil has caused this bond to be signed by its MaYGr and CGunterSligned by its City Clerk and the Seal Gf said City I<> be thereto affixed, this day Gf March, 1973. .................................................... Mayor City Clerk (Form of Coupon) On the ........day of ............, the City of Dubuque, IGwa, prGmises to pay to the bearer, as pmvided in said bond, the sum Gf ...........,.. Dollars, in the office of the City Treasurer in the City Gf Dubuque, being ........ ß1(}nths' interest due that date GO its ............ BGnd NG. .." dated .......................""""" Mayor City Clerk 6. That the Mayor and City Clerk be and they are berebý instructed ...~ to cause said bonds I<> be prepared and when so prepared to execute said bonds and that the City Cterk be and he is hereby inatructed to register said bonds in a book kept fGr that purpose and to then deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed I<> sell said bonds in the manner provided by law, the prGCeeds of said sale to be placed in a special fund to be known as Special Assessment Fund 1296 and paid Gut by him to pay the CGst Gf said CGntract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature Gf the Ma. YGr and CGunterSligned with the facsimile signature Gf the City Clerk. 9. That as fast as funds al1ow, beginning with the seC<>nd year after the payment of interest d\le, these bonds shall be called and retired in the same order as num. bered. The notice Gf electiGO I<> call these bonds shan be given by regular United States mail ad- dressed I<> the last known address of the purchaser. 10. Passed, a<løpted and approv- ed this 6th day of March, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. TbGms Wayne A. Moldenhauer C. RGbert Juatmann CouDdlmen Attest: Leo F. Frommelt City OIerk CGuncilman Pregler mGved adGp- tiGn of the resGlution. Seconded by CGuncilman ThGms. Carried by the following vote: Yeas-MaYGr Bitter, CGuncilmen Justmann, Moldenhauer, Pregler, TbGms. Nays-None. RESOLUTION NO. 76-73 BE IT RESOLVED by the City Council Gf the City Gf Dubuque, !Gwa, that the following having CGmplied with the pmvisi<>na of law relating I<> the sale Gf Ci- garettes within the OIty of Du- buque, IGwa, be granted a permit to sell Cigaret.tes and Cigarette papers within said City. Lew GGre, 2987 Jaekoon Str.eet Adjourned Regular Session, March 6, 1973 BElT FURTHER RESOLVED that the bonds filed with the ap- plicatiGO be approved. Passed, adopted and apprGved this 6th day Gf March, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. TI1<>ms Wayne A. 1\[<>ldenhauer C. RGbert Justmann CGuncilmen Attest: Leo F. Frommelt City OIerk CGuncl1man Pregler mGved adop- tiQfl of the resolutiGn. Seconded by MaYGr Bitter. Carried by the following vote: Yeas-Mayor Bitter, CGuncilmen Justmann, MGldenhauer, Pregler, ThGms. Nays-None. RESOLUTION NO. 77.73 WHEREAS, applicatiGns for Beer Permits have been submitted I<> this Council for approval and the same have been examined; NOW THEREFORE, . BE IT RESOLVED by the City CGuncil of the City Gf Dubuque, !Gwa, that the fGllGwing applica- tiGns be granted and permits is- sued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT 'Dennis 'Albert Althaus, 1575 Cen- tral Avenue CLASS "C" BEER PERMIT I Wimam JGhn White, 1993 Asbury Street Earl E. Schumacher, 2:!04 Central Avenue Phillip Langas, 1105 LGras Blvd. Lucky Stores, Inc., 1800 Elm Street Lucky Stores, Inc., 3033 Asbury Street Lucky Stores, Inc., 3049 Asbury Passed, adopted and approved this 6th day Gf March, 1973. JGSeph J. Bitter Mayor Walter A. Pregler Allan T. ThGms Wayne A. Moldenhauer C. RGbert Justmann CGuncilmen Attest: Leo F. Fr<>mmelt City Clerk 131 CGuncilman Pregler moved adGp- tiGn of the tesolutiGn. Seconded by MaYGr Bitter. Carried by the fGllowing v<>te: Yeas-Mayor Bitter, CGuncilmen Justmann, Moldenhauer, Pregler, ThGms. Nays-None. RESOLUTION NO. 78-73 WHEREAS, applicatiGns for Beer permits were filed by the within named applicants and they have received the apprGval Gf this CGun- cil; and WHEREAS, the premises I<> be GCcupied by such applicants were inspected and found to compty with the ordinances of this City and they have filed proper bGnds; NOW THEREFoRE BE IT RE. SOLVED by the City CGuneil Gf the City Gf Dubuque, IGwa, that the Manager be authorized I<> cause to be issued to the following named applicants a B- permit. CLASS "B" BEER PERMIT Dennis Albert Althaus, 1575 Cen- tral Avenue CLASS "C" BEER PERMIT William John White, 1993 Asbury Street Phillip Laugas, 1105 LGras Blvd. Earl E. Schumacher, 2:!04 Central Avenue Lucky Stores, Inc., 1800 Elm Street Lucky Stores, Inc., 3033 Asbury Lucky Stores, Inc., 3049 Asbury Passed, adopted and appmved this 6th day of March, 1973. Joseph J. Bitter MaYGr Walter A. Pregler Allan T- ThGms Wayne A. MGldenhauer C. RGbert Justmann Councilmen Attest: Leo F. Fr<>mmelt City Clerk Councilman Pregler moved adop- tion Gf the resolution. SecGnded by MaYGr Bitter. Carried by the follGwing vote: Yeaa-MaYGr Bitter, Counellmen Justmann, Moldenhauer, Pregler, ThGms. Nays-None. RESOLUTION NO. 79.73 WHEREAS, applications for li- quor licenses have been submitted to this CGnneilfor approval and the same have been examined; Adjourned Regular Session, March 6, 1973 The Apartments, Ltd., 555 Kennedy Mall Passed, adGpted and approved this 6th day Gf March, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. ThGms Wayne A. Moldenhauer C. RGbert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler mGved adop- tion of the resGlutiGn. Seconded by MaYGr Bitter. Carried by the foll<>wing vote: Yeas-MaYGr Bitter, CGuncllmen Justmann, MGldenhauer, Pregler, Thoms. Nays-NGne. There being n<> futher business CGuncilman ThGms moved I<> ad- J<>urn. SecGnded by CGuncilman Pregler. Carried by the fGllowing vote: Yeas-MaYGr Bitter, CGuncilmen Justmann, MGldenhauer, Pregler, ThGms. Nays-None. Leo F. Frommelt City Clerk 132 NOW THEREFORE BE IT RE- SOLVED by the City CGuncil of the City of Dubuque, Iowa, that the follGwing applicatiGns be grant- ed and licenses issued upon the compliance with the terms Gf the IOWA LIQUOR CONTROL ACT- CHAPTER 13l-as amended by the 64th General Assembly, 1971. CLASS "c" (COMMERCIAL) BEER LIQUOR LICENSE Fraternal Order of Eagles #568, 1175 Century Drive Lewis A. Gore, 2987 Jackson Street The Apartments, Ltd. 555 Kennedy Mall Passed, adopted and apprGved this 6th day Gf March, 1973. JGseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. RGbert Justmann Councilmen Attest: LeG F. Frommelt City Clerk CGuncilman Pregler moved adop- tiGn Gf the resGlution. SecGnded by Mayor Bitter. Carried by the foll<>wing v<>te: Yeas-MaYGr Bitter, CGuncilmen Justmann, MGldenhauer, Pregler, Thoms. Nays-NGne. RESOLUTION NO. 80-73 WHEREAS, app1!.catiGns fGr Li. qUGr licenses were filed by the within named applicants and they. have received the apprGval Gf this Connell; and WHEREAS, the premises to be occupied by such applicants were inspected and found to compty with the State Law and all City Grdi- nances relevant tberel<> and they have filed prGper bonds, NOW THEREFORE BE IT RE- SOLVED by the City CGuncil of Dubuque, IGwa, that the Manager be authorized to cause I<> be is. sued to the fGllGwing named appli- cants a LiquGr license. CLASS "c" (COMMERCIAL) BEER LIQUOR LICENSE Fraternal Order of Eagles #568, 1175 century Drive Lewis A. Gore, 2987 Jacksoo Street Approved ...................."............ UI'13 AdGl!ted ............"...................... 1973 ............................................................ ............................................................ ............................................................ """""""""'(~~~~~i¡-;;;;;~""""""""'" ......................... Attest: """ëïiÿ"Ci~;¡; Special Session, March 12, 1973 133 CITY COUNCIL OFFICIAL. --Ial -"ion, March 12. 1973. Ceuncil met at 7:30 P.M. (C.S.T.) Pr..ont-eyor Bitter. Ceuncil. men Justmann. Moldenhauer, Pregler. Thoms. CIty Manager GII. 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 Gf amend. I... the current City Budget adop.- ted November 6, 1972. and acting upon sucl1 other busine.. as may Pr<>Perly come before a. regular meetiDg Gf the CGuncil. C<>uneilman JlGldenhauer moved that the Law Enforcement Center groupaubmit a report relalive to the expenditure of $3500. additiGnal pmposed to be spent fGr plans as the result of CGnstructioo of a full basement under the pm. posed Law Enforcement C e n t e r building. Seconded by CGuncilman JU$tmann. Carried by the following VGte: Yeas-Mayor Bitter, CGuncilmen Justmatlll, MGldenhauer, Pregler, ThGIII6; Nays-None. CGmmunicatiGn of C. T. Merike requestiDg w!¡y dirty book stores are not wiped Gut locally because this is cGnsidered a Christian com- munity, presented and read. CGun- cllman Pregler moved that the communication be received and filed. Seconded by CGuncllman TIIoms. Carried by the following VGte: Yeas-Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, TbGms. Nays~None. CGinmunication of L G w-Rent HOUBing CGmmiooion SUbmitting their min.utes of a meeting held on. March 2, ,1973. CGuneilman Pregler moved that the cGmmuni. catioo be received and filed. Se- conded by CGuneilman Thoms. Car- ried by the following vote: Yeas-Mayor Bitter,Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-NGne. Communication .of L G W-Rent Housmg ColUmission submitting a determination of a subsidy re- port relative to a local hGusing assistance pmgram especially de- signed .to supplement the rent pay- ing capability Gf lower income hGusebolds, presented and read. CGuncilman Pregler moved that the cGmmunicat!Gn be received and filed. SecGnded by. CGuncilman ThGms. Carried by the following VGte: Yeas-MaYGr Bitter, CGuncilmen Justmann, MGldenha.uer, Pregler, ThGms. Nays-None. CGmmunication Gf Area Residen. tial Care Inc. extending an inVita- lion I<> attend a public Fol"Um en- titled "Who Shall SUrWve" I<> be held Gn March 15, 1973 at St. ReIse Priory, presented and read. Mayor Bitter moved that the. CGmmunica. tiGn be received and filed and that the Clerk be instructed I<> advise the Executive Direcl<>r' 'that the Council wiD not be able to attend doe I<> fGrmer commitments. Se. cònded by eounè:Œnan Pregler. Carried by the follOwing VGte: Yeas-MaYGr Bitter, Councilmen Justmann, Moldenhauer; Pregler, TbGms. Nays-NGne. March 5, 1973 TG Tbe HooGrable MaYGr and CIty CGuneil On August 22, 1972, an exteriGr inspection was made of a vacated frame dwelling by the Housing De- partment, koownas 544-560 AvGn Street, Dubuque, IGwa. Several viG- latiGIU! of the Minimum Housing CGde Were n<>ted, and Gn August 29, 1972, a letter was sent to the alleged cGntract buyer, Mr. George Hayward, 1515 MItin Street, Du- buque, Iowa. At this time the ah<>ve units were posted as unfit for hu- man GCcupancy. On August 30, 1972, an interior inapection was lUade by the HGus- ing Department and a list of viGla. tiGßS was m!tiled I<> Mr. HaYWard. On January 30, 1973, an order was sent by the Housing Depart- ment I<> Mr. George Haywar<l, 105 NG. Edna Street, MaqUGketa, Iowa 52060,.. I<> make the. premises com- ply with the City of Dubuque HGus- ing CGde. I 134 Special Session, March 12, 1973 On February 9, 1973, an order was sent I<> theGwner of reCGrd, James W. Wmall, 632 Chestnut Street, Dubuqne, Iowa, I<> make the premisescompty with the City Gf Dubuque Housing COOe. On February 16, 1973, an order was sent I<> the Gwner of recGrd, James W. Wt<>all, 632 Chestnut Street, Dubnque, I<> dismantle the structure and clean up the pre- mises. This order has J1(}t been complied with and I recGmmend to. the City CGuncil that the prGviSlÎons Gf Or. dinance No. 35-52 be enforced and the owner of said building, known as M4-I56O Avon Stret!t and located 00 Lot 8 of M.A. McDaniels Sub- division, CIty of Dubuque, IGwa, be required to dismantle said buildings and clean up the pre- mises. ' Gilbert D. ChaveneUe CIty Manager ' Couneilman Pregler moved that the communication be received and a 'public hearing be held on April 9, 1973 and the Clerk be instructed to publish NGtice. SecGnded b y CGuncilman Moldenhauer. Carried by the following vote: Yeas-Mayor Bitter, CGuncilmen Justmann, MGldenhauer, Pregler, ThGms. Nays-NGne. Mareh 1, 1973 To The Hon<>rable MayGr and CIty Council During the past several years many cGmplaints. have been reo ceived regarding the CGndition of a vacant dwelling - as 1637 Iowa Street, Dubuque, Iowa. On May 22, 1969, an inspectioo was made. by the H<>IlSing Depart. ment, and at this time the buIlding was deteriGrating I<> lack Gf Gr- dinary maintenance and repair and extreme vandalism, and is a fire hazard I<> adjoining properties. Most windows are bmken, some boarded up. The' porches are un- safe and the ro<>f has deteriorated. The interior has been stripped Gf all light fixtures, door knObs and lavatories. On January 15, 1973, a fire in the. dwelling apparently. resulted in extensive damage to '.the in- teriGr, ro<>f and roof struct<>re. On January 17, 1973, a requeot was sent I<> the owner I<> correet viGlations within ten (10) days. En- clGsed a CGPy of Section 3.5, "Right of Appeal." On February 16, 1973, an order was sent to the Gwner Gf recGrd, Mr. J<>Im A. Nagle, Canfield Hotel, 36 West 4th Street, Dubuque, Iowa, to dismantle the stnJetùre and cleanup the premises. This Grder has not been cGmplied with and I recommend I<> the CIty CGuncil that the pmvislolÌ8 of Or- dinance No. 35-62 be eafGrced and the Gwner of said building, known as '1637 Iowa Street, and, located on the south \!I of E. \!I ,of . CIty Lot 746 in. the CIty' of Dnhuque, Iowa, Mr. J<>Im A. Nagle of Du. buque, Dubuque County, Iowa, be required to dismantle said building and clean up, the premises. Gilbert D. Cbavenelle CIty Manager Councilman Pregler moved that the communicatiGn be received and filed and a public hearing b.. held on 'April 9, 1973 í1nd the CIerI¡ be instructed I<> publish notice. Se- CGnded by CGuncilman Mol d e n- hauer. Carried by thefGllowing VGte: , Yeas-:-MaYGr Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-NGne. March 5, 1973 To The HonGrable Mayor and City Council . On August 22, 1972, an exterior inspection was made of a vacated frame dwelling by the Housing De' partment, kDown as 570-582 Avon Street, Dubuque, Iowa. Several vi<>- lations of the' MinilDum Housing COOe were n<>ted, and on August 24, 1972, a letter was sent I<> Mrs: Margaret Steichen, 1.- Wlrite Street, Dubuque, Iowa, listing the violatiGnsand I<> .notify the owner that the structure has been posted as unfit for human GCeupancy. On November 6, 1972, a com. plete inspectíGn was made by the Housrog Department of the struc- ture, and' a letter was sent to Mrs. Steichen noting the results of this survey. . On January 30,1973; the Housing Department sent an order tc>Mrs. Steichen I<> make the'. premI.es Special Session, March 12, 1973 135 comply with the City of Dubuque Housiug COOe. On February 16, 1973, an order was sent I<> the owner Gf recGrd, Mrs. Margaret Steichen, 1 9 5 0 '"' Wlùte Street, Dubuque, Iowa, I<> dismantle tile structure and dean up the premises. 'Ibis. <>rder has not been CGm. plied with and I recommend I<> the City Council that the provisiGos of, Ordinance NG. 35-52 be enforced and the ewner of. said. building, l!1IeWJ!, as,.510-581! Avon Street and loç"ted on Lot 1 Gf M. A. Mc- D~els .~divisipn,. City of Du- buq1 a, JGwa, . be required I<> dis- mantle said building and clean up the; premises. Gilbert D. Chavenelle ..City Manager 'COÓnéllmanPregler moved that the eommUDÍcation be reeeived and flted Ìi.nda PUblic hearing be held Gn,' April' 9, '1973 ~ the Clerk be"instructed I<> publish notice. Se- conded by CGuncilman Mol den- ha""r. Carried by the follGwing vote: Yeas-MaYGr Bitter, COuncilmen Jn8tmann, Moldenhauer, Pregler, Tbòn1s. Này&-'Nene. March 8, 1973 To The Honorable Mayor and' City Couneil On October 12, 1972, an inspec. tion was made Gf a vacated frame dwel1iug, by the HGusing Depart- ment, known as 446 East 14th Stréet, Dubuque, IGwa. Several viG- latiGns of the Minimum Housing Code were noted, and on Ocl<>ber 30, 19'12, a letter was sent I<> the °W/ICrs, TimGthy B. and Lu1a M. Sargent, R.R. #2, Dubuque, IGwa. At this time above unit was posted as unfit for human QCcupancy. On February 7, 1973, an Grder was sent to, the owners of ree<>rd, Timotby ,B. and Lula M. Sargent, R,R., #2,Dubuque, Iowa, I<> dis- mantle and elean up the premises. Tbis order ha& not been cGmplied with and I recom>nend I<> the City Couneil that the provision.!l of Or- dinance NG. 35-52 be enfGrced and I the owners of said building, knGwn as 446 East 14th' Street and lo- cated on Lot 2' of Subdivision 192, East Dubuqne Addition, City of Ðubuqùe, lòWa, be required I<> dis- mantle said buildings and clean up the premises. Gilbert D. Cltavene\le City Manager CGuncüman Pregler moved that the CGmmunicatiGn be received and filed and a public hearing be held Gn April 9, 1973 and the Clerk be instructed I<> publish notice. Se- cGnd !d by CGuncilman M G Ide n- hauer. Carried by the fGllowing VGte: Yeas-Mayor Bitter, CGuncilmen Justmann, MGldenhauer, Pregler, Tbom$. Nays-None. , March 5, 19i'3 TG the Hooorable MayGr and City CG~cil { herewith submit the 1m Fi- na!lcial RePGrt Gf the City Auditor. GilIJert D. Chavenelle City Manager MaYGr Bitter moved that the re- PGrt be received and 'filed. Second- ed by Couneilman Jnstmann. Car- ried by the following' vote: Yeas--MaYGr Bitter, CGuneilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-NGne. March 6, 1973 To the HGnGrable MaYGr and City Council I submit the certified audit re- port Gf the Parking Facilities for the year ending December 31, 1972. Gilbert D. Chavenelle City Manager MaYGr Bitter mGved that the re- port be received and filed. Se- conded by CGuneilman Justmann. Carried by the following VGte: Yeas-MaYGr Bitter, Councilmen Justmann, M<>ldenhauèr, Pregler, Thoms. Nays-None. March 8, 1973 TG the HonGrable MaYGr and Members of the CIty CGuncil This is I<> advise that I have approved the following PGlicles and bonds, and desire I<> have YGur apprGval GO same. Cornp..heMive Liability Tri-8tate Paving CG., Bituminous Casualty CGrp. Fire &. Marine Ins. CG. No. GA 736701. Fondell &. Sons Inc., HartfOrd Ac. cident &. Inderrmity, NO.' &'I C- 500955. R<>ad to east street line <>f JGhn F. Kennedy RGad, thence North- easterly 153.87 feet along the eas- terly street line <>f John F. Ken. nedy RGad and along a curve con- cave northeasterly having a ra. dius Gf 851-6 feet, thence NGrtb 374.5 feet alGug said east street line Gf said JGhn F. Kennedy RGad to point of begiuniug, in the City Gf Dubuque, Iowa. The Planning and Zoning CGm. mission has noted that a study <>f traffic and lànd use in the John F. Kennedy' RGad Corridor has been prGposed and that tis study is to be completed in June <>f this year. It was als<>' noted that the pr<>perty Gf the currènt petition is part of a 1arger undevelGped tract. Because òf its size and 10' catiGn, the development of t his large tract w<>uld have a critical influence Gn traffic conditions 00 John F. Kennedy RGaÍl. It was the Gpinion Gf the CGmmissiGn that an action I<> permit anything other than residential use on this ]Jr<>- perty should be delayed until a plan fGr corridor traffic and land- use cGuld be devised. The Dubuque Planning and Zon- ing CGmmission has voted to table this petition until the regular meet- ing Gf May 16, 1973, and to re- view it at that time in relation to the preliminary findings Gf the pmposed JGhn F. Kennedy R<>ad Study. The CGmmission respect- fully requests your CGucurrence in this action. , CITY PLANNING AND ZONING COMMISSION Daniel Dittemo.re Development Planner Communicati<>n of Delos Dorwel- ler being in full favGr Gf granting Phil Power's request for rez<>ning as being a reasGnable reZGning re- quest presented and read. CGuncil- man Pregler mGved that the CGm- munication be received and file( . SecGnded byCounclIma¡¡ Thoms. Carried by the follGwing VGte: YeaS-Mayor Bitter, Councilmen Justmann, MGldenœuer, Pregler, Thoms. Nays-None. CGuncilman Pregler moved that the roles ,be susPended in òrder I<> let 'anyone"preseat address the Council if they æ deSlire. Second- 136 Special Session, March 12, 1973 Special Session, March 12, 1973 137 William Spiegel, Grinnell Mutoal I Reinsurance Cò., NG. GL 13-020818. Sidewalk Construction Bonds William Spiegel, Grinnell Mutoal Reinsurance CG., NG. 08-001121. Raphael H. Strub, Merchants Mu- tual Bonding CG., NG. 279084. Gilbert D. Chavenelle City Manager MaYGr Bitter mGved that filing of the policies and bonds be ap- proved. Seoonded by CGuncilman Pregler. Carried by the follGwing vote: Yeas-MaYGr Bitter, CGuncilmen Justmann, MGldenhauer, Pregler, Thoms. Nays-None, CGmmunicati<>n Gf Planning & Zoning CGmmiSSlÎon submitting mi- nutes of their meetings Gf Feb- ruary 21, 1973 and Febrwary 28, 1973, presented and read. Mayor Bitter moved that the minutes be received and filed. Secooded by Councilman Justmann. Carried by the fGllowing vote: Yeas-Mayor Bitter, Councilmen Justmann, Mo1denhauer, Pregler, ThGms. Nays-NGne. March 9, 1973 HonGrable Mayor and CGuncilmen The Dubuque Planning and Z,ID- ing CGmmissiGu has held a public hearing 00 a petition to extend the pr<>fessional office use classifi- cation of Article IV, SectiGn 2, paragraph (h) of the Zoning Ordi- nance Gf the City Gf Dubuque, IG' wa,to prGperty described as fol- lows: CGmmencing at East *- CGrner <>f Section 22, TGwnship 89 North, Range 2 East Gf 5th Prilwipal Me- ridian, thence E'ast 33.0 feet to eaot street line Gf JGhn F. Ken- nedy RGad, and the point Gf be- giuniug, thence NGrth, 635.1 feet along said east street line to the south line Gf L<>t 2 Gf L<>t 1 Gf "Powers Place", thence East along said south line <>f said L<>t 2 Gf L<>t 1 Gf "Powers Place" and CGn- tinning east a distance of 250 feet, thence S<>nth and parallel I<> east line of said John F. Kennedy RGad to the nGrtherly street line Gf Hill. er.est RGad,. thence, North 78 de- grees'17 feet Westalal1g said nor- therly street line Gf said Hillcrest ed by CGuncilman TbGms. Carried by the fullowing vote: Yeas-Mayor Bitter, CGuncilmen Justmann, Moldenhauer, Pregler, Thoms. Nays-NGne. Mr. Phil PGwers addressed the Council by stating that the prG- perty in question is now zoned Multiple District Classification and be felt that pmfessiGnal use would oot affect the traffic pmblem Gn J.F.K. rGad. CGuncilman Thoms moved that the CGmmunicatiGn of the Planning " ZGning Commission be referred to the meeting G f Marcil 19th. Seconded by CGuncil- man Jnstmann. Carried by the fGI- lowing VGte: Yeas - Councilmen Justmann, Jl4<>ldeuhauer, Pregler, Thoms. Nays-Mayor Bitter. March 9, 1973 Honorable Mayor and Councilmen The City Gf Dubuque Planning and Zoning CGmmissiGn has re- viewed the petition <>f Mr. Eugene Siegert fo.r Mullíple Residence clas- sification Gn property generally known as 2615 Hillcrest Road, and described as L<>t 1 <>f L<>t 2 Gf L<>t 2 Gf L<>t 1 Gf L<>t 1 of L<>t 1 <>f L<>t 1, and L<>t 2 Gf L<>t 2 <>f L<>t 2 Gf L<>t 1 <>f L<>t 1 of L<>t 1 Gf L<>t 1, both in "Chaney Place" in the City <>f Dubuque, Iowa. On .Tune 18, 1971, the CGmmis- sion held a public hearing on an earlier petitiGn for the same re- classification. It was nGted at that time that re.classificati<>n of this site I<> Multiple Residence District would create a new, relatively small ZGning district, primarily I<> 8CCQmmodate one use, and that it CGuld cGnceivably be described as "spot ZGning", without any IG- gical relatiGnship I<> planned land- use in the vicinity. 'l11e Commission has determined that cœditions in the neighborhood are eosentially unchanged fro m 1971, and that their earlier deci- OÏ<>u tis matter should be suB- -..t. It is Ih& recommendation <>f the Planning and Zoning CGm- miaslGn that the petimon be re- jected. CITY PLANNING AND ZONING COJDßSSION Daniel Dittemore Development Planner CGmmunication <>f Alfred E. Hughes, attorney for Eugene Sie- gert requesting permission to ad- dress the Council and that a date be set for a public hearing on tbe Siegert pr<>perty, at 2815 Hill- crest Road. CGuncilman Pregler moved that the oommunication be received and filed. Seconded by C0U11C11man Thoms. Carried by the follGwing vote: Yeas-MaYGr Bitter, Cooncilmen Justmann, Moldenhauer, Pregler, TbGms. Nays-NGne. Mr. Eugene Siegert addressed the CGuncil and requested a pul>- lic hearing Gn the reZGning of his prGperty at 2615 Hillcrest RGad. Att<>rney Wan. McCalliSlter agreed with the recommendaüGn <>f the Planning & Zoning CòmmiSSlÎGn and stated that the neighbors in the area deserve peace and quiet and requested re-affirmati<>n nGt I<> allow any further business en- crGachment on the property. Còuneilman ThGms moved that the rejection of the Planning & Zoniug CGmmissiGn be sustained and a public bearing <>f the Siegert property be denied. Seconded by Councilman Moldenhauer. Carried by the fGllowing vote: Yeas - CGuncilmen MGldenbauer Pregler, Thoms. Nays - MaYGr Bitter, CGuncil- man Justmann. Council recessed at 9:43 P.M. Reconvened at 9:50 P.M. March 9, 1973 Honorable MaYGr and Councilmen Tbe Dubuque Planning and Zon- ing CGmmission has reviewed the petition Gf Mr. Lloyd S. Gudenka<>f requesting vacati<>n <>f an unused p<>rtion Gf Dexter Street between LGt 30 and Lot 31 Gf Woodlawn Park Addition in the City of Du- buque, IGwa (the easterly one-half <>f tbe platted right-of-way between Adair Street and NGrth Grandview Avenue). The CòmmisSlÎ<>u has determined that tbis portion Gf Dexter Street serves ß(} present Gr forseeable purpose asa pubic tbGroughfare, and has, recommended that the platted street between Lot 30 and L<>t 31 in Woodlawn Park Addition be vaeated subject I<> provision 138 Special Session, March 12, 1973 for nece_ry drainage facilities titian attached and Notice of Claim and utility easements. is attached and returned herewith. CITY PLANNING AND R. N. Russo ZONING COMMISSION City Att<>rney Daniel Dittemore CGuncilman Pregler moved ap- Development Planner prGval Gf the recGmmendation. Se- CGuncilman Pregler mGved that cGnded by M.a.YOr Bitter. Carried the recommendatiGn be referred by the fGI!GWUJg vote: for proper prGceedings. SecGnded Yeas-Mayor Bitter, Councilmen by Mayor Bitter. Carried by the Justmann, Moldenhau&r, Pregler, fGllowing VGte: Thoms. Yeas-MaYGr Bitter, CGuncilmen Nays-NGne. Justmann, Moldenhauer, Pregler, NGtice of Declaral<>ry Judgment ThGms. in the case Gf JGhn V. '" Naomi Nays-NGne. R. Meehan vs. Park BGard and March 7 1973 City Gf Dubuque I<> declare the , title to LGt 2 of 1 Gf 1 of Eagle Point View invested in the Park BGard and that the City has au. thority to make a valid exchange with the Meehans, presented and read. CGuncilman PregJer moved that the NGtice be referred I<> the City AttGrney. SecGnded by MaYGr Bitter. Carried by the following vote: Yeas-Mayor Bitter, CGuncilmen Justmann, Moldenhauer, Pregler, TbGms. Nays-None. Proof of Publication, certified I<> by the publisher, of notice of pub- 1Ii.c hearing I<> amend. the current city budget as adopted NGvember 6, 1972. No written objections were flIed and nG Gral Gbjectors were pre. sent at the time set fGr thè public hearing. Councilman Pregler moved that the proof Gf publication be re- ceived and filed. Seconded by CGuncilman ThGms. Carried by the fGllGwing v<>te: Yeas-Mayor Bitter, CGuncllmen Justmann, Moldenhauer, Pregler, ThGms. Nays-None. ORDINANCE NO. 7.73 An ordinance amending the blJdget as approved by Ordinance 1.73 .. said Ordinancebaving been pre. viously presented and read at the CGuncil meeting of February 19, 1973, presented for final adoption. ORDINANCE No 1.13 AN ORDINANCE AMENDING THE BUOGET AS APPROVEO av ORDI- NANCE 1-13. WHERI! IT SSARV TO AMEND T aUDGET TO PROVI lATIONS 10 ~~~s"'¡.'¡.TD IJ~~g~E~i~~~. PROJ. NOW. T REFORE. e.. IT OR. Honorable Mayor and City CGuncil On June 21, 1972, LGu Ann Gre- gGry, a minor, by Leonard Gre- gGry, her father and next friend, and Le<>nard GregGry, individually, commenced an aetiGn against the City Gf Dubuque, IGwa in the Dis- trict CGurt Gf IGwa, in and fGr Dubuque County, Iowa in two counts claiming damages in the amount Gf $13,000.00 in CGunt I for injuries suffered by the said minor child and in CGunt n for damages suffered by the father in the sum Gf $2,000.00. This Original Notice with petiUGn attached was referred I<> the City AttGrney whG interposed a p p r G. priate defenses thereto and the matter was scheduled to be tried before a jury on the 26th day of February, 1973 at which time the plaintiffø made an Gffer of settlement in the sum of $2,400.00. AccGrdingly, it is the reCGmmen- datiGn of the City AttGrney that said Gffer of settlement be accept. ed. The methGd Gf payment agreed upon by the parties, is that the City shall forthwith disburse the sum of $1200.00 payable $600.00 payable I<> LGu Ann Gregory, a minor, and Le<>nard Gregory, her father and next friend, and I<> pay the sum of $600.00 I<> Le<>nard Gre- gGry, individually, and that the remaining $1200.00 I<> he paid shall be by CoofesslGn of Judgment and that the same shall bear interest at the rate Gf five (5%) percent and shall be paid by tax levy in acCGrdanee with law Gn Gr about January 5, 1974 and that the court costs ...e assessed I<> the City. Copy Gf Original NGtice with Pe- Special Session, March 12, 1973 139 ~~~NEc".T~Y o"FHM~1,1,3r:~~A~F That the .nexpend" co'h balance. on he'" 01 Ihe close Of Ihe ._'" ""el y.., end ,.ven... not e..,.. ."et.. In Ihe o,'o'ne' b"""" eo. ."'- bv G""'e- 1-73. e,. hmby ellocet.. end e..'..'¡eted to, .ey- ment Of neœ"..." expend"""' Of cIty oomnment In Ihe following funde end emo.nt" end to Ihet end Ihe e..... ."eflon, ot funde a,. he- e.tho,- lzod to wit, Fond Inem... Gene...' .. Sf,... . ""bllc Selety -"atlon M....lcl.el Enle","ee UfIIlfI.. .. .Recreeflon Road U'e Tex Sewe.. Rente' Pe"".. ... A"""""fIone $ "........ 22.665.'" 11.392.'" ".091.00 3.000.'" 1.157_.00 ........... """0." "7"".'" 3.000.'" Ih"""... Aoo"""ellon TOTAL "'208.823." Pe.... ...- end eoo""'" Ih" 12th day of Me...h. 1973. JoeePh J. Blttet Meyo, Welle, A. P'eole, Allen T. Thome Wayne A. Moldenhe.., C. RObert J.'lmenn Co....cllmen ATTEST, Leo F. F'amme" City CIeri< p.blleh" officially In The Teleo,eph- H"'eld New..a.., Ihle I6Ih day of Me"'" 1973. Leo F. F"""melt CIty Cle'" 11. "'0 CGlillcilman Pregler moved final adGptlGD of the Ordinance. SecGnd- by. Councilman Thoms. Carried by the fGllGwing vote: Yeas-Mayor Bitter, CGuncilmen Júòtmann, MGldenhauer, Pregler, Th(}]ß8. Na)'S-NGne. ORDINANCE NO. 15.73 An Ordinance Amending.Ordinance No. 33-49 known IS the "Traffic Code of Dubuque, Iowa", IS amen. ded by rçeallng suboeCtlon 21 of SectIon A of Schadule IV thereof and enacting. new suboection 21 to Section A of Schodul. IV In lieu thereof to Limit Parking of motor vohicles en streets Herein. aftêr deslgnatecl, ¡White Street) presented and read. Couneilman Pregler moved that the reading jnst had be CGnsider- ed the first reading of the Ordi- nance . and the second reading be set fGr the meeting scheduled fGr Ma«:h 26th. Seconded by CGuncil. manTbGms. Councilman Justmann moved to table the mGtion. SecGòded by Ma. yor Bitter. Vote Gn the mGtiGn was as follows: Yeas-MaYGr Bitter, CGuncilman Jnstmann. Nays-C<>uncilmen MGldenhauer, Pregler, Thoms. MotiGn 1<>. table failed. On the cali fGr the question Gn the Griginal mGtiGn it carried as fGllows: Yeas-Mayor Bitter, CGuncilmen Justmann, MGldenhauer, Pregler, ThGms. Nays-None. ORDINANCE NO. 16-73 An Ordinance Amending Ordinance No. 37-65 known .s the "Str_t Parking M.ter Ordin.nce of Du. buque, Iowa" IS amended by re- pealing Section 6 and each sub. section thereof, Section 7 and Sec. tion 8 and enacting a new Sec. tion 6, . new Section 7 and a new Section 8 In lI.u thereof to establish three parki... meter dis. tricts, to est.blish the required deposits of U.S. coin in s.id re- spective p.rkíng meter districh and establishing the hours of legal parking in the respective parking meter spaces within the re_ctive districts, presented and read. CGuncilman Pregler moved that the reading just had be CGnsldered the first reading of the Ordinance, and the second reading be set for the meeting scheduled for March 26th. SecGnded by CGuncilman Thoms. CGuncilman Justmann moved I<> table the moti<>n. Seconded by Ma- YGr Bitter. VGte on the motion was as fGllows: Yeas-Mayor Bitter, CGuncilman Justmann. Nays-C<>uncilmen MGldenhauer, Pregler, Thoms. MGtiGn to table failed. On the call for the quesüGn 00 the original mGtiGn it carried as fGllGws: Yeas-MaYGr Bitter, CGuncllmen Justmann, Moldenhauer, Pregler, Thoms. Nays-NoDe. March 9, 1973 Honorable MaYGr and Councilmen The City Gf Dubuque Planning and Zoning CGmmisslGn hasre- viewed a prGposed. amèndment to the Zoning Ordinance that would pmvide .for the issuance of a Class 140 Special Session, March 111., 1973 "B" Beer Permit to restaurants I existing in L<>Cal Business "A" Zoning Districta for some number years priGr to the adoption of this proposed amendment. The CGmmission has considered that the Special Permit pmwsions for taverns in the C-1 wning clas- sificatioo of tile pmposed lOlling ordinance pmvidea a far m G r e comprehensive and effective treat- ment Gf the issues snrroonding the present amendment prGPosal, and that their best judgement on this matter has been expressed \10 this effect Gn at least four prior (}c- casions. The DUbuque Planning and ZGn- ing Commission has unanlmousty voted I<> express an opinion <>f having no sympathy for tile pm- posed amendment, and has elected to take no action on its behalf. CITY pLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner CGUDCilman PregIB m<>ved that the eomnl1micatioo be received and filed. SecGnded by C<>1mci1man Justmann. Carried by the following vote: Yeas-May"" Bitter, C<>uncilmen Justmann, Moldenhauer, Pregter, ThGms. Nays~œe. An OrdinaDCe Amending Ordi- nance NG. 3-34 knGwn as the Zon. ing Ordinance and Zoning Map of the City <>f Dubuque, Iowa by re- pealing Section 1 of Article VA there<>f and enacting a new section 1 of Article VA in lieu thereof to permit the IGcatiGn of a tavern in a eafe Gr Restaurant <>pcrat. ing as such at least three years prior to effeetive date here<>f, pre- sented anil read, said Ordinance was previousty presented at the Council meeting of January 29, 1973. C<>uncilman ThoIllB IOOved that this be cGnsidered the first reading Gf the Ordinance. Seconded by fumcilman MGldenhauer. Carried by the following vote: Yeas-Mayor Bitter ,CGUllcilmen Justmann, M<>I.denhauer, Pregler, Thoms. Nays-N(}Ilè. Councihnan Thoms moved that the ruling requiring an Ordinance to be read Gn three separate days be waived. Seconded by C<>uncil- man MGldenhauer. Carried bJ the fGUGwing vote: Yeas-Mayor Bitter, CGWICilmen Justmann, MG!denhauer, Pregler, Thoms. Nays-NGne. CGUDCilman Tho"", mGved that a hearing be held on the Ordinance Gn April 9, 1973, at 7:30 o'clGCk P.M. in the CGuncil Chamber at the City Hall, and the City Clerk be instructed to publish notice Gf said hearing in the manner re- quired by law. SecGnded by CGun- cHman MGldenhauer. Carried by the fGllowìne VGte: Yeas-Mayor Bitter, C<>uncilmen Justmann, MGldenhauer, Pregler, ThGms. Nays-N<me. PetitiGn of United Spanish War Veterans requesting permiasiDn to conduct annual tag days on April 27th and 28th presented and read. CGuncilman Pregter moved apprG- val Gf the petition and same be referred to the Manager. SecGnded by CGuncilman MGldenhauer. Car- ried hy the foUowin& VGte: Yeas-Mayor Bitter, CGuncilmen Justmann, MGldenhaner, Pregler, Thoms. Nay,s-NGne. PetitiGn <>f Peoples Natural Gas requesting permissiGn to ""coYOte at 273 N. Booth Street, presemed and read. CGuncilman Pregler mG- ved appmval 0( tbe petition. Se. conded hy CouncilmUl H 0 Ide n- bauer. Carried by the foUowiDg vote: Veas-Mayor Bitter, CGuneilmen Justmann, )(øJdeDItauer, Pregler, TbGms. Nays-Noœ. RESOLUTtON NO. n-73 Authorizing th8 Mayor to execute a memorandlum of understanding with the United Slam Department of Heusintl and Urban D8V"'pment WHEREAS, tile City of DId>- recognizes that an Annual Arrange. menta proeess enables the City to more eflicienlly plan and im. plement at tile Ioeal level variouo prGgrams which require federal tedmieal and-or flnaudal . s s i s. tance; aad WHEREAS, the City of Dub- fnrtber recGgnizes that the Amrual SpeciaJ Session, March 111., 1973 141 A5'ran¡¡emeøts Process permits the Cit:r' to budget i!B resources Gf money, ¡>eI'SOD)Je and facitities 00 an annual basis for programs that can be readily measured in terms <>f economy, efficieney, effective- n- and aeceptahillty each year befure pr<>cceding inl<> an addition- al year of commitment I<> these pmgrams; and WHEREAS, the City <>f Ðubnque has prepared and submitted to the United States Department of HGus- ing aDd Urban Development aStra. tegy Paper organized to recognize and to accommodate, a variety Gf I cGmmunity programs; and WHEREAS, the Ullited States Departrnosrt of Housing and Urban DeYe!opment. in response to the Strategy Paper has utfered I<> en- ter inl<> with the City Gf Dubuque of a Memorandum of Understand- ing which recGgnizes'and seta forth the mutual obligationa of both par- ties I<> carry out certain acfivites unde.- the Annual Arrangements Pr<>cess ; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Mayor of the City <>f Dubuque is he1'eby authorized and direeted I<> execute ÒIl behalf of the City a Memoran- dum Gf Understanding with the United States DepartmeJl!t of Hoos. ing and Urbau Development. Passed, approved and adGpted this 12th day <>f March, 1973. Joseph J. Bitter Mayor Walter A. Pregler A1Ian T. TbGms Wayne A. Moldenhauer Council.men Attest: Leo F. Frommelt City Clerk Couucilman Moldenhauer moved adoption of the resolution. Second. ed by CGuncilman Pregler. Car- ried by the foftGwing VGte: Yeas-Mayor Bitter, CGuncilmen MGldenhaner, Pregler, Thoms. N.~uncilman Jnstmann. March 9, 1973 To the Hooorable MaYGr and City Couneil Re: City of Dubuque IAndfiI De- veIopn\ènt Program We are writing to dißCUSII with YGU the development of a new City of Dubuque Sanitary Landfill Site and specifically I<> request YGur autborizatiGn to execnte an Gplion agreement Gn a selected parcel of pmperty which WOI1ld be used for 1iIio inteaded ptIIpOSe. Because of certain state and fe- deral reguktiGna requiring the abandonment of our present land- fin site 00 City Island, the staff formulated a Landfill CGmmittee \10 review the possible alternatives available fGr the City on this mat- ter. The various aJternates were reviewed and on May 7, 1971 the firm <>f Henningson, Durham and RichardSGn was retained I<> pre- pare an engineering report which would include various POSsible Slites for a Landfill operatioo in CGm- pliance with the .rulesand regula- tions of the Iowa State Depart- ment of Envir<>nmental Quality. After months of intensive review by the cGmmittee and the consul- tanta a I<>tal <>f fourteen sites ..ere selected as possible locations which frGm all available geological data, appeared 1<> meet the necessary criteria. These sites were then rat- ed by grGup and listed in their order Gf priority. Ken MGzena, a local real estate expert in farm properties. was retained by the City ÍI> an attem¡>t I<> secure an option on those properties seleeted by the committee and eGnsultants as the best suited for a landfill. It is necessary I<> secure an <>P- Ilon or a parcel because certain soil tests are required I<> deter- mine if the area meeta the state criteria for a Landfill, and it is not practical to conduct these un- less we are certain the prGperty is available fGr PU1'ehase if the soil anàysis .is acceptable. Mr. Mozena has been able I<> negotiate an OÞtion agreement Gn the Leonard Smith property to the - of Dubuque. 'Ibis site Í<I Gne of the top three Slites available for LanclfiIl PU1' >Oses. We have en- closed Mr. Mo.ena's report on this option agreement. We have alsG enclGsed a se- quence flow diagi-am detailing the time seheduæ necessu-y to imple. ment the construction of the new Landfill by July, 1975. In order to meet this Ichedule "'" must pmceed with testing and analysis at this time. CoIIsequènl:l¥, "'" res- 142 Special Session, March 12, '1973 pectfully requeot your H<>norahle is hereby auth<>1izèdaød'. directed Body I<> authorize ns I<> execute to execute an OptioD to Purchase the attached option agreement on Agreement with LeGnard T. ,Smith this parcel. and Innocence 'Aim Smith, a copy To' facilitate your review of the Gf same is attached, which agree- matter, we have inclnded' In the meat pmvides for the ,malr.inl Gf attachments plans of' the site in certain tests GB the pmperty; and question,. a letter, ifom the Do- if saW - sadanalyosiø indicate buque Connty ZGnJng Comml8aion the prGperty meets &II' the nee.... relative I<> the maller, and a let- sary criteria Gf state sad local ter I<> Mr. Smith indicating the Gtiicials, provides mr, the purChase City's best efforts will be put forth of the attached described pmperty to wGrk out a leaSling arrangement for the development and OperatioD 011 lie nnuaed portion, of th4 Ïr pm- of the City of Dnhuque Suitary perty. ' LandfilL ,', , Your cooperatioll on the C evelop- PlUlSed, approyM .'amI" adopted ment.of this pmgram is.sIa«rely this 12tb day of Jfarch.1973; app~iated WaIter A. Pre_' Gilbert D. 'Chavenene ' AllanT: Th<iIIIa' , ,City M~ager W"1JIII A, Moldenhauer CG1mcÜDIan Pregler.'moved that Couneilmen the comlllUllÏèatton be l'eCeived and Attest: , ' file¡t Secondèd by Councl1mall MGI- Le.!o:" F. 'Frommelt denhauer. €arried by the following eoCityilClerk,p..........,.~ do VGte:' " . nnc mall, .-. mov- a p- Yeas-Mayor Bitter, CGuncilmen tioa of' the reøolntion,:and,the Ma- Justmann, Moldenhauer Pregler nag« beauthoriled, I<>'proeeed. Thoms " SeC<>nded by CoWU1ilman MoJden. Na";""'None. hal1ér. Carried by the following Mr. Ralph Reia, Joê Turnis, El- VG~;as-Q¡lIÌ>e~ Moldenbauer mer Weyderi,Hobert Sehmitt, Cy Pregler"Tb<>ms . ' Genz, all farmers living in the N~.....llin~ Justmann ' area of th~ pmposed land fi]¡ ~ite AJ>stained--Mayor Bitter. ., , sþOke against the, proposed SIte. MarCh 9 1973 Mr. Roger Cox, a lGCal realtor, Hooorabie Mayor ' spoke against the idea Gf the high anC Councilmen ~riee .of the lane!. The Assessed The City of Dubuque, Planning valuatiGn Gf the prope~ proposed and ZGnJng CoIJllllis!tlon has re- mr the lan~ fill si~ IS $71,000. viewed a pmPGsed final' plat of He quøted pnces rangmg from $600 the SubdiYiaion of Lot 2 in Gil. to $940 per acre o! farm~ that christ Place in the City of Duo w.ere r~.e~tly sold III the mime- buque, lowe. This aubdivisiGn pro- diate vuwuty, as cGmpared I<> the poses I<> create, five lots as an cost 01. $1350. per acre mr the exteJlllÎOB Gfdevek>ped'resldential proPGsed Iud fill site. lots in IndMa ParkSubdivisiGn ,At 11:02, P.M. Councilman .Just- fr<>nting Tomahawk Drive, and' ~ ~ann mov~ that 1;he Co~ go pmposed new- are not for pur- 1111<> ex.eeutive sesslØn I<> discuss poses Gf development. an option I<> purchase land for Th.e Planning and ZGning Com- ¡.ndfil!. purposes. Seconded .bY miasiOIl has reCGlllmen4edthat, the CGnnctlman ~oldenhauer. Carried plat be approved. by the fGlloWl!lg !<lte:. CITY PLANNING, AND Xeas-¥ayor, BItter. CG1lIlcilmen ZONING,COM1IUSSI0N Jllstmann, Moldenhauer, Pregler, Daniel DitteDl<>re ThGms. DeveloPlllent Planner Nays---;-NGll.e. . Councilman Pregler moved that Council reconvened at 11.411 P.M. the cGmmunieatiGn be received and RESOLUTION NO. a.73 filed. See<>nded by' Mayor Bitter. NOW, THEREFORE BE IT RE- Carried by the f<>llowing VGte: ' SOLVED BY THE CITYCOUNcll. Yeas--¥ayor Bitter,' CGultcilmei1 OF THE CITY OF DUBUQUE, Justmann, ¥oldenhauer, Pregler, IOWA: Tlwms." 'That the City Manager be' and NaYB--'NGne. Special Session, Maxch 12, 1973 143 RESQI.,UTION NO, 83.73 ~REAs. the CGntillued Gpera- R&$Oi,UTION epproving plat of tioo of the bqa operations for the Lot 2 in GiI,"ri.t Place in the City of Dubuque, Iowa is of vital City of Dubuque, Iowa CGncern I<> the City CGuncil of the WHEREAS there has been filed City of Dubuque, Iowa as wen with the CitÝ Clerk of Dubuque as to the citi~- and inhabitants IQWa 0 plat æ which, LGt 2 ¡,; in that same is vitally cGncerned G¡¡~ PI.ee in tile City of Du- with the p<1b~ health, safety and b\If¡Ue, low., .s platted as Lot welfare; anC 1 Gf LGt 2; Lot 2 Gf Lot 2; LGt WHEREAS, the City CGuncil 3 Gf Lot 2. I,.c¡t 4 Gf Lot 2; and Gf the Ci~ of Dubuqlle, I~wa pub- Lot 5 of Lot 2; ..ch in ~ Iicly wishes to gG on record that Place in the City Gf Dubuque, 10- it desires I<> exerciSe the utmœt wa; and, good faith in this consideration 'of WHEREAS, said plat has been termination; and exambied by tile City PI8I1IJing WHEnEAS, the Çity Ç<¡1l!J<'il of 8114 ~1lÍ!I6 Co!llllÜ.sio!l and bad lb. City of D1Ib1lQlle, I<>wa finds its ~val 0114<>""11 tJiereon; and, and deterJlli!¡es tJiat the PlIblic WHE~, said plat has been s.fety and weJ¡fare <I.llland th.t e;¡:..JIIi!¡ed by the City Council and a C<lII1plete .,,<1 colllPfeb_ive re- lIIe)' i11d the ,ol1M! confonns to view and study ofUlis problem the 8taWw. aQd Ordi1Ianees re- be made bY the City of Dllbuque, lJ.tiI¡g ~eto; Iowa for ~nd Gn bebaH Gf its citi- NOW, THEREFORE, BE IT RE- zem and inhabitants; sad SOLVED. by tile City Ceuooil of WHEREAS, the Çity CGunei! the City of Dubuque Iowa: finds and determines that it needs SeeNan 1. That th~ above de- additiolNll time to make a fair scribed plat be and the same is and re_na~le determination CGm- hereby allthorized and directed to lI..n~rate With the grawty Gf the endorse the approval of the City Sltuatton: uPGn said Plat. NOW THEREFORE BE IT RE- Passed adopted and approved SOLVEJD BY THE CITY COUNCIL this 12th'day of March, 1973. ?¿wrm CITY OF DUBUQUE, Jooepl1 J. Bitter Section I. That the City C<>uncil Mayor of the City of Dubuque, Iowa fånds Walter A. Pregler and determines that in exercising AJtaa T. Thems its best ea'orta I<> arrive at a re- Wayne A. Moldenhauer solution and determinatiGD as re- C. RGb<;rt Justmaoo law. I<> the CGntents of tJie letter Co1llliei1men Gf Inters'tale PGWer I<> City of Du- buque, Iowa, dated March 1, 1973 and in Grder to afford the City sufficient time to consult and inter- view with the sppropriate State and Federal a¡¡eQCIÎes concerned with the problell1>S presente( by ouch Mter that it will be neces- sary that the City of Dubuque !rave a<!ditional time, that is I<> say until at lesst January I, 11174 in which the City would hope to equip itself I<> c<IJ'C \vitti tl!e problems reasonably I<> be anticipated. ~cti.n 2. That tl!e City Manager is herewith directed I<> cGm'llluni- "ate with Jnterstate Power CGm- pany forthwith .<!vising the In'ter- state PGwer Company of the posi- tiGn Gf the City of Dubuque with a view that the .aid PGwer CGm- pa~ acknowledge and acquiesce in the responsibility of the City Attest: LeG F. FI'II",melt City CJm C<>uncilman Pregler mGved a<Jo? tiGn of the resGlutiGn. See<>nded by CGuncilman Bitter. Carried by the fGllGwing wte: Yea&-Mayor Bitter, Cotmcilmen JuotmaDn, Moldenhauer, Pregler, Thoms. Nays-NGne. IUiJOWTloN NO. $4.73 WHEREAS, Interstate P G W ~ r CGmpany of Dubuqlle, lowa by written CGmmunic.tion to the HG- norable Mayor aJld CIty CGuneil, dated Mardi 1, ~973, adviSÍIIf! the OIty IIf Dubuque Df the decislGJI of tI1is firm to ~eonlinue its bus operaijG!1B at t ¡e close of business Gn August :11, 1973; SlId ------ Special Session, March 12, 1973 144 Special SesSion, March 12, 1973 in attempting I<>,'resolve this prob- Allan T. 'l'hOa.., lem that it have, ample, time I<> Wayne A. MóldenhauW' explore, all the ayennes Gf' a.....- Cóuneilmen' tance for this community, its citi- Attest: zens and its inhabitants in connec- Leo F. FrGmmelt tion With this' pmblem. City Clerk Séction 3. That the City Manager Councilman PtegierlD9ved adöp' is hereby o.nIeredÏortbwtth to re- tlori of the resolution'; 'Seconded port back to the City CGuncil in by Mayor Bitter. Carriéd by' We writing as I<> the negotiations cOn- follòwing vote: ,: ~eming.t!'" extenti<>n Gf time here- Yeas'--MaYGr Bitter, CG~ m specified. JustmaÍID,Moldenbauer, Pregler, Section 4. That the City CGuncll ThomS. ,,' . of thecJty of Dul)uque, Iowa for- Nays-None. mally gG ~n recòrd. at this ,time: RESOLUTtON NO. 16-73- ~~:sst,ng :,~:."W~~~::d &",:: WHEREAS, a¡lpkati_fòr U;. pál)y for the gøOO service it has quor !lcenses. ~ave ,been Mlbmitted rendered this Cómmunity and its, to Ülis CGIIDCÜ for- 'attltoYal ' MId inhabitants in the operatiGn òf' its the' same have been' damined, bus transportation system. ' ' NOW THEREFORE ßI1f l'Í' RE' Passed, approved and adapted SOLV~ by theüty' Cèimcllof. this 12th day of March, 1973. the City .Gf Dub~qu~'. Iòwa,1hat J eph J Bitter the f<>l1owi1lg appticatiollll be grut- os. cd and licenøe& issued. upon the Mayo>" compliance with. tile tEIrm.. Gf the C. Robert Justmann Iowa Liquor Cont,rol Act-,-Chapter Walter A. Pregler 131-as amended by, the, 64th Gen. Allan T. ThGm& eral A""emIIly uru Wayne 1;. MGldenhauer CLASS "C'~ '(COMMERCIAL) , Councilmen BEER LIQUOR LICENSE Alice H. Er,socben, 2&17, Ullive$y Aveøue. Mary Lou '" Geol'ge ,D. S<>ren.sea, i 1105 University Av/ We. : Passed, adopteiI and:'approved ,this 12th day Gf ~, 1978. , Joseph J. Bitter )(aYG1'> C. RGbert 'Justmann Walter A. Pregle¡- Allan T. Tllølils Wayne A. Moldenhauer C<>uncilmen 145 WHEREAS, the, premises to be occupied by such app!icanlts wcce inspected and found I<> CGmply ,with the State Law and all City ,ordinances, relevant thereto and they , have. filed proper bGnds, ,NOW THEREFORE BE IT RE- SOLVED by the City. C<>uneil Gf Dubuque, IGwa, that the M'anager :.be.authorizedl<> cause ,I<> be issued Ix> the fGJ1owing named applicants a Liquor ]ie-e. CLASS "C" (COMMERCIAL) ,eEER LIQUOR LICENSE Alice H.Erscheo. 2617 UniverSlity Avenue. Mary'Lou '" GeGrge. D. S<>rensen, 1105 Univel'Sity Avenue. Passed, adopted and apprGved this 12th day of Marcb, 1973. Joseph J.'Bitter ,J,fayor :C. RGbert Juotmann Walter A. Pregler Allan T. Thmos . Wayne A. MGldenhauer Councilmen ther that need be done and I am returning said NGtice Gf Ex. piration Gf the Right Gf Redemp- UGn herewith. R. N- RuS8<> City Attorney CGuooilman Pregler mGvedthat the CGmrounicatiGn be received and Jiiled. See<>nded by Mayor Bitter. Carried by the following VGte: Yeas-Mayo>" Bitter, CGuooilmen Juotmann, Moldenhauer, Pregler, Thoms. Nays-None. March 12, 1973 Honorable MaYGrand City <:oun.,il On May 12,1969, the City C<>uneil Gf the City Gf Dubuque, IGWS referred Ix> the City Attorney the pe1liüGn Gf HarGId Weidemann for the CGuveyance Gf parcels of real estate that the City had vacated to Jon B. Middleton. Thereafter, the City Attorney cGmmunicated with the petitioner Gn May 19, ,1969, requeating certain services to be perfGrmed by the petitiGnel'S in order I<> pr<>cess Ü!e petition. On Gr about February, 20, 1973, the City Atlx>rney'sletter had been cmniPlied with by the preparation of appropriate plat. AeeGrdmg1y, this matter is being presented I<> the CGuncil for its action at t!lis time. R.N. Russo City Attorney Mayor Bitter moved that the cGmmunication be received and filed. Seconded by Council man Pregler. Carried by the following Thoms. VGte: Yea&-oMaYGr Bitter, CGuooilman Justmann, Moldenbauer, Pregler, Nays-None. RESOLUTION NO. 88-73 WHEREAS, the City <:oun.,il, Gf the CiiIy of Dubuque, Iowa on Jan- uary 4, 1931, vacated a portion of Bellevue Street frGm Blake Street easterly I<> the end Gf said Street which has been platted and shall' hereafter be, described and koown as L<>t 86A and the Easter- ~ 19.96 feet of L<>t .87A, Wood's AdditiGn lu the ,City of: Dubuque, Iowa;' and WHEREAS, what was flH'lllerly UmonAvenlie in WO<>d's Additi<>n as abuts L<>t 86 and the easterly 19.99 feet of L<>t 87 in Wood's AddL!iGn bemg a parcel 30.92 feet Attest: Leo F. Frommelt City . Clerk CGuncilman Pregler moved adGP- lion of the resoJutiOll. SeCGnded by:MaYGr Bitter. Carried by the following vote: 'Yeas-Mayor Bitter, CGuncilmen Justmann, MG!denhauer, Pregler, Thmos. Nays-NGne. Attest: Leo F. Fromme1t City Clerk CGUI)cilman Pregler mGved adop- tion of. the resoJutiolL Seconded by Mayor, Bitter. Carried by the f<>llowing vote: Yeas-Mayæ' Bitter, Councilmen Jusl>mano, Moldenhauer, Pregler, 'l11oIns. . NII(Vs-NGne. Mareh 12, 1973 lfunor&ble MaYGr '" City CGuncil On February 5, 1973, a NGtice 'bfJExpiroation-of Rigbt Gf'Redemp- tion frGm Tax Sale was served . on the City by the attorney fGr . ERas' Micl1alaki:s cGvermg' L<>t'3ir1 and the S<>nth Half Gf L<>t 386 in "East Dubuque NG. 2" in the City of Dubuque, IGwa. ! have made an examinatiGn of this matter and find that from the Ci~ Treasurer, Mr. AI Heitz. man that the City has received all Gf the Special Assesments in ÖIe total amGunt of $347.16 as well as its share Gf the general taxes wbich had GriginaUy been assëssed to Evandelia Gootzinger and Ruth SaJeedG, who were the Gwnens thereGf and which was then acquired by the CGunty through tax sale and subsequently by the CGunty a..,;gned its tax certificate I<> Ellas M.lchalaki&. AeeGrdingly,there is nGtbing fur- ReSOLUTION NO. 85-73 BE IT RESOLVED by ,the City CGuooil of the City Gf Dubuque, !Gwa, that 1he following having CGmplied with the proV'isiGOS of 1- relating I<> the sale of Ci- ¡¡arettes within the City Gf Dubu- que, Iowa, be granted a permit to sell Cigarettes and Cigarette papel'S witliin said City. J.F.K. Foods, Inc., 2075 J.F. Ken- nedy RGad ' Passed, a<iopted andapprGved tIris 12f.li dayGf March, 1973. Joseph J. Bitter Mayor C. RGbert Justmalln Walter A. Pregler Attest: Leo F. FrGmmelt City OIerk CGuncilman.Preøler moved adop- ti<>n Gfthe resolutiOll. Seeooded by MaYGr Bitter. Carried by tile following VGte: . ' YeIl6-MaYG~ Bitter" CQlIDCÜmen Justmann, MGIdè!tI!auer, Pregler, ThGm&. Nays-NGne. RESOLUTION NO. 87.73' WHEREAS, applieatioœ' fGr Li' quor licenses were filed by the within named -appli.can1B. and they have received 1he aþpn>vllh f,tWs Council, and " .. Special Session, March 12, 1913 and that 1110 abstraet of title be furnished be and the sable is hue- by approved. Section 3. That the aty Clerk be and he is hel"eby Rnthot'lzed and directed to cause notice ()f iDtent to dis¡IOBe of mterest in real estate I<> be published as by law i. reqllired. P"""ed. approved and adGpted this 19th day of March, 1973. Joseph J. Bittel: MayO1" C. ROOèt't J_abD Walter A. Pregler Allan T. ThGmB Wa7l1e A. MGldenhaller COuncilmen 146 at its- easteriy boundary, being 71.31 feet at Its northerly boun.- dary, being 34.71 feet at Its wes- terly boundary and 71.86 feet at its southerly boundary, was aJso vacated by the City CGuncil at the tl.tyof DubuqUe, Iowa in 1896; and WHEREAS, the f<>l"egGÏDg above d"""ribed parcels of teat estate have beèl1 pl>atted int<> and are !\(}w part at L<>t 2 of "JGhn J. Breitbach Place" in the City at Dubuque, IGwa; and WHEREAS, nG CGnveyance has ever been made of said two par- celS of real estate; and WHEREAS, Nel8on P. Klavitter aM Ramona R. Klavitter are the present ownets of Lot 2 Gf "Jolm Breithach Place" and \\>OOse pre- dêtMSor in title petitiGl1ed for coo- veyance Gf said tw<> parcels of vacated sa-eets: and WHEREAS, it wooId serve the best public interest that said tWG þIlrcels be cbllveyed to the said pètitionel'9 WM ha... agree to pay the sum Gf $50.00 plus coots Gf pub1li.catiG!> for each (}f said lGts: NOW THEREFORE BE IT RE- SOLVED BY THÉ CITY COUNCIL OF THE CITY OF DUBUQÚE, IOWA: Section I. That the disposal I<> Nelson P. Klavitt.... and Ramona R. Klavittet, huSlbá.Dd and wife, as joint tenan,ts (}f Lot 86A and the Easterl)' 19.96 feet Gf tot 87A of 1'1'000'. Addition in the City of Dúbuque, Iowa for the sum of $50.00 together with costs Gf publication and that no abstract Gf tiUe shall be furnished and that conveyance shall be by Quit Claim n....t be and. the same Is hereby approved. Section !. That the conveyance of that pareel of real estate abutt- iilg Lot 86 Í1I Wood's AdditiG!l in the City of Dubuque, IGwa aDd the easterly 19.116 feet Of L<>t 87 01 Wood's AtiditiGn being a parcel 3ó.92 feN at its easterly boUh. lIàrý bell> ( 71.31 feet at its nor- therly boui1dary, being 34.71 feet àt its wì!sterty boundary and 71.86 fe1!t at its Sbutherly boui1dary to Nelson P. Klavitter abd Ramona R. Klavittel', hUllband àad wife, a$ ¡omt t_tAI fiJt .the oonsidè,'a. tlO!l "f~.OOe" Îb additiGn I<> thè east Gf pUblication and. that ronvey.ånéè by Quit Claim Deed Special Session, March 19, 1973 147 CITY COUNCIL er. Carried by the fiJllGwing vote: Yeas-MaYGr Bitter, CGunci1men Justmann, M(}(llenhauer, Pregler, ThGms. Nays-NGne. Communication of CathGlc MG- thers Study Clubs Gf Dubuque ad- vising to again carry <>n their ef- forls to "Keep Our Parks Cleal>" campaign and that no fees be charged fGr pavm;GUS and shelter bouses, presented and read. CGun- cilman Pregler mGved that the cGmmuniœtion be received and filed. Seconded by Councilman MGI- denhauet. Carried by the fGIIGw- ing VGte: Yea&-MaYGr Bittel', O<>uncilmen Justmann, Moldenhauer, Pregler, ThGMS. Nays-None. Communication Gf Board of DocIe CGln1lìissionero Í1I reviewing the re- ferral ftGm the CGuneil Gf the meet- ing Gf March 12th, and being aware of the many prooltlms >1ior to a decisiGn relative to à proposed }2' channel tIley Will 8Vbmit a recommendation at a latêt dàte. presented and read. CGUDcilmàn Pre¡ ler movèd tbat the commtmi- catiofi be re¡,éived and filed. Se- conded by Couneilmal> Moldenhau- er. Camed by the fGRowing \Tote: Yeas-Mayor Bitter, CGuneilmen Justmann, Moldenhauer, Pregler, Thoms. Na~"""None. OFFICIAL Spec/ill .-sslon, March 19, 1973. Council met at 7:30 P.M. lè.S.T.) Pre.-nt - Mayor Bitter, Counc. cilmen Justmann, Moldenh_uer, Þregler, thoms. City Manager Gil. bert D. èhavenelle. May<>r Bitter read the call and stated that serVlice tbete()f had been duty made and this meeting jj called fGr the purpose Gf au. thorizing the publication of notice of sale of pro/eet notes and the _elving of proposals for the sale of .ald notes for the Downtown Urban Renewal Pro/eet Iowa R.t5, in the -mount of $1,741,000., and I acting u,pon such other business as may pmperly CGme before a l"ègúlar meeting Gf the Council. HUI/J.àfi Rights CGJnmiSSiGfi oub- mitting minutes of their meeting Gf February 81. 1973, Pt6Sented for the record. UJuneilman Pregler moved that the minutes be re- ceived and filed. Secondèd by Ma- YGr Bitter. Carried h)' the follow- ing vote: Yeas-M'Syor Bitter, CGuncilmen Justmann, Moldefihauer, Pregler, Thoms. Nays-NGne. I c"lnInunica.tiGn of League Gf Wo- mefi VGters submitting the names of l>.r. Edlvård Càwlèy, Mts. Vince TImpe, Mrs. Gk>ria Lipper fGr con. sideration as members at the Ci- tizen', CGmmittee fiJr the oorth- Sbuth fteéway, presented and read. Counéilmàn Pregler ttlGved that the oommunièation be received and filed. SeéG/!.dèd by CGuncilman Moldenhauer. Carried by the ml- Gwing VGte: Yeas-Mayor Bitter, Councilmen I Jusitlnanb, MòÌdènhauet, Pregler, Thoms. NaYs-None. Coì/J.I/J.UlJical!.on at Catholic Mo- the... Study ClUbs of Dubuque (fGr- ward from lfieeting of Februaty 12th) beihg in M:ieetion !Q merging the Pal'k aM Recreation SYstems, þre_tèd aliI! read. O<>uncilJnàn Prèg!êt moved thàtthe co_un,¡- càtk!b be l'èœived and filed. Se- eOnded by Councilman MOldenhau- Attest: LeO F. Frommelt City Clêtk MaYGr Bitter movèd ad<>ption Gf the resOlution. Sècònded by CGunc- cilman Pregler. Carried by the fGllowing VGte: y........MàyOt Bitter, Councümen Justmann, ¥(}Id_uet, Pregler, Thm!1S. Nays----NGne. There being no fúrtber business Mayot Bitter moved I<> adjourn. Seconded by CG11I>eilman Pregler. Carried by the following vote: Yeas-Mayor Bitter, CGuncillnen Justmann, Molllenbauer, Pregler, Thoms. Nays-None. Loo F. Frommelt City Clerk Approved ................"............... 111'13 Communioati(}n of IGwa Concrete Paving Ass'n stating that Dubuque was reoognized at the time Gf drawings and gtenting recogn¡tiGn, for the eo~()Q of Grandview Avenue with cOlll!rete and which is collBidered a well c<>notrueted pmject, presented and read. MaYGr Bitter movèd that the CGmmunica- ti(}n be received and filed. SeC<>nd- ed by CGuneilman Pregler. Carried by the fGllowing v<>te: Yeas-Mayor Bitter, Councilmen Justmann, MGldenhauer, Pregler, Thoms. NaY-None. AdGpted .................,.................. 19'13 ............................................................ ............................................................ ............................................................ ............................................................ Marel1 19, 1973 TIle HGlwrable Ma¥Or and Qly CGuneil 'lbe ~ate p- CoInpa;,y aclmowledges receipt at your Ré- solution No. 84-'73 Wmch was adGpo led by CoImeil. àéUon on March ............................................................ CGUhcllmell Atte~t: """"cit;"c¡;¡;:""""""""""" Special Session, March 19, 1973 149 Special Session, March 19, 1973 C<>\mCÜIIIIaI1 Pregler "JDOved ..the bond' be . fi1ed, IlUbjeet 1<>, approval of ~City' AttømeY. seeoòd8d-bY M'ayó'r Bitter. Carried by the fol- IGWIÍ11g vote: Ye_Mayor Bitter. ,CGnnciJmen Juslmann, MGldenhauer, pre¡1er, Thoms. Nays.-Nolle. 148 12, 1973. ,lJ>terotate ' Power CGm' ,'¡>any ,.,¡¡¡ agree toa Cò1ltinuanee of' the' bus <>pcratioIls in the' City of Dubuque to the close of busineSS on December 31, 1973, Gn the lot. lo~ conditiOIlS: 1. The City secures aUthority from the citizens of Dubuque, priGr' I<> .'A~U$t 31, 1973, by public reo, ~U;m to acquire and operate! a bus traDSit system. ' 2.00 or beloré August 31, 1973, the City _epts Interstate's offer, to sell its Dubuque trODSit system fOJ: the' sum Gf' $1.00. 3. Upon recéÍving ilUch appmval, as 'mentioned in Number 1 above, aIld upon acceptance Gf our offer: to. sell as prGvîded in Number 2: above, Intersta,te power CGmpaIlY! will act as agent for the City' to ope~ate the bus traDSit system: from' September 1, 1973, through' .the close of business Gn December 31, ,1973, all Gf which is to be at, the City's expense and reim-: bursement wiJl be made to Inter- state ona mGntb!y basis. 4. Interstæte power CGmpany will .not act as an agent for the City in the GperatioIl of the bus transit System beyond December 31, 1973. This offer is made in the sincere belief that this addiliGnaJ time will give the ,City ample, opportunity to,aœomplish its Gbjectives as sta- tedin its resoluüon of March 12,' 1973. INTERSTATE POWER COMPANY R. J. Dyer District M.....ger CGuncilman Justmann moved that the èOmmunicati<>n be receiv- ed' and filed aI1d referred to the CGuncU. Seeotlded by CGunci1man M<>1denhauer. Camed by the iol- IGwing VGte: YeàO-Mayor BlUer, CGunci1men JusttlÌann, . Molcleinbauer, Pregler, Thoms. Nays-NGne. March 15, 1973 TG ,the Hono~able' DYGr' and Members of the City CGUIl!ñl I have appmved the, fol'l<>wÍDI! bond for filing and deSlire your approval of same. Sidewalk CoœtrUletion Bond, C0n- tinuation Certificate, Heitsman ConBtrUCtion CG., Uoited Pacil!.c msuraDCe CG., Bond NG. U-4721M. Gilbert 'D. Cbavenelle City Manager DOaciwað" COttidðr. and'1iIaeimme- diitta. demands of tile, development IMIIœl Elll>elIienœ; SG far, should i.8cIieate. that. tIú kind, of. balance llliayDOt be,' aellieNeab1e.within the preeeot; si1on.ruee',planning¡pm- cess. '1'li~ searclf frJr a balánced ptan for the CGrridðr' bas been- charac- tè..zed b'y a- gradllal intensifica. till!> of' property use- with 87 result- inc growth' of tnlffic . in the corri. dðr;.~b' ¡lròlnptHlirtherintenøi- ficaotiolr' of lmcf' develOpment, and 80,00. :M :UIIa"polnt, th,HJlty faces "':üiItmma¡ 011 ÍONIIIeeiD the WIi- lIIIde:neceøåty, of', major reCOJ>. sII'netieD,on ]IO:ItioDa"ofJ; F. KeJI- nedy, ROaA, ~oe off trail.! c, growtb,while,:lmowble that a 0tIb. stantiali_~emeI)tJin,#le attrac- tiveness of that road i,. likely to ereaté' presaureø: f6r further' in- tefIoIIfIn.tilm of' lami-l1se 1!Id! pro- Perty dèvelópment throug¡hout'the ai-..., 'The Mèt/op(}lita;,.. Area' TraJ>- !J Ié>\átiOIl - aI.òo ,aIlticipatesthe eveolùal ..-.mOD, of a west ~. arterial' m the area lie. tween Dùbuque and AIIi>m7. It is uncertain" whether, this, new road c<>u1d provîde substantial traffic re- lief in,thlt' west,Dahuque eorridGr, ancl:wllethv,'ltlUle...lopmeat would mt 1NcI' I<> 'a repetitiGÐ Gf the saÒlelaud-uoe pressures that were exertedalonl Jòlln, P. Kennedy RGad. 111 p}alllllng, tor tile, we~t Dubu- quéèc\rridòr, toneern~ for land. use and traffic are in¡eparable. These concerns cannot be redUced to' SÌSJll!I~, si1ort-raage soMioas, _h as an immediate program for widening, John, F. Kennedy RGad, withønt risIIing more serious problems as !Ill aftermath. The ke,y¡ to"soWing problems on J¡ F. KIm1Iedy, Road i.s in defininc those Pl'l!bJ.ems iD area-wide terms; in lf8lalion to: plllll11Úlg fur west,end area, developmeat ,and in the con. cept and liming of street network expansion.. ' 'l1iiIi: tnIe 'of,loal'Orletltad; con- ceptual' phmnitIg does 'nGt lend it- soli! Ib' quiet, tOOlInical solutions. It, is' more a pro\I88a of gaining ul,under8tanding of tile cause and efféct, ælatiOJl8llit>s-.between road- WIIJ" denlopment atId land-use de. matId" of' the option. &vailiable fGr regulaliÍl landi..., and subdlvisi<>n activity and of t:ailoring, capital imprGvemeDt 'progr ImS, to indue¡! desitl>ble' patterœ of pr¡ivate de-- velopment. :!'he ,proceSll' mwrt fG', cua on loeal'policy,lWIkersfor ar- ticulation of: -Isr ,with _rt from s,pecial1zed, and u:perierlCed profes&ionals fGr projecting and',"- .....,¿ng the cons_of alter- I1'8tive _I atructures.,' The pro- duct, Gf this ~rt sIIou1d ,be a coosensus, at tIœ poIicy_kin,g Ie" vel; on oIajeetives, and programs for dévelopmeut ÍìlJthe,iJ. F- Ken. nedy R<>ad COØiœ"-" Becau~ .trlifie"_:;trllll6¡lOfflía- tiGU developmetis the' principal' element' m,' '1111" e, PlailllinC, ,'jJt>oces. fór the J. P; K_d1 Blllid dam- dGr, it is eòliential: tIIatthe study of : alœn.atiVe goàlll and' poIieies be suP!I<>rtedby'i 'tii& juðgenteDt and experience Gf øpecialisü' in this field. 'The< staff' b'as had an GWOr'tunitj>- I<> diseusø the J. F. Kermedy Rued eorridòr: problem with tWG nationally-recognized traf- fic engineeri.,g'aDIÌ pliinning firms. In cGnSlideriDg thelt 'suggested ap- proaches to the' proM"",s, and the ayailability and reputaUOli'oftheir staff, it ,is (}111"', teeomm...ctatïon thet Barton..Asélnn'antI .and Aaso- dates of Chicago be tetainedior this- st"d)'. . Our di..1ISOfÍons' .with. that firm have determiI1ed that "' IttGdy,- of land,use atId traffio . pr,oblems, m the J. F. Kem>edy Road C<>rrldor ohouldproceed in two, piJa-, and shGuld,seek I<> -we~the following quesIiimJs: Phase I; Study,of'ExistiDe Con- diti0R8 and Opporhmitiee, 1. What is the, reason8'ble ca- pacity,Gf the'roadway wi1hin the preseftt< rigbt.of-way?' 2'. Wbatminor mocllf1eaUons could 'bema<kt I<> #Ie preeemroad. way to imptOve trtfI'Jc service? 31 What is. the rea.sooable ex. pectatioD- of traffic vG!umea in the c<>rridGr ' 'fGllowing, èOmp l!ta, de- vlilopmeøt of ,""cant,lands; accord- ing. I<> cunent ZOning plans, and aUowing '. for , maturation<>f, exist- ing land..uses in the corridor? 4, Can the presem right-of-way sU8tain these: projectecb volnmes of traffic, accepting a' reasonable Ie. vel, at service, without majorre- coll6tructi<>n?,If the answer 1<>, #4 (above) is "yes", proceed with 'Mardi 15,1973 To the Hooorable MayGr and City CGUIléil I herewith oubmàt, 'therepôrts of the City' Audil<>r, CIty 'Trea. surer, Health Department, as 'well as a listöf elalms p8id,' fur the mGnth ,of 'Pebruaryl973. .A!6o submitted i. the .annual re- port for the'ye&r 1972 of #leHelllth Department' and, Water -Depart- ment. 'Gilbert D. CboavenèUe City Manager CGuncilman pregier moved that the reports be received and Sed. SecGnded by MaYGrBitter. 'O8rried by the fGlfuwiDg vôte: Yeas-May(>r Bi\ter,' 'CGunûlmen Justmann, Mo1denhauer, Preller, ThGms. Nays-None. Ma<cl1 19, 1973 Honorable Mayor aIldCGunci- At' your 'meeting Gf' March 12, 1973, the petiüon Gf Phillip Po- wers for zoning reeluslfication of his property <>n J.. F. Kennedy Road was deferred I<> the meeting of Mard119th I<> permit eonsidera- ti<>n Gf a, proposal, fGr ..a .consul' tant.<lided .oQIdyof future 1ou>d..... and. traffic in the J. F. Kennedy RGad area. The, pœpose of this letter, is "l<>eonft1!m <>nr iÌltarest in undertaking, such a study" and to inform, yGU' Gf our concept for 'the, study and, for eonsultantm- vGlvement in it. In recent years, requests f G r wnlng redassiflcation' for property in the J. P. Kennedy Road' u-éa have created a great deal of cön. cern and debate, 'in 'the Council omd.eLsewhere, ""the. properfune. Uon ,Gf the road' and on :the ap- propriate development of property served by it. The' Powers petitioo is Guly the mootreccmt m a iQ ¡g series of efforts, 1011. the part If property owners and of the City, I<> achieve, a dunble ba1aD!'e be- tween the ,public intere8tLm",the Ph""e II eoBeeptual plan develop. ' ft\ent, i»eluding shqrt-I'all e pro- gram for D\ÏDOr roadway modifica. tion and interseetiGB devel<>pment. If the answer I<> *4 is "BG", de- ter1UÍ.lle ""'ether IIOJ!ÍIIII plans can be modified I<> sWt madwaY cap. acity. 5. Are projected volumes QÍ ca¡>- tive traffic ÍJI the c<>rridor suffi. cient to wanant maJ<>r ,e.eOBStroo. tion t<> aelúeve aeeepable levels of serviee (iBcluciDg ..meipated warranœ for tutme ~ develGpment at Dodge Street? Pba~e n. Col>QCPtqa¡ PlaDS for CGrridor Dev~ 1. 'W1Iat f~ vrill influence the furt\IQr growth anoIi develop- _t QÍ the ~ I)\ I>uqll<! areB? a. Wl!Bt ar41 1000Bl g(}SIB &lid. Qbjee- ti- f lf guj.<ijng future dewlop-- menU ~. 1fQw eaR I'Qa4'1fBY develo¡>- I!Ien\ pl'QI!ral!lS be _<I I<> inflll' -- Ö!C PBtte\1l QÍ future growtl\? 4. Give!! a ra"ge Qf developl!lent infIu'llOOes and local goale, wbat alte"""tiv<! lan~ anoIi roadway plaJ>ll mi!Ø1t best respond I<> th- eoaditlone? 5. WIIBt nre the probable CGsts, benefits, and like1ibood of aehiev- mot of selected altemative plans? 6. Witbin each alternative COB-- ceptual plan, wbat is the traffic service fuBclIon of J. F. Kennedy Road ...d wbat type Gf re-eonetruc- tion will be required? 7. For the selected CG""epto'al area plan, what apecifie Improve-- ments are required Gn 101m F. ReMedy RGad, inclwlng re-loca. tioo of au... poiBts, Intersection 1"$\esiJl l, PBV<!ft\ent widel!Ïl!l!, etc.? 8. What ge¡leral 16n!ng and land- use stJandards, eurb.eut policies, envirØIIfB~1 oIB!I4ards, et.e. will be r~ I<> implem<!llt the se- lected COÐeI'I"\1Isl p Q? It is our ree<>mmendation that this plaIIIIÙIII process, PBrticularly Phase II, be directed at developing information for a series of work. shop meetù>gs with various policy. makiBg g_. There WGuld not be an elaboratAo finial report or preseJltatiGII. 'l'1Ie pr<>eess is aimed mGre at creatin« a general plan- ning informaliGn file 01' the subject of corridor developnllmt, wi1h per. haps a short summary of a selected cGnceptoal plan. Special Session, March 19, 1.973 We would expect lilat Pltase I, wilieh is JIl'Í"""rily a tecluùcal e-- valu"tion Gf the e<m!idor, would be completed in six weeks. Ph"se II would depen4 Qn se~ the partiÏ.ciPBti<>n of poIiey . JJI'akiIIIg groups, and C<>uld be expected to take an additienal ~ I<> ~t weeks. The CQ$t. QÍ the stu<,ly' is estimated at a lIIII"'I!IUm Qf ten tbl!usaJJ<l. <WIIars. The aclllal c<>st woukl depen4, ÍJI pnrt, 00 the nwn- ber QÍ meetings the e" II aultant w"uld be req\lÛ'<!<l I<> a~. We ~y reqllest that the stafi be a\llllloriaed I<> PNPare fi- nal contraet doowIIenta for this studY for preS4t\tati61> to you at your meetinc QÍ April 2, 1973. Daniel Dittemore Development PkllJM!l' CG-uman Nok\e!!Mller mQved to B~" the ~ I<> ¡¡r_re CQlltr'ICt ~11161>11! fI>. a al<>dy as I!IentiQned in lelW QÍ Mardl 191h. See<!lI4ed by MaYor Bitter. Ga:r¡ie<\ by the fQIIAwiIIg ""to: Yeas-Mayor Bitter, CGUDCiImC!1 MoJdenirauer, Pregler, Thoma. Nay"....()(}uøeilmaB J1II!tmall!l. CGune!lmu Pregler I!IlIved that the rule. be lIO18IICf¥\ed in Qrder to let all /ODe prescot addr- the CoImciI if theY so deSlire. Secottded by CGUlllCi1!nan TbGIUIB. Carried by the fGllGWÍDJg vGte: Yeas-.-MaYQr Bitter, CG\IIldlmen JustmaDIl, MQklenbauer, Pr~, Thoms. Nays-N"ne. Mr. Phil Powers presented the CGuøen wilh a plat of the a:rea in ques1ion, commooly ImQwn a. Powen¡ P!aee. He again reiterated that the area tliat is presently be~ conSlidered Is in a Multiple Residenee Cla".¡n"atie" and by re. quœtiog pmfeasional use ftJr the area it W(}uJd DOt materially affect the troaftic problem along Kenn~ Road. CGmmunication Gf Planning &. ZQning CG~.i~, åateQ Marcb 9th, and forwanl frIIm the meeting Gf Mardi 12, ).Ø'1II ÍJI which the Planbi1\g " ZoI>ÍBll Com miosiGn vGted I<> table the pet:lticm until the regular ft\.etb1I of May 11, 1873 for a ,eview at that time in relatloo tø the preliminary find- ings of the _sed J. F. K. RGed 150 Special Session, March 19, 1973 151 study, and requesting CGuncil oon. eurreace in this action, presented and read. CGuncilm8I> Moldenhaller mGved I<> table the matter until the meet- iøg fG1Iowing the meeting Gf the Plaoning &. Zoniug CGmmi.ssiGn of May 16th. Seconded by CGuncil. man Justmllnll. Carried by the fGI- lowing vote: Yeao-Mayor Bitter, CG11IWilmen Juotmann, Moldenhauer, Pregler, ThGms. Nays-None. Ma~ 13, 1973 HøIlGrable Mayor and City CGuncil On Fehrqary 1, 1973, Gene G. Parker QÍ 1220 Rosedale Avenue, this çity, Ale4 claim agaiœt the City of Dubuque, IQwa in the a- mount Qf $110.20 clairniBg said da- mages _urre4 Qn December 16, 1972 as the result Gf a sewer back- w> in the bas~ of his h<>me. TIIi. matter was referred to the apprGpri.w City Ag~ woo made an investigation Gf øaid matter and on Mareh 7, ).Ø'1II advised this Gfllice of no liability on the PBrt of ,the City, all" ÍJI view <>f the forego~, it is therecoIllDlendation of the City Mtorney that the claim Gf Gene C. Parker be denied. Original claim is returned here- with. R. N. RUSß<> City Attorney CGuneiln1an Pregler moved a¡>- pmval <>f the reeommendati<>n. Se- eonded by Mayor Bitter. Carried by the foIloWling vote: Yeas-Mayor BItter, CGunA>ilmen JlIstmann, Moldenhauer, Pregler, Thoms. Nays-N<>ne. Notice <>f e!aim Gf Telemahos Bogas, in the ammmt Gf $00. fGr damage and expense fnoorred as the result Gf a sewer back-<lp at his OOme at m Dillon Street Gn March 6, 1973, presented and read. CG1IIIciJm811 Pregler moved that 1he eJaim be referred I<> the City A""me)' f"r in"estig>atiGn and re- PGrt. Seconded by MaYGr Bitter. Cnnied by the following VGte: Yeas-MaYGr Bitter, CGuneilmen Justmann, Moldenhauer, Pregler, Thmns. Na",.....Nolle. petttion of Clement F. PGYer by Gary Norby attorney requesting vaca.tion and c<>nveyance Gf wt 2 Gf 2 of Randall's SUb. No.2 a portiGn of wbieb i. encroached upon by 1he Brookside Dairy build-- ing at 80 S<>uthern Ave.. presented and read. CGuneilman Pregler mGved that the petition be referred for proper proceedings. Sec<>nded by Councilm'an MGldenbauer. Oar- ried by the following vote: Yeas-May<>r Bitter, CGuncilmen Justmann, Moldenhauer, Pregler, ThGms. Nays-.-NGne. Petition Gf Laras CoUege Student Senate requesting permis6i.on to CGndnct a carnival shGW Gn the wras CGUege campus Gn April 27th 26th and 29th, 1973 presented and read. C<>I¡nc:i\man Pregler moved appmV'a1 of the petitiGn and same be referred to the City Manager. SccGnded by CGuncilman TbGms. Carried by the folloWling vote: Yeas-Mayor Bitter, CGuneilmen Justmann, Moldenhauer, Pregler, TbGms. Nayo-None. Petition of wras College Stu- dent Senate requeo1in¡¡ permi..,;on to CGnduet a fireworks display Gn the wr"" CGll- campus 00 April 27th 1973, presented anoIi r<tad. CGuncilman Pregler mGved appro- val Gf the petitiGn and same re- ferred I<> the City Manager and Fire Chief. Seconded by CGuncil- men Thoms. Carried by the follow- ing VGte: Yeas-Mayor Bitter, CGuneilmen Juotmann, Moldenhauer, Pregler, Thoms. Nay&-None. Petitioo <>f H. W. SbelJler re- questing a refund Gf $25. on the unexpired portiGn Gf eigarette Ii- ceD5e NG. 187, as he has discon- tinued buSliness Gn Febroary 27, 1973, presented and read. MaYGr Bitter mGved that the refund be granted and the Auditor instruct- ed to issue prGper warrant. Se- conded by CGuncilman 'l1boms. Car- ried by the foJilowting vote: Ye8.S>-Mayor Bitter, CGunci1men Justmann, Moldenhauer, Pregler, Thoms. Nays-Nooe. 152 Petitio<> 01 Cyril J. Fries re- I questing a refund of $227.50 Gn the unexpired portioo of LiquGr License NG. C-43ll, as he has dis- cGntinued bUSIÎness on March 16, 1973, presented and read. MaYGr Bitter moved that the refund be granted and the Auditor instructed to issue proper warrant. SecGnd- ed by Councilman ThGma. Carried by the fGllowing vote: Ye_MaYGr Bitter, CGuncilmen Justmann, MGldenbauer, Pregler, Thoms. ' Nays-None. , RESOLUTION NO. 89.73 Authorõxlng . the publication 0 f notice of' ule of protect not e s (First Series 1973) and there. c~¡Y¡ng of proposals for "'" sale of sarli notllS for the. c!l>wntown Urban Renewal Prolect¡ low.. R.15. WHEREAS, under date Gf Julf 26, 1967, tile City Gf Dubuque entered into a wan and Capital Ii Grant Contraet.forthe underbaking : of the Downrown Urban Renewal Project, Iowa R-15; and WHEREAS, under date Gf July 3, 1972, the Council Gf the City Gf DUbuque adopted Resolution NG. 213.72 authorizing I<> be issued, fÌ'Gm time I<> 1ime, pmject Notes in eoooect.ion with the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, under date Gf Oc. tober 16, 1972, the Council of the City Gf Dubuque authorized the issuance and "'1-le <>f Its Pmject Notes in the aggregate principal amount Gf $1,725,000 I<> finance cer- tain undertakings in CGnnectiGn with the DowntGwn Urban Renewal Pmject, Iowa R-15; and WHEREAS, ino~er I<> refinance said Gutstanding Project NGtes and to provide addW.Gnal funds fGr pro. ject activüies, it is necessary fGr the City of Dubuque I<> sell Project Notes (First Series 1973) totaling $1,741,000; now therefGre BE IT RESOLVED BY THE coUNCIL OF THE CITY OF DU. BUQUE, IOWA: SECTION 1. Tbat the City Clerk be and he Is 'hereby authorized and directed I<> publish according to law, "Notice of Sale - Project Special Session, March 19, 1973 153 in II fGrm aPPr<>ved by the L<>cal Issuing Agency. Copies <>f such fGrm Gf proposal and infGrmalion ooncernmg the Notes may be Gb- tamed from the Loc'al Issuing A- geilCW at the address. indicated a- bove, Detailed infGrmation with re- spectl<> the cGnditiollB Gf this sale may be obtained from the March 20, 1973 i...,ed Gf The Daily Bond Buyer. . Councilman Pregler mGved ad<>¡>- .tion of the resolutiGn. Seconded by Councilman ThGms. Carried by the fGUówing vote: Yeas-MaYGr Bitter, CGuncilmen Justmann, MGldenalluer, Pregler, Tboms. Nays-None. City Gf Dubuque, IGwa By Loo F. Frommelt, City Clerk RESOLUTION NO. 90-93 Approving the tixed-prlce compe. tltlen method for offering certain land In the Dewntown Urban Re. newal Protect, Iowa R.I5, for reo development by private developers WHEREAS, under date Gf July 26, 1967, the 'City Gf Dnbuque and the tln!ted States <>f America en- tered ÍI>IO a wan and Capital Grant CGntract for the undertaking of the Downtown Urban Renewal Project, Iowa, R-15; and WHEREAS,under date of May 18, 1967, the C<>uncil of the City of Dubuque, after a Public Hear- iug, duly adopted an Urban Re. newal Plan. for saô.d Pmjecl and which Urban Renewal Plan is Gn file in the Office Gf the City Clerk and is recorded in the Office Gf the ß.eeGrder Gf Dubuque CGunty, f<>wa, in Book 295 of Mortgages, I'lrges 235 I<> 259; and WHEREAS, _ant to said Ur- báll Renewal Plan and satid wan and Cltpital' Grant Colltract, the 'dity of Dubuque has and is ac- , qÍlÌribg .land,'reIGCating s.ite occu- I pants, remGving structures and other improvemellolis, and ooœtruc- ting and recGlIB!ructing site im- pr<wemellolis and public facilities,; and WHEREi\S, tile Urban Renewal ,PJaIl ll'Gvide fGr the sale <>f certain land fGr redevelopment by private develope",,; and WBEREIAS, the Fixed-Price CGmpetitiGn method permits the sale of land on criteria and fac- Special Session, March 19, 1973 Notes" in the fotm of ExhIbit "þ.!' attached hereto and made .. part hereof. SECTmN 2. That the City Clerl< be and he is hereby autborized and directed I<> aetept and tabu- late proposals for the sale, of satid ootes and I<> send telegrams <>f aeceptance to the low bidder. or bidders all in accord"""" with ÍI>- structi<>DS CGvering such. trllDSaC- tiGns as pro\Med w.the Depart-- ment Gf HGusing and Urban De- velopment, United Staw.of ,Amer. ~L ' I' SEC'J;lON 3. That a ,meeting of the CounciJ. of the clty"f Dubuque shall beheld .after the bl.dopeniìlg date of Aipril3, i973, 'to . adept I' such resolution or têso!l1tiôllti 'M- i cessary for the c_mation, of the sale of I'rÐjeetNotes (FiM SerieS 1973) I<> 'the lowest bidder or bidders. ' Passed, àppròved aild'adÖpted this 19tbday <>f March; 1973, JGsephJ. Bitter Mayor ' Walter A. Preg!er Allan T. Thoms Wayne A. MGJdenhauer C. Itobe1t Justmanb CoUnciIInen Attest: Loo F. FrommeJt City Clerk "EXHIBIT A" Notice of sale - protect notes, City ofDubu_, Iowa. Sealed proposals will he 'received by City Gf Dutluque, (herein caned the "Local Issuing Agency") at CGuneil O>ambers - 01ty Hall, 13th and Iowa StreetB, in the City <>f Dubuque, State Gf Iowa 52OOl, until, and publicly opened at, One 0'- CIlock P.M. (E.S.T.) on' April 3, 1973, for the purchase '1f $1,741,000 of Project Notes (FirstSeries,l973) being is.sued ,to 'aid infinaDcine its project(s) ,IllS follows: Amount, $1,741,000; Series" Fint- 1973, Maturity, NGvember,2, 1973, The NGtes will he dated Me,y 1, 1973, will be payable to bearer on ,the Maturity Date, and wiU bear interest at the rate or rates per annum fixed in ,the pr<>pooal or prGpooa}s accepted fot the pur- chase <>f such' Notea. AN proposals for the purchase of said Notes sban be,wbmif:led oors Gther than price and in the best Í1IItereo1>s Gf the Urban Re- newal Project and the City Gf Du- buque, oow therefore BE IT RESOLVED BY THE CI- TY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the d<>cuments pertaining to a proposed Fixed- Price CGmpetition offering Gf a certain parcel Gf real estate set forth in ouch dGcumeDts, a CGPY of which dGcuments are made a part bereof and filed of reeGrd in the Office of the City Clerk and as they ma~ be revised as necess'ary to comply with the re- quirements of the Department of Housing and Urban Development, are hereby appmved. Section 2. That the Fixed-Price COmpetition methGd of oNering cer- tain land fGr sale for redevelop- ment by private develGpers is the appropriltte method of making the land available for redevelGpment. Section 3. That the price fGr the dispœal of said parcel in- cluded in the proposed offering bas been determined to be n<>t less than the fair price fGr the land fGr uses in ""oordanee with the Urban Renewal Plan and said prices are hereby approved. Section 4- That the City Mana- ger and the Director Gf Urban Renewal be and are hereby au- thGrized 'and directed to pr<>eeed with the prGpGsed disposal Gf the parcel set fGrtb in the attached dGCuments in accordance with the propœed disposal pr<>eedureand all Gther applicl>ble requirements. Section 5. That the City Clerk be and he is hereby authorized and directed I<> pubJisò "Invita- lion fGr Proposals" fGr the sale of certain parcels Gf real estate, in the fGrm Gf Exhibit "A" at- tached herel<> and made a part here<>f. P..sed, approved and adopted this 19th day Gf March, 1973. Jooeph J. Bitter MaYGr Walter A. Pregler Allan T. ThGms Wayne A. Moldenhauer C. Rbbert Justmann Counâlmen Attest: Leo F. Fr(}Jnmelt City Clerl< --- - 154 Special Session, March 19, 1973 INVITATION FOR PROPOSALS The City of Dubuque, IGwa, in- vites proposals for ll1e purohase and redevelGpment of prGperty in the DGwntoWII Ur.ban Renewal PrG- ject, Iowa R-15. Parcel 1-lA i. located immediately SGuth Gf the Bus Depot which is 10Clated Gn Filth Street between IGwa Street and Central Avenue. Parcel 4--2 represents a single block i><>Unded by Fow1h, Main, Fifth and fuwa Streets. Parcel NG., 1-lA, Approxinrate Square Feet, 7,960, Use, CGmmer- clial Service Area. Parcel NG.. 4--2, Appt<>xinrate Square Feet, 68,000, Use, Transient Housing aOJd..<>r CGmmercia!. Ser. vices. F'Uli infotmation, insI.ruètions and bid doouments. needed I<> pre- I pare proposals may be obtained by depositing $10.00 with the De- partment Gf HGusing and Rede- velopment, Suite 1Q-B, F i s c her Building, Dubuque, IGwa, fur each set of Doeuments. Each such de- po!lit shall be refunded if the DG- cuments are returned in good con.- dition within 30 days after bid opening. All prGpoSals must be received at the GHice Gf the City Clerk, City Hill, 13th Street and Ceotral Avenue, Dubuque, Iowa, no later than 10:00 A.M. CST Gn, 1973, at which time all bids will be publicly opened and read in CGundl Cham. bers. Eaeh pmposal must be accom- panied by a good faith depoSlit in the form of a certified check or bank draft payable to the City of Dubuque, or a saliofactory bid bond, in an amGunt equal I<> 10% of the amount Gf the Gffer. AddiitiGnal informa-tion CGucern- ing the City of Dubuque's Land Marketing Progr"m fGr the Urban Renewal Project may be obtained ftGm Gent M. Wittenberg, Direc- tor of the Departníent of Housing and Redevelopment. (PhGne (319) 588-0017) . LeG F. Frommelt City Clerk C<>uDcUman Moldenhauer mGved adoption of the resolutiGn. Second- ed by CGuncUman Pregler. Car- ried by the fo»owin4í vote: Yeas-MaYGr Bi4JlJer, CGuncilmen JustmaJ>l1, MoldeJJbauer, PrCller, Thoms. Nays-None. Mr. DaVII.d Clemens, a member of the CGunty--City Law Enforce. ment Center Committee, address- ed tI1e CGundl relative to a pro- pGsed alternate CGustruction plan being CGnsidered for the CGunty- City Law Enforcement C en t e r building. The Grl inal plans balled fGt omy a partial basement ul>der the building but as the result of recent test borinllS of the soil deeper footings Will be required. The CGunty Board Gf Supervisors ha.ve indicated the need fot an alternate stndy Gf the plans. The bids fGr the center will be tàken on May 22, 1973 and be let Gn May 29, 1973. Councüman MGlden- hauer mGved that the City Mana. ger be authorized '" partidpate with the Board Gf Supervisors in the extra cost Gf $3iOO. fur plans as an all.emate for a fun base- ment under the CGUDty-City IIIw enfGrcement Center buüding. &e- CGnded by CouncUman Pre g I e r. Csrnied by the fGlowing vote: Yeas - C<>uncilmen MG1denhau- er, Pregler, TIl(}ms. Nays - MaYGr Bitter, CouncIl. man Justmann. CGmmunicatiGn Gf Optimist Club <>f Dubuque submitting a proposal fGt establishing and developing a children's ZOG in F. D. R. Park, preseutedand read. Three menibers representing 0p- timist Clubs from lI1e City address- ed the CGundl by revealing their pi.."" for the proposed zoo pro- ject. They oIated tbaI: Pháse 1 woUld cost from $30,000 I<> $40,000 to be reali:led from fund drives. The CouncIl WII8 reqQ8s1ed I<> ac. cept the responsibility fur opera- tion of the zoo. TIle C<>uncil reo quested that the members Gf the Optimiost Clnhs confer will1 the Sehool Board, County and other tri-State Governmental. agenciu. CGuncilman TbGms moved that the Optimist communicatioo be re- ferred tG the CGuncil for furthez consideration. _oded by CòUn- Clilmm MGJdenllauer. Carried by the fullowlDg vnte: Yeas-Mayor Bitter, CouDclbnen Justmann, Mo1denhaüe>', Pregler, Thoms. Nays-None. Special Session, March 19, 1973 Ceunci! recessed at 10:00 P.M. Reconvened at 10:13 P.M. CGmmuuieatioo Gf Dubuque Park BGard along with the Recreation Depar1ment presented a format consisting Gf Parband Recreation Mini Plan, Parks and Recreation Maxi Plan and a review <>f 1972 Recreatioo Department activities. Various meml>eM of both the Park & RecreatiGn Departments disc.....ed their "ariGus d e par t- mental fnndÅons both as to the present and the future. C<>uncilman Justmann moved that the repolltis be received and filed with ins_GlIB to the Park and RecrealiGn CGmmisSlions t G CGme back willi a capital impmve- ment pmgr"",. Seconded by CGun. eilman Pregler. Carried by llie fGUowing VGte: Yeas-Mayor Bitter, CGuneilmen JIJstmann, MGldeooauer, Pregler, Thoms. Nays-None. There being nG further business CGuncilman Justmann moved I<> adjourn. Seconded by CGuncilman Pregller. Carried by the following VGte: Yeas-MaYGr Bitter, CGuncilmen Justínañn, MGldenhauer, Pregler, Thoms. Nays-NGne. Le<> F. Fmmmelt City Clerk. 155 Approved """"""""""""""""" 19'13 .\dopled """""""""""""""""" 1973 ......................................................... """"""""""""""""""""""""""""" .......................................................... """""""""""""""""""""""""""'" .......................................................... Councilmen Attest: """"""""'ëïïÿ"ë¡;;;¡;"'-"""'" 156 Special Session, March 26, 19'73 CITY COUNCIL OFFICIAL Special Session March 26, 1973. Council Met at 7:30 P.M. (C.S.T.) Present - Mayor Bitter, Coun. cilmen Justmann, Mol denhauer, Pregler, Thoms. City Man ager Gilbert D. Chav_lIe. Mayor Bitter read the e"ll and stated tilat service thereof bad been duly made 8Ðd this meeting is called fGr the purpose of con. ducting a hearing to amend zoning ordinance No. 3.34, by amending Article IV section 2 (h) to include certain described real estate in which professional oHices or stu- dios of a physician, dentist, erchi. tect, engineer, lawyer, realtor, in. surance musician or similar pro. fessions may be permitted, (West 4th & Bluff Street area) and aeting upon such Gther business as may properly CGme before a regular meeting of the CGuncil. RESOLUTION NO. 91.73 WHEREAS, Leo F. Frommelt, City Cierk Of the City of Dubuque, IGwa is ill; and WHEREAS, a deputy City Olerl< should be appointed in his absence; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Saction 1. That William J. 0'. Brien be and he 18 hereby appoint- ed Deputy City Cierk in and for the City Gf Dubuque, IGwa. Section 2. That the said William J. O'Brie.. a. Deputy City Cieri< shall discharge the duties of his Gfiice in coDformanee with the CGnstitutiGn Gf the United States of America, the laws of the State Of IGwa and the Grdinanees of the City of Dubuque, IGwa'. Passed, appmved and adGpted this 26th day Gf March, 1973. Joseph J. Bitter MaYGr Walter A. Pregler AllanT.Tbmus Wayne A. MGldenhauer C. RGbert Jus1mann C<>1l1>cllmen Attest: Leo F. Frommelt City Cieri< William J. O'Brien Deputy CGuncllman Mo}denhauer 'mo~ed adGption .Of the resoilRioD. SecøI1. ded by CGuneilmaD ,~egler. CaT- ried 'by the followùJc ,vote: Ye_Mayor Bitter, CouDeIImen Justnllmn, Moldenhauer, Pregler, Tboms. . Nays-None. Mayor Bitter administered oath of office I<> WilliOJm' J. O'Brien a. Deputy City Clerk. 'Comm1lnication Of Mrs. Carlton Mottille being in favor Of rets.lnbq¡ some snIt of bns system for UIe City, presented and .read. Mayor Bitter moved that the com'JØUnioa- tion be received and filed. Second. ed by Couneå1manM<>1denbauer. Carried by the fGllowing vote: Yea8-Mayor BItter, CouDciImen Justmanll, Ma1denhauer, Pregler, ThGms. Nay&'-Mlne. Communiealtion of F1'8IIIt A. Pa. tike Of Cedu Rapids objedilll/ I<> treatment received as a result of parking meter violatiolll, presented and read. '1I(ayor Bitter moved .that the CGmmumeatiGn be received and filed. Seconded by Councilman M<>l. denhauer. Carried by the fonowing vote: Yeas-Mayor Bitter, CoUDCØmen JustMIiIltt, Jl[òldenhllUer, Pregler, ThmDS. Nays-NGne. CGmmunication Gf Low.R e "t Housing CGmmission' s U b mitüng minutes Gf ,their meetinc of March 20, 1973, presented and read. MaYGr Bitter moved that the cGmmlll>Íca. tion be recëived and filed. Sèéo1ld. ed by CGuncilman Moldenhauer. Carried by the fGllowing'vøte: Ye¡'¡"":MayorBittêr, CGuneümàn Justmann, Moldenhauer, Pregler, Thoms. Nays-None. CGmmunication Of Low.R e .. t HGusing CGmmission expressing a deSlire to meet with the CGuncil regarding the Dubuque Housing As- Slistance Program, presented and read. Councilman TbGms moved that the CGmmunieation be referred to the Council and Manager for the work SC!>SIi<>n Gf March 29, 1973. SecGnded by Councilman Just- mann. Carried by the fo)¡lowing vGte: ' Yeas-Mayor Bitter, CGuncllmen Justmaoo, MOldenhltUer, Precler, Thmns. Nays-None. Spe~ Session, March 26, 1973 ~tion of, Dubuque Ad- VÎliÐry ,CttmmissiOn submitting a new paragnpbAn their by-laws, "2. Four ab..""es hm regula,rly scheduled monthly meetings in a periDdof Øne year shall cGnstitute alltDmati. l'ecommendatiGn I<> Ma- yor and City CGunci1 fGr replace- IDCUt. ", p~ -head Conn. eihri-an Justmann moved that the wmm\lnica'ti<>Í> be referred I<> the City S<>1id,l<>r' for pr<>per Pr<>ceed' UJeII, ~nd that other &ards and ~øm., be sø adviSOl<l. Se- cOnded bÝ. CGunci1m.... 'Ibom$. Ca,r- I rií;d by .1JÌOI, toUò.wIncvote: 'Yè¥-~o~Bitter. CGnnci1man J~aIIJ>, J4ø1denbauer" Pregler, 'I:heIIIB. Nåys.:.-Nœie. Commlll>Íeation Of dI&' DubuqUe B9ard Of DcI,Ii: CommiBoioners sub- ~ m,\DI!tc !. Of ,their meetings Gl J:;IIIIW:Y 22pd a¡Íc\, Feburary 19, l.973; pr~ and rea<l. Counci1. m¡m Pregler mo.ved that the com. munica.liGA berec<:ived and filed. ~qnd'" by' Counci1man Molden. bouIe.r., C~edb¡r the folloWÙIg wte: , . :Ve~""""aJOr Bitter, Counci1men J\astnuI... .I(oJdeullaQer, Pregler, 'l'M1I .' . ~ ProOf Gfpublleation, certified to by the Publiœer, of Statement Gf ItCeeipœ aI1d DisburseJœDts and OJ Ji~ óf elilllb$ fer Febmat-y 1973, presented and read. C<>unellman Pregler mGved that tbePr<>oi Of Pub1icatiov. ,be ~Yed and filed. Secon4ed bY Conncilman 14okhm- h1iuer. CW'ù:d by. .the fo1lowing vote: .¥eas-MI\YW Bitter, Councilmen Jlls~,:HoJdenl1auer; Pregler, ~ N~YS-~l C. Mardi 19, 1973 To tile Hon.orable M'ayor a;,Id, ~ CGIUIOU I submit I<> yOU the certified report Of the Municipal Sewage DiIll'<lS81 Worlos and Facilities for the year 1972. Gilbert D. Chavenel1e City Manager Cenucilman,Pregfer IIIoved tbát the report be received and filed. Sêcoùded b,.Cbunci1manMo1<Jen.; 15'1 hauer. Carried by the. fGlløwiÐg vote: . Yea1>-Mayor Bitter, C<>uneilmen Justmann, Moldenbauer, Pregler, 'lbGm.. ' Nays-None. Fe~ 12, l.973 HGn. M'ayor and City Cow¡cij On J.anuary 16,' 1973, Mr. and Mm. Kenneth KunJtel Gf 1970 Lin. e.ob. Avenue, ibis citY, filed elàim against the. CItY. Øt DubuqUe, in tIíe am()UJIt 01, ~'oo ÏJ) add! iGn to resiibmittmg claim moo by them on' September>, 16,' 1172' in" lIIe amount of $587;95 and' wbich clllåm had been denied hy the city. &th claims arise Gut of ... se\'ter baèk- up, on J~,6, 1973 and on August 2, 1972 and September 13, 1972, respectivety. C1ai\n.ànt in' re- sub,mitting the. September 1 &7 2 claim says same is dOIIe as he fI,els tile ¡H'Obtem lies In adefec. tive sewetlåtte. . , This matter wa$ refe,r¡ ;èill<> t!le appropmteCity Agency; who, ó\Ì February 7, 1973 repoI'!ed nG neg' ligenee ôìÎI!ie p"rt .of'the CitY, nor anr Ü'ability therefore; and in . view' óf . the foregóing, it is the reCGmmendation Gf t!le City Attorney 'that . said claims be de' nied. Orig;nal claim. is. reÌurned here. with. " R. N. RUBI!o City Attorney CGuneilman MGldenhauer mGved approval Gfthe, recommendation. SeCGnded by M~r, Bitter. Car- ried by the follGwing VGte: " Yeas-14'ay~r 'Bitter, CGuneilmen Justman.., ,MGldenf\a1ler, Pre¡¡ler, ThOms. , Nays-None. February 12, 1973 HOD. M'aYGr and City CGnnci1 On JIU IIUy 15. 1973 lliclraod A. Meyer of, 2Ò85 RGosevelt Street, ibis city filed clailn ~gairJo¡ttbe City of Dubuque claiming ðamages in the amOlll>t óf $150.00 and aUeg. in¡ said ðamages. n«urred on Ja. nuary 6, 197388 the lesult Of a sewer backup. This m'8tter waø referred I<> the appropriate City A118JIIC3', \Vb<> by 158 Special Session, March 26, 1973 letter dated February 7, 1973, ad- vised the City Attorney Gf 0<> Jla. bility nor negligence 01> the part of the City, end in view Gf the fGregGing, it is the recommepda- tiGn <>f the City Attorney that said claim be denied. Original claim is returned here- with. R. N. Russo City Attorney CGuncilman MGJdenhauer mGved approval Gf the recon¡n¡enda<!iGn. Secoocled bY Mayor Bitter. Car- ried by th. following vote: Yeas-Ma.yor Bittør, CG\IIlcilmen ¡ustmaJlill, !/IoJdenllauer, Pregler, ThoII!s. Nay.s-.None. FebPlary 12, 1973 lion. Mayor and City C<>uncil On JaJJill8ry 12, 1973, pete TIm- meMIIiaD of 1880 lÅIM!<>1!I this city, filed claim -againSt \he City Gf Dubuque claiming d"mages in the an¡ount of $1.30.00 alld alleging said daJnages øcCU11'ed on January 6, 1973 as the result of " sewer back- up. Tbis m(ltter was referred I<> the app.-Gpriate City Age""y wbo, Gn FeÞ"'ary 7, 1973. IlCivised the City Attorney Gf nG neJigience nGr lia- bility on the part Gf the City, and in view of the foregGing, it is the recomn¡epdation of the City Attorney that said claòm be denied. Original claim is returned here- with. R. N. Rusoo City Attorney Cc>unciiman !/I<lldenhauer moved apprGval of the reeommendatiGn. Seconded by Mayor Bitter. Cu- ried by the f()\lowing vote: Yeas-J\fJaYGr Bitter, C<>UJ>CÍlmen Jœtmann, !/IG!denhauer, Pregler, Thom.. Nays-None. Notice of claim of Bel'!Wanger Boiler Shop Inc. in the amGunt of $544.1 7 for expense incurred as the result <If a plugged up sewer at 2240 Kerper Blvd. in February, 1973, presented and read. C<>uncil- man MoJdenhauer moved that the nGtice Gf claim be referred to the City S<>lieitor for inveotigatiGn and report. Sec(}lJded by !of¡aYGr Bitter. Carried by the following vote: y.,........Mayor Bitter, eo"""ilmen Justmann, MGJdenhauer, Pregler, Thoms. N"yo--None. Notice of clain¡ <>f John N. Boet Sr. in the amount of $88.50 for personal inònries received in a faU on a defeclive sic ewall< at East 22nd Street between Jacks<>u & White Street!; on January 20, 1973, presented .1Id read, eouneilman Mold.nabauer Dl(}Ved tIIat \he nO- tice Gf claim be referred to the City S<>låcitor f<lr investigati<>n end report. Seconded by May!)r Bitter. Carried by the follow!uig vote: Yeas-MaYGr Bittel", Councilmen Justmann, MG!denhauer, Pregle.r, ThGms. Nays-N<lne. NGtice Gf claim Gf Insurance Company <>f NGrth Ameriea ad. visi"g the CIty of a claimant nam- ed Gail Riehardson who fell Gn the east side <>f Grace Street along UniveI'Sity of Dubuque C8JDPUS Gn January 24, 1973, fuI1 amOUJlt of dan/ages has not been determined, presented and read. CGuncilman MGJdenbauer moved that the 0<>- tice Gf claim be referred to the City S<>licitor fGr investíga<!ion aDd report. See<>nded by C<>uneilman ThGn¡s. Carried by the fGllowing VGte: Yeas-MaYGr Bitter, CGU Icilmen Just¡nann, MGldenbauer, Pregler, Th(}læ. N1Iys-NQ 1e. Notice Gf claim of Janet K. Mete. lak & RGbert Metelak in Che amount Gf $30,000 for iJljuries re. ceived by Janet K. Metelak Gn June 3, 1972 on a defective side- walk, Original claim WIllS filed !)n July 28th, 1972, presented and read. Councilman MGldenbauer m 0 v e d that the ooliice Gf claim be re- feNed to the City S<>licitor fGr investiga!iGn and report. Secønded by C<>uncilman TOOms. Carried by the fGUowing vote: Yeas-Mayor Bitter, Councilmen Justmann, MGldenhauer, Pregler, Thoms. Nays-NGne. ProGf Gf Pub1li.catioo, certified to by the Publisher of n<>tice Gfhear. ing I<> amend Zoning Ordinance No. s-34, by amendinll Anicle IV Special Session, March 26, 1973 Sectioo 2 (b) to ÎJIclude profes- SIional offices or sWdiGS etc. (Weot 4th Street area). CGuncilman Preg- ler lOOVed that the ProGf Gf Pub. lication be reeieved and filed. Se- conded by CGuncilman ThGms. Car- ried by the following vote: Yeas-Mayor Bitter, CGuncilmen Justmann, Pregler, Thoms. Nays-NGne. Abotained - C<>uneilman MGI- denhauer. Mayor Bitter moved suøpem¡ion Gf lI1e rul.... Seconded by Council- IlIaD TOOms. Carried by the fGI- J.owin« vote : Yeaa-Mayo.- Bitter, CGuncilmen Justmann, Pregler, TOOms. Nays-..Nooo. Abotained - CGuncilmm Mol. deRbauer. Rulb Nasi¡, Ricl1ard R<>berison, Elizabeth Robertson, Earl Steinin- ger, Wayne A. Norman Jr. address- ed the Council in support Gf the rezoning of the West 4th Street area to profCS6lGnal use. IWthleen Masterpole, attorney for the residents 01 the West 4111 Street area, Dum Reardon, and Marion Ryder addressed the CGun- cil VG;";,,g their opposition I<> tile pr<>posed rez() ¡jug 01 the West 4th Street area. Herb Kiefer addressed the CoUDeil relative I<> Fen e Ion Ploee eleval<>r and oow long it will be in exiJteowe. CGmmunicatiGn of Kathleen Mas- lerpole, att<>rney for pl'Operty own. .... in the Wellt 4th Street area _ing the rezoning (fo.......-d from meeting of March 6, 1973) preoe- and rend. C<>omeilman Pregler moved tint the cGmmun!. cation be r«eived and filed and referred I<> the Flaming & Zoning CGmmisslon. Sooonded by Council. man Thoms. Carried by the follGw- ù¡g vole : Yeas-Mayor Bitter, Cotmcilmen Juøtm..nn, Pl'Clller, 'Iborns. Na,....NoDe. Abstained - Councilman MG!- denbauer. PetitJon of David J. ReardGn et. a!. (191 signers) requesting that the West Fourth Street area re- main residential and nGt business zoned (petitioners not from the immediate area), presented and read CGuncilman Pregler moved tltat the petition be received and 159 filed and referred to the Plan- ning & Zoning CGmmisSlÎ<>n. Se- conded by CGuncilm.an 1b<>ms. Car- ried by the following vote: Yeas-Mayor Bitter, CGuncilmen Justmann, Pregler, Th<>ms. Nays-None. Abstained - CGuncilman MGI- denhauer. Petition Gf Kathleen Maslerpole et. a!. (94 Sligners) requesting to be heard at the meeting of March 26th in objec1ion to the reZGn!ng of the W...t 4th Street area, pre- sented and read. Councilman Preg- ler moved that Ibe petition be re- ceived and filed and referred to the Planniug & Zoning CGmmis- sion. Seconded by CGuncilman ThG- ms. Carried by the folloWling vote: Yeas-MaYGr Bitter, CGuncilmell Justmann, Pregler, Th<m>5. Na}'S-NGne. Abstained - Councilman MGI- denbaner. Pe1ition Gf DOrrance Pit. et. &1. (15 Sligners) requesting amendment Gf Zoning Onfinanee for pr<>fes- sionltl office use classificatiGn I<> strike oot lines "beginning at the north Line Gf W...t Third" and illßert "beg!inning at the oorth line of West Fifth Street", presented and read. Councilman Pregler moved that the peitJon be received and filed and referred to the Plan- ning & Zoning CGmmisslon. Se- conded by Counclhnan Thoms. Car- ried by the fo\lGwing vote: Yeas-Mayor Bitter, CGuncilmen Justmann, Pregler, TOOms. Nays-NQne. Absta.ined - Cooncilm..n MGI- denhauer. Petition Gf Ruth & Russel Na.h requesting reZGnÎIJg <>f pr<>perty at 471-73 Wellt Fom1I1 Street I<> pr0- fessional use classification, (fGr- ward from meeting 01 March 6, 1973), presented and read. CGun. cUmAl> Pregler =ved that the pe- titiGn be received and filed and referred I<> the Planning & Zoning CGmmiSlSåGI>. Seconded by Coun- cilman '!bGms. Carried by the fol. IGwing vGte: Yeas-Mayor Bitter, CGuneilmen Justmann, Pregler, Thoms. Nays-NGne. Abstained - CGuncitman MGI- denbauer. Carried by the foJlowiDg VIJte, YellS-Mayor Bitter, ConII<:ilmen Justmaoo, Pregler, TOOms. N"Y5-NGne; Abstained - CGun- cilman MGJdenbauer. ORDINANCE No. ,15.73. An ordinance am8ncliJ!t or d-i. nance No. 33-49 known al ,he "Tro. ffic coda of Dubuq.... Iowa", 01 Amended, by r_aling subHction 21 of section A of IchedUle IV ,thereof and enacting a new Iub- , section 21 to section A of """"10 , IV in lieu thereof to limit parking , of motor vehicles on - her. inafter designated, pr.m_Jry, pre- sented and read at 'meetiD fGf M"rch 12, 1973, presented..nd 'nod. Councilm'aD Pregler Dioved tliat the reading be coosidered the Be- CGnd reading of the Mdina""e; ,SeC conded by C<>!mcilnlan ]I 0 Ide n- hauer. Carried by"" {oJIc);riÐg vote:" ,,' Yeas-M'ayor IDtter;ècnincllllnen JuoImann. MOldenhauer, Pr4 gler Thoms, NaY5-NGI>e. ORDINANCE NO. 16-73. An ord--' emending, 0 r d I. nanco No. 37-65 known al tho "Str- ParkIng Meter Ordinance of Dubuque, lowo" el amended by ~aling soctlon 6 and ooch subloction thereof, -"on 7 and section 8 and _ctint a new sec- tion 6, a new section 7 and 0 new section 8 in II... thereof to establish thrM parking meter dIs. tricts, toestoblllh.the roquired deposits of U. 50 coin' inlaid, ..... spactivo porklng', metor districtS and'establilhingthe,hours of legal parking in the ~I~O parking meter Ipa- within the respactlvo districts, presented aDd previouSly read at meeting of M"""h 12, 19'13, presented and read Councilman Pregter moved' that the reading be considered the se- cond reading of' u,e 0rdiDaDee. See<>nded by C<ItIneümaD JloId6n- hauer. Carried by ... following v<>ie: Yeas-Mayor Bitter, CGuncllmen Jœtmann, Moldenhauer, p...,g¡er, ThGms. Nays-NGne. Communåeation of the Dubuque Advisory Coml1ÛSSÓOll iD reply I<> Council request al Ix> fee 8c!IIiduIe of $5.00 for the Pluml>ÏDIi Board, 160 Special Session, March 26, 1973 Special Session, March 26, 1973 161 Petition Gf Ruth Nash et. aI. (5C12 signers) in- support of the rezoning Gf We&! 4th Street area to allow GPeratim> Gf a limited a'rt gallery (foJOWard fr<>m meeting of Marcil &, 1973) presented and read. CGunci1man Pregler, moved that ,the petition be received and filed and referred to the Planning & Zooing CGmmislSion. Seconded by Councilman TOOms. Carried by the follo"'ng vote: Ye~9-M..yor Bitter, Councilmen Jmrtmann, Pregier, ThGms. Nays~None. Abstained - CGuneilman Mol- denbaùer. CooJ,munieation of Eizabeth RG. b8Ì>tson et. al.(17 signers) Fowrth Street Artist Cooperative request- in!¡ rezoning Gf West 4th Street between ~ Str'eetand Fenelon Pla¡oe elevator, (fol'Warded fro, n- meeting of March 6, 19'13), pre- sented ami read. C<>!mcilman Pre- gler IIIGved that the eommuniœtion be received aDd filed and referred to the Planning" Zlming Com- miSlSion. Seconded by Councilman Thmns. Carried by the following VGte: Yeas-MaYGr Bitter, Councilmen Juotmann, Pr4 gler, 'l'11om.... Nays-None. Abstained. CGUI>- cilman M<>idenhaue:r. 'M'ayor Bitter moved to reimpose the rules. Seconded by Councilman ThGms. Ca,rried by the fGJIowiDg vote: Yeas--Mayor Bitter, Councilmen Justmann, Pregler, TDoms. Nays-None. Abstained - Coun- cilman Moldenhauer. Ordinance Amending Ordinance No. :¡.; 4 known as the "Zoning Map aDd Zonšng Ordinaœe Gf the City of Dubuque, Iowa" by Amen. <Ù4! Article IV, Section 2 (h) there- GI I<> include certain described real estate in which proiessiGnai offices or stnd!(}S of a pbysician, den&!;, arcilÍtect, engineer, lawyer, real. tor, ïnsur"nce, musician, Gr similar pmfessioos be permitted (4 t h Street area property), presented and read for ftnol aOOption. CGuncüman' Preg¡ler moved that the ordinance be referred I<> the p}àiming " Zoning C G m miSISÍGn. SecGnded by Councilman Justmann recommending' that if the Plumb- ing Board is paid $5.00 per meeting then the Electrical, Heating, Vent. ilatiGn Air Cooditioning & Refriger- aliGn BGard sboukI Hkewise be paid $5.00 per meeting not I<> exceed 12 'meetings per year. presented and read. Councilman TOOms moved that the CGmmUl>ÍcatiGn be received and filed and referred to the City S<>- 1Ii.èitilr for removal Gf oIipend pay- ments frGm the ordin'anee. Second- ed by CGun;,llman Justrn8ÐD. Car- ried by the fGllowing VGte: 'Yeas-Mayor Bitter, CGuooiImen .kIstnt'at1fl, Moldenhauer, Thoms. Nays-NGne. Abstained - CGun- cHman Pregler. OnIinance ,Amending Ordinanee NG.' ,~.70 .by, repealing SectiGn 5 thel'eGf and ~ a DeW sectioo '1<> lieu thereof to pl'Owde that mem- bars of ,thePlumbiDg Board shall be: paid $5.00 per monu,. (forward- ed 'fr<>m meeting of' December 4, 1972), presented and read CGun- ciltnan Pregler mGved that the 0r- dinance be received and filed. Se- CGnded by CGuncilman MGldenhau. er. Carried by the folllowinog vote: Yeas-Mayor Bttter, CGunci1men Justmann, Moldenhauer, Pregler, Thoms. Nays-None. Proof Gf Publication, certified to by the PUblisher Gf Notice of public bearing to amend Zoning Ordin- ance No. 3-34 by classtlying recent- l¥ annexed territoty (Henschel) as a Single Famity ReSlidenee District, pr.....nted and read. No written Gbjections were filed and II<> Gral object<>rs were present in the Council chamber at the time set for It public hearing. Coun;,ilman Pregler moved that th& Proof of Publicatioo be reo ceivedand filed. SecGnded by Councilman Thoms. Carried by the fol1owinog VGte: Yeas-Mayor Bitter, Councilmen 'I Justm'ann, Moldenhauer,Pr&gler, Thoms. N'aY5-NGne. ORDINANCE NO. 12.73. An Ordinanco Zoning and Clas. sifying r_tlv annexed territory to the CIty of Dubuque, Iowa as a "SIngle, Fomily Residence Dil. trlct" which real estate Is hereafter de.crlbed (Henlchel). laid Ordi. nonce having boon previously pro. sented and read at the Council mooting of Fobrvary 26, 1973, pre- sented for final edoption. ORDINANCE No. 12-13 Couooibnan Pregler moved final adoptiGn of the ordinanee. Secon. ded by Councilman Thmns. Carried by the fol1owin¡¡ vote: Yeas-MaYGr Bitter, CGnncilmen Justmann, Moldenhauer, Pregler, TbGms. Nays-None. Proof of Publication certified I<> by the Publisber of public hearing to cGnSlider a pt"(} J()Sed Ordinance regulating the use of tile Munici- pally owned Waterfront establish- ing charge.s for the use thereof, and regulating the CGnstruetiGn Gf new boathouses, presented and read. NG written objections were filed and no Gral oI>ject<>rs were present in the Council cllamber at the time set for a public hearing. 162 Special Session, March 26, 1973 C<>UDCi!man Pregler moved that the Proof <>f Publication be re- ceived and tiled. Seconded by CGuncilman Tb<>ms. Carried by the fGllGwing vote: Yeas~Mayor Bitter, Councilmen Juslmann, Moldenhauer, PregJer, ThGms. Nays-None. CommunicatlGn of City Attorney submi1rtiiDg Dock Board Ordinanœ and recGmmending adGption (fGr- warded from meeting of March 6, 1973), presented and read. CGuncilman Pregler mGved that the rol1lJIlWlÍeaüGn be received and I filed. Seconded by CGunci1 man Thoms. Carried by the fGllowing vote: Yeas-Mayor Bitter, Councilmen Justmann, M<>bienhauer, Pregler, Tboms. Nays-None. DOCK BOARD RESOLUTION NO. 3.73. WHEREAS, a pmposed fGrm <>f OrdinanCe has been submi~ by the City AttGrney at the direc. tioo <>f 1he DGCk eommòssion Gf the City Gf Dubuque, Iowa for e- IIIIIotment by the City Council. of 1ihe City <>f Dubuque, Iowa; and WHEREAS, the Dock CGmmis. sion Gf the CIty Gf Dubuque, Iowa has examined said prGposed fGrm of Ordinance and appmves the I same; NOW THEREFORE BE IT RE. ' SOLVED BY THE BOARD OF DOCK COMMISSIONERS OF THE CITY OF DUBUQUE, IOWA: Section 1. That 1he proposed form <>f Ordinance prepared by the my Attorney at the directiGn Gf the Dock CGmmi.ssi(}l> of the City Gf Dubuque, IGwa gGverning the use of the waterfrGnt by !IlGats and repairs thereto and 1auncbing Gf boaœ be and the ..me is hereby appn>ved. Section 2. That the BGard Gf Dod: CGmmissione~ recommend to the City Council Gf the City of Dubuque, Iowa the enactment and passage of said Ordmance at the earliest possible time and that a certified copy Gf this Resolution be transmitted to the City Clerk for filieg and presentation to the City Council tGgetber wi1h the Or- dinance concerned. paased, ad<>Pied and approved this 19th day <>f February 1t71 W. A. Me:&œloineY LellUe Fuø¡aelh F. J. Sebreiber Dock Commi...."""" <>f The CiIiy Gf Dubuque, Iowa. Attest: Les!ie Furuseth Secretary Councilman Pregler moved that t!le resolution be received and filed. Seconded by Councilman ThGms. Carried by th folk>WÍIJg wte: YeaI>-Mayor Bi4>te1', Councilmen Justmmm, MoJdenbaner, Pregler, Th<>m.. Nay&-None. ORDINANCE NO. 14073 An Ordinance Regul.ting the us. <>f the munlcipaUy 0-'" water. front, ost.blishing cherg.. for tho use thereof, r8llulatill8 the ...n. truction of new boot hous.s. Said Ordin.nce having - previously read at the Council meeting of March 6, 1973, prøented for final .cIoptton. GRDINANCE No. ,.." -,--~~-~-~~ - -~ Special Session, March 26, 1973 163 ¡o- .. _.- ~, '.'~..... - It. A Ie ;0 defl"ed .. ""v of"'" house 0' "DO""" ohe<! mat"", uoed wh":h Is enclose boat. or boats. to, PO' hGUS'"" """e. '0; 1. OoImci1man Pl'egler DWed Ü1e final adoption of the Grdinance. SecOIIded by Councilman 1bGms. Oarried by the folloWÍll ¡ vole: Y.....,....Mayor Bitter, Councilmen Jns$maJJn, MokIeDhauer, Pre¡ler, ThGms. Nays~NGne. Mardl 23, 1973 Hooorable MaYGr and CGuncilmen The Dubnque PI8IIDÎJIg and Zon- ing Commiosioo has beld a pnblic hearing on the petition at Tower InvestDumt, Inc., I<> change the wrUng classifieation oi the folk>w- ing described pmperty frGm Mul- lipJð Residence Distrie.t I<> Local Business' "B" DiMct: Begino,ing on the S<>utheaat C<>rner <>f Lot 1 at "Tower Invest:meDi S n b d i- visiGn No.1" in 1åe City <>f Du- buque, IGwa, frGnting on R<>ckdale Road, thence NGrth 18 degrees 16', East 299.06 feet MGng ...id R<>ck- dale RGac!, thence North 84 de. grees 4W, West 196.41 feet; thence Nor1ih 16 degrees ooW, E'ast 190 feet more or less; thence NGrth 82 degre.. 36', West 600 feet more Gr less,; 1ihenee S<>uth 111 degrees 24', West 382 feet to Ihe S<>uth line Gf said Lot 1 <>f "Tower In. vestment SubdivisiGn No.1"; thence S<>u1h 88 degrees 16', East 3110.113 feet; thence S<>uth 00 de- grees 411', West 135.86 feet; thence S<>uth 84 degrees 49', ElIOt 305.76 feet to the point at beginning, all in 1Ihe City oi Dubuque, l<>wa. This Pr<>Perty consiats ala five..cre tract within the Tower HiI1o de- velGpment traet, and lies south of the Table Mound School. The CGmmission has determined that the request for Local Busi. ness "B" Cilassific!ttiGn is consis- tent with the plan for develop- ment <>f the tract aDd that re. cla6smœtinn Gf 1he prqperty is appropriate at this time. The City Planning and Zoning CGmmiasion bas recommended that the petition be approved. RespectfuMy submitted, CITY PLANNING AND ZONING COMMISSION Danie¡ Dittemore Development Pbnner CGtlllCilman Pregler moved that the eommuniclttion be received and 1iled. See<>nded by Mayor Bitter. Carried by the following wte: Yeas-Mayor Bitter, CGuncilmen Justmann, Moldenhauer, Pregler, ThGms. Nays-NGne. An Ordinance Amending and CIIaJ>giIIg Ordinance No. 3-34 known as the "Zoning M'8p and Zoning Ordinance Gf the City Gf 164 Special Session, March 26, ~gt3 Dubuque, lóWa" so as to change certain properly hereitidter de. , scribed from "MUltiple Reoicleote: Di.stricl" classifieatiGn I<> "JjOc.ø BusineSs 'B' District" classifica- tion, (Tower Inveotinent Inc. poo- perty 'presented aDd read. Coun- cilman Pregler moved that read. Ing just bad be considered the first readlDeof 'the()rdiDance. Se-, conded by Mayor Bitter. Carried, by the foJlowing vote: . YCltIO-MaYGr Bitter, CGuncilm'" Justmann, Mo1denhOluer, Precier, Tbom.. NaYS-None. eo.wci!man Pregler mGved that the ruìe rêquiring an' Ordinance to be read 00 three seParate days be waived. Sec<>nded by MaYGr Bitter. OatTied by the following VGte: Yeas-MÀYGr lUtter, Coonocilm'" Justmann, Moldeohauer, pregler, Thoms. Nays-None. . CoUDcllman Pregler moved that a )\IbJic hei\riDg be' held on April 30,1973 at'1:3O o'olock P.M. (D. S.T;) In the Council Chamber at the City Hall and that the City Clerk be instructed I<> pubBSh no- tlceof the hearing in the manner required by law; SeeGndedby Ma- yor' Bitter. Oarried by the follow. Ing VGte: Yea......Mayor Bitter, CGuncilmen JUSÎttlann, Moldenhauer, preg er, Thoms. Nay<>--NGne. Petition of RET CGrp<>ration, owners Gf Hami1toD Glen Apart- ment& 'reqUesting considellltiOD in the par1ieipaöGn Gf the cost of e~ the Catfish Interceptol' Se'\veras they. woUld be one Gf \liebènefittinllptQþerty own"", presented aod read. Mayor Bitter mGved that the pe. 1itiGn be received and filed aDd referred to the Engineering De- partment; seconded by Council- mm Pregler. Carried by the tol- JGwIng vote: Yea......,Mayor Bitter, CounciJ.meII Justmann, Moldenhauer, pregler, Tboms. Nay......,None. Petition of Lord ,steffen et. al. reques1ini that the alley extending from Cberry' Street' to p~lVa-- nia Avenue be cloSed, and further requesting' a 'meetilfg with are. presentative of the City, p~ent- ed aod read. C<>nneiJ,man Pregler moved that the petitioDberecetved and'filed and referred to the' P1anI>\Ifg & ZGning CGmmiosioo. Seconded by Couneilman MGJdenhauer. (Jarried by the fol1Gwing vote: Yl!as-Mayor Bitter, CGuncilinen Justmann, MoldenhaUer, pregl«, TboIll8. Nays-None. Petition Gf Fourth Street Area T"sk Foree Committee requesting a work SC6'Sion I<> review the pre- liminarY version of RIverfront De. velopment Study, pr<!6ented and read. Mayor Bitter moved that the petition be received and filed and referred I<> the City Manager. Se- cGnded by Councilm8n Pregler. Carried by the tollowinC vote: Yes-Mayor Bitter, Councilmen Justmana, Moldenbauer, pregler, ThGJIIII. Na~one. Petition Df Clerke CGltege S<>ph. more Planning CGmmitlee request- Ing permission I<> CÒllduet a ten mile wall< within the City for Ca- thGlic Clrarities on April 14,1973, presented and ~read. Mayor Bitterm""ed that petitiGn be granted subject I<> a""lOval of the City MOl....ger. Seconded by CGuncilman MoIdenhaUe.-. (J&.rried by the foll.owing vote: Yea&-Ma'Yor Bitter, Councilmen Justmann, Mo1denhauer, pregler, TboJIIII. Nay&-None. Petition of RGmac Inc. & Inns of Iowa DTD-Dubuque requestinc annexation of 7.6. ael'és oM Df High- way No. 20, exteDðlng from the Jnt.en¡eCtion Df Hig1rway 20, Wac- ker Drive and Divisì(}l> Street east, and requell'ting consideration of ..,- wer and water dUring the con- stroetion of a Ramada Inn:Water is already . Installed and they will bUild their 'own sewer, presented and read. C<i1ItIclImm: pregièr moved sus-- peDoion of the tuIés. $éêondedby MaYòr Bitter.Carritld b)ttllelal. IoWlØg "'/>fe: . 'Yëas-){..:yor~, Com1Oibnen '..JiiIIt!&ü;'.~er,' P1'ell1«, Thoms. Nays-None. Special S~ M;¡rch 26, 1973 165 '¥< ~., ~y,' Atl<>nl,ey for, 110- , NOW. TIg;;RE,FO~¡:. BJ¡: -IT1l,E. mac 1ne. & 100& of IGwa addressed SOLVED BY THE CITY COUNCiL the ~il e'!PI.~aDd de"o:r b- OF THE CITY QF DUBUQUE, iDlpl- for..,~ RI",ade IOWA: 100 which win be built at a cost of approximately $2,5«I.4JØQ. Section I. '!bat the City Mana- . ger be and is hIíreby authorized Couodl1nen', 'l1Io_, moved tbat to execute and file. en aþp\ication tbepetitiOQbe.creietTed,l<>tbePlan- on bellalf of the City, of Dubuque, ninIL&' ZGI\ÙIII CQDW/.iuion. Se- Iowa with the U.S. 'Department conded. I!Y ',,<Jouncünw¡, Prei\er. of HGuoing and U~ban Develop' Carrled'bY Ü1/!, fo\kIwiI1e vote: meat under Sediio& 701 of the Hous- Ye_Mayor Bitter, CouDciJmen ing Act of 1954, as amended. JUstmaa, MoIdenlllauer, Pregler, Section 2. 'l:llat: t!le City M8\IiII. Tho~. , ger be and j.s, hére ly "rizéd , 'Na)'&oo'NOQe. and direeted to furniSh such in- Petltiem of William, R, Jotham fA>r.mati"!' ail the U.s. Departm<mt ~a reiind' of $4æ.SO on of HoIlSlU1g and Udlan De~ IlneJlpired LiquorLiceœe No. (). ment ~~~aso....bly. requeit. m -. _nted and're ,d Coun- conneøon Wlth the grànt aþp\ica- eüm'an Pre". moved thai the re- tiGn Which is ~ein authOrized I<> <IIMM be granIed,' and; the. Audil<>r be ñ1ed and Slgo all neeeasvy be inotrueted'.I<>'¡Rue p- ,war, dGCuments. raM.;;Seøt!dId, ,by ~YGr Bitter. Passed, aPflroved and adoptèd 0arrie4 bYthetoUo!1n1l8 V1>te: this 26th day Of Ma....b, '19'13, Y8!">-..Mayòt.Bitter".Cotmeilmen, J.oseph J. Bitter J"o1",,_, MoIdnhauer, PrèøIer, ' Mayor. 'l'IIems..' , WaI~A..;f.regler Nays-:N"ne'AIlån '1'. 'Tbí>!ns PetitiGn Gf William R. Jotham CoImc~fIII re4uestbJe a'refIJnd of $25 011 un- A~test: expired Cigarette License No- 18, Leo F. Frommelt, prêsènte4 and read. CGuneIlman Cib' <:red< PloIgl.. moved that the requeat By: be'granted- and, the Audit<>r .be William J. O'Brien ins1roc1ed to w.ne proper warrant. Deputy City Clerk gee0llCled 1>Í)' MaYGr'Bitter; Oanied by lb. foØowine ....te; M"YGr Bitter moved adoption of Yea..-Mayor Bitter CGunci1men the resolutiOll.. Seconded by CGnn- JUIStmann, Moldenb";e.-, Pregler, cilma~, Pregler. m,nied by the Tboms, followmg vote: Na"....NIMI., Yeu-Mayor Bitter, C<>uneilmen I!.ÈSQI.UTIQN No. 92-73 Preg¡ler, TOO"",. . WlHEREAS,tIIe Comprehensive Nays ~ Councilmen J1JStmann, Planning and Management Pro- Moldenhauer. gram, authoriz.ed by Section 101 RESOLUTION NO. 93.73 of the HoIIJing Act, of 1.954, ~s BE IT RESOL~D by the City amended, has been ,~...ail. Council of the City Gf Dubuque ";hie, I<> citiet, over, SÐ,OOO PGPula- IGw", that the foIaowing havintÍ tjcm)Y,.the.U.s. Delw'tment of c(}lnpiied with tile, provisions of UlløsiQgudU¡beÐ Develo¡Qnent; law relating, f<> the, s.øe of Ci. ancI ga:rettes w#llÍJt the City Gf Du. WHPIREAS, it ba.. been reCGm- buque, Inwa, begr~\e!I a permit III8tIded UIat. the.C\f;y of, Dubuque to se]l Cigareu.., and Cigarette CGntinue to participate in the CGm- Papers within said City. prehensive Planning and Manage. Delores B. Elliott, 2093 Waobing. ment"~)Di. and ton Street .WREIæA$¡,tbe,Ci, tY!lf ~q'.'e BE IT FUR""""R R"'~^LVED Wlsllea.il<> ~.Pariic!pa :ioo m . ..... ""'" the ~!tbe¥i.v" }!lanøing and that the, .b!>ndafiJed .with, the ap. Ma_t Program. plicatioo be approved. 166 Special Sessioo, MarCh 26, 1973 PaSIICd, adopted ænd approved this 26th day of March, 1973. Joseph J. Bitter M'ayor Walter A. Pr,-er Allan T. TOOms Wayne A. J\IoIdenbaUer C. Robert lustmáDII Councilmen Attest: Leo F. Frommelt City Clerk By: WIlliam J. O'Brien Deputy CIty CIeri< Couneüman Pregler m<>ved adop- tion 01 the resolution. Seconded by Mayor Bitter. Carried by the following VGte: Yeas--,M..yor Bitter, Councilmen JustIn&lll1, Moldenhauer, Pregler, TOOms. Nays-None. ReSOLUTION NO. 94-n. WHEREAS, applieations for Beer permits have been Sllbmitted I<> this CGuncil for approv11l and the same have helm examined; NOW THEREFORE, BE IT RESOLVED by the CIty CGuncil Gf the City of Dubuque, Iowa, that the follGwing applica- tion. be granted and permits is- sued upon the cGmpJiance Wlith the terms Gf the ordÏ1lance. of the City. CLASS "B" BEER PERMIT Lawrenee E. '" Ethel M. Scbwartz, 500 Rbomberg Avenue. CLASS "C" BEER PERMIT _ph Richard Lenier, 4116 North Grandview Avenue. Albert Heinz, 3001 Pennsylvania A- venue. Lavern Nichol,," Hennen, 3300 As- bury. pa...ed, adopted and appmved this 26th day of March, 1973. Joseph J. Bitbsr Mayor W.,¡ter A. Pregler Allan T. Thoma W"yne A. MGldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt By: WiDiam J. O'Brien Deputy City Clerk Councilmm mGved adop1iGn of the resolutiOft. Seconded by MaYGr Bitter. Oarried by the foll<>wing vote: Yeas-MayGr Bitbsr, C<>unenmen Justmann, Moldenhauer, Pregler, 'l11oms. NaY&--<lOOe. RESOLUTION NO. 95-73 WHEREAS, applications for Bee.- permil6 were filed by the within named appnc'lI>t:s and they have received the appmval of this Coun- cil; aDd WllEREAS, the premises I<> be occupied by such applicauts were inspected aoo found I<> compty with the ordinalJlCes Gf this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City CouDcil of the City of Dubuque, Iowa, drat the Man"ger be authorized I<> cause I<> be iosued I<> the foJlowing named appIiCaRt:s a Beer permit. CLASS "B" BEER PERMIT Lawrence E. " Ethel M. Schwartz, 500 Ithomberg Avenue CLA&S "C" BEER PERMIT . Joseph Richard Lenger, 4116 NGrth Grandview Avenue. Mbert Heinz, 3301 P"""syl""nia, Avenue. LaVern N"teIIolas H......,n, 3300 As bory. BE IT FURTHER RESOLVED thattbe bonds filed by sudI ap- p1li.eants be and the nme are here- by approved. Passed, adopted and approved this 26th day of March, 1973. Joaeph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. RGbert Justm"DIl Councilmen Attest: Leo F. Frommelt By: WilliI'm J. O'Brien Deputy Olty CIeri< CGuDCi!man Pre;glermoved adop- tion of the resolIutiUGn. Seconded by MaYGr Bitter. Carried by the fGllowing VGte: Yeas-M'aYGr Bitbsr, CGuncl1men Jutnwm, Moldenhauer, PffCler, ThGms. Na1&-Nœe. RESOLUTION NO. 96-73 WHEREAS, applications fOl" LI- qUGr ken.... ha.ve been submitted to tibis CGuDCil for approval and the same lïave been examined, Special Session, March 26, 1973 NOW THEREFORE BE IT RE- SOLVED by the City CGuncll of the City of Dubuque, IGwa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the Iowa Liquor Control Act-Chapter 131-&& amended by the 64th Gen- eral Aøsembiy, 1971. CLASS "C" (COMMERCIAL) BEER LIQUOR LICENSE Kathleen L. Wedig, 1399 Jackson Street. Mary Kathryn FGrd, 1027 Rhom- berg Avenue. I Del""es B. EWott, 2093 Washington Street. Melvin B. MeSperrin '" Ricbard Steck1ein, 450 West Locust Street. Passed, adGpted and apprGved this 26th day of March, 1973. Joseph J. Bitter MaYGr Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. RGbert Justmann CGuneilmen Attest: Leo F. Frommelt City Clerk Wllliam J. O'Brien Deputy City CIeri< CGuncilman Pregler moved adc>p- tiGn of the resolutlGß. Seconded by Mayor Bitter. Canied by the fGllowing vote: Yeas-Mayor Bitter, CGuneilmen Jusmnann, MGldenbauer, Pregler, Th<>ms. Nays-NGne. RESOLUTION NO. f7.n. WHEREAS, applications for Li- quor licenses were filed by the I AdGpted ......................................1973 within named applicanl6 and they have received the appm\'al of this Council, and WHEREAS, the premisœ to be occupied by such applicants Were I ~ected and found I<> compty with the State Law and aliI City ordin- ances relevant therel<> and they Irave filed pmper bonds, NOW THEREFORE BE IT RE. SOLVED by the CIty Council of Dubuque, Iowa, that the Manager be authorized I<> cause I<> be issued to the foll<>wing named applicanl6 a Liquor license. CLASS "C" (COMMERCIAL) BEER LIQUOR LICENSE Kathleen L. Wedig, 1399 Jackson Attest: ............................-..--.-.. Street. CIty Clerk. 167 Mary Kathryn Ford, 1027 Rhom. berg Avenue. DelGre. B. EI1iGtt, 2003 Washington Street. Melvin B. MeSperrin '" Richard Steck1ein, 450 West LGcust Street. Passed, adopted and approved this 26th day of March, 1973. Joseph J. Bitter MaYGr Waller A. Pregler Allan T. Thome Wayne A. Moldenhauer C. RGbert Justmann CGuncl1men Attest: Leo F. Frommelt City CIeri< By: William J. O'Brien Deputy City CIeri< CollDCilman Pregler moved adop- tion <>f the reS(}lution. Seeonded by Mayor Bitter. Carried by the fGllowing VGte: Yeas-Mayor Bitter, CGuncilmen Juatmann, MG!denhauer, Pregler. ThGms. N"Y8-None. There being no further businesa Mayor Bitter mGved I<> adjGum. See<>nded by CGuncnmm Pregler. Canied by the following vote: YeU-Mayor Bitter, Cooneumen Justmann, Pregler, Thome. NaYs-Couneil"u... Moldenhauer. Leo F. Frommelt City Clert By: Wllliam J. O'Brien Deputy Appmved ....................................1973 ............................................................ ............................................................ ............................................................ ....-....................................................... ............................................................ Conncflmen