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1972 November Council Proceedings Regular SessiOl!l, November 6, 1972 495 Pregler, Thoms. City Mllnoger GU- bert D. Chevonelie. Mayor Moldenhauer read the call OFFICIAL and stated thai!: serWce thereof bad Reg"'er session. ,November 6, been duly made a,nd this is the 1972. Reguler Meeling, calred for the Council met et 7:30 P.M. (C.S.T.) purpose 01. acting upon such husi. P- -Meyor Moldenhe....., ness as may prop"rly come before Councllmon 'R I t t e r, Justm..... the meeting. Budget Estimate CITY Tax Year 1973 neB Of Dubuoue I 7"" P.M. at C"" CITY COUNCIL A B C EXPENDITURES FOR YEAR 11m II "71 A~al, "73 Adual E"1- ,:, P........, ma'" i F~"g=, ::::r::> \ 680.",1 730.",1 827.5661 ,. s...., Sl- I '89.0561 ",."" 175.8501 3. Publ. Set..", 1 1.92'.3031 """"" ""'.0071 30 FI,. , I , 1 3b 0ItI0r I I I I ,. Sanllatlon dlno I "'.9231 76""" 775.1221 5. ð':'ö,.¡nl"',' I <28.7631 ......831 ...7.",1 50 Comm.v I I I I 50 A"POrt I / I I 50 DIh'" I I I I 6. R......IIon, , 561.6321 '91."" 612,"" .. Oth", I I I I 7. U""".. '1"91.3'" '.20'-"'/1.22'.1651 8. I I I I ,. I / I I Func. ",1>-"'01 'M) \ \ ' I G.....al Fund. ID. Now_'ion '."'A20 7.016....\ '.121.863 ". 8J,~~~ I 1 1 12. UtlH"" I I ,- ----, 13. UIII"", I I I I 16. I I , I 15.P~::'.~~ I ".0631 No,. \ ",""\ 16. Do" """"« 1 860"'" 867.7911 821.276/ ".T.."&AS"CY' '89°-"'1 """""1."""" "a. Oth., 1 I , , 18. Tort LIability I 28.7261 29.7"" 33.781/ 19. 1 I , I 20. I I , , 21. I 1 I I 22. ....... R""al 11"".52011.02'.5151 "'.3271 ".Sl-IR.U.T.) ".16M"'!."'."" 857.3591 26. L'o.... Prof11 I I , 2S.Pa""ngMo"'" 1 ' , 26. Po"""' LOf I I , , 27. Pa""ns Foem"", 1 266."" 267.87" "'.0271 28. I I , , 29.SI""IAs.Lood' , I ' , 30. Total 110.65'.7111",500."'"°.225.957/ E,"met.. Tax.. .... ".... A"a"" Valua... 869.'" ..- "J§:II~" 'iii1t.::~ ! t I in ~~~ "Ei. wE~" "'iÒ~~i> ",vi "'. ~+ '" '¡¡" ,¡¡~~ ~~¥i "'" >; zõ w .. 1 659.753/ 367..13 I "'.3081 "'.562 I 578,500I1A20.5O7 ¡---¡ ¡---¡ I "'.-462' 266.'" 1,95.730/ 311..103 ¡---¡ ¡---¡ ¡---¡ I 132.0651 680.155 I I ",,70.8081 153.357 ¡---¡ , , 1,........13."..", I I ¡---¡ ¡---¡ II",.", I '.000' 817.'" I 11.10011,058.799 I I , '001""" ¡---¡ ¡---¡ ¡---¡ / "'.3271 1857.359' ¡---¡ ¡---¡ ¡---¡ 1"',02" ¡---¡ " ~.'" It. 10/17 496 Regular Session, November 6, 1972 '- Councilman Pregler moved that the prool. of publication be receired and filed. Seconded by Council- man Bitter. Carried by the foilow- in,g vote: Yea. - Mayor Moldenhauer, Cooncilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Couneilman Pregler moved that the rules be susp"nded in order to let a'nyone present address the Council if they so desire. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenbauer. Couneilmen Bit t e r, Justmaun, Pregler, Thoms. Nays-None. Mr. RiOOaTd H. Ludwig, Presi- dent 01. the Ohamber 01. Commerce, read a report from the Chamber Committee on Taxation, eJ<Pressing appreciation 01. the cOOP"ration of the Council and City staIB' during the review of tbe 197t! budget and recommending Council a¡>proval of the budget, however eJ<Pressing some concern ... to the lateness of filing the budget and further suggesting the formation 01. a bud- get reviCIW cc>mmittee. Councilman J_ann mo<ved lJhat ¡he com- munication ber&:ewed aM filed. Seconded hy ~r Mc>1deruhauer. CamBd by the follOWing v:ote: Yeas - Mayor Moldenhauer, Councilmen Bit te r, Justmaun, Pregler, Thoms. Nays - None. In the general area of Revenue Sharing and after considera'ble dis. cussion Councilman Jus t man n moved that tbe City Manager and City Attorney explore the possibili- ty 01. returning monies to original tltxpayers. SecondBd by Mayor Moldenhauer. Upon further motion Mayor Moldenhauer moved to tahle the motion until the first meeting in December. Seconded by Council- man Bitter. Carried by the toUow. ing vote: Ye... - Mayor Moldenhauer, Coundlmen Bitter. Pre g 1 e r, Thoms. N..ys - None. Abstain - Councilman Jus t- mltnn. Mr. Ai Kremenek of 3025 Karen street addressBd tbe Council by stating that his ,ta,,"s rose from $24'l.33 in 1Sœ to $643.38 in UI7Q. Councilman Justmltnn movBd tbat the tax Itskin.gs be reduced by $14ß,1œ covering the emergency mill levy 01. $104,44/1 plus $39,085 public safety mltking a total de. duction 01. $14ß,5I3C!. Seconded by Mayor Moldenhauer. Councihnan Bitter moved to taihle the motion until December. Motion died for lack 01. a second. 10011 eltll on the original motion was a. follows Ye... - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler. Nays - Councilman Thoms. Communications from the State Comptroller, one of which suggest- ed, th<o s"bmission 01. the budget to the County Auditor as soon as possihle in normal fashion, and if budget is to be reCIValuatedsuh- mit the information after _eiving first revenue sharing check, all bec"",," of unreliable income and population data built into revenue shltring formulas, presented and read. Councilman Pregler moved that the communications be re- ceived and fiied. Seconded by Councilm... ,Bitter. Carned by the following vote: Yeas - Mayor Moldenbltuer, Councilmen Bit t e r, Justmann. Pregler, 'Dhoms. Nays - None. ,November 3. 1972 To the Honor",ble Mayor and Me_rs 01. the City Council Attached hereto is a list 01. ,par. cels 01. rea,l estare within tbe City limits, consisting of ten acres or more which would be eligible for taxation as agricultural land. AJso attached are the Itpplica. tions for exem¡>tion .... filed by property owners lJhat haw ten a'c. res of land or more, in one piece, within the city limits. These pro. perty owners haw certified th"t the laDd Is being lINd' fior .,gricul. tural or horticultural purposes, and are entitled to tax exemption a. provided hy law. A eopy of the attached list will be filed In tile ofifIc., 01. the County Auditor at tbe time of filing the hudget. Gilbert D. Cha~elle City Manager Regular Session, November 6, 1972 Councilman !Bitter moved appro- val of ,the list with instructions that same he filed ,with the County Auditor. Seconded hy Councilman Pregler. Carried ¡by the following vote: Yea. - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 333-72 WHiEmEAS, the Council 01. the City of DUhuque, Iowa, caused to be prepared and published as pro. vided hy la,w, the Budget Estimate of E>q>endilures for the fiscal year beginning JOIWaxy 1, ,1973 and end- ing December 31, 19m and the hearing upon said budget estimate wa's fixed fur the 6IJh day of Novem- ber 1972, at 7:30 o'elook P.M., in the Council Chamber at the City Hall; and WŒI~E~, this being the time and place for said hearing, said Budget Estimate wa's taken up for final consideration by the Council a'nd Itllparties in interest have been given an opportunity to be heard for or against said Budget Estimate. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIJL OF THE 0lTY OF DUBUQ1Æ, IOWA: That the hudget estimate 01. ex- penditures for the fiseal year be- ginning January 1, 1973 and end- ing Deeember 31, 1973, heretol.ore prepared and published be and ,the same is hereby finally approved and adopted and tbe Mayor and Clerk are directed to certify the same to the County Auditor of Dubuque County, Iowa, together with a verified prool. of pUblication Jmd the notice of bearing upon said Budget Estim"te. , BE IT FtJIRTHER RESOLVE'!>. I that the taxes required to he 001- lected m, tlle1.W be and the sam" are hereby Íevied In the amounts of said Budget Estimate. Passed, adopted and approv>ed this 6tI1 day of November, 1973. Wayne A. Moldenhauer Mayor Walter A. Pregler AHan T. ThoIlB 497 C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City .clerk Councilman Pregler moved adop- tion of the resolution. Seconded by -Councilman Bitter. ea'rried by the following vote: Yea's - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Mayor Moldenhauer announced the appointment 01. Mrs. Frank Ciccarelli to the lOOard of Zoning Adijugtmentto take the place 01. Naomi G. Buelow for an unexpired five year term to 3-5-77. Council- man Pregler moved ratification of the a'ppointment. Seconded hy Councilman Justmann. Carried hy the following vote: Ye"" - Mayor Moldenhauer, Councilmen Bit t e r, Justmann. Pregler, Thoms. Nays-JNone. Communication 01. State Depart- ment 01. Health extending permit No. 'm-59-S for planning 01. the remaining portions of Pha'se IT Wa- ter Pollution Control improvements to July 1, 1974,presented and read. Councilman Pregler moved that the communication be received and filed. Seconded hy Councilman Bit. ter. Carried hy the foll<>wing vote: Yo.... - Mayor Moldenhauer, Councilmen Bit t e r. Justmann, Pregler, Thoms. Nays-None. Communication 01. Dubuque Ad- visory Commission showing S<>Dle concern in the delay of consider- ing and adoption 01. a Code of Ethics for the CIty. presented and read. Councilman Thoms moved that the communication he receiv- ed and filed, and referred to the Council for future ,proceedings. Se- conded by Councilman Bitter. Cu. ried by ¡he following vc>te: Yelts - Mayor Moldenhauer. Councilmen Bit t e r, Justmann, Pregler, Tho"",. 'Nia~one. Iliilll~III.1 Communication 01. Mrs. Harold Beci1en of 236 E. 27th Si. IJÒjecting to the proposed Couler VlIiley Cor- 498 Regular Session, November 6, 1972 rldor freeway, presented ,and read. Mayor Moldenhauer moved that the communication be recei..ed and filed and referred to the Council and consultants. Seconded hy Coun- cilman ,Bitter. Damed hy the fol- lowing vote: Yeæ -M,..yor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. NaylO----None. October 24, 11m! To the Honorable Mayor and City Council I herewith suhmit the reports of the City Treasurer, City Auditor, Water Sup"rintendeot, Health De- paTtment, as well as .. list 01. claims paid, for the month 01. Sep- tember 1JI72. Gilbert -D. Cha-lle CRy Manager Ma'yor Moldenhauer moved that the reports be received and filed. Seconded hy Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. NaylO----None. NOvember I, 1JI72 Honorable M"yor aD,d , I City Council I return to you a petitiou for a street light along the 700 I>look' of providence Street. 'l1he aTea has been inspected and it is recommeIlded a 4000 lIImen incandiescent be instaRed on a pole located at the southeast corner 01. Providence Street and Stafford Street intersection. Gilbert D. Chavenelle City Manager Councilm'an Pregler moved apo pr""al 01. the recommendation. Se- conded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nay~. October 24, 1972 Honorable Mayor and Councilmen 'l1be Duhuque Pla,uning and Zon- ing Commission has held a public beating on a request to rec:IuaIfy prop"rty known as the Old Timers Athletic and SuPi><>r OJ"b Place except the noIItherly 1110 feet there- '*- from SIn¡!e Family lIe8idence to Multiple Residence classifica. .tion. The puhlic hearing produced no oral or written objection to the proposal. In 1IlOO, the Commission had con. sidered ..lternative uses for this site and had determined that Mul- tiple Fa,mily deveJopment would be appropriate. The ComnUssion has considered this petition and wishes to reaJIfiIm its prior de. cision. I!t is the recommendation of the Dubuque Planning and Zon- ing Commission that the petition he approved. 0JrrY ~ ANID ZONI1NIG OOMIMISSION Daniel Dittemore DeveJopment Planner Councilman Pregler moved that the communication be referred for prOJM'r proceedings. Seconded by Counc,ilman Justmann. Damed hy the following vote: Yeas - Mayor Moldenbauer, Councilmen Bit t e r, Justmann, Pregler, Tboms. Nays---None. October 24, 1972 Honorable Mayor and Councilmen The Dubuque Planning and Zon- ing Commission has considered the request 01. the Duhuque Packing Company (or ,,"cation of Maple Street between 16th Street and 17th Street in the City of Dubuque, Iowa. The Commission has found tbat Maple Street serves no pur- pose as a ,public thoroughfare at this location and has recommended tbait it he vacated in accordance ,with the request, subject to appro- pria,te easements for utilities. OIII'Y PlLANNœNG ANID ZONI1NIG COMMISSION Daniel Dittemore Development Planner Councilm.... Pregler moved that the recommendation be referred for POOP<'< proceedings. Seconded by Councilman Bitter. Camed by the fol!Qwing vqte,: Yeac . -' MÂJOI' MeldeDbauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nay.......None. Octdber :M, 1Ø72 Honorable Mayor and Councilmen The D"huque Planning and Zon- ing Commission has considered the request of Mr. and Mrs. Richard Oc,tober 31, 1972 Hon. Mayor and City Council On September ~, 1972, Roy V. Ingles 01. ,16 East lßth Street, thio city, filed claim against the City of D"buque in the amount 01. $38.113 alleging that on August 13, 11172. he da'maged his motor hike as the result 01. striking " patch 01. oil on the roadway at the COrner of Iowa Street betJween First and Second Streets causing him to lose 'control 01. said ~. I ha've investigated this IIUttier and have conferred with the Street Depa'rtment and find no actionable negligence on the part 01. the City and accordingly, it is the recom. mendation 01. the City Attorney that said claim be denied. Origin8il c'laim is retnrned here- with. R. N. Russo City Attorney Councilman Bitter moved appro. val of the recommefiŒation. Se- conded by Mayor Moldenhauer. Camed hy the follOlWÌng vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Na,. - None. Regular Session, November 6, 1972 499 Fuerst to v"",.te the platted aUey Conpor,ation 01. Waterloo, Iowa' and lying east 01. Lot 155 01. Hamm's therefore is assortable against said Addition in the City 01. Duhuque, contractor, and accordingly, it Is Iowa. The Commission has found the recommendation 01. the City that this alley provides the only Attorney that said claim be denied. means 01. access to property de- We have fonwarded copy hereof scribed as Lot 76 01. Hamm'. Add- to the claimants and have asked ition and therefore cannot be va- that We be kept ad\'ÌSed. cated without the consent 01. this Original claim is retnrned here- a<ijoining prop"rty owner. The with. Commission has also determined R. N. Russo that the va'cation of the alley would City Attorney p~ov¡de no. substantial henetit to Councilman Bitter mOVed appro- eIther "huttmg P1'OP"rty owner and val 01. the recommendation. Se- ?8S ther<;fore recomme.nde~ that conded hy Mayor Moldenhauer. it be retamed asa public nght-od'- Carried hy the following vote: way. Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. 0Irl'Y PúA!NlNiING ANID ZONiNG COMMISSIoN Daniel Dittemore 'Development Planner Councilman Bitter moved aPl>- ro"al 01. the recommendation. Sec- onded by Mayor Moldenhauer. Car- ried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays.--iNone. NOtice 01. District Court 01. taking oral deposition beginning October 31, in the case 01. St. Joseph Mercy lfospital, presented and read. M'ay- or Moldenhauer moved that the notice be received and filed. Sec- onded ,by Councilman Bitter. Oar- ried by the following vote: Yeas - Mayor Moldeubauer, Councilmen B i t.t e r, Justmann, Pregler, Thoms. Nays.--;None. October 30, 1972 Hon. Mayor and City Council On October 16, 1972, Daniel M. Betts and Joseph Paul Sa'ndman of 2l8O St. Celia and ,11129 Avalon Streets, respectively jointly filed claim in the amount of $1000.00 against the City 01. Duhuquea'nd claiming said damages occurred on October 14, 1972 to his auto .. ..... result ØI llbiking 0: trench open across the street ,at 220 S. GTandview and further alleging that harricades at Grandv'iew and Southern Aivenue and signs bad heeD removed. I ha..e investigated said claim and conferred with the Street Com. missioner and find said street was under construction by Cedar Valley 1!II~ililll~~I!! Octoher 30, 1972 Hon. Mayor and City Council On August 4, 1972, Fred R. Bandy 01. '1IlOO Key Way this city, rued claim against the City of Duhuque in the a,mount 01. $3,025.00 and al. leging said c1aim arose out 01. his striking.. loose 'manhole """'" on 500 August 2, 197,2 at 1788 Key Way and said cover wedging itself be. tween the street and his vehicle lifting same oM thepawement and then dropping said vehicle caus,ing eJctensive dam"ges to the auto. I have made an investigation of this matter and have cooferred with the Street Commissioner and find that said manhole lid popped out due to an unusually heavy rai11lfall. This rainf"llcaused other manhole 1iàs to ,pop out 'as we1l and the manhole lids were reset promptly by the street department. Accordingly, it is my opinion there was no actionable negligence on the part of the City of iDubuque and recommend that said claim be denied. Origina'l claim is returned here. with. Regular Session, November 6, 1972 October 23, 1972 Honorable Mayor and City Council On March 14, él9T2, Dowell H. Wolter of ~1 Sheridan, this city. filed claim against the City of Dubuque, in the amount of $12.00 and claiming said damages occurr. ed to tires on his m<>t<>r vehicle on March iJ3, 1972 as the result of dropping into a' hole on the edge 01. the roadiway while driving near :175 W 32nd Street, this city. This matter was referred to the City Attorney who has made an investigation thereol. and finds "" actiona,hle negligence on the part of the City of Duhuque, and in view thereol., it is the recommenda. tion of the City Attorney that the claim of Lowell H. Wolter be de. nied. Origìnai Claim is returned here- with. R. N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Se- conded by M'ayor Moldenhauer. Carried by the following vote: Yeas - Mayor ,Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. October 18, 1972 Hon. M,ayor and City Council On the 9th of October, 1972. lJa. vonne Ry,an 01. 2157\02 Broadway, Duhuque, Iowa filed claim against the City 01. Dubuque, Iowa in the amount of $31.92 as the result of barric'ade in Karrigan's parking lot on Septemher 29, 1972. I have reviewed s"id claim and have examined the site and it is my opinion that there was no ac- tionwhle negligence on the part of the City and therefore it is my recommendation that said claim be denied. Original claim is returned ,bere- with. R. N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Se- conded by Mayor Moldenhauer. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen' ,B i t t e r, Just".ann, Pregler, Thoms. Nays-None. Ill. N. Russo City Attorney Councilman Bitter moved appro. vai of the recommendation. Se- conded hy M,ayor Moldenhauer. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. October 24, 1972 Honora'ble Mayor and City Council On December 29, mi., Original Notice with petition attached was sewed on the City 01. Dubuque, Iowa, wherein Frank Oswald, plainti:£!, commenced an action in the DIstrict Court 01. Dubuque County, Iowa ,against Kermit M. Mey"" and CJaude J. Meyer, D-!>'a Union Cigar Store, and City of Dubuque, Iowa., as d<J!'endants, ask. ing judgment in the amount 01. $1B,940.5O, with interest and costs, being Law No. -, said action arising out 01. a claim for damages tor personal injuries allegedly suf- fered.. the result 01. a fan on February 5, 197'1 on the sidewalk in the City 01. iDuhuque at a, point at <Jr near æ6 Main Street and furtheraUeging that said faR ""'" due to the icy condition of said sidewaJk. The originai notice and p"tition was referred to the City Attorney who interposed appropri- ate pleadings thereto and plain- Regular Session, November 6, 1972 tiIiIf. through his attorney, has made an offer of settlement in the amount 01. $2,250.00 and the City's share 01. said settlement contribu. tion is in the amount 01. $750.00 and that said offer 01. settlement should be accepted. That the City Auditor be in- structedto draw warrant paya,ble to Frank Oswald and transmit same to the City Attorney £Or de- livery upon recetpt of duly exe. cuted relewse and dismissal 01. said cause with prejudic,eand upon payment of court costs. Original Nottce with p"titton at. t""hed and notice 01. claim is reo turned herewith. R. N. Russo City Attorney Councilman Bitter moved 'appro. val CIf the recommendt<tton. Se- condedby Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, ThotrI.,. Nays - None. Nottce 01. da'im 01. Ca-rol Mays, in the amount of $20. for car da- ma'ge incurred as the result 01. striling a hole in the street at 730 Haoward on August 11, 1002. presented and read. Councilman Bitter DWved that the notice CIf claim be referred to the City At. torney for prDP<>r action. Seconded hy Mayor Moldenhauer. Carried hy the following vote: Yea~ - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays iNone. Notice of claim (jf MciDowell Ap- pliance, in the amount of $3S.00, tor expense mcUlTed as the result 01. a hacked-up sanitary sewer at 1838 Central Ave. on October 11, 197\2, presented and read. Council. man Bitter moved that the notIce of claim he referred to the City Attorney for proper action. Se- conded by Mayor Moldenhauer. Carried hy the following vote: Yeas - Mayor Moldenhauer. Councilmen BUter, Justmann, Pregler, Thoms. Nay. - None. Notice of claim 01. Robert W. Fortmann, in the a-mount of $75.00, to, r exp"nse inCUrred, a. tbe result I 01. a' hacked-up sanitary sewer at his home at 1113 Kaufmann Ave. 501 on October 20, 1972, presented and read. Councilman Bitter moved that the notice 01. cla'im be reo ferred to ,the City Attorney for prop"r action. Seconded hy Mayor Moldenhauer. Carried hy the fol. lowing vote: Yea. - Mayor Moldenhauer. Councilmen B i It e r, Justmann. Pregler, Thoms. Nays - None. P-rool of Publication, œrtified to hy the ,Publisher. of notIce of pub- lic hearing to amend Zoning Or. dinance No. :h'I4 hy rep"aling Sec. tton 1 (jf article V.A thereof and enacting a new Section 1 of Ax; ticle V.,A in lieu ,thereof, present. ed and read. 'Councilman Bitter moved that the proof of puhlica- tton be received and filed. Second. ed by Mayor Moldenhauer. Car. ried 'hy the following vote: Yeas - M'ayor Moldenhauer, Councill1llen Bitter, Justmann. Pregler Thoms. Nays - None. Mr.R. J. Rosenow of 1420 Glen Oak St. ohjected to the proposed Ordinance amending the Zoning Ordinance which would permit the sale and consumption of beer in cafes and cafeterias. He told the Council if they ignore the recom- mendation 01. the Planning & Zon- ing Commission, the City Solici- tor, and the Petittoners, aU being "gainst the proposed change, he would have nothing more to say. because it would prove to be fruit- less, Mr. AnNwny Boleyn ohjected to the Proposed zoning change he. cause it would reduce the resale value of his .prop"rty at 1084 Ver. non Street. Mr. ,Phil Langas addressed the Council relative to his many pe. titions for a' Class B heer license, ORDI,NANCE NO. 53-72 An Ordinance amending end chan. ging Ordinance No. 3-34 known as the "Zoning Ordinance of the City of Dubuque, Iowa", by repealing Section 1 of Article V.A and aclopt- ing a new Section 1 of Articla V-A in lieu thereof, to clesslfy restaurants, cafes end cafeterias as uses separate and distinct from reta,i,1 stores, and to permit the sale and consumption of beer there- in, under <en-a in specified coneli. tiom, said Ordinance baoving been ,pre. 502 Regular Session, November 6, 1972 viously presented and read at the Council meeting of October 3, 1972, presented for final adoption. Councilman Justmann moved for final adoption of the Ordinance. Seconded by Councilman Bitter. Yeas - Councilman Justmann. N"ys - Mayor Moldenhauer, Councilmen Bitter, Pre g Ie r, Thoms. ORDJNAiNOE NOT AJOOPTED. Proof oI.Puhlication, certified to by ,the Puhlisher, of notice of pub. lie heaTing to "mend Ordinance No. 46-72 !mown "" an Ordinance regulating the sale and consump- tion 01. beer a,nd liquor, by re- p"aling Section 4 thei!eOIf and enam- ing a new Section 4 in lieu there- of, presented and read. Council. man Pregler moved thet the prool. 01. publication he received and filed. Seconded by Councilman Bit- ter. Camed by the following vote: Yeas - Mayor Moldenhauer, Councilmen Pregler, Thoms. Nays - Councilmen Bitter, Just. mann. ORDI,NANCE NO. 55.72 An Ordlnonce omonding Ordl. nonee No. 46-72 by _ling I Seclion 4 thoreo/. end enoctlng a now Section 4 In lieu thoreof ' to ""ovlde for tho locotion ,01 tho preml... 01. 0 Cia.. "B" Boer Permit within 0 locol llusl..... "A" District CI..s1flcotlon, said Ordinance ha'ling been pre- viously presented "nd read at the Council meeting 01. October 3, 1972, presented for final adoption. Councilman Pregler moved that the Ordinance "s proposed not he adopted. ~onded hy Councilman Bitter. Carried by the following vote: y""" - Mayor Moldenhauer, Councilmen Pregler, Thoms. Nlay&--Counci1men BÜt>er, Just- mann. Proof of publication, certified to by the Puhlisher, of notice 01. pub- lic heorlng to NP8Ù .. ordID8Dœ adopted in 19O7 purporting to va. cate and grant the use to Duhuque Boat and Boiler Worlœ a strip 01. public lond located bebVleen the north olde of the Ice Horbor 8Ðd the south line 01. Block D, E and L of Booth's Addn. to the City of Dubuque and extending from the westerly line of extended Lot 7 of Block D easterly to the west- erly line extended 01. Block 13 of mock L of said Booth's Addu. said strip being a portion 01. the levee on the north side of the Iœ Ha'~bor preseøted and read. ' Councilm..n Justman moved that tire prool. of publication Ire received and filed. Seconded hy Councilman Bitter. Gamed hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Juotmann, Pre- gler, Thoms. NIa'ys--None. Communication of the Dock Com. m&ssion recommending adoption of a proposed repealing onlinance purporting to ...eate and grant the use 01. Duhuque Boat " Boiler Works, now known as Dubuque Boat I< :Boiler Co., and that im- mediate action be talren to adopt the ordinance prœented and read. Councilman Justmann moved that the communication he received and filed. ~onded hy Councilman Bit. ter. C"rried hy the foHowing vote: Yea. - M'ayo~ Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Communication of Dubuque Boat and Boiler Company advising the City of their intention to fully re- Sist any and all adverse claims to the title of their real estate located in a portion of the levee on the north side 01. the Iœ Harbor, presented and read. Councilman Thoms moved tbat the communi. cation be received and filed. ~- ondedby Councilman Bitter. CaT- ried by the foJ:lowing vote: Yea's - Mayor Moldenhauer, Councilmen Bit t e r, Justmann. Pregler, Thoms. Na,......None. ORDINANCE NO. 56-72 An Ordlnonee ropeollng Onli. none. of tho City 01. Dubuque, I-. .......... March 21,1tO7 pul1>Ortlng to veute and gront the use to Dubuque Boot end Boller Works (now known os 'Dubuque Boot & Boller Co.) of 0 portion of tho 1- ~ on tho north side of tho Ico Her. bor In tho City of Dubuque, lowo .'aid Ordinance ha.,;"g been pre- Vliously presented and read at the Regular Session, November 6, 1972 503 Council meeting. October 16, 1972'1 f;~~ct~~;::"","',':~t~~: presented for Final adoption. ""' tho Inl",.." ot tho aty of Du. buquo 'n 0"" '" ,aid ""..,.rty, ORDINANCE No. ..." PAS.~D. APPROVED AND ADOPT. ED. "'" 6th day 01 NOYem"". 1972, W'Yno A. Moldonh.u... Moy... Allan T. C. Ro""" w.It., A ATTEST, Loo F. F"'mmolt aty cl",k Publl,"" officially i, Tho TeI.....Ph. H.,ald No......., thl, 10th day of Noy",,""'.I972. Lao ~1t:~.1t 11.11/10 Councilman Justmann moved fin. al adoption 01. the 0rdiIumce. Sec- onded hy Couucilman Bitter. Car. ried hy the following vote: y""" - MaY<n" MoIdeDilauer, Councümen Bitter, JnstnwInn, Pregler, Thoms. ~ne. October 24, 1972 HoJlO~aohle Maoyoor - Ootmcilmen 1'be Dubuque Planmng and Zon- ing Commission hac reviewed a requeotby Metz MJ8nulaetur:ing to v,aca,te the public alley ... 01. Elm Street between 16th Street and 17th Street -in the Oily 01. Dubuque, I<>wa. The Commåsion has determined ,thai!: ¡¡is al1ey seI'Ves no useful purpose... 'It pub- lic righi-<>i-oway and has reoomm. eoded that it be ¥aeated in 'llCC0rd- ....., with the request. City il\lamûng and Zoniøg Commi&sion Daniel DÜ!temore DevelopmeDt Planner Councilman Bitter moved tbat the recommendation be received and filed. Seconded hy Councilman Pregler. Gamed by the following vote: Yeas - M'ayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays---.None. ORDINANC'E NO. 57.72 An Ordlno.... for ..Ie end va. coHen of olley lying -- 16th end 17th Streets end Elm end Pine Streets in tho City of Du. buque, low8. presented and read. Coomcilman Pregler moved tbat the readin,g just bad been con- sidered the first reading of the Ordinance. Seconded by Council. man Bittel'. 504 Regular Session, Nove.nber 6, 1972 C"rried hy the following vote: Yea. - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays---.None. CouncilIIWI'n Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Se'conded hy Council- man Bitter. Oa'rried hy the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays--None. Councilman Pregler moved that a public bearing 'be held on the Ordinance on DeœIruber 4, 197~, at 7:30 o'cloc!< P.M. in the Coun- cil Cha'mber at the City Hall and that ,the City Clerk be instructed to publish notice of the hearing in the manner required hy I.... Seconded hy Councilman ,Bitter. CaTried hy the following vote: Yeas - M,ayor Moldenhauer. Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays- None. ORDINANCE NO. 58-71 An Ordinonce a"""'rlzing Fisch. er & Company Inc. to cons~t clock extension, preseD!ted and read. Councilman Pregler moved that the reading just had be considered the first reading 01. the Ordinance. Seconded hy Mayor Moldenhauer. Camed hy the following vote: Yea,s - Mayor Moldenhauer, Councilmen Bit t e r. Jus1Jmann, 'Pregler, Thoms. N"-ys--<None. Councilmen Pregler moved that the reading requiring an Ordinane to be read on three sepa,rate days 'be waived. Seconded by M'ayor Molden'hauer. Carried by the fol- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nay".....None. . .do.t" 0'. a.wou,"" 'hr, of Nowmbe,. A,D,. 1972. W.yoo A. Mo'd",",u" MaYO1" Wltlt", A. P,...., All," T, Thorn, C. Robert MIn""" JDO""" J, Btn., Councilmen ATTEST, Leo F. Fromm." City C"" ACCEPTANCE OF ORDINANCE No. 58-72 und",,'snOd haulns ,... .nd familia, wi" ... ..nns and - - -- ,.No."'" 11.1111' Regular Session, November 6, 1972 505 Councilman Pregler moved final I adoption of 'the Ordinance SUbje, ct I to a'pproval of Railroad Co. to build a spur track. Seconded by Mayor Ml>ldenhauer. Carried hy the following vote: Ye'as - M'ayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Council recessed at 11:15 P.M. Reconvened at It:25 P.M. Petition of Rohert A. SUlli""n by Thos. Schrup attorney, request. ing recla,ssjfication of S. 1-5 of O. L. 476, located at ill2O Locust St., from Multiple Dwelling to a historical and or aTC-IDtectural clas- sifica,tion presented and read. Coun'cilroo'n Bitter moved that the p"tition be set for a puhlic hearillg to be held on November 20th and the Clerk be instructed to publish notice. Seconded hy Councilroon Pregler. Carried hy the following vote: Yeas - M,ayor Moldenhauer. Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays--.None. Petition 01. Lisa Hiammer et al (55 signers) objecting to not being ahle to go trick or treat on Hial- loween when it is da~k, presented and read. Councilman Justmann moved that the p"tition be received and filed. Seconded by CouncilIlWln Pregler. Carried hy the following vote, Yeas - M,ayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler. Thoms. Nays-None. Petition 01. Herh Heitzman of 2475 Cherry St. requesting vacation of an alley from Cherry Street to a!ley between Cherry Street and Green Street., presented and read. Councilman Bitter moved that the petition be referred to the Plan- ning & Zoning Commission and ~. I>econded by Councilman PI'ðgJer. Carried hy the foHowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Petition of Uni\"ersity of Duhuque Seminar of American Political prQCesses requesting permission to use the Council Chamber on De- cember 1, 197~ to conduct a' panel discussion of the Duhuque Fnre- 'way proposal, presented and read. Councilman Bitter moved approval o.f the petition subject to approva,l of the City Manager. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen B; t t e r, Justmann, Pregler, Thoms. Nays-None. Petition of Dubuque Ass'n of the .blind requesting permission to con. duct candy sales during February and MaTCh 01. 19'ffi and further requesting what action has heen taken relative to their request for installation of a sdety traffic ligbt system in "anous pam of the City for the benefit of the blind, p.esented and read. Councilman Bitter moved that the candy sale request he approved subjec<l: to a'p. proval of the City Manager and the light request be referred hack to the Manager and staff. Seconded hy Councilman Pregler. C81'ried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. October 26, 1972 To the HonoraiJle Mayor "nd City Council Re: Wallie Water Trea~ment Fa- cility Phase iii, Contrad I'l B Rebid Our people h8Ne been working with the consultants on the subject project for the past several wee!œ in an attempt to revise the plans and specifica-tions on Contract II B, which includes a cover on the grit and grease basin, required ventilation modifications, odor coD- trol system, flow measuring and sampling devices, and electrical work. We a.re now prepaTed to ~1j1!,St Y°1!1' II,thQlity to Moceed with á rebid on this section. The Dow Chemical Company, the low bidder on Contract n A (cov- e.. on trickling illt«s and primary clarifiers, ,have advised US ill writ- ing thai! they will keep their bid open and unchanged until our re- bidding on Contra'ct IiI B is secured and coDlJr",,¡'¡ can be executed. 1~11~~II~~lllii 006 Regular Session, November 6, 1972 In oroer to foßow the require-- ments of ,the Iowa COOe regarding the rebid and to anow Interested contractors suf!icient time to thor- oughly a..aiyze the project, we would 1ike to schedule bid OP"nlng for December 5, I9'1\!. Work on the project could then eommence shortly after JaoolH'Y I, 19'73. The scheduled <>omp!etion date is Oc. tober 15, 1973. However, all the covering is expeeted to be <>om. pleted by early summer. The detailed elements in..olved in Contract J1[ B ba..e received an Indepth revieIw hy our people and the consultants. The rebid h.. beeo structured to carefully clarify the work to be completed and to present viable alternatives which should stimulate competitive bid,s. We sinœrely believe the bids will be very close to the Engineer's estimalte of $104,000.00. During the bidding period, our englneet's and the consultants will work diligently to generate interest in the program and hopefully se. cure several competitive bids. Your coop"ration on the develop. ment 01. this progra'm is sincerely appreciated and we rerommend the project be approved a,nd hids be talren. ŒJibert D. Cha..enel1e City Manager Councilman Pregler moved that the communication be received 'and filed. Seconded hy Mayor Mo1<ien- hauer. Ca-rried hy the following vote: Yeas - M,ayor Moldenhauer, Councilmen Bit t e r, Juslmann, 'Pregler, TholD5. Nay&-None. ,IIiESOLU1'IOH NO. 334-72 Appro"a! Gf proposed plans, ope- clf!cations, form of 'contract, and all Gther documents, preliminary estimate in the amount of $104,- ðœ, fcIto !lie toIIIItfaètic#l III ""se N waste Ww..- TteMment Facil- ities Contract lJI ß.<Rebid, eonslst- ing 01. .'ltern. at grade iyJM> rov. ers over the grit a-nd gre.... bas- Itu, comp\ete odor control syøtem and required ""ntnatlon modtflc.. lions, required flow me"suring and oampllng devices and electrical -.1<, presented and re&d. CoUDClil. man Pregler moved adoption 01. the resolution. Seconded hy Mayor Moldenhauer. Carried hy the fol. lowing vote: Yeas - Mayor MoldeIlha-uer, Councilmen Bit t e r. Justmann, Pregler, Thoms. Nay&-Noœ. ItESOLUTIONNO. 335-72 WIHER:EAS, proposed ,plans, spe- cifications, form 01. eontract ha-"" been duly prepared a.nd approved hy the City Council of the CIty 01. Dubuque and are now on file In the o£fice 01. the City Clerk showjng among other things the following: 1. An estimate 01. the cost of the proposed improvements for - PHASE 11- WAS'l1E WA'l1ER TREATMEINIT ~ - CON'l'RAOT II B- TIùs <>ontmct consists 01. alter. "a-Ie at grade type covers """ lbe grit and gre..... hasins, com. plete odor control s,.,rem and re- quired ventilation modifications, required flow mea'suring and """'- piing devices, and electrical work. BE lIT' THEREFORE 00- SOINI!ID that the City Council on its own motion or upon p"tition of property owners, deems it ad. vis"bh> and neees&ary for \he puh- lic weJfare to malœ the hereln- mentioned improvemeDt, and un. less prop"rty owners at the time of the final consideration of this proposed resolntion ha¥e on file W!Ìth the City Clerk objections to the amount of the oost of improve- ment, they shall be deemed to have ....,;,yed an objections there. to. Said imp.......ment shall be con. strooted and done In a","orda-nce with the pl81I8 end _Iftcatlons which have been prepaored. there- fore hy the City Engineer which ba..e been approved by the CIty CoDlld1 aDd ..... now OR file wltIh ItiI! Cfbo' CIefIt.' 'rIìattlie - aDd expense 01. making .aid improve- ment wiI:l be paid kom the Sln- itation Sewa'ge Rental Fund ami a- Federal.ßtJa-te GNnt. The a'hove resolution was intro- duced, 8I!Iproved, and ordered placed on file with the City Clerk this 8th day of November, I9'1\!. Regular Session, November 6, 1972 APProved and placed on file for final action. AJPPROViEID: !Wayne A. MofdenJb.auer Mayor Walter A. Pregler Allan T. Thoms C. Robert J,ustmann Jooeph J. Ritter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved a-p. proV'a! of the resolution. Seconded Attest. hy M,ayor Moldenhauer. Carried Leo F Fro, It hy the following vole: .' mme Yea's - M'ayor Moldenhauer, ç't~ Clerk Councilmen Bit t e r Justma:nn Councilman Pregler l11A>Ved adop. Pregler Thoms' , tion 01. tbe resolution. Seconded Nay':'None. . by Mayor ~oldenhauer. Carried by the foUowmg V<>te: ORDE'RING CONs'T'RUCTION Yeas - Ma'yor MoldeIlhauer, RESOLUTION NO. 336-72 CoUD<:ilmen Bit t e r, Justmann. HIE lIT' lIlESorNED BY THE Pregler, Thoms. CITY OOUNOlrL OF 'l1HE CITY Nays-None. OF DUIBUQUiE that pursuant to (Ji'IXJNG DATE OF HEARiING) a Res?lution 01. Necessity No. 335- RESOLUTION NO. 337.72 7e wl1!ch was duly PIl\SSed hy tbJis WHElRlÐAS, the City Council 01. Council for .tnr.~ the City of Dubuque, Iowa- has W~Ë:W","~ given its preliminary "P!,rov~l on TRiEAfl1MENrr FAOJJLIrrw.s :~ ~:~ ~~';;;..;;"",=c~~~':i - CONTlIACT II B - oame on 1'ile in the o£fice of the REBm> City Clerk for public inspection This cowad consists 01. aUer- - PHIASE - If "ate at grade ty,p" covers over \\1AS'l1E WATER the grit and grease basins, com-TlIiEA/])MENT FACILITIEs pIete odor control syatem a.nd re- -C 0 N T R ACT rlB- quired ventilation modifications, R>EBLD required flow measuring and sam. This contr,act consists 01. aIter- piing dewees, and electrical work. nate at grade type covers Gvcr he and \he oame are bereby or- the grit and grease basins, com. dered and eonstructed hy this plete odDr control system and re- Council upon its own motion and quired ventilation modifications, with or wi4hout the P"tition of prop- required flow measuring and sa'm- erty owners. All the work shall piing devices, and electrical work. be constructed in accordance with BE 1'1' ~ RiESOIN- the plans and opecifieatloœ h~ Em that on the 20th day of No- fore a~opted and n?w on file m vemher, 1972. a puhlic hearing wj]J the oftice 01. the City Clerk. be held at 7:30 p.m. in the Council BE lIT' FURTH:ER R'ESOLVED Cha~ 01. tile (:itfot Dubuque that the COlI and - of the aIt wMèIt tlm6- 1fIe ob1èctorir for saidÍlnlio~ be þafd from the proposed improvement may ap. the Sanitation Sewage Rental Fund p"ar and make objeetion to the and a Federal-State Grant. proposed plans and sp"cificatiGns BE IT ~R RESOiIJVœ:íD a'nd proposed form of cGntr..,t, tbat the CIty Clerk he and he to the ClOSt ol the improvement is hereby GnleN!d and directed 00 and Ihe City Clerk he and he advertise for proposals for the I is hereby directed to cause a no- con struction of the ".rious im. tiœ, of the time and place of such pro""ments herein provided for In hearing to he 'PUblished In some the manner P1'OV!Ided by law. newspap"r pu,blished In the City 007 BE lIT' F'UIR'l1HÐR RESOLVED that this resolution being deemed urgent and of W'MEDMrrE NEe- :ÐSSI'I'Y sball he In force and ef- fect from and aUer its passa'ge and adoption hy the CIty Council. Pa'SSed, adopted and approV'ed this 11th day of November, 1m. Wayne A. Molden.haer Mayor Walter A. Pre¡!er .man T. ThoIlllS C. Robert Justmann Josepl1 J. Bitler Councilmen IIIIII!!I~I~II 508 Regular Session, November 6, 1972 of Duhuque which shall be not less than ten (10) days prior to the day fixed for its consideration. and said Clerk is further instructed to advertise for proposals for the construction of the aforementioned improvement. Passed, adopted and approved this 6th day of November, 197~, Wayoe A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter C<>uncilmen Attest: Leo F. Frommelt City CleI1k Councilman Pregler moved adop- tion of the resolution. Seconded hy M,ayor Moldenhauer. Carried hy the following vote: Yeas - Ma'yor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. November ~, 1972 To the Honora'ble Mayor and City Council This is to adViise you that the City of Dubuque 197~ Mphalt Pa,v- ing Project No.1, except Univer- sity Avenue, has heen completed in accordance with the City of Dubuque plans and specifications. I, therefore, recommend the a'c. cepia""e of tbe a'hove named pro- ject, Gilhert D. Chavenelle City Mana'ger Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Thoms. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, 'Pregler, Thoms. Nays - None. FINAL EsT,IMATE RESOLUTION NO. 338.72 WiH:EJREAS, the contra,ct for the City of Dubuque 197~ Mphalt Pav. ing Project No. I, Except Univer- sity Menue 1. Duhuque Floodwall Streets 2. ])agle Point P,ark Roadway 3. Hillcrest Road - from the W.P. L. of Carter Road to the W.P.L. of Lot 10 of Block 11 of Hillcrest Heigbts. 4. John F. Kennedy Road - Wi- dening Lanes at Pennsylvania Ave. nue bas been completed and the City Engineer has submitted his final esUmate showing the cost thereof including the cost of estimates notices, inspection, and preparing the assesment and plat, now there. fore, BE Irr RESOLVED, by the City Council of the City of Duhuque. That the cost of said improve- ment is hereby determined to he $122,296.30. That $l,655m of the cost there. of shall be a'ssessable upon pri. vate property and $120,640.53 shall he paid from the Floodwall Bond Issue 96,385.86-æ Park Board E,a. gle Pt. Rd. 8,129.84-20 R.U.T. Fund 1.6.124.83.œ 01. the City 01. Duhuque, Passed, adopted and approved this 6th day 01. November, 197~. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City CleI1k Councllman Pregl"" moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Na,ys - None. (A Resolution Accepting I,mpro.... ment and Directing the Clerk to Publish Notice.) RESOLUT,ION NO. 339-72 WiHEJREAS, the contract for the City of Duhuque 1972 Asphalt Pav- ing Project No.1, eXiCept Univer- sity Avenue. 1. Duhuque Floodwall Streets 2. E'a,gle Point Park Roadway 3. Hillcrest Road, from the W. P. L. of Carter Road to the W. P. L. of Lot 10 01. BJook 1!1 of Hillcrest Heights. 4. John F. Kennedy Road, Widen. ing lianes at Pennsylvania Avenue. has been completed and the City Manager has ex..mined the ,woI1k and filed his certifica,testating that the same ha's been completed ac- col'ding to the terms of the con. Regular Session, November 6, 1972 t':a'ct, pl..ns and 'p"cifications and recommends its a'cceptance, now therefore, BE IT RESOLVEID, hy the City Council of the City of Dubuque, tha,t the recommendation 01. the Ci,ty M'ana'ger be approved and that said improvement he a'nd the same is herehy accepted and the City Engineer be and is herehy directed to prepa're a plat and schedule showing the lots or par- cels of rea1 estate suhject to as. sessment for said improvement and ffle the s"me in the office of the City Clerk subject to puhJic inspection and said Clerk shan up- on receipt 01. such plat and sche. dule publish the notice of the Coun- cil's intention to levy special as. ses'sments therefor, as required by la,w. I BE Irr FUR'l1HiER RIESOLVEID that the City Treasurer, he and he is hereby directed to pay to the contractor from the funds to ,he realized from the sale 01. street improvement honds issued upon the a'hove d"",ribed improvement in amount equal to the amount of his contract, less any retained percentage provided for therein. .Pa:ssed, adopted and a'pproved this 61ib day of November. 1972. W'ayne A. Moldenhauer 'Mayor Waiter A. Pregler Allan T. Thoms C. Robert Justma'nn Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Y,e'as - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays - None. RESOLUT,ION NO. 340.72 Authorizing tho reedvertl.ing of certain uri3an renewar land under the fixed-price competition method WHEREAS, under date of Au- gust 4, 1969, the City Council adop. ted Resolution No. 246.00 approving the fiJred.price competition method for offering certa,in land in the Downtown Urban Renewa1 Project. 509 Iowa' R"15, for redevelopment hy private redevelopers; and WHEREAS, pursuant to said re- solution a propOs,ai for the pur. chase and redevelopment of a por- tion of the land so advertised was recei,ved from Canfield Hotel, Inc.; and WlHEiREAS, alfter a puhlic be..r- ing and a'cceptance of the afore- mentioned proposai hut prior to deJive,ry 01. a deed, the City Coun- cil concurred in the request of Galllfieid Hotel, Inc. to withdraw their proposal and to receive a refund of their deposit; and WHiEiREAS, a:!ter a' public hear. ing a resuhmitted proposai for the purchase and redevelopment of the said la,nd ,by Canfield Hotel, Inc. ha's been accepted by the City Council subject to the concurrence of the Dep..rtment of Housing and Urban Development; and WŒlERœ:AS, the Department of HOusing 'and Urhan Development has requested that due to the re- suhmission 01. a previously sub. mitted and withdrawn Proposa:l by the same o«eror and the la'pse of time sinoo the original puhlic offering 01. the said land, that the land involved be readverti-sed to assure fun puhlic disclosure and knowledge of the p"nding trans. action; now ther<Jfore BE Irr RiESO!INEJD BY THE OITY COUNiCIL OF THE OITY 0iF DUBUQUE, IOWA: Section 1. That the documents p"rt..ining to a' proposed Fixed- Price Comp"tition offernn'g 01. a certain parcel 01. real esta,te set forth in such documents, a copy of which documents are made a pa"'¡ hereof and filed of record in the Office of the City Clerk and as they may be re,vised as necess'ary to comply with the re- quirements 01. the Department of Housing ..nd Urban Development. are hereby approved. Section 2. That the Fixed'Price Competition method of offering cer. tain land for sale for redevelop. ment hy private developers is the appropriate method 01. making the land availahle for redevelopment. Section 3. That the price for the disposal 01. said parcel includ- ed in the proposed offering has been determined to 'be not less 510 Regular Session, November 6, 1972 than the ~air price for the lam for uses in accordance with the Ul1ban Renewal Plan and saM prices are hereby approved. Section 4. That the City Miana. ger and the Direct.or of Urbsn Renewsi be and aTe hereby author- ¡zOO and ddrected to proceed with the proposed disposal 01. the parcel set forth in the attached documents in accordance with the proposed disposal procedure and all other ~lica!Jle requirements. Section 5. That the City Clerk he ",nd he is hereby authorized and directed t.o ""hUsh "In¥Ìt&'- tion for propotialsn for the sale of certæin parcel of real estate, in the form of Exhibit "An at- tlæhed herelo am made a put hereof. Passed, a~ and adopted Ibis 6tb day of Novemher, 1!172. 'Wa'yDe A. MoJd""""'er ¥&yot Wsiter A. Pregler Allan T. 'l1ho1Dll C. Robert Justmann Joseph J. Bitter Councilmen -: Leo F. F'rommea City Clerk ¡'NY,ITATION FOR P,ROI'OSALS The City of Dubuque, Iowa, in- me.. propotlals for the purchase and red.,.-.elopmeDt of property in the Downtown Urban Ren_a! Pro- ject, Iowa R.15. The parcel 01. Jand a..ailable for sale is located in the block bounded by Fourth Street on the south, Iowa Street on the west, Fifth Street on the north and Central Aivenue on the east. The parcel ts identified as follows: Pa-rcel No., 3-<1, Apprœ<imate Squ- Feet, 3,'IIIl.Ð7, \hie, Coon- merciù Services. South 65 Feet 01 i"arœi H, Alp- proximate Squaore Feet, 10,336.876, Use, Commercial Seœ¥icea. ~-tA> fpaJ ~, Full mformation, instructions, and bid d<>cuments needed t.o pre- pare proposals may be obtained hy ~ $10.00 with the De. partmeDt 01 Øou8iDog " BedeveI.op- ment, Fischer Building, Duhuque, Iowa, for each set of documents. Each such deposit shall be refund. ed ;¡ the Documents are returned in good CODdition -bin 30 day. aiter hid opening. All proposals must be received at the ofifice of the City Clerk City Bail, 13th Street and Centrai AAoenue, Dubuque, Iowa, no la,ter ,than 10:00 A.M. ŒT on December 8, ¡g¡e, a<t which time aU hids will be ""hUcly opened and read in Counoil Chambers. Each proposal must be II'CCOm- panied hy a good faith deposit in the form 01. a certified check or bank dralt pay"ble to the City of Dubuque, or a oatisfact.ory hid bond, in an amount equ",l to 10% of the II'mouøt 01 the all.er. A good faÏth deposit is not re- quired with tbis proposal. submis. sion if the redeveloper ts a' DOn. profit corporation, 'a limited divi. dend corporation or a coop"rative. Additional mtormation concern- ing the City 01 DulJuque's La'nd M",rlœting Progr",m for the Urban Re~ P,roject m,ay he obtained ,from Gent M. WitteDberg, Director 01. the Department 01. Housing ",nd Rede¥elopJDeDt. Leo F. F'romme!t City CIeri< Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor MoJdenhauer. Carried by the following vote: Yeas - Mayor Moldenbauer, Councilm<>n Bit t e r, Justmann, Pregler, Thoms. Na'ys - None. RESOLU1IION NO. 341.72 BE ill' RESOIlNED by the City c"uncil 01. the City of Dubuque, low"" that the following ba'ling compJied with ,the provisions of ~ relaJtin.g to the saie of Ci- garettes within the City of Du- huque, Iowa" be granted a p"rmit 110 seli. Cigarettes and Cig....- pa,pers within oaid City. Jo",n R. Murphy, 1001 Ce..wM Ave- nue Marip. J. ßrj4g,.,,(,'.\1I'Z=; þ-om 2œ8 Oeírtftt A~:, ... 12- 4--1'Z), 1211 Locust Street Ray Fleckenstein, 3Z'I5 Central Aivenue American bel<, Inc., 256 J. F. Kennedy Road BE rr FURTHER RESOLVED tha.t the bonds filed with the &Jp- plicatWo he approved. Regular Session, November 6, 1972 Pa,ssed, adopred and approved named applicants and they h8lVe this 6th day of Novem'her, 19m. received the approva'l 01. this Coun- Wayne A. Moldenhauer cil; and M,ayor WiHERIEAS, the premises to he WlI'lter A. Pregler occupied hy such applicants were Allan T. 'I1homs inspected and found to comply with C. RoheJt Justmann the ordinances of this City and JOesph J. Bitter they have filed prop"r honds; Councilmen NOW 11HEREiFOR:E BE ill' RE- SOiLVæID hy the City Council 01. the City 01. Duhuque, Iowa, tha,t the Manager be authorized to cause to be issued to the following named applicants a' Beer p"rmit. OLASs "'B" BEE'R PE'RMIT Marian Juanita Bridge, 100 lJocust Street OLASS "C" BEEiR PERMIT Nash Finch c"mpany, 190 J. F. Kennedy Road BE ill' F'Ul!Il1HER RiESœJVED that the bonds filed hy such ap- plicants he and the same are here- by approved. 'Passed, adopted and approved this 6th day 01. November. 1972. W..yne A. Moldenhauer !Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop. lion 01. the resolution. Seconded hy Councilman Pregler. Carried by the following N"ote: Yeas - M",yor Moldenhauer, Councilmen Bi t t e r, Justmann, Pregler, Thoms. Nays - None. RESOLUTION NO. 342.72 WIHiEIl!iEAS, 81>plications for Beer p"rmits have been submitted t.o this Council for ",pprov,aI and the same haN"e been examined; NOW 'l1IIiEJRÆJFOR:E BE Ir1' I!iEJSOINEID by the City Council of the City 01. Duhuque, Iowa, that the following applica- tions be granted and permits issued upon the compliance with the terms 01. the ordinances oJf the City. C'LASs ",a" aE E,R PERMIT Miarian Juanita Bridge, 100 Locum Street C,LASS "C" BE'E'R PE'RMIT Nash Finch Company. 190 J. F. Kennedy Road Passed, adopted and "'pproved this 6th d",y 01. November, 1972. Wayne A. Moldenhauer M'ayor Waller A. Pregler Anon T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Atbest: Leo F. F1rommelt City Clerk c"uncilm'an Bitter moved adop- tion 01 the resolution. Seconded hy Councilman Pregler. Oanied hy the following vole: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann. Pregler, Tooms. NaYlfl - Nolle. RESOLUTION NO. 343.72 ~, appHcations for Beer p"rmils were filed by the withIn 511 Attest: Leo F. Frommelt City Clerk Oouncilman Bitter moved adop- tion of the resolution. Seconded hy Councilman Pregler. Carried ,hy the following vole: Yeas - Mayor Moldenhauer, Oouncilmen Bitter. Justmann, Pregler, TholDS. NaYlfl - None. ,R,ESOLUT,ION NO. 344-72 WHEREAS, applications for Li- quor licenses have been suhmitted to this Council for approval and the same hlWe been examined, NIOW 'l1HEiREFORE BE IT RE- SOLVEiD by the City Council of the City 01. Duhuque, Iowa, that the following appliealtions he graut. ed MId IIceDMs iJoued npon the œmpllance with the rerms of the IOWA LIQUOR OONTROL ACT~ GH'A!PI1EB 131~s amended by the 00h General Assemhly, 1971. OLASS "C" lCOMME'RCIM.) aE,E'R & LIQUOR LICENSE John F. Glynn, 760 East 16th Street William R. Joth",m, 2IiIWI Jackson Street III~IIIIIIIII.I 512 Regular Session, November 6, 1972 Passed, adopted and approved R,ESOLU1!ION NO. 346.72 this 6th day of November, 197~. WŒiEiREJAS the City Council of Wayne A. Moldenhauer the City of Dubuque Iowa, adop- Mayor ted R..soluoon No. 2Ij3..7~ on Au. Walter A. Pregler gust 7, 1972 that the City enter Allan T. Thoms into a cooperative purchasing pro. C. Robert Justmann gram with Duhuque County Iowa Joseph J. Bitter and the Dubuque Community and Coon~ilmen Western Dubuque County Com. Attest: munity School Districts for the pur. Leo F. Frommelit chase of items commouly used by City Clerk all agencies. Councilman Bitter moved adop- WIHEiRJE,AS 'l1RE purchase of va- lion of the resolution. Seconded rious items commonly used by a'! hy Mayor Moldenhauer. Carried agencies is now heing considered. ,by the following vote: BE lIT RESOLVED that the City Yeas - 1OOyor Moklenhauer. Clerk be and he is herehy au. Councilmen Bit t e r. Justmann, thorned to sign, along with the Pregler, Thoms. other public agenci..s involved, for Nays - None. the receipt of proposals or notice RESOLUTION NO. 345-72 to hidders, on beha;¡¡ 01. the City WIlJiE)REAS, applica.;;ons for Li. of Duhuque, for the purc~ase of quor licenses were filed by the ~asoline, d,esel fuel, he~ting oil, within named a,pplicants and they v:anous lulmcants and light and have received the appro"a! of this hea"Y duty tires. Council, and Passed, adopted and a'pproved W!HE,REu\S, the premlÌses to be this 6th day of Novemher 1972. occupied hy such a'pplicants were Wayne A. MoJdenhauer inspeoted and found to comply with M'a'yor the State Law a,ndall City or- Wa}ter A. Pregler dinances relevant thereto and they Allan T. Thoms have filed prop"r bonds, C. Robert Justmann NOW 'l1HEREFORE BE lIT RE. Joseph J. Bitter SOINED by the City Council of Councilmen Duhuque, Iowa, that the Manager Mtest: he authori2.ed to cause to be is- Leo F. Frommelt sued to the following næmed ap- City Clerk plicants a Liquor license. ., C:LASS "C" (COMME:RCIAL) . Councilman BItter. moved adop- BEER & LIQUOR LIC:ENSE bon of the resohJtlon. Secon~ed John F .GI1ynn, 7IJO ,Ea'stl6th Street by M,ayor ~oldenhauer. Carned William R, Jotham 2987 Jackson ,by the followmg vote: Street' Yews - M~yor Moldenhauer. Passed adopted and approved Councilmen B' t t e r, Justma'nn, this 6th' day of November, 1972, Pregler, Thoms. Wayne A. Moklenhauer Nay's - None. Mayor Communication of Mayor's In. Wlælter A. Pregler dustriæl Comnrl<tee submitting a Allan T. Thoms proposal of purchase of 1.62 acre, C. Robert Justmann in Block 6 Riverfront Sub. No. Joseph J. Bitter 3 from Key City Plating Com. Councilmen pany, at æ price 01. 20 cents p"r Aittest: square foot for a total of $14,113.41. Leo F. Frommelt presented and read, City Clerk Councilman Bitter moved that Couneilman Bitter moved adop- the communication be referred for tion of the resolutÌon. Seconded proper proceedings. Seconded hy by M'ayor Moldenhauer. Carried Councilman Pr.eg!er. Carried hy hy the following vote: the following vote: Yews - Mayor Moldenhauer, Yea's - M,ayor Moldenhauer, Councilmen Bit t e r, Jnstmann, Councilmen Bit t e r, Justmann, Pregler, Thoms. Pregler, Thoms. Nays - None, Nays - None. Regular Session, November 6, 1972 RE,sOLUTION NO. 347.72 Confirming the appointment of members of the Low.rent Housing Commission of the City of Du. buque, Iowa W!HEREc-\S, on the 17th day of August, 1970, the City Council of the City of Dubuque. Iowa, adopted Resolution No. 244-70, electing to exercise the powers contained in Chapter 400"", of the Iowa Code of 19\;6, as amended, hy the City Council of the City of Dubuque. Iowa, and by s.aid City Council through a' Board of Commissioners to the extent of the authority grant- ed said Board by said City Coun. cil; aud W!HE'RE.AB, on the 1st day of Fehruary, 197,1, the City Council of the City of Dubuque, Iowa, adopted Resolution No. 36.71 amending said Resolntion No. 244. 70 increasing s'aid Board of Com. missioners from five to seven memhers; and WHEJREAS, the Mayor of the ~~;O]':ti~nUb~~~e2~~~su::d %'., s~~~ I solution No. 36-71 has appointed memhers to the Low-Rent Housing Commission of the City of Du- bnque; now therefore BE IT RESOLVEÐ BY 11HE CITY OOUNOEL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the action of the Mayor of the City of Duhuque, Iowa. in appointing James W. Grant to "",ugust 17, 1974. Robert P. Odden To August 17, 1974. Donak! R. Meyers To August 17, 1974. Virginia M. Perry To August 17, 1974. as Commissioners of the Low-Rent Housing Commission of the City of Dubuque. Iowa, is herehy ap. proved and the appointment of said Commissioners is herehy confirm- ed hy this City Council for the period designated in the Certifi- cate of ~ppointment of Commis. sioners now on file in the office of the City Cierk. Passed, approved and adopted I this 6th day of November, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Jllian T. Thoms 513 C. Roh<mt Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded hy Councilman Bitter. Carried hy the following vote: Yeas - Mayor Moldenhauer, Conncilmen Bit t e r, Justm,ann, Pregler, Thoms. Nays - None. Communication and telegram from Governor R;ay and his ad. ministrative Assistant acknowledg- ing receipt of resolution regarding the location of a second Iowa State Liquor store in the City, presented and re'ad. Councilman Bitter moved that the communication and telegram be received and filed. Seconded hy Councilman Jus t. malln. Carried hy the following vote: Yews - M'ayor Moldenhauer, Councilmen Bit t e r. Justmann. Pregler, Thoms. Nays-None. Communication of the University of Iowa advising that the Orphenm Theatre Nationai Register 01. His- toric Plæces Inventory-nomination form bas been approved for no. mination to the National Register of Historic Places and the forms hacve been submitted to the keep. er of the Nationa! Register of His- toric Pla:ces for his approV'al, pre. sented and re,ad. Councilman Bit. ter moved that the communioa. tion of the University be received and filed. Seconded by Council. man Justmann. Carried hy the fol. lowing rote: Yeas - Mayor Moldenhauer. Councilmen Bit t e r, Justmann. Pregler. Thoms. Nays - None. Communications of M,ayor Mol. denhauer suhmitting his weekly reo ports. dated October Wth and No- vember 5th, presented for filing. Councilman Bitter moved that the reports be receicved and filed. Se- conded hy Conncilman Justmann, Carried by the following vote: Ye,as - Mayor Moldenhauer. Councilmen Bit t e r, Justmann. i P~:;":, - Th~:::.~ 514 Regular Session, November 6, 1972 Special Session, November 13, 1972 515 CITY COUNCIL There heing no further business Councilman Pregler moved to ad- journ. Seconded hy Mayor Mol. denhauer. Carried by the following vote: Ye"s - M'ayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays - None. OFFICIAL ¡¡pecõal "'8ion, November 13, 1972. Council met at 7:30 P.M. (CÆ. T.) Present - Mayor Moldenhauer, Coumilmen Bitt e r, Justmann, Pregler, Thoms. City Manager Gil. bert D. Chevenelie. Mayor Moldenhauer read the ."ll and stated that service thereof had been duly made and this meeting is calloo for the propose of levy. ing assessment. to pay for the cost of constructing tho Liebe Street Sanitary Sewer and acling upon such other husiness as may prop"rly come heiore a regular meeting 01. the Council. Communication of Iowa Stare De- partment of Hea-lth approving the sandtary and functional fea.ures for construction 01. Pari!: Hill Feeder M"in exltension and Water Plant Modernd:r;ation Notice #72,l1O1W, presented and read. Councilinan Pregler moved that the communi. ca'tion he reœivoo and IDed. Se- conded hy Councilman Bitter. Car. ried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justm,ann. Pregler, Thoms. Nays-None. Communication of A s s Mant M'anager Fischer 'sulbmitting a cost estimate 01. $2600. for remodeling to accomodate the organization Òf the Finance DepartmeDt, on the first floor of the City Hall, pre- sented and read. Councilman Preg- ler moved appro...l 01. the pro- ject. SecondEd hy Mayor Molden.- hauer. Damed byibe folJDwdng vote: Yeas - Mayor Moldenbauer, Councilmen B; t t e r, Justmann, Pregler, Thoms. Nay,s - None. November 7, 1972 Approved ....................................1973 Adopted ......................................1973 Councilmen Attest: City Clerk Hon. Mayor and City Council On Septemher 111, 1972, Peter R. Timmerman of lOOØ Lincoln Avenue, this city, IDed cladm "gainst the City of Duhuque in the a'mount of $400.00 and alleging said damages occurred to the ba'se- ment of his home at said address and to personal prop"rty stored therein a,s the result 01. a sewer hack up on August 2, 1972 and September 12, 1972. This matter was reierred to the appropriate City Agency who made an investigation thereof and re- ported to this olfice ,hy letter of no action"ble negligence on the part of the City and in view of the foregoing, it is the recommen- dation of the City Attorney that the claim of Peter R. Timmer- man he denied. Original cl"im is returned here- with. R. N. Russo City Attorney Mayor Moldenhauer moved ap. pro"a! of the recommendation. Se. conded by Councilman Thoms. Ca'r- ried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann. Pregler, Thoms. Nays - None. Novemher 7, 1972 Hon. Mayor and City Council On September 18, 1972, Kenneth Kunkel 01. 1970 I..incoln Avenue, this city, filed claim against the City of Duhuque in the "mount of $587.95 and alleging said da- mages occurred to the basement at said address and to p"rsonal property as the result of a sewer back up on August 2, 1972 and again on September 18, 1972. This matter was reierred to the appropriate City A:gency who made an investigation thereof and re- ported to this office by letter of no actionahle negligence on the part of the city and in view of the foregoing, it is the recommen- dation of the City Attorney that the cl"im of Kenneth Kunkel he denied. Original claim is attached here- to, R. N. Rus'so City Attorney Mayor Moldenhauer moved ap- pro"al of the recommendation. Se- conded hy Councilman Thoms. Oar- ried hy the following vote: Ye"s - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. 516 Special Session, November 13, 1972 November 7, 1972 conded hy Councilman Thoms. Car. Hon. M'ayor ried hy the following vote' and City Council Yeas - Mayor Moldenhauer On September 19, JJm, Richard c<>uncilmen Bit t e r, Justmann', A, Meyer of 2OB5 Roosevelt Street, Pregler, Thoms. this city, filed claim against the Nays - None. City of Dubuque in the amount of $425.00 and alleging said da. November 6. 1972 mages occurred on August 2 1972 Hon. Mayor and Septemher lJ, 1972 as the re- and City Council suit of a sewer backup. On September 7, JJm, Kathryn This matter wa,s referred to the Mary Gra,bow of 2615 St. Anne appropriate City Agency who made Drive. this city, filed claim against an investigation thereof and re- the city for damages in the amount ported to this o£fice hy letter of œf $35.00 and alleging said dama,ges no actionable negligence on the occurred on Septemher 1. 1972 at part of the City and in view of or nea'r U60 So. GrandvieM' as the foregoing, it is the recommen the result of striking a rut in dation œf the City Attorney that the street and causing a tire blow the claim of Richard A. Meyer out. be denied. This matter w,as referred to the Origina! claim is returned her City Attorney who has made an with. investigation of s,aid matter and R: N. Russo conferred with the cl:Ümant, who City Attorney has made an offer of settlement Mayor Moldenhauer moved ap- of said cla~m. in the amount of proval of the recommendation. Se- $20.00, and It IS the recommend, conded by Councilman Thoms. Car. iton of the CIty Attorney tbat said ried by the following vote: oller of setJtle~ent he accepted Ye'a,s - Mayor Moldenhauer. and that the City AudItor he in- Councilmen Bit t e r Justmann structed to draw a warrant pay- Pregler Thoms' ' able to Kathryn MaTY Grabow in Nays' - Non~ the amount of $20.00 and to trans- . mit same to the City Attorney November 7. 1972 for delivery upon receipt of dul executed releases. Original claim is returned here, with, Hon. Mayor and City Council On September 18, 1972, J'ames F. Denman of 243 N. Booth, this I city, filed claim again'; the City of Dubuque in the amount of $222.60 and alleging said damages occurr. ed to personal property stored in his basement at said address and costs <>f cleaning up the hasement as the result of a sewer hack up on August 2, 1972 and Septem- her 13, 1972. This matter was referred to the a,ppropriate City Agency who made an investigation thereof and report. ed to this office by letter of no actionable negligence on the part of the City and in view of the foregoing, it is the recommendatior of the City Attorney that the claim of James R. Denman be denied Original claim is returned here- with. R. N. Russo City Attorney Mayor Moldenhauer moved ap. proval of the recommendation. Se- R. N. Russo City Attorney Mayor Moldenhauer moved ap- prova! of the recommendation. Se- conded by Councilman Thoms. Car. ried hy the following vote: Yeas - M,ayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. 'C<>mmunication of E. D. Fors- lund submitting a review of his former car damage claim in the amount of $17UJ9, which cla'im has been denied by the City Attorney as no negligence on the part of the City, said claim was the re- sult of driving into an open ditch in N. Grandview Ave. on Septem- ber 11th, presented and read. Coun- cilman Pregler moved that the communication be referred to the City Attorney for further investiga- tion and report. Seconded by Coun. Special Session, November 13, 1972 ci!man Thoms. Ca'rried by the fol. lowing vote: Yeas - Mayor Moldenhauer, CouncÜmen Bit t e r. Justmann. Pregler. Thoms. Nay,s - None. Communication of City Attorney suhmitting proposed form of lease and Invitation for Bids regarding the vacaut City Garage at 14th and Elm streets, presented and read. Mayor Moldenhauer moved approva,l of the lea'se and instruct- ed the City Clerk to publish no- tice of receipt of hids on Decem. ber 4, 1971! up to 10:00 A.,M., Se- conded by Councilman Pregler. Carried hy the follOlWing vote: Yeas - Mayor Moldenhauer, C<>uncilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. November 10, 19'12 110 the Honorable Mayor and City Council Presented for your consideration is an amendment to the Tra££ic Code which has to do with park. ing in downtown alleys. The effect of the ordinance is to prohibit parking in the alleys except for the loading and un. loading 01. vehicles attended hy a driver. Tllis regwation is necessary be. cause vehicles pa'rked in the alleys have made it impossible to serve the area, deliver goods, or permit the movement of fire equipment. Also presented is an amendment to Schedule VH. This is a li'st of the a!leys alJfected by the park- ing regulation. The amendment de. scribes the alleys in the pedestrian- way area. I recommend these ordinance amendments. Gilihert D. Chavenelle City Manager Couneilman Pregler moved that the communication be received and filed. Seconded hy C<>uncilman Tboms. Carried hy the following vole: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann. Pregler. Thorn.. Nays-None. Councilmen p"egler moved tlrat the rules be suspended in order to let anyone present address the Council if they so desire. Seconded 517 hy Mayor Moldenhauer. Ca~ried by the following vote, Yea's - Mayor Moldenhauer. Councilmen B i tte r, Justma,nn, Pregler, Thoms. Nays-None. Police Chief Robert O'Brien and Fire Chief Robert Dunphy Address- ed the C<>uncil as to the traffic and safety problems being encoun- tered hy vehicles parking in a!. ieys. and suggested various ways (}f overcoming the problem. An Ordina,nce Amending Ordi. nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended hy rep"aUng section 16.30 thereol. and enading a new section 16:30 in Heu thereof to regulate the parking of motorve. hicles in the alleys enumerated in Schedule \'N. was presented and read. Councilman Bitter moved that the proposed ordinance be referred to the next meeting. Seconded hy Councilman Justmann. Carried hy the following vote: Yeas - Mayor Moldenhauer, CouncHmen Bit t e r. Justmann, Thoms. Nays - C<>uncilman Pregler. An Ordinance a,mending schedule WI! of Ordinance No. 33.4/J known as the "Traffic Code of Dubuque. Iowa" to provide that when signs are erected giving notice thereof, no person shan stop of park on any of the following alleys or por- tions of alleys, hereinafter desig- nated, unless actually engaged in taking on or dis,charging p"rsons, goods or merchandise eJ<cept those motor trucks designed for the pri- mary purpose of carrying live- stock. merchandise or freight 01. any kind may park in said alleys for one period of not l<mg,er than two hours, presented and read. Councilman Bitter moved that the proposed ordinance he referred to the neJ<t me,eting. Se'conded by C<>uncHman Justmann. Carried by the following -: Yea,s - May,or Moldenhauer, Councilmen Bit t e r, Justmann. Pregler, Thoms. Nays - None. November 10. 1972 Honorable Mayor and City Council At the request of the Chief 01. Police of the City of Dubuque, i!I!lllllllllilll~~ill 518 Special Session, November 13, 1972 Special Session, November 13. 1972 519 I am tendering an amendment to the Beer Ordinance governing the prohibition of films in ta'verns. This Ordinance is intended to prevent the disp}ayÌDg or showin,g of sexy items in taverns. This Ordinance c 0 ntemp1a1tes prohihiting what was attempted in CedaT ßapids and other cities. I find no constitutional limita. tions or violation 01. any consti- tutional rights under this ordinance since it applies to Class "B" p"rmi- tees, which you ha,ve a legal right to regulate by reason"h1e regula. tions. In other words, a beer p"r- mitee does not and cannot claim the s"me degree of constitutional privilege, right and immunity as does any other individual. Accordingly, I recommend the Amendment for your favoraiJle considera,tion and adoption. R. N. Russo City Attorney Councilman Bitter moved that the communication he received and filed. Seconded hy Councilman Pre- gler. Carried hy the following vote: Yeas - Mayor Moldenhauer. Councilmen Bit t e r, Justmann, Pregler, ThOD1O. Nays--None. ORDINANCE NO. 59.72 An Ordinance Amending Ordinance No. 46-72 by repealing Section 19 thereof and enacting a new section 19 in lieu thereof to prohibit the displey on the premi... of a clMS "8" permit Holder of moving pic. tures, slides, or other film depic. tlon projected unto a screen 0' other surface and by repeeling section 26 thereof ane! enacting a now section 26 in lieu thereof to provide for penolty for violation hereof, presented and read. Oouncilma,n Justmann moved tha,t the reading just had be con- sidered the first reading 01. the Ordinance. Seconded hy Council. man Bitter. Ca-rried by the foll- owing vote: Yea" - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thom". NaYs>-None. Councilman Justmann moved that the ordinance be referred to the Council meeting scheduled for November 20th. Seconded hy Coun. cilman Bitter. Carned hy the foll- owing vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann. Pregler, Thoms. Nays-None. ,Petition of Emil J. Kann re- qnesting a driveway p"rmit over his lot at 2085 W. 3rd Street, pre- sented and read. Councilman Bit. ter moved that the petition he referred to the Manager and staff, Seconded hy Councilman Pregler. Ca..ied hy the following vote: Yeas - Mayor Moldenhauer, Councilman Bitter, Justmann, Pregler, Thoms. Nays--None. Petition of Metz Mfg. Co. by DlIIVid L. Clemens Attorney reques. ting discussion of the matter of relocation of a sewer as required under the proposed Ordinance for the vacation and sale of an alley, said alley is located through the Metz Co. property and under their present huilding, presented and read. Councliman Pregler moved that the p"tition he referred to the Manager and Staff for recom mendation and report. Seconded hy Coundman Bitter. Oa-rried hy the following vote: Yeas - M,ayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nay&-None. Attorney David Clemens stated that the present Met> huilding has been on the alley since 1914. The find estimate received hy Met> Mfg. 'Co to relocate the "amtary sewer in the alley far exceeds an estimate given at the begin- ning 01. the negotiations between the City and the Metz Mfg. Co.. which would malte the asking price of $2500. for the alley plus approx- imately $5000. to relocate the sewer way out 01. proportion. The other alternative would he to leave the sewer a's it ;So The City howeve,r would ratber have the sewer relio- cated and in that way avoid any further controvel1Sy. ,Petition 01. L. J. Schiltz et a! requesting p"rmission to exca"..te in Sunset Park Circle and J. F. K. Road, presented and read. Ooun- cilman Pregler moved that the p"- tition be granted subject to appro- val of the Engineering Department. Seconded by Coundlman Bitter. Ca'rried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays--œ¡¡one. PrOOfs of Publication, certified to hy the Publishers, 01. notices of levy 01. Special i\ssessment and intention of the City Council to issue bonds to pay for the cost of constructing the Liebe street 8" ...nitary sewer, presented and read. No written Obie<:tions were filed and no ora! objectors were present in the Council Cham-ber aIt the time set for the ¡mhUe bearing. Councilman Pregler moved that the proof 01. publication he received and filed. Seconded hy Councilman Bitter. CaTried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen B; t t e r, Justmann, Pregler, Thoms. Nays--œ¡¡one. Statement 01. City CIeri<: certi, fying that notices of levy were mailed to property owners 01. re- cord by certified mail on October 17, 1972, subject to assessment to pay for cost 01. COn&ructing the Liebe Street 8" sanitary sewer, presented and read. Councilman Pregler moved that tbe statement he recei¥ed and filed. Seconded by Councilman Bitter. Camed by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Jusmnann, Pregler, Thoms. Nays--4None. Statement of Raymond Rampson, a member of the Engineering de- partment, certifying that notices of levy and intention of the Council to issue bonds were posted in the assess..hle area of the Liebe street sanitary serwer on October 30, Urn!, presented and read. Councilman Pregler moved that the statement be received and filed. Seconded hy Councilman Bitter. Carried by the following vote: Yeas - M'ayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nay,s--œ¡¡one. RESOLU1'ION NO. 348.72 SCHEDUIL-E OF ASSESsME,NTS. RESOLVED hy the City Oound of the City of Duhuque, Iowa, that to pay for the construction of the Liebe Street Sanitary sewer, 8 inch JIm!, hy M. F. Goerdt Constrnction Co. contractor, in froDit of and adjoining the same, a special ta" he and is herehy levied on the severa'l lots, and parts of lots, and parcels oIf real estate all as na,med, situated and owned, and for the several amounts set oppo- site each Jot or parcel of real estate, as set forth in the following schedule: SCHEDULE OF ASSESSMENTS For Liebe Street SanitaTY Sewer 8 incl1---i19'1!! Leon & Elaine F. ETrthum, N%, Lot 1 of Liebe's Sub No. I, $493.63. Joseph A. & M'argt. C. Busch, S\-2, Lot 'l 01. Liebe's Sub No. I, $493.æ . Roy W. & Arlene K. Hurst, N%, Lot 2 ol Liebe's Snh No. I, $493.63. Rita Mae & Allen J. Lang Jr., S\-2, Lot 2 01. Liebe'. Sub No. I, $493.63. A. M. & M'argt. Schueller and L. J. & E. V. Gartner, S\-2, Lot 1 01. Liebe'. Snh No.2 $987.æ. Total, $2,9111.-78. all of which is assessed in pro- portion to special henefits conferr- ed. 33I2.5-lin. ft. 01. 8" Vitriðed tile at $4.90 equal $1,629.25. 5.No. 01. Wye brances 6"x8" at $10.00 equal $50.00. IV17-Un. ft. Concrete Manhole, Height in feet 01. sidewall at $28.00 equal $3112.76. 3 No.- of Concrete M'anhole, Bases, Complete at $55.00 equa'l $l65.oo. 3-No. of Manhole, ComPlete. Ring and Cover a,t $60.00 equal $160.00. 6O.,75-Ton W' -Base Stone in alley (10" deep) at $4.00 equal $248.00. 0-iSq. yd. Seal Coat at $0.70 equal O-Ton 6" lJ;a,se Stone in Hl!cW yard (8" deep) (Seal Coat Base) at $4.00 equal O. Construction Cost $2,!i80.01. Engineering & Ius'p"ction $356.68. 7% 52 days $:11;.00. Project Cost (all assessable) $2.961.78. 520 Special Session, November 13, 1972 Passed. adopted and approved this 13th day of Novemher 1972. Wayne A. Moldenhauer Mayor WaIter A. Pregler Allan T. Thoms C. R<>hert Justmann Joesph J. Bitter Councilmen Attest: Leo F. Frommelt City CIeri< Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the foilowing v<>te: Yeas - M'ayor Moldenhauer, Coundlmen Bit t e r. Justmann, Pregler. Thoms. Na'y's - N<>ne. Proof of Publication, certified to by the Publis'her, of a notice of public hearing to consider authori- zation of the issuance of sewer bond. for the purpose of paying the cost of constructing the Liebe Street sanitary sewer 8 inch.I972. presented and read. N<> written objections were filed and no oral objectors were pre. sent in the Council Chamber at the time set for the public he'ar. ing. Councilman Pregler moved that the proof 01. publication he received and filed. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Miayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. R,ESOLUTION NO. 349.72 Resolution providing for the is- suance of Sewer Bonds for the pu.-pose of providing for the pay- ment of the essessed cost of Liebe str- Sanitary Sewer, a.inch, 1972. Wherea's the contract heretofore entered into hy the City of DU' b,UqU, e, I,owa, for the impr 0, vaments heretinwlter described has been completed and the City Manager has certified the completion there- of to the Oity Council and the City Coundl ha's ascertained the cost thereof and ha. determined that $2,961.73 Dollars 01. the cost thereof shall he a's,sessed a,gainst the property subject to a'ssessment therefor; and Whereas public notice, as pro. vided hy law, bas heen pnblished by the City Clerk stating the in. tention of the CIty Council to issue bonds for the purpose of providing for the payment 01. the a..essed cost of said improvement and a public hearing ha,s heen held, pur- suant to such notice and all ob. jections made thereto ha've been considered and determined; NOW 'DHEREFORE BE ¡rr RE- SOINEiD by the City Council of the City of Dubuque: 1. 11hat to provide for the pay- ment of the asssesed cost of Liehe Street Sanitary Sewer, B-inch, 1971!. there shan he issued sewer bonds in the amount of $2,SOO.OO Dollars in anticipation of the deferred pay- ment of assessments l.,,;ed for such improvement. 2. Such honds sball he called sewCT bonds' and shatl hear the date of Dec~mher f4, 1972; and shall he numbered cons""utively; and they shall be numbered, di. vided iuto series, and he in such denominations and fur such ma- turity dates as are shown in the foClowiug table: Series No., 6, Bond No., 1, De- nomination, $500.00, Mat u r i t y, April 1, 1977, Series No.7. Bond No.2, DenomI- nation $500.00, M'aturity April 1. 1978. Series No.8, Bond No.3, De,nomi- nation $SOO.OO, Maturity April 1, 1979. Series No.9, Bond No.4, Denomi- nation $500.00, M,aturity April 1, 1980. Series No. 10, Bond No.5, Deno- mination $500.00. Maturity April 1, 1981. 3, Said bonds shall bear interest at the rate of six per cent per annum, payahle annually in a,ccor- dance with coupons thereto attach- ed: 4. S,aid bonds shall not make the City of Dubuque liahle in any way, exce'pt for the application of said special assessment funds. 5. Said bonds sball provide that they may he payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shaU be in sub- stantially the following form, No. Series No. City of Dubuque Sewer Bond 11he City of Dubuque in tbe State Special Session, November 13, 1972 521 of Iowa promises to pay a's here- I (Form of Coupon) inafter mentioned to the hearer I On the day of hereof, the, sum of, five hundred the City of Dubuque, Iowa, pro- dollars with interest thereon at mise,s to pay to the he'arer, as the rate of six per cent per an. provided in said hond, the sum num, payable annually on the pre- of Dolla,", in the office sentation and surrender of the in- of the City Trea'surer in the City terest coupons hereto attached. of Duhuque, heing months' Both prinicpal and interest of this interest due that date on its bond are payable at the office Bolld No, dated of the City Treasurer in the City of Duhuque, in the State of Iowa. This bond is issued by the City of Dubuque under and hy virtue of Chapter 300 of the 1971 Code o!' Iowa, as amended. and the Re. solution of said City duly pass'ed on the 13th day of Novemher. 1972, being Resolution No. 349-72. This Bond is one of a .eries of 5 bonds, all for $500.00 numbered fr-om 1 through 5 aU of like tenor and date, and issued for the pur- pose of providing for the derferred payment of assessments levied for the Liebe Street Sanitary Sewer. 8.itlch, 197,2. as descrihed in said Resolution, in said City, which cost is pay,able by the ahutting and ;~J~=:n~ro::~s a~~~e s~~ I:; I a lien on all of said property. It is pa>,a'hle only out of the Sp"- cial Assessment Fund 1293 created by the collection of said special ta'x, and said fund can he used for no other purpose. It is hereby certified and recited that all the a'cts, conditons and things required to be done, pre- cedent to and in issuing this series of bonds, have heen done, happen. ed, and p"rlformed, in regnlar and due form. as required hy laM' and said Resolution, and for the assess. ment, collection and payment here. on of said special tax. the full faith and diligence of said CIty of Duhuque are herehy irrevocably pledged. I IN TESWEMONY WHEREOF the City of Dubuque -by its Council ha's caused this hond to be signed hy its M'ay,or and countersigned by its City ClCTk and the Seal of said City to he thereto affixod. this 13th day 01. Novemher, 1972. Mayor (SEiAiL City Clerk. . . . . . . Mayor. . City Clerk 6. That the M>ayor and CIty ClCTk he and they are herehy instructed to c'aUse said bonds to be pre- pared and when so prepared to execute said honds and that tbe City Clerk he and he is hereby instructed to register said honds in a book ke,pt for that purpose alld to then deliver them to the City Treasurer. 7, That the City Treasurer is hereby instructed to sen said bonds in the manner provided by law, the proceeds of s,"¡d sale to he placed in a special fund to he known as Special Assessment Fund 1293 and paid out hy him to pay the cost of said contra'ct. 8. That the interest coupons at. ta'ched to the bonds he signed with the facsimile signature of the M,a. yor and countersigned with the facsimile s'ignature of the 0 i t Y Clerk. 9. That as fast as funds allow, beginning with the second year after the payment 01. interest due. these bonds shall he caUed and retired in the same order a's num- hered. The notice of election to call these honds shall be given by Regular United States Mail ad. dressed to the last known address of the purcha'ser. 10. Passed, adopted and a'Pprov. ed this 13th day of Novemher. 1972, Wayne A. Moldenhauer Mayor Waiter A. ,Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter CoU1l6:ilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded 522 Special Session, November 13, 1972 by Councilman Bitter. OaTried by the following vote: Yeas - Ma'yor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. Proof 01. Publication, certified to by the Publisher, of hearing on resolution of necessity for puhlic improvements upon pro p 0 sed plans, spec., form of contract and cost of construction of the ~shury l'ark Subdivision sanitary sewer 1972, at an estimated cost of $11,694.00, presented and read. No written objections were filed and no oral objectors were present in Council Chamher at the time set for the hearing. Councilman Pregler moved that the proof OIl! puhlica'tion he received and filed. Seconded hy Mayor Molden- , hauer. Carried by the following I vote: Yea's - Mayor Moldenhauer, Councilmen Bitt e r, Justmann, Pregler, Thoms. I Nays-None. Statement of City C1erik certi- fying thail: notices were milled hy certified mail on Oc,tdher 17, I97\!, to property owners of record, 01. notices of hea,ring on resolution of necessity for construction 01. As- bury Park Suh. Sanitary sew..-, presented and read. Councilman Pregler moved that the otatement be received and filed. Seconded hy M'ayor Moldenhauer. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. (Necessity for Improvement) RESOLUTION NO. 323.72 Whereas, proposed plans, speci- fications, form 01. contract, plat and schedule have been duly pre- pared and approved hy the City Council of the City of Duhuque and are now on file in the office at. the City aers showing alllDDl! other things the following: 1. The houndaries of the diistrlet, if any. 2. T,he streets to he improved. 3. The width of such improvement, and the size and kind of sewers. 4. Each lot proposed to be assessed together with a "aluwon fixed hy ÜIe eouncll. 5. An estimalte 01. the coot 01. the proposed improvement, stating the same for each different typ" 01. construction and kind of material to he used. 6. In each case the amount thereof ,which is estimated to he assessed against each lot, for the construc- tion of Asbury Park S"hdivision Sanitary sewer - 1972 from the eJOisting manhole in St. Celia Court northerly to the southerly property iine of Asbury Park, thence eaail:- erly to ùot 2-2-2 Ashury P,ark. BE III' TH:EREFORÆ RESOIN- Ell that the City Council on its own motion or upon p"tition of property owners, deems it ad\>is- able and necessary for the puhlic wellare to make the herein men- tioned improvement, and unless prop"rty owners at the time of the final consideration of this pro- posed resolution have on ti!.e with the City Clerk objections to the amount of the proposed assess. ments, they shaM be deemed to have waived an objCC'tions thereto. Said improvements shall be con. structed and done in accordance with the plans and spBcifications which have been prepared there- fore by the City Engineer which have heen approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will he assessed upon and against all privately owned pro- perty lying within assess,able dis- tance provided hy law and in an "mount not to exceed the amount provided by l"w, property will be a'ssessed whether the same ahuts the1'eOn or is adjacent thereto acc. ording to area and in proportion to the speciai benefits conferred thereby, and any deficiency shall he paid out of the sanitation sew- age rentai funds. Sewer honds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereol. used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The ahove resolution was intro- duced, approved and ordered plae. ed on file with the City Clerk this 16th clay of October, 11172. RÆ- Special Session, November 13, 1972 00RiD OF F,IINAIL AIDOil'TIDN The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 1ßth day of November 1972. Wayne A. Moldenhauer Mayor. Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen. Aittest: Leo F. Frommelt City Clerk Councilman Pregler mOM final adoption of the reS<Jlution. Secon- ded hy Mayor Moldenhauer. Car- ried by the following vote: Yeas - M,ayor Moldenhauer, Councilmen Bit t e r, JlL'ltmann, Pregler, Thoms. Nays~None. (,Decision of Council - obiec. tions to pie..., specifications, fot'll! of c_rect and cost of imporve- mants.) RESOLU1'ION NO. 350.72 WiIJEItEAS, proposed plans and sp"cifications and form of contra'ct for the construction of Asbury Park Subdivision Sanitsry sewer 1972 from the existing manhole in St. Celia Court northerly to the S<Juth- erly property line of Asbury Park, thenee easterly to Lot 2-2-2 of As- hury Park. have been approved hy the City Council of the City of Dubuque and puhlic notice given as provided hy Chapter 23 of the Code of Iowa, 19711, pertaiuing to public contracts and honds, and the time and plaœ fixed for the hearing 01. all objections to said plans, specifieations or contract for or cost of such improvements, said time being this 13th day of Novem- ber, 1972; ancl WlHEJREAS, the C;ty Council met , in speciai session this 13th day I' 01. November, 1972, at 7:3() o'clock P..M. at the Council Ch:tm-bers in the CIty Han for lIbe >Ul1poOC 01. hearing all interested parties and considering any and aU ohjections which ha,"e heen filed to the pro- posed plans, sp"cifications or cou- tract Ifur or coat of the improve- ment herein described and pro- I posed to he made; and I WHEREAS,. aU interested parties have heen given an opportunity 523 to be heard on aU objectOOns whiel1 have been d,uly weighed and con- sidered; now, therefore BE lIT RESOLVED by the OIty Council of the City of Dubuque, that all objections which have heeD made and filed to the plans, sp"ci- fications, contrad for or cost of said improvement herein descrihed and proposed to be made, be and the same herehy o,"erruled aad. such plans, specifications and form of contract heretofore appro,"ed are herehy adopted. BE III' FlmTHER RESOILVEID that this resolution containing the decision 01. this Council upon all ohjections which have been filed to the plans, specifications and form of cost said improvement be made a matter of p"rmanent re- cord in connection with said im- provement. P'assed, adopted and approved this 13th day 01. November, 1972. Wayne A. Moldenhauer Mayor. Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen. Attest: Loo F. Frommàt City Clerk Councilman Pregler moved adop- tion of the resolution Seconded hy Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler. Thoms. Nays-None. (Ordering Construction) ~ESOLUTlON NO. 351.72 ,BE lIT R!ESOLVED BY THE CITY COI.iNIC[L OF THE OITY OF DU- ,BUQUE that pursuant to a resolu. tion 01. necessity No. 32&,72 which was duly passed hy this Council, for the asbury park subdivision Sanitary sewer - 197Ø he and the same are bereby ordered and coll8ln1ded by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and s¡>e<:ificatlons heretofore adopted and now on file in the office of the City Clerk. BE IT FlmTHER RESOLVEID that the cost and expense of the 1111111IØII11 524 Special Session, November 13. 1972 said improvements he paid for hy levying special assessments again- st the privately owned property lying within the assessable distance from the improvements, whether snch property abut upon the same or are adjacent thereto, according to the area thereof and in pro- portion to the special henefits con- ferred, and any deficiency will be paid our of the general improve- ment, or sewer funds of the city or partly wom each of ,such funds. I P,ayment will be made to the con- tractor out of funds realized from' the sale of honds to be issued in anticipation of deferred pay. ments of assessments as provided by law after the work has heen completed and accepted hy the City Councll. BE IT FURTHE!R RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposa'ls for the con- struction of the vaTious improve- ments herein provided for in the manner provided by law. the said improvements shall be completed on or before 30 days after notice to proceed has been issued. BE IT FURr!.1HER RESO[,NED that this resolution being deemed urgent and of immediate necessity shall be in force and effed from and after its passage and adoption by the City Council. Passed, adopted and approved this 13th d'ay Novemher, 1972. Wayne A. Moldenhauer Mayor. Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen. Attest: Leo F. Fromme1t City Clerk. Councilman Pregler moved adop- tion of the resolution. Seconded by M,ayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer. Councilmen Bit t e r. Justmann, Pregler, Thoms, Nays~None. Novemher 9, J.9'm Honorable Mayor and City Council Herewith attached is a proposal from the Consulting Engineers, Henningson, Durham and Richa'rd- son of Omaha, Nehraska, for the study of the water treatment plant sdlids disposal problem and for providing the necessary a.ssistance in the preparation of .. grant appli- cation 'to the U.S. Department of Housing and Urban De\'elopment lor the future expansion of the Water Treatment P1ant. Also at. tached is a letter from -Mr. J.J. Hail. Water Superintendent and Mr. John L. White, City Engineer. recommending acceptance of the proposal. I hereby reque,st your honorable body to grant the City Manager the authority to execute the at. tached ..greement on beha~ of the City of Dubuque, Iowa. Gilhert D. Cha'Venel1e City Manager Councilman Pregler moved that the communication be received and filed. Se,conded hy Mayor Molden. hauer. Carried by the following vote: Yeas - M'ayor Moldenhauer, Councilmen Bit t e r, Justmann. Pregler, Thoms. Nays-None. RESOLUTION NO. 352.72 NOW 11HE)R,EFORE BE IT RIE- SOLVED BY THE OITY COUNOIlL OF THE CìlTY OF D U EU QU E, IOWtA: That the City Ma"..ger he and is herehy authorized and dir- ected to execute a Consent Order with the Iowa Water Pollution Co- mission. a coPy of which is at. tached, concerning the d i s ch..rge of lime sludge from the municipal water treatment plant facility, in- cluding the required f"cilities which will eliminate the pollution condition, and construction sched- ules. as being ..ccomplished to a- bate the pollution of the Mississ- ippi River helow Duhuque, Iowa. Passed, approved and adopted this 13ih day of November, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Rohert Justmann Joseph J. Bitter Councilmen. Attes!: Leo F. Frommelt, City Clerk I, Leo F. Frommelt, Clerk of the City of Dubuque, Iowa do here- by Certify the foregoing to be true and correct copy of a Resolution Special Session, November 13, 1972 ---- Adoped hy the City Council of the City of Dubuque, Iowa at a meet- ing on the 13th day of Novemher, 1972. W,tness the seal of the said City of Duhuque, Iowa and my signa- ture this 13th day 01. November, 1972. Leo F. Frommelt, Cny CleTk Councilma'n Pregler moved adop- tion of the resolution. Seconded by M'ayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councihnen Bit t e r. Justmann, Pregler, Thoms. Nays-None. RESOLUTION NO. 353.72 DE IT RESOINED hy the City Council 01. the City of Dubuque, Iowa', that the followIng ha,ving complied with the provisions 01. law relating to the sale of Cig. arettes within the City of Duhuque, Iowa, be granted a permit to sell I Ci!Ja,rettes and Cigarette pap e r s within said City. Carol M'ae McCaughey 5el Ea's! 22nd Street. Ronald J. H.... 1630 EJast 16th Street. BE IT FUŒUI1IDJR RESOLVED that the bonds filed with the app- lication be approved. Passed, adopted and approved this 13th day of November, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. FTommelt Cny Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. R,ESOLUTION NO. 354-72 WHEREAS, applications for Beer p"rmits have been submilited to this Council for approval and the s..me na'Ve been examined; NOiW 'IHEJRlEFORE, ; BE rrr RESOLVED hy the CIty I Council of the City of Duhuque. ' 525 Iowa, that the following applica- tions be granted and permits is. sued upon the compliance with the terms of the ordinances of the City. CLASS "C" BEER PERMIT Lil' Giant Food Stores, Inc. 1101 Rhomberg Avenue Hartig Drug Company 2255 J. F. Kennedy Road. Hartig Drug Company 700 Maill Town Clock Plaza Hartig Drug Company 2225 Central Avenue. Hartig Drug CompallY 97 Locust Street. Laverne G. Felderman 1889 Jack- son Street. Passed, adopted and approved this 13th day of Novemher, 1972. W,ayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen. Attest: Leo F. Frommelt City Clerk. Councihn,an Pregler moved adop- tion 01. the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer. Councilmen Bit t e r. Justmann. Pregler, Thoms. Nays-None. RESOLUTION NO. 355.72 \WÆiRIEAS, applications for Beer permits were filed hy the within named a,ppllcants and they have received the a'ppro\'al of this Coun. cil; and WiHEREJAS the premises to be occupied hy such applicants were inspected and found to comply with the ordinances of this City and they ha've filed proper bonds; NOW THEREFORE BE rrr RE- SOL~ED by the City Council of the City of Dubuque, Iowa, that the M'anager be authorized to cause to be issued to the following named applicants a Beer permit. CLASS "C" B,EE.R PERMIT Lil' Giant Food Stores. Inc, 1101 Rhomherg Avenue. Hartig Drug Company 2255 J. F. Kennedy lWad. Hartig Drug Company 700 Main Town Clock Plaza, 526 Special Session, November 13, 1972 Hartig Drng Company 2225 Central A\'enue. Hartig Drug Company 97 Locust Street. La"erne G. Felderman l889 J'ack- son Street. BE lIT FOOTlliElR RiESOlNED that the bonds filed hy such appli- cants he and the same are herehy approved. Passed, adopted and approved this 13th day of November, 19'ß!. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Rohert Justmann Joseph J. Bitter Councilmen. Attest: Leo F. Frommelt City Clerk. Councilman Pregler moved adop- tion 01. the resolution. Seconded by Mayor Moldenhauer. Carried by the following vote: Yeas - Mayor Moldenhauer, CounciJ:m"n Bit t e r, Justmann, Pregler, Thoms. N"ys---None. RESOLUTION NO. 356.72 WlHiER:EAS, applications for Liquor licenses ha\'e been submitted to this Council for a,ppro1ilal and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council 01. the Oity 01. Duhuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL A C T- ClIAiP'J1ER 131.- a's amended by the 64th General AJSsemhly, 1!1'm.. aLASs "C" (COMMERCIAL) BE,E'R & LIQUOR LICENSE Joan R. Mlll"Phy 11101 Central me- nne. Carol M'ae McCaughey sæ East ænd Street. Ronald J. H!aas l63O East 16th Street. ~assed, adopted aud approved this 13th day of November, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen. Attest: Leo F. Frommelt City Clerk Councilman Preg'ler moved adop- tioo of the resolution. Seconded hy Mayor Moldenhauer. Canied hy the following vote: Yeas - Mayor Moldenhauer, Councilman Bit t e r, Justmann, ,Pregler, Thoms. Nays---None. RE'SOLU1110N NO. 357-72 WIHiERiEAS, applications for Li- quor licenses were I!iJed hy the witmn named applicants and they ha\'e """"\'00 the apprO\"al 01. this Council, aDd WlHiEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law :me! II![ City oMi- nances relevant thereto and the y have filed prop"r bonds, NOW 'I1HEREFORE BE IT BE- SOLVEID hy the City Council of Duhuque, fowa, that the Manager be authorized to cause to be issued to the following named appllcants a Liquor license. OLASs "C" (COMMERCIAL) BEE,R & LIQUOR LICENSE Joan R. Murphy 1.100. Central A...... nut Carol Mae M,cCoughey 521 East :!end Street Ronald J. Hlaas l63O East 16th pasSl!'d, adopted and approved tlris 1Gth day of November, 1972. Wayne A. Moldenhauer Mayor. Walter A. Pregler Allan T. Thoms C. Rohert Justmaoo Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk. Councilman Preglar moved adop- tion of the resolution. Seconded 'by Mayor Moldenhauer. Carried hy the following vote: Yeas - M'ayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nay,s-None. Council Recessed et 10:00 P. M. 'Reconv_d a' 10:30 P. M. Mr. Paul Rossiter, of Rossiter & lIamm, aTChitects and E n g i - neers, submitted a progress report of project analysis 01. Renovation of the City Hall, comprising the first haM 01. the analysis. CounciI. man Bitter moved that the report be reeeived and filed and referred Special Session, November 13, 1972 to the meeting of Novemher 27tI:1. Seconded hy Councilman Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nay,s-,None. There being no further business Councilman Thoms moved to ad- journ. Seconded hy Co un oilmen Justmann. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. NaYs--'None. Leo F. Frommelt c;ty Clerk 527 Approved ....................................1973 Adopted ......................................1973 ..............................................,........... .............................................,............ Councilmen Attest: .................................................. City Clerk. 528 Regular Session, November 20, 1972 October 20, 1972 Special Session, November 20, 1972 Board of Health OFFICIAL Regula< Session, November 20, \972. Board met at 7:30 P. M. (C.s.T.) Present - Chairman Wayne A. Moldenhauer, Messrs. Joseph J. BiHer, C. Robert Justmann, Walter A. Pregler, Alian T. Thoms. Dr. Kennett. K. Hazlet M. D. City Man. age Gilbert D. Chovenelle. Communication of Clara Markey Farr relative to a pigeon problem in existence at 15th & BlUiCf St., presented and read. Mr. W...lter A, Pregler moved that the l'ark Board, Board of Health inaugur- ate a program to combat the nui. I sance and report back to the Coun. cil. seconded by Mr. AJ1Ian T. Thoms. Carried hy the following vote: Yea's - Chairman Wayne A. Moldenhauer, Messrs. Joseph J. Bitter, C. Robert Justmann, Walter A. Pregler, Allan T. '!'homs. Nays-None. There being no further business Mr. Walter A. Pregler moved to adjourn. Seconded hy C h air man Wayne A. Moldenhauer. Carried by the following vote: Yeas - Chairman Wayne A. Mol- denhauer, Messrs. Joseph J. Bitter, C. Robert Justmann, Walter A. Pregler, Allan T. '!'hams, Nay..-None. Leo F. Frommelt Clerk BoaTd of Health CITY COUNCIL! OFFICIAL Special Session, November 20, 1972. Council met at 7:30 P.M. (C.S.T.) Present - Ma,yor Moldenhauer, Counc.;lmen Bitter, Justmann, Pre- gler, Thoms. City Manager Gilbert D. Chav_lIe. Mayor Moldenhauer read the call and stated that service thereof had been duly made and this meeting is called for the purpose of conduct. ing a public hearing on the resolu- tion of necessity for constnletion of pha.e 1'1, waste water treat. ment facilities-contract II B, rebid, and acting upon such other busi- ness as may properly come before a regular meeting of the Council. Communication of Consulate <rl!- neral of Israel expressing grati- tude to the Mayor and citizens of the City for expressions of sym- pathy regarding the inhuman mur- der commitlted hy Arab terrorists in Munich, presented and read. CounC'ilman Pregler moved that the communication he received and filed. Seconded hy Mayor Molden- hauer. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms, Nays-None. Approved ...." .......11)'73 City Council An application for optioning 7.<me acres in Bloclos 12 and 13, River- front Subdivision No.3, Dubuque Industrial Park, bas been received by this committee from the Ther- molyne Corporation of Duhuque. The intent of this company is to expand their local operations, and to bring to Duhuque new busi. n"sses, _h as bhe Anto Stainer Company of Milwaukee. which was recently purchased by Thermolyne and moved to Dubuque. It is there. fore the rec<IIII!!!-~atiœ. ,01. tI:J6¡¡ body that the City of DuI>uque take the fullowing action: 1. That the 7.071 acres in Blocks 12 and 13 of Dubuque Municipal Industrial Park ,he optioned to Thermolyne Corporation for $275 per acre per year. 2. That the selling price of the property, if and when the option Adopted ... ....1973 r I Members of \ Bd. of Health \----....' Attest: ...................".,......,.. Clerk Board of Health 529 is exercized, he $5,000 per acre, or a total of $35.005 for the par- cel, with provision that option payments shall not be applied on the purchase price. 3. That the option he for a two. year period, and that 90 days prior to the eJ<piration of said option the city reser,ves the right to cancel said option and notify tbe company in writing, or ex- tend said option for another two years. 4. That in the event said option is exercized, Thermolyne Corpor- ation will agree to commence construction of a plant within one year of transfer of title. and complete such construction within two years. 5. That construction of said im. provements conform to c i t Y codes. easements and ordinances, Mayror',s Industrial Com mittee Wayne A. Moldenhauer M,av<>r Robert E. Dorothy M¡r. Industrial Bureau Fred ScbrelÍb... Chair,man Dock BoaTd Councilman Bitter moved that the communication be referred fur proper proceedings. Seconded hy Mayor Moldenhauer. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann. Pregler, Thoms. Nays-None. 'Communication 01. Dub uque County suhmitting petition for sus- pension or remission of taxes on account of infirmity or old age hy Harriet J. Jordan on Lot 55 Uttleton & Sawye¡r's Addn., pre. sented and read. Councilman Bit- ter moved that the petitian be -granJted a,nd the CIeri< he g!Iven authority to sign. Seconded by Counillman Thoms. Carried hy the fullowing ,"ate, Yeas - Mav<>r Moldenhauer, ~ Bitter, Jutmaun. Pregler, Thoms. Nays-None. Communieation of Peoples Nat. ural Gas advising 01. initiation 01. first of two separate rate m.,reases for natural gas service to small volume customers in the City, first increase effective aÆter Decemhet- 530 Special Session, November 20, 1972 2ß, 1972 about 8Oc p"r moDth to residential customers, pre sented and read. Councilman Pregler moved that the communicatiOn be referred to the City Manager and staff to inquire if a rate increase is heiI>g considered to larger cus- tomel1S adso. Seconded by Council- man Justmaun. Carried by tbe ful- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, JustInann Pregler, Thoms. Nay&---<None. November 17, 1972 Honorable Mayor and Councilmen The Duhuque Plannnig and Zon- ing Commission bas held a public hearing on the p"tition 01. the Sis- ters 01. Saint Francis to change the ""ning classification on a four (4) acre parcel of their prop"rty in the City of Duhuque, Iowa, from Single Family Residence to Mul. tiple Residence DiMct, which par- cel is described aa fullows: Commencing at the Southeast Corner 01. Section 12, Township 89 North, Range 2 EaS't of 5th Principal Meridian in the City of Dubuque, Iowa, thence West, 550.00 feet along the EaS't.West Section Line hetween Section 12, Township 89 North, Range 2 East of 5th Principal Meridian and Section 13, Township 89 North, Range 2 East 01. 5th Principal Meridian, to the point 01. begin- ning 01. the tract of land being descrihed, thence NOrth, 350.00 feet, thence west, 500.00 feet, tihenœ South, 61.00 feet, theœe East, 39.00 feet, thence South, 45.00 feet, thence E..t, 411.00 feet, thence South 4. 21)' West, 238.00 feet to said East-West Section Line hetween said Sections 12 and 13, thence East, 461.00 feet along said East"West Section Line hetween said Sections 12 and 13 to the point of beginning, and is sUihject to the 30 feet in width reserved for road. The SIsters of S a i n t Francis, through their attorney, halVe indi- cated their intent to develop this pa..el fur a child development nur- sing caTO center. Prop"rty owners from the D,...;s Street area who were in attendance at the public hearing expressed no particular oh- jection to this imended develop- ment, but were concerned about the use 01. the parcel fur hi¡¡h-den- sity apartment deveJopment. In ita discussion 01. this request, the Com- mission determined that extensive use 01. this site fur apartment de. velopment would he suhject to the P1anned Unit Development provi. sions of the Zoning 0 r d i nance, which would require that detailed p1ans 01. such development be pre- sented at a puhlic hearing before the Board 01. Adjustment. In consideration 01. this further opportunity fur review 01. any suh- sequent plans for extenisve a,part.. ment development, it was the opin- ion of the Commission that the reclassification 01. this paI'Cel to Mulliple Residence District is ap- propriate. The P1anning and Zon- ing Commission has recommended that the p"tition 01. the Sisters of Sæint Francis be approved. CID'Y ~ AM> ZOINIJNIG 00M!MiIISS00N Daniel Dittemore Developmem P1anner Councilman Bitter moved ,tJœt the communication be referred for proper proceedings. Seconded by Mayor MoldeDlilauer. Carried by the fullowing wte: Yeas - Mayor Moldenhauer. Councilmen Bitter, Justmann. Pregler, Th<>ms. Na~one. November 17, [1m Honorable Mayor and Councilmen The Dubuque Planning and Zon- ing Commission has rewewed the petition 01. Mr. Herb Heitzman fur the vacation 01. the platted alley ahutting the west line 01. Lot 1 01. Lot 008 of Finley's Addition in the City of Duhuque, I<>wa. The Commission bas detennined that this alley serves no present <>r future use as 'a public thorough- fare, and has recommended that it be wooated, subject to any nec- essary e_men'" fur utilities. OIJI'Y PILANNŒNG ANID ZOINIJNIG COMIM'ISSION Daniel Dittemore Development Planner Councilman ,Pregler moved that the communication be referred to the City Manager. Seconded hy Councilman Bitter. Carried ,by the fullowing vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Na~<>ne. Special Session, November 20, 1972 531 November 24, 1972 Honorahle Mayor and City Council The City of Duhuque Planning and Zoning Commission has held a puhlic hearing on a proposed amendment to Ordinance No. 3-34, enacting a new Section 2 of Article !iV, thereof, estaJblishingand de- fining the uses permitted in a Mul- tiple Residence District. The Commission ha's considered that the effect of the amendment is limited to ,a restriction on the sale of material goods in premises cla,ssified in the Multiple 'Residen~e District, a'ccOrding to provisions of proposed subparagraphs (j) and (k). In its study of this amend- ment, the Commission determined that such a restriction has no pre- I sent or fureseeahle application to uses now permitted within the Mul- tiple Residence District inrofar as the Zoning Ordinance now contains adequate safeguards a'gainst unre- stricted sales activities in this zon- ing district. The Commission has also considered that the .principal thrust of the amendment may be directed against the esta'hlishment of medica! office apothecaries in Multiple Residence Districts. Tbe referral 01. this proposed a" mendment indicates that the med- ical office - apothecary issue is still unresolved. In this regard, The Planning and Zoning Commis- sion wishes to again e- its unanimous recommendation in fa" vor of p"rmitllng limited drug dis- p"nsing activities in conjunction with medical office developmem. In its examination of this issue over a' period <If three years, it bas been the judgement of the Commission that medical offices I and apothecaries could be esta'h- lished in the vicinity of any of the local hospitals without creating a substantial hardship on the im- mediate hospital neighhorh<1ods or on the community-at-large, and that a significant public benefit could be provided in this develop- ment. The Commission has held public hearings on and has ap- proved two sepO11ate ordiinance ac mendments that would provide for apothecary development under con- trolled circumstances, and urges you to reconsider the adoption of either of these prior proposals. In the matter of the Proposed amendment to subparagraphs (j) and (k) of Section 2 01. Article IV, it is the finding of the Com- mission that this amendment serv- es no essential purpose, and it is recommended that you reject this proposal. RespectfuRy suhmitted, CID'Y PLANlNiLNG AN[) ZONING OOMMi1SSION Daniel Dittemore Dewlopment Planner Mayor Moldenhauer moved that the communication be referred for proper proceedings. Seconded by Councilman ,Pregler. Carried hy the following vote: Yea's - Mayor Moldenhauer, Councilmen Bit t e r, Justmann. Pregler, Thoms. Nays-None. November 17, 1972 Honorable Mayor and Councilmen This is to iRiorm you that the petition of Merle E. and Margaret F. Goerdt for annexation and re- wniog of their property in the viciniiy of Sheridan and Peru Road, as referred hy you to the Planning and Zoning Commission at your meeting 01. Septemher 15, 1972 ha's been withdrawn a~cording to the attached letter. ŒTY PLANiNING ANID ZON1NJG CO~ Daniel Dittemore Development Planner Counci1Jnan 'Pregler moved that the commuD1ication be reC'eived and filed. Seconded by Coundlman Bit- ter. Carried 'by the followin,g vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays----None. Novemher 17, 1972 H<1norahle Mayor and Councilmen The DŒhuque Planning and Zon- ing Commission has reviewed a requesthy the WaTtbur,g Seminary to amend their Mobile Home Park Development Plan to provide for the construction of a small main- tenance and laundry huildiog with- in the development. The Commis- sion has determined that this re- vision is a,ppropriate and has reo commended that you approve this amendment to the Wa""hurg Se- minary Mobile Home Park Plan. CITY P!.ANNIiNIG ANID ZONING COMMISSION Daniel Dittemore Development P1anner 532 Special Session, November 20, 1972 Councilman Justmann moved \ that the communication be referred to the City Solicitor for proper proceedings. Seconded by Council- man Pregler. C",rried by the fol- Jawing vote: Yeas - Mayor Moldenhauer. Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. November 14, 1972 To the Honora,ble Mayor and City Council I herewith submit the reports of the City Treasurer, City Auditor, Water Superintendent, Health De- partment and a' list of claims paid for the month of October 1972. Gilbert D. Chavenelle City Manager Councilman Pregler moved that tbe reports be received and filed. Seconded by Councilman BitteT. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r. Justmann, Pregler, Thoms. Na,ys-None. November 16. 1972 To the Honora'ble Mayor and City Council. The city council referred to the manager comments and objections of various people relating to the incidences which occured on Aug- ust 26, 1972, as well as written and oral reports of the chief of police. ,The subject matter of the complaints. petitions and reports to the city council stem from the events of that evening and suh- sequent events involving gathering of groups in front of city hal!o I ha,ve reviewed all the com- plaints out of which certain salient features appear. These are the sub- ject matter of this report. I do not report an answer to ea'ch ques. tion raised hy the petitioners. I respond, however. to reasons for the complaints and suggest correc- tion thereto. I report upon these topics which themselves rise out of the events: Informing City C<>uncil of Police Matters Citizen Petitions to Government Reßponse to Petitioner Citi:oon Complaint Against Anoth. er for Violation of a City Ordinance Right of Assembly in Public Places Emergencies Public information Personnel Gr,ievances in the Po- lice DepartmeI>l I ha"e written a "Police De. partment Handbook." It is an out. line of suggested police procedure covering each of the topics I ha"e listed. I will give the handbook to the councilmen at council meet. ing. It is suggested that the council- men re"iew the report and consider the proposals at a following meet- ing. It is suggested that a copy of the handbook he given to the pe- titIoners so that you can discuss with them their petition in the light of the handhook proposals. I ha,v,e a,so wri1Jten a hrief note about investigative pro c e dure which I ha"e entitled "Comment for Council." This will be suhmit- ted with the, handbook. Finally, I recommend that a ta"k force be organi:ood for the purpose of reviewing and detailing the handbook, that the product of their work he reported to the city council alld that the task force be dis. banded upon making their report. Gilbert D. Cha,venelle City Manager Mayor Moldenhsuer moved that the communication be referred to the C<>uncil for study to a'genda of the 27th of November snd dis. cussion. Seconded hy Councilman Justmann, Carried by the follow- ing vole: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann. Pregler, Thoms. Nay&---None. c<>mmunicatlon of Mayor Mol- denhauer being tOO Mayor's weekly report. dated November 19, 1971!, presented for the record. Council- man Pregler moved that the com- munication be reooiV!ed and filed. Seconded by Councilman Bit t e r. Ca,rried by the following vote: Yea's - Mayor Moldenhauer, C<>uncilmen Bitt e r, Justmann Pregler, Thoms. Nays-None. November 16, 1!m Hon. Mayor and City Council On the 8th day of March, 1m, Original Notice with Petition at. tached was served on the City of Dubuque hy Ecumenical Hous- Special Session, November 20, 1972 ing, Inc. claiming damages in the amount of $54,033.00 allegedly aris- ing out of the damages suffered to a building from fire and claim. ing that the City of Duhuque one of the defendants. was negligent. This matter was referred to the City Attorney, who referred same to the appropriate a'gency, and to- gether with its counsel ente'red re- sistance to said a-ction. On May 26, 1971, the City Attorney report- ed to your Honorahle Body that on May 7, 197!1, the District Court of Dubuque County, Iowa made an adjudication in this matter that the pla,intiflf did not have a cause of action against the Oity of Du. buque, and returned Original No- lice and the petition were returned. On November 15, 1972, the plain. tiff filed its Dismissal with pre. judice of said action, and said action has now heen dismissOO ",t no cost to the City of Duhuque. R. N. Russo City Attorney C<>uncilman Pregler moved that the communica'tion be received and filed. Seconded hy C<>uncilman Bit- ter. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Notice of claim of Vincent J. Ha,yes, in the amount of $226.00, for car damage incurred a's the result of striking a bore in the street coming out of the A & P Parking Lot on Ashury Road, on November 9, 1972, presented and read. Councilman Pregler moved that the notice of claim he re- ferred to the City Attorney for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, ?reg].,., Thoms. Nays - None. Notice 01. claim 01. Gary W. Mar- hu.ger, In the amount of $35, for expense incurred as the result of I a backed-up sanitary seWeT at 2938 Wa'shington Street on November 9, I972, presented and read. Coun- cilman Pregler moved that the no. tice of claim be referred to the City Attorney for investigation and report. Seconded hy Councilman 533 Bitter. Carried by the following vote: Yea. - Mayor Moldenhauer. Councilmen Bit t e r, Justmann, Pregler. Thoms. Nays - None. Notice of claim of Martha O'Nea1 in an undetermined amount. for personal injuries received in a fall on a defective side'waIk at 98 Hill St. on Septemher Zl, 1972, pre- sented and read. Councilman Preg- ler moved that the notice of claim he referred to the City Attorney for investigation and report. Se. conded by Councilman Bitter. Car. ried by the following vote: Yea's - Mayor Moldenhauer, Councilmen Bit t e r. Justmann, Pregler, Thoms, Nays - None. ORDINANCE NO. 59.72 Amending Ordlnonce No. 46-72 by repealing section 19 thereof and enacting a new section 19 In lieu thereof to prohibit the display on the premises of a class B permit holder of moving pictures, slides, or other film clepiction projected unto I screen or other surface and by r_eling Section 26 thereof and enacting a new section 26 in lieu to provide for penalty and violation, presented and read. Councilman Justmann moved that the rules be suspended in order to let anyone present ad. dress the C<>uncil if they so de- sire. Seconded by Councilman Bit. ter. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r. Justmanll. Pregler, Thoms. Nays - None. Police Chief O'Brien addressed the C<>uncil relative to the proposed Ordinance on the showing 01. films in ta"erns. Raphael G.ant head of the Ta'vern Keeper's Assn. de. finitely sPOi<e agaiust the showing of skin flick movies in taverns. Row- ,be couM see 110 harm in HIe showing of basebaN movies etc. in a t",vern. Bob Mercer of the Holiday Inn posed several ques. tions on the suhject. John Hall as;Jred the question whether or not the ta""rn i<eepers could sit in on the movies. Councilman Pregler moved that the proposed Ordinance be referred 534 Special Session, November 20, 1972 ba~k to the Manager and staff with direction. Seconded hy Coun- cilman Justmann. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmann, Pregler, Thoms. Nays - None. ORDINANCE NO. 60-72 An Ordinance amending Ordlnonee No. 33-49 known as The Traffic Code of Dubuque, Iowa as amend. ed, by _ling Section 16.30 thereof and enacting a neW Section 16.30 In lieu thereof to regul'a'" the pa,rklng of motor vehicles In the alleys enumerated In Schedule VI'!, presented and read. Mayor Moldenhauer moved that the reading just had he considered the first reading 01. the Ordinance. Seconded by Councilman Pregler. Carned by the fullowing vote: Ye"" - Mayor Moldenhauer, Councilmen Justmann, Pregler, Thoms. Nays - Councilman Bitter. Mayor Mdldenhauer moved tbat the rule requiring an Ordinance to be read on three separate days be waived. Seconded hy Council- man Pregler. Carried hy the ful- lowing vote: Yeas - Mayor Moldenhauer, Councilmen Justmann, Pregler, Thoms. Nay,s - Councilman Bitter. ORDINANCE No. ..... fl. NOW THEREFORE eE IT ORDAIN. ED BY THE C'TY COUNCIL OF THE CITY OF DUBUQUE. 'OWA' Section ,. dl'on.. No. 33-69 .. - the h",obv amoodOd by ..._"n 16.30 _eol end .. " 100 16.30 In llau 2O:;'~,edy'ota'lfo~~.J:"\~oted thl, Id.nltOue, c:'......, Ju"'¡'on, COUNCILMEN ATTEST, Leo F. F1"ommelt c'TY CLERK Pub",hOd officially In The Tel..,aph- H...,'d Nawop,pe, th;, 27th dev Of Nou",,-.1972. Leo F. F....melt City C,,""'. 11. 11127 Mayor Moldenhauer moved final adoption of the Ordinance. Second- ed by Councilman P<egler. Carried by the following vote: Yeas - Mayor Moldenhauer, Council-men Justmann, Pregler, Thoms. Nays - Councilm'an Bitter. ORDINANCE NO. 61.72 An ordinance emending Schedule VII of Ordlnonce No. 33-49 known as Tho "Traffic Code of Dubuque, lowe" to provide that when signs are erected giving notice thereof, no person shall stop or perk on any of the following alleys or por. tions of alleys, herelnofter deslg. nated, unI... actuelly engaged In taking on or cIIscherglng persons, goods or merchandise and said vehicle shell have a qualified 0pe- rator in attendenee et eli times sublect to movement upon request of police officer or fire officer, presented and read. Mayor Moldenhauer moved that the reading just had he considered the first reading 01. the Ordinance Seconded hy Councilman PregJer. Carrted hy the f<>llowing vote: Yea.. - Mayor Moldenhauer, Councilmen Justmann, Pregler, Thoms. Nay. - Councilman Bitter. Mayor Moldenhauer moved that the rule requiring an Ordinance to he read on three separate days he waived. Seconded hy Council. man Pregler. Carnied by the fol- lowing vote: Yea's - Mayor Moldenhauer, Councilmen Justmann, Pregler, Thoms. N8'1B - Couneilman Bitter. OROINANcE No. 61." Special Session, November 20, 1972 535 F.... P_... ..- Loan' "...., 0' "" Ayonue on .". m,. P",Od. aPPn>vOd and odooted Ihl, 'Oth ... 01 Nov"""",,. 1972. \; Mo'denhaue, , p,...... T"""" Có(fNt,="'" ATTEST, Leo F. F'ommoll CITY CLERK Publ.hed offlcallv In The Tel.."Ph. ~~'::"'r~r"" thl, 27lh dev 0' Leo F. F....melt City Cole,". 11,11/27 Mayor MoI-.uer moved finai adoption 01. the Ordinance. Second. ed by Councilman Pregler. Car- ried hy the following vote: Yeas - Mayor Moldenhauer, CouDciImeo JuølmaJlll, Pregler, Thoms. Nay¡s--CouncHman Bitter, c, Mayor Moldenhauer moved that the Chief 01 Police report h- to the Council in three months a. to the parking in alleys and how e1Ifective the "bore Ordinance will become, and if not to consider a possible increase in fees for Wo. latioOB. Seconded by C<>uncilman Pregler. Carried hy the fullowing vote, Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler. Nays - C<>un~ilman Thoms. Petition of Peoples Natural Gas requesting permission to eJœavaœ at 21163 Lincoln Awe. to repair a service line, presented and read. Councilman Bitter moved that the request he granted. Seconded by Councilman Pregler. Carried hy the following vote: Yo'a. - Mayor Moldenhauer, Councilmen B ¡ U e r, Justmann, Pregler, Thoms. Nays - None. Petition 01. Ruth Wild requesting a reduction 01. the price 6f " ped- dler's liceOBe, because she onily works from October to March here in the City, therefore the license should be reduced to $50. present. ed and read. Mayor Moldenhauer moved that the petition he denied. Seconded hy Counci[nu¡n Thoms. Carried by the following rote: Yeas - Mayor Moldenhauer, C<>uncilmen B ¡ t t e r, Justmann, Pregler, Thoms. Nays - None. Petition 01. Norfuwestern Bell Te- lephone Co. requesting p"rmission to excavate in Jones Street be- tween Main and I_a, presented and read. c<>uncilm..n Bitter mov- ed that the petition he granted. Seconded hy Councilman Preg:ler. Carried by the following vote: Yeas - Mayor Moldenhauer. Councilmen Bit t e r, Justm,ann, Pregler, Thoma. Nays-None. Petition 01. Mississippi Valley MiJk Producers Assn. requesting a refund 01. $50 on the UDexipired portion of cigarette license No. 25/1, as they have discontinued business on 11~11.72, presented and read. Councilman Bitter moved that the r8ad he ¡ruled 8tId the Auditor instrocted to issue proper warrant. Seconded hy Councilman Pregler, Carried by the following vote: Yea's - Mayor Moldenhauer, CouncUmen Bitter, Justmann, Pregler, Thoms. Nays - None. Petition of Mississippi Valley Milk Producers Assn. requesting III!IIIIIIIIIIII Special Session, November 20, 1972 537 Special Session, November 20, 1972 536 this 20th day of Novemher A.D., 1972. November 17, 1972 I Honorwhle Mayor I and Couneilmen The Dubuque Planning and Zon. , ing Commission hws reveiwed the proposed final plat of Lot 1 thru 4 inclusive of Lot 21 Block 10 in Sunset Park Subdivision in the City of Dwbuque, Iowa. The Commission has determined that this plat conforms to all re- quirements of the Subdivision Or- dinance, and has recommended that it he approved. CITY I1LAiNíNlNG AND ZONiINIG COM'MfSSION Daniel Dittemore Development Planner Councilman Pregier moved ,ap- prov,al of the recommendation. Se- conded by Councilman ,Bitter. Ca,r- ried by the following ,vote: Yeas - Ma¡><>r Moldenhauer, Councilmen ,B i t t e r, Justmann, Pregler, Thoms. Nays - None. ried by the following vote: Yea's - Mayor Moldenhauer. Councilmen Bitt e r, Justmann, Pregler, Thoms. Nays - None. RESOLUT!ION NO. 358-72 VmE!~EiAS, application has been made by Robert A. Sulü"an, owner of the following described real es. tate: The South One-fifth of Out Lot 476 in the City of Dubuque, Iowa, a,ccording to the United States Commissioners' M!ap of the Town of Duhuque, Iowa for designation of the described re'al estate to he designated as being historically and-or arc'hitec. turally significant by this Council; and the City Council hedng familiar with the described property and the Victorian home situated there~ on, and WÐ!EREAS said historical and- or architeetural designation would further the historieal and cultural atmosphere of the community NOW, 'l1HIEIRJEFORE, BE IT RIE- SOlJVED hy the City Council of the City of Dubuque, Iowa. that the property and buildings describ. ed as The South One-Fifth of Out Lot 476 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa he and hereby aTe designated as being historically and-or architec. lurally significant. Passed this 20th day of Novem~ ber, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen a refund of $56.25 on the unexpired portion of Class C beer p"rmit No, 3000 as they ha"e discontinued business on 11.11.72, presented and read. Couneilman Bitter moved that the refund he granted and the Auditor inotructed to issue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yea's - Mayor Moldenhauer, Councdlmen Bit t e r, Justmann. Pregler, Thoms. Nays - None. Petition of Donald Shanley re~ questing a refund of $50 on the uneJOpired portion of cigarette ]i. cense No. 242. as he has discon- tinued business on ~1.J.6~72, pre- sented and read. Councilman Bit. ter moved tbat the refund he grant. ed and the Auditor instructed to issue proper warrant. Seconded by Councilman PregJer. Carried by the following vote: Yeas - M!ayor Moldenhauer, Couneilmen Bitter, Justmann. Pregler, TIt.oms. Nay~one. Proof of publication, certified to by the publisher, of notice of puh. lic hearing to designate property IDeated at lOOO Locust Street as ha..mg historica,l and-or architec. tural signi:ficanœ and be coœider- ed for commercial purposes, pre~ sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Pregler moved that the prOOf of puNiie,ation he r e. cetved and Med. Seconded b Y Councilman Bitter. Carried by the following vote: Yeas - Mayor Moldenhauer. Coundlmen Bitter, Justmann. Pr.~er, Thoms. Nays - None. Attest: Leo F. Frommelt Communieation of Dubuque City Clerk County Historioa¡ Society request. . ing consideration in granting Mr. . Councllman Pre~e! moved adop. Sulli"an's request as to bistorioa.J bon of the rewlutlOn. Seconded and or architectural significance by Counci.lman Bitter. Carried by of the property at 1320 Locust St. the foilowmg vote: presented and read. Couneilman Yeas - Ma¡><>r Moldenhauer. Pregler moved that the communi- Counoilmen Bit t e r, Justmann. cation be reeeived and filed. Se. Pregler. Thoms. conded by Councilman Bitter. Ca'r- Nays - None. Wayne A. Moldenhauer Mayor Wa'lter A, Pregler Allan T. Thoms C. Robert Justmann Joseph J.Bitter Councilmen Attest: Leo F. Frommelt City Cierk Councilman Pregler moved ado>- tion of the resolution. Seconded by Councilm,mBitter. Carried by the following vote: Yea's - Mayor Moldenhauer, Councilmen Bit t e r, Justmann. Pregler, Thoms, Nays-No"". Proof of ,Puhlication, certified to by the Publisher, of Notice of Pen- denoy of Rewlution of Necessity for puhlic improvements and Hear- ing upon proposed plans and sped. meations, form of conwaet and cost of improvements for Phase 11 Waste Water Treatment Facilities Contraet HB.Rehid, p.esented ,and read. No written ohjections were filed and no oral objectors were present at the time set for the hearing. Councilman ,Bitter moved that the proof ofpublioation ,he r e- ceived and filed. Seconded hy Councilman ,Pregler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r. Justmann. Pregler, [,homs. Nays - None. REcSOLUT,ION NO. 335-72 WHER'E;AS, proposed plans, spe- cifications, form of contra'ct h,we been duly prepared and approved hy the City Council of the City of Duhuque and aœe now on file in the odJfioe of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for P!HASE 11 WAS'l1E WAIl1ER TREAœ~fiEm FAOIUl1IES CON'l1RAm LI B REIBID This oontrad consists of alter- nate at grade typ" covers over the grit and grease hasins, oom- plete odor control system an<l re- quired V'entilation modid!ioations, RESOLUT,IONNO. 359.72 ~EWlJU'l1ION Approving Plat of Lot 21, BlI>Ck 10. Sunset l'a1'k Suh- division WHElREAS there has been filed with the ,City Clerk a plat in which Lot 21 Block 10 Sunset Park Sub- division is platted ,a's Lois ,1 through Lot 4 of Lot 21, Block 10. Sunset P..k Suhdivision in the City of Dubuque, Iowa and, WHERJ!JJ\Ss'aidplat has been examined hy the City Plan Com- mission and had ¡tsapproval en~ dorsed thereon; and, WŒÆ'REAS said plat has been examined hy the City Couneil and they find the same conforms to tbe Statutes and Ordinances relat- ing thereto; NOW, THiEREFORE, BE lT RE. SOlNE[) 'BY THE CLTY COUINŒL OF 'l1HIE CITY OF DUBUQUE, IOW,A: Section I. That the above de. scribed ,plat he and the same is herehy approved and the Mayor and Clerk be and they are here hy authorized and direded to en- dorse the ,approval of the City upon sd plat. Passed, adopted and approved 538 Special Session, November 20, 1972 required mow meaßuring and samp- ling deviceo, a,nd electrical work. BIE Irf 1'HI1illt:EFOR'E REs()['V- ED that the C.ty Cou","il on ils own motion or upon petitiDn of prop"rty owners, deems it adv>s- able and nece~ for libe public weJla"e to make the hereinmen- tio1red improvemeDli, and unJe<¡s PrDP"rty awne"s at the time 01. the final conside"ation of this pro- posed resolution have on file with the City Clerk objections to the amOUDlt of the cost of improve. ment, they shall he deemed to have waived ill objectionlS thereto. Said im¡>r<>vement shall be con. structed ami done in a""ordance with the plans and specifications whiCib bave been prepared there- fore hy the City Engineer which !JaNe been wpproved hy the City Cooooil and are oow on file with .1' the City. C1e"k. Th. at the cost and exp"n.. of making said improve- ment will be paid from the Sani- tation Sewa;ge Rental Fund and a Federal-State GŒ>ant. I The above resolution was intro- duced, approved, and ordered plaœd on file with the City Clerk ttms 6tih day of November, 1971!. Approved and placed on file fur final acti"". 'J)he foregoing resolution was fi- nally passed and adopted, as pro- posed, by libe City Council this 20th day 01. November 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justnulnn Joseph J. Bitter Councilmen Atte&t, Leo F. Fromme!.t City Clerk Councilman Bitter moved final adoption of the resolution. Second- ed hy Councilma,n Pregler. Carried by the fullowing voIie: Yeaß - Mayor Mold"""auer, CouncUmen Bitter, JuslJmann, Pregler, Thoms. Nay,s - None. September 26, 1972 To the !funorahle Mayor and City Coun<:il The construction of 1971 Traffic Signal and Street Lighting prolect and work inJCÍdeDlial thereto in and for the City 01. Duhuque, rowa bas heen substanti,,1Iy complleted in ac. cordance with pi...., s_ifieatio1>S and the coDli""ct by and between Moldt Electric Se1wiœ, IDe. af Du- buque, Iowa' and the City 01. Do. buque, Iowa. GilheIt D. Cbavene1!le City M'aœger Councilman Bitter moved that the commumCl8tion be received and filed. Seconded by CouncUman Pre¡¡1er. Carried by the following vote, Yeas - Mayor MoJdenhauer, CouncÏ'lmen Bit t e r, Justmann, Pregler, '1'hOms. Nays - None. FIINAiL ESTIMATE RESOLUTION NO. 360.72 WHERJEAS, the contract for the 1971 Traffic Signal and Street Lighting Project R.U.T. Fund 45,O3UO U1JiMty Fund 25,7116.411 bas been completed and the City En- gineer bas submitted bls final eo- timate showing the cost 1Ihereof including the cost of estimates, IiOtices, inspection, and prEIParing the assessmeDli and plat, now therefore, BE Irf I\iESIOILVED, by the City Council of the City of Duhuque. That the cost of said Impr<>Ve' ment is hereby determined to he $70,7411.57. That NoDe 01. the cost thereof sha!!! be assessable upon private prop"rty and $70;147.57 sball be paid from the Road Use 'J)ax Fund and Utiliity Fund 01. the City of Dubuque. P,assed, adopted and approved this 20th d"y of November 1972. W'ayne A. MoJdenhauer Mayor Walter A. Pregler Albn T. Thoms C. Rdhert Justma"" Joseph J. Bitter Councilmen Attest: Leo F. Frommelt OOy Olerl< Councilman Bitter moved adop- tion 01. the resolution. Seconded by Councilman P,regler. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays-None. Special Session, November 20, 1972 (A Resolution Accepting Improvement) RESOLUTION NO. 361.72 WIHER:EAS, the contrad for the 1971 Toal!fic Signal and Street I.Jghting Project has been com- pleted and the City Mana'ger has examined the work and filed his certificate stating that the same ha's been completed according to the terms of the contract, plans and speeificamons and recommends its acceptance, now therefore, BE Irf RESOUVEŒJ, hy the City Council 01. the City of Duhuque, that the recommendation af the City Ma",,'ger he approved and that "add improvemeDli he and the same Is hereby accepted. BE Irf FURII1IIiER RESOLVED, th",t the City Tre'asurer he and he is hereby directed to pay to the contractor from the funds to he realized upon the above de. scrihed improvement in amount equ~ to the amount of his con- tract, less any retained percentage provided for therein. PaJssed, adopted and approved this 20th day 01. Novemher, 1972. Way"" A. Moldenhauer Mayor Walter A. Pregler Mlan T. Thoms C. Rdhert Justmann J_h J. BItter Councilmen Mteail:: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion af the resGlution. Seconded hy Councilman Pregler. Carried hy the fuilowlng vote: Yea" - Mayor Moldenhauer, Ooonci1men Bit t e r, Justmsnn, Pregler, Thoms. Nays - None. R'ESOLUTION NO. 362-72 WlH!EREAS, the Meyor's Ind.... trail Committee, composed of Dr. Wayne Moldenhauer, Mayor. Fred Schreiher, chairman of Dock Board, and Rohert Dorothy, Mana" ger 01. Dobuque Industria,l Bnreau, ha.... recommended to the City Council of Duhuque, Iowa, that the applica'tion to purchase cer- , tain real estate by Key City Plu- I ing Company 01. Duhuque, Iowa for the purpose of conßtructing and I erecting thereon a' building con- 539 jaining wpproximately 7000 square feet, he approved, and; WiHEREAS, the City Council of City of Dwhuque, Iowa h.. exa" mined said application and said recommendation hy the Mayor's Ind...trlal Committee and find that the sale of said "eal esta;te should he approved; and WHEmEJAS, said real estate sou¡¡ht to he purchased hy Key City Plating Company of Duhuque, Iowa is described and known as: Lot 1 af Lot 1 of Lot 1 of Block 6, RiveI'front Subdivision No.3, in the City of Duhuque, low"" coI>taining approximately 1.62 ac- res, suhject to exisüng eaac. ments. NOW 11IIER'EFORJE BE IT HIE- SOLVED BY 1'HE CITY COm/GIlL OF mE CITY OF DUBUQUE, IOWA: Section 1. That the wpplicatlon of Key City Plating Oompany af Dubuque, Iowa to purcbaße a par- cel 01. real estate in the City of Dubuque, Iowa which rea!! estate is described and known "": Lot 1 01. Lot 1 01. Lot 1 01. Block 6, Riverfront Subdivision No.3, in the City 01. Duhuque, Iowa', contaiI1lÍDJg approximately 1.62 ac- res, su)¡j<!<:t to existdng ease- ments. he and the same Is herehy alp- proved upon the ful1owmg terms and conditions: 1. That .aid rea! estate be sold to Key City Plating Company fur the construction thereof of a new huilding containing a'pproximately 7,000 squ...e feet. 2. That the sale price for said real estate shall be $.20 per square foot in the tota'l amount af Fourteen Thousand One Hundred Thirteen and 414- 100 ($14,llß.4i4) Doltlars, and the receipt of One Thousand Four Hundred Eleven ($1.411.00) Dollars as down payment Is herewith ",cknowl- edged by the City. 3. That construction of said huilding sha,ll be commenced within one (1) year of adop- tion and the p"s':Jge of this ResolJution and shall he com- pleted within two (2) ye.... Of delivery of deed, and upon failure so to do by the Key 540 Special Session, November 20, 1972 City Plating Company, pur- chaser, said real estate sha!1l automatica!ly revert to the City of Dubuque, Iowa and purchase price, less dama'ges, shall be refunded to the pur- chaser. 4. Tha,t the construction of all buildings, y,a'rds, parking lots, fences and ancillary improve- ments shan be constructed in conformance with existing Ci- ty codes, and manWiadurmg processe's carried out in ac- cord with city ordinances. 5. That the City ()f Dubuque, Iowa' r,etains a perpetual ease- ment for existing waterlines, existing s'anitary sewer and storm sewer lines and for utilities together with right of of ingress and egress to re- pair, inspect and maintain the same. 6. 11hat a,a utilities and services to proposed buildings be CoD- nected at buyer's exp"nse, Section 2. 11hat tlhe City Clerk be and he is hereby authorized and wrected to publish notice of intent to dispose of interest in real estate a's is hy law required. Passed, a!pproved and adopted this 2Dth day of Nov<>mher. 197\!. W,ayne A. MoJdenhauer Mayor WaHer A. Preg'ler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman TholDlS moved ad. option of the resolution. Seronded by Councilman Pregler. Carried by the foilowin,g vote: Ye,a,s - Mayor Moldenhauer, Councilmen B ¡ t t e r, Justmann, Pregler, Thoms Nay's - None. ~ESOLUTION NO. 363.72 BE IT RESOLVEÐ by tlhe City Council of the City of Ð.ubuque, Iowa', that the following having comp:ied with the provi,,;ons of law relating to the sale of Ci. , garett"", wit,hi'n the, City of, .DUbU.\' que, l()wa, be granted a permit to sell Cigarettes and Cigarette Papers within sadd City. University of Duhuque Student PX, 2050 University Avenue BE Iff FURTHER RESOlJVEÐ that the bonds filed with the ap. plication be a!pproved. P,assed, ad()pted and approved this :wth day of November, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allau T. Thoms C. Robert Justmann Joseph J. Bitter Councilmen Attest: Leo F. FrommeJit City Clerk C()uncilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Gamed by the fdllowing vote: Yea. - May()r M"ldenhauer, Councilmen Bit t e r, Justmann, P'regler, TIloms. Nays - None. RESOLUTION NO. 364.72 W!HERÐAS, applications for Li- quor licenses ha've heeD suhmitted to this Council for approva,l an!d the same ha"e heen e"amined, NOW THE'REFORE BE Iff RE. SOLVEID hy the City Council 01. the City of Dubuque, Iowa, that tlhe follow-ing applications be grant- ed and licenses issued upon the complian~e with the terms of the IOWA LIQUOR CON'l1ROL AC'II-- CHAPTER 131-as amended by the 64th General Assembly, 19711. CLASS "C" (COMMERCIAL) BE'ER & LIQUOR LICENSE Town Olock Inn Inc()rporated, 8th & M,ain NeSler Cemer P.assed, adopted and aþproved this 20th day of November, I9'7\!. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Juotmann Joseph J. Bitter Councilmen Attest: Leo F. FrommeJt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Preg'ler. Carried hy the following vote: Yeas - M'ayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Na}"s - None. Special Session, November 20, 1972 RESOLUTION NO. 365.72 WHE:R'EAS, applications for Li- quor licenses were filed hy the I Approved "" within named applicants and they have received the appro,""l of this I Council, and Adopted """"'.............................1973 WiHEIRE~, the premises to be occupied hy such applic,ants were insp"cted and found to comply with the State LaIW and all City ordi- nances relevant thereto and they have filed proper bonds, NOW 11HEREFORE BE l'l' RE- SOLVEiD hy the City Coundl of Dubuque, Iowa, that the Mana,ger be authorized to cause to be is- wed to the follJowmg named appli- cants a Liquor license. OLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE Town Clock Inn Incorporated. 8th & M'ain Nesler Center Passed, adopted ami approvro I Attest. this 2Qth day of November, 1972. . Wayne A. M<ildenhauea- Mayor Waiter A. Pregler Allan T. Thoms C. Robert Justmann Joseph J. Bitter Oounci.Imen 541 ............1973 ,................................ Councilmen City Clerk Attest: Leo F. Frommelt City Olerk Counc'ilman Bitter moved adop- tion of the ,esolution. Seconded by Councilman Pregler. Carried by the following V<>f.e: Yeas - Mayor Moldenhauer, Councilmen Bit t e r, Justmann, Pregler, Thoms. Nays - None. There being no further husiness Councilman Bitter moved to ad- journ. Seconded by Councilman Preg'ler. CaT-ried hy the followmg vote: YealS - M,ayor Moldenhauer, Councilmen Bit t e r, Justmann, Preg'ler, Thoms. Nays-None. Leo F. Frommelt City Clerk 542 Specail Session, November 27, 1972 CITY COUNCIL OFFICIAL $pecial session, November 71, 1972. Council met at 7:30 P.M. (C. S.T.) Present - Meyor Moldenheuer, Councilmen Justmann, Pregler, Thoms. City Manager Gilbert D. Chavenelle. AbsenI- Councilmen Bitter (out of City) Mayor Moldenhauer read the call and stated that service theroof bad beeo duly made and this meeting is c.lled for the purpose of oct. ing upon such business .s may prop"rly come he/ore the meeting. Mr. Pat Conlon addressed the Council by invitalion to give a resume 01. the Youth sercrices group. Communic,ation of Councilman Bitter excusing his "bsence from the meeting .s he attending the meeting of the 49th Annual Con- gress 01. Citi... 01. the National League of Cities in Indianapolis, Ind., presented and read. Mayor Moldenhauer moved that the com- munication he received and filed. Seconded by Counciùnan Jus t- I mann. Carried hy the following vote: Yea's - Miayor Moldenhauer, Counci'lmen Justmann, Pregler, Thoms. Nays - None. Albsent - Councilman Bitter. PrOOf of Publication, certified to by the Puhlisher, of Receipts and Disbursements and a' list of claims for October 1972, presented and read. M'ayor Moldenhauer moved tbait the proof of publication be received and filed. Seconded by Councilman Justmann. CaTrred by the following vote: Yea. - Mayor MOldenhauer, Counc!ilmen Justmann, Pregler, Thoms. NaY" - None. Absent - CouncilJman Bitter. Communication of Peoples Na- tural Gas indicating that the rate increases are to he applied uni- formly to all consumers of natural. gas irregardless of the volumes purchased, thereby clearing up any misunderstanding that may have been caused from the.ir communi. cation of Novemher 15, 1972, pre- sented and read. Mayor Molden- hauer moved that the communic,a. tion be received and filed. Second- ed by Couneilman Juotmann. Car- ried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Just""""" Pregler, Thoms. NaY" - None. Albsent - Councilman Bitter. Communication of City Manager for resuhmission along with Pulice Department Handbook to comply with former instruction, forward from Council meeting 01. Novem. ber 20th, presented and read. Coune!man Thoms moved to di. rect the Manager to proceed with appoinlmeDt 01. a task force, with partreular attention to I1ar.graph s..A and Paragraph B as outlined and providing for the addition 01. a Po&e Ca~ain to the member. ship. Seconded by Councilman Pregler. Carried by the following vote: Yea>; - M'ayor Moldenhauer, Councilmen !>regier, Thoms. Nays - Councilman Justmann. Absent - Councilman Bitter. November 22, 197~ To the Hionora!ble M'a:yor and City Councia I return to you for further in. struction about the request of Mr. John V. Meehan for an easement for a! driveway to Lot #2 Eagle Poinit View located on Eagle Point Drive. On August 30, urn the council considered the matter. A motion wa's passed authoriMg the city manager to issue a revocable per- mit and to e"",hange prop"rty. I!t was desired to ex<:'hange park land with Mr. Meehan for his Iol and then grant a driveway p"rmit in order not to separate pari< land hy an intervening privalte owner- ship. I h8IVC not Issued the permit bec'ause the land has DOt been CJOchanged. It has heen asserted hy Mr. Mee. han's representative that the pari< land could not be lI'ansferred wi1/h proper title without some declara- tory judgement action to correct the dellect. Specail Session, November 27. 1972 In telephone conversation with Mr. Meehan on November 151th, he exIplained to me that, a""ording to council instruction, it was my responsibility to either .,"change 1/he property and provide prop"r title action at city expense or is- sue to him a' permit for driveway to his lot. I do not agree with this inter- pretation and, consequently, I again request your con'sideration oil the matter. Since the request wa,s initiated by the petitioner and for his hen... fit, Itnd since the project can only he IIICcomplished either hy permit- ting a drive to private property located between park land pa1'Cels, or by conducting' the transaction at city -, I recommend ¡bitt the petition he deniied. Gilhert D. ObaveneUe City Manager CouncilmŒl Pregler moved tbat 1/he communicatron he tæbled and referred to the meeting of Decem- ber 11th. Seconded hy Councilman 'I1homs. Carded hy the following vote: Yea. - Mayor Moldenhauer, Councñmen Juotmann, Pregler, '!'boms. Nays - None. Albsent - Councilman Bitter. Councilman Pregler moved that the rules he suspended in order to lei anyone present address the Council if they so desire. Seconded by M'ayor Molidenhauer. Carried hy the following vote: Yeas - Ma:yor Moldenhauer, Councilmen JUstm,aDD,' Pr, egler, ' I 'I\ho1Dll. Na:ys - None. Absent - Councilman Bitter. AJttorney Van Ef1ten Addressed the CouDcil relative to !;and ac- quisition for Mr. Meehan hy stating that the matter is just "bout one year Old and pleaded for some aetton. Ms:YOr Moldetlhauer' s weeldy Mayor's report dated November 26, 1972 WIllS presented for filing. Mayor Moldenhauer moved that the repol't he received and !lled. Seconded by Councilman Jus t- mann. Ca,rried hy the followin'g vote: Yea. - Mayor Moldenhauer, 543 Councilmen Justmann, Pregler, Thoms. Nays - None. Absent - Councilman Bitter. Notice from Federal Communi- cations in re the Application of Teleprompter OaIble Communica- tions Corporation for certificate elf com¡lliance to swbstitute a tele. vision signal on an exili>tmg calble television system serving Dubuque and E'ast Duhuque, presented and read. M'ayor Moldenhauer moved that the notice be re<:eived and med. Second<!d by Councilman Pregler. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen J...¡mann, !>regier, Thoms. Nays-NOne. Absent - Counci.lm,an Bitter. November 24, 1972 Hionoraible Mlayor and City Council The City of Du'buque Planning a,nd ~ Commission has heiId a public hearing on a' proposed amendment to Ordinance No. 3-.'14. enacting a new Section 2 01. Ar- ticle IV, thereof, establishing and defining the uses per,mitted in a Multiple Residence District. The Commission has considered tbat the effect of the amendment is limited to a restriction on the sale 01. material ,goods in premi:seo cla,ssified In the Multiple Resi. dence Distrie!:, aecordiog to pro- visions of proposed subparagraphs (j) and (k). In its study 01. this a'mendment, the Commission deter. mined that such a restriction has no present or foreseel1Jble applica. tion to uses now permitted within the Multiple Residence DisMe!: in- soliar as the Zonmg Ordinance now COD t .. iDS adequate -guanIB a'gainst unrestricted sales activi- ties in this :ooning district. The Commission has also comsidered that the principal. thrust oIf the ~ may he directed aga;naIt the eslJaiblishment of medi. caI oMice apothecaries in MuIti- pIe Residence Districts. The referral 01. this proposed 811Dendmeøt indicates that the med- i""l oIIficð-apotbeca.-y issue Is stili unresolved. In tms regard, the Plannmg and Zoning Commission wishes to a¡gain express its wrani. 544 Specail Session, November 27, 1972 moUB recommendation in fa""r of permitting limited drug dispensing activities in conjunction with medi- cal of.¡fice development. In its examination of thi<¡ issue over I< period of three yea,rs, it has been the judgement of the Commission that medical offices and apothecaries could be estab- lished in the vicinity of any of I the loea!! hospiWs without creati,Dg a suhstantia,l haTdship on the im- mediate bos,pital neighborhoods or , on the oommunity-at-!.a"ge, "n d that a significant pulbli6: benefit could be provided in this develoop- ment. The Commission has held public hearings on and haa ap- proved two separate ordinance amendments thalt would provide for apothecaTY development onder controlled cireumsla<nces, and ur- ges you to reconsider the adop- tion 01. either of these prior pr0- posals. In the matte,r 01. the proposed I<mendment to snbparagr"1'hs (j) and (k) of seetion 2 01. Artide IV. it is the finding of the Com. mission that this amend- serves no ~ail puf!POSe, and it is recommended that you reo ject this propo..l. CITY flr-ANmNG AND WN1ÐNIG OOM'MJSSIDN Dam"l Dittemore Dev,elopment l"1anner Mayor MDldenhauer moved that the communication be received and filed. Seconded hy Coondlman Justmann. Carried by the fol1Mving vote: Y"as - Mayor Moldenhauer, Cou""llmen Justmann, P'regler, Thoms. Nays - None. Absent - Counciloman mtter. , Jerome M. Fladoos addressed I the Cou""i!., relative to. his petition presented 811. the Council meeting of November 6th, for the use 01. tIJ.. CoImc:iI Cha'mb&r on December 1, 1972 to conduct a panel dis- cussion of the Dubuque Freeway proposal. E.-idently through lack 01. communication, and a fear on 1h& pan of .ome members of the Couli<:il, as to using the Cham'her for such a purpose Mr. Fladoos was not sure that he had proper permission. Counci1man Justmann moved that permission be granted to Mr. F!adoos. Seconded by M'a. yor Moldenhauer. Carried by the foilowing vote: Yeas - Mayor Moldenhauer, Councilmen Justmann, Pregler, Thoms. Nays - None. AJbsent - Councilman Bitter, ~DI:NANCE NO. 62-72 An ordinance amending and cheng. ing Or-dinance No. 3-34 known as the "Zoning MIl> and Zoning Or. dinance 01. the City of Dubuque, Iowa" by _1,1ng S_on 2 of Article IV thereof end enecting a -- Section In lieu thereol. es- tablishing end defining tho uses permitted in a Mu/ti>Ie Residence District, presented and reed. ,Mayor Moldenhauer moved that the reiading just had be considered the fil1St reading of the Ordin!l!llCe. Seconded by Councilman Jus t- mann. Carried by the following vote: Yeas - Mayor Moldenhauer, Councilmen Justmann, Thoms. Nays - Councilman Pregler. Absent - Coundlman Bitter. Mayor Moldenhauer moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by CoUDCil- man Justmann. Carried by the fol- lowing vote: Yeas - M'ayor Moldenbauer, Councilmen Justmann, '.11homs. Nays - Conndlman Pregler, Absent - Councilman Bitter. M<lyor Moldenhauer moved that a public hearing be held on the Ordinance on DeoomlJer 18. 1m at 7:30 o'clock P.M. in the Council Cœmher a. the City Hal! and that the City Clerk be instructed to puhlish notice of the bearing in the manner required by law. Se. conded hy Councilman Justmann. Carried by the following vote: Yeas - Mayor Møldenhav.er, Couneilmen Justmann, Thoms. N.y. - Councilman Pregler. AJbsent - Councilman Bitter. !\loti"" of clmim 01. James M. Downey in the amount of $M.'1\!, for car dama'ge incurred as the result of said car heing struck hy a city-owned garbage truck in Specail Session, November 27, 1972 545 the alley aIt W. lilrth street on I Novem!her 24, 1972 Novembe. r 22. 197~" presented and I HOnOnlb,le Mayor read. Mayor Moldenhauer moved and Council that the notice of ciai~. be re, The Dubuque Planning and Zon. ferred to the City SolicItor for ing Commission has exa'mined the investigation and report. Seconded proposed firuaI pia. ad' Lots 1 by Councilman Pregler. Carried through 3, indusive, of Block 7 by the followmg vote: ad' "Thomas Farm Addition" in Yeas - M,ayor Moldenhauer, the City of Dubuque, Iowa. The Councilmen Justmann, P,regler, Commission has determined that Thoms. this plat c011!forms to the approved Nay,s - None. preliminary plat of this area' and AJbsent - Councilman Bitter. meets the requirements of the Suh. Petition of Linda' M. Hindley et dimion Ordinance. It is the .re- al. residents of Lorimer Street, commendallon ad' the CommIssIon requesting tbat the name of Lori- th;~:i'e ¡>la. be approved as suh. mer street be changed to read m, . St. George Street, presented and read. Councilman Thoms moved that the petition he referred to the Planning & Zoning Commis- sion. Seconded hy Counl'ilman Just- mann. Carried by the foilowing vote: Yeas - Mayor Moldenhauer, Councilmen Justmann, Pregler, Thoms. Nays-None. Absent - Councilman Bitter. Petition of Mrs. Veronica Strand- berg, by Hat Reynolds attorney, requesting rezoning of the prop"rty at 2400 Central! Áve. from Multiple Residence District to Business Di,s. triet Classification, described a's Lot 2 of 2 of Lot 111 and Lot 1 of 2 of Lot tl in Wul1web- Suh., preset>ted and read. Council. man Thoms moved that the p". tition he referred to the Planning & Zoning Commission. Seconded by Councilman Justmann. Carried hy the foilowing vote: Yeas - Mayor Moldenhauer, Coun<:ilinen Justmann, Pregler. Thoms, Nays - None. AJbsent - Councilman Bitter. Petition of Peoples Naturat Gas requesting permission to excavate in W. 3rd street, near Burch street, to repair ¡¡as 'Jew, presented and read. eou""ilman Thoms moved that the petition he gMnted. se. conded by Ma'yor Moldenhauer, Carried hy the f,,!lowing vote: Yeas - Mayor Moldenhauer, Councilmen JUS1mBDD, Pregler, Thoms. Nays - None. Albsent - Councilmen Bitter. CITY PJ...ANNiLNG AND ZONillNG COMMJiSS(¡ON Daniel Dittemore Development Planner Councilman Pregler moved that the communication be received and filed. Seconded hy Mayor Molden- hauer. Carried hy the following vote: Yea. - M,ayor Moldenhauer, Councilmen Justmann. Pregler. Thoms. Nays - None. AJbsent - Councilman Bitter, R,ESOLUTION NO. 366.72 Resolunon approving the pia' of Block 7 in "Thomas Farm Addi. tion" in the City of Dubuque, Iowa WHERE,AS, there has been filed with the City Clerk a' plat of the Subdivision to he known as Block 7 in "Thomas Farm Addition" in the City of Dubuque, Iowa. by Rilchard C. Henschel and Mildred L. Henschel; and WŒIERiEAS, upon said plat ap- pear streets to be known as Valen- tine Drive, together with certain publie utility easements which the Owners hy said plat h...e dedieaWù to the puhlic forever; and WHERE-AS. said ¡>la,t ha's been examined by the City l'lanning an" Zoning Commission and bad its'áWto\7al endorsed titereon; and WŒfEiREAS, saId plat has been examined hy the City Council and they find that the same conlorms to _tea and -nee. relating thereto, ""ccpt that street g,rades have not been estahlished, the streets brought to grade, or paving, sewer or water installed; 546 Specail Session, November 27, 1972 December I, m4, and to construct the sidewwll<s prior to December I, 1976; and further provided that"" i d Richard C. Henschel and Mildred L. Hensche'! as owner of said Sub- division, secure the p"rfurmance of the foregoing conditions by pro- vidiing security in such for,m and with such sureties as may be ac- cepta,ble to the City Mana,ger. Sedion 3. That in the event Richard C. Henschel and Mildred L. Henschel, sha!l iail to execute the IIICceptance and furnish the se. curity provided for in Section 2 here<JIÍ within 45 days aifter the date 01. this Resolution, the pro- Viisions hereol. ShaiJi be null and void and the acceptance 01. the dedication and approV'al of the plat shall not he effective- I1ASSEiD, ~ AM> AIP- POOVE!D hy unwmimous recorded roil call this 27th day 01. Novem- her, A.D., 1972. Wayne A. MoJdenbauer Mayor Waiter A. Pregler Allan T. Thoma C. Robert Justmann Counciimen NOW ~, BE IT RE. SOINæ:D BY 'l1IIiE 01TY COUNCIL O,F11HE 01TY OIF DUBUQUE, I IOWA: Section 1. That the dedications of Valentine Drive together with the e...ements for pua>lic utilities as the same appear upon said plat, be and the same are herelhy accepted; Section 2. That the plat of Blocl< 7 in "Thorn... FaTm AdditJioo" in the City of Dubuque, Iowa, be and the same is herehy approved and the Mayor and City Clerk are hereby authoriBed and direct- ed to endorse the approV'ai of the City of Duhuque, Iowa, upon said plat, provided tbe owners 01. said property herein named, execute their written acceptance hereto at- . tached a,greeing: a. To reduce aM. streets to grade and to construct concrete curh and gutter and to bard surtflllCe Valen. tine Drive with hituminous con- crete, or with concrete pa'Ving with integrail curh, an in accordance with City of Dubuque standard spe. cifications; h. To _all sanitaTY sewer mains and sewer seI1Vice latera'¡s in accordance with pla,ns submitted with the plat; Attest: c. To inotaU water mains and Leo F. Fromme]; water serwce laterals in accor- City Clerk dance with plans submitted with the ptwt; ACOE,PTANCE OF RESOLUTION d. To instan siorm sewers and NO. 366-72 catchbasins in accordance wit h We, the undersigœd Richard C. plans submitted with the plat; Henschel & Mildred L. Hens<:hel e. To install concrete sidewall<s ha,ying read the terms and cooo;. ... required by Ordinances, and tions of the foregoing Resolution where directed hy the City Engi- No. 3116-72 and being familiar with neer and the City M,anager; the conditions there<JIÍ, berelby ac- f. To construct the foregoing im- copt the same and a'gree to per- provements in accordance wit h form the conditions required there- plans and spe<:ifications approved in. hy the City MaD8Jger, under the Dated at Dubuque Iowa this inspection of the City Engineer, :!7th day of Nove*, 197IÍ. and in a manner approved by the s Richard C. Hensche'! City M,ana'ger; s Mildred L. Henschel g. To maintaÙl the foregoing im- TO' provementa for.. period of four Leo F FrommelJt (4) years from the date of their City cieri< acceptance hy the City of Dubuque. This is to certlify that the so- Iohwai" id the '-reg~¡ng' ~, curity provided by the furegoing . .0 prov e '" v w- RiESOlJUII1ON NO. _72 bas been struction an<! IMåntena~ at th!' furni8hed by the ownen. ~~I:r.r~~S~~:~ISU~:~Vl~~d~':¡ Dated at Dubuque, Iowa, 1Ibis L. Henschel, as owner; 21st day 01. Decemher, 1972- i. To construct said improve- GilJ>ert D. Obavenel1e ments, except sidewal<s, prior to City Manager Specail Session, November 27, 1972 Councilman Pregler moved adop- tion 01. the resolution. Seconded hy Mayor Moldenhauer. Camed by the following vote: Yeas - Mayor Moldenhauer, Councilmen Justmann, Pregler, Thoms. Nays - None. Ahsent - Counci.Jman Bitter R'ESOLU'I'ION NO. 367.72 BE rrr RÐSiOLVIEID by the City Council 01. the Oity 01. Duhuque, Iowa, that the following b..ving complied with the provisions 01. law re'lating to the sale 01. Ci- ga,rettes within the City 01. Du- buque, Iow,a, he granted a permit to sell Cigarettes and Cigarette POJM"" wòthin said City. Bur,ger Kfug #11100, 1350 J. F. Kennedy Road BE rrr F\URII1HIER IIiESOLVEiD that the bonds med with the II>- plication be approved. Pa'ssed, adopted and approved this :mh day of November, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Councilmen Attest: Leo F. FrommeJt City CIeri< Mayor Moldenhauer moved adop- tion of the resolution. Seconded hy Councilman Preg'le¡-. CMTied by the following vote: Yeas - Mayor Moldenhauer, Councilmen Justmann, Pregler, Thoms. Nays - None. Absent - Councilman Bitter. RESOLU'I'ION NO. 368.72 WllIEiRiEAS, a,ppl>cations for IJi- quor licenses halVe heen submitted to IiIiI CouDcn for appr<wa.J 88Id the ...me ba<ve been examined, NOW 'IlHEREFORE BE rrr 00- SOLVEiD by the City Couocil of the City 01. Dubuque, Iowa, that the fuIIowông applicatiol>S be grant. ed and ¡¡ceuses issued upon the compiance with the terms of, th. e I IOWIA I.,IQUOR CONTROL ACT- CHiAiP'l'EIR JaI¡-.;as amended by the 6Itth General Assembly, 1Ø'1Il. 547 C'LASS "C" (COMME'RCIAL) BIER & LIQUOR LICENSE Raphael William G~ant, 3050 Al>- bury Road Richard J. Hantelmann, 902 Main Street Passed, adopted and BlPproved this :mh day of November, 1972. WlaYJæ A. Moldenhauer Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Councilmen Aittest: Leo F. FrommeJt City Clerk Mayor Moldenhauer moved adop. tion 01. the resolution. Seconded hy Councilman Pregler. Ca.-ried by the following vote: Yeas - M,ayor Moldenhauer, Coun.,;g.men Justmann, Pregler, Tho_. Nays - None. Absent - Couneilman Bitter. R'ESOLU'I'ION NO. 369-72 Wißji]ß,EAS, applications for IJi- quor licenses were filed by the within named applicants and they ha'Ve received the 8Ippro.,al 01. this Council, an<! WHEIREAS, the premises to be occupied by such applicants were inspected and found to comply with the State ÙlIW and aU City orm- nances relevant thereto and they h..ve med proper bonds; NOW 'I1HERœ:FOIIiE BE IT RE. SOINIEID hy the City Council 01. Dubuque, Iowa, thwt the Mana,ger be authorized to cause to be is- sued to the fuIlowing named II>- ¡jIicants a Liquor license. C'LASS "C" (COMM,ERC'IAL) BEER & LIQUOR LICENSE RapllaØl William GNlnt, 3050 Al>- hury Road Richard J. Hanilelmann, 902 Main Street Passed, adopted 88IIi approved this Z71th day 01. November, 1972. Wayne A. Moldenhauer Mayor Walter A. Pregler Anan T. Thoma C. Robert Justmann Councilmen Attest: Leo F. F'rommeJt City CIeri: 548 Specait Session, November 27, 1972 Mayor Molde!lthauer moved adop- tion of the resolution. SeooDded by Counctlm..n Pregler. Carried by the following vote: Yea's - Mayor Moldenhauer, Councilmen Justmann, Pregler, Thoms. Nays - None. Abse<\t - Coundlman B1tter. At 10:30 P.M. Mayor Molden- hauer moved to go into an ex""U- tive session to discuss a staff re- port on walges for the Operating Engineers, also to consider.. re- newal of a beer and liquor li- cense as the result 01. a recom- mendation submitted hy the Police Chief, a!so to consider members to various Boards and Commis- sions. S""onded by Councilman Pregler. Carried by the following vote: ' Yeals - Mayor Moldenhauer, Councilmen Justmaun, Pregler, Thoms. Nays - None. Absent - CounciJman Bitter. Council r""onvened in regular session at ~1:28 P.'M. Counci1man Pregler moved that' the application for renew,al for a combination beer and liquor I i- cense "" submitted hy Cla"a L. Johnson be denied. Seconded by Mayor Moldenhauer. Vote on the motion was as follows: Yeas - Mayor Moldenhauer, Counci!man Pregler. Nay,s - Councilmen Justmann, Thoms. Absent - Councilman Bitter. Mayor Moldenhauer submitted the names of Daniel E. We1u a. an a,ppointment to the Police fue Pension and Retirement Board to iin the uneJliPired term of N. J. Greteman to 4.1.74 and Wil1ialm McEl!hiney to Dock Commission for a three year term to lii-26-i15 to rep!aœ Joseph Voellrer. Councilman Pregler moved ..ti- fieation of the a,ppQintments. Se- conded hy CouncRman Juirtmann. C_1eù by the fo1Wwing v<Jte: Yeas - Mayor M<>idenhauer, Councilman Justmann, Pregler, Thoms. Nays - None. Absent Councilman Bitter. There bei.ng no further business Councilman Thoms moved to ad. journ. Seconded by Councilman Pre¡ler. Ca,rried by the folliowing vote: Yeas - Miayor Moldenhauer. Councilmen Justmann, Preg!er, Thoms. Nays - None. Absent - Councilman Bitter. Leo F. Frommelt City Olerk Approved ....................................1973 Adopted ......................................1973 Couneilmen Attest: ...........................................,.... City Clerk Regular Session, December 4, 1972 CITY COUNCIL OPPICIAL R_lar s.salon, December 4, 1972. Council met at 7:30 P.M. I,C.S.T.) Present.Mayor Mol clenhauer, Councilmen Bitter, Justmenn, Pre. gler, Thoms. City Manager Gilbert D. Chavenelle. MaYQr Moldenhauer read the call and stated that sewice thereof had been dwly made and this meeting is the Regular Monthly Meeting called for the purpose of acting upon such business as may proper- ly come before the meeting. Communieation of Low Rent Housing submitting minutes 01. their meeting 01. November 21, 1972 presented and read. Councilman Pregler mQved that the commun- ication he received and filed. Se- conded hy Councilman Bitter. Ca". ried by the following vote: Yeas - Mayor MQldenhauer, Councilmen Bit t e r, Justlnann, Pregler, 'J1bmns. Nays-None. CommuniocatiQn 01. C Q U n cilman Justmann suggesting development of strategy for deV<!lopment of the 4th and 6th street eJ<tension areas and recmnmending coordinated de. velopment of the area to be soli. cited fr<1Il1 the private and pnhlic sector, presented and read. Coun. cilman Thoms moved that the com- munieation he referred to the Man- ager for a report and.or implemen. tation. Seconded hy Councilman Justmann. Carried by the follQw- ¡ng vote: Yeas - Mayor Moldenhauer, Councilmen Bi t t e r, Justlnaun, Pregler, Thoms. Nay,s-None. Communication of Gen. R. Bur- den expressing a desire for the preservation of the City Hall and if the architects find remodeling feasihle he would he m favor of the building heing occupied by the City, presented and read. Council- man Pregler moved that the C<1Il1- munication be r""eived and filed, Seconded by Councilman Bitter. Carried hy the following VQte: Yeas - Mayor Moldenhauer, Coundlmen Bit t e r, Justmann. Pregler, Thoms. Nays-None. 549 Commumcaüon of Key City News Media Ass'n. refusing aeeeptance of offer to seat a news person on the police handhook taslt force, presented and read. Councilman Bitter moved that the communi. cation he received and filed. Sec. onded by Councilman Pre,gler. Car. ried by the following vote: Yeas - Mayor Molden!1auer. Councilmen Bit t e r, Justmann Pregler, ThQms. Nays-JNone. Communication 01 Captains of the Dubuque Poliœ Department doolining membership on the Task Force in regard to the Manager's su,ggested HandhoQk which in tbeir opinion is duplieation of policies nQW in elfect, presented and read, Councilman Bitter moved that the com'rnun;ca.tÌ<Jn he received and file ed. Seconded hy Councilman Just. mann. Carried by 1ihe following vote: Yeas - Mayor Moldenhauer. Councilmen Bit t e r, Justmann. Pregler, Thoms. Na,ys-JNone. Communication of DUbuque Park Board and Reereatlon Commission r",,<>mmending approval 01. option to purcl1ase Qf 35 acres of land Imown as the Reed property 10. cated on the old BeI1evue Road, near Metropolitan Heigbts, for fu. ture expansion, all in agreement ,with trustees of E. B. Lyons estate, presented and read. M,ayor Molden- hauer moved that the rules he susp"nded in order to let anyone presellt a<ldn>sa the CouDICIl if SO desire. Seconded by Cooncilman Pregler. Carried hy the following vote: Yeas - Mayor Moldenhauer, Councilmen Bitter, Justmanll, Pregler, Thoms. Nays-None. Park Board Commissioner Tho. mas G. Schrup addressed the Coun cil as heing in favor 01. acquirinç the proJM>rty on the Old Bellevue Road, knQWn as ,the Reed property Mr. Edwin Lee Lyons showed fHms of the property. Councilman BlUer moved that the communication of the Parle Boom be received and filed and voke approval be given on the option to purchase the Reed property and the Mayor be author. ized to ágn. Seconded by Oouncil-