1973 August Council Proceedings43A Special Session, July 30, 1973
ontaide City l}~all and-or planned D
Dubuque, loaa" bave pxevioeeAy
for, may stay outside City R
Swavely yours
WOW- S
Walter 8. Johnsen
Wayne A. lktde*Auer, C
Coined, amw of Engel-
.DS. D
City Cout�eileeau
District Engineer
�acitnrao Tbottm moved
that m
Mayor B" ar moved %at the eo-
the Commu*,0FL don be ro*VQ4 a� m
made a matter of reword. Second-
f{teft Serarafed hY GwrgeJ�rnan Pxe e
eel by tiyy�mate pregter. Car -
9W. Carried b
ried W rice loBnertp6 vote:
Yeas - -Mayor Bitter, CounR"M y
yeas —Mayor Bitter, Courk'Zmen
PSeP, Rx, fhuma J
Jrrstglawe, M,oldenhaw. . Provier
}>a yn , Coimadron nkmlwlw T
Thons.
�• N
Nays.— N!PiQR•
After tUscusog CAUr/tilymaF 1[pd• M
Mayon litter moved tlnt tie
ibaolue[on. Seconded' b7 IdaYor )Mt a
council seadlaRS b
ter. Carried by the vote. n
names awe the C%7 "witOr and
.: Yeas - -Mayor Ether, Councilmen C
Cit Plarmw draft a 6onstitution
Justmann. n4detdrauer.. f
for the o pt Committee.
NAW - Co mgi3paan, Pregd e r , M
Moti4a died in 1&* of a second.
Thorns. T
There being no flamer business
� GrAnci preglet moved � Qmt
the City Haa Sri
mitted ie *a ci*WM for a re-
ferendum. Seconded by council-
man 71110108. Curled by the fol-
lowing VOW-
V....Carti eamen Neldenh'auer,
Pregkr, T6oms.
Nays —Mayor Buhr, Coynrjd 09M
Justmann.
Jtrb 26, =3
Beneraw Jeomb J. Bilht
MOYM of Dulm4ae
Re; Lood Flood Pvotee-
tion Project State If, M 15-
sissiltpl River, Dubuque,
To".
Thank You for the War I re-
cllved ¢oat your City Engineer,
John L. White, dated -19 Judy 19M
accepting tits ¢0m0eWd Stain 18
portion or referenced project
in s eoldarrae Vain: esr644e9 M-
pulagons, Is Jutlr 1918 is estl
ed as the 050 - 'a1 dais of 1111"W w-
Thts letter, sent to YOU by Q ti
fied Mau, is Your format notice
of tral s'ier of tYe Complet l facidl-
tg to the MT of 1116laqua for
k umptioU 01 operation god. main.
tegance reaiiplislllu4#_AL u r
ed by . !he agt>mrtzing leo&la"Mmi.
I?@luF aepiel ei an "Qtte e&n
1 gi0W*ggc% varmal tot Ceetr
vpqtegera works,
Councilman ms
journ. Seconded by 3"or llf:tler•
Carried by the fo'11evAnd vote:
Veas— atayox' Bittox, CowAilmen
Juatmamr, 1hadelhauar, Freglar,
Tboxu.
Nays- None.
Lee F. Firemritedt
City (writ.
Approved ._ ............... ...........1973
Adopted ............ ..............1975
...... ......
Councilmen.
Attest: ....... .
Cft Gott
Regular Session, August 6, 1973 435
CITY COUNCIL
OFFICIAL.
Regular session, August 6, 1973.
'Council met at 7:30 P.M. (C.D.
T.)
Present — Mayor Bitter, Coun-
cilmen Justmann, Moidenhauer,
Pregler, Thorns. City Manager Gil-
bert D. Chavenelle.
Mayor Bitter read the call and
stated that service .thereof had
been duly made and this is the
regular monthly meeting of the
Council called for the Purpose of
acting upon such business as may
properly come before the meeting.
August 6, 10M
An application for purchase of
a parcel of city land in Dubuque
Municipal Industrial Park has been
received by this committee from
United Parcel Service.
This limn is presently quartered
in a building on Huff Street which,
due to expansion and development
of service, has been out -grown and
is inadequate for the future.
in addition to ,providing jobs for
15-20 persons currently, United
Parcel will construct a new build-
ing of approximately 10,000 sq. ft.
and continue to offer a badly need-
ed phase of parcel dellvery in and
out of Dubuque, servicing industry,
retail, professional and residential
sectors of the city.
It is therefore the recommenda-
tion of this body that Council take
the following action:
1. That a parcel of land mea-
suring a pproximately ZW x 960 feet
be platted in Lot 2 -a4 of Block
5, ltiveriront Swbdivision No. 3,
City of Dubuque, Iowa and Sold
to United Parcel Service of Omaha,
Nebraska.
2. That this land be sold to Unit-
ed Parcel Service for $.20 Per
square foot, plus special assess-
ments which will accrue by virtue
of street and utility improvements.
3. That all buildings, yards, park-
ing lots, fences and ancillary im.
provemennts be constructed in con -
formity with city codes, and or-
dinances.
4. That construction on said
buildings continence within One
year, and be completed not later
than two years from date of de-
livery of deed.
MAYOR'S INDUSTRIAL
CO"1
Joseph J. Bitter, Mayor
Bill MicEubiney, Chair-
man Dock Board
Robert Dorothy, Mgr.,
Industrial Bureau
Councilman Moldenhauer moved
that the communication be receiv-
ed and filed, approved and referred
for proper Proceedings. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays —None.
August 6, 1973
An application for purchase of
a parcel of city land in Dubuque
Municipal Industrial Part has been
received by this committee from
Iowa Coaches, Inc.
Iowa Coaches first applied for
purchase of city land in 1966. At
that time no site was available
in the park suiting this require-
ment.
The building now housing this
firm is inadequate and presents
a dangerous and potentially he-
zardous traffic con on Eighth
Street. The company operates a
bus line on regular mutes and
schedules from Dubuque to Sioux
City and from Cedar Rapids to
Prairie du Chien. They employ 16
full time and 5 part time persons
and provide a vital and important
function in Dubuque's overall tran-
sportation system.
Iowa Coaches will use their land
for the erection of a building that
will provide storage for buses,
maintenance shops and office.
It is the recommendation of this
body that Council take the follow-
ing action:
1. That a parcel of land of aP-
proximately one acre be platted
in Lot 2-24, Block 5, Riverfront
Subdivision No. 3, City of Dubuque,
and sold to Iowa Coaches of Du-
buque, Iowa.
2. That this land be sold to Iowa
Coaches for $.20 per square foot,
plus special assessments covering
street and utility improvements.
3. That all buildings, yards, park-
ing lots, fences and auxiliary im-
i;
I
ki
i
436 Regular Session, August 6, 1973
prevenient& be constructed in con -
Eormdty with city codes and ordi-
nances.
4. That construction on said
buildings commence within o n e
year, and be completed not later
than two years from date of de-
livery of deed.
MAYOR'S INDUSMUAL
Joseph �J. Bitter, Mayor
Bill McEllhiney, Chair-
man, Dock Bd.
Hobert Dorothy, Mgr -,
Industrial Bureau
Councilman Moldenhauer moved
that the communication be receiv-
ed and filed, approved and re-
ferred for proper proceedings. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Muldenhauer, Pregler,
Thoms.
Nays —None.
Discussion again arose as to the
possible use o8 the remaining land
in the Industrial Park. Mayor Bit-
ter advised that he had contacted
Mr. Day of Carideo Co., w h o
stated they definitely are not in-
terested in the purchase of the
land.
Proof of Publication, certified to
by the Publisher, of legal notice
of hearing on a pro"al of sale
of land to R. Hampton & Co. in
the Urban Renewal area.
No written objections were filed
and no oral objectors were pre-
sent in the Council Chamber at
the time set for the public hear.
ing.
Councilman Pregler moved that
the proof of publication be received
and filed and the rules suspended
in order to let anyone present ad-
dress the Council if they so de-
sire. Seconded by Councilman Mol.
denhauer. Carried by the fellow -
ing vote:
Yeas —Mayor Bitter, Councilmer
Justmann, MoWenhauer, Pregler,
Tho•ms.
Nays —None.
Representatives of the R. Hamp
ton & Co. addressed the Councci
and are definitely going ahead with
the construction of a motel. Eivi
derWY the feasibility study hag
been favorable.
RESOLUTION No. 268.73
4uthorizing the execution of a Con -
•ract for Sale of Land for Private
Redevelopment with R. Hampton
end Company, Inc.
WHEREAS, pursuant to Resolu-
tion No. 219-3 dated June 25, 1973
and a Notice of Public Hearing
published in the Telegraph - Herald,
a newspaper of general eiredation
in the City of Dubuque, Iowa, on'
July 3, 1973 and July 10, 1973,
City Council met on the 6th day
of August, 1973 at 7:30 o'clock
P.M. Central Daylight Tfine, in
the City Council Chambers, City
Hall, Dubuque, lows, to consider
the proposal to dispose of the in-
terest of the City of Dubuque to
Bock 14 in Dubuque Downtown
Plaza, also known as Disposition
Parcel 4.2 of the Downtown Urban
Renewal Project, Iowa R45, to
R. Hampton and Company, Inc.,
and
WHEREAS, ,pursuant to said re-
solution a copy of the Redeve-
loper's Statement for Public Dis-
closure and a copy of the pro-
posed form of Contract for Sale
of Land for Private Redevelop-
ment was placed on file in the
office of the City Clerk for pub-
lic inspection; and
v;HFRjEAS, the City Council of
Dubuque, Iowa, overruled any and
all objections, oral and written,
to the proposal to dispose of said
interest of the City of Dubuque
in the above described real. Mate
be R. Hampton and Company, Inc.;
now therefore
BE IT RESOLVED BY THE
CRPY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Mayor and
City Clerk be and they are hereby
authorized to enter into a Contract
for Sale of Land for Private Re-
development in accordance with
the terms terms of the Dosition Docu-
ments governing such sale with
R. Hampton and Company, Inc.
for the real estate known as Black
14 in Dubuque Downtown Plaza
in the City of Dubuque, Iowa, con-
taining 68,0 c% square feet, sub-
ject to survey.
Section 2. That said parcel 08
real estate shall be sold for $2.60
per square foot for a total price
of $170,0WA.85 subject to final sur-
vey of the land to be conveyed.
Regular Session, August 6, 1973 437
Passed, approved and adopted
this 6th dray of August, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thorns
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommuelt
City Clerk
CounOlm�an Pregler moved adop.
tion of the resolution. Seconded
by Councilman Moldenhauer. Car -
ried by the following vote:
Yeas — Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
Communication of Iowa Depart-
ment of Environmental Quality
submitting official notice of a pub-
lic hearing to be held on Septem-
ber 12, 1973 at Ames, as a part
of the procedures for modification
of rules for definitions of various
items of coverage under the act,
presented and read. Councilman
Pregler moved that the communi-
cation be received and filed and
referred to the City Engineer. Se-
conded by Councilman Justmann.
Carried by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
Communication of Dubuque
Youth Services submitting appli-
cation of Chris Roling for appoint-
ment to the Youth Services • Board,
Presented and read. Councilman
Pregler moved the appointment of
Chris Ruling. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thous.
Nays —None.
Communication of City Clerk to
Herbert Goedken relative to his
petition as to the denial of his
claim for roadway repairs to the
rear of his home at 847 Kaufmann
Ave. advising that he would be
heard at this meeting, presented
and read.
Mr. Goedken addressed the Coun.
cil and stated that the roadway
had been washed out three times
previously.
Councilman Justmann moved to
refer the matter to the Staff and
Council to view the grounds. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas— Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Nays — Councilman Thorns.
August 2, 1973
Honorable Mayor and Members
of the City Council
Please be advised that I have
approved the following sidewalk
construction fronds and desire to
have your approval on same.
Fischer Inc., Friedman Insu-
rance Ine.
Edwin Ploessl, United Fire &
Casualty.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the bonds be filed subject to ap-
proval of the City Attorney. Se-
conded by Mayor Bitter. Carried
by the following vote:
Yeas- Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays —None.
Communication • of Department of
Recreation advising of a celebrity
bicycle race matching top bicycl-
ing talent from all local radio and
TV stations, presented and read.
Mayor Bitter moved that the com-
munication be received and filed
and referred to the staff and the
City Council. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
Notice of claim of Robert Cur-
ler, in the amount of $144.47, for
expense and damage incurred as
the result of a backed -up sewer
into the basement of his home
at 2674 Marywood Drive, present-
ed and read. Councilman Justmann
moved that the notice of claim
be referred to the City Solicitor
for investigation and report. Se-
conded by Mayor Bitter. Carried
by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
Notice of claim of Helen C. Zu-
ber, in an undetermined amount,
for personal injuries received as
i
438 Regular Session, August 6, 1973
the result of a fall on a defective
sidewalk between 16th and 17th
street on Jackson on July 31, 1973,
presented and read. Councilman
Justmann moved that the notice
of claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Mayor Bitter.
Carried by the following vote:
Yeas --- Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
Notice of claim of Mrs. Richard
A. Trilk, in the behalf of Karen
Tril k a minor, for injuries receiv-
ed by said minor at the Municipal
pool on July 30, 7973, presented
and read. Councilman Justmann
moved that the notice of claim
be referred to the City Solicitor
for investigation and report. Se-
conded by Mayor Bitter. Carried
by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
Notice of U.S. District Court,
Referee in Bankruptcy, of first
meeting of creditors to be held
on August 13, 1073 and order fix -
ing time for filing objections to
discharge a p p l i c a t i o n s t o d e t e r -
m i n e the disability of debts of
William Benjamin Moutellus and
Shirley Ann Montelius of 834 Uni-
versity Ave, presented and read.
Councilman Justinian moved that
the notice be referred to the City
Attorney for investigation and re-
port. Seconded by Mayor Bitter.
Carried by the following vote:
Years —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays None.
Notice of U.S. District Court,
Referee in Bankruptcy, of first
meeting of creditors to be held
on August 13, 197th and order fixing
time for filing objections to dis-
charge applications to determine
the disability of debts of Michael
Roger Hansen of 721% Davis
Street, presented and read. Coun-
oilman Justmann moved that the
notice be referred to the City At-
torney for investigation and re-
port. Seconded by Mayor Bitter.
Carried by the following vote:
Yeas —Mayor Bitter, Councilmen
Juste ann, Moldenhauer, Pregler,
Thoms.
Nays- -None.
Proof of Publication-, certified to
by the Publisher, on a resolution
designating structures, on Lot 2
of Walker Bluff Street Place, Lots
L and 2 of Rink Place, the east
27.5' of Lot 2, West 28' of Lot
2, Lot 1 of 3, Lot 2 of 3, and
Lots 4 and 5 all of City Lot 610;
East 116.3' of West 170' of Lot
610A and 609A, the West 170' of
Lot 61oA and 6MA except part
in driveway as historically and
architecturally significant pursuant
to the requirements of Ordinance
No. 2g-70, presented and r e a d.
Councilman Justmann moved that
the proof of publication be re-
ceived and filed. Seconded by Ma-
yor Bitter. Carried by the follow-
ing vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Pregler, Thoms.
Nays--None-
Ab — councilman Holden -
haaer.
August 3, 1973
Honorable Mayor
and Councilmen
Your meeting of August 6, 1973
will consider a• Resolution desig-
nating certain structures in the
vicinity of the Fourth Street Ele-
vator as historically or architee-
turally significant. In regard to
your consideration of that Resolu-
tion, the following information may
be useful.
In its publication "Criteria for
Evaluating Historic Sites and
Buildings" the National Trust for
Historic Preservation has noted
that buildings and other structures
may be considered historically sig-
nificant by the following criteria:
1. Historical, architectural or
cultural significance from a na-
tional, state, regional or l o c a l
(community) point of view.
2. Significance related tnimpor-
taut persons and events in the
historical development of the com-
munity, state or nation.
3. Representative work of a mas-
ter builder, designer, or architect.
4. Representative buildings or
other structures illustrating char -
acteristies of an architectural style
or period, notable use of materials
or a unique method of construc-
tion.
The National Trust also notes
that "mere antiquity alone is not
a sufficient basis for selection of
Regular Session, August 6, 1973 439
a structure for permanent preser.
vation, but can be a factor il
other more significant examples
have disappeared or if the build.
ing forms part of an especially
characteristic section of the given
community. Smaller structure ...
may be as important relatively
as the mansions of the past." (Na-
tional Trust for Historic Preserva.
lions Criteria for Evaluating His.
toric Sites and Buildings, 0969,
page 1).
You may also be interested to
note that the College Hill Renewal
Program in Providence, Rhode Is-
land, which was sponsored by the
Department of Housing and Urban
Development as a demonstration
project for historic restoration,
also developed criteria for ident'r
fication of historic resources. The
plan for that project states as fol.
lows:
"A second concept has been de-
veloped which holds that, while
museum buildings serve an im-
portant purpose and that isolated
outstanding monuments should be
preserved, groups of surviving re-
lated buildings in their original
setting can explain the characteris-
tics of other eras and can give
an added cultural and historic di-
mension to the modern city in
ways that single monuments can-
not. A conscious effort, therefore,
has been made to place emphasis
on the early neighborhoods and
to aim at retaining most of the
early structures in such areas,
keeping them in active use and
paying attention to their original
appearance and the elements of
their settings such as yards, trees,
shrubs, pavements, outbuildings,
and their placement in relation
to sidewalks and streets. In turn,
neighborhoods have been consider-
ed from the point of view of their
unified or consistent character."
`"!n• essence, while the frame-
work of the study has been de-
.dgnated to make possible the eva-
luation of each building on its own
merit, it has also been planned
to evaluate each building as 1)
an example of its architectural
period, and 2) a part of its neigh-
borhood." (College Hill "Demon-
stration Study for Historic Area
Renewal" reprint 1691, page 73).
We hope you will find this in-
formation useful in your considere-
tion of the delordcal designation
Resolution:.
D�anied Dittemore
Development Planner
Councilman Justmann moved
that the communication be re.
ceived and filed. Seconded by Ma-
yor Bitter. Carried by the follow-
ing vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Pregler, Thoms.
Nays —None.
Abstained — Councilman Holden
hauer.
iODmmrunwation cif the Dubuque
County Historical Society c o m-
mending the Council for their con-
cern• to encourage the upbuilding
and renovating of historical sites
in Dubuque through private funds,
presented and read. Mayor Bitter
moved that the communication be
received and filed. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas —Mayor Bitter, Amen
Justmann, Pregler, Timms.
Nays—None.
Abstained — Councilman Malden-
haaw.
Communication of Adrian D. An.
dergon, State Historic Preservaw
lion Officer, giving full support
in the consideration of a request
for special zoning in the City, to
provide a means of preserving a
portion of one of Dubuque's his-
toric neighborhoods, presented and
read. Councilman Thoms moved
that the communication be receiv-
ed and filed. seconded by Conn -
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Bitter, Councilmen
Justmann, Pregler, Thoms.
Nays - Stone.
Abstained — Couneilman Holden -
hauer.
RESOLUTION NO. 267.73
A Resolution designating structures
on certain hereinafter described
properties as historically and arch.
itecturally significant, pursuant to
the requirements of Ordinance No.
28.70
WHEREAS, Ordinance No. 2870
has amended Ordinance No. 3-3,
known as the "Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa" to provide for the
issuance of Special Permits for
limited commercial activities in
structures which have been desig-
nated, by Resolution of the Cary
(si
J,
V I
IA
ul�
I'
IF
440 Regular Session, August 6, 1973
Counpip, as historically and-or
attOriteeturally significant; and
WHEREAS, said Ordinance No.
28 -70 prescribes that such designs -
tion shall be made in consultation
with civic groups; and
WHEREAS, the City of Dubuque
Planning and Zoning Commission
has held a public hearing on its
proposal for zoning re- classifica-
tion to make certain hereinafter
described properties eligible for
such Special Permits as are auth
orized by Ordinance No. 28-70, and
has recommended approval of such
zoning re-classification and eligi-
bility far said properties; and
WHEREAS, the Dubuque Histori-
cal. Society has filed its endorse-
ment of a .proposed restoration
concept for said hereinafter de-
scribed properties, a copy of said
endorsement being attached here-
to;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That structures now
extant on praperty hereinafter de-
scribed are h and arcid-
tecutnallY significant, to wit:
Lot 2 of Walker Bluff Street
Place; Lot 1 and Lot 2 Of Rink
Place 1 and Lot 2 of Evan
Place; the East 27.5 feet of Lot
2- of City Lot 610; the West 28
feet of Lot 2 of City Lot 610;
Lot - 1 of Lot 3 of City Lot 610;
Lot 2 of Lot 3 of City Lot 610;
Lot 4 and Lot 5 of City Lot 610;
the East 118.3 feet of the West
170 feet of Lot 610A and 609A;
the West 50..5 feet of the West
170 feet of Lot 610A and 609A
(except part in .driveway), all in
the City of Dubuque, Iowa.
Section 2. That the owners of
the structures on said described
properties are eligible to make app -
ph,ation to the Board of Adjust-
ment for such Sped*al Permits as
may be authorized for use of those
premises.
' Passed, apiproved and adopted
this 6th - daY of August, 1973.
C. Robert Justmann
Walter A. Pregler
Allan T. Thorns
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thorns moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — CounctlIDmen Justr ann,
Pregler, Thorns.
Nays–Mayor Bitter.
Abstained — Councilman Molden-
honer.
ORDINANCE NO. 42.73
AN ORDINANCE AMENDING
ORDINANCE NO. 3 -34 KNOWN AS
THE "ZONING MAP AND ZON-
ING ORDINANCE OF THE CITY
OF DUBUQUE, IOWA" BY A -
MENDING ANMICLE IV,, S E C-
TION 2 (h) THEREOF TO IN-
CLUDE CERTAIN DESCRIBED
REAL ESTATE IN WHICH PRO-
FESSIONAL OFFICE OR STUD-
IOS OF A PHYS'ICIA'N, DENTIST,
ARCHITECT, ENGINEER, LAW-
YER, REALTOR INSURANCE,
MUSICIAN OR SIMILAR PRO-
FESSIONS MAY BE PERMITT-
ED, AND FURTHER PRESCRIB-
ING RULES GOVERNING THE
ISSUANCE OF SUCH SPECIAL
PERMITS AS MAY BE AUTHOR-
, IZED BY THE BOARD OF AD-
JUSTME�NT, PURSUANT TO
FINDING AND DETERMINA-
TION BY THE CITY COUNCIL
OF THE EXISTENCE OF A DIS-
TRICT HAVING HISTORICAL
AND ARCHUECTURAL SIGNIFI-
CANCE, IN ACCORDANCE WITH
ARTICLE IV, SECTION 2 (1) OF
SAID ORDINANCE No. 334, said
Ordinance having been previously
presented and read at the Council
meeting of June 18, 1973, and July
16, 1973, presented for final adop-
tion.
ORDINANCE NO. 42 -73
AN ORDINANCE AMENDING
ORDINANCE NO. 3-34 KNOWN AS
THE "ZONING MAP AND ZON-
ING ORDINANCE OF THE CITY
OF DUBUQUE, IOWA" BY A -
MENDING ARTICLE IV, S E C-
TION 2 (h) '11HEREOORE TO IN-
CLUDE CERTAIN DESCRIBED
REAL ESTATE IN WHICH P•RO-
FE'SSI0NAL OFFICE OR STUD-
IOS OF A PHYSICIAN, DENTIST,
ARCHITECT, ENGINEER, LAW-
YER, REALTOR, INSURANCE,
MUSICIAN OR SIMILAR P R O -
FEISSIONS MAY BE PERMITT-
ED, AND FURTHER PRESCRIB-
ING RULES GOVERNING THE
ISSUANCE OF SUCH SPECIAL
PERMITS AS MAY BE AUTHOR-
Regular Session, August 6, 1973 441
IZED BY THE BOARD OF AD-
JUSTMENT, PURSUANT TO
FINDING AND D E T E R MINA -
TION BY THE CITY COUNCIL
OF THE EXISTENCE OF A DIS-
TRICTf HAVING HISTORICAL
AND ARCHITECTURAL SIGNDFT-
CANCE, IN ACCORDANCE WITH
A RTICLE IV, SE011ON 2 (1') of
SAID ORDINANCE NO. 334.
NOW THEREFORE BE IT OR
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Ordinance No.
344 known as the "Zoning Ordi-
nance and Zoning Map of the City
of Dubuque, Iowa" be and the
same is hereby amended by in-
cluding in Article IV, Section 2
(h), thereof, an area described as
follows:
"Article IV.
Section 2.
(h) Professional offices or stu-
dios of a physician, dentist, archi-
tect, engineer, lawyer, realtor, in-
surance, musician or similar pro-
fessions within the following de-
scribed area: Lot 2 of Walker Bluff
street Place, Lot 1 and Lot 2 of
Rink Place; Lot 1 and Lot 2 of
Evan Place; the East 27.5 feet
of Lot 2 of City Lot 610; the West
28 feet of Lot 2 of City Lot 610;
Lot 1 of Lot 3 of City Lot 610;
Lot 2 of Lot 3 of City Lot 610;
Lot. 4 and Lot 5 of City Lot 610;
the East 118.3 feet of the West
170 feet of Lot 610A and Lot 609A;
the West 51.5 feet of the West
170 feet of Lot 610A and 609A
(except part in driveway), all in
the City of Dubuque, Iowa."
Section 2. That the City Council
of the City of Dubuque, Iowa hav-
ing found that the ! properties above
described constitute, in the aggre-
gate, a• district of historical and
architectural significance in actor- -
dance with the provisions of Arti-
cleIV, section 2 (1) of Ordinance
No. 3-34, known as the "Zoning
Ordinance and Zoning Map of the
City of Dubuque, Iowa", does , here -
by ordain and prescribe rules gov-
verning the issuance of such Spe-
cial Permits as may be authorized
by the Board of Adjustment.
a. Uses authorized by Special!
Permit shall be limited to specialty,
shops for gift items and handi
traits, antique shops, floral shops
and art galleries.
b. No Special Permits shall - be
authorized for any ,place of enter-
tainment or public assembly, ca.
baret, restaurant, or for any shop
principally engaged in selling no-
velties, trinkets or common son -
venirsL
c. The Board of Adjustment, be-
fore authorizing any such Special
Permit, shall determine, with the
assistance of expert testimony if
necessary, that no use permitted
by right in the zoning district war-
rants the rehabilitation or preser-
vation of the structure, and that
such Special Permit use may fea-
sibly justify an investment for es-
sential property maintenance and
rehabilitation consistent with the
intended historical and architec-
tural character of the neighbor-
hood. -
d. The Board of Adjustment shall
determine that each proposal for
a Special Permit use is compatible
with the basic residential character
of the neighborhood. Public access
to a Special Permit use shall be
confined to the first floor of the
structure. Storage of goods and
equipment may be permitted in
other parts of the structure includ-
ing the basement.
e. The Board of Adjustment shall
require that each application for
a Special Permit use shall be ae.
compranied by detailed plans and
specific descriptions of all opera-
tional aspects of the proposed use.
No Special Permit shall be issued
unless it is determined by the
Board that the uses proposed,- the
type of merchandise to be sold,
the number of persons or employ-
ees on the - premises, and other
operational aspects of the proposed
use are compatible with the in-
tended historical and architectural
character of the area and with
other conditions herein prescribed.
f. The Board of Adjustment shall
require that each application for
a Special Permit use shall be ac-
companied by detailed plans - of
proposed property improvement
activity. No Special Permit shall
be issued unless it is determined
by the Board of Adjustment that
proposed interior changes, exterior
alterations, color schemes, mater-
ial selections, signing and adver-
tising parking arrangements and
exterior access are consistent with
the basic historical and architec
442 Regular Session, August 6, 1973
tural character of the area and
wall not durnmish the value or en-
joymrent of other property in the
v lc city.
g. No Special Permit use shall
be permitted to operate between
the hours of 9 P.M. and 9 A.M.
No exterior sign or advertising ser-
vice shall be permitted to exceed
an area of five square feet and
shalt not be directly illuminated.
h. A Special Permit shall be valid
for such initial period of time as
the Board of Adjustment shall de.
termine to be reasonably required
for undertaking property rehabili.
tation or improvement activities.
if at the end of that time there
is no evidence of substantial Pro-
perty rehabilitation or improve -
ment, such Special Permit may
be revoked and the owner order-
ed to return the property to a
use permitted by right in the zon-
ing district.
i. The Board of Ac]JUStanent is
hereby authorized and instructed
to revoke any Special Permit, after
a public hearing and finding that
the terms and conditions of such
Special Permit are not being com-
plied with.
j. Special Permits for historical
or architectural preservation seti-
vatieg shall be transferable only
to an owner or operator who has
complied with subsection (k) here-
in.
k. Special Permit, shall be issued
only to an applicant who has fur -
nished written a c'knowledgement
and agreement to such terms and
conditions as are herein prescrib
ed, or as may additionally be pre-
scribed by the Board of Adjust-
Mat.
Section 3. That the foregoing A-
mendment has heretofore been ap-
proved by the Planning and Zoning
Commission of the City of Dubu-
que, Iowa.
Passed, approved and adopt e d
this 6th day of August, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Councilmen
ATTEST:
Leo F. Faomtmelt
City Clerk
Published offaciaWy
In The Teie-
graph Heraid Newmpaper this 9th
day of August, 1973.
Leo F. Frommelt
City Clerk
Councilman Pregler moved final
adoption of the Ordinance. Second-
ed by Councilman Thomis. Carried
by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Pregler, Thome.
Nays —None.
Abstaaned--Oouncilman Molden -
hauer.
Petition of N. W. Bell Telephone
Co. requesting permission to cut
into portions of Central Avenue
at 2tst, 23rd, 24th, 25th and Dia-
gonal Streets, presented and read.
Councilman Pregler moved that
the petition be referred to the En-
gineer ng Department. S e conded
by Mayor Batter. Carried by the
Mowing vote:
Yeas—Mayor Bitter, Councilmen
Justmann•, Moldenhauer, Pregler,
Thoms.
Nays —None.
Petition of N.W. Bell Telephone
Co. requesting permission to exca-
vate in Loras Blvd. between Grand-
view and Atlantic streets to repair
cable, presented and read. Coun-
eftman Pregler moved that the pe-
tition be granted. Seconded by Maw
yor Bider. Carried by the follow-
ing vote:
Yeas — Mayor Bitter, Councilm
Justmann, Moldenhauer, Pregtez,
Tlvams.
NaA— Slone.
Petition of St. Anthony Messeng-
er requesting permission to solicit
magazine subsioriptions, presented
and read. Mayor Bitter moved that
the petition be granted Seconded
Tied by the following vote:
by Councilman Moldenhauer. Car -
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays— ,None.
Petition of Wright Tree Service
requesting permission to do un-
derground trenching in the City
for the N. W. BeR Telephone Co.
presented and read. Mayor Batter
moved approval of the petition sub-
ject W approval of the Engineering
Department. Seconded by Council-
man Moldenhauer. Carried by the
following vote:
Yeas — Mayor Bitter, Councilmen'
Justmann, Moldenhauer, Pregler,
Thoms.
Regular Session, August 6, 1973 443
Nays —None.
Petition of Dubuque Policemen's
Protective Ass'n., requesting per-
mission to sponsor a circus on
October 6, 1973 at Shiras & Kerper
presented and read. Mayor Bitter
moved that the petition be granted
and referred to the City Manager.
Seconded by Councilman Molden-
hauer. Carried by the following
vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
Petition of Mm. LaVerne Felder.
man requesting a refund of $75.00
on the unexpired portion of cigar-
ette license No. 9, as she has
discontinued business on July 28,
1973, presented and read. Mayor
Bitter moved that the refund be
granted and the Auditor issue prop -
per warrant. Seconded by Council-
man Moldenhauer. Carried by the
following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldembauer, Pregler,
Thoms.
Nays —None.
Petition of Doris Tigges request-
ing a refund of $75.00 on the unex.
pired portion of cigarette license
No. 33, as she has discontinued
business on July 31, 1973, present-
ed and read. Mayor Bitter moved
that the refund be granted and
the Auditor issue proper warrant.
Seconded by Councilman Molden-
hauer. Carried by the following
vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
Proof of Publication, certified to
by the Publisher, of notice to con-
tractors of receipt of bids for the
construction of the North Algona
8" sanitary sewer between Univer-
sity Avenue and Loras Blvd., pre.
sented and read. Councilman Preg-
ler moved that the proof of publi-
cation be received and filed. Se-
conded by Councilman Tlhams. Car -
reid by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
August 2, 1973
To the Honorable Mayor
and City Council
Sealed proposals were received
for the North Algona Sanitary Se-
wer on August 1, 1973 at 10:00
A.M.
The only bid was submitted by
Tschiggfrie Excavating in the a.
mount of $5,366.88. This bid was
12.0% over the Engineer's Esti.
mate.
We recommend the project be
awarded to Tschiggfrfe Excavating
and the additional anticipated cost
of $580.00 be paid from the Sani-
tation Fund.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved ap-
proval of the recommendation. Se.
conded by Councilman T h o in s.
Carried by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
Awarding Contract
RESOLUTION NO. 269.73
WHEREAS, sealed proposals
have been submitted by contrac-
tors for the North Algona Sanitary
Sewer, 8 inch between University
Avenue and Loras Boulevard pur-
suant to Resolution No. 237 -73 and
notice to bidders published in a
newspaper published in said City
on July 6, 1973 and July 13, 1973;
and
WHEREAS, said sealed propos-
als were opened and read on Au-
gust 1st 1973, and it has been
determined that the bid of Tschig�g-
frie Excavating Co of Dubuque,
Iowa in the amount of $5,366.88
was the lowest bid for the fur -
nishing of all labor and materials
and Performing the work as pro-
vided for in the plans and speci-
fications; now therefore,
BE IT RESOLVED BY THE City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award.
ed to Tschiggfirie Excavating and
the Manager be and he is hereby
directed to execute a contract on
behalf of the Carty of Dubuque for
the complete performance of said
work.
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approval of the con-
tractors bond the City Treasurer
is authorized and instructed to re-
turn the bid deposits of the un-
successful bidders.
ry
444 Regular Session, August 6, 1973
Passed and adopted this 6th day
of August 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenbauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays —None.
Proof of publication, certified to
by the Publisher, of Notice of pen-
dency of resolution of necessity
for public improvements and hear-
ing upon proposed plans and spe-
eification, form of contract, and
cost of improvements for construc-
tion of 1973 Storm Sewer Improve-
ment program, presented and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the
time set for the public hearing.
Councilman Pregler moved that
the proof of publication be received
and filed. Seconded by Councilman
Thorns. Carried by the following
vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
Decision of Council upon objections
to plans, specifications, form of
contract and cost of improvements
RESOLUTION NO. 270-73
WHEREAS, proposed plans and
specifications and form of contract
for the 1973 Storm Sewer Improve-
ment Program which includes the
following specific projects
Carter Court
Atlantic Street at Dexter
Pennsylvania Ave., Chaney to
Flora Park
Sunset Park Circle at Owen
Court
Cortez Street
West Way at St. Celia
Key Way
West Way at Graham Circle
J. F. Kennedy Road at Pennsyl-
vania, catch basins
Lennox at Pennsylvania
Stoneman Road at J. F. Kennedy
Road
Carter Road at Ridge Road
'Maryville Drive
North Booth Street Catch Bases
J. F. Kennedy Road at Pennsy-
lvania, Multiplate Extension
Kaufmann Ave. at Marywood
North Grandview Ave., G o 1 f
Course
*Maryville Drive Storm Sewer
Alternate Base Bid
have been approved by the City
Council of the City of Dubuque
and public notice given as pro-
vided by Chapter 23 of the Code
of Iowa, 1971, pertaining to public
contracts and bonds, and the time
and place fixed for the hearing
of all objections to said plans,
specifications or contract for or
cost of such improvements, said
time being this 6th day of Au-
gust, 1073; and
WHEREAS, the City Council met
in regular session this 6th day
of August, 1973, at 7:30 o'clock
P.M. at the Council Chambers in
the City Hall for the purpose of
hearing all interested parties and
considering any and all objections
which have been filed to the pro-
posed plans, specifications or con-
tract for or cost of the improve-
ment herein described and pro-
posed to be made; and
WHEREAS, all interested parties
have been given an opportunity
to be heard and all objections
which have been duly weighed and
considered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have been
made and filed to the plans, speci-
fications, contract for or cost of
said improvement herein described
and proposed to be made, be and
the same hereby overruled and
such plans, specifications and form
of contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
objections which have been filed
to the plans, specifications and
form of cost said improvement be
made a matter of permanent re-
cord in connection with said im.
provement.
Regular Session, August 6, 1973 445
Passed, adopted and approved
this 6th day of August, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Tboms. Carried by
the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
(Necessity for Improvement)
RESOLUTION NO. 231 -73
WHEREAS, proposed plans, spe-
cifications, form of contract have
been duly prepared and approved
by the City Council of the City
of Dubuque, Iowa, and are now
on file in the office of the City
Clerk showing among other things
the following:
(1) The plan of such improve-
ment
(2) An estimate of the cost of
the improvement
1973 Storm Sewer Improvement
Program which includes the follow-
ing specific projects
Carter Court
Atlantic Street at Dexter
Pennsylvania Ave., Chaney to
Flora Park
Sunset Park Circle at Owen
Court
Cortez Street
West Way at St. Celia
Key Way
West Way at Graham Circle
J. F. Kennedy Road at Pennsyl-
vania, Catch Basins
Lennox at Pennsylvania
Stoneman Road at J. F. Ken-
nedy Road
Carter Road at Ridge Road
*Maryville Drive
North Booth Street Catch Basins
J. F. Kennedy Road at Pennsyl.
vanda, Mu•ltiplate Extension
Kaufmann Ave. at Marywood
North Grandview Ave., Golf
Course
*Maryville Drive Storm Sewer
Alternate Base Bid
BE IT THEREFORE RESOLV-
ED that the City Council on its
own motion, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed re-
solution have on file with the City
Clerk, objections to the amount
of the cost of the improvement,
they shall be deemed to have waiv-
ed all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been approved by the
City Council and are now on file
with the Ctiy Clerk. That the cost
and expense of making said im-
provement will be paid from the
Road Use Tax Fund.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 2nd day of July, 1973.
Approved and placed on file for
final action.
RECORD OF FINAL ADOPTION
The foregoing resolution was fi-
nally passed, and adopted, as pro-
posed, by the City Council this
6th dray of August 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved final
adoption of the resolution. Second-
ed by Councilman Thoms. Carried
by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmaun, Moldenhauer, Pregler,
Tboms.
Nays —None.
(Ordering Construction)
RESOLUTION NO. 271.73
BE IT RESOLVED BY THE CI-
TY COUNCIL OF THE CITY OF
DUBUQUE, IOWA that pursuant
to a Resolution of Necessity No.
231 -73 which was duly passed by
this Council for the improvement
of 1973 Storm Sewer Improvement
Program which includes the fol-
lowing specific projects
Carter Court
Atlantic Street at Dexter
Pennsylvania Ave., Chaney to
Flora Park
0
1;� a
446 Regular Session, August 6, 1973
Sunset Park Circle at Owen
Court
Cortez Street
West Way at St. Celia
Key Way
West Way at Graham Circle
J. F. Kennedy Road at Pennsyl-
vania, Catch Basins
Lennox at Pennsylvania
Stoneman Road at J. F. Ken-
nedy Road
Carter Road at Ridge Road
*Maryville Drive
North Booth Street Catch Basins
J. F. Kennedy Road at Pennsyl-
vania, Multiplate Extension
Kaufmann Ave. at Marywood
North Grandview Ave., Golf
Course
*Maryville Drive Storm Sewer
Alternate Base Bid
Be and same is hereby ordered
constructed by this Council upon
its own motion and with or without
the petition of property owners.
All work shall be constructed
in accordance with the plans and
specifications heretofore adapted
and now on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of said
improvement be paid from the
Road Use Tax Fund.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate neces-
sity shall be in force and effect
from and after its passage and
adoption by the City Council.
Passed, adopted and approved
this rAh day of August, 1973.
Josef J. Bitter
Mayor
Wayne A. Moldenhauer
C. Robert Justmann
Walter A. Pregler
Allan T. Thorns
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilmen Thorns. Carried by
the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
Proof of Publication, certified to
by the Publisher, of Notice to Con-
tractors of the receipt of proposals
for the construction of the 1973
Itorm Sewer Improvemrent Pro-
;ram, presented and read. Coun'
41man Pregler moved that the
)roof of publication be received
and filed. Seconded by Councilman
rhoms. Carried by the following
cote:
Yeas —Mayor Bitter, Councilmen
Iustmann, Moldenhauer, Pregler,
rhoms.
Nays- -None.
August 3, 1973
,.To the Honorable Mayor
and City Council
Sealed proposals were received
until 10:00 A.M. on August 2, 1973
for the 1973 Storm Sewer Improve-
ment Program.
The low bid was submitted by
the M. F. Goerdt Construction
Company for both the Base and
the Alternate Bids. Their bid was
in the amount of $206,819.85 or
1.9% under the Engineer's Esti-
mate.
We recommend the Contract be
awarded to the M. F. Goerdt Com-
pany for their Base Bid and that
the program construction be com-
menced as quickly as possible.
Gilbert D. C7havenelle
City Manager
Councilmen Pregler moved that
the communication be received and
filed. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays —None.
(Awarding Contract)
RESOLUTION NO. 272.73
WHEREAS, sealed proposals
have been subni tied by contrac.
tors for the 1973 Storm Sewer Im-
provement Program- pursuant to
Resolution No. 23 and notice
to bidders published in a news -
Ju 1073 and July d r on
July 13,�973,
and
WHEREAS, said sealed pro.
posals were opened and read on
August 2, 1973, and it has been
determined that the bid of M. F.
Goerdt Construction Co. of Dubu
que, Iowa in the amount of
$208,819.85 was the lowest bid for
the furnishing of all labor and
materials and performing the work
as provided for in the plans and
specifications; now therfore,
Session, August 6, 1973 447
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award.
ed to M. F. Goerdt Construction
and the Manager be and he is
hereby directed to execute a con-
tract on behalf of the City of Du-
buque for the complete persor-
mances of said work.
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approval of the con-
tractors bond the City Treasurer
is authorized and instructed to re-
turn the bid deposits of the un.
successful bidders.
Passed and adopted this 6th day
of August, 1973.
Joseph J. Bitter
Mayor
Wayne A. Moldenhauer
C. Robert Justmann
Walter A. Pregler
Allan T. Thoms
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thorne. Carried by
the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
RESOLUTION NO. 273.73
WHEREAS, the Property owner
of Lot 3 and Lot 4 of Block 10-A
"Key Knolls Subdivision" in the
City of Dubuque, Iowa, has filed
with the City Clerk of the City
of Dubuque, Iowa, a petition re-
questing the vacation of the platted
five foot (5') wide easements in
said Lot 3 and Lot 4 and
WHEREAS, the property owner
has submitted a plat for the pur-
pose of extinguishing the five foot
IV) utility's easements shown
thereon; and
WHEREAS, the public utility
companies entitled to use said
easements have consented to said
vacation; and
WHEREAS, Sections 409.18 and
409.19 of the 1971 Code of Iowa
Provide for the vacation of plats
in this manner;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUN.
CIL of the City of Dubuque, Iowa,
that said petition and plat for the
vacation of the platted five foot
(5') wide easements in Lot 3 and
Lot 4 of Bloolc 10-A in "Key Knolls
Subdivision" In the City of Du-
buque, Iowa, be and the same
are hereby approved, and the Ma-
yor and Clerk are hereby authmz-
od and directed to endorse the
approval of the City of Dubuque
upon said plat for the vacation
Of the aforementioned easements.
Passed, adopted and approved
by the recorded roll call vote this
6th day of August, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allen T. Thome
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thorns moved adop.
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
RESOLUTION NO. 274.73
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa that the following having
compiled with the provisions of
law relating to the sale of Ci.
garettes within the City of Du.
buque, Iowa, be granted a permit
to sell Cigarettes and Cigarette
papers within said City.
Herbert Bisping, 1401 Elan Street
Joseph L. Diener, 1084 University
Avenue
Robert Kehl, 62 Locust Street
Eugene L. Kapp, 951 Main Street
Sally Josephine Roy, 460 Central
Avenue
Peter J. Takos, Jr., 19M Central
Avenue
BE IT FURTHER RESOLVED
that the bonds filed with the ap-
plication be approved.
Passed, adopted and approved
this 6th day of Auguai, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thorns
Wayne A. Moldenhauer
Councilmen
44R Regular Session, August 6, 1973
Attest; NOW THEREFORE BE IT RE-
Leo F. Frommelt SOLVED by the City Council of
City Clerk the City of Dubuque, Iowa, that
Councilman Thorns moved adop- the Manager be authorized to cause
tion of the resolution. Seconded to be issued to the following named
by Councilman Pregler. Carried applicants a Beer permit.
by the following vote:
Yeas - Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thorns.
Nays -- Councilman Justmann.
RESOLUTION NO. 275.73
WHEREAS applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY OF DU-
BUQUE, IOWA, that the following
applications be granted and a per-
mit be issued upon the compliance
with the terms of the ordinances
of the City.
CLASS 'B" BEER PERMIT
Women Recreation Association,
McAleeee Field and Sunday
Sales.
Phillip T. Langas, 1165 Lorm Blvd
Sunday Sales
CLASS "C" BEER PERMIT
Great Atlantic and Pacific Tea Co.,
Inc., 3333 Asbury Road
Passed, adopted and approved
this 6th day of August 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thorns
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thorns moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
RESOLUTION NO. 276.73
WHEREAS, application 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 be
occupied by such applicants were
inspected and found to comply
with the ordinances of this City
and they have filed proper bonds;
CLASS 'B" BEER PERMIT
Womens Recreation Association,
McAleece Field and Sunday
Sales.
Phillip T. Langas, 1166 Loras Blvd.
Sunday Sales
CLASS "C" BEER PERMIT
Great Atlantic and Pacific Tea Co.,
Inc., 3336 Asbury Road
Passed, adopted and approved
this 6th day of August 1976.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thorns
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thorns moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays —None.
RESOLUTION NO. 277.73
WHEREAS, applications for Li-
quor Licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following application be grant-
ed and lieenes issued upon the
compliance with the terms of the
IOWA LIQUOR CONTROL ACT —
CHAPTER 191 --as amended by the
64th General Assembly, 1971.
CLASS "C" (COMMERCIAL)
LIQUOR -BEER LICENSE
David L. Barnhart and Pearl See-
ley, MW Central Avenue
Sally Josephine Roy, 400 Central
Avenue
Donna M. Ginter, 342 Main Street
and Sunday Sales
Pete S. Sfikas, 401 Central Ave-
nue and Sunday Sales
Town Clock Inn, Inc., Town Clock
Plaza Sunday Sales
Regular Session, August 6, 1973 449
Passed, adopted and approved
this 6th Day of August 1973.
Jospeh J. Bitter
Mayor
Walter A. Pregler
Allan T. Thorns
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thorns moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays —None.
RESOLUTION NO. 27 &73
WHEREAS, applications for Li-
quor Licenses were Oiled by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
State Law and all City ordinances
relevant thereto and they have
filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is.
sued to the following named appli-
cants a Liquor license.
CLASS "C' (COMMERICAL)
LIQUOR —BEER LICENSE
David L. Barnhart and Pearl See-
ley, 2466 Central Avenue
Sally Josephine Roy, 406 Central
Avenue
Donna M. Ginter, 342 Main Street
and Sunday Sales
Pete S. Sfikas, 401 Central Ave
Due and Sunday Sales
Town Clock Inn., Inc, Town Clock
Plaza Sunday Sales
Passed, adopted and approved
this 6th Day of August 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thorns
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thorns moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays —None.
Mayor Bitter made the following
appointments: Bernard Fahey, Dr.
Robert Vernon, Alex Thompson,
Joseph R. Schmitt, Thomas W. Mc-
Kay, Urban Haas, Andrew C. Hem-
mer, R. J. Caldwell, Roy C. Mac -
kert, David Wahlert, Burton S.
Payne, Helen K. McLaughlin to
the Citizens Transportation Com-
mittee and requested that an ap-
propriate resolution be drawn. Mrs.
Eileen Coursey and Rev. Samuel
Calian were appointed to the 1A.
brary Board for six year terms
to July 1, 1979; Betty Nugent and
Michael C. Reilly were appointed
to the Playground & Recreation
Commission for three year terms
to July 5, 1976.
Councilman Pregler moved rati-
fication of the appointments. Se-
conded by Councilman Thorns. Car
stied by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
There being no further business
Councilman Thorns moved to ad-
journ. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays - -None: -
Leo F. Frommelt
City Clerk - -
Approved
Adopted ................... ...........................1974
............................. ...............................
Councilmen
Attest: ................. ...............................
City Clerk
i
i
t'
450 Special Session, August 20, 1973
CITY COUNCIL
OFFICIAL
Special session, August 30, 1973'
Council met at 7:30 P.M. (C.D.
T.)
Present — Mayor Bitter, Coun-
cilmen Justmann, Moldenhauer,
Pregler, Thoms. City Manager Gil-
bert D. Chavenelle.
Mayor Bitter read the call and
stated that service thereof h ad
been duly made and this meeting
is called for the purpose of con-
ducting public hearings on amend-
ments, to Ordinance No. 334 (mown
as the Zoning Map and Zoning
Ordinance of the City of Dubuque,
Iowa, and acting upon such other
business as may properly come
before a regular meeting of the
Council.
Councilman Pregler presented
the Council with a sketch of the
Delta Queen drawn by Louise B.
Sark of Chicago III., containing
9D signatures, and captioned
"Thanks for Gracious Hospitality."
Counclman Pregier moved that
the sketch be received and filed.
Seconded by Councilman Molden-
hauer. Carried by the following
vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorne.
Nays —None.
Communication of George Dein-
inger submitting his resignation
from the Board of Zoning Adjust-
ment, presented and read. Mayor
Bitter moved that the communi-
cation be received and filed with
regret and that he would com-
municate his appreciation for ser
vices rendered. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays —None.
Communication of Iowa Engi-
neering Society, Dubuque Chapter,
recommending that a registered
professional engineer be selected
as a member of the Transportation
Committee, presented and read.
Mayor Bitter moved that the com-
munication be received and filed.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Theme.
Nays —None.
Playground and Recreation Com-
mission submitting minutes of their
meeting conducted on July 9, 1973,
presented for the record. Mayor
Bitter moved that the minutes be
received and filed. Seconded by
Councilman Moldenhauer. Carried
by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
Communication of Key City Plat-
ing Co. submitting a copy of a
letter from Corning Laboratories
relating to any problems that may
exist between Key City Plating
and Keystone Gelatin, more parti-
cularly related to the proposed con-
struction of a building by Key
City Plating in the Keystone Ge-
latin area, presented and read.
Mayor Bitter moved that the com-
munication be received and filed
and that the rules be suspended
in order to let anyone present ad-
dress the Council if they so de-
sire. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays —None.
Bob Dorothy of the Industrial
Bureau stated that the matter be-
tween the two companies has been
resolved.
August 16, 1973
To the Honorable Mayor
and City Council
I herewith submit the reports
of the City Treasurer, City Auditor,
Water Superintendent, Health De-
partment, as well as a list of
claims paid, for the month of July
1973.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the reports be received and filed.
Seconded by Councilman Thorns.
Carried by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Theme.
Nays —None.
Proof of Publication, certified to
by the Publisher, of list of re-
ceipts and Disbursements and also
Special Session, August 20, 1973 451
list of claims for June 1973, pre.
sented and read. Councilman Preg.
ler moved that the proof be re-
ceived and filed. Seconded by
Councilman Thorns. Carried by the
following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays -None.
August 16, 1973
To the Honorable Mayor
and City Council
I return to you the petition of
Mr. Remakel and others about ga.
soline odors at 138'1 Dodge, along
with letter reports of tests made
on two occasions.
Although discussion continues
with the gasoline station operator,
no further arrangements have been
made to modify the station's ope-
ration.
Gilbert D. Chavenelle
City Manager
Councilman Justmann moved
that the communication be re-
ceived and filed. Seconded by
Councilman Moldenhauer. Carried
by the following vote:
Yeas — Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
August 8, 1973
Honorable Mayor and
City Council
I would like your approval to
include paving of approximately
4.10 feet of roadway in Eagle Point
Park, in our 19M Hot Mix Hot
Laid Asphalt Program, which has
been contracted for by Muligrew
Blacktop Inc.
The cost of the project based
on the 1973 Hot Mix Program bid
prices would be approximately
$7,000. 19ris will increase the Hot
Mix Program by about 3 %.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved ap-
cilman Moldenhauer moved that
the proof of publication be re.
ceived and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregier,
Thoms.
Nays —None.
August 16, 1973
Honorable Mayor and Members
of the City Council
Please be advised that I have
approved the following bonds and
policies and desire to have your
approval on same.
SIDEWALK CONSTRUCTION
BONDS
Merl Goerdt, db-a M. F. Goerdt
Construction Co. Western Surety
Co., Bond No. 5485721, dated Au-
gust 1, 1973.
Hartmann Construction Co., Wes-
tern Surety Co. Bond #5486526,
dated August 8, 1978.
COMPREHENSIVE
LIABILITY POLICIES
Wright Tree Service Inc. Fire-
men's Fund Insurance Co. Policy
No. LG16742.65, to 8d -76.
Louis Buechel, U. S. Fidelity &
Guaranty Co. Policy No. ICC
658677, to 8- 25 -74.
Ken Schromen, Bituminous Ca.
sualty Corporation, Polley No. GA
737709, to July 1, 1974.
Robert J. Schulte, Hawkeye Se.
ourity Insurance Co. Policy No.
GA 2-8la3 M, to April 28, 1974.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved filing
approval of the bonds and policies
subject to approval of the City
Attorney. Seconded by Councilman
Moldenhauer. Carried by the foi-
lowing vote:
Yeas — Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays —None.
proval of the recommendation. Se- I August 10, 1973
conded by Councilman Justmann, f Honorable Mayor & City Council
Carried by the following vote: On June 16, 1972 and June 19,
Yeas —Mayor Bitter, Councilmen 197,2 inspections by the Housing
Justmann, Moldenhauer, Pregler, Department were made cd two sto.
Thoms. ry, three family, row frame dwell-
Nays—None. ing, known as 470 - 476 -480 East 14th
Proof of Publication, certified to Street, Dubuque, Iowa. Several vio.
by the Publisher, showing an lations of the Minimum Housing
amount of $162,662 expended from Code were noted, and the following
revenue sharing funds to June 30, correspondence was sent to th
1973, presented and read. Coun- owners of record:
i
I
452 Special Session, August 20, 1973
Re: 406 East 14th Street, Dubuque,
Iowa
On June 19, 1973 a letter was
sent to Lester Bitzberger, ISM
Washington Street, Dubuque, Iowa,
listing a number of Code violations.
On January 26, 1973, a letter
was sent to Mr. Bitzberger order-
ing him to make the premises
comply with the City of Dubuque
Housing Standards within fifteen
(15) days.
On February 13, 1973, a notice
was sent to Mr. Bitzberger notify-
ing him to appear to shone cause
why said structure should not be
vacated and removed.
March 7, 1983, Mr. Bitzberger
was ordered to vacate all persons
from same forthwith and said nui-
sauce rammed.
Structure was vacated and the
City Manager, in accordance to
City Ordinance No. 3552, gave Mr.
Bitzberger ten (10) days to dis-
mantle and clean up the premises.
Re: 476 East 141h Street, Dubuque,
Iowa
The owner of record is the Pa-
trick J. Norton Estate. On June
16, 1972 notice was sent to Mr.
James L. Norton, 214 Southgate,
Dubuque, Iowa, and Mrs. Ann Dil-
lon, 996 Langworthy, Dubuque, Io-
wa, informing them the said struc-
ture was posted as unfit for human
occupancy.
January 26, 1973 an order was
sent to Janes L. Norton and Mrs.
Ann Dillon to make the premises
comply with the Housing Standards
within fifteen (15) days.
June 26, 1673, the City Manager,
in accordance to the City Ordi-
nance No. 3552, ordered the above
structure dismantled and to clean
up the premises. All known heirs
of the Patrick J. Norton Estate
were notified by Certified mail at
their last known addresses.
Re: 460 East 14th Street, Dubuque,
Iowa
The owner of record is the Pa-
trick J. Norton Estate. On June
19 1902 notice was sent to Jaynes
L. Norton, 214 Southgate, Dubuque,
Iowa, and Mrs. Ann Dillon, 996
Langwortby, Dubuque, Iowa, list-
ing several violations of the Mini-
mum Housing Standards.
January 25, 1973, an order was
sent to Mr. James L. Norton and
Mrs. Ann Dillon, to make the pre-
mises comply with the City of
Dubuque Housing Standards with-
in fifteen (15) days.
March 7, 1973, an order was
sent to Mrs. Ann Dillon to vacate
the same forthwith and said nui-
sance removed.
June 26, 1073, the City Manager,
in accordance to City Ordinance
No. 35-62, ordered the above struc-
ture dismantled and to clean up
the premises. All known heirs of
the Patrick J. Norton Estate were
notified by Certified mail at their
last known addresses.
These orders have not been com-
plied with and I recommend to
the City Council that the provisions
of Ordinance No. 35-52 be enforced
and the owners of said buildings,
known as 470 East 14th Street,
Dubuque, Iowa, and located on Lot
1 of 2 Sub W. 65' of Lot 210
and W. 65' of Lot 211, East Du-
buque Addition, City of Dubuque,
Iowa, also 476 East 14th Street,
Dubuque, Ionia, and located on Lot
2 of 2 of W. 65' of Lot 210 and
West 65' of Lot 211, East Dubu-
que Addition, City of Dubuque, Io-
wa, also 460 East 14th Street, Du-
buque, Ionia and located on Lot
1 of Sub W. 65' of Lot 210 and
W. 65' of Lot 211, East Dubuque
Addition, City of Dubuque, Iowa,
be required to dismantle said build-
ings and clean up the premises.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
a public hearing be set for Sep-
tember 17, 1976 and the Clerk be
instructed to publish notice of same
in the manner required by law.
Seconded by Councilman Molden-
hauer. Carried by the following
vote:
Yeas -Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays -None.
August 16, 1973
To the Honorable Mayor and
Members of the City Council
In accordance with the provisions
of Chapter 366 of the 1973 Code
of Iowa, as amended, the Civil
Service Commission conducted En-
trance Examinations for the Fire
Department on April 12, 197(1.
The following named applicants
passed both the written and physi-
cal examinations and are hereby
certified for appointment. -
Special Session, August 20, 1973 453
Hammel, William K . ..............85%
Kean, James M. ........................ 70%
Gerard B. Noonan
Chairman
Louis F. Fautsch
Civil Service Commission
Attest:
Leo F. Frommelt
Clerk
Subscribed and sworn to before
me this 20 day of August 1973.
Paul R. Sutton
Notary Public
Councilman Pregler moved that
the communication be received and
made a matter of record. Seconded
by Councilman Moldenhauer. Car-
ried by the following vote:
Yeas -Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays--None.
August 9, 1973
Honorable Mayor
and City Council
On June S, L973, Paul J. Welsh
of 1270 West 5th, this city, filed
claim against the City of Dubuque
in the amount of $34.48 claiming
damages to his motor vehicle on
June 6, 1973 and alleging said da-
mages occurred as the result of
striking a hole in the street on
West 5th between Bluff and Need-
ham Place.
This matter was referred to the
City attorney who has made an
investigation thereof and checked
with the Street Department and
has determined there is no action-
able negligence or liability on the
part of the City. In view of the
foregoing, it is the recommendation
of the City Attorney that said claim
be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Moldenhauer moved
approval of the recommendation.
Seconded by Mayor Bitter. Car-
ried by the Wowing vote:
Yeas -Mayor Bitter, Councilmen
Justmann, Moklenhaaer, Pregler,
Thoms.
Nays -None.
August 7, 1973
Honorable Mayor
and City Council
On March 13, 1973, L. G. Shaf-
fert of 555 Cooper Place, this city,
filed claim against the City of
Dubuque claiming damages to his .
motor vehicle in the amount of
$156.00 and alleging said damages
occurred on February 8, 1972 as
the result of said vehicle sliding
on an icy patch at 566 Cooper
Place as the result of wader on
the street from a broken water
main.
This matter was referred to the
appropriate City Agency who re-
ported be the office of the City
attorney that said matter had been
amicably disposed of. In view of
the foregoing, it is the recommen-
dation of the City Attorney that
said claim be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Moldenhauer moved
approval of the recommendation.
Seconded by Mayor Bitter. Car-
ried by the following vote:
Yeas -Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays -None.
August 6, 1973
Honorable Mayor
and City Council
On June 27, 1973, Mr. and Mrs.
Doyle Fonley, through their attor-
ney, filed claim against the City
of Dubuque in the total amount
of $1405.43, being $855.40 claimed
for property loss and $550.00 for
corrective valve to prevent such
flooding in the future, and alleging
said property damages occurred
on June 2, 1973 as the result of
a sewer backup and that said cor-
rective valve should have been in-
stalled prior to inspection of the
premises.
This matter was referred to the
appropriate City Agency who made
an investigation thereof and re-
ported to the City Attorney by
letter dated July Z7, 1976 of no
actionable negligence on the part
of the City of Dubuque. In view
of the foregoing, it is the recom-
mendation of the City Attorney
that said claim be denied.
Original claim is returned here-
with.
R. N. Russo
city Attorney
Councilman Moldenhauer moved
approval of the recommendation.
Seconded by Mayor Bitter. Car.
ried by the following vote:
Yeas -Mayor Bitter, Councilmen
454 Special Session, August 20, 197
Justmamn, Moldenhauer, Pregler,
Thorns.
Nays —None.
July 30, 1973
Honorable Mayor
and City Connell
On June 22, 4073, Francis G.
Bries of 380 College Street, this
city, filed claim against the City
of Dubuque in the total amount
of $100.00 claiming damages to Per -
sonal property in the basement
of his home at said address on
May 14, 1973 as the result of a
sewer backup.
This matter was referred to the
appropriate City Agency who has
made an investigation of said claim
and reported to this office of no
negligence on the part of the City
and in view of the foregoing, it
is the recommendation of the City
Attorney that said claim be de-
nied.
Original claim is returned' here-
with.
R. N. Russo
City Attorney
Councilman Moldenhauer moved
approval of the recommendation.
Seconded by Mayor Ritter. Car-
ried by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays Phone.
The property damage claim of
Herbert Goedken of 847 Kaufmann
Ave. was reviewed, after a visit
by the Council to the grounds,
said claim was denied in June
1973. Councilman Thorns moved to
reaffirm denial of the claim as
submitted by the City Solicitor.
Seconded by Councilman Molden-
hauer. Carried by the following
vote:
Yeas�Ma9or Bitter, Councilmen
Justmaun, Moldenhauer, Pregler,
Thorns.
Nays —None.
Notice of car damage claim of
Tim Denman, in the amount of
$69.00, for car damage incurred
as the result of said car being
struck by the city street sweeper
on August 13, 1993, presented and
read. Councilman Moldenhauer
moved that the claim be referred
to the City Solicitor for f rvesti-
gation and report. Seconded by
Councilman Pregler. Carried b
the following vote:
Yeas — Mayor Bitter, Councilme
Justmann, Moldenhauer, Pregler,
lllnoms.
No &- -None.
Notice of personal injury claim
of Clara L. Michels , in an un-
determined amount, for personal
injuries received in a fall on a
defective sidewalk in front of the
Fischer Arcade building at 880 Lo-
oust St. on August 2, 1973, pre-
sented and read. Councilman Mel -
denhauer moved that the claim
be referred to the City Solicitor
for investigation and report. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays —None.
Notice of Suit of Doyle W. &
Marilyn Fonley, in the amount of
$1405,43, for damage and expense
incurred as the result of a backed -
up sanitary sewer, at 773 Cody
Drive, on June 2, 1973, Presented
and read. Councilman Moldenhauer
moved that the notice be referred
to the City Attorney for investiga-
tion and report. Seconded by Coun-
cilman Pregler. Carried by the
following vote:
Yeasldayor Bitter, Councilmen Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
Proof of Publication, certified to
by the Publisher, of notice of Pub-
lic hearing on a proposed Ordl-
nance amending Ordinance No. 3-
34 known as the Zoning Map and
Zoning Ordinance of the City of
Dubuque, Iowa, by classifying re-
cently annexed property as a Lo -
cal Business "B" District, being
that part of Lot 1 of Lot 2 of
Hawkeye Stock Farm in Sections
27 and 28, Township 89 North,
Range 2 East of the 51h P.M.
and a vacated part of Division
Street, followed by metes and
bounds description, presented and
read.
No written objections were filed
and no oral objector& were heard
at the time set for the public
hearing. Councilman Pregler mov-
ed that the proof of Publication
be received and filed. Seconded
by Councilman Moldenhauer. Car-
ried by the following vote:
y Yeas Bitter, Councilmen
Moldenhauer, Pregler, Theme.
Nays — Councilman Justmann.
Special Session, August 20, 19 455
ORDINANCE NO. 43-73
An ordinance amending and chang-
ing Ordinance No. 3.34 (mown as
the "Zoning Ordinance and Zoning
Map of the City of Dubuque, Iowa,"
zoning and classifying territory re-
cently annexed to the City of Du.
buque, Iowa as a "Local Business
'B' District', which real estate
is hereinafter described, said Or-
durance having been previously
presented and read at the Council
meeting of Judy 30, 1973, presented
for final adoption.
ORDINANCE NO. 43.73
AN ORDINANCE AMENDING
AND CHANGING ORDINANCE
NO. 334 HOW AS THE "ZON-
ING ORDINANCE AND ZONING
MAP OF THE CITY OF DUBU-
QUE, IOWA ", ZONING AND
CLASSIFYING TERRITORY RE-
CENTLY ANNEXED TO THE CI-
TY OF DUBUQUE, IOWA AS A
"LOCAL BUSINESS 'B' DIS-
TRICT", WHICH REAL ESTATE
IS HEREINAFTER DESCRIBED.
WHEREAS, the real estate here-
inafter described was recently an.
nexed to, and became a part of
the City of Dubuque, Iowa by Re-
solution No. 19473 of the City
Council, passed, approved and
adopted at its meeting of June
11, 1973, which annexation was up-
on voluntary petition, and
WHEREAS, the Planning a n d
Zoning Commission of .the City of
Dubuque, Iowa has approved and
recommended that said territory
recently annexed and hereinafter
described be zoned and classified
as a "Local Business 'B' District."
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Ordinance No.
334 known as the "Zoning Ordi-
nance and Zoning Map of the City
of Dubuque, Iowa ", be and the
same is hereby amended by clas-
sifying recently annexed property
as a "Local Business B' District ",
to wit:
That part of Lot 1 of Lot 2
of Hawkeye Stock Farm in See -
tions 27 and 28, Township 89
North, Range 2 East of the 5th
Principal Meridian, and a va-
cated apart of Division Street de-
scribed as follows: Commencing
at the East One - Quarter Corner
of Section 28, Township 89 North,
Range 2 East of the 5th Prmm-
pal Meridian, being in Dubuque
Township, Dubuque County, Io-
wa; thence South 461.07 Legit on
section lute between Sections 28
and 27, Township 89 North,
Range 2 East of the 5th Prinaf-
pa4 Meridian to southerly right -
of -way line of U.S. Highway No.
20 and point of beginning of the
street to be vacated; thence
North 88 degrees 14' East along
said southerly rightaf -way line,
30.01 feet; thence South 476.77
feet to north line of Orchard
Street; thence South 83 degrees
50' West, 30.17 feet along said
North line of Orchard Street to
said section line; thence North
479.08 feet along said section fine
to ,point of beginning, and com-
mencing at the East One -Quar-
ter Corner of Section 28, Tawn-
ship 89 North, Range 2 East of
the 5th Principal Meridian;
thence South 461.07 feet along
the section line between Sections
28 and 27, Township 89 North,
Range 2 East of the 5th Princi-
pal Meridian to the southerly
r+ightof4way line of U.S. High-
way No. 20 and the point of be.
ginning; thence South 88 degrees
night-of-way line; thence South
479.31 feet to the North line of
Orchard Street; thence North 89
degrees 50' East, 3.02 feet along
said North line; thence North
479.08 feet to the point of be-
ginning, all lying South of the
southerly riight-of� way line of U.
S. Highway No. 20 in Dubuque
Township, Dubuque County, Io-
wa, and is totally described as
follows: Commencing at the West
One - Quarter Corner of Section
27, Township 89 North, Range
2 East of the 5th Principal Me-
ridian; thence South 481.07 feet
to the southerly right-of-way line
of U.S. Highway No. 20; thence
South 88 degrees 12' 45" West,
3.00 feet to the point of begin.
ning; thence North 88 degrees
12' 46" East, 891.45 feet along
said southerly right-of-way line;
thence South 1 degree 9' 15"
East, 225.60 feet; thence South
88 degrees 34' 30" West, 333.00
feet; thence South 3 degrees 19'
45" East, 69.92 feet; thence South
86 degrees 40' 16" Wast, 15.00
feet; thence South 3 degrees 19'
4,
456 Special Session, August 20 1973
45" East, 1412.75 feet; Thence
South 83 degrees 50'15" West,
563.35 feet; thence North 479.30
feet to the point of beginning,
all in the City of Dubuque, Io-
wa, be and the same is hereby
classified and zoned as a "Lo-
cal Business 'B' District."
Section 2. That said territory be
and the same shall be in and
became part of the Nineteenth Vot-
ing Precinct of Dubuque, Iowa.
Passed, approved and adopted
this 20th day of August, 1973.
Joseph J. Bitter
Mayor
Wayne A. Moldenhauer
Walter A. Pregler
Allan T. Thorns
Councilmen
ATTEST:
Leo - F. Frommelt
City Clerk
Published officially in The Tele-
graph- Herald Newspaper this Zird
day of August 1973
Leo F. Frommelt
City Clerk
Map and Zoning Ordinance of the
City of Dubuque, Iowa ", by amend-
ing Article IV, Section 2, Subsec-
tion (t) thereof to include certain
describe real estate to permit off
street parking, said Ordinance hav-
ing been previously presented and
read at the Council meeting of
July 30, 1073, presented for Final
Adoption,
ORDINANCE NO. 44 -73
AN ORDINANCE AMENDING
ORDINANCE NO. 3-34 KNOWN AS
THE "ZONING MAP AND ZON-
ING ORDINANCE OF THE CITY
OF DUBUQUE, IOWA," BY
AMENDING ARTICLE IV, SEC-
TION 2, SUBSECTION (t) THERE-
OF TO INCLUDE CERTAIN DE-
SCRIRED REAL ESTATE TO
PERMIT OFF STREET P A R K-
ING.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That Ordinance No.
3-34 known as the "Zoning Map
It. 8 -23 and Zoning Ordinance of the City
of Dub
Councilman Pregler moved fi- uque, Iowa;' be and the
same is hereby amended by
nel adoption of the Ordinance. Se- amending Article IV, Section 2 (i)
conded by Councilman Thoms. Car - thereof as follow:
ried by the following vote: "Article IV.
Yeas —Mayor Bitter, Councilmen Section 2.
Moldenhauer, Pregler, ThOms. (i) Off street Parking within
Nays — Councilman Justmanu. the following described area: The
proof of Publication, certified to Southerly 3o feet of the Westerly
by the Publisher, of notice of pub- ,h of Lot 31 in L. H. Lang-
lie hearing to amend Zoning Or- worthy's Addition in the City of
dinance No. 3-31, known as the Dubuque, Iowa."
Zoning Map and Zoning Ordinance Section 2. That the foregoing
of the City of Dubuque, Iowa, by Amendment has heretofore been
amending Article IV Section 2 (i) approved by the Planning and Zon-
to permit off-street parking within ing Commission of the City of Du-
the Southerly 30' of the westerly buque, Iowa.
r0a o f Lot 31 in L. H. LangworthY's Passed, approved and adopted
Addn. in the City of Dubuque, Io- this 20th day of August, 1973.
- wa; presented and read. No written Joseph J. Bitter
obeeations were filed and no oral Mayor
objectors were present in the Conn- Walter A. Pregler
cil Chamber at the time set for Allan T Thoms
the public hearing. Councilman Wayne A. Moldenhauer
Pregler moved that the proof of C. R Justmann
publication be received and filed. Councilmen
Seconded by Councilman Thorns. ATTEST:
Carried by the following vote: Lao F. Frommelt
Yeas -Mayor Bitter, Councilmen City Clerk
Justmann, Moldenhauer, Pregler, Published officially in The Tele-
Thoms. graph - Herald Newspaper this 231d
Nays —None. day of August 1973.
ORDINANCE NO. 4473 Leo F. Frommelt
An or amending Ordinance City Clerk
No. 3.34 known as the "Zoning
It. 8-23
Special Session, August 20, 1973 457
Councilman Thorns moved final
adoption of the Ordinance. Second-
ed by Mayor Bitter. Carried by
the following vote:
Yeas — Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays —None.
Communication of Dubuque Air-
port Commission submitting a pro-
posed Ordinance with an Airport
resolution attached, presented and
read. Councilman Moldenhauer
moved that the communication be
received and filed. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays —None.
Mayor Bitter moved that the Or-
dinance, be tabled until the Coun-
cil meeting scheduled for Septem-
ber 4,'1973. Seconded by Council-
man Justmann. Vote on the mo-
tion was as follows:
Yeas--Mayor Bitter, Councilman
Justmann.
Nays -- Councilmen Moldenhauer,
Pregler, Thorns.
MOTION LAST.
ORDINANCE NO. 45.73
An ordinance providing for t h e
name, control, supervision and ope-
ration of "The Dubuque Municipal
Airport" and providing for a pe-
nalty for the violation of the pro.
visions hereof, presented and read.
Councilman Moldenhauer moved
that the - reading just had be con-
sidered the first reading of the
Ordinance. Seconded by Council
man Pregler. Carried by the fol-
lowing vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays —None.
Councilman Moldenhauer moved
that the rule requiring an Ordi.
Dance to be read on three separate
days be waived. Seconded by Coun-
cilman Pregler. Carried by the
following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays —None.
ORDINANCE NO. 45.73
AN ORDINANCE PROVIDING
FOR THE NAME, CONTROL, SU-
PERVISION AND OPERATION
OF "THE DUBUQUE MUNICIPAL
AIRPORT" AND PROVIDING
FOR A PENALTY FOR THE VIO-
LATION OF THE PROVISIONS
HEREOF.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the airport'lo-
cated in Table Mound Township
now the property- of the City o'
Dubuque be and the same is named
"The Dubuque Municipal Airport."
Section 2. Limitations on use.
Only aircraft and airmen licensed
by the Federal Aviation Adminis-
tration of the United States De-
partment of Transportation shall
operate on or over the airport;
PROVIDED, HOWEVER, that this
restriction shall not apply to pub-
lic aircraft of the Federal Govern-
ment or of a state, territory or
possession, or of a political sub-
division thereof, or to aircraft li-
censed by a foreign country with
which the United States has a re
ciprocal agreement covering the
operation of such licensed aircraft.
Section 3. Conformity to govern.
ment regulations. No person shall
navigate any aircraft over, land
upon, or fly the same from, or
service, maintain, or repair any
aircraft upon the airport, or con-
duct any aircraft operations on
or from the airport otherwise than
in conformity with the require-
ments of the Federal Aviation Ad.
ministration.
Section 4. Adoption of govern.
ment regulations. The Federal Air
Regulations as established by the
Federal Aviation Administration
are hereby . adopted by reference
and made a part of these rules,
except where they are in conflict
with the regulations of the United
States Air Force.
Section S. Office of airport mana.
ger created. The office of airport
manager is hereby created, who
shall perform such duties as shall
from time to time be required.
Section 6. Duties of Airport me.
nager. In add'i'tion to general ma.
nagement and supervision of the
airport, including the regulation of
all activities connected therewith
the airport manager shall be re-
sponsible for all activities of the
civil landing area, the continued
maintenance . of adequate person-
lg
ihP
{
r
458 Special Session, August 20, 1973
nel, protective facilities, and re-
within the cosines of the munici-
cords of all flight operations as
pal airport. without having first
may be required by the Federal
secured a permit from the Air -
or
Aviation Administration; prohibit
in
port Comrrdssuon and paid,
made Tange sums
the operation o o civil aircraft
violation any rules or regula-
pay. fees or of
au as
tiom prescribed by the Federal
money may be fixed and deter
Aviation Administration issue all
turned by the Airport Commission
permits approved by the Airport
for such privilege of concessions.
11. Registration required.
Commumon; and collect all fees
prsecribed by the ordinance or the
section
The names, addresses, telephone
rules and regulations hereinafter
numbers, and nature of business
provided for.
Power.
or occupation o f all persons sta-
tioned or employed upon the city
Section 7. Rule- making
The Airport Commission shall pro-
airport or receiving instruction
mulgate and put In force such
be
thereon, or operating therefrom,
shall be registered at the adminis
rules and regulations as shall
deemed necessaTY for the prope°
tration office of the airport, except
operation, control and regulation
United States Officers or ,personnel.
of said airport. A copy of sun
be Sled
Section 12. Waiver and indem.
granted by
rules and regulations shall
nity. The permission
with the Airport Manager together
the Airport Commission to use the
with any amendments thereto;
airport and its facilities, or to
also, copiers thereof shall be posted
fly to, from or over the same,
in two (2) conspicuous places in
shall be at all times conditioned
the administration building at thr
upon the assumption of full re-
municipal airport.
sponstbility therefor by every per-
Section s. Suspension of Rules.
son exercising or taking advantage
Any o these traffic rules and re-
of such permission. It shall be
gulagnns that are in conflict with
a further condition thereof that
or contrary to the rules and re-
each person, as a consideration
gulations of the United States Air
for the use of the airport and
Force shall be suspended during
for its facilities, shall at all times
any tenancy o the United State
release, hold harmless and indem-
Air Force, and such other rules
nify the city of Dubuque, Its Of
and regulations as the Post Com
ficials and their agents and em-
mander may prescribe shall be
ployeas from any and all responsi-
put into full effect by eupplemen-
)plity, liability, loss or damage re-
t notices issued in the form Of
suiting to any such person, or
Special Filed Orders by the air-
caused by or on his behalf and
port manages. These Special Field
ineident to the manner in which
orders shag be effective and made
the airport is operated, construct
a part of said rules and regula-
ed or maintained, or served from
boos.
within or without, or used from
Section 9. Permits required. No
without. The use of the airport
person, firm or corporation shall
by any person for any purpose,
fees therefor,
use the municipal airport as a
or the paying of
or the taking -off or landing air.
base or terminal for the carrying
of commercial aviation, the car-
craft thereon shall be itself an
on
rying of passengaa, freight, ex-
for student flying,
acknowledgment that such person
accepts such privileges on the con -
prom, mail, or
communications or other cam-
dition herein set forth.
mercial or private purpose, with-
Section 13. Violations. Any per -
out first securing a permit from
son operating or handling any air -
the -airport manegar and paying
craft in violation of the provisions
the fees and charges prescribed
of this ordinance, the rules and
for such privileges. use, or ser-
regulations promulgated hereun-
view rendered,
der, or amendments thereto, or
section 10. Concessionaries. No
who refuses to comply therewith
person, firm or corporation shall
shall be promptly removed and
ejected from the airport by or
engage in the sale of refreshments
Ma.
of any other commodity, ga'so-
under authority of the Airport
or
line, oil, or any Mho merchandise,
nager, and, upon the written or.
services for hire
der of the Airport Manager, may
or rends 1109
Special Session,
be denied the further use of the
airport and its facilities for such
length of time as may be required
to insure the safety of the airport
and the public and its interest
therein.
Section 14. Penalties. Any per-
son, firm, society, partnership or
corporation violating any provi-
sions of this ordinance, the rules
and regulations promulgated here-
under, or amendments thereto, up-
on conviction shall be punished
by a fine of not more than One
Hundred ($100.00) Dollars or by
imprisonment for Dot more than
thirty (30) days.
Section 15. Ordinance No. 10-45
passed, adopted and approved on
the 19th of day of April, 1948 be
and the same is hereby repealed.
Passed, approved and adopted
this 20th day of August, W73.
Joseph J. Batter
Mayor
Waiter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in The Tele-
graph-Heraid Newspaper this 23rd
day of August 1973.
Leo F. Frommelt
City Clem
It. 8-23
Councilman Moldenhauer moved
final adoption of the Ordinance.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —Noce.
August 16, 1073
To the Honorable Maya
and City Counpid
Please find attached an Ordi-
nance providing for the instatda-
tion of a concrete access stairway
on public right- 9f4way from Carl-
ton Street to the residence at 2767
Carlton Street under the o war-
ship of Charles L. and Ethel I.
Fenley.
The grade from the cunbline on
Carlton donvn to their home is such
that a stairway across pubbe ri�ght-
o+way is necessary to provide a
safe entrance. There existed a de-
teriorated wooden stairway in. this
20, 1973 459
area to provide access to this
home.
Mr. Fenley has requested a per-
mit to construct a new concrete
stairway in this location and has
signed the acceptance of this Or-
dinance protecting the City from
liability in this regard.
We would request that this Or-
dinance be formally adopted by
Your Honorable Body.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the communication be received and
filed. Seconded by Councilman Mot -
denhauer. Carried by the foldoaving
vote:
Yeas — Mayor Bitter, Councilmen
Justmann, Noidenhaver, Pregler,
Thous.
Nays None.
ORDINANCE NO. 46.73
An ordinance authorizing Charles
L. and Ediel 1. Fenley to construct
private access stairway to home,
presented and read.
Oouaredman Pregler moved that
the reading just had be considered
the first reading o the Ordinance.
Seconded by Councilman Molden-
hauer. Carded by the following
vote:
Yeas — Mayor Bitter, Councilmen
Justmace, Moldenhauer, Pregler,
Thous.
Nays —None.
Councilman Pregler moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council-
man Moldenhauer. Carried by the
following vote:
Yeas —Mayor Bitter, Covnilmen
Juskmann, Moldenhauer, Pregler,
Thous.
Nays -None.
ORDINANCE NO. 46 -73
AN ORDINANCE AUT111 M-
ING Charles L. and Ediel I. Fen -
ley TO OONSTRUICT private ae-
cess stairway to home.
NOW THEREFORE BE IT OR-
IDAKiED BY UM MrY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Charles L. and
Ediel I. Fenley as owners of the
premises known as V677 Carbon
(lot 106, lots 1 and 2 of 107),
all of Lenox Addition in the City
of Dubuque, Iowa be, and they
ICI � E�I�,� d�NNNI
' l$ i
kilPof�� p
480 Special Session, August 20, 1973
are Thereby granted the revocable
permit and authority to construct
and maintain a concrete private
access stairway to their residence
under the terms and conditions
set forth in this Ordinance.
Section 2. That such construe -
tion shall be done in accordance
with plans heretofore subanitlted by
permittees and approved by City
Manager, under the supervision
and direction of the City Manager,
and in accordance with all appli-
cable state and federal laws and
regulations, and the Ordinances of
the City of Dubuque.
Section 3. That the permission
herein granted is expressly condi-
tioned on permittees agreement to:
a). Assume any and all liability
for dam -ages to persons or pro-
perty which may result from the
existence, location, installation,
construction or maintenance of
said concrete access stairway to
this residence;
b) To pay on behalf of the City
of Dubuque all sums which the
City of Dubuque shall become ob-
ligated to pal' by reason of the
liability imposed upon the City of
Dubuque for damages of any )find
resulting from the location, intalla-
tion, existence, construction or
maintenance of said concrete ac-
cess stairway to this residence,
sustained by any person or per-
sons, caused by accident or other-
wise, to defend at its own expense
and on behalf of said City any
claim against the City of Dubuque
arising out of the location, Installa-
tion, existence, construction or
maintenance of concrete access
stairway to this residence, and to
pay reasonable attorney fees there-
for;
c). To indemnify and hold City
of Dubuque free and harmless from
any and all claims, lass, liability
and expense for injuries to third
persons or damages to property
of third persons, or for damepe
to any property of City of Du-
buque which may occur as a re-
sult of or in connection with the
location, installation, construction,
maintenance and repair of the fa-
cility worts or improvement per-
mitted herein.
Section 4. That the permission
herein granted is expressly con -
ditioned upon pernittees further
agreement that should the right
and privilege herein granted be
rescinded or revoked by the City
Council, permittees, or their suc-
cessors in interest, as owners of
the abutting property, shall .. with-
in ten (10) days after receipt of
written notice from the City Mana-
ger, so to do, at their own ex-
pense, remove said concrete ac-
cess stairway to this residence,
and in the event of their failure
so to do, the City of Dubuque
shall be authorized to remove said
concrete access stairway, at per -
mittees expense and dispose of the
pen nAtees shall have no claims
against the City or its agents for
damages resulting from the re-
moval of staid concrete access
stairway.
Section S. Permittees covenant
and agree that the revocable per-
mit herein granted does not con.
stitute an approval of the design,
erection, location, construction, re-
pair or maintenance of said facility
and said permittee hereby cave -
n!ants and agrees not to assert
such claim or defense against the
City of Dubuque in the event of
claim asserted for personal injuries
and-or property damage against
the permittee arising out of or
in any way connected with the
location, installation, construction,
design, repair and maintenance of
the facility 'herein permitted.
Section 6. This Ordinance shall
become effective and the rights
hereunder accrue to Charles L.
and Ediel I. Fenley when this Or-
dinance has been adopted by the
City Council and the terms and
conditions thereof accepted by per -
mittees by acceptance endorsed on
this Ordinance.
Passed, approved and adopted
this 20th day of August, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Alian T. Thorns
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
ATTEST:
Leo F. Frommelt
Ctiy Clerk
ACCEPTANCE OF
ORDINANCE NO. 46.73
The undersigned having read and
being familiar with the terms and
conditions of Ordinance No. 46-3
Special Session, August 20, 1973 481
hereby, for themselves, their sue-
cessors or assigns, as owners of
the abutting Property accept the
same and agree to be bound by
the conditions and agreements
therein contained to be performed
by permittees.
Dated August 15, 1973.
By: Charles L. Feeley
By: Ediel I. Fenley
Property owners
Published officially in The Tele-
graph-Herald Newspaper this 23rd
day of August 1873.
Leo F. Frommelt
thty Clerk
It. 8-M
Councilman Pregler moved final
adoption of the Ordinance. Second-
ed by Councilman Moldenhauer.
Carried by the following vote:
Yeas - -Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays -None.
Petition of Tschiggfrie Excavat-
ing requesting permission to emm-
vate at 2UO-14 Kniest Street to
repair a broken water line, pre-
sented and read. Mayor Bitter
moved approval of the petition sub-
ject to approval of the Enghleer-
ing Department. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thous.
Nays- ,None.
Petition of Roy Vyverberg et al
(11 signers) requesting a street
light at or near 929 Indian Ridge,
presented and read. Councilman
Pregler moved that the petition
be referred to the City Manager
and Electrical Inspector for inves-
tigation and report. Seconded by
Mayor Bitter. Carried by the fol-
lowing vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thous.
Nays- -None.
Petition of C. W. Enterprises Inc.
requesting permission to use fron-
tage land for parking purposes,
off Highway No. 20, between Mr.
Steak and John Deere Equipment
dealer, to service a new Regal
8 motel, of approximately 100 units,
presented and read. Councilman
Justmann moved that the petition
be referred to the City Manager
and Staff. Seconded by Mayor Bit-
ter. Carried by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thous.
Nays-None.
Petition of Unification Church re-
questing permission to solicit funds
from door to door, and to those
who wish to contribute a scented
candle is offered, presented and
read.
Three young men representing
the movement addressed the Coun.
cil relative to their proposed plans.
They have taken up residence in
a home on Grace street, near the
University of Dubuque, and would
work mostly with young people.
Councilman Pregler moved ap-
proval of the petition with fnstrue.
lion that the City Mangler set
Up guidelines and investigate more
fully and grant permission for no
longer than one month, as amend-
ed. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas — Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thous.
Nays —None.
Petition of Dubuque Women's
Club requesting that Alpine Street
be closed and blocked off from
W. 3rd to Melrose between 10 A.M.
to 5 P.M. to acaomodate the annual
Fine Arks Festival on September
22nd, Presented and read. Coup'
cilman Justmann moved approval
of the Petition and same be re-
ferred to the Manger for lmple-
mentation. Seconded by Mayor Bit-
ter. Carried by the fallowing vote:
Yeas—Mayor Bitter, Councilmen
Justmanu, Moldenhauer, Pregler,
Thous.
Nays —None.
Petition of Sister Kenny lusti-
tute requesting Permission to con-
duct their annual door-to-door fund
drive, perlerably during Novem-
ber, presented and read. Council-
man Pregler moved that the pe-
tition be referred to the City Mana-
ger for investigation and report.
Seconded by Mayor Bitter. Carried
by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
Petition of Dubuque Jaycees re.
questing a refund of $925. on the
L�nexplred Portion of Class B Been
C
i
462 Special Session, August 20, 1973
penmwt No. 2019, 1 as they have dis-
continued business on August 13,
1973, presented and read. Council-
man Justmann moved that the Pe-
tition be granted and the Auditor
instructed to issue proper warrant.
Seconded by Mayor Bitter. Car-
ried by the fallowing vote:
Years —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays- -None.
Petition of Laverne Felderman
requesting a refund of $18.75 on
the unexpired portion of Class C
Beer permit No. 2, as he has
discontinued business on July 28,
1973, presented and read. Conned-
man Justmamm moved that the re-
fund be granted and the Auditor
instmeted to issue limper warrant.
Seconded by Mayor Bitter. Carried
by the following vote:
Yeas — Mayor Bitter, Councilmen
Just nano, Moldenhauer, Pregler,
Thous.
Nays —None.
Petition of Doris Tigges request-
ing refund of $211.35 on the
unexpired portion of Beer-Liquor
combination license No. C4309, as
she has discontinued business on
July 3a, 10m, presented and read.
Councilman Justmann moved that
the petition be granted and the
Auditor instructed to issue proper
warrant. Seconded by Mayor Bit-
ter. Carried by the following vote:
Yeas— Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Tlhur s.
Nays —None.
RESOLUTION NO. 279.73
WHEREAS, the Mayor, with the
approval and consent of the City
Council, has appointed the here-
inafter maned to the "Citizens
Transportation Committee" of the
City of Dubuque, Iowa;
NOW THEREFORE BE IT BE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the appointment
by the Mayor of the City of Du-
buque, Iowa, Joseph J. Butter, of
those hereinafter named to com-
prisc and compose the "Citaer s
Transportation Committee" of the
City of Dubuque, Iowa be and the
same are hereby approved, jointly
and severally, and that said "Citi-
zens Transportation Committee"
shall be composed of the following
named for the respective terms
of office affixed thereafter each
name, tD -wit:
Bernard Fahey 3 year(a)
Dr. Robert Vernon 3 years)
Alex Thompson 3 Years)
Joseph R. Sehmwtt 3 year(s)
Thomas W. McKay 2 year(s)
Urban Haas 2 year(s)
Andrew C. Hemmer 2 year(s)
R. J. OaW*(!R 2 year(s)
Rey C. Mackert a year
David Waller[ S year
Burton S. Payne a year
Helen K. McLaughlin I year
Passed, adopted and approved
this 20th day of August, 1003.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thorns
Wayne A. Moldenhauer
c. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
city Clerk
Mayor Bitter moved adoption of
the resolution. Seconded by Ooun-
cilman Preeer. Carried by the
following vote:
Yeas - -Mayor Bitter, Councilmen
Justinian , Moldenhauer, Pregter,
Thorns.
Nays -None.
RESOLUTION NO. 260.73
Approving the Fixed +Price Com-
petition Method for offering cer-
tain land in the Downtown Urban
Renewal Project, Iowa R -15, for
redevelopment by private develop.
ers
W�EDEREAS, under date of July
29, 1067, the City of Dubuque and
the United States of America en-
tered into a Loan and Capital
Grant Contract for the undertaking
of the Downtown Urban Renewal
Project, Iowa R46; and
WHEREAS, under date of May
18, 1907, the Council of the City
of Dubuque, after a Public Hear-
ing, duly adopted an Urban Re-
newal Plan for said Project and
which Urban Renewal Plan is on
file in the Office of the City Clerk
and is recorded in the Office of
the Recorder of Dubuque County,
Iowa, in Book 795 of Mortgages,
Pages 236 to 250; and
WHEREAS, pursuant to said Ur-
ban Renewal Plan and said Loan
Session, August 20, 1973 463
and Capital Grant Corrtr+act, the
City of Dubuque has and is ac-
quiring land, relocating slits oe-
ppaats, removing structures and
other improvements, and coa-
trudting and recoriAnxtheg site im-
provements and public facilities;
and
WHEREAS, the Urban Renewal
Plan Provides for the sale of car.
tain Land for redevelopment by
private developers; and
WHEREAS, the Fixed -Prite
Competition method permits the
sale of land on criteria and fac-
tors other than Price and in the
best interests of the Urban Re-
newal Project and the City of Du-
buque, now therefore
BE IT RESOLVED BY T4IE
CM COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the documents
Pertaining to a proposed Fixed.
Price Competition offering of a
certain parcel of real estate set
forth in such documents, a copy
of which documents are made a
part hereof and filled of record
in the Office of the City Cleric
and as they may be revised as
necessary to comply with the re-
quirements of the Department of
Housing and Urban, Development
are herby approved.
Section 2. That the Fixed -price
Competition method of offering cer-
tain land for sale for redevelop
ment by private developers. N the
appropriate method of malting the
Land available for redevelopment.
Section 3. That the price for
the disposal of said pared included
in the proposed offering has been
determined to be not less than
the fair price for the Land for
uses in accordance with the Urban
Renewal Plan and said prices are
hereby approved.
Section 4. That the City Mara.
ger and the Director of Housing
and Redevelopment be and are
hereby authorized and directed to
Proceed with the Proposed disposal
of the parcel set forth in- the at-
tached documents in accordance
with the Proposed disposal proce-
dure and all other applicable re-
quirements.
Section S. Mat the city Clerk
be and he is hereby authorized
and directed to Publish "Invitation
for Proposals" for the sale of cer-
tain parcels of real estate, in the
form of Exhibit "A" attached here,
to and made a part hereof.
Passed, approved and adopted
this 20fh dap of August, 1976.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Tlhoms
C. Robert Justmerin
Wayne A. Moldenbauer
Councilmen
Attest:
Leo F. Frommelt
City Clerk
INVITATION FOR PROPOSALS
The C®by of Dubuque, Iowa, in,
vices proposals for the purchase
and redevelopment of property in
the Downtown Urban Renewal Pro-
ject, lorvna Rd6. The Parcel of land
applcable for scale is located on
the Southwest corner of Ninth and
Ioiwa Streets. The parcel is identi.
tied as foRows:
Pared No., 7.4, Approximate
Square Feet, 5,463.29, Use, Central
Business District.
Full information . instructions
ne
and bid documents eded to pre -
Pare Proposals may be obtained
by depositing $10.OD with the De-
partment of Urban Renewal, Suite
10-8, Fischer Building, Dubuque,
Iowa, for each set of Documents.
Each such deposit shall be refund
ed if the Documents are returned
in good condition within 30 days
after bid opening.
All Proposals must be received
at the office of the City Clerk,
City Hall, 16th Street and Central
Avenue, Dubuque, Iowa, no later
than 10:00 A.M. CDST on Septem.
her 20, 1073, at which time all
]rids will be publicly opened and
read in Council (chambers.
Each Proposal must be accom.
panied by a good faith depoalt
in the form of a certified check
or bank draft payable to the City
of Dubuque, or a sadifactory bid
bond, in an amount equal to 10%
of the amount of the offer.
Additional information concern-
ing the City of Dubuque's.. Land
Marketing Program for the Urban
Renewal Project may be obtained
from Gent M. Wittenberg, Diree.
tar of Housing and Redesvelopm .
Leo F. Frommett
Katy Clerk
Councilman Pregler moved aelbp-
lion of the resolution. Seconded
K-2
Session, August 20, 1973
by Councilman Thoms. Carried by
the following vote:
Yeas -Mayor Bitter, Counclina n
Justmann, Moldenhauer, Pre6er,
Thorns.
Nays—None. -
Councilman Justmann submitted
a proposed res ol u tion eencoo
rage and promote - City r+f Du s `
r
buque . as an oBfirnal, uR'Pe
issippi "Port of Call" for the ew w-
slon and packet boat trade," and
,, To establish now a waste dis-
posal study team to specifically
explore the feasibility of the City
building a plant to process waste
for use in generating eleatncW'
presented and read.
There was inducated a willing-
ness by the OMWA, as a• body,
to Pursue objectives as a port of
.cak . as a Dubuque based activity,
also to contaot the Dock Com-
mission and further that a• rive'
Commission, b appointed, and also
that the green, lines be contacted.
RESOLUTION NO. 281.73
BE IT RESOLVED by the City
Council of the City of Dubuque,
.Iowa, that the followi> having
complied with the provisions Of
law relating to the sale of Ci-
garettes within the City of Du-
buque, Iowa, be granted a permit
to sell Cigarettes and Cigarette
Papers within the City.
'Rivitard J. Bower', 19M CenrtaW
Aare.
- imperial Lanes, Inc., 3606 Siege-
man Road
David L. Barnhart & Pearl Seeley,
24f10 Central Avenue
BE IT FURTHER RE60LV=
that Ike bonds filed with the ap
p li ca ti on , b approved.
. adopted and approved
this 20th 1973.
Joseph J.
Mayor
iWaner A. Pregler
Atari T. Thoms
Wayne A. Moldenhauer
tbuncillmen
RESOLUTION NO. 282.73
WHEREAS applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY OF DU-
BUQUE, IOWA, that the following
applications be granted and a per-
mit b issued upon the compliance
with the terms of the ordinances
of the City.
CLASS "C" BEER PERMIT
Randalls International, 2600 Dodge
Street, Plaza 20
CLASS "B" BEER PERMIT
Emma Margaret Scherer, 1187 Io-
wa Street
Passed, adopted and approved
this 20th day of August, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenbauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommalt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays —None.
RESOLUTION NO. 263.73
WHEREAS, applications 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 be
occupied by such applicants were
inspected and found to comply with
the ordinances of this City and
they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to cause
to be issued to the following named
applicants a Beer permit.
CLASS "C" BEER PERMIT
Randalls International, 2600 Dodge
Street, Plaza 20
CLASS "B" BEER PERMIT
Emma Margaret Scherer, 1187 Io-
wa Street
Attest:
Leo F. Frommelt
city Clerk
Counriim•an Pregler moved adop-
tion of the resolution. Seconded
by Coun iman Thames. Carried by
the following vote:
Yeas—Maoror Bitter, Councilmen
Momen hauer, Preglor, Thorns.
Nays ,n.,11,,1MCI man Justmann.
Special Session, August 20, 1973 465
Passed, adopted and approved
this 20th day of August 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Tboms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the following resolution.
Seconded by Councilman Thoms.
Carried by the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays —None.
RESOLUTION NO. 28473
WHEREAS, application for Id-
quot License have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and licenses issued upon the
compliance with the terms of the
IOWA LIQUOR CONTROL ACT —
CHAPTER 131 —as amended by the
64th General Assembly, 1971.
CLASS "C" (COMMERCIAL)
BEER - LIQUOR LICENSE
David C. Schmitz, 504 Bluff Street
American Veterans, WWU, Korea -
Viet Nam, 36 West 4th Street
Duane C. Koeller, 1701 Asbury
.Street, Sunday Sales
Richard J. Bower, 99M Central
Avenue
Passed, adopted and approved
this 20th day of August 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays —None.
RESOLUTION.. NO. 285.73
WHEREAS, applications for Li-
quor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
State Law and all City ordinances
relevant thereto and they have fil
ed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER- LIQUOR LICENSE
David C. Schmitz, 504 Bluff Street
American Veterans WNH, Korea .
Viet Nam, 36 West 4th Street
Duane C. Koeller, 1701 Asbury
Street, Sunday Sales
Richard J. Bower, 1902 Central
Avenue - -
Passed, adopted and .approved
this 20th day of August 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
RESOLUTION NO. 28673
Confirming the appointment of
members of the Low -Rent Housing
Commission of the City of Du-
buque,lowa
WHEREAS, on the 17th day of
August, 1970, the City Council of
the City of Dubuque, Iowa, adopt-
ed Resolution No. 244-70, electing
to exercise the powers contained
in Chapter 403A of the Iowa Code
of 1966, as amended, by the City
Council of the City of Dubuque,
Iowa, and by said City Council
through a Board of Commissioners
to the extent of the authority grant-
eat Snecial Session, August 20, 1973
ed said Board by said City Coun-
cB; and of
WHEREAS, on the 1st day
February, 1971, the City Co
of the City cJ Dubuque, I o W a,
adopted Resolution No. 36 -71
amending said Resolution No. 244-
70 increasing said Board of Com-
missioners from five to seven
members; and
WHEREAS, the Mayor of the
City of Dubuque, pursuant to said
Resolution No. 214-70 and to Re-
solution No. 38.71 has appointed
members to the Low -Rent Housing
Commission of the City of Du-
buque; now therefore
BE IT RESOLVED BY THE CI-
TY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the action of
the Mayor of the City of Dubu-
que, Iowa, in appointing
David E. Bisenius, To August
17, 1975.
Mary C. Fleming, To August 17,
1975.
Florence M. Hennig, 1b August
17, 1975.
as Commissioners of the Low -Rent
Housing Commission of the City
of Dubuque, Iowa, is hereby ap-
proved and the appointment of said
Cormzmtseoners is hereby confirm-
ed by this City Council for the
period designated in the Certifi-
cate of Appointment of Commis-
sioners now on file in the office
of the City Clerk.
Passed, approved and adopted
this 24th day of August, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Bitter. Carried by the
following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
Attorney Thos. W. McKay, ad-
dressed the Council, as a p pee
sertative of a group Of
living along the North Cascade
road ' 'ho have formed a corpora-
tion and have objecting to the
use of any land in the area as
a land fill site. Attorney McKay
stated that the area is zoned re-
sidential, under the new County
zoning law. In short no land fill
on the David Waller farm.
Renovation of City Hall Was dis-
cussed and Councilman Thoma
moved that Rossiter & Hamm
be directed to come back to
Council with a saleable package,
W contain an inital cost, building
acquisition, and an update on fi-
gures covering projected building
costs, also include bonding fees.
Seconded by Councilman Pregler.
Vote on the motion was as fol-
lows:
Yeas — Councilmen Pregler,
Thoms.
Nays — Mayor Bitter, Council-
men Justmann, Moldenhauer.
MOTION LOST.
Mayor Bitter moved that a work
session on City Hall renovation
be held on Monday evening, Au-
gust 27, 1973, at 7:30 P.M. in the
Council Chamber at the City Hall-
Seconded by Councilman J u s t-
mann. Carried by the following
vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
At 10:19 P.M. Mayor Bitter mov-
ed to go into executive session
to discuss employment of an Assis-
tant City Manager and also to
discuss possible purchase of a city
land fill site. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
At 11:03 P.M. the Council re-
convened in regular session and
Mayor Bitter moved to adjourn.
Seconded by Councilman Molden-
hauer. Carried by the following
vote:
Yeas —Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
Leo F. Frommelt
City Clerk
Special Session, August 20, 1973 487
Approved
Adopted
Councilmen
Attest
City Clerk
468 Special Session, August 31, 1973
CITY COUNCIL
(OFFICIAL)
Special session, August 31, 1973.
Council met at 4:30 P.M. (C.D.
T.)
Present — Mayor Bitter, Coun-
cilmen Justmann, Moldenhauer,
Pregler, Thorns. City Manager Gil-
bert D. Chavenelle.
Mayor Bitter read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of accept-
ing a Warranty Deed from the
Interstate Power Co. covering Lot
4 and all of Lot 3 (except south
four feet of Lot 3) in Brewery
Addn. together with all buildings
thereon along with Bill of Sale
covering 27 buses, fare boxes, tolls
and equipment and tire mileage
contract, and acting upon such
other business as may properly
come before a regular meeting
of the Council.
RESOLUTION NO. 287.73
WHEREAS, Interstate Power
Company, a Delaware corporation,
having its principal place of busi-
ness in the City of Dubuque, Du-
buque County, Iowa, on March 1,
1973 by written comrnnication of-
fered to tarn all of its real and
personal bus transportation pro-
perty, including the bus barn at
24th Street, and all items of any
kind associated with the bus ope-
rations for the sum of One x(1.00)
Dollar except one truck; and
WHEREAS, thereafter the City
of Dubuque, Iowa held an elec-
tion on the proposition to acquire
said bus system which was ap-
proved by the electorate in excess
of sixty (60%) percent of the per-
sons voting at said election; and
WHEREAS, the Interstate Power
Company has delivered to the City
of Dubuque, Iowa a Bill of Sale
transferring and selling and as.
signing to the City of Dubuque,
Iowa twenty -seven (27) General
Motors Corporation buses, forty
(40) fare boxes, and all miscel-
laneous tools and equipment and
all rights and interests in a con-
tract termed "Tire Mileage Con-
tract', and a copy of said Bill
of Sale is hereto attached and by
reference made a part hereof; and
WHEREAS, the Interstate Power
Company has delivered to the City
of Dubuque, Iowa a Warranty Deed
conveying to the City of Dubuque,
Iowa the property commonly de.
scribed as the Bus Barn; and
WHEREAS, the delivery of said
Bill of Sale and the Warranty
Deed should be accepted by the
City of Dubuque, Iowa,
NOW THERE&IORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Bill of Sale
of Interstate Power Company sell-
ing and assigning unto the City
of Dubuque, Iowa said buses and
fare boxes and miscellaneous tools
and equipment and interest in con.
tract as set out in more detail
in Bill of Sale, marked Exhibit
A hereto attached, be and the same
is hereby approved and delivery
thereof is hereby accepted effec-
tive September 1, 1973.
Section 2. That the delivery of
Warranty Deed by Interstate Po-
wer Company to City of Dubuque,
Iowa covering the following de-
scribed real estate ibe and the same
is hereby accepted, effective Sep -
tember 1, 1973 which real estate
is described as follows:
Lot 4 and all of Lot 3, in Brew-
ery Addition to the City of Du-
buque, excepting the south four
feet of said Lot 3, located in Sec-
tion Thirteen (13) in Township 89
North, Range 2 East of the 5th
P.M., together with all buildings
thereon and appurtenances there-
to.
Section 3. That the Mayor be
authorized and empowered to exe-
cute the acceptance by endorsing
a copy of such acceptance on a
copy of the Bill of Sale and trans-
mit same to the Interstate Power
Company.
Section 4. That the City Clerk
be and he is hereby directed and
authorized to transmit and cause
to be filed for record in the of-
fice of the County Recorder in
and for Dubuque Oounty, Iowa said
Warranty Deed and that a certi.
Bed copy of this Resolution be
transmitted forthwith by the said
City (Clerk to the City Assessor,
Ms. James J. Gregory.
Section S. That all things done
and necessary and incidental to
, the acquisition of said bus trans-
Special Session, August 31, 1973 469
Portation system by the City of
Dubuque, Iowa from Interstate Po-
wer Company pursuant to the di-
rections of the City Council by
the City Manager, 'be in all re-
speobs confirmed, ratified and ap-
proved. That the City Clerk be
ordered to file a certified copy
of this Resolution in the office
of the Recorder in and for Du-
buque County, Iowa.
�Passed, approved and adopted
this 31st day of August, 1073.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Tboms
Wayne A. Moldenhauer
C. Robert JuAmann
CouneUmen
Attest:
Leo F. Fromnnek
City Clerk
"EXHIBIT A"
BILL OF SALE
KNOW ALL MEIN BY THESE
PRESENTS, that INTERSTATE
POWER CO'MAPNY, a Delaware
coriporation, having its principal
place of business in the City of
Dubuque, Dubuque County, Iowa,
party of the first part, in con -
sideration of the sum of One ($1.00)
Dollar to it in hand paid by the
City of Dubuque, Dubuque County,
Iowa, party of the second part,
receipt whereof is hereby acknow-
ledged, hereby grants, bargains,
sells, assigns, conveys and delivers
as of midnight August 31, 1978,
unto the party of the second part,
its successors and assigns forever,
in an "as is" condition, the fol-
lowing described goods, chattels,
and contract rights, namely:
1. Twenty-seven (27) General Mo-
tors Corporation (iGMC) buses
Engine Number Factory Number
TDH 3714 -151 TDH 3714 -151
178904 TDH 4519 -426
TDH 3714.152 TDH 3714 -152
178905 TDH 4519 -427
TDH 3714 -153 TDH 3714 -153
178906 TDH 4519 -428
TDH 3714 -761 TDH 3714 -761
178907 TDH 4519 -429
TDH 3714 -762 TDH 3714 -762
180575 TDH 4519 -709
TDH 3714 -781 TDH 3714 -781
180576 TDH 4519 -710
TDH 3714 -782 TDH 3714 -782
180577 TDH 4519 -711
TDH 3714 -783 TDH 3714 -783
180578 TDH 4519 -712
TDH 3714 -784 TDH 3714 -784
186057 TDH 45191340
TDH 3714 -785 TDH 3714 -785
186058 TDH 4519 -1341
TDH 3714-786 TDH 3714 -786
189049 TDH 4519 -1662
TDH 3714 -787 TDH 3714 -787
189050 TDH 4519 -1663
TDH 3714.788 TDH 3714 -788
193326 TDH 4521 -238
193327 TDH 4521 -239
2. Forty Q40) fare loxes;
3. Ali miscellaneous tool and
associated equipment used and use.
full in the Operation • of a bus busi-
ness in ,place at the bus garage
and Office commonly known as 2401
Central Avenue, Dubuque, Iowa,
as Of August 31, 1978; and
4. All right, title and interest,
if any exists, in that certain agree-
ment between party of the first
part and The Goodyear Tire &
Rubber Company, termed the Tire
Mileage Contract, which a g •r a e-
ment expired by its .terms on June
30, 1973.
To have and to hold the same
unto the party of the second part,
its successors land .assigns, to their
own use forever.
IT IS EXPRESSLY U N D E R-
STIOOD AND AGREED THAT THE
PARTY OF THE ;FIRST PART
BY THIS INSTRUMENT GIVES
NO WARRANTY WHATSOEVER,
EXPRESS OR IMPLIED, AS TO
MERCHANTABILITY OR F I T-
NESS OR SUITABILITY FOR A
PARTICULAR PURPOSE; except
that party of the first part ,war-
rants that is is the lawful owner
of said goods, chattels and con-
tract rights and has the right to
convey the same as aforesaid.
IN WIIINESS WHEIlWOF, the
party of the first part has caused
these presents to be signed and
its corporate seal to be 'hereunto
afflved this 14th dray of August,
1078.
INTERSTATE POWER
COMPANY
By R. W. Steele, Presi-
dent
E. M. Nicholson, Secre-
tary
ACCEPTED
CITY OF DUBUQUE, IOWA
BY Joseph J. Bitter, Mayor
!fittest:
Leo F. Frommelt
'City ,Clerk
"r
a,.
470 Special Session, August 31, 1 97 3
Councilman Moldenhauer moved
adoption of the resolution. Second-
ed by Mayor Bitter. Carried by
the following vote:
Yeas — Mayon Bitter, Councilmen
Justmtiann, Moldenhauer, Pregler,
Thoms.
Nays—None.
August 31, 4973
To the Honorable Mayor and
Members of the (City Council
Attached hereto is a list of for -
mer Interstate Power Company
employees that are beam trans -
ferred and appointed employees of
the Dubuque Transit System, sub-
ject to the rights and benefits of
Chapter 369, 978 9710 and 365,
of the 1970 Code of Iowa.
We hereby ¢coldly this list.
Gerard B. Noonan
Chairman
Marvin A. Vari idle
Lents F. Fautach
Civil Service Comanis-
sion
Attest:
Leo F. Fromandt
Clerk
Subscribed and sworn to before
me this 31st day of August 1970.
Charles J. Jenaman
Notary 'Pubidc
August 30, 1973
The following list represents for -
, mer Interstate Power Company
employees who are being trans-
(erred to the City of Dubuque,
Iowa effective September g, 4976
per the provisions of Chapter SM
,MUNIMPu11L TRlAN61T SYS PEMS,
Section 386B.46.
Employee
Employee Original Him
Name Cle sification Date-I.P.C.
Avenarious, R. R., Transportation
Clerk, 0308-71
Doonan, C. T., Night Foreman, 09-
2445
Fonek, K. F., Apprentice Lead Me-
chanic, 02 -17-69
Heitkamp, R. H, lead - Service-
man, 07 -25-72
Meyer, C. F., Serviceman, 05-09 -66
Randall, B. E., Transportation
Clerk, 10 -13-60
Tracy, D. E., Relief Serviceman.
12 -01 -70
Vandermeulen, J. C., Apprentice
Mechanic, 04 -25-72
Bemis, M. F., Bus Operator, 03.028:
Dean, G. W., Bus Operator, 03.17-45
Dolan, D. D, Bus Operator, 01 -01 -6'
Felderman, G. J., Bus Operator, 07-
0462
Frank, R. R., Bus Operator, 05-2846
Glaser, J. A., Bus Operator, 01-2&63
Hahn, A. J., Bus Operator, 11 -2240
Hartz, J. P., Bus Operator, 1130.71
Heinen, P. E., Bus Operator, 08-11-
55
Haft, R. L., Bus Operator, 31147.64
Hinkel, E. D., Bus Operator, 11 -2464
Kaufmann, W. H., Bus Operator,
0323 -70
Koenig, M. P., Bus Operator, 07 -22-
57
Langman, H. J., Bus Operator, 10-
21-45
Link, F. A., Bus Operator, 07 -05-67
Long, C. J., Bus Operator, 09-0464
Luchsinger, R. H., Bus Operator,
02 -15-64
Mentz, W. L., Bus Operator, 10-W
55
Stuart, M. R., Bus Operator, 01 -22-
62
Vandenberg, H. F., Bus Operator,
031480
Wagner, H. J., Bus Operator, 07-
15-65
Wenzel, S. L., Bus Operator, 03 -17-
51
Whelan, H. J., Bus Operator, 08-
1448
councilman Moldenhaner moved
that the communication be re-
ceived and Tied and made a mat-
ter of record. Seconded by Mayor
Biter. Carried by the following
vote:
Yeas.—Mayor Bitter, Oouncilmen
Justmann, Moldenhaner, Pregler,
Thoms.
Nays —None.
Communication of Mcumenieal
Housing Inc. requesting an exten-
sion of option to purvbase Urban
Renewal Property at 916 do Locust
Street for a period Long enough
to learn whether they will have
a fundable project under one of
the now H.U.D. programs, pre-
sented and read. Mayor Bitter
moved that the communication be
received and filed. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas -- .Mayor Bitter, Councilmen
Justmann, Moldenhauer, Preeer,
Theme.
Nays — ,None.
RESOLUTION NO. 286.73
AuNnorizing an extension of time
for the consummation of the sale
of land for private development
with Ecumenical Housing, Inc.
Special Session, August 31, 1973 471
WHDR®A6, under date of Feb.
ruary 6, 1076, the City Canna
adopted after a duly conducted
Public hearing, Resolution No. 34
73 which authorized the execution
of a Contract for Bale of Land
for Private Redevelopment with
Ecumenical Housing, Inc. for cer-
tain real estate located in the
Downtown Urban Renewal Project,
Iowa R45; and
WHEREAS, certain Federally
subsidized housang programs are
in a moratorium status and the
Des Moines Office of the Federal
Housing Administration has not
been authorized to issue a Furor
Commitment to .Ecumenical Hous-
ing, Inc. to finance the improve-
ments to be constructed on the
subpect real estate; and
VRIEMEAS, the original closing
date in the said Contract was ex-
tended by the City Council of the
City of ,Dubuque from on or be-
fore May 1, 1973 to on or before
September 1, 1973; and
WHDREAS, it is deemed to be
in the best interests of the Urban
Renewal Project and of the City
of Dubuque to extend the time
in which to execute the contract
and to consummate the sale of
the land to Ecumenical Housing,
Inc.; now therefore
BE IT R 90LVIED BY ME
CITY COU7NCH, OF T1fl1E CITY
OF DUBUQUE, IOWA:
Section 1. That the time in which
to execute the Contract for the
Bale of Land for Private Rede-
velopment with Ecumenical Hous-
ing, Inc. for , the real estate known
as Lot A and Lot 2 of Block 16
in Dubuque Downtown Plaza in
the City of Dubuque, Iowa, be
and is hereby extended to Sep-
tember 34, 1976.
Section 2. That all other terms,
conditions and provisions of the
said Contract for sale of Land
for Private Redevelopment shall
remain in full forte and effect.
Passed, approved and adopted
this 31st day of Ault, M.
Joseph J. Bitter
Mayor
Waiter A. Pregler
Allan T. Thoms
Co unclmen.
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved for ex-
tension of time to September 2Y1h
and moved adoption of the resolu-
tion. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas - ,Mayor Bitter, Councilmen
Progler, .Thorns.
Nays — Councilmen Justmann,
Moldenhauer.
Councilman .Pregler moved that
all Boards and Commissions, as
nearly as possible conduct their
meetings at the City HaR, said
motion was .aimended to table until
the September 4th meeting of the
Council.. Seconded by Councilman
Moldenhauer. Carried by the fol-
lowing vote:
Yeas — Mayor Bitter, ,Coundbuen
Justmann, Moldenhauer, Pregier,
Theme.
Nays —None.
'there being no further business
Mayor slitter moved to adpourn.
Seconded by Councilman Pregler.
Carried by the Mowing vote:
Yeas— JMayor Bitter, Councilman
Justmann, Moldenhauer, Pregler,
Thoms.
Nays —None.
Leo F. Fromrneit
City Clerk
Approved
Adapted........... _.._ .. ...........................7974
.......................... ...............................
Councilmen
Attest:................ ......._......................_
City Clark