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1972 February Council Proceedings 62 Special Session, January 31, 1972 Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays-None. Rev. Thomas Rhomherg stressed the need for the Ecumenical proj- ect. Over eight thousand people are 62 years of age or over and many with low income. Those with $1500. per year income should not spend more than $31.50 per month rent. We could meet the material, social and spiritual needs of the people. Section 23 is not geared to meet these needs. One Hundred sixty five people could be taken care of which is only the begin- ning. It would be good use of the property. Attorney AI Hughes stated the potential bidder should be allowed to huy the property from the City. Ecumenical Housing Inc. is a non- profit organization and would pay its fair share of taxes. The build. ing would cost $1,413,444 and it could be started within one hundred days. The rent would be paid on a basis of 30%- from ten- ants and 70% from the Govern. ment. Communication of Erma M. Kidd & Ruby Pappas being in favor of the Ecumenical Housing project for the elderly, presented and read. Mayor Moldenhauer moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the followin,g vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. NaYS-None. Regular Session, February 7, 1972 At 12:00 P.M. the Council re- convened in regular session with the announcement that Urban fie. newaJ land transactions were dIs. cussed. There being no further business Councilman Bitter moved to ad. journ. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Juslmann, Preg- ler, Thoms. Nays - None. Leo F. Frommelt Clt:r Clerk CITY COUNCIL OFFICIAL ¡Regular Session, February 7, T977; . Council mat at 7:30 P.M. (C.5.T.) Present - Mayor Moldenhauer, Couniclmen Bitter, Justmann, Preg. ler, Thoms. 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 CON- DUCTING A PUBLIC HEARING INVITING PROPOSALS FOR THE PURCHASE AND REDEVELOP- MENT OF PROPERTY IN THE URBAN RENEWAL AREA AT 6TH AND LOCUST FOR USE AS COMMERCIAL AND/OR MULTI. PLE FAMILY RESIDENCE and acting upon such other business as may properly come before a regu- lar meeting of the Council. Proof of Publication, certified to by the Publisher, of Invitation for Proposals for the purchase and re- development of property in the Downtown Urban Renewal area, lo- cated on the southeast corner of Sixth and Locust for Commercial and/or Multiple Family Residences, presented and read. Councilman Pregler moved that the proof of publication be received and flied. Seconded by Councilman Bitter. I Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Approved ....................................1972 Adopted ......................................1972 .............................................,.............. ............................................................ ............................................................ ............................................................ ............................................................ Councilmen Attest """"""ëiï;:"ëi;;t"""""""""" Proposal of Ecumenical Housing Inc. to purchase a parcel of Urban Renewal property described as Re- use 8-9, located at 6th & Locust, together with supporting documen- tation, in order to construct an eight story apartment building under Section 221 (d) (3) of MUD act of 1968, 12,540 square feet, at $4.09, total price $51,288, presented and read. Councilman Pregler moved that the proposal be received and flied and the rules be suspended and I the proposer be allowed to make formai presentation to the Council. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Communication of Dubuque Ad- visory COmmission submitting a resolution in support of Ecumeni- cal Housing and encouraging the Council to do likewise, and also advising Council to instruct the Low-Rent Housing Commission to continue their efforts to develop Title No. 23 for rent supplement for the elderly, presented and read. Mayor Moldenhauer moved that the communication be received and flied. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. NaYS-None. 63 requesting approval on the project for the elderly, presented and read. Mayor Moldenhauer moved that the communication be re- ceived and filed. Seconded by Councilman Thoms. Carried.. by the following vote: :"" Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None. Communication of Dub u que Council of Churches Social Action Commission in support of the Ecu- menical Housing project, also stating that 110 unit would only partially fill overwhelming need for low rent housing, presented and read. Mayor Moldenhauer moved that the communication be received and flied. Seconded by Councilman Tboms. carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. Nays-None. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus tm ann, Pregler, Thoms. Nays-None. Communication of Dub u que Homeowners and Landlords Ass'n. submitting a copy of letter sent to the Dubuque Advisory Commission that was treated lightly, asking for an investigation into Mr. Witten. berg's past performance of duty, presented and read. Councilman Bitter moved that the communIca. C 'cat. f Re Thomas tion be referred to the first meet- ~mmuDl IOn 0 . v. ing in March. Seconded by Coun- F. 0 Meara D.P. expre~sIDg support cilman Pregler. Carried by th fol- for Ecumemc~l. Hous~g Inc. and lowin vote: e requesting POSItIve action, present- g ed and read. Mayor Moldenhauer Yea~ - ~ayor Moldenhauer, moved that the communication be Councilmen Bitter, Jus t man n , received and filed. Seconded by Pregler, Thoms. Councilman Thoms. Carried by Nays-None. the following vote: Communication of Dub u que Yeas - Mayor Moldenhauer Board of Realtors submitting a Councilmen Bitter, Jus t man n, resolution passed by their body Pregler, Thoms. recommending that the request Nays-None. made by Ecumenical Housing Inc. to purchase land at the southeast Petition of Robert L. Spaight et Corner of 6th & Locust Street be al (170 signatures) supporting denied and further to forthwith 100% rent supplement housing proceed to effectively secure par- project for the elderly in the ticipation in programs, existing Downtown area sponsored by Ecu- and planned, which will utilize menical Housing due to high per- existing structures and accomplish centage of elderly in the City, dif- those objectives outlined in their ficulty of locating decent, safe and resolution including the maximum sanitary housing at rentals within possible participation of free and the financial means of low and I private enterprise, presented and moderate income elderly, present. read. Mayor Moldenhauer moved ed and read. Mayor Moldenhauer that the communication be re- moved that the communication be ceived and filed. Seconded by received and flied. Seconded by , Councilman Thoms. Carried by the Councilman Thoms. Carried by the following vote: following vote: Yeas - Mayor Moldenhauer, Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Councilmen Bitter, Jus t man n , Pregler, Thoms. Pregler, Thoms. Nays-None. Nays-None. 64 Special Session, February 7, 1972 Special Session, February 7, 1972 Communieation of Dubuque Ad- visory Commission submitting a resolution that the Henkel letter be referred to the Low-Rent Housing Commission duly indica- ting that the Commission have dis- cussed the matter with Mr. Gent Wittenberg, presented and read. Councilman Bitter moved that the communication be referred to the first meeting in March. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. Nays-None. Communication of League of Women Voters endorsing the con- cept of construction of Federal Subsidized housing for the elderly in the Urban Renewal Area, pre- sented and read. Mayor Molden- hauer moved that the communica- tion be received and filed. Sec. onded by Councilman Thoms. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Just man n, Pregler, Thoms. Nays-None. Communication of Rev. John Wenker, of Holy Trinity Parish, voicing his support for the Ecu- menical Housing proposal, pre- sented and read. Mayor Moldenhau- er moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. Nays-None. Communication of Dubuque Area Project Concern for the Elderly & Retired Inc. endorsing proposal of Ecumenical Housing Inc. to con. struct apartment complex at 6th & Locust for the elderly, presented and read. Mayor Moldenhauer moved that the communication be received and field. Seconded by Councilman Thoms. Carried by the following vote: Yea s - Mayor Moldenhauer, Councilmen Bitter, Jus t man n , Pregler, Thoms. Nays-None. Communication of Dubuque Area Citizens Council on Community Re- lations voicing strong support and ciency apartments for elderly people and if agreement could be reached would consider leasing apartment to the City for the elderly, presented and read. May. or Moldenhauer moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication of James F. Connelly, owner of five rental units renting from $85 to $110, wants no subsidy, should set greed aside and see that the elderly get a decent place to live in, thinks proposed ecumenical project is a good place to live, presented and read. Mayor Moldenhauer moved that the communication be re- ceived and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None. Communication of Susan J. Soley urging the Council to vote in favor of the proposed Ecumeni. cal Housing project, presented and read. Mayor Moldenhauer moved that the communication be re- ceived and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Ju s tm ann, Pregler, Thoms. Nays-None. Communication of Dub u que Homeowners and Landlords Assn. dated January 25, 1972 requesting an investigation into the actions of Gent Wittenberg in regard to his failure to apply for leased housing funds from MUD that be. cause of his slowness the low. income families and elderly have missed out on necessary rent sub- sidies, presented and read. Mayor Moldenhauer moved that the com- munication be received and filed. Seconded by Councilman Thoms. Communication of W. M. Gotz of 2043 Main St. being opposed to the Ecumenical Housing project and the Council establishing a tax sup- ported business in direct competi- tion to taxpayers, presented and read. Mayor Moldenhauer moved that the communication be re- ceived and filed. Seconded by Councilman Thoms. Carried by the fOllowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n , Pregler, Thoms. Nays-None. Communication of A & 0 Cor- poration supporting the City's ap- plication for Federal Assistance under Section 23 and they are in stages of completion of eight effi- 65 Councilmen Bitter, Jus t man n , Pregler, Thoms. Nays-None. Communication of David E. Bi- senius et ux of 1203 Grove Terrace objecting to proposed high rise in prime Urban Renewal area as be- ing unfair to local landlords and taxpayers and issuing a challenge to the supporters of the project to match their contributions and to support a local subsidy program with voluntary time and money in- stead of verbal generosities and pious platitudes, presented and read. Mayor Moldenhauer moved that the communication be re- ceived and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n , Pregler, Thoms. Nays-None. Communication of Allen E. Stoltz stating that it would be a sad mistake to change the Victor Gruen plan for Downtown Du- buque and suggesting that the high rise be bnilt in some other Du- buque area, more snitable plan- ning wise, and not endangering the orderly development of Du- buque' business core, presented and read. Mayor Moldenhauer moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. Nays-None. Carl V. Riley, Grace Ryan, Ruth Michel, Carl Fay, Jim Platt, Agatha Funke, Catherine Urbain, Edna Thompson, Rev. Anthony Sigwarth, Rev. Odden, O. Carlson, Audrey Mortenson, Eldon Herrig, John Ewarts spoke in favor of the Ecu- menical high rise project. Chester Orton was in favor of Section 23. Councilman Jushnann move1 to re-impose the rules. MOTION DIED FOR LACK OF A SECOND. Mr. Paul Allen spoke in favor of the project along with Edw. Shep- pley, Walter Clark and Pat Dillon. Mrs. Wurster objected due to the Federal Government subsidy idea. Councilman Thoms moved to re- impose the rules. Seconded by Communication of Dub u que County Historical Society to clari- fy a recent statement published in the Telegraph Herald of January 16, 1972 and as a result is on rec- ord "that we encourage the use of the Dubuque City Hall for munici- pal purposes as long as it is func- tional and efficient" and "that they encourage the City Council in any renovation of the present City Hall to respect the architec- tural consistency of the structure (particularly the exterior of the building)," presented and read, Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Ju stm an n, Pregler, Thoms. I Nays-None. Communication of Dubuque Mu- sicians Protective Ass'n relative to consideration for additional co- sponsorship for past and future performances for Dubuque citizens (forward from meeting of January 3rd), presented and read. Mr. Irv Behr head of the musician's group addressed the Council relative to an increase for the coming season. Councilman Pregler moved that the Manager be instructed to pre- pare papers to amend tbe budget 66 Special Session, February 7, 1972 Special Session, February 7, 1972 f17 Communication of Tom Dougher- ty of 2620 Chaney Road being op- posed to Ecumenical Housing proj- I ect by stating that the taxpayers have to pay for the Urban Renewal land and they have a right to de- mand that it be sold to a business that will return tax dollars to the City, presented and read. Mayor Moldenhauer moved that the com. munication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Ju s t man n, Pregler, Thoms. Nays-None. Communication of Mrs. Tom Dougherty of 2620 Chaney Road objecting to Ecumenical Housing project for the elderly due to tax exempt status of the tax base which affects all taxpayers and the real poor will not be helped, presented and read. Mayor Molden- ~~~e\:o;"~i~~~t :~ c~:;:u~~~: I onded by Councilman Thoms. Car. ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Ju s t man n, Pregler, Thoms. Nays-None. Communication of W. H. Porter et ux of 514 Fenelon Place object. ing to the proposed low income high rise apartment building in the Urban Renewal area due to the tax base feature and requesting the Council not endorse this and future low income complexes which will be a burden to the tax- payer, presented and read. Mayor Moldenhauer 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. Communication of A. L. Weitz requesting permission to speak on Ecumenical Housing proposal at the Council meeting of February 7, 1972, presented and read. Mayor Moldenhauer moved that the com- munication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilman Justmann. Carried by the following vote: Yeas-Councilmen Bitter, Just- mann, Thoms. Nays - Mayor Moldenhauer, Councilman Pregler. RESOUTION NO. 45.72 DECLARING INTENT TO SELL A PORTION OF THE DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 TO ECUMENICAL HOUSING INCORPORATED, presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Thoms. Roll call on the motion was as follows: Yeas - Councilman Pregler, Thoms. Nays - Mayor Moldenhauer, Councilmen Bitter, Justmann. MOTION FAILED. THE COUNCIL RECESSED AT 11:06 P.M. RECONVENED AT 11:15 P.M. to cover cost up to $1600. Second- ed by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Justmann, Pregler. Nays - Councilmen Bitter, Thoms. Communication of Snomad Ski Club requesting permission to dis- cuss the feasibility of extending the water line past the ski area on 32nd Street, presented and read. Councilman Bitter moved that the commuuication be referred to the Council meeting of February 14th. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, J u stm ann, Pregler, Thoms. Nays-None. Mayor Moldenhauer submitting his weekly report to the Council under date of February 6, 1972, presented and read. Councilman Bitter moved that the communica- tion be received and filed. Second- ed by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Ju s t man n, Pregler, Thoms. Nays-None. February 1, 1972 To the Honorable Mayor and City Council, This is to advise that I have ap- proved the following policies and bonds, and desire to have your ap. proval on same. OFFICIAL BOND Dominic W. Goodmann, Hartford Accident and Indemnity Co. UMBRELLA POLICY Black and White, Yellow and Checkered Cab Company, St. Paul Fire and Marine Insurance Co. COMPREHENSIVE LIABILITY Dubuque Plumbing and Heating Co. A Division of Geiger & Co., Bituminous Casualty Corporation. SIDEWALK BOND Gilbert Roling, Merchants Mutual Bonding Company. RespectfUlly, Gilbert D. Chavenelle CIty Manager Councilman Bitter moved ap- proval for filing of bonds and The following named applicant has passed both the written and phYsical examination and is hereby certified for appointment to the Fire Department. Beecher, DeWayne W. 83% Respectfully submitted, LeRoy H. Giles Chairman Gerard B. Noonan Louis F. Fautsch Civil Service Commission 68 Special Session, February 7, 1972 policy. Subject to approval of the City Attorney. Seconded by Mayor Moldenhauer. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councthnen Bitter, Jus t man n, Pregler, Thoms. Nays-None. January 28, 1972 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a public hearing on a proposal to amend Article IV, Section 2(h) of the Zoning Ordinance to include Lot 5 of the subdivision of Lot 3 of Block 4 in Westchester Subdivision, in the city of Dubuque, Iowa. This property is located at 2105 John F. Kennedy Road. It was the opinion of the Com- mission that because of existing development in the area that the previous recommendation to deny the request was no longer valid, and that professional office use of this property would be in keeping with the existing development. It is the recommendation of the Planning and Zoning Commission that the request, as described, be approved. Respectfully submitted, City Planning and Zoning Commission Don Gilson City Planner Councthnan Bitter moved that the recommendation be referred for proper proceedings. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. Nays-None. February 3, 1972 Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1971 Code of Iowa, as amended, the Civil Service Commission con- ducted entrance examination on November 22, 1971, for applicants seeking positions on the Fire De- partment. Attest: Leo F. Frommelt Clerk. Subscribed and sworn to before me this 4th day of February 1972. Eugene J. Berens Notary Public Councilman Bitter moved that the communication be received and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. Nays-None. Notice of Claim of Raymond Harkey, in the amount of $250., for car damage incurred as the result of driving on a patch of ice in the turn on Kaufmann Avenue allegedly caused by a leaking wa- ter hYdrant on January 16, 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, Jus t man n, Pregler, Thoms. Nays-None. RESOLUTION NO. 46-72 BE IT RESOLVED by the City Council of the CIty of Dubuque, Iowa, that the following having compiled with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. H. & S. 76 Service, 9th & Central Avenue. BE IT FURTHER RESOLVED that the bonds filed with the appli. cation be approved. Special Session, February 7, 1972 Passed, adopted and approved Pregler, Thoms. this 7th day of February, 1972. Nays-None. Wayne A. Moldenhauer RESOLUTION NO. 48-72 W:::';;'o~. Pregler ~, apPIi~tions for Allan T. Thoms Beer. permits were flied by the C. Robert Justmann WIthin named apphcants and they Joseph ~. Bitter ~~~~~~ce~~~d the approval of this Attest: CounCilmen WH:EÍŒAS, the pre~ses to be Leo F. Frommelt ?CCupied by such applicants Were City Clerk Inspected an~ found to comply WIth the ordmances of this CIty Councthnan Bitter moved adop. and they have filed proper bonds; tion of the resolution. Seconded by NOW THEREFORE BE IT RE- Councilman Justmann. Carried by SOLVED by the City Council of the fOllowing vote: the City of Dubuque, Iowa, that Yeas - Mayor Moldenhauer, the Man~ger by authorized to cause Councilmen Bitter, Jus t man n, to be iSsued to the fOllowing Pregler Thoms. named applicants a Beer Permit. Nays-None. CLASS "B" BEER PERMIT Mrs. Adele M. Fens, 210 West 1st Street Kenneth Jerome Love, 802 Central Avenue CLASS "C" BEER PERMIT Thompson's Food Markets, Inc., 51 West 32nd Street Thompson's Food Markets, Inc., 805 West 5th Street National Tea Company, Kennedy Mall BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 7th day of February, 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 Justmann. Carried by the fOllowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus tm ann, Pregler, Thoms. Nays-None. RESOLUTION NO. 4\1.72 WHEREAs, applications for Liquor permits 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 RESOLUTION NO. 47-72 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 licenses issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Mrs. Adele M. Fens, 210 West 1st I Street Kenneth Jerome Love, 802 Central Avenue CLASS "C" BEER PERMIT Thompson's Food Markets, Inc., 51 West 32nd Street Thompson's Food Markets, Inc., 805 West 5th Street National Tea Company, Kennedy Mall Passed, adopted and approved this 7th day of February, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Jushnann Joseph J. Bitter Councthnen 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, 69 Special Session, February 7, 1972 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 Bitter, Jus t man n, Pregler, Thoms. Nays-None. The new Zoning Ordinance and Zoning Map was presented to the Council. Councilman Pregler moved that the Zoning Ordinance and Zoning Map be received and filed and referred to the Council. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, 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 Bitt e r, Justmann, Pregler, Thoms. Nays-None. Leo F. Frommelt City Clerk 70 following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123-as amended by the 64th General Assembly, 1971. CLASS "C" COMMERCIAL BEER & LIQUOR LICENSE John E. Noel, 2400 Central Avenue William P. Fransen, 1900 Washing- ton Street Passed, adopted and approved this 7th day of February, 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 Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n , Pregler, Thoms. Nays-None. RESOLUTION NO. S0-72 WHEREAS, applications for Liquor permits 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 ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor permit. CLASS "C" COMMERCIAL BEER & LIQUOR LICENSE John E. Noel, 2400 Central Avenue William P. Fransen, 1900 Washing- ton Street Passed, adopted and approved this 7th day of February, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms Approved ....................................1972 Adopted ......................................1972 .......................................................... Councilmen Attest: """ëiïÿ"ëï~~k:"""""""""""" Special Session, February 14, 1972 CITY COUNCIL OFFICIAL Special Session, February 14, 1972. Council met at 7:30 P.M. (C.s.T.) PntHnt - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler. City Manager Gilbert D. Chavenelle. Absent - Councilman Thoms. (Out of City). Mayor Moldenhauer read the call and stated that service there-. of had been duly made and this meeting is called for the purpose of acting Upon a resolution eutho- rizing the sale, issuance, and de- livery of project not.. in the ag- gregate .. principal.. amount.. of $1,588,000. And the execution of Requisition Agreement No. 1-72, and acting upon such other busi- ness as may properly come before a regnlar meeting of the City Council. CO!UDlunication of Rev. John Wenker, O.F.M. of Holy Trinity Parish expressing curiosity as to the reasoning for the negative votes as recorded at the last meet. ing in defeat of tbe Ecumenical Housing project, 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 Bit t e r, Justmann, Pregler. Absent-Councilman Thoms. Communication of Mayor Mol- denhauer submitting his weekly Mayors report dated February 13th, presented for filing. 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 Bitt e r, Justroann, Pregler. Nays-None. Absent-Councilman Thoms. February 7, 1972 To the Honorable Mayor and CIty Council A request has been made for a I street light at the intersection of Valentine Drive and June Drive. The area has been inspected and it is recommended that a 175 watt mercury vapor light be installed at this location. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Moldenhauer, Coun- cilmen Bitter, Justmann, Pregler. Nays-None. Absent-Councilman Thoms. February I, 1972 To the Honorable Mayor and City Council I herewith submit the report of the City Water Department for the month of December 1971. Respectfully submitted, Gilbert D. Chavenelle CIty Manager Councilman Pregler moved that the report be received and filed. Seconded by Councilman Justmann. Carried by the following vote: YeSS-Mayor Moldenhauer, Coun- cilmen Bitter, Justmann, Pregler. Nays-None. Absent-Councilman Thoms. Proof of Puhlication, certified to by the Publisher, of Statement of Receipts and Disbursements and list of claims for December 1971, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman JUstmann. Carried by tbe follOwing vote: YeSS-Mayor Moldenhauer, Coun- cilmen Bitter, Justmann, Pregler. Nays-None. Absent-councilman Thoms. Notice of claim of Violet E. Strand, in an undetermined amount, for personal Injuries received in a fall on an icy sidewalk at 997 Locust Street on January 20, 1972, presented and read. Councilman Bitter moved that the notice of claim be referred to the CIty So. liicitor for proper procedure. Sec- onded by Mayor Moldenhauer. Car- ried by the fOllowing vote: Yeas-Mayor Moldenhauer, Coun- cilman Bitter, Justmann, Pregler. Nays-None. Absent-Councliman Thoms. 71 ing the arrest by peace officers from other jurisdictions and the plaintiffs further claim against the City of Dubuque, Iowa that the City of Dubuque was negligent in failing to adequately train and in- struct members of the Police De- partment in the use of firearms, in failing to adequately train the members of the Police Department in the duties of a peace officer in adjacent state and in using un- justified and unnecessary and ex- cessive force in attempting to make an arrest under the circum- stances. When this notice with petition attached was referred to the City Attorney, who thereupon the same to the carrier for the CIty of Du. buque, and thereafter the said Hartford Insurance Company, the CIty's carrier, notified all parties concerned, on or about July 1, 1971 that there was a serious policy question in view of the fact that the insurance covered negligence of the City and its officers, agents and employees, whereas, in fact, the gravaman of the offense al. legedly committed as stated in the petition was an intentional act, that is, the intentional act by the particular police officer intending to shoot and hit Ronald Ingles and the insurance did not afford cov- erage for intentional acts, but that at any rate the company would proceed to defend the case and it did so together with the City Attorney who has participated in all of the proceedings thronghout the course of this matter. February 11, 1972, the Honorable Thomas H. Nelson, Judge of the District Court in and for Dubuque County, Iowa entered a judgment and decree in response to the de- fendants' motion for summary judgment that the case was dis- missed as to defendants, Cletus J. Golinvaux and Roger O'Brien, but that the action against the City of Dubuque as to the alleged grounds of negligence was overruled and the case stands ready for trial at a date to be fixed. That the City Attorney's office receive a communication from the law firm of Lane & Waterman, at- torneys for the Hartford Insurance Group, advising that there has been an offer of settlement made 72 Special Session, February 14, 1972 Notice of Claim of Laurine Danglemeyer, in the amount of $90.64, for property damage incur- red as the result of water gushing into a building at 2396 Central Ave. in the course of fighting a fire across the street, damaging the I foundation wall by loosening up the mortar, on January 24th-25th, 1972, presented and read. Councilman Bitter moved that the notice of claim be referred to the CIty Solicitor for proper pro- cedure. Seconded by Mayor Mol- denhauer. Carried by the follow- ing vote: Yeas-Mayor Moldenhauer, Coun- cilman Bitter, Justmann, Pregler. Nays-None. Absent-Councilman Thoms. February 14, 1972 Honorable Mayor & City Council On April 3, 1971, notice of suit together with petition attached wherein Ronald Ingles, a minor, by Agnes Ingles, his mother and next friend, and Agnes Ingles, individ- ually, as plaintiffs commenced an action against Cletus J. Golinvaux and Roger O'Brien, as defendants, in which petition, brought in two divisions, the first of which the plaintiff, Ingles, demanded dam- ages in the amount of $25,000.00 and the second division thereof is by action claimed by his mother in the amount of $5,000.00. This action arises out of an in- cident occurring on or about the 10th day of July, 1970 in which the plaintiff, Ingles, while operat- ing a stolen vehicle was chased by Officers Golinvaux and O'Brien from the City of Dubuque across the East Dubuque Bridge and where he was apprehended in East Dubuque after suffering a gunshot wound from a weapon fired by Officer Golinvaux. The complaint against the two officers is premised on the fact that the use of force involved was an unreasonable use of force under the circumstances and was likely to, and did in fact, cause great bodily harm to the plaintiff, Rod- ney Ingles, in violation and in contravention of the Statutes of the State of Iowa governing pease officers' use of force in making arrest, force likely to cause death or great bodily harm, and govern- Special Session, February 14, 1972 in the amount of $3,000.00 and with a request to have the City contribute the sum of $1,000.00 thereto. It was the position that contri- bute the sum of $1,000.00 to the settlement of said action but that the contribution of the City of Du- buque be limited to the said sum and made payahle to the Mercy Hospital and the Medical Associ- ates and Alfred Hughes, their at- torney, it being the intention of the City that under no circum- stances will any portion or Part of the settlement amount go to I the plaintiff Rodney Leroy Ingles, but that amount conrtibuted go and help defray the exposure by Mercy Hospital and the Medical Associates in exchange for releases from the said Rodney Leroy Ingles, the said Mercy Hospital and the Medical Associates. Accordingly, it is the recom- mendation of the City Attorney that tbe offer of settlement in the amount of $1,000.00 be accepted, that the City Auditor be instructed to draw a warrant in the amount I of $1,000.00 payable to Mercy Hos- pital, to Medical Associates and to Alfred Hughes, their attorney, and transmit same to the City Attorney for delivery upon receipt of duly releases, dismissals with prejudice by the plaintiff in this action. Original petition is returned herewith together with copy of medical bills. Respectfully submitted, R. N. Russo, City Attorney I Councilman Pregler moved ap- proval of tbe recommendation. Sec- onded by Councilman Justmann Carried by the fOllowing vote: Yeas-Mayor Moldenhauer, Coun- cilmen Bitter, Justmann, Pregler. Nays-None. Absent-Councilman Thoms. February 14, 1972 Honorable Mayor & City Council On January 24, 1972, St. Regis I Paper Company filed claim against the City of Dubuque in the amount of $447.88 claiming damages as the result of a clogged sewer line claiming that this is the third time that they have had this problem and that all three times it had been some material, that is to say, the material clogging the sewer appears to be a grease of some nature. Said claims arose out of an in- cident allegedely OCCurring on Oc- tober 9, 1971. This matter was referred to the City Attorney, who referred the same to the appropriate City Agency who was in consultation with the City Attorneys office re- garding the timeliness of the filing of said claim. In view of the fact, that said claim has not been timely filed the carrier rejected said claim due to the fact that it was not filed within the time required by the statute for causing of notice of claim to be given to the municipal- ity. Respectfully submitted, R. N. Russo, CIty Attorney Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Just- mann. Carried by the following vote: Yeas-Mayor Moldenhauer, Coun- cilmen Bitter, Justmann, Pregler. Nays-None. Absent-Councilman Thoms. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to amend the current budget adopted October 26, 1971, by increasing expenditures in var- ious funds, 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 receiv- ed and filed. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas-Mayor Moldenhauer, Coun- cilmen Bitter, Justmann, Pregler. Nays-None. Absent-Councilman Thoms. ORDINANCE NO. 5-72 AN ORDINANCE AMENDING THE BUDGET AS APPROVED BY ORDINANCE NO. 1-72, said Ordi- nance having been previously pre- sented and read at the Council meeting of January 31, 1972, pre- sented for Final Adoption. 73 ORDINANCE NO. 5-72 An Ordinance amending the bud- pi as approved by Ordinance 1-71. Whereas, it is necessary to amend the current budget to prc>vide appropriations to com- plete prior yeers projects and improvements. Now, theref<>Te, be it ordained by the City Council of the City of Dubuque, I<>wa: That the unexpended cash bal- ances on hand at the close of the preceding fiscal year and revenues not approved by Ordinance 1-72. are hereby allocated and appropri- ated for payment of necessary ex- penditures of city government in the following funds and amounts; and to that end the appropriations of funds are hereby authorized to wit: INCREASED FUND APPROPRIATION General.... ..................$ 20,868.00 Street ............................ 16,568.00 Public Safety.............. 8,065.00 Sanitation ........ .......... 63,010.00 Municipal Enterprise.. 11,250.00 Recreation .................. 22,500.00 Utilities ........................ 1,033,522.00 Sewer Rental.............. 199,059.00 Street Road Use Tax 568,271.00 Total Increased Appropriations ............$1,944,113.00 Passed, adopted and approved this 14th day of February, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler C. Robert Jushnann Joseph J. Bitter Councilmen Attest:Leo F. Frommelt City Clerk Published officially in The Tele- graph-Herald Newspaper this 17th day of February 1972. Leo F. Frommelt City Clerk Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Mayor Moldenhauer. Car- ried by the following vote: Yeas-Mayor Moldenhauer, Coun- cilmen Bitter, Justmann, Pregler. Nays-None. Absent-Councilman Thoms ORDINANCE NO. 6-72 An Ordinance amending Ordi- nance No. 3-34 known as the Zoning Map and Zoning Ordi. Special Session, February 14, 1972 nance 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, rea~ tor, insurance, musician, or simi- lar professions may be permitted, (Westchester-Dorweiler property) presented and read. Mayor Moldenhauer moved that the reading just had be considered the first reading of the Ordinance. Seconded hy Councilman Bitter Carried by the following vote: Yeas-Mayor Moldenhauer, Coun- cilmen Bitter, Justmann, Pregler. Nays-None. Absent-Councilman Thoms. Mayor Moldenhauer moved that the rule requiring an Ordinance to be read on three separate days he waived. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Moldenhauer, Coun- cilman Bitter, Justmann, Pregler. Nays-None. Absent-Councilman Thoms. Mayor Moldenhauer moved that a public hearing he held on the Ordinance on March 6, 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. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas-Mayor Moldenhauer, Coun- cilman Bitter, Justmann, Pregler. Nays-None. Absent-Councilman Thoms. ORDINANCE NO. 7-72 An Ordinance to provide for the comprehensive zoning of the City of Dubuque and to regulato and restrict the location and use of buildings structures, and land for trade, Industry, residence or other purposes: to regulate and restrict the height of buildings hereafter erected or altered: to regulate and determine the area of yards and other open spac.. around buildings: to regulate and determine the density of use of land and lot areas and for that purpose to divide the City Into districts: to provide for a Board of Adjustment and the orderly enforcement of the regu- lations hereof: to provide penal- 74 _---..special Session, February 14, 1972 ties for the violation of the pro- priated to this project if and when visions hereof: repealing all 0.. the main line is extended in 32nd dinances or parts of ordinances street, in conflict h...ewlth: end desig- Petition of V.F.W. requesting neting this ordinance as "The permission to eonduct their annual Zoning Ordinance of the City of buddy POppy day sale May 19th Dubuque." and 20th, presented and read. presented and read. Councilman Pregler moved op. Councilman Pregler moved that proval of the petition and same he the reading just had he considered referred to the City Manager. the first reading of the Ordinance. Seconded by Councilman Bitter. Seconded by Councilman Bitter. Carried by the fOllowing vote: Carried by the fOllowing vote: , Yeas-Mayor Moldenhauer. COIID- Yeas-Mayor Moldenhauer, CoW>- cilman Bitter, Justmann. Pregler. cilman Bitter, JUstmann, Pregler. NByS--None. Nays-None. Absent-Councilman Thoms. Absent-Councilman Thoms. Petition of O"us Grotto request- Councilman Pregler moved that ing permission to place cannisters the rules be suspended requiring in business places and others with an Ordinance to be read on three consent of owners during the year separate days be waived. Seconded I 1972 to aid cerebral palsy victims by Councilman Bitter. Carried by r and supply dentistry for the physi. the following vote: I cally handicapped, presented and Yeas-Mayor Moldenhauer, Coun- read. Councilman Pregler moved cilman Bitter, Justmann, Pregler. II approval of the petition and same Nays-None. be referred to the City Manager. Absent-Councilman Thoms. Seconded by Councilman Bitter. . I tha ¡ Carried by the following vote: Coun.cilman .Preg er moved h t I Yeas-Mayor Moldenhauer, Coun- a p~blic hearing be held on t e I cilman Bitter Justmann Pregler. OrdIDa~ce on Mar.ch 9, 1972 ~t Nays-Non~. ' b:"~e~~:t:';~it~nH~~7 a~~u:,~ I Absent-Councilman Thoms. the City Clerk be instructed to I Petition of Thirteener Fraternity publish notice of the hearing in I from the University of Dubuque, the manner required by law. see-I requesting permission to paint onded by Councilman Bitter. Car- house number; on city. curbs, pre. ried by the following vote: sented and read. Councilman Preg- Yeas-Mayor Moldenhauer, Coun- ler moved that the petition he re- cilman Bitter, Justmann, Pregler. ferred to the City Manager for in- Nays-None. vestigation and report Seconded Absent-.Councilman Thoms. by Mayor Moldenhauer. Carried Petition of Snomad Ski Club Fe- by the f~llowing vote: qnesting installation or extension cilmen Biter, Justmann, Pregler. of the water line past the ski area Nays-None.. on 32nd Street, presented and read. Absent-CounCllman Thoms. Councilman Bitter moved that the Petition of Lavern Behnke et aI petition be received a,:,d filed and objecting to Article ill Section G the rules suspended m order to of the proposed new Zoning Ordi- let a,:,y?ne present. address the nance dealing with the storage of CouncIl If they so desire. Seconded Recreational vehicles and equip.- by Councilman Justmann. Carried ment, pl'1!sented and read. Coun- by the followmg vote: cilman Pregler moved that the pc- Yeas-Mayor Moldenhauer, Coun- tition be received and filed and cilmen Bitter, Justmann Pregler. referred to the meeting of the Nays-None. public hearing of March 9th of Absent-.Councilman Thoms. the new Zoning Ordinance. See- Mr. Robert Blocker President of onded by Mayor Moldenhauer. the Snomad Ski Club stated that Carried by the following vote: the Club now has a membership Yeas - Mayor Moldenhauer, of five hundred people and the Councilmen Bit t e r, Justmann, Club has an investment of $5000 Pregler. plus. City Manager Chavenelle Nays-None. stated that DlOney has been appro- Absent-CoU!lcilman Thoms. 75 the proposal to dispose of inter- est of the City of Dubuque to Lot 3, Riverfront Subdivision No.4, in the City of Dubuque, Iowa, con- taining approximately 1.18 acres, subject to existing easements to Dubuque Packing Company; and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to Du- buque Packing Company: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the disposal of interest of CIty of Dubuque, Iowa, in real estate to Dubuque Pack- ing Company covering the foUow- ing described real estate, to-wit: Lot S, Riverfront Subdivision No.4, in the City of Dubuque, Iowa, containing approximate- ly 1.18 acres, subject to exist- ing easements for the purchase price of twenty cents ($.20) per square foot, or a total of $10,280.00 be and the same is hereby approved, subject to the following terms and conditions, to- wit: A. That said real estate be sold to the Dubuque Packing Company for the purpose of trading same to another Dubuque business firm in order to aUow both firms to expand their respective busi- nesses. B. That the sale price for said real estate shall be twenty cents (.20) per square foot, or a total of $10,280.00, and the receipt of Two Thousand ($2,000.00) Dollars as down payment is herewith ac- knowledged by the City of Du- buque. C. That the standard require- ment requiring the building of a structure within one year from purchase be waived 'as to the Dubuque Packing Compnay by virtue of the plans for trading of real estate to another firm. How- ever, said latter firm should be encouraged to construct a new building on the premises within one year from date of purchase. D. That the construction of aU buildings, yards, parking lots, fences and ancillary improve- ments shall be constructed in con- formance with existing City codes, and manufacturing processes car- Special Session, February 14, 1972 77 ried out in accord with City ordi- Section 2. That the City Clerk nances. be and he is hereby authorized E. That the City of Dubuque, and directed to record a certified Iowa, retains a perpetual easement copy of this Resolution in the of- for existing waterlines, existing fice of the Dubuque County Re- sanitary sewer and storm sewer corder. lines and for utilities, together Passed, approved and adopted with right of ingress and agress this 14th day of February, 1972. to repair, inspect and maintain Wayne A. Moldenhauer the same. That in addition, the Mayor City of Dubuque retains a thirty Walter A. Pregler foot (30) easement for sewer and C. Robert Jushnann water lines parallel to and wester- Joseph J. Bitter Iy of the easterly property line Councilmen of Lot 3 of Riverfront Subdivision Attest: No.4 where said lot fronts on Leo F. Frommelt Kerper Boulevard. City Clerk F. That all utilities and services to proposed buildings be connect- Councilman Pregler moved adop. ed at buyer's expense. tion of the resolution. Seconded G. That the purchasers, or suc- by Councl!man Bi~ter. Carried by cessors, to the property herein the foliowlDg vote. sold to the Dubuque Packing Com- Yea~ - M~yor Moldenhauer, pany install and erect such build- Councilmen Bit t e r, Justmann, ings as are contemplated within Pregler. twenty-four (24) montha of date of Nays-None.. acquisition and that such improve- Absent-councilman Thoms. ments shall be installed and erect- Proof of Publication certified ed and shaU be so designed so to by the Publisher, ol Notice of t!Iat as not to pr~sent .an offen- Sale of Project Notes in the Sive appe.arance either lD design amount of $1,568,000 to aid in fi- or matenals that 'Y°uld detract nancing Urban Renewal projects, from the general neigh~rhood. presented and read. H. That Dubuque Packing Com- No written objections were filed pany, by acceptance of. conveyance and no oral objectors were pres- of the property hereinabove de- ent in the Council Chamber at the scribed, covenants and agrees that time set for the public hearing. in the event th.e Cit~ o! Dubuque Councilman Pregler moved that should at any time Wlthm ten (10) the proof of publication be re- years from t!,-e date of said con- ceived and filed. Seconded by veyance reql11re all or part of ~e Councilman Bitter. Carried ,by the property that Dubuque Packing following vote: C~mpany acquires in ~xchange for Yeas - Mayor Moldenhauer, t~ property heremabove ~e- Councilmen Bitt e r, Justmann, scnbed for any purpose for which Pregler said City has the right of eminent Nay"':"'None. domaID, then .and m such eve,;,t, Absent-councilman Thoms. Dubuque Packmg Company, for it- self, successors and assigns, here- RESOLUTION NO. 52-72 by agrees to reconvey Part or all Authorizing the sale, issuance of said property for the same price and delivery of project not.. In it has Paid for said property, in- the aggregate principol amount eluding costs of acquisition, Sur- of $1,588.000 and the execution veys, platting, demolition, filling of Requisition Agreement No. and landscaping, plus the fair mar- 1-72 in connection with the ket value of any improvements Downtown Urban Renewa' Proj- erected on said property since the oct, Project No. Iowa R-15. date of the conveyance of the WHEREAS, City of Dubuque hereinabove described property (herein called the "Local Issuing from the City of Dubuque, Iowa, Agency") has entered into one or together with a fair rate of re- more contracts (which, together turn on such price, costs and val- with any supplements thereto or ue of improvements, not to ex- amendments or waivers of any ceed an interest rate of six (6) provisions thereof, are herein percent on such amounts. called the "Contract") with the 76 Special Session, February 14, 1972 Petition of H. R. W. requesting rezoning of Lot 2 of Picardy Park from Single Family to Multiple Family Residence District Classi- fication, presented and read. Ma- yor Moldenhauer moved that the petition be referred to the Plan- ning & Zoning Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler. Nays-None. Absent-Councilman Thoms. Petition of D. A. V. requesting a refund of $150 on the unexpired portion of Class B Beer License No. 87, presented and read. Coun- cilman 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 Bit t e r, Justmann, Pregler. Nays-None. Absent-Councilman Thoms. Proof of Publication, certified to by the Publisher, of notice of public hearing to dispose of inter- est in Lot 3 Riverfront Sub. No.4 in the City of Dubuque, to the Du- buque Packing Company, present- and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler. Nays-None. Absent-Councilman Thoms. RESOLUTION NO. 51-72 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegrapb-Herald, a newspa- per of general circulation in the City of Dubuque, Iowa on January 21, 1972 and January 28, 1972, CIty Council of Dubuque, Iowa met on the 14th day of February, 1972 at 7:30 P.M. (Central Standard Time) in the City Council Chamber, City Hall, Dubuque, Iowa, to consider Special Session, February 14, 1972 United States of America (herein Section 1. The aforesaid publi- called the "Government") provid- cation of the Notice of Sale and ing for a loan by the Government the form and contents thereof as to the Local Issuing Agency for SO published are hereby, in all re- financing the urban renewal low- spects, approved, ratified and con- rent housing or redevelopment firmed. project(s) described in the Con- Section 2. In order to provide tract and herein called the "Proj- funds to pay expenses incurred ect"; and or to be incurred in the develop. WHEREAS, pursuant to adver- ment of the Project, or to refund, tisement for the receipt of propos- renew or extend its outstanding als for the purchase of the First Notes issued in connection there- Series 1972 of Project Notes (here- with, the Local Issuing Agency in sometimes called "New Proj- hereby determines to borrow the ect Notes") of the Local Issuing sum of One Million Five Hundred Agency aggregating $1,588,000, Eighty-eight Thousand Dollars which appeared in a Notice of Sale ($1,588,000) and issue its negotia- published on January 25, 1972, ble Project Notes therefor. and February 1, 1972, in the Tele- Section 3. The Local Issuing graph Herald In the City of Du- Agency hereby ratifies and ap. buque, Iowa, and in The Daily proves the form of each proposal Bond Buyer in the City of New hereinafter in this Section 3 York, New York, proposals for .the enumerated for the purchase of purchas.e of the New Project the designated principal amount Notes lD the form approved by of Notes and determines that each the Local Issuing Agency were re- sum proposal offers to purchase ceived, opened. and canvassed at such Notes at the lowest interest the time and place mentioned in rate and is therefore accepted said advertisement, to wit: at and said Notes are hereby award: Council Chambers, City Hall, 13th ed to the purchaser as follows: and Iowa in the City o,f Dubuque, Principal Amou~t $1,588,000, Iowa 52001 at one 0 clock P:M. Interest Rate 2.21%, Purchaser- :;~~;a~~ ~~b~~ar;,1l~,j;.~72, whIch The Northern Trust Company. The Northern Trust Company, Section 4. Each Note shall be Chicago, illinois, Interest Rate dated March 7, 1972, shall be p~- 2.21 %, Principal Am't. $1,588,000, able as to both prlDClpal and lD- Premium $27.00. terest to bearer, on July 7, 1972, The First National Bank of Chi- and, pursuant to each proposal for cago, Interest Rate 2.23%, Prin- the purchase of said Notes here. cipal Amount $1 588000 Premium mabove accepted, shall bear the $12.00. ", rate of interest per annum, pay- Continental Illinois National au.e at ma,unty: .bali ooar .ule Bank and Trust Company of Chi- numbers and be lD the denonuna- cago, First National City Bank, lIuu.; alld. .nail be .payao.e .. to The First Boston Corporation, Mel. both pnncipal and lDter~st at the Ion National Bank and Trust Com- lDcorporated bank haVing trust pany, Interest Rate 2.24%, Princi- powers or incorporated trust com- pal Amount $1,588,000, Premium pany, as follows: $35.00. Purchaser, The Northern Trust The First National Bank of Company, Chicago, lllinois. paya- Boston, Lehman Brothers, Inc., In- ble at The NorÙlern Trust Com- terest Rate 2.25%, Principal Amt. pany, Chicago, lllinois. $1,588,000, Premi,:,m $5.00. Numbe... Denomi- Bank of Amenca N.T. & SA. nations Bankers Trust Company, Interest 1-20 $50000 Rate 2.28%, Principal Amount 21-40 $25'000 $1,588,000, Premium $39.00. 41-46 $10'000 Chemical Bank, John Nuveen & 4751 $ 5'000 Co., Inc., Interest Rate 2.36%, 52'54 $ 1'000 Principal Amount $1,588,000, Pre-' , mium $17.00. None of sucl1 Notes shall he val- Now Therefore, Be it resolved id until after the bank or trust by the City Council of the City of company at which it is payable Dubuque: shall have signecl the agreement, 78 Interest Rate 2.21% Special Session, February 14, 1972 appearing on each Note, to act as cease and terminate when movies paying agent thereof. Each sucl1 or investment securities ronverti- Note shall be executed in the ble into cash not later than the name of the Local Issuing Agency maturity date of the New Project by the manual or facsimile signa- Notes, sufficient and for the pur- lure of the Mayor and City Treas- POse of paying the principal and urer of the Local ISsuing Agency interest to maturity on such Notes, and shall have the corporate seal are de!>OSited with the paying of the LoCal Issuing Agency im. agent or agents for such Notes. pressed, imprinted or reproduced Section 8. The proceeds derived thereon and attested by the City from the sale of the New Project Clerk, and said officers are here- Notes, together with such amount by authorized and directed to of other funds of the Local Issu- cause said Notes to be properly ing Agency as may be necessary, executed. shall be applied, simultaneously Section S. Each such Note shall with tbe receipt of said proceeds, be in substantialiy the form of in accordance with the provisions HUD-901O, which is incorporated of the Requisition Agreement. herein by reference, and shall be Section 9. The City Treasurer is secured by an agreement entitled hereby authorized and directed to "Requisition Agreement No. 2-72" send promptly a letter to each (herein called the "Requisition paying agent for the New Project Agreement"), in substantially the Notes in substantially the form of form of HUD.9003, which is incor- HUD-9OO4, which is incorporated porated herein by reference, to berein by reference, and to trans- be entered into between the Local mit therewith (a) the New Project Issuing Agency and the Govern- Notes for which the addressee is ment. the paying agent for delivery and Section 6. The Requisition payment and (h) a signature cer- Agreement shall be executed in tificate and receipt, in accord.ance the name of the Local Issuing with the terms of said letter, and Agency by the manual or facsimile to take such other actions as may signature of the Mayor of the Lo- be required to complete the deliv- cal Issuing Agency and shall have ery transaction in accordance with the corporate seal of the Local Is- the terms of the letter to the pay- suing Agency impressed, imprint- ing agent. ed or reproduced thereon and at- Passed approved and adopted tested hy the City Clerk, and said this 14th' day of February 1972. o~ficers are hereby authori..,d ~d Wayne A. Moldenhauer dIrected to caUSe the RequlSibon Mayor Agreement to be properly exe- Walter A. Pregler cuted. . C. Robert Justmann Section 7. For. th.e punctUal P~y-I Joseph J. Bitter ment of the pnnCipal ?f and lD- CIty Councilmen terest on the New PrOject Notes, Attest. the Local Issuing Agency her!,by Leo . F. Frommelt expressly and irrevo~bly promises Cit Clerk to pay any sums which may be re- y ceived from the Govermnent pur- Councilman Bitter moved adop. suant to the Requisition Agree- tion of the resolution. Seconded by meut relating to such series of Mayor Moldenhauer. Carried by Project Notes and said Agreement, the following vote: when executed by the Govern- Yeas - Mayor Moldenhauer, ment, is hereby declared to be Councilmen Bit t e r, JUstmann, and is hereby assigned by the Lo- Pregler. cal Issuing Agency for the bene- Nays-None. fit of the holder or holders from Absent-Councilman Thoms. time to time of the New Project Notes. AU contributions, funds and amounts authorized or reo quired by the Contract to be ap. plied to the payment of Project Loan Notes (referred to in the New Project Notes. Such pledge and the lien created thereby shall RESOLUTION NO. S3-72 WHEREAs, applications for Liq- uor 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 79 80 Special Session, February 14, 1972 City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123 - as amended by the 64th General Assembly, 1971. CLASS "C" COMMERCIAL BEER & LIQUOR LICENSE Gerald Kirchberg, 3203 Jackson Street Passed, adopted and approved this 14th day of February, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler C. Robert Jushnann 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 Bit t e r, Justmann, Pregler. Nays-None. Absent---{:ouncilman Thoms. RESOLUTION NO. 54-72 WHEREAS, applications for Liquor permits 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 ordinances relevant thereto and they have filed proper bonds. NOW THEREFORE Be It Re- solved by the City Council of Du- buque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL BEER & LIQUOR LICENSE Gerald Kirchberg, 3203 Jackson Street Passed, adopted and approved this 14th day of February, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler 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 Bit t e r, Justmann, Pregler. Nays-None. Absent---{:ouncilman Thoms. Mayor Moldenhauer presented the name of David E. Bisenius for appointment to the Low-Rent Housing Commission to fill the un- expired term of King Herr, re- cently resigned, to August 17, 1973. Councilman Bitter moved confirmation of the appointment. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler. Nays-None. Absent---{:ouncilman Thoms. RESOLUTION NO. 5S-72 Confirming the Appointment of a Member of the Low-Rent Housing CommIssIon of the City of Dubuque, Iowa. WHEREAS, on the 17th day of August, 1970, the City Council of the City of Dubuque, Iowa, adopt- ed Resolution No. 244-70, electing to exercise the powers contained in Chapter 4O3A of the Iowa Code of 1968, as amended, by the City Council of the City of Dubuque, Iowa, and by said City Council through a Board of Commission- ers to the extent of the authority granted said Board by said CIty Council: 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 to Reso- lution No. 36-71 has appointed a memher 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: Saction 1. That the action of the Mayor of the City of Dubuque, Special Session, February 14, 1972 Iowa, in apPOinting David B. Bi- senius, to Augnst 17, 1973, as a Commissioner of the Low-Rent Housing Commission of the City of Dubuque, Iowa, is hereby ap- proved and the appointment of said Commissioner is hereby con- firmed by this City Council for the period designated in the Cer. tificate of Appointment of Com- missioners now on file in the of- fice of the City Clerk. Passed, approved and adopted this 14th day of February, 1972. Wayne A. Moldenhauer Mayor Walter A Pregler C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Certificate of Appointment of Commislionen of the L_.Rent Housing Commission of the City of Dubuque, I-a WHEREAs, the City Council of the City of Dubuque, Iowa, held a duly authorized meeting on the 14th day of February, 1972; and WHEREAS, at said meeting Res. olution No. 55-72 was adopted, a copy of which is attached hereto and made a Part hereof. NOW, THEREFORE, pursuant to the provisions of Section 403.5A of the "Low-Rent Housing Law" of the State of Iowa, and by virtue of my office as Mayor, I hereby ap- point the person hereinafter nam~dt~O ~rv~ast 'k Co'?mi"(';ion- Attest: .................................................. ~s~ion :f :~ C~ty ~fusg':bu:':: CIty Clerk Iowa, and to serve for the period ~:"~:h:Pr::':fayaf~: :::b;'~~ I 1972, David E. Bisenius, to Aug- ust 17, 1973. IN WITNEss WHEREOF, I have hereunto signed my name as Ma- yor of the City of Dubuque, Iowa, and caused the official seal of said City of Dubuque to be attached thereto this 14th day of February, 1972. Wayne A. Moldenhauer Mayor Attest: Leo F. Frommelt City Clerk 81 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor MOldenhauer, Councilmen Bit t e r, Justmann, Pregler. Nays-None. Absent-Councilman Thoms. There being no further business Mayor Moldenahuer moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmsnn, Pregler. Nays-None. Absent---{:ouncilman Thoms. Leo F. Frommelt City Clerk Approved ..................................1972. Adopted ......................................1972. ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ Councilmen 82 Special Session, February 21, 1972 CITY COUNCil OFPICIAL Special Session, Februa<y 11, 1972. Council met at 7:30 P.M. (C.S.T.). Present - Mayor Moldenhauer, Councilmen Bit t e r, Justma,"" preø/er, Thoms. City Manager Gil- bert D. Chavenelle. Mayor Moldenhauer read the call and stated that service there- of had been duly made and this I meeting is called for the purpose of AUTHORIZING THE pUBLI- CATION OF NOTICE OF PUBLIC HEARING FOR A IiJW RENT HOUSING pBOJECl' and acting upon such other business as may properly come before a regular meeting of the CounclL RESOLUTION NO. 56-72 -""rizing the Publication of Notice of Public Hearing for 0 Low-Rent Housing proiect. WHEREAS. a municipality or low-rent housing agency may on its own motion without an election proceed to exercise the powers granted by Chapter 403A of the Iowa Code, as amended, by adopt- ing a Resolution to proeeod in the manner provided therein; now therefore BE IT RESOLVED by the Coun- cil of the City of Dubuque, Iowa: Section I. That the City Clerk be and he is hereby authorized and directed to publish notice of public hearing to be held on March 13, 1972, in the form of Exhibit "A" wbich is attacbed hereto and made a part hereof. passed, approved and adopted this 21st day of February, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Exhibit "A" LEGAL NOTICE Notice is herehy given City Council of the City by the of Du- buque, Iowa, pursuant to Seet.ion 403A of the Iowa Code, as amend- ed, that on the 13th day of March, 1972, at 7:30 P.M. in CIty Coun- eil Chambers, City Hall, Dubuque, Iowa, the following resolution will be introduced for adoption by tbe CIty Council of the City of Du- buque. RESOLUTION NO. ........ To Proceed to Exerci. the p_en Grantee! by Chapter 403,. of tbe Iowa Code, as Amended, on Motion without on ElectIon. WHEREAS, a IØQDÍcipaIity or low-rent housing agency may on its own motion withnnt an elec- tion proceed to exercise the pow- ers granted by Chapter 4O3A of the Iowa Code. as amended, by adopting a Resolution to Proceed in the manner provided therein; and WHEREAS, the """pe of the property acquisition for the low- rent housing project ar projects shall be specificaßy limited in said Resoluti!>D; now therefore BE IT RESOLVED by the Coun- cil of the City of Dubuque, Iowa: Section I. That the City of Du- buque, shall proceed with the use of dwelling units in existing struc- tures to be leased from private owners. Leo 'P. Frommelt CIty Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. NQ's-None. At 7:37 P.M. Mayor Moldenhau- er moved to go into an executive session for the purpose of dis- cussing real estate in the Central Business District. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, J>ngIer, Thoms. Nays-None. At 8:36 P.M. the Council recon. vened in regular session and Coun- cilman Justmann moved that the executive session was for the pur- Special Session, FebruSl'}' 21, 1972 pœe of diseussing proposed rek>- cation of prospeet and prospects to Urban Renewal area and pr<>- posal for diseussion with pros- pects for Urban Renewal real es- tate sales. Seconded by CounciI- ... Pregler. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, TIIoms. NBYS---NÐne. There being no further business Councilman Thoms moved to ad- journ, Seconded by Councilman Pregler. Carried by the following vole: Yeas - Mayor Moldenhauer, Councilmen Bitt I' r, Ju.stmann, I Pregler, Thoms. Nays-NOOle. 83 Ap¡Jl'Oved """"""........................1972 Adopted ....................................1J72 ............................................................ ............................................................ ............................................................ ............................................................ ...............................~........ Attest: """"ëi¡Ÿ"ëii;;¡;:""""""""""" 84 Special Session, February 28, 1972 CITY COUNCIL OFFICIAL Special Session, February 28, 1972. Council met at 7:30 P.M. (C.5.T.) Present - Mayor Moldenheuer, Councilman Bit t e r, Justmann, Pregler, Thoms. City Manager GII. bert D. Chavenolle. Mayor Moldenhauer read the call and stated that service there- of had been duly made and this meeting is called for the purpose of SETTING A DATE OF PUBLIC HEARING ON AMENDING THE CURRENT BUDGET IN THE REC- REATION FUND and acting upon such other business as may prop- erly come before a regular meet- ing of the Council. Communications of Mayor Mol- denhauer submitting his weekly report to the Council members dated February 20th and 27th, pre- sented for the record. Councilman Bitter moved that the communi- cations be received and filed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication of Richard C. Henschel objecting to removal of professional office zoning classifi- cation from his property located at 4th & Bluff and suggesting con- solidation of R-l and R-2 zoning classification, presented and read. Councilman Justmann moved that the communication be referred to the date set for the public hear- ing on the Zoning Ordinance set for March 9th. Seconded by Coun- cilman Thoms. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays-None. Communication of Karla Braig and Mary Fleming requesting ac- tion as to the catching of a men- acing dog in the South filJ street area, presented and read. Mayor Moldenhauer moved that the com- munication be received and filed after being assured that the case was disposed of in an efficient manner. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays-None. Communication of CIty Assessor submitting a stipulation agreed upon by Kennedy Mall, Romac Inc., their attorneys, appraiser and CIty Assessor relative to protest of assessment of real estate and fixing a fair and reasonable actual value on the real estate for 1971 and 1972 and that after the year 1973 the assessment of the shop- ping center shall be made as a single unit, presented and read. Councilman Justmann moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication of Councilman Pregler suggesting that the Citi- zens Advisory Commission be giv- en the specific charge to investi- gate the merits of merging County and City Health agencies, present- ed and read. Councilman Pregler moved that the communication be referred to the agenda of the Council meeting scheduled for March 13th. Seconded by Council- man Jushnann. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays-None. Communication of Catherine R Boardman et al and Arthur M. Boardman objecting to various portions of the new proposed Zon- ing Ordinance, presented and read. Mayor Moldenhauer moved that the communications be re- ferred to the hearing on the new Zoning Ordinance scheduled for March 9th. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays-None. Special Session, February 28, 1972 Printed Council proceedings for February 24, 1972 the month of December 1971 pre- To the Honorable Mayor sented for approval. Councilman and City Council Pregler moved that the Council I submit the certified report of proceedings for the month of De- the fiscal transactions of the Wa- cember 1971 be approved as print- ter Department for the year 1971. ed. Seconded hy Councilman Bit- Respectfully, ter. Carried by the fOllowing vote: Gilbert D. Chavenelle Yeas - Mayor Moldenhauer, City Manager Councilmen Bit t e r, Justmann, Pregler Thoms. Mayor Moldenhauer moved that Nay"':"None the report be received and filed. . Seconded by Councilman Pregler. Communication of Low-Rent Carried by the following vote: Housing Commission submitting Yeas - Mayor Moldenhauer, minutes of their meeting of Feb- Councilmen Bit t e r, Justmann, ruary 15, 1972, presented and read. Pregler, Thoms. Mayor Moldenhauer moved that Nays-None. the communication be received and filed. Seconded by Councilman Pregler. Carried by the folJowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. February 18, 1972 To the Honorable Mayor and City Council I herewith submit the reports of the City Treasurer and Health Department for the month of Jan- uary 1972, as well as a list of claims paid. Respectfully, Gilbert D. Cbavenelle City Manager Mayor Moldenhauer moved that the reports be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None. February 22, 1972 To the Honorable Mayor and City Council I herewith submit the report of the Water Superintendent for the month of January 1972. Respectfully, Gilbert D. Chavenelle CIty Manager Mayor Moldenhauer moved that the report be received and filed. Seconded by Councilman Pregler. Carried by the foilowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. NaYS-NNle. 85 February 25, 1972 To the Honorable Mayor and City Council I return to you the petition of Steven Schultz requesting permis- sion to Paint house numbers On curbs. I recommend that the request be denied because curb paintings will not Improve our neighbor- hoods and, like other street mark- ings, regular repainting will he re- quired to make them useful. For your information I am en- closing copies of: Mr. Schultz's petition of last year My letter responding to the pe- tition A letter to Mr. Robert Day I suggest that a letter be writ- ten to Mr. Sehultz similar to the one written to Mr. Day. Respectfully. Gilbert D. Chavenelle City Manager Mayor Moldenhauer moved ap- proval of the Manager's recom- mendation. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Justmann, Pregler, Thoms. NaYS-Councilman Bitter. February 21, 1972 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a pro- POsal to reclassify from Local Business "An to Local Business "Bn property descrihed as Lot 2 remain in the Single Family classi- fication. Special Session, February 28, 1972 giving accoss to it, shall be such ciates Realty Co. stated that the that It will be in harmony with proposed apothecary for the area tho _rap;..... and orderly do. is a matter of right and that the volopmont of tho district In new ordinance would permit an which It i. located. apothecary. Mr. William Thill of The purpose of this proposal is 1110 Langworthy Ave. objected to permit a pharmacy or apothe- ~o the. P,::,posed . rezomng . hY, stat- cary in proximity to doctors of- lUg It is convemence zoDlng'. and fices and clinics which are pres- if once accomplished there will be ently permitted under the profes- no controlling t?e type and amount sional classification. of enterpnses lD the area. It is the recommendation of the February 21 1972 Planning and Zoning CommIs~ion Honorable Mayor and ' that the proposal to amend ArtiCle Council Members IV, Section 2(h) be adopted. . The CIty Planning and Zoning Respectfully subnutted, Commission has held a public hear- CITY PLANNING AND ing on a proposal to reclassify pro- ZONING COMMISSION perty described as the South 1/5 Don Gilson of Out Lot 432' the South 1/2 of City Planner the Middle 1/5 of Lot 432; the Mayor Moldenhauer moved that North 1/2 of the. South Middle 1/5 the recommendation be referred of Out Lot 432, an~ the ~ddle for proper proceedings. Seconded 1/5 of Out Lot 432, 1D th~ CIty of by Councilman Bitter. Carried by Dubuque, Iowa, from Muitiple.Res- the following vote: iden~e. CI.8SSifica?on to Bu~lDess Yeas - Mayor Moldenhauer, classification. This property IS 10- Councilmen Bitter Justmann Preg- cated at the northwest comer of ler Thoms.' , Fourteenth and White Streets. Nays - None. The Commission reviewed its recommendation on the Washing- Dr. David Kapp M.D. of Medical ton Street Neighborhood which Associates addressed the Council was made a couple of years ago. as President of the Medical Asso- The recommendation had included ciates Realty Co. by stating that this property in a commercial The Medical Associates plan to classification. It was the opinion move near the Mercy Hospital of the Commission that the re- complex from their present loca- commendation still represents its tion at 1200 Main Street. The ques- hest judgment. tion was raised as to why they It is the recommendation of the would elect to move from the Planning and Zoning Commission Downtown D?buque. area.. Dr. Kapp that the property described above stated that lD thell' OPlDlOn and be reclassified from Multiple Resi. in the opinion of experts in the dence to Business classification. field the contemplated move is f~r Respectfully submitted, what 15 best for the patient. Their CITY PLANNING AND =~n~dq~:;":re ":es':~~ .:~ ZONING COMMISSION siderJng taking in three more doc- Do,,; GIlson tors. Medical Associates and Mercy CIty Planner ~~spital ~l! remain separa.te en- Councilman Pregler moved that titles. BUildIng downtown 15 not the communication be referred for economically feasi?le a?d ~ pro. proper proceedings. Seconded by posed ~ercy Hospital SIte IS more Councilman Bitter. Carried by the conduCive to attract more doctors. following vote: He . stated. c¡uite emphatically that Yeas - Mayor Moldenhauer, their decl81on has been reached Councilmen Bitter Justmann Preg- and they intend to carry it ler Thoms' , through. Attorney Robert Kenline Nays - None. displayed a map of the proposed Mercy Hospital complex showing Notice of Claim of David Fleege, layout of present and proposed in the amount of $1800., for car streets, buildings, and parking damage incurred while driving in Attorney Robert Betrsch as a an ice covered intersection at 17th representative of Medical Asso- and Jackson Street, which was pre. B6 Special Session, February 28, 1972 of "Neil P\acew and Lots 1 and 2 of "Neil P]aœ" Number 2, in the city of Dubuque, Iowa. This pro- perty is located at the northeast corner of John F. Kennedy Road and Asbury Road. I It was the general opinion of the Commission that because of the proximity of the site to residences on Asbury Road, Crissy Drive, and Theda Drive, no change in zoning should be made that would encour- age more active commercial uses. Mr. RIchard Manternach, 2265 Crissy Drive and Mr. Gene Potts, S285Theda Drive were present to speak in opposition to the proposal. It is the recommendation of the CommissioB that the above de- scribed property remain in the Local Business" A" classification. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Mayor Moldenhauer. Car- ried by tbe following vote: Ye"" - Moyor Moldenhauer, Councilman Bittel', .Justmann, Preg- ler. Nays - Councilman Thoms. Fehl'uary 21, 1972 Honorable Mayor and Council Members The City Planning and Zoning commission has held a public hear- ing on a proposal to reclassify pro- ~~i ~e'c:':ir:: 2asOf~t 12 ~~ ~~ I 2 of Lot 3 of Lot 1 in Highland Farm Addition in the City of Du- buque, Iowa, from Single Family IiA>sidence to Multiple Residence classification oad to include the above described property in Ax- ticle IV, Section 2(h) of the Zon- ing Ordinance to permit profes- siow office use of the property. This property is located at 3290 Asbury Road. It was the opinion of the Com- mission that to change the classifi- cation as proposed would constitute an encroachment into the single family residential area along As- bury Bnad and CrissY Drive. n is the reC()lll1DClldation of the Pianaing and ZOning Commission that the property described above Respectfu]\y submitted, CITY pLANNING AND ZONING COMMISSION Don Gilson City Planner Mayor Moldenhauer moved sus- pension of the rules 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, Preg- ler, 'l1wms. Nays - None. Dr. Sullivan owner of the pro- perty located at 3290 Asbury re- quested more time to consider the rewning of his property when he can be represented by legal coun- sel. Mayor Moldenhauer moved that the recommendation be referred to the agenda of the meeting sched- uled for March 13th. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. Febmary 21, 1972 Honorable Mayor and Council Members The CIty Planning and Zoning Commission has held a public hear- ing on a proposal to amend the Multiple Residence District, Article IV, Section 2(b) of the Zoning Or- dinance of the City of Dubnque, Iowa, to include the following: An establishment for compound- ing and ..Ie of drugs, medicines and other .health related Items, sale of medical end $1If'!Iical sup- plies and equipment; sale 01 or- thopedic suppliea and equip- ment; sale of optical items and equipment, subject to a Special Permit being authorized by the Board 01 Adjustment. Prior to authorization of the Special Per- mit ItIo Board of Adlus-nt shall find that tho location and sin 01 the -, the nature and intensity 01 the operation In- ..01,," or conducled in connoc- tion with it, .... size of tbo site in relation to it, and the location of the site with rellOCt to streets 87 Notice of Claim of Laverne B. Hoff, in an undetermined amount, for damage incurred as the result of a backed-up sanitary sewer at his home at 2899 Windsor Ave., on January 31, 1972, presented and read. Councilman Pregler moved that the notice of claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. February 25, 1972 To the Honorable Mayor and City Council A food service ordinance and a related permit fee ordinance will be presented for your considera- tion at council meeting, February 28th. For information about the or- dinance I am enclosing copies of letters received from Mr. Roth. I recommend the ordinances. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Mayor Mol- denhauer. Carried by the follow. ing vote: Yeas - Mayor Moldenhauer, Councilman Bitter, Justmann, Preg- ler, Thoms. Nays - None. ORDINANCE No. 8-72 An Ordinance Defining Food, potentially hazardous food, Adul- terated, Misbrandad, food...rvlca establishment, temporary food- service establishment, Health Authority, Utensils, Equipment, Etc.; Providing for the sale of only unadulterated, Wholesome, Property Branded Food; Regu- lating the Sourc.. of Food; Es- tablishing Sanitation Standards for Food, Food Protection, Food- Service Operations, Food Equip- ment and Utensils, Sanitary Fa- cilities and controls, and other Facilities; Requiring Permits for the Operation of Food-Service Establishments; Reguiating the In_ction of such Establish- ments; Providing for the Exam- ination and Condemnation of 88 Special Session, February 28, 1972 viously flooded by City employees on January 19, 1972, presented and read. Councilman Pregler moved that the notice of claim be re- ferred to the City Solicitor for in. vestigation and report. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. Notice of claim of Robert P. Bisanz, in the amount of $35., for car damage incurred as the result of driving over a defective man- hole cover at 1816 Cox Street on December 20, 1971, presented and read. Councilman Pregler moved that the notice of claim be refer- red to the City Solicitor for inves. tigation and report. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. Notice of Claim of American States Insurance Co. submitting subrogation interest and lien in the amount of $413.42, for car damage incurred in an accident in. volving Frank Zmudka, their in- sured, on January 19th, 1972 at 17th and Jackson Street, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. Notice of Claim of Mrs. Mar- garet Laugesen, in the amount of $4000. plus cost of action, for per- sonal injuries received in a fall on the south side of Hill Street on October 14, 1971, presented and read. Councilman Pregler moved that the notice of claim be reo ferred to the City Solicitor for in- vestigation and report. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. Special Session, February 28, 1972 Food; Providing for Incorpora- tion by Roference of the 1962 Edition of the "United States Public Health Service Food Ser. vica Sanitation Ordinance and Code"; end Providing for the Enforcemant of thla Ordinance, and the Fixing of Penalties, presented and read. Councilman Bitter moved that this be considered the first reading of the Ordinance. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Pregler, Thoms. Nays - Councilman Justmann. ORDINANCE No. 9-72 An Ordinance Amending the Budget as Approvad by Ordin- ance No. 1-72 and Ordinance No S.72, presented and read. Councilman Pregler moved that the reading just had be considreed the first reading of the Ordinance. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Justmann, Pregler. NaYs-Councilmen Bitter, Thoms. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Moldenhauer. Carried by the fol- I lowing vote: Yeas - Mayor Moldenhauer, Councilmen Justmann, Pregler. Nays-Councilmen Bitter, Thoms. Councilman Pregler moved that a public hearing be held on the Ordinance on March 20, 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 Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Justmann, Pregler. NaYs-Councilmen Bitter, Thoms. February 24, 1972 To the Honorable Mayor and City Council Enclosed is a letter Written by Chief O'Brien which explains an amendment to the Traffic Code being presented for your consider- 89 ation at the meeting of February 28th. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the Communication be received and filed. Seconded by Council- man Bitter. Carried hy the fOllow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays-None. ORDINANCE No. 10-72 An Ordinance Amending Ordl... once No. 33-49 kn_n as the "Traffic Code of Dubuque, Iowa" as Amended by Enacting a New Subsection loa and a New Sub- section 109 to Schedule VI there- of to provide that t... parking of motor vehicles Is prohibited on the north side of West Seve... teenth Street from West Locust Street to Clark Street and on the north slc1e of Davis Ave,.... from Winchor Avenue to Sheri- dan ROod, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Bitter. Carried by the fOllowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg, Ier, Thoms. Nays - None. Councilman Pregler moved that the rule requiring an Ordinance to be read On three separate days be waived. Seconded hy Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, JuShnann, Preg- ler, Thoms. Nays - None. ORDINANCE NO. ,..", AN ORDINANCE AMENOING DRDI. NANCE NO. 3>-4, KNOWN AS THE "TRAFFIC CODE OF DUBUQUE. IOWA" AS AMENDED BY ENACT. ING A NEW SUBSECTION 'oa ANo A NEW SUBSECTION 109 TO SCHED- ULE VI THEREOF TO PROVIDE THAT THE PARKING OF MOTOR VEHICLES IS PROHIBTEO ON THE NORTH SIDE OF WEST SEVEN. TEENTH STREET FROM WEST LO- CUST STREET TO CLARK STREET ANO ON THE NORTH SlOE OF OAVIS AVENUe. FROM WINDSOR AVENUE TO SHEROIAN ROAD NOW THEREFORE BE IT OR- OAINED BY THE CITY COUNCIL OF THE CIY OF DUBUQUE, IOWA, Soc'lon I. Tna' O""na"", No. "'49 Petition of Daughters of Union Veterans Mary Agard Tent #35 requesting permission to conduct tag days on Friday and Saturday, September 15th and 16th, present- ed and read. Councilman Pregler moved approval of the petition to be referred to the City Manager for implementation. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jushnann, Preg- ler, Thoms. Nays - None. Petition of Tower Investments Inc. requesting rezoning of approx- imately five or six acres of Tower Hills Mobile Home Park to C-l classifitation under the new pro- posed zoning Ordinance, presented and read. Mayor Moldenhauer moved that the petition be referred to the Planning &: Zoning Commis- sion. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jushnann, Preg- ler, Thoms. Nays - None. Petition of First Congregational Church requesting permission to construct a 6" high curb with gut- ter in the alley right of way par- allel to the property line and also concurrence is requested due to the fact that the footing will ex- tend 1'-8" into the alley, presented and read. Councilman Pregler moved that the petition be re- ferred to the City Manager and staff. Seconded by Mayor Molden- hauer. Carried by the foUowing vote: Yeas - Mayor Moldenhaner, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. Petition of A-I Plumbing Cooling &: Heating Co., requesting permis- sion to excavate at 18951,2 Central Ave., to replace broken water ser- vice, presented and read. Council- man Pregler moved approval of the petition subject to approval of the Engineering Department. Sec- onded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. 90 Special Session, February 28, 1972 .oown a, the "T..fflc Cede of 00- b"O"e, lowo" " ame"ded be Md the ..me " hmby ome"ded by eood"", a "OW "b,eetl," i" BOd eood,"g 0 "ew "b,edi," 109 to ""ed"le VI thmof .. tonow, "SCHEDULE Vt 108. 0" the North ,Ide of W..f Sey,"feen!h ",eet f' 0 m W"" Locu,f Slteet fo Clock Weef. 109. 0" the North "de of Ooyl, Ayen"e tcom WI"d"" Aye- ,",e to """Ida" Road." Po"", o'COYed Md odeoted !ht, 28fh de. of Feb,",,"', 197' Wayne A. Molde""OPe' Moyo' Wone, A. P,...., Ano. T.Th""" C. Robert J..tmo"" Jo,eph J. 81f1e, Coo""nme" ATTEST, Leo F. F,ommelt City CI.... Pub"""" offidaly I. The Te'.."'" H...,ld Now"",.'" this 2od doy of Mmh 1972. Leo F. ."""",e" City Cle". it.'j' Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman' Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. Petition of Alfred E- Hughes at- torney, on behalf of John Heider- scheit, requesting the Council to reconsider application for sewer and water connections to Lots 90 and 91 in Linehan Park Addn., pre- sented and read. Attorney Hughes and Jim Heid- erscheit addressed the Council rel- ative to the petition. Councilman Pregler moved that the petition be denied. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jnstmann, Preg- ler. Nays - Councilman Thoms. Petition of United Spanish Amer- ican War Veterans requesting per- mission to conduct a tag day drive on April 14th and 15th, presented and read. Councilman Pregler moved approval of the petition to be referred to the City Manager for implementation. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer Councilmen Bitter, Justmann, preg: ler, Thoms. Nays - None. Special Session, February 28, 1972 RESOLUTION No. 57-72 Preliminary Estimate and ap- proVal of plans, spees., form of contract, plat and all other docu- ments for construction of 1972 Ur- ban Renewal Sanitary Sewer Man- hole Improvement project, at an estimated cost of $6,879.00, pre- sented and read. Councilman Bitter moved adoption of the resolution. Seconded by Councilman Pregler. carried by the folluwing vote: Yeas - Mayor Moldenhauer, Councthnen Bitter, Justmann, Preg- ler, Thoms. Nays-None. (Necessity for Improvement) RESOLUTION No. 5t-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 show- ing among other things the fOllow- ing: 1. An estimate of the cost of the proposed improvement. for the 1972 URBAN RENEWAL SANI- TARY SEWER MANHOLE IM- PROVEMENT PROJECT. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of pro- perty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned I improvement, and unless property owners at the time of the final consideration of this proposed re- solution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be seemed to have waived aU objections thereto. Said improvement shan be con- structed and done in accordance with the plans and specifications which have been prepared thereto by the City Engineer which have been approved hy the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement win be paid from the Sanitation Sew- I age Rental Fund. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 28th day of February, 1972. Approved: Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Jushnann Joseph J. Bitter Councthnen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved ap- proval of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. (Fixing Daht of Heerlng RESOLUTION No. 59-72 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 the 1972 Urban Renewal Sanitary Sewer Manhole Improvement Pro- ject. BE IT THEREFORE RESOLVED that on the 20th day of March, 1972, a public hearing will be held at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the Pro- posed plans and specifications and proposed for of contract, to the cost of the improvement 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 which shall be not 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 improve- ment. Passed, ,adopted and approved this 28th day of February, 1972. Wayne A. Moldenhauer Mayor WaiteI' A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk 91 92 Special Session, February 28, 1972 Councilman Bitter moved adop- RESOLUTION No. 61.72 tion of the resolution. Seconded WHEREAS, applications for Beer by Councilman Pregler. Carried by permits have been submitted to the following vote: this Council for approval and the Yeas - Mayor Moldenhauer, same have been examined, NOW Councilmen Bitter, Justmann, Preg- THEREFORE, ler, Thoms. BE IT RESOLVED by the CIty Nays - None. Council of the City of Dubuque, . Iowa, that the following applica- (Orden"9 Construction) tions be granted and licenses is- RESOLUTION No. 60-72 sued upon the compliance with BE IT RESOLVED BY THE CITY the terms of the ordinances of the COUNCIL OF THE CITY OF DU- C'ty ~UQUE that p~uant to a Res~lu- i. Class "c" Beer Po""lt !Ion of NecesSIty No. ~72 which Thompson's Food Markets, Inc., was duly passed by thiS Coun~ 2119 Rhomberg Avenue. for the 1972 Urban Renewal SaDl- Lucky Stores, Inc., 3049 Asbury St. tary Sewer Manhóle Improvement Lucky Stores Inc 1800 Elm Street Project be and the, same are her: Lucky Stores' Inc:' 3033 Asbury St. by ordered and constructed by this ' , Council upon its own motion and ~assed, adopted and approved with or without the petition of thiS 28th day of February, 1972. property owners. All the work Wayne A. Moldenhauer shall be constructed in accordance Mayor with the plans and specifications Walter A Pregler heretofore adopted and now on Allan T. Thoms file in the office of the City Clerk. C. Robert Justmann BE IT FURTHER RESOLVED Joseph J. Bitter that the cost and expense of said Councilmen improvement be paid from the Attest: sanitation sewage rental fund. Leo F. Frommelt BE IT FURTHER RESOLVED City Clerk that the CIty Clerk be and he is hereby ordered and directed to ad- vertise 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 ef- fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 28th day of February, 1972. Wayne A Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Juslmann 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, Preg- ler, Thoms. Nays - None. Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. RESOLUTION No. 62-72 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 and be issued to the following named applicants a Beer permit. Closs "c" Beer Po""lt Thompson's Food Markets, Inc., 2119 Rhomberg Avenue Lucky Stores, Inc., 3049 Asbury St. Lucky Stores, Inc., 1800 Elm Street Lucky Stores, Inc., 3033 Asbury St. Special Session, February 28, 1972 BE IT FURTHER RESOLVED that the bonds filed hy such appli- cants be and the same are hereby approved. Passed, adopted and approved this 28th day of February, 1972. Wayne A. Moldenhauer Mayor I 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 hy Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays-None. RESOLUTION No. 63-72 WHEREAs, applications for Liq-I uor 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 granted and licenses issued upon the com- pliance with the terms of the Iowa Liquor Control Act-Chapter 123--.1 as amended by the 64th General Assembly, 1971. Class "c" (Commerelol) Beer & LIquor Llcen.. Bridge Restaurant and Lounge, Inc., 31-35 Locust Street The Apartments, Ltd., Kennedy Mall Donald P. Shanley, 1630 East 16th Street Donald M. Love, 600 Central Ave. Passed, adopted and approved this 28th day of February, 1972. Wayne A. Moldenhauer I Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk 93 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. RESOLUTION No. 64-72 WHEREAS, applications for Liq- uor permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied hy such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED hy 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 permit. Closs "c" (Commercial) Beer & Liquor License Bridge Restaurant and Lounge, Inc., 31-35 Locust Street The Apartments, Ltd., Kennedy Mall Donald P. Shanley, 1630 East 16th Street Donald M. Love, 600 Central Ave. Passed, adopted and approved this 28th day of February, 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, Preg- ler, Thoms. Nays - None. There being no further business Councilman Bitter moved to ad- journ. Seconded by Councilman 94 Special Session, February 28, 1972 Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays-None. Leo F. Frommelt City Clerk Approved ....................................1972 Adopted ......................................1972 ......................................."................... ............................................................ Councilmen Attest: """""'ciiÿ"ëÏ~~k:""""""""'" Regular Session, March 6, 1972 CITY COUNCIL OFFICIAL Regular Session, March 6, 1972. Council met at 7:3Ð P.M. (C. s.T.) Present - Councilmen Bitter, Pre91er, Thoms. City Manager Gil- bert D. Chavenelle. Absent - Mayor Moldenhauer, Councilman Justmann (out of City). Councilman Bitter moved that Councilman Pregler be appointed Presiding Officer Pro Tern of the meeting in the absence of Mayor Moldenhauer. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas - Councilmen Bitter, Preg- ler, Thoms. Nays - None. Absent - Mayor Moldenhauer, Councilman Justmann. Presiding Officer Pro Tem Preg- ler read the call and stated that service thereof had been duly made and this is the REGULAR MON- THLY MEETING of the Council called for the purpose of acting I upon such husiness as may pro- perly come before the meeting. Communication of Mayor Mol. denhauer excusing Ws and Coun- cilman Justmann's absence from the Council meeting as they are attending the Congressional City conference at Washington D. C., presented and read. Councilman Bitter moved that the communi- cation be received and filed. Se- conded by Presiding Officer Pro Tem Pregler. Carried by the fol- low;ng vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thúms. Nays - None. Absent - Mayor Moldenhauer, Councilman Justmann. Communication of Emily Nesler objecting to pungent odor eminat- ing from the Sewage Disposal Plant also objecting to Catfish creek being an open sewage dump, presented and read. Councilman Bitter moved that the communi- cation be received and filed. Se- conded by Presiding Officer Pro 95 , Tem Pregler. Carried by the fol- lowing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Absent - Mayor Moldenhauer, Councilman Justmann. Communication of Mayors Indus- trial Committee rècommending sale of approximately one acre of land to Frommelt Industries In the amount of $8712.00, check in the amount of $800. attached to be acknowledged as a down payment, presented and read. Pre- siding Officer Pro Tem Pregler moved that the communication be referred to the City Solicitor for proper proceedings. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Absent - Mayor Moldenhauer, Councilman Justmann. Councilman Bitter moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Absent - Mayor Moldenhauer, Councilman Justmann. Mr. Robert Dorothy of the In- dustrial Bureau addressed the Council by stating that Frommelt Industries intend to build a build. ing adjacent to their present one on the Industrial Island to process foam padding to be used in their operation and also supply flexsteel Industries. March 2, 1972 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 October 6, 1971, for the POLICE 'DEPARTMENT. The following named applicants have passed both the written and