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1972 March Council Proceedings 94 Special Session, February 28, 1972 Regular Session, March 6, 1972 Pregler. Carried by the fallowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jnstmann, Preg- ler, Thoms. Nays - None. Leo F. Frommelt City Clerk CITY COUNCIL OFFICIAL Regular Session, March 6, 1972. Council met at 7:30 P.M. (C. S.T.) Present - Councilmen Bitter, PrO ler, Thoms. City Manager Gil. bert D. Chavenelle. Absent - Mayor Moldenhauer, Councilman Justmann (out of City). Approved ....................................1972 Adopted ......................................1972 ............................................................ Councilman Bitter moved that Councilman Pregler he appointed Presiding Officer Pro Tem of the meeting in the a-bsence of Mayor Moldenhauer. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas - Councilmen Bitter, Preg. ler, Thoms. Nays - None. Ahsent - Mayor MoWenhauer, 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 upon such business as may pro- perly come before the meeting. Communication of Mayor Mol- denhauer excusing his and Coun. cilman Justmano'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. I cation be received and filed. Se- conded by Presiding Officer Pro 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 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. I catioll be received and filed. Se- conded by Presiding Officer Pro Councilmen Attest: """""'Ciiÿ"ëÏ;~k"""""""""'" 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 rècommeuding sale of approximately oue acre of land to Frommelt Industries In the amount of $8712.00, check in tbe amount of $800. attacbed 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 Honoræble 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 011 October 6, 1971, for the POLICE DEPARTMENT. The following named applicants have passed both the written and 95 physical examinations and are hereby certified for appointment to the Police Department. Jones, Bruce A. - . . - 75% Drapeau, James A. . .,.,., .,72% Respectfully submitted, LeRoy H. Giles Chairman Gerard B. Noonan LouIs F. Fautsch Members of the Civil Service Commission. Attest: Leo F. Frommelt Clerk. Subscribed and sworn to before me this 3rd day of March 1972. Eugene J. Berens Notary Public Presiding Officer Pro Tem Preg- ler moved that the communication be received and filed and made a matter of record. 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. February 28, 1972 To the Honorable Mayor and City Council I herewith submit the Annual Financial Report of the City Au- ditor for the year 1971. Respectfully, Gilbert D. Cbavenelle City Manager Councilman Bitter moved that the report be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Absent - Mayor MoWenhauer, Councilman Justmann. February 25, 1972 To the Honorable Mayor and City Council I herewith submit the report of the City Auditor for the month of January 1972. Respectfully, Gilbert D. Cbavenelle City Manager Councilman Bitter moved that the report be received and filed. Regular Session, March 6, 1972 Seconded by Councilman Thoms. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Absent - Mayor Moldenbauer, Councilman Justmann. February 28, 1972 To the Honorable Mayor and City Council, This is to advise that I have approved the following bond and policy and desire to have your approval on same. PUBLIC OFFICIAL BOND Romola N. Russo, Western Surety Company (J()MPIÆHENSIVE LIABILITY William Spiegel, Grinnell Mutual Reinsurance Co. Respectfully, Gilbert D. Chavenelle City Manager Presiding Officer Pro Tem Preg. ler moved that the bond and policy be filed subject to approval of the City Attorney. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays-None. Absent - Mayor MoWenbauer, Councilman Justmann. Proof of Publication, certified to by the Publisher, of Statement of Receipts and Disbursements and list of claims for January 1972, presented and read. Presiding Of- ficer Pro Tem Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Tboms. Nays - None. Absent - Mayor MoWenhauer, Councilman Justmann. Proof of Publication, certified to by the Publisher, of Notice of pub. lie hearing to amend the Zoning Ordinance No. 3-34 by amending Article IV Section 2 (h) thereof to include Lot 5 of Sub. of Lot 3 of Block' in Westchester Sub. in professional use classification, presented and read. No written objections were filed and no oral 96 Regular Session, March 6, 1972 97 objectors were present in the Coun- cil Chamber at the time set for the public hearing. Presiding Of. ficer Pro Tem Pregler moved that the Proof of Publication be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Absent - Mayor MoWenhauer, Councilman Justmann. ORDINANCE NO. 6-72 An ordinance am-Ing Ordinance No. 3-34 kn-n as Tho Zoning Map - Zoning Ordinance of the City of Dubuque, Iowa, by amending Article IV, Section 2 (h) thereof to Include certain described real estate In which professiona' offices or studlOl of e physician, dentist, architect, _lnaer, lawyer, real. tor, insurance musician, or similar professions may be permitted said Ordinance having been pre. viously presented and read at the Council meeting of February 1', 1972, presented for final adoption. ORDINÞlNCE NO. 6-72 Presiding Officer Pro Tem Preg- ler moved final adoption of the Ordinance. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilman Bitter, Thoms. NaYS-None. Absent - Mayor Moldenhauer, Councilman Justmann. ORDINANCE NO. 8-72 AN ORDINANCE Defining food, potentially hazardous food, adult- erated, misbranded, food-service establishment, temporary food-ser- vice establishment, Health Author- ity, Utensils, Equipment etc.; Pro- viding for the sale of only unadult- erated, wholesome properly brand- ed food; Regulating the sources of food; establishing sanitation standards for food, food protection, food-service operations, food equip- ment and utensils, sanitary facil- ities and controls, and other facil- ities; requiring permits for the operation of food-service establish- ments; Regulating the inspection of such establishments; providing for the examination and condemna- tion of food; providing for incor- poration by reference nf the 1962 edition of the "United States Pub. lie Health Service Food Service Sanitation Ordinance and Code" And providing for the enforcement of this ordinance, and the fixing of penalties, presented for second reading. Presiding Officer Pro Tem Preg- ler moved that the reading be considered the second reading of the Ordinance. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays-None. Absent - Mayor Moldenhauer, Councilman Justmann. Be, studl... . -....... oe.....,. ""hl- ---.. enol_. I.""",. 'eal"". """,",œ. mo'lcla,. or .'ml- la, "",...""", wi""" .. . .. That ",e ""'olno Amend- ORDINANCE NO. 11-72 An ordinance am_lng Ordinance No. 3-34 known as The Zoning Map and Zoning Ordinance of the City of Dubuqua, Iowa, by amending Artlcla IV thereof by enacting a new Section 2.1 thereto to permit an establllhm- for the com. pounding and lala of drugs and medicines, and other health related Items, sale of medical and surgical J. eun ATTEST, leo F. F'ommen CIty CI.... Pub"",.. offlcla'ly In The Tele- "aPh-He...'d N.....a.... ,". ... day of ^"'<h 1972. leo F. F'emmert If. 319 CIty C"'" Secouded by Presiding Officer Pro Tem Pregler. Carried by the fol- lowing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Absent - Mayor Moldenhauer, Councilman Justmann. 98 Regular Session, March 6, 1972 supplies and equipment, sale of orthopedic supplies and equipment, sale of optical items and equip- ment, subject to special permit by authorization by the Board of Adjustment within the permitted professional offices or studios dis- trict, (Mercy Hospital) presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinauce. Seconded by Councilman Thoms. 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 requiring an Ordinance to be read on three separate days. Seconded by Pre- siding Officer Pro Tem Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - Noue. Aibsent - Mayor Moldenhauer, Councilman Justmann. Councilman Bitter moved that a public hearing be held on the Ordinance on April 10th at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manoer required by law. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Abseut - Mayor Moldenhauer, Councilman Justmann. ORDINANCE NO. 12.72 An ordinance amending and chang. ing Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordin- ance of the City of Dubuque, Iowa" so as to change certain pn>perty hereinafter described from "Mul tiple Residence District" classifica. tion to "Business" classification. (Mettel - 14th & White - O.L. 432), presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Council Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Presiding Of- ficer Pro Tem Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Couucilmen Bitter, Thoms. Nays - None. Absent - Mayor Moldenhauer, Councilman Justmann. Councilman Bitter moved that a public hearing be hold on the Ordinance au April 10th 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 Pre- siding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Ahsent - Mayor Moldenhauer, Councilman Justmann. RESOLUTION NO. 65.72 WHEREAS, there has been pre- sented to the City Council of the City of Dubuque, Iowa a plat of the vacation of Johoson Street from Lincoln Avenue to Providence Street and of the alley between Lincoln Avenue and Providence Street from Johoson Street to the north property line of lot 60 of Cook's Addition in the City of Du- buque, Iowa which plat is dated the 3rd day of March, 1972 and prepared by Joho L. White, li- censed professional civil engineer and land surveyor; and WHEREAS, said plat conforms to the statutes and laws and or. dinances pertaining to the plat- ting of real estate and same should be approved. NOW THEREFORE BE IT RESOLVED BY THE C I T Y COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the plat of the vacation of Johoson Street from Regular Session, March' 6, 1972 Lincoln Avenue to Providence Street and of the alley between Lincoln Avenue and Providence Street from Johoson Street to the north Property line of Lot 60 of Cook's Addition in the City of Du- buque, Iowa prepared by Joho L. White, licensed professional civil engineer and land surveyor, and dated the 3rd day of March, 1972 and which real estate shall here- after be described and known as Lot 3A of Mineral Lot 3H in the City of Dubuque, Iowa, be and I the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are here- by authorized and directed to exe- cute said plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and he is hereby ordered and directed to cause said plat to be recorded in the office of the Re- corder in and fur Dubuque Coun. ty, Iowa. Passed, approved and adopted this 6th day of March, 1972. Walter A. Pregler Presiding Officer Pro Tem Allan T. Thoms Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Presiding Officer Pro Tem Preg- ler moved adoption of the res( .. lution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Absent - Mayor MoWenhauer, Councilman Justmann. ORDINANCE NO. 13-72 An ordinance vacating Johnson St..- from Lincoln Avenue to Pro. I vidence Street. and the alley be. tween the aMey between Lincon Avenue and Providence Street to the north property line of Lot 60 of Cook's addition in the City of Dubuque, Iowa, as petitioned for by the Dubuque Community School District, presented and read. Presiding Officer Pro Tem Preg. ler moved that the reading just 99 had be considered the first read- ing of the Ordinance. Seconded by Councilman Thoms, Carried by the fallowing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Aibsent - Mayor Moldenhauer, Councilman Justmann. Presiding Officer Pro Tem Preg- ler moved that the rule requiring an Ordinance to be read on three separate days be waived. Second- ed by Councilman Thoms. Car- ried by the fallowing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays-None. Absent - Mayor Moldenhauer, Councilman Justmann. oRal NANCE NO. 13-72 WHEREAS, "'" D,b'q" Comm'nl- ty S,hool DI""<I ha, p,tltI"", Ih, City Crondl of th, City of D'b'q". low, 10 .."" John"n SI""1 I"m Lln"'n Av'n" 10 P"vld,n" Sl,"" and 10 va"" th, all", betw"'n L",- ""n Av'n" and P"vid,nco Sl"", f"," John"n SI,..1 10 Ih, no"h ",..rty IIn, of Lol 60 of Cook', Addi- tion In th, City of D'b,q", Iowa, and WHEREAS, Ih, Pi""nlng and Zoning Commi"ion of th, City 01 D""'q". 'owa h" app"v'" th, v"a"on of th, f"..olng m'ntlo"'" ,I,.., and all,y a, il no ion.., ""'" any "bll, ,"cpo", NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, S,crlon I. Th" Ih, va""" of John"n Sl"", f"m Lln"'in Av'n" 10 P"vid"co Sf",,1 ""d Ihat Ih, ..""" of th, all", b,tw..n L"""in Av'n" and P,ovid,n« SI,..I 'com John"n SI,..I 10 Ih, n"th ",..,ty II... of Lol 60 of Cool<", Addlti" In th, City of D'b,q". iowa whl'h h" h"'fof", b"n ,Ia"", and 'holl b, h""'I" be known and d""'bed '" Lol 3A of Min"al Lot 314 In lhe City of D'b'q", Iowa.. ""d Ih, "m, " h",bv "'a"". "v;ng and .... ""'ioo how"", 'nto fh, City of 0,- b,q". Iowa "'PeI.., ""m"l flv, (5') f..t on "'h ,id, of Ih, ,"OIl, ulility IIn" ,hown on the ola' Ih"e- Iofo" fll'" and a ",py of whkh " h"'lo alia""'" Whl'h ,hall .. ,e- lalnod a, ""n"nt, om the va""" oo"'on of John"n Sl,.., and th, alloy betw..n P,ovld"" Sl,"" and Lln",ln Avenu, t"," the no,fh P"" "ty IIn, of John"n SI,..I 10 th, no,th """'v llno of Lol 60 of C""., Addmon 'og"h" wllh th, ,ight of In- ."" ond ,."" fh"""m to, th, pocp"" of "Pal" malnt"an" of w"" """'. "nlla", "v,", IIn", g" IIn" and any oth" publl, ulil"'" 10"1'" th""". Section 2. That Ih, P"po,,' 10 dl~ 00" of th, "al "I", h""nobov, d""'b'" 10 Oubuou, Community School DI"'i<l .. ""d Ih, "m, i, hocoby app,ov,d and fh, City CI"" .. ond h, I' h<cobv o'd"", and dl- """, to <au," notice 10 b, pub",hed of Ih, InIon' of th, City of Dubuqu" Regular Session, March 6, 1972 Nays - None. Absent - Mayor Moldenhauer, Councilman Justmann. Petition of N. W. Bell Telephone Co. requesting permission to place buried conduit along Central Ave- nue north of 32nd Street, present- ed and read. Presiding Officer Pro Tem Pregler moved approval of the petition subject to approval of the Engineering Department. Se- conded by Councilman Thoms. Car- ried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Absent - Mayor MoWenhauer, Councilman Justmann. February 21, 1972 Honor"ble Mayor and Council Members The City Planning and Zoning Commission has reviewed the fi- nal plat of Lots 1 through 9 and Block A of "West Creek Park" Subdivision in the city of Dubu- que, Iowa. The Commission has found that the plat meets the minimum re- qulrements of the subdivision reo gulations and is in conformance with the "Planned Unit Develo¡>- ment" documents which bave been approved for this site. It is the recommendation of the Commission that the plat be ap- proved. Respectfully submitted, City Planning and Zon- ing Commission Don GIlson City Planner Presiding Officer Pro Tem Preg. ler moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays-None. Absent - Mayor MoWenhauer, Councilman Justmann. RESOLUTION NO. 66-72 RESOLUTION Approving Plat of Block 1, 2, 3, " 5, 6, 7, 8, 9 and A each in "West Creek Park" in the City of Dubuque, Iowa WHEREAS there has been filed with the City Clerk a plat in which 100 Regular Session, March 6, 1972 101 Iowa to dl.",.. of Inre..... In reel estala es I. by low ","ulred. Pes"". ,pproved and adoPted thl. 6th ClOy of Mardi."". Wolter A. Pregler PresIding Offl,"," Pro Tern Allan T. Thom. Jooeoh J. BItter Councilmen ATTEST: Loo F. Frommelt City CIe'" Publl"ed officially In Th' Talegra", Herald Newspaper ,"I. "'" day of April 1972. LooF. Frgmmelt City Cle'" Lot 2 nf Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 nf Lot 1 of the Northwest One-Quarter of the Southeast One-Quarter of Sec- tion 21 in Township 89 North, Range 2 East nf the 5th Princi. pal Meridian in Dubuque Town- ship, Dubuque COImty, Iowa, now in the City nf Dubuque, Iowa; and Block 16 in "Key KnoIls Subdi- vision" in the City of Dubuque, Iowa; and Lot 1 of Lot 7, Block 15 in "Key KnoIls Subdivision" in the City nf Dubuque, Iowa, is platted as: Block 1, 2, 3, " 5, 6, 7, 8, 9 and A each in "West Creek Park" in the City nf Dubuque, Iowa and. WHEREAS said plat has been examined by the City Plan Com- mission and had its approval en- dorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE, IOWA. Section I. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk ,be and they are here- by authorized and directed to en- dorse the approval of the City upon said plat. Passed, adopted and approved this 6th day of March, A.D., 1972. Walter A. Pregler Presiding Officer Pro Tem Allan T. Thoms Joseph J. BItter Attorney Robert Bertsch addres- sed the Council by stating that There now is a COrporation formed and called the West Creek Cor- poration, a non-profit COrporation. They have restricted covenents on use of the property. The Home- owners association has power to levy and assess against property owners. F.H.A. bas approVed the financing and meets all Federal requIrements. The Development project has been worked out with all City Departments. Mr. Dick Hansel of West Creek Park Cor. poration stated that the company has been formulated for a year. March 3, 1972 To the Honorable Mayor and City Council Enclosed please find our 1971 Street Budget Report which con. tains all city CXpendjtures for street related purposes spent in 1971. This report must be filed each year with the State in order to receive our road use tax money. The report should be approved by your body on the March 6, 1972 meeting as it is due March 10, 1972. RespectfuJIy , Gilbert D. Cbavenelle City Manager Presiding Officer Pro Tem Pre!:- ler moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the fallowing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Absent - Mayor MoWenhauer, Councilman Justmann. RESOLUTION NO. 67-72 APPROVING OFFICIAL BUDGET REPDRT OF MUNICIPALITY FOR MUNICIPAL STREETS AND PARKING FOR 1971. WHEREAS, an official report of Municipality for Municipal Streets and Parking for the City of Du- buque from January 1, 1971 to December 31, 1971, has been duly prepared in accordance with Cha¡>- ter 312.1' Road Use Tax Fund, Code of Iowa 1971, and submitted to this Council for approval, and WHEREAS, this Couneil bas ex- amined the Official Report of the 1.t a/14 Presiding Officer Pro Tem Preg- ler moved final adoption of the Ordinance. Seconded hy Council- man Thoms. Carried by the follow- ing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Absent - Mayor MoWenhauer, Councilman Justmann. Notice of ClaIm of Alfred J. Puls, guardian of Stacy SPBhn, a minor, in the amount of $22,500 for injuries received by said mi- nor as the result of a collision between her car and City Equi¡>- ment operatiog at the intersection of W. 6th, W. 9th and N. Hill on February 1, 1972, presented and read. Councilman Bitter moved that the notice of suit be referr- ed to the City Attorney for in- vestigation and report. Seconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Absent - Mayor MoWenhBuer, Councilman Justmann. Notice of claIm of Charles Sch- robilgen in the amount nf $172.08 for damage caused by flooding of the basement of his home at 1554 N. Grandview, due to a broken water main on February 25, 1972, Presented and read. Councilman Bitter moved that the notice of claim be referred to the City Attor- ney for investigation and report. Seconded by Presiding Officer Pro Tem Pregler. Carried by the fol- lowing vote: Yeas - Presiding OffIcer Pro Tem Pregler, Councilmen Bitter, Thoms. Attest: Leo F. Frommelt City Clerk Presiding OffIcer Pro Tem Preg- ler moved adoption of the reso- lution. Seconded by Councilman Thoms. Carried by the fallowing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays-None. Absent - Mayor Moldenhauer, Councilman Justmann. City of Dubuque, Iowa, for Muni- cipal Streets and Parking from January 1, 1971 to December 31, 1971 wherein the distribution of receipts aud expenditures are shown. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Official Budget Report ,øf Municipality for Municipal 'Streets and Parking for the City of Dubuque, Dubuque County, Iowa, from January 1, 1971 to December ,31, 1971, be and the same is hereby approved. Passed, adopted and approved this 6th day of March 1972. Walter A. Pregler Presiding Officer Pro Tem Allan T. Thoms Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk. Presiding Officer Pro Tem Preg- ler moved adoption of the resolu- tion. Seconded by Councilman Thoms. Carried by the fallowing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Absent - Mayor Moldenhauer, Councilmau Justmann. RESOLUTION NO. 68.72. 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 fallowing applica- tions be granted and licenses is- sued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT D.B.Q. Inc., ,th & Locust Street 'Dennis Albert Althaus, 1575 Central Avenue Lawrence E. & Ethel M. Schwartz, 500 Rhomberg Avenue Fischer & Co., Inc., 880 Locust Street Regular Session, March 6, 1972 Passed, adopted and approved this 6th day of March, 1972. Walter A. Pregler Presiding Officer Pro Tem Allen T. Thoms Jose'ph J. Bitter Attest: Leo F. Frommelt City Clerk. Councilman Bitter moved adop- tion of the resolution. Seconded 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. RESOLUTION NO. 69.72. WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun. cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer permit. CLASS "B" BEER p æRMIT D.B.Q. Inc., 'th & Locust Street Deunis Albert Althaus, 1575 Central Avenue Lawrence E. & Ethel M. Schwartz, 500 Rhomberg Avenue Fischer & Company, Ioc., 880 L0- cust Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 6th day of March, 1972. Walter A. Pregler Presiding Officer Pro Tem Allan T. Thoms Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk. Couucilman Bitter moved adop- tion of the resolution. Seconded by Presiding Officer Pro Tem 102 Regular Session, March 6, 1972 Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Absent - Mayor Moldenhauer, Councilman Justmann. RESOLUTION NO. 70-72. WHEREAS, applications for Li- quor permits have been submitted to this Council for approval and the same bave been examined, I NOW THEREFORE BE IT RE. SOLVED by the City Council of the City nf Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT - CHAPTER 131 - as amended by the &lth General Assembly, 1971. CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE Fraternal Order of Eagles #568, 1175 Century Drive I Alice H. Erscben, 2817 University Avenue Passed, adopted and approved this 6th day of March, 1972. WaIter A. Pregler Presiding Officer Pro Tem Allan T. Thoms Joseph J. Bitter Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion nf the resolution. Seconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregter, Councilmen Bitter, Thoms. Nays - None. Absent - Mayor MoWenbauer, Councilman Justmann. RESOLUTION NO. 71-72. I WHEREAS, applications for Li- quor permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be GCcupied by such applicants were inspected and found to comply with the State Law and all City ordin- ances relevant thereto and they have filed proper bonds, Dubuque, Iowa, that the Manager NOW THEREFORE BE IT RE- I SOLVED by the City Council of be authorized to canse to be issued to the following named applicants a Liquor Permit. CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE Fraternal Order of Eagles #568, 1175 Century Drive Alice H. Erschen, 2817 University Avenue Passed, adopted and approved this 6th day of Marcb, 1972. Walter A. Pregler Presiding Officer Pro Tem Allan T. Thoms Joseph J. Bitter Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop.. tion of the resolution. Seconded by Presiding Officer Pro Tem Pregler. Carried by tbe following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Absent - Mayor Moldenbauer, Councilman Justmann. There being no further business Councilman Thoms moved to ad. journ. Seconded by Presiding Of- ficer Pro Tem Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - None. Absent - Mayor Moldenhauer, Councilman Justmann. Leo F. Frommelt City Clerk Approved ....................................1972 Adopted ......................................1972 Councilmen Attest: ...........................................-... City Clerk 103 Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Arthur Board- man objecting to Article 9 of the proposed Zoning Ordinance pro- bibiting a structure constituting a nonconforming use from being re- paired at a cost of exceeding 511% of assessed value, presented and read. Councilman Bitter moved that the communication be re- ceived 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 Catherine R. Boardman and Betty Krieg, also Arthur Boardman objecting to the terminology of non-conforming use, not encouraged to survive, on any lot 70' x 100', instead of the present to all the oW mineral lots in the City as to effecting property rights, presented and read. Councilman Bitter moved that the communica- tion be received and filed. Se. conded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Mrs. Robert Humke et al (11 sigoatures) re- lative to the ownership and hous- ing of dogs due to the proposed restrictions in the new ordinance as recited in part 12 of the Ge. neral Provision Section of the pro- posed Ordinance, presented and read. Councilman Bitter moved that the communication be re- ceived 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 nf Dub u que County Taxpayers Assn. requesting that the Council demand from the Zoning Commission to do a com- plete survey of all non-conforming use in regard to lot size, land use buildings and structures, pre- sented and read. Councilman Bit- ter moved that the communica- 104 Special Session, March 9, 1972 CITY COUNCIL OFFICIAL Special Session, March 9, 1972. Council met at 7:30 P.M. (C. S.T.) ,Present - Mayor Moldenhauer, Councilman Bitter, Justmann, Preg- ler, Thoms. City Manager Gilbert D. Chavenelle. Mayor Moldenhauer read the call and stated that service therof had been duly made and this meet- ing is called for the purpose of CONDUCTING A PUBLIC HEAR- ING ON THE PROPOSED ZON- ING ORDINANCE AND ZONING MAP OF THE CITY OF DU- BUQUE, IOWA, and acting upon such other business as may pro- perly come before a regolar meet- ing nf the Council. Proof of publication, certified to by the Publisher, of notice of pub- lic hearing on a proposed Zoning Ordinance No. 7-72, presented and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of LaVerne L. Behnke et al submitting a peti- tion of 150 signatures objecting to Article ill Section G of the pro- posed Zoning Ordinance relating to storage of Recreational vebicles and Eqnipment, presented and read. Councilman Bitter moved that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Bitter, Justmann, Pregler, Thoms. Nays - None. Communication nf Richard C. Henschel objecting to the proposed removal of professional office zon- ing from his property at ~ & Bluff and suggesting the consoli- dation of Section R-l and R-2 zones in the new ordinance, presented and read. Councilman Bitter mov. ed that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Special Session, March 9, 1972 tion be received and filed. Se- conded by Councilman Pregler. Carried by the following vote: Yeas - Mayor MoWenbauer, Councilmen Bit t e r, Justmann, Pregler, Tboms. Nays - None. Petition of Clarence Koenig et al (11 sigoatures) objecting to the possible doom of small businesses within two years after adoption of General Provisions of Section , dealing with site improvement standards for off-street parking, I loading, out door sales and service areas, taken from the proposed Ordinance on Page 57, presented and read. Councilman Bit t e r moved that the petition be receiVed and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhuaer, Councilmen Bi t t e r, Justmann, Pregler, Thoms. Nays - None. Communication nf Dan & Bobbe Ames objecting to the rezoning of all the land presently under I consideration to bandle the clinic and one apothecary and the neigh- borhood will be condemned to a slow death if the H-M Classification is put into effect in the area, pre- sented and read. Councilman Bitter 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 Terry Cicciar- elli submitting proposals on HM zoning proposed for the area a- round 205 Hill Street that if ser- vices for hospitals and clinics are alloWed they could be confined and contained in the institution com- plex, presented and read. Council- man Bitter moved that the com- munication 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 Dubuque Art Assn. suggesting certain measures that should be included in the new Zoning Ordinance such as banning billboards, place a moratorium on the construction of new billboards, commercial sigos should be sub- ject to control and the inclusion of provisions for non-conformance of present signs be included in the revised Ordinance, presented and read. Councilman Bit t e r 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. Petition of Roger Pickel et al (17 sigoatures) students of Jeffer- son Jr. High objecting to ,the pro- posed ordinance relating to the housing of pets, also restrictions of areas where pets may be kept, presented and read. Councilman Bitter moved that the. petition 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. Petition of David Marty et al (33 signatures) students of Jeffer- son Jr. High School, showing con- cern that animals can be kept in very few districts in the pro- posed zoning Ordinance, and where allowed a doghouse or other build- ing would be restricted within fifty feet of any neighboring boundary line, presented and read. Council- man Bitter moved that the petition 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 J. Wilson Mc- Callister submitting opinions rela- tive to funeral homes in a residen- tial area as to rezoning, reciting a differential of funeral homes which are in an area in a state of transition from residential to commercial is not considered a nuisance, presented and read. Councilman Bitter moved that the communication be received and filed and referred to the Council. 105 ments, presented and read. Coun- cilman Bitter moved tbat the rom- munication 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 Mr. '" lira. Gunnar Ant of 3ü Hill Street ex- pressing concern for the broad re- zoning contemplated for their neighborhood as a hospital medical zone, and that the bospital's prea- ent facilities are adequate to meet the needs of the community, pre- sented and read. Councilman Bit- ter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the fallowing vote: Yea. - Mayor MoWenbaner, Councilmen Bit t e r, Justnuum, Pregler, Thoms. Nays - None. Communication of Alfred E. Hughes, attorney, submitting a pet- ition of twenty property owners, adjsœnt to the Siegert property baving no objection to the estab- lishment of a funeral home at 2615 Hillcrest Street, presented and read. Councilman Pregler moved that the communication be referred to the Council. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition nf Bonnie Berg et al (529 signatures) expressing their support for a sound zoning Ordi- nance that would lead the City toward the best possible use of land resources and specifically re- questing that the new ordinance include strong sign and biBboard clauses as a means of controlling tbe urban blight developing in the City, presented and read. Council- man Bitter moved that the petition be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor MoWenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication of Dubuque Au- dubon Soeiety submittiog a copy 106 Special Session, March 9, 1972 Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Environment- al Coordinating Organization of Dubuque referring to deficiencies in the proposed Ordinance that would deal with billboards, signs, and conservancy, requesting that the conservancy section should be reinstated in the new Ordinance, presented and read. Councilman Bitter moved that the communica- tion be received and filed. Second- ed by Councilman Pregler. Csrried by the following vote: Yeas - Mayor MoWenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication nf Basic Free- doms Inc. requesting permission to address the Council at the meeting of March 9th in the person of Leonard Friedman and a member of their State Board of Directors, expressing concern about the sup- pression of private property rights, under the non-conforming classifi- cations, if the proposed ordinance is passed, presented and read. Councilman Bitter 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 D n b u que Board of Realtors submittiog sug- gestions to resolve the complex document being the new zoning Ordinance as follows: 1 . Consult the Chamber of Commerce and Industrial Bureau; 2 - Place wom- en on the Planning & Zoning Com- mission and on the Board of Ad- justment; 3 - No one person shouW serve on more than one board or commission at the same time; , - If suggestions bave merit and decide to revise the membership on the Planning & Zoning Com- mission and Board of Zoning Ad- justment requesting that the Coun- cil draw on all economic groups to provide the necessary replace- Special Session, March 9, 1972 of the Environmental CoordiDating HenteI, Catherine ßoarctmaa, BeD- Organization petition, expreasing da Esser, Ken Vandermß1en, Ifrs. cOneurrence in said petition, PSr-- CiCc1arel1i, Roger ChiIda, Fraù: ticularly related to billboards, pre- Hardie, Karen Wies, Art Esslinger, sented and read. Councilman Bit- Mrs. Roberta Whitson, Jim Gruber, ter moved that the communication Herb Dilworth, Bill Kasek" Oe be received and filed. Secœded Walsh. JIUIe Ward, Karen ty8en, by Councilman Pregler. Carried Olsrence Koeofg, M. Phillips and by the following vote: Jerry Henkels. Yea~ - M~yor Moldenhauer, There being no lurtbèr buslnesa CoImciImeD BIt t e r, Justmann, Councilman Thoms moved: to ad- Pregler, Thoms. joum. Seconded by Councilman Na:vs - NOlle. Justmann. Carried by the following Testimony by Roberta A. Whit- vote: son Basic Freedoms Inc. of Des Yeas - Mayor Moldenhauer, Moines, Iowa, dedicated to the pre.. Councilmen Bit t e r,. Jummann, servation of property rights, being Pregler, ThoIUB. definitely Opposed to any ZOIlÜ/g Nays - NOlIe. laws, and requesting the Council Leo' F. Frommelt to reject tile whole zoning scheme, Cit;y Clerk presented and read by Mrs. Whit- son herself. Councilman Bitter moved that the testimony be re- ceived and tiled. Secnnded by I Approved """""""""'."'............J8'12 Councilman Pregler. Carried by tile following vote: Yea. - Mayor MoWenbauer. Adopted """""""'.........-............l8'12 Councilmen Bit t e r, Jummann, Pregler, Thoms. Nays - None. I ...............................................-..... th:'~s ~Id=:"'~:ro~:::! I ""'00"""""""""""""'00"'.""""""'."" to let anyone present address the Council if they so desire. Seconded ~; ~:'~~lli::'~u~,:,~' Carried I .00...00..00""""""".....00.."""""""""""", Yeas - Mayor MoWenhauer, :;:;:~:O:s~ t t e r, Jnstmann, I 00.00...................................................... The following persons addresSed the Couucil. mostly objector." to the present form of the proposed Zoning Ordinance. Riebard C. Hen- I sehet. Arthur Boardman, Leonard Friedman, Richard Ran, Paul "'h""'h""h"Q;~""""".""'" Attest: 00"""'00."00'_""""""."""""""'" Cit;y Clert 1m 1,Q8 Special Session, March 13, 1972 CITY COUNCIL OFFICIAL Special Sess,on, March If, 1m. . ci.uncil met at 7:30 P.M. (C.S.T.) Pí-esent - Mayor Moldenhauer, Councl,I""en Bitt e r, Just",ann, '_lor, Thoms. CItY Manager, Gilbert D. Chav- eIIe. ' Mayor Moldenhauer read the, call and stated that service thereof had beè,i" duly: mad'; and this meeting isc2'l1ed for the' purpoSe ôf ACT- ING UPON A RESOLUTION TO PROCEED TO EJliERCISETlIE POWERS GRåNTED "BY CHAP- TER .o3A, LOW,RENl"'HOUSING LAW, OF THE IOWA CODE, AS AMNDED, ON MOTION WITH- OUT AN ELECTION, and acting dPon such other business' liS may properly come before a regular meeting of the Council. "Mayor Moldenhauer's letters dat- ed March 5th and March 12th were presented for the record. Council- man Pregler moved that the com- munications be received and filed. Seconded by Mayor MoWenhauer. Carried' 'by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Gommunication of Joseph Moran, Chairman for "Shamrocks for Dys- trophy" at Loras College informing the City of SPOllsoring the annual Drive on St. Patrlck's,Day present- ed and read. Councilman Pregler moved approval and directed the communication be referred to the Manager. Seconded hýCouncilman Moldenhauer. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Cottingham & Butler me. requesting return of insurance policies of the Bisek & White Cab Co., as the Cab Com- pany has directed to cancel the coverage as of February U, 1972, presented and read. Councilman Bitter moved that the communica- tion be referred to the Manager and CIty Attorney. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of' John Heider- scbeit formally advising that his voluntary application for annexa- tion of Lots 90 and 91 In Linehan Park be withdrawn, presented and read. Councilman Bitter moved that the communication be receiv- ed and filed. Seconded by Council- man Pregler. Çarried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays ~. None. , Communication of Councilman Pregler suggesting the Advisory Commission cause the appropriate committee to investigate the merits of merging the County and City Health Agencies, (forward from meeting of 2-28-72), presented"and read. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor MoWenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Mr. George Lipper, Walt e r Grubb, Bob Berning, Arthur Roth all spoke in favor of a possible merger of the various health agen- cies. Mrs. Wm. Dustin of the V.N.A. was not aware of the extent of the possible merger. She did state however that she would ad- vise the V.N.A. Board. Dr. Hazlet was of the opinion that it couW be done through the State Board of Health. There is good coopera- tion at the present time between the various health agencies both in the City and County. Councilman ,Pregler moved that his communi- cation be sent to the Citizens Ad- visory Commission to meet with 'the County Advisory Commission, if existing, to come back with a report. Seconded by Councilman Justmann. Carried by the fallowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Special Session, March 13, 1972 March 9, 1972 To' The Honorable Mayor and City Council I request your approval nf city participation in a study of nursing services being perfo<med both within the city and in the coun- ty by City Health Department N u r s e s, Dubuque Community School Nurses and by the Nurses nf the Visiting Nurses Association. For your consideration and in I support of the request, I am en- closing a copy nf a letter by George Lipper, a copy of a let. ter written by A. N. McDonald and a "Summary" of a proposal by Baxter, McDonaW and Com. pany. Early in 1971, a group of offi. cials and citizens met with Mr. George Lipper, Chairman of the Sub-Committee on Health of the United Fund Community Services Planning Committee. In group dis- cussion, it was proposed to out- line a community health service program, inventory the services being delivered and from this in- formation determine a deasible community program with propo- sals for its administration After reviewing the collected papers and reports, Mr. Lipper has suggest- ed a starting point; school and, public health nursing. It is proposed to evaluate the administration and organization of city, county, school nurses and the Visiting Nurses Association. It is proposed to analyze the present service demands, the methods of delivery and from this, design a specific program for the Dubuque area. The stody will take three months. It will cost $7,600.00. Each agency will contribute a $1,500 share of the cost. I have discussed the proposal' with Mr. Lipper, the City Health' Director and the Administrator, the' School Superintendent, and with , Mr. Berning of United Fund Inc. I I propose to meet with represen-' tatives of the several agencies,: and with them make the stody' arrangements. , It is intended that this request' will be on the agenda of the March 13th Council meeting. In order to assist YOU, Mr. Lipper, Mr. Roth, Mr. Berning and Dr. ,109 Hazlet bave been invitèd' to at- tend. Respectfully. requested, Gilbert D. Chavenelle CIty Manager Councilman Thoms, moved fur appropriation in the amount of $1500. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Pregler,Thoms. Nays - Councilmen Bitter, Just- mann. Communication of Planning & Zoning Commission recommending that Lot 1 of W% of Lot, 2 of 2 of 2 of 3 of 1 in Highland Farm remain in Single Family Classification being real estate owned by Dr. Samuel J. Sullivan located at 3290 Asbury, (brought forward from meeting of February 28, 1972) presented for considera- tion, Attorney Dave Setter, Dr. Sullivan and Dr. Haase all re- quested favorable consideration by the Council. Councilman Pregler moved that the recommendation of the Plan- ning & Zoning Commission be ac- cepted. Seconded by Mayor' Mol. denhauer. Thêvote on the mo- tion was as follows: Yeas - Mayor MoWenhauer, Councilman Pregler. , Nays - Councilmen ,Bitter, Just- mann. Not voting - Councilman Thoms. Councilman Bitter moved that tbe recommendation nf the Plan- ning & Zoning Commission be over- ruled and referred for proper pro- cedure. Seconded by Councilman Justmano. The vote on the m~ tion was as follows: Yeas - Councilman Bitter, Just- mann. Nays - Mayor MoWenhauer, Councilman Pregler. Not voting - Councilman Thoms. March 9, 1972 To The Honorable Mayor and City Council The city electrical inspector has investigated street lighting along Asbury Road from University Ave- nue to the J.F.K. intersection. ' It is recommended that 30 new 175 watt mercury vapor lights be installed and that 21 incandescent 110 Special Session, March 13, 1972 4,000 lumen ligbts be removed. This proposal, if completed, will proWie necessary vapor lighting from its origin at University Ave- nue to tile city limits. Respectfully, Gilbert D. Cbavenelle City Manager Councilman Pregler moved adop- tion of the recommendation. Se- conded by Mayor MoWenhauer. Carried b7 the following vote: Yeas - Ma)"or Moldenhauer, C ou nc i 1m e n Bitter, Pregler, Thoms. Nays - Councilman Justmann. March 6, 1972 To the HlIDOrable Mayor aDd City Council I submit 10 :you the audit re- port of the Parting Facilities for the )"ear ending December 31, 1971. ReapectfuIIy submitted, Gilbert D. Chaveuelle City Manager Councilman Pregler moved that the report be received and filed. Seconded b)" Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. February 23, 1972 Honorable ]1(8)"01' aDd City Council On January 31, 1972, Mr. Ray- _d Harke)", Jr. of 727'ñ HilI Street, this city filed claim against the City of Dv1Jnque for damages to his motor vehicle in the amount of $240.00 and allegiDg said da- mages occurred on January 16, 1972 as the result of his striking an ic)" condition on the "S" curve on Kaufmann Avenue and further claimed said icy condition resulted from a fire hydrant. Tbis matter was referred to the appropriate City Agency who made an Investigation of this matter and reported by letter to this office of no Hability on the part of the City and in view of the forego- ing, it is the recommendatinn of the City Attorney that the claim of Mr. Raymond Harkey, Jr. be denied. ori¡lna1 claim js returned here- with. Respect!oIly submitted, R. N. Russo Citv Attorney Councilman Pregler moved ap- proval of the recommendation. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann. Pregler, Thoms. Nays-none. March 8, 1972 Hon. Mayor and City Council On 'May 26, 1971, Harriet C. But- ler of 1650 Schiltz Court, this city, through her attorney filed claim against the City of Dubuque claim- ing personal injuries allegedly suf. fered by her on April 2, 1970 as the result of a fall on a public sidewalk on the east side of Main Street in the area of 980 Main Street and thereafter, on March 25, 1971, said claimant's attorney filed notice of damages to said claimant in the amount of $1,200 ss the result of said alleged faIl and injuries. This matter was referred to the Cit)" Attorne)" who made an iovestigation of this matter and has conferred with claimant's at. torney and reviewed the medical bills and doctor's report. That of- fer of settlement of this claim in the amount of $500.00 has been made and it is the recommenda- tion of the Cit)" Attorney that said offer of settlement be accepted and that the City Auditor be in. structed to draw warrant payable to Harriet C. Butler and Laras Butler, her IlIIsband, in the amount of $500.00 and deliver same to the City Attorney for delivery upon receipt of duty executed release. Original claims are returned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor MoWenhauer, Councnmen Bit t e r, Justlnaun, Pregler, Thoms. Nays - None. Notice of Claim of Joseph M. Lovett, io and estimated amount of $92.00 plus, for personal pro- perty damage as the result of a broken water main fiooding the basement of his home at 1270 Rosedale on February 25, 1972, pre.- sented and rend. Councilman Bit- Special Session, March 13, 1972 ter moved that the notice of claim I' be referred to the City Solicitor for proper action. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Notice of claim of Carl R. Loi. bl, in the amount of $16-'8, for plumber expense incurred as the result of a leaky water meter gas. ket at his home at 2208 Rhom- berg Ave. on December 15, 1971, presented and read. Councilmao I Bitter moved that the notice of claim be referred to the City So- licitor for proper action. Carried by the following vote: Yeas - Mayor MoWenhauer. Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. ORDINANCE NO. 8-72. An ordinance defining food, po. tentially hazardous food, adulter. I oted, misbranded, food.service es- tablishment, temporary food.serv. ice establishment, hoalth authority, utensils, equipment, etc.; providing for the sale of only unadulterated, wholesome, property branded food;: Regulating the SOUrces of food: Establishing sanitation standards for food, food protection, food.ser. vice operations, food equ,ipment and utensils, sanitary facilities and controls, and other facilities: Requiring permits for the opera. tion of food-servica establishments: I Regulating the inspection of such establishments; Providing for the ¿xamination and condemnation of food: Providing for incorporation by reference of the 1962 Edlti.... of the "United States Public Health Service Food Service Sanitation Ordinance and Code"; and provid- ing for the enforcement of this ordinance, and the fixing of penal. ties, presented for the third reading, said Ordinance having been pre- I viously presented and read at Council meetings of February 28, 1972 and March 6, 1972. HI n,"" "e ""eOY,e".,ir",. ."', oror- P"'ed. """'"ed 'nd 'doPted thl, 13t" dey of Mo,.,", 1972. WaYne A. Mord"""",, M,yo, P""" "om, Ju"",,"" Sin" ATTEST, coun, Leo F. Fr-ommelt CIty cr". Pub/l'"ed Om",lIy In the TeI..,.",,- It"aid New"""" thl, '6th doy_", 1972. Leo F. F,omm.., City cr". ".3"16 Mayor Moldenhauer moved final adoption of the Ordinance. Second- ed by Councilman Justmano. Car- ried by the fallowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmano, Pregler, Thoms. Nays - None. Special Session, March 13, 1972 A proposed Ordinance amending Ordinance No. 66-70 to define terms pertaining to the municipal collec- tion of garbage and refuse was presented. Brenda Esser and At- torney Gary Norby requested that action on the proposed Ordinance be postponed to a later date. Councilman Pregler moved that the proposed Ordinance be referred to the meeting of April 17th. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Joho R. Hirsch re- questing a refund of $225. on the unexpired portion of Class B Beer Permit No. 101, as he has dis- continued business under the old license, 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, Thoms. Nays-None. Petition of Holiday Oil Distribut- ing Inc. requesting a refund of $875. on the unexpired portion of Liquor License No. C-6828, as they have discontinued business on Jan- uary 10, 1972, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Proof of Publication, certified to by the Publisher, of Legal Notice of public hearing on a resolution to proceed to exercise the powers granted by Chapter 403A of the Iowa Code, as Amended, on Motion without an Election, presented and read. Mr. Dave Bisenius, a local realtor, stated that in his opinion it would be just as well to apply for two hundred units in place of one hundred contemplated. Rev. Odden, Inagrace Thoms and Don Toom all spoke on the subject. 112 ORDINANCE NO. 14.72 An ordinance fixing and estab. lishlng fees for the issuance of permits for the operation of food service establishments, presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor MoWenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Councilman Bitter moved that the rule requiriog an Ordinance to be read au three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. OROINANCE NO. ,<-" A, Section ,. ThaI ea'" a..llea", for a .."",It to 0."'" a food ,",vice e,tabl""ment ,hall pay the "m of TwenN '52D.DO) Doll... oar yeac In advance. ¡IIRli .. .re,rer Thom, I J.,tma"" . B'It.. ATTEST, Lon F. Frommelt Cltv Crerk p",,"m'" offici"" In the Tel....",,- I..,ald News.aoa' th" "th day 01 March '9". Lon F. Frommelt CIN Cre<1< , 1.3-'. Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer Councilmen Bit t e r, Justmann; Pregler, Thoms. Nays - None. Special Session, March 13, 1972 113 ~e;,7 t~~"f.~~d~~~":.~~t:h~a:t c~~e I sidered by Mr. Wittenberg. Coun- cilman Pregler moved that the proof of publication 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. RESOLUTION NO. 72.72. To proceed to exercise the powers granted by Chaptar 4O3A of the Iowa Code, as amended, on motion without an election 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 Proceed in the manoer provided therein; and WHEREAS, the City Council of the City of Dubuque has caused a notice of this Resolution to be published on February U, 1972 in the Telegraph-Herald, a newspaper of general circulation in the City of Dubuque, Iowa, which publica- tion date is at least fifteen days prior to the meeting at which it is proposed to take action on the Resolution to Proceed; and WHEREAS, the scope of the property acquisition for the low- rent housing project or projects shall be SpeCiftcally limited in said Resolution; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- I BUQUE, IOWA: SECTION 1. That the City of Dubuque, Iowa, shall proceed with the use of dwelling units in existing structures to be leased from pri- vate owners. PaSSed, approved and adopted this 13th day of March, 1972. Wayne A. Moldenbauer Mayor WaIter A. Pregler Allan T. Thoms Joseph J. Bitter C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 73-72. Approving a,""'ication of the pro. visions of Section 23 of the United States Housing Act of 1937, as amanded, to the City of Dubuque, Iowa WHEREAS, under the provisions of Section 23 of the United States Housing Act of 1937, as amended, the United States of America, act- ing through the Secretary of Hous- ing and Urban Development, is authorized to provide financial as. sistance to local public housing agencies in providing low-rent housing by leasing dwelling units in existing privately-owned struc- tures; and WHEREAS, said Section 23 pro- vides that the provisions thereof shall not apply to any locality un- less the governing bOIiy of the locality has be resolution approved the application of such provisions to such locality; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section I. That the application of the provisions of Section 23 of the United States Housing Act of 1937, as amended, to the City of Dubuque, Iowa, is apprOVed. Passed, approved and adOpted this 13th day of March, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms Joseph J. Bitter C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the fOllowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. 114 Special Session, March 13, 1972 RESOLUTION NO. 74.72. que is submitting to the United Autl1orixing and directing the sub. States Department of Housing and mission of an application for a Urban Development an applica- low-rent housing program under tion for a Section 23 Leased Hous- Section 23 of the United States ing Project; and Housing Act of 1937, as amended WHEREAS the United States WHEREAS, the City of Dubuque Department 'of Housing and Ur- has found and determined that ban Development has adopted cer- there is a need for low.rent housing tain Project Selection Criteria to to meet certain needs not being evaluate all applications for low- adequately met by private enter- reut public housing; and prise within its area of operation; WHEREAS, the City of Dubu- now therefore, que has prepared certain State- BE IT RESOLVED BY THE ments of Iutent to comply with COUNCIL OF THE CITY OF DU- the aforementioned Project Selec- BUQUE, IOWA: tion Criteria; now therefore SECTION 1. That the Mayor of BE IT RESOLVED BY THE the City of Dubuque be and is COUNCIL OF THE CITY OF DU- hereby authorized aud directed to BUQUE, IOWA: execute and send to the United Section 1. That the Mayor be States of America an application and he is hereby authorized and for financial assistance for one directed to execute on behalf of hundred (100) dwelling units for the City of Dubuque, Statements occupancy by the elderly and the of Intent which are to accompany handicapped to be provided by an application for a Section 23 leasing privately owned housing Leased Housing Project. under Section 23 of the United Passed, approved and adopted ~:::~':."de:ousmg Act of 1937, as this 13th day of March, 1972. SECTION Th t th Cit M - Wayne A. Moldenhauer 2. a e Y ana Mayor ger b~ and is hereb! authorized Walter A Pregler and dlJ"ected to proVIde such ad- . ditional snpporting documentation ~an hT'J Th:~s which they may be required by osep. I er the United States Department of C. Robert Just!"ann Housing and Urban Development. Attest: Councilmen Passed, approved and adopted Leo F. Frommelt this 13th day of March, 1972. City Clerk Wayne A. Moldenhauer Mayor Councilman Pregler moved adop- Walter A. Pregler tion of the resolution. Seconded Allan T. Thoms by Mayor Moldeuhauer. Carried Jospeh J. Bitter by the following vote: C. Robert Justmann Yeas - Mayor Moldenhauer, Councilmen Councilmen Bit t e r, Justmann, Attest: Pregler, Thoms. Leo F. Frommelt Nays - None. City Clerk March 13, 1972 Councilman Pregler moved adop- To the Honorable Mayor tion of the resolution. Seconded and City Council by Mayor Moldenhauer. Carried I hereby submit the attached by the followmg vote: sheets No.1 to 13, inclusive, show- Yea~ - Mayor Moldenhauer, ing a schedule of the proposed CouncIlmen BIt t e r, Justmann, valuations and assessments for the Pregler, Thoms. City of Dubuque 1972 CONCRETE Nays - None. PAVING WITH INTEGRAL CURB RESOLUTION NO. 75-72 PROJECT NO.1. Authorizing the execution of state. I Submitted March 1.3, 1972. ments of intent to accompany an J?hn L. ~te, P. E. a,pplication for a Section 23 leased CIty Engmeer housing program I Councilman Pregler moved that WHEREAS, the City of Dubu- I the communication be received and Special Session, March 13, 1972 filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor MoWenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 76.72. BE IT RESOLVED BY THE OJ!I"Y COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the attacbed sheets No.1 to 13, inclusive, are bereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1972 CON- CRETE PAVING WITH INTEG- I RAL CURB PROJECT NO.1, aDd the valuations set out therein, are hereby approved. Adopted this 13th day nf March, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote; Yeas - Mayor MoWenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 77.72. Preliminary Estimate and ap- proval nf plans, specifications, form of contract plat and all other documents for construction of CITY OF DUBUQUE 1972 CON- CRETE PAVING WITH INTEG- RAL CURB PROJECT NO.1 on the following named streets: 1. Grandview Avenue from W.P.L. of Southern Avenue to the S.P.L. of Whelan Street 2. Tenth Street from W.P.L. nf Locust Street to the E.P.L. of Bluff Street and the Ninth and Bluff streets intersec- tion, at an estimated cost of $589,446.86, presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor MoWenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. U5 (Nec8$Slty for Imp-I RESOLUTION NO. 78-72. WHEREAS, proposed p I an.. specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City nf Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be assess. ed together with a valuation fixed by the council. 5. An estimate nf the cost of the proposed improvement. stating the same for each different type of construction and kind of mate. rial to be used. 6. In each case the amount there- of which is estimated to be assess- ed against each lot for the CITY OF DUBUQUE 1972 CON. CRETE PAVING WITH INTEG- RAL CURB PROJECT NO.1 1. Grandview Avenue - from the W.P.L- of Southern Avenue to the S.P.L. of Whelan Street. 2. Tenth Street - from the W.P.L. of Locust to the E.P.L. of Bluff Street and the Ninth and Bluff Streets Intersection. BE IT THEREFORE RESOLV. ED that the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the publlc welfare to make the herein men- tioned improvement, and unless property owners at the time nf the fioal consideration of this pro- posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they sball be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore 'by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in au amount not to exceed the amount Bloff Streets Intersection. and, WHEREAS, the proposed Resolu. tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public iospection, BE IT THEREFORE RESOLV- ED that on the 8th day of May 1972, a public hearing will be held at 7:30 o'clock P.M. C.D.T. in the Council Cbamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Ne- cessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to 'be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than (') weeks prior to the day fixed for its considera- tion and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on rec- ord its final decision thereon. Passed, adopted and approved this 13th day of March, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen 116' Special Session, March 13, 1972 proVIded by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion tc> the special benefits cooferred thereby, and any deficiency shall be paid out of the street food, Bonds shall be issued and soW in anticipation of deferred payments nf assessments when a contract bas been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assess- ed to and paid by the railway company. The above resolution ,was intro- duced, approved and ordered placed on file with the City Clerk this 13th day of March, 1972. Approved and placed on file for final action. Wayoe A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved ap- proval of the resolution. Seconded 'by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. (Fixing date of hearing) RESOLUTION NO. 79.72 WHEREAS, the City Council of the City of Dubuque, Iowa, bas by Resolution No. 77-72 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the CITY OF DUBUQUE 1972 CON- CRETE PAVING WITH INTEG- RAL CURB PROJECT NO.1 1. Grandview Avenue - from the W.P.L. of Southern Avenue to the S.P.L. of Whelan Street. 2. Tenth Street - from the W.P.L. of Locust to the E.P.L. of Bloff Street and the Ninth and Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Special Session, March 13, 1972 March 13, 1972 To the Honorable Mayor and City Council I hereby submit the attached sheets No.1 to " inclusive, sbowing a schedule of the proposed valua- tions and assessments for the City of Dubuque 1972 ASPHALT PAV- ING PROJECT NO.1. Submitted March 13th, 1972. John L. White, P.E. City Engineer Councilman Pregler moved that tbe communication be received and filed. Seconded by Mayor Molden- hauer. Carried by the fOllowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 80.72. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the attached sheets No.1 to " inclusive, are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1972 ASPHALT PAVING PROJECT NO.1, and the valuations set out therein, are hereby approved. Adopted this 13th day nf March, 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 Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 81.72. Preliminary Estimate and ap. proval of proposed plans, specifica- tions, form of contract, plat and all other documents for the con- struction of City of Dubuque 1972 Asphalt Paving Project No.1 on the following named streets: 117 1. Dubuque FlOodwall Streets. 2. Eagle Point Park Roadway. 3. Hillcrest Road from W.P.L. of Carter Road to W.P.L. of Lot 10 Block 11 of Hillcrest Heights. ,. John F. Kennedy Road widen- ing lanes at PennsYlVania Avenue. 5. University Avenue from W.P. L. of McCormick Street to E.P.L. of Gilliam Street. 6. Vernon Street from W.P.L. of Glen Oak Street to E.P.L. of Mt. Pleasant Street, at an estimat- ed cost of $288,760.56, presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the fallowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. (Necessity for Improvement) RESOLUTION NO. 82,12. WHEREAS, proposedp I a n s, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the, office of the City Clerk showing among other things the following: 1. The assessment limits if any. 2. The streets to be improVed. 3. The width nf such improve- ment. ,. Each lot proposed to be assess. ed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind nf mate- rial to be used. 6. In each case the amount there- of which is estimated to be assess- ed against each lot, for the CITY OF DUBUQUE 1972 AS- PHALT PAVING PROJECT NO. 1 1. Dubuque Floodwall Streets 2. Eagle Point Park - Roadway 3. Hillcrest Road - from the W.P.L. of Carter Road to the W.P.L. of Lot 10 of Block 11 of Hillcrest Heights. ,. John F. Kennedy Road - widening lanes at Pennsylvania Avenue. 5. University Avenue - from the W.P.L. of McCormick Street to the E.P.L. nf Gilliam Street. 118 Special Session, March 13, 1972 6. Vernon Street - from the I W.P.L. of Glen Oak Street to the E.P.L. of Mt. Pleasant Street. BE IT THEREFORE RESOLV. ED that the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this pro. posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street food. Bonds sbaIl be issued and soW in anticipation of deferred pay- ments of assessments wheo a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assess- ed to and paid by the railway company. The above resolution was intro- duced, approved and or d ere d placed on file with the City Clerk this 13th day of March, 1972. Approved and placed on file for final action. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann .Joseph J. Bitter Councilmen Attest: Leo F. FrommeJt City Clerk Councilman Pregler moved ap- proval of the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor MoWenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. (Fixing date of hearing) RESOLUTION NO. 83.n. WHEREAS, the City Council of City of Dubuque, Iowa, has by Resolution No. 81-72 given its pre- liminary 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 CITY OF DUBUQUE 1972 AS- PHALT PAVING PROJECT NO. 1 1. Dubuque Floodwall Streets 2. Eagle Point Park - Roadway 3. Hillcrest Road - from the W.P.L. of Carter Road to the W.P.L. of Lot 10 of Block 11 of Hillcrest Heights. ,. John F. Kennedy Road - widening lanes at Pennsylvania Avenue. 5. University Avenue - from the W.P.L. of McCormick Street to the E.P.L. of Gilliam Street. 6. Vernon Street - from the W.P.L. of Glen Oak Street to the E.P.L. of Mt. Pleasant Street. WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLV- ED that on the 8th day of May, 1972, a public hearing will be held at 7:30 o'clock P.M. C.D.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Ne- cessity 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 Special Session, March 13, 1972 the city of Dubuque, the last of BE IT RESOLVED BY THE which shall be not less than two CITY COUNCIL OF THE CITY (2) nor more than four (4) weeks OF DUBUQUE, IOWA: prior to the day fixed for its con. Section I. That the City Clerk sideration and unless property own- be and he is hereby authorized ers at the time of final considera- and directed to publish "Invitation tion of said resolution have on for Bids" for Demolition contract file with the Clerk objections to No. 1-72 for the demolition and the amount of the proposed assess- site clearance of certain parcels ment, tbey shall have been deemed of real estate in the Downtown to have waived all objections there- Urban Renewal Project, Iowa R-15, to, at which hearing the CounciJ in the form of Exhibit "A" attacb- will hear such objections and enter ed hereto and made a part hereof. on record its final decision thereon. Passed, adopted and approved Passed, adopted and approved this 13th day of March, 1972. this 13th day of March, 1972. Wayne A. Moldenhauer Wayne A. Moldenhauer Mayor Mayor Walter A. Pregler Walter A. Pregler Allan T. Thoms Allan T. Thoms C. Robert Justmann C. Robert Justmann Joseph J. Bitter Joseph J. Bitter Councilmen Attest: Attest: Leo F. Frommelt Leo F. Frommelt City Clerk City Clerk Councilman Pregler moved adop- INVITATION FOR BIDS tion of the resolution. Seconded DEMOLITION CONTRACT by Mayor Moldenhauer. Carried NO. 1-72. by the following vote: The City of Dubuque, State of Yeas - Mayor Moldenhauer, Iowa, will receive sealed proposals Councilmen Bit t e r, Justmann, for demolition of buildings and Pregler, Thoms. structures and site clearance for Nays - None. the Downtown Urban Renewal Pro- Ject, Iowa R-15, until 10 o'clock RESOLUTION NO. 84-72. A.M. C. D. T. on May 12, 1972, AUTHORIZING THE ADVER- at the Office of the City Clerk, TISING OF BIDS FOR THE DE- CIty Hall, 13~ aud Iowa, D~buque, MOLITION AND SITE CLEAR- Iowa, at which tIme all bIds w~ ANCE OF CERTAIN PARCELS be pul>licly opened and read m OF REAL ESTATE IN THE Council ~hambers. This proJect DOWNTOWN URBAN RENEWAL wil~ consIst of apprOJamately. 5 PROJECT IOWA R-15 maJor buildmgs and all othe~ Im- WHEREAs, the City of Dubuque ~:o~~:::~~le~reo~o J:: ~~~Oltshed under date of July 26, 1967, entered Contract Documents, including mto a Loan and Calntal Grant drawings, technical drawings and Contract wIth the Umted States forms are on file with the Director of America providi~g for financial of Urban Renewal. assistan~e to the CIty ?f Dubuque Copies of the Contract Docu. under Title I of Housmg Act of ments may be obtained by deposit- 1949, as amended, for the under- ing $10.00 with the Director of takmg of tbe Downtown Urban Urban Renewal, Snite 10-B Fischer Renewal ProJect Iowa R-15; and BuiJding, Dubuque, Iowa, for each WHEREAS, the City of Dubuque set of documents so obtained. Each pursuant to such contract and to such deposit will be refunded if implement the Urban Renewal the documents are retnrned in gOod Plan for the Project Area has ac- condition within 10 days after bid quired and is acquiring certain opening. parcels of real estate; and A certified check or bank draft, WHEREAS in order to provide payable to the order of the City cleared land for redevelopment and of Dubuque, negotiable U.S. Gov- for certain publlc improvements; ernment bonds, or a satisfactory now therefore Bid Bond executed by the Bidder 119 and an acceptable surety, in an amount equal to ten percent (10%) of the estimated cost of Demolition and Site Clearance exclusive of any deductions for salvage, shall I be submitted with each bid. The successful Bidder will be required to furnish and pay for satisfactory performance and pay- , ment bond or bonds. ' Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project, and the successful Bidder will be requIred to provide a written Affirmative Action Program. The City of Dubuque reserves the right to reject any or all Bids or to waive any informalities in the bidding. Bids may be held by the City of Dubuque for a period not to exceed thirty (30) days from the date of the opening of Bids for the purpose of reviewing the Bids and investigating the qualifications of the Bidders, prior to awarding of the Contract. CITY OF DUBUQUE Date: April 25, 1972. Leo F. Frommelt City Clerk Mayor Moldenhauer moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 85.72. Preliminary Estimate and ap- proval of plans, specifications, form of contract, estimates, plat and all other documents for con- struction of Intersection of U.S. Illghway 20 and J.F. Kennedy Road Siguslization and lighting, at an estimated cost of $51,926.3', pre- sented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmeu Bit t e r, Justmann, Pregler, Thoms. Nays - None. (Necessity for Improvement) RESOLUTION NO. 86-72. WHEREAS, proposed p I a n s, Special Session, March 13, 1972 specifications, form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for the INTERSECTION OF U.S. IDGH. WAY #20 AND JOHN F. KEN- NEDY ROAD, SIGNALIZATION AND LIGHTING BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition of property owners, deems it advis- ahle and necessary for the public welfare to make the hereinmen- tioued improvement, and unless property owners at the time of the fiual consideration of this pro- posed resolution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Road Use Tax Fund. The above resolution was intro- duced, a p pro v e d, and ordered placed on file with the City Clerk this 13th day of March, 1972. Approved and placed on file for final action. Wayne A. Moldenhauer Mayor Waiter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved ap- proval of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. 120 Special Session, March 13, 1972 (FIXING DATE OF HEARING) RESOLUTION NO. 87.72. 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 inspectiou for the INTERSECTION OF U.S. IDGH. WAY #20 AND JOHN F. KEN- NEDY ROAD, SIGNALIZATION AND LIGHTING BE IT THEREFORE RESOLV- ED that on the 17th day of April, 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 proposed plans and specifications and pro- posed form 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 pub. lished in some newspaper publish- ed 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 coustruction I nf the aforementioned improve- ment. Passed, adopted and approved this 13th day of March, 1972. Wayoe A. Moldenbauer Mayor Walter A. Pregler Allan T. Tboms C. Robert Justmann Joseph J. Bitter Councilmen which was duly passed by this Council for the INTERSECTION OF U.S. IDGH- WAY #20 AND JOHN F. KEN- NEDY ROAD, SIGNALIZATION AND LIGHTING be and the same are hereby order- ed and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Road Use Tax Fund. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the Con- struction of the various improve. ments herein provided for in the manner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 13th day of March, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the fallowing vote: Yeas - Mayor MoWenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. (ORDERING CONSTRUCTION) RESOLUTION NO. 88-72. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a Resolution of NecessIty No. 86-72 , Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman BItter. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 89.72. NOW, THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Mayor and City Clerk be and they are hereby authorized and directed to execute agreements dated 13 of March, 1972 with Iowa State Illghway Commission, a copy of whicb Agreements are attached, 121 excess of $300,000, be approved; and WHEREAS, the City Council of City of Dubuque, Iowa, has ex- amined said application and said recommendation by the MAYOR'S INDUSTRIAL COMMITTEE and find that the sale of said real estate shouW be approved; and WHEREAS, said real estate sought to be purchased by From- melt Industries, Inc. of Dubuque, Iowa is described and known as: Lot 3, Block U, "Riverfront Sub- division No.3" in the City of Du- buque, Iowa, containing approxi- mately one acre, subject to exist- ing easements NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the application of Frommelt Industries, Inc. of Dubuque, Iowa to purchase a par- cel of real estate iu the City of Dubuque, Iowa which real estate is described and known as: Lot 3, Block U, "Riverfront Sub- division No.3" in the City of Du- buque, Iowa, containing approxi- mately one acre, subject to exist- ing easements be and the same is hereby ap- proved upon the following terms and conditious: 1. That said real estate be sold to Frommelt Industries, Inc. for the constructiou thereon of a new building containing approximately 34,000 square feet and costing in excess of $30,000. 2. That the sale price for said real estate shall be $.20 per square foot in the total amount of Eight Thousand Seven HW1dred Twelve ($8,712.00) Dollars for the acre and the receipt of Eight Hundred ($800.00) Dollars as down payment is herewith acknowledged by the City. 3. That construction of said build- iug shall be commenced within one (1) year of adoption and the passage of this Resolutiou and shall be completed within two (2) years of delivery of deed, and upon fail. ure so to do by the Frommelt Industries, Inc., purchaser, said real estate shall automatically re- vert to the City of Dubuque, Iowa and purchase price, less damages, shall be refW1ded to the purchaser. 122 Special Session, March 13, 1972 respecting the financing, planning, establishment, improvement, main. tenance, use on regulation of pub. lie improvement in their respective jurisdiction, and it is the judgment of the parties that traffic signals be installed, in accordance with the fiscal 1970 Cooperative City Traffic Signal Program, at the in- tersection of U.S. Highway #20 and Joho F. Kennedy Road and Uuiversity Avenue. Passed, approved and adopted this 13th day of March, 1972. Wayue A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Couucilmen Attest: Leo F. Frommelt City Clerk I, Leo F. Frommelt, Clerk of the City of Dubuque, Iowa, do hereby Certify the foregoing to be a true and correct copy of a Resol- ution Adopted by the City Council of the City of Dubuque, Iowa at a meeting on the 13th day of March, 1972, that said Resolution is still in effect; that the Agree- ment referred to herein, attached thereto, is in the form executed. Witness the seal of the said City of Dubuque, Iowa and my signa- ture this 13th day of March, 1972. Leo F. Frommelt City Clerk Councilman Pregler moved adop- tiou of the resolutiou. Seconded by Councilman Bitter. Carried by I the followiug vote: Yeas - Mayor Moldenhauer, CoW1cilmen Bit t e r, Justmano, Pregler, Thoms. Nays - None. RESOLUTION NO. 90-72. WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, com- posed of Dr. Wayne Moldenhauer, Mayor, Joseph R. Voelker, chair- mau of Dock Board, and Robert E. Dorothy, Manager of Dubuque Industrial Bureau, have recom- mended to the City Council of Du- buque, Iowa, that the application to purchase certain real estate by Frommelt Iudustries, Inc. of Du. buque, Iowa for the purpose of coustructing aud erecting thereon a building coutaining approximate- ly 34,000 square feet, costing in Special Session, March 13, 1972 123 ,. That the construction of all Earl E. Sehumacher, 221M Central buildings, yards, parking I a t s, Avenue fences and ancillary improvements Passed, adopted and approv<!d shall be constructed in conform- this 13th day of March, 1972. ance with existing City codes, and Wayne A. Moldenhauer mannfacturing processes carried MayOr oat in accord with City ordinances. Walter A. Pregler 5. That the City of Dubuque, Allan T. Thoms Iowa retains a perpetual easement C. l\obert J\lstml\l\I1 for existing waterlines, existing Joseph J. Bitter sanitary sewer and storm sewer Councilmen lines and for utilities together with Attest: right of ingress and egress to re- Leo F. Frommelt pair, inspect and maintain the City Clerk same. Councilman Bitter mOVed adop. 6. That all utilities and services tion of the resolution. Seconded to proposed buildings be connected by Mayor Moldenhauer. Carried at buyer's expense. by the following vote: SECTION 2. That the City Clerk Yeas - Mayor MoWenhauer, be and he is hereby authorized Councilmen Bit t e r, JuatJnlUlJ1, and directed to publish notice of Pregler, Thoms. intent to dispose of interest in real Nays - ,None. estate as is by law requIred. RESOLUTION NO. 92-72- Passed, approved and adopted WHEREAS, applications for Beer this 13th day of March, 1972. Permits were filed by the within Wayne A. MoWenbauer named applicants and they bave I Mayorl received the approval nf this Conn- Wa ter A. Preg er cil and Allan T. Thoms WHEREAS, the premises to be C. Robert J~stmann occupied by such appU""nt¡¡ were Joseph J. Bltte.r inspected and foUnd to comply with Councilmen the ordinances of this City and Attest: they bave filed proper hands; Leo F. Frommelt NOW THEREFORE BE IT RE- City Clerk SOLVED hy the City Council nf Cooncilman Bitter moved adop. the City of Pubuque, Iowa, that tion of the resolution. Seconded the Manager be auth<1Tized to cause by Councilman Pregler. Carried to be issued to the following named by the following vote: applicants a Beer permit. Yeas - Mayor Moldenhauer, CLASS "B" BEER PERMIT Councilmen Bit t e r, Justmann, Aristo Foods of Iowa, Inc., 1111 Pregler, Thoms. Dodge Street Nays - None. CLASS "C" BEER PERMIT Phillip Langas, 1105 Loras Blvd. RESOLUTION. Nt? 91.72. William J.B. White, 1993 Asbury WHEREAS, applications for Beer Street Permits have been submitted to Earl E. Schumacher 221M Ce1\tral this Council for approval and the Avenue ' same have been examined; NOW BE IT FURTHER RESOLVED THEREFORE, that the bonds filed by such appli- BE IT RESOLVED by the City cants be and the same are hereby Council of the City of Dubuque, approved. Iowa, that the following applica- Passed adopted and appr<>ved tions be granted and licen~es is- this 13th day of March, 1972. sued upon the compliance Wlth the Wayne A. Moldenhauer terms of the ordinances of the Mayor City. Walter A. Pregler CLASS "B" BEER PERMIT Allan T. Thoms Aristo Foods of Iowa, Inc., 1111 C. Robert Justmann Dodge Street Joseph J. Bitter CLASS "C" BEER PERMIT Councilmen Phillip Langas, 1105 Loras Blvd. Attest: William J.B. White, 1993 Asbury Leo F. Fr<>mmelt Street City Clerk t I f ;¡¡ ~ nances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor permit. CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE Melvio L. or Leonette Kreiman, 2222 Central Avenue George and Mary Lou Sorenson, 1105 University Avenue CLASS "B" (HOTEL) BEER & LIQUOR LICENSE Joho P. Page, 200 Main Street Passed, adopted and approved this 13th day of March, 1972. Wayoe A. MoWenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Adopted """"""""'....00.....000000......1972 124 Special Session, March 13, 1972 125 Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor MoWenhauer. Carried I by the following vote: Yeas - Mayor MoWenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 93.72- , 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 City of Dubuque, Iowa, that the following applicatiOlls be grant. ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT - CHAPTER 131 - as amended by the Mth General Assembly, 1971. CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE Melvin L. or Leonette Krelman, 2222 Central Avenue George and Mary Lou Sorenson, 1105 University Avenue CLASS "B" (HOTEL) BEER & LIQUOR LICENSE Joho P. Page, 200 Main Street Passed, adopted and approved this 13th day of March, 1972. Wayoe A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor MoWenhauer. Carried by the following vote: Yeas -Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 94-72 WHEREAS, applications for Liq- uor permits were filed by the with- in named applicants and they bave received the approval of this Coun- cil, and , WHEREAS, the premises to be occupied by such applicants were inspected and foIlnd to comply with the State Law and all City ordi- Special Session, March 13, 1972 Passed, adopted and approved this 13th day of March, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen hauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Leo F. Frommelt City Clerk Attest: Leo F. Frommelt City Clerk Mayor Moldenhauer moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Attorney Rus- so being of the opinion that if the Council determines to permit use as petitioned for by Mercy i Medical Center an appropriate Or- dinance can be drawn but will have to be a little more extensive and contain a number of safe- guards therein, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Molden- Approved 00"'..0000..0000..00.....00"..00.00.1972 Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by the following vote: Yeas - Mayor MoWenhauer, Councilmen Bit t e r, Justmano, Pregler, Thoms. Nays - None. ..0000..00"""......00".....00..00.....00..00..00.0000... Councilmen Attest: ""'00"""""0000"""'00""'00""""00'" City Clerk RESOLUTION NO. 95.72- WHEREAS, the Intergovern- mental Fiscal Cooperation Act eliminates many municipal cor- porations from receiving their just due; and WHEREAS, the concept of Fed- eral Revenue Sharing has been endorsed by all subdivisions of gov- ernment; and WHEREAS, all citizens are en- titled to benefit from this act. NOW, THEREFORE, BE IT RE- SOLVED that the (city of) Du- buque in Dubuque County, Iowa, requests the act be amended to include all cities and towns not- withstanding population. BE IT FUBTHER RESOLVED, that the (city of) Dubuque in Du- buque County, Iowa, urges the Iowa Congressional Delegation to unite and provide the bipartisan leadership needed to successfully promote this amendment. SpéCial Session, March 15, 1972 Commission that the plat be ap. proved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Acting City Planner Councilman Pregler moved ap- proval of the recommeudation and same be received and filed. Se- conded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor MoWenhauer, Councilmen Bitter, Pregler, Thoms. Nays-None. Absent - Councilman Justmann. RESOLUTION NO. 96-72. RESOLUTION APPROVING THE PLAT OF Blocks A.A, 10-A, ll-A and 12 each in "Key Knolls Sub- division" IN THE CITY OF DU- BUQUE, IOWA WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Blocks A-A, IO-A, ll-A, and 12 each in March U, 1972 "Key Knolls Subdivision" in 1:;he City of Dubuque, Iowa, by Hill- Honor~b1e Mayor and crest Builders, Inc; and Council Members. . WHEREAS, upon said plat ap- The City Plannmg and Zo~g pear streets to be known as Nor- Commission has reviewed the fmal land Drive, PhyIlrich Drive and plat of Block A-A, Block 10-A, Keystone Drive, together with cer. Block ll-A and Bl?,,!,. 12,. each tain public utility easements which in Key Knolls SubdiVIsIon m the the Owners by said plat have ded- City of Dubuque, Iowa. icated to the public forever; and The Commission had ea~lier re- WHEREAS, said plat has been jected this plat for its failure to examined by the City Planning conform with the intent of the and Zoning Commission and had proposed Zoning Ordinance.. After its approval endorsed thereon; and further study of the ar~a,.lt was WHEREAS, said plat has been the opinion of the .ComIUlss.l~n t~at examined by the City Council and the proposed zonmg classifICation they find that the same conforms of the property shown on the at- to statutes and ordinances relating tached map be changed from R.-5 thereto, except that street grades to R-3. This proposed change will have not been established, the decrease the den.slty of future de- streets brought to grade, or paving, velopment and v.¿n support ~ more sewer or water installed; acceptable traffic ~attern m the NOW THEREFORE, BE IT RE- Key Knolls a~a. This change ~lso SOLVED BY THE CITY COUNCIL makes the fmal plat ~ompatlble OF THE CITY OF DUBUQUE, with the proposed Zon1ng Ordi- IOWA: nance. SECTION 1. That the dedications The Commission has found that of Norland Drive, PhyIlrich Drive the final plat of Block A.A, Block and Keystone Drive, together with 10-A Bock ll-A and Block 12 in the easements for public utilities Key' Knolls Subdivision conforms as the same appear upon said to the preliminary pl~t. for tblS plat, be and the same are hereby area and meets the mIDlmum reo accepted; quiremnts of the Subdivision Ordi- SECTION 2. That the plat of nance. Blocks A-A, 10-A, ll-A and 12 each It Is the recommendation of the in "Key Knolls Subdivision" in the 126 CITY COUNCIL (OFFICIAL) Special Session, March 15, 1972. Council met at 4:30 P.M. (C.S.T.) Present - Mayor Moldenhauer, C" u n cll m e n Bitter, Pregler, Thoms. City Manager Gilbert D. Cbav_lIe. Absent - Councilman Justmann Mayor Moldenhauer read the call and stated that service thereof had been duly made and this meeting is called for the purpose of ADOPT- ING A RESOLUTION APPROV. ING THE PLAT OF BLOCKS A-A, 10-A, ll-A and 12 EACH IN KEY KNOLLS SUBDIVISION and acting upon such other business as may properly come before a regular meeting of the Council. Special Session, March 15, 1972 City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are here- by authorized and directed to en- dorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said prop- erty herein named, execute tbeir written acceptance hereto attacbed agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter aud to hard surface Noriand Drive, PhyIlrich Drive and Key- stone Drive with bituminous can. crete, or with concrete paving with I integral curb, all in accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accor- dance with plans submitted with tbe plat; d. To install storm sewers and catchbasins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City En- gineer and the City Manager; f. To construct the foregoing im. provements in accordance with plans aud specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoing im- provements for a period of four (') years from the date of their acceptance by the City of Dubuque, Iowa; h. To provide the foregoing con- , struction and maintenance at the sole expense of the Subdivider, Hillcrest Builders, Inc., as owner: i. To construct said improve- ments, except sidewalks, prior to March 13, 1974, and to construct the sidewalks prior to March 13, 1976; and further provided that said Hillcrest Builders, Inc., as owner I of said Subdivision, secure the per- formance of the foregoing condi- tions by providing security in sucb form and with such sureties as may be acceptable to the City Manager. SECTION 3. That in the event Hillcrest Builders, Inc., shall fail to execute the acceptance and fur- nish the security provided for in Section 2 hereof within '5 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. PASSED, ADOPTED AND AP- PROVED by unanimous recorded roll call this 15th day of March, A.D., 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 96-72. We, the undersigued, Hiilcrest Builders, In"-, having read the terms and conditions of the fore- going Resolution No. 96-72 and being familiar with the conditions thereof, hereby accept the same , and agree to perform the condi- I tions required therein. Dated at Dubuque, Iowa, this 18th day of April, 1972 TO: Leo F. Frommelt City Clerk This is to certify that the secu- rity provided by the foregoing RE. SOLUTION NO. 96-72 has been fur- nished by the owners. Dated at Dubuque, Iowa, this 18th day of April, 1972 Gilbert D. Chavenelle, City Manager Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Moldenhauer, Coun- cilman Bitter, Pregler, Thoms. Nays-None. Absent-Councilman Justmann. At 5:10 P.M. Council Pregler moved that the Council go into an executive session to discuss a personnel matter. Seconded by Mayor Moldenhauer. Carried by the fallowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Pre g I e r, Thoms. Nays - None. Absent - Councilman Justm.nn. 127 128 Special Session. March 15, 1972 Councilmen Bitter, Pre g I e r, Thoms. Nays - None. Absent - Councilman Justmann. Leo F. Frommelt City Clerk The Council reconvened in regu- lar session at 5:25 P.M. upon mo- tion of Councilman Thoms and se- conded by Councilman Pregler with the following announcement, after being carried by the following vote: Yeas - Mayor MoWenhauer, Councilmen Bitter, Pre g I e r, Thoms. Nays - None. Absent - Councilman Justmann. The Council in its executive ses- sion considered information relat- ing to dispatching City personnel beyond the City Limits, to render public service. While the subject matter as considered by the Coun- cil may be considered as subject matter for executive session to pro- tect the identity of the informant the City Council determined that the subject matter be of public inerest. There being no further business Councilman Bitter moved to ad- journ. Seconded by Councilman Pregler. Carried 'by the following vote: Yeas - Mayor Moldenhauer, Approved .00........00.........................1972 Adopted .........................00....00.......1972 """""""""""""""",_""'00"""""""'" ...............00........"""""""""""""""'" ...................00....."""""""""""""""" """"""""""""00"""""""""""""""" Councilmen Attest: """"""""ciÏŸ"ëi;~k""""""" Special Session, March 20, 1972 CITY COUNCIL Mayor MoWenhauer submitted the name of Naomi Buelow to the Board nf Zoning Adjustment for a five year term to 3-5-77, Mayor Moldenhauer moved the appoint- ment. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Justmann, Pregler, Thoms. Nays ~ None. Not Voting - Councilman Bitter. Councilman Bitter moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Mr. Robert Runde addressed the Council as being opposed to the removal of Emil Stackis from the Board of Zoning Adjustment and took it as a slap against organized labor. Mike Stackis stated that he was not given an OPPOrtunity to stay on or refuse. The Human Rights Commission submitted their report to the Coun- cil. Various members nf the Com- mission expressed their gratitude to the Council members for their fine cooperation. Communication of Dub u que County Democratic Club endorsing regulation nf sigus and billboards as presented by Dubuque Environ- mental COOrdinating Committee to be used in the proposed new zoning Ordinance, presented and read. Councilman Pregler moved that the communication be received and filed and referred to the Council. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication nf Allan E. Sig- man et us objectiog to establish- ment and zoning of the property at 2615 Hillcrest Road for a funeral home under the new proposed zon- ing Ordinance, presented and read. Councilman Pregler moved that the communication be received and filed and referred to the Council. Seconded by Councilman Bitter. Carried by the fallowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Social Action Commission of Dubuque Council of Churches commending the City Council in providing a beneficial environment for the citizens of the City through good comprehensive planning, more particularly in re- lation to billboards and sigus, pre- sented and read. Councilman Preg- ler moved that the communication be received and filed and referred to the Council. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. (OFFICIAL) Specia' Session, March 20, 1972- Council met a,t 7:30 P.M. (C.S.T.) Present - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. City Manager Gil. bert D. Chaveneile. 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 TO AMEND THE CURRENT BUD- GET BY INCREASING EXPEN- DITURES IN THE AMOUNT OF $600. IN THE RECREATION FUND and acting upon such other' business as may properly come before a regular meeting of the Council. Mayor MoWenhauer submitted the name of James Collins to fill the unexpired term of Malachi Duncan to the Human Rights Com- mission to 1-1-73. Councilman Preg- ler moved confirmation of the ap- pointment. Seconded by Council- man Bitter. Carried by the follow- in~e::te:.... Mayor Moldenhauer, I Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. 129 130 Special Session, March 20, 1972 Mayor's weekly report letters to Heitzman Construction Co, United the Council dated March 19, 1972, Pacific Insurance Co. presented for the record. Council- Respectfully, man Pregler moved that the report Gilbert D. Chavenelle be received and filed. Seconded City Manager by Mayor Moldenhauer. Carried . by the following vote' Councllman Pregler moved for Yeas - Mayor Moldenhauer, filing of the policy and b?nds sub- Councilmen Bit t e r Justmann )ect to approval of the CIty Attor- Pregler, Thoms.' ' ney. Seconded by Mayor Moldeu- Nays - None. hauer. CarrIed by the followmg vote: March 16, 1972 Yeas - Mayor Moldenhauer. To the Honorable Mayor Councilmen Bit t e r, Justmann, and City Council Pregler, Thoms. I herewith submit the reports Nays - None. of the City Treasurer, City Auditor March 15 1972 and Health Department for the Honorable Mayor and City C;"ncil month of .Febru~ry 1972, and a On February 10, 1972, Laurine list of claIms paId. Danglemeyer of 710 Fenelon Place ~~SbP~~llYCh' II this city, filed claim against th~ e . . avene e City of Dubuque, in the amount CIty Manager of $90.64 alleging damages to prop- Councilman Pregler moved that erty owued by her at 2396 Central the communication be received and Avenue, Dubuque, Iowa as the re- filed. Seconded by Mayor Molden. suit of o~erf1ow from a city ~y- bauer. Carried by the following draut durmg the course of handling vote: of a fire at the Interstate Power Yeas - Mayor Moldenhauer, C?mpany garage by the Dubuque Councilmen Bit t e r Justmano Fll"e Department on January 24-25, Pregler, Thoms.' ' 1972. Nays - None. This matter was referred to the March 13 1972 appropriate City Agency and the To the Honora'ble Mayor' City Attorney was advised by letter and City Council \ dated March U, 1972 that said I submit the audit report of the claim had been satisfied in full. Municipal Sewage Disposal Works In view of the foregoing, it is for the year 1971. the recommendation of the City Respectfully, Att~rney that. the claim filed Gilbert D. Chavenelle agamst the CIty of Dubuque by City Manager Laurine Danglemeyer be denied. Councilman Pregler moved that ~:ginal claim is herewith return- the communicatiou be received and' Respectfully submitted filed. Seconded by Mayor Molden- R N Russo ' ~~~::r. Carried by the following .' City Attorney Yeas - Mayor Moldenhauer, Mayor Moldenhauer moved that Councilmen Bit t e r, Justmann, the communication be received and Pregler, Thoms. filed. Seconded by Couucilman Nays - None. Thoms. Carried by the following March 16, 1972 vo~~as - Mayor Moldenhauer, To the Honorable Mayor Councilmen Bit t e r Justmann and City Council, Pregler Thoms' ' This is to advise that I have NayS' - Non~ approved the following policy and . bonds, and desire to have your March 16, 1972 approval on same. Honorable Mayor & City Council COMPREHENSIVE LIABILITY On February ~, 1972, Laverne Tri-State Paving Company, Bitum- B. Hoff of 2899 Windsor Avenue, inous Casulaty Corporation this city, filed claim against the SIDEWALK BOND City of Dubuque in no specified William Spiegel, Grinnell Mutual amount and claiming damages as Reinsurance Co. the result of a sewer ,back up Special Session, March 20, 1972 at his home at said address on the 31st day of January, 1972. This matter Was referred to the appropriate City Agency who made an investigation of said claim and has made report to this office by letter dated March 13, 1972 of no liability on the part of the City, and in veiw nf the foregoing, it is the recommendation of the City Attorney that the claim of Laverne B. Hoff be denied. Original claim is returned here. with. Respectfully submitted, R.N. Russo City Attorney Mayor Moldenhauer moved that the communication be received and flled. Seconded by Councilman Thoms. Carried by the fOllowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. March 17, 1972 Honorable Mayor & City Council On March 6, 1972, Carl R. Loibl of 2208 Rhomberg Avenue, this city, filed claim against the City of Dubuque in the amount nf $16-'8 claiming damages which occurred on December 15, 1971 and rep- resented plumber's charges to re- pair a gasket in the water meter in his basement which he bumped while cleaning the basement. This matter was referred to the appropriate City Agency who made an investigation thereof and made report of their findings by letter dated March 13, 1972 of no liability on the part of the City, and in veiw of the foregoing it is the recommendation of the City Attor- ney that the claim of Carl R. Loibl be denied. Original claim is returned here- with. RespectfuIIy submitted, R.N. Russo City Attorney Mayor Moldenhauer 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. 131 March 17, 1972 Honorable Mayor '" City Council At your meeting of March 13, 1972 the matter of rezoning nf a parcel of real estate described as !!.290 Asbury Road, Dubuque, IOwa from its Single Family District classification to Multi-Family Zoo, ing to allow professional nffice 0c- cupancy came to the Council upon the recommendation of the Plan- ning and Zonil1g Commission rec- ommending that said real estate remain in the Single Family Dis. trict classification. In voting thereon, one of the Council members abstained from voting so that the resulting vote of the Councilmen was two and two, pro and can, relating the roc. ommeDdation of the Planning and Zoning Commission and, accord- ingly, same fails for lack of a majority vote. Then the motion was made that the recommendation of the Plan- ning and Zoning Commission be referred to the City Attorney for proper proceedings aDd that said vote, the said Councilman ""stain- ed from voting and that the result- ing vote was two and two, pro and can, thereby causing said mo- tion to fail for lack of a majority vote. Section 366.' of the 1971 Code of Iowa provides as follows: "MAJORITY YOTE. No resolu- tion or ordinance except as spec- ifically provided by law, shall be adopted without a concurrence of a majority of the whole number of members elected to the Council by call of the yeas and l1ays which sball be recorded." In view of the foregoing, it ap- pears that both of said Motions hereinabove referred to failed for lack of a majority nf the con- currence therein of the elected members of the Council. Respectfully submitted, R.N. Rnsso City Attorney Councilman Bitter moved con- currence and the communication 'be made a matter of record. Se- conded by Councilman Pregler. Carried by the fOllowing vote: Yeas - Mayor MoWenhauer, COUliCilmen Bit t e r, Justmann, Pregler, Thoms. Nays"'" None. 132 Special Session, March 20, 1972 , March 17, 1972 Honorable' Mayor" City Council I On May 7, 1972, Calista M. Lake- man and Joseph A. Lakeman com. meneed an action against the City of Dubuque, Iowa and Key Apart- moots of Dubuque, Inc. claiming damages ÌII the amount of $12,500.00 for injuries to Calista M. Lakeman and damages in the amOunt of $2,500.00 claimed by Jos- eph A. Lakemàn claiming that on or about February 7, 1971, Calista Lakeman fell on an alleged snow covered sidewalk abutting prop. ecty known as 333 West 17th Street owned by the Key Apartments of Dubuque, Inc. 1 This, matter, has been set for trial and the plaintiffs bave made an offer of settlement ÌII' the amount of $3,000.00. That the plain- tiff, has inCurred hospital and med. ical expenses of,' $M5.21 and has I suffered loss !If wages in the total amount of $72'.50 and that plaintiff inegedly ~red a fracture of the right, h¡1merus. It is proposed that the City of Dubuque pay the sum of $1,500.00 and the owners of the abutting Pl"operty pay an equal share and it is proposed that carrier for the property owners of the public side- walk Milwaukee Mutual Insurance Company shall pay the settlement amount in foil at this time and that the City confess judgment for its share In the amount of $1,500.00 at no interest which shall be pay- able on or before January 15,1973. It is also recommended that the City pay its share of the court costs in the amount of $23.75. It is therefore recommended by the City ,Attorney that the offer of settlement be approved and that the City Atorney be authorized to confess judgment for the City of Dubuque, in the amount of $1,500.00 at nO interest in favor of, Calista M. Lakeman and Joseph A. Lakeman and that. the City of Dubuque pay one.hàlf the court costs in the amount of $11.88 and transmit the same to the City At- torney. Original notice with petition at- tached is herewith returned. I am attaching a photograph of the scene in question for y~ information. Respectfully submitted, R.N. Russo City Attorney Councilman Bitter moved ap. proval of the recommendation. Se- conded by Councilman Pregler. Carried by the following vote: Yeas - Mayor MoWenhauer, Councilmen Bitter, Justmarm, Preg- ler, Thoms. Nays- None. Notice of claim of Lowell Wolter, in the amount of $12.00, for dam- aged tires as the result of striking a chuckhole in the street at 175 W. 32nd Strect on March 13, 1972, presented and read. Mayor Molden- hauer moved that the notice of claim be referred to the City Soli- citor for investigation and report. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Notice of claim of L.G. Shaffert, in the amount of $116., for car damage incurred as the result of driving on a patch of ice in the street at 555 Cooper Place on Feb- ruary 8, 1972,presented and read. Mayor Moldenhauer moved' that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Thoms. Carried by thefol. lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Notice of Claim of Jobu C. Mc- Ghee of Middleton.. Wis- in the amount of $128.~ for car damage incurred as the result of dropping off edge of broken pavement at 6th Street near Parking Ramp on February 5, 1972, presented and read. Mayor Moldenhauer moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Thoms. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Notice of Suit of Alfred J. Puls, Guardian of Stacy A. Spahn, a minor, in the amount of $22,500 for personal injuries received by said minor as the result of a car collision with city owned equip- Street on February 1, 1972, pre- sented and read. Mayor MoWen- Special Session, March 20, 1972 133 bauer moved that the notice nf ed by Councilman Pregler. Carried suit be referred to the City So. by the following vote: licitor for investigation and re- Yeas - Mayor Moldenhauer, port. Seconded by Councilman Councilmen Bit t e r, Justmann, Thoms. Carried by tbe following Pregler, Thoms. vote: Nays - None. Yea~ - M~yor Moldenhauer, ORDINANCE NO. 15.72. Councilmen BIt t e r, Justmann, AN ORDINANCE AMENDING Pregler, Thoms. ORDINANCE NO. 3349 KNOWN Nays - None. AS THE "TRAFFIC CODE OF Proof of Publication, certified to DUBUQUE, IOWA" AS AMEND- by the Publisher, of Notice of ED, BY ADDING A NEW SUB- hearing of Amendment of the cur. SECTION 10 TO SECTION A OF rent Budget by increasing in the SCHEDULE X THEREOF TO RE- Recreation Fund, presented and QUIRE NORTHBOUND VEHI. read. CLES TO YEILD RIGHT OF WAY No written objections were re- BEFORE ENTERING THE IN. ceived and no oral objectors were TERSECTlON OF NEW HAVEN present in the Council Chamber AND MINERAL STREET, at the time set for the public presented and read. hearing. Councilman Bitter moved that Mayor Moldenhauer moved that the reading just had be considered the proof of publication be re- the first reading of the Ordinance. ceived and filed. Seconded by Seconded by Councilman Pregler. Councilman Bitter. Carried by the Carried by the following vote: following vote: Yeas - Mayor. Moldenhauer, Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Councilmen Bit t e r, Justmann, Pregler, Thoms. Pregler, Thoms. Nays - None. Nays - None. Councilman Bitter moved' that ORDINANCE NO. 9.72. the rule requIring an Ordinance AN ORDINANCE AMENDING to be read on three separate days THE BUDGET AS APPROVED BY be waived. Seconded by Council. ORDINANCE NO. 1-72 AND ORDI- man Pregler. Carried by the fol. ANCE NO. 5.72, said Ordinance lowing vote: having been previously. presen~ed Yeas - Mayor MoWenhauer, and read at the Council meeting Councilmen Bit t e r Justmann of February 28, 1972, presented Pregler, Thoms.' , for Final Adoption. Nays - None. ORDIHA"-- on An O"IInon, .. ey .... ..., -"""", ~ Ine City Of Du- :"i~ w!3:.c:"I'n'J~~~ me Roc- F~I.322.", 1"--S59I."'.", ~e:¡¡t,:'...~ k Fund. me c..-- .... 'in "xeo . od,.i;;;' end o..",y" 101, of M"",. 1972. WeYne A. M"lde""ou," Moy..- Welt..- A. P"ur" All," T. Thom. C. Robe... JV.lmenn J...." J. Sl- C"uncllmen ATTEST, Loo F. F""""'elt PUb"",..C:Z'C~~1r: In The Tel....o.... He"'d New....., mi. "... day of Mo,'" 1972. Loo F. F"""mell It. 3123 City CI"" Councilman Bitter moved final adoption of the Ordinance. Second- Y"",cleo mWl yield 'I... me"nt"""""n Hew Hoven end Mlne"l S"""." Po"... -.. end .- 10'. 20th ","y " M""'. 1972. WaYne A Mold.....u... Me,.... W""'A """"" Allon T. ThoiñS c. Robert Jv'lmonn J...Ph J. e,- Councilmen ATTEST, Loo "mmelt 'n The T"......... m's 231'd day of Uo F.Frommelt CltYC- 134 Special Session, March 20, 1972 Councilman Bitter moved final adoption of the Ordinance. Second- ed 'by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Mayor Moldenhauer moved re- consideration of action taken by the Council on March 13th relative to City participation with the County and other agencies of a combined nurse's study. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor MoWenhauer, Councilmen Bit t e r, Justmann, Pregler. Nays - Councilman Thoms. Councilman Pregler moved to rescind Council action relative to United Fund request to consider proposal from Baxter & McDonald for combined nursing services and that Dr. HazIet be instructed to inquIre of the State Board of Health as to the possibility of merging nursing agencies. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor MoWenhauer, Councilmen Bit t e r, Justmann, Pregler. Nays - Councilman Thoms. Petition of Judy Biggin request- ing that her name be withdrawn from a petition indicating that she was in favor of reforming the bill- board policy of the City in the proposed zoning Ordinance, pre- sented and read. Councilman Bit- ter moved that the petition be received and filed and referred to the Council. Seconded by Mayor Moldenhauer. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen B i It e r, Justmann, Pregler, Thoms. Nays - None. Petition of Louis Buechel re- questing a refund of $7.00 paid for a heating and plumbing permit which was never used, said refund approved by the Building Depart- ment, presented and read. Council- man Bitter moved approval nf the refund and directed the Auditor to Issue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Catholic Mothers Study Clubs requesting the Council to view the influx of X rated motion pictures at Dubuque Theatres dur- ing the past several months, said movies are soiling the image of the City as an outstanding edu- cational and religious cultural cen- ter, presented and read. Council- man Justmann moved that the peti- tion be referred to the City Mana- ger and City Attorney. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor MoWenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Michael Schuster D.D.S. requesting rezoning of Lot 14 of Manor Sub. located at the corner of J.F.K. Road and Crest- wood Drive from Single Family to Multiple with office provision under the present ordinance. Coun- cilman Pregler moved that the pet- ition be referred to the Planning & Zoning Commission. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor MoWenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 97-72. WHEREAS, John A. Link has executed and delivered a warranty deed conveying to the City of Du- buque, Iowa the real estate herein described for street purposes; and WHEREAS, delivery of said war- ranty deed dated March 8, 1972 by John A. Link to the City of Dubuque, Iowa should be accepted. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That delivery of said warral1ty deed by John A. Link to the City of Dubuque, Iowa con- veying the following real estate to wit: Lot 2 of Lot 1 of East 291.8' or Lot 2 of S.E. ¥o of S.E. ¥o of Section 21, T 89N, R2E, 5 P.M. in Dubuque County, Iowa, be and the same is hereby accepted. Special Session, March 20, 1972 135 SECTION 2. That the City Clerk I timate showing the cost thereof be and he is hereby directed to including the cost of estimates, file said warranty deed in the office notices, inspection, and preparing of the Dubuque County Recorder. the assessment and plat, now Section 3. That the real estate therefore, hereinabove described be and the BE IT RESOLVED, by the City same is hereby desigoated and I Council of the City of Dubuque, made a part of John F. Kennedy That the cost of said improve- Road. menf"is hereby determined to be Passed, approved and adopted $24,778.34. this 20th day of March, 1972. That nOne of the cost thereof Wayne A. Moldenhauer shall be assessable Upon private Mayor property and $U,778.s. shall be Walter A. Pregler paid from the Sanitation Fund nf Allan T. Thoms the City of Dubuque. C. Robert Justmann Passed, adopted and approved Joseph J. Bitter this 20th day of March, 1972. Councilmen Wayne A. Moldenhauer Attest: Mayor Leo F. Frommelt Walter A. Pregler City Clerk Allan T. Thoms Councilman Pregler moved adop- C. Robert Justmann tion of the resolution. Seconded Joseph J. Bitter by Councilman Bitter. Carried by Councilmen the fOllowing vote: Attest: Yeas - Mayor Moldenhauer, Leo~. Frommelt Councilmen Bit t e r, Justmann, City Clerk Pregler, Thoms. Councilman Bitter moved adop. Nays - None. M h 15 1972 tion of the resolution. Seconded are, by the following vote: To th! Honora~le Mayor Yeas - Mayor Moldenhauer, and City Council Councilmen Bit t e r Justmann This is to advise you that the Pregler, Thoms.' , cleaning of the West 32nd Street Nays - None. Detention Basin and work inciden- tal thereto in and for the City (A Resolution Accepting Improve- of Dubuque, Iowa has been Com- mant) pleted in accordance with plans, RESOLUTION NO. 99-72. specifications and the contract by WHEREAS, the contract for the and between Saffran Construction CLEANING OF THE WEST 32ND Co. of Dubuque, Iowa and the City STREET DETENTION BASIN has of Dubuque, Iowa. been completed and the City Mana- Respectfully submitted, er has examined the work and Gilbert D. Chavenelle filed his certificate stating that City Manager the same has been completed ac- cording to the terms nf the con- Councilma~ ~itter mov:ed that tract, plans and specifications and the commumcation be received and recommends its acceptance now filed. Seconded by Councilman therefore ' Pregler. Carried by the following BE IT' RESOLVED by the City vo~~: s - Mayor Moldenhauer Council of the City' o~ Dubuque, a.. , that the recommendation of the Councilmen Bit t e r, Justmann, City Manager be approved and Pregler, Thoms. that said improvement be and the Nays - None. same is hereby accepted. FINAL ESTIMATE BE IT FURTHER RESOLVED, RESOLUTION NO. 98.72. that the City Treasurer, be and WHEREAS, the contract for the he is hereby directed to pay to CLEANING OF THE WEST 32ND tbe contractor from the Sanitation STREET DETENTION BASIN has Food Upon the above described been completed and the City En- improvement in amount equal to gineer has submitted his fioal es- the amount of his contract. ="= 136 Special Session, March 20, 1972 of $12,050.50. Their bid was 73.89% above the Engineer's Estimate. It is my recommendation the bid be rejected and the project be dropped. Passed, adopted aud approved this 20th day of March, 1972. Wayoe A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert JustmalU1 Joseph J. Bitter Councilmen Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Bitter moved ap- proval of the Manager's recom- mendation. Seconded by Council- man Pregler. Carried by the fol. lowing vote: Yeas - Mayor MoWenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 100.72. 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 City of Dubuque, Iowa, that the following applications be grant. ed and licneses Issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 131 - as amended by the Mth General Assembly, 1971. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Carl N. Brant, 2600 Central Avenue Passed, adopted and approved this 20th day of March, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T- Thoms C. Robert Justmann Joseph J. Bitter Councilmen 11'1 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, Thoms. Nays - None. II' ,i Proof of publication, certified to by the publisher, of notice of pub- lic hearing of pendency on resolu- tion of Necessity for public im. provements and on proposed plans, specs. etc. for construction of 1972 Urban Reuewal Sanitary Sewer Manhole improvement project, pre. sented and read. Councilman Bit- ter moved that the proof of pub- lication be received and filed. Se- conded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pœgler, Thoms. Nays - None. Proof of publication, certified to by the publisher, of notice to con. tractors of receipt of proposals for construction of 1972 Urban Renewal Sanitary Sewer Manhole improve- ment project, presented and read. Councilman Bitter moved that the proof of publication 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. Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Justmaìm. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 101.72. WHEREAS, applications for LI- quor 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 March 17, 1972 To the Honorable Mayor and City Council Sealed proposals were received until 10:00 A.M. Thursday, March 16, 1972 for the 1972 Urban Renewal Sanitary Sewer Manhole Improve- ment Project. Tschiggfrie Excavating submitt- ed the only bid in the amount Special Session, March 20, 1972 inspected and found to comply with the State Law and all City ordi- nances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor permit. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE CaprI N'dBrandt, 2t6ood cendtral Avenude I Approved ".......0000.......................1972 asse, a op e an approve this 20th day of Marcb, 1972. Wayoe A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilman 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 Bit t e r, Justmann, Pregler, Thoms. Nays - None. I Attest: There being no further business Mayor Moldenhauer moved to ad- 137 journ. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Leo F. Frommelt City Clerk Adopted ...00.....00...00...00................1972 """"""""""""'00"""""'00""""""""" """""""""'00""00"00""00""""""00""'00 '..0000....00""...00'..00..0000""""",,00...00...... """"""'00"00""""'00""'00"""""""""'" Councilmen "ëïiÿ"ë¡;;¡;h"'.....h..h...... """""""