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1972 May Council Proceedings ~seSSion, May 1, 1972 187 CITY COUNCIL R..~ OFFICIAL .¡¡¡¡I Session, May I, 1972. Council met at 7:30 P.M. (Day. light Saving Time) Present - Councilmen Bitter, Just. mann. Pregler, Thoms. City Mana. ger Gilbert O. Chavonelle. Absent - Mayor Moldenhauer (out of City) The meeting was called to order and Councilman Bitter moved that Councilman Pregler he elected to serve as Presiding Officer ProTem of the meeting in the absence of Mayor Moldenhauer. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Councilmen Bitter, Just- mann, Pregler, Thoms. Nays - None. Presiding Officer Pro Tem Preg- ler read the caD. and stated that service thereof had been duly made and this is the REGULAR MON- THLY MEETING of the Council called for the purpose of acting I upon such business as may proper- ly come before the meeting. Communication of Mayor Mol- denhauer submitting an exCUse for his absence from the meeting, pre- sented and read. Presiding Officer Pro Tern Pregler moved that the communication b e received and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Just. mann, Thoms. Nays - None. Absent-Mayor Mol- denhauer. Mayor Moldenhauer's weekly mayor's report dated April 25, 1972 presented for the record. Presid- siding Officer Pro Tem Pregler moved that the report be received and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Presiding Officer Pro Tern Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. Communication of Congressman CuIver advising that the Ways and Means Committee has completed work on the bill of the Intergov- erumental Fiscal Coordination Act which provides that all incorpor- ated government units under 2500 will receive a portion of the al- located fonds, except very small villages of approximately ten to f i f tee n persons, presented and read. Presiding Officer Pro Tern Pregler moved that the commun- ication be received and filed. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas - Presidiog Officer Pro Tern Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. Communication of Low Rent Housiog Commission submittiog mioutes of their meeting of April 18, 1972, presented and read. Pre- siding Officer Pro Tern Pregler moved that the communication be received and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Presidiog Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Ahsent - Mayor Moldenhauer. Notice of Renewal of Govern- ment Lease from July I, 1972 to June 30, 1973 of Naval Reserve Building property located at Eagle Point, presented and read. Pre- siding Officer Pro Tern Pregler moved that the notice be referred to the City Manager and City Solic- itor. Seconded by Councilman Thoms. Carried by the followiog vote: Yeas - Presiding Officer Pro Tern Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. Communication of State of Iowa Office of the Citizens' Aide, a new- ly created office hy Statute, ef- fective July I, 1972, whose prinCipal function is to tuvestigate the com- plaints of éitizens regarding state and lOcal government presented and read. Presiding Officer Pro Tern Pregler moved that the com- munication be receIved and filed. Water Superintendent and Health Department, as well as a list of claims, for the month of March 1972. 188 Special Session, May - J,¡."J.Q'72 Seconded by Councilman Bitter. Carried by the following vote: Yeas - Presiding Officer Pro Tern Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Ahsent - Mayor Moldenhauer. Communication of The Dubuque Symphony Orchestra advising of organizing the Duhuque Youth Symphony Orchestra and request- ing that May 7th 1972 be proclaim- ed as Youth Symphony Orchestra Day, presented and read. Presiding Officer Pro Tern Pregler moved endorsement of the project and directed that the communication be sent to the Mayor to issue a proclamation. See and e d by Councilman Bitter. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. I April 27, 1972 To The Honorable Mayor And City Council, This to advise that I have ap- proved the following bonds and desire to have your approval on same. Flynn Company, Inc., St. Paul Fire & Marine Insurance Co. Clarence (Barney) Grutz, United Fire & Casualty Company M. P. Kluck and Sons, Inc., United States Fidelity & Guaranty Co. John T. Link. D-B-A, Link Con- struction Co., United States Fi- I delity & Guaranty Co. Edwards Construction Co., Mer- chants Mutual Bonding Co. RespectfolIy , Gilbert D. Chavenelle City Manager Councilman Bitter moved that filing of the hands he approved, subject to approval of the City Attoruey. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Presidiog officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. April 27, 1972 To the Honorahle Mayor and City Council I herewith submit the reports of the City Auditor, City Treasurer, Respectfully, Gilbert D. Chavenl!ll.t'> \ City Manager - ....,...;0 Presiding Officer Pro Tem Preg- ler moved that the reports be re- ceived and f i led. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. Proof of Publication, certified to by the Publisher, of Receipts and Disbursements and list of claims for the month of March 1972, pre- sented and read. Presiding Officer Pro Tem Preg- ler moved that the proof of pub- lication be received and filed. Se- conded by Councilman Bitter. Car- ried by the followiog vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. April 22, 1972 Mr. Harold Meloy County Auditor, Duhuque County Dubuque County Courthouse Dubuque, Iowa Re: Transfer of all registration and voting records pertaining to the office of the City Clerk of the City of Dubuque, Iowa Dear Mr. Meloy: This is to confirm that on this date I have transferred and de- livered to you all election and re- gistration data, materials and re- cords pertaining to the registra- tion of electors of the City of Du- buque, Iowa and the same has been transferred to you pursuant to House File 1147, passed hy the recent General Assemhly of the State of Iowa. I have delivered the foregoing material and docnments pursnant to and in accordance with the pro- visions of said Act wbich now de- signates you as the Commissioner of Elections of this County and thereby relieving this writer from any and all further duties hereto- fore imposed on him by law in connection with the registration of Special Session, May 1, 1972 electors and the maintenance of all records and documents pertain- ing thereto. This is further to confirm that it is my understanding thay your directions to me to deliver the foregoing material and documents and records Was pursuant to said Act by reason of the fact that you are now the County Commis- sioner of Registration and all Elec- tions and that you have designated the location of such records and in accordance therewith we have I delivered same to you on this date. I would appreéiate YOur ackoowl- edgment of the receipt of this let- ter and also ackoowledge receipt of the items mentioned in the Con- text herein. Yours very troly, Leo F. Frommelt City Clerk City of Dubuque, Iowa Ackoowledged and received this 22nd day of April 1972, including inventory of registration and elec- tion materials and supplies dated and sigoed said April 22, 1972. Harold P. Meloy County Auditor Commissioner of Elec- tions County Court House Duhuque, Iowa Presidiog Officer Pro Tem Preg- ler moved that the communica- tion be received and filed and made a matter of record. Secood- ed by Councilman Bitter. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justmano, Thoms. Nays - None. Absent - Mayor Moldenhau~ April 21, 1972 Honorable Mayor and Council Members The City Planoiog and Zoning Commission has reviewed a re- quest to rezone property described as Lot A of Block 22 in "Key Knolls Subdivision" in tbe City of Duhuque, Iowa, from Multiple Re- sidence classification to Local Bu- siness "B" classification. This pro- perty is located on the east side of John F. Kennedy Road imme- diately south of the proposed ex- tension of Hillcrest Road. I The Commission determined that this request does not conform to the plan for this area. I! is the recommendation of the City Planning and Zoning Com- mission that the request be denied. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Acting City Planoer Councilman Bitter moved that the recommendatioo be received and filed and the rules he sus- pended in order to let anyone pre- sent address the Council if they so desire. Seconded by Presiding Officer Pro Tem Pregler, Council- men Bitter, Justmann, Tboms. Nays - None. Absent - Mayor Moldenhauer. Petition of Attorney Robert M. Bertsch, in behalf of H-R-W As- sociates requesting permission to address the Council relative to de- nial of petition for rezoning of Lot A Blk 22 in Key Knolls Sub., presented and read. Councilman Bitter moved that the petition be received and filed. Seconded by Presiding Officer Pro Tem Preg- ler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays-None. Absent - Mayor Moldenhauer. Attorney Robert M. Bertsch ad- dressed the council -by stating that the H-R-W property is directly east of the Clemens Motor Sales pro- perty. The present use classifica- tion is unreasonable and the closest residential property has no objec- tion to rezoning. I! is an arbi- trary denial on the part of the Planning & Zoning Commission. Mr. Richard Hansel also address- ed the Council relative to there- zoning request. Councilman Justmann moved that the recommendation of the Planning & Zoning Commission be sustaioed. Seconded by Presid- ing Officer Pro Tem Pregler. The vote on the motion Was as fol- Jaws: Yeas - Presiding Officer Pro Tem Pregler, Councilman Just- mana. Nays - Councilmen Bitter, Thoms- Absent - Mayor Moldenhauer. 189 STEM ANP TWO TREES, preselltedand read. Councilman Justmann moved that the reading of the Ordinance just had be considered the first reading of the Ordinance. Second- ed by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas - Presidiog Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. Councilman JustmQIUl moved that the rule fOquiring an Ordi- nance to be read on three se- perate days he waived. Seconded by Presiding Officer Pro Tam Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, COUlicilll1en Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhaner. OROINANCE Ne. ...,. ~:m°'l:°I~'i.Ec~~T.I:ß~:K~ r..\\¡ K....., Blvd. TO CONSTRUCT ....,nk'e, System and two "e.. ~Õu~1:I.:"8t-"V'J'e 'UTJHÕF CIJJ BUQUE, IOWA' C. &rown Blvd. .. n eo 1"1-1 No.3 In Special Session, May 1, 1972 190 Special Session, May 1, 1972 191 Motion failed for lack of a ma- jority. Councilman Bitter moved that the recommendation be referred to the Council meeting scheduled for May 15th. Seconded by Pre- sidiog Officer Pro Tem Pregler. Carried by the following vote: Yeas - PfOsiding Officer Pro Tem Pregler, Councilmen Bitter, JUstmann, Thoms. Nays - None. Ahsent - Mayor Moldenhauer. Notice of claim of John S. Adams, in the amount of $71.33 for plumbing expense incurred as the result of a sewer back.up at his home on 935 Indian Ridge on March 17, 1972, presented and read. Presiding Officer Pro Tem Pregler moved that the notice of claim be referred to the City Attorney for investigation and report. Se- conded by Councilman Justmann. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. April 25, 19'12 To the Honorable Mayor and City Council A request has been received from the Wiltiam C. Brown Co. 2460 Kerp,er Blvd. for permission to in- I stall an underground sprinkting sy- stem and plant two trees in the puhlic right-of-way. I submit the request for your consideration. I also enclose a let- ter from Mr. Bandy who reviewed the proposal. Respectfully, Gilhert D. Chavenelle City MaQager Presiding Officer Pro Tem preg- ler moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler. Councilmen Bitter, Justmann, Thoms. Nays - None. Ahsent - Mayor Moldenhauer. ORDINANCE NO. 24.72 AN ORDINANCE AUTHORIZING WILLIAM C. BROWN CO. PUB- LISHERS 2460 KERPER BLVD. TO CONSTRUCT SPRINKLER SY- a-" p,,:~ P"'<d.-of'" and,..roy", ",i, ¡'f davof May, A.O.. 1m. e,..,... OOi"" Pro Tem ñom, J",lmann Blff... .. OWn... Go"",,, .,'0"';:;;; Offl,... Publ""", of"",IIy In The TeI.."",,- Hmld New.pa.., "", 4", day 01 M,y, 1972. L'l',,;'cf.,';'r""elt 11.5/4 Councilman Justmann moved final adoption of the Ordinance. Seconded by Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. ORDINANCE NO. 25.72 An Or"lnance Amernling Or"inanca No. 33-49 known as the "Traffic Corle of Dubuque, Iowa" as amend. eel þy adding a ...W subsection 14 to Section 8.1 thereof Estab- lishing a s""",, limit on Kerper Boulevard from Pine Street to Hawthorne street, presented and read. Councilman Justmann moved that the readiog just had he con- sidered the first reading of the Ordinance. Seconded by Presiding "stem 1Wo ,...., 'J To indemnify 'nd C of Oubuo", ".. ,nd :~ :~~~ '~"1¡\ui\'J' ..""", or d,....... to p"",'" Officer Pro Tem Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. Councilman Justmann moved that the rule requiring an Ordi- nance to be read on three se- parate days be waived. Seconded by Presiding Officer Pro Tem Pregler, Councilmen Bitier, Just- mann, Thoms. Nays - None. Absent - Mayor ATTEST, Leo F. F'romelt Clfy Clerk Pub"""" offidally in The Teleg'aph- Hmld New"".., "'Is 4", day of May,1972. Leo F. Frommelt Clfy CI..... 11. 5/4 Councilman Justmann moved that fioal adoption of the Ordi- nance. Seconded by Presiding Of- ficer Pro Tem Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. ORDINANCE NO. 26-72 An Ordinance Amernling Ordinance No. 33-49 known as The "Traffic Code of Dubuque, Iowa" as amend. ed by R_aling Saction 17.1 and enacting a new Section 17.1 In lieu thereof providing for the dis- play of Lighted Head'amps on Mo. tor Vehicles under Certain Con- ditions, presented and read. Councilman Justmann moved that the reading just had be con- 192 Special Session, May 1, 1972 sidered the first reading of the Yeas - Presiding Officer Pro Ordinance. Seconded by Presiding Tem Pregler, Councilmen Bitter, Officer Pro Tem Pregler. Carried Justmann, Thoms. by the following vote: Nays - None. Yeas - Presiding Officer Pro Absent - Mayor Moldenhauer. Tem Pregler, Councilmen Bitter, Petition of Alice Erschen re- Ju~tmann, ~oms. questing a refond of $125, on un- ays - one. expired portion of Liquor License Ahsent - Mayor Moldenhauer. No. C-1541, as the result of mak- Councilman Justmann moved ing an application for a comhina- that the rule requiring an Ordi- tion beer & Liquor License, pre- nance to be read on three se- sented and read. Presiding Officer parate days be waived. Seconded pr~ Tem Pregler moved that the by Presiding Officer Pro Tem petibon be granted and the Au- Pregler Carried by the following ditor instrocted to issue proper vote: ' warrant. Seconded by Councilman Yeas - Presidiog Officer Pro Justmann. Carried by the follow- Tem Pregler Councilmen Bitter mg vote: Justmano Thoms. 'Yeas - Presiding Officer Pro Nays":' None. Tem Pregler, Councilmen Bitter, Absent - Mayor Moldenhauer. Justmann, Thoms. Nays - None. AN OR~~~~~~~C:M~~O::;~ OROI- Ahsent - Mayor Moldenhaner. ~~~Ã~F~c'" ~o'E K~~W~.:.tQT.:'l Petition of Donald M. Love re- :~~A;E~i,~~~~.~E.."N~YE~~~;i~'G que~ting a ,:efond of. $125. ~n un- A NEW SECTION 17.1 IN LIEU expired portion of LIquor LIcense b~S'¡,~~FO:~i!,V~~~'I,GH:.."ORL~~ No. C-1562, ~s t~e result of m~- ON MOTOR VEHICLES UNOER CER- mg an apphcation for a combl- TAIN CONOITIONS nation beer & Liquor License, pre- E~OB~ j",,'ioRÉI~~RËO~~gL °OR."~~NÉ sented and read. Presiding Offi- CITY OF OUBUQUE, IOWA' cer Pro Tem Pregler moved that Socllo. 1. That O,dl.a.ce No. 33-49 the refund be granted and the ~ ;~:':~~.";""';I~: ~;~labi'ha;~.~:::: Auditor instrocted to issue proper ~~a';:;'~':~';.~o:;¡,~ Sactl" 17.1 I" """ warrant. Second.ed by Councilman "Sactl," 17.1 Justmann. CarrIed by the follow- Eva", mo'" vahlcla uPO" a 'IToe' ing vote: :~~~:;: t:~ ~~~;,::, a~~d'i";¡ t;:o;"" Yeas - Presiding Officer Pro 0"'" fim" wh," ""dill,,, ,uoh Tem Pregler, Councilmen Bitter, ~fdatol'~,:~i~ia:'~~h,f:, ~"".riJ:'; Justmann, Thoms. ~~~',~, ~;,'a;~:bl:,,~¡'~~"'a ~:~ Nays - None. 'a"ce ot flva hu"d"d (SOlI) 'oe' Ahsent - Mayor Moldenhauer. ahaad ,hall dl"lav 11""" hoad- ~~m6';d::'~:'~~V~do'" 3~4~';'~g:a~n~ Petition of Carl N. Brant re- """fio"' with "",oct to pal1<'" questing a refund of $125. on un- ~¡~:~~ ~:~a;~~~." ,tatod, '" 0'- expired portion of Liquor License Pa,..d. a.."vad <md adOP"" thl, No. C-1568, as the result of mak- '" day ot May. 191'2. in an application for a combina- W~':;:ldf", 'ó~¡'::~ p" Tam tion heer & Liquor License, pre- All," T. Thom, sented and read Presiding Offi- ~o,~g~a7. J~¡;¡,:,;"" cer Pro Tem Pr~gler moved that Cou"dlm," the refund he granted and the t;::~STÞ"mmalt Auditor instructed to issue p.r°per Cltv CI"O warrant. Seconded by Councilman Publl,h'" officiallY I" Tha T"..,aph- Justmann. Carried by the following :;:";.':"~97~aw".." thl, ,th day ot vote: Lao F. F"mma" Yeas - Presiding Officer Pro Cltv CI"O. Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Ahsent - Mayor Moldenhauer. Petition of David Blazek, as pub- licity Chairman for Loras College If. 5/' Councilman Justmano moved final adoption of the Orinance. Se- conded by Presiding Officer Pro Tem Pregler. Carried hy the fol- lowing vote: Special Session, May 1, 1972 of "End the War Write-In Com- mittee" requesting permission to set up tables, distribute literature on the corner of 9th & Main, under and around the Town Ciock Pla- za and near the Dubuque Packing Co., also requesting permission to conduct an end the war peace vigil in Washington Park, all to be held on May 4th, presented and read. Councilman Justmann moved that the petition be grant- ed and referred to the City Ma- nager for implementation. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Petition of Robert Daykio re- questing vacation of the alley to the rear of 810 S. Grandview Ave., so that it can be made accessible for traffic, presented and read. Mr. Bob Feeney of 815 Ramona requested that the alley not be I closed. Presiding Officer Pro Tem Pregler moved that the petition be referred to the City Manager. Seconded by Councilman Jus t- mann. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. Petition of Tower Investments Inc. requesting rezoning of pro- I perty located on Rockdale Road I nexi to Table Mound School, now classified R4, to C-6, property pre- viously desigoated as a shopping area, presented and read. Coun- cilman Bitter moved that the pe- tition be referred to the Planoing & Zoning Commission for conside- ration at the appropriate time. Se- conded by Presiding Officer Pro Tem Pregler. Carried by the fol- lowing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. Petition of E. E. Turner of Lo- ras College requesting permission to Use the Downtown Plaza as a site for a peaceful gathering to coincide with a national call I to action by the American Friend Service Committee being concern- ed about the new directions of the war in Southeast Asia, pre- sented and read. Councilman Just- mann moved that the petition be granted and referred to the City Manager. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. Petition of Steve Witthoeft et ai requesting permission to construct a maintenance garage, warehouse and wash bay for semi-trailer trucks off E. 4th Street Extension, pre- sented and read. Presiding Offi- cer Pro Tem Pregler moved that the petition be granted contingent upon approval of the City Mana- ger and staff. Seconded by Coun- cilman Thoms. Carried by the fol- lowing vote: Yeas - Presiding Officer Pro Tem Pregler. Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. April 21, 1972 Honorable Mayor and Council Members The City Plauning and Zoning Commission has reviewed the final plat of Block 4, Lots 1 thru 80, inclusive, and Block 5 of Sunset Park Subdivision #3, in the City of Dubuque, Iowa. The Commission has found that the plat conforms to the approved preliminary plat for this area. l! is the recommendation of the Commission that the plat be ap- proved subject to approval of the City Engineer of all required im- provements and installations. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Acting City Planner Councilman Bitter moved that the communication be received and filed. Seconded by Presiding Of- ficer Pro Tem Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. 193 Special Session, May 1, 1972 Sunset Park Subdivision No.3 io the City of Dubuque, Iowa, is here- by approved and the Mayor and City Clerk are hereby authorized and directed tu endorse the ap- proval of the City of Dubuqne upon said plat providing the Owner of said property, hereinbefore named, executes written acceptance hereto attached, agreeing: a. To reduce Hillcrest Road and Clifford and Lagen Streets to grade as shown by the profiles submitted with the plat. b. To surface Hillcrest Road, a width of 36 feet, and Clifford and Lagen Streets a width of 30 feet with 6" portland Cement Con- crete Pavement with integral curb and getter or Asphaltic Concrete Surfacing. All of the foregoiog shaD. be constructed according to the latest city of Dubuque Specifica- tions. c. To iostall sidewaJks au both sides of Hillcrest Road and Clif- ford and Lagen Streets in accor- dance with the City of Duhuque Standard specifications for Perma- nent Sidewalks. d. To install water mains in ac- cordance with plans submitted with this plat. e. To install sanitary sewers in accordance with plans submitted with this plat. f. To install the sanitary sewer and water house laterals for each lot to behind the property line. g. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager and under the inspection of the City Engi- neer. h. To maintain all street im- provements and sewer and water maios for a period of four (4) years from the date of its accep- tance. i. To constroct said improve- ments prior to November 30, 1974. j. To provide the foregoing con- struction and maintenance at the expense of the Owner. and further provided that the Schiltz Development Corporation as owner of said Subdivision se- cure the performance of the fore- going conditions hy providing se- curity in such sums and with such sureties as may be áccèptable to the City Manager. 194 RESOLUTION NO. 127.72 Resolution approving the plat of Lots 1.60, Inclusive, Block No.4; and Block No.5, all in Sunset Park Subdivision No.3, in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat in which: Lot 1 of Lot 1 of Lot 1 of Lot 1 of the East One-half of the South- west One-Quarter, Section 21, Township 89 North, Range 2 East of the 5th Principal Meridian in the City of Dubuque, Iowa, I is platted as Lots 1-60, inclusive, Block No. 4, and Block No.5, all io Sun- set Park Subdivision No.3 in the City of Duhuque, Iowa, by Schilt. Development Corpora. tion as Owner thereof; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and ap- proved by said body; and WHEREAS, upon said plat ap- pears streets to be known as Hill- crest Road, Clifford Street and La- I gen Street, and also easements for public utilities which the Owner upon said plat had dedicated to the public forever; and WHEREAS, said plat has heen found by the City Council to con- form to the Statutes and Ordi- nances relating thereto except that the streets have not been reduced to grade or paving, sewer, water, or sidewaJks iostalled therein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section I. That the dedication of Hillcrest Road and Clifford and Lagen Streets, together with the easements for public utilities all as the same appears upon said plat; be and the same are hereby accepted and that said streets be and are hereby established as pub- lic streets in the City of Dubuque; Section 2. That the plat of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the E a stOne-half of the Southwest One-Quarter, Section 21, Township 89 North, Range 2 East of the 5th Principal Meri- dian in the City of Dubuque, Io- wa, and which will hereafter be koown as Lots 1-60, inclusive, Block No.4; and Block No.5 all in Special Session, May 1, 1972 Section 3. That in the event Schiltz Development Corporation shall fail to execute the accep- tance and provide security pro- vided for io Section 2 hereof with- in forty-five (45) days from the date of this Resolution the pro- visions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by recorded roll call vote this 1st day of May, 1972. Walter A. Pregler Presiding Offi- cer Pro Tem Allan T. Thoms C. Robert Jnstmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk To: Leo F. Frommelt, City Clerk This is to certify that the se- curity required for the foregoiog Resolution 127-72 has been provid- ed by the Owner. Duhuque, Iowa, June 7, 1972. Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION NO. 127-72 Schiltz Development Corporation, haviog read the terms and con- ditions of the foregoiog Resolution 127-72 and being familiar with the contents thereof, hereby accepts the same and agrees to perform the cooditions therein required. SCHILTZ DE VEL 0 P- MENT CORPORATION I J. G. Schiltz, President L. J. Schiltz, Secretary Dated June 7, 1972. Councilman Bitter moved adop- tion of the resolution. Scconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. April 21, 1972 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed the final i 195 plat of Blocks, 1, 2, and 3 each in "Arbor Oaks" in the City of Dubuque, Iowa, heing comprised of: Lot 2 of Lot 1 of Lot 1 of Block A in "Highiand"; Lot 2 of Lot 1 of Block A in "Highland"; and Lot 2 of Block A in "High- land", all in the City of Dubu- que, Iowa. The Commission has found that the plat conforms to the approved prelimioary plat for this area. l! is the recommendation of the Commission that the plat be ap- proved subject to approval of the City Engioeer of all required im- provements and installations. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Daniel DIttemore Acting City Planner Councilman Bitter moved that the communication be received and filed. Seconded by Presidiog Of- ficer Pro Tem Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tern Pregler, Councilmen Bitter, Justmann, Thoms. Nays-None. Absent - Mayor Moldenhauer. RESOLUTION NO. 128.72 Resolution _roving the Plat of Blocks 1, 2 and 3, each In "Ar. bor Oak," In the City of Oubu. que, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be koown as Blocks 1, 2 and 3, each in "Arbor Oaks" in the City of Dubuque, Iowa, hy and; WHEREAS, upon said plat ap- pear streets to be known as Spring Valley Road and Arbor Oaks Drive, together with certaio puhlic utili- ty easements which the Owners by said plat have dedicated to the public furever; and WHEREAS, said plat has been examined hy the City Planning and Zoning Commission and had its approval endorsed thereon: and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relat- ing thereto, except that street grades have not been established, the streets brought to grade, or paving, sewer or water installed; 196 Special Session, May 1, 1972 wa - Northwestern Development Company, as owner; i. To constroct said improve- ments, except sidewalks, prior to May 1, 1974, and to constroct the sidewalks prior to May 1, 1976; and further provided that said Io- wa - Northwestern Development Company as owner of said Suh- division, secure the performance of the foregoing conditions by pro- viding security in such form and with such sureties as may he ac- ceptable to the City Manager. Section 3. That io the event Io- wa - Northwestern Development Company, shall fail to execute the acceptance and furnish the securi- ty provided for in Section 2 here- of within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 1st day of May A.D., 1972. Walter A. Pregler Presiding Offi- cer Pro Tern Allan T. Thoms C. Roher! Justmann Joseph J. Bitter Councilmen NOW THEREFORE, BE IT I RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the dedications of Spring Valley Road and Arbor Oaks Drive, together with the ease- ments for public utilities as the same appear upon said plat, be and the same are hereby accep- ted; Section 2. That the plat of Blocks 1, 2 and 3, each in "Arbor Oaks" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said prop- erty herein named, execute their written acceptance hereto attached I agreeiog: a. To reduce all streets to grade and to construct concrete curb and getter and to hard surface Spring Valley Road and Arbor Oaks Drive with bituminous concrete, or with concrete paviog with integral curb, all in accordance with City of Du- huqne standard specifications; b. To iostall sanitary sewer mains and sewer service laterals in accordance with plans submit- ted with the plat; c. To install water mains and water service laterals in accor. dance with plans suhmitted with the plat; d. To install storm sewers and catchhasins in accordance with plans submitted with The Plat; I e. To install concrete sidewalks as required by Ordinances, and where directed by the City En- gineer and the City Manager; f. To constroct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the iospection of the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoiog im- provements for a period of four (4) years from the date of their acceptance by the City of Dubu- que, Iowa; h. To provide the foregoing con- struction and maintenance at the I sale expense of the Subdivider, Io- I Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 128-72 We, the undersigned President and Secretary of Iowa Northwes- tern Development Company having read the terms and conditions of the furegoing Resolution No. 128- 72 and heing familiar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 10th day of May, 1972. Iowa Northwestern Deve- lopment Company James A. Schwers President Carolyn Nauman Secretary-Treasurer To: Leo F. Frommelt City Clerk This is to certify that the se- curity provided by the foregoing Special Session, May 1, 1972 RESOLUTION NO. 128-72 has been evidencing the approval and au- furnished by the owners. thorization to execute the same Dated at Dubuque, Iowa, this as may be required by the go- 9th. day of June, 1972. verument. Gilbert D. Chavenelle Passed, approved and adopted City Manager this 1st day of May, 1972. . . Walter A. Pregler . Councilman BItter. moved adop. Presiding Offi- tion of .th.e resol~tion. Seconded cer Pro Tem by Presiding. Officer Pro T~m Alan T. Thoms Pregler. CarrIed by the followmg Joseph J. Bitter vote: Councilmen Yeas - Presidiog Officer Pro Attest. Tem Pregler, Councilmen Bitter, Leo' F. Frommelt Justmann, Thoms. City Clerk Nays - None. Absent - Mayor Moldenhauer. CERTIFiCATE I, the undersigoed, he~eby cer- RESOLUTION NO. 129.72 tify' (1) that I am the duly ap- R~lution authorizing execution of pofuted, qualified and acting City Grant Agreem- Clerk of the City of Dubuque, Io- WHEREAS, CITY OF DUBU- wa .desigoated io the foregoing Re- QUE, IOWA, has heretofore sub- solution Authoriziog Execution of mitted an application to the Unit- Grant Agreement; (2) that I am ed States of America, Department the custodian, of the records of of Housing and Urban Develop- the City of Dubuque, Iowa includ- ment (the "Government") for a iog the records of its CIty Coun- grant under Section 702 of" the cil designated io the Resolution: Housiog ,and Urban Development (3) that the above copy of the Act of 1965, as amended, to aid Resolution is a troe and correct io financing a certain public works copy of the said Resolution as identified as Project No. WS-IOWA- adopted at a duly authorized meet- 99 and ing of the said City Council of WHEREAS, the Government has the City of Dubuque, Iowa held approved the said application and on the 1st day of May, 1972 and has suhmitted to the Applicant a on file and of record; (4) that certaio Grant Agreement (the the said meeting was duly con- "Agreement") for approval and ex- vened and held io accordance with ecutioo by the Applicant which said all applicable laws and regulations, Agreement is satisfactory, that a legal quoru~ Was present NOW THEREFORE BE IT RE- throughout !he meeting, that a le- SOLVED BY THE CITY COUN. gally sufficIent. nu~ber of ~em- CIL OF THE CITY OF DUBU- bers of the saId CIty Council of QUE IOWA: !he City of Dubuque, Iowa voted ' . ill the proper manner for the adop- Section 1. That th~ sa~d Agree- tion of the said Resolntion, and ment, a copy of which IS attac~- that all other requirements for the ~d hereto, be and the .same IS proper adOPtion of the said Re- hereby approyed. That Gil?ert D. solution were fully observed; and Chavenelle, City Manager, IS here- (5) that no action has been taken by authorize? and directed ~ exe- by the said City Council of the cute the SOld Agreement m ~e City of Dubuque, Iowa of the City name and on behalf. of the CIty of Dubuque, Iowa to reconsider, of Dubuque, Iowa, ill as many amend or rescind the said Reso- counterparts as may be necessary, lution and that Leo F. Frommelt, City IN WrwESS WHEREOF I have C!erk, is here~y aut!'orized and hereunto set my hand a~d seal dll'.e~ted to affix or ":npress the of the City of Dubuque, Iowa, this OfficIal seal of the CIty of Du- 1st day of May 1972 buque, Iowa thereon and ~ atte~t Leo F: Fro;"melt the same. The proper officer IS City Clerk directed to forward the said ex."- City of Dubuque, Iowa cuted counterparts of the saId Agreement to the Government, to- Presidiog Office; Pro Tem Preg- gether with such other documents ler moved adoptIOn of the reso- 197 Lea.. Purcha.. Agreement This Lee.. Purchase Agreement IS made and entered into by and between the American Trust. Savings Bank of Dubnque, Iowa, hereinafter referred to and called "Lessor" and City of Dubuq..., I_a by and through its Board of Library TrusteM, hereinafter reo ferred to and caned "Lassee". WITNESSETH: In consideration of the mutual covenants hereioafter set forth, it is hereby agreed by and between the parties hereto as follows: 1. LESSOR herehy leases t 0 LESSEE the following descrihed property: One 1971, International, Mod e I 1853FC Bookmobile Serial No. 268514 G 435040. Lessee agrees to provide the nec- essary storage of said property and agrees to furnish repairs and maiotenance of same during the term hereof and agrees to return and deliver said property to Lessor at the end of the lease term in as good condition as at tho be- ginning of the term, ordinary wear and tear excepted. 2. This lease shall commence on the 1st day of May, 1972 and shall continue for tho term of three (3) years. Lessee agrees to pay Lessor a monthly rental of $1000.44 payable on the 1st day of each month, commenciog with the 1st day of May 1972. In addition, Les- see shall reimburse Lessor for the cost of taxes and insurance upon presentation hy Lessor of paid re- ceipts therefor. 3. Lessee shall furnish Lessor with copy of policy of insurance written by a company authorized to do business in the State of Iowa insurtug Lessor and Lessee providing for tho following cover- ages and providing that there he no cancellation or change io the policy until Lessor shall have been given ten (10) days prior written notice thereof: a) Workmen's compensation. b) Automobile Liability Ins u r- anee with $100,000/300,000, bodily injury limits and $100,000 property damage limits. c) Comprehensive General Lia- bility Insurance with at least $100, 000-300,000 bodily iojury limits and $100,000 property damage limits. 199 198 Special Session, May 1, 1972 lotion. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Thoms. Nays - Councilman Justmann. Absent - Mayor Moldenhauer. RESOLUTION NO. l~n WHEREAS, City Council of the I City of Dubuque, Iowa passed, ap- ; proved and adopted Resolution No. 23-70 on the 28th day of Septem- ber, 1970, authorizing the Mayor and City Clerk to execute a Lease Purchase Contract hy and between City of Dubuque and City of Du- buque, Iowa by and through its Board of Library Trustees for the purchase of of one Bookmobile un- der and by virtue of a Lease Purchase Agreement. That Lease Purchase Agreement has been en- tered intu and the Mayor and City Clerk should be anthorized to exe- cute the same for and on behalf of the City of Duhune, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tho execution of Lease Purchase Agreement by and between American Trust & Savings Bank of Dubuque, Iowa and City of Dnhuqne, Iowa and City of Du- buque, Iowa by and thrOugh its Booed of Lihrary Trustees be and the same is hereby ratified and confirmed. Section 2. That copy of s aid lease Purchase Agreement is here- to attached and by reference made a part hereof and that the Board of Library Trustees of the City of Dubuque, Iowa be and they are hereby authorized and directed to execute said Lease Purchase Agreement. Passed, approved and adopted this 1st day of May, 1972. Walter A. Pregler Presiding Offi- cer Pro Tem Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Special Session, May 1, 1972 4. Lessee agrees to USe the leased Thoms. Carried by the following property for library purposes only. vote: 5. If Lessee shall fail to comply Yeas - Presiding. Officer. Pro with any of the terms or conditioos Tem Pregler, Councilmen BItter, of this Lease, the Lessor in ad- Justmanu, Thoms. dition to any other remedies may Nays - None. exercise at its discretion anyone Absent - Mayor Moldenhauer. of. the following «:medies, after RESOLUTION NO. 131-72 thirty (30) days notice of default: BE IT RESOLVED hy the City . a) Declare the rent for said en- Council of the City of Duhuque, tire term due and proceed to col- Iowa, that the following having lect tho same. complied with the provisions of b) Elect to declare a forfeiture laws re~a~ng to th!, sale of Cigar- of this lease and aU Lessee's rights ettes WIthin the City of Dubuque, hereunder, and Lessor may take I~wa, be granted a. permit to sell immediate possession of tho leased Ciga~ttes. a n,d CIgarette papers property and remove tho same WIthin saId. CIty. from premises of the Lessee. Albert HelDZ . 8. Lessee shall not assigo this 3301 Penosylvama Avenue lease or any POrtion thereof with- BE IT FUR~ER ~ESOLVED out first securing the written con- th31t ~e bonds filed WIth the ap- sent of the Lessor. plication be approved. 7. Lessee is hereby given and Passed, adopted and approved granted by the Lessor, its Succes- this 1st day of May, 1972. Sora and assigos, the right and Walter A. Pregler option to purchase said property Presiding Offi- for the sum of $36,015.84 upon giv- cer Pro Tem ing thirty (30) days prior written Allan T. Thoms notice of Lessee to Lessor of its C. Robert Justmann intention to purchase same and Joseph J. Bitter any and aU rental payments made Attest: prior thereto shall be applied to- Leo F. Frommelt ward said purchase price and upon City Clerk payment of same, Lessor shall Coo- . . vey title to said property to Les- . Councilman BItter. moved adop- see hy appropriate instroments of tion of ~e resolution. Se~onded conveyance. by Council.man Thoms. CarrIed by . the followmg vote: 8. It IS further agreed and under- Yeas - Presiding Officer Pro stood th~t at the .end of the term Tem Pregler, Councilmen Bitter, hereof, title to saId property shall Justmanu Thoms automatically vest in and become Nays": None.' the prop~ of Less",: and Lessor Absent - Mayor Moldenhauer. shall forthWIth upon saId completed payments of rental installments RESOLUTiON NO. 132.72- convey title thereto to Lessee by WHEREAS, applications for Beer appropriate conveying instroment. permits have been submitted to Dated and executed this 1st day this Council for approval and the of May, 1972 CITY OF DUBUQUE, same have been examined: NOW IA. By: Walter A. Pregler, Presid- THEREFORE, ing Officer Pro Tem BE IT RESOLVED by the City By: Leo F. Frommelt, City Clerk Council of the City of Dubuque, AMERICAN TRUST &. SAVINGS Iowa, that the following applica- BANK, Dubuque, Iowa, By: Robert tions be granted and licenses is- G. Holscher Lessor sued upon the compliance with the BOARD OF LIBRARY TRUSTEES terms of the ordinances of the OF THE CITY OF DUBUQUE, City. Iowa, By: Karl G. S c h roe d e r, CLASS "8" BEER PERMIT Medio L. Hantelmano, Willlam G., Harry N. Gantert, 1301 Rhomberg Fullmer. Lessee Avenue Presiding Officer Pro Tern Preg- CLASS "c" BEER PERMIT ler moved adoption of the resolu- Walgreen Co. 555 J.F. Kennedy tion. Seconded by Councilman Mall 200 Special Session, May 1, 1972 Carl Van Duelman, 590 Clarke Dr. Passed, adopted and approved this 1st day of May, 1972. Walter A. Pregler Presiding Offi- cer Pro Tern Allan T. Thoms C. Robert Justmann Joseph J. Bitter Counéilmen Attest: Leo. F. Frommelt City Clerk Councilman Bitter moved adop- I tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler" Councilmen Bitter, ,Iustmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. RESOLUTION NO. 133.n 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 RESOLVED hy the City Council of the City of Dubuque, Iowa, that I the Manager be authorized to cause to be issued to the following nam- ed applicants a Beer permit. CLASS "B" BEER PERMIT Harry N. Gantert, 1301 Rhomberg Avenue CLASS "c" BEER PERMIT Walgreen Co., 555 J. F. Kennedy Mall Carl Van Duelman, 590 Clarke Drive BE IT FURTHER RESOLVED that the honds filed by such ap- plicants be and the same are bere- hy approved. Passed, adopted and approved this 1st day of May, 1972. Walter A. Pregler Presiding Offi- cer Pro Tem Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenlianer. , RESOLUTION NO. 134-n WHEREAS, applications for Lj.. quor permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuqne, 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-a.. amended hy the 64th General Assemhly, 1971. CLASS "c" (COMMERCIAL) BEER & LIQUOR LICENSE Marco's Inc., 2022 Central Avenne Jeanann M. Majerus, 253 Maio Street John F. Hall, 2616 Wiodsor Ave. nue CLASS "A" (CLUB) BEER & LIQUOR LICENSE Dubuque Golf & Country Club, End of Randall Place Passed, adopted and approved this 1st day of May, 1972. Walter A. Pregler Presiding Offi- cer Pro Tern Allan T., Thoms C. Rohert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried hy the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Ahsent - Mayor Moldenhaner. RESOLUTION NO. 135.72 WHEREAS, applications fur Li- quor permits were filed by the within named applicants and they Special Session, May 1, 1972 have received the approval nf this Council, and WHEREAS, the premises to he I Approved ......................................1972 occupied by such applicants were thiospeScttedte anLd founddtoallcomc~IY with I Adopted """"'.'.............................1972 e a aw an lty or. dinances relevant there{o and they have filed proper bonds, NOW THEREFORE BE IT RESOLVED by the City Council of Dubuque, Iowa, that the Ma- nager be authorized to cause to be issued to the following named I applicants a Liquor permit. CLASS "c" (COMMERCIAL) BEER & LIQUOR LICENSE Marco's, Inc., 2022 Central Avenue Jeanann M. Majerus, 253 Maio Street John F. Hall, 2616 Wiodsor Ave- nue CLASS "A" (CLUB) BEER & LIQUOR LICENSE Dubuque Golf & Country Cluh, End of Randall Place Passed, adopted and approved this 1st day of May, 1972. Walter A. Pregler Presiding Offi. cer Pro Tem I Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tioo of the resolution. Seconded by Couneilman Thoms. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justman, Thoms. Nays - None. Absent - Mayor Moldenhauer. There heiog no further business Councilman Bitter moved to ad- journ. Seconded by Presiding Of- i fleer Pro Tem Pregler. Carried hy the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Bitter, Justmann, Thoms. Nays - None. Absent - Mayor Moldenhauer. Leo F. Frommelt City Clerk 201 .......................................................... .......................................................... .......................................................... .......................................................... .......................................................... Counéilmen Attest: """""""'citÿ:(::i;~k"""""""" Special Session, May B, 1972 Councilman Pregler moved that the rules he suspended io order to let anyone present address the Council if they so desire. Second- ed by Councilman Justmann. Car- ried by the following vote: Yeas - Mayor Moldenhaner, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. City Engineer John White ex- plained to the Council the advan- tages of paving Grandview Ave. with concrete rather than asphalt. The overall cost is slightly higher with concrete io comparison to as- phalt. Mr. James Reynolds attor- ney for property owners affected by the assessment to pay for con- stroction of Grandview stated that the people do not want cnncrete. They want an asphalt street, the best product at the lowest price. The street would be a lot quieter, less costly and would not be an occasion to be used for heavy truck traffic. Mra. George Robey and Dr. Laube spoke in favor of con- structing Grandview Ave with con- crete rather than asphalt. Mr. Clarence Connolly made ioquiry as to the height of curb and Mr. Andrew Rhomberg made inquiry as to the hase of the street. Mr. James White was of the opinion that the use of the street would dictate t hat asphalt surfacing would be adequate. After consid- erable discussion Councilman Just- mann moved to reimpose the rules. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - Nnne. Councilman Pregler moved that all objections to the paving of Grandview Ave. be overruled. Sec- onded hy Mayor Moldenhauer. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - Nnne. Councilman Justmann m 0 v e d that the paving Grandview Ave. as proposed be accepted. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Juatmann, Pregler, Thoms. Nays - None. 002 CITY COUNCIL I OFFICIAL Special Session, May 8, 1972. Council met at 7:30 P.M. (COT) Pnsent - Mayor Moldenhauer, Councilmen Bit t e r, Justmenn, Pregler, Thoms. City Manager Gil. bert O. Chavenelle. Mayor Moldenhauer read the call and stated that service thereof had been duly made and this meeting is called for the purpose of Con- ducting a Public Hearing on the Resolutions of Necessity for the Construction of City of Dubuque 1972 Concrete Paving with Integral Curb Project No. I, and City of Dubuque 1972 Asphalt Paving Pro- ject No.1, and acting upon such other business as may properly come before a regular meetiog of the Council. Proof of publication, certified to by the publisher, of Notice of Pen- dency of Resolution of Necessity for public improvements and hear- ing upon proposed plans and spec- ifications, form of contract and cost of improvements for construc- tion of City of Dubuque 1972 Con- crete Paving with Integral Curb I Project No.1, on the following named streets; 1) Grandview Ave. from W.P.L. of Southern Ave. to S.P.L. of Whelan Street, 2) Tenth Street from W.P.L. of Locust Street to E.P.L. of Bluff Street and Ninth and Bluff streets intersection, pre- sented and read. Councilman Preg- ler moved that the proof of pub- lication be received and filed. Se- conded by Councilman Thoms. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Couucilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Donald B. Tanke et al (243 sigoatures) objecting to the paving oc Grandview Ave. from Southern to Whelan with concrete for various specific reasons, pre- sented and read. Councilman Preg- ler moved that the petition be re- ceived and filed. Seconded by May- or Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhaner, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Special Session, May 8, 1972 200 Mayor Moldenhauer m 0 v e d to suspend the rules in order to let anyone present address the Council if they so desire. Seconded b y Councilman Pregler. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. A discussion arose as to the ben- efits of wideniog Tenth Street from Locust to Bluff and the Ninth and Bluff Streets Intersections as pro- posed in the concrete paving pro- gram for 1972. Charles W. Mosher and Richard J. Hocking of Barton- Aschman Associates Inc. submitted a review of Traffic conditions at Eighth and Ninth Streets corridor in the CBD, showing that it has become necessary to reevaluate the traffic circulation plan for the north end of the mall area. At the present time two plans have been identified as permanent solu- tions as follows: (1) the use of Ninth and Tenth streets as the east-west arterial passing through the CBD, providing access and ci- ty-wide travel services; (2) an al- ternate suggestion has been made to use Eighth and Ninth streets as the east-west arterial street. The first proposal was the one incorporated io the renewal plan and also in the Gruen plan. The review indicates that the objectives are substantially better served by the Nioth and Tenth Streets plan, than hy using Eighth Street. The use of the latter street is in con- flict with the basic concept for the retail core. It does not pro- vide any iocrease in travel con- venience while significanlly detrac- ting from the pedestrian environ- ment. Considering relative cost esti- mates, the Ninth and Tenth streets. plan will require certain improve- ments, as noted above, which will cost $130,000 plus $130,000 to $160,00 to added right-of-way. The Eighth and Ninth Streets plan will prob- ably cost $100,000 to $200,000. The net cost has to he measured in terms of improved pedestrian safe- ty and on better potential for CBD redevelopment with its correspond- iog iocrease in property values. Mr. Bruce Meriwether of the First National Bank, Mr. Ed. Sheppley owner of the Dubuque building, Richard Ludwig president of the Chamber of Commerce, Mr. Don Leopold as a member of the American Trust & Savings Bank, Mr. Dun Klauer and Tom Nesler ,both owners of businesses io the Plaza, all spoke very well of the mall as it is presently construct- ed and strenously objected to any change. Busioess men in the area have experienced an increase io their business sales and are very happy with the north end of the mall in its present state and are anxiously waiting for its comple- tion to the south. They spoke of dishearteniog experiences of the past, during constroction etc., but are now encouraged by the de- lightful change in both the area and shopping climate. Mayor Moldenhauer moved that the rules be reimposed. 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 to proceed with the widening of Tenth Street. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. (NECESSITY FOR IMPROVEMENT) RESOLUTION NO. 78-72 WHEREAS, proposed plans, spe. cifications, form of contract plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file io the of- fice of the City Clerk showing among other thiogs the following: 1. The assessment limits, if any. 2. The streets to be improved. 3. The width of such improve- ments. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate nf the cost of the proposed improvement, stating the same for each different type of CooStroction and kind of ma- terial to he used. 6. In each case the amount there- nf which is estimated to be as- Special Session, May 8, 1972 posed hy the City Council this 8th day of May 1972. Wayne A. Moldenhaner Mayor Walter A. Pregler Allan T. Thoms C. Rohert Justmano Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Justmann moved fi- nal adoption of the resolution. Se- conded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Oeoision of Council upon objec- tions to plans, specifioatlons, form of contract and oost of improve- ments RESOLUTION NO. 136--72 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1972 Concrete Pa- ving with Integral Curb Project No.1 1. Grandview Avenue, from the W.P.L. of Southern Avenue to the S.P.L. of Whelan Street. 2. Tenth Street, from the W. P.L. of Locust to the E.P.L. of Bluff Street and the Ninth and Bluff Streets Intersection. have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa 1971 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifica- tions or contract for or cost of such improvements, said time be- ing this 8th day of May, 1972; and WHEREAS, the City Council met in special session this 8th day of May, 1972, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein descrihed and pro- posed to be made; and W4 sessed agaiost each lot, for the City of Dubuque 1972 Concrete Pa. ving with Integral Curb Project No.1 1. Grandview Avenue, From the W.P.L. of Southern Avenue to the S.P.L. of Whelan Street. 2. Tenth Street, from the W.P. L. of Locust to the E.P.L. of Bluff Street and the Ninth and Bluff Streets Intersection. BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public I welfare to make the herein men- tioned improvement, and uuIess property owners at the time of the fioal consideration of this pro- posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections there- to. Said improvements shall be con- structed and done io accordance with the plans and specifications which have been prepared there- fore by the City Engineer which ð~~~c~e~~/~~~o~~~ ~~ :: ~m; I the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned pro- perty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same ahuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall ' be paid out of the street fund, Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolutnon was intro- duced, approved and ordered plac- ed on file with the City Clerk this 13th day of March, 1972. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- Special Session, May 8, 1972 205 WHEREAS, all interested parties have been given an opportunity to be heard and all objects which have been duly weighed and considered; now, therfore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, spe- cifications, contract for or cost of said improvement herein described and' proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are herehy adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objectioos which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent re- cord in connection with said im- provement. Passed, adopted and approved this 8th day of May, 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 Thoms 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. (ORDERING CONSTRUCTION) RESOLUTION NO. 137.72 BE IT RESOLVED BY THE CI- TY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a re- solution of necessity No. 78-72 which was duly passed by this Council, for the constroction of Ci- ty of Dubuque 1972 Concrete Pa- ving with Integral Curb Project No.1 be and the same are hereby or- dered and constrocted by this Council upon its own motion and with or without the petition of pro- perty owners. AU the work shall be constrocted in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by I e v y i n g special assessments against the privately owned pro- perty lying within the assessable distance from the improvements, whether SUch property abut upon the same or are adjacent there- to, according to the area thereof and in proportion to the special benefits conferred, and any de- ficiency will be paid out of the general, improvement, or sewer fonds of the city, or partly from each of such fonds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided 'by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- stroction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 120 days after no- tice 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 8th day May, 1972. Wayne A. Molde!Ú1auer 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, Justmano, Pregler, Thoms. Nays - None. 206 Special Session, May 8, 1972 proof of Publication, certified to of the street and were of the opi- by the Puhlisher, of Notice of Peo- nion that the street needs a good dency of Resolution of Necessity patch job. A representative of for pnblic improvements and hear- Westminster Church expressed ap- iog npon proposed plans and speci- proval of the paving of Univer. fications form of contract and cost sity from McCormick to Gilliam of improvements for constroction with the exception of consideration of City of Dubuque 1972 AqlMlt for a pedestrian traffic light. ~~': :'='s=~tsl. 00 the fol- Councilman Justman m 0 v e d . that Vernon Street be deleted from 1. Dubuque Floodwall streets. the 1972 Asphalt Paving Project 2. Eagle Point Park-Roadway. No. 1. Seconded by Councilman 3. Hillcrest Road from W.P.L. Thoms. Carried hy the following of Carter Road tu the W.P.L. of vote: ~ 10 of Block 11 of Hillcrest Yeas - Mayor Moldenhauer, HeIghts. Councilmen Bit t e r, Justmann, 4. John F. Kennedy Road, widen- Pregler, Thoms. ing lanes at Pennsylvania Aveoue. Nays - None. 5. University Av~ue from the Councilman Pregler moved that W.P.L. of McC~rnnck Street to items 1 thru 5, streets as they the E.P.L. of Gilliam Street. appear io the proof of pnbllca- 6. Vernon Street from W.P.L. tion, remain io the 1972 Asphalt of Glen Oak to the E.P.L. of Mt. Paviog program. Seconded by Pleasant Street, Councilman Bitter. Carried by the presented and read. Councilman following vote: Pre~er. moved tha~ the pro"!' of Yeas - Mayor Moldenhauer, pnblicabon be receI~ed and filed. Councilmen Bit t e r, Justmann, Sec~ed by council~an Thoms. Pregler Thoms. Carried by the followmg vote: Na s '- None. Yeas - Mayor Moldenhauer, y Councilmen Bit t e r, Justmann, RESOLUTION NO. 138.72 Pregler, Thoms. Resolution Amanding Resolution Nays - None. No. 82-72 Petition of Wayne McDonald et BE IT RESOLVED BY THE CI. aI (16 sigGers) objecting to paving TY COUNCIL OF THE CITY OF of Vernon Street from Mt. Plea- DUBUQUE, IOWA: sant to Gleo Oak, presented and Section 1. That Resolution No. read. Councilman Pregler moved 82-72 being the Resolution of Ne- that the petition be received and cessity for the City of Dubuque filed. Seconded by Councilman 1972 Asphalt Paving Project No. Thoms. Carried by the following 1. be and the same is hereby vote: amended by deleting the following Yeas - Mayor Moldenhauer, portions of the following named Councilmen Bit t e r Justmaun streets therefrom: Pregler Thoms' ' Vernon Street from W.P.L. of Glen NayS' - Non~. Oak to E.P.L. of Mt. Pleasant Passed, Adopted and Approved Councilman Pregler moved that this 8th day of May, 1972. the rules be suspended in order Wayne A. Moldenhauer to let anyone present address the Mayor Conncil if they so desire. Second- Walter A. Pregler ed by Councilman Justmann. Car- Allan T. Thoms ried by the following vote: C. Robert Justmano Yeas - Mayor Moldenhauer, Joseph J. Bitter Councilmen Bit t e r, Justmann, Councilmen pregler, Thoms. Nays - None. Mr. Wayne McDonald and Mrs. Meyers both residents of Vernon Street ohjected to the paving of the street due to the light travel Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by CounclIman Bitter. Carried by Special Session, May 8, 1972 the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmano, Pregler, Thoms. Nays - None. (Necessity for 'I1If>rovement) RESOLUTION NO. 82.72 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file io the office of the City Clerk showing among other things the following: 1. The assessment limits, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating I the same for each different type of constroction and kiod of ma- terial to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City nf Dubuque 1972 Asphalt Pa. ving Project No. I 1. Dubuque Floodwall Streets 2. Eagle Point Park, Roadway 3. ffillcrest Road, from the W. P.L. of Carter Road to the W.P.L. of Lof 10 of Block 11 of Hill- I crest Heights. 4. John F. Kennedy Road, wid- ening lanes at Pennsylvania Ave- nue. 5. University Avenue, from the W.P.L. of McCormick Street to the E.P.L. of Gilliam Street. BE IT THEREFORE RESOLV- ED that the City Council on its own motion or npon petition of property owners, deems it advis- able and necessary for the pub- lic welfare to make the herein I mentioned improvement, and un- less property owners at the time of the fioal consideration nf this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections there- to. Said improvements sh..ll be con- strocted and dooe io accordance with the plans and specifications which have been prepared there- fore by the City Engioeer whicb I have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned pro- perty lyiog withio assessable dis- tance provided by law and io an amount not to exceed the amount provided by law, property will he assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund, Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The railway POrtion of any street or assessment district shall be as- sessed to and paid by the rail- way company. The above resolutioo was intro- duced, approved and ordered plac- ed on file with the City Clerk this 13th day of March, 1972. RECORD OF FINAL ADOPTION The foregoiog resolution was fi- nally passed and adopted, as amended, by the City Council this 8th day of May 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmaun Joseph J. Bitter Counéilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved fioal adoption of the resolution. Second- ed hy Councilman Thoms. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Decision of Council upon objec. tions to plans, specifications, form of contract and cost of improve- ments RESOLUTION NO. 139.72 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1972 As- phalt Paving Project No.1 207 1. Dubuque Floodwall Streets 2. Eagle Point Park, Roadway 3. Hillcrest Road, from the W.P. L. of Carter Road to the W.P.L. of Lot 10 of Block 11 of Hill- crest Heights. 4. John F. Kennedy Road wi- dening lanes at Pennsylvania Ave. nue. 5. University Avenue, from the W.P.L. of McCormick Street to the E.P.L. of Gilliam Street. have been approved hy the City Council of the City of Duhuque and public notice given as pro- vided by Chapter 23 of the Code of Iowa, 1971, p~rtaining to pub- lic contracts and hondo, and the time and place fixed for the hear- ing of all ohjections to said plans, specifications or contract for or cost of such improvements, said time being this 8th day of May, 1972; and WHEREAS, the City Council met in special session this 8th day of May, 1972, at 7:30 o'clock P.M. D$.T. at the Council Chamhers io the City Hall for the purpose of hearing all ioterested parties and considering any and all ob- jections which have heen filed to the proposed plans, specifications or contract for or cost of the im- provement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have heen duly weighed and considered; now, therfore BE IT RESOLVED by the City Council of the City of Duhuque, that all objections which have been made and filed to the plans, spe- cifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overrul~d and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have heen filed to the plans, specifications and form of cost said improvement be made a matter of permanant re- cord in connection with said im- provement. Special Session, May 8, 1972 Passed, adopted and approved this 8th day of May, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. (ORDERING CONSTRUCTION) RESOLUTION NO. 140.72. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 82-72 which was duly passed by this Council, for the construction of City of Dubuque 1972 Asphalt Pav- ing Prolect No.1. . ,. . be and the same are herehy or- dered and constrocted by t his Council upon its own motion and with or without the petition 0 f property owners. All the work shall be constrocted in accordance with the plans and specifications hereto- fore adopted and now on' file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for hy levying special ass e ssm e n t s against the privately owned pro- perty lying within the assessahle distance from the improvements, whether such property ahut upon the same or are adjacent thereto, according to the area thereof aod in proportion to the special benefits conferred, and any deficiency will be paid out of the general, im- provement, or sewer fonds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred pay- ments of assessments as provided by law after the work has heen completed and accepted by the City Council. 208 Special Session, May 8, 1972 BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- stroction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 120 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 8th day May, 1972. Wayne A. Moldenhauer Mayor. Walter A. Pregler Allan T. Thoms C. Rohert 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 followiog vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Warthurg theological Seminary requesting rezoning from Single Family to Multiple Resi- dence District Classification por- tions of M.L. 130 and 140, to be under subsection "M", present- ed and read. Councilman Justmann m 0 v e d that the petition be referred to the Planniog & Zoniog Commis- sion. Secooded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Mayor Mold- enhauer submitting his weekly Ma- yor's report dated May 7, 1972, presented for the record. Council- man Pregler moved that the com- munication be received and filed. Seconded hy Councilman Bit t e r. 209 Carried by the followiog vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. May 4, 1972 Hon. Mayor and City Council On the 27th day of March, 1972, Joe Bush filed claim against Harry W. Randall and Lloyd B. Elliot, d-b-a H. & R. Wrecking Company pursuant to Chapter 573 of the 1971 Code of Iowa and said claim was referred to the City Attorney. This matter was taken up hy the City Attorney and it has been determined that the City is re- taining a sum of money from the contract price, pursuant to agree- ment between all the parties here- to. The City Attorney has negotiated with the claimant as well as with the Merchants Mutual Bonding Co., the bonding company of the con- tractor, as well as representatives of the H. & R. Wrecking Company. Accordingly, I have directed the Urban Renewal Director, Mr. Gent W. Wittenberg, to remit the sum of $1,931.00 payable to Joe Bush through this office for delivery up- on receipt of duly executed Re- lease and Waiver and I have also directed Mr. Wittenberg to remit the balance on hand of said ten percent retention to Merchants Mu- tual Bonding Company and Mr. Lloyd B. Elliot and H. & R. Wreck- ing Company a partnership com- posed of Harry W. Randall and Lloyd B. Elliot and on delivery of same to the Merchants Mutual Bonding Company, tbat this matter may be considered closed, said balance to be remitted being $960. 49. Lien Waiver of Joe Bush is attached. Original Claim is enclosed here- with. While we have colIateral infor- mation that there are other sup- pliers who have not been paid, it is the opinion nf the City At- torney that they did not file claim pursuant to statute that the con- ractor is entitled to the retained amount and that the unpaid clai- mants can pursue their remedies against tbe contractor directly with WHEREAS, the grantor has de- livered a correction deed contaio- ing the correct description of the premises conveyed; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That corrected War- ranty Deed from Fred Klett and Katie Klett, a-k-a Kathryn Klett, hushand and wife, dated !be 26th day of October, 1971 he and the same is hereby aecepted. Section 2. That the City Clerk be and he is hereby directed to file in the office of the County Recorder said corrected deed and in all other respects the matters contaioed in Resolution No. 262-71 be and the same are hereby ra- tified and confirmed. Passed, approved and adopted this 8th day of May, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen 210 Special Session, May 8, 1972 out invoking the aid and assistance I of the City of Duhuque. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation and that payment he authorized. Se- conded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Richard N. Stec1clein requesting a refund of $125. on the unexpired portion of Liquor Lieense C-1573, due to application for a combination beer & liquor license, presented and read. Coun- cilman Bitter moved approval of the refund and directed the Au- ditor to issue proper warrant. Se- conded hy Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 141.72 WHEREAS, by Resolution No. I 262-71 of the City Council of the City of Dubuque, Iowa, the City of Dubuque, Iowa accepted d e- livery of Warranty Deed from Fred Klett and Katie Klett covering-a certain parcel of real estate ac- quired for airport purposes and which Resolution was passed, adopted and approved on the 30th day of Augost, 1971 and recorded in the office of the Dubuque Coun- ty Recorder in Book 20 of records, page 61; and WHEREAS, said original War- ranty Deed and Resolution contain- ed an inadvertent misdescription in the following parcel thereof, to- wit: "Also Lot 1 of the Subdivision of Lot 2 of Lot 1 of the South- east Quarter of the Southeast Quarter, Section 35 . . ." whereas, infact, the description thereof should have been: Also Lot 1 of the Subdivision of Lot 2 of Lot 1 of the South- east Quarter of the Northeast Quarter, Section 35, and 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. 142.72 WHEREAS on the 27th day of September, 1971, the City by and through its Mayor and City Clerk executed a Quit Claim Deed to the Finley Hospital conveying cer- tain parcel of real estate; and WHEREAS, it appears that the grantee has not received delivery of said deed and it may now fair- ly be presumed that the same is lost or mislaid or destroyed; and WHEREAS, the said grantee has requested another Quit Claim Deed in the premises; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN- Councilman Pregler moved adop- tioo of the resolution. Seconded by Councilman Thoms. Carried by tbe following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. There being no further iJUsiness Councilman Justmann moved to adjourn. Seconded by Councilman Special Session, May 8, 1972 211 CIL OF THE CITY OF DUBU- Section 1. That the termination QUE, IOWA: of lease by and between the City Section 1. That the Mayor and of Dubuque, Iowa and the United City Clerk be and they are hereby States of America, dated January authorized to execute a Quit Claim 1, 1947, as amended, being de- Deed to Finley Hospital coveriog slgnated as Lease No. NOy (R)- the real estate described in Re- 4083, be and the same IS hereby solutions No. 265-71 and No. 286- approved and all the improvements 71. In Resolution of City Council thereon s1!uated shall be and do numbered 265-71 and 236-71 the real hereby become the absolute pro- estate was generally described as perty of the City of Dubuque, 10- Lot 32A in Finley Home Addition wa from and after the 1st day also Lot 32B in Finley Home Ad: of May, 1972. dition in the City of Dubuque, 10- Section 2. That the City Mana- wa. ger and the City Clerk be and Section 2. That the City Cierk they are her.eby authorized, empo- be and he is hereby authorized wered and dIre~ted to execute said and directed to deliver said Quit lease termInatIon agreement for Claim Deed unto The Finley Has- and on behalf of the City of Du- pital, Dubuque, Iowa. buque, Iowa. Passed, approved and adopted Section 3. That the City of Du- this 8th day of May, 1972. buque,. Iowa be .and it is hereby authonzed and directed to pay the Wayne A. Moldenhauer Government of the United States Mayor of America the sum nf $500.00 by Walter A. Pregler way of payment of administrative Allan T. Thoms costs in connection with this lease C. Robert Justmano termioation. Joseph J'C~~~Jmen Section 4. That the City Clerk Attest: be an~ he is hereby authorized Leo F. Frommelt and dIrected to re.cOrd. certified City Clerk copy of the Resolution In the re- cords of Dubuque County Iowa Councilman Bitter moved adop- together with copy of leas~ termi: tion of the resolution. Seconded nation agreement attached thereto. by Councilm"." Pregler. Carried Passed, approved and adopted by the followmg vote: this 8th day of May, 1972. Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmano, Wayne A. Moldenhauer Pregler, Thoms. Mayor Nays - None. Walter A. Pregler Allan T. Thoms RESOLUTION NO. 143-72 C. Robert Justmann WHEREAS, the United States of Joseph J. Bitte.r America has heretofore leased cer- Councilmen tain iand in the City of Dubuque, Attest: Iowa from the City of Dubuque ~ F. Frommelt under and by virtue of Lease No. 1!y Clerk NOy (R)-4083, dated January 1, 1947, as amended; and WHEREAS, the United States of America by and through the Ad- minister of General Services de- sires to terminate such lease and such lease termination is agreed to by City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 212 Special Session, May 8, 1972 Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays - None. Leo F. Frommelt City Clerk Approved ...........,........................1972 Adopted ...........,.......,..................1972 .......................................................... Councilmen Attest """"""""ëiï;"'ëi~k"""'."" Special Session, May 15, 1972 CITY COUNCIL OFFICIAL Special Session May 15, 1972. Council met at 7:30 P.M. (C. O.T.) Present - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. City Manager Gil. bert O. Chavenelle. Mayor Moldenhauer read the call and stated that service thereof had heen duly made and this meeting is called for the purpose of CON. OUCTING A PUBLIC HEARING ON THE RESOLUTION OF NE. CESSITY FOR THE CONSTRUC. TION OF NORTH ALGONA SANi. TARY SEWER FROM EXISTING MANHOLE IN UNIVERSITY AVE. NL Y 277' and acting upon such other business as may properly come before a regoiar meeting of the Council. May 8, 1972 To the Honorable Mayor and City Council I am returning to you the pe- tition of Mr. Rodney Kamm re- garding the collection and recycl- ing of refuse material. Mr. Cletus Allen met with the group associated with Mr. Kamm, ang gave permission to coIlect on the streets listed in the petition. Enclosed is Mr. Allen's letter reo port dated April 14th. Respectfully, Gilbert D. Chavenelle City Manager Mayor Moldenhauer moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Dubuque Yacht Basin endorsing legislation prohib- iting swimming in boat harhors because of danger of unsanitary conditions and also of possible elec- trocution, presented and read. Dr. Hazlet addressed the Council in response to the subject by stating that his department is waiting for 213 Federal and State standards mean- while that swimming in harbors be banned. He would like to see a proper Ordinance. Mayor Moldenhauer moved that the communication of the Yacht Basin be referred to the Manager and staff. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Pregler. Nays - Councilmen Justmann, Thoms. Communication nf Dubuque Ad- visory Commission submittiog a resolution passed by their body, urging the Council to adopt that portion of the Home Rule bill whicb reqnires cities to establish a five year capital improvement program and requesting the Council to allow participation, also requesting the Council to support the request of Project Coocern to budget $7500 to match County funds and further that hoth the City and County sup- port the estahlishment of a County- City council for the elderly, pre- sented and read. Mayor Moldenhauer moved that the communication be referred to the Manager and staff. Seconded by Councilman Justmano. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r Justmann, Pregler, Thoms. Nays-None Councilman Pregler moved that the rules be suspended io order to let anyone present address the Council if they so desire. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilman Bit t e r Justmann, Pregler, Thoms. Nays - None. Mr. Wm Woodward, Chairman of the Advisory Commission, stated that there has been no organized approach as yet from the Council. What has happened to the com- mittee set up by the Council? Home Rule bill could force City into this. Mayor Moldenhauer moved to en- dorse the concept of an Executive Council on services to the elderly to be made up of executive direc- tors of the various agencies now providing services to the elderly. Special Session, May 15, 1972 Seconded by Councilman Justmann held. Seconded by Councilman Carried by the following vote: Justmann. carried by the follow- Yeas - Mayor Moldenhauer, ing vote: Councilmen Bitter J n s t man n, Yeas - Mayor Moldenhauer, Pregler, Thoms. Councilmen Justmann, Pregler. Nays - None. Nay s - Councilmen Bitter, Mayor Moldenhauer moved that Thoms. we refer the matter of problems Notice of Suit of Janlin Plastic of the elderly back to the Advi- Inc. in the amount of $6100., to sory Commission asking them to cover loss of business and expense hold hearings on the problem of incurred for repair and replace- the elderly seeking to hear from ment of property caused by the the elderly themselves. Seconded blockage of a sauitary sewer within by Councilman Justmann. Carried Kerper Blvd. on April 13, 1970, by the following vote: presented and read. Councilman Yeas - Mayor Moldenhauer, Pregler moved that the notice be Councilmen Bit t e r Justmann, referred to the City Solicitor for Pregler, Thoms. investigation and report. Seconded Nays - None. by Councilman Bitter. Carried by . . the following vote: Commumcat!o~ of" Mayo~ Mold- Yeas - Mayor Moldenhauer, enhauer submItting Mayor s week Councilmen Bit t e r Justmann ly report" dated May 14, 1972, Pregler Thoms ' presented for the record. Council- Nays' - Non~. man Pregler moved that the com- munication be received and filed. Notice of claim of AI. M. Schmidt Seconded hy Councilman Bitter. in the amount of $63.01 for personal Carried by the following vote: property damage and plumber ex- Yeas - Mayor Moldenhauer, pense incurred as the result of Councilmen Bit t e r Justmann, a backed-up sanitary sewer at 1155 Pregler, Thoms. Loras Blvd on February 1, 1972, Nays - None. presented and read. Councilman Co"?municatio!, . of Planning. & ~[a~~e~e~~~::"f~ ~~ 'b~;~es.:;t. Zonmg ComIUlSslon recommendmg icitor for iovestigation and report. den.'al to rezone Lot A. of Block Seconded by Councilman Bitter. 22 m Key Knolls SubdivlSlon from Carried by the following vote: Mnltiple Resi~ence ?~~sificat!oo Yeas - Mayor Moldenhauer, to Local Busmess B classifica- Councilmen Bit t e r Justmann tion, property located on the east Pregler Thoms' ' side of J.F.K. Road south of the Nays' - Non~ proposed extension of Hillcrest Rd, . . . . (forward from Council meeting of NotIce of ClaIm of Clifford Nall. May 1st), presented and read. in the. ~m?unt of $1500., for I><;r- Mr. Dan Dittemore, City Plan- sonal m¡urles and car damag.e .m- ner, reviewed the proposed denia:l curred ~s the result of striking of the Planning & Zoniog Com- a hole. m the street at Charter mission of the area in question. and Salma streets on May 6,. 1972, presented and read. Councilman Attorney Robert .M. Bertscb ~tat- Pregler moved that the notice of ed that the plan IS not plau:nble, claim be referred to the City Sol- and the plan. for the area IS no icitor for investigation and report. longer realistic. Under the present Seconded by Councilman Bitter, plan of o~cnpancy for Lot A?f Carried by the following vote: Block 22 ~ Key Knolls Sub. It Yeas - Mayor Moldenhauer, would requITe ouly one access to Councilmen Bit t e r, Justmano, J.F.!'. Road, and would be coex- Pregler, Thoms. tenslve WIth an already access on Nays - Nooe the west side of the street. Rich- . ard Hansel reviewed the history Petition of KDTII in conjunction of the property over the last ten with Central Avenue merchants re- years. questing permission to conduct a Councilman Pregler moved that planned Central Avenue promotion the recommendation of the Plan- this month, presented and read. ning & Zoning Commission be up- Councilman Pregler moved that 214 Special Session, May 15, 1972 the petition be granted and re- ferred to the City Manager. Se- conded by Councilman Justmano. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Memorial Day Com- mittee requesting permission to conduct an annual parade on May 29th at 1:30 P.M., presented and read. Councilman Pregler moved that the petition be granted and referred to the Manager. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Enviroomental Coor- dinating Organization (containing 373 sigoatures) expressiog sincere appreciation for Council efforts in regard to adoption of a new zoning I ordinance and reminding the Coun- cil of broad community suPPOrt for strong sign and billboard con- trols, presented and read. Council- man Pregler moved that the pe- tition be referred to the Council. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Playground and Re- creation Commission requesting that when granting beer permits for facilities operated by them to restrict permits to the days the requesting group actually has lease of the facilities, presented and read. Councilman Pregler moved that the petition be referred to the City Attorney for investigation and report. Seconded by Council- man Thoms. Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petitioo of Tschiggfrie Excavat- ing permission to excavate in the 2700 block of University to install a new water line for Coionial An- imal hospital, presented and read. Counéilman Pregler moved that 215 the petition be granted subject to approval of the Engineering De- partment. 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 pub- lic hearing on resolution of neces- sity for construction of North AI- gona Sanitary sewer from existing manhole in University Ave. Nly 277' presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Thoms. Carried by the following Vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justrnann, Pregler, Thoms. Nays-None. Statement of City Clerk certify- ing that notices of public hearing were mailed by certified mail on April 12, 1972, to property of re- cord and subject to assessment for construction of North AIgona Sanitary sewer from existing man- hole in University Ave. NIy 277' presented and read. Councilman Bitter moved that the statement be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmano, Pregler, Thoms. Nays - None. Decision of Council - objections Ie plans, specifications, form of contract and cost of Improvements RESOLUTION NO. 144.72 WHEREAS, proposed plans and specifications and form of contract for the construction of: North AI- gona Sanitary Sewer from Existing manhole in University Avenue Nor- therly 277 feet have been approved by the City Council of the City of Dubuque and public notice given as pro- vided by Chapter 23 of the Code of Iowa, 1971, pertaining to public contracts and bonds, and the time Special Session, May 15, 1972 217 to the special benefits conferred said improvements be paid for hy thereby, and any deficiency shall I e v y i n g Special assessments be paid out of the sanitation funds against the privately owned pro- when contract has been performed perty lying within the assessable and accepted and the proceeds distance from the improvements, thereof used to pay the contrac- whether such property abut upon tor. The railway portion of any the same or are adjacent thereto, street or assessment district shall according to the area thereof and he assessed to and paid by the in proportion to the special bene- railway company. fits conferred, and any deficiency The above resolution was intro- will be paid out of the general duced, approved and ordered plac- Impro.vement, or sewer funds of ed on file with the City Clerk the CIty, or partly from each of this 17th day of April, 1972. :~Ct~;u:o~Ír:'~~;.n~:~ ~~~s'",,~~~ RECORD OF FiNAL ADOPTION lized from the sale of bonds to The foregoing resolution was fi- be issued in anticipation of deferr- nally passed and adopted, as pro- ed payments of assessments as posed, by the City Council this provided by law after the work 15th day of May, 1972. has been completed and accepted Wayne A. Moldenhauer by the City Council. Mayor BE IT FURTHER RESOLVED Walter A. Pregler that the City Clerk be and he Allan T Thoms is hereby ordered and directed to C. Robert Justmann advertise for proposals for the con- Joseph J. Bitter struction of. the v~rious im!'rove- Councilmen ments herem provIded for 10 the Attest: manner provided by law, the said Leo F. Frommelt improvements shan he comple~ed City Clerk on or before 60 days after notice to proceed has been issued. Councilman Pregler moved fi- BE IT FURTHER RESOLVED nal adoption of the reso~ution. Se- that this resolution being deemed c?nded by CouncIl~an BItter, Car- urgent and of immediate neces- ned by the followmg vote: sity shall be in force and effect Yeas - Mayor MOldenhauer, from and after its passage and Councilmen Bit t e r, Justmann, adoption by the City Council. Pregler, Thoms. Passed, adopted and approved Nays - None. I this 15th day May, 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 hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. April 7, 1972 Mr. John L. White City Engineer We had Tschiggirie Excavating install an 8 inch sanitary sewer (Necessity for Improvement) RESOLUTION NO. 119.72 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved hy the City Council of the City of Dubuque and are now on file in the of- fice of the City Clerk showing among other things the following: L The boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of constroction and kiod of ma- terial to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the NORTH ALGONA SANITARY SE- WER FROM EXISTING MAN- HOLE IN UNIVERSITY AVENUE NORTHERLY 277 FEET. BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition of pro- perty owners, deems it advisable and necessary for the public wel- fare to make the herein mention- ed improvement, and unless pro- perty owners at the time of the final consideration of this proposed resolution have on file with the City Clerk ohjections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be cou- structed and done in accordance with the plans and specifications which have heen 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 he assessed upon and against all privately owned pro- perty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will he assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion 216 Special Session, May 15, 1972 and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said heing this 15th day of May, 1972; I and WHEREAS, the City Council met in special session this 15th day of May, 1972, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all ohjections which have been filed to the pro- posed plans, specifications of con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested parties have been given an opportunity ~hi~: h~~':~ee~n~U:lwe~:~~~i~~~ I considered; now, therefore BE IT RESOLVED hy the City Council of the City of Dubuque, that all ohjections which have been made and filed to the plans, spe- cifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent re- cord in connection with said im- provement. Passed, adopted and approved this 15th day of May, 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. (Ordering Construction) RESOLUTION NO. 145.72 BE IT RESOLVED BY THE CI- TY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a re- solution of necessity No. 119-72 which was duly passed by this Council, for the North Algona Sa. nltary Sewer from existing man. hole in University Avenue North. erly 277 feet. be and the same are hereby or- dered and constrocted by this Council upon its own motion and with or without the petition of pro- perty owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the Special Session, May 15, 1972 a certified statement showing all the amounts paid in connection with the construction of said sewer, including engineering and iospec- tion fees. This total cost has been established io the amount of $2,944.50. Section 1. That said sewer is hereby accepted by the City of Dubuque, and that the same be hereafter a public sewer under the exclusive charge and control of the City of Dubuque, Iowa. Section 2. That hereafter any person or persons desiring to con- nect with said sewer shall first apply to the City Manager for permission to do so and such per- mission shall be granted upon con- ditions that the applicant shall pay to the City Treasurer for the ac- count of Daniel and Eileen Atchi- son, a connection charge as shown in the following pro-rated conoec- tion cost of assessable footage: Lot 3 Barry's Subdivision - 56 lin. ft. at $185.11 Lot 4 Barry's Subdivision - 480 lin. ft. at $1,586.62 Lot 1 Jansen's Subdivision No. 3 - 354.8 lin. ft. at $1,172.77 Total Cost, $2,944.50 Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution in the of- fice of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 15th day nf May, 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 Moldenhaner, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. 218 in Jansen Street north of Roose- I velt Street at a cost of $2,944.50, this is itemized as follows: 1. Payment to Tschiggfrie Ex- cavating $2,840.50. 2. City Engineering and Inspec- tion $104.00. Total Cost $2,944.50. We desire that this be made a public sewer and available to anyone who desires to use same after first paying cost based on the proportionate share of the above sewer. Payments for use of said sewer to be adjudged by the City Engineer, and made tu the City before a permit to connect will be issued. The City will then re- imburse the undersigoed for the collected fee. We certify this to a true and correct constroction of the above mentioned sewer. Dan Atchison Eileen Atchison State of Iowa Dubuque County SS: On this 27 day of April A.D., 1972 before me, the undersigoed, a Notary Public in and for said County, in said State, personally appeared Daniel Atchison and Ei- leen Atchison to me koown to be the identical persons named in and who executed the within and fore- goiog instrument, to which this is attached, and ackoowledged that they executed the same as their voluntary act and deed. Gerald J. Neyens Notary Public in and for said Dubuque County, Io- wa RESOLUTION NO. 146-72 Resolution accepting the eight inch Jansen Street Sanitary Sewer, constructed from the existing man- hole in Roosevelt Street northerly 235 feet to manhole No.1. WHEREAS, Daniel and Eileen Atchison, residents at 2035 Jansen Street, have constrocted a sanitary sewer, aud WHEREAS, the City Engineer has inspected the same and the City Manager has recommended its acceptance, and WHEREAS, the permittee has filed with the City Council Special Session, May 15, 1972 219 RESOLUTION NO.147-72 Authorizing the publication of No. tice of sale of Project Notes (third Series 1972) and the Receiving of Proposals for the Sale of S a I d Notes for the Downtown Urban Renewal Project, Iowa R.15. WHEREAS, under date of July 26, 1967, the City of Dubuque enter- ed into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewai Pro- ject, Iowa R-15; and WHEREAS, under date of Jan- I uary 3, 1972, the Council of the City of Dubuque adopted Resolu- tion No. 7-72 authoriziog to be is- sued, from time to time, Project Notes in connection with the Down- town Urban Renewal Project, Iowa R-15; and WHEREAS, under date of Feb- ruary 14, 1972, the Council of the City of Dubuque authorized the issuance and sale of its Project Notes in the aggregate principal amount of $1,588,000 to fioance cer- tain undertakiogs in connectioo I with the Downtown Urhan Rene- wal Project, Iowa R-15. WHEREAS, in order to refioance said outstanding Project Notes and to provide additional funds for pro- ject activities, it is necessary for the City of Dubuque to sell Pro- ject Notes (Third Series 1972) to- taling $1,792,000; now therefore Be it Resolved by the Council of the City of Dubuque, iowa: Section I. That the City Cierk be and he is hereby authorized and directed to publish according I to law, "Notice of Sale - Project Notes" in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the City Clerk be and he is hereby authorized and directed to accept and tabu- late proposals for the sale of said notes and to send telegrams of acceptance to the low bidder or bidders all in accordance with in- stroctions covering such transac- I tions as provided by the Depart- ment of Housing and Urban Deve- lopment, United States of America. Section 3. That a meetiog of the Council of the City of Dubuque shall be held after the bid opening date of June 6, 1972, to adopt such resolution or resolutions nec- essary for the consummation of the sale of Project Notes (Third Series 1972) to the lowest bidder or bidders. Passed, approved and adopted this 15th day of May, 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 MoWenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. NOTICE OF SALE PROJECT NOTES City of Dubuque, Iowa Sealed proposals will be receiv- ed by City of Dubuque, Iowa (herein called the "Local Issuing Agency") at Council Chambers, Ci- ty HaIl in the City of Dubuque, State of Iowa, until, and publicly opened at, One o'clock P.M. (E. D.T.) on June 6, 1972, for the purchase of $1,792,000 of Project Notes (Third Series 1972), being issued to aid in financiog its pro- ject(s) as follows: Amount, $1,792,000, Series, Third 1972, Maturity, November 10, 1972. The Notes will be dated July 5, 1972, will be payable to bearer on the Maturity Date, and will bear interest at the rate of rates per anoum fixed in the proposal or proposals accepted for the pur- chase of such Notes. All proposals for the purchase of said Notes shall be suhmitted in a form approved by the Lo- cal Issuing Agency. Copies of such form of proposal and information concerning the Notes may be ob- tained from the Local Issuing Agency at the address indicated above. Detailed information with respect to the conditions of this sale may be obtained from the May 23, 1972 issue of The Daily Bond Buyer. City of Dubuque, Iowa Leo F. Frommelt City Clerk 220 Special Session, May 15, 1972 RESOLUTION NO. 148.72 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses is- sued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Gust Karigan & Pete S. Sfikas, 401 Central Avenue Paul Schollmeyer, 176 L 0 C n s t Street CLASS "C" BEER PERMIT Palmer Drug Company, Plaza 20 Passed, adopted and approved tbis 15th day of May, 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. 149.72 I 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 have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to he issued to the following named applicants a Beer permit. CLASS "B" BEER PERMIT Gust Karigan & Pete S. Sfikas, 401 Central Avenue Paul Schollmeyer, 176 Locust Street CLASS "C" BEER PERMIT Palmer Drug Company, Plaza 20 BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by appproved. Passed, adopted and approved this 15th day of May, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Rohert 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, Justmano, Pregler, Thoms. Nays-None. RESOLUTION NO. 150.72 WHEREAS, applications for Li- quor permits have been submitt- ed to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications he grant- ed and licenses issued npon the compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 131-as amended by the 64th Genera! Assembly, 1971- CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE D.B.Q. Inc., 4th & Locust Street Passed, adopted and approved this 15th day of May, 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. Special Session, May 15, 1972 RESOLUTION NO. 151.72 There being no further business WHEREAS, applications for Li- Councilman Thoms moved to ad- quor permits were filed by the journ. Seconded by Councilman within named applicants and they Bitter. Carried by the following have received the approval of this vote: Council, and Yeas - Mayor Moldenhauer, WHEREAS, the premises to be Councilmen Bit t e r, Justmann, occupied by such applicants were Pregler, Thoms. inspected and found to comply with Nays - None. the State Law and all City ordi- Leo F. Frommelt nances relevant thereto and they City Clerk have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager I Approved .........."........................1972 be authorized to cause to be is- sued to the followiog named ap- plicants a Liquor permit. CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE D.B.Q. Inc., 4th & Locust Street Passed, adopted and approved this 15th day of May, 1972. Wayne A. Moldenhauer Mayor WaIter A. Pregler Allan T. Thoms C. Robert Justman Joseph J. Bitter Councilmen 221 Adopted ......................................1972 ........................................................ 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, Justmano, Pregler, Thoms. Nays - None. .......................................................... .......................................................... .......................................................... Councilmen Attest: .................................................. City Clerk. Special Session, Ma,y 22, 1972 222 CITY COUNCIL OFFICIAL Special Session, May 22, 1972. Council met at 7:30 P.M. (D. S.T.) Present - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. City Managar Gil. bert O. Chavenelle. Mayor Moldenhauer read the call and stated that service thereof had been duly made and this meet- ing is call for the purpose of AUTHORIZING THE EXECUTION OF A CONSENT ORDER WITH THE IOWA WATER POLLUTION CONTROL COMMISSION, and act- ing upon such other business as may properly come before a re- gular meeting of the City Coun- cil. Proof of publication, certified to by the publisher, of Statement of Receipts aud Disbursements and list of claims for April 1972, pre- sented and read. Councilman Preg- ler moved that the proof of pub- lication be received and filed. Se- conded by Councilman Thoms. Car- ried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmano, Pregler, Thoms. Nays - None. May 18, 1972 Hon. Mayor and City Council On January 8, 1972, Original No- tice with Petition attached was served on the City of Duhuque, I wherein Mrs. John (Maureen) Schulz, plaintiff, commenced an ac- tion in District Court of Dubuque, County, Iowa, against the City of Dubuque, Iowa, being Law No. 39448, asking for damages in the amount of $4,500.00. Plaintiff al- leged therein that said damages arose out of an incident that oc- curred on October 12, 1970 when plaintiff allegedly stepped into a hole in the street when she step- ped off the curh into the marked crosswalk on Eleventh Street in- tending to proceed south parallel with Main Street in said cross- walk. Plaintiff further alleged that as a result of said fall, she suf- fered a severly sprained ankle and knee injury, causing her pain and suffering, loss of earnings and earning capacity and incurriog me- dical expenses. That this matter was being prepared for trial at which time plaintiff made an nf- fer of settlement io the amount of $750.00. It is the recommendation of the City Attorney that said uffer of settlement be should be accepted and that it would be io the best interest that said litigation be set- tled, and therefore, it is the re- commendation of the City Attor- ney that the City Auditor be in- structed to draw warrant payable to Maureen Schulz and John Schulz, her husband, in the amount of $750.00 and transmit same to the City Attorney for de- livery upon receipt of duly exe- cuted releases and Dismissal of said action with prejudice. Original Notice with petitioo at- tached and Notice of Claim is re- turned herewith. Yours very truly, R. N. Rnsso City Attorney Councilman Pregler moved ap- proval of the recommendation. Se- conded by Councilman Thoms. Car- ried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. May 18, 1972 Honorable Mayor and City Council Mrs. Rose Haye filed a claim against the City of Dubuque on the 1st day of June, 1970, claim- ing injuries as the result of a fa!! at the northwest corner of West 23rd and Central Avenue in the City of Dubuque on the 20th day of May, 1970. I have made an investigation of this matter and have conferred with claimant's counsel who has made an uffer of settlement in the amount of $350.00. It is the recommendation of the City At- torney's office that said offer of settlement be accepted. It is therefore recommended that the City Auditor be instructed to draw warrant payable to Mrs. Rose Haye in the amount of $350.00 and transmit same to the City Attor- Special Session, M~y 22, 1972 ney for delivery upon receipt of duly executed releases. Original claim is returned here- with. Yours very truly, R. N. Russo Councilman Pregler moved ap- proval of the recommendation. Se- conded by Councilman Thoms. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, I Pregler, Thoms. Nays - None. 223 missal of said action with preju- dice. Origioal Notice with petition at- tached and notice of claim is here- to attached. Yours very truly, R. N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Se- conded by Councilman Thoms. Car- ried by the followiog vote: Yeas - Mayor Moldenhauer Councilmen Bit t e r, Justmann: Pregler, Thoms. May 19, 1972 Nays - None. Honorable Mayor ORDINANCE NO. 27.72 and City Council An Ordinance amending Ordinance On February 8, 1972, Origioal No. 33-49 known a. the "TraHic Notice with Petition attached was Code of Dubuque, Iowa", as served on the City of Dubuque, am~, by enacting a new sub- wherein Mrs. Margaret Laugesen, section 71. to Scheduie VI there- plaintiff, commenced an action in of to proVIde that the parking of District Court of Dubuque County, motor. vehicles I. prohi~1ted on Iowa, against the City of Dubu- both SIde. of Wacker DrIve from que, Iowa, beiog Law No. 39485 John F. Kennedy Road to High- askiog for damages in the amount way #20, of $4,000.00. Plaintiff alleged there- presented and read. in that said damages arose out Mayor Moldenhauer moved that of an iocident that occurred on the reading just had be consider- October, 14, 1971 when plaintiff ed the first reading of the Or- allegedly stepped iota a hoIe in dinance. Seconded by COuncilman the public sidewalk located on the Pregler. Carried by the followiog southerly side of Hill Street ad- vote: jacent to and in front of the steps Yeas - Mayor Moldenhauer, leading to the house located at Councilmen Bit t e r, Justmann, 540 Hill Street in the City of Du- Pregler, Thoms. buque, Iowa. Plaintiff further al- Nays - None. leges that as the result of said fall she suffered a fractured left Mayor Mold~":hauer mov~ that foot, causing her pain and suffer- tbe rule reqwnng an Ordinance ing, loss of earnings and earning to be ~ead on three separate da~s capacity and incurring medical ex- be waIved. Second~d by Councll- penses. That this matter was be- man Pregler. CarrIed by the fol- ing prepared for trial at which loWIng vote: time plaintiff made an offer of Yea~ - M~yor Moldenhauer, settlement of this matter in the Councilmen BIt t e r, Justmann, amount of $500.00. Pregler, Thoms. Nays - None. It is the recommendation of the City Attorney that said offer of settlement be accepted and that it would be in the best interest that said litigation be settled, and therefore, it is the recommenda- tion of the City Attorney that the City Auditor be instructed to draw warrant payable to Mrs. Margaret Laugesen and Willis Laugesen, her husband, in the amount of $500.00 and transmit same to the City Attorney for delivery upon receipt of duly executed releases and Dig- N -F. ..Y No. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section I. That O'drnanee No. 33- " ""OW" " th, "Teallic Cod, of Du- buqu" Iowa," " ,m,"d,d, be and th, 'am, " ""5oy ,m"""d by 224 Special Session, May 22, 1972 Special Session, May 22, 1972 225 enectlng a new ,"b"ction 71 to S,hedule VI thereof" follow" "SCHEDULE VI 71. Both ,'d" of W"k" D,'ve f'om John F. KennedV Road fo Highwev No. 20." p",ed, ep",oved and edOPted fhl' "nd dey of Mav, 1972. Wevne A. Moldenhau" Mavo, P"gl" Thorn' Ju,tmenn Bltte' ,. "B,ook,' Bluff" mea.. e ",- taln bluff whid> lie' no,th of Vele,ia ""eel. d. "Cen'u, OeV" meo.. AP'iI 1 1970, the offldel date of the 1970 United Slot" Ded.,lel Cen,u'. t",fio;~CiZIt~ln ,;~~u'l:~e:;.:-n.~~dëfmfi~ and all Annexed T",lto'I". f. "Commi"ion" of Eleetlon," mea.. the Co",tv Audlto' of Dubuo", Countv. g. "Co,po"te Limit'" meo.. the Co,po"te Limit' of the Cltv of Du- buQUe on Cen'u, Dav, The Co,.". ate Uml" do not emb,," the An- nexed T",lto"". h. "F"mmeW' Bluff" mea.. , ",tain bluff whl,h i, ea" of Pinacd SI"et and we" of Maceuelle Pia". L "Lake Peo,ta ATTEST, Leo F. Hommell Cltv CIe,k ~~~~¡;\"1.eO:~~:,a,::,v, 1\\,;;h~!~"'J'::P~ Mav, t972. Leo F. F"mmell Cltv CI"k 11.51" Mayor Moldenhauer moved final adoption of the Ordinance. Second- ed hy Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Moldenahauer, Councilmen Bit t e r, Justmano, Pregler, Thoms. Nays - None. ORDINANCE NO. 28.72 Establishing precincts and desig. nating polling places within the City of Dubuque, Iowa. presented and read. Councilman Pregler moved that the reading just had he consider- ed the first reading of the Or- dinance. Seconded by Mayor Mol- denhauer. Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Moldenhauer. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. ORDINANCE No. 28-72 AN ORDINANCE ESTABLISHING PRECINCTS ANa OESIGNATING POLLING PLACES WITHIN THE CITY OF OUBUQUE, IOWA. k. Point, of the ",",P"" e'" ao- p"xlmate unl'" olh"wi" ,taled. 3. The Ihl" P'eelnof ,h'" 'O"," of fhal ""lto,"" bounded bv a line " follow" teat:J',,::"an~"R:¡ú,~u.:',~a'i;'be'ig;~: ,"ued " they exi,ted of Cen,", Dav, Section 2. PRECINCTS ESTABLISH- ED. The Citv of Dubueue " h",bv d;vlded Into twentv-flve 125) p"dnct' a, follow" 1. The Finl P,eelnd ,hell ,o..i,t of' a. that ""ito,"" bounded bv a Une " tollow" Seellon 1. Section 2. S"'ion 3. Sedlon ,. Seelion S. section ,. S"'ion 7. Seetlon ,. Sedlon 9. "=",. "0". BE IT OROAINED BY THE CITY COUNCIL DF THE CITY OF OU- BUQUE, IOWA, S"'ion ,. DEFINITIONS. Fo, the pu,po," of thl' O,dlnan", unl", the 'ontexl oth"wl" "oul"" and b. All Annexed T""to"" eo,f of Highwav 52. all of whl,h a" pact of the Eighteenlh (18th)) Leg,,'atlve DI,t"ct. 2. The Seeond P,eelnot ,hall ,0..I,t of that t",lIo,"" bounded bv e line " follow" Begl,,'ng ot the Inleneetlan of the Milwaukee Rell,oed t""" and Feng- thot le"lto,v bound.. bv a line " follow" 9. The Ninth P'eeinct ,hall 00"'" of fhot f"'lIo,"" bounded bv a line " follow" 226 Special Session, M'IY 22, 1972 Special Session, May 22, 1972 227 A..nua 10 V""ia S""', Iha pl"a of """oo'"'. '" of whi,h i, a part of fha Tw'""afh "Of h) Lag"io".. Di,- f,ld. 17. Tha Savanl..nfh P""nd ,"ali """" of fhal la"lfo,v boondad bv a iina ., foliow", 19. Tha N'na"anlh P'"ind 'half "n,'" of fhaf f"'ito,"" boond'" bv a lina ., "'liow", i 'j) , r ",'it. 22. Tha Twanl"'"",nd P""nd ,half 'on",f of fhat ""lfo,v boond'" bv a iina ., "'lfow", 23. The Twanly-fh',d P""nd ,"ali "n,'" 01 fhal ""itoO'V boond'" bv a iina ., "'lfow", "" añð Saon- 'f ba"nnino, a" tha Tw,""alh - -._.'id. 24. Tha Twanly-"""h P"'ind ,half "n,i" of, a. Ihal fa"itoO'V boondad by a iina ., "'lfo.." b. ali Annmd Ta",to"" nO'fh of Dod.a Sf,.., and w"f of H'ghwav 52, and ,. ali Annax'" Ta"lfo,'" "'ofh 01 Dodga SI,..f and wa" of H'ghway ~ 0> ,..; gf .~ ~ '" õi '1:1 " '" '" "" §¡ gf 230 Special Session, May 22, 1972 151. ell of which ete pert of Ihe Twentv-fl,,' (21'" Legi,letlve O"",ct, 25. The Twentv-fllth P,ecinct ,hell co",i" of' e. thel 1",ltoN boUnd'" by e II.. " follow", , el the In'meclion of .venue end Ihe CO""," ch i' e ..in' on Ihe boun. Twentv..",,"h ",th) "". Iii"d Hloh ". ' foue" olne n~:The polilno Piece fo' Ihe Twen'v- filth p,eclnct ,hell be e' 51. En" The p,ophe! G,eek Orthodox Chmh. 1075 Rockdeie Rood. Section 9. EFFECTiVE DATE. Thi, O,di",nce ,hell become effectIve upon p"bllcation. AOOPTEO THIS 22nd DAY OF MAY, 1972- wer~~__A. Moido""'" . Pngi" Thoms Ju""'enn 8ltt" ATTEST, Leo F. F,ammelt Cltv Cim ~~~:',~h1.e~;~:~~ l¡¡'iIh~6J.el'¡':y"::-' Mev,19n. Leo F. Feommelt Cltv Cleek. 3 wk,. 51". 612, 619 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Altred E. Hughes at. torney, in behalf of the Dubuque Packing Co. requesting the City to relinquish easements descrihed in Resolution No. 771>52, and now koown as Lot 1 Block 8 of Du. buque Packing Co., Addu., pre- sented and read. Councilman Preg- ler moved that the petition be re- ferred to the City Solicitor for proper proceedings. Seconded by Councilman Thoms. Carried by the foIlowiog vote; Yeas - Mayor Moldenhauer, Coucnilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Mayor Moldenhauer moved that the rules be snspended in order Special Session, May 22, 1972 ot let anyone present address the Council if they so desire. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Attorney Alfred E. Hughes spoke relative to the petition and was satisfied that it was being referr- ed for proper proceedings. Petition of Arthur Konzen re- questing a permit for limousine service for transportation of pas- sengers from the City to the air- port and return, presented and read. Councilman Pregler moved I that the petition be referred to the Council. Seconded by Council- man Thoms. Carried hy the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Dubuque Municipal Airport requesting approval of the Council for the installation of li- mousine service to and from the Airport, presented and read. Coun- cilman Pregler moved that the pe- tition be referred to the Council. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - Nooe. Mr. Owen Riley, President of General Drivers & Helpers Local No. 421, addressed the Council by stating that the Cab agreement expired on December 31, 1971. The drivers went on strike February 13th, 1972. Mr. Even, owner of Black & White & Veterans Cab told Mr. Riley that we would not reopen as early as February of this year. No prospects for pur- chase of the company have ma- terialized. Mr. Even reaffirmed his intention to quit and sell out as of today. Mr. Riley was of the opinion that the Council should find out if Mr. Even is to sell out and if his company is for sale. Some question arose as to the Ii- I mousine service to and from the airport in the light of the peti- tion presented by Mr. Konzen. Mr. 231 Riley stated that the limousine ser- vice is very vital to cab service. Mr. John Kapparos aiso stated that limousine service is very vital to cab service and mentioned how the Mississippi air line has in- creased their small freight ser- vice. Councilman Pregler moved that the matter of cabs be referred to the City Solicitor for proper proceedingS with instructions to set up frame work for termination. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. May 22, 1972 To The Honorable Mayor and City Council Re: Iowa State Water PoHution Control Commission, Consent Or- der As a result of a meeting with Mr. R. J. SchIiekelman, Techni- cal 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 industrial contribu- tors under penalty of law to com- ply with certain constraints on se- wage being discharged to the City of Dubuque Waste Water treat- ment Facility. A copy of the Consent Order has been attached for your re- view. You will note that certain industries are requested to sign the Order in addition to the Ci- ty'S authorized representative. The City Attorney and the City En- gineer have reviewed the document in detail and find the provisions acceptable. We have been informed by the Iowa State Department of Health that the signiog of this Consent Order by the City and Industry is mandatory in order to receive approvals on Phase II Constroction and retroactive State Funds. Sioce the submission of this do- cument to your Honorable Body on April 3, 1972, all the required signatures of industry have been secured. We respectfully request authorization to execute the Con- Special Session, May 22, 1972 standards and to conform to all rules and regulations promulgated by the Iowa Water pollution Con- trol Commission. (b) "contract for construction" shall mean work undertaken by the ownerS with his own forces or a contract awarded on the date specified which is actually award- ed to a competent contractor, which contract must specify dates for beginning and completion of construction. IT IS HEREBY ORDERED hy the Iowa Water pollution Control Commission that the City of Du- BEFORE THE IOWA buque, Dubuque Packing Co., Ce- WATER POLLUTION CONTROL lotex Corporation, Keystone Gela- COMMISSION tin Co., Inland Molasses Co. Dry- . 109 Plant and Dubuque Tank Ter- In. ~e .m~tte~ of pollutIon of the minal Co., comply with the follow- MISSISSI,ppl RIver below Dubuque, ing provisions and time schedules: Iowa 1. That the City of Dubuqne shall Consent Order reduce the load to its present waste City of Dubuque, Dubuque Pack- treatment facility to not more than ing Co.. Celotex Corporation, Key. 110,000 pounds of BOD per day stone Gelatin Co., Inland Mol... on or before March 1 1972 ses Co. Drying Plant and Oubu- ' '. que Tank Terminal Co. 2. That t~e .~":buque Packing T C. of 0 b Oubu Company will nntlate the follow- 0: Ity u uque, que ing' Packing Co., Celotex Corporation, . . Keystone Gelatin Co.. Inland Me- a. Reduce th~ 'present organIc lasses Co. Drying Plant and Ou- load to the mumcIpal sewer sys- buque Tank Terminal Co. tem to not more than 75,000 pounds of BOD per day on or before March WHEREAS, pursuant to the au- 1, 1972. thority of Section 455B.I0, Code . . of Iowa, 1971 a survey of the b. Redu~~ the organIc loadmg stream condition below Duhuque, to the munIcIpal sewer to twelve Iowa was conducted by the State "ounds. BOD per 1,000 pounds of Hygienic Laboratory on behaJf of live weIght killed and 3.0 lb. B.O.D. the Iowa State Department of per 1,000 lb. of mannfactured edible Health product WIth the total orgamc load . not to exceed 60,000 pounds of BOD As a result of the survey the per day by no later than July State Hygienic Laboratory prepar- 1 1973 ed and published a report on the " . status of said stream conditions c. Install continous flow mea- and the matter came before the surmg and sampling eqUIpment on Iowa Water pollution Control Com- or before. March 1, 1972 for ~ll mission on December 1, 1971 pur- wastes discharged to the CIty suant to Section 455B.12, Code of Waste Treatment Plant. Iowa, 1971. The aforementioned re- 3. That the Celotex Corporation port generally describes conditions will initiate the following: as they existed when surveyed. a. Reduce the present organic Definitions: As used in this Or- load to the municipal sewer sys- der, the following definitions shall tem to not more than 12,000 pounds apply: of BOD per day on or before March (a) "required" means those fac- 1, 1972. ilities which will eliminate the pol- b. Install continuous flow mea- lution conditions at the above loca- suring and sampling equipment on tions which will allow the consen- or before March 1, 1972, for all tees named in the caption above, wastes discharged to the City to meet minimum water quality Waste Treatment Plant. 232 sent Order on behaJf of the City of Dubuque. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Moldenhauer moved that the communication be received and filed. Seconded by Councilman Pregler. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Special Session, Ma,y 22, 1972 233 RESOLUTION NO. 152-72 NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the City Manager be and is bereby authorized and directed to execute a Consent Order with the Iowa Water Pollution Control Commission, a copy of which is attached, respecting the limiting of certain industrial contributions IT IS FURTHER AGREED be, of sewage to the City of Dubuque tween the parties hereto tbat the Was~e Water ~eatment Facility, , reqUIred sampling procedures and approval of Consentee s plans by constroction schedules, all being the Department of Health does not accomplished to abate the pollution relieve Consentee of the duty to of the Mississippi River b~low Du- actually meet the minimum stan- buque, Iowa. 4. That the Keystone Gelatin Company shall install continuous flow measuring and sampling equipment on or before October 1, 1972, for all wastes discharged to the City Waste Treatment Plant. 5. That Iuland Molasses Com- pany Drying Plant shall install con- tinuous flow measuring and samp- ling equipment on or before Oc- tober 1, 1972, for all wastes dis- charged to the City Waste treat- ment Plant. 6. That Dubuque Tank Terminal Company barge cleaning operation shall install continuous flow mea- suring and sampling equipment on or before October 1, 1972, for all wastes discharged to the City Waste Treatment Plant from its barge and storage tank' cleaning operations. 7. That the City of Dubuque sball secure and place in operation, in accordance with Section 8 herein, portable sampling and flow mea- suring equipment on or before April 1, 1972. The City of Dubu- que shall install continuous flow measuring and sampling equip- ment on or before December 1, 1972 for measuring and sampling the waste load to the treatment plant. 8. That the City of Dubuque shall summarize the data collected by the iodustries named above and shall submit said data, togetber with the City data, to the Iowa State Department of Health. The I type and frequency of analyses required for the industrial waste contributors and the total City of Dubuque waste load shall be de- termined by the parties hereto at a future date. 9. The City of Dubuque shall submit fioal plans and specifica- tions for the required facilities on or before November 1, 1972. 10. That the City of Dubuque shall award a contract for the construction of the required faci- lities on or before March 1, 1973. dards of the Iowa Water Pollution Control Commission. This Order is subject to such further orders or modifications by the Commission as may be re- quired. The City of Dubuque, Dubuque Packing Company, Celotex Corpo- ration, Keystone Gelatin Co., In- land Molasses Co. Drying Plant and Dubuque Tank Terminal Co" consent to the issuance of this Order as an Order of the Iowa Water Pollution Control Commis- sion under Section 455B.11 of the Code with the aforesaid provisions and time schedules. Dated tbis 25th day of May, 1972. IOWA WATER POLLUTION CON- TROL COMMISSION By Robert, R. Buckmaster,' Chair- man Dated this 24th day of May, 1972. CITY OF DUBUQUE By Gilbert D. Chavenelle, City Mgr Dated this 12th day of May, 1972. DUBUQUE PACKING COMPANY By W.C. Wahlert Dated this 15th day of May, 1972. CELOTEX CORPORATION By R.P. Kipper Dated this 12th day of May, 197" KEYSTONE GELATIN COMPANY By W. C. Wahlert Dated this 18th day of May, 1972. INLAND MOLASSES COMPAN'. DRYING PLANT By Saul Greensteio Dated this 18th day of May, 1972. DUBUQUE TANK TERMINA- COMPANY By Saul Greenstein 234 Special Session, May 22, 1972 Passed, approved and adopted this 22nd day of May, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms Joseph J. Bitter Councilmen Attest: Leo F. Frommelt I, Leo F. Frommelt, Clerk of the City of Dubuque, Iowa do here- by Certify the foregoing to be a troe and correct copy of a Res- olution Adopted by the City Council of the City of Dubuque, Iowa at a meeting on the 22nd day of May 1972. Witness the seal of the said City of Dubuque, Iowa and my sigoa- ture this 22nd day of May, 1972. Leo F. Frommelt City Clerk Councilman Thoms moved to re- fer the resolution to the meeting of May 30th. Motion died for lack of a second. Mayor Moldenhauer moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Pregler. Nays - Councilmen Justmann, Thoms. To The H~~a~~~ ::'~or and City I Council This is to advise you that remain- der of the City of Dubuque 1971 Hot Mix - Hot Laid Asphaltic Concrete Paving Project No.1, being Asbury Road from the W.P. L. of Lot 1-1-1 of Asbury Park to the Westerly Corporation limits, has been completed io accordance with the City of Dubuque plans and sPÐ',ifications. I, therefore, recommend accep- tance of the fioal phase of the above described project. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received ae filed. Seconded by Mayor Molden- haner. Carried hy the followi vote: Yeas - Mayor Moldenhauer Councilmen Bit t e r, Justmann, Pregler. Thoms. Nays - None. FINAL ESTIMATE RESOLUTION NO. 153-72 WHEREAS, the contract for the Remainder of City of Dubuque 1971 Hot Mix - Hot Laid As¡>haltic Concrete Paving Project No. ' being Asbury Road from the W.P. L. of Lot 1.1-1 of Asbury Park to the Westerly corporation limits. bas been completed and the City Engineer has submitted his fioal estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assesment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque That the cost of said improvement is hereby determined to be $89,308 02. That $26,728.17 of the cost here- of shall be assesable upon private property and that $62,579.85 shall be paid from the Road Use Tax Fund of the City of Duhuque. Passed, adopted and approve this 22nd day of May, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote, Yeas - Mayor Moldenhauer. Councilmen Bit t e r, Justmano, Pregler, Thoms. Nays-None. (A Resolution Accepting Improve- ment and Directing the "clerk to Publish Notice.) RESOLUTION NO.154-72 WHEREAS, the contract fur the Remainder of the City of Dubuque 1971 Hot Mix - Hot Laid As- phaltic Concrete Peving Project No.1 - Asbury Road from the W.P.L. of Lot 1.1.1 of Asbury Park to the westerly corporation limits. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, Special Session, May 22, 1972 235 BE IT RESOLVED, by the City City Council, and the City Manager Council of the City of Dubuque, in regard to appointees to the var- that the recommendation of the ious City Boards and Commissioos City Manager be approved and set two successive terms as a max- that said improvement be and the imum length of service for any same is hereby accepted and the one individual on anyone particu- City Engioeer be and is hereby lar Board or Commission, said po- directed to prepare a plat and licy to become effective immedi- schedule showing the lots of par ately. See 0 n d e d by Council- eels of real estate subject to as- man Justmann. Carried by the fol- sessment for said improvement F lowing vote: file the same in the office of the Yeas - Mayor Moldenhauer City Clerk subject to public in- Councilmen Bit t e r Justmano' spection and said Clerk shall upou Pregler, Thoms.' , receipt of such plat and schedule Nays - None. f~:~ti~nth:, n~;~c; o:~;'.lco~~~~~~ The~e being no further business ments therefor, as required by law. Councthnan Thoms moved to ad- BE IT FURTHER RESOLVED ]ourn. Seconded by Counctlman that the City Treasurer be and Pregler. Carried by the following he is hereby directed to pay to vote: the contractor from the fonds to Yeas - Mayor Moldenhauer, be realized from the sale of Street Councilmen Bit t e r, Justmann, Improvement bonds issued upon Pregler, Thoms. the above described improvement Nays - None. in amount equal to the amount Leo F. Frommelt of his contract, less any retained City Clerk. percentage provided for therein. Passed, adopted and approved this 22nd day of May, 1972. I Approved ....................................1972 Wayne A. Moldenhauer. Mayor. Walter A. Pregler Allan T. Thoms C. Rohert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmano, Pregler, Thoms. Nays - None. asC~u:~::,::, Ji'~rr;:c/,:~:e~a;~~~ I Attest """""'ciïÿ'ci~;k"""""""""" Adopted ......................................1972 ............................................................ ............................................................ Councilmen 236 CITY COUNCIL I OFFICIAL Special Session, May 30, 1972. Council met at 7:30 P.M. (CDT) Present - 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 tlÌis meeting is called for the purpose of Con. sidering a Resolution Authorizing the City Manager to Submit an Application under the Comprehen. sive Planning & Management Pro. gram, Authorized by Section 701 of the Housing Act of 1954, as Amended, and acting upon such other business as may properly come before a regular meeting of the City Council. May 19, 1972 To the Honorable Mayor and City Council I herewith submit the reports of the City Auditor, City trea- surer, Water Superintendent, and Health Department as well as a list of claims paid for the month I of April 1972. Respectfully, Gilbert D. Chavenelle City Manager Mayor Moldenhauer moved that the reports he received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. May 22, 1972 To the Honorahle Mayor and City Council I am returning to you the pe- tition of Mr. Robert Daykin re- questing the vacation of an alley ahutting his home at 810 So. Grand- view. Since two other property holders, whose property abut the alley, have objected to the vacation pro- posal I recommend that Mr. Day- kin's petition be denied. Street Commissioner Allen has talked to Mr. Daykin about se- curing approval of the abutting owners. Also, some repairs have been made in the alley way. I Special Session, May 30, 1972 have written Mr. Daykin informing him of my recommendation. Respectfully, Gilbert D. Chavenelle City Manager Mayor Moldenhauer moved that the communication be received and filed. Seconded hy Councilman Pregler. Carried hy the folIowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. May 23, 1972 To the Honorable Mayor and tbe City Council Enclosed is a financial report submitted by Peoples Natural Gas Division for the year ended De- cember 31, 1971. This report is submitted accord- ing to the terms of franchise or- dinance 17-68. Respecfully, Gilbert D. ChavenelIe City Manager Mayor Moldenhauer moved that the communication he received and filed. Seconded hy Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmano. Pregler, Thoms. Nays - None. May 24, 1972 To the Honorable Mayor and City Council This is to advise that I have approved the following policy and desire to have your approval on same. COMPREHENSIVE LIABILITY Edward D. Tschiggfrie D-B-A Ts- chiggfrie Excavating and-or Tschi- ggfrie Soil Control, Bituminous Ca- sualty Corporation. SIDEWALK James G. Becker, Western Surety Company Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the policy and hand be filed sub- ject to approval of the City At- torney. Seconded hy Mayor Mol- denhauer. Carried by the follow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Special Session, May 30, 1972 237 May 15, 1972 I Thill and of Iasbel Miller and oth- and ers seeking revocation of the ac- tions of the City Council, and of tbis Commission, to permit pro- fessional office Use on the pro- perty of Mercy Medical Center. It is the opinion of this Commis- sion that its prior recommenda- tion of July 21, 1971 was made in full consideration of the effect of that action, and that no usefui purpose can be served by call- ing for re-hearing of this matter at this time. It should be noted that this prior action was made in accordauce with all procedures specified by law. The Mercy Medical Center openly and thoroughiy disclosed its interest in seeking the professional office classification. The Commis- sion carefully viewed the grounds and examined the surrounding area Proper notice of its public hear- ing was published, and in addi- tion, a general news item anoounc- iog this heariog appeared in the newspaper. The public hearing was held, and the request was thoroughly discussed and debated. Persons in attendance at this hear- ing expressed no objection. Fallowing the unanimous recom- mendation of the Planniog and Zo- ning Commission, the City Coun- cil set the matter for public hear- iog. This secoud heariog was also conducted in accordance with all requirements of law; there were no objections raised; and the or- dinance was adopted. All of these actions were extensively reported in the local media. The intention of Mercy Medical Center to expand its facilities and to encourage the establishment of medical offices on its property was brought before this Commission ap- proximately three years ago duriog the development of the proposed zoning ordinance. The fiodings of the 1964 report of Hamilton and Associates regarding the effective use and further development of Mercy Medical Center facilities, including medical office use, were May 26 1972 I also brought to our .at~ntion at ' that time. The CommIssIOn recog- nized that our hospitals serVe a vital need in the City of Dubuque and in the tri-state community. Each of them represents a sub- stantial investment of community resou<ces, and the protection and Honorable Mayor City Council In accordance with Ordioance No. 51-56, I recommend that the City Council approve the transfer of the following Special Assess- ment Accounts to the Special As- sessment Reserve Account as here- to set forth: Acount Number, 1209, Descrip- tion, 1957 Hot Mix Project No. 1, Amount, $342.87 CR. Account Number, 1214, Descrip- tion, 1958 Sanitary Sewer Project No.1, Amount $590.00 CR. Account Number, 1215, Descrip- tion, 1958 Curb & Gutter Project No.1, Amount, $348.31 CR Account Number, 1218, Descrip- tion, Marquette Place Bituminous Concrete Paving, Amount $32.42 I CR. Account Number, 1222, Descrip- tion, Collins, Hale & West 3rd Streets Sanitry Sewer Am 0 u n t, $1,690.44 CR. Account Numher, 1223, Descrip- tion, Southern Avenue Sanitary Se- wer, Amount $1,571.13 CR. Account Number, 1224, Descrip- tion, Thomas Place Sewer, Amount $217.14 CR. Account Number, 1229, Descrip- tion, Valley Street Sewer, Amount, $35.89 CR. Account Number, 1232, Descrip- tion, Wilbright Lane Sanitary Se- wer, Amount, $174.33 CR. Total Amount, $5,002.53 CR. The purpose of the above request is to close out ioactive Special Assessment accounts. Sincerely yours, G. D. Chavenelle City Manager Mayor Moldenhauer moved ap- proval of the transfers. Secouded by Councilman Bitter. Carried by I the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Honorable Mayor and Council Members The Dubuque Planniog and Zon- ing Commission, at its special meeting on May 24th, has voted to deny the petitions of William Special Session, May 30, 1972 Commission. We respectfully urge that you concur with this decision. Respectfully snhmitted, Thomas M. Flyno, Vice Chairman Frank J. Glah Donald E. Sanders Richard P. Friedman William A. Knapp Lester J. Streinz Councilman Pregler moved sus- pension of the rules. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justrnano, Pregler, Thoms. Nays - None. Mr. Mike Meyers, counsel for the Sisters of Mercy, stated that there are not enough sigoatures on the petitions. The petitioners themselves define the area, which would only be from 9'h to 12%, as Mercy itself owns 27 acres. Petitions are invalid, according to law 50% of the area is the go- verning factor in filing a petition for rezoning. Attorney Francis O'Conoor stat- ed that a petition for an apothe- cary was filed back in January and they still have no answer on this, Councilman Thoms moved that the communication of the Plan- ning & Zoning Commission be fil- ed and refer the original petitions to the staff for investigatioo and report and the Thill and Miller petitions be set for a public bear- ing on June 26th. Seconded by Councilman Bitter. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Thoms. Nays - Councilman Pregler. Councilman Bitter moved that Ordinances No. 41-71 and 42-71 be repealed and the City Attorney be instructed to draft proper or- dinance of repeal and draft pro- per proceedings. Seconded hy Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Thoms. Nays - Councilman Pregler. 238 enhancement of that investment is a puhlic purpose. In its action I of July 21, 1971, it was the in- tent of the Commission to further that public purpose by approving the establishment of office uses to support the effective use of and development of the hospital. This action is consistent with an im- portant national trend toward the consolidation of health care facili- ties to secure greater economy and effectiveness in the delivery of comprehensive health services. In this prior action, and in develop- I ing the concept of the proposed H-M zoning district at all three local hospitals, the Commission has sought to guide the natural growth trend of our hospital area toward an orderly and desirable develop- ment pattern for the future of the community. It should also be noted that the Planning and Zoniog Commission has estahlished a record of long- standing in its efforts to preserve the integrity of residential neigh- borhoods, and this decision to ap- prove additional, non-residential uses in the Hill District was not made lightly. Consideration has been given to the effects of ad- ditional traffic, to the compatibi- lity of office development to the character of the neighborhood and to effects on surrounding property. It is the judgement of the Com- mission that development of me- dical offices adjaceut to Mercy Medical Center would not produce detrimental effects withio the neighborhood so substantial as to outweigh the potential benefit to the well-being of the community. The action of this Commission at its public heariog of July 21, 1971 was a culmination of its stu- dy and consideration of the com- munity interest io health services development, and in the Hill Dis- trict io particular. A move to re- voke this action would seriously erode the ability of the public to rely on any zoning decision. It is the unanimous position of the Commissioners to reaffirm their previous recommendation, r e- search, deliherations and public hearing on this matter. We be- lieve the public is entitled to re- liance on the decisions of their Council and Planning and Zoniog Special Session, May 30, 1972 239 Councilman Pregler moved to re- impose the rules. Seconded by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. May 19, 1972 Honorahle Mayor and Council Members The City Planning and Zoning Commission has reviewed a re- quest to have property, located at 1105 Loras Boulevard, reclassi- fied from Local Business "A" to Local Business "B". The same request was reviewed by the Commission on October 29, 1969, May 20, 1970, November 18, 1970 and January 26, 1972. On considering the previous re- quests the Commission found that a substantial amount of area in the vicinity of this site is class- ified Siogle Family and Two Fa- mily Residence on the zoning map. Planniog for those areas envisions that they will remaio in this class- I ification. The Local Business "A" district is established to accommo- date businesses that will serve the residents living in these ares, while some of the uses permitted in the Local Business "B" district would not be compatible with or provide service to the surrounding resi- dential area. It was the opinioo of the Com- mission that the circumstances were unchanged and that previous recommendations to deny the re- ~":~:. represents their best judge- I The Commission wishes to re- affirm its previous recommenda- tion that the property at 1105 Lo- ras Boulevard remain in the Lo- cal Business "A" classification. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Acting City Planner Councilman Pregler moved that the recommendation of the Com- mission be upheld. Seconded by Councilman Thoms. Carried by the followiog vote: Yeas - Mayor Moldenhauer, I Councilmen Bitter, Pregler, Thoms. Nays - Councilman Justmann. Mayor Moldenhauer moved sus- pension of the rules. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Mr. Phil Langas addressed the Council showing concern over the delay in the proposed new Zoning Ordinance which possibly would al- low him to sell beer in his es- tablishment. The delay is costly to him. Councilman Bitter moved that the City Solicitor be iostrocted to draft an amendment to the pre- sent zoning Ordinance in Business "A" classification to allow beer permits in new zoning classifica- tion. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. May 26, 1972 Honorable Mayor and Council Members The City Planniog and Zoning Commission has held a public hear- ing on a proposal to reclassify property described as Lot 14, Block 2 of Westside Manor Subdivision, in the City of Dubuque, Iowa, from Single Family Residence to Mul- tiple Residence classification, and to include it in Article IV, Sec- tion 2(h) of the zoning ordinance to permit professional office use. This property is located on the northwest corner of Crestwood and John F. Kennedy Road. In consideration of the views of area residents, the Commission has determioed that its previous re- commendation to deny the request is no longer valid, and that pro- fessional office use of this pro- perty is appropriate. It is the recommendation of the Planning and Zoning Commission that the request, as described, be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Acting City Planoer 240 Special Session, May 30, 1972 Councilman Pregler moved ap- proval of the recommendation and I same be referred to the City At- torney for proper proceedings. Se- conded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Low-Rent Housing Commission submitting mioutes of their meeting of May 23, 1972, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded hy Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor MoWenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Maurice J. Hall et al requesting vacation of the al- I ley to the rear of their homes located on the west side of Con- cord Street, presented and read. Mayor Moldenhauer moved that the petition be referred to the Planning & Zoning Commission. Se- conded by Councilman Justmano. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Prioted Council proceedings for the months of January and Feb- ruary 1972 presented for approval. Councilman Bitter moved that the Council proceedings for the months of January and February 1972 he approved as prioted. Seconded by Councilman Thoms. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. May 19, 1972 Honorable Mayor and City Council On April 12, 1972, Mrs. Emma Enz of 660 East 15th Street, Du- buque, Iowa, filed claim against the City of Dubuque in an unstated amount, alleging personal injuries suffered by her on March 16, 1972 as the result of a fall she snf- fered as the result of catching her foot in an uneven portion of the walk on the west side of Io- wa Street approximately 25 feet south from the southwest corner of Thirteenth Street. Tills matter was referred to the City Attorney who has made an investigation of said matter and has been advised by the carrier for the abutting owner that said matter has been satisfied in full. In view of the foregoing, it is the recommendation of the City Attorney that the claim of Mrs. Emma Enz filed against the City of Duhuque be denied. Original claim is returned her. with. Yours very truly, R. N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Se- conded by Councilman Thoms. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. May 19, 1972 Hon. Mayor & City Council Gentlemen: On April 24, 1972, John S. Adams of 935 Indian Ridge, Dubuque, Iowa filed claim against the City of Dubuque, for damages allegedly suffered on or about March 17, 1972 as the result of a sewer back- up claiming damages in the a- mount of $71.33. This matter was referred to the appropriate City Agency who made an investigation thereof and report- ed by letter to this office, dated May 15, 1972, of no liability on the part of the City and in view of the foregoing it is the recom- mendation of the City Attorney that the claim of John S. Adams be denied. Original claim is attached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Sec- onded by Councilman Thoms. Car- ried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Special Session, May 30, 1972 Hon. Mayor & City Council On May 12, 1972, Clifford NaIl of 1313 West Boulevard, Rapid City, South Dakota, 57701 filed claim against the City of Dubuque, in the amount of $1,500.00 claiming that he bruised his jaw and dam- aged his motor vehicle as the re- sult of the undercarriage of his auto striking a railroad track as the result of a hole in the street at the intersection of Charter and Salina Streets io the City of Du- buque. This matter was referred to the City Attorney who made an in- vestigation thereof and based on the facts and existing law, finds there is no actionalbe negligence on the part of the City of Du- buque and there fore recommends that said claim be denied. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Sec- onded by Councilman Thoms. Car- ried by the followiog vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. May 19, 1972 Hon. Mayor and City Council On December 3, 1971, Mrs. Jo- seph Hager of 106 N. 4th Street, Bellevue, Iowa filed claim against the City of Dubuque, Iowa for per- sonal injuries and damages alleg- edly suffered by her on November 13, 1971, as the result of tripping on an uneven section of sidewalk on West 16th Street between Cen. tral Avenue and Iowa Street in the City of Dubuque causing her to faIl resulting in bruises, con- tusions and abrasions to her left knee and her chin. I have made an investigation of this matter, have conferred with the claimant and reviewed her me- ical bills and doctor's report and said claimant has made an offer of settlement in the amount of $108.00. It is the recommendation of the City Attorney that said offer of settlement be accepted, and that the City Auditor be instructed to draw a warrant payable to Mrs. Joseph Hager and transmit same 241 to the City Attorney for delivery upon receipt of duly executed re- lease. Original claim is returned here- with. Respectfully submitted. R. N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Peititon of Peoples Natural Gas requesting permission to excavate On Carter Road to repair a leak- ing gas main, presented and read. Councilman Pregler moved appro- val of the petition. Seconded by Mayor Moldenhauer. Carried by Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 155-72 WHEREAS, John A. Liok has executed and delivered a Warranty Deed conveying to the City of Du- buque, Iowa the real estate hereon described for street purposes; and WHEREAS, delivery of said War- ranty Deed, dated May 22, 1972 by John A. Link and the City of Dubuque, Iowa should be ac- cepted. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That duly said War- ranty Deed fromJohn A. Link to the City of Dubuque, Iowa convey- ing the following real estate to , wit: Lot 2 of Westview West and I Lot 2 of Lot 2 of Lot 2 of West- view Sbopping Center Place all in Section 21 T., 89 N., Range 2 E., of the 5th P.M. in the City of Dubuque, Dubuque County, Ia. be and the same is hereby ac- cepted. Section 2. That the City Clerk be and he is hereby directed to file said Warranty Deed in the office of Dubuque County Recorder Section 3. That real estate here and above described be and the same is hereby designated as a drainage area and green area as 2A2 Special Session, required by the City of Dubuque Subdivision Regolations. Passed, approved and adopted this 30th day of May, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt Mayor Moldenhauer moved adop- tion of the resolution. Seconded hy Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Conncilmen Bit t e r, Jnstmann, Pregler, Thoms. Nays - None. RESOLUTION NO.I56.72 Resolution accepting the eight inch sanitary sewer in North Grand view Avenue connecting the Mary- crest Subdivision to the Kanfmann Avenue Sanitary Sewer. WHEREAS, under the provisions of Ordinance 49-59, George Saffran, owner of Marycrest Subdivision, I has constrocted a sanitary sewer, and WHEREAS, the City Engineer has inspected the same and the City Manager has recommended its acceptance, and WHEREAS, the permittee has filed with the City Council a eer- tilled statement showing all the amounts paid in conoection with the construction of said sewer. This total cost has heen established io the amount of $4,518.00. Section 1. That said sewer is hereby accepted by the City of Dubuque, Iowa and the same be hereafter a public sewer under the exclusive charge and control of the City of Dubuque, Iowa. Section 2. That hereafter any person or persons desiring to con- nect with said sewer shall first apply to the City Manager for permission to do so and such per- mission shall be granted upon con- ditions that applicant shall pay to the City Treasurer for the ac- count of George Saffran, a con- nection charge as shown in fol- lowing pro-rated connection cost of assessable footage: May 30, 1972 Lot 1-1-1-Mineral Lot 337, $394.43, at $3.26681, $1,288.53 Lot 1-1-1-1-1-1-1-1-1-Mineral Lot 342, $530.00 at $3.2681, $1,731.41 Lot 2-1-1-1-1-1-1-1-Mineral Lot 342 85.0 at $3.2668, $604.36. Lot 2-1-1-1-1-1-1-Mineral Lot 342 $100.0 at $3.26881, $326.68. ' Lot 6 of Wiegand's Snhdivision I $173.57 at $3.26681, $567.02 Totals - 1,380.0 Assessable Front Footage $4,518.00 Coostroc- tion Cost $4.518.00=3.26681 per front foot, 1,380 Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution in the of- fice of the County Recorder of Duhuque County, Iowa. Passed, adopted and approved this 30 day of May, 1972. Wayne A. Moldenhaner Mayor Walter A. Pregler Allan T. Thoms C. Rohert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenahuer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 157.72 WHEREAS, the Comprehen- sive Planning and Management Program, authorized by Section 701 of the Housing Act of 1954, as amended, has been made avialable to cities over 50,000 population by the U.S. Department of Housing and Urban Development; and WHEREAS, it has been recom- mended that the City of Dubuque participate in the Comprehensive Planning and Management P r 0- gram; and WHEREAS, the City of Duhuque wishes to participate io the Com- prehensive Planning and Mana- gement Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be and is hereby authorized to Special Session, May 30, 1972 243 execute and file an applicatioo on behalf of the City of Dubuque, Iowa with the U.S. Department of Housing and Urban Develop- ment under Section 701 of the Housing Act of 1954, as amended. Section 2. That the City Manager be and is hereby authorized and directed to furnish such informa- tion as the U.S. Department of Housing and Urhan Development may reasonably request in con- nection with the grant application which is herein authorized to be filed and sigo all necessary docu- ments. Passed, approved and adopted this 30th day of May, 1942. Wayne A. Moldenhauer Mayor. Waiter A. Pregler Allan T. Thoms Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following Vote: Yeas - Mayor Moldenhauer, Counéi1men Bitter, Pregler, Thoms Nays - Councilman Justmann. Councilman Bitter moved to ta- ble the motion until next meeting. Seconded hy Councilman Justmann The vote on the motion was as follows: Yeas - Councilman Bitter, Just- mann. Nays - Mayor Moldenhauer. Council Pregler, Thoms. Motion failed for lack of majority RESOLUTION NO. 158.72 AUTHORIZING THE EXECUTION OF REVISED STATEMENTS FOR AN APPLICATION FOR A SEC- TION 23 LEASED HOUSING PRO- JECT. WHEREAS, the City Council of the City of Dubuque under date of March 13, 1972, adopted Res- I olution No. 75-72 authorizing the Mayor to execute on behalf of the City of Dubuqne, Statements of Intent to accompany a certain application for a Section 23 Leased Housing Project submitted to the United States Department of Hous- ing and Urban Development; and WHEREAS, the Department of Housing and Urban Development has since revised the Project Se- lection Criteria ntiIized by that de- partment to evaluate all applica- tions for housiog; and WHEREAS, the City of Dubnque has reprepared the Statements of Intent to comply with the afore- mentioned revised Project Selec- tion Criteria questionaire; now therefore Be it Resolved by the Council of the City of Dubuque, Iowa; Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed to execute on behalf of the City of Dubuque, the revised Statements of Intent for submission to the United States Department of Housing and Urban Development to support an Appli- cation for a Section 23 Leased Housing Progran for the elderly and handicapped presently on file with said department. Passed, approved, and adopted this 30th day of May, 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 Moldenhaner moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmano, Pregler, Thoms. Nays - None. RESOLUTION NO. 159.72 Af>provlng the Fixed-Price Compe- tition Method for Offering Certain land In the Downtown Urban Re- newa,! Project, Iowa R.15, for De- velopment by Private Developws WHEREAS, under date of July 26, 1967, the City of Duhuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertakiog of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, under date of May 18, 1967, the Council of the City of Dubuque, after a Public Hearing 244 Special Session, May 30, 1972 duly adopted an Urban Renewal Plan for said Project and which Urban Renewal Plan is on file in the Office of the City Clerk and is recorded in the Office of the Recorder of Dubuque County, Iowa, in Book 295 of Mortgages, Pages 225 to 259; and WHEREAS, pursuant to said Ur- ban Renewal Plan and said Loan and Capib.l Grant Contract, the City of Dubuque has and is ac- quiring land, relocating site occu- ~ants, removing structures and other improvements, and construc- ting and reconstructing site im- provements and public facilities; and WHEREAS, the Urban Renewal Plan provides for the sale of cer- tain land for redevelopment by private developers; and WHEREAS, the Fixed-Price Com petition method permits the sale I of land on criteria and factors other than price and in the best interest of the Urban Renewal Pro- ject and the City of Dubuque, now therefore Be it Resolved by the City Coun. cil of the City of Dubuque Iowa: Section 1. That the documents pertaining to a proposed Fixed- Price Competition offering of a certain parcel of real estate set forth in such documents, a copy of which documents are made a part hereof and filed of record in the Office of the City Clerk and as they may he revised as necessary to comply with the re- quirements of the Department of Housing and Urhan Development, are hereby approved. Section 2. That the Fixed-Price Competition method of offering cer- tain land for sale for redevelop- ment hy private developers is the appropriate method of making the land availahle for redevelopment. Section 3. That the price for the disposal of said parcel included in the proposed offering has been determined to he not less than the fair price for the land for uses in accordance with the Urban Renewal Plan and said prices are hereby approved. Section 4. That the City Man- ager and the Director of Urban Renewal be and are hereby author- ized and directed to proceed with the proposed disposal of the par- cel set forth in the attached doc- uments in accordance with the pro- posed disposal procedure and all other applicable requirements. Section 5. That the City Clerk be and he Is herehy authorized and directed to publish "Invitation for Proposals" for the sale of cer- tain parcels of real estate, in the form of Exhihit "A" attached here- to and made a part hereof. Passed, approved and adopted this 30th day of May, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmano Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Exhibit "A" INVITATION FOR PROPOSALS The City of Duhuque, Iowa, in- vites proposals for the purchase and redevelopment of property in the Downtown Urban Renesal Pro- ject, Iowa R-15. The parcels of land availahle for sale are located between Central Avenue and Iowa Street, and they are bounded on the north hy the Goodyear Tire & Rubber Company Service Store and on the south by the Renier Piano & Organ Company property. The parcels are identified as fol- lows: Parcel No., 2-2, Approximate Square Feet, 22,928.101, Use, Com- mercial Service Area. Parcel No., 2-6, Approximate Square Feet, 28,748.338, Use, Com- mercial Service Area. Full information, instructions and bid documents needed to pre- pare proposals may be obtained by depositing $10.00 with the De' partment of Urhan Renewal, Suite 10-B, Fischer Building, Duhuque, Iowa, for each set of Documents. Each such deposit shall be re- funded if the Documents are re- turned in good condition within 30 days after hid opening. All proposals must be received at the office of the City Clerk, City Hall, 13th Street and Central Avenue, Dubuque, Iowa, no later Special Session, May 30, 1972 than 10:00 A.M. CSDT on June 23, 1972, at whcih time all bids will be publicly opened and read in Council Chambers. Each proposal must be accom- panied by a good faith deposit in the form of a certified check or bank draft payable to the City of Dubuque, or a satisfactory bid bond, in an amount equal to 10% of the amount of the offer. Additional information concern- ing the City of Dubuque's Land Marketing Program for the Urban Renewal Project may be obtained from Gent M. Wittenberg, Direc- tor of Urban Renewal. I 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.160.72 WHEREAS, applications for Beer permits have been submitted to this Council for approval and same have been examined; NOW BE IT RESOLVED by the City Council of the City of Dubuque Iowa that the following applications be granted and licenses issued up- on the compliance with the terms of the ordinances of the City Class "B" Beer Permit William L. McDonough, Riverside Softball Field Frank & Phyllis Licciardi, 504 Bluff Street Cia.. "C" Beer Permit LiI' Giant Food Store, Inc. 2644 Pennsylvania Avenue Passed, adopted and approved this 30th day of May, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler AIlan T. Thoms C. Robert Justmann Josepb J. Bitter Councilmen Attest: Leo F. Frommelt City Cierk 245 Councilman Bitter moved adop- tion of the resoiution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTiON No. 161.72 WHEREAS, applications for Beer permits were filed by the within named applicants and they have received the aproval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have file proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. Class "B" Beer Permit William L. McDonough, River- side SoftbaIl Field Frank & Phyllis Licciardi, 504 Biuff Street Class "C" Beer Permit Lil' Giant Food Store, Inc. 2644 Penosyivania Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 30th day of May, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Counéilmen Attest: Leo F. Frommelt City Clerk Council Bitter mOVed adoption of the resolution. Seconded by Councilman Pregler. Carried by the fallowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. There being no further business Councilman Justmann moved to 246 Special Session, May 30, 1972 adjourn. Seconded by Councilman Pregler. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Leo F. Frommelt City Clerk Approved ......................................1972 Adopted ........................................1972 ............................................................ ............................................................ ............................................................ ............................................................ Councilmen Attest: '.."'ciïŸ"'ëi~~k.""'.'.'.".""""" Regular Session, June 5, 1972 247 CITY COUNCIL (OFFICIAL) Regular Session, June 5, 1972. Council met at 7:30 P.M. (C.O.T.) Present - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. City Manager Gilbert O. Chavenelle. Mayor Moldenhauer read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the Council calIed for the pur- pose of acting upon such business as may properly come before the meeting. June 1, 1972 To the Honorable Mayor and City Council This is to advise that I have ap- proved the following policy and bond, and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY Swift Plumbing and Heating Co. The Ohio Casualty Insurance Co. SIDEWALK Cletus Palm, Merchants Mutual Bonding Company RespectfulIy, Gilbert D. Chavenelle City Manager Councilman Pregler moved filing approval subject to approval of the City Attorney. Seconded by Councilman Bitter. Carried by the folIowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays-None. June 2, 1972 Honorable Mayor and City Council This notice has not been com- plied with and I recommend to the City Council that the provis- ions of Ordinance No. 35-52 be en- forced and that the owner of said building. known as 109 St Mary's Street, and located on Lot 11 St Raphael's Addition, City of Du- buque, Iowa be required to dis- mantle said building and clean up the premises. Respectfully submitted, Gilbert D. ChavenelIe City Manager Mayor Moldenhauer moved ap- proval of the recommendation and set a public hearing for July 3, 1972. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. May 15, 1972 Mr. John A. Nagle 1637 Iowa Street Dubuque, Iowa 52001 Dear Mr. Nagle: I have personalIy inspected the building known as 109 St Mary's Street, Dubuque, Iowa and located on Lot 11 St Raphael's Addition, City of Dubuque, Iowa and the conditions as they have been re- ported to me by the Building Com- missioner, Fire Chief and the Housing Inspector are substantially correct A copy of whose report is hereto attached and by reference made of part hereof. According to City Ordinance No. 35-52, you are herehy given ten (10) days to dismantle and clean up the premises. Yours very truly, Gilbert D. ChavenelIe City Manager Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Mayor Moldenhauer. Carried by the folIowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. Attorney David L. Clemens spoke on the proposed County- City Law Enforcement Center by stating that the original cost fig- ure has escalated by $48,000, which would bring the total cost up to $1,044,000. June 1, 1972 Honorable Mayor and City Councilmen On the 20th day of October, 1971, Mrs. L. W. Doty filed claim against the City of Dubuque in the amount of $123.00, claiming injuries suffered on October 9, 1971, in the urban renewal area when she stepped on a board that caused her to trip.