1972 July Council Proceedings
Regular Session, July ,3, 1972
303
CITY COUNCIL
OFFICIAL
Regular Session, July 3, 1972.
Council met at 7:30 P.M. (D.S.T.) ¡'
Present - Mayor Moldenhauer,
Councilmen Bitter, Jus t man n,
Pregler, Thoms. City Manager Gil.
bert D. Chavenelle.
Mayor Moldenhauer read the call
and stated that service thereof had
heen duly made and this is the
REGULAR MONTHLY MEETING
of the Council called for the pur-
pose of acting upon such business
as may properly come before the
meeting,
Communications of Mayor Mol-
denhauer, submitting weekly May-
or's reports to the Council, dated
June 25, and July 2, Hm, pre-
sented and read. Councilman Just-
mann moved that the communica-
tions be received and filed. Sec-
onded by Councilman Pregler.
Carried by the following vote:
Yeas - Mayor Moldenbauer, I
Councilmen Bitter, Jus t man n,
Pregler, Thoms.
Nays-None.
Communication of Congressman
Culver stating that the State and
Local Fiscal Assistance Act which
was passed by the House would
provide an annual apportionment
of $885,245 to the City, presented
and read. Councilman Justmann
moved that the communication be
received and ~iled. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitter, Jus t man n,
Pregler, Thoms.
Nays-None-
Communication of Dub u que
County Mental Health Center
agreeing to commit themselves to
15 hours per month of staff time,
which would amount to $1,687,50,
to be donated to the Big Person
Program in the FederalIy funded
project known as Dubuque Youth
Services Project, subject to sev-
eral requests, presented and read.
Mayor Moldenhauer moved that
the communication be referred to
the Manager. Seconded by Cðun-
~ cilman Justmann. Carried by the
, following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitter, Jus t man n,
Pregler, Thoms.
Nays-None.
Communic'ation of Low Rent
Housing Commission submitting
minutes of their meeting of June
13, 1972, presented and read. Coun-
cilman Pregler moved that the
communication be received and
filed. Seconded by Mayor Molden-
hauer. Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitter, Jus t man n,
Pregler, Thoms.
Nays-None.
Communication of League of Io-
wa Municipalities advising of a
"Grass Roots" regional meeting
to be held on July 13th at West.
minster Presbyterian Church, with
special emphasis on inV'iting alI
Council members and candidates
for State and local office, present-
ed and read- Councilman Pregler
moved that the communication be
received and filed. Seeonded by
I Mayor Moldenhauer. Carried by
, the folIowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitter, Jus t man n,
Pregler, Thoms.
Nays-None.
Proof of Publication, certified to
by the Publisher, of Statement of
Receipts and Disbursements and
list of claims for May 1972, pre-
sented and read. Councilman Preg-
ler moved that the proof of pub-
lication be received and filed. Sec-
onded by Mayor Moldenhauer, Car-
ried by the folIowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitter, J n s t man n,
Pregler, Thoms,
Nays-None.
Communication of Iowa State
Highway Commission submitting
agreement for Primary Road Ex-
tension Maintenance and operation
from June I, 1972 to June 30,
1973, in the amount of $3583.50
and requesting execution, present.
ed and read. Councilman Pregler
moved that the agreement be ap-
proved and referred to the Mana-
ger for execution. Seconded by
Regular Session, July 3, 1972
- -------- -
Councilman Bitter. Carried by the I c. To investigate other matters
following vote: at issue in the area but unre.
Yeas - Mayor Moldenhauer, rated to the vacation of the right.
Councilmen B ¡ t t e r, Justmann, of.way.
Pregler, Thoms. A recommendation from the Ci.
Nays - None. ty Planning and Zoning Commis.
Junc 30, 1972 sion on the above described alley
Honorable Mayor and vacation will be forthcoming fol.
Council Members lowing the next regularly scheduled
The City Planning and Zoning meeting of the Commission on Ju.
Commission has reviewed a pro- ly 26. 1972.
posal to vacate a public street CITY PLANNING AND
within portions of Bethany Addi. ZONING COMMISSION
tion and St. Francis Subdivision Daniel Dittemore
in the City of Dubuque, Iowa. All Development Planner
of the property adjacent to and Councilman Thoms moved that
surroundmg sa1d pubhc road 1S the communication be received and
o~ned by the SlSters of St. Fran. filed. Seconded by Councilman
clS and Mount Calvary Cemetery Pregler. Carried by the following
Assoc¡al1on. t
The Commission can see no pre. vo;~as - Mayor Moldenhauer,
sent or future pubhc need for the Councilmen Bit t e r Justmann
street. It is the Commission's reo Pregler, Thoms.' ,
commendal1on that the nght.of. Nays - None.
way be vacated and that the pro.
perty be made available for pri.
vate use subject to any necessary
utility easements.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Pregler moved that
the recommendation be referred
for proper proceedings. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
304
June 30, 1972
Honorable Mayor and
CouncH Members
The City Planning and Zoning
Commission has reviewed a pro.
posal to vacate an alley lying west
of Concord Street from Coates to
Marion Street in the City of Du.
buque, Iowa, in accordance with
petitions submitted to you by Mau.
rice J. Hall and others.
The CommisS'Îon has moved to
table the petition and to refer the
matter to the staff and City So.
licitor for purposes as folIows:
a. To determine the actual width
of the public right-of-way for va.
cation.
b. To determine the possible be.
nefits accruing to property owners
from the proposed vacation.
June, 30, 1972
Honorable Mayor
and Council Members
The City Planning and Zoning
Commission has held a public hear.
ing on a proposal to reclassify
portions of Mineral Lots 130 and
140 in the City of Dubuque, Iowa,
from Single Family Residence to
Multiple Residence classification
with inclusion in subsection (m)
of Section 2, Article IV of the
Zoning Ordinance. This reclassifi.
cation is to permit development
of a mobile home park on this
property.
The Commission bas reviewed
the preliminary development plan
for the mobile home park, has
found this plan to be in accor.
dance with the Mobile Home Park
Development Policy of the City
of Dubuque. It is the recommen.
dation of the Planning and Zoning
Commission that the proposed reo
classification of portions of Mi.
neral Lots 130 and 140 be ap.
proved. It is further recommended
by the Commission that tbe mobile
home park plan be approved sub.
ject to conditions as follows:
L That the final development
plan conforms to all specifications
of the Mobile Home Park Develop.
ment Policy of the City of Du.
buque.
2. That the final development
plan includes provision for vegeta.
-.---
Regular Session, July 3, 1972
tive screening of the park along I
Fremont Avenue and that interior
portions of the park be adequate.
ly landscaped, including tree plant.
ing.
3. That the terms of operation
of this park restricts it occupancy
to students and.or staff of the Wart.
hurg Seminary only.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Mayor Moldenhauer moved that
the recommendation be referred
for proper proceedings. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas - Mayor Moldenhauer,
~~~;I~;~':Fho~;t t e r, Justmann, I
Nays - None.
June 30, 1972
Honorahle Mayor
and Council Members
The City Planning and Zoning
Commission has held a public hear.
ing on an amendment to the Zon.
ing Ordinance of the City of Du-
huque, Iowa, known as Ordinance
No. 3-34, to increase the maximum
height limitation on rear y a r d
fences from five feet (5') to eight
feet (8').
The Commission has determined
that the proposed amendment is
in conformance with its recom-
mendation on rear yard fence
height as set forth in the proposed
zoning ordinance. Therefore the
Planning and Zoning Commission
recommends that the amendment
be approved.
~Ò1~N¿;r;~~~I~ I
Daniel Dittemore
Development Planner
Councilman Justmann moved for
rejection of the recommendation.
Seconded by Mayor Moldenhauer.
Vote on the motion was as fol.
lows:
Yeas - Councilman Justmann.
Nays - Mayor Moldenhauer,
OouncUmen BiHer, Pregler,
Thoms.
MOTION FAILED.
Mayor Moldenhauer moved that
the recommendation be referred
for proper proceedings. Seconded
by Councilman Pregler. Carried
hy the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None,
ORDINANCE NO. 41-72
An Ordinance amending Ordinance
No. 3-34, known as the Zoning Or.
dinance and Zoning Map of the
City of Dubuque, Iowa, by repeal-
ing Section (5) of Article IX, there.
of, and enacting a substitute there-
fore, (fence heights),
presented and read.
Councilman Bitter moved that
the reading just had be consider.
ed the first reading of the Or.
dinance Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Pregler,
Thoms.
Nays - Councilman Justmann.
Oouncilman Bitter moved that
the rule requiring an Ordinance
to he read on three separate days
be w,aived. Seconded by Council-
man Pregler. Carried by the fol.
lowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Pregler,
Thoms.
Nays - Councilman Justmann.
Councilman Bitter moved that
a public hearing be held on the
Ordinance on August 7, 1972, at
7:30 o'clock P,M. in the Council
Chamber at the City Hall and that
the City Clerk be instructed to
publish notice of the hearing in
the manner reqnired by law. Se.
conded by Councilman Pregler.
Carried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Pregler,
Thoms.
Nays - Councilman Justmann.
June 26, 1972
To the Honorable Mayor and
City Council
A request has been received for
additional street lighting on Shiras
Avenue between Lincoln Avenue
and Orchard Drive.
I! is recommended that (13) 4000
lumen incandescent fixtures be re-
placed with (18) 7000 lumen mer.
cury vapor fixtures and that the
old locations be respaced.
Gilbert D. Chavenelle
City Manager
305
Regular Session, July 3, 1972
---------- ----
Councilman Bitter moved appro. Justmann. Carried by the foilowing
val of tbe recommendation. Se. vote:
conded by Councilman Pregler. Yeas - Mayor Moldenhauer,
Carried by the following vote: Councilmen Bit t e r, Justmann,
Yeas - Mayor Moldenhauer, Thoms. .
Councilmen Bit t e r Justmann Nays - Counc1lman Pregler.
Pregler, Thoms.' ,
Nays - None.
306
June 26, 1972 I
To the Honorable Mayor and I
City Council
A request has been received for
a street light at the intersection
of Van Buren and Fairfax.
The area bas been observed and
it is recommended that the exist.
ing 4000 lumen light at Van Buren
and Mcpoland be replaced with
a 175 watt mercury vapor ligbt.
It is expected that this will im.
prove the lighting over the Fair.
fax portion of the intersection.
Gilbert D. Chavenelle
City Manager
Councilman Bitter moved appro.
val of the recommendation. Se.
conded by Councilman Pregler.
Carried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
June 26, 19'12
Honorable Mayor and
City Council Members
The plans for proposed Car Wash
behind Remy's DX Station owned
by the Sun Oil Company at 3355
Pennsylvania Avenue, corner of
Pennsylvania Avenue and John F.
Kennedy Road, have been ap.
proved by the Engineering and
Buildin,g Departments.
I recommend that a permit be
issued for the same.
Gilbert D. Chavenelle
City Manager
Mayor Moldenhauer moved ap.
proval of the recommendation. Se.
conded by Councilman Bitter. Car.
ried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Mayor Moldenhauer moved to
table the motion until the next
meeting. Seconded by Councilman
June 26, 1972
To the Honorable Mayor
and City Council
'I'his is to advise you that the
unfinished portion of the 1971 Con.
crete Curb and Gutter Project No.
1 has now been completed in ac-
cordance with tbe City of Dubuque
plans and specifications; namely
the finish grading of slopes and
seeding or sodding, where called
for in the specifications and grad.
ing, witb base stone, driveways
to the satisfadion of pwperty ow.
ners.
Therefore, 1 recommend the ac.
ceptance of the above named pro.
ject which was previously accepted
conditionaily, December 10, 1971.
Gilbert D, Chavenelle
City Manager
Councilman Bitter moved appro-
val of the recommendation. Se.
conded by Mayor Moldenhauer.
Carried by the fo!lowing vote:
Yeas - Mayor Moldenhauëï=,
Councilmen Bit t e r, Justmann,
Pregler, Thoms,
Nays-None.
Printed Council Proceedings for
the months of March and April
1972, presented for approval. May-
or Moldenbauer moved that the
Council proceedings for the months
of March and April 1972 be ap.
proved as printed. Seconded by
Councilman Bitter, Carried by tbe
following vote:
Yeas - Mayor Moldenbauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays. None,
Communication of City Engineer
White submitting progress report
on Water Treatment Facilities and
Contract II will be well under con.
struction by Fall and the dome
covers will be in place by Decem.
ber of this year, presented and
read. Councilman Pregler moved
that the communication be reo
ceived and fHed and that the Mayor
and Manager be instrncted to con.
tact E. P. A. through the Congress-
men. Seconded by Councilman
---,._,d~
Regular Session, July 3, 1972
307
Justmann. Carried by the following
vote:
Yeas - Mayor Moldenhaner
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Proof of Publication, certified
to by the Publisher, of Notice of
public hearing on amendment of
the Traffic Code, relative to the
parking of vemcŒes on Asbury
Road from J.F.K. Road to the
westerly City Limits, presented
and read, Councilman P're,gler
moved that the proof of publication
be received and filed and the rules
he suspended in order to let any.
one present address the Council
if they so desire, Seconded by
Mayor Moldenhauer, Garried by
the following vote:
Yeas-Mayor Moldenhauer, Coun.
c.¡]men Bitter, Justmann, Pregler,
Thoms.
Nays-None.
Mr. Tom Swift, operator and ow.
ner of a beauty salon, was of
the opinion that it would create
a hardship for his business if the
proposed parking on Asbury Road
i, accomplished, Several alternates
however were suggested whkh
seemed to provoke a wait a see
attitude.
ORDINANCE NO. 29-72
An Ordinance amending Ordinance
No. 33-49 known as the "Traffic
Code of Dubuque, Iowa" as a-
mended, by repealing Subsection
78 of Schedule VI and enacting
a new subsection 78 of Schedule
VI, in lieu thereof to prohibit park.
ing of motor vehicles on the north
side of Asbury Road from St. Am-
brose Street to Bunker Hill Drive
and from Clarke Drive to Wood.
lawn Street and both sides of As.
bury Road from John F. Kennedy
Road to the Westerly City Limits,
said Ordinance having been pre.
viously presented and read at the
Council meeting of June 5, 1972,
presented for final adoption.
FROM CLAR E TO waoa.
LAWN STRE BOTH SlOES
OF ASBURY FROM JOHN
F. KENNEa 0 THE WEST.
ERLY CITY.
NOW THEREFORE BE IT OR.
aAINEa BY THE CITY COUNCIL OF
THE CITY OF aUBUQUE, IOWA,
Section 1, Th" a,dl","ΠNo 33-49
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11.7/7
Councilman Justmann moved fi-
nal adoption of the Ordinance. Se-
conded by Mayor Moldenhauer
Carried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None,
Proof of Publication, certified to
by the Publisher, of notice of pub.
lic hearing to consider Electrical
Ordinance No. 30-72 being an Ordi.
nance to establish an Electrical
Examination Board, and Ordinance
No. 31.72 being an Ordinance to
adopt by reference the National
Electrical Code 1971 Edition, pre.
sented and read. Conncilman Bitter
moved that the proof of publica.
tion be received and filed. Second.
ed by Councilman Pregler. Carried
hy the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann.
Pregler, Thoms.
Nays - None.
Communication of Iowa Chapter
of National Electrical Contractors
Ass'n Inc., commending the Code
committee for the fine work on
the Electrical Ordinance, however
proposing that bond aud insurance
requirements be added, presented
and read, Councilman Bitter
moved that the communication be
received and filed. Seconded by
Councilman Pregler, Oarried by
the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None,
Communication of Building Code
Committee reaffirming their reo
commendations of adopting the
proposed Electrical Ordinances No.
30-72 and 31.72 as submitted, pre-
sented and read, Councilman Bit-
ter moved that the communication
be received and filed. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas - Mayor Moldenhauer,
Councllmen Bit t e r, Jnstmann,
Pregler, Thoms.
Nays - None.
Mr, Delos Dorweiler addressed
the Council by stating that some
codes are giving preferential treat-
ment to certain trades, The Coun-
cil should take away protected in-
terest in the wiring and plumbing
trades. Mr. Charles Oberembt,
Chairman of the Code Committee
of the Iowa Chapter of National
Electrical Contractors Assn. again
reiterated what was proposed be.
fore tbat the new Electrical Code
should provide bonding and lia-
biNty Insurance provisions. Mr. Ro-
bert Wirzhach and Ed, Alliers
spoke to the subject of the Elec-
trical Ordinance and tts operation
and more or less disputed the idea
of adopting the ordinance other
than the way it is proposed.
Mayor Moldenhauer moved that
the communication from Iowa
Chapter National Electrical Con-
tractors Ass'n Inc. be referred to
the Advisory Commission and staff
to consider the bonding concept.
Seconded by Councilman Bitter,
Carried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None,
Councilman Justmann moved
tbat the Electrical Ordinances be
amended to read that the Board
members sha!l serve for four year
terms rather than six year terms,
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas - Councilmen Bit t e r.
Justmann, Pregler, Thoms.
Nays - Mayor Moldenhauer.
Regulax Session, July 3, 1972
ORDINANCE NO. 30-72
An Ordinance to establish an E.
lectrical Examining Board, to pro-
vide for the examination and regis-
tration of Electrical Contractors,
Journey Man Electricians and
Maintenance Electricians, and the
collection of fees and to provide
penalties for violation hereof,
said Ordinance having been pre-
viously presented and read at the
Council meeting of June 5, 1972,
presented for final adoption, as
amended.
ORDINANCE NO. 3O.n
AN ORDINANCE TO ESTAB.
LlSH AN ELECTRICAL EXAMINING
BOARD, TO PROVIDE FOR THE
EXAMINATION AND REGISTRATION
OF ELECTRICAL CONTRACTORS,
JOURNEYMAN ELECTRICIANS, AND
MAINTENANCE ELECTRI C I A N S,
AND THE COLLECTION OF FEES
AND TO PROVIDE PENALTIES FOR
VIOLATIONS HEREOF,
BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Sec. 1. Short Title. This OrdInance
shall be known as the City of Du.
buQue, Iowa Electricians Registra-
tion Ordinance and mav be so cited.
Sec. 2. Purpose and Scope. The pur.
pose of Ihls ordinance is to orovide
for the examination and registration
of electrical centractors, iournevman
electricians, and maintenance electri-
cIans in order to protect public safe-
tv, health and welfare.
The provisions of this ordinance
shall not apply to anv regular em-
plovee of a public utility who does
electrical work for sucl1 public utility
only, nor shall they applY to the elec-
trical work of a teiephone or tele-
Graph companv, nor the persons,
firms or corporations performing elec-
trical work for sucl1 a cempany,
where sucl1 electrical work is an in-
tegral part of the plant used bv sucl1
telephone or telegraph companv in
rendering its duly authorized service
to the public, nor to anv regular em.
plovee of anv railroad who does elec-
trical work only as a part of that
emplovment.
The provisions of tltis ordinance
shall nof applv to the replacement of
integral parts of eQuipment or appli-
ance bv firms or persons in posses.
sion of a valid certificate of cem-
peteney, issued previouslv to the firm
or person, bv the Building Department
~:h~e ,,;~:rne~t grt';"òu:¡Ún~o~:~, under
Sec. 3. Definitions. For use within
"'is ordinance the tollowing are de-
fined:
1. Electrical Contractor. The term
"electrical contractor" means anv per-
son, firm, corporation, association, or
combination thereof, who undertakes
or offers to undertake to plan for,
supervise, lav out, and do electrical
work for a fixed sum, price, fee per-
centage, or other cempensation.
2. Journeyman Electrician. The term
"iourneyman electrIcIan" mean a per.
f1'."n, ~~~J~fng~:x~rc¡:~~~rvan~u~~~';,";:
cal knowledge to do electrical work
308
Regular Session, July 3, 1972
309
In accerdance with the standard rules
and regulations governing sucl1 work.
3, Maintenance Electrician. The term
"maintenance electrician" means a
person who has the necessarv traIn.
ing, experie . I.
edge to under
lng, servicing, maintai
arid repairing electrical
ances and equiPment
stiouiated confines of property own
or centro lied bv the firm, business or
cempany bv whom he is emploYed,
An electrical maintenance certificate
of competencv may be issued to an
Individual and will entitle the holder
thereof to undertake the work of in-
stalling, servicing, maintaining, alter-
ing electrical devices,
equipment onlv within
the property owned bv
---. "'-"'.-01 for use or apPlication
to such propertv,
4. Electrical Work. The term "elec-
trical work" means all installations,
alterations, repairs, removals, reo
newals, replacements, connections, dls.
connections and maintenance of all
electrical eQuipment,
5. Electrical Equipment. The term
"electrical equipment" means all elec.
trical materials, wiring, conductors,
fittings, devices, appHances, fixtures,
signs and apparatus or paris thereof.
6. Registered. The term "register-
ed" means registered under this ordi-
nance, except if otherwise specified.
7. Shall, If the word "shall" is
used, the meaning is that the act fo
be performed is mandatory.
Sec. 4. Classes of Registration. Three
classes of regist hereby
established and thereof
shall be issued onl direction
of the Board of aminers
Which shall be respec-
tivelv as:
Class 1. Electrical Contractors Reg-
tificate of Registration,
Class 11. Electrical Maintenance Cer-
tificate of Competency.
Class 111, Journeyman Electricians
Certificate of Competency
Class 1. Electrical Contractors Reg.
istration shall entitle the holder there.
of to engage in the business of elec.
trical centracting, and to secure per-
mits for the installation, alteration
or repair of any electric wiring, de-
vice, appliances or eQuipment.
Class 11. Electrical Maintenance Cer-
tificate of Competency shall entitle
the holder thereof to undertake the
work of installing, servicing, maintain-
ing, altering and repairing electircal
devices, apoliances, and eQuipment
within the stipulated confines of prop.
ertv owned or controlled bv the firm,
business or company emploYing such
registration holder or within the con-
fines of properfy owned bv an in-
dividual.
Class 111. Journeyman Electricians
Certificate of Competencv shall entitle
the holder thereof to undertake the
work of Installing, maintaining, alter-
ing, altering and repairing electrical
devices, appliances and eQUipment in
the employ of an electrical contrac-
tor, or the holder of an electrical
maintenance certificate,
Sec. S. Fees for Registration. Before
a Certificate of Registration is grant-
ed to anv appticant and before an
exPirino registration is renewed, the
applicant shall pay to the City of
DubuQue a fee in sucl1 an amount as
is nereln specltie" for the Class ot
Registration to be granted or reo
newed as follows:
Ciass 1. ElocIrical Contractors Cer-
tificate of Registration, $25.00. Annual
renewal fee, $5.00.
Class 11 Electrical Maintenance Cer-
tificate of Competency, 120.00. Annual
renewal fee, $2.00.
Class III. Journevman Eiectricians
Certificate of ComPCiencv, $2.00. An-
nual renewal fee, $1.00.
D~:~be~e3\~t¡gtig.:;in~h~~ å~¡;;r~f ~~
Issue and shall be renewed bv the
"Electricians Examining Board" UPOn
application of the hoider of the regis.
tration and pavment of the reQuired
fees any time before or on Januarv 1
of eacl1 Year. Renewal of registration
shall not be granted to a holder of
a registration While indebted to the
City under the terms of this Ordi-
nance.
If there is a lapse of aver sixtv (60)
days from the expiration of a regis.
tration renewal, the renewal fee shall
be the same as on an original applica.
tion.
Sec. 6. Display of Certificates. Everv
holder of a registration, except
lournevman electricians, shall have
his, their or its certificate of regis-
tration dlsPlavedin a conspicuous
place In his, their or Its principal
place of business.
Sec. 7. Revecatlen of Registration. No
registration and certificate issued in
accerdance with the provisions of this
Section shall be assignable or trans.
ferable. Any such registration mav,
after hearing, be SUspended or reo
voked bv the Electrical Examlnino
Board, if the person, firm or corpora.
tion holding sucl1 registration willfully,
~~I~v vr~I~~~~ ~~;n~f~~t~te~fceíh~e~m;
of Iowa, or anv Ordinance or Rule
or Regulation of the City of DubuQUe
relating to the Installation, matnte.
nance, alteration or repair of electric
wiring, devices, apPliances and equip.
ment.
Sec. 8. Homeownen. The owner or
owners of a single familv dwelling
(or mobile home) including the usual
accessorv buiiding and Quarters used
exclusively for living purposes, may
do . k without regis-
rates his capa.
lectrical Inspec-
or: provi e dwelling (or
mobile home) will be occupied bv the
owner or owners and that a permit
is issued as provided in the Cltv of
Dubuque Electrical Code.
sec, 9. Electricians Examtning
Board. There is hereby created a
Board of Electrical Examiners. The
Board shall consist of five (5) mem-
bers. All members of the Board
shall be residents of the City of Du-
buoue. One member shall be a repre.
sentative of the public; one member
shall be a registered iournevman elec-
trician; one member shall be a reg.
istered electrical centractor; one
member shall be a maintenance elec.
trician; one member shall be an
electrical engineer.
The Citv Council shall appoint the
five (5) members. The Electrical In-
spector shali serve as secretarv to
310
Regular Session, July 3, 1972
the Board and keep minules and rec-
,ords of all proceedings and shall record
the names and addresses of all per-
sons examined bv the Board, the re-
sult of the examination, and the kind
of registration issued to each, if anv;
and the date thereof.
The term of each member shall be
four (4) vears, provided, however,
that the original apPointmenls to the
Board shall be made as follows: Two
members for three years, three mem-
bers for four vears,
Three members of the Board shall
constitute a Quorum for the transac-
tion of business.
The Board of Examiners shall elect
annuallv one of its members as chair-
man, who shall preside at all meet.
ings of the Board.
Sec. 10. Application and Fee. All ap.
plications tor examination shall be ac-
companied with a fee of $5.00, which
shali remain the property of the City
of Dubuque, whether applicant passes
the examination or not,
Sec. 11. Scope of Examination. Ap-
plicants will be examined bv fhe
Board of Electrical Examiners to de-
termine their knowledge of the Rules
and Regulations governing the instal-
lation of electric wiring, devices, appli-
ances and equipment as set torth in
the Statutes of the Stale of Iowa, the
of Dubuque,
rlc Code and
. - - -- - Qualifications
and fitness of each applicant for exe-
cuting the class of work covered by
the registration applied for.
See:. 12. Failure to Pass Exemi.atlon.
Should an appHcant fail to pass an ex-
amination bv not obtaining a rating
thereon of 70% or higher, said ap-
plicant may be reexamined upon sub-
mitting application in writing accom-
panied by the $5.00 examination fee
after a period of sixtv (60) davs has
elapsed from It1e date of the appli-
canis last previous examination,
Sec. 13. Issuance of certificate. Exam-
inalion shall be In writing and a com-
plete record of each shall be kept on
file for a period of one vear after date
of such examination at the office 01
the $ecretarv of the Board of Electrl-
calExaminers. The Board of Electri-
cal Examiners shall Istration
and shall e c therefor
to those by the
Board 01 -
vided that case the registra-
tion shall nol be granted until the
prescribed fee has been paid.
See:. 14. Unreglste...d Helpen Ex-
cepted. Nothing In this section shall
be interpreted to prohibit the em.
plovment of anv unregistered helpers
or apprentices to assist registered con.
tractors, registered lournevman or
maintenance electricians.
See:. 15 Accounting for Fees. Exam-
ination and registration fee shall be
deposited wi1fi the City Treasurer
upon receipt of same.
See, 16. Examinafion Waived. Anv
eiectricai contractor or iournevman
electrician, or maintenance electrician,
coming to Dubuque from another citv
or town having similar registration
standards and who shall produce cre-
dentials showing proper accreditation
as an electricai contractor or iournev-
man electrician or maintenance elec-
trician shall, upon approval of such
credentials by the Board, be excused
from ¡he examination hereinbefore re-
Quired, and a registration shall be is-
sued to him uøon pavment of the reo
Quired fee. The Examining Board,
upon proper application, snail also be
~ tot~ni~~~ri~al ~'::fr<¡,'£~
or iourneyman electrician, or maln-
fenance electrician who comes Into
Dubuque from not having
such similar r
upon showing
Boar
cations to under ake the
or maintenanœ. of spe"ial appliances
~~~ti~~nf~at~I':I;:r;t. ~al~e:;'";:&'!;
bv action of the Board of Exam'iners
at its option and shall In anv event
not be effective for a period longer
than thirty (30) days.
See:. 17. ADpeal. In fhe event anv
person shall feel aggrieved bv anv
action of the Examining Board, he
may appeal from such action to the
City Council by filing written notice
of his appeal within ten (10) davs
from the date of the action taken bv
the Board. The Council shall give five
(5) days written notice by certified
mail of the date, time, and place of
hearing to the appealing party and
the Examining Board. All Interested
persons shall be given the opportunity
to be heard at such hearing, and the
City Council mav affirm, modifv or
overrule the action of the Board. The
Electrical Inspector shall have no
vote In the decision of Examining
Board.
Sec. 18 Transfer 01 Registration. It
Is prohibited for a person, firm or
corporation holding a registration to
transfer it or allow the use 01 It, dj.
rectlv or IndirectlY, bv any other per.
son, firm or corporation.
Sec. 19. Prohibition. No person, firm
or corporation shall orm anv elec-
trical work as leal contractor,
iournevman , maintenance
electrician In of Dubuque,
Iowa unless registered as heretofore
provided.
Sec. 10. _atty. Anyone who vio-
lates anv of the provisions of this Or.
dlnance shall, upon conviction, be sub.
iect to a fine not exceeding $100.00 or
to imprisonment not exceeding thirty
(30) davs.
See, 21, Repeal, Ordinance No. 31-64
and all parts of Ordinances In conlllct
with the provisions of this Ordinance
are herebv repealed.
Sec. 22 Savings Clause. If any sec.
tion, provision or oart of this Ordi-
nance shall be adiudged to be In.
valid or unconstitutional, such adjudi-
cation shall not affect the validity 01
the Ordinance as a wf1ole, or anv sec.
tion, provision or part thereof not
adjudged Invalid or unconstitutional.
Sec. 23. When Effective. This Ordi-
nance shall be In effect after Its final
passage, approval and publication as
required bv law.
Introduced the 5th day of June, 1972-
Rule requiring reading on three
separate davs suspended bv unanimous
vote the 5th dav of June, 1972,
Passed bv recorded roll call vote,
Regular Session, July 3, 1972 311
adopled and approved this 3rd day of buQue, Iowa. Eleclrical Ordinance and
July, 1972. may be so cited.
Wayne A. Moldenhauer Section 2. Purpose & Scope. It Is the
W~t~~°l. Pregler ~~:;:"'"I~~e of e\~rJ'c'~lnac'~, to i;gl~\n~
~j¡a~o~rtT~~~ann ra'~i;'~SiW ~~t~rc~7..>.ect;o.n and regu-
JO~~~ct¡'m~~tter :~:s~ce.n~ft"~ -. - .
tJoT~~T~rommelt ~a;Jfengt ~~~~~s s~¡~~,a~"eea.l~ ~~~e~:~
~~~II;~'i,';\' officiallY In The Tele- farfhe provisions of this ordinance shall
graPh-Herald Newspaper this 12111 applv to and govern the supplv o.f
day of Julv, ~972'F F m It ' electricitv and all uses, installations,
e¿'liY' CI;~"} e :I:~r~gráce'~~'{.~' J¡~¡:;~~:~sées'.e';,.';,~:
11. 7/12 nections, disconnections and mainten.
Mayor Moldenhauer moved for r,,"g~e c';,~d"J~I.iii;tilftf~g~a:::Ji'd~~, Wj~:
final adoption of the Orilinance. pliances, lixlures, .igns and apparatus
Seco~ded by Council?,an Bitter. f~ ...a~\~c¡~~a~o~Q~i¡,r~i~;:tf~at'¡,'~;r~
Carrlted by the folloWIng vote: tended to be, or are, within, o.n, un.
Yeas - Mayor Moldenhauer, ~i;~, °:.,e~i~':;e~~~rora7ire~¡~~~n~it~rrhc,;
Councllmen B 1 t t e r, Justmann, folloWing exceptions:
Pregler, l1homs. re~~lr ¿reel~f:r¿~~tig~~e;~¡r~;.'i~~an~~
Nays - None. mission, or distribution equipment,
ORDINANCE NO. 31.72 bul nol utilization eQuloment, owned
An Ordinance to aclo,pt by reference anfBfP!fh...e1n~~II:~0~~~¡¡~~~ti~t~lit6i
the Nafional E_ctrlcal Code 1971 reo.air of electrical signal or communi-
Edition, being a complete Code ~:.'~~ "~Uigm..~~¡e~ t':-c~ ~~*:r~e~~~
regulating the practice, material. pany. '.
and fixf~res used in the .installa. w;J ¿~I's, wf;~.'\~~s ortr~~le~~tsbu's~~;
fion, maintenance, extenS10n and aircraft and molor vehicles.
alter~fion of all wiring, fixtur~, el~Jri~a~y ';~I~~':::t ~ne':tec}~rn r:~~
Apphan.ces a.lid ~rtenances. In and lelevislon transmissio.n but. not In.
connechon wIth various Electncal ckJding supplv wire to such equloment.
Systems, fo provide !"r the appoint. fa~~/ri~~v ~~rk t~~ri~ed dp t~fe~~~~i
ment of an Electrical Inspector, equipment or apparatus, but not In-
the issuance of permits for electri- eluding any permanent wiring or
cal installation and fhe collection eQr~~m:~~. wo.rk associated with:
of fees, to establish an Electrical 1. The repair 01 plug ,connected
Appeal Board and to provide penal. elr=t~~~I,.,:~~\~~C~n~~".;J"~f:~rical
ties for violations hereof, . .. aPDlia.nces or devices thaI have. been
said Ordinance having been pre- ~~c';~~c~~ð s~~~r.;'i':.,~~~~a~~ S~'~~~~~
vlously presented and read at the 01 electrical supplv (bv trlcal
Council meeting. of June 5, 1972, lI,"e"n~I'¡,"J¡':h.ir o""~~~~lo ~I\
presented for final adoption, as not be co.nsidered an or
amended. mechanical disconnection or separa-
ORDINANCE No. 31-72 tIO('6) The inslallation or replacement
R~NF ~'~Pè~~1,E TWE Ar£?-r.bN~r o.f(~~P'i-"hv"'!n~~~fl';;tion or replacement
EL ICAL CODE 1971 EDITION, of pin type lamps, screw base !amos,
BEl A COMPLETE ELECTRICAL or plug connected porlable apphances.
CO REGULATING THE PRAC- Repairing or replacing push or snap
TI Al'ERIALS AN FIXTURES switches, 'amp sockets, receptacles
U IN THE I ALLATlON, and tapeing bare wires.
~íÒ'~,cÕF IL SI~~, ~~f. Section 3. Adopllon of Elee:trical
T APPLIANCE APPUR- Code. The nalional Electrical Code of
T NCES IN CONNECTION WITH 1971, as promulgated bv the American
VARIOUS ELECTRICAL SYSTEMS, National Slandards Institute, is hereby
TO PROVIDE FOR THE APPOINT- ado.pted in full for such POr-
MENT OF AN ELECTRICAL INSPEC- herein av be deleled,
TOR, THE ISSUANCE OF PERMITS or a . From the ef-
FOR ELECTRICAL INSTALLATION date of ordinance, all
AND THE COLLECTION OF FEES, I work as set out in Section 2
TO ESTABLISH AN ELECTRICAL of this ordinance shall be perfo.rmed
APPEAL BOARD AND TO PROVIDE In accordance with Its provisions as
PEN A L TIE S FOR VIOLATIONS modified herein. A COPV 01 the Nation-
HEREOF. al Eleclrlcal C , as adopted and a
BE IT ENACTED BY THE CITY certified this ordin~nce are
COUNCIL OF THE CITY OF DU- on file In ce of the CltV Clerk
BUQUE, IOWA: for public I ion,
Section 1. SIlorl Tille. This ordinance Section 4. Electrical Inspecfor. There
snail be known as the City of Du- is hereby created the o.ffice of Elec-
312
Regular Sesston, July 3, 1972
nance, He shall keep complete records
of all permits Issued. inspectlons and
relnspections made and other official
work performed In accordance with
the provisions of this ordinance.
trical Inspector. The person appointed
as Electrical Inspector shall: be of
good moral character; be possessed of
such executive abl'" . .'.'
for the performa,
have a thorough ."v..,vvv-
standard materials and methods use'
in electrIcal work; be well versed in
approved methods of construction for
safetv to persons and propertv, the
statutes of the State of Iowa relatlng
to electrIcal work and any orders,
rules and regulations Issued bv ao-
thoritv thereof, and the National Elec.
trical Code, as approved bv the Amer-
can NatIonal Standards Institute; have
had at least ive years experIence as
an electrical I or in electrIcal
work, or in , such experience,
shall be a g In electrIcal or
mechanIcal e g of an approv-
ed college or universitv and shall have
two vears practical electrical experi-
ence.
The Electrlca' Inspector, or Assis-
tant Electrical In,,>ector, shall be ap-
pointed bv the Cltv Manager.
The ElectrIcal Inspector. durIng his
tenure in offIce mav hold membership
in the International Association of
Electrical Inspectors, and mav hold
membershiP In the National Fire Pro-
tection Association, and wIth the con.
sent of the Manager, mav serve on
anV lelectrical) committee of these
assocIations to which he mav be ap-
poInted, Members11ip dues. assess-
ments and necessary expenses In con-
'n with such actIvities mav be
the CIty.
lectrlcal Inspector or anv of
- .tants shall not engage in the
busIness of the sale, installation or
maintenance of electrical equipment,
either directlv or Indirectlv, and they
shall have no
concern
the Citv anv
I1me whll '
ThIs shall not be constr,ued to in
anv wav prevent the Electrical In-
spector or hIs assistants from per-
forming such services for the Citv of
Dubuque, Iowa, as may be required by
the Manager or City Council.
Section 5. Electrica' Appeal Board.
There is herebv created an Electrical
Appeal Board consisting of five IS)
members. The members shall be an-
pointed by the City Council.
All Members shall be residents of the
Õ~ ~e~~~q~~~11 be a represen. I
tative of the public,
One member shall be a registered
lourneyman electrician.
One member s11all be a registered
electrical contractor,
el~c"t~ic'¡"'n~ber shall ~e a maIntenance
One member shall represent busI-
ness.
The term of each member shall be
four years orovided, however. that the
original appointments to the Board
shall be made as follows:
Two members shall be appointed to
serve for a period of three ,'ears.
Three members shall be appoInted
to serve for a perIod of four years.
Necessary and actual expenses shall
be allowed to members of the Board.
but no other compensation shall be
paid to them.
SectÕOfl 6. Administration & En-
force_nt. II shall be the duty ot the
Electrical Inspector to administer and
enforce the provIsIons of thIs ordi.
electrIcal
electrical
- ... n for elec-
t on three separate oc-
le calendar vear, a hear-
- . held by the Chle! Electri-
cal Inspector at Which time the per-
mit privileges of saId electrIcal con-
tractor maY be suspended for a perIod
of time not to exceed one year. Th
mem'bers ' .
Board as .
30.72 shall at such earings
and shall act as advisors to the ChIef
Electrical Inspector in determInIng
what course of actIon should be taken.
Section 9. permit-To Whom Issued.
A permit shall be Issued on Iv to an
electrical contractor registered, or
Issued a temporarv regIstration under
Electrica' OrdInance No. 30-72. Section
16, bv the CIty ot Dubuque, or to the
holder of maintenance certIficate of
competency issued to the owner of
property on whlell the work Is to be
done. However, anv permIt requIred
bv this ordinance may be Issued to the
owner of a single-familv dwelling, or
a mobile home. used excluslvelv for
livIng purposes, to do any work regu-
lated bv thIs ordinance in such a
dwelling or mobile no
the usual accessorV
quarters, provided that
mobile home wIll be Ovvv..v- --
owner, that the owner appears before
the Electrical Inspector and shows
himself competent to do the specific
work for which he desIres a permit,
and that the owner personallY shall
perform all labor in connection with
the work, All work done In accordance
with this exceptIon must meet al1 the
Regular Session, July 3, 1972 313
fequiremenrs of this ordinance and times, All work done under such per-
shal1 be inspected as other work. mit and all electrical wiring and In-
stallation in conformance WIth the
Section 10. Schedule of Permit Fees. provisions of f ¡is ordinance.
The following fees shall be applied IB) In industr,ia.! plants where ex-
and collected prIor to a final inspec- perienced electnclans are regularlv
fion: emploved and who have charge of the
IA) Outlets for tixfures, lamps, electrical work in such plants, a
switches. receptacles, underfloor race- monthly inspection .L.. ,
way, dimmer and similar devices, each the Electrical Ins
first 10, $0.20 each; next 15, 50.15 lation of electric
ead1; over 25, $0.10 each. Pllances, work an, -
(8) Electric ranges, oven or cooking connection with the'operation of work
top, and water heaters, heating cable in said plant. A record shall be k~pt
or of ¡er heating device. or outlets at such plants covering the precedIng
therefore, each 51.00. month. Thi.s record shall be filed with
C) Fixtures, medium' base socket, the Electncal Inspector eaell month
lamp holder, tubular lamps suell as prior to the time he makes his ragu.
fluorescent, cold caf ¡ode, lumiline and lar inspection, Any falsity contained in
mercurv vapor. per fixture first 10, the reports required to be filed with
50,10 eaell; over 10. $0.05 each. the Electrical Inspector shall subiect
CD) Plug.in strip, trol.e-duct, and the person, firm or corporation re-
similar svstems per foot or fraction sponsible therefur to the penalties pro-
hereof, $0.05. vided f9r In .this ordinance,
(E) Neon signs, first transformer Any /hdustnal plant to whom the
or sign over two sockets, $2 00; each provision hereof applies shall pav to
additional transformer or' ballast, the Citv of Dubuque 55.00 per month,
51.00. or $60,00 per Year.
IF) Motors and apparatus including
control. 0 fu '4 H,P" 50.75; 1 to 2 Section 12. Plans & Specifications,
~:Pp..skOOs'o;31r ~o H2rí-,s~:?Db6oÓ? J? Plans and w~~.,(lr~caM~nsn~~~~~~ 11'."
~u~ '~";;.;r 5~~: ~~ií¡tI~a~'P" 53.50 ~~afU~~~~~f rl"::'n"vS'f~p~~
(G) , tran~formers. reac- n for a Permit is denied, the ap-
tors, ça~acltors, . heaters, t mav submit revised plans and
Conver SImilar devIces per SPecifications withoul payment of anv
k)lowa volt ampere or frac- additional fee. If, in the course of the
tlon thereof 0 to 1 KW, 51.110; over work, It is found necessary to mak.e
1 ~'1' ~~an~l. each 51.00. I'i~~ti~~~n~~ f~~~h~ p~:~I~n~:~ef~:
Chi~~s~~y.:;:gf,"~c¡,':n"cSy at~~r~~~rc ",;~: s.ued, amended pI~ns and specifica-
paratus and similar equipment, each tlons shail be submItted,
~5.~, 1 KW, $2.00; 1.1 KW or over Section 13. Emergency Work. In
(J) Parmit fees for total capaoilies emergency situations work caQ be
of service switelles: 0 ro 100 amperes, Initiated and compleled by a reglSter-
$1.00; 101 to 600 amperes, $2.00; over ed electrical contractor withoul first
600 amperes, $4.00. submiltlng an application for a per-
(K) Each reinspection made neees- mit. However, a Permit must be 00-
sarv by faultv construction, 51.00, tained within a reasonable time after
(L) Annual Permit, $60.00; mini. Ihe passage of the critical period.
mum fee fur any Permit, $0.75. Reasonable time shail be interpreted
(M) For failure 10 report to the In- to mean 24 hours exclusive of Satur.
sPection department an electrical in- dav, Sundav or holid?y, Anv work
stailation for inspection, for rough.ln completed under IhlS emergencv
or completion, a fee of 55,00 mav be clause or otherwi.se, shail ~e don~
assessed against f ¡e permit holder, under the proviSIons of thIS ordl'
(N) For failure 10 be able fo make nance.
inspection because of Incorrect ad- Section 14. Inspections. UPon the
dri~';; ~\~o,;. shail be deposited with completion of electrical work that has
the dty creasurer not later than the ~~enan~na'\ "øne~'ii,it~ ~fi~m~~r~~hn~r f¡~~~
~¡ch "1{~~n~e~vreg:iV~e A~¿~hl~ I~",,'~~~a~~~k ~~al~t~~;if:St~"eCi~::.'::7rl~~
~o~wc'; :;I'~'ii: f~S ~t':aila7:u~~d"7~ :~~~"1',,",',;ecThtf.e ;¡;~ri~rihi~n~~~~
the C,fv Manager. fuur (24) hours, exclusive of Saturdav,
Section 11. Annual ~er!"i": . ~~i~a~í n°o'iic~~'~dra~':s S~~~rlh~:afr:;
. Ii\> An annual perm,t m lieu of/h- as practicable,
dlvldual. permits shail be ss~ed after If the Electrical Inspector finds f ¡e
appilcat,on to any per¡;oQ, form, cor. work to be in conformltv with Ihe
~a,~~rngr ~~er o~~SO~';:~on r~~~J:;~ rs's~~si~n?heof":~~n~~1;~,n~~rp~~a:J:,':,",
m~rntenance electncians, for the .re- or other assoclalion Ihat has done the
pal( and ¡nalntenanc.e of electncal work a certificate val, This
equipment In or on buIldings or premo certificate shail au e use of
ises owned or occupied bv the appll- the work and c n to the supply
cant for such permíf.. An appilcatlqn of electricity. T 'rical Inspeclor
for. an annual permIt shail be /h shail send writ en notice of such au.
wntlng and ~hail contain a descrIption thorizatlon ro the agency supplYing the
of the premISes on whIch the work. is electricity.
to be don~ under such annual permIts, A certificate of approval mav be
The permIttee shail keep a record of issued aufhorizing the connection and
ail electrical rapairs and mal~tenançe use of a temporary installalion. Such
work done under f ¡e perm,t, Th,s certificate shail be issued to expire
record shall be accessible to the Elec- at a time to be stated therein and
trlcal Inspector at ail reasonable mav be revoked by the Electrical In-
314 Regular Session, July 3, 1972
spector for anY violation of this ordi- Ing ruling, decision, interpretation or
nance. order. , .'
If anv electrical eQuipment is to be Upon f,lIng of s~ch nollce a "me
hidden from view bv the permanent and place for hearong shall be ,"xed
placement of parts of a building, bv the Electrical Appeal Board. This
str.ucture or g 'rm tIme shall be not more than tateen
corporation (15) days after the date of filing no.
stalling the eQuipment s tlce of appeal. The person, firm, cor.
Electrical Inspector. Suc ""ration or other association making
shall not be concealed the appeal shall be notified by certi.
been inspected and approved bv the fled mail ot the time and place of
Electrical Inspector or until twenty. such hearing Hearings on appeal
four (24) hours, exclusive of Satur. shall be open to the public, and all
davs, Sundavs and holidays, shall have Interested persons shall be given an
elapsed after receipt of such notlfi- opoorlunltv to present their positions.
cation by the Electrical Inspector: The Electrical Appeal Board bv ma.
provided, that on large installations, loritv vote shall affirm, modifY, or
where the concealment of eQuipment reverse anv appealed ruling, decision,
proceeds continuouslY, the person, Interpretation or order of the Electri.
nrm, corporation or other associa- cal Inspector, Anv person, nrm, cor.
tion installing the eQuipment shall PO ration or other association not sat.
give the Electrical Inspector due no- Isfied with the decision of the Electrl.
tice and inspection shall be made cai Appeal Board shall have the right
periodicallv during the progress of the to appeal to court as bY law provided.
work. Section 19. Meeting Of The Board.
. The Council shall provide suitable
Section 15. Right of Entry. The space in which the Board mav hold
Electrical Inspector shall have the meetings. and rings and
right, during reasonable hours, to en. shall provode the necessary
ter anv building or premises in the eQuipment and f pay the
discharge of his official duties for the ther,,!,f. shall ~old
purpose of making anv inspection, reo not more than thorty
inspection, or test of the electricai the effective date of
eQuipment contained therein as maV . There.after, the Board
be reasonablY necessarv to protect shall meet at such t,mes as mav be
the public health, safetv and welfare. necessary for the proper pertormance
of its duties, but in anv case not less
Section )6. Shufting Off Suppty. If :!';."rr;~:lIa e<\'~~I'it ~f ~o:;\'~o~fv'~'i
a.nv .electncai equ'oment pr installa- Its members The Board shall elect a
¡~Orn t~ ~~u~~fbV the Electnc~\v~~~P'i~: chairman arid a secretarv annuallY,
stalle~ in cp provisions Section 20. Electrical Power SupplY.
of thIs ,ordl pn, firm" Except where work is done under an
~g:;~~r~i~o~ór ~[. ., c~~f.:'m~~ ~~~u~e~:6:;r:itíig"Sh;:1 ~~~~'['¡~~~ ~~
f~;t~, be a~~tlfl~aW w~~r~ ofn:~~s~;Ÿ ~;~~ ,,;~oi~f~i~ :1'eJ'rf~fv c¡,°r"~~c~o;
~~fnc"o'i:.pf;te~e~\f,1¡, I¡ft~~~ (1~fr~a~~ ~~n~I~~~i~': l~st~~~t~~cl~i;a~hei~~i";;
~~c\~ri:r. rnes'~~to~S i'n"e;~~~d ."Jlc'~)~ ~fs'~~tn~~t~~q~~r"odrd~e':1hj~hb~a~i;"¿oeri'-
the Electncald\~~~~~~':,'; S~;lIo~j~;~: n.ected bv the EI.ectrical Inspector un-
:~'i ~u1~:,r~f"llnse~~~; ~~ 1~~lb<;J' t~~n~¡;~\~roa~alsns~:~~orauthor-
emerQencv, if necessarv for safety to section 21. concealment Witl1Out No-
per~ons or prope~tv, or I rice, The Electrical Inspector shall
eQuIPment l1)aY onterefere have authoritv to remove or cause
¡-;:f¿~1 O\~~~~ro~ d~~~rimen ~ o~~o':,~st~~~~~hns p.!:~ii~' ~~r~~~
thontv !o dl.sconn"!'t or vent the proper Inspection of electrical
~f.,n¿¡~fc!~~n ~~~~~\~IVIfOffl;;," ~~Ye apparatus.
damaged the wiring of anv building or Section 22 Oam..e To Wire.
structure, reconnection to eleçtrlcal (A) It shall be unlawful for anv
sup~lv s~ail np! be made untIl .au- owner, workman, contractor or other
thollzed on wlltmg by the Electncal person not authorized by the Electri-
Inspector, cal Inspector, in any manner, to cut,
Section ~7, Approval Of Materials, ~~~~i~e °6r ~~,,"J~\:'~ ~~~¡~e~~ :.;¿~
The Electncal Insp~ctor mav ~pproye anv building so as to render the same
In advance electncal matenals In- defective in operation, or not in. ac-
sp~cted, and apprqved bv the Under- cordance with the r.ules and proviSIons
;:;r~~~ralsL~~O~~~~le~'r l~i~he~n~U~n~r of tlris ordinance.
The Electrical Inspector shail keep (B) When curbs are cut for drlye-
on file a list of such approved mater- wavs, and a City owned electrical con.
lois, which list shall be accessible for ductor is traversed, loss of which
~~~~ reference during regular office :i'~~~~;C'j~~ta:~:~r~ rt~~O~~s~~ ~~
Section 18. Appeal. Ainv person, firm, firm desiring to. make such <!Iange
~~r~~~tlg~ ~~vot~~~ ~~: ~~~~fa~~O~es~~~~~~v f%r~~~~all~M
terpretation or order leal ~y~g.:'dcto';;fth~~~ ~i~t~:,~~~e'l.,e"n~ri~::
1~~c¡;,orths~aMI:J:rca1"')" r :~d wav.. -
gv filing a written notice a". SectIon 23. Electrocol H..ards Crea-
peal with the City Clerk ten led DUring Construction & Installa-
110) days from the date of end- tions. When construction or other In-
Regular Session, July 3, 1972
315
stallations shall cause existing electri-
cal conductors to be distorted or con-
cealed in such a manner as to create
an electrical hazard within the mean.
ing of the provisions of this ordinance,
it shall become the resPonsiblitv of
the person, firm or corporation creat.
ing such hazard to properly correct
the electrical h"ard or cause the
same to be corrected all in accor-
dance with the provisions of this ordi-
nance.
Section 24. General Requirements.
(AJ Radio Interference. Any person,
firm or corporation installing electrl.
cal eQuipment shall so install suCh
electrical eQuipment as to be free
from int erence with radio recep-
tion ed devices as
telev interference Is
trical Inspector
immediate
the equi".
ment in question.
Failure to complv with the noMce as
issued by the Electrical Inspector
shall be deemed as sufficient cause
for invoking the penallies of this ordi.
nance.
(B) When ou1door lighting is to be
installed, the lights shall be .
and be of a light intensity or
as to not provide a gl'aring
the driver of a motor vehie
iacent streets or to pedestrians.
(C) Living trees shall not be used
for the permanent suPPOrt of electri-
cal conductors or other electrical
eQuipment,
Section 25. Power Services. All ser-
vice and meter equipment instaila'
tions shall meet the requirements of
the electric utility regulations and
safety rules where they do not conflict
with the National Electric Code and
the Nationa' Safetv Code.
Section 26. Penalty For Violation.
Anv person, firm or corporation who
shall fail to complv with anv of the
~rg,~~~o¡¡,ser.".'j~eg~ .t~'~hedur.n a W~
of not more than one hundred dollars
($tOO.OO), together with the cost of
prosecution, and In defautl of pav-
ment thereof, by Imprisonment for not
more than thirty (30) clavs.
Section '0. Repealer. Ordinance No.
32-<14 and all ordinances or parts of I
ordinances in COnflict with the pro-
visions of tlris ordinance are hereby
repealed.
section 28. Saverabllity, If any pn>-
Vision of this ordinance shall be de-
clared Invalid, the remainder shall
remain In full force and effect.
S- 29, Effective Dale, This 01'-
dlnance shall be In effect after Its
fi~~1 afar~l~édaC"v'f.'::~ and PUblica-
Introduced the 5th clav of June, 1972.
Rille requiring reading on three se".
arate days Suspended by unanImous
vote the 5th clav of June, 1972.
PaSSed bv rea>/"ded roll call vote,
adoPted and aPÐroved tlrlo 3/"d day of
July, 1972.
Wavne A. Moldenhauer
MaYor
C. Robert Jus""ann
Wolfer A. Pregler
Allan T. Thoms
Joseph J, Bitter
ATTEST: Councilmen
Leo F. Frommelf
City Cieri<
PUbliShed offlclallv In The Tele-
graph-Herald Newspaper tlrls 121f1 day
of JUlY, 1972.
Leo F, Frommelf
City Clerk
1t. 7/12
Mayor Moldenhauer moved for
final adoption of the Ordinance.
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas - Mayor Moldenhaner,
ConncHmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
June 29, 1972
To the Honorable Mayor
and City Council
An amendment to the traffic or.
dinance is being presented for your
consideration.
The only p,wpose of the amend.
ment is to correct the code so
that closed sections of Main Street
and the alIey between Main and
Iowa wilI be eliminated from Sec.
tion 2 of Schedule 1.
For your information I am en.
closing a copy of a letter from
Chief O'Brien.
I recommend the amendment to
you.
Gilbert D. CbavenelIe
City Manager
Councilman Pregler moved ap-
proval of tbe recommendation. Se.
conded by Conncilman Thoms, Car.
ried by the folloWing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms,
Nays - None,
ORDINANCE NO, 39.72
An Ordinance amencling Ordinance
No. 33-49 known as the "Traffic
Code of Dubuque, Iowa" as amend-
ed by repealing Subsection b and
Subsection cI of Section 2 of Sche-
dule I and enacting a new sub-
section B and A new subsection
d to Section 2 of Schedule I there.
of to require traffic to move south-
erly only in lhe alley between Main
Street and Iowa Street from W
12th Street to W. 6th Street and
from 4th Street to 3rd Street and
to require traffic to move southerly
only on Main Street from Loras
Boulevard to W. 9th Street respec.
tively,
presented and read.
Councilman Pregler moved that
tbe reading just had be considered
the first reading of the Ordinance.
Seconded by Mayor Moldenhaner.
~ .. Regular Session, July 3, 1972
Carried by the following vote: install an Alr Conditioning Unit
Yeas - Mayor Moldenhauer, in the alley behind 504 Central
Councilmen Bit t e r, Justmann, Avenue, has been investigated by
Pregler, Thoms, the various city departments,
Nays - None. We see no harm to the public
Councilman Pregler moved tbat and recommend that permission
the rules be suspended requiring be granted.
an Ordinance to be read on three Gilbert D. Chavenelle
separate days, Seconded by Mayor City Manager
~oldenhauer. Carried by tbe fol. Councilman Pregler moved a,p-
OWlllg vote: proval of the recommendation, Se.
Yea,¡ - Mayor Moldenbauer, conded by Councilman Thoms. Car.
Counc1 men B 1 t t e r, Justmann, ried by the following vote:
Pregler, Thoms, Yeas - Mayor Moldenhauer,
Nays - None. Councilmen Bit t e r, Justmann,
Pregler, Tboms.
Nays - None.
ORDINANCE NO. 40.72
An Ordinance authorizing Linnie
E. Dunbar Squire to install an
air conditioning unit in Alley be-
hind 504 Central Ave.
presented and read.
Councilman Pregler moved that
tbe reading just had be considered
the first reading of the Ordinance.
NOW THEREFORE BE IT aROAIN. Seconded by Councilman Thoms.
EO BY THE CITY COUNCIL OF THE Carned by the folloWlllg vote:
C1;;'f'~~ ID~~~fQ~;d,"',~~t~o 33.49 Yeas - Mayor Moldenhauer,
'opwo " the "T"Wc Co'e òf Do. Councllmen B 1 t t e r, Justmann,
?~~0:~m't1:"h ~:,:n;;::~~~".gy ';~ Pregler, Thoms.
;;,'f ~",ff,"~~\: Councilman Pregler moved that
'"' , fo SK the rule requiring an Ordinance
. '" Ii" fh",of to be read on three seperate days
be waived. Seconded by Council.
man Thoms. Carried by tbe fol.
lowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregier, Thoms.
Nays - None.
ORDINANCE NO. .,.72
AN ORDINANCE AUTHORIZING LIN.
NIE E. OUNBAR SQUIRE TO IN.
STA[l~!~L AIR CONDITIONING
EY BEHINO 504 CEN.
AINED BY THE CITY
THE CITY OF DU,
A,
Th,t Lion'e E. Doo'Of
of tho p"m""
of Cify Lof '98 '0
...---.."
It. 7/12
L" F. F"mmelt
Cif, CI",.
I and read. Councilman Pregler
' moved to approve the petition. Sec.
onded by Mayor Moldenhauer. Car.
ried by the following vote:
Yeas - M,ayor Moldenhauer,
Councilmen Bitter, Jus t man n,
Pregler, Thoms,
I Nays-None,
Petition of Donald M. Love re-
questing a refund of $100. on the
une"pired portion of cigarette Ii.
cense No. 26, as he has discon.
tinued business on June 30, 1972,
presented and read. Councilman
Pregler moved approv.aI of refund
and the Auditor be inslTucted to
issue proper warrant. Seconded by
Mayor Moldenhauer, Carried by
the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays-None.
Proof of Publication, certified to
by the Publisher, of notice of hear-
ing to dispose of interest in and
over Lot 1 of Block 8 of Dubuque
Packing Co. Addn. presented and
read.
No written objections were filed
and no oral objectors were pres.
ent in the Council Chamber at
the time set for the public hear.
ing. Councilman Pregler moved
that the proof of publication be
received and filed, Seconded by
Councilman Bitter. Carried by the
following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms,
Nays-None.
Regular Session, July 3, 1972 317
------
,"'" to PO, " ""'0 of the Ii,-
O1lif, impp", OPOo the Cif, "
Do'oq", rot "m"" of '"' kiod
","lti" f"m th, "i""", "0'
",""", " m"o"",o" pf "i'
Ai, "oditioo", Uoit. "",ioe'
pee,,", 01 "m"" to pC""t,
" thi" ""'"" 01 fOl ',m"e
to '"' """"" of Cit, " 00'
'PO", wh'ch m" "c", " ,
","It" 01 '0 "on""" w'th fhe
"o","c"", m"o'e",o" '"' ".
POi,ofthef"'"'"wOl'OIim.
""'m"t ,"miff'" h""o.
""'on 4. Th" 'he "'mi"i,, h",.
'0 o,,",.rl i. 0...___.,.. ---"...
ATTEST,
Loo F. F"mmelt
W, CI,,'
ACCEPTANCE OF ORDINANCE
No. 40.72
The ,,-rio_-'--.." "- .
P",,', ,,;, "OF'"
,,' ", of .
Mo""h""
ATTEST'
L" F. F"mmelt
Ci" C",'
Po'Ii,ho' off""'" io Tho Tel"",ph.
He"" New,p,p" th" 7th '" of ,Ply
19"-
L" F. F"mmell
Cit, C",'
11.717
Councilman Pregler moved final
adoption of the Ordinance. Second.
ed by Mayor Moldenhauer. Carried
hy the following vote:
Yeas - Mayor Moldenbauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
June 19, 1972
Honorable Mayor and
Members of the City Council
The request of Giese Sheet Metal
Company, requesting permission to
Councilman Pregler moved final
adoption of the Ordinance. Second.
ed by Councoi]man Thoms. Carried
by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Petition of Peoples Natura'l Gas
~~~~~ti~;n¡rea~mÁ~~0~1¿0 y~"~t~:::~ I
to repair a gas leak, presented'
0"1,, " m,f",'¡~:
Ait C"di""'" uoit
bI To PO' " beh,1I of Ihe Cif' of
Do'PO", ,II ,"m, which tho C'ty
of Do'PO"' ,h,II become obli.
RESOLUTION NO. 208-72
WHEREAS, pursuant to Resolu.
tion of published notice of time
and place of hearing published in
the Telegraph-Herald, a newspaper
of general circulation published in
the City of Dubuque, Iowa on June
14, 1972, and June 2'1, 1972, City
Council of City of Dubuque, Iowa,
met on the 3rd day of July, 1972,
at 7:30 o'clock P.M. (Central Day.
light Time) in the City Council
Chamber, City Hall, Dubuque, 10.
wa, to consider the proposal to
relinquish and release certain ease.
ments held by the City of Du.
huque, Iowa, in and to Lot 1 of
Block 8 of Dubuque Packing Com.
pany Addition in the City of Du-
huque, Iowa; and
Regular Session, July 3, 1972
WHEREAS, City Council of Du. Passed, approved and adopted
buque, Iowa, overruled any and this 3rd day of July, 1972.
ail objections, oral or written, to Wayne A. Moldenhauer
the proposal to relinquish and reo Mayor
lease s.aid easements of City of Walter A. Pregler
Dubuque, Iowa, in and to the above Allan T. 'I'boms
described re"l estate' C. Robert Justmann
NOW THEREFORE 'BE IT RE. Joseph ,J. Bitter
SOLVED BY THE CITY COUN- Attest: Counci[men
CIL OF THE CITY OF DUBUQUE, Leo F. Frommelt
IOWA: City Clerk
Section 1. That Cit~ of Dubuque, Councilman Pregler moved adop.
Iowa, hereby relmqmsbes and reo tion of the resolution. Seconded
leases as to Lot 1 of Block 8 by Councilman Bitter. Carried by
of Dubuque Packing Company Ad. the fol\owing vote:
d¡(lOn m the C1ty of Dubuque, 10' Yeas - Mayor Moldenbauer,
wa, the followmg easements, res. Councilmen Bit t e r, Justmann,
ervatlOns and restnctlOns: Pregler Thoms.
(a) Tbe right in the City of Nays' - None.
Dubuque, Iowa, to use said prop- June 8, 1972
erty for the temporary or per. Honora;b!e Mayor
manent storage of surface wa. and Council Members
ter, storm water or overflow . . .
sewage. Such right is no longer The. Clty Plannmg and Zonmg
required by the City of Dubuque, CommlSSlOn has rev1ewed a propo.
Iowa sal to reasSlgn t1t1e to Lot 6 of
. . Block 1 of Pioneer Hills Subdivision
. (b) The. ngbt ,and an easement in the City of Dubuque, Iowa, to
m the C1ty of Dubu,que, Iowah the prior owner in exchange for
to construct and mamtalll suc rights for development of neighbor.
storm and samtary sewers across hood playground facilities on pro.
or under sa1d property as 1tS perty of the Dubuque Community
needs may reqmre. School District as proposed in Re.
(c) The right in tbe City of solution No. 167.72,
Dubuque, Iowa, to use such par. The Commission has found that
tlOn of smd property as may this proposed exchange of property
be necessary for a temporary will more adequately provide for
dumpmg ground. Access to the neighborhood recreational needs
C1ty'S dumping grounds on C1ty I and concurs in your Resolutio~
Island has now been restored. \ No. 167.72.
(d) An easem~nt of rIght of City ptanning and Zoning
way for an ul1l1ties or power CommiSßion
lines now in place. Daniel K. Dittemore
The Mayor and City Clerk are Acting City Planner
hereby directed to execute a Quit Mayor Moldenhauer moved that
Claim Deed on behalf of City of the communication be received and
Dubuque, Iowa, running to the filed. Seconded by Councilman
present owner of said property, Thoms. Carried by the fol\owing
John Mihalakis, to release and reo vote:
linquish the foregoing easements, Yeas - Mayor Moldenhauer,
reservations and restricHons, Councilmen Bit t e r, Justmann,
Section 2. That the City Clerk Pregler, Thoms.
be and he is hereby authorized Nays - None,
and directred to deliver said deed Proof of Publication certified to
of conveyance to John P. Mihalakis hy the publisher, of Notice of pub.
upon rece1pt of the costs of pub\¡. lic hearing to consider proposal
cation. to dispose of interest in Lot 6
Section 3, That tbe City Clerk Block 1 of Pioneer Hil\s Sub. to
be and he is hereby authorized Rwhard C. Henschel, presented
and directed to record a certified and read.
copy of this Resolution in the office No written objections were filed
of thc Dubuque County Recorder. I and no oral objectors were present
318
Regular Session, July 3, 1972
319
in the Coundl Oha'mJber at the
time set for the public hearing.
Mayor Moldenhauer moved that
publication be recetved and filed.
Seconded by Councilman Thoms.
Carried by the fullowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
RESOLUTION NO. 209.72
WHEREAS, pursuant to Reoolu.
tion of published notice of time
and place of hearing published in
the Telegraph-Herald, a newspaper
of general circulation pwbIis>hed in
the City of Dubnque, Iowa, on
June 9, 1972, and June 16, Hm,
City Council of City of Dubuque,
Iowa, met on the 3rd day of July,
1972, at 7:30 o'clock P.M. (Central
DaylJight TIme) in the City Council
Cbamber, City HalI, Dnl>uque, Io-
wa, to consider the proposal to
ilispose of Interest of the Oity of
DUbnque, Iowa, to Richard C, Hen-
schel In and to Lot 6, Block 1
of Pioneer HiJ1<¡ Subdivision in the
Oity of Dubnque, Iowa; and
~EAS, City Council of Du-
buqne, Iowa, overruled any and
all objections, oral or written, to
the proposal to dispose of ÍI1Iterest
of Oity of Dubnqne, Iowa, in the
a:bove described real estate to Ri-
chard C. Henschel;
NOW THEREFORE BE IT RE. - I
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
lOW"":
Section I. That the diSlpOsal of
interest of City of Dubuqne, Iowa,
in real estate to Richard C. Hen.
schel covering the fullowing de.
scribed real estate, to-Wlit:
Lot 6, Block 1 of Pioneer HilIs
Swbdiviision in the City of Dubnque,
Iowa
be and tlIe same is hereby "'P-I
proved, and that no a.l>stract will
be provided. Mayor and City Clerk
are herooy directed to execute said'
deed on beblf of City of Dubnque.
Section 2. That the City OIerk
be and he is hereby awthorized
and directed to deliver deed of
conveyance to Richa'rd C. Hens'cbel
upon receipt of con'Veyance and
release of grazing rights presently
owned by the said Richard C. Hen.
schel in and to the approximately
2 "cre tract of real estate ont1ined
in red on the attached plat and
the fee of which real est"'te is
in the DUbuque County School Dis.
trict.
Section 3. That the Oity Clerk
be and he is hereiJy authorized
and directed to record a certified
copy of this Resolution in the office
of the Dubuque County Recorder.
Passed, ",wro>'ed and adopted
this 3rd day of Jnly, 1972.
Wayne A. Moldenhauer
Mayor
Walter Á. Pregler
AHan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
ATTEST:
Leo F. Frommelt
Oity OIerk
M'ayor Moldenhauer moved adop.
tion of the resolution, Seconded
by Councilman Thoms. Carried by
the fullowâng vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitter, Jnstmann,
Pregler, Thoms,
Nays - None.
Proof of Publication, certified to
by the Publisher, of notice of public
bearing, also registered mail re-
ceipt to John A. Nagle, relative
to consideration of Manager's re-
port on the condiition of the pro-
perty loc",ted at 109 St. Mary's
Street on Lot 11 St. Raphael's
Addn. presented and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the
time of the public hearing. Council.
man Justmann moved that the
proof of publication and mailing
recetpt be received and filed. Se-
conded by Councilman Bitter, Oar.
ried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
RESOLUTION NO. 210.72
\WIEJREAS the City Manager has
reported to the City Council that
the bulIdings and premises located
on Lot 11, St. Raphael's Addition,
known as 109 St. M,ary's Street
in the Ctty of Dubuque, Dubuque
County, Iowa, are dangerous to
life and health be<>ause of their
condition and that demand has
been made by him upon Mr. Jobin
A. Nagle, 1637 Iowa Street, Du.
buque, Iowa, as owner of said
shall certify the cost thereof to
the City Clerk,
Section 4. That upon receipt of
said certificate of cost from the
City Manager, tbe City Clerk shall
tJhereupon certify satd cost to the
County Auditor of Dubuque Coun-
ty, Iowa, and it sail be collœt-
ed with and in tJhe same manner
M! general property taxes,
Section 5. That the City Clerk
be and is her"by directed to reo
cord a certified cOpy of this Re-
solution in the office of the County
Recorder of Dubuque County, 10'
wa.
Passed, adopted and approved
this 3rd day of July 1!Y12.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J, Bitter
Councilmen
320
Regular Session, July 3, 1972
property tJhat the condiition com.
plained of be corrected and that
said owner has failed to correct
the conditions within the time pro-
vided by the notice, and,
WHEREAS on June 5, Hm, the
City c<>uncil set said report down
for hearing at 7:30 o'clock P,M.
CenJtral naylight Time July 3, 1972,
in the City Council Chamber in
the City Hall in the City of Du.
buque, Dubuque C<>unty, Iowa, and
directed the City Clerk to give
noti.ce of said hearing; and,
WHE'REAS it appears by retnrn
of service now on tile in the re-
cords of the City Council that no-
tice of said hearing was ¡ iven
by serving by Reg,istered Mail on
John A, Nagle June 6, Hm, and
by publlc,atioo in the Telegraph
Herald new&paper on June 9, 1972,
and,
WHEREAS pursuant to said no-
tice on order of the City c<>uncil
a pul>lic hearing WM! held at 7:30
o'clock P,M. Central nayIight Time
on July 3, 1972, in the City Coun.
cil Chamber in the City HalI in
the City of Dubuque, Iowa, at
which time the owner of the above
described real estate were afford.
ed an opporinnity to be heard
and witnesses concerning the con.
dition of the property and the ha-
zard was heard; and,
WHER.EAS the Council has duly
considered the testtmony of the
witnesses and vdewed the premises
and has reached its determination.
NOW, 11HEREFORE, BE IT RE-
SOLVED BY THE CITY COUN-
CIL OF THE arTY OF nUBU.
QUE, IOWA:
Section 1. That the structnres
known as 109 St. Mary's Street
and loc",ted on Lot 11, St. Rap..
hael"s Addition, in the City of Du.
buque, Dubuque c<>unty, Iowa, be
and the same are hereby found
and declared to be dangerous to
life, health and property and a
nuisance;
Section 2. That the City Mana-
ger be and he is hereby authorized
and directed to cause the struc-
tul'e known as 109 St, Mary's Street
and located on Lot 11, St. Raphael's
Addition, tn the City of Dubuque,
Dubuque County, Iowa, to be diis-
mantled and removed.
Section 3. That upon completion
of said work, the City Manager
Att...t:
Leo F, Frommelt
City Clerk
Councilman Justmarm m 0 v e d
adoption of the resolution snbject
to discretion of the City Mana-
ger. Seconded by Councilman Bit-
ter. Carried by the foIlowing vote:
Yeas - Mayor Moldenbauer,
Councilmen Bit t e r, Justmarm,
Pregler, Thoms,
Nays - None.
June 29, 1972
To the Honorable Mayor
and City Council
I request your favorable conS'Î.
deration of a resolution providing
for increased cost of tJhe Dodge
Street Corridor Stndy. The propo-
sal was first brought to your at.
tention in April.
For your information I am send.
ing you copies of all papers pre-
sented at the ~rl! meeting and
an additional explanatory letter
from Hen.ntngson, Durham and
R;chardson dated May 24tb,
Gilbert D. ChaveneHe
City MaMger
Mayor Moldenhauer moved that
the communication be referred to
the first meeting in Angust. Se-
conded by Councilman Pregler.
Carried by the f"llowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms,
Nay,s - None.
Regular Session, July 3, 1972
321
Proof of Publication, certified to
by the Publisber, of Invitation for
proposa1s for tJhe pureha,se of Ur-
ban Renewal property parcel 2-2,
and 2-6 located between Central
Ave. and Iowa Street, presented
and read.
Mr. Dan Mitchell, rea! estate
representative of McDonald Res.
taurant chain, presented plat plans
of a sit down restaurant to be
located in the Urba,n Renewal area,
at a tota! cost of $300,000.
Councilman Bitter moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas - Mayor Moldenhauer,
C<>nncdlmen Bit t e r, Justmann,
Pregler, Thorns.
Nays - None.
RESOLUTION NO. 211.72
DECLARING INTENT TO SELL I
A PORTION OF THE DOWN.
TOWN URBAN RENEWAL PRO-
JECT, IOWA R-15 TO FRANCHISE
REALTY INTERSTATE COR-
poRAToN
WHEREAS, under date of May
:W, 1972, the Council of the City
of Dubuque approved and authoriz.
ed the receiving of proposais for
the sale and redevelopment of cer.
tain parc"L<; of real estate in the
Downtown Uroan Renewal Project,
Iowa R..:L5; and
WHEREAS, in respoU\Se to said
offering, a proposal for the pur.
chase and redev"lopment of a por.
tion of the Project Land was reo
ceived from Franchise Realty In-
terstate Corporation, a wholly
owned subsidiiary of M,cDonald's
Corporation; and
WREREAS, pursuant to Chapter
403 of the 1966 Code of Iowa, as
amended, and certain regulations
of tile Department of Housing and
Uroan .Development, certain docu.
ments mnst be made available for
public inspection and a public hear.
ing conducted; now therefore,
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Du.
buque hereby declares tts intent,
after a public 'hearlng, to dispos,e
of Lot 2 of Block 4 in Dubuque
Downto,wn Plaza and the North
43 fuel of Lot 1 of Block 5 in
Dubuque Downtown Plaza, a Iso
known .. Par,cel] 2 and tJhe North
43 feet of Parcel 6 in Block 2
to Francbtse Redty Interstate Cor.
poration in a'ccordance with the
terms of .tJhe Disposition Documents
governing sßJCh s'ale on file in the
office of tJhe Department of Ur-
ban Renewal.
Section 2. That the City Clerk
be and is her"by authorized and
directed to publish notice of pub-
lic hearing to be held on August
7, 1972 and to make certain docu.
ments available for public inspec-
tion. Snch notice shall be substan.
tially tn the form of EJ<hlliit "A"
attached hereto and made a part
hereof, and such notice may Cover
one or more proposals.
Pa.ssed, approved, and adopted
this 3rd day of July, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
A:lIan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
ATI'EST:
Leo F. Frommelt
Oity Clerk
EXHIBIT "A"
LEGAL NOTICE OF HEARING
Pnrsuant to Ohapter 403 of the
1966 Code of Iowa, as amended,
the City Council of the City of
Dwbuque will hdM a .public hearing
for the PlU1POse of considering tile
authorization of the execution of
proposed agreements by and be.
tween the Oity of Dnbuque and
the developers hereinafter listed
for the pnrClbase and redevelop.
ment of certain parceL<; of real
estate located in the Downtown
Urban Renewa,] Project, Iowa R.
15 which ,project Includes the area
bounded ,by Foortb Street on the
south, Central! Avenue on the east,
Ninth Street on the north, and
Locust Street on the west,
Name of Devel~er, Franclrlse
Realty Interstate Corporation.
Address, 1 McDonald Plaza, Oa,k
Brook, Hlinois 60521.
Parcel 2 and the North 43 feet
of Parcell 6 in Block 2.
Said hearing wiIl be beld in Coun-
cil Chambers, Oity HaN, 13t1l and
Iowa Streets, Dubuque, Iowa, at
7:30 P.M. on the 7'th day of Au-
gust, 1972, ,and any person or or-
322
Regular Session, July 3, 1972
caJI Public Agency and the Go-
vernment, is hereby in all respects
approved.
Section 2. '])he Mayor is hereby
authorized and directed 00 execute
said Amendatory Contract in two
count"l' >arts on behalf of the Lo-
cal Public Agency, and the City
Clerk is 'hereby authorized and di-
rected to impress and attest the
official seal of the Local Public
Agency on each such counterpart,
and to forward such counterpartß
to tbe Department of Housing and
Urban Deveklpment, fO<' execution
on beba1f of the Government, to-
gether with such other documents
relalJiv'e to the approv-al and exe-
cution of such counterparts as may
be required by the Gov-ernment.
Passed, approved and adopted
tbis 3rd day of July, 1972.
Wayne A. M<>1doohauer
Mayor
Walter A, Pregler
AI!1an T, Thoms
C. Robert Justmaml
Joseph J. Bitter
Councilmen
ganiza.tion desiring 00 be heard
will be given an opportWllity to
be ,heard on the question of too
proposed dispositions,
A "'Redeveloper's Statement for
Public Disclosure" in the form pre-
scribed !by the D<>¡>artment of Hous-
ing and Urlban Dev-elopment and
the proposed "Disposition Agree-
ment" for eooh of satd developers
are on roe and av-ailable for in.
spection at lJhe office of lJhe City
Clerk, City Hall!, Dwhuque, Iowa
between 8:00 A.M. and 5:00 P.M.
except Saturdays, Sundays, and ho.
lidays. Said documents shall also
be available at the tIIme of the
pnblic hearing.
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolu1Jion. Seeonded
by Councilman Thoms, Carried by
the following vote:
Yeas - Mayor Moldenhauer,
CO1IDclillmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
RESOLUTION NO. 212.72
Ap >rovlng and prov-iding for the
execution of a Fourth Amendatory
Contract amending Contract No.
Iowa R.15 (LG) by and between
the C,õty of Dubuque, Iowa and
the United States of America
WHEJREiAS, under date of July
26 1967, the City of Dwhuque (bere-
in ' called the "Local Public Agen.
cy") and the United States of
kmerica ('berem ,called the "G0-
vernment") entered into a Loan
and Capital Grant Contract No. RESOLUTION NO. 213-72
Iowa R-15 (LG) .for the under- Authorizing the issuance of pro-
taking of the Downtown Urban Re. ject loan notes In connection with
n"wal Project, Iowa R-IS; and Urban Renewal Project Iowa R.15
WHE,ßJEAS, an appJlic~tion snh. WHERæJAS, the City of Dubuque
mitted by the Local Public Agency (herein called the "Local Public
with the Government for a revised Agency") is duly authorized and
Temporary Loan and Project Ca,p' proposes to und"rtakeand carry
¡tal Grant was approved under date out a certain urban renewal or
of November 24, 1971, and Which redevelopment project (Iowa R-IS)
approval nece~itates an am~- of the character authorized by law
ment to .he sMd Loan and Cap1- with financial aid by the United
tal Grant Contract; now therefore, Stat... of America (herein called
BE IT RESOLVED BY THE the "Government"), in the form
COUNCIL OF THE CITY OF DU- of ,a Project Temporary Loan un-
BUQUE, IOWA der Title I of the Housing Ad
Section 1. The pending prqposed of 1949, as amended (42 U.s.C,
Fourth Amendatory Con t r act 1450 et seq.), wmch may 00 made
(herein called the "Amendatory by the Government to the Local
Contr.act"), amending Contract No. Public AgeJliCY with respect to said
Iowa R.15 ('LG) (as heretofore Project in accordance with a cer-
amended), by and between the Lo- tain Loan and Grant Contract
Attest:
Leo F. Frommelt
City OIerk
Councilman Pregl"r moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the fotlowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Jwrtmann,
Pregler, Thoms.
Nays - None,
Regular Session, July 3, 1972
(herein cal!led the "Contract"), by porary Loan av-ailable under the
and between the Local Pub Ii c Contract.
Agency and the Government; and Section 4. The City Manager is
WHEREAS, in order to enable her"by anthorized to file with the
the Local PnbJic Agency to obtain Government from time to time as
such financial aid, it is necessary funds are required, requlS'itions,
for the Local PubIli<: Agency to together with the necessary sup.
anthorize and, from time to time, porting docnments, requesting pay-
issne certain obligatiolhS in the ments to be made on account
form of Project Loan Notes, as of the Project Temporary Loan
ooreina£ter provided: now there- available under the Contract,
fore, and the proper officers of
BE ~T RESOLVED BY THE the Local Public Agency shall
COUNOIL OF 111m CITY OF DU- prepare, execute and deliver to
BUQUE, IOWA: the Government Notes hereinafter
Section 1. Whenever the following ::,~~~~e~e;o~d f:::'ll ;;,~ceg~v~~:
!erm~, or any. of them, are used ment in the form of casb or other
m tbis Resolution !he. same, unless Notes issued by the Local Pwb-
the context shall. índ1c~te another lic Agency, and such officers are
of different meanmg or mtent, shall autborized to do and perform a]¡]
!,e construed, are us~, and are other thingS and acts required to
mtended to ha,ve meanmgs as fol- be done or performed in order
lows: to obtain such payments. Cash pro-
(1) l'he te.-m "Resolution" shall ceeds from the issuance of all
mean this Resolution. Project Loan Notes shall be de-
(2) All other terms used in this posited and dishnrsed only in ac.
Resdlution and wmch are defined cordance with the provisions of
in the Contract shall hav-e the re- the Contract.
s¡pectÏv-e meaningS ascribed thereto Section 5. EJacbProje« Loan
in the Contract. Note shall bear interest and be
Section 2. The Q:mtract entered payabl.e in the form and' manner
Into ,between the Loca,1 Public pr.escrlbed ~y the Contract. and
Agency and the Government for this Resolution; shall! be Slgn<;ð
the above identified Project is 1ß the name of the Local Public
hereby declared to be a part of Agency by !'h.e Mayor; and shall
this Resolution and all applicable have. the o£fic1a~ seal of the Loco[
provisions thereof we.-e eJOpressly Pubhc Agency 1mpress<;d thereon
set forth in full berein and attested by the City Clerk;
, and shall otherwise be in sub-
Section 3. In order to evlidence stantiaHy the form of HUD-9107
payments made by the Gov"rn. incorporated herein by reference.
ment On account of the Project Section 6. TMs Resolntion shall
Temporary, Loan pursuant to the supersede all previous resolutions
Contract Wlth reSlpect to the Pro- authorizing Project Temporary
¡rot and. to refnnd, renew, ext~d Loan Notes, and the Project Loan
or subs!ltute for :my Notebr thi. Not... authorized by this Resolution
Resolnbon authoru:ed to be 1Ssued s'hall be exchanged for any Project
(or .anr such N~te by any. nther Temporary Loan Notes hereto fore
resolnti~n a'!thoro:ed ~ be 1SSUed issued pursuant to any previous
and which 1S outstanding, or on resolution
deposit for dellv-"ry pendin'g pay. .
ment therefor, as of the date this !"aSSed, approved and adopted
Resolution becomes effective), this 3rd day of July, 1972.
there are her"by authorized to be Wayne A. Moldenhauer
issued, from time to time, Pro. Mayor
ject Loan Notes of the Local Pub. Walter A. Pregler
~c Agency in an aggregate princi- Allan T. Thoms
pal amount outstanding at anyone C. Robert Justmann
time (whether authorized by this Joseph J. Bitter
Resolution or any other resolution Councilmen
anthorizing the issuance of Pro. Attest:
ject Loan Not"s) not in excess Leo F. Fromm~t
of the amount of the Broject Tem. City Clerk
323
324
Regular Session, July 3, 1972
Councilman Pregler moved adop. I
tion of the resolution, Seconded
by Mayor Moldenhauer. Carried
by the fol!owing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
RESOLUTION NO. 214.n
Endorsing the Five E'lags Cen.
ter Project was presented and
read, Mr. Wayne Norman, Chair-
man of the Five ~ags Civic Cen.
ter project stated that $659,000 is
pledged 1.<> date. He sees a suc. I
cessful completion of the project
and urged endorsement by the
Council,
Councilman Pregler moved that
the resolutiK>n be referred to the
next meeting for adoption. Se.
conded by Mayor Moldenhauer.
Carried by the foJlowing vote:
Yeas - M,ayor Moldenhauer,
Councilmen Bitt e r, J.ustmann,
pregler, Thoms.
Nays - None.
Proof of pu1Jlication, certified to
by the publisher of notice of Pen-
dency of Resolution of Necessity
for public improvements and bear-
ing upon proposed plans, specs"
furm of contract and cost of con-
struction of Liebe Street 8" sani.
tary sewer, presented and read,
Council¡n,an Pregler moved that
the proof of publication be received
and filed. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitt e r, Justmann,
Pregler, Tboms,
Nays - None,
Statement of Qity Clerk certify.
ing that notices of hearing were
mailed by certified mail on June
7, 197~, to property owners of re-
cord 1.<> pay for construction of
lJiebe Street Sanitary sewer, pre-
sented and read. CounciJ.man Preg-
ler moved tbat the statement be
received and filed, Seconded by
Council¡nan Thoms, Carried by the
following vote:
Yeas - Mayor MOldenhauer,
Coundllmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Decisl>l1 of Council U >On objec-
tions to plans, _ifications, form
of contnct and cost of improve-
m ents
RESOLUTION NO. 215-72
WHEJREAS, proposed plans and
specifJications and form of contract
for the construction of Liebe Street
Sanitary Sewer, 8 inch - 197~ east
of Jac!<Son Street have been ap-
proved by the City Council of the
City of Dubuque and public no.
tice given as provided by Chapter
23 of the Code of Iowa 1971 per-
taining to public contracts and
bonds, and tbe time and place
fixed for the hearing of all object-
ions to said plans, g¡pecifJication's
or contract fur or cost of such
improvements, said time being this
3rd day of July, um; and
WHEREAS, the City CounciJ! met
in regular session this 3rd day
of July, 1972, at 7:30 o'clock P.M.
at the Council Ohambers in the
City Ha1J1 for tbe purpose of hear.
ing all interested parties and con-
S'idering any and all Qlbjections
whicb have been filed to the pro.
posed plans, specifications or con-
tract for or cost of the tmprove-
ment herein described and pro-
posed to be made; and
WHEREAS, aM interested parties
have been given an opportunity
to be heard and all objections
wmch have been duly weig ¡ed and
considered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dnhuque,
that all objections whWh have been
made and filed to the plans, spe-
cifications, contract for or cost of
said i=rovement herein described
and proposed 1.<> be made, be and
the same herelby overruled and
such plans, specifJications and form
of contract beretofore a,pproved are
hereby adopted,
BE IT FUR'IJHiE)R RESOLVED
that this resolution containing the
decision of this Council upon all
objections which have been filed
to the plans, specifications and
furm of cost said improvement be
made a matter of permanent re-
cord in Cû'ßllection with said im-
provement.
Regular Session, July 3, 1972
Passed, adopted and approved
this 3rd day of J"ly, Hm,
Wayne A. Moldenhauer
M,ayor
Walter A. Pregler
Allan T. Thoms
C. R<>bert Jnstmann
Joseph J. Bitter
Councilmen
Attest:
Lèo F. Fromme!.t
Oity Clerk
Coundlman Pregler moved a-
doption of the resolution, Seconded
by CouncNman Thoms. Carried by
the fdllowing vote:
Yeas - Mayor Moldenbauer,
Councilmen Bit t e r, Justmann,
Pre,gler, Thoms.
Nay,s - None,
(Nec:èsslty for Improvem_)
RESOLUTION NO. 165-72
WHEREAS, proposed plans, spe-
cifications, form of contract, plat
and schedule have been duly pre.
pared and a,pproved by the City
CounciJ. of the City of Dubuque
a!1d are now on file in the office
of the City Clerk showing among
other things the following:
1. The boundaries of the district
if any.
2, The size and kind of sewers.
3. Each lot proposed to be as.
sessed together with a valuation
fixed by the council,
4. An estimate of the cost of I
the proposed improvement, stat-
ing tbe same for eaoo different
type of construction and kind of
materia! to be used.
5. In eaelb case the amount there.
of which is estimated 1.<> be as-
sessed against each lot, for the
construction of lJielbe Street Sani-
tary Sewer 8 inch - ,1972
BE IT THEREFORE R E -
SOLVED that the City Council on
its own motion or upon petition
of property owners, deems it advis-
~¡'¡e and necessary for the public
welfare to make the herein men-
tioned improvement, and unless
property owners at the time of
the final consideration of this pro-
posed a.ssessments, they shaM be
deemed to bave waived all objec-
tions hereto.
Said improvement shalI be con.
otrncted and done in accordance
with the plans and specifications
which have been prepared therefor I
325
by the Oity Engineer which bave
been approved by the City Coun.
cil and are now on file with the
City Clerk. That the cost and ex-
pense of making said improvement
will be assessed upon and against
all privately owned property lying
within assessa,ble distance provided
by law and in an amount not
to exceed the amount provided by
law, property will be assessed whe.
ther the same abuts thereon or
is adjacent thereto according to
area and in proportion to the spe.
cial benefits conferred thereby, and
any deficiency shaH be paid out
of the sewer funds, Sewer bonds
sha]¡j be issued and sold in anti-
cipation of deferred payments of
assessments when a contract has
been performed and accepted and
the proceeds thereof used to pay
the contractor. The railway portion
of any street or assessment district
s'hall be assessed to and paid by
the railw.ay company.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 5th day of June, 1972.
RECORD OF FINAL ADOPTION
The foregoing resolution was fin-
ally passed and adopted, as pro-
posed, by the City Council this
3rd d'ay of July 1972.
Wayne A. Moldenbaner
Mayor
Walter A, Pre¡ !er
MIlan T, Thoms
C. R<>bert Justmann
Joseph J, Bitter
Councilmen,
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved final
adoption of the resolution, second.
ed by Councilman Thoms. Car-
ried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None,
(Ordering Construction)
RESOLUTION NO. 216.72
BE IT RESOLVED BY THE
CITY COUNen. OF THE CITY
OF DUBUQUE that pursuant to a
resolution of necessity No. 165.72
whicb was duly passed by this
Council, for the construction
of Liebe Street Sanitary Sewer 8
inch. 19'æ be and the same are
326 Regular Session, þly 3, 1972
hereby ordered and constructed by following vote:
this Council upon its own motion Yeas - Mayor Moldenhauer,
and with or without the petition Councilmen Bitt e r, JllS'tmann,
of property owners. MI the work Pregler, Thoms.
shall be constructed in accordance Nays - None.
with the plans and specifications
heretofore adopted and now on file RESOLUTION NO. 217.72
in the OOfiœ of the Oity Clerk, BE IT RESOLVED by the Oity
BE IT FURTHER RESOLVED Council of the City of Dubuque,
that the cost and expense of the Iowa" that ,the foJ:lowm~. havULg
said improvements be paid for by complied. WIth the proVlSlOns, of
levying opccial ""sessments a. law rel~tin,g to th7 sale Of Clga.
gainst the privately owned pro. rettes WIthin the City of ~buqne,
perty lying within the assessable I'!wa be granted ~ perlßlt to sell
distance from the improvements, ~ga:ettes, an<! O¡garette p"pers
whether such property abut upon W[~ said CIty,
the same or are adjacent thereto, Brulge Restaurant & Lounge, Inc"
according to the area thereof and 31 Loc,,:,t Street.
in proportion to the ¡¡pecial bene. Mrs. Maman J. BrIDge, 2038 Con.
fits conferred, and any deficiency W~~~l AvBenue 31= Co tr°,' A:
wi1l be paid out of the general, """am aum, ~ n.. ve.
improvement, or sewer funds of nue .
the city, or partly from each of Brammers, I":"" 1306 Delhi ~eet
such funds. l'ayment will be made Donaid C, Bmmeyer, 1100 Lincoln
to the contractor out of funds rea- Avenue
lized from the sale of bonds to Robe;! E, Ca'bill, 402 Locust Street
be isBued in anticipation of de- Melville E. Donovan, 1876 Central
ferred payments of assessments Avenue .
as provided by law after the work Mr~. Alice E=hen, 21117 Umver.
has been completed and a""epted .Slty . Aven~e.
by the Oity CouncU VlCtor1a Ellis, 120 West 4Jth Street
BE IT FYRTHE!R' RESOLVED R~t".:~ J, Hantelmann, 902 Main
that the City Clerk be and he r.aVeme Hennen Asbury & Ken-
is hereby ordered a,nd directed nedy Road'
to advertise for proposals for the Clara L Johnson 1543 CoDlTaI Ave-
construction of the various im - nue' ,
provements herein provided for in Robert J Kebl 62 Locust Street
the manner provided by law, the LiIl' Giant Food'Stores 1[01 Room.
said improvements sbaJ:l be com. berg Avenue '
ple~ed on or before 30 day~ after LiI' Giant Food Stores, 2644 Penn-
notice to proceed bas been ISSUed. sylvania Avenue
BE IT FtmTIJIER RESOLVED Lois M. Morarend, 700 Ðast 16t!J
tbat this resalution being deemed Street
urgent and of immedÑl,te necessity John E, Noel, 2400 Central Avenue
sball be in force and el!fect from Mbert Ney, 600 Central Avenue
and after its passage and ad"pti.on Riverside Bowl, Inc., 11160 Haw-
by the City Council. thorne Street
Passed, adopted and a.pproved Mrs. Doris Rieke.., 485 Central
this 3rd day July, 1972. Avenue
Wayne A. Moldenhauer Richard N. Stecldein, 450 West !.o-
Mayor cust Street
Walter A. Pre¡ !er Donald Shanley, 1630 East 16tb
Allan T. Thoms Street
C. Robert Justmann Harold B, Welter, 534 Thornberg
Joseph J. Bitter Avenue
Councilmen. Kathleen Wedig, 1300 Jackson
Street
Donald E. Wertz, 1545 S, Grand-
view Avenue
Wm. J, White, 1993 A5bury Street
Herbert F. Bisping 1400 am
Street
Attest:
Leo F, Frommelt
Oity <JIerk.
Councilman Pregler moved adop-
tion of the resolution Seconded by
Councilman Thoms, Carried by the
Regular Session, July 3, 1972
327
Carl Hirsch, 532 East 22nd Street
Gerald OIarence Kirchberg 3200
J'ackson Street
Eugene L, Kopp, 951 M,ain Street
PhiiILip Langas, 1105 Loras Blvd,
Dennis K. Manahi, 3200 Central
Avenue
Montgomery Ward & Company, 555
J. F. Kennedy Road
Nabors of Iowa, Inc., 1920 EJlm
Street
Clyde L. Bradley, 3Z75 Central
Avenue
Be it Further Resolved that the
bonds filed with the application
be approved.
Passed, adopted and approved
this 3rd day of July, 1972,
Wayne A. Maldenhauer
Mayor
Walter A. Pregler
AJ!lan T. Thoms
C, Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F, Frommelt
City Clerk
ConnclIman Bitter moved adop-
tion of the resolntion. Seconded
by Councilman Pregler. Carried
by the foJ:lowing vote:
Yeas - Mayor Moldenhaner,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
RESOLUTION NO. 218.72
WHEREAS, a,ppllcations for Beer
Permits have been submitted to
this Council for approvat and the
same have been examined; NOW
THEREJFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iow,a, that the foJlowing applica-
tions be granted and permits is.
sued upon the compliance with the
terms of the ordinances of the
City.
CLASS "B" BEER PERMIT
Catherine Rose Lester, 1322 Cen.
tral Avenue
Passed, approved and adopted
this 3rd day of July, 1972.
Wayne A. M<1iIdenhaner
Mayor
Walter A. Preg'ler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F, Frommelt
Oity Clerk
Councilman Bitter moved adop-
tion of the resolution, Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas - Mayor MOldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays - None,
RESOLUTION NO. 219.72
WHEREAS, applications for Beer
permitJs were filed by the within
named applicants and they have
received the approval of this Coun.
cil; and
WHEREAS, the premises to be
occupied by sn~h appJicants were
inspected and found to comply with
the ordtnances of this City and
they have filed proper bonda;
NOW THEJREFORE BE IT RE.
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to cause
to be issued to the following named
applicants a Beer permit,
CLASS "B" BEER PERMIT
Catherine Rose Lester, 1322 Cen-
tra,l Avenue
BE IT FURTHER RESOLVED
that the bonds filed by such ap.
pllc,ants be and the same are here.
by approved,
Passed, adopted and a,pproved
this 3rd day of July, 1972.
Wayne A. MoMenhauer
Mayor
Walter A. Preg,ler
Allan T. Thoms
C, Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Conncilman Bitter moved adop.
tion of the resolution, Seconded
by Councilman Pregler, Carried
by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Preg'ler, Thoms.
Nays - None.
RESOLUTION NO. 220.72
WHEREAS, applications for Li.
quor licenses have been submitted
to this Council! for approval and
the same have been examined,
NOW THEREFORE BE IT RE.
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following app11cations be grant.
328
Regular Session, July 3, 1972
ed and licenses is'Sued upon the
compliance with the terms of the
IOWA LIQUOR CONTROL ACT-
CHAPTER l:!3--as amended by the
64.th General Assembly, 197'1.
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
Russel E. Myers, 1618 Centl'al Ave-
nue
Kenneth Jerome Love, sœ Cen.
tral Avenue
CLASS "B" (MOTEL OR HOTEL)
BEER & LIQUOR LICENSE
Dubuque Motor H<>tels, Inc" l1il
D<>dge Street
Passed, adopted and approved
this 3rd day of July, 1972.
Wayne A. Moklenhauer
Mayor
Walter A. Pregler
AMan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councillmen
Attest:
Leo F. Frommelt
City Cierk
Councilman Bitter moved adop.
tion of the resolution. Seconded
by Councilman Pregler, Carried
by the foll<>wing vote:
Yeas - Mayor MoJrlenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
RESOLUTION NO. 221-72
WHEREAS, applications for Li.
quor Jkenses were filed by the
within named applicants and tbey
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
tbe State Law and all City or-
dinances relevant thereto and they
have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVE[) by the CIty Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to the following named applicants
a Liqnor 11<:."...
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
Russell E. Myers, 1618 Central
Avenue
Kenneth Jerome Love, 802 Central
Avenue
C,LASS "B" (HOTEL OR MOTEL)
BEER & LIQUOR LICENSE
Dubuque Motor HoteJg, Inc., 1111
Dodge Street
Passed, adopted and approved
this 3ro day of July, 1972.
Wayne A, Moldenhauer
Mayor
Waiter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the foJ¡]owIDg vote:
Yeas - Mayor Moldenbauer,
Councilmen Bit t e r, Justmann,
Prel'iler, Thoms,
Nay's - None.
Mr, Art Konzen addressed the
Council by stating that he bas
a valid contract for a cab stand
at the Airport for two year,;. He
would be willing to negotiate with
Cab Company if they would come
in,
Councilman Bitter moved that
the City Attorney be instructed
to researcb and report back to
tbe CounclI as to their alternates
regarding Mr. Konzen's aJileged
contrad, Seconded by Councilman
Thoms, Oarrted by the following
vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Prel'iler,
Thoms,
Nays - Councüman Justmann.
There being no further business
Councilman Pregler moved to ad.
journ. Seconded by Councilman
Regular Session, July 3, 1972
Thoms. Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Leo F. Frommelt
City Clerk
329
Approved ......................................1972
Adopted ........................................1972
....................................................
Councilmen
Attest: """""""""""""'....................... I
City Clerk
330
Special ~JulY 10, 1972
posed Five Flags Ch"ÎC Center, pre.
sented and read. Councilman Preg-
ler moved that the communication
be received and filed. Seconded
by Councilman Justmann. Carried
Special Session, July 10, 1972. by the foJ!owing vote:
Council met at 7:30 p.M. (C. Yeas - Mayor Moldenhauer,
D.T.) Councilmen Bitter, Justmann,
Present - Mayor Moldenhauer, Pregler, Thoms.
councilmen Bit t e r, Justmann, Nays - None.
Pregler, Thoms, City Manager Gil. CommuniCa.tion of Arthur M,
bert D. Chavenelle. Boaœdman suggesting the construc-
Mayor Moldenhauer read the tail tion of a buildJng on the east side,
and stated that service thereof had across £rom the present Orpheum,
been duly made and thjg meeting in order to gain acceptance, maxi-
is tilled for the puq>Ose of CON- mum usa.ge, and part as a pnblic
DUCTING A PUBLIC HEARING utility, presented and read. Coun-
TO AMEND ZONING ORDI. cilman Pre~Ier moved that the
NANCE NO. 3.34 SO AS TO communication be received and
CHANGE LOT 14' BLOCK 2 OF filed. seconded by Councilman
WESTSIDE MANÓR FROM SING. JuSltmann, Ca'ITied by the follow.
LE TO MULTIPLE CLASSIFICA. ing vote:
TION AND ALSO TO INCLUDE Yeas - Mayor MOldenhauer,
IN ARTICLE IV SECTION 2 (h) Councilmen Bit t e r, Jw;tmann,
PROFESSIONAL USE, and acting Pregler, Thorns.
upon such other business as may Nay,s - None.
properly come before a regular Councilman Pregler moved that
meeting of the Council. the rules be suspended in order
Mayor MoJdenbauer presented to let anyone present address the
awards from the American Society Council if they SO desire. Seconded
of Land",ape Architects, for con. by eouncUman Moldenhauer. Car.
struction of the Downton Olock Pla- ried by the fo1iowIDg vote:
za, to the following business firms: Yeas - Mayor MoJdenhauer,
DurraI>t, Deininger, Dommer,Kra- Councilmen Bitter, Justmann,
mer, Gordon - Architects, Cullen Pregler, Thoms.
Schiltz & Associates.engineers, M. Nays - None.
F. Goerdt Construction Co,-General Mr. Wayne Norman, chairman
Contr~ctors, Westphal & Company' of the Five Fla.gs Ci\>ÎC Center
ÐlectnC:d Contractors and the City \ Project, spoke at length as to the
of Dubuque-Urban Renewal De. progress of the project, Mr. Arthur
partment, Boardman sUJbmitted a ske1Jch of
Communication of Dwbuque Area his proposed idea of building across
O,ha.mber of,' Co, mmerce, SUbI~1ittt,'ng the 'street 'from the pr,eseI>t Or.
an ~terchange newsletter Wlth the pheum, snch as an au,¡;torium,
vaT10W; Chambers of Commerce which would house some 5000 pea-
throughout the United States, deal. pIe.
ing with Civic Centers, and how
it definitely could effect the Five RESOLUTION NO. 214-72
Flags Civic Center, to promote en- Endorsing the Five Flags Center
tbnsiasm, presented and read, Project
Councilman Pre!ller moved that WHiERE.AS Dnbuque ha.s had a
the communication be received and destIe and r:eed for a Civic Cen-
filed. Seconded by Councilman tor for many y>ears demonstrated
JnSltmann, Carried by the follow- as for back as 1008 when a bond
ing vote: issue was passed by a majority
Yea~ - M~yor Moldenhauer, of the voters, only to be upset
Councilmen BIt t e r, Justmann, by unavailability of a Federal mat.
Pre!ller, Thoms. ching grant; and
Nays - None. WHERÐAS, two studies by Real
Communication of C i t i z ens Estate Research e<>rporation of
Wa.tcbdogs objecting to accepting \ Ohicægo determined that: (I) too
tbe Financial responsibility by the Dubuque area needs a 'Civic Cen.
C;ty for the operation of the pro- ter; (2) the Orpheum Theatre and
CITY COUNCil
OFFICIAL
Special Session,
adjacent area is an eJ<celient 10'
cation; (3) an exhibition hall.tbea-
ter combination is the right type
of facility for a city of this size;
and (4) such a fa'cillty could be
seIf-snpporting; and
WHEREAS, the Orpheum Thea.
tre and proposed new public use
and eJOhibit facility allows us to
ac'hieve a Ctvic Center for approxi-
mately ooe.half of the cost of a
completely new facility; and i
WHEREAS, Dwbuque increaS'ing- I
ly reaUzes the need to retain and
enhanœ its architectural and his.
toric herita.ge; and
WHEiRJEAS, the proposed Fiw
Flags Civic Center project is an
excellent example of the concept
"prtvate funds in the public do-
main" wlith the great majority of
the capilal funds coming from the
private sector of the ecooomy; now
therefore
BE IT RESOLVED BY THiE or.
TY COUNCIL OF THE OITY OF
DUBUQUE, IOWA:
Section 1. Tha.t the Ctty Council
strongly endorses the proposed
Five Flags Civic Center and re-
commends it to the entire com.
muntty as worthy of its support
to provtde a facility which will
encourage the cultural and citizen
participation potential of the com.
munity and surrounding area to
ma1<:h and balance the current in-
dustrial, commercial, academic
and economic growth of the Du-
buque Metropolitan area.
Section 2. That the City Council
furthermore a.pproves the prC1)ara. I
tion of applications for historic re-
gistration and for a Federa,] his.
toric:d restoration grant.
Section 3. That the City of Du.
buque is grateful for the monies
pledged by the community and the
hard work expended to bring the
project to fruition.
Section 4. That the City Council
will accept the facility for the use
and benefit of all of the citizens
of Dubuqne at the appropriate
time.
Passed, approved and adopted
this 10th day of July, 1972,
Wayne A. Moldenhauer
Mayor
Walter A. Pre~ler
AHan T. Thoms
July 10, 1972
331
C. Robert Justmann
Joseph J, Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Justmann, Carried
by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays-None.
Communication of Thermolyne
Corporation offering the use of
their parking lot to the citizens
attending recreational events at the
River Front ball parks, presented
and read. Councilman Pregler
moved that the communication be
referred to the City Manager and
staff fur investigation and report.
Seconded by Mayor Moldenhaner.
Carried by the folIowing vote:
Yeas - Mayor Moldenhaner,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Communication of Iowa State De-
partment of Health issuing permit
No. 72-149-5 for construction of S,
P. 12,4œ.18", c"nter Grove Val-
ley Interceptor Sewer, presented
and read. Councilman Pregler
moved that the communication be
received and filed, Seconded by
Mayor Moldenhauer. Ca'rried by
the following vote:
Yeas - Mayor Moldenhauer,
Coundlmen Bit t e r, Justmann,
Pregler, Thoms,
Nays - None,
Communtcation of Brotherhood
of Painters and allied trades ob-
jecting to the painting of hydrants
for the water department, now be-
ing done by City personnel, wbich
were originally let out for bid to
painting contractors, presented and
read,
M.r, Wm, Miller, head of the
Painteœ'.s local, addressed the
Council as to their petitioo, He
stated that the local have some
older painters that could be doing
painting of water hydrants. Mr,
Bob Strub objected to the City
doing painting of some railIngs
in one of the parking lots.
Councilman Pregler moved that
the communication be referred to
Special Session, July 10, 1972 333
chite'ct, engineer, lawyer, realtor, Councilman Pregler moved final
inswranc.e, musician of sililll'ar pro- adoption of the Ordinance. Se.
fess,ions within Lot 14, Block 2 conded by Conncilman Bitter. Car-
of Westside Manor Sub. in the ried by the folIowing vote:
City of Dubuque, Iowa, presented Yeas - May 0 r Moldenhauer,
and read, Councilmen Bit t e r, Justmann,
Councilman Pre!!ler moved that Pregler, Thoms.
the proof of pnbllcation be reo NaY'S - None.
ceived and filed. See?nded by Petition of William L. McDon-
Coun.cilman Bitter, CarT1ed by the ough requesting a refund of $25,
followmg vote: on the unexpired portion of Class
Yeas - M~yor Moldenhauer, B Beer Permit No, 1568, as he
Councilmen B 1 t t e r, Justmann, has discontinued business on July
Pregler, Thoms. 3, 1972, presented and read. Coun.
Nays - None, cilman Preg>ler moved that the pe-
ORDINANCE NO. 38-72 tition be granted and the Auditor
An Ordinance amending Ordinance instructed to issue proper warrant,
No. 3.34 known as the zoning map Seconded by Mayor Mo1denihauer
and zoning ordinance of the City Ca,rried by the foJdowing vote: '
of ,Dubuque, lo~a, by amending Yeas - Mayor Moldenhauer,
Article IV, Section 2 (h) thereof Councilmen Bit t e r Justmann
to Include certain described real l'regler, Thoms,' ,
estate in which professional offices
or studios of a physician, dentist, Nays - None.
architect, engineer, lawyer, real. Petition of Melvin L. & Leonette
tor, insurance, musician, or simil'ar Kreiman requesting a refund of
professions may be permitted, $125. 00 the une"Pired porlJion of
said Ordtnance havin.g been pre- Liquor License No. C.700i to ac-
viously presented and read at the quire a conblnation license, pre.
CounCÎ!1 nwetlng of June 19, 1972, sented and read. Councilman Preg.
presented for final adoption. ler moved that the petition be
granted and the Auditor instrueied
to issue proper warrant. Seœnded
by Mayor Moldenhauer, Carried
by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms,
NaYS-None.
Petition of Joseph E. Reisdorf
requesting a' refund of $50. on the
unexpired portion of Class B. Beer
Permit No. 88, in order to obtain
a combination license, presented
and read. Councilman Pre¡ ler
moved that the petition be granted
and the Anditor instructed to issue
proper warrant. Seconded by M'a.
yor Moldenihaner. Ca'rried by the
following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, TholI16.
Na~s - None,
Petition of Harry Ganter! re-
questing a refund of $225. on Class
B beer permit No, 1330 in order
to obtain a comlbination license,
presented and read. Councilman
Pre!!ler moved that the petition
be granted and the Auditor jn-
structed to issue proper warrant.
Seconded by Mayor Moldenhaner.
332
Special Session, July 10, 1972
following Vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None,
ORDINANCE NO. 37.n
An Ordinance amending and
changing Ordinance No. 3..34 known
as the "Zoning Map and Zoning
Ordinance of the City of Dubuque,
Iowa" so as to change certain
property hereinafter described
from "Single Family Residence
District Classification" to Multi,ple
Residence District Classification,
said Ordinaoce having been pre-
viously presented and read at the
Coun.cil meeting of June 19, 1972,
presented for final adoption.
the Council and staff, Seconded \
by ColIDci1man Bitter, Carried by
the fo],[owing vote: I
Yeas - Mayor Moldenhauer,
Councilmen B ¡ tt e r, Justmann,
Pre ler, Tboms,
Nays - None.
Notice of Claim of Cal1l J. Dan.
glemeyer, in the amount of $4(!8.80,
for property damage incurred as
the result of a brolœn water line,
at 1880.62 Central Ave. on June
16, 1972, presented and read, Coun.
cilman Pregler moved that the
claim be referred to the City So-
licitor for investigation and report.
Seeonded by Mayor Moldenhauer. I
Carried by the foJlowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Notice of Claim of Mrs. Justin
Ronek, in behwlf of Jane Ronek,
a minor, for personal injuries reo
ceived by said minor, as the re-
sult of a defective fence, at Flo.
ra Pool on June 12, 1972, present-
ed and read. Coundlman Pregler
moved that tbe claim be referred
to the City Sollcitor for inv..tiga. I
tion and report. Seconded by M.a-
yor Moldenhauer. Carried by the
following vote:
Yeas - M'ayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Proof of Publication, certified to
by the pwMi.her, of Notice of pub.
lic hearing to amend Zoning Or-
dinance No. 3-34 so as to change
Lot 14 Block 2 of Westside Manor
lirom Single Family to MultiPle
Residence District Classification,
presented and read,
Attorney J. W. McCallister reo I
5Ponded to some questions raised
by the Council as to the rezoning
of the property in Westside Ma-
nor by requesting that the law
be reasonably applied to the set
of facts in the case. The people
in the neigbborhood ba've been con-
tacted and no objections have been
raised. The rezoning for a higher
use that aIa-eady is in the area,
Councilman Pregler moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Bitter, Carried by the
WaY", Ä. -Mol""haw
. p"gl"
Thom'
Mlma""
J . am"
Coo"dlme"
ATTEST'
Loo F. F"mmea
cay C""
k~~~I~h1.e~~~~¡~ Irh,Ihh1.el'il'::'~¡
J,ly,I972.
Loo F. F"onmell
cay Cle,k.
11.1/13
Councilman Pregler moved f!na,1
adoption of the Ordinance. Seeond-
ed by Counoilman Bitter, Carried
by the foJlowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pre.gler, Thoms.
Nays - None.
Proof of publication, cerlüied to
by the Publisher, of notice of pul>-
lic hearing to amend Zoning Or-
dinance No, 3-34, by amending Ar-
ticle IV, Section 2 (h) thereof as
follows: Profeosional offices or
studios of a phY'Sician, dentist, ar-
Secfl," ,: . Thãt,;;;"' ¿~;;¿i"
Arne"""'e"' h., h""of"e bee" ap-
",yed by the PI'""'"g ,"d Z,"",
Commi"io" of fhe City of D,b,o",
Iowa.
Pa"ed, a""yed ,"d ado"ed tOt,
tOth dov of J",y, 1972.
Vlme A. MoI""h""
J"eo;
COO"
ATTEST,
Leo F. F"mmet'
City C"'k
P,bli,hed officiallY i" The Tele...,h.
Hmld Ne.."a.e, mi, 13th day of
J",y,1972.
Leo F. F"mm,"
Clly Cleek.
11.1/t3
I',
I III Iii; I
334
Special Session, July 10, 1972
the approval of the City upon said
plat.
Passed, adopted and approved
this 10th day of July A.D" 1972.
Wayne A. Moldenhauer
Mayor
Walter A. PreglJ.er
Mlan T. Thoms.
C. Robert Justmann '
Joseph J. Bitter
ÜQunci1men
Carried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms,
Nays - None.
Petition of Russell E. Myers reo
question a refund of $50. on the
u"""pired portion of beer license
No. 102, in order to obtain a com.
bination license, presented and
read, Councilman Pregler moved
that the refund be granted and
the Auditor instructed to issue pro-
per warrant, Seconded by Mayor
Moldenhauer. Carried by the fol. I
lowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays - None.
Petition of Dubuque Downtown
Association merchants, requesting
permission to conduct an annual
"Krazy Day" sidewalk sale on July
14, 1972 within Town Clock Naza
and at other locations in the Down-
town area, presented and read,
Coundlman Pregler moved that
the petition be granted and
referred to the City Manager, Se-
conded by Councilman Bitter, Car.
ried by the following vote:
Yeas - Mayor Moldenbauer,
Councilmen Bit t e r, Jw;tmann,
Pregler, Thoms,
Nays - None.
RESOLUTION NO. 222.72
RJESOLUTION Approving Plat of
Lot 2 of Lot 1 of Mineral Lot
345
WHER:EAS there has been filed
with the City Clerk a plat in which
~ 2 of Lot 1 of Mineraf Lot RESOLUTION NO 223.72
345Lo~s2 ~a~~2 ~ Lot 1 of Mineral BE .IT RESOLV:ED by the Oity
Lot 345 Council of the City of Dubuque,
and Lot 1 of Lot 2 of Lot of Iowa, . that ,the foIiowin~. having
Mineral Lot 345 and complied, With the prOV'lS1~nS of
" law relatmg to the sale of C1gare!.
~REAS sMd .plat has. been tes within the City of Dubuque,
examll~ed by the City Council and Iowa, be granted a permit to sell
they fmd the same, conforms to Cigarettes and Cigarette papers
~e Statutes and Ordinances rðlat. within said City.
lllg tbereto: Judith Sehiel, 2199 University Ave.
NOW, THEREFORE, BE IT RE- uue
SOLVED BY THE CITY COUNCIL Stuart Matts, 914 Dodge Street
OF THE CITY OF DUBUQUE, Iowa Commission for the B!ind
IOWA: Post Office Building ,
Section I. That !be above de- Riicbard T, Hillard, Prince & East
scribed plat be and the same is 22nd Street
bereby approved and the Mayor Mark McGovern, 30 Locust Street
and Clerk be and they are hereby Max Rettenberger, 000 Dodge
authorized and directed to endorse Street
Attest:
Leo F. Frommelt
City Olerk
Councilman Pregtler moved adop-
tion of the resolution. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas - Mayor Mi>ldenhauer
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
RESOLUTION NO. 224.72
Approval of agreement by the
City to convey Lot 1 of Lot 2
of Lot 1 of M. L. 345 to Joseph
D. Vogt Jr. in exchange for convey.
ance by Joseph D. Vogt Jr, to
tbe City of Lot 2 of 1 of Lot
163 of L, H. Langworthy's Addn.
and directing the Clerk to publisb
notice of hearing, presented and
read. ÜQuncilman Pregler moved
that the resolution be referred to
the Planning & Zoning Commis.
sion. Seconded by Cnuncilman
Thoms. Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Councilmen B I It e r, Jw;tmann,
Pregler, Thoms,
Nays - None,
Special Session, July 1Oè.J97~- - _~3:3:5
BE IT FURrr.I:IER RESOLVED Ordinance on August 7, 1972 at
that the bonds filed with the appli. 7:30 P.M. in the Council Chamber
cation be approved. at the Oity Hall and that the City
Passed, adopted and approved Oierk be instructed to publish
this 10th day of July, 1972. notice of the hea,ring in the manner
Wayne A, Moldenhauer required by law. Seconded by
Mayor Councilman Thoms. Carried by the
Walter A. Pregler following vote:
A!IIan T. Thoms Yeas - Mayor Moldenhauer,
C. Robert Justmann CounciJ.men Bit t e r, Justmann,
Joseph J. Bitter Pregler, Thoms.
,Councilmen Nays - None.
A~:F Frommelt Mayor Moldenhauer submitted
Oit . Clerk the name of Lester J. Pihart to
y replace Thomas Flynn on the Plan-
Coun<>ilman Pregler moved adop. ning & Zoning Commission for a
tion of the resolution. Seeonded five year term to 5-:M-77 and moved
by Councilman Thoms. Carried by for ratification of the a'ppointment.
tbe foolowing vote: Seconded by Councilman JUßt-
Yeas - Mayor Moldenhaner, mann, Carried by the following
Conncilmen Bitter, Justmaoo, vote:
Pregler, Th"ms, Yeas - M'ayor Moldenhauer,
Nays - N(¡ne. Councilmen Bit ,t e r, Jnstmann,
ORDINANCE NO. 42.72 Pregler, Thoms.
An Ordinance amending and Nays - None.
changing Ordinance No. 3.34 known There being no further business
as the "Zoning Map and Zoning Councilman Thoms moved to ad-
Ordinance of the City of Dubuqu~, joum. Seeonded by Councillman
Iowa" so os to change certaIn Pregler. Carried by the followling
property herinafter described from vote:
"Single Family Residence Disi. Yeas - Mayor Moldenhauer
rict" classification to "Multiple Councilmen Bit t e r Justman;
Residence" classification, and to Pregler Thoms.' ,
include said pr_rty in Subsection Nays' - None,
(m) of Section 2 of Article IV of Leo F. Frommeilt
Ordinance No. 3-34, to permit de. City O1erk
velopment of a mobile home park,
Lot 2 of 1 of 1 of M. L. 140;
M. L. 130, Lot 2 of 2 of 1 of
4 of M. L. 122, I
presented and read, Approved """"""""'...................1972
Councilman Pregler moved that
the reading just had be con-
sidered the first reading of the I Adopted .... """"""....................1972
Ordinance. Seconded by Council-
man Thoms. Carried by the follow-
ing vote:
Yeas - Mayor MaJdenhauer, I
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Councilman PregJer moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council.
man Thoms. Carried by the fol.
lowing vote:
Yeas - Mayor Moldenhauer,
CouncHmen Bit t e r, Justmann,
Pregler, Thoms.
NaYlS - None.
Councilman Pregler moved that
a public hearing be held on the
""""""""""""".......................,..........
............................................................
"""......................................................
Councilmen
Attest: ..................................................
City Clerk,
336
Special Session, July 17, 1972.
CITY COUNCIL
ration of 20 cabs in the City, pre.
sented and read. Mayor Molden-
hauer moved tbat application be
received and filed, Seconded by
Coundlman Bitter, Ca<ried by the
following vote:
Yeas - Mayor Moldenhauer,
Council,men Bit t e r, Justmann,
Pregler, Thoms. I
Nays - None.
Statement of City Clerk certify.
ing that notices of public hearing
on taxicab operator's permit were
maiWd by regular mail on June
30, 1972 00 applicant, Mrs. Luer.
kens, Taxicab operator in good
standing Mr. Bob Zahina, copy
mailed to Attorney IWbert M,
Bertscb for the benefit of Joesph
J. Even, also posted COpy in City
Hail, according to the requirements
of Ordinance No. 83-57 upon reo
ceipt of application of Tancæb Ope.
rator',s Permit, presented and read.
Mayor Moldenhauer moved that
the statement be received and
filed. Seconded by C<>Ullcilman BU.
ter. Carried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
OFFICIAL
Special Session, July 17, 1972.
Council met at 7:30 P.M. (D.
S.T.)
Present - Mayor Moldenhauer,
Councilmen Bit t e r, JustmaM,
Pregler, Thoms. City Manager Gil.
bert D. Chavenel'le.
"tayor Moldenhauea- read the ca!il
and stated that service thereof had
been duly made and this meeting
is called for the purpose of ACT.
ING UPON A RESOLUTION AU.
THORIZING AND DIRECTING
SUBMISSION OF AN APPLICA-
TION FOR LOW-RENT HOUSING
PROGRAM UNDER SECTION 23,
ALSO TO CONDUCT A PUBLIC
HEARING ON THE APPLICA.
TlON OF A TAXICAB OPERA-
TORS PERMIT, and acting upcn
such other business as may pro-
perly come before a regulAr meet.
L."g of the Council.
Mayor Moldenhauer presented
the fo1!J.owing named persons for
appointment to various Boards and
Commissions; Charies K. Sitter.
ly, Robert C. Wirzbach, Howard
F. lligley for four year teoms to
7.12.76; Donald H. Ehler,s, John
S. Shifflet! for three yea,r terms I
to 7.12.75 ail to the Boa,rd of E'lec.
!rical E"aminers, Merwyn Ellis,
Robert C. Wir¡jbach, Howa<d Hig.
ley for four year terms to 7-12.
76; Donald H. Ehlers, Rtchard C.
Henschel for tbree year terms to
7.12-75 ,,11 to the Electrical Board
of Appeal. Mrs. James O'Brien
reappointed to the Playground &
Recreation Commission for a three
year teom to 7.:>-75. Mr, Robert
Luthro reappointed to the Mvisory
Commission for a three ye..r term
to 7-5-75. Councilman Pregler
moved ratification of the appoint.
ments, Seconded by Mayor Mol-
denhau.er. Carried by the follow.
ing vote:
Yeas - Mayor Moldenhauer, \
Councilmen Bit t e r, Justmann,
Pregler, Thoms,
Nays - None,
!.pplication for taxicah Opera.
tor's Permit submitted by Wi 1.
liam & Jeanette Luerkens, 960-201h
Street, Marion, Iowa, for the ope-
Communication of attorney Ti
mothy S. White submitting a fi.
nancial statement of Mr. & Mrs.
Luerkens, also a cost analysis, a1s<>
suggested changes in the present
Ordinance 11.00 relating to estah.
lishment of metered rate services
and prlc,es for transportation of
passengers by taxicabs, presented
and read. Mayor Moldenhauer
moved that the communication be
received and filed, Seconded by
Coundlman Bitter. Carried by the
following vote:
Yeas - Mayor Moldenbauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Mayor Moldenhauer moved that
the rules be suspended in order
to let anyone present addre.s the
Council if they so desire. Second.
ed by Councilman Justmann. Car-
ried by the fol!oWÌllg vote:
Yeas - Mayor Moldenhauer.
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Attorney Tim White requested
exclusive right for his client Mrs.
Special Session, July 17, 1972 337
Luerkens in the operation of C..b3 vide a five dollars an hour waiting
By ex¡olusive he indicated that his charge,
o;tent is not to be invaded b~ presented and read.
anyone else in the operation of Councilman Bitter moved that
the cab business, unless they give t'he reading just had be consider-
sha'bby service, However he was ed the tiirst reading of the Ordin.
of the opinion that his client wir ance. Seconded by Councilman
do everything possible to provide Thoms. Carried by the foNowing
adequate service. Mr, Art Konzer vote:
again spoke of his problem and Yeas - Mayor Moldenhauer,
contract with the Airport as h> Councilmen Bit t e r, Justmann,
Limo Service, although he bas no Pregler, Thoms.
limousine availal>1e at this time. Nays - None.
Mr, Owen Riley, president of the Councilman Pregler moved that
General Drivers Union spoke in the rule requiring an Ordinance
fa,vor of tbe ¡>etitione<, however to be read on three separate days
he questioned the wisdom of be waived. Seconded by Council.
granting exclusive rights. Mr. Bob man Thoms, Carried by the follow.
Zahina, owner of Diamond CaI ling vote:
Co., which ha,s l,ain idle for, eight Yea. s - Mayor Moldenhauer,
years, stated that he sti1! has Councilmen Bit t e r, Jnstmann,
three cwb permits, and said he Pregler, Thoms.
is wi1Iing to se.n his a..ets, Nays - None.
Councilman Justmann moved for
the granting of twenty permits for
operation of cabs in the City of
Dubuque to Mrs. Luerkens or a
corporation to be formed by her,
Seconded by Mayor Moldenhauer
Councilman Bitter moved to amend
the ortginal motion that permEs
be contingent upon execution of
a contract which contains adequate
protection for the City. Seconded
by Councilman Thoms, Carried b)
the following vote:
Yeas - Mayor Moldenhau€:
Councilmen Bit t e r, Justmann,
P"egIer, Thoms.
Nays - None.
Councilman Pregler moved that
the City Manager and staff be
anthorized to execute an agree.
ment. Seeonded by Mayor Mol.
denhauer. Carried by the follow.
ing vote:
Yeas - Mayor Moldenhauer
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
ORDINANCE NO. 43.72
An Ordinance Amending Ordinance
No. 11-69 by re¡>ealing Section 2
thereof and enacting a new Section
2 in lieu thereof to provide for
the rate or fare to be paid by
one .passenger from fifty cents for
the first quarter mile to sixty cents
therefor and to provide for rate I
or fare to be charged each passen. I
ger regardless of origin and re-
gardless of destination and to pro-
Special Session, July 17, 1972
339
Special Session, July 17, 1972
GENERAL LIABILITY.
Ken Schromen, Bituminous Casual.
ty
338
July 11, 1972
To the Honorable Mayor
and City Council
Attached are three copies of
"Letter of Agreement" between the
City of Dubuque, Ryan Construc.
tion Company and Key City Invest-
ment Company all having been
signed by the Ryan Company and
Key City Investment Company,
The agreement stipulates the
condition tbat tbe City of Dubuque
will grant curb cuts into John F.
Kennedy Road and Wacker Drive
to serve the Zayre Store,
It is recommended by the Eng-
ineering and Planning Depart-
ments that said agreement .be exe.
cuted. I, therefore, request your
Honorable Bndy to grant the City
Manager the authortty to sign saM
agreement.
Gilbert -D. Chavene![e
City Manager
Coundlman Pregler moved ap.
proval of the recommendation and
the City Manager be given author.
ity to sign the agreement. Seconded
by Councilman Thoms. Carried by
the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays - None,
Notice of claim of Harvey A.
-Duve, in the amonnt of $60,09,
for tire damage incurred as the
result of striking a protruding rod
in driveway exit at Flora Park
on J,uly 2, 1972, presented and read.
Councilman Pregler moved that
theelaim be referred to the City
Solicitor for investigation and reo
port. Seconded ,by Counci!man Bit.
ter. Carried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pre~er, Thoms.
Nays - None,
ORDINANCE NO. 44.72 .
An Ordinance vacating the public
street which shall hereafter be de-
scribed and platted as Lot A of
Lot 1 of Lot 1 of Bethany Addition:
Lot A of Lot 4 of St. Francis
Subdivision: Lot A of Lot 1 of
Lot 1 of Lot 3 of St. Francis
Subdivision (except the West 4ð
feet of the North 1,320 feet thereof)
Lot A of Lot 1 of Lot 2 of Lot
1 of Lot 3 of St. Francis Sub.
division (except the west 4ð feet I
of the North 1,320 feet thereof);
Lot A of Lot 2 of Lot 3 of St.
Francis Subdivision (except the
West 4ð feet of the North 1,320
feet thereof), all in Section 12,
Township 89 North Range 2 East
of the 5th P.M. being in Dubuque
Township, Dubuque County, Iowa,
now in the City of Dubuque, Iowa,
and which lies within portions of
Bethany Addition and St. Francis
Subdivisions in the City of Dubu-
que, Iowa.
presented and read,
Mayor Moldenhauer moved that
the reading just had be considered
the first reading of the Ordinance,
Seconded by Councilman Pregler.
Carried by the foNowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Mayor Moldenhauer moved tbat
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council.
man Pregler, Carrted by the fol.
lowing vote:
Yeas - Mayor Moldenbauer,
Councilmen Bit t e r, Justmann,
Pregler, Thorns.
Nays - None.
Mayor Moldenhauer moved tbat
a public hearing be held on the
Ordinance on August 21, 1972, at
7:30 P. M. in the Council Chamber
at the City Hal! and that the City
Clerk be instructed to publish no-
tice of the hearing in the manner
required by law. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas - Mayor Moldenhauer,
Councilmen B H t e r, Justmann,
Pregler, Thoms.
Nays - None.
Petitiou for suspension or remis.
sion of taxes on ac'count of old
a.ge and infumity for HIlda N.
Leppert of 1010 Wilson Street Lot
2 of Sub. of 4 in Cains Subdi-
visions, as submitted by the Du.
buque County, presented and read.
Councilman Pregler moved appro.
val of the petition and the Clerk
be given authority to sign for de-
livery to the County Auditor. Se.
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas - Mayo,r Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Gilbert D. Chaveneiile
City Manager
Councilman Bitter moved ap.
proval for filing subject to appro.
val of the City Solicitor. SeeondGd
by Councilman Thoms. Carried by
the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thorns,
Nays - None.
Communica,tion of Ctty Manager
recommending granting of permit
to Snn Oil Company to construct
a car wash at Pennsylvania Ave.
and J. F. K. Road, said communi-
cation haV'ing been previously pre.
sented and read at the Council
meeting of July 3, 1972, presented
and read.
Mr. L. W, Lemon, representative
of Snn Om Co., presented a plat
of the pr.oposed car wash and ex.
plained same in detaH as to stack
up lanes, ingress and egress, water
problems and sewer problems, to
the satisfaction of the Council.
Mayor Moldenhauer moved that
the recommendation of the Mana.
ger be approved and permit be
granted to construct the car wash,
Seconded by Councilman Pregler.
Carried by the fol!owing vote:
Yeas - Mayor Moldenhauer,
CouncHmen BHter, Justmann,
Pregier, Tho_.
Nay's - None.
July 14, 1972
To the HonoraMe Mayor
and City Council
Street lighting has been r e .
quested on GileIlM'Ood Court and
Croston Street.
It is recommended tbat three
175 watt mercury vapor ]ignts be
installed. These will be boulevard
type standards installed by the de-
ve1oper and connected by under.
ground wiring.
Gilbert D. ChaveneUe
City Manager
Councilman Bitter moved that
tbe recommendation be approved,
Seconded by Conncilman Pregler.
Carried by the foUowing vote:
Yeas - Mayor Moldenhauer,
Councilmen B i U e r, Justmann,
Pregler, Thoms.
Nays - None.
,J
f)
p""d, ,p",y,d ,nd ,doplod Ihl,
17th dov of ;oly, 1972.
Wovno A. Mold,"h,""
Movo<
W"", A. p"gl"
All," T. Thom'
C. Rob,,1 Jo,'m,nn
""ph J. Bitl"
C"n<lIm,n
ATTEST'
Loo F. Fmmm,"
City CI"k
Pobil,Md offld,lIy in Tho ToI,g",h-
"",Id N,w",'" Ihl, 21" dov of
Joly,1972.
Loo F. Fmmm'"
c;ty C!o,k.
11.7/21
Councilman Bitter moved ftnal
adoption of the Ordinance, Se.
conded by Councilman Thoms. Car.
ried by the fol!owing vote:
Yeas - Mayor Moldenhaner,
CouneHmen Bit t e r, Justmaun,
Pregler, Thoms,
Nays - None.
Communication of Low . Rent
Housing Commission submitting
minutes of their meeting of July
11, 1972, presented and read. Coun-
c;lmanPregler moved that the
communication be received and
filed. Seconded by Councilman Bit-
ter, Carried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays - None,
July 12, 1972
To the Honorable Mayor and
Members of the City Council
This Is to advise that I have
approved the foJlowing bonds and
desire to bave your approva,l on
same.
SIDEWALK
Fischer Investment Com pan y,
Hawkeye-Security Insurance Co.
Clarence Ostrander, Western Sure-
ty Company
Dubuque Blacktop Inc., Me.chants
Mutual Bonding Co.
340 Special Session, July 17, 1972
Petition of Mrs. Ray Nicks et Councilman Pregler moved that
al requesting the 'installation of the communication be received and
a street light between 2826 and filed, and referred to the Manager
æ62 on Brunswick Street, pre. and Council for Manager response.
sented and read. Councilman Preg. Seconded by Councilman Bitter,
ler moved that the petition be reo Carried by the following vote:
ferred to the Manager and Elec- Yeas - Mayor Moldenhauer
trica'l Inspector for investigation Councilmen Bit t e r J-ustmann'
and report. Seconded by Councll- Pregler, Thoms.' ,
man Thoms, Carried by the fole Nays - None.
lowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
pebition of Department of Re-
creation, Cal Murdock, requesting
permission to conduct a bike race
on Kerper Blvd. from 11th Street
to Hawthorne Street on Sunda'y
August 6Iili and a Bike-A-Thon on
August Mh, presented and read.
Coundlman Pregler moved that
the petition be granted and referr.
ed to the Manager fur tmplemen-
ta.tion. Seconded by Councilman
'J1boms, Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, ThDms,
N<1Ys - None.
Petition of Paul W, SChoIimeyer
requesting a refund of $225. on
tbe unexpired portion of Class B
Beer permit No. 144!1, applying for
a combination license, presented
and read. Councilman Pregler
moved tbat the refund be granted
and the Aud'itor instructed to issue
proper warrant. Seconded by Coun.
cilman Bitter. Carried by the fol-
lowing vote:
Yeas - Mayor Moldenbauer,
Councilmen BtHer, Justmann,
Pregler, Thoms.
NaY" - None.
Petition of Colt .45 Drnm & Bugle
Corps requesting permission to sill
apples on JUly 24th to raise money
to send the corps to the Nationals
in August, and that July 24th be
declared Colt .45 Apple Day, pre-
sented and read. Councilman Preg-
ler movedawroVaJ. of the petition
to he referred to the City Manager.
Seconded by Councilman Thoms.
Carried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitt e r, Justmann, I
Pregler, Thoms,
Nays - None,
Petition of Dubuque Professional
Fire Fighters Ass'n, requesting
permission to address tbe Council
on Working conditions, presented
and read,
Mr, Ron Kann, Carl Winters,
and Mark Anglin were represent-
ing the firefighters gronp. Mr.
Kann stated that for eight montbs
noW they have been .trying to work
out a grade. Men working out of
grade shouid be compensated for
fi]Ilng in. The men also mentioned
sick plan and accumulated days.
Petition of Fischer & Co. Inc,
d-b.a Fischer Bowling Lanes reo
questing a refund of $150, on tbe
unexpired portion of Class B, Beer
Permit No. 633 apply.ing for a oom-
bination license, presented and
read. Councilman Pregler moved
tbat the refund be granted and
the Auditor instructed to issue
proper warrant. Seeonded by Coun.
cilman Bitter, Car.ried by the fol-
lowing vote:
Yeas - Mayor Moldenbauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Petition of Kenneth J. Love reo
questing a refund of $150. on the
uneJOpired portion of Beer permit
No, 382, applying for a combination
license, presented and read, Coun.
cilman Pregler moved that the pe-
tition be granted and the Auditor
instructed to issue proper warrant.
Seconded by Councftman Bitter.
Ca,rried by the following v<>te:
Yeas - Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms,
Nays - None.
Petition of Dorothy Jewell re-
questing a refund of $20, on an
unused restaurant license due to
landlord objecting to se1ling pizzas
Special Session, July 17, 1972
341
from the home, presented and
read, CounciIman Pregler moved
that the refund be g'ranted and
the Auditor instrncted to issue pro-
per warrant. Seconded by Counc.il-
man Bitter. Carried by the fol.
lowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays - None.
June 30, 1972
To the Honor~ble Mayor and
Members of the City Council
This is to advise you that the
Sanitary Sewer constructed in John
F. Kennedy Road, from &pring Val-
ley Road, North, East SŒde, for
a distance of 6CY1 feet, has been
completed substanti"'lIy in accor.
d&1ce with the plans and specifi- I
cations by Tschiggfrle EXlCa,vating
of Dubnque, Iowa,
GiMJert D. ChaveneHe
City Mana,ger
CounclIman Bitler moved that
the communication be received and
filed. Seconded by Councilman
Justmann, Carried by the follow-
ing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Final Estimate
RESOLUTION NO. 225.72
WHEREAS, the contract for the
construction of Jobn F. Kennedy
Road Sanitary, Sewer, from Spring
Valley Road, North, East Side -
1971 has been completed and the
City Engineer has submitted his
fina'l estimate sbowing the cost
thereof i1Wlnding the cost of es.
timates, notices, inspection, and
preparing the assesment and plat,
NOW THEREFORE, BE IT RE.
SOLVED, by the City Council of
the City of Dubuque,
That the cost of said tmprove.
ment is hereby determined to be
$7,355.35.
That $7,003,65 of the cost there.
of shall be assessable upon pri-
vate property and $351.70 shaH be
paid from the Sanitation Fund of
the City of Dubnque.
Passed, adopted and approved
this 17th day of July, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
AlIan T. Thoms
C, Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F, Frommelt
City Clerk
CounclIman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas - Mayor Moldenhauer,
Counci[men Bit t e r, Jnstmann,
Preg.Jer, Thoms,
Nays - None.
(A Resolution Accepting Improve-
mEnt and Directing the Clerk to
Publish Notice.)
RESOLUTION NO. 226-72
WHERJEAS, the contract for the
constrnction of John F, Kennedy
Road Sanitary Sewer, from Spring
VaHey Road, Nozth, East Side -
197'1 has been completed and the
City Manager has examined the
work and filed his certificate stat-
ing that the same bas been com-
pleted according to the terms of
the contract, plans and specifica.
lions and recommends its accep-
tance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dnhuqne
that the recommendation of the
City Manager be ,"pproved and
t.hat said improvement be and the
s'ame is hereby ae<:epted and the
City Engineer be and is hereby
directed to prepare a plat and
scheduIe showing the lots or par.
cels of real estate subject to as-
sessment for said improvement
and file the same in the office
of the City Clerk snhject to pub-
lic inspectinn and said Clerk !!ha,1I
upon receipt of such plat and sche.
duie puliIish the notice of the Coun-
coil's intention to levy special as.
sessments therefor, as required by
law.
BE IT FURTHER R<ESOLVED,
that the City Treasnrer be and
he is hereby directed to pay to
the contractor from the funds to
be realized from tbe sale of sewer
bonds issned upon the above de-
scribed improvement in amount e-
qual to the amount of bis con-
tract, less any retained percen-
tage proV'ided for therein.
342
Special Session, July 17, 1972
Passed, adopted and approved
this 17th day of July, 1972.
Wayne A, Moldenhauer
Mayor
Walter A. Pregler
man T. Thoms
C. Rohert Justmann
Joseph J. Bitter
Councilmen,
Attest:
Leo F. Frommmt
City Clerk.
Connci~man Preg'ler moved ado¡>-
tion of tbe resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas - Mayor Moldenbauer,
Councilmen Bitter, Justmann,
Pregler, Thoms.
Nays - None.
Proof of Publication, certified to
by the publisher, of notice of pen.
dency of resolution of necessity
for public .improvements and hear-
ing upon proposed plans and speci.
fications, form of contract, and
cost of improvements for the con.
struction of 1972 Traffic Signa! pro-
ject-Asbury Road and Carter Road
and John F. Kennedy Road and
Pennsydyania Avenue, presented
and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at tbe
time set for the bearing.
Councilman Bitter moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None,
Decision of Council upon objections
to plans, _eifications, form of
contract and cost of improvements
RESOLUTION NO. 'JJ.7.72
WHEREAS, proposed plans and
specifications and form of contract
for the coustruction of 1972 Traf-
fic Signal Project. Asbury Road
and Carter Road and John F.
Kennedy Road and Pennsylvania
Avenue have been approved by
tbe City Council of the City of
Dubuque and public notice given
as provided by Chapter 23 of tbe
Code of Iowa 1971 pertaining to
pub'lic contracts and bonds, and
the time and pla,ce fixed for the
hea,ring of am objections to said
plans, specifications or contract for
or cost of such improvements, said
time being this 17th day of July
1972; and
WHEREAS, the City Council. met
in spectal session this 17th day
of Jniy, 1972, at 7:30 o'clock P.
M, at the Council Chambers in
the City Hall for the pul'pose of
hearing an interested parties all!!
considering any and all objection;
which have been filed to the pro-
posed plans, specifications or con-
tract for or cost of the improve-
ment herein described and pro-
posed to be made; and
WHERE'AS, all interested parties
have been given an opportunity
to be heard and a!Il objections
which have been duly weighed and
considered; now, therefore
BE IT RESOLVED by the Oity
Council of the City of Dubuque,
that all objections which have been
made and filed to the plans, speci.
fications, contract for or cost of
said improvement herein described
and proposed to be made, be and
the same hereby overruled and
such plans, specifications and form
of contract heretofore approved are
bereby adopted.
BE IT FURTHER RESOLVED
that this resolution containIDg the
decision of this Council upon al!
objections which bave been filed
to the plans, specifications and
form of cost said improvement be
made a matter of permanent re-
cord in connection with said im.
provement.
Passed, adopted and approved
this 17th day of July, 1972,
Wayne A. Moldenhauer
Mayor
Walter A. Preg'ler
man T. Thoms
C, Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitter moved adop-
tion of the resolution. Seconded
by Councilman Pregler, Carried
by the folJowing vote:
Yeas - Mayor Moldenbauer,
Councilmen Bit t e r, Justmann,
Pregl.er, Thoms.
Nays - None.
Special Session, July 17, 1972
(Necessity for Improvement)
RESOLU11ION NO. 190-72
WHEREJAS, proposed plans, ope-
cificamons, form of contrIWt ba"e
been duly prepared and approved
by the City Council of the City
of Duhnque and are now on file
in the oOO,ce of the City Clerk
showing among other thin!!" the
foDowing:
(1) An esfjmate of the cost of
the proposed improvement for the
1972 trlll!fi.c signa! project; Asbury
Road and Carter Road, John F,
Kennedy Road and Pennsylvania
Avenne,
BE IT 'l'HI!1REFOBE Rœ:SOLV.
ED that the City Council on its
own motion or upon petition of
property owners, deems it advis-
able and necessary for the pubdic
welfare to make the heremmen.
tionect improvement, and unless
property owners at the time of
the final consideration of this pro.
posed resolution have on file with
the City Clerk objections to the
amount of the cost of improvement,
they shaM be deemed to have
waived aD objections thereto.
Said improvement shaH be con.
structed and done in aœordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on IDe with
the City Clerk. That the cost and
ex:pense of makin,g said improve
ment wm be paid from the Street
and Tra~ Lighting Fund and the
Road Use Tax Fund.
The above resolution was intro-
duced, a¡pproved, and ordered
placed on file with the City Cierk
this 19th day of June, 1972,
Approved and placed on file for
final action,
The foregoing resolution was
finally passed and adopted, as pro-
posed, by tIbe City Councll this
17th day of JnJy 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Man T. Thoms
C. Robert Jnotmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
Oity Clerk
343
Counetlman Bitter moved final
adoption of the resolution, Seeond.
ed by Councilman Pregler. Car.
ried by the following vote:
Yeas - Mayor Moldenhauer,
Councilman Bit t e f, Justmann,
Pregler, 11boms.
Nays - None,
Proof of Publication, cectilied to
by the Publisher, of Nutice to con-
tractors of the receipt of bids for
the construction of 1972 Traffic Sig-
nal Project Asbury Road and Car-
ter, and J. F. K. Road and Penn.
syayania Avenue, presented and
read,
CounciIm'an Bitter moved that
the proof of publication be re-
ceived and filed, Seeonded by
Councilman Pregler, Carried by
the following vote:
Yeas - Mayor Moldenhauer,
ColU1lci1men Bit t e r, Justmann,
Pregler, Thoms,
Nays - None.
Ju[y 14, 1972
To the Honorable Mayor
and Members of the City Councll
Pursuant to your instructions,
sea.Iedproposals were received un.
til 10:00 a.m. Centra! Daylight
Saving Time, Thnrsday, Juily 13,
1972 for the 1972 Traffic Signal
Project: Ast>ury Road and Carter
Road, John F. Kennedy Road
and Pennsylvania Avneue.
Although five sets of bid docu.
ments were taken out, only one
bid wa's submitted by MoJdt Ðlec.
tric Company of Dubuque, Iowa.
Their bid of $14,696,21 was 6.29
perceni! below the Engineer's esti-
mate.
I recommend that the contract
for improvement be awarded
the Moldt Electric Company.
Gilbert D. Chavenelle
City M,anger
CouncHman Pregler moved that
the communication be received and
filed. Seconded by Councilman
Thoms. Carried by the folIowing
vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pre!ller, Thoms.
Nays - None.
(Awarding C_ract)
RESOLUTION NO. 228.72
WlHEREAS, sea!ed proposals
have been submitted by contrac.
tors for the construction of 1972
Traffic Signa.I Project, Aobnry
344
Special Session, July 17, 1972
I Section Z3, of the U.S. Housing
Act of um, as amended, presented
and read.
Mr. Walter Clark asked the ques-
tion why build new bomes when
they Me not needed.
Rev, Odden and Da"e Bisenius
addressed the Council and were
cognizant of the f""t that there
is some objection to the construc-
tion of homes with S'ÎX bedrooms.
Councilman Bitter moved thai.
the proof of publication be reo
cei"ed and filed, Seconded by
Councilman Pregler. Carried hy
the fo!1owing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Jl1stmann,
Pregler, Thoms.
Nays - None,
Road and Carter Road, and John
F, Kennedy Road and Pennsyl-
vania Avenue.
pursuant to Resolution No. 192-72
and notice to bidders published
in a newi!Paper published in said
City on June Z3, 197'2 and June
30, 197'2; and
WHEREAS, said sealed propo.
sa!s were opened and read on July
13, 19'12, and it has been deter.
mined that the bid of Moldt Elec.
tric ColllŒ'any of Dubuque, Iowa
in the amount of $14,696.21 was
the lowest bid for tbe funœhing
of all labor and materia1s and
performing the work as provided
for in the plans aDS specifications:
now therefore,
BE IT RESOLVED by the City
Council of the ctty of Dubuque R,ESOLUT,ION NO. 229.72
that the contract for the above Authorizing and directing the sub.
mentioned improvement be award- mission of an a¡>pIication for a
ed to Moldt Ðlectric Company and Low.Rent Housing Program under
tbe Manger be and he is hereby Section 23 of the United States
directed to execute a contract on Housing Ad of 1937, as amended
behalf of the C1ty of Dubuque for WHEiREAS, the C¡ty Council of
the complete performance of said the City of Dubuque has caused
work. a notice of this Resolution to be
BE IT FURlI'HER RESOLVE- published on June 29, HI12 in the
tbat upon the signing of said con. Telegraph.Herald, a newspaper of
tract and the approval of the con. general .circulation in the City of
tractors bond the City Treasurer Dubuque, Iowa, 'and which publi-
is authorized and instructed to re- cation date is at 'least illteen days
turn the bid deposits of the unsuc. prior to the meeting at which it
cessfuJ. bidders. is proposed to take a'ction on the
Passed and adopted this 17th day Resolution; and
of July, 1972, WHER'EAS, the Dubuque Low-
Wayne A. Moldenhauer Rent Housing Commission, pur.
Mayor suant to the authority granted to
Waiter A. pregier the said Commission by the City
Allan T. Thoms Council of the City of Dubuque,
C. Robert Justmann has undertaken a study and anal.
Jose<ph J. Bitter ysis of housing needs and the ,a"ail-
Councilmen ability of housing within the City
Attest: of Dubuque; and
Leo F. Frommelt WHE,R'EiAS the Dubuque Low-
City Clerk. Rent Housing Commission based
Councilman Pregler moved ad. upon the findings of such study
option of the resolution, Seconded and analySls, bas found !and deter-
b Councilman Thoms. Carried by !"med that there are unmet bous-
t~e fol!owing vote: mg needs for low-mcome famil1es;
Yeas - Mayor Moldenhauer, and
Councilmen Bit t e r, Justmann, WHERÐ~, the Dubuque Low-
Preg¡ler, Thoms. Rent Housmg C?mm1SSl0~ rOCom.
Nays - None. mends to the City ()ounc¡] of the
\ City of Dubuque that an applica.
Proof of PuJjfl,cation, certified to tion for a low.rent housing pro.
by the publisher, of. Legaæ Notice gram under Section Z3 of. the Unit-
of a hearing on proposed resolu. ed States Housing Ad of 007,
tion authorizing and directing the \ as amended, for two hundred fifty
submission of an .applic,ation for (250) dwelli. 'ng units for oc,cupaDlcy
a low-rent housing program under by low. income families be fHed
I
Special Session, July 17, 1972
with the United States Department Passed, approved and adopted
of Housing and Urban Develop. this 17th day of July, 1972.
ment to help meet said housing Wayne A, Moldenhauer
needs for low.income families, and Mayor
WHE!REAS, the United States Walter A. Pregler
Department of Housin'g and Ur- Allan T. Thoms
ban Development has adopted fer. Joseph J, Bitter
taln Project Selection Criteria to Councilmen
evaluate all applications for low. Attest:
rent housing assistance; and Leo F, Frommelt
WHE,REAS, the Low-Rent Hous- Clty Clerk
ing Commission has prepared, a Councilman Pregler moved adop-
Statement of Intent to comply w1th tion of the resolution. Seeonded
the afo~mentioned Project Selec. by Mayor Moldenhauer. Carried
tion Cntena reqillrement; now by the following vote:
therefore Yeas - Mayor Moldenhauer,
BEl IT RESOLVÐD BY TffiE Counc!!men Bitter, Pregler,
CITY COUNC1L OF THE CITY l1homs.
OF DUBUQUE, IOWA: Nays - Councilman Justmann.
Section 1. That ,based upon the RESOLUT,ION NO. 230-72
study, analysis and recommenda. WHEREAS, CIty of Dnbuque,
tion of the Dubuque Low.Rent Iowa and Illinois Central Rail.
Housing Commission, it is hereby road' Company ha"e agreed on the
found and determined that there terms and conditions whereby said
is ,a need for low.rent housing as. railroad 'company has granted Du.
sistance to meet certam low.m. buque a license to construct and
come fam¡Jy housmg needs not he. maintain a sixteen-inch water main
ing adequately met by private en. on railroad property.
terprise within its area of opera- NOW 11HEoREFORE BE IT HiE.
tion. SOLVED BY THE CITY COUNCrL
OF 'J1HE CITY OF DUBUQUE,
IOWA:
Section 1. That the agreement
dated May 4, 1972, by and ,between
City of Dubuque, Iowa, and Illinois
Centra'l Railroad Company, cover.
ing terms and conditions of grant
of license to Dnhuque for the con.
struction and erection of sixteen.
inch D.l. water pipeline on railraod
company property, be and the
same is hereby approved.
Section 2. That -the City Mana'ger
be and is hereby authorized and
directed to execute said agreement
on beha'lf of the City of Dubuque,
Iowa,
Passed, approved and adopted
this 17th day of July, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T, Thoms
C. Robert Justmann
Joseph J.Bitter
Counc;¡men
Attest:
Leo F, Frommelt
City Clerk
Councilman Pregler movedadOp.
tion of the resolution. Seeonded
Section 2. That the Mayor of
the City of Dubuque lbe and is
hereby authorized and directed to
eXt'CUteand cause to be submitted
to the United States Departmen-t
of Housing and U~ban Develop.
ment, an a'wlication for financial
assistance fur two hundred fifty
(250) dwellin.g units for occupancy
by families to be provided b y
leasing privately owned housing in
scattered locations under Section
23 of the United Sta-tes Housing
Act of 1937, as amended.
Section 3, That the Mayor of
the City of Dubuque be and is
hereby authorized and directed to
execute on behalf of the City of
Dubuqne, a Statement of Intent
of the City of Dubuque to comply
with requirements of the Project
Se1ection Criteria which is toac.
company tbe aforementioned ap-
plication.
Section 4. That the City Manager
be and is hereby authorized and
directed to provide or cause to
be provided such admtional sup.
porting documentation which may
be required by the United States
Department of Honæng and Urban
Development.
345
346
Special Session, July 17, 1972
by Couœilman Bitter. Carried by
the following vote:
Yeas - Mayor MdMenhauer,
Councilmen. Bitt e r, Justmann, I
Pregler, Thoms.
Nays - None.
RESOLUnON NO. 231.72
WlHEiREIAS, applications for Beer
permits ha,ye been snhmitted to
this Council for approval and the
same have been e"amined; NOW
'l'HEI\iEFORE
BE !1T RESOLVED by the Oity
Council of the City of Dubuque,
Iowa, that the following applica.
tions ,be granted and permits is.
sued upon the complialllCC with the
terms of the ordinances of the
City.
CLASS "8" &EER P'ERMIT
DuI>uque Jaycees, 1DC" lUverside
Ball Park
DuI>uque Jaycees, Inc., 6th & Main
Town Clock Plaza
Passed, adapted and approved
this 17th day of July, :um.
Wayne A. MdIden'hauer
Mayor
Walter A. Pl'egler
Allan T, Thoms
C. Rohert Justmann
Joseph J. Bitter
Councilmen
Attest:
LeI> F. Frommelt
Oity Clerk
Councilman Pregler moved ad\> >-
tion of the resolution. Seconded
by Councilman Bitter, Carried by
tbe following vote:
Yeas - Mayor Molden'hauer,
Councilmen Bitt e r, Justmann,
Preli!er, Thoms.
Nays - None.
R,ESOLUTION NO. 232.72
WHER:EJAS, applications for Beer
permits were filed by the within
named appIi<:ants and they have
received the approval. of this Coun.
cil; and
W1HEJR;EiAS, the premises to he
œca¡pied by such app1k>anÚl were
inspected and found to comply with
the ordinances of this City and
they have filed proper bonds;
NOW THEREFORE, BE IT RF,
SOLVED by the Oity Council of
the Oity of Dubnque, Iowa, that
the Manager he au1horized to cause
to he issued to the foll.owing named
appIieaDts a Beer permit.
CLASS "B" BEER PERMIT
Dubnq"" J'a-ycees, Inc., Riverside
Ball P,ark
Dubuque Jaycees, Inc" 6th & Main
Town ClocI< Plaza
BE rrr FUM'RER ßIESOIN'EID
that the bonds filed by such ap-
plicants .be and the same are here.
by approved. .
Passed, adopted and approved
this 17th day of July, lIm!.
Wayne A. Moldenhauer
Mayor
Wal.ter A. Pregler
Allan. T. Thoms
C. Robert JUBtmann
JOS"Ph J. Bitter
Councilmen
Attest:
Leo F. E'rommelt
City OIerk
Crnmcilman Pregler moved adop-
tion of ,the resolntion. Seconded
by Councilman Bttter. Curled by
the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
RESOLUTION NO. 233.72
WŒlEIR>EAS, appu"ations foor Li.
quor licenses have been submitted
to this Council for approval and
the same -have been examined,
NOW THEiRiEJFOR.E BE IT RE-
SOIN'EID by the City Counclil of
the City of Dubuque, Iowa, that
the following applications be grant.
ed and Uœnses issned upon the
compliance with .the terms of the
IOWA LIQUOR OONTROL MJr -
0IIM'rI1ER 131 - as amended by
the 64th General Assembly, 197\1.
CLASS "C" COMMERC,IAL &EER
AND UIQUOR LICENSE
Robert P. Ke~ & Ronald T.
Amundson, 1001 Main Street
Passed, adopted and approved
this 17th day of JuJy, 1m.
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 adO! >-
tion of the resolution. Seconded
Special Session, July 17, 1972
by Councilman Bitter. Carrted by
the fo!lowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
NaYS-None.
RESOLUTION NO. 234-72
WHERJMS, applications for Li.
quor licenses were filed ,by the
within named applicants and they
have received the a']>p1'oval of this
Council; and I Approved
WHEIREAS, the premises to be
oceupied ,by such applicants were
inspected a'nd found to comply with I Adopted ......................................1972
the State Law and all City ordin.
ances relevant thereto and they I
have filed proper bonds;
NOW THEREFORE BE IT RE-
SOL\'EID by the City Council of
Dubuqne, Iowa, that the Manager
be authorized to cause to be issued
to the following named applicants
a Liquor u"ense.
CLASS "c" COMMERCIAL BEER
& LIQUOR LICENSE
Robert P. Kelly & Ronald T,
Amundson, 1001 Main Street
Passed, adopted and approved
this 17th day of July, 1972,
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Fromme¡]t
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Councilman Bitter moved that
consideration of the Yonth Services
Program be referred to the next
regular meeting scheduled for Au-
gust 7, 1972. Seconded -by Council.
man Pregler. Carried by the tal'-
lowing vote:
Yeas - Mayor M()ldenhauer,
Councilmen Bit t e r, Justmann, I
Pl'egler, Thoms.
Nays - None.
There being no further business
Councilman Bitter moved to ad-
journ, Seconded by Councilman
347
Pregler, Carried by the following
vote:
Yeas - MJayor Moldenhauer,
Councilmen Bit t e r, Jnstmann,
Pregler, Thoms.
Nays - None,
Leo F. Frommelt
City Clerk
...................1972
..,.............,...................................,....
Councilmen
Attest: """"'.........................................
City Clerk.
I
348
~ Session, July 24, 1972
CITY COUNCIL
City hydrants are members of their
local and tbat painting of hydrants
is within the scope of their duties
presented and read. Counciima';
Pregler maved tbat the communi.
cation be referred to the Counctl,
Seconded by Counctlman Bitter.
Carried by the following vote:
Yeas - Mayor M'oldenMuer,
Counctlmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Communication 00' Marie Hau.
pert being of the opinion that paint.
ing of parking meters and water
hyocants are jobs for maintenance
crews w1thin their various de¡part.
ments, presented and read, Coun-
ctlman Pregler moved that the
communic"tion be referred to the
Coundl. seconded by Counctlman
Bitter, Carried by the f"Rowing
vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
OFFICIAL
Spcial Session, July 24, 1972.
council met at 7:30 P.M. (C.D.T.)
Present - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms. City Manager
Gilbert D. Chavenelle. I
Mayor Moldenhauer read the ",,11
and stated that serV'ice thereof had
been duly made and this meeting
is called for the puI'Pose of adopt.
ing a resolution ordering an elec-
tion on the proposition of issuing
bonds to the amount of $195,000
for a Joint County.City Law En.
forcement Center Building and act-
ing upon such other business as
may properlY come before a re-
gular meeting of the Counctl,
Mayor Maldenhauer presented
the name of Doret'ha Lee Smith
for appointment to the Human
Rights Commission to fill the un-
expired term of Ruth Scharnau
to J,anuary 1, 1975; Dr. Sol To:bak
to the Human Rights Commission
to filI the uneJOpired term of Dr. I
Virgil Cruz to January 1, 19'14;
John P. Coffee to the Playground
and Recreation Commis'sion for a
three year term to 7.5-75 to re-
place Gerald MeAleece. Counctl-
man Pregler moved ratüication of
tbe "ppointments. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Communication of Iowa State ])e-
partment of Health submitting per-
mit No. 72.59-S~Waste Water Treat.
ment Facilities, Phase II, Contact
II, Plant odor facilities, presented
and read. Counctlman Pregler
moved that the communication be
received and filed. Seconded by
Councilman Bitter. Carried by the
following vote:
Yeas - Mayor Moldenbauer,
councilmen Bit t e r, Justmann, I
Pregler, Thoms.
Nays - None.
Communication of Intemationo:¡
Union of Operating Engineers ad.
vising that men working in the
Water Department who maintain
July 21, 1972
To the Honorable M,ayor and
Members of the CIty Council
1 herewith submit the reports
of the City Auditor, City Treasurer,
Health Department, as well .. a
list of claims for tbe month of
June 1972.
Gilbert D. Chavenelle
City Manager
Counctlman Pregler moved that
the comm11I1Î"ation be received and
filed, Seconded by Counctlman Bit-
ter. Carried by the following vote:
Yeas - M'ayor Moldenhauer,
councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
July 24, 1972
To tbe Honorable Mayor and
Members of the City Counctl
I submit to you the State Au-
ditor's RePort of the city records
for the year 1971.
The auditor of the .tate reV'Ú>wed
the report with your staft and re-
presentatives of the press, Wednes.
day afternoon, July 19th, I believe
that his comments and the report
indicates that the 19'11 records have
been kept in a satisfactory manner,
Mr. Frommelt has copies of the
report for you to examine. Mter
you have finished examining the
report I would appreciate It if
349
Special Session, July 24, 1972
you would retnrn your copy to Councilmen Bit t e r, Jnstmann,
the City Anditor, Pregler, Thoms.
Gilbert D, Chavenelle Na)"S - None.
City Manager Councilman Juotmann moved
Counctlman Pregler moved that that the rule requiring reading an
the rl1pûN be received and filed. Ordinance on tiuee separate days
Seoonded by Couneilman Bitter. be waived. Seconded by COnneR-
Carried by the following vote: man Pre'gler, Carried by the fol.
Yeas - Mayor Moldenhauer, lowing vote:
Councilmen Bit t e r, Justmann, Yeas - Mayor Moldenhauer,
Preg!1er, Thoms, , Cauneilmen Bit t e r, Justmann,
Nays - None. : Pregler, Thoms.
Nays - None.
Councilman Thoms extended con-
gratulations to the ~anager and AN ORg\'J'Ä~~~CÄM~~D1t~ OROI.
staff on the fme audit report, Se. NANCE No. 33-49 KNoWN AS THE
conded by Councilma.n Pregler. ;ciJ:~~FÁ~ A~~~DE"ri. B'!,U~~'i~~:
Camed by the fallowmg vote: ING A NEW SUBSECTION 1< TD
Yeas - ~ayor Moldenhauer, ~f~T-i°~A~K~~G S"o'J,ED.i'Ó-fo~v v"e~
Councilmen BIt t e r, Justmann, HICLES FROM' A.M. ro 6 P.M.
Pregler, Thoms. ~~FT¡;~~T~~;~E~+D~Rg~ s~"cS¡
Nays - None. M~~[, Si~~~¡;F';,°R~Y~~ ST:EÕ~:
DAINED BY THE CITY COUNCIL
OF THE CITY OF OUBUQUE, IOWA,
Secllon 1. That O'dio,"", No 33-4,
koowo .. the "T,.ffl, Code Of Ou-
boo""~ Iowa" .. .meoded, be .nd
Ihe "me " he..by .m""ded by OOOd.
log 0 .ew "b,.dloo 1< to Sectloo A
of S,hedole IV a, follow"
"S,hedole IV
A. Tho tollowlog ,,...." " """
110"' .,. d.,lglooted e two-
hoo, lime '"00,
1<. Soolh 'Ide of Ea" Flrteenth
""." fmm Sycom"o Street
10 Lyoo "'eel."
Pa"ed, "pmyed eod adDOled Ihl,
Wh day of Joly, 1972.
WeYoe A. Moldoohaoer
May"
Waller A. P,ogler
C. Robert J..lmeoo
Jo,.ph J. Bitt"
C"'o"lmoo
ATTEST,
Loo F. Fmmmelt
City Cle,k
Pobll,hed offl,I.lty .. The Tol""pt>-
He,,'d New"..., thl, 28th day Of
Joly, 1972.
Leo F. F'ommelt
City Cle",.
11.7/28
July 21, 1972
To the Hoooræble Mayor and I
Members of the City Council
I recommend that the TraHic
Code be amended so that pM'king
on the south side of East Fifteenth
Street between Sy<,amore and Lynn
Streets be restricted to two hour
parking.
I am enclosing a lei!ter of ex.
planation from Chief O'Brien.
Gilbert D. Cha"enelle
City Manager
Councilman Jnotmann moVed
that the communication be reo
ceived and filed, Seeonded by
Conndlman PregJer. Carried by
the following vote:
Yeas - Mayor MOldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nayo--None. CounICilman Jnstmann moved fi.
nal adoption of the OnIinance. Se-
ORDINANC'E NO. 45.72 conded by Councilman Pregler.
An Ordinance amending Ordinance Carried by the following vote:
No. 33.49 known as the "Traffic Yeas -Mayor Moldenhauer,
Code of Dubuque, Iowa" as amend. Councilmen Bit t e r Justmann
decl by enacting a new Subsection Pregler, Thoms.' ,
14 to Section A of Schedule IV Nays - None,
to limit parking of m-r vehicles
from 9 a.m. to 6 p.m. on the ORDINANCE NO. 46.72
south side of East Fifteenth Street An Ordin.nce regulating the sale
from Sycamore Street to Lynn and consumption of beer and Ii.
Street presented and read. quor: providing for the issuance,
Co~c~man Justmann moved revocation or suspension of premits
that the reading just had be con- and liconses therefor: and provid-
sidered the first reading of the ing penalties for viol.tions there.
Ordinance. Seconded by Council- of, pres_od and read.
man Pregler. Carried by the fol. Mayor Møldenhauer moved that
lowing vote: the reading just had be consider.
Yeas - Mayor Moldenhauer, ed the first reading of the Onlin-
350
Special Session, July 24, 1972
ance. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas - Mayor Moldenbauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays -' None,
Mayor Moldenhauer moved th"t
tbe rule requiring an Ordinance
to be read on three separate days
be wailved, Seeonded by council-
man Pregler, Carried by the fol-
lowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, ThoIIUI.
Nays - None.
;¡,
",
f~¡g:':g "'\;;,..~r;g;':
(l) "p""on of good m.,,1 ",or-
act"" moo", anY "",n who moat'
all of tho tollowlng "",""amant>:
an".; ...." .
tho
351
Special Session, July 24, 1972
352
,moo", 01 I"' "e. No "f"d ,h,1I be
m,de, hOw"", 10' , Ii"" ","teol
Ii"'" " bW ..,mit ,""eode"d
m"e th" ,i"" m,"IM ,fI" ¡"""".
No "food ,0011 be m,de to '" Ii.
""'" 0' p.,,~;ttee, opo, the. ,",.
Secli," 19. PROHIBITED SALES
AND ACTS. No p"""" clob holdi""
. Ii,o" lice'" " bw ..,mit '"
hi, "eo" " emploYe" ,0011 do "v
of Ihe followl",
(1.) Sell, di,po,'" " ,lYe to "V
i,toxic,led P"""' " 0", ,imo"lI""
i,'oxic,II,", "V ,Icohollc Ii"" "
bee'.
.> Sell" "",e'" eov ,icoholic
. -- '0" ".._k.. mv.,;
be"
mix'
- .'" eov
to bw " '"
" ,bool hi' p"ce
..\i;~II~~'ej'Vig~, ~1'°¡V,v t1i,~e o~e~::
""plio' 00 Ihe p"mi'" " plm of
Mi"," of Ihe liceo" " ..,mit
hold".
'"i" f,ct " the "plicalloo foe ,"ch
liceo" " ..,mlt.
(2.) Vio"lIon of eov of the P'"'
vi,io", of to. low' be" eod liopo,
00"'" ,ct.
13.)
- .. - POt '10 meo-
0", hood"d doltm " ,eo"",d 001
to exoeed "'i'tv dm Impel""m"l.
Seclloo 25. PERSONS
GAL AGE. No po",,' ,
" oth"w"e '"POlY "
" be" 10 eov ..,"', k",wl""
lop """"b" c'"" 10 belie
353
Special Session, July 24, 1972
"'all be ,"bieel 10 , Ii"" of oat 10
exc"d 0"' hood"d dollm " 10 im.
pei"',me", 10' 001 mace Iheo Ihi,tv
."m.
c. Upo, , Ihi,d oo,vicll," withi,
, ..,iod of live vem, Ihe viol",,',
lioo" c,""" Ii"", " b", pee.
mit ,h,1I be ,",",,"ded f" , ..,iod
01 ,ixtv dm.
. ""d bv Ihe Dob,,", Cifv Coo,.
cil the 24th d,y of Jolv, 1972, eod
'PO'OYed lhi, 24th d,y of Joly, 1972.
W,y", A. Mold"h,""
M,y"
W,It" A. p"""
Alia, T. Thom,
C. Rob"t Jo"m",
J"'Ph J. Bitt"
Cpo"ilm"
AnE'T,
Leo F. F,"mmelt
City CI"k
Pobli,hed offici,lIv i, The Tele",ph.
Hmld New""", thl, 31" d,y of
Joly, 1972.
Leo F. F"mmelt
City CI"k
11.7/31
Mayor Moldenhauer moved final
adoption of the Ordinance, Second.
ed by Councilman Bitter. Carried
by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Petition of Ronnte McDonald reo
questing permission to construct
a sidewalk and or bird bath in
front of his borne at 548 W. 7th
Street, presented and read. Mayor
Moldenhauoc moved that the pe.
tition be referred to the Engineer-
Ing department, Seconded by
Councilman Bitter. Carried by the
foliowing vote:
Yeas - Mayor Moldenbauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Petition of M'ead Schenck et al
(31 signatures) representing boat
owners, requesting that swimming
be banned In the ha~bor areas,
presented and read. Councilman
Justmann moved that the petition
be referred to the City Manager
and Staff. Se'conded by Council.
man Pregler, Carried by the fol.
lowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays-None,
Petition of Peoples Natnral Gas
re1uesting permission to excavate
at 1498 Central and Also at 2768
and 2770 Ethel Street, presented
I and read. Councilman Justmann
moved approval of the petition.
Seconded by Councilman Bitter.
Carried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Petition of Amvets Auxiliary re-
questing permission to conduct
White Clover Days August 25th
and 26th, presented and read.
Councilman Pregler moved ap..
provaQ ,and same be referred to
the City Manager, Seconded by
Councilman Bitter, Carried by the
following vote:
I Yeas - Mayor Moldenhauer,
Councilman Bit t e r, Justmann,
Pregler, Thoms.
Nays-None.
RESOLUTION NO. 235.72
RESOLUTION ordering an elec.
tion on the proposition of issuing
boncls to the amount of $195,000
for a Joint County.City Law En.
forcement Center Buliding.
WHE,REAB the existing city jail
faci1ities of the City of Drrbnque,
Iowa and the existing county jail
facilIties of Dubuque County, Iowa,
are inadequate, ineHicient and an-
tiquated and do not meet the pub-
lic needs for law enfoo:cement pur-
poses; and
WlII!ER&\S the most economical
solution to the problem of pro-
viding satisfactory facilities ap-
pears to ¡Ie in a cooperative ef-
fort by the County and the City
foo: the construction of a Joint
County-Oity Law Emorcement Cen.
ter Buildmg to be jointly used
by the County and the City for
law enforcement purposes; and
W\HEiREAS the county seat of
Dubuque County, Iowa, is located
within the corporate limits of the
ctty of Dubuque, Iowa, and pur-
suant to authority contained in Se<:.
tions 3l68,W to 3&8.23 inclusive, of
the Code of Iowa, 1971, as amend-
ed, officials of the City and the I
County have atPproved the terms I
of an agreement for the construc-
tion of a new Joint eounty-City
Law Emorcement Center Building
and for its joint use and occupation
by the City for city law enforce-
ment purposes and by the Connty
fur connty law enforeement pur-
poses; and
WHIDRiEAS said agreement has
been duly approved by a resolution
adopted by the Board of Super-
visors of Dubuque County, Iowa,
and by an ordinance adopted by
the City Council of the City of
Dubuque, Iowa; and
\WmBJEAS the City'" portion ()f
the cost ()f constructing said Law
Enforcement Center Building has
been determined to be $195,000 and
under provisions of Section 368.20
of the Code of Iowa, 197'1, as
amended, the City of Dubuque,
Iowa, ts authorized to issue its
bonds to pay its portion of the
cost of this project, but the pro-
position of issuing such donds must
first be submitted to and atPproved
by the voters of sa,id City; and
WHEJREAS registration of voters
is reqnired for elections held in
said CIty and election" therein are
governed accordingly;
NOW, TßElIÆ)FQRE, Be It Re-
s<>lved by the City Council of the
City of Dubuque, Iowa, as follows:
Section 1. That a special election
is hereby called and ordered to
be held in and for the City of
Dubuque, Iowa, on the 22nd day
of August, !1m, at which there
Special Session, July 24, 1972
shail be submitted to the quali-
fied electors of said City, to be
by them voted upon, the proposi-
tion of issuing bondos of said City
in the sum of $195,000 to pay its
portion of the cost of construd-
ing a building to be jointly ac.
quired, constructed, used and oc.
cupied by Dubuque County, Igwa,
and the City of Dubuque, Iowa,
for county and city laM' emorce-
ment purposes.
Section 2. That !!or said election
on said proposition the City shall
be divided into twenty.five voting
precincts a's prescribed for re-
gular elections in said City, the
boundaries of which sMll be as
delimited by Ordinance No. 28-72
of said Ctty. The poNs shall be
kept open from seven o'ck>ck in
the morning until eight o'clock in
the evening, and the polling places
within the respective eJection pre-
cincts shall be as follows:
Voting Precincts Polling Places
First, Marshatl School, 1460 !thorn-
berg Avenue
Second, Dubuque CouJrty Court-
house, 720 Central Avenue
Third, Sacred Heart School, 2211
Queen Street
Fourth, Christensen's Greenhouse,
2635 Windsor Avenue
Fiftb, Holy COOst School, 2901 Cen-
tral Avenue
Sixth, Fulton School, 2ii4O Central
Avenue
Seventb, Audubon School, 535 Un-
coin Avenue
Eighth, Fire Station, West Eigh.
teenth Street and Central Ave.
Ninth, Amalgamated Meat Cutters
Union Building, U11 B!.uJIf Street
Tenth, Mercy Hospital Nurses
Home, 252 Peai>ody Street
Eleventh, Bryant School, 1280 Rush
Street
Twelfth, Y'MOA, Dodge Street and
Booth Street
Thirteenth, Washington Junior
High School, 51 Nol'lJh Grand-
view Awenue
Fourteenth, Fire Station No.4, Uni.
versity Avenue and Atlantic St.
Fifteenth, Lincoln School, 1101
Wœt Fifth Street
SiJ<teeDth, J,ackson Scl1ooI, 7'15 West
Locust Street
Seventeenth, Dubuque Senior lligb
School, 1800 OIarke Drive
Eighteenth, Irving School, 2520
Pennsylvania Avenue
354
Special Session, July 24, 1972
355
~
;;"
Nineteenth, Kennedy School, 2135
Woodland Drive
Twentieth, Hempstead High School,
3'1'15 Pennsylvania Avenue
Twenty-fir,st, Eisenhower School,
317(} Spring Valley Boad
Twenty-second, Wahlert Hi g h
School, 2005 Kane Street
Twenty-third, Wahlert High School,
2005 Kane Street
Twenty~ourth, No.5 E"gine House,
689 South Grandview Avenue
Twenty-fifth, St. Elias The Pro.
phet Greek Orthodox Chnrch,
1075 Rockdale Road
SKtion 3. That the Mayor and
City Clerk, in cooperation with the
Connty Commtssioner of Elections,
are hereby authorized, empowered '
and instructed to issue a procla-
mation and notice of the calling
of said speciail election on said
proposition, and of the time and
places thereof, by publication ther-
of once each week for three con-
secutive weeks and on the same
day of each week in the "Tele.
graph.ŒJierald", a legal newspaper
printed and published in said City
and having a general circulation
within the City and the County,
whreh notice shall be in substan.
tially the following !!orm:
MAYOR'S PROC,LAMATION
NOTIC,E OF SPECIAL ELECTION
DUBUQUE, IOWA
PUBLlÇ NOTIiCE is hereby given
that a sp""ial city eleotion has
been called and ordered to be held I
in the City of Dubnque. Iowa, on
the 22nd day of August, 1972, from
seven o'clock A.M. to eight o'clock
P.M., at which there will be sub.
mitted to the electors of said City,
to be by them voted upon, the
proposition of issuing bonds of said
City in the sum of $195,000 to
pay its portion of the cost of con-
structing a bnilding to be jointly
acquired, constructed, used and oc-
cupied by Dubuque County, Iowa,
and the ctty of DUbuque, Iowa,
for county and city laM' enforce.
ment pUll>Oses,
At said election the ballots to
be used for the submission of the
aforesaid proposition will be in sub.
stantially the following form:
(Face of Ballot)
(Notice to Voters: For an arffir.
mative vote upon the qnestion snb.
mttted upon this ballot make a
cross (x) mark or check (V) in
"",
i
"II
'"
the square after the word "Yes".
For a negative vote make a si.
milar mark m the square follow.
ing the word "No",)
SHALL THE FOLLOWING
PUBLIC MEASURE B'E
ADOPTED?
ShalI the City of Dubuque, Iowa,
issue bonds in the sum of $195,000
to pay its portion of the cost of
constructing a bnilding to be jointly
acquired, constructed, used and oc.
cupied by Dubuque County, Iowa,
and by the City of Dubnque, Iowa,
for county and city law enforce-
ment purposes? YES NO
(Back of Ballot)
Official Ballot for Law Enforce-
ment Center Bond Proposition
Special Mnnicipal Election,
Dubuqne, Iowa
August 22, 1972
Precinct
(Facsimile Signature)
City Clerk
(Facsimile Signature)
County Commissioner of
Elections
For said election the City shail
be divided into twenty-five election
precincts, the boundaries of which
shall be as delimited by Ordinance
No, 28-72 of said City. The POlling
places within the resp""tive elec.
tion precincts will be as follows:
Voting Precincts Polling Places
First, Marshal1 School, 1450 Rhom.
berg Avenue
Second, Dubuque County Court.
house, 700 Central Avenue
Third, Sacred Heart School, 2311
Queen Street
Fourth, Christensen's Greenhouse,
2635 Wmdsor Avenne
Fifth, Holy Gbost Scbool, 29Ol Cen.
tral Avenne
Sixth, Fulton School, 254(} Central
Avenue
Seventh, Audubon School, 535 Lin.
coin Avenne
Eighth, Fire Station, West Eigh.
teenth Street and Central Ave.
Ninth, Amalgamated Meat Cutters
Union Building 1111 Bluff Street
Tenth, Mercy Hospital Nurses
Home, 252 PeaJbody Street
Eleventh, Bryant School, 1280 Rush
Street
Twelfth, YMCA Dodge Street and
Booth Street
Thirteenth, Washington Junior
High School, 51 North Grand.
view Avenue
356 Special Session, July 24, 1972
Fourteenth, Fire Station No. 4, Uni- (Notioe to Voters: For an affir.
versity Avenne and Atlantic St. mative vote upon the question sub.
FjÆteenth, Lincoln School, 1101 mitted upon this ballot make a
West Fifth Street cross (x) mark or check (V) in
SiJ<teenth, Jack50n School, 715 West the square after the word "Yes".
Locust Street For a negative vote make a S'imilar
Seventeenth, Dubuque Senior Hligh mark in the square foilowing tœ
School, 1800 Clarke Drive word "No",)
Eighteenth, Irving School, 25120 SHALL THE FOLLOWMoIG
Pennsylvania Avenue PUBLIC MEASURE BE
Nineteenth, Kennedy School, 2lß5 ADOPTEP?
Woodland Dr>ve , 'I Shall the City of Dubuque, Iowa,
Twen!leth, Hempstead High Schoo, issne bonds in the sum of $195,000
37'15 p~nnsylvan¡a Avenne to pay Its portion of the cost of
Twenty-f1rm, ElSenhower School, constructing a building to be jo1ntiy
3176 Sprlllg Valley Road. acquaired, constructed, used and
Twenty.second, Wahlert H 1 g h occupied by Dnhuque County, 10.
School, ,2006 Kane Street wa, and by the City of Dubuque,
Twenty-third, Wa'blert High School, Iowa, for county and city law en-
20()5 Kane Street, foocement purposes? YES NO
Tw~t~~:~~~~;~t::':use, (Back of Ballot)
Twenty-mth, St. Elias The Pro- Official Ballot for Law E,nforce.
phet Greek Ortbodox Church ment Center Bond PropoSl1!lon
11J1'5 Rockdale ß<>ad ' Special Municipal Election
All qualified electors of said City I D~bUqUe, Iowa
are hereby notified to appear at Augnst 22, 1m
said eJ.ection, each to vote at the
polling place of the election pre-
cinct in which such elector resides, I
or as permitted by statute.
This Notice is given by order
of !II<> City Council of the City
of Dubuqne, Iowa, pnrsuant to the
provisions of Section 368,20 of the
Code of Iowa, urn, as amended,
and II<>nse File H047, Aicts of the
Sixty.;oourth General Assembly of
the State of Iowa.
Dated at Dubuque, Iowa, this
24th day of July, 197~.
Wayne A. Moldenhauer
Mayor of the City of Du.
buque, Iowa
Harokl p, Meloy
County Commissioner of
Elections
Precinct
(Facsimile Signature)
Ctty Clerk
(Facsimile Signature)
CQW1ty Commissioner of
EJ.ection.s
Attest:
Leo F, Frommelt
City Clerk
Section 4. That at said election
separate ballots shaM be used for
the aforesaid proposition and the
City Clerk shall have such ballots
prepared on yellow colored paper
in substantially the following form,
and with the facsimile signatures
of the City Olerk and the County
Commissioner of Electrons in the
spaces provided therefor on the
back of the ballots:
(Face of &llot)
Section 5. That for said election
the Judges and ClerkJ! of election
in the respective election precincts
shall be a. follows:
Election Precinct Judges Clerks
First, Mrs. Juanita Baker, Mrs.
Felix Ue1ner, Sr. Diane Hunger.
ford, Nancy Pregler, Mrs. Herman
TjarkJ!
Second, Mrs. J. M. Sloan, Jane
Fuhrman, Mary Clemens, Loretta
Cihacek, Mae Jumman
Third, LeOilla Jochum, Robert
Goodmann, Loretta McAndrews,
Viola Sjobakken, M,", Helen P~e
Fourth, E!ma Howe, Mrs. Betsy
Hanswirth, ElizaŒJetb Ann Baule,
Marie Weiler, Mrs. Eileen Schultze
Fiftb, Mrs. Veromca Schueller,
M<s. Esther Thome, Mrs, Fred'a
Foell, Mrs. Helen M<iliaughlin,
Mrs. Lorraine Quade
Sixth, Lucille Hannig, Mrs, Rutb
Anderson, Pearl Sartor, Viola Me-
yers, Mrs. Florence Magson
Seventh, Sr. Lavonne Kresbach,
Mrs. Genevieve Knapp, Mrs. R0-
berta Frick, Sr. Rita Green, k:-
!hur MilIiuß
Special Session, July 24, 1972
357
Eighth, Mrs. Eugene Skinner,
IIIrs. Linda Grashorn, Kay Kruse,
Kalby Grimes, M,rs. Hilda Kempter
Nmth, Mike Smtth, Mrs. Mary
Cottingham, Mrs, Robert Defendi,
Genevieve Miller, Ray Welu
Tenth, Mrs. John Rettenmeier,
Mrs, Rose Beddow, IIIrs, Ludlle
Hantelmann, Hubert Dukes, Mrs.
Edna Wunderlich
Eleventh, Doris Hin1>gen, Mrs.
Vivian White, Cecilia Sue Gregory,
Mrs, Louise Rafoth, Eliza'beth Mil-
ler
Twelfth, Mrs. Harry Welter, Mrs.
Cleadyth Forby, Elgene Mesch,
Mr., Elmer MiIler, Mrs, Louise
Blum
Thirteenth, Mrs, Helen Sisler,
Mrs- Louise Reidel, Karen Schrup,
Mrs. Helen Leopold, Mrs, Ed, Gart.
ner
Fourteenth, Leki Erhart, Evelyn
Zwack, Dorothy Blum, Milton
Frohs, k:lene Neumeister I
Fifteellth, Betty Vogel, Mrs.
Grace Chambers, J'eanette Hopp-
man, Mrs. Herman Dettman, M,ary
Jane Nebel
Sixteenth, Ra1ph Scharnau, Mrs.
Marie Kokk, Janet Jon~s, Diane
Francois, MTS, Mae Conzett
Seventeenth, Ann Oulman, Janet
Arend, Mrs. Dorothy McEvoy, Vir-
ginia Ellerbach, Mrs. Lester Paut.
sch
Eighteenth, Mrs. M,argaret Ca-
sey, Mrs. Wilma Sand~rs, Mrs.
MelItta Buenker, Mrs. Elizabeth
Flavin, Mrs. Gerry Skaohill
Nineteenth, Ardel Ginnta, Mrs.
Leonard Diederichs, Ruth Fransen,
Mrs. Verna Butt, Mary Remy
Twentieth, Jeanette Lynch, Mrs.
Paula Zwack, Cheri Smith, Judy
Connolly, Judy Almquist
TwentY-First, Mrs. John Schlue.
ter, Wi!llam J. Watters, Linda Fie-
gen, Sally Peterson, Mrs, Glenn
Johnson
Twenty-Second, Mrs. Alice Egan,
Mrs, Alvin Blum, Mrs. Thomas
Graiham, MM. Gerry Lyshoj, Mrs.
Alice Scheel
Twenty-Third, Mrs. Ethel Vogt, I
Mrs, Dorothy Grubb, Mrs. Carl
Noel, Mrs, Da,vid Bonnett, Mrs.
Joan Herbst
Twenty"Fourth, Mrs. Edwin Ko-
erperick, Mrs, Elsie GiII, M r s,
Ralph Ruden, Mrs. Ted Stapleton,
Mrs. Marian Schueller
Twenty-Fifth, Marge Tully, Mrs,
Annette Weimer, Emily Fuerste,
Sr, Mary F,raoois Shafer, Mrs,
John Kasper
The foregoing are proper per.
sons so to act In accordance with
Se,ctions 49.12 et seq. of Chapter
49, Code of Iowa- Upon the closing
of the polls for said election, said
Jud'ges and ClerkJ! 1IILa¡:¡ file re-
ports of the results of the vote
on said proposition with the County
Commissioner of Elections and the
City Clerk in order that such re-
sults may be canvassed and offi-
cially declared,
Section 6. That this City Council
meet on the next (secnIar) <ùy
foIiowing the day of said elec-
tion, at the Council Chambers in
the City Hall within said City,
at 4:()() o'clock P.M., to canv",ss
and declare tbe results of said
election,
Section 7. That all resolutions
or parts of resolutions in conflict
herewith be and the sa'me are
hereby repealed.
SocHon 8. That this resolution
be In force and eNect immediately
upon tis pasoage and approval.
Passed and approved July -,
1972.
Wayne A. Moldenhaner
Mayor
Attest:
Leo F. Frommelt
City Clerk
Recorded July 24th, 1972.
Leo F. Frommelt
City Cierk
Councilman Pregler moved adop-
tion of the resolntion. Seconded
by Councilman Bttter. Carried by
the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregle,r, Thoms,
RESOLUTION NO. 236.72
HE IT RESOLVED by the City
Council of the City of Dubnque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ci.
garettes within the City of Dubu.
que, Iowa, be granted a permtt
to sell Cigarettes and Cigarette
Papers within said City,
J'ohn R, Hirsch, 206 West 3rd Street
BE IT FURTHER RESOLVED
that the bonds filed with the ap-
plication be approved,
II
\1
II
"\
",
I',
",
,I,
:',
,',
"
358 Special Session, July 24, 1972
Palssed, adopted and approved There being no further busin...
this 24th day of July, 1972. Councilman Thoms moved to ad-
Wayne A. Moldenhauer journ, Seconded by Councilman
Mayor Bitter. Carried by the following
Walter A. Pregler wte:
Allan T. Thoms Yeas - Mayor MoldOl1llaauer,
C. Robert Justmann Councilmen Bitt e r, Justmann,
Joseph J. Bitter Pregler, Thoms.
Councilmen Nay's - None.
Leo F. Frommelt
City Clerk
Aittest:
Leo F. Frommelt
City Clerk
tio?:,~cil::, :::~o':,'.ov:"::d":i Approved ......................................1972
by Councilman Pregler, Carried
by the following vote: Adopted ......................................,.1972
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Tboms.
Nays - None.
Councilman Bitter moved !hat
the Mayor be authorized to write
a letter of appreciation to M,r.
Ken Gearhart, former assistant to
the City Manager, who is nOW
employed by the city of Daven.
port for his fine work while em-
ployed here in the City. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, .JUstmann,
Pr~~e:, 3~:~. \ Attest: ""ëïiÿ"'ëi~~k""""""""""""
...,....,....,..........................,......
Councilmen
Special Session, July 31, 1972
CITY COUNCIL
(OFFICIAL)
Special Session, July 31, 1972.
Council met at 4:30 P.M. (C.
D.T.)
Present - Mayor Moldenhauer,
Councilman Bit tar, Justmann,
Pregler, Thoms. City Manager Gil-
bert D. Chav.....lle.
Mayor Moldenhauer read the call
and stated that service therof had
been duly made and this meeting
is called for the purpoS<! of ADOP.
TING A RESOLUTION AME'ND.
ING A RESOLUTION ENTITLED
"RESOLUTION ORDERING AN
ELECT/ON ON THE PROPOS/.
T,ION OF ISSUING BONDS TO
THE AMOUNT OF $195,000. FOR
A JOINT COUNTY-CITY LAW EN.
FORCEMENT CENTER BUILD.
ING and acting upon snch other
busineso aIs may properly come
before a regular meeting of the
Council.
July 19, 100'2
To the Honorable Mayor and
Members of the City Conncil
In accordaooe with the provisions
of Chapter 365 of the 197'1 Code
of Iowa, the Civil Service Com-
mission conducted Entrance exa-
minations on AiJriI 26, 1m, for
applicants to the Police Depart.
ment.
The following appliicant has pass-
ed both the written and physical
examination and is hereby certi.
fied for appointment to the Police
Department.
Brown, Harold R. 86'%
Gerard B, Noonan
Chairman
Marvin A. VanStckile
Louis F. Fautsch
Civil Serviice Commis-
sion
Atteot:
!Jeo F, Frommelt
City Clerk
SlIbscribed and sworn to before
me this 2IItb day of JUIly, 1972.
Engene J, Berens
Notary Public
Conncilman Pregler moved that
tbe communication be received and
made a matter of record, Seeond-
ed by Councilman Thoms, Carried
86'%
by the following vote:
Yeas - Mayor Moldenbauer,
Councilmen Justmann, Pregler,
Thoms.
Absent - Councilman Bitter.
July 28, 1972
To the Honorable Mayor and
Members of the City Council
In accordance with the provisions
of Chapter 365 of the 1m Code
of Iowa, the Civil Service Com.
mission conducted Entrance Exa.
minations on AiJriI 26, 1972, for
applicants to the F'ire Department.
The following applicant has pass.
ed both the written and phyoical
examination and is hereby certi-
fied for a,ppoiDtment to the Fire
Department.
Paisley, WaIter W. ill 71%
Gerard B. Noonan
Chairman
Lonls F. F1autsch
Marvin A. VanSickle
Oivil Service Commis-
sÍ<Nl
Attest:
Leo F. Frommelt
City Clerk
SlIbscr;bed and sworn to before
me this 28th day of July, 100'2.
Eugene J. Berens
Notary Pnhlic
Councilman Prewler moved that
the commllnication be received and
made a matter of record, Second-
ed by Councilman Thoms. Carried
by the following wte:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms,
Nays - None.
Absent - Councilman Bitter,
July 'lfl, 1972
Honorable Mayor and
Council Members
The City Planning and Zoning
Commisoion bas reviewed a pro-
posal to vacate an alley lying west
of Concord Street between Coates
Street and Marion Street in the
City of Duhuqne, Iowa.
The Commission has found that
the alley in question would have
only mar,ginal usefulness for future
public right-of-way. It is the Com.
mission's recommendation that the
alley be "acated subject to what-
ever easements may be required
for utility pnrposes.
CITY PLANNINIG AN1D
ZONING COMMISSION
Daniel Dittemore
Development Planner
359
71%
',i~
I .'
I
I
-----
Special Session, July 31, 1972
360
Councilman Pregler moved that
the recommendation be referred
to the City Manager for proper
proceedings. Seconded by Mayor
Moldenhauer. Carried by the fol.
lowing vote:
Yeas - Mayor Moldenbauer,
Councilmen Justmann, Pregler,
Thoms,
Nays - None.
Aibsent - Councilman Bitter.
Notice of claim of Mrs. Donald
A. Ruden, in an undetermined
amoul1l!, in behalf of Pat Ruden,
a minor, for persona'! injuries reo
ceived in a fall on a S'idewaJk
in Ea,gle P<>int Park on June 22,
1972, presented and read. Counocil-
man Thoms moved tbat the claim
be referred to the City Solicitor
far investigation and report. Se.
conded by Councilman Pregler.
Carried by the foRowing vote:
Yeas - Mayor Moldenhauer,
eonncilmen Jnstmann, Pregler,
Thoms.
Nays - None.
Absent - Coul1oCilman Bitter,
Notice af claim of Jam... B,
Lehman, in the amount of $56.65,
for car damage incurred as the
result of being sprayed with as.
phalt during the resurfacing of EQm
Street between 18tb and 19th on
July 21, 1972, presented and read.
Councilman Thoms moved tbat the
claim be referred to the City So.
licitor for investigation and report,
Seconded by Councilman Pregler,
Carried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Absent - Councilma,n Bitter.
Notice of claim of Mrs. Loras
Hosch, in bebalf of Linda Hosch,
a minor, in an undetermined
amount, for personaQ injuries re-
ceived by said minor as tbe reo
sult of a fall in Municipal swim.
ming pool on July 25, 1972, pre.
sented and read. Councilman
Tboms moved that the claim be
referred to the City Solicitor for
investigation and report. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas - Mayor Moldenbauer,
Councilmen Justmann, pre¡ !er,
Thoms.
Nays - None.
Aibsent - Councilman Bitter.
Petition of Evening Optimist
Club of Dwbuque requesting per.
mission to sell watermelons ~rom
August 1st to 5th, the proceeds
of which are to be devoted to
club projects, presented and read.
Counc-ilman Pregler moved that
the petition be approved and reo
ferred to the City Manager. Se.
conded by Mayor Moldenhauer.
Carried by the ~oIlawing vote:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thorns.
Nays - None.
Absent - eonncilman Bitter.
COUNCILMAN BITTEJR EN-
TER,ED THE OOUNCIL CHAiM.
BER AT 4:40 P.M, Petition of
Beef Swpreme 1I1oC., by attorney
Charles Kintz,inger, requesting per.
mission to construct a car wash
on J,F.K. Road near the intersec.
tion of University and U.S High.
way #20, presented and read. Ma.
yor Moldenhauer moved that the
petition be referred to the City
Manager and Engineer ~or their
recommendation. Seconded by
Councilman P,regler. Carried by
the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None,
Petition af G.M&M Company re-
questing rezoning approval to de.
velop 38 acres lying north of 32nd
street and east of Kennedy Road
in mY< of NE,. Sec. 16, pre.
sented and read. Councilman Bit.
ter moved tbat the petition be
referred to the Planning & Zoning
Commission, Seconded by Mayor
Moldenhauer. Carried by the fol-
lowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Petition of DUbuque Serloma
Club requesting permission to sell
light bulbs on September 9, 197~,
and further requesting that the
Mayor proclaim tbe day "Light
the Way for Retarded Cbildren's
Day" presented and read. Council.
man Pregler moved :bppraval of
\ the petition and same be referred
to the City Manager for implemen.
tation. Seconded by Mayor Molden-
361
345 in the City of Dubnque, Io-
wa.
NOW 11HEREFORE BE IT RE-
SOLVE-D BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the agTeement
by the City of Dubuque, Iowa,
to convey its real estate to Jo.
seph D, Vogt, Jr., descrtbed as
foilows:
Lot One (1) of Lot Two (2)
of Lot One (1) of Mineral Lot
345 in the City of Dubuque,
Iowa,
be and the same is hereby ap.
proved,
Section 2. That the City Clerk
be and he is hereby authorIzed
and directed to publIch notice of
intent to dispose of interest in real
estate as is by law requtred.
Passed, approved and adopted
this 31st day of July, 1972,
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allen T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Special Session, Jnly 31, 1972
----
hauer. Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms,
Nays - None.
July 2fl, 1972
Honorable Mayor and
Council Members
The City Planning and Zoning
Commiss,ion has reviewed a pro-
posal to dispose of the City's in.
terest in Lot 1 of Lot 2 of Lot
1 of Mineral Lot 345 In the City
of Dubuque, Iowa.
n is there commendation of the
City Planning and Zoning Com.
mission that the above described
property be vacated in accordance
with City Council Resolution No.
224-72,
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Conncilman Pregler moved that
the recommendation be re,ceived
and £iIed, Seconded by Council.
man Bitter, Carried by the follow-
ing vote:
Yeas - Mayor Moldenhauer, I
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None,
RESOLUTION NO. 224.72
WHEREAS, City of Dubuque, Io-
wa, ha's been negotiating with Jo.
seph D, YogI, Jr. for necessary
land for the instai!lation of a city
facility, to-wit water main; and
WHERE,AS, a part af the con.
sideration for the a,cquisition of
the necessary real estate by City
of Duhuque, an exchange of pro.
perty is necessary; and
WHERE\'\S, Joseph D. YogI, Jr.
and Martina A, Vogt have con.
veyed to City of Dubuque, Iowa,
the folIowing described real estate
to.wit:
Lot Two (2) of Lot One (1)
of Lot 16:1 of L. H. Lang.
worthy's Addition to the City of
Dubuque, Iowa, and
WRE'REAS, City of Dnbuque, 10'
wa, proposes to convey to the said I
Joseph D. Vogt, Jr, its following
described real estate, to-wit:
Lot One (1) of Lot Two (2)
of Lot One (1) of M,ineral Lot
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop.
tion of the resolution, Se,conded
by Councilman Bitter. Carried by
the following vote:
Yeas - Mayor Moldenhaner,
Councilmen Bit t e r, Jnstmann,
Pregler, Thoms.
Nays - None.
RESOLUTION NO. 237.72
RESOLUTION amending a reso-
lution entitled "Resolution order-
ing an election on t"" proposition
of issuing bonds to the amount
of $195,000 for a Joint County-City
Law Enforcement Center Building,
WHEREAS it is necessary and
advisable that the City of Dnbu.
que, Iowa, and Dubuque County,
Iowa, enter into a cooperative ar.
rangement to soive their joint need
for more modern and efficient jail
facilities as authorized and provid-
ed for by Sections 368.19 to 368,23,
inclusive of the Code of Iowti,
197'1, as amended; and
WHEREAS on July 24, 1972, this
City Council adopted a resolution
362
Special Session, July 31, 1972
entitled "Resolution ordering an
election on the proposition of i..
suing bonds to the amount of
$195,000 for a Joint County-City
Law Enforcement Center Building" I
whereunder a special election was
called and ordered to be beld in
the City of Dubuque, Iowa, on
August 22, 1972, to vote on the
proposition of issuing bonds of said
Oity in the amonnt of $195,000 to
pay the City's portion of the cost
of con>structing a building to be
jointly acquired, constrocted, nsed
and occupied by said City and
Dubuque County, Iowa, for county
and city laM' enforcement center
purposes; and
WHEREAS revised architectural
estimates now ref1.ect the fact that
in order to oonstruct the kind of
facilities desired by tbe City and
the County additiona~ financing will
be required and that it will be
necessa,ry for the City to issue
bonds in the amount of $205,000
to pay its portion of the revised
cost of the project, and tbe re-
solution heretofore adopted by this
City Council on July 24, 1972, as
referred to a,bove, must be amend.
ed accordingly;
NOW, 'l1HERFOR,E, Be It Re.
solved by the City Conncil of the
City of Dubuque, Iowa, as follows:
Section 1. That Section 1 of the
resolution referred to in the pre-
amble hereof be and the same
is hereby amended to read as fol-
lows:
"Section 1. That a special elec-
tion is herei>y called and ordered
to be held in and for the City
of Dwbuque, Iowa, on the 22nd
day of August, 1972, at which there
shall be submitted to the qnalified
electors of said City, to be by
them voted upon, the proposition
of iSISuing bonds of said City in
the sum of $205,000 to pay its
portion of the cost of construct-
ing a building to be jointly ac.
quired, constructed, used and oc-
cupied by Dubuque County, Iowa,
and the City of Dubw¡ue, Iowa,
for county and city law enforœ.
ment purposes."
Section 2. That Seetion 3 of the
resolution referred to in the pre-
amble hereof be and the same
is hereby amended to read as fol-
lows:
"Section 3. That the Mayor and
City OIerk, in cooperation with the
County Commissioner of Elections,
are hereby authorized, empowered
and instructed to issue a procla-
mation and notice of tbe cal!ing
of said special election on sa,id
proposition, and of the time and
places therof, by pWblication there-
of once each week for three con.
secutive weeks and on the same
day of each week in the "Tele.
graph~Herald", a legal new.paper
printed and published in said OIty
and having a general circulation
within the City and the County,
which notice shan. be in substan.
tialJy the following form:
MAYOR'S PROCLAMATION
NOTIC'E OF SP'EC'IAiL EIJECT,ION
DUBUQUE. IOWA
PUBLlIC NOTICE is herei>y given
that a special city election has
been called and ordered to be held
in the City of Dubuque, Iowa, on
the 22nd day of August, 1972, from
seven o'clock A,M. to eight o'clock
P.'M., at which there will be sub-
mitted to the electors of said City,
to be by them voted upon, the
proposition of issuing bonds of said
City in the sum of $205,000 to
pay its portion of the cost of con-
structing a building to be joinlily
acquired, constructed, used and oc-
cupied by Dubuque County, Iowa,
and the City of Dubuque, Iowa,
for county and city law enforce.
ment purposes.
At said election the baIlots to
be used for the snhmtssion of the
aforesaid proposition will be in sub-
stantialJy the fo1Jowing form:
(Face of BaIlot)
(Notice to Voters: For an affir-
mative vote upon the question sub.
mitted upon this ba!Iot make a
cross (x) mark or check (v) in
the square after the word "Yes",
For a neglative vote make a simi.
lar mark in the squrare following
the word "No".)
SHALL THE FOLLOWING
PUBLIC MEASURE BE
ADOPTED?
ShalJ the City of Dubuqne, Iowa,
issue bonds in the sum of $205,000
to pay its portion of the cost of
constucting a building to be jointly
acquired, constructed, used and oc-
cupied by Dubuque County, Iowa,
and by the City of DWbuque, Iowa,
363
Twentieth, Hempstead High School,
3715 Pennsylv'ania Avenue
TwentY-first, Eisenhower School,
3170 Spring Valley Road
Twenty,second, W,ahiert Hi g h
SchoOl, 2005 Kane Street
Twenty-third, Wahier( High School,
2005 Kane Street
Twenty-fourth, No.5 Engine House,
689 Snth Grandview Avenue
Twenty.flfth, St. Elias Tbe Pro-
phet Greek Orthodox Churcb,
1075 Rockdale Road
AU qualified electors of said City
are hereby notified to appear at
said election, each to vote at the
polling pIa,ce of the election pre-
cinct in which such elector re-
sides, or as permitted by statnte.
This Notice is given by order
of the City Council of the City
of Dubnque, Iowa, pursnant to the
prov,isions of Section 368.20 of the
Code of Iowa, 1971, as amended,
and House FHe 1147, Acts of the
Sixty-fourth General Assembly of
the StJate of Iowa.
Dated at Dubuque, Iowa, this
31st day of July, 1972.
Wayne A, Moldenhauer
Mayor
Harold P. Meloy
County Commissioner of
Elections
Special Session, July 31, 1972
fur county and city law enforce-
ment purposes? ~ NO
(Back of Ballot)
Official Ballot for Law Enforce-
ment Center Bond Proposition
Special Mnuicipal Election,
Duhuqne, Iowa
August 22, 1972
Precinct
(Facsimile Signature)
City Clerk
(Facsimile Signature)
County Commissioner of
Elections
For said election the City shall
be di"ided into twenty-five elec-
tion precincts, the boundaries of
which shall be as delimited by
Ordinance No. 28-72 of said City.
The polling places within the reo
spective election precincts will be
as follows:
Voting Precincts Polling Places
First, Marshall! School, 1450 Rbom.
berg Avenue
Second, Dubuque County Conrt-
house, 720 Central Avenue
Third. Sacred Hea'rt School, 22'1l
Queen Street
Fourth, Christensen's Greenbonse,
2635 Windsor Avenue
Fifth, Holy Ghost School, 29111 Cen-
tral Avenne
Sixth, Fulton School, 2540 Central
Avenue
Seventh, Audubon School, 535 Lin-
coln Avenue
EIghth, Fire Station, West Eigh.
teenth Street and Central Ave.
Ninth, Amalgamated Meat Cntters
Union Building, 1111 Bluff Street
Tenth, Mercy Hospital Nurses
Home, 252 Peabody Street
Eleventh, Bryant School, 1280 Rush
StTeet
Twelfth, YMCA, Dodge Street and
Booth Street
Thirteenth, Washington J n n lor I
High School, 51 North Grand.
view Avenne
Fourteenth, Fire Station No.4, Uni-
versity Avenue and Atlantic St,
Fifteenth, Lincoln Sebool, 11 0 1
West Fifth Street
Sixteenth, Jackson School, 715 West
Locust Street
Seventeenth, Dubuque Senior High
School, 1800 Clarke Drive
Eighteenth, Irving Scbool, 2 5 2 0
Pennsylvania Avenue
Nineteenth, Kennedy School, 2135
Woodland Drive
Attest:
Leo F. Frommelt
City Clerk
Cuncilman Pregler moved adop-
tion of the resolntion. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas - Mayor Moldenblauer,
Councilmen Bit t e r, Jnstmann,
Pregler, Thoms.
Nays - None.
RESOLUTION NO. 238.72
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ci.
garettes within the City of Dubu-
que, Iowa, be granted a permit
to sell Cigiarettes and Cigarette
papers within said City.
Kennedy MalJ Cinema, 555 J. F,
Kennedy Road
Herman J. Meyer, 3355 Pennsyl-
vania Avenue
BE IT FURTHER RESOLVED
that the bonds filed witb the ap-
plication be approved.
364 ~--~~~'Ju1Y 31, 1972
P\assed, adopted 'and approved
tbis 31st day of July, HyI2.
Wayne A. Moldenhauer
Mayor
Walt..- A. Pregler
Allan T. Thoms
C. Robert Justmann
J'oseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Bitt..- moved adop-
tion of. the resolution. Seeonded
by Councilman Pregler. Carried
by the following vote: I
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
There being nO further business
Councilm1!.n Pregler moved to ad.
journ, Seconded by Mayor Mol-
denhauer, Carried by the follow.
ing vote:
Yeas - Mayor Moldenhauer,
Councilmen B i He r, Justmann,
Pregler, Thoms.
Nays - None,
Leo F. Frommelt
City Clerk
Approved ......................................1972
Adopted .................................,......1972
..................,.......................,...............
.............................,....................."..,.,
...........................................,.,..".,......
,.......,.............................."........,...,....
Councilmen
Attest: """"""""Ci.ïŸ"ci~~k"""""""
Regnlar Session, Augnst 7, 1972
365
CITY COUNCIL
OFFICIAL
Regular SacsIon, August 7, 1972,
Council met at 7:30 P.M. (D.
S.T.)
P- - Mayor Moldenhauer
Coundlmen ,B i t t. r, Justmann,
Pregler, Thoms. City Manager Gil.
bert D. Chav"""'a.
Mayor Mold-auer read the c",ll
and stated that servoieethereof bad
been duly made and tòis is the
REGULAR MONTHLY ME,EnNG
called for the ,pnrp¡¡se of acting
l1 )OI1 sneh business as may pro-
perly come ,be&re the meeting.
Commt1lÙeation 0 f Ontrea<ch
Committee of Westminster Pres.
byterian Chureh being in support
of tbeproposed Yonth Services
Bureau, presenl>ed and read. Coun-
cilman Bitter moved that the com-
munica.ti<>n he ,received and filed.
Seconded ,by Councilman .r u . t-
mann. Carried by the following
>rote:
Yeas - Mayor Moldenhauer,
Conncilnren Bit t e r, .rustmann,
Pregler, Thoms.
Nay.s - None.
Communiœti<>ns of B. J, Brace
et al (20 posteards) being in sup-
port of the proposed Youth Ser.
vices Bureau, presented and read.
Councii,manBitter moved that the
eanls he reeeived and filed'. Se-
conded by Councilman Justmann.
Ca'rried by the following vote:
Yeas - Mayor Moldenhiauer, I
Councilnren 1! i t t e r, Justmann,
Pregler, TOOms,
Nays - N<me,
Communieation of Dubnque
County Department of Social Ser-
viees registering sUippolt of pro-
posal that the City Sponsor and
pameipate in the Yontb Serviees
Project, presented and read, Coun.
eil-n Bitter moved that the com-
mnnieation be received and filed.
Seeonded by Councilman J u . t-
mann, Carried by the fo JJowing
vote:
Yeas - Mayor Moldenhauer,
Councilmen 1! ¡ t t e r, Jnstmann,
Pregler, Thoms,
Nays - None.
Telegram from United States Se-
nator Harold Hughes commending
efforts eo<tended in befjalf of a I
YOUÜ1 Serviees Burean, presented '
and read. ConneiIman Bitter mov-
ed that the telegram be received
and :filed. Seeonded by Councilman
Justmann. Carried ,by the follow.
ing vote:
Yeas - M'ayor MOldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
p,,¡jtion of Chris Duffy et al
(soo ,oignatures) requesting the
Conncil to endo'Se and support the
Yonth of Dnbnque through the
sponsorhsip of the "Youth S e r-
vices Burean" presented and read.
Conncilman Bitter moved that .the
petition be received and filed. Se-
condedby Conncilman Justmann,
Carried by the folIowing rote:
Yeas - May<>r Moldenhaner,
Conncilmen Bitter, Justmann,
Pregler, Tholllii.
Nays - None.
ConnctIman PrC jler moved that
the roles he suspended in order
to let anyone present addTess the
Connell jf they so deS'ire. Seeond~
ed by Mayor Moldenhauer. Car-
ried by the following YU!e:
Yeas - Mayor Moldenhauer,
Councilmen 1! i t t e r, Justmann,
Pregler, Thoms.
Nays - None.
Mrs, Dan Ernst spoke in favor
of the Youth SewkesProject along
with Mrs. Lontse Thompson of the
Schooi Board, Mike Breitbach ws
head of student government a t
Hempstead, Mike Brooks of the
City staff, Steve UdeIhofen of
Youth Em¡Jloyment and Dick Slat.
tery a6 head of the Recrea1iiDn
department. M . Bot> Hnmke and
Arthur Boardman spoke with some
apprehension of the project,
Councilman Jnstmann presented
and read a "critique" aoolyzing
tbe Youth Semee. Project being
critical of the preferential treat.
ment to a selected group of resi-
dents of the City, Connctlman
Pregler moved that the critique
he received and filed. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas - Mayor Moldenbauer,
Couneilmen Justmann, Pre¡ !er,
Thoms.
Nays - Conncilman Bitter.
Mayor's weekly report letter to
the Councii dated Angus! 6, 1972,
Preorented for filing- Conncilman
Bitter moved' that the report be
recetved and filed. Seconded by