1972 December Council Proceedings
1'here beinig no further bu.iness
Councilman Thoma moved to ad-
journ. Seconded by Councilm..n
Pregler. Ca.med by the following
vote:
Yeas - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays-NoDe.
Absent - Coundlman Bitter.
Leo F. Frommelt
Clty Olerk
548
Specail Session, November 27, 1972
M,a yor .MO ld. enhauer moved a dOP-¡
tion of the resolution. SeeoIIded
by Counciimm pregler. Carried
by the following vote:
Yea's - Mayor Moldenhauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
Ab_t - Councilman mtter.
Art; 10:30 P.M. Mayor Molden-
hauer moved to go into an execu-
tive session to discuss a staff re-
port on wwges for the Operating
Engineers, a]so to consider a. re-
newal of a' beer and liquor li-
cense as the result of a recom-
mendation submitted by the Police
Chief, aloo to C()nsider members
to various Boards and Commis-
sions. Seconded by Councilman
Pregler. Carried by the follOWÏing
rote: .
Ye.. - M.ayor Moldenbauer,
Councilmen Justmann, Pregler,
Thoms.
Nays - None.
AJbsent - Coundlman Bitter.
Council recon"ened in regular
session at 11:28 P.M. I
Councilmm Pregler moved tbat
the application for renewai for a
combination beer and liquor 1 i-
cen.se .. snbmitted by Clara L.
Johnson be denied. Seconded by
Mayor Moldenhauer. Vote on the
motion was as foliows:
Yeas - Mayor Moldenhauer,
Conncilman Pregler.
Nay,s - Councilmen Justmann,
Thoms.
Absent - Councilman Bitter.
Mayor Moldenbauer submilited
the nWIDes of Daniel E. Welu as
an appointment to the PoNce TIre
Pension and Retirement Board to
fill the une"Pired term of N. J.
Greteman to 4.1.'/14 and WiTIia'm
McEllhiney to Dock Commission
for a' three year term to 111-26-115
to replace Josepb Voelker.
Councilman Pregler moved rati-
fication of the appointments. Se-
conded by Counciiman Justm.ann.
Carried by the fo1iowing vote:
Ye.,. - Mayor Moldenbauer,
Oounciiman Justmann, Pregler,
Thoms.
Nays - None.
AJbsent Councilman Bitter.
Approved ....................................1973
Adopted ......................................1973
Couneilmen
Attest: ................................................
City Clerk
Regular Session, December 4, 1972
CITY COUNCIL
OPPICIAL
R....lor SeMIon, December 4,
1972.
Council met at 7:30 P.M. (C.S.T.)
Present-Mayor Mol denhowr,
Councu.men Bitt.., Justmonn, Pre-
gler, Thoms. City Manager Gilbert
D. Chovenelle.
Mayor Moldenhauer rewd the call
and stated that service thereof had
been duly made and tbis meeting
is the RÐgular Monthly Meeting
called for tile purpose of acting
upon such business as may proper-
ly come helore the meeting.
Commumcation of Low Rent
Housing submitting minutes of
tbeir meeting of November 21, 1972
presented and read. Councilman
Pregler moved that the com-mnn.
ication be received and filed. Se-
conded by Councilman Bitter. C..r-
ried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays-None.
Communication of C 0 u n cilman
Justmann suggesting development
of strategy for development of the
4th and 6th street ex.tension areas
and recommending coordinated de-
velopment of the ar"" to be soli.
cited from the private and public
sector, presented and read. Coun-
cilman Thoms moved that the com-
munication be referred to .the Man-
ager for a report and-or im-plemen-
tation. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas - Mayor Moldenlbauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays--None.
Communication of Gen. R. Bur-
den expressing a desire for the
preservation of the City H..ll and
if the arcbitects find remodeling
feasible he would be in favor of
t.he .building being occupied by the
City, presented and read. Council-
man Pregler moved that the com.
munication be reœived and filed.
S,,",onded by Councilman Bitter.
Carried by the following vote:
Yeas - Mayor Moldenhauer,
Coun<:ilmen Bitter, Justmann,
Pregler, Thoms.
Nays--None.
549
Communication <>f Key Clty News
Media Ass'n. refusing acceptance
of offer to seat a news person
on the police handbook task foree,
presented and read. Councilman
Bitter moved that the communi.
cation be received and filed. Sec.
onded by Councilman Pregier. Car-
ried by tbe following vote:
Yeas - Mayor Molde"hauer.
Councilmen Bit t e r, Justmann
Pregler, Thoms.
N"ys-JNone.
Commumcation 01. Ca.ptains of
the Dubuque Police Department
doolining membersbip on the Task
Force in regard to the Manager's
snggested Handbook which in their
opinion is duplication of policies
now in elfect, presented and read.
Councilman Bitter mD'-'ed that the
communicati<>n be received and fil'
ed. Seconded by Councilman Just.
mann. Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Na.ys-JNone.
Communication of J)¡jbuque Park
Board and Recreation Commission
recommending approval of option
to purcl1ase of 35 acres of land
!mown as the Reed property 10'
cated on the old Bellevue Road,
near Metropolitan Heigbts, for fu-
ture expansion, all in agreement
.with trustees of E. B. Lyons estate,
presented and read. Mayor Molden-
hauer moved that tbe rules be
suspended in order to let anyone
present a<klress the C<>oncil if so
desire. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays-None.
Park Board Commissioner Tho.
mas G. Schru,p addressed the Coun
cil as being in fa"or of acquiring
the property on the Old Bellevue
Road, known as the Reed property
Mr. Edwin Lee Lyons slwwed films
of the property. C<>oncilman Bitter
moved that the colt1lIllumcamon of
the Parle Boa,rd be received and
filed and vok-e approval be given
on the option to purchase the Reed
property and the Mayor be author-
Ized to ",go. Seconded by Oooncil-
desire to bave your wpproval on
same.
,PUBLIC OFFIOIAL BOND
Gerald Hird, The Ohio Casualty In-
suranee Company
J.ames N. CLa.-k, Hwwllreye..Secu.r!ty
Insurance Comipany
Gilbert D. Cha,venelle
City Manager
Councilman ,Pregler moved that
the bonds be flied subject to ap-
proval of the Cåty Attorney. Se-
condedby Counciiman Bitter. Car-
ried by the following vote:
Yeas - Mayor Moklenhauer,
Councilmen Bit t e r, Justm,ann,
Pre'gier, Thoms.
Nays - None.
550
Regular Session, December 4, 1972
man Justmann. Carried by the fol.
ioMng vote:
Yeas - Mayor Moldenhauer,
Councilmen Bi t t e r, Justmann,
Pregier, Th"ms.
Nays-<None.
December 1, 1972
Mayor and Member of City Counci'
Enclosed is the official commu-
nication from Mr. George B. Hart-
zog, Jr., the Director of the Na-
tional Park Service, advising that
the Or,pheum Theatre and Site has
been entered in tbe National Re-
gister of Historic Plaees,
We would suggest that tbis com-
munieation be received, filed and
made a matter of reeord.
A copy of tbis communication
is aIso being provided the Dubu-
que County Historieal Society.
Gilbert'D. Obavenelle
Oity Manager
The Director of the Nationa]
Pari< Service George B. HaI'IrLog,
Jr. is pleased to inform you that
the bistoric property iisted on the
enclosed sheet has been nominated
by the State Liaison Offieer respon-
sible for your State's implemen-
tation of the Nationai Historic Pre-
servation Act of 1006, ¡Po L. 89-665
(80 Stat. 915), as amended. It has
aceordingly been entered in the
National Register of Historic Plac-
es. A ieaflet eXiplaining the Nation-
al Register is enclosed for your
inrformation and convenience.
Entries in the National Register
State Iowa
Date Entered Nov 14, 1972
Name Orpheum Theatre and
Site Location, Dubuque, Dubuque
County.
Also Notified
Hon. Jack R. Miller.
Hon. Harold E. Hughes.
Hon. Jobn C. Culver.
Councilman Pregler moved that
the communication be received and
flied and made a matter of record.
Seconded by Counciiman Bitter.
Carried by the following vote:
Yea. - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays-None.
November 30, IB12
To tbe Honorable Mayor
and City Concil,
Ths ia to adv,ise bat I have ap-
proved the fo][owing bonds and
NO'-'Cmber 28, 1972
Honorable Mayor
and Cilty Oouneil
I ha,ve appointed Mr. J'WIDes C.
Da"is to the Plumbing Boar<!' for
a term of five years beginning
November 2nd, 1972.
Mr. Davis represents the Jour-
n~man Plumbers and be comple-
ted bis fiirst term on tIhe &ard
November 2nd.
I request your approv,a! of the
appointment of Mr. Davis.
Gilbert D. Cha"enelle
City Manager
Councilmwn Pregler moved ap..
proval of tIhe recommendation. Se,
conded by Councilman Bitter. Car-
ried ,by the following vote:
Yeas - Mayor Moldenbauer,
Counciimen Bit t e r, Justmann,
P,regler, Thoms.
Nays - None.
November 29, 1972
Honorable Ma~or
and Clty Council
On November 17, 1972, Vineent
J. Hayes of RR #1, PeosIa, Iowa
filed claim against the City of
Dubuque, Iowa in the am"unt of
$226.00 and alleging said da!mages
occurred to his motorvebicle on
N'ovemilet' 9, IB12 ... the. result
of striking a hole in tbe street
at the entrance of the A & P
Store and Asbury Road.
The m,atter was referred to the
City Attorney and Ih."emade
an investigation Of ,said claim and
ha"e eonsulted with the street
Commissioner and find no actioo-
able negligence on the Part oitbe
Regular Session, December 4, 1972 551
City and in view of the foregUing mines that saiid alley s,hould be
it is the recommendation of tbe vaewted and disposition of same
City Attorney that the claim of to the petitioners should be a,p..
Vincent J. Hayes be denied. prwed subje'et to the terms and
Original claim is returned here. conditions bereinatfter set out:
with. NOW 11HEREFORE B!E IT OR-
DAIiNEID BY T!HE CITY OOUNCillL
OF THE CFrY OF DUBUQUE,
roW,\,:
Section I. That the alley lying
between 16th wnd 1~.th Streets and
! Elm and Pine Streets in libe City
. of Dubuque, Iowa be and the same
is hereby v'aeated, and the sale
thereof to Metz Manu~aduring
Company be and the same is here-
by approved.
Section 2. That tbe City Clerk
publish notice of intent to dispose
of said alley to MetzManufacturing
Ooma>any for the sum of Two Thou-
sand Five Hundred ($2,500.00) Dol-
lars and costs of publication and
relocation of sanitary seWer from
i.ts present IDeation to the northerly
side of 17th Street ~ bhe sanitaTY
sewer in Elm Street and wbieh
shall be done by Metz Manufac-
turing Company at its expense in
aecordance with plans approved
by the Oity Manager and under
the direetion of the Clty Engineer.
Passed, a'pproved and adopted
this 4th day of December, 1972.
Wayne A. Moldenhauer
Mayor
WaIter A. Pregler
Allan T. Thoms
C. R<Jibert Justmann
Joseph J. Bitter
Councilmen
R. N. Rusoo
City Attorney
Mayor Moldenhauer moved ap-
proval of the re'commendation. Se.
conded by C<>unciiman Bitter. Car-
ried by libe f<I&wing vote:
Yeas - M'aYor Moldenbauer,
Councilmen B.1 t t e r, Justmann,
Pregler, Thoms.
Nays - None.
Proof of PwbIlication, certified to
by the Publisher, of Notice of time
and place of hearing to consider
a proposal tb vacate and di_se
of an alley lying betweoo 16th and
17th streets a.nd E'im wnd Pine
Streets to Metz Manufaeturing
Company, in the amount of $2500,
and relocation of a sanitary sewer
to the northerly side of 17th street
to samtaTY sewer in Elm Street,
presented and read.
No written dbjections were iJiJed
a,nd no oral objectors were present
in the Council Chamber at the
time set for the bearing.
Councilman PTegler moved that
the proof of publication be re-
ceived and iJiJed. Seconded by
Councilman Bitter. Carried by tbe
following vote:
Ye..s - Mayor Moldenhauer,
Councilmen Bitter, Justmaon,
Pregler, Thoms.
Nays - NOne. Attest
ORDINANCE NO. 57-72 Leo F. Frommelt
An Ordinance for sale and vacation City Clerk
of alley lying between 16th and Publi.hed ofIfiClia!1y in the Tele.
17th Streets and Elm and Pine i graph Herald Newspaper this 25th
Streets in the City of Dubuque, ' day of January, 1973.
Iowa Leo F. Frommelt
.aid Ordinance ba"ing been pre- City cœrk
viousl~ prese,:,ted and read at libe Councilman Pregler moved fina'l
CouncIl meeting of Novembe~ 6, adoption of the Ordinance. Second-
1972, presented for final adopti?D. ed ¡by Councilman Bitter. Ca.-ried
WHEREAS, Metz Manufacturing by the fullo\'Ving vote:
<:~mpany, Dub.uque, low." bas pc- Y- - M'ayor MolcJen!¡auer,
tiboned the Cilty Council for tbe Councilmen Bit t e r Justmann
va'cation of an aUey lying between Pregler Thoms' ,
16th and 17,fu Streets and Elm Nays' - No~.
and Pine Streetz in the City of
Dubuque, Iowa. and for the pur- 'RESOLUTION NO. 370-72
cha.se of sa;dvacated alley by WlHEREAS, pursuant to resolu-
Metz Manufacturing Company; and lion of published notice of time
WHE.R,EAS, the City Council of and place of hearing published in
the City of Dubuque, Iowa deter- the Telegraph..Herald, a newspaper
I
552
Regular Session, December 4, 1972
of genend c1nulation pubilisbed in
the City of Dubuque, Iowa on No-
vember 9, 197~ and November 16,
1972, City Council d. Clty of Du-
buque, Iowa, met on the 4th day
of Dacember, 1972, at 7:30 o'clock
P.M. (Centra[ Standard Time) in
the City C<>uocii chambers, City
Hall, Dubuque, Iowa, to consider
tbe proposal to ~se of inlterest
of the City d. Dubuque, Iowa to
.. va~'aœd alley lying between 16th
and 17th Streets and EJm and Pine
Streets in the City of Dubuque,
Iowa to Metz Manufacturing Com-
pany; and
WHEREAS, City Council of Du-
buque, Iowa, overruled any and
aR objections, ora.! or written to
(be proposai to dispose 011 interest
of City of Dubuque, Iowa. in the
above described real estate to Met.
Manufacturing Company.
NOW 1'll!mEFORiE BE rr M:-
SOINED BY THE C1TY COUNOIL
OF THE CI1l'Y OF 1>lJiBUQUE,
IOW>A:
Section 1. That the disposal of
interest of City of Dubuque, IOWa
in real eota,te being a vacated alJey
lying between 16th and 17th Streets
end Elm and Pine Streets in the
City of Dubuque to Metz Manu.
focturing Company be and the
same is bere!by approved upon pay-
ment by Metz Manufacturing Com.
pnay of the sum of $2,500,00, of
costs of publi<:ation, and recording
fees ,and relocation of sanitary se.
wer from its present location to
the noribeÑy side of 17th Street
to the sanitary sewer in Elm Street
and wmcb shan be done by Met.
Manufacturing C..,mpony at its ex-
pense and .in a~cordan~e with plans
a'pproved by tbe City Mana¡ger and
under the direction of the City
Engineer, and that no abstract will
be furnislbed. The Mayor and City
CJ.erk are hereby directed to exe-
cute said deed on bebo'if 01. City
Of Do14>uque.
Section 2. That the CÍity Clerk
be and he ÎIS hereby authorized
aDd ~ w deliver t e od 011
eoDYeYance to the Metz Monufec-
turing Company upon receipt of
purchase price of $2.500.00, publi-
cation costs, recording fees and
evi~ 011 the eom¡¡Ietion to the
sa1iffedlon of the Clty MBD&ger
and the City Engineer of the re-
1ocatiœ of the sanitary sewer a.
aibo... outlined.
Section 3. That the City Clerk
be md he is hereby authorized
and directed to record a certified
copy of this Resolution in the 011.
£ice of the Dubuque County Re-
corder.
Pa'ssed, approved and adopted
this 4th day of December, 1972.
Wayne A. Moldenhauer
Mayor
WaJter A. l'regI.er
AJlan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by CouncilllWl 'l1hioms. Carried by
the foHowing vote:
Yeas - Mayor Moldenhauoc,
C<>uocWnen Bitter, Justmann,
Pregler, Thoms.
Nays - N""e.
An ordinance arMnCllng Ordinance
No. 48-70 by repealing S- 5
thereof and enacting a new Sec-
tion 5 in Heu thereof to provide
thet members 01 the Plumbing
Boord sholl be paid $5.00 - month
presented and read.
Coundman Jus1mann moved
that compensation be disaUowed
until other Boards and Commis-
sions are reviewed. Seconded by
Mayor Moldenhauer. Carried by
tbe following vote:
Ye"" - Mayor Moldenhauer,
Counc~men Bitter, Justmann.
Nays - Councilman .'Iboms.
k1Jstain - Councilman Pregler.
M'ltyor Moldeubauer moved that
the proposed Ordinance !be referred
to the Advisory Commission for
investigation and report. Seconded
by Councilman Pregler. Oanied
by the fo1lowlng V<I!e:
Ye"", - MaY'»' MoJdenhauer,
CounciJJlI1en Bit t e r. Justmenn.
Pregler, Thoms.
Nays-NoDe.
ORDINANCE NO. 63-72
An ordinonc. amending - ch_-
ing Ordinance No. 3-34 known as
1118 "Zo""" M8p - ZonIng Or.
dlno.... of 1118 City 01 DuIouque,
Iowa" so .. to change ..nain
p.-rty hereinafter described
from "Single F8IftUy R_-
Regular Session, December 4, 1972
District" cloMification to "Multiple
Residence District" clossillC8t1on,
(listen 01 St. Francis),
pre.ented and read.
Oounciiman Bitter moved that
the readiing just bwd be considered
the first rewding of the Ordinance.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas - Mayor Moldenhauer,
Council.men Bit t e r, Justmann,
Pregler, Thoms.
Nay's - None.
Councilman Bitter moved that
tbe rule requiring an Ordinance
to be read on three separate days
be wa,ived. SeC'Onded by C<>uocil-
man Pregler. Carried by the fol-
lowing vote:
Ye... - Mayor Moldenhauer,
Counciimen Bitt e r, Juotmann,
Pregler, Thorn.s.
Nays - None.
Councilman Bitter mwed tbat
a public hearin.g be held on the
Ordinance on Janua,ry 2, 1973 at :
7:00 P..M. in the Coundl Chamber I
at the City Ha.Il and that the City I
Olerk be instructed to pœblisb no-
tice Of the hearing in the manner
required by law. Seconded by
Councilman Pregler. Carried hy
the folloWling vote:
Yelts - Mayor Moldenbauer,
Councilmen Bitt e r, Juslmann,
Pregler, Thoms.
Nays - None.
Petition of C. J. Danglemeyer
et a1 (34 .signers) expre.sing a
desire that the City Hall be main-
ta'ined and remodeled to snit the
City'S present needs in its pre-
sent Wcation, presented and read.
Coundlman Justmann mD"ed that
the petition be received and filed.
Seconded hy Oounciiman Bitter.
Carried by the following VOte:
Yeas - Ma7<ll' Moldenhauer,
Councilmen Bit I e r, Justmann,
Pregler, 'l1hGms.
Nays - None.
Pelitiœ 01. JUeIIanl HiBa.-d, re-
questing a rerum of $50 on the
unexpired portion 011 .cigarette li.
cense No. 249, as he has discon-
tinued business on Nov. 20, 197~,
prœeated and read. CouncÆman
Bitter ffiO'-'ed that the petition be
grmted and the Auditor instructed
to issue proper warrant. Seconded
by Councilman Pregler. Carrœd
553
by the following ,vo!;,:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregier, Thoms.
Nays - None.
Proof of Publleatioo, certified to
by the Publiisber, of no'lke of levy
and intention of the Council to
issue 'bonds 10 pay for cost of
construction of 1972 Asphalt P..v-
ing Project No.1, Dubuque Flood-
wall streets; Ea'gle Point p" r k
Roadway; llillcrest Boad from the
W.P.L. Of Carter Rowd to W.P.L.
of Lot 11) Biock 11 of Hillcrest
Heights; John F. Kennedy road
widening lane. at Pennsywania
Avenue; presented and read.
No written objections were filed
and no objectors were present in
the Council. Ch"mber at tbe time
set for the public hearing.
CounciWman Bitter moved that
tbe proof of PubJócation be r e-
ceived and filed. Seconded by Ma.
yor Moldenhauer. Carried by the
following vote:
Yeas - Mayor MoldenhltUer,
Councilmen Bit t e r, J""tmann,
Pregler, Thoms.
Nays - None.
Statement of City Clerk that n0-
tices of public hearing were mailed
by certified mail to property own.
ers of record subject to assess-
ment to pay for cost of construct-
ing City of Duhuque 1972 Asphalt
Paving Project NO.1, macrest
Road only, on November 7, 1972,
presented and read. Counci1man
Bitter moved that the statement
be reœi<ved and filed. Seconded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Statement of Ray RampslOn, a
member of the Engineering de-
partment, c~ing that notices
of levy of ass,,"sment were post-
ed in the assessable area of 1972
Asphait PwviQg Pirojeet No.1 on
~ . 1J, 1II'IC! preeented and
read. Councilman Bitter moved
that the statement he re:ceived and
filed. Seconded by Mayor Molden-
hauer. Carried by the fOUowing
vote:
Yeas - Mayor Moldenhauer,
Councilmen B i 1 t e r, Justmann,
Pregler, Thoms.
Nays-NODe.
i
554
Regular Session, December 4, 1972
Regular Session, December 4, 1972
555
RESOLU1110N NO. 371-72 42.95 tons Aspbait Surface Course
SCHEIDULE OF ASSESSMENTS at $1ß.75 $59(1.56.
RIESOIN'ED by tbe City Council 100 gals. Pmoo Coat MC.70 at
of the City of Dubuque, Iowa: That $O.3e $3e.00.
to pay for City of Dubuque 1972 13 tons %" Stabilized Rolled
Asphalt Paving Project No.1 Ex- Stone Base at $3.90 $50.70.
cept. University Ave., b,Y Tri-State '54.25 !in. ft. Curb and Gutter
PavIng . Co,contra'ctor In front.of Removal at $1.00 $54.25.
and ad]<>IDmg the same, a specIal.. . .'
tax be and is bereby levied on 54.25 1m. f~ ?,ombmatlOn Curb
the ""eral iots and parts of lots & Gutter-Type A at $3.90 $211.58.
and spa-reels of' reM estate all a~ Total Construction Cost, $1,696.65.
named, situated and owned, and 'Less City Share $265.83.
for tbe severai amounts set oppo- Assessable Amount $1,430.82.
site ea'ch lot or parcel of real 15% EngIneering Expense
estate as set forth in the follow- $214.62.
iug s~hedule: 5 percent Interest-52 days $10.33
TotsJI Assessable Amount $1,655.-
77.
All of which is assess'" in propor-
tion to the special -*its con-
ferred.
Passed, adopted and approved
tbis 4th day of December 1972.
Wayne A. Moldenhauer
,Mayor
Walter A. Pregler
Allan T. Thoms
C. RObert Justmann
Joseph J. Bliiter
Councilmen
Attest: Leo F. Frommeit
City Clerk.
Councilman Bitter moved adop.
tion of the resolution. Seconded
by Mayor Moldemauer. Carried
by the following vote:
Yeas - Ma-yor Moldenhauer,
CouncHmen BItter, Justmann,
Pregler, Thoms.
Na'ys-,None.
CiTY OF DUBUQUE
1972
ASPKALT PAVING
P:ROJECT NO.1
EXCEPT UNIVERSITY AVENU,E
Total Construction cOS'l; $1114,-
540.08.
City sha're, $113;109.26.
Assessable "mount, $1,4:10.82.
15 percent engineering expense
$214.62.
5 percent interest-52 days $10.33.
Total a-ssessable "mount $1,655.77
Asphalt paving, Hillcrest Rood W.
P.L. Carter Road to W.P.L. Lot
10, Block 11 Hillcrast Heights.
David P. and Juditb A. Wieder.
hoM, 5, Hillcrest Heights.Blk. #13.
$5.77.
Vilas A. and Phyllis E. Seipp,
4, Hillcrest Heights-BIlt. #13, $31.84
Bessie G. Gailiart, 3, HiHcrest
Heights-B1k. #'13, $59.74
Olie M. Jr. and Lavohn O. Blac-
korby, 2, Hi11crest Heights-.Blk. #-
13, $164.90.
William and Lorrafine Von Fu-
metti, 1, Hillcrest Heights.Blk. #-
13, $565.54
Allen E. and Ruth R. Stoffregan,
10, Hillcrest He;ghts-iBik. #ILl,
$562.05.
Loe W. Jr. and Barbara AJnn
Kueper, 9, Hillcrest Heights-Blk.
#(11, $169.41.
Oscar E. and Donna M. Brug-
gema.n, 8, Hillcrest Heights--Blk. ,o-
11, $51.34.
John and Joan Anstoetter, 7, Hill-
crest Heighlis.Blk. #11, $45.18
Totai, $1,655,7'7.
137 cu. yds. Excavation (unclass.
ified) at $1.50 $205.50.
4U5 tons Aspbalt Binder Course
at $13.75 $552.06.
Proof of Publication, certified to
by the Publisher, of notice of public
he,aï1:ng to consider a proposal to
authorize the issuance of street
improvements bonds to ,pa-y for
a-ssessed cost of constructing City
of Dubuque 1972 Aspbait Paving
Project No.1 except University
Avenue, presented and read.
Ooundlman Bitter moved that
the proof of publication be received
and filed. Seconded by Mayor Mol.
denhauer. Carried by the following
vote:
RESOLUTION NO. 372-72
Resolution providing for the i..
suance of street improvement
bonds for the pu.,pose of providing
for the payment of the assessed
cost of city of Dubuqua 1972 as-
plNllt paving project no. 1 (except
Univenity Avenue).
Wheras tbe contract beretofore
entered into by the City of Du-
buque, Iowa, for the improvements
hereinafter described has been
completed and tbe aty Manager
has certified the completion thereof
to the City Counc~ and the. City
Council has ascertained the cost
thereof and hao determined tbat
$l,ßS5m dollars of the cost therrof
shall be assessed against the pro-
perty stJbject to ...sessment there.
for; and
Whereas pub1i:c notice, a's pro-
v,ided by law, lIas been published
by the City Clerk stating the inten.
Won -of the City Councllto issue
bonds, for the purpose of providing
for the payment of the assessed
cost of sa,id improvement and a
public hearing has been beld, pur-
suant to such notice and an ob-
j,ctions made tbereto have been
considered and determined;
NK>W 'l1HEREœ'ORE BE IT ßÆ:.
SillNED by the aty Council of
the City of Dubuque:
1. That to provide for the pay-
meD>i of the asse.sed cost of City
of Dubuque 1972 Asphalt Pa"mg
Project No. 1. (except University
Avenue). Tbere .hail be issued
street improvement bonds in the
amount of $1,500.00 dollars in an-
ticipation of the ded'erred payment
of assessments levied for such im-
provement.
2. Such bonds .hall be caLled
street improvement bonds; and
shaH bear the date of Janua,ry
4, 1973 and shall be numbered
consecutively; and they shall be
numbered, divided into series, and
be in such denominations and for
such maturity dates as are shown
in the following table:
Series No.8, Bond No.1, De-
nomination $500.()(), Maturity April, I
1, 1980.
Series No 9, Bond No.2, De.
nomination $500.00, Maturity April
1, 1981.
Series No. 10, Bond No 3, De-
nomination $500.00, Maturity April
1, 1982.
Yeas - Mayor Moldenhauer,
Councilmen Bi t t e r, Justma'nn,
Pregler, Thoms. .
Nays-none.
3. Said bonds sba'¡¡ bear interest
at the r,ate of six per cent per
annum, payable annuaHy in accor-
dance with coupons thereto
attached:
4. Said bonds shall not make
the City of Dubuque liable in any
way, e"cept for the applic,ation
of said special a-ssessemrt fonds.
5. Salid -bonds shaH provide that
th,*, may be payable at any time
prior to the maturity date stated
therein at the option of the City
of Dubuque and shaH be in sub-
stantia'¡¡y the following form:
CITY OF DUBUQUE
Street Improvement Bond
The City of Dubuque in the State
of Iowa promises to pay as here-
ina~er mentioned to the bearer
hereof, the sum of five hundred
dollars .with interest thereon at
the rate of oIixpercent per aMum,
pay'alb1e' 'annuaUy,"on the presen'
tation and surrè!l1der of the interest
coupons hereto al:tached. Botb prin-
cipal a,m interest of tbis bond
are payable at the office of the
Clty Treasurer in the City of Du-
buque, in the State of Iowa. Tbis
bond is issued by the Clty of Du.
buque under and by virtue of Chap-
ter 396 of the 1954 Code of Iowa,
... amended, wnd the Resolution
of salid City dilly passed on the
4th day of December 1972, being
Resoiution No. 3Il2-<'ro.
This Bond is One of a' series
of 3 honds, all for $500.00 numbered
from 1 through 3 all of liI<e tenor
and date, and issued for the pur-
pose of providing for the ded'erred
payment of assessments levied for
the City of Dubuque Asphalt Pay-
in'g Project No.1 (except Univer-
sity Avenue.).
as described in s'aid Resolu1JiOIl,
in said City, which cost is paya,ble
by the abuttmg and adjacent pro.
pertyaioug sad improvements wnd
is made' by law a- JIIen on all
of said property. It is payable
only out of the Special Assessment
Fund 1294 created by the collection
of said speci"l tax, and said fund
can be used for no other purpose.
It is bereby certified wnd recited
that all the ads, conditions and
things required to be done, pre-
cedent to and in isouing this .series
of bonds, b"ve been done, hap.
pened, and performed, in regualr
and due form, a's required by iaw
10. Passed, adopted and approv.
ed tbis 4th da,y of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
556
Regular Session, December 4, 1972
and said Resolution, """ for tbe
assessment, collection and p a. y-
ment hereon of said apeciaJ tax,
tile fuR fdtll and diligence of said
City of Duibuque are -y irr-
evoeablly plæged.
IN 'l'EST1MONY WHiEREOF the
C'tty of Dubuque by its Connell
bas caused t!1i6 bond to be signed
by its Mayor and countersigned
by its City Clerk and the Seal
of said City to be thereto a jfixed,
this 4th day of December 1972.
Mayor
(SEAL)
City Clerk
(FGrm of CGupon)
on the .ðayolf.....
the City of Dubuque, Iowa, pro-
mises to pay to the bearer, as
provided in said bond, the sum
of Dollars, in the office
of the City Treasurer in the City
of Dubuque, being montbs'
interest due that date on its
Bond No. dated
Mayor
Clty Olerk
6. That the Mayor and City Clerk
be and they are hereby inscructed
to cause said bOnds to be prepared
and when so prepared to execute
said bonds and that the City Clerk
be and he is hereby instructed
to register said bonds in a book
kept for that purpose and to then
delåver tIIem to the City Treasura.'.
7. That the City Treasurer is
bereby instructed to sell said bonds
in the manner provided by law,
the proceeds of said sale to be
plaœd in a special. fund to be
known as Special Assessment Fund
l294 and paid out by bim to pay
tile cost of said contract.
S. TIat ÖIe iutereat CIIIQJDII8 at-
tached to the - be signed with
the iacsimi1e slgna,ture of Mle May-
or and countersigned with the fac-
simi1e signature of the City C1erk.
.. 'DIat ... .... ... ,..,.......,
beginning with the second year
alter !be pa¡>ment of interest due,
these bonds shall be called and
retired in the same order as num-
bered. n.e notice of election to
call these bonds shall be given
by Regular United States Mail ad.
dressed to the last known add:'",s
of the purdlaser.
Attest:
Leo F. Frommelt
City Cler!k
Councilman Bitter mO'led adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the following "ote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Decem:ber 4, 1972
To the Honorable Mayor
and City Council
1hi.s is to advise yon tlbat the
City of Dubuque 1972 Concrete Pav-
ing with Integral Curt> Project No.
1 - Grandview Avenue from the
W.P.L. of Southern Avenue to the
S..P.L. of Whelan Street bas been
completed in aœordanee with the
City of DUbuque plans and specifi.
cations with the exception of silap-
ing the Islands, md sodding the
remaining ea,st side and Islands.
AJn Ibpprq>rÌate amount to cover
these items will be wõÜlbeti un1il
these items are completed by Nau-
man Nursery next spring at ou,'
bid price.
On these conditions, I recom-
mend the acceptance of the above
named project.
Gilhert D. Cbavenelle
City Manager
Councilman Pregler moved ap-
proval of the recommendation. So-
condedby Councli1man .Bitter. Car-
ried by tbe following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
FInal Estlmo18
RESOLUTION NO. 373-72
.WIHE'RÆAS, the contract for the
City of Dubuque 1972 Concrete Pav-
ing wlMI Integral Curt> Project No.
1 - Grandview Avenue from tbe
W.P.L. of Southern Ave. to the
S:P.L. of Whelan Street has been
completed and the City Engineer
Regular Session, December 4, 1972
.~---
has submitted bis final estimate
showing the cost thereof including
the cost of estimates notices, in-
spection, and preparing the asses.
ment and piat, now tberefore,
tBE IT RIESOINEiD, by the City
Council of tile City of Dubuque,
That the cost of said improve-
ment is betreby dietermmed .to be
$448,594.1't.
That $161,001.00 of the cost there.
of shall be assessable upon pri.
vate property and $297,593.U shail
be paid from !be Road Use tax
Fund of the City of Dubuque.
Passed, adopted and a¡pproved
this 4th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
tbe following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Tlwms.
Nays - NoDe.
(A Resolution Accepting
Improvement and Directing the
Clerk to Publish Notice.)
RESOLUTION NO. 374-72
WIIJiEtRiEJAJS, the contract for the
City of Dubuque 1!m! Concrete Pav-
ing with Integral Cum Project No.
1 - Grandview Avenue from tbe
W.P.L. of Southern Avenue to the
S.P.L. of Wbelan St. has been com-
pleted and the City Manager has
examined the work and filed his
certificate stating that the same
has been completed according to
tbe term. <I. ÖIe contract, plans
and specifications and recommend,
its aœeptance, now therefore.
!BE Ia' RESOLVED, by the City
Council <jf the City <I. Dubuque,
thû"'_"~88IaI!On of th-
City Manager be approved and
that said improvement he and the
same is hereby accepted and the
City Engineer be and is hereb"
directed to' prepare a plat and
""hedwle showing the lots or par
cels of real estate subject to as- I
sessment for said improvement
and file the sa,me in the offlcP
557
of the City Clerk subject to public
inspection and said Clerk shall
upon receipt of such plat and sche-
dule publisb the notice of the Coun-
cii's intention to levy speciai as-
sessments therefor, as required by
law.
BE IT F'UiRll1HER RJœOLVED,
that the City Trea.surer be and
he is hereby directed to pay to
the contractor from the funds te
be realized from the sale of street
improve,mentbonds issued upon
the above deSICribed improvement
in amount equal to tbe a'mount
of bis contract, less any retained
percentage provided for therein.
Passed, adopted and., approved
this 4th day of December, 1972.
Wayne A, Moldenhauer
.Mayor
W..lter A.. Pregler
AHan T. ThoDHI
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilma,n Pregler moved adop-
tion of the resolution. Seconded
by Councilman Bitter. Carried by
the foDowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r; Justmann,
Pregler, Thoms.
NayS - None.
CollDCilman Pregler moved mop-
tion of the resoluti'on. Seconded
by Councilman Bitter. Carried by
the following vote:
Yea" - Mayor Moldenhauer,
Connellmen Bit t e r, Justmann,
Pregler, Thoms.
N..ys - None.
R,ESOLUTION NO. 375-72
Approving official budget r_rt
of Municipality for Municipal
Streets .nd P8t'td... for 1m;
WHEREAS, an oIIficiai budget
report of the City of Dubuque for
Munic!pa'l Streets and Parking for
the YUr beghmiog January 1, 19'/3
ad 'elldbWg DeeemII8r 81:, --, ball
béen dlÙY prepared in accordance
with Chapter 312.13, Itoad Use TaD<
Fund, Code of Iowa' 19m, and sub-
mitted to tbis CounciJl for approval,
and
WlHEREl>\S this Councii has exa-
mined the "OffiCia'l Bultget Re.
port of the City of Dubuque, Iowa
for Munleipd Streets &r1dng
558
Regular Session, December 4, 1972
from J,anuwry 1, 1913 to December
31, 1973" wherein the Distribution
of receipts and expenditures aTe
&bOWl!..
NOW THERIDFORIE HE IT RiE-
SOL¥ED BY THE CITY OOUINCIL
OF THE CITY OF DlmUQUE,
IOWA:
That the OJIfiJciai Bud'!:et Report
of the City of DulJuque for Mu-
nicipal Streets snd Parlring for
the year beginning January 1,
1973 and ending December 31, 1973,
be and the same is berelby a<p-
proved.
P"...ed, lI'dopted and approved
tbis 4th day of December 1972.
Wayne A. Moldenbauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. -1'1 JuStmann
Joseph J. Bitter
Cou,",ilmen
Attest:
Leo F. Frommelt
Ciity Clerk
Councilman Pregler moved adop-
Hon of the resolution. Seconded
by Councilman Bitter. Carried by
the fø\1owing vote:
Yea" - Mayor Mo1òeDbauer,
Councilmen Bitter, Justmann
l'reg\er, Tboms.
Na~one.
Proof of Publication, certified to
by the Publisher, of notice II> con.
tractors of tbe ....,eipt of proposals
for the construction of Asbury PaT!<
Subdivision Ssnitary sewer 197'1
presented and read. Coundim"n
Pregler moved tbll't the proof of
publication be ....,eived and flied.
Seconded by Councilman Thoms.
Carried by tbe foHowing vote:
Yeas - M'ayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
December
To the Honorable Mayor
and City Council
persuant to your instructions,
.... -...-..' were r~ un-
til 10:00 .-.m., Friday December
1, 1972 for the Asbury Park Sub-
dlvisiœ Sanitary Seiwer - 1972.
The lowest bid -was entered by
Tsc.biØ£rie Euœ""ating of Dubu-
que, Iowa. Their bid was 3.1%
under Engineer's estimate.
I recommend that the contract
for this improvement be awarded
1, 19121
-~.~ .
to -the Tschigllfrie Exea'l'ating Com-
pany.
Gilbert D. Ch""enelle
City Manager
Councilman Pregler moved 81 >-
proval of tbe recommendation. Se-
conded by Councilman Thoms. Ca<-
ried -by the fo]¡ owing vote:
Yeas - Mayor Moldenhauer,
Counciime,n Bit t e r, Justmann,
PregJer, Thoms.
Nays - None.
(Awarding Contract)
RESOLU"ION NO. 376-72
WlllEREiAS, sealed proposals
ha,ve been submitted by «>Dtrac-
tors for the AslJur>y !'I:>rk Subdi.
vision Santit~ Sewer - 1972 pur-
suant to Resolution No. 35H2 and
notice to bidders published in a
newspaper publiobed in said City
on NOvember 15, 1912 and Novem-
ber 22, 1972, alld
WHERlEiAS, said seaIed prop<>-
sa,ls were opened and read on De.
cember 1, 1972, and it h"" been
determined that the bid of Tscbigg-
frie EJOCa"ating of Dubuque, Iowa
in the wmount of $11,325.J10 was
the lowest 'bid for tbe furnishing
of all labor and materia'is and
performing the work as provided
for in tbe >laos and speeHic3tions;
now therefore,
HE ID' RESOLVED by tbe City
COOIlcn of tbe City of DUbuque
that the contract for the above
mentioned improvement he award-
ed to Tscbiggfrfe Exc""ating and
the Ma..a-ger be and be is bereby
directed to execute a contrad on
behalf of the City of Dubuque for
the complete perfurmance of said
work.
BE 1'1: FURTHER RESOLVED,
that upon the signing of said con-
tra-ct and the approvai oi the con-
tractors bond the Ci(¡y Treasurer
Is authorized and Ùlstrncted to re-
turn the bid deposits of the Wl-
suc,ceSSfuI bidders.
Passed and adopted tbis 4th day
of December, 1912.
W_A. KoIIdCBbauer
Mayor
Waiter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J, Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Regular Session, December 4, 1972
559
Counc.ï1man Pregler moved adop-
tion of the resolooœ. Se~ded
by Councilman Thoms. Carried by
the following vote:
Yeas -Mayor Moldenhauer,
Councilmen B H t e r, Justmann,
Pregler, Thoms.
Nays - None.
Proof of Publication, certified to
by the Publisher, of Notice to bid-
ders in beba1f of Dubuque County,
Dubuque Community School Dis-
tricts of Dubuque and Jackson
Counties and the City of Dubuque,
for the joint purchasing of gaso-
line, Diesel Fuel, Heating 0 i i.
Various lubricants, Light and hea-
vy duty tires, presented and read
Councilman Pregler moved that
the proof of publication be r e
ceived and filed. Seconded by Ma-
yor Moldenhauer. Carried by th
following vote:
Yeas - Mayor Moldenhauer,
Cou""ilmen B! t te r, Justmann,
Pregler, Thoms.
Nays - None.
Proof of Publication, certified,
by the Puhlisber, for invitation for
bids for .. three yea,r lease of
the former City Garage Buiiding
at the corner of 14th & Elm Street
and descr.ibedas the W.65' of
Lot 2J2 and Lot 213 and Lots 190
and 191 of East Dulmque Addn.
in the City of Dubuque, present-
ed and read.
Mayor Moldenhauer moved that
the proof of publication be r e-
ceived and filed. Seconded by
Councilman Pregler. Carried by
the foliowing vote:
Yeas - Mayor Moldenhauer.
CouncIlmen Bi tt e r, Justmann.
Pregler, Thoms.
Nays-None.
Two bids were received one fro!'
Louis Mibalakis of Dubuque Dis-
posal Co. and one from Lyle
Whalen.
Councilman Pregler moved that
the bids be bedd in abeyance for
thirty days, subject to City Mana-
ger's ..rt. Seconded by Council.
man Thoms. CarrlMby the fo-
lowing vote:
Yeas - Mayor Moidenhaue,-
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Na-ys - None.
RESOLUTION NO. 377-72
WHEREiAS, applications for Beer
permits have been submitted to
this Councl for aproval and the
same have been examined; NOW
THE'RJEFORE
BE IT RiEsOLWID by the City
Coun~il of the City oi Duboque,
Iowa, that the following applica.
tions be granted and permits is-
sued upon tbe compliance with the
terms of the ordinances of the
City.
CLASS "C" BEER PERMIT
Wiiliam John Lynn, 424 West Lo-
cust Street
Osco Drug, Inc., 703 Main Street
Lucky Stores, Inc., 200 S. Locust
Street
Passed, adopted and ..pproved
this 4th day of December, 1972.
Wayne A. Moidenhauer
Mayor
Walltel' A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
Oity Cieri<
Counciiman Pregler moved adop-
tion of the resoJution. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas - Mayor Moidenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays-None.
RESOLUTION NO. 378-72
WiHER:E'AS, applications for Beer
permits were filed by the within
named applicants and they have
received the al'proval of tbis Coun
cil; and
WiHEREiAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the ordinances of this City and
they have filed proper bon<l9;
NOW 'I1HEiREFOIRE BE IT RE-
SOIJVEID by the City Council of
tbe City of Dubuque, Iowa, that
the Manager be authorized to cause
to be ¡",ued to the foN\>wing named
applicants a Beer permit.
~ "J;;" BE,E.JI, PE,RMIT
WIllI.åm John Lynn, 4a4 W<!St L0-
cust Sitreet
Osco Drug, Inc., 700 Main S1;ree!t
Lucky Stores, Inc.,200 S. Locust
Street
BE IT FUJ1II'HER RE'SOLVE[)
that the bonds filed by sue!> appli-
cants be and the same are hereby
approved.
!
500
Regular Session, December 4, 1972
Passed, adopted and approved
this 4th day of December, 1!172.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thams
C. Itobert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Se<:onded
by Counciœm'an Bitter. Carried by
the following vote:
Yeas - Mayor Moldenhauer,
C<>uncilmen Bit t e r, Justmann,
Pregier, Thoms.
Nays - None.
ItESOLUT,ION NO. 379-72
WHERE<AS, applicwtions for Li-
quor licenses hlllVe been submitted
to this Council for approva'i and
the same h."e been examined,
NOW 'l1HEREFORE BE LT RE-
OOIJV.ED by the Oty Coonc11 of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and licenses issued upon the
compliance with the terms of the
IOWA DIQUOR CONTROL ACT-
OHAiP'l1ER 1ß¡1-a'S amended by the
64tb Generai AJssembly, 197'l.
CLASS "C" (COMMERC'IAL)
BEEIR & LIQUOR LICENSE
Beverly A. G~, 112l University
.wen""
Shirley Mihalakis, 574 East 161i1
Street
Benev>olent '" Protecti"e Order of
Elks, #'lJ11 7th & Locust Street
Gerald E. M1ller, Jr., M17 Rham-
berg Aivenue
Lorr.,;,ne Gordon, 23ØT Central .we-
nue
P...aed, adopted and apprwed
this 4th day of December, 1M2.
Wayne A. Moldenbauer
Mayor
Walter A. Pregler
AIla1 T. Thoms
C. Robert Justmann
Josepb J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Olerk
(JounIOilman Pregler moved adop-
tion of the resolution. Seconded
by Councllman Bitter. Oarrlecl by
the foUowin-g vote:
Yeas - M,syor Moldenhauer,
Council.men Bit t e r, Justmann,
Pregler, Thoms.
Nay-s - None.
RESOLUTiON NO. 380-72
MIERJEAS, applications for Li.
quor licenses were filed by the
witJiin named applicants md they
have received the a'pprovai of this
Council, and
WlHEiß;EAS, the premises to be
occupied by such a,pplieants were
iwspected and found to comply witb
the State Lww and all City or.
dinances relC!\'ant thereto and they
ha",e filed proper bonds,
NOW 'l1HEREFORE BE l'1' RE-
SOLVED 'by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to tJhe following JWIJIled appJolcaDts
a Liquor license.
CLASS "C" (COMMERCIM.)
BEE'R & LIQUOR LICENSE
Beverly A. Glynn, 1!121 University
Avenue
Shirley Miha,lairis, 514 EII'St 16tb
Street
Benev>olent & Proteetirve Order of
Elks #2!¥1, 7th & Locust Street
Gera-ld E. Miller, Jr., M17 Rhom-
berg Avenue
Lorraine Gordon, = Centrd Ave-
nue
Passed, adopted and approved
tbis 4th day of December, 1972.
Wayne A. Moldenhauer
Mayor
WaJ4er A. Pregler
Allan T. Thoms
C. RObert Jus'tmaun
Joseph J. Bitter
Cœncilmen
Attest:
Leo F. Fromme1t
City Clerk
Councilman Pregler moved adop-
tion of the resoluöon. Seeanded
by Councilman Bitter. Carried by
tbe following vote:
Yeas - Mayor Moldenhauer,
Oo~ ' IU t te r, J\IItmSIIII,
Pregler, '!boms.
Nays - None.
RESOLUTION NO. 381-72
WHERE<AS, applications for Li-
quor licenses ba,ve bee submitted
to this Council for a'Ppru..al and
the same ha..e been examined,
NOW 'l1HEREFORE BE IT RÆ-
SOlNED by the City C<>uncil of
Regular Session, December 4, 1972 561
the Oity of Dubuque, Iowa, that P8$sed, adopted and apprwed
the following applications be gl'mt- this 4tb day of Deœmber, 1972.
ed a,nd licenses issued upon the Allan T. Tham,s
compäaOlCe with the terms of the C. RObert Justmann
IOWA DIQUOR CON1l'ROL ACT- Joseph J. Bitter
CHkPŒER 1M-as "",ended by the C<>unc11men
64th General AJssembly, 197a. Attest:
CLASS "C" (COMME'RCIAL) Leo F. Frommelt
BEER & LIQUOR LICE-NSE CIty Clerk
Clara L. Joboson, 1¡j4g Centrai Ave- Councllma,n Pregler moved that
nue tbe license not be renewed. Se.
Pa-ssed, adopted and approved conded by Mayor Moldenhauer.
this 4tb day of December, 1972. Vote was as follows:
Mlan T. Thoms Yeas - Mayor Moldenhauer,
C. Robert Justmann Councilman Pregler.
Joseph J. Bitter Nays - Councilmen Bitter, Just-
Councilmen mann, Thoms. MarION FMLED.
Attest: Councilman Bitter moved that
Leo F. FrommeJt the license be renewed Seconded
City Clerk by Councilman Justm";". Carried
by tIh.e following vote:
Yeas - Councilmen Bitter, Just-
mann, Thoms.
Nays - Mayor Moldenhauer,
Councilman Pregler.
Communication of League of Wo-
men Vobers being in fa<vor of a
freew&y concept and it is impera"
tive that the Council ad now in
a positive way to support the pro-
posai, presented and read. Council-
man Justmaoo moved thwt the
communication be received and
filed. Seconded by Councilman
Preg1.er. Camed by tJhe following
vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmaoo,
Pregler, Thoms.
Nays - None.
Council recessed at 10:13 P.M.
reconvened at 10:20 P.M. Mrs.
Duane Mortensen, Attorney Leo
M,CCarthy, Frank Bertsclh, Attor-
ney Tom McKay, Pete HoIIlis, Ma.
nager of Kennedy Mall, and Frank
Miller a,]f addressed the Council
ina positive way as to the Coun-
cil going on record wilil the State
as to at least {a;voring the concept
of a Freeway, and assuming that
the corridor route can be establish-
ed at s later date. It w8'S firmly
stressed tbat the Oity is in dire
need of a new bridge and the
Council should be tbinking of pos-
sible emergency bridge fonds from
the State. Frank MiJIler a g s- ¡ n
stressed the displacing of 1766 pe0-
ple. The social Impact is great.
Attorney McKay thought it wi..
to act now in Jigbt of tJhe fact
Councilman Pregler moved that
the application be denied. Se<:ond-
ed by Mayor Moldenhauer. Vote
was as follows:
Yeas - Mayor Moldenhaoor,
Council.man Pregler.
Nays - Councilmen Bitter, Just-
mann, Thoms. MOTæON FAilLED.
Clara Jobnson a-ppeared before
the Council in defense of her li.
cense. Councilman Bitter moved
that the application be considered.
Seconded by Councilman Justmann.
Carried by the following vote:
Yeas - Councilmen Bitter, Just.
mann, Thoms.
Nays - M,ayor Moldenhauer,
C<>uncilman Pregler.
RESOLUTION NO. 382-72
WHEREJAS, applications for Li-
quor licenses were filed by the
within named applicants a-nd tbey
nave recei"ed tbe approval of tbis
Council, and
WHEREJAS, the premises to be
occupied by such appJicants were
inspected and found to comply with
the State Law and all City ordi-
nances relevant thereto and they
bave filed proper bonds,
NOW~BiEl'1'RE-
SOLVED by tJhe City Council of
Dubuque, Iowa, that the Mana'ger
be authorized to cause to be issued
to the following named applicants
a Liquor license.
CLASS "C" (COMMERCIAL) I
BE,EiR & LIQUOR LICENSE
Clara L. Joboson, 1543 Central I;ve-
nue
562
Regular Session, December 4, 1972
Special Session, December 11, 1972
563
CITY COUNCIL
that two commissioners on the
State Higbway commission will not
be reappointed and .-0 our own
city election in 1973. Councllman
Thoms moved as being in favor
of tbe concept of tbe Freeway.
Seconded by Councilman J u . t- I
mann. Carried by the following
vote:
Yeas - Mayor Moldenbau"",,
Councilmen Bit t e r, J,ustmann,
Pregler, Thoms.
Nays - None.
'I'bere being no further busin...
Councilman Pregler moved to ad-
journ. Seconded by Oouncilm-an
Tiloms. Carried by the fol1<>rMing
vote:
Yeas - Mayor Moldenbauer,
Councilmen Bit t e r, Justmwnn,
Pregler, Thoms.
Nays-None.
Leo F. F'rommelt
City Clerk
OF,F,ICIAL
Special _Ion,o.c."""r 1'1,
1972.
Council met.t 7:30 P.M. (C.5.T.)
P~ - M.yor Melclenhanor,
Councilmen Bit t . r. Juotm.nn,
Pregler, Thoms- City Manager GiI-
- D. ChavenelJe.
Mayor M<Jidenbauer rewd the eall
aDd slated that sfr'-'ice Ulereaf had
been duly made and tbis meeting
is called for the purpose of con-
si<lering odopMon of . resolution
_roYing sole of Lot 1 of 1 of
1 of 1 of Block 6 Riverfront Sub.
#3 to Key City PI-oting Co., and
acting upon sucl1 other business
æs may properly come before a
regwar meeting of the Council..
December 7, 197~
The H<>norable Mayor and
City Conneil
'l1bis notice has not been com.
piled with and I re'commend to
the City CounClil that the provisions
of Ordinance No. 35-52 be enforced
and that the owner of said build-
ing known as 1210 Dodge Street
and located on Lot 1 of 1 of 2,
Byrnes SubdWision, CIty of Dubu-
que, Iowa, be required to disman1ll£
said building and clean up the
premises.
Gübert D. Oba..-lIe
City M""a'ger
Councilman Justmann mwed ap-
prova'l of the recommendation and
set a public bearing on January
2, um and the OIerk be instructed
to publish ""tice. Seconded by
Councilman Pregler. Carried by
the following vote:
Yea-s - Mayor Moldrohauet',
Councilmen Bitt e r, Justmana,
Pregter, Thoms.
Nays - None.
Approved ....................................1973
Adopted ......................................1973
............................................................
............................................................
............................................................
""""""""""'ë~;;;;~¡¡':;;;~"""-""""'"
Attest: ""'(:iïÿ"ci~;k"""""""""""'"
NOvember 13, 197~
~. .J."~,' ,W.eopiœ
:!!III ~rdIfr Slieet
I have persona[1y inspected tbe
building known as 1210 Dodge
Street, Dubuque, Iowa and located
on a lot legdly known as Sub-
divtision 1 of 2, Byrnes Subdivision
1, Clty of Dulbuque, Iowa' and tbe
conditions a's they ba,ve been re.
ported to me by the Building Com-
.
,
missioner, Fire Cbief and tbe Hous-
ing Inspector are substantiaily cor-
rect. A copy of whose report is
bereto attaehed and by reference
made a- part hereof.
Aicœrding to City Ordins"". No.
35-52, you are hereby given ten
(,10) days to diismantle and clean.
up the premises.
Gilbert D. ChaveneRe
City Manager
Nowmber IS, 197~
Mr. Gilbert D. Cha,veneiŒe
On June 30, 1m an inspection
was made by tbe City of Dubuque
H<>using Department of a two st<>-
ry, singte family, frame residence
building, known as 1210 Do d g e
Street, Dubuque, Iowa'.
The interior and exterior of this
struc1ure is in a very dilapidated
condü.ion, is now vacated and is
unfit for human occupancy.
The conditions that.... present
after definite fire basa'rd, .. breed-
ing place for rats, an attractive
nuisance for children and a detri-
mem to this area.
We recommend that immediate
steps be taken to rectify tbis con-
dition.
1'he building is located on a lot
!ega-¡ay known as Subdivision 1 of
2, Byrnes Subd1ivision 1, City of
Dobuque, Iowa' and is owned by
Mr. J"mes W. Collins, 285 Cardiff
Street, Dubuque, Iowa 52001.
Donald J. Bandy
Building Commissioner
Robert N. Dunphy
Fire Chief
Harold F. Zimmerman
Housing I_tor
December 7, 1972
To the Honora'ble Mayor and
City Council
This notice has not been com-
plied with and I recommend to
the City Council that the provisions
of Ordinance No. 35-52 be enforced
and that the owner of said build-
ing known as 1208 Dodge Street
and located O" Lot 2 of 1 nf 2,
B~s Subdivision, City al Du-
buque, Iowa, be required to dis.
mantle said building and clean up
tbe premises~
GJibert D. Cba"enelle
City Manager
Councllman Justmann moved ap.
prova'i of the re'commendation and
set a public bearing on January
564 Special Session, December 11, 1972
2, 1973 and the Clerk be instruct- Councilman Pregler mOftd that
ed to publish notice. Seconded by .the rules be suspended in order
Coundlm"n Pregler. Camed by to let anyone present address the
the following vote: Council if they so desire. Second-
Yeaß - Mayar Moldenhauer, ed by Mayor Maldenhauer. Ca~-
CoonClilmen B i ~ t e r, Justmann, ried by the fallowing vote:
Pregler, Thoms. Yeaß - Mayor Moldenhauer,
Na-ys - Noo.e. Councnmen Bit t e r, Justmann,
. Nu..ember 13, 1972 ~~....' -~:::.~.
Mr. MarvlD Kahle y
93 Cambridge Court M~. Paul Zim-merman of the
I ba"e persona'lly inspected the Building Department addressed the
building known as 1208 Dodge Council relati~ to the delapidated
Street, Dubuque, Iowa and Jocated buildings at 1008 aDd 1210 Dndge
on a lot leg&lly known as Sub- St.
division 1 of 2, By¡rnes Subdivision Oonimuœcationof Ci4y Manaìger
2, City of Dubuque, Iowa and the recommending denial of pet1qon
conditions aß they bl",e .been re- of John Y. M!>!hm for an ea.....
p<>,rted ta Ill': by ~ Bui1dmg Com- ment for 8' driveway ta J..át-, 2
!"ISØ1oner, fil'e Cbief aM ~he Hous- Eagle Point' View on Ea,gle Point
mg Inspector are substantIally cor- Dn..e (forwud from meeting of
recto A copy of whose report is N"",,';'her 27th) presented and
hereto attacl1ed and by refer_e read
made a part hereof. .
According to City OrdinaßCe Na. . Attorney A: V~Etlen pJeaded
35-52, yoo are hereby given ten m beba]¡f of- his client. Mr. Meeh;an
(,10) days to dism'antle and clean- for a'n eqmt.able "."luti~. The CIty
p the premises M'anager VOICed bis OpiUlon by stat-
u Gilbellt . D. Cba"enelJe ing that the best way wo~ b,e
City Mana,ger to make a swap ~ lots, and ISSue
a revocable permIt. Mayor Mol.
November 15, 1972 denhauer moved that the matter
Mr. Gilbert D. Chavenelle be referred to the City Ma.na.ger
City Mana'ger and City Solicitor to negotiate
On JuJ>e 30, 1972 an inspection sharing costs of declaratory judg-
was made by the City of Dubuque ment. Seconded bY Counciiman
Housing Department of a- two stD- Pregler. Ca1'ri>ed by the folilowing
ry, single family, frame residence vote:
building, known as 1208 Dodge Yeas- Mayor Molden'haner,
Street, Dubuque, Iowa. Councilmen Pregler, Thomo.
The interior and enerior of this NIa,ys - Councilmen Bi.tter Just-
structure is in I> "",y dilapidated mann. '
condition, is now vacated and is
unftt for buman oocupancy.
The conditions that a~e present
after definite fire hazard, a breed-
ing place for 'rats, an attractive
nuisance for cbildren and a detri-
ment to tbis area.
w.. recommend that Immediate
steps be taken to rectify tbis con-
dition.
The building is Jocated on 8' lot
legally known as Subdivision 1 of
Z, Byme8 SuiIdMIIon 2, CIty of
Duibuque Iowa and is owned by
Mr. Ma..;,u, Kable, 93 Cambridge
Court Dubuque, Iowa 52OOl.
, Donald J. Bandy
Building' Commlsllioner
Rohert N. Dunphy
Fire Chief
Harold F. Zimmerman
Housing Inspector
Special Session, December 11, 1972
m;",sion of the resolu11ion, I request
your approval of tbis plan.
Gilbert D. Cba..ooeile
City Mana,ger
Councilman Thoms moV'ed that
the request be referred to the Den
meeting as some other CPA firms
may be interested in puttJing in
a bid for the work. Seconded by
Mayor Moldenhauer. Carried by
the follawing vote:
Yeas - Mayar Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - Nane.
Akoholism Information Center
submitting an estimated budget for
197'3 to cover the Tri.()ounty Area,
which includes Dubuque, Delawa-re
and Jadoson Counties, showing a
tota'l estJImated income of $125,3011,
and an estimated expenditure of
$131,1418, presented and read.
Mr. Allen J. Gollrley, Director
Mrs. Edna ThompS6n and Mr. Jim
Platt aJil spoke in fa-var of the
budget. Mayor Moldenhauer moved
bhat the budget be received and
flied aM the Manager be insiurct-
ed to set up a- foUow.up session.
Seconded by Councilman Jus t-
mann. Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Councllmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - Nane.
Communication of Mayor Mal-
denhauer submitting his Mayor's
weekly report dated December 10,
1972, presented for filing. Councii-
ma-n P-regler moved that the com-
munication be received and flied.
Seconded by Councilman Thoms.
Carried by the following vote:
Yea-s - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
December 5, 1972
Hanorable Mayor
and City Council
OnN0Y6mber 1, 19'II!, Robert
W. Fortmann of 183 Kaufmann
Avenue, this city, J!iled claim
a,gainst tbe City of Dubuque in
tbe amount of $75.00 and alleging
said damages occurred to bis base-
ment on October 20, 1972 as tbe
result of a sewer back up. I
This matter was referred to the I
appropriate City Agency who made
December 7, 1972
1'0 bhe Honor8!ble Mayor
and City Council
In order to plan for the annual
City of Dubuque fiscal audit for
the y€la,r 197,2, I intl!J1d to employ
the 0P1A fi1'lll, O'Connor, Brooks
and Company to audit the Water,
Parking Facilities and Sewa'ge
Rental Funds and to request Uoyd
~~.mSrn:- o~ ~~~;'a:
city.
This is the same &rr<angement
used for the audit of the 19'/11
records.
Sbori.ly after the first of 1Jbie year
I w:IJJ ask your C()nsUieration of
the attached resolution. Since the
auditing must begin before the sub-
565
an in-vestigation thereof a-nd report.
ed to tbis office by written report
of no liability on the part of ~he
City of Dubuque, and in view of
the foregaing, it is the recommen-
dation of the City Attorney that
the c~aim of Robert W. Fortmann
be denied.
Original Claim is returned here-
with.
R. N. Russo
CIty Attorney
Councilman Bitter moved appro-
val of the recommendation. Se-
conded by Councilman Pregler.
Carried hy the following vote:
Yeaß - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann.
Pregler, Tboms.
Nays - None.
December 1, 1972
Honorable Ma"",
and City Council
On October 30, 1972, Carol Mays
filed claim a'g-ainst the City of
Dubuque, Iowa- in the approximate
amount of $20.00 and alleging said
damSiges occurred on August 11,
1972 aß the result of striking a
hole in the street in front of her
residence wi 700 Harva~d Street
causing ,,- cut in her tire.
This matter was referred to the
City Mtorney who has made an
investigation thereof and examined
tbe site and conferred wnh the
Street Commissioner and finds no
actionable negJigence on tbe part
of the City, and it is therefore
the recommendation of the City
Attorney that the claim of Carol
Mays be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Bitter moved appro.
val of the recommendation. Se-
conded by Councilman Pregler.
Carried by the following vote:
Yeas - May 0 r Moidenhauer,
Councilmen Bit t e r, Justmann,
Pr9gler, Thoms.
Nays - None.
Notice of claim of Mrs. George
E. Robey, in tbe amou!1t of $39.50,
for medical expense incurred as
the result of a &1il at 1128 S.
Grand,,;ew Ave. on October 9, 1972,
presented and read. Councilman
Bitter moved that the notice of
claim be referred to the City So-
566
Special Session, December 11, 1972
iio:t.or for proper adion. Seconded
by Councilmm Pregler. Camed
by the following vote:
Ye... - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregier, Thoms.
Nays - None.
Notices from District Court by
Town of Asbury requesting a per-
petuaI right of way and easement
over certain described real estate Mayor Moldenhauer m()ved that
by condemnation for the purpose a puJbJiic hearing be held on the
of constructing and malntain;ng a Ord>inance on Janua<y 2, Un¡¡ at
sa-nitsory sewer system "n in Sec. 7:30 o'clock P.M. in the Councll
tion 20 T. 89 N. 2 E 5 P. M., Chamber at the City Hall and the
presented and read. Councllman Clty Clerk be instructed to pub.
Bitter moved that the notices -be lish notice of said hearing in the
refel'red to the City Solicttor. s... manner required by law. Seconded
conded by Councilman Pregler. by Councilman Pregler. CMTied
Carried by the foRowing vote: by the following vote:
Yeas - Mayor Moldenhauer, Yea. - Mayor Moldenhauer,
Councilmen B ¡ t t e r, Justm"nn, Councilmen Bit t e r, Justmann,
Pregler, 'l1ooms. Pregler, Thoms.
Nays - None. Nays - None.
NOtice of claim of Mrs. Laverne ORDI-NANCE NO- 65-72
P. Ca,rr, in an undetermined An ordinance am_ng Ordinance
a-mount, for personaI injuries re- No. 3-34 known as the "Zoning
ceived in a fall on a defective Map and Zoning Ordinance of the
sidewaIk on November 29, 1972, City of Dubuque, Iowa" by amend-
at 574 Loras. Blvd., p~esented and ing Article IV, Sedion 2 (h) thereof
read. Counciiman mtter moved to include certain described real
that the notice of claim be re- estate in which professional offiCK
fe.red to . the City Solicitor fur or studios of a physician, dentist,
proper action. Seconded by Coun- orchltect engineer lawy.. real.
cjl[man Pregler. Carried by the tor insu;ance musician or ~imilor
following vote: pro'fesslons ';'ay be 'permitted,
Ye.. - Mayor Moldenhauer, (Finley Hospital),
Councilmen Bit t e r, Justmann, presented and read.
Pregler, Thoms. Mayor Moldenhauer moved that
Nays - N<>ne. the read;ng just had be consider-
ORiDINANCE NO. 64-72 ed the first reading of the Ordi-
. . I nance. Seconded by Councllman
.An ordl~ance amendIng and chang- Pregler. Carried by the following
,ng OrdInance No. 3-34 known as vote'
the "Zoning Map and Zoning Or-, Y~a-s - Ma'yor Moldenhauer,
dina, nce of the City of Dubuq~, I Counc, ilmen Bit t e r Justmann
Iowa" so as to change certain "
property hereinafter described Pregler, Thoms.
f....... "T- FemUy Residence Dls-I Nay," - None.
trict" classification to "Mulitiple Mayor Moldenhauer moved that
Residence Distric,t" classification, the ruIe requiring an Ordinance
(Finley Hospital). I to he read on three sepa.ate da~s
presented and read. I be waived. Seconded by ÇOuncll-
Mayor Moldenbåuer mov~'tÌlat m~ 'Pregler. Carried by - tile fol-
the read;ng just bad be considered lowmg vote:
the first reading of the Ordinance. Yea'~ - M~yor Moldenhauer,
Seconded by Councilman Pregler. Councllimen B 1 t t e r, Justma'nn,
Carried by the foIilowing vote: Pregler, Thoms.
Yeas - Mayor Moldenhauer, Nays - None.
Councilmen Bitter, Justmann, Ma~or Moldenhauer moved thaJ!
Pregler, Thoms. a pubJiic hewring be held on the
Nays - None. Ordinance on Januaory 2, 1973, at
Mayor Moldenhauer moved that
the rule requiring an Ordinance
to be read on three sepa,rate da'ys
be wa;ved. Seconded by Council-
man Pregler. Carried by the fol-
inwing vote:
Yeas - Mayor Moldenhauer.
Councilmen Bitter, Justmann,
Pregler, Tbom..
Na~s - None.
Special Session, December 11, 1972
567
7:30 o'clock P.M. in the Connell
Chamber at the City Han and the
City Clerk be instructed to publish
notice of said bearing in the man-
ner required by laJW. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, 'l1homs.
Nays - None.
Petition of Arsenius A. Hanson,
in the amount of $225 for refund
on the unexpired portion of Cl...s
B Beer License No. 2958, as he
ha's discontinued business on 12-4-
72, presented and read. Counell-
man Pregler moved that the re-
fund be granted and the Auditor
instructed to issue proper warrant.
Seconded by Councllman Bitter.
Carried by the following vote:
Yeas - Mayor Moidenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Na-ys - None. .
pe, tition of Arsenius A. Hanson, I
in the amount of $50, for refund
on unexpired portion of cigaretJte
lic,ense No. Nil, as be ha's discon-
tinued business on 12-4-7,2, present-
ed and read. Councilman Pregler
moved that the refund be granted
and the Æuditor instructed to issue
proper wa-rrant. Seconded by Coun.
cllman Bitter. Carried by tbe fOl.
lowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Na~s - None.
Petition of DonaId P. Shanley,
in tbe amount of $211.25, for re-
fund on the unexpired portion of
Liquor License No. C-2O16, a. he
has discontinued business on No-
vemher 12, 1972, presented and
read. Councilman Pregler moved
1baJ! tbe refund be granted and
the Auditor instructed to issue pro-
per warrant. Seconded by Councll-
man Bitter. Carried by the follow-
~e~~-¡¡Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Petition of H,R.W. Associates re-
questing rezoning of Lot A of Block
22 in Key Knolls Sub. from pre-
sent Multiple Residence District
to Loc..l Business" A", presented
and read. Councilman Pregler
m()ved that the petition be referred
to the Planning & Zoning Com-
mission. Seconded by Mayor Mol-
denhauer. Carried by the follow-
ing vote:
Yea-s - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Petition of The Wia11is Company
I requesting a resolution eliminat-
ing a five foot wide easement in
Lots 9 and 10 in Olinque Inc. No.
2 Addn. all public utilities in'Volved
are in agreement and have signed
plat, presented and read. Council-
man Pregler moved tbat tbe pe-
tition and plat be referred to the
PIanning & Zoning Commission. Se-
conded by Mayor Moldenhauer.
Carried by tbe following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Proof of Pu¡'¡ication, certified to
by Publisher, of Invitation for Pro-
posals for the purchase of Urban
Renewal property in the block be-
tween 4th and 5th and Iowa and
Central, 3,'761.9 square feet, pre-
sented and read.
No written objections were fNed
and no orat objectors were present
at the time set for tbe public
hearing. Mayor Moldenhauer mov-
ed that the pro<>f of publication
be received and fNed. Seconded
by Conncllman Pregler. Carried
by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
RESOLUTION NO. 383-72
Authorizing tho execution of a con-
tr- for sale of land for private
redevelopment with Canfield Hotel,
Inc.
WHEREAS, under date of August
4, 1969, the City Council of the
City of Dubuque aJpproved ad au-
thorized tbe receiving of proposals
for the sate and redevelopment
of certa,in parcels of real estate
in tbe Downtown Urban Renewal
Project, Iowa RJJ.5; and
WH'ERIE>\S, under date of Sep-
tember 15, 1969, in response to
said offering, a- proposal for the
purchase and redevel()pmeot of a
568
Special Session, December 11, 1972
Special Session, December 11, 1972
569
portion of the project land was
received from Canfield Hotel, Inc;
and
WHEiR'EAS, under <late of March
19, 1970, Canfield Hotel, Inc. with.
drew their said propos ad and on
April 13, 1970, was fully refunded
all monies paid towards the pur-
cbaseprice of said project land;
and
WHmEAJS, under date of July
19, 1972, Canfield Hotel, Inc. re-
sUlbmitted a proposal for the pur-
chase and redevelopment of a por-
tion of the project land; and
WHEREAS, under date of August
7, 1971!, the City Council of the
City of Dubuque adopted Resalll-
lion 243.'/2 declaring their intent
to dispose of after a' public hear-
ing of the said la,nd as herein-
after described to Canfield Hotel,
lnc; and
WlHiEREAS, pursuant to said Re-
solution No. :!43-72 and a Notice
of Public Hearin,g published in tbe
Telegraph-Herold, a newspaper of
general ,circulation in the City of
Dubuque, Iowa, on August 10, 1972
and August 17, 1972, City Councii
met on the :llth day of Septem-
ber, 1972 at 7:30 o'clock P.M. Cen-
trad Daylight 11Ime, in the City
Council Chambers, City Hall, Du-
buque, lDwa, to consider the pro-
posad to dispose of the interest
of the City of Dubuque to Parcel
3 and the Southerly 65 feet of
P,arcel 1 of Block 1 of the Down-
town Urban Renewa-l Project, Pro.
ject No. Iowa R-15, legally de-
scribed ... Lot 1 of Block 7, Lot
4 of Block 6 and the Soutberly
65 feet of Lot ,1 of Block 6, all
in Dubuque Downtown Plaza to
Canfield Hotel, Inc; and
WHERiEAS, pursuant to said
Resolution No. :!43-72 a' copy of
the Redeveloper's Statement for
Pwblic Disclosure and a copy of
the proposed form of Contraet for
Sa-Ie of Land for Private Rede-
velopment was placed on file in
the oftice of the City Clerk for
public inspection: and
\'mJ!)~1!IAS ; the Olty eo1lltCil of
the City of Dulbuque at said meet-
ing of September 11, 1972 over-
ruled any and all objections, oral
and \Witten, to the propoeal to
dispose of said interest of the CIty
of Dubuque in the a-buve described
real estate to Canfield Hotel, Inc.
sul>jeet to the concurrence of the
United Staets Department of Hous-
ing a,nd Development; and
WHE'R>EiAS, pursuant to the re-
quest of the United States De-
psntment of Housing and l><welop-
ment, the City Council of the City
of Dubuque under date of Novem-
ber 6, 1972, adopted Resolution 340-
72 authorizing the readvertising of
the land hereinbefore described un-
der the fised-price competition me-
thod; and
WŒlIEREAS, pursuant to an In-
vitation for ProposMS for the sMe
and red""elopment of said land
published in the sa-id Telegraph..
Herold on November 9, 1972 and
November 16, 1972, Jro further pro-
posals were received; and
W!lmREAS, under da,te of De-
cember 8, 1972, Canfield Hotel, Inc.
reaffirmed its proposad of July 19,
197'2 for the purchase and rede-
velopment of a portion of the pro-
ject land; now therefore
BE Irr RlESOLViED BY TH!E CI-
TY COUNO!IL OF THE CITY OF
DUBUQUE, IOW~:
Section I. That the Mayor and
City O1ðrk be and they are hereby
authorized to enter into a Contra'Ot
for Sale of Land for Private Re-
development in aecordance with
the terma of the Dispoetion Docu.
ments governing such sale witb
CanfieJd Hotel, Inc. for the red
estate known .. Parcel 3 and the
Southerly 65 feet of l'arcel 1 of
Block of the Downtown Urban Re-
newal Project, Project No. Iowa
R.;15, legadly described as Lot 1
of Block 7, Lot 4 of Block 6 and
the SoutherJy 65 feet of Lot 1
of Block 6, all in Dubuque Down-
town Plaza, Dubuque, Iowa, con-
taining 14,088.845 square feet, sub-
ject to survey.
Section 2. That said parcel of
real estate shan be sold for a
total price of $35,006.89 subjeet to
finad survey of the land to he
conveyed.
Passed, approved and adopted
this Uth day of December, 1972.
Wayne A. Jloiden.hauer
Mayor
Wa1ter A. Preg1er
Allan T. Thoms
C. Robert Justmann
Joseph J. BItter
C<>unoi1men
Mayor Moldenhauer moved adQp-
tion of the resolution. Seconded
by Councilman Pregler. Ca<ried
by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmwnn,
Pregler, Thoms.
Nays - None.
RESOLUTION NO. 384-72
WHEREAS, Marjorie D. Reed
has tendered an Qption to pur-
cbaoe to tbe City of Dubuque, Iowa
for the purchare by the City of
Dubuque of certain rea[ estate for
park purposes, a copy of wbich
option is hereto atta-ched; and
WHER.EAS, the City Council of
the Ci~ of Dulbuque bas exam;ned
said option to purchase and ap-
proves the swme;
NOW THEREFORJE BE IT RE-
SOLVÐD BY THE CIrrY COUNCIL
OF THE CITY OF DUBUQUE,
IOW~:
Section I. That the City of Du-
buque, Iowa does hereby agree
to enter into the option to pur-
chase said rea[ estate from Mar- I
jorie D. Reed as described in the
'lPtion to purchase, a copy of wbich
is hereto attached.
Section 2. That the Mayor and
the City Oler:k be and they 114'e
hereby authorized and directed to
execute said option to purchase
for and on beha1i of the City of
Dubuque, Iowa.
P,a""'d, a,pproved and adopted
this 11th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Counciimen
firm of Durrant..r>eininger-Domm-
er-Kramer-Gordon, P.G. in connec-
tion with designing of a J 0 i n t
County..city Law Enforcement Cen.
ter; and
WHEREAS, said arcbitects have
tendered a' standa'rd form of Agree-
ment for execution by the County
of Dubuque and City of Dubuque;
and
WiHERE~, City of Dubuque
finds the same should be a,pproved
and execution thereof authorized.
NOW THEREFORE BE IT RE-
SOINED BY THE CITY OOUNC!IL
OF THE CLTY OF DUBUQUE,
IOWk'\:
Section I. That the Agreement
by and between City of Dubuque
and Dubuque County, Iowa, as
owners, and Durrant-Deininger-
Domnœr-Knamw-Gordon, P.G., as
arcbitects,be and the same is
hereby a¡pproved.
Section 2. That the M'ayor and
the City Clerk be and they are
hereby authorized to execute said
Agreement for md on beha f of
the City of Dubuque, lDwa.
Passed, approved and adGpted
tbis 11th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. ROibert Justmann
Joseph J. Bitter
Councilmen
Attest :
Leo F, Frommelt
City Clerk
Mayor Moldenhauer moved adop-
tion of the resolution. Seconded
by CouncHman Pregler. Carried
hy 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 Gf time
and plaee of hearing, to dio-
of Lot 1 of 1 of 1 of mock 6
Riv'erl'ront Sub. No.3 to Key City
Plating Co. in the amount of
$14,113.44, presented and read.
No written objections were filed
and no orad objectors 'Were pre-
sent in the Council Chamber at
the time set for tbe hearing.
Councilman Pregler moved that
the proof of pubUcation he r e-
Attest:
Leo F. Frommelt
City Clerk
Mayor Moldenhauer moved adop-
tion of the resolution. Seconded
by COW!eIID/.an Pregt.er. Carried
by t1Ie fol1owlng vote:
Yeas - Mayor Moldenhauer,
Councilmen B j t t er, Justmann,
Pregler, Thoms.
Na:yo - None.
,RESOLUTION NO. 385-72
WŒlEREAS, the County of Du-
buque and the City of Dubuque
ha>ve engaged the aTehiteetora¡
Attest:
Leo F. Frommelt
CIty CJerk
570
Special Session, December 11, 1972
ceived and filed. Seconded by Ma- \
yor Moldenbauer. Canied by the
following vote:
Yeas - Mayor Moldenhauer, I
Councilmen B i It e r, Justmann,
Pregler, Thoms.
Nays - None.
RESOLUTION NO, 386-72
WHEREAS, pursuant to Resolu-
tion of publiobed notice of time
and place of bearing pub1!shed in
the Telegraph-Herald, a newspa-
per of general circulation publish-
ed in tbe City of Dubuque, Iowa
on November 22, 1m and Novem-
ber 29, 1972, City Council of CIty
of Dubuque, Iowa, met on the 11th
of Deøom!>er, 1972 at 7:30 o'dock
P.M. (Central Standard Time) in
the CIty Council Cba-mber, City
Hall, Dubuque, Iowa' to consider
the proposal to dispose of interest
of the City of Dubuque, Iowa' to
Lot 1 of Lot 1 of Lot 1 of Block
6 Riverfront Subdivision No.3 in
the City of Dubuque, Iowa coo-
taining 1.612 acres, more or less,
subject to existing easements to
Key CIty Piating Company of Du-
buque, Iowa; and
WlHER'EAJS, City Council of Du-
buque, Iowa overruled any and
all objections, oral or wrlitten, to
the proposal to dispose of inter...
of City of Dubuque, Iowa, in the
above dOlocribed real estate to Key
City Plating Company of Dubuque,
Iowa:
NOW rnEB!E!FORE BE rrr RE-
SOINED BY mE OIrrY COUNlO!iL
OF TIlE CITY OF DUBUQUE,
I:oWA:
Section 1. That tbe disposal of
interest of City of Dubuque, Iowa
in real estate to Key City Plating
Company of Dubuque, Iowa cover-
ing tbe following descrlibed real
estate, to-ri:
Lot 1 of Lot 1 of Lot 1 of Bloc!<
6 Riverfront Subdivision No.3 in
the City of Dubuque, Iowa con-
taining 1.612 acres, mMe or less,
subject; to ex,1oi4ng ea~s
for tbe purchase price of twenty
cents ($.20) per square foot for
a'pproximately 1.62 acres, more or
less, in the total amount of
$14,113.44 be and the same is here-
by approved and tbe Mayor and
Oity Olerk are hereby directed to
execute conveyance on behaIf of
the C;ty of Dubuque, subject to
the following terms and conditions,
to-wit:
A. Tbat said real estate be ""hi
to Key C1ty Plating Company for
the construction thereon of a new
building containing approximately
7,000 square feet.
B. Tbat tbe sale prlice for said
real estate shaM be $.20 per square
foot in tbe total amount of Four-
teen Thousand One Hund~ed TbÍl'-
teen and 44-100 ($14,113.44) Dol-
lars, and the receipt of One 'l'bou-
san d Four Hundred Øeven
($1,411.00) Do1J.ars as down pay-
ment i.o herewith "cknowIIedged by
the City.
C. That construction of said
building shall be commenced witb-
in one (1) year of adoption and
the passa,ge of ~s Resolution and
shall be completed witbin two (2)
years of delivery of deed, and
upon failure so to do by the Key
Oity Plating Company, purehaser,
said real estate shall autom"ti-
cally reverlt to tbe City of Du.
buque, Iowa and purchase price,
less damages, sba1l be refunded
to the purcha'ser.
D. That the construction of all
buildings, yards, parking lots, fen-
ces and ancillary improvements
sbaii be constructed in confor-
mance with existing City codes,
and manufacturing processes car-
ried out in accord with City Or-
dinances.
E. That the Clty of Dubuque,
Iowa retains a p..-petual easement
for existing water-, existing sa-
nitary sewer and storm sewer tines
and for utilities togetber with rigbit
of ingress and egress to replÛr,
inspect and m,ainta.in the same.
F. That ati utilities and services
to proposed buiJdings be connect-
ed at bnyer'5 _use.
Section 2. That tbe City Olerk
be and he is hereby autborized
and directed to deliver deed of
conveyance to K<>,y City Piating
Company upon receipt of the pur-
cbase price of $14,113.44.
Section 3. That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resolution in the of-
fice of the Dubuque County Re-
corder.
Special Session, December 11, 1972
571
lion of the alley have some type
of reJilectorlization; and
WHEREAS it appears that the
gra¡;ting of the permission to Du-
buque Disposal Company to locate
such container at said location
would best serve tbe puNic health
and welfare.
NOW THERiEFORE BE rrr RE-
SOINED BY THE OIrrY Cû.OOON.,
OF THE oI,rrY OF DUBUQUE,
IOWA:
Section 1. That tbe City Manager
be and he is be-reby authorized
to grant permission to locate said
container as requested by Dubuque
Disposal Company and upon suCib
terms and conditions est"blished
by the City Manager and that the
said permitee indemnüy tbe C;ty
of Dubuque against any and all
claims arising out of, or in con-
nection witb, the existence and
maintenance of saM container, or
contadners, same to be spotted
south of the ailey in order to per.
mit ample truck access through
said wiley and said container Slhall
'be located so that the rear of
the container faee the traffic and
that the edge of the container on
the travelled portion of the alley
be reflectorized.
Section 2. Tbat the City Manager,
be and be is hereby forther au-
thorized and empowered to grant
permit to sncb disposal company,
or companies, as desires to locate
disposal containers within alleys
of tbe City of Dubuque, Iowa upon
such terms and conditions as :he
City Manager may direct and Dot
inconsistent with any ordinsnce or
RESOLUTION NO. 387.72 resolution heretofore adopted md
WlHEJRE!AJS Mr. Louis Mibalakis that the City Manager report tb'
of the Dubuq~e Disposal Company location and tbe existence of SUCIl
has requested permission of the containers in the public way, or
City M,anager to plaee a twenty ways, to the Oity Council from
(20) yeard container approximately time to time as said City Council
7WJ<18' to be located in tbe alley may direct.
for forty-two (42) da:¡,s bebind the Section 3. The City Man" ger is
~,JI8iIdiag; andbereby av.tbGrized and direded to
WRERiEAS, said matter II... been grant such permit, or' Permits, as
investigated by the City Manager, herein provided for, upon furniSlh-
togetber witb the police Chief and ing sufficient proof to tbe satisfac-
Ca-ptain Charles Jennaman of the I tion of the 'City Manager that the
Trdic Dtv\IIOD, ...d it appears said permittee bas furnished and
that permiSoSion may be granted delivered indemnifying agreement
to spot such container south of indemnifying and bohling the City
the alley door to Kresge's and ha~mless from any and all ciaims
that the rear of said container a-rising out of or in connection
fI>Ce trafiic and that .be edge of with the IDeation, existence or
the container on tbe traveled por- maintenance of such disposal con-
Pa&Sed, approved and adopted
this 11th day of Decembe,r, 1972.
Wayoe A. Moldenhauer
Mayor
Walter A. Pre~er
AiIlan T. Thoms
C. Robert Justmam>
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
Clty Clerk
Councilman Pregler moved adop-
tion 011 tbe resolution. Seconded
by M,a-yor Moldenhauer. Carried
by the following YOte:
Yeas - Mayor Moldetthauer,
Councilmen Bit t e r, Justmann,
Pregler. Thoms.
Nays - None.
Communication of City Attorney
requesting the Council to authorize
the City Manager to grant pe.r-
mission to Dubuque Disposal Com-
pany to locate a container approxi-
mately 7W x 18' in the alley be-
bind the Kresge building for 42
days, and said permittee indemnIfy
the City against any and ali claims
arising out of said permission and
further that the City Manager be
authorized to issue a permit, pre-
sented and read.
Councilman Justmann moved
tbat the communication be receiv-
ed and flied. Seconded hy Councii-
man Bitter. Carried by the follow.
ing vote:
Yeas - Mayor Moldenhauer,
Counc~men Bit\er, Justmann,
Pregler, Tbo'IDs.
Nays - None.
572
Special Session, December 11, 1972
tainers in the public alleys and-
or public places in the Clty of
Dubuque, Iowa.
l'assed, apprwed and adopted
this nth day of December, 19'12.
Wa~ne A. 'Moldenbauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Bobert Justmann
Joseph J. Bitter
Councinmen
Attest:
Leo F. Froonmelt
City Olerk
CouIICilman Justmann moved
adoption of the resolution. Second.
ed by Councilman Bitter. Canied
by the following vote:
Yeas - Ma~or Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays-None.
RESOLUTION NO. 388-72
ResoluHon 01 the City of Dubuque,
Iowa
BE l11' &ESOLVED BY THE 01.
TY COUNOIiL OF THE CITY OF
DUlBUQUE, row,,-, that the Con-
tract For State Grant For Treat-
ment Works with the StJate of Iowa,
pursuant to Ohaptler 4S5C of the
1971 Oodie of Iowa and SectLion
3, H. F. 710, Acts of the -
Genera] Assembly, is hereby ac-
cepted by said C<>uncil on behalf
of Dubuque, Iowa and that Wayoe
A. Moldienbauer, Mayor, and Leo
F. Frommeilt, Olerl< are hereby
autborized and ddrected to execute
same ami afi\ix tile seal of the
City thereto on behalf of said
Oi.ty.
Dated at Dubuque, low," this Lltb
day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregl.er
A][an T. Thoms
C. Robert Justmann
Joseph J. Bitter
Counciimen
AJtie1lt:
Leo F. FrommeJit
City CIeri<
The undersigned duly qualIfied
and acting City Clerk of the City
of Dubuque, Iowa, does hereby
certify:
That the attached Resolution is
a true and correct copy of the
Resolution accepting tbe Contract
For Sta-te Grant For Treatment
Works regu],arly adopted at a le-
gally convened meeting of the City
Council of the City of Dubuque,
Iowa, duly bead on the 11th da~
of December, 19'12; a-nd further
that the Resolution has been fully
recorded in the Jou"""l of Pro.
ceedings and Records in my of-
fice.
IN WIl'I1NESS WHEREOF, I have
hereunto set m~band this mth
day of Dec<>mber, 1972.
Leo F. Frommelt
City Clerk of the
City of Dubuque, Iowa
Mayor Moldenbauer moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the ~wing v<>te:
Ye"" - Mayor MoJdenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
RESOLUT-ION NO. 389-72
WHER:IMS, the City of Dubuque
ha-s secured an easemrot from n-
linois Central Gulf Railroad Com.
pany in connection with the in-
stallation of an underground smi.
tary sewer; and
WHEREAJS, s OJ i d Easement
Agreement sbould be approved and
delivery thereof be accepted:
NiOW, 'I1HIEJRlEFORE, BE IT HiE.
SOLVED BY THE CITY COUNCIL
OF THE OIII'Y OF DUBUQUE,
IDWA:
Saction I. That Easement Agree.
ment by and between Illinois Cen.
tral GtM Rafuoad Company and
the City of Dubuque, Iowa', signed
December 111, 1972, be and tbe
same is hereby approved.
Section 2. That tlhe Mayor and
City Clerk he and tbey are bereby
authorized and directed to execute
said Easement Agreement for and
on beba-If of the City of Dubuque,
Iowa and that delivery of Grant
of Easement is herewith accepted.
Section 3. Thwt the CIty Olerk
be and he is bereby authorized
and directed to cause said Grant
of Easement to be recorded in
the office of the Dubuque County
Recorder.
Special Session, December 11, 1972
Passed, aipproved and adopted
this Llth day of December, 1972.
Wayne A. MoJdenbauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. RObert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. F'rommelt
City CIeri<
CErRT'IIFICATE OF CITY C,LERK
State of 10-
County of Dubuque
I. Leo F. Frommelt, do hereby
certify that I am the duly ap-
pointed, qualliied, and acting CIeri<
of tbe City of Dubuque, in the
County aforesaid, and as such
Clerk Iha"e in my possession
or have access to the records of
the proceedings of the City Coun-
cil. I do further state that the
hereto attached Resolution No. 389-
72 is a correct copy of the original
Reoo1ution No. 389-72 approved and
adopted by tbe City Council of
the City of Dubuque, Iowa, at a
session heJd by said Council on
the 11th day of December, 1972.
In Testimony Whereof, I here.
unto set my hand and oHiciaI seat
Dated at Dubuque, Iowa, this 11th
day of December, 1972.
Leo F. Frommelt
Clerk of the
City of Dubuque, Iow,a
Councilman Justmann moved
adoption of the resolution. Second-
ed by Councllman Pre !er. Car-
ried by the following vote:
Yeas - Mayor MoJdenhauer,
Councilmen B ¡ t t e r, Justmann,
Pregl.er, Thoms.
Nays - None.
RESOLU1'ION NO. 390-72
WHEiREAS, applications for Beer i
perm'its have bee, n submitted, to I
this Councii for appro"al and the
same ba"" been examined; Now
therefore,
BE l11' RESOLV'ED -by the City
Council of the City of Dubuque,
Iowa, thwt the following aipplica-
tions be grante\l and permits is-
sued upon the compliance witb the -
terms of the ordinances of the I
City.
CLASS "C" BEER PERMIT
Thompsons Markets, Inc., 1256 10- I
wa Street
573
I Passed, adopted and approved
this 11th day of December, 19'12.
Wayoe A. Moldenhauer
Mayor
Walter A. Pregler
ABan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councllmen
Attest:
Leo F. FrommeJit
City Olerl<
Councilman Bitter moved adop-
tion of tbe resolution. Seconded
by Mayor Moldenhauer. Camed
by the foiiowing v<>te:
Yeas - Mayor Moldenhauer,
Councilman B; t t e r, Justmann,
Pregler, ThOms.
Na~s - None.
RESOLU1110NNO. 391-72
WlHERÐAS, applications for Beer
permits were flied by tbe within
na'med applicants and they ha'Ve
received the approv,al of tbis Conn.
eN; and
WiHERìEAS, the premises to be
occupie\l by such applicants were
inspected and found to comply witlh
the ordinances of this City and
they have flied proper bonds;
NOW THEREIFORE BE IT HiE-
SOLVED by tbe City Council of
the City of Dubuque, IOwa, that
the Manager be authorized to cause
to be issued to tbe following named
al,p¡icants a Beer permit.
CLASS "C" BEER PE:RMIT
ThO'mpsons 'Markets, Inc., 1256 Jo,.
wa Street
BE IT FU'RrrHER ItESOINED
that the bonds flied by such ap-
plicants be and the same are here.
hy "'Pproved.
Passed, adopted and approved
this nth day of December, 19'12.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. FrO'mmelt
CUy OIerk
CouDICilman Bitter moved adop-
tion of the resolution. Seconded
by Mayor MoJdenhauer. Carried
by the following vote:
Yeas - Mayor MoJdenbauer,
Councilmen Bitter, Justm,ann,
Pregler, TIwms.
Nays - None.
574
Special Session, December 11, 1972
_._~--
Communieation of Robert M.
Berts'ch attorney, requesting appro-
val of Class "B" beer applications
for both Loras and Clarke colleges
preseo-ted and read.
Attorney Bertsch addressed the
Council by stating tbat he does
not sha.. the opinion of the Build-
ing Commissioner wlbicb has been
a,ppended, to ea.ch application that I
the premises for wbich the permit
is sought must be rewned. A cam-
pus facility for the sa.le and d's.
bursing of beer to college students,
Faculty and staff is "apil<Ny be-
coming an incidental n.se to the
main acti"ity of education.
Counciiman' Pregler moved that
the communication be received and
filed. Seconded by M,ayor Molden-
hauer. Carried by the following
vote:
Yeas ~ Mayor Moldenhauer,
Councilmen B ¡ t t e r, Justmann,
Pregler, Thoms.
Nays - None.
RESOLUTION NO. 392-72
WHER.EAJS, applications for Beer
permits have been submitted to
tbis Councll for a_pprov,al and the
same ha"e been examined; NOW
11HEiRÐFORE,
BE IT RESOLWIDD by the City
C<>uncii of the City of Dubuque,
Iowa, that the following applica-
tions be granted and permits is-
sued upon the compliance witb the
terms of the ordinanc<>s of the
city.
CLASS "B" BE,E'R PERMITS
Loras College, Alia Vista St. &
Loras Blvd.
Clarke College, 1550 Clarke Drive
l'assed, adopted and approved
this 11th day of December, Hm!.
Wayne A. Moldenhauer
Mayor
Waiter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Sec<>nded
by Mayor Moldenhauer. Canied
by tbe following vote:
Yeas - Mayor Moldenhauer,
Counciimen Bit t e r, Justmann,
Pregler, Thoms.
N,ys None.
RESOLU11ION NO. 393-72
wHEREAS, applications for Beer
permits were flied by the within
named applicants and they ha"e
received the apprwal <if this Coun.
cil, and
WlFŒREAS, the premises to be
occupie<l by sucb applicants w<>re
inspected and found to comply with
tbe ordinances of this City and
tbey have flied proper bonds;
NOW TFlEREFOR'E 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
Lora. College, Alta Vista St. &
Loras Bl"d.
Cla1'ke College, 1550 CJiarke Drive
BE lIT' E'UM'HER RiESOINED
that the bonds flied by such appli.
cants be and the same are here-
by a,pproved.
Passed, adopted and approved
this 11th day of Dece'111ber, 1972.
Wayne A. Moldenhauer
Mayor
Waiter A. Pregler
Anan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Cterk
Council'lIWl Pregler moved adop-
tion of tbe resolution. Seconded
by Mayor Moldenbauer. Carried
by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justm-ann,
Pregler, Thoms.
Nays - None.
Councilman Pregler moved tbat
\ tbe City Attorney be directed to
recoup monies from the County-
City Authority. Seconded by MaY,or
Moldenhauer. Carried -by the fol-
lowing vote:
Yeas - M'ayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays-None.
At 11:25 P.M. Councilman Preg-
ler moved that the Council go into
executive session for direction and
cons1Atation with tbe City Attorney
in an impending law suit a.gainst
the City. Seconded by Mayor Mol-
Special Session, December 11, 1972
575
denhauer. Carried by the following
vote:
Yea's - Mayor Moldenhauer,
Councllmen B ¡ t t e r, Justmann,
pregJ¡er, Thoms.
Nays - None.
Councii reconvened in regular
session at 11:38 P.M. and Mayor
Moldenhauer moved that the re-
cord show thai advice to the City
Attorney was discussed regarding
impending law suit and the City
Solicitor is to report ba-ck at the
next Councll meeting. Seconded by
Councilman Pregler. Carried by
thefoTIowing vote:
Yeas - Mayor Moldenhauer,
Councllmeo Bi t t er, Justmann,
Pregler, Thoms.
Nay,s - None.
There being no further business
MaYO,r Moldenhauer moved to" ad_¡
journ. Seconded by Councilman
Pregler. Carried by the foTh>wing
vote:
Yeas - Ma!!"or Moldenbauer, I
Councmttnen Bit t e r, Justmann,
Pregter, Thoms.
Nays - None.
Leo F. Frommelt
City Clerk
Approved
............1973
Adopted .............................
....1973
............................................................
Councilmen
Attest: """ëïi;"'ëi~~k"""""""""""'"
576
Special Session, December 18, 1972
Board of Health
OF,F'IC'IAL
. Special session, December 18,
1972.
Boord - at 7:30 P.M. (C.S.T.)
Present-Cholrmon Wayne A. Mol-
denhauer, Messrs. Joseph J. Bitter,
C. Robert Justmonn, Walter A.
Pregler, Allo,n T. Thoms. ,Dr. Ken-
neth K. Hulet.
Communication of Dr. Ha'Ùet
submitting a list of recent accom-
plishments of the Hea!th Depart-
ment in answer to the repea~
appearances of his n..me in the
news media, presented and read.
Mr. C. Robert Justmann moVied
that the matter be referred to
the City Manager for disposition.
Motion died for lack of a second.
Mr. C. lOObert Justmanu moved
that the communication be refer-
red to the City Manager and staff
to respond to the letters etc. Se-
conded by Ch..irman Wayne A.
Moldenhauer. Carried by tile fol-
lowing vote:
Yeas - Chairman Wayoe A.
Moldenhauer, Messrs. Joseph J.
Bitter, C. Robert Justmann, Walter
A. P,regler.
Nays--<Mr. AI1ian T. Thoms.
Mr. Walter A. Pregler submitted
a communication :dong with a pro-
posed resolutian to the effect thail:
tbe Department of Health, the Med-
ical Director aU become employees
under the direction of the City
Manager, and that a~ policies and
work programs be aœompllshed
in accordance with the policies set
by tbe Councll, and further that
periodical reports as to health
needs of the community and opera-
tions in general be submitted to tbe
Council in writing, presented and
read. Mr. Walter A. Pregler moved
adoption of the resolution. Motion
died for I8ck of a aøc<md. Mr.
Walter A. Pregler -moved that the
statement and resolution be Re-
ceived and filed. Seconded by Mr. -\
C. Rdbert Justm-ann. Carried by
the í<>lIowiDg -:
Yeas - Chairman Wayne A.
Moidenhauer, Messrs. Josepb J. \
Bitter, C,' Robert Justmann, WaI-
ter A. Pregler, Aila-n T. Thoms.
Nay&--<None.
Approved ....................................1973
Adopted ......................................1973
............................................................
............................................................
............................................................
.................................................-.......
...........................................................
Heùth Board Members
Attest ..........................................-...
Clerk Board of JJea&th.
Special Session, December 18, 1972
CITY COUNCIL
(OFFICIAL)
SpecIal ....ion,December 18,
1972.
Council met at 7:30 P.M. (C.S.T.)
Presonf-Moyor Mol d enhou..,
Councilmen Bit t e r, Justmonn,
Pregler, Thoms. City Monagar GII-
benD. Chov_lIe.
Mayor Moldenhauer read the call.
and stated tha-t service thereof had
been duly made and tbis meet-
ing is callæ for the purposa of
amending zoning ordinance No. 3-34
by ....ollng section 2 of article
IV thereof and enacting a new
section 2 in lieu thereof establish-
ing and dofiRlng the usa permitted
in a multiple residence district and
a'cting upon such other busine..
as ~ ,properly come before a
regular meeting of the Council.
Printed minutes of the meetings
of July, August and September 1972
presented for allProvaJ.. Counciil-
man Pregler moved that the print-
ed minutes be approved as pre-
....ted. Seconded by Councilman
Bitter. Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Cooncilman Bitter, Justmann, Pre-
gler, Thoms.
Nays-,None.
Communication of Congesssman
Culiver submitting a list of initia'l I
rwenue sbaring payments made
to Dubuque County, presented and
read. CouncWn:an Pregler moved ,
that We communication be receiv-
ed and flied. Seconded by Council-
man Thoms. Carried by the foll~
ing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitter, Juslmanu, Pre-I-
gler, rrhoms.
Nays-None.
Yeas - Mayor Moldenhauer,
Counciœmen Bit t e r, Justmann,
Pre-. 'l'IIoIM.
~--.
Communication of Ros.;ter &
Hamm, arebitects and engineers,
stating that none of the offices
in the City HaM would be forced
to be moved out during the course
of renovation, Irloo 50 per cent
matcbing funds are available for
cleaning up eJOteriA>r, replacing win-
577
dows and window frames, rein-
forcing the sagging wood joists
and beams with steel, repa-iring
the leamg foundation wall and
tbe concrete phase of the landscap-
ing presented and read.
Councilman Pregler moved that
the rules be 'Suspended in order
to let anyone present address tbe
Councll if they so desire. Secanded
by Mayor Moldenhauer. Carried
by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitter, Ju"tmann, Pre-
gler. Thoms.
Nays--None.
Mr. Paul Ro&åter submitted a
group of charts showing what is
intended in the line of reoovatixm
to be done withont removal of
the present offices in the City Hall.
Councilman Pre~er moved that
the situation a,nd proposition be
referred to tbe first work session
in Febroa-ry. Seconded by Mayor
Moldenbauer. Carried by the fol'
lowing vote:
Yeas - Mayor Moldenbauer,
Councilmen Bitter, Justmann, Pre-
gler, Thoms.
NaYB-None.
Communication of State Compo
troller submitting instructions for
computing Revenue Share Funds,
presented and read. Asst Manager
Pam Fiscber anti Mike Broolœ
Budget analyst presented work
charts to tbe Council sbowing pro.
jected revenue and eXiPenditures
for tbe ne"t three years.
Councilman Thoms moved that the
communication from tbe State
Comptroller be received and flied.
and the staff prepare a written
report which was given in oral
form. Seconded by Councilman Bit-
ter. Carried by tbe following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bitter, Justmaon, Pre-
gler, Thoms.
Nays-None.
December 13, 1972
To the Honorable Mayor
MId City CouDcll
This is to advise that I have
approved tbe following policy and
desire to have your approva[ on
same.
COMPREHE'NSIVE LIABILiITY
Louis Buecbel, United States Fi-
delity & Guannty Co.
Gilbert D. Cha"eneBe
City Manager
I~I! I
Communication of AJrthur J. Roth
Jr., City Health Administrator, ad-
vising that Jocd mortuary estab-
lishments now meet and ....eed
State standards for protection of
the Cjty Water distribution system
from bacld1ow contamination, pre-
sented and read. Mr. C. Robert
Justmann moved that the commun-
ication be received and flied. Se-
conded by Chairman Wayoe A.
Moldenbauer. Carried by the fo!.-
fowing vote:
Yeas - Chairman W'ayne A.
Moldenhauer, Messrs. Joseph J.
Bitter C. Robert Justmann, Walter
A. Pregler, Man T. Thoms.
Na~&--<None.
There being no further business
Cbairman Wayne A. Moldenhauer
moved tbat the Board of JJealtlh
meeting adjourn. Sec<>nded by Mr.
Allan T. Thoms. Carried by the
following vote:
Yeas - ChMirman Wayoe A.
Moldenbauer, Messrs. Joseph A.
Bitter, C. Robert Justmanu. Wal-
ter A. Preg'ler, Allan T. Thoms.
Nay's-None.
Leo F. F~omme1t
Clerk Board of Health.
578
Special Session, December 18, 1972
Special Session, December 18, 1972
579
Councilman Bitter moved for fil-
ing approv,ai subject ,to awrov.al
of the City Attorney. Seconded by
CouneiDman Pregler. Carried by
the following vote:
Yeas - Mayor Moldenbauer,
Cooncilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Communication of City Manager
relative to consideration requesting
auditing of Wawr, Parking, Se-
wage Rental fuods by a' local C.
P.A. firm, wbich must be done
prior to State audit, (forward from
last meeting) presented and read.
Ma.yor Moldenhauer moved that
the request be granted. SecondÆ!d
by Councilman Pregler. CallTied
by the following vote:
Yea~ - Mayor M<>Jdenbauer,
Councßmen Bit t e r, Justmann,
Pregler, Thoms.
Nays-None.
December 12, 197~
Honorable Mayor
and City Council
On Janua,ry 7, 1970, there was
filed a complaint for damages in
tbe United States District Court
for the Northern District of Iowa,
Eastern Division, in Civil Action
No. 'NhC-1001-ED wberein Joseph
James Pllnzza, as plaintiff, claim-
ed against Byrne O'Brien, Jobn
L. Fangma'n, Merl.e P. Kocl1, Wil-
lia'm Von A,h, Gus Fecker and
Percy Luc",", a~ defendants, and
Police Officers of the City of Du-
buque, Iowa, damages in two
counts, one for violation of due
process in conducting an illegal
and improper lineup identification
of the plaintiff, Joseph James Pi-
luzza, and in count number two,
claim for dama'g.. for false ar-
rest. Each of said counts claimed
damages in the totai amount of
$43,200.00 adual damages and puni-
tive damages in the sum of
$129,600.00.
That the Oi~ of Dubuque under-
took the defense of said tIl..uør
and on October 26, urn, a Motion
for Default Judgment was filed
by the defendants against the plain-
ill[ claiming that the plaintiff had
not been produced fiOr discoftry
deposmon contrary to order of
court, and thereafter, the court
entered an order dismissing the
action against the defJendants if
plaintiff's deposition was not flied
hy December 31, 1971. Tbis was
a self-executing order and on s..d
date the a-ction was dismissed for
the reason that the plaintiff could
not be located and was not to
be found and bis whereabouts were
unknown and accordingly, could
not be produced for tbe discovery
deposition by the defendants.
Therea{ter, on A,prll 18, 1972, the
plaintiff filed in the United States
District Court for the Nortbern Dis-
trict of Iowa, E'a'stern Division,
a Motion to Vaca.te and Set Aside
the Court'.s Order fi!ed No"ember
10, 1m dismissing the cause of
action and Motion to Modi{y D;s-
missal of Causes of A<>tion whicb
was very strenuoosly resisted by
the def>endants; notwithsta'nding,
tbe court entered an Order Re.
instating the Action and Setting
Aside the Order of Dismiss...
Thereafter, numerous discovery
depositions were had on both sides
and both parties and a' Fino[ Pre-
TriaJ Hearing was held at Ceda~
Rapids, Iowa on December 11, 1972
at which all attorney,s were pre-
sent and during the course of which
the ease wa's set for trial on Ja-
nuary 22, 1973 at Cedar Rapids,
Iowa before a jury.
During the course of tbe Final
Pre-T ria I plaintiH's attorneys
made an offer of settlement in
the amount of $2,500.00 in full set-
tlement and release and d'smissal
of said action, of wbieth amount,
the sum of $2,000.00 represents an
amount to be paid by the City.
It is the recommendation of the
City Attorney that said affe,r of
settlement in the amount of $2,500
be approved and that of said set-
tlement figure, tbe City of Dubuque
contribute thereto the sum of $2,000
and tha,t the City of Dubuque c0n-
tribute to tbe payment of the court
costs.
It is further recommended tbat
sa'id warrant be transm>tted to the
City Attorney together with the
costs in order tha<t aame may' be
deiivered upon receipt of Dismissal
of said cause with prejudice and
the final rel"ase and satisfaction
from the ¡iUlinti'ff and a final de-
termination of tbis matter be made
prior to delivery of City's warrant.
R. N. Russo
CiQ' Attorney
Councilman Pregler moved ap-
prova'l of the recommendation. Se-
conded by Councilman Bitter. Car-
ried by the following vote:
Yeas - Mayor Moldenhauer.
Councilmen B ¡ t t e r, Justmann,
Pregler, Thoms.
Nays - None.
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing to amend Ordinance
No. 3-34, known a.s the Zoning Map
and Zoning Ordinance, by repeal-
ing Section ~ of Arlic!e ]V thereof
and enading a new Secti<>n 2 of
Article ]V in lieu thereof, pre-
sented and read. Councilma.n Preg-
ler _..ed that the proof of pub-
lication be recei""'¡ and flied. Se-
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pr<\!(ler, Thoms.
Nays-None.
Communication of DeJos Dorwei-
ler showing some concern why bis
property described as Lot 5 of Lot
3 of Block 4 in Westchester Sub.
was omitted from the list of legai
descriptions in tbe proof of pub-
¡ication amending Zoning 0 r d i-
nanœ No. 3-34 by repealing Sec-
tion 2 of AJrticle IV thereof, pre-
sented and read. Councilman
Thoms moved that the communica-
lion be referred to tbe City Plan-
ner. Seconded hy Councilman Bit-
ter. Carried by tbe following vote:
Yeas - Mayor MOldÆ!nhauer,
Coundlmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - NoDe.
Mr. Wm. TbiJ:I admitted that
pharmacies are not permitted as
acceswry uses by petitiooing to
relocate Taylor pharmacy. Mrs.
Dan Ames spoke against tbe phar-
macy idea' due to the disruption
of tbcir homes. Mr. v.1alter Clark
stated that the clinic shouJd stay
where it is. Dr. Packard, repr,e-
senting the Medical Associates
BuiJding Corporation, statad that
the adoption of the proposed or-
dinance would be a delerent to
effident <>peration to Medical As-
sociates and the hospital. The com-
munity needs good medlcai care.
The City at the present time is
in danger of a serious physician
shortage because doctors are dis-
pleased with the city'\¡ attitude.
It
The City has lost six physicians
during the past year. A,ttorney
Francis O'Connor, representing
Medical Associates, stated that if
tire proposed amendment w a' s
merely to win a lawsuit, then it
should be adopted. But if the in-
tent is to provide good zoning
around the hospital or hospitals
then it should lie rejected. He knew
of no city in the country that
prohibits pharmacies from wcating
on hospital land. He again rei.
terated that Medical Associates
will move from 1200 Mam Street
and they feel that Mercy is the
best plac,e. There w<>Wd be no
noticeable traffic increase and dis-
puted that Mercy IWopltal acknowl-
edged accessory uses does not co-
ver pharmacies hecause the hospi-
tal is suing for a building permit.
Attorney Mike Meyers spoke re-
preselliting the Mercy Medic..l Cen-
ter was of the opinion that the
Council by adopting tbe proposed
Ordinance wou.ld he acting arbi-
trarily.
At 11:21 P.M. Councilman Thoms
moved that the Council go into
executive session to discuss mat-
ters referred to in pending legis-
lation. Seconded by Councilman
Bitter. Carried by tbe followmg
vote:
Yeas - Mayor MoldÆ!nbauer,
Councilmen Bit t e r, Justmann,
Thoms.
Nays - Councilman Pregler.
Council reconvened in regular
session at ll:33 P.M.
ORDI'NANCE NO. 62-72
An Ordinance amending and chan-
ging Ordin,anca No. 3-34 known as
the "Zoning Mop and Zoning Or-
dinance of the City of Dubuque,
Iowa" by repealing Section 2 of
Article IV thereof and enacting
a MW Section 2 in lieu thereof
establishing and defining the uses
permitted in a Multi,ple Residence
District,
said Ordinance having been pre-
viously preaented and rètd at the
Conncn meeting of December 18th,
presented for final adoption.
,
580
Special Session, December 18, 1972
581
we"",y II,. of Locu" Sf,oet wh'"
" fhe poi" of the beg""'s.
2. Lot I of Lens...'thy PI", end
Lot 10 M",ey Heish".
(IJ I' the
('¡o~".c:i¡;"l"c=t"t.,'f'~~ c¡¡;;
r':;~ff~t.¡,,~,u,~ie;:':.:11¡¡'ii,,\lt;
above.
m
I.
Loni¡ 2 of L :,
Lot 66, exceot the 00
feel t""'eol, Lo" 1 i'
As"" L "thy', of
MI,....' ", Lot ot
Oul except e ,"u ...Iy
100' Lot I ot Lol 2 of Lot
lot 732,
Lot 0 I ot Lot 6 of MI,..."
Lot ",
Lot 2 of Lot I of Lot 6 ofMI,a...,
Lot ",
lotI of Lot 2ofLot 6ofMI_al
Lot ",
Lot 2 of Lot2of Lot 6 ofMI,...al
Lot ",
Lot <A of Mln"al Lot ",
LotI of Lot'ofMI,...al Lot'"
LotI of Lof2of Lot ,. of MI"'"
Lot ",
LoI I of Lot I of LofSofMi......,
Lot ",
The vocaled end deeded ...t ,.
foot of Lot 11 of Ma"ey Helsh",
The we" SO feet of Lot 11 of Ma,-
..y Heishts,
Lo" 12, 13 end l6. ea" In M"'"
H .
Lot IS i,
'ca.... Au.
, Vacated
lYing ,"uth
he vacated
"hy', Sub.
1:"~"e:'of'lf"=be~?~doPted thi,
WOYne A. Moldenhau"
M'm
C. Robe" J"tma"
J...... J. Blff..
C""ncl1me,
ATTEST;
L.. F. F<ommeit
City CI.....
Publl'hed offlca"y I, The Tel......h.
~~~be~:'\",~~.""' thi, 21" doy of
L.. F. F',,"melt
11.12121
Councilman Justmann moved fi-
nal adoption of tbe Ordmance. Se-
conded by Mayor MoJdenhauer.
Carried by the following vote:
y""" - Mayor Molcllonhauer,
OouDeilmen Hi t ter, Justmann.
Nays - CouDICiiman Thoms.
~bstained - Councilman Preg-
ler.
Petition of Ameriean M'assa'ge
Parlor, William D. Buckner, re-
questing permission to construct
a ma-rque in front of the building
at 320 Main Street, presented and
read. Mayor Moldenhauer moved
that the petition be received and
filed and the request granted sub-
ject to approval of the Building
acnd Engineering Department. Se-
conded by Councilmacn Pre¡ ler.
Carried by tbe following vole:
Yea. - Ma-yor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
OR'DINANCE NO. 66-72
An ordinance authorizing O.DJD.
Enterprises Inc. to -met ca.
nopy,
presented and read.
Mayor Moldenhauer moved that
the rea<ling just bad to be con-
sidered the first reading of the
Ordinance. Seconded by Councid-
man Pregler. Oarrted by the fo!1.-
lowing vote:
Yeas - M,ayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
Mayor Moldenhauer moved tb&t
the role requiring an Ordinance
to be read on three sepa-rale days
be waived. Seconded by Council-
man Pregler. Carried by the fol-
lowing vote:
Yea's - Mayor Moldenhauer
Councilmen B ¡ t t e r, Justmann,
Pregler, Thoms.
Nays - None.
fOFFICIAL PUBLlCATlONI
OROINANCE NO. 66-"
AUTHORIZING
,'C. TO CON-
av THE CITY
CITY OF OU-
. n. D. Ent..-
lhe
Hote
b)
I
582
Special Session, December 18, 1972
Special Session, December 18, 1972
583
------~--
hv
,"d
¡h1~ v",'","'"co.
P.",d. ","pt"" and a...mv"" thi,
18th dav of D,cem""" AD" 19n
Wav", A- MoI"""ha,"
Ma,,'
Walter A. ."91"
Ail," T. Thom,
C. "0"'" J',,",,""
J..." J. Bilfer
Co""cUm'"
Aft"t, Leo F. F""""""
CUv Ci,'"
ACCEPTANCE OF DRDINANCE
NO. 66-72
11. 12/26
Loo F. Frommelt
CI" Cleek
Mayor Moldenbauer moved final
adoption of the Ordinance. Second-
ed by Coun..iilman Pregier. OaITied
by the following vote:
Yea's - Mayor MÐJdenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nay. - NÐne.
Petition of Ecumenical Housing
and resubmi<>sion of a proposal
to purchase certain Urban 'Renewai
land f"" ahou&ing project to be
co~ at 8tlt1lld Locust
Street in the Urban Renewat area,
presented and read. Mayor Mol-
denhauer moved that the petitwn
be denied. Motion died for la..k
of a .......d.
CounciJlman Pregler moved ap-
pro"al of the petition and that
proper proceedings be institoted
and a public hea,ring be held on
¡ February 5, 1973. Seconded by
: Councilman Thoms. Carried by the
I foilowing vote:
I' Yeas - Councilmen Bitter, Just-
mann, Pregler, Thoms.
Nays - M"~or Moldenhauer.
Passed, approved, and adopted
this 18th day of December, 1972.
Walter A. Pregler
Mlan T. Thoms
C. Itobert Justmann
Joseph J. Bitter
C<>uncilmen
RESOLunON NO. 394-72
Dechring intent to sell a portion
of The Downtown Urban Renewal
Project, IGwa R.15 to Ecumenical
li<>using, Incorporated
wm;)R'EJAS, under date of De-
cember 20, 197Œ, 1Jhe Oounci1 of
the City of Dubuque approved and
authorized the rece1ving of pro-
posals fur the sale and redev>clop-
meot of certain parceòls of real
estate in tbe Downtown Urban Re.
newal Project, Iowa R-15, and
WHEJREJAS, in response tA> sltid
offering, a proposal for the pur-
chase and redeveik>pment of . pur-
Con of the Prl>jeet Land was re-
ceived from Ecumenical HoDSÏng,
Incorporated, Mut
W'HEmEJAS, _ant to Obapter
403 of the - Code of Iowa, as
amended, and certain regulations
of the Department of Housing and
Urban Development, certain docu-
ments must be mwde avaiiable for
pubJic inspection and a public hear-
ing conducted; now tberefore,
BE rr RESOLVED BY mE
CITY OOUtNOIIL OF mE CITY
OF DUiBUQUE, IOWIA:
Sect.ion I. That the Clily of Du-
buque hereby dedæres its intent,
after a public headng, to dispose
of Parcel No.9 of Block 8 m
the Downtown Urban Renewal Pro-
ject, Iowa R-15, to Ecumenical
Housing, fucor;¡>Orated, in accor-
dance witb the termo of the Dis-
position Documents governing such
sale IJJI' file- in tile oMke of the
Department of Urban Renewal.
Section 2. Thwt the City Clerk
be and is hereby authorized and
direclad to pubUsb notice of pub-
lie hearing 1» be heJd Oft Feb-
ruary 5, 1973 and IX> make cer.
tain documents a"aòlable for pub-
lic inspection. Such notice sball
be sui>øI>an/.ial1y iIt tile, furm of
Exbibit "A" ~ed hereto and
made a part hereof, and such nÐ-
tice may cover one or more pro-
posals.
Attest:
Leo F. Frommelt
City Clerk
EXHIBIT "An
LEGAL NOTICE OF HEÞ¡RiN'G
Pursuant to Chwpter 403 of the
J.OO6 Code of Iowa, as amended,
the City Council of the City of
Dubuque will haJd a public hearing
for the purpose of considering the
authorization of the execution of
proposed agreements by and be-
tween the City of Dubuque and
the oo,velopers hereinafter listed
for the purchase and red""elop-
ment of certain parcels of real
estate loc,ated in the Downtown
Urban Renewal Project, Iowa R-
15, wbich project inc1udes the area
bounded by Fourth Street on the
south, Central A"enue on the east,
Ninth Street on the north, and
Locust Street on the west.
Name of Developer, Ecumenical
Housing Incorporated, Address,
le29 Mt. Loretta, Dubuque, Iowa.
Said hearing will be held in
Council Chambers, City Hail, 13th
and Iowa Streets, Dubuque, Iowa,
at 7:3~ P.M. on the 5th day of
Februa<y, 1973, wnd any person
or organization desiring to be
beard wJl1 be given an opportunity
to be heard on the question of
the proposed dispositions.
A "Redeveloper's Statement for
Public Disclosure" in the form pre-
scribed by the Department of Hous-
ing and Urban Deveiopment and
the pro¡losed "Disposition Agree-
ment" fÐr each of s'aid de¥elopers
are on file and a..aflable for in-
spection at the office of the City
Clerk, City Hall, DUbuque, Iowa
between 8:00 A.M. and 5:00 P.M.
exce,pt Saturda-~s, Sundays, and bo-
II\'IR,... 9dl1I-eM5 sbaIlaùo
be a"a.iable at the time of the
public hearing.
2 t. 12-26, 1-2-73
Leo F. Frommelt
City Clerk
Councilman Pregler moved adO¡>-
ti,Ðn of 1Ihe res<>lution. Seconded 'I
by Councilm..n Thoms. Carried by
tbe ful!owing vote:
Yeas - Councilmen BlUer, Just-
mann, Pregler, Thoms.
Nays - Mayor Moldenbauer.
P,etition of Dubuque Municipal
Airport requesting permilSSion to
charge $1.00 per person for people
boarding a commercial aircraft,
monies so col1ected be set a-side
in a separate fund for needed ex-
penditures in the next two or three
years, preoented and read.
Councilman Justmann mÐved
that the petition be granted and
the revenue be placed in Airport
funds. Secouded by Mayor Molden-
hauer. VOte on the mÐtion wa.
as follows:
Yeas - Mayor Moldenbauer,
Councilman Justmann.
Nays - Councilanen Bitter, Preg-
ler, Thoms.
MOTroIN F1MiLED.
Councilman Pregler moved that
the petitiÐn be referred back to
tbe AW¡¡ort Commiss.iÐn, tbe Coun.
cH is amenable to the taoc but
need a more comprehensive re-
port. SecÐnded by Mayor Molden-
hltuer. Carried by the fÐlWwing
vote:
Yelts - Mayor Moldenhauer,
Councilmen Bitter, Justmann,
Pregler.
Nays - Councilman Thoms.
Petition of John Duggan et ai
requesting extension of sanita<y se-
wer fa>CÌl>ties covering awroxima-
teJy 4/) acres of land in the City
Limits, in the Kelly Lane area,
presented and read. CÐuncilman
Pregler moved that the petitibn
he referred to 1Ihe Mana-ger and
Engineering Department. Seconded
by Councilman Bitter. Carried by
the following vote:
Yeas - Mayor Moldenbauer,
Councilmen Bitt e r, Justmann,
Pregler, Thoms.
Nays - None.
December 8, 1972
To !be Honorable Mayor
and City Council
The construction of Intersection
of U.S. Highway #20 and John
F. Kennedy Road, Signalization
and Lighting and work Incidental
there to in and for tbe City of
Dubuque, Iowa bas been substan-
tially completed in accordance with
pians, specifioations and tile om-
III!II
584
Special Session, December 18, 1972
Special Session, December 18, 1972
585
tract by and between Moldt Elec-
tric Service Inc. of Dubuque and
the City of Dubuque, Iowa.
Gilbert D. Chavenelle
Ci!3' Ml>Uager
Counwman 'Pr~er mwed that
the cænmunication be received and
filed. Seconded by CoUI>Ciiman
Justmann. Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Counc.i1men Bit t e r, Justmann,
pre¡¡]er, Thoms.
Nays - None.
FIINAL ESTIMATE
RESOLUTiON NO. 395-72
WilEREAS, the contract for In-
tersection of U.S. Highway #20
and John F. Kennedy Rowd Thaf-
fie Signals and Lighting has been
oompleted and the City Engineer
has submitted his fin3!l estimate
showing the cost thereof including
the cost of estimates, notices, m-
spection, and -preparing the asses-
ment and plat, now therefore,
BE rrr REiSOINED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is bereby determined to be
$4II,7Ii2.O4.
That None of the oost theTeof
sha'¡¡ be ...essable upon private
property and $411,~62.O4 shall be
paid from the Road Use Ta" Fund
of the City of Dubuque.
I'assed, adopted and approved
this 18th day of December, 19«2.
Wayne A. Moldenhauer
Mayor
Walter A. PregJer
Alla-n T. Thoms
C. Robert Justmann
Jœe¡ph J. Bitter
CouncWnen
Attest:
Leo F. Frbmmelt
City Clerk
CounctmlaD Pregler moved adop-
tion of tbe resolution. Secønded
by Councilman Justmann. Carried
by the fol1owing vote:
y""" - jIIayor Moldenhauer,
Councilmen Bit t e r, Justma...,
Pregler, Thoms.
Nays - None.
(A Resolution Accepting
1_--)
RESOLU' ;ION NO 396-72
WlmREAS, the C()ntract for the
Intersectinn of U.s. Highway #20
and John F. Kennedy Road Trame
I'EIWJSORS OF 'I1HìE OOUNrrY I terian Chureb of Dubuque, Iowa
OF DOOUQE, roWA, dated November 28, 1972, convey-
$oction 1. That tbe Agreement ing to the City of Dubuque, Iowa,
by and between OiÌIY of Dubuque the following described rea-¡ estate:
and Dubuque County, Iowa, as I Lot 2 of Westminster Presby-
own, ers, an,d Durranlt'Deininger,' terian Church Pl,'ace in the City
Dommer-<Kramer-<Gordon, P ..G., as of Dubuque, Iowa'
arcbitects, be and the same is be and the same is hereby a'CCept-
hereby approved. ed.
Section 2. That the Chairman Section 2. That the Clty Olerk
of the Board of Supervisors and be and he is bereby directed In
the Auditor of Dubuque County, record said Deed in the office of
Iowa be and they are herby au- the Dubuque County Recorder.
thorized to execute said Agreement Section 3. That the above de-
for and on behalf fo the County scribed real estate be and the same
of Dubuque, Iowa. is bere!>y designated as part of
.Pa"sed, approved and adopted Umvel'Slty Avenue of the City of
this 12th day of December 1972 Dubuque, Iowa'.
Leo N. Scbueller' . !,assed, approved and adoptied
Chairman, Board of tbis 18th day of December, 1972.
Supervisors Wayne A. Moklenhauer
Louls C. Barrett Mayor
Donald C. Meyers Walter A. Pregler
Supervisors Allan T. Thoms
Mtest. C. Robert Justmann
H~ P. Meloy Joseph .J. Bitter
Auditor Councilmen
Councilman Pregler moved that
the resolution be received and
made a matter of record. Second-
ed by Mayor Moldenhauer. Carried
by the following vote:
Ye.... - Mayor Moldenhauer,
Councilmen BHter, Justmann,
Pregler, Thoms.
Nays-None.
Signals and Lighting h... been com-
pleted and the City Mana-ger has
examined the work and filed his
certificate stwting that the same
has been completed according to
ther terms of the contract, plans
and specifications and recommend.
its aœeptance, now therefore,
BE rrr RESOINED, by the City
Council of the City of Dubuque,
that the recommendation of the
CiÌIY Manager be approved and
tbat said ÎImprovement be and the
same is hereby acoopted.
BE rrr F'URIIIHER RESiOUVED,
that the City Treasurer be and
he is hereby directed to pay to
the contractor from the funds to
be realized issued upon the above
described imprwement in a,mounJt
equal to the a'lDOunt of bis OOD-
tra,ct, less any retained percentage
provided for therein.
Passed,adGpted and approved
this 18th day of December, 1972.
Wayne A. Moldenbau",.
Mayor.
WaiterA.Pregier
AlJian T. Thoms.
C. RGbert Justmann
Joseph J. Bitter.
Counciimen.
Attest :
Leo F. Fromme!d:
City Clerk.
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yea.. - Mayor Moldenhauer
Councilmen Bit t e r, Justmann,
Pregler, Thoma.
Nays - None.
RESOLUTION
Wl!I!EREAS, The County of Du-
buqueand the City of Dubuque
buque have enga-ged the archi-
tectura~ firm of Durraot.IDeininger.
~mm~~amer~rdon, Pß. in
connection with designing of a
JGint County-City Law En force-
ment Conter: and
WHEREAS, ,MId archlteeta 'bIWe
tendered a standard form of A-.
men! for execution by the County
of Dubuque and OiÌIY of Dubuque;
and
WlHEREAS, Cowity of IDubuque
finds the ...me should be approved
and execution thereof authorized.
NOW THEREFORE BE rrr RE.
SOlJVÐD BY 'I1HìE BOAR[) OF SU-
RESOLUT,ION NO. 397-72
WHEREAS, The Westminster
Presbyterian Church of Dubuque,
Iowa, a~k..a Westminster United
Presbyterian Church of Dubuque,
Iowa has deli"ered Warranty Deed
dated the 2I!th day of November,
19«~, conveying to the City of Du-
buque, Iowa, the fGlll>wing deSlC1'ib-
ed real estate, to-w,it:
Lot 2 of Westminster Presby-
terian Church p¡,..,. in the City
of Dubuque, w-
and
WHEREAS, the de1i"ery of said
deed to the above entitled real
...... ahouId ho aeeepted by the
City of Dubuque.
NOW THEREIFOOE BE rrr RE-
SOINED BY THE OITY OOUNüIL
OF 'I1HìE = OF DUBUQUE,
roW;\':
Section 1. That the Warranty
Deed of The Westminster Presby-
terian Church of Dubuque, Iowa,
a-k-a Westminster United Presby-
Attest:
Leo F.Frommelt
City Ole<k
Councilman Pregler mwed adop-
tion of tho resolution Seconded by
Mayor Moldenhauer. Carried by
the following vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
IIregIer, Thoms.
Nays - None.
Resolution submitted by Council-
man Bitter oalling for the a'ppoint-
meM of a Citizens Freeway Stody
Committee consisting of nine mem-
bers, by Mayor and Councll con-
currence, ,pres!ented and read. Ma-
yor Moldenhauer moved that the
resolution be referred to the first
meeting in February. Seconded by
Counciiman Pregler. Carried by
the following vote:
Yeas - Ma'yor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nay. - None.
DecembeT 7, 1972
To the Honorable Mayor
and City Council
The construction of 1971 La"""
seeping Prefect and work inciden-
tal tbere to in and for the City
of Dubuque, Iowa has been sub-
stantially completed in aœordaDce
with plans, specifications and the
Iii!
586
Special Session, December 18, 1972
Special Session, December 18, 1972
587
Contract by and between Wagner
Nursery of Dubuque and tbe City
of Dubuque, Iowa.
Gilbert D. Cha,veneJJl
City Manager
Councilman Pregler moved tbat
the communication be received and
filed. Seconded by Mayor Molden-
hauer. Carried by the following
vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
FI'NAL ESTIMATE
RESOLUTION NO. 398-12
WHEREAS, the contrad for the
Jj ~1 Landscaping Project has been
completed and the City Engineer
has submitted bis final estimate
showing tbe cost tbereof including
the cost of estimates, notices, in-
spection, and preparing the asses-
ment and plat, now therefore,
BE ]/]' RESOLV'ED, by the Clty
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$00,874.93.
That None of the cost thereof
shaill be assessable upon private
property and $69,874.93 shall be
pa'id from the Road Use Tax Fund
of the City of Dubuque.
Passed, adopted and approved
this 13th day of December, 1972.
Wayne A. Moldenhauer
'Mayor
Walter A. Pregler
Allan T. Thoms
C. Robert Justmann
Josepb J. Bitter
Councilmen
Attest:
Leo F. Frommeat
City Clerk
Councilman Pregler moved adop-
tion of ,the resolution. Seconded
by M,a~r Moldenhauer. Carried
by the fuŒiowing vote:
Yeas - Mayor Moldenbauer,
Coun<>ilmen Bitter, Juølimann
Pregler, Thoms.
Nays - None.
(A Resolution AcceptIng
Improvement)
RESOLUTION NO. 399.72
WHEREAS, the contract for the
197a Landscaping Project has been
completed and the City Manager
bas examined the w.ork 8Dd fi1ed
bis ceritifcate stating that the same
has been completed according to
the terms of the contract, plans
and specifications and recommends
its a'cceptance, now therefore,
BE ]/]' RESOLVED, by the City
Council of tbe City of Dubuque,
that the recommendation of the
City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FU'RiTHEIR RESOLVED,
tbat the Clty Trea.surer, be and
he is hereby cfuected to pay to
the contra'ctor from the funds to
be rea>!ized issued upon the above
described improvement in amount
equai to the amount of bis con-
tract, less any retamed percen-
tage provided for therein.
I1assed, adopted and a,pproved
this 18th day of December, 1972.
Wa'yne A. M¡oldenhauer
Mayor
Wa1ter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
neth A. Hartig a Certificate of
Completion; and
WŒŒREiAS, it has determined
the required improvements ha.ve
been satiafa11x>rily completed; now
theretfore
BE JrI' RESOINED BY THE OJ-
TY COUNOIL OF THE CITY OF
DUBUQUE, IOWA:
Section I. Thwt the Mayor and
City Olerk be and they are hereby
authorized and directed to eJœcute
a' Certificate of Completion for
Kenneth A. Hartig for the improv,,"
ments located Wl Blocl< 11 in Du-
buque Downtown Piaza ill> the City
of Dubuque, Iowa, situated in the
Downtown Urban Renewal Project,
Iowa &-15.
Section 2. Tirat the Clerk be and
he is he.-eby authorized and di-
rected to, file a copy of tms re- I
solution and the eoceeuted copy of
the Certifieate of Completion in
the office of the County Recorder
in and for Dubuque Conniy, Iowa.
p.....,.¡, approved and adopted
this 18th day of Deeember, 1912.
Wayne A. Moldenhauer
Mayor
Waiter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Couneilmen
AJitest:
Leo F. Fromm~
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the foiWowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregier, Thoms.
Nays - None.
Attest:
Leo F. Frommelt
City Clerk
Councilinan Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carried
by the fo!Iowing vote:
Yeas - M'ayor MDldeDJlrauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - None.
RESOLUTION NO. 400.72
Authorizing the execution of a cer-
tificate of colTllpletion for Kenneth
A. Hartig
WHEREAS, under date of M'aroo
31, 1971, the City of Dubuque en-
tered into a Contract for the Sale
of Land for Priva,te Red......ropment
with Kenneth A. Hartig for the
real estate bereinafter described;
and
WHEREAS, under the terms of
saM œntraci the ,,1ibjeet reM <!S-
tate was conveyed by the City
of Dubuque under date of April
5, 197'1, to Kenneth A. Hartig who
constructed tbereon certain; m-
provements; and
WHElREAS, Section 300' of said
contra'ct provides that upon com-
pletion of the improvements the
City of Dubuque wIiß furnish K-
RESOLUTION NO- 401-72
-izint th _ecutlon ef a ee...
tffleote of Completion for Ames
Realty, Inc.
WHEREAS, under date of August
12, a!rIO, the (it)' of Dubuque en-
tered IJIfe " 08IIIra<et ibr the SaI.e
of Land for Private Red..verop- I
ment with Ames Realty, Inc. for
the real e,state bereinafter describ-
ed; and
WIHERæIAS, under the term. of
said contra~t the subject real es-
tate was conveyed by the City
of Dubuque to Ames Re'alty, Inc.
who constructed thereon certain
improvanents; and
WHEREAS, Section 307 of said
contract provides that upon com-
pletOOn of the improvements the
City of Dubuque wiN furnish Ames
ReaUy, Inc. a Certificate of Com-
pletion; and
WHEREAS, it lias determiIled
that the required improvements
have been satisfactorily complet-
ed; now theretfore
BE IT RESOLVED BY THE
OLTY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That tire Mayor and
City Clerk be and they are hereby
authorized and directed to execute
a Certificate of Completion for the
Ames Realty, Inc. for the im-
provements located on Lot 1 of
mock 2 in Dubuque Downtown PIa.
za in the City of Dubuque, Iowa,
situated in the Downtown Urban
RenewraI Project, lc>wa R-J.5.
Section 2. That the Olerk be and
be is bereby anthorized' and direct-
ed to file a copy of this resoi.ution
and tbe executed copy of the Cer-
tificate of Compietion in the office
of the County Recorder in and
for Dubuqne County, Iowa.
Passed, approved and adopted
this 11IIh day of December, 1912.
Wayne A. Moldenhaner
Mayor
Walter A. Pregù:a:-
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest :
Leo F. Frommeh
City OIerk
Councilnvan Pregler moved adop-
tion of the resolution. Seconded
by .!la¡¡or MoIdenhaue.-. Curled
by the fu11owing ",te:
Yea's - Mayor Maldenhauer,
Councilmen Bit t e r, Jnstmann,
Pregler, Thams.
190", '- ~e,
Proof of Publication, certified to
by tbe PubÜsher, of opportunity
for public hea'ring as to the con-
temp1aiii.on of wicIeoting and recou.
alrnction and purdlase of seve1'lll
parcels of property at the inter-
section of Tenth and Bluff at the
intersection of Locust and extend-
588
Special Session, December 18, 1972
Special Session, December 18, 1972
589
ing easterly to the intersection of
Bluff 81. then south to the inter-
section of Ninth Street, presented
and read.
No wu-itten objections were filed
and no oral objectors were pre-
sent in the Oonnen Chamber at
the time set for the public hear-
ing. Councllman Pregler moved
that the proof of publIcation be
received and filed. Seconded -by
Mayor Moldenhauer. Carried by
tbe following vote:
Yeas - Mayor Moldenhauer,
Counci!men Bit t e r, Justma-nn,
Pregler, Thoms.
Nays - None.
Proof of Publication, c.ertified to
hy the Publisber, of opportunity
for pubJic bearing as to the con-
templation of widening and recon-
struction of University Avenue
from Loras to Gilliam Streets, pre-
sented and read. No written objec-
tions were filed and no oral ob-
jectors were present in tbe Council
Chamber at the time set for the
publ>c hearing. Councllman Preg-
ler moved that the proof of pub-
licationbe received and fiied. Se-
conded by Mayor Moldenhauer.
Carried by the following vote:
Yeas - M,ayor Molde.nhauer,
Councilmen Bitter, Justmann,
IIregler, Thoms.
Nays - None.
RESOLUTION NO. 4O2-n
WHEREAS, the City of Dubuque
!>a's applied to the Iowa State High.
way Commission for funding of
tbe Ninth and Bluff, Tenth and
Bluff reconstruction project under
the Federal 'l'OI'1CS Program.
WiHE~EAS, tbe Iowa State High-
way Commis.sion has reviewed the
applica!Jion and is requesting Fe-
deral Highway Administration ap-
prwal of the Location and Design
Study.
WHEREAS, it is required by the
Federal Highway Administration
that PulJlic Notice he given that
the Iowa State Higbway Commis-
sion is a-ppJying for approval of
the Location and Design Study.
NOW, tberefore, be it resol<Ved
by the Clty Councii of the City
of Dubuque, Iowa., that the CIty
Clerk sbaU publish said notice as
shown on the attached "Exbibit
A."
Passed, wdopted, and approvOO
this 18th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Wal.ter A. 'Pregler
MJsn T. Thoms
C. Robert Justmann
Joseph J. Bitter
CounClilmen
P1roof of PobMcation, certified to
by the Publisher, of No1Ji.ce to con-
traeton of taking of bids for con-
struction of Waste Water Treat-
ment F'adlities Pha... ]I, Oontract
lIB, Grit Grea... unit cover beat-
ing and ventilating moðificatiDD,
Exhaust Air acrubbers, Flow me-
tering a-nd sampling, Electrical,
presented and rewd.
Councilman Pregler moved that
.be proof uf pubilication be r e-
ceived and filed. Seconded by M,a-
yor Moldenhauer. Carried by the
following vote:
Yea. - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregier, Thoms.
Nay. - None.
Deœmber 18, 1971!
To the Honorable Mayor
...d Clty Council
Waste W,ater ~ Facilitel
PIuIee )[ - CODtra-et ]JIB
On December 5, 1m "" r &-
ceivOO proposal. for the Rebid of
Phase n - Contract ]JIB on the
subject project. Only two bids were
subm<lIted, tIIose form !be M. F.
Goerdlt ConslrnctJion Company and
the Moorehead Construction Com-
pany. These are tbe same two
firms who bid the original con-
tract. We are somewhat disappoint.
ed tbat more interest could not
be generated on the Rebid.
-We sent notification of this Re-
bid to five publieBtions and re-
qnested them to publish articles
concerning this. I'lans and specifi-
cm.... - taken out by some
thirty fir-ms. Our consultants ÌDdÌ-
oaof¡ed that at least four firms were
_rking up bid& Oft the project;
however, onJ¡y two P1'<Jpo6a'ls were
received.
The low bid was submitted by
the M. F. Goemt Oonstructioo
Company ill the amOUDt of $1118,952.
'lbr conan1tant's estimate ... the
program was $700,000. While the
project is admittedly a, difficult
ooe from a- contractor'. stand-
...... we Ita. - te tile COD-
c\uoion ÜIis is the best price that
cm be secured 00 the work in-
vo1ved. The summary of the total
costs of this phaoe of the con-
strueüon for a eomplete covering
"",!em with exhaust air scrubbing
for odor control is as foliows:
CoJttract ]I A (Dew Do me s)
$517,123.
Attest:
Leo F. F'rom'melt
CityCieril:
"EXHIBIT A"
S'I'ATE OF IOWA
COUNTY OF 'DUBUQUE
OFFWIAiL NOTICE OF "LOCA.
TION AND DESIGN" AiPPROVA1L
~EQUESTED IN RE: Proposed
design of TOP!ICS Project Num-
ber T-735-7(2)-46-31, intersections
of NŒNrI1H at BùUIFF and TEN'11II
at BLUF-F.
TO WHOIM JII' MAY OONCERN:
Notiœ is hereby given to dl
interested persons tbat the Iowa
State Higbway Commission is re-
questing "Location and Design"
8IpprO'-'M from the Federal High-
way AdminJistration on the above
described project as follows:
LOQAIJ1IDN AND DESCJtIPTI()N
The proposed project includes reo
alignmeœ of Tenth Sl£eet from
the West curb of Locust Street
to the East curb of Bluff Street
alS'O realignment of the NortJrwest
radius at the intersection of Ninth
and Bluff. Interconnected traffic
signals will be built at the inter-
sections of Ninth at Bluff and
Tenth at Bluff. Two overhead Sign
supports wûII be errected on Tenth
Street and on muff Street. The
realignment of Tenth Street will
require acquisitiDn of three boiId-
ings located at; 958 Bluff, and
968 Bluff.
Drawings and specification. are
available for PublIc Viewing at
the office of the City EngIneeo-,
City Hal!, Dubuque, Iowa.
I.... F. Frommelt
CIty Clerk of City
of Dubuque, IDW&'
Oouncilman Bitter moved adop-
tion of the resolution. Seconded
by M,ayor Molde.nhauer. Carried
by the following vote:
Yea. - MaYOr Moldenhauer,
Councilmen Bitter, Justmann,
!\regIer, Thoms.
Nay. - None.
Contrad ß B (Serublbing, Deo-
dorization) $918,952.
Subtotal $1,436,075.
Engineering, contingency $143,600.
Totai $1,579,675.
We had hoped to complete the
CDnstruction for approximately
$1,.'!OO,OOO. However, at this point
we ba"e a commitment to the
C()mmunity to proceed with the
covering and we have an exceIœnt
bid from Dew Domes for that sec-
tion of the program. Therefore,
it is our recommendation the con-
tr.æts be awarded subject to the
concurrence of the State and EPIA
and that we proceed with the con-
struction. We fee! that cutting bac!<
and changing the scOpe, the pro-
posed work and "'bidding a third
time would not result in substantial
cost reductions aDd could have a
detrimental effect OÐ the --ed
deodorization system.
We should examine the risks in-
vowed in proceeding with this con-
tract ... far .s tbe city is con-
cerned. First of MI, we preoent!y
ha"e an 80% grant on aH of Phase
J[, Tbia gram; will be increased
early ,in 1979 to cover the present
estimated- cost& of the ]I"Ogr&m.
We have also been adwjged by
EJPA th;rt - will reeelve periodic
reimburs_t of theja- Share of
CootJract m Construction .. the
work progresses. These payments
will be made providing "" pro-
ceed in good faith in the de~
ment of the rema-ining CODtraetl
in I'ba.re n. The finai des:ign of
Phase II .will be completed when
induotry concurrence on loadings
and cost recovery is completed
later this month.
The city's 20% share of the pr0-
posed construction for covering and
deodorization i. $1115,935. Based on
the originof estimalle of $1,11OO,ÐOO
the anticipated local share wa.
$2œ,964. By proceeding with the
construction"" bid, the oily is
committing itse1f to an uJtim.8te
additionù - of $45_.
Other area.. which a>t the present
time remain uncompleted, but
which must be resolved in the
next few months, are the ope",-
tionat coat deficit and rate sima-
1JÏon. This cannot be finally settled
until maijor industry commits on
a ba'sis of design and cost partici-
pation arrangements are drafted.
590
Special Session, December 18, 1972
Special Session, December 18, 1972
591
These are contingent problems
wbich serious1y affect our Phase
m plans. However, we are com-
mitted to proceed witb the cover-
ing and deodorization. This has
a minimal e£!e"¡ on the o,perational
budget and we are financi"lly ca-
pa'ble of bearing the constnrotion
costs. Our present Federal-State
Grant, coupœd with retroactive
State and possibœ Federa! funds,
eases tbis burden.
It ts our feeling tbli-i EIPA and
the State Department of Heal1ih
will approve the bids as received,
and it is our recommendation that
tbe City Council award these con-
tra'Cts subject to Federal and State
COlliCurrence.
G:i;lbert D. Obaveneiliie
City Mianager
Counc~man P-regler moved lIbat
the, r!'Commenda-tion be a¡JproyW.
Seconded by MaCY()r Moldenhauer.
Carried by tbe foJilowing vote:
Yeas - M..yor MoJdenhaue,r,
Councilmen B ¡ t ¡ e r, Justmann,
Pregler, Tholl1B.
Nays - None.
{Awarding Contract}
RESOLUTION NO. 403-72
WHEREAS, sealed proposals
have been submitted by contrac-
tors for the Phase 1'1 Waste Wat..
Treatment Facilities Contract I'I#.
pursuant to Resolution No. 2111-
72 and llIOtice to bidders published
in a oewspaper p1ll>lisbed in said
City on August 11, 1972 and Au-
gust 18, 1972; and
\V!HEIREAS, ""¡,¡ sealed propo-
sals were opened and read on Sep-
_ber 7, 1972, and it bas been
determined that the bid of Dow
Chemica.! Co. of Midland, Micbi-
gan - in tile amount of $517,123
W8ß the rowest bid for the for-
nis!úng of all JJaOOr and materials
and performing the work as prO-I
vided, for in tbe plans and speci-
fications; now therefore,
_BE Iff RESOLVE[) by the City
CouDCil of the City of Dubuque
that the C()ntract for tbe ..bow
mentioned improvement be award'
cd to Dow Chemical Company, sub..
ject to tbe "PProval of EPA and
the State Department of HeaJith
and the Manager be and he is
hereby directed to execute a, con-
tract on behalf of the City of Du-
buque for the complete perfor-
mance of said work.
Attest:
Leo F. Fromme1lt
City Clerk
Councilman Pregler moved adop-
tion of the resO>iUtiOOl. Seconded
by Councilman Bi1Jter. Ca"ried by
the following vote:
Yeas - May"" Moldenhauer
CoUDICilmen Bit t e r Justmann'
Pregler, Thoms.' ,
Nay. - None.
RESOLUTION NO. 407-72
W!HEJREiAS, a'pplicaAions for Beer
permits were fiioo by the within
named applicants and ,they have
received the approval of this Coun-
cil; and
WHEIREAS, the premisea to be
occupied by such applicants were
inspected and found to comply with
the ordinances of this City and
they have filed proper bonds;
NIOW 'l1HEREFORE HE Iff RE-
Councilman Pregler moved ado¡>. SOLVED by the City Cound of
tion of tbe resolution. Seconded the City of Dubuque, Iowa, that
by Councilman Bitter. Carried by the Manager be authorized 00 c'ause
the follOWÏing vote: to be issued to !he fo11K>wing named
Yeas - Ma-yor Moldenhauer, appLicants a Beer permit.
Councilmen Bitter, Justmwnn, CILASS "B" BEE-R PERMIT
Pregler, Thoms. William Jose¡ph Haum, 3165 Gen-
Nacys - None. tral Avenue
BE Iff FURIJ1HER RESOINED,
tbat upon the signing of said con-
tract and tbe approval of the con.
tractors bond the Clty Tre"'Ui"Cr
is authorized and instructed to re-
turn tbe bid deposits of tbe un-
sucC'CSlllftrl bidders.
Pa,..ed and adopted this 18th day
of December, 1972.
Wayne A. M.oJòenhauer
Mayor
Walter A. Preg¡ler
AIllian T. Thoms
C. Robert Justmann
Joseph J. Bitter
Counciimen
BE Iff FURrJ1HEŒt RESOLVED,
tbat 1JŒ>On the signing of said con-
tract and tbe approval of the coo-
tradors bond the City Treasurer
is authoriæd and instructed to re-
turn the bid depooits of the un-
succe.s.>!ful bidders.
P,assed and adopted this 18th day
of December, 1972.
Wayoe A. Moldenhauer
Mayor
W'Mter A. Pregler
Allan T. Tboms
C. Robert Justmann
Joseph J. Bitter
Counlcilmen
Attest:
Leo F. Fromme1J\
City Clerk
CounCÜimlan Pregler moved adop-
tion of the resolution. Seconded
by Mayor Moldenhauer. Carded
by the fuJilowing vote:
Yeas - Mayor Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nay,s - None.
Attest:
Leo F. Frommelt
City Clerk .
Councilm>an Pregler moved adop-
tion of the r....lution. Seconded
by Miayor Moldenhauer. Ca<rri.ed
by tbe, folrowing vote:
Yeas - Mayor' Moldenhauer,
Councilmen Bit t e r, Justmann,
Pregler, Thoms.
Nays - Nooc.
(Awarding Contract)
RESOLUTION NO. 404-72
WHEREiAS, seaaed proposals
have been submitted by contra,,-
tors for the Phose II - Contract
II - Treatment Plant Improve-
mann Canlraet liB pursuant to
Resolution No. 3If1-72 and notice
to bidders puWsbed in a ne-
paper published In said City on
November 9, 1972 and November
16, 1972; and
W!lf])REAS, said ooa1OO propo-
sals were opened and read on De-
cem,ber 15, 1972, and it bas been
determined that the bid of M. F.
Goerdit Construction Co. of Dubu-
que, Iowa in the amount of
$918,952.00 was the lowest hid 'for
the furoisbing of aN la'bor and
m..terials and performing the work
as provided for in the p]ans aDd
s'pecifications; now therefore,
BIE Iff RESOINED by the City
Oouncii of tbe City of Dubuque
that the contra'ct for the above
mentionoo improvemenit be award-
ed to M. F. Goerdt Construction
Co., subject to approV1aa of State
Hea ¡tb D~pa-rtment and EPA and
tbe Manager be and be is hereby
directed to execute a contra\:t on
behaJf of tbe City of Dubuque for
tbe complete performaIllCe of said
work.
RESOLUT'ION NO. 405-72
BE Iff RESOLVED by the Clty
Council of the City of Dubuque,
Iowa, that the following ba"ing
compJiied with the provisions of
ia,w relating to the saJe of Ci-
ga,rettes within tbe City of Du-
buque, Iowa, be grwnted a permit
to sell Cigaretbes and Cigaretbe
papers within said City.
Robert C. Barker (Effective Jan.
2, 1973), 1091 White Street
BE IT FURTHER RESOLVED
that the bond. flied witb the ap.
pldcatJions be , pprowd.
,Pa,ssed, adopted and a'pproved
this 11!tJb day of December, 1972.
Wayne A. Moldenhauer
M,ayor
Wa!lter A. Pregler
Mlan T. Thoms
C. Rubem Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
City Clerk
R,ESOLUTION NO. 406.72
WHEREAS, appliications for Beer
permits have been submitte'd 00
this Councii for approvalland the
same have been examined; NOW
THER'EFORE,
BE IT RESOLVED by the City
Counc.i1 of the City of Dubuque,
Iowa, that the followmg applica-
tions be granted a-nd permits is"
sued upon the compliance with the
terms of the ordinanlceo of the
City.
CLASS "B" BEER P'E,RMIT
William Joseph Baum, 3165 Ceo-
tr-al Avenue
CLASS "C" BEE'R PERMIT
Donald E. Wertz, 154'5 S. Grand.
view Avenue
John J. Heiderscheit, lZ18 Cen-
tral Avenue
Passed, adopted and approved
tbis 18th day of December, 1972.
Wayne A. Moldenhauer
Mayor
Walter A. Pregler
Alian T. Thoms
C. Robert Jusimann
Joseph J. Bitter
Counciimen
592
Special Session, December 18, 1972
593
CLASS "C" BE-ER PEIUWIT
Donald E. WerITL, 1545 S. GNIUd-
view AYenue
John J. HeidersciK!it, 1278 Cen-
trù AV'eIlIle
BE IT FURTHER Rœ:SOíLVE1>
that !be bonds JiJ,ed by such ap.
plioaDts be and the same are here-
by approved.
Passed, adopted and apprD"ed
this 18th day ci. December, 197:!.
WillY"'" A. Moldenhauer
Mayor
Walter A. Pregler
Ai!ian T. Thoms
C. Robert Justmann
Joseph J. Bitter
Counc'¡¡men
Attest:
Leo F. Fromme](
City Clerk
Oouncllmafl Preg]¡er mO'-'ed ad0p-
tion of the ....oIution. Seconded
hy Councilman Bitter. Ca.-ried by
the folOOwmg vote:
Yeas - Mayor Molde.nbauer,
Councilmen Bitter, Justmam,
Preg ,er, Thoms.
Nay. - None.
RESOLUTION NO. 408-72
WlHEREiAS, applications for li-
quor liœnse have been submitted
to this Council for IIIPprovat and
!be .ame have been eDlmined,
NOW 11HEREFORE BE IT R'E-
SlOWED by 1he City CoImcii. ci.
tbe City of Dubuque, low", that
the foIJIoIwing applicatioos be grant-
ed IIIId J;.censes wued upon the
com !l1lanœ with the 1>orms of !lie
IOWiA lÆQUKJiR 00N!l'R0L AJ;T-
0IIiAIffi'ER 1(11-"" amended by the
6M;h GeoerIaI Assemi>ly, 197[,
CLASS "C" (COMME'RCIAL)
SEER & LIQUOR LICENSE
Robert C. Barlœr, 1091 White Street
I1a-ssed, adopted a.nd approV'Cd
this 18th day of December, 1972.
Wayne A. MoJdenhauer
Mayor
WaJter A. Pregler
Allan T. Thoms
C. Robert Justmann
Joseph J. Bitter
Councilmen
Attest:
Leo F. Frommelt
OIty Clerk
Couœl!.man l'reg!<>r m<m!d adop-
tion 01 the r>esoIu1ien. Seconded
by Councilman Bitter. Carried by
the foJlowing vote:
Yea:a - Mayor ModdenI>auer,
Councilmen Bit t e r, JWltIl1lalll1,
Pregler, Thoms.
Nays-NODe.
RESOLUTION NO. 409-72
WHEREAS, app1òcations for li-
quor licenses were filed by the
within nwmed IIIPplicants and they
have recelived the a~oval of this
Council, aud
WHEREAS, the premises to be
occu¡pied by such applicants were
inspec,OOd and found to comply with
the State Law aDd IdI City or-
diIDances reJev>ant thereto and they
bave flied proper bonds,
NOW THEREFORE BE IT BE-
SIOINEiD by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named ap-
plicants a liquor Jioce.nse.
C-LAS$ "C" (COMMERIOAL)
BEER & LIQUOR LICENSE
Robert C. Barker, 10111 White Street
Passed, adopted IIIld 1i I Jl'OV'Cd
this 18th day of December, 1972.
Wayne A. MoJdenbauer
May....
Waiter A. PregJer
Alian T. Thoma
C. Robert Jnstmam
Joseph J. Bitter
CounciJ,men
Special Session, December 18, 1972
ment of II! clias's B beer License,
for 1105 Loras. I
Councilman Bitter mO'-'ed that
the application be den!ed. Second"
ed by Mayor MoJdenhauer. Car-
ried by the following vote:
Yea. - Mayor Moldenhauer,
Oounci)men Bitter, Preg, er, Thoms
Nays - Councilman Just_un.
There being no further business
Councilman Pregler mO\>ed to ad"
joum. Seconded by Councilman
Bitter. Carried hy the following
vote:
Yeas - M'ayor Molclenh.auer,
Councilmen Bitter, Jusimann,
Pregler, Tboms.
Nays - None.
Leo F. Frommelit
City 0le11k
Approved """"""""""""""""",,1973/
Adopted ......................................1973 I
............................................................
""""""""""""""""""""""""""""""
.....................................................-......
Attest:
ùeo F. Fromme!l:
City CIeri:
Counciilwm Pregler moved adop-
tion of the reaolution. Seconded
by CoUIJICÎ!man Bitter. Carried by
lIhe fo11owmg vote:
Yeas - :Mayor MoJdenilaller,
Councilmen Bitt e r, Justmann,
Pregle.r, Tholl1&.
Nays - None.
Mayor Moldenhauer's wee~
mayor's repol:lt, dated iDecember
17, 1972, presented for the record.
Councilman Pregier moV'Cd that
the comml11ÙCatioD be received and
iiiled. SeC()nded by Councilman Bit-
ter. Carried by tile fDIlowing vote:
YeH - Ma:vor Mokleilhauer,
C<>nnci!.men Bit t e r, Just-...,
Pregler, Thoms.
Nays - None.
Mr. Phil Langa. a'fIain addreaaed
the Council relatWe to Iihe procure-
............................................................
Councilmen
Attest: """"ëiiÿ"ci~~k:"""""""""""