Y Roll_36 Part 05Regular Session, August 7, 1972 367
that the petition be referred to
the Council for consideration at
the Freeway Corridor meeting. Se-
conded by Councilman Ritter. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
July 25, 1972
To the Honorable Mayor and
Members of the City Council
I herewith submit the report of
the Water Department for the
month of June, 1972.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the communication be received and
filed. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
July 25, 1972
To the Honorable Mayor and
Members of the City Council
I request permission to attend
the International City Management
Conference, September 17-21, in
Minneapolis.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved ap-
proval of the request. Seonded by
Councilman Thoms. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Proof of Publication, certified to
by the Publisher, of Statement of
Receipts and Disbursements also
list of claims for June 1972, pre-
sented and read. Councilman Preg-
ler moved that the proof of pub-
lication be received and filed. Se-
conded by Councilman Thoms. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None,
August 7, 1972
To the Honorable Mayor and
Members of the City Council.
Attached is a list of judges and
clerks selected to serve in the
various precincts in the City for
the coming election scheduled for
August 22, 1972, entitled "L a, w
Enforcement Center Bond Propo-
position".
This list has been submitted by
the County Auditor and County
Commissioner of Elections.
The list is submitted for your
approval.
Leo F. Frommelt
City Clerk
Councilman Pregler moved ap.
proval of the list. Seconded by
Mayor Moldenhauer. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, P reg 1 e r ,
Thoms.
Nays — None.
Abstained — Councilman Just -
mann.
July 31, 1972
To the Honorable Mayor and
Members of the City Council
The City Planning and Zoning
Commission has held a public hear-
ing on a proposal to reclassify
property described as Block 19 of
Key Knolls Subdivision in the City
of Dubuque, Iowa from Multiple
Residence District to Business Dis-
trict classification. This property
is located on the west. side of
John F. Kennedy Road between
Hillcrest Road and Foothill Drive.
The Commission has determined
that the re-classification of this
property is in accordance with its
plan for the area. It is the recom-
mendation of the City Planning
and Zoning Commission that the
petition be approved.
City Planning and Zoning
Commission
Daniel Dittemore
Development Planner
Councilman Pregler moved that
the communication be referred for
proper proceedings. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
July 31, 1972
To the honorable Mayor and
Members of the City Council
The City Planning and Zoning
Commission has held a public hear-
ing on a proposal to reclassify
property located at 2215 and 2219
Jackson Street and 2216 and 2218
White Street in the City of Dubuque
Iowa, from Multiple Residence
classification to Business District
368 Regular Session, August 7, 1972
classification. This property is de-
scribed as follows:
The Easterly one-half of the
Southerly one-half of Lot 32
and the Easterly one-half of
the Northerly 2 feet. of Lot
33 in L. H. Langworthy's Ad-
dition; and
The Easterly 8o feet of the
Northerly half of Lot 32 in
L. H. Langworthy's Addition;
and
The Westerly one-half of the
Southerly one-half of Lot. 32
and the Westerly one-half of
the Northerly 2 feet of Lot
33 in L. H. Langworthy's Ad-
dition; and
The Westerly 80 feet of the
Northerly half of Lot 32 in
L. H. Langworthy's Addition;
and
The Southerly 30 feet of Lot
33 of L. H. Langworthy's Ad-
dition, all in the City of Du-
buque, Iowa.
The Commission has determined
that the proposed re-classification
is in accordance witl the plan
for this area, and recommends that
the petition be approved.
City Planning and Zoning
Commission
Daniel Dittemore
Development Planner
Councilman Pregler moved that
the recommendation be referred
for proper proceedings. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Communication of Delos Dor-
weiler proposing that the City At-
torney work with Lim to take le-
gal action against Our Redeemer
Lutheran Church at 2145 Kennedy
Road requesting that they install
a storm sewer to keep from wash-
ing out his property, presented and
read. Councilman Pregler moved
that the communica;.ion be referred
to the City Manager and City Attor-
ney for a report back to the Coun-
cil. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Communication of D u b u q u e
Building and Construction Trades
Council extending an invitation to
meet with them either on August
lith or 215th, presented and read.
Councilman Thoms moved that the
communication be referred to the
Mayor. Seconded by Mayor Mold-
enhauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Notice of claim of Mrs. Harold
Leitner Jr. in the amoung of $89.11,
for car damage incurred as result
of dropping into a hole in the
pavement on Hamilton Street on
July 23, 1972, presented and read.
Mayor Moldenhauer moved that
the claim be referred to the Cit%
Solicitor for investigation and re-
port. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas -- Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Notice of claim of Mrs. Janet
K. Metelak, in an undermined a
mount, for personal injuries re-
ceived in a fall on a defective
sidewalk on the east side of Glen-
view Circle on June 3, 1972, pre-
sented and read. Mayor Molden-
hauer moved that the claim be
referred to the City Solicitor for
investigation and report. Second-
ded by Councilman Thoms. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notice of claim of Thomas J.
Krause of 1925 Winnie Court, in
the approximate amount of $705.
for property damage as the result
of a backed -up sanitary sewer on
August 2, 1972, presented and read.
Mayor Moldenhauer moved that
the notice of claim be referred
to the City Solicitor for investi-
gation and report. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notice of Claim of Dennis D.
Palm, of 1940 Winnie Court, in
the approximate amount of $1639.,
Regular Session, August 7, 1972 369
for property damage as the result
of a backed -up sanitary sewer on
August 2, 1972, presented and read.
Mayor Moldenhauer moved that
the notice of claim be referred
to the City Solicitor for investi-
gation and report. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notice of Claim of Daniel L.
Schmit of 1935 Winnie Court, in
the approximate amoung of $598.
for property damage as the result
of a backed -up sanitary sewer on
August 2, 1972, presented and read.
Mayor Moldenhauer moved that
the notice of claim be referred
to the City Solicitor for investi-
gation and report. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notice of Claim of Fred N. Smith
of 1960 Winnie Court, in the appro-
ximate amount of $1735. for pro-
perty damage as the result of a
backed -up sanitary sewer on Au-
gust 2, 1972, presented and read.
Mayor Moldenhauer moved that
the notice of claim be referred
to the City Solicitor for investi-
gation and report. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notice of claim of Bernard J.
Mihm, in an undetermined amount,
for personal injuries received in
a fall on a defective sidewalk at
1906 Ellis Street on July 16, 1972,
presented and read.
Mayor Moldenhauer moved that
the notice of claim be referred
to the City Solicitor for investiga-
tion and report. Seconded by Coun-
cilman Thoms. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notice of Claim of John T. Ku-
besheski of 229 N. Booth Street,
in the amount of $350. for pro-
perty damage as the result of a
backed -up sewer on August 1, 1972
presented and read. Mayor Mol-
denhauer moved that the notice
of claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Notice of Claim of Fred R. Bandy
in the amount of $3,025, for loss
of automobile as the result of strik-
ing a loose manhole cover in the
street at 1788 Key Way on August
2, 1972, presented and read. Mayor
Moldenhauer moved that the notice
of claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoma.
Nays — None.
Notice of Claim of Leo C. Barg -
man, in an undetermined amount,
for personal injuries received as
the result of striking a hole in
the street at Charter & Salina
streets on August 3, 1972, present.
ed and read. Mayor Moldenhauer
moved that the notice of claim
be referred to the City Solicitor
for investigation and report. Se-
conded by Councilman Thoms. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notice of claim of Clara A. Me-
yer, of iti.90 Adair Street, in an
undetermined amount, for property
damage incurred as the result oaf
a backed -up sanitary sewer on Au-
gust 2, 1972, presented and read.
Mayor Moldenhauer moved that
the notice of claim be referred
to the City Solicitor for investi-
gation and report. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notice of Claim of Ray Grimm
of 1780 Adair Street, in an un-
determined amount, for property
370 Regular Session, August 7, 1972
damage incurred as the result of
a backed -up sanitary sewer on Au-
gust 1, 1972, presented and read.
Mayor Moldenhauer moved that
the notice of claim be referred
to the City Solicitor for investi-
gation and report. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Notice of Claim of Louis J.
White of 1790 Adair Street, in an
undetermined amount, for property
damage incurred as the result of
a backed -up sanitary sewer on Au-
gust 1, 1972, presented and read.
Mayor Moldenhauer moved that
the notice of claim be referred
to the City Solicitor for investi-
gation and report. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None,
Proof of Publication, certified
by the Publisher, of Notice of pub-
lic hearing to amend Zoning Or.
dinance No. 3.34 known as the
Zoning Map and Zoning Ordinance
so as to repeal Section S of Arti-
cle IX and the following be enacted
in lieu thereof "Article IX -General
Provisions (S) fences on rear yard
lot lines shall not exceed 8' in
height and fences on front and
side yard lot lines shall not exceed
5' in height, barbed wire fences
shall not be permitted except at
industrial plants where the lowest
strand is not less than seven feet
above the curb level or ground
level in case of absence of curb,
presented and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the
time of the public hearing.
Councilman Pregler moved that
the proof of publication be receive'
and filed. Seconded by Mayor Mol-
denhauer, Carried by the following
vote:
Yeas — Mayor Moldenhauer.
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
ORDINANCE NO. 41.72
An Ordinance amending Ordinance
No. 3.34, known as the Zoning
Ordinance and Zoning Map of the
City of Dubuque, Iowa; by re-
pealing Section (S) of Article IX,
thereof, and enacting a substitute
therefore
said Ordinance having been pre.
viously presented and read at the
Council meeting of July 3, 1972
presented for final adoption.
Councilman Bitter moved for fi-
nal adoption of the Ordinance. Mo-
tion died for lack of a seco!
NO ADOPTION OF THE ORDIN-
ANCE.
Proof of Publication, certified to
by the Publisher, of notice of public
hearing by changing from Single
Family Residence District Clas'
fication to Multiple Residence Dis-
trict Classification and also in-
cluding the same described pro-
perty in subsection (m) of Sectio
2 of Article IV to permit develop-
ment of a Mobile Home Park in
compliance with all applicable poii-
cies and regulations of the City
on Lot 2 of the Sub. of Lot 1
of 1 of M. L. 140; m. L. 130;
Lot 2 of 2 of 1 of 4 of M. L.
122, presented and read.
Councilman Pregler moved that
the proof of publication be received
and filed. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Mr. Dick Wertzberger of 340
Wartburg Place voiced objection
to the proposed Wartburg Mobile
Home Park as possibly reducing
property values in the immediate
neighborhood.
Dr. William H. Weiblen, Presi-
dent of Wartburg, spoke of the
vital need of the mobile park for
the benefit of students attending
Wartburg Seminary. Mr. Wertzber-
ger withdrew his objections in the
spirit of good neighborly coopera-
tion, after hearing Dr. Weiblen's
plea for student housing.
ORDINANCE NO. 42-72
An ordinance amending and chang-
ing Ordinance No. 3-34 known as
the "Zoning Map and Zoning Or-
dinance of the City of Dubuque,
Iowa" so as to change certain
property hereinafter described
Regular Session. August 7, 1972 371
from "Single Family Residence
District' classification to "Multiple
Residence" classification, and to
includ^ said property in subsec-
tion (m) of Section 2 of Article
IV of Ordinance No. 3-34, to per.
mit development of a mobile home
park, (Wartburg Seminary)
said Ordinance having been pre-
viously presented and read at the
Council meeting of July 10. 1972,
presented for final adoption.
G O
TO CHANGE CERTAIN YKUttKIT
HEREINAFTER DESCRIBED FROM
"SINGLE FAM LY
RESIDENCE DIS-
TRICT" CLASSIFICATION TO "MUL-
TPLE RESIDENCE" CLASSIFICA.
TION, AND TO INCLUDE SAID
PROPERTY IN SUBSECTION (m)
OF SECTION 2 OF ARTICLE IV OF
ORDINANCE NO. 3.31, TO PERMIT
DEVELOPMENT OF A MOBILE
HOME PARK.
NOW, THEREFORE, BE IT OR.
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 3-31
known as the "Zoning Map and Zon-
ing Ordinance of the City of Dubuque,
,Iowa" be and the same is hereby
amended by changing from "Siriyyle
Family Residence District• classlfl-
cation to "Multiple Residence Dis-
trict" classification the followlna de-
scribed real estate, to wit:
Lot 2 of the Sub of Lot 1 of Lot 1
of Mineral Lot No. 110 In the City
of Dubuque. Iowa; Mineral Lot
No. 130 In the City of Dubuque.
Iowa; Lot 2 of Lot 2 of Lot 1
of Lot 1 of Mineral Lot No. 122 In
the City of Dubuque, Iowa.
Section 2. That Ordinance No 3.31
known as the "Zoning Map and Zon-
Ing Ordinance of the City of Du-
buque. Iowa" be and the same is
hereby amended by Including that
Property above described in subsec-
tion (m) of Section 2 of Article IV,
to permit development of a mobile
home FFark in compliance with all
applicable policies and requlations of
the City of Dubuque. Iowa.
Section 3. That the forego I no
Amendment has heretofore been ap-
proved by the Planning and Zoning
Commission of the City of Dubuque,
Iowa.
Passed by recorded roll call vote.
adopted and approved this 7th day
of August, 1912.
Wayne A. Moldenhauer
Mayor
Allan T. Thorns
Walter A. Pregler
Joseph J. Bitter
Councilmen
ATTEST: Leo F Frommelt
Published oiffic allykIn The Telegraph.
Heraldnewspaper this 11th day of
August, 1972
II. 8/11 Leo F. Frommelt
City Clerk
Councilman Pregler moved final
adoption of the Ordinance. Second-
ed by Councilman Thorns. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Pregler,
Thoms.
Nays — Councilman Justmann.
RESOLUTION NO. 240-72
Resolution approving the plan of
"Wartburg Seminary Mobile Home
Park" in the City of Dubuque,
Iowa
WHEREAS, there has been filed
with the City Clerk a plan of
"Wartburg Seminary Mobile Home
Park" in the City of Dubuque,
lowa by WARTBURG THEOLOGI.
CAL SEMINARY, DUBUOUE, IO-
WA: and,
WHEREAS, the preliminary plan
for this facility has been reviewed
by the City Planning and Zoning
Commission and has been approv-
ed by them, subject to conditions
herein acknowledged and accepted
by the owners: and,
WHEREAS, said plan has been
examined by the City Administra-
tion and has been found to con-
form to statutes and ordinances
relating thereto;
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the plan of "Wart-
burg Seminary Mobile Home
Park" in the City of Dubuque,
Iowa be and the same is hereby
approved and the Mayor and City
Council are hereby authorized and
directed to endorse the approval
of the City of Dubuque, Iowa, upon
said plan, provided the owners
of said property herein named,
execute their written acceptance
hereto attached agreeing:
a. To comply with all require-
ments of the City of Dubuque,
Iowa and the City of Dubuque
Mobile Home Park Development
Policy.
b. To establish permanent. ve-
getative screening along the Fre-
mont Avenue boundary of the mo-
bile home park and to provide
and maintain tree planting and
lanscaping within the interior por-
tions of the park.
c. To restrict occupancy of the
park to students and staff of the
Wartburg Seminary.
d. To construct all improvements
required by the terms of the City
of Dubuque Mobile Home Park
Development Policy, according to
plans and specifications approved
by the City Engineer.
e. To maintain the foregoing im-
provements at the sole expense
of the Owner, the Wartburg Theo-
logical Seminary.
Regular Session, August 7, 1972
Passed, adopted and approved
this 7th day of August, 1972.
Wayne A. Moldenhauer
Mayor
Joseph J. Bitter
Walter A. Pregler
Allan T. Thorns
Councilmen
Attest:
Leo F. Frommelt
City Clerk
We, the undersigned William H.
Weiblen, President, Wartburg The-
ological Seminary, having read the
terms and conditions of the fore-
going Resolution No. 240-72 and
being familiar with the conditions
thereof, hereby accept the same
and agree to perform the condi-
tions required therein.
Dated at Dubuque, Iowa, this
the lith day of August, 1972.
William H. Weiblen
President
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thorns. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bi t t e r, Pregler,
Thoms.
Nays — Councilman Justmann.
July 31, 1972
Honorable Mayor
and Council Members
The City Planning and Zoning
Commission has held a public hear-
ing on a proposed amendment to
the Zoning Ordinance of the City
of Dubuque, Iowa, to establish a
subsection (n) of Section 2 of Ar-
ticle IV, to permit medical offices
and specified accessory uses in
certain described portions of the
Multiple Residence District. The
provisions of this amendment
would include but not be limited
to property of Mercy Medical Cen-
ter as described in the attached
Ordinance.
The Commission has determined
the proposed amendment to be in
accordance with its policies for
future development of hospital
areas, and therefore recommends
it adoption.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Pregler moved that
the recommendation be received
and filed. Seconded by Council-
man Thorns. Carried by the follow.
ing vote:
Yeas — Mayor Moldenhauer.
Councilmen Bitter, Justmann.
Pregler, Thorns.
Nays — None.
ORDINANCE NO. 49.72
An ordinance amending and chang-
ing Ordinance No. 3-34 known as
the "Zoning Map and Zoning Or-
dinance of the City of Dubuque,
Iowa", by adding a new subsec-
tion (n) to section 2 of Article
IV thereof, to permit medical of-
fices and accessory uses within
certain described areas of the mul.
tiple residence district, to wit:
Presented and read
Councilman Thorns mood that
th reading just had he considered
the first reading of the Ordinance.
Seconded by Councilman Pregler.
Vote on the motion was as follows:
Yeas — Coucnilmen Pregler,
Thorns.
Nays — Mayor Moldenhauer,
Councilmen Bitter, Justmann. MO-
TION FAILED.
Councilman Thorns moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council-
man Pregler. Vote on the motion
was as follows:
Yeas — Councilmen Pregler.
Thorns.
Nays — Mayor Moldenhauer.
Councilmen Bitter, Justmann. MO-
TION FAILED.
Councilman Thorns moved that
a hearing be held on the Ordi-
nance on September 5, 1972, at
7:30 P.M. in the Council Chamber
at the City Hall and that the City
Clerk be instructed to publish no-
tice of the hearing in the manner
required by law. Seconded by
Councilman Pregler. Vote on the
motion was as follows:
Yeas — Councilmen Pregler,
Thorns.
Nays — Mayor Moldenhauer,
Councilmen Bitter, Justmann. MO-
TION FAILED.
Petition of Melvin & Leonette
Kreiman, requesting a refund in
the amoung of $75. on the unex-
pired portion of cigarette license
No. 52, as they have discontinued
business on July 29. 1972, presented
and read. Mayor Moldenhauer
moved that the refund be granted
and the Auditor instructed to issue
proper warrant. Seconded by Coun-
Regular Session, August 7, 1972 373
Gilman Bitter. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i 1 t e r, Justmann,
Pregler, Thorns.
Nays — None.
Petition of Florance Deutsch, re-
questing a refund in the amount
of $725., on the unexpired por-
tion of beer license No. 1138, as
he has discontinued business on
June 30, 1972, presented and read.
Mayor Moldenhauer moved that
the refund be granted and the
Auditor instructed to issue proper
warrant. Seconded by Councilman
Bitter. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t. a r, Justmann,
Pregler, Thorns.
Nays — None.
Petition of D. A. V. Fighting
Back Chapter No. 6, requesting
permission to conduct a Forget
Me Not Flower Drive on August
11th & 12th, or August 25th and
26th, presented and read. Council-
man Bitter moved that the petition
be granted and referred to the
Manager for implementation. Se-
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Petition for suspension of taxes
by Helen M. Bradley, as submit-
ted by the County, on account of
infirmity and old age, on N. 20'
of N. 40' of Lot 808 A. McDaniels
Sub. located at 1349 Dell Street,
presented and read. Councilman
Bitter moved that the petition be
referred to the Manager and City
Solicitor. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Proof of Publication, certified to
by the Publisher, of Notice to con-
tractors of the receipt of prolx)-
sals for the construction of Liebe
Street Sanitary Sewer 8"-1972, pre-
sented and read.
Councilman Pregler moved that
the proof of publication be received
and filed. Sconded by Mayor Mold.
enhauer, Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
August 3, 1972
To the Honorable Mayor
Members of the City Council
Pursuant to your instructions.
sealed proposals were received un-
til 10:00 a.m., C.D.S.T., Thursday,
August 3, 1972 for the Liebe Street
Sanitary Sewer, 8 inch — 1972.
The lowest bid was entered by
NI. F. Goerdt Construction Com-
pany. Their bid was 8.7% under
the Engineer's estimate.
I recommend that the contract
for the improvement be awarded
to the NI. F. Goerdt Construction
Company.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved ap
proval of the recommendation. Se.
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
(Awarding Contract)
RESOLUTION NO. 241-72
WN.EREAS, sealed proposals
have been submitted by contrac-
tors for the Liebe Street Sanitary
Sewer 8 inch, 1972 pu suant to
Resolution No. 216-72 and notice
to bidders published in a news-
paper published in said City on
July 10, 1972 and July 17, 1972;
and
WHEREAS, said sealed propo-
sals were opened and read on Au-
gust 3, 1972, and it has been de-
termined that the bid of M. F.
Goerdt Construction Co. of Dubu.
que, Iowa in the amount of $3,205.30
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 specidi
cations; now therefore,
BE IT RESOIXED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to M. F. Goerdt Constructio,
Co. and the Manager be and he
is hereby directed to execute a
contract on behalf of the. City of
Dubuque for the complete perfor-
mance of said work.
BE IT FURTIPER RESOLVED,
that upon the signing of said con-
Regular Session, August 7, 1972
tract and the approval of the con-
tractors bond the City Treasurer
is authorized and instructed to re-
turn the bid deposits of the unsuc-
cesful bidders.
Passed and adopted this 7th day
of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor, Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Proof of Publication, certified to
by the Publisher, of Legal Notice
of Hearing to consider the authori-
zation of the execution of proposed
agreements between the City and
Franchise Realty Interstate Cor-
poration for the purchase of Par-
cel 2 and the North 43 feet of
Parcel 6 in Block 2 in Urban Re-
newal, 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 Thorns moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 242-72
Authorizing the execution of a con.
tract for sale of land for private
redevelopment with Franchise
Realty Interstate Corporation
WHEREAS, pursuant to Resolu-
tion No. 211-72 dated July 3, 1972
and a Notice of Public Hearing
published in the Te4egraph-Herald,
a newspaper of general circula-
tion in the City of Dubuque, Iowa,
on July 18, 1972 and July 25, 1972,
City Council met on the 7th day
of August, 1972 at 7:30 o'clock
P.M, Central Daylight Time, in
the City Council Chambers, City
Hall, Dubuque, Iowa, to consider
the proposal to dispose of the in-
terest of the City of Dubuque to
Lot 2 of Block 4 and the North
43 feet of Lot 1 ( Lot 2 of Lot
I of Block 5) of Block 5 in Du.
buque Downtown Plaza, also known
as Parcel 2 and the North 43 feet
of Parcel 6 in Block 2 of the
Downtown Urban Renewal Project,
Iowa R-15 to Franchise Realty In-
terstate Corporation; and
WHEREAS, pursuant to said re-
solution a copy of the Redevelop-
er's Statement for Public Disclo-
sure and a copy of the proposed
form of Contract for Sale of Land
for Private Redevelopment w a s
placed on file in the office of the
City Clerk for public inspection:
and
WHEREAS, the City Council of
Dubuque, Iowa, overruled any and
all objections, oral and written,
to the proposal to dispose of said
interest of the City of Dubuque
in the above described real es-
tate to Franchise Realty Interstate
Corporation; now therefore
BE IT RESOLVED BY THE CI-
TY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor and
City Clerk be and they are hereby
authorized to enter into a Contract
for Sale of Land for Private Re-
development in accordance with
the terms of the Disposition Do-
cuments governing such sale with
Franchise Realty Interstate Corpo-
ration for the real estate known
as Lot 2 of Block 4 and the North
43 feet of Lot 1 ( Lot 2 of Lot
1 of Block 5) of Block 5 in Du-
buque Downtown Plaza in the City
of Dubuque, Iowa, containing
2.9,767.681 square feet, subject to
survey.
Section 2. That said parcel of
real estate shall be sold for $2.50
per square foot for a total price
of $74,419.20 subject to final sur-
vey of the land to be conveyed.
Passed, approved and adopted
this 7th day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Attest:
Leo F. Frommelt
City Clerk
Councilman Thorns moved adop-
Regular Session, August 7, 1972 375
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 243-72
Declaring intent to sell a portion
of the Downtown Urban Renewal
Project, Iowa RAS to Canfield Ho-
tel, Inc.
WHEREAS, under date of Au-
gust 4, 1969, the Council of the
City of Dubuque approved and au-
thorized the receiving of proposals
for the sale and redevelopment
of certain parcels of real estate
in the Downtown Urban Renewal
Project, Iowa R-15; and
WHEREAS, under date of Sep-
tember 15, 1969, in response to
said offering, a proposal for the
purchase and redevelopment of a
Portion of the project land was
received from Canfield Hotel, Inc.;
and
WIiEREAS, under date of March
19, 1970, the Canfield Hotel, Inc.
withdrew their said offer and on
April 13, 1970, was fully refunded
all monies paid towards the pur-
chase price of said project land;
and
WHEREAS, Canfield Hotel, Inc.
has submitted anew a proposal
to purchase a portion of the pro -
j ct land for redevelopment: and
WHEREAS, pursuant to Chapter
403 of the 19l'•6 Code of Iowa as
amended and certain regulations
of the Department of blousing and
Urban Development, certain docu.
ments must be made available for
Public inspection and a public hear-
ing conducted prior to the sale
of project land; now therefore
BE IT RESOLVED BY THE Cl.
TY COUNCIL. OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Du-
buque hereby declares its intent
after a public hearing, to dispose
of the Southerly 65 feet of I.ot
I of Block 6, I.ot 4 of Block 6,
and Lot 1 of Block 7 in Dubuque
Downtown Plaza, also known as
Parcel 3 and the Southerly 65 feet
of Parcel 1 in the Downtown Ur-
ban Renewal Project, to Canfield
Hotel, Inc. in accordance with the
terms of the Disposition Documents
governing such sale on file in the
office of the Department of Urban
Renewal.
Section 2. That the City Clerk
be and is hereby authorized and
directed to publish notice of pub-
lic hearing to he held on Sep-
tember 11, 1972 and to make cer-
tain documents available for pub-
lic inspection. Such notice shall
he substantially in the form of
Exhibit "A" attached hereto and
made a part hereof, and such no-
tice may cover one or more pro-
posals.
Passed, approved and adopted
this 7th day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
EXHIBIT "A"
LEGAL NOTICE OF HEARING
Pursuant to Chapter 403 of the
1966 Code of. Iowa, as amended,
the City Council of the City of
Dubuque will hold a public hearing
for the .purpose of considering the
authorization of the execution of
proposed agreements by and be-
tween the City of Dubuque and
the developers hereinafter listed
for the purchase and redevelop-
ment of certain parcels of real
estate located in the Downtown
Urban Renewal Project, Iowa R-
15 which project includes the area
bounded by Fourth Street on the
south, Central Avenue on the east,
Ninth Street on the north, and
I,ocust Street on the west.
Name of Developer, Canfield Ho-
tel, Inc., Address, 36 West 4th
Street, Dubuque, Iowa.
Said hearing will be held in
Council Chambers, City Hall, 13th
and Iowa Streets, Dubuque, Iowa,
at 7:30 P.M. on the 11th day of
September, 1972, and any person
or organization desiring to be
heard will be given an opportunity
to be heard on the question of
the proposed dispositions.
A "Redeveloper's Statement for
Public Disclosure" in the form pre-
scribed by the Department of Hous-
ing and Urban Development and
the proposed "Disposition Agree-
ment" for each of said developers
376 Regular Session, August 7, 1972
are on file and available for in.
spection at the office of the City
Clerk, City Hall, Dubuque, Iowa
between 8:00 A.M. and 5:00 P.M.
except Saturdays, Sundays, and
holidays. Said documents shall also
be available at the time of the
public hearing.
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 244-72
Authorizing the submission of an
application to nominate the Or-
pheum Theatre and site for re-
gistration with the National Re-
gister of Historic Places
WHEREAS, the City Council of
the City of Dubuque has endorsed
the proposed Five Flags Civic Cen-
ter; and
WHEREAS, the said proposed
development includes restoration of
the Orpheum Theatre; and
WHEREAS, the Five Flags Cen-
ter Fund, a non-profit organiza-
tion, is soliciting and otherwise
raising appropriate monies and re-
sources to restore the theater, to
construct a community center and
to provide other site improve-
ments; now therefore
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Mayor of
the City of Dubuque is hereby
authorized and directed to submit
an Application to Nominate the
Orpheum Theatre and Site for the
National Register of Historic Pla-
ces, to the National Park Services
of the United States Department
of the Interior through the State
Liaison Officer for the National
Trust for lbstoric Preservation.
Passed, approved and adopted
this 7th day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Moldenhauer moved adop.
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
COUNCIL RECESSED AT 11:05
P.M. RECONVENED AT 11:10 P.
M.
Communication and resolution
submitted by the City Manager,
carried forward from meeting of
July 3, 1972, requesting considera-
tion of authority to execute an
agreement for an extra work or-
der with the Iowa State Highway
Commission for Dodge Street cor-
ridor study, presented and read.
Councilman Thorns moved that the
matter be referred to the next
official meeting. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
August 2, 1972
To the Honorable Mayor
and City Council
This is to advise you that the
City of Dubuque Southern Avenue
Water Main Extension, a distance
of 2,230 feet, has been completed
substantially in accordance with
plans and specifications by Eco-
nomy Excavating Company of Lan-
sing, Iowa.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the communication be received and
filed. Seconded by Councilman Bit-
ter. Carried by the following vote:
Year — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
FINAL ESTIMATE
RESOLUTION NO. 245.72
WHEREAS, the contract for the
City of Dubuque Southern Avenue
water main extension has been
completed and the City Engineer
has submitted his final estimate
showing the cost thereof including
the cost of estimates, notices, in-
spection, and preparing the asses-
ment and plat, now therefore,
Regular Session, August 7, 1972 377
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$19,962.00.
That none of the cost thereof
shall be asessable upon private
property and $19,%, 2.00 shall be
paid from the WATERWORKS GE-
NERAL Fund of the City of Du-
buque.
Passed, adopted and approved
this 7th day of August 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
(A Resolution
AccWing Improvement)
RESOLUTION NO. 246.72
WHEREAS, the contract for the
City of Dubuque Southern Avenue
water main extension has been
completed and the City Manager
has examined the work and filed
his certificate stating that the same
has been completed according to
the terms of the contract, plans
and specifications and recommends-
its
ecommendsits acceptance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED
that the City Treasurer, be and
he is hereby directed to pay to
the contractor from the Water-
works General Fund upon the
above described improvement in
amount equal to the amount of
his contract, less any retained per-
centage provided for therein.
Passed, adopted and approved
this 7th day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
August 3, 1972
To the Honorable Mayor
and City Council
We are submitting for your ap-
proval the preliminary estimates,
plans and specifications and re-
solutions of necessity for the fol-
lowing:
Projects as listed under HUD -
WS -IOWA -99
CONTRACT II SECTION I, WA-
TERWORKS MODERNIZATION
CONTRACT II SEC'T'ION 2,
FEEDER M A I N EXTENSION
WEST 32ND STREET
CONTRACT II SECTION 3,
FEEDER MAIN EXTENSION -
PARK HILI.
CONTRACT II SECTION 4,
FEEDER MAIN EXTENSION -
HIGHWAY *20
We recommend that the final
plans and specifications, as sub-
mitted by our engineer's Henning -
son. Durham & Richardson be ac-
cepted, that bids be taken and
contracts be awarded after final
acceptance by HUD.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved ac.
ceptance of the recommendation
Seconded by Councilman Thorns.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 247.72
Approval of preliminary plans,
specifications, form of contract
plat and all other documents for
378 Regular Session, August 7, 1972
the construction of Contract II,
Section I, Waterworks Moderniza-
tion -1972 -HUD -WS -IOWA -99, in the
estimated amount of $564,810., pre
sented and read.
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
(Necessity for Improvement)
RESOLUTION NO. 248.72
WHEREAS, proposed plans, spe-
cifications, form of contract have
been duly prepared and approved
by the City Council of the City
of Dubuque and are now on file
in the office of the City Clerk
showing among other things the
following:
1. An estimate of the cost of
the proposed improvement for
CONTRACT II SECTION I
WATERWORKS
MODERNIZATION 1972
HUD -WS -IOWA -99
BE IT THEREFORE RESOLV-
ED that the City Council on its
own motion or upon petition of
property owners, deems it advis-
able and necessary for the public
welfare to make the hereinmen-
tioned improvement, and unless
property owners at the time of
the final consideration of this pro
posed resolution have on file with
the City Clerk objections to the
amount of the cost of improve-
ment, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve.
ment will be paid from the Wa-
terworks General Fund and a Fe-
deral Grant.
The above resolution was intro-
duced, approved, and ordered
placed on file with the City Clerk
this 7th day of August, 1972.
Approved and placed on file for
final action.
Approved:
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved ap-
proval of the resolution. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, Thoms.
Nays — None.
(FIXING DATE OF HEARING)
RESOLUTION NO. 249-72
WHEREAS, the City Council of
the City of Dubuque, Iowa has
given its preliminary approval on
the proposed plans, specifications,
and form of contract and placed
same on file in the office of the
(sty Clerk for public inspection for
CONTRACT II SECTION I
WATERWORKS
MODERNIZATION 1972
HUD -WS -IOWA -99
BE IT THEREFORE RESOLV-
ED that on the 21st day of Au-
gust, 1972, a public hearing will
be held at 7:30 p.m. in the Coun-
cil Chamber of the City of Du-
buque at which time the objectors
for the proposed improvement may
appear and make objection to the
proposed plans and specifications
and proposed form of contract,
to the cost of the improvement
and the City Clerk be and he
is hereby directed to cause a no
tiee of the time and place of such
hearing to be published in some
newspaper published in the City
of Dubuque which shall be not
less than ten (10) days prior to
the day fixed for its consideration,
and said Clerk is further instruct-
ed to advertise for proposals for
the construction of the aforemen-
tioned improvement.
Passed, adopted and approved
this 7th day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joesph J. Bitter
Councilmen
Regular Session, August 7, 1972 379
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thorns, Carried by
the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
(Ordering Construction)
RESOLUTION NO. 250.72
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE that pursuant to
a Resolution of Necessity No. 248-
72 which was duly passed by this
Council for
CONTRACT 11 SECTION I
WATERWORKS
MODERNIZATION 1972
IIUD-WS-IOWA-99
be and the same are hereby or-
dered and constructed by this
Council upon its own motion and
with or without the petition of pro-
perty owners. All the work shall
he constructed in accordance with
the plans and specifications here-
tofore adopted and now on file
in the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvement be paid from
the Waterworks General Fund and
Federal Grant.
BE IT FURTHER RESOLVED
that the City Clerk be and he
is hereby ordered and directed to
advertise for proposals for the con-
struction of the various improve-
ments herein provided for in the
manner provided by law.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of IMMEDIATE NE-
CESSITY shall be in force and
effect from and after its passage
and adoption by the City Council.
Passed, adopted and approved
this 7th day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thorns. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None. August 3, 1972
To the Honorable Mayor
and City Council
We are submitting for your ap-
proval the preliminary estimates,
plans and specifications and re-
solutions of necessity for the fol-
lowing:
Projects as listed under HUD -
WS -IOWA -99
CONTRACT II SECT14ON 1
WATERWORKS
MODERNIZATION
CONTRACT I1 SECTION 2
FEEDER MAIN EXTENSION
WEST 32ND STREET
CONTRACT II SECTION 3
FEEDER MAIN EXTENSION
PARK HILI.
CONTRACT II SECTION 4
FEEDER MAIN EXTENSION
HIGHWAY #20
We recommend that the final
plans and specifications, as sub-
mitted by our engineer's Henning -
son, Durham & Richardson be ac-
cepted, that bids be taken and
contracts be awarded after final
acceptance by HUD.
Gilbert D. Chavenelle
City Manager
Councilman Bitter moved that
the communication be received and
filed. Seconded by Councilman
Thorns. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 251-72
Preliminary Estimate and appro-
val of plans, specs., form of con-
tract, and all other documents for
the construction of Contract I1,
Section 2 West 32nd Street -Section
3 Park Hill -Section 4 Highway 20 -
Waterworks Improvements 1 9 7 2
Feeder Main Extension HUD-WS-
I0VVA-99, in the estimated amount
of 5495,491. presented and read.
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Thorns. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, Thoms.
Nays — None.
380 Regular Session,
(Necessity for Improvement) i
RESOLUTION NO. 254-74
WHEREAS, proposed plans, spe-
cifications, form of contract have
been duly prepared and approved
by the City Council of the City
of Dubuque and are now on file
in the office of the City Clerk
showing among other things the
following:
1. An estimate of the cost of
the proposed improvement for
CONTRACT II
SECTION 2 - WEST 32ND STREET
SECTION 3 - PARK HILI.
SECTION 4 - HIGHWAY #20
WATERWORKS 1
IMPROVEMENT - 1972
FEEDER MAIN EXTENSION
HUD -WS -IOWA -99
BE IT THEREFORE RESOLV-
ED that the City Council on its
own motion or upon petition of j
property owners, deems it advis-
able and necessary for the public
welfare to make the hereinmen-
tioned improvement, and unless
property owners at the time of
the final consideration of this pro-
posed resolution have on file with
the City Clerk objections to the
amount of the cost of improve-
ment, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid from the Wa-
terworks General Fund and a Fe-
deral Grant.
The above resolution was intro-
duced, approved, and ordered
placed on file with the City Clerk
this 7th day of August, 1972.
Approved and placed on file for
final action.
Approved:
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
August 7, 1972
Councilman Bitter moved appro.
val of the resolution. Seconded by
Councilman Thorns. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
(FIXING DATE OF HEARING)
RESOLUTION NO. 253.72
WHEREAS, the City Council of
the City of Dubuque, Iowa has
given its preliminary approval on
the proposed plans, specifications,
and form of contract and placed
same on file in the office of the
City Clerk for public inspection
for
CONTRACT II
SECTION 2 - WEST 32ND STREET
SECTION 3 - PARK HILL
SECTION 4 - HIGHWAY *20
WATERWORKS
IMPROVEMENT - 1972
FEEDER MAIN EXTENSION
HUD-WSTOW A99
BE IT THEREFORE RESOLV-
ED that on the 21st day of Au-
gust, 1972, a public hearing will
he held at 7:30 p.m. in the Council
Chamber of the City of Dubuque
at which time the objectors for
the proposed improvement may ap-
pear and make objection to the
proposed plans and specifications
and proposed form of contract,
to the cost of the improvement
and proposed form of contract,
to the cost of the improvement
and the City Clerk be and he
is hereby directed to cause a no-
tice of the time and place of such
hearing to be published in some
newspaper published in the City
of Dubuque which shall be not
less than ten (10) days prior to
the day fixed for its consideration,
and said Clerk is further instruct-
ed to advertise for proposals for
the construction of the aforemen-
tioned improvement.
Passed, adopted and approved
this 7th day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Regular Session, August 7, 1972 381
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Thorns. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter. Justmann,
Pregler, Thoms.
Nays — None.
(Ordering Construction)
RESOLUTION NO. 254.72
BE IT RESOLVED BY THE
CITY COUNCIL OF 711E CITY
OF DUBUQUE that pursuant to
a Resolution of Necessity No. 252.
72 which was duly passed by this
Council for
CONTRACT 11
SECTION 2 - WEST 32ND STREET
SECTION 3 - PARK HILI.
SECTION 4 - HIGHWAY 020
WATERWORKS
IMPROVEMENT - 1972
FEEDER MAIN EXTENSION
HUD -WS -IOWA -99
be and the same are hereby or-
dered and constructed by this
Council upon its own motion and
with or without the petition of pro.
perty owners. All the work shall
be constructed in accordance with
the plans and specifications here-
tofore adopted and now on file
in the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvement be paid from
the Waterworks General Fund and
Federal Grant.
BE IT FURTHER RESOLVED
that the City Clerk be and he
is hereby ordered and directed to
advertise for proposals for the con-
struction of the various improve-
ments herein provided for in the
manner provided by law.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of IMMEDIATE. NE-
CESSITY shall be in force and
effect from and after its passage
and adoption by the City Council.
Passed, adopted and approved
this 7th day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop
tion of the resolution. Seconded
by Councilman Thorns. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler. Thorns.
Nays — None.
August 3, 1972
To the Honorable Mayor
and City Council
We are submitting for your at)
proval the preliminary estimates,
plans and specifications and reso-
lution of necessity for the following
project listed under HITD-WS-]O-
WA-99.
CONTRACT I
CENTER GROVE VALLEY
SANITARY INTERCEPTOR
SEWER 1972
We recommend that the final
plans and specifications as sub-
mitted be accepted, that bids be
taken and contracts be awarded
after final acceptance by HUD.
Gilbert D. Chavenelle
City Manager
Councilman Bitter moved that
the communication be received and
filed. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 255-72
Approval of preliminary Esti-
mate, proposed, plans, specs., form
of contract and all other documents
for the construction of Contract
No, 1 Center Grove Valley Sani-
tary Interceptor Sewer 1972-IFUD
project Number WS -IOWA -99, in
an estimated amount of $317,513.00
presented and read.
Councilman Bitter moved that
the resolution be adopted. Second-
ed by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thorns.
Nays — None.
(Necessity for Improvement)
RESOLUTION NO. 256-72
WHEREAS, proposed plans, spe-
cifications, form of contract have
been duly prepared and approved
by the City Council of the City
of Dubuque and are now on file
in the office of the City Clerk
showing among other things the
following:
382 Regular Session, August 7, 1972
1. An estimate of the cost of
the proposed improvements for
CONTRACT NO. 1
CENTER GROVE VALLEY
SANITARY INTERCEPTOR
SEWER 1972 HUD -WS IOWA -99
BE IT THEREFORE RESOLV-
ED that the City Council on its
own motion or upon petition of
property owners, deems it advis-
able and necessary for the public
welfare to make the hereinmen-
tioned improvement, and unless
property owners at the time of
the final consideration of this pro-
posed resolution have on file with
the City Clerk objections to the
amount of the cost of improve-
ment, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid from the Sani-
tation Sewage Rental Fund and
a Federal Grant.
The above resolution was intro-
duced, approved, and ordered
placed on file with the City Clerk
this 7th day of August, 1972.
Approved and placed on file for
final action.
Approved:
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved appro-
val of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
(FIXING DATE OF HEARING)
RESOLUTION NO. 257.72
WHEREAS, the City Council of
the City of Dubuque, Iowa has
given its preliminary approval on
the proposed plans, specifications,
and form of contract and placed
same on file in the office of the
City Clerk for public inspection
for
CONTRACT N0.1
CENTER GROVE VALLEY
SANITARY INTERCEPTOR
SEWER 1972 HUD -WS -IOWA -99
BE IT THEREFORE RESOLV-
ED that on the 21st day of Au.
gust, 1972, a public hearing will
be held at 7:30 p.m. in the Council
Chamber of the City of Dubuque
at which time the objectors for
the proposed improvement may ap-
pear and make objection to the
proposed plans and specifications
and proposed form of contract,
to the cost of the improvement
and the City Clerk be and he
is hereby directed to cause a no-
tice of the time and place of such
hearing to be published in some
nenvspaper published in the City
of Dubuque which shall be not
less than ten (10) days prior to
the day fixed for its consideration,
and said Clerk is further instruct-
ed to advertise for proposals for
the construction of the aforemen-
tioned improvement.
Passed, adopted and approved
this 7th day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoma
C. Robert Justmann
Joseph J .Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
(Ordering Construction)
RESOLUTION NO. 258.72
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE that pursuant to
a Resolution of Necessity No. 256-
72 which was duly passed by this
Council for
CONTRACT NO. 1
CENTER GROVE VALLEY
SANITARY INTERCEPTOR
SEWER 1972 HUD -WS -IOWA -99
be and the same are hereby or-
dered and constructed by this
Regular Session, August 7, 1972 383
Council upon its own motion and
with or without the petition of pro-
perty owners. All the work shall
he constructed in accordance with
the plans and specifications here.
tofore and now on file in the office
of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvement be paid from
the Sanitation Sewage Rental Fund
and Federal Grant.
BE IT FURTHER RESOLVED
that the City Clerk be and he
is hereby ordered and directed to
advertise for proposals for the con-
struction of the various improve-
ments herein provided for in the
manner provided by law.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of IMMEDIATE NE-
CESSITY shall be in force and
effect from and after its passage
and adoption by the City Council.
Passed, adopted and approved
!his 7th day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
f,eo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution, Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
August 4, 1972
To the Honorable Mayor
and City Council
We are submitting for your ap-
proval the preliminary estimates,
plans and specifications and re-
solution of necessity for the fol-
lowing project.
PHASE 11
WASTE WATER TREATMENT
FACILITIES
CONTRACT 11
This contract consists of dome
type covers on existing trickling
fi.ters and primary clarifiers, a
building structure over the grit
and grease basin, complete odor
control system and required venti-
lation modifications, site precon-
solidation, and required flow mea-
suring and sampling devices.
We recommend that the final
plans and specifications, as sub.
mitted by our Consulting Engi-
neer's Henningson, Durham & Ric-
hardson and Cullen-Schiltz & As.
sociates, be accepted, that bids
be taken and contracts be award.
ed.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the communication be received and
filed. Seconded by Councilman Bit-
ter. Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 259-72
Approval of preliminary plans,
specs., form of contract, plat, and
all other documents for the con
struction of Phase I1, Waste Water
Treatment Facilities, Contract II
consisting of dome type covers on
existing trickling fitters and pri-
mary clarifiers, a building struc-
ture over the grit and grease ba-
sin, complete odor control system
required ventilation modifications,
site preconsolidation and require)
flow measuring and sampling de-
vices, at an estimated cost of
$1,100,000.00, presented and read.
Councilman Pregler moved that
the resolution be adopted. Second-
ed by Councilman Bitter. Carrie(i
by the following vote:
Yeas — Mayor Moldenhauer.
Councilman Bitter, Justmann,
Pregler, Thoms.
Nays — None.
(Necessity for Improvement)
RESOLUTION NO. 250.72
WHEREAS, proposed plans, spe-
cifications, form of contract have
been duly prepared and approved
by the City Council of the City
of Dubuque and are now on file
in the office of the City Clerk
showing among other things the
following:
1. An estimate of the cost of
the proposed improvement for
PHASE II
WASTE WATER TREATMENT
FACILITIES
CONTRACT 11
This contract consists of dome,
type covers on existing trickling
filters and primary clarifiers,
building structure over the grit
384 Regular Session, August 7, 1972
and grease basin, complete odor
control system and required venti-
lation modifications, site preconso-
solidation, and required flow mea-
suring and sampling devices.
BE 1T THEREFORE RESOLV•
ED that the City Council on it,
own motion or upon petition of
property owners, deems it advis-
able and necessary for the public
welfare to make the hereinmen
tioned improvement, and unless
property owners at the time of
the final consideration of this pro-
posed resolution have on file with
the City Clerk objections to the
amount of the cost of improv
ment, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordant
with the plans and specifications
which have been prepared th
fore by the City Engineer which
have been approved by the Cit
Council and are now on file with
the City Clerk. That the cost a
expense of making said improve-
ment will be paid from the S:
tation Sewage Rental Fund and
a Federal -State Grant.
The above resolution was intro-
duced, approved, and orderer
placed on file with the City Clerk
this 7th day of August, 1972
Approved and placed on file for
final action.
Approved:
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved ap-
proval of the resolution. Second-
ed by Councilman Bitter. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
(FIXING DATE OF HEARING)
RESOLUTION NO. 261-72
WHEREAS, the City Council of
the City of Dubuque, Iowa has
given its preliminary approval on
the proposed plans, specifications,
and form of contract and placed
same on file in the office of the
City Clerk for public inspection
for
PHASE II
WASTE WATER TREATMENT
FACILITIES
CONTRACT 11
This contract consists of dome
type covers on existing trickling
filters and primary clarifiers, a
building structure over the grit
and grease basin, complete odor
control system and required ven-
tilation modifications, site precon-
solidation, and required flow mea-
suring and sampling devices.
BE IT THEREFORE RESOLV-
ED that on the 21st day of Au-
gust, 1972, a public hearing will
be held at 7:30 P.M. in the Council
Chamber of the City of Dubuque
at which time the objectors for
the proposed improvement may ap-
pear and make objection to the
proposed plans and specheations
and proposed form of contract,
to the cost of the improvement
and the City Clerk be and he
is hereby directed to cause a no-
tice of the time and place of such
hearing to be published in some
newspaper published in the City
of Dubuque which shall be not
lets than ten (10) days prior to
the clay fixed for its consideration,
and said Clerk is further instruct-
ed to advertise for proposals for
the construction of the aforemen-
tioned improvement.
Passed, adopted and approved
this 7th day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
(Ordering Construction)
RESOLUTION NO. 262-72
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE that pursuant to
a Resolution of Necessity No. 260-
Regular Session, August 7, 1972 385
72 which was duly passed by this
Council for
PHASE Ii
WASTE WATER TREATMENT
FACILITIES
CONTRACT 11
This contract consists of dome
type covers on existing trickling
filters and primary clairifiers, a
building structure over the grit
and grease basin, complete, odor
control system and required venti-
lation modifications, site preconsol-
idation, and required flow mea-
suring and sampling devices, be
and the same are hereby ordered
and constructed by this Council
upon its own motion and with or
without the petition of property
owners. All the work shall be con-
structed in accordance with the
plans and specifications heretofore
adopted and now on file in the
office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvement be paid from
the Sanitation Sewage Rental Fund
and a Federal -State Grant.
BE IT FURTHER RESOLVED
that the City Clerk be and he
is hereby ordered and directed to
advertise for proposals for the con-
struction of the various improve-
ments herein provided for in the
manner provided by law.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of IMMEDIATE NE-
CESSITY shall be in force and
effect from and after its passage
and adoption by the City Council,
Passed, adopted and approved
this 7th day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
To the Honorable Mayor
and Members of the City Council
August 4, 1972
Street Commissioner Cletus Allen
has made arrangements with the
county and school districts for the
joint purchase of such supplies as
motor fuel and tires.
I am attaching his letter re-
commending a proposed resolution
that the city enter into a coopera-
tive purchasing arrangement with
the county and the schools.
I request that you favorably con-
sider the resolution.
Gibert D. Chavenelle
City Manager
Councilman Bitter moved that
the communication be received and
and filed. Seconded by Council-
man Pregler. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer.
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 267-72
WHEREAS, the Citizens and
Taxpayers of the City of Dubuque
are entitled to economy and effi-
ciency in the administration and
operation of their municipality;
and
WHEREAS, it is a recognized
fact that the centralized and coop-
erative purchasing ventures be-
tween various governmental agen-
cies results in considerable savings
to the community; and
WHEREAS, it is an economical
and practical matter for the City
of Dubuque to participate in such
a program for the purchasing of
such items as general supplies,
gasoline, motor oil, fuel oil, tires,
and -or other related or non -related
items; and
WHEREAS, the City Council of
the City of Dubuque desires to
be a party to the joint purchasing
4fort being developed between the
various agencies in Dubuque Coun•
ty ;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque that the City
enter into a cooperative purchasing
program with Dubuque County, Io-
wa and the Dubuque Community
and Western Dubuque County Com-
munity School Districts for the pur-
chase of items commonly used by
all agencies -
BE IT FURTHER RESOLVED
that other advancements and ap-
plications, in the field of coopera-
386 Regular Session, August 7, 1972
tive purchasing be explored and
if practical, expanded in the future.
Passed, approved and adopted
this 7th day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 264.72
WHEREAS, applications for Li.
quor licenses have been submitt-
ed 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 license 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
Donna M. Ginter, 342 Main Street
Pete S. Sfikas, 401 Central Avenue
Passed, adopted and approved
this 7th day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 26S•72
WHEREAS, applications for Li-
quor licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the State I.aw and all City ordi.
nances 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" (COMMERCIAL)
BEER & LIQUOR LICENSE
Donna M. Ginter, 342 Main Street
Pete S. Sfikas, 401 Central Avenue
Passed, adopted and approved
this 7th day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 266.72
WHEREAS, applications for Li-
quor licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and licenses issued upon the
compliance with the terms of the
IOWA LIQUOR CONTROL ACT—
CHAPTER 131—as amended by the
64th General Assembly, 1971.
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
James Joseph Klauer, 1646 Asbury
Street
Passed, adopted and approved
this 7th day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Regular Session, August 7, 1972 387
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 267-72
WHEREAS, applications for Li-
quor licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the State Law and all City ordi-
nances 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 ap-
plicants a Liquor license.
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
James Joseph Klauer, 1W Asbury
Street
Passed, adopted and approved
this 7th day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adp
tion of the resolution. Second 6c
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thorns.
Nays — None.
Mr. Givens of Beef Supreme Inc.
addressed the Council seeking ap-
proval for construction of a car
wash on J.F.K. Road near the
inte section of (University & U.S.
Highway #2o. Some discussion
arose as Go traffic hazards in-
volved in the installation of a car
wash at this location. The City
Engineer found no unusual objec-
tion to the installation of the car
wash. Mayor Moldenhauer then
moved that the petition be grant-
ed. Seconded by Councilman Preg-
'er. Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Pregler,
Thorns.
Nays — Councilman Justmann.
There being bo further business
Councilman Bitter moved to ad-
journ. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Leo F. Frommelt
City Clerk
Approved December 18 1972
Adopted December 18 1972
City Clerk
Special Session, August 11, 1972
CITY COUNCIL
OFFICIAL
Special Session, August 14, 1472.
Council met at 7:30 P.M. (C.D.
T.)
Present — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms. City Manager Gil.
bert D. Chavenelle.
Mayor Moldenhauer read the call
and stated that service thereof had
been duly made and this meeting
is called for the purpose of acting
upon such business as may pro-
perly come before the meeting.
Mayor Moldenhauer presented
the name of Keith Malone as an
appointment to the Advisory Com-
mission to fill the unexpired term
of Rev. Allen Maruyama to June
1, 1974, Councilman Thoms moved
ratification of the appointment. Se-
conded by Councilman Bitter. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Communication of Iowa S t a t c
Highway Commission submitting a
Utilities Accomodation Permit in
connection with proposed construc-
tion of a water line along High-
way, requesting proper execution,
Presented and read. Councilman
Pregler moved approval of the per-
mit and the Manager be given
authority to sign. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Communication of Mrs. Carl Fin-
zel, in editorial form, being an
editorial published in the Telegraph
Herald, objecting to the construc-
tion of cement posts at the end
of the drive thru Flora Park, to
prevent through traffic, presented
and read.
Communication of Dubuque Park
Board submitting various reasons
why the parking lot area at Flora
had been blocked off, in rebuttal
to Mrs. Finzel's letter which ap-
peared in the Telegraph Herald
presented and read.
Councilman Pregler moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Mrs, Carl Finzel spoke in be
half of her letter by stating that
clesing off the drive area in the
summertime was of not too much
concern, however in the winter
tame it becomes serious, as it is
the only way to get out, due to
the length of time it takes to
plough the main thoroughfare.
Councilman Pregler moved that
the coin muni cations be received
and filed, and referred back to
the Park Board to solicit the aid
of the Traffic Department, pos-
sibly call a neighborhood meeting.
for an equitable solution. Second-
ed by Councilman Bitter. Carried
by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Communication of Mayor Mol-
denhauer dated August 13, 1972
being a weekly report to the Coun-
cil, presented and read. Council-
man Pregler moved that the com-
munication be received and filed.
Seconded by Councilman Thoms.
Carried by the following vote:
Yeas -- Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, Thoms.
Nays — None.
August 9, 1972
To the Honorable Mayor
and City Council
I am returning the petition for
street lighting on Brunswick.
The area has been investigated
by the electrical inspector and it
is recommended that a 4000 lumen
incandescent fixture be installed
on an existing pole at the rear
property line, between 2829 and
2&33 Balke Street.
Gilbert D. Chavenelle
City Manager
Mayor Moldenhauer moved ap-
proval of the recommendation. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, 'Thoms.
Nays — None.
Special Session, August 11, 1972 389
Communication of Mrs. J. Wallis
Winall, expressing an interest in
the purchase of a city'owned lot
on Avon Street, known as Lot 8
in M. A. McDaniel Sub. in the
City of Dubuque, Iowa, presented
and read. Councilman Bitter
moved that the communication be
referred to the City Manager and
City Solicitor. Seconded by Ooun-
cilman Pregler. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Tlioms.
Nays — None.
Notice of Claim of Joseph P.
llelling, in the amount of $21.61,
for damage to a fire on his car
as the result of striking a sharp
piece of curb at Foye and Napier
Street on August 5, 1972, presented
and read. Counciiman Bitter
moved that the notice of claim
be referred to the City Attorney
for investigation and proper ac-
tion. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notice of Claim of Julius A. We -
iii, in the amount of $113.86, for
damage incurred as the result of
a backed -up sanitary sewer at his
home at 595 O'Neill St., presented
and read. Councilman Bitter
moved that the notice of claim
be referred to the City Attorney
for investigation and proper action.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Midwest Developers
Inc. requesting vacation of a por-
tion of Stoneman Road, presented
and read. Councilman Bitter
moved that the petition be referred
to the Planning & Zoning Commis-
sion. Seconded by Councilman
P egler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, Thoms.
Nays — None.
Petition of Mrs. William Heid-
enreich requesting donation of City
trucks to assist in a newspaper
recycling drive, presented and
read.
Councilman Justmann m o v e d
that the petition be. referred to the
City Manager to explore the recy-
cling idea. Seconded by Mayor Mo-
ldenhauer. Carried by the following
vote:
Yeas — Mayor M(Adenhauer,
Councilmen Bitter, Justmann,
Pregler. Thoms.
Nays — None.
Petition for suspension of taxes
due to infirmity or old age, sub-
mitted by the County of Dubuque,
for property located at 24611 Hill-
crest Drive and owned by Robert
G. & Gertrude Ogaard, presented
and read. Councilman Bittter
moved that the petition be referred
to the City Manager and City At-
torney. seconded by Councilman
Justmann. Carried by the following-
vote:
ollowingvote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, Thoms.
Nays — None.
Petition of Mark P. McGovern
requesting a refund on the unex-
pired portion of cigarette license
,No. 243, in the amount of $75.,
as he has discontinued business
on August 8, 1972, presented and
read. Councilman Pregler moved
that the refund be granted and
the Auditor instructed to issue pro-
per warrant. Seconded by Council-
man Bitter. Carried by the fol-
lowing vote:
Yeas — '.Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Resolution Authorizing the City
Manager to execute an extra work
order with the State Highway Com-
mission to cover additional ex-
pense in the Dodge Street Corri-
dor Study, along with his commu-
nication requesting consideration,
brought forward from previous
meetings, presented and read.
Councilman Justmann m o v e d
that the extra expenditure be dis-
allowed.
;MOTION DIED FOR LACK OF
A SECOND,
Councilman Pregler moved that
the expenditure be authorized. S
conded by Councilman Thoms.
Vote on the motion was as fol
wx s :
390 Special Session, August 14, 1972
Yeas — Councilmen Pregler,
Thoms.
Nays -- Mayor Moldenhauer,
Councilmen Bitter, Justmann.
MOTION LOST.
Councilman Bitter moved that
the Mayor, Manager and Solicitor
make a detailed study of proposal
to come back with a recornmenda-
tion.
MOTION DIED FOR LACK OF
A SECOND.
Councilman Thoms moved that
the matter be referred back to
the Manager and City Solicitor.
Seconded by Councilman Pregler.
Councilman Bitter moved to a-
mend the original motion to pro-
vide that the Mayor or member
of the Council be authorized to
sit in on the conference. Second-
ed by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Nays — Councilmen Pregler,
Thoms.
ORDINANCE NO. 47.72
An Ordinance amending and
changing Ordinance No. 3-34 known
as the "Zoning Map and Zoning
Ordinance of the City of Dubuque,
Iowa" so as to change certain
property hereinafter described
from "Multiple Residence District'
classification to "Business Dis-
trict' classification, ( Lot 19 of Key
Knolls Sub.) presented and read.
Councilman Pregler moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman J u s t -
mann. Carried by the follow-
ing vote:
Yeas — M a y o r Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Councilman Pregler moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Prernler, Thoms.
Nays — None.
Councilman Pregler moved that
a public hearing be held on the
Ordinance on September 5, 1972,
at 7:30 o -clock P.M. in the Coun-
cil Chamber at the City Hall and
that the City Clerk be instructed
to publish notice of the hearing
in the manner required by law.
Seconded by Councilman J u s t -
mann. Carried by the follow-
ing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays -- None.
ORDINANCE NO. 48.72
An Ordinance amending and
changing Ordinance No. 3-34 known
as the "Zoning Map and Zoning
Ordinance of the City of Dubuque,
Iowa" so as to change certain
property hereinafter described
from "Multiple Residrnce District"
classification to "Business District
classification" (22nd Street at
Jackson and White streets), pre-
sented and read.
Councilman Pregler moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman J us t -
mann Carried by the follow.
ing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
Councilman Pregler moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council-
man Justmann. Carried by the fol
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, Thoms.
Nays — None.
Councilman Pregler moved that
a public hearing be held on the
Ordinance on September 5, 1972,
in the Council Chamber at the
City Hall at 7:30 P.M. and that
the City Clerk be instructed to
Publish notice of the hearing in
the manner required by law. Se-
conded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
At 9:30 P.M. councilman Just -
mann moved that the Council go
into executive session to discuss
Sewage Treatment rates. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Special Session, :kugust 11, 1972 391
Councilmen B i t t. a r. Justmann.
Pregler, Thoms.
Nays — None.
At 11:04 P.M. the Council recon-
vened in regular session. Council.
man Bitter moved that negotia-
tions on sewage rental reports as
relating to private industry regu-
lations were discussed. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, Thorns,
Nays — None.
There being no further business
Councilman Bitter moved to ad-
journ. Seconded by Mayor Molden- j
hauer, Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Leo F. Frommelt
City Clerk
Approved December 18 1972
Adopted December 18 1972
Special Session, August 21, 1972
CITY COUNCIL
OFFICIAL
Special Session August 21, 1972.
Council met at 7:30 P.M. (D.
S.T.)
Present — Mayor Moldenhaver,
Councilmen Bitter, Justmann,
Pregler, Thorns. City Manager
Gilbert D. Chavenelle.
Mayor Moldenhauer read the call
and stated that service thereof
had been duly made and this meet-
ing is called for the purpose of
c-nducting a public hearing on wa.
terworks modernization — W. 32nd
Street, Park Hill, Highway #20
feeder mains — Center Grove Val.
ley sewer — Waste water treat-
ment facilities, and acting upon
such other business as may pro-
perly come before a regular meet-
ing of the Council.
Communication of Cal Murdock
of the Recreation Department sub-
mitting a report on bicycling, pre-
sented and read.
Mayor Moldenhauer moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Second-
ded by Councilman Pregler. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Cal Murdock spoke to the Council
as to future }flans for the bicyclists.
Some requests were made as to
possible bicycle routes and traffic
regulations. Councilman Justmann
moved that the report be referred
to the City Manager with earliest
report to the Council. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r. Justmann,
Pregler, Thorns.
Nays — None.
Petition of Damaris Eichman et
al (containing 2850 signatures) sup-
porting bikeways the City of Du-
buque, presented and read. Coun-
cilman Bitter moved the the peti-
tion be received and filed, Se-
conded by Councilman Justmann.
Carried by the fallowing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 268-72
WHEREAS, the City of Dubuque
has been without taxicab service
for many months passed; and
WHEREAS, the City has been
negotiating with Jeanette Luerkens
and William Luerkens, who have
petitioned for permit to operate
a taxicab service in the City of
Dubuque; and
WHEREAS, Jeanette Luerkens
and William Luerkens and the City
of Dubuque, Iowa, have reduced
terms of agreement in writing re-
lating to the issuance of taxicab
permits to said petitioners by the
City of Dubuque, Iowa, and that
the form of contract should be
approved.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the agreement
by and between Jeanette Luerkens
and William Luerkens and the City
of Dubuque, Lowa, covers terms
and conditions of the issuance o"
a taxicab permit or permits dated
August 21, 1972, be and the same
is hereby approved and confirmed.
Section 2. That the Mayor and
City Clerk be and they are here-
by authorized and directed to ex-
ecute said agreement for and on
behalf of the City of Dubuque.
Iowa.
Section 3. City Manager is here-
with directed to issue taxicab per-
mit or permits in accordance with
ordinances relating thereto.
Section 4. City Council herewith
acknowledges and confirms that
a public hearing has heretofore
been held on the petition for taxi-
cab permits and no objections have
been made thereto.
Passed, approved and adopted
this 21st day of August 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — M a y o r Moldenhauer,
Special Session, August 21, 1972 393
Councilmen Bitter, Justmann.
Pregler, Thorns.
Nays — None.
Communication of Mayor Mold-
enhauer, dated August 20, 1972,
submitting his weekly report to
the Council, presented for filing.
Councilman Bitter moved that the
communication be received and
filed. Seconded by Councilman
Pregler. Carried by the followimi
vote:
Yeas — M a y o r Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Printed Council proceedings for
the month of May 1972, presented
for approval. Councilman Pregler
moved that the printed Council
proceedings for the month of May
1972 be approved as printed. Sec-
onded by Councilman Bitter. Car-
ried by the following vote:
Yeas — M a y o r Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
To The Honorable Mayor and
City Council
During the past few months
many complaints have been re-
ceived regarding the condition of
a structure and premises located
at 2560 Elm Street, Dubuque, Iowa.
I directed the various City De-
partments to make a complete in-
spection of this dwelling and prem-
ises. This inspection was made on
June 20, 1972, and the following
is the report:
June 20, 1972
Gilbert D. Chavenelle
City Manager
Dear Sir:
On February 1, 1971, a fire
caused extensive damage to a two-
story, brick and frame, single fam-
ily building at 2560 Elm Street,
Dubuque, Iowa.
As the result of the fire this
building was posted by the City
of Dubuque Housing Department
as unfit for human habitation.
The conditions that are present
offer a definite fire hazard, a
breeding place for rats, an attrac-
tive nuisance for children and a
detriment to this area.
We recommend that immediate
steps be taken to rectify this con-
dition.
This building is located on Lot
8:1 in E. Langworthy Addition, Citi
of Dubuque, Iowa, and is owned
by Mr. Milton Bader, 743 Bluff
Street, Dubuque, Iowa, and Mrs.
Byrdena Bader, 1264 university
Avenue, Dubuque, Iowa,
Donald J. Bandy
Building Commissioner
Robert N. Dunphy
Fire Chief
Harold F. Zimmerman
Housing Inspector
After receiving this report, 1 per-
sonally inspe0ed the premises.
As a result of this inspection
on June 21, 1972, 1 prepared the
following notice. June 21, 1972
Notice
.firs. Byrdena Bader
1264 university Avenue
Dubuque, Iowa 52001
Dear Mrs. Bader:
I have personally inspected the
building known as 2560 Elm
Street, Dubuque, Iowa, and located
on Lot 83 in E. Langworthy Addi-
tion , City of Dubuque, Iowa, and
find the conditions as they have
been reported to me by the Build-
ing Commissioner, Fire Chief and
the Housing inspector substantially
correct. A copy of whose report
is hereto attached and by refer-
ence made a part hereof.
According to City Ordinance No.
35.52, you are hereby given ten
( 10) days notice to dismantle thr
building and clean up the premises.
Gilbert D. Chavenelle
City Manager
City of Dubuque, Iowa
June 21, 1972
Notice
Mr. Milton J. Bader
743 Bluff Street
Dubuque, Iowa 52001
Dear Mr. Bader:
I have personally inspected the
building known as 1560 Elm Street,
Dubuque, Iowa and located on Lot
83 in E. Langworthy Addition, City
of Dubuque, Iowa, and find the
conditions as they have: been re-
ported to me by the Building Com-
missioner, Fire Chief and the Hous-
ing Inspector substantially correct.
A copy of whose report is hereto
attached and by reference made
a part hereof.
According to City Ordinance No.
35-52, you are hereby given ten
(10) days notice to dismantle the
hui'.ding and clean up the premises.
Gilbert D. Chavenelle
Cit, Manager
394 Special Session, August 21, 1972
July 20, 1972
The notice has not been com-
plied with and I recommend to
the City Council that the provi-
sions of Ordinance No. 35-52 be
enforced and that the owner of
said building known as 2560 Elm
Street, Dubuque, Iowa, and located
on Lot 83 in E. Langworthy Addi-
tion, City of Dubuque, Iowa, be
required to dismantle said build-
ing and clean up the premises.
Gilbert D. Chavenelle
City Manager
Councilman Bitter moved appro-
val of the recommendation and
the Clerk be instructed to publish
proper notice and a public hearing
be held on September 11, 1972.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
August 18, 1972.
To the Honorable Mayor
and City Council
I herewith submit the reports
of the City Auditor, City Treasur-
er, Water Superintendent, Health
Department., as well as a list of
claims paid for the month of July
1972.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the reports be received and filed.
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
August 15, 1972
lonorable Mayor and
City Council
On July 21, 1972, Petition for
Suspension of Taxes by Helen M.
Bradley was referred to City Coun-
cil by Leo Ungs, Administrator
of Institutional Accounts, and on
August 9, 1972, Petition for Sus-
pension of Real Estate Taxes by
Robert G. Ogaard was referred
to the City Council by Leo Ungs,
Administrator of Institutional Ac.
counts.
Each of the foregoing petitions
was referred to the City Attorney,
who reports thereon and recom-
mends approval by the City Coun.
cil of each of said petitions.
Section 427.8 of the 1971 Code
of Iowa provides in substance that
a person who by reason of age
of infirmity is unable to contri.
bute to the public revenue, may
file a sworn petition, with sup-
porting data, with the Board of
Supervisors, which may thereafter
order the County Treasurer to sus•
pend the collection of taxes for
the current year or the Board may
cancel and remit said taxes, pro-
vided that such petition shall have
first been approved by the City
Council.
In view of the foregoing and
in view that the Board of Super-
visors have examined and been
advised of the facts and in view
of the fact that the supporting
data clearly shows the eligibility
of the petitioner for relief, I re-
commend City Council approval to
each petition.
R. N. Russo
City Attorney
Councilman Bitter moved appro-
val of the recommendation and
directed Clerk to sign the appli-
cations. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
August 17, 1972
Honorable Mayor and
City Councilmen
Mr. Carl J. Danglemeyer filed
claim against the City of Dubu-
que claiming damages as a result
of seeping water from a service
line, and claiming damages there-
from in the amount of $438.80.
This claim was referred by the
City Attorney to the appropriate
city agency who has advised the
City the they have denied said
claim.
Accordingly, it is recommended
that said claim be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Bitter moved appro-
val of the recommendation. Se.
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays -- None.
Special Session, August 21, 1972 395
August 17, 1972
Honorable Mayor and
City Council
That John 13. Mayr filed a
claim against the City of Dubuque
claiming damages in the amount
of 5250.00, and this matter was
referred by the City Attorney who
%vas advised on June 23, 1972, that
it had settled said claim with the
claimant in the amount of $204.21.
Accordingly, said file should be
considered cloyed, and the original
claim is attached hereto.
R. N. Russo
City Attorney
Councilman Bitter moved appro-
val of the recommendation. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
Notice of claim of Thomas J.
Bardon, in the amount of $116.44,
for property damage incurred as
the resu't of a backed -up sanitary
sewer at 2845 White Street on Au-
gust 2, 1972, presented and read.
Mayor Moldenhauer moved that
the claim be referred to the City
Attorney for investigation and re-
port. Seconded by Councilman
Pregier. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
Notice of claim of Joseph P.
Hickey, a minor, by Frank Hickey
his father, for personal injuries
by said minor as the result of
a fall over a water hose in the
Town Clock Plaza area on June
26, 1972, presented and read. Ma-
yor Moldenhauer moved that the
claim be referred to the City At-
torney for investigation and re-
port, Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Declaratory Judgment
by St. Joseph Mercy Hospital of
Dubuque decreeing that Mercy
Hospital is entitled to the issuance
of a building permit for the con-
struction of an office building for
physicians and include an area
therein for the dispensing of drugs,
presented and read. Mayor Mol-
denhauer moved that the petition
be referred to the City Attorney
for proper action. Seconded by
Councilman Pregler. Carried by
the following vote:
Peas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Proof of Publication, certified to
by the Publisher, of Notice of time
and place to dispose of interest
in real estate, being a vacated
public street lying within portions
of Bethany Addn. & St. Francis
Sub. being described as Lot A
of 1 of 1 of Bethany Addn. Lot
A of 4 of St. Francis Sub., Lot
A of I of 1 of 3 of St. Francis
Sub ( except W.40' of N.1320') Lot
A of 1 of 2 of 1 of 3 of St.
Francis Sub, (except W.40' of N.
1320') Lot A of 2 of 3 of St.
Francis Sub. (except W.40' of N.
1320') all in Section 12, Thep 89
N. R. 2 E, 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 Bitter moved that the
proof of publication be received
and filed. Seconded by Council-
man Pregler. Carried by the fol-
lowing vote:
Yeas •— Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
ORDINANCE NO. 44-72
An Ordinance vacating the public
street which shall hereafter be sic
scribed and platted as Lot A of
Lot 1 of Lot 1 of Bethany Ad-
dition; Lot A of Lot 4 of St. Fran-
cis Subdivision; Lot A of Lot 1
of Lot 1 of Lot 3 of St. Francis
Subdivision (except the West 40
feet of the North 1,320 feet there.
of) ; Lot A of Lot 1 of Lot 2
of Lot 1 of Lot 3 of St. Francis
Subdivision (except the West 40
feet of the North 1,320 feet there-
of) ; Lot A of Lot 2 of Lot 3
of St. Francis Subdivision (except
the West 40 feet of the North
1,320 feet thereof), all in Section
12 Township 89 North, Range 2
East of the 5th P. M., being in
Dubuque Township, Dubuque Coun••
ty, Iowa, now in the City of Du-
i buque, Iowa, and which lies within
398 Special Session,
portions of Bethany Addition and
St. Francis Subdivisions in the City
of Dubuque, Iowa,
said Ordinance having been pre-
viously presented at the Council
meeting of July 17, 1972, presented
for final adoption.
WHEREAS, the Sisters of St. Fran-
cis and Mount Calvary Cemetery A
sociatlonhave petitioned the City
Council for the vacation of the street
described in the title hereof; and
WHEREAS, the Planning and Zonir.n
Commission of the City of Dubuque
Iowa, has recommended the vacation
of said street; and
WHEREAS, the City Council of City
of Dubuque, Iowa, determines tha:
said street should be vacated as it
no longer serves any public purpose
and the disposal thereof to the Petl-
tlQners should be approved.
NWJ THEREFORE BE IT ORDAIN
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the public street
Iying within portions of Bethmny Ad-
dition and St. Francis Subdivision in
the City of Dubuque, Iowa, which
shall hereafter be platted and d( --
scribed as follows:
Lot A of Lot 1 of Lot 1 of Bethany
Addition; Lot A of Lot 4 of St. Fran-
cis Subdivision; Lot A of Lot 1 o:
Lot 1 of Lot 3 of St. Francis Subdi-
vision (except the west 40 feet of
the north 1,320 feet thereof); Lot P
of Lot 1 of Lot 2 of Lot 1 of Lot 3
of St. Francis Subdivision (exeeut
the west 40 feet of the north 1,32"
feet thereof); Lot A of Lot 2 of Lot
3 of St. Francis Subdivision (except
the west 40 feet of the north 1,320
feet thereof), all In Section 12,
Township 89 North, Range 2 East
of the 5th P.M., being in Dubuque
Township, DubuQue County, Iowa,
now In the city of Dubuque, Iowa
be and the same is hereby vacated.
Section2. That the City Clerk be
and is hereby directed to Dublish no-
tice of intent to dispose of Interest in
real estate as is by law required.
Section 3. That the City Clerk i,
hereby directed to file a certified copy
of this ordinance In the Office of
County Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this
21st day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Prealer
Allan T. Thorns
C. Robert Jusimann
Joseph J. Bitter
ATTEST: Councilmen
Leo F. Frommelt
City Clerk
Published officially in The Telegraph -
Herald Newspaper thls 25th day of
August 1972.
Leo F. Frommelt
It. 8/25 City Clerk.
August 21, 1972
Councilman Bitter moved final
adoption of the Ordinance. Second-
ed by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Prelgler, Thorns.
Nays — None.
RESOLUTION NO. 269.72
WHEREAS, pursuant to Resolu-
tion of published notice of time
and place of hearing published in
the Telegraph -Herald a newspaper
of general circulation published in
the City of Dubuque, Iowa, on
July 21, 1972, and July 28, 1972,
City Council of City of Dubuque,
Iowa, met on the 21st day of Au-
gust, 1972, at 7:30 o'clock P.M.
(Central Daylight Time) in the City
Council Chamber, City Hall, Du-
buque, Iowa, to consider the pro-
posal to dispose of interest of the
City of Dubuque, Iowa to Sisters
of St. Francis of Dubuque County,
an Iowa Corporation, and Mount
Calvary Cemetery Association in
and to a public street lying within
portions of Bethany Addition and
St. Francis Subdivision in the City
of Dubuque, Iowa, which shall
hereafter be platted and described
as follows: Lot A of Lot 1 of
Lot 1 of Bethany Addition; Lot
A of Lot 4 of St. Francis Sub-
division; Lot A of Lot 1 of Lot
1 of Lot 3 of St. Francis Sub-
division (except the west 40 feet
of the north 1,320 feet thereof):
Lot A of Lot 1 of Lot 2 of Lot
1 of Lot 3 of St. Francis Sub-
division (except the west 40 feet
of the north 1,320 feet thereof);
Lot A of Lot 2 of Lot 3 of St.
Francis Subdivision (except the
west 40 feet of the north 1,320
feet thereof), all in Section 12,
Township 89 North, Range 2 East
of the 5th P.M., being in Dubu-
que Township, Dubuque County,
Iowa, now in the City of Dubu-
que, Iowa; and
WHEREAS, City Council of pu-
buque, Iowa, overruled any and
all objections, oral or written, to
the proposal to dispose of interest
of City of Dubuque, Iowa, in the
above described real estate to Sis-
ters of St. Francis of Dubuque
County, an Iowa Corporation, and
Mount Calvary Cemetery Associa-
tion;
Special Session, August 21, 197 397
NOW THEREFORE BE IT RE
SOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBU
QUE, IOWA:
Section 1. That the disposal of
interest of City of Dubuque, Iowa.
in mal estate to Sisters of St
Francis of Dubuque County, Iowa
in real estate to Sisters of St.
Francis of Dubuque County, an
Iowa Corporation, and Mount Cal
vary Cemetery Association cover.
ing the following described real
estate, to -wit:
A public street lying within por-
tions of Bethany Addition and
St. Francis Subdivision in the
City of Dubuque, Iowa, which
shall hereafter be platted and
described as follow: Lot A of
Lot 1 of Lot 1 of Bethany Ad-
dition; Lot A of Lot 4 of St.
Francis Subdivision; Lot A of
Lot 1 of Lot 1 of Lot 3 of St.
Francis Subdivision (except the
west 40 feet of the north 1,320
feet thereof); Lot A of Lot 1
of Lot 2 of Lot 1 of Lot 3 of
St. Francis Subdivision (except.
the west 40 feet of the north
1,320 feet thereof); Lot A of Lot
2 of Lot 3 of St. Francis Sub-
division ( except the west 40 feet
of the north 1,320 feet thereof);
all in Section 12, Township 89
North Range 2 East of the 5
P.M., being in Dubuque Town-
ship, Dubuque County, Iowa,
now in the Citv of Dubuque,
Iowa;
be and the same is hereby ap-
proved, and that no abstract will
he provided. Mayor and City Clerk
are hereby directed to execute said
deed on behalf of City of Dubuque.
Section 2. That the City Clerk
be and he is hereby authorized
and directed to deliver deed of
conveyance to Sisters of St. Fran-
cis, an Iowa Corporation, and
Mount Calvary Cemetery Associa-
tion upon receipt of payment of
550•00 and costs of publication.
Section 3. That the City Clerk
be and he is hereby authorized
and directed to record a certi.
fied copy of this Resolution in the
office of the Dubuque County Re-
corder.
Passed, approved and adopte(1
this 21st day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert. Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop.
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Communication of City Engineer
White recommending that permis-
sion be granted to Mr. Ronald
McDonald to install a special side-
walk and bird bath at 548 W.
7th Street, presented and read.
Councilman Bitter moved that the
communication be received a n d
filed. Seconded by Mayor Molden-
hauer. Carried by the followin
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
ORDINANCE NO. 50.72
An Ordinance authorizing Ronald
McDonald to construct sidewalk
and or bird bath located on Lot
18 Coriell's Dubuque, in the City
of Dubuque, Iowa.
presented and read.
Councilman Bitter moved that
the reading just had be consider-
ed the first reading of the Or-
dinance. Seconded by Mayor i11ol
denhauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, Thorns.
Nays — None.
Councilman Bitter moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Mayor
Moldenhauer. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays -- None.
Special Session, August 21, 1972
ORDINANCE No. wn
AN ORD114ANCE AUTHORIZING Ron-
ATTEST:
Leo F. Frommelt
aid osi
City Clerk.
18 Coriell's Dubuque in the City of
ACCEPTANCE OF ORDINANCE
Dubuque, Iowa.
No. 50.72
BE IT ORDAINED BY THE CITY
The undersigned having recd and
COUNCIL OF THE CITY OF DU-
being familiar with the terms and
bUQUE, IOWA:
conditions of Ordinance No. 50-72
Section 1. That Ronald McDonald
hereby, for themselves, their succes-
of s or assigns, as owners of :he abut•
as owner of the premises known as
548 West 7th Street In the City of
iing Property, accent the same and
agree to be bound by the conditions
Dubuque be, and he is hereby
and agreements therein contained tc
granted the revocable license and au-
be performed by permittees.
thority to constrGC1 and maintain a
sidewalk and/or bird beth, on Lot 18
Coriell's Dubuque, in the City of Du.
Dated Auoust 16, 1977
buque, Iowa, under the terms and con-
ditions set forth In this Ordinance.
By Ronald P. McDonald
Property Owner
Section 2. That such construction
shall be done in accordance with
Published officially in The Telegraph -
plans heretofore submitted by Permit-
Herald Newspaper this 25th day of
tees and approved by City Manager,
August 1972.
under the supervision and direction of
the City Manager, and In accordance
Leo F. Fromme.t
with all applicable state and federal
City Clerk.
laws and regulations, and the Ordi-
It. 6/25
nances of the City of Dubuque.
Section 3. That the permission here-
Councilman Bitter moved final
in granted is expressly conditioned on
permittees agreement to:
adoption of the Ordinance. Second -
a) Assume any and all liability for
ed b Mayor Moldenhauer. Car -
y y Car -
damages 10 Persons or properly
which may result from the ex-
istence, construction or mainten•
ante of said sidewalk and/or bird
bath;
Yeas — Mayor Moldenhauer,
b) To pay on behalf of the City of
Councilmen Bitter, Justmann.
Dubuque all sums which the City
of Dubuque shall become obli•
Pregler, Thoms.
gated to pay by reason of the lia-
bility imposed upon the City of
Nays — None.
y
Dubuque for damages of any
kind resulting from the existence,
construcllon or maintenance of
said Sidewalk and/or bird bath,
ORDINANCE NO. 51.71
sustained by any person or per -
6v
An Ordinance t0 regulate the pro -
tons, caused accident or
otherwise, to defend at Its own
duction, transportation, processing,
expense and on behalf of said
City any claim against the City
handling, sampling, examination,
of Dubuque arising out of the ex.
istence, construction or mainten-
grading, labeling, and sale of milk
ante of sidewalk and/or biro'
arid milk products, the inspection
bath;
c) To Indemnify and hold City o'
of dairy herds, dairy farms, and
Dubuque free and harmless from
any and all claims, loss, liability
milk lents, the ISSuIn end re -
p g
and expense for injuries to thin.,
vocation of permits to milk pro-
of rthird persons, or °or fo°r ciaam y
ducats, haulers, and. distributors;
to any property of City of Du-
buque which may occur as a re-
and the fixing of penalties,
suit of or in connection with the
presented and read.
construction, maintenance an,.
repair of the facility, work of
improvement permitted hem
Alayor Moldenhauer moved that
Section 4. That the permission
the reading just had he consider-
grarled Is expressly condition-
ed
ed upon permittees further agreement
ed the first reading of the Ordi-
that should the right and privilege
herein granted be rescinded or re-
nance. Seconded by Councilman
yoked the ClCouncil, permittees,
theirit
Pregler. Carried by the following
or successors in interest, as
uwners of the abutting property, shall
vote:
within thirty (30) days after receipt of
written notice from the City Manager,
so 10 do, at their own expense, re-
Yeas — Mayor Moldenhauer,
move said sidewalk and/or bird bath,
and in the event of their failure to '
Councilmen B i t t e r, Justmann,
do, the City of Dubuque shall be au•
thorized to remove said sidewalk and/
Pregler.
or bird bath, at Permittees expense
and dispose of the same, and the per.
shall have no claim ageinst
Nays — Councilman 'Moms.mlttees
y
the City or Its agents for damages
resulting from the removal of said
Mayor Moldenhauer moved that
sidewalk and/or bird bath.
Sectlon 5. This Ordinance shall be-
the rule requiring an Ordinance
Come effective and the rights hereun-
der
to be read on three separate days
accrue to Ronald McDonald when
this Ordinance has been adopted by
City Council and the terms and
17C waived. Seconded by Council -
conditions
conditions thereof accepted per
by acceptance endorsed on
man Pregler. Carried by the fol -
this Ordlnence.
Passed, adopted and approved this
lowing vote:
21st day of August, 1972.
Yeas — Mayor Moldenhauer,
Wayne A. Moldenhauer
Mayor
Councilmen B i t t e r, Justmann
Walter A. Pregler
Allan T. Thoms
Pregler.
C. Robert Justmann
Joseph J. Bitter
Councnmen
Nays — Councilman Thoms.
Special Session, August 21, 1972 399
ORDINANCE No. 51-72
AN ORDINANCE TO REGULATE
THE PRODUCTION, TRANSPORTA-
TION,SAMPLINGOCESSINEXAMINATIONN GRAD-
MILK AND MILK PRODUCTS, THE
INSPECTION OF DAIRY HERDS,
DAIRY FARMS, AND MILK PLANTS,
THE ISSUING AND REVOCATION
OF PERMITS TO MILK PRODUC.
ERS, HAULERS, AND DISTRIBU.
TORS- AND THE FIXING OF PEN-
ALTI9S,
THE CITY OF DUBUQUE ORDAINS:
Section 1. The production, f-anspor-
tation, processing, handling, sampling,
examination, grading, labeling, and
sale o1 all milk and milk products
sold for the ultimate consumption
within the City o1 DubuQue or IH
police lur,sdictron; the Inspection 01
dairy herds, dairy farms, and milk
plants; the issuing and revocation of
."_I" 10 milk producers, haulers,
and distributors shall be regulated in
accordance with The provisions of Part
II OI the Grade A Pasteurized Milk
Ordinance -1965 Recommendations of
the United States Public Health Ser-
vice, a certified COPY of which shall
be filed in the office of the City Clerk:
Provided, that Sections 9. 16, and 17
of said unabridged ordinance shall be
replaced, respectively by Sections 2, 3
and A below.
Section 2. From and after 12 months
from the date on which this Ordinance
Is adopted, only Grade A pasteurized
milk and milk products shall be sold
to the final consumer, or to restau.
rants, soda fountains, grocery stores,
or similar establishments: Provided,
thatin an emergency, the sale of Pas-
teurized milk and milk products
which have not been graded, or the
grade of which Is unknown, may be
authorized by the health authority; In
which case, such milk and milk pro-
ducts shall be labeled "ungraded."
Section 3. Any person who shall vio-
late any 01 the provisions of this Ordl.
nance shall be guilty of a misdemean-
or and, upon conviction thereof, shall
be punished by a fine of not more
than $100.0), and/or such persons may
be eniolnnd from continuing such vio-
lations. Each day upon wh;ch such
it violation occurs shall constitute a
separate violation.
Section 4. All ordinances and parts
of ordinances In conflict with this Or-
dinance, shall be repealed 12 months
after the adoption of this Ordinance,
at which time this Ordinance shall be
In full force and effect, as provided
by law.
Passed, approved and adopted this
21st day of August, 1972
Wayne A. Moldenhauer
Mayor
Weller A. Pregler
C. Robert Justmann
Joseph J. Bitter
ATTEST: Councilmen
Leo F. Frommelt
City Clerk
Published officially In The Telegraph -
Herald Newspaper this 25th day of
August 1972.
Leo F. Frommelf
I1, 6/Y5 City Clerk.
Mayor Moldenhauer moved final
adoption of the Ordinance. Second-
ed by Councilman Pregler. Car.
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler.
Nays — Councilman Thoms.
ORDINANCE NO. 52.72
An ordinance fixing and establish-
ing monthly permit fees to be paid
by every person, firm or corpora-
tion operating a milk plant and
bringing into or sending into or
receiving in the City of Dubuque,
Iowa, milk or milk products,
presented and read.
Mayor Moldenhauer moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Pre,gler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler.
Nays — Councilman Thoms.
.Mayor Moldenhauer moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council-
man Pregler. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler.
:Nays — Councilman Thoms
ORDINANCE NO. 52.72
AN ORDINANCE FIXING AND ES-
TABLISHING MONTHLY PERMIT
FEES TO BE PAID BY EVERY
PERSON, FIRM OR CORPORATION
OPERATING A MILK PLANT AND
BRINLANG INTO OR SENDING INTO
OR RECEIVING IN THE CITY OF
DUBUQUL, OWA, MILK OR MILK
PRODUCTS.
NOW TnEREFORE BE IT OR.
DAINED BY THE CITY COUNCIL
OF THc CITY OiL DUBUQUE, IOWA:
Section 1. Every person, firm or
corporation that operates a milk plant
and br.nus Into, sends into, or receives
in the LRv of Dubuque, Iowa, milk
or miik produus, as herein defined,
shall pay a monthly permit fee of 1.59
for each 100 pounds of such milk or
milk products. The City Health Officer
is hereby aulhorized to investigate the
accuracy of the permit fees Paid here-
under. On or before the 20th day of
each month, commencing wi-n the
2uth day of October, 1973, the per-
m,ttee shall file with the City Treas-
urer a statement showing amounts
of mi,k handled In the preceding
month together with its remittance for
the full amount due. An additional
l0 ., Penalty shall attach for failure
to pay such fees when due. Fa lure
to Pay the monthly permit fees when
due snall be good grounds for revoca-
tion or suspension of the Permit.
Any Person, firm or corporation
who shall have paid a fee to any
municipality which enforces standards
equivalent to the requirements of this
ordinance shall be entitled to a credit
against the perm:l fee established
herein ,n the amount so paid but not
to exceed I.5e per 100 pounds of such
milk or milk Products, Provided
however, that in order to be entitled
to such credit, the Permit holder shall
first exhibit satisfactory evidence of
Payment to such other municipality
and that such municipality extends
reciprocal credits against its fees for
amounts Pa,d to the City of Dubuque.
Section 2. That Ordinance No. 41.56
be and the same Is hereby repealed.
Pruseo, approved and adopted this
21st day of August, 1972.
Wne A. Moldenhauer
Uayor
Walter A. Pregler
C. Robert Justmann
Joseph J. Bitter
Councllmen
ATTEST:
Let F. Frommelt
Cltv Clerk
Published officially In The Tele -
of aAh-Heraldgust Newspaper thls 25th day
Leo F. Fromrnelt
City Clerk.
It. 6/25
400 Special Session, August 21, 1972
Mayor Moldenhauer moved final
adoption of the Ordinance. Second-
ed by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler.
Nays — Councilman Thoms.
RESOLUTION NO. 270.72
WHEREAS, City of Dubuque has
made application to the Iowa Sec-
retary of Agriculture for authority
to conduct milk inspection pro-
gram. ro-
gram.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the application
and agreement for authority to
conduct inspections, copy of which
is hereto attached, be and the same
is hereby approved.
Section 2. That the Mayor and
City Clerk be and they are hereby
authorized to execute said appli-
cation and agreement.
Passed, approved and adopted
this 21st day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler.
Nays — Councilman Thoms.
Petition of Robert A. Sullivan of
1320 Locust St. requesting rezoning
from present Multiple Residence
Classification to Business District
Classification, presented and read.
Councilman Pregler moved that
the petition be referred to the Plan-
ning & Zoning Commission for in-
vestigation and report. Seconded
by Councilman Bitter. Carried by
the: following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Henry Gerhard et al
(22 signatures) objecting to the
granting of a beer license to Phil's
Pizza ,because if would disturb the
peace and tranquility of the neigh.
borhood, presented and read. Coun.
cilman Pregler moved that the pe.
tit on be received and filed and
referred to the City Solicitor on
Phil Langas rezoning trip. Second-
ed by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t. t e r, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Gary Germaine et
al requesting permission to con-
duct an art fair in -the 1700 to
1800 block on Central Ave. on Sun-
day August 27th, presented and
read. Councilman Thoms moved
approval of the petition with re-
ferral to the Manager. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Peoples Natural Gas
requesting permission to excavate
on Lincoln Ave. behind the Holy
Trinity Church, to service a new
customer, presented and r e a d.
Councilman Pregler moved that
the petition be granted. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor :Moldenhauer.
Councllmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Peoples Natural Gas
requesting permission to excavate
on 2084 Avalon Road, to repair
a leaking gas service, presented
and read. Councilman Pregler
moved that the petition be granted.
Seconded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Kenny Rehabilitation
Institute requesting permission to
conduct their annual door-to-door
fund drive, preferably in Novem-
ber, presented and read. Council-
man Bitter moved that the petition
be referred to the City Manager
for his approval and coordination.
Seconded by Councilman J u s t -
mann. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Special Session, August 21, 1972
Councilmen B i t. t e r, Justmann.
Pregler, Thoms.
Nays — None.
Petition of. Jaycees Inc. request-
ing a refund of $225. on the un-
expired portion of beer license No.
2,,;g4, presented and read. Council-
man Bitter moved that the refund
be granted and the Auditor issue
proper warrant. Seconded by Ma-
yor Nloldenhauer. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
August 15, 1972
To the Honorable Mayor
and City Council
This is to advise you that the
Rockdale Road Water Main Exten-
sion has been completed substan-
tially in accordance with plans and
specifications by M. F. Goerdt Con-
struction Company of Dubuque, Io-
wa.
I recommend that the Rockdale
Road Water Extension and work
incidental thereto constructed by
the M. F. Goerdt Construction
Company of Dubuque., Iowa in and
for the City of Dubuque, Iowa be
approved and accepted.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the recommendation be approved.
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bi t t e r, Pregler,
Thoms.
Nays — Councilman Justmann.
FINAL ESTIMATE
RESOLUTION NO. 271.72
WHEREAS, the contract for the
ROCKDALE ROAD WATER MAIN
EXTENSION has been completed
and the City Engineer has sub-
mitted his final estimate showing
the cost thereof including the cost
of estimates, notices, inspection,
and preparing the assesment and
p:at, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$185,035.54.
That none of the cost thereof
shall be assessable upon private
property and $185,035.54 shall be
paid from the Waterworks Gene -
401
ral Fund of the City of Dubuque.
Passed, adopted and approved
this 21st day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved that
the resolution be adopted. Second-
ed by Councilman Bitter. Carried
by the following vote:
Yeas — Meyor Moldenhauer,
Councilmen Bitter, Pregler,
Thoms.
Nays — Councilman Justmann.
(A Resolution Accepting
Improvement)
RESOLUTION NO. 272.72
WHEREAS, the contract for the
ROCKDALE ROAD WATER MAIN
EXTENSION has been completed
and the City Manager has examin-
ed the work and filed his certifi-
cate stating that the same has
been completed according to the
t:rms of the contract, plans and
specifications and recommends its
acceptance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and
that said improvement be and the
game is hereby accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer be and
he is hereby directed to pay to
the contractor from the Water-
works General Fund upon the
above described improvement. in
amount equal to the amount of
his contract, less any retained per-
centage provided for therein.
Passed, adopted and approved
this 21st day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
Joseph J. Bitter
Councilmen
.Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
402 Special Session, August 21, 1972
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Pregler,
Thoms.
Nays — Councilman Justmann.
Proof of Publication, certified to
by the Publishers, of Notice of
Special levy of Special Assessment
and Intention of the Council to
issue bonds to pay for construc-
tion of John F. Kennedy Road
sanitary sewer from Spring Val.
ley Road North—East Side, pre-
sented and read. Councilman Preg
ler moved that the proof of pub-
lication be received and filed. Se-
conded by Councilman Thoms. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Statement of City Clerk certify-
ing that notices of levy were mail-
ed to property owners subject to
assessment to pay for cost of con.
structing John F. Kennedy Road
Sanitary sewer from Spring Valley
Road North—east side, on July
19, 1972, presented and read. Coun.
cilman Pregler moved that the
statement be received and filed.
Seconded by Councilman Thoms.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Statement of John F. Runde, a
member of the Engineering De-
partment, certifying that notices
of levy and public hearing were
posted in the assessable area of
J.F.K. Road Sanitary Sewer from
Spring Valley Road North — east
side, on July 26, 1972, presented
and read. Councilman Pregler
moved that the statement be re.
ceived and filed. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 273-72
SCHEDULE OF ASSESSMENTS
RESOLVED by the City Council
of the City of Dubuque, Iowa: That
to pay for construction of John
F. Kennedy Road Sanitary Sewer,
North of Spring Valley Road —
East Side, by Tschiggfrie Exca-
vating. Contractor in front of and
adjoining the same, a special tax
be and is hereby levied on the
several lots, and parts of lots and
parcels of real estate all as named,
situated and owned, and for the
several amounts set opposite each
lot or parcel of real estate, as
set forth in the following schedule:
John F. Kennedy Road Sanitary
Sewer — East Side, North of
Spring Valley Road — 1971.
Clarence E. Thompson, 2-8, N.E.
Y4 -Section T. 89N R2E of 5th P.M.
$1,298.28.
William John & Margaret .Aird,
2-1-8, N.E. 1/4 -Section T. 89N R2E
of 5th P.M., $1,134.32.
William John & Margaret Aird,
2-1-1-8, N.E. V4Section T. 89N R2E
of 5th P.M., $751.73.
Jullius & Lorraine Bonz, 1.
Brueck Subdivision, $954.83.
John J. & Pearl F. Kohnen, 2,
Brueck Subdivision, $954.83.
John J. & Pearl F. Kohnen, 3
Brueck Subdivision, $954.83.
John J. & Pearl F. Kohnen, 4,
Brueck Subdivision, $954.83.
Total $7,003.65.
8" Vitrified Tile Sewer Pipe 608
Lin. ft. at $5.30, $3,217.10.
8" x 6" Wye Branches 4 No.
of at $11.00, $44.W.
Concrete Manholes, Complete, Ht
in ft. of Sidewall 37.23 lin. ft. at
$25.00, $930.75.
Concrete Manholes, Bases, Com-
plete 4 No. of at $60.00, $240,00.
Manholes, Complete, Rings and
Covers 4 No. of at $55.00, $220.00.
3" Hot Mix Street Patch 38.53
Sq. yd. at $12.00, $462.36.
9/4" Base Stone (6" Driveways,
10" Street) 235.8 Tons at $3.50,
$825.30.
Sod in Place 778.5 Sq. yd. at
$1,00, 778.50.
Construction Cost $6,718.01.
Engineering & Inspection $588.82.
5% - 52 days $48.52.
PROJECT COST $7,355.35.
City Share $351.70.
ASSESSABLE $7,003.65.
City Share
8" VTP, 40 Lin. ft. at $5.30, $201.20.
1/4" Base Stone, 43 Tons at $3.50,
$150.50.
Total $351.70.
ALL OF WHICH 1S ASSESSED
1N PROPORTION TO THE SPE-
CIAL BENEFITS CONFERRED.
Special Session, August 21, 1972 403
Passed, adopted and approved
this 21st day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
i.eo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Secoi,ded
by Councilman Thoms. Carried by
the following vote:
Yeas - Mayor Moldenhauer,
Councilmen B i t I. a r, Justmann,
Pregler, Thorns.
Nays - None.
Proof of Publication, certified to
by the Publisher, of Notice of hear-
ing to authorize the issuance of
sewer bonds in the amount of
$7,003.6.5 to pay for cost of con-
structing John F. Kennedy Road
Sanitary Sewer from Spring Val-
ley Road North - east side, pre-
sented and read.
Councilman Pregler moved that
the proof of publication be received
and filed. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
'.Nays - None.
RESOLUTION NO. 274-72
Resolution providing for the is-
suance of Sewer Bonds for the
purpose of providing for the pay-
ment of the assessed cost of John
F. Kennedy Road Sanitary Sewer
- east side, north of Spring Val-
ley Road - 1971
Whereas the contract heretofore
entered into by the City of Du-
buque, Iowa, for the improvements
hereinafter described has been
completed and the City Manager
has certified the completion there-
of to the City Council and the
City Council has ascertained the
cost thereof and has determined
that $7,003.65 Dollars of the cost
thereof shall be assessed against
the property subject to assessment
therefore; and
Whereas public notice, as pro-
vided by law, has been published
by the City Clerk stating the in-
tention of the City Council to is-
sue bonds for the purpose of pro-
t1ding for the payment of the as.
sessed cost of said improvement
and a public hearing has been
held, pursuant to such notice and
all objections made thereto have
been considered and determined;
NOW THEREFORE BE IT RE.
SOLVED by the City Council of
the City of Dubuque:
1. That to provide for the pay.
ment of the assessed cost of John
F. Kennedy Sanitary Sewer - East
Side, North of Spring Valley Road
- 1971 there shall be issued se.
wer bonds in the amount of $7,000
Dollars in anticipation of the de-
ferred payment of assessments le-
vied for such improvement..
2. Such bonds shall be called
sewer bonds; and shall bear the
date of September 21, 1972; and
shall be numbered consecutively;
and they shall be numbered, di-
vided into series, and be in such
denominations and for such ma-
turity dates as are shown in the
following table:
Series No. 1, Bond No. 1-2, De.
nomination $500.00. Maturity April
1, 1972.
Series No. 2, Bond No. 34, De-
nomination $500.00, Maturity April
1, 1973.
Series No. 3, Bond No. 5-6, De-
nomination $500.00, Maturity April
1, 1974.
Series No. 4, Bond No. 7-8, De-
nomination $500.00, Maturity April
1, 1975.
Series No. 5, Bond No. 9, De-
nomination $500.00, Maturity April
1, 1976.
Series No. 6, Bond No. 10, De-
nomination $500.00, Maturity April
1, 1977.
Series No. 7, Bond No. 11, De
nomination $500.00, Maturity April
1, 1978.
Series No. 8, Bond No. 12, De.
nomination $500.00, Maturity April
1, 1979.
Series No. 9, Bond No. 13, De-
nomination $500-00, Maturity April
1, 1980.
Series No. 10, Bond No. 14, De-
nomination $500.00, Maturity April
1, 1981.
3. Said bonds shall bear interest
at the rate of six per cent per
annum, payable annually in accor-
dance with coupons thereto at-
tached:
4. Said bonds shall not make
the City of Dubuque liable in any
Special Session, August 21, 1972
way, except for the application
of said special assessment funds.
5. Said bonds shall provide that
they may be payable at any time
prior to the maturity date stated
therein at the option of the City
of Dubuque and shall be in substan•
tially the following form:
No. ..................
Series No.
CITY OF DUBUQUE
Sewer Bond
The City of Dubuque in the State
of Iowa promises to pay as here-
inafter mentioned to the bearer
hereof, the sum of five hundred
dollars with interest thereon at
the rate of six per cent per annum
payable annually, on the p esenta-
tion and surrender of the interest
coupons hereto attached. Both prin-
cipal and interest of this bond
are payable at the office of the
City Treasurer in the City of Du-
buque, in the State of Iowa. This
bond is issued by the City of Du-
buque under and by virtue of Chap-
ter 396 of the 1954 Code of Iowa,
as amended, and the Resolution
of said City duly passed on the
21st day of August, 1972, being
Resolution No. 274-72.
This Bond is one of a series
of 14 bonds, all for $500.00 num-
bered from 1 through 14, all of
like tenor and date, and issued
for the purpose of providing for
tate deferred payment of assess-
ments levied for the John F. Ken-
nedy Road Sanitary Sewer, East
Side, North of Spring Valley Road,
1971. as described in said Resolu-
tion, in said City, which cost is
payable by the abutting and ad-
jacent property along said im-
provements and is made by law
a lien on all of said property.
It is payable only out of the Special
Assessment Fund 1292 created by
the collection of said special tax,
and said fund can be used for
no other purpose.
It is hereby certified and recited
that all the acts, conditions and
things required to be done, pre-
cedent to and in issuing this series
of bonds, have been done, happen-
ed, and performed, in regular and
due form, as required by law and
said Resolution, and for the as.
sessment, collection and payment
hereon of said special tax, the
full faith and diligence of said
City of Dubuque are hereby irrevn-
cably pledged.
IN TESTIMONY WHEREOF the
City of Dubuque by its Council
has caused this bond to be signed
by its Mayor and countersigned
by its City Clerk and the Seal
of said City to be thereto affixed,
this 21st day of August, 1972.
Mayor
City Clerk
( Form of Coupon)
On the day of
the City of Dubuque, Iowa, pro-
mises to pay to tate bearer, as
provided in said bond, the sum
Dollars, in the office
of the City Treasurer in the City
of Dubuque, being months'
interest due that date on its
Bond No. dated
Mayor
City Clerk
6. That the Mayor and City Clerk
be and they are hereby instructed
to cause said bonds to be pre-
pared and when so prepared to
execute said bonds and the City
Clerk be and he is hereby in-
structed to register said bonds in
a book kept for that purpose and
to then deliver thein to the City
Treasurer.
7. That the City Treasurer is
hereby instructed to sell said bonds
in the manner provided by law,
the proceeds of said sale to be
placed in a special fund to be
known as Special Assessment Fund
1292 and paid out by him to pay
the cost of said contract.
8. That the interest coupons at-
tached to the bonds be signed with
the facsimile signature of the Ma-
yor and countersigned with the
facsimile signature of the City
Clerk.
9. That as fast as funds allow,
beginning with the second year
after the payment of interest due,
these ibonds shall be called and
rehired in the same order as nuan-
bered. The notice of election to
call these bonds shall be given
by regular United States Mail ad-
dressed to the last known address
of the purchaser.
Special Session, August 21, 1972 40.5
10. Passed, adopted and approv.
ed this 21st day of August, 1972,
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. From melt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
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 speci-
fications, form of contract and cost
of improvements, for Contract 11
Section 1 Waterworks Moderniza-
tion 1972 IND -WS -IOWA -99, pre-
sented 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.
Mayor Moldenhauer moved that
the proof of publication be re.
ceived and filed. Seconded by
Councilman Bitter. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
AX& — 1Rsf4Krx YA"MA Y'
JCilomfldDllseff XIX1KfJtRY. ]i0LS2QSItDDA.
aE'ItAX1Y, >•.7R1AjAJ (
U.fCy .X_X X4i&
( Necessity for Improvement)
RESOLUTION NO. 248-72
M-LEREAS, proposed plans, spe.
cifications, form of contract have
been duly prepared and approved
by the City Council of the City
of Dubuque and are now on file
in the office of the City Clerk
showing among other things the
following:
1. An estimate of the cost of
the proposed improvement for
CONTRACT LI SECTION I
WATERWORKS
MODERNIZATION 1972
HUD -WS -IOWA -99
BE IT THREFORE RFSOIX-
ED that the City Council on its
own motion or upon petition of
property owners, deems it advis-
able and necessary for the public
welfare to made the hereinmen-
tioned improvement, and unless
property owners at the time of
the final consideration of this pro-
posed resolution have on file with
the City Clerk objections to the
amount of the cost of improve-
ment, they small be deemed to
have waived all objections .thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid from the Wa-
terworks General Fund and a Fe-
deral Grana.
The above resolution was intro-
duced. approved, and ordered
placed on file with the City Clerk
this 7th day of August, 1972.
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
21st day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Aatest:
I.eo F. Frommelt
City Clerk
Mayor Moldenhauer moved fi-
nal adoption of the resolution. Se-
conded by Councilman Bitter. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Decision of Council upon obiec-
tions to plans, specifications, form
of contract and cost of Improve-
ments.
RESOLUTION NO. 275.72
WHEREAS, proposed plans and
specifications and form of contract
for the WATERWORKS MODERN-
IZATION CONTRACT I1 SECl'ION
1 have been approved by the City
406 Special Session. August 21, 1972
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 plan,,
specifications or contract for or
cost of such improvements, said
Gme being this 21 day of Aul;ust,
1972; and
WHEREAS, the City Council met
in regular session this 21 day c"
August, 1972, at 7:30 o'clock P.M.
at the Council Chambers in the
City Hall for the purpose of hearing
all interested parties and consider-
ing any and all objections which
have been filed to the propose(
plans, specifications or contract for
or cost of the improvement herein
described and proposed 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.
Passed, adopted and approved
this 21st day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Moldenhauer moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeai, — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
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 spec;.
fications, form of contract and cost
of improvements for Contract Il—
Section 2, West 32nd Street Sec-
tion 3, Park Hill—Section 4, High-
way *20 Waterworks Improvement
Feeder Main Extension HUD -WS -
IOWA -99, project, presented and
read. No written objections were
filed and no oral objectors were
present in the Council Chambe
at the time set for the public
hearing. Councilman Pregler mov
ed that the proof of publication
be received and filed. Second -d
by Councilman Thoms. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
(Necessity for Improvement)
RESOLUTION NO. 2S2-72
WHEREAS, proposed plans, spe-
cifications, form of contract have
been duly prepared and approved
by the City Council of the City
of Dubuque and are now on file
in the office of the City Clerk
showing among other things the
following:
1. An estimate of the cost of
the proposed improvements for
CONTRACT 11
SECTION 2—WEST 32ND STREET
SECTION 3—PARK HILL
SECTION 4 -HIGHWAY *20
WATERWORKS
IMPROVEMENT -1972
FEEDER MAIN EXTENSION
HUD -WS -IOWA -99
BE I'T THEREFORE RESOLV-
ED that the City Council on its
own motion or upon petition of
property owners, deems it advis
able and necessary for the public
welfare to make the hereinmen
tioned improvement, and unless
property owners at the time of
the final consideration of this pro-
posed resolution have on file with
the City Clerk objections to the
amount of the cost of improve
ment, they shall be deemed to
have waived all objections there -til.
Said improvement shall be con-
Special Session, August 21, 1972 40
strutted and done in accordanc-
with the plans and specifications
which have been prepared there
fore by the City Engineer which
have been approved by the Ci,
Council and are now on file with
the City Clerk. That the cost an '
expense of making said improve-
ment will be paid from the Wa
terworks General Fund and a Fe-
deral Grant.
The above resolution was intro-
xluced, approved, and order•.•
placed on file with the City Clerk
this 7th day of Auguust, 1972.
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
21st day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
Joseph J. Bitter
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved fi-
nal adoption of the resolution. Se-
conded by Councilman Thoms. Car•
ried by the following vote:
Peas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Decision of Council upon objet-
tions to plans, specifications, form
of contract and cost of improve.
ments.
RESOLUTION NO. 276-72
WHEREAS, proposed plans and
specifications and form of contract
for the FEEDER MAIN EXTEN-
SIONS CON'I,RACT 11, Section 2,
West 32nd Street, Section 3, Park
Hill, Section 4, Highway *20 have
been approved by the City Council
of the City of Dubuque and public
notice given as provided by Chap-
ter 23 of the Code of Iowa, 1971
pertaining to public contracts and
bonds, and the time and place
fixed for the hearing of all ob-
jections to said plans, specifica-
tions or contract for or cost of
such improvements, said time be.
ing this 21 day of August, 1972;
and
WHEREAS, the City Council met
in regular session this 21 day of
August, 1972, at 7:30 o'clock P.M.
at the Council Chambers in the
City Hall for the purpose of hear.
ing all interested parties and con-
sidering 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
RE IT RESOLVED by the City
Council of the City of Dubuque,
that all objection, which have been
made and filed to the plans, spe-
cifications, 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.
Passed, adopted and approved
this 21st day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
Citv Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thorns. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
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
cificatiuns, form of contract and
cost of improvements for Contract
1 Center Grove valley Sanitary
408 Special Session, August 21, 1972
Interceptor Sewer 1972 HUD -WS -
IOWA -99, project, 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 mov-
ed that the proof of publication
he received and filed. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t .t a r, Pregler,
Thorns.
Nays — Councilman Justmann.
(Necessity for Improvement)
RESOLUTION NO. 256.72
WHEREAS, proposed plans. spe-
cifications, form of contract have
been duly prepared and approved
by the City Council of the City
of Dubuque and are now on file
in the office of the City Clerk
showing among other things the
following:
1. An estimate of the cost of
the proposed improvement for
CONTRACT NO. I
CENTER GROVE VALLEY
SANITARY INTERCEPTOR
SEWER 1972
HUD -WS -IOWA -99
BE IT THEREFORE RESOLV-
ED that the City Council on its
own motion or upon petition of
property owners, deems it advis-
able and necessary for the public
welfare to make the hereinmen.
tioned improvement, and unless
property owners at the time of
the final consideration of this pro-
posed resolution have on file with
the City Clerk objections to the
amount of the cost of improve-
ment, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve.
ment will be paid from the Sani.
tation Sewage Rental Fund and
a Federal Grant.
The above resolution was intro-
duced, approved, and ordered
placed on file with the City Clerk
this 7th day of August, 1972.
Approved and placed on file for
final acus-:
RECORD OF FINAL ADOPTION
The foregoing resolution was fi.
nally passed and adopted, as pro.
posed, by the City Council this
21st day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
Joseph J. Bitter
Councilmen
Attest:
I.eo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t. t e r, Pregler.
Thorns.
Nays — Councilman Justmann.
Decision of Council upon objections
to plans, specifications, form of
contract and cost of improvements
RESOLUTION NO. 277-72
WHEREAS, proposed plans and
specifications and form of contract
for the CONTRACT NO. I CENTER
GROVE VALLEY SANITARY IN -
INTERCEPTOR SEWER - 1972 -
HUD PROJECT NUMBER WS -I0 -
WA -99 have been approved by the
City Council of the City of Du-
buque and public notice given as
provided 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 21 day of August,
1972; and
WHEREAS, the City Council met
in regular session this 21 day of
August, 1972, at 7:30 o'clock P.M.
at the Council Chambers in the
City Hall for the purpose of hear-
ing all interseted parties and con-
sidering 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
Special Session, August 21, 1972 411)
made and filed to the plans, spoci.
fications, contract for or cost of
said improvement herein described
and proposed to be made, be ani
the same hereby overruled and
such plans, specifications and form
of contract heretofore approved arc
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.
Passed, adopted and approved
this 21st day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor lltoldenhauer,
Councilmen Bitter, Pregler,
Thoms.
Nays — Councilman Justmann.
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-
cifications, form of contract and
cost of improvements for Phase
11 Waste Water Treatment Facili.
ties Contract II, consisting of dome
type covers on existing trickling
filters ,and primary clarifiers, a
building structure over the grit
and grease basin, complete odor
control system and required ven-
tilation modifications, site precon-
solidation and required now mea.
suring and sampling devices pro-
ject, presented and read.
No written objections were filed
and no oral objectors were pre-
sent in the Council Chamber at
the time set for the hearing.
Councilman Pregler moved that
the proof of publication be re-
ceived and file -d. Seconded by
Councilman Thoms- Carried by the
following vote:
Yeas -- Mayor Moldenhauer,
Councilmen Bitter, Just.mann.
Pregler, Thoms.
Nays — None.
COUNCIL RECESSED AT 10:28
P.M. RECONVENED AT 10:35 P.
M. Mrs. Heidenreich and Mrs. Har-
tig spoke to the Council by making
inquiry and looking for proof whe-
ther or not the cover over the
filter beds at the Wastewater
Treatment Plant will work, as to
odor.
(Necessity for Improvement)
RESOLUTION NO. 260-72
WHEREAS, .proposed plans, spe-
cifications, form of contract have
been duly prepared and approved
by the City Council of the City
of Dubuque and are now on file
in the office of the City Clerk
showing among other things the
following:
1. An estimate of the cost of
the proposed improvement for
PRASE II
WASTE WATER
TREATMENT FACILITIES
CONTRACT II
This contract consists of dome
type covers on existing trickling
filters and primary clarifiers, a
building structure over the grit
and grease basin, complete odor
control system and required ven-
tilation modifications, site precon-
solidation, and required flow mea-
suring and sampling devices.
BE IT THEREFORE RESOLV-
ED that the City Council on its
own motion or upon petition of
property owners, deems it advis-
able and necessary for the public
welfare to make the hereinmention-
ed improvement, and unless pro-
perty owners at the time of the
final consideration of this proposed
resolution have on file with the
City Clerk objections to the amount
of the cost of improvement, they
shall be deemed to have waived
all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid from the San.
itation Sewage Rental Fund and
a Federal -State Grant.
The above resolution was intro-
410 Special Session, August 21, 1972
duced, approved, and ordered
placed on file with the City Clerk
this 7th day of August, 1972.
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
21st day of August 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved final
adoption of the resolution. Second-
ed by Councilman Thorns. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Decision of Council upon objec-
tions to plans, specifications, form
of contract and cost of improve.
ments.
RESOLUTION NO. 278.72
WHEREAS, proposed plans and
specifications and form of contract
for the WASTE WATER TREAT-
MENT FACILITIES PHASE 11
TREATMENT PLANT have been
approved by the City Council of
the City of Dubuque and public
notice given as provided by Chap-
ter 23 of the Code of Iowa, 1971
pertaining to public contracts and
bonds, and the time and place
fixed for the hearing of all ob-
jections to said plans, specifica.
tions or contract for or cost of
such imp ovement.s, said time be.
ing this 21 day of August 1972;
and
WHEREAS, the City Council met
in regular session this 21 day of
August, 1972, at 7:30 o'clock P.M.
at the Council Chambers in the
City Hall for the purpose of hearing
all interested parties and consi.
dering any and all objections which
have been filed to the proposed
plans, specifications or contract for
or cost of the improvement herein
described and proposed to be
made; and
WHEREAS, all interested par-
ties 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, spe•
cificatiomm, 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.
Passed, adopted and approved
this 21st day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen.
Attest:
Leo F. Frommelt
Councilman Pregler moved adop-
tions of the resolution. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 279.72
AMENDING RESOLUTION
NO. 274-70
WHEREAS, under date of Sep-
tember 8, 1970, the City Council
of the City of Dubuque adopted
Resolution No. 274-70 approving the
plat of Lot 1 of Block 4, Lot 1
of Block 5, and Lot 2 of Block
5, each in Dubuque Downtown Pla-
za in the City of Dubuque; and
Whereas, the third WHEREAS
clause of the said Resolution con-
tained a reference to an incorrect
City Lot number; now therefore
BE IT RESOLVED BY THE CI-
TY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
SECTION 1. That that portion
of the third WHEREAS clause
which reads
11. . . . being comprised of I.ot
Special Session, August 21, 1972 411
2 of City Lot 224, City Lot 224A, 1
City Lot 244B,
is hereby amended to read
being comprised of Lot
2 of City Lot 224, City Lot 224A,
City Lot 224B, . . . . ..
Passed, approved and adopted
this 21st day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 280-72
Authorizing the execution and de-
livery of deed to Franchise Real-
ty Interstate Corporation for sale
of land in the Downtown Urbar.
Renewal Project, Iowa R-15
WIiEREAS under date of August
21, 1972, the City of Dubuque and
Franchise Realty Interstate Cor-
poration entered into a Contract
for the Sale of Land in the Down-
town Urban Renewal Project, Iowa
R-15, for private redevelopment;
and
WHEREAS, Franchise Realty In-
terstate Corporation has complied
with the conditions of said Con-
tract and has requested the City
of Dubuque to execute and deliver
a Deed for the land described here-
in below; now therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section 1. That the Mayor and
City Clerk are hereby authorized
and directed to execute a Deed
to Franchise Realty Interstate Cor-
poration for the sale of Disposition
Parcel 2 and the Northerly 43 feet
of Disposition Parcel 6 in Block
2 in the Downtown urban Renewal
Project, lows R-15, legally describ-
ed as Lot 2 of Block 4 and the
Northerly 43 feet of Lot 1 of Block
5 in Dubuque Downtown Plaza in
the City of Dubuque, Iowa, contain-
ing 29,768.101 square feet.
Stetson 2. That the Director of
the Department of Urban Renewal
is hereby authorized and directed
to deliver said Deed to Franchise
Realty Interstate Corporation upon
receipt M the purchase price of
$74,420.25 on the basis of $2.50 per
gsuare foot.
Passed, approved and adopted
this 21st day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 281.72
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Cig-
arettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
David C. Schmitz, 504 Bluff Street
BE IT FURTHER RESOLVED
that the bonds filed with the appli-
cation be approved.
Passed, adopted and approved
this 21st day of August, 1972,
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays -- None.
RESOLUTION NO. 282.72
WHEREAS, applications for Beer
permits have been submitted to
412 Special Session,
this Council for approval and the
same have been examined; NOW
TI-LEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following applica-
tions be granted and permits is-
sued upon the compliance with the
terms of the ordinances of the
City.
CLASS "B" BEER PERMIT
William L. McDonough, Riverside
Softball Field
CLASS "C" BEER PERMIT
Great Atlantic & Pacific Tea Co,
Inc., 3333 Asbury Street
Randall's International. 2600 Dodge
Street Plaza 20
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
I.eo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 283.72
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 "B" BEER PERMIT
Wiliam L. McDonough, Riverside
Softball Field
CLASS "C" BEER PERMIT
Great Atlantic & Pacific Tea Co.,
Inc., 33:3.3 Asbury Street
Randall's International, 2600 Dodge
Street Plaza 20
BE IT FURTHER RESOLVED
that the bonds filed by such ap-
August 21, 1972
plicants be and the same are here.
by approved.
Passed, adopted and approved
this 21st day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 284-72
WHEREAS, applications for Li-
quor licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and licenses issued upon the
compliance with the terms of the
IOWA LIQUOR CONTROL ACT—
CHAPTER 131—as amended by the
64th General Assembly. 1971.
CLASS "C" (COMBINATION)
BEER & LIQUOR LICENSE
David C. Schmitz, 504 Bluff Street
American Veterans W`W II -Korea,
Vietnam, 36 East 4th Street
Passed, adopted and approved
this 21st day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Special Session, August 21. 1972 413
RESOLUTION NO. M-72
WHEREAS, applications for Li-
quor licenses were filed by the
within named applicants and they
have received the approval of this
council, and
WIIERF,AS, the premises to be
occupied by such applicants were
inspected and found to comply with
the State Law and all City or-
dinances 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 ap-
plicants a Liquor license.
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
David C. Schmitz, 504 Bluff Street
American Veterans WW II -Korea-
Vietnam, 36 East 4th Street
Passed, adopted and approved
this 21st day of August, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer„
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
There being no further business
Councilman Bitter moved to ad-
journ. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Leo F. Frommelt
city Clerk
Approved December 18 1972
Adopted December 18 1972
Special Session, August 23, 1972
CITY COUNCIL
OFFICIAL
Special Session, August 23, 1972.
Council mte at 4:60 P.M. (D.S.
T.)
Present — Mayor Moldenhauer,
C,uncilmen Bitter, Pregler, City
Manager Gilbert D. Chavenelle.
Absent — Councilmen Justmann,
Thoms.
Mayor Moldenhauer read the call
and stated that service th.reof had
been du y made and this meeting
is called for the PURPOSE OF
CONDUCTING A CANVASS AND
DECLARING THE RESULTS OF
A SPECIAL ELECTION ON A
JOINT COUNTY -CITY LAW EN-
FORCEMENT CENTER BUILD-
ING BOND PROPOSITION and
acting upon such other business
as may properly come before a
regular meeting of the Council.
Proof of Publication, certified to
by the Publisher, of Mayor's Pro-
clamation and notice of Election,
to issue bonds in the amount of
$25,006 to construct County -City
Law Enforcement Center, present-
ed and read. Councilman Bitter
moved that the proof of publica.
tion be received and filed. Second-
ed by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Pregler.
Absent — Councilmen Justmann,
Thoms.
Nays — None.
Proof of Publication, certified to
!:y the Publisher, of sample ballot
to be voted upon at a Special
Municipal Election on August 22,
1972, presented and read. Council.
man Bitter moved that the proof
of publication be received and
filed. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Pregler.
Absent — Councilmen Justmann,
Thoms.
Nays — None.
RESOLUTION NO. 286.72
RESOLUTION canvassing and de-
claring the results of a special
election on a Joint County -City Law
Enforcement Center Building bond
proposition.
W11KREAS this City Council did
heretofore, at duly convened meet.
ings held on July 24, 1972, and
July 31, 1972, ca11 a special elee.
tion to :be held in and for the
City of Dubuque, Iowa, on August
22, 1972, and ordered that Cher
be submitted to the qualified elec-
tors of said City at said eleciix;
the following proposition:
Shall the City of Dubuque, Icwn,
issue bonds in the sum of $206,060
to pay its portion of the cost
of constructing a building to be
jointly acquired, constructed,
used and occupied by Dubuque
County, Iowa, and by the City
of Dubuque, Iowa, for county
and city law enforcement pui -
poses?
and
WHEREAS the election on said
proposition was duly and lega1y
held on said date and the Judges
and Clerks of said election have
filed their returns, which have been
duly examined and verified; and
WHEREAS the County Commis-
sioner of Elections has filed with
this Council a copy of his Report
on the results of said election,
which Report has been duly exa-
mined and verified;
V: W, THEREFORE, Be I4 and
It is Hereby Resolved by the City
Council of the City of Dubuque,
Iowa, as follows:
Section 1. That it is hereby
found, determined and declared
that the election on the proposi-
tion referred to in the preamble
hereof was favorable thereto; that
the total number of affirmative
votes on said proposition at said
election was equal to or more than
sixty per cent W%) of the total
votes number of votes cast for
and against said proposition at said
election, and said proposition is
hereby declared carried.
Section 2. That a record of the
votes cast by precincts on said
proposition is hereby made as fo'.-
lows:
Blank
r
Deter
Precincts Yes No tive
First 288 98 1
Second 252 57 16
Third 248 117 1
Fourth 4.55 119 4
Fifth 223 84 0
Sixth 207 71 4
Seventh 197 54 2
Eighth 271 63 0
Ninth 189 55 6
Special Session, August 23, 1972 .115
Tenth
342
60 5
Eleventh
393
99 ()
Twelfth
406
70 2
Thirt.^enth
440
132 3
Fourteenth
3.'i0
87 1
Fifteenth
345
87 2
Sixteenth
334
110 3
Seventeenth
524
105 0
Eighteenth
302
73 2
.nineteenth
1%
94 0
Twentieth
276
40 1
Twenty-first
345
85 1
Twenty-second
279
76 2
Tw nty-third
313
134 4
wenty-fou rth
376
92 0
r,.venty-fifth
279
51 1
Section 3. That a record of the
agnregate votes cast on said pro-
pas'tion is hereby made as follows:
For: 8,012, Against, 2,113, Spoil-
ed, 61.
Sectic•n 4. That all resolutions
and orders or parts thereof, in
,o far as same may be in conflict
herewith, are hereby repealed and
I
his resolution shall become effec-
tive immediately.
Passed and approved August 23,
1972.
Wayne A. Moldenhauer
Mayor
Attest:
Leo F. Frommelt
City Clerk
Recorded August 23, 1972.
Leo F. Frommelt
City Clerk
Mayor Moldenhauer moved adop-
tion of the resolution. Seconded
by Ccuncilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Pregler.
Nays — None.
.Absent — Councilmen Justmann,
Thom s.
Communication of City Manager
submitting the budget recommen-
dation for the year 1973, in the
amount of $]0,186,7()6, to be fi-
nanced with a tax rate of 48.40
Mills, levied on an estimated
$104,447,387. value of property sub -
J -1 to taxation, presented a n d
read.
Mayor Moldenhauer moved that
the budget for 1973 be referred
to the Council. Seconded by Coun•
cilman Pregler. Carried by the
following vote:
Yeas -- Mayor Moldenhauer,
Councilmen Bitter, Pregler.
Nays — None.
Absent — Councilmen Justmann.
Thorns.
There being no further business
Mayor Moldenhauer moved to ad-
journ. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Pregler.
Nays — None.
Absent — Councilmen Justmann,
Thorns.
Leo F. Frommelt
City Clerk
Approved December 18
.................. 1972
Adopted .,December 18 1972
.. ........
..,,. .. .... ...... . .....:.............
..... ........... .......:..
k G. ............. r --
.... ... I ...................
City Clerk
Regular Session, September .1, 1972 417
CITY COUNCIL
OFFICIAL
Regular Session, September 4,
1972.
No members of the Council be-
ing present the meeting was ad-
journed subject to call.
Leo F. Frommelt
City Clerk
Approved December 18 1972
Adopted December 18 1972
December 18
418 Adjourned Regular Session, September 5, 1972
CITY COUNCIL
OFFICIAL
Adjourned regular session, Sep-
tember 5, 1972.
Council met at 7:30 P.M. (D.S.
T.)
Present — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms. City Manager Gil-
bert D. Chavenelle.
Mayor Moldenhauer read the call
and stated that service thereof had
been duly made and this is an
ADNOURNED MEETING OF THE
REGULAR MEETING OF SEP-
TMEBER 4, 1972, called for the
purpose of acting upon such busi-
ness as may properly come before
the meeting.
Communication of League of Io-
wa Municipalities submitting a
plan of action, a resolution en-
dorsing the .League program, a
first suggested letter to candidates,
all relative to 1973 State Legisla-
tive action, presented and read.
Mayor Moldenhauer moved that
the communication be referred to
the next meeting. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
August 18, 1972
Dubuque City Council
To the Members of the City of
Dubuque Conference Board:
RE.: Protest of assessment of
real estate owned by Fischer, Inc.
Fischer Realty Co. and Plastic
Center, Inc.
On May 21, 1971, a protest of
assessment on the above properties
was filed with the City Board of
Review, The Board lowered the
assessed valuation on two of the
properties and denied the petitions
on two other properties. All four
decisions were appealed to Dis-
trict Court.
Before going to Court, City So-
licitor R. N. Russo and I con-
sulted with Thomas Valentine, a
professional appraiser with the
Continental Appraisal Co., as to
what the fair market values on
these properties would be at the
present time. After viewing the
properties and using the three ap•
proaches to value—cost, market
and income—we conferred with
Mr. Russo, and be presented Mr.
Francis O'Conner, attorney for the
appellant with the following re.
commendation:
Plastic Center, Inc., &40 Locust
St. ( Arcade Bldg.) Board's Action,
Reduce assessed value from $61,324
to $50,562, Settlement, Reduce as.
sessed value from $50,562 to
$42.500.
Fischer, Inc., 90 Main St. (Old
Warehouse), Board's .Action, Re.
duce assessed value from $10,917
!o $7,885, Settlement, Reduce as-
ses ed value from $7,885 to $6,535.
Plastic Center, Inc., 3rd & Main
Sts. (Fischer Office) Board's Ac-
tion, Denied, Settlement, Reduce
assessed value from $13,917 to
$12,567.
Fischer Realty Co., 200 Main St.
(Julien Hotel), Board's Action, De-
nied, Settlement, Reduce assessed
value from $78,480 to $77,130.
The attorney for the preceding
property owners accepted this of-
fer and I would recommend to
the Conference Board that the set-
tlements be approved.
James J. Gregory
City Assessor
Councilman Pregler moved that
the communication be received and
filed. and made a matter of re-
cord. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Communication of Bike -A -Thou
Committee indicating that the mo-
ney realized from the August
20th Bike-A-Thon meet be given
to the City along with some fur-
ther recommendations and condi-
tions, presented and read.
Councilman Justmann moved
that the rules be suspended in
order to lot anyone address the
Council if they so desire. Second-
ed by Councilman Bitter. Carried
by the following vote:
Yeas -- Mayor Moldenhauer,
Councilmen Bitter, .Justmann.
Pregler, Thoms.
Nays -- None.
Adjourned Regular Session, September 5, 1972 419
Mr. Steve Strong of the Bike-
A-Thon group addressed the Coun-
cil by stating that approximately
Nine Hundred Dollars was realized
from the activity. They would be
willing to turn this over to the
City providing they would have
a voice in the programming of
bicycle paths and any future bi-
cycle activities.
Mayor Moldenhauer moved that
the communication be referred to
the City Manager to be consider-
ed at the time of the Murdock
report which report was referred
to the Manager at the Council
meeting of August 21st. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter. Justmann,
Pregler, Thoms.
Nays — None.
Communication of Ruth Nash
stating that arrangements have
been made to purchase a house
at 471-73, 4th Street, with a view
toward restoring its original front
and hoping to qualify for amend-
ment to the Zoning Ordinance re-
lative to historical buildings, pre-
sented and read. Mayor Molden-
hauer moved that. the communica-
tion be referred to the Planning
& Zoning Commission.
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Communication of Mayor Mol-
denhauer submitting his weekly re -
pert to the Council, dated Sep-
tember 4, 1972, presented for the
record. Councilman Bitter moved
that the communication be re-
ceived and filed. Seconded by
Councilman Thorns. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None
Proof of Publication, certified to
by the Publisher, of Statement of
Receipts, disbursements and a list
Of claims for July 1972, presented
and read. Councilman Bitter
moved that the proof of publica-
tion be received and filed, Se.
conded by Councilman Thorns, Car.
ried by the following vote:
Yeas — Mayor '_Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms,
Nays — None.
August 30, 1972
To the Honorable Mayor
and City Council,
This is to advise that 1 have
approved the following bonds and
desire to have your approval on
same.
SIDEWALK
Merlin Goerdt, D -B -A, Goerdt Ex.
cavatiog, Merchants M u t u a l
Bonding Co.
Hartmann Construction Co., Mer.
chants Mutual Bonding Co.
Gilbert D. Chavenelle
City Manager
Councilman Bitter moved that
the bonds be filed subject to ap-
proval of the City Attorney. Se-
conded by Councilman Thoms. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
July 10, 1972
Honorable Mayor
and City Council
On June 5, 1972, Lavern N.
Hingtgen of 1125 Rosedale Avenue
filed a claim for damages to his
vehicle as a result of a washout
in the street at or near 485 West
Locust on May 30, 1972.
I have made an investigation
of this claim and it appears that
on May 30, 1972, in fact, a heavy
rain did occur. It is the opinion
of the City Attorney that said in-
cident was not due to any negli-
gence on the part of the city and,
accordingly, id is the recommenda-
tion of the City Attorney's Office
that said claim he denied.
R. N Russo
City Attorney
Councilman Bitter moved to con.
cur in the City Attorney's recom-
mendation. Seconded by Council-
man Thoms. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
420 Adjourned Regular Session, September 5, 1972
August 28, 1972
Honorable Mayor and
City Council
On August 7, 1972, Mr. Joseph
P. Helling of 440 Lowell Street.
filed claim for damages allegedly
suffered to his car as result of
striking a piece of sharp rock on
roadway at the intersection of Foye
and Napier Street in the City of
Dubuque, Iowa.
I have examined the claim of
Mr. Healing, and have examined
the site together with the Street
Commissioner, and it is my opinion
that there was no actionable neg-
ligence on the part of the City
of Dubuque that would warrant
the payment of said claim, and
therefore 1 recommend that said
claim be denied.
Original claim is attached here-
to.
R. N. Russo
City Attorney
Councilman Bitter moved to con-
cur in the City Attorney's recom-
mendation. Seconded by Council-
man Thorns. Carried by the fol.
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Notice of District Court, No.
82148 Equity, St. Joseph Mercy
Hospital, Plaintiff, vs. City of Du-
buque, members of City Council
and R. N. Russo, City Attorney
as defendants, making an appli-
cation for a writ of temporary
injunction seeking to have the de-
fendants restrain from amending
Section 2, Article 4 of Ordinance
No. 3.34 as it applies to the prem-
ises owned by the Plaintiff and set-
ting a hearing on this matter be-
fore Judge Thomas H. Nelson on
the 31st day of August 1972, at 4:30
o'clock P.M. in the District Court
of Iowa, presented and read. Coun-
cilman Bitter moved that the no-
tice be received and filed. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Attorney Russo presented an Or-
dinance Amending and Changing
Ordinance No. 3.34 known as the
"Zoning Map and Zoning Ordi-
nance of the City of Dubuque,
Iowa" by Repealing Section 2 of
Article IV thereof and enactnig
a new section 2 in lieu thereof
establishing and defining the uses
permitted in a Multiple Residence
District, for consideration. Council.
man Bitter moved that the Or
dinance be referred to the Plan-
ning & Zoning Commission for re-
ferral back to the Council. Se.
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notice of Suit, in the amount
of $20,000 by Joseph A. Hickey,
a minor, by Frank J. Hickey, his
father, vs. City of Dubuque and
Edwards Construction Co, for in-
juries received by said minor as
the result of tripping over a water
hose in the walk portion of the
Town Clock Plaza on June 26, 1972,
presented and read. Councilman
Bitter moved that the notice be
referred to the City Attorney for
proper action. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Notice of claim of Gerald S.
Brandel, in the amount of $56.41,
for car damage incurred in Eagle
Point Park on August 20, 1972,
presented and read. Councilman
Bitter moved that the notice of
claim be referred to the City At-
torney for proper action. Second-
ed by Councilman Justmann. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays -- None.
Notice of Claim of A. J. Meyer,
in the amount of $168.50, for ga-
rage damage incurred at his home
as the result of a dead elm tree
limb falling on same at 657 Kane
Street on July 25, 1972, present-
ed and read. Councilman Bitter
moved that the notice of claim
be referred to the City Attorney
for proper action. Seconded by
Adjourned Regidar Session, September 5, 1972 421
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Notice of Claim of Mrs. Cla-
rence Blakemen, in an undetermin-
ed amount, for personal property
damage incurred as the result of
a dead elm tree limb falling on
a swing set at 2161 Lincoln Ave.
on August 18, 1972, presented and
read. Councilman Bitter moved
that the notice of claim be re-
ferred to the City Attorney for
proper action. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas -- Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notice of claim of Roy V. In.
gles, in the amount of $38.&1 for
damage to motorcycle as the re-
sult of driving over a patch of
oil on Iowa street between 1st and
2nd on August 31, 1972, causing
the cycle to skid, presented and
read. Councilman Bitter moved
that the notice of claim lx re-
ferred the City Attorney for pro-
per action. Seconded by Council-
man Justmann. Carried by the fol-
Ic%ving vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t 1 e r. Justmann,
Pregler, Thoms.
Nayc — None.
Proof of Publication, certified to
V the Publisher, of Notice of pub-
lic hearing to amend Zoning Or-
di-ance No. 3.34 by changing Lot
19 of Key Knolls Sub. from Mul-
tinle Residence to Business Dis-
trict Classification, presented and
e,l l
Communication of Delos A. Dor-
(" el retluestin denial of reson-
iag request of property located bc-
fµ. en Foothill Road and Hillcrest
west of Kennedy Road, presented
and read.
Attorney Robert Bertsch repre-
senting 11. R. W., as owners of
Block 111 in Key Knolls Sub. stated
that the area in question has been
under study for over three years
and the developer has assisted the
City in planning the area. Mr.
Delos Dorweiler asked that his pro-
perty be protected along Kennedy
Road,
Councilman Pregler moved that
the proof of publication and Mr.
Dorweiler's communication be re-
ceived and filed and all objections
as to the rezoning be overruled.
Seconded by Councilmen Bitter.
Carried by the following vote:
Yeas — :Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
ORDINANCE NO. 47-72
An Ordinance amending and
changing Ordinance No, 3.34 known
as the "Zoning Map and Zoning
Ordinance of the City of Dubu-
que, Iowa" so as to change cer.
lain property hereinafter described
from "Multiple Residence District"
classification to "Business District
Classification"
said Ordinance having been pre-
viously presented and read at the
Council meeting of August 14,
1972, presented for final adoption.
Councilman Thoms moved that
final action on the Ordinance be
deferred to the Council meeting
sch^doled for September 11th. Se-
conded by Councilman Justmann.
Vote on the motion as follows:
Yeas — Councilmann Justmann.
Nays -- Mayor Moldenhauer.
Councilmen B i t t e r, Pregler.
Thoms.
MOTION FAILED.
ORDINANCE NO. 47.72
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 3-34
KNOWN AS THE 'ZONING MAP
AND ZONING ORDINANCE OF THE
CITY OF DUBUQUE, IOWA" SO AS
TO CHANGE CERTAIN PROPERTY
HEREINAFTER DESCRIBED FROM
"MULTIPLE RESIDENCE DISTRICT"
CLASSIFICATION TO "BUSINESS
DISTRICT" CLASSIFICATION.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF T14E
CITY OF DUBUQUE, IOWA:
Section 1. That Ordnance No. 3-34
known as ,he "Zoning Map and Zon-
ng Ordinance of the CHH of Dubuque.
Iowa" be and the same is hereby
amended by changing from 'Multiple
Residence District" classification to
"Business District" classification the
following described real estate to -wit:
Blcck 19 of Key Knolls Subdivision
n :he City of Dubuque, Iowa.
Seclion 2. That the foregoing Amend-
ment has heretofore been approved by
the Planning and ZonIno Commission
of the City of Dubuque. Iowa.
Passed, approved and adopted this
51h day of September, 1972.
Wayne A Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in The Telegraph -
Herald Newspaper this BBt day of
September, 1972.
Leo F. Frommel
City Clerk.
I1. 9/8
422 Adjourned Regular Session, September 5, 1972
Councilman Pregler moved final
adoption of the Ordinance. Second-
ed by Mayor Moldenhauer. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
At 9:25 P.M. Councilman Just -
mann moved for a recess. Motion
died for lack of a second.
Proof of Publication, certified to
by the Publisher, of Notice of Pub-
lic hearing to amend the Zoning
Ordinance No. 3-34 so as to change
the Ely A of the Sly v2 of Lot
32 and the Ely 'A of Nly 2' of
Lot 33; Ely 80' of Nly ' of Lot
32; Wly V, of Sly /z of Lot 32
and Wly '6 of Nly 2' of Lot 33;
Wly 80' of Nly i of Lot 32; Sly
3o' of Lot 33 all in L. H. Lang -
worthy's Addn. from Multiple Re-
sidence District Classification to
Business District Classification,
presented and read.
No written objections were filed
and no oral objectors were pre-
sent at the time of the public
hearing.
Councilman Pregler moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Bitter. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
ORDINANCE NO. 48.72
An Ordinance amending and chang•
ing Ordinance No. 3.34 known as
the "Zoning Map and Zoning Or-
dinance of the City of Dubuque,
Iowa" so as to change certain
property hereinafter described
from "Multiple Residence District
classification to "Business Dis-
trict classivication".
said Ordinance having been pre-
viously presented and read at the
Council meeting of August 14, 1972
presented for final adoption.
ORDINANCE No. 48-72
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE No. 3-34
KNOWN AS THE 'ZONING MAP
AND ZONING ORDINANCE OF THE
CITY OF DUBUQUE, IOWA" SO AS
TO rHANGF rFRTAIN PROPERTY
CLASSIFICATION 5gg TO "BUSINESS
DISTRICT"
CTHEREFOIRECABE NIT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That Ordinance No 3.34
known as the Zoning Map and Zon.
Ina Ordinance of the City of Dubuque,
Iowa" be and the same is hereby
amended by changing from "Multiple
Residence District" classification to
Business District" classification the
following described real estate, to -wit:
The Easterly one-half of the South-
erly one-half of Lot 32 and the
Easterly one-half of the northerly
2 feet of Lot 33 in L.H. Lang.
worihv's Addition; and
The Easterly so feet of the North.
erly half of Lot 32 in L.H. Lang -
worthy's Addition; and
The Westerly one-half of the
Southerly one-half of Lot 32 and
the Westerly one-half of the North-
erly 2 feet of. -Lot 33 in L.H. Lang -
The Westerly 00 feet of the North.
erly half of Lot 32 in L.H. Lang.
worthy's Addition; and
The Southerly 30 feet of Lot 33 of
L.H. Langworthy's Addition, all In
the City of Dubuque, Iowa.
Section 2. That the foregoing Amend.
men t has heretofore been approved
by the Planning and Zoninq Commis.
sion of the City of Dubuque, Iowa.
Passed, approved and adopted this
51h day of September, 1972,
Wayne A. Moldenhauer
Mayor
Waller A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
ATTEST: Councilmen
Leo F. Frommelt
City Clerk
Published officially in The Telegraph.
Herald Newspaper this 8th day of
September, 1972.
Leo F. Frommelt
11. 9/8 City Clerk.
Councilman Bitter moved final
adoption of the Ordinance. Second-
ed by Mayor Moldenhlauer. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns,
Nays —'•done.
August 25, 1972
To the Honorable Mayor and
Members of the City Council
The petition of Phil Langas for
the issuance of a Class "B" beer
permit for his premises located
in the Local Business "A" District
has been referred to the City At-
torney for the preparation of pro-
ceedings for the authority by the
City Council to issue such Class
"B" beer permit to his premises.
Accordingly, I am enclosing a
proposed amendment for the au-
thority to issue Class "B" beef-
permit
eerpermit to premises located in Lo-
cal Business "A" Classification.
I am also enclosing a proposed
form of amendment to the beer
ordinance recently adopted.
I believe the foregoing two a-
mendments will grant the authori-
ty to the City Council to issue
a Class "B" permit to Mr. Langas.
However, I do not recommend
your taking such course of action.
R. N. Russo
City Attorney
Councilman Pregler moved that
the communication be received and
filed. Seconded by Councilman
Adjourned Regular Session, September 5, 1972 423
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Moldenhauer,
councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
ORDINANCE NO. 53-72
An Ordinance amending and
changing Ordinance 3.34 known as
the "Zoning Ordinance of the City
of Dubuque, Iowa", by repealing
Section 1 of Article V-A thereof,
and adopting a new Section 1 of
Article V-A in lieu thereof, to
classify restaurants, cafes and ca•
feterias as uses separate and dis.
tinct from retail stores, and to
permit the sale and consumption
of beer tWrein, under certain spec-
ified conditions, presented and
read.
Mayor Moldenhauer moved that
the Ordinance he referred to the
Planning and Zoning; Commission.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Jaycees requesting
a refund of $225 on the unexpired
portion of beer license No. 23:1.3
as they have discontinued business
8-19-72, presented and r e a d
Councilman Pregler moved that
the refund be granted and the
Auditor instructed to issue proper
warrant. Seconded by Mayor Mol-
denhauer. Carried by the follow-
ing vote:
Was — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Phyllis Lieciardi re-
questing a refund of $225. on the
unexpired portion of beer license
No. 1569, as she has discontinued
business on 8.21-72, presented and
read. Councilman Pregler moved
that the refund be granted and
the Auditor instructed to issue pro.
per warrant. Seconded by Mayor
Moldenhauer. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Phyllis Licciardi re-
questing a refund of $75. on the
unexpired portion of cigarette li-
cense No. 169, as she has dis-
continued business on 8-21-72, pre-
sented and read. Councilman
Pregler moved that the refund be.
granted and the Auditor instructed
to issue proper warrant. Second-
ed by Mayor Moldenhauer. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays & None.
Petition of Denny French, re-
questing a refund of $75. on unex-
pired portion of cigarette license
No. 82, as he has discontinued
business on July 24, 1972, pre-
sented and read. Councilman Preg-
ler moved that the refund be grant-
ed and the Auditor instructed to
issue proper warrant. Seconded by
Mayor Moldenhauer. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler. Thoms.
Nays — None.
Petition of Herman J. Meyer,
requesting a refund of $75, on un-
expired portion of cigarette license
No. 92, as he has discontinued
business on 8-1-72, presented and
read. Councilman Pregler moved
that the refund be granted and
the Auditor instructed to issue pro-
per warrant. Seconded by Mayor
Moldenhauer. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Karigans Restaurant
requesting a refund of $225. on
the unexpired portion of beer li-
cense No. 1142, as they have ap-
plied for a combination license,
presented and read. Councilman
Pregler moved that the refund be
granted and the Auditor instructed
to issue proper warrant. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays None.
Peitition of Melvin L & Leonette
Kreiman requesting a refund of
$442.50 on the unexpired portion
of combination beer & Liquor Li-
cense No. C-2153 as they have dis-
continued business on 7-3072, pre•
sented and read. Councilman Preg
ler moved that the refund be grant.
Adjourned Regular Session. September 5, 1972
ed and the Auditor instructed to
issue proper warrant. Seconded by
Mayor Moldenhauer. Carried by
the following vote:
Yeas — Mayor Moldenhauer.
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Petition of Hempstead High
School, by Deb Kopp, requesting
permission to conduct a Home-
coming parade on October 6, 1972
presented and read. Councilman
Pregler moved that the petition
be granted and referred to the
City Manager. Seconded by Coun-
cilman Thorns. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
Petition of Pat Dillon et al ( 7
signatures) requesting the instal-
lation of a street light on Green-
field Street, presented and read.
Councilman Pregler moved that
the petition be referred to the City
Manager and Electrical Inspector
for investigation and report. Se-
conded by Councilman Thorns. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Petition of Kiwanis Club of Du-
buque requesting permission to
conduct a "Kids Day Peanut Sale"
on September 22, 1972, presented
and read. Councilman Pregler
moved that the petition be granted
and referred to the City Manager.
Seconded by Councilman Thorns.
Carried by the following vote:
Yeas f Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Petition of W. J. 11i11, agent of
Burlington Northern Railroad, re-
question closing of Market Street
between 3rd street and 1. C. tracks
between Blocks C & F in Booths
Addn, to accomodate a small in
dustry, presented and read. Coun-
cilman Pregler moved that the pe-
tition be referred to the City Ma-
na,,er and staff. Seconded by Coun-
cilman Thorns. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Jerry Trimble re-
questing permission to conduct a
Rosary procession on Sunday Sep-
tember 24, 1972, as part of a month
long tour of the National Pilgrim
Virgin Statue, presented and read.
Councilman Pregler moved appro-
val of the petition with referral
to the City Manager. Seconded by
Councilman Thorns. Carried by the
following vote:
Yeas — Mayor Moldenhauer.
Councilmen Bitter. Justmann.
Pregler, Thorns.
Nays — None.
Petition of Mike Mellon et a'
(19 signatures) requesting the in-
stalliation of a street light in th,-
2500 to 266 block on Pinard street,
presented and read. Mayor Mol
denhauer moved that the petition
be referred to the City Manager
and Electrical Inspector for in-
vestigation and report. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thorns.
Nays — None.
Petition of James Ostert, as
spokesman for a Citizen's commit-
tee requesting a place on the agen-
da to discuss Chief O'Brien's recent
handling of the disturbance in-
volving the Chosen Few Motorcycle
gang, presented and read.
Mayor Moldenhauer moved that
the petition be received and filed.
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas — Mayor Moldenhauer
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Mr. Don Manahl and James Os-
tert addressed the Council relative
to a disturbance caused by the
Chosen Few Motorcycle gang that
came into the City on August 26.
1972, at 11th and White Street.
Chief O'Brien submitted a report,
through the City Manger, relative
to the incidents on August 26th,
mainly denying the idea that favor-
itism was shown to any particular
group in the community through
an actual and knowing role by
the police, as accused by the com-
plainants.
Adjourned Regidar Session, September 5, 1972 425
Alter considerable discussion
Mayor Moldenhauer moved that
Police Chief O'Brien's report. be
received and filed. Seconded by
Councilman .Bitter. Carried by the
following vote:
Yeas — Mayor '.Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
Mr. Manahl presented a list of
complaints from various citizens
to the Clerk for the record. Coun-
cilman Bitter moved that the writ-
ten complaints be referred to the
Council to be considered at a meet.
ing to be held on September S.
19'72, at 4:30 P.M. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann
Pregler, Thoms.
Nays — None.
COUNCIL RECFSSED AT 10:50
P.M. RECONVENED AT 11:00 P.
M.
Proof of Publication certified to
by the Publisher, of notice of time
and place of hearing to consider
proposal to dispost of Lot 1 or
2 of 1 of M.L. 345 in the City
of Dubuque to Joseph D. Vogt
Jr. and Martina A. Vogt, in ex-
change for Lot 2 of 1 of Lot 163
of L. I1. Lan' -worthy Addn, also
for a grant of easement over Lot
1 of I of 163 in I_ H. Langworthy's
Addn. presented and read.
No written objections were filed
and no oral objectors were pre-
sent in the Council Chamber at
the time set for the public hearing.
Counci!man Pregler moved that
the proof of publication be received
and filed. Seconded by Councilman
Thorns. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 287-72
WHEREAS, pursuant to Resolu-
tion of published notice of time
and place of hearing published in
the Telegraph-lierald, a newspaper
of general circulation published in
the City of Dubuque, Iowa, on
August 4, 1972, and August 11,
1"2. City Council of City of Du-
buque, Iowa, met on the 5th day
of September, 1872, at 7:50 o -clock
P.M. (Central Daylight Time) in
the City Council Chamber, City
Hall, Dubuque, Iowa, to consider
the proposal to dispose of interest
of the City of Dubuque, Iowa, to
Joseph D. Vogt, Jr. and Martina
A. Vogt in and to Lot One (1)
of Lot Two (2) of Lot One (1)
of Mineral Lot 345 in the City
of Dubuque, Iowa; and
WHEREAS, City Council of Du-
buque, Iowa, overruled any and
all ohject.iom, oral or written, to
the proposal to dispose of inter-
est of City of Dubuque, Iona, in
the above described real estate
to Jogcph D. Vogt, Jr, and Mar-
tina A. Vogt;
NOVO' THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the disposal of
interest of City of Dubuque, Iowa
in real estate to Joseph D. Vogt,
Jr. and Martina A. Vogt covering
the following described real estate,
to -wit: Lot One (1) of Lot Two
(2) of Lot One (1) of Mineral
Lot 345 in the City of Dubuque.
Iowa be and the same is hereby
approved, and that no abstract will
be provided. Mayor and City Clerk
are hereby directed to execute said
(teed on behalf of City of Dubuque.
Section 2. That the City Clerk
he and he is hereby authorized
and directed to deliver deed of
conveyance to Joseph D. Vogt, Jr.
and Martina A. Vogt upon receipt
of grant of exclusive and perpetual
right and easement to construct,
maintain and repair a water main
in Lot 1 of Lot 1 of I of 163 in
L. H. Langworthy's Add;tion to-
gether with right of ingress and
egress.
Section 3. That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resolution in the office
of the Dubuque County Recorder.
Passed, approved and adopted
this 51h of September, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
426 Adjourned Regular Session. September 5, 1972
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 288-72
WHEREAS, Westminster Church
Corporation has delivered Warran-
ty Deed dated the 23rd day of
August, 1972, conveying to the City
of Dubuque, Iowa, the following
described real estate:
Lot 2 Westminster Presbyterian
Church Place in the City of Du-
buque, Iowa and;
WHEREAS, the delivery of said
Deed to the above entitled real
estate should be accepted by the
City of Dubuque.
NOW THEREFORE BE IT RE-
SOLVED by the City Council Of
the City of Dubuque, Iowa:
Section 1. That the Warranty
Deed of Westminster Church Cor.
poration dated August 23, 1972, con-
veying to the City of Dubuque,
Iowa, the following described real
estate:
Lot 2 Westminster Presbyterian
Church Place in the City of Du-
buque, Iowa be and the same is
hereby accepted.
Section 2. That the City Clerk
be and he is hereby directed to
record said Deed in the Office
of the Dubuque County Recorder.
Section 3 That the above de.
scribed real estate be and the same
is hereby designated as part of
University Avenue of the City of
Dubuque, Iowa.
Passed, approved and adopted
this 5th day of September, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Justmann moved a.
doption of the resolution Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
RESOLUTION NO. 289-72
RESOLUTION to fix a date of
meting at which it is proposed
to take action for the issuance
of $1,000,000 Sewer Bonds.
WHEREAS it is necessary and
for the best interests of the City
of Dubuque, Iowa, and its inhabi-
tants to build and construct cer-
tain sewers and improve the sewer
outlet and purifying plant in and
for said City and it is necessary
that the cost thereof, to the amoung
of $1,000,000, be now provided for
by the issuance of bonds payable
from the proceeds of taxes levied
on ail the taxable property in said
City as authorized and permitted
by Section S96.22 of the Code of
Iowa, 1971, as amended, but it
is necessary to first provide for
notice and hearing in the manner
and form required by Chapter 23
of the Code of Iowa;
NOW, THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, as fol-
lows:
section 1. That this Council meet
at the Council Chambers in the
City hall in said City on the 26th
day of September 1972, at 12:00
o'clock Noon, at which time and
place proceedings will be institut-
ed and action taken for the issu-
ance of $1,000,000 Sewer Bonds for
the purpose of paying the cost,
to that amount, of building and
constructing sewers and improving
the sewer outlet and purifying
plant in and for said City.
Section 2. The City Clerk is here-
by directed to give notice of pro-
posed action for the issuance of
said bonds, setting forth the a-
mount and purpose thereof, the
time when and place where said
meeting will be held, by publication
at least once not less than fifteen
(15) days before said meeting, in
the "Telegraph Herald", a news-
paper published and having a gen-
eral circulation within said City.
Said notice shall be in substan-
tially the following form:
NOTICE OF MEETING FOR
ISSUANCE OF SEWER BONDS
The City Council of the City of
Dubuque, in Dubuque County, I-
owa, will meet on the 26th day
of September, 1972, at the Council
Chambers in the City Hall, Du-
buque, Iowa, at 12:00 o'clock Noon
for the purpose of instituting pro-
Adiourned Regular Session, September 5, 1972 427
ceedings and taking action for the
issuance of $1,00,000 Sewer Bonds
of said City, bearing interest at
a rate or rates not exceeding six
per cent (6 percent) per annum,
for the purpose of defraying the
cost, to that amount, of building
and constructing sewers and im-
proving the sewer outlet and pur-
ifying plant in and for said City.
At any time before the date of
said meeting a petition or petitions
setting forth objections thereto
may be filed in the office of the
City Clerk as permitted by law.
By order of the City Council
September 5, 1972.
Leo F. Frommelt
City Clerk
Section 3. That all resolutions
or parts thereof in conflict herewith
be and the same are hereby re-
pealed, and this resolution shall
be effective forthwith upon its pas-
sage and approval.
Passed and approved September
5. 1972.
Wayne A. Moldenhauer
Mayor
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved a-
doption of the resolution. Seconded
by Councilman Thorns. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r. Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 290.72
RESOLUTION providing for the
advertisement of $1,0(i0,000 Sewer
Bonds.
«'IIEREAS the City Council of
the City of Dubuque, Iowa, has
heretofore determined it to be ad-
visable and necessary to build and
construct certain sewers and im-
prove the sewer outlet and purify-
ing plant in and for said City
and it is necessary and for the
best interests of said City that
$1,000,000 Sewer Bonds contemplat-
ed to be issued to pay the cost
thereof, to that amount, be offered
for sale in the manner required
by Chapter 75 of the Code of Iowa;
NOW, THEREFORE, Be It and
It Is Hereby Resolved by the City
Council of the City of Dubuque,
Iowa, as follows:
Section I. That Sewer Bonds of
said City in the amount of
$1,000,000 be advertised for sale,
such bonds to be dated November
1, 1972, bearing interest payable
May 1, 1973, and semi-annually
thereafter, and maturing in nu
merical order $100,000 on Novem.
her 1 of each of the years 1974
to 1983, inclusive, and that bids
be requested for action thereon
at the Council Chambers in the
City Hall in said City at 12:00
o'clock Noon, on September 26,
1972, and that the City Clerk b^
and he is hereby authorized and
directed to publish notice of such
sale once each week for at least
hvo consecutive weeks in the "Te.
legraph-Herald", a newspaper pub.
lished and of general circulation
in Dubuque County, Iowa, such
advertisement to be in the form
customarily employed for that pur-
pose.
Section 2, That all resolutions
or orders insofar as same may
be in conflict herewith be and the
same are hereby repealed.
Passed and approved September
5, 1972.
Wayne A. Moldenhauer
Mayor
Attest:
Leo F. Frommelt
City Clerk
Recorded September 5, 1972.
Leo F. Frommelt
City Clerk
NOTICE OF SALE OF SEWER
BONDS DUBUQUE, IOWA
Sealed bids will be received until
12:00 o'clock Noon on the 26th
day of September, 1972, at the
office of the City Clerk in the
City Hall, Dubuque, Iowa, for the
purchase of $1,000,000 Sewer Bonds
of the City of Dubuque, Iowa, at
which time such bids will be re-
ferred to the City Council of said
City at its meeting to be then
held at the Council Chambers in
the City Hall in said City. Open
bidding will be concluded not later
than 1:00 o'clock P.M. and, after
the best open bid has been deter-
mined, the sealed bids will be pub
licly opened and the bonds will
be sold to the highest bidder for
cash. Sealed bids will be fully pro-
tected.
Said bonds will be dated Novem-
ber 1, 1972, in the denomination
of $5000, bear interest at a rate
or rates not exceeding Six per
cent (6%) per annum, payable May
428 Adjourned Regular Session, September 5, 1972
1, 1973, and semiannually there-
after, registrable as to principal
only, and will mature in numerical
order $100,000 on November 1 of
each of the years 1979 to 1963,
inclusive. None of said bonds will
be optional for redemption prior
to maturity. Both principal and
interest will be payable at the
office of the City Treasurer, Du-
buque, Iowa. Each bid must be
for all of said bonds upon terms
of not less than par and accrued
interest and shall specify the in-
terest rate or rates for the bonds
in a multiple of one-quarter or
one-tentin of one per cent provid
ed that only one rate shall be
specified for a single maturity and
not more than three rates may
be named for the issue. Repeat-
ing a previously mentioned rate
will not constitute an additional
interest rate. Each installment of
interest will be represented by a
single coupon on each bond. The
bonds will be awarded to the best
bidder determined upon the basis
of the lowest total interest cost
at the rate or rates designated
in his bid from November 1, 1972,
to the respective final maturity
dates, after deducting any pre-
mium.
These bonds will constitute ge-
neral obligations of the City pay-
able from taxes levied upon aL'
the taxable property in the City
without limitation as to rate or
amount. Said bonds are expected
to be delivered within thirty (30)
days after the sale, delivery to
be made against payment in im
mediately available funds at any
mutually agreeable bank or trust
company in the City of Chicago,
Illinois, Dubuque, Iowa, or Des
Moines, Iowa, without expense to
the purchaser. Should delivery be
delayed beyond sixty (60) days
from date of sale for any reason
except failure of performance by
the purchaser, the City may can-
cel the award or the purchaser
may withdraw his check and there-
after his interest in and liability
for the bonds will cease. The City
will furnish the printed bonds and
the approving opinion of Messrs.
Chapman and Cutler, Lawyers,
Chicago, Illinois, together with the
transcript and usual closing pa-
ters, including non -litigation certi-
ficate, and all bids may be so
conditioned. Said opinion will be
printed on the bonds and will re-
cite that under existing federa
laws, regulations, decisions and of-
ficial interpretations, the interest
on said bonds is exempt from pre -
s: nt federal income taxes. Each
bidder must furnish a certified or
cashier's check drawn on a solvent
state or national bank or trust
company for $20,000 payable to
the order of the City Treasurer
of said City as a guarantee of
good faith, ibis amount to be re-
tained pending full performance
by the successful bidder and to
be forfeited to the City as agreed
liquidated damages upon failure
to take up and pay for the bonds
%Then ready in accordance with
his bid, which must be reduced
to writing on the Official Bid Form.
The City Council reserves the
right to waive informalities in any
bid, to reject any or all bids and
to determine in its sole discretion
the best bid.
The City Council has authorized
the preparation of an Official State
ment containing pertinent informa-
tion relative to the City. For copies
of that statement and the Official
Bid Form, or for any additional
information, any prospective pur-
chaser is referred to the under
signed at the City Hall, Dubuque.
Iowa, or the Municipal Financial
Consultants to the City, Paul D.
Speer & Associates, Inc. 20 Nort'
Wacker Drive, Chicago, Illinois
60606. Telephone: Area 312-346.0858.
By Order of the City Council
of the City of Dubuque, Iowa
Leo F. Frommelt
City Clerk
Dated September 5, 1972.
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thorns. Carried bN
the following vote:
Yeas — Mayor MoldenhaueT,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 291-72
BE IT RESOLVED BY City
Council of Dubuque, Iowa that A.
G. Heitzman, City Auditor, is here-
by authorized to execute for and
in behalf of Dubuque, Iowa, A
public entity established under the
laws of the Slate of Iowa, this
application and to file it in the
appropriate State office for the
Abjourned Regular Session, September 5, 1972 429
purpose of ohtaining certain Fed-
eral financial assistance under the
Disaster Relief Act ( Public Law
606, gist Congress).
Passed and approved this 5th
day of September, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
CERTIFICATION
I, Leo F. Frommelt, duly ap-
pointed and City Clerk of Dubuque,
Iowa, do hereby certify that the
above is a true and correct copy
of a resolution passed and approv-
ed by the City Council of Dubuque,
Iowa on the 5th day of September,
1972. Date: September 6, 1972.
Leo F. Frommelt
City Clerk
Councilman Justmann moved a-
doption of the resolution. Second-
ed by Councilman Pregler. Car-
ried by the following vote:
Yeas -- Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler. Thoms.
Nays — None.
RESOLUTION NO. 292.72
131, IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Cigar•
ettes within the City of Dubuque.
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
James Lange, 2600 Dudof Street
University of Dubuque, 2050 Uni.
versity Avenue
Mississippi Valley Milk Producers,
Assn., Inc., 1875 University Ave.
Mississippi Valley Milk Producers,
Assn., Inc. 1546 Central Avenue
Mississippi Valley Milk Producers,
Assn. Inc., 2311 Windsor Avenue
Passed, adopted and approved
this 5th day of September, 1972.
Wayne A. Moldenhauer
Mayor
Walter A, Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 293-72
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined,
NOW TIIERF.FORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and permits issued upon the
compliance with the terms of the
ordinances of the City.
CLASS "B" BEER PERMIT
Emma Margaret Scherer, 1187 I-
owa Street
Ar .enius A. Hanson, 139 Locust
Street
Lona R. Friedman, 69-0 East 16th
Street
CLASS"C" BEER PERMIT
Ralph J. Grabow, 1050 University
Passed, adopted and approved
this sth clay of September, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allen T. Thoms
C. Robert Justman
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 294.72
WIiERF.,L5, applications for Beer
permits were filed by the within
Adjourned Regular Session, September 5, 1972
Passed, adopted and approved
this Sth day of September, 1972
Wayne A. *rAdenhauer
Mayor
Walter A. Pregler
Allan T. Thome
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays -_. None.
RESOLUTION NO. 29S•72
WHEREAS, applications for U.
yuor licenses have been submitted
to this Council for approval and
the same have been examined:
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and licenses issued upon the
compliance with the terms of the
IOWA LIQUOR CONTROL ACT—
CHAPTER Ml as amended by the.
5Wth General Assembly, 1971.
CLASS '"C`" ' C.OMM E *C tAi
8962 i LMNA00 LKEWSE
Foesm Baia& 2s XAL,.i
Wi &M R Baker, 7MM
Aventae
James 3t: rua ^d Baisnbr>dCe .
L+.rcme: Sr-
-t—pas
sed, adw ed and a;lp;l-cnxr.
:his Stb qday of Sept+emte-. :v':
WSM A- Xdideubauer
Kayor
Walter A. P-.e9krr
ARM T. Tboms
C. Robert Jus mans
Joseph J. Bitz.er
Counc-amen
Attest:
Leo F. Ftrommelt
City Cterk
Councilman Bitter moved adop•
tion of the reso!ution. Seconded
by Councilman Preg;er. Carried
by the following vote
Yeas — Mayor Moldenhauer.
Councilmen Bitter. Justmann
Pregler, Thorns.
Nays — None
RESOLUTION NO. 296.12
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 wen-
inspected and found to comply with
the State Law and all City ordi-
nances relevant thereto and they
have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
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
Bessie Shkas, 926 Main Street
William Ii. Baker, 1064 University
Avenue
William C. O'Neill, 55 Locust St.
James Richard Bainbridge, 1375
Locust Street
Adjourned Regular Session, September 5, 1972 431
Passed, adopted and approved
this 5th day of September, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. From melt
City Cleric
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Councilman Bitter moved that
the City Solicitor draft legislation
to prohibit smoking in the Council
Chamber during official Council
sessions. Seconded by Councilman
Justmann. Carried by the follow.
ing vote:
Yeas — Mayor Moldenhauer,
Councilmen B. i t t e r, Justmann,
Pregler.
Nays — Councilman Thorns.
Councilman Bitter moved to
amend present Ordinances to eli.
minate necessity to have roll call
vote on receiving and filing com-
munications.
MOTION DIED FOR LACI{ OF
A SECOND.
There being no further business
Councilman Bitter moved to ad.
journ. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thorns.
Nays — None.
Leo F. Frommelt
City Clerk
Approved December 18 1972
Adopted December 18 1972
132 Special Session,
CITY COUNCIL
September 11, 1972
on August 26th while the so called
Chosen Few Gang was in the City.
Councilman Bitter moved that th,
statement be received and filed.
(OFFICIAL) Seconded by Councilman Pregler.
Special session, September 11, 1 Carried by the following vote:
Council met at 7:30 P.M. (D.S. Y. )
1971.
Present — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms. City Manager Gil-
bert D. Chavenelle.
ilayor Moldenhauer read th., call
and stated that service thereof had
been duly made and this meeting
is called for the purpose of CON-
SIDERING THE AUTHORIZA-
TION OF THE EXECUTION OF
PROPOSED AGREEMENT FOR
THE PURCHASE OF URBAN RE.
NEWAL PROPERTY TO CAN.
FIELD HOTEL INC. and acting
upon such other business as may
properly come before a regular
meeting of the Council.
Communication of James E. Os-
tert requesting to be placed on
the agenda to read a report to
the Council in the Police Chief
O'Brien case. Councilman Pregler
moved that the communication be
received and filed. Seconded by
:Mayor Moldenhauer. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Communication of Dubuque Po-
licemen's Protective Assn. object-
ing to the discussion of police po-
licies in an open forum, present-
ed and read. Councilman Pregler
moved that the communication be
received and filed. Seconded by
Mayor Moldenhauer. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Councilman Pregler moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, Thoms.
Nays — None.
Mr. Don Manahl read a state-
ment to the City Cm.incil rel-jli•
to the incidents which happened
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler. Thoms.
Nays — None.
Mrs. Fred Cole of 218 E. 1: ,
Street told of burning of cats and
B -B shot at her windows. Mr. Jo
Adams of the Adams Tap related
incidents that happened in his to
vein the night of August 26th. The
Chosen Few Motorcycle gang us
clubs and chains and roughed up
his wife along with the customers
Mr. Al Weitz of 2999 Burden was
of the opinion that there is not
enough manpower on the police
force. Mrs. Rhonda Donath stated
that they have been molested in
the area of 13th street for t'
last two years. Mr. Ken Fischer
a former policeman, stated that
the City has a food police force
but was critical of the Chief. Mr
Koerperick, a recently resigned po-
liceman, according to Mr. Fischer
was a good officer.
Mayor Moldenhauer moved tha:
the Manahl statement, along with
the testimony given by the resi
dents, be referred to the Mayor
and Council for study and con-
sideration.
Communication of Mrs. Aule,,r
C. Eberhardt being of the opinion
that if a freeway is to be found
necessary that it be routed around
and not through the City, present-
ed and read. Councilman Justmann
moved that the communication be
received and filed. Seconded by
Councilman Bitter. Carried by the
following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
Communication of Jean Hillery
age 13, making an appeal for pas-
sage of legislation covering bicycle
paths in the City, presented and
read. Mayor Moldenhauer moved
that the communication be re-
ceived and filed. Seconded by
Special Session, September 11, 1972 433
Councilman Bitter. Carried by the
following vote:
Yeas — Alayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
September 7, 1972
The City of Duhuque
and
The Dubuque Park Board
Mr. Edwin B. Lyons, who was
a resident of Dubuque, passed
away on September 14, 1970. As
you are aware, Mr. Lyons was
greatly interested in the cultural
and civic advancement of the City
of Dubuque. During his lifetime,
he demonstrated this in many ways
including the establisment of the
well known "Peony Trail" a n d
through his many donations to va-
rious civic, charitable and educa-
tional organizations connected with
the Dubuqueland area. Mr. Lyons'
estate was administered by his
son, Edwin Lee Lyons and The
First National Bank of Dubuque,
as Co -Executors of his estate. That
administration is now complete and
Item 4 of his Will provides as
follows:
"All the rest, residue and re-
mainder of the property which
I own at the time of my death
of whatsoever kind, both real and
personal and wheresoever situat-
ed and including property which
I hereafter acquire as well as
that which I now own, I give,
devise, and bequeath to First Na-
tional Bank of Dubuque, Iowa,
MY sun, Edwin Lee Lyons, and
Robert W. Clewell of Dubuque,
Iowa, as trustees without bond,
for the uses and purposes herein
set out and with all of the powers
given to my trustees by the sub-
sequent terms and provisions of
this will, It is my will and I
direct that this trust fund shall
be dedicated in the uncontrolled
discretion of my trustees to the
Purpose of acquiring additional
park areas for the City of Du-
buque, Iowa, either within or with-
out the corporate limits, and the
development of such areas into
Parks and playgrounds, a forest
Preserve or a nine -hole par :'
golf course, it being my will and
direction that tate fund may be
used for any or all of such pur-
Poses. I am riot averse to using
Part of the hind for providing
a baseball park, athletic field or
recreation center and equipping
the same. Upon approving an
proposed purchase or improve-
ment as herein contemplated, the
trustees are authorized and di.
rected to pay and distribute from
lime to time to the Dubuque Park
Board or to the City of Dubuque,
as the case may be, so much
of the trust fund as the trustees
deem suitable and appropriate in
carrying out the objects and pur
poses of the trust as herein ex-
pressed."
The funds of the above trust
are presently invested in high
grade stocks and bonds having a
present market value of approxi
mately $290,000.00.
I1 is a pleasure for the trustees
of this trust to be able to com-
municate this information to you.
Sincerely,
Edwin Lee Lyons
Robert W. Clewell
First National Bank of Dubuque
By:
Thomas K. Killion
Vice Preident and
Trust Officer
Councilman Pregler moved that
the communication be received and
filed and the City Solicitor be
instructed to draft a resolution of
thanks. Seconded by Mayor Mol-
denhauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
Communication of League of low
wa Municipalities relative to plan
of action as to informing the Le-
gislature of desired legislation for
1973, ( forward from meeting of
September 5th) presented a n d
read. Mayor Moldenhauer moved
that the communication be referred
to the Council meeting scheduled
for September 25th. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas Mayor Moldenhauer.
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Communication of Dubuque
County Democratic Club submitt-
ing a resolution opposing the north -
south freeway Plan as presently
proposed, presented and read.
434 Special Session, September 11, 1972
Councilman Justmann moved that
the communication be received and
filed. Seconded by Councilman Bit-
ter. Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
September 5, 1972
'f'o the Honorable Mayor
and City Council
The area Phyllrich Drive -Nor-
land Drive -Keystone Drive has
been inspected by the city electri-
cal inspector and it is recommend-
ed that four 175 watt mercury
vapor lights be mounted at the
following locations:
At the property line between
1877-1885 Phyllrich Drive.
At the intersection of Phyllrich
and Keystone Drives.
At the property line between
1874-1882 Norland Drive.
At the intersection of Norland
and Keystone Drives.
Gilbert D. Chavenelle
City Manager
Councilman Bitter moved appro-
val of the recommendation. Se-
conded by Councilman Thoms. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregier, Thoms.
Nays — None.
September 7, 1972
To the Honorable Mayor and
City Council
I am returning to you the pe-
tition requesting street lighting on
Greenfield Street.
The location has been viewed
and it is recommended that a 175
watt mercury vapor light be in-
stalled at the property line be-
tween 615 and 625 Greenfield
Street.
Gilbert D. Chavenelle
City Manager
Councilman Bitter moved appro-
val of the recommendation. Se.
conded by Councilman Thoms. Car
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
September 7, 1972
To the Honorable Mayor
and City Council
This is to advise that I have
approved the following bond and
desire to have your approval on
same.
SIDEWALK
Richard Ruden, Merchants Mutual
Bonding Company
Gilbert D. Chavenelle
City Manager
Councilman Bitter moved filing
approval of the bond subject to
approval of the City Attorney. Se-
conded by Councilman Thoms. Car-
ried by iae following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
September 11, 1972
To the Honorable Mayor
and City Council
It is requested that Leo From -
melt, City Clerk, be permitted to
sign city papers on behalf of the
City Manager during my absence
from the city September 15 through
September 22, 1972.
The city papers will in large
pari consist of expense vouchers.
Gilbert D. Chavenelle
City Manager
Councilman Bitter moved that
the request be approved. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Notice of claim of Kim Schnee,
in the amount of $95.00, for loss
of bicycle which was crushed under
a retaining wall that collapsed on
Althauser Street during a storm
of August 1, 1972, presented and
read. Councilman Bitter moved
that the notice of claim be re-
ferred to the City Solicitor for
proper action. Seconded by Coun-
cilman Pregler. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, Thoms.
Nays — None.
Notice of claim of Mrs. W. J
Uthe of 2850 White Street, in the
amount of $171.85 for expense and
damage incurred as the result of
a backed -up sanitary sewer on 8
2-72, presented and read. Council
man Bitter moved that the notice
of claim be referred to the Cite
Solicitor for investigation and re
Special Session, September 11. 19721 4';,5
port. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Notice of claim of Priscilla E.
Dreesens, in the amount of $129.63.
for car damage incurred as the
result of driving into an excava•
tion in E. 16th Street between Sy-
camore and Cedar Streets on Au-
gust 23, 1972, presented and read.
Councilman Bitter moved that the
notice of claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Pregler. Carried by the following;
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notice of claim of Kathryn Mart
Grabow, in the amount of $35.00.
for car damage incurred as the
result of driving into a hole in
the street at 1160 S. Grandview
Ave. on September 1, 1972, pre-
sented and read. Councilman Bit.
ter moved that the notice of claim
be referred to the City Solicitor
for investigation and report. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhau^r.
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notice of claim of Richard E.
Welu in an undetermined amount,
for personal injuries received while
riding in a car when said car
was struck by a fallen tree limb
on Pierce Street on July 11, 1972,
presented and read. Councilman
Bitter moved that the notice of
claim be referred to the City So-
licitor for investigation and report.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Notice of claim of Dixie Jane
Welu, in an undetermined amount,
for personal injuries received while
riding in a car when said car
was struck by a fallen tree limb
on Pierce Street on July 11, 1972.
presented and read. Councilman
Bitter moved that the notice of
claim be referred to the City So
licitor for investigation and report.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Frank Hardie Adver-
tising Inc. requesting permission
to install a small sign at the Union
Bus Station in the Urban Renewal
area, presented and read. Council.
man Justmann moved that the pe
tition be referred to the Council
meeting scheduled for September
25th and the petitioners be noti.
fied. Seconded by Councilman Bit-
ter. Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
Petition of Richard & Shirley
Fuerst requesting vacation and
purchase of an alley to the rear
of their home at 1995 Roosevelt
St., which is now being used by
the neighbors to park boats and
cars, presented and read. Council-
man Bitter moved that the petition
be referred to the City Manager,
Engineer and Planning & Zoning
Commission for investigation and
report. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Nfayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
Petition of Newt Marine Service
requesting consideration as to the
possible purchase of Dubuque Boat
and Boiler property located in the
harbor, presented and read. Coun-
cilman Justmann moved that the
petition be referred to the City
Manager and City Solicitor for in-
vestigation and report. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Dubuque Senior High
School requesting permission to
conduct a homecoming parade on
October 13, 1972, presented and
read. Mayor Moldenhauer moved
that the petition be approved and
referred to the City Manager. Se-
Special Session, September 11. 1972
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Proof of Publication, certified to
by the Publisher, and proof of
receipts by registered mail, to Mil-
ton J. & Byrdena Bader, of notice
of public hearing to consider City
Manager's report on condition of
property located at 2,560 Elm
Street, presented and read.
Mr. Milt Bader addressed the
Council by stating that he would
like to sell the property as it is.
Councilman Pregler moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Bitter. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 297.72
WHEREAS the City Manager has
reported to the City Council that
the buildings and premises located
on Lot 83 in Langworthy Addition,
known as 2560 Elm Street in the
City of Dubuque, Dubuque County,
Iowa, are dangerous to life and
health because of their condition
and that demand has been made
by him upon Mr. & Mrs. Milton
J. Bader, 5171/! Loras Blvd., Du-
buque, Iowa, as owners of said
property that the condition com-
plained of be corrected and that
said owners have failed to correct
the conditions within the time pro-
vided by the notice; and,
WHEREAS on August 21, 1972,
the City Council set said report
down for hearing at 7:30 o'clock
P.M. Central Daylight Time, Sep-
tember 11, 1972, in the City Council
Chamber in the City Hall in the
City of Dubuque, Dubuque County,
Iowa, and directed the City Clerk
to give notice of said hearing;
and,
WHEREAS it appears by return
of service now on file in the re-
cords of the City Council that no-
tice of said hearing was given
by serving by Registered Mail on
August 24, 1972, and by publica.
tion in the Telegraph Herald news-
paper on August 25, 1972, and.
WHEREAS pursuant to said no-
tice on order of the City Council
a public hearing was held at 7:30
o'clock P.M. Central Daylight
Time on September 11, 1972, in
the City Council Chamber in the
City Hall in the City of Dubuque,
Iowa, at which time the owners
of the above described real estate
were afforded an opportunity to
be heard and witnesses concern-
ing the condition of the property
and the hazard was heard; and,
WHEREAS the Council has duly
considered the testimony of the
witnesses and viewed the premises
and has reached its determination.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the structure
known as 2560 Elm Street and
located on Lot 8.3 in Langworthy
Addition, in the City of Dubuque,
Dubuque County, Iowa, be and the
same are hereby found and de-
clared to be dangerous to life,
health and property and a nui-
sance:
Section 2. 'That the City Manager
be and he is hereby authorized
and directed to cause the structure
known as 2560 Elm Street and
located on Lot 83 in Lanworthy
Addition in the City of Dubuque,
Dubuque County, Iowa, to be dis-
mantled and removed.
Section 3. That upon completion
of said work, the City Manager
shall certify the cost thereof to
the City Clerk.
Section 4. That upon receipt of
said certificate of cost from the
City Manager, the City Clerk shall
thereupon certify said cost to the
County Auditor of Dubuque COUIl-
ty, Iowa, and it shall he collected
with and in the same manner as
general property taxes.
Section S. That the City Clerk
be and is hereby directed to re-
cord a certified copy of this Re-
solution in the office of the County
Recorder of Dubuque County, Io-
wa.
Special Session, September 11, 1972 ¢g;
Passed, adopted and approved
this 11th day of September, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing for the purpose of con-
sidering authorization of the exe
cution of proposed agreement for
the purchase of Urban Renewal
property to Canfield Hotel Inc.,
presented and read.
Attorney Charles Hintzinger ad-
dressed the Council in behalf of
Mr. Scherrer, owner of the Can-
field Hotel, in support of the pro-
posed purchase. Mr. Wittenberg
announced that the approval of
sale on this property has not been
approved as yet by HUD.
Councilman Pregler moved that
the proof of pub,ication be re-
ceivcvt and filed. Seconded by Ma-
yor Moldenhauer. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Councilman Justmann moved ap-
proval of the sale to Canfield IIo-
tel Inc. subject to approval of
HUD. Seconded by Councilman Bit-
ter. Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 298.72
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined: NOVA'
THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following applica-
tions be granted and permits is-
sued upon the compliance with the
terms of the ordinances of the
City.
CLASS ,B,, BEER PERMIT
Theodore J. F erring, &M East 13th
Street
Passed, adopted and approved
this lith dad- of September, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion M the resolution. Seconded
by Councilman Thorns. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler'Thorns.
Nays — None.
RESOLUTION NO. 299.72
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
th :Alanager be authorized to cause
to be issued to the following named
applicants a Beer Permit.
CLASS "B" BEER PERMIT
Theodore J. Ferring. 3&; East 131h
Street
TIE IT FURTHER RESOLVED
that the bonds filed with the ap-
plication be approved.
Passed, adopted and approved
this lith day of September, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
.-Ulan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
438 Special Session, September 11, 1972
by Councilman Thorns. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 300-72
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, Iowd 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
froth General Assembly, 1971.
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
Clarice E. Adams, 1091 White
Street
Duane C. Koeller, 1701 Asbury
Street
Passed, adopted and approved
this 11th day of September, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop.
tion of the resolution. Seconded
by Councilman Thorns. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 301.72
WHEREAS, applications for Li-
quor licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the State I.aw and all City ordi-
nances 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 ap.
plicants a Liquor license.
CLASS "C" (COMMERCIAL)
BEER
& LIQUOR LICENSE
Clarice E. Adams, 1091 White
Street
Duane C.
Koeller, 1701 Asbury
Street
Passed,
adopted and approved
this 11th
day of September, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Thorns. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 302-72
WHEREAS, the people of the
City of Dubuque, Iowa were shock-
ed at the recent episodes resulting
in the death of eleven Israeli Oly-
mpic athletes; and
WHEREAS, the City Council of
the City of Dubuque, Iowa speak-
ing as the voice of the people
of the City of Dubuque, Iowa de-
sire to express their heartfelt sym-
pathies to the people of Israel:
NOW TI-IERFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Mayor be
and he is hereby authorized and
directed to send communication to
the Israeli Embassy at Washing
ton, D.C. expressing the heartfelt
sympathies of the City Council of
the City of Dubuque, Iowa for and
on behalf of the people of the
City of Dubuque, Iowa to the fa-
milies and to the people who lost
a priceless treasure In the death
of the Israeli Olympic athletes.
Special Session, September 11, 1972 439
Passed, approved and adopted
this lith day of September, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Justmann moved
adoption of the resolution. Second-
ed by Councilman Bitter. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, 'Ihoms.
Nays — None.
There being no further business
Councilman Pregler moved to ad-
journ. Seconded by Councilman
Bitter. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter. Justmann,
Pregler, 'Moms.
Nays — None.
Leo F. Frommelt
City Clerk
Approved December 18 1972
Adopted December 18 1972
440 Special Session, September 18, 1972
CITY COUNCIL
OFFICIAL
Special session, September 18,
1972.
Council met at 7:30 P.M. (D.S.T.)
Present — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Absent — City Manager Gilbert
D. Chavanelle (out of City)
Mayor Moldenhauer read the call
and stated that service thereof had
been duly made and this meeting
is called for the purpose of con-
ducting a public hearing on the
receipt of bids for the construction
of Dome Covers and Grading for
the Waste Water Treatment Faci.
lities and actin;; inion such other
business as may properly come
before a rc,ular meeting of the
Council.
Communication of Dubuque
Board of Realtors submitting a
resolution passed by their body
on Septemher 13, urging the Coun-
cil to vote favorably for the pro-
posed Freeway, presented and
read. Councilman Pregler moved
that the communication be re-
ceived and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Communication of League of Wo-
men Voters suggesting the appoint-
ment of a Citizens Committee in
planning and representing all areas
of the community in the develop-
ment of the freeway, presented
and read. Councilman Pregler
moved that the communication be
received and filed. Seconded by
Councilman Justmann. Carried b•:
the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Communication of John P. Sch-
reiber et ux, suggesting that the
Council consider all aspects and
impact of the freeway on the com-
munity and not just the economics
of it, presented and read. Coun.
cilman Pregler moved that the
communication be received and
filed. Seconded by Councilman
Justmann. Carried by the follow•
ing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoma.
Nays — None.
September 12, 1972
Honorable Mayor
and Council Members
In accordance with the respon.
sibilities of the Dubuque Planning
and Zoning Commission as pre.
scribed in Chapter 373 of the Code
of Iowa, we herewith submit this
report and our recommendations
on the Dubuque North-South Free
way Corridor Study.
The Dubuque Planning and Zon.
ing Commission has endeavored
to maintain a Comprehensive Plan
for the orderly, unified develop-
ment of the entire community. The
Comprehensive Plan for Dubuque,
or Gruen Plan, has anticipated se-
veral long term trends in the Cor-
ridor Study Area that run counter
to local goals for a stable and
attractive community. The purpose
of this report is to re-examine
the Comprehensive Plan and its
goals for the further development
of the Corridor Study Area, and
to evaluate the proposed North-
South Freeway location in relation
to that Plan.
We have also recommended se-
veral steps which we feel would
be essential to the success of the
Freeway design process. We hope
you will find them helpful.
George Deininger,
Chairman
Councilman Pregler moved that
the communication be received and
filed. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thorns.
Nays — None.
Communication of Kiwanis Club
calling attention to "Kiwanis Kids
Day Peanut Sale" and submitting
a list of projects showing that over
$8000. was given to various youth
groups.
Mayor Moldenhauer moved that
the rules be suspended in order
to let anyone address the Council
if they so desire. Seconded by
Councilman Pregler. Carried by
the following vote:
Special Session, September 18, 1972 .141
Yeas — Mayor Moldenhauer,
councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Mr. Glenn Johnson of Kiwanis
submitted an activity report. Coun-
cilman Pregler moved that the
communication be received and
filed and Council fully support the
project. Seconded by Councilman
Bitter. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
Communication of Dubuque Pip-
ing Contractors Assn. Inc. wishing
to be recognized as an organiza-
tion and bargaining party and to
work on any committee, presented
and read. Councilman Pregler
moved that the communication be
referrrd to the Manager and Per-
sonnel Director for investigation
and report. Seconded by Council
man Thoms. Carried by the fol -
;owing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann
Pregler, Thoms.
Nays -- None.
September 13, 1972
'ro the Honorable Mayor
and City Council
On September 12th, the Dubuque
County Democratic Central Com-
mittee requested a permit to walk
from Loras College with R. Sargent
Shriver to 1125 Main St. and as
semble.
Due to the timing of the request
permit 0268 was issued for Thurs.
day, September 14th, commencir.
at 3:30 P.M.
Gilbert D. Chavenelle
City Manager
Mayor Moldenhauer moved to
concur in the action of the Mana-
„er. Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas -- Mayor Moldenhauer,
Councilmen B i t t. a r, Justinam,
Pregler, Thoms.
Nays — None.
September 14, 1972
7'o the Honorable Mayor
and City Council
1 am returning a petition f,
street lights on Pinard Street.
The Area has been inspected
it is recommended that a 4000
lumen incandescent light he i
stalled at the rear property line
between 1534 and 2540 Elm S r
Gilbert D. Chavenellc
City Manager
Mayor Moldenhauer moved ap-
proval of the recommendation. S
conded by Councilman Justmann.
Carried by the following yr
Was — Mayor Moldenhauer,
t'auncilmen Bitter, Justm
Pregler, Thoms.
Nays — None.
September 13, 1972
Honorable Mayor
and City Council
During the extensive negotiation,
for the securing of casements and
rights-of-way in connection with th(
entire flood control program one
item has remained outstanding and
that is the finalizing of negotia-
tions with Mr. John Luber.
As you know, Mr. Luber owns
a parcel of real estate imme;
ly adjacent to Moldt Electric on
the east and abutted Front Street
and by reason of the erection of
the flood wall the access to t'
Luber property was materilly af-
fected thereby necessitating com-
pensation to Mr. Luber for the
denial of access to and from his
property as relates to Front Street.
Extensive negotiations have been
held with Mr. Luber who has fi-
nally made offer of settlement in
the amount of $1,000.00 and it is
thf, recommendation of the City
Attorney that said offer of settle-
ment be accepted and the City
Auditor be instructed to draw war-
rant payable to Mr. Luber and
transmit same to the City Attor-
ney for delivery to Mr. Luber upon
receipt of duly executed releases
and discharges.
R. N. Russo
City Attorney
Councilman Pregler moved ap-
proval of the recommendation. Se-
conded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen 13 i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
September 14, 1972
Honorable Mayor
and City Council
On March 2, 1972, Patricia M.
Scott was awarded $5,000.00 by
District Court jury after the trial
thereof, and judgment entered
against trite City accordingly.
442 Special Session, September 18, 1972
Since the return of the jury ver-
dict, the City Attorney's office ti.:
made the usual post -trial motions,
all of which have been overruled
The plaintiff has made an offer
of settlement of said jury verdict
for the total sum of $4,250.00 and
the costs of the proceedings, and
said amount be payable in the
amount of $2,250.00 presently and
the remainder of $2,000.00 payable
on or before January 5, 1973.
It is the recommendation of the
City Attorney's office that said of
fer of settlement be accepted and
the City Auditor be instructed tc
draw warrant payable to Patricia
Scott and her attorney, Victor H
Sprengelmeyer in the sum of
$2.250.00 and transmit same to th
City Attorney for delivery to plain-
tiff upon presentation of partir
satisfaction judgment.
Court costs in the amount
$92.18 be paid. Copy of the pro-
ceedings is attached hereto.
R. N. Russo
City Attorney
Councilman Pregler moved ap-
proval of the recommendation. Se
conded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann
Pregler, Thoms.
Nays — None.
September 15. 1972
Honorable Mayor
and City Council
Mr. and Mrs. LeRoy Steint -
2704 Andrew Court, this City, filed
claim against the City of Dubuque
in the amount of $250.00 as the
result of damages resulting from
a backup of sewer.
This matter has received exten-
sive study and examination and
survey and the various points of
contention have appeared through-
out this proceedings to suggest ex-
tensive and protracted litigation
for the City of Dubuque in the
event that said claimants desire
to pursue their claim.
Accordingly, the claimants have
made an offer of compromise and
settlement of all their claims for
the sum of $200.00 and it is the
recommendation of the City At-
torney's office that said offer of
settlement be accepted and that
the City Auditor be instructed to
draw warrant payable to LeRoy
Steines and Betty Steines, husband
and wife, in the amount of $20o.00
and transmit same to the City At.
torney for delivery to LeRoy Stei.
nes and Betty Steines upon receipt
of executed release.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Counc iman Pregler moved ap-
proval of the recommendation. Se-
conded by Councilman Justmann,
Carried by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notice of Claim of E. D. For.
slund, in the amount of $171.99,
for car damage incurred as the
result of driving into an excava-
tion on North Grandview on 9-11-72,
presented and read. Mayor Mol-
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 Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notice of Claim of General Ca-
sualty advising the City of its lia-
bility in the cage of Mrs. 111odesta
Kemp falling on a defective side-
walk at 52 Bluff Street, which is
owned by their insured John V.
Backes, said injury happened on
August 24, 1972, presented and
read. Mayor Moldenhauer moved
that the notice of claim be referred
to the City Solicitor for investi-
gation and report. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Noitce of claim of Raymond L.
Martin, in the amount of $60, for
car damage incurred on Rockdale
Road on September 13, 1972 due
to condition of gravel and mud
on the road as the result of a
storm, presented and read. Mayor
Moldenhauer moved that the no -
of claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Pregler. Carried by the following
vote:
Special Session, September 19, 1972 493
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notice of claim of Myron Hames.
in the amount of $29.13, for ex-
pense incurred as the result of
a backed -up sewer at 1IW92 Rose-
dale on August 2, 1972, presented
and read. Mayor Moldenhauer
moved that the notice of claim
be referred to the City Solicitor
for investigation and report. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Delos Dorweiler re-
questing rezoning of Lot 10 of
Illock 3 of Mettel Link Sub. from
its present classification to Busi-
ness "B" classification, presented
and read. Councilman Pregler
moved that the petition be referred
to the Planning & Zoning Com-
mission. Seconded by Councilman
Thoms. Carried by the following
'.'ole:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Merl F. & Margaret
E. Goerdt requesting annexation
of 11 acres fronting on Sheridan
Road and Peru Road and rezoning
of Multiple Residence District and
subsection (in) thereof to allow
a mobile home park on the fol-
lowing described property: Lot 1
Of 1 of 1 of 3 of 1 of Sub. of
Lot 1 of 1 of 1 and Lot 2 of
1 of 1 of M. L. 324, Section 12,
T tp 89 N. R. 2 E. 5 P. M. and
Lot 1 of 1 of M. L. 323, Lot
1 of 1 of 2 of At. L. 324, and
Lot 94 in O'Neills Riverview in
Dubuque Twp, presented and read.
Councilman Justmann moved that
the petition be referred to the City
Manager for proper procedure. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Brrokside Dairy Inc.
requesting a refund of $75 on the
unexpired portion of cigarette li-
cense No. 239, as they have dis-
continued business on 9.5-72, pre-
sented and read. Councilman Preg-
ler moved that the refund be grant-
ed and the Auditor instructed to
issue proper warrant. Seconded by
Mayor Moldenhauer. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, Thoms.
Nays — None.
Petition of William L. Me.
Donough requesting a refund of
$225 on the unexpired portion of
Class B Beer permit No. 2658,
as he has discontinued business
on 9-9.72, presented and read.
Councilman Pregler moved that
the refund be granted and the
Anditor instructed to issue proper
warrant. Seconded by Mayor Mol-
denhauer. Carried by the follow.
ing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays --- None.
RESOLUTION NO. 303.72
WHEREAS, on the 21st day of
August, 1972, the City of Dubuque,
Iowa, for valuable consideration,
did quit claim unto Sisters of St.
Francis of Dubuque County, Iowa
and Mt. Calvary Cemetery Associa-
tion all of its right, title and in-
terest in part of a public street
lying within portions of Bethany
Addition and St. Francis Subdivi-
sion in the City of Dubuque, Iowa,
all pursuant to (1) Ordinance No.
-it-72 vacating said street. (2) pub-
lished notice of the time and place
of hearin;; to consider the proposal
to dispose of the interest of the
City of Dubuque, Iowa in and to
said public street, and (3) Reso
lution No. 269-72 disposing of any
interest of the City of Dubuque,
lows in said real estate and au-
thorizing and directing the execu-
tion and delivery of deeds of con-
veyance to Sisters of St. Francis
of Dubuque County, Iowa and Mt.
Calvary Cemetery Association quit
claiming any and all interest of
the City of Dubuque, Iowa in said
real estate; and
WHEREAS, said real estate va-
cated and disposed of by the City
of Dubuque, Iowa was described
in said quit claim deeds executed
and delivered to Sisters of St. Fran-
cis of Dubuque County, Iowa and
Mt. Calvary Cemetery Association
444 Special Session, September 18, 1972
by reference to a plat which had
not yet been filed of record: and
WHEREAS, there is now on file
in the real estate records of Du-
buque County, Iowa, as Instrument
No. 6378-72, the plat of said public
street which was heretofore quit
claimed by the City of Dubuque.
Iowa to Sisters of St. Francis of
Dubuque County, Iowa and Mt.
Calvary Cemetery Association on
August 21, 1972; and
WHEREAS, the City of Dubuque,
Iowa now determines that it should
execute and deliver to Sisters of
St. Francis of Dubuque County,
Iowa and Mt. Calvary Cemetery
Association quit claim deeds to
the real estate by reference to
the aforedescribed plat which is
now filed of record in Dubuque
County, Iowa, all in confirmation
of the prior quit claim deeds exe-
cuted and delivered to said gran-
tees.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN.
CIL OF THE CITY OF DUBU.
QUE, IOWA:
Section 1: That a quit claim
should be executed and delivered
by the City of Dubuque, Iowa con-
veying to Sisters of St. Francis
of Dubuque County, Iowa the fol-
lowing described real estate, to -
wit:
Lot "A" of Lot 1 of Lot 1 of
Bethany Addition, being comprised
of the 40 feet wide street and.
or road lying within Lot I of Lot
1 of Bethany Additon; Lot "A"
of Lot 4 of St. Francis Subdi.
vision, being comprised of the 40
feet wide street and -or road lying
between Lot 4 of St. Francis Sub-
division and Lot 2 of Lot 1 of
St. Francis Subdivision; Lot "A"
of Lot 1 of Lot 1 of Lot 3 0!
St. Francis Subdivision (except the
west 40 feet of the north 1320
feet thereof), being comprised of
the 40 feet wide street and -or road
lying within Lot 1 of Lot 1 of
Lot 3 of St. Francis Subdivision
(except the west 40 feet of the
north 1320 feet thereof) and ex
tending from above said Lot. "A"
Of Lot 1 of Lot 2 of Lot 1 of
Lot 3 to the south line of and
between Lot 2 of I.ot 1 of St.
Francis Subdivision and Lot 4 of
St. Francis Subdivision; and Lot
"A" of Lot 1 of Lot 2 of Lot
1 of Lot 3 of St. Francis Sub-
division (except the west 40 feet
of the north 1320 feet thereof),
being comprised of the 25 feet
wide street and -or road lying on
the east aide of Lot i of Lot 2
of Lot 1 of Lot 3 of St. Francis
Subdivision (except the west 40
feet of the north 1320 feet there-
of) and also including the 40 feet
wide street and -or road lying east
and west from east side of said
lot to west side of said lot, all
in Section 12, Township 89 North,
Range 2 East of the 5th P.M.,
being in Dubuque Township, Du-
buque County, Iowa, now in the
City of Dubuque, Iowa, according
to the recorded plat thereof, in
confirmation of the prior quit claim
deed dated August 21, 1972, con-
veying the same property to Sis-
ters of St. Francis of Dubuque
County, Iowa.
Section 2: That a quit claim
deed should be executed and de-
livered by the City of Dubuque,
Iowa conveying to Mt. Calvary Ce-
metery Association the following
described real estate, to -wit:
Lot "A" of Lot 2 of Lot 3 of
St. Francis Subdivision (except the
west 40 feet of the north 1320
feet thereof), being comprised of
the 25 feet wide street and -or road
lying on the east side of Lot 2
of Lot 3 of St. Francis Subdi-
vision ( except the west 40 feet
of the north 1320 feet thereof),
all in Section 12, Township 99
North, Range 2 East of the 5th
P.M., being in Dubuque Township
Dubuque County, Iowa, now in the
City of Dubuque, Iowa, according
to the recorded plat thereof, in
confirmation of the prior quit claim
deed dated August 21, 1972, con-
veying the same property to Mt.
Calvary Cemetery Association.
Section 3: That the Mayor and
City Clerk of the City of Dubu-
que, Iowa are hereby authorized
and directed to execute the fore-
going deeds on behalf of the City
of Dubuque, Iowa.
Section 4: That the City Clerk
of the City of Dubuque, Iowa be
and he is hereby authorized and
directed to deliver the foregoing
deeds of conveyance to Sisters of
St. Francis of Dubuque County,
Iowa and Mt. Calvary Cemetery
Association upon the execution of
said deeds.
Special Session, September 18, 1972 445
Section S. That the City Clerk
of the City of Dubuque, Iowa be
and he is hereby authorized and
directed to record a certified copy
of this Resolution in the office
of the Dubuque County Recorder.
Passed, approved and adopted
this 18th day of September, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop.
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t. a r, Justmann,
Pregler, Thorns.
Nays — None.
September 15, 1972
To the Honorable Mayor
and City Council
Re: Iowa State Water Pollution.
Control Commission, Consent
Order. :
As a result of the meeting call-
ed by J. Edward Brown, Hearing
Officer of the Iowa Water Pollu-
tion Control Commission on July
25, 1972 in the State Department
Of Health Office in Des Moines,
Iowa, the Commission has served
the City of Dubuque with a "Con-
sent Order". This places the City
under penalty of law to comply
with certain constraints concern-
ing the discharge of lime sludge
from the municipal water plant
to the Mississippi River.
A copy of the Consent Order
has been attached for your re.
view. You will note that a time
table as to the completion of dif-
ferent phases are set out in de.
tail and the City of Dubuque shall
submit a progress report every
60 days beginning September 1,
1972.
We have been informed by the
Iowa State Department of Health
that the signing of this Consent
Order by the City is mandatory
in order to continue the discharging
Of lime sludge until the comple.
tion of the required waste treat.
ment facilities which must be coin-
Weted by Match 1, 1976.
We respectfully request your Ho.
morable Body's authorization to ex.
ecute this "Consent Order" on be-
half of the City of Dubuque.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the communication be received and
filed. Seconded by Mayor Molden-
hauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t c r, .Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 3o4.72
NOW, THEREFORE BE IT RE.
SOLVED by the City Council of
the City of Dubuque, Iowa:
That the City Manager be and
is hereby authorized and directed
to execute a Consent Order with
the Iowa Water Pollution Commis.
sion, a copy of which is attached,
concerning the discharge of lime
sludge from the municipal water
treatment plant facility, including
the: required facilities which will
eliminate the pollution condition,
and construction schedules, as be-
ing accomplished to abate the pol-
ution of the Mississippi River be-
low Dubuque, Iowa.
Passed, approved and adopted
this 18th day of September, 1972,
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Proof of Publication of notice
of taking bids of construction of
Waste Water Treatment Facilities
Phase II -- Contract HA -3 ea.
9' dia. Prim0ary Clarifier Covers
and 2 ea. 195' dia. Trickling Fil-
ter covers; Contract IIB — 1 ea.
Grit Grease Unit Cover, Exhaust
Air Scrubbers, flow metering and
trampling, electrical; Contract IIC-
Secondary Treatment Site Grading
448 Special Session, September 18, 1972
30,000 c. y. presented and read
No written objections were filed
and no oral objectors were present
at the time of the public hearing.
City Engineer White stated that
the bids received on the covers
seemed to be in line. However
the bids on the ventilation system
and the Grading bids were too
high and they would like to re -bid.
Councilman Pregler moved that
the proof of publication be received
and filed and the City Engineer
proceed with the dome construc-
tion. Seconded by Councilman Bit-
ter. Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Mr. Richard Fuerst of 1895 Roo-
sevelt St. addressed the Council
relative to the conditions existing
in the alley to the rear of his
home. He was assured that his
written petition is receiving due
attention.
Councilman Pregler moved at
8:37 P.M. to go into executive
session to discuss personalities and
names for appointment to the
Youth Services. Seconded by Ma-
yor Moldenhauer. Carried by the
following vote:
Yeas — Mayor .Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns,
Nays -- None.
At 9:28 P. M. the Council re-
convened in regular session and
the Mayor announced the following
appointments to the Youth Ser-
vices Council: Pat Engling 2827
Central Ave., Ellen Ernst 899 Mt.
Carmel Road, Paul Healy 2005
Simpson St., Jan Lynch 1185 Solon
St., Michael Throup 2180 Keyway
Drive, Robyn Slattery 1743 Le
Lane, Dan Aldeman 829 W. Locu
St., David Sharpe 2333 Coventry
Park, Jeanette Streinz 7M Alta
Vista, David Berger 2284 Paisley
Court, Robert Humke l(K5 W. 3rd
St., Steve Strong 193 Kaufmann
Ave.
Councilman Pregler moved rati-
fication of the appointments. Se.
conded by Councilman Bitter. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter. Justmann,
Pregler, Thorns.
Nays — None.
There being no further business
Councilman Pregler moved to ad-
journ. Seconded by Councilman
Thorns. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Leo F. Frommelt
City Clerk
Approved December 18 1972
Adopted December 18 1972
Special Session, September 25, 1972 417
CITY (OUNCIL
OFFICIAL
Special session, September 25,
1972.
Council Met at 7:30 P.M. (C.
D. T.)
Present — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms. City M a n a ger
Gilbert D. Chavenelie.
Mayor Moldenhauer read the call
and stated that service thereof had
been duly made and this meeting
is called for the purpose of au-
thorizing the publication of Notice
cf Sale of Project Notes, Fifth
Series 1972, and the receiving of
Proposals for the Sale of said note
for the Downtown Urban Renewal
Project Iowa R-15, and acting u-
pon such other business as may
properly come before a regular
meeting of the Council.
o.t man Pre -
,ler moved that
the rules be suspended in order
to let anyone present address the
Council it they so desire. Second-
ed by Councilman Justmann. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pre -ler, Thoms.
Nays — None.
Mr. Lester btreiaz, Secretary and
Manager of the Dubuque Automo-
bile Club, presented the Mayor
with a Pedestrian Safety Inven-
tory Special Citation Plaque, for
cities from 50,W0 to 100,000 popu-
lation, indicating a perfect Casual-
ty Record for 1971. Mr. Streinz stat-
ed that fifteen cities out of one
hundred forty nine reported, but
only three cities in the State of
Iowa.
Communication of South D u-
buque Businessmen's Committee
requesting to forestall approval of
the Dodge Street -Locust Street
expressway routes until a thorough
study is made regarding a feasible
alternate route, presented and
read. Councilman Bitter moved
that the communication be receiv.
ed and filed and referred to Coun.
cil and Consultants. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas -- Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Communication of M. V. Nichol-
y n submitting copy of a letter
sent to the Highway Commission
objecting to the proposed freeway.
presented and read. Councilman
Bitter moved that the communi-
cation be received and filed and
referred to the Council and Con-
sultants. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Communication of Joseph C. Hie-
hel requesting a favorable vote
on the proposed freeway, presented
and read. Councilman Bitter mov
ed that the communication be re-
ceived and filed and referred to
the Council and Consultants. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter. Justmann,
Pregler, Thoma.
Nays — None.
Communication of Mary Juer-
gens indicating that the proposed
freeway would be of great bene-
fit to the populace and urging ap
proval of the project, presented
and read. Councilman Bitter mov-
ed that the communication be re-
ceived and filed, and referred to
the Council and Consultants. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, Thoms.
Nays None.
Communication of Sacred Heart
Parish Board of Education object-
ing to the present Couler Valley
alignment of the North-South free-
way, presented and read. Coun-
cilman Bitter moved that the com-
munication be received and filed
and referred to the Council and
consultants. Seconded by Council-
man Pregler. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Communication of Robert M.
Tunstall indicating complete sup-
port of the proposed freeway 520
West and 561 South and a new
hridge to replace the old one in
148 Special Session. September 25, 1972
the north end of the City, presented
and read. Councilman Bitter mov-
ed that the communication be re-
ceived and filed and referred to
the Council and consultants. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
September 18, 1972
To the Honorable Mayor and
Members of the City Council
In accordance with the provi-
sions of Chapter 365 of the Code
of Iowa, 1971, the Civil Service
Commission conducted Promotion-
al Examinations on July 26, 1972
for the position of Fire Assistant
Chief Training Officer. The test
consisted of P.P.A and local ques-
tions and answers plus an oral
examination.
The following members of the
Fire Department passed the writ-
ten and oral examinations with
an average of seventy per cent
or better.
Ruden, Richard W. 84.2%
Link, Lyle R. 76.3%
Andresen, James P. 75.7%
Cherrier, William E. 74.4%
Miller, James C. 72.6%
Pregler, John P. 71.410
All promotions from the Fire
Department., from the aforemen-
tioned test should be made from
this list.
Gerard B. Noonan
Chairman
Louis F. Fautsch
Marvin A. VanSickle
Civil Service
Commissioners
Attest:
Leo F. Frommelt
City Clerk
Subscribed and sworn to before
me this 18th day of September
1972.
Eugene J. Berens
Notary Public
Councilman Pregler moved that
the communication be received
and filed and made a matter of
record. Seconded by Mayor Mol-
denhauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
g)teniher 15, 1972
Printed Council proceedings for
the month of June 1972 presented
for approval. Councilman Pregler
moved that the printed Council
proceedings for the month of June
1972 be approved as printed. Se.
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
Proof of Publication, certified to
by the Publisher, of Statement of
Receipts and a list of claims and
Disbursements from the month of
August 1972, presented and read.
Councilman Pregler moved that
the proof of publication be re-
ceived and filed. Seconded by May-
or Moldenhauer. Carried by the
following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays -- None.
September 19. 1972
To the Honorable Mayor
Members of the City Council
This is to advise that. I have
approved the following policy and
bond, and desire to have your ap
proval on same.
Comprehensive Liability
Curtis Staub Company, State Au-
tomobile & Casualty Underwri-
ters
Sidewalk
Paul M. & Lyle J. Dimmer, The
Aetna Casualty & Surety Co.
D -B -A Dimmer Bros. Concrete Con
tractors
Gilbert D. Chavenelle
City Manger
Councilman Pregler moved for
filing of policy and bond subject
to approval of the City Attorney.
Seconded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
Notice of Claim of Peter R. Tim-
merman, in the amount of $400•,
for expense and damage incurred
as the result of a sanitary sewer
back-up into the basement of his
home at 1980 Lincoln Ave. on Au-
gust 2nd and September 13, 1972
presented and read.
Mayor Moldenhauer moved that
the notice of claim be referred
to the City Solicitor for investi-
Special Session, September 25, 1972 149
gation and report. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler. Thoms.
Nays — None.
Notice of Claim of Richard A.
Heyer, in the amount of $425..
for damage incurred as the result
of a sanitary sewer back-up into
his home at 2085 Roosevelt Street
on August 2nd and September 12th
igV, presented and read. Mayor
1loldenbauer moved that the notice
of claim be referred to the City
,kkcitor for investigation and re -
;,ort. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r Justmann
Pregler, Thoms.
Nays — None.
Notice of Claim of Kenneth N.
Kunkel, in the amount of $597.95
for damage incurred as the result
of a sanitary sewer back-up into
the basement of his home at
1970 Lincoln Ave. on August 2nd
and September 13th, 1972, present-
ed and read. Mayor Moldenhauer
moved that the notice of claim
he referred to the City Solicitor
for investigation and report. Se-
conded by Councilman Thoms. Car-
ried by the following bate:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Naps — None.
Notice of claim of James R.
Denman, in the amount of 3=0)
for damage incurred as the re.
sult of a sanitary sewer back-up
into the basement of his home
at M N Booth Street. on August
2nd and September 13, 1972, pre-
sented and read. Mayor Molden-
hauer moved that the notice of
claim be referred to the City So-
licitor for investigation and report.
Seconded by Councilman Thoms.
Carried by the following vote:
Year, — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Notice of claim of Miss Rose-
marie J. Wick, in an undetermined
amount, for personal injuries re-
ceived in a fall at 16th and Cen-
Iral Ave., on August 20, 1972, pre-
sented and read. Mayor Molden.
haver moved that the notice of
claim be referred to the City So.
licitor for investigation and report.
Seconded by Councilman Thoms.
Carried by the following vote:
Yeas Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
Notice of Suit by Clin-Que Inc..
in the amount of $5,993.50 as the
result of a dispute over payment
of connection fees for water ser-
vice as agreed on October 28, 1968
affecting property owners along Sy
-
Ivan Drive, Bies Drive, & Kebbie
Drive, presented and read. Mayor
Moldenhauer moved that the notice
of Suit be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Tboms.
Nays — None.
Petition of Dick Loetscher re-
questing permission to excavate
in Pennsylvania Avenue for sewer
and water installations, presented
and read. Councilman Bitter mov-
ed approval of the request. Se-
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor M7ldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
Petition of Loras College Home
coming Committee requesting per-
mission to conduct a parade on
October 14th from ten A.M. to
Eleven Thirty A. M., presented
and read. Councilman Bitter mov-
ed approval of the request and
referral to the City Manager for
implementation. Seconded by Map
yor Moldenhauer. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays -- None.
Petition of Dubuque Jaycees re-
luesting permission to conduct their
annual Honey Sunday project on
October 1st, presented and read.
Councilman Bitter moved approval
of the request with referral to
the City Manager for implemen-
tation. Seconded by Mayor Mol-
denhauer. Carried by the follow
int; vote:
450 Special Session, September 25, 1972
Yeas — Mayor Moldenhauer,
Councilmen Bitter. Justmann.
Pregler, Thorns.
Nays — None.
Petition of Metz Mfg. Co. re-
questing vacation of an alley run
ning through their property be-
tween E. 16th Street and E 17t
Street and between Elm and Pine,
prior to disposal of their propel
ty, presented and read. Council-
man Bitter moved that the peti
tion be referred to the City Mana-
ger and Planning & Zoning Com
mission. Seconded by Mayor Mol-
denhauer. Carried by the followin;
vote:
Was — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays i None.
Petition of Frank Hardie Adver-
tising requesting permission to e-
rect. a sign at the Union Bus Sta
tion reading "Greyhound Lines"
said sign to be 2' x 4' (forwa
from meeting of 9-11-72), presented
and read. Mr. Art Esslinger of
the Hardie Sign Co. read a pre-
pared statement relative to the
erection of the sign. There was
same concern expressed that grant
ing this installation would have
some bearing on future sign erec
tions in the Urban Renewal area.
Councilman Thorns moved ar
proval of the sign request. Se-
conded by Councilman B i t t e r.
Carried by the following vote:
Yeas — Councilmen B i t t e r,
Pregler, Thorns.
Nays — Mayor Moldenhauer,
Councilman Justmann.
Petition of Mercy Medical Cen.
ter requesting that the Board of
Adjustment direct the Building
Commissioner to issue a building
permit for construction and oper
ation of a physician's office build -
int; with facilities for dispensin
and sale of drugs, presented and
read. Councilman Thorns moved
that the petition be referred to
the City Solicitor. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler. Thoms.
Nays—None.
Petition of ,Jerry L. Udelhofen re-
questing a refund of $75. on the
unexpired portion of cigarette li-
cense No. 105 as he has discon
tinued business on August 1, 1972,
presented and read. Councilma,
Pregler moved that the refund be
granted and the Auditor instructed,
to issue proper warrant. Seconded
by Councilman Bitter. Carried by
Oe following vote:
Yeas — Mayor Moldenhan
Councilmen B i t t e r, Justmann.
Pregler, Thorns.
Nays — None.
Petition of Frank L.icciardi re-
questing a refund of $125, on the
unexpired portion of Liquor In-
cense No. C-1142 as he has discos-
inued business on September
1972, presented and read. Coun.
cilman Pregler moved that the re-
fund be granted and the Auditor
instructed to issue proper warran
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,.
Pregler. Thorns.
Naps — None.
RESOLUTION NO. 305.72
Authorizing the publication of no-
tice of sale of Project Notes (fifth
series 1972) and the receiving of
proposals for the sale of said notes
for the Downlown Urban Renewal
Project, Iowa R-15
WHEREAS, under date of July
26, 1967, the City of Dubuque en-
tered into a Loan and Capital
Grant Contract for the undertaking
of the Downtown Urban Renewal.
Project, Iowa R-15; and
WHEREAS, under date of Jul-.
3, 1972, the Council of the City
of Dubuque adopted Resolution No.
213-72 authorizing to be issued,
from time to time, Project Note
in connection with the Downtown
Urban Renewal Project, Iowa R
15; and
WHEREAS, under date of Jun
12, 1972, the Council of the City
of Dubuque authorized the issuance
and sale of its Project Notes in
the aggregate principal amount of
$1,432,040 to finance certain under-
takings in connection with tho
Downtown Urban Renewal Project,
Iowa R-15; and
WHEREAS, in order to refinance
said outstanding Project Notes and
to provide additional funds for pro-
ket activities, it is necessary for
the City of Dubuque to sel! Project
Notes (Fifth Series 1972) totalin^
$1,725,0(X); now therefore
Special Session, September 25, 1972 451
BE IT RESOLVED BY THY.
CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City Clerk
be and he is hereby authorizer,
and directed to publish according
to law, "Notice of Sale - Projcc,
Notes" in the form of Exhibit "A"
attached hereto and made a part
hereof.
Section 2. That the City Clerk
be and he is hereby authorized
and directed to accept and tabulate
proposals for the sale of said notes
and to send telegrams of accep-
tance to the low bidder or bidders
all in accordance with instruction
covering such transactions as pro-
vided by the Department of Hous-
ing and Urban Development, Unit-
ed States of America.
Section 3. That a meeting of
the Council of the City of Dubuque
shall be held after the bid opening
date of October 11, 1972, to adopt
such resolution or resolutions ne-
cessary for the consummation of
the sale of Project Notes ( Fifth
Series 1972) to the lowest bidder
or bidders.
Passed, approved and adopted
this 25th day of September, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
NOTICE OF SALE
PROJECT NOTES
City of Dubuque, Iowa
(Name of Local Issuing Agency)
Sealed proposals will be received
by City of Dubuque, Iowa (herein
called the "Local Issuing Agency")
at Council Chambers, City Hall
in the City of Dubuque, State of
Iowa, until, and publicly opened
at, One o'clock P.M. (E.S.T.) on
October 11, 1972, for the purchase
Of $1,725,000 of Project Notes ( Fifth
Series 1972), being issued to aid
in financing its project(s) as fol-
lows:
Amount, $1,725,000. Series, Fifth
1972, Maturity, May 4, 1973.
The Notes will be dated Novem•
ber 8, 1972, will be payable to
bearer on the Maturity Date, and
will bear interest at the rate or
rates per annum fixed in the pro-
posal or proposals accepted for
the purchase of such Notes.
All proposals for the purchase
of said Notes shall be submitted
in a form approved by the Local
Issuing Agency. Copies of such
form of proposal and information
concerning the Notes may be ob-
tained from the Local Issuing
Agency at the address indicated
above. Detailed information with
respect to the conditions of this
sale may be obtained from the
September 26, 1972 issue of The
Daily Bond Buyer.
City of Dubuque, Iowa
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Communication of League of Io-
wa Municipalities relative to a plan
for the 1973 Legislature, (forward
from meetings of 9-5, 9-11,) pre
rented and read. Councilman Bitter
moved that the communication be
received and filed. Seconded by
Councilman Pregler. Carried b
the following vote:
Yeas — Mayor Moldenhauer.
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
The following State Legislators
and Candidates were in attendance
and took part in discussing the
proposed Legislative program for
1973 as outlined by the League
of Iowa Municipalites. Senator
Gene Kennedy, Senator J o h n
Walsh, Representative Michael
Blouin, Mr. Robert Carr, Mr. Jo-
seph Clark, Mr. William Heitzman,
Mr. Robin Steele.
There being no further business
Councilman Bitter moved to ad-
journ. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Leo F. Frommelt
City Clerk
452 Special Session, September 25, 1972
Approved December 18 1972
Adopted December 18 1972
Special Session, September 26, 1972 453
CITY COUNCIL
OFFICIAL
Special session, September 26,
1972.
Council met at 12:00 noon (C.D.
T.)
Present -- Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns. City Manager Gil-
bert D. Chavenelle,
Mayor Moldenhauer react the call
and stated that service thereof had
been duly made and this meeting
is called for the purpose of adopt-
ing a resolution providing for the
sale and award of $1,000,000 sewer
bonds and approving and authoriz-
ing the agreement of such sale
and award, also adop ion of an
ordinance authorizing the Issuance
of $1,000,000 sower bonds and
providing for the levy of taxes to
pay for same and acting upon
such other business as may prop-
erly come before a regular meet-
ing of the Council.
Proof of Publication, certified to
by the Publisher, of notice of meet
ing for issuance of sewer bonds,
presented and read. Councilman
Pregler moved that the proof of
publication be recieved and filed.
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas -- Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None,
Proof of Publication, certified to
by the Publisher, of Notice of sale
of sewer bonds in the amount of
$1,000,000 presented and read. No
written objections were filed and
no oral objectors were present at
the time set for the public hear-
ing.
Councilman Pregler moved that
the proof of publication be re
ceived and filed. Seconded by
Councilman Bitter. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
'.Nays — None.
Mayor Moldenhauer issued a call
for receipt of oral buds. No one
Present responded to the call and
the time: for receipt of oral bids
was terminated.
The following sealed bids were
opened and read:
Bidders Price Coupon Rates.
Net Interest Rate,
Continental Illinois National
Bank and Trust Company of Chi-
cago, AWARDED, 100.0729, 1974-
78 3?4%, 19-49-81, 4.00%, 198 83,
4'4%. 3.99261%.
Walston & Co., Inc., New York,
Manager Shearson, Hammill & Co.,
Inc., New York Blair A. Phillips
Co., Inc., Davenport, 100.0159, 1974,
414 %, 1975-78 3?4 %, 1979-81 4.00%,
1982-83, 4Y4%, 4.01678%.
Harris Trust and Savings Bank,
Chicago, 100.2319, 1974-80, 4.00%,
1981.82, 1.10, 1983.12()%, 4.0274`,'x.
The Northern Trust Company,
Chicago, Manager Dain, Kalman
& Quaii, Inc., Minneapolis Shaw,
McDermott & Co., Des Moines Cen-
tral National Bank and Trust Co.,
Des Moines, 100.0101 1974 41/4%,
1975-78 3.90%, 1979-81, 4%, 1982-
83, 444%, 4.05921%.
LaSalle National Bank, Chicago,
Manager Blunt Ellis & Simmons,
Chicago Piper, Jaffray & Hopwood,
Inc., Minneapolis, 100.0120, 1974-
414 `'t, 1976-'j9, 3.90%, 1980.81,
4.00%n, 1982-83, 41:0 `,c', 4.0643c,0.
Mercantile Trust Company, N.A.,
St. Louis and Carleton D. Beh
Co., Des Moines, Jointly, 100.360,
111+7481, 4.00%, 1982, 4.20%, 1983,
4.30%u, 4.076%n.
Iowa -Des Moines National Bank,
Des Moines, 100.0568, 1974-80, 4%,
1981, 4.10%, 1982-83, 41.4%, 4.0859.
R. G. Dickinson & Co., D e s
Moines, 100.0270, 1974, 4.20%, 1975-
711. 3.90%, 1980-82, 4.20%, 1983, 444%
4.0886.
The First National Bank of Chi-
cago and William Blair & Com-
pany, Chicago, Jointly, 100.0707,
1974-77, 3%, 1978-80, 4.10%, 1981-
6;), 4.30%, 4.16605%.
A. S. Hart & Company, Inc.,
Memphis, 100.0000, 1974-80,4%, 1981
4.20%,, 1982-83, 4.307r, 4.17.46%.
V a n K a m pen, Wauterlek &
Brown, Inc., Chicago, 100.0300,
1974.76, 444°x, 1977.79, 4%, 1980,
4.10%, 1961-83, 41/4%, 4.1576.
The First National Bank and
'frust Co., Oklahoma City, 100.1059,
1974-79, 4%, 1980.81, 4.20%, 1982.83,
4.40,, 4.16525%.
Chemical Bank, New York, 100.
0977, 197479, 4(!", 1980-81, 420%,
1982.83, 4.40%, 4.16635%.
454 Special Session. September 26, 1972
First National Bank in St. Louis,
Manager Reinholdt & Gardner, St.
Louis American Fletcher N a t'1.
Bank & Trust Co. Indpls., Van
Horne Investments, Inc., Omaha,
loo.o619, 1974-77, 3.70%, 1978-81,
41/4%, 198283, 4.40%, 4.1704%.
Halsey, Stuart & Co., Inc., Chi-
cago, 100.0193, 1974.76, 4.30%, 1977,
4.10%, 1978-79, 4%, 1980, 4.10%,
1981-83, 4.30%, 4.197%.
First. National City Bank, New
York, 100.0366, 1974-75, 5.10%, 1976-
79, 4%, 1980-83, 41i%, 4.2251%.
The Chase Manhattan Bank, N.
A., New York, 100.06212, 1974-78,
4%, 1979.81, 4.30%, 1982.83, 4'i%,
4.2627%.
RESOLUTION NO. 306.72
RESOLUTION providing for the
sale and award of $1,000,000 Sewer
Bonds and approving and authoriz-
ing the agreement of such sale
and award.
WHEREAS notice of sale of
$1,000,000 Sewer Bonds of the City
of Dubuque, in Dubuque County,
Iowa, has heretofore been given
in strict compliance with the pro-
visions of Chapter 75 of the Code
of Iowa, by publication of notice
for two or more successive weeks
in a newspaper published in Du-
buque County; and
WHEREAS all sealed bids have
been received and placed on file,
after which open bids were called
for and received, the highest of
which open bids was as folowws:
the bid submitted by None, con-
sisting of par and accrued interest
plus a premium of None, with
the bonds to bear interest at the
following rates per annum:
Year of Interest
Maturity Rate
1974 None%
1975 %
1976 %
1977 %
1978 %
1979 %
1980 %
1981 %
1982 %
19,93 %
and thereafter such sealed bids
were opened, the substance of the
best sealed bid being as follows:
the bid submitted by Continental
Illionois National Bank and Trust
Company of Chicago consisting of
Par and accrued interest plus a
premium of $729.90, with the bonds
to bear interest at the following
rates per annum:
Year of Interest
Maturity Rate
1974 3ab%
1975 3:4 %
1976 33/4%
1977 33'4 %
19711 3%%
1979 4.0%
1980 4.0%
1981 4.0%
1982 4V4%
1983 4Y4%
NOW, "IEREFORE, Be It Re-
solved by the City Council of the
City of Dubuque, Iowa, as follows:
Section 1. That upon being ad-
vised in the premises it is hereby
determined that the bid of Con-
tinental Illinois National Bank and
Trust Company of Chicago for the
purchase of $1,000,000 Sewer Bonds,
as advertised, bearing interest at
the rates specified in the preamble
hereof, is the highest and best
bid received and that said bonds
be and the same are hereby award-
ed to said Cowinental Illinois Na-
tional Bank and Trust Company
of Chicago.
Section 2. That the form of agree-
ment of sale of said bonds to
Continental Illinois National Bank
and Trust Company of Chicago
be and the same is hereby ap-
proved, and the Mayor, City Clerk
and City Treasurer are hereby au-
thorized to execute said agreement
for and on behalf of the City of
Dubuque, Iowa, and to affix the
corporate seal of said City thereto.
Section 3. That all resolutions
or parts of resolutions in conflict
herewith be and the same are
hereby repealed.
Passed and approved September
26, 1972.
Wayne A. Moldenhauer
Mayor
Attest:
Leo F. Frommelt
City Clerk
Recorded September 26, 1972.
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Special Session, September 26, 1972 455
Councilman Pregler moved that
the bid checks be returned to the
unsuccessful bidders. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r. Justmann,
Pregler, Thoms.
'Jays — None.
ORDINANCE NO. 54.72
An Ordinance authorizing the is-
suance of $1,000,000 sewer bonds
and providing for the levy of taxes
to pay the same,
presented and read.
Mayor Moldenhauer moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
3fayor Moldenhauer moved that
the rule requiring an Ordinance
to be read on three separate day,
be waived. Seconded by Council-
man Pregler. Carried by the fol -
owing vote:
Yeas — Mayor Moldenhauer,
Councilmen li i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
ORDINANCE No. Sa-72
AN ORDINANCE authorizing the
issuance of S`,000.000 Sewer Bonds
and providing for the levy of
taxes to Pay the same.
WHEREAS the City of Dubuque, In
the County of Dubuque and State of
Iowa, herelotore, pursuant to and In
strict compliance with all laws APO' -
cable, lawfully ordered and providing
for building and conshucting sewers
and improving the sewer outlet and
Purifvinplant In and for said City.
the cost whereof, to the amount of
One Million Dollars (SIXW,000), is to
be Paid by srld City as it whole by
the Issuance of bonds: and
WHEREAS It is necessary and ad-
visable that provisions be made for
the issuance of such bonds of this
tame and notice and hearing on the
ini'aation of proceedings for such Is-
suance has heretofore been given In
manner and form required by Chap-
ters 23 and 408A of the Code of Iowa,
and no Petition nor protest has been
filed, and no petition has been filed
requesting the: the proposition of Is
suing said bonds be submitted to the
voters of said Cit
NOW, THEREFORE. Be It Ordained
by me City Council of the City of
Dubuque, Iowa, as follows:
Stolon 1, That pursuant to and as
euthorizad by Section 3% 22 of the
Code 0t Iowa, there shall be. and
there Is hereby ordered Issued the
negotiable Sewer Bonds of said City
Of Dubuque, In the Principal arnount
Of 51,000,000, said bonds to be 200 in
number, be numbered consecutively
from 1 to 200, both numbers Included.
Of the denomination of $5,000 each,
and to be dated November 1, 1972
That the bonds of said Issue shall
bear Interest born the data thereof at
the rates hereinafter specif ed, such In-
terest being VeYable Mav 1, 1973, and
semiannually fKereatfer on the first
days of November and may in each
Year until the principal thereof Is
Paid. Said bonds shall be signed by
the Mayor and Attested by the City
Clerk and the seeeppAl of said Cltv eNix-
ance and
the CltysiTreasu ertoands a
certificate. of such registration en.
dorsed thereon. Interest on said bonds
shell be ev dented by Coupons thereto
aYAched And maturing on the several
days when such interest matures,
which coupons shall be executed with
the facsimile signatures of.
of Said ficials, and said Mayor antl sSai Coo.
aid
Clerk by the execution ity
of said bonds,
shall adopt as and for Meir Proper
signatures their respective facsimile
signatures appearing on said Coupons.
Both principal and interest of said
bonds
of athe Unitbe ed 'in
Amer.
Treas-
ueraIntand ofctheClye f 6ubuque,
Iowa. Said bonds shall becomc due
and payable In their numerical order
on November 1 of lath of the re.
spective Years and shall bear Interest
at the rates as follows:
Yeargent Bond Rot.
lnt1974 $100,000 No20 334%
1975 100,000 21- iii 37A%
1976 100,000 41- 60 3a4%
1977 1 19 8 100,DOO 81-100 33496
1979 1 DO,000 101-120 4,0%
1980 100,000 121.140 4.0%
1981 100,000 141.16o 4. o%
1982 100,000 161.180 44496
Section 2. f said bonds
be subiect to registratlon as to Prin-
Cpal in the name of the holder on the
books of the City Treasurer, such
registration being noted upon each
bond so registered, and after such
registration payment of the principal
thereof shall be made only to the
registered holder. Any bond so reg.
istered upon the request In writing
of such holder personally or by at-
torneY-in-fact, may be transferred
either to a designated transferee or to
bearer, and the principal of any bond
so transferred and registered to bear-
er shall thereupon be and become
Payable to bearer In like manner as
if such bond had never been register.
ed Registration of any bonds as to
Principal shall not restrain the negoti-
Ablllty of the coupons thereto attached
by delivery merely.
Section 3. That said bonds, coupons
and provisions for registration be in
substantially the following form:
UNITED STATES OF AMERICA
STATE OF IOWA
COUNTY OF DUBUQUE
CITY OF DUBUQUE
No.
SEWER BOND
— DOD
KNOW ALL MEN BY TH9SE
PRESENTS: That the City of Du.
buque, In the County of Dubuuue And
Siete of Iowa, for value received,
ppromises to pay to bearer, or If this
bond be registered as to principal, to
the realstered holder hereof, the sum
oI Five Thousand Dollars ($5,000) on
the first day of November, 19 , with
interest on said sum from the date
hereof at the rate of per cent
I `?6) Per annum, payable May 1,
1973, and semiannually thereafter on
the first days of November and May
in each year until said Principal sum
:,s paid, all such Interest as may ac-
crue on and prior to the maturity of
this bond to be paid on presentation
and surrender of the interest coupons
hereto attached as they severalty ma-
ture. Both principal and interest of
this bond are parable in lawful money
of the United Slates of America at the
office of the City Treasurer In and of
In g Ci>v of Dubuuue, Iowa.
This bond is one of a series of bonds
Issued by the City of Dubuque Pursu-
ant to and In strict compliance with
the Provisions of Section 396.22 and
Chapter 76 of the Code of Iowa, 1966
and all laws amendatory thereof and
supplementary thereto, and in con-
formity with an ordinance of the City
Council of said City duly passed,
approved, recorded and Published for
the purpose of building and construct -
In yy sewers end Improving Me -ewer
outllL• and purifying plant in and for
said City.
And It Is Hereby Certified and Re-
cited that all acts, conditions and
456 Special Session, September 26, 1972
things required by the laws and Con-
stitution of the State of Iowa to
exist, to be had, to be done, or
to be Performed Precedent to and
in the issue of this bond, were and
have been Properly existent, had,
done and performed in regular and
due form and lime; that provision
has been made for the levy of a suf-
ficient continuing annual pax on all
the taxable Property within said City
for the payment of the principal and
Interest of this bend as the same
will respectively become due; that the
faith, credit, revenues and resources
and ail the real and personal property
of said City are irrevocably Pledged
for the prompt Payment hereof, both
nrincipal and interest; and that the
total indebtedness of said City, in-
cluding this bond, does not exceed
any cdnstitutiorlal or 5latutofy limita-
tions
This bond Is subject to registration
as to Principal in the name of the
holder on the books of the City Treas-
urer of said City, such registration to
be evidenced by notation of said
Treasurer on the back hereof, and
after such registration no transfer
hereof, except upon such books and
similarly noted hereon, shall be va d
un;ess the last registration shall have
been to bearer. Registration hereof
shall not affect the negotiability of
the coupons hereto attached, which
shall continue negotiable by delivery
merely.
IN TESTIMONY WHEREOF, said
City by Its City Council, has caused
this bond to be signed by its Mayor
end attested by its City Clerk, with
the seal of said City affixed and the
coupons hereto attached to be exe-
cuted with the facsimile signatures
of said Mayor and said City Clerk,
which officials by the execution of
This bond do adopt as and for their
Proper signatures their respective
facsimile signatures appearing on said
coupons, all the first day of November,
1972.
Mayor of the City of Dubuque,
Iowa
Attest:
City Clerk of the City of
Dubuque, Iowa
(Form of Coupon)
No. --- 5 --•--
On -- 19—, the Treasurer
of the City of Dubuque, in Dubuque
County, Iowa, will Pay to bear-
er -- Dollars (5------)
at the office of City Treasurer, Du-
buque, Iowa, for interest due that
dale on its Sewer Bond, dated Novem-
ber 1, 1972, No. --.
Attest: Mayor
City Clerk
(Form for Registration of Ownership)
Name of Signature
Date of Registered of City
Renisiration Owner Treasurer
On the back of each bond there
shall be endorsed a certificate of the
City Treasurer in the following form:
City Treasurer's Certificate
The Issue of this bond has been
duly and properly registered in my
office as of the first day of No.
vember, 1972.
Treasurer of the City of Dubuque,
Iowa.
Section 9. That said bonds be exe.
cuted as herein Provides as soon after
the adoptlon of this ordinance as may
be and thereupon they shall be de-
livered to the Treasurer o1 said City,
who shall register the fact of the Is-
suance of some in a book provided
for Ihat purpose and shall deliver said
by dthiso Council, upon receipt of hide
Furchase price, the same to be not
ess than the Par value of sold bonds
with accrued interest thereon, and all
with the heretofore
award of saidrbords
Is hereby ratified and coMfirmed in
;,.!I M.SPects.
section S. That the proceeds receiv.
ed from he sale of the bonds herein
authorized (prelusive of accrued in-
terest) shall be set apart and placed
in a fund separate and apart from the
stgqleneral funds of said d as th"172 Gtr and to be
trvction Fund" and sSeewdevoote
hallbd
to and used with due diligence solely
for the Purpote of building and can.
strutting sewers and irnprovinq the
sewer outlet and Purifying Plant in
and for said City antl for which pur-
Pose said bonds are herein authorized
10 be issued. The City Council of the
City of DubuqGue. Iowa, covenants
and agrees wIM the purchasers and
holdMs of the bonds herein authorized
that 50 long as any of said bonds
remain outstanding, said City and
n ythe its
investmen will take funds which
may be to the credit of the Con-
struction Fund herein provided for,
which action would result in making
the interest Payable on any of said
bonds herein authorized sublect to
federal income taxes by reason of
said bonds being classified as "arbi-
trage bonds,, within the meaning of
Section 103 (d) of the Internal Revenue
ul tons 19s4,as
or Pressed there-
under, including Sections 1.103-13 and
1.103-14 of the Income Tax Regula-
tions (26 CFR Part 1), as the same
Presently exist, or may from time to
time hereafter beamended. Provided,
the eighhowvert to right any the Ureserves
investmint of
such moneys Permitted by state law
If, when and to the extent that said
Section 103 (d) or regulations pro-
mulgWed thereunder shall be reveal.
by final relaxedor
ofsaalcourtrt fC1 ompe-
vestmentsdmtade byt virltue ofn such
repeat, relaxation or decision would
not, in the opinion of counsel of recog.
n)zed Competence In such matters,
result in making the Interest on said
bonds subject to federal income taxa-
tion.
Sect
Chapter n76 of thf!a Code ot as f qred
and
for
ytand C01lectionf ofravdrecct annua
tax sUtfic lent to pay the Interest on
to i plso
ayonanda dischaIt ree due,
Prn cBPal
thereof at maturity, there be antl there
is hereby ordered levied on all the
taxable Property within said City a
direct annual tax for each of the
Years while sold bonds or any of
them are outstanding, In amounts
sufficient for that Purpose, and that
there be and there Is hereby levied
upon all the toxable property in said
City the following direct annual tax,
to-wif:
For the year 1972 a tax sufficient
to Produce the sum of $39,250 for
fntere,.t;
For the year 1973 a lax sufficient
to produce the sum of $139,250 for
PrinFore
cthlyear 197nand IraJtax sufficient
to Produce the sum of $135,500 for
Forcthelyearr interest;
For sufficient
to Prduce the $urn of $131,750 for
Principal and interest;
For the year 1976 a tax sufficient
to Produce the sum of 5128,000 for
principal and Interest;
For the year 1977 a tax sufficient
to Produce the sum of $124,250 for
For thelYearr 1978 astax Sufficient
to Produce the sum of 5120,500 for
princlpal and Interest;
For the year 1979 a tax sufficient
to Produce the sum of $116,500 for
Principal and Interest;
For the year 1980a" tax sufficient
to Produce the sum of $112,500 for
Princival and Interest;
For the year 1901 a tax sufficient
to Preduce the sum of $108,500 for
principal and Interest;
For the year 1982 a tax sufficient
to Produce, the sum of 5104,250 for
Principal and Interest.
All action heretofore taken for the
levy of the taxes hereinbefore Pro-
vlded to be levied in the year 1972
for collection in 1973 Is hereby ratified
and confirmed In all respects.
Special Session, September u, 1972 157
A certified copy of this ordinance
shill be filed with the County Auditor
of Dubuoue County and said Auditor
:hall be and he Is hereby instructed
in and for each of the rears 1972 to
1982. inclusive, to enter for collection
and assess the tax hereby authorized
When annually entering said taxes for
collection, the County Auditor sha11
Include the same as a Part of the tax
levy for debt service fund purposes of
said City. and when collected, the
proceeds of said taxes shall be con-
verted into the debt service fund of
sold City and set aside therein as a
special account to be used solely
And only for the payment of principal
and interest of the bonds hereby au.
thorned and for no other purpose
wna:snever.
That the principal or interest com-
ing due at any time when there are
insufficient funds on hand to pay the
same be promptly paid when due
from current funds on hand, and re-
imbursement be made to such cur-
rent funds in the sums thus advanced
when the taxes herein provided shall
have been collected.
Section 7. That all ordinances, reso-
lutions or parts thereof in Conflict
herewith be and the some are hereby
repealed to the extent of such conflict.
Passed and approved September 26.
1972.
Wayne A. Moldenhauer, Mayor
ATTEST:
Leo F. Frommelt, City Clerk
Recorded September 26, 1972
Published September 29,1972
Leo F. Frommelt
City Clerk
Published officially in The Tele
graph -Herald Newspaper this 291h day
of September, 1972
Leo F. Frommelt
City Clerk
I1 9;29
Mayor Moldenhauer moved fi-
nal adoption of the Ordinance. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas -- Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
There being no further business
Mayor Moldenhauer moved to ad.
journ. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Leo F. Frommelt
City Clerk
Approved December 18 1972
Adopted December 18 1972
972
City Clerk
Regular Session_ _October 2,^1972 _ _ 459
CITY COUNCIL'
OFFICIAL
Regular Session October 2, 1972.
No Members of the Council Be-
ing Present the Meeting was Ad.
iourned Subject to call.
Leo F. From melt
City Clerk
Approved January 8, 1973
Adopted January 8, 1973
900 Adjourned Regular Session, October 3, 1972
CITY COUNCIL
OFFICIAL
Adjourned Regular Session, Oct-
ber 3, 1972.
Council met of 7:30 P -M. (C.
D. T.)
Present — Mayor Moldenhauer,
Councilmen B i t t • r, Justmann,
Pregler, Thorns. City Manager Gil-
bert D. Chavenelle.
Mayor Moldenhauer read the call
and stated that service thereof has
been duly made and this is an
Adjourned Regular Meeting of Oct-
ober 21 1972, called for the purpose
of acting upon such business as
may properly come before the
meeting.
Copy of communication to the
Iowa Highway Commission from
C. J. Spahn, of Spahn & Rose
Lumber Co. suggesting a perimet-
er type freeway four lane 520 and
four lane 81 to Interstate, present-
ed and read. Councilman Pregler
moved that the communication be
referred to the Council and con-
sultants. Seconded by Mayor Mold-
enhauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays—None.
Communication of Sacred Heart
Parish Finance Committee object-
ing to the proposed freeway as
to the present Couler Valley align-
ment, presented and read. Coun-
cilman Pregler moved that the
communication be referred to the
Council and consultants. Seconded
by Mayor Moldenhauer, CaTried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t. a r, Justmann,
Pregler, Thorns.
Nays—None.
Communication of Rev. Ed. Kol-
fenbach, pastor of Sacred Heart
Church, showing concern as to
what, the proposed freeway route
would do to the Sacred Heart.
School, with possible loss of the
new convent building, and sugg-
esting consideration of alternate
routes for the freeway, presented
and read. Councilman Pregler
moved that the communication be
referred to the Council and consul.
tants. Seconded by Mayor Mold.
enhauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays—None.
Communications of Farl ,1. Bock
of 132(1 Rhomberg Ave. Suggesting
various routes thru the city to
cure traffic problems of our own
making, advising to take a second
look at the Freeway route and
to the knock -down drag -out pro-
gram of the highway Engineering
Department, presented and read.
Councilman Pregler moved that
the communication be referred to
the Council and consultants. Sec-
onded by Mayor Moldenhauer. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter. Justmann,
Pregler, Thorns.
Nays --None.
Communication of Mrs. Glen U-
delhofen od 2417 Broadway given
seven reasons for correction of the
Dog Ordinance, or at least its in-
terpretation, as the result of im-
pounding, her dog after biting her
child, presented and read. After
the Council was assured that the
case is being looked into Council-
man Pregler moved that the com
munication be received and filed.
Seconded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays—None.
Communication of Muscular Dy-
strophy Associations of America
advising that the Dubuque Chapter
will hold its regular annual drive
November 5th, presented and read.
Mayor '.Moldenhauer moved appro-
val subject to approval of the City
Manager. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer.
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays—None.
Communication of Catholic Moth-
ers Study Clubs being somewhat
disturbed that consideration was
being given, or at least suggested,
to charge a $5.00 fee for the use
of pavillions and shelter houses
at Dubuque parks and submitting
a resume of the fine work done
by the Mother's clubs in keeping
Adjourned Regular Session, October 3, 1972 461
the parts clean project in order
to keep maintenance costs down,
to prevent any charging or fees
for use of the parks, presented
and read. Councilman Bitter mov.
ed that the communication be re-
ceived and filed. Seconded by May-
or Moldenhauer. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays—None.
September 29, 1972
Dubuque City Council
To the Members of the City of
Dubuque Conference Board:
RE: Protest of assessment of
real estate owned by Duane C.,
Irvin L. do Judy A. Koethe ( Eagle
Point Apts., 2100 Rhornberg Ave.,
Ham's Add. Lots 207 & 209).
On May 17, 1971, a protest of
assessment on the above property
was filed with the City Board of
Review, through their attorney.
Thomas McKay. The petitioners
stated they purchased the property
August 31, 1970 for $393,000. The
Assessor had an actual value of
S534,503 on the property. The Hoard
of Review denied the petition and
the decision was appealed to Dis-
trict Court. Be#ore any Court ac-
tion, the Board of Review was
in session for 1972. On May 18,
1972, a protest was again filed
with the City Board of Review.
At this session, the Board reduced
the actual value from $534,503 to
$425,829. This decision was also
appealed to District Court.
Before going into Court, City Sol-
icitor Romolo Russo and I con-
ferred with Thomas Valentine, pro-
fessional appraiser with the Con.
tinental Appraisal Co., as to what
the fair market value would he
at the present time. Mr. Valentine
and 1 went through the apartments
with Mr. Duane Koethe and re-
ceived an income and expense
statement from him. We then con.
ferrel with Mr. Russo and he pre-
sented the Koethes' attorney, Tho-
mas McKay, with the following
recommendation. That the actual
value be reduced from the Board
Of Review's figure of $425,M9 to
$405,000. Mr. McKay and the Ko-
ethes accepted this offer and I
"ould recommend to the City of
1lubuque Conference Board that
this settlement for the years 1971
and 1972 be approved.
James J. Gregory
City Assessor
Councilman Bitter moved that
the communication be received and
filed and made a matter of re.
cord. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays—None.
Communication of UNICEF sub-
mitting plans for the operation oi
their drive on October 31st and
requesting that a specified group
of junior high children be allowed
to collect in the Town Clock Plaza
and the Kennedy Mall areas, .pre-
sented and read. Councilman Preg-
ler moved that the communica-
tion be received and filed. Second-
ed by Councilman Thoms. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
September 25, 1972
To the Honorable Mayor
and City Council
1 herewith submit the reports
of the City Auditor, City Treasurer,
Water Superintendent, Health De-
partment as well as a list of
claims paid for the month of Au-
gust 1972.
Gilbert D. Chavenelle
City Manager
Mayor Moldenhauer moved that
the reports be received and filed.
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays _. None.
September 26, 1972
To the Honorable Mayor
and City Council
I am returning to you the pe
tition of Mrs. Heidenreich request-
ing the use of city trucks.
I am enclosing a copy of a letter
from Cletus Allen which explains
the arrangement he has made to
verve Mrs. Heidenreich's group.
Gltbert D. Chavenelle
City Manager
Councilman Pregler moved ap
proval of the Manager's ac4ion.
Seconded by Mayor Moldenhauer
460 Adjourned Regtilar Session, October 3, 1972
CITY COUNCIL',
OFFICIAL
Adjourned Regular Session, Oct-
ber 3, 1972.
Council met at 7:30 P.M. (C.
D. T.)
Present -- Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms. City Manager Gil-
bert D. Chavenelle.
Mayor Moldenhauer read the call
and stated that service thereof has
been duly made and this is an
Adjourned Regular Meeting of Oct-
ober 2, 1972, called for the purpose
of acting upon such business as
may properly come before the
meeting.
Copy of communication to the
Iowa Highway Commission from
C. J. Spahn, of Spahn & Rose
Lumber Co. suggesting a perimet-
er type freeway four lane 520 and
four lane Gl to Interstate, present-
ed and read. Councilman Pregler
moved that the communication be
referred to the Council and con.
sultants. Seconded by Mayor Mold-
enhauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
Communication of Sacred Heart
Parish Finance Committee object-
ing to the proposed freeway as
to the present Couler Valley align-
ment, presented and read. Coun-
cilman Pregler moved that the
communication be referred to the
Council and consultants. Seconded
by Mayor Moldenhauer, Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
Communication of Rev. Ed. Kol-
fenbach, pastor of Sacred Heart
Church, showing concern as to
what the proposed freeway route
would do to the Sacred Heart
School, with possible loss of the
new convent building, and sugg-
esting consideration of alternate
routes for the freeway, presented
and read. Councilman Pregler
moved that the communication be
referred to the Council and consul.
tants. Seconded by Mayor Mold.
enhauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
Communications of Earl J. Bock
of 1320 Rhomberg Ave. Suggesting
various routes thru the city to
cure traffic problems of our own
making. advising to take a second
look at the Freeway route and
to the knock -down drag -out pro-
gram of the Highway Engineering
Department, presented and read.
Councilman Pregler moved that
the communication be referred to
the Council and consultants. Sec
onded by Mayor Moldenhauer. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r. Justmann.
Pregler, Thoms.
Nays—None.
Communication of Mrs. Glen U-
delhofen of 2417 Broadway given
seven reasons for correction of the
Dog Ordinance, or at least its in-
terpretation, as the result of im-
poundin her dog after biting her
child, presented and read. After
the Council was assured that the
case is being looked into Council-
man Pregler moved that the com-
munication be received and filed.
Seconded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays—None.
Communication of Muscular Dy-
strophy Associations of America
advising that the Dubuque Chapter
will hold its regular annual drive
November 5th, presented and read
:Mayor Moldenhauer moved appro-
val subject to approval of the City
Manager. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays—Nope.
Communication of Catholic Moth-
ers Study Clubs being somewhat
disturbed that consideration was
being given, or at least suggested,
to charge a $5.00 fee for the use
of pavillions and shelter houses
at Dubuque parks and submitting
a resume of the fine work done
by the Mother's clubs in keeping
Adjourned Regular Session, October 3, 1972
481
the parks clean project in order
to keep maintenance costs down,
to prevent any charging or fees
for use of the parks, presented
and read. Councilman Bitter mov.
ed that the communication be re.
sewed and filed. Seconded by May.
or Moldenhauer. Carried by the
following vote:
Yeas -- Mayor '.Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays—None.
September 29, 1972
Dubuque City Council
To the Members of the City of
Dubuque Conference Board:
PLE Protest of assessment of
real estate owned by Duane C.,
Irvin L. & Judy A. Koethe (Eagle
Point Apts., 3100 Rhomberg Ave.,
Ham's Add. lots 20 & 2oS).
On May 17, L971, a protest of
assessment on the above property
wc.a filed with the City Board of
Review, through their attorney,
Thomas McKay. The petitioners
stated they purchased the property
August 31, 1ff70 for $.13,(1(10. The
Assessor had an actual value of
$534,503 on the property. The Board
of Review denied the petition and
the decision was appealed to Dis-
trict Court. Before any Court a -c-
tion, the Board of Review was
in session for 1972. On May 18,
1972, a protest was again filed
:with the City Board of Review.
At this; session, the Board reduced
the actual value from $534,503 to
$425,829. This decision was also
appealed to District Court.
Before going into Court, City Sol-
icitor Romolo Russo and I con.
ferred with Thomas Valentine, pro-
fessional appraiser with the Con-
tinental Appraisal Co., as to what
the fair market value would be
at the present time. Mr. Valentine
and I went through the apart rnents
With !Mr. Duane Koethe and re-
ceived an income and expense
statement from him. We then con-
ferred with Mr. Russo and he pre-
sented the Koethes' attorney, Tho-
mas McKay, with the following
recommendation. That the actual
value be reduced from the Board
of Review's figure of $425,829 W
5105.000. Mr. McKay aril the Ko -
ether accepted this offer and I
could recommend to the City of
llubuque Conference hoard that
this settlement for the years 1971
and 1912 be approved.
James J. Gregory
City Assessor
Councilman Bitter moved that
the communication be received and
filed and made a matter of re.
cord. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor :Moldenhauer,
Councilmen B i t t. a r, Justmann,
Pregler, Thorns.
Nays–,None.
Communication of tTNICEF sub.
mitting plans for the operation of
their drive on October 31st and
requesting thata specified group
of junior high children be allowed
to collect in the Town Clock Plaza
and the Kennedy Mall areas, pro.-
sertted and read. Councilman Preg.
ler moved that the communica.
tion be received and filed, Second-
ed by Councilman Thoms. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
September 25, 1972
To the Honorable Mayor
and City Council
I herewith submit the reports
of the City Auditor, City 'Measurer,
Water Superintendent, Health De.
partment as well as a list of
claims paid for the month of Au-
gust 1972.
Gilbert D. Chavenelle
City Manager
'Mayor Moldenhauer moved that
the reports be received and filed.
SecondeJ by Councilman Bitter.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays -- None.
September 26, 19721
To the Honorable Mayor
and City Council
1 am returning to you the pe
tition of Mrs. Heidenreich request
Ing the use of city trucks.
I am enclosing a copy of a letter
from Cletus Allen which explains
tfhe arrangement he has made to
serve Mrs. Heidenreich's group.
Gill,ert D. Chavenelle
City Manager
Cotux•ilman Pregler moved ay
proval of the Manager's action.
Seconded by Mayor Moldenhauer
462 Adjourned Regular Session, October 3, 1972
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Communication of Board of Ad-
justment, by George E. Deinin-
ger, Chairman calling for a hearing
on October 5, 1972, in response
to a petition from the Mercy Me-
dical Center requesting the Build-
ing Commissioner to issue a build-
ing permit for the construction of
a physicians office building with
facilities for dispensing and sale
of drugs, presented and r e a d.
Councilman Bitter moved that the
cornmunication be received a n d
filed. Seconded by Mayor Molden-
hauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
September 27, 1972
Honorable Mayor
and Council Members
The City of Dubuque Planning
and Zoning Commission has con-
sidered the petition of G. M. and
M. Company for reclassification
of the NEI/4 of the NEIA of Section
16, T89N, R2E of the 5th I'.M.,
in the City of Dubuque, Iowa, from
Single Family Residence to Mul-
tiple Residence classification for
stated purposes of developing a
modular home community.
The Commission has reviewed
this proposal and has concurred
in the following observations:
a. That substantial values have
been established in this area by
virtue of the existing single family
residential use, developable topo-
graphy, and natural amenities,
such that this site could support
high-quality development for al-
most any type of residential use.
b. That any development pro-
posed for the site must assure
maintenance of the environmental
values already present in the area,
and that a proposal for a modular
home community would be appro-
priate only where exceptionally
high standards of development and
operation could be assured.
c. That the proposal of G. M.
and M. Company must be adminis-
tered through the mobile home
park provisions of the Zoning Ou
dinance and that the only stan-
dards for development and opera-
tion that the City could enforce
would be the minimum standards
of the Mobile Home Park Develop-
ment Policy.
d. That those minimum stan-
dards set forth in the Mobile Home
Park Development Policy are in-
sufficient to provide for the pro-
tection of existing environmental
values of the area, and would fail
to provide for the optimum de-
velopment of this site.
The Commission has determined
that the proposed zoning reclassifi-
cation and modular home develop-
ment concept is not an acceptable
proposal for this site, and h a s
voted unanimously to deny the pe-
tition.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Pregler moved that
the planner be directed to hold
a meeting with the Staff, Build-
ing Department and Council and
Mr. Davis. Seconded by Council-
man Bitter. Roll Call on the mo-
tion was as follows:
Yeas — Councilman Bitter, Ma-
yor Moldenhauer.
Nays — Councilman Justmann,
Pregler, Thoms.
Motion failed.
Councilman Thoms moved to ac-
cept and approve the report of
the Planning & Zoning Commission
and refer to the Planner to work
with Mr. Davis. Seconded by Coun-
cilman Pregler. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — Councilman Bitter.
Mr. Daniel Dittemore, Develop-
ment Planner, submitted an exten•
sive review of transactions and
consultations with Mr. Davis of
the G. M. and M. Company for
reclassification of the area located
at W. 32nd Street and J. F. K.
Road.
Mayor Moldenhauer moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Second-
ed by Councilman Pregler. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Adjourned Regular Session, October - 3 1972 463
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Mr. Davis submitted his ideas
along with house plans for a site
development at the corner of 32nd
St. & J. F. K. Road. They would
cater to Adults only. The area
must be developed as a tract. The
investment would be about one mil.
lion dollars, plus the land costs
Plan to put eight units on an acre.
Cluster the units and use the forest
for parks. The units would be pur-
chased at a price .of $12,000, plus
a monthly rental of $50. Mr. Earl
Mason addressed the Council by
stating that they would be willing
to put in writing as to the pro-
vision of amenities.
Petition of Darlene M. Weigand
et al 1.49 signatures) Objecting to
the reclassification of the property
at the northeast corner of 32nd
street and J. F. K. Road from
Single Family to Multiple classi•
fication, presented and read. Coun-
cilman Pregler moved that the pe-
tition of objection be referred to
the Planning & Zoning Commission
for consideration when they con-
sult with Mr. Davis on the modu-
lar home concept. Seconded by
Councilman Thorns. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Petition of Robert RI. Meyer et
al (109 signers) supporting Phil
Langas in his effort to obtain a
class "B" beer license in a class
"A" zoning classification, property
located at 1105 Loras Blvd., pre.
sented and read. Councilman Bit-
ter moved that the petition be
received and filed. Seconded by
Mayor Moldenhauer, Carried by
the following vote.:
Yeas -- Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoma.
Nays—None,
Mr. Phil Langas addressed the
Council soliciting support to aJlow
the sale of beer under a Class
It beer license.
September 28, 1972
Honorable Mayor
and Council Members
The City of Dubuque Planning
and Zoning Commission has made
a review of proposed amendments
tO the Loc al Business "A" classi-
fication of the Zoning Ordinance
and to Ordinance No. 46-72 provid.
ing for the sale and consumption
Of beer within areas classified
Local Business "A•
It was reported to the Com.
tnis.
sion that these amendments were
drafted for the purpose of resoly.
ing the long-standing request for
permission to sell beer at 1106
Loras Boulevard, in premises pre.
sently zoned Local Business "A".
The Commission has consistently
resisted earlier petitions to reclass-
ify these premises to a zoning
district permitting the operation
Of a tavern, finding that taverns
or other business uses not now
permitted on those premises would
be incompatible with the surround.
ing residential area. The app5ca-
tion of the proposed amendment
would have basically the same ef-
fect on the neighborhood as a zon.
ing reclassification. The Commis-
sion has, therefore, determined
that this amendment is contrary
to their judgement on this matter
as it has been expressed on four
Previous occasions.
The Commission is also aware
that the proposed amendment
wou'd have a potential application
within all areas now classified Lo-
cal Business "A". Like the Loras
Boulevard area, many of these dis.
tricts are contained within resi.
dential neighborhoods. Adoption of
the proposed amendment would in-
vite pressures for the establish-
ment of taverns in those zones
without providing any rigid safe-
guards for the protection of a re.
sidential environment.
It is the unanimous opinion of
the Planning and Zoning Commis-
cn that efforts to accommodate
the operation of a tavern at 1105
Loras Boulevard or at other areas
zoned for Local Business "A"
would compromise the best inte-
rests of the immediate neighbor-
hood and of the community at
large. The commission has urged
that you reject this amendment.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Counocilntan Pregler moved that
the recommendatior, of the Plan-
ning & Zoning Commission be ap-
proved and the Langas petition
484 Adjourned Regular Session, October 3, 1972
be denied. Seconded by Council-
man Thoms. Roll call on the mo-
tion was as follows:
Yeas — Councilmen Pregler
Thoms.
Nays — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Motion failed.
ORDINANCE NO. 53-72
An Ordinance amending and
changing Ordinance 3-34 known as
the "Zoning Ordinance of the City
of Dubuque, Iowa", By repealing
Section 1 of Article V-A thereof,
and adopting a new Section 1 of
Article VA in lieu thereof, to clas.
sify restaurants, cafes and cafe-
terias as uses separate and dis-
tinct from retail stores, and to
permit the sale and consumption
of beer therein, under certain spe-
cified conditions.
presented and read.
Councilman Justmann m o vs d
that the reading just had be con-
sidered the first reading of the
Ordinance. Seconded by Council-
man Bitter. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Councilman Justmann m o v e d
that the rule requiring an Ordi-
nance to be read on three se-
parate days be waived. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Councilman .Justmann m o v e d
that a hearing be held on the
Ordinance on November 6, 19M,
in the Council Chamber at the
City Hall at 7:30 P,M. and that
the City Clerk be instructed to
publish notice of same in the man-
ner required by law. Seconded by
Councilman Bitter. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, 'Moms.
Nays — None.
ORDINANCE NO. 55.72
An ordinance amending Ordinance
46-72 by repealing Section 4 there.
of and enacting a new Section
4 in lieu thereof to provide for
the location of the promises of
a Class "B" Beer Permit within
a local Business "A" District clas-
sification,
presented and read.
Mayor Moldenhauer moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas — Mavor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler.
Nays — Councilman Thoms.
'.Mayor Moldenhauer moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council-
man Pregler. Carried by the fol
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler.
Nays — Councilman Thorns.
Mayor Moldenhauer moved that
a public hearing be held on the
Ordinance on November 6, 1972
at 7:30 P.M. in the Council
Chamber at the City Hall and
that the City Clerk be instructed
to publish notice of the hearing
in the manner required by law.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Afoldenhauer,
Councilmen B i t t e r. Justmann.
Pregler.
Nays --- Councilman Thoms.
September 25, 1972
Hon. Mayor
and City Council
On July 27, 1972, Mrs. Loral
Hosch of 1955 Garfield, this city,
filed claim on behalf of her daugh-
ter, Linda Hosch, against the City
of Dubuque in an unspecified
amount, alleging that said daugh-
ter chipped a front tooth on July
25, 1972 as the result of hitting
a tooth on the ladder while climb
ing out of the Dubuque Municipal
Swimming Pool.
This matter was referred to the
appropriate City Agency who made
an investigation thereof and re-
ported by letter to this office. on
September 19, 1972 of no liability
or negligence on the part of the
City of Dubuque and in view of
the foregoing it is the recommenda-
tion of the City Attorney that the
claim of Mrs. Loras Rosch on be
half of Linda Hosch be denied.
Adjourned Regular Session, October 3, 1972
Original Claim is returned here-
with. ity on the pert of the City of Du
buque since at said time and place
saidiostreet fuss under construc-
tn by Fondell and Sons and said
claimant has since been referred
to said contractor, in view of the
foregoing it is the recommenda-
tion of the City Attorney that said
claim be denied.
Clriginal
with. C aim is returned here -
R. N. Russo
City Attorney
Councilman Pregler moved apt
Proval of the recommendation, Se-
conded by Mayor Aioidenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
C Ounciimen Bitter, Justmann.
Pregler, Booms.
Nays — None.
Notice of claim t►( Steven E.
Bahl, in an estimated amount of
599.66, for car damage incurred
as the result of driving into a
ditch on Davis Avenue on Sep•
tember 15, 1912, presented a n d
read. Mayor Moldenhauer moved
that the notice of claim be re•
ferred to the City Solicitor for
investigation and report. Seconded
by Councilman Pregler. Carried
by the following vote:
Peas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Noice of claim of Robert J.
Arensdorf, in the amount of $650.,
for damage incurred as the result
of a broken sewer line at 350 Kauf-
mann Ave. on June 10, 1972, pre-
senteol and read. Mayor Molden-
hauer moved that the notice of
claim be referred to the City So-
licitor for investigation and report.
Seconded by Councilman Pregler
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Notice of claim of Mrs. Tom
Schnee for property damage and
expense incurred in the amount
of•&;45.00, as the result of a city
wall caving in on her property
at 920 Althauser Avenue on Au-
gust 2nd and additional damage
sustained on September 12, 1972.
Alayor Moldenhauer moved that
the notice of claim be referred
to Lhe City Solicitor for investiga-
tion and report. Seconded by Court
965
R. N. Russo
City Attorney
Councilman Pregler moved ap-
proval of the recommendation, Se.
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — M-ayor Moldenhauer,
Councilmen B i t t e r, Justmarm,
Progler, Thoms.
Nays — None.
September 22, 1972
Honorable Mayor
and City Council
Ra) mond L. Martin of 370 Kauf.
mann, this city, filed claim against
the City of Dubuque alleging da-
mages in the amount of No.00
caused to his motor vehicle on
September 13, 1972 as the rm. It
of striking a patch of rock and
mud on the street on Rockdale
Road near the 2000 block.
This matter was referred to the
City Attorney's office who investi.
gated same and checked with the
Street Department and finds no
actionable negligence on the part
of the City od Dubuque as the
washout bad bem caused by ex
tremely heavy rains that occurred
that date It is therefore the re.
ommendation of the City Attor-
ney's office that said claim be
denied.
Original Claim is returned here -
R. N. Russo
City Attorney
Councilman Pregler moved ap-
proval of the recommendation. Se-
conded by Mayor Moldenhauer.
('arried by the following vote
Yea, Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
!Nayb - None.
September M. 1872
Honorable Mayor
and City Council
On September 15, 1972, E. D
Forslund «f WV Kane Street, this
eaty, filed claim against the City
of Dubuque alleging he struck a
trenched excavation on North
Grandview 200' north of Kaufmann
on September 11, 1972 and thereby
caustrmg damages to his motor ve
hicle in the amount of $1T1.99.
This matter was referred to the
City Attorney•b office which has
r"I(tted same and finds no liabil.
466 Adjourned Regular Session, October 3, 1972
cilman Pregler. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann, i
Pregler, Thorns.
Nays — None.
Petition of James P. and John
W. Riley, by Leo A. McCarthy
attorney, requesting rezoning of
I.ot 14 in Dreibelbies Addn. lo-
cated at the corner of Rhomberg
and Stafford, from Two Family
Classification to Business "B" clas-
sification, presented and read.
Councilman Pregler moved that
the petition be referred to t he
Planning do Zoning Commission. Se-
conded by Councilman Bitter. Car-
ried by the following vote:
Yeas — Mayor Molde'%Buer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Petition of Donna L. Maas et
al (31 signers) as residents of Jack-
son Street requesting arrest of all
traffic violators for improper ve-
hicle starts -careless & reckless
driving -driving while under the in-
fluence of a controlled substance -
endangering lives in general -speed
in excess of 100 m.p.h. (no street
addresses possible 244th & Jackson
Street area), presented and read.
Councilman Pregler moved that
the petition be referred to the City
Manager and staff for investiga-
tion and report. Seconded by Coun-
cilman Thorns. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Petition of Y Men's Halloween
Parade Chairman requesting per-
mission to schedule the Annual
Halloween parade for the com-
munity
om-
munity on Monday night October
30, 1972 presented and read. Coun-
cilman Bitter moved approval of
the petition subject to approval
of the City Manager. Seconded by
Mayor Moldenhauer. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 307.72
Resolution accepting and providing
for the execution of a proposed
Urban Planning Grant Award
WHEREAS, under Section 701 of
the Housing Act of 1954, as amend
ed, the United Slates of America
(herein called the "Government")
has tendered to the City of Du-
buque, Iowa (herein called I. he
"Planning Agency") a proposed
Urban Planning Grant Award un-
der which the Government agrees
to make a Grant to the Planning
Agency to aid in financing a Pro-
gram, designated Program No. Io-
wa.P-171; and
WHEREAS, the Planning Agency
has given due consideration to said
proposed Grant Award; and
WHEREAS, the Planning Agency
is duly authorized, under and pur-
suant to the Constitution and laws
of the State of Iowa, to undertake
and carry out said Program and
to accept the Grant Award:
BE IT RESOLVED BY the City
Council of the City of Dubuque,
Iowa AS FOLLOWS:
Section 1. The proposed Award.
designated "Comprehensive Plan-
ning Assistance Grant, Program
No. Iowa -P-171", consisting of
Paris 1, U, and III, under and
subject to the provisions, terms,
and conditions of which the Go-
vernment will make an Urban
Planning Grant under Section 701
of the Housing Act of 1954, as
amended, to the Planning Agency
to aid in financing the cost o1
Program No. Iowa -P471, situated
in Dubuque, Dubuque County, Io-
wa, is hereby in all respects ac-
cepted.
Section 2. The City Manager is
hereby authorized and directed to
execute said Grant Award in two
counterparts on behalf of the Plan-
ning Agency, and the City Clerk
is hereby authorized and directed
to impress and attest the official
seal of the Planning Agency, if
any, on each such counterpart and
to forward such counterparts to
the Department of Housing and
Urban Development, together with
such other documents relative to
the acceptance and execution
thereof as may be required by
the Government.
Section 3. The City Manager is
hereby authorized to file requisi-
tions, together with necessary sup
Porting documents, with the Go-
vernment, from time to time as
Grant funds are required, request-
ing payments to be made to it
Adjourned Regular Session, October 3, 1972 4g;
on account of the Grant provided
for in the Award, and to do an
pirform all other things and acts
required to be done or performed
in order to obtain such payments.
Section 4. The Planning Agency
agrees to abide by all of the pro-
visions, terms, and conditions o`
said Grant Award.
Section S. This Resolution shall
take effect this day of October
1972
Passed, approved and adopted '
this 3rd day of October, 1972
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest: I.
Leo F. Frommelt
City Clerk
Mayor Moldenhauer moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmaan,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 309.72
WHEREAS, Dubuque Packing
Company has executed and deliver-
ed a perpetual easement for the
construction, operation, and main-
tenance of a storm sewer, dated
September 21, 1972; and
W1iEREAS, delivery of said
easement should be accepted by
the City of Dubuque, Iowa;
NOW "IEREFORE BE IT RE-
SOLVED BY THE CITY COUN NI,
OF THEE CITY OF DUBUQUE,
10WA .
Section 1. That perpetual ease-
ment of the Dubuque Packing Corn
pany, dated September 21, 1972
covering the following described
real estate, to -wit:
The Southerly 1,300 feet of l.ot
2 of of IAA 2 of River Front
Subdivision No. 4, according to
the Recorded Plat thereof
which has been delivered to the
City of Dubuque, Iowa be and the
same is hereby approved and de-
livery is herewith accepted.
Section 2. That the City Clerk
he and he is hereby authorized
and directed to record the same
in the records of Dubuque County,
Iowa
Passed, approved and adopted
this 3rd day of October, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregier moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns,
Nays — None.
RESOLUTION NO. 309.12
That this Council go on record
stating that it is our present and
foreseeable intent not to disturb the
residents of the Couler Valley
neighborhood by the introduction
of a freeway -expressway link in
that area, presented by Council-
man Justmann.
Councilman Justmann moved for
adoption of the resolution. Motion
died for lack of a second.
Councilman Pregler moved that
adoption of the resolution be re-
jected. Motion died for lack of
a second.
October 2, 1972
The Honorable Mayor
and City Council
He City of Dubuque, Iowa
Sewer and
Waterworks Improvements
Center Grove Sanitary Intercep-
tor Sewer Contract I Section 1,
Waterworks Improvement.
modernization Contract II Sec-
tion 1.
Feeder Main Extension Contract
it
Sections 2, 3 and 4.
on September 2S, 1972, at 10:00
a.m. bids for the construction of
the above described projects were
received. Following is a summary
of the bids received.
Center Grove Valley Sanitary In-
terceptor Sewer Contract I, Sec-
tion 1
The lowest and best bid received
was submitted by the M. F. Goerdt
Construction Company of Dubuque,
Iowa. The total bid was $253,600.72.
Their bid was 6.6% below the En-
gineer's
mgineer's estimate
Adjourned Regular Session, October 3, 1972
We recommend that the Contract
1. Section 1 be awarded to the
M. F. Goerdt. Construction Com-
pany subject to the concurrence
of the Department of Housing and l
Urban Development.
The City share of the construc-
tion of this sewer is included in
the 1972 budget.
Modernization Contract II, Section
1
The lowest and best bid received
waa submitted by Westphal and
Company of Janesville, Wisconsin
and Dubuque, Iowa in the total
amount. of $555,000.00. The Engi-
neer's estimate was $615,000.00•
We recommend tleat the contract
be awarded as recommended by
our engineers: subject to the final
concurrence of the Department of
Housing and Urban Development.
Feeder Main Extensions Contract
II, Sections 2, 3 and 4
The lowest and best bid received
was submitted by M. F. Goerdt
Construction Company of Dubuque,
Iowa. The tied bid for Sections
2, 3 and 4 was $449,445.50. The
Engineer's e s t i m a t e w a s
$447,698.50.
We recommend that the Contract
11, Sections 2, 3 and 4 be awarded
as recommended by our engineers,
subject to the final concurrence
of the Department of Mousing and
Urban Development.
We have analyzed the cash flow
projected in the Water Department
for the years 1972 and 1973. Our
analysis at this time indicates a
total available cane balance for
the two year period, applicable
to this construction, of $1,065,794.11.
The total cost of these improve-
ments today, including engineering
and contingency is $1,129,234.50.
Utilizing $63,640.40 of an expected
$236,460.00 IiUD reimbursement,
the entire improvement program
can be financed.
In general, we are pleased with
the bids as received on the pro-
jects and it is our recommenda-
tion that appropriate resolutions
be passed awarding same subject
to HUD concurrence.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the communication be received and
filed. Seconded by Mayor Molden-
hauer. Carried by the following
vote
Yeas — Mayor Moldenhauer,
Councilmen B i t. t. a r, Justmann,
Pregler, Thorns.
Nays — None.
Proof of Publication, certified to
by the Publkber, of Advertisement
for bids for the construction of
Center Grove Valley Sanitary In-
terceptor sewer, presented and
read. Councilman Pregler moved
that the proof of publication be
received and filed. Seconded by
Mayor Moldenhauer. carried by
the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann.
Pregler, Thorns.
Nays — None.
Proof of Publication, certified to
by the Publisher, of Advertisement
for bids for construction of Water
Works Improvements, 1972 Feeder
Main Extension, presented a n d
read. Councilman Pregler moved
that the proof of publication be
received and filed. Seconded by
Mayor Moldenteauer. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, TAoms.
Nays — None.
Proof of Publication, certified to
by the Publisher, of Advertisement
for bids for construction of Con-
tract 11 -Section I for Waterworks
Modernization 1972, presented and
read. Councilman Pregler moved
that the proof of publication be
received and filed. Seconded by
Mayor Moldenhauer. Carried b
the following vote:
Year, — Mayor Moldenhauer.
Councilmen Bitter, Justmann.
Pregler, Thoms.
Nays — None.
Mr. Dick Schiltz objected to the
Council relative to the tie in me-
thod used in the bidding procedure.
Mr. Paul Ombruni of 11. D. &
R. stated that in his opinion that
everything is in perfect order and
it was a choice on the part of
the bidders.
Councilman Bitter moved to tate
le action to award until next week.
Seconded by Councilman J u s t
mann. Roll call on the motion was
as follows:
Yeas — Councilmen Bitter, Just
mann.
Nays — Mayor Moldenhauer.
Councilmen Pregler, Thorns.
Motion failed.
o
0
-90
Adjottnted Regular Session, October 3, 1972 4H9
( Awarding Contract?
RESOLUTION NO. 310.72
WHEREAS, sealed proposals
have been submitted by contras
tors for the Center Grove Valle>
Sanitary Interceptor Sewer 1972,
HUD Project Number WS -Iowa -99
pursuant to Resolution No. 256-72
and notice to bidders published
,n a newspaper published ro said
ity on August 11. 1972 and August
18, 1972; and
WHEREAS, said sealed propo
sals .ere opened and read on Sep
tember 26, 1972, and it has beer,.
determined that the bid of M. F.
Goerdt Construction Co. of Dubu
que, Iowa in the amount of
V53,600.72 was the lowest bid for
the furnishing; of all lahor and
materials and performing the work
as provided for in the plans anti
specifications; now therefore,
BE IT RF..SCyLVED by the City
Council of the City of Dubuqut
that the contract for the above
mentioned improvement be a�%ard
ed to M. F. Goerdt Construction
Co., Dubuque, Iowa subject to the
approval of the Department of
Housing and Urban Developmenv
and the Manager be and he is
hereby directed to execute a con
tract on behalf of the City iA Du-
buque for the complete perfor
mance of said work.
BE IT FU RnIF:A RESOLVED.
that upon the signing of said con
tract and the approval of the con
tractors gond the City Treasurer
is authorized and instructed to
turn the bid deposits of the un-
,uccessful bidders.
Passed and adopted this 3rd day
of October, IWM.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
Councilmen
have been submitted by contras
tors for the Contract 11 Waterworks
Improvement Feeder Main Exten-
sion. Section 2, West 32nd Street;
Section 3, Park Hill; Section 4,
Highway 020 pursuant to Resolu.
tion No. 254.72 and notice to bidders
published in a newspaper published
in said City on August 11, 1972
and August 18, IY72; and
WHEREAS, said sealed propo-
sa's were opened and read on Sep-
tember 26, 1972, and it has been
determined that the bid of M. F.
Goerdt Construction Co. of Dubu-
que, Iowa in the amount of
=449.445.50 was the lowest bid for
the furnishing of all labor and
materials and performing the work
as provided for in the pians and
specifications; now, therefore,
BE 17 ItESOLVED 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
Co., Dubuque, Iowa subject to the
approval of the Department of
Housing and Urban Development
and the Manar er be and he is
hereby directed to execute a con-
tract on 1>ehaH of the City of Du
buque for the complete perfor
mance of said work.
IiE 1T 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 3rd day
of October, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote
Yeas — Mayor Moldenhauer.
Councilmen Pregler, Thoms.
Nays — Councilmen Bitter, Just
mann.
tAwarding Contract)
RESOLUTION No. 311.72
WHEREAS, sealed Jwoposals
Attest
I,eo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Molden hates. Carried
by the following,
Yeas Mayor Moldenhauer.
CouncilmenPregler,
g
NaY—niien Ber, Just
11181111. Contract)
(Awarding
RESOLUTION NO. 312.71
11'HE REAS, sealed proposals
have been submitted by contras
tors fur ('ontract I1 Waterwork6
470
Adjourned Regular Session, October 3, 1972
Modernization -1972, Section I pur-
suant to Resolution No. 250-72 and
notice to bidders published in a
newspaper published in said City
on August 11 1972 and August 18,
1972; and
WHEREAS, said sealed propo-
sals were opened and read on Sep-
tember 26, 1972, and it has been
determined that the bid of West-
phal & Co., Inc. of Dubuque, Iowa
in the amount of $555,000.00 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 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 Westphal & Co., Inc. Du-
buque, Iowa subject to the ap-
proval of the Department of Hous-
ing and Urban Development, and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City 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 Jaid deposits of the un-
successful bidders.
Passed and adopted this 3rd day
of October, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Pregler, Thoms.
Nays — Councilmen Bitter, Just -
mann.
RESOLUTION NO. 313.72
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ci
garettes within the City of Du-
buque, Iowa, be granted a permit
to sell Cigarettes and Cigarette
Papers within said City.
Rudy Dittmar, 1646 Asbury Road
David E. Zimmerman, 1897 Clarke
Drive
BE IT FURTHER RESOLVED
that the bonds filed with the ap-
plication be approved.
Passed, adopted and approved
this 3rd day of October, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 314-72
WHEREAS, applications for Beer
permits have been submitted to
this Council for approval and the
same have been examined; NOW
THEREFORE,
BE IT RESOLVED by the .amity
Council of the City of Dubuque,
Iowa, that the following applica•
tions be granted and permits is-
sued upon the compliance with the
terms of the ordinances of the
City.
CLASS "B" BEER PERMIT
Donald C. Brimeyer, 1100 Lincoln
Avenue
CLASS "C" BEER PERMIT
National Tea Company, W13 Cen-
tral Avenue
Kopple Market, Inc., 1098 Univer-
sity Avenue
Mississippi Valley Milk Prod. Assn.
Inc., 1546 Central Avenue
Mississippi Valley Milk Prod. Assn.
Inc., 2311 Windsor Avenue
Holiday Oil Distributing, Inc., 605
Dodge Street
Holiday Oil Distributing, Inc., 1401
Central Avenue
Holiday Oil Distributing, Inc., 400
Rhomberg Avenue
Holiday Oil Distributing, Inc., 1685
J. F. Kennedy Road
Holiday Oil Distributing, Inc., 980
Dodge Street
Adjourned Regular Session, October 3, 1972 471
Nabors of Iowa, Inc., 19W Elm
Street
passed, adopted and approved
this 3rd day of October, 19ri2.
Wayne A.
Moldenhauer
Mayor
Walter A.
Pregler
Allan T.
Thorns
C. Robert Justmann
Joseph J.
Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
BE IT FURTHER RESOLVED
that the bonds filed by such appli
cants be and the same are hereby
approved.
Passed, adopted and approved
this 3rd day of October, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoma
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler. Thorns.
RESOLUTION NO. 315.72 Nays — None.
R'Hr:REASI applications for Beer RESOLUTION NO. 31672
permits were filed by the within
named applicants and they have WHEREAS, applications for Li•
received the approval of this Coun- quor licenses have been submitted
cil; and to this Council for approval and
WHEREAS, the premises to be I the same have been examined,
occupied by such applicants were NOW THEREFORE BE IT RE�
inspected and found to comply with SOLVED by the City Council of
the: ordinances of this City and the City of Dubuque, Iowa, thal
they have filed proper bonds; the following applications be grant -
NOW IMIEREFORE BE IT RE. ed and licenses issued upon the
SOLVED by the City Council of compliance with the terms of the
the City of Dubuque, Iowa, that IOWA LIQUOR CONTROL ACT—
the Manager be authorized to cause CHAPTER 131—as amended by the
to be issued to the following named Goth Generaly Assembly, 1971.
applicants a Beer permit. CLASS "B" (HOTEL OR MOTEL)
CLASS "B" BEER PERMIT BEER 6 LIQUOR LICENSE
Donald C. Brimeyer, 11(10 Lincoln Anthony A. do Bette 0. Helling,
Avenue
701 Dodge Street
CLASS "C" BEER PERMIT CLASS "C" (COMMERCIAL)
CENSE
National Tea Company, 2013 Cen BEER d LIQUOR LI
Doris Tigges, 2776 Jackson Street
tral Avenue
Kopple Market, Inc., 1o96 Univer. Jeanette M. Kroeger, 431 Rhom-
sity Avenue berg Avenue
Mississippi Valley Milk Prod. Assn. Cyril John Fries, 201 East 22nd
Inc., 1546 Central Avenue Street app Passed, adopted and roved
Mississippi Valley Milk Prod. Assn. this 3rd day of October, 1972.
Inc., 2311 Windsor Avenue Wayne A. Moldenhauer
Holiday Oil Distributing, Inc , 605 Mayor
Dodge Street Walter A. Pregler
Holiday Oil Distributing, Inc., 1401 Allan T. Thoms
Central Avenue C. Robert Justmann
Holiday Oil Distributing, Inc.. 400 Joseph J. Bitter
Rhomberg Avenue Councilmen
Holiday Oil Distributing, Inc.. Itm
J. F. Kennedy Road
Holiday Oil Distributing. Ire., 960
Dodge Street
Nabors of Iowa, Inc.. 19tKr Elm
Street
Attest:
Leo F. Frommelt
City Clerk
�f
Councilman rP sullu
ion t on Seconded
t
472 Adjourned Regular Session, October 3, 1972
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
'councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 317.72
WHEREAS, applications for Li-
quor licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the State Law and all City or-
dinances relevant thereto and the.,
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 he is-
sued to the following named ap-
plicants a Liquor License.
CLASS "B" (HOTEL OR MOTEL)
BEER & LIQUOR LICENSE
Anthony A. do Bette O. Helling,
701 Dodge Street
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
Doris Tigges, 2776 Jackson Street
Jeanette M. Kroeger, 431 Rhom-
berg Avenue
Cyril John Fries, 201 East 22nd
Street
Passed, adopted and approved
this 3rd day of October, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
There being no further business
Councilman Pregler moved to ad-
journ. Seconded by Mayor Mol-
denhauer. Carried by the follow-
ing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Leo F. Frommelt
City Clerk
ApprovedJanuary P.,.. 197_3.
ca .January e R ls7
.....I ...............
07------_
GLf1' ...............:�L...
Councilmen
At e . ....... .....................
.....
.t .......
.
City Clerk
a
8
VIM
L
Special Session, 0&oher 16, 1972 473
CITY COUNCIL
OFF!Cl/+l
special session, October 16, 1972.
Council met at 7:30 o'clock P.M.
(C.D.T.)
Present — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
'rhoms. City Manager Gili,ert D.
Chavenelle.
A want — Councilman Pregler.
Mayor Moldenhauer read the call
and sialed that service thereof had
been duly made and this meeting
is calked for the purpose of setting
a date of hea ring on the 1973 Bud -
go Estimate of Expenditures, and
acting upon a Resolution authoriz-
ing the sale, issuance and deliver,
of Project Nates in the principal
amount of $1,725,000. and the exe-
cution o4 Requisition Agreement
No. 5.72 in connection with Urban
Renewal Project Iowa R-15, and
acting upon such other business
as may properly come before a
regular meeting of the Council.
Communication of N. J. Grete.
man submitting his resignation as
a member of the Firc and Police
Pension Boards, presented a n d
read. Coutwilman Bitter moved ac-
ce1><ance of the resignation with
regret and suggested that the Ma-
yor send a letter of appreciation
for services rendered. Seconded by
Councilman Thorns. Carried by the
following vote:
Yeas — Mayor Mokienhauer
Councilmen B i t t e r. Justmann.
Thoma.
Nay& — None.
Absent — Councilman Pregler.
Communication of D u b u q u e
Packing Co.. by Allred Hughes at
torney requesting the vacation and
conveyance of Maple Street by
tween 10th and 17th street. pre.
sented and read. Councilman slit
ter moved that the communication
be referred to the Manager aw,
Planning & Zoning Commission. Se-
mnded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen H i t t e r, Justmann,
Thoms.
Nays — None
Absent — Councilman pregler
Communication of Jerry R. Kra
mer of Mo Pleasant St objecting
!o the prot)usc�l Coulcr %,allvv "r
ridor freeway and taking issue with
Councilman Pregler's endorsement
of the proposed freeway, presented
and read. Councilman Bitter mov.
ed that the objection be referred
to the Council and consultants. Se-
conded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Thoms.
Nays — None.
Absent — Councilman Pregler.
Petition of William P. Franzen
et al (15 signers) objecting to the
present proposed routing corridor
known as the Couler Valley align-
ment presented and read. Coun-
cilman Bitter moved that the ob-
jection be referred to the Coun-
cil and consultants. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann.
'Phoma.
Nays — None.
Absent — Councilman Pregler.
Communication of Lou -Ren t
Housing Commission submitting
minutes of their meeting held on
September 27. 1972, presented and
read. Councilman Bitter moved
that the minutes be received and
filed. Seconded by Mayor Molden-
haler. Carried by the following
vote:
Yeas — Mayor Moldenhauer.
Councilmen Bitter, Justmann,
'Moms.
Nays — None.
Absent — Councilman Pregler.
Communication of Ronald J. Her -
rig, a member of the Governor's
Committee on the employment of
the handicapped, requesting an a-
mendment to the building codes
to accommodate physically handi•
capped and elderly, presented and
read. Councilman Justmann moved
that the communication be refer-
red to the Manager and Building
Commissioner. Seconded by Coun-
cilman Bitter. Carried by the fol-
lowing vote:
yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Thorns.
!Nays — None.
Absent Councilman Pr"Ur
Communication of City Manager
,ubmitting a proposal from Rog*
.iter & Hamm, architects, covering
study and design for renovation
474 Special Session, October 16, 1972
of the City Hall and recommending
that the first phase of the work
be authorized, presented and read.
Mayor Moldenhauer moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Thoms.
Nays — None.
Absent — Councilman Pregler.
Mr. Paul Rossiter explained to
the Council what his firm intends
to do as to the renovation of the
City Hall.
Mayor Moldenhauer moved ap-
proval of the proposal and author-
ized an expenditure of $4000. being
the cost of the first phase of the
renovation. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t. t e r, Justmann,
Thoms.
Nays — None.
Absent — Councilman Pregler.
Communication of City Manager
advising that a permit has been
issued to the Dubuque .Jaycees for
sale of apple butter and honey
on Saturday October 14th, due to
the lateness of the request, pre-
sented and read. Councilman Bit-
ter moved ratification of the Ma-
nager's action. Seconded by Mayor
Moldenhauer. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Thoms.
Nays — None.
Absent — Councilman Pregler.
Communication of City Manager
submitting comprehensive liability
policy of William Becker & Sons
Stone Co., presented and read.
Councilman Bitter moved filing ap-
proval subject to approval of the
City Attorney. Seconded by Mayor
Moldenhauer. CaTried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Thoms.
Nays — None.
Absent — Councilman Pregler.
October 3, 1972
Honorable Mayor
and City Council
On September 5, 1972. Priscilla
E. Dreesens of 129961/2 Central Ave-
nue, this city, filed claim against
the City of Dubuque in the amount
of $129.63 and claiming damages
suffered to her motor vehicle on
August 23, 1972 as the result of
striking a large unbarricaded hole
in the street from which steam
was allegedly escaping and ob
scured visibility of the area.
This matter was referred to the
office of the City Attorney wh<
has investigated said matter,
checked with the Street Depart-
ment and conferred with the clai-
mant who has made an offer of
settlement in the amount of $129.63
and in view of the foregoing, it
is the recommendation of the City
Attorney that said offer of settle-
ment be accepted and the City
Auditor instructed to draw war-
rant payable to Priscilla E. Drees-
sens in the amount of $129.63 and
forward same to the City Attorney
for delivery upon receipt of duly
executed releases. Original Claim
is returned herewith.
R. N. Russo
City Attorney
Councilman Bitter moved appro-
val of the recommendation. Se-
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Thoms.
Nays — None.
Absent — Councilman Pregler.
October 4, 19T.'
Honorable Mayor
and City Council
On August 11, 1972, Julius A.
Welu of 595 O'Neill Street, this
city, filed claim against the City
of Dubuque in the amount o'
$113.96 and alleging said damages
occurred to the basement of his
home on August 1, 1972 as the
result of backup of sewer caused
by City workmen breaking a bit
in the sewer line and in attempt-
ing to retrieve said tool, flooded
his basement.
This matter was referred to the
appropriate City agency and the
City Attorney was advised on Sep-
tember 22, 1972 that said claim
had been satisfied in full.
In view of the foregoing, it is
the recommendation of the City
Attorney that the claim filed a-
gainst the City of Dubuque be de-
nied.
Special Session, October 16. 1472 475
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Bitter moved appro-
val of the recommendation. Se-
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — :Mayor Moldenhauer, �
Councilmen B i t t e r, Justmann, I
Pregler. Thorns
Nays — None
Absent — Councilman Pregler.
Notice of claim of John P. Th - o -
bald in the amount of $29.05 for
car damage incurred oas the.
ng oe-
sult of striking a P
lest while unloading a load of re-
fuse on :he city landfi'l on Septem-
ber 21, 1972. pre ented and read.
Councilman Bitter moved that the
notice of claim be referred to the
City Solicitor for proper action.
seconded by Mayor Moldenhauer.
hauer.
Carried by the following
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r. Justmann.
Thoms.
Nays — None.
Absent — Councilman Pregler.
Notice of claim of l.avonne Ry-
an, in the amoung of $27.92, for
car damage incurred as the result
of driving into a protrudint; pipe
that was being used as a barri-
cade in the Urban Renewal area
near Karigan,s parking lot, on Sep.
tember 29, 1972 presented and read.
Counc;lman Bitter moved that the
notice of claim be referred to the
City Solicitor for proper action.
Seconded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, .lusimann
'Moms .
Nays -- None.
Absent — Councilman Pregler.
Petition of Mrs. 1,aVern Pape'
el al ( 113 signers) objecting to
the proposed location of a trailer
court at Peru & Sheridal► Roads,
as requesting by Merl and Mar
garet Goerdt, presented and read.
Councilman Justmann moved that
the petition be received and file
and refer to proceedings for annex
ation of the area to the Plunnin
& Zoning Commission. Seconds
')y Councilman Bitter. Carved b.
'he following vote:
Yeas Mayor Moldenhauer
Councilmen Bitter, Dustman
Thoms
Nays -- None
Absent — Councilman Pregler,
Petition of Fondcll & Sons re-
questing premission to excavate
in John F. Kennedy road between
Kennedy Circle and Pennsylvania
Ave. for water connection for Du-
buque Savings And Loan, presented
and read. Councilman Bitter
moved approval of the petition sub-
ject to approval of the Engineer
ing department. Seconded by Coun.
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Thorns.
:Nays & None.
Absent — Councilman Pregler.
Petition of Wahlert High School,
by Michael Sullivan, requesting a
permit to conduct. a parade for
Homecoming on October 19, 1972,
presented and read. Councilman
Ritter moved approval of the re-
quest subject to approval of the
City Manager. Seconded by Coun-
cilman Justmann. Carried by the
following vote
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Thoms.
:Nays — None.
Absent — Councilman Pregler.
Petition of Noon Optimist Club
of Dubuque, requesting permis-
sion to conduct a door to door
sales campaign to sell trash bags,
on October 21st and 22nd, to raise
funds to support youth activities
of the club, presented and read.
Councilman Bitter moved approval
of the request subject to ap-
proval of b the CitV COuncilman nJustmann.
ager. Sec-
p°dam by vote
Carried by the following
Yeas — Mayor Moldenhauer:
Councilmen Bitter, Justmann,
Thoms.
Nays — None.
Absent — Councilman Pregler.
Petition of Area Ono Vocational
Technical School, requesting per,
mission to sell glitter plaques for
field trips and educational PParpaon(j
d es during October.
December in the information cen-
t ter and Pedestrianway of
.ct presented and read. of the pe
v Bitter moved approvals royal he the
tition subject to pp
City Manage' Seconded by y th
n• oilmen Justmann. Carried by the
following Vote:
-176 Special Session, October 16, 1972
Yeas — Mayor Moldenhauer,
Councilmen Bitter. Justmann,
'£hums.
Nays — None.
Absent — Councilman Pregler.
Petition of Ellsworth for Con-
gress, campaign manager Dede
Breslauer, requesting permission
to use an area adjacent to the
town clock Plaza fountain on Oct-
ober 30th and November 4th, for
a meet the people coffee presented
and read. Councilman Bitter mov-
ed approval of the petition subject
to approval of the City Manager.
Seconded by Councilmen Just -
mann. Carried by the following
vote:
Yeas — Mayor Moldenhauer;
Councilmen Bitter, Justmann,
Thorns.
Nays — None.
Absent — Councilman Pregler.
Petition of "Left Guard Drill
Team" requesting permission to
sell Liberty Chimes, to help pay
for equipment, transportation and
uniforms presented and read.
Councilman Bitter moved approval
of the petition subject to approval
of the City Manager. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Thoms.
Nays — None.
Absent — Councilman Pregler.
Petition of Finley Hospital re-
questing tha4 Lot i of 2 of M.
L. 160; Lot 1 of 1 of Boxleiter's
Sub. of Lot 1 of Caroline Box-
leiter's Serb. of M. L. 160; Lot
6 in Sidonia Hosford's Sub.; South
55' of Lot 5 in Sidonia Hosford's
Sub. and Lot 1 of 1 in Finley
Home Addn. be changed from its
present Multiple Residence D is.
trict to Multiple Residence Dis-
trict permitted use (h) and Lot
2 of 1 of 1 of 2 of 2 of Boxleiter's
Sub. of Lot 1 of Caroline Boxleit-
er's Sub. of M. L. 160, Lot 1
of 1 of 1 of 2 of 2 of Boxleitees
sub. of Lot 1 of Caroline Boxleit-
er's Sub. of M. L. 160; Lot 7
in Sidonia Hosford's Sub.; Lot 2
of 2 of 2 of I.ot 2 of M. L. 160;
Lot 2 of 1 of 2 of 2 of Boxleiter's
Sub. of Lot 1 of Caroline Boxleiter's
Sub. of .M. L. 190; Lot 31, the
West 25'8" of Lot 30, the East
24'4" of Lot 30, Lot 26, Lot 28,
Lot 26. Lot 32A, Lot 18 all in
Finley Home Addn. be changed
from its present Two Family to
Multiple Residence District district
permitted use (b), presented and
read. Councilman Bitter moved
that the petition be referred to
the Planning & Zoning Commis-
sion. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas -- Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
,rhoms.
Nays — None.
,absent — Councilman Pregler.
Petition of Harold B. Welter re-
questing a refund of $19.75 on the
unexpired portion of Class "C"
beer permit No. 34, as he has
discontinued business on Septem-
ber 30, 1972, presented and read.
Councilman Bitter moved .approval
of the refund and the Auditor be
instructed to issue .proper warrant.
Seconded by Councilman Tlwms.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Thorns.
Nays — None.
Absent — Councilman Pregier.
Petition of Harold B. Welter re-
questing a refund of $75. on the
unexpired portion of cigarette li-
cense No. 225, as he has discon-
tinued business on September 30,
1972, presented and read. Council-
man Bitter moved approval of the
refund and the Auditor be instruct-
ed to issue proper warrant. Se-
conded by Councilman Thoms. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Thorns.
Nays — None.
Absent — Councilman Pregler.
Petition of Schiltz Construction
Co. requesting permission to ex-
cavate in J. F. K. Road to install
sewer and water to service Lot
1 and 2 of Block 14 in Westside
Manor Sub., presented and read.
Councilman Bitter moved approval
of the petition subject to approval
of the City Engineer. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Thorns.
Nays — None.
Ahsent — Councilman Pregler.
Special Session. October 16, 1972
47'
Octolx r 16, 1972
Honorable Mayor
and City Council
At a recent Council meeting you
referred to the City Attorney and
to the City 'Manager communica.
tion from Thruput Terminal. Inc.
and Newt Marine :service regard
ing the levee property on the north
aide of the Dubuque Ice Harbor.
I have made an investigation
of this matter together with the
City Manager and I believe that
the ordinance purporting to give:
the use of said pror rty to Dubu..ue
Boat and Boiler Works should be
repealed and the City claim said
property as its awn.
In the event of any legal chal-
lenge and to the ordinance sub-
mitted for your adoption which
would result in legal decision ad-
verse to the best interests of the
City of Dubuque, then in such e-
vent, I advise the City Council
that Eminent Domain proceedings
be instituted to acquire said pro-
perty
R. N. Russo
City Attorney
Councilman Bitter moved that
the communication be received and
filed and being in full concurrence
with the City Solicitor. Seconded
by Councilman Justmann. Carried
by tfi � following vote:
Yeas --- Mayor Moldenhauer,
Councilman B i t t e r, Justmann.
Thoms.
Nays — None.
.Abient — Councilman Pregler.
ORDINANCE NO. 56.72
An Ordinance repealing Ordinance
of the City of Dubuque, Iowa a-
dopti d March 21, 1907 purporting
to vacate and grant the use to
Dubuque Boat and Boiler works
(now known as Dubuque Boat &
Boiler Co.) of a portion of the
levee property on the North side
of the Ice Harbor in the City of
Dubuque, Iowa, presented and
read.
Councilman Justmann moved
:hat the reading just had be con-
sidered the first reading; of the
Ordinance. Seconded by Council-
man Bitter. Carried by the fol-
lowlnt, vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Thomti.
Nays — None.
Absont — Councilman Pregler.
Councilman Justmann moved
that the rule requiring an Ordin.
ance to be read on three separate
days be waived. Seconded by crate
Coun-
cilman Bitter. Carried by the fol.
lowing vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann.
Thorns,
Nays — None.
Absent — Councilman Pregler.
Councilman Justmann moved
that a public hearing be held on
the Ordinance on November 6, 1972
at 7:30 o'clock P.M. in the Coun-
cil Chamber at the City Hall and
that the City Clerk be instructed
to publish notice of the hearing
in the manner required by law.
Seconded by Councilman B i t t e r,
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Thoms.
Nays -- None.
Absent — Councilman Pregler,
RESOLUTION N0, 318.72
WHEREAS the City Manager has
submitted a BUDGET ESTIMATE,
as provided in Chapter 24 of the
1971 Code of Iowa and the City
Council has been duly considered
and caused to be prepared the
budget estimate for expenditures
for the fiscal year beginning Jan-
uary 1, 1973 and ending December
31, 1973, as a basis for the tax
levy for the year 1972, and said
budget having been duly approved
by it.
NOW THEREFORE BE IT RE.
SOLVED by ,he City Council of
the City of Dubuque, Iowa:
That said Budget Estimate be
and the same is hereby ordered
filed in the office of the City Clerk
of the City of Dubuque, Iowa, and
the date of the public hearing is
hereby fixed as the 6th day of
November, 1972, at 7:30 o'clock
11.11. Central Standard Time in the
Council Chamber at the City Hall.
BE IT FURTHER RESOLVED
that said Clerk be and he is hereby
directed to cause said budget esti-
mate of expenditures to be pub
lished in the official newspaper
of the City os Dubuque and the
off:ciai notice to be given of the
time and place, when and where
said Budget Estimate will be con-
sidered by said Council for final
adoption at which time and place
taxpayers will be heard for or
478 Special Session, October 16, 1972
against said estimate, said pub-
lication to be not less than ten
(10) days before said date of hear-
ing.
Passed, adopted and approver]
this 16th day of October, 1972.
Wayne A. Moldenhauer
Mayor
C. Robert Justmann
Allan T. Thorns
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Thorns. Carreid by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Thorns.
Nays—None.
Absent — Councilman Pregler.
RESOLUTION FOR
DISASTER DECLARATION OF
SEPTEMBER 26, 1972
NO. 319-72
BE IT RESOLVED by City Coun-
cil of Dubuque, Iowa, that A. G.
Heitzman, City Auditor, is hereby
authorized to execute for and in
behalf of Dubuque, Iowa, a pub-
lic entity established under the
laws of the State of Iowa, this
application and to file it in the
appropriate State Office for the
purpose of obtaining certain Fed-
eral financial assistance under the
Disaster Relief Act (Public Law
606, 91st Congress).
Passed and approved this 16th
day of October, 1972.
Wayne A. Moldenhauer
Mayor
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
CERTIFICATION
1, Leo F. Frommelt, duly ap.
pointed and City Clerk of Dubuque,
Iowa, do hereby certify that the
above is a true and correct copy
of a resolution passed and ap-
proved by the City Council of Du-
buque, Iowa on the 16th day of
October, 1972.
Date: October 17, 1972
Leo F. Frommelt
City Clerk
Mayor Moldenhauer moved adop.
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Thorns.
Nays — None.
Absent — Councilman Pregler.
Proof of Publication, certified to
by the Publisher, of notice of sale
of project notes in the amount
of $1,725,000., Fifth Series, May
4, 1973 maturity, to aid in finan-
cing Urban Renewal Project, pre.
sented and read.
No written objections were filed
and no ora] objectors were pre-
sent in the Council Chamber at
the time set for the public hear.
ing. Councilman Bitter moved that
the proof of publication be received
and filed. Seconded by Cuuncilman
Thom. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Thoms.
Nays — None.
Absent — Councilman Pregler.
RESOLUTION NO. 320.72
Authorizing the sale, issuance and
delivery of Project Notes in the
aggregate principal amount of
$1,725,000 and the execution of Re-
quisition Agreement No. 5-72 in
connection with the Downtown Ur-
ban Renewal Project, Project No.
Iowa R-15
WHEREAS, the City of Dubuque
(herein called the "Local Issuing
Agency") has entered into one or
more contracts (which, together
with any supplements thereto or
amendments or waivers of any
provisions thereof, are herein call-
ed the "Contract") with the United
States of America (herein called
the "Government") providing for
a loan by the Government to the
Local Issuing Agency for financing
the urban renewal, low -rent hous-
ing or redevelopment project (s)
described in the Contract and here-
in called the "Project": and
WHEREAS, pursuant to adver-
tisement for the receipt of pro-
posals for the purchase of the Fifth
Series 1972 of Project Notes (here-
in sometimes called "New Project
Notes") of the Local Issuing Agen-
cy aggregating $1,725,000, which
appeared in a Notice of Sale pub-
lished on September 26, 1972, and
Special Session, October 16, 1W2 479
October 3, 1972, in the Telegraph
Herald in the City of Dubuque,
Iowa, and in The Daily Bond Buy-
er in the City of New York, New
York, proposals for the purchase
of the New Project Notes in the
form approved by the Local Is-
suing Agency were received, open -
c -d, and canvassed at the time
and place mentioned in said ad.
vertisement, to wit: at Council
Chambers, City Hall, 13th and Iowa
in the City of Dubuque, Iowa 520M
at one o'clock P.M. E.D.S.T on
October 11, 1972, which proposals
are as follows:
Name of Bidder, Mellon National
flank and Trust Company, Interest
Rate, 2.95% Principal Amount,
$1,725,000, Premium, $22.00.
Name of Bidder, The First Na.
tional Bank of Boston, Lehman
Brothers, Inc.. Interest Rate 2.976
Principal Amount, $1,725,000, Pre-
mium, 545.00.
frame of Bidder, Central Na-
tional Bank & Trust Company, In-
terest Rate, 2.97° Principal
%mount, $1,725,000, Premium, $2.00
Name of Bidder, Marine Mid-
land Municipals Co., Interest
Rate 2.98% Principal Amount
$1,725,000, Premium, $52.00.
Name of Bidder, Bank of Ameri-
ca N.T. & S.A. Bankers Trust Com -
pang, Interest Rate, 2.98% Prin-
cipal Amount, $1,725,000, Premium,
372.00.
Name of Bidder, Salomon Bro-
thers, Morgan Guaranty Trust Co.
of New York, Interest Rate, 3.00,
Principal Amount, $1,725,000, Pre -
um, $71.00.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE:
Section 1. The aforesaid publi-
cation of the Notice of Sale and
the form and contents thereof as
so published are hereby in all re-
spects, approved, ratified and con
firmed.
Section 2. In order to provide
funds to pay expenses incurred
or to be incurred in the develop-
ment of the Project, or to refund,
renew or extend its outstanding
Notes issued in connection there-
with, the Local Issuing Agency
hereby determines to borrow the
sum of One Million Seven Hundred
Twenty Five Thousand D o l l a r s
($1,725,060) and issue its negotiable
Project Notes therefor.
Section 7. The Local Issuing
%gency hereby ratifies and ap-
�roves the form of each proposal
hereinafter in this Section 3 enu.
merated for the purchase of the
iesignated principal amount of
notes and determines that each
such proposal offers to purchase
such Notes at the lowest interest
rate and is therefore accepted, and
said Notes are hereby awarded
to the purchaser, as follows:
Principal Amount., $1,725,000, In-
terest Rate, 2.95% Purchaser. Me'.
Iony.n National Bank and Trust Com-
pa
Section 4. Each Note shall be
dated November 8, 1972, shall be
payable as to both principal and
interest to bearer, on May 4, 1973,
and, pursuant to each proposal for
the purchase of said Notes herein-
above accepted, shall bear the rate
of interest per annum, payable at
maturity; shall bear the numbers
and be in the denominations; and
shall be payable as to both princi•
pal and interest at the incorporated
bank having trust powers or in.
corporated trust company, as fol-
lows:
Purchaser, Mellon National Bank
and Trust Company.
Numbers, 1.3, Denominations,
S100,000, Interest Rate, 2.95`M
Numbers, 4-7, Denominations,
$50,000, Interest Rate, 2 96%
Numbers, 846, Denominations,
$23,000, Interest Rate, 2.95%
Numbers, 47.63, Denominations,
$lo,000, Interest Rate, 2.95%
Numbers, 64-79, Denominations,
$5,000 Payable At, The Chase
Manhattan Bank, N.A. in New
York.
'.None of such Notes shall be va-
lid until after the bank or trust
company at which it is payable
:hall have signed the agreement,
appearing on each Note, to act
as paying agent thereof. Each such
Note shall be executed in the name
Of the Local Issuing Agency by
the manual or facsimile signature
of the Mayor and City Treasurer
Of the Local Issuing Agency and
shall have the corporate seal of
the Local Issuing Agency impress-
eKi, imprinted or reproduced there-
on and attested by the City Clerk,
and said officers are hereby au-
thorized and directed to cause said
Notes to be properly executed.
Section S. Each such Note shall
,80
Special Session, October 16, 1972
be in substantially the form of
NUD-9010, which is incorporated
herein by reference, and shall be
secured by an agreement entitled
"Requisition Agreement No. 5-72"
(herein called the "Requisition
Agreement") in substantially the
form of HUD-9wt, which is in-
corporated herein by reference, to
be entered into between the Local
Issuing Agency and the Govern-
ment.
Section 6. The Requisition Agree-
ment shall be executed in the name
of the Local Issuing Agency by
the manual or facsimile signature
of the Mayor of the Local Is-
suing Agency and shall have the
corporate seal of the Local Is-
suing Agency impressed, imprinted
or reproduced thereon and attested
by ti,e City Clerk, and said of-
ficers are hereby authorized and
directed to cause the Requisition
Agreement to be properly execut-
ed.
Section 7. For the punctual pay-
ment of the principal of and in-
terest on the New Project Notes,
the Local Issuing Agency hereby
expressly and irrevocably promises
to pay any sums which may be
received from the Government pur-
suant to the Requisition Agreement
re' ating to such series of Project
Notes and said Agreement, when
executed by the Government, is
hereby declared to be and is here-
by assigned by the Local Issuing
Agency for the benefit of the holder
of holders from time to time of
the New Project Notes. All contri-
butions, funds and amounts au-
thorized or required by the Con-
tract to be applied to the payment
of Project Loan Notes (referred
to in the Contract as "Project
Temporary Loan Obligations".
"Advance Notes" or "Permanent
Notes") as Issued in connection
with the Project are hereby irre-
vocably pledged to secure the pay-
ment of the principal of and inter-
est to maturity on the New Pro-
ject Notes. Such pledge and the
lien created thereby shall cease
and terminate when monies or in-
vestment securities convertible into
cash not later than the maturity
date of the New Project Notes,
sufficient and for the purpose of
paying the principal and interest.
to maturity on such Notes, are
deposited with the paying agent
or agents for such Notes.
Section S. The proceeds derived
from the sale of the New Project
Notes, together with such amount
of other funds of the Local Is-
suing Agency as may be necessary,
shall be applied, simultaneously
with the receipt of said proceeds,
in accordance with the provisions
of the Requisition Agreement.
Section 9. The City Treasurer
is hereby authorized and directed
to sena promptly a letter to each
paying agent for the New Project
Notes in substantially the form
of IIUD-9004, which is incorporated
herein by reference, and to trans-
mit therewith (a) the New Project
Notes for which the addressee is
the paying agent for delivery and
payment and (b) a signature certi-
ficate and receipt, in accordance
with the terms of said letter, and
to take such other actions as may
he required to complete the de -
Livery transaction in accordance
with the terms of the letter to
the paying agent.
Passed, approved, and adopted
this 16th day of October, 1972.
Wayne A. Moldenhauer
Mayor
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Thorns. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Thorns.
Nays — None.
Absent — Councilman Pregler.
October 3, 1972
To the Honorable Mayor
and City Council
I hereby submit the attached
Sheet No. 1 inclusive showing a
schedule of the proposed valua.
tions assessments for the construc-
tion of the Asbury Park Subdivision
Sanitary Sewer 1972.
John L. White, P. E.
City Engineer
Councilman Bitter moved that
the communication be received and
filed. Seconded by Mayor Molden-
Special Session, October 16, 1972 481
hauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, JuOmann,
Thom s.
Nays — None.
Absent — Councilman Pregler.
RESOLUTION NO. 321.72
BE IT RE.S(1LVED by the City
Council of the City of Dubuque,
Iowa:
Section 1. That the attached sheet
Number One is hereby determined
to be the schedule of proposed
assessments for construction of the
Asbury Park Subdivision Sanitary
Sewer 1972, and the valuations set
out therein are hereby approved.
Passed, adopted and approved
this 16th day of October 1972.
Wayne A. Moldenhauer
Mayor
Allan T. Thorns
C. Robert Justmann
,Joseph J. Bitter
Councilmen
Attest:
Loco F. Frornmelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Peas - . Mayor Moldenhauer.
Councilmen it i t t e. r. Justmann.
Thwns.
I — None.
Absent — Councilrrran Pregler.
RESOLUTION NO. 322.72
Approval of preliminary esti-
mate, proposed plans, specifica-
tions, form of contract, plat and
all other documents, for the con-
struction of an eigbt inch (8")
sanitary sewer from the existing
manhole in St. Celia Court, norther-
ly to the southerly property line
of Asbury Park, thence easterly
to Lot 2-2.2 of Asbury Park, to
be known as A.SBURY PARK SUB -
L In,LSION SANITARY S E W E R-
1972, at an estimated project cost
of $13,!iA9.49, presented and read.
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Mayor Moklenhauer Carried
by the following vote:
Year, — Mayor Moldenhauer,
Councilmen B i t l e r, Justmann.
Thoms.
Nay& -- None.
Absent -- Councilman Pregler.
(Necessity for Improvement)
RESOLUTION N0. 323.72
WHEREAS, proposed plans, spe.
cifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the. City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The boundaries of the district,
if any.
2. Tire streets to he improved.
3. The width of such improve-
ment, and the size and kind of
sewers.
4. Each lot proposed to be as-
sessed together with a valuation
fixed by the council.
5 An estimate of the cost of
the proposed improvement, stating
the same for each different type
of construction and kind of ma.
terial to be used.
6. In each ease the amount there-
of which is estimated to be as-
sessed against each lot, for the
construction of Asbury Park Sub-
division sanitary sewer -1972 from
the existing manhole in St. Celia
Court. northerly to the southerly
property line of Asbury Park,
thence easterly to Lot 2-2-2 Asbury
Park.
BE IT THEREFORE RESOLV•
ED that the City Council on its
own motion or upon petition of
property owners, deems it advis-
able and necessary for the public
welfare to make the herein men-
tioned improvement, and unless
property owners at the time of
the final consideration of this pro-
posed resolution have on file with
the City Clerk obJeCtiOns to
she
amount of the proposed ass
meats, they shall be deemed to
have waived all objections thereto.
Said improvements shall be con-
structed and done in accordance
with the plans andspecifications
which have been prepared
fo,l•v by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be assessed upon and
against all privately owned pro-
perty lying within assessable dis-
tance provided by law and in an
amount not to exceed the µhubs
provided by law, property
Wes" whether the same abuts
Iso Special Session, October 16, 1972
be in substantially the form of
HUD -9010, which is incorporated
herein by reference, and shall be
secured by an agreement entitled
"Requisition Agreement No. 5-72"
(herein called the "Requisition
Agreement"), in substantially the
form of HUD -9003, which is in-
corporated herein by reference, to
be entered into between the Local
issuing Agency and the Govern-
ment.
Section 6. The Requisition Agree-
ment shall be executed in the name
of the Local Issuing Agency by
the manual or facsimile signature
of the Mayor of the Local Is-
suing Agency and shall have the
corporate seal of the Local Is-
suing Agency impressed, imprinted
or reproduced thereon and attested
by the City Clerk, and said of-
ficers are hereby authorized and
directed to cause the Requisition
Agreement to be properly execut-
ed.
Section 7. For the punctual pay-
ment of the principal of and in-
terest on the New Project Notes,
the, Local Issuing Agency hereby
expressly and irrevocably promises
to pay any sums which may be
received from the Government pur-
suant to the Requisition Agreement
re'ating to such series of Project
Notes and said Agreement, when
executed by the Government, is
hereby declared to be and is here-
by assigned by the Local Issuing
Agency for the benefit of the holder
of holders from time to time of
the New Project Notes. All contri-
butions, funds and amounts au-
thorized or required by the Con-
tract to be applied to the payment
of Project Loan Notes (referred
to in the Contract as "Project
Temporary Loan Obligations",
"Advance Notes" or "Permanent
Notes") as issued in connection
with the Project are hereby irre-
vocably pledged to secure the pay-
ment of the principal of and inter-
est to maturity on the New Pro-
ject Notes. Such pledge and the
lien created thereby shall cease
and terminate when monies or in-
vestment securities convertible into
cash not later than the maturity
date of the New Project Notes,
sufficient and for the purpose of
paying the principal and interest
to maturity on such Notes, are
deposited with the paying agent
or agents for such Notes.
Section 8. The proceeds derived
from the sale of the New Project
Notes, together with such amount
of other funds of the Local Is-
suing Agency as may be necessary,
shall be applied, simultaneously
with the receipt of said proceeds,
in accordance with the provisions
of the Requisition Agreement.
Section 9. The City Treasurer
is hereby authorized and directed
to send promptly a letter to each
paying agent for the New Project
Notes in substantially the form
of IIUD-9004, which is incorporated
herein by reference, and to tran-
mit therewith (a) the New Project
Notes for which the addressee is
the paying agent for delivery and
payment and (b) a signature certi-
ficate and receipt, in accordance
with the terms of said letter, and
to take such other actions as may
he required to complete the de-
livery transaction in accordance
with the terms of the letter to
the paying agent.
Passed, approved, and adopted
this 16th day of October, 1972.
Wayne A. Moldenhauer
Mayor
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop
tion of the resolution. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Thoms.
Nays — None.
Absent — Councilman Pregler.
October 3, 1972
To the Honorable Mayor
and City Council
I hereby submit the attached
Sheet No. 1 inclusive showing a
schedule of the proposed valua-
tions assessments for the construc-
tion of the Asbury Park Subdivision
Sanitary Sewer 1972.
John L. White, P. E.
City Engineer
Councilman Bitter moved that
the communication be received and
filed. Seconded by Mayor Molden-
Special Session, October 16, 1972 481
hauer. Carried by the following
vote:
Yeas -- Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Thom s.
ray$ — None.
Absent — Councilman Pregler.
RESOLUTION NO. 321.72
BE IT RESOI,VED by the City
Council of the City of Dubuque,
Iowa:
Section 1. That the attached sheet
Number One is hereby determined
to be the schedule of proposed
assessments for construction of the
Asbury Park Subdivision Sanitary
Sewer 1972, and the valuations set
out therein are hereby approved.
Passed, adopted and approved
this 16th !lay of October 1972.
Wayne A. Moldenhauer
Mayor
Allan T. Thorns
C. Revert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. F rommelt
City Clerk
Councilman Bitter moved adop
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas -- Mayor Moldenhauer.
pm wilmen it i t t e r, Justmann.
Thodn$.
flays -- None.
Absent — Councilman Pregl('r.
RESOLUTION NO. 122.72
Approval of preliminary esti-
mate, proix)sCA plans, specifica-
tions, form of contract, plat and
all other documents, for the con-
struction of an eight inch t8")
sanitary sewer from the existing
manhole in St. Celia COUat, norther-
ly to the southerly property line
of Asbury Park, thence easterly
to Lot 2-2-2 of Asbury Park, t
be known as ASBU.RY PARK SUB.
14VISION SANITARY S E W E R
1972, at an estimated project cos
of $13,549.49, presented and read
Councilman Bitter moved adop
tion of the resolution. Seconded
by Mayor Moldenhauer Carrie
by the following vote:
Yeas — Mayor Moldenhauer
Councilmen Bitter, Justmann
Thorns.
Nay$ — None.
Absent -- Councilman Pregler
(Necessity for Improvement)
RESOLUTION N0. 323.72
WHEREAS, proposed plans, spe-
cifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The boundaries of the district,
if any.
2. T43e streets to be improved.
3. The width of such improve-
ment, and the size and kind of
sewers.
4. Each lot proposed to be as-
sessed together With a valuation
fixed by the council.
5. An estimate of the cost of
the proposed improvement, stating
the same for each different type
of construction and kind of ma-
terial to be used.
6. In each case the amount there-
of which is estimated to be as-
sessed against each lot, for the
construction of Asbury Park Sub-
division sanitary sewer -1972 from
the existing manhole in St. Celia
Court northerly to the southerly
property line of Asbury Park,
thence easterly to Lot 2.2-2 Asbury
Park.
BE IT THEREFORE RESOLV-
ED that the City Council on its
own motion or upon petition of
property owners, deems it advis-
able and necessary for the public
welfare to make the herein men-
tioned improvement, and unless
property owners at the time of
the final consideration of this pro-
posed resolution have on lite with
the City Clerk objections assess-
ments,
amount of the proposed
they shall be deemed to
have the
all objections thereto.
Said improvements shall be con-
structed and done in accordance
o with the plans and specifications
which have been prepared there-
fore by the City Engineer which
t have been approved by the. City
ICouncil and are now on file with the City Clerk. That the cost and
i expense of making said improve-
d Ment will be assessed upon and
against all privately owned pro.
perty lying within assessable dis-
tance provided by lave and in an
a Mount not to exceed the amount
provided by law, property will be
assesscxl whether the same abuts
.182 Special Session, October 16, 1972
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the sanitation sew-
age rental funds. Sewer bonds shall
be issued and sold in anticipation
of deferred payments od assess-
ments when a contract has been
performed and accepted and the
proceeds thereof used to pay the
contractor. The railway portion of
any street or assessment district
shall be assessed to and paid by
the railway company.
The above resolution was intro-
duced, approved and o r d e r e d
placed on file with the City Clerk
this 16th day of October, 1972.
Approved and placed on file for
final action.
Wayne A. Moldenhauer
M ayor
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved appro-
val of the resolution. Seconded by
Mayor Moldenhauer. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Thorns.
Nays — None.
Absent — Councilman Pregler.
(Fixing Date of Hearing)
RESOLUTION NO. 324-72
WHEREAS, the City Council of
the City of Dubuque, Iowa, has
by Resolution No 322-72 given its
preliminary approval on the pro-
posed plans, specifications and
form of contract and placed same
on file in the office of the City
Clerk for public inspection, for the
construction of Asbury Park Sub-
division Sanitary Sewer -- 1972 and,
WHEREAS, the proposed Resol-
ution of Necessity for said improve-
ment has been introduced and is
now on file in the City Clerk's
office for public inspection,
BE IT THEREFORE RESOLV-
ED that on the 13th day of Novem-
ber 1972, a public hearing will
be held at 7:30 o'clock P.M. C.S.T.
in the Council Chamber in the
City of Dubuque at which time
the owners of property subject to
assessment for the proposed im.
provement may appear and make
objection to the proposed plans
and specifications and proposed
form of contract and at the same
time to the boundaries of the pro-
posed Resolution of Necessity and
the City Clerk be and he is hereby
directed to cause a notice of the
time and place of such hearing
to be published in some newspaper
published in the city of Dubuque,
the last of which shall be not
less than two (2) nor more than
(d) weeks prior to the day fixed
for its consideration and unless
property owners at the time of
final consideration of said resol-
ution have on file with the Clerk
objections to the amount of the
proposed assessment, they shall
have been deemed to have waived
all objections thereto, at which
hearing the Council will hear such
objections and enter on record its
final decision thereon.
Passed, adopted and approved
this 16th day of October, 1972.
Wayne A. Moldenhauer
Mayor
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
b} Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Thorns.
Nays — None.
Absent — Councilman Pregler.
October 6, 1972
The Honorable Mayor
and City Council
This is to advise you that Sani-
tary Sewer constructed in Liebe
Street between Jackson Street and
Washington Street for a distance
of 339 feet, has been completed
substantially in accordance with
plans and specifications by M. F.
Goerdt Construction Company of
3055 Brunskill Road, Dubuque, I-
owa.
Gilbert D. Chavenelle
City Manager
Councilman Bitter moved that
the communication be received and
filed. Seconded by Councilman
Thorns. Carried by the following
vote:
Special Session, October 16, 1972
483
Yeas -Mayor Moldenhauer, Coun-
cilmen Bitter, Justmann, Thoms.
Nays -None. Absent -Councilman
Pregler.
FINAL ESTIMATE
RESOLUTION NO. 325.72
WHEREAS, the contract for the
construction of Liebe Street Sani.
tary Sewer 8 inch -- 1972 has been
completed and the City Engineer
has submitted his final estimate
showing the cost thereof including
the cost of estimates, notices, in-
pection, and preparing the assess-
ment and plat, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$2,961.78.
That $2,961.78 of the cost thereof
shall be assessable upon private
property and none shall be paid
from the Sanitation Fund of the
City of Dubuque.
Passed, adopted and approved
this 16th day of October 1972.
Wayne A. Moldenhauer.
Mayor
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F, Frommelt
City Clerk
Councilman Bitter moved adop-
tion cf the resolution. Seconded
by Councilman Thoms. Carried by
the following vote:
Yea.; -Mayor Moldenhauer, Coun
cilmen Bitter, Justmann, Thoms.
Nays -None. Absent -Councilman
Pregler.
(A Resolution Accepting Improve.
meet and Directing the Clerk to
Publish Notice.)
RESOLUTION NO. 326.72
WHEREAS, the contract for the
construction of Liebe Street Sani-
tary Sewer 8 inch -1872 has been
completed and the City Manager
has examined the work and filed
his certificate stating that the same
has been completed according to
the terms of the contract, plans
and specifications and recommends
its acceptance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and
that said improvement be and the
same is hereby accepted and the
City Engineer be and is hereby
directed to prepare a plat and
schedule showing the lots or Par.
c is of real estate subject to assess-
ment for said improvement and
file the same in the office of the
City Cierk subject to public inspee
tion and said Clerk shall upon
receipt of such plat and schedule
Publish the notice of the Council's
intention to levy special assess.
ments therefor, as required by lay.
BE IT FURTHER RESOLVED.
that the City Treasurer, be and
he is hereby directed to pay to
the contractor from the funds to
be realized from the sale of sewer
bends issued upon the above de•
scribed improvement in amount
equal to the amount of h;s con.
tract, less any retained percentage
provided for therein.
Passed, adopted and approved
this 16th day of October, 1972.
Wayne A. Moldenhauer
Mayor
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Thorns.
Nays — None.
Absent — Councilman Pregler.
RESOLUTION NO. 321.72
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ci-
garettes within the City of Du-
buque, Iowa, be granted a permit
to sell Cigarettes and Cigarette
papers within said City.
Lyle Whalen, ao Locust Street
Violet Savary, 1689 Elm Street
BE IT FI;RTHER 11.ES0LVED
that the bonds filed with the appli-
cation be approved
182 Special Session, October 16, 1972
thereon or is adjacent thereto ac- 1.
cording to area and in proportion
to the special benefits conferred
th^reby, and any deficiency shall
be paid out of the sanitation sew-
age rental funds. Sewer bonds shall
be issued and sold in anticipation
of deferred payments of assess-
ments when a contract has been
performed and accepted and the
proceeds thereof used to pay the
contractor. The railway portion of
any street or assessment district
shall be assessed to and paid by
the railway company.
The above resolution was intro-
duced, approved and o r d e r e d
placed on file with the City Clerk
this 16th day of October, 1972.
Approved and placed on file for
final action.
Wayne A. Moldenhauer
M ayor
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved appro-
val of the resolution. Seconded by
Mayor Moldenhauer. Carried by
the following vote:
yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Thoms.
Nays — None.
Absent — Councilman Pregler.
(Fixing Date of Hearing)
RESOLUTION NO. 324-72
WHEREAS, the City Council of
the City of Dubuque, Iowa, has
by Resolution No 3292-72 given its
preliminary approval on the pro-
posed plans, specifications and
form of contract and placed same
on file in the office of the City
Clerk for public inspection, for the
construction of Asbury Park Sub-
division Sanitary Sewer -- 1972 and,
WHEREAS, the proposed Resol-
ution of Necessity for said improve-
ment has been introduced and is
now on file in the City Clerk's
office for public inspection,
BE IT THEREFORE RESOLV-
ED that on the 13th day of Novem-
ber 1972, a public hearing will
be held at 7:30 o'clock P.M. C.S.T.
in the Council Chamber in the
City of Dubuque at which time
the owners of property subject to
assessment for the proposed im-
provement may appear and make
objection to the proposed plans
and specifications and proposed
form of contract and at the same
time to the boundaries of the pro-
posed Resolution of Necessity and
the City Clerk be and he is hereby
directed to cause a notice of the
time and place of such hearing
to be published in some newspaper
published in the city of Dubuque,
the last of which shall be not
less than two (2) nor more than
(4) weeks prior to the day fixed
for its consideration and unless
property owners at the time of
final consideration of said resol-
ution have: on file with the Clerk
objections to the amount of the
proposed assessment, they shall
have been deemed to have waived
all objections thereto, at which
hearing the Council will hear such
objections and enter on record its
final decision thereon.
Passed, adopted and approved
this 16th day of October, 1972.
Wayne A. Moldenhauer
Mayor
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Attest:
L,eo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Thoms.
Nays — None.
Absent — Councilman Pregler.
October 6, 1972
The Honorable Mayor
and City Council
This is to advise you that Sani-
tary Sewer constructed in Liebe
Street between Jackson Street and
Washington Street for a distance
of 339 feet, has been completed
substantially in accordance with
plans and specifications by M. F.
Goerdt Construction Company of
3055 Brunskill Road, Dubuque, I
owa.
Gilbert D. Chavenelle
City Manager
Councilman Bitter moved that
the communication be received and
filed. Seconded by Councilman
Thoms. Carried by the following
vote:
Special Session. October 16, 1912 183
Yeas -Mayor Moldenhauer, Cour.
cilmen Bitter, Justmann, Thoms,
Nays -None. Absent -Councilman
Pregler.
FINAL ESTIMATE
RESOLUTION NO. 325.72
AriIEREAS, the contract for the
construction of Liebe Street Sani-
tary Sewer A inch -- 1972 has been
completed and the City Engineer
has suhmitted his final estimate
showing the cost thereof including
the cost of estimates, notices, in-
spection, and preparing the assess-
ment and plat, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$2.961.78.
That $2,961.78 of the cost thereof
shall be assessable upon private
property and none shall be paid
from the Sanitation Fund of the
City of Dubuque.
Passed, adopted and approved
this 16th day of October 1972.
Wayne A. Moldenhauer.
Mayor
Allan T. Thorns
C. Robert Justmann,
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion cf the resolution. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas -Mayor Moldenhauer, Coun
cilmen Bitter, Justmann, Thoms.
Nays -None. Absent -Councilman
Pregler.
(A Resolution Accepting Improve-
mNnt and Directing the Clark to
Publish Notice.)
RESOLUTION NO. 326.72
Will,"REAS, the contract for the
construction of Liebe Street Sani-
tary Sewer 8 inch -1972 has been
completed and the City Manager
has examined the work and filed
his certificate stating that the same
has been completed accordine to
the terms of the contract, plans
and specifications and recommends
its acceptance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and
that said improvement be and the
same is hereby accepted and the
City Engineer be and is hereby
directed to prepare a plat and
schedule showing the lots or par.
c is of real estate subject to assess.
ment for said improvement and
file the same in the office of the
City Clerk subject to public inspec.
tion and said Clerk shall upon
receipt of such plat and schedule
publish the notice of the Council's
intention to levy special assess-
ments therefor, as required by law.
BE IT FURTHER RESOLVED,
that the City Treasurer, be and
lie is hereby directed to pay to
the contractor from the funds to
be realized from the sale of sewer
bonds issued upon the above de
scribed improvement in amount
equal to the amount of h`.s con.
tract, less any retained percentage
provided for therein.
Passed, adopted and approved
this 16th day of October, 1972.
Wayne A. Moldenhauer
Mayor
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Thoms.
Nays — None.
Absent — Councilman Pregler.
RESOLUTION NO. 327-72
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ci-
garettes within the City of Du-
buque, Iowa, be granted a permit
to sell Cigarettes and Cigarette
papers within said City.
Lyle Whalen, 30 Locust Street
Violet Savary, 1689 Elm Street
13E IT FURTHER RESOLVED
that the bonds filed with the appli-
cm ion be approved.
Special Session. October 16, 1972
Passed, adopted and approved
this 16th day of October, 1972.
Wayne A. Moldenhauer
Mayor
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Thoms.
Nays — None.
Absent — Councilman Pregler.
RESOLUTION NO. 328.72
WHEREAS, applications for Beer
permits have been submitted to
this Council for approval and the
same have been examined; NOW
THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following applica-
tions be granted and permits is-
sued upon the compliance with the
terms of the ordinances of the
City.
CLASS "B" BEER PERMIT
Violet Savary, 1689 Elm Street
CLASS "C" BEER PERMIT
Florence E. Chalder, 113 Main
Street.
Passed, adopted and approved
this 16th day of October, 1972.
Wayne A. Moldenhauer
Mayor
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Thoms.
Nays — None.
Absent — Councilman Pregler.
RESOLTION NO. 329-72
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 he issued to the following named
applicants a Beer permit.
CLASS "B" BEER PERMIT
Violet, Savary, 1689 Elm Street
CLASS "C" BEER PERMIT
Florence E. Chalder, 113 Main
St reet
BE IT FRTII-ER RESOLVED
that the bonds filed by such appli-
cants be and the same are hereby
approved.
Passed. adopted and approved
this 16th day of October, 1972.
Wayne A. Moldenhauer
Mayor
Allan T. Thoms
C. Robert JusImann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Thoms.
Nays — None.
Absent — Councilman Pregler.
Councilman Justmann moved
communication through the Gover-
nor in requesting the State Liquor
Commission to allow two liquor
outlets in the City, by retaining
the present liquor store to serve
the downtown and north end areas,
besides the new facility now being
constructed on the west side of
the city. Seconded by Councilman
Bitter. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Thoms.
Nays — None.
Absent — Councilman Pregler.
There being no further business
Councilman Thoms moved to ad.
journ. Seconded by Councilman
Bitter. Carried by the following
vote:
Yeas -- Mayor Moldenhauer,
Special Session. October 16, I972 485
Councilmen B i t t e r, Justmann,
Thom s.
Nays — None.
Absent — Councilman Pregler.
IA -o F. Frommelt
City Clerk
Approved January 8, 1973
Adopted January 8, 1973
Special Session, October 24, 1972
(ITY (OUNCIL
OFFiCIAL
Special session, October 24, 1972.
Council met at 4:30 P.M. (C.D.
T.)
Present — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns. City Manager Gilbert D.
Chavenelle.
Absent — Councilman Bitter.
Mayor Moldenhauer read the ca -11
and stated that service thereof had
been duly made and this meeting
is called for the purpose of ap-
pointing members to various
boards and commissions and acting
upon such other business as may
properly come before a regular
meeting of the Council.
Communication of Mrs. R. C.
Buelow submitting her resignation
as a member of the Board of
Zoning Adjustment, presented and
react. Councilman Justmann moved
that the resignation be accepted
with regret and a letter of ap-
preciation be sent to Mrs. Buelow.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas -- Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent -- Councilman Bitter.
Communication of Library Di-
rector Fullmer, that if exceptions
can be made, consideration for
reappointment be given to mem-
bers of the Library Board, pre-
sented and read. Councilman Preg-
1.,r moved that the communication
be received and filed. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter.
Communication of Low Rent
Housing Commission submitting
minutes of their meeting of October
17, 1972, presented and read. Coun-
cilman Pregler moved that the
communication be received and fil-
ed. Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas --- Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter.
Communication of Carl F. Wall
of Guttenberg, Iowa, suggesting
that speed trap signs be placed
at the stop light on J. F. K. &
A.bury, also larger than normal
speed limit signs on the down -
;rade of J. F. K. from the 2500
to 2800 blocks, presented and read.
Councilman Pregler moved that
the communication be received and
filed. Seconded by Councilman
Justmann. Carried by the followino,
vote:
Yeas — Mayor Moldenhauer.
Councilmen Justmann, Pregler.
Thorns.
Nays — None.
Absent — Councilman Bitter.
Proof of Publication, certified to
by the Publisher, of Statement of
receipts, disbursements and list of
claims for September 1972, pre.
sented and read. Councilman Preg-
ler moved that the proof of pub-
lication be received and filed. Se-
conded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter.
October 18, 1972
To the Honorable Mayor
and City Council
The accompanying letter from
Veterans of World War I of the
U.S.A. was received, requesting
p rmission to hold a "Tag Day",
Saturday, November 4th.
The date requested preceded the
re !ular scheduled meeting and be-
cause of this, permit *274 was
issued October 18, 1972.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved rati-
fication of the Manager's action.
Seconded by Councilman J u s t-
rnann. Carried by the following;
vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter.
October 24, 1972
To the Honorable Mayor
and City Council
I have appointed Robert L. 'Mond
Special Session, October 24, 1972 487
and Merle A. Viertel to the Board
of Heating, Ventilating, Air -Condi.
tinning and Refrigeration.
These appointments are for a
term of three years from March
3, 1973.
I request that you affirm these
appointments.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved ap
proval of the appointments. Se-
conded by Councilman Thoms. Car-
ried by the following vote:
Yeas -- Mayor Moldenhauer,
Councilmen Justmann. Pregler,
Thoms.
Nays -- None.
Absent — Councilman Bitter.
Mayor Moldenhauer moved the
following appointments: Robert L.
Mond and Merle A. Viertel to the
Board of Heating Ventilating &
Refrigeration for three year terms
to 3-16-75; James W. Grant, Rev.
Robert P. Odden and Virginia M.
Perry reappointed to the I ow Rent
Housing Commission to 8-17-75,
three year terms: Donald R. Me-
yers to 8-17-75 to replace William
J. Witt; Dr. James Clark to the.
.Iii -port Commission for a six year
term to 9-14-78 to replace Robert
Woodward. Councilman Pregler
moved ratification of the appoint-
ments. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann. Pregler,
Thoms.
Nays -- None.
Absent -- Councilman Bitter.
October 19, 1972
Hon. Mayor
and City Council
On August 2, 1972, Dennis D.
Palm of 1940 Winnie Court, this
city, filed claim against the City
of Dubuque in the amount of
$1,860.041 and claiming said d a -
mages occurred on August 2, 1972
as the result of a sewer backup
causing flooding to his basement.
This claim was referred to the
appropriate City Agency who in-
vestigated same and reported to
this office of no actionable neg-
ligence on the part of the City,
and in view of the foregoing, it
is the recommendation of the City
AItornvw that said claim be denied.
Original claim is returned here.
with,
R. N. Russo
City Attorney
Councilman Justmann moved ap.
provai of the recommendation. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — None.
Absent -- Councilman Bitter,
October 19, 1972
Tion. Mayor
and City Council
On August 4, 1972, Ray Grimm
of 1789 Adair Street, this city, filed
claim against the City of Dubuque
in an unspecified claim and claim-
ing said damages occurred on Au-
gu t 1, 1972 as the result of a
sewer backup causing flooding of
his basement.
This claim was referred to the
appropriate City Agency who in-
vestigated same and reported to
this office of no actionable neg.
ligence on the part of the City,
and in view of the foregoing, it
is the recommendation of the City
.lttorney that said claim be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Justmann moved ap-
proval of the recommendation. Se-
conded by Councilman Pregler.
carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — None.
Absent – Councilman Bitter.
October 19, 1972
Hon. Mayor
and City Council
On August 4, 1972, Louis J. White
of 1790 Adair Street, this city, filed
claim against the City of Dubuque,
in an unspecified amount claiming
damages to his basement and its
contents as the result of a sewer
backup on August 1, 1972.
This claim was referred to the
appropriate City Agency who made
an investigation thereof and re-
ported to this office of no action-
able negligence on the part of the
City , and accordingly, it is the
Id&tad claim beyde
ttor-
ney that
ed.
488 Special Session, October 21. 1972
Original claim is returned here.
with.
R. N. Russo
City Attorney
Councilman Justmann moved ap-
proval of the recommendation. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter.
October 19, 1972
Hon. Mayor
and City Council
On August 4, 1972, John T. Ku-
besheski of 229 N. Booth Street,
this city, filed claim against the
City of Dubuque, claiming d a -
mages occurring on August 1, 1972
in an estimated amount of $350.00
and alleging same occurred as the
result of a sewer backup, and flood-
ing his basement.
This matter was referred to the
appropriate City Agency who in-
vestigated same and reported to
this office of no actionable neg-
ligence on the part of the City,
and 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 Justmann moved ap-
proval of the recommendation. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — None.
Absent — Councilman Bitter.
October 19, 1972
Hon. Mayor
and City Council
On August 16, 1972, Thomas J.
Bardon of 2W White Street, this
city, filed claim against the City
of Dubuque, claiming damages in
the amount of $116.44 and alleging;
said damages occurred on August
2, 1972 as the result of a sewer
backup.
This matter was referred to the
appropriate City Agency who in-
vestigated same and reported by
letter to this office of no action-
able negligence on the part of the
City. It is therefore the recommen-
dation of the City Attorney that
said claim should be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Justmann moved ap-
proval of the recommendation. Se-
conded by Councilman Pregler.
Cariied by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Tho ms.
Nays — None.
Absent — Councilman Bitter.
October 19, 1972
Hon. Mayor
and City Council
On August 4, 1972, Clara A. Me-
yer of 1800 Adair Street, this city,
filed claim against the City of
Dul)uque in an unspecified amount
claiming damages to her basement
on August 2, 1972 as the result
of a sewer backup causing flooding
of said basement.
This matter was referred to the
appropriate City Agency who has
made an investigation thereof and
has reported to this office of no
actionable negligence on the part
of the City, and accordingly, 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 Justmann moved ap-
proval of the recommendation. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns.
Nays -- None.
Absent — Councilman Bitter.
October 19, 1972
Hon. Mayor
and City Council
On May 31, 1972, Leath and Com-
pany of 656 Main Street, this city,
filed claim against the City claim-
ing damages in an unspecified
amount and alleging damages on
May 22, 1972 caused by basement
flooding; due to a filled trench in
front of said store causing water
to come into the basement.
Said claim was referred to the
appropriate City Agency who in-
vestigated same and reported to
this office by letter of no action-
able negligence on the part of the
i
Special Session, October 24, 1972 ,lgg
City and 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 Justmann moved ap-
proval of the recommendation. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas -- Mayor Moldenhauer,
Councilmen Justmann. Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter.
October 19, 1972
Hen, Mayor
and City Council
On August 30, 1972, Gerald S.
Brandel of 1207 Cortez Drive, this
city, filed claim against the City
alleging damages of $.%.41 caused
to his motor vehicle on August
2';, 1972 as the resu:t of the door
being scratched while it was park-
ed near the Riverfront Pavilion
in Eagle Point Park in Dubuque,
Iowa.
This matter was referred to the
appropriate City Agency who in
vestigated said matter and report-
ed to this office by letter of no
actionable negligence on the part
of the City and in view of the
foregoing, it is the recommenda-
ti;n of the City Attorney that said
claim be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Justmann moved ap-
proval of the recommendation. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas --- Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter.
October 19, 1972
lion. Mayor
and City Council
On August 2, 1972, Daniel L.
Schmit of 1935 Winnie Court, this
city, filed claim against the City
of Dubuque claiming damages oc-
curring on said date at said ad-
dress as the: result of a sewer
back up caused by heavy rains
and claiming damages in the es-
timated amount of $5WOO
This matter was referred to the
appropriate City Agency who in.
ves igated said matter and report-
ed to this office by letter of no
actionable negligence on the part
of the City and in view of the
foregoing, it is the recommendation
of the City Attorney that the claim
of Daniel L. Schmit be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Justmann moved ap-
proval of the recommendation. Se•
conded by Councilman Pregler.
Carried by the following vote:
year, — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter.
October 19, 1972
llon. Mayor
and City Council
On August 2, 1972, Fred Noah
Smith of 1960 Winnie Court, this
city, filed claim against the City
of Dubuque claiming damages oc-
curring on said date at his home
as the result of a sewer back
up caused by heavy rains and
c,aiming damages in the estimated
amount of $1735.00.
This matter was referred to the
appropriate City Agency who in-
ve tigated said matter and report-
ed to this office by letter of no
negligence on the part of the City
and in view of the foregoing it
is the recommendation of the City
Attorney that the claim of Fred
Noah Smith be denied.
Original Claim is returned here-
with.
R. N. Russo
City Attorney
councilman Justmann moved ap.
proval of the recommendation. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter.
October 19, 1972
lion. Mayor
and City Council
on August 2, 1972, Thomas J.
6rj,use of 1925 Winnie Court, this
city, filed claim against the City
of Dubuque in the amount of $710.00
c nil claiming said damages oc-
190 Special Session, October 24, 1972
curred on August 2, 1972 as the
result of a sewer backup causing
flooding of his basement.
This claim was referred to the
appropriate City Agency who in-
vestigated same and reported to
this office of no actionable neg-
ligence on the part of the City
and 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 Justmann moved ap-
proval of the recommendation. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter.
Notice of claim of Daniel M.
Betts and J. P. Sandman, in the
amount of $10W., for car carnage
incurred as the result of drivine
into a trench in the construc!ion
area at 220 S. Grandview Ave.
on October 14, 1972, presented and
read. Councilman Pregier moved
that the notice of claim be re-
ferred to the City Attorney for
investigation and report. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler.
Thoms.
Nays — None.
Absent — Councilman Bitter.
Notice of claim of George B.
Buell, in an undetermined amount,
for personal injuries received on
a city sidewalk at 1240 W. 12th
Street on September 15, 1972, pre-
sented and read. Councilman Preg•
ler moved that the notice of claim
be referred to the City Attorney
for investigation and report. Se-
conded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — None.
Absent — Councilman Bitter.
Petition of James C. Miller et
al requesting installation of a street
light in the 700 block of Provi-
dence Street, presented and read.
Councilman Pregler moved that
the petition be referred to the City
Manager and Electrical Inspector
for investigation and report. Se-
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — None.
Absent — Councilman Bitter.
Petition of Duane A. Chase and
Marie Sullivan requesting rezoning
of the property al 1710. 1726 and
1740 Asbury from Two Family to
Multiple Family classification, pre.
rented and read. Councilman Preg.
ler moved that the petition be re-
ferred to the Planning & Zoning
Commission. Seconded by Mayor
Moldenhauer. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregier,
Thoms.
Nays — None.
Absent — Councilman Bitter.
Petition of Peoples Natural Gas
requesting permission to excavate
at 605 W. 11th Street to repair
leak in service, presented and
read. Councilman Justmann moved
approval of the petition. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Counci!mcn Justmann, Pregler,
Thoms.
Nays — None.
Absent — Councilman Bitter.
Petition of The New March of
Dimes requesting permission to
conduct a "Mothers Day" march
in January 1973, presented a n d
read. Councilman Pregler moved
approval of the petition subject
to approval of the City Manager.
Seconded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — None.
Absent — Councilman Bitter.
Petition of Fondell & Sons Inc.
requesting permission to excavate
in E. 32nd Street between Jack-
son and railroad viaduct, present•
ed and read. Councilman Pregler
moved approval of the petition sub-
ject to approval of the Engineer-
ing Department. Seconded by Ma-
yor Moldenhauer. Carried by the
following vote:
Yeas -- Mayor Moldenhauer,
Special Session, October 21, 1972
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter.
Petition of Hillcrest Builders Inc.
requesting permission to excavate
at 2075 Kennedy Road for water
main connection. presented a n d
read. Councilman Pregler moved
; pproval of petition subject to ap-
proval of the Engineering Depart-
ment. Seconded by Mayor Molden
hauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen .lust mann, Pregler,
Thoms.
Nays — None.
Absent — Councilman Bitter.
Petiton of Mary Annice Miller
requesting a refund of 537.50 on
the unexpired portion of Class C
Beer permit No. 11325, as she has
discontinued business on October
17, 1972, presented and read. Ma-
vor Moldenhauer moved approval
of the refund request with instruc.
tion to the Auditor to issue proper
warrant. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — None.
Absent — Councilman Bitter.
Petition of Violet Savary request•
ing a refund of $150. on the un-
expired portion of Class B beer
permit No 11323, issued to Theodore
Kanavas, deceaswi October 9, 1972,
presented and read. Mayor Molden-
hauer moved approval of the re-
fund with instruction to the Auditoi
to issue proper warrant. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler.
Thoms.
Nays — None.
Absent — Councilman Bitter.
Petition of Violet Savary request
ink a refund of $50. on the un-
expired portion of cigarette license
No. 65, issued to Theodore Kana
vas, deceased October 9, 1972, pre.
sented and read. Mayor Molden-
hauer moved approval of the re-
fund with instruction to the Auditor
to issue proper warrant. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas -- Mayor Moldenhauer,
491
Councilmen Justmann, Pregler,
Thoms.
Nays — None.
Absent — Councilman Ritter.
RESOLUTION NO, 330-72
WHEREAS, applications for Li-
quor licenses have been submitted
to this Council for approval and
the same have been examined.
NOW TRERFORE BE IT RE
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the fol.owing applications be grant-
ed and licenses issued upon the
compliance with the terms of the
10WA LIQUOR CONTROL ACT—
GRAPTER 131—as amended by the
frith General Assembly, 1972.
CLASS "C" (COMMERCIAL)
BEER g LIQUOR LICENSE
Charles J. Spielman, 2401 Windsor
Avenue
Passed, adopted and approved
this 24th day of October, 1972.
Wayne A. Moldenhauer
Mayor
C. Robert Justmann
Allan T. Thoms
Walter A. Pregler
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thoms moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter.
RESOLTION NO, 331.72
WHEREAS, applications for Li-
quor licenses were filed by the
within named applicants and
ofthey
have received the app
his
Council, and
WItEREAS'the premises to be
occupied by such applicants were
inspected god found to comply with
the State Law and all City or-
dinances relevant thereto and they
have filed proper bonds,
NOW THEREF'O'RE BE 1T RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to causeto b ""
sued to the following s
plicants a Liquor license.
CLASS "C" (COMMERCIAL)
BEER g, LIQUOR I W ndsoi
l'{►axles J Spielman, ,LICENSE
Avenue
492 Special Session, October 24, 1972
Section 1. That the City Council
of the City of Dubuque, Iowa for-
mally aloes on record beseeching
the Governor of the State of Iowa.
the Honorable Robert D. Ray, to
Ali ectly intervene for and on be-
half of the City of Dubuque, Iowa
with the Iowa State Liquor Con-
' Commiss.on to prevail upon
Attest: tro
Leo F. Frommelt said Commission to allow two li-
City Clerk quor store outlets in Dubuque, lo -
Councilman Thorns moved adop- wa, that is, one new facility as
lion of the resolution. Seconded proposed to be located on Dubu-
by Councilman Justmann. Carried que's west side and the retention
by the following vote: of the present or similar retail
Yeas — Mayor Moldenhauer, liquor outlet to serve the down -
Councilmen Justmann, Pregler, town area, the north end area
Thorns. and the Rhomberg Avenue neigh -
Nays — None. borhoods.
Absent — Councilman Bitter. Section 2. That the Governor of
RESOLUTION NO. 332-72 the State of Iowa is herewith in -
WHEREAS, the Cite Council of formed that it is the consensus
the City of Dubuque, Iowa desires of the City Council of the City
to exert its best efforts in order of Dubuque, Iowa that the two
to insure and retain a State retail retail liquor store outlets in the
liquor store outlet be located in City of Dubuque, Iowa are essen-
the Dubuque downtown area; and tially necessary in the best in -
WHEREAS, the City Council of terests of preserving the public
the City of Dubuque, Iowa desires purse as well as rendering a ser -
to express its gratitude to the Iowa vice much needed to the inhrabi-
Liquor Control Commission for its tants of the City of Dubuque, Iowa
decision to locate a new retail and thereby eliminate the costly
liquor facility on the western side excursions to the precincts beyond
of Dubuque, Iowa; and the territorial limits of the City
WHEREAS, the City Council of of Dubuque, Iowa to satisfy the
the City of Dubuque, Iowa is ever demands that should properly be
mindful of the fact that this new satiated and competently served
location will in effect work a direct, within the City of Dubuque, Iowa.
distinct hardship on many of the Fussed, approved and adopted
City's elderly and others who do this 24th day of October, 1972.
not own vehicles but who live in Wayne A. Moldenhauer
the historic downtown area extend- Mayor
ing northward to the city limits; C. Robert Justmann
and Allan T. Thorns
WHEREAS, the City Council of Walter A. Pregler
the City of Dubuque, Iowa desires Councilmen
beseech the Governor of the State Attest:
of Iowa to intervene on the behalf Leo F. Frommelt
of the City of Dubuque, Iowa in City Clerk
requesting that the State Liquor Councilman Thorns moved adop-
Control Commission allow two Io- tion of the resolution as a com-
wa Liquor Store Outlets in Dubu- pletion of motion adopted at Coun-
que, Iowa, that is to say, one cil meeting of October 3, 1972.
new facility in Dubuque's west side Seconded by Councilman Pregler.
and the retention of the present Carried by the following vote:
or similar outlet located in the Yeas — Mayor Moldenhauer,
downtown area to serve the down- Councilmen Justmann, Pregler,
town area, the north end area Thoms.
and Rhomberg Avenue neighbor- Nays — None.
hoods. Absent — Councilman Bitter.
NOW THEREFORE. BE IT RE- Councilman Pregler moved that
SOLVED BY THE CITY COUNCIL the Boards and Commissions of
OF THE CITY OF DUBUQUE, the City meet in the City hall
IOWA: at the time of their regubarly sche-
Passed, adopted
and approved
this 24th day of October, 1972.
Wayne A.
Moldenhauer
Mayor
C. Robert
Justmann
Allan T.
Thorns
Walter A.
Pregler
Councilmen
Special Session, October 24, 1972 493
duled meetings for the benefit of 1'regler. Carried by the following
the general public. vote:
Ci:y Attorney Russo recommend. Yeas — Mayor Moldenhauer,
ed that the idea be referred to Councilmen Justmann, Pregler,
the Council and staff for considera Thoms.
tion. Seconded by Councilman Just- Nays — None.
mann. Carried by the followingAbsent — Councilman Bitter.
vote: Leo F. Frommelt
Yeas — Mayor Moldenhauer, City Clerk
Councilmen Justmann. Pregler,
Thorns. Januar 8
Nays — None. Approved ............................. 1973
Absent — Councilman Bitter. Januar 9
Communication of Sisters of St. A b ted ............. ................' 1 Francis requesting requesting rezoning of a
portion of land located north of
Davis Avenue from single family •. `
to multiple residence district clas-
sification to be used for a child
development care center, present-, •_ ••••••.IeL
ed and read. Councilman Pregler
moved that the communication be /
referred to the Planning do Zoning . ••••• . 'i... .......
Commission. Seconded by Mayor ;
Moldenhauer. Carried by the fol-
lowing vote: ! ...... .... ........
Yeas — Mayor Moldenhauer,
Councilmen Justmann. Pregler, i
Thorns. .. ....... ...
Nays — None. ounciltnen
Absent — Councilman Bitter. i (`l /
There being no further business
Councilman Justmann moved to R ....................
adjourn. Seconded by Councilman i ity Clerk
Regular Session, November 6, 1972 495
CITY COUNCIL
OFFICIAL
Regular aesaion, November 6,
1912.
Council melt at 7:30 P.M. (C.S.T.)
present — Mayor Moldenhauer,
Councilmen Litt • r, Justmann,
Preglar, Thoms. City Manager Gil.
bort D. Chavenelle,
Mayor Moldenhauer read the call
and stated that oeervice thereo( had
been duly made and this is the
Regular Meeting, called for the
purpose d acting upon such busi-
ness as may properly come before
the meeting.
Budget Estimate CITY
I I I
Tax Year 1973
Sc Omer
NOTICE: The City Council of Dvblmve In Dubuque County,
lows. will meet
November 6. 1477 at 7.30 P.M. at City Hall In the Council Ch~' In
the City of Dubuque, Iowa Taxpayers will be heard at that time for or
against the following Budget Estimate. This It a Summary of the Supporting
Detail of Budget Receipts and Expenditures on file with
the City Clerk,
Copies Of the Supolemeetal Detail (Schedule 631•A) will be furnished any
ta.payer Upon request.
I I '
1s/ Leo F. FrarruneM. CNA
A e C
Func. sub b9lFlynl )
10. Niw daAMtlon
E •r6
I II
12,1x660611,125.227
EXPENDITURES FOR YEAR
'
11. Utility:
1972
I
12. Utlltty:
Funds
CE
WCC
Aa
LLE.}•em
(Usek
1171
Actual
i W
Esti-
I 1977
Proposed
a
w
M'
Ewty
ls.PubRc Salety
y,p63I
x61.1111 x212741
mated
16. Debt Service
p0 all
/ygN611,ON.xt"
W e
x
x10,4611
174 Defier
I
1001 22,6x1
O
Za
I I
It.
20
1
W
21.
I
I GenAcmft
eral Admhn.. I 6W.424' 720,4111 10,5661
f /991753i 367,417
2, Street Street 1 1!9,0561 142,2111 175,490!
I 40.7011 175,54
2. Publ. maty: 1 1,92113071 2Aa6mm 11N/Ag1
571I5001140,5117
`3a Fire 1 I I
I I
--2b 0"ter 1 I 1 I
I I
l Sanitation dine 1 664.9,231 762AS11 775,722!
I 509,4421 766dx0
6Aun. Enterp.:1Ili
,2)2
S. Library I 421,763! 444,10 5071_
II
1 211,507
Sb Airport
I I I
Sc Omer
!
I I
6. Recreation:
561,6221 591,9221 612,2201
11310651 110,155
1
w Other _
7 utllltbe
1 I I 1
11,"1,2191 2XSA61 1.2241651
I
IIA70`IOaI 15L357
I
fi.
I I '
I
I
Func. sub b9lFlynl )
10. Niw daAMtlon
I1 I
I ♦344.!201' 7.O14.NOi 6,121 W
I II
12,1x660611,125.227
OTHER
'
11. Utility:
I 1
12. Utlltty:
I I
I I
17 UtII1tY:I
'
I I
14.
11 I 1114 seg
Ems'
None I 10/6671
(
ls.PubRc Salety
y,p63I
x61.1111 x212741
4,000' 11T.27
16. Debt Service
p0 all
/ygN611,ON.xt"
11,1001,051.7M
17. Trust L Aeency:
x10,4611
174 Defier
I I1
!x.7701 74,7541 27.7111
1001 22,6x1
la. Tort Liability
I I
It.
20
1
I
21.
I ... , nn ese.]271
23. Street (R.U.T.) 11.160•°y'1
24. Liquor -runt
25. Parking AOk*W
26. Palicltla LOt
267 x7M 272.0211
27. Parkins FaclHllas I !66,47x'
,IS4.111'11,900.0o+'w,.o,•••
20. Total _ ---- -- 7
$0.30EstlmMad Taxp Parr $1,000 Asa"- V6Wafbn
496 Regular Session, November 6, 1972
Councilman Pregler moved that
the proof of publication be received i
and filed. seconded by Council-
man Bitter. Carried by the follow-
ing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Councilman Pregler moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Mr. Richard H. Ludwig, Presi-
dent of the Chamber of Commerce,
read a report from the Chamber
Committee on Taxation, expressing
appreciation of the cooperation of
the Council and City staff during
the review of the 1973 budget and
recommending Council approval of
the budget, however expressing
some concern as to the lateness
of filing the budget and further
suggesting the formation of a bud-
get review committee. Councilman
Justmann moved that the com-
munication be received and filed.
Seconded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
In the general area of Revenue
Sharing and after considerable dis-
cussion Councilman J u s t m a n n
moved that the City Manager and
City Attorney explore the possibili-
ty of returning monies to original
taxpayers. Seconded by Mayor
Moldenhauer, Upon further motion
Mayor Moldenhauer moved to table
the motion until the first meeting
in December. Seconded by Council-
man Bitter. Carried by the follow-
ing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, P re g I e r,
Thoms.
Nays — None.
Abstain — Councilman J u s t•
mann.
Mr. Al Kremenek of 3025 Karen
Street addressed the Council by
stating that his taxes rose from
$241.33 in 1962 to $643.38 in 1971.
Councilman Justmann moved
that the tax askings be reduced
by $143,532 covering the emergency
mill levy of $104,447 plus $39,085
public safety making a total de-
duction of $143,532. Seconded by
Mayor Moldenhauer. Councilman
Bitter my✓ed to table the motion
until December. Motion died for
lack of a second. Roll call on
the original motion was as follows
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler.
Nays — Councilman Thorns.
Communications from the State
Comptroller, one of which suggest-
ed, the submission of the budget
to the County Auditor as soon as
possible in normal fashion, and
if budget is to be reevaluated sub-
mit the information after receiving
first revenue sharing check, all
because of unreliable income and
population data built into revenue
sharing formulas, presented and
read. Councilman Pregler moved
that the communications be re-
ceived and filed. Seconded by
Councilman Bitter. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
November 3, 1972
To the Honorable Mayor and
Members of the City Council
Attached hereto is a list of par-
cels of real estate within the City
limits, consisting of ten acres or
more which would be eligible for
taxation as agricultural land.
Also attached are the applica-
tions for exemption as filed by
property owners that have ten ac-
res of land or more, in one piece,
within the city limits. These pro-
perty owners have certified that
the land is being used for agricul-
tural or horticultural purposes, and
are entitled to tax exemption as
provided by law.
A copy of the attached list will
be filed in the office of the County
Auditor at the time of filing the
budget.
Gilbert D. Chavenelle
City Manager
Regular Session, November 6, 1972 497
Councilman Bitter moved appro-
val of the list with instructions
that same be filed with the County
Auditor. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas -- Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None
RESOLUTION NO. 333.72
WHEREAS, the Council of the
City of Dubuque, lova, caused to
be prepared and published as pro-
%ided by law, the Budget Estimate
of Expenditures for the fiscal year
beginning January 1, 1973 and end.
ing December 31, 1973 and the
hearing upon said budget estimate
was fixed for the 61h dad- of Novem-
ber 1972, at 7:30 o'clock P.M.,
in the Council Chamber at the
City hall; and
WHEREAS, this being the time
and place for said hearing, said
Budget Estimate was taken up for
final consideration by the Council
and all parties in interest have
been given an opportunity to be
heard for or against said Budget
Estimate.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That the budget estimate of ex-
penditures for the fiscal year be-
ginning January 1, 1973 and end-
ing December 31, 1973, heretofore
prepared and pub:ished be and the
same is hereby finally approved
and adopted and the Mayor and
Clerk are directed to certify the
same to the County Auditor of
Dubuque County, Iowa, together
with a verified proof cd publication
and the notice of hearing upon
said Budget Estimate.
BE IT FIR"IF.R RESOLVED,
that the taxes required to be col-
lected in the year be and the
same are hereby levied in the
amounts of said Budget Fstimate.
Passed, adopted and approved
this 6th day of November, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoma
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas -- Mayor MoldenUauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms,
Nays— None.
Mayor Moldenhauer announced
the appointment of Mrs. Frank
Ciccarelh to the Board of Zoning
Adjus4ment to take the place of
Naomi G. Buelow for an unexpired
fire year term to 35.77. Council-
man Pregler moved ratification of
the appointment. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays—None.
Communication of State Depart-
ment of Health extending permit
No. 72-59-S for planning of the
remaining portions of Phase II Wa-
ter Pollution Control improvements
to July 1, 1974, presented and read.
Councilman Pregler moved that
the communication be received and
filed. Seconded by Councilman Bit-
ter. Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays—None.
Communication of Dubuque Ad-
visory Commission showing some
concern in the delay of consider-
in,g and adoption ofaeof
an
Ethics for the City, presented
readCouncilman Thoms moved
,that the communication be receiv-
ed and filed, and referred to the
Council for future proceedings. Se-
cunded by Councilman Bitter. Car
ried by the following vote:
yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
Communication Of Mrs. Harold
Bechen td 236 E. 27th St. objecting
to the prW,osed Couler Valley Cor-
496 Regular Session, November 6, 1972
Councilman Pregler moved that
the proof of publication be received
and filed. Seconded by Council-
man Bitter. Carried by the follow-
ing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Councilman Pregler moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas -- Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Mr. Richard H. Ludwig, Presi-
dent of the Chamber of Commerce,
read a report from the Chamber
Committee on Taxation, expressing
appreciation of the cooperation of
the Council and City staff during
the review of the 1973 budget and
recommending Council approval of
the budget, however expressing
some concern as to the lateness
of filing the budget and further
suggesting the formation of a bud-
get review committee. Councilman
Justmann moved that the com-
munication be received and filed.
Seconded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
In the general area of Revenue
Sharing and atter considerable dis-
cussion Councilman J u s t m a n n
moved that the City Manager and
City Attorney explore the possibili-
ty of returning monies to original
taxpayers. Seconded by Mayor
Moldenhauer. Upon further motion
Mayor Moldenhauer moved to table
the motion until the first meeting
in December. Seconded by Council-
man Bitter. Carried by the follow -
int; vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, P reg le r,
Thom s.
Nays — None.
Abstain — Councilman J u s t -
mann.
Mr. Al Kremenek of 3025 Karen
Street addressed the Council by
stating that his taxes rose from
$241.33 in 1962 to $643.38 in 1971.
Councilman Justmann moved
that the tax askings be reduced
by S143,512 covering the emergency
mill levy of $104,447 plus $3.9,085
public safety making a total de-
duction of $143,532. Seconded by
Mayor Moldenhauer. Councilman
Bitter moved to table the motion
until December. Motion died for
lack of a second. Roll call on
the original motion was as follows
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler.
Nays — Councilman Thorns.
Communications from the State
Comptroller, one of which suggest-
ed, the submission of the budget
to the County Auditor as soon as
possible in normal fashion, and
if budget is to be reevaluated sub-
mit the information after receiving
first revenue sharing check, all
because of unreliable income and
population data built into revenue
sharing formulas, presented and
read. Councilman Pregler moved
that the communications be re-
ceived and filed. Seconded by
Councilman Bitter. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thorns.
Nays — None.
November 3, 1972
To the Honorable Mayor and
Members of the City Council
Attached hereto is a list of par-
cels of real estate within the City
limits, consisting of ten acres or
more which would be eligible for
taxation as agricultural land.
Also attached are the applica-
i.ions for exemption as filed by
property owners that have ten ac-
res of land or more, in one piece,
within the city limits. These pro-
p^rty owners have certified that
the land is being used for agricul-
oiral or horticultural purposes, and
are entitled to tax exemption as
provided by law.
A copy of the attached list will
be filed in the office of the. County
Auditor at the time of filing the
budget.
Gilbert D. Chavenelle
City Manager
Regular Session, November 6, 1972
Councilman Bitter moved appro-
val of the list with instructions
that same be filed with the County
Auditor. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None
RESOLUTION NO. 333-72
WHEREAS, the Council of the
City of Dubuque, Iowa, caused to
be prepared and published as pro.
vided by law, the Budget Estimate
of Expenditures for the fiscal year
beginning January 1, 1973 and end-
ing December 31, 1973 and the
hearing upon said budget estimate
was fixed for the 61h day of Novem-
ber 1972, at 7:30 o'clock P.M.,
in the Council Chamber at the
City Hall; and
WHEREAS, this being the time
and place for said hearing, said
Budget Estimate was taken up for
final consideration by the Council
and all parties in interest have
been given an opportunity to be
heard for or against said Budget
Estimate.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCII.
OF THE CITY OF DUBUQUE,
IOWA:
That the budget estimate of ex-
penditures for the fiscal year be-
ginning January 1, 1973 and end-
ing December 31, 1973, heretofore
prepared and pub:ished be and the
same is heroby finally approved
and adopted and the Mayor and
Clerk are directed to certify the
same to the County Auditor of
Dubuque County, Iowa, together
with a verified proof of publication
and the notice of hearing upon
said Budget Estimate.
BE IT FURTILER RESOLVED,
that the taxes required to be col-
lected in the year be and the
same are hereby levied in the
amounts of said Budget Estimate.
Passed, adopted and approved
this 6th day of November, 1972.
Wayne A. Moldenhauer
M ayor
Waller A. Pregler
Allan T. Thome
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
497
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter, Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Mayor Moldenhauer announced
the appointment of Mrs. Frank
Ciccarelb to the Board of Zoning
AdJuslment to take the place of
Naomi G. Buelow for an unexpired
five year term to 3.5-77. Council-
man Pregler moved ratification of
the appointment. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
Communication of State Depart-
ment of Health extending permit
No. 72-59-S for planning of the
remaining portions of Phase II Wa-
ter Pollution Control improvements
to July 1, 1974, presented and read.
Councilman Pregler moved that
the communication be received and
filed. Seconded by Councilman Bit-
ter. Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
Communication of Dubuque Ad-
visory Commission showing some
concern in the delay of consider-
ing and adoption of a Code of
Ethics for the City, presented and
read. Councilman Thoms moved
that the communication be receiv-
ed and filed, and referred to the
Council for future proceedings. Se-
conded by Councilman Bitter. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
Communication of Mrs. Harold
Beeben of 238 E. 27th St. objecting
to the projosed Couler Valley Cor-
498 Regular Session, November 8, 1972
ridor freeway, presented and read.
Mayor Moldenhauer moved that
the communication be received and
filed and referred to the Council
and consultants. Seconded by Coun-
cilman Bitter. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r. Justmann,
Pregler, Thoms.
Nays—None.
October 24, 1972
Tb 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 Sep-
tember 1972.
Gilbert D. Chavenelle
City Manager
Mayor Moldenhauer moved that
the reports be received and filed.
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Jusmann,
Pregler, Thoms.
Nays—None.
November 1, 1972
Honorable Mayor and
City Council
I return to you a petition for
a street light along the 700 block
of Providence Street.
The area has been inspected and
it is recommended a 4000 lumen
incandescent be installed on a pole
located at the southeast corner of
Providence Street and Stafford
Street intersection.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved ap-
proval of the recommendation. Se-
conded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays—None.
October 24, 1972
llonorable Mayor and Councilmen
The Dubuque Planning and Zon-
ing Commission has held a public
hearing on a request to reclassify
property known as the Old Timers
Athletic and Supper Club Place
except the northerly 180 feet there
of from Single Family Residence
to Multiple Residence classifica-
tion. The public hearing produced
no oral or written objection to
the proposal.
In 1969, the Commission had con-
sidered alternative uses for this
site and had determined that Mul-
tiple Family development would
be appropriate. The Commission
has considered this petition and
wishes to reaffirm its prior de-
cision. It is the recommendation
of the Dubuque Planning and Zon-
ing Commission that the petition
be approved.
CITY PLANNING AND
ZONING COMMLSSION
Daniel Dittemore
Development Planner
Councilman Pregler moved that
the communication be referred for
proper proceedings. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
October 24, 1972
Honorable Mayor and Councilmen
The Dubuque Planning and Zon-
ing Commission has considered the
request of the Dubuque Packing
Company for vacation of Maple
Street between 16th Street and 17th
Street in the City of Dubuque,
Iowa. The Commission has found
that Maple Street serves no pur-
pose as a public thoroughfare at
this location and has recommended
that it be vacated in accordance
with the request, subject to appro-
priate easements for utilities.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Pregler moved that
the recommendation be referred
for proper proceedings. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays --None.
October 24, 1972
Honorable Mayor and Councilmen
The Dubuque Planning and Zon-
ing Commission has considered the
request of Mr. and Mrs. Richard
Regular Session, November 6, 1972 499
Fuerst to vacate the platted alley
lying east of Lot 155 of Hamm's
Addition in the City of Dubuque,
Iowa, The Commission has found
that this alley provides the only
means of access to property de-
scribed as I.ot 76 of Hamm's Add-
ition and therefore cannot be va-
cated without the consent of this
adjoining property owner. The
Commission has also determined
that the vacation of the alley would
provide no substantial benefit to
either abutting property owner and
has therefore recommended that
it be retained as a public right -of
way.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Bitter moved app-
roval of the recommendation. Sec.
onded by Mayor Moldenhauer. Car -
vied by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays --None
Notice of District Court of taking
oral deposition beginning October
31, in the case of St. Joseph Mercy
Hospital, presented and read. May-
or Moldenhauer moved that the
notice be received and filed. Sec.
onded by Councilman Bitter. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
October 30, 1972
Corporation of Waterloo, Iowa and
therefore is assertable against said
contractor, and accordingly, it is
the recommendation of the City
Attorney that said claim be denied.
We have forwarded copy hereof
to the claimants and have asked
that we be kept advised.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Bitter moved appre-
Val of the recommendation. Se-
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann
Pregler, Thoms.
Nays — None.
Hon. Mayor and
City Council
On October 16, 1972, Daniel M.
Betts and Joseph Paul Sandman
of 2180 St. Celia and 1729 Avalon
Streets, respectively Jointly filed
claim in the amount of $10W.00
against the City of Dubuque and
claiming said damages occurred
on October 14, 1972 to his auto
as the result of striking a trench
open across the street at 220 S.
Grandview and further alleging
that barricades at Grandview and
Southern Avenue and signs had
been removed.
I have investigated said claim
and conferred with the Street Com-
missioner and find said street was
under construction by Cedar Valley
October 31, 1972
Hon. Mayor and
City Council
On September 1, 1972, Roy V.
ingles of 16 East 13th Street, this
city, filed claim against the City
of Dubuque in the amount of $38.63
alleging that. on August 13, 1972.
he damaged his motor bike as
the result of striking a patch of
oil on the roadway at the corner
of Iowa Street between First and
Second Streets causing him to lose
control of said vehicle.
I have investigated this matter
and have conferred with the Street
Department and find no actionable
negligence on the part of the City
and accordingly, 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 Bitter moved appro-
val of the recommendation. Se-
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
October 30, 1972
Hon. Mayor and
City Council
On August 4'1972, Fred
r dcR. B ndy
of 1890 Key
iled
claim against the City of Dubuque
in the amount of $3,x.00 and al-
leging said claim arose out of his
striking a loose manhole cover on
500 Regular Session, November 6, 1972
August 2, 1972 at 1788 Key Way
and said cover wedging itself be
tween the street and his vehicle
lifting same off the pavement and
then dropping said vehicle causing
extensive damages to the auto.
I have made an investigation
of this matter and have conferred
with the Street Commissioner and
find that said manhole lid popped
out due to an unusually heavy
rainfall. This rainfall caused other
manhole lids to .pop out as well
and the manhole lids were reset
promptly by the street department.
Accordingly, it is my opinion there
was no actionable negligence on
the part of the City oaf Dubuque
and recommend that said claim
be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Bitter moved appro.
val of the recommendation. Se-
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
October 18, 1972
lion. Mayor and
City Council
On the 9th of October, 1972, La-
vonne Ryan of 2757Vz Broadway,
Dubuque, Iowa filed claim against
the City of Dubuque, Iowa in the
amount of $27.92 as the result of
barricade in Karrigan's parking
lot on September 29, 1972.
I have reviewed said claim and
have examined the site and it is
my opinion that there was no ac-
tionable negligence on the part of
the City and therefore it is my
recommendation that said claim
be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Bitter moved appro-
val of the recommendation. Se-
conded by Mayor Moldenhauer.
Carried by the following vote:
yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
October 23, 1972
Honorable Mayor and
City Council
On March 14, 1972, Lowell H.
Wolter of 3241 Sheridan, this city,
filed claim against the City of
Dubuque, in the amount of $12.00
and claiming said damages occurr-
ed to tires on his motor vehicle
on March 13, 1972 as the result
of dropping into a hole on the
edge of the roadway while driving
near 175 W 32nd Street, this city.
This matter was referred to the
City Attorney who has made an
investigation thereof and finds no
actionable negligence on the part
of the City of Dubuque, and in
view thereof, it is the recommenda.
tion of the City Attorney that the
claim of Lowell H. Wolter be de-
nied.
Original Claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Bitter moved appro-
val of the recommendation. Se-
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
October 24, 1972
Honorable Mayor and
City Council
On December 29, 1971, Original
Notice with petition attached was
served on the City of Dubuque.
Iowa, wherein Frank Oswald,
plaintiff, commenced an action in
the District Court of Dubuque
County, Iowa against Kermit M.
Meyer and Claude J. Meyer, D -b -a
Union Cigar Store, and City of
Dubuque, Iowa, as defendants, ask-
ing judgment in the amount of
$16,940.50, with interest and costs,
being Law No. 3W3, said action
arising out of a claim for damages
for personal injuries allegedly suf-
fered as the result of a fall on
February 5, 1971 on the sidewalk
in the City of Dubuque at a point
at or near 3W Main Street and
further alleging that said fall was
due to the icy condition of said
sidewalk. The original notice and
petition was referred to the City
Attorney who interposed appropri-
ate pleadings thereto and plain-
Regular Session, November 6, 1972 501
tiff, through his attorney, has made
an offer of settlement in the
amount of $2,250.00 and the City's
share of said settlement contribu-
tion is in the amount of $750.00
and that said offer of settlement
should be accepted.
That the City Auditor be in-
structed to draw warrant payable
to Frank Oswald and transmit
same to the City Attorney for de-
livery upon receipt of duly exe-
cuted release and dismissal of said
cause with prejudice and upon
payment of court costs.
Original Notice with petition at-
tached and notice of claim is re-
turned herewith.
R. N. Russo
City Attorney
Councilman Bitter moved appro-
val of the recommendation. Se-
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thorns.
Nays — None.
Notice of claim of Carol Mays,
in the amount of $20. for car da-
mage incurred as the result of
striking a hole in the street at
730 Harvard on August 11, 1972,
presented and read. Councilman
Bitter moved that the notice of
claim be referred to the City At-
torney for proper action. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayo Moldenhauer.
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays None.
Notice of claim of Mclkowell Ap-
pliance, in the amount of $35.00,
for expense incurred as the result
of a backed -up sanitary sewer at
IRM Central Ave. on October 11,
1972, presented and read. Council-
man Bitter moved that the notice
of claim be referred to the City
Attorney for proper action. Se-
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas -- Mayor Moldenhauer,
Councilmen B i t t e r. Justmann,
11'regler, Thorns.
Nays — None.
Notice of claim of Hobert W.
Fortmann, in the amount of $7501
for expense incurred as the result
of a backed -up sanitary sewer at
his home at 1Ki Kaufmann Ave.
on October 20, 1972, presented and
read. Councilman Bitter moved
That the notice of claim be re-
ferred to the City Attorney for
proper action. Seconded by Mayor
Moldenhauer. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing to amend Zoning Or-
dinance No. 3-34 by repealing Sec-
tion i of article V-A thereof and
enacting a new Section 1 of Ar-
ticle V-A in lieu thereof, present-
ed and read. Councilman Bitter
moved that the proof of publica-
tion be received and filed. Second-
ed by Mayor Moldenhauer. Car-
Hed by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen Bitter. Justmann.
Pregler Thoms.
Nays None.
Mr. R. J. Rosenow of 1420 Glen
Oak St. objected to the proposed
Ordinance amending the Zoning
Ordinance which would permit the
sale and consumption of beer in
cafes and cafeterias. Ile told the
Council if they ignore the recom-
mendation of the Planning & Zon-
ing Commission, the City Solici-
tor, and the Petitioners, all being
aga nst the proposed change, he
would have nothing more to say.
because it would prove to be fruit-
less. Mr. Anthony Boleyn objected
to the proposed zoning change be-
cause it would reduce the resale
value of his property at 1084 Ver-
non Street.
Mr. Phil Langas addressed the
Council relative to his many pe-
titions for a Class B beer license.
ORDINANCE NO. 53.72
An Ordinance amending and chan-
ging Ordinance No. 3.34 known as
the "Zoning Ordinance of the City
of Dubuque, Iowa", by repealing
Section 1 of Article V-A and adopt.
ing a new Section 1 of Article
V-A in lieu thereof, to classify
restaurants, cafes and cafeterias
as uses separate and distinrcct from
retail stores, and to pe
it the
sale and consumption ofbeer coli•
in, under certain specified
tions,
said Ordinance having been pre
502 Regular Session, November 6, 1972
viously presented and read at the
Council meeting of October 3, 1972,
presented for final adoption.
Councilman Justmann moved for
final adoption of the Ordinance.
Seconded by Councilman Bitter.
Yeas — Councilman Justmann.
Nays — Mayor Moldenhauer,
Councilmen Bitter, P r e g le r,
Thorns.
ORDINANCE NOT ADOPTED.
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing to amend Ordinance
No. 46-72 known as an Ordinance
regulating the sale and consump-
tion of beer and Liquor, by re-
pealing Section 4 thereof and enact.
ing a new Section 4 in lieu there-
of, presented and read. Council-
man Pregler moved that, the proof
of publication be received a n d
filed. Seconded by Councilman Bit-
ter. Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Pregler, 'Moms.
Nays — Councilmen Bitter, Just -
mann.
ORDINANCE NO. 55.72
An Ordinance amending Ordi-
nance No. 46.72 by repealing
Section 4 thereof and enacting
a new Section 4 in lieu thereof
to provide for the location of the
premises of a Class "B" Beer
Permit within a local Business
"A" District Classification,
said Ordinance having been pre-
viously presented and read at the
Council meeting of October 3, 1972,
presented for final adoption.
Councilman Pregler moved that
the Ordinance as proposed not be
adopted. Seconded by Councilman
Bitter. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Pregler, Thoms.
Nays–Councilmen Bitter, Just -
mann.
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing to repeal an ordinance
adopted in 1907 purporting to va.
Cate and grant the use to Dubuque
Boat and Boiler Works a strir
of public land located between the
north side of the Ice Harbor and
the south line of Block D, E and
L of Booth's Addn. to the Citi
of Dubuque and extending from
the westerly line of extended Lo
' of Block D easterly to the west.
srly line extended of Block 13 of
Block 1, of said Booth's Addn. said
strip being a portion of the levee
nn the north side of the Ice Harbor,
presented and read.
Councilman Justman moved that
the proof of publication be received
and filed. Seconded by Councilman
Bitter. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann, Pre-
gler, Thorns.
Nays—None.
Communication of the Dock Com-
mission recommending adoption of
a proposed repealing ordinance
purporting to vacate and grant the
use of Dubuque Boat do Boiler
Works, now known as Dubuque
Boat do Boiler Co., and that im-
mediate action be taken to adopt
the ordinance presented and read.
Councilman Justmann moved that
the communication be received and
filed. Seconded by Councilman Bit-
ter. Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays—None.
Communication of Dubuque Boat
and Boiler Company advising the
City of their intention to fully re-
sist any and all adverse claims
to the title of their real estate
located in a portion of the levee
on the north side of the lee Harbor,
presented and read. Councilman
Thorns moved that the communi-
cation be received and filed. Sec-
onded by Councilman Bitter. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays—None.
ORDINANCE NO. 56.72
An Ordinance repealing Ordi-
nance of the City of Dubuque,
Iowa adopted March 21, 1901
purporting to vacate and grant
the use to Dubuque Boat and
Boiler Works (now known as
Dubuque Boat A Boiler Co.) of
a portion of the levee property
on the north side of the Ice Har.
bor in the City of Dubuque, Iowa
said Ordinance having been pre•
viously presented and read at the
Regular Session, November 6, 1972 503
Council meeting October 16, 1972,
presented for Final adoption
ORDINANCE No. sbfl
AN ORDINANCE REPEALING OR-
DINANCE OF THE CITY OF DU-
BUQUE. IOWA ADOPTED MARCH
21, 1907 PURPORTING TO VACATE
NORTH SIDE OF THE ICE HARBOR
IN THE CITY OF DUBUQUE. IOWA
WHEREAS, on the 21st day of
March, 1907, the City Council of the
City of Dubuque, Iowa enacted anor
dinance purportedly for the vacation
of a strip of public land located be-
tween the north side o1 the Ice Harbor
and the soutftline of Block D, E 6 L of
Booth's Addition to the City of Du-
buque and extending from the wester-
ly tine extended of Lot 7 of Block D
easterly to the westerly line extended
of Lot 13 of Block L of said Booth's
Addition said street bel
a portion of
the levee on the north sda of the Ice
Harbor of the City of Dubuque. Iowa
and wherein said ordinance purported
to vacate said strip o1 land and grant
The use thereto to Dubuque Boat and
Boiler Works (now known as Dubuque
Boat b Boiler Co.I for its uses for the
construction of boats as built by said
Dubuque Boat and Boiler Works (now,
known as Dubuque Boat b Boiler
Co ); and
WHEREAS, the City Council of the
City of Dubuque. Iowa has determined
that the said levee has not bee used
by the Dubuque Boat and Boile
Works (row known as Dubuque Boat
6 Boller Co.) in accordance with said
Purported grant; and
WHEREAS, the City Council of the
City of Dubuque, Iowa finds and de•
termines that no taxes have be" paid
on said prooefty since the date of
March 21, 1907; end
WHEREAS, the City Council of the
City of Dubuque, Iowa finds and de
termines that originally said levee was
created and acquired by the citizens
of Dubuque, Iowa who then conveyed
said levee by deed to the City of Du-
buque and on corWition that the forth
shore be reserved as a public levee
at least one hundred feet wide; and
WHEREAS, the City Council of the
City o1 Dubuque. Iowa finds and de-
termines that Dubutiue Boat and Boll-
er Works (now known as Dubuque
Boat b Boiler Co ) has ceased oper-
ations as of October 7, 1972 oo which
date a public auction was held of all
of the personal property of said Com-
panv; and
WHEREAS, the City Council of the
City of Dubuque, Iowa finds and de-
termines that said purported ordl.
nance are grant o1 use was void and
not in accordance with low and there-
fore of no force and effect and thal
said ordinance purporting to vacate
and grant the same should be repeal-
ed as it was an attempt to make a
gift of public lends to a private per-
son, firm or corporation
NOW THEREFORE BE IT ORDAIN.
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That ordinance for the va-
cation of a strip of public land 10 -
Gated between the north side of the
Ice Harbor and the south line of Block
D, E and L of Booth's Addition to
the City of Dubuque and extending
from the westerly line of extended
lot 7 of Block D easterly $0 the west-
erly line extended of Block 13 o1
Block L of said Boom's Addition said
strip being a portion of the levee on
the north side of " Ice Harbor Of
the City of Dubuque, Iowa adopted
March 21, 1907 and approved on
March 23, 1907 and published in The
Telegraph Herald on March 25, 1907
be and the same is hereby repealed
and of no further force and &Hatt and
said purported grant therein Is deem.
ad of no force or effect and said levee
property herelnabuve described i'
deemed property of the City of Du.
buque. Iowa
section 2. That the City Manager
be and he Is hereby directed and In
,ion neeceect ssary ith aandtoIndoicatedf ttooepro.
tett the Interests Of the City Of Ou.
buque in and to said property.
PASSED, APPROVED AND ADOPT.
ED, this 6th day o1 November, 1977.
Wayne A. Moldenhauer
Mayor
Allan T Thoms
C. Robert Justmann
Walter A. Pregler
Joseph J. Bitter
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in The Telegraph.
Herald Newspaper this loth day of
November, 1972,
Leo F Frommelt
It. 11110 City Clerk
Councilman Justmann moved fin-
al adoption of the Ordinance. Sec-
onded by Councilman Bitter. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i It t e r, Justmann,
Pregler, Thoms.
Nays—None.
October 24, 1972
Honorable Mayor and Councilmen
The Dubuque Planning and Zon-
ing Commission has reviewed a
request by Metz Manufacturing to
vacate the public alley east of
Elm Street between 16th Street
and 17th Street in the City of
Dubuque, Iowa. The Commission
has determined that this alley
serves no useful purpose as a pub-
lic right-of-way and has recomm-
ended that it, be vacated in accord.
ance with the request.
City Planning and Zoning
Commission
Daniel Dittemore
Development Planner
Councilman Bitter moved that
the recommendation be received
and filed. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays --None.
ORDINANCE N0. 57-72
An Ordinance for sale and va-
cation of alley lying between 16th
and 17th Streets and Elm and
Pine Streets in the City of Du-
buque, Iowa•
presented and read.
Councilman Pregler moved that
the reading just had been con-
sidered the first readingOf
the
Ordinance. Seconded by
I man Bitter.
504 Regular Session, November 6, 1978
-hall be done in accordance with plans
Carried by the following Vote:
heretofore submitted by permittees
Yeas — Mayor Moldenhauer, and approved by City Manager, under
the supervision and dlrcction of the
Councilmen B i t t e r, Justmann. City Manlier, and in accordance w;th
all applicable state and federal laws
Pregler, Thoms. 'had regulations ae Ci;Y of nd the Ordinances of
e.
Nays—None. Section 1 That the permission here.
Councilman Pregler moved that In granted is expressly
ynt roonditioned on
the rule requiring an Ordinance a) Assume any and all liability for
damages to persons or property
to be read on three separate days which may result from the exist -
be waived. Seconded by Council- ence, construction or mainten-
ance of said dock extension;
man Bitter. Carried by the fol- b) To pay on behalf of the City of
Duburtue all sums which the City
lowing vote: of Dubuque shall become obll-
g}ted to pay by reason of the iia -
Yeas — Mayor Moldenhauer,
bility ImpOSMt upon the City of
Councilmen Bitter, Justmann, Dubuque for damages of any kind
resulting from the ecistence, con.
Pregler, Thoms. struction or maintenance of sold
dock ey.trns(on, sustained by any
Nays—None. person or persons, caused by ac
cident or otherwise, to defend at
Councilman Preglkr moved that its own expense and on befralf of
said City any claim Against the
a public hearing be held on the City of Dubuque arising out of
Ordinance on December 4, 1972, the exielenee, construction or
maintenance of deck extension;
at 7:30 o'clock P.M. in the Coun- c) To irdemnify and hold city of
Dubunue free and harmless from
cil Chamber at the City Hall and any and all claims, loss, Iirbility
and expense for Injuries to third
that the City Clerk be instructed persons or damages to ornperty
to publish notice of the hearin g of third persons, f for damage
to any property of City of Du -
in the manner required by law. buque which may occur as a
result of or in connection with the
Seconded by Councilman Bitter. construction, m Iity, nance anwork ordire
pair ofCarried by the following vote: arovemenr permitted herein.
Mayor Moldenhauer, Section •1, That the permission here.
Yea; -- in granted is expressly conditioned
Councilmen Bit ter, Justmann, upon permittees further agreement
!hat should the right and privilege
Pregler, Thoms. herein granted be rescinded or re-
voked by the City Council, pe-rmittees,
Nays– None, or their successors In interest, as
owners of the abutting property, shall
ORDINANCE NO. 58.72 within thirty (90) days after receipt
of written notice from the City Man.
An Ordinance authorizing Fisch- ager, so to do, at their own expense.
er & Company Inc, to consruct remove said dock extension, and in
P Y the event of their failure so to do,
dock extension, the City of Dubunue shall be author,
ized to remove said dock extension, at
presented and read. permittees expense and dispose of the
same, and the permittees shall have
Councilman Pregler moved that no clam against the City or its agents
the reading just had be considered 1nr damages resulting from the re-
moyal of said dock extension.
the first reading of the Ordinance. Section S. This Ordinance shall be.
come effective and the rights hereun-
Seconded by Mayor Moldenhauer, der accruewhen thus Fischer
rd nen a ham beer,
Carried by the following vote: adopted by the city Council and the
Yeas — Mayor Moldenhauer, terms and conditions thereof accepted
y by Permitlees by acceptarce endorsed
Councilmen Bitter, Justmann, on this Ordinance. Permittee shall
first secure release and consent from
Pregler, Thoms. Railroad Co. over whose tracks said
Improvement shall be erected and
Nays --None. City shall not permit construction un -
Councilmen Pregler moved that til such release and consent is fur.
g nished to the City Enalneer,
the reading requiring an Ordinane Passed, adopted and approved this
6'h day of November, A D , 1972
to be read on three separate days Wayne A. Moldmhauer
be waived. Seconded by MayorWalleer A Pregler
Moldenhauer. Carried by the fol- Allan T. Thoms
C. Rcbert Justmann
lowing vote: Joseph J. Bitter
Yeas — Mayor Moldenhauer, ATTEST- Councilmen
Councilmen B i t t e r, Justmann, Lep F. Frommelt
City Clerk
Pregler, Thoms. ACCEPTANCE OF ORDINANCE No.
Nays—None.58-72
The undersigned having read and
bein familiar with the terms and
ORDINANCE No. 58.72 conditions of Ordinance No. 58.72
AN ORDINANCE AUTHORIZING hereby, for themselves, their success-
F15CH n & Co,A Y, int. TO ^r% or asriuns, as owners of the abul-
CONSTRUCT DOCK EXTENSION ting property accel>I the same and
BE IT ORDAINED BY THE CITY agree to be bound by the conditions
COUNCIL OF THE CITY OF DU- and agreement, therein contained to
BUQUE, IOWA: be Performed by permittee::.
Dated November 2, 1972.
Section 1. That Fischer & Company, Fischer and Company Inc.
Inc. as owners of the premises known Ov Louis H Pfohl, Pres.
as 200 E. 7th St.—City Lots 964960 Pry rty Owner
Inclusive in the City of Dubuque be, By James M. Pfohl, V -Pres.
And they are are hereby granted the Published officially In The Telegraph
revocable license and authority to Herald Newspaper this 15th day of
construct and rnaintain a dock exten- November 1972.
sion under the terms and conditions Leo F. Frommel)
set forth in this Ordinance. City Clerk.
Section 2. That such construction It. 11/15
Regular Session, November G. 1972 505
Councilman Pregler moved final use the Council Chamber on De
adoption of the Ordinance subject cember 1. 1972 to conduct a panel
to approval of Railroad Co. to discussion of the Dubuque Free -
build a spur track. Seconded by I way proposal, presented and read.
Mayor Moldenhauer. Carried by Councilman Hitter moved approval
the following vote: of the petition subject to approval
Yeas -- Mayor Moldenhauer, of the City Manager. Seconded by
Councilmen Bitter, Justmann, Councilman Pregler. Carried by
Pregler, Thoms. the following vote:
Nays—None. Yeas — Mayor Moldenhauer,
Council recessed at 11:15 P.M. Councilmen B i t t e r, Justmann,
'
Reconvened at 11:25 P.M. Pregler, Thoms.
Nays—None.
Petition of Robert A. Sullivan
by Thos. Schrup attorney, request- Petition of Dubuque Assn of the
Ing reclassification of S. 1-5 of blind requesting permission to con -
o. I_ 476, located at 1320 Locust duct candy sales during February
St., from Multiple Dwelling to a and March of 1973 and further
historical and or architectural clan requesting what action has been
sif`.cation presented and read. taken relative to their request for
Councilman Bitter moved that the installation of a safety traffic light
petition be set for a public hearing system in various parts of the
to be held on November 20th and City for the benefit of the blind,
the. Clerk he instructed to publish presented and read. Councilman
notice. Seconded by Councilman Bitter moved that the candy sale
Pregler. Carried by the following request be approved subject to ap
vete: proval of the City Manager and
Mayor Moldenhauer, the light request be referred back
Yeas to the Manager and staff. Seconded
(]auncilmen Bitter, Justmann. i)`. Councilman Pregler. Carried
Pregler, Thoms. i,* the following vote:
Nays—None. - Yeas — Mayor Moldenhauer,
Petition of Lisa Hammer et al Councilmen B i t t e r, Justmann,
i55 signers) objecting to not being pregler, Thoms.
able to go trick or treat on Hal- Na).s—;done,
loween when it is dark, presented October 26, 1972
and r, -ad. Councilman Justmann
moved that the petition be received •Io the Honorable Mayor
and filed. Seconded by Councilman and City Council
Pregler. Carried by the following Re. Waste Water Treatment Fa.
vote: eility Phase 11, Contract II B
Yeas -- 'Mayor Moldenhauer, Rebid
Councilmen B i t t e r, Justmann, Our people have been working
Pregler. Thoms. with the consultants on the subject
Nays —None. project for the past several weeks
Petition of Herb Heitzman of in an etct. ficatito revise
C the
ptans Ll
'2475 Cherry St. requesting vacation and sp
of an alley from Cherry Street B, which includes a cover on the
to alley between Cherry Street and grit and grease basin, required
Grein Streets, presented and read. ventilation modifications, odor con-
nd
Councilman Bitter moved that the trop system, evflces, andow sue elecring trical
petition be referred to the Plan- sampling to
wing & 'Zoning Commission and work. We are now preparedto
staff. Seconded by e
Councilman request your authority proceed
Pregler. Carried by the following with a rebid on this section. the
Vote: The Dow Chemical Comp y,
Yeas — Mayor Moldenhauer, low Wdder on Contract 11 A (cov-
Couacilrnen I4 i t t e r, ,lustmann. e1, on trickling filters and primary
Pregler, Thoms. clarifiers, have advised US .) writ-
Pregler, that they will keep
Nuys -•-None. open and unchanged until our rt -
Petition of University of Dubu4Ue bid utg oil Contract 1be 1 B iexeeuted
Seminar of American Political gild cronts•acts can
proces,es requesting permission to
506 Regular Session, November 6, 1972
In order to follow the require-
ments of the Iowa Code regarding
the rebid and to allow interested
contractors sufficient time to thor-
oughly analyze the project, we
would like to schedule bid opening
for December 5, 1972. Work on
the project could then commence
shortly after January 1, 1973. The
scheduled completion date is Oc-
tober 15, 1973. However, all the
covering is expected to be com-
pleted by early summer.
The detailed elements involved
in Contract II B have received
an indepth review by our people
and the consultants. The rebid has
been structured to carefully clarify
the work to be completed and to
present viable alternatives which
should stimulate competitive bids.
We sincerely believe the bids will
be very close to the Engineer's
estimate of $704,000.00.
During the bidding period, our
engineers and the consultants will
work diligently to generate interest
in the program and hopefully se.
cure several competitive bids.
Your cooperation on the develop-
ment of this program is sincerely
appreciated and we recommend
the project be approved and bids
be taken.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the communication be received and
filed. Seconded by Mayor Molden-
hauer. Carried by the following
Vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
RESOLUTION NO. 334-72
Approval of proposed plans, spe-
cifications, form of contract, and
all other documents, preliminary
estimate in the amount of $704,-
000, for the construction of Phase
II Waste Water Treatment Facil-
ities Contract 11 B -Rebid, consist-
ing of alternate at grade type cov-
ers over the grit and grease bas-
ins, complete odor control system
and required ventilation modifica-
tions, required flow measuring and
sampling devices and electrical
work, presented and read. Council-
man Pregler moved adoption of
the resolution. Seconded by Mayor
Moldenhauer. Carried by the fol.
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays—None.
RESOLUTION NO, 335-72
WHEREAS, proposed plans, spe-
cifications, form of contract have
been duly prepared and approved
by the City Council of the City
of Dubuque and are now on file
in the office of the City Clerk
showing among other things the
following:
1. An estimate of the cost of
the proposed improvements for
— PHASE II —
WASTE WATER TREATMENT
FACILITIES
— CONTRACT II B —
This contract consists of alter-
nate at grade type covers over
the grit and grease basins, com-
plete odor control system and re-
quired ventilation modifications,
required flow measuring and sam-
pling devices, and electrical work.
BE IT THEREFORE RE-
SOLVED that the City Council on
its own motion or upon petition
of property owners, deems it ad-
visable and necessary for the pub-
lic welfare to make the herein -
mentioned improvement, and un-
less property owners at the time
of the final consideration of this
proposed resolution have on file
with the City Clerk objections to
the amount of the cost of .improve-
ment, they shall be deemed to
have waived all objections there-
to.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid from the San-
itation Sewage Rental Fund and
a Federal -State Grant.
The above resolution was intro•
duced, approved, and ordered
placed on file with the City Clerk
this 6th day of November, 1972.
Regular Session, November 6, 1972 507
Approved and placed on file for
final action.
APPROVED:
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
I,eo F. Frommelt
City Clerk
Councilman Pregler moved ap-
proval of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas Mayor Moldenhauer,
Councilmen B i t t e r, Justmarm,
Pregler, Thorns.
Nays—None.
ORDERING CONSTRUCTION
RESOLUTION NO. 316.72
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE that pursuant to
a Resolution of Necessity No. 335-
72 which was duly passed by this
Council for
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of IMMEDIATE NEC-
ESSITY shall be in force and ef-
fect from and after its passage
and adoption by the City Council.
Passed, adopted and approved
this 6th day of November, 1972.
Wayne A. Moldenhaer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Dlayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays—None.
( FIXING DATE OF HEARING)
— PHASE 11 —
WASTE WATER
TREATMENT FACILITIES
CONTRACT 11 B —
REBID
This contract consists of alter-
nate at grade type covers over
the grit and grease basins, com-
plete odor control system and re-
quired ventilation modifications,
required flow measuring and sam-
pling devices, and electrical work.
be and the same are hereby or-
dered and constructed by this
Council upon its own motion and
with or without the petition of prop-
erty owners. All the work shall
be constructed in accordance with
the plans and specifications hereto•
fore adopted and now on file in
the office of the City Clerk.
BE IT FURTILER RESOLVED
that the cost and expense of the
said improvement be paid from
the Sanitation Sewage Rental Fund
and it Federal -State Grant.
BE IT FURTHER RESOLVED
that the City Clerk be and he
is hereby ordered and directed to
advertise for proposals for the
construction of the Provided for in
im-
provements herein Pro
the manner provided by law.
RESOLUTION NO. 331-72
WHEREAS, the City Council of
the City of Dubuque, Iowa has
given its preliminary approval on
the proposed plans, specifications,
and form of contract and placed
same on file in the office of the
City Clerk for public inspection
—PHASE -11
WASTE WATER
TREATMENT FACILITIES
—CONTRACT 1I B —
REBID
This contract consists of alter-
nate at grade type covers over
the grit and grease basins, com-
plete odor control system and re-
quired ventilation modifications,
required flow measuring and sam-
pling devices, and electrical work.
BE IT THEREFORE RESOLV-
ED that on the 20th day of No-
vember, 1972, a public hearing will
be held at 7:30 P.M. in the Council
Chamber of the City of Dubuque
at which time the objectors for
the proposed improvement may ap-
pear and make objection to the
proposed plans and specifications
and proposed form of contract,
to the cost of improvementthe be and
and the City Clerk
he
is hereby directed to cause a no-
tice of the time and place of such
hearing to bubl publied in shed s
ome
n the City
ue vspape I
508 Regular Session, November 6, 1972
of Dubuque which shall be no'
less than ten (10) days prior to
the day fixed for its consideration,
and said Clerk is further instructed
to advertise for proposals for the
construction of the aforementioned
improvement.
Passed, adopted and approved
this 6th day of November, 1972
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
November 2, 1972
To the Honorable Mayor
and City Council
This is to advise you that the
City of Dubuque 1972 Asphalt Pav-
ing Project No. 1, except Univer-
sity Avenue, has been completed
in accordance with the City o'
Dubuque plans and specifications.
I, therefore, recommend the ac
ceptance of the above named pro -
jest.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the communication be received and
filed. Seconded by Councilman
Thorns. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
FINAL ESTIMATE
RESOLUTION NO. 338.72
WIiEREAS, the contract for the
City of Dubuque 1972 Asphalt Pav-
ing Project No. 1, Except Univer-
sity Avenue
1. Dubuque Floodwall Streets
2. Eagle Point Park Roadway
3. Hillcrest Road - from the W.P.
L. of Carter Road to the W.P.L.
of Lot 10 of Block 11 of Hillcrest
Heights.
4. John F. Kennedy Road - Wi-
dening Lanes at Pennsylvania Ave
nue
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates,
notices, inspection, and preparinc
the assesment and plat, now there-
fore,
BE IT RESOLVED, by the City
Council of the City of Dubuque.
That the cost of said improve-
ment is hereby determined to b ,
$122,296.30.
That $1,655.77 of the cost there-
of shall be assessable upon pri-
vate property and $120,610.53 shall
be paid from the Floodwall Bond
Issue 96,385.86-89 Park Board Ea-
gle Pt. Rd. 8,129.84-20 R.L.T. Fund
16,124.83-03 of the City of Dubuque.
Passed, adopted and approved
this 6th (lay of November, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thorns. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays -- None.
(A Resolution Accepting Improve-
ment and Directing the Clerk to
Publish Notice.)
RESOLUTION NO. 339.72
WHEREAS, the contract for the
City of Dubuque 1972 Asphalt Pav-
ing Project No. 1, except Univer-
sity Avenue.
L Dubuque Floodwall Streets
2. Eagle Point Park Roadway
3. Hillcrest Road, from the W.
P. L. of Carter Road to the W.
P. L. of Lot 10 of Block 11 of
Hillcrest Heights.
4. John F. Kennedy Road, Widen
inn Lanes at Pennsylvania Avenue.
has been completed and the City
Manager has examined the work
and filed his certificate stating that
the same has been completed ae.
cor(Ung to the terms of the con-
Regular Session, November 6. 1972 5b9
tract, plans and specifleations and
recommends its acceptance, now
therefore,
BE 1T RF.9OLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager he approved and
that said improvement he and the
same is hereby accepted and the
f_ity Engineer he and is hereby
directed to prepare a plat and
schedule showing the lots or par-
cels of real estate subject to as-
sessment for said improvement
and file the same in the office
of the City Clerk subject to public
inspection and saint Clark shall up-
on receipt of such plat and sche-
dule publish the notice of the Coun-
cil's intent ion to levy special as-
,_ssments therefor, as required by
la%.
BE IT FURTHER RESOLVED,
!hat the City Treasurer, be and
he is hereby directed W pay to
the contractor from the funds to
be reu4izcd from the sale of street
improvement bonds issued upon
the above described improvement
in amount equal to the amount
of his contract, less any retained
percentage provided for therein.
Passed, adopted and approved
this 6th day of November, 1972.
Wayne A. Moldenhauer
Mayor
Wahcr A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
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 Moldenhatter,
Councilmen Bitter, Justmann,
Pregler, 'Thoms.
Nays None.
RESOLUTION NO. 340.72
Authorizing the readvertising of
certain urban renewal land under
the fixed-price competition method
11'itlaii.A.S, under date of Au
.;ust 4, 1969, the City Cuuucil adop
ted Resolution No. 246-69 approver'
the fixed-price competition method
for offering certain land in th
Downtot+n Vrhan Renewal Project
Iowa R-15, for redevelopment by
private redevelopers; and
WHEREAS, pursuant to said re-
-olution a proposal for the pur-
chase and redevelopment of a por-
tion of the land so advertised was
received from Canfield Hotel, Inc.;
anti
WHEREAS, after a public hear-
ing and acceptance of the afore-
mentioned proposal but prior to
delivery of a deed, the City Coun-
cil concurred in the request of
Canfield Hotel, Inc. to withdrai;
their proposal and to receive a
refund of their deposit; and
WIIEREAS, after a public hear-
ing a resubmitted proposal for the
purchase and redevelopment of the
said land by Canfield Hotel, Inc.
has been accepted by the City
Council subject to the concurrence
of the Department of Housing and
Frban Development; and
WHEREAS, the Department of
ifou.:ng and Urban Development
has requested that due to the re-
submission of a previously sub-
mitted and withdrawn proposal by
the same offeror and the lapse
of time since the original public
„rf ring of the said land. that the
and involved be readvertised to
assure full public disclosure and
knowledge of the pending trans-
ection; now therefore
I;F IT RF,SOLVED By TRY,
CITY COUNCIL OF THE CITY
(JF 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 filed of record
n the Office of the City Clerk
and as they may be revised as
necessary to comply with the re-
quirements of the Department of
Ilousiag and Urban Development,
are hereby approved.
Section 2. That the Fixed-Priee
Competition method of offering cern
twin land for sale for redevelop-
ment by private 10velopvrs is the
appropriate method of making the
land available for redevelopment.
ent.
section 3. That the price
for
the disposal of said parcel includ
r ed in the proposed offering ha,s
b^en determined to be not less
510 Regular Session, November 6, 1972
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 Mana-
ger and the Director of Urban
Renewal be and are hereby author-
ized and directed to proceed with
the proposed disposal of the parcel
set forth in the attached documents
in accordance with the proposed
disposal procedure and all other
applicable requirements.
Section S. That the City Clerk
be and he is hereby authorized
and directed to publish "Invita-
tion for Proposals" for the sale
of certain parcel of real estate,
in the form of Exhibit "A" at-
tached hereto and made a part
hereof.
Passed, approved and adopted
this 6th day of November, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
INVITATION FOR PROPOSALS
The City of Dubuque, Iowa, in-
vites proposals for the purchase
and redevelopment of property in
the Downtown Urban Renewal Pro-
ject, Iowa R-15. The parcel of land
available for sale is located in
the block bounded by Fourth Street
on the south, Iowa Street on the
west, Fifth Street on the north
and Central Avenue on the east.
The parcel is identified as follows:
Parcel No., 3-1, Approximate
Square Feet, 3,761.97, Use, Com-
mercial Services.
South 65 Feet of Parcel 1-1, Ap-
proximate Square Feet, 10,326.675,
Use, Commercial Services.
Subject to final survey.
Full information, instructions,
and bid documents needed to pre-
pare proposals may be obtained
by depositing $10.00 with the De-
partment of Housing & Redevelop-
ment, 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, 13th Street and Central
Avenue, Dubuque, Iowa, no later
than 10:00 A.M. CST on December
S, 1942, at which time all bids
will be publicly opened and read
in Council Chambers.
Each proposal must be accom-
panied by a good faith deposit
in the form of a certified check
or bank draft payable to the City
of Dubuque, or a satisfactory bid
bond, in an amount equal to 10%
of the amount of the offer.
A good faith deposit is not re-
quired with this proposal submis-
sion if the redeveloper is a non-
profit corporation, a limited divi-
dend corporation or a cooperative.
Additional information concern-
ing the City of Dubuque's Land
Marketing Program for the Urban
Renewal Project may be obtained
from Gent M. Wittenberg, Director
of the Department of Housing and
Redevelopment.
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 341-72
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ci-
garettes within the City of Du-
buque, Iowa, be granted a permit
to sell Cigarettes and Cigarette
papers within said City.
Joan R. Murphy, 1101 Central Ave-
nue
Marian J. Bridge, (Transfer from
2036 Central Ave., effective 12-
4-72), 139 Locust Street
Ray Fleckenstein, 3275 Central
Avenue
American Snack, Inc., 255 J. F.
Kennedy Road
BE IT FURTHER RESOLVED
that the bonds filed with the ap-
plication be approved.
Regular Session, November 6, 1972 511
Passed.
adopted and approved
this 6th
day of November, 1972.
Wayne A. Moldenhauer
M ayor
Waiter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joesph J. Bitter
Councilmen
Attest .
Leo F.
Frommelt
City
Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler. Thoms.
Nays — None.
RESOLUTION NO. 312-72
1N"HEREAS, applications for Beer
permits have been submitted to
this Council for approval and the
same have been examined; NOW
THEREFORE
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following applica-
tions be granted and permits issued
upon the compliance with the
terms of the ordinances of the
City.
CLASS "e" BEER PERMIT
Marian Juanita Bridge, 139 Locust
Street
CLASS "C" BEER PERMIT
Nash Finch Company, 19U J. F.
Kennedy Road
Passed, adopted and approved
this Bth day of November, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest :
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None
RESOLUTION NO. 313.7'1
WHEREAS, applications for Beer
i*rmits were filed by the within
named applicanta 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 Feer permit.
CLASS "B" BEER PERMIT
Marian Juanita Bridge, 139 Locust
Street
CLASS "C" BEER PERMIT
Nash Finch Company, 190 J. F.
Kennedy Road
BE IT FURTHER RESOLVED
that the bonds filed by such ap.
plicants be and the same are here•
by approved.
Passed, adopted and approved
this 6th day of November, 1972,
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Rahert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 144.72
WHERF•AS, applications for U.
quor licenses have been submitted
to this Council for approval and
the same have been examined,
NOW TI-iEREFORE 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 B LIQUOR LICENSE
John F. Itytn, 760 Jotham, 22%7 Jackson
6th Street
William
Street
512 Regular Session, November 6. 1972
Passed, adopted and approved
this Rth day of November, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t. t e r, Justmann,
Pr,_glen Thoms.
Nays — None.
RESOLUTION NO. 345-72
WHEREAS, applications for Li-
quor licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the State Law and all City or-
dinances 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 ap-
plicants a Liquor license.
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
John F. Glynn, 760 East 16th Street
William R. Jotham, 2967 Jackson
Street
Passed, adopted and approved
this 6th day of November, 1972,
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote.:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 346.72
WHEREAS the City Council of
the City of Dubuque Iowa, adop
ted Resolution No. 263-72 on Au
gust 7, 1972 that the City enter
into a cooperative purchasing pro-
gram with Dubuque County Iowa
and the Dubuque Community and
Western Dubuque County C o m-
munity School Districts for the pur-
chase of items commonly used by
all agencies.
WHEREAS THE purchase of va-
rious items commonly used by all
agencies is now being considered.
BE IT RESOLVED that the City
Clerk be and he is hereby au-
thorized to sign, along with the
other public agencies involved, for
the receipt of proposals or notice
to bidders, on behalf of the Cit,
of Dubuque, for the purchase o:
gasoliae, diesel fuel, heating oil,
various lubricants and light and
heavy duty Ures.
Passed, adopted and approved
this 6t.h clay of November 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
,Joseph J. Bitter
Councilmen
Attest
I.eo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Communication of Mayor's In
dustrial Committee submitting a
proposal of purchase of 1.62 acres
in Block 6 Riverfront Sub. No.
3 from Key City Plating Com-
pany, at a price of 20 cents per
square foot for a total of $14,113.44,
presented and read.
Councilman Bitter moved that
the communication be referred for
proper proceedings. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
Regular Session, November 6, 1972 513
RESOLUTION NO. 347.72
Confirming the appointment of
members of the Low -rent Housing
Commission of the City of Du-
buque, Iowa
WHEREAS, on the 17th day of
august, 1970, the City Council of
the City of Dubuque, Iowa, adopted
Resolution No. 244-10, electing to
exercise the powers contained in
Chapter 4( A 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-
ed said Board by said City Coun-
cil; and
WHEREAS. on the 1st day of
February, 1971, the City Council
of the City of Dubuque, Iowa,
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. 244-70 and toRe.
solution No. 36-71 has appointed
members to the Low -Rent housing
Commission of the City of Du.
buque; now therefore
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
section 1. That the action of
the Mayor of the City of Dubuque,
Iowa, in appointing
James W. Grant to August 17,
1974.
Robert P. Odden To August 17.
1974,
Donald R. Meyers To August
17, 1974.
Virginia M. Perry To August 17,
1974.
as Commissioners of the low -Rent
Housing Commission of the City
of Dubuque. Iowa, is hereby
of said
proved and the appointment
Commissioners is hereby confirm-
ed by this City Council for the
period designated Apointment of eCommis-
Certifi-
sioners now on file in the office
of the City Clerk.
Passed, approved and adopted
this 6th day of November, 1972•
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Communication and telegram
from Governor Ray and his ad-
ministrative Assistant acknowledg-
ing receipt of resolution regarding
the location of a second Iowa State
Liquor store in the City, presented
and read. Councilman Bitter
moved that the communication and
telegram be received and filed.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Communication of the University
of Iowa advising that the Orpheum
Theatre National Register of his-
toric Places Inventory -nomination
form has been approved for no-
mination to the National Register
of Historic Places and the forms
have been submitted to the keep-
cr of the National Register of Ihs-
toric Places for his approval, pre-
sented and read. Councilman Bit-
ter moved that the communica-
tion of the University be received
and filed. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Communications of Mayor Mol.
denhauer submitting his weekly re-
ports, dated October
30h and
nfilNo
vember 5th, presented
Councilman Bitter moved that the
reports be received and filed. Se-
conded by Councilman Justmann.
Carried bythe following vote:
Yeas -- Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays -- None.
514 Regular Session, November 6, 1972
There being no further business
Councilman Pregler moved to ad-
journ. Seconded by Mayor Mol-
denhauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Approved February 12 1973
Adopted February 12 1973
Special Session, November 13, 1972 515
CITY COUNCIL
OFFICIAL
ment of his home at said address
and to personal property stored
therein as the result. of a sewer
back up on August 2, 1972 and
September 12, 1972.
Special session, November 13, 1 This matter was referred to the
1972 appropriate City Agency who made
Council met at 7:36 P.M. (C.S. an investigation thereof and re -
T) ported to this office by letter of
Present — Mayor Moldenhauer, no actionable negligence on the
Councilmen B I t t e r, Justmann, part of the City and in view of
Pregler, Thoms. City Manager Gil. the foregoing, it is the recommen-
bert D. Chavenelle. dation of the City Attorney that
Mayor Moldenhauer read the call the claim of Peter R. Timmer -
and stated that service thereof had man be denied.
been duly made and this meeting Original claim is returned here -
is called for Lite propose of levy- with.
ing assessments to pay for the
cost of constructing the Liebe
Street Sanitary Sewer and acting
upon such other business as may
properly come before a regular
meeting o( the Council.
Communication of Iowa State De-
partment of Health approving the
sanitary and functional features for
construction of Park Hill Feeder
Main extension and Water Plant
Modernization Notice *72-110W,
presented and read. Councilman
Pregler moved that the communi
cation be received and filed. Se-
conded by Councilman Bitter. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, Thoms.
Nays — None.
Communication of A s s istant
Manager Fischer submitting a cost
estimate of $2W). for remodeling,
to accomodate the organization of
the Finance Department, on the
first fluor of the City Hall, pre-
sorted and read. Councilman Preg-
ler moved approval of the pro-
ject. Seconded by Mayor Molden-
hauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
November 7, 1972
lion. Mayor
and City Council
On September 16 1972, Peter
R. 'I9mmerman of 19#30 Lin coin
Avenue, this city, filed claim
against the City of Dubuque in
the amount od ylW.00 and alleging
said damages occurred to the base.
R. N. Russo
City Attorney
'.Mayor Moldenhauer moved ap-
proval of the recommendation. Se-
conded by Councilman Thoms. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
November 7, 1.972
lion. Mayor
and City Council
On September 18, 1972, Kenneth
Kunkel of 1970 Lincoln Avenue,
this city, filed claim against the
City of Dubuque in the amount
of 5587.95 and alleging said da-
mages occurred to the basement
at said address and to personal
property as the result of a sewer
back up on August 2, 1972 and
again on September 13, 1972.
This matter was referred
to the
appropriate City Agency
an investigation thereod and re-
ported to this office by letter of
no actionable negligence on the
part of the city and in view of
the foregoing, it is the recommen-
dation of the City Attorney that
the claim of Kenneth Kunkel be
denied.
Original claim is attached here-
to.
R. N. Russo
City Attorney
Mayor Moldenhauer moved aP-
proval of the recommendation. Se-
conded by Councilman Thoms. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
516 Special Session, Novernber 13, 1972
November 7, 1972
Hon. Mayor
and City Council
On September 19, 1972, Richard
A. Meyer of 2085 Roosevelt Street,
this city, filed claim against the
City of Dubuque in the amount
of $425.00 and alleging said da-
mages occurred on August. 2, 1972
and September 13, 1972 as the re-
sult of a sewer backup.
This matter was referred to the
appropriate City Agency who made
an investigation thereof and re
ported to this office by letter of
no actionable negligence on the
part of the City and in view of
the foregoing, it is the recommen
dation of the City Attorney that
the claim of Richard A. Meyer
be denied.
Original claim is returned her
with.
R. N. Russo
City Attorney
Mayor Moldenhauer moved ap-
proval of the recommendation. Se-
conded by Councilman Thoms. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
November 7, 1972
Hon. Mayor
and City Council
On September 18, 1972, James
F. Denman of 243 N. Booth, this
city, filed claim against the. City
of Dubuque in the amount of $222.60
and alleging said damages occurr-
ed to personal property stored in
his basement at said address and
costs of cleaning up the basement
as the result of a sewer back
up on August 2, 1972 and Septem-
ber 13, 1972.
This matter was referred to they
appropriate City Agency who made
an investigation thereof and report-
ed to this office by letter od no
actionable negligence on the part
of the City and in view of the
foregoing, it is the recommendati( ,
of the City Attorney that the claim
of James R. Denman be denied
Original claim is returned here-
with.
R. N. Russo
City Attorney
Mayor Moldenhauer moved ap-
proval of the recommendation. Se-
conded by Councilman Thoms. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
November 6. 1972
Hon. Mayor
and City Council
On September 7, 1972, Kathryn
Mary Grabow of 2615 St. Anne
Drive, this city, filed claim against
the city for damages in the amount
of $35.00 and alleging said damages
occurred on September 1, 1972 at
or near 1160 So. Grandview as
the result of striking a rut in
the street and causing a tire blot•
out.
This matter was referred to the
City Attorney who has made an
investigation of said matter and
conferred with the claimant, who
has made an offer of settlement
of said claim in the amount of
$20.00, and it is the recommend;
tion of the City Attorney that said
offer of settlement be accepted
and that the City Auditor be in-
structed to draw a warrant pay-
able to Kathryn Mary Grabow in
the amount of $20.00 and to trans-
mit same to the City Attorney
for delivery upon receipt of du'
executed releases.
Original claim is returned herr
with.
R. N. Russo
City Attorney
Mayor Moldenhauer moved ap-
proval of the recommendation. Se-
conded by Councilman Thoms. Car
ried by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmaan,
Pregler, Thoms.
Nays — None.
Communication of E. D. Fors-
lund submitting a review of his
former car damage claim in the
amount of $171.99, which claim has
been denied by the City Attorney
as no negligence on the part of
the City, said claim was the re-
sult of driving into an open ditch
in N. Grandview Ave. on Septern-
ber 11th, presented and read. Coun-
cilman Pregler moved that the
communication be referred to the
City Attorney for further investiga-
tion and report. Seconded by Coun-
Special Session, November 13, 1972 517
cilman Thoms. Carried by the fol.
lowing vote:
Yeas — Mayor Moldenhauer,
Counci men B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Communication of City Attorney
submitting proposed form of lease
and Invitation for Bids regarding
the vacant City Garage at 14th
and Elm streets, presented and
read. Mayor Moldenhauer moved
approval of the lease and instruct-
ed the City Cleric to publish no.
tice of receipt of bids on Decem.
be 4, 1972 up to 10:00 A.M., Se.
conded by Councilman Pregler.
Carried by the following vote:
yeas -- Mayor Moldenhauer,
Councilmen it i t t e r, Justmann,
Pregler, Thoms.
Nays — Nmne.
November 10, 1972
To the Honorable Mayor
and City Council
Present(xl for your consideration
is an amendment to the Traffic
Code which has to do with park-
ing in downtown alleys.
The effect of the ordinance is
to prohibit parking in the alleys
except for the loading and un-
loading of vehicles attended by
a driver.
This regulation is necessary be-
cause vehicles parked in the alleys
have made it impossible to serve
the area, deliver goods, or permit
the movement of fire equipment.
Also presented is an amendment
to Schedule VII. This is a list
of the alleys affected by the park-
ing, regulation. The amendment de-
scribes the alleys in the pedestrian -
way area.
I recommend these ordinance
amendments.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the communication be received and
riled. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas -- Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms
Nays -- None.
Councilmen Pregler moved that
the rules be suspended in order
to let anyone present address the
Council it they so desire. Seconded
by Mayor Moldenhauer. Carried
by the following vote.
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pret;,er. Thoms.
Nays — None.
Police Chief Robert O'Brien and
Fire Chief Robert Dunphy Address-
ed the Council as to the traffic
and safety problems being encoun-
tered by vehicles parking in al-
leys. and suggested various ways
of overcoming the problem.
An Ordinance Amending Ordi-
nance No. 33-49 known as the
"Traffic Code of Dubuque, Iowa"
as amended by repealing section
16.30 thereof and enacting a new
section 16:30 in lieu thereof to
regulate the parking of motor ve-
hicles in the alleys enumerated
in Schedule VII, was presented
and read.
Councilman Bitter moved that
the prolwsed ordinance be referred
to the next meeting. Seconded by
('ouneilman Justmann. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Thorns,
Nays — Councilman Pregler.
An Ordinance amending schedule
VII of Ordinance No. 33-49 known
as the "Traffic Code of Dubuque,
Iona" to provide that when signs
are erected giving notice thereof,
no person shall stop of park on
any of the following alleys or por-
tions of alleys, hereinafter desig-
nat(A unless actually engaged in
taking on or discharging persons,
goods or merchandise except those
motor trucks designed for the pri-
mary purpose of carrying live-
stock. merchandise or freight of
any kind may park in said alleys
for one period of not longer than
two hours, presented and read.
Councilman Bitter moved that
the proposed ordinance be, referred
to the next meeting. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas -- Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
November 10, 1972
Honorable Mayor and City Council
At the request of the Chief of
Police of the City of Dubuque,
518 Special Session, November 13, 1972
I am tendering an amendment to
the Beer Ordinance governing the
prohibition of films in taverns.
This Ordinance is intended to
prevent the displaying or showing
of sexy items in taverns.
This Ordinance contemplates
prohibiting what was attempted in
Cedar Rapids and other cities.
I find no constitutional limita-
tions or violation of any consti-
tutional rights under this ordinance
since it applies to Class "B" permi-
tees, which you have a legal right
to regulate by reasonable regula-
tions. In other words, a beer per-
mitee does not and cannot claim
the same degree of constitutional
privilege, right and immunity as
does any other individuzl.
Accordingly, I recommend the
Amendment for your favorable
consideration and adoption.
R. N. Russo
City Attorney
Councilman Bitter moved that
the communication be received and
filed. Seconded by Councilman Pre-
gler. Carried by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays—None.
ORDINANCE NO. 59-72
An Ordinance Amending Ordinance
No. 46-72 by repealing Section 19
thereof and enacting a new section
19 in lieu thereof to prohibit the
display on the premises of a class
"B" permit Holder of moving pic-
tures, slides, or other film depic-
tion projected unto a screen or
other surface and by repealing
section 26 thereof and enacting a
new section 26 in lieu thereof to
provide for penalty for violation
hereof, presented and read.
Councilman Justmann moved
that the reading just had be con-
sidered the first reading of the
Ordinance. Seconded by Council-
man Bitter. Carried by the foll-
owing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
Councilman Justmann moved
that the ordinance be referred to
the Council meeting scheduled for
November 20th. Seconded by Coun.
cilman Bitter. Carried by the foll.
owing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays—None.
Petition of Emil J. Kann re-
questing a driveway permit over
his lot at 2085 W. 3rd Street, pre-
sented and read. Councilman Bit-
ter moved that the petition be
referred to the Manager and staff.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilman B i t t e r. Justmann.
Pregler, Thoms.
Nays—None.
Petition od Metz Mfg. Co, by
David L. Clemens Attorney reques
ting discussion of the matter of
relocation of a sewer as required
under the proposed Ordinance for
the vacation and sale of an alley,
said alley is located through the
Metz Co, property and under their
present building, presented and
read. Councliman Pregler moved
that the petition be referred to
the Manager and Staff for recom
mandation and report. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
Attorney David Clemens stated
that the present Metz building has
been on the alley since 1914. The
final estimate received by Metz
Mfg. Co to relocate the sanitary
sewer in the alley far exceeds
an estimate given at the begin-
ning of the negotiations between
the City and the Metz Mfg. Co.
which would make the asking price
of $2500, for the alley plus approx-
imately $5000. to relocate the sewer
way out of proportion. The other
alternative would be to leave the
sewer as it is. The City however
would rather have the sewer relo-
cated and in that way avoid any
further controversy.
Petition of L. J. Schiltz et a]
requesting permission to excavate
in Sunset Park Circle and J. F.
K. Road, presented and read. Coun-
Special Session, November 13, 1972
cdman Pregler moved that the pe-
tition be granted subject to appro-
val of the Engineering Department.
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms,
Nays—None.
Proofs of Publication, certified
to by the Publishers, of notices
of levy of Special Assessment and
intention of the City Council to
issue bonds to pay for the cost
of constructing the Liebe street
8" sanitary sewer, presented and
read.
No written objections were filed
and no oral objectors were present
the Council Chamber at the
Councilmen B i t t e r,
Pregler, Thorns
Nays—None.
I
519
Justmann,
RESOLUTION NO. 348.72
SCHEDULE OF ASSESSMENTS.
RESOLVED by the City Council
of the City of Dubuque, Iowa, that
to pay for the construction of the
Liebe Street Sanitary sewer, 8 inch
1972, by M. F. Goerdt Construction
Co. contractor, in front of and
adjoining the same, a special tax
be and is hereby levied on the
several lots, and parts of lots,
and parcels of real estate all as
named, situated and owned, and
for the several amounts set oppo-
site each lot or parcel of real
estate, as set forth in the following
schedule
n
time set for the public hearing. I
SCHEDULE OF ASSESSMENTS
Councilman Pregler moved that
For Liebe Street Sanitary Sewer
the proof of publication be received
8 inch -1972
and filed. Seconded by Councilman
Leon & Elaine F. Errthum, Nu_,
Bitter. Carried by the following
I,ot 1 of Liebe's Sub No. 1, $493.63.
vote:
Joseph A. & Margt. C. Busch,
Yeas — Mayor Moldenhauer,
Si„,, Lot I of Liebe's Sub No. 1,
Councilmen Bitter, Justmann,
$493.63,
Roy W. & Arlene K. Hurst, N%,
Pregler, Thoms
Lot 2 of Liebe's Sub No. 1, $493.63.
Nays—None.
Rita Mae & Allen J. Lang Jr.,
Statement of City Clerk cerci-
Si ,, Lot 2 of Liebe's Sub No. 1.
fying that notices of levy were
$493.63.
mailed to property owners of re-
A. M. & Margt. Schueller and
cord by certified mail on October
L. J. & F. V. Gartner, S1h, Lot
17, 1972, subje-t to assessment to
1 of Liebe's Sub No. 2 $987.26.
pay for cost of constructing the
Total, $2,961.78.
Liebe Street 8” sanitary sewer,
all of which is assessed in pro -
presented and read. Councilman
portion to special benefits conferr-
Pregler moved that the statement
be received and filed. Seconded
(.d1
332.5•lin. ft. of 8" Vitrified tale
by Councilman Bitter. Carried by
at $4.90 equal $1,629.25.
Wye brances 6"x8" at
the following vote:
5-N0. of
Yeas — Mayor Moldenhauer,
$10.00 equal $50.00•
11.17 -lin. ft. Concrete Manhole,
Councilmen Bitter, Justmann,
Height in feet of sidewall at $28.00
Pregler, Thorns.
equal $312.76.
Nays—None.
3 No.- of Concrete Manhole
Statement of Raymond Rampson,
I Complete at $55.00 eq ual $165.00
Complete, Ring
a member of the Engineering de-
3.No, of Manhole,
$60. 00 equal $180.00.
partment, certifying that notices
and Cover at
i Base Stone in alley
of levy and intention of the Council
in the
60,75_Ton 'W'
i (10" deep) at $4.00 equal $243.00.
to issue bonds were posted
assessable area of the Liebe street
()Sq. yd. Seal Coat at $0.70 equal
n H&
rd
sanitary sewer on october 30, 1972,
0 -Ton 6" Baseas
eta lc
presented and read. Councilman
(8- (jeep) o.
'
Pregler moved that the statement
Const ucttu n frost $2, o•Ol.
Inspection 5355.68•
be received and filed. Seconded
by
I Engineering &
days $26.09
by Councilman Bitter. Carried
17% 52
project Cost (all assessable)
the following vote:
$2,961.78.
Yeas — Mayor Moldenhauer,
1
520 Special Session, November 13, 1972
Passed,
adopted and approved
this 13th
day of November 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joesph J. Bitter
Councilmen
Attest:
Leo F.
Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays -- None.
Proof of Publication, certified to
by the Publisher, of a notice of
public hearing to consider authori-
zation of the issuance of sewer
bonds for the purpose of paying
the cost of constructing the Liebe
Street sanitary sewer 8 inch -1972,
presented and read.
No written objections were filed
and no oral objectors were pre-
,;ent 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. Seconded by
Mayor Moldenhauer. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays -- None.
RESOLUTION NO. 349-72
Resolution providing for the is.
suance of Sewer Bonds for the
purpose of providing for the pay-
ment of the assessed cost of Liebe
Street Sanitary Sewer, 8 -inch, 1972.
Whereas the contract heretofore
entered into by the City of Du-
buque, Iowa, for the improvements
hereinafter described has been
completed and the City Manager
has certified the completion there-
of to the City Council and the
City Council has ascertained the
cost thereof and has determined
that $2,961.73 Dollars of the cost
thereof shall be assessed against
the property subject to assessment
therefor; and
Whereas public notice, as pro.
vided by law, has been published
by the City Clerk stating the in.
tention of the City Council to issue
bonds for the purpose of providing
for the payment of the assessed
cost of said improvement and a
public hearing has been held, pur-
suant to such notice and all ob-
jections made thereto have been
considered and determined:
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque:
1. That to provide for the pay-
ment of the asssesed cost of Liebe
Street Sanitary S wer, 8 -inch, 1972.
there shall be issued sewer bonds
in the amount od $2,500.00 Dollars
in anticipation of the deferred pay-
ment of assessments levied for
such improvement.
2. Such bonds sball be called
sewer bonds; and shall bear the
date of December 14, 1972; and
shall be numbered consecutively:
and they shall be numbered, di-
vided into series, and be in such
denominations and for such ma-
turity dates as are shown in the
following table:
Series No., 6, Bond No., 1, De-
nomination, $500.00, M a t u r i t y,
April 1, 1977.
Series No. 7, Bond No. 2, Denomi-
nation $500.00, Maturity April 1.
1976.
Series No. 8, Bond No. 3, Denomi-
nation $500.00, Maturity April 1,
1979.
Series No. 9, Bond No. 4, Denomi-
nation $5(x1.00, Maturity April 1,
1980.
Series No. 10, Bond No. 5, Deno-
mination $500.00, Maturity April 1,
1981.
3. Said bonds shall bear interest
at the rate of six per cent per
annum, payable annually in accor-
dance with coupons thereto attach-
ed:
3. Said bonds shall not make
the City of Dubuque liable in any
way, except for the application
of said special assessment funds.
5. Said bonds shall provide that
they may be payable at any time
prior to the maturity date stated
therein at the option of the City
of Dubuque and shall be in sub-
stantially the following form:
No.
Series No.
City of Dubuque
Sewer Bond
The City of Dubuque in the State
Special Session, November 13, 1972 521
of Iowa promises to pay as here-
inafter mentioned to the bearer
hereof, the sum of five hundred
dollars with interest thereon at
the rate of six per cent per an.
num, payable annually on the pre-
sentation and surrender of the in-
terest coupons hereto attached.
Poth priniepal and interest of this
bond are payable at the office
of the City Treasurer in the City
of Dubuque, in the State of Iowa.
This bond is issued by the City
of Dubuque under and by virtue
of Chapter 396 of the 1971 Code
of Iowa, as amended, and the Re-
solution of said City duly passed
on the 13th day of November, 1972,
being Resolution No. 349-72.
This Bond is one of a series
of 5 bonds, all for $500.00 numbered
from 1 through S all of like tenor
and date, and issued for the pur-
pose of providing for the deferred
payment of assessments levied for
the Liebe Street Sanitary Sewer,
8 -inch, 1972. as described in said
Resolution, in said City, which cost
is payable by the abutting and
adjacent property along said im-
provements and is made by law
a lien on all of said property.
It is payable only out of the Spe-
cial Assessment Fund 1293 created
by the collection of said special
tax, and said fund can be used
for no other purpose.
It is hereby certified and recited
that all the acts, conditons and
things required to be done, pre-
cedent to and in issuing this series
of bonds, have been done, happen-
ed, and performed, in regular and
due form, as required by law and
said Resolution, and for the assess-
ment, collection and payment here-
on of said special tax, the full
faith and diligence of said City
of Dubuque are hereby irrevocably
pledged.
IN TESTIMONY WHEREOF the
City of Dubuque by its Council
has caused this bond to be signed
by its Mayor and countersigned
by its City Clerk and the Seal
of said City to be thereto affixed,
this 13th day of November, 1972.
Mayor
(SEAL
City Clerk. . . . . . .
(Form of Coupon)
On the day of
the City of Dubuque, Iowa, pro-
mises to pay to the bearer, as
provided in said bond, the &Vm
of Dollars, in the office
of the City Treasurer in the City
of Dubuque, being months'
interest due that date on its
Bond No. dated
Mayor . . . . . . . .
City Clerk
6. That the Mayor and City Clerk
be and they are hereby instructed
to cause: said bonds to be pre-
pared and when so prepared to
execute said bonds and that the
Cil.N. Clerk be and he is hereby
instructed to register said bonds
in a book kept for that purpose
and to then deliver them to the
City Treasurer.
7. That the City Treasurer is
hereby instructed to sell said bonds
in the manner provided by law,
the proceeds of said sale to be
placed in a special fund to be
known as Special Assessment Fund
1293 and paid out by him to pay
the cost of said contract.
8. That the interest coupons at-
tached to the bonds be signed with
the facsimile signature of the Ma-
yor and countersigned with the
facsimile signature of the C i t y
Clerk.
9. That as fast as funds allow,
beginning with the second year
after the payment of interest due,
these bonds shall be called and
retired in the same order as num-
bered. The notice of erection to
call these bonds shall be given
by Regular United States Mail ad-
dressed to the last known address
of the purchaser.
10. Passed, adopted and approv-
ed this 13th day of November,
1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
522 Special Session, November 13, 1972
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Proof of Publication, certified to
by the Publisher, of hearing on
resolution of necessity for public
improvements upon proposed
plans, spec., form of contract and
cost of construction of the Asbury
Park Subdivision sanitary sewer
1972, at an estimated cost of
$11,694.00, presented and read.
No written objections were filed
and no oral objectors were present
in Council Chamber at the time
set for the hearing. Councilman
Pregler moved that the proof
of publication be received and
filed. Seconded by Mayor Molden-
hauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays—None.
Statement of City Clerk certi-
fying that notices were mailed by
certified mail on October 17, 1972,
to property owners of record, of
notices of hearing on resolution
of necessity for construction of As-
bury Park Sub. Sanitary sewer,
presented and read. Councilman
Pregler moved that the statement
be received and filed. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays,—None.
(Necessity for Improvement)
RESOLUTION NO. 323-72
Whereas, proposed plans, speci-
fications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The boundaries of the district,
if any.
2. The streets to be improved.
3. The width of such improvement,
and the size and kind of sewers.
4. Each lot proposed to be assessed
together with a valuation fixed by
the council.
5. An estimate of the cost of the
proposed improvement, stating the
same for each different type of
construction and kind of material
to be used.
G. In each case the amount thereof
which is estimated to be assessed
against each lot, for the construc-
tion of Asbury Park Subdivision
Sanitary sewer - 1972 from the
existing manhole in St. Celia Court
northerly to the southerly property
line of Asbury Park, thence east
erly to Lot. 2-2-2 Asbury Park.
BE IT THEREFORE RESOLV-
ED that the City Council on its
own motion or upon petition of
property owners, deems it advis-
able and necessary for the public
welfare to make the herein men-
tioned improvement, and unless
property owners at the time of
the final consideration of this pro-
posed resolution have on file with
the City Clerk objections to the
amount of the proposed assess-
ments, they shall be deemed to
have waived all objections thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be assessed upon and
against all privately owned pro-
perty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto acc-
ording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the sanitation sew-
age rental funds. Sewer bonds shall
be issued and sold in anticipation
of deferred payments of assess-
ments when a contract has been
performed and accepted and the
proceeds thereof used to pay the
contractor. The railway portion of
any street or assessment district
Shall be assessed to and paid by
the railway company.
The above resolution was intro-
duced, approved and ordered plac-
ed on file with the City Clerk
this 16th day of October, 1972. RF.-
Special Session, November 13, 1972 523
CORD OF FINAL ADOPTION The
foregoing resolution was finally
passed and adopted, as proposed,
by the City Council this 13th day
of November 1972.
Wayne A. Moldenhauer
Mayor.
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen.
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved final
adoption of the resolution. Secon-
ded by Mayor Moldenhauer. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
( Decision of Council upon objec-
tions to plans, specifications, form
of contract and cost of imporve-
ments. )
RESOLUTION NO. 350.72
WHEREAS, proposed plans and
specifications and form of contract
for the construction of Asbury Park
Subdivision Sanitary sewer 1972
from the existing manhole in St.
Celia Court northerly to the south-
erly property line of Asbury Park,
thence easterly to Lot 2-2-2 of As-
bury Park. have been approved
by the City Council of the City
of Dubuque and public notice given
as provided 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 13th day of Novem-
ber, 1972; and
WHEREAS, the City Council met
in special session this 13th day
of November, 1972, at 7:30 o'clock
P.M. at the Council Chambers in
the City Hall for the purpose of
hearing all interested parties and
coiLsidering 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 on all objections which
have been duly weighed and con-
sidered; 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, speei.
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.
Passed, adopted and approved
this 13th day of November, 1972.
Wayne A. Moldenhauer
Mayor.
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen.
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution Seconded by
Mayor Moldenhauer. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
( Ordering Construction)
RESOLUTION NO. 351.72
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE that pursuant to a resolu-
tion of necessity No. 323-72 which
was duly passed by this Council,
for the asbury park subdivision
Sanitary sewer — 1972 be and
the same are hereby ordered and
constructed by this Council upon
its own motion and with or without
the petition of property owners.
All the work shall be constructed
in accordance with the plans and
specifications heretofore adopted
and now on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
524 Special Session, November 13, 1972
said improvements be paid for by
levying special assessments again-
st the privately owned property
lying within the assessable distance
from the improvements, whether
such property abut upon the same
or are adjacent thereto, according
to the area thereof and in pro-
portion to the special benefits con-
ferred, and any deficiency will be
paid our of the general improve-
ment, or sewer funds of the city
or partly from each of such funds.
Payment will be made to the con-
tractor out of funds realized from
the sale of bonds to be issued
in anticipation of deferred pay-
ments of assessments as provided
by law after the work has been
completed and accepted by the
City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he
is hereby ordered and directed to
advertise for proposals for the con-
struction of the various improve-
ments herein provided for in the
manner provided by law, the said
improvements shall be completed
on or before 30 days after notice
to proceed has been issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 13th day November, 1972.
Wayne A. Moldenhauer
Mayor.
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen.
Attest:
Leo F. Frommelt
City Clerk.
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
November 9, 1972
Ilonorable Mayor and City Council
Herewith attached is a proposal
from the Consulting Engineers,
lienningson, Durham and Richard-
son of Omaha, Nebraska, for the
study of the water treatment plant
solids disposal problem and for
providing the necessary assistance
in the preparation of a grant appli-
cation to the U.S. Department of
flousing and Urban Development
for the future expansion of the
Water Treatment Plant. Also at-
tached is a letter from Mr. J.J.
[Tail, Water Superintendent and
Mr. John L. White, City Engineer,
recommending acceptance of the
proposal.
I hereby request your honorable
body to grant the City Manager
the authority to execute the at-
tached agreement on behalf of the
City of Dubuque, Iowa.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the communication be received and
filed. Seconded by Mayor Molden-
hauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
RESOLUTION NO. 352-72
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCLI,
OF THE CITY OF DU B U Q U E,
IOWA: That the City Manager be
and is hereby authorized and dir-
(Tted to execute a Consent Order
with the Iowa Water Pollution Co -
mission, a copy of which is a t -
tached, concerning the discharge
of lime sludge from the municipal
water treatment plant facility, in-
cluding the required facilities
which will eliminate the pollution
condition, and construction sched-
ules, as being accomplished to a-
bate the pollution of the Mississ-
ippi River below Dubuque, Iowa.
Passed, approved and adopted
this 13th day of November, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
i
Joseph J. Bitter
Councilmen.
Attest:
Leo F. Frommelt,
City Clerk
I, Leo F. Frommelt, Clerk of
the City of Dubuque, Iowa do here -
'by Certify the foregoing to be true
and correct copy of a Resolution
Special Session, November 13, 1972 525
Adoped by the City Council of the
City of Dubuque, Iowa at a meet.
.ng on the 13th day of November,
1972.
Witness the seal of the said City
of Dubuque, Iowa and my Signa.
ture this 13th day of November,
1972.
Leo F. Frommelt,
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
1.1ouncilmen B i t It e r, Justmann,
Pregler, Thorns.
Nays—None.
RESOLUTION NO. 353-72
l: IT RES0LVED by the City
:. ouncil of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Cig-
arettes Mthin the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette p a p e r s
within said City.
Carol Mae McCaughey 521 East
22nd Street,
Ronald J. Haas 1630 East 16th
Street.
BE IT FURTHER RESOLVED
that the bonds filed with the app-
lication be approved.
Passed, adopted and approved
this 13th day of November, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
.Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried by
the following vote:
Peas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, 'Moms.
Nays—None.
RESOLUTION NO. 354.72
WIfEREAS, applications for Beer
permits have been submitted to
this Council for approval and the
same have been examined; NOW
TI -ERE FORE,
BE IT RFsOLVED by the City
Council of the City of Dubuque.
W
Iowa, that the following applica-
tions be granted and permits is-
sued upon the compliance with the
terms of the ordinances of the
city.
CLASS "C" BEER PERMIT
Lil' Giant Food Stores, Inc. llol
Rhomberg Avenue
Hartig Drug Company 22,55 J. F.
Kennedy Road,
Hartig Drug Company 700 Main
Town Clock Plaza
llariig Drug Company 2225 Central
Avenue.
Hartig Drug Company 97 Locust
Street.
Laverne G. Felderman IM Jack-
son Street.
Passed, adopted and approved
this 13th day of November, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
,Joseph J. Bitter
Councilmen.
Attest:
L,eo F. Frommelt
City Clerk.
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Peas — Mayor Moldenhauer,
Councilmen B i t t e r. Justmann.
Pregler, Thorns.
Nays—None.
RESOLUTION NO. 355.72
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
Lil' Giant Food Stores, Inc. 1101
Rhomberg Avenue.
llartig Drug Company 2255 J. F.
Kennedy Road.
lIarlig Drug Company 700 Main
'Poon Clock Plaza.
526 Special Session, November 13, 1972
Hartig Drug Company 2225 Central
Avenue.
Iiartig Drug Company 97 Locust
Street.
Laverne G. Felderman iW Jack-
son St reet.
BE IT FURTHER RESOLVED
that the bonds filed by such appli-
cants be and the same are hereby
approved.
Passed, adopted and approved
this 13th day of November, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen.
Attest:
Leo F. Frommelt
City Clerk.
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilman Bitter, Justmann,
Pregler, Thoms.
Nays—None.
RESOLUTION NO. 356.72
WHEREAS, applications for Liquor
licenses have been submitted to
this Council for approval and the
same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and licenses issued upon the
compliance with the terms of the
IOWA LIQUOR CONTROL A C T—
CHAPTER 131— as amended by
the 64th General Assembly, 1971.
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
Joan R. Murphy 1101 Central Ave.
nue.
Carol Mae McCaughey 521 East
22nd Street.
Ronald J. Haas 1630 East 16th
Street.
Passed, adopted and approved
this 13th day of November, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen.
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilman B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
RESOLUTION NO. 357-72
WHEREAS, applications for Li-
quor licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the State I.aw and all City ordi-
nances relevant thereto and t h e y
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 issued
to the following named applicants
a Liquor license.
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
Joan R. Murphy 1101 Central Ave-
nue
Carol Mae McCoughey 521 East
22nd Street
Ronald J. Haas 1630 East 16th
Passed, adapted and approved
this 13th day of November, 1972.
Wayne A. Moldenhauer
Mayor.
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk.
Councilman Preglar moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
Council Recessed at 10:00 P. M.
Reconvened at 10:30 P. M.
Mr. Paul Rossiter, of Rossiter
& Hamm, architects and E n g i -
neers, submitted a progress report
of project analysis of Renovation
of the City Hall, comprising the
first half of the analysis. Council-
man Bitter moved that the report
be received and filed and rederred
Special Session, November 13, 1972 587
to the meeting of November 27th.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenbauer,
Councilmen B i t t e r, Justmann,
Pregler. Thorns.
Nays—None.
There being no further business
Councilman Thorns moved to ad.
journ. Seconded by Councilmen
Justmann. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, moms.
Nays—None.
Leo F. Frommelt
City Clerk
Approved February 12 1973
Adopted 12 1973
City Clerk.
Regular Session, November 20, 1972
Board of Health
OFFICIAL
Regular Session, November 20,
1972.
Board met at 7:30 P. M. ( C.S.T. )
Present — Chairman Wayne A.
Moldenhauer, Messrs. Joseph J.
Bitter, C. Robert Justmann, Walter
A. Pregler, Allan T. Thoms. Dr.
Kenneth K. Hazlet M. D. City Man-
age Gilbert D. Chavenelle.
Communication of Clara Markey
Farr relative to a pigeon problem
in existence at 15th & Bluff St.,
presented and read. Mr. Walter
A. Pregler moved that the Park
Board, Board of Health inaugur-
ate a program to combat the nui-
sance and report back to the Coun-
cil,. Seconded by Mr. Allan T.
Thoms. Carried by the following
vote:
Yeas — Chairman Wayne A.
Moldenhauer, Messrs. Joseph J.
Bitter, C. Robert Justmann, Walter
A. Pregler, Allan T. Thoms.
Nays—None.
There being no further business
Mr. Walter A. Pregler moved to
adjourn. Seconded by Chairman
Wayne A. Moldenhauer. Carried
by the following vote:
Yeas — Chairman Wayne A. Mol-
denhauer, Messrs. Joseph J. Bitter,
C. Robert Justmann, Walter A.
Pregler, Allan T. Thoms.
Nays—None.
Leo F. From melt
Clerk Board of Health
Approvedt' e ..b .r u a r y 12197:1
. ...........
Adopted February 1 973
Members of
Bd. of
Atrk Roa!.O.... ` 1
r' of Health
Special Session, November 20, 1972 529
CITY COUNCIL
OFFICIAL
Special Session, November 20,
1972.
Council met at 7:30 P.M. (C.S.T.)
Present — Mayor Moldenhauer,
Councilmen Bitter, Justmann, Pre.
gler, Thorns. City Manager Gilbert
D. Chavenelle.
Mayor Moldenhauer read the call
and stated that service thereof had
been duly made and this meeting
is called for the purpose of conduct.
ing a public hearing on the resolu.
tion of necessity for construction
of phase 11, waste water treat•
ment facilities -contract 11 B, rebid,
and acting upon such other busi-
ness as may properly come before
a re,ular meeting of the Council.
Communication of Consulate Ge.
neral of Israel expressing grati-
tude to the Mayor and citizens
Of the City for expressions of sym-
pathy regarding the inhuman mur-
der committed by Arab terrorists
in Munich, presented and read.
Councilman Pregler moved that
the communication be received and
filed. Seconded by Mayor Molden-
hauer. Carried by the following;
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Na;, s—None.
October 20, 1972
City Council
An application for optioning 7.071
acres in Blocks 12 and 13, River -
front. Subdivision No. 3, Dubuque
industrial Park, has been received
by this committee from the Ther-
molyne Corporation of Dubuque.
The intent of this company is
to expand their local operations,
and to bring to Dubuque new busi-
nesses, such as the Auto Stainer
Company of Milwaukee, which was
recently purchased by Thermolyne
and moved to Dubuque. It is there-
fore the recommendation of this
body that the City of Dubuque
take the following action:
1. That the 7.071 acres in Blocks
12 and 13 of Dubuque Municipal
Industrial Park be optioned to
Thermolyne Corporation for $275
per acre per year.
2. That the selling price of the
property, if and when the option
is exercized, be $5,000 per acre,
or a total of $35,355 for the par-
cel, with provision that option
payments shall not be applied
on the purchase price.
3. That the option be for a two.
Year period, and that 90 days
prior to the expiration of said
option the city reserves the right
to cancel said option and notify
the company in writing, or ex-
tend said option for another two
years.
4. That in the event said option
is exercized, Thermolyne Corpor-
ation will agree to commence
construction of a plant within
one year of transfer of title,
and complete such construction
within two years.
5. That construction of said im-
provements conform to c i t y
codes, ea cments and ordinances.
Mayor's Industrial Com
mittee
Wayne A. Moldenhauer
Mayor
Robert E. Dorothy
Mgr. Industrial Bureau
Fred Schreiber
Chairman Dock Board
Councilman Bitter moved that
the communication be referred for
proper proceedings. Seconded by
Mayor Moldenhauer. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
Communication of D u b uque
County submitting petition for sus-
pension or remission of taxes on
account of infirmity or old age
by Harriet J. Jordan on Lot 55
Littleton & Sawyer's Addn., pre-
sented and read. Councilman Bit-
ter moved that the petition be
;ranted and the Clerk be given
authority to sign. Seconded by
Councilman Thoms. Carried by the
following vote:
yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmanu,
Pregler, Thoms.
Nays—None.
Communication of Peoples Nat-
ural Gas advising of initiation of
first of two separate rate increases
for natural gas service to small
volume customers in the City, first
increase effective after December
530 Special Session, November 20, 1972
26, 1972 about 80c per month to
residential customers, presented
and read. Councilman Pregler
moved that the communication be
referred to the City Manager and
staff to inquire if a rate increase
is being considered to larger cus-
tomers also. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann
Pregler, Thoms.
Nays—None.
November 17, 1972
Honorable Mayor and Councilmen
The Dubuque Plannnig and Zon-
ing Commission has held a public
hearing on the petition of the Sis-
ters of Saint Francis to change
the zoning classification on a four
(4) acre parcel of their property
in the City of Dubuque, Iowa, from
Single Family Residence to Mul-
tiple Residence District, which par-
cel is described as follows:
Commencing at the Southeast
Corner of Section 12, Township
89 North, Range 2 East of 5th
Principal Meridian in the City
of Dubuque, Iowa, thence West,
550.00 feet along the East-West
Section Line between Section 12,
Township 89 North, Range 2 East
of 5th Principal Meridian and
Section 13, Township 89 North,
Range 2 East of 5th Principal
Meridian, to the point of begin-
ning of the tract of land being
described, thence North, 350.00
feet, thence west, 530.00 feet,
thence South, 67.00 feet, thence
East, 39.00 feet, thence South,
45.00 feet, thence East, 48.00 feet,
thence South 4` 20' West, 238.00
feet to said East-West Section
Line between said Sections 12
and 13, thence East, 461.00 feet
along said East-West Section
Line between said Sections 12
and 13 to the point of beginning,
and is subject to the 30 feet in
width reserved for road.
The Sisters of S a i n t Francis,
through their attorney, have indi-
cated their intent to develop this
parcel for a child development nur-
sing care center. Property owners
from the Davis Street area who
were in attendance at the public
hearing expressed no particular ob-
jection to this intended develop-
ment, but were concerned about
the use of the parcel for high-den-
sity apartment development. In its
discussion of this request, the Com-
mission determined that extensive
use of this site for apartment de-
velopment would he subject to the
Planned Unit Development provi-
sions of the Zoning O r d i nance,
which would require that detailed
plans of such development be pre-
sented at a public hearing before
the Board of Adjustment.
In consideration of this further
opportunity for review of any sub-
sequent plans for extenisve apart-
ment development, it was the opin-
ion of the Commission that the
reclassification of this parcel to
Multiple Residence District is ap-
propriate. The Planning and Zon-
ing Commission has recommended
that the petition of the Sisters of
Saint Francis be approved.
CITY PLANNING AND ZONING
COMMISSION
Daniel Dittemore
Development Planner
Councilman Bitter moved that
the communication be referred for
proper proceedings. Seconded by
Mayor Moldenhauer. Carried by
the following vot?:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays—None.
November 17, 1972
Honorable Mayor and Councilmen
The Dubuque Planning and Zon-
ing Commission has reviewed the
petition of Mr. Herb Heitzman for
the vacation of the platted alley
abutting the west line of Lot I
of Lot 208 of Finley's Addition
in the City of Dubuque, Iowa. The
Commission has determined that
this alley serves no present or
future use as a public thorough-
fare, and has recommended that
it be vacated, subject to any nec-
essary easements for utilities.
CITY PLANNING AND ZONING
COMMISSION
Daniel Dittemore
Development Planner
Councilman Pregler moved that
the communication be referred to
the City Manager. Seconded by
Councilman Bitter. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays --None.
Special Session, November 20, 1972 531
November 24, 1972 and (k) of Section 2 of Article
Honorable Mayor and City Council N, it is the finding of the Com -
The City of Dubuque Planning mission that this amendment serv-
and Zoning Commission has held es no essential purpose, and it
a public hearing on a proposed is
recommended that you reject
amendment to Ordinance No. 3.34, this proposal.
enacting a new Section 2 of Article Respectfully submitted,
N, thereof, establishing and de- CITY
PLANNING AND ZONING
fining the uses permitted in a Mul- COMMISSION
tiple Residence District. Daniel Dittemore
The Commission has considered
Development Planner
that the effect of the amendment
Mayor Moldenhauer moved that
is limited to a restrict: *on on the the
communication be referred for
sale of material goods in premises proper proceedings. Seconded by
classified in the Multiple Residence
Poteler. Carried by
District, according to provisions the
of proposed subparagraphs (j) and
following
Yeas — Mayor Moldenhauer,
men Bitter, Justmann,
W. In its study of this amend- Councilrude,
merit, the Commission determined
I' Thoms.
that such a restriction has no pre-
Nays—None.
sent or foreseeable application to
November 17, 1972
uses now permitted within the Mill-
Honorable Mayor and Councilmen
tiple Residence District insofar as
This is to inform you that the
the Zoning Ordinance now contains
petition of Merle E. and Margaret
adequate safeguards against unre-
F Goerdt for annexation and re-
stricted sales activities in this zon-
zoning of their property in the
ink district. The Commission has
vicinity of Sheridan and Peru
also considered that the principal
Road, as referred by you to the
thrust of the amendment may be
planning and Zoning Commission
Directed against the establishment
at your meeting of September 15,
of medical office apothecaries in
1972 has been withdrawn according
`Multiple Residence Districts.
to the attached letter.
The referral of this proposed a-
CITY PLANNING AND ZONING
mendment indicates that the med-
COMMISSION
ical office — apothecary issue is
Daniel Dittemore
still unresolved. In this regard,
Development Planner
The Planning and Zoning Commis-
Councilman Pregler moved that
cion wishes to again express its
the communication be received and
recommendation in fa-
filed. Seconded by Councilman Bit-
unanimous
vor of permitting limited drug dis-
ter. Carried by the following vote:
pensing activities in conjunction
with medical office development.
Yeas — Mayos' Moldenhauer,
Councilmen B i t t e r, Justmann,
In its examination of this issue
Pregler, Thorns.
over a period of three years, it
judgement of the
Mays—None.
November 17, 1972
has been the
Commission that medical offices
Honorable Mayor and Councilmen
and apothecaries could be estab-
The Dubuque Planning and Zon-
lished in the vicinity of any Of
the local hospitals without creating
Commission has reviewed a
frig the Wartburg Seminary
by
a substantial hardship oil the im.
request
h i M b l
o amend their
mediate hospital neighborhoods or
n d
provideforfor
on the community at large, a
public benefit
teiiareesand laundryabui diing wath-
that a significant
could be provided in this developThe
development.
ment. The Commission has held
nth that thismre-
ion public
hearings on and has ap-
ordinance a
vision is appropriate and has re-
his
rove this
that u approve
proved two separate
mendments that would provide for
commended
t e Se -
apothecary development under con-
urges
amendment
inadmMtobile Home Park Plan.
AND ZONING
trolled circumstances, and
adoption ofCITY
PLANNING
O
you to reconsider the
MD3SION
either of these prior proposals.
proposed Daniel Dittemore
In the matter of the Planner
tri >bs (j)
amendment to subpara), 1
Development
532 Special Session, November 20, 1972
Councilman Justmann moved
that the communication be referred
to the City Solicitor for proper
proceedings. Seconded by Council-
man Pregler. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenbauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
November 14, 1972
To the Honorable Mayor
and City Council
I herewith submit the reports
of the City Treasurer, City Auditor,
Water Superintendent, Health De-
partment and a list of claims paid
for the month of October 1972.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the reports be received and filed.
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
November 16, 1972
To the Honorable Mayor
and City Council.
The city council referred to the
mana;er comments and objections
of various people relating to the
incidences which occured on Aug-
ust 26, 1972, as well as written
and oral reports of the chief of
police. The subject matter of the
complaints, petitions and reports
'.o the city council stem from the
events of that evening and sub-
sequent events involving gathering
of groups in front of city hall.
I have reviewed all the com-
plaints out of which certain salient
features appear. These are the sub-
ject matter of this report. I do
not report an answer to each ques-
tion raised by the petitioners. I
respond, however, to reasons for
th^ complaints and suggest correc-
tion thereto.
I report upon these topics which
themselves rise out of the events:
Informing City Council of Police
Matters
Citizen Petitions to Government
Response to Petitioner
Citizen Complaint Against Anoth-
er for Violation of a City Ordinance
Right of Assembly in Public Places
Emergencies
Public Information
Personnel Grievances in the Po-
lice Department
I have written a "Police De-
partment Handbook." It is an out-
line of suggested police procedure
covering each of the topics I have
listed. I will give the handbook
to the councilmen at council meet-
ing. It is suggested that the council-
men review the report and consider
the proposals at a following meet-
ing.
It is suggested that a copy of
the handbook be given to the pe-
titioners so that you can discuss
with them their petition in the
light of the handbook proposals.
I have also written a brief note
about investigative procedure
which I have entitled "Comment
for Council." This will be submit-
ted with the handbook.
Finally, I recommend that a task
force be organized for the purpose
of reviewing and detailing the
handbook, that the product of their
work be reported to the city council
and that the task force be dis-
banded upon making their report.
Gilbert D. Chavenelle
City Manager
Mayor Moldenhauer moved that
the communication be referred to
the Council for study to agenda
of the 27th of November and dis-
cussion. Seconded by Councilman
Justmann, Carried by the follow-
ing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays—None.
Communication of Mayor Mol-
denhauer being the Mayor's weekly
report, dated November 19, 1972,
presented for the record. Council-
man Pregler moved that the com-
munication be received and filed.
Seconded by Councilman B i t t e r.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann
Pregler, Thoms.
Nays—None.
November 16, 1972
Hon. Mayor
and City Council
On the 8th day of March, 1971,
Original Notice with Petition at-
tached was served on the City
of Dubuque by Ecumenical Hous-
Special Session, November 20, 1972 533
ing, Inc. claiming damages in the
amount of $54,0.33.00 allegedly aris-
ing out of the damages suffered
to a building from fire and claim-
ing that the City of Dubuque one
of the defendants, was negligent.
This matter was referred to the
City Attorney, who referred same
to the appropriate agency, and to-
gether with its counsel entered re-
sistance to said action. On May
26, 1971, the City Attorney report-
ed to your Honorable Body that
nn May 7, 1971, the District Court
(f Dubuque County, Iowa made
an adjudication in this matter that
the plaintiff did not have a cause
of action against the City of Du-
buque, and returned Original No-
tice and the petition were returned.
On November 15, 1972, the plain-
tiff filed its Dismissal with pre-
judice of said action, and said
action has now been dismissed al
no cost to the City of Dubuque.
R. N. Russo
City Attorney
Councilman Pregler moved that
the communication be received and
filed. Seconded by Councilman Bit-
ter. Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notice of claim of Vincent J.
llayes, in the amount of E22ti.09,
for car damage incurred as the
result of striking a hole in the
street coming out of the A & P
Parking loot on Asbury Road, on
November 9, 1972, presented and
read. Councilman Pregler moved
that the notice of claim be re-
ferred to the City Attorney for
investigation and report. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays --- None.
Notice of claim of Gary W. Mar -
burger, in the amount of $35, for
expense incurred as the result of
a backed -up sanitary sewer at 2938
Washington Street on November
9, 1972, presented and read. Coun-
cilman Pregler moved that the no-
tice of claim be referred to the
City Attorney for investigation and
report. Seconded by Councilman
Bitter. Carried by the following
vete
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
Notice of claim M Martha O'Neal
in an undetermined amount, for
Personal injuries received in a fail
on a defective sidewalk at 98 Hill
St. on September 27, 1972, pre.
sented and read. Councilman Preg-
ler moved that the notice of claim
be referred to the City Attorney
for investigation and report. Se.
conded by Councilman Bitter. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
ORDINANCE NO. 59-72
Amending Ordinance No. 46.72 by
repealing section 19 thereof and
enacting a new section 19 in lieu
thereof to prohibit the display on
the premises of a class B permit
holder of moving pictures, slides,
or other film depiction projected
unto a screen or other surface
and by repealing Section 26 thereof
and enacting a new section 26 in
lieu to provide for penalty and
violation,
presented and read.
Councilman Justmann moved
that the rules be suspended in
order to let anyone present ad-
dre-ss the Council if they so de.
sire. Seconded by Councilman Bit-
ter. Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
Police Chief O'Brien addressed
the Council relative to the proposed
Ordinance on the showing of films
in taverns. Raphael Grant head
of the Tavern Keeper's Assn, de-
finitely spoke against the showing
of skin flick movies in taverns.
However he could see no harm
in the showing of baseball movies
etc. in a tavern. Bob Mercer of
the Holiday Inn posed several ques-
tions on the subject. John Hall
asked the question whether or not
the tavern keepers could sit in
on the movies.
Councilman Pregler moved that
the proposed Ordinance be referred
5334 Special Session, November 20, 1972
back to the Manager and staff
with direction. Seconded by Coun-
cilman Justmann. Carried by the
following vote.:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
ORDINANCE NO. 60.72
An Ordinance amending Ordinance
No. 33-49 known as The Traffic
Code of Dubuque, Iowa as amend-
ed, by repealing Section 16.30
thereof and enacting a new Section
16.30 in lieu thereof to regulate
the parking of motor vehicles in
the alleys enumerated in Schedule
VII,
presented and read.
Mayor Moldenhauer moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen Justmann, Pregler,
Thoms.
Nays — Councilman Bitter.
Mayor Moldenhauer moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council-
man Pregler. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — Councilman Bitter.
ORDINANCE No. X0.72
AN ORDINANCE AMENDING ORDI.
NANCE No. 33-49 KNOWN AS THE
"TRAFFIC CODE OF DUBUQUE,
IOWA" AS AMENDED, BY REP AL-
INE SECTION 16.30 THEREOF AND
EN LITINA NETF TO R
IEUHEREO
EGULATE
HICSAKELSONR V
LEINTHALEYEUMER-
ATED IN SCHEDULE VII.
NOW THEREFORE BE IT ORDAIN-
THDE CITY OF DUBUQUE,Y THE CITY IOWA:
IL Section
Section 1. That Ordinance No. 3349
be and the same Is hereby amended
by repealing Section 16.30 thereof and
enacting a new Section 16.30 in lieu
thereof as new
16.30. Unless actually engaged in
taking on or discharaing persons,
goods, or merchandise, no person
shall stop or park a vehicle In the
alleys or portions of alleys enum-
erated In Schedule VII hereof. All
vehicles stopped or parked In any
of said alleys for the purpose of
taking on or discharging persons,
goods, or merchandise shall have
a Qualified operator in attendance
at all times being subject to
movement upon request o1 a Po-
lice or Fire Officer The Provls
ions of this section shall not apply
to vehicles standing or parked It,
compliance with the directions of
a Police Officer or a traffic con -
Passed, approved and adopted this
21)th day of November, 1972.
Wayne A. Moldenhaur,
MAYOR
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
COUNCILMEN
ATTEST:
Leo F. Frommelt
CITY CLERK
Published officially in The Telegraph -
Herald Newspaper this 271h day of
November, 1972.
Leo F. Frommelt
City Clerk
1t. 11/27
Mayor Moldenhauer moved final
adoption of the Ordinance. Second-
ed by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler.
Thoms.
Nays — Councilman Bitter.
ORDINANCE NO. 61-72
An ordinance amending Schedule
VII of Ordinance No. 33-49 known
as The "Traffic Code of Dubuque,
Iowa" to provide that when signs
are erected giving notice thereof,
no person shall stop or park on
any of the following alleys or por-
tions of alleys, hereinafter desig-
nated, unless actually engaged in
taking on or discharging persons,
goods or merchandise and said
vehicle shall have a qualified ope-
rator in attendance at all times
subiect to movement upon request
of police officer or fire officer,
presented and read.
Mayor Moldenhauer moved that
the reading just had be considered
the first reading of the Ordinance
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — Councilman Bitter.
Mayor Moldenhauer moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council-
man Pregler. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — Councilman Bitter.
ORDINANCE No. 61.72
AN ORDINANCE AMEN? SCHED-
ULE V11 OF ORDINANCE No. 3349
KNOWN AS THE "TRAFFIC CODE
OF DUBUQUE IOWA" TO PROVIDE
THAT WHEN SIGNS ARE ERECTED
GIVING NOTICE THEREOF, NO
PERSON SHALL STOP OR PARK ON
ANY OF THE FOLLOWING ALLEYS
OR PORTIONS OF ALLEYS HEREIN-
AFTER DESIGNATED, U1fLESS AC-
TUALLY ENGAGED IN TAKING ON
OR DISCHARGING PERSONS, GOODS
01
Special Session, November 20, 1972
--- ---- - --- — ---__ 535
OR MERCHANDISE AND SAID VE.
HICLE SHALL HAVE A QUALIFIED
OPERATOR IN ATTENDANCE AT
ALL TIMES SUBJECT TO MOVE.
MENT UPON REQUEST OF POLI
Cr
OFFICER OR FIRE OFFICER.
NOW THEREFORL BE IT ORDAIN
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Schedule VII of
Ordinance No. 3349 be and the same
is hereby amended to provide the'
when signs are erected giving notice
thereof, no person shall stop or park
on any of the following alleys or por-
tions of alleys, hereinafter designated,
unless actually engaoed in iak,ng on
or discharging persons, goods or mer-
chandise and said Vehicle shall have
a qualified operator in attendance at
all tunes subtecIto movement um,
request of police officer Or fire officer
as follows:
A. From Jones Street to West 11th
Street in the alley betwPel Bluff
and Locust Streets.
b From Jones Street to Loras Bout.
evard in the alley lying between
Locust and Main S -r• -
c. From West Second Street tf
Loras Boulevard n the alley lying
between Main and Iowa Streets
d From West Fourth Street to it
Thirteenth Hall p roStreel to West and from y17sh
Street in the Alley between Con.
trot Avenue and Iowa Street
e. From East Fourth Street to East
Eighteenth Street In the aliev
between Central Avenue and
White Street.
I In the alley first east of Maple
Street from a point fifty foot
north of the north line of Erse
10h Street to Its northerty ter•
minus.
o On the west side of Pine Street
between Eighteenth and Nim,
teenth Streets
h. In the alley lying between As
bury Street and Finley Suer*,
from Cherry Street to University
Avenue
i. In the alley between Cedar Street
and Sycamore Street from Itch
Street to 15th street
i In the alley between Maple Street
and Cedar Sheer from ISth
Street to 18th Street.
k, The alleys lying within the boun-
daries of Town Clock Plaza from
the northerly property line of
Fourth Street to the southerly
Property line of Ninth Street and
Locust Street on the West to Cen-
ral Avenue on the east.
PAs+ed, approved and adopted this
70th day of November, 1972,
Wayne A Moldenhauer
MAYOR
Wetter A Preglef
Allan T. Thoms
C. Robert Jus'mann
ATTEST: COUNCILMEN
Leo F. Frommelt
CITY CLERK
Published oHlcally in The Telegraph
Herald Newspaper this 27th day of
November, 1972.
Leo F. Frommel(
It. IIf27 City Clerk
Mayor Moldenhauer moved final
adoption oil the Ordinance. Second-
ed by Councilman Pregler. Car-
ried by the following vote:
Yeas ---- Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays --{councilman Bitter
Mayor Moldenhauer moved that
the Chief of Police report back
to the Council in three months
as to the parking in alleys and
how effective the above Ordinance
will becorne, and if not to consider
a Possible increase in fees for vio.
lations. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler.
Nays -- Councilman Thoms.
Petition of Peoples Natural Gas
requesting permission to excavate
at 201 Lincoln Ave. to repair a
service line, presented and read.
Councilman Bitter mored that the
request be granted. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter. Justmann,
Pregler, Thoms.
Nays — None.
Petition of Ruth Wild requesting
a reduction of the price of a ped-
dler's license, because she only
works from October to March hem
in the City, therefore the license
should be reducer! to $50. present-
ed and read. Mayor Moldenhauer
moved that the petition be denied.
Seconded by Councilman Thoms.
Carrie(l by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Northwestern Bell Te-
lephone Co. requesting permission
to excavate in Jones Street be-
tween Main and Iowa, presented
and read. Councilman Bitter mov-
ed that the petition be granted.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t It e r, Justmann.
Pregler, Thoms.
Nays — None.
Petition of Mississippi Valley
Milk Producers Assn, requesting
a refund of $50 on the unexpired
portion of cigarette license No. 257,
as they have discontinued business
on 11-11-72, presented and read.
Councilman Bitter moved that the
refund be granted and the Auditor
instructed to issue proper warrant.
Seconded by Councilman Pregler.
Carried by the following vote:
yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, Thoms.
Nays — None.
Petition of Mississippi Valley
Milk Producers Assn. requesting
538 Special Session, November 20, 1972
a refund of $5625 on the unexpired
portion of Class C beer permit
No. 3002 as they have discontinued
business on 11-11-72, presented and
read.
Councilman Bitter moved that
the refund be granted and the
Auditor instructed to issue proper
warrant. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Petition of Donald Shanley re-
questing a refund of $50 on the
unexpired portion of cigarette li-
cense No. 242, as he has discon-
tinued business on 11-16-72, pre-
sented and read. Councilman Bit-
ter moved that the refund be grant-
ed and the Auditor instructed to
issue proper warrant. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nay—None.
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing to designate property
located at 1320 Locust Street as
having historical and -or architec-
tural significance and be consider-
ed for commercial purposes, pre-
sented and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the
time set for the hearing.
Councilman Preegler moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Bitter. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Communication of Dubuque
County Historical Society request-
ing consideration in granting Mr.
Sullivan's request as to historical
and or architectural significance
of the property at 1320 Locust St.
presented and read. Councilman
Pregler moved that the communi-
cation be received and filed. Se-
conded by Councilman Bitter. Ca,r-
Tied by the following vote:
Yeas — M a y o r Moldenhauer.
Councilmen B i t It e r, Justmann.
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 358.72
WIIEREAS, application has been
made by Robert A. Su'livan, owner
of the following described real es-
tate:
The South One -Fifth of Out Lot
476 in the City of Dubuque, Iowa,
according to the United States
Commissioners' Map of the Town
of Dubuque, Iowa
f ,r designation of the described
real estate to be designated as
be ng historically and -or architec-
turally significant by this Council:
and the City Council being familiar
with the described property and
the Victorian home situated there-
on, and
WHEREAS said historical and -
or architectural designation would
further the historical and cultural
atmosphere of the community
NOW, THEREFORE, BE IT RRE-
SOIXED by the City Council of
the City of Dubuque, Iowa, that
the property and buildings describ-
ed as
The South One -Fifth of Out Lot
476 in the City of Dubuque, Iowa,
according to the United States
Commissioners' Map of the Town
of Dubuque, Iowa
be and hereby are designated as
being historically and -or architec-
turally significant.
Passed this 20th day of Novem-
ber, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays -- None.
Special Sesssion, November 20, 1972
November 17, 1972
Honorable Mayor
and Councilmen
The Dubuque Planning and Zon.
ing Commission ha -s reveiwed the
proposed final plat of Lot 1 thru
4 inclusive of Lot 21 Block 10
in Sunset Park Subdivision in the
City of Dubuque, Iowa.
The Commission has determined
that this plat conforms to all re-
quirements of the Subdivision Or.
dinance, and has recommended
that it he approved.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Pregler moved ap.
proval of the recommendation. Se-
conded by Councilman Bitter. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 354.72
RESOLUTION Approving Plat of
I.A 21, Black 10, Sunset Park Sub-
ciyision
WILEREAS there has been filed
with the City Clerk a plat in which
IAot 21 Block 10 Sunset Park Sub-
divis on is platted as Lots 1 through
Lot 4 of Lot 21, Block 10, Sunset
Park Subdivision in the. City of
Dubuque, Iowa and,
WHEREAS said plat has been
vxatnined by the City Plan Com-
mission and had its approval en-
dorsed thereon; and,
WHEREAS said plat has been
examined by the City Council and
they find the same conforms to
the Statutes and Ordinances relat-
ing thereto;
NOW, TliE:REFOR.E, BE IT RE.
SOLVED BY THE CITY COUNCIL
OF TI[E CITY OF DUBUQUE,
IOWA:
Section 1. That the above de-
scribed plat be and the same is
hereby approved and the Mayor
:n:,l Clerk be and they are here
by authorized and directed to en-
dorse the approval of the City
ulx)n said plat.
Passed, adopted and approved
W-
537
this 20th day of November A.D.,
1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, .Justmann,
Pregler, Thoms.
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 speci-
fications, form of contract and cost
of improvements for Phase II
Waste Water Treatment Facilities
Contract IIB -Rebid, presented and
read.
No written objections were filed
and no oral objectors were present
at the time set for the hearing.
Councilman fatter moved that
the proof of publication be r e-
ceived and filed. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, ,Justmann,
Pregler, Thoms.
Pays — None.
RESOLUTION N0. 335.72
WHEREAS, proposed plans, spe-
cifications, form of contract have
been duly prepared and approved
by the Cit) Council of the City
of Dubuque and are now on file
in the office of the City Clerk
showing among other things the
following:
1. An estimate of the cost of
the proposed improvement for
PHASE U
WASTE WATER TREATMENT
FACILITIES
CONTRACT 11 B REBID
This contract consists of alter-
nate at grade type covers over
the grit and grease basins, cotn-
plete odor control system and re-
quired ventilation modifications,
538 Special Session, November 20, 1972
required flow measuring and samp-
ling devices, and electrical work.
BE IT THEREFORE RESOLV-
ED that the City Council on its
own motion or upon petition of
property owners, deems it advis-
able and necessary for the public
welfare to make the hercinmen-
tioned improvement, and unless
property owners at the time of
the final consideration of this pro-
posed resolution have on file with
the City Clerk objections to the
amount of the cost of improve-
ment, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid from the Sani-
tation Sewage Rental Fund and
a Federal -State Grant.
The above resolution was intro-
duced, approved, and ordered
placed on file with the City Clerk
this 6th day of November, 1972.
Approved and placed on file for
final action.
The foregoing resolution was fi-
nally passed and adopted, as pro-
posed, by the City Council this
20th day of November 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved final
adoption of the resolution. Second-
ed by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
September 26, 1972
To the Honorable Mayor
and City Council
The construction of 1971 Traffic
Signal and Strut Lighting Project
and work incidental thereto in and
for the City of Dubuque, Iowa has
been substantially completed in ac-
cordance with plans, specifications
and the contract by and between
Moldt Electric Service, Inc. of Du-
buque, Iowa and the City of Du-
buque, Iowa.
Gilbert D. Chavenelle
City Manager
Councilman Bitter moved that
the communication be received and
filed. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
FINAL ESTIMATE
RESOLUTION NO. 360.72
WHEREAS, the contract for the
1971 Traffic Signal and Street
Lighting Project R.U.T. Fund
45,031.10 Utility Fund 25,716.47 has
been completed and the City En•
gineer has submitted lus final es-
timate showing the cost thereof
including the cost of estimates,
notices, inspection, and preparing
the assessment and plat, n o w
therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque.
That the cost of said improve-
ment is hereby determined to be
$70,747.57.
That None of the cost thereof
shall be assessable upon private
property and $70,747.57 shall be
paid from the Road Use Tax Fund
and Utility Fund of the City of
Dubuque.
Passed, adopted and approved
this 20th day of November- 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommedt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Special Session, November 20, 1972
(A Resolution Accepting
Improvement)
RESOLUTION NO. 361.72
WIiF,RF.AS, the contract for the
1971 Traffic Signal and Street
Lighting Project has been com-
pleted and the City Manager has
examined the work and filed his
certificate stating that the same
has been completed according to
the terms of the contract, plins
and specifications and recommends
its acceptance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer be and
he is hereby directed to pay too
the contractor from the funds to
be realized upon the above de-
scribed improvement in amount
equal to the amount of his con-
tract, less any retained percentage
provided for therein.
Passed, adopted and approved
this 20th day of November, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 362.72
WHEREAS, the Mayor's Indus -
trail Committee, composed of Dr.
Wayne Moldenhauer, Mayor, Fred
Schreiber, chairman of Dock
Board, and Robert Dorothy, Mana-
ger of Dubuque Industrial Bureau,
have recommended to the City
Council of Dubuque, Iowa, that
the application to purchase cer-
tain real estate by Key City Plat-
ing Company of Dubuque, Iowa
for the purpose of constructing and
erecting thereon a building can-
taining approximately 7000 square
feet, be approved, and;
WHEREAS, the City Council of
City of Dubuque, Iowa has exa-
mined said applicaticn and said
recommendation by the Mayor's
Industrial Committee and find that
the sale M said real estate should
be approved; and
WHEREAS, said real estate
sought to be purchased by Key
City Plating Company of Dubuque,
Iowa is described and known as:
Lot 1 of Lot 1 of Lot 1 of Block
6, Riverfront Subdivision No. 3,
in the City of Dubuque, Iowa,
containing approximately 1.62 ac-
res, subject to existing ease-
ments.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA-
Section
OWA:Section 1. That the application
of Key City Plating Company of
Dubuque, Iowa to purchase a par-
cel of real estate in the City of
Dubuque, Iowa which real estate
is described and known as:
Lot 1 of Loot 1 of Lot 1 of Block
6, Riverfront. Subdivision No. 3,
in the City of Dubuque, Iowa,
containing approximately 1.62 ac-
res, suliject to existing ease-
ments.
be and the same is hereby ap-
proved upon the following terms
and conditions:
1. That said real estate be sold
to Key City Plating Company
for the construction thereof
of a new building containing
approximately 7,000 square
feet.
2. That the sale price for said
real estate shall be $.20 per
square foot in the total
amount of Fourteen Thousand
One Hundred Thirteen and 44-
100 ($14,113.44) Dollars, and
the receipt of One Thousand
Four Hundred Eleven
($1,411.00) Dollars as down
payment is herewith acknowl-
edged by the City.
3. That construction of said
building shall be commenced
within one (1) year of adop-
tion and the passage of this
Resolution and shall be com-
pleted within two (2) years
of delivery of deed, and upon
failure so to do by the Key
540 Special Session, November 20, 1972
City Plating Company, pur-
chaser, said real estate shall
automatically revert to the
City of Dubuque, Iowa and
purchase price, less damages,
shall be refunded to the pur-
chaser.
4. That the construction of all
buildings, yards, parking lots,
fences and ancillary improve-
ments shall be constructed in
conformance with existing Ci-
ty codes, and manufacturing
processes carried out in ac-
cord with city ordinances.
:i, That the City of Dubuque,
Iowa retains a perpetual ease-
ment for existing waterlines,
existing sanitary sewer and
storm sewer lines and f or
utilities together with right of
of ingress and egress to re-
pair, inspect and maintain the
same.
6. That all utilities and services
to proposed buildings be con-
nected at buyer's expense.
Seciion 2. That the City Clerk
be and he is hereby authorized
and directed to publish notice of
intent to dispose of interest in real
estate as is by law required.
Passed, approved and adopted
this 20th day of November, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thoms moved ad-
option of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms
Nays — None.
RESOLUTION NO. 363-72
BE I.T RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
comp'ied with the provisions of
law relating to the sale of Ci-
garettes within the City of Dubu-
que, Iowa, be granted a permit
to sell Cigarettes and Cigarette
Papers within sadd City.
University of Dubuque Student PX,
20.50 University Avenue
BE IT FURTHER RESOLVED
that the bonds filed with the ap-
plication be approved.
Passed, adopted and approved
this 20th day of November, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommel(
City Clerk
Councilman Bitter moved adop.
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 364.72
WHEREAS, applications for Li-
quor licenses have been submitted
to this Council for approval and
the same have been examined,
NOW TIiEREFORE 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—
CIIA.PTER 131—as amended by the
r4th General Assembly, 1971.
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
Town Clock Inn Incorporated, 8th
& Main Nesler Center
Passed, adopted and approved
this 20th day of November, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
I" F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Special Session, November 20, 1872
RESOLUTION NO. 365.72
WLLERE.tiS, applications for Li-
quor licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
'AII:EREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the State Law and all City ordi-
nances relevant thereto and they
have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque. Iowa, that the Manager
he authorized to cause to be is-
sued to the following named appli-
cants a Liquor license
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
'[own Clock Inn Incorporated, 9th
& Main Nesler Center
Passed, adopted and approved
this 20th day of November, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
There being no further business
Councilman Bitter moved to ad-
journ. Seconded by Councilman
Pregler. Carried by the following;
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Leo F. Frommelt
City Clerk
Approved February 12 1973
Adopted February 12 1973
542 Special Session, November 27, 1972
CITY COUNCIL
OFFICIAL
Special session, November 27,
1972.
Council met at 7:30 P.M. (C.
S.T.)
Present — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms. City Manager Gilbert D.
Chavenelle.
Absent — Councilmen Bitter (out
of City)
Mayor Moldenhauer read the call
and stated that service thereof had
been duly made and this meeting
is called for the purpose of act-
ing upon such business as may
properly come before the meeting.
Mr. Pat Conlon addressed the
Council by invitation to give a
resume of the Youth services
group.
Communication of Councilman
Bitter excusing his absence from
the meeting as he attending the
meeting of the 49th Annual Con-
gress of Cities of the National
I,eague of Cities in Indianapolis,
Ind., presented and read. Mayor
Moldenhauer moved that the com-
munication be received and filed.
Seconded by Councilman J u s t -
mann. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — None.
Absent — Councilman Bitter.
Proof of Publication, certified to
by the Publisher, of Receipts and
Disbursements and a list of claims
for October 1972, presented and
read. Mayor Moldenhauer moved
that the proof of publication be
received and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — None.
Absent — Councilman Bitter.
Communication of Peoples Na-
tural Gas indicating that the rate
increases are to be applied uni.
formly to all consumers of natural
gas irregardless of the volumes
purchased, thereby clearing up any
misunderstanding that may have
been caused from their communi-
cation of November 15, 1972, pre-
sented and read. Mayor Molden-
hauer moved that the communica-
tion be received and filed. Second-
ed by Councilman Justmann. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler.
Thoms.
Nays — None.
Absent. — Councilman Bitter.
Communication of City Manager
for resubmission along with Police
Department Handbook to comply
with former instruction, forward
from Council meeting of Novem-
ber 20th, presented and read.
Councilman Thoms moved to di-
rect the Manager to proceed with
appointment of a task force, with
particular attention to Paragraph
8-A and Paragraph B as outlined
and providing for the addition of
a Police Captain to the member-
ship. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Pregler, Thoms.
Nays — Councilman Justmann.
Absent — Councilman Bitter.
November 22, 1972
'ro the Honorable Mayor
and City Council
I return to you for further in.
struction about the request of Mr.
John V. Meehan for an easement
for a driveway to Lot 02 Eagle
Point View located on Eagle Point
Drive.
On August 30, 1971 the council
considered the matter. A motion
was passed authorizing the city
manager to issue a revocable per-
mit and to exchange property.
It was desired to exchange park
land with Mr. Meehan for his lot
and then grant a driveway permit
in order not to separate park land
by an intervening private owner-
ship.
I have not issued the permit
because the land has not been
exchanged.
I1 has been asserted by Mr. Mee-
han's representative that the park
land could not be transferred with
proper title without some declara-
tory judgement action to correct
the detect.
Special Session, November 27, 1972 543
In telephone conversation with
Mr. Meehan on November 15th,
he explained to me that, according
to council instruction, it was my
responsibility to either exchange
the property and provide proper
title action at city expense or is-
sue to him a permit for driveway
to his lot.
I do not agree with this inter-
pretation and, consequently, I
again request your consideration
of the matter.
Since the request was initiated
by the petitioner and for his bene-
fit, and since the project can only
be accomplished either by permit-
ting a drive to private property
located between park land parcels,
or by conducting the transaction
at city expense, T recommend that
the petition be denied.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the communication be tabled and
referred to the meeting od Decem-
ber 11th. Seconded by Councilman
Thorns. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter
Councilman Pregler moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoma.
Nays — None.
Aibsent -- Councilman Bitter.
Attorney Van Etten Addressed
the Council relative to land ac-
quisition for Mr. Meehan by stating
that the matter is just about one
year old and pleaded for some
action.
Mayor Moldenhauer' s weekly
Mayor's report dated November
2S, 1972 was presented for filing.
Mayor Moldenhauer moved that
the report be received and filed.
Seconded by Councilman J u s t'
mann. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — None.
Absent — Councilman Bitter.
Notice from Federal Communi-
cations in re the Application of
Teleprompter Cable Communica•
tions Corporation for certificate of
compliance to substitute a tele.
vision signal on an existing cable
television system serving Dubuque
and East Dubuque, presented and
read. Mayor Moldenhauer moved
that the notice be received and
filed. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer.
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter.
November 24, 1872
Honorable Mayor
and City Council
The City of Dubuque Planning
and Zoning Commission has held
a public hearing on a proposed
amendment to Ordinance No. 3.34,
enacting a new Section 2 of Ar-
ticle IV, thereof, establishing and
defining the uses permitted in a
Multiple Residence District.
The Commission has considered
that the effect of the amendment
is limited to a restriction on the
sale of material goods in premises
classified in the Multiple Resi-
dence District, according to pro.
visions of proposed subparagraphs
(j) and (k). In its study of this
amendment, the Commission deter-
mined that such a restriction has
no present or foreseeable applica-
tion to uses now permitted within
the Multiple Residence District in-
sofar as the Zoning Ordinance now
contains adequate safeguards
against unrestricted sales activi-
ties in this zoning district. The
Commission has also consider -d
that the principal thrust of the
amendment may be directed
against the establishment of medi-
cal office apothecaries in Multi-
ple Residence Districts.
The referral of this proposed
amendment indicates that the med-
ical office—apobhecary issue is still
unrTsolved. In this regard, the
Planning and Zoning Commission
N ishes to again express its unani•
Special Session, November 27, 1972
mous recommendation in favor of
permitting limited drug dispensing
activities in conjunction with medi-
cal office development.
In itis examination of this issue
over a period of three years, it
has been the jadgement of the
Commission that medical offices
and apothecaries could be estab-
lished in the vicinity of any of
the local hospitals without creating
a substantial hardship on the im-
mediate hospital neighborhoods or
on the community -at -large, a n d
that a significant public benefit
could be provided in this develop-
ment. The Commission has held
public hearings on and has ap-
proved two separate ordinance
amendments that would provide
for apothecary development under
controlled circumstances, and ur-
ges you to reconsider the adop-
tion of either of these prior pro-
posals.
In the matter of the proposed
amendment to subparagraphs (j)
and (k) of Section 2 of Article
W, it is the finding of the Com-
mission that this amendment
serves no essential purpose, and
it is recommended that you re-
ject this proposal.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Mayor Moldenhauer moved that
the communication be received and
filed. Seconded by Councilman
Justmann. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — None.
Absent — Councilman Bitter.
Jerome M. Fladoos addressed
the Council relative to his petition
presented at the Council meeting
of November 6th, for the use of
the Council Chamber on December
1, 1.972 to conduct a panel dis-
cussion of the Dubuque Freeway
proposal. Evidently through lack
of communication, and a fear on
the part of some members of the
Council, as to using the Chamber
for such a purpose Mr. Fladoos
was not sure that he had proper
permission. Councilman Justmann
moved that permission be granted
to Mr. Fladoos. Seconded by Ma-
yor Moldenhauer. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter.
ORDINANCE NO. 62-72
An ordinance amending and chang-
ing Ordinance No. 3.34 1!nown as
the "Zoning Map and Zoning Or-
dinance of the City of Dubuque,
Iowa" by repealing Section 2 of
Article IV thereof and enacting
a new Section in lieu thereof es-
tablishing and defining the uses
permitted in a Multiple Residence
District,
presented and read
Mayor Moldenhauer moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman J u s t -
mann. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Thorns,
Nays — Councilman Pregler.
Absent — Councilman Bitter.
Mayor Moldenhauer moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Second -ed by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Thorns.
Nays — Councilman Pregler.
Absent — Councilman Bitter.
Mayor Moldenhauer moved that
a public hearing be held on the
Ordinance on December 18, 1972
at 7:30 o'clock P.M. in the Council
Chamber at the City Hall and that
the City Clerk be instructed to
publish notice of the hearing in
the manner required by law. Se-
conded by Councilman Justmann.
Carried by the following vote:
Yeas -- Mayor Moldenhauer,
Councilmen Justmann, Thorns.
Nays — Councilman Pregler.
Absent — Councilman Bitter.
Notice of claim of James M.
Downey in the amount of 55918,
for car damage incurred as the
re-ult of said car being struck
by a city -owned garbage truck in
Special Session, November 27, 1972 545
the alley at W. Ilth street on
November 22, 1972, presented and
read. Mayor Moldenhauer moved
that the notice of claim b.- re
ferred to the City Solicitor for
investigation and report. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
'I homs.
Nays — None.
Absent — Councilman Bitter.
Petition of Linda M. Hindley et
al, residents of Lorimer Street,
requesting that the name of Lori-
mer street be changed to read
St. George Street, presented and
read. Councilman Thoms moved
that the petition be referred to
the Planning & Zoning Commis-
sion. Seconded by Councilman Just -
mann. Carried by the followinIg
vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — None.
Absent — Councilman Bitter.
Petition of Mrs. Veronica Strand-
berg., by Hal Reynolds attorney,
requesting rezoning of the property
at 2403 Central Ave. from Multiple
Residence District to Business Dis-
trict Classification, described as
Lot 2 of 2 of Lot 11 and Lot
I of 2 of Lot 1 t in Wullwebers
Sub., presented and read. Council-
man Thoms moved that the pe-
tition be referred to the Planning
& Zoning Commission. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — None.
Absent — Councilman Bitter.
Petition of Peoples Natural Gas
requesting permission to excavate
in W. 3rd street, near Burch street,
to repair gas leaks, presented and
read. Councilman Thoms moved
that the petition be granted. Se-
conded by Mayor 1ltoldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — None.
Absent — Councilmen Bitter.
November 24, 1972
Honorable Mayor
and Council
The Dubuque Planning and Zon-
ing Commission has examined the
Proposed final plat of Lots 1
through 3, inclusive, of Block 7
of "Thomas Farm Addition" in
the City of Dubuque, Iowa. The
Commission has determined that
this plat conforms to the approved
Preliminary plat of this area and
meets the requirements of the Sub-
division Ordinance. It is the re-
commendation of the Commission
that the plat be approved as sub-
mitted.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Pregler moved that
the communication be received and
filed. Seconded by Mayor Molden-
hauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler.
Thoms.
Nays — None.
Absent — Councilman Bitter.
RESOLUTION NO. 366.72
Resolution approving the plat of
Block 7 in "Thomas Farm Addi-
tion" in the City of Dubuque, Iowa
WHEREAS, there has been filed
with the City Clerk a plat of the
Subdivision to be known as Block
7 in "Thomas Farm Addition" in
the City of Dubuque, Iowa, by
Richard C. Henschel and Mildred
I.. Henschel; and
WHEREAS, upon said plat ap-
pear streets to be known as Valen-
tine Drive, together with certain
public utility easements which the
Owners by said plat have dedicated
to the public forever; and
WHEREAS, said plat has been
examined by the City Planninh
and Zoning Commission and had
its approval endorsed thereon; and
WHEREAS, said plat has been
examined by the City Council and
they find that the same conforms
to statutes and ordinances relating
thereto, except that street grades
have not been established, the
streets brought to grade, or paving,
sewer or water installed;
Special Session, November 27, 1972
NOW THEREFORE, BE IT RE.
:SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the dedications
of Valentine Drive together with
the easements for public utilities
as the same appear upon said
plat., be and the same are hereby
accepted;
Section 2. That the plat of Block
7 in "Thomas Farm Addition" in
the City of Dubuque, Iowa be
and the same is hereby approved
and the Mayor and City Clerk
are hereby authorized and direct-
ed to endorse the approval of the
City of Dubuque, Iowa, upon said
plat, provided the owners of said
property herein named, execute
their written acceptance hereto at-
tached agreeing:
a. To reduce all streets to grade
and to construct concrete curb and
gutter and to hard surface Valen-
tine Drive with bituminous con-
crete, or with concrete paving with
integral curb, all in accordance
with City of Dubuque standard spe-
cifications;
b. To install sanitary sewer
mains and sewer service laterals
in accordance with plans submitted
with the plat;
c. To install water mains and
water service laterals in accor-
dance with plans submitted with
the plat;
d. To install storm sewers and
catchbasins in accordance w i t h
plans submitted with the plat;
e. To install concrete sidewalks
as required by Ordinances, and
where directed by the City Engi-
neer and the City Manager;
I. To construct the foregoing im-
provements in accordance w i t h
plans and specifications approved
by the City Manager, under the
inspection of the City Engineer,
and in a manner approved by the
City Manager;
g. To maintain the foregoing im-
provements for a period of four
(4) years from the date of their
acceptance by the City of Dubuque,
Iowa;
h. To provide the foregoing con.
struction and maintenance at the
sole expense of the Subdivider, Ri-
chard C. Henschel and Mildred
L. Henschel, as owner;
i. To construct said improve-
ments, except sidewalks, prior to
December 1, 1974, and to construct
the sidewalks prior to December
1. 1976;
and further provided that s a i d
Richard C. Henschel and Mildred
L. Henschel as owner of said Sub-
division, secure the performance
of the foregoing conditions by pro-
viding security in such form and
with such sureties as may be ac-
ceptable to the City Manager.
Section 3. That in the event
Richard C. Henschel and Mildred
L. Henschel, shall fail to execute
the acceptance and furnish the se-
curity provided for in Section 2
hereof within 45 days after the
date of this Resolution, the pro-
visions hereof shall be null and
void and the acceptance of the
dedication and appreval of the plat
shall not be effective.
PASSED. ADOPTED AND AP.
PROVED by unamimous recorded
roll call this 27th day of Novem-
ber, A.D., 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF RESOLUTION
NO. 366-72
We, the undersigned Richard C.
Henschel & Mildred L. Henschel
having read the terms and condi-
tions of the foregoing Resolution
No. 366-72 and being familiar with
the conditions thereof, hereby ac-
cept the same and agree to per-
form the conditions required there-
in.
Dated at Dubuque, Iowa, this
27th day of November, 1972.
s Richard C. Henschel
s Mildred L. Henschel
TO;
Leo F. Frommelt
City Clerk
This is to certify that the se-
curity provided by the foregoing
RESOLUTION NO. 366.72 has been
furnished by the owners.
Dated at Dubuque, Iowa, this
21st day of December, 1972.
Gilbert D. Chavenelle
City Manager
Special Session, November 27,
Councilman Pregler moved adop.
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter
RESOLUTION NO. 367-72
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ci.
garettes within the City of Du-
buque, Iowa, be granted a permit
to sell Cigarettes and Cigarette
Papers within said City.
Burger King x"1100, 1350 J. F.
Kennedy Road
BE IT FURTHER RESOLVED
that the bonds filed with the ap.
plication be approved.
Passed, adopted and approved
this 27th day of November, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Moldenhauer moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent -- Councilman Bitter
RESOLUTION NO. 368-72
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 oQ 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
Goth General Assembly, 1971,
1972 547
C' 4cS "C" (COMMERCIAL)
SEER A LIQUOR LICENSE
Raphael William Grant, 3050 As.
bury Road
Richard J. Hantelmann, 942 Main
Street
Passed, adopted and approved
this 27th day of November, 1572.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Moldenhauer moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter.
RESOLUTION NO. 369-72
WHEREAS, applications for Li.
quor licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the State Law and all City ordi-
nances relevant thereto and they
have idled 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
Raphael William Grant, 3050 As-
bury Road
Richard J. HaTAelmann, 902 Main
Street
Passed, adopted and approved
this 27th day of November, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
548 Special Session, November 27, 1972
Mayor Moldenhauer moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays — None.
Absent — Councilman Bitter.
At 10:30 P.M. Mayor Molden-
hauer moved to go into an execu-
tive session to discuss a staff re-
port on wages for the Operating
Engineers, also to consider a re
newal of a beer and liquor li-
cense as the result of a recom-
mendation submitted by the Police
Chief, also to consider members
to various Boards and Commis-
sions. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter.
Council reconvened in regular
session at 11:28 P.M.
Councilman Pregler moved that
the application for renewal for s
combination beer and liquor l i
cense as submitted by Clara I.
Johnson be denied. Seconded b3
Mayor Moldenhauer. Vote on th(
motion was as follows:
Yeas — Mayor Moldenhauer
Councilman Pregler.
Nays — Councilmen Justmann
Thorns.
Absent — Councilman Bitter.
Mayor Moldenhauer submitte,
the names of Daniel E. Welu a
an appointment to the Police Fir
Pension and Retirement Board t
fill the unexpired term of N. J
Greteman to 4-1-74 and Williar.
McEllhiney to Dock Commissio
for a three year term to 11-26-7
to replace Joseph Voelker.
Councilman Pregler moved rat
fication of the appointments. SE
conded by Councilman Justmant
Carried by the following vote:
Yeas — Mayor Moldenhauej
Councilman Justmann, Pregle
Thorns.
Nays — None.
Absent Councilman Bitter.
There being no further business
Councilman Thorns moved to ad-
journ. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns.
Nays — None.
Absent — Councilman Bitter.
Leo F. Frommelt
City Clerk
February 12,s,,,.,
Regular Session, December 4, 1972 y}g
CITY COUNCIL
OFFICIAL
Regular Session, December 4,
1972.
Council met at 7:30 P.M. (C.S.T.)
Present -Mayor M o I denhauer,
Councilmen Bitter, Justmann, Pre.
gler, Thoms. City Manager Gilbert
D. Chavenelle.
Mayor Moldenhauer read the call
and Mated that service thereof had
been duly made and this meeting
is the Regular Monthly Meeting
called for the purpose of acting
upon such business as may proper-
ly come before the meeting.
Communication of Low Rent
Housing submitting minutes of
their meeting of November 21. 1972
presented and read. Councilman
Pregler moved that the commun.
ication be received and filed. Se.
conded by Councilman Bitter. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r. Justmann,
Pregler, Thoms.
Nays—None.
Communication of C o u n cilman
Justmann suggesting development
of strategy for development of the
4th and 6th street extension areas
and recommending coordinated de-
velopment of the area to be soli-
cited from the private and public
sector, Presented and read. Coun-
ci'man Thoms moved that the com-
munication be. referred to the Man-
ager for a report and -or implemen-
tation. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Preg!er, Thoms.
Nays—None.
Communication of Geo. R. Bur.
den expressing a desire for the
preservation of the City Hall and
if the architects find remodeling
feasible he would be in favor of
the building being occupied by the
City, presented and read. Council-
man Pregler moved that the com-
munication be received and filed.
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen It i t t e r, Justmann,
Pregler, Thoms.
Nays ---None,
Communication of hey City Nen•s
Media Assn. refusing acceptance
of offer to seat a news perso:r
on the police handbook task force,
Presented and read. Councilman
Bitter moved that the communi-
cation be received and filed. Sec•
onded by Councilman Pregler. Car-
ried by the following vote:
Peas — Mayor Moldenhauer,
^,ounci!men B i t t e r, Justmann
Pregler, Thoms.
Nays—None.
Communication of Captains of
the Dubuque Police Department
declining membership on the Tash
Force in regard to the Manager'
suggested Handbook which in their
opinion is duplication of policies
now in edfeet, presented and read.
Counei'man Bitter moved that the
communication be receivers and fil.
ed. Seconded by Councilman Just.
mann. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays— None.
Communication of Dubuque Park
Board and Recreation Commission
recommending approval of option
to purchase of 33 acres of land
known as the Reed property lo-
cated on the old Bellevue Road.
near Metropolitan Heights, for fu-
ture expansion, all in agreement
with trustees of E. B. Lyons estate.
presented and read. Mayor Molden-
hauer moved that the rules he
suspended in order to let anyone
present address the Council if so
desire. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays—None.
Park Board Commissioner Tho
mas G. Schrup addressed the Coun
cil as being in favor of acquiring -
the property on the Old Bellevue
Road, known as the Reed property
Mr. Edwin Lee Lyons showed film
of the ,property. Councilman Bitter
moved that the communication of
the Park Board be, received and
filed and voice approval be given
on the option to purchase the Reed
Property and the Mayor be author-
ized
uthorized to 4gri. Seconded by council-
550 Regular Session, December 4, 1972
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Counciimen B i t t e r, Justmann.
Pregler, Thom.
Nays—None.
December 1, 1972
Mayor and Member of City Counci'
Enclosed is the official commu-
nication from Mr. George B. Hart
zog, Jr., the Director of the Na
tional Park Service, advising that
the Orpheum Theatre and Site has
been entered in the National Re-
sister of Historic Places.
We would suggest that this corn
munication be received, filed and
made a matter of record.
A copy of this communication
is also being provided the Dubu-
que County Historical Society.
Gilbert D. C}havenelle
City Manager
The Director of the National
Park Service George B. Hartzog,
Jr. is pleased to inform you that
the historic property listed on the
enclosed sheet has been nominated
by the State Liaison Officer respon-
sible for your State's impiemen
talion of the National Historic Pre-
servation Act of 1966, P. L. 89-665
t80 Stat. 915), as amended. It has
accordingly been entered in the
National Register of Historic Plac-
e. A leaflet explaining th^ Nation -
A Register is enclosed for your
information and convenience.
Entries in the National Register
State Iowa
Date Entered Nov 14, 1972
Name Orpheum Theatre and
Site Location, Dubuque, Dubuque
County.
Also Notified
Hon. Jack R. Miller.
Hon. Harold E. Hughes.
Hon. John C. Culver.
Councilman Pregler moved that
the communication be received and
filed and made a matter of record.
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
November 30, 1972
To the Honorable Mayor
and City Concil,
Ths is to advise hat 1 have ap-
proved the following bonds and
desire to have your approval on
same.
PUBLIC OFFICIAL BOND
Gerald Bird, The Ohio Casualty In
surance Company
James N. Clark, H,awke:yeSecurity
Insurance Company
Gilbert D. Cbavenelle
City Manager
Councilman Rregler moved that
the bonds be filed subject to ap-
proval of the City Attorney. Se-
conded by Councilman Bitter. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, Thorns.
Nays — None.
November 28, 1972
Honorable Mayor
and City Council
I have appointed Mr. James C.
Davis to the Plumbing Board for
a term of five years beginning
November 2nd, 1972.
Mr. Davis represents the Jour-
neyman Plumbers and he comple-
ted his first term on the Board
November 2nd.
I request your approval of the
appointment of Mr. Davis.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved ap.
proval of the recommendation. Se-
conded by Councilman Bitter. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer.
Councilman B i t t e r, Justmann,
Pregler, T'homs.
Nays — None.
November 29. 1972
Honorable Mayor
and City Council
On November 17, 1972, Vincent
J. Bayes of RR *1, Peosta, Iowa
filed claim against the City of
Dubuque, Iowa in the amount of
$226.09 and alleging said damages
occurred to his motor vehicle on
November 9, 1972 as the result
of striking a hole in the street
at the entrance of the A & P
Store and Asbury Road.
The matter was referred to the
City Attorney and I have made
an investigation of said claim and
have consulted with the street
Commissioner and find no action-
able negligence on the part of the
Regular Session, December 4, 1972
- -- 551
City and in view of the foregoing
it is the recommendation of the
City Attorney that the claim of
Vincent J. Hayes be denied.
Original claim is returned here.
with.
R. N. Russo
City Attorney
Mayor Moldenhauer movedap.
proval of the recommendation. Se-
conded by Councilman Bitter. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen 13 i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
Proof of Publication, certified to
by the Publisher, of Notice of time
and place of hearing to consider
a proposal to vacate and dispose
of an alley lying between 16t'h and
17th streets and Elm and Pine
Streets to Metz Manufacturing
Company, in the amount of $2500,
and relocation of a sanitary sewer
to the northerly side of 17th street
to sanitary sewer in Elm Street,
presented and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the
time set for the hearing.
Councilman Pregler moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Bitter. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
ORDINANCE NO. 51.12
An Ordinance for sale and vacation
of alley lying between 16th and
17th Streets and Elm and Pine
Streets in the City of Dubuque,
Iowa
said Ordinance having been pre-
viously presented and read at the
Council meeting of November 6,
1972, presented for final adoption.
WHEREAS, Metz Manufacturing
Company, Dubuque, Iowa has pe-
titioned the City Council for the
vacation of an alley lying between
16th and 17th1 Streets and Elm
and Pine Streets in the City of
Dubuque, Iowa and for the pur-
cha e of said vacated alley by
Metz ManufactAiring Company; and
WHEREAS, the City Council of
the City of Dubuque, Iowa deter-
mines that said ailey should be
vacated and disposition of same
to the petitioners should be ap-
proved subject W the terms and
conditions hereinafter set out:
NOW THEREFORE BE 1T OR.
DAINED BY TH,E CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section I. That the alley lying
between 16th and 17th Streets and
Elm and Pine Streets in the City
of Dubuque, Iowa be and the same
is hereby vacated, and the sale
thereof to Metz Manufacturing
Company be and the same is here.
by approved.
Section 2. That the City Clerk
publish notice of intent to dispose
of said alley to Metz Manufacturing
Company for the sum of Two Thou.
sand Five Hundred ($2,500.00) Dol.
lars and costs of publication and
relocation of sanitary sewer from
its present location to the northerly
side of 17th Street to the sanitary
sewer in Elm Street and which
shall be done by Metz Manufac-
turing Company at its expense in
accordance with plans approved
by the City Manager and under
the direction of the City Engineer.
Passed, approved and adopted
this 4th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest
Leo F. Frommelt
City Clerk
Published officially in the Tele-
graph Herald Newspaper this 25th
day of January, 1973.
Leo F. Frommelt
City Clerk
Councilman Pregler moved final
adoption of the Ordinance. Second-
ed by Councilman Bitter. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 370.72
WHEREAS, pursuant to resolu-
tion of published notice of time
and place of hearing published in
the Telegraph -Herald, a newspaper
552 Regular Session, December 4, 1.972
of general circulation published in
the City of Dubuque, Iowa on No-
vember 9, 1972 and November 16,
1972, City Council of City of Du-
buque, Iowa, met on the 4th day
of December, 1972, at 7:30 o'clock
P.M. (Central Standard Time) in
the City Council chambers, City
Hall, Dubuque, Iowa, to consider
the proposal to dispose of interest
of the City of Dubuque, Iowa to
a vacated alley lying between 16th
and 17th Streets and Elm and Pine
Streets in the City of Dubuque,
Iowa to Metz Manufacturing Com-
pany; and
WHEREAS, City Council of Du-
buque, Iowa, overruled any and
all objections, oral or written to
the proposal to dispose of interest
of City of Dubuque, Iowa, in the
above described real estate to Metz
Manufacturing Company.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the disposal of
interest of City of Dubuque, Iowa
in real estate being a vacated alley
lying between 16th and 17th Streets
and Elm and Pine Streets in the
City of Dubuque to Metz Manu-
facturing Company be and the
same is hereby approved upon pay-
ment by Metz Manufacturing Com-
pnay of the sum of $2,500,00, of
costs of publication, and recording
fees and relocation of sanitary se-
wer from its present location to
the northerly side of 17th Street
to the sanitary sewer in Elm Street
and which shall be done by Metz
Manufacturing Coampany at its ex-
pense and in accordance: with plans
approved by the City Manager and
under the direction of the City
Engineer, and that no abstract will
be furnished. The Mayor and City
Clerk are hereby directed to exe-
cute said deed on behalf of City
of Dubuque.
Section 2. That the City Clerk
be and he is hereby authorized
and directed to deliver deed of
conveyance to the Metz Manufac-
turing Company upon receipt of
purchase price of $2,500.04, publi-
cation costs, recording fees and
evidence of the completion to the
satisfaction of the City Manager
and the City Engineer of the re-
location of the sanitary sewer as
above outlined.
Section 3. Thai the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resolution in the of-
fice of the Dubuque County Re-
corder.
Passed, approved and adopted
this 4th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thorns. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pre.aler, Thorns.
Nays — None.
An ordinance amending Ordinance
No. 48.70 by repealing Section 5
thereof and enacting a new Sec-
tion 5 in lieu thereof to provide
that members of the Plumbing
Board shall be paid $5.00 per month
presented and read.
Councilman Justmann moved
that compensation be disallowed
until other Boards and Commis-
sions are reviewed. Seconded by
Mayor Moldenhauer. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Nays — Councilman Thorns,
Abstain — Councilman Pregler.
Mayor Moldenhauer moved that
the proposed Ordinance be referred
to the Advisory Commission for
investigation and report. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
ORDINANCE NO. 63.72
An ordinance amending and chang.
ing Ordinance No. 3-34 known as
the "Zoning Map and Zoning Or-
dinance of the City of Dubuque,
Iowa" so as to change certain
property hereinafter described
from "Single Family Residence
Regular Session, December 4, 1972
District' classification to "Multiple
Residence District" classification,
(Sisters of St. Francis),
presented and read.
Councilman Bitter moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Councilman Bitter moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council-
man Pregler. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Councilman Bitter moved that
a public hearing be held on the
Ordinance on January 2, 1973 at
7:30 P.M. in the Council Chamber
at the City Hall and that the City
Clerk be instructed to publish no-
tice of the hearing in the manner
required by law. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r. Justmann,
Pregler, Thorns.
Nays — None.
Petition of C. J. Danglemeyer
et al (34 signers) expressing a
desire that the City Hall be main-
tained and remodeled to suit the
City's present needs in its pre•
sent location, presented and read.
Councilman Justmann moved that
the petition be received and filed.
Seconded by Councilman Bitter.
Carried by the following vote:
yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Petition of Richard Ifillard re-
questing a refund of ;50 on the
unexpired portion of cigarette li-
cense No. '249, as he has discon
tinued business on Nov. 20, 1972,
presented and read. Councilman
Bitter moved that the petition b
granted and the Auditor instruct
to issue proper warrant. Seconded
by Councilman Pregler. Carried
553
by the following vote:
Peas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns,
Nays — None.
Proof of Publication, certified to
by the Publisher, of notice of levy
and intention of the Council to
issue bonds to pay for cost of
construction of 1972 Asphalt Pav-
fng Project No. 1, Dubuque Flood -
wall streets; Eagle Point Park
Roadway; Hillcrest Road from the
W.P.L. of Carter Road to W.P.L.
of I.ot 10 Block 11 of Hillcrest
Heights; John F. Kennedy road
widening lanes at Pennsylvania
Avenue; presented and read.
No written objections were filed
and no objectors were present in
the Council Chamber at the time
set for the public hearing.
Councilman Bitter moved that
the proof of publication be re-
ceived and filed. Seconded by Ma-
yor !Moldenhauer. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Statement of City Clerk that no-
tices of public hearing were mailed
by certified mail to property own-
ers of record subject to assess•
ment to pay for cost of construct-
ing City of Dubuque 1972 Asphalt
Paving Project No. 1, Mllcrest
Road only, on November 7, 1972,
presented and read. Councilman
Bitter moved that the statement
be received and filed. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Statement of Ray Rampson, a
member of the Engineering de-
partment, certifying that notices
of levy of assessment were post-
ed in the assessable area of 1972
Asphalt Paving Project No. 1 on
November 13, 1972 presented and
read. Councilman Bitter moved
that the statement received an
filed. Seconded by
Mayor
haver. Carried by the following
vote:
e Yeas — Mayor Moldenhauer,
ed Councilmen Bitter, Justmann,
Pregler, To
NaysNone.
Regular Session, December 4, 1972
RESOLUTION NO. 371.72
SCHEDULE OF ASSESSMENTS
RESOLVED by the City Council
of the City of Dubuque, Iowa: That
to pay for City of Dubuque 1972
Asphalt Paving Project No. 1 Ex-
cept University Ave., by Tri-State
Paving Co. contractor in front of
and adjoirding the same, a special
tax be and is hereby levied on
the several lots, and parts of lots.
and parcels of real estate all as
named, situated and owned, and
for the several amounts set oppo
site each lot or parcel of real
estate, as set forth in the follow.
ing schedule:
CITY OF DUBUQUE
1972
ASPHALT PAVING
PROJECT NO. 1
EXCEPT UNIVERSITY AVENUE
Total Construction cost $114,-
540.08.
City share, $113,109.26.
Assessable amount, $1,430.82.
15 percent engineering expense
$214.62.
5 percent interest -52 days $10.33.
Total assessable amount $1,655.77
Asphalt paving, Hillcrest Road W.
P.L. Carter Road to W.P.L. Lot
10, Block 11 Hillcrest Heights.
David P. and Judflth A. Wieder-
hold, 5, Hillcrest Heights -111k. #13.
$5.77.
Vilas A. and Phyllis E. Seipp,
4, Hillcrest Heights -111k. #13, $31,84
Bessie G. Galliart, 3, Iiillcrest
lleights-Blk. #13, $59.74
Olie M. Jr. and Lavohn 0. Blac-
korby, 2, Hillerest Heights-Blk. #-
13, $164.90.
William and Lorrahne Von Fu-
metti, 1, Hillcrest Heights -131k. #
13, $565.54
Allen E. and Ruth R. Stoffregan,
10, Hillcrest Heights-Blk. #11,
$562.05.
Loe W. Jr. and Barbara Ann
Kuepe,r, 9, Iiillcrest Heights -nut.
#11, $169.41.
Oscar E. and Donna M. Brug-
geman, 8, Hillcrest Heights -111k. #-
11, $51.34.
John and Joan Anstoetter, 7, Hill-
crest Heights -131k. #11, $45.18
Total, $1,655,77.
137 cu. yds. Excavation (unclass-
ified) at $1.50 $205.50.
40,15 tons Asphalt Binder Course
at $13.75 $552.06.
42.95 tons Asphalt Surface Course
at $13.75 $590.56.
10o gals. Prlime Coat MC -70 at
$0.32 $32.00.
13 tons !W' Stabilized Rolled
Stone Base at $3.90 $50.70.
054.25 lin. ft. Curb and Gutter
Removal at $1.00 $54.25.
"54.25 lin. ft. Combination Curb
& Gutter -Type "A" at $3.90 $211.58.
Total Con,truction Cost, $1,696.65
"Less City Share $265.83.
Assessable Amount $1,430.82.
15% Engineering E x p e n s e
$214.62.
5 percent Interest -52 days $10.33
Total Assessable Amount $1,655.-
77.
All of which is assessed in propor-
tion to the special benefits con.
ferred.
Passed,
adopted and approved
this 4th
day of December 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thomis
C. Robert Justmann
Joseph J. Butter
Councilmen
Attest:
Leo F. Frommelt
City
Clerk.
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays—None.
Proof of Publication, certified to
by the Publisher, of notice of public
heating to consider a proposal to
authorize the issuance of street
improvements bonds to pay for
assessed cost of constructing City
of Dubuque 1972 Asphalt Paving
Project No. 1 except University
Avenue, presented and read.
Councilman Bitter moved that
the proof' of publication be received
and filed. Seconded by Mayor Mol-
denhauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B d t t e r, Justmann,
Pregler, 'Moms.
Nays—none.
Regular Session, December 4, 1972
RESOLUTION NO. 37272
Resolution providing for the is.
seance of street improvement
bonds for the purpose of providing
for the payment of the assessed
cost of city of Dubuque 1972 as.
phalt paving proiect no. 1 (except
University Avenue).
Wheras the contract heretofore
entered into by the City of Du.
buque, Iowa, for the improvements
hereinafter described has been
completed and the City Manager
has certified the completion thereof
to the City Council and the City
Council has ascertained the cost
thereof and has determined that
51,655.77 dollars of the cost thereof
shall be assessed against the pro-
perty subject to assessment there.
for: and
Whereas pt0bl'ic notice, as pro-
vided by law. has been published
by the City Clerk stating the inten-
ti cn of the City Councii to issue
bonds for the purpose of providing
for the payment of the assessed
cost of said improvement and a
public hearing has been held, pur-
suant to such notice and all ob-
jections made thereto have been
considered and determined;
NOW 1117FREFORE BE IT RE-
SOLVED by the City Council of
the Cit of Dubuque:
1. That to provide for the pay-
ment of the assessed cost of City
of Dubuque 1972 Asphalt Paving
Project No. 1. (except University
Avenue). There shall be issued
street improvement bonds in the
amount of $1,500.00 dollars in an-
ticipation of the deferred payment
of assessments levied for such irn-
provement.
2. Such bonds shall be called
street improvement bonds; and
shall bear the date of January
4, 1973 and shall be numbered
consecutively; and they shall be
numbered, diOded into series, and
be in such denominations and for
such maturity dates as are shown
in the following table:
Series No. 8, Bond No. 1, De.
nomination $500.00, Maturity April,
1, 1980.
Series No 9, Bond No. 2, De.
nomination $500.00, Maturity April
1, 1981.
Sorties No. lo, Bond No 3, De-
nomination $500.00, Maturity April
1. 19W21
555
3. Said bonds shall bear interest
at the rate of six per cent per
annum, payable annually in accor-
dance with coupons thereto
attached:
C Said bonds shall not make
ule City of Dubuque liable in any
way, except for the application
of said special assessemrt funds.
5. Said bonds shall provide that
they may be payable at any time
prior to the maturity date stated
therein at the option of the City
of Dubuque and shall be in sub-
stantially the following form:
CITY OF DUBUQUE
Street Improvement Bond
The City of Dubuque in the State
of Iowa promises to pay as here.
inafter mentioned to the bearer
hereof, the sum of five hundred
dollars a7th interest thereon at
the rate of srx percent per annum,
payakhle annually, on the presen-
tation and surrender of the interest
coupons hereto attached. Both prin-
cipal and interest of this bond
are payable at the office of the
City Treasurer in the City of Du-
buque, in the State of Iowa. This
bond is issued by the City of Du-
buque under and by virtue of Chap-
ter 396 of the 19.54 Code of Iowa,
as amended, and the Resolution
of sard City duly passed on the
4th day of December 1972, being
Resolution No. 372-72.
This Bond is one of a series
of 3 bonds, all for $500.00 numbered
from 1 through 3 all of like tenor
and date, and issued for the pur-
pose of providing for the deferred
payment of assessments levied for
the City of Dubuque Asphalt Pay.
ing Project No. 1 (except Univer-
sity Avenue.).
as described in said Resolution,
in said City, which cost is payable
by the abutting and adjacent pro-
perty along sad improvements and
is made by law a hen on all
of said property. It is payable
only out of the Special Assessment
Fund 1894 created by the collection
of said special tax, and said fund
can be used for no other purpose.
It is hereby certified and recited
that all the acts, conditions and
things required to be done, pre-
cedent to and in issuing this series
of bonds, have been done, hap-
pened, and performed, in regualr
and due form, as required by law
558 Regular Session, December 4, 1972
and said Resolution, and for the
assessment, collection and p a y-
ment hereon of said special tax,
the full faith and diligence of said
City of Dubuque are hereby irr-
evocably pledged.
IN TESTIMONY WHEREOF the
City of Dubuque by its Council
has caused thins bond to be signed
by its Mayor and countersigned
by its City Clerk and the Seal
of said City to be thereto affixed,
this 4th day of December 1972.
Mayor
(SEAL)
City Clerk
( Form of Coupon)
On the day of
the City of Dubuque, Iowa, pro-
mises to pay to the bearer, as
provided in said bond, the sum
of Dollars, in the office
of the City Treasurer in the City
of Dubuque, being months'
interest due that date on its
Bond No. dated
Mayor
City Clerk
6. That the Mayor and City Clerk
be and they are hereby insiruc;ed
to cause said bonds to be prepared
and when so prepared to execute
said bonds and that the City Clerk
be and he is hereby instructed
to register said bonds in a book
kept for that purpose and to then
deliver them to the City Treasurer.
7. That the City Treasurer is
hereby instructed to sell said bond,
in the manner provided by law,
the proceeds of said sale to be
placed in a special fund to be
known as Special Assessment Fund
1294 and paid out by him to pay
the cost of said contract.
8. That the interest coupons at-
tached to the bonds be signed with
the facsimile signature of the May-
or and countersigned with the fac-
simile signature of the City Clerk.
9. That as fast as funds allow,
beginning with the second year
after the payment of interest due,
these bonds shall be called and
retired in the same order as num-
bered. The notice of election to
call these bonds shall be given
by Regular United States Mail ad-
dressed to the last known addreis
of the purchaser.
10. Passed, adopted and approv
ed this 4th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
December 4, 1972
To the Honorable Mayor
and City Council
This is to advise you that the
City of Dubuque 1972 Concrete Pav
ing with Integral Curb Project No.
1 — Grandview Avenue from the
W.P.L. of Southern Avenue to the
S.P.L. of Whelan Street has been
completed in accordance with the
City of Dubuque plans and specifi-
cations with the exception of shop
ing the Islands, and sodding the
remaining east side and Islands.
An appropriate amount to cover
these items will be withheld unW
these items are completed by Nau-
man Nursery next spring at ou
bid price.
On these conditions, I recom
mend the acceptance of the above
named project.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved ap-
proval of the recommendation. Se-
conded by Councilman Bitter. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann.
Pregler, Thorns.
Nays — None.
Final Estimate
RESOLUTION NO. 373.72
WHEREAS, the contract for the
City of Dubuque 1972.Concrete Pav-
ing with Integral Curb Project No.
1 — Grandview Avenue from the
W.P.L. of Southern Ave. to the
S.P.L. of Whelan Street has been
completed and the City Engineer
Regular Session, December 4, 1972 557
has submitted his final estimatf..
shoes ing the cost thereof including
the cost of estimates notices, in. i
spection, and preparing the asses.
ment and plat, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve
mcnt is hereby determined to be
$448,594.14.
That $151,001.00 of the cost there
of shall be assessable upon pri-
vate property and $297,5.93.11 shall
be paid from the Road Use tax
Fund of the City of Dubuque.
Passed, adopted and approved
this 4th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest.
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Counc.ilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
(A Resolution Accepting
Improvement and Directing the
Clerk to Publish Notice.)
RESOLUTION NO. 374.72
WHEREAS, the contract for the
City of Dubuque 1972 Concrete Pav
ing with Integral Curb Project No.
1 — Grandview Avenue from the
W.P.L. of Southern Avenue to the
S.P.L. of Whelan St. has been com-
pleted and the City Manager has
examined the work and filed his
certificate stating that the same
has been completed according to
the terms of the contract, plans
and specifications and recommend,
its acceptance, now therefore,
BE IT RES&VED, bythe e,
Council of the City of
that the recommendation of th
City Manager be approved and
that said improvement be and the
same is hereby accepted and the
City Engineer be and is he,
directed to prepare a plat and
schedule showing the lots or p;
cels of real estate subject to as-
sessment for said improvement
and fide the same in the of"C'
of the City Clerk subject to public
inspection and said Clerk snali
upon receipt of such plat and ache.
dole publish the notice of the Coun.
cil's intention to levy special as-
sessments therefor, as required by
law.
BE 1T FURT4iER RESOLVED,
that the City Treasurer be and
he is hereby directed to pay to
the contractor from the funds to
be realized from the sale of street
improvement bonds issued upo,
the above described improvement
in amount equal to the amount
of his contract, less any retained
percentage provided for therein.
Passed, adopted and approved
this 4th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Hitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Jusimann,
Pregler, Thoms.
Nays — None.
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays — None.
RESOLUTION N0. 375-72
Approving official budget report
of Municipality for Municipal
Streets and Parking for 1973.
WHEREAS, an official budget
report of the City of Dubuque for
Mumcfpal Streets and Parking for
the year beginning January 1, 1973
and ending e r3acco dance'
1973, has
been duly prepared ill
with Chapter 312.13, Road Use Tax
Fund, Code of Iowa 1971, and
sub-
mitted to this Council for approval.
and
WHF.RFAS this Council has exa-
mined the "Official Budget Re-
port of the City of Dubuque, Iowa
for Municipal Streets Parldng
558 Regular Session, December 4, 1972
from January 1, 1973 to December
31, 1973" wherein the Distribution
of receipts and expenditures are
shown.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That the official Budget Report
of the City of Dubuque for Mu-
nicipal Streets and Parking for
the year beginning January 1,
1973 and ending December 31, 1973,
be and the same is hereby ap-
proved.
Passed, adopted and approved
this 4th day of December 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann
Pregler, Thoms.
Nays --None.
Proof of Publication, certified to
by the Publ`.sher, of notice to con-
tractors of the receipt of proposals
for the construction of Asbury Park
Subdivision Sanitary sewer 1972,
presented and read. Councilman
Pregler moved that the proof of
publication be received and filed.
Seconded by Councilman Thoms.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
December 1, 1972
To the Honorable Mayor
and City Councel
Persuant to your instructions,
sealed proposal's were received un-
til 10:00 a.m., Friday December
1, 1972 for the Asbury Park Sub-
division Sanitary Sever — 1972.
The lowest bid was entered by
Tschiggfrie Excavating of Dubu-
que, Iowa. Their bid was 3.1%
under Engineer's esthmate.
I recommend that the contract
for this improvement be awarded
to the Tschiggffrle Excavating Com-
pany.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved ap-
proval of the recommendation. Se-
conded by Councilman Thoms. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
(Awarding Contract)
RESOLUTION NO. 376-72
WHEREAS, sealed proposals
have been submitted by contrac-
tors for the Asbury Park Subdi-
vision Sanitary Sewer -- 1972 pur-
suant to Resolution No. 351-72 and
notice to bidders published in a
newspaper published in said Cit}
on November 15, 1972 and Novem-
her 22, 1972, and
WHEREAS, said sealed propo-
,als were opened and read on De-
cember 1, 1972, and it has been
determined that the bid of Tschigg-
fAe Excavating of Dubuque, Iowa
in the amount of $11,325.10 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 therefore,
BE IT RESOLVED by the City
Council orf the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to TschiggfAe Excavating and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City 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.
Passed and adopted this 4th day
of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Counctilmen
Attest:
Leo F. Frommelt
City Clerk
Regular Session, December 4, 19772 559
Councilman Pregler moved adop-
this Councl for aproval and the
tion of the resolution. Seconded
same have been examined; NOW
by Councilman Thoms. Carried by
THEREFORE,
the following vote.
BE IT RESOLVED by the City
Yeas — Mayor Moldenhauer,
Council of the City of Dubuque,
Councilmen B i t t e r, Justmann,
Io a, that the following applica-
Pregler, Thoms.
tions be granted and permits i -
Nays — None.
sued upon the compliance with the
Proof of Publication, certified to
terms of the ordinances of the
City.
by the Publisher, of Notice to bid
ders in behalf of Dubuque County,
CLASS "C" BEER PERMIT
Dubuque Community School Dis-
William John Lynn, 424 West Lo-
tricts of Dubuque and JaAson
Counties and the City of Dubuque.
cust Street
Osco Drug, Inc., 703 Main Street
for the joint purchasing of Baso-
Lucky Stores, Inc., 200 S. Locust
line, Diesel Fuel, Heating O i 1.
Various lubricants, Light and hea-
Street
Passed, adopted and approved
vy duty tires, presented and read
this 4th day of December, 1972.
Wayne A. Moldenhauer
Councilman Pregler moved that
Mayor
the proof of publication be r e
Walter A. Pregler
ceived and filed. Seconded by Ma-
Allan T. Thoms
vor Moldenhauer. Carried by th
C. Robert Justmann
following vote:
Yeas — Mayor Moldenhauer,
Joseph J. Bitter
Councilmen Bitter, Justmann,
Councilmen
Attest:
Pregler, Thoms.
Leo F. rommelt
Nays — None.
City Clerk
Proof of Publication, certified
Councilman Pregler moved adop
by the Publisher, for invitation fol
tion of the resolution. Seconded
bids for a three year lease of
Buildin
by Councilman Bitter. Carried by
the former City Garage
at the corner of 14th & Elm Street
the follo ing vote:
Mayor Moldenhauer,
WAS' of
and described as the W
Yeas xi
Councilmen B i t t e r, Justmann,
l.ut 212 and Lot 213 and Lots 190
Pregler, Thorax.
and 191 of East Dubuque Addn.
ogle —None.
— None.
in the City of Dubuque, present-
Rs NO. 578.74
ed and read.
Mayor Moldenhauer moved that
WHEREAS, applications for Beer
the proof of publication be r v
permits were filed by the within
they have
ceived and !fled. Seconded by
Pregler. Carried b>
named applicants and
received the approval of this Coun
Councilman
the following vote:
Moldenhauer.
cil; and
WHEREAS, the premises to be
Yeas — Mayor
Councilmen Bitter, Justmann,
occupied by such app
licantsPregler,
inspected and found to comply will;
Thoms.
the ordinances of this City and
Nays — None.
they have filed propel bonds;
Two bids were received one fru'
NOW THEREFORE
Counci E IT RE -
Louis bfihalakis of Dubuque Di,
L.
LM y t
posal Co. and one from
the City of Dubuque, Iowa, that
Whalen.
Councilman Pregler moved that the Manager be authorize to caul
to the foUowing named
the bids be held in abeyance fol
licants a Beerd permit.
thirty days, subject to City Mana
by Council
aPP
CLASS "C" BEER PERMIT
ger's report. Seconded
Carried by the fu
William John Lynn, 424 West Lo.
man Thoms.
lowing vote:
cost Street
Osco Inc., TOCi Main Street
70300
Yeas — Mayor Muldenhau:
Justmann.
Lucky ores, 5. Locust
Councilmen Bitter,
Pregler, Thoms.
teet
IT FURTHER RESOLVED
Nays — None.
BE
that the bonds filed by such appli-
RESOLUTION NO. 377.71
be and the same. are hereb,
WHEREAS, applications for Beer can
itted to approved.
permit; have been subm
Regular Session, December 4, 1972
Passed, adopted and approved
this 4th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Athan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest.
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop.
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 374-72
WHEREAS, applications for Li-
quor licenses have been .submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and licenses issued upon the
compliance with the terms of the
IOWA LIQUOR OONTROL ACT—
CHAPTER 131—as amended by the
64th General Assembly, 1971.
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
Beverly A. Glynn, 1121 University
Avenue
Shirley Mihalakis, 574 East 16th
Street
Benevolent & Protective Order of
Elks, #297 7th & Locust Street
Gerald E. Miller, Jr., 2417 Mom -
berg Avenue
Lorraine Gordon, 2327 Central Ave-
nue
Passed, adopted and approved
this 4th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Butter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 380-72
WHEREAS, applications for Li
quor licenses were filed by the
with'n named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the State Law and all City or-
dinances 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 issued
to the following named applficants
a liquor license.
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
Beverly A. Glynn, 1121 University
Avenue
Shirley Mihal.akis, 574 East 16th
Street
Benevolent & Protective Order of
Elks #297, 7th & Locust Street
Gerald E. Miller, Jr., 2417 Rham-
berg Avenue
Lorraine Gordon, 2327 Central Ave-
nue
Passed, adopted and approved
this 4th day of December, 1972
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolutfion. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 381-72
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
Regular Session, December 4, 1972 561
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
84th General Assembly, 1971.
CLASS "C" (COMMERCIAL)
BEER A LIQUOR LICENSE
Clara L. Johnson, 1543 Central Ave-
nue
Passed, adopted and approved
this 4th day of December, 1972.
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved that
the application be denied. Second-
ed by Mayor Moldenhauer. Vote
was as follows:
Yeas — Mayor Moldenhauer,
Councilman Pregler.
Nays — Councilmen Bitter, Just -
mann, Thorns. MOTION FAILED.
Clara Johnson appeared before
the Council in defense of her li-
cense. Councilman Bitter moved
that the application be considered.
Seconded by Councilman Justmann.
Carried by the following vote:
Yeas — Councilmen Bitter, Just -
mann, Thorns.
Nays -- Mayor Moldenhauer,
Councilman Pregler.
RESOLUTION NO. 382.72
WHEREAS, applications for Li-
quor licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS. the premises to be
occupied by such applicants were
inspected and found to comply with
the State I.aw and all City ordi-
nances relevant thereto and they
have filed proper bonds,
NOW THEREFORE BE 1T RE.
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to the following named applicants
a Liquor license.
CLASS "C" (COMMERCIAL)
BEER d LIQUOR LICENSE
(Tara L Johnson, 1543 Central Ave-
nue
Passed, adopted and approved
this Ah day of December, 1972.
Allan T. Thorns
C. Robert Justmann
Joseph J. Ritter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved that
the license not be renewed. Se.
conded by Mayor Moldenhauer.
Vote was as follows:
Yeas — Mayor Moldenhauer,
Councilman Pregler.
Nays — Councilmen BitteT, Just -
mann, Thorns. MOTION FAILED.
Councilman Bitter moved that
the license be renewed. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Councilmen Bitter, Just -
mann, Thorns.
Nays — Mayor Moldenhauer,
Councilman Pregler.
Communicatdon of League of Wo-
men Voters being in favor of a
freeway concept and it is impera-
tive that the Council act now in
a positive way to support the pro-
posal, presented and read. Council-
man Justmann moved that t h e
communication be received a n d
filed. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Council recessed at 10:13 P.M.
reconvened at 10:20 p.M. Mrs.
Duane Mortensen, Attorney L e o
McCarthy, Frank Bertsch, Attor-
ney Tom McKay, Pete Hollis, Ma-
nager of Kennedy Mall, and Frank
Miller all addressed the Council
in a positive way as to the Coun-
cil going on record witch the State
as to at least favoring the concept
of a Freeway, and assuming that
the corridor route can be establish-
ed at a later date. It was
sifirmly
stressed that the OAY
n dire
need of a new bridge and the
Council should be thinking of pos-
sible emergency bridge funds from
the State. Frank Miller a g a i n
stressed the displacing of 1765 peo-
ple. The social impact isitg eat.
t
j Attorney McKay the wise
fact
to act now in light of
582 Regular Session, December 4, 1972
that two commissioners on the
State Highway commission will not
be reappointed and also our own
city election in 1973. Councilman
Thoms moved as being in favor
of the concept of the Freeway.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor MoldenhaueT,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
There being no further business
Councilman Pregler moved to ad-
journ. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Leo F. Frommelt
City Clerk
February 121973
Approved February 12 1973
Adopted February 12 1973
Special Session, December 11, 1972 563
CITY COUNCIL
OFFICIAL
Special session, December 11,
1972.
Council met at 7:30 PM, (C.S.T.)
Present — Mayor Moldenhauer,
Councilmen B i t t • r, Justmann,
Pregler, Thoms. City Manager Gil.
bert D. Chavenelle.
Mayor Moldenhauer read the call
and stated that service thereof had
heen duly made and this meeting
is called for the purpose of con.
sidering adoption of a resolution
approving sale of Lot 1 of 1 of
1 of 1 of Block 6 Riverfront Sub.
103 to Key City Plating Co., and
acting upon such other business
as may properly come before a
regular meeting of the Council.
December 7, 1972
"rhe Honorable Mayor and
City Council
This notice has not been com-
piled with and 1 recommend to
the City Council that the provisions
of Ordinance No. 35-52 be enforced
and that the owner of said build-
ing known as 1210 Dodge Street
and located on Lot 1 of 1 of 2,
Byrnes Subdivision, City of Dubu-
que, Iowa, be required to dismantle
said building and clean up the
premises.
Gilbert D. Chavenelle
City Manager
Councilman Justmann moved ap-
proval of the recommendation and
set a public hearing on January
2, 1973 and the Clerk be instructed
W publish notice. Seconded by
Councilman Pregler. Carried by
the following vote:
Peas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregier, Thoms.
Nays — None.
November 13, 1972
Mr. James W. Collins
285 Cardiff Street
1 have personally inspected the
building known as 1210 Dodge
Street, Dubuque, Iowa and located
on a lot legally known as Sub-
division 1 of 2, Byrnes Subdivision
1, City of Dubuque, Iowa anti the
conditions as they have been re -
Ported to me by the Building Com-
missioner, Fire Chief and the Hous-
ing Inspector are substantially cor-
rect. A copy of whose report is
hereto attached and by reference
made a part hereof.
According to City Ordinance No.
35.52, you are hereby given ten
(10) days to dismantle and clean•
up the premises.
Gilbert D. Chavenelle
City Manager
November 15, 1972
Mr. Gilbert D. Chavenelle
On June 30, 1972 an inspection
was made by the City of Dubuque
Housing Department of a two sle.
ry, single family, frame residence
building, known as 1210 Do d g e
Street, Dubuque, Iowa.
The interior and exterior of this
Aructure is in a very dilapidated
condition, is now vacated and is
unfit for human occupancy.
The conditions that are present
after definite fire hazard, a breed.
ing place for rats, an attractive
nuisance for children and a detri-
ment to this area.
We recommend that immediate
steps be taken to rectify this con-
dition.
The building is located on a lot
legally known as Subdivision 1 of
2, Byrnes Subdivi::ion 1, City of
Dubuque, Iowa and is owned by
Mr. James W. Collins, 285 Cardiff
Street, Dubuque, Iowa 52001.
Donald J. Bandy
Building Commissioner
Robert N. Dunphy
Fire Chief
Harold F. Zimmerman
Housing Inspector
December 7, 1972
To the Honorable Mayor and
City Council
This notice has not been com-
plied with and I recommend to
the City Council that the provisions
of Ordinance No. 35.52 be enforced
and that the owner of said build-
ing known as 1208 Dodge Street
and located on Lot 2 of 1 of 2,
Byrnes Subdivision, City of Du-
buque, Iowa, be required to dis-
mantle said building and clean up
the premises.
Gilbert D. Chavenelle
City Manager
Councilman Justmann moved ap-
proval of the recommendation and
wt a public hearing on January
564 Special Session, December 11, 1972
2, 1973 and the Clerk be instruct-
ed to publish notice. Seconded by
Councilman Pregler, Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
November 13, 1972
Mr. Marvin Kahle
93 Cambridge Court
I have personally inspected the
building known as 1208 Dodge
Street, Dubuque, Iowa and located
on a lot legally known as Sub-
division 1 of 2, Byrnes Subdivision
2, City of Dubuque, Iowa and the
conditions as they have been re-
ported to me by the Building Com-
missoner, Fire Chief and the Hous-
ing Inspector are substantially cor-
rect. A copy of whose report is
hereto attached and by reference
made a part berenf.
According to City Ordinance No.
35-52, you aTe hereby given ten
(1o) days to dismantle and clean-
up the premises.
Gilbert D. Chavenelle
City Manager
November 15, 1972
Mr. Gilbert D. Chavenelle
City Manager
On June 30, 1972 an inspection
was made by the City of Dubuque
Housing Department of a two sto-
ry, single family, frame residence
building, known as 1208 Dodge
Street, Dubuque, Iowa.
The interior and exterior of this
structure is in a very dilapidated
condition, is now vacated and is
unfit for human occupancy.
The conditions that aTe present
after definite fire hazard, a breed-
ing place for rat!., an attractive
nuisance for children and a detri-
ment to this area.
We recommend that immediate
steps be taken to rectify this con-
dition.
The building is located on a lot
legally known as Subdivision 1 of
2, Byrnes Subdivision 2, City of
Dubuque, Iowa and is owned by
Mr. Marvin Kahle, 93 Cambridge
Court, Dubuque, Iowa 52001.
Donald J. Bandy
Building Commissioner
Robert. N. Dunphy
Fire Chief
Harold F. Zimmerman
Housing Inspector
Councilman Pregler moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Second-
ed by Mayor Moldenhauer. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justinann.
Pregler, Thorns.
Nays — None.
Mr. Paul Zimmerman of the
Building Department addressed the
Council relative to the delapidated
buildings at 1208 and 1210 Dodge
St.
Communication of City Manager
recommending denial of petition
of John V. Meehan for an ease-
ment for a driveway to Lot 2
Eagle Point. View on Eagle Point
Drive, (forward from meeting of
November 27th) presented and
read.
Attorney A. VanEtten pleaded
in behalf of his client Mr. Meehan
for an equitable solution. The City
Manager voiced his opinion by stat-
ing that the best way would be
to make a swap of lots and issue
a revocable permit. Mayor Mol-
denhauer moved that the matter
be referred to the City Manager
and City Solicitor to negotiate
sharing costs of declaratory judg-
ment. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Pregler, Thorns.
Nays — Councilmen Bitter, Just -
mann.
December 7, 1972
To the Honorable Mayor
and City Counedl
In order to plan for the annual
City of Dubuque fiscal audit for
the year 1972, I intend to employ
the CPA firm, O'Connor, Brooks
and Company to audit the Water,
Parking Facilities and Sewage
Rental Funds and to request Lloyd
R. Smith, the State Auditor, to
audit the other accounts of the
city.
This is the same arrangement
used for the audit of the 1971
records.
Shortly after the first of the year
I will ask your consideration of
the attached resolution. Since the
auditing must begin before the sub-
.A
Special Session, December 11, 1972 565
mission of the resolution, I request an investigation thereof and report -
your approval of this plan. ed to this office by written report
Gilbert D. Chavenelle I of no liability on the part of the
City Manager j City of Dubuque, and in view of
the foregoing, it is the recommen-
dation of the City Attorney that
the claim of Robert W. FDrtmann
he denied.
Original Claim is returned here-
with.
Councilman Thoms moved that
he request he referred to the next
meeting as some other CPA firms
may be interested in putting in
a bid for the work. Seconded by
Mayor Moldenhauer. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Naps — None.
Alcoholism Information Center
submitting an estimated budget for
1973 to cover the Tri -County Area,
which includes Dubuque, Delaware
and Jackson Counties, showing a
total estimated income of $1.25,308,
and an estimated expenditure of
$131,148, presented and read.
Mr. Allen J. Gourley, Director
Mrs. Edna Thompson and Mr. Jim
Platt all spoke in favor of the
budget. Mayor Moldenhauer moved
that the budget be received and
filed and the Manager be insturct-
ed to set up a follow-up session.
Seconded by Councilman Just -
mann. Carried by the following
ote :
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Communication of Mayor Mol-
denhauer submitting his Mayor's
weekly report dated December 10,
1972, presented for filing. Council-
man Pregler moved that the com-
munication be received and filed.
Seconded by Councilman Thoms.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
December 5, 1972
R. N. Russo
City Attorney
Councilman Bitter moved appro-
val of the recommendation. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t. a r, Justmann,
Pregler, Thoms.
Nays — None.
December 1, 1972
Honorable Mayor
and City Council
On October 30, 1972, Carol Mays
filed claim against the City of
Dubuque, Iowa in the approximate
amount of $20.00 and alleging said
damages occurred on August 11,
1972 as the result of striking a
hole in the street in front of her
residence at 730 Harvard Street
causing a cut in her tire.
This matter was referred to the
City Attorney who has made an
investigation thereof and examined
the site and conferred with the
Street Commissioner and finds no
actionable negligence on the part
of the City, and it is therefore
City
Attorney that the recommendatione
claim ofCazol
Mays be denied.
Original claim is returned here.
with.
R. N. Russo
City Attorney
Honorable Mayor
and City Council
On November 1, 1 2, 197RobKaufmann
Wrt
. Fortmann of Piled claim
Avenue, this c►t of Dubuque in
against the City
the amount of $75.00 and alleging
said damages occurredto
his
as base-
ment on October 20, 1972
result of a sewer back up.
ie
This matter was referred to tte
appropriate City Agency
who mad
Councilman Bitter moved apPro-
val of the recommendation.
datio . Se-
conded
nby
r.
Carried by the following vote:
Yeas — M a y o r Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notice of claim of Mrs. George
E. Robey, in the amount of $39.50,
for medical expense incurred as
the result of a fall at 1126 S.
Grandview Ave. on October 9, 1972,
presented and read. Councilman
Bitter moved that the notice of
claim be referred to the City So-
Special Session, December 11, 1972
lie for for proper action. Seconded
by Councilman Pregler. Carried
!-y the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Notices from District Court by
Town of Asbury requesting a per-
petual right of way and easement
over certain described real estate
by condemnation for the purpose
of constructing and maintaining a
sanitary sewer system all in Sec-
tion 20 T. 89 N. 2 E 5 P. M.,
presented and read. Councilman
Bitter moved that the notices be.
referred to the City Solicitor. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Notice of claim of Mrs. Laverne
P. Carr, in an undetermined
amount, for personal injuries re-
ceived in a fall on a defective
sidewalk on November 29, 1972,
at 574 Loras Blvd., presented and
read. Councilman Bitter moved
that the notice of claim be re-
ferred to the City Solicitor for
proper action. Seconded by Coun-
cilman Pregler. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r. Justmann.
11'regler, Thoms.
Nays — None.
ORDINANCE NO. 64-72
An ordinance amending and chang-
ing Ordinance No. 3-34 known as
the "Zoning Map and Zoning Or-
dinance of the City of Dubuque,
Iowa" so as to change certain
property hereinafter described
from "Two Family Residence Dis-
trict' classification to "Mulitiple
Residence District" classification,
(Finley Hospital).
presented and read.
Mayor Moldenhauer moved that
the reacting just had be considered
the first reading of the Ordinance.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Mavor Moldenhauer moved that
the rule requiring an Ordinance
to he read on three separate days
he waived. Seconded by Council-
man Pregler. Carried by the fol -
:owing vote:
Peas — Mayor Moldenhauer.
Councilmen Bitter, Justmann.
Pregler, Thoms.
Nays — None.
Mayor Moldenhauer moved that
a pubVe hearing be held on the
ordinance. on January 2, 1373 at.
7:30 o'clock P.M. in the Council
Chamber at the City Hall and the
City Clerk be instructed to pub-
lish notice of said hearing in the
manner required by law. S.,conded
by Councilman Pregler. Carried
by the following vote:
yeas — Mayor Moldenhauer.
Councilmen Bitter, Justmann.
Pregler, Thoms.
Nays — None.
ORDINANCE NO. 65-72
An ordinance amending Ordinance
No. 3.34 known as the "Zoning
Map and Zoning Ordinance of the
City of Dubuque, Iowa" by amend.
ing Article IV, Section 2 (h) thereof
tc include certain described real
estate in which prof^ssional offices
or studios of a physician, dentist,
architect, engineer, lawyer, real.
tor, insurance, musician, or similar
professions may be permitted,
(Finley Hospital),
presented and read.
Mayor Moldenhauer moved that
the reading just had be consider-
ed the first reading of the Ordi-
nance. Seconded by Councilman
Pregler. Carried by the: following
vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Mayor Moldenhauer moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council-
man Pregler. Carried by the fol-
lowing vote:
Yeas -- Mayor Moldenhauer.
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Mayor Moldenhauer moved that
a public hearing he held on the
Ordinance on January 2, 1973, at
Special Session, December 11, 1972
7:30 o'clock P.M. in the Council
Chamber at the City Hall and the
City Clerk be instructed to publish
notice of said hearing in the man.
ner required by law. Seconded by
Councilman Pregler, Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Counciamen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
PeCtion of Arsenius A. Hanson,
in the amount of $225 for refund
on the unexpired portion of Class
B Beer License No. 2958, as he
has discontinued business on 12-4.
72, presented and read. Council-
,nan Pregler moved that the re-
fund be granted and the Auditor
instructed to issue proper warrant.
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Petition of Arsenius A. Hanson,
in the amount of $50, for refund
on unexpired portion of cigarette
license No. 141, as he has discon-
tinued business on 12-4.72, present-
ed and read. Councilman Pregler
moved that the refund be granted
and the Auditor instructed to issue
proper warrant. Seconded by Coun-
cilman Bitter. Carried by the fol-
lowing vote:
Yens — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Petition of Donald P. Shanley,
in the amount of $211.25, for re-
fund on the unexpired portion of
Liquor License No. C-2016, as he
has discontinued business on No-
vember 12, 1972, presented and
read. Councilman Pregler moved
that the refund be granted and
the Auditor instructed to issue pro-
per warrant. Seconded by Council-
man Bitter. Carried by the follow-
ing vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Just.mann.
Pregler, Thorns.
Nays — None.
Petition of H.R.W. Associates re-
questing rezoning of Lot A of Block
22 in Key Knolls Sub. from pre-
sent Multiple Residence District
to Local Business "A", presented
567
and read. Councilman Pregler
moved that the petition be referred
to the Planning & Zoning Com-
mission. Seconded by Mayor Mol-
denhauer. Carried by the follow.
ing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Petition of The Wallis Company
requesting a resolution eMminat-
ing a five foot wide easement in
Lots 9 and 10 in Clinque Inc, No.
2 Addn. all public utilities involved
are in agreement and have signed
Plat, presented and read. Council.
man Pregler moved that the pe.
titdon and plat be referred to the
Planning & Zoning Commission. Se.
conded by Mayor Moldenhauer,
Carried by the following vote:
Seas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None,
Proof of Publication, certified to
by Publisher, of Invitation for Pro-
posals for the purchase of Urban
Renewal property in the block be.
tween 4th and 5th and Iowa and
Central, 3,761.9 square feet, pre-
sented and read.
No written objections were filed
and no oral objectors were present
at the time set for the public
hearing. Mayor Moldenhauer mov-
ed that the proof of publication
be received and filed. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 383.72
Authorizing the execution of a con-
tract for sale of land for private
redevelopment with Canfield Hotel,
Inc.
WHEREAS, under date of August
4, 1999, the City Council of the
City of Dubuque approved and au-
thorized the receiving of proposals
for the sale and redevelopment.
of certain parcels of real estate
in the Downtown Urban Renewal
Project, Iowa R-15; and
WHEREAS, under date of Sep-
tember 15, 1969, in response to
said offering, a proposal for the
purchase and redevelopment of a
Special Session, December 11, 1972
portion of the project land was
received from Canfield Hotel, Inc;
and
WHEREAS, under date of March
19, 1970, Canfield Hotel, Inc. with-
drew their said proposal and on
April 13, 1970, was fully refunded
all monies paid towards the pur-
chase price of said project land;
and
WHEREAS, under date of July
19, 1972, Canfield hotel, Inc. re.
submitted a proposal for the pur.
chase and redevelopment of a por-
tion of the project land; and
WHEREAS, under date of August
7, 1972, the City Council of the
City of Dubuque adopted Resolu-
tion 243.72 declaring their intent
to dispose of after a public hear-
ing of the said land as herein-
after described to Canfield Hotel,
Inc; and
WHEREAS, pursuant to said Re-
solution No. 243-72 and a Notice
of Public Hearing published in the
Tel egraph.Herald, a newspaper of
general circulation in the City of
Dubuque, Iowa, on August 10, 1972
and August 17, 1972, City Council
met on the 11th day of Septem-
ber, 1972 at 7:30 o'clock P.M. Cen-
tral Daylight Time, in the City
Council Chambers, City Hall, Du-
buque, Iowa, to consider the pro-
posal to dispose of the interest
of the City of Dubuque to Parcel
and the Southerly 65 feet of
Parcel 1 of Block 1 of the Down-
town Urban Renewal Project, Pro.
ject No. Iowa R-15, legally de-
scribed as Lot 1 of Block 7, Lot
4 of Block 6 and the Southerly
65 feet of Lot I of Block 6, all
in Dubuque Downtown Plaza to
Canfield Hotel, Inc-, and
W'HE'REAS, pursuant to said
Resolution No. 243.72 a copy of
the Redeveloper's Statement for
Public Disclosure and a copy of
the proposed form of Contract for
Sale of Land for Private Rede-
velopment was placed on file in
the office of the City Clerk for
public inspection: and
WHEREAS; the City Council of
the City of Dubuque at said meet-
ing of September 11, 1972 over-
ruled 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 estate to Cantield Hotel, Inc.
subject to the concurrence of the
United Staets Department of Hous-
ing and Development; and
WHEREAS, pursuant to the re-
quest of the United States De-
partment of Housing and Develop-
ment, the City Council of the City
of Dubuque under date of Novem-
ber 6, 1972, adopted Resolution 340-
72 authorizing the readvertising of
the land hereinbefore described un-
der the fixed-price competition me-
thod; and
WHEREAS, pursuant to an In-
vitation for Proposals for the sale
and redevelopment of said land
published in the said Telegraph.
Herald on November 9, 1972 and
November 16, 1972, no further pro-
posals were received; and
WHEREAS, under date of De-
cember 8, 1972, Canfield Hotel, Inc.
reaffirmed its proposal of July 19,
1972 for the purchase and rede-
velopment of a portion of the pro-
ject land; now therefore
BE IT RESOLVED BY THE CI-
TY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor and
City Clerk be and they are hereby
authorized to enter into a Contract
for Sale of Land for Private Re-
development in accordance with
the terms of the Dispostion Docu-
ments governing such sale with
Canfield Hotel, Inc, for the real
estate known as Parcel 3 and the
Southerly 65 feet of Parcel 1 of
Block of the Downtown Urban Re-
newal Project, Project No. Iowa
R-15, legally described as Lot 1
of Block 7, Lot 4 of Block 6 and
the Southerly 65 feet of Lot 1
of Block 6, all in Dubuque Down-
town Plaza, Dubuque, Iowa, con-
taining 14,088.845 square feet, sub-
ject to survey.
Section 2. That said parcel of
real estate shall be sold for a
total price of $35,936.89 subject to
final survey of the land to be
conveyed.
Passed, approved and adopted
this 11th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
i Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, December 11, 1972 IN
Mayor Moldenhauer moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays -- None.
RESOLUTION NO. 384-72
WHEREAS, Marjorie D. Reed
has tendered an option to pur-
chase to the City of Dubuque, Iowa
for the purchase by the City of
Dubuque of certain real estate for
park purposes, a copy of which
option is hereto attached; and
WHEREAS, the City Council of
the City of Dubuque has examined
said option to purchase and ap-
proves the same;
NOW THEREFORE BE IT RE.
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City of Du-
buque, Iowa does hereby agree
to enter into the option to pur.
chase said real esta4e from Mar.
jorie D. Reed as described in the
option to purchase, a copy of which
is hereto attached.
Section 2. That the Mayor and
the City Clerk be and they are
hereby authorized and directed to
execute said option to purchase
for and on behalf of the City of
Dubuque, Iowa.
Passed, approved and adopted
this 11th day of December, 1972,
Wayne A Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. F rommelt
City Clerk
Mayor Moldenhauer moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t. a r, Justmann,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 385-72
WHEREAS, the County of Du-
buque and the City of Dubuque
have engaged the architectural
firm of Durrant-Deininger-Domm-
er-Kramer-Gordon, P,G. in connec.
tion with designing of a J o i n t
County,City Law Enforcement Cen•
ter; and
WHEREAS, said architects have
tendered a standard form of Agree-
ment for execution by the County
of Dubuque and City of Dubuque;
and
WHEREAS, City of Dubuque
finds the same should be approved
and execution thereof authorized.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Agreement
by and between City of Dubuque
and Dubuque County, Iowa, as
owners, and Durrant-Deininger.
Dom mer -Kra mer -Gordon, P.G., as
architects, be and the same is
hereby approved.
Section 2. That the Mayor and
the City Clerk be and they are
hereby authorized to execute said
Agreement for and on behalf of
the City of Dubuque, Iowa.
Passed, approved and adopted
this 11th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommek
City Clerk
Mayor Moldenhauer moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Proof of Publication, certified to
by the Publisher, of Notice of time
and place of hearing, to dispose
of Lot 1 of 1 of 1 of Block 6
Riverfront Sub. No. 3 to Key City
Plating Co. in the amount of
$14,113.44, presented and read.
No written objections were filed
and no oral objectors were pre-
sent in the Council Chamber at
the time set for the hearing.
Councilman Pregler moved that
the proof of publication be re-
570 Special Session, December 11, 1972
ceived and filed. Seconded by Ma-
yor Moldenhauer. Carried by the i
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 386-72
WHEREAS, pursuant to Resolu-
tion of published notice of time
and place of hearing published in
the Telegraph -Herald, a newspa-
per of general circulation publish-
ed in the city of Dubuque, Iowa
on November 22, 1972 and Novem-
ber 29, 1972, City Council of City
of Dubuque, Iowa, met on the 11th
of December, 1972 at 7:30 o'clock
P.M. (Central Standard Time) in
the City Council Chamber, City
Hall, Dubuque, Iowa to consider
the proposal to dispose of interest
of the City of Dubuque. Iowa to
Loh 1 of Lot 1 of Lot 1 of Block
6 Riverfront Subdivision No. 3 in
the City of Dubuque, Iowa con-
taining 1.62 acres, more or less,
subject to existing easements to
Key C'.ty Plating Company of Du-
buque, Iowa; and
WHEREAS, City Council of Du-
buque, Iowa overruled any and
all objections, oral or written, to
the proposal to dispose of interest
of City of Dubuque, Iowa, in the
above described real estate to Key
City Plating Company of Dubuque,
Iowa:
NOW THEREFORE. BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the disposal of
interest of City of Dubuque, Iowa
in real estate to Key City Plating
Company of Dubuque, Iowa cover-
ing the following described real
estate, to -wit:
Lot 1 of Lot 1 of Lot 1 of Block
6 Riverfront Subdivision No. 3 in
the City of Dubuque, Iowa con-
taining 1.62 acres, more or less,
subject to existing easements
for the purchase price of twenty
cents ($.20) per square foot for
approximately 1.62 acres, more or
less, in the total amount of
$14,113.44 be and the same is here-
by approved and the Mayor and
(Ity Clerk are hereby directed to
execute conveyance on behalf of
the City of Dubuque, subject to
the following terms and conditions,
to -wit:
A. That said real estate be sold
to Key City Plating Company for
the construction thereon of a new
building containing approximately
7,000 square feet.
B. That the sale price for said
real estate shall be $.20 per square
foot in the total amount of Four.
teen Thousand One Hundred Thir-
teen and 44-100 ($14,113.44) Dol-
lars, and the receipt of One Thou-
s a n d Four Hundred Eleven
($1,411.00) Dollars as down pay-
ment is hereuith acknowledged by
the City.
C. That construction of said
building shall be commenced with-
in one (1) year of adoption and
the passage of this Resolution and
shall be completed within two (2)
years of delivery of deed, and
upon failure so to do by the Key
City Plating Company, purchaser,
said real estate shall automati-
cally revert to the City of Du-
buque, Iowa and purchase price,
less damages, shall be refunded
to the purchaser.
D. That the construction of all
buildings, yards, parking lots, fen-
ces and ancillary improvements
shall be constructed in confor-
mance with existing City codes,
and manufacturing processes car-
ried out in accord with City Or-
dinances.
E. That the City of Dubuque,
Iowa retains a perpetual easement
for existing waterlines, existing sa-
nitary sewer and storm sewer lines
and for utilities together with right
of ingress and egress to repair,
inspect and maintain the same.
F. That all utilities and services
to proposed buildings be connect-
ed at buyer's expense.
Section 2. That the City Clerk
be and he is hereby authorized
and directed to deliver deed of
conveyance to Key City Plating
Company upon receipt of the pur-
chase (nice of $14,113.44.
Section 3. That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resolution in the of.
fice of the Dubuque County Re-
corder.
Special Session, December 11., 1972 571
approved and adopted
)his 11th
day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Adan T. Thoma
C. Robert Justmann
Joseph J. Bitter
Councilmen
At4est
Leo F.
Frommelt
City
Clerk
councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Peas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoans.
Nays -- None.
Communication of City Attorney
requesting the Council to authorize
the City Manager to grant per-
mission to Dubuque Disposal Com-
pany W locate a container approxi-
mately 71fz' x 18' in the alley be-
hind the Kresge building for 42
days, and said permittee indemnify
the City against any and all claims
arising out of said permission and
furtber that the City Manager be
authorized to issue a permit, pre-
sented and read.
Councilman Justmann moved
that the communication be receiv-
ed and filed. Seconded by Council-
man Bitter. Carried by the follow-
in,ti vote:
yew — Ma)^r Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 381-72
WHEREAS, Mr. Louis Mibalakis
of the Dubuque Disposal
co mpany
the
has rmuested pe
City Managcr to place,a toe ely
(20) yeard container apIr
71,4i'x18' to be located in the alle
for forty-two (42) days behind th
Kresge Building; and
WHEREAS, Satidde City tier
Ma6 bte
Manager
investigated by
together with the Police Chief an
Captain Charles Jennaman ofeeah
Traffic Division, and it be grantet
that permission may
to spot such container soiythn
the alley door to Kresg'''
that the rear of said contain
face traffic and that, the edge
the container on the traveled W
tion of the alley have some type
of reflectorization; and
WHEREAS it appears that the
granting of the permission to Du-
buque Disposal Company to locate
such container at said location
would best serve the public health
and welfare.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Manager
be and he is hereby authorized
to grant permission to locate said
container as requested by Dubuque
Disposal Compacy and upon such
terms and conditions established
by the City Manager and that the
said permitee indemnify the City
of Dubuque against any and all
claims arising out of, or in con.
no, on with, the existence a n d
maintenance of said container, or
containers, same to be spotted
south of the alley in order to per•
mit ample truck access through
said alley and said container shall
be lo,at,d so that the rear of
the container face the traffic and
that the edge of the container on
the traveled portion of the alley
be, reflectorized.
Saction 2. Thai the City Manager,
be and h, is hereby further an
thorized and empowered to grant
permit to . ch disposal company,
or companies, as desires to locate
disposal containers within alleys
of the City of Dubuque, Iowa upon
Such terms and conditions as .he
City Manager may direct and rot
inconsistent with any ordinance o:
resolution heretofore adopted t an,!
that the City Manager repo
location and the existence of suet'
containers in the public way, or
ways to the City Council from
time to time as said City Council
y
may direct.
SectiY
e
hereby oauthor zed and di e, eel to
n grant such permit, or permits, as
herein provided for, upon furnish
I
ing sufficient proof to (lie sat)sfac•
e I tion of the City Manager that the.
s i said permittee has furnished and
ed delivered indemnifying agreement
of indemnifying and holding the City
d harmless from any and all claims
er arising out of or in connection
r- I withntenanceo of such disposal con-
572 Special Session, December 11, 1972
tainers in the public alleys and -
or public
places in the City of
Dubuque.
Iowa.
Passed,
approved and adopted
this lith
day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
I.eo F. Frommeit
City Clerk
Councilman Justmann moved
adoption of the resolution. Second-
ed by Councilman Bitter. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 388.12
Resolution of the City of Dubuque,
Iowa
BE IT RESOLVED BY THE CI-
TY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that the Con-
tract For State Grant For Treat-
ment Works with the State of Iowa,
pursuant to Chapter 456C of the
1971 Code of Iowa and Section
3, H. F. 710, Acts of the Goth
General Assembly, is hereby ac-
cepted by said Council on behalf
of Dubuque, Iowa and that Wayne
A. Moldenhauer, Mayor, and Leo
F. Frommelt, Clerk are hemby
authorized and directed to execute
same and affix the seal of the
City there to on behalf of said
City.
Dated at Dubuque, Iowa this lith
day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo, F. Frommelt
City Clerk
The undersigned duly qualified
and acting City Clerk of the City
of Dubuque, Iowa, does hereby
certify:
That the attached Resolution is
a true and correct copy of the
Resolution accepting the Contract
For State Grant For Treatment
Works regularly adopted at a le-
gally convened meeting of the City
Council of the City of Dubuque,
Iowa, duly held on the lith day
of December, 1972; and further
that the Resolution has been fully
recorded in the Journal of Pro-
ceedings and Records in my of-
fice.
IN WITNESS WHEREOF, I have
hereunto set my hand this 11th
day of December. 1972.
Leo F. Frommelt
City Clerk of the
City of Dubuque, Iowa
Mayor Moldenhauer moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 389.72
WHEREAS, the City of Dubuque
has secured an easement from Ii-
linois Central Gulf Railroad Com-
pany in connection with the in-
stallation of an underground sani-
tary sewer; and
WHEREAS, s a i d Easement
Agreement should be approved and
delivery thereof be accepted:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL.
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Easement Agree-
ment by and between Illinois Cen-
tral Gulf Railroad Company and
the City of Dubuque, Iowa, signed
December 11, 1972,.be and the
same is hereby approved.
Section 2. That the Mayor and
City Clerk be and they are hereby
authorized and directed to execute
said Easement Agreement for and
on behalf of the City of Dubuque,
Iowa and that delivery of Grant
of Easement is herewith accepted.
Section 3. That the City Clerk
be and he is hereby authorized
and directed to cause said Grant
of Easement to be recorded in
the office of the Dubuque County
Recorder.
Special Session, December 11, 1972
Passed, approved and adopted
this 11th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Cleric
CERTIFICATE OF CITY CLERK
State of Iowa
County of Dubuque
I. Leo F. Frommelt, do hereby
certify that I am the duly ap-
pointed, qualified, and acting Clerk
of the City of Dubuque, in the
County aforesaid, and as such
Clerk I have in my possession
or have access to the records of
the proceedings of the City Coun-
cil. I do further state that the
hereto attached Resolution No. 389-
72 is a correct copy of the original
Resolution No. 389-72 approved and
adopted by the City Council of
the City of Dubuque, Iowa, at. a
session held by said Council on
the lith day of December, 1972.
In Testimony Whereof, I here-
unto set my hand and official seal.
Dated at Dubuque, Iowa, this 11th
clay of December, 1972.
Leo F. Frommelt
Clerk of the
City of Dubuque, Iowa
Councilman Justmann moved
adoption of the resolution. Second-
ed by Councilman Pregler. Car-
ried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 390-72
W11ERF.AS, applications for Beer
permits have been submitted to
this Council for approval and the
same have been examined; Now
therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following applica-
tions be granted and permits is-
sued upon the compliance with the
terms of the ordinances of the
City.
CLASS "C" BEER PERMIT
Thompsons Markets, Inc., 1256 Io-
wa Street
573
Passed, adopted and approved
this 11th clay of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop.
lion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilman B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 391.72
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
in,<pected 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
Thompsons Markets, Inc., 1256 Io-
wa Street
BE IT FLPR.TIiER RESOLVED
that the bonds filed by such ap-
plicants be and the same are here-
by approved.
Passed, adopted and approved
this 11th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
574 Special Session, December 11, 1972
Communication of Robert. M.
Bertsch attorney, requesting appro-
%-A of Class "B" beer applications
for both Loras and Clarke colleges
presented and read.
Attorney Bertsch addressed the
Council by stating that he does
not share the opinion of the Build-
ing Commissioner which has been
appended to each application that.
the premises for which the permit
is sought must be rezoned. A cam-
pus facility for the sale and d s-
bursing of beer to college students,
faculty and staff is rapidly be-
coming an incidental use to the
main activity of education.
Councilman Pregler moved that
the communication be received and
filed. Seconded by Mayor Molden-
hauer. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 392.72
WHEREAS, applications for Beer
permits have been submitted to
this Council for approval and the
same have been examined; NOW
THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following applica-
tions be granted and permits is-
sued upon the compliance with the
terms of the ordinances of the
city.
CLASS "B" BEER PERMITS
Loras College, Alta Vista St. 8
Loras Blvd.
Clarke College, 1550 Clarke Drive
Passed, adopted and approved
this 11th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan 7'. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer, Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
N: vs None
RESOLUTION NO. 1"•72
WHEREAS, applications for Beer
permits were filed by the within
named applicants and they have
received the approval of this Coun-
cil, and
W'AEREAS, 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 T1iEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to cause
to be issued to the following named
applicants a Beer permit.
CLASS "B" BEER PERMIT
Loras College, Alta Vista St. &
Loras Blvd.
Clarke College, 1550 Clarke Drive
BE IT FURTHER RESOLVED
that the bonds filed by such appli-
cants be and the same are here-
by approved.
Passed, adopted and approved
this lith day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Preglgg,, Thorns.
Nays None.
Councilman Pregler moved that
the City Attorney be directed to
recoup monies from the County -
City Authority. Seconded by Mayor
Moldenhauer. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
At 11:25 P.M. Councilman Preg-
ler moved that the Council go into
executive session for direction and
consultation with the City Attorney
in an impending law suit against
the City. Seconded by Mayor Mol-
Special Session, December 11, 1972 575
denhauer. Carried by the following ,
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
Council reconvened in regular
session at 11:38 F.M. and Mayor
Mdldenhauer moved that the re.
cord show that advice to the City
Attorney was discussed regarding
impending lam, suit and the City
Solicitor is to report back at the
next Council meeting. Seconded by
Councilman Pregler. Carried by
thr following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
There being no further business
Mayor Moldenhauer moved to ad.
journ. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Couneften Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Leo F. Frommelt
City Clerk
l,'ebruar 12
Approved February 12 1973
Adopted February 12 1973
Councilmen
City Clerk
Special Session, December 18, 1972
Board of Health
OFFICIAL_
Special session, December 18,
1972.
Board Met at 7:30 P.M. (C.S.T.)
Present -Chairman Wayne A. Mol-
denhauer, Messrs. Joseph J. Bitter,
C. Robert Justmann, Walter A.
Pregler, Allan T. Thorns. Dr. Ken-
neth K. Hazlet.
Communication of Dr. Hazlet
submitting a list of recent accom-
plishments of the Health Depart-
ment in answer to the repeated
appearances of his name in the
news media, presented and read.
Mr. C. Robert Justmann moved
that the matter be referred to
the City Manager for disposition.
Motion died for lack of a second.
Mr. C. Robert Justmann moved
that the communication be refer-
red to the City Manager and staff
to respond to the letters etc. Se.
conded by Chairman Wayne A.
Moldenhauer. Carried by the fol-
lowing vote:
Yeas — Chairman Wayne A.
Moldenhauer, Messrs. Joseph J.
Bitter, C. Robert Justmann, Walter
A. Pregler.
Nays—Mr. Allan T. Thorns.
Mr. Walter A. Pregler submitted
a communication along with a pro-
posed resolution to the effect that
the Department of Health, the Med-
ical Director all become employees
under the direction of the City
Manager, and that all policies and,
work programs be accomplishedi
in accordance with the policies set
by the Council, and further that
periodical reports as to health
needs of the community and opera-
tions in general be submitted to the
Council in writing, presented and
read. Mr. Walter A. Pregler moved
adoption of the resolution. Motion
died for lack of a second. Mr.
Walter A. Pregler moved that the
statement and resolution be Re-
ceived and filed. Seconded by Mr.
C. Robert Justmann. Carried by
the following vote:
Yeas — Chairman Wayne A.
Moldenhauer, Messrs. Joseph J.
Bitter, C. Robert Justmann, Wal-
ter A. Pregler, Allan T. Thorns.
Nays—None.
Communication of Arthur J. Roth
Jr., City Health Administrator, ad-
vising that local mortuary estab-
lishments now meet and exceed
State standards for protection of
the City Water distribution system
from backflow contamination, pre-
sented and read. Mr. C. Robert
Justmann moved that the commun-
ication be received and filed. Se-
conded by Chairman Wayne A.
Moldenhauer. Carried by the fol-
lowing vote:
Yeas — Chairman Wayne A.
Moldenhauer, Messrs. Joseph J.
Bitter C. Robert Justmann, Walter
A. Pregler, Allan T. Thorns.
Nays—None.
There being no further business
Chairman Wayne A. Moldenhauer
moved that the Board of Health
meeting adjourn. Seconded by Mr.
Allam T. Thorns. Carried by the
following vote:
Yeas — Chairman Wayne A.
Moldenhauer, Messrs. Joseph A.
Bitter, C. Robert Justmann, Wal-
ter A. Pregler, Allan T. Thorns.
Nays—None.
Leo F. Frommelt
Clerk Board of Health.
February 12
Approved February 12 1973
Adopted February 12 1973
Clerk and of Health.
Special Session, December 18, 1972 577
CITY COUNCIL
(OFFICIAL)
Special session, December 18,
1972.
Council met at 7:30 P.M. (C.S.T.)
Present -Mayor M o 1 d enhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms. City Manager Gil.
bert D. Chavenelle.
Mayor Moldenhauer read the call
and stated that service thereof had
been duly made and this meet-
ing is called for the purpose of
amending zoning ordinance No. 3.34
by repealing section 2 of article
IV thereof and enacting a new
section 2 in lieu thereof establish-
ing and defining the use permitted
in a multiple residence district and
acting upon such other business
as may properly come before a
regular meeting of the Council.
Printed minutes of the meetings
of July, August and September 1972
presented for approval. Council-
man Pregler moved that the print-
ed minutes be approved as pre-
sented. Seconded by Councilman
Bitter. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilman Bitter, Justmann, Pre-
gler, Thoms.
Nays—None.
Communication of Congesssman
Culver submitting a list of initial
revenue sharing payments made
to Dubuque County, presented and
read. Councilman Pregler moved
that the communication be receiv-
ed and filed. Seconded by Council-
man Thoms. Carried by the follow-
ing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann, Pre.
gler, Thoms.
Nays—None.
Yeas — Mayor Moldenhauer,
Wuncilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Communication of Rossiter &
Hamm, architects and engineers,
stating that none of the offices
in the City hall would be forced
to be moved out during the course
of renovation, also 5o per cent
matching funds are available for
cleaning up exterior, replacing win-
dows and window frames, rein.
forcing the sagging wood joists
and beams with steel, repairing
the leaking foundation wall and
the concrete phase of the landscap-
ing presented and mad.
Councilman Pregler moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann, Pre-
gler. Thoms.
Nays—None.
Mr. Paul Rossiter submitted a
group of charts showing what is
intended in the line of renovation
to be done without removal of
the present offices in the City Hall.
Councilman Pregler moved that
the situation and proposition be
referred to the first work session
in February. Seconded by Mayor
Moldenhauer. Carried by the fol-
lowing vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann, Pre-
gler, Thoms.
Nays—None.
Communication of State Comp-
troller submitting instructions for
computing Revenue Share Funds,
presented and read. Asst Manager
Paul Fischer and Mike Brooks
Budget analyst presented work
charts to the Council showing pro-
jected revenue and expenditures
for the next three years.
Councilman Thoms moved that the
communication from the State
Comptroller be received and filed.
and the staff prepare a written
report which was given in oral
form. Seconded by Councilman Bit-
ter. Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann, Pre-
gler, Thoms.
Nays—None.
December 13, 1972
To the Honorable Mayor
and City Council
This is to advise that I have
approved the following policy and
desire to have your approval on
same.
COMPREHENSIVE LIABILITY
Louis Buechel, United States Fi-
delity & Guaranty Co.
Gilbert D. Chavenelle
City Manager
578 Special Session, December 18, 1972
Councilman Bitter moved for fil-
ing approval subject to approval
of the City Attorney. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e. r, Justmann,
Pregler, Thoms.
Nays — None.
Communication of City Manager
relative to consideration requesting
auditing of Water, Parking, Se-
wage Rental funds by a local C.
Y.A. firm, which must be done
prior to State audit, (forward from
last meeting) presented and read.
Mayor Moldenhauer moved that
the request, be granted. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
December 12, 1972
Honorable Mayor
and City Council
On January 7, 1970, there was
fi,ed a complaint for damages in
the United States District Court
for the Northern District of Iowa,
Eastern Division, in Civil Action
No. 70 -C -1001. -ED wherein Joseph
James Piluzza, as plaintiff, claim-
ed against Byrne O'Brien, John
L. Fangman, Merle P. Koch, Wil-
liam Von Ah, Gus Fecker and
Percy Lucas, as defendants, and
Police Officers of the City of Du-
buque, Iowa, damages in two
counts, one for violation of due
process in conducting an illegal
and improper lineup identification
of the plaintiff, Joseph James Pi-
luzza, and in count number two,
claim for damages for false ar-
rest. Each of said counts claimed
damages in the total amount of
$43,200.00 actual damages and puni-
tive damages in the sum of
$129,600.00.
That the City of Dubuque under-
took the defense of said matter
and on October 26, 1971, a Motion
for Default Judgment was filed
by the defendants against the plain-
tiff claiming that. the plaintiff had
not been produced for discovery
deposition contrary to order of
court, and thereafter, the court
entered an order dismissing the
action against the defendants if
plaintiff's deposition was not filed
by December 31, 1971. This was
a self-executing order and on said
date the action was dismissed for
the reason that the plaintiff could
not be located and was not to
be found and his whereabouts were
unknown and accordingly, could
not be produced for the discovery
deposition by the defendants.
Thereafter, on April 18, 1972, the
plaintiff filed in the United States
District Court for the Northern Dis-
trict of Iowa. Eastern Division,
a Motion to Vacate and Set Aside
the Court's Order filed November
10. 1971 dismissing the cause of
action and Motion to Modify Ds -
missal of Causes of Action which
was very strenuously resisted by
the defendants; notwithstanding,
the court entered an Order Re-
instating the Action and Setting
Aside the Order of Dismissal.
Thereafter, numerous discovery
depositions were had an both sides
and both parties and a Final Pre -
Trial Hearing was held at Cedar
Rapids, Iowa on December 11, 1972
at which all attorneys were pre-
sint and during the course of which
the case was set for trial on Ja-
nuary 22, 1973 al Cedar Rapids,
Iowa before a jury.
During the course of the Final
Pre -T r i a 1 plaintiff's attorneys
made an offer of settlement in
the amount of $2,500.00 in full set-
tlement and release and d smissal
of said action, of which amount,
the sum of $2,000.00 represents an
amount to be paid by the City.
It is the recommendation of the
City Attorney that said offer of
settlement in the amount of $2,500
be approved and that of said set-
tlement figure, the City of Dubuque
contribute thereto the sum of $2,(x1)
and that the City of Dubuque con-
tribute to the payment of the court
costs.
It is further recommended that
said warrant be transmitted to the
City Attorney together with the
costs in order that same may be
delivered upon receipt of Dismissal
of said cause with prejudice and
the final release and satisfaction
from the plaintiff and a final d,,
termination of this matter be made
prior to delivery of City's warrant.
R. N. Russo
City Attorney
Special Session, December 18, 1972 579
Councilman Pregler moved ap-
proval of the recommendation. Se-
conded by Councilman Bitter. Car.
I ied by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing to amend Ordinance
No. 3-34, known as the Zoning Map
and Zoning Ordinance, by repeal-
ing Section 2 of Article IV thereof
and enacting a new Section 2 of
Article IV in lieu thereof, pre-
sented and react. Councilman Preg-
ler moved that the proof of pub-
lication he received and filed. Se-
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen Bitter, Justmann,
Pregler, Thoms.
:Nays — None.
Communication of Delos Dorwei-
er showing some concern why his
property described as l.ot 5 of Lot
3 of Block 4 in Westchester Sub.
was omitted from the list of legal
descriptions in the proof of pub-
!ication amending Zoning 0 r d fi-
nance No. 3.34 by repealing Sec-
tion 2 of Article IV thereof, pre-
,ented and read. Councilman
Thoms moved that the communica-
tion be referred to the City Plan-
ner. Seconded by Councilman Bit-
er. Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Mr. Wm. Thill admitted that
pharmacies are not permitted as
accessory uses by petitioning to
relocate Taylor pharmacy. Mrs.
Dan Ames spoke against the phar-
macy idea due to the disruption
of their homes. Mr. Walter Clark
stated that the clinic should stay
where it is. Dr. Packard, repre-
senting the Medical Associates
Building Corporation, stated that
the adoption of the proposed or-
linance would be a deterent to
efficient operation to Medical As-
,ociaties and the hospital. The com-
munity needs good medical care.
The City at the present time is
in danger of a serious physician
Shortage because doctors are dis-
pleased with the city's attitude
The City has lost six physician,,,
during the past year. Attorney
Francis O'Connor, representing
Medical Associates, stated that if
the proposed amendment w a s
merely to win a lawsuit, then it
should be adopted. But if the in-
tent is to provide good zoning
around the hospital or hospitals
then it should be rejected. He knew
of no city in the country that
Prohibits pharmacies from locating
on hospital land. He again rei-
terated that Medical Associates
will move from 1200 Main Street
and they feel that Mercy is the
best place. There would be no
noticeable traffic increase and dis-
puted that Mercy Hospital acknowl-
edged accessory uses does not co-
ver pharmacies because the hospi-
tal is suing for a building permit.
Attorney Mike Meyers spoke re-
presenting the Mercy Medical Cen-
ter was of the opinion that the
Council by adopting the proposed
Ordinance would be acting arbi-
trarily.
At 11:21 P.M. Councilman Thoms
moved that the Council go into
executive session to discuss mat-
ters referred to in pending legis-
lation. Seconded by Councilman
Bitter. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Thoms.
Nays — Councilman Pregler.
Council reconvened in regular
session at 11:33 P.M.
ORDINANCE NO. 62.12
An Ordinance amending and chan-
cing Ordinance No. 3.34 known as
the "Zoning Map and Zoning Or-
dinance of the City of Dubuque,
Iowa" by repealing Section 2 of
Article IV thereof and enacting
a new Section 2 in lieu thereof
establishing and defining the uses
permitted in a Multiple Residence
District,
said Ordinance having been pre-
viously presented and read at the
Council meeting of December 18th,
presented for final adoption.
ORDINANCE No. 62-72
AN ORDINANCE AMENDIN ,AND
CHANGING ORDINANCE No. 3-34
KNOWN AS THE ' ZONIN , MAP
AND ZONIN ,
ORDINANCE OF THE
CITY OFIOWA"
EEINCSETION 2OFARTI-
CLE IV THEREOF AND ENACTIN
A NEW SECTION 2 IN LIEU THERE
OF ESTABLISHING AND DEFINING
THE USES PERMITTED IN A MUL-
TIPLE RESIDENCE DISTRICT.
580 Special Session, December 18, 1972
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. That Ordinance No. 3-34
known as the "Zoning Map and Zoning
Ordinance of the City of Dubuoue,
Iowa' be and the same is hereby
amended by repealing Section 2 of
Article IV thereof and enacting a new
Section 2 of Article IV in lieu there.
of as follows:
"ARTICLE IV"
"Section 2. Permitted Uses
(a) All permitted uses In the two fam.
family residence district.
(b) Multiple dwellings, which shall
include row houses, terrace dwell-
inps, town houses, apartments and
efficiency units.
(c) Hospitals, except animal hospitals,
hospital or sanitarium for the ex-
clusive use of the care of contagi-
ous, mental, drug or liquor addict
cases.
(d) Convalescent and rwrsinQ homes.
(e) Tourist homes, lodging houses,
boarding houses.
(f) Childrens homes and orphanages.
(9) Funeral home or mortuary after
Public hearinq and approval of the
Board of Zoning Adjustment.
(h) Professional offices or studios of
a physician, dentist, architect, en-
gineer, lawyer, reactor, Insurance,
musician or similar profmion,
within the following described
areas:
1. Beginning at a point on the east
line of Bluff Street one hundred feet
north of the north line of West
Ninth Street, thence east to the
center line of the alley first east
of Bluff Street, thence north along
the center line of the alley first
east of Bluff Street to the center
line of West Eleventh Street,
thence east on the center line of
West Eleventh Street to the center
line of the alley between Locus!
and Main Streets, thence north on
the center line of the alley between
Main and Locust Streets to the
north line of the middle 1/5 of the
City Lot 473, thence west along the
north line of the middle 1/5 of Cit,,
Lot 473, one hundred and fourteen
feet, thence south along the west
line of City Lot 473, (which is file
east hne of Locust Street extended)
and along the east line of Locust
Street to the south line of West
Fifteenth Street, thence west along
the south line of West Fifteenth
Street to the center line of Bluff
Street, thence south along the cen-
ter line of Bluff Street to the center
line of Loras Boulevard, thence
west along the center line of Loras
Boulevard to a point one hundred
feet west of the west line of Bluff
Street, thence south along a line
one hundred feet west of and Par-
allel to the west line of Bluff Street
to the north line of West Ninth
Street, thence east along a line
one hundred feet north of the north
line of West Ninth Street to a point
on the east line of Bluff Street one
hundred feet north of the north
line of West Ninth Street, which Is
the point of beginning.
2. Beginning at the point of the Inter-
section of the center lines of Loras
Boulevard and Walnut Streets,
thence east on the center line of
Loras Boulevard to a point one
ivundred and twenty feet east of the
east line of Prairie Street, thence
south on a line one hundred and
twenty feet east of the east line
of Prairie Street to the center
line of the alley first south of Loras
Boulevard, thence west along the
center line of the alley first south
of Loras Boulevard to the center
line of Prairie Street, thence south
along the center line of Prairie
Street to the point of the intersec-
tion of the center line of Prairie
Street and Chestnut Streets, thence
west along the center line of Chest
nut Street to thePoint of the Inter-
section of the center lines of Chest
nut Street and Walnut Street,
thence north along the center line
of Walnut Street to the center line
of Luras Boulevard, which Is the
Point of beginning.
3. Lot 6, Lot 1 of Lot 7, Lot 1 of Lot
8, south one hundred feet of Lot 9,
Reeder Langworihv's S.,dlvi, ion.
Lot 16 Lot 1A of Murphy's Subdi-
vision.
4. The area between Alta Vista Street
and Alpine Street and between the
south line of University Avenue
and a line one hundred feet sou'h
and parallel to the south line of
University Avenue.
S. In the area between West Fifteenth
Street and West Sixteenth Street
from Main Street to the alley firs'
west.
6. Beginning at the north line of West
Third Street, thence northerly In-
cluding the area between the west
line of Bluff Street and a line one
hundred feet westerly and parallel
to the west line of Bluff Street
northerly to the south line of Lot
5 of City Lot 653A, which is
proximately one hundred and for
feet south of the south line of West
Eighth Avenue.
7. Lot 1. Lot 2, and Lot 3 of Lot 2 of
City Lot 673 In theCity of Dubuque,
Iowa. (West 17th St. North Side
Betw. Main 6 Dorgan Place.)
8. Lot 1 of Subdivision of Lot 1 of Lot
2 of Lot 9 of Subdivision of Mineral
Lot 73; and
Lot 2 of Subdivision of Lot 1 of Lot
2 of Lot 9 of Subdivision of Mineral
Lot 73; and
Lot 1 of Massey Heights Addition
in the City of Dubuque, Iowa.
9. Lot 1 of Lot 2 of the Northeast
Quarter of the Southeast Quarter of
Section 27 Township 09 North,
Range 2 East in the City of Du
buque, Iowa (Now Lot 1 and Lot 2
Block 22 in "Key Knolls Subdivis-
ion").
10. Lots 3, 4, 5, Block 5, Westchester
Subdivision (Foothill Drive).
11. Lot 2 of Lot 2 of Lot 2 of Out Lot
670, All In the City of Dubuque,
Iowa.
12. Lot 2 and Lot 3 of Sidonla Hos-
ford's Subdivision In the City of
Dubuque, Iowa. (East side of No.
Grandview Ave. south of Delhi SI.)
13. The Westerly 5' of Lot 15, Mas
sey Heights; Lot 16, 17, 18. 19 and
20 each In Massey Heights; Lot 3
of Mineral Lot 72; Lot 3 of Part
of Mineral Lot 68.
14. Lot 2 of Lot 2 of Langworthy
Place, a subdivision of Lot 1 of Lot
3 of Lot 1 of Lot 2 of Lot 9 of Sub.
of Mineral Lot 73; Mineral Lot 69;
Mineral Lot 70; Lot 7 of Mineral
Lot 66; Lot 2 of Lot 2 of Mineral
Lot 66, except the southerly 100
feet thereof; Lots 1 through 17 in
Agnes Langworthy's Subdivision of
Mineral Lot 71; Lot 2 of Lot 1 of
Out Lot 731 except the southerly
100' thereof; Lot 1 of Lot 2 of Lot
1 of City Lot 732-
Lot 1 of Lot 1 of Lot 6 of Mineral
Lot 72;
Lot 2 of Lot 1 of Lot 6 of Mineral
Lot 72;
Lot 1 of Lot 2 of Lot 6 of Mineral
Lot 72;
Lot 2 of Lot 2 of Lot 6 of Mineral
Lot 72;
Lot 4A of Mineral Lot 72;
Lot 1 of Lot 4 of Mineral Lot 72;
Lot of Lot 2 of Lot 10 of Mineral
Lot 73;
Lot 1 of Lot I of Lot 5 of Mineral
41 72;
he vacated and deeded east 10
feet of Lot 11 of Massey Heights;
The west 50 feet of Lot 11 of Mas
sey Heights;
Lots 12, 13 and 14, each in Massed
Heights;
The easterly 35 feet of Lot 15 in
Massey Heights
Vacated Clara Street; Vacated Au-
gusta Street;
Vacated Peabody Street; Vacated
portion of James Street lying south
of Lanrorthy Avenue; The vacated
alley In Agnes Langworthv's Sub-
division of Mineral Lot 71.
(i) Off street parking within the fol-
lowing described area:
1. Beginning at the point of intersec-
tion of the westerly line of Locust
Street and the northerly line of
West Third Street, thence norther -
Iv on the westerly line of Locust
Street to the intersection of the
southerly line of West Fifth Street,
thence westerly along the southerly
line of West Fifth Street to the In.
tersection of the easterly line of
Bluff Street, thence southerly on the
easterly line of Bluff Street to the
intersectlon of the northerly line
of West Third Street, thence easterly
on the northerly line of West Third
Street to the Intersection of the
a
Special Session, December
18, 1972
581
westerly line of Locust Street which
s the point of the beginning.
and Engineering Department.
2. LM 1 of Langworthy Place and
Lot 10 Me SPY Heights,
Se.
COnded b y Councilman Pregler.
lit 2 In the areas described in section,
Carried by the following vote:
,) and 2 (1), no goods shall be
pu IIcIY displayed on the premises,
Yeas — Mayor Moldenhauer,
no establishment en.
Andgag Yuin lifthe business
Councilmen B i t t e r, Justmann,
rretaaill or wholesale anysmlaterial
drugsrOdUCt
sges
Pregler, Thoms.
or shall perm! tted thereicinsn
Nays — None.
rrher as a principal use or as a
use accessory to any principal use
herein permitted, and that no signs
ORDINANCE NO, 66.72
or advertisements are shown other
than the name and profession usingq
An Ordinance authorizing O.D.D.
the office or studio or the name of
the firm or Operator
Enterp'risls Inc. to Construct La-
using such
Parking las and that such sign or
nopyr
nameplate shall not exceed five
(S) square feet in area and that
presented and read.
such sign shall not be illuminated
(k)
:Mayor Moldenhauer moved that
Accessory uses or structures cus•
tomarity incident to any of the
permitted uses, sublect to the limit.
'he readiing just had to be con -
tatfon set forth in subsection' li
sidered the first reading of the
above
(1) Structures having historical and:
Ordinance. Seconded by Council -
or architectural significance and de-
man Pregler. Carried by the fdl-
stribed In subsection (h) hereof,
Board of special
rbet
lowing vote:
usttmenf used o,
the following:
Yeas — Mayor Moldenhauer,
Museums
Councilmen B i t t e r, Justmann,
Tours
Meeting Rooms
Pregler, Thoms.
Private Dinner Parties
Restaurant, Cabarets
Nays — None.
Gifops
Antiique Shops
Mayor Moldenhauer moved that
The City Council of the Ctiy of Du-
Duque, Iowa, shall,
the rule requiring an Ordinance
after public
hearing and consultation with civic
to be rend On three separate days
groups, determine whether a strut•
turn hes historic and/or architec.
be waived. Seconded ly Council -
y
rural significance and by appropri-
ate resolution shall designate the
man Pregler. Carried by the fol-
site as such and said site shall be
lowing vote:
considered commercial for the
limited Purpose of obtaining the
yeas — Mayor Moldenhauer
required permits for the above list
d U
;m) Mgbises.
Councilmen Bitter, Justmann,
It, home parks provided that
(1) The site shall contain a mini•
Pregler, Thoms.
mum of ten (10) acres of con.
Nays — None,
tiguous property.
(2) The plan meets the requirements
of the Mobile Home Park De
(OFFICIAL PUBLICATION(
velopment Policy."
ORDINANCE NO. 66.72
Passed, approved and adopted this
AN ORDINANCE AUTHORIZING
lath day of December, 1972.
O.D.D. Enterprises Inc. TO CON -
Wayne A. Moldenhauer
Mayor
STRUCT Canopy.
BE IT ORDAINED BY THE CITY
C Robert Justmann
COUNCIL OF THE CITY OF DU -
BUBUE, IOWA:
Joseph J. Bitter
Section 1. That 0. D. D. Enter -
Councilmen
Prises, Inc. as owners of the Prem -
ATTEST:
ises known as Merchants Hotel, City
Lao F. Fromelt
m
Lot 9 in the City of Dubuque be, and
Cl}v Clerk.
they are hereby granted the revoca-
Published otflcally in The Telegraph-
Ifera!d Newspaper this 21st day of
ble license and authority to construct
and maintain a Canopy under the
December, 1972.
terms and conditions set forth In this
Leo F. Frommelt
it 12;21
Ordnance
Section f. That such construction
shall be done in accordance with
Councilman Justmann moved fi-
plans heretofore submitted by Permit -
tees and approved by City Manager
nal adoption of the Ordinance. Se-
P
under the supervision and direction o1
the City Manager, and in accordance
conded by Mayor Moldenhauer.
with all applicable state and federal
laws and regulations, and the Ordl•
Carried by the following vote:
nansces of the City o1 Dubuque.
Section 3. That the permission here -
Yeas — Mayor Moldenhauer,
in granted Is expressly conditioned on
Councilmen B i t t e r, Justmann.
permittees agreement to:
a) Assume any and all liability for
damages to persons or Property
Nays — Councilman Thoms.
which may result from the ex•
Abstained — Councilman Preg-
istence, construction or main.
fenanCP of said Canopy;
b) To on behalf of the City of
ler.
pay
Dubuque all sums which the City
of Dubuque shall become obii-
pated to pay by reason of the
the City of
Petition of American Massage
(lability im sed upon
for
Parlor, William D. Buckner, re-
Dubuque damages of any
kind rrsultinq from the existence,
questing permission to construct
construction or maintenance
said Canopy, sustained by any
a marque in front of the building
dent or Persons, caused
at 320 Main Street, presented and
Its own expense and on behalf
read. Mayor Moldenhauer moved
of said City any claim against
the city of Dubuque arising out
that the petition be received and
of the existence, construction or
I maintenance 01 Canopy;
filed and the request granted sub-
; c) To indemnify and hold City of
free and harmless from
jest to approval of the Building
Dubuque
any end all claims, loss, liability
S82 Special Session, December 18, 1972
and expense for injuries to third
Personsor damages to property
of third persons, or for damage
to any pr ,v of City of Ou
bunue which may occur as a re-
sult of or in connection with the
construction, maintenance and re
pair of the facility, workor
Improvement permitted hereln.
Section 9. That the permission here-
in granted Is expressly conditioned
upon permittees further agreeent
Ihm
a: sh•o:rld the right and privilege
re-
voked granted
City rescinded
Permit-
lees, or their successors in Interest,
as owners of the abutting property,
shall within thirty (30i days after re-
ceipt of written notice from the City
Manager, so to do, at their own ex.
verse, remove said Canopy, and in
the event of their failure so to do,
the Ci:y of Dubuque shall be author.
ized to remove said Canopy, at Per-
mittees expense and dispose of the
same, and the Permittees shalt have
no claim against the City or its
g
aents for damages resulting from the
removal of said Canopy.
Section S. This Ordnance shall be-
come effective and the rights here-
under accrue to O.D.D. Enterprises
when this ordinance has been adopted
by the City Council and the terms
and conditions thereof a:ce.•ted by
permittees by acceptance endorsed on
this Ordinance.
Passed, adopted and approved this
Ifth day of December, A D., 1972 -
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Jusimann
Joseph J. Bitter
Councilmen
Attest: Leo F. Frommeit
City Clerk
ACCEPTANCE OF ORDINANCE
NO. 6672
The undersigned having read and
being familiar with the terms and
conditions of Ordinance No. 66-72
hereby, ffr themselves, their succes-
sors or assigns, as owners of the abut-
tinq Property, accept the same and
agree to be bound by the conditions
and agreements therein contained to
be performed by Permittees.
Dsted December 15, 1972
By L. Loyd Dalsinq
President or Vice-president
or Property Owner
By William Oster
Secretary or other Officer
Published officially in The Tele
graph -Herald Newspaper this 26th day
of December 1972.
Leo F. Frommelt
it. 12/26 City Clerk
Mayor Moldenhauer moved final
adoption of the Ordinance. Second.
cd by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Petition of Ecumenical Housing
and resubmission of a proposal
to purchase certain Urban Renewal
land for a housing project to be
constructed at 6th and Locust
Street in the urban Renewal area,
presented and read. Mayor Mol-
denhauer moved that the petition
be denied. Motion died for lack
of a second.
Councilman Pregler moved ap-
proval of the petition and that
proper proceedings be instituted
and a pubic hearing be held on
February 5, 1973..Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas — Councilmen Bitter, Just -
mann, Pregler, Thoms.
Nays — Mayor Moldenhauer.
RESOLUTION NO. 344-72
Declaring intent to sell a portion
of The Downtown Urban Renewal
Project, 1-wa R-15 to Ecumenical
Housing, Incorporated
WHEREAS, cruder date of 1)
cember 20, 1971, the Council of
the City of Dubuque approved and
aethorizcd the receiving of pro-
posals for the sane and redevelop-
ment of certain parc(q.; of real
estate in the Downtown Urban Re-
newal Project, Iowa R-15, and
WHEREAS, in response to said
offering, a proposal for the pur-
chase and redevelopment of a por-
ton of the Project Land was re.
ceived from Ecumenical Housing.
Incorporated, & d
WHEREAS, pursuant to Chapter
403 of the 1966 Code of Iowa, as
amended, and certain regulations
of the Department of Housing and
Urban Development, certain docu-
luents must be made available for
public inspection and a public hear-
ing conducted; now therefore,
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Du-
buque hereby declares its intent,
after a public hearing, to dispose
of Parcel No. 9 of Block 8 in
the Downtown Urban Renewal Pro
jest. Iowa R-15, to Ecumenical
Housing, Incorporated, in accor-
dance with the terms of the Dis-
position Documents governing such
sale on file in the office of the
Department of Urban Renewal.
Section 2. That the City Clerk
be and is hereby authorized and
directed to publish notice of pub-
lic hearing to be hi ld on Feb-
ruary 5, 1973 and to make cer-
tain docurnents available for pub-
lic inspection. Such notice shall
be substantially in the form of
Exhibit "A" attached hereto and
made a part hereof, and such no
Lice may cover one or more pro-
posals.
Special Session, December 18, 1972 583
Passed, approved, and adopted
this 18th day of December, 1972.
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph .1. Bitter
Councilmen
Attest:
Leo F. Frommeat
City Clerk
EXHIBIT "A"
LEGAL NOTICE OF HEARING
Pursuant to Chapter 403 of the
1966 Code of Iowa, as amended,
the City Council of the City of
Dubuque will hold a public hearing
for the purpose of considering the
authorization of the execution of
proposed agreements by and be-
tween the City of Dubuque and
the developers hereinafter listed
for the purchase and redevelop-
ment of certain parcels of real
estate located in the Downtown
Urban Renewal Project, Iowa R-
15, which project includes the area
bounded by Fourth Street on the
south, Central Avenue on the east,
Ninth Street on the norih, and
Locust Street on the west.
Name of Developer, Ecumenical
Housing; Incorporated, Address,
1229 Mt. Loretta, Dubuque, Iowa.
Said hearing will be held in
Council Chambers, City Hall, 13th
and Iowa Streets, Dubuque, Iowa,
at 7:30 P.M. on the 5th day of
February, 1973, and any person
or organization desiring to be
heard will be given an opportunity
to be heard on the question of
the proposed dispositions.
A "Redeveloper's Statement for
Public Disclosure" in the form pre-
scribed by the Department of Hous-
ing and Urban Development and
the: proposed "Disposition Agree-
ment" for each of said developers
are on file and available for in-
suection at the: office of the Citv
Clerk, City Hall, Dubuque, Iowa
belween 8:00 A.M. and 5:00 P.M.
except Saturdays, Sundays, and ho-
liday,s. Said documents shall also
be avai-lable at the time of the
public hearing.
2 t. 12-26, 1.2-79
Leo F. Frommelt
City Clerk
Councilman Pregier moved adop-
tion of the resdution. Seconded
by Council nan Thoms. Carried by
the following vote:
Peas — Councilmen Bitter, Just -
mann, Pregler, Thoms.
Nays — Mayor Moldenhauer.
Petition of Dubuque Municipal
Airport requesting permission to
charge $1.00 per person for people
boarding a commercial aircraft,
monies so collected be set aside
in a separate fund for needed ex.
penditures in the next two or three
years, presented and read.
Councilman Justmann moved
that the petition be granted and
the revenue be placed in Airport
funds. Seconded by Mayor Molden-
hauer. Vote on the motion was
as follows:
Yeas — Mayor Moldenhauer,
Councilman Justmann.
Nays — Councilmen Bitter. Preg-
ler, Thoms.
MOTION FAILED.
Councilman Pregler moved that
the petition be referred back to
the Airport Commission, the Coun-
cil is amenable to the tax but
need a more comprehensive re-
port. Seconded by Mayor Molden-
hauer. Carried by the following
vote:
Peas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler.
Nays — Councilman Thoms.
Petition of John Duggan et al
requesting extension of sanitary se-
wer facilities covering approxima-
tely 40 acres of land in the City
Limits, in the Kelly Lane area,
Presented and read. Councilman
Pregler moved that the petition
be referred to the Manager and
Engineering Department. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
December 8, 1972
To the Honorable Mayor
and City Council
The construction of Intersection
of U.S. Highway *20 and John
F,Kennedy Road, Signali:ation
and Lighting and work incidental
there to in and for the City of
Dubuque, Iowa has been substan-
tially completed in accordance with
plans, specifications and the con-
384 Special Session, December 18, 1972
tract by and between Moldt Elec-
tric Service Inc, of Dubuque and
the City of Dubuque, Iowa.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the communication be received and
filed. Seconded by Councilman
Justmann. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
FINAL ESTIMATE
RESOLUTION NO. 395-72
WHEREAS, the contract. for In-
tersection of U.S. Highway X20
and John F, Kennedy Road Traf-
fic Signals and Lighting has been
completed and the City Engineer
has submitted his final estimate
showing the cost thereof including
the cost of estimates, notices, in-
spection, and preparing the asses -
meat and plat, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$48,762.04.
That None of the dost thereof
shall be assessable upon private
property and $48,762.04 shall be
paid from the Road Use Tax Fund
of the City of Dubuque.
Passed, adopted and approved
this 18th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Fnommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas -- Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
(A Resolution Accepting
I mprovement )
RESOLUTION NO 396-72
WHEREAS, the contract for the
Intersection of U.S. Highway #20
and John F. Kennedy Road Traffic
Signals and Lighting has been com-
pleted and the City Manager has
examined the work and filed his
certificate stating that the same
has been completed according to
ther terms of the contract, plans
and specifications and recommends
its acceptance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer be and
he is hereby directed to pay to
the contractor from the funds to
be realized issued upon the above
described improvement in amount
equal to the amount of his con-
tract, less any retained percentage
provided for therein.
Passed, adopted and approved
this 18th day of December, 1972.
Wayne A. Moldenhauer.
Mayor.
Walter A. Pregler
Allan T. Tboms.
C. Robert Justmann
Joseph J. Bitter.
Councilmen.
Attest:
Leo F. Frommelt
City Clerk.
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Moldenhauer
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
RESOLUTION
WHEREAS, The County of Du-
buque and the City of Dubuque
buque have engaged the archi-
tectural firm of Durrant-Deininger-
Dommer-Kra mer -Gordon, P.G. in
connection with designing of a
Joint County -City I.aw Enforce-
ment
nforce-
ment Center: and
WHEREAS, said architects have
tendered a standard form of Agree-
ment for execution by the County
of Dubuque and City of Dubuque:
and
WHEREAS, County of Dubuque
finds the same should be approved
and execution thereof authorized.
NOW THEREFORE BE IT RE-
SOLVED BY THE BOARD OF SU-
a
Special Session, December 18, 1972
PERVWRS OF THE COUNTY ---
OF DUBUQE, IOWA,
Section I. That the Agreement
by and between City of Dubuque
and Dubuque County, Iowa, as
owners, and Durrant-Deininger-
Dommer-Kramer-Gordon, P.G., as
architects, be and the same is
hereby approved.
Section 2. That the Chairman
of the Board of Supervisors and
the Auditor of Dubuque County,
Iowa be and they are herby au-
thorized to execute said Agreement
for and on behalf fo the County
of Dubuque, Iowa.
Passed, approved and adopter]
this 12th day of December, 1972.
Leo N. Schueiler
Chairman, Board of
Supervisors
Louis C. Barrett
Donald C. Meyers
Supervisors
Attest:
Harold P. Meloy
Auditor
Councilman Pregler moved that
the resolution be received and
made a matter of record. Second-
ed by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays—None.
RESOLUTION NO. 397.72
WHEREAS, The Westminster
Presbyterian Church of Dubuque,
Iowa, a-k.a Westminster United
Presbyterian Church of Dubuque,
Iowa has delivered Warranty Deed
dated the 28th day of November,
1972, conveying to the City of Du-
buque, Iowa, the following dewrib-
ed real estate, to -wit:
Lot 2 of Westminster Presby-
terian Church Place in the City
of Dubuque, Iowa
and
WHEREAS, the delivery of said
deed to the above entitled real
estate should be accepted by the
City of Dubuque.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF TIIE CITY OF DUBUQUE,
IOWA:
Section 1. That the Warranty
Deed of The Westminster Presby-
terian Church of Dubuque, Iowa,
a -k -a Westminster United Presby -
585
terian Church of Dubuque, Iowa
dated November 28, 1972, convey.
ing to the City of Dubuque, Iowa,
the following described real estate:
Lot 2 of Westminster Presby-
terian Church Place in the City
of Dubuque. Iowa
be and the same is hereby accept-
ed.
Section 2. That the City Clerk
be and he is hereby directed to
record said Deed in the office of
the Dubuque County Recorder.
Section 3. That the above de-
scribed real estate be and the same
is hereby designated as part of
University Avenue of the City of
Dubuque, Iowa.
Passed, approved and adopted
this 18th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Oleck
Councilman Pregler moved adop-
tion of the resolution Seconded by
Mayor Moldenhauer. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
Resolution submitted by Council-
man Bitter calling for the appoint-
ment of a Citizens Freeway Study
Committee consisting of nine mem-
bers, by Mayor and Council con-
currence, presented and read. Ma-
yor Moldenhauer moved that the
resolution be referred to the first
meeting in February. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregleu•, Thorns.
Nays — None.
December 7, 1972
To the Honorable Mayor
and City Council
The construction of 1971 Land-
scaping Project and work inciden-
tal there to in and for the City
cf Dubuque, Iowa has been sub-
stantially completed in accordance
with plans, specifications and the
386 Special Session, December 18, 1972
Contract by and between Wagner
Nursery of Dubuque and the City
of Dubuque, Iowa.
Gilbert D. Chavenell
City Manager
Councilman Pregler moved that
the communication be received and
filed. Seconded by Mayor Molden-
hauer. Carried by the following
rote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays -- None.
FINAL ESTIMATE
RESOLUTION NO. 398.72
WHEREAS, the contract for the
1971 Landscaping Project has been
completed and the City Engineer
has submitted his final estimate
showing the cost thereof including
the cost of estimates, notices, in-
spection, and preparing the asses-
ment and plat, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$S9,874.93.
That None of the cost thereof
shau be assessable upon private
property and $69,874.93 shall be
paid from the Road Use Tax Fund
of the City of Dubuque.
Passed, adopted and approved
this 18th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by tate following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann
Pregler, Thoms.
Nays — None.
(A Resolution Accepting
Improvement)
RESOLUTION NO. 399.72
WHEREAS, the contract for the
1971 Landscap;ng Project has been
completed and the City Manager
has examined the work and filed
his ceritifcate stating that the same
has been completed according to
the terms of the contract, plans
and specifications and recommends
its acceptance, now therefore,
BE IT RESOLVED, by thCity
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer, be and
he is hereby directed to pay to
the contractor from the funds to
be realized issued upon the above
described improvement in amount
equal to the amount of his con-
tract, less any retained percen-
tage provided for therein.
Passed, adopted and approved
this 18th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walt.ea A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommebt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
'he followin, vote:
Yews — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 400-72
Authorizing the execution of a cer-
tificate of completion for Kenneth
A. Hartig
WHEREAS, under date of March
31, 1971, the City of Dubuque en-
tered into a Contract for the Sale
of Land for Private Redevelopment
with Kenneth A, Iiartig for the
real estate hereinafter described;
and
WHEREAS, under the terms of
said contract the subject real es-
tate was conveyed by the City
of Dubuque under date of April
5, 1971, to Kenneth A. Hartig who
constructed thereon certain i m-
provements; and
WHFrREAS, Section 307 of said
contract provides that upon eom-
pletion of the improvements the
City of Dubuque will furnish Ken-
Special Session, December 18, 1972
587
neth A. Hartig a Certificate of
Completion; and
WUEREAS, it has determined
the required improvements have
been satisfactorily completed; now
therefore
BE IT RESOLVED BY THE CI-
TY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor and
City Clerk be and they are hereby
authorized and directed to execute
a Certificate of Completion for
Kenneth A. Hartig for the improve-
ments located on Block 11 in Du.
buque Downtown Plaza in the City
of Dubuque. Iowa, situated in the
Downtown Urban Renewal Project,
Iowa R-15.
Section 2. That the Clerk be and
he is hereby authorized and di-
rected to file a copy of this re-
solution and the executed copy of
the Certificate of Completion in
the office of the County Recorder
u; and for Dubuque County, Iowa.
Passed, approved and adopted
this lath day of December, 1972.
Wayne A. Moldenhauer
Mayor
Waiter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas Mayor Moldenhauer,
Councilmen B i t t e r, JuEtmann,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 401.72
Authorizing the execution of a Cer-
tificate of Completion for Ames
Realty, Inc.
WHEREAS, under date of August
12, .1870, the City of Dubuque en-
tered into a Contract for the Sale
of land for Private Redevelop-
ment with Ames Realty, Inc. for
the real estate hereinafter describ-
ed; and
WIIEREAS, under the terms of
said contract the subject real es-
tate was conveyed by the City
of Dubuque to .Ames Realty, Inc.
who constructed thereon certain
improvements; and
WHEREAS, Section 307 of said
contract provides that upon com.
pletion of the improvements the
City of Dubuque will furnish Ames
Realty, Inc. a Certificate of Com-
pletion. and
WHEREAS, it has determined
that the required improvements
have been satisfactorily complet-
ed; now therefore
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Mayor and
City Clerk be and they are hereby
authorized and directed to execute
a Certificate of Completion for the
.Ames Rralty, Inc. for the im.
provements located on Lot 1 of
Block 2 in Dubuque Downtown Pla-
za in the City of Dubuque, Iowa
situated in the Downtown Urban
Renewal Project, Iowa R-15.
Section 2. That the Clerk be and
he is hereby authorized and direct-
ed to file a copy of this resolution
and the executed copy of the Cer-
tificate of Completion in the office
of the County Recorder in and
for Dubuque County, Iowa.
Passed, approved and adopted
this 18th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
i.co F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Proof of Publication, certified to
by the Publishes, of opportunity
for public hearing as to the con-
templation of widening and recon-
struction and purchase of several
parcels of property at the inter-
section of Tenth and Bluff at the
intersection of Locust and extend-
588 Special Session, December 18, 1972
ing easterly to the intersection of
Bluff St. then south to the inter -
of Ninth Street. presented
and read.
No wTitten 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. Seconded by
Mayor Moldenhauer. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter. Justmann,
Pregler, Thoms.
Nays — None.
Proof of Publication, certified to
by the Publisher, of opportunity
for public hearing as to the con-
templation of widening and recon-
struction of University Avenue
from Loras to Gilliam Streets, pre-
serAed and read. No written objec-
tions were filed and no oral ob-
jectors were present in the Council
Chamber at the time set for the
Public hearing. Councilman Preg-
ler moved that the proof of pub-
lication be received and filed. Se-
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 402-72
WHEREAS, the City of Dubuque
has applied to the Iowa State High-
way Commission for funding of
the Ninth and Bluff, Tenth and
Bluff reconstruction project under
the Federal TOPICS Program.
WHEREAS, the Iowa State High-
way Commission has reviewed the
application and is requesting Fe-
deral Highway Administration ap-
proval of the Location and Design
Study.
WHEREAS, it is required by the
Federal Highway Administration
that Public Notice be given that
the Iowa State Highway Commis-
sion is applying for approval of
the Location and Design Study.
NOW, therefore, be it resolved
by the City Council of the City
of Dubuque, Iowa, that the City
Clerk shall publish said notice as
shown on the attached "Exhibit
A."
Passed, adopted, and approved
this 18th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
Joseph J. Bitter
Councilmen
.Attest:
Leo F. Frommelt
City Clerk
"EXHIBIT A"
STATE OF IOWA
COUNTY OF DUBUQUE
OFFICIAL NOTICE OF "LOCA
TION AND DESIGN" APPROVAL
REQUESTED IN RE: Proposed
design of TOPICS Project Num-
ber T-735-7(2)-46 31, intersections
of NINTH a2 BLUFF and TENTH
at BLUFF.
TO WHOM IT MAY CONCERN:
Notice is hereby given to all
interested persons that the Iowa
State Highway Commission is re-
questing "Location and Design"
approval from the Federal High-
way Administration on the above
described projectas follows:
LOCATION AND DESCRIPTION
The proposed project includes re-
alignment of Tenth Street from
the West curb of Locust Street
to the East curb of Bluff Street
also realignment of the Northwest
radius at the intersection of Ninth
and Bluff. Interconnected traffic
signals will be built at the inter-
sections of Ninth at Bluff a n d
Tenth at Bluff. Two overhead Sign
supports will be errected on Tenth
Street and on Bluff Street. The
realignment of Tenth Street will
require acquisition of three build-
ings located at; 958 Bluff, and
968 Bluff.
Drawings and specifications are
available for Public Viewing at
the office of the City Engineer,
City Hail, Dubuque, Iowa.
Leo F. Frommelt
City Clerk of City
of Dubuque, Iowa
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thorns.
Nays — None.
Special Session, December 18, 1972. 589
Proof of Publication, certified to
by the Publisher, of Notice to con.
tractors of taking of bids for con-
struction of Waste Water Treat.
ment Facilities Phase II, Contract
IIB, Grit Grease unit cover heat.
ing and ventilating modification,
Exhaust Air scrubbers, Flow me-
tering and sampling, electrical,
presented and read.
Councilman Pregler moved that
the FA oof of publication ber e-
ceived and filed. Seconded by Ma-
yor Moldenhauer. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregle,r, Thoms.
Nays — None.
December 18. 1972
To the Honorable Mayor
and City Council
Waste Water Treatment Facilites
Phase II — Contract IIB
On December 5, 1972 we r e.
ceived proposals for the Rebid of
Phase II — Contract IIB on the.
subject project. Only two bids were
submitted, those form the M. F.
Goerdt Construction Company and
the Moorehead Construction Com-
pany. These are the same two
firms who bid the original con-
tract. We are somewhat disappoint-
ed that more interest could not
be generated an the Rebid.
We sent notification of this Re-
bid to five publications and re-
quested them to publish articles
concerning this. Plans and specifi-
cations were taken out by some
thirty firms. Our consultants indi-
cated that at least four firms were
working up bids on the project;
however, only two proposals were
received.
The low bid was submitted by
the M. F. Goerdt Construction
Company in the amount of $918,952.
The consultant's estimate on the
program was $700,000• While the
project is admittedly a difficult
one from a contractor's stand.
point, we have come to the con-
clusion this is the best price that
can be secured on the work in-
volved. The summary of the total
costs of this phase of the con.
struction for a complete covering
system with exhaust air scrubbing
for odor control is as hollows:
Conti -act II A (Dow D o m e s)
$517,123.
Contract II B (;Scrubbing, Deo-
dorization) $918,952.
Subtotal $1,436,075.
Engineering, contingency $143,800.
Total $1,579,675,
We had hoped to complete the
construction for approximately
~1,300,000. However, al this point
we have a commitment, to the
community to proceed with the
covering and we have an excellent
bid from Dow Domes for that sec-
tion of the program. Therefore,
it is our recommendation the con.
tracts be awarded subject to the
concurrence of the State and EPA
and that we proceed with the con.
struction. We feel that cutting back
and changing the scope, the pro.
posed work and rebidding a third
time would not result in substantial
cost reductions and could have a
detrimental effect on the proposed
deodorization system.
We should examine the risks in-
volved in proceeding with this con.
tract as far as the city is con-
cerned. First of alil, we presently
have an 80% grant on all of Phase
I1. This grant will be increased
early in 1973 to cover the present
estimated costs of the program.
We have also been advised by
EPA that we will receive periodic
reimbursement of their share of
Contract II Construction as the
work progresses. These payments
will be made providing we pro-
ceed in good faith in the develop-
ment of the remaining contracts
in Phase 11. The final design of
Phase II will be completed when
industry concurrence on loadings
and cost recovery is completed
later this month.
The city's 20% share of the pro-
posed construction for covering and
deodorization is $345,935. Based on
the original estimate of $1,300,000
the anticipated local share was
$2119,964. By proceeding with the
construction as bid, the city is
committing itself to an ultimate
additional expense of $45,971.
other areas which at the present
time remain uncompleted, but
which must be resolved in the
next few months, are the opera-
tional cost deficit and rate. situa-
Won. This cannot be finally settled
until major industry commits on
a basis of design and cost partici-
pation arrangements are drafted.
1590 Special Session, DeCenrber 18, 1972
These are contingent problems
which seriously affect our Phase
11 plans. However, we are com-
mitted to proceed with Lhe cover-
ing and deodorization. This has
a minimal effect on the operational
budget and we are financially ca-
pable of bearing the construction
costs. Our present Federal -State
Grant, coupled vk1th retroactive
State and possible Federal funds,
cases this burden.
It is our feeling that EPA and
the State Department of Health
wif3 approve the bids as received,
and it is our recommendation that
the City Council award these con-
tracts subject to Federal and State
concurrence.
Gilbert D. Chavenelfe
City Manager
Councilman Pregler moved that
the recom.memdation be approved.
Seconded by Mayor Moldenhauer.
Carried by the following vote:
Yeas — Mayor Moklenbauer,
Councilmen B i. t t e r, Justmann,
Pregler, Thom&.
Nays — None.
( Awarding Contract)
RESOLUTION NO. 403.72
WHEREAS, sealed proposnls
have been submitted by contrac-
tors for the Phase 11 Waste Water
Treatment Facilities Contract IIA
pursuant to Resolution No. 261-
72 and notice to bidders published
in a newspaper published in said
City on August 11, 1972 and Au.
gust 18, 1972; and
WHEREAS, said sealed propo-
sals were opened and read on Sep.
tember 7, 1972, and it has been
determined that the bid of Dow
Chemical Co. of Midland, Michi-
gan 48640 in the amount of $517,123
was the lowest bid for the fur.
noshing 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
thatthe contract for the above
mentioned improvement be award-
ed to Dow Chemical Company, sub -
*t to the approval of EPA and
the State Department of Health
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 perfor-
inance 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
Ls authorized and instructed to re-
turn the bid deposits of the un-
sucresufui bidders.
Passed and adopted this 18th day
of December, 1972.
Wayne A.
Moldenhauer
Mayor
Walter A.
Pregler
Allan T.
Thoms
C. Robert Justmann
Joseph J.
Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilmnin Pregler moved adop-
tian of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas — Mayor Moldenhauer.
Cotmeilmen B i t t e r. Justmann.
Pregker, Thorns.
Bays — None.
(Awarding Contract)
RESOLUTION NO. 404.72
WHEREAS, sealed proposals
have been submitted by contrac-
tors for the Phase II — Contract
II — Treatment Plant Improve-
ments Contract IIB pursuant to
Resolution No. 337-72 and notice
to bidders published in a news-
paper published in said City on
November 9, 1972 and November
16, 1972; and
WHEREAS, said sealed propo•
sail were opened and read on De-
cember 1.5, 1972, and it has been
determined that the bid of M, F.
GoeTdt Construction Co. of Dubu-
que, Iowa in the amount of
$918,952.00 was the Itnvest bid for
the furnishing of all labor and
materials and performing the work
as provided for in the plans arab
specifications; 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 M. F. Uoerdt Construction
Co., subject to approval of State
lleal-th D013artment and EPA and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work.
21
Special Session, December 18, 1972 591
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-
••.iccessful bidders.
Passed and adopted this 18th day
of Icember, 1972.
Wayne A. Moldenhauer
M ay or
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Couwilmen
Attest:
I.eo F. From melt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Peas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 405-72
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sake of Ci-
garettes within the City of Du-
buque, Iowa, be grained a permit
to sell Cigarettes and Cigarette
papers within said City.
Robert C. Barker (Effective Jan.
2, 1973), lom White Street
BE IT FURTHER RESOLVED
that the bonds filed with the ap-
plications be approved.
pa.vsad, adopted and approved
this 18th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Wallter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Ixo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Peas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregber, Thoms.
Nays — None.
RESOLUTION NO. 406-72
WIJEREAS, applications for Beer
permits have been submitted to
this Council for approval and the
same have been examined; NOW
THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following applica-
tions be granted and permits is-
sued upon the compliance with the
terms of the ordinances of the
City.
CLASS "B" BEER PERMIT
William Joseph Baum, 31655 Cen-
tral Avenue
CLASS "C" BEER PERMIT
Donald L:. Wertz, 1545 S. Grand-
view Avenue
John J. Heiderscheit, 1278 Cen-
tral Avenue
Passed, adopted and approved
this 18t.h day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thorns
C. Robert Justmann
.Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommek
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter, Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays -- None.
RESOLUTION NO. 407-72
WHEREAS, applications for Beer
permits were fined 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 "B" BEER PERMIT
William Joseph Baum, 3165 Gen
tial Avenue
592 Special Session, December 18, 1972
CLASS "C" BEER PERMIT
Donald E. Wertz, ;545 S. Grand-
view Avenue
John J. Heiderscheit, 1278 Cen-
tral Avenue
BE IT FURTHER RESOLVED
that the bonds filed by such ap-
plicants be and the same are here-
by approved.
Passed, adopted and approved
this 18th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 408-72
WHEREAS, applications for Li-
quor 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
com,pliante 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
Robert C.
Barker, lo97 White Street
Passed,
adopted and approved
this 18th
day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer.
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 409-72
WHEREAS, applications for Li-
quor licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the State Law and ail City or-
dinances 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 ap-
plicants a Liquor license.
CLASS "C" (COMMERICAL)
BEER & LIQUOR LICENSE
Robert C. Barker, 1091 White Street
Passed, adopted and approved
this 18th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Preglex
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Mayor Moldenhauer's weekly
mayor's report, dated December
17, 1972, presented for the record.
Councilman Pregler mc,ved that
the communication be received and
tiled. Seconded by Councilman Bit-
ter. Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoms.
Nays — None.
Mr. Phil Langas again addressed
the Council relative to the proc.ure-
Special Session, December 18, 1972 593
ment of a class B beer license ,
for 110.5 Loras. i
Councilman Bitter moved that
the application be denied. Second-
ed by Mayor Moldenhauer. Car-
ried by the following vote:
Yea's — Mayor Moldenhauer,
Councilmen Bitter, Pregler, Thoms
Nays — Councilman Justmann.
There being no further business
Councilman Pregler moved to ad-
journ. Seconded by Councilman
Bitter. Carried by the following
vote:
Yeas — Mayor Moldenhauer,
Courwilmen Bitter, Justmann,
Pregler, Thoms.
Nays — None.
Leo F. Frommelt
City Clerk
r:ebruary 12
Approved February 12 1973
Adopted February 12 1973
OFFICIAL PROCEEDINGS
OF THE
CITY COUNCIL
OF THE
CITY OF DUBUQUE
IOWA
FOR THE YEAR
1973
CITY OFFICERS FOR THE YEAR 1973
COUNCILMEN
JOSEPH J. BITTER, Mayor
C. ROBERT JUSTMANN WAYNE A. MOLDENHAUER
WALTER A. PREGLER ALLAN T. THOMS
CityClerk............................................................LEO F. FROMMELT
CitySolicitor....................................................................R. N. RUSSO
Assistant City Solicitors ....................................WILLIAM G. BLUM
JOSEPH P. ZWACK
MUNICIPAL COURT JUDGES
FRANK D. GILLOON JR. KARL KENLINE 4/2/73
WAYNE A. NORMAN JR. 6/18/73
Municipal Court Clerk ....................................JOSEPH A. STIEBER
Municipal Court Bailiff ............ELMER D. JOHANNINGMEIER
Municipal Court changed to Iowa District Court as of July 1, 1973
CITY MANAGER
GILBERT D. CHAVENELLE
Assistant City Manager ........................PAUL H. FISCHER 6/22/73
FRANCIS A. MURRAY 8/27/73
Administrative Assistant ........................ ..GERALD J. KOPPES
Budget Analyst g Y ••••-••••••• ................MICHAEL E. BROOKS 8/20,/73
Personnel Director ........................................WALTER K. BOCKES
Program Planner................................................PAULINE J. JOYCE
Finance Director Engineer......................................................
..........,. .....................A. G. HEITZMAN
Ci
ep Finance Director..... .................................................... .GERALD HIRD
ty E .................. .....JOHN L. WHITE
Chi...........................................................
i Assessor ..................... .JAMES J. GREGORY
ef of Fire Department •
p ........................ ROBERT N. DUNPHY
Chief of Police .................................................ROBERT
Civil Defense Director J. O'BRIEN
Supt. of Water Works ............................................BEN J. O'LEARY
Street .J. J. HAIL
Commissioner '
MERLE FELDERMAN
Director of Recreation ............................RICHARD
Planning Director J• SLATTERY
Building Commissionnerer..... ...............•...DANIEL DITTEMORE
..........
Electrical Inspect DONALD J. BANDY
Heating, Ventilating Ins .... ....... ••-.... "'EDWARD O. ALBER
Health Director
Ventilating pector ................ROY SPRENGLEMEYER
................................KENNETH K. HAZLET, M.D.
Health Administrator
Sanitary J. ROTH
Officer ..... ............................A.
Food and Restaurant Ins ector "••'LAVERNE GOERDT
PlumbingIn p M, ILDRED KENNEDY
Library irecortor.,...... RICHARD FEYEN
Supt ......................
•••••.WILLIAM G. ULI MER
of Parks....................................................RICHA
Airport Manager RD KRAMER
Urban Renew 'ire .................................. .....JEFF MO
al Director ........................GENT M, WI LII)
— TTENBF,RG
Regular meetings of the City Council are held on the First
Monday of each month at 7:30 P,M•
INDEX—BOOK 1.03
1973 SUBJECT Page
A
Jan. 2—American Trust & Savings Bank, appointed depository
of public funds . ..........................................................
5
2—Audit of City Financial condition and transactions for
1972 to be. conducted by the Auditor of the State,
and audit of Water, Parking Facilities and Sew-
age Rental Funds to be contracted by O'Connor,
Brooks and Company ...........................................
7
Z—Alba Cruso A., requesting refund on Cigarette Permit
No. 204 . ........................................................................
13
2—ANNEXATION of 0.763 acres of land requested by
Richard C. & Mildred L. Henschel. ....13, 52, 53.108, 161
2—Andresen Thomas, granted Class "C" Beer & Liquor
Permit. ..........................................................................
30
16--A-1 Plumbing Cooling & Heating Co., requesting per-
mission to excavate at 2900 Central Ave . ............
42
16 --American Legion Auxiliary, requesting permission
to conduct a Poppy Day . ........................................
42
22—Airport Commission, recommending that a $1.00 head
tax be charged to all passengers using the Mu-
nicipal Airport, including all charter operations.
45
22--Arensdorf Robert and Sharon, claim denied . ............
46
29—Asbury Park Subdivision Sanitary Sewer 1972, com-
pleted and a?cepted . ....................................63, K 127, 129
Feb. 12—Agreement between City and Thermolyne Corporation
covering real estate in "River Front Subdivision
No. 3"...........................................................................
81
12—Agreement between City and Illinois Central Gulf Rail-
road Company in connection with the Center
Grove Valley Interceptor Sanitary Sewer Project.
82
12—Assistant City Manager, submitting resolutions for
matching funds for the financing of the County -
City Law Enforcement Center .................................
83
Mar, 6—Althaus Dennis Albert, granted Class "B" Beer Permit.
131
6 --Apartment Ltd. The, grantedClass "C" Liquor Permit.
132
12^—Area Residential Care Inc., extending invitation to
attend an open Forum to be presented at St.
RosePriory . ................................................................
133
26 --Advisory Commission, requesting a change in their By -
Laws calling for an automatic recommendation to
Mayor and Council for replacement on boards
and commissions of any member who misses four
regularly scheduled meetings . ........................157, 174, 232
2&.—Advisory Commission, recommending that if Plumbing
Board is paid $5.00 per meeting, the Electrical,
Heating, Ventilation, Air Conditioning & Refrig-
eration Board should likewise be paid, not ex-
ceeding 12 meetings per year . ............................
April 2—Area one Voc-Tech School requesting permission to
house numbers n curbs to raise funds, ....
174
paint
16 --Adams Ronald, granted Cigarette Permit . ....................
219
224
23Arensdorf Robert J., Notice of Claim . ........... ................
—
23—Annexation Policy, to be drafted and adopted by the
Planning & Zoning Commission . ............................229,
356
235
30—Alley Parking Prohibited, (ordinance No. 20-73) . ........
May T—Artus Merlin Mrs., objecting to "X" rated movies being
243
shown at the Orpheum Theatre . ............................
7 --Altman John R., sidewalk bond . ....................................
7 —Alley between Cherry Street and Pennsylvania Av-
244
enue, recommendation of the Planning & Zon-
ing commission that the alley not be vacated...
245
7—Ambrusy Vincent, approval of condemnation award
in the amount of $27,000. Denied ........................247,
610
14—Adams June Mrs., Notice of Claim . ............................
of property in M. L. 323, M. L. 324 and
258, 390
14—ANNEXATION
in O'Neill's Riverview requested by Merl
Lot 94
F. Goerdt et. al . ............... ........................ ........ .. 259,424,
483
INDEX—BOOK 103
1973 SUBJECT
Page
" 21—Advisory Commission, accepting the recommendation
of the Administration concerning revenue shar-
ing expenditures.........................................................
276
" 21—A-1 Plumbing, Cooling & Heating Co., requesting per-
mission to excavate in 16th Street .........................
277
" 21—Airport Commission, recommending a head tax and re-
questing hte City Solicitor to prepare proper
procedmgs...................................................................
279
,lune 4—ANNEXATION of 7.612 acres lying south of U.S. High-
way 20, owned by Romac Incorporated, recom-
mended by the Planning & Zoning Commission.
................................................................................ 305,
324, 325
" 11—Asbury Town Council, relative to their sewer hookup
problem . ........................................................316, 373,
404, 427
" 11—ANNEXATION of the right of way on Highway No.
20 requested by the Iowa State Highway Com-
mission-........................................................................3'24,
325
" 11—Agreement between the City of Dubuque and the In-
terstate Power Company for the issuance of Rev-
enue Bonds, not to exceed $4,850,000 for the pur-
pose of pollution control.................325, 326, 327,
328, 604
" 11—Algona Street, Sanitary Sewer 8 inch between Univer-
sity Avenue and Loras Boulevard, preliminary
plans and specifications . ........ 337, 338, 397, 398,
443, 602
" 11—Althaus Dennis A., granted Cigarette Permit . ............
338
" 11—Atlantic & Pacific Tea Co., granted Cigarette Permit.
" 18—Airport Commission, Authorized and directed to exe-
338
cute the First Amendment to Grant Agreement
on behalf of City of Dubuque . ....................349,
" 18—Andresen Thomas, granted Cigarette Permit ............
350, 354
351
.
" 25—Audit Report of the City's records for the year 1972
submitted by the State Auditor. .... ........................
357
" 25—Adams Charles, granted Cigarette Permit,365
" 25—Andresen John C., granted Cigarette Permit
365
.................
" 25—Arvanitis George K., granted Cigarette Permit, .......
366
July 2—Airport Commission, relative to fire protection and
use of firefighters . ........................
" 2 --Adams Ronald D., granted Cigarette Permit
"
379
385
.................
16—Agreement between the City of Dubuque and the
County of Dubuque regarding the assumption of
parking and parking meter violations, providing
the County with services, personnel and adminis.
tration facilities for taking of bonds, fines, court
costs, etc . ..................
" 30 --Agreement between the Town of Asbury and the City
of Dubuque concerning sewage facilities.
427
.. ..........
Aug. 6—Architectural & Historical properties designated sig.
nificant pursuant to requirements
No. 28-70 . of Ordinance
.................
" 6—Atlantic & Pacific Tea Company, '
p y, granted Class "C"
438, 439
Beer Permit,
„ ...................................... c,o,.,trol.
20—Airport Ordinance, providing for the name, control,
supervision and operation of the Dubuque
448
Mu-
nicipal Airport......,,•...•.
20—Amer1can Veterans, W W Ti, Korea -Viet Nam,
457
ranted
Class "C" Liquor Permit. g
... .......................
Sept. 4—Alta Vista Street, request for "No Student Parking"
between 1500 and 18W blocks............
5
17—Aldeman Dan, reappointed to the Youth Serv►ces
Bureau.
477
17—Assistant Cit.......................................................
y Manager,
Manager, advising of discussion of of
proposed budget
492
on September 18, 19, 20, 25
26 and 27.
„ .......... ...
17—A -OK Yellow Cab Co„ reqa ...........................
cab service rate increase for
493
493
„ ............................ .................... .
24—Audit Report. of Disaster Claim in the
495
amount of
$25,841.02 submitted by the Auditor of State
OfIowa..............................................................
........507,
584
INDEX -BOOK 103
1973
SUBJECT
Page
Oct. 10—Agricultural
& Horticultural land, applications for ex-
emptions on parcels of land of ten acres or more.
530
22—A.
& W. Drive In Restaurant, proposed for the south-
east corner of Kennedy and Asbury Roads . ........
554, 583
" 22 ---Arbor Oaks Subdivision, approval of plat of Block 4
and Block 5. ................................................................557,
558
22—Agreement
between the City of Dubuque and the
C. O. Nesler Estate .....................................................
561
" 29—Adams
Elsie, relative to Christmas decorations and the
placing of the crib in the Washington Park ........
568
Nov. 19—Arbor
Oaks Subdivision, requesting permission to in-
stall street lights .........................................................
589. 598
" 19—Ames John et, al., requesting repair of alley between
Rhomberg and Lincoln Avenues in the sixteen
hundredblock............................................................
590
Dec. 3—Ambrosy,
Vincent settlement of claim in Eminent Do-
main proceedings for Airport Commission. ........247,
610
" 17—American
Optical Co. purchase of land in Riverfront
Sub. No. 3 application submitted .............................
623
" 17—Anglin,
Mark P. notice of property damage claim ........
625
INDEX—BOOK 103
1973 SUBJECT --Page
Jan. 2—Bitter Joseph J., elected Mayor for the ensuing fiscal
to year . .............................................................................. 3
11 Z—Blunt William G., appointed Assistant City Solicitor. 4
2—Bell Joseph E., granted Class "B" Beer Permit. ........ 29
2—Burke Josephine, granted Class "C" Beer & Liquor
Permit. .......................................................................... 30
16—Buechele Paul, Notice of Claim . .................................... 41, 79
16—Baal Henry F., Notice Of Claim .................... 41, 79
16—Bradley Clyde, requesting a refund on Cigarette Per-
mitNo. 235. ................................................................ 42
I6 --Blind Association, requesting permission to address
the Council concerning the Civil Rights Ord-
inance, .......................................................................... 42
Feb. 6—Bisenius David E. Mr. & Mrs., objecting to the propos-
ed Ecumenical Housing project . ........................... 71
6—Balk,e & Strauss Streets,
installation of street light
recommended. ................... I ........................................ 72
12—Blind Association of Dubuque, requesting change of
dates to conduct a candy sale ................................. 80
19—Book Stores, expression of thanks from concerned
citizens on action of City relative to the Danish
BookStore . ................................................................ 102, 103
26—Blaser Gerald et. al., supporting H -M Ordinance and
construction of a doctor's office building . ............ 105
26—Brant Carl N.. granted Class "C" Beer & Liquor Permit. 116
Mar. 12—Bus Transportation System, the Interstate Power Com-
pany to discontinue bus service and turn it over
to the City prior to August 31, 1973 for the sum
of $1.00
120, 143, 147, 223 269, 270, 272, 276, 356, 371, 410, 468
19--Bogas Telemahos. Notice of Claim . .............. ........... ... . 151, 195
26--Berwanger Boiler Shop Notice of Claim . .................. .
26.--Boet John N., Notice f Claim . ................................... 158, 285
April 2--Barton-Aschman Associates, to serve as ConsultanLi 158
for the scope study of John F, Kennedy Road
Corridor Project at a cost not to exceed $10,000. 169
16—Boy Scouts of America requesting use of two City
trucks for their clean up campaign .................... l9f, 276
16—Beta Sigma Phi Sorority, requesting a proclamation of
same by the Mayor . .........
23—Brimeyer Thomas M ;,.i ..................................... 196
Notice of Claim * ....... * ........... 224
23—Burkart Elmer, relative to a drainage problem existing
from Ro iac property ..................
.......... nI
30 --Burrows Clyde et.
al., requesting 8th
Avenue ... 236 246, 265, 267, 348
..... ..... -
30—Bonds In Amount *'*''"*'O"f''*'$205,000"'*"*.for ... Law EnforcementCenter . ......................................237 237 ?Al 282, 309,311, 313
30—Blisping Herbert granted Class 11B,, Be' I
May 7—Becker James G'., sidewalk bond. ... e . r Permit......... ........
11 240
7—Barton-Ashman Asociates, executionf tw" ... * ....... 244
for the Do 0 contracts
R-15 . ........ w nt 0 w n U r b a n Renewal Project, Iowa
14—Bardon Rose Mrs et. al ............................ 249
(280 signatures), requesting
that the City take *over the bus system and to
bold a referendum On the issue,
............................ 259
21—Bieberman Louise request for suspension
21—Bradley Helen sion of taxes,
29—Beecher Company
Al. requesting suspension f 277
mpani Inc., granted two Class 0 taxes- 277
Permits. lass "C" Beer
295
June 4—Burlington and * Streets, el* tI's*, -'in'siiiii'a, ....... i ........ J i
light recommended...... On 0 a s
4—Beurskens Joseph A., Notieef ... * ...... * .................. 300
4—Baker William 11 o Claim ..............
requesting a refund on Class . Coo 300, 343
Liquor License No. C-4098
4--Beer-Liquor Sales on Sunday,"""""'•••sa le o f 301
beer and liquor on Sunday, , and directing the City
SClerk to forward affirmative resolution to the
peaker of House, .................................................... 303, 388
INDEX—BOOK 103
1973 _ SUBJECT
Page
" 11—Budget Amended from funds generated from the 1972
Entitlement Funds of the State and Local Fiscal
Assistance Act of 1972 . ....................................322, 379,
380
" 11—BONDS in an amount not to exceed $4,850.00 for the
purpose of pollution control (Interstate Power
Company) . ............................................325, 326, 327, 328, 604
" 11—Brant Carl N., granted Cigarette Permit . ....................
338
" 18—Barkalow Bros. News Stand, granted Cigarette Permit.
350
" 18—Beecher Co. Inc., granted Cigarette Permit .....................
351
" 18—Bell Joseph, granted Cigarette Permit . ........................
351
" 18—Bauer Daniel, granted Cigarette Permit .........................
351
" 18—Bailey Edward A., granted Cigarette Permit . ............
351
" 18—Becker Robert L., grzrited Cigarette Permit .................
351
" 18—Baum William J., granted Cigarette Permit .................
351
" 25—Bahl Steven E., Claim denied . ........................................
358
" 25—Bisanz Robert P., Claim denied . ....................................
359
" 25—Broessel Lynea Susan, Settlement of Claim .................
359
" 25—Bries Francis G.,Notice of Claim . ................................360. 454
" 25—Bishop Buffets, Inc., granted Cigarette Permit .............
365
" 25—Beidler Robert, granted Cigarette Permit . ....................
365
to 25—Burger Bing #1100, granted Cigarette Permit . ............
365
to 25 --Burke Josephine, granted Cigarette Permit . ............
366
" 25—Becker Robert L., granted Class "C" Beer Permit.
367
" 25—Bailey Edward A., granted Class "C'." Liquor Permit.
367
July 2 --Bradley Street, installation of stop sign recommended
to provide that eastbound and westbound vehicles
must stop at Randall Street . ................................381, 391
" 2 --Birch Marshall & Betty, granted Cigarette Permits.....
385
2—Brimeyer Donald C., granted Cigarette Permit .............
385
" 2 --Bridge Marian, granted Cigarette Permit . ....................
385
" 2—Brammers Inc., granted Cigarette Permit . ................
386
Aug. 6—Bisping Herbert, granted Cigarette Permit . ................
447
" 6—Barnhart David L. and Pearl Seeley, granted Class "C"
LiquorPermit.............................................................
448
" 20—Buechel Louis, liability policy . ........................................
451
" 20—Bilzberger Lester, ordered to dismantle building and
clean up premises at 470 East 14th Street. ..452, 496
" 20—Bower Richard J., granted Cigarette and Class "C"
Liquor Permits . ..........................................................464, 465
" 20 ---Barnhart David L. & Pearl Seeley, granted Cigarette
Permit...........................................................................
464
" 20—Bisenius David E., appointed to the Low Rent Housing
Commission.................................................................
465
Sept. 4—Breitbach Leo, offer to purchase city owned lot 66 in
Voelker Highlands Sub . ........................................
473
" 4—Bicycle Fun Day, rescheduled for October 18, 1973.....
473
4—Blondin Sam, Notice of Claim . ........................................
476
4—Brier Susan M. et. al., requesting "No Student Park-
ing" on west side of Alta Vista from 1500 block
to 1800 block and also on Edina Street.............477, 549
4—Board of Supervisors, requesting annexation of county
roads north of the city in conjunction with an-
nexation request of Merl F. Goerdt et, al .............
483
" 4—Bainbridge James R., granted Class "C" Liquor Permit.
486
" 4—Bitter Mayor, opposed to the State Department of
Revenue order of increasing property valuations.
487
" 13—BUDGET covering period of January 1, 1974 and end-
ing June 30, 1975, submitted by the City Manag-
er . ................................................489, 510, 530, 531„ 532,
533
ommis-
" 13—Bond Allin, appointed to the Human Rights Commis-
sion...............................................................................
sion
" 17—Berger Dave, reappointed to the Youth Services Bureau.
490
492
" 17—Board of Supervisors, advising of hearing to consider
revoking the designation of River Valley Inc. as
the community action agency for Dubuque Coun-
ty, and designate the Board of Supervisors as
saidagency.................................................................
492
" 17 ---Blackburn James, sidewalk bond . ............................
493
INDEX -BOOK 103
1973 SUBJEC'r
^
24-Berniog Robert, appointed to the Youth Services Bur-
eau. --------------------------.
m06
Oct.
]-'BowDGeorge B,settlement of claim ----
518
522
^
522
8 --Bradley Street. request for the installation of a street
uunc --------------------------5%3.
530
,
56e
,
Richard W. & Kay J. Nemmers, granted
Nov.29—Burkholder
Cigarette and Class "C" Beer Permit
^— ^'"
..
577
,
19—Brady James, objecting to the proposal to improve
Dec.
the City Hall .
3—Bond i City Hall .. .-----------------
ction report in the amount of
~`~
"remodel_
_. '
08
'
- --~-~e^~
14—Bonds issuance of Pollution Control Bonds Interstate
="
014
"
.
Power Co
17 -Baum, William J. granted_646
62"
17—Benevolent & Protective Order of
^
-
647
INDEX -BOOK 103
1973 SUBJECT
Page
C
Jan. 1 --City Council, Regular Session ............................................
1
" 2 --City Council, Adjourned Regular Session . ....................
2
" 2---Chavenelle Gilbert D., appointed City Manager for the
ensuing fiscal year .....................................................
3
2 --City Manager, advising the Council of his appointment
of all personnel under his supervision and control.
4
....................
" 2•-Chavenelle Gilbert D., bond . ............................................
5
2 --City Manager, submitting Ordinance No. 1-73, allocat-
ing and making appropriations of tax levies for
the fiscal year 1973 . ................................................
5, 6
" 2 --City Auditor, 'Measurer, Health and Water Depart-
ments, monthly reports . ........................................
9, 56. 120, 148, 223, 231, 284, 357, 417, 450, 506 549, 585
"
2 ---Claims for the month of November 1972, proof of
publication..................................................................
" 2 ---City Manager authorized and directed to cause struc-
ture located at 1208 Dodge Street, owned by
Marvin Kahle; and structure located at 1210
Dodge Street, owned by James W. Collins be dis-
manLled and the prenuses cleaned up .................
13, 14
2 ---Collins James W., ordered to dismantle building at
1210 Dodge Street and clean up the premises.
2--CTPY OF DUBUQUE 1972 CONCRETE PAVING WITH
14
INTEGRAL CURB PROJECT NO. 1, schedule of
assessments..............................................................16,
19, 21,
23, 25, 26, 27, 630, 631, 632, 633, 634, 635, 636,637, 638
" 2--Clin-Que Incorporated No. 2 Addition, approval of
petition and plat requesting vacation of five foot
easements in Lots 9 and 10 .....................................
28
„ 8 -City Council, Special Session .............................................
32
8 --Culver John C. Congressman, submitting a list of data
information used to determine the intro -state
allocations under the local Fiscal Assistance
...............................................................•
Act of 1972.113
" 8 --Council proceedings for the month of October 1972,
approved as printed . ................................................
33
8 ---Chase Duane & Marie Sullivan, request to rezone prop-
erty on Asbury Road from Two Family to Mul-
tiple Family classification denied . ........................
34
" 16 --City Council, Special Session . ........................................
39
16 -Collins James, reappointed to the Human Rights Com-
mission.........................................................................
" 16 --Civil Service Commission, submitting report of en-
39
trance examination for positions on the Fire De-
partment.........................................................41, 73, 452, 585
" 22• --City Council, Special Session .............................................
44
22 --Catholic Mothers Clubs of Dubuque, objecting to pro-
posed merger of Park and Recreation Commis-
sions........................................................................44,
79, 147
" 22 --City Assessor, recommending settlement of protest of
assessment of real estate owned by Stampfer
Bldg. Company............................................................
44
" 22 --City Assessor, recommending settlement of protest
of assessment of real estate owned by John J.
and Marjorie Roshek.................................................
45
" 22 --City Solicitor, submitting opinion concerning request
of Sisters of St. Francis to rezone a portion of
their praperty from Single Family to Multiple
Residence classification . ........................................
46
22 ---City Solicitor, submitting report of appeal of John V.
Reisner to the Supreme Court of Iowa for a dis-
ability retirement.....................................................
49
" 29 --City Council, Special Session .............................................
55
" 29 --Clemens Dave, appointed to the Advisory Commission
replacing Arthur L. Boling . ....................................
55
" 29 -City Manager, recommending that buildings located at
1729 Proscott Street and 614 Lincoln Avenue be
dismantled and the premises cleaned up. 55, 93,
94, 95
INDEX—BOOK 103
1973 Pao,
^ 29--Cluimxfor the month of December 1972, proof of
publication . ----------------------
50
, 29 --Clancy Eugene J. & Rita D8, grantedCigarette and
Class ^C^ Beer & Liquor Permit —.
65
.. ax--CJh/ Council, Adjourned Gpcoiu\ Session ------
07
a
INDEX—BOOK 103
1973 SUBJECT Page
" 6 --Chamber of Commerce Transportation Committee, urg-
ing the approval of resolution for Pre -Design
Project Agreement with Iowa State Highway
Commission covering Project No. U-561-4 .............
126
" 12—City Council, Special Session .............................................
133
" 12 --City Manager, recommending that the owners of prop-
erty located at 544-560 Avon Street, 1637 Iowa
Street, 570-582 Avon Street and at 446 East 14th
Street dismantle buildings and clean up premis-
es.............................................................................133, 134, 135
" 12—City Manager, submitting Financial Report of City
Auditor for the year 1972 .........................................
135
" 12—City Manager, submitting certified audit report of the
Parking Facilities for 1972 . ....................................
135
" 12—City of Dubuque, authorized to execute a Memoran-
dum of Understanding with the United States
Department of Housing and Urban Development.
140
" 12 --City Manager, submitting a report on the City's Land-
fill Development Program and recommending
that the City execute an Option to Purchase
Agreement with Leonard T. Smith and Innocence
Ann Smith for making of tests of land. ....141, 142,
197
12—City Solicitor, returning Notice of Expiration of Right
of Redemption from Tax Sale of Ellas Michalakis
covering Lot 387 and south half of Lot 386 in
"East Dubuque No. 2," which was originally as-
sessed to Evandelia Goetzinger and Ruth Salecdo.
145
" 12 --City Solicitor, submitting for council action request
for conveyance of parcels of real estate that the
City had vacated to Jon. B. Middleton (Resolu-
tionNo. 88.73).............................................................
145
" 19—City Council, Special Session . ........................................
" 19—Catholic Mothers Clubs, objecting to the merging of
147
the Park and Recreation systems, and requesting
that no fees be charged for use of pavilions and
shelter houses, and advising of their efforts to
"Keep Our Parks Clean." .............. I.........................
147
" 26—City Council, Special Session ....................................
156
" 26 --Claims for the month of February 1973, proof of pub-
lication.........................................................................
157
" 26 --City Manager, submitting Municipal Sewage Disposal
Works and Facilities Report for the year 1972.
157
" 26 --City Manager, authorized to execute and file an appli-
cation with U.S. Department of Housing and
Urban Development under Section 701 of Hous-
ingAct of 1954.........................................................
165
" 26—Clarke College Sophomore Committee, requesting
a parade permit.........................................................
165
April 2 --City Council, Regular Session .............................................
169
" 2 --City Manager authorized to execute a License Agree-
ment for an casement for the Park Hill Feed
Main Water Distribution Improvements, HUD
ProjectWS -Iowa -99 ...................................................
" 2 --CITY OF DUBUQUE 1973 CONCRETE SIDEWALK
PROJECT, 184, 186, 247, 248, 260, 262, 341, 519, 520, 559
" 9—City Council, Special Session. ............................................
191
" 16—City Council, Adjourned Special Session .........................
192
" 16 --City Manager, submitting a proposal for expenditure
of federally shared "General Revenue Funds" in
the amount of $932,912.00 .........................................
193
" 16—City Manager, recommending installation of a street
light on Queen Street . ............................................
193
" 16—City Solicitor, stating that only the City Council can
resolve the rezoning of 4th & Bluff Street area.
194
" 16—City Hall Renovation, proposal submitted by Dubuque
Jaycees . ........................................198, 277, 284, 509, 584, 650
" 23 ---City Council, Special Session .............................................
222
INDEX—BOOK 103
1973 SUBJECT
----------
page
" 23 --Council proceedings for the month of January and
as printed ............................
222
February, approved .
" 23—Crane Leonard H. & Betty L., granted Cigarette and
Class "C" Liquor Permits.........................................228
" 30—City Council, Special Session .............................................
231
" 30—Claims for the month of March 1973, proof of publica-
tion...............................................................................
231.
" 30 ---City Manager, requesting approval for the advertise-
ment of bids for repowering "Seagrave Quint"
FireEngine.................................................................231,
278
" 30 --City Solicitor, opinion concerning absences of members
of Boards and Commissions .....................................
232
30—Conzett Dale, addressed Council concerning bus serv-
icefor the City.........................................................
236
" 30 ---City Solicitor, directed to take necessary action to
recover costs of damages incurred by acts of
vandalism.....................................................................236,
290
" 30 --City Manager, authorized to execute an Extra Work
Order with the Iowa State Highway Commission
on Dodge Street Corridor Study .................
"
239
30 --Catholic Mothers Study Clubs, objecting to the show-
ing of "R" and "X" rated movies at the Orpheum
Theatre.........................................................................241,
243
" 30 --Catholic Alumnae International Federation, extending
an invitation to attend a Mary's Day Mass for
WorldPeace.................................................................
241
May 7—City Council, Regular Session. ........................................
243
7—Citizens Watchdogs, objecting to proposed construc-
tion of Ecumenical Housing project and of the
Law Enforcement Center . ........................................
251
„ 14 --City Council, Special Session .............................................
257
" 14—Coates Pauline, Notice of Claim . ....................................
258. 285
" 14 --City Engineer, requesting Council approval of propos-
ed plans for the West Eighth Street Retaining
„ Wall Reconstruction 1973 . ........................................
265, 266
18—City Council, Special Session ............................................
"
270
18—City Manager, submitting a copy of proposal by De.
Leuw, Cather and Company relative to the bus
situation..................................................................
1—City Council, Special Session ...................
274
276
1—Caradco Window & Door Division of Scovill, request-
ing vacation of alley between Jackson and Wash.
ington and 11th and 12th Streets . ....................277,
" 21—County Board of Supervisors, submitting names
378
of
Louise Bieberman, Helen M. Bradley, Blanche
Donovan, Hilda M. Leppert, Gertrude and Robert
Ogaard, Elma B. Rembold,
and requesting sus-
pension of taxes due to old age and infirmity.
29—Central Business District TOPICS Project Signal Im-
277
provement on Bluff Street, White Street, Tenth
Street, Twelfth Street and Fourteenth Street. 292,
323,
June 4 --.City Council, Regular Session.
324
...........................
4—Corbett John Mrs., objecting to the present bus routes.
4 --City Manager, recommending
299
installation of stmet
light at Burlington & Stoltz Streets.
"
...o ...
4—Claims for the month of April 1973, proof of publica-
300
tion..................................................
-City Council, Special Session.......... ..... .'
" 11— .......... ... """
300
" 11 ---City Manager, recommending the installation of .40
street lights
316
on Rhomberg Avenue extending
from Eagle Point Bridge Toll House
Avenue to Stafford
„ . .................................. .................... .
11—City Manager, recommending that name of Lorimer
Street not be changed......,,..
"
317
11—City Manager, recommending that the building
'317
located
at 701 Rhomberg Avenue, owned by Bernard
Olansky, be torn down and the
premises cleaned
up. ............................................
........ I .... .... I....
317
INDEX—BOOK 103
1978 SUBJECT
Page
" 11 --City Manager, recommending that the building located
at 1t)48 -165u-1652 hasnington Street owned by
Walter B. and Joyce 11, Somers, be dismantled
and the premises cleaned up . ................................
318
" II --Childers F. W. Mrs., authorized to construct an awning
at 1604 Central Avenue .............................................
321
" 11 --City Manager, recommending amendment of Budget
from funds utilized from 1972 Entitlement Funds
of the State and Local Fiscal Assistance Act of
1972 .......................................... .....................................
322
" 11—C'ity Manager, requesting that A. G. Heitzman be auth-
orized to execute for and on behalf of City an
application to obtain Federal assistance under
Disaster Relief Act .....................................................
324
" 11 --Canfield Hotel Inc., granted Cigarette Permit .............
338
" 11--Creslanes Bowling Inc., granted Class "C" Liquor
Permit...........................................................................340,
404
" 18—City Council, Special Session ............................................
342
" 18—City Manager, submitting an inventory of the Munici-
pal Court.....................................................................342,
407
" 18--Cremer Ralph J., granted Cigarette Permit . ................
351
" 18—Corbett Earl G., granted Cigarette Permit .....................
351
„ 22—City Council, Special Session . ............................................
354
" 25—City Council, Special Session .............................................
356
" 25—City Manager, submitting Official State Auditor's Re-
port of the City for 1972 . ........................................
357
" 25—City Manager, submitting report on Revenue Sharing
and requesting that the City Clerk be authorized
to publish report and the report forwarded to
Office of Revenue Sharing . ....................................
357
" 25—City Manager, rcpurting on complaint of R. C. Wahlert
concerning a high speed chase of law enforce-
ment vehicles on June 14, 1973 ............................
358
" 25—City Council, going on record favoring the retention
of the United States District Court in the City
of Dubuque.................................................................
361
" 25—County-City of Dubuque Authority, reservation for
parcels of real estate in Downtown Urban Re-
newal area withdrawn . ............................................
362
" 25—County of Dubuque, purchase of urban renewal prop-
erty for public redevelopment .................................
363
" 25—Crane Leonard If. & Betty L., granted Cigarette Permit.
365
" 25—Clarke College, granted Cigarette Permit . ....................
365
" 25 --Clancy Rita M., granted Cigarette Permit. •.•.....•.••.....•.•
365
" 25—Clark Super "100", granted Cigarette Permit . ............
365
" 25 --- Chalder Florence E., granted Cigarette Permit. ........
366
" 25—Cahill Robert E., granted Cigarette Permit .....................
366
" 27—City Council, Special Session .............................................
371
" 29—City Council, Special Session . ........................................
374
July 2—City Council, Regular Session .............................................
377
" 2—City Manager, requesting permission to attend an
in
International City Management Convention
Boston...........................................................................
377
" 2r—City Manager, submitting report of Tri State Inde-
pendent Blind Society's request for a peddler's
license...........................................................................
378
ublica-
" 2 --claims for the month of May 1973, proof of publica-
tion......................................................................... . .......
tion
378
" 2---Crubaugh Melvin L., Notice of Claim .............................
379
" 2—City Manager, submitting an ordinance providing for
a stop sign at Kelly Lane and Fremont Avenue,
and Randall at Bradley Streets . ............................380,
391
" 2—CITY OF DUBUQUE 1973 STORM SEWER IMPROVE-
MENT PROGRAM . ....................................383, 384,
444, 446
Z_Clay Charles, granted Cigarette Permit . ........................
385
" 2-4*'arousel Snack Bar, granted Cigarette Permit. ........
385
" 9—City Council, Special Session ......................................... ..
388
INDEX—HOOK 103 _.
Page
1973
SL1BJEtT —_----
" 9--Civil Service Commission, submitting report of Promo-
tional Examination for positions on the Fire 389 548
Department. """•"
.................... .
................... .
9—Civil Service Commission, submitting report of Pro-
motional Examination for positions on the Police 389
Department............................................................
" 13—City Council, Special Sessoin............................................. 4016
1"ity Council, Special Session. .... ••••••• • a•.•
" 16—Council proceedings for the months of March, April
and May 1973, proof of publication .....•.••••••.••••• ••••. 406
" 16--Colt .45 Drum & Bugle Corps, requesting pernussion
to conduct a parade................................................. 409
16--Choral Club, granted Class "C" liquor Permit........•... 413
17--City Council, Special Session............................................ 415
30--City Council, Special Session......................................... 417
30---City Manager, recommending that the owners of a
building located at 1781-1783 Central Avenue
and owned by Mrs. Mildred Kohler et al cause
said building to be dismantled and premises
cleanedup.................................................................... 418, 479
30--City Manager, recommending that the building located
at 1785 Central Avenue, and owned by Merlin F.
& Rosemary Hohmann, be dismantled and the
premises cleaned up. ................................................418, 478
30---City Manager, recommending that the building located
at ".00 East Seventh Street, owned by C. M. St.
P. & P. R. R. be dismantled and premises cleaned
up................................................................................... 418. 477
" 30---Carr Helen M., Notice of Claim......................................... 419, 475
" 30--City Solicitor, recommending that the City Manager
direct Fischer Inc. to complete contract on prop-
erty located at 8th & Locust Streets . ................419, 420
" 30—Creslanes Bowling Inc., granted Cigarette Permit......... 432
Aug. 6—City Council, Regular Session......................................... 435
"
6--Curler Robert, Notice of Claim. ....................................437, 493
" 6--Caldwell R. J., appointed to the Citizens Transporta-
tion Committee. ........................................................449, 462
6--Coursey Eileen, appointed to the Library Board......... 449
" 6—Calian Samuel Rev., appointed to the Library Board. 449
20—City Council. Special Session......................................... 450
" 20--Claims for the month of June 1973, proof of pub.
lication......................................................................... 450
" 20--City Manager, requesting that the Eagle Point Park
roadway be included in the 1973 Hot Mix-
Hot Laid Asphalt Program . .................................... 451
" 20—City Manager, recommending that the buildings locat-
ed at 470 East 14th Street, owned by Lester
Bitzberger, and 476480 East 14th Street, owned
by the Patrick Norton Estate, be dismantled and
the premises cleaned up. ,•..............451, 452, 496, 497, 498
" 20—C. W. Enterprises Inc., requesting permission to use
frontage land for parking purposes off Highway
20 near Mr. Steak, to service a new Regal motel. 461
20—Citizens Transportation Committee, approval of ap-
pointment of twelve members .........................462, 506, 545
" 31---City Council, Special Session• ........................................... 468
31—Civil Service Commission, submitting a list of Inter.
state Power Company Employees who are being
transferred to the City of Dubuque Municipal
Transit System . .........................................................470, 585
Sept. 3--City Council, Regular Session......................................... 472
4—City Council, Adjourned Regular Session. •................... 473
4—City Clerk, authorized to sign papers in absence of
the City Manager . .............
" 4—Claims for the month of July 1973, proof ..
....of ...pub- 4
lication. 474
4—Cain Donald, Notice of Claim,
4--Chalmers Mary B., sale of 475
Renewal area. ..property in "......•• Downtown
............................................................... 485
INDEX—BOOK 103
1973 SUBJECT
Page
13—City Council, Special Session .............................................
489
" 13—City Manager, submitting a Budget in the amount of
$12,074,576 covering period of January 1, 1974 to
June 30, 1975 . .................................... 489, 530, 531, 532, 539
13 --City Manager, submitting the Revenue Sharing Report
for
the Citavailableavailable in the entitlement period
7 to 30, 1974
489
un .................................
17--CitJulCouncil S
ype ............................................
17—City Manager, recommending installation of a street
light at Hogrefe and Burden Avenues .................
493
17 ---Curtis Straub Co., liability policy .....................................
493
17—Chicago and Northwestern Transportation Company
relative to dama*e of railroad property by the
City and possibility of a claim filed by Donald
E. Robinson.................................................................494, 599
" 17—Cystic Fibrosis Campaign, requesting permission to
solicit funds.................................................................
495
" 17—City Manager submitting a traffic signal program
for the Central Business District from 1st Street
to 14th Street, under supervision of a Master
Traffic Controller, and requesting authority to
enter into TOPICS Agreement with Federal and
State Highway Commission.............501, 502, 503, 540, 541
...........................
24 --(,tit} Council, Special Session ................ ..
506
" 24—Citizens Transportation Committee, submitting minutes
of meetings of 9-14 and 10.15 .................................506, 568
" 24 --City Manager, requesting permission to execute an
application for the Solids Handling Facilities at
the Water Treatment Plant .....................................
509
" 24 --CITY HALL Election on the issuance of $560,000 City
Hall Bonds to be held on November 6, 1973.....
512, 513
Oct. 1—City Council, Regular Session . ........................................
517
" 1—Claims for the month of August 1973, proof of pub-
lication.........................................................................
517
" 1—City Clerk, certifying a list of names of applicants for
nomination for the office of Councilman and for
the office of Park Commissioner . ................517, 518, 563
............................................
" 8—City Council, Special Session.'
" 8—C. W. Enterprises Inc., owner of Lot A of Lot 2 of
1 of 1 of 1 of De Luxe Cottage Court, granted a
Revocable Permit . ....................................................
525
........................
10 --City Council, Special Session ................... ..
530
" 10 --City Manager, submitting a list of parcels of land of
ten acres or more, eligible for Agricultural or
Horticultural exemption . ..........................................
530
" lo—Catholic Charities Board, urging the Council to include
Com-
$33,446 in the budget for the Human Rights
mission. ............................................... I .......... I.............
531
" 10—chamber of Commerce Tax Study Committee, recom-
mending a cut in the budget of $281,141.00.....
531
.....................
" 15—City Council, Special Session ..................... ...
535
15 --City Manager, recommending installation of street
lights on Bradley Street and in Westchester
Subdivision...................................................................
536
" 15—Cox Charles P., Notice of Claim.....................................537,
587
" 15—City Manager, requesting favorable action on an
Amendment to Consent Order and directing the
Waste Water
Manager and staff to proceed with
Treatment Facility Program .....................................
542
" 15--Celotex Corporation, compliance with Amendment to
Consent Order in the matter of Pollution of
the Mississippi River .................................................
543
" 15—Citizens Transportation Committee requesting the
a
Iowa State Highway Commission to conduct
study of the feasibility of erecting a bridge or
bridges from the City of Dubuque to the State of
Wisconsin.....................................................................545,
" 22—City Council, Special Session .............................................
546
548
INDEX—BOOK 1.03
1973 SUBJECT Page
11 22 --City Manager, Assistant, relative to "No Student Park-
ing" on west side of Alta Vista Street. 1.500 to
1800 block and Edina Street from Alta Vista to
thealley..................................................................... 549
22—Claims for the month of September 1973, proof of pub.
lication......................................................... ... .. 549. 568
22 --City Manager, recommending adoption of an ordinance
prohibiting parking of motor vehicles on the
south side of Theisen Street from Jenni Street
to Stetmore Street . .............. 553
"
22 ---City Solicitor, submitting an ordinance to eliminate
the use of a restaurant, cafe or cafeteria in a
Local Business District "A" classification, to &
W Drive-In).........................................................555, 583, 598
24 --City Council, Special session ...._..................
" 29 --City Council, Special Session. """"".""'•.. 583
.. ............................................ 568
29--Chalder Florence E., granted Class "C' Beer Permit. 570
Nov. 5—City Council, Regular Session . ..............
" 5—City Manager, recommending that the City accept 573
and approve the Recreation and Open Space Plan
for the purposes of re-establishing the, City's
eligibility to participate in Land and Water Con.
servation Fund Programs .............................
" 7 --Cit Council, S 574
13 --City Council, Special
............................. 580
................
,• 19 --City Council, Special SeSeision.................................... 582
...
" 19—civil Service Commission, submitting report of exam- 584
ination for positions as Bus Driver ...................
19•—City Manager Assistant, relative to reducing time of 585
Parking on 13th Street between Iowa and Central
and increasing the rate to 100 per hour; also
recommending that. the 10 hour parking lot
meters on the south side of City Hall not be
changed.........................................................................
19---Conrad-Herr Plumbing & Heating Inc., requesting 586
Permission to excavate in Kennedy Road between
Pennsylvania Avenue and Wacker Drive. ........
26 --City Council, Special Session. 590
26 --Claims for the month of October 1978, .proof of I. pub. 598
„ lication. ................................................. roof ....
26 --.City Manager, requesting that O'Connor. Brooks and 598
Company be retained to make the 1973 audit of
Water, Parking Facilities and Sewa e
Funds, and balance to be audited b g Rental
„ the State of Iowa..,.••_.,,, Y Auditor of
28 --pity Manager, recommending denial of petition f 599
Bernard Ruess et. al., requesting installation ofoa
traffic light at intcrsectIon of l,oras Boulevard
and Alta Vista Street. ................................ idles ....... 26—City Manager, requesting approval of a tentative three 59<)
year street construction program, to be submitted
Prior to December 10 in order to receive sham
Of State Gasoline taxes for street related a
Poses . ............
Dec. 3 --City Council S ...........603
pecial Session.
3 --Council proceedings for the months of June and July 607
1973 approved as printed . ................. June
—Civil Service Commission conducted entrance exams 608
3—Civil Serviceemr ' 1 3 for Police Department....
Commission submitting re 809
trance exams conducted on September t of en -
for Fire Department, 26, 1973
3—CitY Solicitor
Ambros commending settiement of Vincent 609
Pending claim in the amount of $38,500, suit
domain !n District Court for damages in eminent
" 3 --Clift, Deanne proceedings
. .............. .
g to rezonin 609-610
Off Sheridan Road g of Guerdt property
............................
..............
.......... 811
INDEX—BOOK 103
1973 SUBJECT Page
17 --Collins, James H. submitting his resignation from
Human Rights Commission thru City Manager 623
17 --City Manager submitting an Ordinance Regulating
Ambulance Service also an Ordinance Fixing and
establishing rates ........................................................ 627
17—County Board of Supervisors petition for suspension
of taxes for Bernard W. Mihm................................ 628
27—City Engineering submitting recommendations of mini-
mum amount of work to be done on City Hall to
make it safe for occupancy .................................... 650
„ 27 ---City Council Special Session ............................................ 649
INDEX—BOOK 103
------._-
SUBJECT Page
D
1973 ---- `-
Jan. 2—Dubuque Bank & Trust Company, appointed official
5
depository of public funds . ....................................
2—Dow Evelyn H., conservator of Jeffrey Dow, Notice
q
ofSuit. .................................................
Co., owned by Louis Mihalakis and
—Dubuque Disposal
Milton Schwartz, lease agreement for the rental
of the former City Garage at 14th &)alm Streets.
"C"
15
" 2--D. A. V. Club Plaza 20 Lounge, granted Class
29. 30
Bere & Liquor Permit. .....
2—Drake Ursula, granted Class "C" Beer & Liquor Permit.
10
30
ll—Dorweiler Delos A., request to reclassify Lot of
from
Block 3 of the Mettel-Link Subdivision
Single Family to Local Business "A" ela:sifica•
tion denied. .................................
8—Donahue William R., appointed to Human Rights Com-
34
mission, replacing Charles E. Stork . ..................
16—Dubuque Audubon Society, suggesting remedies for
i8
the elimination of a pigeon nuisance . ...............
` )
" 22 ---Dubuque Plumbing and Heating Co., liability policy.
46
" 29—Day Robert L., replaced on Advisory Commission by
Charlotte Solomon . ...................................................
" 29—Dondlinger Helen K., ordered to dismantle building at
5
1729 Prescott Street.............................................55.
93, 94
Feb. 6—Dubuque Federation of Labor, requesting considera-
tion on appointments to various Boards and
Commissions...............................................................
74
" 12•—•Davidsaver G. G., Notice of Claim . .......................•..•.....
79
" 12 ---Dubuque Association of the Blind, requesting change
of dates to conduct a candy sale .........................
80
" 19—Dubuque County Democratic Club, submitting reso-
lution opposing proposed twelve foot channel in
Mississippi River .....................................................
88
19--Dupaco Credit Union, authorized to construct a light-
412 East Du-
ing standard on city owned Lot of
buque Addition No. 2 . ............................................
92
" 26—Dubuque Human Rights Commission, submitting an-
nual report for 1972 . ................................................
103
Mar. 6—Dock Board Ordinance regulating the use of the water-
front by floats and repairs and launching of
boats, presented by the City Attorney.............121,
122, 162
" 6—Dubuque Community School District, vacation and con•
veyance of Lot 4B of M. L. 472, being an unopen.
ed street along Linwood Cemetery .........................
122, 123
" 12--Dorweiler Delos, favoring the rezoning of property
on Kennedy Road to professional office use as
requested by Phillip Powers .....................................
136
" 19—Dock Board, relative to recommendation sought by the
Council on a proposed 12' channel .........................
147
" 26—Dock Board, submitting minutes of their meetings, ....
157, 276
" 26—Dock Board Resolution No. 3-73. approving Ordinance
No. 14-73.....................................................................
162
April 16—Dubuque Downtown Association, requesting permis-
sion to sponsor a Garage Sale .................................
196
" 16—Dubuque Bible Church, requesting permission to con-
duct
evangelistic meetings in the downtown
area. .........
" 16—Dungeon Limited, The, granted Class "C" Liquor Per-
198
mit. ...............................................
23—Dubuque Building and Construction Trades Council,
230
recommending annexation of property for the
construction of a Ramada Inn............
"
231
30—D. A. V. Fighting Back Chapter No. 6, requesting
permission to conduct a tag day .............................
235
30—Dodge Street Corridor Study, City Manager authorized
to execute an Extra Work Order with Iowa State
Highway Commission .................................................
239
INDEX—BOOK 103
1973 SUBJECT Paee
May 7—Demkier Paul et. al., requesting street light at Bur-
lington & Stoltz Streets . ........................................
246,
" 7—Demkier Harold B., objecting to installation of a re-
taining wall in connection with the construction
of a sidewalk on North Grandview Avenue. ..248,
" 7—Diener Joe, granted Cigarette Permit and Class "C"
LiquorPermit.............................................................254,
" 7—D. B. Q. Inc., granted Class "C" Beer Permit, ................
"
255,
7—Dubugtie Golf & Country Club, granted Class "A"
LiquorPermit.............................................................
" 14—De Leuw Cather, submitting a proposal relative to the
bussituation.............................................................269,
" 21—Dubuque Packing Company, requesting the purchase
of Lot 1 of Riverfront Subdivision No. 4 .............
" 21—Donovan Blanche, requesting suspension of taxes.........
June 11—Dubuque Boat & Boiler Co., petition issued in District
Court, barring any right title or interest the
City may have in properly .....................................
"
11—Dunbar Linnie, granted Cigarette Permit .....................
" 11—D. B. Q. Inc., granted Cigarette Permit .........................
" 11—Dubuque Packing Company, granted Cigarette Permit.
" 18—Dock Board Ordinance No. 2-73. An Ordinance fixing
and establishing wharfage fees, which shall be
paid by lessees of waterfront property under the
jurisdiction and control of the Board of Dock
Commissioners of the City of Dubuque, Iowa.343,
" 18—Dittmar Rudy, granted Cigarette Permit . ....................
" 18 --Dubuque Golf & Country Club, granted Cigarette Per-
.................................................................................
" 18—Dubuque Marina Inc., granted Cigarette Permit.........
" 18—Dodge House Motel, granted Cigarette Permit .............
" 18—Dunne William, granted Cigarette Permit .....................
" 18—Donovan Melville E., granted Cigarette Permit. ...
'• 25—Dorweiler Delos, objecting to weed notice that he
received from City . ....................................................
25—Duceini John and Alice, claim denied .............................
25—Dubuque Downtown Assn., requesting permission to
conduct a "Crazy Days" sale .....................................
'• 25—Dubuque County, purchase of property in Urban Re-
newal area for public redevelopment . ................
•' 25—D. A. V. Club, granted Cigarette Permit .....................
25—Dungeon LTD., granted Cigarette Permit .....................
25—Dubuque Motor Hotels, Inc., granted Class "B" Liquor
Permit...........................................................................
29—Dubuque Golf & Country Club, granted Sunday Sales
Permit
K1v
260
255
374
255
274
277
277
318
338
338
336
344
351
351
351
351
351
351
356
359
360
363
365
366
367, 374
...........................................................................
July 2 --Drake Ursula granted Cigarette Permit . ....................
9—Dubuque Packing Company, demonstrating a method
to increase their removal of pollutants and re-
duce the load to the Treatment Plant .....................
16—Dubuque Jaycees, granted Class "B" Beer Permit. .... 412,
17—Dubuque Industrial Bureau, requesting a meeting with
the Council concerning industrial development
and sale of land in the Dubuque Industrial Park. 415,
30—Daughters of Union Veterans, Mary Agard Tent No.
35, requesting permission to conduct a tag day.
30—Dubuque Transit Authority appointed for the City of
Dubuque, consisting of Doris Riekena, Chester
Solomon and George Deininger .............................
" 30—Deininger George E., appointed to the Transit Auth-
ority...............................................................................
Aug. 6—Dubuque County Historical Society, commending the
Council for their concern for upbuilding and
renovating historical sites .........................................
6—Diener Joseph L., granted Cigarette Permit .................
20—Deininger George, submitting his resignatoin from the
Board of Zoning Adjustment . ................................
20—Denman Tim, Notice of Claim .........................................
367
385
388
461
566
424
433
433
439
447
450
454
INDEX—BOOK 103
1973 SUBJECT
Page
" 20—Dubuque Women's Club requesting the blocking off
of Alpine Street from 3rd to Melrose Streets
for a Fine Arts Festival . ........................................
461
Sept. 4—Dubuque Insulation and Siding Company Inc., side-
walkbond.....................................................................
474
" 13 --Daugherty W. J., reappointed to the Airport Zoning
Commission.................................................................
490
" 17—Dempsey Edgar M., objecting to noise pollution caused
by vehicular traffic, and requesting adoption of
a noise ordinance . ......................................................492,
517
" 17—Dubuque Yacht Basin, requesting sewer and water
service at 1630 East 16th Street ............................
494, 566
" 17—Dougherty Tom et. al., objecting to proposed zoning
change of St. Marys Place subdivision . ................
County
495
24—Dubuque Medical Society, submitting a resolu-
tion requesting the City to adopt and enforce an
ordinance governing ambulance service . ............
506
Oct. 8—Dock Commission, relative to the cost of sewer and
water connections for area "C" on the Industrial
Island.............................................................................
523. 566
" ti --De Luxe Cottage Court, approval of plat of Lot A
of Lot 2 of 1 of 1 of 1 . ...........................1111.............
524
" 15—Dubuque Council of Churches, expressing support for
the maintaining of a full time director and hir.
ing of a full time investigator for the Human
Rights Commission .....................................................
535
" 15—Davis Avenue, request for installation of a street
light...............................................................................537,
549
" 15—Dubuque Packing Company, compliance with Amend-
ment to Consent Order in the matter of Pollution
of the Mississippi River ..................... 1111..........
54:3
" 15—Dubuque Tank Terminal Company, compliance with
Amendment to Consent Order in the matter of
Pollution of the Mississippi River . ........................
543
" 15—Del Farm Food Store, granted Class "C" Beer Permit.
545
" 29—Dubuque Safety Council to provide funds for the
schol patrol system .....................................................
5611
Nov. 5—Dock Commission, agreeing to explore the possibilities
of using properties under their jurisdictio;1 for
Recreation and Open Spaces Program ................
"
576
.
19—Drive-In Restaurant, amendment of Article X of Ord-
inance No. 3-34 by repealing definition of Drive.
In Restaurant and enacting a new definition.
597
....596,
26—Dubuque Realty, requesting rezoning of property at 289
South Locust Street from Two Family to Com-
mercial Zoning Classification . ................................
601
Dec. 3—Dock Board submitting a report requesting considera-
tion to provide water service to Industrial Area
"C" for construction of water main over 16th
Street bridge
..................
or. n ........................................
' 17—Dubuque Federation of Labor not in favor
607
of retain-
ing the City Hall however requesting a committee
to investigate relocation .................11.11....
" 17—Dubuque Life Insurance Co, showing interest in the
623
Purchase of city owned property at Delhi &
Forest Lane, Formerly Brammers
"
. ........................623,
17—Dubuque County Metropolitan Area Planning Com-
(349
mission submitting Articles of agreement for the
East. Central intergovernmental
Assn. ..... ........
644
INDEX—BOOK 103
1973—:::-
973SUBJECT'
-- Page
E
Jan. 22—Eminent Domain Proceedings, City Solicitor directed
to institute proceedings o acquire easement
from Richard V. Hansel for the Center Grove
Valley Sanitary Interceptor Sewer ....................51, 51, 102
29 --Easement covering a thirty (30) foot wide railroad
right of way in Lot 1 of Block 12 and Block 13
of Feb. 6—Ecumenical Fousingerfront Inc , offer o purchivision No. 3 . ase Urban Re-
62
newal property at 6th & Locust Streets to be
used for construction of an eight story apartment
buildinI2—East Dubuque No. 2 Addition Lot03871and'. '4fe70o'f 5Lot 615' 841
386, Notice of expiration of right of redemeption
from tax sale, (Goetzinger property) ..................... 78, 145
26—Egelhof Charles L., requesting rezoning o Multiple
classification of the Ely. 115' of Lot 706 in Me -
Daniels Sub., located at southwest corner of 12th
& Bluff Streets........................................................... 110, 226
Mar. 12—Erschen Alice H., granted Class "C" Beer & Liquor
Permit. ........................................... ............................ 144, 374
26—Elliott Delores B., granted Cigarette and Class "C"
Beer & Liquor Permits . ....................................165, 167, 366
April 2—Eisbach Paul, requesting refund of $25.00 on Cigarette
PermitNo. 134 . ........................................................ 174
23—Edwards Construction Co., sidewalk bond ..................... 222
May 7—Elliott Richard et. al., requesting permission to address
the Council relative to makeup of baseball teams
in the City League .................................................... 244
14—Eighth Street Retaining Wall Reconstruction 1973,
preliminary plans and specifications .....................
265, 266 267, 348, 349
" 28 --Election on the Proposition of Establishing ana Ac-
quiring a Municipal Transit System. 270, 371
June 11—Ehlinger Loren H., Nonce of Claim.................................318, 379
11—Eichhorn Lester & Marie, granted Cigarette Permit. 338
" 18—Elbow Street, request for vacation of portion of street
byClem Hayes........................................................... 347
18—Elks Club, granted Cigarette Permit . ............................ 351
25—Erschen Alice Mrs., granted Cigarette Permit ............. 366
" 25—Ellis Victorina, granted Cigarette Permit . .................... 366
29—Erschen Alice, granted Sunday Sales Permit . ............ 374
July 9—Excavations, complaint by Councilman Justmann con -
the unnecessary delay in closing street
excavations................................................................. 402
16—Egelhof Funeral Home, requesting permission to use
city owned property at 12th & Bluff Streets for
parkinguse.................................................................409, 456
Aug. 20—Eagle Point Park Roadway, to be included in the 1973
Hot Mix -Hot Laid Asphalt Program ..................... 451
Sept. 13—Ede Alfred Rev., replace on Human Rights Commis-
sion by Mary Petropoulos ....................... 490
" 24—Election on the Issuance of $560,000 City Hall Bonds.
.................................................. 512, 415 536, 582, 608
Oct. 1—Election. Municipal Primary to be held October 23,
1973. .................... 517, 518, 538, 563, 564
1—Election, Regular Municipal election to be held No-
vember 6, 1973 ...................... .........517, 518, 536, 582
Dec. 17—East 4th Street Extension Sanitary Sewer 1973 ........638, 639
INDEX—BOOK 103
1973 SUBJECT Page
F
Jan. 2—Frommelt Leo F., appointed City Clerk for the ensuing
fiscalyear..................................................................... 3
2 --First National Bank, appointed official depository of
publicfunds................................................................. 5
2—Finley Hospital, requesting rezoning of property in
Boxleiter's Sub. of Caroline Boxleiters Sub. Sid-
onia Hosford's Sub, and Finley Home Addition
from its present Two Family to Multiple Resi.
dence District permitted use (h) .........................10, 11, 12
2—Fritz Beulah E., requesting refund on Cigarette Per-
mit No. 7 .. .
2—Firzlaff Carl, resolution of condolence extended to the
Firzlafffamily.......................................................30, 32, 44
" 8—Forslund E. D., Claim denied . ........................................ 35
" 22—Fens Adele, granted Class "B" Beer Permit ................. 53
Feb. 6—Fondell & Sons Inc., requesting permisison to excavate
at 203438 Central Avenue, ..,., 74
" 6—Fries Cyril J., requesting refund on Cigarette Permit
No. 84........................................................................... 74
6—Freeway Study Committee to be appointed by the
Mayor. ................................................... ........ 75, 96
6—Fransen William P., granted Class "C" Beer do Liquor
Permit. ....
76
19—Five Flags Center, designated as a Bicentennial Cen-
ter........................................ ..................97 358 , 417 548
" 26—Freeway 561 Corridor Location and City Island i i.ssis
sippi River Bridge, Mayor Authorized to execute
a pre -Design Agreement ............. 110, 239
Mar. 6—Finn Justin & DnloresNotice of Claim ................ .. 121, 171
6—Fourth Street Area, petitions for an
,d against the
rezoning area for professional office use .............
123 125, 159, 160, 291, 292, 408, 409,438, 440
.
6—Fraternal Order of Eagles #568, granted Class •'C"
LiquorPermit..............................4..............................
" 12—Fondell & Sons Inc., liability policy132
19—Fries Cyril J., requesting refund on Liquor Permit 135
No. C-4311................................................................... 152, 260
" 26—Fourth Street Area Task Force, requesting a meeting
to review the prel;minary version of Riverfront
Development Study . .............
..................
.............. 164
April 2
26—Ford Mary Kathryn, granted Class —Fuerst Richard, requesting vacation of an alley behind 167
his home at 1895 Roosevelt Street, and complain.
2—Frommt Building Co porn, nn
Corporation, amendment of lease
174
eof storage
to correct misdescription of property in Sears-
„ Roebuck & Company Subdivision No, 2 ............ .
30—Fire Department, advertising for bids for the repower- 183
ing and renovation of Seagrave "Quint" Fire
Engine . ......................................... .
May 7— ............ ss.....6-1-311231-278...
Y Friedman Leona R., requesting refund on Cissa
Beer Permit No. 2731 . .............................
29—Five Flags Committee, requesting that the area across 247
from the Center to be developed with an archi.
tectural design to enhance the whole Plaza area.
...........................
.....te ......................... 284, 329, 417
une 4—Fischer & Co. Inc., granted Class "C" Liquor Permit.314, 374
11—Fischer Paul H., submitting resignation as Assistant
City Manager. .......
ll—„Five Flags Scull
tune'+..•................a.................................
obtain a suitable " competition authorized to 318
ture for the Town Clock sPlaza 1VePiece of sculp•
11—Fettgather Ramona, granted Cigarette permit."';329, 330, 573
11—Felderman LaVerne granted Cigarette Permit, ..""•.338, 629
11—Ferring Theodore J , granted Cigarette Permit.338, 443
18—Fant man John ther Ramona,
a granted Class "C" Liquor Pern►it. 338
g Notice of Claim. 340
343, 390
INDEX -BOOK 103
1973
SUBJECT
Page
"
18—Furlong Leo, objections to his operation of an Over-
"
"
headDoor Co.............................................................
18—Fransen William P., granted Cigarette Permit
347
961
"
............
18—Ford Mary Kathryn, granted Cigarette Permit: ............
18—Fens Adele Mrs.,
351
"
"
granted Cigarette Permit. ...........
25 ---Fischer Marian Mrs., Claim Denied. ....
351
359
25—Federated Insurance Companies on behalf of John &
Alice Duccini, claim denied .....................................
359
"
25—Fischer Realty, lease agreement for Planning & Zon-
ingCommission.........................................................
25—Fotos George, granted Cigarette Permit . ...................
383
366
25—Fenelon Patrick, granted Cigarette Permit. ................
366
"
"
25—Fischer Bowling Lanes granted Cigarette Permit. ....
25—Fink Milton, granted Cigarette Permit . .................
366
388
'
25—Friedman Leona R., granted Cigarette Permit and
July
"
Sunday Sales Permit.................................................366
2—Fonley Doyle et, ux., Notice of Claim.....................379
2—Fire Department,
374
453 454
requesting that the City Fire De-
partment be used to man the Municipal Air-
port, rather than inexperienced firefighters. ..
379
2—First National Bank, requesting rezoning of property
at 2222 White
Street to provide for off street
parking and to remain in Multiple Zoning class-
"
ification.................................................................381
421 422
"
2—Fraternal Order of Eagles, granted Cigarette Permit.
-Fleckenstein
385
"
2 Ray, granted Cigarette Permit .................
385
"
16—Fleege Donald J., Notice of Claim. ................ .................. .
16—Fischer & Co., revestiture proceedings to be instituted
407, 522
on property located at 8th & Locust Streets, and
condition of sidewalk investigated. 407, 408, 419,
420, 571
30—Fire Chief, submitting a review of home inspections
for the past eight years .............................................
417
"
30—Flood Protection Project, acceptance of Stage H.........
434
Aug.
6—Fischer Inc., sidewalk bond . ............................................
437
"
6—Fahey Bernard, appointed to the Citizens Transporta-
tionCommittee . ........................................................449,
462
"
20--Fenley Charles L. and Ediel I., authorized to construct
private access stairway to home .............................
459
"
20—Felderman IAVerne requesting a refund on Class "C"
BeerPermit No. 2
"
. ....................................................
20—Fleming Mary C., appointed to the Low -Rent Housing
462
Commission.................................................................
465
Sept.
4—First National Bank of Chicago and William K. Stev-
ens, sale of property in the Downtown Urban Re-
newalarea . ........................................... _...................
485
"
17—Five Flags Civic Center, opposed to the idea of an
indoor ice skating facility as proposed by the
Recreation Commission..... ........................................
493
"
24—Ferring Theodore J., granted Class 'B" Beer Permit.
511
Oct.
8—Fisch Robert, requesting the Council to 'stay' with
RiverValley Cap .........................................................
524
Nov.
5Finley Hospital School of Nursing, requesting permission
to
sell candles, candy and stationery from house
tohouse.........................................................................
574
"
19—Food Service Establishments, fixing and establishing
fees for the issuance of Permits by Ordinance
No. 53.73..................................................................... 589, 600
"
19—Fondell & Sons, requesting permision to excavate
in Pennsylvania Avenue . ........................................
589
Dec.
3—Faulhaber, John objecting to proposed parking chang-
es in the 1800 block of Kane Street and in lieu
"
thereof have Student Parking ...............
610
17—Fuhrman, Robert L. Notice of backed -up sewer claim
625
INDEX—BOOK 103
1973 SUBJECT
Page
G
Jan. 2 --Grandview Avenue, concrete paving with integral curb
from W. P. L. of Southern Avenue to S. P. L. of
Whelan Street, schedule of assessments . ............
16, 26
" 16—Grace Cletus Paul, settlement of suit .............................
41
" 22• --Gibbons Ethel D. settlement of claim . ........................
"
46
22 --Graham's Style Store for Men Inc., certification of
completion...................................................................
51
" 29 ----Grace Mark T., Notice of Claim . ....................................
57, 194
" 29—Gunderson Rogert A., Notice of Claim . ....................
"
58, 421
29--Gudenkauf Lloyd S., requesting vacation and convey-
ance of part of Dexter Street, lying between
North Grandview Avenue and Adair Street.........
62, 137
Feb. 12—Goetzinger property located at East 14th Street in
East Dubuque No. 2 Addition, Notice of Expira-
tion of right of redemption from tax sale on Lot
387 and S. % of Lot 386 .................... .........
Mar. 6—Gore Lew, granted Cigarette Permit and Class "C"
78, 145
Liquor Permit . ............................................130, 132, 351,
" 12—Gregory Lou Ann, by Leonard Gregory, her father.
629
settlement of suit . ...................................................
"
138
12—Gilchrist Place, approval of plat of Lot 2 . ...............
April 2 ---Governor Robert D. Ray, advising of a conference on
1
the Aging to be held in Des Moines ....................
171
2—Goedken .Herbert E., Notice of Claim.. .171, 360, 421, 437, 454
16—"General Revenue Funds,"
proposal submitted by the
City Manager for the expenditure of "federally
shared funds" in the amount of $932,912.00.
193
...
16—Grimes John R., Notice of claim filed by Reliance
InsuranceCo.............................................................
16 --Gross Donald, Notice of Claim
1
195
5
....................................
30--Guler Bert, Notice of hearing on application to sell .
9
real estate covering Lots 566 and 567 in Lenox
Addition......................................................................
May 7—Gilgann Edward et. al., objecting to construction of
232
„ sidewalks on Van Buren Street.248, 260
........................
14•—Goerdt Merl F. et.
a]., requesting annexation of Lot 1
of I of I Of 3 of I of Sub Of I
Of I of I and Lot 2
of 1 of 1 of M. L. 324, Sec. 12, T. 89 N. R. 2E and
Lot 1 of 1 of M. L. 323, Lot 1 of 1 of 2 of M. L.
324 and Lot 94 in O'Neill's Riverview
........259, 424,
14—Grutz Clarence (Barney) sidewalk bund
483
....................
June ll --Glynn John F., "'••
" l"oerdt ConstructionnCo ca
259
338
, liability de Workmen Com-
„ Pensation Policies. ...................
18—Goedken J. R., requesting that Leo Furlong
342
dlbia
Overhead Door Co., be required to cease opera.
tions due
to his expansion from his original
„ building in a residential
area . ................. . .
1"rant Agreement between the Federal Aviation Ad.
347
ministration and the Dubuque Municipal Air_
IS--Gintep Donna :................ .... ....... ......... ...........................349, 350,
grantec
18— Gooch Captain. Ar ye Permit
354
351
Salvation ......
.ubmitting a copy of
a letter that was sent
to Representative Joseph
Clark concerning the recent
assault on the work
being done by the Civil Defense
Director, Ben
O'Lea25--Grasseel
........................
David awarded..Eagje..$a jge as a- member of
ue
352
ce
lorer
5 --Go ission for the handicaop "" '"
lines
356
Pped. Mrs. Vil-
addressed the Council concerning building
construction
with consideration shown for the
„ handicapped.
.................
25—Graham Thomas F. ...... ......
•. appointed to the Adviso
356
mission. ry Com.
2"l mission
Beverly,.....................................
granted Cigarette Permit,
25—Giunta Marco.
356
granted Cigarette Permit. . •.""""".3N
.........
366
INDEX—BOOK 103
1973
SUBJECT _
Page
"
"
25 --George Frank & John, granted Cigarette Permit.........
366
25—Grabow Ralph, granted Cigarette Permit. ..
366
July
2 ---Gerdes Henry Jr., granted Cigarette Permit. ..
385
2—Grant Raphael William, granted Cigarette Permit.
385
"
...
2—Gordon Lorraine, granted Cigarette Permit .................
385
2 --Grandview Avenue Drug, granted Cigarette Permit.....
385
Aug.
6 --Ginter Donna M., granted Class "C" Liquor Permit.
448
11
20--Goerdt Construction Co., sidewalk bond. . ........................
451
Sept.
4--Goetzinger Rosemary Mrs., Notice of Claim
475
"
...............
"randview Avenue, request for "No Student Park-
ing' from Clarke Dr. to Ungs Street .....................
477
"
"
4--Grabow Ralph J., granted Class "C" Beer Permit. ....
17—Goerdt
486
Merle F., requesting multiple rezoning for
recently annexed
property in M. L. 324 M. L 323
and Lot 94 in O'Neills
"
Riverview . ........................
495
"
24—Giese Sheet Metal Co., Notice of Lien. (Pillsbury) ........
507, 624
2"rice Victor, replaced on Airport Commission by
"
JohnHigley.................................................................
29—Greenstein Patsy Mrs., submitting resignation from
515
theLibrary Board . ....................................................
569
Nov.
5—.Glynn John F., granted Class "C" Liquor Permit.....
578
"
I"randview Avenue, from S. P. L. of Whelan Street
to the S. P. L. of Delhi Street, final estimate
and acceptance of improvement with Concrete
Paving...........................................................................591,
592
19 ---Grant Raphael W., granted Class "C" Liquor Permit.
595
"
26—Gruber James J., requesting rezoning of property in
Dennis Dorgan Sub. from Multiple to Business
"B ,............................................................. I...................
601
Dec.
3—Giesler, Duane R. et al objecting to proposed rezoning
of Goerdt property at Sheridan, Hogrefe, Peru
Roads.............................................................................
611
"
17—Glynn, Beverly A. granted Class "C" Commercial
Beer -Liquor License ...............................................
647
17—Gordon, Lorraine, granted Class "C" Commercial Beer -
Liquor IAcense............................................................
647
"
27—Gilligan, Walter F. expressing sadness at his passing
650
ft
INDEX—BOOK 103
Henschel Richard C. & Mildred L.
requesting annexation of .763 acres of
land south of Valentine Drive
Hendricks William H. & Laura C., objecting
to thir assessment for the paving of
South Grandview Avenue
Hrynkow John, Notice of Claim
Hipschen Sussan, appointed to Human Rights commision
to replacing Patrick R. Quinn
_ INDEX—BOOK 103
1973 _ SUBJECT
pie
May 7—Hall John F., granted Class "C" Liquor Permit ........
255
" 29—Hurley Fordyce J. et. al., objecting to the proposed
Ordinance amending the Zoning Ordinance af-
fecting the 4th Street area. ..........................
292, 408
" 29—Haas Charles R., granted Class "B" Beer Permit . ........
295, 425
June 4—Herburger Jacqueline H., addressed the Council rela-
tive to the Tri-Centennial celebration and re-
enactment of Jolliet-Marquette expedition. ..
289
" 4—Hampton R. & Co. Inc., offer to purchase Parcel 4-2 In
the Downtown Urban Renewal Area for a pro-
posed motel site ......................... 299, 364, 436, 485
500, 501
" 4—Humke Maurice E., offer to purchase Parcel No. 2-6 of
Urban Renewal property. ................................294,
301, 302
11—Higgins Grace M., objecting to fumes from an incin-
erator and from an automobile parked beneath
her window at 605 Bluff Street . ............................
316
" 11—Haase C. L., sidewalk bond.................................................
317
" 11—Hartig Drug Co., by Insurance Company of North
America, Notice of Claim concerning personal
injury by Evelyn
accident C. Wieland.................319,
343
" 11—Hilkin Elmer J. et. al. (296 signatures) requesting
that Flexsteel be allowed to put in a driveway
onto East 32nd Street . .......................... .......323,
357
" 11—H. R. W. Associates requesting a curb cut on Kennedy
Road between Hillcrest and Foothill Roads ....323,
347
" 11—Heitzman A. G., authorized to execute documents on
behalf of City to obtain Federal financial assist-
ance under the Disaster Relief Act. ....................
324
" 11—Heiderscheit John J., granted Cigarette Permit. ........
338
" 11—Hartig Drug Company, granted four Cigarette Permits.
339
" 18—Hawkeye Estates, approval of sanitary and functional
features and issuance of a construction permit
by the Iowa State Environmental Department.
342
" 18—Hayes Clem, requesting vacation of a portion of Elbow
Street.............................................................................
347
" 18—Hunt George R., granted Cigarette Permit. ...............
351
" Hennen LaVerne, granted Cigarette Permit. ....................
351
" 18—Holiday Oil Distr., Inc., granted five Cigarette Permits.
351
" 18—Habeger Anthony & Gary Stewart, granted Cigarette
Permit...........................................................................
351
" 19—Hancock William, granted Cigarette Permit. ............
351
" 18—Hirsch Carl, granted Cigarette Permit. ....................
351
" 25—Holiday Inn Motel, granted Cigarette Permit. ............
366
" 25—Hall John F., granted Cigarette Permit and Sunday
SalesPermit...............................................................
366, 374
" 25—Heinz Albert, ranted Cigarette Permit. ........................
"
366
25—Hentges Dorothy, granted Cigarette Permit. ................
366
July 2—Henry's Drive Inn, granted Cigarette Permit. ........
385
2—Hantelmann Richard J., granted Cigarette Permit. ..
385
" 9—Hardie Advertising Inc., requesting a refund of $54.00
for unused permits.....................................................
396
" 9—Haas Ronald J., granted Cigarette and Sunday Sales
Permits.............................................................................
401
" 9—Home Rule Act, Chapter 1088 of acts of Sixty Fourth
General Assembly, to be adopted by the City of
Dubuque.......................................................................
402
" 30—I1ohmann Merlin F. & Rosemary, ordered to dismantle
building and clean up premises located at 1785
Central Avenue . ........................................................418,
478
" 30—Harkey Sally Mrs., Notice of Claim.................................
419
" 30—Hillcrest Builders Inc., requesting vacation of utility
easement between Lot 3 Block 10A and Lot 4 of
Block 10A in Key Knolls Subdivision .....................
424, 447
" 30—Hirsch John R.. granted Cigarette Permit.....................
432
Aug. 6—Hansen Michael R., Notice of U.S. District Court,
Referee in Bankruptcy................................. ...
438
" 6--Historical and Architectural properties designated
significant pursuant to the requirements of
Ordinance No. 28.70. ................................................438,
439
INDEX -BOOK 103
1973 -- ------ SUBJECT ----- Page
6—Haas Urban, appointed to the Citizens Transportation
Committee................................................................... 449,
6—Hemmer Andrew C., appointed to the Citizens Trams-
portation Committee . ................................................449,
" 20—Hartmann Construction Co., sidewalk bond. .........•.•.••.
" 20—Hennig Florence M., appointed to the Low -Rent Hous-
ing Commission.........................................................
Sept. 4—H. R. W. Associates, petition of Mandamus command-
ing the Building Commissioner to issue a build-
ing permit for a structure on Lot A of Block 22
in hey Knolls Sub...............................................475, 507,
4—Hawthorne Street parking prohibited on the north side
from Rhom6erg Avenue to Kerper Boulevard.
4—Huff Donald E. et. al., requesting two hour parking
on Kane Street, south side, Monday through Fri-
day
17—Herrmann Henry, submitting ideas concerning the op-
eration of the Bus system .........................................
" 17—Hogrefe & Burden Avenues, installation of a street
light recommended, ..................... ..............................
" 17—Hempstead High School, requesting permission to con-
duct a homecoming parade . ....................................
17—"Hotel," defined to include motel, motor inn, motor
hotel and motor lodge as a permitted land use
in Urban Renewal Project, Iowa R-15 .....................
24—Higley John, appointed to the Airport Commission.
replacing Victor Grice.............................................
Oct. 1—Henningson, Durham & Richardson, slide presentation
showing how other cities and towns handle solid
wastematerial.............................................................
8 --Holiday Inn of Dubuque, granted Class "B" Liquor
Permit..........................................................................
" 15-11uman Rights Commission, expression of support by
the Dubuque Council of Churches, and disapprov-
al of use of Police Department for investigation
purposes. ................................................. ...........
15—Hawthorne Street, request for removal of "No Park•
ing" signs . .....................................................
15—Hills & Dales Child Development Center Inc., request-
ing installation of a street light on Davis Ave-
nue......................................................... .
" 22—Helling Anthony A & Bette O.,
Liquor Permit. granted Class "B"
............................................................
29—Housing Supervisor, Dubuque Area Project Concern
for the Elderly and Retired, relative to the City's
failure to hire a Housing Supervisor to manage a
program for low rent income persons ................
29—Halloween Parade, request of Y' Men's Club to con•
duct a parade on October 30, 1973 . ......................
Nov. 5—Haas Ronald J., granted Class "C" Liquor Permit. ..
19—Hennessy James M„ sidewalk bond. . ...............................
" 19—Hartig Drug Company, granted four Class "B" Beer
Permits. ...........
Dec. 3—Hantelmann, Richard 1 ........................... .. .......... .......
license
granted Class C Beer•Liquor
................. .
" 17—Heiderscheit, John, ed . as .. ....en
granted Class C Beer license .....,
462
462
451
465
587
476
476
492
493
495
501
515
519
525
535
537
537, 549
560
:'c
570
578
586
595
619
646, 647
INDEX—BOOK 103
1973 SUBJECT
Page
I
Jan. 2—Iowa State Department of Health, submitting a new
approved rule relating to the State Plumbing
Code...............................................................................
7
" 2—lowa Scate Auditor to audit the 1972 financial condition
and transactions of the City of Dubuque .............
7
" 2—Iowa State Crime Commission, authorized to act on
behalf of the City of Dubuque to obtain federal
funds for programs approved by the Crime Com-
mission.......................................................................8,
65, 83
" 8—Iowa State Department of Health, advising of an in-
crease of $332,454.00 for Wastewater Treatment
Facilities.......................................................................
33
" 8—Iowa State Highway Commission, submitting a tran-
script of the public hearing held on Se tem-
ber 14,
1972, on the corridor study of the
north -south Freeway . ................................................
33
" 8—I0wa Beer & Liquor Control Department Hearing
Board, setting January 12, 1973 as date for
appeal of Phillip T. Langas .......................... ...
38
" 16—Iowa Air Pollution Control Commission advising of a
public hearing relative to air pollution control
of odors, emission data etc .....................................
39
" 16—International Union of Operating Engineers, request-
ing permission to attend meeting of the Council
to discuss eight issues to be resolved ............. 39,
80, 103
Feb. 12—Illinois Central Gulf Railroad Company, Agreement
with the City for a 30 inch steel pipe in con-
nection with Center Grove Valley Interceptor
Sanitary Sewer Project . ..........................................
82, 278
" 19—Iowa State Department of Health submitting revision
of the "State Plumbing Code" ...............................
88
" 19—Iowa State Highway Commission, submitting Agree-
ment covering TOPICS project at 10th and Bluff
Street.............................................................................
99
" 19—Iowa State Highway Commission, submitting Agree-
ment covering TOPICS project on University
Avenue from Luras Boulevard to Gilliam Street.
......................................................................100, 227,
228, 239
Mar. 6—Interstate Power Company, advising the City of Du-
buque that Bus Operations will be discontinued
as of August 31, 1973, and offer to turn over to
the City all real and personal bus property for
the sum of One Dollar($1.00) ...............................
......................120, 143, 223, 269, 270, 272, 356, 371, 410, 468
" 19—Iowa Paving Association, paying recognition to City
on its paving program . ............................................
147
" 26—Insurance Company of North America, Notice of claim
for Gail Richardson ...................................................
158
April 16—Iowa State Highway Commission, submitting maps of
the corridor location of U. S. Highway No. 52
in Jackson and Dubuque Counties and notice
of hearing May 17, 1973. ........................................
192, 535
" 16—Iowa State Department of Environmental Quality sub-
mitting a Needs Survey relative to Federal
Grants for construction of Treatment Works.
......................192, 509, 535,
542, 543
" 16—Iowa University, advising of a one day seminar on
Alcoholism...................................................................
194
" 23—Iowa State Highway Commission, requesting "Location
and Design" approval for reconstructing of Uni-
versity Avenue from Loras Boulevard to Gilliam
Street.....................................................................227, 228, 239
" 30—Iowa State Highway Commission, Extra Work Order
for the Dodge Street Corridor Study .....................
239
May 29—Iowa State Highway Commission, notice of bridge re-
pair project on Julien Dubuque Bridge . ............
284
a
INDEX—BOOK 103
SUBJECT Page
1973
29—Interstate Power Company, requesting permission to
address the Council concerning pollution control
financing. ....................................292, 301, 325, 326.327, 604
29—Iowa State Highway Commission, requesting "Location
and Design'• approval from Federal Highway Ad-
ministration for Traffic Signal System on Bluff,
White, Tenth, 'Twelfth and Fourteenth Stree.ts.
292, 293
................................................
June 11—Insurance Company of North America, representing
Cl
Hartig Drug Company, Notice of aim, advising
of personal injury accident by Evelyn C. Wie 319, 343
land..............................................................
11—Iowa State Highway Commission, requesting annexa-
tion of the right of way on Highway No. 20 into
theCity........................................................................ 324, 325
18—Iowa State Department of Environmental Quality,
approving sanitary and functional features for
Hawkeye Estates Notice #73-86W, 1438' of CIP
Hawkeye Drive and Inwood Avenue . .................... 342
18—lowa State Department of Environmental Quality, is-
suing construction permit No. 73.114•S Sanitary
Sewer Plans, Phase 1 for Hawke }e Estates......... 342
" 18—Iowa State Highway Commission, submitting agree-
ment for Primary Road Extension Maintenance
to June 30, 1974 in amount of $3583.50 ............... 342
" 25—Iowa State Auditor, Report of records of the City for
theyear 1972 . ................................................... 357
" 25—Iowa Commission for the Blind, granted Cigarette Per.
mit................................................................................. 366
July 2—Iowa State Department of Environmental Quality, Mr.
Joseph Obr addresed the Council relative to
Sewage Treatment Plant. _377, 378, 437, 473, 517, 535 54:3
" 16—Iowa Conservation Commission, requesting work and
cost estimates on the restoration of City Hall..... 407
" 30—Imperial Lanes Inc., granted Class "C" Liquor Permit... 433
Aug. 6—Iowa Coaches, Inc., offer to purchase a parcel of
property in the Industrial Park . ............................ 435
20—Iowa Engineering Society, recommending that a reg-
istered professional engineer be appointed as a
member of the Transportation Committee. ........ 450
20—Indian Ridge, installation of a street light requested
by Roy Vyverberg et. al...........................................461, 474
20—Imperial Lanes Inc., granted Cigarette Permit• ............ 464
Sept. 24—Iowa State Auditor, submitting report of Disaster
Claim in amount of $25,841.02 . ............................507, 584
Oct. 22—Iowa Department of Environmental Quality, submit.
ting sanitary survey of Dubuque Municipal Wa-
terSupply................................................................... 549
" 22—Investment Planning Inc., offer to purchase Block 8,
Parcel 7-4 in Downtown Urban Renewal Project,
Iowa R-15.............................................................556, 614, 640
22—Iowa Northwestern Development Co., approval of plat
of Blocks 4 and 5 in "Arbor Oaks Subdivision,
and requesting installation of street light. ....... 558, 589
Nov. 19—Iowa Conservation Commission relative to utilization
of Area "C" as a State Park . ............................. 597
" 26—Blinois Central Gulf Railroad, Easement Agreement
with City of Dubuque...........................................1 603
Dec. 3—Iowa State Highway Commission submitting maps of
proposed corridor location of Freway 520 in
Delaware and Dubuque counties .................
."' 60714—Interstate Power Company issuance of $4,400,000
Pol-
lution Control Revenue Bonds .............................. 620, 621
17—Iowa State Highway Commission submitting copy of
Iowa's approved action plan in developing a proj•
ect on the Primary Road System ............................ 624
INDEX—BOOK 103
1973 _ SUBJECT _
Page
i
Feb. 19—„1. F. K. Foods, granted Class "B" Beer and Cigarette
Permits. .............................. .... ....................100,
Mar. 26—Jotham William R., requesting refund on Liquor Per-
144. 374
mit No. C-4549 and Cigarette Permit No, 18....
165
April 2.–Johansen P. D., requesting rezoning of property in
Block 5 of P. D. Johansen Sub. from Single to
Multiple Family classification . ..............................174
277
16 ----Jaycee City Hall Renovation Committee, requesting
permission to address the Council concerning the
results of a conducted study...................198, 277,
284, 509
3(1` --Jolliet Marquette Tricentennial, requesting permission
to sell buttons from door to door . ........................
236
May 29--lacobson's Incorporated, authorized to construct a
loadingdock...............................................................
287
July 9—Johnson Clara L., granted Cigarette Permit . ................401,
629
Aug. 20—Justmann C. Robert Councilman, submitting a resolu-
tion encouraging promotion to designate Du-
buque as a Port of call for river trade, to es-
tablish a waste disposal study team to explore
feasibility of building a plant to process waste
to produce electricity . ................................................
464
Sept. "ustmann C. Robert Councilman, moved the allocation
of $208,300 from the Revenue Federal Sharing
funds to bring the City Hall into compliance
with City, State building and fire laws . ..............
487
17 --Johnston Arend, appointed to the Youth Services
Bureau. .....................................
492
Oct. "ustmann C. Robert Councilman, expressing concern
about the activities of the Human Rights Com-
mission and suggesting that Realtors be given
the opportunity of selling Urban Renewal prop-
erty.................................................................................
522
Nov. 19--Justmann C. Robert. Councilman, relative to a letter
he received from the Iowa Conservation Com-
mission concerning utilization of Area "C" as
aState Park...............................................................
597
INDEX—BOOK IM
1973 SUBJECT
Page
K
Jan. 2—Key City Bank & Trust Company, appointed official
depository of public funds . ....................
5
" 2—Kahle Marvin, ordered to dismantle building located
at 1208 Dodge Street and clean up the premises. .•
13
" 2 --Kies Donald, granted Class "C" Beer & Liquor Per-
mit.................................................................................
29, 30
" 2--Kachevas James P., granted Class "C" Beer & Liquor
Permit...........................................................................
30
" 3 --Koos Richard J. and Kathryn Koos, Decree filed in
favor of the City and County of Dubuque con-
cerning annexation of Rockdale Road . ................
36
" 8—K & K Heating Co., requesting a refund on Permit No.
21.600.............................................................................
" 8—Karigan Gust & Andrew, requesting consideration of
37
their property at 4th & Central in the event
temporary offices are needed by the City during
renovation of City Hall . ..........................................
" 22 --Key Knolls Subdivision, rezoning of Block 22 to Local
T7
Business "A" classification recommended by
Planning & Zoning Commission
49, 9()
. ............................
22—Kunkel Kenneth N., Notice of Claim . ............................
" 29—Kruser Vickie, Notice of Claim
50, 157
. „
-Kraemer Ma G., Cigarette rette Permt. ........
....................................
6—Kirchberg Gerald C.,granted Class "C" Beer dLiquor
57, 19429
ggFeb.
„ Permit . .......................................... ..........
19—Karr Robert J., granted Cigarette and Class "C" Beer
76
& Liquor Permits . ............... ..........100, 101. 374
April 2 --Kennedy Road Corridor Project, a Scope of Study
presented by the Planning & Zoning Commis-
sion ...................
--K
" 2nights of Columbus Council 510, a
granted Class "C"
1w)
Liquor Permit,
" 16—Kenneally Helen M., Notice of Claim .............................
16 --Kush Roy A, & Marie L. Notice of Suit.... ""'
188
195
16—Klavitter Nelson P, & Ramona R., conveyance of Lot
86A and easterly 19.96 feet of Lot 87A
195
Addition. of Wood's
„ ........................................
16—"Kennedy-Larches Subdivision", a
PProval of plat of.
May 14—.Keystone Gelatin Co.,
203
208
concerned about contamination
due to the sale of land to the Key
City Plating
" 14—Key Corners land Kacent eym 257,
450
nt Drive, withdrawn from the
"
2t) --Kali Ben3CSMrs., Notice ofmCla:....•••••••••............ 260
" 29—Knapp William, 286, 474
appointed to the Planning &Zoning
Commission
. .......................................
June 11 -._-Kies Donald, granted Cigarette Permit.... ..
ll—Kretz Ernest J., """"'
239
339
granted Cigarette Permit.
" 18--Klauer Jame,
„ s J., granted Cigarette Permit. ..
l& --Kennedy Mall
339
351
„ Cinema, granted Cigarette Permit, ,...,..,
„ 18—Kroeger Jeanette M., granted Cigarette Permit,
18--Koeller Duane,
351
•.•,...
granted Cigarette Permit. •••• 351
" 18--K-Mart, granted Cigarette Permit, ........,,,•• ..... •...351, 545, 556
18--Kachevas James,
•
granted Cigarette Permit. .......... .
„ 18 ---Kremer Mary G., granted Cigarette Permit.
25 --Kraus Chandler
351
351
......
Mrs., appointed to the Advisory351
„ mission Com.
. ........................
25--Knghts of Columbus. •"••'•"'"......•..
" 251—Kra'jnovick Elizabeth, granted Cigarethe Permit, ........
"
356
366
25 --Ko granted Cigarette Permit. ........
" PP1e Harry, granted Cigarette Permit.
25—Karr Robert,
366
„ granted Cigarette Permit. .........""."""
25--Krainovich Elizabeth, ,**'• -,
366
366
•••'•'
granted Class "C"
„ Liquor Per-
............... ..
29`Kaehevas James
. granted Sunday Sales Pe
July 2—Kelly I,ane installation ,
387
374
of stop sign recommended to
provide that westbound vehicles stop at the in-
tersection of Kelly Lane
and Fremont Avenue... 381,
391
INDEX—BOOK 103
SUBJECT
Page
" 2 --Kelly Robert P.ss
, granted Cigarette Permit and Clan
"C" Liquor Permit.
.................................... 386, 413,
" 9—Kieffer Richard Mrs., claim denied ....................
"
590, 602
9—Kirchberg Gerald C., granted Cigarette Permit....
"
4011
16—Kennedy Ron et. al., requesting parking on both sides
of Wilson Avenue . ....................................................
"
410
30—Koehler Mildred Mrs., Elma Rembold et. al., ordered
to dismantle building and clean up premises at
1781.1783 Central Avenue . ......................................418,
" 30—Key Knolls Subdivision, request of Hillcrest Builders
479
for vacation of a utility easement in Lot 3 and
Lot 4 of Block 10A ...................... .........424,
447
30—Klauer James J., granted Class "C" Liquor Permit.....
432
Aug. 6—Kehl Robert, granted Cigarette Permit .............. .......
447
6 --Kopp Eugene L., granted Cigarette Permit . ................
447
" 20—Rey City Plating Co., submitting copy of letter from
Corning Laboratories relating to existing prob-
lem with Keystone Gelatin .....................................
450
" 20—Koeller Duane C., granted Class "C" Liquor Permit.....
465
Sept. 4—Kane Street, petition requesting two hour parking
Monday thru Friday
. ................................................
" 4—Kiwanis Club, requesting permission to conduct their
476
1973 Peanut Sale . ......................................................
477
" 4—Knights of Clumbus Council 510, granted Class "C"
LiquorPermit.............................................................
486
13—Kutchera Barbara Sr., replaced on Human Rights Com-
mission by Allin Bond ...............................................
490
" 17—Koeller Duane C., granted Class "C" Liquor Permit.....
504
" 24--Kopple Harry, granted Class "C" Beer Permit .............
24—KDTH
511
objecting to proposed policy by Councilman
fustmann
preventing staff members from divulg-
ing information to the news media .......................
515
Oct. 8—Kuehn Archie et. al., requesting a street light on
BradleyStreet.............................................................523
536
'
" 15—Kieffer Francis H., sidewalk bond ...................................
535
" 25—Keystone Gelatine Company, complicance with Amend-
ment to Consent Order in the matter of Pollu-
tion of the Mississippi River . ................................
543
Nov. 5—Kroeger Jeanette M., granted Class "C" Liquor Per-
mit.................................................................................
478
" 19—Kaufmann Avenue, request for parking on one side
of street only, between Carter and Evergreen.....
589
" 19—Key City Investment Co., requesting annexation of
Waechter Plate in Center Grove in Dubuque
Township.......................................................................
550
Dec. 17—Kaiser Gordon et. al., requesting No Parking regula-
tions
along Sunset Park Circle at Kennedy
Road...............................................................................
628
" 17—Kopp Eugene L., granted Cigarette and Class C Com-
merical Beer -Liquor Licenses . ................................ 646, 647
" 17Kachevas James P., granted Class C Commercial Beer -
LiquorLicense............................................................
647
INDEX -BOOK 103
1973 SUBJECT Page
L
Jan. 2 -Library Board, requesting a meeting with the Council
concerning present and future needs . .................. 7
2 -Low Rent Housing Commission, submitting minutes of
meetings . ........ 8, 55, 103, 133, 156, 284, 377, 473, 517, 548
2 --LaRue William G., Notice of Claim ................... 9
2 -Lease Agreement between Louis Mihalakis & Milton
Schwartz with the City of Dubuque for rental of
the former City Garage at 14th do Elm Streets... 15
8-Lemmer Carl J. requesting rezoning of property in
M. L. 452, Section 16, Dubuque Twp, from Single
Family to Local Business "A" classification. ... 37, 57
8-IAngas Phillip T., Appeal before Iowa Beer & Liquor
Department set for January 12, 1973 . ..................
38, 57, 139, 140, 225, 256, 258, 269, 294, 301
22-Lil Giant Food Stores, requesting refund on Class
"C" Beer and Cigarette Pernu s ................... 51
League of Women Voters, presenting the Council with
booklet entitled "Know Dubuque 55
Feb. 6 -Luther Manor Nursing Home, endorsing the proposed
Ecumenical Housing project at 6th and Locust
Streets. 7o
6 --Low Rent Housing Commission, designation of $200,-
000 Revenue Sharing Funds recommended by
Councilma12-Law Enforcement Center, Pr ............ ,
72
funds through the Iowa Crime Commissifor on matching
ect................ 154, 313
19- 83
Lemmer Ralph L., authorized to construct an id 83
tification sign base . ........................
Mar. 6 -Lewis Merlin K., requesting the vacation of Lot 4B of 41
„ M. L. 472.
6 -Luras College, request to conduct a "Sha..m...r.ocks........for
........ 122
Dystrophy" drive . .................................
6-Langas Phillip, granted Class . . "C" B.e.e....r Permit..............o
lib
6 -Lucky Stores, Inc., granted (3) Class "C" Bei per_ 131, 301
mits" 12 -Low Ren Housing Commission, submitting a deter-
................................. 131
mination of a subsidy report for low income house.
„ holds-
.............................. .
19 -League of Women Voters, submitting names of Ed. 133, 15t1
ward Cawley, Mrs, Vince TimPe and Mrs. Gloria
Lipper as members of Citizens Committee for
the north -south freeway.
147 College, requesting permission
to conduct a
„ carnival and fireworks display.
19 --LAW ENFORCEMENT C 'TER bids 'to "be'•receiv 151
on May 22, 1973 and to be'let on May 29, 1973.
................................................. let o ..
213,
215, 217, 21$, 153, 284 307, 308, 309', 313' 331,334, 335
26--Lenger Joseph R., granted Class "C" Beer 33
April 2 -Lynn William J., requesting refund on Class Permit. Beer 166
" 16- LorasPCollege it oStudent 5 and oBody 8 requesting ette Peit No. 27..... 174
to conduct a Bike Relay, Permission
30 -Law Enforcement Center Bonds, advertiseme
sale in amount of $205,0(10 197
" 30 --Leonard Oil Company, ..237, 281 nt 0,
P y granted Class .C„ eer' 310, 311, 313
mit. Beer Per.
...........................
May 14 -LYONS PARK P .......................
ROJECT NOl40
. .................... .
to acquire 39 acre Rees 1' proposal submitted
public park and conservation arrea. for use as a
21--'Ltbrary Board, requesting consideration26on 2the68 574, 574, 575, 629
appointment of Rev. Karl G. Schroeder and Dr.
George Ehlhardt.
21-Lundh Al., reappointed to the Advisory Commission...
.o*t'.....................................
21-IxPPert Hilda M., rn ' ' ' • 278
2g -Langan Phillip T,, questing suspension of 277
granted Class "B' Be taxes. ... 2??
Beer Permit. ...... 294, 448
INDEX—BOOK 103
1973
SUBJECT
Page
"
29—Lorice Inc., offer to purchase Parcel No. 2-6 of Urban
Renewal property...............................294, 301, 302
400, 411
June
4—Liquor-Beer Sales on Sunday, advocation of sale of
beer and liquor and directing the City Clerk to
forward resolution to the Speaker of the House...
303, 368
"
11—Lorimer Street, recommendation of the City Manager
that the name of the street not be changed.......
317
"
11—Law Enforcement Center, retention of Urban Renewal
Land for the construction of a Law Enforcement
Center...........................................................................331,
335
11—Lucky Stores Inc., granted four Cigarette Permits, ....
339
"
"
11—Leonard Oil Company, granted Cigarette Permit.........
339
"
18—Lange James, granted Cigarette Permit .........................
18—Lenstra Thelma, granted Cigarette Permit . ..................
351
351
"
18—Lester Catherine, granted Cigarette Permit . ................
351
18—Love Philip R., granted Class "C" Liquor Permit.........
352
"
25—Lubbers Lloyd, requesting permission to raise a side-
walk on Southern Avenue 4" higher than the
existingwalk...............................................................
360
"
25—Langman C. H. & Sons, demolition work completed
andaccepted...............................................................
363
"
25—Love Kenneth J., granted Cigarette Permit and Class
"C„ Liquor Permit .....................................................
366, 386
July
2—LuGrain William, sidewalk bond .....................................
377
"
2—Luras Colege, requesting permission to conduct a
Home
-Coming parade on October 13 .....................
381
"
2—Luras College, granted Cigarette Permit .......................
385
"
16—Love Phillip R., granted Cigarette Permit .....................
412
"
30—Leibold Tom & Associates, requesting rezoning of Lot
2 of 1 of 3 of St. Mary's Place to Multiple Dis-
Classification
trict . ....................................424, 507,
508, 532
"
30—Lang Elsie, requesting suspension of taxes on property
at 904 Lincoln Avenue . ............................................
425
"
30—Langas Phillip, granted Cigarette Permit .....................
432
Sept.
4—Luerkens William & Jeanette, liability policy .............
474
"
4—Ludescher J. J., requesting "No Parking" signs on
east side of Grandview Avenue from Clarke
Drive to Ungs Street .................................................
477
'
4—Leath and Company, sale of fixtures in the Downtown
Urban Renewal area .................................................
484
"
13—Leath Building, proposed as a possible location for
City Hall
493,
a ...........................................................490,
504
"
17—Lammer Ben, objecting to unsanitary conditions ex-
isting around the Cosley property on Asbury
Street.............................................................................
493
Oct.
1—Landfill Site, petition containing 1500 signatures of
property owners objecting to a proposed landfill
site on David Waller farm, presented by Thomas
W. McKay.....................................................................
518
"
22--Loras Boulevard, "No Student Parking" on west side
from 1500 to 1800 block and Edina Street from
Alta Vista to alley .....................................................
549
Nov.
5—Land & Water Conservation Fund Program, the City
to apply for a federal acquisition grant in con-
nection with the resources of the E. B. Lyons
Estate for the purchase of the Reed Property
consisting of 34 acres in Section 6 of Dubuque
Township...............................................................574,
575, 576
"
19—Landon William Jr., recommended for appointment
to the Youth Services Bureau .................................
584
"
19—Lundh Alvin, Objecting to the proposal to renovate
theCity Hall...............................................................
594
Dec.
3—Link Donald F., et. al, objecting to proposed parking
changes on Kane Street, also requesting two hour
parking........................................................
"
3--Lundh, Alvin, submitting sketch of buildings proposed
for Goerdt property construction off Sheridan
Road...............................................................................
611
INDEX -BOOK 103
1973 SUBJECT Page
3—Low-Rent Housing submitting resolution endorsing
Ecumenical Housing Project for the elderly ..... 615
17—Low-Rent Housing submitting minutes of meetings of 623
November 24th and 29th ........................................
17—Lang Charles, Notice of personal injury claim ............. 625
INDEX—BOOK 143
1973 SUBJECT
Page
Mc
.Tan. 2—McEvoy John Mrs. Notice of Claim . ................................
9, 57
" 8—McNeil J. Timothy, replace on Advisory Commission
byFrank Miller.........................................................
38
" 16—McDowell Appliance, claim denied . ................................
40
29—McDonald Raymond G. Jr., ordered to dismantle build-
ing located at 614 Lincoln Avenue .......................
55, 95
Mar. 26—McSperrin Melvin B. do Richard Stecklein, granted
Class "C" Liquor Permit . ........................................
167
" 26 --McGhee John C., Settlement of Claim .............................
224
April 30—McCarty Marcella, requesting a refund on Class "C"
Liquor Permit No. C-3404 . ......................................
236
July 2—McDonald A. Y. Mfg. Co., granted Cigarette Permit, ..,.
386
" 16—McCullough J. A., objecting to poor cable TV recep-
tion.................................................................................
410
Asir. 6—McKay Thomas W., appointed to the Citizens Trans-
portation Committee . ................................................449,
462
" 6—McLaughlin Helen K., appointed to the Citizens Trans-
portation Committee . ................................................449,
462
20—McKay Thomas W., address the Council as a repre-
sentative for a group who opposes the proposed
landfill site.................................................................
466
Sept. 4—McCaughey Carol M., granted Cigarette Permit. ........486,
614
Oct. 1—McKay Thomas W., submitting a petition containing
1500 signatures of land owners objecting to the
proposed landfill site . ..............................................
518
Nov. 5—McDonald Construction Company, sidewalk bond,
Workmen's liability compensation policy and
automobile liabilitypolicy.......................................
573
Dec. 3--McEllhiney William, member of Dock Board, submit-
ting list of immediate needs for Area "C" ........
607
" 3—McCarthy Mike, requesting vacation of a storm sewer
easement.......................................................................
614
" 3—McCaughey Mrs. Carol, requesting cigarette refund ....
614
INDEX—BOOK 103
1973 SUBJECT
Page
M
Jan. 2—Moldenhauer Wayne A., submitting Mayor's weekly
report of December 31, 1972 ...................................
2, 8
" 2—Mississippi River -Illinois Waterway 12' Channel Study,
completion of Phase I submitted by the U. S.
Army Corps of Engineers . ......................................
7, 102
" 2—Mihalakis Louis & Milton Schwartz, approval of lease
for former
agreement rental of City Garage at
14th & Elm Streets . ........................................... ....
15
8 --Miller Dean, appointed to Human Rights Commission.
replacing Dr. Vernon .................................................
38
" 8—Miller Frank, appointed to Advisory Commission re-
placing J. Timothy McNeil . ....................................
38
" 16—Marburger Gary W•, claim denied . ................................
40
" 16—Mississippi Valley Milk Producers Association, re-
questing refund on Cigarette Permit No. 256
andNo. 235................................................................
" 16—Mississippi Valley Milk Producers Association, re-
42, 75
questing refund on Class "C" Beer Permit No.
3001.............................................................................
" 16—Mayor's Industrial Committee, approval of Option
Agreement between City of Dubuque and Ther-
42
molyne Corporation On Lot 1 of Block 12, Block
13, and Lot 1 of Block 14 in "River Front Sub-
division No. 3" . ................. ....................
22—Meyer Richard A., Notice of Claim ..............
"
43, 81
50, 157
29—Murdock Stare5 •, a m - m - appointed to the Airport Commission - "" '
replacing Lloyd Peterson ................
" 29—Mineral Lot 472, a p " •••
„ approval of plat of Lots 4A 4B...
55
and
29—Mercy Medical Center, requesting rezoning; of prop
erty to
63
permit operation of a pharmacy or
apothecary
..... ............... ..61. 67, 104, 105. 106, 108
Feb. 6—Moldenhauer Councilman, designating $200,000 Rev-
enue Sharing Funds to the Low Rent Housing
Commission.
...............................................................
12—Miehe Ray G. et. al., requesting sewer service
72
to their
„ properties on Bies & Kebbie Drives............
12 --Mayor Bitter, submitting copy
of letter which was
sent to Mayors and Supervisors in Dubuque
County, Jo Daviess
County Illinois and Grant
County Wisconsin,
urging support to the Emer•
„ genev Bridge Replacement Program ....................
19—Murdock Stacey, bond
84
........................................................
" 26—Magnuson Paul if., Notice of Claim
"
88
....................
26—Miller Leo M, et. al., objecting to rezoning of Mercy
„ center property
104
26--MayorMBitter authorizcal
ed xecute......... ..
pre-Designgree-
ment covering the U.
105
S. 561
Blocation and City Island Mississippi River
ridge . ............................
..........................................
Mar- 6—M. L. 472, Lot 4B, vacation and conveyance to Du•
Community
110
6--Masterpole Kathleen, ••
epre representing
122
residents
of Fourth Street area objecting to
amendment to Article IV, Section 2 (h)of Ordii--
p
„ nance No. 3-34.
........ 125, 159, 160, 2,q1, 408, 409, 438. 440
6 ---March of Dimes, requesting permission to conduct a
„ drive . ................................
6—Municjpal Street and Parking ..Re • • ............................
„ 1972, Port for the Year
126
12—Moldenhauer Councilman,.. r .................”' .....................
u a report from
the Law Enforcement C
126
ntertng
„ increased expenditure of $3500 roup relative to
12 ---Menke C. T., objecting to
'book
133
the business of d rtY'
„ stores. .......,.
12—Meehan John V . ...... .....................I.............
& Naomi R., Notice of Declaratory
Judgment to declare
133
the title t
of Eagle Point Viewo Lot 2 of 1 of 1
......................................
I ...... ...
138
INDEX—BOOK 103
1973 SUBJECT
Page
" 12—Mayor Authorized to execute a Memorandum of Un-
derstanding with the United States Department
of Housing and Urban Development .....................
141
" 12—Michalakis Ellas, Notice of Expiration of Right of
Redemption.................................................................
148
" 26—Mettille Carlton, Relative to retaining bus service for
theCity.........................................................................
156
" 26—Metelak Janet K. &Robert, Notice of Claim .................
April 2—Merchants Mutual Bonding Company, authorized to
transact business in Iowa . ........................................
170
" 2—Memorial Day Committee, requesting permission to
conduct a parade on May 28, 1973 .........................
189
" 16—Mayor's Industrial Committee, recommending sale of
parcel of land in Block 5, Riverfront Subdivision
No. 3 to L. C. Rugs Associates .........................192,
422, 482
" 16—Mayor Bitter, submitting a letter of Mayor of Sioux
City, ur&ing support to legislation regarding
local option taxes . ....................................................
192
" 16--Mettel-Byrne Addition, approval of plat of Block 6 and
Block7.........................................................................206,
207
" 16—Marco's Inc., granted Class "C" Liquor Permit.
" 23—Miller
220
Mary A., granted Cigarette and Class "C"
LiquorPermit.............................................................
228
May 7—Moldenhauer Councilman, excusing his absence from
meeting.........................................................................
243
" 7—Majerus James N., granted Class "C" Liquor Permit.....
255
" 7—,Mescher Vincent, Notice of Claim.....................................258,
285
" 18—Mayor's Proclamation of Notice of Special Election on
the proposition of establishing and acquiring a
Transit System for the City Dubuque
of . ............
.................................................... 271, 276, 356, 371,
410, 468
June 11—Montgomery Ward, granted Cigarette Permit .............
339
11—Meitl Cyril N., granted Cigarette Permit and Class
.,C„ Liquor Permit .....................................................339,
340
" 11—Miracle Car Walsh Inc., granted Cigarette Permit
18—Municipal
339
Court, inventory submitted by the City
Manager.......................................................................342,
407
" 18—Miller Radio do TV, requesting permission to install
marquees.....................................................................348,
393
" 18—Meyers Kermit, granted Cigarette Permit .....................
351
" 18—Mescher Vincent W., granted Cigarette Permit. .......1
351
" 18—Majerus James N., granted Cigarette Permit . ............
351
" 18—Myers Russel E., granted Class "C" Liquor Permit.....
352
" 25—Mortenson Mary Lou, appointed to the Youth Serv-
icesBureau.................................................................
356
" 25—Myers Russell E., granted Cigarette Permit .................
366
" 25 --Meyer Catherine M., granted Cigarette Permit. ........
366
" 25—,Merchants Hotel, granted Cigarette Permit .................
366
" 25—Mr. Steak, granted Cigarette Permit . ............................
366
" 25—Miller Gerald E., granted Cigarette Permit. . ...................
366
" 25—Meyer Catherine Mary, granted Class "B" Beer Permit.
367
July 2—Miller Mary A., granted Cigarette Permit and Sunday
SalesPermit...............................................................385,
401
" 2—Meyer Herman J., granted Cigarette Permit .................
385
" 2—Manahl Dennis, granted Cigarette Permit .....................
385
" 2--Mihalakis Shirley, granted Cigarette Permit . ............
386
July 16—Mayor's Industrial Committee and Dock Board, ad-
dressed the Council relative to the remaining
saleable property on the Industrial Island. ....
" Dystrophy Association,
406
16—Muscular requesting permis-
sion to conduct a fund drive . ................................
406
" IS—Medical Associates Bldg., to be reviewed by the
City Council.................................................413, 515,
528, 546
" 16—Mister Kellys, granted Class "C" Liquor Permit.........
413
" 30—Morett Merlin, granted Cigarette Permit . ....................
432
" 30—Moldenhauer Councilman, submitting resolutions rela-
tive to housing City Government ...........................433, 490
INDEX—BOOK 103
1973 SUBJECT
Page
Aug. 6—Mayor's Industrial Committee, recommending sale of
parcel of property in the Industrial Park to
United Parcel Service ..................... ..............
435
" 6—Mayor's Industrial Committee, recommending sale of
parcel of properly in the Industrial Park to Iowa
Coaches, Inc...............................................................435
" 6—Montelius William B. & Shirley Ann, Notice of U.S.
District Court, Referee in Bankruptcy .................
438
" 6—Mackert RoyC., appointed to the Citizens Transporta-
tionCommittee
. ..........................................................449,
" 20 --Michels Clara L., Notice of Claim . ................................
462
454
Sept.17—Moldenhauer Councilman, requesting inquiry as to
why Leath Building proposal has just come to
light. ..............................................................................
" 24---Moldenhauer Councilman, requesting a change in the
parking meters
504
adjacent to the City Hall ..
Oct. 1—Metropolitan Planning Commission, relative to Region.
Region-
515
al Planning and Federal & State Grant in -Aid
Programs. .........................................
" 1--Mihalakis .John P. rmit l s
"C" Liuor ),Wanted Cigarette Permit and Class
eciates
517
8—Medical AssoRealty Company, offer of their' 521
property at 1200 Main Street for the sum of
$360,000. ........................
............
" 15—Meyer Donna Mrs., thankin • ......•,...•.for..ext-
g the City for extending
„ bus service to Sunset Park.
528
...
15—Manders Don J., Notice of Claim-
"
535
22—Myers Robert Dr., cafe ....538,
presenting City with certificate of
Official Recognition as a Bi
587
-Centennial City. ...
22—Maiers Al. G., requesting permission to excavate
548
2660 Central Avenue at
"
. ...............
22 --Murphy Joan R. granted Class •'C" Liquor Permit.....
Nov. 19—Moldt Electric do Lighting Maintenance,
555
560
icier. ......... liability pol-
" 19--Metelak Janet K..,. Notice of Suit. ....................................
19 --Milk Fees Mixed and Established by Ordinan ..No.
52-73.
588
................................................... .
26 --Miller Gerald E., granted Cigarette and Class •'C 588. 599
Liquor Permits
. ..............................
Dec. 3—Mihalakis, Shirley granted Class C Commercial, Beer.
Liquor 629
Liquor applications
and license .......................
" 17—Mayor's Industrial Comm. submitting application
619
for
Purchase of land in River Front Sub. No, 3 from
American Optical Co........
17—Moran, Kenneth J. Notice of car damage claim .............
" 17—Mihm, Bernard W.
gp ,g
petition for suspension of 1971.72
taxes on W. 130' of Lot 46 Cox Addn.
............
628
INDEX—BOOK 103
1973 SUBJECT
Page
Jan. 2—N. E. Iowa Crime Commission authorized to act on
behalf of the City of Dubuque to obtain federal
funds for programs approved by the State Crime
Commission...............................................................8,
" 2--Neumeister John, granted Class "C" Beer Permit.....
"
65, 83
29
16 --National Federation of Blind, requesting permission
to address the Council relative to the Civil
Rights Ordinance.......................................................
42
" l6—Northwestern Bell Telephone Co., requesting permis-
sion to excavate at intersection of Pennsylvania
Avenue and J. F. K. Road . ................................
43
22—National Tea Company, granted Class "C" Beer Permit.
29—Noel John E., Class "C" Beer
53
granted & Liquor Per-
mit. ............................................:.........................
Feb. 6—Nesler Thomas O. Dr. requestingaction on the pro-
improvement
65, 323
posed of West Tenth Street .............
72
19—North-South Freeway, Citizens Freeway Study Com-
mittee to be appointed by the Mayor .....................
96
" 26—Nemmers-Pearson Medical Clinic property rezoned to
Hospital Medical District . ........................................
107
Mar. 6—Nash Russell & Ruth, requesting rezoning of property
at 471-473 West Fourth Street for professional
office use, and supporting the Historical Society
to
relative the restoration of buildings on 4th
Street . ........ 123, 125, 159, 160, 194, 291, 408, 409
438, 440
" 12 --Nagle John A., ordered to dismantle building located
at 1637 Iowa Street and clean up the premises.
134, 200
April 23—Ney Raymond, granted Class "C" Liquor Permit........
228
" 30—Nauman Gregory H., Notice of Claim ................. ......
233
May 29—Norwood Nelson M., granted Class "B" Beer Permit.
295, 374
June 11—Nash Finch Company, granted Cigarette Permit.........
339
" 18—Nauman Cletus A., sidewalk bond . ............................
342
" 18—National Tea Company, granted Cigarette Permit. ....
351
" 18—Norwood Nelson Sr., granted Cigarette Permit .............
351
" 25—Ney Raymond, granted Cigarette Permit .....................
366
" 25—Ney Al & Dolores Roeth, granted Cigarette Permit and
Class "C" Liquor Permit . ........................................366,
W
" 25—Nabors Drug #4, granted Cigarette Permit .....................
366
July 2--Nesteby Charles R., granted Cigarette Permit .............
365
" 2—Norton James L., granted Cigarette Permit .................
" 2—Neumeister John C., Cigarette Permit.
385
granted ........
" 9—National Action Council, invitation to attend confer-
385
ence and requesting permission to string a ban-
ner across University Avenue at the University
ofDubuque.................................................................
388
Aug. 6—Northwestern Bell Telephone Co., requesting permis-
to into Central It,
sion cut Avenue at 23rd,
24th and 25th and Diamond Streets . ....................
442
" 6—Northwestern Bell Telephone Co., requesting permis-
to in Loras
sion excavate Boulevard between
Grandview and Atlantic Streets .............................
442
" 6—Nugent Betty, appointed to the Playground & Rec-
reation Commission . ..................................................
449
" 20—Norton James L. and Mrs. Ann Dillon, ordered to
dismantle building and clean up premises located
at 476.480 East 14th Street..............•......451, 452, 497' 498
" 17—Nicks Jim, Notice of Claim . ............................................
494
Oct. 8—"New View" to replace River Valley Cap as Dubuque
County's Community Action Agency .....................
"
524
15` --Northwestern Bell Telephone Co., requesting permis-
sion to make cuts in alley west of Main Street,
from 10th to 1st Street; a portion of First Street
from same alley to Locust Street; a portion of
Locust Street from First Street to 90 South
Locust Street; and Locust and Bluff Street at
Loran Boulevard.........................................................
537
INDEX -BOOK 103
1973
Page
22—Nesler C. 0. Estate, Agreement for the acquisition of
building located on the southeast corner of Tenth 561, 815
and Bluff Streets. ................................
.................
29 --Nabors Drug No. 4, granted Class "C" Beer Permit. 570
Nov. 5 --Northwestern Bell Telephone Co., advising that they
have filed tariffs for a general increase in
phone rates. 573
............................................................... .
5 -Nash Finch Company, granted Class "C" Beer Permit. 577
Dec. 3—National Foundation March of Dimes requesting per
mission to conduct annual March of Dimes dur- 613
ing month of January............... .............................
17—Neumeister, John granted Class C beer license ........646. 647
INDEX—BOOK 103
1973 SUBJECT
F,
Jan. 2—Ordinance No. 1-73, An Ordinance allocating and mak.
ing appropriations of tax levies and other sources
of revenue to the expenditures of City govern-
ment in the City of Dubuque, for the fiscal year
beginning January 1, 1973 and ending December
31, 1973 and authorizing certain transfers of
funds.
......................
2—O'Connor Brooks and Company t.o audit the financial
6
condition and transactions of the Water, Park-
ing Facilities and Sewage Rental Funds for 1972.
2—Oberhoffer
7
Carl L., Notice of Claim . ............................
"
9, 89
2—Ordinance No. 63-72. An Ordinance amending and
changing Ordinance No. 3-34 known as the "Zon-
ing Map and Zoning Ordinance of the City of
Dubuque. Iowa" so as to change certain prop-
erty hereinafter described from "Single
Family
Residence District" classification to "Multiple
Residence District" classification. (Sisters of St.
Francis), (Not Adopted) . ............ .........9,
"
10, 48
2 --Ordinance No. 64.72. An Ordinance Amending and
changing Ordinance No. 3-34 know as the "Zon-
ing Mapand Zoning Ordinance of the City of
Dubuque, Iowa" so as to change certain property
hereinafter described from 'Two Family Resi-
dence District" classification to "Multiple Resi-
dence District" classification, (Finley Hospital).
"
10, 11
2 --ordinance No. 65.72. An Ordinance amending Ordin-
ance No. 3.34, known as the "Zoning Map and
Zoning Ordinance of the City of Dubuque, Iowa"
by amending Article IV, Section 2 (h) thereof to
include certain described real estate in which
professional offices or studios of a physician,
dentist, architect, engineer, lawyer, realtor, in-
surance, musician, or similar professions may be
permitted. (Finley Hospital w.. ................................
11, 12
" 8 --Ordinance 49-72. An Ordinance amending and chang-
ing Ordinance No. 334 known as the "Zoning
Map and Zoning Ordinance of the City of Du-
buque, Iowa" by adding a new subsection (n) to
section 2 of Article IV thereof, to permit medical
offices and accessory uses within certain describ-
ed areas of the multiple residence district, (Not
adopted).......................................................................
37, 105
"2.9 --Ordinance 2-73. An Ordinance amending and changing
Ordinance No 3-34 know as the "Zoning Map and
Zoning Ordinance of the City of Dubuque Iowa"
so as to change certain property hereinafter de-
scribed from "Multiple Residence District" class-
ification to "Local Business 'A' District" class-
ification, (Lot A of Block 22 Key Knolls Sub.).
58, 90
" 29—Ordinance No. 3.73. An Ordinance amending and
changing Ordinance No. 3-34 known as the "Zon-
ing Map and Zoning Ordinance of the City of
Dubuque, Iowa" so as to change certain prop-
erty hereinafter described from "Multiple Resi-
dence District" classification to "Business Dis-
trict" classification, (Lot 1 of 2 of 2 of 11 and
Lot 2 of I of 11 in W ullweber's Sub .....................
58, 90
" 29—Ordinance No. 4-73, An Ordinance amending Ordin-
ance No. 61-71 known as the "Dubuque Human
Rights Ordinance" by repealing Section 100 of
Article I thereof by enacting a new Section 100
in lieu thereof to include Subsection 11 thereto
defining "Disability": by repealing Section 102
thereof and enacting a new Section 102 thereof
of Article I to include provisions for declaration
of vacancy in the Human Rights Commission
INDEX—BOOK 103
1973 SUBJECT Page
membership: by repealing Section 201 thereof of
Article 1I, by repealing Section 202 thereof, and
by repealing Section 203 thereof of Article 11
and enacting a new Section 201, a new Section
202 thereof, a new Section 203 of Article II in
lieu thereof to provide, among other things that
unfair discriminatory practices are prohibited
against persons because of said person's dis-
ability........................................................................... 59
29—Ordinance No. 5.73. An Ordinance amending Ordin-
ance No. 61-71 known as the "Dubuque Human
Rights Ordinance" by repealing Section 204 of
Article II thereof and enacting a new Section 204
of Article 11 in lieu thereof to define aiding or
abetting in an unfair or discriminatory practice. B1
29 --Ordinance No. 10-73. An Ordinance amending and
changing Ordinance No. 3.34 known as the "Zon-
ing Ordinance of the City of Dubuque, Iowa" by
repealing Section 1 of Article I thereof, and ad.
opting a new Section 1 of Article I in lieu there-
of, to establish an eighth zoning classification,
to be known as the Hospital -Medical District, and
further amending and changing said Ordinance
No. 3.34 by adding a new Article IV -A thereof,
describing the purpose, permitted uses, height
regulations and parking requirements applicable
to the Hospital -Medical District . ............................ 61, 106
29—Ordinance No. 11-73. An Ordinance amending and
changing Ordinance No. 3.34 know as the "Zoning
ing Mapand Zoning Ordinance of the City of
Dubuque, Iowa" so as to change certain property
hereinafter described from Multiple Residence
District to Hospital Medical District. .. .....61, 67, 108
2.9 --Ordinance No, 17.73. An Ordinance amending Ordin-
ance No. 3-34 known as the "Zoning Map of the
City of Dubuque, Iowa" by repealing Section I of
Article VA thereof and enacting a new Section I
of Article VA in lieu thereof to permit the loca-
tion of a tavern in a cafe or restaurant operat.
ing as such at least three years prior to effective
date hereof.........................................61, 67, 196, 224, 225
29 --Oxus Grotto, requesting permission to solicit to aid
Cerebral Palsy victims, ..........
" 29 --Ordinance No. 6.73. An Ordinance for vacation and
sale of an unopened street abuttin Linwood 62
Cemetery and now platted and descrited as Lot
4B of Mineral Lot 472 . ....................
Feb. 12—Ordinance No. 32.73. An Ordinance amending63, 122
changing Ordinance No. 3-34 known as the"Zon.
ing Ordinance and Zoning Map of the City of
Dubuque, Iowa", so as to add a new Subsection (k)
to Section 1 of Article VB to clarify a prohibition
on the use of any premises in a local Business
"B" District for places commonly described as
adult entertainment or adult book stores. 86, 226, 227 346
19 durance No, 7-73. An Ordinance amending the
Budget as approved by Ordinance No. 1-73. .... 91. 138
I"rdinance No. 8-73. An Ordinance authorizing Ralph
L. Lemmer, 901 Rhomberg Avenue to construct
an identification sign base . ............
19—Ordinance No. 9.73. An Ordinance authorizing Dupaco 91
Employees Credit Union to construct a lighting
standard on city owned Lot 412 of East Du.
buque Addition No. 2,
2"'Brien Dental92
Medical DiClinic
property rezoned to Hospital
strict classification.
................
.. 08
INDEX -BOOK 103
1973 SUBJECT Page
26—Ordinance No. 12.73. An Ordinance zoning and classi-
fying recently annexed territory to the City of
Dubuque, Iowa as a "Single Family Residence
District" which real estate is hereinafter de-
scribed (Henschel) . ....................................................109, 161
26—Ordinance No. 13-73. An Ordinance amending Ordin-
ance No. 3349 known as the "Traffic Code of
Dubuque, Iowa," as amended by repealing Sec-
tion 9.3 thereof and enacting a new Section 9.3
in lieu thereof requiring vehicles to travel on the
right hand side of the roadway unless otherwise
provided by law . ........................................................ 109
Mar. 6—Ordinance No. 14.73. An Ordinance regulating the use
of the municipally owned waterfront, establish-
ing charges for the use thereof, regulating the
construction of new boat houses . ................121,122, 162
6—Ordinance An Ordinance Amending Ordinance No.
3-34, by amending Article IV, Section 2(h) there-
of to include certain described real estate in
which professional offices of a physician, dentist,
architect, engineer, lawyer, realtor, insurance,
musician, or similar professions may be permit-
ted (4th Street property), Not adopted, See No.
42.73.......................................................................125, 159, 160
" 12—Ordinance No. 15-73. An Ordinance Amending Ordin-
ance No. 33-49 known as the "Traffic Code of
Dubuque, Iowa", as amended by repealing sub-
section 21 of Section A of Schedule IV thereof
and enacting a new subsection 21 to Section A of
Schedule IV in lieu thereof to limit Parking of
motor vheicles on streets hereinafter designat-
ed (White Street) . ................................................ 139,160, 171
" 12—Ordinance No. 16.73. An Ordinance Amending Ordin-
ance No. 37-65 known as the "Street Parking
Meter Ordinance of Dubuque, Iowa" as amended
by repealing Section 6 and each subsection there-
of, Section 7 and Section 8 and enacting a new
Section 6, a new Section 7 and a new Section 8
in lieu thereof to establish three parking meter
districts, to establish the required deposits of
U.S. coin in said respective parking meter dis-
tricts and establishing the hours of legal parking
in the respective parking meter spaces within
the respective districts . ....................................139,160, 172
19 --Optimist Club of Dubuque, submitting a proposal for
developing a children's zoo in F.D.R. Park......... 154
2"'Brien William J., appointed Deputy City Clerk. ... 156
" 26—Ordinance An Ordinance Amending Ordinance No.
48-70 by repealing Section 5 and enacting a new
Section 5 to provide that members of Plumbing
Board be paid $5.00 per month. (Not adopted) 161
26 --Ordinance No. 18.73. An Ordinance Amending and
Changing Ordinance No. 3-34 known as the "Zon-
ing Map and Zoning Ordinance of the City of Du-
buque, Iowa" so as to change certain property
from "Multiple Residence District" to "Local
Business "B" classification." (Tower) ................ 163, 234
April 2r --Ordinance No. 21.73. An Ordinance naming a public
roadway in Table Mound Township which is now
a driveway to Table Mound School, to be named
TowerDrive............................................................... 173, 246
28_. -.Ordinance No. 22.73. An Ordinance Amending Ordin-
ance No. 46-72 by repealing section 4 thereof
and enacting a new section 4 in lieu thereof to
provide for the location of the premises of a
Class "B" Beer Permit within a local business
"A" District Classification.......................................225, 258
INDEX—BOOK 103
73 SUBJECT
" 23—Ordinance No. 31-73. An Ordinance Amending Ord-
inance No. 3.34 known as the "Zoning Map and
Zoning Ordinance of the City of Dubuque, Iowa"
by amending Article IV, Section 2, subsection (i)
thereof to include certain described real estate
to permit off-street — parking.- .........................
23 --Ordinance No. 27-73. An Ordinance Vacating .....I..ot . .. 2
226, 345
of 2 of Randall's Sub. within the r/w of High.
ways 52 and 61 and 151 and Kerrigan Road and
directing the Clerk to publish notice of intent to
dispose of city interest . ....................
" 30—Ordinance No. 19-73. An Ordinance amending Ordin-
227, 305
ance No. 48-70 known as "Plumbing Ordinance of
the City of Dubuque, Iowa" by repealing Section
5 thereof and enacting a new section 5 in lieu
thereof to eliminate the provision of compensa-
tion for the Ilumbing Board members and to
provide that no compensation shall be
paid to
said Plumbing Board members
"
.234 ....
30—Ordinance No. 20-73. An Ordinance Amending Ordin-
234
ance No. 33-49 known as the "Traffic Code of
Dubuque, Iowa"
as amended, be amended by
repealing Schedule VII thereof and
enacting a
new schedule VII in lieu thereof governing and
regulating the parking of vehicles
on the follow-
ing alleys or portions of alleys•
..............
May 7—Orpheum Theatre, petitions of objections to the show.
ing of "R" and "X" rated
234
movies being shown,
(36 petitions)
" I"rdinan ..................
o. 29-'73.--A* .. W. -Ordinance Amending
243
and
changing Ordinance No. 3-34, known as the "Zon-
ing Map and Zoning Ordinance
of the City of
Dubuque, Iowa" so as to change Block 5 and
Lot B of Sunset Park
SuMvision No3 from
Single Family Residence District Classification to
tile
1Lena
" 21—O'Hearn Mrs drelati a tence o t 265, 320
bus transportation
„ tem . ....................... sys-
. .. ......... .
21—Ogaard Gertrude...a..nd.....Robert, requesUn
276
s
„ of taxes. t; uspension
29—Ordinance No. 23 73. An Urdinance Authorizin
277
„ enshield-De%'achter to construct a lya 6 Haud-
29—Ordinance No. 24.73. An
Ordinance Authoing J
rziacob
son's Incorporated to construct a loading
286
dock on
west side, Pine Street been 18th and 19th
twe
Street attached to Eagle Market
abuttin
„ and 232 inclusive East Dubuque Add, g Lot 236
29 --Ordinance No. 25.73. An Ordinance 287 288
amendin
ance No. 33-49 known as
Dubuque, Iowa" as "Traffic
b'Traffic g de. of
Code of
adding to a new
subsection 9 and a new subsection10F. of Schedule III thereof Section
to provide
bound vehicles must stopthat cast.
intersection of Front o e enterin , the
Stretbe
and to provide that
southbound vehicle, must
stop before entering the intersection of Lincoln
Avenue and Front Street
and Hawthorne Street
and Front Street, respective!
, r Y..........
29—Ordinance No.
26-73.
ance No. 33.49 known as the "Traffic ...
Urdinance a
Traffic Code of Du
buyue, Iowa" as amended,
289
by -
6.2 thereof and enacting a nerepealingti6 Section
thereof making it Section 6.2 in
unlawful lieu
knock down, injure or removeto alter, deface,
session any official
traffic controlydevi in
2"rdinance No. 42-73. P0s-
ance An Ordinance
No. amendin
Zoning Ordinance
a' the "Zoning Map d
)
of the City of Dubuque,
10wa"
1973
INDEX -BOOK 103
SUBJECT
Paee
by amending Article IV Section 2(h) thereof to
include certain described real estate in which
professional office or studios of a physician,
dentist, architect, engineer, lawyer, realtor, in-
surance, musician or similar professions may be
permitted, and further prescribing rules govern-
ing the issuance of such special permits as may
be authorized by the Board of Adjustment, puu-
suant to finding and determination by the City
Council of the existence of a district having his-
torical and architectural significance in accord-
ance with Article IV, Section 2(1) of said Ordi-
nance No, 3-34 .....................................291, 346, 440, 441, 442
,lune 4—Ordinance No. 28.73. An Ordinance providing for the
issuance of $205,000 City Law Enforcement Cen-
ter Bonds of the City of Dubuque, Iowa, and pro-
viding for the payment of the principal and in-
terest of said bonds. .....309, 311, 313
11—Odegard Lawrence Mrs., objecting to discourteous
treatment received at the Library ......................... 316
ll—Olansky Bernard, ordered to dismantle building and
clean up premises located at 701 Rhomberg Av-
enue.......................................................................317, 381, 382
11—Ordinance No. 30-73. An Ordinance Authorizing Mrs.
F. W. Childers to Construct an Awning at 1604
CentralAvenue........................................................... 321
11—Ordinance No. 36.73. An Ordinance Amending the
Budget as approved by Ordinance No, 1-73 . ........ 322
11—O'Hara Richard, granted Cigarette Permit ..................... 339
18 --Ordinance No. 2.73. Dock Board Ordinance. An Ordi-
nance fixing and establishing wharfage fees by
the Board of Dock Commissioners of the City
of Dubuque, Iowa, which shall be paid by lessees
of waterfront property under the jurisdiction
and control of the Board of Dock Commissioners
of the City of Dubuque, Iowa.................................343,
344
" 18—O'Neill William, granted Cigarette Permit .....................
351
" 18—O'Leary Ben, Civil Defense Director, disparaging re-
marks made by Representative Joseph Clark
concerning the Civil Defense operations . ............
352
" 25—Office Grill, granted Cigarette Permit .............................
366
" 25—Ordinance No. 33-73. An Ordinance Authorizing cer-
tain holders of Liquor Control Licenses and Beer
Permits to sell alcoholic beverages or beer on
Sunday.........................................................................
368
" 25 --Ordinance No. 34-73. An Ordinance amending Ordin-
ance No. 46.72 by repealing section 19 thereof
and enacting a new section 19 in lieu thereof
fixing and establishing hours in which alcoholic
beverages or beer may be sold on Sunday...........
369
" 29—Ordinance No. 35.73. An Ordinance fixing and estab-
lishing fines for parking violations and providing
for administrative collection thereof . ..................
375
July 2 --Ordinance No. 37-73. An Ordinance amending Ordi-
nance No. 33-49 known as the "Traffic Code of
Dubuque, Iowa" as amended, by adding a new
subsection 7 to Section C of Schedule III thereof
and by adding a new Subsection 26 to Section
A of Schedule III thereof to provide that west-
bound vehicles on Kelly Lane must stop before
entering the intersection of Fremont Avenue
and Kelly Lane and that eastbound and west-
bound vehicles on Bradley Street must stop be-
fore entering the intersection of Randall Street
and Bradley Street respectively . ............................381, 391
2—Osco Drug, Inc., granted Cigarette Permit ..................... 385
2—Olting Eugene A., granted Cigarette & Class "C"
Liquor Permits........................................................... 386
INDEX—BOOK 103
1973 _ _ SUBJECT Page
"'Connor Frank R. Power of Attorney submitted b}
the Western Casualty Company . ...........................
9—Ostrander Clarence, sidewalk bond . ...........................
9—Ordinance No. 38.73. An Ordinance Amending Ordi
nance No. 46.72 by repealing Section 19 thereof
and enacting a new Section 19 in lieu thereof
fixing and establishing hours in which alcoholic
beverages or beer may be sold on Sunday, ...
" 9—Ordinance No. 39.73. An Ordinance Authorizing Mille
Radio & Television Service to construct two mar-
quees at 1599 Central Avenue . ...............
9—Ordinance No. 40-73. An Ordinance Authorizing Ten
Pin Tap, Joseph & Irma S Reisdorf, owners to
construct a marquee at 601 Rhomberg Avenue.
9 --Optimist Club, requesting permission to solicit funds
to finance a childrens Zoo, and to sell garbage
bags to support their youth activities .....................
" 30—Ordinance No. 43-73. An Ordinance Amending and
Changing Ordinances No, 3-34 known as the
"Zoning Ordinance and Zoning Map of the City
of Dubuque, Iowa", zoning and classifying ter-
ritory recently annexed to the City of Dubuque,
Iowa as a "Local Business "B" District" which
real estate is hereinafter described (Romac). ..
30—Ordinance No. 41-73. An Ordinance vacating portions
of certain streets and alleys in the Downtown
Urban Renewal Project area . ................................
Aug. 20—Ordinance No. 44-73, An Ordinance amending Ordi.
nance No, 3-34 known as the "Zoning Map and
Zoning Ordinance of the City of Dubuque, Iowa"
by amending Article IV Section 2, Subsection (i)
thereof to include certain described real estate
to permit off street parking (Egelhof).............
20 --Ordinance No. 45-73. An Ordinance providing :or the
name, control, supervision and operation of "The
Dubuque Municipal Airport" and providing for a
penally for the violation of the provisions hereof.
20—Ordinance No. 46-73. An Ordinance authorizing
Charles L. and Ediel I Fenley to construct pri-
vate access stairway to home . ...............................
Sept. "rdinance No, 47.73. An Ordinance amending Ordi-
nance No. 33.49 known as the "Traffic Code of
Dubuque, Iowa" as amended by addin a new
h bit the Parkinection 110g of motorle VI vehicles on he north
side of Hawthorne Street from Rhomberg Avenue
to Kerper Boulevard . ..................
4 --O'Neill WIlliam, granted Class "C"
24 --Ordinance No, 49.73. An Ordinance lgamendiuor ng land
changing Ordinance No. 3.34 known as the "Zon-
ing Map and Zoning Ordinance of the City of Du.
hereinafter describede Iowa" so aS lfrom dnSingle Family Resi-
dence property
Bence District" Classification. (St. Mary'on to s Place).
Oct. 22 --Ordinance No. 48-73. An Ordinance Authorizing St.
Regis Paper Company to construct 8 x 2U Double
Face Pylon Sign . ............................................. o .
22 --Ordinance No, 50-73. An Ordinance Amending Ordi-
nance No. 33-49 Known as the ...1 raffic Code of
Dubuque, Iowa" as amended, by adding a new
subsection 110 to schedule VI thereof !o prohibit
the parking motor vehicles on the south side of
Theisen Street from Jenni Street o h side o
Street ............................
............................................
388
390
392
Miller
393
395
396, 409
423, 455
428
456
457
459
476
486
508, 552
551
553
INDEX—BOOK 103
1973 SUBJECT Page
22—Ordinance No. 54-73, An Ordinance Zoning and Classi-
fying recently annexed territory to the City of
Dubuque, Iowa as a "Multiple Residence Dis-
trict," which real estate is hereinafter described,
(Goerdt property) . ......................................................555. 611
22-01dinance, An Ordinance Amending Ordinance No.
3-34 Known as the "Zoning Ordinance and Zoning
Map of the City of Dubuque, Iowa" by Repealing
Section 1 of Article VA and enacting a new Sec-
tion 1 of Article VA in lieu thereof to Delete
Restaurants, Cafes and Cafeterias as a Permitted
use within the Local Business District "A" Class-
ification. (Adopted in 1974 as amended) ....556, 583, 596
29—Ordinance No. 51-73, An Ordinance Prohibiting Dis-
turbance of the Peace; Providing for the Preser-
vation of the Public Peace and Safety; and Pro-
viding Penalties for the Violation Hereof: and
Repealing Ordinance No. 14.58 .........................569, 578, 580
Nov. 19—Ordinance No. 52-73. An Ordinance Fixing and Estab-
lishing Monthly Permit Fees to be Paid by Every
Person, Firm or Corporation Operating a Milk
Plant and Bringing into or Sending into or Re-
ceiving in the City of Dubuque, Iowa, Milk or
Milk Products: and Repealing Ordinance No.
No. 52.72.....................................................................588, 599
19—Ordinance. An Ordinance Amending Ordinance No. 33-
49, known as the "Traffic Code of the City of
Dubuque, Iowa" by repealing subsection 23 of
Schedule IV thereof thereby removing the two
hour time zone on University Avenue from
Irving Street to Asbury Street. (Adopted in 1974) 588, 601
l9—Ordinanca. An Ordinance Amending Ordinance No.
33.49, known as the "Traffic Code of the City
of Dubuque, Iowa by repealing subsection 29 of
Schedule VI and enacting a new subsection 29
of Schedule VI in lieu thereof to prohibit park-
in the south side of University Avenue from
Gilliam Street to a point 102' east of the west
line of Auburn Street and on the North side of
University Avenue from Loras Boulevard to
Pennsylvania Avenue. (Adopted in 1974) ........589, 601
" 19—Ordinance No. 53-73. An Ordinance Fixing and Estab-
lishing Fees for the Issuance of Permits for the
OFeon of Food Service Establishments in the
C ty ofratiDubuque, Iowa; And Repealing Ordinance
No. 14-72. ...................................................................... 589, 600
" 19—Ordinanco. An Ordinance Amending Ordinance No.
3349 by repealing subsection 105 of Schedule
VI and enacting a new subsection 105 to Sched.
ule VI in lieu thereof to prohibit parking on the
north side of Kane Street from Ken Court to
Tina Ridge and on the south side from Tina
Ridge to Chaney Road. (NOT ADOPTED) ............601, 610
Dec. 3—Ordinance No. 55.73 An Ordinance amending Ordi-
nance No. 11-69 by repealing Section 2 thereof
and enacting a new section 2 in lieu thereof to
provide for the rate or fare to be paid by one
passenger from sixty cents for the first quarter
mile to seventy cents therefor and to provide for
rate or fare to be charged each passenger re-
gardless of origin and regardless of destination
to provide Five Dollars an hour waiting charge
and repealing Ordinance No. 43-72 (Taxicabs).... 612, 613
" 3—Osco Drug Store granted Class "C" Beer Permit &
License.......................................................................... 618
INDEX—BOOK 103
------ SUBJECT _
Page
--_--
17—Ordinance No, 56.73 An Ordinance Amending 0,
" di-
"The Street Parkng
nance No. 37-65 known as
Meter Ordinance of Dubuque, Iowa" by enacting
Section 6,1 Parking
a new subsection 6.1.11 of
Meter District A to limit parking to 60 minutes
at any one time on Thirteenth Street, both sides
Iowa Street ................
626
between Central Ave. and
" 17—Ordinance No. 57-73 An Ordinance Amending Ordi
known as "The Street Parking
nance No. 37-65
Meter Ordinance of Dubuque, Iowa" by repealing
Subsection 6.2.15 of Section 6.2 Parking Meter
District B and enacting a new Subsection 6.2.15
of Section 6.2 Parking Meter District B in lieu
thereof to limit parking to 120 minutes at any
one time on Thirteenth Street, both sides from
Iowa Street to Main Street .......................................
626
17—Ordinance No, 58-73 Amending Ordinance No. 7-65
by repealing Section 2 (d) thereof and enacting a
new Section 2 (d) in lieu thereof Fixing and es-
tablishing Dog License Fees .................................
" 17—Ordinance Regulating Ambulance Service in the City
627
Dubuque (Adopted in 1974) ................................
627
of
" 17—Ordinance Fixing and establishing rates and charges
for City Ambulance Service, repealing Ordinance
No. 52-69 (Adopted in 1974) ............ ........ ........ ..._
627
INDEX—BOOK 103
1973 SUBJECT --
Page
Jan. 2—Plumbing Code, a new approved rule submitted by
the Iowa State Department of Health . ................
"
7, 88
2 --Pusateri Mi,;hael et, al., requesting the retention of
the present street names of Lorimer and. St.
GeorgeStreets............................................................
13, 317
2—Planning & Zoning Commission, recommending vaca-
tion of easements in Lots 9 and 10 in ClinQue
Inc. No. 2 as requested by J. Allen Wallis Jr.
28
" 8—Planning & Zoning Commission, recommending denial
of petition to rezone property at 808 Rhomberg
Avenue from Two Family to Local Business "B"
classification...............................................................
33
" 8—Planning & Zoning Commission, recommending denial
of petition of Duane Chase and Marie Sullivan to
rezone property on Asbury Road from Two Fam-
ily to Multiple Residence classification .................
34
" 8—Planning & Zoning Commission, recommending denial
of petition of Delos A. Dorweiler to reclassify
Lot 10 of Block 3 of Mettel-Link Subdivision
from Single Family to Local Business "A" class-
ification..................................................................
34
" 8—Pregler Councilman, requesting reconsideration of
Ordinance No. 49-72 to permit medical offices
and accessory uses within certain described
areas.............................................................................
37, 105
" 8—Peoples Natural Gas, requesting permission to excavate
at 2666 University Avenue . ....................................
37
" 16—Pigeon Nuisance, remedies submitted by the Dubuque
Audubon Society.........................................................
39
" 22—Planning & Zoning Commission, recommending that
the child development nursing care center be
permitted by the Sisters of St. Francis .................
48, 49
" 22—Planning & Zoning Commission, recommending ap-
proval of petition of H. R. W. Associates to re-
zone Lot 22 in Key Knolls Subdivision from
Multiple Residence to Local Business "A" class-
ification.........................................................................
49, 90
" 22—Planning & Zoning Commission, recommending ap-
proval of request to rezone property at 2403
Central Avenue from Multiple to Business Dis-
trict classification.....................................................
50, 90
" 22—Powers Philip A., requesting rezoning for professional
office use on east side of Kennedy Road from
Iiillerest northerly to Fire Station .........................
.................................................... 51, 136, 148, 150, 316, 537
" 22—Planning & Zoning Commission, recornmendingg the
annexation of 0.763 acres lying south of Valen-
tine Drive, owned by Richard C. & Mildred L.
Henschel.......................................................................
52, 53
" 29—Peterson Lloyd, replaced on Airport Commission by
Stacey Murdock.........................................................
55
" 29—Police Department, to obtain funds for programs ap-
proved by State Crime Commission. ........65, 83,313, 315
" 31—Pregler Councilman, requesting a reappraisal of all
Countyproperty.........................................................
66
Feb. 6—Peterson Jean E., relative to speed limit on Kaufmann
Avenue.........................................................................
72
" 6—Parker Gene C., Notice of Claim . ....................................
74, 151
" 12—Planning; & 'Zoning Commission, submitting minutes of
meetings.......................................................................
78, 136. 170, 231, 245, 284, 378, 417, 473, 506, 549, 598
" 12—Police Department Handbook, revision submitted by
the Task Force...........................................................
78
" 26—Planning & Zoning Commision, recommending amend-
ing and changing Ordinance No. 3.34 to permit
medical offices and accessory uses within certain
described areas of the Multiple Residence Dis-
trict...............................................................................104, 108
INDEX—BOOK 103
1973 SUBJECT Page
" 26—Planning & Zoning Commisison, recommending that
recently annexed propertyy south of Valentine
Drive be zoned as Single Family Residence Dis-
trict classification, (Henschel) .................................
108, 161
" 26—Page John P., granted Class "C" Liquor Permit .............
116
Mar. 6—Planning & Zoning Commission, recommending the
zoning reclassification of properties fronting on
West Fourth Street west of Bluff Street.... .
.. ........
123, 124
6—Parking and Municipal Streets Budget Report for 1972.
" 12—Parking Facilities Audit Report for 1972.
126
..........
" 12—Planning & Zoning Commission, recommending that
135
the request of Phil Powers to rezone an area
on the east side of Kennedy Road from Hillcrest
northerly to the Fire Station be denied at this
time until a plan for corridor traffic and land
use be devised . ...................................................136, 148, 189
12 --Planning & Zoning Commission, recommending that
the petition of Eugene Siegert requesting rezat
„ ing of property on Hillcrest Road be denied. ..
12—Planning & Zoning Commission,
137
recommending the
vacation of an unused portion of Dexter Street
as requested by Lloyd S. Gudenkauf............
" 12—Planning & Zoning Commission, electing to take no
137
action concerning the issuance of a Class "B"
Beer Permit to restaurants existing in Local
Bus.
iness "A" districts
. ..............
" 12—Planning & Zoning"' "" " ""'^ •-
Commission, recommending ap-
proval of plat of Lot 2 in Gilchrist Place,
"
139
........
19—Polfer Clement F., requesting vacation of Lot 22
Randalls Sub, No. 2.
"
142
.....I ..................................151, 305,
26—Patike Frank A., objecting to treatment received re-
sulting from a
306
parking violation. .......••„•........
” 26—Pitz Dorrance et. al., requesting amendment of zon-
ing ordinance for
156
professional office use classifi-
cation lassifi-
cation. .........ng...................................
26—Planning &'
26—Planning & ZoniCommission, recommending there:
zoning
159
of property in "Tower Investment Sub-
division No. 1" from Multiple to Local Business
'B"
ditrict. ........
April 2—Planning & 'Zoningi•"""""'•"""""•• •••••
..Comm.ission, submitting
163
Scope of
Study for the John F. Kennedy Road Corridor
Project . ..................
.
2—Parking Meter Ordinan.....c.e..No................................. 37-65 amended by re-
„ pealing Sections 6, 7 and 8,
169
2—Planning & Zonis "'""'
Ing Commission, recommending ap-
proval of plat of Block 8 in "Thomas Farm
tL. ion",
172
Addi-
owned by li'chard C. Henschel and Mildred
.......
..................... .
2—Park F i11;FeedeMain Water Distribution System
181
a Lice ents, City Manager authorized texecute
a License Agreement
for an easement, HUD
.................
" 16—PeoplPsoNaturct alGasarequestin
..................
Permission to exca-
vate in Lincoln Avenue
"
182
• .•g
16—Planning & Zoning Commission, p'p".............................
„ Block 6 and 7 in Mette]-B approval of plat of
198
16—Planning & Zoning Commission, Addition ....
206
„ Kennedy -Larches Subdivision.PProval of plat of
1B—Planning &Zoning
................... .
Commission,
Lots 1.29 and approval of plat of
Brothers ont A of Hi
208
Addit Estates
" 16—Planning &tonin Hefei
...............................
ing
Commission, aP propos •
location and design of the Count al of proposed
forcement
209
„ Center, Y•City Law En-
16—Palmer Drug Corn .....................................
Pony granted Class ' .e '
„ mit• ...•,•..,.••.. C Beer Per.
............... ............
23—Planning &
211
Zonin........................... I........
zoning of 8 Commission, recommending re -
the
McDanie]'s Su easterly 115 feet of Lot 760
bdivisio9
219
in
to permit off-street park
ing in a Multiple Residence District
226
INDEX—BOOK 103
1973 SUBJECT
Page
" 23—Planning & Zoning Commission, recommending the
amendment of Ordinance No. 3.34 to clarify a
prohibition on the use of any premises in a
local business "B"
district for places commonly
described as adult entertainment . ........................
" 30—Plumbing Board, members to receive no compensation
227
for attending meetings . ...........................
30—Parking Prohibited in the following alleys or portions
234
of alleys, (Ord. No, 20-73). , ...........
" 30—Pillsbury Company The, requesting resurfacing of
235
East 7th Street ...................................
May 7—Peoples Natural Gas Division, Annual Report for
241
1972 . ............................................... .......
" 7—Planning & Zoning Commission, recommending that
244
no action be taken on request to vacate alley
between Cherry Street and Pennsylvania Ave-
nue...............................................................................
" 7—Peoples Natural Gas, requesting permission to ex-
245
cavate at 16th & Locust Streets
"
246
.............................
7—Pusateri Sam T., ob'ecting to installation of sidewalks
on Cummins Street
. ..................................................247, 260
" 14—Park Board, relative to Councilman Pregler's com-
munication to the Board concerning the posting
of signs in the parks . ..............................................
" 14—Planning & Zoning Commission,
257
approval of plat of
Block 5 and Lot B of Sunset Park Subdivision
No. 3.............................................................................
264
14—Planning & Zoning Commission recommending the re-
zoning of Block 5 and L;t B of Sunset Park
Subdivision from Single Family to Multiple Res-
idence.........................................................................
" 14—Planning & Zoning Commission, requesting author-
ization
265
to submit an application for Federal
Grant
assistance for acquisition of Reed property
for park purposes . ....................................................
" 21—Pregler Councilman, recommending the discontinuance
267
of fire inspections to save on gasoline .................
280
June 4—Pearson James Mrs., requesting permission to address
the Council relative to the renovation of City
Hall...............................................................................
" 4—Planning & Zoning Commission, recommending the
299
annexation of the Romac property and an adja-
cet portion of right of way of U. S. Highway 20,
consisting of 7.612 acres ...........................................
305
" 11—Peterson Lyle Mrs., objecting to people smoking on
Citybuses.....................................................................
316
" 11—Planning & Zoning Commission, recommending ap-
proval of plat of Block 5 and Lot B of Sunset
Park Subdivision No. 3 ....................... ..................
" 11—Planing & Zoning Commission, recommending the re-
319
zoning of Block 5 and Lot B of Sunset Park Sub-
division No. 3 from Single Family to Multiple
Residence District classification . ..................
320
" 18—Primary Road Extension Maintenance Agreement with
the Iowa State Highway Commission to June 30,
1974 in the amount of $3583.50 .............................
342
" 18—Pusateri Michael F., granted Cigarette Permit .............
351
" 18—Pins Arthur W., granted Cigarette Permit . ..................
351
" 18—Polfer Joseph, granted Cigarette Permit . ....................
" 2S --Police Chief, the Mayor
351
requesting to present David
Grassel
with an Eagle Badge as a member of
the Dubuque Police Explorer troop . ....................
356
" 25—Planing & Zoning Commission, lease agreement with
Fischer Realty for office space . ............................
363
" 25—Plumley Donald, granted Cigarette Permit . ................
"
366
25—Pzazz The, granted Cigarette Permit ...............................
' 25—Parker Robert C., granted Cigarette Permit .. ................
" 25—Pusateri "C"
366
366
Michael F., granted Class Liquor Per-
mit.................................................................................
367
INDEX—BOOK IM
SUBJECT _-.-----------------.__
Page
1973 ----
Class "C" Liquor Permit....... 367, 374
" 25--Pins Arthur W., granted
Sunday Sales Permit.................
374
" 29--Page John P., granted
violations, fixing and establishing fines for
375
" 29--Parking ................. .
violations.................................re-c.
July 2--Planning & Zoning Commission, recoby lith, 12tth
bounded by
vacation of the alley by
Streets as requested
Jackson and Washington .....
378
Caradco.................................................................
2--Peoples Natural Gas, requesting permission to ex
381
cavate on Rose Street . .............................................
Cigarette Permit ...............................
401
" 9--Pizza Ilut, granted
.)—Police Chief, requesting Council to set a date of
III Rathskeller tavern. ......
402
hearing on Brothers
9_--Pfohl Louis, relative to the completion of build402 419, 420
located at 8th & Locust Streets. ..................
" 30—Planing & Zoning Commission, recommending the re-
2222 White Street as re.
zoning of property at 421, 422
by the First National Bank. .... .••.
quested
" 30—Planning & Zoning Commission, recommending ap-
of request of Romac Incorporated to zone
proval
recently annexed territory for Local Business
423
"B" classification.....................................................
" 30—Peoples Natural Gas, requesting permission to ex-
424
cavate in Rose Street ............................................ ..
" 30—Planning & Zoning Commission, recommending ap-
dt
proval of annexation petition of Merle Goer
11 acre tract of land west of Sheridan Road
of
and north of Hogrefe Avenue . ...............................
424
30---Peru Road 15" Sanitary Sewer accepted and connec-
........................................
tion charges established.426
" 30—Planning & 'Zoning Commission, approval of final
428
plats of Block 14 in Dubuque Downtown Plaza. .
" 30—Palmer Richard E., granted Cigarette Permit. ............
Hall
432
" 30—Pregler Councilman, requesting that the City
proposition be submitted to voters of the City...
434
Aug. 6--Ploessl Edwin, sidewalk bond........................................
" 6—Planning & Zoning Commission, submitting informa-
437
tion relative to designating properties as architec-
turally or historically significant..........................
438
.
" 6—Policemen's Protective Association, requestingper
at Shiras and er-
mission to sponsor a circus
per Boulevard, ..
443
6—Payne Burton S., appointed to the Citizens Transpor-
tation Committee. ......................................................449. 462
Sept. 13—Pregler Councilman, relative to using the Leath build-
ing as a possible location for the City Hall.........
490
" 13—Petropoulos Mary, appointed to Human Rights Com-
mission, replacing Rev. Alfred Ede.......................
490
" 17—Palm Ronald C., Notice of Claim........................... I.........
494
" 17—Puccio Thomas R.. Notice of Claim................................
494, 518
" 24—Pearson Allan, appointed to the Youth Services Bu-
reau...............................................................................
506
" 24—Planning & Zoning Commission, recommending that
the petition of Tom Leibold and Associates re-
questing rezoning of Lot 2 of 1 of 3 of St. Mary's
Place to Multiple District be approved. ..............
507, 552
Oct. 8—Peoples Natural Gas, requesting permission to ex.
cavate in Grace Street . ............................................
523
" 15—Powers Philip A., requesting rezoning of various par.
cels of property including a Multiple Residence,
Planned Unit Development to be included in Ar-
ticle IV, subsection (h)..............................................
537
" 22--Papin Rita Mrs., requesting permission to address the
Council concerning the proposed dog ordinance..
548
" 22—Planning & Zoning Commission, recommending the
zoning to "Multiple Residence Classification"
property of Mr. & Mrs. Merle Goerdt which -was
recently annexed.......................................................
554
INDEX -BOOK 103
1973 SUBJECT
29—Project Concern, relative to housing; and employing
a Housing Supervisor for the low income
elderly
persons........................................................................568,
Nov. 5—Pfiffner Monica R., Notice of Claim
573
.................................
" 5—Patrick John W., requesting a better system of traffic
lighting to provide more rapid transit.
574
.. ..............
5—Park Board, urging the City to adopt the Recreation
574
and Open Space Plan for a federal acquisition
grant in connection with the E. B. Lyons Estate
fund.
...................................................
19—Planning & Zoning Commission, approval of vacation
576
of "crosswalk" property at 127 Cherokee Drive
as requested by Francis P. Raymond . ....................
19—Planning & Zoning Commission, recommending the
586
vacation of a platted alley as requested by John
Zurcher at 2640 Marquette Place . ........................
"
586
19—Planning & Zoning C,onunission, approval of plat of
Nest Hill
Subdivision . ...... ................................ ... I....
" 19—Ponderosa Steak House, granted Cigarette Permit....
Dec. 3—Peacock Betty J., Notice of personal property damage
592
594
claim result of Boge shooting at home at 2282
WhiteSt . ........................................
" 3 --Potter Coletta, granted cigarette license. ....................
"
609
618
3—Potter Coletta, granted Class C Commercial beer li-
cense. ............ .......................... .
" 14—Pollution Control Revenue Bonds, Interstate Power
19
Co...................................................................................
" 17—Peoples Natural Gas Co. submitting an outline of
620
delivery priorities and their estimate and the
season's peak gas supply . ...............
"
B24
17—Peoples Natural Gas initiating a rate increase of
6.47% per M cubic feet to all small customers...
"
624
17—Playground & Recreation Commission requesting to
discuss an ice skating rink -swimming pool pro-
posal. ........................... .
Dec. 17—Pszanka Richard T., objecting to the method of com-
puting amount of levy on Grandview Ave. Pav-
ingProject...................................................................
630
SUBJECT Page
1978
Jan. 8—Quinn Patrick R., replaced on Human Rights Commis-
sion by Susan Hipschen...................................nd 38
April 16--Queen Street, installation of street light recommended 193
for the 2400 block.....................................................
May 29—Quinn John T., Notice of Claim....................................... '
Dec. 17—Query Howard E., granted cigarette permit. ................ f46
INDEX—BOOK 103
1973 SUBJECT
Jan, 2 --Resolution No. 1.73. Providing for the appointment
of a City Manager, City Clerk and City Solicitor,
prescribing salaries and fixing their bonds....
....
2—Russo R. N., appointed City Solicitor for the ensuing
fiscal year . ................................ : ..... * .... --1
2—Resolution No. 2-73. Accepting resignation of *Ja'*m***'e's
G. Schilling, and appointing William G. Blum as
Assistant City Solicitor . .......
4
2—Resolution No. 3-73. Designating the following named
banks as depositories of City of Dubuque funds...
5
2—Resolution No. 4-73. Appointing the Telegraph Herald
as official newspaper for the City of Dubuque...
5
2—Resolution No. 5-73. Requesting the Auditor of State
to audit the 1972 financial conditions and trans-
actions of the City, and that the audit of the
Water, Parking Facilities and Sewage Rental
Funds be. contracted with O'Connor, Brooks and
Company. ................................................. ........
7
2—Recreation Commission, submitting a Proposal t'o'pur-
chase Market Square on East 4th Street Exten-
sion from Miller's Trucking & Rental Inc., and
recommending that some provision should be
made to move the lights and bleachers of Petrak-
is Park in the event of sale of the ball park.....
7
the
2—Resolution No. 17-73. AuthorizingI Regional Plan-
ning Commission to act on behalf of City to ob-
tain $50,000 planning funds from the Iowa Crime
Commission. ................................................................
2—Resolution No.
8
6-73. Directing the City Manager to
cause structure located at 1208 Dodge Street,
owned by Marvin Kahle to be dismantled and
premises cleaned up . .......... :* ....... 111111111111*11-
2—Resolution No. 7-73. Directing the City Manager to
13
cause structure located at 1210 Dodge Street to
be dismantled and the premises cleaned up .
14
......
2—Resolution No. 8-73. Approving Lease Agreement be-
tween Louis Mihalakis and Milton Schwartz and
the City of Dubuque for rental of former City
Garage. ......... ................................................................
15
2—Resolution No. 9-73. Schedule of Assessments for City
of Dubuque 1972 Concrete Paving with Integral
Curb Project No. 1 -Grandview Avenue from the
W. P. L. of Southern Avenue to the S. P. L. of
WhelanStreet . ............................................................
16
2—Resolution No. 10-73. Providing for the issuance of
Street Improvement Bonds to Pay for the cost
of 1972 Concrete Paving Project No. I on Grand.
vie", Avenue . .............................................................. 16,
17
2 --Resolution No. 11-73. Approving petition and plat for
the vacation of five foot wide easements in Lots
9 and 10 in Clin-Que Inc. No. 2 Addition .............
28
2—Resolution No. 12-73. Granting Cigarette Permit.% . ......
28
2—Resolution No, 13-73. Granting applications for Class
"B" and "C" Beer Permits . ....................................
29
2—Resolution No. 14-73. Directing the issuance of Class
"B" and "C" Beer Permits . ...................................
29
2—Resolution No. 15-73, Granting applications for Class
"C" Beer & Liquor Permits . ..................................
29
2—Resolution No. 16-73. Directing the issuance of class
"C" Beer & Liquor Permits . .............. I ...................
30
8 --Resolution No. 18-73. Extending sympathy of the Coun.
cil to the bereaved family of Carl Firzlaff. . ........
32
Jan. 8—Riley James P. & John W., request for rezoning of
property at 808 Rhomberg Avenue from Two
Family Residence to Local Business "B" classi.
fication denied . ..........................................................
33
a
INDEX—BOOK 103
1973 _ SUBJECT Page
" 16—Resolution No. 19.73. Approving Option Agreement
between the City and Thermolyne Corporation
covering 7.206 acres in River Front Subdivision
No. 3 . .............................................
" 22—Roshek John J. & Marjorie, settlement of assessment
43
of real estate recommended by the City As.
sessor...................................................................... ..
" 22—Reisner John V., appeal to Supreme Court of Iowa for
45
disability retirement denied . ..................................
"
49
22—Resolution No. 20.73. Authorizing the execution of a
Certificate of Completion for Graham's Style
Store for Men, Inc ....................................................
22 --Resolution No. 21.73. Directing the City Attorney to
51
institute Eminent Domain proceedings to secure
a perpetual casement for installation, location
and maintenance of the Center Grove Valley
Sanitary Sewer in the property of Hillcrest
Builders, Inc
. ........................... 11.1
" 22—Resolution No. 22-73. Annexing 0.763 acres south of
Valentine Drive in Table Mound Township.
Cit, lug
......
22—Resolution No. 23.73, Granting applications for Class
"B"
5;;
and "C" Beer Permits . ..............
" 22—Resolution No. 24-73. Directing "'
, the issuance of Class
"B"
53
„ and "C" Beer Permit~ . .............
29--Rolir►g Arthur L., replaced on Advisory Commission
53
YDave Clemens......................................................
" 29—Roling Gilbert, sidewalk bond
"
55
. .........................
No, 25-73. Approving plat covering a thirty
5629—Resolution
(30) feet wide railroad right-of-way casement in
Lot 1
of Block 12 and 13 in Riverfront Sub.
divisionNo. 3
.............................................................
29—Resolution No. 26.73. Approving plat of Lot 4A of
„ Mineral Lot 472 and Lot 4B of Mineral
62
Lot 472, ..
29—Riverfront Subdivision No, 3, approval of plat cover-
ing
63
railroad right-of-way easement in Block 12
and Block 13 . .
" 29 --Resolution No. 27.73......... Dete......rmining 11,
62
rk cost of Asbury
vision
" 29—Resolution N i28-73. •••••
Asbury
64
Accepting Asbury Park...Sub.
division Sanitary Sewer 1972,
and directing City
Clerk to "
29 --Resolution Nop2g173 Prfi oviding for matching funds
for Iowa Crime
64
„ Commission Projects• ,..
„ 29—Resolution No. 30.73. Granting Cigarette Perm.its.....
29 --Resolution No.
65
31.73. Granting applications for Class
" Liquor
BNo.
65
29—Resolution 32-73.eer
Directing' the issuance of Class
"C" Beer Liquor Permits
65
............... .
Feb. 6 1esolution No. 3473. Authorizing execution of con-
tract for sale of land
for redevelopment with
„ Ecumenical Housing, Inc . ...........................
6 --Resolution
No. 35-73. Granting application for Class
" Bee Permit............
71
6 --Resolution ......
3673. Directing issuance of Class "C'9
., Beer Permit
?5
. .................................
.............. .
6—Resolution No. 37.73. Grantin a 11 ' ..C -I-••
"C" PP cations
75
for Class
Beer & Liquor Permits
6—Resolution No. '**"* """""
38-73. Directin F, the issuance of Class
"C" Beer &Liquor Permits..........
76
12—Resolution No. 39.73. Approving Option Agreement
!ween
be.
the City and Thermolyne Corporation cov-
ing real estate in "River
3Front Subdivision No.
....................................................................................
'
12 --Resolution No. 40-73. Authorizin
to
81
execute an Agreement with IllinoisthCen rat
Gulf Railroad Company
covering a 30 inch steel
pipe for Center Grove Valley Interceptor San.
Mary Sewer. ..............................................................
82
INDEX -BOOK 103
1973 SUBJECT
Page
" 12—Resolution No. 41-73. Providing for matching funds in
amount of $47,368 for County -City Law Enforce-
mentCenter................................................................
"
83
12—Resolution No. 42-73. Providing for matching funds in
amount of $28,636 for County -City Law Enforce-
mentCenter.................................................................
"
83
12—Resolution No. 43.73. Providing for matching funds in
amount of $98,837 for County -City Law Enforce-
mentCenter.................................................................
"
83
12—Resolution No. 4473. Requesting Senator Richard
Clark to support the Emergency
Bridge Replace-
ment Program of the Federal Aid Highway
Act. ................................................
12—Resolution No. 45-73. Requesting Congressman John
84
C. Culver to support the Emergency Bridge Re-
placement Program of the Federal Aid Highway
Act.............................................................................
" 12—Resolution No. 46-73. Requesting Senator Harold
Hughes to support the Emergency Bridge Re-
placement Program of the Federal Aid Highway
Act.................................................................................
" 19—Resolution No. 47-73. Authorizing and directing the
86
City Manager to cause structure at 1729 Prescott
Street to be dismantled and removed
.................
" 19—Resolution No. 48-73. Authorizing and directin$ the
94
City Manager to cause structure at 614 Lincoln
Avenue to be dismantled and removed .................
95
" 19—Resolution No. 49-73. Providing for the appointment
of a nine Citizens
member Freeway Study Com-
mittee...........................................................................
" 19—Resolution No. 50-73. Authorizing execution and de-
96
livery of deed to Canfield Hotel Inc, for sale
of land in Urban Renewal Area .............................
97
" 19—Resolution No. 51-73. Designating the Five Flags Cen-
ter as a bicentennial center .....................................
97
19—Resolution No. 52.73. Authorizing City Mayor to ex-
ecute agreement No. 72.3-228 with Iowa High-
way Commission covering TOPICS Project at
10th Street and Bluff .................................................
99
" 19—Resolution No. 53-73. Authorizing City Mayor to ex-
ecute agreement No. 72-T-229 with Iowa High-
way Commission covering TOPICS Project at
University Avenue . ....................................................
100
" 19—Resolution No. 5473. Granting Cigarette Permit.........
100
" 19—Resolution No. 55-73. Granting application for Class
"B" Beer Permit . ........................................ I ...............
100
" 19—Resolution No. 56-73. Directing the issuance of Class
.,B„ Beer Permit.........................................................
100
" 19—Resolution No. 57-73. Granting application for Class
"C" Beer & Liquor Permit .........................
101
" 19—Resolution No. 58.73. Directing the issuance of Class
"C" Beer & Liquor Permit . .............................
101
" 26—Recreation Commission, submitting minutes of meet-
ings.............103, 192, 257, 388, 450, 473, 517, 548, 568, 584
" 26—Report of Dubuque Human Rights Commission for the
year1972 . ............................ ................. ....
103
" 26—Report of County -City Authority for the year 1972...
103
" 26—Report of the Water Department for the year 1972.....
104
" 26—Resolution No. 59-73. Authorizing the City Manager
to documents
sign all and provide the local
share of funding for the Youth Services Proj-
ect.................................................................................
110
" 26—Resolution No. 60-73. Approving Schedule of proposed
assessments for City of Dubuque 1973 Asphaltic
Paving Project No. 1 .................................................
111
" 26—Resolution No. 61-73. Preliminary plana and specifica-
tions for construction of Clty of Dubuque 1973
Asphaltic Paving Project No. 1 .............................
111
INDEX -BOOK IM
1973 SU_BJECT Page
26—Resolution No. 62-73. Necessity for Improvement for
the City of Dubuque 1973 Asphaltic Paving Proj.
ectNo. I . .................................................................... 112,
26—Resolution No. 63-73. Fixing Date of Hearing for City
176
of Dubuque 1973 Asphaltic Paving Project No.
113
26—Resolution No. 64-73 Approving Schedule of proposed
assessments for City of Dubuque 1973 Concrete
Paving with Integral Curb Project No. I .............
114
26—Resolution No. 65-73. Preliminary plans and specifica-
tions for construction of City of Dubuque 1973
Concrete Paving with Integral Curb Project No.
1 1 .......................................... .........
114
26—Resolution No. 66-73. Necessity for Improvement for
City of Dubuque 1973 Concrete Paving with In-
tegral Curb Project No. I . ...................................... 114,
179
26—Resolution No. 67-73. Fixing Date of Hearing for City
of Dubuque 1973 Concrete Paving with Integral
Curb Project No. I . ..................................................
115
26—Resolution No. 68-73. Granting Cigarette Permit . ........
116
2611esolution No. 69-73. Granting applications for Class
"C" Beer & Liquor Permits .....................................
116
26—Resolution No. 70-73. Directing the issuance of Class
"C" Beer & Liquor Permits .....................................
116
Mar. 6 --Russo R. N., bond . ................................................................
121
6—Robertson Elizabeth et. al.. requesting rezoning of
Fourth Street area to restore property as a his.
torical structure . ......................................... ...... 125, 159.
160
6—Resolution No. 71-73, Conveyance of Lot 4B of Mineral
Lot 472 to Dubuque Community School District,
and directing City Clerk to record a certified
copy in office of County Recorder . ......................
122
6—Resolution No. 72-73. Authorizing and directing the
Mayor to execute the Pre -Design Project Agree.
ment No. 73-P-024 covering the U. S. 561 Free.
Corridor Location
way and the City Island Mis-
sissippi River Bridge and connections. ................
126
6—Resolution No. 73-73. Approving official report of
municipality for municipal streets and parking
from January 1, 1972 to December 31, 1972. ....
126
6 --Report for Municipal Streets and Parking for fiscal
year1972 . .................................................................. _
6—Resolution No. 74-73. Schedule of Assessments for
126
Asbury Park Subdivision Sanitary Sewer 1972, 127,
129
..
6—Resolution No. 75-73. Providing for the issuance of
Sewer Bonds to Pay for the cost of the Asbury
Park Subdivision Sanitary Sewer -1972 ................
129
6—Resolution No. 76-73. Granting Cigarette Permit.
131
........
Mar. 6—Resolution No. 77-73. Granting applications for Class
"B" and Class "C" Beer Permits, ............................
131
6—Resolution No. 78-73. Directing the issuance of Class
"B"
and Class "C', Beer Permits . ..........................
131
6 --Resolution No, 79-73. Granting applications for Class
"C" Liquor Permits
. ................. I ................................
6—Resolution No. 80-73. Directing the issuance of Class
"C" Liquor Permits.
131
12—Report of C ......
City Auditor for the Year 1972
132
. ..... ........... .
12—Report of the Parking Facilities for the year 1972.
135
.—
12—Resolution No. 81-73. Authorizing the Mayor to ex-
ecute a memorandum of understanding with the
135
United States Department of Housing and Urban
Development. ....................
.... ... ............... .. .............
12—Resolution No. 82-73. Authorizing the City Manager
to execute an Option
140
to Purchase Agreement
with Leonard T. Smith & Innocence Ann
Smith
for a Sanitary Landfill Site,
............ ...................
12—Resolution No. 83,73. Approving Plat If Lot 2
Gilchrist place. in
142
.................... .
143
INDEX—BOOK 103
1973 SUBJECT
Page
" 12—Resolution No. 84-73. Directing the City Manager to
communicate with the Interstate Power Company
seeking additional time in taking over the bus
operations for the City ............................................. 143, 147
" 12—Resolution No. 85-73. Granting Cigarette Permit.........
144
" 12—Resolution No. 86-73. Granting applications of Class
"C" Beer Liquor Permits .........................................
144
" 12—Resolution No. 87-73. Directing the issuance of Class
"C" Beer -Liquor Permits . ........................................
144
" 12—Resolution No. 88-73. Approving vacation and convey-
ance of Lot 36A and the easterly 19.96 feet of
Lot 87A of Wood's Addition to Nelson P. Klavit-
ter and Ramona R. Klavitter...................................
145
" 19—Resolution No. 89-73. Authorizing publication of no-
tice of sale of project notes (First Series 1973)
and the receiving of proposals for the sale of
said notes for the downtown Urban Renewal
Project, Iowa R-15 . ....................................................
"
152
19—Resolution No. 90.73. Approving fixed-price competi-
tion method for offering certain land in Down-
town Urban Renewal Project, Iowa R-15 for
development by private developers . ....................
153, 190
" 26—Resolution No. 91-73. Appointing William J. O'Brien
Deputy City Clerk .....................................................
"
156
26—Report of Sewage Disposal Works and Facilities for
157
theyear 1972...............................................................
" 26—Richardson Gail, Notice of Claim . ...................
"
158, 232
26—Reardon David J. et. al., requesting that the 4th
Street area remain residential rather than be
rezoned to professional offices or studios. .......
159
" 26—R. E. T. Corporation, owners of Hamilton Glen Apart-
ments, requesting consideration in the participa-
tion of cost of extending Catfish Interceptor
Sewer.............................................................................
164
" 26—Romac Inc. do Inns of Iowa DTD -Dubuque, requesting
annexation of 7.6 cares off of Highway No. 20,
and requesting consideration of sewer and water
during construction ofa Ramada Inn .................
..............................................164, 292, 303, 304, 305,
324, 325
" 26—Resolution No. 9273. Authorizing the City Manager
to execute and file an application with the U.S.
Department of Housing and Urban Develop-
ment under Section 701 of the Housing Act
of1954.........................................................................
165
" 26—Resolution No. 93-73. Granting Cigarette to Delores
B. Elliott .......................................................................
165
" 26—Resolution No. 9473. Granting applications for Class
"B" and "C" Beer Permits....................................
166
" 26—Resolution No. 95-73. Directing the issuance of Class
"B" and "C" Beer Permits . ....................................
166
26—Resolution No. 96.73. Granting applications for Class
„C" Liquor Permits . .................................................. 167
26—Resolution No. 97-73. Directing the issuance of Class
.,C„ Liquor Permits . .................................................. 167
April 2—Resolution No. 98-73. Approving Scope of Study of
John F. Kennedy Road Corridor Project and au-
thorizing the City Manager to negotiate with
Barton-Aschman Associates as consultants at a
cost not to exceed $10,000 ....................................... 169
2—Resolution No. 99-73. Decision of Council upon objec-
tions to plans, specifications, form of contract
and cost of improvement of City of Dubuque
1973 Asphaltic Paving Project No. 1 . ................ 176
2—Resolution No. 100-73. Ordering Construction of the
City of Dubuque 1973 Asphaltic Paving Project
No. 1............................................................................. 177
ttf
INDEX—BOOK 103 --
-
------ - – ----
page,
2—Resolution No. 10173. Derision of Council upon ob-
y contract
mof f
jections to plans,rovementscilt4 of City Dubuque
cost of imp
and
1973 Concrete Paving wish Integral Curb Project
No. I. .......................................................................... .
" 2--Resolution No. 102.73. Ordering Construction of the
Dubuque 1973 Concrete Paving with In.
178
Citv of
gral Curb Project No. 1........................................ .
lfl0
" 2—Resolution No. 103.73. Approving plat of Block 8
181
,.Thomas Farm Addition...........................................
2—Resolution No. 104-73, Authorizing the City Manager
to execute a License Agreement for an easement
for the Park Hill Feed Main Water Distribution
System Improvements, HUD Project WS-Iowa-
'.........................lat
182
" 2—Resolution No. 105-73. Approving p of Lot 1 of Lot
1 of Sears Roebuck and Company Subdivision
No. 2...........................................................................
182
2—Resolution No. 106-73. Approving amendment of lease
with Wayne Motor Sales of a misdescription of
real estate in Sears-Roebuck & Co, Subdivision
No. 2.............................................................................
183
" 2—Resolution No. 107-73. Approving amendment of lease
with Frommelt Building Corporation of a mis-
description of real estate in Sears-Roebuck &
Co. Subdivision No. 2...............................................
183
" 2--Resolution No. 108-73. Approving schedule of pro.
posed assessments for City of Dubuque 1973
Concrete Sidewalk Project . ....................................
184
" 2--Resolution No. 109.73. Approving preliminary esti.
mate,of plans and specifications for the construe
Dubuque 1973 Concrete Sidewalk
tion City of
Project...........................................................................
184
" 2—Resolution No. 110-73. Necessity for improvement for
the City of Dubuque 1973 Concrete Sidewalk
Project...................................................................185.260, 262
" 2—Resolution No. 111-73. Fixing Date of Hearing for Pity
of Dubuque 1973 Concrete Sidewalk Project. ..
184;
2—Resolution No. 112.73. Appointing Joseph P. Zwack
Assistant City Attorney...........................................
187
" 2---Resolution No. 113.73. Granting Cigarette Permit to
Will-Co, Inc.................................................................
187
" 2—Resolution No. 114.73. Granting application for Class
„C„ Beer Permit.........................................................
188
" 2—Resolution No. 11573. Directing the issuance of Class
"C„ Beer Permit.......................................................
188
" 2—Resolution No, 116.73. Granting application for Class
„C" Liquor Permit.....................................................
188
2—Resolution No. 117-73. Directing issuance of Claw "C"
Liquor Permit.............................................................
188
2—Resolution No. 118.73. Affirming that liartig Drug
Company has not violated any provision of deed
to property in Urban Renewal area. ....................
189
" 16—Riggs L, C. Associates, offer to purchase a parcel
of land in Block 5 Riverfront Subdivision No.
3......................................................... .......192, 422, 482
16—Reliance Insurance Company, Notice of Claim in sub-
rogation rights in accident case of John R.
Grimes.
...........................................
16—Ryan Michael James, requesting that 701 Bluff res-
195
idence be declared to have historical or arch.
itectural significance
as under Subsection 11,
article4
................................................................196
" 16—Resolution No. 119-73. Authorizing and directing the
City Mana er to cause structure at 570-582 Avon
Street to be dismantled
and premises cleaned
UP (Steichen)
.................................. ..............
198
INDEX -BOOK 103
1973 --------_
SUBJECT
16—Resolution No. 120-73. Authorizing and directing the
City Manager to cause structure at 446 East 14th
Street to be dismantled and premises cleaned
up(Sargent).................................................................
16—Resolution No. 121.73. Authorizing and directing the
City Manager to cause structure at 1637 Iowa
Street to be dismantled and premises cleaned
up (Nagle).
. .....................
16—Resolution No. 122.73. Authorizing and directing the
City Manager to cause structure located at 544-
60 Avon Street to be dismantled and premises
cleaned up (Winall)...................................................
16—Resolution No. 123-73. Approving plat of Lot 86A and
the easterly 19.96 feet of Lot 87A of Wood's
Addition.......................................................................
16—Resolution No. 124-73. Approving disposal of and
conveyance of Lot 86A and the easterly 19.96
feet of Lot 87A of Wood's Addition to Nelson
P. Klavitter and Ramona R. Klavitter. ................
16—Resolution No. 125-73. Authorizing the sale, issuance
and delivery of project notes in the amount of
$1,741,000 in connection with Urban Renewal
Project No. Iowa R-15 ...............................................
16—Resolution No. 126-73. Approving plat of Block 6 and
Block 7 in Mettel-Byrne Addition . ........................
16 --Resolution No. 127-73. Approving plat of "Kennedy -
Larches Subdivision...................................................
16—Resolution No. 128-73. Approving plat of Lots 1-29
inclusive; and Lot A, all in Iiawkeye Estates.....
16—Resolution No. 129.73, Approval to preliminary esti-
mate of cost and approval of plans for the con-
struction of Dubuque County -City of Dubuque
Law Enforcement Center . ........................................
16—Resolution No. 130-73. Providing for notice of hearing
on proposed plans and form of contract for con-
struction of Dubuque County -City of Dubuque
Law Enforcement Center . ........................................
16—Resolution No. 131.73. Providing for taking of bids for
construction of County -City Law Enforcement
Center...........................................................................
16—Resolution No. -73. Approval to preliminary esti-
mate of cost and approval of plans for the con-
struction of Dubuque County -City of Dubuque
Law Enforcement Center . ........................................
16—Resolution No. -73. Providin for notice of hearing
on proposed plans and farm of contract for con-
struction of Dubuque County -City of Dubuque
Law Enforcement Center . ........................................
" 16—Resolution No. -73. Providing for the taking of bids
for construction of County -City Law Enforce-
mentCenter.................................................................
" 16—Resolution No. 132-73. Granting Cigarette Permit to
RonaldAdams.............................................................
16 --Resolution No. 133.73. Granting application for Class
"C„ Beer Permit.........................................................
16—Resolution No. 134-73. Directing issuance of Class "C"
BeerPermit.................................................................
16—Resolution No. 135-73. Granting applications for Class
.,C„ Liquor Permits . ......................... I .... I ............. I...
16—Resolution No. 136-73. Directing the issuance of Class
C.' Liquor Permits . ................................................
" 23—Riley Joseph R., Notice of Claim .....................................
" 23—Resolution No. 137-73. Directing the City Clerk to
publish notice that the Iowa State Highway Com-
mission isapplying for approval of Location and
Design Study for the reconstruction of Univer-
sity Avenue, TOPICS Project . ................................
23—Resolution No. 138-73. Granting Cigarette Permits. ....
Page
199
200
201
202
203
204
207
208
209
211
211
213
215
215
217
219
219
219
220
220
224
2'27, 228
228
INDEX—BOOK 103
-------------- -SUBJECT
Page
1873 _
------------
" 23•—Resolution No. 139.73. Granting applications for Class
2.8
.,C„ Liquor Permits. ...................
" 23—Resolution No. 140-73. Directing the issuance of Class
229
„C„ Liquor Permits . ............... I................................
" 23—Resolution No. 141-73. Requesting the Planning &
Zoning Commission to draft and adopt an An•
nexation Policy. .........................................................
" 30—Reisdorf Joseph E., Notice of Claim .................................
229
233
" 30—Resolution No. 142-73. Directing the City Solicitor to
costs of dam
take necessary action to recover
incurred by acts of vandalism . ....................236, 290
ages
" 30—Resolution No. 143-73. Agreement between the City
of Dubuque and the Sheriff of Dubuque County.
holding the Sheriff harmless from acts of special
deputies.........................................................................
" 30—Resolution No. 144.73• Providing for the advertise-
237
ment of $205,000 City Law Enforcement Center
Bonds. ................ .. .......................................................
.
" 30—Resolution No. 145-73. Awarding Contract for the City
237
of Dubuque 1973 Asphalt Paving Project No.
1...................................................................................
238
.
" 30—Resolution No. 146.73. Authorizing the City Manager
to execute an extra Work Order with the Iowa
State Highway Commission for Dodge Street Cor-
ridorStudy.............................................................
" 30—Resolution No. 147.73. Directing the publishing of
Commission
239
notice that the Iowa State Highway
has received "Location and Design" approval for
the reconstruction of University Avenue, TOPICS
239
Project No. T-735.7(3}46.31 . ....................................
" 30—Resolution No. 148-73, Extending time period in which
to receive proposals for the sale of land in the Down-
town Urban Renewal Project• ...............................
240
" 30—Resolution No. 149.73. Granting applications for Class
"B" and Class "C" Beer Permits . ..........................
240
" 30—Resolution No. 150-73. Directing the issuance of Class
"B" and Class "C" Beer Permits• .......................
241
May 7—Report of Peoples Natural Gas for 1972 .........................
245
" 7—Resolution No. 151.73. Authorizing and extension of
time for the consummation of the sale of land
for private redevelopment with Ecumenical Hous-
ing, Inc.........................................................................
251
" 7—Resolution No. 152-73. Appointing and electing Coun-
cilman Moldenhauer presiding officer pro -tem...
247
" 7—Resolution No. 153.73. Awarding Contract for the City
of Dubuque 1973 Concrete Paving with Integral
Curb Project No. 1 . ..................................................
2.48
" 7—Resolution No. 154-73. Authorizing the execution of
two contracts with Barton-Aschman Associates,
Inc. For Downtown Urban Renewal Project Iowa
R-15...............................................................................
249
" 7—Resolution No. 155-73. Authorizing the execution of a
Certificate of Completion for Time Finance
Corporation, .................... . .
250
" 7—Resolution No. 156-73. Approving the Fixed -Price com-
petition method for offering certain land in the
Downtown Urban Renewal Project, Iowa Rr15,
for Redevelopment by Private developers. ........
"
2.52
7—Resolution No. 157.73. Approving proposed plana, spec-
ifications and form of contract for construction
of Dubuque County -City of Dubuque Law En-
forcement Center.......................................................
253
" 7—Resolution No. 158.73. Granting Cigarette Permit to
JoeDiener..................................................................
254
" 7—Resolution No. 15943. Granting applications for Class
"C" Beer Permits . .....................................
2.54
,. ...............
7—Resolution No. 16043. Directing the issuance of Class
"C" Beer Permits ......................... ............................. .
255
INDEX—BOOK 103
1973 SUBJECT
Page
" 7—Resolution No. 161-73. Granting applications for Class
"C"
and Class "A" Liquor Permits
.......................
" 7 ---Resolution No. 162-73, Directing the issuance of Class
255
"C" and Class "A" Liquor Permits,,,,,,,,,,,,
"
255
14 --Resolution No. 163-73. Amending Resolution No. ,, 110 ,
73, a resolution of necessity for the 1973 Con-
crete Sidewalk Program .................................
" 14—Resolution No. 164-73. Decision of Council upon ob-
260
jections
act fortthe11973sConcrete1SidewalkoPrmogram n.
261
14—Resolution No. 165-73. Ordering Construction for the
1973 Sidewalk Program . .........i*,*,*,**,*,*,*,*,***,,*,,**,*...263
"
14—Resolution No. 166-73. Preliminaryand cifica
tions for the West Eighth StreetRe d gci`f i
all
Reconstruction 1973• .....................................
266
14 --.Resolution No. 167-73. Necessity for Improvement of
West Eighth Street Retaining Wall Reconstruc-
tion1973 ...................................... ...
" 14—Resolution No. 16&73. Fixing Date of Hearing for
266, 348
West Eighth Street Retaining Wall Reconstruc-
tion1973....................................................................
" 14—Resolution No. 169-73. Ordering Construction for the
West Eighth Street Retaining Wall Reconstruc-
266
tion1973 . ..................................................... .........
" 14—Resolution No. 170-73. Authorizing the Mayor and
267
City Clerk to execute the required documents
in connection with an application for Federal
Grant under the Land and Water Conservation
FundProgram.............................................................267,
"
575
14—Resolution No. 171-73. Acquisition or development for
outdoor recreation under the Land and Water
Conservation Fund Program, (Lyons Park Proj-
ect#1).........................................................................268,
" 18—Resolution No. 172-73. Calling of a special election
575
on the proposition of acquiring, establishing
maintaining and operating a Municipal Transi{
System...........................................................................
" 21 Reis George Mrs., requesting City to take over the
270
bussystem........................................................... .. ..
276
" 21—Rembold Elma B., requesting suspension of taxes.....
" 21—Resolution
277
No. 173-73. Approving Easement Agree-
ment between the Illinois Central Gulf Railroad
Company and the City of Dubuque . ....................
278
21—Resolution No, 174-73. Final Estimate for the 1972
Traffic Signal Project . ..............................................
279
" 21—Resolution No. 175-73, Accepting the 1972 Traffic
SignalProject.............................................................
279
" 24—Resolution No. 176-73, Providing for the sale and
award of $205,000 City Law Enforcement Bonds...
282
" 29—Resolution No. 177-73, Notice that the Iowa State
Highway Commission is seeking Federal ap-
proval for "Location and Design" of Central
Business District Traffic Signal Improvement
Project...........................................................................
292
" 29• --Resolution No. 178-73. Notice that the Federal Hi h*
Administration has
way given approval of the
"Location and Design Study Report" of Central
Business District Traffic Signal improvement
Project...........................................................................
293
" 29—Resolution No. 179.73. Granting application for Class
"B" Beer Permit.......................................................
294
" 29—Resolution No, 180-73. Directing the issuance of Class
"B" Beer Permit.........................................................
295
" 29—Resolution No, 181-73. Granting applicaitons for Class
"C,, and „B„ Beer Permits . ....................................
295
" 29—Resolution No, 182-73. Directing the issuance of Class
"C" and "B" Beer Permits . ....................................
296
" 29—Resolution No. 183-73. Granting application for Class
....................................................
"C" Liquor Permit.296
INDEX—BOOK 103
SU (EI3J T
Page
1973
29—Resolution No. 184-73. Directing the issuance of Class
296
,.C„ Liquor Permit................................Liquor .. q..........Per .....
29 --Riverside Bowl Inc., granted Class "C'.
29f
mit.................................................................................
4—Rossiter Paul, presenting the City Council with a 29q 46fi. 490
,lune
posal to renovate City Hall. .....................
4—Resolution No. 185-73. Declaring intent to sell the
144 feet of Parcel 2-6 in Urban Renewal
south
areato Lorice, Inc .....................................................
302
4—Resolution No. 18673. Requesting the Speaker of the
House to act expeditiously and affirmatively on
legislation to legalize Sunday Sales of Beer and
Liquor......................................................................
" 4—Resolution No. 187.73. Approving disposal of Lot 2
303
of 2 of Randall's Subdivision No. 2 to Clement
F' Polfer and Angeline C. Polfer. ........................
306
4—Resolution No. 188-73. Awarding contract to Willy
" io
Construction Company for the construction of
Dubuque County -City of Dubuque Law Enforce-
mentCenter.................................................................
308
4—Resolution No. 189-73. Providing for matching funds
for the Iowa Crime Commission Projects. ...
313
4—Resolution No, 190-73. Granting applications for Class
„C„ Liquor Permits .....................................................
314
4—Resolution No. 191-73. Directing the issuance of
Class "C', Liquor Permits .........................................
314
" 11—Rhomberg Avenue, installation of 40 street lights
recommended by the City Manager . ....................
317
" 11—Ruley Maxine et. al., complaining of a drainage prob-
lem resulting from a driveway of Team Elec-
tronics at the corner of Theda Drive and Gordan
Drive.............................................................................
323
" 11—Resolution No. 192-73. Approving plat of Lots 1-8
inclusive, Block 5 all in Sunset Park Subdivision
No. 3.............................................................................
319
11—Resolution No. 193-73. Authorizing A. G. Heitzman,
Finance Director to execute and file an applica-
tion for financial aid under the Disaster Relief
Act.................................................................................
324
" 11—Resolution No. 19473. Extending the territorial limits
of the City of Dubuque .............................................
325
" 11—Resolution No. 195-73. Approving Memorandum of
Agreement between the City and the Interstate
Power Company for the issuance of Pollution
Control Bonds not to exceed $4,850.00. 325, 326, 327,
328
" 11 --Resolution No. 196.73. Authorizing an open Sculpture
competition for the Downtown Urban Renewal
Project, Iowa R-15 . ....................................................
329
" 11—Resolution No. 197-73. Retention of certain Urban Re-
newal land for the Point Law Enforcement Cen-
ter Building . ................................................331, 332, 333, 334
11—Resolution No. 198-73. Authorizing execution of a con-
tract for sale of land for public redevelopment
with Dubuque County, Iowa. (Law Enforcement
Center).........................................................................
335
" 11—Resolution No. 199.73. Awarding Contract to Mulgrew
Blacktop Inc. for 1973 Asphaltic Paving Project
No. 1.............................................................................
336
11—Resolution No, 200-73. Preliminary plans and specifica-
tions for the construction of North Algona San.
itarySewer...................................................................
337
" 11—Resolution No. 201-73. Necessity for Improvement for
the North Algona Sanitary Sewer. ........337, 397
" 11—Resolution No. 202.73. Fixing date of hearing for the
North Algona Sanitary Sewer . ............................
336
" 11—Resolution No. 203-73. Granting Cigarette Permits.
338
" 11—Resolution No. 204-73. Granting applications for Class
"C„ Beer Permits.................................................................
339
INDEX—BOOK 103
1973 SUBJECT
page
II—Resolution No. 205-73. Directing the issuance of Class
"C" Beer Permits . ..... I ..............................................
339
II—Resolution No. 20673. Granting applications for Class
"C" Liquor Permits . ................................................
340
11—Resolution No, 207-73. Directing the issuance of Class
"C" Liquor Permits . ................................................
340
11—Riverside Bowl, Inc., granted CigarcLe Permit .............
339
11—Reisdorf Joseph E., granted Cigarette Permit and
Class "C" Liquor Permit . ........................................339, 340
II—Rainbo Oil Company, granted Cigarette Permit . ............
339
11—Ruegnitz Drugs, granted Cigarette Permit .....................
339
18—Roth Ray A., Notice of Clzim. .............................................
343
18—Roniae Inc. and Inns of Iowa, requesting rezoning of
recently annexed area from Single Family to
Local Business District "B" classification. ....348,423,
455
18—Reisdorf Joseph & Irma S., requesting permission to
construct a marquee at 601 Rhomberg Avenue.348, 395
18 --Resolution No. 208-73. Awarding contract for the con-
struction of Nvest Eighth Street Retaining Wall.
349
18—Resolution No. 209-73, Authorizing the Airport Com-
mision to execute First Amendment to Grant
Agreement. .................................................................. 349, 350
18—Resolution No. 210-73, Granting Cigarette Permit to
Barkalow Bros. Newsstand et. al .............................
350
18 --Ring Louis A., granted Cigarette Permit . ....................
351
18—Roshek's Department Store, granted Cigarette Permit.
351
18—Ring Richard J., granted Cigarette Permit . ................
351
18—Randall's Foodararna, granted Cigarette Permit. ........
351
18—Resolution No. 211-73. Granting applications for Class
"C" Liquor Permits . ................................ I ....... I .......
352
18—Resolution No. 212-73. Directing the issuance of Class
,'C" Liquor Permits . ................................................
352
22—Resolution No. 213-73. Authorizing the Chairman of
the Airport Commission to execute Amendment
to Grant Agreement . ............... .......................... .....
354, 355
22—Renier Maurice, Concerned about the parking facilities
for the proposed Employment Bureau Building
to be located at 5th & Iowa Streets .....................
356
25 --Report of records of City for the year 1972 by the
StateAuditor ..............................................................
357
25—Revenue Sharing Report submitted by the City Man-
ager. ..............................................................................
357, 380
25—Resolution No. 214-73. Urging the retention of the of-
fices of the Clerk of the United States District
Court at Dubuque, Iowa . ........................................
361
25—Resolution No. 215-73. Releasing proposed public con-
struction sites in the Downtown Urban Renewal
Project, Iowa R-15 . ..............................................
362
25—Resolution No. 216-73. Accepting work performed
Down-
under demolition contract No. 2.71 for
town Urban Renewal Project, Iowa R-15 .............
362
25—Resolution No. 217-73. Authorizing the execution and
delivery of deed to Dubuque County for sale of
land in Urban Renewal area . ................................
25—Resolution No. 218-73. Approving lease agreement be-
363
tween the City Planning & Zoning Commission
andFischer Realty . ......................................... ** .........
364
25—Resolution No, 219-73. Approving sale of Parcel 4-2
in Urban Renewal Area to R. Hampton and
364
Company. .................................................... ** ................
25—Rseolution No. 220-73. Granting Cigarette Permits.....
365, 366
25—Rcsolution No. 221-73. Granting applications for Class
367
"B" and "C" Beer Permits .......................................
25—Resolution No. 222-73. Directing the issuance of Class
"B" and "C" Beer Permit-,; . ....................................
367
25—Resolution No. 223-73. Granting applications for Class
367
"C" and "B" Liquor Permits . ................................
25.—Resolution No. 224-73. Directing the issuance of Class
367
C" and "B" Liquor Permits . ............................
INDEX—BOOK 103
1919– -- — -- SUBJE r --- --
Page
25 --Resolution No. 225-73. Canvassing and declaring re-
sults of Special Election on a Municipal Transit
Proposition...................................................................
372
" 29—Resolution No. 226.73. Granting applications for Sun-
daySales Permits . ....................................................
374
" 29—Resolution No. 227-73. Directing the issuance of Sun-
day Sales Permits . ....................................................
374
" 29—Riverside Bowl, Inc., granted Sunday Sales Permit.....
374
July 2—Resolution No. 228-73. Authorizing and directing the
City Manager to cause the structure located at
701 Rhomberg Avenue to be dismantled and the
premises cleaned tip . ................................................
382
" 2—Resolution No. 22.9-73. Authorizing and directing the
City Manager to cause the structure located at
1648-1650.1451 Washington Street to be disman-
tled and the premises cleaned up .........................
383
" 2—Resolution No. 230-73. Preliminary plans and specifica-
tions for construction of 1973 Storm Sewer
Improvement Program . ............................................
383
" 2—Resolution No. 231-73. Necessity for Improvement of
1973 Storm Sewer Improvement Program. ........
384
" 2—Resolution No. `132-73. Fixing date of hearing for the
1973 Storm Sewer Improvement Program. ........
384
" 2—Resolution No. 233-73. Granting Cigarette Permits....
385
" 2—Resolution No. ?.34-7s. Granting applications for Class
..C„ Liquor Licenses . ................................................
386
" 2—Resolution No. 235-73. Directing the issuance of Class
"C" Liquor Licenses . ................................................
386
" 2—Riekena Doris, granted Cigarette Permit . ................
386
" 9—Resolution No. 236-13. Decision of Council upon objec-
tions to the construction of the North Algona
Sanitary Sewer 8 inch between University Av-
enue and Loras Boulevard . ....................................
398
" 9—Resolution No. 237-73. Ordering construction of North
Algona Sanitary Sewer 8 inch between Univer-
sity Avenue and Loras Boulevard . ........................
398
" 9 --Resolution No. 238-73. Final Estimate for cost of Town
Clock Plaza, Phase 11, Section 11 Electrical in
amount of $62,063.81 .................................................
399
" 9—Resolution No. 239-73. Accepting improvement of
Town Clock Plaza, Phase Ili Section 11 Electrical.
399
" 9—Resolution No, 240-73. Authorizing execution of con-
tract for sale of land with Lorice, Inc .....................
400
" 9—Resolution No. 241-73. Granting Cigarette Permits.....
401
" 9—Resolution No. 242-73. Granting applications for Sun-
day Sales Permits .............................................
401
" 9—Resolution No. 243.73. Directing the issuance of Sun-
day Sales Permits . .................................................
" 9—Resolution No. 244-73.
401
Electing to act and be subject
to the Home Rule Act . ......................................
402
" 13—Resolution No. 245-73. Granting applications for Sun-
day Sales Permits.
" 13 --Resolution No. 246-73. Directing the issuance of Sun-
day Sales Permits . .......................................
16—Radabaugh Susan, Notice of Suit ........................
4n7
" — .
l& --Resolution designating structures as historically and
architecturally significant, pursuant to Ordi-
nance No. 28.70 (West 4th & Bluff Street area).
409
16—Runde's Custom Upholstery Inc., requesting dedication
easement of areas located at 70 SouthernAv-
......................................
enue. ..................... ..........410, 425. 481
" 16—Ridge Motor & Machine Co., requesting paving of East
12th Street . ..................
" 16—Resolution No. 247-73. Accepting offer of the Inter-
state Power Company of bus transportation sys-
tem for the sum of $1.U0. ..
" 16—Resolution No. 248.73. Authorizing execution
41U
and
delivery of deed to Lorice, Inc
. ...........................
411
INDEX -BOOK 103
-- -- —
1973 SUBJECT
Pagc
" 16—Resolution No, 249-73. Approving Agreement between
the City and the County concerning the regula-
tion of parking and parking meter violations.....
411
16—Resoludon No. 250-73. Granting Cigarette Permits....
"
412
16—Resolution No. 251-73. Granting application for Class
"B"
Beer Permit.........................................................
" 16—Resolution No. 252-73. Directing the issuance of Class
412
„B,. Beer Permit ......................................
412
. I.................
16—Resolution No. 253-73. Granting applications for Class
"C" Liquor Permits . ............... ..
...............................
" 16—Roselution No. 25473. Directing the issuance of Class
413
C„ Liquor Permits . ................................................
"
413
16—Reveile Patricia G., $ranted Cigarette Permit .............
412
" 30—Riggs L. C. & Associates, offer to purchase Lot 2 of
Lot 1 of Lot 1 of Block 5 Riverfront Subdivi-
sion No. 3, approved by the Mayor's Industrial
Committee. ............................................................... _...
" 30—Resolution No. 255-73. Approving sale of Lot 2 of 1
422, 482
of I of Block 5 of Riverfront Subdivision No. 3
to L. C. Riggs & Associates .....................................
" 30—River Valley C. A. P., requesting financial support
422
from River Valley Inc . ............................................
425
" 30---Remakel Michael et, al., complaining of an existing
nuisance at 1387 Dodge Street . ............................425,
"
451
30—Recreation Department, requesting permission to con-
duct a Bicycle Fun Day on certain streets and
parkroads.............................................................425,
437, 473
" 30—Resolution No. 256.73. Approving petition for Grante
of Eastment by Runde's Upholstery Inc . ............
425
" 30—Resolution No. 257.73. Accepting 15" Peru Road San-
itary Sewer and establishing connection charges.
426
" 30—Resolution No, 258.73. Approving agreement between
the Town of Asbury and City of Dubuque rela-
tive to sewage facilities and disposal
427
problems.
" 30—Resolution No. 259-73. Approving plat of portions of
vacated streets and alleys in the Downtown Ur-
ban Renewal Project area .........................................
429
" 30—Resolution No. 260-73. Subdividing lots in Downtown
Urban Renewal Project area for public right of
way and other purposes . ........................................
430
" 30—Resolution No. 261-73. Dedicating lots in the Down-
town Urban Renewal Project area for street pur-
ur-
poses
poses.............................................................................
430
" 30—Resolution No. 262-73. Approval of plat in Dubuque
Downtown Plaza.........................................................
431
" 30—Resolution No. 263-73. Granting Cigarette Permits, ....
432
" 30—Resolution No. 264-73. Granting applications for Class
..C" Liquor Permits . ................................................
432
" 30—Resolution No. 265.73. Directing the issuance of Class
"C" Liquor Permits . ................................................
432
" 30—Resolution No. 266-73. Appointing a Transit Author-
ity for the City of Dubuque . ................................
433
" 30—Riekena Doris M., appointed to the Transit Authority.
433
" 30—Rettenberger Max, granted Cigarette Permit . ............
432
Aug. 6—Resolution No. 267-73, Designating structures on cer-
tain pproperties as historically and architecturally
No.
significant, pursuant to Ordinance 28-70. ....
439
" 6—Resolution No. 288 73. Authorizing execution of sale of
land to R. Hampton and Co. Inc .............................
436
" 6—Rolin# Chris, appointed to the Dubuque Youth Serv-
ices.................................................................................
437
" 6—Resolution No. 289 73. Awarding contract for the con-
struction of North Algona Sanitary Sewer. ......
443
" 6—Resolution No. 270-73. Decision of Council upon objec-
tions to the 1973 Sturm Sewer Improvement
Program.............................................................
444
" 6 --Resolution No. 271-73. Ordering construction for the
1973 Storm Sewer Improvement Program. ........
445
INDEX—BOOK 103
1973 _ SUBJECT
Page
" 6—Resolution No. 272-73. Awarding contract for the
1973 Storm Sewer Improvement Program. ........
445
" 6—Resolution No. 273-73. Approving plat for purpose of
extinguishing five foot utility easements in Lot 3
and 4 Block 10A "Key Knolls Subdivision .............
447
6—Resolution No, 274-73. Granting Cigarette Permits.
447
6—Resolution No, 275.73. Granting applications for Class
"B" and "C" Beer Permits . ........................
"
448
6—Resolution No, 276-73. Directing the issuance of Class
and "C" Beer Permits . ....................................
"
448
6—Resolution No. 277-73. Granting applications for Class
"C" Liquor Permits. ..................................................
"
448
6—Resolution No, 278-73. Directing the issuance of Class
"C" Liquor Permits . .................................................
"
448
6—Roy Sally Josephine, granted Cigarette Permit and
Class "C" Liquor Permit . .......................................447, 448
" 6—Reilly Michael C., appointed to the Playground &
„ Recreation Commission .............
20—Revenue Sharing Funds expended in the amount of
449
$162,652 .........................................................................
20—Resolution No. 279-73, Approving appointment of
451
tizens Transportation Committee." .........
"
462
I..........
20—Resolution No, 280-73. Approving Fixed -Price competi-
tion method for offering iand in the Downtown
Urban Renewal area. ........................
20—Resolution No. 281 -73. Granting Cigarette Permits....
462
464
20—Resolution No. 282.73. Granting applications for Class
"B"
and "C" Beer Permits . .............
" 20 --Resolution No. 283-73. Directing the issuance of Class
464
"B" and "C" Beer Permits . .............
20—Resolution No. 284-73- Granting applications for Class
"C"
164
Liquor Permits . ...............
20—Resolution No, 285.73. Directing the isst:ance of Class
"C"
465
„ Liquor Permits . ...................
20—Resolution No, 286-73. Confirminga.........................
465
members of Low -Rent HousinCompiss ointment on. ,... f
20—Randalls International, granted Class "C"
465
Beer Permit.
31—Resolution No. 287-73. Approving Bill of Sale of In-
464
terstate Power Company and accepting delivery
„ of Warranty Deed by the Interstate
to the City.
31—Resolution No. 288.73. Authorizing an extension of
time for the consummation of
468
sale of land with
Ecumenical Housing, Inc.
........................................470
Sept. 4—Resolution No. 289-73. Authorizing the City Manager
to cause the structure located at 300 East 7th
Street to be dismantled and the
edup premises clean-
.................................................
.
4—Resolution No. 290-73. Authorizing
477
the City Manager
to cause the structure located at 1785 Central
Avenue to be dismantled and the premises
cleaned up . ...........
4—Resolution No. 291-73. Authorizin...................................
to cause the structure located .. ... .
' ' .
.Ce
478
.
at 1781 1783nn-
tral Avenue to be dismantled
„ cleaned up and the premises
4—Resolution No. . ................................. ......................
292-73. Disp..osi..ng of twoeasements
480
on
Lot 2 of 1 of Randall's Subdivision No. 2 to
„ Runde's Custom Upholstery
Inc,
4—Resolution No. 293-73. Disposing Y of
Lot 2 1
481
of of 1 of
Block 5 of " Riverfro f
nt Subdivision to L. C. Riggs
and Associatesoc.
"
4—Resolution .............................................
3 Annexing a PProximately ] l
acres adjoining
i' the
482
e
northerly city limits as
requested b • erl F. et. al......
" 4 --Resolution No. 295-73
Authorizing the re- .a ....... .
real estate in Downtown
483
Urban Renewal Project
from Mary B. Chalmers
el
m , al„ and First National
Bank of Chicago & Williain
K. Stevens. .. ... .....
485
INDEX—BOOK 103
973 SUBJECT
Page
" 4—Resolution No. 296-73. Authorizing extension of time
for sale of land with R. Hampton and Company.
485
" 4—Resolution No. 297-73. Granting Cigarette Permit....
485
" 4—Resolution No. 298.73. Granting application for Class
..C" Beer Permit .........................................................
486
4 --Resolution No. 299.73. Directing the issuance of Class
,.C„ Beer Permit .........................................................
486
" 4—Resolution No. 300-73. Granting applications for Class
..C„ Liqquor Permits .....................................................
486
" 4—Resolution No. 301-73. Directing the issuance of Class
.,C" Liquor Permits . ................................................
487
" 13—Revenue Sharing Report from July 1, 1973 to June 30,
1974.... ...... ...................
.... ... . 489 490, 506
.. ...
.... ...........................
" 17—River Valley Inc., hearing to be held by Board ort
Supervisors to revoke the designation of said
Agency and designate the Board of Supervisors
as the public agency.................................................492, 524
" 17—Recreation Commission, proposal for the inclusion of
an indoor ice skating facility within the Five
FlagsCenter.................................................................
493
" 17—Resolution No. 302.73. Authorizing the City Manager
to cause building located at 470 East 14th Street
to be dismantled and the premises cleaned up,
(Bitzberger)...................................................................
496
" 17—Resolution No. 303-73. Authorizing the City Manager
to cause building located at 476 East 14th Street,
owned by James Norton, Ann Dillon et. al., to be
dismantled and the premises cleaned up. ........
497
" 17—Resolution No. 304-73. Authorizing the City Manager
to building
cause located at 480 East 14th Street
owned by Anne J. Dillon et, al., to be dismantled
and the premises cleaned up .................................
498
" 17—Resolution No. 305-73. Authorizing publication of not-
ice of sale of Project Notes (third series 1973)
and the receiving of proposals for the sale of
said note for the Downtown Urban Renewal Proj-
ect, Iowa R-15.............................................................499
17—Resoluiton No. 306-73. Defining the term "hotel" to
include motel, motor inn, motor hotel and motor
lode as a permitted land use in Urban Renewal
Project Iowa R-15 . ....................................................
500
" 17—Resolution leo. 307-73. Authorizing execution and de-
livery of deed to R. Hampton and Company, Inc.
for sale of land .........................................................
501
" 17—Resolution No. 308-73. Approving preliminary plans
and specifications for construction of Central
Business District Traffic Signal System Improve-
ment Project.............................................................
502
" 17—Resolution No. 309.73. Necessity for Improvement for
Central Business District Traffic Signal System
Improvement Project . ................................................502,
540
" 17—Resolution No. 310-73. Fixing date of hearing for Im-
provement of Central Business District Traffic
Signal System Improvement Project . ....................
502
" 17—Resolution No. 311-73. Ordering construction for Cen-
tral Business District Traffic Signal System Im-
provement Project . ....................................................
503
" 17—Resolution No. 312-73. Authorizing and directing the
Mayor to execute agreement No. 73-T-055 with
Iowa Highway Commission covering TOPICS
Project...........................................................................
503
" 17—Resolution No. 313.74. Granting applications for Class
..C„ Liquor Permits . ..................................................
504
" 17—Resolution No. 314-73. Directing the issuance of Class
.,C" Liquor Permits ...................................................
504
" 24—Reisen Ralph A., sidewalk bond .........................................
506
" 24—Renslow Dolly, Notice of Suit .........................................
507
INDEX—BOOK 103 _
1973 _—__
SUBJECT Page
24—Resolution No. 315-73. Authorizing the filing of appli-
cation for a Federal Grant under the Water Pol.
lution Control Act for the Solids Handling Facil-
ities...............................................................................
" 24—Resolution No. 316-73, Filing of Budget Estimate in
office of City Clerk and directing Clerk to pub-
lish notice of public hearing. •.....••.......••••.•.......••••
24—Resolution No. 317-73. Authorizing extension of time
for the consummation of the sale of land with
Ecumenical Housing, Inc . ........................................
24 ---Resolution No. 318-73. Granting Applications for Class
"B" and "C" Beer Permits . ........... ... ............ I.........
++ 24 ---Resolution No. 319-73. Directing the issuance of Class
"B" and "C" Beer Permits. ....................................
++ 24_ -.Resolution No. 320-73. Calling an.. election on the issu-
ance of $56,000 City Hall Bonds .............................
24—R. & S. Enterprises Inc., offer to purchase a portion of
Downtown Urban Renewal Project, Iowa R-15. ....
511, 526.
Oct. 1—Resolution is for the73. Citycofdule of Dubuqu173proposed assew-
:oncre e
Sidewalk Program . ....................................................
" 1—Resolution No. 322.73. Directing the City Clerk to re -
advertise for proposals for the construction of
1973 Sidewalk Program . ........................................
" i—Resolution No. 323-73, Granting Cigarette Permit to
JohnMihalakis...........................................................
" 1—Resolution No. 32473. Granting application for Class
"C" Liquor Permit .....................................................
]—Resolution No. 325-73. Directing the issuance of Class
„C+, Liquor Permit . ....................................................
" 8—Resolution No, 326.73. City Council concurring in ac-
tion taken by Board of Supervisors withdrawing
from River Valley Inc. as Dubuque County's
community action agency .........................................
8—Resolution No. 327-73, Approving plat of Lot A of 2
of 1 of 1 of 1 of "De Luxe Cottage Court." ........
8—Resolution No. 328-73. Granting revocable permit to
C. W. Enterprises Inc . ............................................
" 8—Resolution No. 32.9-73. Granting application for a Class
"B" Liquor Permit . ....................................................
8—Resolution No. 330-73. Directing the issuance of a
Class "B" Liquor Permit . ........................................
8—Resolution No. 331-73. Declaring intent to sell a por-
tion of Urban Renewal property to R & S Enter-
prises, Inc.....................................................................
" 8—Resolution No, 332-73. Acknowledging and recognizing
assistance rendered by the Citizens Advisory
Commission on the Bus referendum .....................
" 10—Resolution No. 333-73. Adopting and approving the
Budget Estimate of Expenditures from January
1 1974 to June 30 1975
509
510
510
511
511
512
590
520
520
520
521
521
524
524
525
525
526
526, 641
528
............ ... ..... I....................
" 15—Reis George Mrs., complaining of dogs runnin loose.
" 15—Ruess Bernard et. M., requesting installation o a stop
light at I.oras Boulevard and Alta Vista Street. 537,
533
535
599
" 15—Resolution No. 334.73. Authorizing the sale, issuance
and delivery of Project Notes in amount of
$1,738,000 and the execution of requisition Agree-
ment No. 3.73 Downtown Urban Renewal Proj-
ect, No. Iowa R-15 . ....................................................537, 538
" 15—Resolution No. 335.73. Awarding Contract for the
C. B. D. Traffic Signal System Improvement Proj-
ect, pursuant to Resolution No. 310-73. ...............
15 --Resolution No, 336.73. Final Estimate of construction
of Waterworks Improvement 1972 Feeder Main
Extension HUD -WS -Iowa 99, Contract 11, Section
2—West 32nd Street Section 3 -Park Hill, Section
4-Highway#20............................................................. 542
INDEX—BOOK 103
1973 SUBJECT
Page
" 15—Resolution No. 337-73, Accepting Improvement of the
aboveProject.............................................................
542
" 15—Resolution No. 338.73. Authorizing the Mayor to exe-
cute Amendment to Consent Order with Iowa
Pollution Control Commission .................................
543
" 15—Resolution No, 339.73. Granting Cigarette Permit to
DuaneC. Koeller. ....................................................
" 15—Resolution No. 340-73. Granting applications for Class
545
„C" Beer Permit .........................................................
545
" 15—Resolution No. 341-73, Directing the issuance of Class
"C„ Beer Permit ..... I ............ I .....................................
545
" 15—Resolution No, 342-73. Requesting the Highway Com-
mission to conduct a Study of the feasibility of
erecting and operating a Toll Bridge or Bridges
from
the City to the State of Wisconsin .............
546
" 22—River Valley CAP Inc., submitting documentation for
formal
action in their Grant request for the
present year as well as the proposed funding be-
ginning November 1, 1973 .......................................549,
572
" 22—Resolution No. 343-73. Declaring intent to sell a por-
tion of Downtown Urban Renewal land to In-
vestment Planning, Inc . ............................................
556
22—Resolution No. 34473. Approving plat of Blocks 4 and
5 in "Arbor Oaks." ....................................................
558
" 22—Resolution No. 345.73. Awarding Contract for the con-
struction of 1973 Concrete Sidewalk Program.
559
" 22—Resolution No. 348.73. Granting applications for Class
"B" and "C" liquor Permits .....................................
560
" 22—Resolution No. 347-73. Directing, the issuance of Class
"B" and "C" Liquor Permits .....................................
560
" 22 --Resolution No. 348-73. Approving acquisition of prop-
erty from the Estate of C. 0. Nesler.....................
561
" 24—Resolution No, 349.73. Granting application for Class
,.B„ Beer Permit, .... .................................... I ...............
564
" 24—Resolution No. 350-73. Directing issuance of Class
"B„ Beer Permit .........................................................
564
" 29—Resolution No. 351-73. Granting Cigarette Permit.
570
" 29—Resolution No. 35273. Granting applications for Class
"C" Beer Permits . ....................................................
570
" 29—Resolution No. 353-73. Directing the issuance of Class
"C„ Beer Permits . ....................................................
570
" 29—Resolution No. 35473. Granting applications for Class
"C„ Liquor Permits . ................................................
571
" 29—Resolution No, 355-73. Directing the issuance of Class
„C„ Liquor Permits . ...............................................
571
Nov. 5 --Raymond Francis P., requesting vacation of land that
is designated "crosswalk" off of Cherokee Drive,
to provide for construction of a garage. ..........574,
586
" 5—Reed Property consisting of 34 acres, City's option on
land to expire on December 31, 1973. ........574,
575, 629
" 5—Resolution No. 356-73. Accepting and approving the
Recreation andOpen Space Plan for re-estab-
lishing the City's eligibility for Land and Water
Conservation Fund programs . ................................
575
" 5—Resolution of Park Board urging the City to adopt the
Recreation and Open Space Plan . ........................
576
" 5—Resolution No. 357-73. Granting Cigarette Permit.....
577
" 5—Resolution No. 358-73. Granting applications for Class
"B" and Class "C Beer Permits . .............. I .............
577
" 5—Resolution No, 359.73. Directing the issuance of Class
"B" and Class "C Beer Permits......... I ...................
577
" 5—Resolution No. 36473. Granting applications for Class
"C" Liquor Permits. ................................................
578
" 5—Resolution No. 361-73. Directing the issuance of Class
„C„ Liquor Permits . ................................................
578
" 13—Rommel Roger, requesting issuance of a building per.
Restaurant on
mit to erect an A & W Drive -In
the southeast corner of Kennedy and Asbury
Roads...............I.............................................5%, U3,596,
597
INDEX--BOOK 103
_
CT J
973 SUBJE- --- - - — ._..
Page
" 19—Resolution No. 362-73. Authorizing the execution of a
Land for Private Redevelop
contract for Sale of
590
ment with R & S. Enterprises, Inc.........................
Estimate of City of Du-
" 19—Resolution No. 363.73. Final
Paving with Integral Curb
buque 1973 Concrete
591
Project on Grandview Avenue. ............................
" 19—Resolution No. 364-73. Accepting the City of Dubuque
1973 Concrete Paving with Integral Curb Project
592
No. l on Grandview Avenue. ................................
Approving plat of Lots 1.9 and
" 19—Resolution No. 365-73.
Lot 5A of West Bill Subdivision .............................
592
" 19—Resolution No. 366.73. Necessity for Improvement
594
of the City Ball. ........•••••........................................
" 19—Resolution No. 367-73. Granting Cigarette Permits.....
594
" 19—Resolution No, 368-73. Granting applications for Class
595
"C" Beer Permits..................................................
" 19—Resolution No, 369-73. Directing the issuance of Class
..C,. Beer Permits............................. I.......................
" 19—Resolution No. 370-73. Granting applications for Class
595
"C" Liquor Permits, .................•..................
" 19—Resolution No. 371-73. Directing the issuance of Class
595
..C" Liquor Permits........................................ I........
19—Resclution No. 372-73. Setting aside the first reading
595
of an ordinance to repeal the Zoning Ordinance,
which permits the location of cafes and restaur-
ants in Local Business "A" Business District. ....
5%
26—Ruegnitz Robert S.. Notice of Claim. ............................
599
" 26—Resolution No. 373-73, Final Estimate of the Con-
602
struction of Algona Sanitary Sewer. ...•.•.......•••••
" 26—Resolution No. 374-73. Accepting Construction of the
Algona Sanitary Sewer................ I... I............ ... I....
602
" 26—Resolution No. 375.73. Approving Easement Agree-
ment between Illinois Central Gulf Railroad and
City of Dubuque. ••.• •-•
603
" 26—Resolution No. 376-73. Approving Tentative Three
603
Year Street Construction Program .........................
" 26—Resolution No. 377-73. Fixing a date for hearing on
proposed Pollution Control Revenue Bonds (In.
terstate Power Company Project), Series 1973.
604
" 26—Resolution No. 378.73. Granting Cigarette Permit. ....
605
" 26—Resolution No. 379.73. Granting applications for Class
"C" Liquor Permits. ...........I.......... ........ ...
606
" 26—Resolution No. 380-73. Directing the issuance of Class
"C" Liquor Permits. ................................................
606
Dec. 3—Resolution No. 381-73 Authorizing the execution of
a contract for sale of land for private develop-
ment with Investment Planning Inc. ................
614
" 3—Resolution No. 382-73 Accepting deed from Executor
of Estate of C. 0. Nesler, deceased for City Lot
638............................................................................
615
" 3--Resolution No. 383-73. Final Estimate 1973 Asphalt
Paving Project No. 1 (except University) ............
616
" 3—Resolution No. 384-73 (Accepting improvement of
1973 Asphalt Paving Project No. 1 (except Uni-
versity)..........................................................................
617
" 3—Resolution No. 385-73 Granting Cigarette Permits.
618
" 3—Resolution No. 386-73 Granting Class "C" Beer Permit
applications..................................................................
618
" 3—Resolution No. 387-73 Directing issuance of Class "C"
Beer Licenses..............................................................
618
" 3—Resolution No. 388-73 Granting Beer-Liquor combina-
tion Licenses Applications. ....................................
618
" 3—Resolution No. 389.73 Directing issuance of Com-
bination Beer-Liquor Class "C" Licenses ........
619
" 14—Resolution No. 390-73 Authorizing the issuance of
$4,400,000 Pollution Control Revenue Bonds (in-
terstate Power Co.)....................................................
620
" 17—Reed property agreement for sale exercising option
629
INDEX—BOOK 103
1973
--- SUBJECT_--
Page
" 17—Rauch, Joseph et al (Bram.mer Store area) requesting
the area be retained as a type "A" Business
DistrictZone...............................................................
628
" 17—Resolution
No. 391-73 Exercising option to purchase
Marjorie Reed property as seller .............................
630
" 17—Resolution
No. 392-73 Schedule of Assessments City of
Dubuque 1973 Concrete Paving with integral
curb Project No. 1 (Grandview Ave.) ....................
631
" 17—Resolution
No, 393-73 Providing for the payment of
assessed cost of City of Dubuque 1973 Concrete
Paving with integral curb (Grandview Ave.) ..,.....
636
" 17—Resolution
No. 394-73 Approving schedule of proposed
assessments for E. 4th Street Extension Sanitary
638
Sewer............................................................................
638
" 17—Resolution
No. 39-73 Approval of preliminary plans,
specs. & contract for East 4th Street Extension
SanitarySewer............................................................
638
" 17—Resolution
No. 396-73 Necessity for Improvement for
E. 4th Street Extension sanitary sewer ................
638
" 17—Resolution No. 397-73 Setting date of hearing on Reso-
lution of Necessity for E. 4th Street Sanitary
Sewer............................................................................
639
" 17—Resolution
No. 398-73 Acknowledging the valuable as-
sistance rendered by the Citizens Committee for
City Hall Reconstruction ........................................
640
" 17—Resolution
No. 399.73 Authorizing the execution and
Delivery of Deed to Investment Planning Inc.
for sale of Urban Renewal land ............................
640
" 17—Resolution
No. 400-73 Authorizing the execution and
delivery of Deed to R & S Enterprises Inc. for
sale of Urban Renewal land .....................................
641
" 17—Resolution
No. 401-73 Authorizing the Execution and
Delivery of Deed to Ecumenical Housing Inc.
for sale of Urban Renewal land ........................
641
" 17—Resolution
No. 402-73 Accepting Delivery of Deeds
for Downtown Urban Renewal Project (William
K. Stevens, First National Bank of Chicago,
Margaret L. Madsen, William Bradley Lewis,
Geoffrey C. Bain Sr., Mary B. Chalmers Allan J.
Carew, Frank Hardie Adv. Inc., Iowa Oill Co.) ....
643
" 17—Resolution No. 403-73 Final Estimate of 1973 Asphalt
Paving Project No. 1 (University Ave.) ................
643
" 17—Resolution No. 404-73 Acceptingg Improvement of 1973
Asphalt Paving Project No. 1 and directing the
Clerk to publish notice . ............................................
644
" 17—Resolution
No. 405-73 Community's acceptance of the
Articles of Agreement with several communities
and County Board of Supervisors in Sub -State
District VIII ................................................................
644
" 17—Resolution
No, 406-73 Approving application as amend-
ed by United Parcel Service of Omaha, Nebr.
to purchase Lot 1 of Sub. of Lot 2 of 2 or 2 of
Lot 1 Block 5 River Front Sub. No. 3 ................
645
" 17—Resolution
No. 407-73 Granting cigarette permits ..
"C"
646
" 17—Resolution
No. 408.73 Granting Class "B" &
Beer Applications....................................................
646
" 17—Resolution
No. 409-73 Granting Class "B" & "C"
BeerLicenses.............................................................
646
" 17—Resowlution No, 410-73 Granting Class "C" Commer-
cial Beer & Liquor Applications ............................
647
" 17—Resolution
No. 411-73 Granting Class "C" Commercial
Beer & Liquor License ............................................
647
" 17—Resolution
No. 412-73 Expressing sadness at the pass-
ing of Walter F. Gilligan ........................................
650
INDEX—BOOK 103
1973 ------- — SUBJECT -- --
Page
S
2—Schilling James G., submitting resignation as Assistant
,Jan.
CitySolicitor............................................................
2 --Sisters of St. Francis, requesting rezoning of property
4
north of Davis Avenue from Single Fanuiy to
Multiple Residence District classification, to be
used for a child development care center. ........
..............9 10, 46,
48, 574
........................................................
?r—Savary Violet, requesting refund on Class "B" Beer
Permit No. 3086, and Cigarette Permit No. 260.
12
" 2—Sutter Thomas J. Mrs. et. al., favoring the renovation
ofthe City Hall . .......................................................
13. 74
" 2--Schlickman Douglas, granted Cigarette Permit. ........
29
" "tork Charles E., replace on Human Rights Commission
by William R. Donahue. ........................................
38
" 16—Schnee Tom Mrs., claim denied . ....................................
40
" 16—St, Joseph Mercy Hospital, dismissal of action against
City of Dubuque . ....................................................
40
" 22—Stampfer Bldg. Company, settlement of assessment
of real estate recommended by the City Assessor.
44
22—Strandberg Veronica Mrs., request to rezone property
at 24U3 Central Avenue from Mulitple Residence
to Business District approved .................................
50, 90
" 29—Solomon Charlotte, appointed to Advisory Commission,
replacing Robert L. Day . ........................................
55
29—Sanitary Sewer, Asbury Park Subdivision 1972, com-
pleted and accepted . ................................................
63, 64
Feb. 12 --Siegert. Eugene, requesting rezoning of property at
2615 Hillcrest Road from Single Family to Mul-
tiple classification.....................................................
80, 137
Mar. 6--Strect Finance R.epurt for Municipal Streets and
Parking for the year 1972 .........................................
126
" 6 --Sanitary Sewer, Asbury Park Subdivision — 1972,
Schedule of assessments ...........................................
127 129
" 6—Schumacher Earl E., granted Class "C" Beer Permit.
131
" 12—Steichen Margaret Mrs., ordered to dismantle build-
ing at 5'iu-582 Avon Street and clean up premises
134, 198
" 12—Sargent Timothy B. & Lula M., ordered to dismantle
building located at 446 East 14th Street and
clean up premises.....................................................
134, 199
" 12—Spiegel William, liability policy and sidewalk lwnd.
136
" 12—Scrub Raphael H., sidewalk bond . ................................
136
12 12—Spanish War Veterans, requesting permission to
conduct a tag day . ............... •
140
" 12 --Smith Leonard T. & Innocence Ann Smith, Option to
Purchase Agreement with City fur the testing
and analysis of their property for a City San-
itary Landfill Site . ............................................141,
"
142, 197
12r—Sorensen Mary Lou & George D., granted Class "C"
Beer & Liquor Permit. ...................... ......................
144
„ 19—Shetler Harry, requesting a refund on Cigarette Per-
mitNo, 187 . ..................................... ........
................ .
" 26—Sewage Disposal Works and Facilities Report for the
151
year1972 . .......................... ............
26—Steffen Loras et, al., requesting that the alley extend -
157
from Cherry Street to Pennsylvania Avenue
be closed
. ......................... ........
26—Schwartz Lawrence E. & Ethel M., granted Class "B"
164, 245
Beer Permit ...................................
.
April 2 --Smith F. N. Construction Inc., liability policy.
"
166
170
..... ..
2—Sears Roebuck & Company Subdivision, approval
plat of Lot 1 of Lot 1 of
. ............................................
" 23—Schwers Construction Co., sidewalk bond
182
. ................
" 23—Setter David F., appointed to Board of ZoningAd.
2Ll
justment, replacing Lester Streinz.
"
30—Sheriff of Dubuque County, identification.,..,, and to be.
229
held harmless arising out of negligent acts or
omissions of Special Deputies
................................
237
INDEX—BOOK 103
1973 _ SUBJECT Page
May 7--Schromen Kenneth, sidewalk bond . ................................ 244
7--benreiber (Anstrucuon Co., sidewailt bond ..................... 244
7—Schiesl dames J., Notice of Claim . ................................ 244
" 14—Scnmitz v incent Mrs., requebting continued bus service. 257
1"unset Park Suodivision, approval of plat of Block 5
and Lut B of Sunset Parx Subdiviaion No. 3......... 264
" 14—Sunset Park Subdivision No. 3, requesting rezoning
of Block 5 and Lot B from Single Family to
Multiple Residence classification . ........................265, 320
" 21 --Solomon Cnariotte, redppointed to the Advi,ory Com-
mission......................................................................... 277
29—Swift Plumbing & Heating Co., liability policy........... 285
June
4—Schuster Leo et, al., requesting enforcement of Dog
Ordinance, and urging continuance of a city bus
operation.......................................................................
299
"
"unday Beer -Liquor Sales endorsed by the City
Council.........................................................................303,
368
"
11—Smith Charlie, expressing interest in position on Hu-
man Rights Commission . ........................................
316
"
11 --Somers Walter B & Joyce H., ordered to dismantle
building and clean up premises located at 1648-
1650-1652 Washington Street . ................................318,
382
"
11—Sunset Park Subdivision No. 3, approval of plat of
Lots 1-8 inclusive, Block 5 . ....................................
319
"
I1 -unitary Sewer 8 inch on North Algona Street from
University Avenue to Loras Boulevard, prelim-
inary plans and specifications. 337, 338, 397, AM,
443, 602
"
11—Schollmeyer Paul W., granted Cigarette Permit. ..
339
"
11—Sutton Patricia Ann, granted Class "C" Beer Permit.
339
"
18—Schneller Mathias, granted Cigarette Permit . ............
351
"
18--Stampfer's Department Store, granted Cigarette Permit.
351
"
18—Scnueiler Rita Mrs., granted Cigarette Permit. ........
351
"
1"hanahan Francis J., granted Cigarette Permit. ........
351
"
18—Steffen John J., granted Cigarette Permit . ................351
519
"
18 --- Wikas Bessie, granted Cigarette Permit . ....................
351
"
18—Sfikas Pete, granted Cigarette Permit . ........................
351
"
18—Shike Richardson Inc., granted Cigarette Permit.........
351
"
18--Siefker Jack, granted Cigarette Permit . ............. I......
351
"
18—Sorensen George & Mary Lou, granted Cigarette Permit.
351
"
18—Schumacher Earl, granted Cigarette Permit. ........
351
"
18 --Schwind Frank, granted Cigarette Permit .....................
351
"
18—Sewage Treatment Plant, setting up a pilot plant
known "Unox" help
as to determine what pro-
be Phase 11
cess should used in construction. 353,
377, 378
25—Spensley Alan, appointed to the Advisory Commission.
356
25—Schiel Margaret V., Notice of Claim ...........................
360
"
25—Sutter Joseph, granted Cigarette Permit . ....................
366
"
25—,Spielman Charles J., granted Cigarette Permit. ........
366
"
25—Sears Roebuck & Company, granted Cigarette Permit.
366
"
25—Sand Donald, granted Cigarette Permit .........................
366
"
25—Savary John L., granted Cigarette Permit . ................
366
"
25—Spiegelhalter Melvin A., granted Cigarette Permit.....
366
"
2"chwartz Lawrence & Ethel, granted Cigarette Permit.
366
"
26—Sutton Patricia A., granted Cigarette Permit. ............
366
"
25—.Schlickman Douglas, granted Cigarette Permit. ........
366
"
25—Schmitz David, granted Cigarette Permit .....................
366
"
25—Sand Donald T., granted Class "C" Liquor Permit.....
367
"
25—Schollmeyer Paul, granted Class "C" Liquor Permit.
.... 367
"
25—Spiegelhalter Melvin A., granted Class "C' Liquor Per-
mit.................................................................................
367
"
25—Savary John L., granted Class "C" Liquor Permit.....
367
"
29—Sfikas Pete, granted Sunday Sales Permit . ................
374
July
2 --Schwartz Frank J., appointed to the Board of Heating,
"
Ventilation, Air Conditioning and Refrigeration.
377
2—Swift Adrian C., appointed to the Board of Heating,
"
Ventilation, Air Conditioning and Refrigeration.
Bachlorettes 4-H Club,
377
2—Swiss Valley requesting per-
mission to sell stationery from door to door.
381
INDEX --BOOK 103
--Subject
442
solicit magazine .....:.....................
" "fikas Pete S., granted Class "C" Liquor Permit .........
Page
1973
504
" 2 --Storm Sewer Improvement Program 1973 for the
384,
444. 446
City fu Dubuque . ....................................383,
" 7r George Mrs., granted Cigarette Permit. ......
3&5
-,Scherer
" 2—Stecklein Richard N. & Melvin D. McSperrin, granted
386
Cigarette Permit..................................................ortage.. ge
9—Sutton John W., relative to the manpower sh
453
on the Poli ce Department . ................•.•••• ............•••
388
" 13 --St. Elias The Prophet Greek Orthodox Church, grant-
473
ed Class "B" Beer Sunday Sales Permit . ..............
404, 5.56
" 16 --Schulte Construction Co., requesting permission to
409
excavate in city streets .............................................
420
" 30—Strand Violet E., settlement of claim ............................
5:37
" 30 ---St. Marys Place, Lot 2 of 1 of 3, request for rezon-
550
ing of property to Multiple District classifica-
.................................................................... ..
tion... 424,
507, 508
" 30—Solomon Chester, appointed to the Transit Authority...
433
" 30—Schiel Judith A., granted Cigarette Permit . ................
432
A 6 Anthony Messenger, requesting permission to
571
subscripts . ..........
442
solicit magazine .....:.....................
" "fikas Pete S., granted Class "C" Liquor Permit .........
448
" 6Schmitt Joseph R., appointed to the Citizens Transpor-
504
tation Committee . ......................................................449,
462
" 20Schromen Ken, liability policy.........................................451
—
Oct. 1—Sidewalk Program for 1973, recommendation of the
" 20Schulte Robert J., liability policy . ..................................
—
451
" 20—Shaffert L. G., Claim dented .............................................
453
" 20 --Sister Kenny Institute, requesting permission to con•
erect a sign on Industrial Island . .......................... 523, 551
duct a fund drive .......................................................461,
473
" 20—Scherer Emma Margaret, granted Class "B" Beer Per-
524
mit.................................................................................
464
" 20 ---Schmitz David C., granted Class "C" Liquor Permit. ..
465
Sept. 4--Sertoma Club of Dubuque, requesting proclamation
5:37
of Child Protection Week, and requesting per-
550
mission to conduct their annual Light Bulb
sale.................................................................................477,
517
" 17—Sommer Lawrence, relative to historic preservation
ofbuildings.................................................................
492
" 17—Slattery Robyn, reappointed to the Youth Services
571
Bureau...........................................................................
492
" 17—Streinz Jan Mrs., reappointed to the Youth Services
588
Bureau..........................................................................
492
" 17—Schlueter Marie Mrs., Notice of Claim . ........................494,
549
" 17—Senior High School, requesting permission to con-
duct a Homecoming Parade . ...........................
495
" 17—Sfikas Bessie, granted Class "C" Liquor Permit. ........
504
" 24—St. Joseph's Catholic Church, requesting that parking
on Theisen Street be limited to one side only. .. 508, 553
Oct. 1—Sidewalk Program for 1973, recommendation of the
City Engineer that bids be retaken.................519, 520,
559
" 8—St. Regis Paper Company, requesting permission to
erect a sign on Industrial Island . .......................... 523, 551
" 8 --Smith Dorothy Mrs., objecting to the phasing out of
RiverValley Cap . ......................................................
524
" 15—Swenson Jack W. et. al., requesting removal of "No
Parking" signs on east side of Hawthorne
Street.............................................................................
5:37
" 22—Simmons Dortha K., settlement of suit ........................
550
.
" 22--Schurbon Richard A., granted Class "C" Liquor Per-
mit. ...................................... .........................................
" 29 --Scott Stephen, addressed the Council relative to the
560
use of Petrakis Park for A Dubuque Baseball
team.................................................................
" 29—Spielman Charles J., granted Class "C" Liquor Per-
569
mit.................................................................... ... . .........
571
Nov. 5--Schurbon Richard A., granted Cigarette Permit.
577
. ....
" 19—Shireman Bernard J., Notice of Claim ...........................
588
" 19--Strohmeyer Robert L. et. al, requesting that parking
on Kaufmann Avenue, bi tween Carter and Ever-
green be limited to one side of street only.........
589
INDEX—BOOK 103
1973 SUBJECT Page
19—Schiltz L. J., approval of plat of Lot 5A of West Hill
Subdivision................................................................... 592
19 Smith Lowrie E., granted Cigarette Permit and Class
.,C„ Liquor Permit . ....................................................594. 595
26—Sawvell Margaret J., Notice of Claim ............................. 599
26 --Street Construction Program for three years submitted
by the City Manager . ................................................ 603
26 --Schreiber F. J., submitting resignation as a member
of the Dock Commission ........................................... 606
Dec. 17--Skzhill, granted cigarette license ..................................... 646
17—Sullivan & Delaney, granted cigarette and Class C
Commercial beer -liquor licenses . ..........................646, 647
INDEX -BOOK 103
SUBJECT --- _Page
11
Jan. 2—Telegraph Herald, appointed official newspaper for
City Dubuque
5
the of .................................................
" 2—Tegeler Earl John, granted Cigarette and Class "C"
BeerPermits...............................................................
" 8—Teleprompter Cable Communications Corporation, ad-
29
vising of the filing of applications for renewal
of license of business Radio Station KUX 87, and
to add the signals of Station WSNS, Channel 44
Chicago........................................................................
33, 44
" 8—Task Force Chairman, Assistant City Manager Paul
Fischer, requesting a thirty day extension of
time for submission of report on Police Depart-
mentHandbook..........................................................
33, 78
" 8—Terry Agnes, Settlement of Suit . ....................................
35
" 16—Thermolyne Corporation, approval of Option Agree-
ment with the City of Dubuque for Lot I of
Block 12, Block 13, and Lot 1 of Block 14 in
"River Front Subdivision No. 3" . ..........................
43, 81
" 16—Thoms Councilman, requesting that the City Planner
and City Solicitor prepare a resolution urging
adoption of the 1972 Highway Act,. ........................
43
" 22—Timmerman Pete, Notice of Claim . ................................
50, 158
" 22—Thompson's Food Markets, Inc., granted Class "C"
Beer Permits ................. 53, 75, 197, 254, 367, 577, 590, 629
" 29—Tomer Investment Inc., requesting rezoning of an area
south of Table Mound School from Multiple Res-
idence to Business "B" classification . ..............62, 163, 234
" 29—Toom Donald, addressed Council relative to reap-
praisal of property.....................................................
66
Feb. 19—TOPICS Project, Location and Design Approval, inter-
sections of 10th Street and Bluff, and at Uni-
versity Avenue, Mayor authorized to execute
agreement with the Iowa Highway Commis-
sion.................................................................99, 100, 239, 244
" 26—Takos Peter J. Jr., granted Cigarette and Class "C"
Beer & Liquor Permits . ...................................116, 495, 509
Mar. 12 --Tri-State Paving Co., liability policy . ............................
135
April 2—Thermolyne Corporation, offering use of their lot to
the Recreation Department and requesting a
meeting relative to lighting, liability etc .............
170
" 2—Thermolyne Corporation proposing to prepare and
maintain the newly optioned acreage to the
south of their property as to grade, sodding
etc.................................................................................
170
" 2 --Tower Drive, formerly a driveway to Table Mound
School, named by Ordinance No. 21-73 .................
173, 246
" 2—"Thomas Farm Addition, Block 8, approval of plat. ..
181
May 7—Time Finance Corporation, completion of improve-
ments in the Downtown Urban Renewal Project
Iowa R-15 area ............................................
250
" 7—Thompson's Food Markets Inc., granted Class "C"
Beer Permit . .................... ..............................254,
629
14—Thome David, commending the Councilmen who op-
pose "X" rated movies . ............................................
257
21—TRAFFIC SIGNAL PROJECT 1972, Asbury Road at
Carter Road, John
F. Kennedy Road at Penn.
Sylvania Avenue, completed and accepted.
"
279
..
29—Tri-State Independent Blind Society, requesting a
peddlers license to raise funds for their organ=.
tion............................................................................292,
" 29—TOPICS Project No. T-735-7(4)46-31, Traffic Signal
378
Improvement on Bluff Street, White Tenth
Street, Twelfth Street and Fourteenth Street.
........ 292,
June 4—Tri-Centennial celebration and reenactment of Jolliet,
323, 324
Marquette expedition . ................................................
299
INDEX—BOOK 103
1973 SUBJECT
11—Tschiggfrie Excavating, liability policy & Workmen's
compensation policy ......................................
11—Team Electronics, creating a drainage problem in
neighborhood caused by their driveway into a
residential area at Gordon and Theda Drives....
" 11—Tressel Allen C., granted Cigarette Permit ...................
11—Tigges Doris J., granted Cigarette Permit . ....................
11—Trapp Marital granted Cigarette Permit .........................
18—Tri-State Paving Company, sidewalk bond . ....................
18 --Ten Pin Tap, requesting permission to erect a mar-
quee at 601 Rhomberg Avenue . ..............................
18—Tschiggfrie Raymond, granted Cigarette Permit. ...
25—Tuthill Loras Mrs., objecting to the enforcement of
the present dog ordinance . ......................................
25 ---Thirty Second Street, curb cut granted at Flexsteel
Company parking lot . ................................................
2.5—Trausch Baking Company, granted Cigarette Permit...
25---Thompson's Food Markets, Inc., granted five Ciga-
rettePermits.......................................................:s66,
July 2—Tegeler Earl, granted Cigarette Permit . ........................
9—Town Clock Plaza, Phase II, Section 11, Electrical com-
pleted and accepted ...................................................
16—Teleprompter TV Cable Co., relative to a downed TV
tower in Rockford, Illinois . ....................................
30 ---Transit Authority for the City of Dubuque, consisting
of Doris Riekena, Chester Solomon and George
E. Deininger. ...............................................................
Aug. 6—Trilk Richard Mrs., Notice of Claim ...............................
6—Takos Peter J., granted Cigarette Permit .....................
6—Town Clock Inn Inc., granted Class "C" Liquor Per-
mit
Page
317
323
339
339, 443
339
342
348
351
357
357
366
590, 629
385
399
406
433, 530
438, 550
447
......................................................... I.......................
6—Thompson Alex, appointed to the Citizens Transpor-
tation Committee . ......................................................449,
20—Tschiggfrie Excavating, requesting permission to ex-
cavate at 2110-14 Kniest Street . ............................
20—Tigges Doris, requesting refund on Class "C" Liquor
Permit No. 4309.........................................................
Sept. 4—Thoms Councilman, requesting a meeting with the
Board of Supervisors with the idea of holding
monthly meetings, also requesting a series of
meetings be held to study City Hall Renova-
tion................................................................................. 487,
17—Taxi Cab, A -OK Yellow Cab Co., requesting a rate
increase.........................................................................
" 17—Traffic Signal Project for the Central Business Dis-
trict from 1st Street to 14th Street, and from
Bluff Street to White Street (TOPICS Agreement
No. 73-T-055) . ......................................501, 502, 503, 540,
24—Telegraph Herald & William Woodward, Notice of
petition for writ of mandamus vs City of Du-
buque, Robert. J. O'Brien and John Fangmann.....
Oct. 1—Toom Donald, expressing desire to deal in Urban
Renewal property.......................................................
8—Topeka Inn Management Inc., granted Class "B" Liq-
quorPermit.................................................................
" 10—Transit Trustee Board. reminding the Council of their
budget needs.......................................530, 533, 544, 584,
15—Timpe Ronald V., Notice of Claim . ...............................
Nov. 5 --Town Clock Inn, granted Class "C" Liquor Permit, .... 578,
Dec. 3—Thoms Allan T. Councilman, that Councilman Just-
mann's letter getting in contact with Wm. Brah-
ham, Iowa Conservation Commission relative to
Area "C" as a possible State Park be referred
to Park Board and Industrial Bureau ...................
3—Tegeler, Milk House, granted Class C Beer license.....
17—Turner Linda, requesting permission to address the
Council as to rectifying the present process
against minorities.....................................................
448
462
461
462
490
495
541
507
5'22
525
598
537
606
607
618
628
INDEX -BOOK 103
-- SUBJECT sage
1973
.Jan. 2-U. S. Army Corps of Engineers, submitting completion
of Phase I of Mississippi River -Illinois Waterway 7 lU2
12' Channel Study . ..............................................
22 -Urban Renewal Project, Iowa R-15, Certificate of Com-
pletion for Graham's Style Store for Men Inc. . 51
Feb. 6 -URBAN RENEWAL PROJECT, IOWA R-15, §ale of
Parcel 9 of Block 8 to Ecumenical Housing, Inc.
........ 70, 71, 250, 470, 510, 641
19 -URBAN RENEWAL PROJECT, IOWA R-15, sale of
Parcel 3 and part of Parcel 1 of Block 1 to the
Canfield Hotel Inc . .................................................... 97, 360
19 -University Avenue, TOPICS project for widening Uni
versity Avenue from Loras Boulevard to Gilliam
Street ........................................... 100. 227. 228, 29,244, 336
" 26-U, S. 561 Freeway Corridor location and City L,land
Mississippi River Bridge, Mayor authorized to
execute pre -Design Agreement . .............................. 110, 239
Mar. 19 -URBAN RENEWAL PROTECT, IOWA R-15, authoriz-
ing sale of project notes (First Series 1973) in
amount of $1,715,000 ................................................. 142
19 -URBAN RENEWAL PROJECT, IOWA R-15 approving
fixed-price competition method for offering cer-
tain land for redevelopment by private develop-
ers................................................................. 153, 154. 252, 462
" 19 -URBAN RENEWAL PROJECT, IOWA R-15, invitations
for the purchase of property located on Fifth
Street between Iowa Street and Central Avenue,
Parcel No. 1-A and No. 4-2 ...............................154, 240, 294
26 -United States Department of Housing & Urban De-
velopment, Section 701 of Housing Act of 1954,
City Manager authorized to sign all necessary
documents..................................................................... 165
April 19 -URBAN RENEWAL PROJECT, IOWA R-15, Sale of
project notes in amount of $1,741,000 ................... 204
May 7 -URBAN RENEWAL: PROJECT, IOWA R-15, two con-
tracts with Barton Aschman Associates, Inc. for
the design construction phase of Town Clock
Plaza............................................................................. 24 S i
7 -Urban Renewal Project, Iowa R-15, Certificate of Com-
pletion for Time Finance Corporation . ................ 250
" 7 -URBAN RENEWAL PROJECT, IOWA R-15, invita.
tions for the purchase of property located on
Central Avenue and Iowa Street, described as
South 114 feet of Parcel 2-6.....253. 294, 301, 302, 400, 411
14-Utzig Arnold Mrs., urging the continuance of bus
service........................................................................... 257
June 4 -URBAN RENEWAL PROJECT, IOWA R-15, proposal
from R. Bampton & Co. Inc., for the purchase of
Parcel 4-2 in the Downtown Urban Renewal
area . ............................................2,99, 364, 436, 485, 500, 501
" 11 -Urban Renewal Director submitting a "Five Flags
Sculpture" competition to secure a suitable
piece of sculpture for the Downtown Urban
RenewalArea . ......................................................329, 330, 573
18 -Union Carbide Company, relative to setting up a plant
known as "Unox" to determine process used in
Phase Il construction of the Sewage Plant. ... 353
" 25 -Urban Renewal Director. submitting a copy of Bi-
centennial Community application for Five Flags
Center. 358
25 -United States District Court, Dubuque, Iowa, closed
on June 29, 1973, and the Deputy Clerk of Court
shall be transferred to Headquarters Office at
Cedar Rapids, Iowa. 361
25 -Urban Renewal Project, Iowa R-15, demolition work
by C. 11. Langman & Son completed and ac-
cepted. ..................................... 362
1973
July
Aug.
Sept.
Oct
INDEX—BOOK 103
J -- - SUBJECT — - - -- Page
25—Urban Renewal Project, Iowa R-15, sale of parcel of
land to Dubuque County for public redevelop-
ment........................................................
.......................
25—University of Dubuque, granted Cigarette Permit. ..
9—URBAN RENEWAL PROJECT, IOWA R-15, Town
Clock Plaza, Phase II, Section 11, Electrical com-
pletedand accepted . ..................................................
30—Urban Renewal Director, relative to a progress report
on the Five Flags Center Project .........................
30—Urban Renewal Project Area, vacation of certain
portions of streets and alleys . ................................428,
30—Urban Renewal Project Area, subdividing and dedicat-
ing certain lots in the Downtown Urban Re-
newal Project area.....................................................430,
30—Urban Renewal Project Iowa R-15, approving plat of
Block 14 of Downtown Plaza . ................................
30—U. S. Corps of Engineers, relative to the acceptance
of the completed Stage H portion of the Mis-
sissippi River Flood Protection project . ..............
6—United Parcel Service, application for purchase of a
parcel of land in the Industrial Park...................435,
20—Unification Church, requesting permission to solicit
funds.............................................................................
20—Urban Renewal Project Iowa R-15, invitations for
proposals for the purchase of property located
at the southwest corner of 9th & Iowa Streets,
parcelNo. 74 .............................................................463,
4—Urban Renewal Project, Iowa R-15, purchase of Parcel
8-3 from Mary B. Chalmers el. al., and 8.4A from
First National Bank of Chicago and William K.
Stevens.........................................................................
17—Urban Renewal Project, 1pwa R-15, authorizing the
sale of Project Notes (Third Series 1973) in
amount of $1,738,000 . ........................................499, 537,
24—Urban Renewal Project, Iowa R-15, declaring intent of
selling a parcel of land to R. & S. Enterprises
Inc.................................................................511, 526, 590,
1—University of Dubuque, requesting permission to have
a fireworks display at their Homecoming foot-
ballgame.........................................................................
8—U. S. Marine Corps League, requesting proclamation
of "U. S. Marine Band Day in Dubuque" ....... I....
8 --Urban Renewal Director, advising Council that there
is no conflict of interest concerning Mrs. Doris
Riekena, member of Transit Board and owner of
stock in R. & S. Enterprises . ..................................
" 22—Urban Renewal Project, Iowa R-15, declaring intent
of selling Block 8, Parcel 7-4 to Investment Plan-
ningInc.........................................................................
Dec. 17—Urban Renewal Project Iowa R-15 accepting delivery
of deeds for the Downtown Urban Renewal proj-
ect.................................................................................
363
366
399
417
429
431
431
434
645
461
511
485
538
641
519
523
526
556, 640
642
INDEX—BOOK 103
1973 SUBJECT
_
Page
V
Jan. 8—VanVors Charlene, Notice of Claim . ................................
" 8 --Vernon Robert G. Dr., replaced on Human Rights
36
Commission by Dean Miller .............. ....................
38
Feb. 6—V, F. W. Post No. 9663, requesting permission to con-
duct a Poppy Day sales .............................................
74
Mar. 26—Voting Precinct Thirteen, established for recently
annexed territory south of Valentine Drive, con-
sisting of 0.763 acres (Henschel) . ..........................
161
April 16—Van Duelman Carl, granted Class "C" Beer Permit.....
219
ecom-
23 --Valentine Drive, installation of a street light recom-
mended.........................................................................
mended
222
" 30—Vandalism of Public Property, City Solicitor directed
to take necessary action to recover costs of
damages incutTed by acts of vandalism. ...........
236
June 18—Villines Evelyn Mrs., requesting permission to address
the Council concerning Employment of the Hand-
icapped.........................................................................
347, 356
" 18—Vincent Brian, granted Cigarette Permit . ....................
351
" 18—Van Duelman Carl, granted Cigarette Permit .............
351
Aug. 6—Vernon Robert Dr., appointed to the Citizens Trans-
portation Committee . ................................................449,
462
" 20—Vyverberg Roy et. al., requesting a street light at
929 Indian Ridge . ........................................................
461, 474
Sept. 17—Veterans of World War 1, requesting permission to
use Washington Park on November 11 .................
495
Dec. 17—Vogt Robert, notice of personal injury claim ..............
625
INDEX-BOOK 103
1973
SUBJECT
Page
W
Jan.
2—Wallis J. Allen Jr., request for elimination of ease-
ment in Lots 9 and 10 in Clinque Inc. No. 2
Addition, approved...................................................
28
"
8—Waste Water Treatment Facility, granted an increase
of $332,454.00 by the Iowa Water Pollution Con-
trol Commission...........................................33 192,
542, 543
16—Water Works Employees Union, requesting pern ssion
to meet with Council concerning eight issues that
have not been resolved.......................................
80, 103
"
ocat38,
22•--Wullweber's Subdivision, rezoning of property led
at 2403 Central Avenue from Multiple to Bus-
iness District recommended by Planning & Zon-
ingCommission...........................................................
50, 90
Feb.
6—Wittman Robert D., Notice of Claim. ..............................
74, 79
"
19—Weitz A. L. urging preservation and utilization of
theCity Hall...............................................................
88
"
26--Water Department, annual report for the year 1972...
104
"
26—Welter William et, al., supporting proposed plans for
a Hospital Medical Section to apply to all three
Mar.
hospitals.......................................................................
6—White William John, Class "C"
105
"
granted Beer Permit...
12—Winall James W., ordered to dismantle buildings at
181
544-560 Avon Street and clean up the prem-
ises.........................................................................133,
201, 202
"
26—Wedig Kathleen L., granted Class "C" Liquor Li-
cense.............................................................................
167
April2—Wick Rosemarie J., Settlement of Suit .............................
171
"
2—West Side Realty for P. D. Johansen requesting re-
zoning from Single Family to Multiple Residence
cla..sificaaon, Lots 2, 3, 4 and 5 of Block 1 of
P. D. Johansen Sub. ..................................................174,
277
"
2—Wayne Motor Sales, amendment of lease to correct
misdescription of property in Sears-Roebuck &
..................... .................
Co. Subdivision No. 2..... ...
183
"
2—Will-Co. Inc., granted Cigarette & Class "C" Beer
Permits.........................................................................
187, 188
"
16—Wolff C. D., requesting rezoning of Lot 2 of McMahon
from
Place Single to Two Family classifica-
tion. .. ... .. .... ... ... ...
196
"
16—Worm Richard, extending invitation to attend two
films called "Waste Away" and "The Great All
American Trash Can" ...............................................
197, 244
"
16—Wood'sAddition approval of plat of Lot SBA and
19.96 feet of Lot 87A.................................................
202
"
23—Welter John P. & Sons, sidewalk bond.........................
222
May
7—Walgreen Company, granted Class "C" Beer Permit.....
254
"
14—Weber Eldon J., Notice of Claim.....................................258,
475
"
29—White Shrine Club, requesting permission to conduct
abake sale...................................................................
292
June
4—Weiner, Helen, granted Class "C" Liquor Permit.........
314
11—Wieland Evelyn C., Notice of Claim by Insurance
Company of North America, as representative
of Hartig Drug Company.........................................319
343
"
11—Welsh Paul, Notice of Claim.............................................319,
453
"
11—Walgreen Company, granted Cigarette Permit.............
339
11—Weiner Helen, granted Cigarette Permit.......................
339
'
er-
11—Westerfield Martin C., granted two Cigarette Per-
mits...............................................................................
mits
339
"
11—Wunder Eileen, granted Cigarette and Class "C" Liq-
uorPermit...................................................................339,
340
"
11—Welsh Enterprises Inc., granted Cigarette and Class
"C" Beer Permit.........................................................
339
"
11—Wareco Systems of Iowa, granted Cigarette Permit...
339
"
11—Wallace Colleen M., granted Class "C" Liquor Permit
& Cigarette Permit .....................................................340,
351
"
18—Woolworth's Department Store, granted Cigarette
Permit...........................................................................
351
INDEX—BOOK 103
1973
SUBJECT
Page
"
18—Willenborg Barney, granted Class "C" Liquor Per-
mit. .................. ..........................................................................
352
"
25—Wilkinson Marilyn Mrs., appointed to the Youth Serv-
icesBureau.................................................................
356
"
25—Wahlert R. C., compliant concerning a high speed
police pursuit chase . ................................................
358
"
25 --Wagner Peter B., Notice of Claim ...................................
360
"
25—Whalen Lyle, granted Cigarette Permit . ........................366,
629
"
25—White Wm. J„ granted Cigarette Permit .......................
366
"
25—Wedig Kathleen, granted Cigarette Permit ...................
366
"
25—Will-Co., Inc., granted Cigarette Permit . ........................
366
July
2—Willenborg Bernard, granted Cigare,te Permit .............
385
"
2—Wertz Donald E., granted Cigarette Permit . ................
386
"
2—Winkler Beatrice, granted Cigarette Permit . ................
386
"
2—Wong Chuck N., granted Cigarette Permit . ..................
386
Aug.
6 --Wright Tree Service requesting permission to do
underground t.renc6g
"
. ................................................44'2,
6—Womens Recreation Association, granted Class "B"
451
BeerPermit . ....................................... ............448,
496
"
6—Wahlert David, appointed to the Citizens Transporta-
tionCommittee...........................................................449,
462
Sept.
13—Welsh Clem, reappointed to the Airport Zoning Com-
"
"
mission............ . ...... ........................................................
17—Wright Tree Service Inc., liability policy .....................
490
493
17—Walsh Stores, relative to City Hall and possible use
"
of Leath Building.......................................................
493
24—Wahlert High School, requesting permission to conduct
"
a homecoming Parade .......................................
508
.
24—Waste Water Treatment Plant, the City Manager is
authorized to execute a Grant application for the
Oct.
Solids Handling Facilities . ........................509, 535, 542, 543
8—Weiderholt Floyd Mrs., name submitted to fill vacancy
"
on Library Board . ................................
523
15—Westchester Subdivision, installation of 11 street
"
15—WATERWORKS IMPROVEMENT 1972 FEEDER MAIN
536
EXTENSION, HUD -WS -IOWA -99, Contract h,
Section 2, West 32nd Street; Section 3, Park
Hill; and Section 4, Highway #E20, completed
"
and accepted. ........... .........................541, 542
22—White Shrine, requesting s
q g Permission to sell fruit
„
cakes, ............................................................................
22—Weidenbacher Eldon el, al., objecting to the pro-
posed A & W Drive -In Kennedy
555
on and Asbury
Roads.
Nov.
"
.........................................................................555, 583
5—Warehouse Market, granted Class "C" Beer Permit. .. 577
19—Walsh Stores,
recommending that parking meters ad-
jacent to busy shopping
"
areas should be more
n one hour
.................................
. ......
19—West Hill Subdivision,
586
.
Dec.
approval
17—Wertz Donald E., C beer A......
granteClass license 646,
647
INDEX—BOOK 103
1973 SUBJECT Page
X
Feb. 26—Xavier Hospital property rezoned to Hospital Medical
District classification . ................................................ 108
May 7—X -Rated Films, objections to the showing of X-rated
movies at the Orpheum Theatre . .......................... 243
Dec. 3—Xavier Hospital requesting Council to considerpriority
under the Topics program to include Sheridan
Road, Peru Road to Central Ave. and viaduct
at32nd Street............................................................. 613
INDEX—BOOK 103
1973 SUBJECT Page
Y
Feb. 26—Youth Services Bureau, City Manager authorized to
sign all documents, make application and pro-
vide the local shade of funding from July 1,
1973 to June 30, 1974 . .............................................. 110
April 16—YM•Y%VCA Community Center, submitting a proposed
agenda for YOUTH in Government Days for
April 23, 24 and 25, 1973 ......................................... 192
May 21—Y. W. C. A_, endorsing the continuance of the bus
system.......................................................................... 277
VA
Jan. 2—Zimmerman David E., requesting refund on Cigarette
PermitNo. 259........................................................... 12
April 2—Zwack Joseph P., appointed Assistant City Attorney... 187
June 25—Zayre Snack Bar, granted Cigarette Permit . ................ 366
Aug. 6—Zubpr Helen C., Notice of Claim . ....................................437, 56.9
Oct. 8—Zmudka Frank L., Settlement of Suit ............................ 522
22—Zurcher John, requesting vacation of alley at end of
Marquette Place . ........................................................555. 586
Nov. 19—Zumhof Gene P., Notice of Claim . ..................................588, 624
Regular Session, January 1, 1973 1
CITY COUNCIL i
OFFICIAL
Regular Session, January 1, 1973.
No members of the City Council
being present the meeting was ad-
journed subject to call.
I" F. Frommelt
City Clerk
.....April 2, 1976
Approved April 23, 1973
Adopted April 23, 1973
Adjourned Regular Session January 2, 1973
CITY COUNCIL
OFFICIAL
Adjourned Regular Session, Jan.
uary 2, 1973.
Council met at 7:30 PM. (C.S.T.)
Present — Mayor Moldenhauer,
Councilmen Bitter, Justmann, Pro.
filer, Thoms. City Manager Gil-
bert D. Chavenelle.
Mayor Moldenhauer read the
call and stated that this is an AD-
JOLJRNED MEETING OF T H E
REGULAR MEETING OF JAN-
ARY 1, 1973 called for the purpose
of acting upon such business as
may properly come before t he
meeting.
Weekly Mayor's Report,
December 31, 1972
In addition to the other vacancies
that I have reported to you on
various Boards and Commissions,
I have been advised that Miss
Jan Lynch is leaving the Youth
Services Board of Directors and
we will need to appoint it replace-
ment for her. She was a student
from Wahlert High School.
The Five Flags Executive Com-
mittee has advised me that they
will be interviewing architects for
the Five Flags Civic Center and
Orpheum renovation. Three local
firms on January 8 and three out-
of-town firms on January 15.
We have a work session sched-
uled for Thursday evening to take
up the matter of the new zoning
ordinance and get us back active
on that subject.
As I stated in my comments on
being elected mayor of the City
of Dubuque, our fair city is made
up of many wonderful people. It
is a great place to live, with many
things to offer to all of us. I
consider it a very great privilege
and honor to have served as mayor
of the city of Dubuque.
We have worked on many diffi.
cult and complex issues this last
year and we have many items
of unfinished business which I hope
will be able to be brought to a
conclusion in the year 1973. We
have spent a great deal of time
on the new zoning ordinance and
I hope we will be able to bring
it together in a final draft that
we will be able to take action
upon. The expressway -freeway is-
sue will continue to he before n,
and I hope that we will be able
to resolve all of the difficulties
that are currently before us.
I am very pleased that we have
taken a more aggressive role in
policy making for the city and
I consider this to be one of our
positive accomplishments in the
past year. I hope that we will
be able, in 1973, to arrive at a
policy on the direction in which
city government should go in the
matter of housing city government
and I certainly hope that we will
be able to bring together a package
on renovating City Hall that N%( -
can
ecan present to the electorate.
1 think it important that we ar
rive at an annexation policy for
the city. I think it important that
we take some action on the Code
of Ethics that has been presented
to us, that we either adopt it or
that we take a position that it
is unnecessary. I strongly recom-
mend that we elect a mayor pro
tem to serve in the absence of
the mayor. I strongly recommend
that we update ourselves on the
Urban Renewal area and that we
form the Urban Renewal Redevel
opment Committee or land Dis,,x)
sition Committee, whatever you
wish to call it.
I hope that we will be able to
schedule meetings with the various
Boards and Commissions so that
we can be fully conversant with
the actions that they are taking.
I hope that we will be able to
schedule more meetings such as
that which we had with the Street
Department to consider the acti.
vities within the various depart-
ments and that way give us more
background in working with our
annual budgets. We will need to
bring to a conclusion action on
the Police Department manual. W
still have considerable work to do
on the subject of Annual Arrange
ments and on the subject of the
use of Federal Revenue Sharing
funds.
I was extremely pleased that
the Joint Law Center was approved
Adjourned Regular Session January 2, 1973
so overwhelmingly this past year
and we will need to see to it
that work progresses on the Law
Center until it is actually construct.
ed. I am extremely pleased on
the progress which was made this
past year on the Five Flags Civic
Center and Orpheum renovation
and we should follow this activity
closely.
This last year we started the
Mayor's Summer Youth Employ-
ment Committee and I hope that
this activity will continue to re-
ceive the wholehearted support of
the new mayor and the council.
This past year I started the May-
or's Weekly Report on the Dubuque
TV -FM Cable 10 and 1 hope that
the new mayor will continue this.
I believe that an informed citizenry
is going to be more receptive to
good government and I have re-
ceived many favorable comments
about the fact that the mayor
would make this weekly report to
the people. Because of the many
events, meetings and conversation;
in which the mayor is involved
in the course of his civic duties,
I started the Mayor's Weekly Re-
port to councilmen in the hope
that I could keep you advised and
informed on my activities and I
also strongly recommend that the
new mayor continue this so that.
the rest of the council can be
briefed on his activities through
the weeks.
Let the close this final Weekly
Mayor's Report by giving my
thanks to you members of the
council and to the members of
the staff of our city government
fur the long hours that you put
in carrying out your duties.
Once again, let me thank you
for the privilege and honor of serv-
ing the city of Dubuque as its
mayor for the year 1972.
Wayne A. Moldenhauer
Councilman Pregler moved that
the communication be received and
filed and made a matter of record.
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann,
Pregler, Thoma.
Nays—None.
Councilman Pregler moved for
a vote of appreciation for the re
tiring Mayor. Seconded by Coun
Gilman Thoms. Carried by the fol
lowing vote:
Yeas — Councilmen B i t t e r,
Justmann, Pregler, Thoms. Mayo..
Moldenhauer-abstained.
At 7:40 P.M. Councilman Just -
mann moved that the Council g,,
into an executive session, to elect
a Mayor for the coming year.
Seconded by Mayor Moldenhauer,
Carried by the following vote:
Yeas — Mayor Moldenhauer.
Councilmen Bitter, Justmann
Pregler, Thoms.
Nays—None.
At 7:44 P.M. the Council recon-
vened in regular session and
Mayor Moldenhauer moved that
Councilmen Joseph J. Bitter be
elected to serve as Mayor for the
ensuing year. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays—None.
City Clerk Frommelt administer-
ed the oath of office to Mayor
Joseph J. Bitter who took his
proper place, in the Mayor's chair,
at the Council table.
RESOLUTION NO. 1.73
Providing for the appointment
of a city manager, city clerk and
city solicitor for the city of Du-
buque, Iowa: Prescribing their sal•
aries and fixing their bonds.
BE IT RESOLVED BY THE CI-
TY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: That the foll-
owing officers be appointed, sub-
ject however, to the right of the
Council to declare such offices va-
cant or remove the officers there-
from at the pleasure of the Council
with or without cause, and to be
paid the compensation provided in
the budget approved November 6,
1972, and that the City Manager
provide a $5000 bond and the City
Solicitor provide a $1000 bond at
their own expense, and that the
City Clerk be covered under the
blanket honesty bond.
City Manager Gilbert D. Chav-
enelle.
City Clerk I.eo F. Frommelt
City Solicitor R. N. Russo
Adjourned Regular Session January 2, 1973
CITY COUNCIL
OFFICIAL
Adjourned Regular Session, Jan-
uary 2, 1973.
Council met at 7:30 PM. (C.S.T.)
Present — Mayor Moldenhauer,
Councilmen Bitter, Justmann, Pre-
gler, Thorns. City Manager Gil-
bert D. Chavenelle.
Mayor Moldenhauer read the
call and stated that this is an AD-
JOURNED MEETING OF T HE
REGULAR MEETING OF JAN-
ARY 1, 1973 called for the purpose
of acting upon such business as
may properly come before t h e
meeting.
Weekly Mayor's Report,
December 31, 1972
In addition to the other vacancies
that I have reported to you on
various Boards and Commissions,
I have been advised that Miss
Jan Lynch is leaving the Youth
Services Board of Directors and
we will need to appoint a replace-
ment for her. She was a student
from Wahlert High School.
The Five Flags Executive Com-
mittee has advised me that they
will be interviewing architects for
the Five Flags Civic Center and
Orpheum renovation. Three local
firms on January 8 and three out-
of-town firms on January 15.
We have a work session sched-
uled for Thursday evening to take
up the matter of the new zoning
ordinance and get us back active
on that subject.
As I stated in my comments on
being elected mayor of the City
of Dubuque, our fair city is made
up of many wonderful people. It
is a great place to live, with many
things to offer to all of us. I
consider it a very great privilege
and honor to have served as mayor
of the city of Dubuque.
We have worked on many diffi-
cult and complex issues this last
,year and we have many items
of unfinished business which I hope
will be able to be brought to a
conclusion in the year 1973. We
have spent a great deal of time
on the new zoning ordinance and
I hope we will be able to bring
it together in a final draft that
we will be able to take action
upon. The expressway -freeway is-
sue will continue to be before w;
and I hope that we will be able
to resolve all of the difficulties
that are currently before us.
I am very pleased that we have
taken a more aggressive role in
policy making for the city and
I consider this to be one of our
positive accomplishments in the
past year. I hope that we will
be able, in 19-3, to arrive at a
policy on the direction in which
city government should go in the
matter of housing city government
and I certainly hope that we will
be able to bring together a package
on renovating City Hall that we
can present to the electorate.
I think it important that we ar
rive at an annexation policy for
the city. I think it important that
we take some action on the Code
of Ethics that has been presented
to us, that we either adopt it or
that we take a position that it
is unnecessary. I strongly recom-
mend that we elect a mayor pro
tem to serve in the absence of
the mayor. I strongly recommend
that we update ourselves on the
Urban Renewal area and that we
form the Urban Renewal Redevel-
opment Committee or Land Disix)
sition Committee, whatever you
wish to call it.
1 hope that we will be able to
schedule meetings with the various
Boards and Commissions so that
we can be fully conversant with
the actions that they are taking.
I hope that we will be able to
schedule more meetings such as
that which we had with the Street
Department to consider the acti.
vities within the various depart-
ments and that way give us more
background in working with our
annual budgets. We will need to
bring to a conclusion action on
the Police Department manual. W-
still have considerable work to do
on the subject of Annual Arrange-
ments and on the subject of the
use of Federal Revenue Sharing
funds.
I was extremely pleased that
the Joint Law Center was approved
Adjourned Regular Session January 2, 1973
so overwhelmingly this past year
and we will need to see to it
that work progresses on the Law
Center until it is actually construct-
ed. I atr► extremely pleased on
the progress which was made this
past year on the Five Flags Civic
Center and Orpheum renovation
and we should follow this activity
closely.
This last year we started the
Mayor's Summer Youth Employ-
ment Committee and I hope that
this activity will continue to re-
ceive the wholehearted support of
the new mayor and the council.
This past year I started the May-
or's Weekly Report on the Dubuque
TV -FM Cable 10 and I hope that
the new mayor will continue this.
I believe that an informed citizenry
is going to be more receptive to
good government and I have re-
ceived many favorable comments
about the fact that the mayor
would make this weekly report to
the people. Because of the many
events, meetings and conversations
in which the mayor is involved
in the course of his civic duties,
I started the Mayor's Weekly Re-
port to councilmen in the hope
that I could keep you advised and
informed on my activities and I
also strongly recommend that the
new mayor continue this so that
the rest of the council can be
briefed on his activities through
the weeks.
Let me close this final Weekly
Mayor's Report by giving my
thanks to you members of the
council and to the members of
the staff of our city government
for the long hours that you put
in carrying out your duties.
Once again, let me thank you
for the privilege and honor of ser%
ing the city of Dubuque as its
mayor for the year 1972.
Wayne A. Moldenhauer
Councilman Pregler moved that
the communication be received and
filed and made a matter of record.
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i I t e r, Justmann,
Pregler, Thoms.
Nays—None.
Councilman Pregler moved for
a vote of appreciation for the re.
tiring Mayor. Seconded by Coun
Gilman Thoms. Carried by the fol
lowing vote:
Yea. — Councilmen B i t t e r.
Justmann. Pregler, Thoms. Mayo.-
Moldenhauer-abstained.
At 7:40 P.M. Councilman Just -
mann moved that the Council g•
into an executive session, to elec±
a Mayor for the coming year.
Seconded by Mayor Moldenhauer,
Carried by the following vote:
Yeas — Mayor Moldenhauer,
Councilmen Bitter, Justmann.
Pregler, Thoms.
;Nays—None.
At 7:44 P.M. the Council recon-
vened in regular session and
Mayor Moldenhauer moved that
Councilmen Joseph J. Bitter be
elected to serve as Mayor for the
ensuing year. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Moldenhauer,
Councilmen B i t t e r, Justmann.
Pregler, Thoms.
Nays—None.
City Clerk Frommelt administer-
ed the oath of office to Mayor
Joseph J. Bitter who took his
proper place, in the Nlayor'S chair,
at the Council table.
RESOLUTION NO. 1.73
Providing for the appointment
of a city manager, city clerk and
city solicitor for the city of Du-
buque, Iowa: Prescribing their sal-
aries and fixing their bonds.
BE 11' RESOLVED BY THE CI-
TY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: That the foll-
owing officers be appointed, sub-
ject however, to the right of the
Council to declare such offices va-
cant or remove the officers there.
from at the pleasure of the Council
with or without cause, and to be
paid the compensation provided in
the budget approved November G,
1972, and that the City Manager
provide a $5000 bond and the City
Solicitor provide a $IWO bond at
their own expense, and that the
City Clerk be covered under the
blanket honesty bond.
City Manager Gilbert D. Chav-
enelle.
City Clerk Leo F. Frommelt
City Solicitor It. N. Russo.
4 Adjourned Regular Session January 2, 1I 73
Passed, adopted and approved
resigned from his post of Assist -
City Attorney effective Decem-
this 2nd day of January 1973.
ant
Joseph J. Bitter
ber 31, 1972.
Wil-
Please be advised that Mr. Wil -
Mayor
Walter A. Pregler
iam G. Blum, attorney-at-law, Du -
Allan T. Thoms
buque, Iowa has made application
Wayne A. Moldenhauer
to this writer for such appointment
C. Robert Justmann
and I herewith recommend that
Councilmen
the said Mr. William G. Blum
Attest:
be appointed Assistant City At.
Leo F. Frommelt
torney commencing January 2,
City Clerk.
1973,
R. N. Russo
Councilman Pregler moved adop-
City Attorney
tion of the resolution. Seconded
by Councilman Moldenhauer. Car-
Councilman Moldenhauer moved
ried by the following vote:
that the communication be re -
Yeas — Mayor Moldenhauer,
ceived and filed. Seconded by
Councilmen B i t t e r, Justmann,
Councilman Thoms. Carried by the
Pregler, Thoms.
following vote:
Yeas—Mayor Bitter, Councilmen
Nays—None.
Justmann, Moldenhauer, Pregler,
Mayor Bitter admistered the oath
Thom,.
of office to the aforementioned ap-
Nays—None.
pointees for the position of City
Manager, City Clerk and City So-
RESOLUTION NO. 2.73
licitor.
WHEREAS, James G. Schilling,
December 27, 1972
Assistant City Attorney, has sub.
To the Honorable Mayor
mitted his resignation effective De -
and City Council
cember 31, 1972 and said resigna-
As City Manager I wish to ad-
tion should be accepted with re-
vise your Honorable Body that all
Bret;
officers and employees who I have
NOW THEREFORE BE IT RE -
power to appoint and are under
SOLVED BY THE CITY COUNCIL
my supervision, direction and con-
OF THE CITY OF DUBUQUE,
trol, and whose appointments con-
IOWA:
tinue at the pleasure of the flan-
Section 1. That the resignation
ager and who are now serving
of the Assistant City Attorney, Ja-
in their respective capacities shall
mes G. Schilling, effective Decem.
be paid salaries in accordance with
ber 31, 1972 be and the same is
the detailed distribution of propos-
hereby accepted.
ed expenditures for 1973 which the
Section 2. That William G. Blum
Council established at the time of
Y appointed
be and he is hereby
budget hearing and adoption, and
Assistant City Attorney the plea -
in accordance with the attached
sure of the City Councilit and his
"City of Dubuque 1972 Wage and
Salary Plan" and supplemental
term of office shall commence Jan -
22, 23
uary 2, 1973 and his compensation
rate sheets modifying pages
and 24 of the 1972 plan.
be and the same is hereby fixed
Gilbert D. Chavenelle
at $6,200.00 per annum.
City Manager
Passed, approved and adopted
this 2nd day of January, 1973,
Councilman Pregler moved that
' Joseph J. Bitter
the communication be received and
Mayor
filed. Seconded by Councilman
Walter A. Pregler
Moldenhauer. Carried by the fol -
Allan T. Tho ms
lowing vote:
Yeas—Mayor Bitter, Councilman
I Wayne A. Moldenhauer
Justmann, Moldenhauer, Pregler,
C. Robert Justmann
Thoms.
Councilmen
Nays—None.
ATTEST:
December 20, 1972
Leo F. Frommelt
Honorable Mayor and City Council
City Clerk
You have heretofore been advis
Councilman Moldenhauer moved
ed that Mr. James G. Schilling
adoption of the resolution. Second-
Adjourned Regular Session January 2, 1973 5
ed by Councilman Thoms. Carried
by the following vote:
Yeas—Mavor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
December 28, 1972.
To the Honorable Mayor and
Members of the City Council.
I herewith submit my Iowa Pub-
lic Official Bond in the amount
of $5000. for the year 1973 and
desire to have your approval of
same.
Gilbert D. Chavenelle
City Manager,
Councilman Moldenhauer moved
approval subject to approval of
the City Attorney. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
RESOLUTION NAMING
DEPOSITORIES
RESOLUTION NO. 3.73
BE IT RESOLVED by the City
Council of City of Dubuque County,
Iowa: That we do hereby desig-
nate the following named banks
to be depositories of the City of
Dubuque funds in amounts not to
exceed the amount named opposite
each of said designated deposi-
tories and the City Treasurer is
hereby authorized to deposit the
City of Dubuque funds in amounts
not to exceed in the aggregate
the amounts named for said banks
as follows, to -wit:
Name of Depository, American
Trust & Savings Bank, Location,
Dubuque, Iowa, Maximum Deposit
in effect under prior resolution,
$5,000,000.00, Maximum Deposit
under this resolution, $5,000,000.00.
Name of Depository, Dubuque
Bank & Trust Company, Location,
Dubuque, Iowa, Maximum Deposit
in effect under prior resolution,
$5,000,000.00, Maximum Deposit
under this resolution, $5,000,000.00.
Name of Depository, First Na-
tional Bank, location, Dubuque,
Iowa, Maximum Deposit in effect
under prior resolution, $5,000,0(K1.00
Maximum Deposit under this re-
solution, $5,000,000.00.
Name of Depository, Key City
Bank & Trust Company, lAwation,
Dubuque, Iowa, Maximum Deposit
in effect under prior resolution,
$5,000,000.00, Maximum Deposit un-
der this resolution, $5,00o,000.00.
The vote on the resolution is
as follows:
Joseph J. Bitter
Mayor
C. Robert Justmann
Wayne A. Moldenhauer
Walter A, Pregler
Allan T. Thoms
Councilmen
Dated at Dubuque, Iowa, this
2nd day of January, 1973.
Councilman Moldenhauer moved
adoption of the resolution. Second-
ed by Mayor Bitter. Carried by
the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 4.73
Appointing official newspaper for
the City of Dubuque for 1973.
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA: That the
Telegraph Herald, a newspaper of
general circulation be appointed
the official newspaper of said City.
Passed, adopted and approved
this 2nd day of January, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Moldenhauer moved
adoption of the resolution. Second-
ed by Mayor Bitter. Carried by
the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
January 2, 1973
To the Honorable Mayor and
Members of the City Council
An Ordinance has been prepared
allocating and making appropria-
tions of tax levies and other sour-
ces of revenue for expenditures
of the City Government of the
City of llubuque. Iowa, for the
fiscal year beginning January 1,
1973 and ending December 31, 1973,
and authorizing certain transfers
of funds.
6
Adjourned Regular Session January _2, 1973
1, 1973 and ending December 31,
1973 and authorizing certain trans-
fers of funds,
presented and read.
Councilman Pregler moved that
the reading just had be. considered
the first reading of the Ordinance.
Seconded by Councilman Thoms.
Carried by the following vote:
Yeas — Mayor Bitter, Council
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Councilman Pregler moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council-
man Thoms. Carried by the follow-
ing vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
This Ordinance is in accord with
the budget expenditures adopted
by the City Council on Nnvember
6, 1972.
Gilbert, D. Chavenelle
City Manager
Councilman Pregler moved that
the communication be, received and
filed. Seconded by Councilman Mol-
denhauer, Carried by the following
vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
ORDINANCE NO. 1-73
An Ordinance allocating and mak-
ing appropriations of tax levies
and other sources of revenue to
the expenditures of City govern-
ment in the City of Dubuque, for
the fiscal year beginning January
ORDINANCE No. 1.73
An Ordinance allocating and making
appropriations of fax levies and other
sources of revenue to the expenditures
for y of
Dubuquty e, Government
the fiscal year Cbbe in -
nine January 1, 1973 and ending De-
cember 31, 1913 and authorizing cer.
tain transfers of funds.
Be it ordained by the City Council
of the Cityof Dubuque:
Section 1. That there is hereby allo-
cated and appropriated from the es-
tlmated revenues from all tax levies
in the City of Dubuq,.ie, together with
the eatttnipfue
other than taxation, andunencumber-
ed
balances from the fiscal year of
1972, all as hereinafter set forth, to
the payment of the necessary expendi-
tures of the city government in the
following amounts and for the pur-
poses set forth in this ordinance and
to that end the transfers of funds as
hereinafter set forth are hereby
authorized, to -wit:
1973 CITY OF DUBUQUE BUDGET ALLOCATION
Section 2. General Miscellaneous
Revenues. General miscellaneous rev-
enues which are collected during the
fiscal Year shall be allocated to the
funds and purpose as provided for
herein and shall be used for the Pay-
ment of the expenses of such funds
and Purposes In the sums herein
shown.
Section 3. Surplus. Any surplus not
specifically allocated for a definite
purpose in the budget shall be and
the same Is hereby appropriated and
set apart to be applied as contingen-
cies arise or may be used for such
properpurposes as the Council may
determine upon. Nothing herein con-
tained shall authorize the transfer of
funds realized from taxes to a fund or
purpose for which any tax levy has
not been made, except only with the
approval of the State Comptroller.
Section 4. Delinquent Tax Collec-
tions. Delinquent prior Year's tax col-
lections shall be allocated to the re-
spective funds most logically Includ-
Ing the purpose for which the tax was
evied when and as the same are re-
ceived by the City Treasurer.
Section 5. This ordinance shall be
In force and effect from and after Its
final passage, adoption and approval
by the City Council and publication as
Provided by law, and the appropria-
tions herein provided shall be avail-
able when transferred to their rewec-
five funds.
Passed upon first reading this 2nd
day of January, 1973.
Passed, adopted and approved upon
final reading this 2nd day of January,
1973.
Joseph
MAYOR Bitter
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
COUNCILMEN
ATTEST:
Leo F. Frommelt
CITY CLERK
Published officially In The Telegraph.
Herald Newspaper this 5th day of
January, 1973,
Leo F. Frommelt
City Clerk.
it. 1/5
Levy, in
From
Mise. Unencumbered Total
Fund
Mills
Texas
Revenue
Balances
ApproP.
General
2.869
1.300
299,245
135,594
528,321'
18,256'
221000
027,566
175,850
Street
Public Safety
13.245
1,381,490
642,044-•
80,000
2,103,531
775,722
Sanitation
Municipal Enterprise
2.553
2.987
266,285
311,552
438,738
159,703
70,699
3
12,220
Recreation
4.603
480,106
126,11 4
1,048,840
6,000
22,000
65,978
1,224,165
Utilities
1.470
153,325
___
Functional—Sub Total
29.00367
3,817,3116
2.963958
236,677
6,2826 2970
Debt Service
Trust and Agency
10.151
1,058,777
4,122
7,000
1,069,899
Tort Liability
323
33,690945
327 945,327
781
Sewer Rental
Street (Road Use Tax)
857,359
857,359
Parking Facilities
266,000
— 6,027
212,027
TOTAL
47.337
4,937,300
5,038,013
249,704
10,225,957
—Includes $68,595 State Replacement
of Frozen
Monies and Credits
Tax
'—Includes 5250,000 Tranfer
from Liquor Profit Fund
Section 2. General Miscellaneous
Revenues. General miscellaneous rev-
enues which are collected during the
fiscal Year shall be allocated to the
funds and purpose as provided for
herein and shall be used for the Pay-
ment of the expenses of such funds
and Purposes In the sums herein
shown.
Section 3. Surplus. Any surplus not
specifically allocated for a definite
purpose in the budget shall be and
the same Is hereby appropriated and
set apart to be applied as contingen-
cies arise or may be used for such
properpurposes as the Council may
determine upon. Nothing herein con-
tained shall authorize the transfer of
funds realized from taxes to a fund or
purpose for which any tax levy has
not been made, except only with the
approval of the State Comptroller.
Section 4. Delinquent Tax Collec-
tions. Delinquent prior Year's tax col-
lections shall be allocated to the re-
spective funds most logically Includ-
Ing the purpose for which the tax was
evied when and as the same are re-
ceived by the City Treasurer.
Section 5. This ordinance shall be
In force and effect from and after Its
final passage, adoption and approval
by the City Council and publication as
Provided by law, and the appropria-
tions herein provided shall be avail-
able when transferred to their rewec-
five funds.
Passed upon first reading this 2nd
day of January, 1973.
Passed, adopted and approved upon
final reading this 2nd day of January,
1973.
Joseph
MAYOR Bitter
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
COUNCILMEN
ATTEST:
Leo F. Frommelt
CITY CLERK
Published officially In The Telegraph.
Herald Newspaper this 5th day of
January, 1973,
Leo F. Frommelt
City Clerk.
it. 1/5
Adjourned Regular Session January 2, 1973
Councilman Pregler moved final
adoption of the Ordinance. Second-
ed by Councilman Thorns. Carried
by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 5-73
Resolution for approval of City of
Dubuque audit for the fiscal year
1971
WHEREAS, Section 11.18, Code
of Iowa, provides that the financial
condition and transactions of all
cities and city officials shall be
examined at least once per year;
WHEREAS, examinations may
be made by the Auditor of the
State or in lieu thereof the local
governing body may employ cer-
tified public accountants and re-
gistered in the State of Iowa, and
so notify the Auditor of State with-
in sixty days after the close of the
fiscal year to be examined:
NOW, THEREFORE, BE IT RE-
SOLVED that the Auditor of State
be requested to audit the 1972 fi-
nancial condition and transactions
of the City of Dubuque, and that
the audit of the financial condition
and transactions of the Water,
Parking Facilities and Sewage
Rental Funds be contracted with
the CPA firm, O'Connor, Brooks
and Company.
Passed, Adopted and Approved
this 2nd day of January, 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 Moldenhauer. Car-
ried by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer.
Pregler, Thorns.
Nays — None.
Communication of Department of
the Army Corps of Engineers ad-
vising of completion of Phase I
investigations for Mississippi Ri-
ver -Illinois Waterway 12' channe!
study, and recommending which
alternatives should be studied fur-
ther and should be dropped be.
cause it does not seem to be feas-
ible, presented and read. Council-
man Pregler moved that the com-
munication be referred to the Coun-
cil. Seconded by Councilman .Just -
mann. Carried by the following
vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thorns.
Nays — None.
Communication of Library Board
being appreciative of the Council's
interest in having the Board meet
with the Council to consider pre-
sent and future needs and express-
ing hope for an. early meeting,
presented and read. Councilman
Pregler moved that the communi-
cation be received and filed and
suggested a meeting for January
9th. Seconded by Mayor Bitter.
Carried by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer.
Pregler, Thorns.
Nays — None.
Communication of Iowa State De-
partment of Health submitting a
new approved rule relating to the
State Plumbing Code providing for
adoption of provisions of the Uni-
form Plumbing Code, which can
be used and approved for HUD
certification presented and read.
Councilman Moldenhauer moved
that the communication be referred
to the City Manager. Seconded by
Mavor Bitter. Carried by the fol-
lowing vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer
Pregler, Thoms.
Nays — None.
Communication of Playground &.
Recreation Commission submitting
I proposal to purchase Market.
Square located on E. 4th Street
Extension and is part of Petrakis
Park parking lot, from Miller's
Trucking and Rental Inc., and re-
commending that if the City would
dispose of Petrakis Park provi-
sions should be made to move
lights and bleachers to provide for
an additional facility, presented
and read. Councilman Justmann
moved that the communication be
referred to the. Manager and ad
Adjourned Regular Session January 2, 1973
hoc group to be considered pos-
sibly by March 15th. Motion died
for lack of a second. Councilman
Thoms moved that the offer of
purchase be refused. Seconded by
Councilman Moldenhauer. Carried
by the following vote:
Yeas -- Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Communication of Low - Rent
Housing Commission submitting
minutes of their meeting of Dec-
ember 19, 1972, presented and read.
Councilman Pregler moved that
the communication be received and
filed. Seconded by Mayor Bitter.
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Communication of former Mayor
Moldenhauer submitting his weekly
Mayor's report dated December
26, 1972, presented for filing. Coun-
cilman Justmann moved that the
communication be received and fi.
led Seconded by Mayor Bitter,
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Communication of N. E. Iowa
Area Crime Commission submit-
ting a proposed resolution that the
Northeast Iowa Crime Commision
be authorized to act in our behalf
in the receipt of federal funds for
programs approved by the State
Crime Commission. Council m a n
Justmann moved that the proposed
resolution be referred to the City
Solicitor. Seconded by Mayor Bit-
ter. Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Crime Control and Safe Streets
Act of 1969 as amended by the
Omnibus Crime Control Act of 1970,
to local units of g o v ernment
through the Iowa Crime Commis
Sion, and
WHEREAS, The Iowa Crime
Commission i5 the agency repre-
senting the State of Iowa.
WHEREAS, the (City) of Du-
buque is desirous of becoming
eligible for federal anti-crime
funds, and,
WHEREAS, the (City) of Du-
buge is desirous of becoming a
part of a combination of units of
general local government which is
known as N.E. IOWA AREA
CRIME COMM. (County Crime
Commission).
NOW, THEREFORE, BE IT RE-
SOLVED BY THE (City Council)
OF THE (City) OF Dubuque, Iowa
THAT THE (City) of Dubuque
Iowa authorizes the (Regional
Planning Commission) to act ex-
clusively in its behalf in request-
ing and receiving $50,000.00 plan-
ning funds and $ action
funds for the fiscal year 1973.
These funds shall be utilized as
necessary to implement and oper-
ate all programs authorized and
funded by the Iowa Crime Com-
mission and that the Regional
Planning Commission) is further
authorized to participate in the
planning and programing of the
Iowa Crime Commission.
It is hereby further resolved that
the (City) of Dubuque, Iowa
as a recipient, obligates itself to
the terms and conditions of awards
made to the State of Iowa by
the Law Enforcement Assistance
Administration of the United States
Department of Justice.
Passed this 2nd day of January,
1973.
RESOLUTION NO. 17.73
(That must be executed by a City
or County authorizing their County
Crime Commission or Regional
Planning Commission to Act on
their behalf and receive crime
commission funds)
WHEREAS, The Federal Govern-
ment has made monies available,
under the provision of the Omnibus
Joseph J. Bitter
Mayor
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.
Adjourned Regular Session January 2, 1973
December 18, 1972
To the Honorable Mayor
and City Council
I herewith submit the reports
of the City Treasurer, Water Super-
intendent, City Auditor, Health De-
partment, as well as a list of
claims for the month of November
1972.
Respectfully,
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the reports be received and filed.
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 Statement of
Receipts and Disbursements and
list of claims for the month of
November 1972, presented and
read.
Councilman Pregler moved that
the proof of publication be received
and filed. Seconded by Council-
man Moldenhauer. Carried by the
following vote:
Yeas—Mayor Bitter, Councilman
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Notice of claim of Mrs. John
McEvoy, in the amount of $41.63,
for car damage incurred in the
Iowa Street parking ramp on De-
cember 13, 1972, presented and
read. Councilman Pregler moved
that the notice of claim be re-
ferred to the City Solictor for
investigation and report. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Notice of claim of William G.
LaRue, in the amount of $75.00,
for truck damage incurred at the
city landfill as the result of being
struck by a city operated vehicle
on November 24, 1972, presented
and read. Councilman Pregler
moved that the notice of claim
be referred to the City Solicitor
for investigation and report. Se-
conded by Councilman Justmann.
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Notice of Suit of Evelyn H. Dow
conservator of the property of Jef-
frey Dow, minor, in the amount
of $1.2,292.50 for injuries received
by said minor as the result o
a fall on an ice covered cross-
walk at W. 17th and W. Locust
Street on December 19 1970, pre-
sented and read. Councilman Preg-
ler moved that the notice of suit
be referred to the City Solicitor
for investigation and report. Se-
conded by Councilman Justmann.
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann. Moldenhauer, Pregler,
Thoms.
Nays—None.
Notice of claim of Carl L. Ober-
hoffer Jr. in the amount of $350.
for expense incurred as the result
of a backed -up sewer at his home
at. 2815 Hillcrest Road on December
4, 1972, presented and read. Coun-
cilman Pregler moved that the no-
tice of claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Justmann. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing to amend Zoning Or-
dinance No. 3.34, known as the
Zoning Map and Zoning Ordinance
of the City of Dubuque so as to
change the following described real
estate from "Single Family Re-
sidence District" Classification to
"Multiple Residence District" clas-
sification to -wit; Commencing at
the Southeast corner of Section
12, Township 89 North, Range 2
East of 5th P. M. in the City
of Dubuque, Iowa, thence West,
550.00 feet along the East-West Sec-
tion line between Section 12, Town-
ship 89, North. Range 2 East of
5 P. M. and Section 18, Twp. 89
N. R. 2E. 5 P. M. to the point
of beginning of the tract of land
10 Adjourned Regular Session January 2, 1973
ORDINANCE NO. 63-72
being described, thence N o r t It,
350.00 feet, thence West, 530.00
feet, thence south, 67.00 feet thence
East, 39.00 feet, thence south 45.00
feet, thence East, 48.00 feet, thence
South 4 degree 20' West, 238.00
feet to said East-West Section line
between said Sections 12 and 13.
thence east 461.00 feet along said
East-West section line between
said sections 12 and 13 to the
point of beginning, and is subject
to the 30 feet in width reserved
for road, presented and read. Coun-
cilman Moldenhauer moved that
the proof of publication be received
and filed. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas—Mayor Bitter, Councilman
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Councilman Pregler moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Attorney Robert Bertsch address-
ed the Council by posing two ques-
tions which in his opinion are vital
to the rezoning of the property
owned by the Sisters of St. Fran-
cis, off Davis avenue. Are the uses
compatible to the surrounding area
and will the rezoning adversely
affect the surrounding property.
This will not be a charitable ven-
ture. The intention is to dispose
of the property if it can be re-
zoned. The only intended use is
for a child development care cen-
ter for the benefit of children from
birth to eighteen years of age.
The Sisters of St. Francis want
their property to be used for thi <
purpose. Mr. Merle Pfeiler, Robert
Welu, Arnold Brimeyer, Earl Bi-
sanz, Joel Glennon, and Mrs. Earl
Bisanz, all stated that they were
not against the idea of a child
development care center but re-
gistered concern as to what would
happen to the neighborhood if the
Sisters sold the property to a dev-
elopment group, which could gen-
erate shopping centers, stores etc.
around the center care core area.
An ordinance amending and chang.
Ing ordinance No. 3.34 known as
the "Zoning map and Zoning Or-
dinance of the city of Dubuque,
Iowa" so as to change certain
property hereinafter described
from "single family residence dis-
trict" classification to "multiple
residence district" classification,
(Sisters of St. Francis property)
said Ordinance having been pre-
viously presented and read at the
Council meeting of December 4.
1972, presented for final adoption.
Councilman Justmann moved that
Lhe Ordinance be referred to the
City Solicitor and Planner for in-
vestigation and report. Seconded
by Councilman Bitter. Carried b-,
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Prealer
Thoms.
Nays—None.
Proof of Publication, certified to
by the Publisher, of Notice of puh-
lie hearing to amend Ordinance
No. 3.34, known as the 'Zoning Ma -
and Zoning Ordinance of the Cil.,
so as to change the following des -
scribed real estate from Two Fa-
mily Residence District Classifica-
tion to Multiple Residence District
Classification to -wit: 1,ot 2 of I
of 1 of 2 of 2 and lot 1 of 1 of 1
of 2 of 2 all of Boxleiter's Sub.
of Lot 1 of Caroline Boxleiter's
Sub. of M• L. 160; Lot 7 in Sidonia
Hosford's Sub.; Lot 2 of 2 of 2
of 2 of M. L. 160; Lot 2 of 1
of 2 of 2 of Boxleiter's Sub. of
Lot 1 of Caroline Boxleiter's Sub.
of M. L. 160; Lot 31, West 25'8"
of Lot 30, East 24'4 of Lot 30,
Lot 29, Lot 28, Lot 26,
Lot 32A and Lot 18 all in Finley
Home. Addition, presented and
read. No written objections were
filed and no oral objectors were
present in the Council Chamber
at the time set the public hearing.
Councilman Justmann moved that
the proof of publication be received
and filed. Seconded by Councilman
Thoms. Carried by the following.
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thoms.
Nays—None.
Adjourned Heigular Session January 2, 1973 11
ORDINANCE NO. 6472
An ordinance amending and chang
Ing ordinance No.3-34 known as
the "toning map and zoning or-
dinance of the city of Dubuque,
Iowa" so as to change certain pro-
perty hereinafter described from
"two family residence d i s trict"
classification to "multiple r e s i-
dence district' classification, (Fin-
ley Hospital property)
said Ordinance having been pre-
viously presented and read at the
Council meeting of December 11,
1972, presented for final adoption.
ORDINANCE No. 6c72
AN ORDINANCE AMENDINGAND
CHANGING ORDINANCE No. 3.34
KNOWN AS THE "ZONING MAP
AND ZONING ORDINANCE OF THE
CITY OF DUBUQUE, IOWA" SO AS
TO CHANGE CERTAIN PROPERTY
HEREINAFTER DESCRIBED FROM
"TWO FAMILY RESIDENCE DIS-
TRICT"
ISTRICT" CLASSIFICATION TO "MUL-
TIPLE RESIDENCE DISTRICT"
CLASSIFICATION.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Ordinance No- 3.34
known as me "Zoningp Map and Zoning
Ordinance of me Clty of Dubuque,
Iowa" I>e and the. same Is hereby
amended by changing from "Two
Family Residence District" Clas3iflca
tlon to "Multipfe Residence District"
Classification the following described
real estate. towlt:
Lot 2 or Lot 1 of Lot 1 of Lot 7 of
Lot 2 of Boxleiter's Subdivision of
Let 1 of Caroline Boxielter's Subdi-
vision of Mineral Lot 160; Lot 1 of
Lot 1 of Lot 1 of Lot 2 of Lot 7 of
oxleiter's Subdivision of Lot 1 of
eroline Bexteiler's Subdivision of
Mineral Lot 11"; Lot 7 in Sicionla
Hosford's Subdivision; Lot 2 of Lot
2 of Lot 2 of Loi 2 of Mineral Lot 160;
Lot 2 of Lot 1 of Lot 2 of Lot 2 of Box-
leiter's Subdivision of Lot 1 of Caro-
line Boxlelter's Subdivision of Min-
eral Lot 160; Lot 31 of Finley Home
Addition; the Nest 251" of Lot 30
in Finley Horne Addition; the East
21'4" of Lot 30 in Finley Home Ad.
dition; Lot 29 In Finley Home Addi-
tion; Lot 28 in Finley Home Addy
tion; Lot 26 in Finley Home Addi-
flon; Lot 32A in Finley Horne Add! -
lion; and Lot is In Finley Home
Addition, all in tho City of Dubuque.
Iowa, and all according to the re-
spective recorded plats thereof.
Section 2. Thai the foregoing
Amendment has heretofore been ap-
proved by the Planning and Zoning
Commission of the City of Dubuoue,
Iowa.
Passed, approved and adopted thi,
2nd day of January. 1973.
J MAYOfi Bltter
Walter A. Preo;er
Allan T. Thorns
Wayne A. Moldenhauer
C. Robert Justmann
COUNCILMEN
ATTEST:
Leo F. Frommen
City Clerk
Published officially in The Telegraph -
Herald Newspaper this $in day of
January, 1973.
Leo F. Frpmmelt
it. 1/5 L,ty Clerk
Councilman Thom -s moved final
adoption of the Ordinance. Second
ed by Councilman Pregler. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Proof of Publication, certified it
by the Publisher, of Notice of pit
blit hearing to consider amending
Ordinance No, 3-34, known as the
Zoning Map and Zoning Ordinance
of the City, by amending Article
IV, Section 2 (h) thereof to include
the following described real estate
in which professional offices or
studios of a physician, dentist, ar-
chitect, engineer, lawyer, realtor,
insurance, musician, or similar
professions may be permitted; Lot
I of 2 of 2 of M. L. 160; Lot
I of 1 of Boxleiter's Sub. of Lot.
1 of Caroline Boxleiter's Sub. of
M. L. 160; Lot 6 in Sidonia Hos-
ford's Sub; the south 55' of Lot
5 in Sidonia Hosford's Sub; Lot
1 of 1 in Finley Home Addn. and
Lot 2 of 1 of I of 2 of 2, Lot
1 of 1 of 1 of 2 of 2 of Boxleiter's
Sub. of Lot I of Caroline Boxleiter's
Sub. of M. L. 160; Lot 7 in Sidonia
Hosford's Sub., Lot 2 of 2 of 2
of 2 of M. L. 160; Lot 2 of 1
of 2 of 2 of Boxleiter's Sub. of
Lot 1 of Caroline Boxleiter's Sub.
of M. L. 160; I.ot 31, West 25'8"
of Lot 30, East 24'4" of Lot 30,
Lot 29, Lot 28, Lot 26, Lot 32A,
Lot 18, all in Finley Home Addn.
in the City of Dubuque, presented
and read.
No written objections were filed
and no oral objectors were present
in the Council Chambers at the
time set for the public hearing.
Councilman Justmann moved that
the proof of publication be received
and filed. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Just.mami, Moldenhauer, Pregler,
Thoms.
Nays—None.
ORDINANCE NO. 65.72
An ordinance amending ordinance
No. 3.34 known as the 'Zoning
Map and Zoning Ordinance of the
city of Dubuque, Iowa", by amend-
Ing article IV, section 2 (h) thereof
to include certain described real
estate in which professional offices
or studios of a physicain, dentist,
architects, engineer, lawyer, real-
12 Adjourned Regular Session January 2, 1973
tor, insurance, musician, or similar
professions may be permitted,
(Finley Hospital property) said Or-
dinance having been previously
presented and read at the Council
meeting of December 11, 1972, pre-
sented for final adoption.
ORDINANCE No- 65.72
AN ORDINANCE AMENDING ORDI-
,, zi, xtJnwN AS THE
CER
SIONS MAY Nt t rKMI I ICV.
NOW THEREFORE BE IT OR.
OFITHE CITY OF DUBUQUE IITY ONCIL
WA:
Section 1. Thal Ordinance No. 3.34
known as the ' Zonlno Map and Zon.
ing Ordinance of the City of Dubuque,
Iowa" be and the same Is hereby
amended by amending Article IV, Sec-
tion 2 (h) thereof as follows:
"ARTICLE IV.
Section 2.
(h) ofraePhysicloffices
ian,dentist aarcfii.
tett, enqineer, lawyer, realtor,
insurance, musician, or simllar
Professions within:
Lot 1 of Lot 2 of Lot 2 of Mineral
Lot 160; Lot 1 of Lot 1 of Boxlel.
ter's Subdivision of Lot 1 of Caro-
line Boxleiter's Subdivision of Miner-
al Lot 160; Lot 6 In Sidonia Hos-
ford's Subdivision; the south 55 feet
of Lot 5 In Sidonia Hosford's Sub-
division; and Lot 1 of Lot 1 in Fin-
ley Home Addition, all in the City
of Dubuque, Iowa, according to the
respective recorded plats thereof,
Lot 2 of Lot 1 of Lot 1 of Lot 2 of
Lot 3 of Boxlelter's Subdivision of
Lot 1 of Caroline Boxlelter's Subdi-
vision of Mineral Lot 160; Lot 1 of
Lot 1 of Lot 1 of Lot 2 of Lot 2 of
Mineral Lot 160; Lot 31 of Finley
Home Addition; the West 25'8" of
Lot 30 In Finley Home Addition- the
East 24't" of Lot 30 In Finley ome
Addlffton; Lot 29 in Finley Home
Addtion; Lot 28 In Finley Home Ad.
dltlon; Lot 26 in Finley Home Ad-
ditlon; Lot 32A in Finley Home Ad-
dition; and Lot 18 In Finley Home
Addition, all In the City of Dubuque,
Iowa, and all according to the re-
spective recorded plats thereof.
Section 2. That the foregoing
Amendment has heretofore been ap-
proved by the Planning and Zoning
Commission of the City of Dubuque,
Iowa.
Passed, approved and adopted this
2nd day of January, 1973,
Joseph J. Bitter
MAYOR
Walter A. Pregler
Allan T. Thoms
Wayne A. Moidenhaver
C. Robert Justmann
COUNCILMEN
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in The Telegraph -
Herald Newspaper this 5th day of
January, 1973.
Leo F. Frommelt
City Clerk
1t. 1/5
Councilman Thoms moved final
adoption of the Ordinance. See -
onded by Councilman Pregler.
Carried by the following vote:
Yeas --Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of David E. Zimmer-
man requesting a refund of $50.
on the unexpired portion of cigar-
ette license No. 259, as he has
discontinued business on 12.27-72,
presented and read. Councilman
Pregler moved that the refund be
granted and the Auditor instructed
to issue proper warrant. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of Violet Savary, reques-
ting a refund of $W. on the unex-
pired portion of cigarette license
No. 260, as she had discontinued
business on 12-27-72, presented and
read. Councilman Pregler moved
that the refund be granted and
the Auditor instructed to issue pro-
per warrant. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of Violet Savary, reques-
ting a refund of $225. on the un-
expired portion of Class B Beer
license No. 3086, as she has dis-
continued business on 12-27-72, pre-
sented and read. Councilman Pre-
gler moved that the refund be
granted and the Auditor instructed
to issue proper warrant. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of Beulah E. Fritz, re-
questing a refund of $50. on the
unexpired portion of cigarette li-
cense No. 7, as she has discon.
tinued business on 104.72, pre-
sented and read. Councilman Pre.
gler moved that the refund be
granted and the Auditor instructed
to issue proper warrant. Seconded
Adjourned Regular Session January 2, 1973 13
by Councilman Justmann. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of Cruso A. Alba reques-
ting a refund of $50. on the unex-
expired portion of cigarette license
No. 204, as he has discontinued
business on December 7, 1972 pre-
sented and read. Councilman Pre-
gler moved that the refund be
granted and the Auditor instructed
to issue proper warrant. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of Michael Pusateri et
al requesting that both the names
of St. George and Lorimer be re-
tained in redesignating L or imer
Street, presented and read. Coun-
cilman Pregler moved that the pe-
tition be referred to the Planning
& Zoning Commission for investi-
gation and report. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of Mrs. Thomas J. Sutter
et al (20 signers) as being in favor
of maintaining and making neces•
sary alterations to the City Hall
at its present location, presented
and read. Councilman Thoms mov-
ed that the petition be received
and filed and referred to the first
meeting in February. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of Richard C. & Mildred
L. Henschel, requesting annexation
of 0.763 acres, off Valentine Drive,
presented and read. Councilman
Pregler moved that the petition
be referred to the Planning & Zon
ing Commission. Seconded b y
Councilman Moldenhauer. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thoms.
Nays—None.
Proof of Publication, certified to
by the Publisher, of notice of public
hearing to Marvin Kahle, to con-
sider report of the City Manager
of the delapidated condition of the
buildings located at 1208 Dodge
Street and described as Lot 2 of
1 of 2 in Byrnes Sub. in the City
of Dubuque, Iowa, 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
Moldenhauer. Carried by the fol-
lowing vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
RESOLUTION N0. 6.73
WHEREAS the City Manager has
reported to the City Council that
the buildings and premises located
on Lot 2 of 1 of 2 in Byrnes
Subdivision, known as 1208 Dodge
Street, in the City of Dubuque,
Dubuque County, Iowa, are danger-
ous to life and health because of
their condition and that demand
has been made by him upon Mar-
vin J. Kahle as owner of said
property that the condition com-
plained of be corrected and that
said owner has failed to correct
the conditions within the time pro-
vided by the notice; and,
WHEREAS on December, 11,
1972 the City Council set said report
down for hearing at 7:30 o'clock
P.M. Central Standard Time Jan.
uary, 2, 1973, in the City Council
Chamber in the City Hall in the
City of Dubuque, Dubuque County,
Iowa, and directed the City Clerk
to give notice of said hearing;
and,
WHEREAS it appears by return
of service now on file in the records
of the City Council that notice
of said hearing was given by serv-
ing by Registered Mail on De-
cember, 13, 1972, and by publica.
tion in the Telegraph Herald news-
paper on December, 14, 1972, and,
WHEREAS pursuant to said no-
tice on order of the City Council
14 Adjourned Regular Session January 2, 1973
apublic bearing was held at 7:90
o'clock F.M. Central Standard
Time on January, 2, 1973, in the
City Council Chamber in the City
Hall in the City of Dubuque, Iowa,
at which time the owners of the
above described real estate were
afforded an opportunity to be heard
and witnesses concerning the con-
dition of the property and the ha-
zard was heard; and,
WHEREAS the Council has duly
considered the testimony of the
witnesses and viewed the premises
and has reached its determination.
NOW, THEREFORE, BE IT RE
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the structure
known as 1808 Dodge Street in
the City of Dubuque, Dubuque
County, Iowa, be and the same
are hereby found and declared to
be dangerous to life, health and
property and a nuisance;
Section 2 That the City Manager
be and he is hereby authorized
and directed to cause the structure
known as 1208 Dodge Street, Lot
2 of 1 of 2 in Byrnes Subdivision
in the City of Dubuque, Dubuque
County, Iowa, to be dismantled
aaad removed.
Section 3. That upon completion
of said work, the City Manager
shall certify the cost thereof to
the City Clerk.
Section 4. That upon receipt of
said certificate of cost from the
City Manager, the City Clerk shall
thereupon certify said cost to the
County Auditor of Dubuque County,
Iowa, and it shall he collected
with and in the same manner as
general property taxes.
Section S. That the City Clerk
be and is hereby directed to record
a certified copy of this Resolution
in the office of the County Recorder
of Dubuque County, Iowa.
Passed, adopted and approved
this 2nd day of January, 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 Moldenhauer. Car-
ried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing to James W. Collins.
to consider report of the City Man-
ager of the delapidated condition
of the buildings located at 1210
Dodge Street and described as Lot
1 of 2 of Byrnes Sub. No. 1 in
the City of. Dubuque, Iowa, present-
ed 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
Moldenhauer. Carried by the fol
lowing vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
RESOLUTION Na 743
WHEREAS the City Manager has
reported to the City Council that
the buildings and premises located
on Lot 1 of 1 of 2 in Byrnes
Subdivision, known as 1210 Dodge
Street, in the City of Dubuque,
Dubuque County, Iowa, are danger
ous to life and health because of
their condition and that demand
has been made by him upon James
W. Collins as owner of said pro
perty that the condition complained
of be corrected and that said owner
has failed to correct the conditions
within the time provided by the
notice; and,
WHEREAS on December, 11.
1972, the City Council set said re-
port down for hearing at 7:50 o'-
clock P.M. Central Standard Time
January, 2, 1973, in the City Coun-
cil Chamber in the City Hall in
the City of Dubuque, Dubuque Cou
i ty, Iowa, and directed the City
Clerk to give notice of said hear-
ing and,
WHEREAS it appears by return
of service now on file in the records
of the City Council that notice
of said hearing was given by serv-
ing by Registered Mail on Decem
Adjourned Regular Session january 8, 1973 15
ber, 13, 1972, and by publication
in the Telegraph Herald newspap-
er on December, 14, 1972, and,
WHEREAS pursuant to said no-
tice on order of the City Council
a public hearing was held at 7:30
o'clock P.M. Central Standard
Time on January, 2, 1973, in the
City Council Chamber in the City
Hall in the City of Dubuque, Iowa,
at which time the owners of the
above described real estate were
afforded an opportunity to be heard
and witnesses concerning the con-
dition of the property and the ha-
zard was heard; and,
WHEREAS the Councll has duly
considered the testimony of the
witnesses and viewed the premises
and has reached its determination.
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the structure
known as 1210 Dodge Street in the
City of Dubuquc, Dubuque County,
Iowa, be and the same are hereby
found and declared W be dangerous
to life, health and property and
a nuisance;
Section. That the City Manager
be and he is hereby authorized
and directed to cause the structure
known as 1210 Dodge Street, Lot
1 of 1 of 2 in Byrnes Subdivision
in the City of Dubuque, Dubuque
County, Iowa, to be dismantled
and removed.
Section 3. That upon completion
of said work, the City Manager
shall certify the cost thereof to
the City Clerk.
Section 4. That upon receipt of
said certificate of cost from the
City Manager, the City Clerk shall
thereupon certify said cost to the
County Auditor of Dubuque Coun-
ty, Iowa, and It shall be collected
with and in the same manner as
general property taxes.
Section 5. That the City Clerk
be and is hereby directed
to record a certified copy of this
Resolution in the office of the Coun-
ty Recorder of Dubuque County,
Iowa.
Passed, adopted and approved
this 2nd day of January, 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 Pregler moved adop.
tion of the resolution. Seconded
by Councilman Moldenhauer, Car-
ried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
RESOLUTION NO. 8.73
WHEREAS, Dubuque Disposal
Co., a partnership composed of
Louis Mihalakis and Milton
Schwartz., are the successful bid-
ders for leasing of the former City
Garage at 14th and Elm Streets
in the City of Dubuque, Iowa; and
NOW THEREFORE BE IT RE.
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA
Section 1. That, the Lease Agree-
ment by and between City of Du-
buque, Iowa and Dubuque Disposal
Co. covering the former City Ga-
rage at 14th and Elm Streets for
a term of three (3) years at an
annual rental of $9,060.00 be and
the same is hereby approved and
that a true copy of said Lease
is hereto attached, marked Exhibit
„A,.
Section 2. That the execution of
said Lease for and on behalf of
the City of Dubuque, Iowa by the
City Manager, Gilbert D. Chaven-
elle, be and the same is hereby
authorized, empowered, ratified
and confirmed.
Passed, approved and adopted
this 2nd day of January 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, Councilman
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
16 Adjourned Regular Session January 2, 1973
Proof of Publication, certified to
by the Publisher, of Notice of Levy
of special assessment and intention
of the City Council to issue bonds
to pay for cost of constructing
City of Dubuque 1972 Concrete Pav-
ing with integral curb project No.
1, Grandview Avenue from W.P.L.
of Southern Avenue to the S.P.L.
of Whelan Street, presented and
read. Councilman Pregler moved
that the proof of publication be
received and filed. Seconded by
Mayor Bitter. Carried by the foll-
owing vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Statement of City Clerk certify-
ing that notices of public hearing
and of levy and intention of the
Council to issue bonds were mailed
by certified mail on December 7,
1972, to property owners of record
subject to assessment to pay for
cost of constructing City of Dubu-
que 1972 Concrete Paving with In-
tegral Curb Project No. 1, Grand-
view Ave, from Southern Ave. to
Whelan Street, presented and read.
Councilman Pregler moved that
the statement be received and fil-
ed. Seconded by Mayor Bitter. Car-
ried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
Statement of Ray Rampson, a
member of the Engineering De-
partment, certifying that notices
of assessment and levy were posted
in the assessable area of City of
Dubuque 1972 Concrete Paving with
Integral Curb Project No. 1 Grand.
view Ave. from Southern Ave. to
Whelan Street on December 11,
1972, presented and read. Council.
man Pregler moved that the state.
ment be received and filed. Se-
conded by Mayor Bitter. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Communication of William H. &
Laura C. Hendricks objecting to
Grandview Avenue assessment be.
cause the street was paved with
concrete, rather than asphalt, even
though asphalt paving was origin
ally considered and their asses,
Ment would have been 15 percent
to 20 percent less, presented and
read.Councilman Pregler moved
that the communication be receiv.
ed and filed and all objections
to the project overruled. Seconded
by Mayor Bitter. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thorns.
Nays—None.
RESOLUTION NO. 9.73
Schedule of Assessments
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBU-
QUE: IOWA: that to pay for con-
struction of CITY OF DUBUQUE
1972 CONCRETE PAVING WITH
INTEGRAL CURB PROJECT NO.
1, Grandview Avenue from the W
P.L. of Southern Ave. to the S.P.L,
of Whelan Street by CEDAR VAL.
LEY CORPORATION, contractor
in front of and adjoining the same.
a special tax be and is hereby
levied on the several lots, and
parts of lots, and parcels of real
estate all as named, situated and
owned, and for the several amounts
set opposite each lot or parcel
of real estate as set forth in the
following schedule.
City of Dubuque 1972 Concrete
Paving with Integral Curb Project
No. 1—Grandview Avenue from
the WPL'of Southern Avenue to
the S.P.L. of Whelan Street
Construction Cost: Assessable
Share $140,028.81; City Share $260-
947.61; Project Total $400,976.42
Engineering Expense: Assessable
Share $11,202.30; City Share $24,-
816.34; Project Total $36.018.64
5% Interest 52 days: Assessable
Share $1,011.32; City Share 0; Proj-
ect Total $1,011.32
Carry-over: Assessable Share 0;
City Share $6,000.00; Project Total
$6,000.00
Extra Work: A-ssessable Share 0;
City Share $4,587.73; Project Total
$4,587.73
Total Cost: Assessable Share
$152,242.43; City Share $296,351.68;
Project Total $448,5614.11
City lots and Def.: City Share
$1,241.43
Total Cost: Assessable Share
$151,001.00; City Share $297,593.11;
Project Total $448,594.11
Russell M, and Marjorie M.
Kirmse, Lot 2-5, Mineral
Lot 22 ................................ 490.54
Adjourned Regular Session January 2, 1973
,tames D. and Marcia J.
105.07
White Lot 2-1.5, Mineral
Lot 22 ...............................
566.93
Gerald A. and Cecelia Pugs-
105.07
ley, Lot 2-1-1-5, Mineral
Lot 22 ................................
175.91
John B. and Lois M. Drex-
ler, Lot 2-1-1-1.5, Mineral
Lot 22 ................................
43.73
,lames D. and Marcia White,
Lot 1-3. Mineral Lot
24 ........................................
521.35
Russell M. and Marjorie M.
Kirmse Lot 2-3, Mineral
Lot 24 ................................
604.83
Elsie L. Bavendick, Lot
1-A-1-1-1, Mineral Lot
753.63
24 ......................................
1147.91
E. J. and Pearl Connelly,
Lot 2-1-1-8 1-1-1, Mineral
Lot 24 ................................
2060.56
Paul E. and Virginia M.
Toepel, Lot 1, Broadview
Addition ............................
816.38
Paul E. and Virginia M.
Toepel, Lot N.25'-2,
Broadview Addition ........
408.19
Wm. J. and Mildred Arndt,
Lot S.25'-2, Broadview
Addition ............................
4(18.19
Wm. J. and Mildred Arndt,
Lot 3, Broadview Addi-
tion....................................
816.38
Anna and John Appel, Lot
4, Broadview Addition ....
816.38
George Earl Robey and
Susanna Horton Robey,
Lot 5 Broadview Addition
816.38
Victor Charles 191 and Lois
Lorraine Pierrot, Lot 6,
Broadview Addition ........
816.38
Horacio M. and Rose J.
Gonzales, Lot 7, Broad-
view Addition ..................
816.38
Horacio M. and Rose J.
Gonzales, Lot 8, Broad-
view Addition ..................
816.38
Thomas J. and Margaret A.
Benda, Lot 9, Broadview
Addition ............................
768.25
'Phomas J. and Margaret A.
Benda, Lot 10, Broadview
Addition ............................
766.27
James J. a n d Modena
Koutre, Lot 11, Broad-
view Addition ..................
762.72
James J. a n d Modena
Koutre, Lot 12, Broad-
view Addition ................
750.51
Richard N. and Cath. Para.
dise, Lot 13, Broadview
Addition ............................
764.70
Richard N. and Cath. Para-
dise, Lot 14, Broadview
Addition ............................
761.30
Joan Darrow (survivor),
Lot, 15, Broadview Addi.
tion....................................
Joan Darrow (survivor),
I.ot 2-16, Broadview Ad-
dition................................
Wm. E. and Pearl L. Ma-
this, Lot 1.16, Broadview
Addition ............................
Wm. E. and Pearl L. Ma-
this, Lot 2-17, Broadview
Addition ............................
Wm. E. and Pearl L. Ma-
this, Lot 1-1-17, Broad-
view Addition ..................
Norman T. and Ann Bain-
bridge, Lot 2-1-17, Broad-
view Addition ..................
Norman T. and Ann Bain-
bridge, Lot 2-18, Broad-
view Addition ..................
Norman T. and Ann Bain-
bridge, Lot 1-18, Broad-
view Addition ..................
Norman T. and Ann Bain-
bridge, Lot 19, Broad-
view Addition .................
Norman T. and Ann Bain-
bridge, Lot 2-1-20, Broad-
view Addition ..................
Dubuque County, Lot 2.20
Broadview Addition ........
Frederick L. and Lucie E.
M. Chenery, Lot 1-A
Broadview Addition ......
Thomas J. and Margaret A,
Benda, Lot 2-1, Sunrise
Place..................................
Horacio M. and Rose J.
Gonzales, Lot 2-1-1, Sun-
rise Place ..........................
Vitcor Charles III and Lois
Lorraine Pierrot Lot 1-
I -M
759.31
151.78
608.38
160.72
489.83
113.58
163.28
571.47
465.13
620.88
70.42
139.00
169.95
210.13
1-1...................... ..............
105.07
George Earl Robey and
Susanne Horton Robey,
Lot 1.2-1.2, Sunrise Place
105.07
Anna and John B. Appel,
Lot 1-1.1-2 Sunrise Place
105.07
„Wm. J. and Mildred E.
Arndt, Lot 2-1-1-2, Sun-
rise Place ..........................
110.66
Paul E. and Virginia M.
Toepel, Lot 2-2, Sunrise
Place.... ..............................
159.87
Joe V. and Mary Keppler,
Lot 1-1, J. V. Kepplers
Plage .1759.56
Helen M. Scherrer, Lot 1-2-
1, Robinsons Subdivision..
753.63
ffelen M. Scherrer, Lot 2-2-
1.1-1, Robinsons Subdivi-
sion ...................
is Adjourned Regular Session January 2, 1973
Robert A. and Mary R.
Burgmeier, Lot 2-1.1,
Robinsons Subdivision ....
Robert A. and Mary R.
Burgmeier, Lot 1.2-1-1-1,
Robinsons Subdivision ....
Robert A. and Mary R.
Burgmeter, Lot, 2-2-2-1-1-
1-1, Rabinsons Subdivi.
sion....................................
Lucy T. Paradise, Lot 2.2-1,
Robinsons Subdivision ....
Lucy T. Paradise, LM 1-2.2-
1111, Robtnsons Subdi-
vision..................................
Leroy E. and Lucille Vyver-
berg, Lot 1-2-1-1-1-1, Rob-
binsons Subdivision ........
John S. and Pamela A. Ad-
ams, Lot 21-1.1-1.1, Rob-
insons Subdivision ............
John S. and Pamela A. Ad-
ams, Lot N. 10'-21-1-1-1-
]-1, Robinsons Subdivi-
sion....................................
Eugene A. and Mabel J.
Gifford, Lot S. 50'-2-1-1-
]-1-1-1, Robinsons Subdi-
vision ..................................
Hazel M. Roth Lisberger,
Lot N.W. %-21-2, Robin-
sons Subdivision ..............
Hazel M. Roth Lisberger,
Lot N.W. 1f2-2-1-1.2, Rob-
insons Subdivision ..........
Judith A. Wcodward, Lot
S.E. %-2-1-2, Robtnsons
Subdivision ........................
Judith A. Woodward, Lot
S.E. %-2.1-1-2, Robinsons
Subdivision ........................
Lorraine Nesler (survivor),
Lot 2-2-1-1-1-2, Robinsons
Subdivision ........................
Lorraine Nesler (survivor),
Lot N. 20'-1-2.1-1-1-2, Rob-
insons Subdivision ..........
Elizabeth C. Loosbrock, Lot
S. 40'-1-2-1-1-1-2, Robin.
sons Subdivision ...........
Elizabeth C. Loosbrock, Lot
2-1-1-1.1-2, Robinsons Sub
division .............................
Myrtle I. Dockal and Glady:
R. Schepler, Lot 1-1, Fal
dorf's Place .....................
Betty R. McKay, Lot 4, In
than Hills Block #7 .......
Lynn S. and Kathryn R
Fuller, Lot 2-4, Minera
Dale J. and Shirley R. Nil -
les, Lot 2-1-1.1-4, Mineral
694.71 I Lot 28 ................................ 961.91
John A. and Carol Lee
Flynn, Lot 1.1-1-1-4, Alin.
208.43
11.07 'I
10.51
323.43
123.52 i
71.27
I
10.65
14.48
908.67
162.99
908.67
154.33
84.62
21.01
36.20
4.12
2947.50
60.63
Lot 28 ................................2215.88
Margaret M. Reu, Lot 2-1.4,
Mineral Lot 28 ................ 985.62
Margareta Kenna et al, Lot
2.1-1-4, Mineral Lot 28.... 979.04
eral Lot 28 .............. 1046.96
Edwin J. and Lorrayne A.
Koerperick, Lot 1-7, For-
estView• ............................
Joseph J. and Lucille M.
Kieley, Lot 2-7, Forest
View..................................
John and Verna F. Christ-
ensen, Lrt AU., Christen-
senPlace ..........................
Steve A. Jr. and Marijo
O'Brien, Lot 1-2-1-1, Lees
Subdivision ........................
Wayne and Marlene J. Shot'
anus, Lot 2-2-1-1, Lees
Subdivision ........................
Wayne and Marlene J. Shot -
anus, Lot 1-Z-1, Lees Sub-
division ............................
Steve A. Jr. and Marijo
O'Brien, Lot 2-2-1, Lees
Subdivision ........................
Louis F. and Lorraine E.
Fautsch, Lot I-2, Lees
Subdivision ........................
LeRoy E. and Cheryl D.
Kraske, Lot 1-3, Lees
Subdivision ........................
Florence A. and Dorothea
M. Gindorff, Lot 1-4, Lees
Subdivision ........................
John and Verna F. Christ-
ensen cont: John Howard
and Lois R. Christensen,
Lot 1-5, Lees Subdivision
Christ and Katerina Boggs,
Lot 1, E. Ryans Subdivi-
sion....................................
Thomas Bogas, Lot 1A, E.
Roans Subdivision ..........
Earl A. and Mary Hend-
ricks, Lot 2, E. Ryans
Subdivision ........................
Earl A. and Mary Hend-
ricks, Lot S%-3, E. Ryans
Subdivision ........................
Kenneth A. and Helen
Hartig, Lot N%-3, E. Ry-
ans Subdivision ................
Kenneth A. and Helen
Hartig, Lot 1-4, E. Ryans
Subdivision ........................
Kenneth A. and Helen
Hartig, Lot 2-4, E. Ryans
Subdivision ........................
Clifford C. and Jeanette M.
Healey cont: Jerry L.. and
Catherine Bartlett, Lot 5,
E. Ryans Subdivision ....
9.23
31.80
16.75
55.38
1.28
873.18
12.9'1
833.56
833.56
833.56
784.44
816.38
136.87
917.62
458.74
458.74
816.38
10123
917.62
Adjourned Regular Session January 2, 1973
19
Clifford C. and Jeanette M.
Steve A. Jr. and Marijo
Healey cont: Jerry L. and
O'Brien, Lot 58, Grand -
Catherine Bartlett, Lot 6,
view Heights Add.............
727.22
E. Ryans Subdivision ....
917.62.
Steve A. Jr. and Marijo
Joseph A. Rhomberg Jr.,
O'Brien. L o t 1.1-59,
Lot 1-7, E. Ryans Subdi-
Grandview Heights Add.
612.36
vision................................
816.38
Wayne E. and Marlene J.
Clifford C. and Jeanette M.
Schotanus, Lot 2,1-5p,
Healey cont: ,terry L. and
Grandview Heights Add.
47.56
Cathy Bartlett, Lot 2-7,
E. and Marlene J.
E. Ryans Subdivision ....
iWayne
43.90
Schotanus, Lot 2-59,
Raymond F. and Thelma
Grandview Heights Add.
53.95
Byrne Trapp, Lot 1-8, E.
Gary W. Newt, Lot 1, R.
Ryans Subdivision ............
816.38
Jones Subdivision ............
1190.22
Clifford C. and Jeanette M.
John A. and Joan M. Scho.
Healy cont: Jerry L. and
en, Lot 2, R. ,Tones Sub-
Oatherine Bartlett, Lot
2-8, E. Ryans Subdivision
92.57
division ..............................
John A. and Joan M. Scho-
123.52
Carl G. and Alice Fuhrman,
en, Lot 1.3, R. Jones Sub-
Lot 1-9, E. Ryans Subdi-
division ..............................
39.33
vision..................................
796.92
John A. and Nancy E.
Clifford C. and Jeanette M.
Frommelt, Lot 2-3, R.
Healey cont: Jerry L. and
Jones Subdivision ............
21.72
Catherine Bartlett, Lot
John A- and Nancy E.
2.9, E. Ryans Subdivision
23.00
Frommelt, Lot 4, R. Jones
Carl G. and Alice Fuhrman,
Subdivision ........................
43.73
Lot 10, E. Ryans Subdi-
Wm. A. and Margt. Clark,
vision..................................
191.96
Lot 1-5, R. Jones Subdi-
Frederick L. and Lucie E.
vision..................................
17.89
M. Chenery, Lot 1-1, Min-
John A. and Nancy E.
real Lot 32 ........................
830.72
Frommelt, Lot 2-5, R.
Wm. H. and Laura C. Hend-
Jones Sub. ........................
1.99
ricks, Kenneally's Sub...
1848.30
Donald C. and Jeanette M.
LAVerne J. Ryder, Lot 1-2,Meyer,
Kenneally's Sub. ............1400.06
Lot 15, R. Jones
Sub. ....................................
32.66
I.ee M. and Judith C. Me-
I
Donald C. and Jeanette M.
I>ermott, Lot 2-2, Ken-
i
Meyer, Lot W. 25'-16, R.
neally's Sub. ....................
960.94 !
Jones Sub. ........................
14.62
Edna Douglass Zuker, Lot
!
Paul J. and Lavon D.
1, Grandview Heights
Laube, Lot E. 25'-16, R.
Add. ....................................1489.78
Jones Sub. ........................
19.17
Albert V. Anderson, Lot 2,
Paul J. and Lavon D.
Grandview Heights Add.
892.91
Laube, Lot 17, R. Jones
Sub.
369.86
E. J. and Lorraine K. Wil
....................................
Marijorie S. Schweitering,
son, Loi 3, Grandview
(Survivor), Lot 1, Mt.
Heights Add. ............... .
170.80
Vernon Ct. ........................
769.96
Don T. Patrick and Helen
Marijorie S. Schweitering,
C. Steele, Lot 4, Grand-
(Survivor), Lot 2, Mt.
view heights Add. ........
67.16
Vernon Ct. ........................
905.41
Christy F. and Barbara M.
Robert H. and Agnes
Armstrong, Lot 53,
MoehL, Lot 1.3, Mt. Vern-
Grandview Heights Add.
724.10
on Ct.................................
115.86
Arthur C. and Naxwy L.
John A. and Joan M. Scho-
Whalen, Lot 54, Grand-
en, Lot 1-2.3, Mt. Vernon
view Heights Add. ........
784.44 j
Ct........................................
11.78
Joe. and Ann Manhart cont:
John A and Nancy E,
Henry D. Powell, Lot 55,
Frommelt, Lot 2-2-3, Mt.
Grandview Heights Add.
784.43
Vernon Ct. ........................
3.12
Berta A. 'Zimmer and Mona
Robert H. and Agnes
Arbogast, Lot 56, Grand-
Moehl, Lot 1-1+1 Mt.
view Heights Add. ........
784.44
Vernon Ct. ........................
44.58
Steve A. Jr. and Marijo
John A. and Nancy E.
O'Brien, Lot 57, Grand.
Frornmelt, Lot 2.1.4, Mt.
view Heights Add.............
784.44
Vernon Ct. ........................
2.84
20 Adjourned Regular Session January 2, 1973
J. W. and Carol D. Hagerty,
Frank T. and Georgette S.
Lot 24, Mt. Vernon Ct...
11.07
Hardie, Lot 2, Grandview
.i. W. and Carol D. Hagerty,
Park Add. Blk. #3 ........
356.37
Lot 5, Mt. Vernon Ct.....
19.45
Frank T. and Georgette S.
Bernard B. Rhomberg, Lot
Hardie, Lot 3, Grandview
9, Mt. Vernon Ct.............
26.55
Park Add. Blk. #3 ........
359.49
Jos. F. and Bernice Brink-
i
Helen Meisch, Lot 4, Grand-
moeller, Lot 10, Mt. Vern-
view Park Add. Blk. #3 ..
361.06
on Ct.................................
93.56
Helen Meisch, Lot 5, Grand -
Leslie Albert and Elizabeth
view Park Add. Blk. #3 ..
362.33
An n Kessler, Lot 1,
'
Thomas J. and Sandra J.
Grandview Park Add. .... 299.15
Ziegenfuss, Lot 6, Grand -
Leslie Albert and Elizabeth
view Park Add. Blk. 03 ..
363.75
An n Kessler, Lot 2,
Thomas J. and Sandra .1.
Grandview Park Add.....
372.98
Ziegenfuss, Lot N. 20'-7,
Robert D. and Mary Rita
Grandview Park Add.
Zehentner, Lot 3, Grand-
Blk. #3 ..............................
292.19
view Park Add. Blk.
Bernard W. and Bernice
#2........................................
371.70
C. McCoy, Lot S. 5'-7,
Robert D. and Mary Rita
I
Grandview Park Add.
Zehentner, Lot 4, Grand-
Blk. #3 ..............................
72.98
view Park Add. Blk.
Bernard W. and Bernice
#2 ........................................
370.43
C. McCoy, Lot 8, Grand -
Robert D. and Mary Rita
view Park Add. Blk. 03 ..
366.45
Zehentner, Lot 5, Grand-
Bernard W. and Bernice
view Park Add. Blk.
C. McCoy, I.ot 9, Grand -
#2 ........................................
370.43
view Park Add. Blk. #3 ..
367.87
Robert D. and Mary Rita
Bernard W. and Bernice
Zehentner, Lot 6, Grand.
C. McCoy, Lot 10, Grand-
view Park Add. Blk.
view Park Add. Blk. #3 ..
369.15
#2 ..................... .................
369.15
Michael Joseph and Mary
Lloyd B. and Roma M.
Clarice Sullivan, Lot 11,
Wertz, Lot 7, Grandview
Grandview Park Add.
Park Add. Blk. #2 ..........
367.87
Blk. #3 ..............................
370.43
Lloyd B. and Roma M.
Michael Joseph and Mary
Wertz, Lot 8, Grandview
Clarice Sullivan, Lot 12,
Park Add. Blk. #2 ..........
366.45
Grandview Park Add.
Thomas R. and Patricia
Blk. #3 ..............................
371.70
Berry, Lot 9, Grandview
Irvin A. and Lucille Oeth,
Park Add. Blk. #2 ..........
365.17
Lot 13, Grandview Park
'Phomas R. and Patricia
Add. Blk. #3 ....................
373.83
Berry, Lot 10, Grandview
Irvin A. and Lucille Oeth,
Park Add. Blk. #2 ..........
363.75
Lot 14, Grandview Park
Michael E. and Joyce L.
Add. Blk. #3 ....................
375.54
Brooks, Lot 11, Grand-
Irvin A. and Lucille Oeth,
view Park Add. Blk. #2 ..
362.33
Lot 15, Grandview Park
Michael E. and Joyce L.
Add. Blk. #3 ....................
376.67
Brooks, Lot 12, Grand.
Irvin A. and Lucille Oeth,
view Park Add. Blk. #2
361,06
Lot 16, Grandview ParkAdd.
..
Blk. #3
604.69
Wilfred Knepper, Lot 13,
....................
Emma A. and Melba Brad.
Grandview Park Add.
ley, Lot 1, Grandview
Blk. #2 ..............................
359.49
Park Add. Blk. #4 ........
375.54
Wilfred Knepper, Lot 14,
Emma A. and Melba Brad -
Grandview Park Add.
ley, Lot 2, Grandview
Blk. #2 ..............................
357.93
Park Add. Blk. #4 ........
375.54
Andrew and Eleanor Pou-
Emma A. and Melba Brad.
los, Lot 15, Grandview
ley, Lot 3, Grandview
Park Add. Blk. #2 ........
356.37
Park Add. Blk. #4 ........
376.67
Andrew and Eleanor Pau-
David and Dora Solomon,
los, Lot 16, Grandview
Lot 4, Grandview Park
Park Add. Blk. #2 ........
354.95
Add. Blk. #4 ....................
376.67
Frank T. and Georgette S.
David and Dora Solomon,
Hardie, Lot 1, Grandview
Lot 5, Grandview Park
Park. Add. Blk. #3 ........
354.95
Add. Blk. #4 ....................
377.95
Adjourned Regular Session
January 2, 1973
21
David and Dora Solomon,
I Ernest G. and Frances C.
Lot 6, Grandview Park
Hauber, Lot 7, Grandview
Add. Blk. #4 ....................
377.95
Park Add. Blk. #5 ........
356.51
A. William and Margaret
Ernest G. and Frances C.
March cont: Roger T. and
Hauber, Lot 8, Grandview
Mildred V. Graham, Lot
Park Add. Blk. #5 ........
356.51
7, Grandview Park Add.
Paul J. and Mary Jane Beit-
Blk. #4 ..............................
379.09
zel, Lot % Grandview
A. William and Margaret
Park Add. Blk. #5 ........
3`56,51
March cont: Roger T. and
Paul J. and Mary Jane Beit -
Mildred V. Graham, Lot
zel, Lot 10, Grandview
8, Grandview Park Add.
Park Add. Blk. #5 ........
356,51
Blk. #4 ..............................
379.09
Leo and Agnes Teeling, Lot
,Julien Investment Co. cont:
11, Grandview Park Add.
Louis S. and Barbara M.
Blk. #5 ..............................
322.86
Moscoso, Lot 9, Grand-
Leo and Agnes Teeling, Lot
view Park Add. Blk.
12, Grandview Park Add.
#4 ........................................
380.36
Blk. #5 ..............................
378.23
Julien Investment Co. cont:
Edw. H. and Alta M. Dare,
Louis S. and Barbara M.
Lot 13, Grandview Park
Moscoso, Lot 10, Grand-
Add. Blk. #5 ....................
340.75
view Park Add. Blk.
Edw. H. and Alta M. Dare,
#4 ........................................
381.64
Lot 14, Grandview Park
Wm. F. and Frieda A.
Add. Blk. #5 ....................
329.68
Goetz, Lot 11, Grandview
City Engine House, Lot 15,
Park Add. Blk. #4 ........
381.64
Grandview Park Add
Wm. F. and Frieda A.
Blk. #5 ............................
200.23
Goetz, Lot 12, Grandview
City Engine House, Lot 16,
Park Add. Blk. #4 .......
381.64
Grandview Park Add
Howard and Lena McCar-
............................
Blk. #5312.92
ron, Lot 13, Grandview
Park Add. Blk. #4
381.64
City Engine House, Lot 17,
.......
Howard and Lena McCar-
GraGra vi ndview Park Add.
ron, Lot 14, Grandview
.
"" """""""
343.31
Park Add. Blk. #4 ........
381.64
City Engine House, Lot 18,
Margaret L., Gnam, Mary
Grandview Park Add
M. Burke, and Ken J.
Blk. #5 ............................
280.69
Burke, Lot 15, Grandview
Kaye L and Sue E. Miller,
Park Add. Blk. #4 ........
381.64
Lot 8, Grandview Park
Margaret L., Gnam, Mary
Add. Blk. #6 ....................
0.85
M. Burke, and Ken J.
Mathias J. and Mary L.
Burke, Lot 16, Grandview
Neyens, Lot 9, Grandview
Park Add. Blk. #4 ........
205.26
Park Add. Blk. #6 ........
6.39
Cletus R. and Germaine A.
Mathias J. and Mary L.
Heying cont: Jeanette L
Neyens, Lot 10, Grand-
O'Hea a n d Karla K.
view Park Add. Blk. #6
18.88
Berns, Lot 1, Grandview
..
Park Add. Blk. #5 ..........
356.51
a
Carl and Agatha E. Wil
Cletus R. and Germaine A.
liamson, Lot , Grand -
Keying cont: Jeanette L.
view Park Add. #6 ..
35.92
O'Hea a n d Karla K.
Carl and Agatha E. Wil -
Berns, Lot 2, Grandview
liamson, Lot 12, Grand -
Park Add. Blk. #5 ..........
356.51
view Park Add. Blk. #6 ..
128.78
Joseph and Florence M.
Mary A. and Bertha De -
Lytle, I..ot 3, Grandview
laney, Lot 13, Grandview
Park Add. Blk. #5 ..........
356.51
Park Add. Blk. #6 ........
300.43
Joseph and Florence M.Mary
A. and Bertha De -
Lytle, Lot 4, Grandview
laney, Lot 14, Grandview
Park Add. Blk. #5 ..........356.51
Park Add. Blk. #6 ........
375.54
Harold E. and Geraldine L
Mary A. and Bertha De-
Hackbarth, Lot 5, Grand-
laney, Lot 15, Grandview
view Park Add. Blk. #5 ..
356.51
Park Add. Blk. #6 ........
375.54
Harold E. and Geraldine L.
Mary A. and Bertha De-
Hackbarth, Lot 6, Grand-
laney, Lot 16, Grandview
view Park Add Blk. #5 ..
356.51
Park Add. Blk. #6 ........
375.54
22 Adjourned Regular Session January 2,197:3
Bart D. and Hazel M. Grote,
Lot 17, Grandview Park
Add. Blk. #6 ................I... 375.54
Bart D. and Hazel M. Grote,
Lot 18, Grandview Park
Add. Blk. #6 ....................
Harold G. and Jeanette
Kutseh, Lot 19, Grand-
view Park Add. Blk. #6 ..
Harold G. and Jeanette
Kutsch, Lot 20, Grand-
view Park Add. Blh. #6 ..
Carl J. and Phyllis R. Han-
an, tat 21, Grandview
Park Add. Blk. #6 ...
Carl J. and Phyllis R. Han-
son, Lot N 20'-22, Grand-
view Park Add. Blk. #6 ..
John Philip and Lavon
Armstrong, I.ot S 5'-22.
Grandview Park Add.
Blk. #6 ..............................
John Philip and Lavon
Armstrong, Lot 23,
Grandview Park Add.
Blk. #6 ............................
Leo and Dorothy Cox, Lot
24, Grandview Park Add.
Blk. #6 ..............................
Leo and Dorothy Cox, Lot
25, Grandview Park Add.
Blk. #6 ..............................
Leo and Dorothy Cox, Lot
36, Grandview Park Add.
Blk. #E6 ..............................
Leo and Dorothy Cox, Lot
27, Grandview Park Add.
Blk. #6 ..............................
Arabell Weber (Survivor),
Lot 13, Grandview Park
Add. Blk. #15 ................
Arabell Weber (Survivor),
Lot 14, Grandview Par
Add. Blk. #15 ...............
Vincent J. and Ruth Con-
nolly, Lot 15, Grandvie
Park Add. Blk. #15 .......
Vincent J. and Ruth Con
nolly, Lot 16, Grandvi
Park Add. Blk. #15 .......
Vincent J. and Ruth Con
nolly, Lot 17, Grandvie
Park Add. Blk. #15 .......
Chester G. and Wilma A
Robinson, Lot 18, Grand
view Park Add. Blk
#15 .....................................
Chester G. and Wilma A
Robinson, Lot 19, Grand
view Park Add. Bib
#15 ....................................
Cheater G. and Wilma A
Robinson, Lot 20, Grand
view Park Add. B3
#15 ....................................
37.5.54
I
375.54
37,5.54
368.86
274.45
66.30
307.81
4.97
17.75
7.67
2.13
6.39
k
13.06
w
17.32
ew
24.99
w
37.34
63.18
58.64
25.27
George A. and Louise A_
Snyder, Lot 21, Grand-
view Park Add. Blk.
#15 ...................................... 375.54
George A. and Louise A.
Snyder, Lot 22, Grand-
view Park Add. Blk.
#15 ...................................... 375.54
William N. and Jane Ann
Duggan, Lot 23, Grand-
view Park Add. Blk.
#15 ...................................... 375.54
William N. and Jane Ann
Duggan, Lot 24, Grand-
view Park Add. Blk.
#15 ...................................... 375.54
Harry K and Dora Datis-
man, Lot 25, Grandview
Park Add. Blk. #15 ........
375.54
Harry E. and DoraDatis-
man, Lot N 20'-26, Grand-
view Park Add. Blk.
#15 .....................................
300.43
Clement and Marie C. Mc-
Cauley, Lot S 5'-26,
Grandview Park Add.
Blk. #1.5 ..........................
75.53
Clement and Marie C. Mc-
Cauley, Lot 27, Grand-
view Park Add. Blk.
#15 ......................................
379.09
c-
Clement and Marie C. Mc-
Cauley, Lot Nei -28,
Cauley,
Grandview Park Add.
Blk. # 15 ............................
254.00
John F. a nd Phyllis A.
Juergen, Lot S%-28,
Grandview Park Add.
Blk. #15 ..........................
254.00
John F. a nd Phyllis A.
Juergen, Lot 29, Grand-
view Park Add. Blk.
#15 ......................................
386.04
Dubuque Golf Club, Lot 30,
Grandview Park Add.
Blk. #15 ............................
106.77
Dubuque Golf Club, Lot 31,
Grandview Park Add.
Blk. #15 ............................
49.55
Dubuque Golf Club, Lot 32,
Grandview Park Add.
Blk. #15 ............................
39.90
Dubuque Golf Club, Lot 33,
Grandview Park Add.
Wk. #15 ............................
32.23
Dubuque Golf Club, Lot 34,
Grandview Park Add.
Blk. #15 ............................
28.96
Dubuque Golf Club, Lot 35,
Grandview Park Add.
BIR. #15 ............................
25.13
Dubuque Golf Club, Lot 36,
Grandview Park Add.
Blk. #15 ............................
16.90
Adjourned Regular Session January 2, 1973 23
Dubuque Golf Club, Lot 37,
Douglas J. and Carole A.
Grandview Park Add.
I Crosby, Lot 7, Columbia
Blk. # 15 ............................
4.26
I Add.....................................
681.50
Dubuque Golf Club, Lot
Louis F. and Marcella M.
ALL, Grandview Park
Konzen, Lot 8, Columbia
Add. 131k. #18 ....................
7.95
Add.....................................
681.50
Dubuque Golf Club, Vacat-
Geo. N. and M. L. Reilly,
ed Morgan St . ................
74.11
Lot 9, Columbia Add. ..
881.50
Barbara C. and Michael A.
Josephine Flanigan a n d
Stapelton, Lot 1-1.1,
I Ann McQuillen, Lot 10,
Stapleton Sub . ................
885.25
................
Columbia Add.681.50
Frank R. and .Janice L.
Dorothea F. Cyril and Bur -
Robinson, Lot 2. Staple.
ton R. McQuillen, Lot
ton Sub. ............................
64.74
11, Columbia Add.............
881.50
Dorothy Digman, Lot 2.1-1,
Stapleton Sub . ................
706.90
Delmar S. and Mary C.
O'Hea, Lot 12, Columbia
Donald B. and Frances
Add .....................................
681.50
Tauke, Lot 1, Finns Sub-
Francis J. and Aileen M.
division ..............................
709.90
Murphy, Lot 13, Colum -
E. E. and Lelah F. Deegan,bia
Add. ............................
695.70
Lot 3, Finns Subdivi.
Herbert E. and Ruth M.
&ion ....................................
709.90
Herber, Lot 14, Columbia
Merlyn B. and Elizabeth
Add . ....................................
995.70
A. Kurt, Lot 1.4, Finn;
John Robert and Jaqueline
Subdivision .......................
834.13
Joan Daykin, Lot 15, Co -
F E. and Lelah F. Deegan,
lumbia Add . ....................
66021
Lot 2.4, Finns Subdivi.
Robert E. Sullivan (Sur-
sion ....................................
55.51
I vivor) Cont: Welsh En -
James J. and Prudence L.
terprises, Inc., Lot 1,
McGeeney, Lot 2-1, Coates
Sullivan Sub .....................
768.82
Place ..................................
709.90
Loras F and Doris M. Hart -
Roland M. and Dorothy E.
man, Lot 1-2, Sullivan
Zapf, Lot 2-1-1, Coates
Sub . ....................................
48.56
Place ..................................
28.40
Severin Erschen, Lot 3,
David M. and Elaine A,
Sullivan Sub .....................
133.44
Hunt, L o t 2, Coates
Loras E. and Doris M. Hart -
Place ..................................
709.90
man, Lot 4, Sullivan
Charles and Irene McDer-
Sub . ....................................
992.87
mott, Lot S 50'-1-3, Min-
Loras E. and Doris M. Hart-
eral Lot 31 ........................
954.25
man, Lot 1-5, Sullivan
P a u 1 J. and Margaret
Sub . ....................................
1023.25
Dodds, I.ot 2-3, Mineral
Loras E. and Doris M. Hart -
Lot 31 ................................
1835.09
man, Lot 2.5, Sullivan
David M. and Elaine A.
Sub . ....................................
17.32
Hunt, Lot 2-1-2-1-1-2, Min.
Leo J. Dwyer, Lot 2r2, Min,-
eral Lot 31 ........................
28.40
eral Lot 47 ......................
7.24
Florence L. Meyer, Lot 1-2,
Orla Stamp, Lot 1-2-3, Min -
2 -1-1-2, M i n e r a l Lot
eral Lot 47 ........................
410.18
31 ........................................
1063.00
Ralph F. and Lula C. Woh-
Helene Fleckenstein (Sur-
lers. Lot 2-2-3. Mineral
vivor), Lot 2-2-2-1-1-2,
Lot 47 ..................... ..... I...
199.62
Mineral Lot 31 ................
855.71
Earl J. and Harriet F. Rog -
T. J. and Lou Ap. n Stapes-
ers, Lot 1, Dillon Sub. ..
583.96
ton, Lot 2-2, Mineral Lot
Helen A. Sandy (Survivor),
31 ........................................
706.90
Lot 2, Dillon Sub.............
580.41
William J. and Dorothea A.
Joseph F. and Lyola M-
Vonah, Lot N30'-9, Co-
Gard, Lot 4, Grandview
lumbia Add .......................
425.94
Ave. Add. ........................
816.38
Michael S. and Jo Ann M.
Joseph F. and Lyols M.
McCauley, Lot 6, Colum-
Gard, Lot 4A, Grandview
bia Add...................... .......
681.50
Ave. Add . ........................
12.21
Michael S. and Jo Ann M.
Dean A. and Kathryn A.
McCauley, Lot S10'-5,
Schantz, Lot 5, Grand -
Columbia Add. .. ............
141.98
view Ave. Add.................
816.38
24 Adjourned Regular Session January 2, 1973
Dean A. and Kathryn A.
Schantz, Lot 5A, Grand-
view Ave. Add .................
James W. and Jean A.
Turner, Lot 6, Grandview
Ave. Add . ........................
,Tames W. and Jean A.
Turner, Lot 6A, Grand-
view Ave. Add .................
Wilfred Knepper, Lot 7,
Grandview Ave. Add. ....
John Knepper, Lot 7A,
Grandview Ave. Add. ....
Herbert J. and Adel C.
Neenan, Lot 8, Grand.
view Ave. Add .................
Henry N. Pauly Cont: Rob-
ert E. and Marietta A.
Cahill, Lot 9, Grandview
Ave. Add . ........................
John J. and Alberta (Jae-
ger) Stemm, Lot 10,
Grandview Ave. Add. ....
Paul A. Kasel, Lot 11,
Grandview Are. Add. ...
Ralph F. and Lula C. Woh-
lers, Lot S.10"-13, Grand-
view Ave. Add .................
James R. and Marguerite
A. Gilloon, Lot 42, Grand-
view Ave. Add .................
James R. and Marguerite
A. Gilloon, Lot 1-43,
Grandview Ave. Add. ....
James R. and Marguerite
A. Gilloon, L o t 42A,
Grandview Ave. Add. ...
Anthony W. and Wilma C.
Kenyon, Lot 1-44, Grand-
view Ave. Add .................
Donald I. and Mary Harje-
hausen, Lot 2, Grand-
view Ave. Heights ..........
Michael W. and Dianne
Marie Luedtke, Lot 3,
Grandview Ave. Heights
Jos. J. and Rosemary Ric
ard, Lot 4, Grandvie
Ave. Heights ...................
Fred L. Jr. and Phyllis E
Moser, Lot 5, Grandvie
Ave. Heights ...................
Wayne S. and Loretta M
Benschneider, Lot 6
Grandview Ave. Height
Wayne S. and Loretta M
Benschneider, Lot 7
Grandview Ave. Heigh
Jerry F. and Judith B. Zie
enhorn, Lot 8, Grandview
Ave. Heights ....................
Larry E. and Helen L. lal
well, Lot 9, Grandvie
Ave. Heights ..................
12.21
i
816.38
12.49
816.38
12.49
i
816.38
I
812.84
772.66
646.86
21.72
91.44
64.60
42.88
21.16
1.70
19.17
h -
w
56.93
w
105.92
s 43.73
Height,
2.84
g•
776.35
d -
w
780.46
Harold F. and Winifred
Garland, Lot 1.0, Grand-
view Ave. Heights ........ 812.98
David R. and Margaret M.
Buse, Lot ll, Grandview
Ave. Heights ..................
808.58
Leo J. and Margt. Cham-
bers, Lot 12, Grandview
Ave. Heights ................
815.53
Gerald G. and Viola M.
Wild, Lot 13, Grandview
Ave. Heights ................
815.53
Mabel E. Dalbkemeyer, Lot
14, Grandview Ave.
Heights ............................
815.53
B. G. and Jeane A. Van-
derberg, Lot 15, Grand
view Ave. Heights ........1296.14
Clarence Anthony Sr. and
Evelyn Mary Connolly,
Lot 16, Grandview Ave.
Heights ..............................1311.47
Clarence Anthony Sr. and
Evelyn Mary Connolly,
Elia - Vacated Alley
Abutting Lot 16 ..............
34.79
Kenneth H. and Margaret
A. Heiderscheit, Lot 2-18,
Grandview Ave. Heights
18.32
Kenneth H. and Margaret
A. Heiderscheit, Lot 2-19,
Grandview Ave. Heights
25.98
Kenneth H. and Margaret
A. Heiderscheit, Lot 17,
Grandview Ave. Heights
183.15
Kenneth H. and Margaret
A. Heiderscheit, Lot 20,
Grandview Ave. Heights
49.98
Kenneth H. and Margaret
A. Heiderscheit, Lot 1-19,
w. Balance, Grandview
Ave .Heights ....................
4.69
John C. and Phyllis A.
Ruh, Lot 1-18, Grand-
view Ave. Heights ........
32.66
Lucille M. Djerf, Lot 1-19,
E50', Grandview Ave.
Heights ..............................
31.52
Evelyn G. Ruprecht, Lot
5, Stewart. Sub . ................
816.38
L. Vaugn and Muriel Cay-
man, Lot 6, Stewart Sub.
816.38
Vincent M. and Karen A.
Leisen, Lot 7, Stewart
Sub. ....................................
816.38
Wilbur A. Hammond, Lot
8, Stewart Sub . ............
816.38
Wilfred S. and Myrtle
Blades, Lot 9, Stewart
Sub . ....................................
816.38
Alta Jane Blades, Lot 10,
Stewart Sub . ..................
816.38
C. Howard and Margaret
M. Wallace, U)t 11, Stew-
art Sub . ............................
816.38
Adjourned Regular Session January 2. 1973 25
laVern and V e I m a R.
Block, Lot 1-13, Stewart
Sub. ....................................
431.76
IaVern and V e I m a R.
Block, Lot 14, Stewart
Sub . ....................................
751.07
1.aVern and V e I m a R.
Block, W1/2 - Vacated
Abutting Lot 14 ............
39.04
Roy Rindt Canham, Lot 2,
Whelans Sub . ..................
755.90
Roy Rindt Canham, Lot 3,
Whelans Sub . ..................
755.90
First Congregational
Church, I,ot 4, Whelans
Sub. ....................................
758.32
First Congregational
Church, Lot S%-5, Whe-
lans Sub .............................
379.23
Minnie Hoermann, Lot N%-
5, Whelans Sub . ..............
379.09
Minnie Hoermann, I.ot 6,
Whelans Sub . ..................
760.73
Donald H. and Lorraine
Lattner, IAt 7, Whelans
Sub. ....................................
763.14
Roy Rindt Canham, Lot
N6'-1, Sub. Lot 1 Whelans
Sub. and Lots ................
90.16
John M. and Doris Walsh,
Lot S46'-1, 1 and 2 Block
#1. - Grandview ..............
690.87
Charles and Stella R. Mc-
Lean, Lot 2, Park Add ....
750.93
Marjorie S. Schweitering,
(Survivor), Lot 2-1, Min-
eral Lot 43 and 44 ..........
846.34
Orla Stamp, Lot 1-2-2, Min-
eral Lot 46 ......................
390.59
Ralph F. and Lula C. Woh-
lers, I.ot 2-2-2, Mineral
Lot 46 ................................
118.55
$152,138.15
*Deficiencies paid by City
Wm. J. and Mildred E.
Arndt, Lot 2-1-1-2, Sun-
rise Place ........................
46.95
Clifford D. and Jeanette
M. Healey Cont: Jerry
L. and Catherine Bart-
lett, I.ot 2-7, E. Ryan's
Sub. ....................................
57.33
$152,242.43
All of Which is assessed in pro-
portion to the special benefits con-
ferred.
5,543.7 cu. yds. Excava-
tion, Unclassified (52%)
CO) 1.40 ............................ 7,761.18
'5,117.3 cu. yds. Excava-
tion, Unclassified (48%)
G 1.40 ............................ 7,164.22
20,283.0 lin. ft. Curb &
Gutter and Driveway
Removal (c, .80 ............16,226.40
13,005.49 sq. yds. Concrete
Class "A" - 8" thick
(39%n) (u_: 7.55 ................98,191.45
*20,341.93 sq. yds. Con-
crete Class "A" - 8"
thick (61%x) (tr 7.55 ....153,581.57
8,385.34 tons 3/41' Base
Stone, in place (52%)
01 3.42 ............................28,677.86
*7,740.31 tons 1/4" Base
Stone, in place (48%) C
3.42 ...............................26.471.86
12.120.8 sq. yds. Macadam
& Subbase Removal
(39%) (i,: .40 ................ 4,848.32
*18,958.2 sq. yds. Maca-
dam & Subbase Removal
(61%) n ,40 ................ 7,583.28
11 no. of Manholes Raise
or Lower @) 50.00 ........ 550.00
*11 no. of Manholes Ring
and Cover (6' 50.00 .... 550.00
*12 no. of Catch Basins -
Single Type 103 ( j)
375.00 .............................. 4,500.00
*4,904.2 sq. yds. Sod, In
Place ((c 1.00 ................ 4,904.20
*99 tons Asphalt Concrete,
Surface Course (ir 20,00 1,980.00
*5,004.91 sq. ft. 4" Side-
walks - Remove & Re-
place 01 1.00 ................ 5,004.91
10,658.71 sq. ft. 6" Drive-
ways - Remove & Re-
place (1? 1.00 ................10,658.71
1,003 lin. ft. 5" Plastic
Pipe, installed @l 3.00 .. 3,009.00
*1,390 lin. ft. 11/4" Con-
duit, in place, including
elbows (it .80 ................ 1,112.00
*39 no. of Luminair Bulb
& Adapter installed and
wired C' 150.00 ............ 5,850.00
17,560 lin. ft. 12/2 with
ground OF 600 cable,
installed (a .40 ............ 3,024.00
* 12 no. of Services with
box, fuse & weather
head 411 75.00 ................ 900.00
"4,161.6 lin. ft. Trenching
and Backfill Com' .60 ...... 2,496.96
*Lump Extra Work .......... 5,930.50
Total Construction Cost 400,976.42
*Less City Share ............260,947.61
Assessable Share ............140,028.81
8% Engineering Expense 11,202.30
5% Interest / 52 days .... 1,011.32
TOTAL. ASSESSABLE ....152,242.43
28 Adjourned Regular Session January 2, 1973
Passed, adopted and approved
this 2nd day of January 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 Pregler moved adop-
tion of the resolution. Seconded
by Mayor Bitter. Carried by the
following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Proof of Publication, certified to
by the Publisher, of Notice of pub-
lic hearing to authorize the is-
suance of street improvement
bonds in the amount of $151.001.00
to pay for cost of construction
of City of Dubuque 1972 Concrete
Paving with Integral Curb Pro-
ject No. 1 Grandview Avenue from
Southern Ave. to Whelan Street,
presented and read.
Councilman Pregler 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, Council-
men Justmann, Moldenhauer,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 10-73
Resolution providing for the is-
suance of Street Improvement
Bonds for the Purpose of pro-
viding for the payment of the as-
sessed cost of City of Dubuque
1972 Concrete Paving with Inte-
gral Curb Project No. 1, Grand.
view Avenue from the W.P.L. of
Southern Avenue to the S.P.L. of
Whelan Street.
Whereas the contract heretofore
entered into by the City of Du-
buque, Iowa, for the improvements
hereinafter described has b e e n
completed and the City Manager
has certified the completion there.
of to the City Council and the
City Council has ascertained the
cost thereof and has determined
that 5151.001.00 Dollars of the cost
thereof shall be assessed against
the property subject to assessment
therefor; and
Whereas public notice, as pro-
vided by law, has been published
by the City Clerk stating the in-
tention of the City Council to is.
sue bonds for the purpose of pro-
viding for the payment of the as-
sessed cost of said improvement
and a public hearing has been
held, pursuant to such notice and
all objections made thereto have
been considered and determined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque:
1. That to provide for the pay-
ment of the assessed cost of City
of Dubuque 1972 Concrete Paving
With Integral Curb Project No.
1, Grandview Avenue from the
W.P.I,. of Southern Avenue to the
S.P.L. of Whelan Street.
there shall be issued street im-
provement bonds in the amount
of $150,000.00 Dollars in anticipa-
tion of the deferred payment of
assessments levied for such im-
provement.
2. Such bonds shall be called
street improvement bonds; a n d
shall bear the date of February
1, 1973; and shall be numbered
consecutively; and they shall be
numbered, divided into series, and
be in such denominations and for
such maturity dates as are shown
in the following table:
Series No. 1, Bond No. 1-30,
Den. $500.00, Mat. April 1, 1974.
Series No. 2, Bond No. 31-60.
Den. $500.00, Mat. April 1, 1975.
Series No. 3, Bond No. 61.90,
Den. $500.00, Mat. April 1, 1976.
Series No. 4, Bond No. 91-120,
Den. $500.00, Mat. April 1, 1977.
Series No. 5, Bond No. 121-150,
Den. $500.00, Mat. April 1, 1978.
Series No. 6, Bond No 151-180
Den. $500.00, Mat. April 1, 1979.
Series No. 7, Bond No. 1.81.210,
Den. $500.00, Mat. April 1, 1980.
Series No. 8, Bond No. 211-240,
Den. $500.00, Mat. April 1, 1981.
Series No. 9, Bond No. 2-41-270,
Den. $500.00, Mat. April 1, 1982.
Series No. 10 Bond. 271-300
Den. $500.00, Mat. April 1, 1983.
3. Said bonds shall bear interest
at the rate of six per cent per
annum, payable annually in accor-
dance with coupons thereto at-
tached:
t-
tashed:
Adjourned Regular Session January 2, 1973 27
4. Said bonds shall not make
the City of Dubuque liable in an>
way, except for the application
of said special assessment funds.
5. Said bonds shall provide that
they may be payable at any time
prior to the maturity date stated
therein at the option of the City
of Dubuque and shall be in sub-
stantially the following form:
No. ..................
Series No. .
CITY OF DUBUQUE
STREET IMPROVEMENT BOND
The City of Dubuque in the State
of Iowa promises to pay as here-
inafter mentioned to the bearer
hereof the sum of five hundred
dollars with interest thereon at
the rate of six per cent per an-
num, payable annually, on
the presentation and surrender of
the interest coupons hereto at-
tached. Both principal and interest
of this bond are payable at the
office of the City Treasurer in
the City of Dubuque, in the State
of Iowa. This bond is issued by
the City of Dubuque under and
by virtue of Chapter 396 of the
1954 Code of Iowa, as amended,
and the Resolution of said City
duly passed on the 2nd day of
January, 1973, being Resolution No.
10-73.
This Bond is one of a series
of 300 bonds, all for $500.00 num-
bered from 1 through 300 all of
like tenor and date, and issued
for the purpose of providing for
the deferred payment of assess-
ments levied for the City of Du-
buque 1972 Concrete Paving With
Integral Curb Project No. 1, Grand-
view Avenue from the W.P.L. of
Southern Avenue to the S.P.L. of
Whelan Street, as described in said
Resolution, in said City, which cost
is payable by the abutting and
adjacent property along said im-
provements and is made by law
a lien on all of said property.
It is payable only out of the Spe-
cial Assessment Fund 1295 created
by the collection of said special
tax, and said fund can be used
for no other purpose.
It is hereby certified and re-
cited that all the acts, conditions
and things required to be done,
prededent to and in issuing this
series of bonds, have been done,
happened, and performed, in re-
gular and due form, as required
by law and said Resolution, and
for the assessment, collection and
payment hereon of said special
tax, the full faith and diligence
of said City of Dubuque are here•
by irrevocably pledged.
IN TESTIMONY WHEREOF the
City of Dubuque by its Council
has caused this bond to be signed
by its Mayor and countersigned
by its City Clerk and the Seal
of said City to be thereto affixed,
this 2nd day of January, 1973.
............................................................
Mayor
............................................................
City Clerk
(Form of Coupon)
On the ........ day of .........................
the City of Dubuque, Iowa, prom-
ises to pay to the bearer, as pro-
vided in said bond, the sum of
....................................Dollars, in the
office of the City Treasurer in the
City of Dubuque, being ....................
months' interest due that date on
its ............................Bond No.............
dated.....................................
............................................................
Mayor
. ..........I ........................
City Clerk
6. That the Mayor and City Clerk
be and they are hereby instructed
to cause said bonds to be pre-
pared and when so prepared to
execute said bonds and that the
City Clerk be and he is hereby
instructed to register said bonds
in a book kept for that purpose
and to then deliver them to the
Citv Treasurer.
7. That the City Treasurer is
hereby instructed to sell said bonds
in the manner provided by law,
the proceeds of said sale to be
placed in a special fund to be
known as Special Assessment Fund
1295 and paid out by him W pay
the cost of said contract.
8. That the interest coupons at-
tached to the bonds be signed with
the facsimile signature of the Ma.
yor and countersigned with the
facsimile signature of the C i t y
Clerk.
9. That as fast as funds allow,
beginning with the second year
28 Adjourned Regular Session January 2, 1973
after the payment of interest due,
these bonds shall be called and
retired in the same order as num.
bered. The notice of election to
call these bonds shall be given
by Regular United States Mail ad-
dressed to the last known address
of the purchaser.
10. Passed, adopted and ap-
proved this 2nd day of January,
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: I
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
December 29, 1972
honorable Mayor
and Councilmen
The Dubuque Planning and Zon-
ing Commission has reviewed the
petition of J. Allen Wallis, Jr.,
requesting the vacation of the plat-
ted five foot (5') wide easements
in Lots 9 and 10 in Clin-Que In-
corporated No. 2 Addition in the
City of Dubuque, Iowa. The Com-
mission has found that the vaca-
tion of these easements has been
approved by the City Engineer and
by all utility companies that would
have access to them. It is the
opinion of. the Planning and Zoning
Commission that the easements
serve no present or future purpose
and the Commission has recom-
mended that the easement be va-
cated as requested.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Pregler moved that
the communication be received and
filed. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas -- Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 11-73
WHEREAS, the property owner
of Lot 9 and Lot 10 in the Clin-Que
Incorporated No. 2 Addition 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 9 and Lot 10, and
WHEREAS, the property owner
has submitted a plat for the pur-
pose of extinguishing the five foot
(5') utility's easements s h o w n
thereon; and
WHEREAS, the public utility com-
panies entitled to use said ease-
ments have consented to said va-
cation; 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 Council of
the City of Dubuque, Iowa, that
said petition and plat for the vaca-
tion of the platted five foot (5')
wide easements in I.ot 9 and Lot
10 in Clin-Que Incorporated No.
2 Addition in the City of Dubuque,
Iowa, be and the same are hereby
approved, and the Mayor and Clerk
are hereby authorized and directed
to endorse the approval of the
City of Dubuque upon said plat
for the vacation of the aforemen-
tioned easements.
Passed, adopted and approved
by the recorded roll call vote this
2nd day of January 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. 12.73
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
Adjourned Regular Session January 2, 1973 29
complied with the provisions of
law relating to the sale of Cigarett-
es within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Earl Tegeler. 2311 W i n d sor
Avenue. Douglas Schlickman 1450
Loras Blvd.
BE IT FURTHER RESOLVED
that the bonds filed with the appli-
cation be approved.
Passed, adopted and approved
this 2nd day of January, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Moldenhauer moved
adoption of the resolution. Second-
ed by Councilman Pregler. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
RESOLUTION NO. 13.73
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 Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and permits issued upon the
compliance with the terms of the
ordinances of the City.
CLASS "B" BEER PERMIT
Joseph E. Bell, 263 Main Street.
CLASS "C" BEER PERMIT
John Neumeister, 729 Lincoln
Avenue
Earl John Tegeler, 2311 Windsor
Avenue
Passed, adopted and approved
this 2nd day of January, 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 Moldenhauer moved
adoption of the resolution. Second.
ed by Councilman Pregler. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms,
Nays—None.
RESOLUTION NO. 14.73
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 "B" BEER PERMIT
Joseph E. Bell, 263 Main Street..
CLASS "C" BEER PERMIT
John Neumeister, 729 Lincoln
Avenue
Earl John Tegeler, 2311 Windsor
Avenue.
BE IT FURTHER RESOLVED
that the bonds filed by such appli-
cants be and the same are hereby
approved.
Passed, adopted and approved
this 2nd day of January, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Moldenhauer moved
adoption of the resolution. Second-
ed by Councilman Pregler. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
RESOLUTION NO. 1573
WHEREAS, applications for Li-
quor permits 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
30 Adjourned Regular Session January 2, 1973
the City of Dubuque, Iowa that '
Donald
Kies, 2620 University
the following applications be grant-
the
Avenue.
Thomas
Andresen, 1080 Univer
ed and licenses issued upon
compliance with the terms of the
sit.y Avenue.
1097 Jackson Street
Iowa Liquor Control Act--ChapterUrusla
Drake,
P.
Kachevas. 665 Dod,vo
131—as amended by the 64th Gen- I
James
eral Assembly, 1971.
CLASS"C" COMMERCIAL
Street.
Josephine
Burke, 1445 Central
BEER LIQUOR LICENSE
Avenue.
D. A. V. Club Piazza 20 Lounge,
Passed,
adopted and approved
Inc. 2600 Dodge Plaza 20.
this 2nd day of January, 1973.
Donald Kies, 2620 University
Joseph J. Bitter
Avenue.
Mayor
Thomas Andresen, 1080 University
Walter A. Pregler
Avenue.
Allan T. Thorns
Urusla Drake, 1097 Jackson Street.
Wayne A. Moldenhauer
James P. Kachevas, 665 Dodge
C. Robert Justmann
Street.
Councilmen
Josephine Burke, 1445 C e n tral
Attest:
Avenue.
Leo F.
Frommelt
Passed, adopted and approved
this 2nd day of January, 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 Moldenhauer moved
adoption of the resolution. Second
ed by Councilman Pregler. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
RESOLUTION NO. 16.73
WHEREAS, applications for Li-
quor licenses were filed by the
within named applicants and they,
have received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the State Law and all City or-
dinances relevent 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 issued
to the following named applicants
a Liquor license.
CLASS "C" COMMERCIAL
BEER LIQUOR LICENSE
1). A. V. Club Plaza 20 Lounge,
inc., 2600 Dodge Plaza 2o.
City Clerk
Councilman Moldenhauer moved
adoption of the resolution. Second-
ed by Councilman Pregler. Carried
by the following vote:
Peas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thorns.
Nays—None.
Mayor Bitter moved that the City
Solicitor be instructed to draft a
resolution officially expressing th-
sorrow of the Council and inhabi-
tants of the City in the untimely
death of Carl Firzlaff. Seconded
by Councilman Moldenhauer. Car-
ried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thorns.
Nays—None.
Councilman Thorns moved that
the Council meet on Friday Jan
uary 5, 1973, in the Council Cham-
bers at 4:30 P.M., in an informal
way, and each succeeding FridaN
thereafter, for four consecutive
Fridays, to consider the agenda
as prepared by the City Clerk to
be considered at the following rev
ular meeting of each Monday night.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas --Councilmen Just
mann, Moldenhauer, Thoms.
Nays—Mayor Bitter, Councilman
Pregler.
There being no further business.
Mayor Bitter moved to adjourn.
Seconded by Councilman Pregler.
Adjourned Regular Session January 2, 1973 31
Carried by the following vote:
Yeas—Mayor Bitter. Councilmen
Thoms. .lustmann, Moldenhauer,
Fregler.
Nays—None.
Leo F. Frommelt
City Clerk.
Special Session, January 8, 1973
CITY COUNCIL
OFFICIAL.
Special Session, January 6, 1973.
Council met at 7:30 P.M. (C.S.T.)
Present --- Mayor Bitter, Coun-
cilmen Justmann, Moldenhauer,
Pregler, Thoms. City Manager Gil-
bert D. Chavenelle.
Mayor Bitter read the call and
st.at.ed that service thereof had
been duly made and this meeitng
is called for the purpose of acting
upon such business as may pro-
perly come before the meeting.
RESOLUTION NO. 18-73
WHEREAS, Charles A. Firzlaff
passed away unexpectedly in Du-
buque, Iowa on January 1, 1973
thereby resulting in a poignant loss
to his family, friends and this com-
munity, he so manifestly loved;
and
WHEREAS, the said Charles A.
Firzlaff, who was affectionately
and lovingly known and called by
his friends and associates "Carl",
for many years was prominent in
the business, industrial, g o v e r n -
mental and social activities in and
for the City of Dubuque, Iowa,
having achieved the preeminence
within banking circles of having
been elected President of the First
National Bank of Dubuque, Iowa
on January 19, 1966 and under
whose guidance the said b a n k
voiced a resounding confidence in
the City of Dubuque, Iowa by lend-
ing substantial assistance to the
Urban Renewal Program in the
downtown area. This confidence
was augmented by substantial con•
tribution thereto of time and effort
and a display of utmost confidence
and foresight in purchasing lane
in the new Urban Renewal Area:
and
WHEREAS, Carl Firzlaff was a
native of the City of Dubuque,
Iowa, and, while he achieved pre-
eminence in every field of endeay.
or in which he lent his name and
efforts, he still, despite all his
prominence, managed to retain
himself as a simple unassuming,
guileless, lovable person complete-
ly shedding the pseudo -sophistica-
tion of the so-called "successful"
as being contrary to his makeup
and personality; and
WHEREAS, the untimely death
of this native son of Dubuque,
can in no way be mitigated or
lessened in terms of the loss to
the City of Dubuque and its inhah-
itants and particularly to his belov-
ed wife, who survives him, namely
Frances J. Firzlaff, it is the sense
of the City Council for and on
behalf of the inhabitants of the
City of Dubuque, Iowa to formally
go on record to express the con-
dolences to the immediate family
of the deceased, as well as to
memorialize by official action that,
while Carl A. Firzlaff has left these
earthly boundaries, his loving con-
cern, his kindness, his humility,
his strength and his towering cap-
abilities shall not go unmarked
or unremembered.
NOW THEREFORE BE 1T RE
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council
of the City of Dubuque, Iowa does
formally and officially express the
deep sorrow and sense of loss felt
by the inhabitants of this fair City
he reason of the untimely death
of Charles A. (Carl) Firzlaff and
that his loss to this community
can in no way be mitigated and
in no way be lessened but can
only be memorialized as it is within
frail human capabilities so to do.
It is appropriate, therefore, that
this evidence of the esteem and
love and high regard that Carl
was held by those who knew him,
those who were associated with
him and by those who were the
beneficiaries of his boundless hum-
anitarianism be properly documem
ted upon the City records.
Section 2. That is is the direction
of the City Council that the City
Clerk file this Resolution in the
permanent records of the City of
Dubuque, Iowa and that a certified
copy hereof be delivered to the
aggrieved widow, Frances J. Firz-
laff, as a testimonial of the love
and high regard in which her be
loved, deceased husband was held
within the precincts of this com-
munity.
Special Session, January 8, 1973 a3
Passed, approved and adopted
this 8th day of January, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thorns
Wayne A. Moldenhauer
C. Robert Justmann
Councilman
Attest;
Leo F. Frommelt
City Clerk
Councilman Justmann moved a-
doption of the resolution. Seconded
by Councilman Moldenhauer. Car-
ried
arried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
Communication of Iowa State De-
partment of Health advising that
the Iowa Water Pollution Control
Commission has approved an ad-
justment in the State grant for
Treatment Waterworks to
$664,86.00 w h i c h represents
a grant increase of $332,454.00, pre-
sented and read. Councilman Pre-
gler moved that the communication
be received and filed. Seconded
by Councilman Moldenhauer. Car-
ried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
Communication of Iowa S t a t e
Highway Commission submitting a
transcript of the public hearing
which was held on September 14,
1972, on the corridor study of the
north - south Freeway, presented
and read. Councilman Pregler
moved that the communication and
study be received and filed. Se-
conded by Councilman Moldenhau-
er. Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
Communication of Teleprompter
Cable Communications Corporation
advising of the filing of an appli-
cation for renewal of license of
business Radio Station KUX 87,
and also filed applications for certi-
ficates of compliance to add the
signals of station WSNS, Channel
44 Chicago, presented and read.
Councilman Pregler moved that
the communication be received and
filed. Seconded by Councilman Mol.
denhauer. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer. Pregler,
Thorns.
Nays—None.
Communication of Congressman
John C. Culver, submitting a list
of data definitions, sources, and
effective dates of data elements
used to determine the intro -state
allocations under the local Fiscal
Assistance Act of 1972, presented
ar.d read. Councilman Pregler
moved that the communication be
received and filed and referred
to the City Manager. Seconded by
Councilman Moldenhauer. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thorns.
Nays—None.
Communication of Task Force
Chairman, Ass't Manager P a u 1
Fischer, requesting a thirty day
extension to submit their recom.
mendation on the Police Depart-
ment Handbook, presented and
read. Councilman Justmann moved
that the extension be granted. Se-
conded by Councilman Bitter. Car-
ried by the following vote:
Yeas—Mayor Bitter, Councilman
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
Printed Council proceedings for
the month of October 1972, present•
ed for approval. Councilman Pre-
gler moved that the printed Coun-
cil proceedings for the month of
October 1972 be approved as print-
ed. Seconded by Mayor Bitter. Car.
ried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
January 5, 1973
Honorable Mayor and Councilmen
The Dubuque Planning and Zon-
ing Commission has held a public
hearing on a request to reclassify
property at 808 Rhomberg Avenue
from Two Family Residence to
Local Business "B" classification.
This property is legally described
as Lot 14 in Dreibelbles Addition
in the City of Dubuque, Iowa.
14 Special Session, January_ 8, 1973
It was the opinion of the Com-
mission that the proposed reclassi-
fication would constitute a further
encroachment of commercial use
into a stable residential neighbor-
hood, and that planning for this
area envisions no such expansion
of this existing business zone. It
is the recommendation of the Du-
buque Planning and Zoning Com-
mission that the petition be denied.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Pregler moved that
the recommendation of denial be
approved. Seconded by Councilman
Moldenhauer. Carried by the fol-
lowing vote:
Yeas—Mayor Bitter, Councilmen
!Moldenhauer, Pregler, Thorns.
Nays—Councilman ,Justmann.
January 5, 1973
Honorable Mayor and Councilmen
The Dubuque Planning and Zon-
ing Commission has reviewed the
petition of Mr. Duane Chase and
Mrs. Marie Sullivan to reclassify
property at 1710, 1726 and 1740
Asbury Road in the City of Dubu-
que, Iowa, from Two Family Res-
idence District to Multiple Res-
idence classification.
The commission has viewed the
property and has considered the
request in relation to the character
and stability of adjacent develop-
ment and in relation to proposed
zoning for this area. Development
in the vicinity of this property
is predominantly single family and
two family residential and the pro-
posed zoning for the area is not
intended to foster the establish-
ment of higher residential densi-
ties.
The Planning and Zoning Com-
mission has determined that there
would be no purpose served in
conducting a public hearing on this
request and has recommended that
it be denied.
City Planning and 'Zoning
Commission
Daniel Dittemore
Development Planner
Councilman Pregler moved ap-
proval of the denial. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thoms-
Nays—None.
Abstained -Councilman Justmann.
.January 5, 1973
Honorable Mayor and Councilmen
The Dubuque Planning and Zon-
ing Commission has considered a
request of Mr. Delos A. Dorweiler
to reclassify Lot 10 of Block 3
of the Mettel-Link Subdivision in
the City of Dubuque, Iowa, from
Single Family Residence to Local
Business "A" classification. The
Commission has found that this
lot is the only remaining unde-
veloped parcel in the Mettel-Unk
Sabdivision which was platted and
approved in 1966. The Commission
has also determined that the accep-
tance of this subdivision and the
establishment of the Single Family
Residential zoning classification on
it represented a commitment to
future owners of the subdivision
property that this area would be
devoted to single family residential
use or to other uses that would
enhance that residential environ-
ment. It is the opinion of the Plan-
ning and Zoning Commission that
the extension of a commercial zon-
ing district to the property in ques-
tion would violate that commitment
and would not be in accordance
with the zoning plan for the area.
The Planning and Zoning Com-
mission has made the further de-
termination that no purpose is
served in conducting a public hear-
ing on this petition and has recom-
mended that it be denied.
City Planning and Zoning
Commission
Daniel Dittemore
Development Planner
jCouncilman Thorns moved ap-
proval of the denial. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
i Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None,
Councilman Pregler moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
I Thoms.
Nays—None.
Special Session, January 8, 1973 355
Mr. Delos Dorweiler addressed
the Council in behalf of his pe-
tition, which was submitted to the
Planning & Zoning Commission.
January 5, 1973
Honorable Mayor & City Council
On the 81.h day of December,
1971, Agnes Terry commenced an
action against the City of Dubuque
in the District Court of Iowa, in
and for Dubuque County, being
Law No. 39400, claiming that she
suffered personal injuries as a re-
sult of a fall on a public walk
at or near 658 Ward on the south-
erly side of W. 3rd, in the City
of Dubuque, and that as a result
of said fall, she suffered a fractur-
ed left ankle and incurred hospital
bills and expenses in the amount
of $1,114.90 and loss of wages in
the amount of $1,045.00.
This matter was referred to the
City Attorney who conducted an
investigation thereof and made the
appropriate defenses to said litiga-
tion and the matter was set for
trial before a jury on the 28th
day of November, 1972, and just
immediately before said trial the
plaintiff made an offer of settle-
ment in the amount of $2,500.00.
It is the recommendation of the
City Attorney that said offer of
settlement in the amount of
$2,500.00 be accepted and that war-
rant payable to the plaintiff in
that amount be issued by the Audi-
tor and transmitted to the City
Attorney for delivery upon receipt
of Dismissal with Prejudice and
Releases and that the court costs
in the amount of $27.50 should
be paid by the City and the City
Auditor be directed to issue War-
rant in said amount payable to
the Clerk of Court.
Copy of Original Notice with pe-
tition attached and copy of claim
is returned herewith.
R.N. Russo
City Attorney
Councilman Moldenhauer moved
approval of the recommendation.
Seconded by Mayor Bitter. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
January 4, 1973
Honorable Mayor and City Council
On November 10, 1972, Mr. E.
D. Forslund of 699 Kane Street,
Dubuque, Iowa addressed a com-
munication to the City Council
complaining about the claim that
be had filed on September 13, 1972
which was referred to the City
Attorney who thereafter advised
the claimant to seek his remedies
against the contractor and which
the claimant attempted to do and
he did assert his claim against
the contractor but received no sat-
isfaction from said contractor or
its insurance carrier and on No-
vember 5th he was advised that
the contractor denied liability for
any damages suffered by the clai-
mant due to the existence of an
excavation on a public street a
a point 200 feet north of Kaufman
Avenue on North Grandview. At
the time of the alleged damage,
the street had been excavated h,
Fondell & Sons, Inc. of Dubuque,
Iowa.
The communication of said clai-
mant on November 10, 1972 was
referred to the City Attorney who
then communicated by letter with
the contractor and received no re-
ply or an acknowledgment and sub-
sequently, by letter, on November
22, 1972 after having originally
communicated with the contractor
on September 22, 1972, concerning
the City's position.
Thereafter, on November 30.
1972, the City Attorney again com-
municated by letter with Fondell
& Suns, Inc. concerning the claim
of E. D. Forslund and received
no acknowledgement or reply
therefrom.
Thereafter, the City Attorney
was advised that the City Engi
neering department had funds of
the Fondell & Sons, Inc. and or
December 15, 1972 the City Attor-
ney wrote to the City Engineer
requesting that they withhold pay-
ment of $3700.00 until they received
further instruction from the City
Attorney and copies of said com
munication were sent to the Coun.
cilmen as well as the City Manager
as well as to the contractor, Fon-
dell & Sons, Inc.
Thereafter, on December 27, 1972
a copy of release was receives{
showing that Fondell & Sons. Inc.
36 Special Session, January S, 1973
of Dubuque, Iowa had comprom I
iced and settled the claim of Mr.
Forslund and a copy of the releas
was transmitted to the City At-
torney.
Accordingly, this matter has now
been properly adjusted and it i
recommended that the claim of
Mr. Forslund together with his
communication of November 10,
1972 be denied as he has been
restored whole.
R. N. Russo
City Attorney
Councilman Moldenhauer move:]
approval of the recommendation.
Seconded by Mayor Bitter. Carried
by the following vote:
Yeas—Mayor Bitter Councilmen,
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
January 4, 19
Honorable Mayor and City Council
On the 12th day of October, 1970,
the City Council of the City of
Dubuque, Iowa passed and adopte+
a Resolution annexing a certain
area to the City of Dubuque, Iowa
and in which was located the trail-
er court, elementary school, an.
a cheese factory and included in
the area was a portion of Rockdale
Road, all of which was annexed
to the City of Dubuque, Iowa by
voluntary petition. The C o u n t y,
through its Board of Supervisors
joined in the voluntary petition as
owner of a portion of Rockdale
Road in question. Thereafter, Ri-
chard J. Koos and Kathryn Koos
commenced an action against Du-
buque County, Iowa and Dubuque
County, Iowa, Board of Supervisors
alleging that they were the owners
of Rockdale Road and that the
County Board of Supervisors were
not such owners of the roadway
as would authorize the County
voluntarily join in a petition for
annexation and also, asking tha'
Dubuque County, Iowa be enjoined
from proceeding any further wi
the annexation proceedings.
Thereafter, on the 26th day of
July, 1971, Judge Nelson ordered
the City of Dubuque, Iowa to be
made a party to the lawsuit and
thereafter, the matter came o,
for trial on the 17th day of April
1972 at which time a full hearing
was held before Judge Roger F
Peterson, Judge First Judicial Dis
trict and on December 27, 1972
the said Honorable Roger F. Pc'
erson filed his Decree in the above
entitled cause and held that the
Dubuque County Board of Super-
visors were owners of Rockd
Road in Dubuque County, Iowa
on the 12th day of October, 19 -,-
for the purposes set forth in Section
362.30 of the Code of Iowa of 1971
which relates to petitions for the
voluntary annexation. The costs of
the action have been assessed to
the plaintiffs.
A copy of the Decree together
with a copy of the pleadings herein
are returned herewith.
This matter is successfuly coli
eluded and the plaintiffs have
thirty days from December 27, 1977
in which to perfect an appeal to
the Supreme Court of Iowa.
R. N. Russo
City Attorney
Councilman Moldenhauer moved
that the communication be receiv
ed and filed. Seconded by Mayor
Bitter. Carried by the followir,
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Notice of claim of Charlene Van.
Vors, in an undetermined amount,
for personal injuries received in
a fall on an icy sidewalk at Staf-
ford & Rhomberg Ave. on Dc
comber 27, 1972, presented and
read. Councilman Pregler moved
that the notice of claim be re-
ferred to the City Attorney for
investigation and report. Seconded
by Councilman Moldenhauer. Car
ried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Notice of claim of John Hrynkow
in an estimated amount of $47.86,
for car damage incurred as th
result of being struck by a city -
owned salt truck at 640 Harvard
Street on December 24, 1972, pre-
sented and read. Councilman Pre
gler moved that the notice of claim
be referred to the City Attorney
for investigation and report. Se-
Special Session, January 8, 1973 37
conded by Councilman Moldenha
er. Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of Councilman Pregler
requesting reconsideration of Or-
dinance No. 49-72 which was an
amendment to the Zoning Ordin-
ance & Zoning Map of the Cit
of Dubuque Known as Ordinance
No. 3-34, by adding a new subsec-
tion (n) to section 2 of Article
IV thereof, to permit medical offic-
es and accessory uses within cer-
tain described areas of the Mul-
tiple Residence District, said Or-
dinance was never allowed to ad-
vance to a public hearing, pre-
sented and read. Councilman Mol
denhauer moved that the petition
be received and filed. Seconded
by Mayor Bitter. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Councilman Pregler moved that
the reading just had on Ordinance
No. 49-72 be considered the first
reading of the Ordinance. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas—Councilmen Moldenhauer,
Pregler, Thoms.
Nays—Mayor Bitter, Councilman
Justmann,
Councilman Pregler moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council-
man Thorns. Carried by the follow-
ing vote:
Yeas—Councilmen Moldenhauer,
Pregler, Thorns.
Nays—Mayor Bitter, Councilman
Justmann.
Councilman Pregler moved that
Ordinance No. 49-72 be set down
for a public hearing on February
26, 1973, in the Council Chamber
in the City Hall, and the City
Clerk be instructed to publish no-
tice of the hearing in the manner
required by law. Seconded by
Councilman Thome Carried by the
following vote:
Yeas—Councilmen Moldenhauer,
Pregler, Thoms.
Nays—Mayor Bitter, Councilman
Justmann.
Petition of Peoples Natural Gas
requesting permission to excavate
at 2606 University Ave. to service
a new customer, presented and
read. Councilman M o 1 denahuer
moved approval of the petition.
Seconded by Mayor Bitter. Car.
ried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms,
Nays—None.
Petition of K & K Heating Co.
requesting a $5.00 refund on a
heating permit No. 21600 which
was never used, said refund was
approved by the building depart-
ment, presented and read. Council-
man Moldenhauer moved that the
petition be granted and the Auditor
instructed to issue proper warrant.
Seconded by Mayor Bitter. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of Andrew D. & Gust
Karigan, requesting consideration
of their second floor property at
4th & Central Ave., in the event
that temporary offices are needed
in the renovation of the City Hall,
presented and read. Councilman
Moldenhauer moved that the pe
tition be referred to the Council
Seconded by Mayor Bitter. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thoms.
Nays—None.
Petition of Carl J. Lemmer, by
David W. Leifker, attorney, re-
questing rezoning of Lot 2 of !
of 1 of 2 of S% of Lot 2 of
1 of M. L. 452, Sec. 16, Dubuque
Twp. from Single Family to Locai
Business "A" classification locat-
ed on J. F. K. Road, presented
and read. Councilman Moldenhauer
moved that the petition be referred
to the Planning & Zoning Com
mission. Seconded by Mayor Bitter
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Communication of Department of
Justice by Robert 1). Jacobson,
Ass't Attorney General of the State
38 Special Session, January 8, 1973
of Iowa, advising that the Iowa
Beer & Liquor Control Department
hearing Board has set down the
appeal in the case of Phillip T.
Langas being denied an application
for a class "B" beer permit, for
January 12. 1973 at Des Moines,
and inquiring if anyone from the
city will be present to submit evi-
dence in support of the trial, c.
sented and read. Mayor B i t e r '
moved that City Attorney uss
be authorized to attend the h ari
and represent the City. S A ed
by Councilman Pregler. ned
by the following vote:
Yeas—Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thorns.
Nays—Councilman Justmann.
Mayor Bitter submitted the fol
lowing for appointment to the Hu
man Rights Commission Dean Mil-
ler and Wm. R. Donohue to three
year terms in place of Dr. Vernon
and Charles E. Stork and Susan
Hipschen to an unexpired two year
term of Patrick R. Quinn. Mr.
Frank Miller to the Advisory Com-
mission to fill the unexpired term
of J. Timothy McNeil to June t
1975. Councilman Pregler moved
ratification of the appointments.
Seconded by Councilman Just -
mann. Carried by the following
vete:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
There being no further busines-,
Councilman Thorns moved to ad-
journ. Seconded by Councilman
Moldenhauer. Carried by the fol-
lowing vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thorns.
Nays—None.
Leo F. Frommelt
City Clerk
April 23, 1978
Apr i 1-
_ r
Councilmen
PAttest
City Clerk.
Special Session, January 16, 1973 39
CITY COUNCIL
OFFICIAL
Special Session, January 16, 1973.
Council met at 7:30 P.M. (C.S.T.)
Present — Mayor Bitter, Coun-
cilmen Justmann, Moldenhauer,
Pregler, Thoms. City Manager Gil-
bert O. Chavenelle.
Mayor Bitter read the call and
stated that service thereof had
been duly made and this meeting
is called to consider a resolution
approving a two year option by
Thermolyne Corporation for t h e
purchase of land in Riverfront Sub.
No. 3, and acting upon such other
business as may properly come
before a regular meeting of the
Council.
Communication of Iowa Air Pol-
lution Control Commission advising
of a public hearing for the estab-
lishment of rules and regulations
relating to air pollution control r
vering control of odors, emission
data, and control of particulates
from mineral products industries,
presented and read. Councilman
Pregler moved that the communi-
cation be received and filed and
the Manager advise members of
the staff to attend the meeting.
Seconded by Councilman Thoms.
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
.Justmann, Moldenhauer, Pregler.
Tho►ns.
Nays—None.
Communication of Dubuque Au-
dobon Society submitting remedies
to cope with the local pigeon prob-
lem such as eliminating free food,
roosting and nesting possibilities,
clean up grain areas, nooks, bell
towers etc. presented and read.
Councilman Pregler moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Secondc1l
by Mayor Bitter. Carried by the
following vote:
Yeas --Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Mrs. Patricia H. Heindenreich,
President of the Dubuque Audubon
Society, addressed the Council real
live to her petition.
Councilman Moldenhauer moved
that the communication from the
Audubon Society be received and
filed and referred to the Health
Department. Seconded by Counci;
man Justmann. Carried by the fol-
lowing vote:
Yeas—Mayor Bitter, Councilman
Justmann, Moldenhauer, Pregler
Thoms.
Nays—None.
Communication of International
Union of Operating Engineers sta-
ting that they met with the Mayor
and outlined their position on cur-
rent wage negotiations, and reques-
ting an opportunity to be present
at this meeting and discuss their
working agreement, presented and
read. Mr. Wm. Sweeney, president
of the Operating Engineers, repre-
senting the Waterworks employees.
addressed the Council by stating
that they still have eight different
issues that are not resolved.
Councilman Pregler moved that
the City Manager and staff be
requested to prepare a report to
the City Council as to the status
of the pay plan of the operating
Engineers. Seconded by Mayor BR -
ter. Vote on the motion was as
follows:
Yeas—Mayor Bitter, Councilman
Pregler.
Nays — Councilman Justmann
Moldenhauer, Thoms.
MOTION FAILED.
Councilman Justmann moved
that the City Manager and staff
immediately establish early con-
tact with the Operating Engineers
with a view to explicitly stating
the City's position at this point.
Seconded by Councilman Molden-
hauer. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays — None.
Mayor Bitter moved t h a t
James Collins be re -appointed to
the Dubuque Human Rights Com-
mission for a three year term to
.January 1, 1976. Seconded by Coun-
cilman Thoms. Carried by the fol-
lowing vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
40 Special Session, January 16, 1973
January 9, 1973
Honorable Mayor and City Council
On October 26, 1972, McDowell
Appliance of 1838 Central Avenue,
this city, filed claim against. the
City of Dubuque in the amount
of $35.00 alleging said damages
were the costs and expenses they
incurred in cleaning up their base-
ment due to a sewer backup.
This matter was referred to the
appropriate City Agency who re-
ported by letter to the City At-
torney that they find no liability
on the part of the City and in
view of the foregoing, it is the
recommendation of the City At-
torney that the claim of McDowell
Appliance be denied.
Original claim is returned here-
with,
R. N. Russo
City Attorney
Councilman Pregler moved ap-
proval of the recommendation. Se-
conded by Mayor Bitter. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
January 9, 1973
lion. Mayor and City Council
On October 2, 1972, Mrs. Tom
Schnee of 920 Althauser Avenge,
this city, filed claim against the
City of Dubuque in the amount
of $245.00 alleging damages ocur-
ring on August 2, 1972 and Sep-
tember 12, 1972 caused by a falling
retaining wall causing water dam-
age to personal property and to
their yard.
This matter was referred to the
appropriate City Agency who, ad-
vised the City Attorney by letter
that said claim had been amicably
disposed of.
Accordingly, said claim is here-
with denied, and original claim
is returned herewith.
R. N. Russo
City Attorney
January 9, 1973
Honorable Mayor
and City Council
On November 15, 1972, Gary W.
Marburger of 2938 Washington
Street, this city, filed claim against
the City of Dubuque in the amount
of $35.00 and alleging said damages
resulted as the result of a sewer
backup on November 9, 1972.
This matter was referred to the
appropriate City Agency who re-
ported by letter to the City At-
torney that they find no actionable
liability or negligence on the part
of the City and in view of the
foregoing, it is the recommenda-
tion of the City Attorney that said
claim be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Pregler moved ap•
proval of the recommendation. Se-
conded by Mayor Bitter. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Councilman Pregler moved ap-
proval of the recommendation. Se-
conded by Mayor Bitter. Carried
by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
January 10, 1973
Honorable Mayor and
City Council
On August 18, 1972, St. Joseph
Mercy Hospital of Dubuque com-
menced an action against the City
of Dubuque, Iowa in the District
Court of Dubuque County, Iowa
asking for Declaratory Judgment
relating to an issue arising in and
out of a zoning classification.
You are herewith advised that
said action was dismissed on the
8th day of January, 1973 without
prejudice by plaintiff.
Copy of said petition with orig
inal notice and copy of said dis-
missal are attached hereto.
R. N. Russo
City Attorney
Councilman Pregler moved that
the communication be received and
filed. Seconded by Mayor Bitter.
Carried by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer, Preg-
ler, Thoms.
Nays—None.
Special Session, January 16, 1973 .11
January 9, 1973
Honorable Mayor and City Comm
On June 2, 1970, Cletus Paul
Grace commenced an action i
the District Court of Iowa, in and
for Dubuque County, against An
thony Rhomberg, Frank Hardie
Advertising, Inc. and City of Du
buque, Iowa as defendants in Law
Action No. 39112 claiming damages
in the amount of $75,000.00 for
injuries allegedly received as th.
result of a fall occasioned by an
allegedly defective condition of
public sidewalk in the 700 block
of Hill Street and that as a result
of said fall he suffered injuries
of a permanent nature resultin,
in loss of wages, medical and hos-
pital bills and permanent dis-
ability.
That as a result of said fall,
the said Cletus Paul Grace, suf-
fered loss of wages in the amoun'
of $2,145.00, incurred hospital bills
in the amount of $1,003.8.5 and med
ical bills of $43,5.00, physical ther-
apy expenses in the amount. of
$133.50 and that the said Cletus
Paul Grace was a diabetic, had
loss the sight of his left eye
since about 1965 and was suffering
from a problem with his right
eye allegedly worsened since the
accident and that the plaintiff had
patella removed and in the opinion
of his physician, Dr. Julian D.
Nemmers, M.D., the plaintiff was
suffering from a permanent im-
pairment of 25 per cent of the
left lower extremity as the result
of his injury.
This matter was being prepared
for trial at which time the plain-
tiff made an offer of settlement
in the amount of $9,000.00 and that
said amount of settlement was to
be paid in the amount of $3,000.00
by defendant, Anthony Rhomberg,
$3,000,00 to be paid by defendant,
Frank Hardie Advertising, Inc. and
$3,000.00 to be paid by the City
of Dubuque, Iowa. That costs in
the amount of $18.00 should be
paid by defendant, City of Dubu-
que, Iowa.
That said offer of settlement
should be accepted for and on
behalf of the City of Dubuque and
that the City Attorney should be
authorized, empowered and direct-
ed to confess judgment for and
on behalf of the City of Dubuque.
Iowa in favor of the plaintiff
against the City in the amount
of $3,000.00 and same to bear in-
terest at the rate of 5 per cent
j and same shall be pursuant to
stipulation a copy of which is here-
to attached and by reference made
a part hereof.
R. N. Russo
City Attorney
Councilman Pregler moved ap
proval of the recommendation. Se-
conded by Mayor Bitter. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
January 11, 1973
To the Honorable Mavor and
Members of the City Council.
In accordance with the provi-
sions of Chapter 365 Code of Iowa
1971, the Civil Service Commission
conducted entrance examinations
on November 15, 1972, for the Fire
Department -
The following named persons
have passed both the written and
physical examinations and are
hereby certified for appointment
to the Fire Department.
j Schaefer, Richard C . ................84%
Potter, ,lames A .........................77%
Respectfully submitted,
Gerard B. Noonan
Chairman
Marvin Van Sickle
Louis F. Fautsch
Civil Service Commission
Attest:
Leo F. Frommelt
Clerk.
Subscribed and sworn to before
me this lith day of January 1973.
Fugene J. Berens
Notary Public
Councilman Pregler moved that
the communication be received and
filed and made a matter of record.
Seconded by Councilman Molden-
hauer. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Notice of claim of Paul Buechele,
in the amount of $400., for property
damage incurred as the result of
a backed -up sewer at. 1919 Rhom.
12 Special Session, January 16, 1973
berg Ave., allegedly caused by a !
city crew working in the area on
January 3, 1973, presented and
read. Councilman Pregler moved
that the notice of claim be referred
to the City Solicitor for investiga-
tion and report. Seconded by Coon- .
oilman Justmann. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays -None.
Notice of claim of Henry F. Baal,
in the amount of $161.00, for pro-
perty damage incurred as the re -
suit of a backed -tip sewer at 1913
Rhomberg Ave. allegedly cause:l
by a city crew working in the
area on January 3, 1973, presented JJ
and read. Councilman Pregler I
moved that the notice of claim
be referred to the City Solicitor
for investigation and report. Se
conded by Councilman Justmann.
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thorns.
Nays—None.
Petition of Mississippi V a l l e y
Milk Producers Ass'n. requesting
a refund of $25. on the unexpired
portion of cigarette license No. 256
as they have discontinued business
on 14-73, presented and read.
Councilman Justmann moved that
the refund be granted and the
Auditor instructed to issue proper
warrant, Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler
Thoms.
Nays—None.
Petition of Mississippi Valley
Milk Producers Ass'n requesting
a refund of $56.25 on the unexpired
portion of Class C beer license
No. 3001, as they have discontinued
business on 1-4.73, presented an''
read. Councilman Justmann moved
that the refund be granted and
the Auditor instructed to issue pro-
per warrant. Seconded by Council-
man Thorns. Carried by the fol-
lowing vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of Clyde Bradley, re-
questing a refund of $50. on the
unexpired portion of cigarette li.
cense No. 235, as he has discon-
tinued business on 11-7-72, pre-
sented and read. Councilman Just -
mann moved that the petition be
granted and the Auditor instructed
to issue proper warrant. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas—Mayor Bitter, Councilman
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of A-1 Plumbing Cooling
& Heating Co. requesting p e r -
mission to excavate at 2900 Central
Ave. to repair a leaking service
line, presented and read. Council-
man Moldenhauer moved that the
petition be granted. Seconded by
Councilman Bitter. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen,
Moldenhauer, Pregler, Thoms.
Nays—none.
Petition of American Legion Au-
xiliary requesting permission to
conduct poppy day sales on May
25th and 26th, presented and read.
Councilman Moldenhauer moved
approval of the petition. Seconded
by Mayor Bitter. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thorns.
Nays—None.
Petition of National Federation
of the Blind requesting to appear
before the Council at the meeting
to discuss the need for including
handicapped in the Civil Rights
Ordinance. presented and read.
Mayor Bitter moved that the peti-
tion be received and filed and re-
ferred to the City Attorney for
early attention. Seconded by Coun-
cilman Pregler. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Sally Harkey of 1190 University
and Mrs. Richard Brown of 1215
Lincoln Ave. both addressed the
Council relative to the petition of
the National Federation of the
Blind, Dubuque Chapter.
Special Session, January 16, 1973 43
Petition of Northwestern Be l 1
Telephone Co. requesting permiss-
ion to excavate at the intersection
of Pennsylvania and J. F. K. Road
to facilitate placing new cables,
presented and read. Councilman
Pregler moved that the petition
be granted. Seconded by Mayor
Bitter. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
RESOLUTION No. 19.73
WHEREAS, the MAYOR'S IN-
DUSTRIAL COMMITTEE on Octo-
ber 20, 1972 recommended to the
City Council in writing that the
application for an option by Ther-
molyne Corporation of Dubuque of
some 7.206 acres in Blocks 12 and
1.3 River Front Subdivision No. 3
was approved; and
WHEREAS, City Council directed
the City Attorney to prepare an
Option Agreement substantially
containing the terms and condi.
tions as set forth in the MAYOR'S
INDUSTRIAI. COMMITTEE'S re-
port to the City Council dated Oct-
ober 20, 1972;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section I. That the Option Agree-
ment to be entered into by and
between the City of Dubuque, Iowa
andthe Thermolyne Corporation,
covering the following described
real estate:
Lot 1 of Block 12, Block 13,
and Lot 1 of Block 14 in " River
Front Subdivision No. 3" in the
City of Dubuque, Iowa.
which provides for an option for
a two year period at $275.00 per
acre per year payable in advance,,
a copy of which is hereto attached,
marked Exhibit "A" and by ref-
erence made a part hereof be
and the same is hereby appr ved.
Section 2. That the City e_ck
be and he is hereby ordered and
directed to publish notice of intent
to dispose of interest in real es-
tate as is by law required.
Passed, adopted and approved
this 16th day of January, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Moldenhauer moved
adoption of the resolution. Second•
ed by Mayor Bitter Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Councilman Thoms moved that
the City Planner and City Solicitor
prepare a resolution urging the
adoption of the 1972 Highway Act
including the emergency bridge
program, financing etc. for the
Dubuque bridge. Seconded by May-
or Bitter. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
There being no further business
Councilman Pregler moved to ad-
journ. Seconded by Mayor Bitter.
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Leo F. Frommelt
City Clerk.
Approved April 23, 1973
Adopted April 23, 1973
Councilmen
City Clerk.
Special Session, January 22, 1973
CITY COUNCIL
OFFICIAL
Special Session, January 22, 1973.
Council met at 7:30 P.M. (C.S.T.)
Present — Mayor Bitter, Coun.
cilmen Justmann, M o I denhauer,
Pregler, Thoms. City Manager Gil-
bert D. Chavenelle.
Mayor Bitter read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of Con-
sidering a Petition of Annexation
submitted by Richard C. Henschel
for property abutting Thomas
Farm Addn., and acting upon such
other business as may properly
come before a regular meeting
of the Council.
Communication of Catholic Mo-
thers Study Clubs of Dubuque Ex-
ecutive Board suggesting that the
proposed merger of the Park and
Recreation Systems would do more
harm than good and could be very
costly, presented and read. Mayor
Bitter moved that the communica-
tion be received and filed and re-
ferred to a meeting if there be
such. Seconded by Councilman
Moldenhauer. Carried by the fol-
lowing vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoma.
Nays—None.
Communication of Frances Firz-
!aff expressing sincere thanks for
the resolution of condolence in me-
mory of her late husband, pre-
sented and read. Councilman Pre-
gler moved that the communica-
tion be received and filed. Second-
ed by Councilman Justmann. Car-
ried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Communication of Teleprompter
referred to Ordinance No. 25-63
granting Dubuque TV Cable Co. -
H & B Communications a franchise
advising that there was no assign-
ment or transfer of the Franchise,
now called Teleprompter only to
conform to their national advertis.
ing policy, presented and read.
Councilman Thoms moved that the
communication be received and fil-
ed. Seconded by Councilman Mol-
denhauer. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
January 16, 1973
Dubuque City Council
To the Members of the City of
Dubuque Conference Board:
RE.: Protest of assessment of
real estate owned by Stampfer
Bldg. Co., 800 Main St., City Lots
29, 30 & S.1.3 of 31
The Stampfer Bldg. Co, repre-
sentatives appeared before the City
Board of Review on May 11, 1970,
and the Board of Review lowered
their actual value from $668,496.00
to 5528,129.00.
They again appeared before the
Board on May 26, 1971, protest-
ing their valuation. At this ses-
sion, the Board denied their pe-
tition.
Again on May 24, 1972, the
Stampfer Bldg. Co., thru their re-
presentatives, appeared before the
Board protesting their valuation.
Again the Board of Review de.
nied their petition.
All three of the above petitions
were appealed to District Court.
Before going into Court, City So-
licitor Romolo Russo and I con-
ferred with Thomas Valentine, pro-
fessional appraiser with the Con-
tinental Appraisal Co., as to what
the fair market value of this pro-
perty would be for the years 1970,
1971 and 1972. We received their
income and expense account for
all three years and after using
the income approach and the re-
placement minus depreciation ap-
proach, Mr. Valentine arrived at
a fair market value on land and
building of $410,000.00. This offer
was made to Starnpfer's attorneys
and they accepted, I would re
commend to the City of Dubuque
Conference Board that this settle-
ment for the years 1970, 1971 and
1972 be approved.
James J. Gregory
City Assessor
Councilman Thoms moved that
the communication be received and
Special Session, January 22, 1973
--------- 45
filed and made a matter of record.
Seconded by Councilman J u s t -
mann. Carried by the following
vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
January 17, 1973
Dubuque City Council
To the Members of the City of
Dubuque Conference Board:
RE: Protest of assessment of
real estate owned by John J. &
Marjorie Roshek, 1845 So. Grand.
view Ave., described as follows:
Pt. of Mineral I.ot 2, Mineral
I.ot 15, Pt. of Mineral Lot 14,
Linheins Sub. Lots 9 & lo.
On May 22, 1972, representatives
for John J. Roshek appeared be-
fore the City Board of Review
protesting the valuation on t h e
above described property, having
an actual value of land, $43,147
building, $153,264 for a total actual
value of $196,411. The Board of
Review denied their petition and
the decision was appealed to Dis-
trict Court.
Before coming to trial the pro-
perty was sold on Aug. 9, 1972,
to James Nesler for $95,000. Be-
fore going to Court, City Solicitor
R. N. Russo and I conferred with
Thomas Valentine of The Conti-
nental Appraisal Company, regard-
ing what the fair market value
on this property would be at the
present time. Using the replace•
ment less depreciation method and
applying both physical and func-
tional (or economic) depreciation,
we arrived at a fair market va-
lue of $102,000. Roshek's represen-
tatives accepted this offer and I
would recommend to the City Con-
ference Board that this settlement
be approved.
James J. Gregory
City Assessor
Councilman Thoms moved that
the communication be received and
filed, and made a matter of re-
cord. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays --- None.
Councilman Pregler moved that
the Mayor be instructed to con.
tact the City Assessor to update
the Conference Board and peruse
inequities of present property law.
Seconded by Councilman Molden-
hauer. Carried by the following
vote:
Yeas — Mayor Bitter, Council.
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Communication of Dubuque Mu.
nicipal Airport that a head tax
be extended to the charter opera-
tor for all passengers hauled in
charter aircraft plus all air car.
rier aircraft operating from the
Dubuque Airport. Mayor B i t t e r
moved that the rules be suspended
in order to let anyone present ad-
dress the Council if they so desire.
Seconded by Councilman Molden-
hauer. Carried by the following
vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
,teff Molid, Airport Manager ad
dressed the Council on the pro-
posed charge by stating that it
is the intent of the Airport Com-
mission to charge $1.00 per head
for all those passengers going on
to an airplane. Mr. Les Harney
also spoke to the Council relative
to the tax as proposed. Council-
man Justmann moved that t h e
communication of the Airport Com
mission be received and filed and
referred to the City Attorney fo-
proper proceedings and an Ordi-
nance. Seconded by Councilman
Moldenhauer. Carried by the fol-
lowing vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Nays — Councilmen P r e g l e r,
Thoms.
Mayor Bitter further moved that
the Staff and Airport Commissio
seek ways of raising revenue in
some other method as to private
operations and pleasure craft. Se-
conded by Councilman Pregler
Carried by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Special Session, January uary 22, 1973
46
January 19, 197:
January 18, 1973
To the Honorable Mayor and
I
Hon. Mayor and City Council
February 26, 1971, Mrs. Ethel
Members of the City Council.
On
1). Gibbonso 2464filed Penn n a
This is to advise that I have
the following Policy an
tiv
City of Dubu-
approved
desire to have your approval on
claim against the
Iowa alleging that she suf-
same.
que,
fered personal injuries and loss
Comprehensive Liability
of work as the result of a fall
Dubuque Plumbing & Heating Cn
on an alleged icy sidewalk on the
Bituminous Casualty Corporation,
east side of Washington S t r e e t
Policy No. GA 716274.
south of 24th Street on February
Respectfully submitted.
g 1971.
Gilbert D. Chavenelle
This matter was referred to the
City Manager
City Attorney who has made an
investigation thereof and has con-
Councilman Moldenhauer moved
ferred with claimant's attorney
that the policy be approved for
who has advised that claimant suf-
filing subject to approval of the
fered loss of wage of $1233.12,
City Attorney. Seconded by Mayor
hospital bills of $20.25 and doctor
Bitter. Carried by the following
bill of $38.00. Claimant, through
vote:
her attorney. has made an offer
Yeas — Mayor Bitter. Council-
of settlement of this matter in
men Justmann, Moldenhauer,
the amount of $1,300.00 of which
Pregler, Thorns.
amount the abutting property own
Nays — None.
er's carrier has agreed to pay
51,000.00 and the City shall pay
January 17, 1973
$300.00 and it is the recommenda
Hon. Mayor & City Council
tion of the City Attorney that said
On September 26, 1973, Robert
offer of settlement be accepted
the City Auditor be instruct-
and Sharon Arensdorf of 350 Kauf-
and
to draw warrant payable to
man Avenue, this city, filed claim
against the City of Dubuque, Iowa
ed
Ethel D. Gibbons and Wilfred J.
in the amount of $650.00 alleging
Gibbons, her husband, in the
of $300.00 and transmit
said damages occurred on June
amount
to the City Attorney for de-
10, 1972 to the basement of his
residence at said address and fur-
same
livery upon receipt of executed
Wer claiming said damages were
releases.
Originals of notice of claim and
the result of improper installation
letter of notice from abutting pro-
of storm sewer.
perty owner's carrier are attached
This matter was referred to the
hereto.
appropriate City Agency who made
Respectfully submitted,
an investigation thereof and re-
E'aso
ported to this office by way ofR.N.
I City Attorney
Ci
letter of no negligence on the part
of the City, and in view of the
Councilman Moldenhauer moved
foregoing it is the recommends-
approval of the recommendation.
tion of the City Attorney that said
Seconded by Councilman J u s t
claim be denied.
mann. Carried by the following
Original claim is returned here-
vote:
with.
Yeas — Mayor Bitter, Council
R. N. Russo
I, men Justmann, Moldenhauer,
City Attorney
Pregler, Thorns.
Nays — None.
Councilman Moldenhauer moved
approval of the recommendation.
January 18, 1973
Seconded by Councilman J u s t- I Hon. Mayor & City Council
mann. Carried by the following The Sisters of St. Francis of
vote:
I Dubuque, Iowa, who owned a tract
Yeas — Mayor Bitter, Council-
I of land located north of Davis Ave-
,nen Justmann, Moldenhauer,
nue in the City of Dubuque, Iowa,
Pregler, Thorns.
requested that a portion of the
Nays — None.
property be rezoned from its cur-
Special Session, January 22, 1973 47
rent Single Family Residence
Classification to a Multiple Family
Residential District Classification
and the purpose for such request
being that they are planning to
use property for a child develop-
ment or nursing care center.
Thereafter, the matter having
been referred to the Planning and
Zoning and on October 17, 1972,
the Planning and Zoning Commiss-
ion unanimously passed a motion
and set this matter for public hear-
ing on November 15, 1972 and
thereafter, on November 17, 1972
a written communication was di-
rected to the City Council stating
that the Planning and Zoning Com-
mission had recommended that the
petition of the Sisters of St. Francis
be approved in that it was the
opinion of said Commission that
the reclassification of this parcel
to Multiple Residence District
Classification was appropriate and
thereafter, the matter was return-
ed to the City Council where, at
its meeting of January 2, 1973,
the matter was considered by the
Council and at which time the:
property owners abutting the area
voiced objections to the proposed
rezoning, both orally and in writing
and whereupon, the matter was
referred to the City Attorney and
to the City Planner for investiga-
tion and report.
The basis of the referral to the
City Attorney and the City Planner
for investigation and report stem-
med from the substance of the
objections voiced in that, while
the objectors did not have any
objection to the location of said
facility in the area, they were
fearful that once the property had
been rezoned to Multiple Residence
DIstrict Classification, then such
classification would permit any and
all uses authorized and permitted
under such classification, e v e n
though the present facility would
no longer be in existence.
I have made an examination of
this matter, I have conferred with
the City Planner and I have also
conferred with Mrs. Elaine Bar-
wick, who is the proposed director
of this facility and appears to be
one of the moving forces behind
its creation, and I have also ex-
amined the existing law, as well
as, other documents presented by
Mrs. Barwick as to her intended
use of said premises, and it is
my opinion that it is not necessary
to rezone said property in order
to accommodate the proposed use
as outlined and petitioned for by
the Sisters of St. Francis or as
outlined by Mrs. Elaine Barwick.
Zoning Ordinance No. 3-34 pro-
vides in the Single Family Resi-
dence District that no building or
premise shall be used and no build-
ing nor structure shall be erected
or altered to be used, in whole
or in part, unless otherwise pro-
vided for in this Ordinance: except
for the following purposes, educa-
tional, religious or philanthropic
use, excluding business schools, or
colleges, or correctional institution
being permitted uses in the Single
Family Residence District. The fa-
cility proposed to be located there-
on is a building to house a corpora-
tion to be formed known as Hills
and Dales Child Development Cen-
ter, which will be a profit corpora-
tion and its intended purposes is
for the Education and Training
program for the severely mentally
and physically handicapped chil-
dren and the stated purpose togeth-
er with the documents exhibited
to this writer by Mrs. Elaine Bar
wick would appear to support the
conclusion that the facility is an
"educational" institution.
In the case of Livingston vs Da-
vis, which is cited in 50 NW 2nd,
592, the Supreme Court of Iowa
had occasion to pass on the ques-
tion, of a private preschool or nur-
sery school for children from two
to five which had a regular sched-
ule and rules, which the Court
determined that such a school wa;
a private, elementary school with-
in the City's Zoning Ordinances.
which restricted the area in which
the school was located to such
schools, although, none of the tea-
chers had a certificate to teach
in Iowa public schools and the
Court generally went on to say
that schools are generally suitable
in an area zoned for residential
purposes. The action was brought
before the Court by inhabitants
of a residential district attempting
to enjoin the defendants from ope-
rating in the district a private
preschool or nursery school, claim
ing same was in violation of the
City Zoning Ordinance.
Special Session, January 22, 1973
-91w. Court further went on to
IAI :hit there is little doubt that
cedant school was a school and
srnt on to define that an accepted
definition of a school was a place
for instruction in any branch, or
branches, of knowledge and not
a common definition is ,a place
where instruction is imparted to
the young".
Under the Zoning Ordinance
existing at the time, that a pri-
vate elementary school was per.
mit'ted in a Class A Residence
District under the City Zoning Or-
dinance which limited the taking
of children up and not exceeding
the age of fourteen years. In view
of the foregoing decision, it is my
opinion that even though the pro-
posed program outlined by Mrs.
Barwick proposes to engage in
courses in preeducational and pre
vocational development, and to de-
velop a regular curriculum and
program, that such constitutes an
educational institution within the
intent and language of Ordinance
No. 3-34, Article II thereof, Sec-
tion 1 (b).
The location of this facility in
a Single Family Residence Dis-
trict, in my opinion, would form
no basis for the adjoining pro-
perty owners to complain as they
have specifically stated to the
Council that they have no objec-
tion to the school per se.
cerned and still retain the integrity
of the Ordinance.
Respectfully submitted,
R. N. Russo
City Attorney
Councilman Justmann moved
that the communication be re-
ceived and filed. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer.
Pregler, Thorns.
Nays — None.
Mayor Bitter moved that Ordi-
nance No. 63-72 relative to the
rezoning of property owned by
Sisters of St. Francis, a hearing
of which was held at the Council
meeting of January 2, 1973 and
then referred to the City Solicitor
and Planner for investigation and
report, not be adopted. Seconded
by Councilman Moldenhauer. Car-
ried by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays—None.
Accordingly, I have communicat-
ed my conclusions to Mr. Arnold
Brimeyer and have received his
assurances that on the surface it
appears satisfactory.
I am taking the liberty of for-
warding a copy of this letter to
Mr. Arnold Brimeyer as t h e
spokesman for the neighborhood.
Accordingly, it is my opinion this
matter, if. the Council agrees with
this opinion, is no longer a matter
for the City Council's action but
rather, would be a matter for the
petitioners to take up with the
Building Commissioner and get his
concurrence in my opinion, for the
purpose of issuing a building per-
mit as well as a certificate of
occupancy.
I believe this matter has now
been resolved satisfactorily to the
best interests of all parties con-
January 22, 1973
Honorable Mayor
and Councilmen
At your meeting of January 2.
1973 the matter of Multiple Resi-
dence zoning on property of th-
Sisters of St. Francis was referred
by you to the City Attorney and
to this office for investigation and
report. This matter had come be-
fore the Council in the recommen-
dation of the Planning and Zoning
Commission to reclassify from Sin-
gle Family Residence to Multiple
Residence District a 4 acre parcel
of property of the Sisters. The
reclassification was for the purpose
of constructing a child develop
ment nursing care center on the
parcel, which use had been as-
sumed to require the Multiple Re-
sidence classification.
I have met with the City At-
torney on this matter and have
reviewed his findings as communi-
cated to you in his letter dated
January 18, 1973. The following
comment is offered in support of
his finding in this matter.
In its consideration of the re
zoning request, both the staff and
the Commission were of the opinion
that a child development nursin;;
Special Session, January 22. 1973 49
care center was an appropriate
use on the Davis Street property.
We had also considered that the
zoning reclassification could be us-
ed to permit apartment develop-
ment on this site, but had deter-
mined that extensive apartment de-
velopment was neither sought by
the petitioners nor likely to be
undertaken on the property be-
cause of the nature of the parcel
and its relation to a public street.
Nevertheless, the spectre of un-
limited apartment development on
the site was the major concern
of neighborhood residents and pre-
sented an unfortunate obstacle to
the intended development of th--
child care center. It was in this
regard that the petition was re-
ferred to the City Attorney and
City Planner for further investiga-
tion.
The City Attorney has reported
on this matter and has, in my
,judgement, successfully resolved
this difficult and unfortunate situp
lion.
I recommend that his findings
be approved by the City Council
and that the child development
nursing care center be permitted
within the Single Family Residence
District.
Daniel Dittemore
Development Planner
Councilman Justmann moved
that the communication be re-
ceived and filed. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas — Mayor Bitter. Council-
men Justmann, Moldenhauer,
Pregler, Thorns.
Nays — None.
January 18, 1973
Honorable Mayor
and City Council
An action was commenced by
John V. Reisner against the Board
of Trustees of the Fire Retire-
ment System of the City of f)u-
buque, Iowa wherein he claimed
to be entitled to disability retire-
ment rather than ordinary retire-
ment as the result of emphysema
The Board of Trustees of the
Fire Retirement System denied Mr
Reisner's application for disability
benefits and awarded him ordinary
retirement to which he was en-
titled.
Thereafter, Mr. Reisner appeal-
ed to the District Court of Iowa,
Dubuque County, which rendered
decree sustaining the action of the
Board of Trustees of the Fire Re-
tirement System of the City of
Dubuque, Iowa. Thereafter, Mr.
Reisner appealed to the Supreme
Court of Iowa and on the 17th
day of January 1973, the Supreme
Court of Iowa rendered opinion
sustaining the action of the Dis
trict Court of Dubuque County, Io-
wa and the Board of Trustees o
the Fire Retirement System of the
City of Dubuque, Iowa.
A copy of the Supreme Court
opinion is hereto attached.
R. N. Russo
City Attorney
Councilman Justmann moved
that the communication be re-
ceived and filed. Seconded by
Councilman Pregler, Carried by
the following vote:
Yeas — Mayor Bitter, Council-
men .Justmann, Moldenhauer.
Pregler, Thorns.
Nays — None.
January 18, 197:;
Honorable Mayor
and Councilmen
The Dubuque Planning and Zon
ing Commission has held a publi;
hearing on a petition to change
the zoning classification of L,ot ;
of Block 22 in Key Knolls Sub-
division in the City of Dubuque,
Iowa, from Multiple Residence•
Professional Office classification to
Local Business "A" classification.
This property had been petition-
ed for change to Local Busines.+
"B" classification in April of 1972.
The Commission recommended
against that earlier petition V
cause of potentially adverse traffic
conditions associated with uses pe
milted in the Local Business "B"
zone. The requested Local Busine
"A" zone is felt to be more ar
propriately restrictive in regard
to both traffic considerations an•'
for its relationship to adjoinin•
properties and is in keeping with
the 0.2 District classification pro-
posed in the new zoning ordinance.
This proposed zone would permi'
some limited commercial uses i
addition to office uses.
It should also be noted that th,
petitioner has requested the Local
Special Session, January 22, M3
Business "A" classification to per-
mit the construction of a restuar-
ant, with a possible later addition
of a small office building. Both
of these uses would be permitted
in the proposed 0-2 classification.
Other uses that could be estab.
lished within the Local Business
"A" classification would generally
have traffic impact equivalentto
the uses intended for development
in the proposed 0.2 zone.
The Commission has determined
that the request for Local Business
"A" classification is consistent
with its plan for development of
the area and that re-classification
of the property is appropriate at
this time. The Planning and Zoning
Commission has recommended that
the petition be approved.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Justmann moved
that the recommendation be re-
ferred for proper proceedings. Se-
conded by Councilman Molden.
hauer. Carried by the following
vote:
Yeas — Mayor Bitter, Council.
men Justmann, Moldenhauer,
Pregler, Thorns.
Nays — None.
January 18, 1973
Honorable Mayor
and Councilmen
The City Planning and Zoning
Commission has held a public hear-
ing on a petition to reclassify pro-
perty at 2403 Central Avenue from
Multiple Residence District to Bu-
siness District. This property is
described as Lot 1 of Lot of
Lot 2 of Lot 11 and Lot 2 of
Lot 1 of Lot 11 in Wullwcber'-
Subdivision in the City of Dubuque,
Iowa.
It was noted at the hearing that
this property lies directly across
West 24th Street from an existing
Business District and that the di-
mensions of the property make
it unsuitable for residential deve-
lopment.
It Is the opinion of the Planning
and Zoning Commission that the
Business District classification i5
appropriate for this property. It
is their recommendation that the
petition be approved.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Pregler moved that
the recommendation be referred
for proper proceedings. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann. Moldenhauer,
Pregler, Thoms.
Nays -- None.
Notice of Claim of Kenneth N.
Kunkel, in the amount of 545.00.
for expense incurred as the result
of a backed -up sewer at 1970 Lin-
coln Ave. on January 6, 1973, pre-
sented and read. Mayor Bitter
moved that the notice of claim
he referred to the City Attorney
for proper action. Seconded b-
Councilman Moldenhauer. Carried
by the following vote:
Peas — Mayor Bitter, Council-
men Justmann. Moldenhauer,
Pregler, Thorns.
Nays — None.
Notice of claim of Pete Tim-
merman, in the amount of $130.,
for expense and property damage
incurred as the result of a backed -
up sewer at 1980 Lincoln Ave. on
January 6, 1973, presented and
read. Mayor Bitter moved that the
notice of claim be referred to the
City Attorney for proper action.
Seconded by Councilman Molden-
hauer. Carried by the following
vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer.
Pregler, Thoms.
Nays — None.
Notice of claim of Richard A.
Meyer, in the amount of $150..
for expense and property damage
incurred as the result of a backed.
up sewer at 2085 Roosevelt on
January 6, 1973, presented and
read. Mayor Bitter moved that the
notice of claim be referred to the
City Attorney for proper action.
Seconded by Councilman Molden-
hauer. Carried by the following
vote:
Yeas -- Mayor Bittcr, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays -- None.
Special Session, January 22, 1973. 51
Petition of Lil Giant Food Ston.
Inc. 1101 Rhomberg Ave., request-
ing a refund of $75.00 on the un
expired portion of Class "C" beer
permit No. 3252, as they have dis-
continued business on 1-18-73, pre-
sented and read. Mayor Bitter
moved that the refund be grant
ed and the Auditor instructed to
issue proper warrant. Seconded by
Councilman Moldenhauer. Carried
by the following vote:
Yeas — Mayor Bitter. Council
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Petition of L.il Giant Food Store.
Inc. of 1101 Rhomberg Ave. re-
questing it refund of $25.00 on the
unexpired portion of cigarette li-
cense No. 218, as they have dis-
continued business on 1-18-73, pre-
sented and read. Mayor Bitter
moved that the refund be granted
and the Auditor instructed to is-
sue proper warrant. Seconded by
Councilman Moldenhauer. Carried
by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer.
Pregler, Thoms.
Nays — None.
Petition of Philip A. Powers re-
questing rezoning for professional
office use as permitted under the
existing Multiple Classification f'>r
a distance of 250' back from .1.
F. K. Road, property is actual)
located along the east side of Keii-
nedy Road from Hillcrest Roa,
northerly to the City Fire Station,
presented and read. Mayor Bitter
moved that the petition be re-
ferred to the Planning & Zonin"
Commission. Seconded by Council-
man Moldenhauer. Carried by thy'
following vote:
Yeas — Mayor Bitter, Council
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays -- None.
RESOLUTION NO. 20.73
Aw,horizing the execution of a Cer-
tificate of Completion for Graham's
Style Store for Men, Inc.
WHEREAS, under date of No-
vember 12, 1970, the City of Du-
buque entered into a Contract of
Sale of Land for Private Redeve-
lopment with Graham's Style Store
For Men, Inc. for real estate here-
inafter described; and
WHEREAS, under the terms of
said contract the subject real es-
tate was conveyed by the City
of Dubuque to Graham's Style
Store For Men, Inc. who construct-
ed thereon certain improvements;
and
WHEREAS, Section 307 of said
contract provides that upon com-
pletion of the improvements the
City of Dubuque will furnish Gra-
ham's Style Store For Men, Inc.
a Certificate of Completion; and
WHEREAS, it has determined
that the required improvements
have been satisfactorily complet-
ed; now therfore
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBJTQUE, IOWA:
Section 1. That the Mayor and
City Clerk be and they are hereby
authorized and directed to execute
a Certificate of Completion for the
Graham's Style Store For Men.
Inc. for the improvements located
on Block 10 in Dubuque Down-
town Plaza in the City of Du-
buque, Iowa, situated in the Down-
town Urban Renewal Project, Io-
wa R-15.
Section 2. That the Clerk be and
he is hereby authorized and direct-
ed to file a copy of this resolution
and the executed copy of the Cer-
tificate of Completion in the office
of the County Recorder in and
for Dubuque County, Iowa.
Passed, approved and adopted
this 22nd day of January, 1973.
Joseph J. Bitter
Mayor
Allan T. Thorns
Walter A. Pregler
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frornmelt
City Clerk
Councilman Moldenhauer moved
adoption of the resolution. Second-
ed by Councilman Justmann. Car-
ried by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer.
Pregler, Thoms.
Nays — None.
Communication of City Engineer
White requesting that the City At-
torney be directed to proceed with
necessary legal action to secure
52 Special Session, January 22, 1973
perpetual easement over a certain 1 of the City of Dubuque, Iowa in
described area of property owned order to secure said perpetual
by Richard V. Hansel as general easement for the installation, lo.
manager of Hillcrest Builders, Inc., cation and maintenance of the Cen-
in order to proceed with the con- ter Grove Valley Sanitary Inter-
struction of the Center Grove Val- ceptor Sewer in the property of
ley Sanitary Interceptor s e w e r, Hillcrest Builders, Inc. as shown
presented and read. Councilman I on Exhibit "A" or as the location
Pregler moved that the communi- I may be subsequently modified.
cation be received and filed. Se- Passed, approved and adopted
conded by Councilman Thorns. Car- this 22nd day of January, 1973,
ried by the following vote: Joseph J. Bitter
Yeas — Mayor Bitter, Council- Mayor
men Justmann, Moldenhauer, Walter A. Pregler
Pregler, Thorns. Allan T. Thorns
Nays — None. j Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
RESOLUTION NO. 21.73
WHEREAS, the City of Dubuque,
Iowa has been negotiating with
Mr. Richard V. Hansel of Hill-
crest Builders, Inc. in connection
with the City's efforts to secure
a perpetual easement for the pro-
posed Center Grove Valley Sani-
tary Interceptor Sewer; and
WHEREAS, it is essential for
the public purpose that said ease-
ment be acquired for the location,
installation of said sewer; and
WHEREAS, the Engineering De-
partment of the City of Dubuque,
Iowa have represented to this City
Council that such efforts to acquire
such perpetual easement has been
unproductive; and
WHEREAS, the securing of said
perpetual easement by way of Emi-
nent Domain proceedings is indi-
cated in this instance;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCII.
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That it is essential
for the public purpose for the City
of Dubuque, Iowa to acquire a
perpetual easement in certain real
estate owned by Hillcrest Builders,
Inc. and for the location and in-
stallation of the proposed Center
Grove Valley Sanitary Interceptor
Sewer, the location of which is
outlined on the attached map
marked Exhibit "A" and by re-
ference made a part hereof, and
that efforts to secure said per-
petual easement by negotiations
have failed.
Section 2. That the City Attorney
is hereby directed and ordered to
institute at the earliest possible
time, the appropriate Eminent Do-
main proceedings for and on behalf
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thorns. Carried by
the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thorns.
Nays — None.
January 19. 1973
Honorable Mayor
and Councilmen
The City Planning and Zoning
Commission has reviewed a pro-
posal to voluntarily annex property
consisting of 0.763 acres more or
less, lying south of Valentine Drive
and abutting the 'Phomas Farm
Addition. This property is describ-
ed as follows: Lot 2 of NW;4,
NW fractional 1,4, Section 2, Town-
ship 88 North, R2E of 5th Princi-
pal Meridian; and I.ot 2 of Lot
I of NEIA, NW fractional 1/4, Sec-
tion 2, Township 88 North, R2E
of 5th Principal Meridian, all in
Table Mound Township, Dubuque
County, Iowa.
The Commission has found that
the property is contiguous to the
present southerly City limits of
the City of Dubuque, Iowa, and
that municipal services can be pro-
vided to the area. The Planning
and Zoning Commission has re-
commended that the petition be
approved.
Respectfully submitted
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Special Session, January 22, 1973 53
Councilman Pregler moved that
the communication be received and
filed. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
RESOLUTION ANNEXING
CERTAIN TERRITORY
No. 22-73
WHEREAS, the owners of an
area approximately 0.763 plus ac-
res in size immediately adjoining
the southerly city limits of the
City of Dubuque, Iowa; and
WHEREAS, the inhabitants of
said territory will be enabled to
secure the benefits of city govern-
ment in the way of police and
fire protection if said territory is
incorporated within the city limits
of the City of Dubuque, Iowa; and
WHEREAS, the inhabitants of
said territory will be enabled to
secure water, and other munici-
pal services if said territory is
incorporated within the city limits
of the City of Dubuque, Iowa; and
WHEREAS, Section 362.30, Code
of Iowa 1958, authorizes the ex-
tension of city limits in situations
of this character by the adoption
of a resolution therefore; and
WHEREAS, the future growth,
development and preservation of
the public health of the City of
Dubuque, Iowa, makes it impera-
tive that said territory be made
a part of the City of Dubuque,
Iowa; and
NOW, THEREFORE, be it re-
solved by the City Council of the
City of Dubuque, Iowa, that the
territorial limits of the City of
Dubuque, Iowa be and they are
hereby extended to include t h e
area comprising the following de-
scribed real estate:
I.ot 2 of Northwest One -Quarter,
Northwest Fractional One -Quarter,
Section 2, Township 88 North,
Range 2 Fast of 5th Principal Me-
ridian; and
Lot 2 of Lot 1 of Northeast One -
Quarter, Northwest Fractional
One -Quarter, Section 2, Township
88 North, Range 2 East of 5th
Principal Meridian,
each being in Table Mound Town-
ship, Dubuque County, Iowa.
This area is as shown on the
plat attached hereto, and by this
reference made a parthereof, said
area being shaded in yellow there-
on.
Passed, adopted and approved
this 22nd day of January, 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 Justmann. Carried
by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Communication of Department of
Housing & Urban Development
submitting a copy of a review
made relative to cities for the
adoption of provisions of the Uni-
form Plumbing Code which is bas-
ed on the State Plumbing Code,
presented and read. Councilman
Moldenhauer, moved that the com-
munication be referred to the Ma-
nager and staff. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 23-73
WHEREAS, applications for Beer
permits have been submitted to
this Council for approval and the
same have been examined: NOW
THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following applica-
tions be granted and permits is-
sued upon the compliance with the
terms of the ordinances of the
City.
CLASS "B" BEER PERMIT
Adele Fens 210 West 1st Street.
CLASS "C" BEER PERMIT
National Tea Company, 555 Ken-
nedy Mall
Thompson's Food Market's, Inc.,
805 West 5th Street
Thompson's Food Markets, Inc.,
51 West 32nd Street
54
Special Session, January 22, 1973
Passed, adopted and approved
this 22nd day of January, 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 Justmann moved
adoption of the resolution. Second-
ed by Councilman Pregler. Car-
ried by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 24-73
WHEREAS, applications for Beer
permits have been filed by the
within named applicants and they
have received the approval of this
Council; and
WHEREAS, the premises to be
occupied by the 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 following named
applicants a Beer permit.
CLASS "B" BEER PERMIT
Adele Fens, 210 West 1st Steffi.
CLASS "C" BEER PERMIT
National Tea Company, 555 n-
nedy Mall
Thompson's Food Markets,
805 West 5th Street
Thompson's Food Markets, Inc.,
51 West 32nd Street
BE IT FURTHER RESOLVED
THAT THE BONDS FILED by
such applicants be and the same
are hereby approved.
Passed, adopted and approved
this 22nd day of January, 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 Justmann moved
adoption of the resolution. Second-
ed by Councilman Pregler. Car-
ried by the following vote:
leas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thorns.
Nays — None.
Mr. Pets Timmerman of 1980
Lincoln Ave., Tom Dolter of 1960
Lincoln Ave., Richard A. Meyer
of 2085 Roosevelt St., & Ken Kun-
kel of 1970 Lincoln Ave. all ad-
dressed the Council relative to se-
wer back-up problems into their
homes.
Councilman Justmann moved
that the matter be referred to
the staff for immediate action. Se
conded by Councilman Molden-
hauer. Carried by the following
vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thorns.
Nays — None.
Leo F. Frommelt
City Clerk
Approved April 23, 1973
Adopted April 23, 1973
City Clerk.
Special Session, January 29, 1973 55
CITY COUNCIL
OFFICIAL
Special session, January 29, 1973.
Council met at 7:30 P.M. (C.S.T.)
Present — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms. City Manager Gil.
bert D. Chavenelle.
Mayor Bitter read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of amend-
ing certain sections of the Human
Rights Ordinance and acting upon
such other business as may pro
perly come before a regular meet-
ing of the Council.
Mrs. Ken Schmidt of the League
of Women Voters presented the
members of the Council and staff
with a booklet entitled "Know Du-
buque" which provides informa
tion about the County and City
and their various governing bodies.
Mayor Bitter submitted the fol-
lowing appointments: Mrs. Char-
lotte Solomon to the Dubuque Ad
visory Commission to fill unexpired
term of Robert L. Day to June
1, 1973; Dave Clemens to the Du-
buque Advisory Commission to fill
unexpired term of Arthur L. Bol-
ing to June 1, 1975; Stacey Mur-
dock to the Airport Commission
to fill the unexpired term of Lloyd
Peterson, to 9-14-76. Councilman
Justmann moved approval of the
appointments. Seconded by Coun-
cilman Pregler. Carried by the
following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
PregLr, Thoms.
Nays — None.
Minutes of the meeting of Jan-
uary ll, 1973 held by the Dubuque
Human Rights Commission, pre-
sented for the record. Councilman
Justmann moved that the minutes
he received and filed. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Minutes of the meeting of Ja-
nuary 17, 1973 held by the Low
Rent Housing Commission, present-
ed for the record. Councilman
Justmann mored that the minutes
be received and filed. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer.
Pregler, Thoms.
Nays—None.
January 25, 1973
The Honorable Mayor
and City Council
A number of complaints have
been received regarding the condi-
tion of a building and premises
at 1729 Prescott Street, Dubuque,
Iowa.
On August 2, 1972 an inspection
was made by the Housing Depart-
ment of a two story, single fa-
mily, frame structure. At this time
this dwelling was posted as unfit
for human occupancy, due to a
number of violations of the Mini
mum Housing Code and excessive
deterioration from the lack of pro-
per maintenance.
On December 11, 1972 an order
was sent to the owner of record,
Miss Helen K. Dondlinger, R.R.
#2, Lancaster, Wisconsin 53813, to
dismantle the structure and clean
up the premises.
This order has not been complied
with and 1 recommend to the City
Council that the provisions of Or.
dinance No. 35-52 be enforced and
that the owner of said building
known as 1729 Prescott Street and
located on Lot 592. Hamm's Sub.
division, City of Dubuque, Iowa,
be required to dismantle s a i d
building and clean up the premises.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the communication be received and
filed and the matter be set down
for a public hearing to be held
on February 19, 1973, and the Clerk
be instructed to publish notice. Se-
conded by Councilman Thoms. Car-
ried by the following vote:
Yeas -- Mayor Bitter. Council-
men Justmann, Moldenhauer.
Preeler, Thoms.
Nays — None.
January 25, 1973
The Honorable Mayor and
Pity Council
A petition and numerous com.
plaints have been received regard
ing the conditions of a building,
56 Special Session, January 29, 1973
premises and a four (4) car ga-
rage at 614 Lincoln Avenue, Du-
buque, Iowa.
On August 2, 1971 an inspection
was made by the Housing Depart-
ment of the two story, seven apart-
ment, frame structure, At this time
three (3) apartments had been
posted as unfit for human occu-
pancy, due to many violations of
the Minimum Housing Code.
Several contacts were made by
the Housing Department, with the
owner by telephone and direct con-
tact to expedite this situation.
Some cooperation was shown in
regard to making the property
more presentable and livable.
On December 5, 1972 a fire in
the dwelling apparently resulted
in intensive damage to the in-
terior, and due to the number of
exterior and interior violations of
the Minimum Housing Standards,
this property is now vacated and
is posted aF unfit for human oc-
cupancy.
On December 7, 1972 an order
was sent to the owner of record,
Mr. Raymond G. McDonald, Jr.,
632 Nevada Street, Dubuque, Iowa,
to dismantle the structures and
clean up the premises.
This order has not been complied
with and I recommend to the City
Council that the provisions of Or-
dinance No. 35-52 be enforced and
the owner of said building known
as 614 Lincoln Avenue and located
on the S.W. % of Lot 52 in Cook's
Addition, N.E. % of Lot 53 in
Cook's Addition, City of Dubuque.
Iowa, be required to dismantle said
buildings and clean up the pre-
mises.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the communication be received and
filed and the matter set down for
a public hearing to be held on
February 19, 1973, and the Clerk
be instructed to publish notice. Se.
conded by Councilman Thoma. Car
ried by the following vote:
Yeas — Mayor Bitter, Council
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Councilman Pregler moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Bitter, Council.
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Mr. Harold Zimmerman of the
Building Department submitted a
history of events relative to the
delapidated buildings located at
1729 Prescott Street and at 614
Lincoln Avenue.
January 22, 1973
To the Honorable Mayor
and City Council
I herewith submit the reports
of the City Treasurer, City Auditor.
Water Superintendent and Health
Department, as well as a list of
claims paid, for the month of De-
cember 1972.
Gilbert D. Chavenelle
City Manager
Councilman Thoms moved that
the reports be received and filed.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Proof of Publication, certified to
by the Publisher, of Statement of
Receipts and Disbursements and
list of claims for December 1972,
presented and read.
Councilman Thoms moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
January 25, 1973
To the Honorable Mayor
and City Council
This is to advise that I have
approved the following bond, and
desire to have your approval on
same.
SIDEWALK
Gilbert Roling, Merchants Mutual
Bonding Co.
Gilbert I). Chavenelle
City Manager
Councilman Thoms moved filing
approval subject to approval of
the City Attorney. Seconded by
Special Session, January 29, 1973 57
Councilman Pregler. Carried by
the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Decision of Hearing Board, be-
fore the Department Hearing
Board of the Iowa Beer and Li-
quor Control Department, in the
matter of the Class "B" beer per-
mit of Phillip T. Langas d -b -a
Phil's Pizza & Chicken Hut, 1105
I,oras Blvd., decision of the Board
that the appeal be denied, pre-
sented and read. Councilman
Thoms moved that the decision
be received and filed. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
January 23. 1973
Honorable Mayor
and City Council
On December 26, 1973, Mrs. John
McEvoy of 7£3445 Wilson Avenue,
this city, filed claim against the
City of Dubuque, in the amotmt
of $41.63 claiming said damages
occurred to the fender and head-
light of her automobile on Decem-
ber 13, 1972 as the result of strik-
ing an icy spot at the south exit
of the Iowa Street Parking Ramp
on December 13, 1973.
This matter was referred to the
appropriate City Agency who has
made an investigation of said mat-
ter and has reported to the City
Attorney of no liability or negli-
gence on the part of the City,
and 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 Thoms moved appro-
val of the recommendation. Se-
conded by Mayor Bitter. Carried
by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays -- None.
Communication of Carl J. Lem -
mer by David l.eifker attorney re-
questing withdrawal of his rezon-
ing request of Lot 2 of 1 of 1
of 2 of Soh of Lot 2 of 1 of
M. L. 452, presented and read.
Councilman Thoms moved that
the communication be received and
filed. Seconded by Mayor Bitter.
Carried by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
January 26, 1973
Honorable Mayor
and Councilmen
The petition of Mr. Carl J. Lem -
mer for zoning classification of
his property at 2639 John F. Ken-
nedy Road, and as referred to
the Planning and Zoning Commis.
sion at your meeting of January
1, 1973, is withdrawn from any
further action in accordance with
the letter of Mr. David I.eifker,
attorney for the petitioner.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Thoms moved that
the communication be received and
filed. Seconded by Mayor Bitter.
Carried by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Notice of claim of Mark T.
Grace, in the amount of $15.00
plus, for car damage incurred as
the result of striking a hole in
the alley behind Stampfers on Ja-
nuary 20, 1973, presented and read.
Councilman Justmann moved that
the notice of claim be referred
to the City Attorney for proper
action. Seconded by Mayor Bitter.
Carried by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Notice of claim of Vickie Kruser,
in the amount of $57.20, for car
damage incurred in the alley be-
hind Stampfers on January 20, 1973
presented and read. Councilman
Justmann moved that the notice
of claim be referred to the City
Attorney for proper action. Second-
Special Session, January 29, 11,973
ed by Mayor Bitter. Carried by
the following vote:
Yeas — Mayor Bitter, Council-
men Justmann. Moldenhauer,
Pregler, Thoms.
Nays — None.
Notice of claim of Roger A. Gun-
derson, in the amount of $15.000
for personal injuries received in
a fall on an ice covered walk
at the intersection at First 8 Main
on the east side, on January 15,
1973, presented and read. Council-
man Justmann moved that the no-
tice of claim be referred to the
City Attorney for proper action.
Seconded by Mayor Bitter. Carried
by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann. Moldenhauer,
Pregler, Thoms.
Nays — None.
Mr. Richard Hansel addressed
the Council relative to the rezoning
of Lot A of Block 22 in Key Knolls
Sub. by stating that the curve in
Kennedy Road was done to acco-
modate one property owner. Right
of Way should be eight feet wide.
They would allow the road to be
widened. He requested a public
hearing on the proposed Ordinance.
ORDINANCE NO. 2-73
An ordinance amending and chang-
ing Ordinance No. 3.34 known as
the "Zoning Map and Zoning Or-
dinance of the City of Dubuque,
Iowa" so as to change certain
property hereinafter described
from "Multiple Residence District"
classification to "Local Business
'A' District" classification, (Lot 'A'
of Block 22 in Key Knolls Sub.),
presented and read.
Councilman Pregler moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Mayor Bitter. Car-
ried by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Councilman Pregler moved that
the rule requiring an Ordinance
to be read for three separate days
be waived. Seconded by Mayor
Bitter. Carried by the following
vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Councilman Pregler moved that
a public hearing be held on the
Ordinance on February 19, 1973,
at 7:30 o'clock P.M. in the Coun.
cil Chamber at the City Hall and
that the City Clerk be instructed
to publish notice of the hearing
in the manner required by law.
Seconded by Mayor Bitter. Car-
ried by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
ORDINANCE NO. 3-73
An ordinance amending and chang-
ing Ordinance No. 3-34 known as
the "Zoning Map and Zoning Or-
dinance of the City of Dubuque,
Iowa" so as to change certain
property hereinafter described
from "Multiple Residence District"
classification to "Business D i s-
trict' classification, (lot 1 of 2
of 2 of 11 and Lot 2 of 1 of
11 in Wullweber's Sub.)
presented and read.
Councilman Pregler moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Mayor Bitter. Carried
by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
i Nays — None.
Councilman Pregler moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Mayor
Bitter. Carried by the following
vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
I Nays — None.
Councilman Pregler moved that
a public hearing be held on the
Ordinance on February 19, 1973,
at 7:30 o'clock P.M. in the Council
Chamber at the City Hall and that
the Clerk be instructed to publish
notice of the hearing in the manner
required by law. Seconded by Ma-
yor Bitter. Carried by the follow-
ing vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer.
Preeler, Thoms.
Nays — None.
Special Session, January 29, 1973 59
ORDINANCE NO. 4.73
An ordinance amending Ordinance
No. 61.71 known as the "Dubuque
Human Rights Ordinance" by re-
pealing Section 100 of Article 1
thereof by enacting a new Sec-
tion 100 in lieu thereof to include
Subsection 11 thereto defining
"Disability": by repealing Section
102 thereof and enacting a new
Section 102 thereof of Article 1
to include provisions for declara•
tion of vacancy in the Human
Rights Commission membership:
by repealing Section 201 thereof
of Article 11, by repealing Section
202 thereof, and by repealing Sec-
tion 203 thereof Article 11 and enac-
ting a new Section 201, a new
Section 202 thereof a new Section
203 of Article II in lieu thereof
to provide, among other things,
that unfair discriminatory practic-
es are prohibited against persons
because of said persons disability,
presented and read.
Councilman Moldenhauer moved
that the reading; just had be
considered the first reading of the
Ordinance. Seconded by Council-
man Pregler. Carried by the fol-
lowing vote:
Yeas — Mayor Bitter, Council-
men Moldenhauer, Pregler, Thoms.
Nays — Councilman Justmann.
Councilman Moldenhauer moved
that the rule requiring an Ordi-
nance to be read on three se-
parate days be waived. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Bitter, Council-
men Moldenhauer, Pregler, Thoms.
Nays — Councilman Justmann.
ORDINANCE No. 4.73
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL.
OF THE CITY OF DUBUQUE IOWA:
Section 1. That Ordinance too. 61-71
known as the 'Dubuqupe Human
is hereby amended by repaealingsSece
tion 100 of Article 1 thereof and
enacting a new Section 100 of Article
I in lieu thereof as follows:
ARTICLE I
inSlhs OrdOnanccetluness throeecontext
otherwise requires:
in and fort the means
dicle edistricttof the
State of Iowa In which the alleged
curved or anvrludnge of saidccourt if
the court Is riot In session at that
time.
2. •'Person'• means one or more in.
dividuals, partnerships, associations.
ttrrurstees,l receirs legal andPtheestate sof
Iowa and all political subdivisions and
agencies thereof.
3. "Employment agency" means
any person undertaking to procure
employees Or Opportunities to work
for any other person or any person
holding himself or Itself to be equip
Ped to do so.
4. Labor Organization" means any
organization which exists for the pur
go0se In whole or In part of collective
bargaining, of deallnq with employers
concerning grievances, terms, or con-
ditions of employment, or of other
rrwtual aid or protection in connec-
tion with employment.
S. "Employer" means the State of
Iowa or any politics] subdivision,
board, commission department, insti.
tution, or school district thereof, and
every other person employing em.
Ployees within the state.
6. Employee" means any person
emplod by an employer.
7. "Unfair practice" or discrlmina.
tory ppractice' means those practices
specifled as unfair or discriminatory
in Sections 201, 2021 and 203.
S. "Commission' means the Du-
buque Human Rights Commission
created by this Ordinance.
9. "Commissloner•• means a mem-
each and every place, establishment,
or facility of whatever kind, nature.
or class that caters or offers services,
facilities, or goods to the general pub-
lic for a fee or charge, provided that
any place, establishment, or facility
Ihat caters or offers services, facili-
ties, or goods to the general public
gratuitously shall be deemed a public
accommodation If the accommoda-
tion receives any substantial govern-
mental support or subsidy. Public ac-
commodation shall not mean an,
bona fide private club or other place.
establishment or facility which is by
its nature distinctly private, except
when such distinctly private place,
establishment, orfacility caters or
offers services, faculties, or goods
tothe general ppuublic for fee or
charge or gratuitously, It shall be
deemed a public accommodation dur-
ing such period.
I1. ••Disability" means the physical
or mental condition of a person which
constitutes a substanlial handicap. I,
reference to employment, under this
chapter "disebletity • also means the
physical or mental condition of 'Per-
son which constitutes a substantial
handicap. but is unrelated to such
person's ability to engage In a partic-
ular occuphtloGn "
Section 2. Thai Ordinance No. 61-71
known as the "Dubuque Human
Rli hts Ordinance" be and the same
is hereby emended by repealing Sec-
tion 102 of Article I thereof and
enacting a new Section 102 of Article
I In lieu thereof as follows:
"ARTICLE I
Section 102. The members of the
Commission shall serve without corn
pensation; Provided that they may
receive reimbursement for necessal
traveel, and other expenses while on
official commission business, and such
shall be within the limits established
in the city budget,
In the event a member has been
absent for three or more consecutive
meetings without Winn excused b
n elolv Chairman, emere certifyomIs lohn f tis
to the City Council anoetitlon the
City Council to declare a vacancy b
reason of such unexeused absence
Special Session, January 29, 1973
and appoint a successor to fill such
vacancy."
Seetbn 3. That Ordinance Na 61.71
Known as the 'Dubuque Human
Rightsherreby Ordinance"
by epeaemtm ^Is
tion 201 thereof, repealing lection
202 thereof and by repealing Section
203 thereof of Article II and enachnq
and a newioSectione203 ofSArticle2t11
in lieu thereof as follows:
TARTICLEFI 1CES UNFAIR PRAC-
Section 201. Unfair Practices -Ac-
commodations or Services.
1. it sited be an unfair or discrim•
inatory practice for any owner,
lessee, sublessee, proprielor, man•
ager, or superintendent Of any
Public
accommodation or any
agent or employee thereof: ppee
a son because of race, dIsato bllity.
creed, color, sex, national orig
in, or religion the accommoda-
tions, advantages, facilities,
services, or privileges thereof,
or otherwise to discriminate
against any parson because of
race, creed, color, sex, n
tional origin, religion, or dis.
ability in the furnishing of such
accommodations, advantages.
facilities, services or privileges.
b. To directly or indirectly ad-
vertise or In any other manner
indicate or Publicize that the
patronage of persons of anv
Particular racer creed, color,
sex, national origin, religion or
disability is unwelcome, ob-
iectionable, nut atceptabie, or
not solicited.
2. This section shall not apply to:
a. Any bona fide religious Insti.
tution with respect to any
qualifications the Institution
may Impose based on religion
when such qualifications are
related to a bona fide religious
Purpose.
b. The rental or leasino to transi-
ent individuals of less than six
rooms within a single housing
accommodation if the occupant
or owner or members of his
family reside therein.
Section 202. Unfair employment
Practices.
1. It shall be an unfair or discrlmin•
atory practice for any:
a. Person to refuse to hire, ac-
cept, register, classify, or refer
for employment, to discharge
any employee, or to otherwise
discriminate In employment
against any applicant for em-
ployment or any employee be
cause of the race, creed, color,
sex, national origin, relloion or
disability of such applicant or
employee, unless based upon
the nature of the occupation.
b. Labor organizations or the em-
ployees, agents, or members
thereof to refuse to admit to
membership any applicant, to
expel any member, or to other-
wise discriminate against any
applicant for membership or
any member In the Privileges,
rights, or benefits of such
membership because of the
race, creed, color, sex, national
origin, religion or disability of
such applicant or member.
c. Employer, employment agen-
cY, labor organization, or the
employees, agents, or members
thereof to directly or indirectly
advertise or in any other man.
ner indicate or publicize that
individuals of any particular
race, creed, color, sex, national
origin, religion or disability
are unwelcome, oblectionable,
not acceptable, or not sollcited
for employment or member•
ship unless based un the na•
ture of the occupation.
2. This section shall not apply to:
a. Any employer who regularlyy
employs less than four lndivitl
uals For purposes of this sub.
section, Individuals who are
members of the employer's
hal
family sl not be counted as
employees.
b. The emplovm of of Individ
uals for work within the home
of the employer If the ernploy-
er or members of his family
reside therein during such em
plomeni.
C . The employment of Individ
uals to render personal service
to the person of the employer
or members of his family.
d. Any bona fide religious in-
stitution with respect to any
qualifications for employment
based on rellgion when such
qualifications are related to a
bona fide religious purpose.
Section 203. Unfair or Discrimna-
tory Practices Relatii
ng to Housng.
IT shall be an unfair or discrimina-
tory practice for any owner, cr per-
son acting for an owner, of rights
to houslno or realproperty, with or
without compensation, including but
not limited to persons licensed as
real estate brokers or salesmen, at-
torneys, auctioneers, agents or rep
resentatives by Power of attorney or
appointment, or any Person acting
under court order, deed of trust, or
will:
1 To refuse to sell, rent. lease,
assign, or sublease any real
prof:rty or ho/sinq accomrTKY
datipn or part, portion or In-
terest therein, to any person
because of the race, color,
creed, religion, or disability
or national origin of such
Person.
2. To discriminate against any
Person because of his race.
color, creed, religion, national
origin, or disability In the
terms, conditions or privileges
of the sale, rental, lease as-
slonment or sublease of any
real property or housing ac.
commodation or any part, Por-
tion or Interest therein.
3. To directly or indirectly ad.
vertise, or in any other manner
indicate or Publicize that the
Purchase, rental, tease assign-
ment, or sublease of any real
property or housing accomoda-
tion or anyart portion or in
serest therein, 6y Persons of
any Particular race, color,
creed, religion, national origin
or disability Is unwelcome, ob.
lectionable, not acceptable or
not s4ticiled
EXCEPTIONS. the provision of
Section 203 shall not apply to:
I, Any bona fide religious insti-
tution with respect to any
qualifications it may impose
based on religion when such
qualifications are related to a
bona fide religious purpose.
2. The rental or leasing of a
housing accommodation in a
building which contains hous-
ing accommodation for not
more than two families living
independently of each other,
if the owner or members of
his family reside In one of
sutTTth accommodations.
3thanesix nrooms withingaosingle
housing accommodation by the
occupant or owner of such
housing accommodation, If he
or membersof his family re
side therein."
Passed, approved and adopted this
29th day of January. 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Tele-
graph -Herald Newspaper this 1st day
of February 1973.
City Clarrkm
romelt
It. 2/1
Councilman Moldenhauer moved
final adoption of the Ordinance.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Bitter, Council-
men Moldenhauer, Pregler, Thorns.
Nays _ Councilman Justmann.
Special Session, January 29, 197:3 81
ORDINANCE NO. 5.73
An ordinance amending Ordinance
No. 61.71 known as the "Dubuque
Human Rights Ordinance" by re-
pealing Section 204 of Article II
thereof and enacting a new Sec-
tion 204 of Article 11 in lieu there-
of to define aiding or abetting in
an unfair or discriminatory prac-
tice.
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, Council-
men Moldenhauer, Pregler, Thoms.
Nays — Councilman Justmann.
Councilmen Moldenhauer moved
that the rule requiring an Ordi-
nance to be read on three separate
days be waived. Seconded by Coun-
cilman Pregler. Carried by the
following vote:
Yeas — Mayor Bitter, Council-
men Moldenhauer, Pregler, Thoms.
Nays — Councilman Justmann.
'IC
A
DI
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA'
Section 1, That Ordinance No. 61.71
known as the "Dubuque Human
Rights Ordinance" be and the same
is hereby amended by repealing Sec-
tion 204 of Article II thereof and en-
acting a new Section 204 of Article
11 In lieu thereof as follows:
"ARTICLE II
Section 261. AIDING OR ABET-
TING. It shall be an unfair or dls-
criminary practice for:
1. Any Person to Intentionally aid,
abet, compel, or coerce another
Person to engage In any of the
Practices declared unfair or dls-
criminalory by this Ordinance.
7. Any person to discriminate a ainst
another person In any of the
rlghis Protected against discrlml-
natlon on the basis of race, creed,
color, sex national ori%in, reli-
aIon or rilsability by this ordi-
nance because such person has
lawfully opposed any Practice for-
bidden under this Ordinance,
obeys theprovisions of this or-
dinance, or has filed a rm-
Plaint, testified, or assisted In
any proceeding under this Ordi
nance."
Passed. approved and adopted this
19th day of January, 1973.
Joseph J. Bitter, Mayor
Welter A. Pregler
Allan T. Thoms
Wayne A Moldenhauer
Councilmen
ATTEST: Leo F. Frornmelt
itPublished officially In The Telegraph
Herald Newspaper this 1st day of
February 1973
Leo F. Frornmelt
It. 2/1 City Clerk
Councilman Moldenhauer moved
final adoption of the Ordinance.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Bitter, Council-
men Moldenhauer, Pregler, Thoms.
Nays — Councilman Justmann.
An ordinance amending and chang.
ing Ordinance 3-34 known as the
"Zoning Ordinance of the City of
Dubuque, Iowa" by repealing Sec-
tion 1 of Article 1 thereof, and
adopting a new Section 1 of Ar-
ticle 1 in lieu thereof, to establish
an eighth zoning classification, to
be known as the Hospital -Medical
District, and further amending and
changing said Ordinance No. 3.34
by adding a new Article IV -A
thereof, describing the purpose,
permitted uses, height regulations,
area regulations and parking re-
quirements applicable to the Hos-
pital -Medical District:
presented and read.
Councilman Pregler moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Mayor Bitter.
Councilman Pregler moved that
the rule requiring an Ordinance
be read on three separate days
be waived. Seconded by Mayor
Bitter.
Councilman Pregler moved that
the Ordinance be set for public
hearing on February 26, 1973, at
7:30 o'clock P.M. in the Council
Chamber at the City Hall.
Councilman Pregler moved that
the Ordinance lie on the table un-
til Wednesday January 31, 1973
at 4:30 P.M. Seconded by Council-
man 'Thoms. Carried by the fol-
lowing vote:
Yeas — Councilmen Justmann,
Moldenhauer, Pregler, Thoms.
Nays — Mayor Bitter.
An ordinance amending and chang-
ing Ordinance No. 3.34 known as
the "Zoning Map and Zoning Or-
dinance of the City of Dubuque,
Iowa" so as to change certain
property hereinafter described
from Multiple Residence District
to Hospital -Medical District:
presented and read.
Councilman Pregler moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Mayor Bitter.
Councilman Pregler moved that
the rule requiring an ordinance
62 Special Session, January 29, 1973
to be read on three separate days
be waived. Seconded by Mayor
Bitter.
Councilman Pregler moved that
the Ordinance lie on the table un-
til Wednesday January 31, 1973
at 4:30 P.M. Seconded by Council-
man Thorns. Carried by the fol-
lowing vote:
Yeas — Councilmen Justmann,
Moldenhauer, Pregler, Thorns.
Nays — Mayor Bitter.
An ordinance amending Ordinance
No. 3.34 known as the Zoning Or.
dinance and the Zoning Map of
the City of Dubuque, Iowa by re-
pealing Section I of Article VA
thereof and enacting a new Section
I of Article VA in lieu thereof
to permit the location of a tavern
in a cafe or restuarant operating
as such at least years prior
to effective date hereof,
presented and rad.
Councilman Thorns moved that
the proposed Ordinance be referred
to the Planning & Zoning Com-
mission with particular stress on
seeking a recommendation of num-
ber of years to be inserted prior
to effective date., Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thorns.
Nays — None.
Petition of Tower Investment
Inc. requesting rezoning of an area
south of the Table Mound School
from its present Multiple Resi.
dence Classification to Business
"B" classification, presented and
read. Councilman Pregler moved
that the petition be referred to
the Planning & 'Zoning Commis-
sion. Seconded by Councilman Mol.
denhauer. Carried by the follow.
ing vote:
Yeas — Mayor Bitter, Council.
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Petition of Lloyd S. Gudenkauf
requesting vacation and possible
purchase of the easterly half block
of Dexter Street, now city -owned,
located between North Grandview
Ave. and Adair street for future
building construction. Councilman
Pregler moved that the petition
be referred to the Planning & Zon-
ing Commission. Seconded by
Councilman Moldeahauer. Carried
by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thorns.
Nays — None.
Petition of Oxus Grotto request-
ing permission to place cannisters
in business places, with permission
of the owners, for the purpose
of collecting monies to help fight
Cerebral Palsy and supply den-
tistry for handicapped children,
presented anal read. Councilman
Pregler moved approval of the pe.
tition and referred to the Manager
for implementation. Seconded by
Mayor Bitter. Carried by the fol-
lowing vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 25.73
WHEREAS, plat dated April 29,
1970, prepared by Cullen-Schiltz &
Associates, Inc., engineering com-
pany, covering a thirty -(30) feet
wide railroad right-of-way ease-
ment in Lot 1 of Block 12 and
Block 13 of Riverfront Subdivision
No. 3 in the City of Dubuque,
Iowa having been presented to the
City Council of the City of Du-
buque, Iowa; and
WHEREAS said plat confroms
to the laws and statutes pertain-
ing thereto;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the plat dated
April 29, 1970 prepared by Cullen-
Schiltz & Associates, Inc., engi-
neering company, covering the real
estate hereinabove described be
and the same is hereby approved
and that the Mayor and City Clerk
of the City of Dubuque, Iowa be
and they are hereby authorized
and directed to execute said plat
for and on behalf of the City of
Dubuque, Iowa.
Section 2. That the City Clerk
be and he is hereby authorized
and directed to file said plat and
this Resolution in the office of
the Recorder in and for Dubuque
County, Iowa.
Special Session, January 29, 1973 63
Passed,
approved and adopted
this 29th
day of January, 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 Thoms moved adop-
tion of the resolution. Seconded
by Councilman Moldenhauer. Car-
ried by the following vote.
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 26-73
WHEREAS, plat dated October
31, 1967, prepared by Bartels, Mc-
Mahan & LeMay Engineering Co.,
engineering company, covering Lot
4A of Mineral Lot 472 in the City
of Dubuque, Iowa and Lot 4B of
Mineral Lot 472 in the City of
Dubuque, Iowa, having been pre-
sented to the City Council of the
City of Dubuque, Iowa; and
WHEREAS, said plat conforms
to the laws and statutes pertain-
ing thereto;
NOW THERFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the plat dated
October 31, 1967, prepared by Bar
tels, McMahan & LeMay Engi-
neering Co., engineering company,
covering the real estate herein-
above described be and the same
is hereby approved and that the
Mayor and City Clerk of the City
of Dubuque, Iowa be and they
are hereby authorized and directed
to execute said plat for and on
behalf of the City of Dubuque,
Iowa.
Section 2. That the City Clerk
be and he is hereby authorized
and directed to file said plat and
this Resolution in the office of
the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted
this nth day of January, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
At—test:
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, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
ORDINANCE NO. 6.73
An ordinance for vacation and sale
of an unopened street abutting Lin-
wood Cemetery property and now
platted and described as Lot 413
of Mineral Lot 472,
presented and read.
Councilman Pregler moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Mayor Bitter. Carried
by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Councilman Pregler moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Mayor
Bitter. Carried by the following
vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenahuer,
Pregler, Thoms.
Nays — None.
Cnuncilman Pregler moved that
a hearing be held on the Ordi-
nance on March 5, 1973, in the
Council Chamber at the City Hall
at 7:30 P.M. and the Clerk be
instructed to publish notice of said
hearing in the manner required
by law. Seconded by Mayor Bit-
ter. Carried by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
January 24, 1973
To Honorable Mayor
and City Council
This is to advise you that the
Sanitary Sewer constructed in As-
bury Park Subdivision, a distance
64 Special Session, January 29, 1973
of 660 feet, has been substantially
completed in accordance with plan
and specifications by Tschiggfrie
Excavating of Dubuque, Iowa, with
the condition that the items listed
in attached letter, signed and no-
tarized, will be completed by May
30, 1973.
Gilbert D. Chavenelle
City Manager
Councilman Thoms moved that
the communication be received and
filed. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Final Estimate
RESOLUTION NO. 27.73
WHEREAS, the contract for the
Asbury Park Subdivision Sanitary
Sewer, 1972 has been completed
and the City Engineer has sub-
mitted his final estimate showing
the cost thereof including the cost
of estimates, notices, inspection,
and preparing the assesment and
plat, now therfore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$12,032.68.
That $8,039.40 of the cost thereof
shall be assessable upon private
property and $3,993.32 shall be paid
from the Sanitation Fund of the
City of Dubuque.
Passed, adopted and approved
this 29th day of January, 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 Thoms moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
(A Resolution Accepting
Improvement and Directing the
Clerk to Publish Notice)
RESOLUTION NO. 28.73
WHEREAS, the contract for the
construction of Asbury Park Sub-
division Sanitary Sewer, 1972 has
been completed and the City Ma-
nager has examined the work and
filed his certificate stating that
the same has been completed ac-
cording to the terms of the con-
tract, plans and specifications and
recommends its acceptance, now
therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and
that said improvement be and the
same is hereby accepted and the
City Engineer be and is hereby
directed to prepare a plat and
schedule showing the lots or par-
cch; of real estate subject to as-
sessment for said improvement
and file the same in the office
of the City Clerk subject to pub-
lic inspection and said Clerk shall
upon receipt of such plat and
schedule publish the notice of the
Council's intention to levy special
assessments therefor, as required
by law.
BE IT FURTHER RESOLVED,
that the City Treasurer be and
he is hereby directed to pay to
the contractor from the funds to
be realized from the sale of sewer
bonds issued upon the above de-
scribed improvement in amount
equal to the amount of his con-
tract, less any retained percen-
tage provided for therein.
Passed, adopted and approved
this 29th day of January, 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 Thoms moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Special Session, January 29, 1973 85
Communication of Police Chief
O'Brien submitting an application
for Grant on the prevention of
Crimes against business and re-
commend filing of application on
a matching fund basis of $1,088.,
presented and read. Councilman
Pregler moved that the communi.
cation be received and filed. Se-
conded by Councilman M o l d e n-
hauer. Carried by the following
vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thorns.
Nays — None.
MATCHING RESOLUTION
RESOLUTION NO. 29-73
Whereas, the City of Dubuque,
Iowa, by resolution duly passed
heretofore, has resolved that it will
provide during the calendar year
of cash funds for the fol-
lowing Iowa Crime Commission
projects:
Brief Description of Project,
None.
Amount of Funds Being Provid-
ed, None.
We further resolve that we will
Provide in-kind match during the
calendar year of 1973 for the fol-
lowing projects:
Brief Description of Project,
Prevention of Crimes Against Bu-
siness.
Type of in-kind (Salary, Space.
etc.), Salary.
Valuation of In-kind Provided.
$1,088.00.
Passed this 29th day of January,
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 Pregler moved adop-
tion of the resolution. Seconded
by Councilman Moldenhauer. Car-
ried by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 30-73
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following have com-
plied with the provisions of law
relating to the sale of Cigarettes
within the City of Dubuque, Iowa,
be granted a permit to sell Ci.
garettes and Cigarette Papers
within said City.
Eugene J. & Rita M. Clancy, 201
East 22nd Street
Mary G. Kraemer, 11375 University
Avenue
BE IT FURTHER RESOLVED
that the bonds filed with the ap-
plication be approved.
Passed, adopted and approved
this 29th day of January, 1973,
Joseph J. Bitter
Mayor
Waiter 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, Council-
men Justmann, Moldenhauer,
Pregler, Thorns.
Nays — None.
RESOLUTION NO. 31.73
WHEREAS, applications for Li-
quor permits have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOI.VED 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
Eugene J. & Rita Clancy, 201 East
22nd Street
John E. Noel, 2400 Central Avenue
Passed, adopted and approved
this 29th day of January, 1973.
Joesph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thorns
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
66 Special Session, January 29, 1973
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Bitter. Carried by the
following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
RESOLUTION NO. 32.73
WHEREAS, applications for Li-
quor licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the State Law and all City or-
dinances 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 ap-
plicants a Liquor license.
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
Eugene J. & Rita M. Clancy, 201
East 22nd Street
John E. Noel, 2400 Central Avenue
Passed, adopted and approved
this 29th day of January, 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 ado
tion of the resolution. Seconded
by Mayor Bitter. Carried by the
following vote:
Yeas -- Mayor Bitter, Council-
men Justmann, Moldenhauer;
Pregler, Thoms.
Nays — None. /
Councilman Thoms moved that
briefing sessions on Friday after-
noons at 4:30 P.M. be continued
indefinitely prior to official meet-
ings. Seconded by Councilman Mol-
denhauer. Carried by the following
vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Mr. Donald Toom, a local real -
tor, addressed the Council relative
to reappraisal of city property.
Iie stated that results are starting
to surface. Only one piece of pro-
perty out of twelve that he has
presently under consideration,
shows a decrease. In his opinion
the citizens of the City are not
getting a fair shake.
Councilman Pregler moved that
the County Board of Supervisors,
and the Conference Board, and
the School Board should be asked
to join in re -appraisal of all County
property outside the City. Seconded
by Councilman Moldenhauer. Car-
ried by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
There being no further business
Mayor Bitter moved that the meet-
ing be adjourned to Wednesday
January 31, 1973 to 4:30 F.M. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms.
Nays — None.
Leo F. Frommelt
City Clerk
AP.r i 1 2,. 1973
n%.........
Attele . .T ifccc
City Clerk
Adjourned Special Session January 31, 1973 67
CITY COUNCIL Yeas — Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thom.
Nays — None.
OFFICIAL
Adjourned special session, Ja-
nuary 31, 1973.
Council met at 4:30 P.M. (C.S.T.)
Present — Mayor Bitter, Council-
man Justmann, Moldenhauer,
Pregler, Thorns. City Manager Gil-
bert D. Chavenelle.
Mayor Bitter read the call and
stated that service therof had been
duly made and this meeting is
an adjourned meeting of Jamrs
29, 1973, called for the purpose
of considering a motion lying on .
the table relative to setting date
of public hearing on a proposed
Ordinance amending Zoning Ordi-
nance No. 3.34 and acting upon
such other business as may pro-
perly come before the meeting.
City Planner Daniel Dittemore
presented the Council with three
alternate proposed Ordinances,
numbered one, two and three, all
applicable to a Hospital -Medical
District.
After considerable discussion Al.
ternate No. 2 was decided upon
as amended by deleting a portion
of Section 2 permitted uses (h)
2. Councilman Thorns moved that
proposed Ordinance Alternate No.
2 be approved as amended. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas — Mayor Bitter, Council-
men Moldenhauer, Pregler, Thorns.
Nays — Councilman Justmann.
Councilman Pregler moved that
the proposed Alternate No. 2 Or-
dinance be referred to the Plan.
ning & 'Zoning Commission and
set for a public hearing on Feb-
ruary 26, 1973, in the C o u n c i l
Chamber at 7:30 P.M. Seconded
by Mayor Bitter. Carried by the
following vote:
Yeas — Mayor Bitter, Council-
men Moldenhauer, Pregler, Thoms.
Nays — Councilman Justmann.
There being no futher business
Councilman Thorns moved to ad-
journ. Seconded by Councilman
Pregler. Carried by the following
vote:
Leo F. Frommelt
City Clerk
Approved A r i 1 2 3., 1973
Att,.• C-
C ty Clerk.
Regular Session, February 5, 1973
CITY COUNCIL'
(OFFICIAL)
Regular Session, February 5,
1973.
No members of the City Council
Being present the meeting was ad•
journed subject to call.
Leo F. Frommelt
City Clerk
Approved April 23, 1973
Adopted April 23, 1973
City clerk
70 Adjourned Regular Session, February 6, 1973
CITY COUNCIL
OFFICIAL
Adjourned Regular Session, Feb-
ruary 6, 1973.
Council Met at 7:30 P.M. (C•S.T.)
Present -Mayor Bitter, Council-
men Justmann, Moldenhauer, Pre-
gler, Thoms. City Manager Gilbert
D. Chavenelle.
Mayor Bitter read the call and
stated that service thereof had
been duly made and this is an
Adjourned Meeting of the Regular
Meeting of February 5, 1973 for
the purpose of acting upon such
business as may properly come
before the meeting.
Councilman Pregler moved that
the matter of Ecumenical housing
be considered at this time prior
to any other items on the agenda.
Seconded by Councilman J us t
mann. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Councilman Pregler moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Seconded
by Councilman Moldenhauer. Car-
ried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Proof of Publication, certified to
by the Publisher, of Legal Notice
of Hearing for the purpose of con-
sidering the authorization of execu-
tion of proposed agreements with
Ecumenical Housing Inc. for the
purchase of Urban Renewal pro-
perty located at 6th and Locust
St. presented and read. Councilman
Pregler moved that the proof of
publication be received and filed.
Seconded by Councilman Molden.
hauer. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Communication of Ecumenical
Housing Inc., dated December 18,
1972, again submitting a proposal
to purchase a parcel of Urban
Renewal property at 6th d Locust
Street which was previously pre-
sented on .January 31, 1972, pre-
sented and read. Councilman Pre-
gler moved that the communica-
tion be received and filed. Second-
ed by Councilman Moldenhauer.
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Communication of Dubuque Area
Development Assn. being of the
opinion that Ecumenical Housing
is best suited downtown and recom-
mending sale of the proposed land,
presented and read. Councilman
Pregler moved that the communi-
cation be received and filed. Se-
conded by Councilman Moldenhau-
er. Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
.Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Communication of Luther Manor
endorsing the efforts of the Ecu-
menical Housing to build a special
apartment building for the low-in-
come elderly in the Ctiy, for vari-
ous reasons, presented and read.
Councilman Pregler moved t h at
the communication be received and
filed Seconded by Councilman Mol-
denhauer. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thoms.
Nays—None.
Communication of The Citizens
Advocates for Older Persons re-
commending nine different items
for consideration to help the elderly
to cope with their needs and wants,
presented and read. Councilman
Pregler moved that the communi-
cation be received and filed. Secon-
ded by Councilman Moldenhauer.
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thoms.
Nays—None.
Attorney Alfred E. Hughes add-
ressed the Council as a member
of the Board of Directors of Ecu-
menical (lousing. Rev. Thomas
Adjourned Regular Session, February 6, 1973 71
Rhomberg stated that up until now
no rent supplementation is availa-
ble. Their first choice is downtown
and they are using housing as
a tool for a bettter community.
Mr. Nate Rubin was to have said
that the money is set aside for
the project. Mr. Gent Wittenberg,
Urban Renewal Director, said that
the project will receive priority
and they must produce by May
1st. Mr. Wm. Sheppley Jr. of D.
A.D.A. urged approval of the sale
of the urban renewal land which
would be for the best purpose.
The Council should look to best
land use. Mrs. Beulah Hanson of
332V2 Main St. and Rev. Kenneth
Hinman spoke in favor of the pro-
ject. Mr. Leo McCarthy President
of the Chamber of Commerce stat-
ed that 5400 people fall within the
Federal property guide line. Mr.
Robert Bye and Nile Harper as
members of the Citizens Advocates
for older persons spoke in favor
of the project and referred to their
communication previously r e a d
and presented. Mr. Gene Gordon -
architect stated that the project
must pay full property taxes. It
would consist of 110 units and there
would be 100 per cent subsidy for
all units. It would average approx-
imately 70 per cent rental cost
of each unit. Mr. Tom Graham
stated that the Victor Gruen report
called for housing in the downtown
area.
Coinnnwnication of Mr. & Mrs.
David E. Bisenius objecting to the
construction of the E c u menical
Housing project, presented and
read. Councilman Pregler moved
that the communication be receiv-
ed and filed. Seconded by Council-
man Moldenhauer. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Communication of Walter O.
Clark objecting mainly to the fact
that the proposed plans for the
Ecumenical Housing project call
for an eight story high building,
which in his opinion should not
be more than two stories high,
Presented and read. Councilman
Pregler moved that the communi-
cation be received and filed. Sec-
onded by Councilman Moldenhau-
er. Carried by the following vote:
Yeas—Mayor Bitter, Councilman
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
Communication of C i t i z e n s
Watchdogs objecting to the pro.
posed Ecumenical Housing struc-
ture until the corporation is sure
of their funding, presented a n d
read. Councilman Pregler moved
that the communication be receiv-
ed and filed. Seconded by Council-
man Pregler moved that the com-
munication be received and filed.
Seconded by Councilman Molden-
hauer. Carried by the following
vote:
Peas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
Mr. Jim Wallace, Leonard Fried-
man and Al Weitz all spoke against
the proposed Ecumenical Housing
project. Mr. Dave Bisenius, a local
realtor, said that facts pointing
against the project one year ago
have not changed. Ecumenical
Housing should pay its full tax
load and the proposal should be
put to a vote of the people. He
plans to begin subsidizing rents
by the end of this month. Mr.
Don Toom, also a local realtor,
stated that Fortune magazine,
from which he quoted, wrote an
article labelizing this kind of fund-
ing as being "Economic Mischief".
RESOLUTION NO. 34-73
Authorizing the execution of a con-
tract for sale of land for private
redevelopment with Ecumenical
Housing, Inc.
WHEItEAS, pursuant to Resolu-
tion No. 394-72 dated December
18, 1972 and a Notice of Public
Hearing published in the Tele-
graph -Herald, a newspaper of ge-
neral circulation in the City of
Dubuque, Iowa, on December 26,
1972 and January 2, 1973, City
Council met in an adjourned re-
gular session on the 6th day of
February, 1973 at 7:30 o'clock P.M.
Central Standard Time, in the City
Council Chambers, City Hall, Du-
buque, Iowa, to consider the pro-
posal to dispose of the interest
of the City of Dubuque to Lot
A and Lot 2 of Block 16 in Du-
buque Downtown Plaza, also known
2 Adjourned Regular Session, February 6, 1973
as Parcel 9 of Block 8 of the
Downtown Urban Renewal Project,
Iowa R-15, to Ecumenical Housing,
Inc.; and
WHEREAS, pursuant to said re-
solution a copy of the Redevelop-
er's Statement for Public Disclo-
sure and a copy of the proposed
form of Contract for Sale of Land
for Private Redevelopment w a s
placed on file in the office of the
City Clerk for public inspection;
and
WHEREAS, the City Council of
Dubuque, Iowa, overruled any and
all objections, oral and written,
to the proposal to dispose of said
interest of the City of Dubuque
in the above described real es-
tate to Ecumenical Housing, Inc.;
now therefore
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Mayor and
City Clerk be and they are hereby
authorized to enter into a Contract
for Sale of Land for Private Re-
development in accordance with
the terms of the Disposition Do-
cuments governing such sale with
Ecumenical Housing, Inc. for the
real estate known as Lot A and
Lot 2 of Block 16 in Dubuque
Downtown Plaza in the City of
Dubuque, Iowa, containing 12,811.31
square feet, subject to survey.
Section 2. That said parcel of
real estate shall be sold for $4.09
per square foot for a total price
of $52,398.26 subject to final sur-
vey of the land to be conveyed.
Passed, approved and adopted
this 6th day of February, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Pregler, Thoms.
Nays --Councilman Moldenhauer.
Councilman Moldenhauer moved
to designate $200,000 Revenue Shar-
ing Funds to our Low -Rent Hous-
ing Commission. MOTION DIED
FOR LACK OF A SECOND.
Councilman Moldenhauer moved
that we ask the Low -Rent Hous-
ing Commission to report to us
on what they could do if we as
a City Council designated $200,000
of our Revenue Sharing Funds to
them to be used for direct rent
subsidy and or our own Section
23 program. Seconded by Mayor
Bitter. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Communication of Jean E. Peter-
son suggesting that possibly two
areas in the City be considered
for increasing the speed limit from
25 to 30 M.P.H. namely on Kauf-
mann Avenue from Kane to Car-
ter and on Asbury Road west from
about Hillcrest Road to the City
Limits, presented and read. Ma-
yor Bitter moved that the com-
munication be referred to the City
Manager and Traffic Department.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Communication of Dr. Thomas
0. Nesler relative to the West
Tenth Street improvement p r 0 -
grain, which has had a long series
of delays and postponements, as
he is suffering loss of professional
and rental income, presented and
read. In light of the latest de-
velopment of the Topics program
and approval of the State received
today Mayor Bitter moved that
the communication be received and
filed. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
January 30, 1973
To the Honorable Mayor
and City Council
A request has been received for
additional street lighting at the
Adjourned Regular Session, February 6, 1973 73
intersection of Balke and Strauss
Streets.
The area has been investigated
by the electrical inspector and it
is recommended that a 4000 lumen
incandescent fixture be installed
(,n a new wood pole at the north-
east corner of Balke and Strauss.
Gilbert D. Chavenelle
City Manager
Mayor Bitter moved approval of
the recommendation. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas—Mayor Bitter, Coancilmen
Justmann, Moldenhauer Pregler,
Thoms.
Nays—None.
J inuary 29, 1973
Honorable Mayor
and City Council
At one of your past meetings,
you directed the City Attorney to
communicate with the City -County
Authority with a view of regain-
ing some City contributed funds.
This is to advise that I am ad-
vised by the City Manager that.
he has received a check in the
amount of $12,500.00 from the City -
County Authority and this dischar-
ges your directive to this writer
in this instance.
R. N. Russo
City Attorney
Mayor Bitter moved that the
communication be received a n d
filed. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
!Nays—None.
January 31, 1973
To the Honorable Mayor and
Members of the City Council
In accordance with the provi-
sions of Chapter 365 of the 1971
Code of Iowa the Civil Service
Commission conducted entrance
examinations on November 15, 1972
for appointments to the FIRE De-
partment.
The following named applicants
have passed both the written and
Physical examinations and are
hereby certified for appointment.
Vrotsos, John A. 96%
Crimmins, Michael A. .. ... 83%
Gerard B. Noonan
Chairman
Marvin A. Vansickle
Louis F. Fautsch
Commissioners
Attest:
Leo F. Frommelt
City Clerk
Subscribed and sworn to before
me this 1st day of February 1973.
Eugene J. Berens
Notary Public
Mayor Bitter moved that tile
communication be received a n d
made a matter of record. Second-
ed by Councilman Pregler. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
January 31, 1973.
To the Honorable Mayor. and
Members of the City Council.
In accordance with the provisions
of Chapter 365 of the 1971 Code
of Iowa the Civil Service Commis-
sion conducted entrance examina-
tions on November 15, 1972 for
appointments to the POLICE De-
partment.
The following named applicants
have passed both the written and
physical examinations and are
hereby certified for appointment.
Stanislawski, John S. 93%
Zajicek, Kenneth J. 74%
Rogers, Gerald W. 71%
Gerard B. Noonan
Chairman
Marvin A. VanSickle
Louis F. Fautsch
Commissioners
Attest:
Leo F. Frommelt
Clerk.
Subscribed and sworn to before
me this 1st day of February 1973,
Eugene J. Berens
Notary Public
Mayor Bitter moved that the
communication be received a n d
made a matter of record. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
74 Adjourned Regular Session, February 6, 1973
Notice of Claim of Joyce J. Hea-
ly, in an undetermined amount,
for personal injuries received in
a fall on a defective sidewalk in
front of Clarke College on ?, pre-
sented and read. Mayor Bitter
moved that the notice of claim
be referred to the City Attorney
for proper action. Seconded h y
Councilman Justmann. Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thoms.
Nays—None.
Notice of claim of Robert D.
Wittman, in the amount of $11.43.
for damage and expense incurred
as the result of a sewer back-up
at 833 W. Locust St. on August
2, 1972, presented and read. Mayor
Bitter moved that the claim b
referred to the City Attorney for
proper action. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Notice of Claim of Gene C. Par-
ker, in the amount of $90.20, for
property damage incurred as the
result of a backed -up sanitary se
wer at his home at 1220 Rosedale
Ave. on December 18, 1972, pre
rented and read. Mayor B i t ter
moved that the notice of claim
be referred to the City Attorney
for proper action. Seconded b >
Councilman Justmann. Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of V. F. W. Post No.
9663 requesting permission to con-
duct Buddy Poppy Day Sales on
May 18th and 19th, presented and
read. Councilman M o 1 denhauer
moved that the petition be granted
and referred to the Manager for
implementation. Seconded by Coun-
cilmen Justmann. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thoma
Nays—None.
conduct a phone telethon during
the month of March to raise money
to replace worn out uniforms, hats.
and instruments, presented a n d
read. Councilman M o I denhauer
moved approval of the petition and
same be referred to the Manager
for implementation. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of Fondell & Sons Inc.
requesting permission to excavate
at 2034 and 2038 Central Ave. to
shut off water for buildings that
have been demolished, presented
and read. Councilman Moldenhauer
moved approval of the petition sub-
ject to approval of the Engineering
Department. Seconded by Council-
man Justmann. Carried by t he
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of Mrs. Thomas J. Sutter
et al (forward from meeting of
January 2nd) being in favor of
maintaining and making necessary
alterations to the City Hall at its
present location, presented a n d
read. Councilman M o 1 denhauer
moved that the petition be referred
to the Council. Seconded by Mayor
Bitter. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thoms.
Nays—None.
Petition of Dubuque Federation
of Labor requesting to be advised
whenever vacancies occur on the
various Boards and Commissions,
presented and read. Councilman
Pregler moved that the petition
be received and filed and the Clerk
be instructed to mail a list of
the various Boards and Commis-
sion to the Federation. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of Colt .45 Drum do Bugle Petition of CyMI J. Fries re -
Corps requesting permission to questing a refund of $25. on the
Adjourned Regular Session, February 6, 1973 75
unexpired portion of cigarette li-
cense No. 84 as he has discontinued
business on 2-1-73, presented and
read. Councilman Pregler moved
approval of the refund and the
Auditor be directed to issue proper
warrant. Seconded by Councilman
Justmann. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of Mississippi V a l l e y
Milk Producers Ass'n., requesting
a refund of $25. on the unexpired
portion of cigarette license No.
255 as they have discontinued bus-
iness on 2-1.73, presented and read
Councilman Pregler moved appro-
val of the refund and the Auditor
be directed to issue proper war-
rant. Seconded by Council in c n
Justmann. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann. Moldenhauer, Pregler.
Thoms.
Nays—None.
Resolution proposing the appoint-
ment of a Citizen's Freeway Study
Committee consisting of nine mem-
bers, more or less, (brought for-
ward from the meeting of De-
cember 18, 1972) presented and
read. Councilman Thorns moved
that the proposed resolution be re-
ferred to the City Solicitor and
City Planner for a report back
to the Council for the meeting
scheduled for February 19th. Se
conded by Councilman Pregler. Ca-
rried by the following vote:
Yeas — Councilmen Justmann,
Pregler, Thoms.
Nays—Mayor Bitter, Councilman
Moldenhauer.
RESOLUTION NO. 35.73
WHEREAS, applications for Beer
permits have been submitted to
this Council for approval and the
same have been examined; NOW
THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following applica-
tions be granted and permits issued
upon the compliance with t h e
terms of the ordinances of the
City.
CLASS "C" BEER PERMIT
Thompson's Food Markels, Inc.
2119 Rhomherg Avenue.
Passed, adopted and approved
this 6th day of February, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Bitter moved adoption of
the resolution. Seconded by Coun-
cilmen Pregler. Carried by the fol-
lowing vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
RESOLUTION NO. 36.73
WHEREAS, applications for Beer
Permits were filed by the within
names 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
Thompson's Food Markets, I n c.
2119 Rhomberg Avenue.
BE IT FURTHER RESOLVED
that the bonds filed by such appli-
cants be and the same are hereby
approved.
Passed, adopted and approved
this 6th day of February, 1973.
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 t oun-
76 Adjourned Regular Session, February 6, 1973
cilman Pregler. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
RESOLUTION NO. 37-73
WHEREAS, applications for Li-
quor license have been submit-
ted 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 1.31—as amended by the
64th General Assembly, 1971.
CLASS "C" (COMMERCIAL)
BEER LIQUOR LICENSE
John R. Hirsch, 206 West 3rd Street
William P. Fransen, 1900 Washing-
ton Street.
Gerald C. Kirchberg, 3203 Jackson
Street.
Passed, adopted and approved
this 6th day of February, 1973.
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 Coun-
cilman Pregler. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
RESOLUTION NO. 38.73
WHEREAS, applications for Li•
quor licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to bE
occupied by such applicants werf
inspected and found to comply wit]
the State Law and all City ordinan
ces relevant thereto and they haw
filed proper bonds,
NOW THEREFORE BE IT RE-
iOLVED by the City Council of
he City of Dubuque, Iowa, that
the Manager be authorized to cause
to be issued to the following named
applicants a Beer Liquor license.
CLASS "C" (COMMERCIAL)
BEER LIQUOR LICENSE
John R. Hirsch, 206 West 3rd Street
William P. Fransen, 1900 Washing-
ton Street.
Gerald C. Kirchberg, 320,3 Jackson
Street.
Passed, adopted and approved
this 6th day of February, 1973.
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 Coun-
cilman Pregler. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
Communication of the Health and
Engineering Departments, submit-
ting an official notice of a hearing
to be held in Ames on February
7, 1973 pertaining to the establish-
ment of regulations to control odors,
the public availibility of emissions
data and the maintenance and re-
porting of emissions information,
presented and read. Councilman
Pregler moved that the Communi-
cation be received and filed and
that the Health Department and
Engineering Department be repre-
sented at the meeting in Ames.
Seconded by Councilman Molden-
hauer. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler
Thorns.
Nays—None.
There being no further business
Councilman Pregler moved to ad-
Adjourned Regular Session, February 6, 1973
journ. Seconded by Mayor Bitter.
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
Leo F. Frommelt
City Clerk
Approved April 23, 1973
Adopted April 23, 1973
78 Special Sdnssion. February 12, 1973
CITY COUNCIL
OFFICIAL
Special session, February 12,
1973.
Council met at 7:30 P.M. (C.S.T.)
Present—Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms. City Manager Gil-
bert D. Chavenelle.
Mayor Bitter read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of con-
sidering approval of an option
agreement to purchase property
in River Front Subdivision No. 3,
by Thermolyne Corporation and
acting upon such other business
as may properly come before a
regular meeting of the Council.
Notice of Expiration of right of
redemption from tax sale on Lot
387 and the S1 2 of Lot 386 in
East Dubuque No. 2 Addn. (Goet-
zinger property at E. 14th Street),
presented and read. Mayor Bitter
moved that the notice be referred
to the City Solicitor for investiga-
tion and report. Seconded by Coun-
cilman Pregler. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Minutes of the Planning Zoning
Commission meetings of .January
17, 1973 and February 2, 1973, pre-
sented for the record. Councilman
Justmann moved that the minutes
be received and filed. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
February 8, 1973
To the Honorable Mayor and
Members of the City Council
In accordance with the provisions
of Chapter 365 of the 1971 Code
of Iowa the Civil Service Com-
mission conducted entrance exami-
nations on November 15, 1972 for
appointments to the Police Depart-
ment.
The following named. applicant
has passed both the written and
physical examinations and is here.
by certified for appointment.
Callahan, Thomas E. 83%
Gerard B. Noonan
Chairman
Marvin A. Vansickle
Louis F. Fautsch
Civil Service Commis-
sion
Attest:
Leo F. Frommelt
City Clerk
Subscribed and sworn to before
me this 8th day of February, 1973.
Eugene J. Berens
Notary Public
Councilman Pregler moved that
the communication be received and
made a matter of record. Second-
ed by Mayor Bitter. Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Printed Council proceedings for
the months of November and De.
cember 1972, presented for appro-
val. Mayor Bitter moved that the
Council proceedings for the months
of November and December 1972
be approved as printed. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Communication of the T a s k
Force Committee, by Paul Fischer
Chairman, submitting a revised
version of the "Handbook" and
recommending that the Council
specify the number of signers in
Section 1.-C-3; that it become a
guideline for Police in given areas;
and that the Manager be directed
to develop a grievance procedure
for all employees, presented and
read. Councilman Justmann moved
that the number of six be inserted
in Section 1-C-3 and the recom-
mendation of the Task Force Com-
mittee be approved. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Special Session, February 12, 1973 79
Communication of Catholic Mo-
thers Study Clubs of Dubuque
again submitting various argu-
ments
rgu-
ments against the merger of the
Park & Recreation Systems and
requesting to disregard the argu-
ments that systems are merging
in some cities, presented and read.
Councilman Pregler moved that
the communication be received and
filed and referred to the Council
meeting scheduled for March 19th.
Seconded by Councilman J u s t -
mann. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
February 9, 1973
Hon. Mayor
and City Council
On January 9, 1973, Henry F.
Baal of 1913 Rhomberg Avenue,
this city, filed claim against the
City of Dubuque claiming damages
in the amount of $161.00 allegedly
caused to his basement as the
result of a sewer backup on Jan-
uary 3, 1973.
This matter was referred to the
appropriate City Agency, who, on
February 5, 1973, advised the City
Attorney that said claim had been
amicabley disposed of.
Accordingly, it is the recommen-
dation of the City Attorney that
said claim be denied, and original
claim is returned herewith.
R. N. Russo
City Attorney
Mayor Bitter moved approval of
the recommendation. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas --Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
February 9, 1973
Honorable Mayor
and City Council
On January 11, 1973, Paul Bue-
chele of 1919 Rhomberg Avenue,
this city, filed claim against the
City of Dubuque in an unstated
amount claiming damages which
occurred on January 3, 1973 and
alleging said damages were the
result of water entering his base-
ment due to the City Street De-
partment's flushing the main se.
wer at said time and place.
This matter was referred to the
appropriate City Agency, who, on
February 5, 1973, advised the City
Attorney that said claim had been
amicably disposed of.
Accordingly, it is the recommen-
dation of the City Attorney that
said claim be denied, and original
claim is returned herewith.
R. N. Russo
City Attorney
Mayor Bitter moved approval of
the recommendation. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
February 9, 1973
Hon. Mayor
and City Council
On January 30, 1973, Robert D.
Wittman of 333 West Locust, filed
claim against the City of Dubuque
in the amount of $1143.00 alleg-
ing said damages occurred to the
basement of his home and con-
tents thereof on August 2, 1972
as the result of a sewer back
up.
'Chis matter was referred to the
appropriate City Agency, who ad-
vised the City Attorney on Feb-
ruary 6, 1973 of no liability on
the part of the City of Dubuque,
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
Mayor Bitter moved approval of
the recommendation. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Notice of Claim of G. G. David.
saver, in an undetermined amount,
for personal injuries received in
a fall on an ice covered side-
walk at 532 W. 17th Street on
January 4, 1973, presented and
read. Mayor Bitter moved that the
80 Special Scission, February 12, 1973
notice of claim be referred to the
City Solicitor for proper action.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thoms.
Nays—None.
Petition of Dubuque Ass'n of the
Blind requesting a change of dates
from February and March to
March and April W conduct a can-
dy sale, presented and read. Coun-
cilman Pregler moved that t h e
change be granted and referred
to the Manager for implementa-
tion. Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of Ray G. Miehe et al 1
(5 signers) requesting City sewer
to service their properties located
on Bies & Kebbie Drives, present-
ed and read. Councilman Pregler
moved that the petition be referred
to the City Manager and staff.
Seconded by Councilman Thoms.
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Discussion arose as to appoint-
ment of Mayor, Mayor Pro Tem,
succession in case of emergency
etc. Councilman Pregler moved
that the matter be referred to
the City Solicitor. Seconded by Ma-
yor Bitter. Carried by the follow-
ing vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of International Union
of Operating Engineers requesting
an opportunity to meet with the
Council as they feel as of now
they do not have a working agree-
ment with the City. Councilman
Pregler moved that the rules be
suspended in order to let anyone
present address the Council if they
so desire. Seconded by Mayor Bit-
ter. Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Mr. Wm. C. Sweeney Business
agent for the Operating Engineers
stated that they have no working
agreement with the City and are
dissatisfied the way they h a v e
been treated in trying to negotiate.
Councilman Pregler moved that
the City Manager be instructed
through his staff to set up a work
session with operating Engineers.
MOTION DIED FOR LACK OF
A SECOND.
Councilman Thoms moved that
the matter be referred to t h e
Council. Seconded by Councilman
Justmann. Vote on the motion was
as follows:
Yeas — Councilmen Justmann,
Thoms.
Nays — Mayor Bitter, Council-
men Moldenhauer, Pregler.
MOTION FAILED.
Councilman Pregler moved to re-
fer the matter to the meeting of
February 26th. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Councilmen Justmann,
Pregler, Thoms.
Nays — Mayor Bitter, Council-
man Moldenhauer.
Petition of Eugene Siegert by
Attorney Alfred E. Hughes, re-
questing rezoning of Lot 1 of 2
of 2 of 1 of 1 of I of 1 and
Lot 2 of 2 of 1 of 1 of 1 of
1 in Chaney Place, located at 2615
Hillcrest Road from its present
Single Family Classification to
Multiple classification and that the
request be referred to the Plan-
ning & Zoning Commission, pre-
sented and read. Mayor Bitter mo-
ved that the petition be referred
to the Planning & Zoning Com-
mission. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing to dispose of interest
in Lot 1 of Block 12, Block 13
and Lot 1 of Block 14 in River -
front Sub. No. 3 providing for a
two year option with Thermolyne
Corporation, presented and read.
No written objections were receiv-
ed and no oral objectors were pre-
sent in the Council Chamber at
Special Session, February 12, 1973 81
the time set for the public hear-
ing. Mr. Donald Toom, a local
realtor, spoke in favor of the op-
tion. Councilman Pregler moved
that the proof of publication be
received and filed. Seconded by
Mayor Bitter. Carried by the fol-
lowing vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
RESOLUTION NO. 39.73
WHEREAS, pursuant to Resolu-
tion of published notice of time
and place of hearing published in
the Telegraph -Herald, a newspa-
per of general circulation published
in the City of Dubuque, Iowa on
January 19, 1973 and January 26,
1973, City Council of City of Du-
buque, Iowa, met on the 12th day
of February, 1973 at 7:30 o'clock
P.M. (Central Standard Time) in
the City Council Chamber, City
Hall, Dubuque, Iowa to consider
the proposal of entering into an
option agreement between the City
of Dubuque, Iowa and the Ther-
molyne Corporation covering Lot
1 of Block 12, Block 13, and Lot
1 of Block 14 in River Front Sub-
division No. 3 in the City of Du-
buque, Iowa containing 7.206 acres
more or less; and
WHEREAS, City Council of Du-
buque, Iowa overruled any and
all objections, oral or written to
the proposal to dispose of interest
of City of Dubuque, Iowa, in the
above real estate to the Thermol-
yne Corporation:
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the proposal of
entering into an option agreement
between the City of Dubuque, Iowa
and the Thermolyne Corporation
covering the following described
real estate, to -wit:
Lot 1 of Block 12, Block 13,
and Lot 1 of Block 14 in "River
Front Subdivision No. 3" in the
City of Dubuque, Iowa
which provides for an option for
a two year period at $275.00 per
acre, payable in advance and
selling price of the real estate
shall be $5,000.00 per acre and
option payments shall not be deem-
ed nor be applied upon purchase
price; be and the same is hereby
approved.
In the event said option is exer-
cised by the Thermolyne Corpor-
ation, it agrees to commence con-
struction of a plant within one
year of delivery of deed and fur-
ther agrees to complete such con-
struction within two years of de-
livery of deed.
Section 2. That the Mayor and
City Clerk be and they are hereby
authorized and directed to execute
said Option, Agreement, copy of
which is hereto attached, marked
Exhibit "A", and by reference
made a part hereto.
Section 3. That the City Clerk
he and he is hereby ordered to
file a certified copy of this Re-
solution together with Exhibit "A"
hereto attached in the office of
the Dubuque County Recorder.
Passed, approved and adopted
this 12th day of February, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Wayne A. Moldenhauer
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Bitter moved adoption of
the resolution. Seconded by Coun-
cilman Moldenhauer. Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
OPTION AGREEMENT
FOR AND IN CONSIDERATION
OF One Thousand Nine Hundred
Eighty One and 65 -loo Dollars
($1,981.65) Dollars and other good
and valuable consideration, the re-
ceipt and sufficiency of which is
hereby acknowledged by CITY OF
DUBUQUE, IOWA (hereinafter re-
ferred to and called -Optionor")
hereby grants unto THERMOLY-
NE CORPORATION of Dubuque,
Iowa (hereinafter referred to and
called "Optionee") an option to
purchase the following described
real estate, to -wit:
Lot 1 of Block 12, Block 13,
and Lot 1 of Block 14, in "River
82 Special Session, February 12, 1973
Front Subdivision No. 3" in the
City of Dubuque, Iowa
upon the following terms and con-
ditions, to -wit:
1. That the selling price of said
real estate shall be Five Thousand
($5,000.00) Dollars per acre or a
total purchase price of $36,030.00
Dollars and that the option pay-
ments shall not be deemed nor
be applied upon the purchase price.
2. That the term of this option
shall be for a two (2) year period
and the "Optionor" reserves the
right to not renew said option by
giving ninety (90) days prior writ-
ten notice to the expiration of said
original term of said option and
such cancellation or refusal to ex-
tend the option shall be made by
"Optionor" to the "Optionee" in
writing. The "Optionor" may ex-
tend said option for an additional
two (2) year period.
3. That the consideration for this
option shall be the sum of Two
Hundred Seventy-five ($275.00) Dol-
lars per acre per year payable
annually in advance.
4. That in the event the said
option is exercised by the "Op-
tionee" the "Optionee" agrees to
commence construction of a plant
within one (1) year of delivery
of deed and further agrees to com-
plete such construction within two
(2) years of delivery of deed.
5. That the construction of said
improvements shall conform to all
City Codes and Ordinances.
6. In the event of exercise of
said option, the "Optionor" shall
convey said premises by Quit
Claim Deed subject to existing
easements, for sewer, water and
all utilities and the "Optionor" re-
serves an easement for the location
and maintenance of such utilities,
together with the right of ingress
therein and egress therefrom for
the purpose of repair and main-
tenance thereof.
7. The "Optionor" reserves an
easement over Lot 1 of Block 14
Riverfront Subdivision No. 3 for
possible extension of sanitary se-
wer, storm sewer and water main
and said easement shall be for
fifty (50') feet as construction ease-
ment and for twenty (20') feet
as utilities easement.
8. That said "Optionor" reserves
an easement in, over, on and
across the property hereinabove
described as railroad easement
which ea,,ement. area is shaded
in green on the attached plat and
contains approximately .3377 acres,
said plat being dated January 31,
1969 and prepared by Cullen-Schiltz
& Associates, Inc.
9. In the event "Optionee' de-
sires to exercise said option the
"Optionee" shall do same by giving
the "Optionor" written notice of
its intention to exercise said op-
tion at least ninety (90) days prior
to the expiration of said option,
or any extension thereof.
Dated at, Dubuque, Iowa, this
12th day of Februray, 1973.
CITY OF DUBUQUE, IO-
WA
BY: Joseph J. Bitter
Mayor
OPTIONOR
T1iERMOLYNE CORP-
ORATION
By: Burton S. Payne Jr.
President
By: Walter H. Johnson
Vice President
OPTIONEE
Attest:
Leo F. Frommelt
City Clerk
RESOLUTION NO. 40.73
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That the City Manager be and
he hereby authorized and directed
to execute an agreement amend-
ment dated January 25, 1973 with
Illinois Central Gulf Railroad Com-
pany, a copy of which is attached,
respecting the substitution of 30
inch diameter steel pipe for 30
inch concrete pipe casing, all in
connection with railroad crossing
easements of the Center Grove Val-
ley Interceptor Sanitary Sewer
Project.
Passed, approved and adopted
this 12th day of February, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan 1'. Thorns
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, February 12, 1973
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Communication of Assistant Ma-
nager Fischer submitting match-
ing resolutions for financing the
County -City Law Enforcement Cen-
ter to meet the requirements of
the Iowa Crime Commission, the
amounts indicated are the prora-
tion of the Ctity share of construc-
tion cost, presented and read.
Councilman Moldenhauer m o v e d
that the communication be receiv-
ed and filed. Seconded by Council-
man Pregler. Carried by the fol-
lowing vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Administration
MATCHING RESOLUTION
NO. 41-J3
Whereas, the City of Dubuque.
Iowa, by resolution duly passed
heretofore, has resolved that it will
provide during the calendar year
of 1973 cash funds for the follow-
ing Iowa Crime Commission pro-
jects:
Brief Description of Project,
County -City Law Enforcement Cen-
ter, Amount of Funds Being Pro-
vided, $47,368.
We further resolve that we will
provide in-kind match during the
calendar year of N -A for the fol-
lowing projects:
Passed, this 12th day of Feb-
ruary, 1973.
Joseph J.
Bitter
Mayor
Walter A.
Pregler
Allan T.
Thoms
Wayne A.
Moldenhauer
C. Robert
Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Moldenhauer moved
adoption of the resolution. Second-
ed by Councilman Pregler. Car -
83
ried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Detention
MATCHING RESOLUTION
NO. 44.73
Whereas, the City of Dubuque,
Iowa, by resolution duly passed
heretofore, has resolved that it will
provide during the calendar year
of 1973 cash funds for the follow-
ing Iowa Crime Commission pro-
jects:
Brief Description of Project,
County -City Law Enforcement Cen-
ter, Amount of Funds Being Pro-
vided, $28,636.
We further resolve that we will
provide in-kind match during the
calendar year of N/A for the fol-
lowing projects:
Passed this 12th day of Feb-
ruary, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Moldenhauer moved
adoption of the resolution. Second-
ed by Councilman Pregler. Car-
ried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
MATCHING RESOLUTION
RESOLUTION NO. 43-73
Whereas, the City of Dubuque,
Iowa, by resolution duly passed
heretofore, has resolved that it will
provide during the calendar year
of 1974 cash funds for the follow-
ing Iowa Crime Commission pro-
jects:
Brief Description of Project,
County -City Law Enforcement Cen-
ter, Amount of Funds Being Pro-
vided, $98,837.
We further resolve that we will
provide in-kind match during the
calendar year of N -A for the fol-
lowing projects:
S4 Special session, February 12, 1973
Passed this 12th day of Feb-
ruary, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert. Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Moldenhauer moved
adoption of the resolution. Second-
ed by Councilman Pregler. Car-
ried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thoms.
Nays—None.
Communication of Mayor Joseph
J. Bitter submitting a letter a copy
of which was sent to 57 Mayors
and Chairman of the Boards of
Supervisors in Dubuque County, Jo
Daviess County Illinois, and Grant
County Wisconsin, along with a
resolution supporting the Emer-
gency Bridge Replacement pro-
gram,
ro-
gram, presented and read. Mayor
Bitter moved that the communica-
tion be received and filed. Second-
ed by Councilman Pregler. Car-
ried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
RESOLUTION NO. 44-73
WHEREAS, the continued de-
velopment of the tri-state region
surrounding Dubuque is vital to
the interest of the people of the
region and to the States of Iowa,
Illinois, and Wisconsin, and
WHEREAS, a system of modern
highways free of hazard and con-
gestion is essential to the economic
well-being of the Dubuque Metro-
politan Area, including the adjoin-
ing areas of northwestern Illinois
and southwestern Wisconsin, and
WHEREAS, this tri-state region
has, to a great extent, been denied
the benefits of safe and modern
highway development, and
WHEREAS, the provision of am•
ple bridge facilities crossing the
Mississippi River is an essentia',
element in any proposed program
for regional highway development
to promote the free movement of
people and goods throughout the
tri-state region to the mutual bene-
fit of all its communities and in-
dustries, and
WHEREAS, the States of Iowa
and Wisconsin have designated the
proposed Dubuque -W i s c o n s i n
Bridge among their high priorities
for funding within the Emergency
Bridge Replacement Program of
the Federal Highway Administra-
tion; and
WHEREAS, funding of the Du-
buque -Wisconsin Bridge Project
within the Emergency Bridge Re-
placement Program is essential to
the financing of said project to
avoid the necessity of re-establish-
ing toll collections on all bridges
serving the three states through
the Dubuque Metropolitan Area.
and
WHEREAS, the Congress of the
United States is now considering
such Emergency Bridge Replace-
ment Program as part of the Fed-
eral -Aid Highway Act.
NOW THEREFORE BE IT RE-
SOLVED by the Mayor and City
Council of the City of Dubuque,
Iowa.
Section 1. That the Honorable
Richard Clark, United States Sen-
ator, State of Iowa, be and is
hereby respectfully urged to sup-
port the Emergency Bridge Re-
placement Program of the Federal -
Aid Highway Act now pending be-
fore. the United States Congress,
W the extent that such program
shall provide adequately for the
needs of the Tri-State region.
Section 2. That it is of vital
interest to the people of northeas-
tern Iowa, southwestern Wisconsin
and northwestern Illinois that such
Emergency Bridge Replacement
Program should provide funds at
or above the level proposed for
such Program in 1972 by the House
of Representatives.
Section 3. That such funds to
be expended, now or in the future,
through the provisions of the Emer-
gency Bridge Replacement Pro-
gram shall be allocated on a pre-
ferential basis to projects of multi-
state significance with particular
reference to the Dubuque -Wiscon-
sin Bridge Project.
Special Session, F ebmary 12, 1973 gg
Passed, approved and adopted
this 12th day of February. 1973.
Joseph .1. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Bitter moved adoption of
the resolution. Seconded by Coun-
cilman Pregler. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
RESOLUTION NO. 45.73
WHEREAS, the continued de.
velopment of the tri-state region
surrounding Dubuque is vital to
the interest of the people of the
region and to the States of Iowa,
Illinois, and Wisconsin, and
WHEREAS, a system of modern
highways free of hazard and con-
gestion is essential to the economic
well-being of the Dubuque Metro-
politan Area, including the adjoin-
ing areas of northwestern Illinois
and southwestern Wisconsin, and
WHEREAS, this tri-state region
has, to a great extent, been denied
the benefits of safe and modern
highway development, and
WHEREAS, the provision of am-
ple bridge facilities crossing the
Mississippi River is an essential
element in any proposed program
for regional highway development,
to promote the free movement of
People and goods throughout the
tri-state region to the mutual bene-
fit of all its communities and in-
dustries, and
WHEREAS, the States of Iowa
and Wisconsin have designated the
proposed Dubuque -W i s c o n s i n
Bridge among their high priorities
for funding within the Emergency
Bridge Replacement Program of
the Federal }Highway Administra-
tion; and
WHEREAS, funding of the Du-
buque -Wisconsin Bridge Project
within the Emergency Bridge Re-
placement Program is essential to
the financing of said project to
avoid the necessity of re-establish-
ing toll collections on all bridges
serving the three states through
the Dubuque Metropolitan Area,
and
WHEREAS, the Congress of the
United States is now considering
such Emergency Bridge Replace.
ment Program as part of the Fe-
deral -Aid Highway Act.
NOW THEREFORE BE IT RE-
SOLVED by the Mayor and City
Council of the City of Dubuque.
Iowa.
Section 1. That the Honorable
John C. Culver, United States Re.
presentative State of Iowa, be and
is hereby respectfully urged to sup-
port the Emergency Bridge Re.
Placement Program of the Federal.
Aid Highway Act now pending be-
fore the United States Congress,
to the extent that such program
shall provide adequately for the
needs of the Tri-State region.
Section 2. That it is of vital
interest to the people of north-
eastern Iowa, southwestern Wis-
consin and northwestern Illinois
that such Emergency Bridge Re-
placement Program should provide
funds at or above the level pro-
posed for such Program in 1972
by the House of Representatives.
Section 3. That such funds to
be expended, now or in the future,
through the provisions of the
Emergency Bridge Replacement
Program shall be allocated on a
preferential basis to projects of
multi -state significance with parti-
cular reference to the Dubuque -
Wisconsin Bridge Project.
Passed, approved and adopted
this 12th day of February, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
I.eo F. Frommelt
City Clerk
Mayor Bitter moved adoption of
the resolution. Seconded by Coun-
cilman Pregler. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann. Moldenhauer, Pregler,
Thoms.
Nays—None.
Special Session February 12, 1973
RESOLUTION NO. 46.73
WHEREAS, the continued de-
velopment of the tri-state region
surrounding Dubuque is vital to
the interest of the people of the
region and to the States of Iowa,
Illinois, and Wisconsin, and
WHEREAS, a system of modern
highways free of hazard and con-
gestion is essential to the econo-
mic well-being of the Dubuque Me-
tropolitan Area, including the ad-
joining areas of nothwestern Illi-
nois and southwestern Wisconsin,
and
WHEREAS, this tri-state region
has, to a great extent, been denied
the benefits of safe and modern
highway development, and
WHEREAS, the provision of am-
ple bridge facilities crossing the
,liississippi River is an essential
element in any proposed program
for regional highway development..
to promote the free movement of
people and goods throughout the
tri-state region to the mutual bene-
fit of all its communities and in-
dustries, and
WHEREAS, the States of Iowa
and Wisconsin have designated the
proposed Dubuque -W i s e o n s i n
Bridge among their high priorities
for funding within the Emergency
Bridge Replacement Program of
the Federal Highway Administra-
tion; and
WHEREAS, funding of the Du-
buque -Wisconsin Bridge Project
within the Emergency Bridge Re-
placement Program is essential to
the financing of said project to
avoid the necessity of re-establish-
ing toll collections on all bridges
serving the three states through
the Dubuque Metropolitan Area,
and
WHEREAS, the Congress of the
United States is now considering
such Emergency Bridge Replace-
ment Program as part of the Fe-
deral -Aid Highway Act.
NOW THEREFORE BE IT RE-
SOLVED by the Mayor and City
Council of the City of Dubuque,
Iowa.
Section 1. That the Honorable
Harold Hughes, United States Se-
nator, State of Iowa, be and is
hereby respectfully urged to sup-
port the Emergency Bridge Re-
placement Program of the Federal -
Aid highway Act now pending be-
fore the United States Congress,
to the extent that such program
shall provide adequately for the
needs of the Tri-State region.
Section 2. That it is of vital
interest to the people of north.
eastern Iowa, southwestern Wis.
consin and northwestern Illinois
that such Emergency Bridge Re-
placement Program should provide
funds at or above the level pro-
posed for such Program in 1972
by the House of Representatives.
Section 3. That such funds to
be expended, now or in the fu-
ture, through the provisions of the
Emergency Bridge Replacement
Program shall be allocated on a
preferential basis to projects of
multi -state significance with parti-
cular reference to the Dubuque -
Wisconsin Bridge Project.
Passed, approved and adopted
this 12th day of February, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Bitter moved adoption of
the resolution. Seconded by Coun-
cilman Pregler. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
An ordinance amending and chang-
ing Ordinance No. 3.34 known as
the "Zoning Ordinance and Zoning
Map of the City of Dubuque, Iowa",
so as to add a new Subsection
(k) to Section 1 of Article VB
to clarify a prohibition on the use
of any premises in a local Busi-
ness "B" District for places com-
monly described as adult enter-
tainment or adult book stores,
presented and read.
Councilman Justmann moved
that this be considered the first
reading of the Ordinance and same
be referred to the Planning and
Zoning Commission. Seconded by
Special Session, February 12, 1973 87
Councilman Pregler. Carried by
the following vote:
Yeas—Mayor Bitter. Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
There being no further business
Councilman Thoms moved to ad-
journ. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Leo F. Frommelt
City Clerk
Approved April 23, 1973
Adopted April 23, 1973
Councilmen
City Clerk
88 Special Smion, February 19, 1973
CITY COUNCIL
OFFICIAL
Special session, February 19,
1973.
Council met at 7:30 P.M. (C.S.T.)
Present—Mayor Bitter, Council-
men Justmann, Moldenhauer,
Pregler, Thoms. City Manager Gil-
bert D. Chavenelle.
Mayor Bitter read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of amend-
ing Zoning Ordinance No. 3-34 on
properties in Key Knolls and Wull-
webers Subdivisions and acting up-
on such other business as may
properly come before a regular
meeting of the Council.
Communication of Iowa State De-
partment of Health submitting a
copy of revised rules and regula-
tions governing the installation of
plumbing known as the "State
Plumbing Code", presented and
read. Councilman Pregler moved
that the communication be receiv-
ed and filed and referred to the
Plumbing Board. Seconded by
Councilman Moldenhauer. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Communication of A. L. Weitz
urging the preservation and func-
tional use of our grand City Hall,
presented and read. Councilman
Pregler moved that the communi-
cation be received and filed. Se-
conded by Mayor Bitter. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Communication of Sidney R.
Hartley being in agreement with
the proposed plan expressed by
Councilman Moldenhauer, in a for-
mer council meeting, relative to
our own low -rent Housing p 1 an
subsidy, presented and read. Coun-
cilman Pregler moved that the
communication be received a n d
filed and copies of the communi-
cation be sent to the Council and
Low -Rent Housing Commission. Se-
conded by Councilman M o l d e n.
hauer. Carried by the following
vote:
Yeas—Mayor Bitter. Councilmen
Justmann, Moldenhauer, Pregler.
Thoms.
Nays—None.
Communication of Dubuque
County Democratic Club submitt-
ing a resolution opposing the pro-
posed twelve foot Mississippi Ri-
ver Channel and requesting the
Council to cease supporting the
project because of the environmen-
tal impact, presented and read.
Councilman Thoms moved that the
communication be referred to the
Dock Commission to make priority
items for study. Seconded by Coun-
cilmen Pregler. Carried by the fol-
lowing vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Communication of Hempstead
Senior High School, Springwind
Committee, advising that their pro-
gram this year is set for May
3rd and 4th in order to give the
students an opportunity to experi-
ence a new and different method
of learning, other than what they
are used to every day of the school
year, and requesting Council par-
ticipation on the appointed days,
presented and read. Councilman
Moldenhauer moved that the com-
munication be received and filed.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
February 16, 1973
To the Honorable Mayor and
Members of the City Council
Gentlemen:
This is to advise that I have
approved the following bonds and
desire to have your approval on
same.
Airport Commissioner Bond
Stacey Murdock - Hawkey* Securi-
ty Insurance Co. to 9-1.4-76, Bond
No. 1003472.
Sidewalk Construction Bond
Conlon Construction Co. dated Ja-
nuary 24, 1973, Bond No. 5-716723
Special Session, February 19, 1973 89
Northwestern National Insurance
Co. of Milwaukee.
Respectfully Submitted,
Gilbert D. Chavenelle
City Manager
Councilman Moldenhauer moved
filing approval subject to approval
of the City Attorney. Seconded by
Mayor Bitter. Carried by the fol-
lowing vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
February 12, 1973
Hon. Mayor
and City Council
On December 28, 1972, Carl
Louis Oberhoffer, Jr. of 2815 Hill-
crest Road, this city, filed claim
against the City of Dubuque, Iowa
in the amount of $350.00 claiming
said damages occurred to the base-
ment of his home on December
4, 1972 as the result of a sewer
backup.
This matter was referred to the
appropriate City Agency, who, by
letter dated February 7, 1973, ad-
vised the City Attorney of no lia-
bility nor negligence on the part
of the City, and in view of the
foregoing, it is the recommenda-
tion of the City 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.
Notice of claim of Jerry Stead-
man, in an undetermined amount,
fur car damage incurred as the
result of salt discharge from a
city -owned salt truck on February
15, 1973 at 12th & Main Street,
presented and read. Councilman
Pregler moved that the notice of
claim be referred to the City At-
torney for investigation and report.
Seconded by Mayor Bitter. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing to amend Zoning Or-
dinance No. 3-34 so as to change
Lot A of Block 22 in Key Knolls
Subdivision from Multiple R e s i-
dence District Classification to Lo-
cal Business "A" classification,
presented and read. Councilman
Pregler moved that the proof of
publication be received and filed.
Seconded by Councilman Molden.
hauer. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Councilman Pregler moved that
the rules be suspended in order
to let anyone address the Council
if they so desire. Seconded by
Councilman Moldenhauer. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms..
Nays—None.
Attorney Robert Bertsch stated
that his client Mr. Hansel plans
to hold a fourteen foot wide strip
off Kennedy Road in abeyance in
case the City should need it to
widen J.F.K. road to help relieve
the traffic difficulty encountered
on the strip. As to the possible
study of traffic on J.F.K. Road
it will not interfere and should
have no effect on the proposed
Zoning of the Key Knolls property.
Mr. Delos Dorweiler stated that
Kennedy Road is in a business
area and was more concerned
about some light poles in the Key
Knolls area that seem to be prov-
ing to be a constant traffic ha-
zard and requested if the hazard
could be removed at this time.
City Planner Dan Dittemore was
called upon by the Council for
his opinion in the Zoning of this
particular area. Mr. Dittemore sta-
ted that zoning would not sub-
stantially add to the traffic prob-
lems on Kennedy Road. In his
opinion the zoning request was rea-
sonable and in keeping with J.F.K.
90 Special Session, February 19, 1973
road general commercial charac-
ter.
ORDINANCE NO. 2-73
An ordinance amending and chan-
ging Ordinance No. 3-34 known as
the "Zoning Map and Zoning Or-
dinance of the City of Dubuque,
Iowa" so as to change certain
property hereinafter described
from "Multiple Residence District"
classification to "Local Business
'A' District" classification, (H.R.
W. Associates property) said Or-
dinance having been previously
presented and read at the Council
meeting of January 29, 1973,
presented for final adoption.
ORDINANCE NO. 2-73
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 3-34
KNOWN AS THE "ZONING MAP
AND ZONING ORDINANCE OF THE
CITY OF DUBUQUE, IOWA" SO AS
TO CHANGE CE TAIN PROPERTY
HEREINAFTER DESCRIBED FROM
"A.ULTIPLE RESIDENCE DISTRICT"
CLASSIFICATION TO "LOCAL. BUSI-
NESS 'A' DISTRICT" CLASSIFICA-
TION
NOW THEREFORE BE IT OR-
NCIL
OFCITY BITY OF DUBUQUE, IY THE CITY OWA
Section 1. That Ordinance No. 3-34
known as the "Zoning Map and Zoning
Ordinance of the City of Dubuque,
Iowa' be and the same Is hereby
amended by changing from "Multi-
pple Residence D strict" classification
io "Local Business 'A' District" clas-
sification the following described real
estate, to -wit:
Lot A of Block 22 in Key Knolls
Subdivision, all in the City of Du-
buque, Iowa.
Section 2. That the foregoing Amend-
ment has heretofore been approved
by the Planning and Zoning Commis-
sion of the City of Dubuque.
Passed, approved and adopted this
19th day of February, 1973.
Joseph J. Bitter
Mayo,
Walter A. Pregler
Allan T. Thorns
Wayne A. Moidenhauer
Councilmen
ATTEST: Leo F. Frommelt
City Clerk
Published Officlally In T' ie Tele.
graph -Herald Newspaper this 22nd
day of February 1913.
Leo F. Frommell
It. 2/22 City Clelrk
Councilman Pregler moved final
adoption of the Ordinance. Second-
ed by Councilman Moldenhauer.
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thoms.
Nays—Councilman Justmann.
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing to consider amending
Zoning Ordinance No. 3-34 so as
to change Lot 1 of 2 of 2 of
Lot 11, and Lot 2 of 1 of Lot
11 in Wullweber's Subdivision from
Multiple Residence District Classi.
fication to Business District Classi-
fication, presented and read.
No written objections were filed
and no oral objectors were pre -
at the time set for the pub-
lic hearing.
Councilman Pregler moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Moldenahuer. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thom s.
ORDINANCE NO. 3-73
An ordinance amending and chang-
ing Ordinance No. 3.34 known as
the "Zoning Map and Zoning Or-
dinance of the City of Dubuque,
Iowa" so as to change certain
property hereinafter described
from "Multiple Residence District"
classification to "Business D i s.
trict' classification, (property at
2403 Central Ave.), said Ordinance
having been previously presented
and read at the Council meeting
of January 29, 1973, presented for
final adoption.
ORDINANCE NO 3-73
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO, 3-34
KNOW AS THE "ZONING MAP
AND ZONING ORDINANCE OF THE
CITY OF DUBUQUE, IOWA" 50 AS
TO CHANGE CERTAIN PROPERTY
HEREINAFTER DESCRIBED FROM
"MULTIPLE RESIDENCE DISTRICT"
CLASSIFICATION TO "BUSINESS
DISTRICT" CLASSIFICATION
NOW THEREFORE BE IT OR.
UNCIL
OFITHE CITY OFEDUBUQUE IOWA;
Section 1. That Ordinance No. 3-34
known as the "Zoning Map and Lon.
Ing Ordinance of the City of Dubuque,
Iowa" be and the same Is hereby
amended by changing from "Multiple
Residence District" classification to
"Business District" classification the
following described real estate, to
wit:
Lot 1 of Lot 2 of Lot 2 of Lot 11,
W uliweber'sLot 2oSubdivislon, all inLot I Lt 1t the
City of Dubuque, Iowa.
Section 2. Thnt the foregoing Amend
ment has heretofore been approved
by the Planning and Zoning Commis-
sion of the City of Dubuque, Iowa.
Passed, approved and adopted this
19th day of Febr uarv, 1973.
Joseph J. Bitter
Mayor
Walter A,Pregler
Allan T. Thorns
Wayne A. Moldenhauer
C. Robert Jusomne Imen
ATTEST: Leo F. Frommelf
City Clerk
Published officially in The Tele
graph -Herald Newspaper this 22nd
day of February 1973.
Leo F. Frommelt
11. 2/22 City Clelrk
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.
Special Session, February 1.9, 1973 91
February 12, 1973
To the Honorable Mayor
and City Council
I have estimated the "unassign-
ed" balances of the several funds.
The estimate is:—
General Fund ................$ 24,300,00
Street. Fund .................... 9,400.00
Road Use Tax Fund las
of Dec. 1973) .............. 60,000.00
Public Safet.v Fund ........ 28,600.00
Sanitation Fund ............ 2,000.00
Refuse Disposal Fund .... -20,000.00
Sewage Rental Fund .... 63,000.00
Refuse Collection Fund.. 77,500.00
Airport Fund 3,700.00
Dock Fund ...................... 10,700.00
Library Fund ................ 6,700.00
Water Works -General
Fund (as of Dec. 1973) -17,000.00
Water Works -Deprecia-
tion Fund .................... 152,000.00
Street and Traffic light.
ing Fund .................... 2,500.00
Recreation Fund .......... 19,200.00
Golf Fund ........................ 21600.00
Golf Development Fund 2,300.00
Rafferty Fund ................ 24,300.00
Park Fund ...................... 1,300.00
Liquor Sales Profit Fund
(as of Dec. 1973) ........ 12,500.00
Parking Facilities Fund 8,300.00
General Fund - Land
Sales Account ............ 82,000.00
Tort Liability Fund .. 297.00
Trust and Agency Fund 16.900.00
General Obligation Debt
Service Fund (as of
Dec. 1973) .................... -0-
Further I have determined the
cost of programs and materials
which should be carried forward
from the 1972 appropriations and
added to the 1973 budget appro-
priations. These costs are shown
on the attached table, "Requested
Supplemental Appropriations to the
1973 Budget."
1 have requested that an ordi-
nance be drawn covering these
transactions.
Gilbert 0. Chavenelle
City Manager
Councilman Moldenhauer moved
that the communication be re-
ceived and filed. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
ORDINANCE NO. 7.73
An ordinance amending the budget
as approved by Ordinance No. 1-73,
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.
nance to be read on three se-
parate days be waived. Seconded
by Councilman Pregler, Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
Councilman Moldenhauer moved
that a public hearing on the Or-
dinance by held on March 12, 1973
at 7:30 o'clock P.M. in the Council
Chamber at the City Hall and the
City Clerk be instructed to publish
notice of the hearing in the man-
ner required by law. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Petition of Sign Service Inc. re-
questing the use of a concrete
base located at 901 Rhomberg Ave.,
half of which is resting on city
property, for the purpose of lo-
cating a sign for Lemmer Radio
& TV service, presented and read.
Councilman Moldenhauer moved
that the petition be received and
filed. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
ORDINANCE NO. 8.73
An ordinance authorizing Ralph L.
Lemmer, 901 Rhomberg Avenue
to construct an identification sign
base,
presented and read,
Councilman Moldenhauer moved
that the reading just had be con.
90 Special Session, February 19, 1973
road general commercial charac-
ter.
ORDINANCE NO. 2.73
An ordinance amending and chan-
ging Ordinance No. 3.34 known as
the "Zoning Map and Zoning Or-
dinance of the City of Dubuque,
Iowa" so as to change certain
property hereinafter described
from "Multiple Residence District'
classification to "Local Business
'A' District" classification, (H.R.
W. Associates property) said Or-
dinance having been previously
presented and read at the Council
meeting of January 29, 1973,
presented for final adoption.
ORDINANCE NO. 2-73
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 3-34
KNOWN AS THE ZONING MAP
A14D ZONING ORDINANCE OF THE
CITY OF DUBUQUE, IOWA" SO AS
TO CHANGE CERTAIN PROPERTY
HEREINAFTER DESCRIBED FROM
"MULTIPLE RESIDENCE DISTRICT"
SSI'ORTLSFCNESA'DIC" CIASIIA-
TION
NOW THEREFORE BE IT OR-
IED BY THTHE CITY OFEDUBUQUECITY
UNCIL
OFIOWA:
Section 1. That Ordinance No. 3-34
known as the "Zoning Map and Zoninq
Ordinance of the City of Dubuque,
Iowa' be and the same Is hereby
amended by changing from "Multi-
ple Residence District" classification
to clas-
sification the Business
lsC descriibedereal
estate, to -wit:
Lot A of Block 22 In Key Knolls
Subdivision, all in the City of Du-
buoue, Iowa.
Section 2. That the foregoing Amend-
ment has heretofore been approved
by the Planning and Zoning Commis-
sion of the City of Dubuque.
Passed, approved and adopted this
19th day of February, 1973.
Joseph J. Bitter
Manor
Walter A. Preolor
Allan T. Thorns
Wayne A. Moldenhauer
Councilmen
ATTEST: Leo F. Frornmelt
City Clerk
Published Officially In Tie Tele-
graph -Herald Newspaper this 22nd
day of February 1973.
Leo F. Frommelt
It. 2/22 City Clelrk
Councilman Pregler moved final
adoption of the Ordinance. Second-
ed by Councilman Moldenhauer.
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Moldenhauer, Pregler, Thoms.
Nays—Councilman Justmann.
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing to consider amending
Zoning Ordinance No. 3-34 so as
to change Lot 1 of 2 of 2 of
Lot 11, and Lot 2 of 1 of Lot
11 in Wullweber's Subdivision from
Multiple Residence District Classi-
fication to Business District Classi-
fication, presented and read.
No written objections were filed
and no oral objectors were pre-
sent at the time set for the pub-
lic hearing.
Councilman Pregler moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Moldenahuer. Carried
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
ORDINANCE NO. 3-73
An ordinance amending and chang-
ing Ordinance No. 3.34 known as
file "Zoning Map and Zoning Or-
dinance of the City of Dubuque,
Iowa" so as to change certain
property hereinafter described
from "Multiple Residence District"
classification to "Business D i s-
trict' classification, (property at
2403 Central Ave.), said Ordinance
having been previously presented
and read at the Council meeting
of January 29, 1973, presented for
final adoption.
ORDINANCE NO, 3-73
AN OGRDINANCE AMENDING AND
CHANKNOWNINAS ORDINANCE
O MAP
AND ZONING ORDINANCE OF THE
CITY OF DUBUQUE, IOWA" SO AS
TO CHANGE CERTAIN PROPERTY
HEREINAFTER DESCRIBED FROM
"MULTIPLE RESIDENCE DISTRICT"
CLASSIFICATION TO "BUSINESS
DISTRICT" CLASSIFICATION
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 3-34
known as the "Zoning Map and Zon-
ing Ordinance of the City of Dubuque,
Iowa" be and the same Is hereby
amended by changing from "Multiple
Residence District' classification to
"Business District" classification the
following described real estate, to -
wit:
Lot 1 of Lot 2 of Lot 2 of Lot 11,
and Lot 2 of Lot 1 of Lot 11 In
Wullweber's Subdivision, all In the
City of Dubuque, Iowa.
Section 2. That the foregoing Amend
rnent has heretofore been approved
by the Planning and Zoning Commis-
sion of the Cityof Dubuque, Iowa.
Passed, approved and adopted this
19th day of February. 1973.
Joseph J. Bitter
Mayor
Welter A.Pregler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert J Councilmen
ATTEST: Leo F. Frommelt
City Clerk
Published officially in The Tele-
graph -Herald Newspaper this 22nd
day of February 1973.
Leo F. Frommelt
It. 2/22 City Cleirk
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.
I Nays—None.
Special Session, February 19, 1973 91
February 12, 1973
To the Honorable Mayor
and City Council
I have estimated the "unassign-
ed" balances of the several funds.
The estimate is:—
General Fund ................$ 24,300.00
street Fund .................... 9,400.00
Road Use Tax Fund (as
of Dec. 1973) .............. 60,000.00
Public Safety Fund ........ 28,600.00
Sanitation Fund 2,000.00
Refuse Disposal Fund .... -20,000.00
Sewage Rental Fund .... 63,000.00
Refuse Collection Fund.. 77,500.00
Airport Fund 3,700.00
Dock Fund ...................... 10,700.00
Library Fund ................ 6.700.00
Water Works - General
Fund (as of Dec. 1973) --17,000.00
Water Works -Deprecia-
tion Fund .................... 152,000.00
Street and Traffic Light-
ing Fund 2,500.00
Recreation Fund .......... 19,200.00
Golf Fund ........................ 2,600.00
Golf Development Fund 2,300.00
Rafferty Fund ................ 24,300.00
Park Fund 1,300.00
Liquor Sales Profit Fund
(as of Dec. 1973)........ 12,500.00
Parking Facilities Fund 8,300.00
General Fund - Land
Sales Account ............ 82,000.00
Tort Liability Fund ... 297.00
Trust and Agency Fund 16,900.00
General Obligation Debt
Service Fund (as of
Dec. 1973) .................... -0-
Further I have determined the
cost of programs and materials
which should be carried forward
from the 1972 appropriations and
added to the 1973 budget appro-
priations. These costs are shown
on the attached table, "Requested
Supplemental Appropriations to the
1973 Budget."
I have requested that an ordi-
nance be drawn covering these
transactions.
Gilbert D. Chavenelle
City Manager
Councilman Moldenhauer moved
that, the communication be re-
eelved and filed. Seconded by
(;ouncilman Pregler. Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
ORDINANCE NO. 7-73
An ordinance amending the budget
as approved by Ordinance No. 1.73,
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 Ordl-
nance to be read on three se-
parate days be waived. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas—Mayor Hitter, Councilmen
Justmann, Moldenhauer, Pregler.
Thorns.
Nays—None.
Councilman Moldenhauer moved
that a public hearing on the Or-
dinance by held on March 12, 1973
at 7:30 o'clock P.M. in the Council
Chamber at the City Hall and the
City Clerk be instructed to publish
notice of the hearing in the man-
ner required by law. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
Petition of Sign Service Inc. re-
questing the use of a concrete
base located at 901 Rhomberg Ave.,
half of which is resting on city
property, for the purpose of lo-
cating a sign for Lemmer Radio
& TV service, presented and read.
Councilman Moldenhauer moved
that the petition be received and
filed. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas—Mayor Bitter. Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
ORDINANCE NO. 9.73
An ordinance authorising Ralph L.
Lemmer, 901 Rhomberg Avenue
to construct an identification sign
base,
presented and read.
Councilman Moldenhauer moved
that the reading just had be con.
92 Special Session, Febniary 19, 1973
;idered the first reading of the
Ordinance. Seconded by Mayor Bit-
ter. Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer. Pregler,
Thoms.
Nays—None.
Councilman Moldenhauer moved
that the rule requiring an Ordi•
nance to be read on three se-
parate days be waived. Seconded
by Mayor Bitter. Carried by the
following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
ORDINANCE No. &73
Lerrnmer, got Ordinance
i AvenRalph L.
To Construct Identification Sign Base
BE IT ORDAINED BY THE CITY
COUNEILIO F THE CITY OF Dll-
Sectlon 1. That Ralph L. Lemmer
as owner of the premises known as
Lot 1 of Lot 15 6 Lot 1 of Lot 16
Hooper's Add. in the City of Dubuque
be, and
license hereby
y authority the
to
SigniBaseaunderatheitermsnaind
con-
ditions set forth in this Ordinance.
Section L That such construction
shall be done in accordance with
plans heretofore submitted by per-
mittees and approved by City Mana-
ger, under the supervision and di.
rection of the City Manager, and In
accordance with all applicable state
and federal laws and regulations, and
the ordinances of the City of Dubuque.
Section 3. That the permission here-
in granted is expressly conditioned on
permittees agreement to:
a) Assume any and all liability for
damages to persons or property
which may result from the ex-
istence, construction or mainten.
ance of said sign base;
b) To pay on behalf of the City of
Dubuque all sums which the City
of Dubuque shell become obli-
(lted to pay by reason of the
ability imposed upon the City
of Dubuque for damages of any
kind resulting from the existence,
construction or maintenance of
said sign base, sustained by any
Person or persons, caused by ac-
cident or otherwise, to defend at
Its own expense and on behalf
of said City any claim against
the City of Dubuque arising out
of the existence, construction or
maintenance of sign base;
c) To indemnify and hold City of
Dubuque free and harmless from
any and all claims, loss, Ilabil-
Ity and expense for Injuries to
third persons or damages to
Property of third persons, or for
dome, to any property of City
Of
Dubuque which may occur as
a result of or In connection with
the construction, maintenance and
repair of the facility, work or im
provement permitted herein.
Section 4. That the permission here.
in granted is expressly conditioned
uponpermittees further agreement
that should the right and privilege
volved granted
yathe City rescinded
Permit-
tees, or their successors In Interest,
as owners of the abutting property,
shall within thirty (30) days after
receipt of written notice from the
City Manager, so to do, at their own
expense, remove said sign base and
In the event of their failure so (o do,
the City of Dubuque shall be author-
Ixed to remove said slpn base, at per-
mittees expense and dispose of the
same, and the permlttees shall have
no claim against the City or its
agents for damages resulting from
the removal of said sign base.
Section S. This Ordinance shall be-
come effective and the rights here.
under accrue to Ralph L. Lemmer
when this Ordinance has been adopt-
ed by the City Council and the terms
and conditions thereof accepted by
Permittees by acceptance endorsed or
this Ordinance.
Passed, adopted and approved this
19th day of February, A.D., 1973.
Joseph J. Bitter
Mayor
Walter A. Preoler
Allan T. Thoms
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
ATTEST:
Leo F. Frommelt, City Clerk
ACCEPTANCE OF ORDINANCE
No. B-73
The undersigned havinq read and
being familiar with the terms antl
conditions of Ordinance No. 873 here.
by, for themselves, their successors
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 Feb. 16th, 1973
By Ralph Lemmer
Property Owner
Published officially In The Tele
graph -Herald Newspaper this 22nd
day of February 1973.
Leo F'Frommelt
City Clerk.
It. 2/22
Councilman Moldenhauer moved
final adoption of the Ordinance.
Seconded by Mayor Bitter. Car-
ried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
ORDINANCE NO. 9.73
An ordinance authorizing Dupaco
employees credit union to construct
a lighting standard on city owned
Lot 412 of East Dubuque Addition
No. 2,
presented and read.
Councilman Moldenhauer moved
that the reading just had be con.
sidered the first reading of the
Ordinance. Seconded by Mayor Bit-
ter. Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Councilman Moldenhauer moved
that the rule requiring reading of
an Ordinance on three separate
days be waived. Seconded by Ma-
yor Bitter. Carried by the follow-
ing vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
Special Session, February 19, 1973 93
ORDINANCE No. 9-73
191h day Of February, A.D., 1973.
An Ordinance Authorlring Dupaco
Joseph J. Bitter
Employees Credit Union
Mayor
To Construct a fighting standard on
Welter A. Pregler
City owned Lot 412 of East Dubuque
Allan T. Thorns
Addition No. 2
Wayne A Moldenhauer
BE IT ORDAINED BY THE CITY
C. Robert Justmann
COUNCIL OF THE CITY OF DU-
Councilmer.
ATTEST
BUOUE, IOWA:
Leo F. Frommelt, City Clerk
Section 1. Thai Dupaco Employees
ACCEPTANCE OF ORDINANCE
I
Credit Union as owners o1 the prem-
No 9.73
ices known as Lots: 408; 409; 410; S`:
411; NSY 411 of East Dubuque Addi.
The undersigned hOvinq read and
being familiar the
lion No. 2 in the the City of Dubuque
with terms and
I conditions of Ordinance No. 9.73 here.
be, and they are hereby granted the
by. for themselves, their successors
revocable license and authority 10
construct and maintain a lighting
or assigns, as owners of the abutting
property, accept the same and agree
standard on City owned Lot 412 East
to be bound by the conditions and
Dubuque Add, No. 2 under the terms
and conditions set forth in this Or-
agreements therein contained to be
performed by permittees.
dinance.
Dated February 19, 1973
Section 2. That such construction
Dupaco Employees Credit Union
shall be done in accordance with plans
By Donald R. Meyers, Pres.
heretofore submitted by permittees
By Norbert J. Nauman. Treas.
and approved by City Manager, un-
der the supervision and direction of
Published officially in The Tele -
the City Manager. and in accordance
graph -Herald Newspaper this 22nd
day of February 1973.
with all applicable state and federal
laws and regulations, and the Ordi-
Leo F. Frommelt
nances of the City of Dubuque.
City Clerk.
Section 3. That the permission here.
1t. 2/22
in ora Med Is expressly conditioned or,
Councilman Moldenhauer moved
permittees agreement to:
a) Assume any and an liability for
final adoption of the Ordinance.
damages to persons or property
which may result from the exist-
Seconded by Mayor Bitter. Car-
enee., construction or maintenance
P1ef} b the following Vote:
y g
of said lighting standard on City
owned Lot 412 of East Dubuque
yeas—Mayor Bitter, Councilmen
Addition No. 2;
Justmann, Moldenhauer, Pregler,
b) To pay on behalf of the city of
Dubuque all sums which the City
Thoms.
of Dubuque shall become obli-
gated to pay by reason of the
Nays—None.
liability Imposed upon the City
of Dubuque for damages of any
kind resulting from the existence.
Petition of Dubuque H u m a n
construction or maintenanceof
Rights Commission requesting that
g
said lighting standard on City
owned Lot 412 of East Dubuque
the week of February 19th to 26th
Addition No. 2, sustained by any
Person or persons, caused by
be proclaimed "Dubuque Black Cu -
accident or otherwise, to defend
beha-f
Mural Week" presented and read.
at its own expense and on
of said City any claim against
After Mayor Bitter announced that
y
the City of Dubuque arisinq out
of the existence, construction or
the designated week has so been
maintenance of a lighting stan-
dard On City owned Lot 412 of
proclaimed Councilman Molden-
East Dubuque. Addition No. 2;
hauer moved that the petition be
c) To Indemnify and hold City of
Dubuque tree and harmless from
received and filed. Seconded by
any and all claims, loss, liability
and expense for inluries to third
Councilman Bitter. Carried by the
persons or damages to property
following vote:
g
of third persons, or for damage
to am property of city of Du
Yeas—Mayor Bitter, Councilmen
buque which may occur as a
result of or In connection with
Justmann, Moldenhauer, Pregler,
the construction, maintenance
and repair of the facility, work
Thoms.
or Improvement permitted herein.
Nays—None.
Section 4 That the permission here-
in granted is expressly conditioned
Pc.tition of Charles Haferbecker
upon permittees further agreement
that should the right and Privilege
et al (122 signers) urging t h e
herein granted be rescinded or re-
Council to consider renovation O
voked by the City Council, permit-
n
as ownersh
the City Hall versus moving City
of thecabuffingProperty,
shall within thirty (30) days after re-
j Government to other quarters, pre-
celPt of written notice from the City
Manager, so to do, at their own ex-
i
seated and read. Councilman Mol.
Dense, remove said lighting standard
denhauer moved that the petition
on City owned Lot 412 East Dubuque
Add. No. 2 and in the event of their
I Ile received and filed and copies
failure so to do, the City of Dubuque
shall be authorized to remove said
of the petition be sent to the Coun-
lighting standard on City Lot 412 East
Dubuque
Seconded by Mayor Bitter. Car -
Add. No. 2 at permittees ex
Dense and dispose of the same, and
cil.
tied by the following vote:
the permittees shall have no claim
against the City or its agents for
Yeas—Mayor Bitter, Councilmen
damages resulting from the removal
Of said Lighting standard on City
Justmann, Moldenhauer, Pregler,
owned Lot 412 East Dubuque Add. No.
2.
'Thoms.
Section S. This Ordinanace shall be-
Nays—None.
come effective and the rip hts here-
under accrue to Dupaco Employees
Proof of Publication, certified to
Credit Union when this Ordinance
has been adODted by the City Council
by the Publisher, of notice of pub -
and the terms and conditions thereof
accepted by Perrnlltees by acceptance
lie hearing to consider the City
Lndorsed on this Ordinance.
Manager's report relative. t0 e
Passed, adopted and approved thi•
Special Session. February 19, 1973
the delapidated build
condition of
ings located on 1729 Prescott street
on Lot 592 Ham's Addn. present-
z
ed and read.
No written objections were filed
and no oral objectors were pre-
sent in the Chamber at the time
set for the public hearing.
Councilman Pregler moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
RESOLUTION NO. 47-73
WHEREAS the City Manager has
reported to :he City Council that
the buildings and premises located
on Lot 592, Hamm's Subdivision,
in the City of Dubuque, Dubuque
County, Iowa, are dangerous to
life and health because of their
condition and the demand has been
made by him upon Miss Helen
K.Dondlinger, R.R. #2, Lancaster,
Wisconsin 53813, as owner of said
property that the condition com-
plained to be corrected and that
said owner has filed to correct
the conditions within the time pro-
vided by the notice; and,
WHEREAS on January 29, 1973,
the City Council set said report
down for hearing at 7:30 P.M.
Central Standard Time February
19, 1973, in the City Council Cham-
ber in the City Hall in the City
of Dubuque, Dubuque County, Io-
wa, and directed the City Clerk
to give notice of said hearing:
and,
WHEREAS it appears by return
of service now on file in the re-
cords of the City Council that no-
tice of said hearing was given
by serving by Registered Mail on
January 31, 1973, and by publica-
tion in the Telegraph -Herald news-
paper on February 1, 1973, and,
WHEREAS pursuant to said no-
tice on order of the City Council
a public hearing was held at 7:30
o'clock P.M. Central Standard
Time on February 19, 1973, in the
City Council Chamber in the City
Hall in the City of Dubuque, Iowa,
at which time the owner of the
above described real estate was
afforded an opportunity to be heard
and witnesses concerning the con-
dition of the property and the ha-
ard was heard; and,
WHEREAS the Council has duly
considered the testimony of the
witnesses and viewed the premises
and has reached its determination.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the structures
known as 1729 Prescott Street, Lot
592, Hamm's Subdivision, in the
City of Dubuque, Dubuque County,
Iowa, be and the same are hereby
found and declared to be dangerous
to life, health and property and
a nuisance;
Section 2. That the City Manager
be and he is hereby authorized
and directed to cause the struc-
ture known as 1729 Prescott Street,
Lot 592 Hamm's Subdivision, in
the City of Dubuque, Dubuque
County, Iowa, to be dismantled
and removed.
Section 3. That upon completion
of said work, the City Manager
shall certify the cost thereof to
the City Clerk.
Section 4. That upon receipt of
said certificate of cost from the
City Manager, the City Clerk shall
thereupon certify said cost to the
County Auditor of Dubuque Coun-
ty, Iowa, and it shall be collected
with and in the same manner as
general property taxes.
Section S. That the City Clerk
be and is hereby directed to re-
cord a certified copy of this Reso-
lution in the office of the County
Recorder of Dubuque County, Io-
wa.
Passed, adopted and approved
this 19th day of February, 1973.
Joseph J. Bitter
Mayor
Walter A. Pregler
Allan T. Thorns
Wayne A. Moldenhauer
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
Special Session. February 19, 1973 95
by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregier.
Thorns.
Nays—None.
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing to consider City Mana-
ger's report on the condition of
the delapidated buildings located
on S. W .1'2 of Lot 52 N. E. i of
Lot 53 in Cooks Addn. known as
614 Lincoln Ave. owned by Ray-
mond G. & Gloria G. McDonald
Mr. Ray McDonald addressed the
Council relative to his building at
614 Lincoln Ave. by requesting ad-
ditional time to take care of the
problem. He has not yet heard
from his insurance company in
settlement of fire damage which
happened some two months ago,
to the building. Councilman Preg-
ler moved that the proof of pub-
lication be received and filed. Se-
conded by Councilman Justmann.
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thorns.
Nays—None.
Mr. Paul Zimmerman of the
building Department stated that.
this particular piece of property
owned by Mr. McDonald has been
a problem since August 1971 when
Mr. McDonald was first notified
of the delapidated condition.
RESOLUTION NO. 48.73
WILEREAS the City Manager hs
reported W the City Council that
the buildings and premises located
on the S.W.1A1 of Lot 52, Cook's
Addition, N.E.VA of Lot 53, Cook's
Addition, in the City of Dubuque,
Dubuque County, Iowa, are dan-
gerous to life and health because
of their condition and that demand
has been made by him upon Ray-
mond G. McDonald, Jr., 632 Neva-
da Street, Dubuque, Iowa 52001,
as owner of said property that
the condition complained of be cor-
rected and that said owner has
failed to correct conditions within
the time provided by the notice;
and,
WHEREAS on January 29, 1973,
the City Council set said report
down for hearing; at 7:30 o'clock
P.M. Central Standard Time Feb-
ruary 19, 1973, in the City Council
Chamber in the City Hall in the
City of Dubuque, Dubuque County,
I)wa, and directed the City Clerk
to give notice of said hearing;
and,
WHEREAS it appears by return
of service now on file in the re-
cords of the City Council that no-
tice of said hearing was given
by serving by Registered Mail on
January 31, 1973, and by publica.
tion in the Telegraph -Herald news-
paper on February 1, 1973, and,
WHEREAS pursuant to said no-
tice on order of the City Council
a public hearing was held at 7:30
o'clock P.M. Central Standard
Time on February 19, 1973, in the
City Council Chamber in the City
Ilall in the City of Dubuque, Iowa,
at which time the owner of the
above described real estate was
afforded an opportunity to be heard
and witnesses concerning the con-
dition of the property and the ha-
zard was heard; and,
WHEREAS the Council has duly
considered the testimony of the
witnesses and viewed the premises
and has reached its determination.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL.
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the structures
known as 614 Lincoln Avenue S.W.
t-, of Lot 52, Cook's Addition, N.E.
vs of Lot 53, Cook's Addition, in
the City of Dubuque, Dubuque
County, Iowa, be and the same
are hereby found and declared to
be dangerous to life, health and
property and a nuisance;
Section 2. That the City Manager
be and he is hereby authorized
and directed to cause the structure
known as 614 Lincoln Avenue, S.W.
of Lot 52, Cook's Addition, N.E.
of I.ot 53, Cook's Addition, in
the City of Dubuque, Dubuque
County, Iowa, to be dismantled
and removed.
Section 3. That upon completion
of said work, the City Manager
,hall certify the cost thereof to
the City Clerk.
Section 4. That upon receipt of
said certificate of cost from the
City Manager, the City Clerk shall
thereupon certify said cost to the
County Auditor of Dubuque County,
Iowa, and it shall be collected
96 Special Session, February 19, 1973
with and in the same manner as
general property taxes.
Section S. That the City Clerk
be and is hereby directed to re-
cord a certified copy of this Re-
solution in the office of the County
Recorder of Dubuque County, Io-
wa.
Passed, adopted and approved
this 79th day of February, 1973.
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 Justmann. Carried
by the following vote:
Yeas — Councilmen Justmann,
Moldenhauer, Pregler, Thoms.
Nays — None.
Abstained — Mayor Bitter.
may be the organization in which
citizens participate; that the pro-
posed committee is single project
purpose and must study that pro-
ject in relation to the total trans-
portation plan; and that these fac-
tors indicate a "get start" with
the possibility of change in future
months.
After all, this was how the Du-
buque Area Transportation Com-
mittee was organized.
Gilbert D. Chavenelle
City Manager
February 15, 1973
To the Honorable Mayor
and City Council
This letter is about the proposal
for a Citizens Freeway Study Com-
mittee.
I have discussed the proposal
with Mr. Dittemore and Mr. Russo.
My own suggestion is, that if
the Council wishes to establish a
committee, it should do so with
the understanding that the organi-
zation and selection may be chang-
ed in the coming months.
Mr. Dittemore has given me co-
pies of notations of federal and
state proposals which indicate the
extension of citizen participation
in both transportation planning and
highway projects, lie also has do-
cumented the fact that there is
a Dubuque Area Transportation
Committee constituted by formal
action and agreement, whose mem-
bers are federal, state, county and
city elected and appointed officials,
organized for the purpose of guid-
ing, developing, approving and
publicizing transportation plans for
this area.
It should be noted that citizen
participation is part of both trans-
portation planning and projects;
that guidelines are being set for
its organization and use; that the
present transportation committee
Councilman Pregler moved that
the communication be received and
filed and referred to the Council.
Seconded by Councilman Thoms.
Carried by the following vote:
Yeas—Mayor Bitter, Councilmen
Justmann, Moldenhauer, Pregler,
Thoms.
Nays—None.
RESOLUTION NO. 49-73
WHEREAS the City of Dubuque
has for some time been studying
various aspects of a certain North-
South Freeway which has been
proposed for construction through
the City of Dubuque; and
WHEREAS the planning, placing,
and construction of said freeway
will be a monumental event of
unprecedented, social, historic, and
economic significance for the City
of Dubuque; and
WHEREAS the Dubuque C it y
Council as the legislative branch
of City Government has the res-
ponsibility for the approval of said
freeway and the location thereof;
and
WHEREAS it is deemed to be
in the best interest of the City
and its citizens that the entire
citizenry be involved as actively
as is practicable in the various
stages of the design and location
of said freeway;
NOW THEREFORE, it is hereby
resolved as follows:
1. A Citizens Freeway Study
Committee consisting of nine (9)
members, more or less, shall be
appointed by the Mayor of the
City of Dubuque with concurrence
by a majority of the City Coun-
cil;
2. Said Committee shall exercise
such functions and duties as shall