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1972 August Council Proceedings 364 Special Session, July 31, 1972 l'Iassed, adopted ,and approved this 31st day of July, 1972. Wayne A. Moldenhauer I Mayor Walt... A. Pregler Allan T. Thoms C. Robert Justmaun Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Olerk Councilman Bitter moved adop- tion of the resolution. Se<:onded I by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justm"nn, Pregler, Thoms. Nays - None. '!'here being no further business Coundiman Pregler moved to ad- journ. Seconded by Mayor Mol- denhauer. c"rried by the foll()w- iog vote: Yeas - Mayor M()ldenbauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays - None. Leo F. Frommelt CIty Clerk Approved ......................................1972 Adopted ........................................1972 .......................................................... .......................................................... .......................................................... .......................................................... Councilmen Attest: """"""""ciÏŸ"ëï~~k""""""" Regular Session, August 7, 1972 365 CITY COUNCIL OFFICIAL Regular Sanion, August 7, 1972. Council mat at 7:30 P.M. (D. S.T.) P- - Mayor Moldenhauer CounellmanB It tar, Justmann, Pregler, Thoms. City Manager Gil. bert D. Cha_e. Mayor Mo1dEllhauer read 1Iœ ea~l and sta,ted that semce tbeTeof bad been duly made and 1Jbia is the REGULA<R MONTHLY ME'ETING eaIled for ,the ,punpose of aeting upon such business as may pro- perly come before the meeting. Communication 0 f Outre""", Committee of Westminster Pres- b,-terian Church being in support of the proposed Youth Services Bureau, presented and read. Coun- cilman BitteT moved that the eom- munieation he received and filed. Seconded 'by Councilman Jus t- mann. Carried by the following 'rote: Yeas - Mayor Moldenhauer, Councilmen ,B i t t e r, Justmann, Pregler, Thoms. Nays - None. Communications of B. J. Braee et al (20 postMrds)heing in sup- port of the propoaed Youth Ser- vices Bureau,presented and read. Councii'manBitter moved tbat the cards he received and filed. Se- conded by Councilman Justmann. Carned by the f<>!lowing vote: Yeas - Mayor Moldenh!aueT, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - N<>ne. Commumcation of Dubuque CoUDty Department of Social Ser- viees registering SUI>,port of ,pro- posal that the City Sponsor and participate in the Youth Services Project, ,presented and read. Coun- cilman Bitter moved that the com- munlcatioo he received and filed. Seconded by Councilman Jus t- mann. c"rried by the following vote: Yeas - Mayor MoldenhaueT, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Telegram from United States Se- nator Harold Hughes commending e«orts mended in hebaJf of a Youtit Services Bureau, presented and read. Coundlman Bitter mov- ed that the telegram he received and filed. Seconded by Councilman Justmann. Carned ,hy the follow- ing vote: Yeas - Mayor MOldenhauer, Councilmen Bit t e r, Juotmann, PregleT, Thoms. Nays - None. Petition of Chris Dtrfty et aJ (.'í60 signatures) requesting the Council to endorse and suPPOrt the Youth of Duhuque through the sponsorhsip of the "Youth S e r- vices Bureau" presented and read. Councilman Bitter moved that the petition he received and filed. Se- conded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. OounciIman Pre¡jler moved that tbe rules be suspended in order 10 let anyone present address the Council if they so desire. Second" ed by Mayor Moldenhauer. Car- ried by the i<illowing wte: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Mrs. Dan Ernst spoke in favor of tbe Youth Sel'VieesProject along with Mrs. Louise Thompson of the School Board, .Mike Breitbach as head of student government a t Hempstead, Mike Brooks of the City staff, Steve Udelhofen of Youth ,Emplloyment and Diek Slat- tery as head of 1>I1e Recrea'oon department. M . Bob Humke and Arthur Boardman spoke with some apprehension of tbe project. Councilman Justmann presented and read a "critique" aoolyzing the Youtb Ser,vioes Pr()ject heing critical of the preferential treat- mentlo a selected group of resi- dents of the City. Councilman Pregler moved that the critique be received and filed. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Justmann, Pre~, Thoms. Nays - Councilman Bitter. Mayor's weekly report letter to the Council dated August 6, 19'/2, preoented for filing. Councilman Bitter moVed that the report he received and filed. Seconded by Regular Session, August 7, 1972 Councilman Justmann. Carried by tractors as proposed by the Iowa the following vote: Chapter of Nationa~ ,Electrical Con- Yea~ - M~yor Moldenbauer tractors Ass'n. presented and read. Counellmen BIt t e r, Justmann, Councilman Pregler moved that Pre~er, Thoms. the communication be re""ived and Nays - None. filed. Seconded by CouncilmOin Bit. RESOLUTION NO. 239-72 ter. Carried by the foJlowing vote: W!HE!REAS The City of Dubuque Yeas - Mayor Moldenhauer has been asl<:;"¡ to s'ponsor a Youth Councilmen Bit t e r, Justmann', Services Bureau, and Pregler, Thoms. WiHIDREiAS the State of Iowa Nays - None. thru the Y~uth CoOrdinator ha~ Communicati()n of Dub u que expressed great interest in such Ass'n of the Blind as not bøing an activity being instituted in the entirely satiSlfied with the outcome City <>f Dubuque and of the Naval Reserve Building and WIHiEJR;FJAS th~ Youth Services also suggesting tbat some type of Bureau will 'strive to serve as a traffic light system ,be insta~led coordination structure to all com- at 12th & Jackson and 00 Dodge munity services directed toward Street at the Doctor's Court, pre- and availabie to young peo.ple, and sented and read. Miss Kathy Ag- wm;JREAS the Youth Services new, a member of the Ass'n of Bureau will ,play an important role the Blind, sp()ke to the Council in crisis intervention, and by requesting enforeement of the WHEJRiEJAS, the Youth Services pedesm-ian law. There is way too Bureau identifies gaps in services much disregard for the blind in and purchases need services wben cros.walks and parking lots of su- nO other alternative is av'aila!Jl\e I permarkets ate. and ' Councilman Pregler moved that WH!EiRJE'AS the Youth Services the communication he referred to Bureau wor~ to change attitudes the TraMic Committee to contact and practices which contribute to the Safety Council. Seeonded hy delinquency and youth crimes: Councilman Bitter. Carried by the NOW, 'l1HE;RiEJFOiRJE BE IT iRJE- I following vote: SOLVE[) BY TlIiE CITY COUN(JIjL \ Yeas - Mayor Moldenhauer, ofth. e City <>f D. ubuque Iowa, do Counc.ilmen Bitt e r, Just-un. hereby lend our support to the Pre¡ler, Thoms. Youth Services Projeet to be ini. Nays - None. tiated in the City of Dubuque forth- Communication of Frank Kelly with. et al (8 signatures) showing c()n- IN WI'11NESS 'l.1IIElI.ÐOF, we cern as to the Freeway Corridor bave hereunto set our band and study and would like to have some caused the seal <>f the City <>f questions answered before the next Dubuque to be affixed this 14th regularly scheduled meeting on the day of August, 1972. study to be held on SeptemheT Wayne A. Moldenhauer 14, 1972, presented and read. Coun- Mayor cilman Pregler moved thlat the Walter A. Pregler communication be referred to the AJlan T. Thoms Council for consideration at the Councilmen Freeway Corridor meeting. Second~ Attest: ed by Councilman Bitter. Carried Leo F. Frommelt by the following vote: City Clerk Yeas - Mayor Mdldenhauer, Councilman Thoms moved adop- Councilmen Bit t e r, Justmann, tion <>f the resolution. Seconded Pregler, Thoms. by Councilman Pregler. Carried Nays - None. by the fOllowing vote: Petition of Albert Nauman et Yeas - Mayor Moldenhauer, al (7G signatures) mostly from the CouncilmenP;egleT, ~oms. surrounding area outside the City) Nays-Councilman Bitter, Just- requesting consideration to locating mann. the proposed freeway on the west- Com m u n i eat i () n of OLti- ern .portion of Dubuque running zens Advisory Commission oppos- \ from Key West to Highway 52 ing the. bon~ and insurance require- near Daytonville, presented and ment for liceD&log electrical con- read. Councilman Pregler moved 366 Regular Session, August 7, 1972 367 tbat the .petition 'be referred to the Council for consideration at the Freeway Corridor meeting. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Moldenhauer, CouncNmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. July 25, 1972 To the Honorable Mayor and Members of the City Council I herewith sœbmit the report of the Water Department f()r the month of June, 1972. Gilbert D. Chavenelle City Maooger Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Mdldenhauer, C()uncilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. July 25, 1972 To the Honorable May()r and Members of the City Council I request permission to attend the International City Management Conference, September 17-21, in Minneapolis. Gilhert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the request. Sconded by Counc;!man Thoms. Carried by the following v()te: Yeas - M,ayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Proof of PubJication, certified to by the Puhlisher, of Statement of Receipts and Disbursements also list <>f claims for June 1972, pre- sented and read. Councilman Preg- !er moved that the proof of pub- li""tion be received and filed. Se- I conded by Councilman Thoms. Car- ried by the fOllowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. August 7, 1972 To the Honorable Mayor and Memhers ()f the City Council. Attached is a list of judges and clerks selected to serve in the various .precincts in the City for the coming election scheduled for August 22, 1972, entitled "L a' w Enforcement CenteT Bond Propo- position". This list has been submitted by the County Auditor and County Commissioner of Elections. The list is submitted for your approval. Leo F. Frommelt City Clerk ,Councilman Pregler moved ap- proval of the list. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Mdldenhauer, Councilmen Bitter, P r egle r, Thoms. Nays - None. Abstained - Councilman Just- mann. July 31, 1972 To the Honorable Mayor and Members of the City Council The City Planning and Zoning Commission has held a pœblic hear- ing on a proposal to reclassify .property described as Block 19 of Key Knolls Subdivision in the City of Dubuque, Iowa from Multiple Residence District to Business Dis- trict classification. This .property is located on the west side of John F. Kennedy Road between Hillcrest Road and Footbil! Drive. The Commission has determined that the re-c1assification of this property is in accordance with its plan for the area. It is the recom- mendation <>f the City Planning and Zoning Commission that the petition be approved. City Planning and Zoning Commission Daniel Dittemore Development Planner Councilman Pregler m<>ved that the communiœtion he referred for proper proceedingS. Seconded by Councilman Thoms. Carried by the following V()te: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays - None. July 31, 1972 To the Honorable Mayor and Memhers of the City Council The City Planning and Zoning Commission has held a ,public bear- ing on a propos ail to reclassify pr()perty located at 2215 and = Ja'ckson Street and 2216 and :!'J18 White Street in the City of Dubuque Iowa, from Multiple Residence classificatJion to Business District 368 Regular Session, August 7, 1972 cJ.a .SS.ifi.caü..on.. This 'property. is de- I Buil.din.g. and constrn. eü'on Trad.es. scribed as foilows: Couneil extending an invitation to The Easterly one.half of the meet with them either on August Southerly one-haH of Lot:ll! ~lth or 25th, presented and read. and the Eiasterly one-half of Councilman Thoms moved that the the Northerly 2 feet of Lot c()mmuDication he refen-ed to the 33 in L. H. Langworthy's Ad. Mayor. Seconded by Mayor Mold- dition; and enhauer. Carried by the following The Easterly 80 feet of the vote: Northerlly half of Lot 32 in Yeas - Mayor Moldenhauer, L. H. LangworthY's Addttion; Councilmen Bit t e r, Justmann, and Pregler, Thoms. The Westerly one-haH of the Nays - None. Southerly one-balf of Lot 3e Notice of claim of Mrs. Har()ld and the Westerly one-half of Leitner Jr. in the amoung of $119.11, the Northerly 2 feet of Lot for ear damage ineun-ed as result æ in L. H. Langworthy's Ad- of dropping into a hole in the dition; and pavement on Hamilton Street on The Westerly 80 feet of the July 23, 19'm, presented and read. Northerly half of Lot 32 in Mayor Moldenhauer moved that L. H. LaDgWorthY's Addition; the claim be referred to the City and Solicitor for investigation and re- The Southerly 30 feet of Lot port. Seconded by Councilman æ of L. H. LangworthY's Ad- Thoms. Carried by the following dition, ali in the City of Du- vote: buque, Iowa. Yeas - Mayor Moldenhauer, The Commission has determined Councilmen Bitt e r, Justmann, that the proposed re-cla..ification Pregler, Th()ms. is in accordance with the plan Nays - None. for this area, and reeommends that Notiee of claim of Mrs. Janet the petition be approved. K. Metelak, in an undermined a City Planning and Zoning mount, for personal injuries re- Commission ceived ina fall on a defective Daniel Dittemore sidewalk on the ea"t side of Glen- Development planner view Circle on June 3, 1\172, pre- CoUI>C,ilman Pregler moved that senied and read. Mayor Molden- the recommendation he referred hauer moved that the claim be for proper proceedings. Secooded referred to the City So\ieiinr for by Councilman Thoms. Carried by investigation and report. Sec()nd- the following vote: tied hy Councilman Thoms. Car- Yeas - Mayor Moldenhauer, ried by the following vote: Councilmen Bitter, Juotmann, Yeas - Ma'yor Moldenhauer, Pregler, Thoms. Councilmen Bit t e r, Justmann, Nays - None. PregleT, Thoms. Communication of Delos Dor- Nays - None. weiler proposing that the City At- Notice of claim of Thomas J. torney work with him to take le- Krause ()f 1!Ji25 winDie Court, in gal action against Our Redeemer the approximate amount of $705. Luth...an Church at 2145 Kennedy for property damage as the result Road requesting that they install of a backed.up sanitary sewer on a s1:<>rm sewer to keep from wash. August 2, me, presented and read. ing out his property, presented and Mayor Moldenhauer moved that read. Councilman Pregler moved the notice of claim he refen-ed that the eommunicati()n be referred to the City SolicitDr fDr investi- to the City Manager and City Attor- gation and report. Seconded by ney for a report hack to the Coun. Councilman Thoms. Carried by the cil. Seconded by Councilman fdUowmg vote: Thoms. Carried by the following Yeas - Mayor Moldenhauer, vote: Councilmen Bit t e r, Justll1i8nn, Yeas - Mayor Moldenhauer, Preg]er, Thom". Councilmen Bitter, Justmann, Nays - None. Pre¡jler, Thoms. Noti.. of Claim of Dennis D. Nays - None. Palm, of 1JI4O W'mnie Court, in Communication of Dub u que the apprmdmate amount of $1634., Regular Session, August 7, 1972 369 for property damage as the result perty damage as the result of a of a backed-up sanitary sewer on backed-up sewer on August 1, 1m August 2, 1972, presented and re'ad. presented and read. Mayor Moll. Mayor Moldenhauer moved that denhauer moved that the notice the notice of claim be referred of claim be referred to the City to the City Solicitor for invest!. Solicitor for investigation and reo gation and report. Seconded by port. Seconded by CounClilmau Councilman Thoms. Carried by the Thoms. Carried by the following following vote: vote: Yeas - Mayor MoldenhaueT, Yeas - Mayor Moidenhauer, Councilmen Bitter, Justmann, Councilmen Bitter, Justmann, Pregler, Thoms. Pregler, Thoms. Nays - None. Nays - None. Notice of OIaim of DanieI L. Notice of Claim of Fred R. Baudy Schmit ()f 1935 Winnie Court, In in the "mount of $3,025. for loss the approximate amoung of $596. of autom()bile as the result <>f strik- for property damage as tbe result ing a loose manhole cover in the of a backed-up sanitary sewer on street at 1788 Key Way on August August 2, 197\!, presented and read. 2, 1972, presented and read. Mayor Mayor Moldenhauer moved that Moldenhauer moved that tbe notice the notice of claim be referred of .Iaim be referred to the City to the City Soliciinr for invest!- Solicitor for investigation and re- gation and report. Seconded by port. See.onded by Councilman Councilman Thoms. Carried by the Thoms. Carried by the following following vote: vote: Yeas - Mayor Moldenhauer, Yeas - Mayor Moidenhauer, Councilmen Bit t e r, Justmann. Councilmen Bit t e r, Justmann, Pregler, Thoms. Pregler, Thoms. Nays - None. Nays - None. Notice of Claim of Fred N. Smith Notice of Claim of Leo C. Barg. of 1960 Winnie Court, in the appro- man, in an undetermined amount, ximate amount of $1731;. for pro- for persoual injuries received as perty damage as the result of a the result of striking a hole in backed-up sanitary sewer on Au- the street at Charter & Salina gust 2, 1972, presented and read. streets on August 3, 1972, present- Mayor Moldenhauer moved that ed and read. Mayor Moldenhauer the notice of claim be referred moved that the notice of claim to the City S()licit()r for investi- be referred to the City Solicitor gation and report Seconded by for investigation and report. Se- Oounc;)man Thoms. Carried by the conded by Counc¡lman Thoms. Oar. following vote: ried by the following vote: Yeas - Mayor Moldenhauer, Yeas - Mayor Moldenhauer, Counei1men Bit t e r, Justmann, Councilmen Bit t e r, Justmann, Pregler, Thoms. Pregler, Thoms. Nays - None. Nays - None. Notice of claim of Bernard J. Notice of claim of Clara A. Me. Mihm, in an undetermined amount, yer, of 1890 Adair Street, in an fDr personal injuries reeeived in undetermined amount, for property a fall on a defective sidewalk al damage incurred as the result of 1906 Ellis Street on July 16, 1972, a backed-up sanitary sewer on Au- presented and read. gust 2, 1972, presented and read. Mayor Moldenhauer moved tha,t Mayor Moldenhauer moved that the notice of claim be referred the notice of claim be referred to the City Solicitor for investiga- to the City Solicitor for invest!- tion and report. Seconded by Coun- gation and r~ort. Seconded by cilman Tiroms. Oarried by the fol- Councilman Thoms. Carried by the lowing vote: following vote: Yeas - Mayor Moldenhauer, l'Ceas - Mayor Moidenhauer. Councilmen Bit t e r, Justmann, Councilmen Bit t e r, Justmann, Pregler, Thoms. Pregler, Thoms. Nays - None. Nays - None. Notice of Claim of John T. Ku. Notice of Claim of R'ay Grimm besheski of 229 N. Booth Street, of 1780 Adair Street, in an un. in tbe amount of $350. for pro- determined amount, for pI'<lj>erty 370 Regular Session, August 7, 1972 damage incurred as the result of a backed-up sanitary sewer on Au- gust 1, 1972, presented and read. Mayor Moldenhauer moved that the notice of claim be referred to the City Solicitor for investi- gation and report. Seconded by Councilman Thoms. Carried by the foliowing vote: Yeas - Mayor MoldenhaueT, I Councilmen Bitter, Justmann, Pregler, Thoms. Nays - None. Notice of Claim of Louis J. White ()f 1790 Adair Street, in an undetermined amount, for property damage incurred as the result 011 a backed-up sanitary sewer on Au. gust 1, 1972, presented and read. Mayor Moldenhauer m()ved that the notice of c'laim be referred I to the City Solicitor for investi- gation and repert. Seconded by Councilman Thoms. c"rried by the following vote: Yeas - Mayor MoldenhaueT, Councilmen Bit te r, Justmann, Pregler, Thoms. Nays - None. Proof of Publication, certified t by the publisher, of Notice of >Ill>- lie hearing to amend Zoning Or- dinance No. 3-M known as the I Zoniug Map and Zoning Ordinance so as to repeal Section S m Arti- cle IX ..nd the following he enaeted in lieu thereof "Articlle fX-General Provisions (S) fences on rear yard lot lines shall not exceed 8' in height and fences on front and side yard lot lines shail not exceed 5' in height, barbed wire fenees shall not be permitted except at I industrial plants where the lowest strand is not less th..n seven feet above the curl> level or ground level in case of absence ()f curt>, presented and read. No written oI>jections were filed and no oral objeetors were present in the Council Chamber at the time of the public hearing. Councilman Pregler moved that I the proof of ,publication be recei"ed and filed. Se<:onded by Mayor Mol- denhauer, Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pre~er, Thoms. Nay's - None. ORDINANCE NO. 41.72 An Ordinance amending Ordinance No. 3-34, known as the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa; by reo pealing Section (5) of Articla IX. thereof, and enacting a substitute therefore said ondinanee ha"",g been pre- viously presented and read at the Council meeting of July 3, !9T2 presented for final adoption. Councilman Bitter moved for fi- nal adQption of the Ordinance. Mo- tion died for lack of a secor' NO ADOPTION OIF '\1lI!E OIWm- ANCE. Prom of Public..tion, certified to by the Publisher, of notice of pnbMc hearing by changing from Single Family Residence District Class' fication to Multiple Residence Dis- trict Classification and al.., in- cluding the same descril:>ed pro- perty in subsection (m) of Sectio' 2 of Article IV to permit develop- ment of a Mobile Hrone Park in compllance with all applicable peli- cies and regulations of the City on Lot 2 of the Sub. of Lot 1 of 1 of M. L. 140; m. L. W; Lot20f20f10f4ofM.L. 122, presented and read. Councilman Pregler moved that the proof of ,publication be received and IDed. Seconded by Councilman Thoms. C..rried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Mr. Dick Wert7iberger of MO Wartburg Place voiced objection to the proposed WaI1iburg Mobile Home Park as possibly reducing property values in the immediate neighborhood. Dr. William H. We>blen, Presi- dent of Wartburg, spoke of the V1it,,1 need of the mobile park for the benefit of students attending Wartburg Seminary. Mr. Wertzber- ger withdrew his objections in the spirit m good neighborlY coopera- ti()n, after hearing Dr. Weil>len's plea for student housing. ORDINANC'E NO. 42.72 An ordlnanca amending and chang- ing Ordinance No. 3-34 known as the "Zoning Map and Zoning Or. dlnanee of the City of Dubuque, Iowa" 10 as to change certain property hereinafter deecrlbacl Regular Session, August 7, 1972 371 from "Single Family Residence "War!f>urg Seminary Mobile Home District" classlficaHon to "Multiple Park" In the City of Dubuque, Residence" classification, and to Iowa inclue!, said Pl'O>erty in subset. WHERlEC'\S, there has been filed tion (m) of Section 2 of Article with the City Clerk a plan of IV of Ordinance No. 3.34, to per. "Wartburg Seminary Mobile Home mit develQpmant of a mobile homo Park" in the City of Duhuque, park, (Wartburg Seminary) Iowa by WARTBURG THEOLOG,I. said Ordinance ha,ving been pre- CAL SEMINARY, DUBUQUE, 10. viously presented and read at the WA: and, Coundl meeting of July 10, 1972, WHÐREAS, the preliminary plan presented for final adoption. for this facility has been reviewed by the City Planning and Zoning Commission and has been approv- ed by them, subject to conditions herein acknowledged and aecepted hy !he owDO1'S; and, \W£EBiEAS, said plan bas been examined hy the City Administra- tion and has been found to ""n- form to statutes and ordinanees relating thereto; NiOW THEREFORiE, BE IT RJE- SOlJmID BY THE CITY COUINÇJL OF THE OITY OF DUBUQUE, IOWA: Section I. That the plan of "Wart. burg Seminary Mobil. Home Park" in the City of Dubuque, low.. be and the same is hereby approved and the Mayor and City Council are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon satd plan, provided the owners <>f s'aid property herein named, execute their wri1Jten acceptance hereto attached agreeing: a. To comPlY with all require- ments of the City of Duhuque, Iowa and the City of Dubuque Mobile Home Park Development Policy. b. To establish permanent re- getative screening along the Fre- mont Avenue boundary of the mo- bile home park and to provide and maintain tree planting and lanscaping within the interiDr por- tions of the park. c. To restrict OCcupancy of the I park to students and staff of the Wartburg Seminary. d. 1'0 construet all improvements required by the terms of the City of Dubuque Mohile Home Pa~k Development Policy, according to plans and specifications approved hy the Oity Engineer. e. To maintain the foregoing im- provements at the sole expense of the OwneT, the Warlf>urg Thee. lOgical Seminary. hom,- pock ,pp""bl, , th, CIty of Socfion3. - ~- -~ - Am,"dm,"1 h" h""olo" beeo ,p- "OV," bv th, P',",log ,"d ZoO'Og Comml",," of th, City of Oubuq". low,. p",," by "<O,d," "'" ,," '"",. ,dop"" ,"d 'PP"v," thl, 7th dov of Augu". "'2. Wov", A. Mold,"h,u" M..., All," T. Thom, W,"" A. P"gl" Jo"ph J. Bitt" Couocilm," ATTEST, L,o F F'omm,1t City Cj"k Pub""," offlc',"y '0 Th, T"""ph- """d ",w'P'..' thl, 11th d'Y 01 Augu,t. '972. Loo F. F"mm'lt 11.8/11 City C,,'" Councilman PregleT moved final adoption of the Ordinance. Seœnd- ed by Councillman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Pregler, Thoms. Nays - Councilman Justmann. RESOLUTION NO. 240.72 Resolution approving the plan of Regular Session, August 7, 1972 1'..sooo, aoopted and approved \ man Thoms. Oanied by the foll<>w- this 7th day of August, 1972. ing vote: Wayne A. Moldenhauer Yeas - Mayor Moldenhau.. Mayor Councilmen Bitter, Justman" Joseph J. Bitter Pregler, Thoms. ' Walter A. Pregler Nays - None. Allan T: Thoms ORDINANCE NO. 49-72 Councilmen An ordinance amending and chang. Attest: . ing Ordinance No. 3-34 kMwn as Leo F. Fromme¡( the "Zoning Map and Zoning Or. City Clerk dinanca of tha City of Dubuque, We, the undersigned William H. Iowa", by adding e new sub_. Weiblen, president, Wariburg The- tion (n) to section 2 of Article ologlcal Seminary, having read the IV thereof, to permit medicol of. terms and conditions of the fore- fices and accessory uses within going Resolution No. 2oID-72 and certain described areas of the mul. being familiar with the conditions tiple residence district, to wit: thereof, hereby accept the same Presented and read and agree to perform the condi- ,councilman Thoms movd that tions required therein. th reading just had he considered Dated at Dubuque, Iowa, tbis the first reading of the Ordinance. the Hth day ()f August, 1972. Seconded by Councilman Pregler. William H. Weiblen Vote on the motion was as follows: President Yeas - Cooem!men Pregler, Councilman PregleT moved adop- Thoms. tion of the resolution. Seconded Nays - Mayor MoldenhaueT, by Councilman Thoms. Carried by Councilmen Bitter, Justmann. MO. the following vote: mON FMLEJ>. Yeas - Mayor Moldenhauer, Councilman Thoms moved that Councilmen Bitter, Pregler, the rule requiring an Ordinance Thoms. to be read on three separate days Nays - Councilman Justmann. be waived. Seconded by Council- Jniy 31 1972 man Pregler. Vote on the motion , was as fo]¡\ows: Yeas - Councilmen Pre¡jler, Thoms. Nays - Mayor Moldenhauer Councilmen Bitter, Justmann. MJ)'- TlON FAILED. Councilman Thoms moved that a hearing he held on tbe Ordi- nance on Septemher 5, 1972, at 7:30 P.M. in the Council Cbamher at the City Hail and that the City Clerk be instrueted to publish no- tice of the hearing in the manner required by law. Seconded by Councilman Pregler. Vote on the motion was as full<>ws: Yeas - Councilmen Pregler, Thoms. Nays - Mayor Moldenhauer Councilmen Bitter, Justmann. 140: TlON FMILED petition of Melvin & Leonette Kreiman, requesting a refund in the amoung of $75. on tbe unex- pired portion of cigarette license No. 00, as they have discontinued busines's on July 29, 1972, presented and read. Ma~r Moldenhauer moved that the refund be granted and tbe Auditor instrueted to issue propeT warrant. Seconded by Coun- 372 Honorable Mayor and Council Members The City Nanning and Zoning Commission has held a pw1Jlic hear- ing on a proposed amendment to the :OOning Ordinance of the City of Dubuque, Iowa, to establish a subsection (n) of Section 2 of Ar- tiele IV, to permit medieal ()!flees and specified aeeessory uses in certain described portions of the Multiple Residence District. The provisions of this amendment woold include but not be Jimited to property ()f Mercy :Medical Cen- ter as described in the attached Ordinance. The Commission has determined the .proposed amendment to be in accordance with its policies for future development of h()spital areas, and therefore recommends it adoption. CITY I'!LANNING AND ZONiNG OOMMJSSlON Daniel Dittemore Development Planner Councilman Pregler moved that the recommendation be received and filed. Seconded by Council- Regular Session, August 7, 1972 373 cilman Bitter. Carried by the fol- l<>wing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Flora,nce Deutsch, re- questing a refund in the amount of $225., on the unexpired por- tion of beer license No. 1138, as he has discontinued business on June 30, 1972, presented and read. Mayor Moldenhauer moved that the refund he granted and the Auditor instructed to issue proper waiTan!. Seconded by Oouneiiman Bitter. Oan-ied hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nay. - None. Petitåon of D, A. V. Fighting Back Chapter No.6, requestin.g I permission to conduct a Forget Me Not Flower Drive on August 11th & 12th, or August 25th and 26th, presented and read. Council- man Bitter moved tbat the Petition be grauted and referred to the Manager for implementation. Se- conded by Mayor Moldenhauer. Cal'ried by the foll()wing vote: Yeas - Ma'yar Moldenhau.., Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petition for suspension of taxes by Helen M. Bradley, a. submit- ted by the County, on account of ÎlIfinnity and ()ld age, on N. 20' of N. 40' of Lot 8011 A. McDaniels Sub. located at 1349 Dell Street, I presented and read. Councilman Bitter moved that the petition be referred to the Manager and City Solicitor. Seconded by Councilma.n Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen B i ,t t e r, Justmann, Pregler, Thoms. Nay.s - None. Proof of Puhllicati()n, certUied to by the Publisher, of Notice to con- tractors of the receipt of propo- sals for the construction of Liebe Street Sanitary Sewer 8"-1972, pre- sented and read. Councilman Pregler moved that the proof of publication be received and filed. Sconded hy Mayor Mold- I enhauer, Gamed by the fullowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann. Pregler, Thoms. Nays - None. August 3, 1972 To the Honor"ble Mayor Memhers of the City Council Pursuant to your instructions, sea'led proposa~'s were received un- til 10:00 a.m., CD.S.T., Thursday, August 3, 197:1 for the Lie,be Street Sanitary Sewer, 8 incb - 1972. The lowest hid was entered hy M. F. Goerdt Construction Com- pany. Their bid was 8.7% under the Engineer's estimate. I recommend that the eontract for the improvemem be awarded to the M. F. Goerdt Construction Company. Gi1IJert D. Chavenel1e City Manager Councilman Pregier moved ap. pro\'al of the recommendation. Se- conded by Mayor Moldenhauer. Carried by tbe following vote: Yeas - Mayor Moldenhauer, Councilmen B; t t e r, Justmann, Pregler, Thoms. Nays-None. (Awerding Contract) RESOLUTION NO. 241.72 WHiE!RiEAS, sealed proposals have been suhmitted by contr...- tors fur the Liebe Street SanitaJrY Sewer 8 inch, 11112 pu suan! to Resolution No. 216-72 and notice to bidders published in a news- paper published in said City on July 10, 1972 and July 17, 1972; and Wß:E~EAS, said sealed propo- sals WeTe opened and read on Au- gust 3, 1972, and it has been de- termined that the hid of M. F Goerdt Construction Co. of Dubu- que, Iowa in the amount of $3,2œ.3() was the lowest bid for the fur- nishing of aU tabor and materiail-; and performiug the work as pr0- vided fur in the plans and spedfi- calJlons; now therefore, BE Irr RESOLVED by the Oity Couneil of the City of Duhuque that tbe contra'ct fur the "hove mentioned improvement be MVa'rd- ed to M. F. Goerdt Constructio- Co. and the Manager he and he is hereby directed to eJ<..ute a eontract on hehaJf of the City of Dubuque for the complete perfor- mance of said work. BE Irr FURTHIER RESOLVEiD, that upon the signing of said eoD- 374 Regular Session, August 7, 1972 tract and the approval of the con- the proposal to dispose of the in- tractors bond the City Treasurer terest of the City of Dubuque to is authorized and instructed to re- Lot 2 of Block 4 and the North turn the bid deposits of the unsuc- 43 fee< of L()t 1 (Lot 2 of Lot cessful bidders. 1 ()f Block 5) of Block 5 in Do- Passed and adopted this 7th day buque Downtown Plaza, also known of August, 1972. as Parcel 2 and the North 43 feet Wayne A. Moldenhauer of Parcel 6 in Block 2 of the Mayor Downtown Urban Renewal Project, Walter A. Pregler Iowa R-J.5 to Franchise Realty In- Allan T. Thoms terstate Corporation; and C. Robert Justmann WHEREAS, pursuant to said re- Joseph J. Bitter oolution a copy of the Redevelop- Attest: er's Statement for Public Disclo- Leo F. Frommelt sure and a copy of the proposed City Clerk form of Contract for Sale of Land Councilman Pregler moved adop- for Private Redevelopment was tion of the resolution. Seconded placed on file in the office of the by May()r Moldenhauer. Carried City Clerk for public inspection; by the following vote: and Yeas - Mayor, Moldenhau..., WHE,REAS, the City Council of Councilmen Bit t e r, Justmann, Dubuque, Iowa, overruled any and Pregler, Thoms. all objections, oral and written, Nays - None. to the proposa~ to dispOse of said Proof of Publication, eertified to interest of the City of Duhuque by the publisher, of Legal Notice in the above described røal es" of Hearing to conS<ider the authori- tate to Franchise Realty Interstate zati()n of the execution of proposed Corporation; now therefore a.grcements between the City and BE IT RESOLVEJD BY THE 01- Franchise Realty Interstate Cor- TY COUNOlL OF THE OIII'Y OF poration for the purchase of Par- DUBUQUE, IOWA: eel 2 and the North 43 feet of Section 1. That the Mayor and P'areel 6 in Block 2 in Urban Re- City Clerk he and they are berel>y newal, presented and read. authorized to entør into a Contract No written objections were filed for Sale of Land for private Re- and no oral objectors were present development in accordance with in the Council Chamber at the the terms of the Disposition Do- time set for the public hearing. cuments governing such sale with Councilman Thoms moved that Franchise Realty Interstate Corpo- the proof of publication be re- ration for the real estate known ceived and filed. Seconded by as Lot 2 of Block 4 and the North Councilman Pregler. Carried by 43 fee< of Lot 1 (Lot 2 of Lot the following vote: 1 of Block 5) of Block 5 in Du- Yeas - Mayor Moldenhauer, buque DownWwn Plaza in the City Councilmen Bit t e r, Justmann, of Dubuque, Iowa, containing Pregler, Thoms. 29.767.681 square feet, su1Jject to Nays - None. survey. R:ESOLUTION NO. 242-72 Section 2. That said parcel of Authorizing the execution of a con- real estate shall he sold for $2.50 tract for sale of land for private per square foot for a total price redevelopment with Franchisa of $74,419.20 subject to final sur- Realty Interstate Corporation fey of the land to be conveyed. WHE:REAS,pursuant to Resolu- Passed, approved and adopted ti()n No. 21:1-72 dated July 3, 1972 this 7th day of August, 1972. and a Notice of Public Hearing Wayne A. Moldenhauer published in the Telegraph.Herald, Mayor a newspaper of general circula- WaIter A. Pregler tion in the City of Dubuque, Iowa, Allan T. Thoms ()n July 18, 1972 and Jniy 25, 1972, C. Robert Justmann City Council met on the 7th day Joseph J. Bitter of August, 1972 at 7:30 o'clock Attest: P.M. Central Daylight Time, in Leo F. Frommelt the City Council Chambers, City City Clerk Hall, Dubuque, Iowa, to consider Councilman Thoms moved adop- Regular Session, August 7, 1972 tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, PregleT, Thoms. Nays - None. 375 office of the Department of Urban Renewal. Section 2. That the City Clerk be and is herøby authorized and directed to publish notice of puh- lic hearing to be held on Sep- temher '11, 1972 and to make cer- tain documents available for puh- RESOLUTION NO. 243.72 lic inspection. Such notice shall Declaring intent 10 sel'l a portion be substantially in the form of of tho Downtown Urban Renewal Exhibit "A" attached hereto and Project, Iowa R-TS to Canfield Ho- made a part hereof, and such no- tel, Inc. tice may cover one or more pro. WHE~EAS, under date of Au- posals. gust 4, 1900, the Council of the Passed, approved and adopted City of Duhuque approved and au- this 7th day of August, 1972. thorized the receiving of proposals Wayne A. Moldeuhauer for the sale and redevelopment Mayor of certain parcels of real estate Walter A. PregleT in the Downtown Urhan Renewal Allan T. Thoms Project, Iowa R-15; and C. Robert Justmann W!HE:REAS, under <late of Sep. Joseph J. Bitter temher 15, 1969, in res,ponse to Councilmen said offering, a proposaI for the Attest: purchase and redevelopment of a Leo F. Frommelt portion of \he project land was City Clerk received from Canfield Hotel, Inc.; EXHIBIT "A" and LEGAL NOTICE OF HEARING WHEREAS, under date of March Pursuant to Chapter 403 of the 19, 1970, the Canfield Hotei, Inc. 1966 Code of Iowa, as amended, withdrew their said ()ffer and on the City Council of the City of April 13, 1970, was fully refunded Duhuque will hold a puhIichearing all monies paid towards the pur- for the purpose of considering the chase price of said project land; authorization of the execution of and proposed agreements hy and be- WHEREAS, Canfield Hotel, Inc. tween \he City of Dubuque and has suhmitted anew a proposal the developers hereinafter listed to purchase a portiou of the pro- for the purchase and redevelop- j,ct land for redeveiopment; and ment of certain parcels of real WHEREAS, pursuant to Chapter estate located in \he Downtown 403 of the 1966 Code of Iowa as Urban Renewal Project, Iowa R- amended and certain regulations 15 which project includes the area of the Department of Hiousing and bounded hy Fourth Street on the Urhan Development, certain docu- south, Centra[ Avenue on the east, meuts must he made availahle for Ninth Street on the north, and public inspection and a public hear- Locust Street on the west. ing conducted prior to the sale Name of Developer, Canfield Ho. of proje,ct land; now therefore tel, Inc., Address, 66 West 4th BE IT R!ESOLVED BY THE CI. Street, Dubuque, Iowa. TV COUNCIL OF TIlE CITY OF Said hearing will he held in DUiBUQUE, IOWA: Council Chamhers, City Hall, 13,th Section I. That the City of Du- and Iowa Streets, Duhuque, Iowa, huque heTehy declares its intent at 7:30 P.M. on the 1Hh day of after a puhlic hearing, to dispose September, 1972, and any person of the Southerly 65 feet of Lot or organization desiring to be 1 of Block 6, Lot 4 of Block 6, heard will be given an oPPOrtunity and Lot 1 of Block 7 in Dubuque to be beard on tbe question of Downtown Plaza, also known as the proposed dispositions. Parcel 3 and the Southerly 65 feet A "Redeveloper's Statement for of Parcell in the D()wut()wn Ur- Public Disciosure" in the form pre- ban Renewal Project, to Canfield scrihed .hy the Department of Hous. Hotel, Inc. in accordance with the ing and Urhan Development and terms of the Disposition Documents the proposed "Disposition Agree. governing such sale on file in the ment" for ea,ch of said developers 376 Regular Session, August 7, 1972 are on file and ",vaUable for in. Attest: spection at the Dfi'ice of the City Leo F. FrommeR Clerk, City Ha!l, Dubuque, Iowa City Clerk between 8:00 A.M. and 5:00 P.M. Mayor Moldenhauer moved adop- except Saturdays, Sundays, and tion of the resolution. Seconded holidays. Said documents shall a¡so by Councliman Pregler. Carried be available at the time of tbe by the fol1owing vote: public hearing. Yeas - Mayor Moldenhauer Leo F. Frommelt Councilmen Bit t e r, Justmann', City Clerk !'regier, Thoms. Councilman Bitter moved adop- Nays - None. tion of the resolution. Seconded OOUNCLL RECESSED AT 11:05 by Mayor Moidenhauer. Carried P.M. RÆCONiV\ENED AT 11:10 P. by the following vote: M. Yeas - Mayor Moldenhauer, Co~munication and resolution Councilmen Bitter, Justmann, su!>nutted by the City Manager, Pregler, Thoms. carried for,ward fr<>m meeting of Nays - None. July 3, 100:1, requesting considera- tion of authority to execute an RESOLUTION NO. 244.n agreemen1l: for an extra work or- Authorizing the submission of en der with the Iowa State lllghway 8il>Plication to nominate the Or- Commission for Dooge Street cor- pheum Theatre one! site for reo ridor study, presented and read. gistration with the NatiOll8I Re. Councilman Thoms moved that the gister of Hi_ic Plocas matter be referred to the next WHEREAS the City Council of Dfi'icial meeting. Seeonded by Coun- the City of DUb"UqUe b, as endorsed I cilman. Justmann. Oarried h,y the the proposed Five Flags Civic Ceo- followmg vote: ter' and Yeas - Mayor Moldenhauer, 'ÝIiHEREAS, the said proposed Councilmen Bit t e r, Justmann. devel<>pment includes restoration of Preg!.er, Thoms. the Orpheum Theatre; and Nays - None. WHÐREAS, the Five :E'lags Gen- August 2, 19'72 ter Fund, a non-profit organiza- To thl; Hono~e Mayor tion, is soliciting and otherwise and .Clt! CouncIl. raising appropriate monies and re- This IS to adVIse you that the sources t<> restore the theater to City of Dubuque Southern Avenue construct a eommunity center 'and Water Main Extension, a' distance to provide other site improve- <>f 2,230 feet, has been completed ments' now therefore substantially in accordance with BE ' IT RœJSOLViED BY THE plans and specilications by Eeo. CITY OOUNCLL OF 'l1HE CITY n.omy Excavating Company of Lan. OF DUBUQUE roWlA' SIng, Iowa'. ,. Gilbert D. Chavene1le $ect~on 1. That the .Mayor of \ City Manager the C~ty of Du1?uque IS here!>! Councilman Pregler moved that authorlZ~, a.nd direCted ,to subm1\ the communicati<>n be recei, ' ved and an Application to No~IDate the filed. Seconded by Councilman Bit- Orp~eum Theatre and ~lte ~or the ter. Carried by the following vote: NatlOnal Register of HistorIC ~- I Yeas - Mayor Moldenhauer, ces, to the.Nation3l Park Senvices Counclmen Bitter, Justmann, of the UnIted States Department Pregler Th()ms of the Interior through the State Nays' - Non~ Liaison Od!fi~er .for the Na?onal FINAL ÈSTIMATE Trust for HistorIC Preservation. RESOLUTION NO. 245-n l'assed, approved and adopted WHEREAS, the contract for the UHS 7th day of Angust, 1912. City of Dubuque Southern Avenue Wayne A. Moldenhauer water main exiensioo has been Mayor completed and the City Engineer Walter A. Pregl... has submitted his final estimate Allan T. Thoms showing the cost thereof including C. Robert Justmann the cost of estimates, notices, in- Joseph J. Bitter spectIÎ.on, and preparing the asses- eouneilmen ment and plat, now therefore, Regular Session, August 7, 1972 BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is bereby determined to he $19,962.00. That none of the cost tbereof shall be asessable upon private property and $19,962.00 shall he paid from the WlATER,WORKS GE- NEItM. Fund of the City of Du- buque. Passed, adopted and approved this 7th day of August 1972. Wayne A. M()ldenbauer Mayor Walter A. Pregler Allan T. Thoms C. Rohert Justmann Joseph J. Bitter August 3 1972 Councilmen To the Honorable Mayor' Attest: and City Council Leo F. Frommelt We are snhmitting for your "p- City Clerk prov.al the preliminary estimates, 'Councilman Pregler moved adop- plans and specifications and re- tion of the resolution. Seconded soiutions of necessity for the fol- by Councilman Bitter. Carried by lowing: the following vote: Projects as listed under HUD- Yeas - Mayor Moldenhauer, WS-IOWlA.1J9 Councilmen Bit t e r, Justmann, CONTRACT II SECTION I, WA- Pregler, Thoms. l1ERWORKS MODERNIZATION Nays - None. CONI1ItACT II SEOl'ION 2, (A ResolUtion FÐEDER M A I N EXTENiSJON Accepting Improvement) WEST 3= STREET RESOLUTION NO. 246-72 OONTlM.CT II SECTION 3, WHEREAS, the contract for the F,EEiDER MAIN EXTENSION - City of Dubuque Southern Avenue PARK HILL water main extension has heen CONTRACT II SECTION 4, compieted and the City Manager FE'EDER MAIN EXTENSION - has examined the work and filed HIGHWAY #20 his certificate statiog that the same We recommend that the final has heen completed according to plans and specifications, as sub- the terms of the contract, plans mitted hy our engineer's Henning- and specifications and recommends son, Durham & Richardson he ac- its acceptance, now therefore, cepted, that hids he taken and BE IT RESOLVED, by the City contracts he a,warded after finai Council of the City of Duhuque, a'cceptance. by HUD. that the recommendation of the Gilbert D. Chavenelle City Manager be approved and City Manager that said improvement he and the Councilman Pregler moved ae- same is herehy accepted. ceptance of the recommendation BE rr FURTHE'R RESOLVED Seconded hy Councilman Thoms. that the City Treasurer, he and Carried hy the following vote: he is hereby directed to pay to Yeas - Mayor M()ldenhauer, the contractor from the Water- Councilmen Bit t e r, Justmann, works General Fund upon the Pregier, Thoms. ahove described improvement in Nays - None. amount equal to the amount of his contract, less any retained per-¡ RESOLUTION NO. 247.n centage provided for therein. Approval of preliminary pians, Passed, , adopt, ed and approved specifications, form of contract this 7th day of August, 1972. plat and all <>ther documents for 377 Wayne A. Moldenhauer Mayor Walter A. Pregler AMan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. F,rommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Sec<>nded by Councilman Bitter. Carried hy the foilowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. 11\\\1, Regular Session, August 7, 1972 the . coostruction of Contr,act II, Appr<Jl'led: S.ection I, Waterworks MooernWa- Wayne A. Moldenhauer tion-ilm-HUD.WS.IOWA-99, in the Mayor estimated amount of $564,810., pre Walter A. Pregler sented and read. Allan T. Thoms . Councllman Pregler moved adop- C. Robert Justmann bon of ':he resolution. Seconded Joseph J. Bitter by Councilman Thoms. Carried by Councilmen the following vote: Attest: Yeas - Mayor Moldenhauer, Leo F. Frommelt Councilmen Bitt e r, Justmann, City Olerk Pregler, Thoms. Councilman Pregler moved ap- Nays - None. proval of the resolution. Seconded by Councilman Thoms. Carried by (Necessity for Im,provemanf) the following vote: R,ESOLUTION NO. 248.72 Yeas - Mayoc Moldenhauer WHEREAS, proposed plans spe- Councilmen Bit t e r, Justmann: cifications, £arm of contract' have Pregler, Thoms. beeu duly prepared and a,pproved Nays - None. by the City Council of the City (FIXING DAT,E OF HEARING) of Dubuque and are now on file RESOLUTION NO. 249.72 in the office of tbe City Clerk WHEREAS, the City Council of showing among other things the the City of Dubuque I()wa has following: given its preliminary 'appr()val on 1. An estimate ()f the cost of the proposed plans, specifications, the proposed improvement for and form of contract and placed same on file in the office of the CONTRACT 11 SECTION I City Clerk for public inspection for WATERWORKS OONTRACT II sECTION I MI()DERNlZATION 1m WArl'FJRWORKS HUiD"W6-l1OWiA-S9 MODEJRNlZATlON 19'12 BE IT THEREFORE BÆSOLV- HUD-W8-IOWA-S9 ED that the City Council on its BiE IT THEREFORE RiESOIUV- own motion or upon petition of ED th,.t on the 21st day of Au- property owners, deems it advis- gust, 19'12, a public hearing wiU able and necessary for the public be held at 7:30 p.m. in the Coun- welfare to make the hereinmen. cil Chamber of the City of Du- tioned improvement, and unless buque at which time the objectors properlY ()wners at the time of for the proposed improvement may Vhe fina,l consideration of this pro appear and make objection to the posed resoluti()n have on file with proposed plans and specifications the City Clerk objections to the and proposed form of contract, am()unt of the cost of improve- to the coot of the improvement ment, they shall be deemed to and the City Clerk be and he have waived aU ohjections thereto. i~ hereby directed to eause a no. Said improvement shall be con- !tee ~ the iime and. place of such structed and done in accordance hearmg to he,!ublish:d in some with the plans and specifications newspaper publ1~hed 10 the City which have been prepared there- of Dubuque which shall he not f()re by the City Engineer which less than ten (10) days prior to have been approved by the City the da~ fixed fo~ its consideration, Council and are noW on file with and saId Cle~k IS further instruct- the City Clerk. That the cost and ed to adve~se for proposals for eJOPense of making said improve~ t~e eon~truction of the af()remen- ment wili1 he paid from the Wa- tioned Improvement. terworks General Fund and a Fe- ~assed, ad()pted and approved deral Grant. thIs 7th day ()f August, 1m. '!'he above resolution was intro- Wayne A. Moldenhauer ed ~oc due , aPJ?rove~, and. ordered Walter A Pregl placed on file Wlth tbe CIty Clerk Allan T . Th er this 7th day of August, 1972. C. Rob~rt J~'.::~ann . APprov~ and plaeed on file for Joesph J. Bitter final aetion. Couneilmen 378 Regular Session, August 7, 1972 379 Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resOintion. Seconded hy Conncilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. (Ordering Construction) RESOLUTION NO. 250.72 BE 1'1" RIESOINED BY THE C1TY COUiNCIL OF THE CITY I OF DUBUQUE that pursuant to a Resolution of Necessity No. 243- 7'2 which was duly pltssed by this Cou~~OT II SECTION I I WATERWORKS MODERMZATlON 1972 lIDD-WS-IOW A-99 be and the same are here1Jy or- dered and constructed by this Council upon its own motion and with or without the petibion of pro- perty owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and n()w 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 Waterworks General Fund and Federal Grant. BE 1'1" FUR'l1HiER RESOLVED that the City Clerk be and he is bereby ordered and directed to advertise for propos,als for the eon- 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. CESSIrfY shall he in force and eJ'fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 7th day of August, 1972. Wayne A. Moldenhauer ¡¡Ihyor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Couneilman Pregler moved ad()p- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor M()ldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. August 3, 1972 To the Hon()rable Mayor and City Council We are submitting for your ap- proval the preliminary estimates, plans and specifications and re- solubions of necessity for the fol- lowing: Projects as listed under lIDD- WS-IOWA-99 CON'I1RACT II SECTION 1 WATERWORKS MODERNIZATlON CONTRACT II SECTION 2 F,EEDER M:AlN EXTENSION WEST 32ND STREET CONTRACT II SECTION 3 F'EEnER MAIN EXTENSION PARK IDLL CON'J1!M.OT II SECTION 4 F'E'EjJ)ER MAIN EXTENSIDN HIGHWAY #20 We recommend that the final plans and specifications, as suh- mitted by our engineer's Henning- son, Durham & Richardson be ac- cepted, that hids be taken and contracts be awarded' after final acceptance by HUD. Gilhert D. Chavenelle City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Thoms. Carried hy the fdIlowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. R,ESOLU'I'ION NO. 251.72 Preliminary Estimate and appro. val of plans, spees., form of con- tract, and all other documents for the construction of Contract II, Section 2 West 3I2nd Street-SeeUon 3 Park Hill-Section 4 Highway 20- Waterworks Improvements 1 9 7 2 Feeder Main Extension HUD-WS- IOWA"99. in the estimated amount of $495,491. presented and read. Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Thoms. Camed by the £allowing vote: Yeas - Mayor Mdldenhauer, Councilmen Bit t e r, JustlDiann, Pregler, Thoms. Nays - None. 380 Regular Session, August 7, 1972 (Necessity for Improvement) Councilman Bitter moved appro- RESOLUTION NO. 252-72 val of the resolution. Seconded by WlIEltEAS, proposed plans, ope- Councilman Thoms. Carried hy the cifications, form of contract have following vote: been duly prepared and approved Yeas - Mayor Moldenhauer, by the City Council of tbe City Councilmen Bit t e r Justma'nn of Dubuque and are now on file Pregler, Thoms.' ' in the office of the City Clerk Nays - None. showing among <>ther things the foll()wing: (FIXING DATE OF HEARING) 1. An estimate of the cost of RESOLUTION NO. 253-72 the proposed improvement for WHEREAS, the City Council of CONTRACT II the CIty of Dubuque, Iowa has SECTION 2 - WEST 32ND STREET given its preliminary approval on SECTION 3 - PARK IlILL ' the proposed plans, specifications, SECTION 4 - IDGHWAY #20 and form of contract and placed WATERWORKS same on file in the offiee of the IMPROVEMENT - 1972 City Clerk for public inspeCtion FEEDER MAlN EXTEJNSION for HUD-WS-IOWA-OO CONTRACT 11 BE IT TllEltEJFORE RESOLV- \ SECTION 2 - WEST 32ND STREET ED that the City Council on its SECTION 3 - PARK IlILL own motion or upon petition of SECTION 4 - mGHWAY #2J property owners, deems it advis- WATERWORKS "ble and necessary for the public ]MPROVEMENT - 1972 welfare to make the hereinmen- F1EEDER MAIN ExTENSION tioned improvement, and unless HUD-WSJOWAOO property ()wners at the time of BE IT THEREFORE RESOW- tbe final consideration of this pro- ÐD that on the 21st day of Au- posed resolution ha,ve on file with gust, 1972, a public hearing will the City Olerk objections to the be held at 7:30 p.m. in the Cou!ll<:il amount of the cost of improve- Chamber of the City of Dubuque ment, they shall be deemed to at which time tbe objectors f()r have waived all objections thereto. the proposed improvement may ap- Said improvement shall be con- pear and make objection to the structed and done in accordance proposed plans and specifieations with the plans and specifications and pr!>pOsed form of contract, whiCh have been prepared there- to the cost of the improvement fore by the City Engineer which and proposed form of contract, have heen approved by the City to the cost of the improvement Council and are nOW on file with and the City Clerk be and he the City Clerk. That the cost and is hereby directed to cause a n<>- eXpense of making said improve- tice of the time and place of such ment will be paid from the Wa- hearing to be published in some terworks General Fund and a Fe- , newspaper published in the City der"l Grant. \ of Dubuque which shall he not The above resdlution was intra- less than ten (10) days prior to duced, approved, and ordered the da~ fixed fo~ its consi~eration, placed on file with the City Clerk and said Clerk IS further Instruct- this 7th day of August, 1972. ed to adverti.se for proposals for Approved and placed on file for t~e con~truction of the aioremen- final action. boned Improvement. A ed Passed, ,adopted and approved ppnOY : this 7th day of August, 1972. Wayne A. Moldenhauer Wayne A. Moldenhauer Mayor Mayor Walter A. Pregler Walter A. Pregler Allan T. Thoms Allan T. Thoms C. Robert J?stmann C. Robert Justmann Joseph ~. BItter Joseph J. Bitter Councilmen Councilmen Attest: Leo F. Frommelt City Clerk Attest: Leo F. Frommelt City Clerk Regular Session, August 7, 1972 381 Councilman Bitter moved adop- tlon of tbe resolution. Seconded tion of the resolution. Seconded by Councilman Thoms. Carried by by Councilman Thoms. Carried by the following vote: the following vote: Yeas - Mayor Moldenhauer, Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann Councilmen Bit t e r, Justmann, Pregler, Thoms. ' Pregler, Thoms. Nays - None. Nays - None. August 3, 1m (Ordering Construction) 1'0 tbe Honorll!ble M,ayor RESOLUTION NO. 254.72 and City Council BE IT RESOLVED BY THE We are submitting for YOur ap- OITY COUNCIL OF THE OITY proval the preliminary estimates, OF DUBUQUE that pursuant to plans and specifications and reso. a Resalution of NecesSiity No. 252- lotion of necessity for the following 72 which wa.s dUly passed by this project listed under HiJD.WS-IO- Council fur WA-99. CON'I1R>\CT II OONmRACT I SEOTION 2 - WEST 32ND STREE'I' GENTER GROVE VAlLEy SEC"I1ION 3 - PARK HI'!JL SAMTARY lNTÐRCEPTOR SEC'.\1ION 4 - HliGŒJiWAY #20 SEWER 1972 WATEtRWORKS We recommend that the final lMPiROV:EJMENT - 1m plans and specifications as sub- FÐEIDER MMN EXTENSION mUted be accepted, that bids be HUD-WS-IOWA-OO taken and contracts be awarded be and the .ame are hereby or- lI1!ter fin.,l acceptance by HUD. dered and constructed by this Gilbert D. Obavenelle Council upon its awn motion and City Mana,ger with or without the petition of pro- Councilman Bitter moved that perty ()WDers. All the work sball the communication be received and be constructed in accordance witb filed. Seconded by Councilman the plans and specifications here- Pregler. Carried by the following tofore adopted and now on file vote: in tbe office of the City Clerk. Yeas - Mayor Moldenhauer, BE IT FURTHER RESOlNED Councilmen Bit t e r, Justmann, that the cost a,nd ""Pense of the Pregler, Tboms. s'aid impmvement be paid from Nays - None. the Waterworks General Fund and RESOLUTION NO. 255.72 Federal Grant. Approval of preliminary Esti- BE IT FURrnER RESOLV:ED mate, proposed, plans, s,pecs., fOJ'm that the City Clerk be and he of contr""t and all other documents is berehy ordered and directed to for the construction of Contract ad'vertise for proposals for tbe con- No.1 Center Grove Valley Sani- struction of the "arious improve- tary Interceptor Sewer 19n-HlJ!I) ments herein provided for in the project Number WS,IOWA-99, in manner provided by law. an estimated amount of $317,5[3.00 BE IT FURTHER. IM:ISOINED presented and read. that this res"Iution heing deemed Councilman Bitter moved that urgent and of IMMEDMTE NE- the resolution be adopted. Second- OESSITY shall he in force and ed by Councilman Pregler. Carried effect from and after its passage by the foll<>wing vote: and adoption by the City Council. Yeas - Mayor Moldenhauer, Passed, adopted and approved Councilmen Bit t e r, Justmann. this 7tb day af August, 1972. Pregler, Thoms. Wayne A. Moldenbauer Nays - None. Mayor ('Necessity for ,Im,provement) WaIter A. Pregler RESOLUTION NO. 256.72 Allan T. Thoms W!HEREAS, ,proposed plans, spe- C. Robert Justmann cifications, furm of contract have Joseph J. Bitter been duly prepared and approved Councilmen by tbe City Council of the City Attest: , I of D. wbuque and "",' e now 'OBi. I1e Leo F. Frommelt in the office of tbe City Clerk City Clerk showing among other tbings the Councilman Bitter moved adop- following: I'.~I , , II', , , 382 Regular Session, August 7, 1972 ----------' .----- same on file in the office of the City Clerk for public inspection for 1. An estimate of the cost of the proposed improvements for CONTRACT NO.1 CENTE'R GROVE vALLEY SANITARY lNTERCEJM'OR SEWER Hm H\ID-W&-IOWA-OO BE IT THEREFORE RESOlN- EÐ that the City Council on its own motion or upon petition of I property owners, deems it advis- able and necessary for the public weHare to make the bereinmen- tioned improvement, and unless property owners at the time of the final consideration of this pro- posed resolution have on file with the City CIeri< objections to the amount of the cost of improve- ment, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been pl"'pared there- I fore by the City Engineer whiCh have been approved by the City Council and are now on file with the City Cicrk. That the cost and expense of making said improve- ment will be paid from the Sani- tation Se.wage Rental Fund and a Federal Grant. The above resolution was intro- duced, approved, and ordered placed on file with th~ City Olerk this 7th day of August, 1972. Approved and placed on file for final action. A-PProved: Wayne A. Moldenhauer Attest: Mayor Leo F. Frommelt Walter A. Pregler City Clerk Allan T. Thoms Councilman Bitter moved adop- C. R()bert Justmann tion of the resolution. Seconded Joseph J. Bitter by Councilman Pregl~r. Carried Councilmeu by the following vote: Attest: Yeas - Mayor Moldenhauer, Leo F. Frommelt Councilmen Bit t e r, Justmann, City Clerk Pregler, Thoms. Councilman BitteT m""ed awro- Nays - None. val of the resolution. Seconded (Ordering Construction) by Councilman Pregler. Carried RESOLUTION NO. 258.72 by the following vote: BE IT RESOLVEiD BY THE Yeas - Mayor Moldenhauer, OITY COUNCIL OF THE CiTY Councilmen Bit t e r, Justmann, OF DUBUQUE that pursuant to Pregler, Thoms. a Resolution of Necessity No. 256- Nays - None. 72 which was duly passed by this (FIXING DATE OF HEARING) Council for RESOLUTION NO. 257.72 CONTRACT NO. 1 WHEREAS, the City Council of CENTER GROVE VALLEY the City of Dubuque, Iowa has SANiTARY INTERCEPTOR given its preliminary approval on \ SEWER 1m IRID-WS.IOWA-99 the proposed plans, specifications, be and the same are h~reby or- and form of contract and placed dered and constructed by this CONTRACT NO.1 CENTER GROVE VALLEY SlAN'!TARY INTERCEPTOR SEWEŒt 1972 HlID.WS-IOWA-OO BE IT THE'REiFORE RESOLV- ED that on the 2.1st day of Au- gust, 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 ap- pear and make objection to the proposed plaus and specifications a~d proposed form of contract. to the cost of the improvement and the City Cl~rk he and he is hereby directed to cause a no- tice of the time and place of such hearing to he published in some newspaper published in the City of Dubuque which shall be not lcss than ten (10) days prior to the day fixed for its considHation, and said Clerk is further instruct- ed to advertise for proposals for the construction of tbe aforemen- tioned improvement. Passed, adopted and approved this 7th day of August, 1972. Wayne A. Moldenhau~r Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J .Bitter Councilmen Regular Session, August 7, 1972 383 Council upon its own motion and solidation, and required flow mea- with or without the petition of pro- suring and sampling devices. perty OWuers. All the work shall We recommend that the final be constructed in accordance with plans and specifications, as suh- the plans and specifications here- mitted .hy Our Consulting Engi- tofore and now on file in the office neer's Henningson, Durham & Ric. of the City Clerk. hardson and Cullen-Schiltz & As- BE IT FURTHER RESOLVED sociates, he accepted, that hids that the cost and expense of the be taken and contracts be award- said improvement be paid from ed. the Sanitation Sewage Rental Fund Gilbert D. Chavenelle and Federal Grant. City Manager BE IT FURTHER RESOLVED Councilman Pregler moved that that the City Clerk he and he the communication be re,ceived aud is hereby ordered and directed to filed. Seconded hy Councilman Bit- advertise for proposals for the con. ter. Carried by the followin,g vote: struction of the various improve- Yeas - Mayor Moldenhauer. ments herein provided for in the Councilmen Bit t e r, Justmann, manner pr()vided by law. Pregler, Thoms. BE IT FURTHER RESOLVED Nays - None. that this resolution heing deemed RESOLUTION NO. 259-72 urgent and of IMM'EDIATE NE. Approval of preliminary plans CESSITY shaH be in force and specs., form of contract, plat, and effect from and after its passage all other documents for the con- and adoption by the City Council. struction of Phase II, Waste Water Passed, adopted and approved Treatment Fa'CÎlities, Contract II this 7th day of August, 1972. consisting of dome type covers on Wayne A. Moldenhauer existing trickling filters and pri- Mayor mary clarifiers, a building struc- Walter A. Pregler ture over the grit and grease ba- Allan T. Thoms sin, complete odor control system C. Rohert Jnstmann reqIrired ventilation modifications, Joseph J. BItter site preconsoHdation and required Councilmen flow measuring and sampling de- Attest: vices, at an estimated cost of Leo F. Frommelt $1,100,000.00, preseuted and read. City Clerk Councilman Pregler moved that Councilman Bitter moved adop- the resolution be adopted. Second- tion of the resolution. Seconded ed by Councilman Bitter. Carried by Councilman Pregler. Carned by the following vote: by the foHowing vote: Yeas - Mayor Mo1denhauc: Yeas - Mayor Moldenhauer, Councilman Bit t e r, Justmann, Councilmen Bit t e r, Justmann, Pregler, Thoms. Pregler, Thoms. Nays - None. Nays - None. (Necessity for '"",rovement) August 4, 1m RESOLUTION NO. 260-72 To the Honorable Mayor WHEREAS, pr()posed plans, spe- and City Council cifications, form of contract have We are submitting for y~ur ap- been duly prepared and approved proval the preliminary estImates, by the City Council of the City plans and specifications and re- of Dubuque and are now on m, sülution of necessity for the fol- in the office of the City Clerk lowing project. showing a'mong other thingS the PHASE II following: WASTE WATER TREATMENT 1. Ao estimate of the cost of FACILiTIES the proposed improvement for OON'J1RACT II PHASE II This contract consists of dome WASTE WATER TREATMENT type covers on existing trickling FACILITIES fi'ters and primary clarifiers, a CONTRACT II building structure over the grit This contract consists of dome and grease basin, complete odor type Covers on existing trickling control system and required venti- filters and primary clarifiers, c lation modifications, site preeon. building structure over the grit 384 Regular Session, August 7, 1972 and grease basin, complete odor control system and required venti. lation modifications, site preconso- solidation, and required flow mea. suring and sampling devices. BE IT THEREFORE ß;ESOIN. ED that the City Council on it, own motion or upon petition of property owneTS, deems it advis- able and necessary for the public we1diare to malœ the hereinmen- tioned improvement, and unless property owners at the time of the final consideration of this pro- I posed resolution have on file with the City Clerk objections to the amount of the cost of improv ment, they shall be deemed to have waived all objections therete, Said improvement shall be con- structed and done in accordanc with the plans and specifications which have heen prepared th fore by the City Engineer which have heen approved by the Cit Council and are now on file with the City Clerk. That the cost a: expense of making said improve- ment will be paid fr()m the Se tation Sewage Rental Fund and a Federal-State ,Grant. The above resolution was intro- dueed, approved, and ordereò placed on file with the City Clerk this 7th day of August, me. Approved and placed on file for final action. Approved: Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen City Clerk for public inspection for PlHASE H WiAST,E WATER TREA'l1M'ENT F AIŒLl'TIES CONTRACl' N This contract consists of dome tYI>e covers on existing trickling filters and primary clarifiers, a building structure over the grit and grease basin, complete odor control system and required ven- tilation modifications, site precon- solidation, and required flow mea- suring and sampling devices. BE IT THEREFORE RESQIJV- ED that on the 21st day of Au. gust, 197e, a public hearing will be held at 7:30 P.M. in the Oouncil Chamher of the City of Dubuque at which time the objectors for the proposed improvement ma.y aP- pear and make objection to the proposed plans and specñcations and proposed form of contra.ct, to the cost of the improvement and the City CleTk be and he is hereby directed to cause a no- tice of the time and place ()f such hearing to be publisbed in some newspaper publisbed in the City of Dt>buquewhiCh shall be not less than ten (10) days prior to the day fixed for its consideration, and s.ald Clerk is fwther instruct- ed to advertise for proposals for the construction of the aforemen- tioned improvement. Passed, adopted and approved this 7th day of August, 1972. Wayne A. MoldenhaueT Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Josepb J. Bitter Coun<:i1men Regular Session, August 7, 1972 72 which was duly passed hy this August 4, Urn! Oouncil for Street Commissioner Cletus Allen l'HASE II has made arrangements with the WAS'l1E WATER TREATMENT county and school districts for the FACILITIES joint purchase of such supplies as CONTRACT II motor fuel and tires. This contract consists of dome 1 am attaching his letter re- type COvers on existing trickling commending a proposed resolution filters and primary clairifiers, a that the city. enter into a coopera- building structure over the grit tlve purchaslOg arrangement with and grease basin, complete odor the county and the schools. control system and required venti- I request that you favorably con- lation modifications, site preconsol- sider the ~esolution. idation, and required flow mea- GÜbert D. Chavenelle suring and sampling devices, be Clty Manager and the same are hereby ordered Councilman Bitter moved that and constructed hy this Council the communication be received and upon its own motion and with or and filed. Seconded by Council- witbout the petition of property man Pregler. Carried by the fol- owners. All the work shall be con- lowing vote: structed in accordance with the Yeas - Mayor Moldenhauer, plans and specifications heretofore Councilmen Bit t e r, Justmann, adopted and now on file in the Pregler, Thoms. office of the City Clerk. Nays - None. BE I'll FURTHER RESOLVED RESOLUTION NO. 263-72 that the cost and expeuse of the WHEREAS, the Citizens and said improvement be paid from Ta"payers of the City of Dubuque the Sanitation Se,wa-ge Rental Fund are entitled to economy and elfi. and a Federal-State Grant. ciency in the administration and BE I'll FUJ¡,THER RESOLVED operation of their municipality; that the City Clerk be and he and is hereby ordered and directed to WHEREAS, it is a recognized advertise for proposals for the con- fact that the centralized and coop- struction of the various improve- erative purchasing ventures be- ments herein provided for in the tween various governmental agen- manner provided by la,w. cies results in considerable savings BE I'll FURTHER R'ESOLVED to the community; and that this resolution being deemed WHEREAS, it is an economical urgent and of LMMEDMTE NE- and practical matter for the City CESSITY shai\1be in force and of Dubuque to participate in such effect from and after its passage a program for the purchasing of and adoption by the City Council. such items as general supplies, Passed, adopted and approved gasoline, motor oil, fuel oil, tires, this 7th day of August, 197.2. and-or other related or non-related Wayne A. Moldenhauer items; and Mayor WHEREAS, the City Oouncil of Walter A. Pregler the City of Dubuque desires to Allan T. Thoms be a party to the joint purchasing C. Robert Justmann effort being developed betwe,en the Jese,ph J. BitteT various agencies in Dubuque Coun- Councilmen ty; Attest: NOW THEREFOR.E BE I'll RE- Leo F. Frommeit SOLVED by the City Council of City Clerk the City of Duhuque that the City Councilman Pregler mov,ed adop- enter into a cooperative purchasing tion of the resolution. Seconded program with Dubuque County, Ie- by Councilman Bitter. Carried by wa and the Dubuque Community the following vote: and Western Dubuque County Com- Yeas - Mayor Moldenhauer, munity School Districts for the pur- Councilmen Bit t e r, Justmann, chase of items commonly u.ed by Pregler, Thoms. all agencies; Nays - None. BE I'll FURTHÐR RESOLVÐD To the Honorable Mayor that other advancements and ap- and Members of the City Council plications, in the field of coopera- Attest: Leo F. Frommelt City Clerk Attest: Councilman Pregler moved ap- Leo F. Frommelt proval of the resolution. Second- ,City Cle"k ed by Councilman Bitter. c"rried Councilman ,Pregler moved adop- by the following vote: tion of the resolution. Seconded Yeas - Mayor Moldenhauer, by Councilman Bitter. Carried by Councilmen Bit t e r, Justmann, the foBowing vote: Pregler, Thoms. Yea.s - Mayor Moldenhauer, Nays - None. Councilmen Bit t e r, Justmann, (FIXING DATE OF HEARING) Pregler, Thoms. RESOLUTION NO. 761-72 Nays - None. WŒIE'ß;EIAS, the City Council ()f (Ordering Construction) the City of Dubuque, Iowa' has RESOLUTION NO. 762.72 given its preliminary appro,"al on BE rrrRESOíLVEJD BY THE the proposed plans, specifications. CiTY COUNC1L OF 'I.1HE CITY and form of contract and placed OF DUBUQUE that pursuant to same on file in the office of the a Resolution of Necessity No. 260. 385 Regular Session, August 7, 1972 Joseph J. BitteT Councilmen 386 Regular Session, August 7, 1972 Attest: Leo F. Frommelt City Clerk Councilman Bitter m()ved adop. ti()n of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 267-72 WHEREAS, applications for Li- quor licenses were filed by the within named applicants and they have received the approval of this Council, and WHERE,AS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordi- nances relevant thereto and they I have filed prop"" bonds, NOW THEiIŒFORE BE IT RE- SOLVE!!) by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to he is- sued to the foHowing named ap- plicants a Liquor ¡¡ceMe. CLASS "C" (COMMERCIAL) BEE'R & LIQUOR LICENSE James Joseph Klauer, 1646 Asbury Street Passed, adopted and approved this 7th day of August, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen tive purchasing be explored and if practical, expanded in the future. P-assed, approved and adopted this 7th day of August, 197~. Wayoo A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann J'()seph J. Bitter Councilmen bave 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 a!\ City ordi- nances relevant thereto and they have filed proper oonds, NOW 'l1HEREFOOE BE iT BE- SOLVED by the City Council of Duhuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named a,ppli- cants a Liquor license. C,LASS "C" (COMMERCI"'L) BEER & LIQUOR LICENSE Donna M. Ginter, iI42 Main Street Pete S. Sfikas, 401 Central Avenue Passed, adopted and approved this 7th day of August, 197~. 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 hy Counc;!man Justmann. Carried by tbe following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 264-72 WHEREAS, applications for Li- quor licenses have been submitt- ed to this Council for approval and the sa-me have been examined, NOW 11HEREFOOE BE IT RE- BOINE)[) by the City Council of the City of Dubuque, Iowa, that the following applica.tions be grant- ed and license issued upon the compliance with the terms of the IOW'A LIQUOR CONTROL ACT- OHWPfl'EiR l!11-as amended by the 64!th General Assembly, 191'1. CLASS "C" (COMMERCIAL) BEER & LIQUOR LIC-ENSE Donna M. Ginter, 34e Main Street Pete S. Sfikas, 401 Central Avenue l'assed, adopted and approved this 7th day of August, 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 hy Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. ,RESOLUTION NO. 266--72 WHEREAS, applications for Li. quor licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT- OHAPTE'R 131-as amended by the 64!th General Assembly, 191'1. CLASS "C" (COMMERCIAL) BEER & LIQUOR LIC,ENSE J-ames Joseph Klauer, 1646 A&bury Street Passed, adopted and a,pproved this 7th day of August, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried hy the following vote: Yeas - Mayor Moldenhauer, i Councilmen Bit t e r, Justmann, , PregIer, Thoms. Nays - None. Mr. Givens of Beef Supreme Inc. addressed the Council seeking ap- proval for construction of a car wash on J.F.K. Road near the inte sectioo of University & U.S. Highway #20. Some discussion arose a,s to traffic hazards in- volved in the installation of a car wash at this location. The City Attest: Leo F. Frommelt City Clerk Coundlman Bitter moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Coune;!men Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 265-72 WŒJE-REAS, applications for Li- quor licenses were filed by the within named applicants and they 387 Engineer found no unusuaI objec- tion to the installation of the car wash. Mayor Moldenhauer the n moved that the petition be grant- ed. Seconded hy Councilman Preg- ler. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Pregler, Thoms. Nays - Councilman Justmann. There being bo further business Councilman Bitter moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Leo F. FrommeIt City Clerk Approved ....................................197'2 Adopted "...............................1972 .......................................................... .......................................................... .......................................................... ......................................................... .......................................................... Councilmen Attest: """"""""CiÏŸ"Ci~~¡':""""""'- Special Session, August 14, 1972 Special Session, August 14, 1972 to let anyone present address the Council if they so desire. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Mrs. Carl Finzel spoke io be- haH ()Í ber letter by stating that dosing off tbe drive area in the summertime was of n<>t too much concern, however io the winter time it becomes serious, as it is tbe only way to get out, due to the length of time it takes to plough the main thoroughfare. Councilman Pregler moved that the communications be received and filed, and referred back to the Park Board to solicit the aid ()Í the Traffic Department, pos- sibly call a neighborhood meeting. for an equitwble solution. Second- ed by Councilman Bitter. Carried by the foilowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Mayor Mol- denhauer dated August 13, 1972 being a weekly report to the Coun- cil, presented and read. Council- man Pregler moved that the com- munic,ation be received and filed. Seconded by Councilman Thoms. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. 389 388 CITY COUNCIL \ Communication of Mrs. J. Wal]¡¡s Wi"dl, expressing an interest in the purchase of a city'owned lot on Avon Street, known as Lot 9 in M. A. M'eDaniel Sub. in the City of Duhuque, Iowa, presented aod read. Councilman Bit t e r moved that the communieation be referred to the City Manager and City SlJüeitor. Seconded by Coun- cill.man Pregller. Carried by tbe follow:ing vote: Yeas - Mayor Moldenhauer, Couneilmen Bit t e r, Justmmm, Preg!er, Thoms. Nays - None. Notice of Claim of Jnseph P. lfuWng, in tile amount of $æ..61, for da'ma'ge to a mre on his car as the result of striking a sharp piece of cu~b aJt Foye and' Napier Street on August 5, 19'1e, presented and read. Councilman Bitter moVed that tile notice of claim be referred to the City Attorney for iDVestigalion and proper aIe- tion. Seconded by Councilman Pregler. c"rried hy the fuIl1owing vote: Yeas - Mayor MOlidenbauer, Oouocii1men Bitt e r, Justmann, Pregler, Thoms. Nays - None. Notiee of Claim of Julius A. We- Ill, in the amount of $113.86, for damage incurred as the resnlt of a backed-up sanitary sewer at his home at 595 O'Neill St., presented and read. Councilman Bitter moVed that the notice of cla.im be rererred to the City Attorney for inve'stigatioo and proper action. Seconded by CouncRman Pregler. Carried by the foliowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregller, Thoms. Nays - None. Petition of Midwest Developers ro". requesting vacation of a por-!' tion of Stoneman Road, presented and read. Councilman Bit t e r moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Pegler. Carried by tbe fulilowing vote: Yeas - Mayor MoldeIÙlauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - Nnne. Petition of Mrs. William Heid- enreich requesting donation of City truclœ to assist in a newspaper rec~ng drive, presented and read. Councilman Justmann m 0 v e d that the petition be referred to the City Manager to eXJpl\ore the recy- dling idea. Se'conded by Mayor Mo- ldeIÙlauer. Car~ied by the following vute: Y..as - Mayor Moldenhaner, Counci!lmen Bit t e r, Justmann, Pregler. Thoms. Nays - None. Petition for suspension of taxes dne to infumity or old age, sub- mitted by the County of Dubuque, fur property located at 2460 Hill. orest Drive and owned by R~ert G. & Gertrude Ogaard, presented and read. Councilman Bittter moved tbat the ,petitio<! be referred to the City Manager and City At- torney. seconded by Councilman Justmann. Ca~ried by the foIdowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregller, Thoms. Nays - None. Petition of Mark P. MCGovern requesting a refund on the unex- pired portion of cigarette license No. 243, in the amount of $75., as he bas discontinued business on August 8, 1972, presented and read. Couneilman Pregler moved that the refund be granted and the Auditor instructed to issue pro- per warrant. Seconded by Council. man Bitter. Carried by the ful- lowing vote: Yeas - Mayor Moldenhauer, Councilmeo Bit t e r, Justmann, Pregler, Thoms. N"ys - None. Resolution Authorizing the City Manager to exeeute an extra wo~k order with the State Highway Com- mission to cover additional ex. pense in the Dodge Street Corri- dor Study, alUng witb his eommu- nication requesting consideration, bronght forward from previous meetings, presented and read. Councilman Justmann m 0 v e d that the extra eXipenditure be ills. a'ilowed. MOTION DIED FOR LACK OF A SECOND. Councilman Pregler moved that the eo:penditure be authorized. Se- conded by Councilman Thoms. Vote on the motion was as fol- lows: OFFICIAL Special Session, August 14, 1972. Council met at 7:30 P.M. (C.D. T.) Present - Mayor Molcktnhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. City Manager Gil. bert D. Chavenelle. Mayor Moldenhauer read the call and stated that service thereof had been duly made and this meeting is called for the purpose of wcting upon such husiness as may pro- perly come hefore the meeting. I Mayor Moldenhauer presented the name of Keith Malone as an appointment to the Advisory Com- mission to fill the unexpired term oof Rev. Allen Maruyama to June 1, 1974. Councilman Thoms moved ratification of the appointment. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of Iowa S tat e Highway Commission submitting a Utilities Accomodation Permit in connection with proposed construc- tion of a water line along High- way, requesting proper execution, presented and read. Councilman Pregler moved approval of the per- mit and the Manager be given authority to sigu. Seconded b y Councilman Thoms. Carried by the following vote: Yeas - Mayor MoldeIÙlauer, Councilmen Bitter, Justmann. Pregler, Thoms. ~~~m;ni.;'.~~o~ of Mrs. Carl Fin- I zel, in editorial form, beiog an editorial published in the Telegraph Herald, objecting to the construc- tion oof cement posts at the end oof the drive thru Flora Park, to prevent tbrough traffic, presented and read. Communication of Dubuque Park Board submitting various reasons why the parking lot area at Flora had been blocked off, in rebuttal to Mrs. Finzel's letter which ap- peared in the Telegraph Herald presented and read. Councilman Pregler moved that the rules be suspended in order August 9, 1972 To the Honorable Mayor and City Council 1 am returning the petition for street lighting on Brunswick. The area has been investigated by the electrical iospector and it is recommended that a 4000 lumen incandescent fixture be installed on an existing pole at the rear property line, between Z829 and 2S33 Balke Street. Gilbert D. Chavenelle City Manager Mayor MoldeIÙlauer moved ap- proval of the recommendation. Se- conded by Councilman Pregler. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. 390 Special Session, August 14, 1972 Yeas - Counellmen Pregiler, Thoms. Nays - M'ayor Moldenhauer, Councilmen Bitter, Justmann. MOTION LOST. Councilman Bitter moved that the Mayor, Manager and Solicitor make a detailed study of proposal to come back with a recommenda- tion. MOTION DIED FOR LACK OF A SECOND. Councilman Thoms moved tha,t the matter be referred baek to the Manager and City Solicitor. Seconded by Counciiman Pregiler. Councilman Bitter moved to a- mend the original. motion to pro- vide that the Mayor or member of the Council be authorized to sit in on the conference. Seeond- ed by Councilman Justmann. Carried by the fdllowing vote: Yeas - Mayor Moldenhauer, CouncHmen Bitter, Justmann. Nays - Councilmen Pregler, Thoms. ORDINANC,E NO. 47.72 An Ordinance amending and changing Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change certain ~;:":"~UI;,;::~e~:::;;nce ";;;;:~~ I classification to "Business Dis. trict" classification, (Lot 19 of Key Knolls Sub.) presented and read. C<Junciiman Pregiler moved that the reading just had be considered the first reading of tbe Ordinance. Seconded hy Couneiiman Jus t- mann. Carried by the follow- ing vote: Yeas - May 0 r Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Justmann. Carried by the fol- l()wing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, P,-e~leT, Thoms. Nays - None. Councilman Pregler moved that a public hearing be MId on the Ordinance on September 5, 1972, at 7:30 o-clock P.M. in the Coun- cil Chamher at the City Hall and that the City Clerk he instrocted to publish notice of the hearing in the manner required by law, See<>nded hy Councilman Jus t- mann. Carried by the follow- ing vote: Yeas - M'ayor Moldenhauer, Counciimen Bit t e r, Justmann, Pre¡\er, Thoms. Nays - None. ORDINANCE NO. 48-72 An Ordinance amending and changing Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change certain property hereinafter described from "Multiple Residence District" classification to "Business District classification" (22nd Street at Jackson and Whita streets), pre- sented and read. Councilman Pregler moved that the reading just had be considered the first re'ading of the Ordinance. Seconded by CouncíiJman Jus t- mann Carried by the follow- ing vote: Yeas - Mayor Moldemauer, Couneilmen Bitter, Justmann, Pregler, Thoms. Nays - Nooe. Councilman Pregler moved that the rule requiring an Ordinaræe to be read on three separate days be waived. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann. Pre¡\er, Thoms. Nays - None. Councilman Pregler moved that a public hearing be held on the Ordinance on September 5, 1972, in the Council Chamher at the Oity Ran at 7:30 P.M. and that the City Olerk he instructed to publish notice of the hearing in the manner required by law. Se- conded by Councilman Justmann. Carried by the fOl:lowing vote: Ye'as - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. At 9:30 P.M. Councilman Just- mann moved that the Couneil go into executive session to discuss Sewage Treatment rates. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Special Session, August --- Coun.cilmen Bit t e r, Justmann, I Pregler, Thoms. Nays - None. At 11:04 P.'M. the CoUß!Cil recon- vened in regular session. Council- man Bitter mov,ed that negotia- tions on sewage rental re-ports as relating to private industry regu- lations were discussed. Seconded by Mayor Moideuhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. The.re being no further business Councillman Bitter moved to ad- journ. Seconded by Mayor Molden- hauer, Carried by the following vote: Ye'as - M'ayor Moldenhauer, Councilmen Bit t e r, Justmann, I Pregler, Thoms. Nays - None. Leo F. Frommelt City Olerk Approved .........1972 Adopted ..... ...........1972 Councilmen Attest: .... ......................................... City Clerk 14, 1972 391 392 Special Session, August 21, 1972 CITY COUNCil RESOLUTION NO. 268.72 WHEREN>, the Ci.ty of Duhuque has been without tama!> service far many months passed; and WIIIEMJAS, the City has been negotiating with Jeanette Luerkens and William Luerkens, who have petitioned for permit to operate a taxicab service in tbe City of Dubuque; and WŒIEJR;EiAS, Jeanette Luerkens and William Luerkens and the City of Dubuque, Iowa, have reduced terms of agreement in writing re- lating to the issuance of taxicab permits to said petitioners hy the Q!ty of Dubuque, Iowa, and tbat the focm of contNlk:t should be approved. NOW THElREiFORE BE Irr RIE- SOLVED BY THE CITY COUIN- OIL OF THE CITY OF DUBUQUE. roWiA: Section I. That the agreement by and between Jeanette Luerkens and Wi~lliam LueTkens and the City of Dubuque, Iowa, covers tem>s and conditions of the issuanee 0' a taxicah permit or permits dated August 21, 1972, be and the same is hereby approved and confirmed. Section 2. That the Mayoc and City Clerk be and they are here- by authorized and directed to ex- ecute said agreement fur and on behaM of the City of Dubuque, Iowa. Section 3. City Manager is here. with directed to issue taxicah per. mit or permits in accordance with ordinances relating thereto. Section 4. City Council herewith acknowledges and coDJ!irolS that a pu1JLìc hearing has heretofoce been held on the petition for taxi. cab permits and no objections have been made tbereto. Passed, approved and adopted this 21st day of August 1972. Wayne A. MoJdenbaueT Mayor WaUer A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen OFFICIAL Session August 21, 1972. met at 7:30 P.M. (D. S_ial Council S.T.) Present - Mayor Moldenhauer, Councilmen Bi t t e r, Justmann, Pregler, Thoms. City Man ager Gilbert D. Chavenelle. Mayor Moldenhauer read tbe call and stated that servtice thereof had heen duly made and this meet. ing is calied for the purpose of conducting a .public hearing on wa- terworks moderni..tion - W. 32nd Street, Park Hill, Highway #211 feeder mains - Center Grove Val. ley sewer - Waste water treat. ment facilities, and acting upon sucb other business as may pro- peI'iy come before a regular meet- ing of the Council. Communication of Cal Murdœk of the Recreation Department sub- mitting a report on bicycling, pre- sented and read. Mayoc Moldeuhaue moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seeond- ded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Moldenhauer, Coune~men Bitt e r, Justmann, Pre~er, Thoms. Nays - None. CaQ Murdock spoke to the Council as to future plans for the bicyclists. Some requests were made as to possible bicyclle routes and tra£fic regulations. Couneìlman Justmann moved that the report be referred to the City Manager witb eadiest report to the Council. Seconded by Mayor Moldenhauer. Carried by the f()!lowing vote: Yea's - Mayor Moldenhauer, Councilmen Bit t e r, Jus1Jmann, Pre!'JÍer, Thoms. Nays - None. petition of Damaris Eichman et al (containing 2850 signatures) sup. porting bikeways the City of Du. buque, presented and read. Coun- cilman Bitter moved the the peti. \ tion be received and Ñled. Se. conded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pre~er, Thoms. Nays - None. Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Oarned by tbe following vote: Yeas - May 0 r Moldenhauer, Special Session, August 21, 1972 393 Councilmen Bit t e r, Justmann, of Dubuque, Iowa, and is owned Pregler, Thoms. by Mr. Milton Bader, 743 Bluff Nays - None. Street, Dubuque, Iowa, and Mrs. Communication of Mayor M()ld- Byrdena Bader, 1264 Unive,rsity enhauer, dated August 20, 1972, Avenue, Dubuque, Iowa. submitting his weekly report to Donald J. Bandy the Council, presented for filing. Building Commissioner Councilman Bitter moved that the Robert N. Duuphy communication be received and Fire Chief filed. Seconded .by Councilman Harold F. Zimmerman Pregler. Carned by the following Housing Inspector vote: After receiving this report, I per. Yeas - May 0 r Moldenbauer, sonally inspected tbe premises. Councilmen Bit t e r, Justmanu, As a result of this inspection Pregler, Thoms. on June 21, 1972, I prepared the Nays - None. foIlowing uotice. June 21, 1972 Printed Council proceedings for Notice the montb of May 1972, presented Mrs. Byrdena Bader for approval. Councilman Pregler 1264 University Avenue moved that the printed Council Dubuque, Iowa 52001 proceedingS for the month of May Dear Mrs. Bader: 1972 be approved as printed. Sec- 1 have personaIly inspected the onded by Councilman Bitter. Car- building known as 256() Elm ried by the following vote: Street, Dubuque, Iowa, and I""ated Yeas - May 0 r Moldeubauer, on Lot 83 in E. Langworthy Addi- Councilmen Bit t e r, Justmann, iion, City of Dubuque, Iowa, and Pregler, Thoms. find the conditions as they have Nays - None. been reported to me by the Build- To The Honorable Mayor and ing Commissioner, Fire Chief and City Council the Housing Inspector substantially During the past few months correct. A copy of whose report many complaints have been re- is hereto atta'cbed and by refer- ceived regarding the condition of ence made a part bereof. a structure and premises located According to City Ordinance No. at 2560 Elm Street, Dubuque, Iowa. 35.52, you are berøby given ten I directed the various City De- (10) days notice to dismantle the partments to make a complete in. building and clean up the premises. spection of this dwelling and premo Gilbert D. ChaveneIle ises. This inspection was made on City Manager June 20, 1972, and the following City of Dubuque, Iowa is the report: June 21, 1972 June 20, 1972 Notice Gilhert D. Ohavenelle Mr. Milton J. Bader City Manager 743 Bluff Street Dear Sir: Dubuque, Iowa 52001 On Februa,ry 1, 1971, a fire Dea'r Mr. Bader: caused extensive damage to a two- I bave personally inspected the story, brick and frame, single fam. building known as 2560 Elm Street, ily building at 2560 Elm Street, Dubnque, Iowa and located on Lot Dubuque, Iowa. 83 in E. Langworthy Addition, City As the result of tbe Ñre this of Dubuque, Iowa, and find the building was posted by tbe City conditions as they bave been reo of Duhuque Housing Department ported to me by the Building Com- as unfit fur human bab,jia,tion. missioner, Fire Chief and tbe Hous- The conditions that are present ing Inspector substantiaily correct. offer a definite fire hazard, a A copy of whose report is hereto breeding pla,ce for rats, an attrac- I atta,ched and by reference made tive nuisance far children and a a parr! bereof. det11iment to this area. I According to City Ordinance No. We recommend that immediate, 35-52, you are hereby given ten steps be taken to rectify tbis con. ! (10) days notice to dismantle the dition. i building and clean up the premises. This building is lœated on Lot I Gilhert D. Chavenelle S3 in E. Langworthy Addition, City I City Manager Special Session, August 21, 1972 ()f Iowa provides in sul>stance that a person wbo by reason of age of infirm;!y is unable to contri- bute to tbe public revenue, may file a sworn petition, with sup- portin,g data, wi1Jh the Board of Supervisors, which may tbereafter order the County Th'easurer to sus- pend the coll.ection of taxes for the eurrent year or the Board may cancel and rem;! said taxes, pro- vided that such petition shall have first been a,pproved by the City Council. In view of the foregoing and in view that the Board of Super- visors have examined and been adv,ised of the facts and in view of tbe fad that the supporting data clearly shows the eligibility of tbe petitioner for relief, I re- commend City Council approval to each petition. R. N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation and directed Clerk to sign the appli- cations. Se<:onded by Councilman Pregler. Carried by tbe foll.owing vote: Yeas - M'ayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays - None. August 1Q, 1972 Honorable Mayor and City Councilmen Mr. Carl J. Danglemeyer filed claim against tbe City of Dubu- que claiming damages as a result of seeping water from a service line, and c!:a,iming damages there- from in the amount of $428.80. This claim was referred by the City Attorney to the appropriate city agency who has advised tbe City the they have denied said cl.aim. Alecordingly, it is recommended that said claim he denied. Original claim is returned here- with. R. N. Russo City Attorney Councilman BitteT moved appro- 'i'al of the recommendation. Se- conded by Councilman Pregler. Canied by the fonowIDg vote: Yeas - Ma.yor Moldenhauer, Councilmen Bit t e r, Justmann, Pr.egier, Thoms. Nays - None. 394 July 20, 11m The notice has not been com- plied with and I recommend to the City CouncR that the provi- sions of Ordinance No. 35-~ be enforœd and that the owner of said bnilding known as 2580 Elm Street, DulJuque, Iowa, and located on Lot 83 in E. Langwortby Addi- tion, City of Dubuque, Iowa, be required to dismantle said build- ing and clean up the premises. 'Gilbert D. Chavenelle City Manager Counei!.man Bitter moved appro- val ()f the recommendation and the Clerk he instruded to pul>lish proper notice and a publi<: hearing he held on September 11, 1972. Seeonded by Councilman Pregler. Carried by tbe foll()wing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r. Justmann, Pregler, Thoms. Nays - None. August 18, 1972 To the Honorable Mayor and City Cooncil I herewifu sul>m;! the repovts of the City Auditor, City Treasur- er, Water superintendent, Health Department, as weJil as a list of cIabn" paid for the montb of July 11m. Gilbert D. CJhavenelle City Manager Councilman pregler moved that tbe reports he received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays - None. August 15, 1972 HonorabJe Mayor and City Council On July 21, 1972, Petition f()r Suspension of Taxes by Helen M. Bradley was referred to City Coun- cil by Leo Ungs, Admini.strator of Institutional A<:counts, and on Angus1: 9, 1972, Petition for Sus- pension of Rea! Estate Taxes by Robert G. Ogaard was referred to the City Council by Leo Ungs, Administrator of Institutional Ale- counts. Each of the foregoing petitions was referred to the City Attorney, who reports thereon and rec()m- mends approval by the City Coun- cil of eaeh of said petitions. Section 427.8 of the 19711 Code Special Session, August 21, 1972 395 August 17, 1972 therein for the dispensing of drugs, HonoraJble Mayor and presented and read. Mayor Mol- City Council denhauer moved that the petition That John B. Mayr filed a he referred to the City Attorney claim against the City of Dubuque for proper action. Seconded by claiming damages in the amount Councilman Pregler. Carried by of $250.00, and this matter was the following vote: referred by the City Attorney who Yeas - M,ayor Moldenhauer, was advised on June 23, 1972, that Counciimen Bit t e r, Justmann, it had settled said claim with the Pregler, Thoms. claimant in the amount of $204.21. Nays - None. Accord,ingly, said file should be Proof of Publication, certified to considered closed, and tbe origina'¡ hy the Pwblisher, of Notice of time Cia', im is 'attach edhereto., ' I and p lac, e 'to dispose of int e, re, st R. N. Russo in real estate, heing a vacated City Attorney public street lying within portions Coundlman Bitter moved a¡>poo- of Bethany Addn. & St. F'rancis val of the "",ommendation. Se- Sub. being deseribed as Lot A conded by Councilman Pregler. ()f 1 of 1 of Bethany Addn. Lot Carried by .the following vote: A of 4 of St. Francis Swb., Lot Yeas - Mayor Moldenhauer, A of 1 of 1 of 3 of St. Francis Coundîlmen Bitter, Justmann, Sub (except WAil' of N.l32O') Lot Pregler, Thoms. A of 1 of 2 of 1 of 3 of St. Nay,s - None. Frands Sui>. (except W.4(f' of N. Notice of claim of Thomas J. 1320') Lot A of 2 of 3 of St. Bardon, in the amount of $116.44, Francis Sub. (eJœept W.4(f' of N. for property damage incurred as 132!J') all in Section 12, 'l1wt> æ the result of a hacked-up sanitary N. R. 2 E, presented and read. sewer at 2345 White Street on Au- No written objections we,re £iled gust 2, lII72, presented and read. and no oral objectors were present Mayor Moldenhauer moved that in the Council Chamher at tbe the claim be referred to the City time set for the public hearing. Attorney for investigation and re- Councilman Bitter m()ved that the port. Seconded by Councilman proof of puhlication be received Pregler. Canied .by the following and filed. Seconded by Council- vote: man Pregler. Carried by tbe fol. Yeas - Mayor Moldenhauer, lDWing vote: Councilmen RUter, Justmann, Yeas - Mayor Moldenhauer, Pregler, Thoms. Councilmen Bit t e r, Justmann, Nays - None. Pregler, Thoms. NotÎlCe of claam of Joseph P. Nays - None. Hickey, a minor, by Frank Hickey ORDINANCE NO. 44-72 his father, for personal injuries An Ordinance vacating the public by said minor as the resu!lt of street which shall hereafter be de a fall over a water hose in the scribed and plaited as Lot A of Town Clock Naza area 00 June Lot 1 of Lot 1 of Bethany Ad. 26, 197e, presented and read. Ma- dition; Lot A of Lot 4 of St. Fran. yor Moldenbauer moved that the cis Subdivision; Lot A of Lot 1 claim be referred to the City At- of Lot 1 of Lot 3 of St. Francis torney for investigation and re- Subdivision (except the West 4(f port. SeMnded by Councilman feet of the North 1,320 feet If1are- Pregler. Carried by the following of); Lot A of Lot 1 of Lot 2 vote: of Lot 1 of Lot 3 of St. Francis Yeas - Mayor Moldenhauer, Subdivision (except the West 40 Councilmen Bit ,t e r, Justmann, feet of the North 1,320 feet there- Pre,g1er, Thoms. of); Lot A of Lot 2 of Lot 3 Nays - None. of St. Francis Subdivision (except Petition of Declaratory Judgment the West 4(f feet of If1a North by St. Joseph Mercy Hospital of 1,320 feet thereof), all In Section DuI>uque decreeing that Mercy 12 Townshi.p 89 North, Range 2 Hospital is entitled to the issuance Eest of the 5th P. M., being in of a building permit for the con- Dubuque Township, Dubuque Co..... structÏon of an ofIfice building for ty, Iowa, now in If1a City of Du. physicians and include an area buque, Iowa, and which lies within i Î 396 Special Session, August 21, 1972 portions of Bethany Addition and Councilman Bitter moved final St. Francis Subdivisions in tI1e City adoption of the Ordinance. Second. of Dubuque, Iowa, ed by Councilman Pregler. Carried said Ordillance having been pre- by the followiog vote: viously presented at the Council Yeas - Mayor Moldenhauer, meetÎI>g of July 17, 1972, presented Councilmen Bitt e r, Justmann for final adoption. Pregler, Thoms. ' Nays - None. RESOLUTION NO. 269.72 WHEREAS, pursuant w Resolu- tion of published notice of time and plaœ of hearing pub\i$hed in the Teleg~aph-Herald a newsI)ape< of general circulation published in the City of Dubuque, Iowa, on July 21, um, and Jniy 28, 1972, City Council of City of Dubuque, Iowa, met on tbe 21st day of Au- gust, 1972, at 7:30 o'clock P.M. (Central Daylight Time) ill the Oity Council Chamber, City Hall, Du. buque, Iowa, to consider the pro- posal to dispose of interest of the City of Duhuque, Iowa to Sisters of SI. Francis of Duhuque County, au Iowa Corporation, and Mount Calv,ary Cemetery Association in and to a public street lying withill portions of Bethany Addition and St. Francis Subdivision in the City of Dubuque, Iowa, which shall hereafter be platted and described "" follows: Lot A of Lot 1 of Lot 1 of Bethany Addition; Lot A of Lot 4 of St. Francis Sub- di"ision; Lot A of Lot 1 of Lot 1 of Lot 3 af St. Francis Sub- division (except the west 40 feet of the north 1,320 feet thereof): Lot A of Lot 1 of Lot 2 of Lot 1 of Lot 3 of St. Francis Suh- division (except the west 40 feet of the north 1,320 feet thereof); Lot A of Lot 2 ()f Lot 3 of SI. Fraucis Subdivision (except the west 40 feet of the nol'th 1,320 feet thereof), all ill Section 12, Township 89 North, Range 2 East of the 5th P.M., heing ill Dubu- que Township, Dubuque County, Iowa, now ill the City of Dubu. que, Iowa; and WHEREAS, City Council of Du- huque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Duhuque, Iowa, ill the above descrihed real estate to Sis- ters of St. Francis of Dubuque CO1mty, an Iowa Corporation, and Mount Calvary Cemetery Associa- tion; - - - t' -- "d '0< Oo""aoe ~~~~~:/:¡¡~J~]~ "d adopted !hi' "" do> 0 ' 1972. . ayO< A. Maldenh"e' MayO< Waite, A. p,agle, All" T. Thom' c. Rob'" Mlm"n Jo"ph J. Bltte' c""lImon ATTEST' Leo F. F<ammelt City Cle,k Pobll,",d offlo"lIy In The Teleg",h- Ifmld New,""e, !hI' 25th day of A"",t 1972. , Leo F. F<ammelt CIty Cle,k. 11.8/25 Special Session, August 21, 1972 - NOW 11HEREFOOE BE IT RE- SOLViED BY THE OITY OOUiN- CIL OF THE 0lIl'Y OF DUBU- QUE, roW.-\.: Section 1. That the disposal of interest of City af Duhuque, Iowa, in real estate to Sisters of SI. Francis of Dubuque County, Iowa in real! estate to Sisters of St. F,rancis of Dubuque County, an Iowa Corporatwn, and Mount Oa'l- vary Cemetery Associ..tion cover- mg the fullowing described real estate, to"Wit: .-\. puhldc street lying within por- tions of Bethany Addition and St. Francis Subdivision in tbe City of Duhuque, Iowa, whic!> shill hereafter he platted and descrihed as follow: Lot A of Lot 1 of Lot 1 of Bethany Ad- dition; Lot A of lJot 4 of SI. Francis Suhdivision; Lot A of lJot 1 of lJot 1 of Lot 3 of St. Francis SUbdivision (except the west 40 feet of the north 1,320 feet thereof); Lot A of Lot 1 of Lot 2 of Lot 1 of Lot 3 of SI. Francis Subdivision (e"""pt the west 40 feet of the north 1,320 feet theTeof}; Lot A of lJot 2 of Lot 3 of St. Francis Suh- division (except the west 40 feet of the north 1,320 feet tbereof); all in Section 12, TownsIrip 89 North Range 2 East of the 5 P.M., being in Duhuque Town- ship, Dubuque County, Iowa, now in the City of Dubuque, Iowa; be and the same is bereby ap- proved, and that no ahstra"t will be provided. Mayor and City OIeTk are hereby directed to execute said deed on hehali of City of Dubuque. Section 2. That the City OleTk be and he is hereby authorized I and directed to deliver deed of conveyance to Sisters of St. Fran- cis, an Iowa Conporation, and Mount Calvary Cemetery Associa- tion upon receipt of payment of $50.00 and costs of pul>Hcation. Section 3. That the City OIerk be and he is hereby authorized aud directed to record a certi- ¡ fied copy of this Resolution in tbe I o1iffce of the Dubuque County Re- corder. 397 Passed, approved and adopted this 21st day of August, 1972. Wayne A. Moldenhauer M;ay()r 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 Pre.gler. Carried by the following v:ote: Yea.s - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Communication of City Engineer White recommending that permis- sion be gNfnted to Mr. Ronald McDonald to insta'll a s"""ial side- walk and bird bath at 548 W. 7th Street, presented ..nd read. Councilman Bitter moved thM the communication be received and filed. Seconded by Mayor Molden- hauer. Carried hy the foHowing vote: Yeas - M.ayor Moldenhaue<, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. ORDINANCE NO. 50.72 An Ordinance euthorizlng Ronald McDonald to construct sidewalk and or bird bath located on Lot 18 Coriell's Dubuque, in the City of Dubuque, Iowa. presented and read. Councilman Bitter moved that the reading just had he consider- ed the first reading of the Or- dinance. Seconded by Mayor Mol- denhauer. Carried by the following 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 sepa~ate days be waived. Seconded hy Mayor Moldenhauer. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. 398 Special Session, August 21, 1972 ATTEST, L.. F. ",0~,11 (.itv CI"k. ACCEPTANCE OF ORDINANCE No. SO.72 Th' ""d",i",d h"i", ,"d ,"d bei" familiae wllh th, ",m, ,"d ,o"di".., 01 O,di","" No. SO-72 h",bv, ." 'hem,,"',. lI"i, "',"'- '0," 0' ",i",. " OW"'" 01 'ho 'bo'- ,,", p""""" """ th, "m, ,"d "~CO, to be boo"d bv th, co"dllio", ,"d ",oem,"', th",i" co""i"d " be p"""m'" bv ..,min"" D",d Aooo" tð, 1972 Bv Ro"'d P. M,OoMld P"pee" OW"" Pobll,h,d officl,lIv i" Tho T"ege..h- H,,"d N,w...." thi, 25th dov 01 Aooo" 19n. L.. F. Fcom",," CM CI"k. BY THE CITY CITY OF DU' See""" 3. Th,t th, p"mi,,"" h"'- i" "'"'ed i, """"V co"ditio.,.d "" ..,mit"" "",m,"' ." 'J A"om, '"v ,00 ," lI,bill" ." . - " "op"", com th, ex- " m,,"""- , ,"d/" bl,d 11.8/25 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Mayor Moldenhauer. Car- ried by tbe following vote: Yeas - Mayor Moldenhaue,r, Councilmen Bit t e r, Justmann. Pregler, Thoms. Nays - None. ORDINANCE NO. 51-72 An Orclinance to regulate the pro- duction, transportation, processing, handling, sampling, examination, grading, labaling, and sale of milk and milk products, the inspection of dairy hercls, dairy farms, and milk plants, the issuing and re- vocation of permits to milk pro- ducers, haulers, end distributors: and the fixing of penalties, presented and read. Mayor Molde"hauer moved that the reading just had be consider- ed the first reading of the Ordi- na"ce. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor MOldenhauer, Councilmen Bit t e r, Justmann. Pregler. Nays - Councilman Thoms. M'ayor Moldenhauer moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lo"ing vote: Yeas - Mayor Moldetlhauer, I Councilmen Bit t e r, Justmann. !'regler. Nays - Councilman Thoms. P","'. ,dop"d ,"d ,op""" thi, "" dov 0' Ao,"'. 1972. A. Mold,""o" - - 'A, P",I" All," T. Thom' C. Rob", J,,'m,"" Jo",h J. Biff" c,,"dlm," Special Session, August 21, 1972 399 ., iNhi'" ,,';;,";hí; 8~d¡~~'",~':h~1rí,'; i" 'oil '0'" ,"d ,ff,ct. " ""id,d bv',w. P""d, "pcov'" ,"d .dop"d thi, ",' d" of A""". 19n. W"" A, Mold,"h.." M"" W,II" A. P""" C. Rob", Jo"m,"" J."ph J. Bitl" CO""dlm," ATTEST, L.. F. FcommOIl Citv C'"k Pobll"'d olli,i,lIv i" Th, T"""ph. H""d N,w,p.." thi, 25th d" of A09'" 1972. Leo F. Fcomm," City CI"k. Jt. 8/25 Mayor Moldenbauer moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Car- ried by tbe following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler. Nays - Councilman Tboms. ORDINANCE NO. 52.72 An ordinance fixing and establish. ing monthly permit fees 10 be, paid I by every p&rson, firm or corpora- tion operating a milk plant and I' bringing into or sending into or receiving in the City of Dubuque, Iowa, milk or milk products, presented and read. Mayor Moldenhauer mOVed tbat tbe readiog just had be considered the first reading of tbe Ordinauce. Seconded by Councilman Pregler. Carried ,by ,the following vote: Yeas - Mayor Moldenhauer, Coun~ilmen Bit t e r, Justmann, Pregler. Nays - Councilman Thoms. Mayor Moldenbauer moved tbat the rule requiring an Ordinance to be read ou tbree separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Moldenbauer, Councilmen Bit t e r, Justmann, Pre'gler. Nays - CoW1cilman Thoms. RDINANCE NO. 52-72 'INANCE FIXING AND ES- ING MONTHLY PERMIT fijSE PAID SY EVERY FIRM, OR CORPORATION A MILK PLANT AND NTO OR SENDING INTO ING IN THE CITY OF IOWA. MILK OR MILK TH'EREFORE BE IT OR- - ,,'"_D BY THE CITV COUNCIL OF THe CITY OF OUBUQUE, IOWA, s""'" I. Ev", "",,", "'m" "'"""'00 th" op""" , milk pi", ,"d bno" io".""d'i"',." ",",,' io th, Citv of Dob",",. low,. milk " milk ""d"". " h",," d"'oed, ,h'" "V , moo'hlv ""mit 'oe of 1.5< "oood, of ,"ch milk" ,. Th, Citv H"'th 0111", io"""", th, , ,," "'id h",- th, 20th d" of ,," mooth. comme",l" wl.h 'h, 20th d" 0' Octob", 1973, th, p,,- mit'" ,h'" '", w,th th, Citv T",,- ~r";nlfk d",.~... -,-, ' "". "'" ".""iei"lI" ,i'i"d, "'i"co", "'<"" ""0" it, 'm ", 'moo"" "id " th, Cllv 01 Dob",",. Soc""" 2. Th,' O'di"",, No. 41-56 b, ,"d th, "m, i, h"'bv """,d. P""d. "pco"d ,"d 'doPl'd thl, ""d""Aoo"".1972. W"oe A. Mold,"h.." M"" W"", A, p""" C. Rob", Jo"m,"" Jo"ph J, Bitt" C"',"cllm," ATTEST, Leo F. F"mmo" Citv C"'k Pobli'hod offl,i'II, i" Th, To'e- ""h.H""d N,w,","" thi, 25th d" " Aoo",' 1972. L.. F. Fcomm", City CI"k, 11.8/25 400 Special Session, August 21, 1972 M'ayor Moldenhauer moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by ,the following vote: Yeas - M.ayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler. Nays - Councilman Thoms. R.ESOLUTION NO. 270.72 WiHEiRJEAS, City of Dubuque has made a,pplication to the Iowa Sec- retary of Agriculture for authority to conduct milk .inspeetion p r 0- gram. NOW THEmE~E BE :IT RE- SOINED BY 'l1II!E CITY COUNCIL OF THiE CiTY OF DUBUQUE, IOWA: Section 1. That the application and agreement for authority to conduct inspections, eopy of wIDeh is hereto attached, be and the same is hereby approved. Section 2. That the M,ayor and City Clerk be and they are herelJy authorized to execute saidappli- cation and agreement. Passed, approved and adopted this 31st day of August, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pre¡j!er moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the foilowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler. Nays - CouIIICilman Thoms. Petition of Rohel't A. Sullivan of 1.320 Locust St. requesting rezoning from present Multiple Residence Classification to Business District Classification, presented and read. Councilman Preg'ler moved that the petition he referred to the Ran- ning & Zoning Commission for in- vestiga.tion and repol't. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, CouncilmenB it t e r, Justmann, Pregler, Thoms. Nays - None. Petition of Henry Ge.hard et al (32 signatures) <>bjecting to the granting of a beer license toPhi!'s Pizza ¡because if would disturb the peace and tranquility of the ueigh- bo.hood,presented and read. Coun- cilman Pregler moved that tbe pe- tition be received and filed and referred to the City SOlicitor on Phil Langa. rezoning trip. Second- ed hy Mayor M<>idenhauer. c"nied by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Petiti<>n of Gary Germaine et al requestiog permission to con. duct an al't faÕi' in the 1700 to 1800 blo<:k on Centa-al Ave. on Sun- day August 27tb, presented and read. Councüman Thoms moved approva!1 of the petition with re- ferral to the ManageT. Seconded by Councilman Justmann. Carried by tbe following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pre¡j!er, Thoms. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate on Lincoln me. behind the Holy Trinity Church, to serV!Ìcea new customer, presented and reI> d. Coundlman Pregler moved th"t the petition be granted. Seconded hy Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor M<I1denhauer, Councilmen Bitter, Justmann, pr<>gler, Thoms. Nays-None. Petition of Pe()ples Natural Gas requesting permission to eX'Cavate on 2084 Avl>l()n Road, to repair a leaking gas service, presented and read. Councilman Pregler moved that the petition be granted. Seconded hy Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Petition of Kenny Rehabilitation Institute requesting permission to conducl their annual door-to-door fund drive, ,preferably in Novem- ber, presented and read. Council- man Bitter m()ved that the petition be referred to tbe City Manager for IDS approval and cooedination. Seconded by Councilman Jus t- mann. Cal'1'ied by the foHowing vote: Yeas - Mayor Moldenhauer, Special Session, August 21, 1972 Councilmen Bit t e r, Justmaun, I Pre¡j!er, Thoms. Nays - None. Petition ()f Jaycees Inc. request- ing a refund of $235. on the un- eJOpired portion of beer license No. 3394, presented and read. Council- man Bitter moved that the refund be granted and the Auditor issue proper warrant. Seconded by Ma- yor Moldenhauer. Carried by tbe following vote: Yeas - M,ayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. August 15, 11172 To the Honorable Mayor and City Council This is to advise you that the Rockdale Road Water Main Exten- sion has been completed substan- Hally in accordance with plans and specifications by M. F. Goerdt Con- struction Company of Dubuque, 10- w~. recommend that the Rockdale I Road Water Extension and work incidental thereto constructed by the M. F. Goerdt Construction Company of Dubuque, Iowa in and for the City of Dubuque, Iowa be approved and accepted. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation he approved. Se,conded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Pregler, Thoms. Nays - CouncUman Justmann. FINAL ESTIMATE RESOLUTION NO. 271-72 WHEREAS, tbe contract for the ROCKDALE ROM> WATER MAIN EXTENSION bas been completed I and the City Engineer has sub- mitted his final estimate showing the cost tbereof including the cost of estimates, notices, inspection, and preparing the assesment and plat, now therefore, BE IT RESOLVED, ,by the City Council of the City of Dubuque, l'ha{ the cost of said improve- ment is hereby determined to be $185,035.54. That none of the cost thereof shall be assessable upon private property and $185,035.54 shall be paid from the Waterworks Gene- 401 ral Fund of the City of Dubuque. Passed, adopted and approved tbis 21st day of August, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms Joseph J. Bitter Councilmen Attest: Leo F. Frommàt City Clerk Councilman Pregler moved that the resolution be adopted. Second- ed by Councilman Bitter. Canied by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Pregler, Thoms. Nays - Councilman Justmann. (A Resolution Accepting Improvement) RESOLUTION NO. 272.72 WiHEREAS, the contract for the ROCKDALE ROAD WATER MAIN EXTENSION has been completed and the City Manager has examin- ed the work and filed IDS certifi- cate stating that the same has been completed aœording to the terms of the contract, plans and specifications and recommends its acceptauce, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvemeut be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Theasurer be and he is hereby directed to pay to the contractor from the Water- works General Fund upon the ahove described improvement in amount equal to tbe amount of his contrad, less any mtained per- centage provided for therein. Passed, adopted and approved this 31st day of August, 1972. Wayne A. Moldenhauer Mayor WaIter A. Pre,gler Allan T. Thoms Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the res<>lution. Seconded by Councilman Bitter. Canied by the foJlowing vote: Special Session, August 21, 1972 Special Session, August 21, 1972 vating, Contractor in front of and adjoining the same, a special tax be and is hereby leV'ied on the several lots, and parts of lots and parcels of real estate an as named, situated and ()wned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the !all()wing schedule: John F. Kennedy Road Sanitary Sew... - East Side, North of Spring Valley Road - l!rnl. Oia.rence E. 11hompson, 2-8, N.E. ,,"-Section T. 89N R2E of 5th P.M. $l,298.æ. William John & Ma'rgaret Aird, 24-8, N.E. ,,"-Section T. 89N R2E of 5th P .tlIL, $1,1M.32. William John & M'argaret Aird, 2-1-1-8, N.E. ,,"-Section T. 89N R2E of fith P.M., $751.73. Ju1lius & Lorraine Bonz, 1, Brueck Subdivision, $954.83. John J. & Pearl F. Kohnen, 2, Brueck Subdivision, $954.83. John J. & Pearl F. Kohnen, 3 Brueck SwbdiviSlion, $954.83. John J. & Pearl F. Kohnen, 4, Brueck Subdivision, $954.83. Total $7,000.65. 8" Vitrified T!le Sewer Pipe 608 Din. ft. at $5.30, $3,217.10. 8" x 6" Wye Bra~hes 4 No. of at $11.00, $«.00. Concrete Manholes, Complete, Ht in ft. of Sidewall 37.æ \in. ft. at $25.00, $930.75. Co~rete Mawholes, Bases, Com- plete 4 No. of 0It $61).00, $240.00. Manholes, Complete, Rings and Covers 4 No. ()f at $55.00, $220.00. 3" Hot Mix Street Patch 38.53 Sq. yd. at $12.00, $462.38. %" Base Stone (6" Driveways, 10" Street) 235.8 Tons at $3.50, $825.30. Sod in Place 778.5 Sq. yd. at $1.00, 778.50. Construction Cost $6,'1'18.01. Engineering & Inspection $588.82. 5% - &! days $41!.&!. PROJrol' COST $7,355.35. City Share $351.70. ASSESSABlJE $7,000.65. City Share 8" VTP, 40 Lin. ft. at $5.30, $201.20. %" Ba,se Stone, 43 Tons at $3.50, $150.50. Total $351.70. AlL OF WlIILOH rs ASSESSED IN PROPORTION TO THE SPE- mAiL BENlEJFlTS CONFEMtED. 403 402 Passed, adopted and approred this 21st day of August, 1972. Wayne A. Moldenhauer Mayor Waiter A. Pregler Allan T. ThoIJ1S C. Robert Justmann Josepb J. Bitter Counc!lmen viding for the payment of the as- sessed cost of said improvement and a public hearing has :been held, pursuant to such notice and all objections made thereto ha,ve been considered and determined; NOW THE,REFORE BE IT HiE. SOLVEiD by the City Council of the City of Dubuque: 1. That to provide for the pay- ment oftbe assessed cost of John F. Kennedy Sanitary Sewer - East Side, North of Spring Valley Road - um. there shall :be issued se- wer bonds in the amount of $7.000 Dollars in anticipation of the de- ferred payment of assessments le- vied for sue!> improvement. 2. Such bonds shall :be caRed sewe'r bonds; and shall bear the da'te of Septem:ber 21, 1972; and shall :be numbered consecutively; and they s'hall be numhered, di- vided into series, and be in such denominations and for such ma- turity dates as are shown in the following table: Series No.1, Bond No. 1-2, De- nomination $500.00. Maturity April 1, 1972. S""ies No.2, Bond No. 3-4, De- nomination $500.00, Maturity ~r¡¡ I, 1m. Se,ries No.3, Bond No. 5-6, De- nomination $500.00, Maturity April 1, 1974. Series No.4, Bond No. 7-8, De- nomination $500.00, M,aturity April 1, 1975. Series No.5, Bond No.9, De- nomination $500.00, Maturity April 1, 1976. Series No.6, Bond No. 10, De- nomination $500.00, Maturity April 1, 1977. Series No.7, Bond No. 11, De- nomination $500.00, Maturity April 1, 1978. Series No.8, Bond No. 12, De- nomination $500.00, Maturity April 1, 1979. Series No.9, Bond No. 13, De- nomination $500.00, Maturity April 1, 1980. Series No. 10, Bond No. 14, De- nomination $500.00. Maturity April 1, UJIIl. 3. Said bonds shall bear interest at the rate of six per cent per annum, payable annually in accor- da,nce with coupons thereto at- taded: 4. Said bonds shaH not make the City of Dubuque liable in any Yeas - Mayor MoJdenhauer, I Councilmen Bit t e r, Pregler, Thoms. Nays - Councilman Justmann. !'Too! of Publication, certilied to by the Publisher,s, of Notice of Special levy of Spec,ial Assessment and intention of the Council to issue bonds to pay for construc- tion of John F. Kennedy Road sanita'ry sewer from Spring Val- ley Road Norlh-East Side, pre- sented and read. Councilman Preg- ler m()ved thOit the proof of pul>- ncation be received and filed. Se- conded by Conncilman Thoms. Car- ried by tbe foliowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoma. Nays - None. Statement of City Clerk certify- ing that notices of levy were mail- ed to property owners subject to assessment to pay for cost of con- structing Jobn F. Kennedy Road Sanitary sewer from Spring Valley Road North--east side, on July 19, 1972, presented and read. Coun- cilman Pregler moved that the statement he received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Molidenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Statement of John F. Runde, a member of the Engineering De- partment, certifying that notices of levy and p\1blic hea<ing w""e posted in the assessable area of J.F.K. Road Sanita<y Sewer from Spring Valley Road North - east side, on Jniy 26, 1972, presented and read. Coundlman Pregler moved that the statement :be re- ceived and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Cou~i1men Bit t e r, Justmann, Pregler, Tboms. Nays - None. RESOLUT,ION NO. 273.72 SCHE'DULE OF ASSESSMENTS RESOlNED by the City Council of the City ()f Dubuque, Iowa: That to pay for construction of John F. Kennedy Road Sanitary Sewer, North of Spring Vaney Road - Ea'st Side, by Tschigg!rie Ex... Attest: Lco F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Proof of Publication, certified to by the Puhlisber, of Notice of hear- ing to authorize the iS8uance of sewe,r bonds in the amount of $7,000.65 to pay for cost of con- structiog John F. Kennedy Road Sanitary Stm'er from Spring Val- ley Road North - east side, pre- sented and read. Councilman Pregler m()ved tbat the proof of puhncation :be received and filed. Seconded by Councilman Thoms. Carried by the foJllowin,g vote: Yeas - Mayor M()ldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 274.72 Resolution providing for the is- suance of Sewer Bonds for the pur,pose of providing for the pay- ment of the assessed cost of John F. Kennedy Road Sanitary Sewer - east side, north of Spring Val- ley Road - 1971 Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvements hereinafter described has :been completed and tbe City Manager has certified the completion the",- of to the City Council and the City Council has ascertained the cost tbereof and has determined that $7,000.65 Dollars of the cost tbereof shall he assessed against the properly subject to a&sessment therefore; and Whereas public notice, as pro- videdby law, has heen published by the City Clerk stating the in- tention of tbe City Council to is- I sue bonds for tbe purpose of pro- 404 Special Session, August 21, 1972 way, except for the application hereon of ,said special tax, 1ihe of said special assessment funds. full faith aud diligence of said 5. Said bonds shall provide that City of Dubuque are here,by irrevo. they may be payable at any time cably pledged. prior to the maturity date stated IN TESTIMONY WiHiEREOF the therein at the option of the City OLty of Dubuque by its Council of Dubuque and shall be in substan- has caused this bond 00 he signed tiaUy the following form: by its Mayor and countersigned by its City Clerk and tbe Seal No. of said City 00 be thereto affiXed, Series No. this 21st day of Augnst, 197~. CITY OF DUBUQUE Mayor Sewer Bond The City of Dubuque in the State City Clerk of Iowa promises to pay as here- (Form of CouPDn) inalter mentioned to the hearer On .1ihe day of hereof, the sum of five hundred the City of Duhuque, Iowa, ¡pro- dollars with interest tbereon at mlses to pay to the hearer, as the rate of six per cent per annum provided in said~nd, ,tbe s~m paya!ble annually, on the p esenta- . Dollars, m.the ofbce tion and surrender of tbe interest of the CIty Treasurer m tbe CIty coupons hereto attached. Both prin- ?f Dubuque, being monfus' Clipal and interest of this h()nd mterest due that date 00 Its are paya'ble at the office of the Bond No. dated City Treasurer in the City of Du- buque, in the State of Iowa. This Mayor bond is issued by tbe City of Du- . bu'lue under and by virtue of Cha¡p- CIty Olerk ter 396 of the 1954 Code of Iowa, 6. That the M'ayor and City Clerk as amended, and 1Jhe Resolution be and 1ihey are herehy instructed of said City duly pas'sed on the to cause said bonds to be pre- 21st day of Augnst, 1972, being pared and when so prepared to Resolution No. 274-72. e",ecute said bonds and tbe City This Bond is one of a series Clerk be and he is hereby in- cf 14 bonds a.ll for $500 00 num- structed to register said bonds in bered from' 1 ,through 14, ail of a book k~ for that purpose a~d like tenor and date, and issued to tben deliver them to the City for the purpose of providing for Treasurer. tbe deferred payment of assess- 7. That tbe City Treasurer is ments levied for the John F. Ken- hereby instructed to sell said bonds nedy Road Sanitary Sewer, East in the manner prQvided hy law, Side, North of Spring Valley Road, the ,proceeds of said sale to be 1971. as described in said Rcsolu- placed in a special! fund ,to be tion, in said City, wmch cost is known as Special Assessment Fund payable by the abuttinJgand ad- = and paid out by him to pay jacent ,property along said im-' the ,cost of said contract. provements and is made by law 8. That 1Jhe interest coupons at- a lien on all of said pr<>perty. tached to the bonds be signed with It Is payable onily out of tbe Special the facsimile signature of the Ma- Assessment Fund 1292 created by yor and countersigned with tbe the collection of .said special tax, facsimile signature of the City and said fund can be used for Clerk. no other purpose. 9. That as £ast as funds allow, It ;shereby certified and recited beginning with tbe secood year that all the acts, conditions and after the payment of interest due. things required to 'be dQne, p~e- these ,bonds shaY be called and cedent to and in issuing this series retired in the same order as num- of bonds, have been dúne, happen- bered. The notice of election to ed, and performed, in regular and call these 'bonds shall he given due form, a's required by law and by regUJIar United States Mail ad- said Resolution, and for the as- dressed to the last known address sessment, colleetion and payment of the ,pUl'Cha,ser. Special Session, August 21, 1972 10. Pa.ssed, adopted and a,pprov- ed thIs 21st day of August, 1JI72. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Rohert J...tmann Jose¡ph J. Bitter Councilmen Attest: LeoF. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by ,Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councl1menB i t t e r, Justmann, Pregler, Thoms. Nays - None. Proof of Puhlication, certified to by tbe Publisher, of Notice of Pen- dency of Resolution of Necessity for pwblic improvements and hear- ing upon ¡proposed plans and 'specI- fications, form of e<>ntra<:t and cost of improvements, for Contract N Section 1 Waterworks Moderniza- tion 1972 IIDD-~IOWA-99, pre- sented and read. No written objections were filed and no oral objectors were present in the Connell Cl>amherat ,the time set for the public ,hearing. Mayor Moldenhauer mo\Oed that the proof of pwblicatioo be re- ceived and filed. Seconded by Couneilanan Bitter. Carried by the following vote: I Yea's - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Yeas - Mayor Moldenhauer, CouneUmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. (Necessity for Improvemant) RESOLUTION NO. 248.72 WlHEJREIAS, PnQposed ,plans, spe- cifications, form of contract have been duly pr"Pared and a,pproved by the City Council of the City of Dubuque and are now on file in the offfiJoo of the City Cieri< showing among otber things .the foYowing: 1. An estimate of the cost of the proposed improvement for 00NmRAcT IiI SECTION I WAII'ERWORKS MODE'RNIZATION 1972 IIDD-W5-IOW A-99 BE IT 'l'HR'EFOR'E RESOLV. 405 ElD that the City Council On its own motion or Ulon 'petition of property owne,,", deems it advis- able and necessary for the public weifare to made the hereinmen. moned improvement, and unless property owners at the time of the final consideration of this pro- posed resolution have on file with the City Clerk objections to the amount of the cost of improve- ment, they shall he deemed to have waived all objections ,thereto. Said improvement shall be eon- structed and done in accordance with tbe plans and s,pecifications which have been prepared' there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and e"P"nse of making said improve. ment will he paid from the Wa- terworks General Fund and a Fe- deral Gram. T.be a,bove resolution was intro. duced, approved, and ordered pla,ced on file wIth the City Clerk this 7th day of Augnst, 197~. ~proved and ,placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro. posed, by the City Council this 21st day of August, 197~. Wayne A. Moldenhauer Mayor Walter A. ,Pregler Allan T. Thoms C. RolJel1t Justmann Joseph J. Bitter Councilmen Alitest: Leo F. FrommCllt Oity Cierk Mayor Moldenhauer moved fi- nal adoption of the resolution. Se- c()nded 'by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor MoldelÞhauer, Couœilmen Bitt e r, Justmann, Pr.egler, Thoms. Nays - None. Decision of Council upon objec. tions to plans, specifications, form of contract and cost of im.prove- ments. RESOLUTION NO. 275.72 WŒiElREAS, ,proposed plans and specifications and form of contra,ct for the WA'lIDRWORKS MODElRN- IZATroN 00N'l1RACT IT SECTION I have been approved by the City ~ Special Session, August 21, 1972 Council of tbc City of DuI>uque Yeas - Mayor Moldenhauer, and pubJic notice ,given as ,pro- Councilmen Bit t e r, Justmann, vided hy Chapter æ af the Cooe Pregler, Thoms. of Iowa, 197a. ,pertaining to !>I1blæ Nays - None. contracts and bonds, and the time Proof of Publicatioo, certüied to and place fixed for the hearing by the Publisher, of Notice af Pen- of all objections to said plans, dency of Resoluition of Necessity specifications or eontraot for or for pUlbJJic impr()vements and Hear- cost af snell improvements, said ing upon proposed plans and spec;- time bein,g tbis 21 day of August, fications, form of contract and eost 1002; and of im¡>rovements fur Contract 11- WHEREAS, the City Council met Section 2, We'st 32nd Street Sec- in regniar sess!()n this 21 day 0: tion 3, Park Hill-Section 4, High- August, 19'12, at 7:30 o'e!ock P.M. way #20 Waterworks I=rovemen( at tbe Council Chambers in the F.eeder Main Extension llIJD-W\S. City Hall for the ,purpose of hearing lOWA-OO, project, presented and all interested parties and conmder- read. No written objecltions were ing any and all Objections which filed and no oral "bjectors were have been filed to lJhe pr<>POse" present in tbe ()ouncil Chambe: plans, ,specifications or c<>wad for at the time set for the public or cost <>f the i_rovement herein hearmg. Councilman pregler mov, described and proposed to he ed that the proof of ¡n>blication made; and he received and filed. Seconded WŒJIEIREAS, aD. interested parties by Councilman Thoms. Carried by have been given an opportunity the foD.ow!ng vote: to be heard and all ()bjections Yeas - Mayor Moldenhauer, whicl1 have heen duly weighed and Councilmen Bit t e r, Justmann. c<>usidered; nOW, ,therefore Pregler, Thoms. BE !IT RJESOIlNEÐ by the c>ty Nays - None. Conncil of tbe City of Duhuque, (NecHsÎty for Improvement) that all objections wbkh have been RESOI-UTtON NO. 252.72 made and filed to ,tbe ¡>lans, s;peei- I WŒJIEIREAS, proposed plans, s,pe- fications, contract for or cost of ciflcations, form <>f contract have said illDprovement herein deseribed been duly prepared and approved and pr<>POsed to he made, be and by the City Council of the City the same hereby overruled and of Dubuque and are nOW on file such plans, specifieaAions and form in the office of the City Olerk of contract heretofore approved are showing among other things the hereby adopted. following: BE !IT F1URTHER BESOlNED 1. An estimate of the cost of that this resolution containing tbe the pr<>POsed improvements for decision of this Councl upon all QONTRiAOl' Ii! objections which have been filed SECfnaN z.-WEST 3I2ND STRiEE'f to the plans, specifications and SECTION 3-PMK HLIJL form of cost said i1D4>rovement be SEJC'l1\ON 4-WGHWAY #00 made a matter of ¡permanent re- WATÐRWORKS cord in connection with said im- 'LMJ"RO\OEMENT-1OO2 provement. FJ!JEDER MMN EXTENSIION Passed, adopted and a,\>proved HUD-WS-IOWA-OO this 21st day <>f August, 1972. BE 111: THiEBEFORiE R'ESOLV- Wayne A. Moldenhauer ED that the City Council on 1t1s Mayor own motion or upon petiti()n oi Walter A. Pre,gler property owners, deems it ail",s- Allan T. Thoms able and neiC<'S,sary for the pnblic C. Robert Justmann weifare to make the hereinmen- Joseph ~. Bitter tioned improvement, and unless Councllmen property ()wners at the time af Attest: tbe fina. consideration of this pro- Leo F. Fromme!! posed resolution have on file with Oity Clerk the City Clerk ohjeetions to the Mayor Moldenl>auer moved adop- amount of lJhe cost ()f improve tion of tbe resolution. Seconded ment they shall be deemed to hy Councilman Bitter. Carried hy have' waived a1l objectionS thereto, the following vote: Said ¡_rovemem shall he con- Special Session, August 21, 1972 407 structed and done in a'CCordance I with the plans and specific,atioI>' I wbic:,þ have been prepared there- fore by ,the City Engineer willob have been ~pproved by the Cit' Council and are now on file with the City Clerk. That the cost and expense of mal<ing said improve- ment will he paid £rom the Wa terworks General Fund and a Fe- deral! Grant. The ab()v,e resolution was intro- duced, am)roved, and ordere placed on file with the City Clerk this 7th day of August, 1972. Approved and pla.ced On file for finai action. RECORD OF FI,NAL ADOPTION The foregoing resolution was fi- nally passed and adopted,as pro- posed, by the City Council tlKs 21st day of Angust, 1972. Wayne A. Moldenhauer Mayor WaIter A. Pregler Allan T. Thoms Joseph J. Bitter C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved fi- nal adoption of the resolutJion. Se- conded by Councilman 'Dhoms. Car- ried by the following vote: Yeas - Mayor MoJdenhauer, Councilmen Bit t e r, Justmann, Pregier, Thoms. Nays - N<>ne. Decision of Council upon objec. tions to plans, ~ifications, form of contract .net cost of improve- ments. RESOLUTION NO. 276-72 MIÐREAS, proposed plans and specific,ations and form ofcontrad for tbe F'EE[)EiR MMN EXTEN- SIONS 00NmRA0T IT, Section 2, West :!2nd Street, Section 3, Park Hill, Section 4, Highway #00 ha'Ve been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 23 of the Code of Iowa, 1001 pertaining to pUlb1ie contracts and bauds, and the time and place fixed for the hearing of all ob- jections to said plans, speoifica- lions or contract for or cost <>f such improvements, said time be- I ing this 2J. day of August, 1972; and WHBREAS, the City Counoil met in regular session this 21 d'ay <>f August, 1972, at 7:30 o'clock P.M. at the Council Chambers in the City Hail for the purpose of hear- ing all interested parties and con- sidering any and ail objections which have been filed to the pro- pos'ed plans, specif,¡cations or con. tract for or cost <>f tbe improve- ment herein descrilied and pro. posed to be made; and WiHEREAS, aU interested ,parties have been given an opportunity to be beard and all objections which bave been duly weighed and considered; now, tberefore BE !IT RESOLVED by the City Council of the City of Duhuque, that all objectiorus which have been made and Wed to the plans, S¡pe- cifications, contract for or cost <>f said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, speeilications and form of contra'ct heretoõore approv,ed are hereby adopted. BE IT FUR'l1HiER RESOLVEcD tbat this resolution containing the decision <>f th.s Council upon ail objections which have heen filed to the plans, specifieations and form <>f cost sa,id improvement be made a' matter of permanent re- cord in connection with said im- provement. Pa'ssed, adopted and approved this 21st day of August, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman 'Dooms. Carried hy the foJJowing vote: Yeas - M,ayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity for public improvements and Hear- ing upon proposed plans and ope. cifications, form <>f contract and east of improvements for Contract 1 Center Grove Valley Sanitary 408 Special Session, August 21, 1972 RECORID OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 21st day of August, 1.9'm. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms Joseph J. BÎitter Councilmen 1nterceptor Sewer 1972 HlJID-W\S- lOWC!\-OO, pro)ecl, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for tbe pamc hearing. Counoilman Pregler mOV- ed that the proof of pul>1ic"tion be received and filed. Seeonded by Mayor Moldenhauer. Carried by the foll()wing vote: Yeas - Mayor Moldenhauer, Attest: Councilmen B i t.t e r, Pregler, Leo F. F,rommelt Thoms. City Clerk Nays - Councilman Justmann.Councilman Pregler moved ado¡>- (Necessity for Improvement) tion ()f the resolution. Seconded RESOLUTION NO. 256.72 by Mayor Moldenhauer. Carried WŒIEREiAS, pr<\posed plans, spe- by the fo1Wwing vote: cilicatioDS, form of contract have Yeas - Mayor Moldenhauer, been duly pr<\pared and approved Councilmen Bitt e r, Pregler, by the City Couneil of the City Thoms. ()f Dubuque and are noW on file Nays - Councilman Justmann. in the office of the City Clerk Decision 01 Council upon objections 9howing among ()ther things the to plans, specifications, form of following: contract and cost 01 im,provemenls 1. An est,mate of the cost of RESOLUT,ION NO. 271-72 the proposed improvement for WHEREC'\S. proposed plans and ooNl'RACfl' NO.1 specifieations and form of contract OEN'T]i)R GROVE VAlJLEY for the CCJiNf].1RACr NO. I CENTER SANITARY IiNIl']i)RCEil'TOR GROV,E VAiIillEY SANlTAiRY IN- SfflIIER 1972 INTERCEPTOR SEWEiR - 1972 - HlID-W\S-IOWA-OO HlJID P\ROJEC'I' NlJMBEiR Ws-ro. BE IIf THEREFORE RESOLV- WC!\-OO have been .-pproved by the ED that the City Council on its City Council of the City of Du- own moti()n or upon petitJion of buque and public notice given as property owners, deems it adVlis- pro\<ided ,hy Chapter :!3 of the Code aMe and necessary for the public of Iowa, 197[, pertaining to public welfare to make the hereinmen- contra... and bonds, "nd ,the time tioned improvement, and unless and place fixed for the hearing property ()wners at the time of of all objections to said pl"us, the final consideration of this pro- specific,ations or contract for or posed resolution have on file with cost of such improvements, said the City Clerk ()bjeoilons to tbe time heing this 21 day of August, amount of the cost of Improve- 1972; and ment, they shall he deemed to WHIEiREC!\S, the City Council met have waived all objections thereto. in regular session this 21 day of Said improvement shall be con- August, 1972, at 7:30 o'clock P;M. structed and done in "ceordance at the Council Ohamhers in the with the plans and specifications City RaN for the purpose of hear. which have been prepared there- ing a8 interseted parties and con- fore by the City Engineer which sidering any and all objections have been approved by the City which have been filed to the pro- Council and are now on IDe with posed plans, specifications or con- the City Clerk. That the cost aud tract for or cost of the improve- expense of mal<ing said improve- ment herein described and pro- ment will be paid from the Sani- posed to be made; and tati()n Sewage Rental Fund and W!\lEiREC!\S, all interested parties a Federal Grant. have been given an opportunity The "bove resoluti()n was intro- to I>e heard and all objections duced, approved, and ordered which have been duly w"¡ghed and pla'c.ed on file with the City Clerk considered; now, therefore this 7,th day of August, 1972. BE IT RESOLVED by the City Approved and placed on file for Council of the City of Dubuque, final actlot' that all objections whiM have been Special Session, August 21, 1972 made and IDed to the plans, sped- Counctlmen Bit t e r, Justmann, ficati()ns, contraCit for or cost of Pregler, Thoms. said improvement hereio described Nays - None. and proposed to be made, be and OOUNCIL RECESSED AT 10:28 the same hereby overruled and P.M. RECONVENED AT 10:35 P. such plans, specifications and form M. Mrs. Heidenreich and Mrs. Har- of contract heretofore approved are tig spoke to the Council by making hereby adopted. inquiry and looking for proof whe- BE IT FUR'l'HER RESOLVED thcr or not the cover over the that this res()\ution containing the filter beds at the Wastewater decis,ion of this Council upon all Treatment Plant will work, as to objections which have been filed odor. to the plans, specific'ations aud (Necessity for Improvement) form of cost said improvement be RESOLUTION NO. 260.72 made a matter of ""rmanant re- WHEREAS, proposedplans,spe. cord in connection with said im- cifications, form of contract have provement. 'heen duly prepared and approved Passed, adopted and approved ,by the City Counc'¡¡ of the City this 21st day of August, 1972. of Dubuque and are now on file Wayne A. Moldenhauer in the office of the City Clerk Mayor showing among other things tbe Walter A. Pregler following: Allan T. Thoms 1. An estimate of the cost of Joseph J. Bitter ,the proposed improvement for Councilmen PHASE II Attest: WASTE WATER Leo F. Frommelt TREATMENT FACILITIES City Olerk CONTRACT II Councilman Pregler moved adop- This contract consists of dome tion of the resolution. Seconded type cov,ers on existing trickling by Mayor M()ldenhauer. Carried filters and primary Cilarifiers, a by the following vote: building structure over' the grit Yeas - Mayor Moldenhauer, and grease basin, complete odor Councilmen Bit t e r, Pregler, control system and required ven- Thoms. tilation modifications, site precon- Nays - Councilman Justmann. solidation, and required flow mea- Proof of Puhlication, certified to suring and sampling devices. by the Publisher, of Notice of Pen- BE IT THEREFORE RESOLV- dency of Resolution of Neeessiity ED that the City Council on its for public improvements and Hear- own motion or upon ""tition of jug upon proposed plans and spe- property owners, deems it advis- cifications, form of contract and able and necessary for the puhlic cost of improvements for Pilase welfare to make the hereinmention- n Waste Water Treatment Facili- ed improvement, and unless pro- ties Contract n, consisting of dome perty owners at the time of tbe ty"" covers on en.ting tricloling final consideration of this proposed filters and primary clarifiers, a resolution have on file with ,the building structure over the grit City Clerk objections to the amount and grease basin, complete odor of the cost of improvement, they control system and required ven. shall he deemed to have waived tilation modifications, site precon- all objections thereto. solidation aud required flow mea- Said impro'o'ement shall be con- suring and sampling devices pro- structed and done in accordance ject, presented and read. with the plans and specifications No written objeCitions were filed which have !heen ,prepared ,there- and no oral objectors were pre- fore by the City Eugineer which sent in ,the Council Chamber at have been approved by the City the time set for the hearing. Council and are now on file with Councilman Pregler moved that the City Clerk. That the cost and the proof of pwbIication he re- expense of making said improve- ceived and filed. Seconded by ment will be paid from the San- Councilmau Thoms. Carried by the itation Sewage Rental Fund and foll()wing vote: a Federal-State Grant. Ye~s - Mayor Moldenhauer, The abov,e resolution was intro- 409 410 Special Session, August 21, 1972 duced, "pproved, and ordered placed on me with tOO Oity Clerk this 7tb day of AugulSt, 1972. Approved and ,placed on file for final action. Record of 'Final AcIo¡>tion 'lIbe foregoing resolution was Ii- nallypassed and adopted as 'pro- posed, 'by the City Council tIrls :!lot day of August 19'72. Wayne A. Moldenhauer Mayor Walter A.Pregler Allan T. Thoms C. ROOert Justmann Joseph J. ,Bitter Councilmen Mtest: Leo F. 'Fr()mme1t Oity Clerk Councilman Pregler moved final adoption ()f the resoluti()n. Second- ed by Councilman Thoms. Car- rted hy the following vote: Yeas - MayDe Moldenhauer, Councilmen 11 i t t e r, Justmann, Pregler, Thoms. Nays - None. Decision of Council - objec- tions to pi...., specificatÑ>nS. form 01 conlrad and - of improve- ments. .RESOLUTION NO. 278-72 WHEJW,AS, propo.sed ,plans and specifications and fur,m of contra:ct for MI. WASTE WArDER TBÆAT. MEiNT FAIOILl'NiES ,J'lHASE III 'l'REA.'MŒNT PLANT have heen I approved by tbe City Council of the Ciity of Dw>uque and public notice given a. provided by Chap- ter 23 of. the Code of Iowa, 1971 pertæining w public coowaets and bonds, and the time and place fi:xed for tbe bearing of all ob- jections w .aid plans, specifica- tions or eontrad: fur or cost of such ¡mp ovemeDts, said time be- ing this :!l day of August 1972; and WHEREAS, the CIty Council met in regular session this 21 day of AngUst, a972. at 7:30 o'cloek P.M. at the Council Chambers in tbe Oity Hall for the purpose of bearing aU int...ested parties and consi- dering any and ,all objectioos _II have been filed to the proposed plans, specifications ()rcontract for or cost of the im¡provement herein de-seIiJhed ænd proposed w be made- and WHEREAS, aJ¡¡ interested par- ties have been given an oppontunity to 'he heard and all obje<:tions which bave been duly wteighed and c()nsidered; now, therefore BE IT RiESOI.NiED by the City Council of the City of Dubuque, that all ()bjections whkh have heen made and filed w the plans, spa- cificatio"s, contract for or cost of said improvement herein described and proposed W be made, be and the same hereby overruled and sUICh plans, specifications and form ()f ,contract lreretofore ap,proved are hereby adopted. BE IT FURrl'HE1R RES()[.NED that this resolution cont<clnM;g the decision of this Council upon all objections which have been filed to the plans, speci&ations and foam of cost said improvement be made a matter of pe.emanent reo cord ineonnec1lion with said im- provement Passed, adopted and a,pproved this 21st day of August, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Ailan T. Tboms C. Robert Justmann Joseph J- Bitter Couneilmen. Attest: Leo F. Frommelt Councilman Pregler moved ad<Jp- tions 011 the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Juslmann. Pregler, Thoms. Nays - None. 'RESOLUTION NO. 279-72 AMENDING RESOLUT'ION NO. 274-70 WlHiEREAS, under date of Sep- tember 8, 1970, the OIty Council of tbe Oity of DU!buque adopted Resolution No- ;¡¡¡4-70 awroviI;g ,the plat of Lot 1 of Bk>cl< 4, Lot 1 of Block 5, and Lot 2 of Bk>cl< 5, each in Dubuque Downtown Pla- za in the Oity <If Dubwlue; and Whereas, the third WHEiREAS clause of the said 'Resolution con- tained a reference to an in<:orrect City Lot number; now tberefore BE lIT RESOLVED BY THE 01- TY oomC1L OF 'l1HE CITY OF DUIBUQUE. roWA: 'SECTION 1. That that portion of the third WHEJREAS clause which reads ". . . . 'being eomprised of Lot Special Session, August 21, 1972 2 of Ciity Lot 224, City Lot 224A, Section 2. That the Direcwr of City Lot 244B, . . . . .. the Department ()f Urban Renewal is herehy amended to read is hereby authorized and directed ". . . . heing comprised of Lat to deliver said Deed to Franchise 2 of City Lot 224, City Lot 224A, Realty Lnterstate Corporation upon City Lot 224B, . . . . .. receipt of the purchase price of Passed, approved and adopted $74,4C!O.25 on the hasis of $2.50 per thi,s 21st day of August, 197~. qsuare foot. Wayne A. Moldenbauer Passed, a¡pproW>d and adopted Mayor this 21st day of August, urn!. Walter A. 'Pregler Wayne A. Moldenhauer Allan T. Thoms Mayor C. Robert Justmann Walter A. Pregler J~:'J.;,':itter I ~~-~-~--~.._._-- Jose,ph J. BItter Attest: LeoF. Fromme1i City Clerk: Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Oarried hy the following vote: Yeas - M.ayor MoJdenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 280-72 Autnorizing the exacution and de. livery of deed to Franchise ,Real. ty Intentate Corporation for sale of land in the Downtown Urban Renewal Project, lowaR-IS WHEREAS under date of August 21, 1972, the City of Dt>huque and Frwchise ReaMy Interstate Cor- poration entered into a C()ntract for the Sale of Land in the Down- town UI'ban Renewal Project, Iowa R-WS, for private redevel()pment; and W!HEiREC<\S, Franclrlse Realty In- terstate Corporation has complied with the conditions of s'aid Con- tract and has requested the City of Dubuque w execute and deliver a Deed for the land described here- in below; now therefore BE IT ThESOLVED by the City Council of the City <If Dwbuque, I Iowa: Section I. That the Mayor and City Clerk are hereby authorized and directed W execute a Deed to Franchise Realty Interstate Cor- poration for the sale of Disposition Paneel 2 and the Northerly 43 feet of Disposition Paneel 6 in Block 2 in the DoWUJtown Urban Renewal Projeet, Iowa R-15, legaUy descr.b- ed a. Lot 2 of Block 4 and the Northerly 43 feet of Lot 1 of Block, 5 in Dubuque Downtown Plaza in ' the City of Dubuque, Iowa, contain- I ing 29,.768.101 square feet. 411 = C Attest: Leo F. FrommeJt Clty Clerk Councilman Bitter moved adop- tion of the res()lution. Seconded by Councilman 'Pregler. Carried hy the follow:ing V'Ote: Yeas - Mayor M<Jldenhauer, Councilmen Bitter, Justmann, P,regler, Thoms. Nays - None. RESOLUTION NO. 281.72 BE IT RESOLVED by the Clty Council of the City of Duhuque, Iowa, that the follDWing having complied with the pro\"isions of law relating to the sale <If Cig. arettes within the City of Dubuque, Iowa, be granted a 'permit w sell Cigarettes and Cigarette Papers within said City. David C. Schmitz, 504 Bluff Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation he approved. Passed, adopted and approved this 21st day of Awgust, 1972. Wayne A. M()ldenhauer Mayor Walter A. Pregler AHan T. Thoms C. Robert Justmann Josepb J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman BHter moved adop- tion of the resolution. Seconded hy Councilman Pregler. Carried hy the followiug vote: Yeas - Mayor Moldenhauer, Councilmen Bit t er, Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 282-72 WHER'EAS, applications for Beer penmits have been submitted to 412 Special Session, August 21, 1972 this Council for approval and the plicants he and the ,same are here- same have been examined; NOW by ~pproved. THERÐFORE, Passed, ad<J)ted and ~pproved BE IT RESOLVE>D by the City this 21st day of August, 1972. CoUI>cil ()f the City of Dttbuque, Wayne A. Moldenhauer Iowa, that the following appllca- Mayor tions be granted and permits is- Walter A.P'regler sued upon the compliance with the Ailan T. Thoms terms of tbe ordinances of the C. Rohert Justmann City. Joseph J. Bitter CLASS "B"BEERPERMIT Councilmen William L. McDonough, Riverside Attest: Softball Field Leo F. Frommelt CLASS "C" BEER PERMIT City Clerk Great Atlautic & Pacific Tea Co, Counci1man Bitter moved adop. Inc., 33:J3 Asbury. Street tion of the resolution. Seconded Randall's international, 2600 Dodge by Co1illCilman Pregler. Carried Street Plaza 20 by the following vote: Wayne A. Moldenhauer y.e~s - Mayor Moldenhauer, Mayor Councilmen Bitter, Justmann, Walter A. Pregler Pregler, Thøms. ~~:~~~~ann Nays - None. Joseph J. Bitter RJESOLUTION 'NO. 284-71 Councilmen WHEREAS, a,pplications for U. quor licenses have heen swbmitted to this CouncU for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVEn by the City Council of the City of Duhuque, I()wa, that the f()llowing a¡pplica,tions he grant- ed and licenses issued upon the complianee with the terms of the IOWA LiQUOR CONTROL ACT- CHA!PTER 131-as amendedhy the 64th General Assembly, 197!1. CLASS "C" (COMBINATION) BEER & LIQUOR LIC'ENSE David C. Schmitz, 504 Bluff Street American Veterans WW iI-Korea, Vietnam, 36 East 4th Street Passed, adopted and 'aJPproved this 31st day of August, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Ailan T. Thoms C. RObert Justmann Joseph J. Bitter COunci1men Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Cøuncilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - Nøne. RESOLUTION NO. 283.72 WHEREAS, a¡pplLcations for Beer permits were filed by the within named applicants and they haw received the apprøval of this Coun. cil' and Ý/BEREAS, the premises to be occupied hy 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- SOLV,E>D by the City COuncil of the City of Dubuque, Iowa that the Manager he authorized to cause to be issued to the following named ",pplicants, a Beer permit. c,LASS "B" BEER PERMIT Wi1liam L.McDonough, Riverside Softball Field cLASS "c" BEER PERMIT Great Atlantic & Pacific Tea Co., Inc., 3003 Asibury Street Randall's l¡¡,ternational, 2600 Dodge Street Plaza 20 BE IT FURTHER RESOLVEn that the bonds filed by such ap- Attest: Leo F. Frommelt City Clerk Co1illCilman Bitter moved adop- tion of the resolution. Seconded'by Councilman Pregler. Carried by the following vote: Yeas - Mayor Møldenbauer, Councilmen Bit t e r, Justmann, Pregler, Th<>ms. Nays - None. Special Session, August 21, 1972 -- RE50LUnON NO. 285.72 WlHEItEAS, applications for Li- quor licenses were HIed by the within named applicants and tbey have received the approval of this Cou]cil, and WiHEIREAS, the premises to be occupied Iby such ~l>p1ieanœ were i!1spected and found to coDl)ly with the State Law and all City or- dinances reievant thereto and they have filed proper bonds, NOW THEREFOiltE BE IT RE. SOLVED by the City COuncil of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named "'p. plicants a Liquor license. I Approved """"""'.....................1972 CLASS "C" (COMMEIRCIIAL) BEER & LIQUOR LICE,NSE David C. Schmitz, 504 Bluff Street I Adopted ......................................1972 American Veterans WW I[-Korea- I Vietnam, 36 East 4th Street Pa,ssed,adopted and approved this 31st day of August, 1972. I Wayne A. MoldeDl!auer Miayor Wa1ter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. ,Bitter Couooi1men Attest: Leo F. Frommelt City Clerk 'Councilman Bitter ,moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried hy the following vote: Yeas - Mayor Møldenhauer, 413 Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. There ,being no further business Councilman Bitter moved to ad- journ. Seconded by Councilman l'regler. Oa~ried by the fullowing vote: Yeas - Mayor Moldenhauer, Councilmen B ¡ t t e r, Justmann, Pr¡egler, Thoms. Nays - None. Leo F. Frommelt City Clerk """""""""""""""'........................... """""""""""""""".......................... """""""""""""""'........................... Councilmen Attest: """""""""'............................... City Clerk. 4H Special Session, August 23, 1972 CITY COUNCIL OFFICIAL S,pecial Sauion, August 23, 1972. Council mle at 4:00 P.M. (D.5. T.) Present - Mayor Moldenhauer, Councilmen Bitter, Pregler, City Manager Gilbert D. Chavenelle. Absent - Councilmen Justmann, Thoms. Mayor Moldenhauer read the can and stated that service tha,reof had been duly made and this meeting is caned for the PURPOSE OF CONDUCTING A CANY,ASS AND DE,CLAIHNG THE RESULTS OF A SPECIAL E,LECTION ON A JOINT COUNTY.CITY LAW EN. I FORCEMENT CENTER BUILD- ING BONID PROPOSIT,ION and acting upon such other business as may properly come before a regniar meeling of the Council. Proof ()f publication, certified to hy the Publisher, of Mayor's Pro- clamation and notic,e of Election, to issue honds in the amount of $2é5,OOO to construct County-City Law Enforcement Center, present- ed and read. Conncilman Bitter moved that the proof of public'a- tion be received and filed. Second- I ed by Conncilman Pr,egler. Carried by the foilowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Preg,er. Absent - Councilmen Justmann, Thoms. Nays - None. proof of pwblication, certified to by the publisher, of sample ballot to be voted upon at a Special Municipal Election on August 22, 1972, presented and read. Council- man Bitter moved that the proof of publkation be received and filed. Seconded by Councilman I Pregler. Carried by the foilowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Pregler. Aboent - Councilmen Justmann, Thoms. Nays - None. R,ESOLUTION NO. 236-72 RESOLUTION canvassing and de. claring the results 01 a special election on a Joint County-City Law En/orcemont Center Building bond proposition. WHEREAS this City Council did herctofore, at duly convened meet. illgs heM on July 24, 1972, and July 31, 1972, ca1i a .peeial elec- tion to be held in an1 for the City of Dubuque, Iowa, on August 22, 1972, and ordered that therc be submitted to the qualified elec- tors of said City at said electicn the following proposition: Shall the City of Du,buque, Iowa, issue bonds in the sum of $2O6,OG~ to pay its portion ()f the cost of c<mstructing a building to be jointly acquired, constructed, used and occupied by Dubuque CoUDty, Iowa, and by the City of Dubuque, Iowa, for county and city law enforcement pur. poses? and WŒlEREAS theelecti<>n on said proposition was duly and lega,;!y held on said date and the Jud!es and Clerks of said election have filed their returDiS, which have heen duly examined and verified; and WHBR-E'AS the County Commis- sioner of Elections has fiJJed witb this Council a copy of his ReIpOrt on the results of said e\ection, which Report has heen duly exa- mined and verified; NOW, 'J1\-liEiREroltE, Be Hand it Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as fo1iows: Soction 1. That it is hereby found, determined and declared that the election on the proposi- tion referred to in the preamlble hereof was favorable thereto; that tbe total numher of affirmative votes on said proposition at said election wa's equal to or more than sixty per cent (60%) of the total votes number of votes cast for and against said proposition at said election, and said pr()position is hereby dleclared carried. Section 2. That a record of the votes cast by precincts on said proposition is hereby made as fol- lows: p"",'.<h F1irst Sec<>nd Third Fourth Ftith Sixth Seventh Eighth Ninth ala.k n;'~<- y" No tive 283981 252 57 16 241! 117 1 4;5ó 119 4 223840 2!Y7 7,1 4 197 54 2 271630 U19556 Special Session, August 23, 1972 Tenth 34Ø 60 5 Eleventh 300 00 0 TweJifth 4œ 70 2 Thirteenth «0 1ß2 3 Fourteenth 300 WI 1 Fifteenth 341; WI 2 Sixteenth 3G4 110 3 Seventeenth 524 105 0 Eighteenth 302 m 2 Nineteenth 398 94 0 l1wentieth 276 40 1 1'wenty-first 345 85 I Twenty-second Z19 76 2 Twenty-third 313 1IJI 4 Twenty-fourth 376 92 0 Twenty.,fifth 2/19 51 1 Section 3. That a record of the a'ggregate votes cast on said pro- I pos:tion is hereby made as follows: For: 8,012, Against, 2,1'13, Spoil. ed, 61. Section 4. That all resoiutions "~d orders or ,parts thereof, in '0 far as same may be in conflict herewith, are hereby r~pealed and this resolution sha1i become effec- tive immediately. Passed and appr<>ved August 23, 1972. Wayne A. Moldenhauer M.ayor Attest: Leo F. Frommelt City Olerk Recorded August 23, 1912. Leo F. Frommelt City Clerk Mayor Moldenhauer moved adop- tion of the resolution. Seconded by Councilman P~egler. Carried by the foll<>wing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Pregler. Nays - None. kbsent - Councilmen Justmann, Thoms. Communication of City Manager submitting the budget recommen- dati<>n for the year 197ß, in the amount of $10¡l86,706, to be fi- nanced with a tax rate of 48.40 mills, levied on an estimated $104,447,387. value of pmperty sub- je<:t to taxation, presented and read. M,ayor Moldenhauer moved that the budget for 1m be referred to the Council. Seconded hy Coun. eilman Preg[er. Carried by the folWwing vote: Yeas - Mayor Moldenhauer, Couneilmen Bitter, Pregler. Nays - None. kbsent - Couneilmen Justmann, I 415 Thoms. There being no further business Mayor MoldenOOuer moved to ad- journ. Seconded by Councilman Pregler. Carried Iby the foilowing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Pregler. Nays - None. Absent - Councilmen Justmann. Thoms. Leo F. Frommelt City Olerk Approved ......................................1972 Adopted ........................................1972 .......................................................... .......................................................... .......................................................... .......................................................... .......................................................... Councilmen Attest: """""""ë3iiÿ"Ci~~k""""""""