1972 October Council Proceedings
Regular Session, October 2, 1972
CITY COUNCIL
OFFICIAL
R"1Iular Session October 2. 1972.
No Members of the Counc,U Be.
ing Pr- the Meeting was Ad.
journed Subiect 10 call.
Loo F. Frommelt
City Clerk
Approved
197-
Adopted
197-
Councilmen
Altest: ..................................................
City Clerk.
459
---
!i!llll~íllllll~~I.I!
460
Adjourned Regular Session, October 3, 1972
Adjourned Regular Session, October 3, 1972
461
CITY COUNCIL
OFFICIAL
Adjourned R"1Iular Session, Oct.
ber 3, 1m.
Council met et 1:30 P.M. (C.
D. T.)
Present - Mayor Moldenhauer,
Councilmen ,B I It. r, Jus!mann,
Pregler, Thoms. City Manager Gil.
bert D. Chavenelle.
M,ayor Moldenhauer read tile eaH
and stated that service thereof has
been duly made and this is ,an
Adjourned Regular Meeting of Oct.
ober 2, 1m, called for the purpose
of acting upon such boon.... as
may properly come before the
meeting.
Copy of communication to the
Iowa Highw-ay Commission from
C. J. Spahn, of Spahn & Rose
Lumber Co. suggesting a- perimet-
er type freeway four lane 500 and
four lane 611 to Interstate, .present.
edand read. Councitman Pregler
mo""d that .the communication be
referred to tile Coundl .and elm.
sultants. Seconded 'by Mayor Mold.
enhauer. Carried by the foll<>wing
vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays-None.
Communication of Sacred Heart
Parish Finance Committee \>bject.
Lng to the proposed £reeway as
to the -present Couler Valley align.
ment, .presented and read. Coun.
cilman Pregler moved that the
communication be referred to the
Council and consultants. Seconded
by Mayor Moldenhauer, Carried
by the foll\>wing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitt e r, Justmann,
Pregler, Thoms.
Nay.-None.
Communication of Rev. Ed. Kol. ;
fellbac!>, pastor of Sacred Heart I
Church, showing concern as to
what the proposed _ay route
would do to the Sacred Heart
School, with possible loss of the
new convent building, and sugg.
esting consideration of alternate
rout... for the freeWay, presented
and read. Councilman Pregler
moved that the communication be
referred to the Council and consul.
tants. Seconded by M'ayor M"ld.
~~uer. Carried by the following
Ye... - Mayor Moldenhauer
Councilmen Bit t e r, Justmann'
Pregler, Thoms. '
Nays>-None.
Communications of Earl J. Bock
of -13120 Rhomberg Ave. Suggesting
various routes (brn the city to
cure traffic problemo of our owo
m"king, advising to take a second
look at the Freeway route and
to the knock-down œ-Oig-<>ut pro-
gram of the Highway Engineering
Department, _presented and read.
CüUncilman Pregler moved that
tile communication be referred to
the Connctl and consnJ<ants. Sec-
onded .by Mayor Moldenhauer. Car-
ried by the foll<>wing vote:
Y...... - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, ThOms.
Nays-N<me.
Communication of Mrs. Glen U.
delhofen of 2411.7 Broadway given
seven rea- for correction of the
Dog Ordinance, or at least its in-
terpretation, aß the result of im.
pounding her d<>gafter biting her
child, presented and read. Mer
the Council was assured that the
case is being looked into Council-
man Pregler moved that the com-
munication be received and filed.
Seconded by lIayor .Moldenhauer.
Caniedby the foLlowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
NayS'-None.
Communication of Muscular Dy-
strophy Associations of America
advising that the Dubuque Chapter
wili 'hold its regular annual drive
November 5th, ,presented and read-
Mayor Moldenhauer moved appro.
val subject to approva! of the City
M-anager. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Councilmen -B it t e r, Juotmann,
Pregler, Thoms.
Nays-None.
Communication of CathoJic -Moth.
ers Study Clubs being somewhat
disturbed that ~onsideration was
being gi""n, or at least suggested,
to charge a $5.00 fee for the use
of pavillions and shelter houses
at Dubuque parks and -swbmitting
a resume of the fine work done
by the Mother'. clubs in keeping
the parks dæn project in order
to keep mamtenance costs down,
to prevent any chaœging or fees
for use of the ;parks, presented
and read. Councilman Bitter mov.
ed that the communication be re-
ceived and med. Seœnded lIy May-
or Moldenhauer. Curled by the
following vote:
Ye", - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays-None.
September 29, 1972
Dubuque City Council
To the Members of the City of
Dubuque Conference Bo&rd:
RE: Protest of a'ssessment of
rea-¡ estare owned by Duane C.,
Irvin L. & Judy A. Koethe (Eagle
Point Apts., 3100 R.homberg Ave.,
Ham's Add. Lots 2IYl & 208).
On May 17, 19'm, Oi protest of
assessment on the above prq¡>erty
Wl>S filed with the City Board of
Review, tIlrough their attorney,
Thomas McKay. The petitioners
stated they purcha-sed the property
August 31, Jg¡O for $393,000. The
Assessor had an actua! value of
$534,503 on the -property. The Board
of Review dehied the petition and
the decision wa-s appealed to Dis-
trict Court. -Before My Court a~.
tlon, the Boa.-d of Review -was
in session for 1972. On ,May 18,
1972, a protest was again filed
with the City Board of Review.
At this session, the Board reduced
the actua! vahle from $534,503 to
~,829. ThIs decision wa's also
appealed to District Court.
Before going into Court, City Sol.
icitor Romolo Russo and I con.
ferred with Thomas Va!entioe, pro-
fessional appraiser with the Con.
tinental Appraisal Co., ,as to what
the fair market value would be
at the present time. .Mr. Valentine
and I went through the apartments
with Mr. Duane Koethe and reo
ceived an income and '"'Pense
statement fram him. We then con-
f~wit\t Mr. Russo -and Ile pre.
s&nted the 1l'oethes' aÍ'lØl'Dey, Th0-
mas McKay, with the following
recommendation. That tile aetual
value be reduced from the Board
of Review's figure of $4125,829 to
$tO5;OOO."'. Me&ly aOld the Ko-
etlles acœpted this allfer and I
would recommend to the City of
Dubuque Cooference Board that
this settlement for the ye81'S 197il
and 1972 be approved.
Ja'mes J. Gregory
City Assessor
Councilman Bitter moved that
the communication be received "nd
moo and made a matter of reo
cord Seconded by CouncilmM
Pregier. Carried by tile following
'rote:
Yeas - Mayor M<>idenhauer,
Coundlmen Bi Her, Justmann,
Pregler, Thoms.
Nay&-None.
CommunicaÜ<>l1 of IJN!KJE!F sui>-
mitting plans for the operation of
thedr drive on 0ctIdJer 31st and
requeoliing that a specified grou¡p
of junior high children be allowed
to collect in the Town Olock Plaza
and the Kennedy .MaH "fOas, pre-
sented and "ead. Ooomcilmm ¡Preg-
ler moved that tile communica.
tlon be received and fiJed. Second.
ed by Councilman 'I'homs. Oarried
by tile foHowin¡g vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays - Nane.
September 25, 1972
To the Honor<libJe Mayor
and City C'>uDlcil
I herewitll snhmit tile re¡>orTts
of tile City Auditor, City ,Treasurer,
Water Superintendent, Healtlh De.
paTtment 8ß well as a list of
cIaåms paid for the montll 0If Au.
!lUSt Jg¡2.
Gilbert D. Cha~lle
c;,ty M,anager
Mayor MoJdenhauer moved- that
the repoIits be received and filed.
Seconded by Conncilman Bi1ltm.
Canted by the foUowing 'rote :
Yeas - Mayor Mold_uer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays - None.
Se¡p!ember 26, 1!172
To the lJonoMb'le Mayor
and City Council
l"m returning to you tile -pe-
tition of Mrs. Heidenreiœ request-
iDg tbe use of eity trucks.
I am e!Ido8Ù1'! . ~ of . 1-
from Cletus Ailen whicb e"'Plains
the arrangement he has made 00
serve Mrs. Heidenrei"h's group.
GiJbert D. Cba~
O ¡y V:anacer
COUDcilman Pregler moved a¡p-
provl> of the M,ana,geor's action.
Seconded by Mayor MaJdenœuer.
i!~IIIIII~III~fI!
462 Adjourned Regular Session, October 3, 1972
Carried by tile iO1lowing vote: dinance and that the only stan.
Yeas - Mayor Mo1denllaue:r, dards for development and opera.
Councilmen B; tt e r, Justmann, tion that Ihe City could eOfOIlCe
Pregler, TOOms. would be the minimum standards
Nays - None. of the Mobile Home Park Develop.
Communi~..tion of Board of Ad" ment Policy.
justmoo!, by George E. Delnin' d. That tI1ose minimum stan-
ger, ChairmancalJmg for a Maring dards set forth In the Mobile Home
on OcWber 5, 1972, in response P,ark Development Policy are In.
to a petition from tile \MerCY Me. suOOicient to provide for the pro.
dical Ceoter requesting tile Build" tection of existing environmental
ing Commissioner to isSue a build. "a~ues of tile area, and would ~il
ing perm>t for the construction of to provide for the optimum de.
a pb}'sicians oÐfice building with veJopment of this site.
fwcilities for dispensing and sale The Commission has determined
of drogs, presented and rea d. that the proposed zoning reclassifi.
Counciiman Bitter moved tilat the cation and modular home develop-
communication be received aDd ment coòcept is not an -aeceptabJe
filed. Seconded by Mayor Molden. proposa'l for Ibis site, and has
bauer. CaNied by the foU-owing voted nna-nimouslY to deny the pe.
vote: ti>tion.
Yea,s - Mayor MoJdenhauer, cm'Y pilJANNIIiNG AND
Connc~men Bit t e r, Justmann, ZON$NG QOMIMJSSlON
Pregler, Thoms. Daniel Dittemore
Nays - None. Development Planner
September 'Iff, I972 Councilman Pregler moved tbat
Honorable Mayor tbe ,planner be directed to hold
and Council Memhers a meetWg witll tile St8l!f, Build.
The City of Dubuque P'ianning ing Department and Counc.l1 and
and Zoning Commission has con. Mr. Davis. Seéonded by Council.
sldered tile -petitioO of G. M. and man Bitter. Roll Oall. on the mo-
M. Company for reclassiffuation tion was as folJoWS:
of tbe NiE'I. of the NIE'!. of Section Yeas - Councilman BiltJter, Mia.
16, T89N, R.:Πof the !Jth P.M., yorMoldenhauer.
In tile ~ of Dubuque, Iowa, froDI Nays - Councilman Justmann,
Siingle Fa~ Residence to Mul. Pregler, Thoms.
tiple Residence classification for Motion failed.
stated pu<'!>OSOS of developing a ()ouIIcilman Thoms -moved to ae.
modular home communitY. cept and ,approve Ü1e report of
The Commission has reviewed tbe Planning & Zoning Commission
this prOPOS~ and bas concurred and refer to the Planner to work
in tile fo\JoW[ng oiJSOI'Vations: with-Mr. Da.,;s. Seconded by Conn'
a. 11hat ouI>stantial "slues h""" cilman :?regler. Camed by tile
been estæb1isbed In Ibis area by foJ1l>wing vote:
virtUe of tile existing sing1e fa,milY Yeas - Mayor Moldenhauer,
residential use, developable topo- Councilmen Justmann, Pregler,
gr>8phy, and nætur"l amenities, Thoms.
such that tI1is site could support Nays - CouncRman Bitter.
bi¡Ø1.quality devetopmoo! for al. Mr. Daniel Dittemore, l)eVeJop.
most any type of residential use. meot Planner, submitted an ex-ten.
b. That any development pro- .we review of transacotions and
posed for tbe site must aSSure consultations with Mr. Davis of
maintenance of the environmental the G. M. and M. ComPSny for
values already present In tbe area, reclassi£ication of the area loeæted
and tI1at a proposal for a modular at W. 3i2nd Street and J. F. K.
home cem,munity would be wppro. Road.
priate oD'Iy where ex:c~ionally Mayor 'Moldenhauer '!loved that
bi¡Ø1 standards of development and the rules be suspended in order
operation could be assured. to let anyone preseot adórJ>sS 1he
c. That the proposal of G. M. Council if they 00 d...ire. Second.
and M. CompanY must be admlnis. ed by Counclhnan Pregler. ear.
ter"" 1;hroUgh the mobile bome ried by tile following vote:
park provisi<>nS of the Zoning 0<. Yeas - Mayor Moldenhauer,
Adjourned Regular Session, October 3, 1972
463
Councilmen B; t t e r, Justmann,
Pregler, Thoms.
Nays - None.
.Mr. Daw. submitted his ideas
along with house plans for a site
cleveloipment at the corner of 3I2nd
St. & J. F. K. Road. They would
cater to Adults only. The area
must be developed as a' tract. The
Investment would be a;bout one mil.
lion doHars, plus the ]and costs
P'lanto put eight units on an a~re.
Cluster the units and use the furest
for parks. The units would he pur.
chased at a price of $12,000, plus
a moothly ren~sl of $50. Mr. Earl
Mason addressed the Council by
stating tIlat they woo1cl be willing
to >Ut In writing as to the pr0-
vision of amenities.
Petition of Darlene M. Weigand
et al (49 signatures) dbjecting to
the reelassific'ation of the property
at the northeast earne.- of 312m!
street and J. F. K. Road from
Single F,a'mi[y to Multiple class!.
fi~ation, presented and read. Coun.
cilman Pregle.- moved ,that tile ¡pe.
tition of objection be referred to
the Planning & Zoning Commission
fur consideration when they con.
suit witll Mr. Da'w. on the modu.
lar home concept. Seconded by
Councilman Thoms. Carried by the
fo1Jow!ng vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Petition of Rohert M. Meyer et
aI {[09 signers) supporting Plill
IJangas In JUs effort to dbtain a
class "B" beer Jicense in 'a class
"A" zoning ela,ssificatlon, propel1!y
located at 1[05 Loras Blvd., pre-
sented and read. Councilman Bit.
ter moved that the petition be
reeeived ,and ffied. Seconded by
Ma.yor Moldenhauer, Carried by
the fullowing vote: I
Yeas - Mayor Moldenhauer, I
CouøcUmen Bit t e r, Justmann,
P-regler, Thomo.
Nays-None.
Mr. Phil Langas addressed tile
CouDCil soJicit[ng SUJIPOrt to -alJow
the sale of beer under a Class
B beer license.
September 28, 1972
Honorable Mayor
and Council Members
The City of DubuquePlannlng
and ZonIng Commission -has made
a review of proposed amendments
to tbe Local Business "A" classi.
fication of tile Zoning Ordinance
and to Ordinance No. 4111-72 provid.
ing for the sale and consumption
of beer within areas classified
Local Business "A".
l! was reported to the Com-mts.
sion that thesea-mendments were
drafted for the purpose of resolv.
ing tbe 10ng.stan<Üng request for
permission to sea bee.- at 1[06
,Loras &ulevard, In premises pre.
sently zoned Local 'Business "A".
The Commission has consisteøtly
resisted earlier petitions to reclass.
ify these premises to a zoning
district permitting the opera,tion
of a tavern, finding that ta..erns
or other business uses not now
permitted on those premises would
be Incompatible with the surround-
Ing residential area. The _Ii...
lion of the proposed amendment
would ha've basically tile sa'me ef.
fect on tile neighborhood as a zon-
ing reclassifiC<lltion. The Commts.
sion has, therefore, determined
tllat this amendment is contra.ry
-to tbeir judgement on tihis matter
as it ha-s been eJOpressed on four
previous øca"ions.
The Commission is also -are
that the Proposed amendment
would have a potential aPIPlication
witihin all areas now clasaified L0-
cal Business "<A". Like the Laras
Boulevard -area, many of ti1ese dis.
tricts are contained ,within resi.
dential neighborhood". Adoption of
the proposed amendmeot would In.
vite pressures for the establish-
ment of ta,verns In those zones
without providing any rigid salfe.
gnards for the protection of a' reo
sidential environment.
It is the unanimous opinion of
the P1anning and Zoning Commts.
sion that efforts to accommodate
the operation of a tavern at 1105
[,oras &ulev>ard or at "ther areas
zoned for Local Business "A"
would compromise the best inte-
rests of the immediate neighbor.
hood and of the community at
large. fl'I1e commission ha,s urged
that you reject this amendment.
CITY PILANMNiG AiNID
ZONJiNIG OOMIMJS&roN
Daniel 'Dittemore
Development Planner
Cooøcilman Pregler moved that
the recommendation of the Plan.
ning '" Zoning Commission he ..p-
proved and the Langas petition
464 Adjourned Regular Session, October 3, 1972
be denied. Seconded by Council. the location of the premises 01
man Thoms. Roll call on the mo- a Class "B" Boer Permit within
tion was as follows: a local Business "A" District das.
y.eas - Councilmen Pregler siflcetion.
Thoms. presented and read.
Nay~ - Ma~or Moldenhauer, Mayor Moldenhauer moved that
Councilmen. BIt t e r, Justmann, the reading just had be considered
MotIOn failed. the first reading c>f the Ordman"".
ORDI'N;ANCE NO. 53.72 Sec~ded by Councilman Pregier.
An Ordlnanca amending end CarrIed by the foll<lwmg vote:
changing Ordinance 3-34 known as Yea~ - M~yor Moldenhauer,
the "Zoning Ordinance of the City Councilmen B' t t e r, Justmann,
of Dubuque, Iowa", By repealing Pregler. .
Section t of Article V-A thareof, Nays - Cou""ilman Thoms.
and adopting a new Section 1 of Ma.yor Mo1d<;nhauer moved that
Amc:!e VA In lieu thereof, to clas. the rule requmng an Ordmance
oily restaurants, cefes end cafe. to be read on three separate da~s
tori.. as u- _rate and dls. be walved. Seco~ by Cound!-
tinct from retail stores, end to ma'.' Pregler. Carned by !be fol-
permit the .ale end consumption lowmg vote:
of beer there,l", under certain _. Yea~ - M'~yor Moldenbauc<,
cifled c_ltions. Councilmen Bit t e r, Justmann,
Pregler.
pr~:Um:d J:::'~ann m a v e d Na.ys - Co<mcilinan Thoms.
that !be reading just had be con. Mayo~ Mold<;nhauer moved that
sidered !be first reading of the a ~bltc hea,nng be beld on the
Ordina:nce. Seconded by COuncil. Ordmance on November 6, 1972
man Bitter. Carried by the fol. at 7:30 P.M. m. the Councll
lowing vote: Chamber ~t the Clty !Ian and
Yeas - Mayor Moldenhauer, that bh<: City ?lerk be 1UStruC~ed
Councilmen Bitt e r, Justmann, to publish notice of. the heanng
P~e¡¡1e~ 'l1homs m tile manner reqUlred by law.
NaYS' - Non~. Seco'.'ded by councilm.an Pregler.
Councilman JustmaWl m 0 v e d Carried by the EoIllowmg vote:
that the rule requiring an Ordi- Yea~ - M~yor Moldenhauer,
nonce to be read on three se. Councllmen B 1 It e r, Justmann.
parate days be waived. Seconded Pregler.
by Councilman Bitter. Carried by Nays - Councilman Thoms.
the foJ ,owing vote: September 25, 197e
Yeas - Mayor MoJdeDl>auer, Hon. Ma,yor
Councilmen Bit t e r, Justmann, and City Council
Pregler. Thoms. On July Z1, =, MO's. Loras
Nays - None. Hosdl of 1955 Garfield, this city,
Councilman J"ustmann m 0 v e d filed claim on beha'lf of her dau!lh.
that a hearing be held on the ter, Linda HoSch, against the City
Ordinance on N0'7"mIber 6, 19'1'2, of Dubuque in an unspecified
in the Council Cbamber at the amount, alleging thO!! said da:ugh-
City HaJi O!! 7:30 P JM. and that ter chipPed a front tooth on July
!be City Clerk be instrUcted to 25, 1972 as the result of hitting
publish notiCe of sa.me in the man. a tooth on the ladder while climb'
ner required by l"w. Seconded by ing out of the Dubnque Municipal
Councilman Bitter. Carried by the Swimming pool.
funowlng vote: This matter was referred to the
Yeas - Mayor Moldenhauer, a¡;propriate City Agency who made
Coun>eümen Bit t e r, Justmann. an investigation !bereof a:nd reo
Pregler, 'l1h<>ms. ported by letter to this office on
Naya - None. Septemher 19, 19'1'2 of no liability
or negligence on the part of tile
ORDINANCE NO. 55.12 City of DUibuqu.. and in view of
An ordinance amending Ordinance the foregoing it D the recommenda-
46-12 by .--aling SectIon 4 thare- tion of the City Attorney tIlat the
of and enacting a .... Section claim of Mrs. 1.0.... Hbsch 011 be-
4 in lieu thereof to provide tor half of Linda Hosch be denied.
Original Claim is returned here-
with.
Adjourned Regular Session, October 3, 1972
465
R. N. Russo
City Attorney
Councilman PreglCT mowó a,p.
prova¡ of the recommendation. Se-
conded by Mayor Mol_auer.
Carried by the fotiowing vote:
Yeas - Mayw Moldenhauer,
Councihnen Bit t e r, Juotmann,
Pre¡¡ler, '!'boms.
Nays - None.
September 22, 187'2
Honorable Mayor
and City Council
Rayomond L. Marilin of 31170 Ka1!f.-
mann, this city, filed cla.m a,gainst
the City of Dubuque ..Deging da.
mag... in the Itmonnt of S60.00
caused to his motor YeIIicle on
September 13, 19'1'2 as the result
of striIring. a patch of rock. and I
mud on the street on RooMaie
Road "ear the 2000 blod:.
This matter was referred to the
City Attorney's of.lfice ..bo investi.
gated sa,m" and checked with the
Street Department and finds no
actionable negligenœ on !be part
of the City of Dubuque as !be
wasl1<lut had been caused by ex.
tremely heavy rains that occurred
that date. It is therefore the re-
commendation of tbe City Attor-
ney's odjfice that said c1!aim be
denied.
Original Claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Pregler moved ap-
proval of the recommendation. Se.
conded by Mayor Moldenhauer.
Carried by the Mlowing vote:
Yeas - J4'ayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Sel>tember 22, 1972
Honorable Mayor
and City Council
On September 15, 1972, E. D
Forslund of 899 Eane Street, this
city, filed claim against the City
of DuOOque alleging he struck a
trenched eJ<ca,vation on North
Grandview 200' north of Kaufmann
on September 1-1, 1972 and tIlereby
causing damages to bis motor ve-
hicle in the amount of $-171.00.
'Ilhis mattCT was referred to tile I
City Attorney's oIflce _ch has
reviewed same and finds no liahil.
ity on the part of the City of. Du.
buque sin~e at said time and pI-
said street wa'S under construc-
tion by Fondel! and Sons and said
cla.imant has since been ref..rred
to said contractor. In view of. the
f.oregoing it is the recommenda.
tion of the City Attorney that saM
cla.im be deuied.
Original cw,m is returned here.
with.
R. N. Rnsso
City Attorney
Councilman Pce'g1er moved ap-
proval of the recommendation. Se.
conded by Mayor Moldenhauer.
Carried by the following V<Jte:
Yea.s - Mayor MoIdenhau...,
CouDcilmen B it Ie r' Justm""",
Pregler,. 11IIoms.
Nays - Non".
Notice of claim of Steven E.
BOihl, in an estimated amount of.
$99.66, for car damage incurred
as th" result of driving into a
ditch on Da,vls Aivenne on Sep-
tember 15, 1972, jIi"...ented It n d
read. Mayor MoJdeDhauer moved
that the notice of claim be reo
ferred to the City Solicitor fur
in>vœtiP1:ion ,800 report. Seconded
by Councilman Pregier. Oan-ied
by the f.ollowing vote:
Y"as - Mayor M_nhauer,
Councilmen Bitt e r, Justmann,
Pregler, 'I1homs.
Nays - None.
Notice 01. claim of Robert J.
Arensdorf, in the amount at $600.,
f.or damage incurred "" the result
of a brobm sewer line at 350 Kaof-
mann Ave. on June 10, UJI12, pre-
sented and r"ad. Mayor MoJden-
hauer moved that the notice of
claim 'be referred to tile City So-
!i.citor fur iDvestigationand report.
Seconded by Councilman Pregler.
Carried by tile follGwing vote:
Yees - Mayor MOldenhauer,
Councilmen Bit t e r, Justm-ann,
Pregler, Thoms.
NayS - None.
Notice of claim of M"". Tom
Schnee for .property damage and
expense incurred in the amount
at $2f5.00, as the result of a city
wall caving in on her property
at 920 A1thauser Avenue on Au.
gnst end and additional damage
sustained on September 12, 1972.
Mayor Moldenhauer moved that
the no1i~e of claim be relf.erred
to the City So1icitor for investiga.
tionand report. Seconded by Coun-
466
Adjourned Regular Session, October 3, 1972
cilman, Pregler. Carried by the \
following vote:
Yeas - 14<\,yor MOldenhauer,
Councilmen Bitt e r, Justmann,
Pregler, Thoms.
Nays - None,
Petition of James ;p. and John
W. Riley, by Leo A. McOarihY
attorney, requesting rezoning of
lA>t 14 in Dreibelbie. Addn. 1<>-
cated at the comer of RIIomberg
and StaÆford, from Two F'amilY
Classification to Business "'B" clas.
sification, prMOOted and read.
Councilman Pregler moved tbot
the petition be relerred to the
Nanning .,ZOninI! CoJlunissi<>n;Se-
conde<l 'by CouncilmaJl Bitter. Car.
ried by the f.ollc>wl1>g "vote:,
Yeas - Mayor'JlDldenhauer,
Councilmen Bitt" r, Jusbmann,
Pregler, Thoms.
Neys - NOOe.
Petition of Donna L. Ma'as et
01 (31 signers) as residents of Jack.
son Street reqlle5tlng a'nest of all
trdfic ,violators f.or impr<>perve>
hide starts-camess & rØckless
drivin1!-driving while under the in.
fluence, Oif a controlled ~nce' I
endangering lives in genera'l.speed
in "",,"ss of 100 m.p.b. (no street
add- poseible 24th . Jacl<son
Street area), preseøted and read.
Councilman p,re,gler moved that
the petition be referred to the Ci.ty
Manager and staff for investiga.
tion and report. SecOnded byCoun.
ci1manThoms. Carried by the fol.
lowing vote:
Yeas - 14<\yor Moldenhauer, I
OouDcilmen B ; It e r, J"""mann,
Pregler, Tboms.
N..ys - N<>ne.
Petition of Y Men's Halloween
Parade Chairman requesting per.
mission to schedule the Amlual
Hall-- ¡>aTSde for the com.
mllnity on Monday night ()ot.dber
30, 1911! p....ented and read. Coun.
cilman Bitter moved approval of
the petition subject to æpprov"l
of the City Manager. seconded by
Mayor Moldenhauer. Carried by
the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitt e r, Justmann,
Pregler, Thoms.
Nays - NOOe.
RESOLUTION NO. 3O7.n
Resolution accO lling and providing
lor the execution of a p.-od
Urben Planning Grant Awilrd
WlHEItEU\S, under Section 70-1 of
the Housing Act of -1954, as amend.
ed, the United StatM of Ameri<:a
('herein called the "Government")
bas tendered to the Ci.ty of Du-
buque, Iowa (herein caRed the
"'Planning AgeDCY") a proposed
Urban Planning Grant !.ward un.
derwhich the Government agrees
to make' a """nt to the iPla,nning
Agency to aid in ftnancing a Pro-
gNlm, designated Program No. 10-
wa.P.171; and
WIIJIE)RJÐAS, the planning Agency
bas given due consideration to said
propoaed Grant AlWard; and
\WJ!E¡RIEJAS, the Planning Agency
is dulyautho~. under and pur.
suant to the Constitution and laws
of the Stale of Iowa, to undertake
and carry out said Program and
to accept tile Grant Award:
BE Jfl' RÆISOLVED BY the Oity
Council of the City of Dubuque,
Iowa ,AS FOLILOWS:
Section 1. The proposed AlWard,
designated "Con,prel>ensive Nan.
ning Assistance GNnt, program
No. Iowa.¡>"¡71", consisting of
Parts I, III, a'ad lillI, under and
suibject to the provisions, terms,
and conditions of wbicl1 the Go.
vernment will mate an Urban
Planning Grant under Seetion 701
of the Housing Act of 1954,' as
amended, to tile Planning Agency
to aid in financing the cost of
program No. Iowa..?-I1:/Il, situated
in Dubuque, Dubuque County, I0-
wa, is hereby in al1 respects ac.
cepted .
Section 2. The City Matta,ger is
hereby authorized and directed to
execute "",id Gra:nt Award in two
countertparts on hehallf of the Plan.
ning Agency, and the City Clerk
is hereby authorized and directed
to impress and attest the official
sea¡ of the Planning Agency, if
a,ny, on each such counterpart and
to for,ward such coùnterparts to
the Department of Housing and
Urban Development, together with
sud> otl1er documents relative to
the acceptance and execution
thereof as may be required by
the Government.
Section 3. The City Manager is
hereby authoriaed to ~le requtsi.
tions, together with necessary sup-
porting dOcUments, with the G0-
vernment, from time, to time as
Grant fund. arerequlred, request.
Ing payments to be made to It
Adjourned Regular Session, October 3, 1972
on account, of tile G, ra, n, , t provided 'I' P, ,assed, a, pproved and ado, pled
for in the AlWard, and to do aud this 3rd day of October, 1972.
perform all other things and acts Wayne A. Moldenhauer
required to ,be done or performed 'Mayor
in order to obtain suci1 payments. I Walter A.I\regler
Section 4. The Planning Agency ARan T. Thoms
agrees to abide by aR of the pro- C. Robert Justmann
visions, terms, a,nd conditions of Joseph J. Bitter
said Gra'nt Alward. Councilmen
Section 5. This Resolution shall Attest:
take effect this da,y of October Leo F. Frommelt
3, 1972 . City Clerk
Passed, approved and adopted Councilman Pregler moved adO >-
this 3rd day of October, 1972. tion of the resolution. Seconded
Wayne A. Moldenhauer by Councilman Bitter. Carried by
Mayor the following vote:
Walter A. Pregler Yeas - May,or Moldenhauer,
Allan T. Thoms Councilmen B ¡ t t e r, Justmann,
C. Rabert Justmann Pregler, Thoms.
Joseph J. Bitter Nays - None.
Councilmen RESOLU1'ION NO. 309.12
That this Counci'l go on record
stating that it is our present and
foreseeable intent not to disturb the
residents of the Colder Valley
neighborhood by the introduction
of a ~reewaY"Xlpress<way link in
that area, presented by Coundl-
man Justmann.
Councilman Justmann moved for
adoption of the resolution. Motion
died for læck of a second.
Councilman Pregler m"""d that
adoption of tJhe resolution be re-
jected. Motion died for lac,k of
a second.
October 2, 1972
The Honorable Mayor
and City Council
Re: City of Dubuque, Iowa
Sewer and
Waterworks Improvements
Center Grove Sanita,ry Intercep-
tor Sewer Contra~ I Section 1,
Waterworks Improvement.
Moderniza-tion Contract II Sec-
tion 1.
Feeder Main EJrtension Contra,ct
1I
Sections 2, 3 and 4.
On September 26, 1972, at 10:00
a.m. bids for the construction of
the above described projects were
received. F'>Ilowing is a summary
of the bids received.
Center Grove Valley Sanitary In-
terc..ptor Sewer Contract I, Sec.
tion 1
The lowest and best bid received
was submitted by the M. F. Goerdt
Construction Company of Dubuque,
Iowa. The total bid W!8S $253,600.72.
Their bid was 6.6% below the En.
gineer's estimate.
Attest:
Loo F. Frommelt
City Clerl<
M'ayor Moldenhauer moved adop.
tion of the rerolution. Seconded
by Councilman Pregler. Ca,rried
by the following vote:
Yeas - Mayor MoJdenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
N..ys - None.
R'ESOLUT'ION NO. 308.12
~, Dubuque Packing
Company has executed and deliver.
ed a perpetua!l easement for the
constrUlCtion, operation, and main-
tenance of a storm sewer, dated
September 21, 1972; and
Wlll!ERŒJAS, delivery of said
easement should be accepted by
the City of Dubuque, Iowa;
NOW 'l1HERiEíFORiE BE IT !liE.
SOliV'ED BY TIllE CITY (J(JillKJI'L
OF THIE CITY OF DUIBUQUE,
IOWA:
Section 1. That perpetual ease.
ment of the Dubuque Packing Com-
pany, dated September 21, 197(!
covering the foIlowing described
real estate, to-wit:
The Southerly 1,300 feet of Lot
2 of of lA>t 2 of River Front
Subdivision No.4, according to
the .Recorded Plat thereof
which bas been delivered to the
City of Dubuque, Iowa be and th~
same is herelby approved and de-
livery Is herewith ""Cl\Pted.
Section 2. That the City Olerk
be and he is hereby authorized
and d.rected to record the same
In the records of Dubuque County,
Iowa.
467
468
Adjourned Regular Session, October 3, 1972
illl~II~II~II.ill~li.
Adjourned Regular Session, October 3, 1972 469
(Awo,rdlng Contract) haw been submitted ,by contrac-
RESOLUTION NO. 310.12 I tors fur the Contr,act U ¡Watel1WOrks
WiHEiItE1AS, sealed proposals Improvement Feeder MaJÌn E><ten-
have been SUibmitted by contoo,c- sian. Section 2, West 3and Street;
tors fur the Center Grove Valley Section 3, ¡Park Hi1l; Section 4,
Sa'nitary lnterc'lptor Sewer -1972, Hig!1way #;!O pursuant to Resolu-
MUD Project Number WS-Iowa-99 tion No. 2SI4-J12and notice to blddèrs
pursuant to Resolution No. J!56.,72 PIlhlished in a newspaper pubJished
and notice to biddens published in said City on Augnst aI, 1972
in a newspaper ]>t1blisbed in said and August 18, 1!J12; and
City on August 11, um and Augnst ~,said s"a:led propo.
18, 1!J12; and sals were opened 'and read on Sep.
WlHEJRŒJAS, said sealed propo- !ember:l.6, 1197!!, and it bas been
sals were opened and read on Scp- determined ,tbat tile hid of 114. F.
tember :1.6, 1972, and it ha's been Goerdt Coostruetion Co. of IDubu.
determined that the bid of M. F. que, Iowa in the amount of
Goerdt Construction Co. of Dubu- ~,,445.50 wa's the lowe5t bid for
que, Iowa in the amount of the furniohing of all labor and
$253,OOO,'7!! was the lowest bid for materials and per{orn1ln,g the w<>rk
the furnishing of all labor and as Prov:ided for in the pl~s and
materials aud performing the work specifi"OItions; now, thered'ore,
as providoo for in the plans and ,BE ur ,RESOLVE;¡) ,by the City
speej£[cations; now thereIfMe, Council of the City of IDubuque
BE IT REEOùVED by the City that the contract for the above
Council of the City of Dœbuque mentioned improvement he award-
that the contract for the above ed to 114. F. ,Goerdt Constroction
mentioned improvement be />Ward Co., Dubuque, rowa subject to the
ed to M. F. G<>erdt Construction approval of tile Department of
Co., Dubuque, Iowa, subject to the Housing ánd ,Um.an Development
a¡pproval of the DeplWtment of and the M'anager ,be and he is
Housing and Uroan Development hereby directed to execute a eon.
and the Mana,ger he and he is trlrot on lbeha]ll' of the City of Du.
hereby dkected to execute a con buque for the "<!mplete perfar-
tract on hehaji of tile City of Du- mance of said work.
buque fur the complete perfor BE ur I!1UiRfI1H!Em RiESOINEiD,
mænce of said work. that upon the signing of saJÌd con-
DE lII' FUil!IrßjEJR RJEBOLVED, tract ,and the approval of the eon.
tbat upon the signing of said con- traciors bond the City Treasurer
tract and the approval of the con. is ,authorized and instructed to re-
tractors bond the City Treasurer turn tile hid deposits of the uú-
is authorized and iMtructed to 1 successful bidders.
turn the bid deposits of the un. P'assed a'nd adopted this 3rd day
successful bidden. of Octoòe.-, JØl2.
P""sed and adopted this 3rd day Way"" À. Moldenhauer
of October, 19'1'2. Mayor
Wayne A. Moldenhauer Walter A. P,regler
I(ayor Allan T. 'I1boms
Walter A. Pregler Councilmen
A!!lan T. Thoms Attest:
Councilmen Leo F. Frommelt
City ,OIed[
Councilman Pregler moved adoI"
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by UIe foBowin¡ ,vote: .
Yeas - Mayor iMoldenbauer,
Councilmen Pregler, Thoms.
Na'ys - Coon-cilmen 'Bitter, Just-
mann.
(............. CC!n!roct)
>RESOLUTION NO. 31S-72
~, sealed prOl><>Slllls
ha,ve been submitted by eontrac-
ton for Contract U Waterworks
We recommend tilat the Contl'act Yeas - Mayor Moldenhauer
J, Section 1 be aowarded to the Councilmen Bit t e r, Justmann'
M. F. (Joerdt Construction Com- pregler, Thoms. '
pany sulbject to tbe concurrence Nays - None.
of the Department aI. HiJusing and Proof aI. Publication, certitied to
Urban Development. by tile publisher, of Advertisement
'1Jhe City sha", of the construc- foc bids for the eoostruetion of
tion of thia sewer is inclnded in Center Grove Va}[ey Sanitary In.
the 1972 budget. terceptor sewer, presented and
Modernization Contract ii, Section read. Councilman Pregler moved
I that the proof of publication be
The lowest and best bid received received and filed. Seconded by
was submitted by WesliÞbal and Mayor Moldenhauer. Ca-rried by
Company of JOanesv'&le, Wisconsin the following vote:
alld l)ubuque, I-a in tile total Yeas - Mayor Moldenhauer,
amount of $555,000.00. '!be Engl. Councilmen Bit t e r, Justmann,
nee<"s elllimate W8l! $6115,000.00. Pregler, 'lboms.
We recommend that the coolir'aCt Nays - None.
be &<warded as recommended by Proal. of Publication, certified to
our engineers; subject to tile final by the publisher, 01. MNertisement
concurrence aI. the Department of for bids for """.....,tion of Water
Bouing a<>d Uz¡ban D",,<\1Oþlllent. Worm Improvements, 1972 Feeder
Feedor M8In Extensions Contract Main E"tension, presented" n d
U. Sedlons 2. 3 and 4 read. Councilman Pregler moved
'!be lowost and best bid reee;~ that the proof of puhlication be
was submitted by M. F. Goerdt received and fi)ed. Seconded by
eonstrUctiGn ComplWY aI. DW>uque, May« Moldenbauer. Carried by
Iøw.. The tied bid for Sootions the following vote:
2, 3 and 4 was $t4II,tI!45.50. The Y,eas - Mayor Moldenhauer,
EngiIIeer's e" t i m a, t e was Councilmen Bit t e r, Justmann,
$4IIII,SII6.50. Pregler, Thoms.
We rœommend that ... CoJItrIlct Nays - None,
]1, SectioDS 2, 3 all<! 4 be &>warded proof of PubJ}eaÜon, certified to
all recommended by our eng;neers, by tbe Pulbiisber, of Ad;vertisement
øubject to the ~ coneurrenœ for hidJ¡ for eonstmction of Con-
of the Department 011' Housing and tNCt JII-Seetion I for Waterwor's
UI'ban IJevelq>ment. Modernization 1972, presented and
We ba"" analy:oed the cash Bow read. eouneitman P'regler moved
projected in the Water Department tIlat the proof of pnbliœtion be
for the year. 19'12 a,nd ~. Our received and filed. Seconded by
analYsis at tIrls time indleat... a Mayor Moldenhauer. Carried by
tota:l 1Iftilab~ cash balance fur the ~ng rote:
the two year period, applicable Yeas - Mayor Mohlenhauer,
to 1his cons1ruA:tion, of $l,O65,!194.H. Councilmen D ¡ t t e r, Justmann,
The totli eost of these improve- Pregler, Thoms.
meats tOO&y, iDeludmg engineering Nays - None.
and contingency is $l,aæ,23<4.50. Mr. Dick SeØltz objected to the
UtiJIizin¡g $63,640.48 01. an e"pected Council retatlVe to the tie in me.
_,460.00 HiUID reimbursement, tiled used in the bidding procedure.
the entire imp""",meBt JII'O1! ."8Ð1 Mr. l'*Ul Ombraøl of H. D. &
can be financed. R. stated that In hi. opinion tbat
In general, we are pleased with everyÜ1ång iJ; in peIiect ...der and
the bidJI as reeeilved on the pro- it was a choice on the part of
jeGI 1114 It ill - ~mqlelllia. the 'biddera.
tion tIlat a~ J'tIIdatio.. Cøun<\iImIà BiWD" ..,...edtø taII-
he pasoed a'Warding sa,me subject Ie action to a.wHd ttfttil next week.
to HiUID <:ooeurrenee. Seconded by Couneilnmn Jus t-
Gilbert D. CIIavenelle mann. RoU cali on the motion was
City 11-- as foJlaws:
ConnCiiman Pregler moved tbat Yes - CoImcibnen mtter, JIISt.
the oommunica,tiou he received and mann.
filed. Seconded by M'ayor Molden. Nays - Mayor Moldenhauer,
bftCr. Oat'riad by the foli,owIng Counciùnen pregler, Thoms.
vote: Motion faUed.
Mtest :
Loo F. F'rommelt
City Clerk
C<>tIDCHman Pregler moved adop-
tion of the reaolution. Seconded
by Mayor Mold.....,.. Oamed
by the follow1ng vote:
Yeas - Mayor Moldenhauer,
Councilmen Pregler, Thoms.
Na'ys - Couooilmen ;¡tter, Just.
1IIIInn. '
(Awarding Comract)
RESOLU1'ION NO. 311.12
WŒIEREIAS, sealed proposals
470
Adjourned Regular Session, October 3, 1972
to sell Qigarettes and Cigarette
Papers witl1!n said City.
Rudy Dittmar, 1646 Asbury Road
David E. Zimmerman, iIJ97 Clarke
Dri¥e
BE lfI' ,FlJIR'l1ßiEm RiESOLVEID
that the bonds filed ,wiUl the ap-
plication be 'approved.
Passed, adopted and approved
this 3rd day Of October, 1972.
Wayne A. Moldenhauer
Mayor
Waiter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Modernization.19'l2, Section I pur-
suant to Resolution No. 250-'12 and
notice to bidders published in a
newspaper published in said City
on August '11 .19'l2 and Augnst18,
1972; and
WIHE~, said selded propo-
sals were opened and read on Sep.
tember 26, 19'12, and it has been
determmed that the ,bid of West-
phal & Co., Inc. of Dubuque, Iowa
in the amount 01. $555,000.00 was
the lowest ,bid for the fornishing
of ,an }aborand materials and
performing the work as ,provided
fur in tile plans and specifications;
now therefore,
BElfI' RESOlNiEID by the City I Attest.
Council of the City of Dubuque Loo . F Frommelt
that .the contra"¡ for the above City 'Clerk
mentioned ,mprovement be _am- Council,man Pregler moved adop-
cd to Westphal II:< Co., inc. Du- tion of the reS<ilution. Seconded
b,U, que, 'Iowa SUb,¡ect. to, the a J- \ by Cou,ncil,<m,'an, Bitter. carried, b,Y
p",val of the Department of ROIlS' the following vote:
lUg 'and Urban Develop~e~t and Yeas - Mayor Moldenhauer,
the Manager be and he is hereby Councilmen Bit t e r Justmann
directed to execute, a,' contra<Ct on I Pregler, Thoms.' ,
behali <>f the City <>f Dubuque ,f<?r Nays - None.
tile complete performatæe of saId
work. ,R,ESOLU11ION NO. 314-12
BE lfI' FU1R1I1HIEŒt RiESOLVEID, W!HERE)AS, 8JPPlications for Beer
that upon the signing Of said coo- permits ha<ve been submitted to
tract and the approval of the ron. this Council for approval and tile
tractors bond the City Treasurer same halve been eumined; NOW
is authorized and instructed to re- 'I'!mRiE!F0RE,
turn the bid deposits of the un. BE 1'1' RESQiLVIEID by tile City
successful bidders. Council 01. the City of Dubuque,
Passed and adopted tms 3rd day Iowa, that the foDmving appJiica.
of October, 1m. tions be grauted 'and ,permits is-
Wayœ A. Moldellhauer sued upon the compliance with the
Mayor terms of the ordinalliCes of tile
WaIter A. Pregler City.
Allan If. Thoms C,~ "B" BEE!R PE,RMIT
Coutæilmen Donald C.Brimeyer, UOO lJincoln
Attest: ~~ "C" BE'ERP'EIRMiT
Loo F. Frommelt . '
City Olerk Natlonal Tea Company, 2013 Cen-
Councilman Pregler movedadop- tral Avenue .
tion of tile resolution. Seconded Kopple Market, Inc" 1008 Umver.
by Mayor Moldenhauer. Carried ~lt~ Ave,nue .
by tile following vote: MISSISSlppl Valley Milk Prod. Assn.
Yeas - Mayor Moldenhauer, Inc.-, . ~ Centra~ Avenue
CoUnc-ilmen 'P,regler, æhoms. MlSslSS>ppl Van~Mi1k ,Prod. Ass,n.
Nays - CoUncilmen Bitter, Just. I~., 2:111 ~m~sor. Avenue
mann Holiday on DIstributing, Inc., SO5
. Dodge Street
RESOLUTION' NO. '313-12 Holiday on Distributing, Inc., 1401
BE ¡lfI' I\IESOLVIEID by the City Central Avenue
Cooncil of the City ,of -Dubuque, Holiday Oil DiatrilJuting, Inc., 400
Iowa, that the following hONing Rhomberg Avenue
complied with the provisions of Holida'y Oil Distributing, Inc., 1685
18iW relating to the sale <>f Ci- J. F. Kennedy Road
garett... within the City <>f Du. Holiday 011 Distributing, Inc., 9&1
buque, Iowa, be gl'8nted a per,mit Dodge Street
Adjourned Regular Session, October 3, 1972
Nabors of Iowa, Inc., 1920 Elm
Street
Passed, adopted and _roved
this 3rd day of October, a972,
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan '1'. Thoms
C. Robert Justmann
Joseph J. Bitter
CoUncilmen
Attest:
Loo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter, Garried by
tile following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, 'I'boms.
Nays - None.
RE'SOLUl'ION NO. 315.12
WŒŒJREiAS,app!ications for Beer
permits were filed by the within
named a'pplicants a'nd they ha,ve
received the approval of ,this Coun.
cil; and
WHEiREIAS, the premises to be
occupied by such applica,nts were I
inspected and found to comply with
the ordinances of this City and
they have filed proper bonds;
NOW rnEREFORE BE IT RIB-
SOLVED by tile City Council of
the City of Dubuque, Iowa, that
the Mauager be authorized to cause
to ,be issued to the following named
applicants a'Beer permit.
OLASS "B" BEER PE'RMIT
Donald C. Brimeyer, 1100 Lincoln
Avenue
C'LASS "C" BE,ER PE,RMIT
National Tea Company, 2013 Cen.
tral Avenue
Kopple Market, Inc., IOO8 Univer.
sity Avenue !
Mississippi Valley Milk Prod. Assn.
Inc., 1546 Central A"enue
Mississippi Valley Milk Prod. Assu.
!nc" 2:111 ,Windsor Avenue
Holiday Oil D>stril>uting, Iuc., SO5
Dodge Street
Holida~ Oil Distributing, Inc., ,1401
Centra'l Avenue
Holiday Oil Distributing, Inc., 400
Rhomberg Avenue
H"liday Oil Distributing, lire., 1685
J. F. Kennedy ,Road
ROli,'d ay Oil Distribn, tlng, Inc., 9&1 I
Dodge Street
Nabors of Iowa, Inc., 1920 Elm
Street
471
BE IT FURII1HiER RIESO<L\\E[)
that the honds filed ,by such appli.
cants be and the same are hereby
approved.
Passed, adopted and apprcwed
this 3rd day of o.,tober, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Mlan '1'. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Loo F. Frommelt
City Cilerk
Councilman Pregler moved adop-
tion <>f the resolution. Seconded
by O<Nmdman Bitter, Ca1Tied by
the following vote:
Yeas - Mayor Moldenhauer,
Councilmen B; t t e r, Justmann,
Pregler, Thoms.
Na'~s - None.
R'ESOLUTION NO. 316-72
\WJ!ERœ)AS, applications for Li-
quor licenses have been submitted
to this Council for approval and
the same ha<ve been exa'mined,
NOW 11HEI!iEœ"OR.E BE IT RE-
SOlJViEID by the City COuncil 01.
the City <>f Dubuque, Iowa, tha't
the following 'sp¡l[ica'tions be grant.
ed and licenses issued upon tile
compliance with the terms of the
lIOWA LIQUOR OONl'JIOL AOn-
OHtAlPI1ER l31-as amended by the
64th Generaly Assembly, 197I1.
ClASS "B" lHOTEt. OR MOTE'L)
BEER & L;IQUOR LICENSE
Anthony A. & Bette O. Helling,
701 Dodge Street
CLASS -'C" (COMMERCIAL)
BEE!R & LIQUOR LIC'ENSE
Doris TIgges, Zl7IJ Ja~son Street
Jeanette M. Kroeger, 401 Rhom.
berg Avenue
Cyril John Fries, 201 East -d
Streel
Passed, adopted and approved
this 3rd day 01. October, 1972.
Wayne A. Moldenhauer
Mayor
WalterA.Pregler
Mlan '1'. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. F1romm<!it
City Clerk
Councilman Pregler moved adop-
tion of the resoJution. Seconded
. 472 Adjourned Regular Session, October 3, 1972
bY, Co ,undiman ,.Bitter. ca,'rried , b,y \ co,uncilmen, B i tt,e r, J, ustma:nn
the following vote: Pregler, Thoms. '
Ye.. - Mayor Moldenhauer, Nays - None.
Councilmen Bitter, Justmann, LooF.Frommelt
Pregler, Thoms. City C1erk
Nays - None.
,RESOLUTION NO. 317.12 \ APproved
WIH1EŒtEAS, applications ior Li.
quor licenses were fIled by the
within named applicants and they I Adopted
have received the approval of this
Council, and
WHlEiRJEN>, the premises to be
occupied by such applicants were
inspected 'and foun,d to comply with !
the State Law and all City or-
dinances relevant thereto and they
have filed proper bonds,
NOW 'J.1HE¡R¡EFORJE BE J!l' RJE.
SOilNED by tile Oity Council of
~~n:,i~~¿z:a\.oth:;u~e ¡:a;:g:;. !
sued to the following named ap-
plicants a Liquor License.
CLASS H'B" (HOTE.L OR MOTEIL)
IIIEE,R & LIQUOR UlCENSE
Antbony A. .s. Bette O. HeHlng,
701 IJodge Street
;~: ~C~;I~t~èl~~~;J I Attest:
Doris Tigg..., zrn¡ J,ackson Street
Jeanette M. Kroeger, 431 Rhom.
berg Avenue
Cyril John Fries, 201 East 22nd
Street
Passed, adopted and approved
this 3rd day of October, 1972.
Wayne A. MOldenhauer
Mayor
Walter A. Pregler
Allan T. '.l1homs
C. Robert Justmmn
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resohltion. Seconded
by Councilman Bitter. Carried by
the follDwing vote:
Yeas - Mayor Moldenhauer,
Councilmen B; t t e r, Justmann,
Pregler, Thoms.
Nays - None.
There helng DO further business
Councilman Pregler moved to ad-
journ. Seconded by Mayor Mol.
denhauer. Carried by the iollow-
lng vnte:
Yeas - Mayor Moldeubauer,
197-
197-
Councilmen
City Clerk
Special Session, October 16, 1972
CITY COUNCIL
OFFICIAL
Special session, Oclober 16, 1972-
Council met at 1:30 o'clock P.M.
(CJD.T.)
Present - Mayor Moldenhauer,
Councilmen Bit t e r, Justma...,
Thoms. City Manager Gilbert D.
Chavenelle.
AIosant - Co....."...... Pregler.
MaJ'Qr ,Moldenhauer read the call
and stated that service thereof had
heen duly made and tIlis meeting
is called fur the purpose of setting
a dale of hearing on the 1973 Bud.
get E"ómat. of Expenditure., a,nd
acting upon a Resofution authorlz.
ing the sale, Issuance and delivery
of Project Notes In the principal
a..- of $I,125,OOG. and the eoc...
cuHon of Requi$it!on Agreemant
No. 5-12 In connec:tton witf1 Urban
R-al Pro ect I_a R-15, and
acting upon such other business
as may properly come before a
regnlar meeting of the Counctl.
Commun;cation of N. J. Grete-
man submitting his resignation as
a member of the :F1ire and ?'>lice
Pension Boa'rds, preæ- .. n d
read. Councilman Bitter moved ac.
ceptance ol tbe resignation with
regret àndsuggested that the Ma.
yor send a letter of appreciation
for services rendered. Seconded by
Councilman Thoms. Carried by the
fo~~:~ng ~~a,yor M<>JdenhauCT. !
Councilmen Bit t e r, Justmann,
Thoms.
Nays - None.
Aibsent - Councilman Pregler.
Communication of Dub u que
Pacidng Co., by Mfred Hughes at
torney reque!ltJng the vacation and
conveyance of Ma'ple Street be-
tween 16ti1 and 17th street, pre.
sented and read. Councilman Bit-
ter moved that the com'mun;cation
be refe,rred to the Mana'ger am'
Planning & z"ning Commiss;on. Se-
conded by Councilman Justmann.
Carried by tile following v<>te:
Yeas - Mayor Moldenhauer,
Couneilm... Bit t e r, .Tustmann,
Thoms.
Na,ys - None.
Aibsent - Councilman Pregler.
Communication ci Jerry R. Kra.
mer of 860 IPlea'sant St. objectin,g
to the proposed Couler "'alley cor. ,
473
ridor freeway and taking is'sue with
Councilman Pregler's endorsement
of the Proposed freeway, presented
and read. Councilman Bitter mov-
ed tIla,t the objection he referred
to the Council and consultants. Se.
conded by Councilman Justmann.
Carried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Thoms.
Na,ys - None.
Absent - Couneihnan Pregler.
Petition of William P. Fransen
et al (15 signers) objecting to the
,present proposed routing CO'lTidor
tnown as the Couler "'alley align-
ment presented and read. Coun-
ciI'man Bitter moved that the ob-
jection be referred to the Coun.
cil and consultants. Seconded by
Councilman Justmann. Carried by
the foH<>wing vote:
Yeas - Mayor MoJdenhauer,
Councilmen Bit t e, r, Justmann,
Thoms.
Nays - None.
Absent - CoundIman Pregler,
Communication ci Low-R e n t
Housing Commission submitting
minutes of their meeting beld on
Seiptember "lJI, 1972, ,presented and
read. Councilman Bitter moved
that the minutes be received and
fi1<!d. Seconded by Mayor Molden-
hauer. Carried by the followin,g
vote:
Yeas - Mayor Moldenhauer,
CouncilmenB í t t e r, Juslmann,
Thoms.
Nays - None.
Absent - Councilman PreglCT.
Communication of Ronald J. Her-
rig, a member of the Governor's
Committee on tile employment of
the hand1œpped, requ..ting an a-
mendment to !be buiJding codes
to accommodate physically handi.
capped and elderly, presented and
read. Coundlman Justmann moved
that the communication he refer-
red to the Mana,ger and Building
Commissioner. Seconded by Coun-
cilman Bitter. Carried by the fu}.
lowing mte:
Yeas - M'ayor Moldenhauer,
Conncilmen Bitter, Justmann,
Thoms.
Nays - None.
~bseDl - Councilman Pregler.
Communication of City Manager
swbmitting a proposaq from Ros-
siter & Ha'mm, architects, eowring
study and design for renoV'atjon
474
special Session, October 16, 1972
of the City Hall and reœmmending
that the first phase oil the wor!<
be authOrized, presented and read. I
Mayor Moldenhauer moved tb&t
the rul... be suspended in order
to let any""" present address the
Council if they.. d...ire. Seconded
by Councilman BItter. Carried by
the foIlIOwing vote:
Yeas - Mayor Moldenhauer,
Counci1meu Bitter, J,ustm..nn,
Thoms.
Nays - _.
Absent - Councilman Pregler.
Mr. 118m Rossiter exp1ained to
the Council wbat bis mm intends
to do ... to the r-en<MIItion of the
City Hd.
Mayor MoldeDbauer moved ap-
proval of the proposal and author. !
ized a:n eJ/ipenditure of $41)00. being
the coat CJIf the first ph- of tile
renovation. Seconded by Council.
man Justmaun. Carried by the fol.
lowing vote:
Yea:s - Mayor Mdldenhauer,
Counci1men Bitter, Justmann,
Thoms.
Nays - None.
Absent - CounCilman Pregler.
Commumcaltloo of City Manager
advising that a permit h... been
issued to the J)obuque J'aycees for
sale of apple butter and honey
on Saturday October il.4th, due to !
the lateness of the reque5!, pre.
sented and read. Councilman Bit.
ter moved ratification of the Ma-
na~r's action. Seconded by Mayor
Moldeøhauer. Canied by the "'1-
lowing vote:
Yeas - Mayor M'>ldenihauer,
CounciJ¡xnen B ¡ tt e r, Jnstmann,
Thoma.
Nays - None.
Absent - CounCilman Pregler.
Communication of o;ty Manager
submitting comprehensive liab,lity
policy of William Becl<er & Sons !
StaDe Co., presented and read.
Counc~man Bitter moved flling ap-
pro""¡ subject to approval of the
o;ty Attorney. Seconded by Mayor
Moldenhauer. Carried by the fol-
lowing vote:
Ye... - Mayor Mol<Ienbauer,
Councilmen Bitt e r, Justmann,
Tboms.
;NaY$ - None.
AbseIl! - Councilman Pregler.
()etober 3, lØ12
Honorable Mayor
and City Council
ünSeptember 5, ¡gm. priseilla
E. Dreesens of l296'h Central AV<!-
nue, this city, tiled craim against
the City of Dubuque In the a:mount
of $129.613 and claiming damages
suftered to her motor vehicle on
August 23, JIm! as the result of
striking a large unbarricaded hole
in the street from which steam
was a}legedly escaping and ob-
scured visibility of the area.
This matter was rel!erred to the
office of the City Attorney who
has Inves!igæted said matter,
checlked with the Street Depart-
ment md COJIIIe1Ted with the clai.
mant who has made an offer of
settlement In the amount of $129.613
a:nd In view of the foregoing, it
is the recommendation of the City
Attorney tbaIt said offer of settle.
ment be ac,cepted and the City
Auditor Instructed to dNI'W war.
rant payable to Priscilla E. Drees-
seas In the amount of $129.613 and
foIlWaro sa'me to the o;ty Attorney
"'r delivery upon receipt of duly
ex:ecuted releases. Original Claim
is returned herewith.
R. N. Russo
City Mtorney
Counc~man BItter moved appro-
v'al of the recommendation. Se.
conded by Mayor Moldenhauer.
Carried by the foRowing vote:
Yeas - Mayor Moldenhauer,
C'>uncillmen Bitt e r, Justmann,
Thoms.
N..ys - None.
Absent - Councilman Pregler.
()c1:ober 4, 1972
Honormle Mayor
and City Council
On Augnst 11, 1.972, Julius A.
Welu of 5116 O'Ncill Street, this
city, filed claim against tile City
of Dnhuque In the amount 0'
$1Χ.86 and alleging said damages
occurred to the basement of his
home on Augnst 1, 1972 as tile
rMult of backuip of sewer caused
by City workmen breaklnga' bit
In the sewer line and In attempt-
Ingto~r~e$aidt~,Hooóed
his basement.
This matter was referred to the
appropriate City agency and the
City Mtorney was advised on Sep-
tember 22, ¡gm that said claim
bad been satisfied In full.
In view of the foregoing, it is
the recommendation of the City
Attorney tIlat the claim filed a.
gainst the City of Dubuque be de.
nied.
Special Session, October 16, 1972
Original claim is returned here. Nays - None.
willi. Absent - Councilman Pregler.
R. N. Russo Petition of Fondell & Sons re-
Ctty Attorney questing premission to eJOca\'<8te
Councilman BItter moved appro. in John F. Kennedy road between
val of the rec<>mmendation. Se- Kennedy Circle and Pennsylvania
conded by Mayor Moldenhauer. Ave. for water connection for Du.
Carried by the following vote: buque S<avin~s And !Joan, presented
Yeas - Mayor Moldenhauer, and read. Coun~man Bitter
Councilmen Bit t e r, Justmann, moved appro",,! of the petition sub-
Pregler, Thoms. ject to approval of tile Engineer
Nays - None. ing department. Seconded by Coun.
Absent - Councilman Pregler. cilman Justmann. OaITied by tile
Notice of claim of John P. Theo. fol1owlng vote:
bald in the amount of $29.05 for Yeas - Mayor Moldenhauer,
car damage incurred as the re- Councilmen Bit b e r, Justm~nn,
suit of striking a 'protruding (lb. Thoms.
ject while unloading a load of reo Nays '" None.
fuse on the city landfill on Septem. A'bsent - Councilman Pregler.
ber 21, -1972, presented and read. Petition of Wahlert High School,
Councilman iB<ittermoved that the by Michael Sullivan, requesting a
notice of claim be referred to the permit to conduct a parade for
City Solicitor for proper action. Homecoming on October 19, Urn!,
Seconded by Mayor Moldenhauer. presented and read. C'>uncilman
Carried by the following vote: Bitter moved approval of tile reo
Yeas - Mayor Moldenhauer, quest subject to a jproval of the
Councilmen B i it e r, Justmann, City Manager. Seconded ,by Coun-
Thoms. cilman Justmann. Carried by the
Nays - None. following vote:
Absent - Councilman Pregler. Yeas - Mayor Moldenhauer,
Notice of claim of La..-onne Ry. Councilmen Bit t e r, Justm~nn,
an, in the amoung of $27.92, for Thoms.
car damage incurred as tile result Nays - None.
of dri,'ing Into a protruding pipe Absent - Councilman Pregler,
that was heing used as a barrio Petition of Noon Optimist Club
cade in tile Urban Rene<wal area of Dubuque, requesting pe.-mis.
near Kartgan's parking lot, on Sep- sion to conduct a door to door
tenrber 29, 1972 presented and read. sales c,ampaign to seD tra'sh oogs,
Counciiman Bitter moved that the on Octaber 21st and 22nd, to raise
notice of claim be referred to the fonds to support youth activities
City Solicitor for prope.- action. of tile clwh, presented and read.
Seconded hy Mayor Moldenhauer. Councilman Bitter nwved approva'¡
Carried by the following vote: of the request suhject to ap.
Yeas - Mayor Moldenhauer, proval of the City Manager. Sec.
Councilmen Bit t e r, Justman", onded by Councilman Justmann.
Thoms. Carried by the following vote:
Nays - None. Yeas - Mayor Moldenhauer:
Absent - Councilman Pregler. Councilmen Bit t e r, Justmann,
Petition of Mrs. La'Vern Pape Thoms.
et al (~13 signers) objecting to Nays - None.
the proposed location of a trailer Absent - Councilman Pregler.
court æt Peru & Sheridan Roads, Petition of Are:>! One Vocational
as requesting by Mer! and Mar- Technical School, requesting per-
ga'~ Goer<lt, presented and read. mission to sen glitter plaques for
Coundlman Justmann moved that field trips and educational purpos-
the ,petition be received and filed es during October, November and
and refer to prOceedings for annex. December in tbe lnformaUon cen-
ation of the are", to the Planning lor and Pedestrian¡way of the mall,
& >Ioning Commission. Seconded presented and read. Councilman
by Councilman Bitter. Carried by Bitter moved approval of the pe-
the fullowing vote: I tition swbject to a,pproval of the
Yeas , - Mayor Moldenhauer, City" M,anager.. Seconde, d by Coun-
Councilmen Bit t e r, Justmann, cilmen Justmann. Carried by the
Thoms. following vote:
475
476
Special Session, October 16, 1972
....-- - -'-----------"--
Yeas - Mayor <Moldenhauer, , Finley HQme Addn. be changed
Councilmen Bit t e r. Justmann, ! from its present '])wo Family to
Thcms. Multiple Residence District district
Nays - None. permitted use (,h), presented and
Absent - Councilman Pregler. read. Councilman Bitter moved
Petition of E<llsworth fQr CQn- that the petition ,be referred to
gress, campaign manager Dede the Planning & Zoning Commis-
Breslauer, requesting permission sion. Seconded by Councilman
w use an area adjacent to the Thoms. Carried by the following
town clock Plaza fountain on Oct- vote:
ober 3()th and November 4th, for Yeas - Mayor Moldenhauer,
a meet the ')e<>ple cofifee presented Councilmen Bit t e r, Justmann,
and read. Councilman Bitter mov. Thoms"
ed approval of the petition subject Nays - None.
to apprO'/al of tile City Manager. Absent - Councilman Pregler"
Seconded by Councilmen Just. Petition of Harold B. Welter reo
mann. Carried by the following questing a refund of $18.75 on the
vote: uneJOpired portion of c:lass "c"
Yeas - Mayor Moldenhauer; beer permit No. :14, as he has
Councilmen Bit t e r, Justma11n, discontinued business on Septem-
Thoms. ber 30, 1!172, presented and read"
Nays - None. Councilman Bitter moved a,pproval
Absent - Councilman Pregler. of the refund and the Auditor be
Petition of "Left Guard Drill instrocted to issue proper warrant.
Team" requesting permission to Seconded by CounCtlman 'l1boms.
sell Liberty Chimes, to help pay Carried by the fQDowing wte:
for equipment, transport"tion and Yeas - Mayor Moldenhauer,
uniforms presented and read. Councilmen Bit t e r, Justmann,
Councilman Bitter moved approval Thoms.
of the petition subject to "pprO'/al Nays - None.
of the City Manager. Seconded by Absent - Councilman Pregler,
CQuncilman Justmann. Oarried by Petition of HaroldB. Welter re-
the following wte: questing a refund of $75. on tile
Yeas - Mayor Moldenhauer, uoeJOplred portion of cigaretre Ii-
Councilmen Bit t e r, Justmann. cense No. 225, as be has discon-
Thoms. tinued business on September 30,
Nays - None" urn!, presented und read. Council-
Absent - Councilman Pregler. man Bitter moved approval of the
petition of 'Finley Hoopita'l reo refund and the Auditor be instruct-
questing that Lot 1 of 2 of M. ed to issue proper warrant. Se.
L. 1M; Dot 1 of 1 of Boxleiter's conded by Counci1man 'Dhoms. Oar-
Sub. of Lot 1 of Caroline Box- ried by the following vote:
leiter'ß Sub. of M. L. 1.60; Lot Yeas - Mayor Moldenhauer,
6 in Sidonia Hosford's Sub.; South Councilmen Bit t e r, Justmann,
~' of Lot 5 in Sidonia Hosford's Thoms.
Sub. and Lot 1 of 1 in Finley Nays - None.
Home Addn. be changed from its Æbsent - Councilman Pregler.
present Multiple Residence D i s- Petition of Schiltz Construction
trict to Multiple Residence Dis- Co. requesting permission to ex-
trict permitted use (h) and Lot cavate in J. F. K. Road to install
2 of 1 of 1 of 2 (}f 2 of Boxleiter's sewer and water to service Dot
Sub. of Lot 1 of Caroline Boxleit- ¡ 1 and 2 of Block 14 in Wes.slide
er's Sub. of M.L. 160; Lot ,1 ' Manor Sub., presented and read.
of -1 (}f 1 of 2 of :I of Boxlelter s Councilman Bitter moved approvai
sub. of Lot 1 of 081'<lline IBoxleit- of the petition SIIl>ject to approval
er's . Sub. of 'M. ~. ,160; Lot 7 of the City Engineer. Seconded by
m Sidoma Hosford s Sub.; Dot 2 Councilman Thoms. Carried by the
of 2 of 2 of Lot 2 of M. L. 160; following vote'
Lot 2 of 1 of 2 of :I of Boxleiter's .
Sub of LoU of Caromne B<>xleiter's Yea~ - M~yor Moldenhauer,
SUb: of ,M. L. ~; Lot 31, the Councllmen B, t t e r, Justmann,
West 25'8" of Lot 30, the Ea<St Thoms.
24'4" of Lot SO. Lot 29, Lot 28, Nays - None.
Lot 26, Lot æA, Lot 18 all in' Absent - Councilman Pregler.
Special Session, October 16, 1972
477
Octoher 16, urn
Honorable Mayor
and City Coundl
At a recent Council meeting you
referred to the City Attorney and
to the City Manager communica-
tion from 11hruput Terminal, In'c.
and Newt Marine Service regard-
ing the levee property on the nort!h
side of the Dubuque Ice Harhor.
I have made an investigation
of this matter together with tile
City Manager and I believe that
the ordinance purporting to g;ve
tbe use of said property to Dubuque
Boat and Boi1er Works should 'be
r"pealed and the City claim s'aid
propemy as its own.
In the event of any legal chal.
lenge and to the ordinance sub-
mitted for your adoption which
would resillt in legal decision ad-
verse to the best interests of the
City of Dubuque, then in such e-
vent, I adv;se the City Council
that Eminent D<>main proceedings
be instituted to acquire said pro-
perty.
R. N. Russo
City Attorney
Councilman Ritter moved that
the communication be received and
filed and being in full concurrence
with tbe City &licitor. Seconded
by Councilman Justmann. Carried
by tho following vote:
Yeas - Mayor Moldenhauer,
Councilman Bit t e r, Justmann,
Thoms.
Nays - None.
Absent - Councilman Pregler.
ORDINANCE NO. 56-12
An Ordinance repealing Ordinance
of the City of Dubuque, Iowa a.
dopted March 21, 1901 purporting
to vacate and grant the use 10
Dubuque Boat and Boiler works
(now known as Dubuque Boat &
Boile, Co.) of a portion of the
levee property on the North side
of the Ice Harbor In the City of
Dubuque, Iowa, presented and
read.
Councilman Justmann moved
that the reading just bad be con.
sidered !be 1!trst reading of tile
Ordinance. SecQndedby Council.
man Bitter. Carried by the fol-
lowing vQte:
Yeas - Mayor Moldenhauer,
Councilmen B; t t e r, Ju&tmann,
Thoms.
Nays - None.
Absent - Councilman Pregler.
I Councilman Justmann moved
that tile rule requiring an Ordin-
ance to he read on three separate
days be waived. Seconded by Coun.
cilmM Bitter. Carried by the fol-
lowing vote:
Yea's - M,ayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Th(}ms.
Nays - None.
Absent - Councilman Pregler,
Councilman Justmann moved
that a public hearing be held on
the Ordinance on No"emher 6, 1972
at 7:30 o'c!ockP.,M. in the Coun-
cil Chamber at the C;ty Hall and
that the City Clerk be instructed
to publish notice of the hearing
in the manner required by 18<W.
Seconded by Councilman Bitt e r,
Carried ,by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitt e r, Justmann,
Thoms.
Nays - None.
AJbsent - Councilman Pregler.
RESOLUTION -NO. 318.12
WHEiRE¡As the Ctty Manager ha,s
submitted a BtIDGm ES'!1liMA'!1E
a's provided in Chapter 24 of tile
197,1 Code of Iowa and the City
Council has been duly considered
and caused to be prepared the
budget estimate for expenditures
for the fiscal year beginning Jan.
uary 1, 1973 and ending December
31, 1973, as a basis fQr the tax
levy for the year lIm, and said
budget having been dul~ approved
by it.
NOW THiEJR:EJFœ!iE BE IT RE.
SOLVED by the City Council of
the City of Dubuque, Iowa:
That said Budget Estimate be
and the same is hereby ordered
filed in the otifice of the City Clerk
of the City of Dubuque, Iowa, and
the date of the public hearing is
hereby fixed as the 6th day of
NQvember, 197~, ..t 7:30 o'clock
P.M. Central Standard Time in the
Council Chamber at the City Hall.
BE IT FlJiR'l1HER RESOLVED
that said Clerk be and he is hereby
directed to cause said budget esti.
mate of ex:penditores to be pub-
lished in the official newspaper
of the City of Dubuque and the
officia'l notice to ,be given of tile
time and place, when 8'Ild where
, said Budget ,Estimate ,will be con-
i, Sid, e red by sa,l,'d Council for final
adoption at which time and place
taxpayers will be heard for or
Special Session, October 16, 1972
479
Special Session, October 16, 1972
Mayor Moldenhauer moved adop.
tion of the resolution. Seconded
by Councllman Bitter. Carried by
the following vote:
Yeas - Mayor Moldenhauer,
councllmen Bitter, Justmann,
Thoms.
Nays - None.
Absent - Councilman Pregler.
proof of Public'ation, certified to
by the publisher, of notice of sale
of project notes in the amount
of $1,725,000., Fifth Series, May
4, 1973 maturity, to aid in finan.
clng Uroban Renewal Project, pre-
sented and read.
No written objections were filed
and no oral ()bjectors were pre-
sent in the Councll Chamber at
the time set for the ,public he,ar-
ing. Councilman Bitter moved that
the proof of publication be received
and flied. Seconded hy Councllman
Thoms. Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t er, Justmann,
Thoms.
Nays - None.
AJbsent - Councllman Pregler.
RE,SOLUTION NO. 320.12
Authorizing the .ale, issuance and
delivery of Project Notes in the
aggregate principal amount of
$1,125,000 and the execution of Re.
quisition Agreement No. 5.12 In
connection with the Downtown Ur.
ban Renewal Project, Project No.
Iowa R-15
WílJ¡E[tEAS, the City of Dubuque
(herein caned the "Local Issuing
Agency") has entered into one or
more contracts (,which, together
with any supplements thereto ()r
amendments or waivers of any
provisions thereof, are herein call.
ed the "Contract") with the United
States of America (herein ca:lled
the "Government") providing for
a loan by the Government to the
Local Issuing Agency for financing
the ""ba:n renewal, l"w,rent hous-
Ing or redevelopment 1'roject (s)
described in the Contract and here-
in c:>!ned the "Project" ; and
WHEiR:ElAS, pursuant to adver.
tisement for the receipt of pro-
posals for the purøhase of tile Fifth
Series 1JJ72 of Project Notes (here-
in sometimes called "New Project
N"tes") of the Local Issuing Agen-
cy aggregating $1,725,000, which
appeared in a Notice of Sale pub.
lished on September 26, l!I7ll, and
478
October 3, 1972, in the Telegraph
Herald in the City of Dubuque,
Iowa, and in The Daily Bond Buy-
er in the City of New York, New
York, proposals for the purchase
of the New Project Notes in the
form approved by the Looo'l 10-
suing Agency were received, open-
ed, and canvassed at the time
and place mentioned in said ad.
vertisement, to wit: at Council
Chambers, City Ran, 1Mb and Iowa
in the City of Dubuque, Iowa: 52001
at one o'clock P.M. E.D.S.T. on
October 11, l!I72, which proposals
are as follows:
Name of Bidder, Mellon National
Bank and Trust Company, Interest
Rate, 2.95% Principal Amount,
$1,125,000, Premium, $22.00.
Name of Bidder, The First Na.
tional Bank of Boston, Lehman
Brothers, Inc., ,Interest Rate 2.97%
Princlpal Amount, $1,725,000, Pre-
mium, $45.00.
Name of Bidder, Central Na-
tional Hank & TruSit Company, In.
terest Rate, 2.97% Principal
Amount, $1,725,000, Premium, $2.00
Name of Bidder, M,arine MId.
land Municlpals Co., Interest
Rate 2.98% Principal Amount
$1,7'25,000, Premium, $52.00.
Name of Bidder, Bank of Ameri-
ca N.T. & S.A. Bankers Trust Com-
pany, Interest Rate, 2.98% Prin-
cipal Amount, $1,725,000, Premium,
$72.00.
Name of Bidder, Salomon Bro-
thers, Morgan Guaranty Trust Co.
of New York, Interest Rate, 3.00,
Principal Amount, $1,n5,000, Pre-
um, $7[.00.
NOW TIm~EFO~E, BE IT RIE.
SOONEiD BY THiE 0lTY OOUNClIL
OF THE CITY OF DUBUQUE:
Section I. The a:foresaid publti-
caUon of the Notice of Sale and
the form and contents thereof as
so published are hereby in all re-
spects, 8!pproved, ratified and con
firmed.
Section 2. In order to provide
funds to pay eJ<penses incurred
or to he incurred in the develop.
ment of the Project, or to refund,
renew or extend its outstanding
Notes issued in connection there.
with, the Uoca,l Issuing Agency
hereby determines to horrow the
sum of One Million Seven Hundred
'Dwenty Five Thousftnd Doll a r s
($1,,705,000) and issue its negotiable
Project Notes therefor.
Section 3. The Local Issuing
Agency hereby ratifies and ap-
proves the form of each proposal
hereinafter in this Section 3 enu.
merated for the purøha'se of tile
designated princ¡Pal amount of
notes :>!nd determines that eaøh
such proposal <>£fers to 1'urchase
such Note's at the lowest interest
rate and is therefore acCtlpted, and
said Notes are hereby awarded
to the purchaser, as follows:
Principal Amount, $1,725,000, In-
terest Rate, 2.95% Purchaser. Mel.
Ion NatIonal Bank and Trust Com.
pany.
Section 4. EJacl1 Note shaU be
dated Nowmber 8, 1972, shall be
pay,a,ble ... to both principal and
interest to beaTer, on May 4, l!I7B,
and, pursuant to each proposal for
tile purchase of said Notes berein-
:>!hove accepted, shaH bear the rate
of interest per annum, payable at
maturity; shall bear the numbers
and be in the denominations; and
shall be payable as to both princi.
pal and interest at the incorporated
bani< having trust powers or in.
oorporated trust company, as fol-
lows:
Purchaser, Mellon National BanI<:
and TruSit Company.
Numbers, 1-3, Denominations,
$100,000, Interest Rate, 2.95%
Numbers, 4-,7, Denominations,
$50,000, Interest Rate, 2.95%
Numbers, 8-46, Denominations,
$25,000, Interest Rate, 2.95%
NUmbers, 47-63, Denominations,
$10,000, Interest Rate, 2.95%
Numbel1S, 64-79, Denominations,
$5,000 Paya'ble At, The Chase
Manhattan Bani<, iN.A. in New
York.
NOne of such NOtes shaH be v>a.
lid until æfter tbe bank or trust
company at which it is payable
shall have signed the agreement,
appearing on ea:ch N"te, to act
as paying agent thereof. Each such
Note shan be executed in !be name
of tile Local Issuing Agency hy
the manual or facsimile signature
of the Mayor and City Treasurer
of the Local Issuing Agency and
sha:ll have the co"POrate seal of
the Loc:>!l Issuing Agency impress.
ed, imprinted or reproduced tIlere.
on and attested by the City Clerk,
and said oMicers are herehy au-
thorized and directed to cause said
Notes to be properly executed.
Section 5. Each such Note sball
against said estimate, sam ,pu:b-
llcation to be not less than ten
(-10) days before said date of hear-
ing.
Passed, adopted and a'pproved
this 16th day of Oøtober, 1002.
Wayne A. Moldenhauer
Mayor
C. Robert JuSitmann
Allan T. Thoms
Jœeph J. Bitter
Councilmen
AtteSlt:
ùeO F. Frommelt
City Clerk
Councnman Bitter moved adop-
tion of tile resolution. SeCOnded
by Councilman Thoms. Carreld by
the following vote:
Yea:s - Mayor Moldenhauer,
Councilmen Bitt e r, JuSitmann,
Thoms.
Nays-None.
Absent - councilman pregler.
RESOLUTiON FOR
DISASTER DECLARATION OF
SEPTEMBER 26, 1912
NO. 319.12
BE IT RESOLVED hy City coun-
cil of Dwbuque, Iowa, that A. G.
Heitzman, City Auditor, is hereby
authorized to execute for and in
behaK of Dubuque, Iowa, a pub-
lic entity established under the
\a"'s of the State of Iowa, this
a,pp¡icationand to file it in the
approprlæte State Qifice for the
purpose of obtaining certain Fed.
eral financial assistance under the
Dlsaæter Relief Act (;PuhJ5:c !JaM'
600, 91st Congress).
p.a'ssed and approved tIlis 16th
day of ()etoI>er, l!I72.
Wayne A. Moldenhauer
Mayor
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
eouncllmen
Attest:
ùeO F. Frommelt
City Olerk
CERTIFICATION
I, ùeO F. Frommelt, duly ap-
pointed and City Clerk of Dubuque,
Iowa, do herebY certify tIlat the
above is a true a,nd correct copy
of a resolution passed and a1"
proved by the City Council of Du.
buque, Iowa on the 16th day of
October, 1002.
Date: October 17, l!I72
Leo F. FrommeJit
City Clerk
480 Special Session, October 16, 1972
be in substantia1ly tile form of deposited with the paying agent
HUlD-OOlO, which is incorporated or agents for such Notes.
herein by reference, and sha1! he Section 8. The proceeds derived
~,ecured .~y an agreement entitl~ from the sale of the New Project
-ReqUlSltIon Agreement No. 5.72 Notes together with such amount
(herein called the "Requisition of other funds of the Local I .
Agreement"), in substa?tiaY! t~e suing Agency as may be necessar;,
form of HU[).9OO3, which is m- shall be applled, simultaneously
cor,porated J.1erem by reference, to with the receipt of said proceeds,
be ~ntered mto between the Local in accordance with the provisions
Issumg Agency and the GQvern- ~f the Requisition Agreement.
ment. Section 9. The City Treasurer
Section 6. The Requisition Agree- is hereby authorized and directed
ment shall he executed in the name to send promptly a letter to each
of the ùocal Issuing Agency by paying agent for the New Project
the manual or facsimile signature Notes In substantially the form
of the Mayor of the Local Ls. of HíU\D-S004, which is incorporated
suing Agency and shaY have the herein by reference, and to trans-
corporate seal of the Local Is- mit therewith (a) the New Project
suing Agency impressed, imprinted Notes for which the addressee is
or reproduced thereon and attested the paying agent for delivery and
by the City Clerk, and said of. payment and (1» a signature certi-
ficers are hereby authorized and ficate and receipt, in accordance
directed to cause the R>equisition with the terms of said letter, and
Agreement to be properly execut. to take such other actions as may
ed. be required to complete the de.
Section 7. For the punctual pay- ¡;~ery transadion in accordance
ment of the princip:>!l of and in- WIth the terms of the letter to
teres! on the New Project Notes, the paymg agent.
the Local Issuing Agency hereby Passed, approved, and adopted
expressly and irrevocably promises thiS 16th day of October, 1972.
to pay any sums which may be Wayne A. Moldenhauer
received from the Government pur- Mayor
suant to the Requisition Agreement Allan T. Thoms
relating to such series of Project C. Robert Justmann
Notes and said Agreement, when Joseph J. Bitter
executed by the Government, is Councilmen
hereby declared to he and is here. Attest:
by assigned by the Local Issuing Loo. F. Frommelt
Agency for the benefit of the holder CIty. Clerk.
of holders from time to time of Counc1lmæn Bitter moved adop-
the New Project Not.... All contri- tion of ~he resolution. Se<;onded
butions, funds and amounts au. by Counc1l.man Thoms. Carried by
thorized or required by tile Con- the followmg vote:
tract to he applied to the payment Yea~ - Mayor Moldenhauer,
of Project Loan Notes (referred Councilmen Bitt e r, Justmann,
to in the Contract :>!s "Project Thoms.
Temporary Loan Oblig<ltions", Nays - None. .
"Ad<vance Notes" or "Permænent Absent - COOncllman Pregler.
Notes") as Issued in connection October 3, 1972
with the Project are hereby irre. To the HonoraJble Mayor
vocably pledged to secure tile pay- and City Council
m<!Øt lit the prineip8i of and inter. I hereby submit the attached
est to maturity on the N"'" Pro. Sheet No.1 incinøive sbowing a
ject Notes. SUch pledge and the schedule of the proposed valua-
lien created thereby shall cease tiOIiS assessments for the construc-
and terminate when monies or in. tion of the Asbury Park Subdivision
vestment securities .,.,.,...rtib\e into Sanitary Sewer 197~.
cash not later thsn the maturity J""" L. WhIte, P. E.
date of the New Project Notes, City Engineer
sufficient and for the purpose of Councilman Bitter moved tbat
paying the prin<Îpa1 and interest the communication be received and
to matnrity on sueb Notes, are filed. Seconded by M'ayor Molden.
Special Session, October 16, 1972
481
hauer. Carried by the following
vote:
Yeas - M!OY')r Moldenhauer,
Councilmen Bitt e' r, Justmann,
Thoms.
Nays - None.
Albsent - Councilman Pregler.
RESOLUTION NO. 321-12
BE IT RESOLVED by the City
Councl! of the City of Dubuque,
Iowa:
Section 1. That the attacbed sheet
Number One is hereby determined
to he the schedule of proposed
assessments for construction of the
Asbury Park Subdivision Sanitary
SeM'er 1972, and the vawations set
out therein are hereby :>!pproved.
Passed, adopted and approved
this 16th d'ay of Octe>ber 1972.
Wayne A. Moldenhauer
Mayor
Mlan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Counctldnen
Attest:
Loo F. Frommelt
City Clerk
Councilmæn Bitter moved adop-
tion of the resolution. Seconded
by M,ayor Moldenhauer. Carried
by the following rote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Thoms.
Nay,s - None.
Aobsent - Councilman Pregler.
RESOLU1110N NO. 322.12
Approv;al of preliminary esti.
mate, proposed plans, specifica.
tions, form of contra~t, plæt and
aU other documents, for the con-
struction of an eight inch (8")
sanitary sewer from the existing
manhole in St. Celia ,Court, norther.
ly to the southerly property line
of Asbury Park, tIlence easterly
to Lot 2-:!-2 of Asbury Park, to
be known as ASBURY Pk'\iRK SUiB-
DJ!V\IiS[()N SiANiLTAcThY SEW E R-
1972, at an estimated project cost
of $lß,5I , .49, pre5ented and read.
Oouneilman Bi«er moved ado¡>-
tion of the resolution. Seconded
by M,ayor Moldenhauer. Carried
hy the following vote:
Yeas - Mayor M<>ldenhauer,
Councilmen Bitter, Justmann,
Thoms.
Nays - None.
Absent - Councilman Pregler.
C,Nec_ity for Improvement)
RESOLUTION NO. 323.72
WiIIiEJRE~, proposed plans, ope.
cifiC!Otions, form of contra'ct, plat
and schedule have been duly pre.
pared and approved by the City
Council of the City of Dubuque
and are now on file in the oIifice
of the City Clerk showing among
other things the following:
1. The boundaries of the district,
if any.
2. The streets to be improved.
3. Tbe width of such improve-
ment, and the size and kind of
sewers.
4. Each lot proposed to he as.
sessed together with a valuation
fixed by the council.
5. An estimate of the cost of
the proposed improvement, stating
the same for each dmferent ty,pe
of construction and l<ind of ma.
terial to he used.
6. In ea:ch case the amount there.
of which is estimated to he as-
sessed against each lot, for the
construction of Asbury Park Sub-
division sanitary sewer.l972 from
the existing manhole in St. Celia
Court northerly to the southerly
property line of Asbury Park,
thence easterly to Lot 2-:!-:! Asbury
Park.
BE IT mEiRiE!FORIE RJ;;SODV-
EID that the City Council on its
own motion or upon petition of
property owners, deems it advis.
able and necessary for the public
welfare to ma'ke the herein men.
tioned improvement, and unless
property owners at the time of
the final considemtion of this pro.
posed resolution ha<ve on file witll
the City Clerk objections to the
amount of the proposed assess.
ments, they shaD he deemed to
have waived all objections tbereto.
Said improvements shall be con.
structed aud done in accordmce
with the plans and specifications
which have been prepared tIlere-
fore by the City Engineer which
have been a'pproved by the City
Council and are now e>n file with
the CIty Clerk. That the cost and
expense of malcing said Improve-
ment will be assessed upon and
against all pdvately owned pro-
perty lying within assessable dis-
tance provided by l8IW and in m
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
,!lli!III~~~ill~illll
482
Special Session, October 16, 1972
thereon or is adjacent thereto ac. I
cording to area and in proportion
to the special beneiits conferred
thereby, and any deficiency shan
be paid out of the sanitation sew-
age rentai funds. Sewer bonds shall
be issued and sold in anticipation
of deferred payments of assess.
ments when a contract has been
performed and accepted and the
proceeds thereof used to pay the
contractor. The railway portion of
any street or assessment district
shan be assessed to and paid by
the rai1way company.
The a,bove resolution was intro-
duced, approved- and 0 t de red
placed on file ,with the City Clerk
this 16th day of Oétober, 197I!.
Approved and placed on file for
final action.
Wayne A. Moldenbauer
Mayor
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Loo F. Frommelt
City Clerk
Councilman Bitter moved 8iPpro-
v:>!r of the resolution. Seconded by
Mayor Moldenhauer. Carried by
the following rote:
Yeas - Mayor Moldenhauer,
Coundlmen Bitter, Justmann,
Thoms.
Nays - None.
Absent - Councilman Pregler.
(Fixing Date of Hearing)
RESOLUTION NO. 324.12
WHEiRlEAS, the City Councii of
the City of Dubuque, Iowa, has
by Resolution No 3122.712 given its
prelimInary a¡pprovlrl on the pro.
posed plans, specifications and
form of contract and placed same
on file in the ofifice of the City
Clerk for public inspection, for the
construction of ASbury Pari< Sub.
division Sanitary Sewer.. 197I! and,
W'HIEIREAS, the proposed Resol.
ution of Necessity for said Improve-
ment bas been introduced and is
now on ftle in tile City Cl"rk's
oeIice for ,public inspection,
BE Irr THEltEFOThE RIESOIN.
ED that on the 13th day of Novem-
her HI'/:!, a public hearing will
be held ai! 7:30 o'clock P.M. C.S.T.
in the Council Chamber in the
City of Dubuque at which time
the owners of property subject to
assessment for the proposed im.
provement may appea'r and m:>!ke
objection to the proposed plans
and specifications and proposed
form of contract and at the same
time to tile boundaries of the pro-
posed Resolution of Necessity and
the City Clerk be and he is hereby
directed to cau,", a notice of the
time and place of such hearing
to be published in some newspaper
published in the city of Dubuque
the last of which sho:lI be not
less than two (2) nor more than
(4) weeks prior to the day fixed
for its consideration and unless
property owners at the time of
fina:l consideTation of said resol.
ution have on file with the Clerk
objections to the amount of the
proposed æssessment, they shall
have been deemed to have waived
all objections thereto, at which
hearing the Council will hear such
objections and enter on record its
final decision thereon.
P.assed, adopted and approved
this 16th day of October, 197I!.
Wayoe A. Moldenhauer
Mayor
AHan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resdlution. Seconded
by Mayor Moldenbauer. Carried
by the foUowing vote:
Yeas - Mayor Moldenhooer,
Councilmen Bit t e r, Justmann,
Thoms.
Nays - None.
Ahsent - Councilman Pregler.
Octolber 6, 1972
The Honorable Mayor
and City Council
This is to advise you that Sani-
tary Sewer constructed in Liebe
Street between J,ackson Street and
Washington Street for a distance
of 3æ feet, bas been comPleted
substanti:>!lly in accordance with
plans and specifications by M. F.
Goerdt Construction Company of
3055 BrunlSkiH Road, Dubuque, 1.
owa.
Gilbert D. Cba....nelle
City Manager
Councilmæn Bitter moved that
the communication be received and
filed. Seconded by Councilman
Thoms. Carried by the following
vote:
Special Session, October 16, 1972
---,-----------
Yeas-M,ayor Moldenhauer, Coun-
cilmen Bitter, Justmann, Thoms.
Na'ys,None. Absent~uncilman
Pregler.
FINAL ESTIMATE
RESOLUTION NO. 325.72
WiHE,REAS, the contract for the
construction of Liebe Street Sani-
tary Se,wer 8 inch -- 1972 has been
completed and the City Engineer
has submitted his final estimate
showing the cost thereof including
the cost of estimates, notices, in-
spection, and preparing the assess.
ment and plat, no,w therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to he
$2,961.76.
That $2,961.78 of the cost thereof
shaH he assessable upon priv,ate
property and none shall he paid
from the Sanitation Fund of the
City of Dubuque.
Passed, adopted and approved
this 16th da,y of Octoher 1972.
Wayne A. Moldenhauer.
Ma'yor
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas-Mayor Moldenhauer, Coun-
cilmen Bitter, Justmann, Thoms.
Nays.None. Absent~Councilman
Pregler.
(A Resolution Accepting Improve.
ment and Directing the Clerk to
Publish Notice.)
RESOLUTION NO. 3U.12
WŒIEREAS, the contract for the
construction of Liebe Street Sani-
tary Sewer 8 inch-1972 has been
completed and the City Manager
has examined the work and filed
his certificate stating that the same
has 'been completed according to
the terms of the contra'ct, plans
and specifications and recommends
its acceptance, now therefore,
BE IT RESOLVE-D, by the City
Council of the City of Dubuque,
---- - --
483
, that the recommend.ation of the
City Manager be approved and
that said improvement be and the
sa:me is hereby accepted and the
City Engineer be and is hereby
directed to prepare a plat and
schedule showing the lots or par.
cels of real estate subject to assess-
ment for said improvement and
file the same in the office of the
City Clerk subject to public inspec-
tion and said Clerk shall upon
recei,pt of such p'lat and schedule
publish the notice of the Council's
intention to levy special assess.
ments therefor, as required by la'w.
BE IT FURmHER REJSOINEÐ,
that the City Trea'surer, he and
he is hereby directed to pay to
the contractor from the funds to
he realized from the sa'le of sewer
bonds issued upon the above de-
scribed improvement in amount
equal to the amount of his con-
tract, less any retained percentage
provided for therein.
Passed, adopted and approved
this 16th day of October, 1972.
Wayne A. Moldenhauer
Mayor
Allan T. Thoms
C. Rohert Justmann
Joseph J. Bitter
Councilmen
Attest:
Loo F. Frommelt
City Cierk
Councilman Bitter moved adop-
tion of the resolution. Seconded
hy Councilman Thoms. Carried by
the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Thoms.
Nays - None,
Absect - Counciiman Pregler,
RESOLUTION NO. 321.12
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ci-
garettes within the City of Du-
buque, Iowa, be granted a permit
to sell Cigarettes and Cigarette
papers within said City.
Lyle Whalen, 3() Locust Street
Violet Savary, 1689 Elm Street
BE IT FU'R11HER RESOLVED
that the honds filed with the appli-
cation he approved.
481
Session, October 16, 1972
Passed, adopted and ",pproved
this 16th day of Octaber, Hm.
Wayne A. Moldenhauer
Mayor
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Aittest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by M,ayor Moldenhauer. Carried
by the fallowing vote:
Yeas - M'ayor Moldenhauer,
Councilmen Bit te r, Justmann,
Thoms.
Nays - None.
Absent - Councilman Pregler.
RESOLUTION NO. m-n
WiHE~E)AS, a.pplications for Beer
permits ha,ve been submitted to
this Cooncil for ~pproval and the
same have been examined; NOW
THE!ltEFORJE,
BE IT REiSOilNED by the CIty
Council of the City of Dubuque,
Iowa, that the !allowing applica.
tions be granted and permits is-
sued upon the compliance with tbe
terms of the ordinances of the
CIty.
C,LASS "B" BEE-R PE,RMIT
Viol"t Sav,aTY, 1689 Elm Street
C,LASS "c" BEER PERMIT
Florence E. Cbalder, 113 Main
Street
P,assed, adopted and approved
tbis 16th day of October, 197~.
Wayne A. Moldenhauer
Mayor
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
LeI) F. Frommelt
City Clerk
Councilman Bitter moved ad<>p-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Thoms.
N",y,s - None.
Albsent - Councilman Pregler.
RESOL TION NO. 329.12
~EAS, applieations for Beer
permits were filed by the within
named a!>plicants and they ha,ve
recei""d the approv",l of this Coun.
cil; and
WlHlEiREAS, tile premises to be
occupied ,by such applicants were
inspeoted and foond to comply witb
the ordinances of tIlis City and
they have filed proper bonds;
NOW 11HEIRÆ)FORE BE IT RE.
SODV;EID by !be CIty Council of
the City of Dubuque, Iowa, that
tbe Manager be authorized to cause
to be issued to the following named
applican~s a Beer permit.
CLASS "B" BEE!R PERMIT
Violet Sa-vary, 1689 Elm Street
C,LASoS "C" BEE'R PERMIT
Florence E. Chalder, 113 Main
Street
BE IT FR'JIHEJR R,ESOINEID
that tile bonds filed by such appli-
cants be and the sa,me "'Te her.,by
approved.
P:>!ssed, adopted and a'pproved
this l&úh day of October, 197~.
Wayne A. Moldenhauer
,Mayor
Man T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Fromme'lt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by tbe foilowing vote:
Ye'as - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Thoms.
Na)'s - None.
Absent - Cowrcilman Pregler.
Counci1man Justmann moved
ccmmunlcation throu¡ h the G<>ver.
nor in requesting the State Liquor
Commission to aIIow two liquor
outlets in the City, by retaining
tbe present llquor store to serve
the downtown and north end are:>!s,
besides the new fa'cility now being
constructed on tile west side of
the city. Seconded by Councilman
Bitter. Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Thoms.
Nays - None.
Absent - Councilman Pregler.
There being no further business
Councilmoo 'I1homs moved to ad.
journ. Seconded by Councilman
Bitter. Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Special Session, October 16, 1972
coun,cilmen Bit t e r, Justma,nn, I
Thoms.
Nays - None.
Ahsent - Councilman Pregler.
Leo F. Fromme],¡
City Clerk
Approved
197-
Adop~ed
197-
Councllmen
Attest:
City Clerk
485
,,--"---
486
Special Session, October 24, 1972
CITY COUNCIL
OFFICIAL
Councilmen Justmann, Pregler
Thoms. '
Nays - None.
AJbsent - Councilman Bitter.
Communic,ation of Carl F. Wan
of Guttenberg, Iowa, suggesting
that speed trap signs be placed
at the stop light on J. F. K. &
Mbury, also larger than normal
speed limit signs on the down-
grade of J. F. K. from the 2500
to 2800 blocks, pr""ented and read.
Councilman Pregler moved that
the communication be received and
filed. Seconded by Councilman
Justmann. Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Absent - Councilman Bitter.
Proof of publication, certified to
by the publisher, of Statement of
receipts, disbursements and list of
C'laims for September 1972, pre-
sented and read. Councllman Preg-
ler moved that the proof of pub-
lication be received and filed. Se-
conded by Councilman Justmann,
Carried by the foRowing vote:
Yeas - Mayor Moldenhauer.
Councllmen Justmann, Pregler,
Thoms.
Nays - None.
AJbsent - Counc¡[man Bitter.
October 18, 1972
To the Honoraible Mayor
and City Councll
1Jhe ,accompanying letter from
Veterans of World War I of the
U.S.A. was received, requesting
permission to hold a "Ta,g Day".
Saturday, November 4th.
The date requested preceded the
regular scheduled meeting and be.
cause of ,this, permit 11m was
issued October 18, 1972.
Gllbert D. Cha,veneUe
City Manager
Councilman Pregler moved rati-
fìca,tion of the Manager's adion.
Seconded by Councilman Jus t-
mann. Carried by the following
vote:
Yeæs - Ma1<)r .Moldenhauer,
Councllmen Justmann, Pregler,
Thoms.
Nays - NoOne.
A,bsent - Councilman Bitter.
October 24, 1002
To the Honorable Mayor
and City Councll
I have a,ppointed Robert L. Mond
Special session, October 24, 1972.
Council met at 4:30 P.M. (C.D.
T.)
Present - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms. City Manager Gilbert D.
Chavenelle.
Absent - Councilman Bitter.
M,ayor Moldenhauer read the cili
and stated that service thereof had
been duly made and this meeting
is caRed for the purpose of ap-
pointing members to various
boards and commissions and ading
upon such other business a's may
properly come before a regula,r
meeting of the Council. ,
Communication of Mrs. R. C. \'
Buelow sul>mitting her resignation
as a member of the Board of
Zoning Adjustment, pr""ented and
read. Councilman Justmann moved I
that the resignation be a,ccepted
with regret and a letter of a,p.
preciation be sent to Mrs. Buelow.
Seconded by Councilman Pregler,
Carried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
A,bsent - Councilman Bitter.
Communication of Library Di-
rector Fullmer, that if exceptions
can be made, consideration for
reappointment he given to mem-
bers of tile Library Board, pre.
sented ,and read. Councilman Preg-
ler moved that the communication
be received and filed. Seconded
by Councllman Justmann. Carried
hy the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Justmænn, Pregler, I
Thoms.
Nays - None.
Absent - Counc¡[man Bitter.
Communication of Low Rent
Housing Commission submitting
minutes of their meeting of October
17, 1972, presented and read. Conn-
cllmau Pregler moved that the
eommunioation be received and fil.
ed. Seconded by Councllman Just-
mann. Carried by the foUmvlllg
vote:
Yeas - Mayor Moldenhauer,
Special Session,
and Merle A. Viertel to the Board
of Heating, Ventilating, Air.Condi-
tioning and Refrig,er'ation.
These appointments are for a
term of three years from March
3, 1973.
I request that you affirm these
appointments.
,Gilbert D. Chavenelle
City Manager
Councilman Pregler moved ap-
pl'ova'l of the appointments. Se-
conded by Councilman Thoms. Car-
ried by the foilowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Aibsent - Councilman Bitter.
Mayor Moldenbauer moved the
following appointments: Robert L.
Mond and Merle A. Viertel to the
Board of Heating Ventilating &
Refrigeration for tIlree yea'r terms
to ,3~16-75; James W. Grant, Rev. I
Robert P. Odden and Virginia M.
Perry reappointed to the Low Rent
Housing Commission to s..17-75,
three year terms; Dona,ld R. Me.
yers to 8-17-75 to repla'ce William
J. Witt; Dr. James Clark to the
Airport Commission for a six yea'r
te,rm to 9-14-78 to repla'ce Robert
Woodward. Councilman Pregler
moved ratification of the appoint.
ments. Seconded by Councllman
Thoms. Ca,rried by the following
vote: I
Yeas - M,ayor Moldenhauer, I
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Aibsent - Counc¡[man Bitter.
October 19, 1972
lfun. Mayor
and City Council
On August 2, 1972, Dennis D.
Palm of 1940 Winnie Court, this
city, filed claim "galnot the City
of Dubuque in the amount 0 f
$1, 6().04 and claIming said d a-
mages occurred on August 2, 1972
:>is the result of a sewer ba'ckup
causing flooding to his basement.
This claim was referred to the
appropriate City Agency who in-
vestigated same and reported to
this oIifice of no actiondJ!e neg.
li-gence on the part of the City, I
and in view of tbe foregoing, it
is the recommendation of the City
Attorney that said claim be denied.
October 24, 1972
487
Original claim is returned here.
with.
R. N. Russo
City Attorney
Councilman Justmann moved ap-
proval of the recommendation. Se-
conded 'by COuncilman Pregler.
Carried by the fallowing vote:
Yeas - Mayor Moldenhauer,
Councilmen JMtmann, Pregler,
Thoms.
Na,ys - None.
Absent - Councilman Bitter.
October 19, 1.972
Hon. Mayor
and City Council
On August 4, 1m, Ray Grimm
of 1789 Adair Street, this city, filed
claim a,galnst tile City of Dubuque
in an unspeciiied c,laim a'nd claim.
ing said dama'ges occurred on Au.
gust 1, 1972 as the result of a
sewer ha"kup caU£ing flooding of
his basement.
This claim was referred to the
appropriate City Agency who In.
vestigated same and reported to
this ofifice of no actionable neg.
ligence on tile part of the City,
and In view of the foregoing, it
is the recommendation of the City
Attorney that said claim be denied.
Original claim is returned here.
with.
R. N. Russo
City Attorney
Councilman Justmann moved ap-
proval of the recommendation. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Absent - Councilman Bitter.
October <19, 1972
Hon. Mayor
and City Counc¡[
On AU¡ Ust 4, 1971!, Louis J. White
of 1790 Adair Street, tbis city, filed
claim against the City of Dubuque,
in an unspecified amount claiming
damages to his basement and its
contento as the resu1t of " sewer
bac-kup on Augnst 1, 1972.
This claim wa's referred to the
appropriate City Agency who made
an Investigation thereof and reo
POrted to this office of no aetlon-
able negligence on the part of the
City, and aocordingly, it is the
recommndation of the City Attor.
ney that said claim be denied.
1~1II~111 .i
Special Session, October 24, 1972
.original claim is returned here. I dation, of the City Attorney that
with. said claim should be denied.
.original cla1m Is returned here-
with.
488
R. N. Russo
City Attorney
Councilman Justmann moved ap.
pro\'al of tile recommendation. Se-
conded by Councilman Pregler.
Carried by the f<>Jrowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Albsent - Councilman Bitter.
Oetober 19, 1972
Ron. Mayor
and City Council
.on August 4, 1972, John T. Ku-
besheski of 229 N. Booth Street,
this city, filed cJaim a,gamst the
City of Dubuque, cl<>lming d a-
mages occurring on August 1, 1972
in an estimated amount of $350.00
and alleging same occurred as the
result of a sewer backup, and flood-
Ing his basement.
This matter wa's referred to the
a,ppropriate CIty Agency who in.
vestigated same and reported to
this office of no actionable neg-
ligence on tile ,part of the City,
and in view of the foregoing, it
is the reoommendation of the City
Attorney that said cla'lm he denied.
.original claim Is returned here-
with.
R. N. Russo
City Attorney
Councilman Justmann moved ap-
proval of the recommendatiGn. Se.
conded hy Councilman Pregler.
Carried by the following vote:
Yeas - Mayo.- Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Absent - Councilman Bitter.
.october 19, 1972
Ron. Mayor
and City CGuncil
.on August 16, 1972, Thomas J.
Bardon of 2M5 White Street, this
city, filed claim ægainst the City
of Dubuque, claiming d"ma'ges in
the a'mount of $l16.4!iand aUeging
said damages occurred on Augnst
2, 1972 as the result of a sewer
backup.
This matter w:>!s referred to the
æppropriate City Agency who in.
vestigated sa,me and reported by
letter to this office of no action.
able negligence Gn the part of the
City. It is therefore the recommen.
R. N. Russo
City Attorney
Councilman Justmann moved a'p-
proval of the recommendation. Se-
conded by Councilman Pregler.
Carried by the following vote:
Ye'"" - M,ayor Moldenhauer,
Councilmen Justmann, Pregler,
TIIoms.
Nays - None.
Albsent - Councilma,n Bitter.
October 19, HI7\!
Ron. Mayor
and City Council
.on August 4, -1972, Cla,ra A. Me.
yer of 1800 Adair Street, this city,
filed claim agaiinst the City of
Dubuque in an unspecified amount
claiming damages to her ba,semenl
on August 2, 1972 as the result
of a sewer b:>!clrup causing flooding
of said basement.
This matter was referred to the
appropriate City Agency who ha-s
made an investigation thereof and
has reported to this office of no
adlona,ble negligence on the pa,rt
of the City, and accordingly, It
is the recommendation of the City
Attorney that said claim be denied.
.original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Justmann moved ap.
proval of the recommend,,-tion. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Na,ys - None.
Albsent - Councilman Bitter.
.october 19, Hm
Ron. Mayor
and City Council
.on May 31, 1972, Leath and Com-
pany of 656 Main Street, this city,
filed claim against the City claim-
ing dama-ges in an uns, >Ccified
amount and alleging damages on
,May 22, Hm caused by basement
flooding due to a filled trench In
front of ,said store causing water
to come intG the -basement.
Sa,ld claim was referred to the
appropriate City Agency whG in.
v,estigated same md reported to
this G jfice by letter of nG action.
able negligence on the part 01 the
Special Session, October 24, 1972
City and in view of the foregoing,
It is the recommendation of the
City Attorney that said claim be
denied.
.original claim is returned here.
with.
R. N. Russo
City Attorney
Coun'cilman Justmann moved ap-
proval of the recommendation. Se-
condedby Councilman Pregler.
Carried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
'l'homs.
Nays - None.
Absent - Councilman Bitter.
.october 19, 1972
Hon. Mayor
and City Council
.on Augnst 30, 1972, Gerald S.
Brandel of I2ΠCortez Drive, this
city, filed claim a,gainst the City
alleging damages of $56.41 caused
to his motor vehicle on August
20, 1972 a's the result of the door
being scratched whi'le it was pa"k-
ed near the Riverfront Pavilion
in Eagle Point Park in Dubuque,
Iowa.
This matter was referred to the
appropriate City Agency who in-
vestigated said matter and report-
ed to this office 'hy letter of no
actionable negligence on the part
of the City and in view of the
foregoing, it is the recommenda-
tion of the City AttGrney that said
claim be denied.
.originaI claim is returned here.
with.
R. N. Russo
City Attorney
CouncHman Justmann moved ap-
proval of the recommendation. Se.
conded by Councilman Pregler.
Carried by the fol'IGwing vote:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Absent - Councilman Bitter.
.ootober 19, 1972
489
This matter wa's referred to the
appropriate City Agency who in.
vestigated said matter and report-
ed to this office by letter of no
actionabIe negligence on the part
of the City and in view Gf the
foregoing, it is the recommenda'tion
of the City Attorney that the claim
of DameI L. Schmit be denied.
DriginaI cJaim is returned bere.
with.
R. N. Russo
City Attorney
Councilman Justmann moved ap.
provaI of the recommendation. Se-
conded by Councilman Pregler.
Carried by the fullowing vote:
Yeas - M,ayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Albsent - Councilman Bitter.
October 19, 1972
Ron. Mayor
and City Counlcil
.on Auguot 2, 1972, Fred Noah
Smith of 1960 Winnie Court, this
city, filed cIa,im against the City
of Dubuque claiming damages oc.
curring on sa,id date at his home
a's the result of a sewer back
up caused by bea;vy ræins and
claiming damages in the estimated
amount of $1735.00.
This matter was referred to the
appropriate City Agency who in.
ve,tigated said matter and rßport.
ed to this offiee by letter of no
n.,gJigence on tbe part of the City
and in view of the foregoing it
is the recommend'ation of the City
Attorney that the claim of Fred
Noa'h Smith be denied.
.origlna,l Claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Jnstmann moved ..p-
pro\'al of the recommenda,tion. Se.
conded by Councilman Pregler.
Carried by the following v<>te:
Yeas - M,ayor MGldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Absent - Councilman Bitter.
.october 19, 1972
Hon. Mayor
and City Council
On Auguot 2, 1972, Daniel L.
Sehmit of 1935 Winnie Court, this
city, filed claim againot the City Hon. Ma'yor
of Dubuque claiming d,amages oc- and City Counci'l
curring on said date at .aid ad- .on Augnst 2, 1972, Thomas J.
dress as the result of a sewer Krause of HI25 Winnie Court, this
ba'ck up caused by heavy rains city, filed claim a'gainst the City
and claiming damag"" in the es- of Dubuque in the ..mount of $710.00
timated "mount of $593.00. and claiming said dama'ges 00.
490
Special Session, October 24, 1972
curred on August 2, 1972 as the
result of a' sewer baclwp causing
flooding of his basement.
This claim was referred to the
appropriate City Agency who In-
vestigated same and reported to
this oEfice of no actionable neg.
ligence on the part of the City
and in view of the foregoing, it
is the recommendation of the City
Attorney that said claim he denied.
Origin:>!l claim is returned here-
with.
R. N. Rus'so
City Attorney
Councllman Justmann moved ap.
prov':>!l of the recommendation. Se-
conded by eounciiman Pregler.
Carried by the fò1lowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays -None.
Absent - Councilman Bitter.
Notice of cIlalm of' Daniel M.
Betts and J. ,Po Sandman, in the
amount 01' '1000., for car aama'ge
incurred as the result of drivine
into a' trench in the construction
area at 3120 S. Grand",ew Ave.
on October 14, 1972, presented and
read. Councilman Pregler moved
that the notice of claim be re-
ferred to the City Aittorney for
investigation and report. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas - Mayor Moldenhauer,
Councllmen Justmann, Pregler,
Thoms.
Nays - None.
Absent - Councllma,n Bitter.
N'>tlce of claim of George B.
BueIl, in an undetermined :>!mount,
for persona!! injuries received on
a city sidewa'ik at 1240 W. 12th
Street on September 15, 1972, pre-
sented and read, Councllman Preg-
ler moved that the notice of claim
he referred to the City Attorney
for investigation and report. Se.
conded by Councllman Justmann.
Carried by the following vote:
Yeas - Mayor Moldenhauer,
Councibnen Juøtm81lU, Pregler,
Thoms.
Nays - Nk>ne.
Absent - Councilman Bitter.
Petition of James C. Miller et
al re<!ue5!ing InstaUaliion of a street
light In the 700 block of Provi.
dence Street, presented and read.
Councllman Pregler moved that
the petition be referred to the City
Manager and Electrical Inspector
for investigation and report. Se-
conded by Mayor Moldenhauer.
Carried 'by the following vote:
Yeas - Mayor Moldenhauer
Councilmen Justmann, Pregler:
Thoms.
Nays - None.
M>sent - Councilman Bitter.
Petition of Duane A. Chase and
Marie Sullivan requesting rezoning
of the property at 1710, 1726 and
1740 Asbury from Two Famlly to
Multiple Fami'iy cl"ssiñcatlon, pre-
sented and read, Councllman Preg-
ler moved that the petition be re-
ferred to the Planning & Zoning
Commission. Seconded by Mayor
Moldenhauer. Ca'rried by the fol-
lowing vote:
Yea,s - Mayor M\>1denhauer,
Councllmen Justmann, Pregler,
Thoms.
Nays - None.
Absent - Councilman Bitter.
Petition of Peoples Natura! Gas
requesting permission to excavate
at 605 W. 11th Street to repair
leak in service, presented and
read. Councllma,n Justmann moved
approval of the petition. Seconded
by Councllman Pregler. Carried
by the following rote:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Absent - Councilman Bitter.
Petition of The New March of
Dimes requesting permission to
conduct a "Mothers Day" march
in January 1973, presented and
read, Councllman Pregler moved
approval of the petition subject
to approval of the City Manager.
Seconded by Mayor Moldenhauer.
Carried by the following vote:
Ye"s - Mayor Moldenhauer,
Counci'imen Justmann, Pregler,
Thom.s.
Nays - None.
Absent - Coundlman Bitter.
Petition of Fondell & Sons Inc.
requesting permission to excavate
in E. 3I2nd Street between Jack.
son and ra,ilroad viaduct, present-
ed and read. Counci'iman Pregler
moved approv,al of the petition sub.
ject to approval of the Engineer-
ing Department. Seconded 'by Ma.
yor Moldenhauer. Carried by the
following vote:
Yea's - M,ayor Moldenhauer,
Special Session, October 21, 1972
491
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Absent - Councilman Bitter.
Petition of Hill<:rest Builders Inc.
requesting permission to excavate
at 2O'T5 Kennedy Road for water
main connection, presented :>! n d
read. Councilman Pre,gler moved
approva'l of petition subject to ap-
proval of the Engineering Depart-
ment. Seconded by Mayor Molden.
hauer. Carried hy the following
vote:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Absent - Councilman Bitter.
Petiton of Mary Annice Miller
requesting a refund of $37.50 on
the unexpired portion of Cla,ss C
Beer permit No. 1825, as she has
discontinued business on Octoher !
17, 1972, presented and read. Ma-
yor Moldenhauer moved approval
of the refund request with instruc-
tion to the Auditor to issue proper
warrant. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas - M,ayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Absent - Councllman Bitter.
Petition of Violet Savary request.
ing a refund of $150. on tbe un.
expired portion of Class B heer
permit No 1Bœ, issued to Theodore
Kanavas, deceased OclJober 9, 1972,
presented and read. Mayor Molden-
hauer moved approval of the re-
fund with instruction to the Auditor
to issue proper warrant. Seconded
by Councilman Pregler. Carried I
hy the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Aibsent - Councllman Bitter.
Petition of Violet Savary request-
ing a refund of $50, on the un.
expired portion of cigarette liœnae
No. 65, I.sued to Theodore Kana.
vas, deceased October 9, 1972, pre-
sented and read. Mayor Molden.
hauer moved a'pprovaI of the re-
fund with Instruction to the Auditor
to issue proper warrant. Seconded
hy Councilman Pregler. Carried
hy the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Absent - Councilman Bitter.
RESOLUTION NO. 330.n
WHEiR;ÐAS, applica,tlons for Li-
quor licenses have been submitted
to this Council for approv,al and
the same have been examined,
NOW '!1IlE,RiFOtRiE BE IT R'E.
SOlNE,D by the City Council of
the City of Dubuque, Iowa, that
the fat owing applications be grant-
ed and licenses issued upon the
compliance with the terms of the
IOWA LIQUOR CONrrRoL AiCT-
CHiA;Pl!'ER 131-os amended by the
64th Genera'l Assembly, 1972.
CLASS "C" (COMME,RCIAL)
BEiER & LIQUOR LICENSE
Charles J. Spielman, 2401 Windsor
Avenue
P'assed, adopted and a'pproved
this 24th day of October, 1972.
Wayne A. Moldenhauer
Mayor
C. Robert Justmann
AHan T. Thoms
Walter A. Pregler
Councilmen
Attest:
Loo F. Frommelt
City Cleric
CouncHman Thoms moved adop-
tion of the resolution. Secondèd
hy Councilman JUBtmann. Carried
by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Na,ys - None.
AJbsent - Councilman Bitter.
R'ESOL11ION NO. 331.12
WŒJjER1EAS, applIcations for Li-
quor licenses were filed hy the
within named appliunts and they
have received tile approva'l of tIlis
Council, and
WŒmREAS, the prentises to be
occupied by such applicants were
inopected a'nd found to comply with
the State Law and all City or.
dinan~es relevant thereto and they
have filed proper bonds,
NOW ~ BE IT RIE.
SOINÐD hy the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to he is-
sued to the following named ap.
plicant. a Liquor license.
CLASS "C" (COMMERCIAL)
BEE'R & LIQUOR LICE,NSE
Charles J. Spielman, 2401 Windsor
Avenue
1!II¡I~~ml!
492
Special Session, October 24, 1972
Passed, adopted and approved
this 24th day ()f October, 1972.
Wayne A. Moldenhauer
M'ayor
C. Robert Justmann
Allan T. Thoms
Walter A. 'Pregler
,Councilmen
Section 1. That the City Council
01 the City of Dubuque, Iowa for-
mally goes on record beseeching
the Governor of the State of Iowa
the Honorable Rohert D. Ray, t~
èi:ectly intervene for and on be.
half of the City of Dubuque, Iowa
with the I()wa State Liquor Con-
trol Commission to prevail upon
"aid Commission to allow two li-
quor store outlets in Dubuque, Io-
wa, that is, one new facility as
proposed to be Jocated on Dubu.
que's west side and the retention
cf the present or simila,r retail
liquor outlet to serve the down.
to,wn area, the north end area
and the Rhomberg Avenue neigh-
borhoods.
Section 2. Tbiat tbe Governor 01
the State of Iowa is herewith in.
formed that it is the consensus
of the City Council of the City
of Duhnque, Iowa that the tWQ
retail liquor store outlets In the
City of Dubuque, Iowa a,re essen-
tI:>!lly necessary in tile best in-
terests of preserving the publIc
purse as well as rendering a ser.
vice much needed to the inha,bi.
tants ()f the City of Dubuque, Iowa
and thereby eliminate the costly
excursions to the precincts beyond
the territorial lImits of the City
01 Dubuque, Iowa to satisfy the
demands that should properly be
satiated and competently served
within the City of Dubuque, Iowa.
Plassed, approved and adopted
this 24th day of October, 1972.
Wayne A. Moldenhauer
Mayor
C. Robert Justmann
Allan T. Thoms
W:>!lter A. Pregler
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thoms moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Absent - Councilman Bitter.
R,ESOLU1'ION NO. 332.72
WHiE)RJEAS, the City Council 01
the City of Duhuque, Iowa desires
to exert its best e£forts in order
to insure and retain a State retail
liquor store outlet be located in
the Dubuque downtown area; and
WŒJ;EŒ\!EIAS, tile City Council of
the City of Dubuque, Iowa desires
to express its gratitude to the Iowa
Liquor Control Commission for its
decision to locate a new retail
lIquor facility on the western side
of Dubuque, Iowa; and
~, the City Council of
the City of Dubuque, Iowa' is ever
mindful of the faet that this neW
location wili in effect work a direct,
distinct hardship on many of the
City's elderly and others who do
not own vehicles but who live In
the historic downtown area extend.
lng northward to the city limits;
and
Wfl,EòRJE;AS, the City Council of
the City of Dubuque, Iowa desires
beseech the Govern()r of the State
of Iowa to intervene on the behaU
of the City of Dubuque, Iowa in
requesting that tile State Liquor
Control Commission allow two ro. I
wa Liquor Store Outlets in Dubu-
que, Iowa, that is to say, one
new facility in Dubuque"s west side
and tbe retention of the present
or similar outlet located in the
downtown area to serve the down-
town area, the north end area
and RhQmberg Awnue nelgbhor.
hoods.
NOW THEREFORE BE IT RJE.
SOLVl')!) ,BY "mE CITY COUNCIL
OF 'l1HIE CIIl'Y OF DUBUQUE,
IOWA;
Attest:
Leo F. Frommelt
City Clerk
Councilman Thoms moved adop.
tlon of the resolution as a com.
pletion of motion adopted at Coun-
cil meeting of October 3, 19'12.
Seconded by Couneilman Pregler.
Camed by the fo1l'>wing vQte:
Yea's - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Absent - Councilman Bitter.
Councilman Pregler moved that
the Boards and Commissions of
the City meet in the City Ha!l
at the time of their reguJarly sche.
Special Session, October 24, 1972 493
duled meeting's for the benefit of Pregler. Carried by the f()!lowing
the general public. vote:
City Attorney Russo recommend. Yea's - Mayor Moldenhauer,
ed that the idea be referred to Councilmen Justmann, Pregler,
the Council aud staff for considera- Thoms.
tion. Seconded by Councilman Just- Nays - NQne.
mann. Carried by the following Absent - Councilman Bitter.
vote: Leo F. Frommelt
Yeas - Mayor Moldenhauer, City Clerk
Councilmen Justmann, Pregler,
Thoms.
Nays - NQne.
Absent - Councilman Bitter.
Communication of Sisters ()f St. I Adopted
Francis requesting rezoning of a
pol'tion of land located n()rth of
Da'Vis Avenue from single family
to multiple residence district Clas.
sification to be used for a child
development care center, present-
ed and read. Councilman Pregler
moved that the communication be
referred to the Planning & Zoning
Commission. Seconded by Mayor
Moldenhauer. Carried by the fol-
lowing vote:
Yea's - M,ayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Absent - Councilman Bitter.
There being no further business
Councilman Justmann moved to
adjourn. Seconded by Councilman
Approved
I Attest:
197-
197-
Councilmen
City Clerk