1973 April Council Proceedings
Regular Session, April 2, 1973
169
CITY COUNCIL
timaœ Cost p..-..graph 2, word City
addCounciI.
Motion died for lack of a se-
cond.
Mr. Fred M. Schweiger of Bar.
ton AscI>man Asøociates addressed
the Council .hy weJeoming pa~;
palion from fhe Council throughout
the study, on hofh poocy and tecI1-
nical issu.... The five......" stress-
ed by him for a complete and
&a'tiod'actory study wouId be 1.
Framework for tr_rtation for
the area. 2. Growth & DeveJop-
mem. 3. Treat J.F.K. Road as
a spine, Wilat sIhouId right of way
be? 4. What steps can be taken
immediately? 5. Wilat policies need
to ,be a<¥>pted to reinforce the plan.
CoUllocilm.... Ju.shna"" moved
thd the Co_I meet wi!.h the
City od!fieials of AobW"¥ and the
County Board of Supervisor>. Se-
conded by Counciltman Mol den.
hauer. Ca'rried by tile following
vote:
Yea&-Mayor Bt«er, Councilmen
Jus,lmam, Moldenhauer, Thoms.
Na~.-Counciiman Pregler.
RESOLUTION NO. 98-73
WHEREAS,the City Council of
the City of Dubuque, Iowa has
roferred to 1i1e City Manager and
staff !.he matter of the study of
the Joim F. Kennedy Road Cor.
ridooc; and
WHERE;\s, the City Manager
of the City of nuliuque, Iowa has
been in cons<iltation with Barton-
Asoebman Associàtes and a techni.
cal evaluoatiOD b"" been made of
the project, togetherwi1ft data ana-
I~¡s and u-affic-<leve!opmem pr0-
jection and pi.... deve[opmenfJ and
plan -eo and study schedule",
together wi!.h -ated cooIJs
which shaY' not exeeed the sum
of $10,000.00; and
WHERE;\S, the City Council of
the City of Dubuque, Iowa bas
examined said scope of otody, a
ropy of wbicb is bereto attached
andliy reference made a part
hereof and -the City Council ap-
proves the ...me.
NOW THEREFORE BE IT RE.
SOLVED BY THE ,CITY COUNCIL
OF THE OITY OF DUBUQUE,
IOWA:
Section 1. That the City Cow¡cil
of the City of Dubuque, Iowa dOes
herehy approve the - of studry
of theJoim F,. Kennedy Road. 0Jr.
OFFICIAL
_..ular ...sion, April 2, 1973.
Council met at 7:30 P.M. IC.S.T.)
P......,t - Mayor Bitter, Coun.
cUmen Justmenn, Moldenbeuer,
Pregler, Thoms. City Mena,er Gil.
bert D. Chavenelle.
KayOll' Bi1ter read the clllll and
stated ,that serme thereof had
been duly made and this is the
r..ular meeting of the City Council
called for the purpOse of ""öng
upon such bus.tnes.. a& may pro-
pei'tycomè before the meeliDg.
March 30, 1973
HOMrail>le Mayor
and Còundllui...
In _Wanee I1\'ÏC!1 your iDstmc-
liOn, we are, enctosing tor your
conoideratloo the proposed, Seope
of Sb,¡dy fOr (!Ie Joim F. Kennedy
Road CorrIdor project.
Re¡ireseo tatâves of Barton-Ascb-
man AooœIates wiJŒ be' in atten.
d....e at your meeting of April
2nd. We request an oppommtty
to reVlÎew the proposed Scope of
Study with you at that time, and
to sool< your au1bortzation to pro.
ceed'Wi1b this project.
Daniel Dittemore
Development Plann...
Ma~or Bitter moved that the
comm1Hrleation he received and fil-
ed and (!Ie rWes be """"ended
in order ~ let IIOYO,," present ad-
dl'esstlle CoUDCil iltlley so desire.
Seconded by CouncdIiInan Pregler.
Canied liy 1he foHowing vote:
Ye.......Mayor Bitter, Couneilmen
J...anann,. 'Moidenhauer, PregI!...,
Thoms. .
Nay~None.
Councilman 'lbom¡¡ moved to au-
fhori.e 1he Mayor and Manager
to "",,"ule a- contract at earJiest
conveni.enœ ~1Jh Bal'tOD & Ascb.
m""Associatea witllin the scope
of study sulijectto following
amendmeolis 5.1, in<>iude and Co1m-
cü, 5.2 Loç¡¡:! St.. & CouooiI, 5.3
Local St.. & Council, and Consul-
tant, 5.4 Loca[ Planning group and
Council, 7.[ Council, COnouItantand
add CotIDCil,.7.2 Delete Area Plan-
ning Group Co"""ii win etC., os-
170 Regular Session, April 2, 1973
ridor Plan submitted ,to the Coun- I ried ,liy the foJIowing wte:,.
cil. as sulimitted liy the City Ma.... Yeas-Mayor Bitter, Cóuncilmen
ge.- and bi- obaff. Justmann, Moldenhauer, Pregl..."
Section 2. That the City Manager Thoms.
be and he is hereliy authorized, Na~-None.
empowered and directed to nego- Communìca,tion of' 'lberJnòIyne
tiate ,fur the servi.... of Barton- Corporlition proposing to prepare
ASlchman A&sooiates as consuttants and maÌIKain the newly optioned
in the seope of aWdy of. the Joim a"reage ,to the south of their pro.
F. Kenned(v Road Cornidor Plan perty as to grade, sodding etc.
and ,to contract for the cœt of p<esented and read. CoUDciiman
said study in an amount not w Justmann moved 1tIaJ¡. the "",m-
exceed $10,000.00. muniϟon be received and filed
Section 3. That the City Council and referred for prÒper proceed-
of the City of .Dubuque, Ioow.a does ings. Secœided by Co 'I nci Ima!!
herelby ratify and con:fim1the a<# Thoms. .Carried by the ~,
of lI1eCity Manage.- in connedJìon vote:
herewifh.' YeaSt-Mayor »i1ter, ~
Pasæd," approved and adopted Justmann, Pregl.e.-, Thoms.
this 2nd day of Ap:ü, 1973. Nays-None. .
Wùt8r A. Pregler " . ,
AIIanT. Thoms Minuitea of the PlBUllingand Zon.
Wayne, A¡ Mo1denhauer ing . q¡rnwi-ssio", , of" JIeir, ~~
Councilmen of March 21., 19'13" presented d!<1',
Attest. filing. MaYOll'Bitter moved, tha<
Leo . F Frommelt the minutes b!l reeeLwd and filed.
City aerk Seconded liy,CoonciJman ThotÞs.
Carried liy the fuliowing vote:
CoUIJoCåùnan Moldmohauer moved Yeas-Mayor Bitter CoUJ>CÍlllmen
adoption of Ule resoJutiOlllo. Second- Jœbmann Moldooha~er Pregler;
ed by Councilman .Pn!gile.-. Oar. Thoms. ' "
ried liy the following vote: Na-ys-Nooe.
YelUO-CoUJlCÜmen Moldenhauer,
Pregler, Thoms.
Naya.-Mayor Bitter, Couneilman
Justmano. .
Communi.eatioo of State of Iowa
Inouraoce Deps:tmeot e e r tiÍying
that Merdlants Mutual Bond i n g
Company is authorized to ,transact
appropriate insurance business in
the Statew April 1, 1974, presented
and read. M..yor Bitter moved that
the commuoOOation he received and
fiíle<!. Seconded tiy Councilman Mol-
denhauer. Carried liy the fOIIIowing
vote:
Yea&-MaYOll' Bitter, Councilmen
Justmann, MoJdenhau.." Pregler,
Thoms.
Nay&-None.
Communication of Thermolyne
Corporation proposing to prepare
use of their 1<>1, to the Recreation
Commission .00 He proposing a
meeting to consider lighting, lia-
Ii¡¡¡ty etc., presented and read. Ma.
yor Bitter moved that the com"
~ation lir received and filed,
and referred ,to ÖIe City Managér
and Recreation Departnlent. Se-
cooded by Councilman Thoms. Car-
Ma.roh 30, 19'13.
To the Honorable Mayor and
Memtiers of the City Council.
This is to advise that I have
approved the fo1IoowiDg poIic¡y and
hand and desire to ha..e your ap-
proval on same.
General Liability Policy
F.N. Smith ConstruetiOll' Iloo. Bi-
tuminous Casualty Corp. to April
1, 1974. Policy NwDher GA7O1066.
Sidewalk Construction Bond
J.W. Hansen CoœtructionC 0 m.
pany Inc. Merd1ants Mutuoal BOIId.
ing Co. Bond No. 253048.
Gillbert D. Cbavenelle
City Manager.
Mayor Bitter moved for filing
approva:l SlJib:jeet to _va,1 of
the City Alitoroey. Seconded by
CounciJman PreIIler. Canied tiy
the f<>ilowlng vote : ' ,
Yeas-Ma¥<>r Bitter, Councilmen
Jusbmamt, Mo)denhauer,. Pregler,
Thoms.
Nays--None.
CommunJ<:alion of GovenlOr R.o-'
tiert D. Ra~ of liie State of IoWa
Regular Session, April 2, 1973
171
advising of a. conference on the
Aging to be held In Des Moines
on May 16th, presented and read.
Mayor Bitter moved that the com-
mtmieation be referred to himself.
Seconded by Councilman Pregler.
CaITied liy the foJlowing vote:
Yeas~Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
March ZI, 1973
Honorable Mayor and City Council
On Mareh 1, 1.973, JU&Iin and
Delores M. Finn of 2Ii12 Broad-
way, 4iù. city, filed claim against
the City of Dubuque, Iowa, In Ute
amount of $100.45 and alleging said
damages ooourred 'to the right rear
fender, trunk lid and bent fender
of their automobile 'as the result
of its tieing struck liy a city owned
saM; trock on FeiJ<-uary 19, 1973
wbil.e their auto was parked on
King Street.
'I'IÐs ma1ter was referred to Ute
appropriate City Agency, who on
March 22, 1973 advised the City
Attorney that said claim bad been
amicably disposed of.
Aiccoroingly, It is Ute recommen-
dation of the City Attorney that
Ute claim of Justin and Delores
M. Finn be denied and original
claim is returned herewifh.
R. N. Russo
City Attorney
Cooncilm'an Pregler moved ap- I
provail of the recommendation. Se-
conded by Ma,yor Bitter. C...ried
by the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregle.-,
Thol11&.
Na'ys-None.
Mareh 26, 1.973
Honorable Mayor and City Council
On September 21, 1972, Miss
Rosemarie J. Wicl!: of 1001 Main
Street, Apartment #l,this city,
flied claim agaiDst the City of
Dubuque in an unopeclñed amount
and e!alming pel'<lOna.! mjuries and
10.. of wages ouHered by her as
the result of a fan caused liy
her tripping on an ùieged portion
of the public waJk raised ahove
the level of the rest of Ute said
sidewaU<, while waU<lng on the
right hand side of 16tb Street faéing
Central Averwe on A_t 20, 1972,
and this ma-tter wa& referred to
this writer.
I haove made an investigation
of said ma'tter and bave conferred
with the claimant and have learn.
ed that she suffered a, broken big
toe on her lea foot, incurred medi-
cal and X-ray liillo and I.... of
wages for some six weelœ. Claim-
ant haa made an odi'er of &ettle-
ment of her claim in the amount
of $200.00 and it is the recom.
menda'tion of the City Attorney
that said offer of settlement be
accepted and that the City Auditor
be instructed to draw a warrant
payalile to Mis6 Rosemarie J. Wiek
in the amount of $200.00 and tran-
smit the same to Ute City Attorney
for deJdvery upon receipt of duly
executed relea&e6.
Originail claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Pregler moved ap-
proval of the recommendation. Se-
conded by Mayor Bitter. Carried
tiy Ute foJlowing vote:
Yea&-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays<-None.
Notice of claim of Herbert E.
Goedken, in the amount of $441.98,
for broken storm and salÙlary &ew-
er al 847 Kaufmann Ave., present-
ed and read. Mayor Bitter moved
tha,t the e[aim be roferred to Ute
City Attorney fa<' proper action.
Seconded liy Councilman Just-
maoo. Carried by the fuI1owing
v<>le:
Yeas-Mayor Bitter, Cooncìlmen
J...lmano, Moldenhauer, Pregier,
1'1101118.
Naya>-None.
ORDINANCE NO. 15.73
An ordinance amending Ordinance
No. 33.49 known as the "Traffic
Code of Dubuque, Iowa" as
amended, by repealing Subsection
21 of Section A of Schedule IV
thereof and ...acting a new Sub-
section 21 to Section A of Schedule
IV in lieu thereof to limit parkl...
of motor vehicle. on streets here.
inafter designated, said OrdinallCO
having been previously presented
and read at the Councii meetings
172
Regular Session, April 2, 1973
of Marcl1 1~, 1973 and Marelt 26,
1973, presented for fina4 adoption.
ORDINANCE No. 15-13
uf,
,u.
ul,
"SCHEDULE IV
A. Th' fOllowing ,'"," °' oo",on'
.,. ""gnat.. " _hou, time
zon",
21.
P",", ,..'ou.. end ,do.'" 'hI,
2nd d,v 01 A.,II. "13.
Jo".h J. ai-
M'..'
Walt" A. P,..I..
All,. T. Thom.
Wavne A. Mold,nha...
Councilmen
ATTEST,
Leo F. F"""me"
Cltv CI".
~~:,~h"l.:':~~~ ¡\',,~e"¡;el¡,o,~a.~,
A.,1I1"'.
Leo F. F<ammelt
Cltv C,....
11.'"
Councilman Moldenhauer moved
final adoption of the Ordinance
Seconded by Councilman Pregler.
Carried liy the following vote:
Yeas-Mayor Bitter, 00unciIInen
Moldenhauer, P're,gier, Thoms.
N"ys-CoUDcilm... JUSIIimann.
ORDINANCE NO. 16.73
An ordinance amending Ordinance
No. 37-65 known as the "Street
Parking Meter Ordinance of Du.
buque, Iowa" as amended by re.
pealing Section 6 and each sub-
..ction thereof, Section 7 and Sec-
tion 8 and enacting a new Section
6, a new Section 7 and a new
Section 8 in lieu thereof to estab.
Iish three parking meter districts,
to establish the required deposits
of U.S. coin in seid respect/ve
parking meter dis"'lcts and estab-
lishing the hours of I..al parking
in the respective perking meter
_ces within the respective dls.
"'icts, said Ordinaooe having been
prevWuoly presented and read at
the Couooii meetiJIgs of Mareh 12,
1973 IU1d Marcl1 26, 1973, present.
ed for :fiDti aOO¡>tion.
Regular Session, April 2, 1973
u.. Jl::r:~~L~~, "~'\',~a
No"" "'d, between low, and
Main St,..".
6.2.9 Fou,'h ,>,-, .~ "
r-
'hlo
11. '/5
Councilman Moldenhauer moved
fiDa, adoption of Üle Ordinance.
Seconded by Cotmcilman Pregler.
Carried by the f()iIowing vote:
Yeas-Mayor Bitter, CounciJ.men
Moldenhauer, PregJ.er, Thoms.
NaYl>-Oouncilman Justmaan.
ORDINANCE NO. 21.73
Naming a public roadway in Table
Mound Township which is now a
driveway to Table Mound School,
to be named Tower Drive, pre-
smted and read.
Counci\!n"n Moldenhauer moved
that therea<iin¡¡ just had be con-
&idered - the first reading of the
Ordinartèe. Seconded ,by Council-
ma12 Preg¡\er. Carried by ÜIe fDJ..
lowing vote:
Yeas-Mayor Bitter, Councilmen
Juslmann, Moldenhauer, Pregler,
Thoms.
Nays--None.
Councilman Moldenhauer moved
tha,t ÜIe ru9.e requiring an Ordi-
naœe Ix> be read on three separate
days be Waived. Seconded by Coun-
6.2.2
6.2.'
173
Regular Session, April 2, 1973
cWnan PregieI'. Carried by tihe to the Oity Attorney. Seeooded liy
fo~owing vote: CoUllCÜman Thoms. Camed by the
Yeas-Mayor Bitter, OoUllci!men following vote:
Justmann, ,Moldenhauer, Pregler, Yeas-Mayor mtt.er, Councilmen
Thoms. Justmann, Moidenhauer, Pregler,
Nays-None. Thoms.
Councilman Moldellh8l1er moved Nays-None.
that the Ordinance he set down Petition of Area One Vocalional
for a publi<: healing on May 7, Teclmical School requestmg per-
1973 intib.e Council Obamlier at mission to paint house numbers
the City Ha.I1 at 7:30 o'clock P.M. ontihe cmI>s of streets for a $1.00
and the 0leriI: .be iDstNcted to donation from Ihe home owner to
publish notice of the bearing in help finance a trip to New Mes;"o
the manner presoerihed by law. Be. to represent the City, presented
conded by Councilman Pregler. and read. CowIciIman Pregler
Ca.-ried by ihe foBowing vote: moved that the petition he denied.
Yeas-Mayor Bi1ter Coun<:ôimen Seconded by 00unci1m.... Thoms.
Justmann Moidenh";'" PregJer Carried by the folIDwing vote:
Thoma. ' ,,' Yeas-Councllmen Moldenhauer,
Na\ys-None. Pregler, Tho"",.
Petition of Riebard FueMt reo J'=~~ Bitter, Councilman
=~ =:O~t "is: :::'v': Pet!lIDn of Wm. J. L:mn, re-
Street, olijecting to storage of hoats questiog ~ refund. of $56.25, on
and campe.r.o, presented and read. the unexp~ portion of~aa C
Mr. Riebard Fuerøt addressed ~eer Per~ .. be bas diocon-
the Cotmcil relative to his petition. tmued business on March 1!1,. 1II7B,
Councilman Juotmann moved 1hat preseDted and read. CoUllci!man
the petition to vacate the alley Pregler moved that the ~ he
be denied. Seconded liy Mayor Bit- gran~ and the Auditor lD&t!'11ct-
ter. earned by the foilowing vote: ed to lSIIUe ~ warrant. Sec-
. . onded by CouÐeilinan Tho"",. Oer.
Yeas-Mayor BItter, Councilmen ried liy the following vote:
:ann, MoIdeÐI1auer, Pregler, Ye...-Mayor Bitter, Councilmen
Nay';"-None. :,:::::nn, MoJdenhauer, Pregler,
. Petition of West Side Realty, Nay<>-None.
agent for P. D. Johansen, owner Petition of Wm. J. LynD request-
of Lots 2, 3, 4 and 5 of Block ing a refund of $25 on the unex.
1 of P. D: Johansen ~ub. requ"!'t- pired portion of cigarette ücense
log re",:,nmg fr~ Sing!.e. F~y No. 1!1, as he baa diacontinued
to MlMtiple FanWy Cl.....tfie~tion, liusine.. on March 1!1, 1973, pre.
preseuted and read. CouncÜ!",an seated and read. CouIIcl1màn Preg-
Pregler moved that the petUion ler moved that the refund lie grant.
lie, .referred to ~ Nauning and ed and the Auditor Instrw>ted to
Zomng CommiaslOli. Seconded by issue proper wattaDt. Seconded liy
Counc~an 'I11oms. Carried by the CouœWnan Thoms. Carried by the
follOW1J]g vote: following vote:
Yea&-Mayor Bitter, Councilmen Yeas-Mayor Bitter, Coomeibnen
Moldenhauer, Pregler, 'lboms. Justmann MoIdenI1auer, Pregler,
Nays-Councihnan J_8OO. Thoms.'
Petition of Dubuque Advisory Nays-None.
Co!DØlÎSlSlion requesting a revised Petition of Paul Ei&I>acb request-
paragraph mF2 lie added In lieu ing a refund of $25 on the unexpired
of paragrapl1proposed in a letter portion of cigarette license No. 134,
dated March æfh to read "2. Four as he !wi diocontinued bllSiness
ahoe""'es from regularly ocbeduled on January 5, 1973, presented and
montblymee!ings in a period of read. CouncÜD1an Pregl.er moved
one yea.- shall constitute automatic that IJhe ,refund be granted and
recommendation to Mayor and City the Auditor Insttueted to Issue pro.
Council for replacement", present- per warrant. Seeonded liy CowlCn.
ed and read. Councilman Pregler man Thoms. CHried by 1he foI.
moved ,that 1i1e petition be refen-ed lowing vote:
174
175
Regular Session, April 2, 1973
Yeas-M"yor 'Bitter, Councilmen
JustmalH>;Moidenhauer, Pregler,
Thoms.
Nays-None.
Proof of Publication, eertified to
bytòe Publisber, of Notice of Pen-
deo,cy of Resolution of Necessity
for pulilåe in>provemenlia and he....
ing upon proposed plans, specifi-
cations, form of contract and cost
of ÎmprOvemeDlis for c01l6troction
of, City of Dubqque 1973 ASphaltic
Paving Project No.1 riD the follow-
ing named streets: \
1. Algona Street, from the N.P.L.
of ~,BIvd. to the N,P.L., of
De%ler Street.
2., Atlaøtjc Street, Irom IJhe N.P.L.
of Lor... Blvd. to the N.P.L. of
J>øl.erStreet.
3. Aub1Ìrn, Strflclt, h'om tòe, N.P;r..
oj' Lora. Blvd. to the S.P.L. of
De%ler Street. '. , ,
4.-l!oyer ~ Irom the E.~.¡;.
of No. Gr¡¡ndv ew Avenue to the
W.P,L. of.AÐdlew Court.
5, Gordon nr¡ve, ,from the S.P.L.
of Kau6nann .Avenue.to the !'t.P.I..
of 'l'beda, Drive.
6. Grandview Avenue, from the
N.P.L. of Lor.. IIWd. to the N.P.L.
of . DeJOter Street.
7. Kaufmann Avenue, from W.P.L.
of Cllfler Road to ,the W.P.:1.. of
G(¡rdoI>' DriVe. '
8,'Key ,KDOYa SulldiVision
a.Phylltich Drive, from the N..P.
L. of Keymont Drive to the N.'P.
L. of Lot 6 Btock 10.
Ii. Norl:U¡d Drive, from the N.lI'.
L': of .8:eYmOlÍt,Drive to theN.P.
t.: Of Lot 6 ,Block liI..
c: Ránsel Drive, from the N.P.
L. of K"Ymont DrIve to the N.P.
L. of Lot 6 of Block 9.
d. VizaIeea Drive from the N.R
L. of Key-tDrive to the N.P.
L. of Lot 5 of 'Block 8.
9.' Lotust Streel from 1i1e N.P.L.
ol9tllStreet to, the S.P.L. of Loras
Blvd.
ro. Suœet Park Subdivision No.
1:
a. Dove Street from the E.P.L.
of Bonson lI!>ad to the W.P.L. I
of' Meggm Strcet.
b. Waller Street from the E.P.L.
of BoRSOn Road to the N.P.L.
of Lot 15 of Block 8.
.11. U!1iveràty A'VeIlue-lrom the
W.P.L. of McCormick Street to
tòe E.P.L. of Gilliam Street.
12. Eclwuclt Street firom the W.lI'.
L. of Windsor Avenue to the E..P.
L. of Queen Street.
13. Century Drive, GuardRail.
14. Grandview Avenue & Umversity
Avenue Intersection
15. Overview Court from the W.
P.L. of, Grandview Avenue to .the
west end of the Street.
16. Bieyde Path from 16th Street
to smr... on the, Ftoodwall. .
.Carry over from 1972 Street Pro-
gram.
preseÍlf.!!d 'and read.
CounciJ.man Preg!ermoved .that
theprôöf of pid>lIcation be rec<!ived
and fü~. SecoDded I»> Q6uncilinali
Justmann. Oarriedhy 1he foDoWing
vote: "
Ye"fl-MayorJiitter, ~
Justmann.lIIGlder¡l1auer, Pregl,er,
T!1om.. . " .
Nays-,None.
'Mr. Gene Thornpoon of 34&1 Me¡:.
gaD Stl'eetvoieed bi& oPinion as
not' being against"'the Asphaltic
street' progr,,'m'liut did Object to
the City paying for the zeplacement
of Meg¡gan Street and Dove Street
area. He was of the opinion' that
!be City sI1òuJiI 1Iot pay for1his
and' get Ii- at, the contrØdor
who laid the street originally;
Councilman Pregler moVed that
the City ,Mana:ger and stalf confer
With the City Solicitor in the area'
to Seck' indc¡onity: 'Seconded' by
Councilman, Mj¡Jdellbl\Uer. CUrled
by the' folløwing, vote: ,
Ye...~Mayor Blttér,' CounclJ.mei1
Juslmann, Mo/den ¡"uer, Pregler,
Thorm.
NaYS-None.
Statement of City CIeri!: certify-
ing that notices of hearing on re....
iutionOf Necessity for CODstruotion
of City ofDuliuquel.Wl3 Asl>åaltie
Paving Project No.1 were mailed
by certified ma.il. on Mareb 6, 1m,
to property owr>e1'6, on recOll'd, pre-
sented and read: CoImdIman Preg.
ler moved fhat' ,the statement lie
reccived and flied. Seconded by
COuncilman JuøtDlaDn. Cartied liy
the following vote: '
Yeas-Mayor Bitter, Councilmen
J...lmann, Moldenh8l1er, Pregler,
Thoms.
Nay"";"No"".
Decision of Cooncil. U >on objec.
tions to plans, specifications, form
of contract and cost of Improve.
men,ts.
176
Regular Session, April 2, 1973
Decision of Coun<:11 ",pon obje..
tionsto pi"'" specHfcatioll8, form
of contract. -, _t of Improve-
ment..
RESOLUTION NO. 99.73
WHERE;\S, propoeed p1ans and
specificaü- aM form of contract
for the CIty of Duliuque 1973 As-
phaltic Paving PToject No.1 have
been approved liy the CIty Council
of the City of Doouque and pni>lic
ootice given as provided liyChap-
ter æ of the ,Code oI.Jowa, per-
tainin¡¡ to, p~ contracl& and
bonds, and .Ii!e time., and place
fixed fur the hearing of I!B l>i>ject-
ions to said pia...., specifications
or contract for or, cost" of""",h
improvemenis,saåd li!Ìlebeing this
2nd day of AI'rii, 1973; and,
WHERE;\S, the City CQ\ll>CÏl.met
in regular session this' 2nd day
of ,April, 1973.. at 7:30 o'cioek P.M.
at the Council Cbamb..... in the
City Hall fOl' the- of, he....
tog all interested parties and eon.
sidering any and all objections
which have Iieen filed to the pro.
posed plans, specifications or con-
traet fur or cost of the improve.
ment 'herein described and pro.
posee . to he made; and
WHE~AS, aU interested parties
have lieen, given an opportunity
to, lie, heam and aU objections
which have been duly weigihed and
cl)Ìlaidered; now, therefore
ÌlEIT RESOLVED ,by the City
~uncil of the City, of Duliuqne,
that alll>i>jections wlrlcb ha'Ve lieon
made and filed to the ptans, speci.
fications, contraet for 01' cost of
said improvement herein deocrilied
allit proposed to be ,made, be and
the. ~e hel'eby overruled and
snch plans,~ifications and form
of 'contract heretofore a¡pproved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Couneil upon aD
objections wI>icb have been filed
to' the plans, specifications and
form of cost said improvement he
made a matter ofpermBJIeot re-
COM in connecti. with, $&idlm-
provement. '
passed, adopted and approved
this 2nd day of April,' 19'/3.
Joseph J, Bitter
Mayor .
Walter, A. Pregler
All.an T. Thoons .
,.. ',"
Wa~ A. Moldenbailer
C. Robert JIIIStmIlllD
Oounci\men
Attest:
Leo F. Frommeat
City CierI<
Couneilman Pregler moved adop-
tion of the resolution. Seconded
by CoUf\CÏlman Justmann. Carried
by the fol1owiDe vote: ,
Yea&-Mayor Bitter, Councilmen
JustInaan, Moldenihauer, PTegler,
Thoms.
Nayo-,-,None.
(NeceSsity forlmpro..._)
RESOLUTION NO. 62-73
wHEREAS, propòsèif p1ans, 'øipe-'
'cificatiom, fom or'coBtraet,p1at
and schedule have been dnIý'pre.
pared and approv<id hy the City
Couøci1 of 'the City. of J)u!juque
and are oow on file in' the office
of the Oily ClerksflowiDg '-ng
other thing,; !.he fo-.,g: .
1. The assessment Hmits of each
street to be improved.
2. The Streets to be improved.
3. The width of' SUICh Improve-
ment, . '
4. Eàch lot propoeed to be a.....s;
ed together with a valuation fixed
by the council. . , ,
5. An estimate of the, cost of
the proposed improveinel)t, s,t.!jng
the same fur each different 'type
of construction and kind of mat-
erial to ~ used. ,
6, In each case the a,mount there-
of which is estimated to he .....,.-
ed against eadl Jot" for, the con.
-tioo of City ,of, Dnhuque 1973
Asphaltic Paving Proj..t No.1
on the following named streets.
1. A}gona Street - from U1e N.P.L.
of Loras BWd. to fhe 8.P.L. of
Dexter Street.
2. Atlantic Street -' from the N.
P.L. of LoraSBWd. to 1he N.P.L.
of Dexter Street.
3. A"liurn Street - from theN.P.L.
of Loras Blvd. to the S.P.L. of
Dexter Street. '
4. Boyer Street ,','f¡-QIIJ,',ÌIÌI','¡¡:.P.L.
of No. qran4vieWAve1 .1/e'tò the
W.P.L. Qf Andrew Court; ,
5. Gordon cDrive . from the S.P .L.
c¡f'Kautlll;!!W Avenue to the N.P.L.
of Theda Drive.
6. Graftdv;ew, Aveaue - from the
N,P;L.' Q/. M>r~S Bl'Vd; ~:theN1P.!¿
ole Dextel:Street.
Regular Session, April 2, 1973
7. Kaufmann ÅJVŒUe . from W.P.L. City Clerk. That the cost and ex-
of' Carter Boad to !be W.P.L. of pense of making said improvement
Gordon Drive. will be assessed upon and against
8. Kay Knolls SUbdivision all privately owned property lying
a. 'PhyJirieh Drive . from the within assessable distance provided
N.P.L. of Keymont Drive to the liy law and in an amount not
N.P.L. of Lot 6 Block 10. to exceed the amount provided liy
Ii. NO,rland Drive. from the N.P. law, property will he assessed whe.
L. of Ke"",ont Drive to the N.J>. ther the same abuts thereon or
L. of Lot 6 Block 11. is adjacent thereto aceording to
c. I{a"..,¡ Drive - from the N.P.L. area and in proportion to the spe.
<Jt Keymont Drive to the N.P.L. cial lienefits conferred thereliy, and
of Lot 6 of Btook 9. any defieiency ,ball be paid out
d. Vizaleea Drive from the N,P. 01. the street funds. Bonds .:haD
L. of Keymont Drive to the N.P. be issued and sold,in anticipation
L. of Lot 5 of Block, 8. of deferred payments of ...eos.
9. :Locwt Street from the N.J>.L. meats wben a contract has been
of 9th Street to the S.'P .L. of Lor... performed and accepled and the
Blvd. proceeds thereof used to pay the
10. Sunset Park Sulidivision No. contractor. The railway portion of
I: any street or a..essmentdistrict
a: Dove Street from the E.'P.L. shall be asaessedto and paid liy
,of Boll son Road to the W.P.L. the railway company.
of .M~gan Street. The ahove -on -intra-
b. WIlBer Street from the E.P. dueed, approved and ordered plaice
L. of BoDaOn Road to 1i1e N.J>.L. ed on file wi!b the 'City Clerk
of Lot 15 of Block 8. thi, 28th day 01. February, 1973.
"l1. Univer.sity ,Avenue - from the Record of Final Adoption
W.P.L. of McCormick Street to The foregoing resolution 'Was fin-
the E,P.L. of Gilli..m Street. ally passed and adopted, as pro.
12. Edwa.rds .Street from the W.P. posed by the City Cotmcil this 2nd
L. of Win&or Avenue to the E.P. day 01 Aprta, 1973.
L. of Queen Street. Joseph J. Bitter
13. Century Drive - Guard Rail Mayor
14. Grand9le\V Avenue &: Univer. Walter A. PT8( \er
sit,. Avenue Interseetion Allan T. Thoms
15. Overview Court.from the W.P. Wayne A. Moldenhauer
L. 'of 'GrandVi... Avenue to the C. Robert Justmann
west end of the Street. Attest. Councflmen
U;, ~cyele Path ,from 16th Street Leo' F. Frommelt
to Shira. on the ~walL "Carry City Clerk
over from 1972 Street Program.
BE IT THEREFORE RESOLV- . CoUIllCilman PTeg¡le: moved aOOp.
ED th tthe OilY Oouncii. 'ts tiOD of the resolution. Secondt!d
a . . !,n I by Councilman J11S'\m'ann. Carried
own motion or I4lOl1 ~on.of by the following vote:
pl'operty owners" deems It advis- Yeas-Mayor Bitter COuncilmen
aiJIe and _ry ,for th~public Justmann Mooldenha~er Pregler
welfare to make the herem men.- Thoms' "
tioned improvement, aIId. Im!ess Nay':""None.
property owners at 1i1e time of
the finl>l consideration of this pro. tOrdering Construction)
posed teJIOltItion have on me with RESOLUTION NO. 100.73
IIJe my CleM objeelio"" to the Be it resolved Iiy the City Cocm.
amount of the proposed asses.. cil of the City of Dnbuque that
mento, Ihey .balil be deemed to pursuant to a resoIJrtion of nec.
havewalYed 411 Objecti0D6 thereto. e»slty No. 62-13whidJ was duly
Said i_ements shall be con. passed by ibis Council, for the
_ted and done in accordance construetion of: City of Dubuque
with the plans and I IeClfications 1973 Asphaltic Paving Project No.
whidJ hove been prepared there. 1 lie aDd the sa-me are hereliy
fori! liy' the City Engineer -dJ ordered and COMtnu!ted Ii,. this
have beeft' approved by the City Council. upon its own motion and
CiJuiIftl and are' naw on file with with or without the petition of prop-
177
178
erty owners. All. 1he work shan
be con-ted in aecordanœ with
the 1'1""" and specifications here-
tofore adopted and now on file
in the oImee of the City Clerk.
BE IT FUR'DHERRESOLVED
that the~coot and expenSe of the
oaid improvements be, paid fOl' liy
levying ""I' e cia i ...........ents
against the privatelY owned prop.
erty lying within the . assessaüe
distance frOm the improvemeats,
whetller such property abut' upon
the'sa,meor are adjacem _eto,
according to thè area thereof and
in 'proportion to the spedal. ,hen-
efits conlerred,and eny defici"""Y
wili !Ie paid out cifthe ,general
iniprovement,~ or sewer f1inde of
thei.city,or làrtty from eacll ,of
snch fimdoi Payment will be made
to. 1M cobtractor out of funda re-
alized from the sale of honds to
be' 1s&ue4 in aDtidpatiOIf of 'de-
ferred'pa}>me1>t6 of a&Sess-
a:. provided Ii" law after' tbe wor!<
bas lieon compl.eted and act:epted
liy the City Council.
,BE IT FURTBIEIt BESOLVIiID
that theGitY. Clerk be and he
is ,herel:l7" ordered and directed to
advertise for proposaJs for the C!OI>-
struction ,of ,the various improve-
ments herein provided' for in the
manner ~provided liy law, the said
improvements shaiIl 1). completed
on~ 01' hef<>n>I2O' days liter notice
to p~d', has' lieon issued
BE IT FURTHER RESOLVED
tbat this resolutioo 'being deemed
urgent and of immediate neces.
sity shaD be in force~ and effect
from and after its passage and
adoption liy the City Council.
Passed, adopted and approved
this 2nd day ;\priI, 19'13.
Joseph J. Bitter
Mayor, "
Walter A. Pr.er
Allan T. Thoms
Wayne A. Moldenhauer
C. RoIiert Juotmann
Councilmen
Attest:
, Leo F. Frommelt
City Clerk
Councilman Pregler 'moved adop-
tion of the resolution. Seeonded
liy Councilman Moldenhauer. Car.
ried by the foUówing vote:
Ye.....-Mayor Bitter, Couneilmen
Justmami, Moldenhauer; Pl'<!Cler,
Thoms. ~
Nays~None.
Regular Session, April 2, 1973
Proof ofPubliœ1ion, certified to
by tbePnhlisher, of NOtice of Pend.
ency of Resolution of Necesoity
for public improvements and bear.
ing upon proposed plans and spec-
ifieations, form of contra<>t and
cost of improvements for the e<II1-
struclion of City of Dulinque' 1m
Concrete Paving Project No.1 on
the foJaowing named' streets:
1. Grandview Avenue "":~from the
S.P.L. of WheI8ÌI street to the
s.p .L. of Delhi Streèt. ~
2. tenth Street - from the W.P.L.
of LocustStteet to the l'J.P.L.
of BluffStreetand..~~.
secÌion - of "Ninth' ~nd ' 'B1uft
Streèt, ",,""
presented and ,read. , '
No writtenolljeè14ons wer.. re'
ceived on, GrandviorN Avenue and
nq.9bJectón<'wère 'pi-e~¡¡' the
Councíl OhaIimer, at, the, f.illie "~
fqrthe. pUbtieheatinC.~-
DlJI!' I'.ro;tller , J1IOved .fh~ ~¡>rijof
of pulilicatWn, lie received ajld
filed. SecoBdêcì .by"Çqunci!màn
Molden/laller. Carried liýthe ,fol.
lowing vote:, " "
Yeas - Mayor Bitter, councl1.
men Justmann", Mqldenhauer,
Pregler, Thoms. '
NaYI>-None.
Statement.ofCity ~ (Jerk cer1ify-
ing that notices of. plbJicl!earing
on resolution of ~ty for con.
otr<uction of City Of Dubuque 1m
COncrete Paviag .with..I~Ogr!1i
Curb Project NO.1, were maiied
to Pfoperty,OWllersof téeord, on
Grandview ÆVe lueon Match' 6,
1973, presented and read: Council;
man Pregler moved that the state-
ment be received. and':med.' Set'
onded liyCounicfiman MOidenha-u.
er. 'Carried liy the IdtowiDg vote:
Yeas - MalOr' Bittet, 'Council.
men' Jœtm8Ìln, 'Moldenhauer,
Pregler, Tho"",;
, Nàys,....None.
Decision of Council - objections
to plans, ~ specifications, for", .of
contract and coot of Improvements
RESOLUTION NO. 1tl.73
WHEREAS, propœecÌ - plaJ)S and
specifications and form of contract
for the City of Dubuque 1.9'13 'Con.
crete Paving with Integral Curb
Project No.1. bave lieen a",roved
liythe City 'Øounc:ü of the City
of Dubuque and puI:Jiic nDliee g¡.ven
as provided by-Chapter 23 of the
Regular Session, April 2, 1973
179
!MIe of Iowa, pertaining to putiJic
contracts and bonds, and the time
and 'pi..., fio<ed for the hearing
of all. objections to said plans,
.spec fications or contract for or
cOst of sum improvements, said
time being this 2nd day of April,
1973; and
WHEREAS, the City Council met
in regular session this 2nd day
~f April, 1973, at 7:30 o'clock P.M.
at the Council. Chambers in the
City HaM for the PU11PO5e of hear-
ing ~all interested parties and con-
sidering any and all ohjections
which, have been filed to the pro.
posed plans, specifications or con-
tract for or com of the improve-
ment herein described and pro-
posed to be made; and
WHERE;\S, ill interested parties
have been given an opportunity
to he heard and ail objections
which have lieen duly weighed and
coIllidered; now, therefore
'BE IT RESOLVED by tile City
Council of the City of Duliuque,
that all objections which bave been
made and filed to the 1'1"", spec-
ifieations, contract for or com of
saÌ i inoprovement herein described
and proposed to be made, lie and
1i1e same herdJy overruled and
such plans, specificaUons and form
of conIract bereto.fore approved are
hereby adopted.
BE ITFUoRTHER RESOLVED
thattbi& resolution eontaining the
deci$ion of this Council II pon ill
objections wbieb have lieen filed
to ,the pIJms, Sl>8ciJicatioœ and
1orm of cost oaid improvement lie
made a matter of permanent rec.
ord in connection with said im-
provement.
Pasoed, adopted and approved
this 2nd day of April, 1m.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allàn T. Thoms
W,ayne A. Moldenhauer
Attest:
Leo F. FrOmmelt
, City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Moldenhauer. Car.
ried liy the following vote:
Yeas";'" MaynrBitter, Council.
men Moldenhauer, Pregler, Thoms.
Nays.-.Cooneilman J""tmann.
(Necessity for Improvement)
RESOLUTION NO. 66-73
WHERE;\S, Proposed pIa"",
specifications, form of con,tract,
plat and schedule have been duly
prepared and approved hy the City
Councü of the City of Duliuque
and are now on, file in the office
of the City Clerk showing among
other things the foHowing:
1. The ....essment limits of each
street to be improved.
2. The streets to lie improved.
3. The width of such improve-
ment.
4. Each lot proposed to be as-
sessed together with a "a:luation
fixed liy the council
5. An estimate of the cos,t of
the proposed improvement, stat-
ing the same for eaeb di«erent
type of construction and kind of
material to be used.
6. In each case the amount there.
of which is estimated to be as-
sessed against each lot, for the
City of Dubuque 1973 Concrete Pav-
ing with Integral Corb Projeet No.
1 on the foil<>wing named streets.
1. Grandview Avenue - from
the S.P.L. of Whelan Street to
the S.-P.L. of Delhi Street.
.2. Tenth Street - from the
W.P.L. of Locust Street to the
E.P.L. of Bluff Street and the in-
tersection of Ninth and BluM
Street.
.Carry over ~om I972 Street Pro.
gram.
BE IT THEREFORE RE.
SOLVED that the City Council on
its own motion or upon petition
of property owners, deems it ad-
visable and necessary for the pub-
lic welfare to make the her....
mentioned improvement, and un-
less property owners at the time
of the final eoosideration of tbis
proposed resolution have on file
with the City Clerk objections to
the amount of the proposed as-
sessments, they shail be deemed
to have waived all oIijections there-
to.
Said improvements mall he con.
structed and done in, accordance
with the plans and specifications
which have lieen prepared there-
fore liy the City Enllineer whieb
have lieen approved' by the City
Council and are now on file with
the City Clerk. That the, cost and
e"PeDSe of maidng ,said improve-
180
Regular Session, April 2, 11113
ment will lie assessed upon and
agamst aiJ priV'ately owned prop-
erty lying within assessable dis.
tance provided liy law and in an
amount not to e""eed the amount
provided liy I_, property will lie
assessed whether the same abuts
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any defiCiency shall
be paid out of the fund. Bonds
shall lie issued and sold in an.
1Iicipation of deferred payments of
assessments when a contract has
been performed and accepted and
the proceeds thereof used to pay
the contractor. The railway por-
tion of any streel or assessment
district shall lie assessed to and
paid liy the raiJlway company.
The aoove resolution was intro-
duced, approved and ordered plac-
ed on tile with the City Clerk
this 2&th day of Febroary, 1973.
RECORD OF FINAL AI>OPTION
The foregoing reoolUilion was fi-
nally passed and adopted, as pro-
posed, liy the City Council this
2nd day of April 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thom.
Wayne A. Moldenhauer
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Preg!.er moved adop-
tion of the resolution. Seconded
liy Counci1man Moldenhauer. Oar-
ried liy the foUowing vote:
Yea. - Mayor Bitter, Council.
men Moldenhauer, Pre~ler, Thoms.
Nays-4:oUncilman Juslmann.
(Ordering Construdlon)
RESOLUTION NO. 102.73
BE IT RESOLVED BY THE CI-
TY COUNOIL OF THE CITY OF
DUBUQUE that pUl'SUant to a reo
solution of n""esslty No. 66-73
wbleh was duly passed liy this
Council, for the construction of:
City of Duliuquel973 Concrete Pav-
ing with Integral Curb Project No.
1 lie and the same are bereliyor.
dered and constructed liy this
Councll upon its own motion and
with or without the petition of pro-
perly owners. All the work shall
lie constl'W'ted in accordance with
the plans and specifications _e.
tofore adopted and now on file
in the oMce of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and e,qlense of the
said Improvements be paid for liy
I e v y i ng special assessment
agaillS't the privately owned pro-
perty lying within the _ble
distance from the improvements,
whether such property abut upon
the same of are adjacent thereto,
according to tbe area thereof and
in proportion to the special bene.
fits conferred, and any de/licienq
will lie paid out of the general,
improvement, or sewer fundo of
the city, or partly from each of
such foods. Payment wHl he made
to the contractor out of fundi! rea-
lized from the sale of honds or
with Street improvement honds to
be issued in anticipation of deferr-
ed payments of _onto as
provided liy law after the work
has been completed and accepted
liy the City Council.
BE IT FURTHER RESOLYED
that the City Clerk lie and he
is hereby ordered and directed to
advertise for proposals for the con-
struction of the variou& improve-
ments herein proWled for in the
manner provided liy I..w, the said
improvemeJllt& shall be completed
on or liefore lOO day" after noUce
to proeeed b... been is1lUOd.
BE IT FURTRE,R RESOLVED
that this resolution tieing deemed
urgent and of immediate necessity
shall be in forœ and effect from
and after its pas.sage and ad<1;Ption
by the City Council.
Passed, adopted and approved
this 2nd day April, 19'/3.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayoe A. Mo1denhauer
Councilmen
Attest:
Leo F. Frommelt
Oity Clerk
Councilman pregler movedadop'
tion of the resolution. Seconded
liy Councilman Moklenhauer. Car.
ried liy the following vote:
Yeas-Mayor Bitter, Councilmen
Moldenhauer, Preg!.er, Thoms.
N..ys-Oouncilmm JustmallD.
March 16. 1973
Regular Session, April 2, 1973
181
Honorable Mayor
and eouncilmen
The City Planning and Zoning
CoDlll11iB5åon has, reviewed the final
plat of Block 8 in "Thomas Farm
Addition" in the City of Duliuque,
Iowa.
The Com_ol> has found that
the plat coDforms to the approved
prelõminary plat for this area and
meets the minimum requirements
of the Subdivision Regulations of
the City of Duliuque, Iowa'.
It is the recommendation of the
City, Planning and ZonIing COm-
mission that the final plat be ap-
proved.
CITY I'LANNING AND
ZONING COMJIISSION
Daniel Dittemore
Development lIlanner
Councilman Pregler moved that
the communication be received and
filed. Seconded liyCo1mClilman Mol-
denhauer. Carried liy the following
vote:
Yeas-Mayor Bitter" CounlClilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
RESOLUTION NO. 103.73
Resolution approving the plat of
Block 8 in "Thomas Farm Addi.
tlon" in the City of Dubuque, Iowa
WHERE;\S, there has lieen filed
with the City' Clerk a plat of the
Subdivision to be !mown as Block
8 in "ThomíÌis Farm Addition" in
the' City of DUbuque, Iowa, liy
Richard C. Henschel and Mildred
L. Henschel; and
WHEißE;\S, upon said plat ap.
pear streets to be imown as Va-
lentine Drive, together with cer.
tain publåc utility easements, which
the Owner. by said plat have de-
dicated to the puliJoic forever; and
WiIÐREAS, s,aid plat has lieen
examined by 'the City Planning
and ZOning' Commission and had
its approval endoroed thereon; and
WHERE;\s, said plat has been
examined by the City Council and
they find thUthe' _.oonforms
to stàtute& md-o1'(!ånatjces relating
thereto, exœpt'that"street grades
'have- not- beene_shed, the
streets:liroUØ!--to grade, or paving,
sewer or w..ter installed;
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the dedications
of Valentine Drive together with
the easements fur pulilic utilities
as the same appear upon said
plat, lie and the s,ame are hereby
accepted;
Section 2. That the plat of Block
8 in "Thomas Farm Addition" in
the City of Duliuque, Iowa, be
and the same is bereby appl'oved
and the Mayor and City Clerk
are hereby authorized and direct-
ed to endorse the approval of the
City of Dubuque, Iowa, upon said
plat, provided the awners of said
property herein named, execute
their written acceplance hereto at-
ta"hed agreeing :
a. To reduce lIIIl,streets to grade
and to conslruct concrete curl> and
gutter and to bard surface Valen-
tine Drive with liitulllinoæ con-
crete, or with concrete pa,ving with
integral curb, all in accordance
with City of DUbuque standard spe.
cifications;
b. To install sanitary sewer
mains and sewer se1'V!ice laterals
in aœordance with pIlans submitted
with the plat;
c. To install water mains and
water se1'V!i.. laterals in accor-
dance with plans sulimitted with
the plat;
d. To install storm sewers and
calc¡'liasins in aœordance wit h
plans submitted with the plat;
e. To instaJi concrete sidewalks
as required liy Ordinances, and
where directed liy the City Engi-
neer and the City Manager;
f. To construct the foregoing jm.
provements in accordance wit h
plans' and ~ations approved
by the CitY Manager, under the
inspectiDn of the City Engineer,
and in a manner approved liy the
City Manager;
g. To maintain the furegoing im.
provements for a period of four
(4) years from the date of their
_eptan..liy the City of Dulbuque,
Iowa;
h. To provide the .fOregoing con.
struction: and' maintenance-, at the
sole expense of the Sulidivider, Ri.
chard C. HellS<:het --and Mildred
L. Henschel, as owner;
182 Regular Session, April 2, 1973
LTo construct said improve- CoUDcilmanPrecIer moved aclop-
menU, .....,ept sidewallos, prior to lion of the resolution. Seœnded
March 1, 1976, and to construct by Councilman Moldenhauer Car.
the sidewa!ks prior to March 1, ried liy the folloWÍDII votë:
1977; Yea&-Mayor Bitter, C()uDcibnen
and further provided that sa:id Ri. Jnstmalm Moldenhauer Pregler
Oharo C. HeDSchel and Mildred Thoms. ' "
L. Hensehel as owner of oaid Sub. Nay&-None.
division, secure the performance,
of the foregoing conditions by pro- RESOLUTION 1\10. 1t4-73
viding security in such form and NOW, THEBEFORE BE IT BE.
with .ucb sureties as may be ac. SOLVED BY THE CITY COUN.
ceptable to the City Manager. CIl. OF THE CITY OF DUBUQUE,
Section ~. That in the event Ri- IOWA:
chard ,C. 'Henocl1el and Mildred That the City Manacer lie and
L. Henschel shall fail to execute iJI hereliyauthortud and direct"
the acceptance and furnish the..... ed to execute a Ucense ~.
curity provided for in Section 2 mentfor an easement in coD;jimc-
hereof within 45 days after' the tion with the Park Hill Feed Main
date of this Resolution, the pro- Water Dlatribution Syste~ Im-
visions hereof shall be null and provements, a - ',of which is
void and the acceptanœ of the attached. This is being completed
dedication and ap¡>rovai of the plat as... part of the IIUD Project
sball not he elfective. WS.Iowa-99.
Passed, adopted and approved Passed, "",rom and adopted
by unanlmoœ reeoroed roll caD this 2nd day of April, 1ØI3.
this 2nd day of April, A.D., 1973. ~ph J. Bitter
Jœepb J. Bitter Mayor
Mayor Walter A. prej !er
Waiter A. Pregler Allan T. Tboms
.\llan T. Tho"'" C. Robert .Tustmann
Wayne A. Moldenhauer Wayne A. Moldenhaner
C. Robert J_ann Couneilmen'
Councnmen Atteøt:
Leo F. Frommelt
City Cledt
I, Leo F. Frommelt, CIeri< of
the City of Dubuque, Iowa do here-
by Certify tile foregoing to be 'true
and correct copy ,of, a Resolution
AdoPted liy fhe City Conncll of
the City of Dn!iuqne, IÓ- at a
meeting on the 2nd day of April
1973.
Witness the seal of the said City
of Dubuque, Iowa and my oIgna.
lure this 2nd day of April" 1973.
Leo. F. Frommelt
City Clerk
CoIl1>èÜDl8l1 JlIStmanD moved
adoption of thereao1ution. Seeond.
ed liy CouDcilman Pregler. Car.
ried liy the follcnriDg vote; ,
Ye... - Mayor, Bitter. ~-
men Justm..nn, Moidenllauer,
Pregler, Thoms.
Na,........None.
RESOLUTION NO. 1~73
WHEREAS, plat date4 ' March
18,' 1973,prepa'1'ed ,by. Jolm L.
White,1:ieeD8ed,eiWl èJIi ineer ud
land surve,...-, co-ma the Sub-
division of Lot 1 of Lot 1 of Sears
Attest:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF RESOLUTION'
NO. 103-73
We, the under$Îgned Mildred L.
HenSchel and Ricbaro C. Hell8Cl1el'
having read the terms and condi-
tion!! of the foregoÍDg Resolu1ion
No. 1œ-73 and lielng familiar with,
the con~lions thereof, bereby a,,- I
copt the same and agree to per-
form the condi1ions required fhere. '
in.
Dated at Dubuque, Iowa, this
2nd day of Apri1, 19711.
s M'Ildred L. Henschel
s Richard C. Henschel.
To:
Leo F. Frommelt
City CIeri< '
:11Iis is to certlity that the Be-'
curtty proVided by the foregoing
Resolution No. 103.73 bas been fur- :
aished liy the oWners.
:Dated at Dubuque, Iowa, this
3rd day of May 19'13.
cmliert D.Oh8iVene1Ie
City Manager
$.,
Regular Session, April 2, 1973
IIVeINeIt ani Company SUbdivillion
No.2 in the City of Dubuque,
-. ; 8IId
. WHEItEAS, said' plat conforms
to the laws and statutes pertain-
ing thereto; ,
NOW 'l'HEIREFOBE BE If BE.
SOLVED BY mE' CITY COUN-
OIIJOF '!'HE ClTY OF Dt1BUQUE,
IOWA: ' I'
Sedloa I., That'the pl..t dated
M'arcþ.18. 19!I3, prepared 'by John
L,' Wbit~,lic...sed, civil encmeer
811d' Iud ' lUÑeyor, ' eov..-mc the
reel, estate"bereiDai>o.ve ~ed,
be' aDd the """'" is lael.'eby ap-,
peoftd, 'anot thát" the ',Mayor and
City Clerk of the City, of Dulluque.;
~ bit, ~,they are herl\l!y,au.
thorizedand direCted to ex"'"
said pl",,¡;~ ,",* QII;hehall' of
the City of DubuQ¥8,~wa.
Secti.., ,1.' That 'ØIe.'Qty Clerk
be and be,';.' bereIt,. 'lIutborized
anot>'dir'm8à'1o,Iile..d plat and
this Iieoølutiøn ia -\tie' . oIifiœ of
the Recorder ia8llli' for, Dubuque
County, Iowa.
Passed, --, and adopted
this 2nd day of April, 11'13. '
""'r' 'Jœtplt ¡,,'Bitter
,'II1i,..
Wàlter A. Pregler
";AIlan T.Thoms '
,..' ,Wa".. A. MoldenIuouer
C.,JIobeñ' Justmann
CouDciImen
Attest:
Leo F.Fro_dt
OilY, celt: '
, ~ P¡'~er mo~ed adot>-
\lpn, ,0(. 'the, reso1a1ioi>. Seconded
liY Cóun<>1Iman ¡'ustmann. Carried
liYthe foJlo:WU¡g ...te:
Yeas"';" Mayor Bitter" Council.
men JûstDtann, Mol<1ellilauer,
Pr~, 'IYwmil.
Na~Hone.
RESOLUTION NO. 1111-73
WHEREAS, the City of Duliuque,
I-a and WaJile Motor Saies en-
tered Iøto .. written 1ease, dated
ApritlO, 1II7Z; and '
WHE~, a misdescription in
"""Please 'us heerrðbserved and
same should lie eerreeted and a.
mende<land ~ 1- is
hereto attaehed. '
NOW 'I'HEREFORE BE IT BE-
SOLVED BY THE CITY COUNCIL
OF' TI'IE ClTY 011' DUBUQUE,
IOWA:
, Section 1." That lease liy' 8IId
betWeen, City , of' Dubuque, IOwa
and Wayne Motor Sales, dated A-
pril10, 1972; be amended to correct
misl\eseriptjon in red estate, there.
in leased &lid' that correeied lease
as hereto a'ttadled leasing the foll-
owing deseripted reai estate, ta-
Wit.
Lot 1 of the SubdÍviSiÔII of Loi
1 of Sears-Roebuclr & Co.,' subdi.
vision No.2 in the OitYof Dubu-
que, IOwa" sidiject to exUlting
lease 'In' WIIioards re; Good.
year or Frank 'Hardie Advertis-
, ing - '" , "
be and the,salÎle is hereby ap-
proved.' ,¡"
Seètroli 2. ,That' the Mayor and
City Clerk ¡¡ë¡ma 1Iiey ire hereby,
autbohõèdand cIii-eeted' to execute
said Amendment to Lea&e. ,',
t'~,'aIJili-ovi;cf 811d' a~
this ,3I«Fclay Of A\J!ß.,' 19'18.
, ',}~ :S.' Bitter
Mayor' '
Walter A. Pregler
"A1laø T. TIIo1llll
,warne' At Moldenhauer
C. Robert~ann
. -Co1lbcilmeD
A'ITEST: ,"
Leo F; Frommeä
CityCleIfr
Councïaman Preig(et IOOved adop-
tion of the resolution. 8eeonded
by Councilman 'JutJna.im. Carried
by the following vote:. .
,Yeas-Mayor Bitter" CoIIJICjIm¡!n
Justmallill, MoIdenJaauer; Preg1eJ;
Thoms. ' ,
Nay&--None.
, RESOLUTION NO. 101.73
WHERE;\s, the City of Dubuque
Iowa and Frommelt Building COr-
poration, an Iowa Corporation, en-
tered "into 11 ,written lease dated
August 2. 11185, wåiOh lease,wa.
sulJsequeøtly amea4ed on Ma,. 1,
19&'1 and turther amended under
amenclm~t;' dated Septembe" 22,
1_; and
~, a misdeocriÌnáon in
seI4. lease" and amendments. has
been ðbserved and same shouid
lie ,corrected and that amended
and, COl'l'ected" lease is hereto at-
tacbM.
NOW THEREFORE BE IT BE.
SOLVED BY THE CITY COUNCIL
OF THE CITY, OF DUBUQUE,
¡IOWA:
183
184 Regular Session, April.2, 1973
'Section 1. That lease by,and ll>an Justmaun. ~ed bY the fø1-
between Cil¥ of Dübuque,lowa lowing vote: '
~d 'Frommdt Building. CoI1>Dra- Yeas-Mayor Bitter, OouÐeilmen
lion, an Iowa Corporation, dated Justmann, Moldenhauer PreeIer
August 2, 1966 and amended on Tholll&. "
May I, lfJtIland íurlher amended Nays-None,
011, 'September 22, 1969" be. further
amended to correct misdescription RESOLUTION NO. "..-73
in real estate therein leased and BE IT RESOLVEÐ BY THE
th;It corrected ¡ease as hereto in CITY OOUNOIL OF' TlliECITY
lel'aåIIg the fOllowing descrtlied real OF DUBUQUE, IOWA:
esta,te; ,to.wit: ' Section 1. That 'the attach-e d
LOt 2, of the Subdivision of Lot sheets No. 1to 32\n<!luve; u'e
1.01 Lot 1 of Sears-Roebuck & liereby determined to ,be Ibe sche-
C..., tRIIJdiv1sion ,No.2, and Lot dIIIe of the proposed _Ollis
2 of the Suhdivi'!Ì.on of Lot 1 fer the atyoi Dubuque UI'I8 Con-
of See.....Ro<IIiuck & ,Co. SUlJcj. crete SW-alll: Project, and the
vision No.2, all in the City nlaa1ions aet out therein are here"
of Dubuque" Iøwa, auiljeetto liy approved. '
eaoemODtBoI, record, Adopted 1IIis 2nd day of Apnl
he and the,6ame ÎIS hereby ap- 19'I3, ' ,
proved. ' , ' JOOO!>I> J. JIitter
Section 2. . That the Mayor and lIIa,or
City Clerk be and they' are hereily Walter A. Pregler
authorized and directed to execute Allan T. Th<>11111 '
said Amendment to Lease. Wayne A.MoIdenbauer
Passed, _roved and adopted C.RoIiert Justn""m
this 2od day of April,. JÐ73. ATl'EST: Counclbnen
¡JoøepbJ, Bitter Leo F FroDl'llleil
MaJOr . .
Walter A. Pregler CityClerl<
Allan T. Thoms,' Co";""Ìlman MoJdeu/Jauer moved
Wayne A. Moldenhauer adoption of the reøoltiUon. Second-
C. RolieIt J_ann, ~ by Couneilman .Justinann. Car-
Councilmen ned ,liy the ,fo1towingilote:
ATl'EST: Yeas-MayOr Bitler,' Councilmen
Leo F, Frommelt Justmann, Moldenhauer, Pregler,
City Clerk Thoms.'
- ' Nays-None.
tJouDeßmaJ> ,Pregle<' moved adop.
tion ,01 the' résollltion. Seconded RESOLUTION No.' 109.73
by Councilman Justmann. Carried Approval of preliminary est i.
by the following vote: mate, p¡ans, specifications, form
Y~a,or Bitt..-, Councilmen of contract, plat ,and aD ,other, doc.
JustInann, Moodenhauer, Pregler, uments for the !:i>nst:ruc1linn of 1973
Thom&. ' ' Co~,ete Sid-a!): ~jed, in the
Nays--.-None. estimated. amouot of' $'17,366.00, on
the foUowmg named streets
Mareh 7, 1973 Primrose Street: fr~1I1 Daven-
To the Honorable Mayor port to Kane Streets.
and City, Coundl BudirllltOl' OS_: 'irom' Prim-
J hereby sulimit the attached roaeto Broadway.
sheet No.1 thm 32 showing a Keok1ã: Street:frøm Œ'rÏ1'II%OSO
schedule of, the proposed valua- to Gleøwood. '
IlOIlo and 1uisessments for the 'con- Sauoders Street: from Lemon to
otritction 01 fhe1973 Concrete Side- Tlmberine.
walll: Project. " Oakereot )rive: fr(} ll G r e.. n-
RespectfuMY sulnnd.tted wood to ,Maplewood.
John L White P E ' Mesa Drive: east side, from
City ,Wneer' .. Kane to Allura Streets.
Boyer Streets: from lindaCourt
, 'Coundlm81L 1\icidrenballe¡-: .fOOyed to Andrew Court. '
that the'tómmtlnieation lie;receiv.BÐhoa Street: ..rest Side from
ed and filed. Seconded liy Council. Kane to Cortez Streets. "
Regular Session, April 2, 1973
185
Chaney Road; from Kaufmann
to ,Kane Streets.
Kane Street: north side, from
IDcI<ory Hill Road to Chaney Road.
Kaufnwum Avenue: from Thecla
to Eve"green Street.
Gordon Drive: Ú'Om Theda Drive
to Kaufmann Avenue.
ertssy Drive: west side, from
TIIeda Drive to Aobury Road.
¡¡;ey Co_: from Sharon to
¡¡:e~y Drive.
Key-!IJoDt Drive: from VizaIlea
to, Ke,yoway-Orive.
PeDllSylvan1a Av...ue: hoth øíd-
eo, from, Bies Drive to Lea Lane.
WiihriciltLane: south øíde, from
Asbury Road to St. Anne, Drive.
MqlIen ,Roa<i:lioth sides, from
Iúl1c;rest Road -,to.o\sllury Road.
,C/Umey, Road: :west side,' from
PennsyLvania to St. Anne, Drive.
University, Avenue: DOrthside,
from' ,Pr»i¡i tdVan Buren Streets.
Van Buren Street: oouth side,
from Beverjy Street to University
Avenue.
PrY\'!Ì. Street: both sides, from
New Haven' Street to Univeroity
Avenue. '
Grandview '.wenue: west side,
from iJel!ìi to UÌ>iver'sity Avenue.
Cummins Street: west side, from
Loras Blvd. to end of Street.
Auburn Street: east side. from
N.Grandview Avenue to Dexter
Street.'
'Kaufmann Avenue: both sides,
from N. Grandview ATenue to Ma-
ryville.
N. Grand\'iew Avenue: west side,
from Clarke Drive to Cerro Drive.
Avoca Street: from Rosedaieto
Green Streets.
Atlantic Street: west side, from
N. GPlIDdview Avenue to Dexter
Street.
N. AIgona: hoth sides, from N.
GPandview Avenue to De x t e r
Street.
Clarke Drive: north side from
WQOdWOl'tb to, Ungs Streets
Diamond Street: north side, from
J""bon Street to Central Avenue
presented end read. Councilman
Moldenhauer moved adoption of
the resolution. Seconded by Conn.
ciiman JUSÚl anu.' Carried by the
following vote:
Y'OU--MayorBitler, Councilmen
JuslmallA;Mo1danhauer, 'Pregler,
Thoms.', .- -,
Nays-Nolle, '
CNeceuity for Improvement)
RESOLUTION NO. 110-73
WHEREAS, proposed plans, ope-
oifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque
and are now on file in the oJñce
of the City Clerk showing among
other things the following:
1. The boundaries of the dis-
trict, if any.
2. The streets to he imPOrved.
3. The width of such improve-
ment.
4. Each lot proposed to be, as-
se&aed wgether with a, valuation
fixed- -by the council,
; 5. An estimate of the' cost of
, the Proposed improvement, stating
the '9àme fore8lCb diJifereDt, type
of coll6truiction and kind of ma-
terial to lie used.
6. In' eacl1 Ca&e the amount
thereof which is iOStimated to he
assessed against each lot, for fhe
UI73 Concrete Sidewalk Project.
Primrose Street: from Daven-
port to Kane Streets.
,Qurlington Street: from Prim.
rose to Broadway.
KeoIrukStreet: from Primrose
to Glenwood.
Sauoders Street: from Lemon to
Timberline.
Oalœrest Drive: from Greenl\Vood
to Maplewood.
Mesa Drive: east side, fr 0 m
Kane to Miura Streets.
Boyer Streets: from Linda Court
to Andrew Court.
Balboa Street: west side, from
Kane to Cortez Streets.
Chaney Road: from Kaufmann
to Kane Streets. '
Kane Street: north side, from
Inckory Inll Road to Chaney Road.
Kaufmann Avenue: from Theda
to Evergreen Street.
Gordon Drive: from Theda Drive
w Kaufmann Avenue.
Crissy Drive: west side, from
Theda Drive to Asbury Road.
Key Come,.,,: from Sharon to
Keyway Drive.
Keymont Drive: from Vizallea
to Ke,YOWay Drive.
Pennsylvania Avenue: hath oides
from Bies Drive to Lea Lane.
Wilbricht Lane: south side, from
Asbury Road to SI.Anne Drive,
Mullen Road: hoth sides, from
Inllèrest Road to Asbury 1Ioed,
186
Regular Session, April 2, 11113
Chaney Road: west side, from I
p~=:~~a A~ens.;,: ^:"rth Dr':: I
from Prysi to Van Buren Streets.
Van Buren Street: south side,
from Beverty Street to University
Avenue.
Prysi Street: hoth sides, from
New Haven Street to University
Avenue.
Grandview Avenue: west side,
from De1l1i to University Avenue.
Cummins Street: west side, from
Lo~as Blvd. to end of Street.
Auburn Street: ea&t side, from
N. Grandview Avenue to Dexter
Street.
Kaafmarm Avenue: hoth sides,
from N, GrandviewAv"""e tÐ
Maryville.
N. Grandview Avenne: west side,
from Clarke Drive to Cem> Drive.
Avoèa Street: from Rosedale to
Green Streets.
Atlantic Street: west side, from
N. Granòview Avenue to Dexter
Street.
N. AIgona: 1roth sides, from N.
Grandview Avenue to De x t e r
Street.
Clarke Drive: north side, from
Woodworth to Ungs Streets.
, Diamond Street: north side, from
Jackson Street to Central Avenue.
BE IT THEREFORE BESOL~
ED that the City Coum:iil on its
own motion or UPOJ> petition of
pt'operty tRIle.., deems it am8>-
able and aeeessary for the pulilie
welfare to make the herein men-
tioned improvement, and 1UIies.
property ownera at the time of
the final cϿideratioo of this' pro-
posed resolulÎØlt have IIIl file with
the City Clerk objections, to the
amount of the proposed ......s-
monts, they shan ¡be deemed to
bave waiwd an Objections thereto.
Said improvements sàall be con-
structed and done in accordance
with the plana and specifications
whiell have been prepared 1iIere-
fore liy the CIty Engineer which
have Ii.... _ved by the Oily
Council and are now on file with
the City Clerk. That the COBt and
expense of making aaid improve-
ment wiJl be assessed upon and
against all pri...tely owned pro.
perty lyiDg within assesaable dis-
tallce provided by law and iI> an
amount not to exceed the amount
provided tiy laW; pmpertywin be
assessed wbetber the same abuts
thereon or is adj- thereto ac.
cording 10 area andil> proportion
to the special I>e11efits conferred
thereby, and any _cieœy shall
be paid out of the general fund,
improvement f1m<is or parUy out
of each of SlÙd funda Street Im-
provement Bonds shall be Issued
and sold in an1icipa'tion of deferred
payments of assess- when a
contract has been performed and
oocepted and the proceeds thereof
used to pay the' contractor. The
railway portioD Of any street' or
as..."",.ent di.strld shatIbe a......-
ed to and pe1d tiy the railway
company.
TIle eIJove ~lu1ion' wa. intro.
duced, approved and ordered pf:œ.
ed on file with the City Cierk
tIiis '2nd day of Aprll, 1m,
Approved and placed on file for
final aetion.
, Approved
Joseph J. Bitter
MlIJOr
C. BoiIert Ju.stmalm
Walter A. Pregler
All.... T. Thoma
Wayne Ä. Moldenbauer
00uncilmeD
Attest:
Leo F. Frommelt
City Clerk
Councilman Moldenhauer moWlt
ap Jl'ovai of the ~tion. 8eco1lld-
ed liy CoUDCihnu JuMmam>. Cor.
ried liy the fullowing vote:
Yea&--llfa",r lIitter, Coundlmen
Justmaun, MoiMDI>8uer, PregleT,
ThoDØ.
NaYl>-None.
(Fixing d8te of hearing)
RESOLUTfONNO. ¡n.73
WHEREAS, the City Council of
the City of Dulmque, IOwa, bas
by Resolution No. 109"73 given its
pre1ilJ1inary aipproval on the pr0-
posed plàn., speclficatioM and
form of contract IDId placed .ame
on file in the offiee of '18e CIty
Clerk for pUblic ÌI1IJI JecIion, for the
construction of 1Ø13 Concrete Side.
walk Project and,
WHEREAS, the propœed Resolu-
tion of Necesllity for &aid improve-
ment bas, been iutrodue'ed and Is
now on file in the <i1;yClerk's
office for pulJllk iDspeetion,
B'E IT THEREFORE RESOLV.
ED that on the 7th day of Mey
Regular Session, April 2, 1973
187
19711, a P\1blie hearing will be held
at 7:30 o'elock P.M. D.S.T. in the
Council Chamber in the City of
D"liuque al which lime the owners
of property ."liject to assessment
for the proposed improvement may
appear and make olijection to the
proposed plans and speci£ications
and proposed form of contract and
at the same time to the lioundaries
of the proposed district, to the
cost of the improvement, to the
amount proposed to lie assessed
against any lot and to the pass'age
of the proposed Resolution of Ne-
cesoity and the City Olerk be and
he is hereby d!neted to cause
a noti.ce of the time and place
of such hearing to he published
ja aome D_r pubJisl1ed in
the eity of DUbuque, the last of
which shall be not less than two
(2) nor more than (4) -ek& prior
to the day fixed for its considera-
tion aM UBk!ss pr"petty owners
at the time of final eons:ideration
of said. reSlÑlltion have on file with
tlte Clerk abjeetions to the amount
~~h~=~~1
waived all oojections thereto, at
which hearin& the Council will hear
such Objection. and enter on record
ita final decision tber_.
Passed, adopted and approved
this 2nd clay of April. 19711.
Jospeh J. Bitter
Mayor
C. RObert J"slmona
Wa1lier A. Pregler
AIl"" T. 'I'homs
Wayne A. Moldenhauer
Cauncil-
Attest:
Leo F. 1'r<>mm.u
City Clerk
CoUDClilman Moldenhauer moved
adopti<>n of the r""¡uti"n. Second-
ed by Councilman Justlnaan. Car.
ried by the following vote:
Yeas>----Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nayo-None,
11150WTtOH NO. 111-73
WHERE;\s, the City Coundl of
the City of Dubuque, Iowa has
l1eretllfDre by bu4get provided for
the appointment of a second Ais,s;a-
tant City Attorney; and
WHERE;\S, the appointment of
a second Assistant City Attorney
i. esoentilOi and in the liest >1/bJ;"
i"terest;
!roW THE)REFORE BE IT RE.
SOLVED BY THE CITY COUNQIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Joseph P. Zwack
be and he is hereby appointed
Assistant City Attorney of the City
of Dubuque, Iowa at a salary of
Six Hundred ($800.00) Dollars per
month commencing April 1, 1973.
Passed, approved and adopted
this 2nd day of April, 1973.
Joseph J. Bitter
Mayor
C, Roliert Justmann
Walter A. Pregler
AJ¡ an T. Thoms
Wayoe A. Moldenhauer
Councilmen
Attest:
Leo F. Frommelt
City Cieri<
Mayor Bitter moved adoption of
the resolution. Seconded liy COun-
cilman Pregler. Carried by the
following vote:
Yeas--Mayor Bitter, Councilmen
Justmann, MOldenhauer, Pregler,
Thoms.
Nays.-None,
RESOLUTION No. 113.73.
BE IT RESOLVED liy the City
Council of the City of Duliuque,
Iowa, that the following have com-
plied with the provisions of law
relating to the ""Ie of Cigarettes
within the City of Duliuque, Iowa,
be granted a permit to sell Cig-
arettes and Cigarette _en; with-
in s:aid City.
Will.Co, , Inc. sœ West 5th Street.
BE IT FURTHER RESOLVED
that the bonds filed with the appli.
catton be aipproved.
Passed, adopted and aipproved
this 2nd day of April, 1973.
Joseph J. Bitter
M"Y<\I'
C. Rohert Juatmann
Walter A. Preller
Allan T. Thoma
Wayne A. Moldenhauer
OouncWnen
A'ttEST:
Leo F. Frommelt
City CIeri!:
- -
188
Regular Session, April 2, 1973
Counc:ilman Pregler moved adop-
tion of the resolution. Seconded
by OoundJrnan Thoms. O&rned liy
the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann,Moidenhauer, Pregler,
Thoms.
Nays-None.
RESOLUTION NO. 114-73
WHERE;\S, app1ieations for Beer
permits have been sulimitted to
this Council for approval and the
same have been examined; NOW
THEREFORE,
BE IT RESOLVED by the City
Council of the Oity of Duliuque,
Iowa, that the following applica-
tions be granted and permits issued
upon the complianee with the
terms of the ordinances of the
City.
CLASS "C" BEER PERMIT
Will-<Co., Inc. 805 West 5th Street.
Passed, a<klpted and approved
tbiIs 2nd day of April, 1973.
Joseph J. Bitter,
Mayor
C. RObert Justmann
Walter A. Pregler
AJlan T. Thoms
Wayne A. Moldenhauer
Councilmen
A'I'I'EST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thoms. Carried liy
the follDwiDg vote:
Yeas-Mayor Bitter, Couneilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
RESOLUTION NO. 115.73
WHEREAS, app1ieations for Beer
permits were filed by the within
named applicants and they have
received the approval of this COun-
cil; and
WHEREAS, the premises to lie
occupied by such appJieants were
inspected ,and found to comply with
the ordinances of this City and
they have filed proper honds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to caU$e
to lie issued to the following named
applicants a Beer permit.
CLASS "C" BEER PERMIT
Will-<Co, Inc. 805 West 5th Street.
Passed, adopted and apProved
this 2nd day of April, 1973.
Joseph J. Bitter
Mayor
C. Robert Justmann
Walter A. Pregler
AJlan T. Thoms
Wayne A. Moldenhauer
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop.
tion of the resolution. Seconded
by Councliman Thoms. Carried liy
the following vote:
Yea&-Mayor Bitter, CollJldlmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-NOne.
RESOLUTION No. 116-73
WHEItE;\S, applieations for li-
quor lieeases have been IAlhmitted
to this Council for approval and
the ..,me have Ii.... examined,
NOW THEREFORE BE IT RE-
SOLVED ,liy the City OoUllciI of
the City of Dubuque, ,Iowa, that
the following app1ieations be grant.
ed and !iicenses issued upon the
co¡nplial1ce with the \el'ms of the
IOWA LIQUOR CONTROL ACT-
CHAPTER 1II1---as amended liy the
64th Generai Assembly, 1971.
CLASS "C" (COMMERCIAL)
BEER LIQUOR LICENSE
Knights of Columlius Council 510,
781 Locust Street.
Passed, adopted and approved
this 2nd day of April, 1973.
Jos. J. Bitter
Mayor
C. Robert J_ana
Walter A. Pregler
AJ.Ian T. Thoma
Wayne A. Moldenhauer
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the r...lutton. 8eeonded
liy Councilman Thoms. Carried by
the following vote:
Yeas-Mayor Bitter, Councilmen
JustInann, Moldenhauer, Pregler,
Thoms.
Nays.--None.
Regular Session, April 2, 1973
189
RESOLUTION No. 117.73
WHERE;\S, applications for li-
quor licenses were filed liy the
within named appJicants and they
have received the approval of this
Council, and
'WHEREAS, the premises to be
occupied liy such applicants were
inspected and found to comply Wiith
the State Law and all City ordinan-
ces relevant ,theretx> and they have
filed proper hondo,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to the follDwing named applicants
a Liquor license.
CLASS "C" (COMMERCIAL)
BEER LIQUOR LICENSE
Knights of Oolumlius Council 510,
781 Locust Street.
Passed, adopted and approved
this 2nd day of April, 1978.
Joseph J. Bitter
Mayor
C. Robert Justmann
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thoms. Carried liy
the follDwing vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
with the a~~ ~ ~ed
as:
Lot 1 of Lot 6, of Lot 12 of
Mineral Lot 172; City of Duliuque,
Iowa;
and
WHERE;\S, Hartig Drug COm-
pany now proposes to sell of said
property; and
WImRiEAS, the proposed put-
chaser'deslres the City of Duhuque
to affirm that the conditions of
said deed have lieel> met and sat-
Isfied and that none of the restric-
tions of said deed have been violat-
ed;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF TIIiE CITY OF DUBUQUE,
IOWA:
, Section 1. That the City CoUllcll
of the City of Duliuque, Iowa àfter
examination and inspection of the
aIorementioned and descrllied pre-
mises has determined and does
hereby affirm that Hartig Drug
Company, an IOwa Corporation,
has not violated any of the restric-
tions or conditions set forth in
the aforesaid deed from the Ci,ty
of Duliuque, Iowa, to Hartig Drug
Company, an Iowa Corporation,
property conveyed in said deed
has not reverted to the City of
Duliuque, Iowa.
Passed, approved and adopted
this 2nd day of April, 1973.
Joseph J. Bitter
Mayor
WlI1ter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
RESOLUTION NO. 118-73 ATTEST:
WHEREAS the City of Duliuque Leo F. Frommelt
Iowa liy deed dated July 9, JS62: Ci-tyCIerk
and filed Septemlier 10, 1962, in' Councilman Thoms Moved adop-
Book 1~8 Town Lots, pages 127 tion of the resolution. Seconded
and 1æ, did convey to Hartig Drug, by Counoilman Pregler. O&rried
Company the follDwing descril>ed' by the following vote:
real estate: . . . .. ' Yeas-Mayor Bitter, Couneilmen
Lot 2 of Lot 1 of Ri!ll SubdivlSlon Justmann Moldenhauer Pregler
and Lot 2 of Lot 6 of Lot 12 Thoms' "
of Mineral Lot 172; each in the .
City of D"liuque, Iowa; Nays-None.
and , Petition of Memorial Day Oom-
WHERE;\s, such conveyance mittee requesting permission to
was made upon certain conditions conduct a Memorial Day Parade
stated in said deed with respect on May æth, presented and read.
to the use and development of Mayor Bitter moved ap!>l"OV'a1 of
laid conveyed pruperty together the petition and refer same to
HJO
Regular &,ssÏ(8, April 2, 1913
tile Oity lIan",. Seconded h7
Councilman Pregler. Carried by
the foi\()WÏII f vote:
Y.a..-Ma""r Bitter, CouMIImen
Justmann, Moldenhauer, Pregler,
Thoms.
Nay..-None,
There being no fuRller buain-
Mayor mUM IJI<)ved to .,.¡journ.
SeçQadad liY CoIIaciilnf,ll Pregler.
CarrieI\ liy the Iollewing vote:
Yeu-JlQOI' Bitw, ~
J.-...ua, Jloldeahauer. PrecW,
'IbeoJts.
Nays-None.
Lee 1'. J'rommelt
City CIerit
APPfO\'e4 .................................. 11'13
AAlDpÞd .................................... H'I3
...........................................",..............
..........................................................,.
........,.............,..................,.................,
...on...."""""""""""""""""""""""""
.............................................,........."..,
Councilmen
Attest: """"'~'Ci;k""""""""""'"
Spedal S~ April 9, 1973
191
my COUNCIL
OFFICIAL.
Special ...ion, AprU 9, J973.
Due to lack of a quorum, as
... ......11 of .. ~II\I, the
mølfng was4lll/8wJle4 bV .... Ma-
,... toMond.,. Ewn- ~rß 16,
1973, at 1:. .'dock ".M. 110 ...
'-<II Cbethbera lit 1M City He...
Leo F. ~eIt
City OJerk
A lpreved .................................. Jft3
A~ .........;..........-.-.-. øra
""""""""-'" ..-............-..--
.....--...............................................,
.-.-....-........................................
....-.....,-....................................
...--.........-.....................................
CounCilmen
AlteR: """"Citiä;;;:k-""""""""""
Adjourned SpeêialSession, April 16, 1973
deDhlluer. Carried by the ioliDw.
ing vote:
Yea&-'-Ma:yor Bttter, Councilmen
OFFICIAL Moldenhauer, Pre¡ler,Thoms.
Nays-::.None.,
Ad(ourned special session, April; Aibsent--Councilma1> JustlÍ1aDn.
16, 1m. I, Couneiimaa prOc1er moved that
Council met at 7:30 P.M. (C.s.T.) ! the l'Ides be SUSlJ'lllded in order
Present - Mayor Bitter, Conn. to let 811Y0II8 pr.entaddre&e the
cilmen Moldenhauer, Proeler, Coaneil if they"" de.......
Thoms. City Manager Gilbert D.! 1I(i. Bob Dorothy of the DIiIII.ç.e
Chavenelle. Absent - Councilman I Industrial keau explained the
Justmann. proposed sale of land in the In.
Mayor Bitter read the call and dustrial Park to the Council liy
stated that service thereof had requeolt.
been duly made aIld this is on ,:flUmmunieation ofMa~,,»i~r
adjourned special ...slon of April submitting a communicalion from
9, 1m, called for the purpose of the Mayor of Sioux City, Iowa,
conducting public hearings on va. _uragingattendanee. at '" pqbl1c
nous parcels of cIeIapidated real hearing to lie held in Sioux City
estate throughout the City, aIld on April 19th, to lend support to
acting upon such other liusiness legj&lation regarding local option
as may properly come before a taxes, presented and read. Mayor
regular .meeting of the COunciL Bitter moved that the communi.
Minutes of the Playground and cation be received and ,filed aIld
Recreation Commission of their that a letter be drafted una";.
meetings of March 12th aIld 15th, mously endorsing the ~al option
presented fur the record. Oouncil- tax. Seconded ~y CoUllcilmall ~ol.
mal> Pregler moved that the mi- denhauer. Carned liy the followmg
nutes lie received and filed. Be. vote:
conded liy Mayor Bitter, Carried Yeas--'Mayor Bitter, Councilmen
liy the following vote: Moldenhauer, Pregler, Thoms.
Yeas--'Mayor Bitter Councilmen Nays-None.
Moldenhauer, Pregler: Thoms. ~sent----O>uncilJl18n J_am.
Nays-NOne. Communication of the Iowa State
AlJ6ent--Councilman JU&lmann. Highway Commisoion sulimitting
Communication of YM-YWCA maps ~ theeorridor Iocatielr':of
Community Center sullmitting a U.S. ffighwa, ~' in' Jackso!, aIld
. . , Dubuque Counties and notice of
proposed "!I,:nda. and diVlSlon of corridor public hearing to Ii held
school partiCIpation for Youth in e
Government Days for April 23, U, ~~e::¡J~' a:3 :~a:~ll~~~~'::a~
and ~th, presented and read. Pregler moved that the communi.
Councilman . pr~gler moved that cation he referred to the City Ma-
the commumcation lie referred ~ nager and Staff and report liael<
the Staff.. Seconded liy M~yor BIt- 10 the Council. Seconded liy COun-
ter. Oarned by th.e foIlowmg .vote: cilmal> Moldenhauer. Carried liy
Yeas--'Mayor Bitter, Councilmen the following vote:
Moldenhauer, Pregler, Thoms. Yeas--'Mayor Bitter, Councilmen
Nays-None. Moldenhauer, Pregler, Thoms.
~ti&enlr-Councilman Justmann. NaYs--'None.
Communication of Mayor's In. Ailsent--Councilman J_ann.
dustrial Committee recommending Communication of State of Iowa
sale of a parcel of land in Block Department of Environmental Qua.
5 Riverfront Suli. No.3 to L, C. lit)' sulimitting a Needs Survey
Riggs Associates, approx. 1.28 acres I'. Questionnaire relative to Federal
for an approx. price of $8,973. pre- I grants for consf:ruclion of Treat-
sented and reed. Councilman Pre¡- i ment Works, under authority of
ler moved that the communication Federal Water Pollution Control
lie referred for proper proceed~ 'Act amendments of 1872, present.
ings. Seconded by Councilman Mol- " ed and read. Councilman Thoms
l11i
CITY COUNCIL
" ,
Adjourned Special Session, April 16, 1973
193
moved that the communication he
referred to the Manager, Second-
ed by .Councilman Pregler. Oar.
riedhy the following vote:
Yeas-Mayor Bitter, Councl1men
Moldenhauer, Pregler, Thoms.
Nays-None.
Absent--Councilman Justmann.
April 5, 11173
To the Honorable Ma:yor
and City Council
I submit a proposal for the ex-
penditure of federally shared "Ge.
neral Revel1ue Fuode."
There is $933,934.00 available. It
is proposed to expend $II32,!I12.00
in 1973.
I am certain that the council
lielieyes th~t revenuø shared funds
shOlll1l be us~d for sometlHng spe-
cial, something out of the ordi-
nary. ~ proposal is 59 couche4, I
Either Ö\e items of eXPense are
~Ilsllal or Ö\e circllmstance of
the request is extraordb1ary.
It is proposed that the funds
be expended in the following ways:
1) I1ems of speeial and imme-
di~te need, $88,080.00.
2) Programs and inprovement.o
which citizens will use directly,
Direct appropriation reqllest
$129,500,00.
Prudent reserve $171,000.00.
Total $300,500.00.
3) Important and sizable capital
improvements $330,800.00.
4) Items needed for future de-
velopment $315,000,00.
5) Use of funds to reduce pro-
perty taxes $14\1,532.00.
6) Items (or administration-to
accomplish the work $31,000,00.
Total $932,912.00, .
It Should be r¡oted th~t $143,532.00 I
has already been appropriated to
the 1973 blldget for t!1~ I'< duction
of taxes. This amount has been
used to fund, in part, fire depart.
ment salaries. It is recommended
that $619,$0.00 be additionally &p-
propria,ted for 1V13 liUdget, and
that $1~l,OOO.OO Ie r~tained as
"P!"1ldent reserve" for imminent
programs.
Already appropriated, $143,532,00
Requested appropriation $618,380.00
Prudent 'Res~rve, $171,000.00. Total
$932,!I12.00.
Beyond the amount of available
funds, an additional list of im.
portant program .toms bas been
submitted. The total estimated ex-
pense of these programs is $235,200.
00. I have submitted the list to
provide range of choice. Beside
the Items presented in thû! report,
some 49 other proposals at an es-
timated expense of $594,000 were
considered, sifted and not selected,
Many of these ideas will be con-
sidered in the 1$74 hudget,
We h~ve "'lid that a proposal
for the expenditure of shared funds
is something special. It is ~n his.
toric occasion, and indeed a hap.
py event.
I would suggeat that this liill
of affairs be roundly discussed,
presented to citizens for opinion
and set down for hearing.
Gilbert D. Cbavenelle
City M'anager
Councilman Thom<¡ moved th~t
the proposal be referred to the
Advisory Commission with a re-
commer¡dation that they make a
recommendation to the Chamlier
of Commerce Committee for are,
view of the proposal. Seconded by
Councilman Pregler. Carried liy
the following vote:
Yeas-Mayor Bitter, Councilmen
Moldeuliauer, Pregler, Thoms.
Nays-.-None. Ai>sent-Councilman
Justmann.
April, 11, 1973
To the Honorable Mayor
and City Council
A request has lieen received for
additiol1al street lighting in the
2490 block of Queen Street.
The area has lieon investigated
by the electrical inspector and it
is recommended that a 4000 lumen
incandescent fixture be mounted
on a new wood pole on the north
property line of 2417 Queen Street,
adjacent to the curb line.
Gilbert D, Ohavenelle
City M'anager
Councilman Pregler moved ap-
proval of the recommendation. Se-
conded by Councilman :!(oldenhau-
er. Carried by the following vote:
Yeas~Mayor lUtter, Councilmen
Moldenhauer, Pregler, Thoms.
Nays-None.
Absent..councilman Justmann.
Minutes of the Human Rights
Coml!1ÌSlliOl> of their meeting duro
ing the month of March, presented
for the record. Councilman preg.
Adjourned Special Session, April 16, 1973
Adjourned SpeciaJ Session, April 16, 1973
Communication .of .University of
Iowa, advising of a one day semi.
nar on Alcoholism to 'be held in
Maquoketa on M~y 10,19'13, pre.
sented and read. Councilmall' Pre-
gler moved that,the communication
be received and filed. Seconded
by Councilman Thoms. QaniedbY
the foRowing vote:
Yeas-Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thoms.
Nays-None.
,u,sent-Couneilman Justmann,
April. 2, l873
Honorable Mayor and City CoUllciI
On J~nllary 22, 1973, Marl< Grace
of 568 West 7th street, filed claim
for damages as the result of strik-
ing an alleged Ì1<Jlein the ,a~y
behind Stampfer's on !.he 20th da~
of January, 19'13 at approximately
1;4.0 P.M. claiming dallÏagès that
knocked the rear end' of llis ear
out of alignment andpQ6Stlile uni.
versal damage, and claiming tile
amount of $l5.00.'
I have made an inves!ig<¡tion
of this matter and I have had
"reports from the Street Depart-
ment, Water Department and the
Engineering Department and it is
the opinion of the ,City Attorney
that there is no actionai>lenegli-
gence on !.he part. of the City of
Duliuque and therefore recommend
denial of said claim.
Original claim is, returned here.
with.
195
194
the result thereof in the amonnt
of $57.20.
This matter was referred to the
City Attorney and I beg to advise
that I have made an investigation
thereof through the Street Depart-
ment and through the Water De.
partment and through the En-
gin..ring Department and it is my
opinion that there is no actionable
negligence on the part of the City
of Doouque in connection with this
élaim. Accordingly, it Is the re-
commendation of the City Attorney
thatsiad claim for damages be
.denied.
Original claim ,is returned here-
With.
of 'a fall on the east curb of Lin.
coln north of. northeast corner of
intersection of Lincoln and Mar-
shall Streets, presented and read.
Councilman Moldenhauer moved
that the notice 01: claim be referred
to the City Attorney for proper
action. Seconded by Conncilman
Thoms. Carried liy 'the following
vote:
Yeas - Mayor Bitter, COuncil-
men Moldenhauer, Pregler, Thoms.
Nays-None.
Ahaent--Conncilman Justmaan.
Notice of Suit of Roy A. & M'arie
L. Knch in the amount 01:$22,500,
for ,personal induries received in
a fall on an icy sidewalk liy Roy
A. Kuch, on 24th Street abutting
the property of Donald Sand at
2364 Washington St. on December
30, 1972, presented and read. Conn-
cilman Moldenhauer moved that
the notice of Suit lie referred to
the City Attorney for proper ac.
tion. Seconded liy Councilman
Thoms. Carried hy the following
vote:
Yeas - Mayor Bitter, Conncil-
men Moldenhauer, Pregler, Thoms.
Nays-None.
Ab6ent--Conncilman Justmann.
Notice of Olaim of Reliance In-
surance Companies claiming sub-
rogation rights in the amonnt of
$288.32 in the accident case of JOOo
R. Grimes claiming their insured
was not at fauÍt, presented and
read. Councilman MoldeDhauer
moved that the notice of claim
be referred to the City Attorney
for proper action. Seconded tiy
Councilman Thoms. Carried liy the
following vote:
Yeas - Mayor Bitter, Conncil-
men Moldenhauer, Pregler, Thoms,
Nays-None.
Absent-Councilman Justmann...
Notice of Claim of John M. Hei-
dorn, in the amount of $37.08, for
car damage incurred as the result
of striking a chuck-hole in the
street at 180 Devon on April 10,
1973, presented and read. Council.
man Moldenhauer moved that the
notice of claim lie referred to the
Oity Attorney for proper action,
Seconded by Councilman Thoms,
Carried liy the following vote:
Yeas - Mayor Bitter, Council-
men Moldenhauer, Pregler, Thoms,
Nays-None.
Absent-Conncilman Ju&tmann.
ler moved that the minutes .he I
received and filed. Seconded liy I
Councilman Moldenhauer. Carried
hy the following vote:
Yeas-Mayor Bitter, ,Councilmen
Moldenhauer," Pregler, Thoms.
Nays--None.
Absent-Councilman Justmann.
Communication of Ruth Nash,
being in sympathy with the olijec-
tors of the 4th and Bluff street
area, also Objecting to code en.
forcement in the 3rd and 4th street
area lilocks when they are not
being enforced in other areas of
the City, aloò Objecting to action
taken by tile, Planning & ZOning
Comll1Îß5ion that their property lie-
come a parcel of the grand. plan;
however requesting tile Council to
follow present r",,!,mmendation of
the Planning lit Zoning COmmiss-
ion, with,enlorceâble limits 'to ~ny
oommercial development, present.
ed and read. Councilman Pregler
moved that the' comrnnnieation lie
received and fil.ed. Seconded liy
Councilman Tboms. Carried liy the
following vote:
Yeas-Mayor Bitter Conncilmen
Pregler, Thoms.
Nays--None.
Alisent-Councilman Justmann.
,u,stained-Councilmall Mold en.
hauer.
Mrs. Rutll Nasb ~ddressed the
Council requésting that tlleir re-
quest stand on its own merits.
The olijectors from as far away
as 3rd and Bluff should not be I
considered ás Objectors to their ,
particular property. '
Communication of City Attorney
being of' the opinion that the pas-
tore of the parties involved in the
rezoning of the 4th & Bluff Street
are:1 is such that no area of com.
promise is likely and tile matter
i. now so framed that only action
by the Council can be of any signi-
ficance and according1y awaits
Council's further instruction, pre-
sentedand read. Conncilman Preg.
ler ,moved that the communication
be received and filed. Seconded
by Conncilman Thoms'. Carried liy
the following vote:
Ye8lS-Mayor Bitter, Conncilmen
Pregler, Thoms.
Nays-None.
Absent-Councilman Justmaou.
~listainec\.Councilman Mold en.
hauer.
R.N. Russo
City Attorney
Councilman Moldenhauer moved
approval of the recommendation.
Seconded liy Councilman Thoms.
Carried by the following vote:
Yeas-Mayor Bitter, Councilmen
Moldenhau.., Pregler, Thoms.
Nays-None.
Ahaent-Conncilman Justmann.
April 3, 1973
Honorable Mayor "nd City Council
On March 14, 19'13, Telemàhos
IIogas of 207 Dillon Street, this
city, filed claim against the City
of Dubuque in thé amount of $90.00
claiming damages to the ba&ement
of his home allegedly as the result
of a sewer backup.
This matter was rèferred to the
appropriate City Agency who has
made an investigation of said claim
and has advised this o!ñce liy let-
ter, ,dated March 28, 19'13, of no
,actionable negligence on the part
of 'the City and in view of the
fo""COini, it ,is the recommenda-
tiøD,of the 0iQ> Atú)rney tIIat said
claim be deDieci.
OrIIb>alcLaiID Ïareturned here.
with.
R. N. RuSllO
City Attorney
Conncilman Molden\tauer moved
approval of the recommendation.
Seconded by Councilman Thoms.
Yeas-Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thoms.
Nays--Noue.
Absent-Councilman Juøtmann.
April :I, 1973
Hoooralile Mayor ànd City Council
On January 28, 19'1S, Miss Vickie
Kruser, RR #1, Hazel Green, Wis-
consin, filed claim against the City
of Dubuque for damages allegedly
suffered as the result of sttiiing
a hole in Uie alley behind Stamp-
fer'. in the 800 Block of Main
Street which allegedly caused het'
muffler to be knocked off, the tail.
pipe to be knocked off,' and the
front end knocked out ,of align.
ment and claiming damages' as
R. N. Russo.
City Attorney
Councilman Moldenhauer moved
approval, of the recommendation.
Seconded by Councilman Thoms.
Carried by the following vote:
Yeas-,-Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thoms.
:N"Y6--'None.
Absent-Councilman Justmann.
Notice 01: Claim:of Helen M.
Kenneally in the amonnt of $30,-
000 forp..sonalinjuries received
'on ~Mareb 1ß,1973, as the result
,)11M< -
196
Adjourned Special Session, April 16, 1973
Notice of Claim of Donald Gross,
in the amount of $M.W, for car
damage incurred as the result of
operation of a snowplow at 1328
Jacloson St. on April 9, 1973, pre-
sented and read. Councilman Mol-
denhauer moved that the notice
of Claim lie referred to the City I
Attorney for proper action. Sec-
onded by Councilman Thoms. Car-
ried by the fallowing vote:
Yeas - Mayor Bitter, Council-
men Moldenhauer, Pregler, Thoms.
Nays~None.
~lisent-Councilman Justmann.
Proof of Puli]iCation, certified to
by the PUblisher, of notice of hear-
ing to amend Zoning Ordinance
No. 3-34 by repealing Section 1
of Article VA thereof and enact-
ing a new section 1 of Article
VA in lieu thereof, covering uses
in a Multiple Residence District,
Restaurants, cafes etc" and pro-
fessional uses, presented and read.
Councilman Moldenhauer moved
that the proof of pulilica-!ion lie
received and filed. Seconded liy
Mayor miter. Carried :by the fol-
lowing vote:
Yeas - Mayor Bitter, Coullcil-
men Moldenhauer, Pregler, Thoms.
Nay~None.
Absent-Councilman Justmann.
An Ordinance Amending Zoning
Ordinance No. 3-34 by repealing
Section L of Article VA thereof
and enacting a new section 1 of
Article VA in lieu thereof to per-
mit the location of a tavern in
a cafe or restaurant operating as
such at last three years prior
to effective date hereof, said Ordi-
nance having been previously pre-
sented and read at the Council
meetings of January 29, 1973,
March lJ!, 1973, presented for fi-
nal adoption. Councilman Thoms
moved that the Ordinance lie re-
ferred to the meeting of April z¡"d.
Seconded liy Councilman Pregler,
Carried hý the following vote:
Yeas - Mayor Bitter, Council.
men Moldenhauer, Pregler, Thoms.
Na,.s~None.
Absent-Cöuncilm.an Justmaoo.
Petition of Michael James Ryan
reques,ting that the liuilding at 7111
Bluff Street be declu'ed to have
historical and or architeetural sig-
nificance as under Subsection H
article 4, presented and read. Coun-
cilmsn Pregler moved that the
petition be referred to the Man-
ager and staff for investigation
and report. Seconded liy Council.
man Thoms. Carried liy the fol-
lowing vote:
Yeas - Mayor Bitter, Council.
men Moldenhauer, Pregler, Thoms.
Nays-None.
Ahsent-Councilman Justmann.
Petition of Duliuque Downtown
Assn.requesting permission to
sponsor a community Garage Sale
on May 5, 1973, presented and
read. Councilman Pregler moved
that the petition be approved snd
referred to the Manager. Seconded
by Councilman Thoms, Carried liy
the following vote:
Yeas - Mayor Bitter, COuncil-
men Moldenhauer, Pregler, Thoms,
Nays-None.
~lisent-Coullcilman Justmann,
Petition of C, D, WoI« request-
ing rezoning of LOt 2 of McMahon
Place located on the northeast cor-
ner of ,Glen Oak & Vernon Strèets
from Single to Two Family Clasa-
ifi.cation, presented and read. The
dIerk advised the Council that the
petition had been withdrawn liy
the petitioner. Councilman Preg-
ler moved that the petition lie re-
ceived and filed. Seconded liy
Councilman Thoms. Carried by the
following vote:
Yeas - Mayor Bitter, COuncil-
men Moldenhauer, Pregler, Thoms.
Nay~None.
Al:>sent-Councilman Justmailn.
Petition of Boy Scouts of Amer.
ica requesting the use of two City
dump trucks to he!p in their effort,
along with the Girl Scouts, in clean-
ing up parlœ, roadways, riverfront
etc. presented and read. Councii-
man Moldenhauer moved approval
of the petition and same lie re-
ferred to the City Manager. Sec.
onded liy Mayor Bitter. Carried
by the fallowing vote:
Yeas ~ Mayor Bitter, COuncil-
men Moldenhauer, Pregler, Thoms.
Nay......None.
AbSent-Councilman Ju.shnann.
Petition of Beta Sigma Phi So.
rority subínittinll a proclamation
and requesting that the 'Week of
Máy 14th to 20th he proc1aimed
Beta Sigma Phi week, presented
and read, CoUI1A!ilman Mol d e n.
Adjourned Special Session, April 16, 1973
hauer moved approval of the pe- We have carefully reviewed the
tition. Seconded by Ma)'Or Bitter. soil analysis and horing results
Carried by the following vote: with our consultants. We have
Yeao--Mayor Bitter, Councilmen come to the eonclusion that the
Moldenhauer, Pregler, Thoms. Smith property in question pre-
Nays-None. sented serious doulits regerding its
Alisent---Q)Unèilmatl Juøtmann. acceptability for use as a sanitary
landfil1 for the following reasons:
Petition of Lo~as Colleg~ ~tudent 1. The ,soil results indicate a
Senate requ,:sting perDllsslon to lower permeability and lack of stiff
conduct. a bike relay, on Sa.tur- clay cover over the Silurian Lime-
day Aprll 28th, sUliDlltting varIOus stone This would necessitate an
possWle rou~s, presented and e"pe~Slive sealing process to insure
read. Councilman Moldenhauer the protection of the underlying
moved approval of the pe!ition sub. limestone aquifer.
jeet to approval of the CIty Mana- 2. The water tàble on the pro.
ger ,and Police, Department. Se. perty 'was higher than anticipated.
conded by M;ayor Bitter. Carried While the site could lie engineered,
by the folloWIng vote: this does decrease the amount of
Yeas-Mayor Bitter, Councilmen usable earth.
Moldenhauer, P,regler, Thoms. These two elements raise serious
NaY~None. . questions, and it Is doubtful that
J\lisent-Councllman Justmann. a State permit for the operation
Petition of Thompson's Food of. a sanitary .I~ could be 00-
Market aœ W. 5th Street request- tame~ on this sIte. , , .
ing refund of $56 25 on the unex- It IS our recommend~tion that
pired portion of Cia.s C Beer Per- the, City of Duliuque withdraw !ts
mit No. 0309 as they have dlscon- option for purchase of the Sn,uth
tinned liusine... on April 1, 1673, pro.perty and pursue other SItes
presented and read. Councilman which ma,: lie more acceptàble.
Moldenhauer moved that the reo G!1liert D. Cbavenelle
fund be granted and the Auditor CIty Manager
issue proper warrant. Seconded by Councilman Pregler moved that
Mayor Bitter. Carried by the fol- the communication be received and
loWing vote: and filed. Seconded liy Council-
Yeas-Mayor Bitter, Councilmen man Thoms. Carried by the fol-
Mol<Ìellhauer, Pregler, Thoms. loWing vote:
NaY~None. Yeas~Mayor Bitter, Councilmen
J\lisent-Councilman Justmann. Moldenhauer, Pregler, Thoms.
Petition of Citizens. against Du- ~:::~~~ilman Justmllml.
buque Landfil requestil1g the Coun-
cil to reconsider their selection Communication, of Richard Worm
of the proposed landfil1 on the .xtending an invitation to ,attend
Leonard T. Smith farm, containing the showing of two films at Hemp.
approx. 2500 signatures, presented stead High School called "Waste
and read. Councilman Pre g I e r Away" and the "The Great All-
moved that the petition be receiv- American Trash Can" which could
ed and flied. Seconded liy Conn- be of great interest realizing that
cilman Thoms. Carried by the fol- theCitý has á landfill prolilem
lowing vote: aiso their limited success of the
Yeas-Mayor .Bitter, Councilmen newspaper recycling prolilem, and
Moldellhauer, Pregler, Thoms. the City should be getting ready
Nay~None. to undertaking a pro/Ì1'am far the
Ahsent-Councilman Justmann. recycling of all solid 'wastes, pre.
April lJ!, 1973 ~::te:o~~~ r~~i ~~~"::;:Z~:
To the Honorable Mayor tion lie received and filed. Second-
and City Counèil ed 'liy CoUncilman Thoms. Carried
We areWtiting to discuss with by the following vote:
you the mat!et of the proposed Yeás=Maÿôt Sitter, Councilmen
SaI1Ítáfÿ láìidfill site on the Leo- Mold/;l1hatief, Pfl;j¡ler, Thi) Ds.
n.rd T. Smith property in Dubu- NaY~None.
qtie Countý. Absent-Councilman Justmann"
197
198
Adjouined Special Session, April 16, 1973
Petition of Peoples Natural Gas
requesting permisaion to excavate
at '2058' Lincoln Ave.,presellted
and read. COuncilman ,P reg I e r
movedat'Proval of the petition.
Seconded by Councilman MOlden-
hauer. Carried by the following
vote:
, Yeas-Mayor Bitter, counci1Jnen
Moldenhauer, Pregler, Thoms.
Nays-None.
Absent.-Oounellman Justmano.
petition of Tho Duliuque Bible
Church requesting permission to
conduct evangelistic meetings in
\be Downtown area, 'such "" Wash-
ington Park, d~ ,thepertod of
May 6th to 13th" presented and
reád. Councilman Pregler moved
that the petitioø be referred to
the p""kBoard. SecOndedÞY Coun-
cilman Moldenhauer. Carried liy
thefollDwing "ate:
Yeas-Mayor Bitter, Councilmen
Moldenhauer, Pregler, ThoJJl6.
Nays.--.None.
Absent.--.Councllman Justmann.
Petition of William P. Heitzman
of the Jaycee City Hall Renovation
Committee, reques1ing -permission
to address \he Còuncil to unveil
\be results of a study conducted
liy \he, Jaycees concerning the
bouaing of City -Government, pre.
sented and sea!!. -Mr. Wm. Heitz-
man sulimitted a comprehen6ive
prQPOSal relative to the possilile
purchase of \he Medical AesO!'iates
property at 1200 Main St, ,Each
Councilman was presented a de.
tailed sketch showing a layout de-
tail of all the Oity offices and
how they would fit Into the)(edi-
cal Associates building;
,Proof of Publica1ion, certified to
liy the pu.lili<lher, and certified mail
receipt, of notice of public hear-
inC to consider the City Manager's
report of d~pïdated buildings at
576-82 Avon Stre<:t, located on I.,ot
7 of M. ,A. M<:Paniel's Su!>. OWIIed
liY Mrs. Margaret Steic;ben, pre-
sented and read. Councilman Preg-
ler mo\'ed ,that the proof of pub-
lication and ,wtified mall receipt
ber~vedand filed. Seconded
by Couneilnw1 Moldenhauer. Car.
lied liy the foUøwing vote:
Yeas-Mayor -Jlitter, Councilmen
Moldenhauer, Pt'eIier, Thoms.
Nays-None.
Absent.--.Councilman JustmllllÙ.
..-" -"
'Mrs. MargaretSteiehen address-
ed the Council and requested -two
more weeks to solve her proIilems
on the properly. The request was
granted.
(I. !SOLUT.IØN MO. lU,73
WHEREAS the City Manager ha,s
reported to \he City Council that
the liulldings and premises located
on Lot 7 of M.A. McDalÙeI.s Snh.
division in the City of Dnhuque,
Duliuque County, 'Iowa, ""edange.
rous to life and health because
of tb!>ir condition and that demand
bas lieen made by!ÛQl upon Mrs.
Margaret Steichen, ~_Wblte
Street, Dubuque, Iowa; as owner
of said propertythattb!>, condition
complain..ed of be eorrected and
that said owner bas 'failed to cor.
rect the conditions within the time
providedliy the notice; and,
WH¡;mEAS on Marc;b ~z, 1973,
the Clity Counei1 set said report
down 1M bearing at 7:90 o'clock
P .M.Central Standard Time April
9, 1973, in the City COw¡cilCham-
ber in the City Hall in the City
of 'Dutiuque,Dubuque County, 10'
wa, ,and directed the ,City Clerk
to give notice of said -hearine;
and,
WHEREAS it appears liy røturn
of _vice now on file ,in -the -re.
cords of the CityCounèil -tIIa-t no-
tice of said bearil!lwas pen
liy servÏl!i by~red Mail on
March 16, 1973, and liy pnhlication
in the Teiegt'apb -Herald-a.
peron Mardi 16, 18'1S,anj\,
WHEREAS pursuant 'to said no-
tice on order of \he City Council
a public hearin¡l w.., caned 'at
7:90 o'clock P:M. Central Standard
Time on April 9;1973, ,and duly
adjQUrnedto meeting of April 16,
1973, in the City COuncil Chamber
in the City Hall in the City of
Duliuque, Iowa, at whid1 "time 'the
owner of the ahove deseril>ed real
estate were.,atforded .,.opportuit"i.
ty to be heard and witDl!sees -con-
cerning the condition of 'the -pro-
perty and the ha~ard was heard;
and,
WHEREAS the COuncil bas <iu1Y
consi~red the tesUIIIOJ»' Of ,the
witnesses...d viewed the "pre~es
and has rDebed ItslleWr,lIIIna1ioa.
NOW, TBEBEFORE,"BElT_-
SOLVED BY 'I1IE CITY,œtJNCIL
Adjourned Special Session, April 16, 1973 199
CITY, OF DUBUQUE, I port of deiapidated h\IÏldin.gs .t
446 E. li4th Street, located on Lot
2 of Lot 1.92 East Dubuque, Addu.
owne4 liyTimothy B. &, Lula M.
Sargent, presented and read. Coull-
eilmanPr.,gler moved that the
proof of pulilicatioa a:nd ~ertified
mail receipt be røce!Ved and filed.
Secoadedby QÌImcilman Molden-
hauer. Carried Ii)' the following
vote:
Yeas-Ma~. Bitter, Còundllilen
Moldeob'auer, Pregler, Tho.......
Nays-None.
Absent-<:ouDcilmàÞ, Justmamt
RESOLÚTKHt' Nb. 1~Jì
WHEIiEAs the City Manager has
reported tô the City COuncil tIIa:t
the ,buiJ¡ting...d' prelllÚesioeated
on I.,ot 2 Of SubdiVision. 192 East
Dubuque Addition in the City of
D"liuqU!', Dubuque CountY,Iówa,
lite dÍUlgeto11sto, "life ¡ind health
because of their' condition and that
dema:nd' bas been made by liim
upon, Timothy B. and' Lull' 14; Sar;
gent,: R:R.#Z",D1ìbuque; Iowa, U
owners of said' proPerty tIIat the
condition compla,iJled of he correct-
ed and' that said owner has failed
tocorre~t the CQllditiomf witllin
the time provided" by thellotice;
and, '
WHEREAS on March 12, 1973,
We CitY CòunCiI" , set said reøøn
down for hearing at, 1:30 o'clock
P;M. Oe"tral Standard Time April
9" 1973, in the City ,CoÌlœIl Cham'
ber in the ,City Hall ill the City
of Duliuque, Dubuque County, i0-
wa:, and ditêcted the City Clerk
to give notiœ' of said hearing;
md,
WHERE;\S it appear" liy return
of _vice now on, file in tile re-
cords of the City Council that n0-
tice of said hearin¡l "was given
by serving by Regtstêred Mail on
March 16, 1973 and hy publication
in the Telegraph Herald newspap-
er on March 16, 1S72, md,
WHEREAS pùr.ua:nt to said no-
tice on- order of the' City COuncil
a puliUc heal'Úlll "'liS, called at
7:30 o'clock PJII:. Central Standard
Time on April 9, lS'/3, and duly
adjourned to meeting of April 16,
1973 in the City COul1êll Chamlier
in the City Hall in the-City, of
Duliuque, Iowa, at whieh time the
owners of- the above, described resl
OF THE
IOWA-;
Section 1. That the struetures
known as 576-582 Avoa Stl-eet, Lot
7 of M.A. MèDlllliels Suliclivision
in the,City of Dubuque, Dubuque
County,IOwa,. ,be and: the same
ar-e hepeby found and declared to
be d_erou8 to life, health and
p1'<JPOl1¥ and & n1Ûsance;
Ssotloll' 2. That the City Ma:nager
be ""d he is hereby- authorized
and, cfu<ec1l!d ,to cause- the structure
ImIfWn as' 57O-a13 Avon Street, I.,ot
7- of MeA. MèDallieis Sulidivisløn
in the City of Dubuque" DuIiu<iue
County; Iowa,. to Ii.. clismanUed
and, reII1o¥ed.
SftfI..,S; '11Iat,"u¡IØII. <!Ompløtion
of said work, the: Oity Jd'anagêi'
shall certify the eoat 'tbetiof to the
City. ~;-
SeotIon 4. That - receipt, of
said COI'tificate of oost ffom' the
City Hanager"tbeCity Clerk shs,li
thereupon eerti.fy saidco$t to the
County Auditor of Du!>uque County,
Iowa,' and, it shall be collected
with and mille same manner ...
¡eneral property taxes.
SeotI.. 5. That the City Clerk
be and ill, hereliy directed to reeord
a certified COp; ' of this Resolution
in' the ,office of the COunty'Recorder
of 'Dubuque County, 101\>...
Pa8iled', adòpted, and approved
this 18th' day of A9ril, - 1973.
Josepb J.Sitter
Mayor
Wi1ter A. Pl'egier
AlIa:n T. Thom.
Wayne A. Moldenhauer
CCilmdimen
A'l'TEST:
Leo, F; Foommelt
Ci4' Clerk
CoUllcl1Dlan Thomsmo¥ed adOp'
tiOIl <if! tIle resolution and that the
a:dv<ÌttiùllMOnt few bida &lr demoli-
tion of' tIle b1llldillfs not lie d<llle
for t\wo '""" from tliis date. Se-
eondl!d by Counci1lnan' Moldenhau-
er: Öirriëd b1ltlfe fòlfowiøg vote:
y.,.....M.yor Bttter,COuncilmen
MoMðIlIUluer;Pregler, Thoms.
Noys-Noað.
AIistIøt--Counci1n\aD JWltmann.
Proot of. 'Puldication¡ certified to
by the Publisher, andcenüied mail
.ec8i.pt,of Mlice 01, pulille hearin¡l
to consider the City Manager's re-
200
Adjourned Special Session, April 16, 1973
estate were afferded an opportun-
ity to be heard and witnesses con.
oorning the condition of the pro-
perty and the hazard was heard;
and,
WH¡;:RE;,\S the Co1mcil lias duly
collsidered the testimony of the
wltoe...s ;¡nd viewed the premises
and \las reached its determination.
NOW, THEREFORE, BE IT RE-
SO~VED BY THE CI,TY COUNCIL
OF THE OITY OF DUBUQUE,
lOW;\':
Sect,on 1. ':\'lIat ~ structures
!mown as 4.f6 East 14th Street,
Lot 2 \If SUbcli.~OIl In, E~st Du-
buque Additi,on to the City of Du-
\luque, Dul¡\Ique County, Iowa, lie
and the same are hereliY Í\lund
and declared to lie dangeroU$ to
life, lIealth and property and a
nuis8 ICe;
S..tion 2. 'n>at the CiQ' M8I1ager
be and he is herebY aut\1Orized
8I1d directed to Ca\!Be the slrl1cture
k!1own as 4.f6 East 14th Street,
Lot 2 of Subdh'isiol1 1S2, East Du.
liuque Additi,oll in the City of Du-
liUqUe, I¡uliuque County, Iowa, to
be cjismantled and removed.
$ection 3. That UpOI1 completion
of said ",ork, the City Manager
shall certify the cost thereof to
tIle CiQ' Clerk.
$ectiOA 4. That IJpoIl receipt of
said certificate of cost from the
CitY Jl!anager, libeCiQ' Clerk shaH
tIlereuPOII ~fy saÏ!I cost to the
CouIIt¡¡- A1¡cjitor of Dubqque COun.-
ty, IOWa, and il shall lie collected
With and in the Same manner as
g~lIeral property ta~es.
Section 5. That the City Clerk
be and is hereliy directed to record
a certified copy of this Resolution
in th,e office of the County Record.
er of Duliuque County, IOwa.
Pas~, adopted ;¡nd approved
this 16th !lay of April, 1973.
Joseph J. Bitter
Ma~r
Walter ;\. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
Co1lnci1men
ATrEST:
LØo F, Frolllmelt
City CIeri<
Co1lncilman Thoms moved adop.
tion of the resalutiol\. Seconded
liyCounctiman Moldènhauer. Car.
ried liy the following vote:
Yeas-Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thoms.
Nays-None.
Absent-Councilman Justmann.
Proof of Pulilication, C1!rtified to
by the Pulilisher, and certified mail
rèceipl, of notice of pulilic hearing
to conMder the City Manager's re-
port of delapidated liuildings at
1637 Iowa Street, located on the
SOuth J,!, of Ea&t \jo of City Lot
'NØ, owned liy John A. Nagle, pre-
sented and read. Councilman Pre-
gler moved that the proof of puli.
lieatioa be received and filed. Se-
conded liy Councilman Moldenhau-
er. Carried by the followiag vote:
Yeas-.-Mayer Bitter, Coual'ilmen
Moldentlauer, Pregler, Thoms.
NaY&-!il(QH!.
Absent..Oouncilman J\lstJnann.
Attorney Michael Coyle addre$S'
ed the Council by stating that Mr.
A.-thur Nagel is in the process
of securing the l¡uildi¡¡g. Attorney
Francis O'Connor stated that the
Nagle property is to be used only
for a single family home, as stated
in a covenant, which he showed
to the Council. However later on
the covenant was amended and
recited to read for a two family
home. This eovenant is not a mat-
ter of public record, but it was
drawn UP lietw- the owners of
the Nagel prOperty alld the pro-
perty now owned by the Hoffmann
Mortuary.
Mr, Art Nagel state!l that if the
covenant lIe1d it would not lie worth
it to develop and restore the Nagle
property for single Or even two
family use.
RESOLUTION "0. 121.73
WHEREAS the City Manager bas
reported to the qity Council that
tile liuildinis and premisee loealed
on the South J,!, of East J,!, of
the 'City Lot 748 in Ü!e City of
Duliuque, I>uliuque Co1ll!ty, Io-wa,
are 118I1gerouS to life alld health
because of their con<!iti<111 ...<1 thaI
dem8l1d has beOl\ made liy him
upon John A. Nagle, Canfield !i<>t.
el 36 West 4th Street, nuliuque,
IoWa, as ow.er of said i\!'OPWty
that the conditåon complained of
he correeted and that said owner
has failed to' eorrect the condi.
tions within the time provided hy
the notice; and,
Adjourned Special Session, April 16, 1973
,'WHEIliEASon Mareh 12, 1m, Section 4. That upon receipt of
the City Council set said report said certificate of cost from the
doWII for hearing at 7:30 o'clock City Manager, the City Clerk shall
PM. Central Standard TIme April therelJpon certify oaid cost to the
9, 1m, in the City Council Cham- County Auditor of Duliuque County,
bet in the' City Hall in the City Iowa, and it shall be collected
of Dubuque, Duliuque County, 10- with and in the same, ma"""" as
wà; and dirèeted the City Clerk general property tans.
to give notice of said hearing; Section S. That the City Clerk
and, be and is hereby directed to record
WHEREAs It appears liy return a certified copy of this Resolution
of service now on file in the records in the office of the County Re.
of the City CoùnCil that notice corder of Dubuque County IOwa,
of said hearing was given hy servo Passed adopted and a~ro"ed
iDg liy Registered Mail on March this 18th day of April 1m
18, 1J73, IJId by pulilication In the Joseph J;' BlttI.r .
TelOflJ'8ph Herald newspaper 0 n Mayor
March 18, 1973, aad. Walter A. Pregler
WHERE;\S pursuant to said no- Allan T. Thoms
tice on order of the CiQ' CoùnCil Wayne A; Moldenhauer
a public hearing was held at 7:30 CoUDcilmen,
o'eiockp;lI1. Celìtral "Standard ATl'EST:
TIme on April 9, 19'III' and duly Leo F. Frommelt
adjd1Írned to the lI1eeöng of April City Clerk
16, 11!7ß in ~City œ~ Cha!'l- Co1lllCilman Moldenhauer moved
ber m the City Hall m .the City adoption of the r_Iution but - to
of Dubuque, Iowa, at which time withhold receipt of dell1olition liids
the owner of the above deacribed for thirty days. SecOnded by May.
real estate were afforded. an op- or Bitter. Carried by the following
portunit.y to be hear~ and Wltoesses vote:
eoncernmg the condition of the pro- Yeas-Mayor Bitter, Councilmen
perty and the hazard was heard; Moldenhauer, Pregler, Thoms.
and, . NayS-None.
~EREAS the Co~cil h.. duly Absent-Councilman Justtnann.
consIdered the testimony of the
witnesses and viewed the premises Proof of pulilication, certified to
and has reached its determination. by the Pulilisher, and ce.-tified mail
NOW TIIEaEFORE BE IT RE- reeeipt, of notice of pulilic hearing
SOLVED BY '11lΠCITY COUNCIL to consider the City Manager's re-
OF THE CITY OF DUBUQUE, port of de1apidated liuildings at
IOWA: 544-60 Avon Street, owned liy Jam.
Section 1. That the structures es W. & Catherine W'mall~ located
known as 1637 IOw,a Street and on Lot 8 of M. A. McDame!s; Sub.
located on the South J,!, of East presented and read. Councilman
J,!, of City Lot 746 in the City Pr~ler. moved tha.t the proof of
of Dubuque, Dubuque County, 10- pulilication ,be re...."ed and filed.
wa, be and the oame are hereby Seconded by: CouncJlman Mol~.
found and declared to be dangerous hauer. CarrIed liy the followmg
to ,ll!e, health and property and v°i"~"-M yo Bitter Councilmen
an",sance' a r ,
Sa i 2., Tht th City M Moldenhauer, Pregler, Thoms.
ct on a e an.a. Nays-None.
ger be a~d he is hereby authonz- Absent-Councilman Justmann.
ed and directed to cause the struc-
ture known ae 1637 Iowa Street RESOLUTION No. 122-73
and located on the SOuth J,!, of WHEREAS the City Manager has
East J,!, of City Lot 746 In the reported' to the City CoùnCil thai
City of Duliuque, Dubuque County, the liuildings and premises located
IOWa, to be disman,tled and re- on Lot 8 of M.A. McDaniels SuIi-
moved. division in the City of Dubuque
Section 3. That upon completion County, Iowa, are dangerous to
of said wort the City Manager lile and health betause of their
shall certify 'the COst thereof to condition and that demand has
the City Clerk. been made liy him upon James
201
W. Winall, 632 Chestnut Street, Du-
buque, Iowa, as owner of said
property that the condition com-
plained of be corrected and that
said owner haa failed to correct
the conditions within the time
provided liy the notice; and,
WHEREAS on Mareh 12, 1973
the City Council set said report
down for bearing at 7:30 o'clock i
P oM. Central Standard Time April
9, 197ß, in the City Council Cham-
ber in the City of Duliuque, Du.
buque County, Iowa, and directed
the City Clerk to give notice of
said hearing and
WHERE;\s it 'appears by return
of service now on file in the records
of the Ci!y Council that notice
of said hearing was liven by serv-
ing liy Regis- Mail on March
16, 1973, and liy pulilication in the
Telegraph Herald newspaper on
March 16, 1973, and,
WHEREAS pursuant to said ""-
lice on order of the City Council
a pulili.c bearing was called at
7:30 o'ctock P.M. Central Standard
Time on April 9, 1973, and duly
adjourned to the meeting of April
16, 1B73 in the City Council Cham.
ber in the City Hall in the City
of Duliuque, Iowa, at whicb time
the owner of the ahove described
real estate were afforded an op-
portunlty to he beard and witnesses
concerning the condition of the pro.
perty and the hazard was beard;
and,
WIIERE;\S the Council has duly
comrldered the testimony of 1i1e
witnesses and viewed the premises
and bas reached Its determination.
NOW, THEREFORE, BE IT RE-
SOLVEÐ BY mE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOW;\:
Section 1. That the structures
known as 544~O Avon Street, Lot
8 of M. A. McDaniels Sulidivision
in the City of Duliuque, Duliuque
County, Iowa, lie and the same
are hereliy found and declared to
be dangerous to" life, bealth and
property and a nuisance;
Section 2. That the City Mana-
ger be and he is bereliy authorized
and directed to cause the structure
known as 544-560 Avon Street, Lot
8 of M.A. McDaniels Subdivision
in the City of Duliuque, Duliuque
County, Iowa, to be dismantled
and removed,
Adjourned Special Session, April 16, 1973
Section 3. That upon completion
of said work, the City Manager
shall certify the cost thereof to
the City Clerk.
Section 4. That upon receiPt of
said certificate of cost from the
City Manager, the City Clerk shall
therenpon certify said cost to the
County Auditor of Duliuque Coun.
ty, Iowa, and it shaJi be collected
with and in the same manner as
general property taxes.
Section 5. That the City Clerk
be and is hereby directed to record
a certified copy of this Resolution
in the offiee of the County Record-
er of Duliuque County, Iowa.
Passed, adopted and approved
this 16th day of April 1973.
Joseph J. Bitter
Mayor
Walter A. hegler
AYan T. Thoms
Wayne A. MoldeDhauer
Councilmen
ATIEST:
Leo F. Frommelt
City Clerk
Councilman Moldenhaner moved
adoption of the resolution. Second-
ed liy Mayor Bitter Carried by
the following vote:
Yeas-Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thoms.
Nays-None.
Absent..Conncilman Justmann.
RESOLUTION No. 123.73
WHE"RE;\S, plat dated February
20, 1973, prepared liy Bartels,
McMahan, LeMay & Haas Engin-
eering Co. covering Lot 86 A,
Wood's Addition; and the Eaoterly
19,96 feet of Lot 97 A, Wood's
Addition; and Original Uuion Av-
nue lying on th southerly side
of Lot 86, Wood's Addition and
on the snutherly side of the Eas-
terly 19.96 feet of Lot 87, Wood's
Addition, southerly to the existing
northerly street line of Kirkwood
Street; each of the a'liove tieing
in the City of Duliuque Iowa, here-
inafter known and tieing a part
of Lot 2 of "John J. Breitlil eb
Place" in the City of Duliuque,
Iowa; and
WHEREAS, said plat conforms
to the la,ws and statutes pertain.
ing thereto;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
2D2
Adjourned Special Session, April 16, 1973
203
Section I. That the plat dated
February 211, 19'/3, prepared liy
Bartels, McMahan, LeMay & Haas
Engineering Co., engineering com-
pany, covering the real estate here-
inabove described, be and the same
is hereby approved and that the
Mayor and City Clerk of the City
of Dubuque, Iowa lie and they
are herliy authorized and direct-
ed to execute said plat for and
on behalf of the City of Duhuque,
Iowa.
Section 2. That the City Clerk
lie and he is hereby authorized
and directed to file said plat and
this Resolution in the office of
the Recorder in and for Dubuqne
County, Iowa.
Passed, approved and adopred
this 16th day of April 1973,
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T, Thoms
Wayoe A. Moldenhauer
Councilmen
ATIEST;
Leo F. Frommelt
City Clerk
Councilman Moldenhauer moved
adoption of the resolution. Second-
ed by Mayor Bitter. Carried liy
the foßowing vote;
Yeas-Mayor Bitrer, Councilmen
Moldenhauer, Pregler, Thoms.
Nays-NOne.
Absent..Councilman Justmann.
Proof of Pulilication, certified to
liy the Publisher, of notice of public
hearing to dispose of interest in
Lot 86A and the Ely 19.96' of Lot
fIlA of Woods Addn. and that parcel
or real estate aliutting Lot 86, and
the Ely 19.96' of Lot 87, tieing
a parcel 30.92' at its easrerly houn.
dary, being 7[.:11' at its Nly lioun-
dary, tieing 34.7[' at its westerly
houndary and 71.86' at its south-
erly lioundary to Nelson P. & Ra-
mona R. Klavitter, presented and
read.
No written objections were filed
and no oral objectors were present
in the Council Chambers at the
time set for the puli1ic hearing.
Councilman Moldenhauer m 0 v e d
that the proof of pnlilication be
received and filed. Seconded liy
Mayor Bitrer, Carried by the fol-
lowing vate:
Yeas-Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thoms.
Nays-None.
Absent..Councilman Justmann.
RESOLUTION NO. 124-73
WHEREAS, pursuant to Resolu.
tion of publisbed notice of time
and place of hearing pulilished in
the Telegraph-Herald, a newspaper
of general circulation published in
the City of Dubuque, Iowa on
March 16, 1973 and March 2:1, 1973,
City Council of City of Dubuque,
Iowa, met on the 9th day of April,
1973 at 7:30 o'clock P,M. (Central
Standard Time) in the City COun-
cil Chambers, City Hall, Duliuque,
Iowa to consider the proposal to
dispose of interest of the City of
Dubuque, Iowa of Iwo parcels of
real estate, hereinafter described,
to Nelson P. Klavitter and Ramona
R. Klavitter, husliand and wife,
as joint tenants; and
WHERE;\S, City Council of Du-
buque, Iowa overruled any and
all objections, oral or written, to
the proposal to dispose of interest
of City of Duliuque, Iowa, in the
aliove described real estate to Nel-
son P. Klavitter and Ramona R.
Klavitter, husband and wife, as
joint tenants:
NOW THERE'FOBE BE IT RE-
SOLVÐD BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section I. That the disposal of
interest of City of Dubuque, Iowa
in the following described parcel
of real estate, to-wit:
Lot 86A and the ea&terly 19.96
feet of Lot 97"" of Wood's Addi-
tion, in ,the City of Dubuque, Iowa,
to Nelson p, Klavitter and Ramona
R. Klavitter, husband and wife,
as joint tenants for the purchase
price of $50.00 together with costs
of pulilication, be and the s'ame
is hereliy approved.
Section 2. That the disposal of
interest of City of Dubuque, Iowa
in the following descrilied parcel
of real estate, to-wit:
That parcel of real estate aliut.
ling Lot 86 in oWod"s Addition
in the City of Dubuque, Iowa,
and the easterly 19.96 feet of
Lot 87 of Wood's Addition tieing
a parcel 30.92 feet at its ea&terly
houndary, being 7[.31 feet at its
204
northerly boundary, betug 34.71
feet at its westerly houndery and
71.86 feet at its southerly boun-
dary
to Nelson P. Klavitter and Ramona
R. Klavitter, husbnd and wife, as I
joint tenants for the purcbase price
of $50.00, together with costs of
publication, be and the same Is
hereby approved.
Section 3. That the City Cl..-k
be and he is bereby authorized
and directed to deliver deed of
conveyance conveying said two
parcels of real estate, which have
been platted and are noW part
of Lot 2 of "John J. Breithach
Place" in the City of Duliuque,
Iowa, to NeJoon P. Klavitter and
Ramona R. Klavitter, husliand and
wife, as joint tenants, upon receipt
of the purchase price of $50.00
for each parcel of rea:l estate, to-
gether with costs of pulilication
and that no alistract will lie fur-
nished.
Section 4. That the City Clerk
lie and be Is hereliy authorized
and directed to record a certified
copy of this Resolution in the Of-
fiee of the Duliuqe County Record-
er.
Passed, approved and adopted
this 16th day of April, 19'13.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldeubauer
COuncilmen
ATfEST:
Leo F. Frommelt
City Clerk
Councilman Moldenhauer moved
adoption of the resolu1ion. Second.
ed liy Mayor Bitter. Carried liy
the following vote:
Yeas-Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thoms.
Nays-None.
Absent-COuncilman Justmann.
Proof of pulilication certified to
liy the pulilisher, of Notice of Sale
of project Noœs in the amouut of
$1,74<1,000. first series 1979, Matur.
ity Novemlier 2, 19'13, notes to
lie dated May 1; 1973, for Utlian
Renewa:l, pre_ted and read.
No written ob eetions were filed
and no oral olijeetors were present
Adjourned SpeciaJ Session, April 16, 1973
in the Cbamlier at the time set
for the pnhlic heariDe.
Councilman Pregler moved that
the proof of publication he received
and filed. Seconded by Councilman
Moldenhauer. Carried liy the foil.
owing vote:
Yeas-Mayor Bitter, COuncilmen
Moldenhauer, 'Pregler, Thoms.
Nays-None.
Alisent-Oouncilman Justmaon.
RESOLUTION NO. 125.73
Authorizing the lale, Issuan.. and
delivery of protect notes In the
a"r..ate principal amount of
$1,741,000 ancl the execution of r.
quisition agreement no. 1.73 in con.
nectlon with the Downtown Urban
R_al ProJect, ProJect No. Iowa
R.15
WKERE;\S, the City of Dubuque
(herein called the "Loeal Issuing
Agency") bas entered into one or
more contracts (wbieh, together
with any oupp1ements thereto or
amendments or waivers of any
provisions thereOf, are herein cali.
ed the "Contraet") with the United
States of America (berein eaned
the "Government") providing for
a loan liy the Government to the
Loeal wuing Agency fœ- financing
the urban renewal, low.rent boWl-
tug or redevelopment proje8t(I) de.
serilied in the Contract and herein
called the "Projeet"; aDd
WHEREAS, pursuant to adver.
tisement for the receipt of pr0po-
sals for the purchase of the FIrst
Series 19'13 of Project Notes (here-
in sometimes called "New Project
Notes") of the LoeollssuinC Agen.
cy aggregating $1,74<1,000 wlrle\l -ap
peared in a Notice of Sale pub-
lished on March 20, 19'13, a 11 d
M,arch 27, 1973, in the Telegraph
Herald in the City of Duliuque,
Iowa, and in The Daily Bond Buyer
in the City of New York, N-
York, proposals for the purchase
of the New Project Notes in the
form approved by the Loeal is-
suing Agency were received, open-
ed, and canvassed at the time
and place meutioi1ed in said ad.
vertisement, to wit: at Council
Chambers, City Hall, 13th and IOwa
in the City of Dubuque, IOwa ,5œIIl
at one o'clock P.M. E.S.T; on
April 3, 1973,wbleh proposals are
as follows:
Adjourned Special Session, April 16, 1973
205
Nome of Bidder, Interest Rate,
_P""".a Amount, Premium
First N81iònal City Bank of New
, YOI'k, 3.98%, $l,-7o4!1,OOO, $75.00
Continental Illinois National. Bank
and Trust Company of Chtcago,
3.86%, $1,'Nil,OOO, No Premium
Salon>im Brofhers, Morgan Guaran-
ty Trust Co. of N- York, 3.99%,
$1,7401,000, $74.00
Cbemieal. Bank, First Na1ional
Ba!>k of ChIcago, John Nuveeo
& Company, 4.04%, $1,7401,000,
$2.00
first Nation8'i Bank in Dallas,
4.67%, $1,7401,000, $2.00
Pittsburgh Nation,al Bank, 4.08%,
$1,74<1,000, $7'1.00
first National Bank of Boston,
'Lehman Brothers, Inc., 4.14%,
$1,7411,000, $15.00
Bank of America N.T. '" S.A.,
BaRkera Trust Company, 4.44%,
$1,7411,000, $75.00
NOWmEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE:
Section 1. The aforesaid pulilica-
tion of the Notice of Sale and
the'form and contents thereof as
so pulilished are hereby, in all
respects, approved, ratified and
confirmed.
Section 2. In order to provide
funds to pay expe....s incurred
or to lie incurred in the develop-
ment of the Project, or to refund,
renew or eJOtend its outstanding
Notes Issued in connection there-
with, the Local Issuing Agency
hereby determines to liorrow the
sum of One llilIion Seven Hun-
dred Forty One Thousand Dollars
($1,7401,000) and issue Its nego1iàlile
-Project Notes therefor.
Seétlèn 3. The Local Iàsuing
Agency herel>y ratifies and ap.
N"ovesthe form of each proposal
hereil>aiter in this Section 3 enu.
merated for the purch.... of the
designated principal amount of
Notes allli determines that each
such proposal offers to purchase
~ such 'Notes at the lowest interest
ratealld is therefore accepted, and
said Notes are hereliy awarded
to the purchaser, as follows:
Principal Amount,$1,M,OOO, In-
terest - Rate, 11.96", Purchaser,
first National City Bank of New
York.
Section 4. Eaeh Note shall lie
dated May 1, 1973, shall be payable
as to hoth principal and interest
to liearer, on November 2, 1973,
and, pursuant to each proposal for
the purchase of said Notes herein.
above accepted, shall bear the rate
of interest per annum, payàlile at
matu.rity; shall bear the numhers
and be in the denominations; and
shall be payalile as to hoth princi-
pal and interest a,t the incorporated
liank having trust powers or in-
corporated trust company, as fol.
loW!!:
Purcha..r: First National City
Bank of New York. N"mbers HI,
Denominations $100,000; Numbers
4-00, Denominationl $25,000;
Number 61, Denomination $10,-
000; Number &2, Denomination
$5,000; Number 88, Denomina.
tlon, $1,000; Interest Rate lor
all 3.96%; Payable d FirstNa-
tioual City B..- of New York
None of such Notes shall he va-
lid until after the lianll: or trust
company at which it is payalile
shall have signed the agreement,
appearing on each Note, to ad
as paying agent thereof. Each such
Note shall lie executed in the name
of the Local Issuing Agency liy
the manual or facsimile signature
of the M'ayor and City Treasurer
of the Local Issuing Ageney and
shall have the corporate seal of
the Local Issuing Agency Impress.
ed, imprinted or reproduced there-
on and attested liy the City Clerk,
and said oUlcers are hereby au-
thorized and directed to cause said
Notes to be properly executed.
Section 5. Each such Note shall
be in substantially the form of
IIUD-900.0, which Is incorporated
herein by roference, and aI1all lie
secured liy an agreement entitled
"'Requisition Agreement No. 1-73"
(herein called the "Requisition
Agreement"), in substantially the
form of HUD-9003, which Is incw-
porated berein liy reference, to
be entered into between the Local
Ia6ulng Agency and the Govern-
ment.
SectIon 6. The Requisition Agree-
ment shall be executed in the
IWIme of the Loea:l ¡'¡sulng Agency
by the lIIanuai or facsimile -signa-
ture of the Mayor of the Local
,Issuing Agency and shall have the
corporate seal of the Local Is-
206 Adjourned Special Session, April 16, 1973
suing Agency impressed, imprinted mit therewith (a) tIae N- Pro eeot
or reproduced thereon and attested Notes for which tbe addreslee is
liy the City Clerk, and said om- the paying agent for delivery and
cers are hereliy authorized and payment and (II) a signature cer-
directed to cause the Requisition tificate and receipt, in accordance
Agreement to lie properly execut- with the terms of said letter, and
ed. to take sucla other ""lions as may
Section 7. For the puoctual pay- lie required to complete the de-
ment of the principà! of and in- livery transaction in accordance
terest on the New Project Notes, with th~ terms of the letter to
the Local Issuing Agency hereliy the paying agent.
expressly and lrrevoca~1!y promiaes Passed, approved, and adopted
to pay any sums which may lie this 16th day of April, 1973.
received from fhe. C!<>,vernment pur- Joseph J. Bitter
suant to the Reqws>tion Agreement Mayor
relating to such series of Project
Notes and said Agreement, when Walter A. Pregler
executed liy the Government, is AlIau T. Tlaoms
hereliy declared to lie and is here. Wayoe ~. Moldenhauer
liy ass>gned I>y the Local IsBuing Couocilmen
Agency for the lienefit of the holder Attest:
or holders from time to time of Leo F. Frommelt
the New Project Notes. All eontri- City Clerk
liutions, funds. and amounts autho- Oouocilman Pregler moved adop.
rized (It r~uired liy the Contract tion of the resolutiou. Seconded
to lie applied to the payment of liy Councilman Moldenhauer Car-
~roject Loan Notes (re~erred to ried liy the fol1owin¡ vo~:
m the Contract as "Project Tem- .'
porary Loau Oliligaüons" "A d- Yeas-Mayor BItter, Cooocllmen
vance Notes" (It "P';'manent Moldenhauer, Pregler, Thoms.
Notes") as issued in conueclion Nays-NOne.
with the Project are hereby irre- Alisent--CouDA:ilmu J_ann.
vocably pledged to secure the pay.
meul of the principal of and in- April 6, 1973
terest to maturity on the New Pro-
ject Notes. SUch pledge and the
lien created thereby shall cease
and terminate when monies or in-
veotment securities convertilile into
cash uot later than the maturity
date of the New Project Notes,
sufficient and for the purpose of
paying the principal and interest
to maturity on such Notes, are
deposited with the paying agent
or agents for such Notes.
Section .. The proceeds derived
from the sale of the New Project
Notes, together with such amount
of other funds of the Local Is-
suing Agency as may lie neces-
sary, shall lie applied, simul.
taneously with the receipt of said
proceeds, in accordance with the
proVÏ9iOIl9 oftbe Requisition Agree-
ment.
Section 9. The City Treasurer
io hereliY authorized and directed
to send promptly a letter to each
paying .,gent for the New Project
Notes in substantially the form
of HUD.9004, which Is incorporated
herein liy reference, and to trans-
Honoralile Mayor
and Couocilmen
The Dubuque Planning and Zon-
ing Commission has reviewed the
final plat of Block 6 and Btock
7 in Kettel-Byrne Addition, in the
City of Duliuque, Iowa.
The Commission had deternúDed
that this plat conforms to the ap-
proved preliminary plat of this
area and meetl> the requirements
of the SUl>division Ordinanee; It
is the recommendatioD of tbe Com-
mi.ssion that the plat be approved
as soomitted.
CITY pLANNiNG AND
ZONING COMJOSSION
Daniel DittemOle
IJeveiøpment Plam1er
Mayor Bitter moved that the
communication lie received and
filed. Seconded by Oouncilman
Thoms. Carried liy the "'llowing
vote:
y.....-..yor Bitter, Councilmen
Moldenhauer, Pregler, Thoms.
Nays-NOne.
Alisent-Councilman Justmann.
Adjourned Special Session, April 16, 197~ 'JIJ7
RESOLUTION NO. 126-73 tuminous concrete, or with con-
lIMoIution approving the plet of crete paVÙl with integral curti,
Bleck ~ - aI- 7 in Mette!. all in accordance with City of Du.
Byrne Addition in the City of Du- buque standard speciW:ations;
louque, 10- b. To install sanitary s e we r
WHEREAS there has been IDed maiDs and sewer -eo laterals
with the CitÝ Clerk a plat of the in accordance with plans submitt-
Subdivision to be known as Block ed with the plat;
6 and Block 7 in Mettel-Byrne Ad- c. To install wa,ter mains and
diticm in the City of Duliuqne, Iowa, water ,service laterà!s in accor.
by Hettel Realty '" Investment danee 'With plans snlimiUed with
Co.; and the plat;
WHERE;\S, - satdplat ap- d, To install storm &ewers and
pear streets Iohelmownu Rœe- calelliiasins in accordance w; t h
_at SUeet, Hil1c.restRoad, Short plans oulimitted ,with the plat;
S':'"eet aDd .Aurora .Stre~. lGgether e. To instaU concrete sidewalks
WIth ~ public utility ~ as required liy Ordinanees, and
meøt&which ~ ~ by ~d where directed liy the City En-
plat !lave dedicated to the pabJic gineer and the CIty Manager'
forever; and ,
. t To COlIstruct tile foregoing im-
WHERE;\S, saId plat has lieen provements in accordance... i t h
examiBed by the City Planning plans and specifications approved
~ ZoniJIg Commisaion and had by the CIty Manager, nnder the
Its approval endorsed thereon; and inspection of the City Engineer,
WIfEBEAS, said plat has been a~d in a manner approved by the
examined by the CIty Council and CIty Manager;
they find that the same conforms g. To maintain tile fore~g im.
to statutes and ordinances relating provements for a period of four
thereto, except that street grades (4) years from the date of their
have not been esta:lilished, the acceptance by the City of Duliuque,
streets brought to grade, or paving, Iowa;
sewer or water ÌDOtailed; h. To provide the foregoing con-
NOW mEBEFORE, BE IT 'RE- struction and maintenance at the
SOLVED BY THE CITY COUNCIL sole expense of the Subdivider,
(J ! THE CITY OF DUBUQUE, MettelRealty.\ Investment Co.,
IOWlA: as owner;
S8ction 1. That the dedications i, To construct said improve-
of Rosemont Street, Hillcrest Road menls, except sidewalks, prior to
Short Street and Aurora Street' April 1, 1975, and to construct the
together with the ...ements fo; sidewalks prior to April 1, 19'17;
pubJic uti!ities as the same appear and further provided that said Met-
upon said plat be and the same tel Realty & Investment Co., as
are lteœIiy"';ospted; owner of said Sulidivision, secure
the performance of the "'...,going
Section!. That ,the plat of Block conditions by providing security in
6 and Block 7 in Mettel-Byrne Ad- such form and with such sureties
dition in the City of Duliuque, Iowa, as may be acceptable to the City
be and the same is- hereby ap. Manager.
proved -and the Mayor and City
Cletk are he.-eIJy authorized and Section 3. That in the event Met.
diTected to endoroe the approval tel Realty" Investment Co., shall
<>f the City 01. Dulmque Iowa npon fail to execute the acceptance and
said p!at,provided ~ ~rs of ~rnish, the security .pr?vided for
aaid _erty herein named, exe- m Section 2 hereof '!'thin 45 c!:"~
cute their written acceptance here- after the date of this Resolution,
to aU..,hed agreeing: the provisions hereof shall lie null
a To Nduce all streets to grade and void and the acceptance of
and to construct cooorete curl> and the dedication and approval of the
gutter and to hwd suriace Rose- plat shall not be effective.
mont Street, Hillcrest Road, Short Passed, adopted and approved
Street and Aurora Street with bi- ' by unanimous recorded roll call
208
Adjourned special Session, April 16, 1973
tIiio 18th day ofAPril,A.Ð., 11m!.
JosephJ. Bitter
Mayor
Walter A. Preg~r
Allan T. Tholll&
Wayne A. 'Moldenhauer
Councilmen
Attest:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF RESOLUTION
NO. 126-73
We, theunders!gned Mettet Real-
ty , '" ,'Inv_ent 'Co. having read
the _s ,'and eondiliolUl of the
~e~ I\eSOlulion No.U6-73 IUld
lleIng' fa:miliilr ,with the _ditions
thereof, he~ahY aèeept the same
and a/Ì1'ee, ~ petfcírl l the ~n¡ l-
tions required tlièrein.
"I>a~ at ,Dubuq1le,' lMira, this
19th day' of Apn1, 1973, '
, By /&1 C. E. )(ét\e!
preølde!1t
BY III Lonaine Klumpp
VIce-Pres. '
To:
Leo F. Frommelt
Ci1'Y ,Clerk
This Is to certify that the se.
curity provided liy the foregoing
R_lution No. 126-73 has lieen fur.
nished liy the ",",era.
CIty MIUla,ger
'Dated at D1¡buque, lMira, thIs
lØIh day of May, 1Ð'I3.
,Mayor Bitter moved adoption of
the reao!.ution. Seconded liy Coun-
cilmlUl Thoma. Carried by the fol-
lONg vote:
Yeas-Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thoma.
Nays-None.
Al>sent--Couneilman Justmann.
, April S, 19'13
Uonorable Mayor IUld Councilmen
The City of Duliuque PlaDDÌIIII
and Zoolng CommisSiion ha& re-
\>leVied the proposed plat of the
Kennedy-Larche.' " Sulidivislcmln
Seetioni! 1 IUld 2, Duliuque Town'
ship, Duliuque County Iowa.
ThIsSubdivislon Is located out.
side of the cotpOrate limits of the
City hut Within the City's jurlsdlc-
tioIi;!.1 review area, for sulidlvisions,
aa specified In Chapter 409.H, Code
of Iowa, 1973.
'I'Ire Commlasion has deterllllíled
that the land use and street patterll
in theSUlidivision ia In aGcótdance
withplaDlling ,for the Peru Rnad
area; It has alao determined that
"the øtreet construction standards
required liy the Dubuqae County
Sulidi:vi&ion Reguiations are consis-
tent with CIty specificatioIi;!..
The City of Duliuq1le Plalmtng
and Zoning Commission has recom.
mepded that you approve this plat.
Ii CITY PUNNING ANiD ZON1NG
COMMISSION
Daniel Dittemore
Development Planner
'Coi!n<!ftmanTbilins' IÌIOved that
thei:óDilliutikationllf .-ee,eh'ed IUld
filed. Seconded' ¡';-lI'ayÖr Bit(él.
carried, 'liythe ,foIlOwin& 'vote;" "
YèaO-:-MàýGr Bitter, ,CoUÏlc\1lìl<in
Moldenhauer, Pregle1:, TholÍls.
Nays-None. ," "" -'
Alisent,eo1lJlcilJll1Ul Juatmanll.
, eommtuu".Uou'aI Attötiiey
DàVidLeØll.er,'iI>beiìä1t, of the
Keímedy family incò\-Ì>Orafed 'tIiÌ!
Ken1Iedy'Cof1lOration, ,\,resen!ÏJ> ! a
proposed plat of Kelll ooY.:tarehes
SulidivlSion, w!Ìieb lie. ouiøide\he
City,however within two miles
of the City Limits, presented, and
reád, Councllma¡¡ Tbilma,moved
that the communicalionhe receiv.
ed and filed. Seconded, by KaJar
Bitter. Carried liy thefol1o~
vote:, ,
Yeas-Mayor Bitter, Councilmen
Moldenhauer, Pregler, 'l'I1oms.
Nays-None.
Alisent-Councllman J""tmann.
Attorney Dàvid Leifk¡>r address.
ed the Council by stating that ,the
plat ,bas been appro,ved liy the
County,Boanl of Supervisors. '
RESOLUTION NO. 127.73
RESOf,UTIDN. approving Plat of
"Kennedy-Lareh~ SÙl>division" in
Sections 1 and 2, Towns!Ìip 88 North
Range, 2 East of the 5th,Principàl
Meridian in Dubuque County, Iowa.
WHEREAS, thereh.. I>een filed
with, the City Clerk of the City
of Duliuque a plat in wbIeh:
I..ot A, Block 4 in MatteI-Larches
Addition; I1IId I..ot' 2' of Bernhard
Larches Sulidlvt&oi>, an in section'
1 and 2, Township 88 North Range
2 East of the 5th PrincipalMeri.
dlan in Duliuqùè Obunty, Iowa;
18 PLI\T!'ED AS: ' ,
Lot 1 throùgh' 28; in¡,lulllve, of
"Kennêdy-'Larches Sulidi:vislott'" hi
Adioumed Special Session, April 16, 1973
209
Seetiens-l and 2, Township 89 North I
Range 2 East of the 5th Principal
Meridian in nuliuque County, Iowa,
&ad,
WHEREAS, oaï« plat Is of real
estate willlin' two (2) miles of the
IImItß,of the CIty; of Dubuque, Iowa,
and therefore, UllderSection a.14
ollie 1873 Code of Iowa, must
IIf filed with and approved liy
tbö DuiJuqueetty Council and tiy
tile City of Dnhuque Pian Com~
œissten; ,lUld,
wlIER&s, .WI:lp\àt hu heen
øxamlned ,bY' the' Dltbuque C I t y
Plan ComlllÌ'SSlon and bU had its
_val- , endoraed 'thereon; and,
WlmREAS,' 'ssid plat haa been
exanñried liy me City <:ounci1 and
tIie7 find th" same CQRforlll& with
the ; statutes ami ordinances ànd
pro:vis{ons'scfout In Section a.14
of'lIIe -1873 'Code of Ioowa relating
dIerefÐ;.' " "
!I1QW,'l1\UJREFORE, BE IT RE-
SOLWD BY THE crrv COUNCIL
~rm CITY OF, DUBUQUE,
Section 1. Thal the ahove de-
scribed plat, of "Kennedy-Larcbes
Sulidlvision" in Dubuque County,
Iowa, be and the same Is hereby
approved and the Mayor and Clerk
be and they are hereliy authorized
and directÀ!d to eÎldorse the approv-
al of the City upOn, said pIal
Passed, adopted and approved
this 18th day Of April, 1973.
Joseph J. Bitter
Mayor
WalterA. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
Councilmen
ATTES'l' :
Leo F. Frommelt
City Clerk
Cbullci1Dlan Thema moved adop.
tion of the resolution. Seconded
tiy Councilman Mo1denhauer. Car-
ried ily tile following vote:
'Yeas-)(a,.... BlUer, Councilmen
Moldenhauer, Pregler, Thoms.
Nay......Nœe.
Ab&eJ>t-Councilman Justmann,
MlU'eb 22, 1973
Honorable Mayor and Councilmen
The City Planning and Zoning
Commlsoiotl has"reviewed tile final
plal. of I..ots 1, thru 29 and Lot
10 of, Hawkeye Estates, Hefel Broth-
ers Addition in the City of Du-
buque, Iowa.
The Commission haa found that
the plat cooforms ,to the approved
preliminary plat for tIiio area and
meets the mInInwm reqUÏi'ements
of the Subdivision Regulations of
the City of Duliuque, Iowa.
It Is the recommendation of the
City Planning ,and ZonIng COmmis-
sion that the final plat be, approved.
CITY PLANmNG AND ZONING
COM,M'I5SION
Daniel Dittemore
Development Planner
Councilman Pregler moved that
the, coUllD,unication be recieved IUld
filed. Sei:ónded liy Councilman Mol.
denhauer. Carried by the following
vote:
Yeas-Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thoms.
Nays-None.
AlJsent.Couneilman Justmaoo.
RESOLUTION No. 121-73
R_lution approving the plat of
Lots 1.29 inclusive: and Lot A,
all in Hawkey. Estates in the CIty
of Dubuque, Iowa.
Whereas, there has been filed
with the City Clerk a plat in which:
Lot 1 of Lot I of Lot 1 of the
Sulidivision of Iøt 1 of Iøt 1 of
Lot 1 and Lot 2 of Lot 1 of Lot
1 of Mineral Lot 33&, In Dubuque
Township, Duliuque County, lMira,
is platted as I..ots 1-29 in¡,1U&ive,
and Lot A in "Hawkeye Estates"
in the City of Duliuque, Iowa, liy
Lawrence and Bernard Hefe! as
Owner thereof; and
Wh.....as said plat has been ex-
amined liy the City PlanninglUld
Zoning Commission and approved
liy sáid hody; IUld
Whereas upon said plat appears
streets to lie known as Hawkeye
Drive, Inwood Avenue and also
easements for public utilities which
the Owner upon said plat has de-
dicated to the pulillc forever; and
Whereas said plat has,heen found
by the City CQuncil to conform
to the Statutes and Ordinances reo
lating thereto exe,ept that the
streets have not lieen reduced to
grade or pavillg, sewer, water or
sidewaJ,ks installed therein;
NOW THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
210
Adjourned Special Session, Apn1 16, 1973
Section 1. That the dedication I
of Hawkeye Drive and Inwood Ave-
nue together with tile easements
for public utilities all as the same
appears upon said plat; be and
the same are hereby accepted and
that said Streets he and are here-
by established as polilic streets
in the City of Dubuque;
Section 2. That the plat of the
Subdivision of LotL of Lot 1 of
Lot 1 of the Sulidivision of Lot
1 of Lot 1 of Lot 1 and Lot 2
of Lot 1 of Lot 1 of Mineral Lot
324, in Duliuque Township, Duliu-
que County, Iowa, and which will
hereafter be known as Lots 1..2Ø
iÐclDsive, and Lot A in "Hawkeye
Estates" in the City of Dttbuq"",
Iowa, is hereliy approved and the
Ma')'Or and City Clerk are hereby
authorized and directed to endorse
the approval of the City of Du-
buque upon said plat providing the
Owner of said property, hereinhe-
fore named, executes written ac-
ceptance hereto attached, agree-
ing:
a, To reduce Haowkeye Drive and
Inwood Avenue to grade as shown
tiy the profiles submîtted with the
plat.
h, To surface Hawkeye Drive
and Inwood Avenue a width of
3Q feet with 6" Portland Cement
Con<orete Pavement with integral
curb and gutter or 8" Roiled Stone
Base with 2W' Bituminous COn-
crete Surface. All of the foregoing
shall lie constructed accordiag to
the latest City of Duliuque speci-
fications.
c. To install sidewalks on hath
sides of IIawkeye Drive and 10-
wood Avenue in accordance with
the City of Duliuque Standard Spe.
cilica,tions for Permanent Sid e-
w&lks.
d. To install water mains in ac-
cordance with plans sulimîtted with
this plat.
e. To install sanitary sewers in
accordance with plam sulimîtted
with this plat.
f. To install the sanitary sewer
and water house laterals, for each
lot to behind the property line.
g. To construct the foregoing im.
provements in accordance with
plans and specifications approved
lif the City Manager and under
the inspection of the City Eogineer.
b. To maintain all street im-
provemertts and sewer and water
mains for a period of four (4)
years from the date of its accep-
tance.
i. To construct said imp r 0 ve-
ments prior to November 30, 1975.
j, To provide the forcoiDg con.
struction and maintenance as the
expense of the Owner.
and further prO'ridedthat Law.
rence and Bernard IIefd, as Owa-
erg of said SubdiviJioasecure the
performance gf the Jo.regoing .......
ditions hy providing .ecurity in
such sums and with _h .ureties
as may be acceptable to the City
Mana,ger.
Section 3. That in the event Law.
rence and Bernard Retel shall fail
to execute the acceptance and pro.
vide security provided for in See-
tioo 2 hereof within forty.,five (46)
days from the date of this Resolu-
tion. the provisions thereof allan
be null and void anll the accep-
tance of the dediA:ation and ap-
prDval of the plat sba1l not he
effective.
Passed, adopted and approvea
by recorded Ioll call vote this lØIII
day of APIU, 1973.
.JOseph J. Bitter
Mayor
Walter A. Pregler
Allan T. TIuIms
Wayne A. Moldenhauer
C<>uncHmen
ATI'EST:
Leo F. Frommelt
City CleIl<
To Leo F, Frommelt, City Clerk
This is to certify that the se-
curity required for the foregoin~
ReSOllution 128-'13 bas been provided
liy the Owner,
Dubuque, Iowa, May 29, 1II7S.
Gili>ert D. Ch&venelle
City Manager
ACCEPTANCE OF REIOWTION
NO. 121.73
Lawrence and Bemard He f e I,
having read the terms andeondi.
tion. of the forego!n« Resolution
128-7;, and tieing familiar with the
contents thereof, hereby aeeept the
same and agree to perform the
conditions therein required.
Hef,,1 Brothers, Contractors
Lawrence Retel
Bernard Retel
Dated: Meyllll, JjfjS
Councilman Pregler move4 adop-
tion of the resolution. Seeonded
211
Adjourned Special Session, April 16, 1973
by Councilman Moldenhauer. Car-
ried by the following vote:
Yeas-Mayor Bitter, Councilmen
Mo.ldenhauer, Pregler, Thoms,
Nays--None.
Aliseul-Comeilman Juatmann,
April 13, 1973
Honorable Mayor and Councilmen
At its special mee1ùJg of April
4, 19~. the City of Dnbuque Plan.
niIIg and Zoning CommîS6ion re-
viewed the architect's plan of the
proposed County-City La... Enforce-
meIlt Center. The Commission has
determined that the proposed loca-
Ü6Il and design of this facility
is, appropriate for the site and
is iR ac"""dance with its plans
for the general area.
CITY PLANNING AND ZONING
COMMISSION
Daniei< Dittemor-e
Development Planner
Councilman Moldenhaner moved
that the communicafion lie receiv-
ed and filed. seconded tiy Mayor
Bitter. Carried Iiy the following
vote:
Yeas-Mayor Bitter, Councilmen I
Moldenhauer, Pregler, Thoms.
Nayo-None.
Absent.COuncilman Jnstmann.
RESOLUTION NO. 129.73
RMGlutioot /¥În!I p<elimÍllary ap.
provat to, the preliminary estimate
of cost allÖ approvat of plans, spe.
cifications, contract documents for
IIoe conotI'uctton of Dullu- Conn-
!¥-CIty of Dubuq.,. '-- Enforc.
- c.w.r
WHElIEAS, DlllilP:¡ue County, Io-
wa and City of Dubuqne, Iowa
bave entered iIoto a written agree-
ment lor the construetion and erec.
tion of saicf .Toint Couniy--City Law
Enforcement Cen1lel'; and
WHERE;\S, each of said govern-
mental bodies have ordered the
preparation of cost estimates and
proposed plans, specifications and
form of contract tbr the construc-
tion of said Joint County-City Law
Enforcement center; and
WHEREAS, the City Council of
the City of Dubuque" Iowa should
give preliminary approval to the
estimated cost of improvement,
plans, specifications and contra'Ct
document;
NOW THEREFORE BE IT RE-
SOLVEiD BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section J. That the City Council
of the City of Dubuque, Iowa does
hereby approve the estimated cost
of tbe said improvement, specifi-
cation. and form of contract as
prepared and submîtted by Dur-
rant -Deininger. D<>mmer . Kra.
mer - Gordon, Architeets, Engi-
neers, dated April 9, Ul73.
Section 2. That the said pro-
posed pl¡>ns, specifications and
form of contract are bereliy order-
ed filed in tbe office of the City
Clerk for public inspection, which
are hereby incorporated by refe-
rence.
Passed, approved and adopted
this 16th day of April, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Ai1an T. Thoms
Wayne A. Moldenhauer
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Moldenhauer moved
adoption of the resolution. Second-
ed by Mayor Bitter. Carried liy
the follOwing vote:
Yeas-Mayor Bitter, Cotmcilmen
Mooldenhauer, Pregler, Thoms.
Nays-None,
Absent-Councilman Justmann.
RESOLUTION NO. 130-73
Resolution providing for . notice
of hHring on pr_sed plans, spe.
cificatio... and form of contract
for construction of Dubuque Coun.
ty.City 8f Dul>uque Law Enforce.
- cenhtr.
WHEREåS, the existing city jail
facilities of the City of Dubuque,
Iowa, and the existing county jail
facilities of Dubuque County, Iowa.
are inadequate, inefficient and an.
tiquated and do not meet the pulilic
needs for law enfor""ment pur-
poses; and
WHEREAS, the County of Du-
buque, Iowa and the City of Du.
ooqlie, Iowa have entered into a
written a.greement for the erec.
tion, construction, operation and
maintenance of a Joint County.
City Law Enforcement Center; and
WHE'REAS" the County of Du-
buque, I"wa and the City of Du-
212
Adjourned Special Session, Ápril16, l1J1'3
liuque, Iowa have ordered the pre-
paration of plans, specifications
and contract document; and
WilIERE;\s, the estimated cost
of said improvement is in the
alllOUDt of $1,,045,000, and of 'Whieb
cost ,the portion to be paid liy
the City of D..liuque, Iowa is es-
timsted to be in the amount of
,$205,.000.00; and
WHERE;\s, it is necessary to
fix a time and place of hearing
on said proposed plans, specifica.
tions and form of contract and
to give notice thereof.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA AS FOLLOWS:
$actIon 1. That the plans, speci-
fications and form of contract re-
ferred to in the preamlile hereof
be and the same are hereliy adop-
ted suliject to hearing hereinafter
fixed and set for the 7th day of
May, 1973 at 7:30 o'clock P.M.
DST) at the Council Cbamlier in
the City Hall in the City of Du-
buque, Iowa and same is hereby
fixed as the time and place of
:hearing on said proposed plans,
specifications and foJ:m of contract
for the construction of a Joint
County-City La,w Enforcement Cen.
ter, and appurtenances.
Section 2. That the City Clerk
is hereliy authorized and diceeted
to give notice of hearing on said
proposed plans, specifications and
form of contract liy pu¡¡¡¡cation
of such notice at lea&t once, not
less than ten (10) days prior to
the date fixed for said hearing
in the "T-elegraph-Herald", a news-
paper pulilished in the City of Du-
buque, Iowa and having a general
circulation in said City. Said No.
tice shall be sulistantially in the
following form:
NOTICE of pulilic hearing on
proposed plans, ,specifications and
form of contract covering the erec-
tion ani! construction of a new
Joint County-City Law Enforce-
ment Center in the City of Du-
liuque, Duliuque County, Iowa.
PUBIJIC NOTICE is hereby gi-
ven that the City Council of the
City of Duliuque, Iowa will meet
on the 7th day of May, 1973, at
the Council Cbamlier in the City
Hall, Duliuque, Iowa at 7:30 o'clock
P.M., (DST) for the purpose of
conducting aPùbllc Hearing on
the propesed plans, ..pecificatiOll<l
and form ,of contract for the erec-
tion and con&ln1ctionof" '-
Joint County-City Law Enforce-
ment Center in theCitf of Du.
liuque, Duliuque (Jounty, Iowa.
The proposed plans, specifica.
tions and form' of contract have
been prepared by Durrant-Deinin.
g er' Do m m er - Kr a m er -Gordon,Ar -
chitects and Engineers, and ....
now on file in the office of the
City Clerk in the City Hall, Du-
liuque, Iowa.
The Project conoisls øenerally
of the construction ofa two (2)
storyconerete frame and mUon-
r,/ building 'with a partial Ii......
ment with the liasementcontàin-
ing mechanical eqnipment and sto-
raee;the - floor 'containing ad.
ministrative offices and law en-
forcement spaces for hoth the City
of Duliuque Police Department ,and
the Duliuque County Sheriff De.
partment, and the second :1I0oI' eon-
taining ,the comtiinedjail and re-
lated jail function spaces for ,lioth
the County of Duliuque and the
City of Duliuque, ,and appur.
tenances.
At such hearing allY intereeted
person may appear and file oli-
jection to the proposed plans, spe-
cifications ani! form of ,eontraet
or the cost of such improvement.
By Order of the,Clty Councll
of Duliuque, Iowa, dated April 18,
1973.
Section 3. That all Resolutiona
or partsthereolf in cœl1ict here-
with be and the same are hereby
repealed and thi6 Reaolution shall
lie effective forthwith upon pas-
sage and approvaL
Passed, approved and adopted
this 16th day of April, 1973.
Joseph J. Bitter
Mayor
Walter A. PreglU
Anan T. Thoms
Wayne å. Moldenhauer
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Moldenhauer moved
adoption of the resolution. Second.
~ed liy Mayor Bitter. Carried liy
the following vote: '
Yeas-Mayor Bitter, Councl1men
Moldenhauer, Pregler, Thoma.
Nays-None.
Al>sent-Councilm8l1 Justmann.
213
Adjourned Special Session, April 16, 1973
.".ttEIOLUTION NO. 131.73
'..óolutionproviding for taking
lilds for '1118 construction of a loint
County-City.Law Enforcement Con.
"r In the City of Dubuq"", Iowa
, WHEREAS, the existing city jail
facilities of the City of Duliuque,
Iowa, and the exis.ting county jail
facilities of, DuliuqueCounty, Iowa,
are inadequate, inefficient and an-
tiquated and do not meet the pulilic
needs for law enforcement purpos.
'es; 'and
WftEREAS, the County of Du-
liuque, Iowa and the City of Du.
liuque, Iowa have entered into a
,g\tea agreement for the erection,
donstruction, operation and main-
tenance of a Joint County-City Law
Enforcement Center; and
WHEREAS, proposed plans, spe-
cifications and form of contract
for said Joint County-City Law En-
fOt'Cement Center have lieen pre-
pared' liy Durrant-Deininger.Dom.
mer-Kramer.Gordon, Architects
and it is necessary to fix a time
'and place for taking liidafor the
construction of said improvement.
NOW THEREFO~E BE IT RE-
SOLVED BY THE CITY COUNCIL
OF 'l1HE CITY, OF DUBUQUE, I
IOWA, AS FOLLOWS:
$action 1. That on the 22nd day
of May, 1973, at 3:00 o'clock P.M.
{CDST) at, -the office of the City
Clerk,in the City Hall in the City
<¡f Dubuque, Iowa is hereby- fixed
as 'the time and place of taking
liids ,for the construction of the
Joint County.City Law E n for c e-
ment center.
Section 2. That the Mayor and
City Clerk are hereby authorized
and directed to give notice of the
takingðfsaid bids liy publication
of such notice once each week
for at least two <:onsecutive weeks
in the "Telegraph-Herald", a news.
paper pUlilishedin the City of Du-
buque, Iowa, and having a general
circulation in said city, the first
of which pulilications in said news-
paper shall be at least fifteen (15)
days prior to the' date fixed for
receipt ofliids, Said Notice shall
be in 'substantially the following
form:
'~"of'.kIn bids for the
construction of" the ióint' Cou~ty.
City Law Enforce_ntCenter in
the tHy of Dubuque, Iowa
PUBLIC NOTIOE is hereby' giv-
en that sealed proposals endorsed
Joint County-City Law En for c e-
ment Center will lie received liy
the City of Duhuque, Iewa at the
office of the City Clerk in, the
City Hall, Duliuque, Iowa un t i I
3:00 o'eiock P.M. (CDST) on the
22nd day of May, 1973, for furnish-
ing all necessary materials, eqnip-
ment, superintendence and lahar
for the construction of the Joint
County-City Law Eoforcement Cen-
ter to be located on west side
of Central Avenue lietween Seventh
Street on the south and Eighth
Street on the north in the City
of Duhuque, Iowa, according to
the plans and specifications pre-
pared liy Durrant.J>eininger-Dom-
.mer-Kramer.Gordon, Arc h i tecls
and Engineers, 1JΠRockdaie Road
Dubuque, IOwa, IiI!OOl and now on
file in the office, ,of the Ciq. Clerk.
The project consists of the con-
struction of a two story concrete
frame, and masonry liuilding with
a partial liasement with the hase-
ment containing mechanical equip-
ment and storage, the first floor
containing administrative, offices
and law enforcement spaces for
both Dubuque Police Department
and of Duliuque County Sheriff De-
partment and the second floor con-
taining the comliined jail and relat-
ed j:n1 function spaces; with a
total areaapproximatelý' 21.,350
square teet plus 1,540 square feet
rooftop, equipment enclosure, all
as shown in the plans and specifi-
.catio"".
Each proposal shall lie made
on form furnisbed liy the City as
a part of the specificatio"" shall
be addressed to the City of Du.
buque, c/o LeoF. Frommelt, City
CIeri!:, City Hall, Duliuque, Iowa,
and must lie accompanied in a
separate envelope tiy a certified
"hoek drawn on a' 9OIYellt Iowa
bank payable to the order of Du-
buque County, Iowa and City of
Duliuque, Iowa ora deposit of
money in an amount eqlllll to at
least five' (5) percent of the ,"",ount
of the proposal. If tbe successful
bidder fails to enter into a contract
with Dubuque County, Iowa' and
the City of Duliuque,Iowa for said
work örfaik to' furn:ish, a satis-
factory performance liòlid <>r fails
'to file the necessary insurance' as
Tequiredliy the specifications ,with-
Adjourned Special Session, April 16, 19:73
in fifteel1 (15) days after notiñca- office ef. th" Ci~ Eqjnær. Îl1 the
tion of the award the Check may City Ha1l of 'Dubuque, IOW1i or Dur.
be cashed or deposit money fur- raut - Deining¡>r . Dommer - Kram-
feited as liquidated damage... er - GordOn. Architects and Engi.
. neers, Ll22 Rœkda!:e m>ad, Dubu-
Payment to the contractor will que Iowa 52001 on deposdt of
he ~ proceeds of sale of getreral the 'sum of FI:!ty' ($1;0.00) Dollars
obligation lionds and from. Federal fino e""h set <1f pfam and spec.
and State grants ~spectiVe.ly of ifieations. The fWI a1llOllDt of
funds, monthly estimates WIn lie the deposit will be refunded upon
paid to the contraetor, as the work the return of the plans and specifi-
progresses m amounts equal to cations transportation prepaid in
ninety (90) percent of the eontr~ct good condition within ten (10) days
value of th~ work completed ~ after the opening of the bids.
the preceding calendar mo!'th, '!'- lIy virtue of statutory authority
eluding the value of .material SID; a preference will lie given III pro-
"bfystor, ed, on, prenmesnptoth I dUc1:s,an<f"pro",isiÐn,gro"".and eoal
~t <fay of that ~onth as es- prod\Joced within the Statio III Io-
timated tiy the En~r. Such and the Iowa dmnesw w:.m. No
monthly payment shall m no way I>i<t may be withdrawn within a
!Ie conslrned as an act of aC'Cep- period of thirty >COO) *Y'$ from
lance for any p¡lrt of the wo;k and after the date fixe,Uor opening
partially or totally completed. Fin- Iiids..
al payment of the remaining ten Dubuque County and City of Du-
(1!'1 percent due th~ e""traet~>r buque res...... the right, to reject
WIN be made not ea.r1ier than thir- any or all propesai& and the. eon-
ty'O1æ (31) day" from the final tractwiJ!. lie awarded to the lowest
acceptance of the work by the responsible bidder.
Cb1Inty of ~buqu. and Cio/. of Published upo OI'd.. of the
Du~que, subject to ~e conditio";,, Boaril of SUpenison of Dubuque
and m accordance WIth the provl- County and of the City Council
sion of Chapter' 573 of the 19¡:j ø£ the City eI. -Dubuque, Iowa.
Code of IOwa. Joseph J. Bitter
The stœ.....ful hidder will lie ,Mayor
requ1red to furnish a ,PerfOrmance ATI'EST:
Boad in an amount equal to one Loo ¥. P\oommelt
hundred (100) per cent of the con- City Clerk
traet price, sa:id hood to be issued Seotten 3. That a1l prcwisiøœ set
by a respoosib!e surety approved out i.. saki proposetf Mm of n<Jttce
liy the Board of Supervisors and He hereby recognized and pre-
the City Council and shall guar. scribed liy the City eoun...l and
antee the faithful performance of Iht all r....lU.tion. ar orders or
the contract and the terlllB and paris thereof to the exlent that
conditWus. therein contained and same may be in COBfI[ct herewith
shall aiso- guarantee. the work per- are herel>y repealed.
formed ,ami materials or w 0 r k- passe.4, _r-<wed and adop\J!d
mansbip fur a period of one. (1) this lIith day of Aptil, 1973.
yea~s from the elate of final ae- J"""ph J. Bitter
ceptaBce of the work by DuliW )1e Mayor
~ aDd City of Dubuque. The Walter A. Pregler
oomtrud.ten work shall be com. Allan '1'. Thoms
meneed within ten (~D) days after Wayne. Å., JIoldeøha....r
the esecution of the. cODtract and CøuBdlme.n
shall .be fully completed on or lie- ATl'EIiT:
fore the. 29th day oí July, 1974, Leo F. Frommelt
subject fð any eJOtension of time City Clerk
which may be granted, by the Councilman Moldenhauer moved
Board of Supervisors and the City adoption of tile reso1ntion. Seeond-
Council. ed by M~or Bitter. Carried by
Copies of the plans and speci£ia. the following vote:
tiODB and pl:QpOsai form may he Yeas-]úyor Bitter. CoUDeÜlnen
oIJ1Iained at the etiice of the. County Moldenhauer, 'PreøIer" Thoms.
Enc;.uer in tile CounI3' C.. u r t Nays-NoDe.
-"", Dubuque, IOwa"" at the ~ J_......
214
215
Adjourned Special Session, April 16, 1973
RESOLUTION NO..73 and correct copy ef " I'e&>lution
Resolution giving preliminaryepo pa..ed and adopted by tile Board
,.."""' .. !he _liminery estimate of Supervisors of Dubuque County,
of _t end _cwa .ef llus, spec. Iowa, meeting ill re¡¡ularaessinn
ifimtI- contract .cum- for ""the 1&th diu> of April 1973.
IIa C-..clienof Dubuque COUll- In TesIIi_, whereof, witness
t,..c:1ty of ~ Law Enforce. my band and the seal of Dubuq""
...t c-ter County, Iowa, this Mtb day of
WlœREAS, Dubuque County, 10. April [973
... ad City of DUl>uque, Iowa, ,. Harold P. Meloy
llave entered iuto " 'W1'itten agree- Dubuque County Auditor
_t for the C<II1StnIction and ---
b of a JIIiøt ,Qmnty.eïty Law CoW1cilman '!'homs moved that
Enforœment CeBter; and the re...lu-tioo be received and
WHJMÐA8, ead1 of said gov. made a matte< <>f ræocd. SeconAted
emmental bodies ha.... onIered tile by Cow¡ciJman Moldenhauer. Car-
lnlparatiOB of ....t estimates and ried by the foJlowing vote:
~ pius, apecifiutians and Yeas - Mayor Bitter, Council.
form of contract for the cOllStrue- men Moldenllauer,Pn:g er, '!'homs.
tiaa d said hint Connty-City LaJW Nays-Nolle.
EaforcemeRt Center; atUI Al>sent-.Councilman Justm8lll!.
WREI!.&S, ¡e Board <>f Super-
VÍSOI'a ." VuJ¡ugue Couaty, Iowa, RESOt.UTION NO. .73
slwuW give prelimiDary approval Resolution provlding for a no-
to the estimated cost of improve- lice of hearing on proposed plans,
men! pi.... specificatioRs and con- _cifications and form of contract
tract docu';'ent. for conotruclion of tlcibuque Conn.
NOW, 'MIERÈFORE, BE IT RE- ty.City of Dubuque Law Enforce-
SOLVED :BY mE BOARD OF SUo men! Conter
PERV1SORS OF DUBUQUE, WHERE;\S, the emtiAg city jài1
IU'WA: facili1ies of the CRy of Dubuque,
$action 1. T.hat the Board of IO'1I'a, aDd tile existing county jail
Supervisors of Dubuque County faci1ities of Dubuque County, Iowa,
IOwa, does hereliy approve the es: ~re inadequate, inefficient and an-
tlmated cost of the said improve- tiquated and do not meet the pull.
moot, specifications and form of lic needs fur law enforcement pur.
eoBtrad ... prepa....d 81Id submit- pooes; and
ted by Durraut, Deiaingor, Dom. WJHlmEiAS, tile County of Du-
me.-, Kra'mer ... Gordon, ArclJi- huque, Iowa and t.heCity <>f Du-
tecto & Engineers, dated April 9, buque, IOwa ha..e entered into a
19T3. writt... agreement fur ¡e erec-
Section 2. That the said pro- lion, COOStruCtiOD, operation and
posed plans, specificatiOltS and maintenance of a, Joint County.
form of contract ..... bereby or- City Law Enforcement Center; and
dered rued .in the office of the WHEREAS, the Couuty of Du-
County Auditor £Or puli¡;" inspec- buque, IOwa and the City of DIl-
tion, whieh are hereby Jncorporat- louque, Iowa have ordered the prep-
ed by reference. ara,tiooofpl&J1S,S >eciiicationa and
Passed and Appro-.ed ,this 1&th eontraet doc1l111ent; .and
day <>! April, 19'13. . WHEREAS. the estilJUllEd cost
Chairman, Board of SuperVlSGrS of said iltl lro\"ement Is in the
Leo N. Sehuel1efo amO1lnt of $l,O65 f)( () and of whieb
Memb..., Board of Supervisors cost the purw.,; ~ be p8Ïd by
!I..y Scberrm..n . Dtrbaque Couøty, Iowa, is estimat-
Member, Board of Supet"Vlsars ed to be in the 1Il110unt of $490 000'
Atteat: and ' ,
HuoId P. Meloy WHEREAS, it is """""""'y to
COIm1;y Anditor fix a time and piaœ of hearing
CERTIFICATION on said pm IOJed plaao, specjfjc.a.
State of Iøwa J tíoas and form of """tract and
County of Dubuque 1 .: to give notiu thereof;
'Ibis i. to certify that the ahove NOW, THEREFORE, BE IT liE-
and furegóhlg resolution is a true SOLVED BY THE BOARD OF
218 Adjoumed special Seasion, April l-f¡. 1973
BUPERVISOBSoFDUBUQt)iE County Counho l l!; ~, 10-
OOUNrY, IOWA, AS FOLLOWS: war
, Section }. That ,the plan&, spec- The pro!iect .,.,...-øenerall.y of
lfieatioos and form of eoøtract re- the construction of a two (2) sœry
ferred to in the pntamble hereof coacrete frame aad malORry bUIld-
lie' and ~ same are 'hereI>Y adopt- ing will> ,a partial i>asem8Dt with
ed subject to hea!'inC hereinafter the Ii_ment eoutafuing'meehan.
fixed and' set for the 7th day of ical equipment and sœra..; the
May, lS73, at 10:00 un. (CST- fustfioOr ccmtainlDg ¡u!mmstra-
CÐST) at the Meeting Room of live oHice5 aod 1_' 'eDfoccemont
the BOard of SupervIsors in the sP...,.. for beth the City af.Du'
Dubu lue CoUDiy Çourthouse in Du. tiuque, PoIieeDepartmelit and the
liuque, rowa,and thesaíne Is here- DuliuqueCounty Sheriffs' Depart.
1>Y'fix~a&thetimeand plaee meat, &JIll the'_d:fIooI' ton'
of !leatíJ!g1ina8idproposedplaJì4, tainin& the èomliined jail &JIll relat-
sPeclfièations and form of œntraet elf jall.. JnDdion spàœa for. both
for the, êoIIstruetion 01' a .Joint the: County of' DUbuque ami ,the
CIiuøty-City Læw EilCorèement CeIl- City of Dubuque, 8IIit appurlA>;
ter;itndaþpllrtlenímeê8," ". DlUllées. .'
¥I"" ~ That the OIuD~ A,uiiì- ',At .....b'hearín&',IID1"~
tor IS IIetéby autbotlzed and èIìreet- person ""'" appear ",,4 1ßê,ol1J.eé-
ed tegive ,lIOtiœ ,",be8<ÏJ/ ! on tiòl1totheptop(/l!ed~;' spec-
sa:id propesed plans, speclfica¥ons ifieatioas' aíld form cif' co/iti-act or
and form of ,eontraèt by, p,m1ica. the....t of'Suehlínpmeni<mt/
lion ofsuehnot!4'e,'at Ieást OIIee, 'JByórde'rof~'8oà'l-dol~{
not less than ten (10) daYS prior V/!t<ÌrsofDubuque 'COwrtY : Jöwa
!II tlie ~ate fixed for said, hearing dated ,t:W,S ,,16th. day of APrii; .wrn:
II! the Telegr~~, Heralet;.. Dyers. Semon 3.. TIIat 81l }tesè)li1tlons
~. ~:"m\!l'Clà1 . and Oaseade or ,pan. . ,théreof 'in coof1ict, ilere:
Pioneer, the of!iClà1 eounty new<;. wíth"be and the sameâre ~Ý
papers, ~nd h~Vblg a, gener~1 eir- repealed, and, this, Besolution SIuIU
euJ'ation m S8I~ COunt? S~d No- b~ ~tive tortb:\'ril!¡.uponpa$i¡'age
ties ,s~an be substalitia!ly m the and approval. " ,
foUo'?'ì! form: , Passed, .and App;"vë.:8.is':íiItií
NOtiee of .P\!bJlc ,~ari", on pro. day of ApP! lS73. " ","
pOUd plans, speclflca!lonl and, '. ," ' , .
for", ,of contrsct coverl'" the eroc- ~- Boanl;oi Sllpuv"",rs
ti~n and' constrildion' 'of a new Leo N. Sehueller, '
Joint Csunty-CJty' Law' EntDrc.. Member; Board 01 Supervisors
men! COnte,' In 'tIW ctty of Du- Ray" 5cherrman ' , '
þuque,DvbucÍue CclUnty.lowe. Member, Boanl of ~
, PUBLI(: NOTICE Is hereby given Attest;
that the Board of ,SuperVIsors of Harold P. )I~y,
Du!iuque County, Iowa, wíU meet County Auditor
on the 7th day of M"'IlS73, at ,CERTIFICATION
10:00 a.tn,' at ,the 14,"', ting, Room State of IoWa " J ,,'
of the BoaJd of SllperviSOl'6 in County of Duliuque 't ,IS'. "
the Duliuque County Courthouse, Thi. -""... '.':'_,"
in Duliuque, Jowa, for the PIJI'POse ,s '" t<.> C"~T Ü!"t ~ ,¡oþove
Of coiIdueting a PuIIlic Hearing and foregoIng reaoiutlon 11, a, ~
01Í the proposedplan8 specifiea- and correct eopy, of a ,resolution
110.... and form of OOI1ttact for the passed ~d adopted by, the ßQard
erecllol>and construetion of ,a new of S~ of, Dubuqu& CilJ¡Aty,
JOint CoImty-City ¡¡"W Enforee. Iowa, meeting in ,r~,'se~OII
ment Center in the City of Du. on the 16th day of April, :L973.,
liuque, Dubuque County, Iowa. In Testimony Wilereof, witness
TIle proposed plans specifiea- my hand 8IIit the seal 01 ~e
tiöns and form 'of "",:maèt haOle County, Iowa this 11th. day of April
¡;,;en preparedliY Durrant; Dein- 1973. ,
inger Dommer, Kramer, " Gar. Harold, P. Mel!>f.., ,.
don 'Arcbiteets ,"'Engineers, and DÙluq~e Ç<¡1lI1W' An~r..
á'tf.' noW: or¡ file 1!1 the ofliee'of ,CoUll!:llmstl,'nómø moved:ihat
tile County Auditor in the Dubuq..e the resolution be' receivèd. ä... d
A<ljoumed Special Session, April 16, 1973
217
-de. ma1iler of record. Second-
e<!' by CoUMilman Moldellhauer.
Carried liy the following vote:
Yeas - Mayor Bitter, COuncil-
men Moldenhauer, Pregler, Thoms.
Nays-None.
Alisent--<:otmcIlman Jnstmann.
RESOLUTION NO. .73
Resolution pro-nil for takÍJ1
!rids for the construdion of a joint
c-.ty..Clty Law Enforcement Cen.
... In "'" city of DuIouqœ, Iowa
1VIIIFÆEAS, the e>:isting city jail
fadlities of the City of Duliuque,
~a, and file existing county jail
facilities of Dubuque County, Iowa,
are inadequate. inefficient and ac-
tiquated and do not meet the public
needs for law enforcement purpos-
es; and
WHEREAS, the Comrty of Du-
buque, Iowa and the City of Du-
buque, Iowa have entered in t 0
a wri!tell agreement for the erec.
(loft, eonstnlc!ion. Qperation and
rriamten...... of.. Joint County-city
Law ~ Center; and
WJmREAS, proposed plans, spe-
eifications and form of contract
for s'aid Joint County-City Law En-
forcement Center have been pre-
pared by Durrant, Deininger, Dom-
mer, Kramer'" GonIon, Atehif.eets
&: EuØ""ers, and are no.. 011 !He
in the office of the City Clerk
..d it is neceSS81'y to fix a time
and place for tating bids for the
coastrllctiOli of sa:id ill1 ll'Ovement.
NOW, 'I'HEREFORE, BE IT RE-
SOLVED BY THE BOARD OF SUo
PERVISOBS OF' DUB U QUE
COUNTY, IOWA. AS FOLLOWS:
Section 1. That the place 'of tak,
ing bids shall be the office of
the City Clerk in the City Hall
in the City of Dubuque, Iowa 'and
that the deadline for filing liids
shall lie May 22, 197a, at 3:00
p.m. in the Offiee of said City
Clerk.
Section 2. That the Chairman
and County Auditor are hereby
author!zetl and directed to give
notice of the taking of said bids
by pablication of such notice once
each week for at least two conse.
eutive weeks in the "Telegraph
Her1úd", "D)'oersvilIe Commercial"
and "Caseade Pioneer", the offi-
cial county newspapers, ODd having
generà1 eïn:ulation in said County,
the first vf which poblications in
.aid newspapers shall be at le""t
fifteen (15) days prior to the date
fixed for reeeipt of bids. Said Not.
ice shall lie ÎD substantially the
foIk>winc form:
Notice of takinR bids for the
construction of the ¡oint County.
City Law Enforcement Center in
"'" City of Dubuque, Iowa
PUBLIC NOTICE is hereby given
that sealed proposals eodOrsed
Joint County-City Law En forte.
ment Center will be receive<! by
the City of Dubuque, Iowa, at the
office of the City Clerk in the
City Hall, Dubuque, 10-..', until
3:00 p.m. (CST.CDS'!') on the 22nd
day vf ]fay,' 1975, for fornishing
aU """"""'Y materials, e q nip-
mont, superilltendeoee ad lalior
for the 'construetion of the Joint
CoImty-City Law Enforcemen-t Celt-
ter to be 1oeated on the weot side
of Oentral Aveune between Sev.
enth Strect <to the south and Eighth
Street to the north ÎD the.Qty
of Duillnque, Iowa, acœrding to
the plans and specifications pre-
pared liy Dumtnt, Deininger, Dom-
mer, Kramer & Gordon, Architeets
5: Engineers, 1122 Rockdale Road,
Dubuque, Iowa, 52OCII and now on
file in the office of the City Cleri:.
The project consists of the con.
struètion of a t- story eoncrete
frame and masonry limlding with
a partial liasement with the liase-
ment containing meebanieal equip-
ment and sœrage, the first floor
containing administrative offie e s
and la,w enforcement spaces for
hoth Duliuque Police Department
and Dubuque County Sheriffs De-
partment and the seeond floor coIl-
taining the combined jail and reo
lated jail funetion spaces; with
a total area approximately 24,350
square feet plus 1,5411 square feet
rooftop, equipment enclosure, all
a& shown in the plans and speci.
fica.tiOI>S-
Each proposal &hall lie made
on form furnished by the City as
a part of the specifications, shall
he addressed to the City of Du.
buque, c/o Leo F. From'melt, City
Clerk, City Hall, Dubuqae, Iowa,
and mu.t be aceompanied in a
separa'te envelope by a certified
check drawn on a solveot Iowa
bank payalile to the order of Du-
liuque County, Iowa and City of
Dubuque, Iowa or a deposit ,of
218
Adjourned Special Session, April 16, 1913
money in an amount equal to at
least five (5) percent of the amount
of the proposal. If the successful
bidder fails to enter into a contra"¡
with Duliuque County, Iowa and
the City Dubuque, Iowa for said
worl< or fails to furnish a satis.
factory performance hond or fails
to file the necessary insurance as
required liy the specifications with-
in fifteen (15) days after notifica-
tion of the award the check may
lie cashed or deposit money forfeit-
ed as liquidated damages,
Payment to the contractor will
be from proceeds of sale of general
obligation honds and from Fede....1
and State grants of funds, respec-
tively; monthly estimates will be
paid to the contractor, as the work
progresses, in amounts equal to
ninety (00) percent of the contra<:t
value of the work completed during
the preceding calendar month, in-
cluding the value of material suit-
alily stored on premises up to the
first day of that month as estimat. I
ed liy the Engineer. Such monthly'
payment shall in no way lie con-
strued as an act of acceptance
for any part of the work partially
or "'tally completed. Final pay-
ment of the remaining ten (10)
percent due the contrac,tor '" I II
lie made not earlier than thirty-<>ne
(31) days from the final acceptance
of the work liy the County of Du-
buque and City of Dubuque, sul>ject
to the conditions and in accordance
with the provision of Chapter 573
of the UI1S Code of Iowa.
The suœessM bidder will lie
required to furnish a Performance
Bond in an amount equal to One
Hundred (100) pereent of the con-
tract price, said Iiond to lie issued
liy a responsible surety approved
by the Board of Supervisors and
the City Council and shall guaran.
tee the faithful performance of the
contract and the terms and condi-
tions therein contained and shall
..Iso guarantee the work performed
and materials or workmanship for
a period of one (1) years from
the date of final acceptance of
the work by Duliuque County and
City of Duliuque. The construction
work shall lie commenced within
ten (10) days after the execution
of the contract and shall lie fully
completed on or before the 29th
day of JulY, 1974, suliject to any
extension of time Which may lie
granted by the Board of Super.
visors and the City Council.
Copies of the plans alid specifi-
cations and propòsa! form may
be olitained at the office of the
County Engineer, in the COUnty
Courthouse, Duliuque, Iowa,or at
the office of the City Engineer,
in the City Hall of Duliuque, Iowa,
or at the offices of Durrant, Deinin-
ger, Dommer, Kramer & Gordon,
Architects & Engineers, U22 Rock-
dale Road, Duliuque, Iowa, 52001,
on deposit of the sum of Fifty
($50,00) Dollars for each set of
plans and specifications. The full
amount of the deposit will he re,
funded upon the return of the plans
and specifications, transportation
prepaid, in good condition, within
ten (10) days after the opening
of the bids.
By virtue 'of statutory authority
a preference will ,lie \!Íven to ~
ducts and provisiOllS grown and
coal produced in the State of IOwa
and the Iowa domestic lahor. No
bid m..ybe withdrawn witbiJi a
period of thirty (30) days from
and after the date fixed for opening
liids.
Duliuque County and City of Du-
buque reserve the right to rejeei
any or all proposals and the con.
tract will be _arded to the low-
est responsilile lñdder.
Pulilished uPon order of the
Board of Supervisors of Duliuque
County and of the City Council
of the City of DuI>uque, Iowa.
Louis C. Barrett
Chairman, Board of Suo
perWIOrs
Leo N. Sehuelle'r
Memlier, Boud of Super-
visors
Ray Seherrman
Member, Board of Super-
visors
A'ITEST:
Harold P. Meloy
DuI>uque County Auditor
Section 3. That all provisions set
out in said proposed fOrm of notice
are hereliy recognized and pre-
scrilied liy the Board of Super.
visors and that all resolutions or
orders or parts thereof to the ex.
tent that same may be in conflict
herewith are herel>y repealed.
Adjourned Special Session, April 16, 1973
219
Passed, and approved, this 16th
day of April, 1973.
Louis C. Burett
Chairman, Board of Su-
pervisors
Leo N. Sehueller
Member, Board of Super-
visors
Ray Seherrman
Member, Board of Super-
visors
A-'ITEST:
Harold P. Meloy
Dubuque County Auditor
CERTIFICATION
State of Iowa" \
County of Dllliuque J ss:
This is to certify that the "hove
and ,foregoing resolution is a true
and correct copy of a resolution
passed and adopted by the Board
of Supervisors of Duliuque County,
Iowa, meeting in regular session
on the 16th day of April, 1973.
In Testimony whereof, witne.. my
hand and the seal of Dubuque
County, Iowa, this 16th day of A-
pril, 1973.
Harold P. Meloy
Duliuque County Auditor
Councilman Thoms moved that
the resolution lie received and
made a matter of record. Second-
ed by Councilman Moldenhauer.
Carried liy the following vote:
y..........Mayor Bilter, Councilmen
Moldenhauer, Pregler, Thoms,
Nays-None.
Absent-Councilman Justmann.
RESOLUTION NO. 132.73
BE IT RESOLVED liy the City
Council of the City of Duliuque,
Iowa, that the foltowing having
complied with the provisions of
law rela!in¡g to the sale of Cigarel-
teswithin the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Ronald Adams, 535 Hill Street.
BE IT FURTHEm RESOLVED
that thelionds filed with the ap.
plieation be approved.
Passed, adopted and approved
this 16th day of April, UI1S.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayoe A. Moldenhauer
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
liy M,ayor Bitter. Carried by the
following vote:
Yeas-Ma'yor Bitter, Councilmen
Moldenhauer, Pregler, Thoms.
Nays-None.
Alisent-Councilman Justmann.
RESOLUTION NO. 133.73
WHERE;\s, applications for Beer
permits have been sulimitted to
this Couocil for approval and the
same have been examined; NOW
THE'REFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following appliea-
tions be granted and permits is-
sued upon the compliance with the
terms of the ordinances of the
City.
CLASS "C" BEER PERMIT
Palmer Drug Company, 2600 Dodge
Plaza 20
Carl Van Duelman, 590 Clarke
Drive
Passed, adopted and approved
this 16th day of April, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wa'yoe A. Moldenhauer
Couocilmen
Altest:
Leo F. Frommelt
City Clerk
Couocilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Bitter. Carried hy the
following vote:
Yeas-Mayor Bitter, Councilmen
Moldenhauer,Pregler, Thoms.
Nays-None.
Absent-Couocilman Justmann,
RESOLUTION NO. 134-73
WIIERE;\S, applications for Beer
permits were filed liy 'the within
named applicants and they have
2iO
Adjonrned Special Session, April 16, 191.3
received the approval of this Coun-
cil; and
WIHE,ftEAS, the 1"'emises to be
occupied hy such applicanu. were
inspected and found to comply with
the ordinances of this City and
they have filed proper bonds;
NOW TImREFORE BE IT RE.
SœNED lif the City Council of
the City of Dulillque, Imva, that
the Mana,ger be authorized to cause
to be issued to the f.ollowing named
app1icauts a Beer permit.
CLASS "C" BEER PERMIT
Palmer Drng Company, æoo Dodge
Plaza' 20
Carl Van DuelmaÐ;, 590 Clarke
Drive
Passed, adopted and approved
Ibis 1&th day of April, 19'11!.
J~ J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
Couneilmen
Attest:
Leo F. Frommell
City Clerk
CounciIm:m Pœgler moved adop-
tion of the resolution. Seconded
by M'ayor Bitter. Carried by the
following vote:
Yea's-Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thoms.
Na)'B--,
Absent--Councilman Juøtmamt.
RIõ5O'LUTICN MO. 135.73
WHERE;\S, applications for Li-
quor iicoeI>ses have 'been sulimitted
to this CollDCil for approval and
the !HIme have been examined,
NOW THEREFO'RiE BE IT RE-
SOLVED liy the City Council of
the City of Duliuqne, Iowa, that
the following applications he grant.
ed and licenses issued upon the
ooDIPl1ance with the terms of the
row"- LIQUO1t CON'I1ROL ACT-
CHAPTER 1M-as amended by the
64th General Asseml>ly, 197!1.
CL.A5S "C' (COMMEACIAL)
BEER LIQUOR LICENSE
The Dungeon, Ltd., 3Q2 Lðcust
Street
Ma"",,'.., Inc" I!IO2ZCeUtt1II Avenue
IJorntky R, -...., 31012 Central
Av,""",
'Pa.sed, adopted and approved
UIis I&th day <>'f April, _.
Joseph J. Bittel.'
Mayor
Walter A. Pregler
Allan T. TIIoms
W~ A. Moldenhauer
Cow1cilmen
Attest:
Leo F. Frommell
City iOIezk
Councilman Pregler moved adop-
tion of the resolution. Seconded
liyMayor BitteT. Carried by the
following vote:
Yeas-Mayor Bilter, Councilmen
Moldenhauer, Pl'fIIœr,'£homs.
Nays-None.
Alisent-Councilman Justmann.
RIiSOLUTWN NO. 136-D
WHßREAS, JIIIPlieatiOÐs tor Li-
quor Iie"""es wer" füed by the
within named appJicallts aad they
have received the approval of this
Council, and
WHEREAS, the pl'Omises to lie
""œpied hy ..... appüeants were
inspected and found bJ comply with
the State Law and a.1l Cit1 <I1'di-
nances relevant thereto md -they
have filed proper 1ioJids,
NOW 'l1IIEREFORE BE IT RE-
SOIJVEID by the CIty Council of
D"lillque, Iowa, tàat the Manager
be authorized tø cause to be is-
sued to the foi1owing named appli-
cants a liquor license.
CLASS "C'" {COlllME'RC'lAL)
BEn LIQUOR U'ŒN5E
The Doogeun, Ltd., Sl'å " LooIIst
Street
Marro's, Inc.. = Central Avenue
Dorothy R. Hentges, = Central
Avenue
Passed, a4opted a'" IIPProved
tis 16th daY of ApDI, 1911.
Joseph J. Bitter
lliayor
Walter A. Pre¡ ler
.wan'l'. TloI8u
Warne A. ,JloIdoIIIoauer
C6uneilmen
Atlest:
Leo F. Frommelt
City Clerk
C.I>DciJm.. PreglerIm>ved adop-
tiOIl .of the resolution. Seconded
liy Mayor Bitter. Carried by the
following vote:
Yeas-Mayor mtær, Councilmen
MolðenhllUl', Pregler, Thœn.s.
Nays~NI>ne.
A:1i sent-Co uncilmætJus tm ann,
Adjourned Special Session, April HI, 1973
There beins no fwther business
Coancilm... Pregler moved to ad-
joan¡. SecODded by Mayor Bit.
ter. Carried tiy the following vote:
Yea-s-Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thoms.
Nays-None,
Absent-Councilman Justmann.
Leo F. Frommelt
City Clerk
Approve4 """"""""""""""""" 1973
A.dep$ed ......--..................... 1873
..........................................................
..........................................................
..................................................-.....
....-...................................................
..-................-...............................
Councilmen
Attest: """"""""Ciï;:"ëï;t..............
- - - -
221
Special Session, April 23, 1973
223
Special Session, April 23, 1973
Printed Council proceedings for
the months of Jantlary and Feb-
ruary 19'/3, presented for appro.
val. Councilman Moldenhauer mov-
ed that the minutes for the months
of January and February 1973 he
approved a. printed. Seconded liy
Councilman Pregler. Carried by
the follOWing vote':
Yea8-'-MayorBitter, Councilmen
Justmann, Moldenhauer, p..gler,
Thoms.
Nays-None.
222
hauer. Carried by the following
vote:
Yeas~Mayor Bitter, Councilmen
JustmaJlIl' 'Moldenhauer, Pregler,
Thoms.
Nà,ys-None,
2) Prep""e plans and application
for federal assistance.
C) Prepare for the City Takeover
of Interstate Power Bus Syatem
It is recommended that inslruc.
tioo be given, to the city staff
to work out all the transfer details
and ready the transaclion for cow..
cil approval.
D) Develop with Interstate Power
Company a P--sal for Continuing
Bus Operation to Year End
It is ,lielieved that the intervening
time will .be necessary to adjust
the present bus system and trans.
fer It to municipal operation. It
is recommended that such an a.
greement be made with the com-
pany.
E} 'Explore and Develop Alterna.
tive Plana
It is recommended that a' variety
of actions be explored, for' exa'm-
pie:
1) Support pass~e of present
state legislation~ .. bill, senate file
#448, enaliltng lwo agenèiea of gov-
ernment to take over a bus sys.
tem without an election.
2) Explore the poss;liility of pri.
vate lius "peration in th,e city.
3) Explol'Othe possibility of star.
ting a new bus system.
This letter in the form of a
recommendation is, ,in fact, a lirlef
sta'ff report to the council and
the pulilic ahout bus service in
Dubuque.
Gilbert D. CbaveneUe,
City Manager
Mayor Bitter moved that the co.
mmunication be received and filed
and set the matter down for a
work session May :Lst, at 7:30 P.M.
se£oD,ded liy Councilman Thòms.
Carrièd by the foUowing vote:
Yea8-'-Mayor Bitter, Councilmen
Juslmann, Mo~denhauer, Pregler,
T\10J1ls.
NaY8-'-None,
CITY COUNCIL
OFFICIAL
Special session, April 23, 1m.
Council met at 7:30 P.M. (C.S.T.)
Present - Mayor Bitter, Coun-
cilmen Justmann, Moldenhauer,
Pregler, Thoms. City Manager Gil.
bert D. Chavenelle.
Mayor Bitter read the call and
stated that service thereof had
lieen duly made and this meeting
is called for the purpose of amend.
ing zoning Ordinance No. 3.34 by
repealing Section 1 of Article VA
thereot and enacting a neW Sec.
tion 1 of Article VA In lieu there-
of to permit the location of a
tavern in a cafe or restaurant
operating as such at least three
years prior to effective date hareof
and acting upon such other liusi-
ness a. may properly come liefore
a regular meeting of the Council.
Mayor Bitter and his wife were
in Wa.shington during the past week I
and received the following citation
and award which he presented to
the Council and which reads as
follows: Municipal Landseaping
Award presented liy the American
Association of Nurserymen Inc. to
City of Duliuque, Iowa, in recog-
nition of achievement in landscap-
ing and beautification of Town
Clock Plaza, April 12, 1973. Signed
by Patricia Nixon and Kenneth
J. Altorfer, President.
Minutes of the Human Rights
Commission of their meeting of
April 12th, presented for the re-
cord.Councilman Moldenhauer I
moved that the minutes lie re-
ceived and filed. Seconded liy
Councilman Pregler. Carried liy
the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
NaY"-Noue.
Minutes of the Low Rent Hous-
ing Commission of their meeting
of April 17th, presented for the
record. Councilman Moldenhauer
moved that the minutes be re-
ceived and filed. Seconded liy
Councilman Pregler. Carried by
the following vote:
Yea8-'-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
NaY8-'-None.
April 20, um
To the Honorable Mayor
aM . City COuncil
. During the course of several
u.~etings, Mr. Dittemore, Mr. Ti.
ialsky, Mr. White, Mr. Russo, Mr.
lI6cbér and ,myself' investigated
requirements for continuing lius
flÞeration, in the City of Duliuque.
We . have reviewed the relevant
state law. We have contacted the
feileral ,government IInd explored
the possibility of federal funding
assistance. We have talked to se-
veral transporlation en«ineers and
reêmed frOm them information
ahout planning and developing a
lius system. We have talked to
Mr. Dyer and Mr. stoppelmoor
ahout'the Interstate' Power COm-
päny . hus Q >8ration.
We '!lave a1Io made two pre-
sumptions;
first, that the citizens of Du.
b\lquelhould !I."e bus transporla.
1Wn service; and secolld, that such
tr~tion service can he ope.
rated ODd maintained within the
~ ç¡¡paþÍJj.ty of the city.
Bazed on OJl1' work to date, and
on the idea of the need for lius
service, I recommenli that the fol-
lowing program lie carried out:
A) Hold an Election on the Pro.
position of the City O Oerati... the
Bus $t,rvic.,
May' 4, !iPècial c.ouncil meetiDg;
council aliopt resolution calling for
election.
lune 5, Election, The election
process ODd d,ate has been investi-
g,ated, bY ¥r. Frommelt and Mr.
a...... with ¥r. Meloy. It is pro-
poøed that infonna,tion be develop-
ell Jar _tttlOll to civic goups
e!IIIi thtt a -eitiIIen commltt,ee be
organized to _ist in the conduct
of the cam,Paign,
B) EntIa.. a Transportation Con.
sultant
It is recommended that a tran-
sporlation consultant be engaged
inllnei!iate!y and directed to:
1). Develop .a plan' for the city
Q >8ration of the Interstate Power
Company bIB! system.
Apr\l ).9. um
Honoralile Mayor and
Memlie1'S of the City Council
'ThIs Is to advise that 1 ha..e
approved the following honds and
desire to have your approval of
same.
SIDEWALK CONSTRUCTION
BONDS
Schwer. Conalruction Co., 1.1 e r-
chants Bonding Co. #242528.
John P. Weiter Sons, Western Su-
rety Co" #5Qæ287.
Husemann Concrete Contractor,
Merchants Mutual Bonding Co.
#202219.
Edwards Construction Co., Mer.
cbants Mutual Bonding CO.
#185166.
Gi!hert D. Chavenelle
City Manager
Councilman Pregler moved fil-
ing approval on the lionds subject
to approval of the City Solicitor.
Seconded liy Councilman Molden.
hauer. Carried liy the following
vote:
Yeas-Mayor Bitter, Councilmen
Moldenhauer, pregler, Thoms.
Nays-Councilman Justmann.
April 16, l673
To the Honoralile Mayor
and City COuncil
A request has lieen received for
additional street lighting on Valen.
tine Drive.
The area has lieon investigated
liy the electrical inspector and it
is recommended that a 175 watt
mercury vapor fixture lie installed
on a wood pole at the southwest
corner cumline 01. 990 Valentine
Drive.
April 19, 1973
To the Hl>nQrable, Mayor
and City Council
I herewith 8ulimit the monthly
reports for Ma...,h l673 of the City
Treasurer and Health Department,
qua,rterly report of the City Audi-
tor, as well as '" li61 of claims
paid.
G¡¡¡¡ert D. Chavenelle
City Manager
Councilman Pregler moved ap.
proval of the recommendation. Se-
conded liy Councilman Molden-
Gilbert D. Chavenelle
City Manager
""~
29f
Special Session, April 23, 19'73
COuDciIman J,_ann m 0 v e d
tba,t the repørœ be r"""l~ aad
flied. Seconded tiy CouneiIman Pre-
rlér. Carried by the following vote:
Yeeø-Mllyor Bitter, Councilmen
JII!tm....., lIoldt!llha-, Pregler,
Thmtts.
Ifay.....Nolle.
April JII, 19711
JI<moraI:Ile Mayor """ City 00uDcII
On Maréh M, 11m!, Jolm C. Me-
Gh8e of 13IU Jlid- SlZeet, Mid-
cIWri8, Wi......... filed claim a-
galut tile ~ of Dù"- 10-,
in tile estimated IIJIIQUIIt of $128..
ud 8ll8 Jiag said daJnages aeeur-
red on Fobma..,. 5, 1Øl2 to his
motor vehicle as the result of strik-
i8« poIIIola ad a pntrwIIiø& M-
bole cover on Sixth Street near
!he parking ramp GD :Iowa SWeet,
au oity.
Thi. matter was referred to tile
City Atto<ney 'Wbo had made an
imestigllÜon tllereof and iIaa c0n-
ferred with the City of Dubuque
Street Department, and claimant
has made an Gffer of settlement
ilL the amount of $lŒ.411 and in
view of the foregoing, It It Is the
recommendation of the City At-
torney that said aHer of settlement
lie accepted and that the City Au.
ditor be I--d to draw warrant
pilyàl>1e to JClhn McGhee iB the
amount of $11!8,49 and transmit
same to the City Attorney for de-
livery upon receipt of duly ueeut-
ed releu....
Original claim I. retnrned here-
with.
R. N. Ruso
City Attorney
CoUIlCilman Pregler _ed ap-
proval of the recommendation. Se-
conded liy Councilman Thoms. Car-
ried liy the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pre~r,
Thoms.
Nays-None.
Notice of Claim of Thom... II.
Brimeyer, in the amount of $400.
for car damage iDcurred ... the
r...n1t of said ear being struet
hy a _tow on April 9, :urm
at the corner of Loras " Cummins
Streets', presented and read. Conn-
cilman Pregler moved that the not-
ice of claim be referred to the
City Solicitor for Investigation and
report. Seconded by Councilman
Thoms. Carried liy the following
VGte:
Year>-Ma1'lr Bitter, ComIcilmen
Justmann, Moldenhauer, P~ler,
Thoms.
Nay.o-Nme.
Notice of Claim of Joseph R.
~y, in an undetermined amount,
for car damage incurred as the
rei1lIt of said car being struck
by a snowplow on April 10, 1m
on Quigley Lane,presented and
read. <:ounellman PregXer moved
that the notice of claim he referred
to the City ,Solicitor for inves!iga-
üon and report. Seconded liy COun.
cilman Tho"",. Carried by the Ion-
~ vote:
Yeas-1úyQr Bltte.-,Couneilmen
JustmaJlil, 'MoldeÐhaner, Pre¡¡ler,
Thoms.
Nays>-None.
NetIce of claim of Bollen J.
Arensdorf, in the amount of $81.88.
for camper damage reeeived ...
the result of a closing gate falling
on same in the Iowa Street Pad:-
iIIg Ramp "" April 16, 1S13, pre.
sented and read. CouneIlman Preg.
Ier moved that the notice of elolm
lie referred to the City SoJicitor
for in_tigaticm and report. Se-
conded liy Councilman Thoms. Car.
ried l>y the fo~ vole:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
ORDINANCE NO. 17.73
An Ordinance amending 0 r d i.
nonce No. 3.34 -- as the zoning
ordinance and the Zoning Map of
the CIty of Dubuque, 10- by ....
pear.... _tion , of Artiète VA
thereof and' --I " - --
lion 1 of ArtIcle VA In - thereof
to _it the IocoIlen of a tavem
in a car.. er rHfa...aftt _oting
as -" at least three y.... prier
to effectiYe date hereof, said Or.
dinance having been. pre 'riously
presented and read at tile Council
meeting of January 29,Mareh 12,
April 16 presented for final adop-
tion.
Conncilman Pregler IIIaVed that
ðe lilies besuspencled iB order
to let anJODO preaent address the
Council if they so desire. Seconded
Special Session, April 23, 1973
by COuncilman Koldeaha¡¡er. Car-
ried by the following vote:
Yeas-Mayor Bitter, COuncilmen
J~, Muldenbauer, PregXer,
Tholl14l.
Nay--None.
Attol'l1ey J. Wilson Mi>Caflister
slated that his e1ieat Mr. Lang..
is not ,seeking " .pecial favor ...d
he Ohouk\ be granted the same
rilht as ....,.,... ~ under the
Ordinanee.Phil Langas, & George
Langas also addressed the Council
with refertmee .. the Ordinance
at great Ie&th. Councilman Thoms
-ell tIIat the 1'Ideebe reimposed.
Seoon4ed by Mayor Bitter. Ca.rr.ied
by the followiag vote:
Yeaa-Mayor Bitter, Councilmen
¡-ann, Moldenhauer, Pl'IIIier,
'lbo.s.
Iboyc...None.
225
Po..... aPProved 'nd ado,l,d !hi.
.... dar of A...II. 1973.
J"..h J, BI«"
May..-
~~r.~T%~~:"a,""
Councilmen
ATTEST,
y&F.
pu':¡;"
H"a"
_III'
In Tho rO""ooh-
Ihl$ ",. .Oy 01
" ~II:-CI~;~,mmOll
It,"'"
COtmcilman Justmann moved fin.
al adoption of the OrdInance. Se-
conded by Councilman Moldenhau.
er. Oarried by the following vote
Yeas-Mayor Bitter, Councilmen
Justmaoo, KoldenJJauer, Thoms.
NaYs-Councilman Pregler.
An Ordinance Amending Ordi.
nonoe He. 44J! by r~1niI _.
lion 4 tItereef and -dine " -
--. 4 in lieu theroef to' IN'Ovida
..., the locatiGn of the _mi-
of a Cia.. "Bu Beer "'rmit within
II local Min.." "A" Diot,,¡ct Class.
¡fiRStion,
presellted and read.
Councilman Pregler moved that
the reading just had lie eons.id....
ed the first reading 01. the Ordi.
nance. Seeonded by Councilmen
Moldenhauer. Carried by !be foli.
owing vote:
Ye_Mayor Bitter, COnnell-n
Justmann, Moldenhaner, P>ecler,
Thoms.
Nays-None.
COtmciiman Pregler moved that
the rule requiring an OrdInaooe
to be read on three separate day.
be waived. Seconded by COuncil-
man Moldenhauer. Carried liy the
following vote:
Yea--Mayor Bitter, Councilmen
Justmaoo, MoldenJJauer, P>e¡ler,
Thoms.
Nays-NOne.
CowtciImu Prðller mom thM
. public hearin¡ be I1eld on the
Ordinanee on May 14, 1973, in the
Council Chamw at the Cii7 Hall
and that the City ClerIo: be Instruet.
ed to PIIbJioh DOtice of the heariJIg
in the manner required by ¡"w.
Seeonded by Co1UlciIman Molden-
hauer. Carried liy the foltowing
vote :
Yeas-Mayor Bitter, Counciimen
hRmann, M~enhner, ~I~
Thoms.
N8Y8--None.
~1iB :,t~tf~¡;~~~?Yó~r~
..=1"'.. ~o~e ¡~
... """ CII. 01 Do.
=:n', g:=
~A-n.: Ic,"
"ARTICLE VA
LOCAl BUSINESS DISTRICT A
"";00 .. USE REGULATIONS,
No build" .,om- ,hall ..
bulOdi.. ... "'ue"",,
" olio od 10 .. ...d
lhon".~
f.:, ...,....., coo
Itl JI:""-~~I!!!_." a Multl,lo
Ib)
"'a. ,..
,'" "'oil
bu,"'"
In a low...
,"d !o"'o
. ,!'Om""
., " '0'0
."", '0 Of-
ood '" no
'oml... bo
... boyo"
,,'. ..-..., ...am o! limo"
I..uooco of IIcoo'" to ... ood
!hOf '" charoct" o. 0 nolghbor-
hood ",Ia....f ... - ond 'ov-
Ic) ... ~ ....--...
226
Special Session, April 23, 1973
April 19, 1973
Honorælile Mayor and Couocilmen
The City Planning and Zoning
Commission has beld a pul>1i<: hear- I
ing on the petition of Mr. Charles
Egeibof to include property locat- ¡
ed at the southwest corner of lØth
and Bluff Streets in subsection (i)
of Article IV, Section 2 of the
City of Duliuque Zoning Ordinance.
This property is legally descrilied
as the easterly ]ill; feet of Lot
760 in McDaniel's Subdivision of
town lots in the City of Dubuque,
Iowa, and the proposed ordinance
amendment would permit the pro-
pert:!' to be used for off-street park-
ing within a Multiple Residence
zootng district. .
Notificatioll of the propos e d
cIw1ge was sent' liy certified mail
to 15 owners of nearliy property.
The.. was no oral or written Ob-
jeetion to the proposal
TIle Commission bas determined
that the use of this property for
an off-street parkIng lot wiR not
contribute to traffic prOblems in
the area and is an appropriate
use for the property. It is the
recommendation of the Planning
and Zoning Commission that the
petition lie approved.
CITY PLANNING AND ZONING
COMMISSION
Daniel Dittemore
Development Planner
Councilman Pregler moved that
the communication be received and
filed. Seconded liy Couocilman
Justmann. 'Carried by the follow.
ing vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
An Ordinance Amending Ordi.
nance No. 3-34 known as the "Zon.
ing Map and Zoning Ordinance of
the City of Dubuque, lowa" by
amending Article IV, Section 2,
subsection Ii) thereof to include
certain described real estate to
permit off street parking, present-
ed and read.
Couo.ilman Pregler moved that
the reading just had lieen consider.
ed the first reading of the Ordi.
nance. Seèonded by Oouocil man
Justmann. Carried by the following
vote:
Yeas-Mayor Bitter, Couocilmen
I Justmann, Moldenha:úer, Pregler,
Thoms. .
Nays-None.
Councilman Pregler moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded liy COuncil-
man Justmann. Carried liy the fol.
lowing vote: .
Yeas-Mayor Bitter, Couocilmen
Justmann, Moldenhauer, Pregler,
Thoms. .
Nays-None.
Couocilman Pregler moved that
a public hearing be beld on the
Ordinaneeon May 21, 19'13, in the
Council' Chamber at the City Hall
and that the City Clerk be instruet.
to puliiish notice of the hearing
in the manner required. liy law~
Seconded liy Couocilman J u.t-
mann. Carried by the following
vote:
Yeas-Mayo< Bitter,Co\ßlCilm,en
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None,
ApriJ. 19, 1975
Honorable Mayor and Couocilmen
The City of Duliuque Planriing
and Zoning Commission has held
a public hearing on a proposed
amendment to the Zoning Ordi-
nance to clarify a prohiliition on
the use of premises in a Loeal
Business "B" District for estab.
lishments described as 'adult en-
tertainment' or 'adult hookstores'.
The Commission has determined
that the effect of the ordinance
is consistent with the general'in-
tcnt of the Local Business "B"
cla'ssifications and that the amend.
ment is appropriate in light of
the changing legal circumstances
surrounding t.Iili; type' of 'use. It
is the recommendation of the Plan-
ning and Zoning Commission that
the ordinance amendment lie adop-
ted.
CITY PLANNING AND ZONING
COMMISSION
Daniel Dittemore
Development Planner
Couocilman Justmann m 0 v e d
that the communication lie receh'.
ed and filed. Seconded liy Couocil-
man Moldenhauer. Carried liy the
following vote:
Yeas-Mayor Bitter, Couocilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
Special Session, April 23, 1973
An Ordinance Amending and I Councilman Moldenhauer moved
'changing Ordinance No. 3-34 known that the rule requiring an Ordi.
as the "Zoning Ordinance and Zon. nance to lie read on three separate
ing Map of the City of Dubuque, days be waived. Seconded liy May.
Iowa" so as to add a new subsec. or Bitter, Carried by the following
tlon (k) to Section 1 of Article vote:
VB to clarify a prohibition on the Yeas-Mayor Bitter Couoci1men
use' of any premises In a local Justmann Moldenha~er Pregler
business "B" district for places Thoms. ' "
com~only described as adult en. Nays-None.
tertamment, presented and read,
Couocilman Pregler moved that Councilman Moldenhauer moved
the reading just had been consid- that a public hearing be held on
ered, the first reading of the Or- ~e Ordinanc~ on June 4, 1973,
dinance Seconded hy Councilman In the Council Chamber a,t the
Moldenhauer. Carried liy the foil. City Hall and that the City Clerk
owing vote: be instructed to puliiish notice of
Yeas-Mayor Bitter Councilmen the hearing in the manner required
Justmann, MOldenha~er, Pregler, by I~w. Seconded by ~ayor Bitter.
Thoms. Carried by the followmg vote:
Nays-None. Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Councilman Pregler moved that Thoms.
the rule requiring an Ordinance Nays-None.
to be read on three separate days
be waived. Seconded by Council- RESOLUTION No. 137.73
man ~oldenh~uer. Carried by the I WHEREAS, the City of Duliuque
followmg vote. . . has applied to the Iowa State ffigh-
Yeas-Mayor BItter, Councilmen way Commission for funding of
Justmann, Moldenhauer, Pregler, the University Avenue reconstruc.
ThNom~. ~, tion project under the Federal TO-
aY~,one. PICS Program.
Councilman Pregler moved that WHERE;\S, the Iowa State ffigh-
a public hearing lie held on the way' Commission has reviewed the
Ordinance on May at, 1973, in the application and is reques,ting Fed-
Council Chamber at the City Hall eral ffighway Administration ap-
and that the City Clerk be instruct. proval of the Location and Desligo
cd to publish notice of the hearing Study.
in the' manner req!'Ù'ed by law. WHERE;\S, it is required by the
Seconded hY, Councilman Mold~- Federal ffighway Administration
hauer. Carned liy the folloWIIIg that P"lilic Notice be given that
vote: the Iowa State ffighway Commis-
Yeas-Mayor Bitter, Councilmen sion is applYing for approval of
Justmann, Moldenhauer, Pregler, the Loca-tion and Design Study,
Thoms, NOW, therefore, lie it resolved
NaYs-NOÐe. by the City Council of the City
An Ordinance Vacating Lot 2 of Duliuque, Io~a, ~at ~ City
of 2 of Randall's Sub. Within the Clerk shall pulilish &aId n.~tice, a.s
RlW of HIIf"ways S2 and 61 end sh~wn on the attached Exhiliü
151 and Kerrigan Road and direct. A.
ing the Clerk to publish notice Passed, adopted, and approved
of Intent to dispose of city In. this 2iIrd day of ApriJ., 19'13.
terest, presented and read. Joseph J. Bitter
Councilman Moldenhauer moved Mayor
that the reading just had be Walter A. Pregler
considered the first reading of the Allan T. Thoms
Ordinance.' Seconded by Mayor Bit- Wayne A. Moldenhauer
ter. Carried liy the following vote: C. Robert Justmann
Yeas-Mayor Bitter, Councilmen Councilmen
Justmann, Moldenhauer, Pregler, ATTEST:
Thoms. Leo F. Frommelt
Nays-None. City Clerk
227
228
Special Session, April 23, 1973
"EXHIBIT ""
STATE OF IOWA
COUNTY OP DUBUQUE
Official notIce of "Location and
Deslg,," eppro"a' request In RE:
Proposed design of TOPICS Pro-
ject Number T435.1f(3)-46-æ, Uni.
_lily Avenue widening and re-
construction.
To Whom It May Concern:
Notice is herel>y given to all
interested persons that the Iowa
State Highway commission i. re-
questing "Location and Design"
approval from the Federal High-
way AdmiDistration On the ahove
described project as follows:
LoCltlon and Description
The proposed project includes the
widening and reconstruction of Uni-
versity Avenue heginnlnig approxi-
mately at the in_tion of Loras
Boulevard extending westerly and
ending approximatety at the inter-
section with Gilliam Street. The
improvements will provide f 0 u r
throach traHic lanes. Right-of.way
aeqlJisitillDs are not required. Traf-
fic oI&nal installa,tiona and-or re-
visions are not includod in the
project.
Drawings and specifieatloJlt' ate ,
pUblicty availdlle in the EnJineer- !
ing Department, City Hall, J>uI>u.
que, IOwa.
Leo F. Frommelt
Cíty Clerk
Dubuque, Iowa
Councilman Pre¡ler moved adop-
tion of the resolution. Seconded
hy Mayor BItter. Carried hy the
following vote:
Yeas-Mayor Bitter Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nay~None.
RESOLUTION Ne. 138.73
BE IT RESOLVED by the City
CounCil of the City of Dulinque,
Iowa, that the following have com-
plied ,with the provioions of law
relating to the ..Ie of Cig...-etles
within the City of Duhuque, Iowa,
be granted a permit to sell Ci-
garettes and ,Cigarette papers with-
in said City.
Mary A. Miller, 700 East 1ßth
Street.
Leonard H. '" Betty L. Crane, 224Ii
J. F. Kennedy Road.
,BE IT FURTHER RESOLVED
that the bonds med with the appli-
cation lie approved.
Passed, adopted and approved
this 23rd day of April, 18'13.
Joseph J. Bitter
Mayor
Wa1te1' A. pregler
Allan T, Thoms
Wayne A. Moldenhauer
C. Roliert JUlltmann
COuncilmen
Attest:
Leo F. Frommelt
Oity Clerk
Councilman Moldenhauer moved
adoption of the resolution. Second-
ed by COunclbnan Progl..., Carried
liythe following v<>te:
Yeas-Mayor Bitter, Connoilmen
J1Istmal'm, MIIldenhauer, Pregler,
Thoms.
Nays-None.
RESOLUTION No. 139.)3
WHEREAS, applicalilans for Li.
quw lieense. halVe been IIIhmitted
to this Council for approval end
the same have heeJ1 eumin8d.
NOW THEREFORE BE IT 1tE.
SOLVED liy the City CounåI Of
the Ci~ of Duliuque, Iowa, that
the followiDc a~aUona be I1'IJIt.
ed and licenses issued - the
compliance with the tenna of the
IOWA LIQUOR CONTROL ACT-
CHAiPTER 1JIl-as amended liy the
Mth General Assembly-, 19'1'1.
CLASS "C" (COMMERCIAL)
BEER LIQUOR LlCEHSI!
Raymond Ney,:!18I! Central Avenne
Leonard H. '" Betty L. Ci'lIIle, ZM5
J. F. Kennedy ,Road
Leona R. Friedman, 620 Ea!Ot Iðth
Street
Mary A. Miller, 700 East 16th
Street
pasoed, adopted and appro\led
this ærd day of April, 1m.
Joseph J. Bitter
Mayor
Walter A. Pregler
A11an T. 1'\Ioms
Wayne A. Moldellhauet
C. Roliert Juatmann
coun.c:i\lllen
Attest:
Leo F. Frommelt
City Clerk
Councilman Moldenhauer moved
adoption oftlae resolution. Second-
ed by COuncillllart Preder. Carried
by the tol1owinlt vote:
Yeas-Mayor Bitter, councilmen
Justmann, MOldenhtuer, Prel!èr,
Thoms.
Nays-None.
Special Session. April 23, 1973
Z29
RESOLUTION No. 140.73
WHERE;\s, applications for li-
quor licenses were filed liy the
within named applieants and they
have received the approval of this
Council, and
WHERE;\S,the premises to be
occupied liy such applicants were
inspected and found to comply with
the State Law and all City ordi.
nances relevant thereto and they
have filed proper bond.,
NOW THEREFORE B'E IT 1tE-
SOLVED liy the City Council of
Duliuque, Iowa, that the Manager
be authorized to cause to be issued
to the following named applicants
a Liquor license.
CLASS "C" (COMMERCIAL)
BEER LIQUOR LICENSE
RaY'mond Ney, 2l86 Centra[ Ave-
nue
Leonard H. & Betty L. Crane, 224Ii
J. F. Kennedy Road
Leona R. Friedman, 620 East 16th
Street
Mary A. Miller, 700 East 16th
Street
Passed, adopted and approved
this 23rd day of April, 1973.
Joseph J, Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayoe A. Moldenhauer
C. RObert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Moldenhauer moved
adoption of the resolution. Second-
ed hy Councilman Pregler. Car-
ried liy the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
RESOLUTION NO. 141.73
WHEREAS: Anne"ation has lieon
reviewed and cliocussed jointly by
the City Council and the Planning
and Zoning Commission, and
WHERE;\S: There exists sever,,1
areas on the perimeter of the City
that require orderly planning and
development. and
WHERE;\s: These same areas
pose a potential prolilem or hazard
to the orderty lII'owth and develop.
menl of the City of D1>buque, end
WHEREAS: The City Council de-
sires to lea-v. its llltentlons open
to pulilic review,
NOW THEREFORE BE rr RE.
SOLVED BY THE CITY COUNCIL
THAT:
Section 1. The compilation of an
annexation policy is deemed nec-
essary and desh-eable.
Section 2. The best interests of
aU parliea concemed sbo1ald be
informed of our intentions.
Section 3. The Planning and Zon-
ing COmmission is herehy tequœt-
ed to draft and adopt an annexation
policy, and forward the same to
'City Council for their action.
Section 4. The policy and the
area 110 be annexed should be mod-
, erate and well within the capaliili.
ties of the City of Dubuque to
adequately service.
Pas'sed, adopted and approved
on this ærd day of April, 1B73
A.-D,
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. 11Ioms
Wayoe A. Moldenhauer
C. 'Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop.-
tion of the resolution. Seconded
liy Councilman Justmann, Carried
by the fol1owing vote:
Yeas-Mayor Bitter, Councilmen
Justmann,Moldenhauer, Pregler,
Thoms.
Nays-None.
Mayor Bitter moved for appoint-
ment of David F. Setter to the
Board of Zoning AdjU<ltment, for
a five year term to 3-ð-78, to re-
place Lester J. Streinz. Seconded
liy Councilman Thoms, Carried liy
the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
There being no further liusiness
Councilman Pregler moved to ad.
Special Session, April 23, 1973
230
ourn. Seconded by Mayor Bitter.
Carried liy the following vote:
Yeas - Mayor Bitter, Council-
men Justmann, Moldenhauer, Preg-
ler, Thoms.
Nays-None.
Leo F. Frommelt
City Clerk
Approved .................................. 1973
Adopted .................................... 1973
.......;....................................................
..,................................,........................
............................................................
.,...,......................................................
......,...."...............................................
Councilmen
Attest: """ëiÏŸ'(:ii~~i""""""""""""
Specia1 Session, April 30, 1973
231
CITY COUNCIL
OFFICIAL
Special SeRion, April 30, 1973.
Council met at 7:30 P.M. (CD:r)
Present_avor Bitter, Council.
men Justmann, Moldenhauer, Pre-
gler, Thoti.s. City Mana..r Gilbert
~ Ch."enelle.
Mayor Bitter read the call and
stned that servicetbereof had been
duly made and, this meeting i"
called for the purpose of Consider.
i... an "."M of contract "'r the
cOnetruction of the 1f73 Asphelt
Paving Proiecttlo.l Bad acting
upOn such' other Ii...meal! aamay
properly eOme !Jefon! s reþlsr
mee1ùJg of the Council; ,
Minutes of the PlallDillg Ii Zein.
ing 'Colll1nimon of their méêtþJg
of ' April 4, 19?3,presented for'thè
record. Ma:Yl>l' Bitter moved that
the miIII1tes be received and filed.
Seconded 'liy Councilman Mo1den-
hauer. Carried by the following
vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Tholll$.
Nays-None.
COaRll1l11ieationof Duliuque Buil.
ding and CoßatruetIon T r'a des
ComIcil reeommending :umexation
of the Proposed site for the con-
struction of the Ramada Ino, pre-
sented and reed. 'Hayor Bitter mo-
ved that the communication be
received and tiled. Seconded liy
Councilman, Pregler. Carried liy
the following vote: '
Yeas-Mayor Bitter, Councilmen
Justmann, MoJ,denbauer, Pregler,
Thoms.
Nays-None.
Communication of Attorney Will.
iam A. Conzett, requesting nn tie--
half of Elmer Burkart, that in
granting any 8nneJUitioo to the Ro-
mac, property that a stipulation
be ineluded that a water drainage
problem be IiOlved and that the
appropriate City departments he
alerted to the problem, presented
and read.
Mayor Bi1ter moved that the
co' m municatioo be r""",'Ved and fil-I
ed referred to the staff. Seconded
by Councilman Preg1er. Carried
by the followinl' vote: , ,
Yeas-Mayor Bitter, Councilmen
Justmann, MOldenhauer. Pregler;
Thoms.
Nays-None.
Proof of PuliUcation, certified to
by the Pulilisher, of Statement of
Receipts, Disbursements and list
of clsims for the month of March
1973 presented and read. Council-
IlIaD Pregler moved"that the proof
of publication lie receive¡l and fil-
ed. Seconded by ConncilJllan Mol.
denhauer. Cartie¡l by thè following
vote:
Yeas-May",. Bitter, Councilmen
Justmann,MoldeJ¡J¡il11er, Prègler,
Thoms. ' ,
Na,ys-.None,
April Ill, 1973
HonoralileMayor and.Memllers
oftbe City COuncil '
Last week' 'yâU rèce1ved a copy
<if the specifiêati<ins' lor the re-
poweringand°' /'eJlèj"tton Òf tile
Seagrave "QUint" fue' Engine'eUl'-
rently in setvice as Tn1ck. No.
I at Engine House 'No.4. '
Attached he¡-èto are the specifi.
cation. and request 'your approval
ot ~ending' out liIda for this re-
powering.
Respectfully submitted,
Gilliert D. Chavenene
City Manager. '
Councilman Pregler, movçd that
the communication he received and
filed, and' t.bàtthe City CIeri< lie
instructed, 'to publish notice for re-
ceipt of bids, and that the ,rules
be suspended in order to let any.
one present, address the Council
if they so desire. Seconded liy
Councilman Moldenhauer. Carried
by the fullowing vote:
Yeas-Msyor Bitter, Councilmen
Juslmann, 'MOldenhsuer, Pregler,
Thoms.
Nays-None.
Fire Chief Dunphy addressed the
Council relative to repowering and
renovation of the Seagrave Quint.
April ZT, 11m!
To the Honorable ,Mayor
and City Council
I herewith sulimit the report of
the Water Superintendent for the
mÓl1th of Msrch 1973.
Gilbert,D. Cha,veneUe
City Manager '
!SA Spt>cial Session. April30,1973
Councilm.... l'r~r moved' that rdo:rred ,to tile CitJ SaUd--
the ....mmunioatioa lie reeeivecl and in_tilatÎ'!l' ud report,"QOIIIied
flied. SecoDdedbyCoullcilmanMoI, tiy Mayer1Jttter. Carried 'by 'Ole
denhauer. Carried by the fon-tng following vote;
vote: Yeas-Mayor ~Itter, Councilmen
Yeg.-r.IaYl>r BltteJ', Councilmen J IIt n...., MQlde¡¡)¡auCf, 1'r..,
JustmaOO, Mnldenhauer, Pregler, 'J'1I0lili.
TIIo1Qo9, Nays-None.
NaY$-None.
April 15, 1t73
J¡onqrable Xaror MId ð b' CoUlldl
011 KaRb %II, 19'1\1, tile. <:om-
m1llllcawn of the CIIah'IIlU\ of the
DUbuque Advisory Comtnlssiot! re-
q,W:atiJ¡¡¡ tIoat tile City Council ap-
P-e tile tolloWÙllladditiOli ,to tile
bylaws of the Dubuque At\Vi$<>O'
Commission:
"2. Four ab.....,... from regul.
ar1:f aeheduled monthly meetings
shaU.---q\e _tic _.
mendation to m.,.r pci dtY _.
cil ,tor .eplaÇellleÐ\'"
'1 ,..uld ._lIuaG UIe C ¡ t y
CIøn'lU 1IOt. .Jlllfove _h - tit
allwUtk _mqdatieD .ee It
WCIQId' -..Ite 110 _vision for a
memlier cklsket w remata em 1!8Ìd
OoIJIIIIIis~\a but wbiI had ~ ill,
or "outfered an aecideJIt cauSing
Will w,\le alts..t froœ four re¡u1ar
meetings.
1~ 8\IØ~ _nlingly, the
fo~ i¡¡. lieu of the foregoing:
"Four un_UM4 al!Jel1ces from
resuIlrly scheduled mont.i¡ y meet-
IP&s ahall coJlltitute grounds for
said C<¡mmiss!, on, after hearinC,W
declare a ncanrY in s-,d office
a!1d Shan lie grounds fQl' recom.
mendatint! to the CitJ Council for
replaeeme"l"
R. N. Buaso
City AtttJrlleY
CouncUmI\l! Jaslm- lIIoved to
adoPt III. wQr4û!l af tha City At-
10mI>' willi tbe cillltliou iii the
word unexcused. Seconded by MaY'
or Bitter. Carried by the fol1o\VÍllg
vote:
yeas-)!ayor Bitter, OowIeiIme!I
JI"twaM, Koldenhauer, 1'regler,
Thoms.
N'J~I".
Notice of heal'ÌDl' on applicatiòn
to sell real estate in the ea..
of Bert G- Dee'd, cov.~ il>ts
!filii and filii in Le1IQ)< ¡'cidn. ,in
wbicl1 the CitY 11111' an in~
preøeated ,ud rqad. Councilman
pregler moved that the notice lie
.pri! 25, 1973
JioJIor~ Jl.arw- City ÐDUlldl
Ou April 12, 1Ð73, JeIIø JL Beid.
01'11 of 3 .9, eaant HaD, Vni~ni.ty
ol J;>uI¡I¡q\Ie. filed ~......t
the QIy Qf DtdM\Que jp \lie ""'IUlIt
of Pi'" ~ 4au¡agao¡ to the
xiøbt float tke and rùn ød&J1.,.
il&üW ~g.."'ceurreð..April
!AI, ,.1Ips .. the ""suI.t Qi slriki8&
a dauù bQW a~ a poin~ j,Q froat
iii , ,MIl .n.vOD I)riva. I.bis ,.QÎ.ty,
This matter was Nfernci to'the
Qty AttonIlI¡¡ pel ll\a~. iA~uI;iCa'
led s.a\d ..a~r "-,,d IaavlI,COIIIarrlld
with Uoe e1ai,mIoI\t .... fhll' $keat
D<tPa~ wi said <1W1118IIt ¡as
... 'an <¡/I,fil iii ¡etI ~ fit
sai4 etaim of $aII.OO, a..Lit is
the . __dMioa Qi the City
Attorney that said offer of set.tle-
IXIl\Ut lie aceçled SlId that Uoe
Ci.t¡¡ A1Idi1Qr be ÏIlstf1¡çted to dr;>,w
warrant pay,able to John M.Ret.
dorn in the amount I1f $aS.00 &lid
to transmit same to the City At-
t.onIey for oIeUVery _.-e!pt
of. iluly ex<tCUted raIoa6Oll. '
Qri&iDal claim is reI:uøIed iafle-
with.
R. . N. R1I8SO
City Attomey
CouncilmBJI !'reeler moved ap.
proval of Uoe ~"'mendatinn. Se-
conded liy MaYOf Bitter. Carried
by the foliGwing yote: '
Yeas-Mayor Bitter, CouooIlmen
J_aM, Koldenioauer, ~,
Thoms. ' '
Nay,s-None,
APrIl aIi, JØl3
Honarabl'l M.yor alid QtJ OoUllCiI
On Mareh æ, 1973, eemmuniell-
tktn was received by the City '<if
Dubuque adfising tha~ "" January
H. If'13, one, Gail 1Uehll1'daoa, stl>-
<lent at the Uniftmty 8f Dubuque,
feU on the east side Gf Gr..,.,
Street along the campus tit the
University of DUliuque.
'ThiaOO!1UllUlÛCatioD <was referr-
ed to the Oity Attorney who has
made en iDM8Ii«ation lheraat ent!
has been in oommunicatiou with
Special Session, April 30, 1973
S33
the 'earrier for the ..liutting pro.
pertyowner and ¡as confened with
said claimant. Claimant has made
en offer d' aaWement in the a-
mount tit $7.32.00 to which amount
the abutting property - has
agNed to toll_ute $lu.OO and
in view of the foregoing, it is
the recommendation of the City
Attorney that the City of Duliuque
contriliute $1iJ.l.OO toward said set.
tlement and that the City Auditor
be instructed to draw warrant pay-
able to Gail Richardson jn the
amount of $1ll.ØII and transmit
.ame to the City Attorney Jor de-
¡¡very upon roocipt of duly execut.
ed releaoes.
Original commUDicaoon is r e .
turned herewith,
R. N. Ruaso
City Attorney
Councilman 1'reg1er moved ap-
proval of the recommendation. Se-
conded by Kayor Bitter. Carried
liy the foUowing vote:
Yeas-Mayor Bitter, Councilmen
Justmann, 1IIIoidenhauer, Pregler,
Thoms,
Nays-None.
Notice <Jl claim of Joseph E.
Reisdorf, in an lmdetermined a-
mount, for property damage incur-
red to his buildiDg at 66J.RItomberg
Ave. during the construction of
a water main on March 'n, 1Ð73,
presented and read. Councilman
I'regler moved that the nGtice of
clJ¡lm lie referred to the City Soli.
ciOOr for investlgatinn and report,
Se¡:onded by Mayor Bitter. Carried
by the following vote:
Yeas-Mayor Bitter, Councilmen
J-ann, Moldenhauer, Pregler,
Thoms.
Nays-None.
Notice of claim of Kristine E.
Hamer, .in tile am"""t of $.'>1.80,
for car damage incUITed as the
result of beiD& struck by a city-
-00 damp tnJck at 16th and
K..-par on April 13, 1M3, presented
and read. Councilm:w. Pregler mo.
ved that the IWÜce tit claim be
referred to the City Solicitor for
iDVestigatioR and report. Seconded
by 1IIa- BlUet. Canied by the
fnIlowinC vote:
Yeas--llayor _r, eoun..ilmen
Justawm, Moldenhauer, Pregler-
TIIoma.
Nays-N'one,
Notice 01 claim of Gregory H.
Nauman, m the amount of $2IIi5.
for car damage incurred as the
result of being struck by a snow.
plow at 41; Bluff Street on April
13, 1Ð73, presented and read. Coun.
cilman Pregler moved that the no.
tice of chUm lie referred to the
City Solicitor for investigation and
report Seconded by Mayor Bitter.
Carried liy the fl>llowing vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Kl>ldenhauer, Pregler,
Thoms.
Nays-None.
At 8 P.M. Councilman Thoms
moved that the Council recess to
hear PrellÌdent Ni»on's message.
Seconded liy Councilman Jus t.
mann. Ca,rried liy the foUowing
vote:
Yeas-CouncUmen Jus t mann,
Moldenhauer, Pregler, Thoms.
Nays-Mayor Bitter.
Council reconvened at 8:35 P.M.
Proaf of Pllblication, certified to
by the Pulilisher, of notice of puli.
lic hearing to amend Zoning Or-
dinance No. 30M, known as the
Zoning 1IIIap and Zoning Ordinance
of the City Gf DII'buque, Iowa so
as '" change real estate in Tower
la-vestment Subdivision No.1 from
Multiple 'Residence District Class-
ification to Local Business B Dis-
trict Clas.ification, presented and
read.
No written objections ,were filed
and no oral olijectors were present
in the Chamber at the time set
for the public hearing. Councilman
Pregler, mGved that the proof of
publication be reeeiyed and filed.
Seconded liy Councilman Molden-
hauer. Carried liythe following
vote:
Yeas-Mayor Bitter, Councilman
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
ORDINANCE "". II-n
An orcli- a""""ing .nd
challlÏn8 ordh..n.. No. 3.M kno-
.. tIN "ZMing IMp and Zoning
OrdinaMe of the City .f Dubuque,
Ie_" .. .. III do- cort.in
-rty -....hr d.s. ri bed
from "Multiple Residenc. 0 i . .
triot" clas.ifio- to "1Ac81 _i.
non "B" Disirlcl"" Clao_8fion,
(Tower Inyes~ Sull.) s a, i d
Ordle...... having been previously
Special Session, April 30, 1973
234
Special Session, April 30, 1973
235
Ordinance. Seconded liy Council.
man Thoms. Carried liy, the foll-
owing vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Thoms.
Nays-None.
~listained-Councilm>m Pregler.
presented and read at the Council
meeting of Mareh 26, 1JI73, present.
ed for final adoption.
governing and roeulating tho park.
ing of vehicles on the following
alleys or portions of alleys, pre.
sented and read.
Councilman Pregler moved that
the reading just had be consid.
ered the first reading of the Or-
dinance. Seconded by Councilman
Moldenhauer. Carried by the foll-
owing vote:
Yeas-Mayar Bitter, Councilmen
Jnstmann, Moldenhauer, Pregler,
Thoms.
N..ys-None.
Councilman Pregler moved that
the rule requiring an Ordinance
to lie read on three separate days
be waived. Seconded by Council.
man Moldenhauer. Carried by the
following vote:
Yeas-Mayor Bitter, Councilmen
J_ann, Moldenhauer, Pregler,
Thoms.
Nays-None.
Pe""" e..rnv'" end edop,'" Ihl,
30th dpy of A"H, 1m,
Jo,e.h J. Bifl.,.
Mem
,P""",
Thoni,
Moldenha""
J"lmenn
. Tel..".h.
's 3'" dav of
Leo F. F'ommeif
(;tv CI,,'
11.5/3
Councilman Pregler moved final
adoption of the Ordinance. Se-
condedby Councilman Moldenhau-
er.Carried by the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
Petition of Zephr Aluminum Pro.
ducts Inc. sulimitöng a detail for
the construction of 'a marquee on
the Haudensmeld DeWachter Fun-
eral Home at 2170 Central Ave.
presented and read. Councilman
Pregler moved that the petition
be received and filed and referred
to the Manager and staff for a
recommendation. Seconded liy
Councilman Thoms. Carried by the
following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None,
An Ordinance Auth<>rizing Hau.
densmeld DeWachter Funeral
Home to construct a marquee at
2170 Central Ave"presented and
read, 'Councilman Pregler moved
that the Ordinance along with the
petition be referred to the Manager
and staff for a recommendation.
Seconded by Councilman Thoms.
Carried by the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
Petition of D.A.Y. Fighting Back
Chapter No.6 requesting permiss-
ion to conduct a Forget Me Not
Drive on August lOth and 11th,
presented and read. Mayor Bitter
moved that the petition 'be granted
and referred to the City Manager,
Seconded by Councilman Molden-
bauer, Camed by the following
vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
TI.no., ~.."..,
NOW THEREFORE BE IT OR.
OAI"EO BY THE CITY COUNCIL OF
THE C'TY OF aUBUQUE. IOWA,
...... '. Thel Ø""nanee No, 33-49
known .. the "T,aHle Code 01 0".
Wa¡iii,..A. ......",
Allan T. Thoni,
Wevne A, Molden""""
CoOnelimen
ATTEST,
Leo F, Frnmmeif
CIty Cle'"
r.~~IS"'N~:~~.::r, "It,~he":;'el'ii""":"~
Mev 1973,
Leo F, "ammeif
Cifv CI,,'
ATT
'teo F. F_mer:
Cltv<:l""
11, 5/3
Councilman Møldenhauer moved
that the rule requiring anOrdi.
nance to be read on three separate
days be waived. Secondedliy COun-
cilman Thoms. Carried by the fol-
lowing vote:
Yeas-Mayor. Bitter, Councilmen
Justmann, Moldenhauer, Thoms.
Nays-None.
Alistained-Councilman Pregler.
Councilman'Moldenhaner maved
final adoption of the Ordinance.
Seconded liy Councilman Thoms.
Carried by the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Thoms.
Nays~Nonê. '.
Alistained-Councilman Pregler,
ORDINANCE, NO. 20..73
An ordinance amending Or di.
nance No. 33-49 known as the "Tra.
ffic Code of Dubuque, Iowa", as
amended, be amended byrepeellng
Schedule VII thereof and enacting
. new schedule VII in lieu' therof
11.5/3
Councilman Pregler moved final
adoption of the Ordinance. Second-
ed liy Councilman Moldenhauer.
CaITied liy the following vote:
Yeas-Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thoms.
Nays-Councilman Ju.tmann.
,ORDINANCE No. 19.73
An ordinance amending 0 r d j.
nance No. 48.70 known as "Plumb-
Ing Ordinance of the City of Du.
buque, Iowa" by r_lIng Section
,5 thereof and enacting a new sec.
5 In lieu thorelli' to' eliminate the
provision of compensation for the
pl.mlling 'Board members end to
provide thet no componsation shall
be paid to said plumbing board
members,
presented and read.
Councilman Moldenhauer moved
that the reading just had be
considered the first reading of the
eOd '0_,' ... -,.
e, ',om Easl Fo"rttr Slml 10
:'1:: ~~nI2J¡¡:r'A\:'e~::
and ""e S,'.."
f In tho allev 'v'" betweon A'.
buN St,.., end Flnl,. 8I,eo'
"om Ch"O'Y S""" '" Unl",.
"tv Avenue.
g, In the alley be'....n C<d"
S"eet and Svcem... 5',..'
'!'Om 141h St,..t '0 1S1h
Sl,eet,
h, In the alley between Mople
Street end Ced" St,... 'mm
15th S"..I to 161h Slm',
236
Special Session. April 30, 1973
Petition of Dal., C. Con~ett re-
ques,ting an opportunity to discuss
with the Council a proposal to
operate a personalized bus service I
in the City and the surrounding
area, 'presented and read. M-ayor
Bitter moved that the petition lie
referred to the CounciL Seconded
liy Councilman Thoms. Carried liy
the following ""Ie:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-No....,
Petition of Clyde Burrows et al
(33 signers) requesting immediate
action in the repair of W. 8th
/Wenue which is presently closed I
due to a cave in sometime ago,
presented 'and read, MI'. Clyde Bur-
rows, a resident of the area, ad-
dresoed the Council in hehaH of
the petitioners along W. 8th Ave-
nue. He was somewhat eoncerned
as to what IlÙght happen if there
would be a fire in the area and
also the res!dents must back their
cars up the hill and go out on
Caledonia to come downtown.
Mayor Bitter moved that the pe-
tition he referred to the next meet.
ing. Seconded liyCouncii man
Thoms. C..-ried liy the following
vote: I
Yeas-Mayor Bitter, Councilmen
Justmaun, Moldenhauer, Pregler,
Thoms.
---Nays-None.
PetitiOB of Jolliet Ma"'luette Tri.
eeutennial ~questing permission to
sell liøttons from door to door on
May 5th and 12th to he} > fin......
their activities, presented and read.
Councilman Justmann moved ap-
proval of the petition and referred
to the City Manager. Seconded liy
Councilman Thoms. Carried by the
following vote: I
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenbauer, Pregler,
Thoms.
Nays-None,
Petition of Marcella McCarty re-
questing a refund of $211.25 ou
Liquor license No. C-34Ot as she
ha. discoøtinued l>usiness on April
2, 1973, presented and read. Mayor
Bitter moved that the refund lie
granted and tllat a proper warrant
be issued. Seconded liy Councilman
Pregler. Carried bY the following
vote:
Yeaa--Mayor Bitter, Counciil1l4ll
JostmaDD, Moldenhauer, Pr.,8ler,
Thoms.
N ays-Sone.
RESOLUTION NO. 142-J3
WHEREAS: Certain e Ie meats
within the fibre of the eol1lJlWlÙ\y
have turned fÞ vandalism as an
outlet for their frustrationa, and
WHERE;\S: Public pro perty
such as the Town Clock Plua,
Eagle Point Pa,r!< and Murphy
Park become the _I tareets
of such sinister action, and
WŒIE,REAS: Public. e n tlment
has time and again expressed dls-
-gust over such _less deeda,
and
V/lHIDRE;\S: The pulilioity of
such action has had a dele!ertous
refleetion upon the othewise heal.
thy reputation of the cemmunity,
and
WHEREAS: The cost to the tax-
payers Is heavy .-h without
the infliction of this type of hw:den,
and
WHE1ŒAS: The wheels of Jus-
tice have reached a stalemate in
the attempt ,to t:bwart such rau-
cous deeds.
NOW 'I1HEREFORE BE IT RE.
SOLVED BY THE CITY COUNmL
OF DUBUQUE IOWA 'J1BAT
Section 1. These actions are of
a specia:! nature, and are serious
enough to merit the special at-
tention of our administration.
Section 2. That the pulilic is en.
titied to restitution for tax monies
expeoded to rectify such damages
incurred by vandalism.
Section 3. That the City Solicltor
lie and hereliy is directed to take
whatever action is necessary to
recover the cost of damages resul-
tant from vandalism, either from
the person convicted, and or their
legal guardian. And " full report
of sucli action lie spread across
the pulilic records.
passed adopted and approved
this 30th day of April 1973 A,D.
Joseph J. Bitter
Kayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann.
Councilmen.
Attest:
Leo F. Frommelt
City Clerk
Special Session, April 30, 1973
OoImcilman Pregler moved ado >' A1lan T. Thoms
tiOD 01 theresolutioll. Seconded Wayne A. Moldenhauer
liy Councilman Moldenhauer. Car. C. RoI>ert Justmann
ried liy the following vole: Councilmen
Yeas-Mayor Bitter, Councilmen Attest:
Justmann, Moldenhauer, Pregler, ~ F. Fronunelt
Thoms. City Clerk
Nays-None. Councllman Pregler moved adop-
tion of the resolution. Seconded
RESOLUTION NO. 143.73 liy Councilman Moldenhauer. Car.
WHEREAS, the City of Dubuque. ried by the following vote:
irom time to time, is in need Yeas-Mayor Bitter, Councilmen
to ha... persons deputized liy the Justmann, Moldenhauer, Pregler,
Sheriff of Dubuque County, Iowa; Thoms.
and Nays-None.
WHE'RE;\s, said persons so de. RESOLUTION NO. 144-73
""tized are under the control and Reselution previdi", for the aclver.
aclmiJrù¡traÜDn 0( the City of Du- tisem- of - 008 City Law IEn.
b'.'que ~s pertain.s. ~ City ParD, forcement C. 80nd..
CIty Airport facilities, and any WHERE;\s at an election duly
other facilities owned by the City and legally called and held on
of Duliuque; and the 22nd day of August, 1972, over
WHEREAS, the Sheriff of Du- sixty per cent of the qualified elec-
liuqua' County, Iowa h"" requested tors of the City of Duliuque, Iowa,
that since he bas no control over voting thereon approved the pro-
.aid persons so deputized at the position of issuing bonds of .aid
request of the City of Duln¡que City in the sum of $205,000 to
that be should be indemnified and pay its portion of the cost of con.
held harmless; structing and equipping a build-
NOW TIIEItm'ORE BE IT RE- ing to be jointly acquired, con.
SOLVED BY THE CITY COUNCIL structed, used and ,occupied liy Du-
OF THE CITY OF DUBUQUE buque County, Iowa, and liy the
IOWA' " City of Duliuque, Iowa. for County
. and City law emIoreement pur.
Section 1. That the request of poses; and
the Sherif[ of Dulinque County, 10- WHEREAS it is contemplated
wa. John F. Murphy, for indemni- that said lionds lie dated May 1,
ficatlon and to be held harmless 1973, numbered 1 to 41, inclusive,
from any and all damages. loss of the denomination of $:1,000 each,
or liabi1lty arising out of any will- maturing in numerical order
ful or neglJ.igent acts or omnrlss:ions $50,000 on Novem'ber 1 of each
of said deputies so on duty for of the years 1975 to 1977, inclusive,
and liy the City of Dubuque, Iowa and $55,000 on November 1. 1978,
should be approved. with interest at a rate or rates
Section 2. That the Agreement, not exeeeding Five per cent (5'1\)
a copy of which is hereto attached, per annum, payalile November 1,
by and between the City of Du- 1973, and semJannuany thereafter;
buque, Iowa and the Sheriff of and . .
Duliuque County. Iowa relating to WHERE;\S It .. necessary that
indemnification and holding harm. all of said bon.ds ~e advertised
less lie and the same ia hereby and sold at this time;
approved NOW, THEREFORE, Be It and
. It Is Hereliy Resolved liy the City
SeetiN 3. That the City Manager Council of the City of Duliuque
be and he is hereliy authorized Iowa as follows: '
and directed to execute said Agree- S~tIon 1. That City Law En-
ment, for and on behalf of the forcement Cuter Bonds of the City
City of Dubuque. Iowa. I of Dubuque, Iowa, in the amount
Passed, adopted and approved of $205,000, to be dated May 1,
this 30th day of April, 1971!, : 197I!, ,and maturing a& set forth
Joseph J. Bitter : in the preamble hereof, lie adver.
Mayo.- ¡ tised for sale and lilds be request-
Walter A. Pregler i ed for action thereon by the City
237
238
Special SeSsion, Aprl130, 1973
Council Of, said City at its meeting
to be held at the J\oard of Super-
visors Room in the County Court-
house in ,said City at 1.2:00 o'c]ock
Noon, on the 24th day Of May,
1973, and that the City Clerk be
and he is hereliy authorized and
directed to pnlilish notice of such
sale once each week for at least
two consecutive weeks in the "Te.
legraph-Herald", a newspaper of
general circulation in Dub u que
County, and pulilished in the City
of Dubuque, Iowa, such advertise-
ment to lie in the form customarily
employed for that purpose.
Section 2. That all prior resolu-
tions or orders in so far as same
may be in conflict herewith be
and the same are hereliy repealed.
Passed and approved April 30,
11173,
Joseph J. Bitter
Mayor
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by' Co\lÍ!.cilman Moldenhauer. Car-
ried liy the following vote:
Yeas-Mayor, Bitter, Councilmen
~ustmann,M.oldenhauer, Pregler,
Thoms.
Nays-None.
ProOf of Pulilication, certified to
liy the pulilisher, of Notice to Con-
tractors of the receipt of proposals
for the construction of City Of Du-
buque 1973 Asphaltic Paving pro-
ject No.1, except University Ave-
nue from the W.P.L. of McCOrmick
Street to the E.P.L. of Gilliam
Street, presented and read. COun-
cilman Pregler moved that the
proof of pUlilication lie received
and filed. Seconded liy Councilman
Thoms. Carried liy the following
vote:
Yeas~Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thoms.
Nays-None,
April 26, lII73
To the Honoralile Mayor
and City Council
pursuant to your instructions,
sealed liids were received until
10:00 A.M. Central Standard Time,
Thursday, April 26, 1973 for the
City of Duliuque 1973 Asphalt Pav-
ingProject No.1, exeept Univer.
sity Avenue. The lowest liid recei'\l-
ed was from Mulgrew BlackfbP
Inc., Duliuque, Iowa; their bid was
4.6% over the estimate:
I recommend that the contract
for this project lie ..warded to
Mulgrew Blacktop Inc.
Gilliert D. Cbavenelle
City )lallager
Councilman ,Pregler moved that
the communication be received and
filed. Seconded by Councilman
Thoms. Carried liy the following
vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays-None.
(Awarding Contract)
RESOLUTIOM NO. 145-73
WHEREAS, sealed propoeà!s
have been sulimitted' liy contrac.
tors for the City of Duliuque lII73
Asphalt pavin¡ì project No.1, ex.
ceptUniversity Avenue pursuant
to Resolution No. 160-73 and notice
to liidd..-s pulilished in a, news-
paper published in said City on
April 6, 1973 and April 13, lII73;
and
WHERE;\S, said sealed propo-
sals were opened and read on April
26, 1973, and it has heen deter-
mined that the hid of Mulgrew
Blacktop Ine. of Duliuqlle, Iowa
in the amount Of $232.747.59 was
the lowest liid for the fúrnishing
of all labor and materials and
performing the work as provided
for in the plans and specifications;
uow therefore,
BE IT RESOLVED liy the City
Council of the City of Dubuque
that the contract for the .:hove
mentioned improvement lie award.
ed to MulgreW BlacktoP Inc" and
the Manager be and he is hereby
directed to execute a contract ,011
lieha1f of the City of Duliuque for
the complete performance of said
work,
BE IT FURTHER RESOLVED,
THAT UPON THE SIGNING OF
SAID CONTRACT AND THE AP.
PROVAL OF THE CONTRACTORS
BOND THE CIty Treasurer is au-
thorized and instructed to return
the liid deposits of the unsuccess-
ful liidders.
I¡p¡¡cial Ses¡;ion, April 30, 1973
P....,ed 8I!d,ado. ,pied ,this 30th !lay I th",e,'follo",_, "vote:
of April, 1973. Y_l,(ayor Bitter, Councilmen
Joseph J. Bitter Pregler, Thoms.
Mayor Nays-Oouncilmen Justmann ,
Walter A. Pregler Moldenhauer.
Allan T. Thomo
Wayne A. Moldenhauer
C. Robert Justmann
Couneilmen
Attest:
Leo 'F. Frommelt
CitY 'CIèrk
Councilman Pregler moyW,adQp.
tion of the resolution; Seconded
liy Councilman Thoms, Caoorietl liy
t Ie,fo!iOwin.l\ vote:
'. Yt!aS---Mayorllitter, ,Councilmen
JU$tm~" cMoldenhauer, Pregler,
Thoms. ,
N.ys,--Noné.
'RBSOWTIONNo. 14U3
WHEREAS, the State ,andlfen-
ningson, Durham and'1UèhaÌ'dsòn,
Inc. ¡h- emerd ,into ,a .contract
for:the,-preÌ!aratioll,of."the Dubuque
iF1r"~Corridor Sin<!y;,and
;WB]; RE;\8; Divillionll ,-qf ,tile
Mid, contnct include> the study
of the Dodge Street çøllrid<tr; and
, "WHEREAS; "IIY ,uthority 0 f
~'~Iutlon '3112-'10 the"ej,ty
diII.exeeuie,.n agreement with the
Slatedaœd:September 8,19,70,
-wIIetebyUle,-city agr,eed. to accept
'fillancial .....pøø!bility for :Divi.
sion II work; and
WHEREAS, the Iowa State Hlgh-
way Comlni8Ðon, by, letter ,dated
February '29,11172, indicated that
lhefe wilt be "all additional çœt
for extra work.
NOWTHBREFORE ,BE IT RE.
SOLVIID ,BY THE CITY COUNCIL
OF 'I1HE ,CITY OF DUBUQUE,
IOWA that theelty 'manager is
authorized to execute' an Extra
Work Otder with the Iowa State
HIghway ; Commission.
Passed, Adopted 'and Approved
this 30th day of April, 1973.
Joseph J. lIitter
Mayor
Walter, A. Pregler
Alla ! T. Thoms
ATI'EST:
Leo F. Frommelt
City Clerk
Councilma ! Pregler moved adop-
tion of the resolution. Seconded'
liy Councilman Thoms. Carried liy
.239
RESOLUTION No. 147.73
WHEREAS,the City Of Duliuque
has applied fb the Iowa State High-
way Commission för funding of
the University Avenue reconstruc.
tion projectllllder the ,F,e d e r a I
TOPICS Program.
WHEREAS, ,ÜIe ,Feller..' ,II Lg h-
way ,~tration,has given "J,.o-
cation and ,Desilln"., approval.
WHEREAS, it IB 'required by the
Fedèl'al HIghway Administration
thatPuliije Notice ,liegiven<>i
said approval.
Now, therefore, lie' It' reaolved
by ÜIe. City ..~il. p~,q¡., City
of Dûbuque,' towa, ,that ,t1iÐ City
Clerk, shall I'ùlilish said notice as
shown on the' attachðd "E)(hibit
A;'. ' ,
Passed, a<!opted, apd .aJ,>P1'Qved
tbis3Oth 'day of April, lII73.
Joseph _J: Bitter
Maÿor ' '
Walter A.pregler
AÙa'n'T. Thoms
Way".. A.Moldenhauer
C. RObert Justmann
Councilmen '
Attest:
LeoF. Frommelt
City Clerk
EXHIBIT "A"
ST~TEOF IOWA
COUNTY OF DU,IJUQUE
OF1FI<::1AL NOTICE OF "I;.OCA-
TION AND DFßIGN"APPROV AL
¡¡e:' TOPICS projeèt No. T.'136-
~(31---46-31 University Avenue Wi-
dening and reconstruction
To Whom It May Concern:
Notice is bereby given "to all
interested persons that the IOwa
State Highway Commission has reo
ceived "Location and Design" ap.
proval fro!ll,.the F<:lIeral Highw.ay
AIlministraJ;iqn on, the pro~t as
follows:
WCATION AND DESCRIPTION
The proposed project includes the
widening and reconstruction of U.
niversity Avenue lieginning approx-
Imately at the intersection of Loras
Boulevard extending westerly and
ending appro¥<Ïmately at ,\he inter-
section with GiUiamStreet. The
240
Special Session, April 30, 1m
improvements will provide four
tIrrough traffic lanes. lUght..of.way
acquisitions are not required. Traf-
fic signal installations and~r revi-
sions are not included in the pro.
ject.
Drarwtngo and specifie- are
pulJlicly available in the Engineer-
big Department, City Ball, Duliu-
que, IOwa.
Leo F. Frommelt
City Clert
Oquncilman Pré l1er IOO'reIl adop.
tioft Of tile resolution. Secðnded
by Coimcllman Thoms. Carried by
\be foUowing vote:
Yeall-'Mayor Bitter Councilmen
'.slalOlD, - -Moldenhauer, Pregler,
Thoms.
Na_None.
, ,RESOLUTtON No. 1....n
E-..dI,.. the time period in
wille. too ""¡ve pr_sals for the
sale of land in the Downtown Ur-
b,al) R_wal Project
WHÐREAS,under date ,of March
19, 1973, the <:ity of Duhoque adop-
ted Resolution No. f)-'IS approving
the Fized-l'rice' CQmpetition me-
thod for offering certain land in
the Downtown Urlian Renewal
Project, Iowa &.15, for redevelop-
ment liy private developers; and
WHEREAS, pursuant to said Ria.
solution land was plaœd on the
market with an estabUshed cutoff
da'te of May 4, UI73. for receipt
of proposa~ for the purchase and
redevelopment <Of said land; and
WHE'REAS, interested develop-
ers have requested 'an extension
of, time In which to,complete stud-
ie!J and 10 prepare appropriate !MI¡¡'
mission documenta'tiòn; now there-
fore
B'E IT RESOVED BY THE CITY
COUNCIL OF 'l1IiE CITY OF DU-
BUQUE, iDWA: '
Secflon 1. That it is in the best
interests of the Downtown Urlian
Renewal Project, Iowa R-15, the
City of Dutiuque and pOtential de-
velopers, to extend the time þeriOd
ift which ~ recel.. proþOSals to
liay 25, 11113, for the sale and
redevelopmeat of Disposition Par-
ee1i! No. l-1oA and (-2 located in
the Downtown Urban Renewa¡ Pro-
:iel!t, Iowa R.15. - ,
S8ction ,2. '1\at the City Clerk
be and he Is heretiy authorized
and directed to publish N1Itiee' of
the Extension of Time for the re-
ceipt of pt'oposalsfor the sale of
the land hereinbefore descrilied.
Passed, approved, and adopted
this 30th day of April, 1973.
Joseph J. Bitter
Mayor
Waiter A. Pregler
Allan T. Thoms.
Wayu A. Moldenhauer
C. Robert JUitmaJm
Councilmen
NI'I'EST:
Leo F. Frommelt
CIty Cled<
Councilman Justmann mÓved a-
doption of the resolution. Seoond,
ed by 'Councilman Pregler, Carried
liy the following vote:, -
Yeas-Mayor Bitter, Councilmen
Justml.Ul, Moldellilauer. Pregler,
Thoms. ' ,
Nays--None.
RESOLUTION NO~ 149-13
WHEREAS, applications for Beer
permits ha.. been snlimitted' tð
Ulis Council for appro'fa:! ud the
same have been exam1Ded; NOW
THEREFOBE,
'BE ITR1I:S0L¥ED by the CIty
OoItneil of tile City of D;,boqDe,
Iowa, that the JaIIowing appliea.
tioftsbe granted and permil8 i&-
9Ued upon the eompUanee with tile
tørms of \lie Grdinanees of tho
City.
CLASS "." BEER PERMIT
HerhertBispiDg, l4OL .EIm Street
CLASS "i;" BEER peRMIT
Leonard Oil Company, - Dodge
Street
Passed, 'adopted and appro'fed
Ws 30th day of April. me.
Joseph J. Bitter
Mayor
Wa:!tar A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. FrommeR
City Clerk
Councilman Moldenahuer moved
adoption of the resolution. Second.
ed liy Councilman Pregktr., Car-
ried liy the following vote:
Yeas-Mayor Bitter, Councilmen
Justmamt, Mo1denhauer, Pregler,
Thoms.
Neyo-None.
Special Session, April 30, 1973 241
RESOLUTION NO. 150-73 Communication of Catholic Mo-
\WIEREAS, applications for Beer thers Study Clubs of Dubuque 00-
permits were filed by the within jecting to the mowing of uR" and
named applicants. and they have uX" rated movies at the Orpheum
received the approval of this Coun. Theatre, which is a theatre operat-
cil; and ing on city-owned property, pre-
WHEREAS, the premises to lie sented 'and read. Councilman Preg-
occupied by such applicants were ler moved that the communication
inspected and found to comply with be received and filed. Seconded
the ordinances of this City and by Councilman Justmann. Carried
they have filed proper hondo' by the following vote:
NOW THEREFORE BE IT'RE- Yeas-Mayor Bitter, Councilmen
SOLVED hy the City Council of 'Justmann, Moldenhauer, Pregler,
the City of Duliuque, Iowa, that Thoms.
the Manager be authorized to cause Nays-None.
to be issued to the following named Councilman Moldenhauer moved
applicants a Beer permit. ,that the City Solicitor be directed
CLASS "B" BEER PERMIT I to draw uP an appropriate amend.
Hebert Bisping, 1401 ,Elm Street i ment to the Orpheum Lease to
CLASS "C" BEER PERMIT ¡prohibit the shOwing' Of "X'" ànd.
Leonard Oil Company, 1387 Dodge ,uR" rated' lII°viés" in, the, tlieàtre.
Street . Seconded liy Councilman Pregler.
BE IT FURTHER RESOLVED' Voteon the m'!tion WI/8 as folloWS:
that thehonds filed liy such appli. I Yeas-eouncilmen Moldenhauer,
cants he and the same are bereby ,Pr:glêr. M Bitte Co ell
approved. : Just':;;:;;', a.::ms. r, un men
!"assed, adopted an.d approved' Motion failed.
this 39th day of April, 1973.
Joseph J. Bitter Communication of the Dnhnque
Mayor Chapter of the International Fede-
Walter A. Pregler ration of Catholic Alumnae extend-
Allan T. Thoms iug 'an invitation to the Council
Wayne A. Moldenhauer to attend the Mary's Day Mass
C. Roliert Justmann for ",orld peace, to he held on
Councilmen Saturday May 5, UI73 in St. Ra,
phael'sCathedral, presented and
read. Counei1man Pregler moved
that the communication be receiv-
ed and filed. Seconded liy Council.
mall Justmann. Carried liy the fol-
lowing vote:
Yeas-Mayor Bitter, Counellmen
Justmann, Moldenhauer, Pregler,
Thôins.
Nays-None.
At Ll P.M.Counct1man Pregler
moved to go into an executive
session for the purpose of discu...
big matters relating to eminent
domain proceednigs at the Airport
also to discuss matters of per-
sonnel. Seconded liy Mayor Bitter.
Carried by the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
The Council reconvened in regu.
lar session without an announce-
ment of the matters discussed in
the executive session.
Councilman Pregler moved that
the Advisory Commission he re-
Attest:
Leo F. Frommelt
'City Clerk
Councilman Moldenhauer moved
adoption of the resolution. Second.
ed liy Councilm'an Pregler. Carried
by the following vote:
Yeas-Mayor Bitter, Councilmen
Justmann,MoldeDhauer, Pergler,
Thoms.
Nays-None.
Communication of The Pillsbury
Company issuing an appeal to the
City to repair or resurface Seven-
th Street from the R. R. tracks
to the point where it aliuts against
the northwest end of their property,
presented and read. Councilman
Pregler moved that the request
be referred to the City Manager.
Seconded liy Councilman Just-
mann. Carried liy the following
vote:
Yeas-Mayor Bitter, Counei1men
Justmann,Moldenhauer, Pregler,
Thoms.
Nay&-None.
Special Session, April æ, 11113
2ß
queste4 to neouider tbeir recom.
mendatløn an revell... sbariDg m0-
nies anci to _Reier Input liTeII
to IIMm by Counåi memb8n. S6-
cORCHdb!' Cölmeitm., Justnumll,
Carried ¡"" tile fetlnillg vote:
Yeas--lIf.,.". I!it1Ier; Councirmm
Justmann, Mol\lenllauer, P\1ogter,
Thoms.
Nays-None.
COtmdlmen Moldelbøaer -
queslied !hat tile .-I\ItiOIt former.
Iy presented relative to the ap-
pointment of a MayO!\' Pm 'lem
he brought fO.rward for furtJaer con-
sider~. CowIeilman Pre. I e r
moved that tile matter he tabled
and the proposed resoIution fie con-
sider.. at next .week's meeCiJI¡.
Seconded by COwIciIInanJfot<lea.
hauer. Carrie4 by !lie reIlewin¡¡
vota:
Y~r aRter. ~
Justmann, Moldenhauer, PN&Jø,
TIIoIu.
Nays-None.
There being no further liusiness
cr.nmdfman Thoms JDO'I'ed to ad-
joarn. 5eetmtled by, CeaIK'ilmau
Moldenhauer. carried "" the' fÐI-
lowiIqI vo(r.
Yeao---Mayor Bitter, CowIcUmen
JUltmlllUl, J(QIdenhaoer, !'\'eller,
TfIom..
Na~.
Lee 1'. I'nImtølt
CitJ' CIeH
AppJwe4 .-...--.......-..-. -
Adopted ............,..........,............ :II17II
"'-""'-""-"""--""""""""""'-"
.............-...--.................-........,...
,-"",,-'-"-"""--""""""""
-.......---........--.....-
...._.._.._............_c¡;¡;~...
Atteot ................ëitÿ'C¡;;-""""'"
ReguJar Session, May 7, 1973
243
CITY COUNCIL
OFFICIAL
ROIular Session, May 7, 1973.
Council met at 7:30 P.M. CC.D.T)
Present_ayor Bi"er, Council.
"1'" Justmann, Proeler, Thoms.
City Manager Gilbert D. Chave-
nelle. Absent.Councilman Molden.
hauer (out of City). Mayor Bitter
read the call and stated that ser.
viee thereof had lieen duly made
and this is the regular monthly
meeting of !he City CouncH called
for the purpose of ""ting upon
sueh busine... as may properly
come before the meeting.
Communication of Council man
Moldenhauer exeusing his llli>sence
from' the meeting 'liecause he is
out of !he City,presented and read.
Mayor Bitt... moved that the com-
m~a,tiOD be received aDd flied.
Seconded liy Councilman Pregler.
Carried by the foltowing vote:
Yeas-Mayor Bitter, Councilmen
Justm:mn, Pregler, Thoms.
Nays--None.
Absent - Councilman Molden.
hauer.
Communreation of Mrs. Merlin
Artus objecting to the type of mov.
ies heing shown. at the Orpheum
Theatre; Communreation of Fran.
ces E. Crippes opposing the show-
ing of dirty movies in the City;
Communre:>tion of ~s. H. Duehr
objecting to the showing of Rand,
X-ra,ted movies at the OI1>heum
Theatre; Communreation of Ruth
Hammel objecting to the showing
of indecent movies at the OI1>heum
Thea,tre; Communreation of Mary
Jane Nebel requesting the Council
to be more selective about the
movies he:ù1g shown at the new
Civic Cent<!r; Comm1JlJkation of
Mrs. M'ary Wright objecting to us-
ing city-owned property for X...at.
ed movies; Communication of Mrs.
LaVern Pape requesting that X-rat.
ed movies not be shown on city
property; Communieation of Mrs.
Herman Frommelt objecting to the
showing of X.rated movies on city
owned property; Communication of
Mrs. Leonard Stecklein Objecting
to the showing of X-rated movies
on city owned property; Communi-
cation of Mrs. Paul Wagener tieing
Q IpOSed to the showing of X...ated I
movies on city owned property;
Communication of Bene F. Moore
Objecting to the showing of X.r:>ted
movics on city owned !>l"Qperty;
Communication of Ethyl C. u.s-
sance Objecting to the showing of
X-ratcd movies on city owned pro-
perty, theatre or otherwise; Com-
munication of Mrs. Donald A h.
mann requesting that X-rated mov.
ies not be shown in a city-owned
theatre; Communication of Mrs,
Andrew Less opposing the showing
of X-rated movies in the Orpheum
Thea,tre which is city owned pro'
perty; Comm1JlJkation of M r s ,
Margaret Toll objecting to the
showing of X.rated movies in .
city-owned theatre; Com m u n i.
catJion of Mrs. Avis Musseh1 ob-
jecting to the showing of X-rated
movies in a city owned theatre;
Communication of Mrs. A If r e d
Manders objecting to the shòWing
of X.rated films at the Orpheum
and requesting th:>t good movies
be hrought back; Communication
of Mrs. G. Theis Objecting to the
use of X-rated movies in the future
civiccenter; Comm1JlJkation of Mrs
Vince Timpe requesting that the
City owned Orpheum Theatre not
be used to show X-rated films;
Communication of Mrs. Don Kratz
objecting as a taxpayer to the
showing of X-rated movies on city
owned property; CommunicatJion of
Mrs. Charles M. Miller objecting
to the showing of obscene movies
at the proposed Civic Center pro.
ject; Comm1JlJka'tion of Mrs. Mer-
tin Holzer, objecting to the show-
ing of X...ated movies at the Or.
pheum Theatre; Communication of
Sister Rita Green requesting tha,t
X.rated films not be shown at the
Orpheum Theatre; Communication
of Mrs. A. Hostert as not hetn'g
in favor of using city-owned pro-
pe.ty for X.ra,ted movies; Com.
munication of M'l's Rose MikheY
stating that X-rakd movies should
not be shown in buildings on city
property; Communication of Mrs.
Richard Jahn objecting to the sho-
wing of X.rated movies on city
owned property; Communication of
Mrs. Goo. C. Se:>r requesting that
the Ol1Pheum theatre not he used
for X-rated movies; COmmunica-
tion of Mr. & Mrs. Jess Thompson
requesting that indecent movies not
be allowed to he shown at the
City's theatre; Communication of
Mrs, HeI'bert Welter being _sed