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1972 June Council Proceedings 246 Special Session, May 30, 1972 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 Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved filing approval subject to approval of the City Attorney. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler Thoms. Nays - None. Regular Session, June 5, 1972 247 CITY COUNCil adjourn. Seconded by Councilman Pregler. Carried by the foIlowing vote: Yeas - Mayor Moldenbauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Leo F. Frommelt City Clerk (OFFICIAL) Regular Session, June 5, 1972. Council met at 7:30 P.M. (C.D.T.) Present - Meyor Moldenhauer, Councilmen Bitter, Justmann, Preg. 'er, Thoms. City Manager Gilbert D. Chavenelle. Mayor Moldenhauer read the caIl and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the Council caIled for the pur- pose of acting upon such business as may properly come before the meeting. Approved ......................................1972 Adopted ........................................1972 ............................................................ ............................................................ ............................................................ ............................................................ Councilmen Attest: """ëi.ïŸ"'ëi~~k"""""""""""'" 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. RespectfuIly submitted, Gilbert D. Chavenelle 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 personaIly inspected the huilding 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 hereby given ten (10) days to dismantle and clean up the premises. Yours very truly, Gilbert D. ChaveneIle City Manager Councilman Pregler moved that the ruies be suspended in order to let anyone present address the Council if they so desire. Second- ed by Mayor Moldenhauer. Carried by the foIlowing 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- Regular Session, June 5, 1972 Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. Notice of claim of Leath & Co. for water damage incurred to some of their merchandise in the basement of their store at 656 Main Street as the result of the water department working in the area and aIlegedly being negligent on May 22, 1972, presented and read. Councilman Bitter moved that the notice of claim be re- ferred to the City Attorney for investigation and report. Seconded by Councilman Justmann. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. 248 --- This matter was referred to the City Attorney who recommended denial thereof by reason of tbe denial of said claim by the City's carrier. In reexamining this matter, it appears that the claim should be aIlowed, and the said claimant through her attorneys have made a settlement of $123.00. It is the recommendation of the City Attorney that the offer to settle the claim of Mrs. L. W. Doty against the City of Dubuque in the amount of $123.00 should be accepted, and the City Auditor instructed to draw a warrant pay- able to Mrs. L. W. Doty, and to transmit the same to the City At- torney for delivery upon receipt of a duly executed release. Yours very truly, R. N. Russo City Solicitor Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Just- mann. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays - None. June 2, 1972 To the Honorable Mayor and City Council An ordinance regulating the parking along Asbury is being pre- sented for your consideration. I recommend it to you. For your information I am en- closing a copy of the proposed ordinance and a letter of explana- tion from Chief O'Brien. RespectfuIly, Gilbert D. ChaveneIle City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler, Thoms. Nays-None. ORDINANCE NO. 29.72 An ordinance amending Ordi. nance No. 33-49 known as the Traffic Code of Dubuque, lowe", as emended, by repealing sub- section 78 of Schedule VI and enacting a n- Subsection 78 of Schedule VI in lieu thereof to prohibit parking of motor ve- hicles on the north side of Asbury Road from St. Ambrose Street to Bunker Hill Drive and from Clarke Drive to Woodlawn Street and both sides of Asbury Road from John F. Kennedy Road to the westerly city limits. presented and read. Councilman Bitter moved that the reading just had be considered June 1, 1972 Honorable Mayor and City Councilmen On April 10, 1972, Robert J. Jahn of 681 Jacobs filed a claim against the City in the amount of $246.00, claiming damages to his vehicle as the result of striking alleged holes in the street south of North Grandview on West 32nd Street on April 8, 1972, I have made an investigation of this matter and conferred with the Street Commissioner, and it is tbe opinion of the City Attorney that such claim should be denied as said street at said time could have been negotiated witbont damage at a reasonable rate of speed. Original claim is herewith returned. Yours very truly, R. N. Russo City Solicitor Councilman Bitter moved ap- proval of tbe recommendation. Seconded by Councilman Just- mann- Carried by the following ""te: Yeas - Mayor Moldenhauer, Regular Session, June 5, 1972 the first reading of the Ordinance. Seconded by Councilman Thoms. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays......None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council. man Thoms. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Councilman Bitter moved that a public hearing be held on the Or- dinance on July 3, 1972 at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication of Dub u que Code Committee recommending adoption of the revision to the local Electrical Code and adoption of the 1971 National Electrical Code, presented and read. Council- man Thoms moved that the com- munication be received and filed. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. June 2, 1972 To the Honorable Mayor and City Council An ordinance to Establish an Electrical Examining Board and an ordinance to Establish a Complete Electrical Code is being presented to you for consideration. These ordinances are revisions of city ordinances 31-64 and 32-64. I recommend them to you. The following items are attached to this letter: a) Ordinance Establishing an Electrical Examining Board. b) Work sheet indicating modifi- cations compared to No. 31-64, c) Ordinance Establishing a Com- plete Electrical Code. 249 d) Work sheet indicating modi- fications compared to No. 32-64. e) Letter from Mr, Bandy and Mr. Alber. f) Letter from chairman of the Code Committee. g) List of the names of the Code Committee. Two copies of the National Elec- tric Code, 1971 have been placed on file with the City Clerk. It is Proposed to adopt this regulation hy reference, I understand that people in the electrical business and trade have been informed that the proposals are being presented to the Council. Mr. Bandy, Mr. Alber and mem- bers of the ,Code Committee will attend council meeting to explain the proposed ordinances. Respectfully, Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed, Seconded by Mayor Mol- denhauer. Carried by the foIlow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Mr. Ed. Alber, City Electrical in- spector, addressed the Council by stating that the new Proposed Electrical Ordinance has nine ma- jor changes in it. Mr. Wm. Farrell, of the National Electrical Contractors Assn., COm- plimented the local code Commit- tee for the fine Ordinance that was drawn up and being pro- posed. However he did state that the proposed Ordinance fails to state any bonding requirements for all licensing contractors. He also pointed out the lack of in- surance requirements. Mr, Harold Moldt stressed the idea that the City requires bonds for all their work. Councilman Pregler moved that the request submitted by Mr, Far- rell he submitted to the Building Code Committee and forwarded to the City Clerk. Seconded hy Mayor Moldenhauer. Carried by the fol. lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justroann, Pregler, Thoms. Nays-None. 250 Regular Session, June 5, 1972 ORDINANCE NO. 30.72 An Ordinance to establish an Electrical Examining Board, to provide for the examination and registration of Electrical Con- tractors, Journeyman Electri- cians, and Maintenance Elec- tricians, and the collection of fees and to provide penelties for violations hereof, preseRited and read. Councilman Thoms moved that the reading just had be considered the first reading OI! the Ordinance. Seconded by Mayor Moldenhauer, Carried by tbe following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregier, Thoms. Nays---None. Councilman Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived- Seconded by Mayor Mold- enhauer. Carried by the foIlowing vote: Yeas - Mayor Moldenbauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays--JNone. Councilman Thoms moved that a public hearing be held on the Ordinance on July 3, 1972, at 7:30 o'ciock P.M. in the Council Cham- ber at the Ci.ty HaIl and the City Clerk be instructed to publish notice of the hearing in the man- ner required by law, Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Juslmann, Pregler, Thoms. Nays-None. ORDINANCE NO. 31-72 An OrcHnence to adopt by ref- erence the National Electricel Code 1971 Edition, being a com- plete electrical code regulating the practice, materials and fix- tures used in theinstelletion, maintenence, extension and al- teration of all wiring fixtures, appliances and appurtenances in connection with various electri- cal systems, to provide for the appointment of an Electrical In- spector, the issuance of permits for electrical installation and the collection of fees, to estab- lish an Electrical Appeal BoanI and to provide penalties for vio- lations hereof, presented and read. Councilman Thoms moved that the reading just bad be consid- ered the first reading of the Ordi- nance. Seconded by Mayor Mold- enhauer. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None, Councilman Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Mold- enhauer. Carried by the following vote: Yeas - Ma y a r Môldenhauer, COuncilmen Bit t e r, Justmann, Pregler, Thoms, NaYl"-"'None. Councilman Thoms moved that a public hearing be held on the Ord.- inance on July 3, 1972, at 7:30 o'clock P.M. in the Council Cham- ber at ,the City HaIl and !be City Clerk be instructed to pubIisb not- ice oof the bearing in the manner required by law. Seconded by Mayor Moldenhauer, Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, JuatmanD, Pregler, Thoms. Nays-None. Petition of American Legion re- questing permission to conduct a "Youth on Parade" celebration on J.uly 1, inviting members O<! the City Council to ride in the first division of the parade, presented and read. Mayor Moldenhauer moved approval of the petition and referred same to the City Manager. Seconded by COuncilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justman n, Pregler, Thoms. NaYl"-"'None. Petition of KDTH requesting a rescheduling of a dance for June 9th in an effort to boost Dubuque, on the D. B, & T. Parking lot, the original date was cancelled due to rain, presented and read. Mayor Moldenhauer moved approval of the petition and referred same to the Manager. Seconded by Coun- cilman Pregler, Carried by the fol- lowing vote: Yea s - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None. Regular Session, June 5, 1972 Petition of Dubuque Industrial sheet No.1 inclusive showing a Bureau respectfully snggesting a schedule of the proposed valua- concentrated effort to get taxicabs tions and assessments for the con- moving again in Dubuque, present- struction of the Liebe Street san- ed and read. Councilman Bitter itary sewer, east of Jackson Street. moved .that the communication be Respectfully submitted, received and filed. Seconded by John L. White P.E, Councilman Pregler. Carried by City Engineer th~ :~~IO~":r :'i~: r Moldenhauer, COuncilman Bitter moved .that COuncilmen Bit t e r, Justmann, the ~mmuRlcation be receIved Pregler Th<>ms and flIed. Seconded by COunCIlman Nay":-None. . Thoms. Carried by the foIlowing Attorney Robert Bertsch ad- vo~~as - May 0 r Moldenhauer, dressed the Councll In behalf of Councilmen Bitter Justmann the Cab Companies by stating that Pregler Thoms, ' , Mr: Even is working dili~ently Nays':-'None. trying to dispose of the busrness. Mr. Even would like to get out of RESOLUTION NO. 163.72 the business entirely. BE IT RESOLVED BY THE CITY RESOLUTION NO. 162.72 ~'::t~~I~~~ :1?w~ached sheet Approving revocation of permits is hereby determined to be the of Black & White, YelIow, Checker, schedule of Proposed assessments and Veterans Radio Cabs, present- for construction of LIEBE STREET ed and read. In the light of new SANITARY SEWER 8 inch-1972, evidence at hand and in the inter- and the vàluations set out therein est of all parties concerned in the are hereby approved. re-establishment of cab service Passed adopted and approved Councilman Thoms moved to table this 5th' day of June 1972. the motion of adoptio~ of the reso- Wayne A. Moldenhauer lutlOn until the meeting of June Mayor 12th and the Clerk be instructed Walter A. Pregler to proVIde a copy of the resoluh~n AIlan T. Thoms to permIttee. Seconded by Council- C Robert Justmann man Justmann. Carried by the fol- J~seph J. Bitter lowrng vote: Councilmen Yeas - Mayor Moldenhauer, Attest. Councilmen Bit t e r, Justmann, Leo' F. Frommelt, Pregier, Thoms. City Clerk Nays-None. Petition of Robert J: Rosenow et tiO~~~~:'".o~~~¡~~, ~::;~d::';;; al (19 sIgners) ob¡ectrng not only Councilman Thoms. Carried hy the to the beerhcense rezoRl';lg license foIlowing YUte: beIng consIdered for Phil Langas Yea s - Mayor Moldenhauer, at 1105 Loras Blvd., but once re- Co un c iI men Bitter, Juslmann, zoned the property may be sold Pregler Thoms. for a~y alIowable use In t~e new Nays':-'None. classifICatIOn, such as servICe sta- tion, drive-in etc. and requesting RESOLUTION NO. 164-72 denial of the request, presented Approval of plans, specifica- and read. Mayor Moldenhauertions form of contract plat and moved that the petition be re- all o'ther documents fur the' con- ferred to the City Solicitor. Sec- struction of Liebe Street Sanitary onded by Councilman Thoms. Car- Sewer 8 inch 1972 in the eattmat- ried by the following vote: ed amount of $3,897.27, presented Yeas - Mayor Moldenhauer, and read. Councilman Bitter mov- Councilmen Bit t e r, Justmann, ed adoption of the resolution. Sec- Pregler, Thoms. onded by Councilman Thoms. Car- Nays-None. ried by the foIlowing vote: June 2, 1972 Yeas - Mayor Moldenhauer, To the Honorable Mayor Councilmen Bitter, Justmann, and City Councii Pregler, Thoms. I hereby submit the attached Nays-None. 251 Attest: Leo F, Frommelt, City Clerk OouncUman Bitter moved ap- proval of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None, (Fixing date of hearing) RESOLUTION NO. 166-72 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 165-72 given its pre- liminarY approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construc- tion of Liebe Street Sanitary Sew- er 8 inch-1972 and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspec- tion. BE IT THEREFORE RESOLVED that on the 3rd day of July 1972, a public hearing will be held at 7:30 P.M. D,S,T. in the Council Chamber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of tbe proposed Resolution of Necessity Regular Session, June 5, 1972 I portion of any street or ........ ment district shaIl be assessed to and paid by the railway company, The above resolution was intro- duced, approved and ordered plac. ed on file with the City Clerk this 5th day of June, 1972. Approved and placed on file for final action. Approved: Wayne A. Moldenhauer Mayor Walter A. 'Pregler AIlan T. Thoms C. Robel'! Justmann Joseph J. Bitter <Jouncilmen 252 (NeceMity for Improvement) RESOLUTION NO. 16>72 WHEREAS, proposed p I a n s, ~ations, form of contract, plat and acbednle have been duly prepared and _roved by .the City Council of tbe City of Dubuque and are now on file in the office of the City Clerk showing among otber things tbe following: 1. The boundaries of the dis- trict, if any. 2. The size and kind of sewers. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4, An estimate of t'he cost of the proposed improvement, stating the same for each different type of ~~n:ru:;~~ and kind ol material I 5. In each case the amount there- of Which is estimated to be assess- ed against each lot, for the con- struction of LIEBE STREET SAN- ITARY SEWER 8 lnch-1972, BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the berein mentioned im- provement, and unless property owners, at the time of the final consideration of this proposed assemnents, they shaIl be deemed to have waived all objections thereto. Said improvement shaIl be con- stnreted and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by !be City Council and are now on file with tbe City Clerk. That tbe cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provid- ed by law and in an amount not to exceed the amount provided by law, property wiIl be assessed whether the same abuts thereon or is adjaceJllt thereto according to area and in proportion to the special benefits comerred thereby, and any deficiency shill be paid out of the sewer funds. Sewer bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract baa been performed and aœepted and the proceeds thereof used to pay the contractor. The railway Regular Session, June 5, 1972 253 and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be PUblished in some new.. paper published in the city of Du- buque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter On record its final decision thereon. Passed, adopted and approved this 5th day of June, 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 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. Communication of Dubuque Community Sehool District Board of Education passed an official resolution on May 26, 1972 au- thorizing the City to use an unde- veloped school site on Valentine Drive for a City playground area, and an agreement estahlished be. tween the two bodies through their respective legal counsels, present- ed and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. NayS-None. June 2, 1972 To the Honorable Mayor and City Council For your consideration at coun- cil meeting June 5th I am submit- ting a plan by Mr. Slattery and Mr. Kramer for the instal1ation of a playground on school property which is near Cody Drive and has an entrance on Valentine Drive. The proposal for developing the school site includes the return of Cody Play Field to Mr. Richard Hensche~ who gave the lot to the city, I am enclosing the proposal of Mr. Slattery and Mr. Kramer along with a letter of understanding from School Superintendent Gar- lyn Wessel. A resolution for the disposal of Cody Field is being drafted for your consideration, and an agree- ment with Mr. Henschel and one with the Sehool District is being drafted. Mr. Slattery and Mr. Kramer will he at the council meeting to present the program. I am returning to you the peti- tion signed by residents on Cody Drive and Valentine Drive who re- quested the improvement of Cody Field, Respectfully, Gilbert D. ChaveneIle City .Manager Councilman Pregler moved that the communication be received and Ï1led. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 167.72 WHEREAs, the City of Du- buque by and through its Recrea- tion Commission has been nego- tiating with the Dubuque Com- munity School District to aecure a site for its recreational activities; and WHEREAs, said site is suitable for said recreational purposes, a plat of which the boundariee are marked in red is hereto attached, and by reference is made a part hereof, such site is burdened with grazing rights in Richard C. Hen- schel; and WHEREAs, Dubuque Commun- ity School District is willing to grant the use of said site for recreational purposes unto City of Dubuque, suhjeet to such grazing rights and subject to the execu- 2M Regular Session, June 5, 1972 tion of agreement, a copy of which marked Exhibit "B" is hereto at- tached; and WHEREAs, Richard C, Henschel is willing to release his grazing rights in said tract in exchange for reconveyance to him of Lot 6 of Block I of Pioneer Hills Subdi- vision which he had conveyed to City of Dubuque for park pur- poses, and which has been found to be unsuitable for such develop- ment by the Recreation Commis- sion of Dubuque, Iowa; and WHEREAS, the City Council finds that agreement between City of Dubuque and Dubuque Com- munity School District should be approved and said agreement be- tween City of Dubuque and Rich- ard C. Henschel should be ap- proved; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. Agreement between City of Dubuque and Dubuque Community School D i s t r i ct, marked Exhibit "B" hereto at- tached be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of City of Dubuque. Section 2, Agreement between City of Dubuque and Richard C, Henschel providing for the recon- veyance to him of Lot 6 of Block 1 of Pioneer Hills Subdivision in exchange for the release of his grazing rights in the site acquired by City of Dubuque from Dubuque Community School District be and the same is hereby approved, and the Mayor and City Clerk are here- by authorized to execute said agreement on behalf of City of Dubuque. Section 3. That the City Clerk is hereby directed to publish no- tice of intent to dispose of inter- est in real estate as is by law re- quired. Passed, approved and adopted this 5th day of June, 1972, Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Jusimann Joseph J. Bitter Attest: Leo F. Frommelt City Clerk Councilman Pregler moved that the matter be referred to the Planning & Zoning Commission and the Clerk instructed to pub- lish notice. Seconded by Council- man Bitter. Carried by the foIlow- ing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. AGREEMENT IT IS AGREED this 10th day of July, 1972, by and between the DUBUQUE coMMUNITY SCHOOL DISTRICT, her e aft e r called "School District" and the CITY OF DUBUQUE, IOWA, hereafter called "City" as foIlows: 1. The School District is the owner of a parcel of real prop- erty located in Dubuque County, Iowa, legally described as follows: Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of McLean Heights in the City of Dubuque, Iowa, according to the recorded plats thereof, and the School District hereby grants to the CITY OF DUBUQUE, lOW A, the right to use that part of the aforesaid described prem- ises, which is specificallY identi- fied in "red" on Exhibit "A" at- tached hereto. 2. Richard C. Henschel bas the right to use such property pursu- ant to an agreement of April 4, 1968 and the City wiIl secure a consent in writing from Richard C. Henschel to use such property. 3. The City intends to use the aforesaid property for playground purposes and hereby agree. to ac- cept such property "as is" and to perform all necessary work in or- der to make the property useable for the intended purpose. 4. The City hereby agrees to va- cate the aforesaid described real property on thirty (30) days writ- ten notice from the School Dis- trict, and to remove therefrom all fixtures installed by it. 5. The City does hereby agree, in consideration of the right to use the aforesaid property, to in- demnify and hold harmless the said School District, its directors and employees, from any and all claims, demands or actions in law or equity that may at any time be made or brought against tbe School District by anyone on ac- Regular Session, June 5, 1972 count of personal injurie. or prop- erty damage sustained or allegedly sustained by reason of the use or preparation for use of the aforeaaid described real property by the City, or any other persons, firms or corporations. DUBUQUE COMMUNITY SCHOOL DISTRICT By Francis J, Noonan By T. J. Stapleton CITY OF DUBUQUE, IOWA By Wayne A. Moldenhauer Mayor Attest: Leo F. Frommelt City Clerk WHEREAS, Richard C. Hen. schel, developer and realtor of I Pioneer Hills, deeded to the City Lot 6 of Block 1 of Pioneer Hills Subdivision for the purpose of providing a recreational area which lot consists of approximate- ly 16,000 square feet; and W1IEREAS, the City of Du- buque has found it not feasible to develop such lot; and WHEREAS, the City of Du- buque has secured rights in an- other parcel for such recreational purposes, which area is owned by the Dubuque Community School District is burdened with grazing rights held by Richard C. Hensch- el; and WHEREAS, Richard C, Hen- schel is willing to release his grazing rights in such real estate in exchange for a conveyance to him of said Lot 6 of Block 6. NOW, THEREFoRE, IT IS MU- TUALLY AGREED BY AND BE- TWEEN THE PARTIES HERETO AS FOLLOWS: 1. Richard C, Henschel agrees to release his grazing rights in and to approximately two acre tract of real estate owned by the Dubuque Community School District, and such release shall run in favor of the City of Dubuque. A copy of the plat of the area bounded in red is hereto attached and by reference made a Part hereof. 2. City of Dubuque shall convey Lot 6 of Block 6 in exchange for such release of grazing rights to Richard C. Henschel. 3. City shall cause notice of in. tent to dispose interests in real es- tate to be published as is by law I provided and no abstract of title shaIl be furnished and conveyance 255 shall be by Quit Claim Deed and costs of publication ahall be paid by City of Dubuque. Dated this date the 5th day of June, 1972. CITY OF DUBUQUE By Wayne A. Moldenhauhauer Richard C. Henschel Proof of Publication, certified to hy the Puhlisher, of Notice to Con- tractors of the receipt of proposals for the construction of City of Du- buque 1972 Asphalt Paving Project No.1 on the foIlowing named streets: 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 Block 11 of Hill- crest Heights. 4. John F. Kennedy Road-wid- ening lanes at Pennsylvania Ave- nue, presented and read. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Jusimann, Carried by the fallowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, JUSimann, Pregler, Thoms. Nays-None. June 1, 1972 To the Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10 a.m. Thursday, June 1, 1972 for the City of Dubuque 1972 Asphalt Paving Project No, 1. The lowest bid entered was entered by the Tri-State Paving Company, Inc. Their bid was 0.002% over the engineer's estimate. I reconunend the contract for the improvement be awarded to the Tri-State Paving Company, Inc. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays-None. 258 Regular Session, June 5, 1972 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by tbe foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg. ler, Thoms. Nays - None. RESOLUTION NO 172-72 WHEREAS, applications for Liq- uor licenses bave been submitted I to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of tbe City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT-CHAPTER 131-as amended by the 64th General Assembly, 1971. CLASS "C" COMMERCIAL BEER & LIQUOR LICENSE Eliu.beth Krajnovich, 481 Locust Street Helen Weiner, 709 University Ave. Harry N. Gantert, 1301 Rhomberg Avenue Riverside Bowl, Inc., 1860 Haw- thorne Street Paul SchoIlmeyer, 176 Locust Sl Passed, adopted and approved this 5th day of June, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. Nays-None. RESOLUTION NO 173-72 WHEREAS, applications for Liq- uor licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be anthorized to cause to be is- sued to the foIlowing named ap- plicants a Liquor license. CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE Elizabeth Krajnovich, 481 Locust Street Helen Weiner, 709 University St. Harry N. Gantert, 1301 Rhomberg Avenue Riverside Bowl, Inc., 1860 Haw- thorne Street Paul Schollmeyer, 176 Locust St. Passed, adopted and approved this 5th day of June, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. Nays-None, Communication of Westminster Presbyterian Church approving transfer of property along the east side of University from Loras Blvd. to Irving Street to be used in the construction of University Avenue, subject to certain condi- tions, presented and read. Mayor Moldenhauer moved that the communication be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms, Nays-None. There being no furtber business Councilman Bitter moved to ad- journ. Seconded by Councilman Regular Session, June 5, Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None, Leo F. Frommelt City Clerk Approved ....................................1972 Adopted ......................................1972 .....................................,...................... Councilmen Attest: ..................,............................. City Clerk 1972 259 Special Session, June 12, 1972 Special Session, June 12, 1972 262 the Street Parking Meter Ordi- nance and the Parking Lot Ordi- nance. I recommend the ordinance amendments. I am attaching a copy of a letter from Chief O'Brien which explains the proposed changes. this of-Deci;,,¡,e,." P"sod. app,ovod aod adoplod this 12th day 01 J,ne. 1m. WayOe A. Moidenha,., May" Walt., A. P'e,II" Allan T. Thoms C. Robert J,"mann J"enh J. Biff" C,"ncllmen ATTEST: Leo F. F"'mmelt City Cle'" P,bUshed officially Tn The Tele- mph-Hmid Newspape, thTs 16lh day of J,ne "',. Leo F. F"'mmelt 11. 6/16 City Cle'" Councilman Bitter moved final adoption of the Ordinance. Sec- onded by Mayor Moldenhauer. Car- ried by the foIlowing vote: Yeas - Mayo r Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. NayS-'None, ORDINANCE NO. 34-72 An Ordinance Amending Ordin. nace No. 39-6S known as the "Parking Meter Lot Ordinance" of Dubuque, lowe, by repealing Section 4 and enacting a New Section 4 defining Memoriel Day as e Holiday, presented and read, Councilman BitterlOOved that the reading just had be consider- ed the first reading of the Ordin- ance. Seconded by Mayor Molden- hauer. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms, NaYS-'None, Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Mold- enhauer. Oarried by :the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. NayS-'None. , ,aY" Wolt" A. p,.gl., Allon T. Thoms C. Robert """",nn J"",ph J. Biffe, Co,ndlmen ATTEST' Leo CI P,bl"hed The Teie- g,..h-Hmld Ihl> 16th dOY 01 J,ne 1 Leo F. ",ommell 11.6/16 CTty Cieri< CouociJinan Bitter moved final adoption of the Ordinance. Sec- onded by Mayor Moldenhauer. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-iNone. ORDINANCE NO. 33-72 An Ordinance Amending ordin- ance No. 37-6S knoWn as the "Street Perking Meter Ordinence of Dubuque, Iowa" by repeeling Subsection 5 (oj Thereof end En- ecting e Now Subsection 5 (a) defining MemOrial Day as a Holiday, presented and read. CounciJinan Bitter moved that the reading just had be consider- ed tbe first reading of the Ordin- ance. seconded by Mayor Molden- hauer. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nay.......None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. seconded by Mayor Moldenhauer. Carried by the fol- lowing vote. Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nay.......None. ORDiNANCE NO. 33-72 -..-...- ORDi. S THE oRni- ", BY Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Molden- hauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. Nay.......None. ORDINANCE NO. 32-72 An Oclinonce Amending ordino ence No. 33-49 known as the "Treffic Code of Dubuque, Iowa" as amended, by repealing _tion 1.47 ancl enacting e Now Sec- tion 1.47 defining Mamoriel Dey as a Holidey, presented and read. Councilman Bitter moved that the reading just had be consider- I ed the first reading of the Ordin- ance. seconded ~ Mayor Molden- hauer. Carried by .thefoIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms, Nay.......None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Moldenhauer. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. NaY8-"None. Pa"ed. oPProved end odopted this 12th day of J,PO. "',. Woyne A. MOidenh..., Maya, Walt., A. P'eoi., Allon T. Th<>ms C. Robert J,,'mann J"eph J. Biff., C,"ncllmen .,.""'H"aid --.,;,v,..." ';~fs T,eJI'h daY of J,ne 1972. Leo F. F'ommell 11.6/16 City CIeri< Councilman Bitter moved final adoption of the Ordinance. Sec- onded by Mayor Moldenhauer. Car- ried by .the following vote: Yeas - Mayor Moldenhauer, Co u n c i Imen Bitter, Justmann, Pregler, Thoms. NayS-'None. Petition of Giese Sheet Metal Co. requesting a refund of $5.00 on an air conditioning permit issued for 157 Princeton Place, as the job had been cancelled, presented and read. Mayor Moldenhauer moved approval of the petition and di- rected the Auditor to issue proper warrant. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms, NayS-'None, Petition of Walter J. Kunnert re- questing a refund of $225 on Class B Beer Permit No. 630, to be eligible to apply for a combina- tion beer & Liquor license, pre- sented and read. Mayor Molden- hauer moved that the petition be granted and directed the Auditor to issue proper warrant. Seconded used in fhis be Jon,'" Dav, J,IV MondoY in doy of any 264 Special Session, June 12, 1972 by Coun<iIman Bitt... Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. Nays-None. Petition of Phyllis M. Schulz et al (119 signatures) requesting con- s¡ruction of hiking and bicycle path on the flood waIl, presented and read. Councilman Pregler moved that the petition be re- ferred to the City Manager and staff for investigation and report. Seconded by Councilman Thoms. Carried by tbe foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. Nays-None. Petition of Giese Sheet Metal Co. requesting permission to install an air conditioning condensing unit at the rear of 504 Central Ave. at the Traveler's Cafe, presented and read, Councilman Pregler moved that the petition be refen-ed to the City Manager and staff. Sec- onded by Councilman Thoms. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Ju s t man n, Pregler, Thoms. Nays-None. Petition of Sun Oil Co. request- ing permission to euIarge a gas station and instaIl a car wash fa- cility at J.F,K. Road and peonsyl- vania Avenue, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and Staff, Seconded by Councilman Thoms. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. Nays-None. RESOLUTION NO. 174-72 WHEREAS, the city of Dubuque has as its City Hall a building of IUstorical and arehitectural and cultural significance; and WHEREAS, said City HaIl has a large area of currently unused space on third floor; and WHEREAS, tbe Police Depart- ment and Matron's Quarters occu- py approximately 2,300 sq. ft. of space that wül become available if the Joint Law Center is approved; and WHEREAS, access to and egress from second and third floors is not now adequate; and WHEREAS, a number of offices that should be located within City Hall currently must be housed in temporary housing or leased space (Le. tbe Building Department, the Planning and Zoning office, the Urban Renewal office, to name a few of the more important ones); and WHEREAS, housing for city gov- ernment should be adequate and a high priority and yet realistic and practical for the city. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That an architectural firm be hired to consider how the existing space in City Hall can best be used. Section 2. That a cost estimate be prepared for making space on third floor accessible and safe. Section 3. That a sensible reno- vation be considered. Passed, approved and adopted this 12th day of June, 1972. Wayne À. Moldenhauer Mayor W¡¡lter A. Pregler Allan T. Thoms C. Robert Justmann Jðseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Moldenhauer m 0 v e d adoption of the resolution, Sec- onded hy Councilman Justmann, Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 175-12 WHEREAS, City of Dubuque has had negotiations with tbe Dubuque Packing Company relating to the conveyance by City of Dubuque to Dubuque Packing Company for ex- pansion purposes; and WHEREAS, Dubuque Packing Company beretofore acquired Lot 1 of Block 8 of Dubuque Packing Company Addition in the City of Dubuque which was acquired from the City of Dubuque subject to the following easements, to-wit: Special Session, June 12, 1972 (a) The right ÌJt the City of Du- Mayor Moldenhauer, Carried by blltue, Iowa, to use said property tbe following vote: fo-r the temporary or permanent Yeas - Mayor Moldenhauer, storage of surface water, stann wa- Councilmen Bitter, Jus t man n, tel', or. overflow sewage until such Pregler, Thoms. tiøIe as the City Council shaIl by NaYs-None. ..."hnwll declare such right is RESOLUTION NO. 162.72 "" longer required. Approving revocation of Black (b) An easement of right of way & White, Yellow and Chec1œr Cab fl1r all utilities or power lines & Veterans Radio Cab permits was now in place. presented and read. Conncilman (c} An easement in the City of Pregler moved that the rules be Dubuque, Iowa, to construct and suspended in order to Ie! anyone maintain such storm and sanitary presen.t address the Council If they sewers across or under said prop- so deSIre. Seco~ded hy Mayor -,,!ol- erty as its needs may require. denhauer. Corned by the foUowmg (d} The right ÌJt the City of Du- vote: buque, Iowa, to use such portion Ye~s - Mayor Moldenhauer, of said property... may be neces- Councilmen Pre¡¡ler, Th?ms. sary for a temporary dumping m::a;s - Councilmen BItter, Just. ground un!i1 the access to the . City's dumping grounds on City Is- Attorney Roher! Bertsch repro- land has been restored. senting the Cab companies pleaded WHEREAS, the CIty of Dubuque for III1>re time to co.nsider proposal finds d d t rmin s its said eaSt>- of sale t~ a local mvestor of the an e e. e . cab servIce owned by Mr. Even. ments are no lo.nger nee<!ed, . and He requested that the matter be that same consbtute a h~ndrance tabled until tbe next meetiDg of to the development of satd prop- the Council. erty, and . . After considerable discussion WHEREAS, CIty Coun.1I of the COImcilman Bitter moved that tbe City of ~ubuque ~etermines that rules be reimposed. Seconded by the releaSIng of saId easements by Mayor Moldenhauer. Carried by the City of Dubuque would serve the fuIlowing vote: the best publish interests, Yeas - Mayor MOldenhauer, NOW THEREFORE BE IT RE- Councilmen Bitter, Justmann, SOLVED hy the City Council of Pregler, Thoms. the City of Dubuque, Iowa: Nay&-None, Section I. That the City of Du" Mayor Moldenhauer moved that Imque should relinquish all of the Resolution No. 162-72 and any ac. f..regoing easements, here and tion thereon be referred to the above descrihed as relates to Lot next meeting. Seconded hy Coun. 1 of Block 8 of Duhuque Pack- cilman Justmann. Carried by the iug Company Additi..n. foilowing vote: Sedion 2. That tbe City Cærk Yea~ - Mayor Moldenhauer, be and he is hereby directed to Councilmen BItter, Jus t man 11, publish notice of intent to dispose Pregler, Thoms, of interest in real estate as is by Na,ys-None, law required. To ,the Honorable Mayor Passed, approved and adopted and City Council this 12th day of June, 1972. Re: City of Dubuqne , . . Wayne A. Moldenhauer ~~~: ,Water Treatment FacIlities Mayor We are pleased to report and Walter A. Pregler submit for your consideral;ion a Allan T. Thoms copy of the first of five Grant C. Robert J?stmann Proposal Offers of Retroactive Joseph 1.. BItter Funding by the State of Iowa on . Councilmen Phase I of our Sewage Program. Attest. The State Legisl&ture has appro- Leo.F. Frommelt priated funds for use in fiscal CIty Clerk years 1972 and 1973 to retroactive- Councilman Bitter moved adop- ly aid in the cost of constructing lion of the resolution. Seconded by the treatment projects started 265 266 Special Session, June 12, 1972 prior to June 30, 1969. This grant' of $284,7'14.00 is being made from funds available for fiscal year 1972 and represents the City of Dubuque's prorated share of this money. It is anticipated, but subject to annual legislative appropriation, that over the next five year period the City will receive a total of $1,693,611.86 in retroactive funds for the Phase I construction of the Sewage Program. This is based on the state's 25% share in the total eligible cost of the improve- ments. We have prepared a Resolution which authorizes the Mayor and City Clerk to execute tbis agree. ment and we will look forward to your favorable considel1ation of this matter, Respectfully suibmitted, John 1. White, P.E. City Engineer Mayor Moldenhauer moved that the communication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - May 0 r Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 176-72 RESOLUTION OF THE CITY OF DUBUQUE, IOWA BE rr RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that the Con- tract For state Grant For Treat- ment Works with the State of Iowa, pursuant to Chapter 455<: of the 1971 Code of Iowa and Section 3, H. F. 710, Acts of the 64th General Assembly, is hereby accepted by said Council on behaH of Dubuque, Iowa, and that Way.ne A. Molden- hauer, Mayor, and Leo F. From- melt, Clerk are hereby authorized and directed to execute same and affix the seal of the City thereto on behalif of said City. Dated at Dubuque, Iowa this 12th day of June 1972. Wayne A. Moldenhauer Mayor Allen T. Thoms Walter A. Pregler C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk The undersigned duly qualified and acting City Clerk of the City of Dubuque, Iowa, does hereby cer- tify: That ,the attached Resolution is a true and correct copy of the Resolution accepting the Contraet For State Grant For Treatment Works regularly adopted at a legally convened meeting of the City Council of the City of Dubu- que, Iowa, duly held on the 12th day of June, 1972; and further that the Resolution has been ful1y recorded in the Journal of Pr0- ceedings and Records in my of- fice. EN WITNESS WlD'JREOF, I have hereunto set my band this 12th day of June, 1972- Leo F. Frommelt, City Clerk of the City of Dubuque, Iowa Mayor Moldenhauer moved adop- tion of the resolution. Seconded by Councilman Pregler. carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Tbom& Nays-None. Proof ()f Publication, certified to by the publisher, of Notiee to Con- tractors of receipt of proposals for the construction of North Algona Sanitary sewer from existing man- hole in University Avenue North- erly 277 feet, presented and read. Councilman Pregler moved that the proof of publi.cation be re- ceived and filed, Seconded by Councilman Justmann. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Couneilmen Bit t e r, Juatmann, Pregler, Thorns. Nays-None. June 12, 1972 To the Honorable Mayor and City Council On Thursday, June 3, 1972 at 10:00 a.m" bid propoaa!a were re- ceived for the construction of the NoI'th Algona Sanitary Sewer. Two bids were submitted, and both, as the attached tabulation indi- cates, were considerably over the City Engineering Department's es- timate. The Engineering Department has analyzed the bids submitted and the unit price items listed. With tbe exception of the bid price for eight (8) inch vitrified Special Session, June 12, 1972 267 tile pipe, all the other bid items tion be received and filed. Sec- were very close to the estimated onded hy Councilman Thoma. cost. The bid price for the eight Carried by the fallowing vote: (8) inch vitrified We was $4.60 Yeas - Mayor Moldenhauer, per foot over ,tbe estimated cost, Councilmen Bitter, Jus t man n, This was the single item whic.h Pregler, Thoms. caused the excessive overage. On Nays-None. a larger project bid last December, the low unit price bid for pipe was RESOLUTION NO. 177-72 4% below our estimated pipe cost. Authorizing the Sale, Issuance We feel there are several rea- and Delivery of Project Notes In sons for the substantial increase the Aggregete Principal Amount in cost. Because of the relatively of $IA32,OOO and the Execution smaIl size of the project (2117 lineal of Requisition Agreement No. feet of pipe), the contractor's have 3-72 in connection with the included a contingency for un- Downtown Urben Renewal Proj- foreseen di1!fieuIties and for the ect, Project No. I-a R-15. cost of people and equipment WHEREAS, City of Dubuque mobilization. The contractors h~ve (herein called the "Local ISSuing also indicated concern regarding Agency") has entered into one or the enforcement of th~ new Fed- mOre contracts (which, together eral Salety ~ws, possIble shonng with any supplements thereto or of the ditchline, and .other hIdden amendments or waivers of any costs which could anse. provisions thereof are herein We recommend these bids on caIled the "Contr~ct") with the the project be rejected. In turn, UnLed States of America (herein the ElIIgineemn¡¡ Department wi~ called tl¡e "Ci<>vernment") provid- reassess the estllna~e on ~he Pl'!'J- ing for a loan by the Government ect and combme thiS project WIth to the Local Issuing Agency for two slightly larger sanit~ry sewer financing the urban renewal, low- projects neanng complebo~ of de- rent housing or redevelopment sign. We feel ,that .c°mblW"'!l sev- project (s) described in the Can" eral projects of this type will re- tract and herein caIled the "Proj- sult in contract costs more closely ect". and approxima,mng .our e~at:s.. mREAS, pursuant to adver- The p,?Ject, m COm?matlOn WIth tisement for the receipt of pro- others, Mll be r...ubmltted to your posals for the purchase of the Honorabl~ Body as soon as the Third Series 1972 of Project Notes pmgram IS complIed. (herein sometimes caIled "New RespectfuIly submitted, Project Notes") of the Local Issu. Gilbert D, ChaveneIle, ing Agency aggregating $1,432,000, City Manager which appeared in a Notice of . Sale published on May 23, 1972, CouncIlman Pregler moved ,ap- and May 30 1972 in the Tele- proval of the recommendation. graph Herald in the City of Du- Secondeg" ?Yd 1ou~~~m~~IlO~~ buque, Iowa, and in The Daily =~~. me y Bond Buyer in the City of New Y~as - Mayor Moldenhauer, York, New York, propos~s for the Co 'Im Bit t e r Justmann purchase of the New Project Notes ~CI ~oms' , in the form approved by the Local ~~;~None. . Issuing Agency were received, .op- ened, and canvassed at the time Proof of Publication, certified to and piace mentioned in said adver. by the Publisher, of Notice of Sale tisement, to wit: at Council Cham. of Project Notes, Third Series bers, City Hall, 13th and Iowa in 1972, in the amount of $1,432,000, the City of Dubuque, Iowa 52001 being issued to aid in financing at one o'clock P.M. ES.T., on Urban Renewal project, presented June 6, 1972, which proposals are and read. as foIlows: No written objections were filed Name of Bidder: and no oral objectors were pres- Continental illinois National Bank ent at the time set for the pub- and Trust Company of Chicago lic hearing. Councilman Pregler First National City Bank moved that the proof of puhlica- The First Boston Corporation Special Session, June 12, 1972 Trust: terest to bearer, on November 10, 1972:, and, pursuant to each pro- posal for the purchase of said Notes hereinabove accepted, shall bear the rate of interest per an- num, payable at maturity; shall bear tile mnnbers and be in the denominations; and shall be pay- able as to both principal and in. terest at the incorporated bank having true!. powers or incorporat. ed. tnst co_, as follows: Purchaser: Continental IDinois National Bank and Trust Company of Chicago First National City Bank The First Boston Corporation Mellon National Bank and Trust Company Numbers 2æ Mel1<>n National Bank and Coœpany Intereet Rat0-2.45%. Principal Amount..-,$1,432,000. Premium-$36.oo. Iowa-Des Moines National Bank: Interest Rat0-2:58% Principal Amount..-,$I,432,OOO Premium..-,$14.5& TIle First Natiollal Bank '" B- Lehman Brøthenr, Inc. lanrest 1ho~.65% Principal Amount..-,$l,432,OOO Pre,.;am-$Z7.00 B- of America N.T. & S.A. B8IIikers Trust Compauy Interest R--2.67~ Principal Alllount..-,$I,432,OOO Premioum-$40.00 NOW THEREFORE, BE IT RE- SOLVED by the City enuDcil of tile City or Dubuque' Section 1. The aforesaid publica- ~::.. &f ~~e ~~::ts°ft~e-::":~s tho: I published are hereby, in all re- spects, approved, and ratified' and confirmed. Section 2. In order to provide funds to. pay expenses incurred or tn be incurred in the development of the Project, or to refund, re- new or extend its outstanding Notes issued in connection there- with, the Local Issuing Agency hereby determines to borrow the sum of One Million Four Hundred Thirty 'l'ovo Thousand Dollars (~,432,OOO) and isane its negotia- ble Project Notes therefor, Section 3. The Local Issuing Agency hereby ratifies and ap- proves the form of each proposal he1'einafter in this Section 3 enu- merated f..,. the purchase of the designated principal amount of Notes and determines that each such proposal offers to purchase such Notes at the lowest interest rate and is therefore accepted, and said Notes are hereby awarded to the purchaser, as follows: Pur-cIoa-' Continental Illinois National Bank and Trust Company of Chicago First National City Bank TIle Fjrs\ Boston Corporation MeIlon National Bank and Trust Principal Amount..-,$1,432,OOO Interest Rat0-2.45% Section 4. Each Note shan he dated July 5, 1972, shall be pay- able as to both principal and in- Denom. Intarest Rate 2.45% 1- :¡ $100,000 3-16 $ 50,000 17-32 $ 25,000 33-42 $ 10,000 4348 $ 5,000 49-00 $ 1,000 payable At-¥irst National City Bank. None of ....1> Notes shaIl be valid until after the bank or trust company at which it is payable shall have signed the agreement, appearing on each N<>te, t<> act as paying agent thereof. Each sucb Note shall be executed in the name <>f the Local Issuing Agency by the manual or facsimile signa- ture of the Mayor and City Treas- urer of the Local Issuing Agency and shall have the corporate seal of the Local Issuing Agency im- pressed, imprinted or reproduced thereon and attested by the City Clerk, and said officers are here- by authorized and directed to cause said Notes to be properly executed. Section 5. Each such Note shall be in substantially the form of HUD-9010, which is incorporated herein by ref"..n,,", and shall be secured by an agreement entitled "Requisition Agreement No, 3-72" (herein called the "Requisition Agreement"), in substantially the form of HUD-9003, which is in- corporated herein by reference, to be entered into between the Local Issuing Agency and the Govern- ment. Section 6. The Requisition Agreement shall be executed in Special Session, June 12, 1972 :269 the name of the Local Issuing Agency by the manual or facsimile signature of the Mayor of the Lo. cal Issuing Agency and shall have the corporate seal of the Local Is- suing Agency impressed, imprint- ed or reprodueed thereon and at- test"d by the City Clerk, and said officers are herehy authorized and directed to cause the Requisi. tioll Agreement to be properly exe- cuted. Section 7. For the punctual pay- ment of the principal of and in- terest on the New Project Notes, the Local Issuing Agency hereby exPressly and irrevocably promises to pay any sums which may be re- <eived from the Government pur- suant to the Requisition Agree- I ment relating to anch series of Project Notes and said Agreement, when executed by the Government, is hereby declared to be and is hereby declared to be and is here- by assigned by the Local Issuing Agency for the benefit of the hold- er or holders from time to' time of the New Project Notes. AIl COn- tributions, funds and amounts au- thorized or required by the Con- tract to be applied to the payment of Project Loan Notes (referred to in the Contract as "Project Tem- porary Loan Obligations," "Ad- vaDce Notes" or "Permanent Notes") as issued in connection with the Project are hereby irre- vocably pledged to secure the pay- ment of the Principal of and in- terest to maturity on the New I Project Notes. Such pledge and the lien created thereby shall cease and terminate when monies or investment securities OODverti- hie into cash not later than the maturity date of the New Project Notes, sufficient and for the pur- pose of paying the principal and interest to maturity on such Notes, are deposited with the paying agent O'r a!ents for such Notes. Section 8. The prOCeeds derived I from the sale of the New Project Notes, together with such amount of other funds of the Local Issuing Agency as may be necessary, shall be applied, simultaneously with the receipt of said proceeds, in ac- cordance with the provisions of the Requisition Agreement. Section 9. The City Treasurer is hereby authorized and directed to send promptly a letter to each paying agent for the New Project Notes in substantiaIly the form of HUD-9004, which is inoorporated herein by reference, and to trans- mit therewith (a) the New Project Notes for which the addressee is t/¡e paying agent for '¡"livery and payment and (b) a signature cer- tifi~ate and receipt, in accordance with the terms of said letter, and to take such other actions as may be required to complete the deliv. ery transaction in accordance with the tenDS of the letter to the paying agent. Passed, approved, and adopted this 12th day of June, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thorns C. Robert Justmann Jos<ph J. Bitter Couneilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded hy Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. NaYS-None. Proof of Pnbl.iœtion, certified to by the Publisher, of In1'itation for bids, Demulition Contraot No. 1-72, and reœ¡pt of Pc<>posals for demo- lition of buildingS and s!rnetures and site ciearan<e fur the Down- town Urban Renewal Project Iowa R-.I:5, presented and read. No writ- ten objecüons were filed and no ora.! objectors were present in the Council Chamber et the time set for the pu.blic hearing. C<>nflCil- man Pregler moved that the proof of publication be received and fil- ed. Seconded by Mayor Molden- hauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thorns. Nays-None. RESOLUTION NO. l7~72 Authorizing the Execution of OemoIition Contract No. 1.72 for the Downto- Uri>an It...ewa' Proi«t, 1-.. R.lS WHEREAs, under date 1Jf March 13, 1972 the City Coun<1I Of the Councilmen Bit t e r, Justmann, Pregler, ThOOlS. Nays-!None. RESOLUTION NO. 179.72 BE IT RESOLVED BY THE OITY COUNClL OF THE OITY OF DUBUQUE, IOWA, that the foIlow- ing having complied with the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, Iowa, be granted a per- mit to sell Cigarettes and Cigaret- te papers within said City. William Balœr, 1064 University Avenue Beecher Company, Inc., 1691 As- bury Street Beecher Company, Inc. 2399 White Street Marshall R. Birch, 62 Locust Street Canfield Hotel, Inc., 36 West 4th Street Dubuque Packing Company Retail Store, 16th & Sycamore Street Beulah E. Fritz, 1091 White street Fischer Bowling Lanes, 880 Locust Street Theodore J. Ferring, 385 East 13th Street Laverne Felderman, 1869 Jackson Street The Great Atlantic & Pacific Tea Co., 3333 Asbury Road Hartig Drug Company, 2255 J, F. Kennedy Road Hartig Drug Company, 1st & Loc- ust Street Hartig Drug Company, 700 Main T<>wn Clock Plaza Hartig Drug Company, 22nd & Cen- tral Avenue John F. Hall, 2616 Windsor Av- enue John J. Heiderscheit, 1278 Central Avenue William R. Jotham, 2967 Jackson Street Elizabeth Krajnovich, 481 Locust Street Jeanette M. Kroeger, 431 Rhom- berg Avenue Harry Kopple, 1098 university Av- enue Eagle Store #109, 200 S. Locust Street Eagle Store #130, 1800 Elm Street Eagle Store #144, 3033 Asbury Street May's DrRg #204, 3049 Asbury Street Donald M. Love, 600 Central Av- enue William J. Lynn, 424 West Locust Street 270 Special Session, June 12, 1972 City of Dubuque authorized receiv- ing of proposals for the demoli- tion and site clearance of certain parcels of real estate in the Down- town Urban Renewal Project, Iowa R-15; and WHEREAS, an Invitation for Bids for the said work was pub- lished on April 25, 1972, and May 2, 1972 in the Telegraph.Hereld, a newspsper of general circula- tion in Dubuque, Iowa; and WHEREAS, an Invitation for Bids was mailed on April 25, 1972 to various contractors; and WHEREAS, six sealed propos- I als were received, opened and read aloud by the City Clerk in Council Chambers at 10:00 A.M., May 12, 1972; and WHEREAS, it has been deter- mined that the awarding of De- molition Contract No. 1-72 to the lowest bidder is in the best inter- ests of the City of Dubuque in undertaking the Downt<>wn Urban Renewal project, Iowa R-15; now therefore BE IT RESOLVED BY THE OOUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That Demolition Con- tract No. 1-72 for Demolition and Site Clearance of certain parcels of real estate in the Downtown Urban Renewal Project, Iowa R-15, be awarded to the lowest bidder, F. N. Smith Construction, Inc, and K. W. Gaber Construction Com- pany, at a cost not to eXICeed $37.- 480,00. Section 2- That the City Manager be and he is hereby authorized and directed to execute the afore- mentioned contract on behalf of the City of Dubuque for the com. plete pe11l'0rmance of tbe work. Passed, approved and adopted this 12th day of June, 1972. Wayne A. Moldenhauer Mayor Walter A- Pregler Allan A- Thoms C. Robert Justmann Joseph J, Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler IOOved adop- tion of the resolution. Seconded by Mayor Moldenhauer, Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Special Session, June Catherine M. Meyer, 530 East 22nd Street Mirnde Car Wash, Inc., 255 Locust Street Kermit Meyers, 336 Main Street Russell E. Myers, 1618 Central Av- enue Natioual Tea Company, 2013 Cen- tral Avenue Nati"nal Tea Company, 555 Ken. nedy Mall Joseph E. Reisdorf, 601 Rh<>mbel'¡¡ Avenue Nash Finch Company, 190 John F, Kennedy Road Office Grill, 7-B Fischer Building Rrehard O'Hara, 70 Locust Street Joseph Paller, 2612 Dodge Street Rainbo Oil Company, 107,5 Dodge Street Paul W. Schollmeyer, 176 Locust Street Lawrence & Ethel Schwartz, 500 Rhomberg Avenue Mrs. A- J. (Marita) Trapp, 1266 Central Avenue Martin C. WesteI'field, 260 Locust Street Martin C, & Esther Westerfield, 217'5 Central Avenne Helen Weiner, 709 University Av- enue Welsh Enterprises, Inc., 620 S. I Grandview Avenue Dennis A. Althaus, 1575 Central Avenue Carl N. Brant, 2600 Central Av- enue Earl G, Corbett, 408 West Locust Street Linnie Dunbar, 504 Central Av- enue Ramona Fettgather, 1103 10wa Street Melvin L. & Leonetta Kreiman, 2222 Central Avenue Vincent W. Mescher, 1233 Rhom- bel'¡¡ Avenue Doris J, Tigges, 2776 Jackaon Street Raymond Tschiggfrie, 1190 Dodge Street Wareco System of Iowa, 700 Rhom- berg Avenue BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 12th day of June, 1972. Wayne A- Moldenhauer Mayor Walter A, Pregler Allan T. Thoms 12, 1972 271 C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler, Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays-None. RESOLUTION NO. 180-72 WHEREAS, applicationa for Beer permits have been submitted to this Council for approval and the same have been examined; NOW, THiEREFORE, BE IT RæOLVED by the City Council of the City of Dubuque, Iowa, that the foIlowing applica- tions be granted and licenaes is. sued upon the c()mpliance with the terms of the ordinaœes of the City. CLASS "B" BEER PERMIT Arsenius A. Hanson, 139 Locust Street (Transfer from 107 Locust Street effective June 26, 1972) CLASS "Co. BEER PERMITS Beecher Co., Inc., 2399 White Street Beecher Co., Inc., 1691 Asbury Street Patricia Ann Sutton, 2850 Burling- ton Street Passed, adopted and approved this 12th day of June, 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 Coœilman Pregler. Carried by the followling vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoma. Nays-None. RESOLUTION NO. 181.72 WHEREAS, applicationa for Beer permits were filed by the within named applicants and they 272 Special Session, June 12, 1972 have reeetved the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the foUowing named applicants a Beer permit. CLASS "au BEER PERMIT ArBenius A. Hanson (transfer from 107 Locust Street effective June 2G, 1972), 139 Locust Street, CLASS "CM BEER PERMIT Beecher Co., Inc., 2399 White St. Beeeher Co., In.., 1691 Asbury St. Patricia Ann Sutton, 28SO Burling. ton Street BE IT FU1tTHER RESOLVED that the bonds filed by such appu.. cants be and the same are hereby approved. Passed, adopted and approved this 12th day of June, 1.972.. Wane A.. )(oldenluluer Mayor Walter A. Pregler AIlan T. Thoms C. Robert JUItm:mn Joseph J, Bitter CounciImea Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution, Seconded by Counct1man Preglet'. Carried by the foIlowing vote: Yeas - MAyor Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. Nays-None. RESOLUTION NO. 182-72 WHEREAS, appl!çations for Li~ uør permits have been Jubmitt.e4 to this Council for approval and the SIlUlt! have been examined. NOW TIIEBWOBE BE rr RE- SOLVED by the ~ Coundl of the City of Dubuque, low,", that the following applicatinn¡¡ be granted and licenses Issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT---CHAPl'ER 131- amend- ed by the 84th General AssemblY, 1971. CLASS "C" COMMEItCIAL BEER & LIQUOR LICENSE Colleen M. Wallace, 241 Main St. RaQ1ona Fettgather, 1103 Iowa St. Joseph Edward Reisdorf, 601 Rhomberg Avenue Fischer Bowling Lanes, Ø8O Locust Street Ph1111p R, Love, 1701 Central Ave- nue Passed, adopted and approved this 12th da,. of June, 1972. Wayne A. Moldenhauer Mayor Walter A. Preg\er Allan T. Thoms C, Robert Justmann Joseph J. Bitter Counellmen Attest: Leo F. Fro_It City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Counct1man Pregler. Carried by the following vote: Yea. - M8)'Ot' Moldenhauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. Nays-None. RESOLUTION NO. IUo72 WHEIIEAS, applications for Liq. uor licenses were filed by the within nSlDed 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 col\IPly with the State Law and all City ordinanees nlevant thereto and they have filed proper bonds; NOW 'l'HEREFORE BE IT RE- SOLVED by the City Council of DubuqW!, Iowa, that the Meager be authori~d to cause to be is- sued to the foIlowing named ap. plicants a UquøT license, CLASS "C" COMMI!RCIAL BI!ER & LIQUOR LICI!NSE Coneen M. Wa1lace, 241 Main St. Ramona Fettgather, 1103 Iowa St, Joseph Edward ReIsdorf. 601 Rhomberg Avenue PI<Ieber Bowling Lanes, 880 Locust Street Phillip R. Love, 1701 Central Ave- nue Special Session, June 12, 1972 Puaed, adopted and approved this 12th day of June, 1972- Wayne A. Moldetlbauer IIeyor Walter A. Pl'egler Allan 1', Tboms C, &lien JostmaDJI JOIIeph J. Bitter COtmcilmen Attest: Leo F. Frommelt CityClerl Councilman Bitter moved adop- lion of the resolution. Seconded hy Councilman Pregler. Carried by tile foDowln' vote: Yo... - Mayor Moldenhauer, Co\melJmen Bitter, J.s t m a . II, Pre¡Ier, TIIom.. Na~N""", COUNTY RI!SOLUTIOH 1WæREAS, a forln Gf proposed Agreement has been submitted to the Board III SIlpen!sGrs by and between Dtt'buque County, IOwa, 8nd tile City (}f Dllbuque n!lating tø the fill8!l(!lng and «Inst1'uetion of 8 Milt County.(J¡ty Law En- fo"'emellt cebter BlIilding, 8IJd WIiEREAs. the Board at Stlper- VÙÐra has 'lPP1'Oved the -: NOW 'I'H:I!:REFoRE BE IT RE- SOLVE!) BY THE BOARD OF SUll>ERWSO1lS OF T1Œ COUNTY or DUBUQUE, IOWA: SeeK... 1. That the proposed forln of AlÞ'eementbëtween the County of Dubuque, and the City 01 Dubuque. Iowa, relating to a Joint anurtY"Cit;y r..- EnID",e. ment CeJ1ter Building, copy of whieh Agreement is hereto attach. ed, be and the same is bereb)' 81>- proved. '-Ion 2. That the Chairman of I the Board (}f Stlpervisors be and he is herêby authorized and di. rected to exœute the same for - on behalf of tile County of Dubuque, Iowa. Section 3. That the County Aud- itor be and be Is hereby author. ized and directed 10 toke any and all 8Iep8 IleellSsary to prepare the submis1ll0n of the bond proposi- tion to the eleeMrate in the Aug- ust 22, 1972 eJeetioJl. I Passed, approved and adopted 273 this 12th day of June, 1.972. Leo N. &hueUer C~ LoW. c. Barrett Donald C. Meyers Sllpervi_. Attest: Harold p, Meloy County Audltør CounCIlman Pregler moved that the reBl>lution be received and made a matter of record, Seconded Ir.r Mayor Moldenhauer, Carr/ed by the foß(}--me mte: Yeas - Mayor Moldenhauer, CounclJmeI1 Bit tar, JIUtmaun, Pre.r, Thoms, Na}'\'>oN(}De, ORDINAHC8 No. as.n All 01111- __11ft 89-- "'- by elNf II8twøn Dubuq... CWnty, '- - tho City 01 D<ëuq1l8, lowe, """"" fo 101'" County-Clty Law 1l1Iforco_", centae BuIld/.. JI'e8ented and reacl. Councilman Pregler mOVed that the reading just had be considered tile first readIng of the Ordinance, Seeonded by MaYGr Moldenhauer. Carried by the foDoWlng vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Pregler, Thoms. Nays - Councilman JustrnaJm, Councilman Pregh!r moved that the rule reqblring an Ordinance fa be read on three separate days be waIved, Sc!<!Quded b:Y Mayar Moldenhauer. Carried by the fol- loWIng "Gte: Yeas - Mayor Moldenhauer, Councilmen Bitter, Pregler, Thoms. Nay> - Councilman Justmann. 274 Special Session, June 12, 1972 "me 10 the Doo...e Coonty Boo'. of SoPeNl..'" 10' thel, emot'on. 1':;'0':1::' .l'P.r~~:'1'.J~. adopl" "", Wayne A. Moldenhaoe, Mav" Walle, A. p",'e, Allan T, Thom' C. Robert "'Imann Jo",ph J, 8'he, Coopcllmen ATTEST, Leo F. F...mmelt City CI- Po"",.... offl"allV In The Tel.. g..ph-Hml. N...,.a- ""0 16th .av of Jone 1m. Leo F. F,ommelt 11.6"6 CIty Cle'" Councilman Pregler moved final adoption of the Ordinance. Sec- ondeli by Mayor Moldenhauer. Car- ried ¡'y the foIlowing vote: Yeas- Mayor Moldenhauer, Councilmen Bitter, Pregler, Thoma. Nays - Councilman Justmann. Councilman Bitter moved that the rules be . suspended in order to let anyone' present addresstbe Council if they so desire. Second- ed by. Councilman Thoms. Carried by the tollowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg. ler, Thoms. Nays - None. Mr. Roland Gallagher and Mr, Pickney, members of the Liquor Control Commission of the state of Iowa addressed the Council along with various political candi. dates for State offices, both in- cumbents and new aspirants, Mr. Gallagher stated that Dubuque needs two stores. The State bas aIlowed appropriations for remod- eling of stores but not for new stores or facilities. No funds for new stores are to be appropriated until July 1, 1973. The trend is to put in self service stores, wbicb show a pick up of 20% in Busi- ness over the old system, Mr. Ra- phael Grant, head of the tavern keepers Ass'n. indicated their or- ganization seem to get many com- plaints from their members of the poor parking facilities at tbe pres- ent set-up. RESOLUTION No. 184-72 WItEREAS, the City Council of the City of Dubuque beretofore petitioned tbe Iowa Liquor Control Commission for the location and erection of a second liquor store in tbe City of Dubuque; and WHEREAS, it presently appears that the Iowa Liquor Control Com- mission is only able to improve or revamp the present liquor store to mOdernize the same which would require the relocation. of said liquor store; and WHEREAS, the City Council of the City of Dubuque, Iowa, has formally gone on record by una- nimous vote of its members to secure the 'relocation of the pres- ent liquor store in tbedowntown area rather than in West Dubuque, Iowa, NOW THEREFORE BE IT BE SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tbe City Council of the City of Dubuque, Iowa, does hereby formaIly go on record im- pressing its intent and desire to the Iowa Liquor Control Commis- sion that the liquor store in the City of Dubuque, Iowa, proposed to be relocated and improved be relocated in. .the downto~ area as it would serve the best. public interest in the light oftbe heavy financial commitment made in the downtown urban renewal area" Section 2. That the City Co1ßlcil of the City of Dubuque, Iowa, I» ing advised and informed that the location of a second liquor store in the City of Dubuque, Iowa, i. subject to. the funding and ap- propriation therefor by tbe Gen- eral Assembly to convene in 1973, that it formally goes on record renewing its petition to the. Iowa Liquor Control Commission for tbe location of a second liquor store in the City of Dubuque, Iowa, in West Dubuque, Section 3. That the City Council of the City of Dubuque, Iowa, does hereby ratify and confirm their action taken at their meet- ing of June 12, 1972, relating hereto. Section 4. City Clerk be and he Is hereby directed to transmit fortbwith to the Iowa Liquor Con- trol Commission a certified copy of this resolution. Passed, approved and adopted this 12th day of June, 1972. Wayne A. Moldenhauer Mayor C. Robert Justmann Allan T, Thoms Walter A. Pregler Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Spécial Session, June 12, 1972 This resolution waa subsequent- ly drafted as the result of a mo- tion by .M~yor Moldenhauer which read as follows: Council adopt. reso,lution 'expresSing. a desire to I have an improved liquor store fa. cility intbe Downtown area and instruct the City Attorney to draw up a proper resolution and request a second liquor store for the west end. Seconded. by Councilman Thoms. Carried by the following vote: Yeas.--- Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler; Thoms. r,¡ays - None. Tbwe being nofortherbuslness Mayor Moldenhauer moved to ad. journ. Seconded byCounciIJnan Pregler. Carried by the follØwing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Preg- ler; Thoms. ' r,¡ays - None. , LeaF. Frommelt City Clerk' 275 t', ,;. ,'J Approved "'......,..........."..,-,..,.,...1972 Adopted ......................................1972 ............................................................ Councilmen Attest: """"'c¡ïŸ'ci~~k""""""""'" ,Z16 SpeciAl S...oion, J- l3, 1972 CITY COUNCIL OFFICIAL Speclll Session, J- 13, 1972- Council met It 7:30 P.M. (C.D.T.) P_t - Mlyor Moldenheuer, Councilmen JUltmlnn. Pregler, Thoms. City Mlne8r Gilbert D. Che_lI.. Abeent - Councilman Bitter. M8JOr Moldenhauer read the call and stated that aervice there- of bad been duly made and tbia meeting is called for the purpose of conaltlerlng adoption of en 0,.. dlnl.... euthorldng locltlon ~ In IOWI liquor store outlet In build- .... 1000tad It the northweat co... Mr of the Intenectlon of 11th St. - Contrll Ave. In the City of Dubuque, IOWI, and acting upon nch other business as may prop- erly come before . regular meet. ing of the Council. ORDINANCE NO. 36-72 An Ordlnonce luthorlzlng L0- cation of on lowe LIquor Store outlet In building locotad at tho north_eat comer of the Into.... tlon of 11th Street ond Centrll Avenue In the City of Dubuque, lowo, presented end read. Mayor Moldenhauer moved that the reading just bad be considered the first reading of the Ordinance. Seconded by Councilman Just- manll. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Justmann, Thoms, Abatained-CounciIman Pregler. Absent--Councilman Bitter. Mayor Moldenhauer moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council. man Justmanll. Carried by the fol. lowing vote: Yeas - Mayor Moldenhsuer, Councilmen Justmann, Thoms. Abatained-CounciIman Pregler, Absent--Councilman Bitter. ~I ATTE$t, Le. F. F"""melt Cltv Cle" . Pub""'" offlclelt. in The T_,.ph- -... N- .... .... do. .. June,lm. Loa F. F..mmelt Citv C"". 11, ".. Mayor Moldenhauer moved final adoption of the Ordinance. Sec- onded by eouneiIman luøtmann. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Justmlll1ll, ThOms. Abstained-CounciIman Pregler, Absent--CounciIman Bitter. There beinl "" further business Mayor Moldenhauer moved to ad- journ. Seconded by Councilman Pregler. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Justmann, Pregler, Thoms, Nays-None. Absent--Councllman Bitter. Leo F. Frommelt City Clerk Special Session, June 13, 111111 Approved ..................,...............If'1, m Adopteð ."""'..................,...........lm .................,.....................,.................... ............................................................ .............,.............................................. ""'.""""""""""""""""-"""'.""'."". ..................................¡;;;;;;;;;¡;;;¡;;;." Attest: """"."'."'.....-..,....",...-..-.. City CI.... Special Session, June 19, 1972 leging damages by reason, ofa blockage of a sanitary sewer, This matter was referred to the City Attorney who referred It to the appropriate city agency, who on June 9, 1972, in writing denied Mr. Schmidt's claim. In view of the foregoing, there- fore, it is the recommendation of the City Attorney that said claim be denied. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Thoms. Carried by the foIlowing vote: Yeas - Presiding Officer Pro Tem JusImanll, councilmen Bit. ter, Pregler, Thoms. Nays-None: Absent-Mayor Moldenhauer. June 15, 1972 To the Honorable Mayor and City Council I am enclosing a copy of" letter sent to Mayor Moldenhauer an- nouncing the Annual Meeting of the Iowa League of Municipalities. Plesse reserve the date and plan to attend the conference. RespectfullY, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Thoms. Carried by the fol. lowing vote: Yeas - Presiding Officer Pro Tern Justmann, Councilmen Bit- ter, Pregler, Thoms. Nays-None. Absent-Mayor Moldenhauer, ORDINANCE NO. 37.72 An Ordinance Amending and Changing Ordinance No. 3-34 known as the "Zoning Map end Zoning Ordinance of the City of Dubuque, Iowa" so as to chenge certein property hereinafter de- scribed from "Single Femlly Residence District Clesslfica. tlon" to Multiple Residence District Classlflcetion, Lot 14, Block 2 of Weotslde Manor Sub. presentacl and read. Councilman Bitter moved that the reading just had be considered 278 CITY COUNCil OFFICIAL Special Session, June 19, 1912. Council met at 7:30 P.M. (C.D.T.) Present - Councilmen Bitter, Justmann, pregler, Thoms. City Maneger Gilbert D. Chevenelle. Absent-Moyor Moldenheuer. Councilman Pregler moved that Councilman JusImanll be elected to serve as Presiding Officer Pro Tem of this meeting in the ab- sence of Mayor Moldenhauer. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas - Councilmen Justmann, Pregler, Thoms. Nays-None. Absent - Mayor Moldenhauer. Councilman Bitter entered the Council Chamber after the preced- ing wte was taken. Presiding Officer Pro Tern Justmann read the call and stated that service thereof had been duly made and this meeting is called for the purpose of levying a spe- cial assessment and authorizing the issuance of public improve- ment bonds to pay for construc- tion of the remainder of 19'71 As. phalt Paving Project No.1, being I Asbury Road, and acting upon such other business as maY prop- erly come before a regular meet. ing of the Council, Communication of Dubuque Tank Terminal Co. supporting the City Health Director in his desire to pass a proper ordinance to pre. vent swimming in the Mississippi River within the City Limits, pre- sented and read. Councilman Preg- ler moved that the communication be received and filed. Seconded by Presiding Officer Pro Tem Just- mann. Carried by the foIlowing vote: I Presiding Officer Pro Tem Just- mann, Councilmen Bitter, Pregler, Thoms. Absent-Mayor Moldenhauer. June 16, 1972 Honorable Mayor and City Council On the 8th day of May, 1972, AI M. Schmidt, 1195 Laras Boule. vard, filed a claim for damages against the City of Dubuque, aI. Special Session, June 19, 1972 the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the foIlowing vote: Yeas - Presiding Officer Pro Tern Justmann, Councilmen Bitter, Pregler, Thoms. Nays-None, Absent-Mayor Moldenhauer. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived, Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Presiding Officer Pro Tern Justmann, Councilmen Bitter, Pregler, Thoms. Nays-None. Absent-Mayor Moldenhauer. Councilman Bitter moved that a public hearing be held on the Or. dinance on July 10, 1972, at 7:30 P.M. Daylight Saving Time in the Council Chamber at the City HaIl and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tern Justmann, Councilmen Bitter, Pregler, Thoms. Nays-None. Absent-Mayor Moldenhauer. ORDINANCE NO. 38-72 An Ordinance Amending Ordi. nance No. 3-34 known as the Zoning Map end Zoning Ordi- nance of the City of Dubuque, Iowa, by amending Article IV, Section 2 (h) thereof to Include certain described reel estote in which professional offices or stu. dios of a physician, dentist, ar. chitect, engineer, lawyer, reel. tor, insurance, musician, or simi. ler profeseions mey be permit- ted, (Lot 14 Block 2 of Westside Manor Sub.) presented end reed. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the foIlowing vote: Yeas - Presiding Officer Pro Tern Justmann, Councilmen Bitter, Pregler, Thoma. Nays-None. Absent-Mayor Moldenhauer. Councilman Bitter moved that the rule requiring an Ordinance to 279 I be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the fallowing vote: Yeas - Presiding Officer Pro Tern Justmann, Councilmen Bitter, Pregler, Thoms. Absent-Mayor Moldenhauer. Councilman Bitter moved that a public hearing be beld on, the Ordinance on July 10, 1972, at 7:30 P.M. Daylight Saving Time in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required hy law, Seconded by Councilman Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tern Justmann, Councilmen Bitter, Pregler, Thoma. Nays-None. Absent-Mayor Moldenhauer. Petition of Sisters of St. Fran- cis of Dubuque County and Ml Calvary Cemetery Ass'n, request- ing vacation of a public street abutting their properties, the area is platted as a street since 1892, but actually does not exist as a street, presented and read. Coun- ciIman Pregler moved that the pe- tition be referred to the Planning & Zoning Commission. Seconded by Councilman Bitter, Carried by the foIlowing vote: Yeas - Presiding Officer Pro Tern Justmann, Councilmen Bitter, Pregler, Thoms. Nays-None. Absent-Mayor Moldenhauer. Petition of Cornerstone request- ing permission to solicit funds from door to door, on July 11, 1972, to supplement a grant given approval by the local Crime Com- mission, presented and read. Coun- cilman Pregler moved that the pe- tition be granted and referred to the City Manager. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Presiding Officer Pro Tern Justmann, Councilmen Bitter, Pregler, Thoms, Nays-None. Absent-Mayor Moldenhauer. Petition of Beeeher '" Co. re- questing a refund of $50 on the unexpired portion of Class B Beer Permit No. 95, applied for a Clasa 280 Special Session, June 19, 1972 C permit, presented and read. I Although the one week delay Councilman Pregler moved that granted by the Council on Man- the refund be granted and the day, June 12th, relative to the pro- Auditor be instructed to issue posed action on the revocation of proper warrant. Seconded by Pre- the taxicab operator's permits, did siding Officer Pro Tern Justmann. not produce the desired result of Carried by the foIlowing vote: effecting a sale of the cab compa- Yeas - Presiding Officer Pro ny, it did enable all concerned to Tern Justmann, Councilmen Bitter, make every effort to reach an Pregler, Thoms. agreement. Nays-None. We wish to further advise the Absent-Mayor Moldenhauer. Council that all negotiations in an Petition of Marco Giunta re- effort. to provide cab service to questing a refund of $125 on the the CIty of Dubuque have. been unexpired portion of Liquor Li- conducted m utmost good faith. cense No. C-4520, applying for a Therefore, we request that °';lr combination license, presented prevIOus letter to the Cou~cil, m and read. Councilman Pregler which we agreed to relmqUlsh the moved that the refund be granted taxicab operator's permit hereto- and the Auditor instructed to is- fore granted to us, be reinstated sue proper warrant. Seconded by and we wiIl have no objection to Presiding Officer Pro Tern Just- the revocation of those permits mann. Carried by the following without further notice to us, vote: RespectfuIly submitted, Yeas - Presiding Officer Pro Black & White, Yellow Tern Justmann, Councilmen Bitter, & Checker Cab Co. Pregler, Thoms. By Joseph J. Even, Nays-None. President Absent-Mayor Moldenhauer. Presiding Officer Pro Tern Just- mann moved that the rules be sus- pended in order to let anyone present address the Council if they so desire more particularly on the taxicab situation. Seconded by Councilman Pregler. Carried by the foIlowing vote: Yeas - Presiding Officer Pro Tern Justmann, Councilmen Bitter, Pregler, Thoms. Nays-None. Absent-Mayor Moldenhauer. Attorney Bertsch addressed the Council, in behalf of Mr. Joseph Even, of Black & White Cab Co. by presenting the following com- munication. June 19, 1972 Honorable Mayor and Members of the City Council City Hall Dubuque, Iowa 52001 Gentlemen: We wish to take this opportun- ity to formaIly advise the Council that, notwithstanding lengthy ne- gotians this past week, an unex- pected development occurred late in the week, as a result of which negotiations for the sale of the cab company were terminated upon mutual agreement of both parties. Councilman Pregier moved that the communication be received and made a matter of record. Sec- onded by Councilman Bitter. Car- ried by the folJowing vote: Yeas - Presiding Officer Pro Tern Justmann, Councilmen Bitter, Pregler, Thoms. Nays-None. Absent-Mayor Moldenhauer. RESOLUTION NO. 162-72 WHEREAS, Black and White, Yellow Checker Cab Co., and Vet- eran Radio Cab Co., have been granted permits to operate taxi- cabs in the City of Dubuque, Iowa; and WHEREAS, said permittees have failed, refused and neglected to operate taxicabs in the City of Dubuque since the issuance of said permits on the 31st day of March, 1972; and WHEREAS, public necessity and convenience requires as does the public safety, health and welfare that taxicabs operate in the City of Dubuque, Iowa; and WHEREAS, the City Council de- termines and finds that said per- mittees in fact have abandoned such permits and rights thereun- der to operate taxicabs in the City of Dubuque. Special Session, June 19, 1972 -~ NOW THEREFORE BE IT RE- hy the name of WilIiam & Jeanette SOLVED by the City Council of Luerkens of .960-2Oth Street .of th City of Dubuque, Iowa: Marion, Iowa mte~ested m acqUlr- e ing cab permIts m the City. His Section 1, That an emergency client has requested that the fran- exists by reason of no taxicab ser- ch'se he granted on an exclusive vice in the City of Dubu~ue. ba~s and the 50! flag drop be Section 2, That the taxicab ~r' amended to read 60!. They could mits issued to the Black & White be operational within 30 days with and Yellow Checker Cab Co. Li- at least eight cabs in operation. cense #109, Plate #1, and Veteran They do not contemplate a sale Radio Cab Co. License #110, Plate from Mr. Even. Mr. Robert Zabioa,- #2, to operate taxicabs in the CIty former operator of the Diamond of Dubuque, Iowa, on the 31st day Cab Co., stated that he has a po.. of March, 1972, be and the same sible purchaser of his permit are hereby revoked, canceIled and which would operate from eight to held for naught for the reason ten cabs. Negotiations are in prog- that the permittee has abandoned ress at the present time with Mr. said permits and rights thereunder Dennis Manahl. Mr. Owen Riley of secured to operate taxicabs in the Local 421, stated that the cab City of Dubuque, Iowa, and the m- drivers met with Mr. Even and habitants of the City of Dubu'1ue he has made them a proposition have been without taxicab servICe to sell all equipment, cars, radios for some four months. and meters. Section 3, That the City Clerk Councilman Bitter moved the shall mail a certified copy hereof cab situation be referred to the to each of said permittees within Council meeting scheduled for two days of adopting ~he passage Thursday, June 22, 1972 and to the hereof, and the pe,:"nllttees ~~alJ City Manager and City Attorney have five days in ~hICh t? petItIon for proper proceedings. Se~onded the City CouncIl m wntmg for a by Councilman Pregler. CarrIed by public hearing hereon. the following vote: Section 4. That the City Clerk be Yeas - Presiding Officer Pro and he is hereby directed to pub- Tern Justmann, Councilmen Bitter, lish notice to all interested per- Pregler, Thoms. sons to make application for taxi- Nays-None, cab permit to operate taxicabs in Ahsent-Mayor Moldenhauer. the City of Dubuque, Iowa. Councilman Bitter further Passed, approved and adopted moved that the City Council go on this 19th day of June, 1972. record as favoring the restoring C. Robert Justmann to the citizens of Dubuque taxi- Presiding Officer cab service at the earliest possible Pro Tern time and that we further request Walter A. Pregler all 'aspiring permit holders to Allan T. Thoms come forth with application reo Joseph J, Bitter quests. Seconded by Presiding Of- Councilmen ficer Pro Tern Justmann. Carried Attest: by the following vote: Leo F. Frommelt Yeas - Presiding Officer Pro City Clerk Tern Justmann, Councilmen Bitter, Councilman Bitter moved adop- Pr~gler, ~homs. tion of the res.olution. Seconded by A~;;:;;;-~:~or Moldenhauer. Presiding Officer Pro Tern Just. mann. Carried by the foIlowmg RESOLUTION NO. 185-72 vote: . " WHEREAS, the City Council in Yeas - Presiding. OffICer. Pro Resolution No. 104-72 dated April Tern Justmann, CouncIlmen BItter, 13, 1972, reaffirmed its authoriza- Pregler, Thoms. tion for the City of Dubuque to Nays-None. I participate in the planning and Absent-Mayor Moldenhauer. programming of the Iowa Crime Attorney Tim White, of Cedar Commission t~rough the I?ubuque Rapids, Iowa, addressed the C~un- Co~nty CommissIOn on Cnme and cil by stating that he had a clIent DelInquency, and 282 Special Session, June 19, 1972 WHEREAS, the Iowa Crime Commission has required that the representatives of the City of Du- buque on the Dubuque County Commission on Crime and Delin- quencybe appointed by resolution of tbe City Council, and WHEREAS, tbe City of Du- buque is desirous of remaining eli- gible for federal anti..,rime funda, and WHEREAS, the several repre- sentatives of tbe City of Dubuque on the Dubuque County Commis- sion on Crime and Delinquency have requested reappointment to the Commission. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Inwa that the below listed individuals are I hereby appointed as the city's of- ficial representatives to the Du- buque County Commission on Crime and Delinquency: NAME: TERM: Ronald F. Banmbover, June 30, 1975 Kent C. Corson, June 30, 1974 Donald W. Freymann, June 30, 1973 Mary C. Juergens, June 30, 1974 Jean Kilby, June 30, 1975 Percy Lucas, June 30, 1974 Kathleen Masterpole, June 30, 1973 Wayne A. Moldenhauer, June 30, 1973 Robert J. O'Brien, June 30, 1975 Thomas G. Schrup, June 30, 1975 Joseph S. Vicidomini, June 30, 1973 Gretchen Walsh, June 30, 1974 Passed, approved and adopted this 19th day of 1972- C, Robert Justmann Presiding Officer Pro Tern Walter A. Pregler AIlan T. Thoms Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution with instructions to refer same to the Ass't City Manager and Mayor as to longevity of term, and if they are second terms. Seconded by Councilman Bitter. Carried by the foIlowing vote: Yeas - Presiding Officer Pro Tern Justroann, Councilmen Bitter, Pregler, Thoms. Nays-None. Absent-Mayor Moldenhauer. Communication of City Auditor Heitzman submitting a fiscal year resolution, along with staff com- ments on S.F. 1125, presented and read. Councilman Pregler moved that the communication be re- ceived and filed. Seconded by Councilman Thoms. Carried by tbe following vote: Yeas - Presiding Officer Pro Tern Justmann, Councilmen Bitter, Pregler, Thoms, Nays-None. Absent-Mayor Moldenhauer. RESOLUTION NO. 186-72 Concerning Fiscal Year WHEREAS, Senate File No. 1125 (Fiscal Year Bill) initiated by the State Comptroller, enacted by the Second Sesaion of the Sixty-fourth General Assembly, and signed by the Governor of the State of Iowa violates the spirit and intention of the Home Rule amendment to the Constitution of the State of Iowa; violates the accepted ac- counting principles applicable to the affected governmental subdi- visions as promulgated by the Na- tional Committee on Governmen- tal Accounting and the American Institute of Certified Public Ac- countants; and is not in the best interests of the urban citizens of the State of 10wa; and WHEREAS, the primary prob- lem of school funding intended to be solved by enactment of said biIl wiIl very probably be solved by the United States Supreme Court in its consideration of an ap- peal by the State of Texas of the decision of a special panel of three Federal Judges in the case of Rod- riguez vs. San Antonio Independ- ent School District which decision declared that f"mancing public schools by local property taxes is uncolIBtitutional because it vio- lates the Fourteenth Amendment's guarantee of equal protection of the laws in that it makes educa- tional expenditures a function of local w e a 1 t h, discriminating against children in poorer com- munities; and Special Session, June 19, 1972 283 WHEREAs, the secondary prob- Allan T. Thoms lorn of achieving uniformity of Joseph J. BItter fiscal years for all levels of gov- Attest: ernment intended to be attained Leo F. Frommelt by enactment of the biIl is not City Clerk presentlJ;' a desirable nor. nece~ Councilman Pregler moved sary achIevement for effective uti- adoption of the resolution, Second. lization of governmental financial ed by Councilman Thoms, Carried information and if the need for by the following vote: such information should become a Yeas - Presiding Officer Pro reality at some future, date the Tern Justmann, Councilmen Bitter, need could more effectIvely and Pregler Thoms. efficiently be met by the filing of NaY"':"None. special reports such as those now Absent-Mayor Moldenhauer prepared for the Iowa State High- . way Commission for Road Use Tax June 16, 1972 purposes and the United States To the Honorable Mayor Department of Commerce for the and City CouncIJ Bureau of the Census: and The constrnction of CITY OF WHEREAs, the enacted Fiscal ~~~ ~"!: ~ Year Bill Provid~s. no bene~its. for MALL and work incidental there- the affected political subdiVISIOns to in and for the City of Dubuque, of the State o~ Iowa and actua!lY Iowa has been completed in ac- ~oul~ be detnmental. to the admin- cordance with plans, specitications l~t:ation and ?peration of Io~a and the contract by and between cIties 1R that. It would result. 1R Westpbal Electric Company of Du- thell' accounting for street un- buque, Iowa and the City of Du- provement programs, storm and buque 10- sanitary sewer construction, water ' Sincerely main. construction, sideW:alk. con- Gilbert D: Chavenene strnction p~grams, traffic sIgnal City Manager projects, m3ll1tenance and recrea- . tional programs to he divided into Councilman. B~tter moved ~at two different reporting periods, re- the c.ommumcation be receIved sulting in confusion and inefficien- and filed. Seconded by Council- cy which the recommended plan- man Pregler. Carried by the fol- ning - programming. budgeting sys. lowing vote:. . tem of budget preparation and re- Yeas - Presiding. OffIcer, Pro POrting was planned to overcome. Tern Justroann, Councilmen Bitter, NOW THEREFORE, BE IT RE- Pregler, Tboms. SOLVED BY THE CITY COUN- Nays--None. CIL OF DUBUQUE, IOWA that: Absent-Mayor Moldenhauer. It opposes the change to the Fis- FINAL ESTIMATE cal Year, as set forth by Senate RESOLUTION NO. 187.72 File No. 1125; as not being in the. WHEREAs, the con~ct for the best interest of local municipal Clty,of Dubuque, Civil Defense government, and therefore peti. WarRIng Siren, Kennedy ~ ha.& lions for its repeal by the First been completed. and ~e ~lty ~ Session of the Sixty.fifth General neer has submItted bia final esti. Assembly of the State of Iowa mate showing the coat thereof in- . s . a cluding the coat of estimates, no. And . that cople of the ab ve tices, inspection, and ¡preparing resolutIon be f?rwarded to the the assessment and plat, now local State LegIslators, to local therefore candidates for the General Assem- BE IT'RESOLVED, by the City bly, to the State ComptrolIer and Council of the City of Dubuque, to the Governor of the State of That the coat of aaid improve- Iowa. ment is hereby determined to be Passed, adopted and approved $4,192.90. this 19th day of June, 1972. That None of the cost thereof C. Robert Justmann shalI be assessable upon private Presiding Officer Pro property and $4,192.00 shall be Tern paid from the PublIc Safety Fund Walter A. Pregler of the City of Dubuque. 284 Special Session, June 19, 1972 Passed, adopted and approved' Councilman Bitter moved adop. this 19th day of June, 1972. tion of the resolution. Seconded by C. Robert Justmann Councilman Pregler. carried by Presiding Officer Pro the foIlowing vote: Tern Yeas - Presiding Officer Pro Walter A. Pregler Tern Justmann, Councilmen Bitter, AIlan T. Thoms Pregler, Thoms. Joseph J, Bitter Nays-None. Councilmen Absent-Mayor Moldenhauer. Attest: RESOLUTION NO. 189.72 Le~i~ ~:.melt Preliminary approval of plans, specifications, form of contract, Councilman Bitter moved adop- and all other documents for the tion of the resolution. Seconded by construction of 1972 Traffic Signal Councilman Pregler. Carried by Project, Asbury Road and Carter the foIlowing vote: Road, John F. Kennedy Road and Yeas - Presiding Officer Pro Pennsylvania Avenue, in an esti- Tern Justmann, Councilmen Bitter, mated amount of $29,191.20, pre- Pregler, Thoms, ., sented and read. Nays-None. Councilman Bitter moved adop- Absent-Mayor Moldenhauer. tion of the resolution. Seconded A Resolution Accepting 1m. ~:e C~~~~~'::' ~fer. Carried by provement. Yeas - Presiding Officer Pro RESOLUTION NO. 188-72 Tern Justmann Councilmen Bitter WHEREAS, the contract for the Pregler, Thorn;. ' CitY of Dubuque, Civil Defense Nays-None. Warning Siren, Kennedy MaIl has Absent-Mayor Moldenhauer. been completed and the City Man- , ager has examined the work and (NecesSIty for Improvement) filed his certificate stating that RESOLUTION NO. 190-72 the same has been completed ac- WHEREAS, proposed plans, cording to the terms of the con- specifications, form of contract tract, plans and specifications and' have been duly prepared and ap- recommends its acceptance, now proved by the City Council of the therefore, City of Dubuque and are now on BE IT RESOLVED, by the City file i!, the office of the C~ty Clerk Council of the City of Dubuque, ~~~:~: .among other things the that the recommendation of the g. City Manager be approved and 1. An estm:ate of the cost of that said improvement be and the the proposed ,~provemen~ for the same is hereby accepted. 1972 TraffIc SIgnal project; As- bury Road and Carter Road, John BE IT FURTHER RESOLVED, F. Kennedy Road and pennsyl- that the CIty Treasurer be and he vania Avenue. is hereby directed to pay to the BE IT THEREFORE RESOLVED contracto~ upon the .above de- that the City Council on its own scnbed Improvement m ~mount motion or upon petition of prop- equal to the amo~t of his con- erty owners, deems it advisable tract, less any ret~ned percentage and necessary for the public wel- provIded for therem. fare to make the bereinmentioned Passed, adopted and approved improvement, and uuless property this 19th day of June, 1972. owners at the time of the final C. Robert Justmann consideration of this proposed res- Presiding Officer Pro olution have on file with the City Tern Clerk objections to the amount of Walter A. Pregler the cost of improvement, they Allan T. Thoms shall be deemed to have waived Joseph J. Bitter all objections thereto. Councilmen Said improvement shall be con- Attest: structed and done in accordance Leo F. Frommelt with the plans and specifications City Clerk which have been prepared there- Special Session, June 19, 1972 fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Street and Traffic Ughting Fund and the Road Use Tax Fund. The above resolution was intro- duced, approved, and ordered plac- ed on file with the City Clerk this 19th day of June, 1972. Approved and placed on file for final action. Absent-Mayor Moldenhauer. (Fixing Date of Hearing) RESOLUTION NO. 191-72 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the 1972 Traffic Signal Proj- ect: Asbury Road and Carter Road, John F. Kennedy Road and Penn- sylvania Avenue. BE IT THEREFORE RESOLVED that on the 17th day of July, 1972, a public hearing will be held at 7:30 P.M. in the Council Chamber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the proposed plans and specifications and pro- posed form of contract, to the cost of the improvement and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. Passed, adopted and approved this 19th day of June, 1972. C, Robert Justmann I Presiding Officer Pro Tern Walter A. Pregler Allan T. Thoms Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk ,285 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tern Justmann, Councilmen Bitter, Pregler, Thoms. Nays-None. Absent-Mayor Moldenhauer. (Ordering Construction) RESOLUTION NO. 192-72 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a Resolution of Necessity No, 190-72 which was duly passed by this Council for the 1972 Traffic Signal Project; Asbury Road and Carter Road, John F. Kennedy Road and Penn- sylvania Avenue, be and the same are hereby ordered and construct- ed by this Council upon its own motion and with or without the pC' titian of property owners. All the work shaH be constructed in ac- cordance with the plans and spec- ifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Street and Traffic Ughting Fund and the Road Use Tax Fund. BE IT FURTHER RESOLVED that the City Clerk be and he i¡¡ hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shaH be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 19th day of June, 1972. C. Robert Justmann Presiding Officer Pro Tern Walter A. Pregler AIlan T, Thoms Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution, Seconded by Councilman Pregler. Carried 286 Special Session, June 19, 1972 by the fu1lowing vote: Yeas - Presiding Officer Pro Tem Justmann. Councilmen Bitter, Pregler, Thoms. Nays-None. Absent-Mayor Moldenhauer. Proof of Publication, certified to by the Publisher, of notice of levy of special assessment and inten- tion of the City Council to issue banda to pay for construction of remainder of 1971 Asphalt Paving Project No.1 alao known as 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. presented and ..ad. No written objections were filed and no oral objectors were present at the time set for the public hear- in¡. Councilman Pre g I e r moved that the proof of publication be receIved and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Presiding Officer Pro ',\'em JWltmann, Councilmen Bitter, Pregler, Thoms. Nays-None. Absent-Mayor Moldenhauer. statement of Cit;y Clerk certify- ing that notices of levy were ø.alled to property owners of rec- ord. by certified mail on May 24, 18'72, subject to payment of cost fw constructing 1971 Asphalt Pav- ing Project No.1, being Asbury JI,oad from W.P.L. of Lot 1-1-1 of ,\Ibury Park westerly to the cor- poration limits, presented and ..ad, Councilman Pregler moved that the statement be received ~d ffied. Seconded by Councilman Bitter. Carried by the foIlowing 'fOte: Yeas - Presiding Officer Pro Tern Justmann, Councilmen Bitter, Pregler, Thoms. Nays-None. Absent-Mayor Moldenhauer. statement of John L Splinter, a member of the Engineering De- partment, certifying that notices of levy and assessment were post- ed in the asse..able area of the remainder of 1971 Aspbalt Pav- ing Project being Asbury Road from W.PL. of Lot 1-1-1 of Asbury Park to the westerly Corporation Limits, on June 1, 1972 presented and read. Councilman Pregler moved that the statement be re- ceIved and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Presiding Officer Pro Tern Justmann, Councilmen Bitter, Pregler, Thoms. Nays-None. Absent-Mayor Moldenhauer. RESOLUTION NO. 193-72 RESOLVED hy the City Council of the City of Dubuque, Iowa: That to pay for remainder of City of Dubuque 1971 Asphalt Paving Project being Asbury Road from W,P,L. of Lot 1-1-1 of Asbury Park to the Westerly corporation limits, by Tri-State Paving Co. contrac- tor, in front of and adjoining the same a special tax be and is here- by levied of the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot of parcel of real estate, as set forth in the following schedule: Remainder of the City of Du- buque 1971 Hot Mix-Hot Laid As- phaltic Concrete Paving Project No.1 being Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park to the Westerly Corpora- tion Limits. Construction cost: $37,145.15 $46,290,45 $83,435,60 Engineering Expense: $ 3,714.51 $ 1,889.64 $ 5,604.15 5% Interest/52 days: $ 268.27 $ 266.27 TOTAL COST: $41,127.93' $48,180,09 $89,308.02 'Includes City Cost of Deficiencies ..................$14,399.76 Total City Cost ..............$82,579.85 Schedule of Assessments For Asbury Road from the W.P.L. of Lot 1.1.1 of Asbury Park; West to the Corporetion Limits. Thomas B. Roshek, Lot S.'h Mineral Lot 453 ..................48.96 'Lester Hilby, Lot 1-1-1- E.'h - S.W.V., Sec. 16, T89N R2E ...................... 6,600.00 'Church of the Resurrec- tion, Inc" Lot 1-1-2-E. 'h - S.W.V., Sec- 16, T89N R2E ................,..... 172.50 'Church of the Resurrec- tion, Inc., Lot 1-2-1-1- SW.V. - S.W.¥4, Sec. 16, T89N R2E .............. 2,238,00 $ 266.27 Special Session, June 19, 1972 'Fred and Marie J. Wel- ter, Lot 1-1-1-1-1-S.W.V. S.W.V. Sec. 16, T89N R2E .................................. 2,793.20 Donald J. & Maxine A. Roussel, Lot 1-2-1-S.W. ¥<, S.W.¥< Sec. 16, T69 N R2E ............................ 1,433.77 "Fischer Investment Com- pany, Lot 1-1-2-S.W,¥<- S.W.¥<, Sec. 16, T89N R2E .................................. 180.00 Kenneth L. & Donna J. Smith, Lot 1-1-2-3-S.W. ¥< - S.W.¥4, Sec. 16, T89N R2E """"""""""" 855.81 Kenneth L. & Donna J. Smith Lot S.24'-2-2-3- S.W.\<\ - S.W.¥<, Sec. 16, T89N R2E ................ 66.38 I Kenneth L. & Donna J. Smith, Lot N. 66'-2-2- 3-S.W.¥< - S.W.V., Sec. 16, T89N R2E """"""" 64.58 'Borton T. & Eunice Lew- is, Lot 1-1-1-3-S.W.¥4- S.W.¥<, Sec. 16, T89N R2E .................................. 510.00 Anthony C. & Louis H. Pfohl, Trustees under the wilI of Margaret pfohl, Lot 1-N.W.¥4 - N.W.¥4, Sec. 21 T69N R2E .................................. 5,817.50 'Anthony C. & Louis H. pfohl, Trustees under the will of Margaret pfohl. Lot 1-1-N.E,¥4- N.W.¥<, Sec. 21 T89N R2E .................................. 5,840.00 'Anthony C. & Louis H. Pfohl, Trustees under the will of Margaret Pfohl Lot 2-N.E.V.-N.W. ¥<, Sec. 21 T89N R2E.... 101,25 Thomas B. Roshek, Lot 2- 1-W.'h-N.E.¥4, Sec. 21 T89N R2E 6.22 26,728.17 'Deficiencies Paid by City Lester Hilby, Lot 1-1-1- E.'h - S.W.V., Sec. 16, T89N R2E """"""""""" 2,684.96 Church of the Resurrec- tion, Inc., Lot 1-1-2-E.'h- S.W.¥<, Sec. 16, T89N R2E .................................. 82.78 Fischer Investment Com- pany, Lot 1-1-2-S,W,¥4- S.W.¥<, Sec. 16, T89N R2E ............... 69.23 287 Burton T. & Eunice Lew- is, Lot 1-1-1-3-S.W.¥4- S.W.¥<, Sec. 16, T89N R2E .................................. Anthony C, & Louis H. Pfohl, Trustees under the wiIl of Margaret pfohl, Lot 1-N.W,V.- N.W.¥<, Sec. 21 T89N R2E .................................. 4,394.39 Anthony C. & Louis H. Pfohl, Trustees under the IwiIl of Margaret Pfohl Lot 1-1-N.E.¥<- N.W.ii., Sec. 21 T69N R2E .................................. 4,348.72 Anthony C. & Louis H. Pfohl, Trustees under the will of Margaret Pfohl, Lot 2-N.E.V.-N. W,V" Sec. 21 T89N R2E .................................. 524.83 Church of the Resurrec- tion, Inc., Lot 1-2-1-1- S.W.V. - S.W.V. Sec. 16, T89N R2E """""""" 1,007.84 Fred and Marie J. Wel- ter, Lot 1-1-1-1-1-S.W.¥< S,W, ¥< & Sec. 16, T89N R2E .......... . 1,245.58 41,127.93 21.63 AIl of which is assessed in proportion to the special benefits conferred, 2,795 Cu.yds. Excavation (Unclassified) @ 1.50 4,192.50 12.1 Tons Sand Coat @ 7,50 ................................ 90.75 1,455 Tons Asphaltic Binder Course @ 13.00 18,915.00 982.5 Tons Asphaltic Surface Course @ 13.00 .............................. 12,772.50 2,950 Gals, Prime Coat MC-70 @ ,30 .............. 885.00 165 Lin.ft. Asphalt Saw- ing @ .50 """""""""" 82.50 12,739 Tons %" Stabil- ized RolIed Stone Base @ 3.65 ........................ 46,497.35 Total Construction Cost 83,435.60 City Share ...................... 46,290.45 Assessable Share ............ 37,145.15 10% Engineering Exp..... 3,714.51 5% Interest/52 days .... 268,27 Total Assessable ............ 41,127.93 82.50 288 Special Session, June 19, 1972 Passed, adopted and approved this 19th day of June 1972. C. Robert Justmann Presiding OffICer Pro Tern Walter A. Pregler Allan T. Thoms Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved ado,p- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Presiding Officer Pro Tern Justmann, Councilmen Bitter, Pregler, Thoms. Nays-None. Absent-Mayor Moldenhauer, Proof <>f Publication, certified to by the Publisher, of Official Not- ice of public hearing to authorize the issuance of street lmprove- ment bonds to pay for the remain- der of City of Dubuque 1971 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No.1, Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park to the Westerly Corp- oration limits, presented and read. Councilman Pregler moved that the proof of publication be receiv- ed and filed. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas - Presiding Officer Pro Tern Justmann, Councilmen Bit- ter, Pregler, Thoms. Nays-None. A!bsent-Mayor Moldenhauer. RESOLUTION NO. 194-72 Resolution Providing for the I... suance of Street Il11I'rovoment Bonds for the purpose of provid. ing for the peyment of the a... sessed cost of City of Dubuque 1971 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1. (Also known as: City of Dubu. que 1971 Asphelt Paving Proj. ect No.1.) Whereas the contract heretofore entered into by the City of Dubu- que, Iowa, for the improvements hereinllifter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has detennined that $26,728.17 DoIlars of the cost thereof shaIl be assessed against the properly subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention <>f the City Council to is- sue bonds for the purpose of pro- viding for the payment of tbe assessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made therto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the ,City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of City of Dubuque 1971 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No.1, Asbury Road from the W.P. L. of Lot 1-1-1 of Asbury Park to the Westerly Corporation Limits, There shall be issued street im- provement bonds in the amount of $20,000.00 DoIlars in anticipation of the deferred payment of assess- ments levied for such improve- ment. 2. Such bonds shaIl be called street improvement bonds; and shall bear the date of July 20, 1972; and shaH be numbered con- secutively; and they shaIl be nnm- bered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: Ser. Bond Denoon- Matur- ias No. No. ination Ity 1 1- 4 $500,00 Aipril 1, 1972 2 5- 8 $500-00 April 1, 1973 3 9-12 $500.00 April 1, 1974 4 13-16 $500.00 April 1, 1975 5 17-20 $500.00 April 1,. 1976 6 21-24 $500.00 April 1, 1977 7 25-28 $500.00 April 1, 1978 8 29-<12 $500.00 April 1, 1979 9 33-36 $500.00 April 1, 1980 10 37-40 $500.00 Aipril 1, 1981 3. Said bonds shall bear interest at the rate <>f 6 per cent per an. num, payable annually in accord- ance with coupons tbereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds, 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated herein at the option nf the City of Special Session, June 19, 1972 289 Dubuque and shall be in sub- IN TESTIMONY WHEREOF the stantialIy the foUowing form: City of Dubuque by its Council has caused this bond to be signed CITY OF DUBUQUE by its Mayor and countersigned by Stre.et Improvemen~ Bond its City Clerk and the Seal of The CIty of Dubuque ill the State said City to be thereto affixed ~w':,,~~t~':J t~t't.:" ~':.';:; this 19th day of June, 1972. heteot, the sum of five hundred ~~~ :;t:ix ~:"c":~t :~':~u~~ I """"""""M;Ÿ~;'.'" ................ payable annuaUy, on the presenta- tion and surrender of the interest .'.""'."'.""""""".'................ coupons hereto attached, Both City Clerk principal and interest of this bond (Form of Coupon) are payable at the office of the City Treasurer in the City of Du- On the ............ day of ,................., buque, in the State of Iowa, This the City of Dubuque, Iowa, prom- bond is issued by the City of Du- ises to pay to the bearer, as pro- buque under and by virtue of vided in said bond, the sum of Chapter 396 of the 1954 Code of ........................ Dollars, in the office Iowa, as amended, and the Reso- of the City Treasurer in the City lution of said City duly passed on of Dubuque, being ............ months' the 19th day of June, 1972, being interest due that date on its............ Resolution No, 194-72. Bond No, ............ dated ................. This Rond is one of a series of 40 bonds, aU for $500.00 numbered ,........................................................... from all of like tenor and dste, Kayar and issued for the purpoae of providing for the deferred pay- ............................,............................... ment of assessments levied for the City Clerk City of Dubuq.ue 1971 Hot Mix-Hot 6. That the Mayor and City Clerk Lai~ AsphaltIC Concrete PaVIng be and they are hereby instructed Project No.1, Asbury Road from to cause said bonds to be prepared the W.P.L. of Lot 1-1-1 of Asb~ry and when so prepared to execute P~r~ to the Westerly Corporabon said bonds and that the City Clerk Lill11ts. be and he is hereby instructed to As described in said Resolution, register said bonds in a book kept in said City which cost is pay- for that purpose and to then de- able by the ;butting and adjacent liver them to the City Treasurer. property along said improvements 7. That the City Treasurer is and is made by law a lien on all hereby instructed to sell said of said property. It is payable on- bonds in the manner provided by ly out of the Special Assessment law, the proceeds of said sale to Fund 1291 created by the collec- be placed in a special fund to be tion of said special tax, and said known as Special Assessment fund can be nsed for no other Fund 1291 and paid out by him to purpose. pay the cost of said contract. It is hereby certified and re- 8, That the interest coupons at- cited that all the acts, conditions tached to the bonds be signed with and things required to be done, the facsimile sign~ture of ~e May- precedent to and in issuing this 0.'. and. countel'Slgned ~th fac- series of bonds, have been done, SIII111e sIgnature of the CIty Clerk. ular and due form as required by 9.. That as fast as funds aUow, ' . begInnIng wIth the second year happened and performed, In reg- after payment of interest due, law and said Resolution, and for these bonds shan be caned and the assessment collection and pay- retired in the same order as nnro- ent hereon ¿f said special tax I bered. The notice of elec,tion to m . . . ' caIl these bonds shall be gIven by the full faIth and dIlIgence of regular United States Mail ad- said City of Dubuque are hereby dressed to the last known address irrevocably pledged. of the purchaser. Robert Beidler, 1122 Dodge Street Dan Bauer, 351 Dodge Street William Coveney, 555 Kennedy MaIl James E. Coates, New City Harbor Eagles Club, 1175 Century Drive George Fotos, 2600 Dodge Plaza 20 Denny Ferch, 1646 Asbury Street Carl Friederick, 1281 Dodge Street Cyril J, Fries, 201 East 22nd Street Harry Gantert, 1301 Rhomberg Ave H<Iliday Inn Motel, 1111 Dodge Street Jam... & RObert Klauer, 16M! As- bury Street K-Mart, 2600 Dodge, Plaza 20 Knights of Columbus, 781 Locust Street Duane Koeller, 1701 Aobury - Thelma Lenstra, 410 West 8th St. Herman J. Meyers, 2600 Dodge Street Chades R. Nesteòy, 3200 Central Avenue Betty Patrum, 555 Kennedy Mall Rosbek'o Dept. Store, 555 Kennedy MaD. Richard J. RIng, 115 West 11th Street Shike-Richa<dson, Inc., 1475 J. F. Kennedy Road George Sorenson, 1105 University Avenue Sears Roebuck & Company, 300 S. Locust Street Don al d Sand, 2364 Washington Street John Siefker, 1081 University Ave- nue Francis Shannahan, 25Ol Rhom- berg Avenue Mr. Steak, 2660 Dodge Street Trausch Baking Company, 25 Main Jerry 1. Udelhoven, 1897 Clarke Drive John C. Andresen, 555 Kennedy Mall Thomas Andresen, 1080 University Avenue George K. Arvanitis, 1958 Central Avenue Lester & Marie Eichhorn, 1725 Delhi Ralph Grabow, 1050 University Avenue John J. Glynn, 11m University Ave- nue Dorc/Jhy R. Hentges, 2412 Central Avenue Albert Heinz, 3001 Pennsywania Avenue Ernest J. Kretz, :nst & Central Avenue 290 Special Session, June 19, 1972 Passed, adopted and appproved this 19th day of June, 1972. C. Robert Justmann Presiding Officer Pro Tern Walter A. Pregler Allan T. Thoms Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the foIlowing vote: Yeas - Presiding Officer Pro Tern Justroann, Councilmen Bitter, Pregler, Thoms. Nays-None. Absent-Mayor Moldenbauer. RESOLUTION NO. 195.72 BE IT RESOLVED by tbe City Council of the City of Dubuque, Iowa, that the following having complied with tbe provisions of law relating to the sale of Ciga- rettes and Cigarette Papers within said City. A.Y. McDonald Mfg. Co., 12th & Pine Street Robert 1. Becker, 2418 Central Avenue Barkalow Bras" 200 Main Street Mary Kathryn Ford, 1207 Rhom- berg Avenue Frank & John George, 1481 Dodge Street John F. Glynn, 760 East 16th Street Grandview Avenue Drug Store, 498 N. Grandview Avenue George R. Hunt, 229 Ave. Town Clock Plaza Theodore G. Kanavas 1689 Elm Street Donald Kies, 2620 University Ave- nue Merchants Hotel, 304 Main Street Raymond Ney, 2186 Central Ave- nue Osco Drug, Inc., 703 Main Street Palmer Drug, 2600 Dodge Plaza 20 Mathias A. Schneller, 2372 Cen- tral Avenue Patricia Ann Sutton, 2650 Burling- ton Street Allen E. Tressel, 2528, Central Avenue Walgreen Drug Stores, 555 Ken- nedy MaIl Eileen Wunder, 1046 Central Ave- nue Special Session, June 19, 1972 291 Leonard Oil Company, 1387 Dodge BE IT RESOLVED by the City Street Council of the City of Dnbuque, Melvin A. Spiegelhailter, 1009". Iowa, tha,t the following appIica- Main Street tions be granted and licenses is. Earl E. Schumacher, 2204 Contrail sued upon the compIia~ with the Avenue terms of the ordinances of tAe Thompsoo's Food Markets, Inc., City. 3003 Asbury Street CLASS "B" BEER PERM'T Thompson's Food Markets, Inc., Theodore G. Kanavas, 1689 ~m 2119 Rhomberg Avenue Street ~~m~~'s ~oodSt:::fkets, Inc., CLASS "c" BEER PERMIT Thompson's Food Markets, Inc., R'1'::UI~" Becker, 2418 Central 805 W~ 5th Street Mary Anice Miller, Riverpark City Thompson 0 Food Markets, Inc., Island 1256 Iowa Street Thompson's Food Markets, Inc., Passed, adopted and approved 250 West 1st Street this 19th day of June, 1972. Holiday Oil Disk, Inc., 980 Dodge C. R(lbert Justmann Street Presiding Officer Holiday Oil Diotr., Inc., 605 Dodge Pro Tern Street Wailter A, PreglC\' Holiday Oil Distr., Inc., 400 Rhom- Allan T, Tho~s berg Av<mue Joseph J" BItter. Holiday Oil Disk, Inc., 1401 Cen- Councijrnen tral Avenue Attest:. Holiday Oil Distr., Inc., Kennedy Leo F. Fron1ineit Pennsylvania Avenue City Oletlr, . Shirley Mihalakis, 574 East 16th Councilmen Pregler moved adop. Street .' tion of the resolution. S"COn(Ied M~ee~mma Scherer, 1175 Iowa by CouooiI.man Bitter. Carried. by the foIlowmg vote : . BE IT FURTHER ~LVED Yeas - Presiding Officer Pro that the bonds filed WIth the ap- Tern Justmann, CollOCilinen Bit- plication be approved, ter, Pregler, Thoms. Passed, adopted and approved Nays-None, this 19th day of June, 1972. Absent-Mayor Moldenhauer c,.p::u=..n: Pro RESOLUTION NO. 197.72 Tern WHEiRiEAs, applications fur Beer Walter A. Pregler permits wern filed by the within Allan T. Thoms named applicants and they have Joseph J. Bitter received the a,pproval of this Coun- Councilmen cil, and WHEREI'\S, the premises to be occupied by SUM 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 1'IIE CITY COUNOIL of the City of Dubuque, Iowa, that the Manager be authorized to cause to be iosued to the foIlowing named applicants a Beer Permit. CLASS "B" BEER LICENSE Theodore G. Kanavas, 1689 Elm Street CLASS "c" BEER PERMIT Robert L. Becker, 2418 Central Avenue Mary Anice Miller, River Park City 161and Attest: Leo F. Frommelt City Clerk Cowreihnen Pregler moved adop- tion of the r..olution. Secbnded by Councilman Bitter. Carried by the following vote: Yea:>---Prosiding Officer Pro Tern JUBtmann, Councilmen Bit t e r, Pregler, Thoms. Na)'s-None. Absent-M.ayor MoldeRihauer. RESOLUTION NO. 196-72 WHERÆJAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE, 292 Special Session, June 19, 1972 RE l1I' FlU'RTHER mœoLVED that 1i\Ie bondø med by suCh ap- p1icaJltS be and the same are bere- by apprcrv<od, P_ed, IId<Jpted and approved Ihis 19IiI day Gl JIIDC, 1972. C. Robert Justmann Presidlag QlØ.cer Pro Tem Wa[ter A, Pregler Allan T. Thoms Joseph J. Bitter Coundlmen Attest: Leo F. Frommelt Oity Clerk Councilman Pregler møved adop- tion Gl die resolution. Seconded by CGuDCilman Bitter. Carried by the toIt<>wiDI! vote: Yea. - 'P\'e8idI:tJg Officer Pro Tern JUllttnann, OoIøIOIImen Bitter, Pregler, 'l1Ioms. NaY" - None. AbIent - Ma,...- MoJdeohauer. RESOLUTION NO. 198.72 WHEREAS, IIIPpliCWoBl for Li. quor licenses have been submitted to tis Co11DCÖI for apprøval and die same haw been examined; NOW THEREFORE BE IT RE- SQLVÐD by the CIty (Jouncii of the City of Dutluque, Iowa, that the foJ1owing a¡JI>Iications" be granlJed and _eo isøUed upon the dOII1pliance widi the terms of the IOWA LIQUOR CONTROL ACr - CJbapter 1JI1 - as amended by the 6I<di G<!Ðeral Assembly, :11171. CLASS "e" (COMMERCIAL) BEER & LIQUOR LICENSE Michael F. Puaateri, 2560 Dodge Street E ile en Wunder, 1016 Central Avenue Donald T. Sand, 2S6I< Wasbington Street Melvin A, Spiegethaher, 101.119'h Main Street Arthur W. p!ns, 36OØ J. F. Kennedy Road PMI8ed, adopted and approved tis 19th day of June, 1972, C, Robert Justman preøiding Qtileer Pro Tem Walter A. I'1'eP« Allan T. Thoms Joseph J, Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pre,gler moved adop- tion of the resolution, Seconded by eounciløœn BMter. Carried by the folll>wing vote: Yeas - Preoidiotl OHicer Pro Tern Justmann, Councilmen Bitter, pregler, Thoms. Nays - None, Absent - Mayor MoJ;denibauer, RESOLUTION NO. 199-72 WHEREAS, applications for Li- quor Licenaes were fided by die within named applicants and they have received the approval of tbis Council; and WHEREJAS, die premises to be _led by such applicaDls were \nspe<:t<!d and found to comply with the State Law and all City ordm- ances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by die City Council of Dubuque, Iowa that the Manager be authOrized to cause to be issued to the following named applicants a Liquor license, CLASS "c" (COMMERCIAL) BEER & LIQUOR LICENSE Michael F, Puaateri, 2500 Dodge Street Eileen Wunder, 1016 Central Avenue Donalt T. Sand, 2364 Wa.mngton street Me I v i n A, Spiege!l1dter,lO1.119'h Main Street ~W.~,36OØJ.F.Kenn~ Road Passed, adl>pted and approved this 19th day of June, 197~, C. Rebert Justmann Presiding ()ffiœr Pro œern Walter A. Pregler Allan T. Thoms Joseph J, Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the foIlowing V<IOO : Yeas - Presiding Officer Pro Tem Justmann, Councilmen Bitter, P~egier, Thoms. Nayo - None, Absent - Mayor Moldenhauer. Petition of Curtis Herman et a1 (54 signers) Objecting to the nui. sance crealJed in the area of a Special Session, June 19, 1972 Laundromat at 27th & Jackaon Street, presented and read. Me, Curt He~man addressed the Council by stating that the area at 27th & Jackson ;s a hangout for teenagers all hours of the nigbt. The citizens of the area have toler. ated it long enough and, are now praJ'ing for' relief. Couooilman Pregler moved that the petition be referred to the Man- ager for proper proceediniga and report back to the Council. Second-- ed by Councilman Bitter, Cü;ied by ,the following rote: Yeas - Presiding OHicer Pro Tern Justmann, Councilmen Bitter, Pregler, Thoms. Nays - NOne. M>sent - Mayor Moldenhauer. There being no further business Councilman Pregler moved to ad- journ, Seconded by Councilman Bitter. Carried by the following vote: Yeas - Presiding Officer Pro Tern Justman, Councilmen Bitter, Pregler, Thoms. Nays-None. Absent-Mayor Moldenhauer, Leo F. Frommelt City Clerk 293 Approved ............................,.......1972 Adopted .....................................,1972 ............................................................ ...................,........................................ ".".....m......,......,................................. """"""""'c~~;':¡ï;;;:;;;:"""""""'."'" Attest: """""'Citÿ"C¡;;:k:""".""""'." 294 Special Session, June 22, 1972 CITY COUNCil mg. Seconded by Councilman Preg- ler. Carried by the fol!.owing vote: Yeas - Mayor Moldenhauer, Councilmen Justmann, pregler, Thoms, Nay&-N\>ne. -"bsent-Counci1man Bitter. petition of Dubuque County Hos- pital requesting additional aCCess to the Dubuque County Nursing Home, such as an alternate road, presented and read. Councilman pregler moved that the petition be referred to the City Manager, Engineer and City Solicitor for in- vestigation and report. Seconded by Councilman Justmann. Carried by the fi>Nowing vote: Yeas - Mayor Moldeubauer, Councilmen Justmann, Pregler, Thoms. Nays-None. kbsent-Çounci1man Bitter. petition of H.R.W. Associates re- questing rezoning of Block 19, Key KnoIls Sub, to Class "B" Com- mercia!. C1assific-ation, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Com- mission. Seconded by Mayor Mol- denhauer. Carried by the fol!.ow- ing vote: Yeas - Mayor MoMenhauer, Cooncilmen Justmann, Pregler, Thoms. Nays-None. Absent-CounCilman Bitter. OFFICIAL SpeCial Se..ion, June 22, 1972- Council met at 7:30 P.M. (C.D.T.) p...-t - Nleyor Moldenhauer, Councilmen Justmann, pregler. City Nlaneger Gilbert D. Cha- nelle. Absent - councilmen Bit- ter, Thoms at roll cell. Mayor Moldenhauer read -the call. and .tated that service thereof had been duly made and this meetimg is caIled for the PURPOSE OF DIRECTING A COURSE OF AC- TION, pOSSIBLY SETTING A DATE FOR PUBLIC HEARING, TO RECEIVE AND CONSIDER APPLICATIONS FOR TAXICAB PE-RNIITS and acting upon such other buSin"'" as may properlY come before a regular meeting of the Council, June 19, 19'72 To the Honor"ble Mayor and City Council 1 herewith submit the repOrts of the City Treasurer, Water Su- perintendent, City kuditor, Health Department, as well as a list of c1aims for the month of May 1002. RespectfullY, Gilbert D. Cba'lenell.e City Manager Councilman pregler moved that the reports be received and filed. seconded by Mayor Moldenhauer. Carried by the foIlowifig vote: Yeas - Mayor Moldenhauer, counc~en Justmann, Pregler. Nays-None. Absent - Councilmen Bitter, I Thoms. COUNCILMAN THOMS EN- TERED THE COUNCIL CHAM- BER AT 7:35 p.M. petition of William F. Heiden- reich et .1 (10 signatures) object- ing to the odor from the Sewage Vlspus"l Plant, realizing that the I CIty is actively working on the problem, and 1001oing forward to elimination of the problem by De- cember 1002, presented and read, Mayor Mold..nhauer mo'led that the petition be referred to the Man- "ger and Staff and to submit a status report on the Sewage Dis- posal plant at the July 3rt! meet- Notice of Suit of Lou Ann (}<e- gory, a minor, by LeOnard Gre- gOry, her father, in the amount of $15,000 for personal injuries re- ceived by said minor as the resuit of a fan on an ice covered cur\b and gutter, at Grandview & Hale Street on February 2, 1971, pre- sented and read. Councilman Preg- ler moved that the notice of suit be referred to the City Attorney for investigation and report. Se- conded by Mayor Moldenhau..r. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Justmaun, Pregler, Thoms. Nays - None. Absent - CounciJlman Bitter. Noti.ce of Court A<:tion of Dubu- que union Labor Temple Bldg. seeldng an injunction to pre'lent assessment for the co1J.ection of Special Session, June 22, 1972 taxes for the reason that the action in attempting to do so has been illegal; without authority, presented and read. Councilman Pregler moved thæ1: the notice be referred to the City Attorney for investiga- tion and report. Seconded by Ma- yor M'oIdenbauer. Carried by the foIIOWIÎllg vote: Yeas - Mayor Moldenhauer, Councilmen Justmann, Pregler, Thoms. Nays - None. hbsent - Counci1man Bitter. Councilman Pregler mO'Ved that tbe rules be suspended in order the Council if they so desire, Sec- onded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, I Approved ....................................197'2 Councilmen Justmann, Pregler, Thoms. Nays-None. Absent-Councilman Bitter. Mr, -crt Zallina stated that he i. still trying to sell equipment of the e"pired Diamond C"b Co. ho operated sometime ago in the City. Mr. Dennis K. lI'Iana1Jl., whom he identified Monday as an inter- ested buyer, had to withdraw his offer due to business reasons. Councilman Pregler moved that ¡be application submitted by Wil- liam & Jeanette Ú1e~kens for a taxicab Operator's Permit be re- ferred to the _Council meeting sehe- duIiId for July 17th for a public heæring. Second..d by Mayor Mold- enlIauer, Carried hy fo][owing vote: I Attest: Yeas - Mayor Moldenhauer, City Clerk Councilmen Juatmann, Pregler, Thoms. Nay,s - None. A!hsent - Councilman Bitter. At. 8:22 P. M. Councilman Just- manu moved to go into executive ses&on to fix a wage policy in the City for the coming year. Se- conded by Mayor Moldenhauer. Carried by the fofu>wing vote: Yeas - Mayor Moldenhauer, Councilmen Justmann. Pregler, Thoms. Nays - None. Absent - Councilman Bitter. COUNCILMAN BITTER EN. TERED THE COUNCIL CHAM- BER IN EXECUTIVE SESSION AT 9:lã P.M. The Council reconvened in regu- lar .....ion, at 1Jt:34 P.M. witJl> the 295 announcement by the Mayor tha1 the subject matter œs,cUS6ed was \\<8/1!1 and S3Il.ary policy for the- 1973 budget year and the Council gave ins-tructìo1Tl! and guidelines to the Staj¡, There being no further business Councifman Bitter moved to adjourn. Seconded by Councilman Pregler. Carried by the foIlowing vo,e: Yeas - Mayor Moldenlìauer, Counctlmeft Bit t e r, Juotmann, Pregier, Thoms. Nays-None. Leo F. Frommelt City Clerk Adopted ......................................1972 Councilmen Special Session, June 26, 1972 MeWea,1 Associates locating on Mercy Medical Center property, presented and read. Councilman Bitter moved that the communi- cation be received and filed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas - M'ayor MoMenhauer, Councilmen Bit.t e r, Justmann, Pregler, Thoms. Nays-None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second. ed by M,ayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenbauer, Coum:ilmen Bitter, Just mann, Pregler, Thoms. Nay.s - NOlle. The foIlowing named pe...OIlS ad- dressed the COUI>Cij in opposition to the Medical Associa1:e6 building being proposed for construction on the Mercy Hospita'l Center proper- ty; Jane Towner, 1090 Langworthy, Bob Freund, 262 Hill St., Brent Postel, 80 Hill St" BoIbbie Ames, 2f17 Hill St., Bernard O'Connor, 77 HiIl St., Mike Oahill, 55 Hill St., Jane Ward, 2116 Alpine St., Diane HIi.ggius, 264 Hill St., Alfred PaJm- quist, 189 Hill St., Isabel Miller, 68 Hill St., Chris Urel, 68 Hill St., Wm. Thill, 1110 Langworthy Ave. The major objection seemed to be the traffic problem. Mrs. Henkels praised the Council for listening to the people concerned. The foIlowing named persons presented arguments f<>r the new construction proposal; Dr. Ka\1P, Medical Associa1:e6 Realty, Dr. Howell, Medical Associates, Harold Schmidt, Frank Richardson, Ad- minisirator at Mercy, Mike Mey- ers, Attorney for Sisters of Mercy, Attorney Francis O'Connor, repre- senting Medical Associates. Mr. L. G. Shaffert posed the question how many go through the Clinic per day and the answer was a'bout six hundred. Attorney Francis O'Connor stat- ed that a three and one half yea'r study of where the Medical As- sociates showid be reve"ls that 12I:h and Maio is not their site. Best medical care requires them to re- locate. Over 90% of their patients come by automobile and they must provide more ground parking for 296 CITY COUNCIL OFFICIAL Special Session, June 26, 1972. Council met at 7:30 P.M. (D.S.T.) Present - Mayor Moldenhauer, Councilmen Bit t e r, Justmenn, Pregler, Thoms, City Manager Gil- bert D. Chevenel'le. Mayor Moldenbauer read the caIl and stated that serV'1ce thereof had been duly made and this meetiog is caIled for the purpose of CON. DUCTING A PUBLIC HEARING TO CONSIDER REPEAL OF OR. DINANCES NO. 41.71 and 42.71, CHANGING ORDINANCE NO.3. 34, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, and acting UP- on such other business as may properly come before a regular meeting of the Council. Proof of Publication, certified to by tbe Publisher, of notice of pub- lic hearing to repeal Ordinances No. 41-71 and 42-71 changing Or. dinance No. 3-34, known as the Zoning Ordinam:e of the City of Dubuque, Iowa, presented and read. Councilman Bitter moved th"t the proof of public"tion be received and Wed. Seconded by Councilman Pregler. Carried by the foIlowing vote: Yeas - Mayor Moldenbauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communic"tion of H ,a r a I d Schmidt et al requesting favorable action of Mercy Medical Center io the rezoning of their property, west of theiir present facilities, and further requesting that their names be withdrawn from a petition pre- viously signed by them objecting to the rezoniog, presented and read. Councilman Bitter moved that the communication be re. ceived "nd filed. Seconded by Councilman P,regler, Carried by the f<>Ilowling vote: Yeas - Mayor Moldeolhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication of Gerald ~. Grane et us of 1016 Langworthy Ave. indic"ting no objection to Special Session, June 26, 1972 297 patients. A>proximately 56% of their patients utilize Mercy Hos- pitaL This would seem to be a vaJid judgment for them to make the move and also would have a statistical reason to su>port this judgment Prior to 1934 there was no Zoning. From 1934 to 1966 zon- ing provided for medical clinics. In 1966 Medical Clinics were delet. ed. The queation arises is this a reason"bly suited area. Councilman Pregler moW<! to re- impose theruIes. seconded by Councilman Justm"nn. Carried by the following vote: Yeas - Mayor Moldenbauer, Councilmen Bitter, Jus t man n, Pregler, Thoms. I Nays - None. COUNCIL RECESSED AT 12:10 A.M. RECONVENED AT 12:16 A.M. RESOLUTION NO. 200.72 BE IT RESOLVED BY THE CI- TY COUNCIL of the City of Du- buque, Iowa, that the fOIlowing having complied with the provi- Sions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a per- mit to sell C¡g'arettes and Ciga- rette papers within said City. Chades Adams, 20th & Jackson Street Joseph Bell, 263 Maio Street Edward A. Bailey, 1298 Main Street Cock & Bun, æ4S J. F. Kennedy Road DAV. Club, 2600 Dodge Street Pla- za 20 William Dunne, Jones & Locust Street Mrs. Adele Fens, 210 West 1st Street Donna Ginter, 342 Main Street Mareo Giunta, 2022 Central Avenue Anthony Habeger & Gary Stewart, 9th & Central Avenue Arsenius Hanson, 1!Y1 Locust Street Robert Klauer, 3rd & Locust Street Thomas A. Lindecker, 90 S. Locust Street Catherine Lester, 1322 Central Ave- nue Jeanann Majerus, 253 Main Street Milton Marty, 5th & Locust Street Nelson NOrwood, Bunker Hill Golf Course I William O'Neill, 55 Locust Street Donald Pothoff, 285 Locust Street Michael Pusateri, 2560 Dodge Street Donald Plumley, 5th & Locust Street RandaU's FOOdarama, 2600 Dodge Street Plaza 20 Louis A. Ring, 1183 Dodge Street John J. Steffen, 690 West Locust Street Joseph Sutter, 3195 Jackson Sitreet Pete Sfikas, 926 Main Street Pete Sfikas, 401 Centl'al Avenue Brian Vioeent, 3305 Asbury Street Colleen Wailace, 241 Main Street Woolworth's Department Store, 565 Kennedy Road Bishop Buffet, 555 Kennedy Road R. J. Cremer, 731 !lJ¡omberg Ave- nue Clark Service Station, 1(J()S Dodge Street FJorence E. Ohalder, 113 M a i n Street William P. Fransen, 1900 Wash- ington Street Patrick Fenelon, 3166 Jackson Street Lorraioe Gordon, 2327 Central Ave. nue Raphael William Grant, 3050 As- bury Road Frank J. & Phyllis Licdardii, 504 Bluff Street Loras CoIlege, 1450 Alta Vista Cyril Melt!, l5'55 Cen.tra~ Avenue Gerald E. Miller, ~7 Rhomberg Avenue John L. Savary, 827 Dodge Street Frank Schwind, 2297 University Avenue Chuck N. Wong, 378 Main Street Mrs. Josephine Burke, 1445 Cen- tral Avenue D.B.Q. Inc., 4th & Locust Street Leona R. Friedman, 620 East 16th Street Milton F. Fink, 3185 Centra'l Ave- nue Kenneth Jerome Love, BOO Centrai Awenue Howard F. McCauley, 2195 Cen- tral Avenue Marcella McCarty, 2093 Washing- ton Street Merlin Morett, 3198 Central Ave- nue John C, Neumeister, 700 Lincob1 Avenue Vada Jean Nease, 400 Centl'31 Ave- nue Clarke CoIlege, 1550 Clarke Drive Eik'.s Club, 701 Locust Street Anthony Helling, 701 Dodge Street William Hancock, 2205 Carter Road James KacheV'8s, 665 Dodge Street Roger L. Fess, 910 Dodge Street Special Session, June 26, 1972 A. W. p.ins, 269Ð J. F. Kennedy CLASS "C" .EER PERMIT Road Welsh Ente"Pme, 1"",., 620 S. Stampfer'a Department Store, 8 Grandview Avenue Towo Clock Plaza Pas,sed, adopted and approv<!<l Charles spielman, 3W1 Windsor this:wth day of June, 1972. Awenue Wayuc A. Moldoobauer Mrs. Rita Sehue1ler, TaWIl OIœk Mayor ~.. Watter A.Pregler Uru,;]a Drake, 1(Ø1 Jackson Street Allan T. Thoms R. S. Ruegnitz, 629 Rhomberg Ave- C. Robert Justmann RUe JOlieph 1. Bitter H. W. /ihetl.er, 1902;(;_al A""nue Councilmen Carl 'Van Duelman, 590 (hrlre Dr. Attest: Duibuque GoH " CouDtry CluiJ, Leo ¥. FrOmmelt itandali Place City Clerk. lames L. Norton, 902 Main Street . . Brookside Dairy, 1540 Central Ave- . Councilman BItter. moved adop- nne tion of the resolution. ,Seconded Phillip R Love 1701 Cent"a! Ave- by Councnman Pregler. Carried nue' , by the foIlowing vote: Cruso A. Alba, 2601 Jackson Street Yea~ - M~yor Moldenhauer, c.esceut Realty, IDe., 255 S. Main CQ1Illcilmen BItt e r, Justmann, Street Pregler, Thoms. Robert P. .Kelly, 1001 Main Street Nays - None. Beatrice C. Winkler, 1400 Central RESOLUTION NO. 202-72 Avenue WIIJ!E:RÐAS, applications for Beer BE IT FURTHER ltESOLVED permits were Jli!ed by the within that ~ bonm filed "Wlth the aPO named applicants and they have phcation be approved. received llie approval of tirls Couo. Passed, adopted and approved eil; and this 26th day of June, 197!!. WHEffiJ!)AS, tI1e premü;es to be Wayne A. MoJdenhauer oocupied by suoo ap¡ilioants were Mayor inspected and found to comply willi Walter A. pregle.r the ordinances of this City and Allan T. Thoms tbey have filed proper bonds; C. Robert Justmann NOW THERæJFORE BE IT RE- Joseph J,- BItter SOLVED by the City Council of Coun<illm6ll the City of Du.l>uque Iowa that Attest: the Manage,r be authorized to'cause Leo. F, Fromme¡( to be issuedtotbe foIlowing named City Clerk applicants a Beer permit. Councilman Bitter moved adop- GLASS "c" BEER PE.RMIT lion of the resolution. Seconded Welsh Enterprise, Inc., 1120 S. by Comreilman Pregler. Carried Grandview Avenue by the following vote: BE IT FURTHE>R RESOLVED Yeas - Mayor Moldenhauer, that the bonds filed by suc!h. ap- Councilmen Bit t e r, Justmann, plicants be and the same are here- Pregler, Thmns. by approved. Nays - None. Passed, adopted and approved RESOLUTION NO. 201.72 this 26th day of June, 1972. WHEiREAS, çplñe,,1iiom; for Beer Wayne A. MoldeIihauer permits have been submitted to w:I~Yo';.. Pregl this Council for "iPpr<wal and the All er T . Tb er same have heen examined; NOW C. ~ob~rt J~~mann THEiRlEFORiE, Joseph J Bitter BE IT RESOLVED by tbe City Council~en Council of the City of Dubuque, Attest: Iowa, that tbe following applica- Leo F Frommelt lions be granted and peromits is- City 'Clerk sued upon the complianœ with the terms of the ordina"""" of the Councilman Bitter moved adop- City. lion of the resolution. Seconded 298 Special Sessìon, J'Wle 26, Ur72 299 by Omncllman Pre¡ller. Com..,¡ by tbe fol19wing vote: Yeas - Mayor Moldenbau..., Councilmen Bit t e ~, Justmann, Pregler, Thoms. Nays - None. RESOLUTION 110. 2ØB.12 WHEltEiAS, 'ØWlica1ii<ms for IA- quor Ireeoses have been sul>mitted toth;,. Council for approval and the same have been examined, NOW ~E BE PI' .RE- SQLVED :by the City CInmcil of the City of DubIlljW\, lowa,ttlat the following "ppHca1iions 'be grant- ed And licenses issued ~ the compliance With the terms of the IOWA LIQUOR OONTROIL AOT CJHAiPTI!JR 123-as a'llœnded by the 64th General &'semWy, 19'1'1. CLASS "C"(COMMEItCIAL) 8EE'R .& t.tQUOR LIC"EIIIS'E .cy~ Meitl, 1555 Central Avenue EdwaOOA. Bailey, l298 Main Street .J,<Ibn L. Sa'\'ary, 1IZ7 Dodge Street Aristo Foods IJf Iowa, me., 11il Doùge Street Vada Jean Neaæ, 400 Central Ave- nue M1treella MieCarty, 2IJ9B 'Wa~- ton S!Teet tJ:as~ ;~;p~ .J:~ ~oved I Wayne A. "Mo'lIIeI1hauer M~ Wa'lter A, Pregler A'Ilan'T. Thoms C. R<lbert JUBtmann Joseph J. Bitter Couneflmen Attest: Leo F. Frommelt City Clerk -Conncõlm<m .Ritter .D1()\'<1!1 ad0p- tion .of the T_lU!liion. Secwded byCoun.cilman &egler. ,Camed by the following ¥ote: Yeas - Mayor Moldenhall,"", CouneilmenB itter, Jætmann, Pre¡¡ißr, Thoms. Nays - None. 'R'ESOLtlTION MO. 204-'7! WlBiEJRErAS, applic.ations fur Li- quor licenses were filed by the wibbin named applicants and they have received the approv>al <if this Coundl; and WiIIEiREAS, the premises to be occupied by sucl1 a'p'plicants were IDs¡pected and Jnund to com¡jly with the State Law and all City oOOi- nances .relev-ant thereto and i,bey ¡ave filed proper t>oDœ; NOW 'I'HiEREFORiE BE IT RE. SOLVED by the City Cowmil IJf D."buqu~ Iowa" that the "Ma~er be anlbarized to cause "to l>e is. sued to ihe rolbwiag .mnned 111>- plicants a liquor 'lü!ense. C,LASS "C" ¡COMMERCIAL) BEER .& 1.1Q.UORLICENSE Cyril M.<Ji£\, 1Ii55 Oeœral Avenue Edward.A. ,BaileY.l2II8.Main Street Joho L. SlWary, 1JII11 Dodge Street Aristo Foods of lowa, me. 1o1ll Dodge Street V,ada Jean Nease, 4IID CeJ/tra.1 Ave- nue Maree1la .McCarty. - Washing- ton Street P8'SSed., ad~ed and approved this 26tb <Jay of June, !972. W"Yfi"C A. Mo!ideI1h:mer M21Yor Walter A, 'P~er Allan ',!" ':!born. C. .RObeIt J1$bmmn ~ '8. 'BItter OIuncilmen Attest: Leo F. Frommelt City Cletk Cøuncllman Bitter Q\)ved .adop- tian III' .the ..esoIutina. .5eeonded ~ .couøcIJman h<:IIlæ. C&rried bt' the fnllowiag ,vote.: Y.,aa - ¥ay.o.r .lflildenbauer, Oounci1meu Bitt e r, J1i8I:mann, P.re¡¡ler, :Dbom.s. Nays - None. ~'ESGLU'l'lON 'NO. 105,;11 AIilhøJ'fZ111 the ~c.1Ioa of .DO- tice df 'Public "FIeer'ing 'for e "Low. Rent Housin Pl't\lect WHEREAS, the City -fJf Dubuque, Iowa, exercisiR1g the ,powers grant- ed by :Oh~er 4O:IA <6. lb. Iowa Code, as amended, proposes to >rub- mitto the United States Depart- ment of I:Jøusing .and UI1>an De- velopment, an appUcation .to lease certain ilweIIIl>g un& 1or oc.cupan- cy by low-income tamilies,; and WHEmEAS, the said Code <if 10- -wa reqmres that .. pùb1ic l1ea1'ing be held 1ft -wbie!l time @Ie 'POOIic silaB be a/hlised oJ 'the -proposed .project; now -!her""","" !'IE 111' 'RESOLVED BY "'l'I!IE rouNOlL OF "11I'!E .crrv <m' 1JR:f- BUQ1J'E, IOWA: Section 1. That the t:Jity Clerk be and be is he,reby authorized total monthly rental of $1050., or $12,600 per annum, against $16,000 per year rental proposed fur the new building to be constructed on the west side, presented and read. Mayor MoJdenhauer moved that the communication be referred to the City Solidtor. Seconded by Councilman Justmann. Carried by the foHowing v<>te: Yeas - Councilmen Bitter, Just- mann, P,regler. Nays - Councilman Thoms. AT 12:20 A.M. COUNCILMAN JUSTMANN MOVED TO RECESS THE ME'ETING UNTIL 4:30 P.M. Seconded by Councilman Pregler. Carried by the fuIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. CoU""il reconvened at 4:33 P.M. on June 271Jh. Roll Call was as foIlows: Present - Mayor Moll denhauer, CoU""ilmen Justmann, Pregler, Thoms. City Manager Gil- bert D. Ohavenelle. Absent - CoU""ilman Bitter. Mr, Dan Dittemore was caIled upon to give a complete report 00 the Mercy Medical Center Zon- ing matter. Councilman Bitter entered the Council Chamber at 4:50 P.M. CouOOilman Bitter moved to end debate and called fur the motion. Seconded by Mayor Moldenhauer. Carried by the foIlowing vote: Yeas - Mayor MoJdenhauer, Councilmen Bitter, Pregler, Thoms. Nays - CoU""ilman Justmann. Councilman Pregler moved that the Wm. Thill petition be denied. Seconded by Councilman Thoms. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen B i tte r, Pregler, Thoms. Nays - Councilman Justmann. Counclilman Pregler moved that Subsection "N" be referred to the Planning & Zoning Commission fur proper proceedings. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Councilmen Bitter, Preg- ler, Thoms. Nays - M'ayor Moldenahuer, Councilman Justmann. Councilman Justmann moved that Ordinances No. 41-71 and 42.. 300 Special Session, June 26, 1972 and directed to pul>1!.sh notJice of , pnbfu: bearing to' be held on July 17, 1972, in the form of Exhibit "A" wlùcl1 is attached hereto and made a part hereof. Passed, a,pproved and adopted this 26th day of June, 1972. Wayne A. Moldenhauer , Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Jòseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" LEGAL NOTICE ,Notice is hereby given by the City eouncU of the City of Du- buque, )"owa, pursuant to Section 4O(IA of the Iowa Code, as amend- ed, that on the 17th day of July, 197~, at 7:30 P,M. in City Council Oha'mbeni, City HiaU, Dubuque, Io- wa, the following entitled resolution wiIl be introduced fur adoption by the City CouDiCil of the City of Dubuque, RESOLUTION NO. Authorizing and directing the sub- mission of en application fur a Low.Rent Housing Program under Section 23 of the United States Housing Act of 1937, as amended Sam resolution wiIl authorize the sUbmission of an application fur federal financial assistance to lease two hundred fifty (250) privately owned dwe1ling units in existing structures scattered throughout the City of Dubuque for occupancy by low-inoome families. Leo F. FrommeJit City Clerk M,ayor Moldenhauer moved adop- tion of the resolution, Seconded by Councilman Thoms. Carried by the foIlowing vote: Yeas - Mayor Moldenhauer, Councilmen BiHer, Justmann, Pregler, Thoms. Nays - None. Communication of C. J. May Jr, _ssing thanks for Cowwil co- operation in certain Ordinance matters relative to the property located at the corner of 11th & Central Ave., which was offered to the Iowa Beer & IJiquor Con- trol Department containing G 4 0 0 square feet of floor space, for a Special Session, June 26, 1972 71 be repealed. Seconded by Mayor sued to the following named ap- Moldenhauer. Vote on the motion plicants a Liquor licelllSe. was as follows: CLASS "C" (COMMERCIAL) Yeas - Mayor Moldenhauer, BEER & LIQUOR LICENSE Councilman Justmann. Albert Ney, 600 Central Avenue Nays - Couneilmen Blitter, Preg- Creslanes Bowling, Inc., 255 S. ler, Thoms, Main Street MO'l1ION FAILED. Passed, adopted and approved RESOLUTION NO. 206-72 this 27th day of June, 11172, WHEREAS, a,pplications fur Li- Wayne A. MoJdenhauer quor licenses have been submitted Mayor to this Council for approval and Walter A, Pregler the same have been examined; Alan T, Thoms NOW THEREFORE BE IT RE- C, Robert Justmann SOLVED by the City Council of Joseph J. Bitter the City of Dubuque, Iowa, that Councilmen the following applications be grant- Attest: ed and licenses issued upon the Leo F. Frommelt compliance with the terms of the City Clerk IOWA IÆQUOR CONTROL ACT- Councilman Bitter moved adop.. CHAP11ER 131-as amended by the tion of the resolution. Seconded 64th Genera! Assembly, 1971. by Couneilman Pregler. Carried CLASS "C" (COMMERCIAL) by the foIlowing vote: BEER & LIQUOR LICENSE Yeas - Mayor Moldenhauer, Albert Ney, 600 Central Avenue Councilmen Bit t e ,r, Pregler, Creslanes Bowling, 255 S. Main Thoms. Street Nays - None. Passed, adopted and approved There being no further business this 27th day of June, 197~. Councilman Pregler moved to ad- Wayne A, Moldeubauer journ. Seconded by Councilman Mayor Bitter, Carried by the following Walter A, Pregler vote: AIlan T. Thoms Yeas - Mayor MoJdenhauer, C. Robert Justmann Councilmen Bit t e r Justmann Joseph J.. Bitter Pregler, Thoms.' , Councilmen Nays - None, Attest: Leo F. Frommelt Leo F. Frommelt City Clerk City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded I ~pproved """"""""'..................1972 by CoU""ilman Pregler. Carried by the following vote: Ye,as - Mayor Moldenhauer, I Adopted ......................................1972 Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 207-72 WHEREAS, applications for Li- quor !lcenses were filed hy the withio named applicants and they have received the approval of this Council; and WHEREAS, the premises to he occupied by such applicants were inspected and found to comply with I the State Law and all City ordi- nances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is. 301 ..............................................,..,.......... .........................................,................., .....,...,........................,...........,.........,.., .............,................................,.......,...., .....-.......'...........,.................................. CounclImen Attest: ......................,........................... City Clerk.