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1972 April Council Proceedings Regular Session, April 3, 1972 139 CITY COUNCIL (OFFICIAL) Regular Session. April 3. 1972. Council mat at 7:30 P.M. (C.S.T.) Present - Mayor Moldenhauer. Councilmen Bit tar. Justmann. Pregler. Thoms. City Manager Gilbert D. Chayenalle. Mayor Moldenhauer read the caIl and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council called for the purpose of actiug upon such busi- ness as may properly come before the meetiug. Communication of Rodney L. Kamm et al ioforming the Council of a recycling project in the City hy coilectiug non-returna'ble glass and all types of metal cans from approximately 1280 homes on var- ious named streets, presented and read. Mayor Moldenhauer moved that the communication be referred to the Manager for investigation and report. Seconded by Council- man Pregler. Carried by the fol. lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Dubuque Fed- eration of Labor submittiug a re- solution opposing the removal of I any person on a Board or Com- mission without first notifying such organization he represents, also should any further removal occur on Boards or Commissions of labor representatives faithfully serving, it shaIl be considered a direct af- front to aU organized labor, pre- sented and read. Councilman Preg- ler moved that the communication be received and med. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Merchants Mutual Bonding Co. submitting their certificate of Authority from State Commissioner of Insurance authorizing them to transact its appropriate business of Fidelity and Surety Insurance, presented and read. Councilman Pregler moved that the communication be received and filed. Councilman Pregler moved that the certificate be received and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Low-Ren t Housing Commission submitting minutes of their meeting of March 21, 1972, presented and read. Coun- cilman Pregler moved that the communication be received and med. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Dub u que Board of Realtors submittiug pro- posals for consideration in the pro- POSed new zoning ordinance such as (1) Too many new zones by increasing from seven to twenty, (2) Lot sizes are not part of zoning, (3) Present Ordinance is desirable, (4) New Ordinance be used as a master document to make changes from time to time in the present ordinance, (5) Should have a section that would provide for multiple residence zone in dense population areas, rather than 3M sq. ft. per family lot size, presented and read. Councilman Pregler moved that the communication be received and med. Seconded by Coun<:ilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Senator Jack Miller acknowledging receipt of copy of resolution relative to the Intergovernmental Coordination act, presented and read. Council.. man Pregler moved that the com- munication be received and med. Seconded by Councilman Just- manu. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Regular Session, April 3, 1972 Communication of Congressman Moldenhauer moved that the com- John Culver, acknowledging re- munications of the Catholic Moth- ceipt of copy of resolution relative ers Study Clubs and Elizabeth to the Intergovernmental Coordina- Giesler et a! be referred to the tion act, presented and read. Coun- City Solicitor. Seconded by Coun- cilman Pregler moved that the cilman Bitter. Carried by the fol- communication be received and lowiog vote: filed. Seconded by Councilman Yeas - Mayor Moldenhauer, Justmann. Carried by the following Councilmen Bit t e r, Justmann, vote: Pregler, Thoms. Yeas - Mayor Moldenhauer, Nays - None. ~~~~~~m;~o:; t t e r, Justmann, Communication of Attorney Mc- Nays '- Non~ Callister requestiug the Council to . refer Dr. Schuster's zoning request Communication of Catholic Moth- back to Planning & Zoning for ers Study Clubs of Dubuque rela- further consideration and public tive to former correspondence sent heariog, presented and read. Coun- to the Council on X rated movies cilman Pregler moved that the and suggestiug that the Couocil communication be received and talk to theatre owners and call filed. Seconded by Councilman Bit- a conference with exhibitors of ter. Carried by the following vote: movies to see if X rated films Yeas - Mayor Moldenhauer, can be controlled, presented and Councilmen Bit t e r, Justmann, read. Councilman Bitter moved Pregler, Thoms. that the communication be receiv- Nays - None. ed and filed. Seconded by Couocil- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication 0 f Elizabeth Giesler et a! 11 signatures) urging a complete ban on the showing of X-rated films or concentrate them io one theatre so the showiog I of previews of coming attractions, will not be forced on the genera! public, presented and read. Coun- cilman Bitter moved that the com- munication be received and filed. Seconded by Couocilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Couocilmen Bit t e r, Justmann. Pregler, Thoms. Nays - None. Councilman Bitter moved that the rules be suspended io order to let anyone present address the Council if they so desire. Seconded by Councilman Pregler. Carried by the followiog vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Mrs. Elizabeth Giesler addressed the Council io support of her peti- tion relative to the showing of X-rated movies io the City. Mayor 140 March 2:1, 1972 Honorable Mayor and Council Memhers The City Planning and Zoning Commission has reviewed a propo- sal to reclassify property described as Lot 14 of Block 2 io Westside Manor Subdivision, in the City of of Dubuque, Iowa, from Single Fa- mily Residence to Multiple Resi- dence classification and to include it in Article IV, Section 2(h) of the Zoning Ordinance to permit professional Office use. This pro- perty is located at the northwest corner of John F. Kennedy Road and Crestwood Drive. In 1969 and 1970, the Commis- sion and Council heard a petition to reclassify from Single Family Residence to Local Business "B" property described as the Souther- ly one hundred and fifty feet (150') of Lot 2 of the Subdivision of Lot 25, Block 4 in Westside Manor Subdivision, in the City of Dubuque, Iowa. The property of this earlier petition lies on the west side of John F. Kennedy Road immediately north of Shike- Richardson, Incorporated, and south of the property presently re- quested for rezoning- The proper. ty of the current request for re- classification are similarly situa. ted in relation to the Westside Manor Subdivision. Reclassifica. Regular Session, April 3, 1972 tion of the earlier request was denied on the grounds that it would have represented a forther, un- warranted encroachment into the residential environment of the Westside Manor Snhdivision. It was the opinion of the Commission that the current request was substan- tially the same as the earlier pro. posal in its potential effect on the surrounding residential area. It is the recommendation of the Commission that the above de- scribed property remaio in the Sin- gle Family Residence classifica- tion. Respectful1y submitted, City Planning and Zon- ing Commission Daniel Dittemore City Planner After hearing the pleas by At- torney McCallister and Dr. Schus- ter to the effect that the Doctor does not have a request for com- mercial classification Councilman Bitter moved that the communica- tion be referred back to the Plan- ning & Zoning Commission and request a public hearing. Second- ed by Mayor Moldenhauer. Car- ried by the following vote: I Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Pregler, Thoms. Nays - Councilman Justmann. March 24, 1972 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a puhlic hearing on a proposal to reclassi- fy from Single Family Residence to Multiple Residence classification property described as Lot 2 of Picardy Park in the City of Du- buque, Iowa. The applicant was represented by Mr. Robert Bertsch, attorney who spoke in suPPOrt of the pro- posal. Mr. Hal ReYnolds, attorney for the area residents opposing the request, spoke in their behalf. Several persons were present to express OPposition to the propo. sal, and a petition, bearing 63 names of area residents, and a letter in opposition to the rezoning request were submitted to the Com- mission. It was the opinion of the Com. mission that reclassification of this 141 site to Multiple Residence classi- fication would not be in accor- dance with the General Plan for this area. Residential development density permissible in the Multi- ple Residence zone is substantially greater than both the development density of existiug uses in the im- mediate vicinity and the density planned for the adjacent undeve. loped area. Also, the policy of the Commission has been to Con- fine Multiple Residence zoning to sites with immediate access to ar- terial streets. The Judson Drive access to the Picardy Park site does not meet this criteria. It was the recommendation of the Commission that the request be denied. RespectfoUy submitted, City Planning and Zon- ing Commission Daniel Dittemore City Planner Councilman Pregler moved ap- proval of the recnmmendation. Se- conded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Councilman Justmann requesting 8 progress report of City Bicycle Paths, such as (a) Can sidewalks be USed? Modify statutes to permit same? Possibility of engineering curbs. (b) Utilization of POrtion of flood- wall as bike path? II. Discussion on feasibility of tighter littering statute. III. Discussion on feasibilitY-de- sireability of the Dubuque Chap- ter of the American Institute of Industrial Engineers studying and recommending most effective uti- lization of County-City Health Ser- vices. Meet with Dave Madson of AilE and committee? City Engineer John White re.port- ed on the proposed bicycle paths by stating to use sidewalks would be against the present ordinance. To constrnct a 4' width strip in the street would cost approximate- ly $3.20 per Foot. The FloodwaU has possibilities. Asbury Street be- tween the two universities is be- ing considered as a possible route. City Planner Dittemore advised that they are searching out what and striking a metal object pro- truding from the curb thereat. This matter was referred to the City Attorney who has made an iovestigation of said claim and con- ferred with the claimant, who has made an offer of settlement of said claim in the amount of $4.2:1, and in view of the foregoiog, it is the recommendation of the City Attorney that said offer of settle- ment be accepted and that the City Auditor be instructed to draw warrant payable to Mrs. Olivia Heston in the amount of $4.2:1 and transmit same to the City Attor- ney for delivery npon receipt of releases, duly executed. Original claim is returned here- with. 142 Regular Session, April 3, 1972 the needs really are. They have met with the Y.M.C.A. and an AdHoc Committee has been form- ed. Richard Slattery Recreation Di- rector also spoke on the discus. sions held by the Recreation De- partment relative to bicycle paths. Items II and III were referred to a Council discussion to be held on the following Thursday even- log. Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Molden- hauer. Carried by the following Vote: Yeas - Mayor Moldenhaner, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. March 24, 1972 To the Honorable Mayor and City Council I herewith submit the report of the Water Superintendent for the month of February 1972. I Respec!folly, Gilbert D. Cbavenelle City Manager Mayor Moldenhauer moved that the report be received and med. 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 List of Claims, and statement of receipts and disbursements for the month of February 1972, presented and read. Mayor Moldenhauer moved that the proof of publication be received and filed. Seconded by Councilman Bitter. Carried by the followiog vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. March 24, 1972 Honorable Mayor and City Council On May 28, 1971, Mrs. Olivia Heston of 1479 Allison Place, this city, filed claim against the City of Dubuque in the amount of $4.2:1 and claiming said damages occurred on May 17, 1971 to a tire of her automobile while park. ing said vehicle 10 the middle of the 1300 block of Central Avenue Yours very truly, 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 Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. March 28, 1972 Honorable Mayor and City Council In re the matter of the claim of Mrs. L. W. (Virginia) Doty of 1770 Sherbrook Drive, N.E., Cedar Rapids, Iowa, claiming damages by reason of a faU in the down- town mall on a temporary side- walk on October 9, 1971. This matter was referred to the appropriate City Agency, who by letter dated March 17, 1972, ad- vised the City Attorney that said claim has been denied. Accordingly, it is the recommen- dation of the City Attorney that the claim of Mrs. L. W. (Virginia) Doty be denied. Original claim is returned here- with. Respec!folly submitted, R.N. Russo City Attorney Couocilman 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. Regular Session, April 3, 1972 143 Notice of claim of Joe Bush, I am enclOsing copies of letters in the amount of $1,931.00, for received from Chief O'Brien in material and labor furnished to which he explains the purpose of H & R Wrecking Co. in the <lis- the proposed ordinances. manUiog of buildings in the Urban I recommend that the ordinances Renewal area, presented and read. be adopted. Councilman Pregler moved that RespectfuIIy, the notice of claim be referred Gilbert D. ChaveneUe to the City Solicitor for investiga- City Manager tion and report. Seconded by Coun. Councilman Pregler moved that cilman Thoms. Carried by the fol- the communication be received and lowing vote: med. Seconded by Councilman Bit. Yeas - Mayor Moldenhauer, ter. Carried by the following vote: Councilmen Bit t e r, Justmann, Yeas - Mayor Moldenhauer, Pregler, Thoms. Councilmen Bit t e r, Justmann, Nays - None. Pregler, Thoms. Notice of claim of Ruthven J. Nays - None. Krieger, in the amount of $50., OIlDINANCE NO. 16-72 for damage to the lawn and side- An Ordinance am-Ing OrdInance walk at his home as the result No. 33.4' known as the "Traffic of a city-owned garbage truck trav- Code of Dubuque. Iowa" .. em8ìx . eling over same on March 13, 1972, ed by R_aling Subsection 21 of presented and read. Councilman Schedule VI thereof end _allng Pregler moved that the notice of Subsection 71 of Schedule VI there- claim be referred to the City Soli- of and enacting e new. subsection citor for investigation and report. 21 to Schedule VI to prohibIt park, Seconded 'by Councilman Thoms. ing of motor vehicles on the north. Carried by the following vote: side of East SIxteenth Streat from Yeas - Mayor Moldenhauer, Elm to the Pine Streat and the Councilmen Bit t e r, Justmann, North side from Ma,ple $treat to Pregler, Thoms. Sycamore Streat and bath s~ Nays - None. from Sycamore Streat to k_r Notice of claim of Angela M. Bouleverd. Pitz, in an undetermined amount, presented and read. for personal injuries received in Mayor Moldenhaner moved that a fall on an ice covered walk the reading just had be considered between 341 and 363 Locust Street the first reading of the Ordinance. on February 26, 1972, presented Seconded by Councilman Pregler. and read. Councilman Pregler Carried by the following vote: moved that the notice of claim Yeas - Mayor Moldenhauer, be referred to the City Solicitor Councilmen Bit t e r, Jnstmann, for investigation and report. So- Pregler, Thoms. conded by Councilman Thoms. Car- Nays - None. ried by the following vote: Mayor Moldenhauer moved that Yeas - Mayor Moldenhauer, the rule requiring an Ordinance Councilmen Bit t e r, Justmann, to be read on three separate days Pregler, Thoms. be waived. Seconded by Council- Nays - None. man Pregler. Carried by the foJ- March 28, 1972 lowing vote: To the Honorable Mayor and Yea~ - M'!Yor Moldenhauer, Members of the City Council Councilmen BIt t e r, JUSbnann, Two traffic ordinances ~re be!ng P~:~~r,- ~o'::: presented for your consIderation at council meetiug. These ordinances will provide "no parking" on the north side of 16th from Elm to Pine and Maple to Kerper, and on the south side from Sycamore to Kerper. Also, two hour parking is pro. posed on the north side of 16th from Pine to Maple and on the south side from Pine to Sycamore. 144 Eo" 16," SITae' to the eo'" . Street 1<> pn"';' ã_¡¡'-ovÕd-ä",""uted ,"Is 3r< .aY of A'1Ji~y'¡:'i. MoId_auM" MaYO' Walter A. "",,1M" ¿Ila~¿"'T'T.:".fma"" Jose" J. Bltte< Councilmen ATTEST' Leo F. F"""malt City Cle'. publl"'" oftic"IlY In The Tel.. ",aph-H...a'. News..'" ,"Is "" day of Au'U 1912. Leo F. Frommeit It. /.. City C,"'" Mayor Moldenhauer 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. ORDINANCE NO. 18-72 An Ordinance Authorizing The First Congregational Church to construct a fooling and concrete curb and g-. presented and read. Mayor Moldenbauer moved that the readiog just had be considered the first reading of the Ordinance. Seconded by Couocilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Mayor Moldenhauer moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council. man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. "" ofp':"ss~a",;.i"o~~ ';;nd"ädöi>re<t ,"Is "d day of Ap,1I 1912. Wayne A. ""'Ide"""""- Mayo< 't;~~':"b:~'e' C. Robert Justmann Jose'" J. Bilt&",dlmen ATTEST, Leo F. Frommelt City Cle'" publlstood oIIicially in The Tel.. .,aph-H.,.'. News"", ,"is 6th daY of ....11 1912. Leo F. Frommell n. /.. CiIY c""" Mayor Moldenhauer moved adop- tion of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. ORDINANCE NO. 17.72 An Ordinance Amending Ordinance No. 33-49 known as the "Traffic Code of Dubuque. lowe" as amend-- ed by r_aling subsection 26 01 Section A of Schedule IV thereof ~ S=:~ a of'"'*sc:\,=ti~ ~ I lieu thereof to limit parking of motor vehicles on street herein- after designated. presented and read. Mayor Moldenhauer moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Mayor Moldenhauer moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. "'and .~"""'-'o"" of T"st... Publl..... officially In The Tel.. """"H"al. News...... ,"Is "" .ay of Au", 1912. It. 4/' ~~ Fél:,!k~melt Mayor Moldenhauer 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. Petition of Lions Club requesting permission to use the Industrial Park for a circus performance scheduled for June 15, 1972, pre- sented and read. Councilman Bit- ter moved that the petition be granted and referred to the Mana. ger. Seconded by Mayor Molden- hauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of R.G. Vernon M.D. reCommending restriction of H-M area in the new proposed zoning Ordinance to those properties pre- sently owned by Mercy Medical Center and the Americana Nursing Home and adequate parking must be assured, presented and read. Councilman Pregler moved that the petition be referred to the Council meeting and public hearing scheduled for April 10, 1972. Se. conded 'by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Wa!ter O. Clark et aI, Leon Wersinger, Senior Citizens of the north end, retizees of John Deere, objectiug to the proposed move of the Clinic or Medical Associates to the Mercy Medical Center, presented and read. Coun. cilman Pregler moved that the petition be referred to the Council 145 '1(6 Regular Session, April 3, 1972 Regular Session, April 3, 1972 1972. Seconded -by Councilman al (189 signatures) requesting to Thoms. Carried by the following effectively block the furtherance vote: of plans of Mercy Hospital and Yeas - Mayor Moldenhauer, the Medica! Associates and also Councilmen Bit t e r, Justmann, revoke zoning action taken August Pregler, Thoms. 12, 1971, presented and read. Mayor Nays - None. Moldenhauer moved that the peti- March 14 1972 tion be referred to the Planning Honorable Mayor and City Council & Zonin~ Com~sion. Se~onded . by Councilman BItter. CarrIed by I am attaching hereto a propo~ed the following vote: form of amendm~nt to the Zomng Yeas - Mayor Moldenhauer, Ordinance pe~am1D? to Mercy Councilmen Bit t e r, Justmann. Medical Center s petitIon for Spe- Nays - Councilmen Pregler cial Use Permit. Thoms ' The proposed ordinance attached . : contains substantially the same Petition of Dubuque Downtown language contained in the Dayton, Assn. requesting. permission to Ohio ordinance which was referred sponsor a communIty Garage Sale to in the preparation of the original on April 29th, presented and read. amendments. Councilman Bitter moved approval I am forwarding the attached of the petition contingent upon ap- proposed ordinance for your iofor- proval of the City Manager and mation and guidance as I believe staff. Seconded by Mayor Molden. it contains enough standards an, hauer. Carried by the following guide tines that will respond to vote: the questions I raised in my letter Yeas - Mayor Moldenhauer, to you of March 13, 1972. Councilmen Bit t e r, Justmann, I would suggest that if you deter. Pregler, Thoms. mine to grant Mercy Medical Cen- Nays - None. ter's requ~st tha~ the ,,:mendment Petition of Dubuque Shrine Club to the zomng ordinance 1D substan- requestiug permission to conduct tially in the form attached heretc a parade on April 29th, presented would overcome any legal ob¡ec- and read. Councilman Bitter mov- tions thereto. ed approval of the petition contiu- Respectfully submitted, gent upon approval of City Mana- R.N. Russo ger and staff. Seconded by Mayor Councilman Pregler moved that Moldenhauer. Carried by the fol- the communication be referred to lowing vote : the Council meetiug and public Yeas - Mayor Moldenhauer, heariog scheduled for April 10, Councilmen Bit t e r, Justmann, 1972. Seconded by Councilman Pregler, Thoms. Thoms. Carried by the following Nays - None. vote: March 24, 1972 Yeas - Mayor Moldenhauer, Honorable Mayor and Councilmen Bit t e r, Justmann, Council Members Pregler, Thoms. The City Planning and Zoning Nays - None. Commission has reviewed the final Petition of William F. Thill of plat of Block 4, Lots 1 through 1110 LangwOrthy Ave. requesting 9, inclusive, Horizon West Subdivi- reconsideration of zoning action sion, in the City of Dubuque, Iowa. taken last August in response to The Commission has found that St. Joseph Mercy Hospital for var- the plat conforms to the proposed ious specific reasons. Mayor Mold- plat for the area and meets the enhauer moved that the petition minimum requirements of the Sub- be referred to the Planning & Zon- division Regulations. ing Commission. Seconded by It is the recommendation of the Councilman Bitter. Carried by the Planning and Zoning Commission following vote: that the plat be approved. Yeas - Mayor Moldenhauer, Respectfully submitted, Councilmen Bit t e r, Justmann. City Planning & Zoning Nays - Councilmen Pregler, Commission Thoms. Daniel Dittemore Petition of Isabel E. Miller et City Planner meeting and public hearing sched- uled for April 10, 1972. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. in any other person, or body (in- cluding itself), would clearly con- flict with the State statutes. See: Section 368.2 of the 1971 Code of Iowa. Lloyd E. Clarke, Inc. vs City of Bettendorf, Iowa, 158 NW 2d 125; Richardson vs City of Jefferson, 257 Iowa 709, 134 NW 2d 526; Depue vs City of Clinton, Iowa, 160 NW 2d 860; City of Des Moines vs David Loh- ner, 168 NW 2d 779. The most recent case was the case of City of Des Moioes vs Lohner, decided -by the Supreme Court of Iowa 10 June 10, 1969 wherein an action in equity by the City of Des Moines to perman. ently enjoio the defendant from occupying and usiog specific tracts of land for automobile salvage and wrecking yard in alleged violation of zoning ordinance and the Dis- trict Court entered judgment in favor of the City and the defendant appea!ed. The Supreme Court held that that provision of the zoning ordinance was invalid as it al- located the City Couocil the power to approve or disapprove of use of premises for a purpose other. wise proper under zone M-2 (desig- nated heavy industry 10 compre- hensive plan), since statute pro- vides for and requires that there be appointed a "board of adjust- ment" empowered to make special exceptions (which term includes "special uses") to the terms of ordinances, in appropriate cases 10 harmony with general purpose and iotent of zoning laws; accord- iogly, the City Council's attempt to provide for its own determina- tion and approval of special uses was 10 conflict with the statute and therefore ineffective and void. The foregoing appears to be the clear cut, unequivocal state of the law in this State and any attempt by the City Council to retaio its control or jurisdiction or power over "special uses" would, in my opioion, be a derogation of the State statute and in derogation and conflict with the case law in the matter and would be illegal. Respectfolly submitted, R.N. Russo City Attorney Councilman Pregler moved that the communication be referred to the Council meetiug and public hearing scheduled for April 10, March 14, 1972 Honorable Mayor & City Council At your last meeting, the matter relating to nonconforming use of property developed some conver- sations and comments from vari- ous members of the City Council. At one point in the discussion, a suggestion was made in the area of special permits and exceptions I to the Zoning Ordinance and that, the City Couocil should reserve that power unto itself for the pur- poses of exercising control and close supervision. For your ioformation, and I be- lieve you know, the creation of a Board of Adjustment is provided for in Section 414.7 Code of Iowa 1971 and the language thereio per. taining to such appointment and creation is mandatory, rather than permissive. Section 414.12 of the Code pro- vides that the Board of Adjustment shaU have the following powers "1. To hear and decide appeals where it is alleged there is error in any order, requirement, deci- :~\d~~=::=cia~a~ ~~ I enforcement of this chapter or of any ordinance adopted pursuant thereto. 2. To hear and decide special exceptions to the terms of the or- dinance upon which such board is required to pass under such ordinance. 3. To authorize upon appeal 10 specific cases such variance from the terms of the ordinance as will not be contrary to the public in- terest, where owing to special con- ditions a 11 t era I enforcement of the provisions of the ordioance will result 10 unnecessary hard. ship, and ao that the spirit of the ordinance shall be observed and substantial juatice done." The foregoing powers are placed exclusively 10 the Board and ef- fectively restricted by statute, and any attempt of a municipality by ordinance to place such powers 147 Iowa, is to be hereafter known as Lots 1 - 9 inclusive of Block 4 of Horizon West Subdivision in the City of Dubuque, Iowa, is here- by approved and the Mayor and Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat, providing the Owners of said property hereinbefore named, exe- cute written acceptance hereto at- tached saying: a. To reduce that portion of Hori. zon Court in said plat to grade as shown on the profiles submitted with this plat. b. To surface that portion of Horizon Court shown on this plat for a width of 31 feet with Portland Cement Concrete Paving and integ- ral curb, or asphalt paving and roiled stone base. All of the fore- goiog shaU be constructed accord- ing to the latest City of Dubuque Specifications. c. To install sidewalks on both sides of Horizon Court 10 accor- dance with the City of Dubuque Standard Specification for Perman- ent Sidewalks. d. To install water mains in ac- cordance with plans snhmitted with this plat. e. To install sanitary sewers in accordance with plans as submitt- ed with this plat. f. To install sanitary sewer and water house laterals for each lot to the property line. g. To install storm sewers in accordance with plans as submitt- ed with this plat. h. To construct the foregoing im. provement in accordance with plans and specifications approved by the City Manager and under the iospection of the City Engineer. i. To maintain the street im- provements for a period of four (4) years from date of acceptance and to maintain the water mains and sanitary sewers for a period of four (4) years from the date of its acceptance. j. To provide the foregoiog con. struction and maintenance at the expense of the owner. k. To construct said improve- ments except sidewalks prior to October 30, 1972. I. To construct sidewalks prior to November 30, 1972. and further provided that John W. Link, Joann C. WaldbiUig, and Regular Session, April 3, 1972 MarilYn M. Link, as Owners there- Marcb 29, m2 of, of said Subdivision secure the Honorable Maynr and performance of the foregoing con- Council Members ditions by pr°vi<!ing security. in The City Planning and Zoning such sums and WIth such sure~es Commission has reviewed the final as may be acceptable to the CIty plat of "Westview Shopping Center Manager: Place" and "Westview West" in Se:ctlon 3. Tha~ in the event that the City of Dubuque, Iowa. ' SlIld John W. Link. Joann C. Wald- The Commission has fonnd that billig, and MarilYn M. Link shall the final plat conforms to the ap- fail to execute the acceptance and proved preliminary plat for the provide security provided in Sec- area which was approved snbject tioo 2 bereof within forty.five (45) to the condition that stream en- days from the date of this Resolu- croachment limits and drainage tIon, the provisions hereof shall provision be made on tbe plat in be null and void. aD<! the accep- accordance with requirements of tance of the dedication and ap- the City Engineering Department. proval of the plat shall not be The final plat meets the minimum effective. requirements of the Subdivision Passed, adopted and approved Regulations. by recorded roll call vote this 3rd It is the recommendation of the day of April, A.D., 1972. Planning and Zoning Commission Wayne A. Moldenhauer that the final plat of "Westview Mayor Shopping Center Place" and "West- Walter A. Pregler view West" be approved. Allan T. Thoms Respectfully submitted, C. Robert Jnstmann City Planning and Zoo- Joseph J. Bitter iog Cnmmission Councilmen Daniel Dittemore Attest: City Planner Leo F. Frommelt . Pre Ie th t City Clerk Councilman g r moved a To Leo F Frommelt City Clerk the commnnication be received and This is io eertify that the secu- filed. Se<;Onded by Cooncl!man Bit rity required by the foregoing res- ter. Camed by the followmg vote: olution 102-72 has been provided Yeas - ~ayor Moldenhauer, by the Owner. Councilmen BItter, Pre g I e r, Dubuque, Iowa April 11, 1972 homo. N Gilbert D Chavenelle Nays - one. City Man~ger Councilman Justmann not voting ACCEPTANCE OF RESOLUTION RESOLUTION NO. 103-72 NO. 182-72 RESOLUTION APPROVING THE John W. Link, Joann C. Wald- PLAT OF "Westview Shopping billig, and MarilYn M. Link, having Center Place" and "Westview read the terms and conditions of West" IN THE CITY OF DU- the foregoing Resolution 102-72, and BUQUE, IOWA being familiar with the contents WHEREAS, there has been filed thereof bereby accept the same witb the City Clerk a plat of the and agree to perform the condi- Subdivision to be known as "West- tions therein required. view Shopping Center Place" and John W. Link "Westview West" in the C~ of Joann C. Waldbillig Dubuque, Iowa, by John A. Link; MarilYn M Link and Dated: April 4 1m WHEREAS, nPOO said plat ap. , pear streets to be known as Con- Councilman Pregler moved adop- gress Circle, together with certain tion of the resolution. Seconded public utIlity easements which the by Mayor Moldenhauer. Carried Owners by said plat have dedicated by the following vote: to the public forever; and Yeas - Mayor Moldenhauer, WHEREAS, said plat has been Councilmen Bit t e r, Justmann, examined by the City Planning Pregler, Thoms. and Zoning Commission and had Nays - None. its approval endorsed tbereon; and 148 Regular Session, April 3, 1972 Councilman Pregler moved that the recommendation be received and med. Seconded by Mayor Moldenhauer. Carried by the foi- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r ,Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 102-72 Resolution "I'Pf"Oving Lot s 1 through 9. Block 4 of Horizon Was' Subdivision in the City of Dubuque. Iowa Whereas, there has been filed with the City Clerk, a plat 10 which: Lot 1 of Lot 1 of the South 90 feet of Lot 2 of Mineral Lot 256 and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 257 in the City of Dubuque, Iowa, is platted as Lots 1 through 9, Block 4 of Horizon West Subdivision 10 the City of Dubuque, Iowa By John W. Link, Joann C. Wald- billig, and Marilyn M. Link, as Owners thereof, and Whereas said plat has been ex- amioed by the City Planning and Zoning Commission and approved by said body, and Whereas upon said plat appears street known as Horizon Court and also public utIlity easements which the Owner upon said plat has dedi- cated to the public forever, and Whereas, said plat has been found by the City Council to con- form to the Statutes and Ordin- ; ances relatiug thereto except that \ the street has not been reduced to grade or paving, sewer or water' services or sidewalks installed therein. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the dedication of Horizon Court and easements for public utIlities, aU the same as appears upon said plat be, and the same are hereby accepted and that said streets are hereby estab- lished as public street in the City of Dubuque, Iowa. Section 2. That the plat of the SUbdivision of Lot 1 of Lot 1 of the Suuth 90 feet of Lot 2 of Mineral Lot 256 and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 257 in the City of Dubuque, 149 150 Regular Session, April 3, 1972 WHEREAS, said plat has been I examined ,by the City Council and they find that the same conforms to statutes and ordinances relatiug thereto, except that street grades have not been established, the streets brought to grade, or paving, sewer or water iostaUed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Congress Circle, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Section 2. That the plat of "West- view Shopping Center Place" and "Westview West" 10 the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written ac- ceptance hereto attached agreeing: a. To reduce aU streets to grade and to construct concrete curb and ~:~r c~~e ~i:r:it::::s ~:: I crete, or with concrete paving with integral curb, aU in accordance with City of Dubuque standard specifications; b. To instaU sanitary sewer mains and sewer service laterals 10 accordance with plans submitted with the plat; c. To install water mains and water service laterals in accor- dance with plans submitted with the plat; d. To install storm sewers and catchbasins in accordance 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 and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; h. To provide the foregoiog con. struction and maintenance at the sole expense of the Subdivider, John A. Link, as owner; 1. To construct said improve- ments, except sidewalks, prior to March 6, 1974, and to construct the sidewalks prior to March 6, 1976; and forther provided that said John A. Link, as owner nf said Sub- division, secure the performance of the foregoing conditions by pro- viding security 10 such form and with such sureties as may be ac. ceptable to the City Manager. Section 3. That in the event John A. Link shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approva! of the plat shaU not be effective. PASSED, ADOPTED AND AP. PROVED by unanimous recorded roll call vote this 3rd day nf April, A.D.,1972. WaYne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo E. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 103.72 We, the undersigned Dr. John A. Link having read the terms and conditions of the foregoing Resolution No. 103>-72 and being familiar with the conditions there- of, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 5th day of April, 1972. Dr. John A. Link To: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing RES- Regular Session, April 3, 1972 151 OLUTION NO. 103.72 has been for- County Commission on Crime and nishedby the owners. Delinquency. Dated at Dubuque, Iowa, this Section 2. That the City of Dubuque 11th day of. April 1972. authorizes the Dubuque County . Gilbert D. ChaveneUe Commission on Crime and Delio- City Manager quency to act exclusively in its Councilman Pregler moved adop. behalf in requestiug and receiving tion of the resolution. Seconded approximately $6,612.00 in planning by Councilman Bitter. Carried by funds and approximately $65,000.00 the following vote: in action funds for fiscal year 1972 Yeas - Mayor Moldenhauer, from the Iowa Crime Commission Councilmen Bitter, Pregler, and the Law Enforcement AsSÌ8- Thoms. tance Administration of the Unit- Nays - None. ed States Department of Justice. Councilman Justmann not votiug. Section 3. That, when a grant is RESOLUTION NO. 104-72 submitted by the City of Du~u,!ue WHEREAS the Federal Govern. to the. Dubuque Co,:",ty COmIDJSSl?n h' . . on Crime and Delinquency and 10 ment as mad~ !Domes avaüabI~, turn submitted t th I Cri under the prOVISion of the Omm. '. 0 . e owa me bus Crime Control and Safe Streets Commission an~ is subsequently Act of 1969 as amended by the approved,.1:;be City ~f Dub~que as Omnibus Crime Control Act of 1970 grant recipient, ob~¡¡ates Itself to . , the terms and conditions of grants to local umts of. governm"."t awarded to the State of Iowa by :~~g:ndthe Iowa Crime Comnus- the Law, Enforcement Assista.nce WHEREAS th I C . Administration of the United States " .' e owa rime Department of JUstice. Such grants Com.mIssIOn IS the agency repre- terms and conditions to be known sentiug the State of Iowa; and to tbe City of Dub qu . to WHEREAS, the City Council in th .t' u e prior Resolution No. 44-70 dated March e CI y s acceptance of the grant 2, 1970 authorizing the City of Du- :ndr;~~ll d~~~e~art of the grant buque to participate in the plan pp. ts. . ning and programming of the Iowa Sechon 4: That the CIty "!anager Crime Commission through the Du- be and 18 he~eby au~o':lZed to buque MetroPOlitan Area Com mis- execute and file. applications on sion on Crime and Delinquency' behalf of the CIty of Dubuque, and , Iowa through the Dubuque Coun. WHEREAS the Law Enforce- ty Commission on Crime and De- ment Assista~ce Administration of linque,:,c~ with the Iowa Crime the United States Department of Com~mssion . for grants under the Justice has required that such a Ommbus CrIme Control and Safe resolution be adopted annually to Streets Act of 1969 as amended. remain eligible for federal anti- Section 5. That the city manager crime funds; and be and is hereby authorized and WHEREAS, the City of Dubuque directed to furnish such ioforma- is desirous of remaining eligible ti.on as the Iowa Crime Commis. for federal anti-crime funds' and Slon may reasonably request in WHEREAS, the City of Dubuque connection with the grant appii- is desirous of remaining a part cations which are herein authorized of a combination of units of ge. to be med and sign aU necessary neral local government which is documents. known as the Dubuque County Passed, approved and adopted Commission on Crime and Delio- this 3rd day of April 1972. quency. WaYne A. Moldenhauer NOW, THEREFORE, BE IT Mayor RESOLVED BY THE CITY Walter A. Pregler COUNCIL OF THE CITY OF DU- Allan T. Thoms BUQUE, IOWA: C. Robert Justmann Section 1. That the City of Du- Joseph J. Bitter buque is authorized to participate Councilmen in the planning and programming Attest; required by the Iowa Crime Com- Leo F. Frommelt mission through the Dubuque City Clerk 152. Regular Session, April 3, 1972 Councilman Bitter moved adop- RESOLUTION NO. Jos.n tion of the resolution. Seeonded NOW THEREFORE BE IT by Councilman Pregler. Carried RESÓLVED BY THE C I T Y by the following vote: COUNCIL OF THE CITY OF DU- Yeas - Mayor Moldenhauer, BUQUE, IOWA: CouDcilmen Bit t e r, Justmann, That the City Manager be and Pregler, Thoma. is hereby authorized and directed N8Ja - None. to execute a Cœsent Order with the Iowa Water pollution Control March 30, 1972 Commission, a copy of which is To the Honorable Mayor attached, respecting the limitiug and City CouDcil of certain industrial contributions Please find ""closed projed of sewage to the City of Dubn- Agreement for Primary Road os- que Waste Water Treatment Fa- tenllÌClll from the Iowa State High- cility, required sampling proc... way Commission. dures and construction schedules, TIle Iowa State Highway Com- all being accomplished to abate mission is planning to improve the the pollution of the Mississippa R.. sboalders on Primary Road No. ver below Dubuque, Iowa. U S. :!II from Devon Drive to Ep- Passed, approved and adopted ";'rth, Iowa with 6" thick stabili. this 3rd day of April, 1972. zøI sbøolders. Wayne A. Moldenhauer A rtio of this ject Mayor po n pro eomes W Iter A Pregl within the CIty Limits of Dubu. a. er que such as from Devon Drive Allan T. 'l1loms to ~ point 1106 feet west and also C. Robert J'.'stmann anotber portion which Is from Josepl! J. BI",:r E.P.L. of Brunskill Road east to Atte t. Councilm"" point 900 feet. This portion of the s . roadway is not mentioned In the Leo F. Frommelt agreement, but I feel it should CIty Clerk be added and has been overlooked I, Leo F. Frommelt, Clerk of by Commission. the City of Dubuque, Iowa do here. The portion within the City will by Certify the foregoing to be a be repaved with 6" thick siabiJi- true. and correct copy ~ a Re- zed shoulders 10 feet wide on the s?lutlon Adol1ted by the Ctiy Conn- outside Traffic Lanes and 8 feet cil of the .City of Dubuque, Iowa wide on median strip side of Traf. ~~ ~:::ng on the 3rd day of fie Lanes. Wituess the seal of the said City !" .order for the Hil\hway. Com- of Dubuque, Iowa and my signa- ~on to go ahead ~th this pro- tore this 3rd day of April, 1972. ¡ect, the City must .s¡gn ~e en- Leo F. Frommelt closed agreement. This proJect will City Clerk be paid for by the Iowa State Highway Commission at no cost . Mayor Moldenhaue.r moved adop- t.. the City of Dubuque. tion of t!'e reso!"tion. Se~onded by Councilman Bitter. Carried by I, therfore, request and recom. the following vote: mend that your Honorable .Body Yeas - Mayor Moldenhauer, grant the Mayor the authority to Councilmen Bit t e r Justmann sign said agreement at the Couo- Pregler Thoms' , cil Meeting on April 3, 1972. Nays' - Non~. R~spectfully submitted, IOWA STATE HIGHWAY GUhert D. Chavenelle COMMISSION PROJECT City Manager AGREEMENT FOR PRIMARY Mayor Moldenhauer moved that ROAD EXTENSIONS the communication be received and City - Dubuque filed. Seeonded by Councilman Bit- County - Dubuque tor. Carried by the following vote: Project No. - FN-20-9(14~-31 Yeas - Mayor Moldenhauer, Iowa State Highway Commissîon Councilmen Bit t e r, Justmann, Agreement No. - 72-13-007 Pregler, Thoms. This AGREEMENT, entered into Nays - None. by and between the Iowa State Respectfoily, Gilbert D. ChaveneUe City Manager Councilman Pregler moved that the communication be referred back to the City Manager at his own request. Seconded by Coun. cilman Bitter. Carried by the fol- lowing vote; Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communicatiou of Iowa State De- partment of Health grantiug Per- mit No. 72-59-8 Waste Water Treatment Facilities Phase II, Con- tract II, Plant Odor Control Fa. cilities, subject to the planning to be contiuued for the remaining por. tions of Phase II Water Pollution Control Improvements in order that construction of such Improve. ments can be completed by De- cember 31, 1973, 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. Regular Session, April 3, 1972 153 Highway Commission, hereinafter designated the "STATE" and the City of Dubuque, Iowa, hereinafter designated the "CITY". WITNESSETH; that WHEREAS, the STATE, in ac- cordance with the provisions of Chapters 306 and 30GA, and Sec- tion 313.21 of the Code of Iowa, 1971, as amended, prOPOses to im- prove the extension of Primary Road No. US 20 within the City of Dubuque, Iowa; by construct- ing 6 inch thick stabilized shoul- ders on US 20 (both traffic lanes) from the west corporation line east approximately 1,106 feet to the west line of Devon Drive, and WHEREAS, the STATE and the CITY are willing to jointly par- ticipate in said Project, in the manner hereinafter Provided; NOW, THEREFORE, in consi- deration of these premises and the mutual covenants hereinafter set forth, it is hereby agreed as fol- lows: 1. The STATE will develop and construct the Project, and bear aU costs incident thereto. 2. AU prior agreements within the limits of this Project will re- I main in effect. IN WITNESS WHEREOF, each of the parties hereto has executed this Project Agreement as of the date shown oPposite its signature below. City of Dubuque By: WaYne A. Moldenhauer Title: Mayor Dàte: April 3, 1972 Iowa State Highway Commission By: .................................................... Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays -none. Leo F. Frommelt City Clerk of Dubuque, Iowa April 3, 1972 March 31, 1972 To the Honorable Mayor and City Council I am enclosing a letter from the Iowa State Highway Commis- sion dated February 29, 1972 in- dicatiug that an additional charge of $6,988.00 will be made for the Dodge Sireet Corridor Study. The original estimate was $25,000.00. Also enclosed is a copy of a letter of explanation written to the Iowa Highway Gommission by the contractor, Henningson, Durham & Richardson. I ask YOUr favorable COOsidera- tion of a resolution authorizing the city manager to execute an extra work order with the Highway Com- mission. Urban Engineer Date: I, Leo F. Frommelt, certify that I am the Clerk of the City of Dubuque, IOwa, and that WaYne A. Moldenhauer, wbo signed said Project Agreement for and on b... half of the City of Dubuque was duly authorized to execute the same by virtoe of a formal Re- solution duly passed and adopted by the City of Dubuque, Iowa, on the 3rd day of April, 1972, by the following caU of yeas and nays reCOrded hereon. Yeas - Mayor Moldenhauer, I 154 Regular Session, April 3, 1972 March 31, 1972 To The Honorable Mayor I and City Council Re: Iowa State Water Pollution Contol Commission - Cousent Order As a result of a meetiug with Mr. R. J. Schliekelman, Techni- ca! Secretary of the Iowa State Water pollution Control Commis- sion, on December 8, 1971, the Commission has served the City of Dubuque with a "Consent Or- der." This places the City and specific major iodustrial contribu- tors uoder penalty of law to comply with certain constraints on sewage being diacharged to the City of Dubuque Waste Water Treatment Facility. A copy of the Consent Order has been attached for your re- view. You will note that certaio industries are requested to sign the Order in addition to the City's authorized representative. The City t~~rn::vi:;:d t~e ~~:e~~e~~ ! detail and find the proVÌ8Ì()ns ac- ceptable. We have been informed by the Iowa State Department of Health that the signing of this Consent Order by the City and Industry is mandstory in order to receive ap- provals on Phase n Construction and retroactive state funds. We respectfoÜY request your Ho- norable BodY's authorization to ex- ecute this document after all the required signatures of InduStry are secured. plied, contractual arrangements as to design, construction and as to plant loading by industry. Said re- port should also include complete staff recommendations and opin- ions as to the degree of contract performance obtained. Seconded by Councilman Justmann. Mayor Moldenhauer moved to table the motion uotil the next meetiug. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Couocilmen Bitter, Pregler. Nays - Councilmen Justmann, Thoms. RESOLUTION NO. 106.72 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cig- arettes within the city of Dubu- que, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers withio said City. James L. Norton, 902 Main Street Milton Marty, 5th & Locust Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted, and approved this 3rd day of April, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Respectfully submitted, Gilbert D. Cbaveneile City Manager Councilman Bitter moved to au- thorize the City Manager to ne- Couocilman Bitter moved adop- gotiate consent order for Council tion of the resolution. Seconded approval. Seconded by Couocilman by Councilman Justmann. Carried Justmann. Carried by the follow- by the following vote: log vote: Yeas - Mayor Moldenhauer, Yeas - Mayor Moldenhauer, Couocilmen Bit t e r, Justmann, Couocilmen Bit t e r, Justmann, Pregler, Thoms. Pregler, Thoms. Nays - None. Nays - None. RESOLUTION NO. 107.72 councilman Thoms moved that WHEREAS, applications for Beer the staff including the City Soli- Permits have been submitted to citor prepare a complete progress this Council for approval and the report on our existing sewage same have been examioed, NOW treatment facility with particular THEREFORE, attention to initial stages of ne- BE IT RESOLVED by the City gotiations, selection of consultiug Council of the City of Dubuque, firms, warranties express or im- Iowa, that the following applica- Attest: Leo F. Frommelt City Clerk Regular Session, April 3, 1972 -- tions be granted and licenses is- sued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Fl::S'r=\3J;'e~~~~~ Deutsch, 45 I CLASS "C" BEER PERMIT Joseph R. Lenger, 486 North Grandview Avenue Thompson's Food Markets, Inc., 3003 Asbury Street Passed, adopted and approved this 3rd day of April, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 108.72 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the 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 followiog named applicants a Beer Permit. CLASS "B" BEER PERMIT Florance Theodore Deutsch, 45 West 13th Street CLASS "C" BEER PERMIT Joseph R. Lenger, 466 North Grandview Avenue Thompson's Food Markets, Inc., I' 3003 Asbury Street 155 BE IT FURTHER RESOLVED that the bonds med by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 3rd day of April, 1972. WaYne A. Moldenhauer Mayor Walter A. Pegler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. RESOLUTION NO. 109.72 WHEREAS, applications for Li- quor permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 131 - as amended by the 64th General Assembly, 1971 CLASS "C" (COMMERCIAL) BEER & LIQUOR Mary KathrYn Ford, 102:1 Rhom- berg Avenue Harry W. Shetler, 1902 Central Ave- nue Lois M. Morarend, 700 East 16th Street Richard W. Stecklein, 450 West Locust Street Kathleen L. Wedig, 1399 Jackson Passed, adopted and approved this 3rd day of April, 1972. WaYne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Regular Session, April 3, 1972 Justmann. Carried by the follow- log vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Leo F. Frommelt City Clerk 156 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. RESOLUTION NO. 110-72 WHEREAS, applications for Li- I Approved ....................................1972 quor permits were filed by the withio named applicants and they I have received the approval of this Adopted ......................................1972 Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordi- nances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- I SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor permit. CLASS "C" (COMMERCIAL) BEER & LIQUOR Mary KathrYn Ford, 1027 Rhom- berg Avenue Harry W. Shetler, 1902 Central Ave- I Attest: ...............................................-.. nue City Clerk. Lois M. Morarend, 700 East 16th Street Richard W. Steckelin, 450 West Locust Street Kathleen L. Wedig, 1399 Jackson Street Passed, adopted and approved this 3rd day of April, 1972. WaYne A. Moldenhauer Mayor Wa!ter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays- None. There being no further busioess Councilman Bitter moved to ad- journ. Seconded by Councilman ."......................................................... ............................................................ Councilmen Special Session, April 4, 1972 CITY COUNCIL OFFICIAL Special Session. April 4. 1972. Council met at 4:30 P.M (CST) Pra.- - Mayor Moldenhauer. Councilmen Bit t e r. Justmann. Pregler. Thoms. City Manager Gil. bert D. Chavenelle Mayor Moldenhauer read the call and stated that service thereof had been duly made and this meeting is called for the purpose of discuss- ing PROGRESS OF THE WASTE WATER TREATMENT FACILI- TIES and acting UPOn such other husiness as may properly come before a regular meetiug of the Council. At 4:40 P.M Councilman Thoms moved to go into executive session to discuss aspects of the sewage treatment plant as relates to dir. I ections to the City Attorney by the City Council. Seconded by Councilman Justmano Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Justmann, Pregler, Thoms. Nays - Councilman Bitter. At 6:20 PM the Council recon. vened in regular session with the following statement submitted by the City Attorney: Subject matter I of executive session pertained to the motion of Councilman Thoms with legal implications as appeared to the City Attorney and relating to postion by the City Attorney thereon as well as legal advice generalIy pertaining to the subject matter of the motion and it is the opinion of the City Attorney that the subject matter in view of the existing contractual relation- ship that the matter discussed per. taining thereto was of a nature and substance that the overriding i public interest dictated an execu- tive session in the opinion of the City Attorney. Councilman Thoms moved that the original motion be removed from the table. Seconded by Coun- cilman Pregler Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None Councilman Bitter moved an amendment to the original motion that Councilman Thoms be appoint- ed by this Council as a liasion between the Council as a whole and the staff to coordinate the ioformation and fact finding. The vote on the motion Was as follows: Yeas - Councilmen Bitter, Just- mann. Nays - Mayor Moldenhauer, Councilmen Pregler, Thoms. Motion failed for lack of major- ity There being no further business Councilman Pregler moved to ad- journ. Seconded by Mayor Molden. hauer Carried by the following vote: Yeas - Mayor Moldenhauer, Councilman Pregler, Thoms. Nays - Councilmen Bitter, Just- manu. Leo F. Frommelt City Clerk Approved """""""""..................1972 Adopted ......................................1972 ............................................................ ............................................................ ............................................................ Councilmen Attest: ................................................ City Clerk 157 Councilman Bitter Carried by the following vote: Yeas - Mayor Moldenhauer, Couocilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Iowa Supreme Court submittiug maps showing the boundaries of legislative districts established by the Court in its supplemental opin- ion entitled "In the Matter of the Legislative Districtiug of the Gen- eral Assembly of the State of Iowa", based on the cumulative list of revisions in official April 1, 1970 Iowa census, presented and read. Councilman Pregler moved that the maps be received and filed Seconded by Councilman Bit- ter Carried by the followiog vote: Yeas - Mayor Moldenhauer, Couocilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. 158 Special Session, April 10, 1972 CITY COUNCIL OFFICIAL Special Se..ion, April 10, 1972. Council met at 7:30 PM (CST) Present - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. City Manager Gil. bert D Chavanelle Mayor Moldenhauer read the call and stated that service thereof had been duly made and this meetiug is caUed for the purpose of con- ducting public hearings on various matters of rezoning and actiug up- on such other business as may properly come before a regular meetiug of the City Council. Communication of Mrs Jay A Sawvell complaioiog of the dog situation 10 the neighborhood of Rhomberg & Stafford avenues and requestiug action to get rid of the nuisance, presented and read. Couocilman Pregler moved that the communication be referred to the City Manager for investigation and report. Seconded by Council- man Justmann Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Couocilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None Commuoication of Mrs Clara Markey Farr calling attention to a serious health problem created by pigeons in the 1500 block of Bluff Street, presented and read. Mayor Moldenhauer moved that the communication be referred to the City Manager and Health De- partment Seconded by Councilman Bitter Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Supplemental Opioion in the Supreme Court of Iowa in the mat- ter of the Legislative districting of the General Assembly of the State of Iowa as enacted by the 64th General Assembly of the State of Iowa, House File 732, presented and read. Couocilman Pregler moved that the Opinion be re- ceived and filed. Seconded by April 6, 1972 Honorable Mayor and Members of the City Couocil In accordance with the provisions of Chapter 365 of the 1971 Code of Iowa, the Civil Service Com- mission conducted examinations for the position of Automotive Mechanic, on March 15, 1972. The following named applicant has passed the written examination and is hereby certified for appoint- ment. Birch, David L. 70% Respectfully submitted, Gerard B. Noonan Chairman Louis F. Fautsch LeRoy H. Giles Members Civil Service Comm. Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 7th day of April 1972. Eugene J. Berens Notary Public Councilman Pregler moved that the communication be received and made a matter of record. Seconded by Couocilman Bitter Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Special Session, April 10, 1972 April 6, 1972 Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 365 of the 1971 Code of Iowa, the Civil Service Com- mission conducted PROMOTION. AL EXAMINATIONS for the posi- tion of Assistant Chief Training and Personnel Officer of the Fire Department, on March 15, 1972. I The test was given to seven eligible members of the Fire De- partment none of whom received a passing grade of 70%. Respectfully submitted, Gerard B. Noonan Chairman Louis F. Fautsch LeRoy H. Giles Members Civil Attest: Service Comm. I Leo F. Frommelt City Clerk Subscribed and sworn to before me this 7th day of April 1972. Eugene. J. Berens Notary Public Councilman Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Louis F. Fautsch Members Civil Service Commission. Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 7th day of April, 1972. Eugene J. Berens Notary Public in and for Dubuque County, Iowa Counculman Pregler moved that the communication be received and made a matter of record. Second. ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. April 6, 1972 Honorable Mayor and Members of the City Council In accordance with the proviSions of Chapter 365 of the 1971 Code of Iowa, the Civil Service Com. mission conducted entrance exa. minations on March 15, 1972 for appointments to the Fire Depart- ment. The following named applicants have passed both written and phy- sical examinations and are hereby certified for appointment to the Fire Department. Swanson, Sherwood D. 90% I Theisen, Ronald J. .79% Voss, Roger A. 78% Schuster, David W. . 77% Respectfully suhmitted, LeRoy H. Giles Chairman Gerard B. Noonan April 5, 1972 To the Honorable Mayor and City Council This is to advise that I have approved the following policY and bonds, and desire to have your approval on same. COMPREHENSIVE LIABILITY F. N Smith Construction, Inc, Bi. tuminous Casualty Corporation, SIDEWALK J. W. Hansen Construction Co., Inc, Merchants Mutual Bonding Company Louis Husemann, Merchants Mu- tual Bonding Company Dick Loetscher, Inc., Continental Casualty Company Raphael H. Strub, Merchants Mu. tual Bonding Company Respectfully, Gilbert D. ChaveneUe City Manager Councilman Pregler moved ffiing approval of policy and bonds sub- ject to approval of the City At- torney. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Aprij 7, 1972 To the Honorable Mayor and City Council I wish to ioform you that I have approved Chief O,Brien's applica- tion for training at the FBI Na- tional Academy. 159 160 Special Session, April 10, 1972 The training period will be April 4, 1972 twelve w.eeks and is expected to Honorable Mayor occur this fall. and City Council In explanation, I am attaching On March 9 1972 Joseph M a copy of Chief O'Brien's letter. Lovett of 12:10 'Rosedale this city' I e~pect to follow hi~ recommen- filed claim against the City of d.ation that other officers be pe- Dubuqne in an estimated amount nodicaUy sent to !be Academy. of $92.00 clalming damages to laun- I believe that this program of dry being done in his basement, FBI trainiog will benefit the city. and same being damaged as the I will ioform you when the ap- result of sewage water backing plication of the chief has been up ioto his basement as the re- accepted and when he will be as- suit of a broken water maio at signed to the Academy. Loras and Grandview Avenue. Respectfull This matter was referred to the y, appropriate City Agency who made G!lbert D. Chavenelle an investigation therof and report- City Manager ed by letter to this office, dated Mayor Moldenhauer moved that March 29, 1972, of no liability on the communication be received and the part of tbe City and in view filed. Seconded by Councilman Bit- of the !oregoing it is the recom-- ter. Carried by the following vote: menda!1on of the City Attorney Yeas - Mayor Moldenhauer, that the clai~ of Joseph M. Lo- Couocilmen Bit t e r Justmann vett be demed Pregler, Thoms.' ' wii\:"~ginal claim is returned here- Nays - None. Respectfully submitted, April 4, 1972 R. N Russo Honorable Mayor City Attorney On March 1, 1972, Charles Sch- Mayor Moldenhauer moved that robilgen of 1554 North Grandview, the recommendation be approved. this city, filed claim agaiost the Seconded by Councilman Pregler. City of Dubuque in an estimated Carried by the following vote: amount of $172.06 clalmiog dama- Yeas - Mayor Moldenhauer, ges to the basement at said ad- Couocilmen Bit t e r, Justmann, dress on February 25, 1972 as the Pregler, Thoms. result of an aUeged broken water Nays - None. maio. A il This matter was referred to the pr 3, 1972 appropriate City Agency who made Honorable Mayor & City Council an investigation thereof and re- On September 25, 1969, Original ported by letter to this office dat- Notice with copy of Petition at- ed March 29, 1972 of no liability tached was served on the City on the part of the City and in of Dubuque, Iowa wherein the W.T view of the foregoing it is the Grant Company as plaintiff com- recommendation of the City Attor- menced an action in District Court ney that the claim of Charles Sch- of State of Iowa agaiost the City robilgen be denied. of Dubuque, Iowa and others, re- Original claim Is returned here- lattng to damages allegedly suf- with. fered by the plaintiff on or about Respectfully submitted Ju.n<: 25, 1969 by reason of per- , IDlttiug the drainage of storm sys. ~:tyN A:USSO tems to become partially ob. i orney structed and filled with mud and Mayor Moldenhauer moved ap- debris until it obstru~ted the nor- proval of the recommendation Se- ma~ flow ?f water mto the de- conded by Councilman Pregler scnbed dramage and storm sewer Carried by the following vote" system and claiming damages In . the amount of $150,000.00 in two Yea~ - M~yor Moldenhauer, separate counts One count 10, com- Councilmen Bit t e r, Justmann, mon law trespass and nuisance Pregler, Thoms. and statutory nuisance and the Nays - None. other count in simple negligence. Special Session, April 10, 1972 This matter was investigated by the City Attorney'S office together with the City of Dubuque engineer- ing department and said notice of suit was referred to the insur- ance carrier for the City of Du- buque who proceeded to defend the action in COOperation with the City Attorney's office. This matter Was scheduled for trial commencing on April 3, 1972 and on the morning of this date, the plaintiff filed a Dismissal With- out Prejudice against the City of Dubuque and the City of Dubuque dismissed Cross.Petition it filed I against the Chicago Northwestern Railroad Company by reason of the fact that the City had med a cross-petition against said rail- road company alleging in sub- stance that if any flooding water did result to the plaintiff's dam- ages, said damages to the plaintiff were caused by the action of the said railway in permittiug its Underpass to become clogged and out-of-repair and thereby causing I a backup of the water in the drain- age ditch overflowing its banks and the resulting consequential damages. It appears at this stage of the proceedings that the City of Du- buque has been dismissed out of said action, and that said action is terminated with no expense to the City of Dubuque, Iowa. Copy of petition with Original Notice heretofore med Is returned I herewith. Respectfully submitted, R.N Russo City Attorney Mayor Moldenhauer moved ap- proval of the recommendation. Se- conded 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 Marcia M. Kortmeyer, in an undetermined amount, for personal injuries re- ceived in a fall on an icy sidewalk at 2:177 Pleasant View on February 18, 1972, presented and read. Coun- cilman Pregler moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Mold- enhauer. 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 notice of pub- lic hearing to amend ZOning Ordi- nance No. 3-24 by adding a new Section 2-1, Article IV, to permit within the professional offices or studio use regulations as described in Section 2 (h) hereof an estab- lishment for compounding and sale of drugs, medicines and other re- lated items, sale of medical and surgical supplies and equipment; sale of orthopedic supplies and equipment, subject to a special permit being authorized by the Board of Adjustment. Prior to authorization of the Special Per- mit the Board of Adjustment shall find that the location and size of the use, the nature and intensity of the operation Involved or Con. ducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it, shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located, presented and read. Councilman Bitter moved that the proof of publication be received and med. Seconded by Councilman Pregler. Carried -by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Dr. R. G. Ver- non MD submittiug a propOsal to amend Proposed Ordinance so that ouly hospital institutions and the directly related professiOnal offices will be permitted, (forward from meetiug 4-3-72), presented and read. Councilman Pregler moved that the communication be receiVed and med. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. NaYs-None. Petition of Walter O. Clark et ai, retiree's of John Deere, Leo WerSinger, requesting the Council 161 162 Special Session, April 10, 1972 to refuse to vote on proposed Ordi- nance set up for April 10th meeting relative to moviog of the clinic from downtown. (forward from meetiug 4-3-72), presented and read. Councilman Pregler moved that the petition 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. Petition of Walter O. Clark et ai, senior citizens of the north I end, protestiug move of Medical Associates fro m downtown to Mercy Hospita! complex, forward from meeting 4-3-72, presented and read. Councilman Pregler moved that the petition be received and med. Seconded by Mayor Molden- hauer. Carried by the followiog vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Joe Schiltz et aI, re- tirees of John Deere, requesting the Council to discard the proposed Ordinance scheduled for hearing on April 10th, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, I Pregler, Thoms. Nays - None. Communication of Paul Becker et ux voicing no objection to the proposed building of Medical Asso- ciates on Mercy Hospital property even though the access is proposed directly across the street from their property at 963 Langworthy, presented and read. Couocilman Pregler moved that the communi- cation be received and filed. Se- conded by Mayor Moldenahuer. Carried by the following vote: Yeas - Mayor Moldenhauer, Couocilmen Bit t e r, Justmann, pregler, Thoms. Nays -'- None. Petition of Mona Hanley et ai, 523 signatures, requestiug the Council to grant Mercy Medical Center's request to amend the Zoniog ordioance to allow by spe- cial permit the construction of an apotehcary within a doctor's office building on Mercy Hospital prop- erty, presented and read. Council- man Pregler moved that the peti- tion be received and filed. Second- ed by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Couocilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Commuoication of City Attorney Russo submitting an opinion that any attempt by the Council to re- tain its control or jurisdiction over special uses in the Zoning Ordi- nance would be a derogation of State Statute and would he illegal, (forward from meetiug 4-3-72), pre- sented and read. Couocilman Preg- ler moved that the communication be received and filed. Seconded by Mayor Moldenbauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of City Attorney Russo suggestiog that if Mercy Medical Center request is granted that the amendment to the Zoning Ordinance 10 substantially in the form attached would overcome any legal objections thereto, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Mayor Moldenhauer moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Couocilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmeu Bit t e r, Justmann, Pregler, Thoms. Nays - None. Mr. Frank Richardson, Admin. istrator of Mercy Medical Center, stated that the hospital employs 763 persons. Mr Dave Gamber of Hamilton Associates, Hospital Planners, stated that the trend all Special Session, April 10, 1972 163 over the country is to have a Councilman Pregler moved that group of doctors in a complex the City Solicitor be directed to immediately adjacent to the hos- draft an amendment to the Zoning pitals. Attorney Francis O'Connor Ordinance to accomodate request representative for the Medical As- of Mercy Hospital, Mercy Medical sociates Realty spoke at great Center and Taylor Pharmacy and length in behalf of the rezoning refer back to the Council. Second- by the enactment of a new section ed by Councilman Thoms. Carried in the present zoning ordinance by the fo1Jowing vote: to permit an apotehcary. He stated Yeas - Councilmen Bitter, Preg- in summation that merits is the ler, Thoms. real test. Dr Kapp of Medical Nays - Mayor Moldenhauer Associates again reiterated their Councilman Justmann. ' intention to move from 1~00 Main Proof of Publication, certified to Street. Attorney Bob Kenline, rep- by the Publisher, of notice of pub- resentmg the SIsters of Mercy, lie hearing to amend Zoning Or- stated that they have .already ex- dinance No. 3-24 so as to change pended some $300,000 m the area S. % of 0 L 432; S. ~ of M on the strength of the zorung m % of 0 L 432, the North ~ August of 1971. Mrs Dan Am~s of S. M % of' 0 L 432: and objected to mcreasmg the traffi.c the Middle % of 0 L 432 from m the area. Walter Cl~rk, Presl- Multiple Residence District Class- dent o~ John Deere retIree g~~Up ification to Business Classification, spoke m behalf of theIr petitIon presented and read objectiug to the Medical Associates '. . . . moving from the downtown area. No wrItten obJ.ections were med Mr Wm Thill objected as being and ~o oral obJec~ors Were pre- wholly opposed to the total con- sent .In the Council Cha,?,ber at cept. After considerable discussion the tIme set for the public hear- Mayor Moldenhauer moved to re- mg. Councilman Pregl~r .moved impose the rules. Seconded by that. the proof. of publication be Councilman Bitter. Carried by the recelv~d and. filed. Se~onded by following vote: Councilman BItter. Camed by the Yeas - Mayor Moldenhauer, followmg vote: Councilmen Bit t e r, Justmann, Yea~ - M~yor Moldenhauer, Pregler, Thoms. Councilmen BIt t e r, Justmann. Nays - None. P~:~~r,_Th~:~. Councilman Justmann m 0 v e d that the question be tabled. Motion ORDINANCE NO. 12-72 died for lack of a second. An Ordinance Amending end Chan. gin9 Ordinance No. 3-34 kn-n as ORDINANCE NO. 11.72 the "Zoning Me.p and Zoning Or. An Ordinance amending Ordinance dinance of the City of Dubuque, No. 3.34 known as The Zoning Ma,p Iowa" so as to change certain and Zoning Ordinance of the City pr_rty hereinafter described of Dubuque, Iowa, by amending from "Multiple Residence District" Article IV thereof by enacting a classification to "Business" class/. new Section 2.1 thereto to permit fication, an establishment for the com. said Ordinance having been pre- pounding and sale of drugs and viously presented and read at the medicines, and other health relat. Council meeting of March 6, 1972, ed items, sale of medical and sur. presented for final adoption. gico' supplies and equipment, sa I. of orthopedic supplies and equip. ment, saie of optical items and equipment, subject to special per. mit by authorization by the Board of Adjustment within the permited professional offices of studios diS'¡ trict, presented and, said ordinance hav- ing been previously presented and read at the Council meeting of March 6, 1972. 164 Special Session, April 10, 1972 Mayor Moldenhauer moved final adoption of the ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. ORDINANCE NO. 211.72 An Ordinance authorizing Eska Cornpany, 2400 Kerper Blvd. to construct identification, sign, I presented and read. Mayor Moldenhauer moved that the reading just bad be consider- ed the first reading of the Ordi- nance. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilm... Bit t e r, Justmann, Pregler, Thoms. Nays - NODe. Mayor Moldenhauer moved that I the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Bitter. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Special Session, April 10, 1972 Socllon 5. That the p",ml"lon h...e- In ."n",d " exp,",,1V "",dm""", on pennltlre' a.""m,nt t., aJ A",me any and all lIa.n;!y ." dama." tp pee"'", ., 1"""""" whlct> may ,""It f",m th, exl,f- en",. "",,"",dlpn ... molnten- on« " "Id "gn. b) To PðY on I D,b,o" all .f D,b,o" Iowa. ""oed. 01'1"""" ond ad.pted thi, 10th day of ...,.nl972. war~!..!" M.ld,"'..." p'eol..- ~om, J,"m..n en,., T,'.."",,- 4th day of t.t 4114 Councilman Pregler moved fiua! adoption of the Ordinance. Second- ed by Councilman Thoms. Carried by the followiog vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. ORDINANCE NO. 19.72 An Ordinance authorizing Berwan. ger Boiler Shop Inc., 2240 Ker. per Blvd. to construct identifica. tion sign, presented and read. Mayor Moldenhauer moved that the reading just had be consider- ed the first reading of the Or- dinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Mayor Moldenhauer moved that the rule requiring an Ordioance to be read on three separate days be waived. Seconded by Council- man Bitter. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. ORDIN An O""nanc' Bdn" Shop, ORDINANCE No. '1).}2 nance. lo:;'a~~'.I"R~:11'. î:-g."ff,gw,'" thl' Wayne A. MoIdenha"", May., Wal,., A. 1'.-..1" Allon T. Thom' C. R.",,", J"tma... JooaI'h J. Bin" Coonollmen ATTEST, Leo F. ",ommelt City Clerl< AC' ¡:'~"boua,:;;"'b~ th¡fu, "~~.."¡~ ag,......en" th"ein rontainnd ro be pert.,m'" by ,.,.ml"""'. Do"" AI"" 4, t9n Be~ang" Bo"'" SlooP. Inc. """",fy Owne, ey Ch.,l.. B"wa",..' S,a,t"y P,'>lI"""" officiallY In ,.". HI...-"", H...old Nowo<>a- thl, f..", day " AP,II, 19n. Leo F. Frommelf City CI...k. 1t.4lf4 165 [.. F. F'ommelt City CI...k. It. 4114 Mayor Moldenhauer moved final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the fOllOWing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. ORDINANCE NO. 21.72 An Ordinance authorizing From. melt Bldg. Corp 2455 Kerper Blvd to construct flag pole, presented and read. Mayor Moldenhauer moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. 166 Special Session, April 10, 1972 Mayor Moldenhauer moved that ""ed, odoÞted ,nd ..p..,ved th" the rule requiring an Ordinance lItth dav W'~~;"Á.Ail'oí~r.;.;".. to be read on three separate days ' . p,.,,'o, be waived. Seconded by Couocil- T~~'nn {".,~gBi:O~': Carried by the fol- ATTEST' oun"lm~tto' Yeas - Mayor Moldenhauer, L'¿'itrJ~:'.m""'lt Councilmen Bit t e r, Justmann, ACCEPTAN~~. ~_gRDINANCE Pregler, Thoms. ~f~,'~oll'i;'= ",vit,."",d ,nd be- Nays - None. ¡b~""':::"~J~, ORDINANCE No. 21.72 An O,,"",n," '"th",'zl09 F",mmolt Bids. C"",.. "" K"'..' Blvd. to ,",,- "'vet 'Flag Pole. Be it.,-d,i""" by the .CitV CovAcH Special Session, April 10, 1972 167 gf - '. .---."0. Seen.. 3. Thof the """'i"lon h"e- 'n ."nfed " ex."",ly conditioned on ""'mitt.., """""nt too eJ A"vme any 'nd ell "'bility to, d'mò- '^ ----- - .ids. C"'".. . .. --, ,ommelt p,..ident By C. P. F,ommelt Se.,ete'n> Pvbli,... ofnei,lIv In The T.:e."",,- H.,.ld New,.'"", thl, 14th day of A.,'I. 1972. L.. F. F",m"",1t City CI",'. 11.4114 Mayor Moldenhauer moved final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmeu Bit t e r, Justmann, Pregler, Thoms. Nays - None. ORDINANCE NO. 22-72 An ordinance authorizing Keystone Gelatin Company, 2350 Kerper Blvd, to construct Identification sign, presented and read. Mayor Moldenhauer moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Couocilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Mayor Moldenhauer moved that the rule requiriog an Ordinance to be read on three separate days be waived. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Couocilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. t""'by "œiot,n," O'd'n,nee. P"'ed. edopted 'nd "Proved thl, 10th day " A.,II, A.D.. 1972. . MOldenh'u" . P'."I", Thom, Jv"m,"n Jo,""" BIIt" C,"nc ATTEST, L.. F. F'Ommelt City CJ", ACCEPTANCE OF ORDINANCE No. 22.72 The V"""".- heyl"" 'oed ,"d be- r"" f""iII,, with the teno, ,"d condl- non, of O'dln'nce No. - - , "'., them"I..,. the;' ."""med by ""no Iff",. D'ted A.'1i 4, 1972 K",to"' Gel'fln Com.,ny By M. H. Rehm Vice-P""dent PvbliMed oltld'"Y'n The Tel.""..- H""d New,.,.., thi, 14th day of A"Ii,1972. L.. F. F"'mmelt City CI...,. 11.4/14 Mayor Moldenhauer moved final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Building Com- missioner Donald J. Bandy ad- dressed to the City Manager rela- tive to a request received from Wm. C Brown Company to erect a sign at 2460 Kerper Blvd., pre. sented and read. Councilman Bit- ter moved that the communication be received and med. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. ORDINANCE NO. 23--72 An Ordinànce authorizing William C. Brown Co Publishers 2~ Ker. per Blvd. to canst""'t Identification si9n, presented and read. Mayor Moldenhauer moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Mayor Moldenhauer moved that the rule requiriog an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. NaYs-None. ORDINANCE No. 23-72 low" 2. Thof sv'" '"""roctl.. do", In O<Om"dence WIth Session, April 10, 1972 Mayor Moldenhauer moved fina! adoption of tbe Ordinance. Second- ed by Couocilman Pregler. Carried by the followiog vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Richard Baumgartner requesting to be ioclnded in the planning of sewer and water ser- vice to Lot 9, Block 3, Scenic Heights off 32nd Street, presented and read. The City Manager ad- vised the Council by a letter at- tached that the engineertng depart- ment has already reviewed the request of Mr. Baumgartner and that the lot will be served by the 32nd Street sewer and water main projects. Councilman Bitter moved that the petition be received and med. Seconded hy Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of H-R-W Associates re questiog rezoning of Lot A Block 22 10 Key Knolls Sub. from Multiple to Local Business "B" classifica- tion, presented and read. Council- man Bitter moved that the petition be referred to the Planning & Zon- log Commission. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Dubuque Couoty Dem- ocratic Central Committee request- log permission to conduct a door- to-door candy sale on the weekend of April 28th, presented and read. Councilman Bitter moved approval of the petition and referred to the City Manager. Seconded by Coun- cilman Pregler. Carried by the followiog vote: Yeas - Mayor Moldenhauer, Couocilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Fraternal Order of Eagles requesting a refund of $50. on the unexpired portion of Class B Beer Permit No. 67, as they bave discontinued business under HI8 Special P...... odOP... a"" -"'v.. !hI' ,.... "y of Ap'U. A.n.. 1972. Way.. A. Mo!denh.....- ..a..' ......."" Tlton" Ju,'m.~ ame, C, ATTEST, Leo F. F',on",..1t cny CIe'" ACCEPTANCE OF ORDINANCE No. 2>-72 The u""""'o"'" havl"" ,ead and .0- ms "","'a< wl!h !he te"'" and """,i- tlO"' of O""ine"'" No. 23-72 herebY. 10 =;;:;;<¡'by"¡;¡;;;;;ltf"". D"'" Aocll 10. 1m. Wllilam C. a,own Co. P""II"'" ~~~. O'Neill of P...portY OWn« Pub"""" offioially '" The Tei..,.",,- =~~d,,~:,,"""'!hl' ,4th day of Leo F. Fn",unolt City CI..-k. tt."'" Special Session, April 10, 1972 169 this license, presented and read. Councilman Bitter mOVed approval of the request and the Auditor be inStructed to issue proper War- rant. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition Df Bridge Restaurant and Lounge Inc. requesting a re- fund of $125. on the unexpired por- tion of Liquor License No C-7868 as they have discontiuUed business under this license, presented and read. Councilman Bitter moved that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- I cilman Pregler. 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 Notice of pub- lic hearing to dispose of interest in Johnson Street from Lincoln Ave. to Providence Street and the I aUey between Lincoln Ave. and Providence Street from Johnson Street to the north property line of Lot 60 of Cooks Addu. to be hereafter platted and known as Lot 3A of Mineral Lot 314 in the City of Dubuque, Iowa, to Dubuque Community School District, pre- sented and read. No written ob- jections were med and no oral objectors were present in the Coun. cil Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be received and med. Seconded by Councilman Bitter. Carried by the following Vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 111-72 WHEREAS, pursuant to Resolu- tion of published notice of time and place of hearing published in the Telegraph-Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on March 9, 1972 and March 16, 1972, City Council of City of Dubuque, Iowa, met on the 10th day of April, 1972 at 7:30 o'clock P.M (Central Standard Time) in the City Council Chamber, City HaU, Dubnque, Iowa to consider the proposal to dispose of interest of the City of Dubuque, Iowa to Dubuque Com- munity School District in and to Johnson Street from Lincoln Ave- nue to Pro\'idence Street and the alley between Lincoln Avenue and Providence Street from Johnson Street to the north property line of Lot 60 of Cook's Addition in the City of Dubuque, Iowa which shall hereafter be known and plat- ted and described as: Lot 3A of Mineral Lot 314 in the City of Dubuque, Iowa, SUbject to ease- ments reserved to itself by the City of Dubuque, Iowa as herein. after set out; and WHEREAS, City Council of Du- buque, Iowa overruled any and all objections, oral or written, to the proPOsal to disPOse of interest of City of Dubuque, Iowa, in the above described real estate to Du. buque Community School District; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section J. That the dJsposa! of interest of City of Dubuque, Iowa in real estate to the Dubuque Com- munity School District covering the folloWing described real estate, to-wit: Johnson Street froD1 Lincoln Ave- nUe to Providence Street and the alley between Lincoln Avenue and Providence Street from Johnson Street to the north property line of Lot 60 of Cook's Addition in the City of Dubuque, Iowa; which shall hereafier be known and plat. ted and described as: Lot 3A of Mineral Lot 314 in the City of Dubuque, Iowa, Subject to grantor's reserving and retain- ing a perpetual easeD1ent of 5' on each side of the public utility lines shown on the plat heretofore filed which shall be retained OVer the vacated POrtion of Johnson Street and the alley between Provi- dence Street and Lincoln Avenue from north property line of John- son Street to north property line of Lot 60 of Cook's AddJtion to- gether with the right of ingress and egress therefrom for purposes BE IT RESOLVED BY THE CI- TY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That delivery of deeds to the City of Dubuque for the following described parcel of real estate in the Downtown Urban Re- newal Project, Iowa R-15, is here- by ratified and accepted by the City of Dubuque. Grantor, Lucile E. Hasler, Deed dated January 4, 1972, Recorded in Book 208, Page 347. Property Description, Lot 2 of Block 5 in "Downtown Plaza" in the City of Dubuque, Iowa. (Par- cel 10-7). Grantor, Edwin Hasler and Ce- celia Hasler, Deed dated January 4, 1972, Recorded in Book 208, Page 246. Property Description, Lot 2 of Block 5 in "Downtown Plaza" in the City of Dubuque, Iowa. (Par- cel 10-7). Section 2. That the recording of the respective deeds of convey- ance of title in the office of the Recorder in and for Dubuque County, Iowa, is hereby ratified. Section 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved, and adopted this 10th day of April, 1972. WaYne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen 170 Special Session, April 10, 1972 of repair, maintenance of water lines, sanitary sewer lines, gas lines and other public utIlities lo- cated therein be and the same is hereby ap- proved upon payment by Dubuque Community School District of costs of platting, of costs of publication, and of recording fees, and that no abstract will be provided. Section 2. That the City Clerk be snd he is hereby authorized and directed to deliver deed of convey- ance to the Dubuque Community School District upon receipt of platting costs, publication costs and recording fees. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution 10 the office of the Dubuque County Recorder. Passed, approved and adopted this 10th day of April, 1972. WaYne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 112.72 Accepting delivery 01 deeds for the Downtown Urban Renewal Pro- ject, Iowa R.15 WHEREAS, uoder date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the uodertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to authorization and di- rection of said Loan and Capital RESOLUTION NO. 113-72 Grant Contract, has acquired for WHEREAS, Wayne Motor Sales the public purpose of implementiug has petitioned the City of Dubuque and facilitatiug the Downtown Ur- to lease a certain tract of land ban Renewal Project, Iowa R-15, described as: certain parcels of real estate; now An area of approximately one.half therefore, ('h) acre comprising a part of 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, Couocilmen Bit t e r, Justmann, Pregler, Thoms. Nays - Nooe. Special Session, April 10, 1972 Lot 1 of Subdivision of Sears-Roe- buck & Co. Subdivision No.2, 10 the City of Dubuque, Iowa, as shown on the attached plat, mark- ed Exhibit "A", which by refe. rence is made a part hereto as though fully set out herein. and; WHEREAS, the City Council has examioed the proposed form of lease by and between WaYne Mo- tor Sales and City of Dubuque, Iowa, and finds that the terms I and conditions thereof are accep- table and said lease should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBU- QUE, IOWA: Section I. That the written lease I Approved ....................................1972 between City of Dubuque, Iowa and WaYne Motor Sales be and the same is hereby approved and Adopted ......................................1972 the Mayor and City Clerk be and they are hereby authorized and directed to execute said Lease for and on behalf of the City of Du- buque, Iowa Passed, adopted and approved this 10th day of April, 1972. WaYne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk . Councilman Bitter. moved adop-I Attest: """"ëiïiëi~~k""""""""""'" !ion 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 submitted by Medical Associates, showing a form used to fill prescriptions on which it definitely states "this pre- scription may be filled at Phar- macy of your choice" along with a quote that it is not unethical I for a physician to prescribe or supply drugs, remedies, or app- liances as long as there is no exploitation of the patient, present- ed and read. Councilman Bitter moved that the communication be 171 received and med. Seconded by Councilman Pregler. Carried by the follwoing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. There being no Iorther business Councilman Pregler moved to ad- 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 ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ Councilmen Special Session April 17, 1972 CITY COUNCIL Notice of claim of Robert J. Jahn, in the amouot of $246. for car damage incurred as the result OFFICIAL of striking chuckholes in West 32nd Special Session, April 17, 1972. street on April 8, 1972, presented Council met at 7:30 P.M (CST) and read. Councilman Bitter Present - Mayor Moldenhauer, moved that the notice of claim Councilmen Bit t e r, Justmann, be referred to the City Solicitor Pregler, Thoms. City Manager GII. for investigation and report. Se- bert D. Chavanelle. conded 'by Councilman Thoms. Car- Mayor Moldenhauer read the call ried by the following vote: and stated that service thereof had Yeas - Mayor Moldenhauer been duly made and this meeting Councilmen Bit t e r, Justmann' is called for the PURPOSE OF Pregler, Thoms. ' CONDUCTING A PUBLIC HEAR. Nays - None. ING ON THE SALE OF REAL. ESTATE IN THE INDUSTRIAL Not~ce of claim of. Mrs. Emma PARK AREA and actiug upon such Enz, In an uo.d~te~mmed ~moun.t, other business as may properly for personal mJur~es r~ceived In come before a regular meetiog a fall on a defective SIdewalk at of the Council. 13th & Iowa Street on March 16, Communication of United Fund 1972, p~esented and read. Council. of Dubuque expressing gratitude man ~ltter moved that the notice for consideration shown concern- of claIm be referred to the City ing participation in a study of pub- Solicitor for investigation a~d re- lic health nursing services and port. Secon~ed by Councilman their planning committee has aban- Thoms. CarrIed by the folloWIng doned their efforts at this time, vote: presented and read. Councilman Yea~ - M~yor Moldenhauer, Thoms moved that the commuoica- Councilmen BIt t e r, Justmann, tion be received and filed. Second- Pregler, Thoms. ed by Councilman Pregler. Carried Nays - None. by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Commuoication of Mayor Mold- enhauer submittiug the "weekly mayor's report, dated April 16, 1972" presented and read. Couocil- man Thoms moved that the com- muoication be received and filed. Seconded by Couocilman Pregler. Carried by the followiog vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Kerin Mold- enhauer expressing thanks for let- ting her and their committee help to beautify the appearance of the Council Chambers, presented and read. Mayor Moldenhauer moved that the communication be re- ceived and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. 172 March 9, 1972 To the Honorable Mayor and Members of the City Council Transmitted herewith for your consideration are several amend- ments to the Refuse and Garbage Collection Ordinance (Ord. No. 66- 70). The purpose of the amend- ments are fourfold. First, we re- commend you modify slightly the mandatory provision of refuse col- lection from "residential pre- mises" as defined 10 the Ordi- nance. Second, we recommend you provide for city collection service utiliziog large refuse and garbage bins in addition to the 20 and 30 gallon garbage cans and plas- tic bags. Third, we recommend you prohibit the placement of refuse collection bins on public right-of-way, except under limited couditions when authorized by a permit issued by the City Mana- ger. And fourth, we recommend you remove the requirement that the refuse collection fee be paid in advance. Each of these recommended changes is explained in the follow- ing sections of this letter. A copy Special Session April 17, 1972 of the original ordinance is at- tached for your use. MODIFICATION OF MAN D A- TORY CITY COLLECTION OF "RESIDENTIAL PRE MIS E S" AND CLARIFICATION OF "RE- SIDENTIAL PREMISES" DEFI. NITION The Ordinance as adopted on December 14, 1970, made manda- tory the city collection of refuse and garbage from "residential pre- mises" as defined in Section 1 (d) of the ordinance. It was the I intention of the Ordinance for the city to collect all single family dwelling units, all multiple family dwelling units up to and including six separate family living quar- ters, aU apartment complexes where there were a clustering of four and six unit buildings under single ownership, all garden type apartment complexes and al! row type housing units, regardless of the total number of units in the developemnt. Two thingS have happened in I response to this provision which indicates revision. First, the city service has not been able to be extended to the large apartment complexes. This was due primarily because the volume of refuse and garbage was beyond the capability of city equipment to handle ef- ficiently. Sec<>nd, some confusion and dispute have arisen in some areas about what apartment units and complexes are included in gar- den type apartment complexes and row type housing units as speci- I fied in the ordinance. Section 1 (d) of the proposed amendment makes it clear that the city is to collect from all apart- ment complexes involving several buildings on land centraUy owned or owned in common, regardless of the number of units or whe- ther such complexes are referred to as garden type apartments, row type housing, planned apartment developement, planned condomini- um development or some other name. However, Section 2 (b) of the proposed amendment provides that upon Written request the City I Manager may exempt a develop- ment from the city collection sys. tem when he determines that the quantities or chatacteristics of the refuse and garbage are beyond the capability or capacity to he handled efficiently by city person- nel or eqnipment. This amendment provides for maintaining the iote- grity of the city collection sys- tem while having the flexibility to exempt developemnts which can. not be efficiently served. PROVISION FOR CITY COLLEC- TION SERVICE UTILIZING RE- FUSE AND GARBAGE BINS Section 2 (h) of this amendment will make available to apartment complexes city collection services using large refuse and garbage collection bins when the apartment owner feels their needs are not met through the use of garbage cans and plastic bags. This is an effort to improve the city's ser- vice to apartment complexes. It would not be available to business and commercial accounts. The current ordinance places a limit of 31 gallons on refuse and garbage containers. Several apart- ment owners have stated that this service does not meet their needs. They feel it is (a) inconvenient for them and their tenants; (b) unsanitary and unsafe to bave gar- bage cans and-or bags in their buildings; and (c) difficult for them to get someone to go around on collection day and set out the cans and-or hags. The recommend- ed revision provides that upon writ- ten request the City Manager may authorize collection service using an appropriately sized refuse and garbage collection bio when he determines that efficient, sanitary, and convenient collection service cannot be provided whithout such bin and be responsible for main- determine the size of the bio need- ed. The city and apartment owner will mutuaUy agree on the place- ment of the bin and the owner will maintain accessability to the bin and he responsible for main- taining the bin in matters of ope- ration, appearance and sanitation. The fee for this service would be $1.75 per month for each separate family living quarters served. Definitions for (a) refuse and garbage container; (b) refuse and garbage bin; (c) container collec- tion service; and (d) bin collection service are also added to the de- finitions section of the ordinance by this amendment. 173 174 Special Session April 17, 1972 PROHIBIT PLACEMENT OF PRI- VATE GARBAGE AND REFUSE BINS ON PUBLIC RIGHT-OF- WAY EXCEPT BY PERMIT Section 5 of this amendment would prohibit the placement of garbage and refuse bios on the public-right-of-way of any street or alley without first receiving a permit to do so from the City Manager. We are eJ<periencing some traf- fic and safety problems with the placement of collection bins on tlhe public right-<>f-way in various alleys around the city. This amend- ment would prohibit this practice without first obtaining a permit to do so. Through the permit pro- cess we hope to remove as many collection bios from the public- right-of-way as possible. Where this is not possible we woold require the bin be placed in a manner to minimize it as a safety ha- zard. REMOVAL OF THE REQUIRE- MENT THAT THE REFUSE COL- LECTION FEE BE PAID IN AD- VANCE. The current ordinance requires the payment of the refuse collec- tion fee in advance. This was ori- gioally necessary because there was no revenue 10 the Refuse Col- lection Fund on January I, 1971. The inadvance payment provided funds to pay wages and operate I eqnipment. ' The io-advance payment is the major source of complaint about our utility billing system. Most ci- tizens understand and appreciate why we had to go to the fee basis for refuse collection. Many, however, do not understand or ap- preciate why we are billing in advance. We recommend that the ordinance be amended to remove the provision which requires the provision whicb requires the in- advance payment. Sufficient funds are available to implemeot this recommendation. The shift to bill- ing on a current :basis woold be initiated as soon as possible after approval of the change. SUMMARY In summary, theo, the amend- ments to the refuse collection or- dinance are recommended to you to: (a) clarify the definition of "residential premises"; (b) slig htly modify the mandatory provi- sion for city collection from "re- sidential premises"; (c) provide for city collection service using collection bins; (d) prohibit the placement of private collection bins on public right-of-way; and (e) remove the provision that the col- lection fee be paid in advance. These amendments are recom- mended for your consideration. If you have any questions, please con- tact us. RespectfoUy, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the followiog vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Dubuque Dis. posal Co. objectiug to the proposed amendment to the Garbage and Refuse Ordinance and requestiog to be heard at this meeting, pre- sented and read. Councilman Preg- ler moved that the communica- tion be received and filed. Second- ed by Councilman Bitter. Carried by the follwoing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Commuoication of Table Mound Park Inc. objectiug to the proposed amendment of Ordinance No. 66- 70, Garbage and Refuse Ordinance, and requestiog deletion from the provisions of the amendment mo- bile home park developments, as such developments are iocluded within subparagraph (d) of Sec- tion 1, presented and read. Couo- cilman Pregler moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the followiog vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Mayor Moldenhauer moved that the rules be suspended in order to let anyone present address the Couocil if they so desire. Second- Special Session April 17, 1972 ed by Councilman Bitter. Carried by the following vote: Yea s - Mayor Moldenhauer, Couocilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Attorney Louis Pfeiler, repre- senting Dubuque Disposal Co., ob- jected to the propOsed amendment of the Garbage & Rubbish ordi- nance because of the encroach- I ment of public sector and private hauler. Mr. Louis Mihalakis ob- jected because it defeats private enterprise. Mr. Tom Manternach, Brenda Esser and Bob Humke all objected to the proposed amend- ment of the Garbage & Refuse Ordinance. Mr. Walter Bockes and Cletus Allen submitted the City side of the proposed amendment. Councilman Justmann moved to table this discussion for possibly two or three weeks. Seconded by Councilman Bitter. The vote on I the motion was as follows: Yeas - Councilmen Bitter, Just. mann. Nays - Mayor Moldenahuer, Councilmen Pregler, Thoms. Motion failed due to lack of a majority. Councilman Thoms moved that the proposed amendment to Ordi- nance No. 66-70 to define terms pertaining to the Municipal Collec- tion of Garbage and Refuse, be referred back to the Manager and :~:ffCo~:c;"~:~:de':f b;o~:nc?ll man Justmann. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r; Justmann Pregler, Thoms. Nays - None. Petition of Inter Lutheran Youth Council requesting permission to conduct a Jesus walk on April 29th from 4 to 5:30 P.M., presented and read. Councilman Pregler moved that the petition be ap- proved and referred to the Man- ager to work out the details. Se- I conded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Couocilmen Bit t e r; Justmann Pregler, Thoms. Nays - None. Petition of Phillip Langas re- questing rezoning of the property 175 located at 1105 Loras Blvd- from Business A to Business B classifi. cation, presented and read. 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 Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. March 8, 1972 To the Honorable Mayor and the City Council I am writiug to inform you that the construction of the Dubuque Municipal Airport Terminal Build- ing has been completed in accor- dance with the plans and specifica- tions by the Willy Construction Company. The total cost of the facility in- cluding design and site develop- ment is $453,957.36. The facility has been inspected and approved by the Architect, Durrant, Deininger, D 0 m mer, Kramer & Gordon and I recom. mend the improvement be accept- ed. RespectfoUy submitted, Gilbert D. ChaveneUe City Manager Councilman Pregler moved ap- proval of the recommendation. Se. conded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. FINAL ESTIMATE RESOLUTION NO. 114.71 WHEREAS, the contract for the DUBUQUE AIRPORT TERMINAL BLDG. AND APPURTENANCES has been completed and the City Engineer has submitted his final estimate showing the cost hereof including the cost of estimates, notices, inspection, and preparing the assesment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $453,957.38 and shall be paid from the General Obligation Bonds Fund of the City of Dubuque. 176 Passed, adopted and approved I this 17th day of April, 1972. ' Wayne A. Moldenhauer Mayor Walter A. Pregler Allsn T. Thoms C. Robert Jusimann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 115-72 (A Resolution Accepting Improve- ment.) WHEREAS, the cootract for the DUBUQUE AIRPORT TERMINAL BLDG. AND APPURTENANCES has been completed and the City Manager has examioed the work and filed his certificate statiug that the same has been completed ac. cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is bereby directed to pay to the contractor from the funds to be realized from the sale of Gen- eral obligation bonds issued upon the above described Improvement 10 amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 17th day of April, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allsn T. Thoms C. Robert Justmann Joseph J. Bitter Councilman Attest: Len F. Frommelt City Clerk Special Session April 17, 1972 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the foUowiog vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to consider proposal to dispose of Lot 3, Block 14 River- front Subdivision in the City of Dubuque, Iowa, to Frommelt in- dustries Inc., presented and read. No written objections were filed and no ora! objectors were present in the Council Chambers at the time set for the public hearing. Councilmen Pregler moved that the proof of publication be reo ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 116.72 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph-Herald, a newspaper of general circulation published 10 the City of Dubuque, Iowa on March 16, 1972 and March 23, 1972, City Council of City of Dubuque, Iowa, met on the 17th day of April, 1971 at 7:30 P.M. (Central Standard Time) in the City Council Cham- ber, City HaU, Dubuque, Iowa to consider the proposal to dispose of interest of the City of Dubuque, Iowa to Lot 3, Block 14, "River- front Subdivision No.3" 10 the City of Dubuque, Iowa, containing approximately one acre, subject to existiug easements to Frommelt Industries, Inc., and, WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate t 0 Frommelt Industires, Inc.: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of City of Dubuque, Iowa, Special Session April 17, 1972 in real estate to Frommelt Indus- tries, Inc. covering the following described real estate, to.wit: Lot 3, Block 14, "Riverfront Sub- division No.3" in the City of Du. buque, Iowa, containing approx. imately one acres, subject to exist- ing easements for the purchase price of twenty cents ($.20) per square foot for approximately one acre, in the to- tal amount of $8,712.00 be and the I same is hereby approved, subject to the following terms and condi- tions, to-wit: A. That said real estate be sold to Frommelt Industries, Inc. for the construction thereon of a new building containing approximately 34,000 square feet and costing in excess of $300,000. 2. That the sale price for said real estate shall be twenty cents ($.20) per square foot in the total amount of Eight Thousand Seven I Hundred Twelve ($8,712.00) Dollars for the acre and the receipt of Eight Hundred ($800.00) Dollars as down payment is herewith acknow- ledged by the City. 3. That construction of said bnild- log sbaU be commenced within one (1) year of adoption and the passage of this Resolution and shall be completed within two (2) years of delivery of deed, and upon fail. ure so to do :by the Frommelt Industries, Inc., purchaser, said I real estate shall automatically re- vert to the City of Dubuque, Iowa and purchase price, less damages, shall be refunded to the purchaser. 4. That the construction of all bnildings, y a r d s, parking lots, fences and ancillary improvements shall be constructed in confor- mance with existiug City codes, and manofacturing processes car- ried out 10 accord with City ordi- nances. I 5. That the City of Dubuque, Iowa retains a perpetual easement for existiug waterlines, existiug sanitary sewer and storm sewer lines and for utilities together with right of ingress and egress to re- pair, inspect and maintain the same. 6. That all utilities and services to proposed buildings be connected at buyer's expense. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver deed of con- veyance to Frommelt Industries, Inc. upon receipt of the purchase price of $8,712.00. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 17th day of April, 1972. WaYne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Moldenhauer moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. April 14, 1972 To the Honorable Mayor and City Council I hereby submit the attached sheet No.1 inclusive showing a schedule of the proposed valuations and assessments for the constrnc- !ion of the North Algona Street sanitary seWer from existiug man- hole in University Avenue Northly 277 feet. RespectfnJJy submitted, John L. White P.E. City Engineer Councilman Pregler moved that the communication be received and med. Seconded by Mayor Molden- hauer. Carried by the follOwing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Jnstmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 117.72 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SectIon 1. That the attached sheet No.1 is determined to be the schedwe of proPOSed assessment to be assessed for the construction of an eight inch (8") sanitary S'.w- er on North AIgona Street from 177 the existiug manhole in University Avenue northerly 2:17 feet, and the I valuation set out therein is hereby approved. Passed, adopted and approved this 17th day of April, 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 Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 118.72 Approva! of prelizninary plans, specifications, form of contract plat and all other documents for the construction of North Algona Sanitary sewer from the existiug manhole in University A v e n u e northerly 277 feet, at an estimated cost of $4,570.24, presented and read. Councilman Pregler moved adoption of the resolution. Second. ed by Couocilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. (Necessity for Improvement) RESOLUTION NO. 119.72 WHEREAS, proposed p 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 boundries of the district, if any. 2. The size and kind of sewers. 3. Each lot proposed to be assess- ed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, statiug the same for each different type of construction and kind of mater- ial to be used. 5. In each case the amount here- Special Session April 17, 1972 of which is estimated to be assess- ed agaiost each lot, for the NORTH ALGONA SANITARY SEW E R FROM EXISTING MANHOLE IN UNIVERSITY AVENUE NORTH- ERLY 277 FEET 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 Couocil and are now on file with City Clerk. That the cost and ex- pense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance 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 according to area and 10 proportion to the special benefits conferred thereby, and any deficiency shaU be paid out of the Sanitation Funds. Bonds shall be issued and sold in antici- pation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment <lis- trict shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and 0 r d ere d placed on file with the City Clerk this 17th day of April, 1972. WaYne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk 178 Specia] Session April 17, 1972 Councilman Pregler moved ap. proval of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. (Fixing date of hearing) RESOLUTION NO. 120.72 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 118.72 given its preliminary approval on the pro- posed plans, specifications and I form of contract and placed same on file in the office of the City Clerk for public inspection, for the NORTH A L G 0 N A SANITARY SEWER FROM EXISTING MAN- HOLD IN UNIVERSITY AVENUE NORTHERLY 2:17 FEET and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on me in the City Clerk's office for public inspection, BE IT THEREFORE RESOLV- ED that on the 15th day of May, I 1972, a public hearing will be held at 7:30 P.M. D.S.T. in the Council Chamber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and pro- posed 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 Neces- sity and the City Clerk be and I he is hereby directed to cause a notice of the time and place of such hearing to be published 10 some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its considera- tion and unless property owners at the time of final consideration of said resolution have on me with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record 179 its final decision thereon. Passed, adopted and approved this 17th day of April, 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 Thoms. 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 Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans, spec- ifications, form of contract and cost of improvements for construc- tion of intersection of U.S. Highway #20 and John F. Kennedy Road Signalization and Lighting, pre- sented and read. No written objections were filed and no ora! objections were on hand at the time set for the public hearing. Councilman Bitter moved that the proof of publication be received and med. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. (Necessity for Improvem_) RESOLUTION NO. 86-72 WHEREAS, proposed pIa n s, 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 10 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. HiGH- WAY #20 AND JOHN F. KEN- NEDY ROAD, SIGNALIZATION AND LIGHTING BE IT THEREFORE RESOLV- ED that the City Council on its the same are hereby ordered and constrncted by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in aceordance 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 expeuse of the said improvements will be made to the contractor out of Road Use Tax Funds as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and be is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for 10 the manner provided by law, the said improvements shaU be completed on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 17th day of April, 1972. Wayne A. Moldenhauer Mayor Wa!ter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen 180 Special Session April 17, 1972 own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the hereinmen- tioned improvement, and unless property owners at tbe time of the final consideration of this pro- posed resoInüon have on file with the City Clerk objections to the amount of the cost of improve- ment, they shaU be deemed to have waived aU objectioos thereto. Said improvement shaU 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 intru- duced, approved, and 0 r d ere d placed on file with the City Clerk this 13th day of March, 1972. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 17th day of April, 1972. Wayne A. Moldenhauer 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 resoJution. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenbauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. (Ordering Construction) RESOLUTION NO. 121.72 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 86-72 which was duly passed by this Council, for the construction of: INTERSECTION OF U.S. ffiGH- WAY #20 AND JOHN F. KEN- NEDY ROAD, SIGNALIZATION AND LIGHTING PROJECT be and Attest: Leo F. Frommelt City Clerk Councilman Justmann m 0 v e d adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Jusimann, Pregler, Thoms. Nays - None. Proof of Publication, certified to by the Publisher, of notice to con. tractors of the receipt of proposals for the construction of Traffic Sig- nals and street lights at Jolm F. Kennedy Road Signalization and lightiug project, presented and read. Councilman Bitter m 0 v e d that the proof of publication be received and filed. Seconded by Special Session April 17, 1972 Councilman Justmann. Carried by the following vote: Yeas - Mayor MoldenhauerJ Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - Nwe. April 14, 1972 To The Honorable Mayor and City Council PnrsuBut to your instructions, sealed proposals were received un- till0:00 A.M., Thursday, April 13, 1972 for the INTERSECTION OF U.s. HIGHWAY #20 AND JOHN F. KENNEDY ROAD SIGNALI. ZATION AND LIGHTING. Three !rids were entered with the low hid coming from Moldt Electric Service, Inc- of Dubuque, Iowa. 'Ibeir bid was 2,76% above Engineer's Estimate. I =ommend that the contract for the improvement be awarded to Moldt Electric Service. Respectfully submitted, GHbert D. Chavenelle City M8118ger Councilman Bitter moved appro- val of the recommendation. Se- conded by Councilman Justmann. Carried !by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. N ays-N one. (A_nil... Contract) RESOLUTION NO. 122-72 WHEREAS, sealed proposals have been submitted by contrac- tors for the construction of: in- tersection of U.S. Highway #20 aud Jolm F. Kennedy Road Sig- nalization and Lighting pursuant to Resolution No. 121-72 and Do- tice to bidders puhIished 10 a news- paper published in said City on March 16, 1972 and March 23, 1972; and WHEREAS, said sea!ed propo- sals were opened and read on April 13, 1972, and it has been determin- ed that the hid of Moldt Electric Service of Dubuque in the amount of $33,444.58 was the lowest bid for the furnishing of aU labor and I materials and performing the work as provided for ill the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque 181 that the oontract for the above mentioned improvement be award- ed to Mold! Electric Serviee and the Manager be and be is hereby directed to execute a contract on behalf of the City of Dnhuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon tbe signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 17th day of April, 1972. WaYne A. Moldenhauer Mayor Walter A. Pregler Allan T. 11Ioms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. NaYS-None. RaoLuTION NO. 123-72 WHEREAS, applicatiœs for Beer Permits have been snhmitted to this Council for approva! and the same have been examined NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dnbuque, Iowa, that the following applica- tions be granted and licenses is- sued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Herbert F. Bisping, 1401 Elm St. Passed, adopted and approved this 17th day of April, 1972. WByUe A. Moldenhauer Mayor Walter A. Pregler Allan T. 11Ioms C. Robert Justmann .Joseph J. Bitter ColIllCilmen Attest: Leo F. Frommelt City Cl...k compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 131-as amended by the 64th General Assembly, 1971. CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE The Dungeon, Ltd., 3rd & Locust Street Dorothy R. Hentges, 2412 Central Avenue Raymond Ney, 2186 Centra! Ave- nue Knights of Columbus Council 510, 781 Locust Street Passed, adopted and approved this 17th day of April, 1972. WaYne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen 182 Special Session April 17, 1972 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, I Councilmen Bit t e r, Justmann, Pregler, Thoms. ' Nays - None. RESOLUTION NO. 124-72 WHEREAS, applications for Beer Permits were filed by the with- in 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 bave med proper bonds; NOW THERFORE BE IT RE- SOLVED by the City Couocil of the City of Dulmque,. Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Herbert F. Bisping, 1401 Elm St. BE J1T FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 17th day of April, 1972. WaYne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Couocilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 125.72 WHEREAS, applications for li- quor permits have been submitted to this Council for approval and the same have been examioed, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the 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. RESOLUTION NO. 126.72 WHEREAS, applications for li- quor permits have been filed by the withio named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City or- dinances relevant thereto and they have filed proper bonds. NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, tbat the Manager be authorized to cause to be is- sued to the following named appli. cants a Liquor permit. CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE The Dungeon, Ltd., 3rd & Locust Street Dorothy R. Hentges, 2412 Central Avenue Reymond Ney, 2186 Central Ave- nue Knights of Columbus Council 510, 781 Locust Street Special Session April 17, 1972 Passed, adopted and approved this 17th day of April, 1972. WaYne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded I Adopted """"""""'.....................1972 by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Councilman Pregler moved that the City Manager be authorized to expedite Law Enforcement Cen. ter Referendum. Seconded by Ma- I yor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Co:~'Jm~~in~r~~e~::e:Ut"!:':~~ I Attest: """"ëïtÿ..Ci~~¡;:""""""""""" 183 journ. Seconded by Councilmen Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Len F. Frommelt City Clerk Approved """""""""""'.............1972 .......................................................... .......................................................... .......................................................... .......................................................... ......................................................... Councilmen