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Y Roll_36 Part 02350 Special Session, August 24, 1970 CLASS "C" COMMERCIAL ESTABLISHMENT James Richard Bainbridge, 1375 Locust Street Passed, adopted and approved this 24th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Abent—Councilman Couchman. RESOLUTION NO. 259-70 WHEREAS, applicants for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT James Richard Bainbridge, 1375 Locust Street Passed, adopted and approved this 24th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mavor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent—Councilman Couehman, RESOLUTION NO. 260.70 WHEREAS, on January 19, 1970 the Council of the City of Dubu. que, Iowa by Resolution No. 18.70 duly adopted and declared its in- tention after public hearing to dispose of the Northerly 65 feet of the East erly 94 feet and the Northerly 50 feet of the Westerly 65 feet of Parcel I of Block l in the Downtown Urban Renewal Project, Iowa R-15; which is the same real estate sub- sequently platted and described as Lot 2 of Block 6 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, containing 9,356.70 square feet, more or less to Joseph R. Sherman and Doris M. Riekena in accordance with the terms of the Disposition Docu- ments governing such sale, on file in the office of the Department of Urban Renewal; and WHEREAS, on March 2. 1970 after public hearing, Resolution No. 50.70 was duly adopted by the Council of the City of Dubuque, Iowa, authorizing the execution of a contract for the sale of the land to Joseph R. Sherman and Doris M. Riekena for the sum of $23,- 400.00; and WHEREAS, the said Josrph R. Sherman and Doris M. Riekena have caused to be organized an Iowa corporation known as the R & S Enterprises, Inc., of which they are the sole stockholders, and have requested that the corpora- tion be permitted to purchase said real estate upon the same terms and conditions as offered to them individually, and have requested that the contract for the sale of the real estate be executed by the corporation in lieu of them; and WHEREAS, the Council of the City of Dubuque, Iowa is agreeable to R & S Enterprises, Inc. purchas- ing said real estate in lieu of Jo- seph R. Sherman and Doris M. Riekena upon the same terms and conditions; and WHEREAS, on August 6, 1970 the Contract for the sale of the land in question for private rede- velopment was executed by and between the City of Dubuque, Iowa and R & S Enterprises, Inc.; and WHEREAS, the R & S Enterpris- es, Inc. has complied with the terms of the contract, and the Special Session, August 24, 1970 351 SECTION 3. That the City Clerk he and is hereby authorized and corporation. Joseph R. Sherman and Doris M. Rickena have re- quested that the Deed to said land be issued to the corporation; NOW THEREFORE, BE IT RE SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That. the Mayor and City Clerk are hereby authorized and directed to execute a Deed for the sale of the following described real estate to R & S Enterprises, Inc. Lot 2 of Block 6 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, containing 9,356.70 square feet, more or less. Section 2. That the Director of the Department of JTrban Renewal is hereby authorized and directed to deliver said Deed to R & S Enterprises, Inc. upon receipt of the purchase price of $23.391.75 on the basis of $2.50 per square foot. Passed, approved and adopted this 24th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Mnldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitted moved adop tion of the resolution. Seconded by Mavor Meyers. Carried by the fol lowing vote: Yeas — Mayor Meyers, Council men Bitter, Moldenhauer, Pregler Nays — None. Abs^nt—Councilman Couchman RESOLUTION NO. 241.70 WHEREAS, William Woodward has heretofore petitioned the Citv Council for vacation of "vacated Prospect Street" and conveyance thereof to him, and WHEREAS, at a public hearing before the City Council, City of Dubuque, Iowa ohiections thereto were made by William .T. Klauor and claiming an interest in said vacated Prospect Street, and WTIEREAS, the City Council of the City of Dubuque, Iowa ordered the City Attorney to prepare al- ternate proceedings to thr end that the said "vacated Prospect Street" be platted and one-half thereof be conveyed to William Woodward and the other half thereof be conveyed to William .T. Klauer for the respective con- sideration of $1,000.00 each; NOW THEREFORE BE IT RFS SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That disposal of Lot 32 A "Coriell's Dubuque" in the City of Dubuque, Iowa to William .l. Klauer for the sum of $1,000.00 plus the prorata share of publica- tion cost be and the sarne is here- by approved. Section 2. That the conveyance of Lot 40 A "Coriell's Dubuque" in the City of Dubuque, Iowa to William Woodward and Beverly Woodward. his wife, as joint ten- ants, for the consideration of $1,. 000.00, less the portion of City tax- es which has been paid by the said William Woodward and plus the prorata share of publication cost, he and the same is hereby ap- proved. Section 3. That the said William .T. Klauer and the said William Woodward shall share equally in the cost of preparation of plat. Section 4. That the City Clerk be and he is hereby directed and ordered to cause notice of intent to dispose of the foregoing de- scribed real estate to the forego- ing respective named parties to be published as is by law requir. ed. Passed, approved and adopted this 24th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler Nays — None. Absent—Councilman Couchman 352 Special Session, August 24, 1970 RESOLUTION NO. 262.70 WHEREAS, the sessions have been under way and between the County of Dubuque, Iowa and the City of Dubuque, Iowa relating to the erection of a limited joint law enforcement center in the City of Dubuque, Iowa, and WHEREAS, the Board of Super- visors of Dubuque County, Iowa and the City Council of the City of Dubuque, Iowa met in informal session in the Courthouse in Du buque County, Iowa on the 24th day of August, 1970 to discuss ways and means of effecting such as joint facility and the financing thereof, and WHEREAS, the respective gov- ernmental bodies were in accord that efforts should be made in order to complete a study and pro ceedings preparatory to placing the question of financing this facility from general obligation bonds to be paid by Dubuque County and the City of Dubuque, respectively; before the respective electorates. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the City Council of the City of Dubuque, Iowa does hereby lend its favor to the con- cept of a joint law enforcement center and to that end does hereby instruct and direct the City Man ager and the City Attorney to make an immediate study of th^ question with a view in mind of recommending to the City Council at its regular monthly meeting in September as to the feasibility of placing upon the ballot in the No vember election the question of whether or not the City of Dubu que, Iowa shall issue, in an inde- terminate amount, bonds to defray the cost of the erection and the in- stallation of such facility and to do any and all things necessary and indicated to advise the Coun- cil as to a course of action relating thereto at that time. Section 2. That the City Clerk be and he is hereby authorized and directed to transmit a certi- fied copy of this Resolution to th^ Board of Supervisors of Dubuque County, Iowa. Passed, approved and adopted this 24th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved ad. option of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent—Councilman Couchman. RESOLUTION NO. 263.70 WHEREAS, plat dated October 17, 1969 prepared by Bartels, Mc- Mahan, LeMay, Baas and Baule engineering company, covering the Southwest quarter of the North east one-quarter of Section 35 and the Southeast one-quarter of the Northeast one-quarter of Section 35, each being in Township 88 North, Range 2 east of the 5th P.M. in Dubuque County, Iowa, and WHEREAS, said plat conforms to the laws and statutes pertaining thereto; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated October 17, 1969 prepared by Bar- tels, McMahan, LeMay, Baas and Baule Engineering Company, cov- ering the real estate hereinabove described be and the same is here- by approved. Section 2. That the City Clerk be and he is hereby authorized and directed to file said plat and this Resolution in the office of the Recorder in and for Dubuque County after Fred Klett and Kath- ryn Klett have executed said plat. Passed, approved and adopted this 24th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Special Session, August 24, 1970 353 Councilman Pregler moved ad- option of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent—Councilman Couchman. RESOLUTION NO. 26470 NNIHER.EAS, plat dated October 17, 1970 prepared by Bartels, Me - Mahan, LeMay, Haas and o Baum Engineering company, the Northeast One-quarter of the Northwest One-quarter of Section 35; and the Northwest One-quar- ter of the Northeast One-quarter of Section 35; and the Southwest one-quarter of the Northeast one quarter of Section 35. and the Southeast one-quarter of the Northeast one-quarter of Section 35; each being in Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque County. Iowa. and WHEREAS, said plat conforms to the laws and statutes pertaining thereto; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated October 17, 1969 prepared by Bar- tels, McMahan, LeMay, Haas and Baule Engineering Company. cov- ering the real estate hereinabove described be and the same is here- by approved. Section 2. That the City Clerk be and he is hereby authorized and directed to file said plat and this Resolution in the office of the Recorder in and for Dubuque County after Merlin H. Bradley and Dorothy R. Bradley, husband and wife, and Fred Klett and Kathryn Klett, husband and wife, have executed said plat. Passed, approved and adopted this 24th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved ad- option of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mnyor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 265.70 WHEREAS, City of Dubuque, Iowa has heretofore condemned a parcel of real estate presently de- scribed as Lot 2 of the Subdivision of Lot 1 of the SWua of the NEy4, Section 25, Township 88 North, Range 2 Fast of the 5th P.M. in Dubuque County, Iowa, and like- wise, has acquired the prop^rty presently described as Lot 2 of the NW'/4 of NEv4 in Section 35, Township 88 North, Range 2 East of the 5th P.M. in Dubuque Coun- ty, Iowa and that said acquisition was for Municipal Airport purpos- es, and WHEREAS, it is necessary to grant an easement unto the pre- vious owner thereof for the pur- pose of access to and from the re- mainder of the real estate which is owned by Fred E. Klett for necessary farming access purpos- es, and WHEREAS, a grant of easement, form of which is hereto attached, should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNrIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the grant of easement unto Fred Klett and Kathrvn Klett, husband and wife, granting a permanent easement for necessary farming, access pur- poses across the Westerly thirty (30) feet of said Lot 2 of the Northwest One -Quarter of the Northeast One-quarter of Section 35, Township 88 North, Range 2 Fast of the 5th P.M. in Dubuque County, Iowa be and the same is hereby approved. Section 2. That the Mayor and the City Clerk be and they are hereby authorized and directed to execute said Grant of Perpetual Fastment for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk is hereby directed to transmit said Grant of Easement to the City At- torney for delivery due to the 354 Special Session, August 24, 1970 Grantees at such time as in hip judgment appeals from Sheriff's award have been settled or dis- posed of. Passed, approved and adopted this 24th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldnhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved ad option of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays—None. Absent—Councilman Couchman RESOLUTION NO. 266-70 WHEREAS, City of Dubuque, Iowa has heretofore condemned a parcel of real estate presently &- scribed as Lot 2 of Lot 2 of Lot 1 of the Northeast. One-quarter of the Northwest one-quarter of Sec- tion 35, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa and that said acquisi- tion was for Municipal Airport purposes, and WHEREAS, it is necessary to grant an easement unto the pre vious owners thereof for the pur pose of access to and from the re- mainder of the real estate which is owned by Merlin H. Bradley and Dorothy R. Bradley, husband and wife, for necessary farming access purposes, and WHEREAS, a grant of easement form of which is hereto attached should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the grant of easement unto Merlin H. Bradley and Dorothy R. Bradley, husband and wife, granting a permanent easement for necessary farming access purposes across the easterly thirty (30) feet of said Lot 2 of Lot 2 of Lot 1 of the Northeast one-quarter of the Northwest One- quarter of Section 35, Township 83 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa be and the same is hereby approved. Section 2. That the Mayor and the City Clerk be and they are hereby authorized and directed to execute said Grant of Perpetual Easement for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk is hereby directed to transmit said Grant of Easement to the City Attorney for delivery to the Gran- tees at such time as in his jude- ment appeals from the Sheriff's award have been settled or dis- posed of. Passed. approved and adopted this 24th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved ad- option of the resolution. Seconded by Mavor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays—None. Absent—Councilman Couchman. Mr. Tom Graham of the Down- town Merchants group and head of the Town Clock Committee an- nounced that the 'Town Clock fund is 80% complete and requested that the bid for removing the clock be awarded at this lime in the light of the favorable bids re- ceived. Mike King, Dubuque Opti mist Club, and head of the auction committee, Terry Carlson of the Sertoma Club, Tom Riley of the Jaycees, all submitted a report on the progress of collection for the Town Clock removal project and stated further that they were confident the balance could be col- lected. Special Session, August 24, 1970 355 August 24, 1970 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 o'clock a.m. on Wednes day, August 19, 1970 for the Re- moval, Refurbishing and Reloca- tion of the Town Clock. The following is a tabulation of the proposals received along with the Engineer's estimate: Engineering Estimate ....$19,850.00 Walser Rapid Transit Company ...................... 20,896.00 Fondell & Sons, Inc. .... 20,997.51 Midwest Helicopter Air- ways, Incorporated .... 22,700.00 The low bid was submitted by Walser Rapid Transit Company of Dubuque, Iowa. Their bid was 527% over the Engineer's esti- mate. To date Your Town Clock Com mittee has raised over two-thirds of the necessary funds for the completion of the total project. The funds pledged to date would almost suffice for the construction of the new pedestal and the erec tion of the renovated structure on the new tower. All that would remain is the installation of the clock mechanism, minor interior framing and the payment of the Architect's fee. Because of the en thusiastic response of the citizens of Dubuque to this project and be cause we dare not stifle this mo mentum, I must recommend we proceed with this first phase of this project, based on the com mittee's assurance that the re maining funds will be secured. Respectfully submitted Gilbert D. Chavenelle City Manager Councilman Pregler moved ap proval of the Manager's recom mandation. Seconded by Council man Bitter. Carried by the fol lowing vote: Yeas — Mayor Meyers, Council men Bitter, Moldenhauer, Pregler. Nays—None. Absent—Councilman Couchman. (Awarding Contract) RESOLUTION NO. 261-70 WHEREAS, sealed proposals have been submitted by contract ors for the TOWN CLOCK REMOVAL & RELOCATION PROJECT pursuant to Resolution No. 217-70 and notice to bidders published in a newspaper published in said City on August 6, 1970 and August 13, 1970; and WHEREAS, said scaled propos- als were opened and read on Aug- ust 19, 1970, and it has been deter- mined that the bid of Walser Rap- id Transit Company, Inc. of Du- buque, Iowa in the amount of $20,896.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above m:�ntioned improvement be award- ed to Walser Rapid Transit Com- pany, Inc, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Approved and placed on file for one week on August 24, 1970. Passed and adopted this 24th day of August, 1970. Donald R. Meyers Mayor Waller A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk. Councilman Bitter moved adop tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays—None. Absent—Councilman Couchman. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman 356 Special Session, August 24, 1970 Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays—None. Absent—Councilman Couchman. Leo F. Frommelt, City Clerk. Approved Adopted January 4, 1971 Adopted January 4, 1971 City Clerk Regular Session, September 7, 1970 357 CITY COUNCIL OFFICIAL REGULAR SESSION, SEPTEM- BER 7, 1970. No members of the City Council being present the meeting was ad- journed subject tocall. Ixo F. Frommelt, City Clerk. Approved January 4, 1971 Adopted January 4, 1971 Adjourned Regular Session, Septeniber 8, 1970 (ITY (OUNCIL OFFICIAL Adjourned Regular Session, Sep- tember 8, 1970. Coumii mel at T.30 P.M. (Car.- tral Daylight Time) Present—Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. City Manager Gil- bert D. Chavenelle. Mayor Meyers read the call and stated that service thereof had been duly made this being an AD- JOURNED MEETING of the REG- ULAR MONTHLY MEETING OF SEPTEMBER 7, 1970, called for the purpose of acting upon such business as may properly come before the meeting. August 25, 1970 To the Honorable Mayor and City Council This is to advise that I have ap- proved the following policies and desire to have your approval on same. COMPREHENSIVE LIABILITY Louis Buechel, United States Fi- delity & Guaranty Co. Conrad Paint & Hardware, Inc. and Conrad Plumbing & Heat- ing, Inc., Hartford Fire Insur. ance Company Wayne Stewart, d/b/a Stewart Ex- cavation Company, American States Insurance Company Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved fil- ing approval subject to approval of the City Attorney. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. August 26, 1970 To the Honorable Mayor and City Council Gentlemen: A request has been made for a street light on Wilbur Street at the intersection with Alice Street. Presently there is a private light located on the lot side of a pole. It is recommended that this light be replaced by a city 4000 lumen incandescent light. The 4000 lumen incandescent light is recommended so that the appearance of the lighting will match other street lighting in the area. R 'Fpectfully requested, Gilbert D. Chavenelle. City Manager Councilman Couchman moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. September 8, 1970 To the Honorable Mayor and City Council Since the opening of the Iowa Street Parking Ramp, we have ob. served the functional operation of the Seventh Street entrance and because of the grade and the loca- tion of the ticket dispenser have determined it to be unsatisfactory. The architect has studied this problem and has prepared plans and specifications for the receipt of informal proposals on the min- or modifications required to alle- viate the situation. We will be receiving these infor- mal proposals in the near future and hope to have the necessary re- visions completed in approximately one month. Respectfully submitted, Gilbert D. Chavenelle. City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Printed Council proceedings for the month of May 1970 presented for approval. Councilman Pregler moved that the proceedings be ap- proved as printed. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Adjourned Regular Session, September 8. 1970 359 September 3, 1970 To the Honorable Mayor and City Council A request has been received from Mr. and Mrs. Earl Marsch and others for a street light at the intersection of Bunker Hill Road and Merfeld Lane. It is recommended that a 175 watt mercury vapor light be in- stalled at the location. Respectfully, Gilbert U. Chavenelle, City Manager Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Bitter Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. September 3, 1970 To the Honorable Mayor and City Council A request has been received from Mr. Joseph Sandman for a street light mar 164)5 Ohio Street. The area has been investigated and it is recommended that a 175 watt mercury vapor light be in- stalled on a pole now located on Pennsylvania just west of Ohio Street. Respectfully, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the recommendation Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council m: n Bitter, Couchman, ]Holden hauer, Pregler. Nays—None. September 8, 1970 To the Honorable Mayor and City Council Gentlemen: The Fire Department has con, pleted vacating the old Central Fire Station at 9th and Iowa Streets, and the structure will be turned over to the Department of Urban Renewal for demolition on Wednesday, September 9th. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Council- man Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Communication of Low -Rent Housing Commission, Hal F. Rey- nolds, Chairman, submitting a transcript of the minutes of their meeting held on the 18th day of August 1970. adopting By -Laws, Rules and Regulations governing its organization and procedures, presented andl read. Councilman Precler moved that the communi- cation be received and filed. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Communication of League of Women Voters urging action to revise precinct boundaries to cor- respond with latest population fig- ures, presented and read. Council- man Bitter moved that the com- munication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Councilman Aloldenhauer fur. ther moved that the communica. tion be referred to the City Man. ager for a reply. Seconded by Councilman Couchman. Carried by the following vote: Yeas -- Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Communication of Yvor E. Stoakley extending his sincere thanks to the City officials and employees with whom he worked over the past summer as a repre- sentative of KDTH, presented and read. Mayor Meyers moved that the communication be received and filed and that the Clerk be instructed to express appreciation. Seconded by Councilman Molden. 360 Adjourned Regular Session, September 8, 1970 hauer. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays --None. Communication of W i 11 i a in Woodward commending the selec- tion of the Dubuque Advisory Commission members thus far, however requesting appointment of the remaining vacancy, present- ed and read. Councilman Bitter moved that the communication be received and filed, after Mr. Wood- ward was assured that the vacancy would be filled shortly. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Invitation to bid for Town Clock Removal and Relocation Project, presented and read. Councilman Bitter moved that the proof of publica. tion be received and filed. Sec• ondel by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Notice of Claim of Ronald Leroy and Agnes Ingles, in the amount of $30,000 for personal injuries re- ceived by said Leroy Ingles as the result of a bullet being fired by a member of the Police Depart- ment after a chase into Illinois while being caught in a law viola- tion on July 19, 1970, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden hauer, Pregler. Nays—None. Notice of Claim of Mrs. Minnie Ward, in an undetermined amount, for personal injuries received in a fall on a defective sidewalk at 1517 Maple Street on July 31, 1970, presented and read. Council. man Pregler moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays—None. ORDINANCE NO. 46-70 An Ordinance Amending and Changing Ordinance No. 3.34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa," so as to change that portions of property located in Sw114 of NW?/4 Sec, 24 T. 89 N. R. 2 E. of 5th P. M.—Lot 1 of 1 of 2, Lot 1 of 6, Lot 2 of 7, Lot 2 of 6, Lot 3 of 6, Lot 2 of 5, Lot 2 of 1 of 5, Lot 1 of 1 of 5, and Lot 3 of 3 all in L. H. Langworthy's Sub. Lot 1 and Lot 2 of M. A. Rebman's Sub. of Lot 1 of Lot 4 of L. H. Langworthv's Sub.—Lot 2 of 2 of City Lot 674, Lot 2 of 5 of City Lot 674, Lot 2 of I of 3 of City Lot 674, Lot 1 of 1 of 3 of City Lot 674, Lot 2 of 3 of City Lot 674, Lot 4 of City Lot 674 and Lot 7 of City Lot 675 all in the City of Du- ouque, Iowa, Lot 1, Lot 1 of 1 of 2, Lot 2 of 1 of 2, and Lot 2 of 2 in Duncan's Sub. from "Single Family Residence Dis- trict" Classification to "Multi- ple Family Residence District" Classification, (located along Clarke Drive & Heeb Street). Presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Adjourned Regular Session, September 8, 1970 361 Councilman Couchman moved that a public hearing be, held on the Ordinance on October 5, 1970, at 7:30 o'clock P.M. in the Coun- cil Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded byfollow inn otegler. Carried by the Yeas — Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Dubuque Community School District requesting annexa- tion of the Table Mound Elemen- tary School Site, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter. Couchman, Molden. hauer, Pregler. Nays—None. Petition of John L. & Mary Lou Kennedy requesting rezoning of Lot 2 of 1 of i of 1 of 1 of 1 of 1 of M. L. 342; I.ot 2 of 1 of 1 of 1 of 1 of 1 of M. L. 342; Lot 1 of 1 of 1 of 1 of 1 of M. L. 343; Lot 1 of 1 of 1 of 1 of Olds Place (east side of N. Grandview between Kaufmann and Kane Streets), pre- sented and read. Mayor Meyers moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Dubuque Downtown Assn. requesting permission to proceed with a promotion called Treasure Chest upon completion of the Pedestrianway, November 12, 13, 14, presented and read. Councilman Pregler moved that the petition be granted subject to approval of the City Manager and staff. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Coun• cilmen Bitter, Couchman, Molden• hauer, Pregler. Nays --None. Petition of Madeline Papin re- questing a refund of $75 on the unexpired portion of cigarette li- cense No. 152, as she has discon- tinued business on August 31, 1970, presented and read. Mayor Meyers moved approval of the re- fund and the Auditor be instruct- ed to issue proper warrant. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Amvets requesting permission to sell white clovers on September 25th and 26th, present- ed and read. Councilman Pregler moved that the petition be granted contingent upon approval of the City Manager. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice of Levy of Special Assessment and intention of the council to issue bonds for the construction of City of Dubuque 1969 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1, on the following named streets: 1. Pennsylvania Avenue from W.P.I.. of Key Knolls Sub. to W.P.L. of Lot 2.1 E% of SWV4 Sec. 21, T. 89 N. R. 2E. 2, Wacker Drive patching be- tween J. F. K. Road and U.S. 20. 3. John F. Kennedy Road patch - int; between Pennsylvania Avenue and University Avenue. 4. Central Avenue from S.P.L. of Fulton School to a point 100' north of West 32nd Street, pre• sented and read. Councilman Bitter moved that the proof of publication be re. ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Statement of City Clerk certify. ing that notices of levy were mailed by certified mail on Au. 362 Adjourned Regular Session, September 8, 1970 gust 11, 1970 to property owners of record subject to assessment to pay for cost of constructing City of Dubuque 1969 Hot Mix -Hot Laid Asphaltic Concrete Paving Proj- ect No. 1, presented and read. Councilman Pregler moved that the statement be received and filed. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Statement of Barb Huner, a member of the Engineering De. partment, certifying that notices of levy were posted in the asses- sable area on August 18, 1970, of the City of Dubuque 1969 Hot Mix - Hot Laid Ashaltic Concrete Paving Project No. 1, presented and read. Councilman Pregler moved that the statement be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays—None. RESOLUTION NO. 267-60 Schedule of Assessment RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for construction of CITY OF DUBUQUE 1969 NOT MUX. NOT LAID ASPHALTIC CON- CRETE PAVING PROJECT #1 on: 1. Pennsylvania Avenue from W. P.L. of Key Knolls Sub, to the W.P.L. of Lot 2-1 of E% of SW 1.4 of Section 21, T. 89 N. R. 2E. 2. Wacker Drive patching between John F. Kennedy Road & U. S. X20. 3. John F. Kennedy Road patching between Pennsylvania Avenue and University Avenue, 4. Central Avenue from S.P.L. of Fulton School to a point 100' north of West 32nd Street, by Mul- grew Blacktop Inc., Contractor, in front of and adjoining the same, a special tax is hereby levied on the several lots, and parts of lots, •ind parcels of real estate all as named, situated and owned, and 'or the several amounts set oppo- site each lot or parcel of real estate, as set forth in the follow- inh schedule. CITY OF DUBUQUE 1969 HOT MIX—HOT LAID ASPHALTIC CONCRETE PROJECT NO. 1 Assessable City Share Proiect Total Construction Cost ............................$15.78418 $53234.95 $69,019.03 10% Engineering Expense ............ 1,578.42 5,323.48 6,901.90 5%, Interest — 52 days .................... 114.00 -0- 114.00 Total Cost ........................................$17,476.60 $58,558.33 ^$76,034.93 SCHEDULE OF ASSESSEMENTS For City of Dubuque 1969 Hot Mix—Hot Laid Asphaltic Concrete Paving Project No. 1 Dubuque Community School District, Lot 1-2, E. 1/2-S.W. '/4 Sec. 21—T. 89N-R2E......................... .....................$ 2,834.23 Dubuque Community School District, Lot 2-1, E. 1/2-S.W. 1/4 Sec. 21—T. 89N-R2E8,528.48 ....................................................... Sisters of the Presentation, Lot 1-2, Byrnes' Subdivision ............ 260.85 'Sisters of the Presentation, Lot 3, Byrnes' Subdivision ............ -0- ••Ret Corporation, Lot 1, N.E. 1/4-N.W. 1/4 -Sec. 28-T. 89N -112E.... -0- 'Outside City Limits—Assessment paid by City of Dubuque: $11,823.56 Sisters of the Presentation Lot 3, Byrnes' Subdivision .. 12.13 **Property Purchase Agreeemnt—Assessment paid by City of Dubuque: Ret Corporation, Lot 1, N.E. 1/41N.W. 1/4 -Sec - 28 -T. 89N-R2E ......... ......................... 5,840.91 .............................................. $17,476,60 0 Adjourned Regular Session, September 8, 1970 383 565 Cu. Yds. Excavation c,' $1.35 ............................................$ 762.75 723 'Ions A.C. Binder Course (g $10.25 ................................ 7,410.75 682.5 Tons A.C. Surface Course 01 $10.25 ................................ 6,995.63 1325 Gals. Prime Coat MC -70 (it 50.23 .................................... 304.75 375-70 (a. $0.28 ........................................ 105.00 Gals. Tack Coat RC 1131.5 Total Cost Asphalt Treated Base C0) $6.14 .................... 17,130.60 TotalCost......................................................................................$36,556.58 LessCity Share............................................................................ 20,772.40 AssessableShare.......................................................................... 15,784.18 10% Engineering Expense........................................................ 1.578.42 5% Interest — 52 days................................................................ 114.00 Total Assessable Amount........................................................$17,476.60 Passed, adopted and approved this 8th day of September 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhaucr Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to authorize the is- suance of street improvement bonds in the amount of $17,000 to provide for payment of the as- sessed cost of City of Dubuque 1969 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time of the public hearing. Councilman Bitter moved that the proof of publication be re ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Peas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 268-70 Resolution Providing for the Is- suznce of Street Improvement Bonds for the Purpose of Pro- viding for the Payment of the Assessed Cost of the City of Du. buque 1969 Hot Mix -Hot Laid Asphaltic Concrete Paving Proj- ect No. 1. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvements hereinafter described has been "ompleted and the City Manager has certified the completion there- qf to the City Council and the City Council has ascertained the cost thereof and has determined that $17,476.60 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by lace, has been published by the City Clerk statin the inten- tion of the City Council to issue bonds for the purpose of provid- ing for the payment of the assessed cost, of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; NOW THEREFORE BE 1T RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of the City of Dubuque 1969 hot mix -hot laid asphaltic concrete paving pro- ject no. 1 on the following named streets; 1. Pennsylvania Avenue—from W.P.L. of Key Knolls Sub. to W.P.L. of Lot 2-1 of Eli of SW'/4 of Section 21, T. 89 N. R. 2 E. 364 Adjourned Regular Session, September 3, 1970 2. Wacker Drive -patching be- tween J.F.K. Road and U.S. X20. 3. John F. Kennedy Road - patching between Pennsylvania Avenue and University Avenue. 4. Central Avenue -from S.P.L. of Fulton School to a point 100' north of West 32nd Street, there shall be issued street improvement bonds in the amount of $17,000.00 in anticipation of the deferred payment of assessments levied for such improvement. 2. Such bonds shall be called street improvement bonds; and shall bear the date of October 9, 1970; and shall be numbered con- secutively; and they shall be num- bered, divided into series, and b2 in such denominations and for such maturity dates as are shown in the following table: Series No. 1, Bond 4, No. 1523- 1526 Den. $500, Matur. April 1, 1970, Amount $2,000.00 Series No. 2, Bond 4, No. 1527- 1530, Den. $500, Matur. April 1, 1971, Amount $2,000.00 Series No. 3, Bond 4, No. 1531- 1534, Den. $500, Matur. April 1, 1972, Amount $2,000.00 Series No. 4, Bond 4, No. 1535- 1538, Den. $500, Matur. April 1, 1973, Amount $2,000.00 Series No. 5, Bond 3, No. 1539- 1541, Den. $500, Matur. April 1, 1974, Amount $1,500.00 Series No. 6, Bond 3, No. 1542- 1544, Den. $500, Matur. April 1, 1975, Amount $1,500.00 Series No. 7, Bond 3, No. 1545- 1547 Den. $500, Matur. April 1, 1976, Amount $1,500.00 Series No. 8, Bond 3, No. 1548. 1550, Den. $500, Matur. April 1, 1977, Amount $1,500.00 Series No. 9, Bond 3, No. 1551. 1553, Den. $500, Matur. April 1, 1978, Amount $1,500.00 Series No. 10, Bond 3, No. 1554- 1556, Den. $500, Matur. April 1, 1979, Amount $1,500.00 3. Said bonds shall bear interest at the rate of seven per cent per annum payable semiannually in accordance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub stantially the following form: No. ........................................................ Series No ...................... CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear• er hereof, the sum of five hundred dollars with interest thereon at the rate of seven per cent per annum, payable semi annually, on the presentation and surrender of the interest coupons hereto at- tached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1966 Code of Iowa, as amended, and the Resolution of said City duly passed on the eighth day of Sep- tember, 1970, being Resolution No. 268.70. This Bond is one of a series of 34 bonds, all for $500.00 numbered 34 bonds, all for $500.00 num- bered from 1523 through 1556, all of like tenor and date, and issued for the purpose of provid• ing for the payment of the as- sessed cost of the City of Dubuque 1969 hot mix -hot laid asphaltic concrete paving project no. 1 as described in said Resolution, in said City, which cost is payable by the abutting and adjacent prop- erty along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1281 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recit- ed that all the acts, conditions and things required to be done, precedent to and in issuing this series of bonds, have been done, happened, and performed, in reg- ular and due form, as required by law and said Resolution, and for the assessment, collection and pay- ment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby ir- revocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed Adjourned Regular Session, September 8, 1970 365 by its Mayor and countersigned by the Citv Clerk and the Seal of said City to be thereto affixed. this eighth day of September, 1970. (SEAL) Mayor City Clerk (Form of Coupon) On the ............ day of ................. the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vides in said bond, the sum of Dollars, in the office of the City Treasurer in the City of Dubuque, being ........ monthz' nterest due that date on its ....... ........... Bond No ............. dated ...... Mavor City Clerk 6. That the Alayor and City Clerk be and they are hereby in structed to cause said bonds to b; 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 deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund 1281 and paid out by him to pay the cost of said contract. 8. That the interest coupons at tached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, the City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by regular United States mail ad- dressed to the last known address of the purchaser. Passed, adopted and approved this eighth day of September, 1970. Donald R. Meyers Mayor Walter A, Pregler Wayne A. Moldenhauer Gaylord At. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas --Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Proofs of Publication, certified to by the Publishers, of Notice of Levy of special Assessment and Intention of the City Council to issue bonds for the construction of John F. Kennedy Road Sanitary Sewer 1969 from Kaufmann Ave- nue northerly to Old Timers Ath- letic Club Place, presented and read. Councilman Bitter moved that the proof of publication be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Meyers. Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Statement of City Clerk certify. ing that notices of levy were mailed by certified mail on July 30, 1970, to property owners sub ject to assessment to pay for as- sessed cost of constructing John F. Kennedy Road Sanitary Sewer 1969 from Kaufmann Avenue northerly to Old Timers Athletic Club Place, presented and read. Councilman Bitter moved that the statement be received and filed. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Statement of Barb Bruner, cer- tifying that notices of levy of Assessment were posted on Au. gust 5, 1970, in the assessable area of the John F. Kennedy Road Sanitary Sewer 1969 from Kauf. mann Avenue northerly to Old Timers Athletic Club Place, pre- sented and read. Councilman Bit- ter moved that the statement be received and filed. Seconded by 366 Adjourned Regular Session, September 8, 1970 Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers. Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 269-70 Schedule of Assessment RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for construction of John F. Kennedy Road Sanitary Sewer 1969 from Kaufmann Ave. northerly io Old Timers Athletic & Supper Club Place Project No. 1, by Dick Schiltz & Sons Con- struction Co., Contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for several amounts set op- posite each lot or parcel of real estate as set forth in the follow- ing schedule. For John F. Kennedy Road Sanitary Sewer 1969 from Kaufman Ave. northerly to Old Timers Athletic Club Place Herschel T. & Lela M. Henry, 2-1-2-E. 2 Ac. -1 J. P. Mettels Sub. #2....$ 505.56 Herschel T. & Lela M. Henry, 2-1-1-2-E. 2 Ac. -1 J. P. Mettels Sub. #2 .... 505.56 Herschel T. & Lela M. Henry, 1.1.1.2-E. Ac. 1 J. P. Mettels Sub. #2 .... 609.72 John & Fannie Sitterly, 2-2-E. 2 Ac. -1 J. P. Met. tels Sub. #2 ................ 939.14 Charles & Carol Heeren, 2-1.2 S. %-2-1-Min. Lot 452 ...... . ........................... 718.66 Carl J. Lemmer, 2-1-1.2 S. Vz-2-1-Min. Lot 452 .... 760.25 Arthur W. & Margaret Pins, Old Timers Ath- letic & Supper Club Place ................................ 874.29 $4,913.18 City Share on 160' of Lot $1,216.40 All Cost of Sod ................ 305.59 100 Lin. Lt. of 8" Pipe @ $4.20 ................................ 420.00 $1,941.99 (City Share) ..................$1,941.99 Total Cost: ....................$6,855.17 All of which is assessed in pro. portion to the special benefits con. ferred. Passed, adopted and approved this 8th day of September 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop. tion of the resolution. Seconded by Mayor Aleyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of hearing to authorize the issuance of $4,500 sewer bonds to provide for the payment of the assessed cost for constructing the John F. Kennedy R o a d Sanitary Sewer 1969 from Kaufmann A v e n u e northerly to Old Timers Athletic Club Place, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Couchman moved that the proof of publication be re- ceived and filed. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 270.70 RESOLUTION providing for the issuance of sewer bonds for the purpose of providing for the Payment of the assessed cost of the John F. Kennedy Road San- itary Sewer - 1969 . from Kauf- mann Avenue northerly to Old Timers Athletic Club Place. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improve- ments hereinafter described has Adjourned Regular Session, September 8, 1970 387 been completed and the City Man- ager has certified the completion thereof to ouncil he ihasCas ertained l and the City the cost thereof and has deter- mined that $4.913.18 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro vided by law, has been published by the City Clerk stating the in tention of the City Council to issue bands for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have peen considered and determined: NOW THEREFORE BE IT RE SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay ment of the assessed cost of the John F. Kennedy Road Sanitary Sewer - 1969 - from Kaufmann Avenue northerly to Old Timers Athletic Club Place there shall be issued sewer bonds in the amount of $4,500.00 Dollars in anticipation of the deferred pay ment of assessments levied for such improvement. 2. Such bonds shall be called sewer bonds; and shall bear the date of October 9, 1970; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denom inations and for such maturity dates as are shown in the follow. ing table: Series No. 1, No. None, Den. None. Matur. .................... Series No. 2, No. 1558, Den. $500. Matur. April 1, 1971 Series No. 3, No. 1559, Den. $500, Matur. April 1, 1972 Series No. 4, No. 1560, Den. 5500. Matur. April 1, 1973 Series No. 5, No. 1561, Den. $500, Matur. April 1, 1974 Series No. 6, No. 1562, Den. $500. Matur. April 1, 1975 Series No. 7, No. 1563, Den. $500, Matur. April 1, 1976 Series No. 8, No. 1564, Den. $500, Matur. April 1, 1977 Series No. 9. No. 1565, Den. $5('0. Matur. April 1, 1978 Series No. 10, No. 1566, Den. $500. Matur. April 1, 1979 S. Said bonds shall bear interest atthe rate of seven per cent per annum, payable semiannually in accordance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No. ........................................................ SeriesNo . .......................................... CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, the sume of five hun- dred dollars with interest thereon at the rate of seven per cent per annum, payable semi annually, on the presentation and surrender of the interest coupons hereto at- tached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1966 Code of Iowa, rs amended, and the Resolution of said City duly passed on the eighth day of September, 1970, being Resolution \u. 270.70. This Bond is one of a series of 9 bonds, all for $500.00 num- bered from 1558 through 1566, all of like tenor and date, and issued for the purpose of providing for the payment of the assessed cost of the John F. Kennedy Road San- itary Sewer - 1969 - from Kauf- mann Avenue northerly to Old Timers Athletic Club Place as de• scribed in said Resolution, in said City, which cost is payable by the abutting and adjacent property alone; said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1280 created by the collection of said special tax, and said fund can be used for no other purpose. 368 Adjourned Regular Session, September 8, 1970 It is hereby certified and recited that all the acts, conditions and things required to be done, pre- cedent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and pay- ment hereon of said special tax. the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this eighth day of September, 1970. (SEAL) Mayor City Clerk (Form of Coupon) On the ............ day of ................I t 'he Cit> of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of ...........I.... Dollars, in the office of the City Treasurer in the City of Dubuque, being ........ months' in- terest due that date on its ........ ........ Bond No . ............ dated ....... Mayor City Clerk 6. That the Mayor and City Clerk be and theye are hereby instructed 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 deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund 1280 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, the City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by reg. ular United States mail addressed to the last known address of the purchaser. Passed, adopted and approved this eighth day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Mo!.denhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 271.70 Ratifying, confirming and adopt- ing the publication of notice of sale of Project Notes (Third Series 1970) and the receiving of proposals for the sale of said notes for the Downtown Urban Renewal Project Iowa R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque entered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, under date of April 7, 1969, the Council of the City of Dubuque adopted Resolution No. 87-69 authorizing to be issued, from time to time, Project Notes in connection with the Downtown Urban Renewal Project, Iowa R-15, in an aggregate principal amount outstanding at any one time of not to exceed $8,624,313; and WHEREAS, under date of May 11, 1970, the Council of the City of Dubuque authorized the issu- ance and sale of its Project Notes in the aggregate principal amount of $3,235,000 to finance certain undertakings in connection with Adjourned Regular Session, September 8, 1970 369 the Downtown Urban Renewal project, Iowa R-15; and WHEREAS,portion of he outstand- to refi. inga p Project Notes, it is necessary for the City of Dubuque to sell Project $Notes65 000; now eTies therefore totaling $ , BE IT RESOLVED BY THE COUNCII, OF TIIE CITY OF DU- BUQUE, IOWA: SECTION 1. That the publica- tion by the City Clerk, accordin.v to law, of the "Notice of Sale - project Notes" in the form of Exhibit "A" attached hereto and made a part hereof is hereby ratified, confirmed and accepted. SECTION 2. That the City Clerk be and he is hereby authorized and directed to accept and tab. ulate proposals for the sale of said notes and to send telegrams of acceptance to the low bidder or bidders all in accordance with instructions covering such transac tions as provided by the Depart ment of Housing and Urban De velopment, United States of Amer- ica. menica. SECTION 3. That a meeting of the Council of the City of Du- buque shall be held after the bid opening date of September 15, 1970, to adopt such resolution or resolutions necessary for the con summation of the sale of Project Notes (Third Series 1970) to the lowest bidder or bidders. Passed, approved and adopted this 8th day of September, 1970 Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Lc:o F. Frornmelt City Clerk NOTICE OF SALE — PROJECT NOTES CITY OF DUBUQUE (Name of Local Issuing Agency) Sealed proposals will be re ceived by City of Dubuque (here in called the "Kcal Issuing Agen vy") at Council Chambers, City Hall, 13th and Iowa in the Citi of Dubuque, State of Iowa 52001 until, and publicly opened at, one )'clock P.M. (E.D.S TJ on Septem- wr 15, 1970, for the purchase of '3,265,000 of Project Notes (Third ;cries 1970), being issued to aid n financing its project(s) as fol- ows: Amount $3,265,000 Series Third Series 1970 Maturity February 11, 1971 The Notes will be dated October 14, 1970, wil be payable to bearer on the Maturity Date, and will bear interest at the rate or rates per annum fixed in the proposal or proposals acepted for the pur- chase of such Notes. All proposals for the purchase of said Notes shall be submitted in a form approved by the Local Issuing Agency. Copies of such form of proposal and information concerning the Notes may be ob- tained from the Local Issuing Avency at the address indicated :ibove. Detailed information with respect to the conditions of this sale may be obtained from the September 1, 1.970 issue of The Daily Bond Buyer. CITY OF DUBUQUE By Leo F. Frommelt, City Clerk Councilman Bitter moved adop• tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 272.70 Subdividing certain lots in the Downtown Urban Renewal Proj- ect Area for public right.of-way and other purposes and amend- ing Resolution No. 53.70. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WIIEREAS, the City of Du- buque, pursuant to the Urban Re- newal Plan for said Project, has acquired real estate, relocated site occupants, demolished and re- moved site improvements, and has 370 Adjourned Regular Session, September 8, 1970 otherwise prepared certain land for reuse purposes; and WHEREAS, a plat subdividing certain lots for public right-of- way and other purposes has been examined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zoning Commission of the City of Dubuque, Iowa, and has its approval endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Dubuque, governing the subdivi- sion of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the plat dated July 10, 1969, of the Subdivision of the North 38 feet 6 inches of City Lot 219, the Subdivision of the South 12 feet 9 inches of City Lot 219, the Subdivision of City Lot 220, the Subdivision of City Lot 221, the Subdivision of Lot 2 of City Lot 222, the Subdivision of I.ot 1 of City Lot 222, the Sub- division of City Lot 223, the Sub- division of City Lot 224, the Sub- division of the North 21 feet 3 inches of City Lot 225. the Subdivi- sion of the South 30 feet 4 inches of City Lot 225, the Subdivision of City Lot 226, the Subdivision of City Lot 227, and of the Sub- division of City Lot 228, each in the City of Dubuque, Iowa, by Carl F. Bartels, Licensed Profes- sional Civil Engineer and Land Surveyor, be and the same is here. by approved. SECTION 2. That Section 3 of Resolution No. 53 adopted the 2nd day of March, 1970, as it hereto- fore existed be and the same is hereby repealed and declared null and void. SECTION 3. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. SECTION 4. That the City Clerk be and is hereby authorized and directed to file a copy of this Res- olution in the Office of the Coun- ty Recorder in and for Dubuque County, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 8th day of September, 1970, Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord At. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop. tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter. Couchman, Molden. hauer, Pregler. Naps—None. RESOLUTION NO. 273.70 Dedicating certain lots in the Downtown Urban Renweal Proj- ect Area for street purposes and amending Resolution No. 54-70 WIIEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Du- buque, pursuant to the Urban Re- newal Plan for said Project, has acquired real estate, relocated site occupants, demolished and re- moved site improvements, and has otherwise prepared certain land for reuse purposes; and WHEREAS, a plat dedicating certain lots for street purposes has been examined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zoning Commission of the City of Dubuque, Iowa, and has its ap- proval endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Dubuque, governing the subdivi- sion of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the plate dat- ed January 15, 1970, dedicating Lot 1 of North 38 feet 6 inches Adjourned Regular Session, September 8, 1970 371 of City Lot 219, Lot 1 of South 12 feet 9 inches of City Lot 219, Lot 1 of City Lot 220, Lot 1 of City Lot 221, Lot 1 of Subdivision of Lot 2 of City Lot 222, Lot 1 of Subdivision of Lot 1 of City Lot 222, Lot 1 of City Lot 223, Lot 1 of City Lot 224, Lot 1 of North 21 feet 3 inches of City Lot 225, Lot 1 of South 30 feet 4 inches of City Lot 225, Lot 1 of City Lot 226, Lot 1 of City Lot 227, and Lot 1 of City Lot 228, each in the City of Dubuque, Iowa, by Carl F. Bartels, Licensed Pro fessional Civil Engineer and Land Surveyor, be and the same is here- by approved, and the dedications of said lots for public street pur- poses as Iowa Street together with easements for public utilities as the same appears upon said plat, be and the same are hereby ac- cepted. SECTION 2. That Section 2 of Resolution No. 5470 adopted the 2nd day of March 1970, as it here tofore existed be and the same is hereby repealed and declared null and void. SECTION 3. That the Mayor and Ctiy Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. SECTION 4. That the City Clerk be and is hereby authorized and directed to file a copy of this Resolution in the Office of the County Recorder in and for Du- buque County, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 8th day of September, 1970, Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhaue, Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman P r e g l e r move( adoption of the resolution. Sec onded by Alayor Meyers. Carrie( by the following vote: Yeas --Mayor Meyers, Council men Bitter, Couchman, Molder hauer, Pregler. Nays -None. RESOLUTION NO. 47470 Approving a plat in Dubuque Downtown Plaza in the C" of Dubuque, Iowa and amending Resolution Na SS -70 WHEREAS, under date of July :6, 1967, the City of Dubuque and he United States of America en- ered into a Loan and Capital :rant Contract for the undertak- ng of the Downtown Urban Re- iewal Project, Iowa R-15; and WHEREAS, the City of Du- )uque, pursuant to the Urban Re- iewal Plan for said Project, has icquired real estate, relocated site )ccupants, demolished and re- moved site improvements, and has 3therwise prepared certain land for reuse purposes; and WHEREAS, a plat of Lot 1 of Block 4 in the Dubuque Down- town Plaza being comprised of City Lot 248, City Lot 247, Lot 1 of City Lot 246, City Lot 248A, Lot 2 of North 38 feet 6 inches of City Lot 219, Lot 2 of South 12 feet 9 inches of City Lot 219, Lot 2 of City Lot 220, and Lot 1 of Lot 2 of City Lot 221, each in the City of Dubuque, Iowa; and of Lot 2 of Block 4 in Dubuque Downtown Plaza being comprised of Lot 2 of City Lot 246, City Lot 245, City Lot 244, City Lot 244A, City Lot 244B, Lot 2 of Lot 2 of City Lot 221, Lot 2 of Lot 2 of City Lot 222, Lot 2 of Lot 1 of City I.ot 222, and Lot 2 of City Lot 223, each in the City of Du- buque, Iowa; and of Lot 1 of Block 5 in Dubuque Downtown Plaza being comprised of Lot 2 of City Lot 224, City Lot 224A, City Lot 244B, Lot 2 of North 21 feet 3 inches of City Lot 225, Lot 2 of South 30 feet 4 inches of City Lot 225, Lot 2 of City Lot 226, City Lot 241, City Lot 242, City Lot 243, City Lot 243A, and City Lot 2438, each in the City of Dubuque, Iowa; and of Lot 2 of Block 5 in Dubuque Downtown Plaza being comprised of North 29 feet 7 Inches of City Lot 240, South 22 feet of City Lot 240, North 0 feet 11 inches of North 26 feet of City Lot 239, South 25 feet 2 inches of North 26 feet of City Lot 239, South 26 feet 6 inches of City Lot 239, City Lot 239A, Lot 2 of City Lot 227, and Lot 2 of City Lot 228, each in the City of Du- 372 Adjourned Regular Session, September 8, 1970 buque, Iowa, has been examined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zoning Commission of the City of Dubuque, Iowa, and has its ap- proval thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa. and the ordinances of the City of Dubuque, Iowa, now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the plat of Lot 1 of Block 4, Lot 2 of Block 4, Lot 1 of Block 5. and Lot 2 of Block 5, each in Dubuque Down- town Plaza in the City of Du- buque, Iowa, dated July 10, 1969, by Carl F. Bartels, a Licensed Pro- fessional Civil Engineer and Land Surveyor, be and the same is here- by approved. Section 2. That the fifth Where- as Clause and Section 3 of Reso- lution No. 55.70 adopted the 2nd day of March 1970, as they here- tofore existed be and the same are hereby repealed and declared null and void. Section 3. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to file a copy of this Res- olution in the Office of the County Recorder in and for Dubuque County, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 275-70 Authorizing the Execution and Delivery of Deed to Ames Real- ty, Inc. for Sale of Land in the Downtown Urban Renewal Proj- ect, Iowa R•15. WHEREAS, under date of Aug- ust 12, 1970 the City of Dubuque and Ames Realty, Inc. entered in- to a Contract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private re- development by Ames Realty, Inc.; and WHEREAS. Ames Realty. Inc. have complied with the conditions of said Contract, and have re- quested that the City of Dubuque execute and deliver to them a Deed for the land described here- inbelow; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to Ames Realty. Inc. for the sale of Reuse Parcels 8 and 9 of Block 3 in the Downtown Urban Renewal Project, Iowa R-15, legally de - as Lot 1 of Block 2 and Lot 2 of Block 2 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, c,)ntaininQ 14,083.444 square feet, more or less. Section 2. That the Director of the Department of urban Renewal is hereby authorized and directed to deliver said Deed to Ames Real- ty, Inc. upon receipt of the pur- chase price of $30,760.72 on the basis of $2.25 per square foot for 7,903,289 feet and $2.10 per square foot for 6,180.151 square feet. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Adjourned Regular Session, September 8, 1970 373 Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: yeas -- Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden hauer, Pregler. Nays—None. August 21. 1970 Honorable Mayor and Council Members The City Planning and Zoninc! Commission has reviewed final plats in the Downtown Urban Re- newal Area, as follows: plat of Block 18 in Dubuque Downtown Plaza: plat of Block 10 in Dubuque Downtown Plaza: plat of Block 11 in Dubuque Downtown Plaza; and plat of Block 12 in Dubuque Down. town Plaza; all in the City of Du_ buque, Iowa. The Commission also reviewed a Subdivision of City Lot 571 and dedication of Lot 1 of said Subdi- vision for street purposes; and Subdivision of City Lot 24 and dedication of Lot 2 of said Suhdi- vision for street purposes, all in the City of Dubuque, Iowa. The Commission also reviewed Subdivision of Middle % of City Lot 31. North 'h of City I.ot 31, South 30 feet of City Lot 32, and the North 34 feet of City Lot 32 and the dedication of Lot 1 in each of the above Subdivisions for street purposes, all in the City of Dubuque, Iowa. The Commission has found that the plats are in accord with the Urban Renewal Plan for the City of Dubuque, Iowa, and meet the minimum requirements of the Or- dinance. It is the recommendation of the Commission that the proposals, as described, be approved. Respectfully submitted, City Planning and Zoning Commission Don Gilson City Planner Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following. vote: Yeas — Mayor Meyers, Coun oilmen Bitter, Couchman, Molden hatter, Pregler. Nays ---None. RESOLUTION No. 27670 .,UBDIVIDING CERTAIN LOTS IN THE DOWNTOWN URBAN RE- NEWAL. PROJECT AREA FOR PUBLIC RIGHT-OF-WAY AND OTHER PURPOSES WHEREAS, under date of July 28, 1967, the City of Dubuque and the United States of America enter- ed into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has arquired real estate, relocated site occu- pants, demolished and removed site improvements, and has other- wise prepared certain land for re- use purposes; and WHEREAS, a plat subdividing certain lots for public right-of-way and other purposes has been exa. mined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zo- ning Commission of the City of Dubuque, Iowa, and has its appro- val endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Du- buque, governing the subdivision of real estate in the City of Du- buque, Iowa, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: S*ction 1. That the plat dated August 8, 1970, of the subdivision of Middle One -Third of the City Lot 31; and of North One -Third of City Lot 31; and of South 30 feet of City Lot 32; and of North 34 feet of City Lot 32; each in the City of Dubuque, Iowa, by Carl F. Bartels, Licensed Professional Civil Engineer and Find Surveyor, be and the same is hereby approved. Soetion 2. That. the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the (,ity of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and di- rected to file a copy of this Resolu- tion in the Office of the County Re- corder in and for Dubuque County, Iowa, and in the Office of the City Assessor in and for the City of Du- buque, Iowa. 374 Adjourned Regular Session, September 8, 1970 Passed, approved and adopted this ath day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Mayor Mepers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 277-70 Dedicating Certain Lots in the Downtown Urban Renewal Proj- ect Area for Street Purposes. WHEREAS, under date of July 26. 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Du- buque, pursuant to the Urban Re- newal Plan for said Project, has acquired real estate, relocated site occupants, demolished and re- moved site improvements, and has otherwise prepared certain land for reuse purposes; and WHEREAS, a plat dedicating certain lots for street purposes has been examined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zoning Commission of the City of Dubuque, Iowa, and has its ap- proval endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Dubuque, governing the subdivi- sion of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the plate dated August 8, 1970 dedicating Lot 2 of Middle one-third of City Lot 31; and of Lot 2 of North one-third of City Lot 31; and of Lot 2 of South 30 feet of City Lot 32; and of Lot 2 of North 34 feet of City Lot 32, each in the City of Dubuque, Iowa, by Carl F. Bartels, licensed Professional Civil Engineer and Land Surveyor, be and the same is hereby approved, and the dedi. cations of said Lots for public street purposes as West Ninth Street and Main Street respect- fully together with easements for public utilities as the same ap. pears on said plat, be and the same are hereby accepted. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to file a copy of this Resolution in the Office of the County Recorder in and for Du- buque County, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop. tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION No. 278.70 APPROVING A PLAT IN DUBU- QUE DOWNTOWN PLAZA IN THE CITY OF DUBUQUE, IOWA WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America enter. ed into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Pro. ject, I )wa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has acquired !real estate, relocated site occu- pants, demolished and removed Adjourned Regular Session, September 8, 1970 373 site improvements, and has other- wise prepared certain land for re- use purposes; and WHEREAS, a plat of Block 10 in Dubuque Downtown Plaza being comprised of Lot 1 of Middle one- third of City Lot 31, Lot 1 of North one-third of City Lot 31, Lot 1 of South 3o feet of City I.ot 32, and Lot 1 of North 34 feet of City Lot 32, each in the City of Dubuque, lows, has been examined by the City Council of the City of Dubu- que, Iowa; and WHEREAS, said plat has been examined by the Planning and Zo- ning Commission of the City of Du- buque, Iowa, and has its approval endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Du- buque, governing the subdivision of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the plat of Block 10 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, dated August 8, 1970 by Carl F. Bartels, a Licensed Professional Civil En- gineer and Land Surveyor, be and the same is hereby approved. Section 2 That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. SeOlon & That the City Clerk b^ and is hereby authorized and di• rected to file a copy of this Resolu. tion in the Office of the County Re corder in and for Dubuque County, Iowa, and in the Office of the City Asse-,or in and for the City of Du- buque, Iowa. Parsed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Attest: Councilmen Le" F. Frommelt City Clerk C •uncilnian Bitter moved adop- tion of the resolution. Seconded by Councilma*1 Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 45-70 VACATING PORTIONS OF CER. rAIN STREETS AND ALLEYS IN THE DOWNTOWN URBAN RE NEWAL PROJECT AREA presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas —Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. ORDINANCE NO. 45.70 VACATING PORTIONS OF CERTAIN STREETS AND ALLEYS IN THE DOWNTOWN URBAN RENEWAL PROJECT AREA WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America entered Into a Loan and Capital Grant Contract for the undertaking of the Downtown Ur- ban Renewal Project, Iowa R-15; and WHEREAS. the City of Dubuque, pur• scant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occupants, demolished and removed site improvements, and has otherwise prepared certain land for reuse purposes; and WHEREAS, in order to dispose of said land for redevelopment fn ac- cordance with said Urban Renewal Plan, it Is necessary that portions of certain streets and alleys in the Proj. ect Area be vacated; and WHEREAS, the Planning and Zoning Commission of the Citv of Dubuque, Iowa has recommended the v,cation of said portions of streets and alleys in the City of Dubunue, ns said streets and portions of alleys are no longer needed for public right-of•way pur- poses, now therefore BE IT ORDAINF.n BY THE CITY COl1NCII, OF THE CITY OF DU- BUQUE, IOWA: SECTION 1. That that part of origin- al West Seventh Street commencing at the Southeast corner of City Lot 25, thence South 22'41' East. 1090 feet, thence South 6746' West, 96.67 feet thence North 22.41' West. 10.56 fee4 to the original northerly street line of West Seventh Street, thence North 67' n0 rthar v 98 reef line of East Seventh Street to the point of be/inning be and the same Is hereby vaacated. al S Vl estO s v n h t Street Mm O n 376 Adjourned Regular Session, September 8, 1970 at the North east Corner of City Lot 24. thence South 67.30' West, 98.00 feet along the original southerly street line of West Seventh Street, thence North 22°47' West, 28.37 feet, thence North 67"41' East 98.00 feet, thence South 22" 49' Fast 2A.02 feet to the point of be- ginninq be and the same is hereby vacated SECTION 3. That the City Clerk be and is hereby authorized and directed In file a copy of this ordinance in the Office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: I, y Clerk ommelt Published officially in the Telegraph - Herald Newspaper this 11th day of September 1970. Leo F. Frommelt, City Clerk 1 1. 9.11 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 279.70 Approving Plats of Portions of Vacated Streets and Alleys in the Downtown Urban Renewal Project Area. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en. tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Du- buque, pursuant to the Urban Re- newal Plan for said Project, has vacated portions of certain streets and alleys to prepare land for re- use purposes; and WHEREAS, plats subdividing vacated portions of streets and al- leys into city lots in the City of Dubuque, Iowa, have been exam. ined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plats have been examined by the Planning and Zoning Commission of the City of Dubuque, governing the subdivi- sion of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the plat dated August 11, 1970 subdividing a va- cated portion of West Seventh Street into City Lot 24A in the City of Dubuque, Iowa, by Carl F. Bartels, a Licensed Professional Civil Engineer and Land Surveyor, be and the same is hereby ap. proved. SECTION 2. That the plat dated August 11, 1970 subdividing a va- cated portion of West Seventh Street into City Lot 25 A in the City of Dubuque, Iowa, by Carl F. Bartels, a Licensed Professional Civil Engineer and Land Surveyor, be and the same is hereby ap. proved. SECTION 3. That the Mayor and City Clerk be and they are here- by authorized and directed to exe- cute said plats for and on behalf of the City of Dubuque, Iowa. SECTION 4. That the City Clerk be and is hereby authorized and directed to file a copy of this Resolution in the Office of the County Recorder in and for Du- buque County, Iowa. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION No. 280.70 APPROVING A PLAT IN DUBU- QUE, DOWNTOWN PLAZA IN THE CITY OF DUBUQUE, IOWA WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America enter. ed inti a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occu- pants, demolished and removed Adjourned Regular Session, September 8, 1970 377 site improvements, and has other- wise prepared certain land for re- use purposes; and WHEREAS, a plat of Block 11 in Dubuque Downtown Plaza being comprised of City lot 25 and City lot 25A, in the City of Dubuque, Iowa, has been examined by the City Council of the City of Dubu- que. Iowa; and WIIEREAS. Faid plat has been examined by the Planning and Zo- ning Commission of the City of Dubuque, Iowa, and has its appro- val endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinance of the City of Du- buque, governing the subdivision of real estate in the City of Dubuque, Inwa, now therefore BE IT RESOLVED BY THF. CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the plat of Block 11 in Dubuque Downtown Plaza in the City of Dubuque, Iowa. dated Aut;uest 8, 1970 by Carl F. Bartels, a Licensed Professional Civil Enei- neer and Land Surveyor, be and the same is hereby approved. Section 2. That the Mayor and Citv Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the Citv of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and di- rected to file a copy of this Resolu- tion in the Office of the County Re- corder in and for Dubuque County, Iowa, and in the office of the City Assessor in and for the City of Du- buque. Iowa. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Mnldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F, Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Bitter. Carried hp the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No, 281.70 SUBDIVIDING CERTAIN LOTS IN THE DOWNTOWN URBAN RE- NEWAL PROJECT AREA FOR PUBLIC RIGHT-OF-WAY AND OTHER PURPOSES WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America enter- ed into a Loan and Capital Grant Contract for the undertaking of the Powntown Urban Renewal Project, Inwa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occu- pants, remolished and removed site improvements, and has otherwise prepared certain land for reuse purposes; and Wr HF.REAS, a plat subdividing ve,-tain lots for public right-of-way and other purposes has been exa- mined by the City Council of the City of Dubuque, Iowa; and WHEREAS. said plat has been examined by the Planning and Zo- ning Commission of the City of Du- buque, Iowa, and has its approval endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinance of the City of Du- buque, governing the subdivision of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CM OF DU- BUQUE, IOWA: Section 1. That the plat dated Aiwust 11. 1970, of the subdivision of ('ity Lot 24. in the City of Du- buque, Iowa, by Carl F. Bartels, Licensed Profssional Civil Engineer and Land Surveyor, be and the game is here by approved. Section 2. That the Mayor and City Clerk he and they are hereby authorized and directed to execute -aid plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and di- rected to file a copy of this Resolu- tion in the Office of the County Re- corder in and for Dubuque County, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa, 378 Adjourned Regular Session, September 8, 1970 Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wavne A. Mildenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo. F. Frommelt City Clerk Councilman Pregler moved adop- tion rf the resolution. Seconded by Councilman Couchman, Carried by the fnllowinq vote: Yeas — Mayor Meyers, Council- men Bitter. Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 282.70 Dedleatinq Certain Lots in the Downtown Urban Renewal Proj- ect Area far Street Purposes. WHRREAS, under date of July 26, 1467. the City of Dubuque and the United States of America en- tered into a Loan and Capi+gl Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Du- buque, pursuant to the Urban Re- newal Plan for said Project, has acouired real estate, relocated site occupants, demolished and re- moved site improvements, and haq otherwise prepared certain land for reuse purposes; and WHEREAS, a plat dedicatine certain lots for street purposes has been examined by the City Coun. cil of the City of Dubuque, Iowa; and WHEREAS, a said plat has been examined by the Planning and Zoning Commission of the City of Dubuque, Iowa, and has its ap- proval endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Dubuque, governing the subdivi. sion of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION I. That the plat dated August 11, 1970 dedicating Lot 2 of the subdivision of City Lot 24, in the City of Dubuque, Iowa, by Carl F. Bartels, licensed Profes. sional Civil Engineer and Land Surveyor, be and the same is here. by approved, and the dedication of said Lot for public street purposes as Main Street with easements for public utilities as the same ap. pears on said plat, be and the same are hereby accepted. SECTION 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. SECTION 3. That the City Clerk be and is hereby authorized and directed to file a copy of this Resolution in the Office of the County Recorder in and for Du. buque County, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved, and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 283.70 APPROVING A PLAT IN DU- BUQUE DOWNTOWN PLAZA IN THE CITY OF DUBUQUE, IOWA WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America enter - .,d into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Pro- ject, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occu- pants, demolished and rem,)ved site improvements, and has other- wise prepared certain land for re- use purposes; and Adjourned Regular Session, September 8, 1970 379 WHEREAS, a plat of Block 12 in Dubuque Downtown Plaza being comprised of Lot 1 of the Subdi- viiion of City Lot 24 and City Lot 24A, each in the City of Dubuque, Iowa, has been examined by the City Council of the City of Dubu- que, Iowa; and WHEREAS, said plat has been examined by the Planning and Zo- ning Commission of the City of Du- buque, Iowa. and has its approval endorsed thereon; and WHEREAS, said plat confroms to the laws of the State of Iowa, and the ordinances of the City of Dubuque, governing the subdivi- sion of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the plat of Block 12 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, dated August 11, 1970, by Carl F. Bartels, a Licensed Professional Civil Engi- neer and Land Surveyor, be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the CIty of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and di- rected to file a copy of this Resolu- tion in the Office of the County Re- corder in and for Dubuque County. Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 8th day of September, 1970, Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhaner Gaylord M Couchman Joseph J. Bitter Councilmen Attest: Leo. F. Frommelt City Clerk Councilman Bitter moved adop tinn of the resolution. Seconded by Councilman Pregler. Carried by the follnwing vote: Yeas — Mayor Meyers, Cnunril men Bitter, Couchman, Molden hauer, Pregler. Nays — None. RESOLUTION No. 284.70 SUBDIVIDING CERTAIN LOTS IN THE DO vv N'r0 W N URBAN RE- N t•. W AL PROJECT AREA FOR PUBLIC RIGHT-OF•WAY AND OTHER PURPOSES WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America enter- ed into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occu- pants, remolished and removed site improvements, and has otherwise prepared certain land for reuse purposes; and WHEREAS, a plat subdividing certain lots for public right-of-way and other purposes has been exa- mined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zo- ning Commission of the City of Du- buque, Iowa, and has its approval endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Du- buque, governing the subdivision of real estate in the City of Du- buque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the plat dated August 10, 1970, of the subdivision of city Lot 751 in the City of Du - Licensed Professional Civil Engi- neer and Land Surveyor, be and the game is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to exeeute said plat for and on behalf of the City of Dubuque, Iowa, Section 3. That the City Clerk be and is hereby authorized and di- reeted to file n copv of this Resllu- tion in the Office of the County Re- enrder in and for Dubuque County, I,iwa, and in the office of the City A,4gessor in and for the City of Du- buque, Iowa. 380 Adjourned Regular Session, September 8, 1970 Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adnp- I tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers. Council. men Bitter. Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 285.70 Dedicating Certain Lots in the Downtown Urban Renewal Proi- act Area For Street Purposes. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertakine of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS. the City of Du- buque, pursuant to the Urban Re- newal Plan for said Project, has acquired real estate, relocated site occupants, demolished and re- moved site improvements, and has otherwise prepared certain land for reuse purpose; and WHEREAS, a plat dedicating certain lots for street purposes has been examined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zoning Commission of the City of Dubuque, Iowa, and has its approv- al endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Dubuque, governing the subdivi- sion of real estate in the City of Dubuque, Iowa, now therefore BE 1T RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the plat dated August 10, 1970, dedicating Lot 1 of the subdivision of City Lot 751, in the City of Dubuque, Iowa, by Carl F. Bartels, Licensed Profes. sional Civil Engineer and Land Surveyor, be and the same is here. by approved, and the dedication of said Lot for public street pur. poses as West Seventh Street with easements for public utilities as the same appears upon said plat, be and the same are hereby ac. cepted. SECTION 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa SECTION 3. That the City Clerk be and is hereby authorized and directed to file a copy of this Resolution in the Office of the County Recorder in and for Du- buque County, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 286-70 Approving a Plat in Dubuque Downtown Plaza in the City of Dubuque, Iowa. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak. ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Du. buque, pursuant to the Urban Re- newal Plan for said Project, has acquired real estate, relocated site occupants, demolished and re- moved site improvements, and has otherwise prepared certain land for reuse purposes; and Adjourned Regular Session, September 8, 1970 381 WHEREAS, a plat of Block 18 in Dubuque Downtown Plaza be- ing comprised of South Two -Thirds of City Lot 748, and of North One. Thirdof City Lot 748, and of South One -Third of City L,)t 749, and of Middle One -Third of City Lot 749, and of North One -Third of City Lot 749, and of South Two -Thirds of South One -Half of City Lot 750, and of North One -Third of South One -Half of City Lot 750, and of South One -Third of North One - Half of City Lot 7511. and of North Two -Thirds of North One -Half of City Lot 750, and Lot 2 of City I.ot 751, each in the City of Du- buque, Iowa, has been examined by the City Council of the City of Dubuque, Iowa: and WHEREAS, said plat has been examined by the Planning and Zoning Commission of the City of Dubuque, governing the subdivi- sion of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the plat of Block 18 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, dated August 10, 1970, by Carl F. Bartels a Licensed Profes- sional Civil Engineer and Land Surveyor, be and the same is here by approved. SECTION 2. That the Mayor and Citv Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. SECTION 3. That the City Clerk be and is hereby authorized and directed to file a copy of this Res- olution in the Office of the Coun- ty Recorder in and for Dubuque County, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Waller A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas -- Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Legal No- tice of Ilearinrt for the purpose of considering authorization of the execution of a proposed agreement between the City of Dubuque and ?l. & S. Enterprises Inc. for the purchase of Urban Renewal land, presented and read. No written objections were filed nd no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. councilman Pregler moved that he proof of publication be re- oived and filed. Seconded by Ma- yor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION No. 187-70 AUT'HORI'ZING THE EXECUTION OF A CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVE- LOPMENT NWITH R & S ENTER- PRISES, INC. WHEREAS, pursuant to Resolu- tion No. 218.70 dated August 4, 1970, and a Notice of Public Hear- ing published in the Telegraph - Herald, a newspaper of general cir- culation in the City of Dubuque, Iowa, on August 4, 1970 and Au- gust 11, 1970, City Council met on the eighth day of September, 1970, at 7:30 o'clock P.M., Central Day- light Time, in the City Council Chambers, of City Hall, Dubuque, Iowa, to consider the proposal of the interest of the City of Dubu- que to the Southerly 15 feet of the Northerly 65 feet of the Westerly 65 feet of Reuse Parcel 1 of Block 1, to R & S Enterprises, Inc. WHEREAS, pursuant to said re- solution a copy of the Redevelop- er's Statement foof the Public Disced sure and a copy form of Contract for Sale of Land for Private Redevelopment was placed on file in the office of the City Clerk for public inspection; and 382 Adjourned Regular Session, September 8, 1970 WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral and written, to the proposal to dispose of said in- terest of the City of Dubuque in the above described real estate to R & S Enterprises, Inc.; now there- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized to enter into a Contract for Sale of Land and Private Re- development in accordance with the terms of Disposition Documents governing such sale with R & S Enterprises, Inc. for the real es- tate known as the Southerly 15 feet of the Northerly 65 feet of the Westerly 65 feet of Reuse Par- cel 1 of Block 1 in the Downtown Urban Renewal Project, Iowa R-15, containing 975 square feet, subject to survey, and legally described as the Northerly 15 feet of Lot 2 of Block 6 in Dubuque Downtown Pla- za, in the City of Dubuque, Iowa. Section 2. That said parcelof real estate shall be sold for $2.50 per square foot or a total price of $2,437.50 subject to final survey of the land to be conveyed. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of Legal Notice of Hearing to consider the authori- zation of the execution of a pro- posed agreement between the City and the First National Bank of Du- buque, Adams Realty Corporation, Graham's Style Store for Men, Inc. K.A. Hartig for purchase of land in the Urban Renewal area, presented and read. No objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Bitter moved that the proof of pub. lication be received and filed. Se. conded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. RESOLUTION No, 288.70 AUTHORIZING THE EXECUTION OF A CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVE- LOPMENT WITH FIRST NATION. AL BANK OF DUBUQUE AND ADAMS REALTY CORPORATION WHEREAS, pursuant to Resolu- tion No. 164.70 dated June 19, 1970, and a Notice of Public Hearing pub- li,zhed in the Telegraph -Herald, a newspaper of general circulation in the City of Dubuque, Iowa, on August 11, 1970 and August 18, 1970, City Council met on the eichth day of September. 1970, at 7:30 o'clock P.M., Central Davlight Time, in the City Council Cham- bers, of City Hall, Dubuque. I-)wa, to consider the proposal to dispose of the interest of the City of Du- buque to Reuse Parcels 4 and 5 of Blnck 8 in the Downtown Urban Re- newal Project. Iowa R-15, to First Natinnal Rank of Dilbuque and Adams Realty Corporation; and WHRREAS, pursuant to said resolution a copy of the Redevel- oper's Statement for Public Dis- closure and a copy of the pro- posed form of Contract for Sale of Land for Private Redevelop- ment was placed on file in the of- fice of the City Clerk for public inspection; and WHEREAS, the City Council of Dubuoue. Iowa, overruled any and all objections, oral and written, to the proposal to dispose of said in- terest of the City of Dubuque in the above described real estate to First National Bank of Dubuque and Adams Realty Corporation; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the Mayor and City Clerk be and they are hereby Adjourned Regular Session, September 8, 1970 383 authorized to enter into a Contract for Sale of Land and Private Re. development in accordance with the terms of the Disposition Doc- uments governing such sale with First National Bank of Dubuque and Adams Realty Corporation for the real estate known as Reuse Parcels 4 and 5 of Block 8 in the Downtown Urban Renewal Project, Iowa R-15, containing 23,105.5 square feet, subject to survey, and lecally described as Block 13 in Dubuque Downtown Plaza, in the City of Dubuque, Iowa. SECTION 2. That said parcel of real estate shall be sold for $5.04 per square foot or a total price Of $116.451.72 subject to final survey of the land to be conveyed. Passed, approved and adopted this 8th day of September, 1970. Donald R, Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 289-70 Authorizing the Execution of a Contract for Sale of Land for Private Redevelopment with K. A. Hartig, WHEREAS, pursuant to Resolu- tion No. 164-70 dated June 19, 1970, and a Notice of Public Hear- ing published in the Telegraph - Herald, a newspaper of general circulation in the City of Dubuque, Iowa, on August 11, 1970, and Au- gust 18, 1970, City Council met on the eighth day of September, 1970 at 7:30 o'clock P.M. Central Day- lieht Time, in the City Council Chambers, City Hall, Dubuque, Iowa, to consider the proposal to dispose of the interest of the City Of Dubuque to Reuse Parcel 8 of Block 6 in the Downtown Urban R(,newal Project, Iowa R-15, to K. A. Hartig and WHEREAS, pursuant to said resolution a copy of the Redevel• oper's Statement for Public Dis- clo,;ure and a copy of the proposed form of Contract for sale of Land for Private Redevelopment was placed on file in the office of the Citv Clerk for public inspection; and WHEREAS, the City Council of Dubuque, i,)wa, overruled any and all objections, oral and written, to the proposal to dispose of said Interest of the City of Dubuque in the above described real estate to K. A. Hartig: now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the Mayor and City Clerk be and they are hereby authorized to enter into a Con- tract for Sale of Land and Private Redevelopment in accordance with the terms of the Disposition Docu- ments governing such sale with K. A. Hartig for the real estate known as Reuse Parcel 8 of Block 6 in the Downtown Urban Renew. al Project, Iowa R-15, containing 8,35t '0 square feet, subject to survey and legally described as Block 11 in Dubuque Downtown Plaza, in the City of Dubuque, Iowa. SECTION 2. That said parcel of real estate shall be sold for $4.92 per square foot or a total price of $41,086.92 subject to final sur- vey of the land to be conveyed. Passed, approved, and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yens — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays—None. 384 Adjourned Regular Session, September 8, 1970 RESOLUTION NO. 290.70 Authorizing the Execution of a Contract For Sale of Land For Private Redevelopment With Graham's Style Store For Men, Inc. WHEREAS, pursuant to Resolu- tion No. 164-70 dated June 19, 1970, and a Notice of Public Hear- ing published in the Telegraph - Herald, a newspaper of general circulation in the City of Dubuque, Iowa, on August 11, 1970 and Au- gust 18. 1970, City Council met on the eighth day of September, 1970 at 7:30 o'clock P.M., Central Daylight Time, in the City Coun- cil Chambers, City Hall, Dubuque, Iowa, to consider the proposal to dispose of the interest of the City of Dubuque to Reuse Parcel 7 of Block 7 in the Downtown Urban Renewal Project, Iowa R-15, to ('graham's Style Store for Men, Inc.; and WHEREAS, pursuant to said res- olution a copy of the Redevelop- er's Statement for Public Disclo- sure and a copy of the proposed form of Contract for Sale of Land for Private Redevelopment was placed on file in the office of the City Clerk for public inspection: and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral and written, to the proposal to dispose of said interest of the City of Dubuque in the above described real estate to Graham's Style Store for Men, Inc.; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the Mayor and the City Clerk be and they are hereby authorized to enter into a Contract for Sale of Land and Private Redevelopment in accord. ance with the terms of the Dis- $)osition Documents governing such sale with Graham's Style Store for Men, Inc. for the real estate known as Reuse Parcel 7 of Block 7 in the Downtown Urban Renewal Project, Iowa R-15, con- taining 7,964 square feet, subject to survey, and legally described as Block 10 in Dubuque Downtown Plaza, in the City of Dubuque, Iowa. SECTION 2. That said parcel of real estate shall be sold for $4.43 per square foot or a total price of $35,280.52 subject to final survey of the land to be conveyed. Passed, approved, and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Meyers. Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 291-70 Authorizing the Execution of a Certificate of Completion for Abeln Abstract Company. WHEREAS, under date of De- cember 31, 1969, the City of Du- buque entered into a Contract for the Sale of Land for Private Rede- velopment with Abeln Abstract Company for the real estate here- inafter described; and WHEREAS, under the terms of said contract the subject real es- tate was conveyed by the City of Dubuque to Abeln Abstract Com- pany who constructed thereon cer- tain improvements; and WHEREAS, Section 307 of said contract provides that upon com- pletion of the improvements the City of Dubuque will furnish Abeln Abstract Company a Certifi- cate of Completion; and WHEREAS, it has determined that the required improvements have been satisfactorily com- pleted; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a Certificate of Completion for the Abeln Abstract Company for the improvements located on Lot 2 of Block 3 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, Adjourned Regular Session, September 8, 1970 385 ,situated in the Downtown Urban Renewal Project, Iowa R-15, SECTION 2• That the Clerk be and he is hereby authorized and directed to file a copy of this res- olution and the executed copy of the Certificate of Completion in the office of the County Recorder in and for Dubuque t adopted Passed, approved and this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden hauer, Pregler. Nays—None. CERTIFICATE OF COMPLETION WHEREAS, under date of De cember 31, 1969, the City of Du- buque entered into a certain con- tract entitled "Contract for the Sale of Land for Private Redevel- onment" with Abeln Abstract Company, and which contract is recorded in the office of the Coun- ty Recorder in and for Dubuque County. Iowa, in Book 316 of Mort. gages, Pages 537 through 569; and WHEREAS, pursuant to the terms of the said contract land legally described as I.ot 2 of Block 3 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, was conveyed by the City of Dubuque to Abeln Abstract Company by a Deed subject to the covenants, conditions and restrictions con- tained in the said contract; and WHEREAS, Section 307 of the said contract provides that upon completion of the construction and installation of certain improve ments in and upon the conveyed land that the City of Dubuque will furnish Abeln Abstract Company a Certificate of Completion; and WHEREAS, Abeln Abstract Company has completed said im• prnvements in accordance with the terms of the said contract. NOW THEREFORE, the City of Dubuque, Iowa, pursuant to Reso- lution No. 291-70 dated the 8th day of September. 1970, hereby certi- fies that the said purchaser has completed the improvements called for in the said contract and this Certificate shall constitute conclusive determination of the satisfaction and termination of the covenants and agreements in said contract and deed with respect to the obligation of the purchaser to ennsiruct the improvements called for in said contract. TN WITNESS WHEREOF the City of Dubuque has caused this Certificate of Completion to be duly executed in its behalf by its Mayor and has caused its corpo- rate seal hereunto affixed this 9th day of September, 1970. City of Dubuque Donald R. Meyers Its Mayor Attest: I,en F. Frommelt City Clerk State of Iowa City of Dubuque ss. On this 8th day of September A.D., 1970 before me. Eugene J. Berens. a Notary Public in and for the County of Dubuque and State of Iowa, personally appeared Don- ald R. Meyers and I eo F. From - melt to me personally known, who, being duly sworn did say that the said Donald R. Mevers is Mayor and the said Leo F. Frommelt is Clerk of the City of Dubuque. lowa, and that the seal affixed to the above instrument is the cor- porate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the ,said Citv of Dubuque, Iowa, by authority of the City Council of said City and the said Donald R. Meyers and Leo F. Frommelt acknowledged the execution of said instrument to be the volun- tary act and deed of said City of Dubuque, Iowa, by it voluntarily executed. Witness my hand and Notarial Seal on the date last above writ- ten. Eugene J. Berens Notary Public in and for said County !1fy Commission Expires July 4, 1972. 386 Adjourned Regular Session, September 8, 1970 August 21, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed the agreement for a preliminary engi- neering study of the freeway sys- tem in the City of Dubuque, Iowa. In reviewing this agreement, the Commission has found the follow- ing: (1) The Dubuque Development Program, which wai ad.;pted by Council in 1965, includes a statement about the general transportation needs of the community and a map illus- trating a circulation system. Included in this is a freeway. expressway system. (2) The Urban Area Transporta- tion Plan has developed the transportation plan for this Urban Area into greater de- tail. The recommendations in the Urban Area Transporta- tion Plan are consistent with the Dubuque Development Program, and further support some of its general recom- mendations. (3) The Freeway Corridor Study is consistent with the Dubu- que Development Program and the Urban Area Transpor- tation Plan and is a logical next step in the progression of events leading toward the realization of the proposed facilities. (4) The ground rules established in the agreement give sub. stantial weight to social, eco- nomic and environmental considerations, as well as, those that would routinely influence such a corridor stu- dy. The general slant of this agreement is toward creating a major lifeline to this com- munity that will complement the present and will have a Positive influence on, and will be an integral part of, the development long into the future. The Commission reviewed the proposal to include Dodge Street, from Locust to Concord, in the stu- dy, with the cost being borne by the City of Dubuque. It was the Commission's opinion that this stu. dy is needed, at this time, so that sounder decisions can be made about land -use, zoning, and access along Dodge Street, and so that the neighborhoods and connecting streets adjoining it, can be pro. perly planned. It was further the Commissions opinion, that by ma. king the study a part of the overall freeway study, that more continuity can be maintained in our planning efforts. It is the recommendation of the Commission that the City Council concur in this agreement with the Highway Commission and authorize the expenditure of twenty-five thou. sand dollars ($25,000.00) for that Portion of the study. Respectfully submitted, City Planning and Zoning Commis- sion Don Gilson City Planner Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Preeler. Nays — None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Mr. R. L. Kassel, Planning and Programming En^ineer of the State Highway Commission ad- dressed the Council as to the State participation in the freeway sys- tem proposed for the City. He was of the opinion that the City has selected good consultants. The freeway system, of which Dodge Street corridor is a part, could be of tremendous value and service to the Community and State Road system. Mr. Dick Ferguson, Proj- ect Engineer of Henningson, Dur- ham and Richardson, consultants, submitted a briefing of the pro- posed freeway system study. Mayor Meyers moved to concur in the recommendation of the Planning and Zoning Commission and authorized the expenditure of $25,000. Seconded by Councilman Adjourned Regular Session, September 8, 1970 387 Pregler. Carried by the following vote: Yeas — Mayor Meyers. Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays.–None. RESOLUTION NO. 292-70 WHEREAS the City of Dubuque, Iowa and the Iowa Highway Com- mission have entered into a writ- ten Dodge Street Corridor Study Agreement a copy of which agree- ment is attached hereto: NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa: SECTION NO. 1. That the pro- posed written agreement between the Iowa Highway Commission and the City of Dubuque, dated Sep- tember 8, 1970 a copy of whi,,h is attached, be and the same is here. by approved. SECTION NO. 2. That the Mayor be and he is hereby authorized and directed to execute said agree- ment for and on behalf of the City of Dubuque, Iowa. SECTION NO. 3. That the City Clerk be and he is hereby author- ized and directed to forward a cer- tified copy of this Resolution to the said Iowa Highway Commis- sion. Passed, approved and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. To The Honorable Mayor and City Council This is to advise you that the Sanitary Sewer constructed in Bies Drive from S.P.L. of Pennsylvania Ave., to N.P.L. of Lot t of I.ot 6 Of C.J. Bies Subdivision a distance a i of 1205 feet, has been completed in accordance with plans and spec- ifications by Fondell & Sons Inc. of Dubuque, Iowa. Respectfully Submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Biter, Couchman, Molden- hauer, Pregler. Nays—None. FINAL ESTIMATE RESOLUTION NO. 293.70 WHEREAS, the contract for the Hies Drive Sanitary Sewer from S.P.L. of Pennsylvania Avenue, to N.P.L. of Lot 1 of Lot 6 of C. J. Bies Subdivision has been com- pleted and the City Engineer has submitted his final estimate show- ing the cost thereof including the cost of estimates, notices, inspec- tion, and preparing the assess- ment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $13,396.69. That $12,946.29 of the cost thereof shall be assessable upon private property and $450.40 shall be paid from the Sanitation Fund of the City of Dubuque. Passed, adopted and approved this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop. tion of the resolution. Seconded by Coundlman Couchman. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) 388 Adjourned Regular Session, September 8, 1970 RESOLUTION No. 294-70 WHEREAS, the contract for the 1969 Bies Drive Sanitary Sewer from S.P.L. of Pennsylvania Ave., to N.P.L. of Lot 1 of Lot 6 of C.J. Bies Subdivision. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tratc, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and is hereby directed to pay to the con- tractor from he funds to be realized from the sale of sewer bonds is- sued upon the above described im- provement in amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted and approved this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second. ed by Councilman Pregler, Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. September 8, 1970 To the Honorable Mayor and City Council We hereby submit for your con- sideration the plans and specifica. tions for the 1970 Downtown Traf. fic Signal and Street Lighting Pro. ject which includes the following streets: 1. Locust Street 2. Fourth Street 3. Fifth Street 4. Ninth Street This project consists of the com- plete construction of the entire in- terconnected signal system and a complete Lucalux lighting system on the above streets which are in the process of being improved as a part of the 1970 Urban Renewal Street Construction Program. Funds for the improvement are budgeted in the Road use tax and Utilities Funds. I recommend the project be ap- proved and a bid opening date of September 25, 1970 established. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Couchman moved ap- proval of the recommendation. Se- conded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 295.70 Preliminary Estimate, approval of plans, Specifications, form of contract, and all other documents for the construction of 1970 Down- town Traffic Signal and Street Lighting project on Locust street, Fourth Street, Fifth Street, Nin- th Street, at an estimated cost of $136,200.87, presented and read. Councilman Pregler moved ad- option of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays ---- None. (Necessity for Improvement) RESOLUTION NO. 296-70 WHEREAS, proposed plans, spe- cifications, and form of contract have been duly prepared and ap- proved by the City Council of the T Adjourned Regular Session, September 8, 1970 389 City of Dubuque, Iowa, and are now on Clerk sin the howing, office o f the City among other things the following: (1) The plan of such improve- ment. (2) An stimate of ovement forththeost of 1970 the imlmpr Downtown Traffic Signal and Street Lighting Project. BE IT THEREFORE.. RESOLVED that the City COurcil on its own motion. deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement be paid from the Road Use Tax Fund and the Utilities Fund. The above resolution was intro duced, approved and ordered placed on file with the City Clerk this 8th day of September, 1970. Approved and placed on file for final action. Approved: Donald R. Meyers Mayor Falter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved approval of the resolution. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. (Fixing Data of Hearing) RESOLUTION NO. 297-70 WHERAS, the ('ity ('ouncil of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the 1970 Downtown Traffic Sig- nal and Street Lighting Project. BE IT THEREFORE RESOLVED that on the 21st day of September, 1970 a public hearing will be held at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad. vertise for proposals for the con. struction of the aforementioned improvement. Passed, adopted and approved this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M, Couchman Joseph J. Bitter Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Con. tractors of the receipt of proposals for the construction of Peru Road - Davis Avenue Sanitary Sewer 1970 from Railroad Tracks east tisio t 2 of George Nigg' presented and read. Councilman Bitter moved that the proof of publication be re- ceived and filed. Seconded by 390 Adjourned Regular Session, September 8, 1970 Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. To the Honorable Mayor and City Council Persuant to your instructions, sealed bids were received up until 10:00 a.m.. Thursday, September 3, 1970 for the improvement of the Peru Road -Davis Avenue Sanitary Sewer. The low proposal submitted was by Tschiggfrie Excavating Com- pany. Their bid was 10.3% below the Engineer's Estimate. 1, therefore, request your Honor- able Body to grant the City Man- ager the authority to enter into a contract with the Tschiggfrie Ex- cavating Company on this project. 1, also request that your Hon- orable Body grant the City Man- ager the authority to proceed to acquire right of way by condem- nation proceeding. Respectfully submitted, Gilbert D. Chavenelle City ),'tanager Councilman Pregler moved ap- proval of the Manager's request. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. (Awarding Contract) RESOLUTION NO. 298-70 WHEREAS, s e a l e d proposals have been submitted by contractors for the Peru Road -Davis Avenue Sanitary Sewer 1970 from Railroad Tracks East to Lot 2 of George Nigg's Sub. pursuant to Resolution No. 225-70 and notice to bidders Published in a newspaper publish- ed in said City on August 6, 1970 and August 13, 1970; and WHEREAS, said sealed proposals were opened and read on Septem- ber 3, 1970, and it has been de- termined that the bid of Tschigg- frie Excavating Company of Du. buque, Iowa in the amount of $49,668.25 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award. ed to Tschiggfrie Excavating Com- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Lco F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by :Mayor Meyers. Carried by the fol- lowing vote: Yeas—Mayor Meyers,Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Councilman Bitter moved that the City Attorney institute con- demnation proceedings where in- dicated in the construction of Peru Road -Davis Avenue sanitary sewer. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. September 8, 1970 To the Honorable Mayor and City Council I hereby submit the attached sheet No. 1 of 1 inclusive showing a schedule of the proposed valu- ations and assessments for the con- struction of the John F. Kennedy Road Sanitary Sewer from Spring Valley Road to 32nd Street— EAST SIDE. Respectfully submitted, John L. White City Engineer Adjourned Regidar Session. Scptemhcr 9, 1970 391 Councilman Pregler moved that. the communication be received and filed. Seconded by Councilmen Hitter. Carried by the following vote: Yeas—Mayor Meyers, Council• men Bitter, Couchman, Molden- halter, Pregler. Nays—None. RESOLUTION NO. 299.70 BE IT ItESOLVED BY T11E CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SECTION 1. That the attached sheel No. 1 of 1 inclusive is hereby determined to be the schedule of proposed assessments for the John F. Kennedy Road Sanitary Sewer from Spring Valley Road to 32nd Street—EAST SIDE. Passed, adopted and approved this 8th day of September, 1970. Donald R. Moyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord Al. Couchman Joseph J. Bitter Councilmen Attest: Lea F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Yeas --Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 300-70 Preliminary Estimate and ap- proval of plans, specifications, form of contract. plat and all other documents for the construction of CTI'Y OF DUBUQUE 1970 JOIIN F. KENNEDY ROAD SANITARY SEWER FROM SPRING VALLEY ROAD TO 32nd STREET -EAST S11)F., at an estimated cost of $4,085.82, presented and read. Councilman Couchman moved adoption of the resolution. Second- ed by Mayor Meyers. Carried by the following vote: Yeas --Mayor Meyers, Council- men Bitter, Couchman, Molden hatter, 1'regler. Nays—None. (Necessity for Improvement) RESOLUTION NO. 301.70 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Du- buque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. Each lot proposed to be as- sessed together with a valua- tion fixed by the council. 3. An estimate of the cost of the propnsed improvement, stating the same for each different type of construction and kind of material to be used. 4. In each case the amount there- of which is estimated to be assessed against each lot, for the construction of the: John F. Kennedy Road Sanitary Sew- er - from Spring Valley Road to 32nd Street - East Side. BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of property owners, deems it ad- visable and necessary for the pub- lic: we to make the herein mentioned improvement, and un- less property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments. they shall be deemed to have waived all objections thereto. Said improvement shall be con. structed and done in accordance with the plans and specifications which have been prepared there- for by tha City Engineer which have been approved by the Citv Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an a►nount not to exceed tmount pwill rovided by law. property assessed whether the same abuts thereon or is adjacent thereto ac - cot -ding to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. 392 Adjourned Regular Session, September 8, 1970 Sewer bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 8th day of September, 1970. Approved and placed on file for final action Approved: Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved approval of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. (Fixing date of hearing) RESOLUTION NO. 302-70 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 300-70 given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construction of the: John F. Kennedy Road Sanitary Sewer - from Spring Valley Road to 32nd Street • East Side and, WHEREAS, the proposed Res olution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspec tion, BE IT THEREFORE RE- SOLVED that on the 5th day of October 1970, a public hearing will be held at 7:30 o'clock P.M. C.D.T. in the Council Chamber in the City of Dubuque at which time the owners of property sub- ject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will such objections and enter on rec- ord its fi.nal decision thereon. Passed, adopted and approved this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph .1. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. September 4, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed plans for a municipal garage to be con- structed on property located at 11th Street and Kerper Boulevard. The Commission has found that this proposal is in accord with the Dubuque Development Pro- gram. The program recommends "construction of a new municipal garage on an already acquired site in the industrial district, between 9th and llth Streets". The pro- Adjourned Regular Session. September 8, 1970 393 gram furtheremm recommended do the that the facility be period between 1965 and 1969. It is the opinion of the Commis- sion that this public facility is still needed and that the delay in construction beyond the recom- mended schedule has increased the urgency of this project. It is the recommendation of the Planning and Zoning Commission that the site for the garage is appropriately located, that the fa- cility that is proposed to he built will meet a community- need, and that further delay in construction would not be in the best interests of the community. Respectfully submitted. CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved that the communication be received and filed. Seconded by Council man Bitter. Carried by the follow- ing vote: Yeas—Mayor Meyers, Council- men Bitter. Couchman, Molden hauer, Pregler. Nays—None. September 4, 1970 To the Honorable Mayor and City Council Plans and specifications, con tract documents, and a cost es timate for the construction of a municipal garage have been sub mitted for your consideration. It is estimated that the program will cost $187,500 and be paid for out of Road Use Tax Funds. It is intended to receive bids and award a contract October 5th; begin construction October 12th. and complete the work by March I St. I recommend to you the Munk ipal garage construction program Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Meyers, Council men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Mr. Dick Ludwig, addressed the Council, as a representative of the Dubuque Advisory Commis- sion by stating that the Advisory Commission endorses the construe. tion of a new City Garage unan- imously. The Commission, along w i t h other interested citizens, toured the facilities of the present garage and no one objected to the construction of a new garage fa. cility. Mr. Joe Ragatz spoke of the noise level and pollution in the present garage. Mayor Meyers moved to concur In the City Manager's recommen- dation. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 303-70 Preliminary Estimate and ap- proval of plans, specifications, form of contract, plat, and all other documents for the construc- tion of a Municipal Garage for City of Dubuque, at an estimated cost of $187,500. presented and read. Councilman Pregler moved adoption of the resolution. Sec- onded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Necessity for improvement RESOLUTION N0. 30470 WHEREAS, proposed plans, specifications and form of con- tract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among oth- er things the following: 1. The pian of such improve- ment. 2. An estimate of the cost of the improvement for the Construc- tion onstr t tion of the Municipal Equip Garage. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary far the public welfare to make the herein mentioned im- provement, and unless property owners at the time of final con- sideration of this proposed resolu- tion have on file with the City 394 Adjourned Regular Session, September 8, 1970 Clerk objections to the amount of tate cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. The cost and expense of making said improve- ment will be paid from the Road Use Tax Fund. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk this 8th day of September, 1970. Approved and place on file for final- action. Approved Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved ap- proval of the resolution. Seconded by, Councilman Moldenhauer. Car- aiedby the following vote: Yeas—Mayor Meyers, Council- men, Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Resolution Fixing Date of Hearing RESOLUTION NO. 305-70 VIREA9, the City Council of the City of Dubuque, Iowa, has given its prehimnary approval on the proposed plans, specification, and, form of contract and placed some on file in the office of the City Clerk for public inspection for the construction of the Mu. nicipal Equipment Garage. BE IT THEREFORE RESOLVED that on the 5th day of October. 1870 a public hearing will be at 7:30 P.M. in the Council Chamber Of the City of Dubuque at which time the objectors for the pro. Posed, improvement may appear and make objections to the pro- posed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in some newspaper published in the City of Dubuque, Iowa, whcih shall be not less than ten (10) days prior to the day fixed for its considera. tion and the City Clerk be and he is hereby directed to have pub. lished notice of pendency for said improvement and the City Clerk is hereby directed to advertise for proposals to the contractors for the construction of the above men- tioned improvement. Passed, adopted and approved this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 306.70 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette papers within said City. Kennedy Mall Cinema, Inc., 555 John F. Kennedy Road Bishops Cafeteria, 555 John F. Kennedy Road Tobacco Village, 555 John F. Ken- nedy Road University of Dubuque, 2050 Uni- versity Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Attest: Leo F. Frommelt City Clerk Adjourned Regular Session, September S, 1970 395 Councilman Bitter moved adop. tion of the resolution. Seconded by Councilman Pregler, Carried by the following vote: Yeas --Mayor Meyers, Council- nwe Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 307.70 w=g,EAS, applications f o r Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses b^ issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Leone Tarry, 1091 White Street Cyril Meitl, 1555 Central Avenue William A. Baker, 1064 University Avenue Theodore J. Ferring, 385 East 13th Street Arsenius A. Hanson, 107 Locust Street Bessie Sfikas, 926 Main Street Leona R. Friedman, 620 East 16th Street CLASS "C" BEER PERMIT Thomas A. Oeschger, 815 West 5th Street Randalls Foodarama, 2600 Dodge Plaza 20 Passed, adopted and approved this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Mold-nhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop. tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council men Bitter, Couchman, Molder hauer, Pregler. Nays --None. RESOLUTION NO. 308.70 WHEREAS, applications for Beet Permits were filed by the withir named applicants and they haw received the approval of thi Council; and WHEREAS, the premises to bi >ccupied by such applicants were nspected and found to comply Wth the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE. SOLVED by the Cty Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Leona Tarry, 1091 White Street Cyril Meitl, 1555 Central Avenue William H. Baker, 1064 University Avenue Theodore J. Ferring, 385 East 13th Street Arsenius A. Hanson, 107 Locust Street Bessie Sfikas, 926 Main Street Leona R. Friedman, 620 East 16th Street CLASS "C" BEER PERMIT Thomas A. Oeschger, 815 West 5th Street Randails Foodarama, 2600 Dodge Plaza 20 BE Ir FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are hereby approved. Pased, adopted and approved this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Lea F. Frommelt City Clerk Councilman Bitter moved adop. tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 30970 WHEREAS, applications f o r Liquor permits have been submit- ted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL ACT -- CHAPTER 123 --- as amended by the 60th General Assembly, 1963. 396 Adjourned Regular Session, September 8, 1970 CLASS "C" COMMERCIAL ESTABLISHMENT William H. Baker, 1064 University Avenue Bessie Sfikas, 926 Main Street Leona Tarry, 1091 White Street Passed, adopted and approved this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 310.70 W H E R E A S, applications for Liquor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were Inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is. sued to the following named ap- plicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT William H. Baker, 1064 University Avenue Bessie Sfikas, 926 Main Street Leona Tarry, 1091 White Street Passed, adopted and approved this 8th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council. man Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Mayor Meyers moved and pro- claimed the week of September 20th to 26th V.F.W. Freedom Sig. nature Week, also known as PRO. JECT POW". Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. There being no further business Councilman Couchman moved to adjourn. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Leo F. Frommelt, City Clerk Approved Janu.a.0 4. 197 Janua ry... 4. ... 1971 ........... Special Session, September 14, 1970 397 OTY COUNCIL OFFICIAL special Session, September 14, 1970. Council met at 7:30 P.M. Central Daylight Time. Present --Mayor Meyers, Council- men Couchman, Pregler. City Ma- nager Gilbert D. Chavenelle. Absent—Councilman Bitter (at roll call) Councilman Moldenhauer (out of city). Mayor Meyers read the. call and stated that service thereof had been duly made and this meeting is called to ACCEPT PRESENTATION OF THE 1971 BUDGET COMPILED BY THE CITY MANAGER, VO- LUME 1, and acting upon such other business as may properly come before a regular meeting of the City Council. Communication of Dubuque Ad- visory Commission requesting re- duction of voting precincts prior to the meeting of the 1971 State Le- gislature, presented and read. Councilman Pregler moved that the communication be referred to the City Clerk. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Couchman, Pregler. Nays — None. Absent — Councilman Bitter, Moldenhauer. Communication to Mr. Tial Rey- nolds from the League of Women Voters encouraging direct involve- ment of the people who will be living in the low-cost housing through the formation of an AdHoc Committee or similar group, pre- sented and read. Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, men Couchman, Pregler, Nays — None. Absent — Councilmen Moldenhauer. Council June 23, 1970 To the Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the Code of Iowa, 1966, the Civil Service Commission conducted entrance examinations on April 29, 1970, f r the Police Department. The following named person has passed both the written and physi- cal examinations and is hereby cer- tified for appointment to the Po- lice Department. Bradac, Theodore G., 70% Fire Entrance examinations were given also on April 29, 1970 to eleven applicants without positive certification results. Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan LeRoy H. Giles Civil Service Commission .Attest: I.eo F. Frommelt Clerk Subscribed and sworn to before .ne this 1st day of July, 1970. Eugene J. Berens Notary Public Mayor Meyers moved that the communication be received and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Couchman, Pregler. Nays — None. Absent — Councilmen Bitter, Moldenhauer, September 14, 1970 To the Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted Entrance Examinations on July 1, 1970 for POLICE AND FIRE DEPART- MENTS. The following have passed both the written and physical examina- tions and are hereby certified for appointment to the Police and Fire Departments. FIRE Egan, John F .............................82% Bitter, Kreiman, Richard ..........•.••• •••79% Barry, Patrick A. ..74% 398 Special Session, September 14, 1970 POLICE Lovett, Joseph M . ....................78% Schriver, Randall L . ................77% Timmerman, Leroy 3 .................77% Respectfully submitted, LeRoy H. Giles Chairman Gerard B. Noonan Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 14th day September, 1970. Eugene J. Berens Notary Public Mayor Meyers moved that the communication be received and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Couchman, Pregler. Nays — None, Absent — Councilmen Bitter, Moldenhauer. September 14. 1970 To the Honorable Mayor and City Council I request that Leo Frommelt be given authority to sign city papers on behalf of the City Manager during my absence from the city, September 18.24. The papers will consist largely of purchase orders and warrant authorizations. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the request. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Couchman, Pregler. Nays — None. Absent — Councilmen Bitter, Moldenhauer. Notice of Claim of Agnes Ann Wolf, in the amount of $125.56, for car damage incurred as the result of fallen tree limb striking wind- shield on September 9, 1970, pre- sented and read. Councilman Couchman moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Couchman, Pregler, Nays — None. Absent — Councilmen Bitter, Moldenhauer, Notice of Claim of Mrs. Ida Ream, in an undetermined amount, for personal injuries received in a fall near the curb across from 245 Julien Dubuque Drive on Septem- ber 6, 1970, presented and read. Councilman Couchman moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Pregler. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Couchman, Pregler. Nays — None. Absent — Councilmen Bitter, Moldenhauer, Notice of Claim of Geraldine M. Leslein, in the amount of $151 for car damage incurred as the result of being struck by a city street sweeper at Providence and Wind- sor Avenues, on August 28, 1970, presented and read. Councilman Couchman moved that the notice of claim be referred to the City Solicitor for investigation and re- ferred to the City Solicitor for in- vestigation and report. Seconded by Counrilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Couchman, Pregler. Nays — None. Absent — Councilmen Bitter, Moldenhauer. Notice of Claim of Mamie Hill, in the amount of $111.80, for per- sonal injuries received in a fall on the steps of the City Hall on June 5, 1970, presented and read. Coun- cilman Couchman moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Couchman, Pregler. Nays — None. Absent — Councilmen Bitter, Moldenhauer. Special Session, September 14, 1970 399 ORDINANCE No, 44.70 An Ordinance Amending Ordi- nance No. 33-49 known as the .,Traffic Code of a new sub- section amended, by enacting section 106 to Schedule VI thereof to prohibit parking of motor ve- hicles on the south side of Wilbur Lane from Alice Te Terrace, to Grove presented and read. Councilman Pregler moved that the Ordinance just read be referred to next week's agenda. Seconded by Councilman Couchman. Carried by :he following vote: Yeas — Mayor Meyers, Council men Couchman, Pregler. Nays — None. Absent — Councilmen Bitter, Moldenhauer. Petition of Bernard N. Newton requesting a refund of $150 on the unexpiredportion of Class B Beer permit N. 40, as he has discon tinued business on September 10, 1970, presented and read. Mayor Meyers moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Couchman, Pregler. Nays — None. Abient — Councilmen Bitter. Moldenhauer. Petition of Francis T. Kohl re- questing a refund of $75 on the unexpired portion of cigarette li- cense No, 99, as he has discon- tinued business on August 19, 1970, presented and read. Mayor Meyers moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Couchman, Pregler. Nays — None. Absent — Councilmen Bitter, Moldenhauer. Petition of Dubuque Professional Fire Fighters Assn, requesting to be heard at the September 14th meeting on proposed budget mat- ters, presented and read. Mayor Meyers moved that the petition be received and filed and that the rules be suspended in order to let anyone present address the Council it they so desire. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Couchman, Pregler. Nays — None. Absent — Councilmen Bitter, Moldenhauer. Mr. Ronald Kann, President of the Fire Fighters Assn. spoke of the disparity between the Police and Fire Departments. COUNCILMAN BITTER ENTER- ED THE COUNCIL CHAMBERS AT 7:43 P.M. Mr. Merle Bandy, President cd the State of Iowa Firefighter's Assn. stated that their organiza- tion contacted the City Manager's Assn. to help cities on millage but were not successful. Mr. John Maas, President of the Policemen's Assn. endorsed the proposal in the budget for the Policemen. Fire- fighter James Miller spoke of the disparity in working hours between Police and Fire. Firefighters are working fifty six hours per week while the Police are only working forty hours per week. Councilman Pregler moved that Warren McCaw of 2057 Carter Road be appointed to the Dubuque Advisory Commission to fill the un- expired term of Keith W. Sheehy to June 1, 1971. Seconded by Coun• cilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Pregler. Nays — None. Absent — Councilman Molden- hauer. Mayor Meyers moved re-appont- inent of Lloyd Peterson for a six year term to the Airport Com- mission to 9.14.1976. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Pregler. Nays — None. Absent — Councilman Molden- hauer. City Manager Chavenelle, Asst Manager Ken Gearhart, and Per- sonnel Director Walter Bockes sub- mitted and explained various facets of Volume 1, program budget for 400 Special Session, September 14, 1970 the year 1971. The expense require- ment is $9,897,897, to he financed with a tax rate of 49.546 mills on an estimated $95,063,237 value of property subject to taxation. City Manager Chavenelle submitted and read his budget message in detail, upon the conclusion of which Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Pregler. Nays — None. Absent — Councilman Molden- hauer. There being no further business Mayor Meyers moved to adjourn. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Pregler. Nays — None, Absent — Councilman Molden- hauer. Leo F. Frommelt City Clerk Approved At3T?.UB:Z'.J..... 4, .... 194. anuary eke, City Clerk Special Session, September 21, 1970 401 CITY COUNCIL OFFICIAL Special Session, September 21, 1970. Council met at 7:30 P.M. (Cen- tral Daylight Time) Present—Mayor Meyers, Council- men Couchman, Moldenhauer, Pregler. Absent—Councilman Bitter (at roil call). Absent—City Manager Gilbert D. Chavenelle (out of city) Mayor Meyers read the call and stated that service thereof had been duly made and this meeting is called for the PURPOSE OF ACTING UPON A RESOLUTION AUTHORIZING THE SALE, IS- SUANCE, AND DELIVERY OF PROJECT NOTES IN THE AG- GREGATE PRINCIPAL AMOUNT OF $3,265,000. AND THE EXECU- TION OF A REQUISITION AGREE. MENT NO. 3, IN CONNECTION WITH PROJECT IOWA R-15, and acting upon such other business as may properly come before a regu• lar meeting of the City Council. Councilman Pregler moved that the communication be received and filed and the recommendation approved. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council. men Couchman, Moldenhauer, Pre- gler. Nays — None. Absent — Councilman Bitter, September 17, 1970 Honorable Mayor and Council Members The Planning and Toning Com- mission has reviewed plans for the City -County Law Enforcement Cen- ter. The Commission found that the present Fpace used by the Police Department and Sheriff's Office are inadequate for good perfor- mance of the two functions. The Commission also found that by having the two functions in proxi- mity permits sharing of equipment, facilities and personnel. It is the opinion of the Commis- sion that by having the two func- tions housed together that a bet- ter working relationship can be developed and that. benefits will be derived from this relationship. It is the recommendation of the Planning Commission that the plans for the Law Enforcement Center, as proposed, be approved. Respectfully submitted, City Planning and Zo- ning Commission Don Gilson City Planner Communication of Dubuque Area Council of Executives, which is composed of 35 executives and%br administrators representing areas of health, recreation, education, law enforcement and social ser- vices, Donald R. Osborne, Chair- man, expressing readiness to as- -ist with publicity and public re- lations concerning the communi- cation of the need for the new law enforcement center, presented and read. Mayor Meyers moved that the communication be received and filed and directed the Clerk to send a letter of thanks. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Ypas — Mayor Meyers, Council- men Couchman, Moldenhauer, Pre. gler. Absent — Councilman Bitter. COUNCILMAN Br TER ENTER- ED THE COUNCIL CHAMBER AT 7:38 P.M. September 17, 1970 Honorable Mayor and Council Members The City Planning and Znning Commiminn has held a puble hear- ing on a propnsal to reclassify from Multiale Residence to Local Business "B", property described aq T,otg R. 9, and 10 of Block I and Lnts 8, 9, and 10 of Block 2 in Wegtchegter Subdivision, all in the City of Dubuque, Iowa. This pro- perty is located on the South side (if Asbury Road, approximately 800 feet west of Kennedy Road. This would be an extension of an existing Local Business "B" Dis. trict. The applicant has proposed to construct a super market on this site, and it has been found that the area presently zoned Local Business "B" is not large enough to accomodate this use. It was the opinion of the Com- mission that the market would be an appropriate use a 402 Special Session, September 21, 1970 was consistent with their original intent in establishing this Com- mercial District. It was further the opinion of the Commission thatto enlarge the District to accommo- date this use would be consistent with the planning for this area. Abutting property on the south and west is owned by the applicant and is classified. Multiple Resi- dence, and property across Asbury Road is classified Multiple Resi- dence, also. It is the recommendation of the Commission that the proposal be approved. Respectfully submitted, City Planning and Zoning Commission Don Gilson City Planner Councilman Pregler moved that the communication be referred for proper proceedings. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. September 17, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a public hear- ing on a proposal to amend Article IV, Section 2 (i) of the Zoning Or- dinance to include property de- scribed as Lot 2 of Lot 2 of Lot 2, of Out Lot 670, all in the City of Dubuque, Iowa, The above described property is located in a Multiple Family Dis- trict. The proposal, as stated, would permit a parking lot on the pro- perty in addition to the other uses permitted in the Multiple Resi- dence District. This property lies adjacent to the Sinclair station on the corner of 17th and Locust, Streets, The in- tent of the application is to use the parking lot in conjunction with his filling station and garage busi. nesses. In reviewing this matter the Commission found that traffic congestion exists in 17th Street in the vicinity of this property and that it is the recommendation of the Traffic Committee that park- ing be removed from one side of the street. The Commission also found that the bulk of the parking is generated by the filling station and garage business. It was the general opinion of the Commission that this is not an ap- propriate area to encourage ex. pansion of commercial uses, how. ever, because of the existing prob- lems it was in the best interests of everyone involved to find some so- lution to the parking and traffic situation. It is the recommendation of the Commission that the proposal, as stated, be approved so that an off- street parking lot can be con. structed. Respectfully submitted, City Planning and Zoning Commission Don Gilson City Planner Councilman Pregler moved that the communication be referred for proper proceedings. Seconded by Councilman Couchman. Carried by the following vote: Yeas -- Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. September 15, 1970 Honorable Mayor and City Council On August 14, 1970, Mrs, Marie Sf,hlueter, of 622 Lincoln Avenue, this city, filed claim against the City of Dubuque, Iowa in an un- determined amount, alleging per- sonal injuries and damages to her on August 7, 1970 as the result of a fall at or near 2108 Johnson Street on an alleged cracked and raised sidewalk at said place. This matter was referred to the writer who has made an investi- gation of same and has conferred with the claimant who has made an offer of settlement of said claim in the amount of $75.00 and that in view of the foregoing it is the recommendation of the City Attorney that said offer of settle- ment be accepted and that the City Auditor be instructed to draw a warrant payable to Mrs. Marie Schlueter in the amount of $75.00 and transmit same to the City Attorney for delivery upon receipt of duly executed releases. Original claim is returned here. with. Yours very truly, R. N. Russo, City Attorney Special Session, September 21. 1970 403 Mayor Meyers moved approval of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: yeas — Mayor Meyers, Council- men Bitter, Couchn,an, Molden- hauer, Pregler. Nays — None. September 15. 1970 Honorable Mayor and City Council On August 21, 1970, Richard Kolck III of 975 Kirkwood, this city, filed claim against. the City of Dubuque for damages in the amount of $150.00 and alleging that claimant suffered a sprained ankle and a chipped bone in the ankle on August 3, 1970 as the result of allegedly stepping into an irregular hole in the gutter at the intersection of loth and Alain Streets in this city at its south- west corner. This matter was referred to the City Attorney who has made an investigation of same and has con ferred with one of the witnesses and has examined the site person- ally and it is the opinion of this writer that if there was an action- able defect existing in said cross walk that the claimant was con- tributorily negligent as a matter of law by reason of the fact that if he had kept a proper lookout for his own safety he would have ob served the readily available alter- nate safe route and accordingly, it is the recommendation of the City Attorney that said claim be denied. Original claim is returned here with. Yours very truly, R. N. Russo, City Attorney Councilman Pregler moved ap proval of the recommendation. Seconded by Councilman (ouch man. Carried by the following vote: Yeas — Mayor Meyers, Council men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. September 15, 1970 Honorable Mayor and CAN Council On March 11, 1969, Madeline Hickson, 201 West 17th Street, Dubuque, Iowa, filed claim against this City, in the amount of $15,- 000.00 for alleged personal injur- ies suffered by her on February 13, 1969 as the result of an al- leged fall on a public sidewalk at a point approximately in front of the driveway at 315 West Locust Street, this city, and further al- leging said sidewalk was covered thereat with uneven, ridged, rough and slanting accumulation of ice and snow. This matter was referred to the writer who has made an investiga- tion of this matter, and reviewed the medical bills and has confer- red with claimant's attorney who has made an offer of settlement of -aid claim for the sum of $2.500.- 00; and it is the recommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be in- structed to draw a warrant pay- able to Madeline Hickson and Thomas Hickson, wife and hus- band, in the amount of $2,500.00 and transmit same to the City At- torney for delivery upon receipt of duly executed releases. The City Attorney proposes to recover the amounts advanced from the abut- ting proprty owner by reason of the fact that the City believes that affirmative acts of negligence by the abutting property owner would warrant recovery of the amount herein paid. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Mayor Meyers moved approval of the recommendation. Seconded by Councilman Pregler, Carried by the following vote: yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Notice of Claim of Philip F. Petsch, in the amount of $260.04, for car damage incurred as the result of his car being struck by a tree limb while traveling on the exit road from Eagle Point Park on September 9, 1970, pre- sented and read. Councilman Bit- ter moved that the claim be re. ferred to the City solicitor for proper action and report. Second- 404 Special Session, September 21, 1970 ed by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Notice of Claim of Gerald Dono. van, in an undetermined amount, for sidewalk damage incurred as the result of an uprooted tree at 1731 University on September 9. 1970, presented and read. Council- man Bitter moved that the claim be referred to the City Solicitor for proper action and report. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Notice of Claim of Mrs. Kath erine Rogers, in an undetermined amount, for car damage incurred as the result of a tree falling on her car at 616 Providence Street on September 9, 1970, presented and read. Councilman Bitter mov- ed that the claim be referred to the City Solicitor for proper action and report. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 4470 An Ordinance Amending Ordi- nance No, 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new subsection 106 to Schedule VI thereof to prohibit parking of motor vehicles on the south side of Wilbur Lane from Alice Street to Grove terrace, presented and read. Councilman Moldenhauer moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Councilman Moldenhauer moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Coun. cilman Pregler. Carried by the fol. lowing vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. ORDINANCE NO. 44.70 AN ORDINANCE AMENDING ORDIN. ANCE NO. 3349 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE IOWA" AS AMENDED, BY ENACTING A NEW SUBSECTION 106 TO SCHED. ULE VI THEREOF TO PROHIBIT PARKING OF MOTOR VEHICLES ON THE SOUTH SIDE OF WILBUR LANE FROM ALICE STREET TO GROVE. TERRACE. NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubu. que, Iowa" as amended be and the same is hereby amended by enacting a new subsection 106 to Schedule VI thereof as follows: SCHEDULE VI: 106. South side of Wilbur Lane from Alice Street to Grove Terrace. Passed, approved and adopted this 21st day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt, City Clerk Published officially in The Telegraph - Herald Newspaper this 25th day of September 1970. Leo F. Frommelt City Clerk It. 9/25 Councilman Moldenhauer moved final adoption of the Ordinance. Se- conded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 47.70 Vacating portions of Certain Streets and Alleys in the Down- town Urban Renewal Project Area and Amending Ordinance No. 45-70, presented and read. Mayor Meyers moved that the reading just had be considered the first reading of the Ordinance. Se- conded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Mayor Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Special Session, September 21, 1970 405 Couchman. Carried by the follow- ing vote: yeas -- Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Mayor Meyers moved final adop- tion of the Ordinance. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- ORDINANCE NO. 47.70 hauer, Pregler. VACATING PORTIONS OF CERTAIN Nays — None. STREETS AND ALLEYS IN THF: Proof Of Publication, °tion, certified to DOWNTOWN UR13AN RENEWAL. PRO- JECT AREA AND AMENDING ORDIN- by the Publisher, of notice of pub. ANCE NO 45-70. WHEREAS under date of July 26, lie hearing on a proposed Ordi. 1967 the City of Dubuque and the Unwed States of America entered into nance known as the Plumbing Code a Loan and Capital Grant Contract for presented and read. Councilman the undertaking of the Downtown Ur- ban Regis thProject Iowa R 15; and of Dubuque publication be received and filed. WIIEursuant to the Urban Renewal Pluto p Seconded by Councilman Couch - for said Project, has acquired real es man. Carried by the following vote: tale, relocated site occupants, demolish yeas — Mayor Meyers, Council - ed and removed site Improvements. and has otherwise prepared certain men Bitter, Couchman, Molden. land for reuse purposes; and hauer. Pregler. WHEREAS, In order to dispose of said land for redevelopment in accord Nays — None, an, it is once neces necessarysaid that l)portionswal of certain streets and alleys in the Project Area Mayor Meyers moved that the I)e vacated; and rifles be suspended in order to let WHEREAS, the Planning and ZoninC anyone present address the Coun- Commisslon of the City of Dubuq ue, Iowa, has recommended the vacatlon cil if they So desire. Seconded by of said portions of street and alleys in Councilman Bitter. Carried by the the City of Dubuque, as said streets f - flowing Foie: and portions of alleys arc no longer needed for public right-of-way purpos Yeas — Mayor Meyers, Council - es now threefore hE IT ORDAINED BY THE CITY men Bitter, Couchman, Molden- 000NCIL OF THE CITY OF DUBU. hauer, Pregler. QUE, IOWA: SECTION 1. That that part of Orig- Nays — None. Incl West Seventh Street commcncI g at the Southeast corner of City Lot 25, Mr, Ronald Kann spoke of Sec - thence South 22'30' East. 10.99 feet, thence South 67'57' West, 98.37 feet, tion 15 of the proposed plumbing thence North 22°30' West, 1056 feet ordinance which forbids plumbing to the original northerly street line of west seventh Street thence North in your own home. To him this is 67°41' East, 98.37 feet along the original considered discriminatory and it northerly street line of West Seventh Street to the point of beginning be gives cause t0 go underground. Is and the same is hereby vacated. it wicked to do your own plumbing. SECTION 2. That that part of Origi- nal West Seventh Street commenrim! Dir. Robert Vernon Of 120 Hill at the Northeast corner of Cltv Lot 24 Street seemed to blr in agreement thence South 67'41' West. 98% feet along the original southerly street line with Mr. Kann. Building Commis - of West Seventh Street, thence North sioner Bandy stated that Mr. Kann 22'30' west, 2832 feet, thence North 67'51.5' East. 96.36 feet, thence South was given an opportunity to pass 22'30' East, 28.02 feet to the point of the examination. No one is re - beginning be and the same Is hereby vacated. stricted from taking a test. Mr. SECTION 3. That Section 1 and Sec. Dick Kaiser raised the point as to tion 2 of Ordinance No 4570 passed the 8th day of September, 1970, an it passing a wiped joint test, which heretofore existed be and the same Is seems to be a stumbling block for hereby repealed and declared null and void. an ordinary handy man that is SECTION 4. That the City Clerk be able to do plumbing. Mr. Bandy ex and is hereby authorized and directed to file a copy of this Ordinance In the plained that his department would Office of the County Recorder in and rather be inspectors and not in - fur Dubuque county, Iowa. structors. Dir. Harry Grant of State Passed, approved and adopted this 21st day of September, 1970 Department of Health, addressed Donald R. Meyers t0 Section Walter Council by referring Walter A. Pregler Wayne A. Moldenhauer 368.17 of the State* Code stating Gavlord M Couchman the authority t0 examine and li- Josenh J. Bitter cense plumbers rests with the City ATTEST: Councilmen Council providing the plumbing re - Leo F. Frommelt, gulations are not inconsistent with City Clerk was raised Published officially in The Telegraph- state laly. Some question Herald Newspaper this 25th day of as to the use of plastic pipe. Mr. September 1970 Leo pipe has Leo F. Frommelt Grant stated that P the State. It 9/25 City Clerk not been accepted by 406 Special Session, September 21, 1970 Mr. Bandy suggested that the ORDINANCE No. w7o Plumbin Board be expanded from AN ORDINANCE prescribing regu. g p lation for the installing in or for three to five members. apparattus°foPipes, ngint?, In the water Supply and removing liquid and water ORDINANCE No. 48.70 carried wastes, in the City of Du. buque, and the issuance of Permits An Ordinance prescribing regU therefor: to Provide for the inspec- tion of such plumbing and house lation for the installing in or for drainage systems and for the en. forcement of such rules and regula- buildings of pipes, fixtures and tions, and to Prescribe Penalties for other apparatus for bringing in plumbingib ardhp ovfiding foreexam the water supply and removing lation and licensing of Plumbers, fix. Ing a fee for licenses and prescribing liquid and water carried wastes, a Penalty for doing plumbing work or engaging in the Plumbing business in the City of Dubuque, and the without a license, and to repeal Ordi- issuance of permits therefor: to nances No. 21-55,49-55, 64.55, 16.59, 63-`.9, 21-64, 22.64 and 23-64. provide for the inspection of BE IT ORDAINED BY THE CITY such plumbing and house drain- COUNCIL THE CITY OF p g DUBUQQ UE, IOWA: age systems and for the enforce- ARTICLE 1. ADMINISTRATION Section I. Drvis on of P,umbing In. ment of such rules and regula- spection: The division of Plumbing inspection Is hereby established in tions, and to prescribe penalties the building department to enforce thelaws and ordinances governing for the violation thereof: to cre. Plumbing, and shall be composed of ate a plumbing board providing a chief plumbing inspector, Plumb.ng board and such assistant plumbing for examination and licensing of Inspectors as the City Manager shall lumbers, fixing a fee for licen- appoint. p of 5 Plumb ng Iction 2. nspectors: s: TheCa tions ses and prescribing a penalty for Chief Plumb.ng mspectcr and the assistant doing plumbing work or engag- Plumbing inspectors shall have such duties and responsibilities as may be ing in the plumbing without a prescribed by the City Manager, A license, and to repeal Ordinances plumbing inspector must held a Du- bUque license AS a i0urneYman or No. 21-55, 49-55, 64-55, 16-59, 63- master Plumber and had have at least five (6) years experience as a iour- 59, 21.64, 22-64 and 23-64, neYmanPlumlhum Section bing Board, the City presented and read. Manager shall, with the consent and approval of the City Council, appoint Councilman Couchman moved a Plumbing board consisting of five that section 3 of the Ordinance be members, one cf whom shall holo a license as iournevman plumber of at am^nded b> adding "and the fifth least five Years experience, one a member of the local board of health, members shall be one who holds a and two master plumbers who have engaged in the Plumbing business as Bachelor of Science degree in the master plumbers for at least (s) area of physical sciences" Upon ap- Years in this city, and the fifth member shall be one who holds a proval of the City Attorney. Se- Bachelor of science degree in the area of Physical sciences. Bonded by Councilman Molden- section 4. Term of Office: Members of the plumbing board shall serve hauer. Carried by the following fcr a period of five Years, or until vote: their successors are duly appointed as qualified. The initial appointment Yeas — Ma or Me erS, Cpun(il shall be: one member one Year, one 3 Y member two years, one member men Bitter, Couchman, Molden- three Years, one member four rears and one member five Years. hauer, Pregler. Should a vacancy in the board oc- cur it shall be the duty of the chief Nays — None. Plumb;ng inspector to notify the City Manager cf such vacancy and the City Manager with the consent and Councilman Couchman moved approval of the city Council, shall that the reading just heel be Con- immediately appoint a new member of the board to fill the unexpired sidered the first reading of the Or- term• Section S. Compensation of Plumb- dinanee. Seconded by Mayor Me- Ing Board: The compensation which yens. Carried by the following shall be paid to the members of the g Plumbing Board shall be five dollars vote: ($5.00) per meeting, but in no case shall the compensation exceed Pay Yeas — Mayor Meyers, Council- forCotwC1cilshalmeetin provs Per YYear. e en Bitter, Couchman, Molden- In which said Plumbing 3r:.;u may hauer, Pre ler. hold Its meetings and sl ell provide g said Board with all the necessary Nays — None, and Incidental equipment and facili. ties for holding the examinations and pay the expense thereof. Councilman Couchman movedSecton 6. Quorum: Three members of said Plumbing Board shall Constl- that the rule requiring an Ordi- tune a quorum for the transacting of nanc to be read on three separate salidbboard .hall ®requireoa tmalorittaken y days be waived. Seconded by VOSectionall7. Clerkers fof Bsoaaldd boT e Mayor Meyers. Carried by the fol- jh lleclerkmbina Icf nspector shall land lta t all lowing vote: be his duty to keep a record of the meetings of said board and to regis- Yeas — Mayor Meyers, Council. ter the names and residences of all rd, the men Bitter, Couchman, Molden- resultnsof xthelnexamyinationsaidb end the hauer, Pregler, kind of license Issued to each, If mny, Nays and the date thereof, assist the beard Y — None. 1n Preparing, conducting and grading examinations, and maintain a roster Special Session, September 21, 1970 407 andalperform such othlth er clerical du, Iles pertains to the board. Section B, Powers and DJties: The Plumbing Board shell meet at least once every three months. They shall also meet whenever the board cf health or the City Manager shall, In writing, request them to do soouch board shall examine all Persons ap. plyingfor or IrMaster plumcenses as ersJourneyman to de. termine their fitness and qualifica- tions as Journeyman plumbers or master plumbers and shall issue li- censes to all persons who shall have passed a satisfactory examination be- fore such board and, shall be deter- nsed Journeyman plumbersd or licensed master plumbers. Approval of Material, Method, Equipment Not Covered by Ordi. nance. The board shall have the authority to approve materials, de- vices, fixtures, and methods of as - semblance, appliances or types of In- stallations not covered specifically by this rrdinance and In the event of na- tional emergency or some other Cause beyond local crntrol by reason of which materials, devices. fixtures, methods of assemblage. appliance and types of installations hall not be reasonably available, the boa -d alteirnatese The aboard mtY ay aattrOits discretion Invest as m:,ch of this authority in the plumb nu inspector asthe, addms fit and d. sanAPpeal Boa Any person directly interested, who Is aggrieved by a decision of the Plums ing inspector, or from any require- ments off thlsi ordinance tmayeeabprec I Boards and uch sr d aboard shall serve as an Appeal Board, and the board shall sit in hearing. In case the party aggrieved is a board member, said member shall be disqualified as a member of the board acting as an Appeal Board, until the person ag- grieved has been heard and a de- cision rendered. The Appeal shall be made by the Person Aggrieved, giv- ing written notice of such Ap Peal t) the plumbing inspector, wllhfn seven days after becoming aggrieved. The Appeal Board shall meet within seven (1) days after giving of such notice, five l5)all daysthereafter a rl.. Anynintere0- ed party including the plumbing In- spectors have the right to PrPSent the case to the Appeal Board, whose de- tsjthsiCctlorItserooe Cv unci, unless Cu t as Provided for by law. Revision of the Code or Ordinance. It shall be the duty of the board to receive and consider suggestions for rev'irlon ander irnprrvomertr mf thls ordinance and If, In the OPiniOn Of the board, such suggestions w,u con- tribute to the objectives of this or- dinance the board shall submit such suggestions to the City Manager and Council for consideration, or other appropriate action. Section 9. Qualifications of Journey- man Plumber: A Journeyman Plumb- er must be able to read blue Prints. do simple mathematical prrblem', and must know the city Plumbing ordinances and the rules and regula- tions of the local or state boards of health governing plumbing He shall Pass a satisfactory examination show - Ing that he has the above quallfica- tions and Is capable of performing Practical Plumbing and Is entitled to a license as a Journeyman plumber. Section 10. Qualification cl a Mas- ter Plumber: A master plumber shall have A general Practical knowledge of the purpose and method of the con struction of plumbing work, be corn potent to plan and supervise the Installation of Plumbing and shall be required to have some knowledge Of mechanical drawing and Pass a satisfactory examination showing he has the above qualifications and i, entitled to a license as a master Plumber. Section 11. License: Any per -.on de siring to be examined for a license as a Journeyman Plumb -r or master Plumber, as delermined In this or- dinance by the Plumbing board shall make application to the Plumbing board rn blanks furnished by the board, setting forth information nec- essary to establish his qualifications as such, and each application shall be accompanied by a receipt from the City Treasurer for the examina. tion fee of ten dollars 1510.00) for examination for a master plumber, and five dollars ($5x00) for examina- tion for a Journeyman plumber. Section 12. Any Person currently li- censed as a Journeyman plumber by the City of Dubuque shall be entitled to a license as• such without examina- tion upon application to the Plumbing board within four months from the date hereof. Any Person currently licensed as a master plumber by the City of Dubuque shall be entitled to a Incense as such without examination upon application to the Plumbing board within four months from the date hereof. Section 13, Renewals: Licenses may be renewed annually upon presenta- tion of the treasurer's receipt for the renewal tee on or before January 31 of each year commencing with Jan- uary 31 of the year following the Year in which the license was first issued. The date of such renewal shall be endorsed on the license. In the event the holder of any such license shall fail to renew the same in the manner herein provided, the license shall expire and a new one shall not be Issued except in com- Pllance with Section 11 hereof. The annual renewal fee shall be two dollars (52.00) for master Plumber and one dollar ($1.00) for Journeyman Plumber. Section 14. In addition to the Pen. alties hereinafter provided, when any holder of a license issued under the provisions of this ordinance shall have been convicted of no re than one violation of the provisions hereof, the plumbing board may, in its dis- cretion, revoke such license, where- upen the holder shall on receipt of written notice of such revocation, surrender such license.. In the event any person shall feel aggrieved by the action of the board in revoking his license, he may appeal from such action 10 the City Council by filing written notice of his arpeal within ten days from the dale of mailing of such notice. The council shall give five days written notice of the date and time of hearing to the appealing party, plumbing board and the chief inspector. Upon hearing, the City Council may affirm, mrdify or over. rule the action of the board. Section15. Master Piumber's LI- cen•e: That, except for the work de- scr bed in Section 22, no person, firm or corporation shall engage in Install- ing in buildings, pipes, fixtures and other ing in the water apparatus for removing uPPlyandg II Ad and water carried wastes, in the Cfly of ob- tained asterPlumber's Dubuque a uWnout first a License. Section 16: Employment person, Li- censed Plumber: That firm or corps ration shall employ any stthe art of In alling in or forrebuirldings the pipes, fixtures and other apparatus for bringing Inthe water supply and m reoving liquid and wafer -carried wastes unless the person s0 emplo' P" Is a licensed master plumber. The lion Isshall not apply to Ilicensed'our- neyman plumbers under the direct surervislon plumber, and In the master Plumbers employ- ment. Section 17. Master Pie,mber: Shall Include any person, firm or corpor ation engaged In the business of plumbing, other than as a Ir,urney- rnnn plumber, actually engaged in the installation of plumbing, and who employs other licensed plumbers or apprentices and who is skilled In the PiannIT"', superintanding and practical installation of plumbing and famillar with the laws, rules and regulations governing the same Secti-n 10. Apprentice: The term "apprentice" shall Include any Per- son who does not hold a Iicenr.e as a journeyman plumber or master plumber and is assisting in the In stallation, alteration or rapalr of plumbing. 408 Special Session, September 21, 1970 Section 19. Apprentice: No master Plumber shall hire or employ or have In his employ, any apprentice to perform any plumbing work unless the apprentice Is actually in the presenceof and with a licensed perform heerWork of a on oapprentice plumber shall register his name as an apprentice, with the plumbing board at the time of entering cn such emploYMent, and on or before the first day of February of each year, thereafter so long as such employ- ment shall continue No master plumber shall hire or employ, or have In his employ any apprentice who is not registered with the plumb- ing board. Section 20. Plumbing Permit: That no Person, firm or corporation shall otin installing pipes, fixtus, or her apparatus for bringing ren the water supply or removing liquid and wafer -carried waste In or for any building in the City of Dubuque ex- cept as Provided In Section 22 unless a permit for such work has been Issued by the division of Plumbing Inspection to a master plumber. Section 21. Application for Permit: Any licensed master Plumber de- siring a plumbing permit shall file with the division of plumbing ln- specilon an application in writing for such permit stating therein the street and house number, with the owner's name, the name of the licensed Plumber, specifying the work to be done and that such work will be done In accordance with the ordinances of the City of Dubuque, and rules and regulations of the local and state boards of health. Section 22. When Permits are Not Required: Permits will not be re. quired for the removal of stoppage in soil or waste pipes or for replacing broken fixtures, or tanks, or faucets, or repairing leaks In waste Pipes or water pipes or tanks, but when re- pairs are made, only fixtures shall be used to replace broken fixtures as shall conform to the Provisions here'n prescribed. Traps not previously vent- ed when repaired shall be finished with an approved anilsyphon trap. Nothing herein shall, however, br construed to permit excavating in the streets or other Public Places in the City of Dubuque, without first having obtained a permit and paying the fee therefor. Section 23. Permits Issued: Upon the approval of the application Pro- vided for In Section 21 hereof, the division of plumbing inspection shall Issue a permit to the person aopl,+- ng therefor, stating the name of the owner of the property, the name of the licensed plumber to whom the permit Is Issued, and the street and house number, and the work author- Ixed to be done thereunder. No Per mit shall be Issued for additional Plumbing work In any bulid!ng where theplumbing is found detective or has been Instatied or Is being main- tained contrary to the Provisions of the City plumbing ordinances, or the rules and regulatirns of the local or state boards of health, unless such plumbing Is to be corrected, and the permit is taken out to cover the correction of such work. Section 24. Permits Fees: There shall be charged for the Inspection o. all Plumbing work, either new, re. Placed or reconstructed, a Permit fee as follows: For the first four fixtures or fixture Openings $2.00 ea. For each additional fixture or fixture Opening $1.00 Each parage wash rack, settling ba. sin, oil separator, blow off basin, sewage elector or similar equip. ment shall be considered as a fixture. For each bar, soda fountain, refrig. erator, air conditioning unit or simi- lar equipment requiring Indirect con- nectlons to the sewer, each open. Ing shall be considered as a fix- ture, and the fee for each such For each building unitaall ry or storm sewer $2.00 For each domestic hot water storage tank furnace rcollsn rangeller apparatus $1.00 For each water softener, or similar device connected to the water supply 5.00 For reinspection of any work found defective or Installed contrary to the requirements governing the in- stallation of Plumbing 55,00 Each roof, area and indirect drain opening to a city storm sewer Sl.u0 Ad such fees shall be paid to the City Treasurer who shall issue his receipt therefor, and such receipt hall be presented to lfe City Plumbing Inspector before any Per. reit is Issued to any person applying therefor. Section 25. New Permit Required: When a Permit had been issued for Plumbing work, in no case shall ad- ditional work be Put in or additional fixtures set without the approval of the chief plumbing Inspector, and a new permit shall be obtained for all such additional work or fixtures. Section 26. Destroying Certificate of Not,ce: It shall be unlawful for any Person, or persons, to willfully mutilate, deface, remove or destroy any certificate or notice Placed upon the plumbing work of any building by a city Plumbing Inspector. Section 27. Inspection of work: When a Permit has been issued fnr Plumbing work, the construction of such Plumbing shall be subiect to the inspection of the division of Plumbing Inspection at all fame and the chief plumbing inspector may revoke such Permit at any time when the work Is not being done in accordance with the ordinances of the city, or the rules and regulations of the local or state boards of f:ealth; and It shall be unlawful for any person to pro- ceed further with said work without the written consent of the chief Plumbing Inspector. Section 28. Access to Buildings: Inspectors shall have access to all buildings for the Purpo,e of etamininq and carrying Into effect the Provi- sions of the Plumbing ordinances of the city of Dubuque, or the rules and regulations of the local or state boards of health. Section 29. Request for Inspection: That any Person firm or corporation doing plumbing work In the CRY of Dubuque shall, when work has been prepared for Inspection, as provided for in this ordnance, notify the plumbing Inspector that inspection s required giving location of the premises, and the time that work will be ready for Inspection, and if, upon Inspection, the plumbing In- speclor finds the work not in Ac- cordance with the provisions of this ordinance, he shall notify the plumber doing the work or the owner of the premises, by written letter or by posting written notices upon the premises, and such letter or such postic Ired tohbel given allthe tv the defects in the work found upon in,pection and Inc threedefects shlysafternotice e corrected it Is given. Section 30. Covering or Using Be- fore Inspection: Prohibited: It shall be the duty sed ur, plumber to see thatobplumbing ing the work kIs rk has beecovn In pered or tedt ndapproved tloby the plumbing Inspector. Section 31. Variations from the Re. quirements of This Ordinance: When It is Impossible or impractical to in- stall piumb:ng In strict accordance with the plumbing ordinances or the rules and reau at'ors 01 the local or er stave) boards ofaflun,a health, u won propin . the opinion of the state department of health, are safe, will be permitted, and a special permit noting fee vari. ations will be Issued and the fee for such Installations shall be double the amount set out In Section 23 hereof. Section 32. Liability for Damages: None of the provWons of this or- ntle sen the Ince shall le, blloltytofaany persond to , or firm or corporation owning, operat- Special Session, September 21, 1970 409 Ing, controlling, Installing or repalr- Ing' awherelu damages to awork ny Person mens, or ce or tdefectsCaused thebOperationgOr Bence 0 Installation thereof Nor shell the City of Dubuque, or any of Its In- specers be held as assuming any such r Ilabl,lty by reason of the In- spectlon authozed herein or the certificates or licences Issued. Sectirn 13. The definitions of terms se} out In the Slate of Iowa code of rules governing the Installation of plumbing doP edby incities a nd tateDepa Depas artment of Health in 1%5 and known as the State Plumbing Code as amended In tern 15. Codt. oprovisions Iowa of 1962. c end chapter 66, Laws Of the 60th General Assembly, as became e4ective April 1, 1%2, are hereby adopted as the definitions of terms used In this ordinance and all plumbing done in the City of Dubuque shall be done In accordance with he above State Iowa 964 am ndmenmade10 Pitng s a 9Sand except as follows: (A) Concrete Pipe shall not be used to carry sewage except in main sewers. (B) All Joints In vitrified claY sewer file shall be hit -poured pints cnrly- Ing with Section 4.2 l6t mof the 1964 mate. of nd of terial lapproved byPrnb'nhedlCirty of Dubuque; or they may be factory applied precast lolnts cnnformin9 10 Section of the lowPlumbingCode I State964 andASTM ?Texcept preformed gake conforming o Sectio beused Code mey S1e of lowa for Plumbing bul'ding sewers from 5' outside of the build- ing to the Public sanitary sewer or a private disposal system. (C) No •form water drains or cis. tern overflow Pipes shall be can. netted either directly or indirectly to a sanitary sewer. (D) A main shutoff on he water supply line shall be aPPfOxima. TY one foot Inside the curb line 11 there Is a curb, other -wise, It shall be In the platted street close to the Oroper- tv line. An accessible shut -c" shall be Provided lust Inside the founds- tion wall and at the ootlel side of he water mrrer, for the main SOPPIY line, for each sill cock and, In bulld- Ings over three stories in height for each riser line. (E) Where cast Iron soil PIPe Is used within the bullding, It sha'I be of a grade not less than "extra - heavy." (F) The use of asbestos cement pipe or bituminous fibre pipe for house sewers shall not be Permitted. (G) The ede and fitigs%hllotbe permitted (H) Kitchen Sink Wastes: When new sink wastes are Installed or replaced In buildings under con- struction or In existing buildings be- ing remodeled, the size of the drain shall be not less than 2" Inside Pipe diameter to the kitchen sink trap. (1) Automatic Clothes Wa•hing Machines: Indirect drains or Indirect waste Piping which may receive the discharge frrm automatic clothes washing machines, shall not dis- charge the waste from any such In- direct waste or drain Into a floor drain. (J) Water Closet and Urinal Vacuum Breakers: Every water closet and every urinal shall be Provided with a vacuum breaking device of elther an approved float valve with Integral anti -syphon de- vice or an approved vacuum breaker. (K) Water Pipe Size: `Nater supply Plping from the water meter outlet shall be not less than 34" Inside Pipe diameter to the water heater and to the third branch opening for the usual single family residence. In bulldin9s other than single family residence, the PIPe slze -hall be de- termined by the methods found In the State Plumbing Code Book. (L) The use of type DWV and type M copper Pipe or tubing for soil, waste, vent or water piping Is pro- hibited Copper pipe or tubing used for Plumbing drains, soil, waste, vent or water pining shall be of a wall thickness not less than type '1L" above ground and shall be of a wall thickness not less than type "K" when buried. (M) Copper -nickel, high strength, low alloy, schedule 40 galvanlzed steel pipe with screwed cast Iron drainage fittings may be used for soil, waste, drain and vents Piping above ground where wrought Iron pipe Is permitted by the Plumbing Code. Section 74. (A) Except as otherwise speciflcal- ly authorized or required by this or- dinance, It shall be unlawful to dis- charge any air condlllonino water, drip pans, relrigerallm water or cool - Ing tower water, directly or indirectly Into any sanitary sewer or upon env public property, whether the water originated In a Public or private water supply. Provided however, that such water may be discharged Into a sanitary sewer If the same comes from equipment so designed that the total rate of discharge of this type of equipment from he premises served on such sewer could not exceed 5 G.P.M., but In no event shall the same be discharged either directly nor Indirectly upon env 0,,b- lic roadway, walkway, street, alley or other PLbllc property. (B) Separate water meters of the kind and type as swifled by he Water Department may be Installed In all Instances where water from the Public water suPPly Is used for air conditioning, refrigeration or other processing and such clear water wastes are discharged to the storm sewer or disposed of by other means than the sanitary sewer; the pur- pose of me!ering such water will be used as a deduct quantity of water used for determination Of the sewage service charge. (C) Conditions contrary to he provisions of this ordinance and In existence oft the tordinan ec shall of the to comply with the adoption of this ordinance. Secti,n 35 The restrictions and regulations contained n Section 15, 16, 20 hereof shah apply to the In- stallaf:on of a building sanitary or storm sewer. ARTICLE it LEGISLATIVE Section 1, Repeals Crdlnarces No. 2 21-64, 2.4, and522 Sara hereby repealed. ARTIAND fPEit ION Any person, firm or corporation ts ortorefuses violates, to lscomplyo with nany at the provisions of this ordinance shall hundred (f101+)mdollatmrsptoforxceach oOf terrme not exceeding lhi rty (30) days Each d8Y that a violation is per. miffed to exist beyond the explratlon of the time designated In a written notice given by the Chlef Plumbing in-pector shall constitute a separate offense. ARTICLE IV SAVINGS CLAUSE If any section, subset} on, rentence. claure or phrase of this ordinance, for any reason, is held to be uncon- shallionot andffelntheldvaliditydeclslOh M the remaining nortl ins of this ordinance. The City Council of the C11 01 Du- buque, hereby declares that It would have passed this ordinance and each section, subsecllon, sentence, clause or phrase thereof, Irrespective of the fact that any one or more sections, sub-ectlons, serfences, clauses or to rm Sore Invalid, declared unconstl- ARTICLE V EFFECTIVE DATE This ordinance shall be In full fvrce and September 25t 197oroand aafterafIt Ss passage and after Publication at< provided by law. 410 Special Session, September 21, 1970 Passed, edopted and approved this 21st day of Seplember, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Mo.denhauer Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Published officiary In the Tele. graph -Herald newspaper this Lth day of September 1970. Leo F. Frcmmeit City Clerk I t. 9.25 Councilman Couchman moved fi- nal adoption of the Ordinance. Se- conded by Councilman Pregler. Carried by the following vote: Yeas — Dfayor Meyers, Council- men Couchman, Moldenhauer, Pre- gler. Nays — Councilman Bitter. ORDINANCE No. 49.70 An Ordinance Approving Agree- ment by and Between Dubuque County, Iowa and City of Dubu- que, Iowa Relating to Joint Coun- ty -City Law Enforcement Cen- ter Building, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three dacs be waived. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. —11 wn"114ANUZ APPROVINGEE- MENT BY AND BETWEEN CIATY O DUBUQUE COUNTY. IOWA RFT,ATIWG TO JOTVT COUNTY -CITY LAW EN. FORCEMENT CENTER pillf.DT+JG NOW By THE rTTY CORNCBIL OFOTHE CID OF DUBUQUE. IOWA: Sectlnn 1. That execution of Agree. ment by and between Dubuque County, Iowa and City of Dubuque, Iowa, relating to the construction erection and maintenance and operation of a Joint Cnuntv-City Law Enforcement Center Building, copy of which Agree. ment is hereto attached, be and the saSeeirt'onh2. That the Mayor and City Clerk be and they are hprehv author• t7e`I to ex"'We said Agreement for and on behalf o[ Clty of Dubuque, Iowa. Section 3. That the City Clerk be and he Is hereby auth-r17ed and dirn t• ed to transmit a rertified Copv of this ordinance togqether with executed conv of Agreement and transmit same to the Dubuque County Board of Supervisors for their execution. Passed, apk)roved and adopted this 21st day of Sept, mber. 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter ATTECT: Councilmen Leo F. Frommelt, City Clerk Published officially in The Telegraph- Ilerald Newspaper this 25th day of September 1970. Leo c Frommelt, It. 9/26 City Clerk Councilman Pregler moved final adoption of the Ordinance. Second. ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council. men Hitter, Couchman, Molden- haller, Pregler, Nays — None. JOINT COUNTY -CITY LAW ENFORCEMENT CENTER BUILDING AGREEMENT ARTICLES OF AGREEMENT made and entered into this 21st day of September, 1970, by and between the parties, DUBUQUE COUNTY, IOWA, hereinfater re- ferred to as County, and CITY OF DUBUQUE, IOWA, a Municipal Corporation in Dubuque County, State of Iowa, hereinafter referred to as City. IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: 1. That the duration of this Agreement shall be for a period of twenty-five (25) years or until it is modified or abrogated by mutual consent of the County and City. 2. That no separate legal entity is created by this Agreement but that this Agreement establishes the joint ownership and operation of a County -City Law. Enforce- ment Center Building as provided under Sections 368.18 to 368.23, in- clusive, of Chapter 368 of the 1966 Code of Iowa. That the Joint County -City Law Enforcement Center Building will be adminis- tered by the Board of Supervisors of the County and the City Coun- cil of the City. 3. That the site for the building is presently owned by the City of Dubuque under the control of its Urban Renewal Department, and that title thereto will be con. veyed to the County and City for the sum of $88,500.00 and said Special Session, September 21, 1970 411 conveyance will provide for upon venter to City of dioccnU j ti d edevelopment f the a there- on on and such re -conveyance shall be made and the City shall pay therefor the sum of $95,500.00 less its contribution thereto. 4. That the structure proposed to be erected upon said site for purposes hereof shall be describ- ed as JOINT COUNTY -CITY LAW ENFORCEMENT CENTER and the cost of constructing said structure shall be apportioned between the two governmental bodies as fol- lows: Dubuque County 70.7317 percent and City of Dubuque 29.- 2683 9:2683 percent. 5. The cost of construction shall be financed by issue of bonds, sub. ject to approval thereof as to is- suance by Dubuque County by the voters of the County and to the approval of the issuance of the bonds by the City by the voters of the City of Dubuque, all as per- mitted and provided for by Sec- tion 368.20 of the 1966 Code of Iowa and that the share of the bonds to be issued shall be as fol. lows: Dubuque County 70.7317 per- cent of the amount and City 21- 2683 percent. It is proposed that said election shall be held on No- vember 3, 1970. 6. The cost of the bond issue election will be apportioned be- tween County and City at the rate of 70.7317 percent for the former and 29.2683 percent for the latter. 7. It is further mutually agreed by the parties hereto as follows: a) The County and City shall approve the hiring of the archi- tect; and both bodies shall approve the plans and specifications. b) For purposes of construction of said building County shall be deemed owner for purposes of construction method of inspection. Inspection of construction shall be approved by County and City. c) No change order shall be approved except in writing and bearing signature of Chairman of Board of Supervisors and City Manager. d) Appropriate insurance cover age shall be secured and paid foa and same be deemed part of con atruction costs. e) County shall make all pay ments as work progresses and bil City accordingly for its share anc !ach party hereto shall make pay nent3 promptly from the reapeo. Jve bond sale proceeds. f) Acceptance of completed con- ;truction shall be made by both County and City and each shall adopt a resolution accordingly. g) Equipment and furnishings installed and necessary to serve the needs of both parties, in com- mon, shall be installed after agree- ment by Chairman of the Board of Supervisors and City Manager. h) Equipment and furnishings installed and necessary to serve the particular needs of the County shall be installed upon the ap- proval of Chairman of Board of Supervisors and equipment and furnishings installed and neces- sary to serve the needs of the City shall be installed upon the ap- proval of the City Manager. i) Equipment for the jail fea- tures of said structure shall be installed after approval of same by Board of Supervisors. j) Operation and maintenance of said building shall be by the Board of Supervisors and the cost of heat. light, water, repair and jan- itorial services shall be paid for by the County, who shall bill the city of Dubuque m mthly for its share of same and same shall be paid promptly. The City's share shall be computed and paid upon the basis of 29.2683 percent of such costs. k) No repair, renovations or changes in the completed struc- ture shall be made whieh cost is in excess of $500.00 or more with- out first securing the written con- sent of the City Manager. 1) Assignment of building spac- es, including parking spaces, shall be done by mutual agreement be- tween Chairman of the Board of Supervisors and City Manager. m) Disposition of the property after termination of Agreement shall be done by mutual agree. ment of the parties hereto. n) That any future expansion of the Joint County -City Law En. forcement Center Building shall be determined and made by the Board of Supervisors and by the City Council of the City of Dubu. que. That the parties hereto agree that this Agreement shall have 412 Special Session, September 21, 1970 full force and effect upon passage of a Resolution by the Board of Supervisors of Dubuque County approving this Agreement and authorizing and empowering the Chairman of the Board of Super- visors to sign the same, and upon passage of an Ordinance by the city council of the city of Du- buque approving this Agreement and authorizing them to sign the same. In the event the election fails, allthis shall be null and void. Dated this 21st day of Septem- ber, 1970. Dubuque County Board of Supervisors By: Donald C. Meyers, Chairman Board of Supervisors of Du- buque County, Iowa City of Dubuque, Iowa By: Donald R. Meyers, Mayor City of Dubuque, Iowa. Attest: Harold P. Meloy County Auditor Attest: Leo F. Frommelt, City Clerk ORDINANCE NO. 50-70 An Ordinance Amending Ordi- nance No. 3349 known as the "Traffic Code of Dubuque, Iowa" as Amended, by repealing Sub- section 22 of Section A of Sched- ule IV thereof and enacting a new subsection 22 to Section A of Schedule IV in lieu thereof to limit parking of motor vehicles on Clarke Drive, presented and read. Mayor Meyers moved that the Ordinance be tabled until further inspection can be made in the area. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Dubuque Senior High School requesting permission to conduct a Homecoming Parade on October 9, 1970, presented and read. Councilman Couchman moved that the petition be ap- proved and referred to the City Manager. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Cletus M. Nauman re- questing return of security deposit in the construction of Nauman Ad- dition, as same now has been com- pleted, presented and read. Mayor Meyers moved that the petition be referred to the City Manager. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Dubuque Downtown Association requesting permission to conduct a Giant Balloon Parade on November 14, 1970 in Down- town Dubuque, presented and read. Councilman Pregler moved approval of the petition and to be referred to the City Manager. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Dubuque Downtown Association requesting permission to conduct a name guessing con- test for the Downtown Pedestrian. way from October 22nd to Novem- ber 26th, presented and read. Councilman Couchman moved ap. proval and granted permission. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Tower Investment Inc. requesting consideration as to the extension and use of the City water system in the proposed an- nexation south of the City, pre- sented and read. Councilman Bit- ter moved that the petition be re- ferred to the Planning & Zoning Commission and to the City Solici- tor. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Special Session, September 21, 1970 413 Petitiion of Tower Investment Inc. submitting an application to in- corporate certain described real estate to the south of the City pre- sented and read. Councilman Bit- ter moved that the petition be referred to the Planning & Zon- ing Commission and the City So- licitor. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun• cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 311.70 Extending City Limits to in- clude portions of M.L. 483, 484, 485, 490, 492. 493, 496 in Table Mound -114.23 acres: Annie Wal• lers Sub. No. 2, Section 1 and 2 T. 88 N. R. 2E 5 P. M. 55 76 acres: R/W Rockdale Road 11.42 acres, presented and read. Councilman Bitter moved that the resolution be referred to the Planning & Zon- ing Commission and City Solicitor. Seconded by Councilman Pregler. Carned by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, or Notice of Pen- dency endency of resolution of necessity for public improvements and hear- ing upon proposed plans and speci- fications, form of contract and cost of improvements for construction of 1970 Downtown Traffic Signal and Street Lighting; project on Lo- cust, Fourth, Fifth and Ninth Streets, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Bitter moved that the Proof of publication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION NO. 296-70 WHEREAS, proposed plans specifications, and form of con tract have been duly prepared ane approved by the City Council of the City of Dubuque, Iowa, ane are now on file in the office of the City Clerk showing among oth. er things the following: (1) The plan of such improve- ment. (2) An estimate of the cost of the improvement for the 1970 Downtown Traffic Signal and Street Lighting Project. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im. provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the (-'ity Council and are now on file with the City Clerk. That the cost and expense of making said im- provement be paid from the Road Use Tax Fund and the Utilities Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 8th day of September, 1970. Approved and placed on file for final action. Approved: Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Record of Final Adoption The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 21st day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk 414 Special Session, September 21, 1970 Councilman Pregler moved final adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. (Ordering Construction) RESOLUTION No. 312.70 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a Reso- lution of Necessity No. 296-70 which was duly passed by this Council for the 1970 Downtown Signal and Street Lighting Project. be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Road Use Tax Fund and the Utilities Fund BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for prop^sols for the con- struction of the various improve- ments herein provided for in the manner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 21st day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas -- Mayor Meyers, Council- men Bitter, Couchman, Molden. haver, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of Invitation for proposals of sale of urban re. newal laud, parcels 8.11 and 11-5, presented and read. Councilman Bitter moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of Legal No- tice of hearing of proposal of sale of urban renewal property located at 5th & Locust Street to Molo Oil Company, presented and read. Councilman Bitter moved that the proof of publication be recieved ceived and filed. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of Paul From - melt of Frommelt Industries plead- ing in behalf of lltarty's Sinclair station for consideration in their rebuilding program, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded by Council- man Pregler, Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of Dubuque Ser- vice Station Operators pleading for consideration to allow the estab- lishment of a Sinclair Service Sta- tion in the Urban Renewal area, presented and read. Councilman Bitter moved that the communica. tion be received and filed. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Preeler. Nays — None. Communication of Dubuque Ad- visory Commission submitting a resolution with the intent that the entire block between 41h and 5th and Main and Locust not be sold at this time but be reserved for the Special Session, September 21, 1970 415 convention center, presented and I read. Mayor Meyers moved that the communication be received and filed. Seconded by Councilm*zn Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nos — None. Councilman Pregler further moved approval of recommenda- tion of the Advisory Commission. Seconded by Councilman Molden. hauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Attorney Francis O'Conner, ad- dressed the Council in behalf of the Molo interests and stated that his client is perfectly satisfied to move across the street from his present occupied location. Mr. t gyne Norman spoke on the five flags concept and stated their re- port from the consultants definite- ly ascertains that the City needs a civic center and they are satisfied that the area is best tied in with the Orpheum theatre. The theatre is adequate to serve in connection with an exhibition hall. The ascetic and .ulturJ impact is good and someday could b:• looked upon as the Key City of the Midwest. The Acoustics in the theatre cannot be duplicated. It is their intention to expand the committee and make it a city wide venture. Mr. William Woodward and Mr. Roger Rhom- b?rg also spoke in favor of the ci. vic anter and up until now it has at least a fifty-fifty chance for suc- cess. The general thinking of the group was that it will eventually become the prr)perty of the City. RESOLUTION No. 91370 AUTHORIZING THE EXECUTION OF A CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVE- LOPMENT WITH MOI.O OIL COMPANY WHEREAS, pursuant to Resoln- tion No. 247-70 dated Aucust 17, 1970, and a Notice of Public Hnar- in4 published in the Telegraph - Noraid, a newspaper of general circulation in the City of Dubu. que, Iowa, on Aueuct 25, 1970, and September 1, 1970, City Council met on the 21st day of September, 1970, at 7:30 o'clock P.M., Day- light Time, in the City Council Chambers, of City Hall, Dubuque, Iowa, to consider the proposal to dispose of the interest of the City of Dubuque to Reuse Parcel 8.11 in the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, pursuant to said re- solution a copy of the Redevelop er's Statement for Public Disclo- sure and a copy of the proposed from of Contract for Sale of Land for Private Redevelopment were placed on flie in the office of the City Clerk for public inspection; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral and written, to the propsal to dispose of said in- terest of the City of Dubuque in the above described real estate to Moto Oil Company, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized to enter into a Contract for Sale of Land and Private Re- development in accordance with the terms of the Disposition Docu• ments governing such sale with Mo- to Oil Company for the real estate known ai Reuse Parcel 8*11 in the Downtown Urban Renewal Project, Iowa R-15. containing 15,980 square feet, subject to survey, and legally described as Lot 1 of Block 18 in Dubuque Downtown Plaza In the City of Dubuque, Iowa, Section 2. That said parcel of real estate shall be sold for $4.09 per square foot for a total price of $85,278.40 subject to final survey of the land to be conveyed. Passed, approved and adopted this 21st day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J Cter ouncilmen Attest: I.en F. Frommelt City Clerk Councilman Pregler moved adoP- lion of the resolution subject to scquirinc Molo property on South, east corner of 5th Street for 416 Special Session, September 21, 1970 $60,000 Couchhman. Carried conded by thefcilman ollow Ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 31470 AUTHORIZING THE DISPOSI- TION OF THE CENTRAL FIRE STATION PROPERTY BY THE DEPARTMENT OF 'URBAN RE- NEWAL WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America enter- ed into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Pro. ject, Iowa R-15; and WHEREAS, the Financing Plan for said Project contained a pro• vision that the land and improve- ments known as the Central Fire Station owned by the City of Du- buque would be treated as a land donation at its Fair Market Value as determined by two independent real estate appraisals concurred in by the Department of Housing and Urban Development; and WHEREAS, the Department of Housing and Urban Development hag concurred in a Fair Market Value of $45,000 as a land dona- tion towards the Project cost; and WHEREAS, the subject property has been vacated and released to the Department of Urban Renewal for demolition and site clearance, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE, IOWA: Section 1. That the Central Fire Station Property legally described as &.uth 20 feet of Lot 169 and northerly 44 feet of Lot 169 in the Town (now City) of Dubu. que, Iowa be made available to the Depart ment of Urban Renewal for dispo sition in accordance with the Urbai Renewal Plan for the Downtowi Urban Renewal Project, Iowa A 15, for street widening and rede velopment purposes. Section 2. That the Departmen of Urban Renewal enter into al propriate accounts the Fair Marke Value of $45,000 for said real e! tate as a local non-cash grant-ir and representing a portion of th Kcal share of the net cost of said irban renewal project. Passed, approved and adopted his 21st day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen lttest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second - >d by Councilman Bitter. Carried .)y the following vote: Yeas — Mayor Meyers, Council - nen Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Sale of Project Notes, Third Series 1970, to aid in financing Urban Re- newal projects in the amount of $3,265,000 presented and read. No written objections were filed and no oral objectors were pre- sent in the Council Chamber at the time set for the hearing. Councilman Bitter moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter. Couchman, Molden- hauer, Pregler, Nays — None. RESOLUTION NO. 315-70 Authorl2ing the Sale, Issuance and Delivery of Project Notes in the Aggregate Principal Amount of $1.265.000 and the Execution of Requisition Agree- ment No. 3.1970 in Connection With the Downtown Urban Re. newal Project, Project No. Iowa R•15. WHEREAS, City of Dubuque (herein called the "Local Issuing Agency") has entered Into one or more contracts (which, together with any supplements thereto or amendments or waivers of any provisions thereof, are herein called the "Contract") with the United States of America (herein called the "Government") provid- ing for a loan by the Government to the Local Issuing Agency for Special Session, September 21, 1970 417 financing the urban renewal, low - rent housing or redevelopment project (s) described in the Con• tract and herein called the "Proj- ect"; and WHEREAS, pursuant to adver- tisement for the receipt of propos als for the purchase of the Third Series 1970 of Project Notes (here- in sometimes called "New Project Nates") of the Local issuing Agen- cy aggregating $3.265,000, which appeared in a Notice of Sale pub- lished on September 1 and 8, 1970. in the Telegraph -herald in the City of Dubuque, Iowa, and in The Daily Bond Buyer in the Citv of New York, New York, proposals for the purchase of the New Proj- ect Notes in the form approved by the Local Issuing Agency were re- ceived. opened. and canvassed at the time and place mentioned in said advertisement, to wit: at Council Chambers. City Hall, 13th and Iowa in the City of Dubuque, Iowa 52001 at One o'clock P.M. E.D.S.T., on September 15, 1970, which proposals are as follows: Name of Bidder Central National Bank and Trust Company, Int. Rate 3.99%, Prin. Amount $3,265,000, Prem. $ -0- Continental Illinois National, Int. Rate 4.15",,, Prin. Amount, $3,- 065,000, Prem. $68.00 Bank and Trust Company of Chi cago, Int. Rate 4.00^r, Prin. Amount $200,000, Prem. $ -0- First National City Bank, The First Boston Corporation and Mellon National Bank and Trust Company The First National Bank of Bos ton and Lehman Brothers, Int. Rate 4.05%, Prin. Amount $3,- 265,000, Prem. $52.00 Bank of America, N.T. do S.A. and Bankers Trust Company, Int. Rate 4.07e`,.. Prin. Amount $3,- 265,000. Prem. $80.00 Chemical Bank, Int. Rate 4.12%, Prin. Amount $3,265,000, Prem. $60.00 United California Bank and Weed- en and Company, Int. Rate 4.16`",,, Prin. Amount $3,265,000, Prem. $88.00 The Chase Manhattan Bank and First National Bank of Chicago, Int. Rate 4.19%:, Prin. Amount $3,265,000, Prem. $10.00 Morgan Guaranty Trust Company of New York and Salomon Bro- thers, Int. Rate 4 201; , Prin, Amount $3,265,000, Prem. $39.00 NOW THEREFORE, Be It Re- solved by the City Council of the City of Dubuque: Section 1. The aforesaid publi• cation of the Notice of Sale and the farm and contents thereof as so published are hereby, in all re - firmed. Section 2. In order to provide funds to pay expenses incurred or to be incurred in the develop- ment of the Project, or to refund, renew or extend its outstanding Notes issued in connection there- with, the Local Issuing Agency hereby determines to borrow the sum of Three Million, Two hun- dred Sixty Five Thousand Dollars ($3,265,000) and issue its negotia- ble Project Notes therefor. Section 3. The Local Issuing Agency hereby ratifies and ap- proves the form of each proposal hereinafter in this Section 3 enu- merated for the purchase of the designated principal amount of Notes and determines that each such proposal offers to purchase such Notes at the lowest interest rate and is therefore accepted, and said Notes are hereby awarded to the purchaser, as follows: Principal Amount: $3,265,000, Int. Rate 3.99%, Purchaser: Central National Bank and Trust Com- pany, Des Moines, Iowa Section 4. Each Note shall be dated October 14, 1970, shall be payable as to both principal and interest to bearer, on February 11, 1!171, and, pursuant to each pro- posal for the purchase of said Totes hereinabove accepted, shall bear the rate of interest per an- num, payable at maturity; shall bear the numbers and be in the de• nominations; and shall be payable as to both principal and interest at the incorporated bank having trust powers or incorporated trust company, as follows: Purchaser Central National Bank and Trust Company, Des Moines, Iw 2140, 1-20, Den. $100,000, o Den. $50,000, No. 41.50, Den. $25,000, No. 51-53, Den. $5,000, Interest Rate 3.99%, Payable at: Central National Bank and Trust Company, Des Moines, Iowa 418 Special Session, September 21, 1970 None of such Notes shall be valid until after the bank or trust com- pany at which it is payable shall have signed the agreement, ap- pearing on each Note, to act as paying agent thereof. Each such Note shall be executed in the name of the Local Issuing Agency by the manual or facsimile signa- ture of the Mayor and City Treas- urer of the LOCI Issuing A enc. and shall have the corporate seal of the Local Issuing Agency im- pressed, imprinted or reproduced thereon and attested by the City Clerk, and said officers are hereby authorized and directed to cause said Notes to be properly exe- cuted. Section 5. Each such Note shall be in substantially the form of HUD -9010, which is incorporated herein by reference, and shall be secured by an agreement entitled "Requisition Agreement No. 3- 1970" (herein called the "Requi- sition Agreement"), in substantial- ly the form of HUD -9003, which is incorporated herein by reference, to be entered into between the Lo- cal Issuing Agency and the Gov- ernment. Section 6. The Requisition Agreement shall be executed in the name of the Local Issuing Agency by the manual or facsimile signature of the Mayor of the Lo- cal Issuing Agency and shall have the corporate seal of the Local Is- suing Agency impressed, imprinted or reproduced thereon and attest- ed by the City Clerk, and said of ficers are hereby authorized and directed to cause the Requisition Agreement to be properly execut- ed. Section 7. For the punctual pay- ment of the principal of and in- terest on the New Project Notes, the Local Issuing Agency hereby expressly and irrevocably prom- ises to pay any sums which may be received from the Government Pursuant to the Requisition Agree- ment relating to such series of Project Notes and said Agreement, when executed by the Government, is hereby declared to be and is hereby assigned by the Local Is. suing Agency for the benefit of the holder or holders from time to time of the New Project Notes. All contributions, funds and amounts authorized or required by the Contract to be applied to the payment of Project Loan Notes (re- ferred to in the Contract as "Prof. ect Temporary Loan Obligations," "Advance Notes" or "Permanent Notes") as issued in connection with the Project are hereby irre. vocably pledged to secure the pay. ment of the principal of and in. terest to maturity on the New Project Notes. Such pledge and the lien creat. ed thereby shall cease and termi- nate when monies or investment securities convertible into cash not tater than the maturity date of the New Project Notes, sufficient and for the purpose of paying the pri. ncipal and interest to maturity on such Notes, are deposited with the paying agent or agents for such Notes. Section 8. The proceeds derived from the sale of the New Project Notes, together with such amount Of other funds of the Local Issuing Agency as may be necessary, shall be applied, simultaneously with the receipt of said proceeds, in ac- cordance with the provisions of the Requisition Agreement. Section V. The City Treasurer is hereby authorized and directed to send promptly a letter to each pay- ing agent for the New Project Notes in substantially the form of HUD -9004, which is incorporated herein by reference, and to trans- mit therewith (a) the New Project Notes for which the addressee is the paying agent for delivery and payment and (b) a signature certi- ficate and receipt, in accordance with the terms of said letter, and to take such other actions as may be required to complete the deli- very transaction in accordance with the terms of the letter to the paying agent. Passed, approved, and adopted this 21st day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Special Session, Septemher 21, 1970 419 Councilman Bitter m-)ved adnp- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayer Meyers, Council- men Bitter, Couchman, Molden- hauer, pregler, Nays None. RESOLUTION NO. 316.70 RETENTION OF BLOCK 9 IN DUSFOR PUBLIC PLAZANTOWN C PARKING PURPOSES WHEREAS, under date of May 16, 1967, the City Council of the City of Dubuque approved and adopted after a Public Hearing an Urban Renewal Plan for the Down- town Urban Renewal Project, Iowa R•15, and which Plan is on file in the office of the City Clerk and is recorded in the Office of the Recorder of Dubuque County, Iowa, in Book 295 of Mortgages, Pages 235 and 259; and WHEREAS, in order to achieve an objective of the said Project the said Urban Renewal Plan con- tained provisions for the reten tion of certain land by the City of Dubuque for the purpose of providing offstreet public parking facilities by said City; and WHEREAS, the City Council un der date of July 17, 1967, adopted Resolution No. 214-67 assuring the United States of America that land to be retained by the City of Du- buque for public parking purpos- es would be developed in accord- ance with the Urban Renewal Plan and conditions of a pending Loan and Capital Grant Contract; and WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America entered into a Loan Capital Grant Contract, Contract No. Iowa R-15 (LG), for the undertaking of the Downtown Urban Renewal Proj- set, Iowa R-15; and WHEREAS, pursuant to said Contract and in accordance with the Urban Renewal Plan, the City of Dubuque acquired and cleared certain land identified as Reuse Parcel 6-1 (Area 4) platted and legally described as Block 9 in Dubuque Down- town Plaza in the City of Du- buque, Iowa, containing 80,940.96 square feet and constructed thereon certain public parking facilities; and WHEREAS, the Department of Housing and Urban Development, United States of America, under date of October 24, 1969, on the basis of two independent real es- tate appraisals has concurred in a disposition price for said land for public parking purposes on the Basis of $1.75 per square foot, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the assurances, covenants and conditions contain- ed in Resolution No. 214.87 dated July 17, 1967, are hereby reaf- firmed as they pertain to the real estate hereinbefore described re- tained by the City of Dubuque for public parking purposes. Section 2. That the City Auditor be and he is hereby authorized and directed to draw his warrant or warrants against the Iowa Street Parking Ramp Construction Account in the amount of $141,- 646.68 representing full and com- plete compensation of the Fair Value of said real estate for pub- lic parking purposes, and to de- posit said warrant or warrants in the appropriate Downtown Urban Renewal Project, Iowa R-15, ac- count. Section 3. That the City Clerk be and he is hereby authorized and directed to file a copy of Reso- lution No. 214-67 dated July 17, 1967 and a copy of this Resolution in the Office of the County Re- corder in and for the Dubuque County, Iowa. Passed, approved and adopted this 21st day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: I.eo F. Frommelt, City Clerk 420 Special Session, September 21, 1.970 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of official notice of public hearing to consider con- dition of buildings located on Lot 5 of Union Addition in the City of Dubuque, Iowa, known as 942 Dodge Street, presented and read. Mayor Meyers moved that the proof of publication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Statement of City Clerk certify. ing that notice of public hearing was mailed by certified mail on August 26, 1970 to Mrs. Emma Dc- Tablan and Adeline Studier at Rockford, Ill. to consider condi- tion of buildings located on Lot 5 of Union Addn. at 942 Dodge Street, presented and read. Coun- cilman Bitter moved that the statement be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Mrs. DeTablan addressed the Council by stating that they are are now living in Rockford, Ill. When they left the house at 942 Dodge it was ransacked. They are now in the process of selling the house and requested an extension of time. RESOLUTION NO 317.70 Declaring property located at 942 Dodge Street and described as Lot 5 of Union Addn. in the City of Dubuque as being danger- ous to life, health, property and a nuisance and directing the Man- ager to have structures on said property to be dismantled and re- moved, presented and read. Coun- cilman Pregler moved that the De- Tablan's be allowed 60 days to dispose of the property. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider condi- tion of buildings located at 1203 Grove Terrace being described as Syz of W. 25' of Lot 760 and N% of W. 25' of Lot 160, presented and read. Councilman Bitter moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Statement of City Clerk certify- ing that notices of public hearing were mailed by certified mail on August 26, 1970 to Lorin C. Fleege et al to consider condition of the buildings located at 1203 Grove Terrace being described as S1/2 of W. 25' of Lot 760 and N% of W. 25' of Lot 760 presented and read. Councilman Bitter moved that the statement be received and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Communication of Allen D. Rey- nolds of Clinton, Iowa objecting to condemnation of the property at 1203 Grove Terrace, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas --Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Special Session, September 21, 1970 421 Mr. Reynolds of Clinton Iowa ad- dressed the Council by stating that in his opinion the property at 1203 Grove Terrace should be salvaged and preserved as a part of historic Dubuque. RESOLUTION NO. 318.70 Declaring property located at 1203 Grove Terrace and described as S',2 of W. 25' of Lot 760 and N'Z of W. 25' of Lot 760, in the City of Dubuque as being danger- ous to life, health, prpoerty and a nuisance and directing the City Manager to have structures on said property to be dismantled and re- moved, presented and read. Councilman Couchman moved a continuance of thirty days to come up with a proposal. Seconded by Councilman Bitter. Carried by the following vote: Yeas --Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays --None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider disposal of City interest in Lot 32A to Wil- liam Klauer and lot 40A to Wil- liam & Beverly Woodward all in Coriells Dubuque, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman flitter. Carried by the following vote: Yeas --Mayor Meyers, Council men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Attorney Francis A. O'Connor, representing the Klauer interests, stated that the Council should sup- port the decisions they made some- time ago. Notice in the case of William R. Woodward et ux vs. City and Wil- liam J. & Carol R. Klauer as de- fendants praying that the title to Lot 32A and 40A in Coriells "Va. cated Prospect Street" be quieted in William P. Woodward et ux and the defendants be barred and estopped from any right in said property, presented and read Councilman Bitter moved that tht notice be referred to the City So licitor for proper proceedings and subsequent report. Seconded by Cuuncilmnn Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. As the result of the estoppal no- tice by the Woodwards City Attor- ney Russo advised the Council not to proceed with the transfer of title of Vacated Prospect Street, now known as Lots 32A and 40A of Coriell's Dubuque, until it is cleared in District Court. Councilman Couchman moved that the matter be tabled. Second- ed by Councilman Pregler. Carried by the following vote: Yeas --Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 319-70. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar. ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Ilartig Drug Company, 2255 John F. Kennedy Road BE IT FURTIIER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 21st day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord 11I. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by t_'ouncilman Couchman. Carried by the following vote: yeas—Mayor Couchman, Molden- hauer, Bitter, Pregler. Nays—None. 4220 Special Session, September 21, 1970 There being no further business Councilman Bitter moved to ad- journ. Seconded by Councilman Couchman. Carried by the fol- lowing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Leo F. Frommelt City Clerk Approved January 4, 1971 Adopted January 4, 1971 .................... X:.......................... City Clerk. Special Session. September 28. 1970 423 OTY (OUNCIL OFFICIAL Special Session, September 28, 1970. Council met at 7:30 P.M. Central Daylight Time. Present --Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. City Manager Gil- bert D. Chavenelle. Mayor Meyers read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- SIDERING AN AWARD OF CON. TRACT FOR CONSTRUCTION OF 1970 DOWNTOWN TRAFFIC SIG. NAL AND STREET LIGHTING PROJECT, and acting upon such other business as may properly come before a regular meeting of the City Council. Communication of Airport Com mi,sion advising that they are in- cluding in their budget construc- tion of a small structure for a new hangar space, the cost of which will amortize itself over a period of years, presented and read. May- or Alecers moved that the commu- nication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas --Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer Pregler. Nays—None. Communication of Public Library submitting a proposal to purchase a bookmobile, in an amount not to exceed $35.000, and requesting the Council to approve the execution of a contract between the City and A local lending institution in the year 1971, with 36 monthly pay- ments, presented and read. Council- man Pregler moved that the com- ►nunication be. received and filed and the rules be suspended to al- low the Library staff to address the Council. Seconded by Councilman Bitter. Carried by the following Vote: Yeas—Atayor Meyers, Council - mon flitter, Couclvnan, Mulden- hauer, Pregler. NaYs--None. Mr. William G. Fullmer, Library Director, gave a complete report on the purchase of the Bookmobile and what they plan to accomplish in the future. Ife also mentioned many operational handicaps in try- ing to operate efficiently out of the present seventy year old facility. Councilman Pregler moved that providing a Bookmobile under this plan be accepted. Seconded by Councilman Couchman. Carried by the following vote: Yeas --Mayor Meyers, Council- man Bitter, Couchman, Moiden- hauer, Pregler. Nays—None. RESOLUTION NO. 340.70 WHEREAS, the Board of Trus- tees of the Carnegie Stout Public Libran• by written communication dated September 17, 1970, request- ing the City Council of the City of Dubuque, Iowa to enter into a Lease -Purchase Agreement for the purchase of a bookmobile in order to extend the library -'s book service throughout the City of Dubuque with scheduled weekly stops, the cost of which bookmobile shall not exceed $35,000.00 and W111F:REAS, the City Council of the City of Dubuque, Iowa ap- proved said project and the method of purchase therefor, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCII, OF THE CITY OF DUBUQUE, IOWA: Section 1. That the purchase of a bookmobile for an amount not to exceed $35,000.00 upon the basis of a Lease -Purchase Contract providing payments not to exceed thirty-six (36) monthly payments at a rate of interest not to exceed the prime rate of interest existing at the time of the execution of the contract and providing for the pay. ment of liability insurance there. for, be and the same is hereby approved. Section 2. That the Mayor and the City Clerk be and they are hereby authorized and directed to execute said Agreement and upon execution thereof by the Atayor and City Clerk that the Board of Li- bra . ry i•brary Trustees execute said Agree. ment, copy of which, marked Ex- hibit "A" is hereto attached. 424 Special Session, September 28, 1970 Passed, approved and adopted this 28th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen ATTEST: I.eo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Counchman, Molden- hauer, Pregler. Nays—None. Communication of Robert L. Strub submitting a petition of property owners abutting Rockdale Road, objecting to a proposed an- nexation south of the City, pre- sented and read. Councilman Couchman moved that the commu- nication be received and filed. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. September 28, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has considered a pro- posal to voluntarily annex proper- ties lying south of the present corporate limits of the City of Du- buque. These properties include land owned by Mississippi Valley Milk Producers Association; Du- buque Community School District; Tower Investment, Incorporated; and Robert Waller. In addition to these properties the proposal in- cludes a portion of the right-of-way of Rockdale Road from the present corporation limits to the intersec- tion of the Bellevue Road and a county road, running from Rock- dale Road to Table Mound Ele- mentary School. In considering the proposal the Commission reviewed the annexa• tion program which is a part of the Dubuque Development Pro- gram and found that it is the intent of the program to annex an area south of the City, generally de- scribed as Key West. The property being considered for voluntary an. nexation is a part of the Key West area. The Commission also found that even though the bulk of the prop- erty in question is not contiguous with the present corporate limits, that the intervening land is gen- erally undevelopable and the natural characteristics are to be preserved. Because of this the pro- posed annexation would not be en- couraging a scattered development but would be, in effect, bridging the Catfish Creek Valley and en- couraging urbanization of the south side. It is the opinion of the Commis- sion that the proposal as presented, would accommodate an orderly progression of development and would be consistent with the de- velopment program and the gen- eral planning for the City of Dubuque. It is the recommendation of the Planning and Zoning Commission that the voluntary annexation, as submitted, be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved that the communication be referred to the City Manager for report and recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Communication of Muscular Dys- trophy Associations of America Inc. informing the City Clerk that the Dubuque Area Chapter will hold its regular annual drive on November 8th, presented and read. Mayor Meyers moved that the com- munication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- man Bitter, Couchman, Molden- hauer, Pregler. Nays --None. Communication of Dubuque Ad- visory Commission submitting a resolution adopted on September Special Session, September 28, 1970 425 22, 1970 endorsing the proposed County -City Law Enforcement Cen. ter the anbpre- sented, d recommending to the Council and Supervisors that an open meeting be held for the pub- lic to understand the need, pre sented and read. Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas --Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Mr. William Woodward spoke of the confusion among the citizens at the present time between the pro- posed erection of a County -City Law Enforcement Center and the joint City -County building to house County and City governmental units which was previously de feated by referendum. Iie stated that we must go out and explain and educate the people, and the Advisory Commission is willing to help all they can, after proper di- rection from the Council and the Board of Supervisors. September 22, 1970 To the lionorable Mayor and City Council This is to advise that I have ap- proved the following policy and bonds, and desire to have your approval on same. COMPREHENSIVE LIABILITY Curtis Straub Company, State Au• tomobile and Casualty Under- writers Donald L. Ohmert, American States Insurance SIDEWALK Richard Magnall, Insurance Com- pany of North America Ralph A. Reisen, American States Insurance Company David Schreiber, Merchants Mutual Bonding Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved for filing approval subject to approval of the City Solicitor. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden• hauer, Pregler. NaYs—None. September 18, 1970 To the lionorable Mayor and City Council I herewith submit the reports of the City Treasurer, City Auditor, Water Superintendent, as well as a list of claims, for the month of August 1970. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the reports be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas -- Mayor Meyers, Council- men Bitter. Couchman, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of Statement of receipts and a list of claims for the month of August 1970, pre- sented and read. Councilman Preg- ler moved that the proof be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Printed Council proceedings for the month of June 1970 presented frr approval. Councilman Couch- man moved that the proceedings be approved as printed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hnuer, Pregler. N Ivs — None. September 21, 1970 Honorable Mayor and City Council On September 11, 1970, Gerald ine M. l eslein of 317 Klingenberg Terrace, this city, filed im against the City of Dubuque, claim- ing damages in the amount of $151.00 to her motor vehicle on August 28, 1970 as the result Of a said vehicle being struck by sweepercitv owned street operated at Providence tand Wind- sor in this city. This matter was referred to the City Attorney w ho ed same to the insurance carrier for the City for investigation trney has handling. The City 426 Special Session, September 28, 1970 been informed that said claim has been settled in full and in view of the foregoing it is the recom- mendation of the City attorney that said claim of Geraldine M. Leslein be denied. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. September 24, 1970 Honorable Mayor and City Council On September 8, 1970, Mamie Hill of 111 West 13th Street, filed claim against the City of Dubuque, in the amount of $111.80 alleging she suffered a cracked vertebra as the result of falling down three steps while going out of the City Hall on June 5, 1970. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office of no liability on the part of the City and in view of the foregoing it is the recommendation of the City Attorney that the claim of Mamie Hill be denied. Original of said claim is re- turned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays --None. September 24, 1970 Hon. Mayor and City Council On May 5, 1970, Anna Mae Breckler, of 2559 University of Du- buque, Iowa, filed claim against the City of Dubuque, in an un- determined amount for alleged in- juries suffered on or about the ith day of February, 1970 at or near the intersection of University and Pennsylvania Avenue in the city of Dubuque, Iowa and as a result of said alleged fall she suf- fered a fracture of the left wrist. I have examined said claim and I have examined the site of the alleged fall and I have examined the pertinent law governing the matter, and I am of the opinion that the claim of Mrs. Breckler should be denied for the reason that same was not timely filed as required by the statue of Iowa. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. September 23, 1970 Hon. Mayor & City Council On August 7, 1970, David W. Leifker, filed notice of claim a- gainst the City of Dubuque. Iowa in an unstated amount alleging therein that on July 24, 1970 at 3:30 P.M. as the result of tripping over an uneven part of the public sidewalk on the north side of 8th Street, this city, at a point near where the buildings of the Grand Theatre and Dubuque Savings & Loan Building join, he suffered bodily injuries consisting of alleg- ed severe abrasions and contusions and pulled muscles and further claiming damage to his suit. This matter was referred to the City Attorney who has made an in. vestigation thereof, and who has been informed that said claim has been settled to the full satisfac- tion of the claimant and that in view of the foregoing, it is recom- mendation of the City Attorney that said claim be denied. Original claim is returned here- with. Respectfully submitted R. N. Russo City Attorney Councilman Bitter moved approv- al of the recommendation. Second. Special Session, September 28, 1970 427 ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden hauer, Pregler. Nsys — None. Notice of claim of Mrs. Minnetta A. King, in the amount of $150 for car damage as the result of an up. rooted tree falling on her car at the corner of Maple and E. 14th Street on September 9. 1970, pre rented and read. Councilman Bit- ter moved that the notice of claim be referred to the City Solicitor for proper action and report. Sec- onded by Mayor Meyers. Carried by the following vote: Peas — Mayor Mevers. Coun- cilmen Bitter, Couchman, Afolden- hauer, Pregler. Nays—None. Notice of claim of David V. Har- din, in the amount of $74.98, for car damage incurred as the result Of a dead elm tree limb falling on his car at 652 Needham Place on September 8. 1970, presented and trod. Councilman Bitter moved that the notice of claim be re- ferred to the City Solicitor for proper action and report. Second- ed by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman. Molden. hauer, Pregler. Nays—None. ORDINANCE NO. 51.70 An Ordinance Amending and Charming Ordinance No. 3.34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change Lots 8, 9, and 10 of Block 1, and Lots 8, 9, and 10 Block 2 in Westchester Subdivision, from "Multiple Family Residence Dis- trict Classification to "Local Business "B" District Classifica- tion, presented and read. .. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas -- Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Coun. cilman Bitter. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter. Couchman, Molden- hauer, Pregler. Nays—None. Councilman Couchman moved that a hearing be held on the Or- dinance on November 2, 1970, at 7:30 P.M, in the Council Chamber at the City Ball and that. the City Clerk be instructed to publish no. tice of the hearing in the manner required by law. Seconded by Councilman Bitter. Carried by the following vote: Yeas -- Mayor Meyers, Coun- oilmen Bitter, Couchman, Molden- hauer. Pregler. Nays—!gone. ORDINANCE NO. 52.70 An Ordinance Amending Article IV, Section 2 (gl of the Zoning Ordinance of the City of Du- buque, Iowa to include Lot 2 of Lot 2 of Lot 2 of Out Lot 670, And located in a Multiple Family District, to permit a parking lot on said property in addi'ion to the other uses permitted In the Multiple Family Residence Dis- trict, presented and read. Councilman Couchman moved that the readins; just had be con- sidered the first reading of the Or. dinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas Mayor Meyers. Coun- cilmen Bitter. Couchman, Molden- hauer, Pregler. Nays—None. Councilman Couchman moved that the rule requirinc an Ordi. nance to be read on three separate days be waived. Seconded by Councilman Bitter. Carried by the following vote: Yeas -- Mayor Meyers, Council- men Bitter. Couchman, Molden. hauer, Pregler. Nays—None- Councilman b o hcld on 1an movehe that a hearing, Or- dinance on November 2, 1970, at 7:30 P.M. in the Council Chamber at the City Hall and that tho City 428 Special Session, September 28, 1970 Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Merlyn Atkinson et al (12 signers) requesting the in- stallation of sidewalks on Keokuk Street, presented and read. Coun- cilman Pregler moved that the pe- tition be referred to the Manager and Engineer for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice of receipt of bids for Fire Apparatus, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman,' Molden- hauer, Pregler. Nays—None. September, 28, 1970 To the Honorable Mayor and City Council Attached is a letter from Fire Chief Dunphy listing the bids re- ceived on a 1250 G.P.M. Pumping Engine and recommending the ac- ceptance of the low bid of the General Safety Equipment Corpo- ration. I concur in this recommen- dation. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved approval of the recommendation. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of notice to Con. tractors of the receipt of proposals for the construction of the Down. town Traffic Signal and Street Lighting Project, on Locust, Fourth, Fifth and Ninth Streets, presented and read. Mayor Meyers moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. September 25, 1970 To The Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00 a.m,, Friday, September 25, 1970, for the improvement of the 1970 Downtown Traffic Signal and Street Lighting Project. The low bid was submitted by the Paulson Electric Company of Dubuque, Iowa. Their bid was 30.6% below the Engineer's esti- mate. I recommend that the contract for the improvement be awarded to the Paulson Electric Company. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Se- conded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. (Awarding Contract) RESOLUTION NO. 321.70 WHEREAS, sealed proposals have been submitted by contrac- tors for the 1970 Downtown Traf- fic Signal and Street Lighting Pro- ject pursuant to Resolution No. 312-70 and notice to bidders pub- lished in a newspaper published in said City on September 9, 1970 and September 16, 1970; and WHEREAS, said sealed propos- als were opened and read on Sep- tember 25, 1970, and it has been determined that the bid of Paul- son Electric Company of Dubuque, Iowa in the amount of $76,432.76 was the lowest bid for the furnish. ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Special Session, September 28, 1970 420 BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Paulson Electric Company and the i acted to Manager e and he is hreby execute a con- tract on behalf of the City of Du- buque for the complete perform- ance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con• tractors bond the City Treasurer is authoii7ed and instructed to re- turn the hid deposits of the unsuc- cessful bidders. Passed and adopted this 28th day of September. 1970, Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun cilmen Bitter, Couchman, Molden hauer, Pregler. Nays --None. September 24, 1970 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1969 Bituminous Concrete Paving Project No. 1 has been completed in accordance with the City of Dubuque plans and specifications. 1, therefore, recommend the ac- ceptance of the above named Project. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Meyers moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun cilmen Bitter, Couchman, Molden hauer, Pregler, Nays—None. Final Estimate RESOLUTION No. 322.70 WHEREAS, the contract for the "ITY OF DUBUQUE 1969 BITU- MINOUS CONCRETE PAVING PROTECT No. 1 has been complet- ^d and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assesment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $97,393.99. That $30,991.48 of the cost there- of shall be assessable upon private property and $66,402.51 shall be paid from the 2002-0406 8,430.03, 2002-0406 820.02. 0302-0505 57,152. 46 Funds of the City of Dubuque. Passed, adopted and approved ties 28th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen :Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. (A Resolution Accepting Improve- ment and Directing the Clerk to publish Notice.) RESOLUTION No. 323.70 WHEREAS, the contract for the CITY OF DUBUQUE 1969 BITU- MINOUS CONCRETE PAVING PROJECT No. 1 has been complet- ed and the City Manager has exa- mined the work and filed his cer. tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the 430 Special Session, September 28, 1970 City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule, showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 28th day of September, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 324-70 WHEREAS, on March 3, 1969, the City Council of the City of Du- buque, Iowa passed, adopted and approved Resolution No. 50-69 cov- ering the sale of the following de. scribed real estate: Lot 1 of Lot 1, Block 5 "River Front Subdivision No. 3" in the City of Dubuque, Iowa, contain- ing approximately 10.175 acres more or less, subject to ease- ments reserved for utilities pur- poses, same being reserved unto the City of Dubuque, Iowa, and except easement "A" for rail. road purposes title to which shall remain in City of Dubuque, Ind, WHEREAS, the City Covncil of the City of Dubuque adopted Res. r)lution No. 84-69 authorizing and approving sale and conveyance of said real estate to Commodity Warehousing Corporation of Chi. cago, Illinois for the sale price of $5,000.00 per acre and down pay. ment of $5,000.00 was received and acknowledged by the City of Dubuque, Iowa and which Reso- lution was adopted April 7, 1969, and WHEREAS, Commodity Ware- housing Corporation of Chirago, Illinois has neglected and refused to commence the proposed im- provements on said real estate de- spite repeated requests for same; NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That any and all agreements heretofore entered in- to by and between the City of Du- buque, Iowa and Commodity Ware- housing Corporation of Chicago, Illinois relating to the real estate hereinabove described, be and the same are hereby cancelled and of no further force and effect and the down payment of $5,000.00 be and the same is hereby forfeited as liquidated damages and not as a penalty. Section 2. That the first right of refusal granted to Commodity Warehousing Corporation of Chi- cago, Illinois to purchase Lot 1 of Block 12 "River Front Subdivision No. 3" and Block 13 of "River Front Subdivision No. 3" in the City of Dubuque, Iowa, be and the same is herewith cancelled, de• clared naught, and of no further force or effect. Section 3. That the action of the City Council is taken pursuant and according to the direction of the Dubuque Industrial Bureau and the Mayor's Industrial Committee. Section 4. That the City Clerk he and he is hereby authorized and directed to file a certified copy of this Resolution in the of- fice of the Recorder of Dubuque County, Iowa. Special Session, September 28, 1970 431 Passed, approved and adopted this 29th day of September, 1970. Donald R. Meyers Mayor Walter A Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: 1,eo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. There being no further business Mayor Meyers moved to adjourn. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Leo F. Frommelt City Clerk Approved January 4 , 1971 Adopted January 4 , 1971 City Clerk Regular Session, October 5, 1970 433 CITY COUNCIL OFFICIAL Regular Session, October 5, 1970. Council met at 7:30 P.M., (Central Daylight Time). Persent--Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. City Manager Gil- bert D. Chavenelle. Mayor Aieyers read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council called for the purpose of acting upon Such busi- ness as may properly come before the meeting. Communication of Executive Board of Catholic Mothers Study Club urging consideration to elimi nate the proposed disparity in ,ages between Police and Fire. presented and read. Mayor Meyers moved that the communication be received and filed and referred to the City Council for further study. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- man Bitter, Couchman. Molden. hauer, Pregler. Nays—None Communication of Mrs. Melville: Reddin stating that City is in no position at the present time, to create friction between the Police and Fire Departments due to dis- parity in wages, presented and read. Mayor Meyers moved that the communication be received and filed and referred to the City Coun cil for further study. Seconded by Councilman Pregler. Carried by the following vote: Yeas ---- Mayor Meyers, Council- man Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Communication of Robert J. Butt, AS manager of Atlantic Richfield Corporation, expressing his opinion that the fire department should have the same pay raise increase as the Police Department, being in a position to observe the work of the fireman in two recent fires at Sinclair, presented and read. Mayor Meyers moved that the communica- tion be received and filed and re- ferred to the City Council for further study. Seconded by Councli- inan Pregler. Carried by the follow- ing vote: Yeas --Mayor Meyers, Council. man Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Communication of Matt M. Roh- ner expressing opposition to the disparity in wages between the Police and Fire departments, pre- sented and read. Mayor Meyers moved that the communication be received and filed and referred to the City Council for further study. Seconded by Councilman Pregler. C'arried by the following vote: Yeas --Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Communciation of Dubuque Po- licemen's Protective Assn. accept- ing the suggested wage proposal and requesting an opportunity to address the Council during the sal- ary discussions, presented and read. Alayor Meyers moved that the com- munication be received and filed and referred to the City Council for further study. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- man Bitter, Couchman. Molden- hauer, Pregler. Nays—None. Comrnunciation of Dubuque Coun- ty Chapter of the American Red. Cross requesting equal pay for the firefighters due to their excellent service to the community along with the police, presented and read. Mayor Meyers moved that the com- uiunication be received and filed, and referred to the City Council for further study. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor nleyers, Council- man Bitter, Couchman, Molden- hour, Pregler. Nays --None. September 30, 1970 To the Honorable Mayor and City Council, This is to advise that I have proved the following policy and certificate, and desire to have your approval on same. 434 Regular Session, October 5, 1970 Bond Continuation Certificate H & 13 American Corporation, The American Insurance Company Comprehensive Liability Anton Zwack, Inc., Northwestern National Insurance Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved for fil. ing approval subject to approval of the City Attorney. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas —Mayor Meyers, Council- men Bitter, Couchman, Molden. hatter, Pregler. Nays—None. Notice of Claim of Robert P. Miller, in the amount of $300, for car damage incurred as the result of said car being struck by a city garbage truck on September 16. 1970, presented and read. Council- man bitter moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Notice of claim of Nathan C. Bradley, in an undetermined amount, for property damage in- curred as the result of a city owned tree toppling on his home and up- rooting his sidewalk on September 9, 1970, presented and read. Coun- cilman Bitter moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden hatter, Pregler. Nays—None. Notice of claim of Rich M. Plow- man, in the amount of $10.00, for car damage as the result of a tree falling on his car on October 3, 1970, presented and read. Council man Bitter moved that the notice of claim be referred to the City Solicitor for investigation and re Port. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Notice of claim of Lucille W. Becker, in the amount of $600, for personal injuries received in a fall on a defective sidewalk at the northwest corner of 7th & Bluff Street on September 16, 1970, pre- sented and read. Councilman Bitter moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. October 2, 1970 Honorable Mayor and City Council This is to advise that in the matter of the claim of Madeline Hickson for which the City settled said claim on payment of $2,500.00 for alleged damages received by her on or about February 12, 1969, that the City secured payment of :aid amount from the abutting pro- perty owner and return therefor has been made to the City Mana- s;er's office. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to amend Zoning Or- dinance No. 3-34 so as to change portions of the following described property located in the SW'/4 of NW'/4 Sec. 24, T. 89, N. R. 2E of 5 P.M. in the City of Dubuque, Iowa: Lot I of 1 of 2; Lot 1 of 6; Lot 2 of 7; Lot. 2 of 6; Lot 3 of 6; Lot 2 of 5; Lot 2 of 1 of 5; Lot 1 of 1 of 5 and Lot 3 of 3 all in L. 1f. Lang - worthy's Sub. Lot 1 and Lot 2 of M. A. Rebman's Sub. of Lot 1 of Lot 4 of L. H. Langworthy's Sub- Regular Session, October 5, 1970 division; Lot 2 of 2 of City Lot 674, Lot 2 of 5 of City Lot 674, Lot 2 of 1 of 3 of City Lot 674, Lot 1 of 1 of 3 of City Lot 674, Lot 2 of 3 of City Lot 674, Lot 4 of City Lot 674 and lAt 7 of City Lot 675; Utt 1; Lot I Of 10f 2; Lot 2 0f l of 2; and Lot 2 of 2 in Ducan's Sub. all in the City (,f Dubuque, Iowa, from Single Family Residence District Classification to Multiple Family Residence District Classification, presented and read. No written objections were filed and no oral objectors were pre- sent in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Council man Bitter. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden hauer, Pregler. Kays — None. ORDINANCE No. 4670 An Ordinance Amending and Changing; Ordinance No. 3-3.1 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change certain p_operty hereinafter de- scribed from "Single Family Re- sidence District" Classification to "Multiple Family Residence District" Classification (proper- ty at Clarke Drive and Iieeb Street) said Ordinance having been pre viou,ly presented and read at the Council meeting of September 8. 1970, presented for final adoption. ORDINANCE No. 46-70 AN ORiNANCE: AMENDING AND CHANGING ORDINANCE. No. 3.34 KNOWN AS THE "ZONING MAI' AND ZONING ORDINANCE OF THF. CiTY OF DUBUQUE, IOWA" SO AS TO CHANGE: CERTAIN PROPERTY HF.REINAF'I'F.ft DESCRIBED FROM "SINGLE FAMILY RESiDE:NCE DlsTRicT" CLASSIFICA- TION TO "MULTIPLE. FAMILY RFSI- DENCF. DISTRICT" CLASSIFICATION. NOW THEREFORE BE 11' ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That Ordinance No. 3.34 known as the "Zoning May and Zoning Ordinance of the C H%. of Dubuque, iDwh" he and the same Is hereby amed. ed by changing from "Single Family Hrsidence District" classification to "Multlnle Family Residence District" cisssifirstion the following described real estate. towlt: That portloms of the following de- srrihed property loeal"d in the =SWV of the NWV1 of Section 24, N, R2F of the 5th P M , In the City of Dubuque. Iowa: Lot 1 of 1 435 of 2, Lot 1 of 6 Lot 2 of 7, LM 2 of 6. LM 3 of 6, Lot 2 of 5, Lot 2 of Iof5.Lot I of i of5and Lot 3of 3, all in L.H. Langworthy's Sub- division In the City of Dubuque, Iowa, and Lot I and Lot 2 of M.A. Rebman's Subdivision of Lot 1 of Lot 4 of L.H. Langw'orthy's Sub- dh inion in the City of Dubuque, Iowa, and Lot 2 of 2 of City Lot 674, Lot 2 of 5 of City Lot 674, Lot 2 of 1 of 3 of City Lot 674, Lot 1 of I of 9 of City Lot 674, Lot 2 of 3 of City Lot 614, Lot 4 of City Lot 674 and Lot 7 of City Lot 675, all in the City of Dubuque. Iowa, and Lot 1, Lot 1 of 1 of 2, Lot 2, of 1of 21 and Lot 2 of 2, all in Dun. can's 5ubdlvlslon In the City of Du- huque, lour. Section 2. That the foregoing Amend- ment has heretofore been approved by the. Planning and 'Zoning Commisal m of the City of Dubuque, Iowa. Passed, approved and adopted this lith day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen 4'ITFST: Leo F. Frmnmelt City Clerk Published officially In The Telegrapph• Herald Newspaper this 6th day of Oc- tober, 1970. i o F Frommclt City Clerk it. 1016 Mayor Meyers moved final adop- tion of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter. Couchman, Molden hauer, Pregler. '.Nays — None. ORDINANCE No. 50.70 An Ordinance amending Ordi. nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa", as amended .by repealing Sub. section 22 of Section A of Sche- dule IV thereof and enacting a new suhseetion 22 to Section A of Schedule IV in lieu thereof to limit parking of motor vehicles on street hereinafter designated, nr^q^rted and read. Couneilman Pregler moved that the reading just had be considered the first reading of the Ordinance. liccnnded by Councilman Bitter tarried by the following vote: Yeas — Mayor Meyers, Council men Bitter, Couchman, Molden- hauer, Pregler, Nays — None. Councilman Pregler moved that the rulo requiring an ordinance to be read on three separate das be waived Seconded by 436 Regular Session, October 5, 1970 Couchman. Carried by the follow- ing vote: Yea, — Mayor Meyers, Council- men Bitter, Couchman, Molden- ilaucr, Pregler. Nays — None. ORDINANCE No. 50-70 AN ORDINANCE AMENDING ORDI- NANCE No. 3349 KNOWN AS THE 7RAFFIC CODE OF DUBUQUE IOWA" AS AMENDED BY REPEALNG SUB- SECTION 22 Off' SECTION A OF SCiiE- DULE IV THEREOF AND ENACTING A NEW SUBSECTION 22 TO SECTION A OF SCHEDULE IV IN LIEU THEREOF TO LIMIT PARKING OF MOTOR VE- HICLES ON STREET HEREINAFTER DESIGNATED. NOW THEREFORE BE IT ORDAINED BY OF 1THE CITY COIOUN IL OF THE CITY Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubu- que, Iowa" as amended, be and the same is hereby amended by repealing Sub- section 22 of Section A of Schedule IV thereof and enacting a new Subsection 22 to Section A of Schedule IV in lieu thereof, as follows: SCHEDULE IV. A 22. Both sides of Clarke Drive from North Grandview Ave- nue to St. Ambrose Street and the north side of Clarke Drive from North Grandview to a point 600 feet cast thereof. Passed, approved and adopted this 5th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph I. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in The Telegraph. Herald Newspaper this 8th day of Octo. ber, 1970. Leo F. Frommelt City Clerk it. 10/8 Councilman Pre0er moved final adoption of the Ordinance. Second- ed by Councilman Couchman. Car- ried by the following vote: Was — Mayor Meeyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Naps — None. ORDINANCE No. 53-70 All Ordinance Amending Ordi- nance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by repealing subsection 6.1.8 of Section 6.1 of Parking Meter District A and enacting a new Subsection 6.1.8 of Section 6.1 of Parking Meter District in lieu thereof to limit the parking of motor vehicles on Streets hereinafter designated. presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregier, Nays — None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Couchman. Carried by the follow- ing Vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- limirr, Pregler. Nays — None. ORDINANCE No, 53-70 AN ORDINANCE AMENDING ORDI NANCE No. 37-65 KNOWN AS THE "STREET PARKING METER ORDI- NANCE. OF DUBUQUE, IOWA" BY RE- PEAI.ING SUBSECTION 6.1.8 OF SEC- TION 6.1 OF PARKING METtm U y- TRICT A AND ENACTING A NEW SUB- SECTION 6.1.8 OF SECTION 6.1 OF PARKING METER DISTRICT IN LIE11 THEREOF TO LIMIT THE PARKING OF MOTOR VEHICLER ON STREETS HEREINAFTER DESIGNATED. NOW THEREFORE 13E IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 37-65 known as the "Street Parklna Meter Or- dinance of Dubuque, Iowa" be and the same is hereby amended byrepealing Subsection 6.1.8 of Section 6.1 of Die - trict A and enacting a new Subsection 6.1.8. of Section 6.1 of DISTRICT A in lieu thereof as follows: 6.1 Puking Meter District A. 6.1.8. Ninth Street, North Fide be- tween lowa do Bluff Streets. Passed, approved and adopted this 5th day of October, 1970. Donald R. Meyers Mayor Walter A. Prreler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in The Telegraph - Herald Newspaper this Ilth day of Oc- tober, 1970. Leo F. Frommelt City Clerk u. Io/a Councilman Bitter moved final ,dnption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Was -- Magor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. NaYs — None. ORDINANCE No, 54.70 An Ordinance Amending Ordi- nance No. 3765 known as the "Street Parkinr; Meter Ordinance of Dubuque, Iowa" by repealing subsection 6.1.9 of Section 6.1 of Regular Session, October 5, 1970 437 parking meter District A. presented sad read. Councilman Bitter moved that the reading just had be considered the first reading Of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Councilman Bitter moved that the rule requiring an ordinance to be read on three separate days be waived- Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas -- Mayor Meyers, Council- men Bitter, Ciiuchnlan, 1lfolden- hauer, Pregler. !days — None. ORDINANCE No. 54.70 AN ORDINANCE AMENDING ORDI- NANCE No, 37.65 KNOWN AS THE "STrtF,ET PARKING METER ORUI NANCE OF DUBUgIIE IOWA" BY RE PEALING SUBSCE ION 6.1.9 OF SEC TION 6.1 OF PARKING METER DIS TRICT A. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THF. CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 37.65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" be and the same Is hereby amended by re pealing Subsection 6.1.9 of Section 61 of Parking Meter District A and that the same be and Is hereby repealed and of no further force or effect. Passed, approved rind adopted thi. 51h day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wane A Moldenhauer Gaylord M. Couchman Joseph J- Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The TeleF rapt, Herald Newspaper this ath day o/ Octo bar, 1970. Leo F. Frommelt It. 10/6 City Clerk Councilman Ritter moved final adoption of the Ordinance Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Cnrnnril men Ritter, ('ouchman, Moldrn hiller, Pregler. Nays — None. ORDINANCE No. 55-70 An Ordinance Amending Ordi- nance No. 37.65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by repealing subsection 6.2.10 of Section 0.2 of Parking Meter District B thereof, Removing both sides of Ninth Street between Iowa Street and Main Street form said Park- ing Meter District; presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yea. — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Couchman. Carried by the fol- 1,i.%ing vote: Yeas — Mayor Meyers, Council- imm Bitter, Coucbman, Molden- lif uer, Pregler. Nays — None. ORDINANCE No. 55.70 AN ORDINANCE AMENDING ORDI- NANCE No. 37.65 KNOWN AS THE "STREET PARKING METER ORDI- NANCE OF DUBUQUE IOWA -BY RE- PEALING SUBSEC IOR 6.2.10 of SEC- TION 6.2 OF PARKING METER DIS- TRICT S11)F9 OF REMOVING STREET BETWEEN IOWA STREET AND MAIN STREET FROM SAID PARKING MLMM DIS- TRICT, NOW THEREFORE RE IT ORDA"M By THE CITY COUNCIL OF TFM CITY OF DUBUQUE. IOWA: section 1. That Ordlnanre No. 37.65 known as the "Street Parking Meter Ordinance of Dubuque, /owe" be and the same is here hy amended by re- pealing subsection 6.1.10 of Section 6.2 Cif Parking Meter Dlstrlct B and the 11-1.1r.• and s hereby repeated and of no further force or effect. Passed, approved and adopted this 5th day of October, 1970. Donald R Meyers Mayor Walter A. Pregler Gaylord M. Couchmaner Joseph J. Bitter Cnunctlmen TTINT! l,eo F Frommelt City Clerk Published officlally In The Telegraph Herald Newspaper this lith day of Octo- ber, 1970. Leo Jr. Frommolt City Clark it. 10/6 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: yeas -- Mayor Mevers, Council torn Bitter, Couchman, Molder} liatier, Pregler. I Nays -- None. 438 Regular Session, October 5, 1970 ORDINANCE No. 56-70 An Ordinance Amending Ordi- nance No. 78 by Repealing Sec- tion 31 thereof and enacting a new Section 31 in lieu thereof to prohibit giving a false or fradu- lent report of a crime, a fire, or an accident by calling any peace officer, physician, hospital, am- bulance service or fire depart- ment, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Councilman Couchman moved that the rule requiring reading of an Ordinance on three separate days be waived. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 56-70 AN ORDINANCE AMENDING ORDI- NANCE No. 78 BY REPEALING SEC- TION 31 THEREOF AND ENACTING A NEW SECTION 31 IN LIEU THERE OF TO PROHIBIT GIVING A FALSE OR FRAUDULENT REPORT OF A CRIME, A FIRE OR AN ACCIDENT BY CALLING AW PEACE OFFICER, PHYSICIAN, HOSPITAL. AMBULANCIZ NUW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section .That Ordinance No. 78 be and the same Is hereby amended by re- pealing Section 31 thereof and enacting n r,,w Section ?1 In llou ther,xof a:: fol- lows: 31 FAISE AND FRAUDULENT REPORTS. Whoever Intentionally and without food cause shall give a false or fraudu. ,rt renort of n cringe, a fire, or an accident by calling any peace officer, physician, hosppital, ambulance service, or fir- den rtrn-nt, or by rrvinE or sounding and alarm, or by performing any act calculated to cause such report or alarm, or who shall Intentionally communicate false or fraudulent Infor. mation with reference to a crime. A fire, or an accident t.o anv peace officer, Physician. hospital, ambulance service, or fire department. knowlne such In- formation to be false or fraudulent. shall be guilty of a misdemeanor and upon ronvlrelnn shall he flneri not more than $100.00 or imnrtsoned In the county 1811 not mor- than thirty l'4Ol days. Floweoer. nothing herein shall prevent communication of such false frn,rrl,-1 nt 1Tfnrmntlnn if. at the time of the communication, the rnm munirant explains the source of the Infnrmatlon and the details relevant thereto. Passed, approved and adopted this 5th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Telegraph. Herald Newspaper this 8th day of Octo. ber, 1970. Leo. F. Frommelt 1t, lois City Clerk Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- m^n Bitter, Couchman, Molden- hauer, Pregler. Navy — None. Petition of Patrick M. Sulh van, requesting permission to con. duct the annual homecomine pa- rade on October 15th for Wahlert High School, presented and read. Councilman Couchman moved that the petition be granted and re- ferred to the City Manager. Sec- onded by Councilman Bitter. Car. Hod by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Pregivi Nays—None. Petition of Wayne T. Lewis re- questing that the alley running east and west between Center Place and Race Street and north of W. 11th Street be made suit- able for traffic, presented and read. Councilman Pregler moved that the petition be referred to the Manager and Staff for investi• gation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate at 2354 Lincoln Ave., presented and read. Councilman Bitter moved approval of the petition. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregier. Nays — None. Petition of Frank L, Rokusek et al (9 signers) requesting the instal- lation of a street light on Avoca Regular Session, October 5, 1970 439 Street, between Street, presented t en Street and Cherry ted andread Councilman Bitter moved that the petition be referred to the City Ma- nager and Electrical Inspector for investigation and report. Seconded by Councilman Pregler- Carried by the following vote: Yeas -- Mayor Meyers, Council- men Bitter, (.,ouchman, Molden- hauer, Pregler. Nays — None. Petition of Conrad Plumbing k Heating Co. requesting permission to excavate at 901 W. 3rd Street for sewer to serve Americana Nur- sing Home, presented and read. Councilman Pregler moved appro- val of the petition. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Albert J. Ney re- questing a refund of $150 on the unexpired portion of Class B Beer Permit No. 72 as he has discon- tinued business on September 29, 1970, presented and read. Mayor Meyers moved approval of the re- fund and the Auditor be instructed to issue proper warrant. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Albert J. Ney re- questing a refund of $75 on the un- expired portion of cigarette license No. 64, as he has discontinued business on September 29, 1970, presented and read. Mayor Meyers moved approval of the refund and the Auditor be instructed to issue proper warrant. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Brookvide Dairy Inc. requesting a refund of $37 50 on the unexpired portion of Class C Beer Permit, as they have discon- tinued business on September 30, 1A70, presented and read. Mayor McYers moved approval of the re- fund and the Auditor be instructed to issue proper warrant. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of notice of levy of Special Assessment and inten- tion of the Council to issue bonds to pay for construction of Bies Drive Sanitary Sewer from S.P.L. f Pennsylvania Avenue to N.P.L. of Lot 1 of L-A 6 of C. J. Bies Sub- division presented and read. Coun- cilman Pregler moved that the proof of publication be received and filed. Seconded by Council- man Bitter. Carried by the follow- ing vote: Was — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Statement of City Clerk that no- tices of levy were mailed by certi- fied mail on September 9, 1970, to property owners of record accord- ing to County Auditor's roll, sub- ject to payment of assessment for construction of the Bies Drive Sani- tary Sewer, presented and read. Councilman Bitter moved that the statement be received and filed. Seconded by Councilman Couch- man. Carried by the fallowing vote: Yeas -- Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Statement of Garry Jorgensen certifying that notices of assess- ment were posted in the assessable area of the Bies Drive sanitary sewer from S.P.L. of Pennsylvania Avenue to N.P.L. of Lot 1 of Lot 6 of C.J. Bies Sub. on September 23, 1970, presented and read. Council- man Bitter moved that the state- ment be received and filed. Se. ended by Councilman Couchman. Carried by the following vote: Yeas — h; 440 Regular Session, October 5, 1070 Sub. by Fondell & Sons Inc. con -real estate all as named, situated tractor, in front of and adjoining and owned, and for the several the same, a special tax be and is amounts set opposite each lot or hereby levied on the several lots, parcel of real estate, as set forth and parts of lots and parcels of in the following schedule: 60.00 BIES DRIVE SANITARY SEWER -1969 from S.P.L. of Pennsylvania Ave. to N.P.L. of Lot 1 of Lot 6 of C. J. Bies Subdivision. Manholes Sidewall 67.5 @ 24.00 .................................................... Dubuque Bible Church 2 C. J. Bies Sub. Block l ............................$ 792.29 Kenneth T. & Donna K. Brandel 3 C. J. Bies Sub. Block 1 ........ 792.29 Nellie Bies 4 C. J. Bies Sub. Block 1 ............................................ 792.29 Nellie Bies 5 C. J. Bies Sub. Block 1 ........................................ 944.25 Nellie Bies 1-6 C. J. Bies Sub. Block 1 ............................................ 792.29 Leo & Lavon Meyer 2-2 N.W.V4-N.E.Y4-Sec. 28T.89NR2E .......... 1,188.45 Kenneth & Patricia Crushed Rock %" 60. @ 2.50 ........................................................ Strong 2.2-1-1.2 N.W.Y4-N.E.1/4-Sec. 28T.89NR2E ........................ 792.29 Nellie Bies 1-2-1-12 N.W.1/4-N.E.Y4-Sce. 28T89NR2E .................... 792.29 Harold & Delores Daniels 2-1-2 N.WJ/4-N.E.y4-Sec. 28T.89NR2E 792.29 Frank & Dorothy Miller ('/z) 1 Sylvan Place ................................ 2,773.02 Delbert & Joan Miller (%) 1 Sylvan Place ................................ *Extra Repair Manhole 1 @ 25.00 .................................................... All of which is assessed in proportion to the special benefits conferred $10,451.75 TOTAL QUANTITIES 8" V.T.P. 1205.55 @5.18............................................................... $ 6,244.75 YBranches 6 @ 10.00........................................................................ 60.00 4" C,I. Stubs 5 R 10.00.................................................................... 50.00 Manholes Sidewall 67.5 @ 24.00 .................................................... 1,620.00 Drop Manhole APpurt. 1 @ 250.00 ................................................ 250.00 Manhole Base 5 @ 65.00.................................................................... 325.00 Manhole R. & C. 5 @ 65.00............................................................ 325.00 Manhole Tap 1 C 50.00.................................................................... 50.00 Concrete Curb & Gutter 41.6 Ca 3.50 ............................................ 145.00 'Crushed Rock 3/4" 171.20 @ 2.00 .................................................... 342.00 Crushed Rock %" 60. @ 2.50 ........................................................ 150.00 Seeding3701 @ .25............................................................................ 925.25 Sodding 1536.66 @) 1.00.................................................................... 1,536.66 'Extra Work 1 ru 13.00.................................................................... 13.00 'Extra Stone 1%" 28 Ci, 2.50............................................................ 70.00 *Extra Repair Manhole 1 @ 25.00 .................................................... 25.00 Total Cost........................................................$12,132.66 .0969%u Eng ..................................................... 1,176.41 5% - 52 days ................................................ 87.62 $13,396.69 Miller Share 8" V.T.P. 246 @ 5.18........................................................................$ 1,274.28 4" C.I. Stub 1 n 10.00 ................................................... 10.00 Manhole Sidewall 27.4 « 24.00 .................... 657.60 Manhole Base 1 @ 65.00.................................................................. 65.00 Manhole Ring and Cover l @_ 65.00 ................................................ 65.00 Seeding 335 sq. yd. @ 0.25................................................................ 83.75 $ 2,155.63 15% Eng ......................................................... 323.34 5% - 52 days ................................................ 15.57 $ 2,494.54 Total ............................................ $13,396-69 Less City Share ........................ 450.40 Less Miller Share .....•.•.•.......••.•• 2,494.54 Assessable .................................... 10,451.75 All of which is assessed in proportion to the special benefits conferred Regular Session, October 5, 1970 441 Passed, adopted and approved this 5th daD n lOctober c R Mreyers Mayor Walter A Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attc ct : Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resoluti n. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hatter, Pregler. Nays — None. Proofs of Publication, certified to by the Publishers, of notice (if pub - lie hearing to consider a proposal to authorize the issuance of sewer bonds in the amaunt of $12,500 to pay for assessed cost of construct- ing Bies Drive Sanitary Sewer 196.1 from S.P.L. of Pennsylvania Ave- nue to N.P.I.. of Lot 1 of Lr t 6 of C. J. Bies Subdivision, presented and read, Councilman Pregler moved that the proofs of publication be re- ceived and filed. Seconded by Ma. yor Meyers. Carried by the follow• ing vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Nlolden- hauer, Pregler. Nays — None. RESOLUTION No. 326.70 RESOLUTION PROVIDING FOR THE ISSUANCE OF SEWER BONDS FOR THE PURPOSE OF PROVIDING FOR THE PAY- MENT OF THE ASSESSED COST OF THE IMPROVEMENT OF B1ES DRIVE SANITARY SEWER -1969 -FROM S.P.I.. OF PENN- SYLVANIA AVENUE TO N.P.L. OF LOT I OF LOT 6 OF C. J. BIES SUBDIVISION. Whereas the contract heretofore entered into by the City of Dubu- que, Iowa, for the improvements hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $12.940.29 Dollars of the cost there- of shall he assessed against the pro. perty subject to assessment there. Uir; and Whereas public notice, as pro. vided by law, has been published by the City Clerk stating the inten- tion of the City Council to issue h-)nds for the purpose of providing for the payment of the assessed cost of Faid improvement and a public hearing has been held, pur- suant to such notice and all ob• jections made thereto have been considered and determined: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of I he assessed cost of the improvement of Bies Drive Sani• tart' Sewer -1969 -from S.P.L. of Penn: ylvania Avenue to N.Y.L. of Lot 1 of Lot 6 of C. J. Bies Sub- division. there shall be issued sewer bonds 'n the amount of $12,500.00 Dol- lars in anticipation of the deferred payment of assessments levied for such improvement. 2. Such bonds shall be called ewcr lionds: and shall bear the date of November 5, 1970; and shall be numb:red consecutively; and they shall be numbered, di- vided into series, and be in such denominations and for such matur- ity dates as are shown in the fol- lowing table: Series No. 1, Bond No. 3, Bonds in Series 1567.1569, Den. $500.00, Alatur. April 1, 1970, Amount $1,500.00 Series No. 2, Bond No. 3, Bonds in Series 1570.1572, Den. $500.00, Matur. April 1, 1971, Amount $1,500.00 Series No. 3, Bond No. 3, Bonds in Series 1573-1575, Den. $500.00, Matur. April 1, 1972, Amount $1,500.00 Series No. 4, Bond No. 3, Bonds in Series 157&1578, Den. $500.00, Matur. April 1, 1973, Amount $1,500.00 Series No. 5. Bond No. 3, Bonds in Series 1579.1581, Den. $500.00, Matur. April 1, 1979, Amount $1,500.00 Series No. 6. Bond No. 2, Bonds in Series 1582.1583, Den $500•00, Matur. April 1, 1975, Amount $1,000.00 442 Regular Session, October 5, 1970 Series No. 1, Bond No. 2, Bonds in Series 1584.1585, Den. $500.00, Matur. April 1. 1976, Amount $1,000.00 Series No. 8, Bond No. 2, Bonds in Series 1586-1587, Den. $500.00, Matur. April 1, 1977, Amount $1,000.00 Series No. 9, Bond No. 2. Bonds in Series 1588.1589, Den. $500.00, Matur. April 1, 1978, Amount $1,000.00 Series No. 10, Bond No. 2, Bonds in Series 1590-1591, Den. $500.- 00, Matur. April 1, 1979, Amount $1,000.00 3. Said bonds shall bear interest at the rate of seven per cent per annum, payable semiannually in accordance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No. .................................... Series No ......................... CITY OF DUBUQUE SEWER BOND The City of Dubuque in the State of Iowa promises to pay herein- after mentioned to the bearer here- of, the sum of five hundred dollars with interest thereon at the rate of seven per cent per annum, pay- able semiannually, on the presen- tation and surrender of the inter- est coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Du- buque, in the State of Iowa. This bond is issued by the City of Du- buque under and by virtue of Chapter 396 of the 1966 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on the fifth day of October, 1970, be- ing Resolution No. 326.70. This Bond is one of a series of twenty-five bonds, all for $500.00 numbered from 1567 through 1591, all of like tenor and date, and is- sued for the purpose of providing for the payment of the assessed cost of the improvement of Bies Drive Sanitary Sewer -1969 -from S.P.L. of Pennsylvania Avenue to N.P.L. of Lot 1 of Lot 6 of C. J. Bies Subdivision. as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1282 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, happen- ed, and performed, in regular and due form, as required by law and said Resolution, and for the assess- ment, collection and payment. here- on of said special tax, the full faith and diligence of said City of Du- buque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this fifth day of October, 1970. Donald R. Meyers Mayor Leo F. Frommelt City Clerk (Form of Coupon) Onthe ................................ day of ..... ....................................... I th^ City of Dubuque, Iowa, promises 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 .................... months' interest due that date on its ........................ BondNo . ............................................ dated.................................................... ....................................... Mayor .......................................... City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk he and he is hereby instructed to register said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by Regular Session, October 5, 1970 443 ------------- - ---------- law, the proceeds of said sale to be placed in a special fund to be known as paid otal ut by himrto payent cthe 128 and p cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Ma- yor and countersigned with the facsimile signature of the City Clerk. 9. That as fast aQ funds allow, beginning with the second year after the payment of interest due the City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by re- gular United States mail addressed to the last known address of the purchaser. Passed, adopted and approved this fifth day of October, 1970. Donald R Dtevers Mayor Walter A. Pregler Wayne A Mol&nhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Cnuncilman Couchman moved adoption of the resolution. Second ed by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Mayers, Council men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces sity U)r public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for con- struction of ,John F. Kennedy Road sanitary sewer from Spring Valley Road to 32nd Street -cast side, pre- sented and read. Councilman Bitter moved that the proof of publics tion be received and filed. Second ed by Councilman Couchman. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden hauer, Pregler. Nays — None. Statement of City Clerk certify ing that notices of public hearint: on resolution of necessity were nailed by certified mail on Sep- tember 9, 1970, to property own- ers of record subject to payment of cost of constructing the John F. Kennedy Road sanitary sewer from Spring Valley Road to 32nd Street -east side, presented and read. Councilman Bitter moved that the statement be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the ('ouncil if they so desire. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden• hauer, Pregler. Nays — None. Mr. Don Uthem of 3078 Ken- nedy Road spoke of the extra cost involved in putting the sewer in the street rather than in the rear (if their property. Mr. John Koh - nen stated that the people agreed that the sewer should be put in the street as now figured. in his opinion he cost would not be less if the sewer was put in the street where it really belongs. Mr. Ar- thur Barnhart of 3150 J.F.K. Road thought the sewer would cost less if placed to the back of their pro. pertic; which would entail less dig- uing on their part. Mr. James Pfef- fer was of the opinion that con• siruction of the sewer as present- ly planned is too costly. Councilman Couchman moved that due to the evident disagree- ment among the property owners inv•ilved in the construction of the 1)hn F. Kennedy Road sanitary se- wer the matter be referred back to the City Manager and Engineering Department. Seconded by funcil- man Bitter. Carried by follow- ing the vote: Yeas — Mayor Meyers. Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of pen- dency of resolution of necessity for public improvements and hearing 444 Regular Session, October 5, 1970 upon proposed plans and specifi- cations, form of contract and cost of improvements for construction of a Municipal Equipment Garage, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time of the public hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following v8te: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. NECESSITY FOR IMPROV/EMENT RESOLUTION No. 304-70 WHEREAS, proposed plans, specifications and form of cantract have been duly prepared and ap- proved by the City Council of the City of Dubuque. Iowa, and are now on file in the office of the City Clerk showing among other things the following: 1. The plan of such improvement. 2. An estimate of the cost of the improvement for the Construction of the Municipal Equipment Ga- rage. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and ne- cessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of final con- sideration of this proposed resolu. tion have on file with the City Clerk objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. Tite cost and expense of making said improve- ment will be paid from the Road Use Tax Fund. The above resolution was intro duced, approved and orderee placed on file with the City Clerl+ this 8th day of September, 1970. Approved and place on file foi final action. RECORD OF FINAL ADOPTION The foregoing resolution was fi nally passed and adopted, as pro ?osed, by the City Council this 5th Jay of October 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen :Attest: Leo F. Frommelt City Clerk Councilman Pregler moved final adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION ORDERING CONSTRUCTION RESOLUTION No. 327-70 BE 1T RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to a Resolution of Necessity No. 304.70 which was duly passed by this Council for the construction of the Municipal Equipment Garage. Be and the same are hereby or- dered constructed by the Council upon its own motion and with or without the petition of property owners. All work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the Office of the City Clerk. Be it further resolved that the c,)st and expense of said improve- ment be paid from the Road Use Tax Fund. Be it further resolved that this re,olution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 5th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded Regular Session, October 5, 1970 445 by Councilman Couchman. Carried be the following Yeas — Mayor Meyers, Council- men Bitter. Couchman, Molden- hauer, Pregler. Nays -- None. Proof of Publication, certified to by the Publisher, of Notice to Con. tractors of receipt of bids for con- struction and erection of the Mu- nicipal Gal -age Building to be lo- cated at 11th Street Extension, pre: euted and read. (,ounc.ilman Bitter moved that the proof of pub- lication be received and filed. Se- conded by Councilman Couchman. Carried by the followin; vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. October 5, 1970 To the Ilonorable Mayor and City Council In accordance with published no. tices, bids were received at 11:00 A.M. DST today Monday, October 5, 1970 Seven Drabuque veneral contractors bid on the complete work for the proposed new Muni. cipal Gara,ze. Only three Thousand dollars difference separated the first six bidders and this indicated the highly cnnlpetitive biddin , market we are experienceing to day. The Inwest base bid was rejected m it did not comply with the legal bidding requirement which re- quired sales tax in the propoFal. The low bid was submitted by the Willy Construction Company of Dubuque, one of the qualified ron- tractors for this project. The Ba'e Bid and alternates of the recom. mended general contractor for award are as follows: Base Bid .......... ...........$176,181.00 Alternate 1 ('onirnls for gas and oil tanks ....$3,251.00 Alternate 2 nil tanks and pumps ...................... 9.320A0Alternate 3 Sewer and Water ...................... 3.535.00 Alternate 4 Seven electrically ope- rated doors .. 2.821.00 Alternates 1, 2, 3 and 4 18.927.00 Total Building and Exterior Alter- nates ............................$195,108.00 The estimate for the building was established some months ago at $163,000.00 and this was exceed- ed by eight percent (8%). The es- timates for the exterior alternates for gas tanks, pads, pumps, elec- tronic controls, etc. were higher than the estimates and therefore the entire project is $19,108.00 more than was anticipated. After a review of the proposals and conferences with the engineers and architects. 1 recommend the project be accepted. The bidding indicated very keen competitive- ne,as at this time and the low bid appears very favorable. The build - in,,, including complete heating, ventilating, plumbing and electri- cal work, set on piling, is priced at $6.52 per square foot. This is an exceptional good price and should not be passed up at this time. I sincerely believe nothing eould be gained by any delay but rather we would lose to escalation. Please accept my recommenda. tion to proceed at once with the fzll project with this much needed city facility. Respec, fully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing, vote: Yeas — Mayor Meyers. Council- men Bitter, Couchman, Molden- hatier, Pregler. Nays — None. (Awarding Contract) RESOLUTION No. 328.70 WIlF.R1 AS. sealed proposals have been submitted bycvemact rs for tile Following, imFr MUNICIrAI. GARAGE FOR (,yrY OF DUBUQUE pursuant to Res,lution No. 327.70 and nntice to bidders blin edain a newspaper published city on Sept. 11, 1970 and Sept. 18,1970; and W11ERF.AS, said sealed proposals were opened and read on October 5, 1970, and it has been determined that the bid of Willy Construction Company of Dubuque, Iowa in the amount of $145,108-00 was the low, est bid for the furnishing 446 Regular Session, October 5, 1970 labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Willy Construction Company 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. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 5th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk. Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 329-70 RESOLUTION ordering an elec- tion on the proposition of is- suing bonds to the amount of $300,000 for a Joint County -City Law Enforcement Center Build- ing. WHEREAS the existing city jail facilities of the City of Dubuque, Iowa, and the existing county jail facilities of Dubuque County, Iowa, are inadequate, inefficient and an- tiquated and do not meet the pub- lic needs for the law enforcement purposes; and WHEREAS the most economical solution to the problem of provid- ing satisfactory facilities appears to lie in a cooperative effort by the County and the City for the con. struction and equipment of a Joint County -City Law Enforcement Cen. ter Building to be jointly used by the County and the City for law enforcement purposes; and WHEREAS the county seat of Dubuque County, Iowa, is located within the corporate limits of the City of Dubuque. Iowa, and pur- suant to authority contained in Sections 368.19 to 368.23, inclusive, cif the Code of Iowa, 1966, as amended, officials of the City and the County have approved the terms of an agreement for the construction and equipment of a new Joint County -City Law En- forcement Center Building and for its joint use and occupation by the City for city law enforcement pur. poses and by the County for coun- ty law enforcement purposes; and WHEREAS said agreement has been duly approved by a resolu- tion adopted by the Board of Su- pervisors of Dubuque County, Iowa, and by an ordinance adopted by the City Council of the City of Dubuque, Iowa; and WHEREAS the estimated cost of constructing and equiping said Law Enforcement Center Building is $1,025,000 and it has been deter. mined that the City's portion of the cost of constructing and equip- ping said building aggregates $300,000; and WHEREAS under the provisions of Section 368.20 of the Code of Hwa, 1966, as amended, the City of Dubuque, Iowa, is authorized to issue its bonds to pay its portion of the cost of this project, but the proposition of issuing such bonds must first be submitted to and ap. proved by the voters of said City; and WHEREAS registration of voters is required for elections held in said City and elections therein are governed accordingly; NOW, THEREFORE, Be It Re. solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That a special elec- tion is hereby called and ordered to be held in and for the City of Dubuque, Iowa, on the 3rd day of November, 1970, at which there shall be submitted to the qualified electors of said City, to be by them voted upon, the proposition of Is- suing bonds of said City in the sum of $300,000 to pay its portion Regular Session, October 5, 1970 447 of the cost of constructing and equipping a I`uilding to be jointly acquired, constructed, equipped, used and occupied by Dubuque, County, Iowa, and the City of Du- buque, l:)wa, for county and city law enforcement purposes. Section 2. That for said election on said proposition the City shall be divided into seventeen voting precincts as prescribed for regular elections in said ('ity, the boun- daries of which shall be as de- limited by Ordinances Numbered 7-69 of said City. The polls shall be kept open from seven o'clock in the morning until eight o'clock in the evening. Central Standard Time, and the polling places with. in the respective election precincts shall be as follows: week for three consecutive weeks and on the same day of each week in the "Telegraph- Herald", a le- gal newspaper printed and pub- lished in said City and having a general circulation within the City and the County, which notice shall be in substantially the following form: Voting Precincts Polling places First, Bryant School, 1280 Rush Street Second, Washington Jr. High School, 51 N. Grandview Avenue Third, Franklin School, 39 Bluff Street Fourth. County Court House, 7th & Central Avenue Fifth, Lincoln School, 1101 W. 5th Street Sixth, No. 4 Fire Station, University & Atlantic Streets Seventh, City Hall, 13th & Central Avenue Eighth, Meat Cutters Union Build- ing, 1111 Bluff Street Ninth, Fire Station, 18th & Central Avenue Tenth, Board of Education Build- ing, 1500 Locust Street Eleventh, Wahlert High School, 2005 Kane Street Twelfth, Fulton School, 2540 Cen- tral Avenue Thirteenth, Holy Ghost School, 21101 Central Avenue Fourteenth, Audubon School, 535 Lincoln Avenue Fifteenth, Marshall School, 1450 Rhomberg Avenue Sixteenth, Irving School, 2520 Pennsylvania Avenue Seventeenth, John F. Kennedy School, 2135 Woodland Drive Section 3. That the Mayor is hereby authorized, empowered and in trucled to issue a proclamati•in and notice of the calling of said special election on said proposition, and of the time and place thereof, by publication thereof once each MAYOR'S PROCLAMATION NOTICE OF SPECIAL ELECTION DUBUQUE, IOWA PUBLIC NOTICE is hereby given that a special city election has been called and ordered to be held in the City of Dubuque, Iowa, on the 3rd day of November, 1970, from seven o'clock A.M. to eight o'clock I' M., Central Standard Time, at which there will be submitted to the electors of said City, to be by them voted upon, the proposition of issuing bonds of said City in the sum of $300,000 to pay its portion of the cost of constructing and equipping a building to be jointly acquired, constructed, equipped, u,cd and cecupied by Dubuque County, Iowa, and the City of Du- buque, Iowa, for county and city law enf arcement purposes. At said election voting machines will be used and ballot., prepared therefor will have the proposition printed thereon in substantially the following form: (Face of Ballot) (Notice to Voters: For an affir- mative vote upon the question submitted, pull down the lever above the word "Yes". For a negative vote vote pull down the lever above the word "No".) SHALL THE FOLLOWING MEA- SURE BE ADOPTED? YES NO Shall the City of Dubuque, Iowa, issue bonds in the sum of $300,000 to pay its portion of constructing and equipping a building to be jAntly acquired, constructed, equipped, used and occupied by Dubuque County, Iowa, and by the City of Dubu- que, Iowa, for county and city law enforcement purposes' For said election the City shall be divided into seventeen election precincts, the b,)undaries of which shall be as delimited by Ordinances Numbered 769 of said City. The polling places within the respective election precincts will be as fol- lows: 448 Regular Session, October 5, 1970 Voting Precincts Polling Places First, Bryant School, 1280 Rush Street Second, Washington Jr. High School, 51 N. Grandview Avenue Third, Franklin School, Xf Bluff Street Fourth, County Court House, 7th & Central Avenue Fifth, Lincoln School, 1101 W. 5th Street Sixth, No. 4 Fire Station. Univer. sity & Atlantic Streets Seventh, City Hall, 13th & Central Avenue Eighth, Meat Cutters Union Build ing, 1111 Bluff Street Ninth, Fire Station, 18th & Central Avenue Tenth, Board of Education Build- ing, 1500 Locust Street Eleventh, Wahlert High School, 2005 Kane Street Twelfth, Fulton School, 2540 Cen- tral Avenue Thirteenth, Holy Ghost School 2901 Central Avenue Fourteenth, Aud^bon School, 535 Lincoln Avenue Fifteenth, Marshall School, 1450 Rhomberg Avenue Sixteenth, Irvin; School, 2520 Pennsylvania Avenue Seventeenth, John F. Kennedy School, 2135 Woodland Drive All q-tilified electors of said City are hereby notified to appear at said election, each to vote at the polling place of the election precinct in which such elector re- sides, or as permitted by statute. This Notice is given by order of the City Council of the City of Dubuque, Iowa, pursuant to Sec- tion 368.20 of the Code of Iowa, 1966. Dated at Dubuque, Iowd, this 5th day of October, 1970. Donald R. Meyers Mayor Attest: Leo F. Frommelt City Clerk Section 4. That the City Clerk be and he is hereby authorized and instructed to cause ballots for vo• ting on said proposition to be pre. pared in substantially the form pro• vided in Section 3 hereof in such size as will permit the same to be inserted in the proper place it each voting machine. Voters shall be instructed as to the use of such voting machines as by law Provid. ed. Section S. That the City Clerk shall have ballots for absent voters prepared to be used for voting on the aforesaid proposition on yellow colored paper in substantially the following form, and with the facsi. milie signature. of the City Clerk in the space provided therefor on the b.ick of the ballots: (Face of Ballot) (N,Ace to Voters: For an affir- mative vote on the question sub- mitted upon this ballot make a cross (x) mark or check W) in the square after the word "Yes". For a negative vote make a simi. lar mark in the square following the word "No".) SHALL THE FOLLOWING PUB- I.IC MEASURE BE ADOPTED? Shall the City of Dubuque, Iowa, issue bonds in the sum of $300,000 to pay its portion of Cie cost of constucting and equip- ping a building to be jointly ac- quired, constructed, equipped, used and occupied by Dubuque County, Iowa, and by the City of Dubuque, Iowa, for county and city law enforcement pur- poses? YES NO (Back of Ballot) OFFICIAL ABSENT VOTERS BAL- LOT for Law Enforcement Center Building Bond Proposition Special Eelection, Dubuque, Iowa ................................... Voting Precint ................................... Polling Place November 3. 1970. (Facsimile Signature) City Clerk Section 6. That for said election the Judges and Clerks of election in the respective election precincts hall be as follows: Election Precinct Judges, Clerks First, Mrs. James Gregory, Mrs. Gil. Hingtgen, Mrs. Vivian White, Mrs. Ralph Ruden, Mrs. Louise Ra. foth. Second, Mrs. Helen Sisler, Mrs. Odelia Gartner, Mrs. Louise Riedel, Mrs. Ed. Schuiter, Mrs. Carol Rich- ardson. Third, Mrs. Vi. Rettenmeier, Mrs. Elizabeth Miller, Mrs. Eunice Kilby. Mrs. Anna Kingsley, Mrs. Edna Wunderlich. Regular Session, October 5, 1970 449 Fourth, Mrs. Lucille Hantiemann, Mrs. Eugene Mesch, Mrs. Louise Blum. A4rs. Laura Barry, Mrs. Rose E Beddow. Fifth, Mrs. Clarence Vogel, Mrs. Frank Kubesheski, Mrs. Cleadyth Forby. Mrs. Emil Nebel, Mrs. Grace Chambers. Sixth, Mrs. Jane Bell, Mrs. Nolen Kaune, Mr. Milton Frohs, Mrs. Eve- lyn Zwack. Mrs. Frances Ragatz. Seventh, Mrs. Hilda Lucas, Miss Mary Clemens, Mr. Leo Feller, Mrs. Veronica Meissen, Mrs, Mae Justmann. Eighth, Mrs. Frarces Heles, Mr. Raymond Welu. Mrs. Ann Hubbard, Miss Leta Conley, Mrs. Jane Fuhr- man. Ninth, Mrs. Kathleen Kruse, Mrs. Ethel Schroeder, Mrs. Linda Gras - horn, Mrs. Helen Jestel, Mrs. Gene. va Knapp. Tenth. Airs. Mary Behr. Mrs. Do- rothy Frommelt. Mrs. Harold A. Conzett Sr., Mrs. Ann LIaupert, Mrs. Joanne Smith. Eleventh, Eleanor Pfiffner, Ei- leen Newton, Mrs. Dorothy Grubb, Mrs. Alice Skinner, Mrs. Hilda Kempter. Twelfth, Viola Meyers, I..ucille liannig, Airs. Ida Biehl, Mrs. Pearl Sartor, Mrs. Alberta Knoernschild. Thirteenth, Mrs. Rose Gulick. Mrs. Marie Welu, Mrs. George Beek, Mrs. Freda Foell, Mrs. Lor. rain Quade. Fourteenth, Mrs. Lucille Murphy, Mrs. Nora Hense, Mrs. Nancy Zur. cher Miss Loretta McAndrews Mrs. Amanda Millius. Fifteenth, Mrs, Grace Strohme- yer, Mrs. Juanita Baker, Mrs. Ger- trude Ihrcke, Mrs. Leona Jochum, Mrs. Helen Pape. Sixteenth. Mrs. Ardelie Giunta. Mrs. Cindy Connery. Mrs. Wilma Beckwith, Mrs. Melita Buenker, Mrs. Marie Johnson. Seventeenth, Mrs. Joanne Scan- nell, Mrs. Barbara Abrams, Mrs. Adele Siemers, Mrs. Jeanette Lynch, Mrs. Verna Butt. The foregoing are proper per- sons so to act in accordance with Sections 49.12 et seq. of Chapter 49, Code of Iowa. Upon the closing Of the polls for said election, said Judges and Clerks shall file report of the results of the vote on said proposition with the City Clerk i order that such results may canvassed and officially declared by this Council. Section 7. That this Council meet on the next (secular) day following the day of said election, :it the City Hall within said City, at 5:00 oelnek P.M., to canvass and declare the results of said election. Section S. That all resolutions or parts of resolutions in conflict herewith be and the same are here- by repealed. Section 9. That this resolution be in force and effect immediately upon its passage and approval. Passed and approved October 5th, 1970. Donald R. Meyers Mayor Attest: Leo F. Frommelt City Clerk Recorded October 5th, 1970. Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter. Couchman, Molden• hauer, Pregler. Nays — None. October 5, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed the final plat of Lot 1 and Lot 2 of Block 16 in Dubuque Downtown Plaza, City of Dubuque, Iowa. The (,ommission has found that the plat is in accord with the Ur- ban Renewal Plan far the City of Dubuque, Iowa, and meets the mini- mum requirement of the Ordi- nance. it is the recommenda iionfthe Commission that the proposal he approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Bitter moved that the communication a received oc iedanMeyers. filed. Seconded by vote: Carried by the following s Years — Mayor Meyers, Moldein- d men Bitter, Couchman, n hailer. Pregler. be Nays. --None. 450 Regular Session, October 5, 1970 RESOLUTION NO. 330.70 DEDICATING CERTAIN LOTS IN THE DOWNTOWN URBAN RENEWAL PROJECT AREA FOR STREET PURPOSES WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occupants, demolished and removed site im. provements, and has otherwise pre- pared certain land for reuse pur- pose; and WHEREAS, a plat dedicating certain lots for street purposes has been examined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zon- ing Commission of the City of Du- buque, Iowa, and has its approval endorsed thereone; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Du- buque, governing the subdivision of real estate in the City of Du- buque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the plat dated September 29, 1970, dedicating Lot 2 of the subdivision of City Lot 97, in the City of Dubuque, Iowa, by Carl F. Bartels, Licensed Profes- sional Civil Engineer and Land Sur- veyor, be and the same is hereby approved, and the dedications of said Lot for public street purposes as West Fifth Street with ease- ments for public utilities as the same appears upon said plat, be and the same are hereby accepted. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to file a copy of this Reso lution in the Office of the County Recorder in and for Dubuque Coum ty, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted Lhis 5th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Years — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 332.70 APPROVING A PLAT IN DUBUQUE DOWNTOWN PLAZA IN THE CITY OF DUBUQUE, IOWA WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occu- pants, demolished and removed site improvements, and has otherwise prepared certain land for reuse purposes; and WHEREAS, a plat of Lot 1 of Block 16 in Dubuque Downtown Plaza being comprised of Lot 1 of City Lot 97, and of the Southerly One half of City Lot 98, and of the Northerly One Half of City Lot 98 and of Lot 1 of Southerly One Half of City Lot 99 each in the City of Dubuque, Iowa, has been examined by the City Council of the City of Dubuque, Iowa; and WHEREAS, a plat of Lot 2 of Block 16 in Dubuque Downtown Plaza being comprised of Lot 2 of the Southerly One half of City Lot 99, and of the Northerly One Half of City Lot 99, and of the Southerly One Half of City Lot 100 and of the Westerly 94 feet of the Northerly One half of City Lot 100 and of the Easterly 20 feet of the Northerly One Half of City Lot 100 each in the City of Dubuque, Iowa, has been examined by the City Regular Session, Octolx•r 5, 1974 451 Council of the City of Dubuque, Tows: and WHEREAS. said plat has been examined by the Planning and Zoning Commission of the City of Dubuque. governing the subdivi. sion of real estate in the City of Dubuque, Iowa. now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the plat of Lot 1 of Block 16 and Lot 2 of Block 16 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, dated Sep- tember 29, 1970, by Carl F. Bartels a Licensed Professional Civil En- gineer and Land Surveyor, be and the same is here approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque. Iowa. Section 3. That the City Clerk be and is hereby authoring and direct- ed to file a copy of this Resolution in the Office of the County Record- er in and for Dubuque County, Iowa, and in the Office of the City Asses- sor in and for the City of Dubuque. Iona Passed, approved and adopted this 5th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Years — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 331-70 SUBDIVIDING CERTAIN LOTS IN 771E DOWNTOWN URBAN RE- NEWAL PROJECT AREA FOR PUBLIC RIGHT-OF-WAY AND OTHER PURPOSFS WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Pro- ject, Iowa R-15: and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occu- pant,;. demolished and removed site improvements, and has otherwise prepared certain land for reuse purposes; and WHEREAS, a plat subdividing certain lots for public right-of-way and other purposes has been ex- amined by the City Council of the City of Dubuque, Iowa: and WHEREAS, said pla' has been examined by the Planning and Zon- ing Commission of the City of Du- buque, Iowa, and has its approval endorsed thereon: and WHEREAS, said plat conforms to the laws of the State of Iowa. and the ordinances of the City of Du. buque, governing the subdivision of real estate in the City of Du- buque. Iowa, now therefore BE IT RFSOLVF.D BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section I. That the plat dated September 29, 1970, of the sub- division of City Lot 97 in the City of Dubuque, Iowa, by Carl F. Bar- tels. Licensed Professional Civil Engineer and Land Surveyor, be and the same is hereby approved. Section 2. That the. Mayor and Cily Clerk be and they are hereby authorized and directed to execute ,aid plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and di- rected to file a copy of this Resolu- tion in the Office of the County Recorder in and for Dubuque Coun- ty, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Ga).lord M. Couclunan Joseph J. Bitter Councilmen Attest: i.eo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by 450 Regular Session, October 5, 1970 RESOLUTION NO. 330-70 DEDICATING CERTAIN LOTS IN THE DOWNTOWN URBAN RENEWAL PROJECT AREA FOR STREET PURPOSES WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occupants, demolished and removed site im- provements, and has otherwise pre- pared certain land for reuse pur- pose; and WHEREAS, a plat dedicating certain lots for street purposes has been examined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zon- ing Commission of the City of Du- buque, Iowa, and has its approval endorsed thereone; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Du- buque, governing the subdivision of real estate in the City of Du- buque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the plat dated September 29, 1970, dedicating Lot 2 of the subdivision of City Lot 97, in the City of Dubuque, Iowa, by Carl F. Bartels, Licensed Profes- sional Civil Engineer and Land Sur- veyor, be and the same is hereby approved, and the dedications of said Lot for public street purposes as West Fifth Street with ease- ments for public utilities as the same appears upon said plat, be and the same are hereby accepted. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to file a copy of this Reso- lution in the Office of the County Recorder in and for Dubuque Coun- ty, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Years—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 332-70 APPROVING A PLAT IN DUBUQUE DOWNTOWN PLAZA IN THE CITY OF DUBUQUE, IOWA WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occu- pants, demolished and removed site improvements, and has otherwise prepared certain land for reuse purposes; and WHEREAS, a plat of Lot 1 of Block 16 in Dubuque Downtown Plaza being comprised of I.ot 1 of City I.ot 97, and of the Southerly One Half of City Lot 98, and of the Northerly One Half of City Lot 98 and of Lot 1 of Southerly One Half of City Lot 99 each in the City of Dubuque, Iowa, has been examined by the City Council of the City of Dubuque, Iowa; and WHEREAS, a plat of Lot 2 of Block 16 in Dubuque Downtown Plaza being comprised of Lot 2 of the Southerly One Half of City I.ot 99, and of the Northerly One Half of City Lot 99, and of the Southerly One Half of City Lot 100 and of the Westerly 94 feet of the Northerly One Half of City Lot 100 and of the Easterly 20 feet of the Northerly One Half of City Lot 100 each in the City of Dubuque, Iowa, has been examined by the City Regular Session. Octol-r 5, 1910 Council of the City of Dubuque, lova: and WHEREAS, said plat has been examined by the Planning and Zoning Commission of the City of Dubuque, governing the subdivi- $ion of real estate in the City of Dubuque, Iowa. now therefore HE IT RESOI,VED BY THE CITY COUNCIL. OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the plat of I of 1 of Block 16 and IA)t 2 of Block 16 in Dubuque Downtown Plaza in the City of Dubuque. Iowa, dated Sep. tember 29, 1970, by Carl F. Bartels a Licensed Professional Civil En- gineer and band Sun eyor, be and the same is here approved. Section 2. That the Mayor and City ('lerk be anti they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque. Inwa. Section 3. That the City Clerk be and is hereby authoring and direct ed to file a copy of this Resolution in the Office of thy- County Record• er in and for Dubuque County, Iowa. and in the Office of the City Asses- sor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of October, 1970. Donald It. Mevers Mayor Walter A. Pregier Wayne A. Moldenhauer Gaylord M Couchman Joseph J. Bitter Councilmen Attest: Len F. Frommelt City Clerk Councilman Bitter moved adop tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Years — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays ---None. RESOLUTION NO. 331.70 SUBDIVIDING CERTAIN LOTS IN THF. DOWNTOWN URBAN RE- NEWAL PROJECT' AREA FOR PUBLIC RIGHT-OFWAY AND OTHER PURPOSES WHEREAS, under date of July m, 1967, the City of I)ubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of 451 the Downtown Urban Renewal Pro. ject, Iowa R•15: and WHF.','EAS, the City of Dubuque, Pursuant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occu- pants. demolished and removed site improvements, and has otherwise prepared certain land for reuse purposes; and WHEREAS. a plat subdividing certain lots for public right-of-way and other purposes has been ex- amined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said pla± has been examined by the Planning and Zon- ing Commission of the City of Du- buque, Iowa. and has its approval endorsed thereon; and WHEREAS. said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Du- buque, governing the subdivision of real estate in the City of Du- buque, Iowa, now therefore BE IT RESOLVED BY TIIF, CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the plat dated September 29, 1970, of the sub. division of City i.ot 97 in the City of Dubuque, Iowa, by Carl F. Bar- tels, Licensed Professional Civil Engineer and Land Surveyor, be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and di- rected to file a copy of this Resolu- tion in the Office of the County Reevrder in and for Dubuque Coun- ty, lowa. and in the Office of the Cita Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of October, 1970. Donald R. Meyers Mayor Walter A regler enhauer Wayne A. Gaylord Al. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop tion of the resolution. Seconded by 452 Regular Session, October 5, 1970 Councilman Couchman. Carried by the following vote: Years—Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. RESOLUTION NO. 333-70 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE 17' RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Disabled American Veterans Club, Inc., 2600 Dodge Street Plaza 20 Joseph Reisdorf, 601 Rhomberg Avenue Cyril J. Fries, 201 East 22nd Street Donald C. Brimeyer, 1100 Lincoln Avenue Doris J. Tigges, 2776 Jackson Street Holiday Oil Distributing, Inc., 665 Dodge Street CLASS "C" BEER PERMIT Kopple Market, Inc., 1098 Univer- sity Avenue Brookside Dairy, Inc., 2311 Wind- sor Avenue. Passed, adopted and approved this 5th day of October, 1970, Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Coun cilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun cilmen Bitter, Couchman, Molder hauer, Pregler. Nays—None. RESOLUTION NO. 33470 WHEREAS, applications for Bees Permits were filed by the withir named applicants and they have re ceived the approval of this Coun- cil; and WHEREAS, 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 bonds; NOW THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Disabled American Veterans Club, Inc., 2600 Dodge Street Plaza 20 Joseph Reisdorf, 601 Rhomberg Avenue Cyril J. Fries, 201 East 22nd St. Donald C. Brimeyer, 1100 Lincoln Avenue Doris J. Tigt;es. 2776 Jackson St. Holiday Oil Distributing, Inc., 665 Dodge Street CLASS "C" BEER PERMIT Kopple Market, Inc., 1098 Univer- sity Avenue Brookside Dairy, Inc., 2311 Wind- sor Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 5th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 335.70 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE Be It Re- solved by the City Council of the Regular Session, October S. 1970 C,ag City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL, ACT -- CHAPTER 123 _ as amended by the 60th General Assembly, 1961 CLASS "C" COMMERCIAL ESTABLISHMENT ().ri1 J. Fries, 201 Fast 22nd St. Holiday oil Distributing, Inc., 665 [lodge Street Passed, adopted and approved this 5th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauei Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, C'oun cilmen Bitter. Couchman, Molden hauer, Pregler. Nays—None. RESOLUTION NO. 336-70 WITF.REAS, applications for Liq uor Permits were filed by the within named applicants and the% have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply With the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE Be It Re solved by the City Council of Du- buque, Iowa, that the Manager be authorised to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Cyril J. Fries, 201 East 22nd Sl. Holiday Oil Distributing, Inc., 665 Dodge Street Passed, adopted and approved this 5th day of October, 19io. Donald R. Meyers blayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayors Meyers moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Seas .— Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. There being no further business Councilman Couchman moved to adjourn. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays --None. Leo F. Frommelt City Clerk Approved Januar 4.1.. 194 January.A.x, imi A �l. n Attaaw- city , Clerk 454 Special Session, October 12, 1970 CITY COUNCIL OFFICIAL Special Session October 12, 1970. Council met at 7:30 P.M. Central Daylight Time. Present — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. City Manager Gil- bert D. Chavenelle. Mayor Meyers read the call and stated that service thereof had been duly made and this meeting is called for the purpose of acting upon such business as may pro- perly come before the meeting. Communication of Nattional As- sociation of Letter Carriers expres- sing opposition to disparity of wages batween Police and Fire, presented and read. Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of Dubuque Fe- deration of Labor urging the adop- tion of a measure that will not create disparity in wages between the Police and Fire Departments, presented and read. Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of City Assessor recommending approval of settle- ment of assessment for Robert & Violette Millius in the amount of $30,000 as against original assess- ment of $33,937 on Lot 1 Becker Sub., Lot 2 of 2 of 1 of 2 of M. L. 370, Lot 1 of 1 of 1 of 2 of M. L. 370, Lot Iof 1of2of 1 of2ofI of M. L. 370, presented and read. Councilman Pregler moved appro. val of the recommendation. Se. conded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of Low Rent Housing Commission submitting minutes of their meeting held on September 23, 1970, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. October 12, 1970 To the Honorable Mayor and City Council I ame returning the petition of Mr. Rokusek and others for an ad- ditional street light on Avoca be- tween Cherry and Green Streets. The proposal has been investi- gated and it is recommended that a 4000 lumen incandescent light be installed. Respectfully, Gilbert D. Chavenelle City Manager Councilman Couchman moved approval of the recommendation. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Council- mcri Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Notice of claim of Marjorie Erne, in the amount of $2000 for perso- nal injuries received in a fall on 8th Ave. in front of the Grand Theatre on September 30, 1970, pre- sented and read. Councilman Preg- ler moved that the notice of claim be referred to the City Solicitor for investigation and report. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Notice of claim of Mrs. Frieda Dalsing of Kieler, Wis. in the amount of $65.00 for personal in- juries received in a fall in the Ur- ban Renewal area at 233 W. 8th Special Session, October 12, 1970 Street on August 3, 1970, present- ed and read. Councilman Pregler moved that the notice of claim be referred h, the City Solicitor for Investigation and report. Seconded by Councilman Bitter. Carried by the following vote: yens Mayor Meyers, Council- men Bitter, Couchman, Molden- hsuer, Pregler. Nays — None. Petition of Charles Frost et al requesting the installation of a street light at 3200 Kensington Place, presented and read. Mayor Meyers moved that the petition be referred to the City Manager and Electrical Inspector for investiga• tion and report. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Kays — None. Petition of YMCA rerquesting Permission to sponsor the fourth annual Halloween Parade on Octo- ber 30, 1970, presented and read. Councilman 11'regler moved that the Petition be referred to the Mayor and Manager to work out solution for trick and treat and also the parade. Seconded by Councilman Couchman. Carried by the fullow- ing vote: Yeas -- Mayor Meyers, Council- men Bitter, Couchman, Mulden• hailer, Pregler. Nays -- None. RESOLUTION No. 337.70 WHEREAS, the City Council of Dubuque, lova, has been and is deeply conCerned with the increas- ing problems of financing the pro- vision of government services in the State of Iowa; and WHEREAS, the primary reliance Of county, school, city and town governments on property tax re- venues has resulted in an undue property tax burden; and WHEREAS, in an increasing number of Iowa communities local Property taxes are approaching the confiscatory level and are in fact equal to a 52 sales tax on hou- sing; and �VHEREAS, there is a demon- strated rived for additional revenue to adequately finance local govern- ment,,; and 455 WHEREAS, we as elected repre• sentatives of our community recog- nize that the solution to city and town government revenue problems cannot be developed without due consideration to county and school financing problems; and WHEREAS, a number of alter. nate soluti:ins to those problems have been considered. NOW THEREFORE BE IT RE- SOLVE[) that the City Council of Dubuque, Iowa, wholeheartedly sup_ port the following legislative pro- posals adopted by the League of Iowa Slunicipalities at its duly convened annual meeting, SePttm- ber 18, 1970: 1. A statewide one cent sales and service tax increase to be col- lected at the state level and distributed to cities and towns and to the counties on a per capita basis. 2. A state program to support the increased use of the state. wide income tax to support local school costs and to re- lieve the pressures on pro- perty taxes. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to those seeking to re- present our community at the ,tate level and their support of these measures be requested. Donald R. Meyers Mayor Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution and copies be sent to the legislative posts. Se- conded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Meyers, Council men Bitter, Couchman, Molden- hauer, 1'regler. Nays — None. October 8, 1970 honorable Mayor and City Council You will recall that in Septem- ber of 1969 you adopted a Resolu- cer- tion providing fur the sale of tain real estate to Bradley Iron Works, Inc. One of the urch serf would pay was that the p 456 Special Session, October 12, 1970 for the southerly 200 feet of said Lot 2 upon receipt of Quit Claim Deed and, plus, pay a ten percent down payment on the northerly 114.23 feet of said lot and the ba- lance to be paid on or before one year from date of delivery of the deed. You are herewith advised that I have delivered to the City Ma- nager check in the amount of $7,849.23 representing the balance of the purchase price paid by Bradley Iron Works, Inc. in full and, accordingly, the appropriate Resolution is herewith submitted together with Quit Claim Deed and I respectfully recommend the adoption of the foregoing Reso- lution as well as execution of said deed and delivery thereof to Brad- ley Iron Works, Inc. who have ful- filled their commitments in accor- dance with their agreement. Respectfully submitted, R. N. Russo City Attorney Mayor Meyers moved approval of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 338.70 WHEREAS, on the 2nd day of September, 1969 the City Council of the City of Dubuque, Iowa pass- ed, and adopted Resolution No. 282-69 therein conveying certain real estate to Bradley Iron Works, Inc., and WHEREAS, said Resolution also covered and provided for the me- thod of payment of the Northerly - most 114.23 feet of said Lot 2, Block 16, Riverfront Subdivision No. 3 in the City of Dubuque, Iowa, which method of payment follows: ten (10%) percent paid down at the time of the adoption of said Resolution and the balance to be paid within one year of the delivery of Deed to the said Gran- tee of the Southerly 200 feet of said lot, and WHEREAS, on or about Septem. ber 3, 1970 Bradley Iron Works, Inc. did deliver its check No. 19678 in the amount of $7,849.38 payable to the City of Dubuque, Iowa representing the balance of the purchase price of the Norther ly 114.23 feet of Lot 2, Blcck 16. Riverfront Subdivision No. 3 in the City of Dubuque, Iowa and the amount of $372.15 has heretofore been paid as the down payment thereon, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the payment to the City of Dubuque, Iowa of the sum of $7,849.38 as the balance of the purchase price upon the pur- chase of the Northerly 114.23 feet of Lot 2, Block 16, Riverfront Sub- division No. 3 from the City of Du- buque, Iowa by Bradley Iron 'Works, Inc. be and the same is hereby approved and the payment prior thereto made in the amount of $872.15 is herewith confirmed and that the said two amounts re- present the total purchase price in full of the real estate herein- above described. Section 2. That the Mayor and the City Clerk be and they are hereby authorized and directed to execute the Quit Claim Deed of the City of Dubuque, Iowa to Brad- ley Iron Works, Inc. covering the real estate hereinabove described and to deliver same to said Grantee forthwith. Section 3. That a certified copy of this Resolution be filed by the City Clerk in the office of the County Recorder in and for Du- buque County, Iowa. Passed, approved and adopted this 12th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Special Session, October 12, 1970 457 RESOLUTION No. 339.70 Block 8 in Dubuque Downtown AUTHORIZING THE EXECU- Plata, in the City of Dubuque, TION OF A CONTRACT' FOR lows. SALE OF LAND FOR PRIVATE Section 2. That Section 1 of Reso- REDEVELOPMENT WITH R & lution No. 287.70 adopted the 8th S ENTERPRISES, INC. AND day of September, 1970, as it here - AMENDING RESOLUTION No. totore existed be and the same is 287.70 hereby repealed and declared null WHEREAS, pursuant to Resolu- and void. tion No. 218.70 dated August 4, Passed, approved and adopted 1970. and a Notice of Public Hear this 12th day of October, 1970. ing published in the Telegraph- Donald R. Mevers Herald, a newspaper of general cir- Mayor culation in the City of Dubuque, Iowa on August 4, 1970 and Au• Walter A. Pregler g gust 11, 1970, City Council met on Wayne A. Moldenhauer the eighth day of September, 1970, Gaylord M. Couchman at 7:30 o'clock P -M , Central Day. Joseph J. Bitter light Time, in the City Council Councilmen Chambers, of City Hall, Dubuque, Attest: Iowa to consider the proposal to Leo F. Frommelt dispose of the interest of the City City Clerk of Dubuque to the Southerly 15 C:ounci".man Pregler moved adop- feet of the Northerly 65 feet of tion of the resolution. Seconded by the Westerly 65 feel of Reuse Par Councilman Couchman. Carried by cel 1 of Block 1, to R & S Enter- the following vote: prises, Inc. yeas — Mayor Meyers, Council - WHEREAS, pursuant to said re- men Bitter, Couchman, Molden- solution a copy of the Redevelop- hauer, Pregler. er's Statement for Public Disclo Nays -- None. sure and a copy of the proposed RESOLUTION No. 340,70 form of Contract fur Sale of Land AUTHORIZING THE EXECU• for Private Redevelopment was TION AND DELIVERY OF placed on file in the office of the I)EED TO R & S ENTER• City Clerk for public inspection; PRISES, INC. FOR SALE OF and LAND IN THE DOWNTOWN WHEREAS, the City Council of URBAN RENEWAL PROJECT, Dubuque, Iowa, overruled any and IOWA R-15 all objections, oral and written, to WHEREAS, under date of OctO- the proposal to dispose of said in- ber 5, 1970, the City of Dubuque terest of the City of Dubuque in R & S Enterprises, Inc. entered the above described real estate to and into a Contract for the Sale of R & S Enterprises, Inc.; now there- the Downtown Urban Re - fore land on neµail Project, Iowa R-15, for pri- BE IT RESOLVED BY THE CITY vate redevelopment by R & S F!", COUNCIL OF THE CITY OF DU- terprises, Inc. BUQUE:, IOWA: WHEREAS, R & S Enterprises, Section 1. That the Mayor and Inc. have complied with the condi. City Clerk be and they are hereby tions of said Contract, and have autborited to enter into a Con- i equested that the City of Dubu• tract for Sale of Land and Private execute and deliver to them Redevelopment in accordance with que Deed for the land described the terms of the Disposition DOM a hereinbelow; now therefore merits governing such sale with BE I1 SOLVED BY THE CITY R & S Enterprises, Inc. for the COUNCIL OF THE CITY OF DU - real estate known as the Southerly BUQUE, IOWA: 15 feet of the Northerly 65 feet of That the Mayor and the 11'esterly 0,5 feet of Reuse Par Sec►len 1. hereby authorized cel 1 of Block 1 in the Downtown City Clerk are execute a to Urban Renewal Project, Iowa R- and directedIneropri es, Inc. for rdthe 15, containing 975 square feet, sub- lett It & b 15 of of the So to survey, and legally de, sale (Oetrof westerlyly Nortl►ei-ly 65 scriblt edscribed as the Northerly 15 feet of 458 Special Session, October 12, 1970 65 feet of Disposition Parcel No. 1 of Block No. 1 in the Downtown Urban Renewal Project, Iowa R- 15, legally described as The Northerly 15 feet of Lot 1 of Block 6 in Dubuque Down- town Plaza in the City of Du- buque, Iowa containing 975 square feet, more or less Section 2. That the Director of the Department of Urban Renewal is hereby authorized and directed to deliver said Deed to R & S En- terprises, Inc. upon receipt of the purchase price of $2,437.50 on the basis of $2.50 per square foot for 975 square feet. Passed, approved and adopted this 12th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 341.70 SUBDIVIDING CERTAIN LOTS IN THE DOWNTOWN URBAN RENEWAL PROJECT AREA FOR PUBLIC RIGHT-OF-WAY AND OTHER PURPOSES WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubu- que, pursuant to the Urban Re- newal Plan for said Project, has acquired real estate, relocated site occupants, demolished and re- moved site improvements, and has otherwise prepared certain land for reuse purposes; and WHEREAS, a plat subdividing certain lots for public right-of-way and other purposes has been exa- mined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zo- ning Commission of the City of Dubuque, Iowa, and has its appro- val endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Du- buque, governing the subdivision of real estate in the City of Du- buque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the plat dated September 29, 1970, of the subdi- vision of the Southerly One -Half of City Lot 99, in the City of Du- buque, Iowa, by Carl F. Bartels, Licensed Professional Civil Engi- neer and Land Surveyor, be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and di- rected to file a copy of this Reso- lution in the Office of the County Recorder in and for Dubuque Coun- ty, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 12th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J . Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Application for annexation of Tower Investment Inc. of the fol- lowing described real estate: Lot 1 of 1 of 1 of 1 of 1 oft of M. L. 483; Lot 3 of 1 of 1 of 1 of 2 of M. L. Special Session, October 12, 1970 459 4g3; Lot 2 of 2 of I of I of 1 of 483: Lot 2 of 1 of I of 1 of 1 of Id 1, 483: beet 1 of M. L. 484; Lot 1 of M. L. 485: Lot 1 of 1 of M. L 493: Iot 1 of M L. 490; I.ot 1 of 1 of M L. 492; Lot 1 of 2 of 1 of M. L. 498: in Table Mound Township Dubuque County, Iowa, Total ac reage 11423 acres, presented and road Mayor Meyers moved that the application be received and filed Seconded by Councilman Pregler. Carried by the following vote: yeas --- Mayor Meyers, Council men Ritter, Couchman, Molden haver, Pregler. Nays — None. Appliration for annexation of Ro• bert Waller and Wm. J. Byrne, as oamrs of the follnwing described real estate: Lot 1 of 1 of 1 of 1 of 1 of 1 of Annie. Wallers Sub. No. 2 in Sections I and 12. T. 88 N. R 2E of 5th P.M., total acreage 55.76 acres, presented and mad Mayor Meyers moved that the app'.ication be received and filed Seconded by Councilman Pregler. Carried by the following vote: Yeas -- Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler, flays — None. •Applicati,)n fnr annexation as previously submitted by the Du- buque Community School District, requesting annexation of the Table Mound Elementary School Site. Presented and mad. Mayor Meyer, moved that the application be re aeived and filed Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Mm ergs, Council men Bitter, Couchman, Molden hauer. Pregler. 'days –.. None. Honorable Mayor and City Council We, the Dubuque County Board Of Supervisors, having the follow- inR described roads under our con- trol and being owners thereof as defined by Section 36236 of the 188 Code of Iowa, do petition that said reads be annexed and made a Part of the City of Dubuque, Iowa, namely, All that part of the right-of-way Of the Rockdale Road, formerly known sa U.S Ruud No. 61, Du- buque County, Iowa from the S,uth line of Lot 1 of Lot 1 Of Lot 1 of Lot 1 of Lot 1 Of Lot 1 An. nie Waller's Subdivision 02 in Sec. tion 1 and 12. Township 88 North, Range 2 Ea't of 5th Principal Meri. than extended across the said road to its easterly right-of-way line, thence northeasterly along the the rightof way as presently estab. lished to the northerly section line of slid Section 1, TownswP 88 North. Range 2 East of 5th Princi- pal Meridan, being the southerly corporation line of the City of Du- huque. Iowa, for a distance of .535.50 feet, all as shown on right-of-way records of the Iowa llighway Commission dated May, 1932, and containing 11.42 Acres :!- and being located in the Northeast Cine -Quarter, Section I, and in Northwest One -Quarter, Section I, and in Southwest One -Quarter, See - tion 1. and in Northwest One -Quar- ter, Section 12, each in Township RA North, Range 2 Fast of 5th Principal Meridian, Table Mound Township, Dubuque County, Iowa, and also the County Road lying northerly of the Table Mound School being comprised of Lot 4 of I of 1 of I.,ot I of Lot 1 of Lot 2 of Mineral Lot 483 containing 1.05 Acres; and I.ot 2 of Iot 2 of Lot 2 of Lot 2 of Mineral Lot 483 con- taining 0.?5 Acre. each being in Section 1, Table Mound Township, Dubuque County, Iowa. Attached hereto marked Exhibit A and made a part hereof by this reference is a plat showing the above described roads in relation to the City of Dubuque, Iowa. Board of Supervisors Dubuque County, Iowa Donald C, Meyers Chairman I,Ouis C. Barrett f.eo N. Schueller October 12, 1970 Attest: Harold P. Meloy County Auditor State of Iowa) Dubuque County) SS 1. HFrold P Meloy, County Audi- tor of Dubuque County, Iowa, do hereby certify that that above, and foreeoi lg and the p thereto is a true and correct COPY of the application for annexation to the City of Dubuque, Iowa, AP- 4190 Special Session, October 12, 1970 proved and adopted by the Board of Supervisors of Dubuque County, Iowa, meeting in special session on the 12th day of October, 1970. Dated this 12th day of October, 1970. Harold P. Meloy County Auditor Councilman Pregler moved that the petition be received and filed and made a matter of record. Se- conded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Naps -- None. October 12, 1970 To the Honorable Mayor and City Council I recommend to you the annexa- tion proposal involving property of the Dubuque Community School District, Tower Investment and Waller -Byrne. As a part of the annexation pro- posal, an agreement has been ar- ranged with Tower Investment and Waller -Byrne so that City sanitary sewer and water service will be ex- tended into the area. It is agreed that the City will apply for federal and state assistance to extend the sanitary line and that Tower In- vestment, Waller -Byrne will pay all costs except federal and state assistance. It is also agreed that Tower Investment, Waller-ByrneW will advance $50,000 for extension of the water mains, which deposit will be refunded over ten years by paying back 20 percent of the water revenue produced in the area. The proposed arrangement pro- vides the long range sewer and wa- ter needs of the area and, except for temporary arrangements, avoids duplicate and conflicting construction. In short, it is the best arrangement for serving the area. The developers are ready to start. It is expected that the avail- ability of sanitary sewer and water will accelerate filling the area with people. Since these City services are instruments of development. then it is correct that annexation of the area to the City should be part of the proposal. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed and approved recommenda- tion. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Pregler. Nays — Councilman Molden- hauer. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Attorney Arnold VanEtten stated the proposal is based on the assum- ption that there will be annexation. A declaratory judgment is pending in the District Court. Mr. Robert Strub of 2033 Rockdale Road claim- ed annexation of the Rockdale area would cause duplication of ser- vices. There are twenty nine pieces of property between the City and the Waller Byrne property. Mayor Meyers moved to reim- pose the rules. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION ANNEXING CER- TAIN TERRITORY TO CITY OF DUBUQUE, IOWA. No. 342.70 WHEREAS, the owners of an area approximately 192.71 acres in size adjoining southerly City Li- mits of the City of Dubuque, Iowa, have petitioned for annexation; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city govern- ment in the way of police and fire protection if said territory is in- corporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure sewer, water, and other mu- nicipal services if said territory is incorporated within the City Li- mits of the City of Dubuque, Iowa; and Special Session, October 12 1970 461 VnWIH AS, Section 362.30, Code of fnwa 1p66, authorizes the ex• tension of city limits in situations of this charm ler by the adoption of a resolution therefor: and WgFRF..AS, the future growth. development, and preservation of the public health of the City of Dubuque. Iowa, makes it impera• tive that said territory be made a part of the City of Dubuque, Iowa: ,y0µ', T11F.REFORF, be it re- Wved by the City Council of the city of Dubuque. Iowa, that the territorial limits of the City of Dubuque. I ,Aa be and they are hereby extended to include the area eompristriv the following de scribed real estate: (a) Lot I of Lot I of Lot I Lot I of Lot 1 of Lot 2 of Mineral Ut 483. (b) tot 3 of I -At 1 of L,ot 1 of LM 1 of I it 2 of Mineral Lot 483 (ei Lnt 2 of Lot 2 of Lot 1 of Lot 1 of Let I of Mineral I,ot 438. (d) IxA 2 of IG)t l of I.ot I of Lot I of imt I of Mineral I.ot 483. (e) Lot 1 of Mineral Lot 4134. (f) Lot 1 of Mineral I.ot 485 (t;) Lot i of Lot 1 of Mineral Lot Lot 493. (hl Lot 1 of Mineral Lot 490. (i) Lot I of Lot 1 of Mineral Lot 4112. (1) Lot 1 of lj)t 2 of Lot I. of Mineral Lot 496. tech in Table Mound Township. Dubuque County, Iowa. Total Ac- reage from the record • 114.23 Ac res. Lot 1 of Lot 1 of Lot 1 of Lot 1 Of Lot 1 of I.ot 1 of Annie Waller'4 Subdivision No. 2 in Section I and 12• Township 88 North, Range 2 East of 5th Principal Meridian. To- tal acreage from the records 55 76 Acres, Lot 2 of I.At 1 of Lot I of U)t I Of Lot 2 of Mineral l.ot 483, and Int 2 of Mineral Lot 484, each in the Southwest ty of Section 1, Township 88 North. Range 2 East Of 5th Principal Meridian, being in Table Mound Township, ]Dubuque County, Iowa, and containing 10 sires. All that part of the right•of-way Of the Rockdale Road, former!' known as US Road No 81, Dubu UP County, Iowa from the South line of Lot 1 of 11,t 1 of Loi 1 of Lot 1 of Lot I of Lot I Annie Wal- lrr's Subdivision 42 in Sections I and 12• Township 88 North, Range 2 East of 5th Principal Meridian extended across the said road to its easterly right-of-way line, thence northeasterly along the right-of- way as presently established to the northerly section line of said Sec- tinn 1, Township 88 North. Range 2 Fast of ,`nth Principal Meridian, being the southerly corporation line of the City of Dubuque, Iowa, for a distance of 7.535.30', all as shown on right-of-way records of the Iowa Highway Commission da- ted May. 1932, and being located in the Northeast One Quarter, Sec- tion 1, and in 'Northwest One -Quar- ter, Section I, and in Southwest One -Quarter, Section I, and in the Northwest One -Quarter, Section 12, each in Township 88 North, Range 2 Fast of 5th Principal Meridian, Table Mound Tnwn.ship, Dubuque C-unty, Iowa. and also the County Read lying, norlherty of the Table Mound School being comprised of: Lot 4 of Lot 1 of Lot 1 Of Lot I of Lot 2 of Mineral Lot 483: and Lot 2,f lAt 2 of Lot 2 of Lot 2 of Mineral Lot 483, each being in Section 1, Table Mound Township, Dubuque County, Iowa, Total Ac- reage from the records - 12.72 Ac- res. This area is as shown on the plat attached hereto (Exhibit A) and by this reference made a Part hereof, the boundaries of said area being ,utlined in red thereon. Passed. adopted and approved this 12th day of October, 1970 Ronald R Meyers Mayor %,alter A. Pregler Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F Frommelt City Clerk Councilman Couchman moved adoption of the resolution Carried ed by (-ouncilrnan Pragle by the folluwing vols: Yeas — Mayor Moe", Council. men Bitter, Couchman, Pregler Nays--•C'ouncilman Moldenhauer. RESOLUTION 140. 3410 µ'11F;1tF:AS, Tower Invesem e and %'alley I4yrne (Table tussled Mobile flume Park) have. req 462 Special Session, October 12, 1970 annexation of certain properties to the City of Dubuque, Iowa, and WHEREAS, because of annexa- tion the city has agreed to extend sanitary sewer and water services to the properties under particular arrangements concerning the con- struction and financing of the sewer and water lines. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Mayor and City Clerk be and is hereby authorized to sign agreements pertaining to the construction of sanitary sewer and water lines to the annexed proper- ties of Tower Investment and Wai- ler -Byrne (Table Mound Mobile Home Park). Passed, approved and adopted this 12th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Pregler. Nays—Councilman Moldenhauer. RESOLUTION NO. 34470 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigar- ette papers within said City. Pete Sfikas, 926 Main Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 121h day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop. lion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler, Nays — None. There being no further business Councilman Couchman moved to adjourn. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Leo F. Frommelt City Clerk Approved J8riU87'� �{ + ..1970. Ja rlu a r y 4. ........ �............................ 19 fad.. ,>%i....... ....... .. . ................................ .. ......... ... ... ouncilmen .tte ......... 11.t_6. �:�. City Clerk J Special Session, October 16, 1970 463 CITY COUNCIL OFFICIAL Special Session, October 16, 1970. Council met at 4:30 P.M. (Central Daylight Time). Present — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. City Manager Gil- bert D. Chavenelle. Mayor Meyers read the call and stated that service thereof had been duly made and this meeting is called for the purpose OF SET. TING A DATE OF PUBLIC HEAR- ING ON THE BUDGET ESTIMATE OF 1971, and acting upon such other business as may properly come before a regular meeting of the Citv Council. RESOLUTION NO. 345.70 WHEREAS the City Manager has submitted a BUDGET ESTIMATE as provided in Chapter 24 of the 1966 Code of Iowa and the City Council had been duly considered and caused to be prepared the budget estimate for expenditures for the fiscal year beginning Jan- uary 1, 1971 and ending December 31, 1971, as a basis for the tax levy for the year 1970, the same to be collected in the year 1971, and said budget having been duly ap- proved by it. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That said Budget Eestimate be and the same is hereby ordered filed in the office of the City Clerk of the City of Dubuque, Iowa, and the date of the public hearing is hereby fixed as the 2nd day of November 1970, at 7:30 o'clock P.M. Central Standard Time , in the Council Chamber at the City Hall. BE IT FURTHER RESOLVED that said Clerk be and he is hereby directed to cause said budget es- tirnate of expenditures to be pub- lished in the official newspaper of the City of Dubuque and the offi- cial notice to be given of the time and place, when and where said Budget Estimate will be considered by said Council for final adoption at which time and place taxpayers will be heard for or against said estimate, said publication to be not less than ten (10) days before said date of hearing. Passed, adopted and approved this 16th day of October 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas -- Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 346.70 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette papers within said City. Charles .1. Spielman, 2401 Windsor Avenue BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 16th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman flitter moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas -- Mayor Meyers, Council- men Bitter, Couchman, Molden• hauer, Pregler. Nays — None. 484 Special Session, October 16, 1970 RESOLUTION NO. 347.70 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Charles J. Spielman, 2401 Windsor Avenue Anthony A. & Bette 0. Ilelling, 701 Dodge Street CLASS "C' BEER PERMIT National Tea Company, 2013 Central Avenue Passed, adopted and approved this 16th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 348.70 WHEREAS, applications f o r Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, 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 bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Charles J. Spielman, 2401 Windsor Avenue Anthony A. & Bette O. Helling, 701 Dodge Street CLASS "C" BEER PERMIT National Tea Company, 2013 Cen- tral Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 16th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 349.70 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123 --as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Charles J. Spielman, 2401 Windsor Avenue CLASS "B" MOTEL Anthony A. & Bette 0. I-ielling, 701 Dodge Street Passed, adopted and approved this 16th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk J Special Session, October 16, 1970 465 Councilman Bitter moved adop tion of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays --None. RESOLUTION NO. 350.70 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Slate Law and all City ordinances relevant, thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that. the Manager be and he is hereby authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Charles J. Spielman, 2401 Windsor Avenue CLASS "B" MOTEL Anthony A. & Bette O. HeWng, 701 Dodge Street Passed, adopted and approved this 16th day of October, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. There being no further business Councilman Bitter moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council. meat Bitter, Couchman, Molden• hauer, Pregler. Nays—None. Leo F. Frommelt City Clerk Approved ..Jenuery h., 197 � ,dop January. 4 x 1971 r��...L:J.. ........ /......... Clerk Regular Session, November , 1970 467 CITY COUNCIL OFFICIAL Reqular Session, November 2, 1970. Council met at 7:30 P.M. Central Standard Time. Present — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. City Manager Gil- bert D. Chavenelle. Mayor Meyers read the call and stated that service thereof had been duly made and this meeting is the REGi;I.AR MONTHLY MEETING called for the purpose of acting upon such business as may properly come before the meeting. November 2, 1970 To the Honorable Mayor and Members of the City Council Attached hereto is a list of par- cels of real estate within the City Limits, consisting of ten acres or more which would be eligible for taxation as agricultural land. Also attached are the applica- tions for exemption as filed by the property owners that have ten acres of land or more, in one: piece or parcel, within the City Limits. These property owners certify that the land is being used for agricultural or horticultural purposes, and are entitled to tax exemption as provided by law. A copy of the attached list will be filed in the office of the Coun- ty Auditor at the time of filing the budget. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Meyers moved approval of the list. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas -- Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden hauer, Pregler. Nays --None. Proof of Publication, certified to by the Publisher, of Budget Es- timate for 1971, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas --- Mayor Meyers, Coun. cilmen Bitter, Couchman, Morten. hauer, Pregler, Nays—None. Communication of International Union of Operating Engineers re. questing to be heard at or prior to the public hearing on the bud. get to rectify the inequality in wages between the Water Dept employees and other groups with- in the City, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Bitter. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Petition of group of city em- ployees (42 signers) from various departments requesting that in considering the 1971 budget the cost of living wage be adminis- tered on an equal percentage bas- is, presented and read. Mayor Meyers moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Communication of Chamber of Commerce Tax Study Committee commending the City for pioneer- ing in budget presentation of this year as being a radical change from previous years and the bud- get as submitted provides the po- tential of vastly improved budget control, presented and read. Coun- cilman Pregler moved that the communication be received filed. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Councilman Moldenhauer moved that the rules be suspended address a ino- der to let anyone pre desire. Sec Council if they ended by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays ---None. 488 Regular Session, November 2, 1970 Mr. Wm. Ohnesorge, represent- ing the Operating Engineers stated that the men he represents have great responsibilities and should be paid accordingly. Mr. Dick Friedman, head of the Chamber Tax Study Committee, commented fundamentally favorable on the budget. Mr. Geo. Walton of 2844 Pinard St. inquired about rubbish pickup charge on fixed income. Resolution for Approval to Levy an Emergency Tax RESOLUTION No. 351-70 WHEREAS, The revenue in cer- tain funds of the municipality set out in the within application is in. adequate to meet the actual and necessary expenses which must be paid from said funds and any ex- traordinary or unforeseen expense which may arise during the en- suing fiscal year; and HEREAS, The inadequacy of the revenue referred to is deemed to constitute an emergency which re- quires the levy of an emergency tax, therefore BE IT RESOLVED, BY THE City Council of Dubuque, of Du- buque County, Iowa, that. the State Appeal Board be and is hereby petitioned for approval to levy an emergency tax for the year 1971, in the sum of Ninety Five Thous- and Sixty -Three Dollars ($95,- 063.00), (not exceeding one mill) said tax to be used as set out below. TO PROVIDE FOR THE APPRO- PRIATED EXPENDITURES IN THE PUBLIC SAFETY FUND; SPECIFICALLY IN THE POLICE AND FIRE DEPARTMENTS. Donald R. Meyers Mayor Leo F. Fromelt Clerk The foregoing resolution was adopted at a regular council meet- ing on the 2nd day of November, A -D. 1970. The vote thereon was as follows: Ayes — Donald R. Meyers„ Jo- seph J. Bitter, Gaylord M. Couch- man, Wayne A. Moldenhauer, Walter F. Pregler. Nays -- None. Councilman Couchman moved adoption of the resolution. See- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter Couchman, Molden. hauer, Pregler. Nays — None. Application for Approval to Levy an Emergency Tax We, the City Council of Dubuque, of Dubuque County, Iowa, hereby make application to levy an emer- gency lax in the sum of $95,063.00 not exceeding one mill, as herein set out. Our budget hearing was held the 2nd day of November 1970. There were 60 citizens at the hearing, of whom 0 objected to the budget and tax levies. Leo F. Frommelt Certifying Officer Financial Statement in Support of Application to levy an Emergency Tax. EMERGENCY FUND Cash Balance Last January 1: $ None; Add: Tax Collection This Year: Estimated $93,944.00; De- duct: Transfers Approved This Year: ....................Deduct: Transfers Anticipated This Year: Estimated $93,944.00; Estimated Cash Balance Next January 1: $ None. Maximum Levy: Yes; Funds to be Benefited: Public Safety; Amount to Be Transferred from Emergency Fund: $93,944.00; To- tal: $93,944.00. APPROVAL This application and resolution having been filed with the State Appeal Board, approval to levy the emergency tax in a sum not ex- ceeding the amount authorized by law is hereby granted this 9th day of November, 1970. Maurice E. Baringer Chairman State Appeal Board by: Francis R. Larew RESOLUTION No. 352.70 WHEREAS, the Council of the City of Dubuque, Iowa, caused to be prepared and published as pro- vided by law, the BUDGET ESTI- MATE OF EXPENDITURES for the fiscal year beginning January 1, 1971, and ending December 31, 1971, and the hearing upon said Budget Eitimate was fixed for the 2nd day of November, 1970, at 7:30 Regular Session, November 2, 1970 409 o'clock P.M. Central Standard Time, in the Council Chamber at the Citv Hall; and WHEREAS, this being the time and place for said hearing, said Brndaet Estimate ryas taken up for final cnnsideration by the Council and all parties in interest have been given an opportunity to be heard for or against said Budget Estimate. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL FOR THE CITY OF DUBUQUE, IOWA: That the Budget Estimate of Expenditures for the fiscal year beginning January 1. 1971 and ending December 31, 1971, hereto- fore prepared and published be and the same is hereby finally ap- proved and adopted and the Mayor and Clerk are directed to certify the same to the C minty Auditor of Dubuque County, Iowa, together with a verified proof of publica- tion and the notice of hearing upon said Budget Estimate. Be it Further Resolved, that the tnxe% reqs+fired to be collected in the year be and the ;anie are here- by levied in the amounts of said Budeet Estimate. Passed- adopted and approved this 2nd day of November 1970. Donald R. Meyers Mayor Walter A Pregler Wayne A. Moldenhauer Gaylord Mi. Cnuchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resoluti,in. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas -- Mayor Meyers, Council- men Flitter Couchman, b1olden- hauer, Pregler. Nays — None. RESOLUTION No. 353.70 A resolution establishinq the fax levies for the year 1970, the taxes to be collected in the year 1971, and used for Municipal Purposes of the City of Dubuque, Iowa. BE FT RESOLVED BY THE CrrY COUNCIL, OF THE CITY OF DU- BUQUE, IOWA: That there be and there is here- by levied the taxes for Municipal purposes for the ensuing year of 1971 the following number of mills on the dollar of all taxable pro- perty within the corporate limits of said City. 4.211 General Fund 1.194 Street Fund 13.330 Public Safety Fund 2.529 Sanitation Fund 2.391 Municipal Enterprise Fund 2.093 Utilities Fund 4.243 Recreation Fund 9 015 Debt Service Fund .302 Tort Liability Fund 9.369 Trust 6c Agency Fund 1.000 Emergency -Public Safety 49 677 Total Mills. Be it further resolved that the 1.25 mills on the dollar is hereby levied upon all lots or parcels of land containing ten acres or more which are occupied in good faith and used for agricultural or horti- cultural purposes. Be it further resolved that the Mayor and Clerk be and they are hereby directed to certify the sums of money that the said tax levies will produce as shown by the Budget Estimate of Expendi- tures as adopted by this Council on the 16th day of October 1970 to the Auditor of Dubuque County. Passed, adopted and approved this 2nd day of November 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter Couchman, Molden- hauer, Pregler. Nays — None. Communication of Don Thomp- son et ux objecting to the dispar- ity in wages between the Police and Fire Departments, presented and read. Mayor Meyers moved that the communication be re- ceived and filed. Seconded by 470 Regular Session, November 2, 1970 Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of Downtown Assn. of Chamber of Commerce ex- tending an invitation to the Coun- cil to ride in the Giant Balloon Parade on November 14, 1970 pre- sented and read. Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Couchman Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of Low Rent Housing Commission submitting a copy of the minutes of their meet- ing held on October 20, 1970 and requesting formal approval as to the filing of an application with the Department of Housing and Urban Development, presented and read. Mayor Meyers moved that the communication be received and filed and permission be granted to file for application. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of John Petrakis advising of the condition of the property at Petrakis Park on Fourth Street and if not corrected he requests that his name he dis- associated with the park, presented and read. Councilman Bitter moved that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of Playground & Recreation Commission submitting copy of minutes of meeting of Oc- tober 12, 1970, pointing particular- ly to the status of Petrakis Park, presented and read. Councilman Bitter moved that the communica- tion be received and filed with instructions that the Chairman of Recreation Commission get in touch with Mr. Petrakis either by letter or in person as to what is contemplated with Petrakis park. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, C--luncil- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of Dubuque County Board of Social Services expressing an interest in discuss- ing with agency executives the need for community planning pro- grams for the elderly and family and children services, presented and read. Councilman Couchman moved that the communication be referred to the Manager to request a meeting with the group. Sec- onded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of Thomas A Finley, attorney, from Dez M,)in­<. on behalf of the Milwaukee Rail- road advising of the sharing of operation and maintenance cost with the Chicago North Western Railroad presently in effect, cov- ering signals from 12th street to 17th Street indicating the Chicago North Western want to discontinue their agreement, and advising that we file a notice of objection with the State Commerce Commission, presented and read. Councilman Pregler moved that the communi- cation be referred to the City Soli- citor for proper proceedings. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Printed Council proceedings for the month of July 1970, presented for approval. Councilman Pregler moved that the Council proceed- ings for the month of July 1970 be approved as printed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays -- None. Regular Session, November 2, 1970 471 October 19, 1970 To the Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, City Audi- tor, Water Superintendent, as well as a list of claims, for the month of September 1970. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved that the reports be received and filed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hatter, Pregler. Nays --None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and disbursements for September 1970, presented and read, Councilman Couchman moved that the proof of publica- tion he received and filed. Sec- onded by Councilman Bitter. Car. ried by the following vote: Yeas --Mayor Meyers, Council men Bitter, Couchman, Molden hauer, Pregler. Nays—None. October 21, 1970 To the Honorable Mayor and City Council I request that you affirm the following appointments to the Plumbing Board effective Novem- ber 2nd, 1970. Leonard J. Backes, M a s t e r Plumber, for a term of 1 year. James C. Davis, Journeyman Plumber, for a term of 2 years. Walter A. Pregler, Board of Health, for a term of 3 years. Robert G. S t e i c h e n, Master Plumber, for a term of four years. Dr. Robert G. Vernon, for a term of five years. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved approval of the appointments. Seconded by Councilman Bitter. Carried by the following vote: Yeas --Mayor Meyers, Council- men Bitter, Couchman, Molden. hatter, Pregler. Nays—None. October 27, 1970 To the Honorable Mayor and City Coun^il I am returning to you the peti• tion of Wayne T. Lewis for open- ing an alley north of West 11th Street. Mr. Allen consulted with the property owners abutting the alley and I have been informed by the Public Works Department that, ac- cording to the wishes of the abut- ters, the alley has been opened fnr approximately 85 feet from its easterly end. Respectfully, Gilbert D. Chavenelle City Manager Councilman Couchman moved that the communication be re- ceived and filed. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas—Mayor Meyers, Councii- men Bitter, Couchman, Molden- hatter. Pregler. 'Ways—None. October 29, 1970 To the Honorable Mayor and City Council, This is to advise that I have approved the following policies .ind certificate, and desire to have your approval on same. CONTINUATION CERTIFICATE Ace Pipe Cleaning, Inc., Insurance Company of North America COMPREHENSIVE LIABILITY Wm. L. Becker Jr., Harold J. Beck- er, Walter P. Becker & Roger V. Becker, d/b/a/, Williama Na Beek- & Sons Stone Co., tional Mutual Insurance Co. H. & B. American Corporation, Associated Agencies, Inc. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the policies be received ecce v d filed i City subject to app othe Mayor City Solicitor. Seconded by Mey- ers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hatter, Pregler. Nays—None. Notice of claim of Virgil H. Mihm, in an unestimated amount, I for property damage incurred as 472 Regular Session, November 2, 1970 the result of a fallen dead elm tree at 396 Klinenberg Terrace on an undetermined day, present- ed and read. Councilman Bitter moved that the notice be referred to the City Solicitor for proper proceedings. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Notice of Claim of Richard L. Burds, in the amount of $30.43 for car damage incurred as the result of driving in a rut in the Urban Renewal area at 5th Street. on October 3, 1970, presented and read. Councilman Bitter moved that the notice be referred to the City Solicitor for proper proceed- ings. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden• hauer, Pregler. Nays—None. Notice of C I a i m of LeRoy Steines of 2704 Andrew Court in the amount of $250. for property damage incurred as the result of a backed -up sanitary sewer on October 20, 1970, presented and read. Councilmen Bitter moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden hatter, Pregler. Nays—None. Notice of Claim of James B. foeffelholz, in an undetermined amount, on behalf of his daughter Kristy Loeffelholz, a minor, for personal injuries received by said minor while playing, in the Gay Street playground on October 18, 1970, presented and read. Council- man Bitter moved that the notice be referred to the City Solicitor for investigation and report. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Notice of claim of Mrs. Lucille Woodhouse, in an undetermined amount, for personal injuries re- ceived in a fall on a defective sidewalk at 1939 Alta Vista Street on October 9, 1970, presented and read. Councilman Bitter moved that the notice be referred to the City Solicitor for proper proceed- ings. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden• hauer, Pregler. Nays—None. Notice of claim of M. A. Foran of j00 Lowell St. in the amount of $35.69 for plumbing expense incurred as the result of a backed - up sanitary sewer on October 16, 1970, presented and read. Council- man Bitter moved that the notice be mr,,rred to the City Solicitor for proper proceedings. Seconded by Mrror Moyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Notice of Claim of Robert A. Palmer of 685 Kane St., in an undetermined amount, for prop- erty damage received as the result of sewer tile rolling down the hill and damaging their fence on Oc- tober 25, 1970, presented and read. Councilman Bitter moved that the notice be referred to the City Solicitor for proper proceedings. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to amend the Zon- ing Ordinance so as to change Lots 8, 9 and 10 of Block 1 and Lots 8, 9 and 10 of Block 2 West- chester Sub. from Multiple to Local Business B Classification, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time of the public hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by .0L Regular Session, November 2, 1970 473 Councilman Bitter. Carried by the following vote: Peas --Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays --None. ORDINANCE NO. 51.70 An Ordinance amending and changing Ordinance No, 3.34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change certain property hereinafter de- scribed from Multiple Family Residence District" Classifica- tion to Local Business "B" Dis- trict Classification, said Ordinance having been pre viously presented and read at the Council meeting of September 28. 1970, presented for final adop• tion. ORDINANCE NO. SI -70 An Ordinance amending and chan0- Itsg Ordnance No. 3.34 known as the 'Zoninq Map and Zoning ordi- nance of the C ty of Dubuque, Iowa" so as to change certain property hereinafter desc•ibed from "Multi- ple Family Residence D strict" e'as- siflcation to "Local Business 'e' Dis- trtcY' class;flcation. NOW 'f IEREF'ORF Bl•: 1T ORDAINF-D by the Clly Council of the City of Du- buque, Iowa: Section 1. That Ordinance No. 3.34 known as the "Zoning Map and Zon- Ing Ordinance of the City of Du- buque, Iowa," be and the same Is herebti amended by ehangins{ rrom "Multlp e Family Residence District•" claaslffclatlon to "Local Busln,•sa 'B' District claralflcation the following de- scribed real estate, to -wit! Lots 8, 9 and 10 of Block 1• and Lots 9, >f, and 10 of Block 2 In Westchester subdivision, all in the City of Dubuque, Iowa. Section 2. That the foregnIng Amend went has heretofore been appproved by the Planning and Zoning Commis• %ion of the City of Dubuque, Iowa. Passed, approved and adopted title Std day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler IN A Muldenhauer Gaylord M Couchman Joseph J Bitter Councilmen ATrI!4'r: Leo F, Frommelt City Clerk Published officially in The Tele. Wtph-Nerald Newspaper this 6th day of November IWM. Leo F. Frommelt 1L 11/0 City Clerk Mayor Meyers moved final adop- tion of the Ordinance. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, council- men Bitter, Couchman, Molden hatter, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to Amend Article IV Section 2 (i) of Zoning Ordi- nance No. 3-34 so as to include the following described real es- tate, Lot 2 of 2 of 2 of 0. L. 670 to be used as a parking lot in addition to the other uses per- mitted in Multiple Family Res- idence District., presented and read, No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Meyers moved that the proof of publication be received and filed. Seconded by Council- man Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays --'-None. ORDINANCE NO. 52.70 An Ordinance Amending Article IV, Section 2 (i) of the Zoning Ordinance of the City of Dw buque, Iowa, to include certain property hereinaft-r described and located in a Multiple Fam- ily District, to permit a parking lot on said property in addition to the other uses permitted in the Multiple Family Residence district, said Ordinance having been pre- viously presented and read at the Council meeting of September 26, 1970, presented for final adoption. ORDINANCE NO. 54.70 Ari Ordinance aa, t`dincl Artiningcle IV, sect on 1 (l), nance of the City of Dubuque, Iowa to include certain Proper}y herein, after described, and located In a per- m tltaploarki grly D lot ontsald propertyto inaddition to the other uses per* en tied in th^ Multiple Family Res, Idence District. N(7W T11F.ItEF'oRE BF. IT ORDAINED I,; the City L'ouncil of the City imbuque, Iowa: $ectlo❑ 2 (1)Seofl he Zoning Articlen 1. That IV. of the city of Dubuque • Iotra be Bill the including same is herebv amended by real estate located in a Multiple Fam• ern r1ea1 Etadte to b ence District as apparking lit slo In addition to the other uses permit- tratiand which r .,!state isldescribed as:2 of Out I of 670,rall in the Cityf Lot 2 ofoof Dubuque, Iowa. mentth s hrratufore the foreapPYo Is by the Planning and Zoning otnmisalon of tine City of Dubuque, Iowa. 474 Regular Session, November 2, 1970 Passed, approved and adopted this 2nd day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in The Tele- graph -Herald Newspaper this 6th day of November 1970. Leo F. Frommelt City Clerk 1t. 11/6 Mayor Meyers moved final adop- tion of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 57.70 An Ordinance establishing a grade on an alley east of Alpine Street for distance of 263.5 feet between Reeder a n d Dodge Streets, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the OsAinance. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 57.70 An Ordinance establishing a grade on an alley east of Alpine Street for distance of 263.5 feet between Reed. er and Dodge Streets. BE 1T ORDAINED by the City Coun. cil of the City of Dubuque: Section 1. That a grade on the alley east of Alpine Street for a distance of 263.5 feet between Reeder Street and Dodge Street, be and the same Is here. by established and adopted as shown by a profile of said alley and grade pre. pared by the City Engineer, profile number 1599. Bench Mark: Point of Arrow on Fire Hydrant on the South- east corner Dodge & Hill Street Eleva- tion 792.73. Said grade begins at the Alpine Street east property line, which 1s Station 0A 00 center line Ele- vation 817.50, North & South edge of alley Elevation 818.00; thence to Sta- tion 0+50 center line of alley Eleva- tion 822.50, North & South edge of alley Elevation 823.00; thence to 0+-75 center line Elevation 823.50, North & South edge of alley Elevation 824.00; thence to Station 1+00 center line Elevation 822.50, North & South edge of alley Elevation823.00• thence to Station 1+50 center line Elevation 817.50, North & South edge of alley Elevation 818.00; thence to Station 2+00 center line Elevation 812.50, North & South edge of alley Elevation 813.00: th, nee to Station 2+50 center line Elevation 807.50, North & South edge of alley Elevation 808.00; thence to Station 2457,5 center line Elevation 806.75 North & South edge of alley Elevation 807.25. Section 2. This Ordinance shall be in mill force and effect Immediately upon its final pass+ige and ndontion and pub. ..cation as provided by law. Passed, adopted and approved this :'nd day of November, 1970. Donald R. Meyers Mayor W ah, r A. Preeler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. B-tter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in The Tele- graph -Herald Newspaper this 6th day of November 1970. Leo F. Frommelt City Clerk it. 11/6 Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. An Ordinance authorizing Con- stance Supple and Mildred Brady to construct an outdoor electrical lamp, presented and read. Council- man Moldenhauer moved that the ordinance be referred to the City Solicitor. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Knights of Columbus requesting permission to excavate in the alley to the rear of their building at 781 Locust Street pre- sented and read. Councilman Preg- ler moved that the petition be approved. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Cletus Freiburger et ux requesting rezoning of Lot 2 of McDaniels Park Hill Subdivi. -t Regular Session, November 2, 1970 415 sion to Multiple Family Classifica- to the west property line of North tion presented and read. Council- Grandview Avenue. man Bitter moved that the petition 10. CERRO DRIVE—from the be referred to the Planning & east property line of Mesa Drive Zoning Commission for investiga• to the west property line of North tion and report. Seconded by Grandview Avenue. Councilman Pregler. Carried by 11. CORTO DRIVE—from the the following vote: south property line of Cerro Drive Yeas—Mayor Meyers, Council- to the south end of street. men Bitter, Couchman, Molden- 12. PERRY STREET—from the hauer. Pregler. west property line of Grandview Nays--None. Avenue to the east property line Petition of Giese Sheet Metal of Rider Street. 13. AUBURN STREET — from Co. requesting a refund of $10. the south property line of Dexter on air conditioning and heating Street to the north property line permits issued by the City depart- of Lot 179 of Woodlawn Park ments and not used. presented Addition. and read. Mayor Meyers moved 14. BERKLEY PLACE — from approval of the refund and direct- the west property line of PrimroseStreet cd the Auditor to issue proper war- to the east property line of ant. Seconded by Councilman Oakcrest Drive. Couchman. Carried by the follow. 15. MONTGOMERY WARD — ing vote: Parking Lot patching. Yeas---Mayor Meyers, Council- Councilman Bitter moved that men Bitter, Couchman, Molden- the proof of publication be re- hauer, Pregler. c•eived and filed. Seconded by 'gays—None. Councilman Pregler. Carried by Proof of Publication, certified the following vote: to by the Publisher, of notice of Yeas--Mayor Meyers, Council- levy of special assessment and men Bitter. Couchman, Molden- intention of the Council to issue hauer. Pregler. bonds to pay for construction of Nays--None- 1969 Bituminous Concrete Surfac- Statement of City Clerk certify- ertifying ingProject No. 1 on the follow- ing that notices of assessment ing named streets: were mailed by certified mail on 1. AVALON STREET—from the September 30, 1970 to property south property line of Asbun, owners of record subject to as Road to the south property line sessment of 1989 Bituminous Con- of Dirkse•n's Addition. trete Surfacing Project No. 1, 2. FLORA PARK—Ice Skating presented and read. Councilman Rink. Bitter moved that the statement Seconded 3. HIGH BLUFF STREET—from be received and filed. Carried the north property line of Farley by Councilman Pregler. to the south property line of Feng b*the following vote: Council, ler Street. Yeas—Mayor Meyers. Molden- 4. JEFFERSON PARK — Play men Bitter, Couchman, area, hauer, Pregler. 5. LOMBARD STREET — from Nays—None. the north property line of Dodge Statement of Ray Rampson cer- Street to the east property line of tifying that notices of levy were Lot 2-1.1.1.1.1-2 of Lots 1 and 2 posted in the assessable area of of Sister's Addition. 1989 Bituminous Concrete Surfac 8. NOWATA STREET—from the ing Project No. 1, presented and north property line of University Avenue line read. Councilman Bitter moved be received and to the south property that the statement Of Loras Boulevard. filed. Councilman Bitter moved be received and 7. SUNNYVIEW DRIVE --from the west property line of North that the statement filed. Seconded by Councilman Grandview Avenue to the west Pregler. Carried by the following property line of St. Ambrose St. 8. MESA DRIVEfrom the south -- vote: Mayor Meyers, Council* property line of Kane Street to Yeas -- Bitter, Couchman, Molden. the south end of the street. men hauer, Pregler. 9. ALTURA DRIVF:---from the Nays — None. east property line of Mesa Drive –■t 476 Regular Session, November 2, 1970 Schedule of Assessments RESOLUTION No. 354-70 RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for construction of City of Dubuque 1969 Bituminous Con- crete Surfacing Project No. 1 by Mulgrew Blacktop Inc. contractor in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real es- tate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the fol- lowing schedule: CITY OF DUBUQUE 1969 BITUMINOUS CONCRETE PAVING PROJECT No. 1 Total Construction Cost ......................................$94.392.82 City Share — Construction ........................ 66,402.51 Assessable Share — Construction ....................$27,990.31 10% Engineering .......................................... 2,799.02 5% — 52 day Interest ................................ 202.15 TOTAL ASSESSABLE ..........................................$30,991.48 High Bluff Bituminous — from the north property line of Farley Street to the south property !ine of Fengler Street. Mettel Realty & Inv. Co., S.E. 77'-2, Wicks Addition ................$ 366.88 Cont: John W. & June E. Cottrell, Wicks Addition............................................................ -0• Cont: John W. & June E. Cottrell, S.E. 77' - S.W., Wicks Addition ............................ -0- Cont: John W. & June E. Cottrell, % - 1, Wicks Addition .............................................. 183.44 John A. & Sandra L Reimer, N.E. '.i - 1, Wicks Addition ........ 183.44 Ralph R. & Edna Revenig, 1, N.W.66'4" - 1&2 - Sub 6, 8&N. 7'10 .................... 472.37 Mary Lou Huston, 2, N.W.66'4" - 1&2 -Sub 6, 8&N. 7'10 ............ 304.92 George C. & Harriett R. Kaufman, S.E.134' - 35 Fenglers Addition ................................ 368.19 Vincent G. & Adele Marie Richard, S.E. 134' - 36, Fenglers Addition .................................. 368.19 Pauline & Melvin C. Duceini, S.E.134' - 37, Fenglers Addition .................................... 368.19 Albert & Arlena Engler, S.E.134' - 38, Fenglers Addition .................................... 368.19 Catherine Jurisic, 39, Fenglers Addition ........................................ 343.14 Orvin & Viola Siobakken, 40, Fenglers Addition ........................ 343 14 Eugene W. & Delores M. Morley, 41, Fenglers Addition ........ 343.14 Cletus T. & Dorothy Cox, 42, Fenglers Addition ........................ 343.14 Cont: Allen J. & Judith C. Hentges............................................ -0- $ 4,356.37 Excavation unclassified, 622 Cu. Yds. (g 1.35 ........$ 83970 Prime Cost M.C. 70, 350 Gals, t7a, .23 ........................ 80.50 Bituminous Concrete Binder Course, 102 Tons q 10.25 ...................................... 1045.50 Bituminous Concrete Surface Course, 975 Tons (a) 10.25 ...................................... 999.37 %" Stabilized Rolled Stone Base, 268.95 Tons Ca 3.40 ........................................ 914.43 M.H. Raised and Lowered, 1 No. of @ 55.00 .......... 55.00 3934.50 10% Engineering .................... 3')3.45 5% int. for 52 days ...................... 28.42 TOTAL ASSESSABLE ..................$4356.37 t Regular Session, November 2. 1970 477 Nowsts Street Bituminous from the north property line of university Avenue to the south property line of Loras Blvd. John C. & Pearl Louise Elmer, N.86' - 2, Idylwilde Heights............................................ $ 17.91 Edward J. & Louise Pins, S.14' • 20, Idylwilde Heights ............ 2.92 Edward J. &Louise Pins, N.36' • 4. Idylwilde Heights ............ 7.50 Donald F. & Ruth L. Brus, I -S.19' - 4, Idylwilde Heights ............ 3.96 Donald F. & Ruth L Brus, 5, Idylwilde Heights ............................ 11.45 Donald F. & Ruth L. Brus, N.5' . 6, Idylwilde Heights ................ 1.04 Donald F. & Ruth L. Brus, N.36' - N.43' - Idylwilde Heights........ 7.50 Donald F. & Ruth L. Brus, S.50' . 6, ldylwilde Heights .............. -0- Clarence & Florence Brockert. S.7' • NAT . Idylwilde Heights 1.46 Clarence & Florence Brockert, S.50' . 6, Idylwilde Heights ...... A - Clarence & Florence Brockert, S.7' . S.50' - 6, Idylwilde Heights 1.46 Clarence & Florence Brockert, N.36' . 7, Idylwilde Heights .... 7.50 E. Paul & Grace Naney, S.19' - 7, Idylwilde Heights .................... 3.96 E. Paul & Grace Nancy, N.24' - 8, Idylwilde Heights .................. 5.00 Patrick J. & Valeria C. Kearns, S.31' - 8, Idylwilde Heights ............................................ 6.46 Patrick J. & Valeria C. Kearns, N.15' - 9. ldylwilde Heights ......................................... 3.12 Anton G. Vondra. S.40' • 9, Idylwilde Heights .............................. 8.33 Melvin Aloysius Weydert, 10, Idylwilde Heights ............................ 10.41 Maurice W. & Patricia A. Remington, N.46' - 11, Idylwilde Heights .................................... 9.58 1.87 Mary E. Schilling, S.9' - 11, Idylwilde Heights ............................ 5.73 Mary E. Schilling, N.37' - 12, Idylwilde Heights ........... I............ 3.687.84 City of Dubuque, 1, Pinehurst Subdivision .................................... Veronica A. & Chas. Miller, 2, Pinehurst Subdivision ...••••.•••••.•• 496.66 Carl M. & Florence Herburger, 3. Pinehurst Subdivision ............ 17440.6 Frank & Marcella Klein, 4, Pinehurst Subdivision ...................»... 324.44 George T. & Marie Thran, 5, Pinehurst Subdivision .................... 302. Donald I. & Norma J. Toom. 6, Pinehurst Subdivision ................ 260.30 '1 E. J. & Irene Kean est., 7, Pinehurst Subdivision ........................ 280.30 Carl & Ann Ihrcke. 8, Pinehurst Subdivision ................................260-30 Subdivision .................... r "! Bain C. & Loueen Martin, 9, Pinehurst Aegidins & Louise Tigges, 10, Pinehurst subdivision ................ 260.30 130.15 Aegidins &Louise Tigges, S.E. %11, Pinehurst Subdivision .... Wayne A. & Kerin Kae Moldenhauer, N.W. ' 11, Pinehurst Subdivision ................ 130.15 Wayne A. & Kerin Kae 260.30 Moldenhauer, 12, Pinehurst Subdivision .................................... Subdivision 260.30 Victor K. & Kath S. Nakashima, 13. !'inehurs! •••••••• 260.30 • Evelyn M. Zwack, 14, Pinehurst Subdivision ................................ 260.30 Cletus T. & Dorothy E. Cox, 15, Pinehurst Subdivision .......••....... Pinehurst Subdivision .............••• 143.17 The American Oil Co., 16, The American Oil Co., 17, Pinehurst Subdivision ....................•••• 377,44 449.84 ........................... City of Dubuque, 18, Pinehurst Subdivision..' "' 185.44 City of Dubuque, 19, Pinehurst Subdivision .................................... 105.27 . City of Dubuque, 20, Pinehurst Subdivision............ ..». ......""""""' 4.06 i City of Dubuque, 21, Pinehurst Subdivision ••• 5 8,782.18 Tack Coat RCC 70, 145 Gal. r 0.28 .........• $ 40.60 Bituminous Concrete -- 1,845.00 (a) 10.25 .................... Binder Course, 180.0 Ton Bituminous Concrete — 1,383.75 @ 10.25 •••••• """' Surface Course, 135.0 Ton Concrete remove and re -20,00 ..... 4,280.00 Sq. Yds a place w/8" Concrete, 214 Stabilized Rolled 189.38 Stone Base, 55.7 Ton (a, 3.40 ...................... 478 Regular Session, November 2, 1970 Concrete Removal, 14.0 Sq. Yds. @ 2.00 ................ 28.00 M.H.'s Raise or Lower, 3.0 No, of @ 55.00 ............ 165.00 TOTAL AMOUNT -- Bid ............$7; 931.73 City Share ...................................... 0.00 10% Engineering .......................... 793.17 5% — 52 days ............................ 57.28 TOTAL ASSESSABLE AMOUNT $8,782.18 Sunny View Drive St. Ambrose to Grandview Bituminous Surface Leslie I. Furuseth, 1, Leslie SunnyView Place ...........................$ 94.45 Leslie I. Furuseth, 2, Leslie SunnyView Place ........................... 339.37 Clarence A. & Mercedes Kintzel, 1-1-48, Finley's Addition ........ 445.32 Horace L. & Joyce Hoover, 2.1-48, Finley's Addition ................ 68.65 Joseph T. & Alexia G. Brennan, 49, Finley's Addition ................ 565.37 Vincent & Doris Ann Dressen, 50, Finley's Addition .................... 565.37 L. H. & Margaret Pape, 51, Finley's Addition ................................ 565.37 George R. & Mary E. Berg, 52, Finley's Addition .......................... 565.37 Frank J. Jr. & Cornelia Glab, 53, Finley's Addition .................... 565.37 Robert N. & Kathy Dunphy, 54, Finley's Addition ...................... 565.37 Donald E. & Dagmar M. Boal, 55, Finley's Addition .................... 565.37 Robert Albert, 56, Finley's Addition ................................................ 565.37 Joseph A. & Mildred M. Koester, S.100' - 57, Finley's Addition 464.1.7 Francis W. & Mary A. Morgan, W.32' - N.98' - 58, Finley's Addition ............................ 49.10 Francis W. & Mary A. Morgan, N.98' - 57, Finley's Addition ........................................ 101.20 Francis W. & Mary A. Morgan, E.34' - N.98, - 58, Finley's Addition ............................ 52.11 John T. & Catherine Hanrahan, S.100' - 58, Finley's Addition .... 464.17 Marvin A. & Beatrice Strief, 59, Finley's Addition .................... 565.37 Ambrose J. & Delores M. Marshall, 59, Finley's Addition ........ 565.37 Leo P. & Norma Michel, 61, Finley's Addition ............................ 565.37 Maurice J. & Rose L. Renier, 62, Finley's Addition .................... 565.37 Vera F. Waite, 63, Finley's Addition ............................................ 565.37 Lloyd W. & Elaine Seaman, 64, Finley's Addition .................... 565.37 $ 9,993.72 'Deficiencies Paid by City Leslie I. Furuseth, 2, Leslie Sunnyview Place ............................ 81.91 $10,075.63 Excavation — Unclassified, 918 Yds. (a) 1.35 ........ 1,239.30 Tack Coat R.C. 70, 150 Gals. @ .28 ........................ 42.00 Prime Coat M.C. 70, 650 Gals. @ .23 .................... 149.50 Bituminous Concrete — Binder Course, 230 Ton @ 10.25 ........................ 2,357.50 Bituminous Concrete — Surface Course, 195 Ton @ 10.25 .................... 1,998.75 3/4" Stabilized Rolled Stone Base, 860.55 Ton @ 3.40 ......................... 2,925.87 Concrete Removal, 1 Sq. Yd. @ 2.00 .................... 2.00 M.N. raised or lowered, 4 No. of @ 55.00 .......... 220.00 M.H. ring & cover, 3, No. of @ 55.00 .................... 165.00 Total .............................................$ 9,099.92 10% Engineering ........................ 909.99 5% for 52 days ...................... 65.72 TOTAL ..........................................$10,075.63 t Bar Har Har Car Car D&I Regular Session, November 2, 1970 479 Perry Street Bituminous — from the W.P.L. of Grandview Avenue to the E.P.L. of Rider Street. Bart B. & hazel M. Grote, 18, Grandview Park Block 6 ..............S 14.43 Harold G. & Jeanette Kutsch, 19, Grandview Park Block 6 ............ 47.53 Harold G. & Jeanette Kutsch, 19, Grandview Park Block 6 ............ 61.44 Carl J. & Phyllis R. lianson, 21, Grandview Park Block 6 ........ 82.94 Carl J. & Phyllis R. Hanson, N.20' - 22, Grandview Park Block 6 97.13 David G. & Gloria C. Tschudi, S.5' • 22. Grandview Park Block 6................................ 82.04 David G & Gloria C. Tschudi, 23, Grandview Park Block 6 ............................................ 251.46 Leo & Dorothy Cox, 24, Grandview Park Block 6 ........................ 76.00 Leo & Dorothy Cox, 25, Grandview Park Block 6 ........................ 107.31 Leo & Dorothy Cox, 26, Grandview Park Block 6 ........................ 121.51 Leo & Dorothy Cox. 27, Grandview Park Block 6 ........................ 121.87 Vera C. Rederus, 28, Grandview Pa-k Block 6 .............................. 121.87 Vera C. Rederus, 29, Grandview Park Block 6 .............................. 121.87 John Duane & Audrey R. Mortensen, 30, Grandview Park Block 6 .................................... 121.87 John Duane & Audrey R. 121.87 Mortemen, 31, Grandview Park Block 6.................................... John Duane & Audrey R. 60. 94 Mortensen, 1.32, Grandview Park Block 8 .................................... David && Barbara Setter, 2.32, Grandview Park Block 6 ............ 60.94 David & Barbara Setter, 33, Grandview Park Block 6 ................ 121.87 121.87 David & Barbara Setter, 34, Grandview Park Block 6 ................ 121.87 George W. & Hclene F Chapman, 35, Grandview Park Block 6 .... 121.87 George W. & fielene F. Chapman, 36, Grandview Park Block 6 .... George W. & Helene F. Chapman. 1.37, Grandview Park Block 660.94 60.94 James & Sheila Finn, 2-37, Grandview Park Block 6 .....• •. .......... 121.87 James & Sheila Finn, 38, Grandview Park Block 6 • ••• .....1••.•"" 121.87 .•.• ••.............•• James & Sheila Finn, 39, Grandview' Park Block 6 ........................ Park Block 15 .... 119.09 John G. & Genevieve J. Kieffer, 1, Grandview John G. & Genevieve J. Kieffer, 2. Grandview Park Block 15 ....119.09 Walter K. & Lulu Schoby, 1.3, Grandview Park Block 15 ............ Park Block 15 59.57 59,57 John G. & Genevieve J. Kieffer, 23. Grandview Grandview Park Block 15 •............. 11909 Walter K. & Lulu Schoby, 4, Grandview Park Block 15 _.............. 119.09 Walter K. & Lulu Schoby, 5, Grandview Park Block 15 .... 119.09 Cletus F. & Marjorie G. Kemp, 8, Crandviely Park Block 15 .... 119.09 Cletus F. & Marjorie G. Kemp, 7, 1-8, Grandview Park Block 15 •••• 59.57 Francis L. & Margaret Conlon, 2-8, Grandview Park Block 15 .... 59.57 Cletus F & Marjorie G. Kemp, Grandview Park Block 15 •••• 119.09 Francis L. & Margaret Conlon, 9, Grandview Park Block 15 .... 119A9 Francis I.. & Margaret Conlon, 10, Grandview Park Block 15 ..•••••• 119.09 J. Timothy & Deanne McNeil, 11, Grandview Park Block 15 ........ 119.09 J. Timothy & Deanne McNeil, 12, Grandview Park Block 15 .• 119.09 Leo J. & Arabella Weber, 13, ........ Park Block 14 119.09 Leo J. & Arabella Weber, 14, Grandview 5 Grandview' Park Block I •.••••.. 119.09 Vincent ,I. & Ruth Connelly, 15, Vincent J. & Ruth Connell 16, Grandview Park Block 15 .• ••••• 11A.09 119.09 Vincent J. & Ruth Connelly, 17, Grandview Park Block 15 ..•••••• Chester G. & Wilma Robin. George A. & Louise H. Sny. 22, Grandview son, Lot 18, Grandview der. Lot Park Block1 5 12914 Park Block 15 118.08 Jane Ann William N. Chester G. & Wilma Robin- Grand- Lot Grand 23 son, Lot 10, Grandview Duggan, I Park J,an 5 82.94 Park Block 15 .................. 62.17 view &lo Ann William N• Chester G. & Wilma Robin- Grand- Lot 24, Grand- Duggan, 61.45 son. Lot 20, Grandview yiew Park Block 15 .•• Park Block 15 . 18.03 j F. &Mora Datisman, Hamot George A. & Louise H. Sny 25, Grandview Park 34.88 der, Lot 21, Grandview Park Block 15 .................. 251.46 ! Block 15 ....................... -+t 480 Regular Session, November 2, 1970 Dubuque Golf Club. Lot 32, 2,216.80 Grandview Park Block 15 3.75 Dubuque Golf Club, Lot 33, 98.55 Grandview Park Block 15 9.27 Dubuque Golf Club, Lot 34, 42.00 Grandview Park Block 15 14.33 Dubuque Golf Club, Lot 35, 92.00 Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 36, 563.75 Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 37, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 38, 922.50 Grandview Park Block 15 17.44 Dubuque Golf Club, I.ot 39, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 40, 2,045.78 Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 41, 19.00 Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 42, 55.00 Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 43, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 44, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 45, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 46, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 47, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 43, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 49, Grandview Park Block 15 17.44 Dubuque Golf Club, Lot 50, Grandview Park Block 15 17.44 Dubuque Golf Club, Va- cated Morgan Street ........ 58.57 $5,560.50 Excavation Earth (un- 2,216.80 classified) 73 Cu.Yds. CO 1.35 ............................ 98.55 Tack Cont. RC -70 150 Gal. @ 0.28 ............................ 42.00 Prime Coat MC -70 400 Gal. @1 0.23 .................. 92.00 Bituminous Concrete - Binder Course, 160 Ton 563.75 q) 10.25 ........................ 1,640.00 Bituminous Concrete - Surface Course, 90 Ton 778.43 P 10.25 .....................I.... 922.50 Sand Coat, 5 Ton g 10.44 52.20 3/4" Stabilized Rolled Stone Base, 601.7 Ton 25.60 3.40 ............................ 2,045.78 Concrete Removal, 9.5 Sq. 110.00 Yds. @ 2.00 .................... 19.00 M.H.'s Raise and Lower, 1 No. of @ 55.00 .......... 55.00 M.H.'s Ring and Cover, 1 No. of @ 55.00 .............. 55.00 Total Amount of Bid .... 5,022.03 10% Engineering ........ W120 5% - 52 days .............. 36.27 5,560.50 Auburn St. from S.P.L. Dexter St. to N.P.L. Lot 179 Woodlawn Park Addition Bituminous Andrew W. & Adala K. Lachman, Lot 173, Wood - lawn Park Addition ........ 369.47 Leo G. & Anneta Beck, Lot 174, Woodlawn Park Ad- dition .................................. 369.47 Richard L. & Margaret A. Kemp, Lot 175, Wood - lawn Park Addition ........ 369.47 Ray F. & Ruth F. Duehr, Lot 179, Woodlawn Park Addition ............................ 369.47 Lavern J. & Mary Louise Kowalske, Lot 180, Wood - lawn Park Addition ..... 369.46 Willis J. & Grace M. Beck- er, Lot 181, Woodlawn Park Addition .................. 369.46 of @ 55.00 .................... 55.00 2,728.41 Minus City Share ........ 726.28 2,002.13 Plus 10% Engineering 200.21 Interest 5% for 52 days 14.46 Assessable Amount ...... 2,216.80 All of which is assessed in pro- portion to the special benefits con- ferred. vp 2,216.80 Excavation Unclassified, 370 Cu. Yds. a 1.35 .... 499.50 Prime Coat M.C. 70', 200 Gal. («) .23 .................... 46.00 Bituminous Binder Course, 62.5 Tons 0 10.25 ...... 640.63 Bituminous Surface Course, 65 Tons C? 10.25 563.75 3/4" Stabilized Rolled Stone Base, 228.95 Tons @ 3.40 ............................ 778.43 Bituminous Sawing, 19 Lin. Ft. @ .50 .............. 9.50 Concrete Removal, 12.8 Sq. Yds. a! 2.00 .................. 25.60 M.H.'s Raised or Lowered 2 No. of Gl' 55.00 ........ 110.00 M.H. fling & Cover, 1 No. of @ 55.00 .................... 55.00 2,728.41 Minus City Share ........ 726.28 2,002.13 Plus 10% Engineering 200.21 Interest 5% for 52 days 14.46 Assessable Amount ...... 2,216.80 All of which is assessed in pro- portion to the special benefits con- ferred. vp Regular Session, November 2, 1970 481 Passed. adopted and approved this 2nd clay of November. 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Mnld-nh-mer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- haver, Pregler. Nays — None. Proof of Puhlieation, certified to by the Publisher. of notice of public hearing to consider a pro- posal to issue bond,; to pay for as- sessed cost of 1969 Bituminous Concrete Surfacing Project No. 1 presented and read. Councilman Pregler moved that the proof of publication he received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 355-70 Resolution providing for the is- suance of Street Improvement bonds for the purpose of provid- ing for the payment of the a- sessed cost of the construction of the City of Dubuque 1969 Bitu- minous Concrete Surfacing Pro- ject No. 1. Whereas the contract heretofore entered into by the City of Dubu- que, Iowa, for the improvements hereinafter described has been completed and the City Manager ha` certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $30,991 48 Dollars of the cost there- of shall be assessed against the property subject to assessment therefor; and Whereav public notice, as pro- vided by law, has peen published by the City Clerk stating the in- tention of the City Council to is- sue bunds for the- purpose of pro- viding for the payment of the as - —44 sensed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay ment of the assessed cost of the construction of the CITY OF Dtl- BUQUE 1969 BITUMINOUS CON- CRETE SURFACING PROJECT NO. 1 on the following named .streets: 1. AVALON STREET—from the south property line of Asbury Road to the south property line of Dirksen's Addition, 2. FLORA PARK—Ice Skating Rink. 3. HIGH BLUFF STREET—from the north property line of Farley o the south property line of Fen- gler Street. 4. JEFFERSON PARK—Play a rea. 5. LOMBARD STREET—from the north property line of Dodge Street to the east property line of Lot 2-1.1.1-1.1.2 of Lots 1 and 2 of Sister's Addition. 6. NOWATA STREET—from the north property line of University Avenue to the south property line of Loras Boulevard. 7. SUNNYVIFW DRIVE—from the west property line of North Grandview Avenue Avenue to the west property line of St. Ambrose St. S. !1f ESA DRIVE—from the south property line of Kane Street to the south end of the street. 9. ALTURA DRIVE -from the east property line of Mesa Drive to the west property line of North Grandview Avenue. 10. C:ERRO DRIVE—from the cast property line of Mesa Drive to the west property line of North Grandview Avenue. COR rt line o/E—from the f Cerro Dive south property to the south end of street. 12. PERRY STREET—from the west property line of Grandview Avenue to the east property of Rider Street. 13. At?BURN STREET—from the south property line f Dexter ne Street to the north property of Lot 179 of Woodlawn Park Ad- dition. 482 Regular Session, November 2, 1970 14, BERKLEY PLACE -from the west property line of Primrose Street to the east property line of Oakcrest Drive. 15. MONTGOMERY WARD - Parking Lot patching. there shall be issued street im- provement bonds in the amount of $30,500.00 Dollars in anticipation of the deferred payment of assess- ments levied for such improve- ment. 2. Such bonds shall be called street improvement bonds; and shall bear the date of December 3, 1970; 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., 1, Bonds in Series, 7 Bond No., 1592-1598, Den., $500. Mat., April 1, 1970, Amount, $3,500.00. Series No., 2, Bond in Series, 6, Bond No., 1599-1604, Den., $500, Mat., April 1, 1971, Amount, $3,000.00. Series No., 3, Bonds In Series, 6, Bond No., 1605-1610. Den., $500, Mat., April 1, 1972, Amount, $3,000.00. Series No., 4, Bonds in Series, 61 Bond No., 1611-1616, Den., $500, Mat. April 1, 1973, Amount, $3,000.00. Series No., 5, Bonds in Series, 6, Bond No., 1617.1622, Den., $500, Mat.. April 1, 1974, Amount, $3,000.00. Series No., 6, Bonds in Series, 6, Bond No., 1623-1628, Den., $500, Mat., April 1, 1975, Amount, $3,000.00. Series No., 7, Bonds in Series, 6, Bond No., 1629.1634, Den., $500, Mat., April 1, 1976, Amount, $3,000.00. Series No., 8, Bonds in Series, 6, Bond No., 1635.1640, Den., $500. Mat., April 1, 1977, Amount,. $3,000.00. Series No., 9, Bonds in Series, 6 Bond No., 1641-1646, Den., $500. Mat., April 1, 1978, Amount $3,000.00. Series No., 10, Bonds in Series, 6 Bond No., 1647-1652, Den., $500 Mat., April 1, 1979, Amount $3,000.00. 3. Said bonds shall bear interest at the rate of seven per cent pei annum, payable semiannually it accordance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in substan- tially the following form: No. ........................................ Series No ............................. CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, the sum of five hundred dollars with interest thereon at the rate of seven per cent per annum, pay- able semiannually on the presenta- tion and surrender of the interest coupons hereto attached. Both prin- cipal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque un- der and by virtue of Chapter 396 of the 1966 Code of lowa, as amend- ed, and the Resolution of said City duly passed on the second div of November, 1970, being Resolution No. 355.70. This Bond is one of a series of sixty-one bonds all for $500.00 numbered from 1592 through 1652, all of like tenor and date, and is- sued for the purpose of providing for the payment of the assessed cost of the construction of the City of Dubuque 1969 Biluminous Concrete Surfacing Project No. I. as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1283 created by the collection of said special tax, and said fund can he used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law ,' Regular Session, November 2, 1070 483 and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this second day of November, 1970, Donald R. Meyers Mayor Leo F. Frommelt City Clerk (Form of Coupon) Onthe ................................ day of ............................... the City of Dubuque, Iowa, promises 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 .................... months' interest due that date on its ........................ BondNo . ............................................ dated.................................................... .................................. . Mayor .................................. City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed 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 de• liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund 1283 and paid out by him to pay the cost of said contract. 8. That the interest coupons at tacked to the bonds be signed with the facisimile signature of the Ma- yor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year af- ter the payment of interest due, the City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by re- gular United States mail address- ed to the last known address of the purchaser. Passed, adopted and approved this second day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved approval of the resolution. Second- ed by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. October 2, 1970 To the Honorable Mayor and City Council This is to advise you that the construction of Contract 11, Sec- tion II. Cedar Street Force Main and work incidental thereto in and for the City of Dubuque, Iowa, has been completed in accordance with plans, specifications and the contract by and between Sheesley Plumbing & Heating Company, Inc. of Mitchell, South Dakota and the City of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas --Mayor Meyers, Council - Merl Bitter, Couchman, Molden- hauer, Pregler. Nays—None. FINAL ESTIMATE RESOLUTION NO. 356.70 WHEREAS, the contract for the Construction of Contract 11, Sec- tion II, Cedar Street Force Main has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing 484 Regular Session, November 2, 1970 the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque. That the cost of said improve- ment is hereby determined to be $492,371.15. That none of the cost thereof shall be assessable upon private property and $329,888.67, shall be paid from the Storm Sewer Con- struction Fund of the City of Dubuque, and $162,482.48 shall be paid from the Federal Sewage Works Grant WPC -Iowa 338. Passed, adopted and approved this 2nd day of November 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas --Mayor Meyers, Council- men Bitter, Couchman, Molden hauer, Pregler. Nays—None. (A Resolution Accepting Improvement.) RESOLUTION NO. 357-70 WHEREAS, the contract for the Construction of Contract 1I, Sec- tion 11, Cedar Street Force Main has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized upon the above de• scribed improvement in amount equal to the amount of his con. tract, less any retained percentage provided for therein. Passed, adopted and approved this 2nd day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. October 7, 1970 To the Honorable Mayor and City Council This is to advise you that the construction of Contract I, Section I - Couler Valley Collector Scsers and work incidental thereto in and for the City of Dubuque, Iowa, has been completed in accordance with plans, specifications and the con- tract by and between Winona Plumbing Company, Inc. of Wi- nona, Minnesota and the City of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. FINAL ESTIMATE RESOLUTION NO. 358.70 WHEREAS, the contract for the construction of Contract 1, Sec- tion 1, Couler Valley Collector Sewer has been completed and the City Engineer has submitted hii final estimate showing the cost thereof including the cost of es- timates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, Regular Session, November 2, 1970 465 That the cost of said improve- ment is hereby determined to be $889.483.80. That none of the cost thereof shall be assessable upon private property and E595,954.15 shall be paid frim the Storm Sewer Con- struction Fund of the City of Dubuque, and $293.529.65 shall be paid from the Federal Sewage Works Grant WPC -lows 338. Passed, adopted and approved this 2nd day of November 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop tion of the resolution. Seconded by Mayor Meyers. Carried by the following vote. Yeas --Mayor Meyers. Council men Bitter, Couchman. Molden hauer, Bitter. Nays—None. (A Resolution Accepting Improvement.) RESOLUTION NO. 35970 WHEREAS, the contract for the construction of Contract 1, Section 1, Couler Valley Collector Sewer has been completed and the City Manager has examined the work and filed his certificate statin that the same has been completed according to the terms of the con tract, plans and specifications and recommends its acceptance, now therefore, BE 1T RESOLVED, by th-e Cite Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement he and the same is hereby accepted. BE IT FURTIIER RESOLVED, that the Citv Treasurer be and lie is hereby directed to pay to the contractor from the funds to be realized upon the above de- scribed improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved t this 2nd day of November, 1970 Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moidenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the follovdng vote: Yeas --Mayor Meyers. Council- men Bitter, Couchman, Molden. hauer. Pregler. Nays—None. Communication of Karl E. Just - mann submitting a condition of building report on the old car- riage house located at 1203 Grove Terrace, described as S.'ri of W. 25, of Lot 760 and the N% of W. 2Y of Lot 760 A. McDanieis Sub- division, and withdrawing any fur- ther consideration in restoring the same as previously indicated, pre• sented and read. Councilman Bit- ter moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Communication of Building Commissioner Bandy recommend- ing adoption of Resolution No. 318.70 relative to the condemna- tion and removal of the building located at 1203 Grove Terrace pre- sented and read. Councilman Preg- ler moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- men o- Bitter, Couchman, Molden- hauer, Pregler. Nays --None. Some discussion arose as to the excessive cost required to remove some of the dismantled bu dinas to be borne by the City, and if at least part of the cost couldti e acquired from the propQty othe er, other than j property. Councilman Pregler moved that the City Solicitor be instructed to 488 Regular Session, November 2, 1970 find out if there would be a meth- od of regaining funds from the pro- perty owners invested in the cost of dismantling buildings. Seconded by Councilman Moldenhauer. Car. ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 318-70 WHEREAS the City Manager has reported to the City Council that the buildings and premises located on the south one-half of W. 25 feet of lot 760, A. McDaniels Sub -division owned by Dora, Don ald and Lorin Fleege; and located on the north one-half of W. 25 feet of lot 760, A. McDaniels Sub. division owned by John and Agnes Weida; records in the Dubuque County Court House state that the structure is now owned by Du- buque County, City of Dubuque, Dubuque County, Iowa, are dan- gerous to life and health because of their condition and that de- mand has been made by him upon Dubuque County Board of Super- visors, 720 Central Avenue, Du- buque, Iowa; Dubuque County Treasurer, 720 Central Avenue, Dubuque, Iowa; Dubuque County Assessor, 720 Central Avenue, Dubuque, Iowa; Mr. Lorin C. Fleege, 2599 Mineral Street, Dubuque, Iowa; Mrs. Dora K. Fleege, Kahl Home, Davenport, Iowa; Mr. Donald Fleege, Rural Free Delivery, Galena, Illinois; John and Agnes Weida, 120;1 Grove Terrace, Dubuque, Iowa, as owners of said property that the condition complained of be corrected and that said owner has failed to correct the condi- tions within the time provided by the notice; and, WHEREAS on August 24, 1970. the City Council set said report down for hearing at 7:30 o'clock P.M. Central Daylight Time on September 21, 1970, in the City Council Chamber in the City Hall in the City of Dubuque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing: and, WHEREAS it appears by return of service now on file in the ree ords of the City Council that no tice of said hearing was given by serving by Registered Mail or August 26, 1970, and by publica- tion in the Telegraph -Herald news- paper on August 28, 1970, WHEREAS pursuant to said no- tice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Daylight Time on September 21, 1970, in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above described real estate were afforded an opportunity to be heard and witnesses concerningm the condition of the property and the hazard was heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the prem- ises and has reached its determina- tion. NOW. THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structures known as 1203 Grove Terrace and located on south one-haif of W. 25 feet of lot 760, A. McDaniels Sub- division, and located on north one-half of W. 25 feet of lot 760, A. McDaniels Sub -division in the City of Dubuque, Dubuque Coun- ty, Iowa, be and the same are here- by found and declared to be dan- gerous to life, health and proper- ty and a nuisance. Section 2. That the City Manager be and is hereby authorized and directed to cause the structure known as 1203 Grnve Terrace and located on south one-half of W. 25 25 feet of lot 760, A. McDaniels Sub -division, and located on north one-half of W. 25 feet of lot 760, A. McDaniels Sub -division in the Citv of Dubuque, Dubuque County, Iowa, to be dismantled and re- moved. Section 3. That upon completion of said work, the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section S. That the City Clerk be and is hereby directed to re- cord a certified copy of this Re- -7 Regular Session, November 2, 1970 487 solution in the office of the Coun- concerned, plans have been pre- ty Recorder of Dubuque County, pared for the erection and con - Iowa. struction of a Joint Law Enforce. Passed, adopted and approved ment Center that would solve the this 2nd day of November, 1970. problems of the County of Dubu- Donald R. Meyers que and the City of Dubuque, Iowa Mayor at a Maximum saving to the tax. Walter A. Pregler pavers of the County of Dubuque Wayne A. Moldenhauer and the City of Dubuque, State of Gaylord M. Couchman Iowa, and Joseph J. Bitter WHEREAS, it conclusively ap- Cnuncilmen pears and is demonstrated that the erection, construction and maintenance of the Joint County- Citv Law Enforcement Center is consistent with the concept of the Regional Jail Plan, NOW THEREFORE BE IT RR - SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa does, and hereby goes on record as over- whelmingly being in favor of the erection and construction and maintenance of a Joint County. City Law Enforcement Center as the erection and construction and maintenance of such a facility purpose. Section 2. The City Council of the city of Dubuque, Iowa does, and it hereby, goes formally on record of urging the citizens of the City of Dubuque. Iowa to vote YES on the proposition submitted to the electorate at the general election to be held on the 3rd day of November, 1970, and the City further urges all citizens to vote YES as to the County of Du buque proposition to issue bonds for such a facility. Passed, approved and adopted this 2nd d Dof November. 970 Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Phyllis Jones, request. ing annexation of Lot 104, Lot 103 and W. 7' of Lot 102 O'Neill's Riverview Sub, also resolution co- vering the proposed annexation, presented and read. Councilman Pregler moved that the petition and resolution be referred to the Planning & Zoning Commission. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 360-70 WHEREAS, the City of Dubu- que, Iowa and Dubuque County, Iowa have entered into a Joint County -City Law Enforcement Cen- ter Building Agreement, and which, among other things, covers the terms of the erection, construc- tion, maintenance and operation of a Joint Law Enforcement Cen- ter, and WHEREAS, the present County Jail has been condemned, as un- fit for human occupancy, and WHEREAS, the ('ounty of Dubu- Attest: que is required and compelled to Lo F ,ommelt e house, transmit and transport pri City Clerk soners to adjoining counties at a Councilman Moldenhauer move tremendous cost and inconvenience the to the Sheriff's department of the adopttonCounc'lman resolution. uPreglereCCar County of Dubuque, as well as a ed by following vote: tremendous cost to the taxpayers Tithe ed by Mayor Meyers, Council - of the County of Dubuque, Iowa, Yeas — Couchman, Molden- and men Bitter, WHEREAS, after considerable hauer, Pregler. work and effort by all pa rties Nays — None. Regular Session, November 2, 1970 RESOLUTION NO. 361-70 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT John F. Glynn, 760 East 16th St. Marcella McCarty, 2093 Washing- ton St. American Veterans of WW 2 and Korea Post #3, 36 West 4th St. Clara L. Johnson, 1543 Central Avenue Russell E. Myers, 1618 Central Avenue Richard T. Hillard, Prince & East 22nd St. John J. Glynn, 431 Rhomberg Ave. Beecher Co., Inc., 2399 White St. Gerald L. Robinson, 8th & Main St. CLASS "C" BEER PERMIT Nabors of Iowa, 1920 Elm St. Florence E. Chalder, 113 Main St. The Great Atlantic & Pacific Tea Co., 1101 Central Ave. Nash Finch Company, J. F. Ken- nedy Road Osco Drugs, 703 Main St. Passed, adopted and approved this 2nd day of November, 1970, Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION No. 362-70 WHEREAS, applications f or Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, 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 bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT John F. Glynn, 760 Fast 16th Street. Marcella McCarty, 2093 Washing- ton Street. American Veterans of WW2 and Korea Post #3, 36 West 4th Street. Clara L. Johnson, 1543 Central Avenue. Russell E. Myers, 1618 Central Avenue. Richard T. Hillard, Prince & East 22nd Street. John J. Glynn, 431 Rhomberg Ave- nue. Beecher Co., Inc., 2399 White Street. Gerald L. Robinson, 8th & Main Street. CLASS "C" BEER PERMIT Nabors of Iowa, 1920 Elm Street. Florence E. Chalder, 113 Main Street. The Great Atlantic & Pacific Tea Co., 1101 Central Avenue. Nash Finch Company, J.F. Ken- nedy Road. Osco Drugs, 703 Main Street. BE IT FURTHER RESOLVED that the bands filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 2nd day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilman Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. +L _'V Regular Session, November 2, WO 489 RESOLUTION NO. 363.70 WHEREAS, applications for Liq- uor permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT—CHAPTER 123—as amend. ed by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT John F. Glynn, 760 East 16th St. Karl Henry Oleson. 1701 Asbury St. Clara Lillian Johnson, 1543 Cen• tral Avenue Frank .1. & Phyllis Licciardi, 504 Bluff St. John J. Glynn, 431 Rhomberg Ave - nuc Richard T. Hillard, Prince & East 22nd St. Gerald L. Robinson, 8th & Main St. Passed, adopted and approved this 2nd day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop. tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas -- Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 36470 WHEREAS, applications for Liquor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the pl•emises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE RE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT John F. Glynn, 760 East 16th St. Karl Henry Oleson, 1701 Asbury St. Clara Lillian Johnson, 1543 Cen- tral Avenue Frank J. & Phyllis Licciardi, 504 Bluff St. lohn J. Glynn, 431 Rhomberg Ave. Richard T. Hillard. Prince & East 22nd St. Gerald L. Robinson, 8th & Main St. Passed, adopted and approved this 2nd day of November, 1970. Donald R. Meyers '.Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays--None- Mayor Meyers recommended the following appointments: Mr. Do- nald E. Sanders to Planning & Zoning Commis,ifn to fill t Gavin he un- expired term to May 24, 1972; Malachi Duncan Jr. to the Human Rights Commission to fill the unexpired term of PaF. ul Gisch to .January 1. Schreiber to the Dock Board for a :; year appointment term toNo, vember 26, 1973• Donald H. Ehlers reappointed to Board of Electrical Examiners for a five eardtHinEh to December 31, 1975; lers reappointed to Electrical Board of Appeal for a five year term to December 31, 1975. ved Councilman tile nts Se approval of tile. app 490 Regular Session, November 2, 1970 conded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. There being no further business upon motion the meeting adjourn- ed. Leo F. Frommelt City Clerk Approved January January 18 1971 Adopted January 18 1971 Special Session, November 4, 1970 491 CITY COUNCIL OFFICIAL Special Session, November 4, 1970. Council met at 5:00 P.M. Cen- tral Standard Time. Present — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. City Manager Gilbert D. Chaveneile. Absent — Councilman Bitter. Mayor Meyers read the call and been duly made and this meeting is called for the purpose of CAN- VASSING AND DECLARING THE RESULTS OF A SPECIAL ELEC- TION ON A JOINT COUNTY - CITY LAW ENFORCEMENT CEN- TER Bun.DING BOND PROPOSI- TION, and actino upon such other business as may properly come before a regular meeting of the City Council. Petition of Mrs. Kendrick G. Williams requesting installation of a street light at Kelly Lane and Pego Court, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Se- conded by Councilman Couchman. Carried by the following vote: Yeas - - Mavor Meyers, Council. men Couchman. Moldenhauer, Pre. gler. Nays — None. Absent -- Councilman Bitter. Petition of Key City Investment Co. requesting permission to exca- vate on Kennedy Road, presented and read. Councilman Pregler moved that the petition be aP- proved subject to approval of the Engineering Department. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council. men Couchman. Moldenhauer, Pregler. Nays — None. Petition of Lawrence llefel et al requesling vacation of a portion of National Street that lies be- tween Keokuk Street and Burling- ton Street, presented and read. Councilman Pregler moved that the Petition be referred to the Plan. t ning & Zoning Commission for in- vestigation and report. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Couchman, Moldenhauer, Pregler. Nays — None. Absent — Councilman Bitter. October 30, 1970 lion. Mayor and City Council Action was filed in the Dubuque County District Court wherein Do- rothy K. Freeman was plaintiff and naming the Tri-State Convales- cent Center, Inc. and City of Du- buque, defendants, and claiming therefrom damages in the amount of $5,000.00 for injuries allegedly suffered by plaintiff on February 22, 1969 and that this office has made an investigation of this nat. ter and that claim has been assert. ed against the contractor doing the work abutting sidewalk area at or near Birch Street and Fenelon Place. Offer of settlement has been made and the City's contribution for settlement is in the amount of $100.00. It is the recommendation of the City Attorney that said offer of settlement should be accepted and that the City Auditor be instructed to draw a warrant payable to Do- rothy K. Freeman in the amount of $100.00 for delivery upon re- ceipt of Dismissal of said action. Original notice with petition is en- olosed herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Pregler. s'arried by the following vote: Yeas — Mayor Meyers, Council- rnen Couchman, Moldenhauer. Pregler. Nays — None. Absent — Councilman Bitter. October 30, 1970 lion. Mayor and City Council On March 20, 1970, William A. Conzet Du- buque, of Iowa 3,filed Pierce33 Street, claimaga against the City of Dubuque for damages allegedly suffered on March 7, 1970 as the result of a back up of sewer. 492 Special Session, November 4, 1970 This matter was referred to the appropriate City Agency who made an investigation thereof and reported by letter to the office of no liability and in view of the foregoing it is the recommendation of the City Attorney that the claim of William A. Gonzett be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the fol!owing vote: Yeas — Mayor Meyers, Council- men Couchman, Moldenhauer, Pregler. Nays — None. Absent — Councilman Bitter. October 30, 1970 Hon. Mayor & City Council On March 23, 1970, Delbert. G. Miller of 2512 Pennsylvania Ave- nue, this city, fileed claim against the City of Dubuque, Iowa for da- mages allegedly suffered on March 7, 1970 as the result of a back up of sewer at 1933 Pierce Street, Du- buque, Iowa, same being property owned by claimant. This matter was referred to the appropriate City Agency who made an investigation thereof and reported by letter to this of- fice of no liability and in view of the foregoing it is the recommen- dation of the City Attorney that the claim of Delbert G. Miller be denied. Original claim is attached here- to Respectfully submitted, R. N. Russo City Attorney Councilman Moldenhauer moved approval of the re coin mendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Couchman, Moldenhauer, Pregler. Nays — None. Ab,cnt — Councilman Bitter. Notice of claim of Harry .1. Be- mis, in the amount of $171.60, for damage incurred as the result of a car accident on August 25, 1970, presented and read. Mayor Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas — Mayor Meyers, Council men Couchman, Moldenhauer, Pregler. Nays — None. Absent — Councilman Bitter. Notice of claim of David M. Schmitt of 1726 Sharon Drive, in the amount of $773.22 for property damag-e incurred as the result of a backed -up sanitary sewer on Ot- tober 4. 1970, presented and read. Mayor Meyers moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Couchman, Moldenhauer, Pregler. Nays — None. Absent — Councilman Bitter. Proof of Publication of Mayors Proclamation of Notice of Special Election on the issuance of bonds in the amount of $300,000, present- ed and read. Councilman Pre(!ler moved that the proof of publica- ti•)n be rcc^ived and filed. Second- ed by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Couchman, Moldenhauer, Pregler. Nays — None. Absent — Councilman Bitter. RESOLUTION NO. 365.70 RESOLUTION canvassing and de- claring the results of a special elec- tion on a Joint County -City Law Enforcement Center Building bond proposition. WHEREAS this City Council did heretofore, at a duly convened meeting held on the 5th day of October, 1970, call a special elec- tion to be held in and for the City of Dubuque, Iowa, on Novem- ber 3, 1970, and ordered that there be submitted to the qualifi- ed electors of said City at said election the following! proposition Shall the City of Dubuque, Iowa, issue bonds in the sum of $300,000 to pay its portion of the cost of constructing and equipping a building to be joint- -.01 VP Special Session, November 4, 1970 493 ly acquired, constructed, equip- ped, used and occupied by Dubu• que County, Iowa, and by the City of Dubuque, Iowa, for coun- ty and city law enforcement purposes? WHEREAS the election on said proposition was duly and legally held and the returns thereof have been certified and filed with this City Council and duly canvassed; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque. Iowa, as follows: Section 1. That it is hereby found, determined and declared that the election on the proposi. tion referred to in the preamble hereof was unfavorable thereto: that the total number of affirma tive votes on said proposition at said election was not equal to or more than sixty per cent (60%) of the total number of votes cast for and against said proposition at said election. and said proposition is hereby declared not carried. Section 2. That a record of the votes cast by precincts on said proposition is hereby made as follows: Defec- Precincts "Yes" "No" tive First 827 497 0 Second 837 480 0 Third 298 167 10 Fourth 253 130 0 Fifth 473 223 0 Sixth 806 525 0 Seventh 139 64 0 Eighth 326 194 0 Ninth 271 184 0 Tenth 505 287 0 Eleventh 685 509 0 Twelfth 273 201 0 Thirteenth 489 504 0 Fourteenth 587 430 0 Fifteenth 537 420 0 Sixteenth 1166 897 0 Seventeenth 560 352 0 Section 3. That a record of the aggregate votes cast on said pro- position is hereby made as follows: For Against Spoiled 9032 6154 10 Section 4. That all resolutions and orders or parts thereof, in so for as came may be in :oomifliet herewith, are hereby repealed and this resolution shall become effec. tive immediately. t Passed and approved November 4, 1970, Donald R. Meyers Mayor Attest: Leo F. Frommelt City Clerk Recorded November 4, 1970. Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote; Yeas — Mayor Meyers, Council- men Couchman, Moldenhauer, Pregler. Nays — None. Absent — Councilman Bitter. RESOLUTION NO. 366.70. WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and license be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT John Henry. 1646 Asbury Street Ronald L. Blakeman, 1902 Central Avenue Passed adopted and approved this 4th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second ed by Mayor Meyers. Carried by the following Council Yeas — Mayor Meyers, men Couchman, Moldenhauer, Pregler. Nays — None. Absent — Councilman Bitter. RESOLUTION NO. 367.70 WHF.RF.AS, applications f o r Beer Permits were filed by the within named applicants and they 494 Special Session, November 4, 1970 have received the approval of this Council; and WHEREAS, 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 bonds: NOW THEREFORE BE IT RE SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT John Henry, 1646 Asbury Street Ronald L. Blakeman, 1902 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 4th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Councilmen Attest- Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- conded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men C o u c h m a n, Moldenhauer. Pregler. Nays—None. Absent—Councilman Bitter. RESOLUTION NO. 368-70 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE SOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the terms of the IOWA LIQ- UOR CONTROL ACT—CHAPTER 123—as amended by the 60th Gen- eral Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT John Henry, 1646 Asbury Street Ronald L. Blakeman, 1902 Central Avenue Passed, adopted and approved this 4th day of November, 1970, Walter A. Donald R. Meyers Wayne A. Mayor Gaylord M. Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Couchman, Moldenhauer, Pregler. Nays—None. Absent --Councilman Bitter. RESOLUTION NO. 369-70 WHEREAS, applications for Liq- uor permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor Permit. GLASS "C" COMMERCIAL ESTABLISHMENT John Henry, 1646 Asbury Street Ronald L. Blakeman, 1902 Central Avenue Passed, adopted and approved this 4th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men C o u c h m a n, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. t VP Special Session, November 4, 1970 495 Communciation of City Solici. tor R. N. Russo submitting a re• port on the investigation of the Theodore R. Ellsworth case that the conduct of the officers, was so far below the minimum stan- dards of police, work that inquiry should be made to determine the reason for the preferential treat- ment given this subject and ap- propriate action to prevent the recurrence of such practices and further that action on this matter has not been taken prior hereto by reason of factors beyond the direct control of his office, pre- sented and read. Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the follow'ino vote: Yeas—Mayor Meyers. Council. men C o u c h m a n, Moldenhauer, Pregler. Nays—None. Absent --Councilman Bitter. ORDINANCE NO. 58.70 An Ordinance authori:inq Con- stance Supple and Mildred Brady to construct an electrical out- door lamp at 1270 West 5th Street, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Meyers, Council- men C o u c h m a n, Moldenhauer. Pregler. Nays—None. Absent—Councilman Bitter. Councilman Couchman moved that the rule requiring an Ordi nance to be read on three separate days be waived. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Co u c h m a n, Moldenhauer, Pregler. Nays—None. Absent -_ Councilman Bitter. ORDINANCE NO. 50.70 AN ORDINANCE AUTHORIZING Con- stance Supple and Mildred Brady TO CONSTRUCT AN ELECTRICAL. OUT- DOOR LAMP AT 1270 WEST 5th STREET. BE iT ORDAINED BY THE CITY COUNCIL. OF THE CM OF DU- BUQUE, IOWA: Section 1 That Constance Supple and Mildred Brady As owners of the {premises known as Lot 2 of Sub. of Lot 8 S. M. Langworthy's Addn. In the City of Dubuque be, and they are hereby granted the revocable license and authority in construct and main. taro an outdoor electrical lamp M. der the terms and conditions set forth In this Ordinance. Section 2. That such construction shall be done in accordance with plana heretofore submitted by ner. mittees and approved by City Man. ager, under the supervision and direc• tion of the City Manager, and in accordance with all applicable state and federal laws and regulations, and thr Ordinances of the ( it) of Lpu- unue. Section 3. That the permission herein granted to expressly condi. tioned on permittees agreement to: ai Assume any and all liability for damages to persons or property which may result from the ex. istence, construction or mainte- nance of said outdoor electrical lamp. b, To pay on behalf of the City of Dubuque all sums which the Cityy of Dubuque shall become oblfgaD vA to i,.,. by rc­,c,;e w the p,a- bilit-v imposer] upon the City of Dubuque for damages of any kind resulting from the existence con- striction or maintenance of said outdoor electrical lamp, sustained by any person or persons, caused by accident or otherwise, to de- fend at its own expense and on behalf of said City any claim against the City of Dubuque aris- ing out of the existence, construc- tion or maintenance of said out- door electrical lamp. ci To indemnify and hold City of Dubuque free and harmless from any and all claims, loss, liability and expense for injuries to third persons or damages to property of third persons, or for damage to any property of City of Du- buque which may occur as a re- sult of or in connection with the construction, maintenance and re. pair of the facility, work or Im. provement permitted herein. Section 4. That the permission herein granted is expressly condi* honed u1pon permittees further agree- ment that should the right and privilege herein granted be rescinded or ntvoked by the City Councll, per- mittees, or their successors in in- terest, as property, shall ca r within s of tbtthirty abutting from the rcityCell'latof nager Wsotten to do,ce floor electricaown l ense remove d lamp and In the event of their failure so to do, the City of Dubuque shall be authorized to re- move said outdoor electrical lawn, at permittees expense and dispose of the same, and the permittees sha'l have no claim against the Cggity or its agents l of swig outdoors electricalfrom t lampemuv- seetion 5. This Ordinance shall be- come effective and the rights accrueder here - le and Mild ed Brady when ttthisce S Ordinance has been adopted by the City Council and the terms and conditions thereof cndor d on thismittees Ordinance,acceptance passed, adopted and aaproved this 41 it day of November, A.U., 1870. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gs lord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk 496 Special Session, November 4, 1970 ACCEPTANCE OF bb la RDINANCE No,The undereigncd having read and be- ing familiar with the terms and con ditiona of Ordinance No. 58.70 hereby, fur themselves, their suCCcpsors or L9- pigm, as own ers ert, ccept the samehabutting andagree to be bouynd by the conditions and agree- ments therein contained to be per- formed by permittees. Dated November 4, 1970. By Constance Supple & Mildred Brady Property Owners Published officially in the Telegraph - Herald Newspaper this 26th day of No- vember 1970. Leo F. Frommelt City Clerk it. 11.20 Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the follow•im, vote: Yeas — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. There being no further business Mayor Meyers moved to adjourn. Seconded by Councilman Couch man. Carried by the following vote: Yeas—Mayor Meyers, Council- men C o u c It m a n, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Leo F. Fi ommelt City Clerk Approved Jr...1 H4 y 18 197 1 I ... 1 197..1 I ............. ncilmen .. .. ......................................... I ...... City Clerk 7 Special Session, November 11, 1970 497 (ITY (OUNCIL! (OFFICIAL) Special session, November 11, I 1970. Council met at 7:45 P.M. (C.S.T.) Present — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- aver, Pregler. City Manager Gil- bert D. Chavenelle. The meeting was called by the Mayor and Council and was con- ducted in the City Manager's Of- fice because the regular Council Chamber was occupied by the Advisory Commission holding a regularly scheduled meeting. The purpose of the meeting was a call for discussion of a letter submitted by the City Solicitor dealing in personalities. At 7:45 P.M. Mayor Meyers moved for a closed session for reasons compelling to override a general policy of a public meeting. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- auer, Pregler. Nays — None. The Council reconvened in regu. lar session at 11:45 p.m. upon motion by Councilman Pregler. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- auer, Pregler. Nays — None. In discussing the subject matter of Mr. Russo and Chief O'Brien the City Council has come to this conclusion. 1. The Council believes that the timing and the manner of then presentation of the Solicilga letter were most unfortunate. We regret the public exposure of the letter prematurely to Council consideration and we de- plore the fact and interdepart- mental charges were publicly exposed. We believe that good City Government requires a good working relationship be- tween departments and in this instance the best interest of the Police Department the office of the Solicitor and the City will now be best served by solid working relationships between the two divisions and we antici. pate this result. 2. The overall public interest is best served by not re -hearing the charges and counter charges therefore no just good can come from further pursuit of the matter, 3. This Council must insist that all City employees follow clearly indicated official administrative channels in the discharge of their official responsibilities. Councilman Pregler moved that the statement be accepted as the statement of the City Council and a copy be given to Mr. Russo, Mr. O'Brien, and the news media and this be made a matter of public record. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. auer, Pregler. Nays — None. There being no further business Councilman Pregler moved to ad. journ. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. auer, Pregler. Nays — None. Leo F. Frommelt City Clerk :approved.Jano.0.... !R 197..1 Adopte(Y anuary 18 197 ..1 Cierk 498 Special Session, November 16, 1970 CITY COUNCIL OFFICIAL Special session, November 16, 1970. Council met at 7:30 P.M. (C.S.TJ Present — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- auer, Pregler. City Manager Gil- bert D. Chavenelle. Mayor Meyers read the call and stated that service ther^of had been duly made and this meeting is called for the purpose to con- sider APPLICATION FOR STATE AND FEDERAL ASSISTANCE, PHASE 2, SEWAGE PLANT CON- STRUCTION and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Dubuque Ad- visory Commission submitting a resolution urging the Council to adopt an Ordinance which would allow the City to demand that a land developer set aside ten per- cent of land or cash equivalent for park & recreational purposes, pre- sented and read. Councilman Moldenhauer moved that the communication be refer- red to the Planning & Zoning Com- mission and if they forsee some delay about February then they should bring in an ordinance that would affect new development. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- auer, Pregler. Nays — None. Communication of State Depart- ment of Health isuing a permit No. 70-273-5 for disposal of wastes and approval of plans and specifica- tions for construction of Lift Sta- tion and Force Main "Hamilton Glen" Apartment Complex, pre- sented and read. Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden- auer, Pregler. Nays — None. Communication of Dubuque Code Committee recommending that the 1965 Fire Prevention Code dated February 1968 be amended to the new 1970 Fire Prevention Code, presented and read. Mayor Meyers moved that the communi- cation be referred to the City Soli. citor. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- auer, Pregler. Nays — None. To the Honorable Mayor and City Council I herewith submit the reports of the City Auditor and City Treasur. er, as well as a list of Claims, for the month of October 1970. Respectfully, Gilbert D. Chavanelle City Manager Councilman Moldenhauer moved that the reports be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. auer, Pregler. Nays — None. Communication of Low Rent Housing Commission submitting minutes of their meeting of Nov- ember 10, 1970 and requesting Council attendance at their work- shop meeting scheduled for Nov- ember 18th, presented and read, Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- nuer, Pregler. Nays — None. Notice of Claim of Bernard J. Shireman in an estimated amount from $65 to $100. for car damage incurred as the result of being struck by a city vehicle while mak• ing a delivery of rubbish to the City Landifll on October 24, 1970. Councilman Couchman moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- auer, Pregler. Nays — None. Special Session, November 16, 1970 499 Notice of Claim of Mrs. John Maureen Schultz, in an undeter- mined amount, for personal inju- ries received in a fall in the cross. walk at the intersection of Main and Eleventh Street on October 12, 1970, presented and read. Councilman Couchman moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas -- Mayor Meyers, Council. men Bitter, Couchman, Molden- auer, Pregler. Nays — None. Notice of Suit of Alberta Kun- kel in the amount of $25,000 for personal injuries received in a fall on 16th Street between Jack- son and Washington Streets on November 24, 1970, presented and read. Councilman Couchman moved that the notice of suit be referred to the City Solicitor for investi- gation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- auer, Pregler. Nays — None. Petition of Philip T. Langas re- questing rezoning of Phil's Pizza and Chicken But at 1105 Loras Blvd. from Class A to Class B presented and read. Councilman Moldenhauer moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- aer, Pregler. Nays — None. Petition of Daniel D. Boge re- questing a refund of $50, on the unexpired portion of cigarette lic- ense No. 196, as he has discon- tinued business on August 1, 1970, presented and read. Mayor Meyers moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Couch- man. Carried by the followiX19 t vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- auer, Pregler. Nays — None. Petition of Donald Plumber re- quested a refund of $50. on the unexpired portion of cigarette lic- ense No. 249, as he has discon- tinued business on October 15, 1970, presented and read. Mayor Meyers moved that, the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Couch- man. Carried by the following vote: Yeas -- Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of John B. Burgmaier requesting a refund of $50, on the unexpired portion of cigarette lic- ense No. 77, as he has discontinu- ed business on November 5, 1970, presented and read. Mayor Meyers moved that the refund be granted and the Audi- tor instructed to issue proper war- rant. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. November 5, 1970 Honorable Mayor and Council Members The City Planning and Zoning commission has reviewed a pro- posal to voluntarily annex property owned by the Mississippi Valley Milk Producers Association. This property is located on both sides of Rockdale Road and south of an extension of Southern Avenue. This property is described as that portion of Lot 2 of the Subdivision of Lot 1 of Lot 2 of Lot 1 of re. subdivision of part of Shipton Addition, Dubuque County, Iowa, which lies north of the county road described in Book of Lands, book 48, page 263 and 264, Lot 2 of Lot 3 of resubdivision of part of Shipton Addition, Dubuque Coun- ty, Iowa, Lot 2 of Lot 6 of the re- subdivision of part of Shipton Ad- dition, Dubuque County, Iowa and Lot 2 of Lot 1 of Lot 6 of the re- 500 Special Session, November 16, 1970 subdivision of part of Shipton Ad- dition, Dubuque County, Iowa. The Commission found that the property in question is contiguous to the City Limits and that it is a part of the lower Catfish Creek area which is proposed to be an. nexed to the City in the annexa- tion program in the Dubuque De- velopment Program. It is the recommendation of the Planning and Zoning Commission that this annexation be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved ap- proval of the annexation. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, PreglPr. Nays — None. RESOLUTION No. 370.70 A Resolution Annexing Certain Territory to the City of Du- buque, Iowa. WHEREAS, Mississippi Valley Milk Producers Association is the owner of the following described real estate respectively, to wit: that portion of Lot 2 of the Subdivision of Lot 1 of Lot 2 of Lot 1 of resubdivi- sion of part of Shipton Addition, Dubuque County, Iowa, which lies north of the county road described in Book of Lands, book 48, pages 263 and 284, Lot 2 of Lot 3 of resubdivision of part of Shipton Addition, Du- buque County, Iowa, Lot 2 of Lot 6 of the resubdivision of part of Shipton Addition, Du- buque County, Iowa and Lot 2 of Lot 1 of Lot 6 of the resub- division of part of Shipton Ad- dition, Dubuque County, Iowa. WHEREAS, said owners of the bereinabove described territory have made written application to the City Council of Dubuque, Iowa to annex the hereinabove described territory to the City of Dubuque, Iowa; and WHEREAS, said territory and the inhabitants thereof will be en- abled to secure the benefits of City Government if said territory is incorporated within the City Limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30 of the 1966 Code of Iowa authorizes the extension of City Limits in situa. tions of this kind by adoption of a Resolution therefor. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Saction 1. That the territorial limits of the City of Dubuque. Iowa are hereby extended by an- nexing to the City of Dubuque, Iowa, the following described ter- ritory: that portion of Lot 2 of the Subdivision of Lot 1 of Lot 2 of Lot 1 of resub- division of part of Shipton Ad- dition, Dubuque County, Iowa, which lies north of the county road described in Book of Lands, book 48, pages 263 and 264, Lot 2 of Lot 3 of resubdivision of part of Shipton Addition, Du- buque County, Iowa, Lot 2 of Lot 6 of the resubdivision of part of Shipton Addition, Dubuque County, Iowa, and Lot 2 of Lot 1 of Lot 6 of the resubdivision of Part of Shipton Addition, Dubuque County, Iowa. Section 2. That the City Clerk be and he is hereby directed to file in the office of the Dubuque Coun- ty Recorder a certified copy of this Resolution. Passed, adopted and approved this 16th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Secon- ded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. =A .7 Special Session, November 16, 1970 501 November 2, 1970 To the Honorable Mayor and City Council This is to advise you that the 1969 Traffic Signal Project No. 1, which included Traffic Signals at the intersections of Dodge Street and Bryant Street; Loras Avenue and Grandview Avenue; and John F, Kennedy Road and Pennsylvania Avenue, has been completed in ac- cordance with plans and specifica- tions by Tschiggirie Excavating of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. Final Estimate RESOLUTION No. 371-70 WHEREAS, the contract for the 1969 Traffic Signal Project No. I at intersections of: Dodge Street & Bryant Street, Loras Ave- nue & Grandview Avenue, John F. Kennedy Road & Pennsylvania Avenue has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti. mates, notices, inspection, and pre- parintt the assessment and plat. now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $19,871.83. That None of the cost thereof shall be assessable upon private property and $19,871.83 shall be paid from the utilities and street Fund of the City of Dubuque. Passed, adopted and approved this 16th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk -0& Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Mevers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. (A Resolution Accepting Improvement.) RESOLUTION No. 372.70 WHEREAS, the contract for the Construction of the 1969 Traffic Signal Project No. 1 at inter. sections of: Dodge Street & Bryant Street, Loras Avenue & Grandview Avenue, John F. Kennedy Road & Pennsylvania Avenue has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and re- commends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized in am,)unt equal to thy: amount of his contract les; any re- tained percentage provided for therein. Passed, adopted and approved this 16th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden hauer, Pregler. Nays — None. 502 Special Session, November 16, 1970 RESOLUTION No. 373-70 Authorizing the Execution and Delivery of Deed to graham's Style Store for Men, Inc. for Sale of Land in the Downtown Urban Renewal Project, Iowa RAS. WHEREAS, under date of No- vember 12, 1970, the City of Du- buque and Graham's Style Store For Men, Inc. entered into a Con- tract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private redevelop- ment by Graham's Style Store For Men, Inc. WHEREAS, Graham's Style Store For Men, Inc. have complied with the conditions of said Contract, and have requested that the City of Dubuque execute and deliver to them a Deed for the land described hereinbelow; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to Graham's Style Store For Men, Inc. for the sale of Disposition Parcel No. 7 of Block No. 7 in the Down. town Urban Renewal Project, Iowa R-15, legally described as Block 10 in Dubuque Downtown Plaza in the City of Dubuque, Iowa containing 7,958.72 square feet, more or less. Section 2. That the Director of the Department of Urban Renewal is hereby authorized and directed to deliver said Deed to Graham's Style Store For Men, Inc. upon re- ceipt of the purchase price of $35,- 257.13 on the basis of $4.43 per square foot for 7,958.72 square feet. Passed, approved and adopted this 16th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas -- Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Councilman Pregler commented on the extremely hazardous traffic problem at the intersection of Ken- nedy Road & Wacker Drive. The Council was informed by the Man- ager that it has resolved itself as an Equipment and Easement prob- lem. Councilman Pregler moved that the problem be referred to the City Manager for further investigation and report. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. November 12, 1970 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1970 Bituminous Concrete Paving Project No. 1 has been completed in accordance with the City of Dubuque plans and specifications. 1, therefore, recommend the ac- ceptance of the above named project. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas -- Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Final Estimate RESOLUTION No. 374.70 WHEREAS, the contract for the City of Dubuque 1970 Bituminous Concrete Paving Project No. 1 has been completed and the City En- gineer has submitted his final es- timate showing the cost thereof in- cluding the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, 4 7 Special Session, November 1.6, 1970 503 That the cost of said improve- ment is hereby determined to be $64,02610. That $20,081.35 of the cost there- of shall be assessable upon private property and $43,944.75 shall be paid from the Road Use Tax Fund: $38.371.47 and Park Improvement Fund: $5,573.28 of the City of Du- buque. Passed, adopted and approved this 16th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pressler moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays -- None. (A Resolution Accepting Improvement and Directing the Clerk to Publish Notice) RESOLUTION No. 375.70 WHEREAS, the contract for the City of Dubuque 1970 Bituminous Concrete Pavine Project No. 1. 1. EAGLE POINT PARK—Road. way 325' Extension. 2. FENELON PLACE — from the E.P.L. of Burch Strcet to the E.P.L. of Raymond Place. 3. KANE STREET — from the W.P.L. of Carter Road west to the end of the street. 4. KEY CORNERS — from the W.P.L. of Sharon Drive to the E.P.L. of Richie Drive. 5. KEYMONT DRIVE --from the E.P.L. of Key Knolls Subdivision to the W.P.L. of Key Knolls Sub- division. 6. KEY WAY—from the N.P.L. of Pennsylvania Avenue to the N.P.L. of Lot 6 Block "A" of Key Knolls Subdivision. 7, I.EA LANE. — from the N.P.L. of Pennsylvania Avenue to the S P.I., of Key Corners. 8. RICHIE DRIVE — from the N.P.L. of Pennsylvania Avenue tc the S.P.L. of Key Corners. 9. SHARON DRIVE — from the Cq N.P.L. of Pennsylvania Avenue to the S.P.L. of Key Corners. 10. VETERANS PARK ROAD from W.P.L. of Balboa into Veter- ans Park. 11. VIZALEEA DRIVE — from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Keymont. Drive. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of. Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the came in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer, be and he is hereby directed to pav to the contractor from the funds to be realized from the sale of Street Improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 16th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman C man Carried by the following vote Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- ha11er, Pregler. Nays — None. 504 Special Session, November 16, 1970 RESOULTION NO. 376.70 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that, the following having complied with the provisions of law relating to the sale of Cigaret- tes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Clarke College, 1550 Clarke Drive Gerald L. Robinson, 8th & Main Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 16th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Secondel by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays -- None. RESOLUTION NO. 377.70 WHEREAS, applications for Beer Permits bave been submitted to this Council for approval and the same have been examined, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and license be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Raphael William Grant, 3050 As- bury Street Cosimo's, Inc., 1125 Main Street CLASS '-C" BEER PERMIT Lil Giant Food Store, 1100 Rhom- berg, Avenue Passed, adopted and approved this 16th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest I.eo F. Frommelt City Clerk Councilman Bitter moved adop. tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 378.70 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun• e 1, and WHEREAS, 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 bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. Class "B" Beer Permit Rtiphael William Grant, 3050 As- bury Street Costmo's, Inc., 1125 Main Street Class "C" Beer Permit Lil' Giant Food Store, 1100 Rhom- berg Avenue BE IT FURTHER RESOLVED that the bonds filed by such aplli- cants be and the same are hereby pproved. Passed, adopted and approved this 16th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Special Session, November 16, 1970 505 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 379.70 WHEREAS. applications fuer I.iq- nor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE rT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA L.,IQUOR CONTROL ACT — CHAPTER 123 — as amended by the 60th General Assembly, 1963. Class "C" Commercial Establishment Doris Tigges, 2776 Jackson Street Raphael William Grant, 3050 As- bury Street Passed, adopted and approved this 16th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Lco F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 380.70 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHL:REAS, the premises to be occupied by such applicants were t inspected and found to comply with the Stale Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants :c Liquor Permit. Class "C" Commercial Establishment Doris Tigges, 2776 Jackson Street Raphael William Grant, 3050 As. bury Street Passed, adopted and approved this 16th day of November, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter. Couchman, Molden. hauer, Pregler. Nays — None. November 13, 1970 lb the Honorable Mayor and City Council A resolution is being presented for your cansideration which would authorize the city manager to ap- ply for a federal grant for the second construction phase of the sewa`te treatment plant. This construction is estimated to be $4.558,000. It would be sched- uled for completion by mid -1973. The application for grant funds also involves state assistance. The financial plan being applied for is: Phase 11 Construction Expense: $4,551.000; Federal Assistance, 55% $2.506,900; State Assistance, L5% $1,139,000; Local Contribu- tion: $911,600. Representatives of Henningson, len-Sc Durham and Also Assoardson ciates c will`ul- be len-Sc 506 Special Session, November 16, 1970 present at council meeting to pre- sent the plan details. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. S^conded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Mr. Robert Raines and Paul Om- bruni, John Kilby, Kenneth Cullen, representatives of Henningsen, Durham & Richardson - Cullen Schiltz Associates, engineers and designers presented the Council with a detailed explanation, by graphs and written reports, of Water Pollution Control Improve- ments Phase II. Resolution of Governing Body of Applicant RESOLUTION No. 381.70 Resolution authorizing; filing of application with the Federal Water Quality Administration, Depart- ment of Interior, United States of America, for a Grant under the Water Pollution Control Act, (33 U.S.C. 466 et seq.) WI-IEREAS, under the terms of the Water Pollution Control Act, (33 U.S.C. 466 et seq.) the United States of America has authorized the making of Grants to authorized applicants to aid in the construc- tion of specific public project: NOW THEREFORE, Be it re. solved by City Council, City of Du. buque, Iowa I. That City Manager Gilbert D. Chavenelle be and he is hereby authorized to execute and file an application on behalf of City of Du- buque, Iowa with the Federal Water Quality Administration, United States Government, for a grant to aid in the construction of Water Pollution Control Facilities — Phase H — Dubuque, Iowa. 2. That Gilbert. D. Chavenelle, City Manager be and he is hereby authorized and directed to furnish such information as the Federal Water Quality Administration may reasonably request in connection with the application which is here. in authorized to be filed, and sign all necessary documents. CERTIFICATE OF RECORDING OFFICER 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 copv of the reso. lution authorizing the filing of application with the Federal Water Quality Administration, as regu. larly adopted at a legally convened meeting of the City Council, City of Dubuque, Iowa duly held on the 16th day of November, 1970; and further that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 16th day rf November, 1970. Leo F. Frommelt City Clerk, City of Dubuque, Iowa Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Councilman Pregler moved that the City Solicitor be authorized and instructed to start proceedings for County -City Law Enforcement Center for the month of May 1971. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. There being no further business Councilman Bitter moved to ad- journ. Seconded by Councilman MJ 7 Special Session, November 16, 1970 507 Couchman. Carried by the follow- — ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays -- None. Leo F. Frommelt City Clerk Approved January 18 1971 Adopted January 18 1971 Regular Session, December 7, 1970 509 CITY COUNCIL OFFICIAL Regular Session, December 7, 1970. Council met at 7:30 P.M. (Cen- tral Standard Time). Present — Councilmen Bitter, Moldenhauer, Pregler. City Mana- ger Gilbert D. Chavenelle. Absent — Mayor Meyers, Coun- cilman Couchman (out of city) The meeting was called to order by the City Clerk and Councilman Moldenhauer moved that Council- man Pregler be appointed to serve as Presiding Officer Pro Tem in the absence of Mayor Meyers. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas — Councilmen Bitter, Mol denhauer, Pregler. Nays — None. Absent — Mayor Meyers, Coun- cilman oumcilman Couchman. Presiding Officer Pro Tem Preg- ler read the call and stated that service thereof had been duly made and this meeting is the re- gular monthly meeting called for the purpose of acting upon such business as may properly come be- fore the meeting. November 17, 1970 To the Honorable Mayor and City Council, A permit has been issued to the Dubuque Jaycees as requested in a letter dated November 17, 1970 and signed by Ralph Berg. This action was taken because the requested date of sale pre- cludes any scheduled meeting of the Council. Respectfully submitted, Gilbert D Chavenelle City Manager Councilman Bitter moved appro. val of Manager's action. Seconded by C -tincilman MAdenhauer. Car. ried by the following vote: Yeas — Presiding officer pro tern Pregler, Councilmen Bitter. Moldenhauer, Absent -- Mayor Meyers, Coun- cilman Couchman. -•a November 24, 1970 To the Honorable Mayor and City Council, A permit has been issued to the Salvation Army for the Christmas Bell Ringer's Booth, on Main St. The request was made in a letter dated November 20th and signed by Captain Robert P. Gooch, Com- manding Officer. The action taken was necessary due to the fact that, the requested date does precede any regular meeting of the Council. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Bitter moved appro- val of the Manager's action. Se- conded by Presiding officer pro tem Pregler. Carried by the follow- ing vote: Yeas — Presiding officer pro tem Pregler, Councilmen Bitter, Moldenhauer. Nays — None. Absent — Mayor Meyers, Coun cilman Couchman. November 24, _1970 To the Honorable Mayor and City Council, A permit for the door to door solicitation of funds has been is- sued to the American Rehabilita. tion Foundation. The communica- tion requesting permission is dated November 16th and bears the sig. nature of Robert J. Rees, Director of Field Services. Respectfully submitted, Gilbert D. Chavenelle City Manager Presiding officer pro tem Preg- ler moved approval of the Mana- ger's y Council- man tier. Carried by t Bhe follow- ing vote: Yeas — Presiding officer pro tem Pregler, Councilmen Bitter, Moldenhauer. Nays — None. Absent — Mayor Meyers, Coun- cilman Couchman. November 25, 1970 To the honorable Mayor and City Council of I herewith submthe ent forreportthe the Water Depart month of October 1970. Respectfully, Gilbert D. Chavenelle City Manager 510 Regular Session, December 7, 1970 Presiding officer pro tem Preg- ler moved that the report be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Presiding officer pro tem Pregler, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Couchman. November 23, 1970 To the Honorable Mayor and City Council A request has been received for a street light at about 511 Gar- field. It is recommended that a 4000 lumen incandescent light be installed on a pole opposite 513 Garfield. Respectfully, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Presiding officer pro tem Preg- ler, Councilmen Bitter, Molden- hauer. Nays—None. Absent—Mayor Meyers, Council- man Couchman. December 2, 1970 To the Honorable Mayor and City Council I am returning the petition of Charles Frost and others for a street light on Kensington Place. The area has been investigated by the electrical inspector and it is recommended that a 175 watt mercury vapor light be installed between Lots 8 and 9, Block 2 of Oak Brook Subdivision, Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the Manager's recom- mendation. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Presiding officer pro tem Pregler, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council. man Couchman. December 1, 1970 To the Honorable Mayor and City Council 1 am returning the petition of Mrs. Williams for a street light at the intersection of Kelly Lane and Pego Court. The area has been investigated and it is recommended that a 175 watt mercury vapor light be in- stalled on the existing pole oppo- site 1295 Kelly Lane. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Presiding officer pro tem Pregler, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Couchman. Communication of Planning & Zonin, Commission reaffirmin, previous recommendation that the property at 1105 Loras Blvd. (Lan- eas Pizza Place) remain in Local Business "A" classification, pre- sented and read. Presiding officer pro tem Preg- ler moved that the rules be sus- pended in order to let. anyone present address the Council if they so desire. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas—Presiding officer pro tem Pregler, Councilmen Bitter, Mol- denhauer. Nays—None. Absent—Mayor Meyers, Council- man Couchman. Mr. Phil Langas again addressed the Council by stating that if he is not able to sell beer in his es- tablishment at 1105 Loras he will be forced to go out of business. Councilman Bitter moved that the communication of the Planning & Zoning Commission be tabled until the next Council meeting. Seconded by Presiding officer pro tem Pregler. Carried by the fol- lowing vote: Yeas—Presiding, officer pro tem Pregler, Councilmen Bitter, Mol- denhauer. Nays—None. Absent—Mayor Meyers, Council- man Couchman. >• Regular Session, December 7, 1970 511 November 24, 1970 November 25, 1970 Hon. Mayor and City Council Non. Mayor and City Council On November 2, 1170, Barry J. On September 24, 1970, Irene Bemis of 2530 Crissy Drive, sent Ann Brown, administrator of the communication to the City Council Estate of William George Brown, relating; to his experience in con. decesased, Irene Ann Brown, in- ticction with a criminal matter in dividually, and Irene Ann Brown, the Municipal Court involving an as parent and natural guardian of automobile of Mr. Bemis, then be- Jolene Marie Brown and Julie Ann ing operated by his wife. Brown, minors, commenced on ac- ro instance, Mr. Bemis complains tion against Percy N. Lucas, Gil. ^f the fact that he did not receive bert D. Chavenelle, City of Dubu- ,, atisfa: tory hearing in Municipal que, Iowa, a municipal corporation, C -curt or. his alleged claim arising and Francis T. Kohl and Marie C. ( ut of the accident and therefore, Kohl, d/b/a Seventeenth Street as the result of same, is making a Tap, claiming damages from dc• claim against the City of Dubuque fendants, Percy N. Lucas, Gilbert in the amount of $171.60. 1). Chavenelle and the City of Du• I have reviewed the matter with buque, Iowa in the amount of mr, conzett, assistant City Attor- $150.000.00, which action has been ney. who has made a report to me pending in the District Court of and I have examined Mr. Bemis's Dubuque County, Iowa and that clam and I beg to adviie that the said matter was referred to your outcome of the criminal proceed- City Attorney who then assisted ,n defense of said cause, together in, in no way effect, Mr. Bemis's with attorneys for the insurance claim as to his damages to his ve- company inuring the City of Du hicle if he may rec)ver therefor. bogie. In other words, it is not neees- That the City Attorney was ad. ary Vr him to recover to sustain vised on November 24, 1970 that a conviction in Municipal Court the plaintiff had accepted offer of a^_ainst the alleged other driver. settlement in the amount of $7,500, If Mr. Bemis desires to enforce at no expense to the defendants, collection of his claim in the Percy N. Lucas, Gilbert D. Chave- a:nounl of $171.60 against the of- nelle and City of Dubuque, Iowa, fending driver, whomever that and accordingly, this matter should may be, then in such event he now be disposed of and same should engage counsel and com- closed. Original Notice with peti- mence an action, either in Munici, tion attached is herewith enclosed. pal C urt or in District Court to Respectfully submitted, enforce collection of whatever R.N. Russo damages he sees fit to claim City Attorney against the other driver. 1 see no bads for allowance of Presiding officer pro tem Preg. said claim against the City of Du- ler moved approval of the recom buque for damages arising here. mcn .l:+tion. Seconded by Council - Bitter. Carried by the follow - from and therefore recommend man that his claim for damages therein i:lg vote: officer pro Presiding be denied. Respectfully submitted, Yeas — tem rle Councilmen Bitter, .efi, 110lde H.N. Russo Nays — None. City Attorney Absent — Mayor Meyers, Coun- C:ouncilman Bitter moved appro- cilman Couchman. val of the recammendation• Se- December 1, 1970 conded by Councilman Molden' tion. Alayor and City Council a Carried by the following on October 27, 1970, you re - vote: e: a communication from Mr. Yeas — Presiding Officer pro Yeas ceived Thomas A F}nlev, attornev-at-law, tem 1'regler. Councilmen Bitter, othe firm of Duncan, Jones, Riley f M 1Idenhauer, R I)avis of Des M )ince, I-wa re - Nays -- None. lating to the Dubuque joint cross- Absent — Mayor Meyers, Coun- ings with Chicago and North Wes cilman Couchman, 512 Regular Session, December 7, 1970 tern Railway Company at 12th through 17th streets in the City of Dubuque, Iowa and the pur- port of said letter was that we were being advised that the Chi- cago Milwaukee had been advised by the Chicago North Western Rail- way Company that they were re- ducing their tending of the inter- sections at 12th Street through 17th Street in the City of Dubuque, Iowa and that this matter was then referred to your City Attor- ney with directions to file an ap- plication for hearing before the Iowa Commerce Commission. This matter was pursued by this office and an application for hear- ing was filed, a copy of which is hereto attached together with ex- hibits attached thereto, and that writer was advised of the critical situation involving these crossings at which time numerous calls were placed to the responsible agencies. At any rate, on Novem- ber 19, 1970, this office received a communication from the Iowa Commerce Commission advising that this matter had been handled with the railroad companies and that expectation that agreement could be reached was expected. I am advised by our Police De- partment that the crossing protec- tions are back in operation and that this phase of the matter has been satisfactorily determined. Yours very truly, R.N. Russo City Attorney Presiding officer pro tem Preg- ler moved that the communication be received and filed. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Presiding officer pro tem Pregler, Councilmen Bitter, Moldenhauer. Nays — None. Absent — Mayor Meyers, Coun- cilman Couchman. Communication of Councilman Moldenhauer, as a member of the Health sub -committee, submitting a copy of minutes of their meet- ing of November 12, 1970, suggest• ing the idea of possibly consoli- dating some of the agencies now providing public health services, if such services could be improved by consolidation, however there is no concrete assurance that consoli- dation is the answer, presented and read. Presiding officer pro tem Pregler moved that the com- munication be received and filed and that a copy be sent to the members of the City Council. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas — Presiding officer pra tem Pregler, Councilmen Bitter, Moldenhauer. 'days — None. Absent — Mayor Meyers, Coun- cilman Couchman. Communication of Owen Riley. President of General Driver. Union Local 421, requesting a meeting with the City Council to discuss wages for 1971, presented and read. Presiding officer pn) tem Pregler moved that the com- munication be received and filed and the Manager coordinate with Mr. Bockes for a meeting with the driver's local. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas — Presiding officer pro tem Pregler, Councilmen Bitter, Moldenhauer. Nays — None. Absent — Mayor Meyers, Coun- cilman Couchman. Notice of Suit of Dortha K. Simmons, in the amount of $20.0W, for personal injuries received in a fall at 70 N. Grandview Ave. on November 3, 1970, presented and read. Presiding officer pro tem Pregler moved that the notice of suit be referred to the City Solici- tor for investigation and report. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Presiding officer pro tem Pregler, Councilmen Bitter, Moldenhauer. Nays — None. Ab,ent — Mayor Meyers, Coun- cilman Couchman. Notice of claim of Richard Hunger, in the amount of $26.10, for car damage incurred while making a delivery of refuse to the City landfill on November 13, 1970, presented and read. Presid- ing officer pro tem Pregler moved that the notice of claim be refer- red to the City Solicitor for in- vestigation and report. Seconded Regular Session, December 7, 1970 by Councilman Moldenhauer. Car- ried by the following vote: Yeas -- Presiding officer Pro Tem Pregler, Councilmen Bitter, Moldenhauer. Nays — None. Absent — Mayor Meyers. Coun Gilman Couchman. Notice of claim of Farah Am- mari, in the amount of $1200., for property damage incurred a-4 th, rnsult of a backed -up sanitary sewer, presented and read. Presid ing officer pro tem Pregler moved that the notice of claim be refer- red to the City Solicitor for in- vestigation and report. Seconded by Councilman Moldenhauer. Car ried by the following vote: Yeas — Presiding officer pro tem Pregler, Councilman Bitter. Moldenhauer. Nays — None. Absent — Mayor Meyers. Coun. cilman Couchman. ORDINANCE NO, 59.70 An Ordinance Amending Ordin- ance No. 10-68, commonly known as the "Fire Prevention Code for the City of Dubuque, Iowa" by repealing Section 1 thereof and enacting a new section 1 In lieu thereof to provide that the CtiY Council adopt the Fire Preven- tion Code Recommended by the American Insurance Association being particularly the 1970 addi- tion thereof, presented and read. Councilman Bitter moved that the readini; just had be consid- ered the first reading of the Ord inance. Seconded by Presiding Of- ficer pro tem Pregler. Carried by the following vote: Yeas—Presiding Office* pro tem Pregler. Councilmen Bitter, Mold enhauer. Nays—None. Council- man Meyers, man Couchman. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Presiding Of- ficer pro tem Pregler. Carried by the following vote: Persiding Officer Pro Tem Preg ler, Councilmen Bitter, Molden- hauer. Nays—None. Absent—Mayor Meyers, Council man Couchman. ORDINANCE NO. AN ORDINANCE AMEN 513 ANCE ASSOCIATION BEING PAR- TICULARLY THE 1970 ADDITION THEREOF. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Secti(n 1, That Ordinance No. 10.68, known as "The Fire Prey^ntion Code for the CItY of Dubuque, Iowa" be and the same is hereby amended by repealing SECTION 1 thereof and en- acting a new SECTION 1 In lieu thereof as follows: "SECTION 1. That it is hereby adopted by the City Council of the City of Dbuque, Iowa, for the purpose of prescribing regulations governing conditions haz- ardous to life and property from fire or a*pl:sion, that certain code known as "The Fire Prevention Code" recommended by the American Insurance Association, being particu- larly the 1970 Addition thereof and the whole thereof, save and except Ap- pendix D thereof which is hereby deleted therefrom, of which Code not less than three (3) ccples have been and are now on file In the office of the City Clerk of Dubuque, Iowa, and the same are hereby adopted and In. corporated as fully as If set out at full length herein and from the date effecththe provisionsnthereofnshalltake be contrrlling within the limits of the City of Dubuque, Iowa." rof passed, approved D ce ber, 1970.opted this 7th da Walter A. Pregler Presiding Officer Pro Tem Wayne A Moldenhauer Joseph J Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published Officially in The Tele- aDecember N970spaper this 10th day Of Leo F. Frommelt City Clerk 1 t. 12.10 Councilman Bitter moved final adoption of the Ordinance. Second. ed by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas — Presiding officer Bitte Pro Tem Pregler, Councilmen Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Couchman. ORDINANCE NO. 60-70 An Ordinance Amending Ordi. nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by adding a new subsection 23 to Section A lfof Schedule III thereof to pro that eastbound and westbound vehicles must stop before enter- ing the intersec-ion of Washing- ton Street and East 25th Street, presented and read. Councilman Mo de auerbe moved that the reading of the I sidered the first reading 514 Regular Session, December 7, 1970 Ordinance. Seconded by Presid- ing Officer pro tem Pregler. Car- ried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Moldenhauer. Nays --None. Absent—Mayor Meyers, Council- man Couchman. Councilman Moldenhauer moved that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Presiding Officer pro tem Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Moldenhauer. Nays—None. Absent—' -Mayor Meyers, Council- man Couchman. ORDINANCE NO. 60-70 OINANCE AMENDING ORDI- NO. 33-49 KNOWN AS THE NOW THEREFORE BE IT OR- DAINED BY THE CITY t-ni1Nr'I_ OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3349 known a5 the "Traffic Code of Di- buque, Iowa" as amended be and the same Is hereby amended by adding a new subsection 23 to Section A of Schedule III thereof as follows: "SCHEDULE III A. Easlb'und and Westbound ve- hicles must stop before entering the Intersection of: 23. Washington Street and East 25th Street." Passed, approved and adopted this 7th day of December, 1970. Walter A. Pregler Presiding Officer Pro Tem Wayne A. Moldenhauer Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published rfficially In the Tele. graph -Herald Newspaper this 10th Bey of December 1910. Leo F. Fromm(It 1 f. 12.10 City Clerk Councilman Moldenhauer moved final adoptiin of the Ordinance. Seconded by Presiding officer Pro Tem Pregler. Carried by the fol- lowing vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, ?Moldenhauer. Nays—None. Absent—!Mayor Meyers, Council- man Couchman. ORDINANCE NO. 6170 An Ordinance Amending Ordi• nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa,, as amended by adding a new subsection 6 to Seclion C of Schedule X and a new sub3ec- tion 7 to Section C of Schedule X thereof to require eastbound vehicles to yield the right of way before entering the south intersection and the north in. tersection of St. John Drive and Graham Circle, presented and read. Councilman Moldenhauer moved that the readin; just had be con- sidered the first reading of the Ordinance. Seconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tern Pregler, Councilmen Bitter, Moldenhauer. Nays—None. Absent --Mayor Meyers, Council- man Couchman, Councilman Moldenhauer moved that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Presiding Officer Pro Tem Preg- ler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Couchman. ORDI- i THE IL_ Ur DCHEDULE X AND A NEW SUBSECTION 7 TO SECTION C OF SCHEDULE X THEREOF TO RE- QUIRE THE RIGHTT OF" WAYS BE- FORE ENTERING THE SOUTH IN- TERSECTION AND TAE N0r(TH IN- TERSECTION OF Sr JOHN DRIVE AND GRAHAM CIRCLE. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordnance No. 3349 known as the "Traffic Code of Du. buoue, Iowa" as amended be and the same is hereby amended by ado - Ing a new subsectior. 6 to Seetl-n C of Schedule X Ord a new subsection 7 to Section C of Schedule X thereof as follows: "SCHEDULE X. C. East -bound vehicles must Yield before entering the Intersection of: 6. St. John Drive and Graham Circle, south Intersection. 7. St. John Drive and Graham Circle, north Intersection." Passed, approved and adopted this 7th day of December, 1970. Walter A. Pregler Presiding Officer Pro Tem Wayne A. Moldenhauer Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt CJty Clerk Published (fficially In the Tele- graph -Herald Newspaper this 101h d9Y of December 1970. Lrw F. Frommelt 1 1. 12.10 C fy Clerk Regular Session, December 7, 1970 515 Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Presiding Officer Pro Tem Pregler, Carried by the follow'ln,.', Vote: Yeas — Presiding Officer Pio Tem Pregler, Councilmen Bitter. Moldenhauer. Nays—None. Absent—Mayor Meyers, Council man Couchman. ORDINANCE NO. 62.70 An Ordinance Amending Ordin- ance No. 33.39 known as the "Traffic Code of Dubuque, Iowa" as amended by Adding a new subsection 7 to Section D of Schedule X thereof to require westbound vehicles to yield the right of way before entering the south intersection and the north intersection of St. John Drive and Graham Circle, presented and read. Councilman Moldenhauer mov- ed that the reading just had be considered the first reading of the Ordirance. Srcondcd by Presid- ing Officer Pro Tem Pregler. Car- ried by the following vote: Yeas — Presiding officer Pro Tem Pregler, Councilmen Bitter, Moldenhauer. Nav!'- _None. Absent — Mayor Meyers, Coun cilman i'ouchman. Councilman Moldenhauer moved that the rule requiring an Ordin- ance to be read on three separate days be waived. Second •d by Pre. siding officer Pro Tem Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Moldenhauer. Kays—None. Absent --Mayor M(!yers, Council. man Couchman. OVDINANCE NO. 62-70 kN ORDINANCE AMcND'N3 0RDI- 4ANCE NO. 3349 KNONN AS THE 'TRAFFIC CODE OF DUBUQUE. OWA" AS AMENDED BY ADD N, k NEW suBSECTEION 7 T) SEALo Crt1)N SUSBSE TION 8 flopSECTIIO.N U 0 YIELD THETR CHTROOFHWAYSBE FOREO ENTERINr. THE S -)LITH IN- TERSE4TION AND THE NORTH IN. TERSEs TION OF ST IDHN DRIVE AND GRAHAM CtQCI F NOW THEREFORE BE IT OR- DAINED BY THE fJTy rOUNf'L. OF TIE CITY OF DUOI(JQUE. IOWA: SKt:en 1. Thfil Ord'nenLe No 3319 known as the 'Traffic Code of Du- b 'a' -ie, Iowa" as amended be and the same Is hereby amended by adding t new esuXs end n 7new SsubsectioUrtiOn n n t Io Section D of Schedule X thereon as follows: SCHEDULE X. D Westbound v0hlcles must yield before enterin0 the Wersection of: 7. St. Juhn Drive Ino Graham Circle. SOuh intersecAm. 0. St. John Drive and Graham Circle, north intersectkn.' Passed, approved and adopted this 7th day of December, 1976 Walter A. Pregler P,esid,nyy Officer Pro Tem Wayne A. Moldenhauer Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt C ty Clerk Published cfficially In the Telt graph Herald Newspaper this 10th day of December 1970. Leo F, Frommelt City Clerk 1 1. 12.10 Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Presidini Officer Pro Tem Pregler. Carried by the fol- lowing vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Moldenhauer. Nays --None. Absent -- Mayor Meyers, Coun- cilman Couchman. Petition of Dubuque County Tu- berculosis and Respiratory Disease Associa'ion, ,(,questing permission '.o distribute bangles on December lith and 12th. in the downtown arca, presented and read. Cjun-il- man Bitter moved approval of the petition. Seconded by Presidin? Officer Pro Tem Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Moldenhauer. Nays --None. Absent --Mayor Meyers. Council - m: n Couchman. Petition of Carlos Updike re- ques'in^ a refund of $10 on li- cense is,ued to sell Christmas ever ed due toees sudden hillness, pre ensed and read. Presiding Officer Pro Tem Pregler moved that the refund be granted and the Auditor instruct- ed to issue pr,per warrant. Sec- onded by Counf 11M Moldenhau- er. er. Carried by the Yeas — Presiding Offi^-er Pro 'rem PreAer, Councilmen Bitter, %loldenhauer. Nays—None. Absent—Mayor Meyers, council- man Couchman. Petition of Edwards do Sons Cnn- structinn Co. Westin! the Lot 1 not ing of Lot 2 of Dugan Farm frnm Sinele Family Classification to resentedland mad. ily LIaSSifiralion, p Councilman Beferred oto dthe aPla e petition 516 Regular Session, December 7, 1970 ning & Zoning Commission for in- vestigation and report. Seconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Moldenhauer. Nays—None. Absent — Mayor Meyers, Coun- cilman Couchman. Petition of Maxine Hoag request- ing a refund of $50 on the unex- pired portion of cigarette license No. 123, as she has discontinued business on 11-28-70, presented and read. Councilman Bitter moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Seconded by Presiding Officer Pro Tem Preg- ler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Moldenhauer. Nays—None. Absent — Mayor Meyers, Coun- cilman Couchman. Petition of Mobil Oil Corpora- tion by Fred Schilt, requesting in- stallation of a street light on an existing pole at E. 6th Street at the C. B. & Q. and Illinois Cen- tral railroad tracks, presented and read. Presiding Officer Pro Tem Pregler moved that the petition be referred to the City Manager and Electrical Inspector for investiga- tion and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Presiding Officer Pro Tern Pregler, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council. man Couchman. Petition of "The New March of Dimes" requesting permission to conduct the "Mothers March" the week of January 24th thru Janu- ary 30, 1971, presented and read. !firs. C. J. May addressed the Council relative to the March of Dimes by stating that the general public get confused between the Kenny Foundation group and the March of Dimes. She requested some form of control over the Kenny group because they seem to have no definite time set for their drive, either as to the start or end. ing thereof. Presiding Officer Pro Tem Preg- ler moved that the March of Dimes petition be approved. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Couchman. Petition of Durrant-Deininger. Dommer-Kramer-Gordon requesting concurrence and approval of a mi. nor design variation to construct projections at various locations on the face of a building being de- signed in the Urban Renewal area on Main street between 6th and 7th Streets, presented and read. Presiding Officer Pro Tem Preg- ler moved that the petition be re- ferred to the City Manager and staff for recommendation and re- port. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Presiding Officer Pro Tern Pregler, Councilmen Bitter, Moldenhauer. Nays — None. Absent — Mayor Meyers, Coun- cilman Couchman. RESOLUTION NO. 382.70 Resolution accepting the eight inch extension of the Moore Heights Sanitary Sewer to ser- vice Lot 2.1.1.2.2 of Grote Place: WHEREAS, Under the provision of Ordinance 60-60, Mr. R. C. Wah- lert, has constructed a Sanitary Sewer, and WHEREAS, The City Engineer has inspected the same and the City Manager has recommended its acceptance, and WHEREAS, The permittee un- der said ordinance has filed with the City Council a certified state- ment showing all the amounts paid in connection with the con- struction of said sewer, including engineering and inspection fees amounting to $968.58. NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That said sewer is hereby accepted by the City of Dubuque and that the same be hereafter a public sewer under the exclusive charge and control of the City of Dubuque. Regular Session, December 7, 1970 517 Section 2. That the City Clerk be and he is hereby authorized and directed to receive and file a copy of this resolution in his of- fice and shall hereby be made a matter of Public Record. Passed. adipted and approved this 7th day of December, 1970. Walter A. Pregler Presiding Officer Pro Tem Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Moldenhauer. Nays—None. Presiding Officer Pro Tem Preg- ler moved adoption of the resolu. tion. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Couchman. RESOLUTION NO. 383-70 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cig. arettes within the City of Du. buque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Fraternal Order of Eagles #568, 1175 Century Drive. Transfer ef. fective December 7, 1970 from 6th & Locust Street. Doris Rickena, 485 Central Ave- nue. Transfer from 301 Main St. BE IT FL?RTHER RESOLVED that the bonds filed with the ap- plication be approved. passed, adopted and approved this 7th day of December 1970. Walter A. Pregler Presiding Officer Pro Tem Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Loco F. Frommelt City Clerk Absent—Mayor Meyers, Council- man Couchman. Councilman Bitter moved adop tion of the resolution. Seconded by Presiding Officer Pro Tem Prre ler. Carried by the following vote RESOLUTION NO. 384-70 WHEREAS, applications for Seer Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Richard J. Hantelmann, 902 Main Street Gerald E. Miller, Jr., 2417 Rhom- berg Avenue B.P.O. Elks Lodge No. 297, 7tb & Locust Street L. G. Schaffert, 1900 Washington Street Lorraine Gordon, 2327 Central Avenue Carl Hirsch, 600 Central Avenue Fraternal Order of Eagles #568, 1175 Century Drive (Transfer from 6th & Locust Street) CLASS "C" BEER PERMIT Hartig Drug Company, 2255 J. F. Kennedy Road Iiartig Drug Company, 736 Main Street Hartig Drug Company, 2225 Cen- tral Avenue 97 Locust llartig Drug Company Street i,averne G. Felderman, 1889 Jack- son Street William J. Lynn, 424 West Locust Street Cruso A. Alba. 2601 Jackson Street passed, adopted and approved this 7th day of December, 1970, Walter A. Pregler Presiding Officer Pro Tem Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk 518 Regular Session, December 7, 1970 Councilman Bitter moved adop. tion of the resolution. Seconded by Presiding Officer Pro Tem Preg- ler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Couchman. RESOLUTION NO. 385-70 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, 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 bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Richard J. Hantelmann, 902 Main Street Gerald E. Miller, Jr., 2417 Rhom- berg Avenue B.P.O. Elks Lodge No. 297, 7th & Locust Street L. G. Schaffert, 1900 Washington Street Lorraine Gordon, 2327 Central Avenue Carl Hirsch, 600 Central Avenue Fraternal Order of Eagles #568. 1175 Century Drive (Transfer from 6th & Locust Street) CLASS "C" BEER PERMIT Hartig Drug Company, 2255 J. F. Kennedy Road Hartig Drug Company, 736 Main Street Hartig Drug Company, 2225 Cen. tral Avenue Hartig Drug Company, 97 Locust Street Laverne G. Felderman, 1889 Jack- son Street William J. Lynn, 424 West Locust Street Cruso A. Alba, 2601 Jackson Street BE IT FURTHER RESOLVED that the bonds filed by such appli. cants be and the same are hereby approved. Passed, adopted and approved this 7th day of December, 1970. Walter Pregler Presiding Officer Pro Tem Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop. tion of the resolution. Seconded by Presiding Officer Pro Tem Preg- ler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Nloldenhauer. Nays—None. Absent — Mayor Meyers, Coun- cilman Couchman. RESOLUTION NO. 396.70 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BF. IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses Issued upon the r•ompliance with the terms of the IOWA I_JQTIOR CONTROL ACT— CHAPTER 123 — as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Gerald E. Miller, Jr., 2417 Rhom- berg Avenue Richard J. Hantelmann, 902 Main Street Benevolent and Protective Order of Elks #297, 7th & Locust St. Disabled American Veterans, Inc., Plaza 20, 2600 Dodge Street Fraternal Order of Eagles #568, 1175 Century Drive (Transfer from 6th & Locust Street) Passed, adopted and approved this 7th day of December, 1970. Walter A. Pregler Presiding Officer Pro Tem Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by i Regular Session, December 7, 1970 519 Presiding Officer Pro Tem Preg• I journ. Seconded by Presiding Of - ler. Carried by the following vote: (icer Pro Tem Pregler. Carried by Yeas — Presiding Officer Pro the following vote: Tem Preelcr, Councilmen Bitter, Yeas — Presiding Officer Pro Moldenhauer. Tem Pregler, Councilmen Bitter, Nays—None. Moldenhauer. Absent — Mayor Meyers, Coun- Nays—None. cilman Couchman. Absent—Mayor Meyers, Council• man Couchman. Leo F. Frommelt City Clerk RESOLUTION NO. 387.70 WHEREAS. applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Coun^il, and WHF.RF.AS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RF• SOI,VFD by the City Council of Dubuque. Iowa, that the Manager he authorized to cause to he issued to the followin, named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Gerald E. Miller. Jr.. 2417 Rhom- berg Avenue Richard J. Hantelmann. 902 Main' Street Benevolent and Protective Order',,, of F,iks #297. 7th & Locust St. Disabled American Veterans, Inc., Plaza 20, 2600 Dodge Street Fraternal Order of Eagles #568, 1175 Century Drive (Transfer from 6th & Locust Street) Passed, adapted and approved this 7th day of December, 1970. Walter A. Pregler Presiding Officer Pro Tem Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Presiding Officer Pro Tem Preg- ler. Carried by the Presiding Pro Yeas — residing Tem Pregler, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Couchman. There being no further business Councilman Bitter moved to ad- Approved Februa1971 ....ry ..........15 ..... rNAX.Y rhv, ann.,w .y..y............................. ........... ... t/ .......................... ouncilmen :,:?_101/ Att................. ............................ City Clerk 520 Special Session, December 14, 1970 CITY COUNCIL OFFICIAL Special Session, December 14, 1970. Council met at 7:30 P.M. (Cen- tral Standard Time). Present — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. City Manager Gil- bert D. Chavenelle. Mayor Meyers read the call and stated that service thereof had been duly made and this meeting is called to CONSIDER LEVYING OF ASSESSMENTS AGAINST ES- PECIALLY BENEFITTED PROP- ERTY TO PAY FOR COST OF CONSTRUCTING CITY OF DU- BUQUE 1970 BITUMINOUS CON- CRETE PAVING PROJECT NO. 1, and acting upon such other busi- ness as may properly come before a regular meeting of the City Council. Communication of Iowa State Department of Health issuing a supplemental permit No. 70.273-S Lift Station and Force Main "Ham. ilton Glen" Apartment complex RET Corporation, to include a change in the responsibility for maintenance and operation, pre- sented and read. Councilman Preg- ler moved that the communica- tion be received and filed. Second. ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Communication of Low Rent Housing Commission submitting a copy of minutes of meeting of No- vember 18, 1970, presented and read. Mayor Meyers moved that the communication be received and filed. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. Communication of Dubuque Area Chamber of Commerce re- questing a place on the agenda for reading a letter of apprecia. tion to be followed by the an- nouncement of the winner of the Pedestrianway Name Contest pre- sented and read. Councilman Preg- ler moved that the communication be received and filed. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers. Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays --•-None. Couneffinan Prccler moved that the rules b - suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Mr. Tom Killion read a letter showing the list of judges who participated in the Pedestrianway naming contest and expressed sin- cere thanks to the judges and to all citizens that submitted an en- try. He then presented a sealed envelope to Mayor Meyers which contained the name of the winner of the Pedestrianway name con- test. The envelope contained the name of Mrs. Florence Becke of 2784 Washington Street who se- lected the name of the Pedestrian - way to be now called TOWN CLOCK PLAZA. The Mayor con- gratulated Mrs. Becke and pre- sented her with two plane tickets to Las Vegas along with spending money from the Downtown Mer- chants. Councilman Bitter moved that proper proceedings be prepared naming the TOWN CLOCK PLA- ZA. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. November 30, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a re- quest to have property, located at 1105 Loras Boulevard, reclassified from Local Business "A" to Local ..B,. Special Session, December 14, 1970 521 The same request was reviewed r by the Commission on October 29, C 1989 and on May 20, 1970. f The Commission has found that c a substantial amount of area in h the vicinity of this site is classi fied Single Family and Two Fam- ily Residence on the zoning map. Planning for those areas envisions that they will remain in this clas- sification, The Local Business "A" district is established to accommo- date businesses that will serve the I residents living in these areas. It is the opinion of the Commis- t sion that some of the uses permit- ted in the Local Business "B" District would not be compatible with or provide service to the sur- rounding residential area. The applicant a•as present at the Commission meeting and stated that the circumstances per- tinent to the application are the same as previously. The Commission wishes to reaf- firm its previous recommendation that the property at 1105 Loras Boulevard remain in the Local Business "A" classification. Respectfully submitted. CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Mayor Meyers moved that the communication he received and filed. Seconded by Councilman Bit- ter. Carried by the following e: Yeas -- Mayor Meyers, Co t cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Communication of City Solicitor Russo submitting information as requested at the Council meeting of December 7th relating o spot zoning areas, presented and read. Mayor Meyers moved that the com- munication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: yeas — Mayor Meyers, coun- cilmen Bitter, Couchman, hatter, Pregler. Nays—None. Communication of Robert J. Rosenow of 14`20 Glen Oak object- ing to rezoning of Phil's Pizza & Chicken llut at 1105 Loras Blvd., presented and read. May eyers moved that the communication be eceived and filed. Seconded by ounrilman Bitter. Carried by the ollowing vote: Yeas — Mayor Meyers, Coun- ilmen Bitter, Couchman, Molden- auer, Pregler. Nays—None. Mr. Phil Langas addressed the Council relative to the sale of beer n his establishment at 11.05 Loras Boulevard. Mr. John Riley of 1480 Glen Oak spoke in favor of Mr. .aneas's appeal for rezoning. City Planner Gilson reviewed the en. ire coverage of Mr. Langas's ap- peal for rezoning since the original request was presented to the Coun- cil. Each time the Planning & Zon- tng Commission were of the opin- ion that the Langas property re- main in the Local Business "A" classification. A target date of January 12th, 1971 was set to meet with the Commission. After con- siderable discussion Councilman Bitter moved that the rules be re- imposed. Seconded by Councilman Couchman. Carried by the follow- ino. vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Counc. ilman Pregler moved that the recommendation of the Plan - nine & Zoning Commission be ac- cepted. Seconded by thenfollow- an Couchman. Carried by ing vote: M Yeas — ayor Meyers. Coun cilmen Couchman, Moldenhauer, Pregler. Nays --Councilman Bitter. Communication of Dubuque Ad- visory Commission expressing it- srlf in two areas 1)That the reCCity should have a Og nized building code and 2) that a citizen is entitled to do work in his own home if he meets certain requirements and recommending to the Council the adoptionofna nationally recognized code which is self up ate. to m take advantage of new materials and methods in time to meet the spring construction schedule of 1971 and that anv Person has the constitutional right and should be allowed in his own domicile tilo pre- pare wiring, heating, and cooling, piumbmg and con- struction provided certain condi- 522 Special Session, December 14, 1970 tionq are met, presented and read. Councilman Couchman moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Moldcn hauer, Pregler. Nays—None. Mayor Meyers moved that the rules be suspended in order to let anyone present address the Council if thev so desire. Second. ed by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Mr. Wm. Woodward. Chairman of the Advisory Commission. stated that Mr. Lundh and Mr. Hingteen are members that are very knowledgeable on the Com- mission as to buildings etc. Thv Commission is vitally interested because of the times, skyrocke,in^, prices, and housing for the poor. This is the reason for renommend- inx a National Code. Self-updatin is the phrase being used. They are presently faced with a balance of interest and they are trying, to bal,nee these interests in recom. mending various code ideas. Mr. Joe Paradiso stated that he could see no harm in someone being al- lowed to do their own work in a home providing an inspection is made before and after the work has been completed. Councilman Moldenhauer moved that the communication of the Ad- visory Commission be referred to the Building Code Committee for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Councilman Pregler moved that the Advisory Commission and the Building Department set up a jAnt meeting Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. December 11, 1970 Honorable Mayor and City Council In order to plan for the annual City of Dubuque fiscal audits for the years of 1970 and 1971, we have recently contacted Mr. Lloyd R. Smith, the State Auditor, and have made tentative arrangements as follows. I request that the 1970 audit be accomplished with the local CPA firm of O'Connor, Brooks, Ahrendt and Brooks, who have conducted our audits in past. years. 1n 1971, we will request the State Auditor to make the City audit. I will come to you gentlemen, in January 1971, with the forgo- ing proposal, in the form of a Council Resolution. A copy of this resolution will then be forwarded to the Auditor of State, Mr. Lloyd R. Smith, for his concurrence. Sincerely yours, G. D. Chavenelle City Manager Mayor Meyers moved approval of the Manager's recommendation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- Iiauer, Pregler. Nays—None. December 3, 1970 lion. Mayor and City Council On September 8, 1969, Mrs. Julia G. Grutsch filed claim against the City of Dubuque, Iowa claiming personal injuries as the result of a fall on the easterly side of Central Avenue approxi- mately midway between 14th and 15th Streets. This matter was referred to the City Attorney who made an inves- tigation and determined that the claimant had suffered a fractured left elbow and that her hospital and doctor bills totaled approxi- mately the sum of $11J0.0U and that the said claimant has made an offer of settlement in the amount of $1500.00, to which amount the City Attorney has agreed to contribute $500.00 and the insurance carrier for the abut- ting property owners has agreed Special Session, December 14, 1970 523 to contribute the sum of $1,030.00 thereto. It is therefore recommended that the settlement offer be ap- proved and that the City Auditor be instructed to draw a warrant pavable to Mrs. Julia G. Grutsch and Walter F. Grutsch, her his. band, individually and as husband and wife, in the amount of S500.00 and transmit same for delivery upon receipt of duly executed re- leases. Respectfullv submitted, R. N. Russo City Attorney sidewalk on the east side of Bluff Street between 8 h and 9th on November 16. 1970, presented and rel d. Councilman Pregler moved that the notice of claim be re- ferred to the City Solicitor for invesii,,ation and report. Second- ed by Coun-ilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Cmm- ilmen Bitter, Couchman. Molden• hauer, Pregler. Nays—None. Mayor Meyers moved approval of the recommendation. Seconded by Councilman Couchman. Carried by the following vote: Yeas --- Mayor Meyers, Co un cilmen Couchman, Moldenhauer, Pregler. Nays—None. Abstained --Councilman Bitter. Notice of claim of John J. Mc- Donald of 3517 Key Corners, in the amount of $216.50 plus, for property damage incurred as the result of a backed -up sewer on No- vember 21, 1970, presented and read. Councilman Pregler moved that the notice of claim be re- ferred to the City Solicitor for in. vestigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers. Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Notice of Claim of Robert T. Baker of 3511 Key Corners, in the amount of $209 for damage in- curred as the result of a backed - up sewer on November 21, 1970, presented and read. Councilman Pregler moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun cilmen Bitter, Couchman, Molden hauer, Pregler. Nays—None. Notice of Chalder, amount, for ceived in a Claim of Mrs. Alven in an undetermine personal injuries r ,t , Communication of LeRoy Steines .)f 2704 Andrew Court requesting recon side ratian of his sewer back- up claim that was denied, pre- sented and read. Councilman Bit- ter moved that the communication be received and filed. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- haucr, Pregler. Nays— None. Mr. LeRoy Steines inquired why was his claim denied. The sewer at 2704 Andrew Court has backed up several times since it has been e instructed. Mr. Steiner was of the opinion that there is some- thing wrong with construction of the sewer. Councilman Moldenhauer moved that the communication be re- ferred to the City Solicitor and a copy also sent to the City Council - and staff. er Seconded by the fol - man Couchman. Carried by lowing vote: Yeas — Mayor Meyers, lden- iimen Bitter, Couchman, bfolden hauer, Pregler. Nays --None. G. Notice of claim of Charles he Jochum of 4840Edith ur treet, en and amount of $5 damage incurred as Sewers oln of a backed -up sanitary comber 12 1970, presented and read. Councilman Pregler be vee• that the notice of claim or for in, ferred to the Citv Sort tSeconded .estigation and rep ►)y Councilman f Bitter. Carried by the following Coun Yeas — Mayor Meyers, a cilmen Bitter, Couchman, Molden- d hauer, Pregler. e'None. fall on a defcc t e Nays— 52-1 Special Session, December 14, 1970 ORDINANCE NO. 63.70 An Ordinance Amending Ordi- nance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by repeal- ing subsection 6.2.2 of Section 6.2 of Parking Meter District B and by repealing subsection 6.2.3 of Section 6.2 of Parking Meter District B thereof removing west side of Bluff Street between Eighth and Ninth Streets and re- moving both sides of Locust Street between Sixth and Sev- enth Streets from said parking meter District, presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 6340 :DINANCE_AMENDING ORD TWEEN EIGHTH ANO NINTii STREETS AND REMOVING BOTH SIDES OF SIXTH ANDTRSEVENTH STREETS FROM SAID PARKING METER DISTRICT. NOW THEREFORE BE IT OR - OF THEYOF DB CITE TYDUBUQUE, IOWA: Section 1, That Ordinance No. 37- 65 known as the "Street Parking Me. ter Ordinance of Dubuque, Iowa" be and the same is herEby amended by repealing subsecticn 6.2.2 of Section 6.2 of Parking Meter District B and by repealing subsection 6.2.3 of Sec- tion 6.2 of Parking Meter District B and the same be and is hereby re. Pealed and of no further force or effect. Passed, approved and adopted this 14th day of December, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M Couchman Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published offically In The Telegraph - Herald Newspaper this 17th day of December 1970. Leo F. Frommelt 11. 12/11 City Clerk. Councilman Bitter moved final adoption of the Ordinance. See. onded by Councilman Pregler. Car. ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays—None. ORDINANCE No. 6470 An Ordinance Amending Ordi- nance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by repealing all subsections of Section 6.1 parking Meter District A: 6.1.1; 6.1.2.; 6.1.3; 6.1.4; 6.1.7; 6.1.8; and enacting new subsections 6.1.1; 6.1.2; 6.1.3; 6.1.4; 6.1.5 and 6 1.6 to section 6.1 Parking Meter District A in lieu thereof to limit the Parking of Motor vehicles on streets hereinafter designated, presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three seperate days be waived. Seconded by Mayor Me- yers, Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hatier, Pregler. Nays—None. ORDIAn ordinance amending 7 Ordinance No. 37.65 known es the 'Street Park- ing Meter Ordinance of Dubuque Iowa" by repealing all subsea ons of 6 1.I;c 6.1.2; 6 1 Parking 6MAer6.District;.1 B; find 6.1 7, enacting 6..1 6nj q subsections1 6il.d to Section 6.1 Parking Meter District A in lieu thereof to limit the parking rl motor vehicles on streets herein- alNcwdiherefore be It ordained by the City Council of the City of Dubuque, Iowa: Section hrltr65known as te"StPekNo.ing Me. ter Ordinance of D ibuque, Iowa" be repeand lingsame. subsection 6,1.1 mandedsub section 6.1.2 and subsection 6.1.3 and subsection 61.4 and subsection 61 7 d ldof uParking Meter District section enacting a new subsection 6.1.1 and Special Session, December 14, 1970 $95 a new subsection 6.1.2 and a new subsection 6.1.3 and a new subsection 6.1.4 and anew subsection 6.1.5 and a new sub sect.on 6.1.6 of Section 6.1 of Parking Meter District A as fol. laws: 6.1.1 Bluff Street, West side between 8M and 9th Streets. 6.1.2 Locust Street, West Side be. tween 5th and lith Streets. 6.1.3 Locust Street, both sides be- tween 9th and 10th Streets. 6.1.4 Main Street, East side be- tween 91h and 10th Streets. 6.1.5 Eighth Avenue, South side be- Iween Locust and Bluff Streets. 6.1.6 Ninth Street. Ncrth side be: tween Iowa and Bluff Streets. Passed, approved and adopted this 141h day of December, 1970. Donald R. Meyers Mayor Wolter A. Pregler Wayne A. Moldenhauer Gaylord M. Co.ichman Joseph J. Bitter Councilmen ATTEST: Leo F. Frommell City Clerk Published olfically in The Telegraph - Herald Newspaper this 17th day of December 1970. Leo F. Frommell City Clerk. It. 12/17 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 65.70 An Ordinance Amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended by Repealing subsec- tion 83 of Schedule VI thereof and Repealing subsection 84 of Schedule VI th reof and enact. ing a new Subsection 83 of Sche- dule VI and enacting a new Sub- section 84 of Schedule VI in lieu thereof to provide that motor ve- hicles shall be prohibited from parking on both sides of Locust Street from Second Street to Third Street and the east side of Locust Street from Fourth Street to Eighth street and both sides of Locust Street from Eighth street to Ninth Street and on the south side of West Ninth Street from Bluff Street to Iowa Street and both sides of West Ninth Street from Iowa Street to Central Avenue. presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. S.'conded by Councilman Couch man. Carried by the following vote: yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- nauer, Pregler. Nays — None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three seperate days be waived. Seconded by Mayor Me- yers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. 84 ET NO. 65-70 (ENDING OR NOWN AS T OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Du- buque, Iowa" as amended be and the same is hereby amended by repealing subsection 83 of Schedule VI thereof and enacting a new subsection 83 o1 Schedule VI in lieu thereof and re- pealing subsection Bt of Schedule VI thereof and enacting a new subsection 84 of Schedule VI in lieu thereof as follows: "SCHEDULE VI 87. On both sides of Locust Street from 2nd Street to 3rd Street; and treethto east h (Street; Land both sides from Bin Street 10 9th Street. 84. On the south sl,' -4 of West 9th Sowet Street and Bluff botheet to sides Irom Iowa Street to Central Avenue." Passed, appproved and adopted this 111h day of DonaldeR. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer J aselph J. Biller hmen Councilmen ATTEST: Leo F. Frommelt City Clerk Published offlcally in The Telegraph - Herald Newspaper this 17th day Of December 1970. Leo F. Frommelt City Clerk. 1t, 12/17 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. 528 Special Session, December 14, 1970 Communication of City Manager submitting estimates and prLjec,- tions of costs and revenues through 1974 covering Garbage and Refuse Collection and Sanitary Landfill, showing estimated budgets on both two and one collections per week, presented and read. Councilman Pregler moved that the communi- cation be received and filed. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Mrs. Louise Haliburton proposed to spearhead a move to reduce vo- lume of collection by recycling re- fuse such as paper. Mr. Russ Peter- son of Henningson Durham & Rich- ardson stated that recycling cannot be an economic process when it is done mixed with other refuse. Mr. Peterson talked at length what is being proposed here in the City as to the processing of Garbage and Refuse. At the present time only twenty percent of the refuse in the City is collected by the City crews. Arthur Boardman thought the proposed refuse collection charge should be put on property tax. Older people should be ex. empt. Joe Schilitz, Mr. Clark, Herb Kieffer, Nic Behnke had various arguments against a charge for the collection of garbage. Andy Humke as president of the Golden Age Club made an appeal to exempt their membership. He was told to submit a list of the membership that possibly would be charged on their water bills. Brian Mihalakis, a commercial garbage hauler, was fearful that the City would take some of his commercial accounts. Communication of Dubuque Au. dubon Society investigation possi. bilities of recyclying wastes in or- der to lessen refuse collection and spare the environment, setting aside sometime in February to con- duct a drive. Councilman Pregler moved that the communication be recevied and filed and the Mayor issue a proclamation. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Councilman Pregler moved that the rules be reimposed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. ORDINANCE No. 66-70 An Ordinance Providing for Municipal Collection of Garbage and Refuse; Defining Term; Pre- scribing Rules and Regulations therefore; Establishing a Collec. tion Fee therefore; Requiring City Manager to prepare "Delin- quent List" and Providing for the collection of Delinquent Charges as provided by law; Re- stricting the Private Collection of Garbage and Refuse; Provid. ing for the Licensing and regula- tion of Private Garbage and Re. f u s e Collectors; Pre.,crlbing Rules and Regulations for Haul- ing Garbage, Refuse and other W a s t e Materials within or through the City of Dubuque; Prohibiting the Deposit of Litter within the City of Dubuque; Pro. viding Penalties fur Violation thereof; and Repealing Ordi- nances 38-53 and 3-68. presented and read. Councilman Pregler moved for one collection of Garbage per week. Motion died for lack of a second, Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Mulden- lu,uer, Pregler. Nays — None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Me- yers. Carried by the following vote: Yeas — Mayor Meyers, Council men Bitter, Couchman, Alolden hauer, Pregler. Nays -- None. An Ordinance Prov tling forr Muni. clpal Collection of Garbage and Re. fuse; defining terms; prescrib'rig Rules and kegulations therefore; Es- tablishing a collection fee there• fore; requiring City Manager to we. 10ie ;'Delinquent List" of Dellnaueng Special Session, December 14, 1970 527 Charges as provided by law; Re- stricting the Private Collection of Gaibage and Refuse; Prov.dint for the Licensing and Regulation o Pri- vate Garbage and Refuse Collectors; Preserib,ng Rules and Regulations for Mauling Garbage, Refuse and Other Waste Materials within cr through the Ctly of Dubuque; Pro- hibiting the Deposit of Litter within the City of D..buque• Prov ding Pen- alties for Vloat,on fhere0f; and Re. pealinq Ordinances 38-53 and 3-68. Now Therefore Be It Ordained By The City Council of the City cf Du- buque, Icwa: Sact:on 1. For the Purpose of this Ordnance the following definitions shall apply: (a) "Garbage" shall mean any and all refuse from food incidental 10 its preps ration cr use for human con- sumpti(n; b) "Refuse" shall mean all solid waste from residential or business premises. It Shall include semi-liquid or wet wastes but must not be free flowingit shall not include any construction materials except minor amounts incidental to other wastes. (c) "Owner" shall mean, in addt- ti(n to the record titleholder, any person residing in, renting, leasing, occupying, Operating or transacting business in any premise and as be. tween such parties the dunes, respon- sibilities, liabilities and obligations hereafter imswscd shall be Joint and several. d) "Residential premises" shall mean and include single family dwell - Ings and any multiple family dwell - Ing up to and including six (6) separ- ate lam.ly quarters. Garden type aparhousing units shall be cons dents and roweredP resident al l num. be premises atms Of the s) ofsuch of unit which may be Included in a given housing development. lel "Commercial and bislnes3 premises" shall mean and Include: Ie) multiple family dwellings exceed, Ing six (6) separate family Quarters except as qualified by paragraph (d) above; (b) ordinary commercial and business places; and (c) schools, nor petals, colleges, churches, nursing homes and other sem'-public institu• I ions. Section 2. The City Manager Is hereby. authorized and directed to em. uip- Mentcity andowned the necesslalryand operating personnel to collect garbage and, ries,- fuse e- tere titre progrtam) aesS provided for In this ordinance In the City of Da- buave, upon tho following terms and conditions (a) Collections shall be made not more uh time and Pin twice areas of the klat sciiy paredalbybtheeCityt In Manager. pre (b) City garbage and refuse cob e lectionfrom in Sen "residential shall rbeman- tdhlistrsub eciepn as feealofieOneelow Dollar and seventy Viva cents (61.75) Ver month shall be charged by the City of DebuQue, Iowa, and collected from each "owner" of a 'residential Prem - Ise" for 1rr1971. Sach id charge pr fee Shall be in ofytr collection and dis- posal garbageend refuse as de- fined. Exceptions to the established c01• lection charge from the, prem- ises" are as follows: 1. When a "residential premise" halOf three bconsecutive months orn vacant for a rllo ger the "owner" may apply for a credit under procedures to be established shell econtin ea only long casptthe "residential premise" is vacant. 2. A "residential premise" when the head of household Is 65 years of age or older and withpp per family an. nual income of 54000 crless may, one half h(t"z)tithe establiestablished pled tion charge. 3. "'Calls of extreme financial hardship the City Manager may and is hereby authorized and empower- ed to make adiustments in the month. Iv c.11eclicn charge. In all such cases the City Mana- ger shall have the authority to re- quire such proof of vacancy, finarr, cial status, age or extreme hardship as he may deem necessary. C) The City shall continue to col- lect from "commercial and business Premises" currently receiving such service. The charge for such collec- ti;n service shall be based upon the average weekly quantity of garbage and refuse being collected as deter- mined by the City Manager. The rate Charged shall be a multiple of the rate charged "residential premises' set forth in Section 2 (b) as follows. Zero (0) to 120 gallons of garbage and refuse per week shall be charged the residential premises rate times 1.00. The next 120 gallons per week or fraction thereof shall be charged the residential premises rate times .75. All additional units of 120 gallons per week or fraction thereof shall be charged the residential premises rate times .50. "Commercial and business prem- Ises" no longer wshing to be served by city garbage and refuse collection shall provide the city with 30 days written notice of Its intent to ter. minate the service. Such termination of service shall be effective with the next tiding period. "Commercial and business prem- ises" not now served by city gar- bage and refuse collection services may apply for such collection services from the City Manager. The collec. tion rate will be determined from the fee schedule set forth above in this Subsection. The city reserves the right 10 re- fuse garbage and refuse collection Service because of gUanldies or Char- acteristics beyond the capacity or capability ndipment (d) The City Manager Is hereby authorized and empowered to change or om time amend timeoalschen in his discretion, shall deem necessary. e) Whore collections are made from alleys, garbage and refuse containers shall be Placed at the property line ebUting the alley on the days desig- nated In Such schedule. (1) Where collections are made from the street, garbage and refuse con- tainers shall be placed in the street on the property side of the curb on the days designated In said sched- ule. However, such containers shall placedbe ottfic wiithehicularr and pedestrianraf tly reoe1eshall P mvdby thoccupant of the premises. to) The quantity Of Qarbage and refuse to be collected by the city shall not exceed 12o gallons per and kefor each ach separsingle te family qua teriss`In andtf including sax (6) dwelling einem Ily quarters. Section 3. Initially, the City Mana- er shall bill for collection service Ifrom a list developed from the Water Department customer list. Subse- %ently, the City Manager Is au- rCque5pl of the 10 property owner ace Ilshed byt0 a the City Manager. Ture to heastab- proP- erIv owner in such cases shall agree toprovide data frlctyero e lc O10itenants r sewer service the city shall bill the "owner." "Residential premises" accounts shalt be billed bi-monthly. "Business and billedmonthrlylaAll collections chall rges arc• payable in advance. Section 4. The collection of garbage and refuse as provided by this orcil- nance from 'residential premises" as elf hied in availability lOf suchlrtservice 528 Special Session, December 14, 1970 whether or not such service Is used regularly or not at all by the "own- er" of such "residential Premises." Is hereby declared a benefit to the said Premises at least equal to the monthly charges specified in this ordinance and in case of failure to pay the monthly charge when bill- ed, as heretofore provided, then the monlhiy charge shall become a lien against the property benefited or served and shall be collected In the same manner as general Property taxes. Section S. At least annually the City Manager shall prepare a "de- linquent list" of persons falling to Pay the monthly charge required by this ordinance listing the residential Premises for which the service was rendered and the amount due there - charges to the properties so benefit - led. Such resolution, properly passed by the City Council, shall be certified by the City Clerk to the County Au. ditor and same shall then be collect- ed with, and In the same manner, as general property taxes. Section 6. Refuse shall be Placed In suitable containers. However, it shall not be necessary to place books, boxes, magazines or newspa- pers in containers provided they are securely tied in bundles or complete- ly contained In disposable boxes not longer than 20x30x36 inches. Also, tree limbs and branches may be se- curely tied in bundles not longer than 48 Inches long and 18 Inches in diameter. Refuse containers and garbage con. tainers shall be not more than 31 gallons nor less than 9 gallons in capacity; except when only one con. tainer Is used, In which case this container may be less than 9 gallons In capacity. Such containers shall be waterproof and fitted with a tight lid. The containers shall have handles, bails or other suitable lifting device or feature. The containers shall be of a type originally manufactured for refuse or garbage, with tapered sides for easy emptylny. They shall be of light weight and sturdy con- struction. The weight of any Individ- ual container and contents shall not exceed 75 pounds. Galvanized Iron and similar metal containers, rubber or fiber glass containers, and plas- tic containers which do not become brittle in cold weather, may be used. Disposable bags manufactured for garbage and refuse disposal shall be acceptable. Oil or grease drums, Paint cans, and similar salvaged containers shall not be acceptable. Baskets, boxes and non -complying refuse or garbage cans or containers shall be considered disposable refuse and shall be removed by the collec. tion crews If they are the proper size tion; Dore shell beclef buncollectedeit they are larger than the allowable size or unacceptable for collection. Section 7. Within the corporate limits of the City of Dubuque, all garbage or refuse, consisting of waste animal and vegetable matter, which may attract flies, dogs or rodents, wrapped drained for at excess con. tainers, and Placed or stored, until collected, in covered suitable contain- ers as described in Section 6 above. Section 8. It shall be unlawful for any Person to Permit to accumulate on any Premi s, Improved or vacant, or on any public place In Me City of Dubuque, such quantities not f that shell In the opinion of the health officer, const(tlute a health or sanitation haz- ard. Section 9. I1 shall be unlawful for any Person to accumulate quantities of refuse, papers, trash, ashes, or other waste materials within or clnse to buque, unlelss thelnsame Islt stored Io. n containers in such a manner as not to create a health or fire hazard. Section 10: No person firm, or Corporal shall g engage in the busl- orsrefuse fromithe promises of otheers unless such Person, firm or corpora- tion shall have first applied for and received a permit to do so from the City Manager. The Issuance of this license shall be In the manner pro scribed and subject to the terms of Ordinance 3.33 of the City of Du. buque, Iowa. Application for such Permit shall specify the equipment of vehicles to be used, the route to be traveled, the places to be served and the name and residence of the applicant, and such person, firm or corporation shall Pay an annual li- cense fee of Twenty-five Dollars ($25.00) per year for each vehicle en- gaged in such business to be Paid at the office of the City Treasurer in the City of Dubuque, Iowa. All ve. hicles licensed under this section shall Prominently display the license number on the left and right sides of the vehicle in letters not less than 3" high. Section 17. No person, firm or cor- poration shall haul any garbage or refuse upon the streets, alleys or public places of the City of DJbjque unless same shall be in approved containers, securely fastened to Pre- vent spillage, or In a totally enclosed watertight vehicle. If, however, the material is dry type material It may be hauled In a totally enclosed ve- hicle, or open vehicle which is cover. ed with a suitable tight fitting can- vas larpulin or similar cover to pre- vent spillage. Licensed collectors who collect and haul garbage and/or refuse shall haul these materials onlyIn totally enclosed, watertight vehicles or totally enrlosed vehicles with watertight containers. All ve. hicles used for the o-Ilection and re- moval of garbage and refuse shall be kept In a clean, inoffensive, and sanitary condition. All garbage and refuse shall be handled In such a wav as to Prevent the scattering, spilling or leakage of same. Section 12. No person, firm or cor- poration shall haul or cause to be hauled any garbage, refuse, or other waste material of any kind, to any dumping place, or site or Amer with- in the corporate limits of the City of Dubuque or within any distance of the corporate limits rf the city over which the city has legal jurisdiction, unless such place, site or ore, is first approved by the City Council of the City of Dubuque. Section 13. No Person, firm or cor. Poratlon shall deposit In a garbage or refuse container or otherwise of. fer for city collection any hazardous garbage, refuse, or waste. Hazardous materials shall be transported by the owner, responsible Person or his agent, to a place of safe deposit or disposal as Prescribed by the Clty Manager or his authorized representa- tive. Hazardous materials shall In- clude: explosive materials; rags or other waste soaked In vrlatile and inflammable materials; drugs; Pol. sons; radioactive materials; motion Picture film and similar highly com- bustible materials; soiled dressings, clothing, bedding and/or other wastes, crntaminated by Infection or con- tagious disease; and other materials which may present a special hazard to collection or disposal personnel or equipment or to the Public. Section 14. No person, firm or cor- poration shall throw, rake, denrisit. dump,drop or split litter, waste material or foreign material upon the streets, sidewalks, rights-of-way or any public or nrivafe prouertv within the City of Dubuque. However, the City Manager at his discretion may Proclaim a period when leaves may be placed In street rights-of-way for collection. Section 15. Ordinance 38.53 and Or- dinance 3.68 are hereby repealed. Section le. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Section 17. If any section, sentence or part of this ordinance Is for any reason 'teld Invalid or uncrnstitution- al, such decision shall not affect the validity of the remaining Portions of this ordinance. Section 18. Any Person, firm or cor. of violating ordinance the shall pro- visionsbe Special Session, December 14, 1970 529 deemed guilty of a misdemeanor and shail be punished by a fine of not Disposal Site or disposal facility oper. aced by or for the City except more than S100.D0 or be Imprisoned for not more then 30 days. upon the payment of a fee for such use, Any Section 19. This ordinance shall be revenues, derived from such fres shah be deposited In a fund in full force and effect from and which shall be known as The "Gar. after January 1, 1971. Passed, bags fund sRefuseshall Disposal" ." pay approved and adopted thls 11th day of December, 197D. i. Tett and indirect costs arising out of Donald R. Meyers the ownership or operation of Gar - bage and Refuse Disposal Facilities. Mayor The Schedule of fees shall be as Walter A. Pregler Wayne A. Moldenhauer folicws: CATEGORY FEE Gaylord M Couchman 1. Vehicles with solid Inert waste Joseph J. Bitter suitable for cover material Free Councilmen 2. Passenger Cars and non-com- ATTEST: Leo F. Frommett merc.al station wagons Free 3, Vehicles Owned by City Park City Clerk Department, City Water De - Published offlcaliv in The Telegraph- Herald Newspaper this 18th day of partment, City Recreation De - partment and other City own - December 1970. ed vehicles designated by the City Manager Free Leo F. Frommett City Clerk. 4. Ccmmerclal station wagons. S .50 5. Trucks with rated capacity of it. 12118 less than 3 tons. S .50 6. Trucks with rated capacity of Councilman Bitter moved final 3-5 tons, Inclusive. s 7.00 adoption of the Ordinance. Sec- 7. Trucks with rated capacity of 6.10 tons, inclusive. s 3.DD onded by Councilman Couchman. 8. Trucks with rated capacity of 11-20 tons, inclusive. S 6.00 Carried by the following vote.: 9. Trucks with rated capacity Yeas — Mayor Meyers, Coun- over 20 tons, (15.00 In lieu of the schedule of fees cilmen Bitter, Couchman. Molden- contained herein, the City Manager is authorized to issue a permit for hauer, Pregler. the use of Public Sanitary Landfill Nays—None. sites by any person, firm or corpora. lien upon the payment of a lump sum amount for Quarterly or annual use. ORDINANCE NO. 67.70 The payment shall be equal to the amount which the City Manager may An Ordinance Amendinq Ordi- which awould havequbeen0 paid had nanee No. 4-68 B Repealing Sec• Y P 9 individual fees been paid for each we. He is also authorized to Issue tion 12 Thereof and enacting acoupons nr tickets which may be new section 12 in lieu thereof of theesit sin advance for later use to establish fees for the use of where, in the ludgment of the City the public landfill, Council. special conditions exist sur - rounding the use of a Public Sanitary presented and read. Landfill site the application of the fees charged for the use of such a Councilman Bitter moved that slte would be inequitable and unfair either to the City or to the user,,the the readinG just had be considered Chy Council may establish a special t0 Such the first reading; of the Ordinance. fee applying such users, special fees when adopted by ordl- Seconded by Councilman Couch. pence of the City Council shall apply to all users of the site under like Carried by the followin coThe P:' ndiman. prpvisons of this section shall The vote: be in full force and effect January Yeas — Mayor Meyers, Coun 1, 1971." Passed, approved and adopted this cilmen Bitter, Couchman, Molden- 14Th day of December, 1970. hauer, Pregler. °may rR. Meyers Nays—None. Walter A. Pregler Wayne A. Moldenhauer Councilman Bitter moved that Gaylord M. Couchman Joseph . Bitter the rule requirine an Ordinance en ATTEST: to be read on three separate days me LeCotty he waived. Seconded by Mayor C arkn Published offlcaliv in The Telegraph- by the following Herald Newspaper this 18th day of Mevers. Carried December 1970. vote: Leo F. Frommelt Yeas — Mayor Meyers, Coun- city Clerk. n. 12i1e cilmen Bitter, Couchman, Molden- Councilman Bitter moved final hauer, Pregler. adoption of the Ordinance. Second- Nays—None. ed by Councilman Couchman. Car. Ordinance No. 67.70 Tied by the following vote: An Ordinance amending Ordinance N0. 468 by repealing Section 17Yeas — Mayor Meyers, Coun- thereof and enacling a new Sectlon 17 In lieu thereof to establish fees for cilmen Bitter, Couchman, Molden- the use of the public landfill. hauer, Pregler. Now therefore be It ordained by the City Council of the Ity of Dubuque, Nays—None. Iowa Sieclkn 1. That Ordinance No 4-68 theshereA nr a Petition of Marvin Nielsen of beand repealing Section 12 by i In lieu 1284 W. 5th St. requesting 8CtI0A enacting a new Section 12 thererf as follows• be taken as to control of occupan- "Section 12 No person, firm or the rooming house at 1270 corporation PubliceSanitary aLanldfl cy of any 530 Special Session, December 14, 1970 W. 5th Street, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and staff for investi- gation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Petition of A-1 Plumbing Cool- ing & Heating Co. requesting a re- fund of $2300 which was paid for plumbing permits but were never used presented and read. Council- man Bitter moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. November 30, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed the final plat of Block 8 in "Dubuque Down- town Plaza", in the City of Dubu- que, Iowa, and the Subdivision of City Lot 169 in the City of Dubu- que, Iowa. The Commission has found that the plats are in accord with the Urban Renewal Plan for the City of Dubuque, Iowa, and meet with the minimum requirements of the Ordinance. It is the recommendation of the Commission that the plats be ap- proved. Respectfully submitted, City Planning and Zon. ing Commission Don Gilson City Planner Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays -- None. RESOLUTION No. 389.70 SUBDR'IDING CERTAIN LOTS IN TIIE DOWNTOWN URBAN RENEWAL. PROJECT A R E A FOR PUBLIC RIGHT-OF-WAY AND OTHER PURPOSES WHEREAS, under dale of July 26, 1967, the City of Dubuque and the United Slates of America en. tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15: and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occu- pants, demolished and removed Site improvements, and has other- wise prepared certain land for re- use purposes; and WHEREAS. a plat subdividing certain lots for public richt-of-way 'cnd other purposes has been exa- mined by the City Council of the Wily of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zo- ning Commission of the City of Du- buque, Iowa, and has its approval endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Dubuque, governing the subdivi- sion of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED BY THE CITY C:OUNCII. OF THE CITY OF DU- 1.1UQUE, IOWA: Section 1. That the plate dated October 30, 1970, of the subdivi- sion of City Lot 169, in the City of Dubuque, Iowa, by Carl F. Bartels, Licensed Professional Civil Engi- neer and Land Surveyor, be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and di- rected to file a copy of this Resolu- tion in the Office of the County Recorder in and for Dubuque Coun- ty, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. _..A!11111111111111 Special Session, December 14, 1970 531 Passed, approved and adopted of the subdivision of City Lot IN, this 14th day of December, 1970. in the City cf Dubuque, Iowa, by Donald R. Meyers Carl F. Bartels, Licensed Profes. Mayor sional Civil Engineer and Land Sur - Walter A. Pregler veyor, be and the same is hereby Wayne A. Moldenhauer approved, and the dedications of Gaylord M. Couchman said Lot for public street purposes Joseph J. Bitter as West Ninth Street with ease - Councilmen ments for public utilities as the Attest: same appears upon said plat, be Leo F. Frommelt :ind the same are hereby accepted. City Clerk Section 2. That the Mayor and Councilman Couchman moved City Clerk be and they are hereby adoption of the resolution. Second- authorized and directed to execute ed by Councilman Bitter. Carried said plat for and on behalf of the by the following vote: amity of Dubuque, Iowa. Yeas — Mayor Meyers, Council Section 3. That the City Clerk be men Bitter, Couchman, Molden• :ind ii hereby authorized and di- hauer, Pregler. rected to file a copy of this Re - Nays — None. solution in the Offica of the Coun- ty Retarder in and for Dubuque, RESOLUTION No. 99079 County, Iowa, and in the Office of DEDICATING CERTAIN LOTS the City A44essor in and for the IN THE DOWN I OWN URBAN City of Dubuque, Iowa. RENEWAL PROJECT AREA Passed, approved and adopted FOR STREET PURPOSES this 14th day of December, 1970. WHEREAS, under date of July Passed, approved and adopted 26, 1967, the City of Dubuque and this 14th day of December, 1970. the United States of America en- Donald R. Meyers tered into a Loan and Capital Mayor Grant Contract for the undertaking Walter A. Pregler of the Downtown Urban Renewal Wayne A. Moldenhauer Project, Iowa R-15; and Gaylord M. Couchman WHEREAS, the City of Dubu- Joseph J. Bitter que, pursuant to the Urban Rene- Councilmen wal Plan for said Project, has ac- Attest: quired real estate, relocated site Leo F. Frommelt accupants, demolished and re- City Clerk moved site improvements and has Councilman Couchman moved otherwise prepared certain land adoption of the resolution. Second - for reuse purpose; and ed by Councilman Bitter. Carried WHEREAS, a plat dedicating by the following vote: certain lots for street purposes has Yeas — Mayor Meyers, Coun- been examined by the City Coon- oilmen Bitter, Couchman, Molden- cil of the City of Dubuque, Iowa; hauer, Pregler. and Nays—None. WHEREAS, said plat has been examined by the Planning and Zo- RESOLUTION No. 391.70 ning Commission of the City of Du- Approving a Plat in Dubuque Plaza in the City of buque, Iowa, and has approval en- Downtown dorsed therean; and Dubuque, Iowa. date of July WHEREAS, said plat conforms WHEREAS, under the City of Dubuque and to the laws of the State of Iowa, 26 1967, of the City of the United States of America en - and the ordinances Dubuque, governing the subdivi- tered into a Loan and Capital Grant the undertaking of sion of real estate in the City of Contract for Urhan Renewal Pro - Dubuque, Iowa, now therefore the D)wntown Iowa R-15; and BE IT RESOLVED BY THE CITY ject, COUNCIL OF THE CITY OF DU- of ubuque, Renewal BUQUE, IOWA. t uW ua REASt to the Urban D Project, has acquired Section 1. That the plat dated Plan for said 2 real estate, relocated site occw October 3% 1970, dedicating Lot 532 Special Session, December 14, 1970 pants, demolished and removed site improvements, and ha; otherwise prepared certain land for reuse purposes; and WHEREAS, a plat of Block 8 in Dubuque Downtown Plaza being comprised of Lot 1 of City Lot 169. in the City of Dubuque, Iowa, ha,4 been examined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zoning Commission of the City of Dubuque, governing the subdivis- ion of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the plat of Block 8 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, dated October 30, 1970, by Carl F. Bar- tels, Licensed Professional Civil Enzineer and Land Surveyor, be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and di- rected to file a copy of this Reso- lution in the Office of the County Recorder in and for Dubuque County, Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 14th day of December, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following rote: Yeas — Mayer Byers, Council. n*n B_'ter. Coachman. Molden- halter, Pregler. Nays — \one. Cbmmaawatim of T'inte Finance for the peuthase of Urban Renewal Corporation submitting a proposal land at the northwest corner of Seventh Street and Central Aeve- nue, to construct a one story of- fice building, presented and read. Councilman Bitter moved that the communcation be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. RESOLUTION No. 392-70 Declaring intent to sell a por- tion of the Downtown Urban Renewal Project, Iowa R-15, to Time Finance Corporation WHEREAS, under date of Au- gust 4, 1969, the Council of the City of Dubuque approved and authorized the receiving of pro- posals for the sale and redevelop- ment of certain parcels of real es- tate in the Downtown Urban Re- newal Project, Iowa R•15, and WHEREAS, in response to said offering, a proposal for the pur- chase and redevelopment of a por- tion of the Project Land was re- ceived from Time Finance Cor- poration and WHEREAS. pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, and certain regulations of the Department of Housing and Urban Development. certain doc- uments must be made available for public inspection and a public hearing conducted; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Du- buque hereby declares its intent, after a public hearing, to dispose of South 79 feet of the East 85.18 feet of Lot 1 of Block 3 in Du- buque Downtown Plaza in the City of Dubuque, Iowa, also known as South 79 feet of the East 85.18 feet of Disposition Parcel I of Block 3 to Time Finance Corpora- tion in accordance with the terms of the Disposition Documents governing such sale on file in the office of the Department of Ur- ban Renewal. Section 2. That the City Clerk be and is hereby authorized and di- rected to publish notice of public Special Session, December 14, 1970 5 33 hearing to be held on January 18, 1970 and to make certain docu. ments available for public inspec. tion. Such notice shall be sub- stantially in the form of Exhibit "A" attached hereto and made a part hereof, and such notice may cover one or more proposals. Passed, approved, and adopted this 14th day of December, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Len F. Frommelt City Clerk EXHIBIT "A" Legal Notice of Hearing Pursuant to Chapter 103 of the 1966 Code of Iowa, as amended, the City Council of the City of Dubuque will hold a public hear- ing for the purpose of considering the authorization of the execution of proposed agreements by and between the City of Dubuque and the developers hereinafter listed for the purchase and redevelop- ment of certain parcels of real es- tate located in the Downtown Ur- ban Renewal Project, Iowa R-15, which project includes the area bounded by Fourth Street on the south, Central Avenue on the east, Ninth Street on the north, and Lo- cust Street on the West. Name and Address of Developer: Time Finance Corporation, 221 West 9th Street, Dubuque, Iowa Said hearing will be held in Council Chambers, City Hall, 13th and Iowa Streets, Dubuque, Iowa. at 7:30 P.M. on the 18th day of January, 1971, and any person or organization desiring to be heard will be eiven an opportunity to be heard on the question of the pro- posed dispositions. A "Redeveloper's Statement for Public Disclosure" in the form prescribed by the Department of Housing and Urban Development and the proposed "Disposition Agreement" for each of said de- velopers are on file and available for inspection at the office of the City Clerk, City Hall, Dubuque, Iowa between 8:00 A.M. and 5:00 P.M. except Saturdays, Sundays, and holidays. Said documents shall also be available at the time of the public hearing. Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council. man Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 393.70 Authorizing the chargeoff of accrued delinquent rentals In connection with the Downtown Urban Renewal Project, Iowa R•1S WHEREAS, in the administra- tion of the Property Management Program, rentals are accrued and collected from occupants of pro- perty purchased by the City of Dubuque in the execution of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, there has accrued certain delinquent rentals which in the best interest of the project should be charged -off; now there- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That it is hereby found and determined based upon the records maintained by the De- partment of Urban Renewal in connection with the accrued de- linquent rentals hereinafter listed that there is no reasonable pros- pect of collection in that the prob- able costs of further efforts to collect would not be warranted. Account No. Amount 130A $40.00 254 40.00 Section 2. That the Director of Urban Renewal be and he is here- by authorized and directed to charge off in the appropriate ac- counting records for the Down. town Urban Renewal Project Iowa R-15, the aforementioned delin- quent accrued rentals. Passed, approved and adopted 534 Special Session, December 14, 1970 this 18th day of December, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 317-70 WHEREAS the City Manager has reported to the City Council that the buildings and premises located on Lot 5 in Union Addition owned by Miss Adeline Studier, Mrs. Emma DeTablan, and known as 942 Dodge Street in the City of Dubuque, Dubuque County, Iowa, are dangerous to life and health because of their condition and that demand has been made by him upon Miss Adeline Studier and Mrs. Emma De Tablan, 503 29th Street, Rockford, Illinois 61100 as owners of said property that the condition complained of be cor. rected and that said owner has failed to correct the conditions within the time provided by the notice; and, WHEREAS on August 24, 1970, the City Council set said report down for hearing at 7:30 o'clock P.M. Central Daylight Time Sep• tember 21, 1970, in the City Coun. cil Chamber in the City Hall in the City of Dubuque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing; and, WHEREAS it appears by return of service now on file In the re- cords of the City Council that no. tice of said hearing was given by serving by Registered Mail on Miss Adeline Studier and Mrs. Emma De Tablan on August 26, 1970, and by publication in the Telegraph Herald newspaper on August 28, 1970, and WHEREAS pursuant to said no. tice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Daylight Time on September 21. 1970, in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above described real estate were afforded an opportunity to be heard and witnesses concerning the condition of the property and the hazard was heard; and, WHERF,AS the Council has duly considered the testimony of the witnesses and viewed the premises and has reached its determination. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structures known as Lot 5 Union Adn. locat. ed at 942 Dodge Street, Dubuque, Iowa in the City of Dubuque, Du- buque County, Iowa, be and the same are hereby found and de- elared to be dangerous to life, health and property and a nuis- ance; Section 2. That the City Mana- ger be and he is hereby authorized and directed to cause the struc- ture known as 942 Dodge Street and located on Lot 5 in Union Ad- dition in the City of Dubuque, Du- buque County, Iowa, to be dis- mantled and removed. Section 3. That upon completion of said work, the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section S. That the City Clerk be and is hereby directed to re- cord a certified copy of this Reso- lution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 14th day of December, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Special Session, December 14, 1970 535 Councilman Bitter moved adop. tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of I,evy of Special Assessment and intention of the Council to issue bonds to pay for construction of City of Dubuque 1970 Bituminous Concrete Paving Project No. 1 on the follo%ving named streets: 1. Eagle Point Park -- Roadway 325' extension. 2. Fenclon Place— from the E.P.L. of Raymond Place. 3. Kane Street — from the W.P.L. of Carter Road west to the end of the street. 4. Key Corners --- from the W.P.L. of Sharon Drive to the E.P.L. of Richie Drive. 5 Keymont Drive — from the E.P.L. of Key Knells Subdivision to the W.P.L. of Key Knolls Subdivision. 6. Key Way --- from the N.P.L. of Penn- sylvania Avenue to the N.P.L. of Lot 6 Block "A" of Key Knolls Subdivision. 7. Lea Lane — from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Key Corners. 8. Richie Drive — from the N.P.L. of Pennsylvania Avenue to the S.P.I.. of Key Corners. 9. Sharon Drive — from the N.P.L. of Penn- sylvania Avenue to the S.P.L. of Key Corners. 10. Veterans Park Road -- from the W.P.L. of Balboa into Veterans Park. 11. Vizalea Drive — from the N.P.L. of Penn- sylvania Avenue to the S.P.L. of Keymont Drive. Councilman Bitter moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter. Couchman, Molden- hauer, Pregler. Nays — None. Statement of City Clerk certify inv that notices of levy were mail- ed to property owners of record by certified mail on November 18. 1970, subject to assessment to pay for cost of constructing City of Dubuque 1970 Bituminous Con- crete Paving Project No. 1, pre• stinted and read. Councilman Bit- ter moved that the statement be received and filed. Seconded by Mayor Meyers. Carried by the fol. lowing vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. Statement of Ray Rampson cer- tifying that notices of levy were Posted on December 1, 1970 in the assessable area of the City of Du. buque 1970 Bituminous Concrete Paving Project No. 1, presented and read. Councilman Bitter moved that the statement be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No, 39470 SCHEDULE OF ASSESSMENTS RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for construction of CITY OF DUBUQIIE BITUMINOUS C 0 N - CRETE PAVING PROJECT NO. 1, by Mulgrew Blacktop Inc., Con- tractor in front of an adjoining the same. a special tax is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set oposite each lot or parcel of real estate, as set forth in the fol. 1(ming schedule. CITY OF DUBUQUE 1970 BITUMINOUS CONCRETE PAVING PROJECT NO. 1 Construction Cost ............$62,081.44 Less City Sbare .............. 43,944.75 Assessable Amount ........ 18,136.69 10% Engineering Exp..... 1,813.67 5% Interest -52 days .... 130.99 Total Assessable Amount 20.091.35 Citv Share ........................ 43,944.75 Total Cost ........................ 64.026.10 For Fenelon Place 1970 Bituminous Project from the E.P.L. of Burch Street to the E.P.L. of Raymond Place with Bituminous Concrete Paving Claribel Hutton, Lot PTB, Fortunes Sub . .................. 248.27 536 Special Session, December 14, 1970 Claribel Huton, Lot 9, For- I cont: Robert E. Osten tunes Sub . ........................ 412.31 Dorothy K. O'Rourke, Lot Edward ,1. & Macella L. S50' -S129', Kiene & Block - Weber, Lot 10, Fortunes lingers Sub . ...................... 137.47 Sub . .................................... 412.31 Gertrude Murphy (surviv- cont: Thomas R. & Mary or), Lot S -38' -N -79'-S1291, C. Rettenmeier Sub. Lots 4, 5 & 6 ............ 54.84 Duane Wilson, Lot 11, For- Thomas A. & Margt. Dono- tunes Sub . ....................•... 412.31 van, Lot N -41'-N-791-5129', Duane Wilson, Lot 12, For- Sub. Lots 4, 5 & 6 ............ 37.60 tunes Sub . ........................ 412.31 Michael J. & Opal S. Dug - Lucille Marie Danglemeyr, gan, Lot N-62', Sub. Lots Lot 13, Fortunes Sub. .... 412.31 4, 5 & 6 .............................. 9.40 Lucille Marie Danglemeyer, Julien Improvement Co: Lot 14, Fortunes Sub. .... 412.31 Cont: Thomas L. & Mary Leo E. Jeambey, Lot 15, Knepper I of S281.6" S58' Fortunes Sub . .................. 439.36 S75' -S98' Sub Lots 1, 2 & Joyce Diane & Herbert F. 3 .......................................... 107.45 Honey, Lot E.%.16, For- Elizabeth 11. Chamberlain, tunes Sub . ........................ 219.68 Lot N23'6" - S52' - S75' - Richard C. & Maxine Breit- 598.51, Sub. Lots 1, 2 & 3 42.30 houpt, Lot W%-16, For- Larry K. & Nancy L. Mohr, tunes Sub . ........................ 219.68 Lot N23'6" - S75' . S98.5', Nicholas C. & Ann M. Sub. Lots 1, 2 & 3 ............ 30.76 Kean, Lot E%-17, For- Charles R. & Ann H. Good - tunes Sub . ........................ 219.68 in, Lot N2396" - S52% Sub. Nicholas C. & Ann M. Lots 1, 2 & 3 .................... 57.39 Kean, Wye -17, Fortunes Joseph B. & Mildred E. 1.u. Sub . .................................... 219.68 kens, Lot S2311" - N100% Nicholas C. & Ann M. Sub. Lots 1, 2 & 3 .......... 25.56 Kean, Lot E5'-18, For- Amelia Demmer, Lot S16'5" - tunes Sub . .......................... 43.95 N70'4" - N100% Sub. Lots Eldon Hutton Eta] cont: 1, 2 & 3 .............................. 16.16 Brent & Carol Postel, Lot Arthur E. & Marie R. Hurl - W45' -18 Fortunes Sub..... 395.41 burt.. Lot N53111" - N70'4" Brent & Carol Postel, Lot N100% Sub. Lots 1, 2 & 3 2.14 E16.6'-19, Fortunes Sub. .... 144.97 Robert K. & Judith Ann Bureau of Education of Wright, Lot E.40'-15, Pros - Archdiocese of Dubuque, pect Hill Add . .................. 329.85 Lot W31'6"-19, Fortunes James M. & Sally J. Plein. Sub . .................................... 294.39 cont: John T. & Dolores Bureau of Education of M. Farley. Lot W.10'-15, Archdiocese of Dubuque, Prospect Hill Add. .......... 82.46 I.ot 1-20, Fortunes Sub. .. 281.85 James M. & Sally J. Plein. Bureau of Education of cont: John T. & Dolores Archdiocese of Dubuque, M. Farley, Lot E.40'-16, Lot 2-20, Fortunes Sub. .. 157.17 Prospect Hill Add. ........ 329.85 Bureau of Education of Bess B. Bogue, Lot W.10'_ Archdiocese of Dubuque, 16, Prospect Hill Add. 82.46 Lot E22'6"-21, Fortunes Sub . .................................... 171.36 ... Bess B. Bogue, Lot 17, Pros - Alfred & Victoria Finch, Peet Hill Add. 412.31 Lot 1-1, Summit St. Sub. 27.39 Midwest Mortgage Co. contr: Donald L. & Anna Mae Con- Donald R. & Dorothy K. lon Lot 2, Summit St. Freeman, I.ot 18, Pros - Sub . .................................... 37.11 Peet Hill Add. .................. 412.31 Irvin C. & Lillian T. Renier, Roger J. & Joan Bertsch, Lot 3, Summit St. Sub. .. 70.09 Lot 19, Prospect Hill Milton Andrew & Milton Add . .................................... 412.31 Fred Boyes, Lot 1.4, Sum- Grace Browne, Lot 20, Pros - mit St. Sub . ...................... 68.03 Peet Hill Add. .................. 412.31 Joseph B. & Mildred Lu. A. Harmison and Edna E. kens, Lot 1.5, Summit St. Wunderlich, Lot 21, Pros. Sub . .................................... 36.04 Peet Hill Add. .................. 412.31 Special Session, December 14, 1970 537 Gerald J. & Margaret A. Carri, Lot F..25'-22, Pros- pect Bill Add . .................. 206.16 Gerald J. & Margaret A. Carri, TAt W.25'-22, Pros- pect Hill Add . .................. 206.16 L.D. Kascel a/k/a/Lavern D. Kascel, Lot E.38'-23, Prospect Hill Add. .......... 313.36 Julien Improvement Co. enntr: Charles W. & Bev- erly A. Ililgert, Lot W. 12'-23, Prospect Hill Add. 98.96 Charles W. & Beverly A. Ifilgert, Lot 24, Prospect Hill Add . .........................412.31 John A. Cunningham Jr., Trustee. Lot 25, Prospect Bill Add . ............................ 263.88 John A. Cunningham Jr., Trustee. Lot 26, Prospect Hill Add . ............................ 412.31 Anton G. & Marie Schaef- ers. Lot 27, Prospect Hill Add..................................... 358.80 Florence Dunne & Pearl O'Hare. Lot 28, Prospect Hill Add ............................ 358.80 Viola Hardimon contr: Lyle E. & Juanita L. Dague, Lot 29, Prospect Hill Add . ............ I............... 437.55 Dean H. & Patricia Thul contr: Karl V. & Nancy L. Williams, Lot 30, Pros- pect Hill Add . .................. 437.55 Harold 0. & Gertrude M. Howes, Lot 31, Prospect Bill Add•437.55 ........................ C. George & Dorothea L. Biasi-contr: George R. Jr. & Vancine C. Baker, Lot 32, Prospect Hill Add..... 437.55 C. George & Dorothea L. Biasi-contr: George R. Jr. & Vancine C. Baker, Lot 33, Prosnect Hill Add. 437.5! James H. & Helen B. Mc- Fadden, Lot 34, Prospect 437.5; Hill Add. .. ............... . James H. & Helen B. Mc- Fadden, Lot 35, Prospect Hill Add. •••• 437.5; .................. . James H. &Helen B. MC* Fadden, Lot W.10' 36. Prospect Hill Add. .... 87.4' Charles G. Est. & Rose F. Kunz, Lot E.15' . W•y4 36, Prospect Hill Add. .... 131.2 Charles G. Est. &Rose F. Kunz, Lot F..'/2 - 36, Pros. pect Hill Add. 218.7 Charles G. Est. & Rose F. Kunz, Lot 37, Prospect Hill Add ............................. 437.55 -)orothy Frances Cassidy, Lot 38, Prospect Hill Add . .................................... 436.15 Dorothy Frances Cassidy, Lot W50'-39, Prospect Hill Add ............................. 430.13 Arthur F. Nagel, Lot E70'- 39, Prospect Hill Add..... 601.40 4obert K. & Judith Ann Wright, Lot W10'41A, Prospect Hill Add. .......... 82,46 Elizabeth K. Bane Sigman cont: Thomas D. Jr. & Tatiana O'Rourke, Lot F10'41A, Prospect Hill Add . .................................... 82.46 Thomas D. Jr. & Tatiana O'Rourke, Lot W23%'41, Prospect Hill Add. ........ 193.80 James H. & Helen M. Mc- Fadden, Lot 1 -W66'8" -E 76'8"41, Prospect Hill Add. .................................. 483.65 Richard & Gladys Maenall, Lot 2 - W66'8" - E76'8" - 41, Prospect Hill Add..... 66.39 Dorothy T. Huntoon (Sur- vivor), Lot 1, Fenelon Point.................................. 612.13 William & Janet Porter, Lot 2, Fenelon Point ...... 494.79 Catholic Charities of the Archdiocese of Dubuque, Lot 2.1, City Lot 692 ...... 859.10 20,081.35 2106 cu. yds. Excavation (unclassified) n $1.35 2,843.10 1200 gals. Prime Coat MC -70 0 0.25 ................ 300.00 317.5 tons Bituminous Binder Course a 11.66 3,702.05 279.5 tons Bituminous Sur- face Course ', 12.04 .... 3,365.18 1895.05 tons 3'4" Stabil- ized Rolled Stone Base Ca- 3.92... 7,428.60 ....................... . 4 no. of Manholes-Raise 223.08 or Lower n 55.77 ... 4 no. of Manhole Ring & Cover (5) 68.67 .............. 274.68 *100.8 lin.ft. Curb & Gut- ter—Remove & Replace R 665.28 6.60 ............................ Total Construction Cost.... 18,801.97 *City Share 665.28 Assessable Share ............18,136.69 10% Eng. Expense ... I......1,813.67 5% Interest -52 days .... 130.99 Total Assessable Amt. ....20,081.35 All of which is assessed to the Special Benefits Conferred. 538 Special Session, December 14, 1970 Passed, adopted and approved this 14th day of December 1970. Ronald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider a pro- posal to authorize the issuance of street improvement bonds to pay for assessed cost of construct- ing City of Dubuque 1970 Bitumin- ous Concrete Paving Project No. 1, in the amount of $20,081.35, pre- sented and read. Councilman Bitter moved that the proof of publication be receiv ed and filed. Seconded by Council man Pregler. Carried by the fol- lowing vote: Yeas ---Mayer Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION N0. 395.70 Resolution Providing for the Is- uance of Street Improvement Bonds for the Purpose of Pro• viding for the Payment of the Assessed Cyst of the Constric- tion of the City of Dubuqu4 1970 Bituminous Concrete Paving Project No. 1. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvements hereinafter described has been completed and the City Manager has certified the completion there of to the City Council and the City Council has ascertained th- cost thereof and has determined that $20,081.35 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor-, and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- t-. ntion of the City Council to is- sue bonds for the purpose of pro- vidin for the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of the construction of the CITY OF DU- BUQUE 1970 BITUMINOUS CON- CRETE PAVING PROJECT NO. 1 on the following named proper- ties: 1. Eagle Point Park—Roadway 325' extension. 2. Fenelon Place— from the E.P.L. of Burch Street to the E.P.L. of Raymond Place. 3. Kane Street—from the W.P.L. of Carter goad west to the end of the street. 4. Key Corners—from the W.P.L. of Sharon Drive to the E. P.L. of Richie Drive. 5. Keymont Drive—from the E.P.L. of Key Knolls Subdivision to the W.P.L. ()f Key Knolls Subdivision. B. Key Way—from the N.P.L. of Pennsyl- vania Avenue to the N.P.L. of Lot 6 Block "A" of Key Knolls Subdi- vision. 7. I.ea Lane—from the N. P.L. of Pennsylvania Avenue to the S.P.L. of Key Corners. 8. Rich- ie Drive—from the N.P.L. of Penn- svlvania Avenue to the S.P.L. of Key Corners. 9. Sharon Drive— from the N.P.L. of Pennsylvania Avenu^ to the S.P.L. of Key Corn- ers. 10. Veterans Park Road --from the W.P.L. of Balboa into Veterans Park. 11. Vizaleen Drive—from th^ N.P.L. of Pennsylvania Avenue to 'he S.P.L. of Keymont Drive. there shall be issued street im- provement bonds in the amount of $20,000.00 Dollars in anticipation of the deferred payment of assess. ments levied for such improve- ment. 2. Such bonds shall be called street improvemcR' bonds: and shall bear the date of January 14, 1971: 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 shoes n in the following table: Series No. 1, Bonds in Series 4, Bond No. 1852.1655, Den. $500.00, Special Session, December 14, 1970 539 Maturity April 1, 1971, Amount $2.000.00. Series No. 2, Bonds in Series 4. Bond No. 1656-1659, Den. $500.00, Maturity April 1, 1972, A.nount $2,000.00. Series No. 3, Bonds in Series 4, Bund No. 16601663, Den. $500.00, Maturity April 1, 1973,.Amount $2.000.00. Series No. 4, Bonds in Series 4, Bond No. 1664-1667, Den. $500.00. Maturity April 1, 1974, Amou.lt $2,000.00. Series No. 5, Bonds in Series 4 Bond No. 1668.1671, Den. $500.00. Maturity April 1, 1975, Amount $2,000.00. Series No. 6, Bonds in Series 4, Bond No. 1672-1675, Den. $5',0.00, Maturity, April 1, 1976, Amount $2.000.00. Series No. 7, Bonds in Series 4, Bond No. 1676-1679, Den. $530.00. Maturity April 1, 1977, Amount $2,000.00. Series No. 8. Bonds in Series 4. Bond No. 1680.1683, Den. $00.0:1. Maturity. April 1, 1978, Amount ,,2,000.00. Series No. 9, Bonds in Series 4. Bond No. 1684.1687, Den. $500.0. Maturity, April 1, 1979, Amount $2,000.00. Series No. 10, Bonds in Series 4, Bond No. 1688.1691, Den. $5CO.CO, Maturity, April 1, 19E0, Amount $2,000.00. 3. Said bonds shall bear interest at the rate of seven per cent per annum, payable semiannually in accordance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable in anv way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date Mated therein at the option of the Citv of Dubuque and shall be in sub- stantially the following form: No. ........................................... Series No. ......... CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof, the sum of five hundred dollars with interest thereon at the rate of seven per cent per annum, payable semian. nually, on the presentation and surrender of the interest coupon, hereto attached. Both principal and interest of this bond are pay• able at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque un - d ,r and by virtue of Chapter 398 of the 1966 Code of Iowa, as amended, and the Resolution of .ilaid City duly passed on the four- teenth day of December, 1970, be- ing Resolution No. 395-70. This Bond is one of a series of forty bonds, all for $500.00 num- bered from 1652 through 1691, all of like tenor and date, and issued for the purpose of providing for the payment of the assessed cost of the construction of the City of Dubuque 1970 Bituminous Con- crete Paving Project No. 1 as de- scribed in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable out of the Special Assessment Fund 1284 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and reciied that all the acts, conditions and things required to be done, pre- cedent to and in issuing this series of bonds, have been done, happen. ed, and performed, in regular and due form, as required by law and said Resolution, and for the as- sessment, collection and payment hereon of said special tax, the full faith and dili;ence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its CAN; Clerk and the Seal of said City to be thereto affixed, this 14th day of December, 1970. .......... Mayor (SEAL) ............... City Clerk 540 Special Session, December 14, 1970 (Form of Coupon) On the ........ day of ....................... the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of Dollars, in the office of the City Treasurer in the Cite of Dubuque, being ............ months' interest due that date on its ............ Bond No ................. dated ................ .......................................................... Mayor ....................................................... City Clerk 6. That the Mayor and City Clerk be and they are hereby in- structed 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 deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund 1284 and paid out by him to pay the cost of said contract. 8. That the interest coupons at. tached to the bonds be signed with the facsimile signature of the May- or and countersigned with the fac- simile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, the City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by regu- lar United States mail addressed to the last known address of the purchaser. Passed, adopted and approved this fourteenth day of December, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Soconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 396.70 APPROVING OFFICIAL BUD- GET REPORT OF MUNCIPAI.I- TY FOR MUNICIPAL STREETS AND PARKING FOR 1971. WHEREAS, an official budget report of the City of Dubuque for Municipal Streets and Parking for the year beginning January 1, 1971 and ending December 31, 1971, has been duly prepared in accordance with Chapter 312, Road Use Tax Fund, Code of Iowa 1966, and sub- mitted to this Council for appro- val, and WHEREAS, this Council has exa- mined the "Official Budget Report of the City of Dubuque, Iowa for Municipal Streets and Parking from January 1, 1971 to December 31, 1971" wherein the distribution of receipts and expenditures are shown. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Official Budget Report of the City of Dubuque for Munici- pal Streets and Parking for the year beginning January 1, 1971 and ending December 31, 1971 be and the same is hereby approved. Passed, adopted and approved this 14th day of December, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Sec,inded by Councilman Pregler. Carried by the following vote: Yeas --- Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Special Session, December 14, 1970 541 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1970 Concrete Curb & Gutter Project No. 1 has been completed in accordance with the City of Dubuque plans and specifications. I, therefore, recomend the ac- ceptance of the above named pro- ject. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. FINAL ESTIMATE RESOLUTION No. 39770 WHEREAS, the contract for the City of Dubuque 1970 Concrete Curb & Gutter Project No. 1: 1, Locust Street from the S.P.L. of Fourth Street to the S.P.L. of Eighth Street. 2. Pennsylvania Avenue from the W.P.L. of Lot 2.1-E1h-S.W1h-Sec- tion 21-T98N.-R.2E. westerly to the corporation limits. has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, no- tices, inspection, and preparing the assesment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $82,3U8.69. That $6,428.40 of the cost there- of shall be assessable upon private property and $75,880.29 shall be paid from the $$11,760.45 0302. 0363 Fund, $'3,165.48 0302.0502 Fund, $13,979.97 0302-0352 Fund, $3,199.00 0701-0401 Fund, $23,775. 39 0302.0338 Fund, of the City of Dubuque. Passed, adopted and approved this 14th day of December, 1970. Donald R. Meyers Mayor Nvalter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. (A Resolution Accepting improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION No, 398-70 WHEREAS, the contract for the City of Dubuque 1970 Concrete Curb & Gutter Project No. 1: 1, Locust Street from the S.P.L. of Fourth Street to the S.P.L. of Eighth Street. 2. Pennsylvania Avenue from the W.P.L. of Lot 2.1•E%_S.W'4-Sec- tion 21-T.89N.111.2E. westerly to the corporation limits. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and to the is hereby directed to pay contractor from the funds to be realized from the sale of street improvement bonds issued upon the a► ount equalltd othe amounted e inOf 542 Special Session, December 14, 1970 his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 14th day of December, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas -- Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1970 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 has been completed in accordance with the City of Du- buque plans and specifications. 1, therefore, recommend the ac. ceptance of the above named pro- ject~ Respectfully submitted, Gilbert D. Chaveneile City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. FINAL ESTIMATE RESOLUTION No. 399.70 WHEREAS, the contract for the CITY OF DUBUQUE 1970 HOT MIX -HOT LAID ASPHALTIC CON. CRETE PAVING PROJECT No. 1. 1. Asbury Road, Maintenance patch- ing near Woodlawn Intersection. 2. Central Avenue, from the N.P.L. of Ninth Street to the N.P.L. of Lot. 2 of Lot 2 of Mineral Lot 363. 3. South Grandview Avenue, S.Y.L. of Kerrigan Road to the south end of the street. 4. John F. Kennedy Road, from the N.P.L of Pennsylvania Avenue to the S.P.L. of Asbury Road. 5. Locust Street, from the N.P.L. of 4th Street to the N.P.L. of 8th Street. 6. Ninth Street, from the E.P.L. of Locust Street to the E.P.L. of Main Street. 7. Pennsylvania Avenue, from the W.P.L. of Lot 2.1-E.1/2-S.W.1/4-See- tion 21-T.89 N. R. 2E. westerly to the Corporation Limits. 8. Pennslyvania Avenue, Street reconstruction near Westridge Drive. 9. Rhomberg Avenue, from the N.P.L. of Marshall Street to 'Vis- consin Bridge. 10. Shiras Avenue, Replacement west of Rhomberg Avenue Inter- section. 11. White Street, from the N.P.L. of 4th Street to the N.P.L. of 10th Street, has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assesment and plat, now there- fore, BE IT RESOLVED, by the City of Dubuque, That the cost of said improve- ment is hereby determined to be $313,694.39. That $88,257.09 of the cost there- of shall be assessable upon private property and $225,437.30 shall be paid from the $121,854.71 0302- 0501 Fund, $25,020.85 0302-0363 Fund, $8,652.13 0302-0361 Fund, $69,909.G1 State Hwy. Refund of the City of Dubuque. Passed, adopted and approved this 14th day of December, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenlauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays -- None. Special Session, December 14, 1970 543 (A Resolution Accepting Improve• the notice of the Council's inten- ment and Directing the Clerk to tion to levy special assessments Publish Notice.) therefor, as required by law. RESOLUTION No, 400.70 13E IT FURTIiER RESOLVED, That the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street improvement bind;; issued upon the ab.,)ve described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Pa,:sed, adopted and approved this 141h day of December, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter `VIIEREAS, the contract for the City of Dubuque 1970 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1. 1. Asbury Road, Maintenance patch- ing near Woodlawn Intersection. 2. Central Avenue, from the N.P.L. of Ninth Street to the N.P.L. of Lot 2 of Lot of Mineral Lot 363. 3. South Grandview Avenue, S.F.L. of Kvrri an Road to the south end I the stro-eL ''1 4. John F. Kennedy Road, from the N.P.L. of Penns0vania Avenue la the S.P.L. of Asbury Road. 5. Locust Street, from the N.P.L. of 4th Street to the N.P.L. of 8th Street. 6. Ninth Street, from the E.P.L. of Locust Street to the E.P.L. of Main Street. 7. Pennsylvania Avenue, from the 1N'.P.L. of Lot 2-1.E.1ri-S.W-;i-Sec- lion 21•T.89 N. R 2F.. westerly to the Corporation Limits. 8 Pennsylvania Avenue, Street re- con- t t w 1 ion near Westridge Drive. 9. Rhomberg Avenue, from the N.P.L. of Marshall Street to Wis- consin Bridge. 10. Shiras Avenue, Replacement welt of Rhomberg Avenue Intersec tion. 11. White Street, from the N.P.L. of 41h Street to the N.P.L. of 10th Street. has been completed and the City Manager has examined the work and filed his certificate statins; that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the ('ity Manager be approved anti that said improvement be and thesame ie hereby accepted and the City Engineer be and is hereby direct- ed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file 1ho Same in the office of the City Clerk subject to public inspection and said Clerk shall upon rpublreceipt of such plat and Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the reiolution. Seconded by Councilman Couchman. Carried by the following vote: Yea, — Mayor Meyers, Council- men Bitter, Couchman, Molden- hiucr, Pregler. Nays — None. Resolution and Application for Transfer of Fmer,,encu Fund RESOLUTION NO. 401.70 WHEREAS, there now is in the hands of the treasurer of Du. buque. Dubuque County, Iowa, the sum of $93.036.97, credited to the Emergency Fund thereof; and WHEREAS, an emergency has arisen which requires the expen- diture of $93,036.97, said emer- gency being of the following char- acter: To meet the actual and nec- essary expenditures in the Public Safety Fund as requested in our Emergency Levy Resolution of August 18, 1969; and WHEREAS, the revenue in the Public Safety Fund is insufficient to meet its estimated actual and necessary expenses for the cur- rent fiscal year and the emergen- cy referred to: therefore, be it RESOLVED by the Coun- cil of Dubuque, Dubuque County, Iowa, that $93,036.97 of the funds in the Emergency Fundee trans- ferred ferred permanently to 1 Safety Fund of said rtmaliofalthe subject to the app' 544 Special Session, December 14, 1970 State Comptroller when such ap- proval is requested by a two-thirds vote of the governing body of said municipality, to be expended in accordance with the provisions of Section 24.6, Code of Iowa. The City Auditor of said munici- pality, upon receipt of approval by the State Comptroller, is di- rected to correct his books accord- ingly and to notify the treasurer of the transfer, accompanying the notification with a copy of this resolution and the record of its adoption. (Presiding Officer) Donald Ti. Meyers, Mayor (Secretarial Officer) Leo F. Frommelt, City Clerk The foregoing resolution was adopted by the City Council of Dubuque, Dubuque County, Iowa, at a special meeting of the same on the 14th day of December, A.D. 1970. The vote thereon was as follows: Ayes — Donald R. Meyers, Ma- yor, Joseph J. Bitter, Gaylord M. Couchman, Wayne A. Moldenhau- er, Walter A. Pregler, Council- men. Nays—None. APPROVAL The above application and reso- lution having been filed with the State Comptroller, the transfer re- quested is approved this 21st day of December, 1970. Maurice E. Baringer By Francis R. Larew Chairman State Appeal Board Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION AND APPLICA- TION FOR APPROVAL OF THE PERMANENT TRANSFER OF FUNDS Resolution No. 402.70 WHEREAS, there is now in the hands of the treasurer the sum of $76,046.00, credited to the Gen- eral—Land Sales fund, and WHEREAS, there is now in the hands of the treasurer the sum of $ ............................... credited to the ..... ..... ........................... ...fund, and WHEREAS, it is desired to transfer $76,046.00 from the Gen- eral—Land Sales Fund to the Pro- ject Expenditures — Iowa R-15 Fund, for the following reasons: Cash payment due to the Proj- ect in 1970 and WHEREAS, said transfer is to be permanent in accordance with Section 24.22, Code of Iowa, and WHEREAS, there is sufficient money in the General l end Sales fund to meet all demands thereon, and WHEREAS, all laws relating to municipalities have been complied with, NOW THEREFORE, be it re- solved by the City Council of City of Dubuque County, Iowa, subject to the approval of the State Ap- peal Board, that said sum of $76,- 046.00 be, and the same is hereby transferred from the General -Land Sales fund to the Project Expendi- tures -Iowa R-15 fund, and the Aud- itor is directed to correct his books accordingly and to notify the treasurer of this transfer, ac- companying the notification with a copy of this resolution and the record of its adoption. The vote thereon was as follows: Ayes—Donald R. Meyers, Mayor, Joseph J. Bitter, Gaylord M. Couchman, Wayne A. Moldenhau- er, Walter A. Pregler, Council- men. Nays—None. Donald R. Meyers Mayor Leo F. Frommelt, City Clerk I hereby certify the above to be a true and correct copy of resolu- tion passed by the City Council on the 14th day of December, A.D. 1970. Leo F. Frommelt, City Clerk APPROVAL The above application and reso- lution having been filed with the State Appeal Board, the transfer requested is approved this 21 day of Dec., 1970. Maurice E. Baringer Chairman State Appeal Board by Francis R. Larew Councilman Bitter moved adop- tion to the resolution. Seconded by Special Session, December 14, 1970 545 Councilman Pregler. Carried by l the following vote: i Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. RESOLUTION NO. 403.70 WHEREAS, Thomas Frederick Ehrlich and Roslyn Ehrlich, hus- band and wife, have conveyed the following described real estate Lot 2 of the Subdivision of Lot 2 of the East One -Half of the Southwest One -Quarter; Section Section 21, Township 89 North, Range 2 East of the 5th P.M., according to the rec- orded plat thereof to the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the delivery of the Quit Claim Deed, dated Octo- ber 16, 1970, executed by Thomas Frederick Ehrlich and Roslyn Ehr. lich, husband and wife, conveying to the City of Dubuque, Iowa the above described real estate be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to record said Quit Claim Deed in the office of the Dubuque County Recorder. Passed, approved and adopted this 14th day of December 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: or Meyers, Council - yeas — Me.men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION No. 404.70 A Resolution Annexing Certain Territory to the City of Dubu- que, Iowa. , Ill City of Dubu que, Iowa, is the owner of the fol owing described territory adjoin• ng the City of Dubuque, Iowa, to- vit: A parcel of land being a part of mot 1 of Subdivision of Lot 1 of he Northeast Fractional Quarter if the Northwest Quarter of Sec. inn 6, Township 88 North, Range I East of the Fifth Principal Medi - Ban, near Dubuque, Iowa, more particularly described as follows: Beginning at a point on the west line of said Lot at a point which is 50 feet northerly of the Illinois Central Railroad Company's center- line of main track, as measured at a right angle thereto; thence easterly parallel with and 50 feet northerly from said center- line a distance of 718.515 feet, as measured along said centerline to the east line of said Lot; thence northerly along said Lot line to the south line of easement ;ranted by the Illinois Central Railroad Company to Dubuque County dated February 2, 1948; thence we,terly along said south line of roadway easement to the west line of said Lot; thence south along said west Lot line to the point of beginning. Lot 2-1 of N.E. 1/4 of N.W. 1/4 of Sec. 6 T88N R3E of 5 P.M. Lot 1.2-1 of N.W. 1/4 of N.E. 1/4 of Sec. 6 T88N R3E of 5 P.M. Containing 29.3 acres, all in Du- buque County, State of Iowa. WHEREAS, The owners of the hereinabove described territory have made written application to the City Council of Dubuque, Iowa, to annex the hereinabove described territory: and WHEREAS, Said territory is be- ing built up and the inhabitants th?reof will be enabled to secure the benefit of the City Government by way of police and fire protec- tion, and in addition thereto other benefits if said territory is incor- porated within the City Limits of the City of Dubuque, Iowa, and WHEREAS, Section 362.30 of the 1962 Code of Iowa authorizes the extension of City Limits in situa- tions of this character by the adop- tion of a resolution therefor. Now, therefore, BE IT RE - L E E CITY COUNCIL OF THECITYOF DUBUQUE, IOWA: 546 Special Session, December 14, 1970 Section 1. That the territorial li- mits of the City of Dubuque, Iowa are hereby extended by annexing to the City of Dubuque the follow- ing described territory: A parcel of land bein,a a part of Int l of Subdivision of Lot 1 of the Northeast Fractional Quarter of the Northwest Quarter of Sec- tion 6, Town;hip 88 North, Range 3 East of the Fifth Principal Meri- dian, near Dubuque, Iowa, more particularly desenbod as fillows: Beginning at a point an the west line of said Lot at a point which is 50 feet northerly of the Illinois Central Railroad Company's cen terline of main track, as measured as a right angle thereto; thence easterly parallel with and 50 feet northerly from said center line a di stance of 718.95 feet, as measured along said centerline to the east line of said Lot; thence northerly along said Lot line to the south line of easement granted by the Illinois Central Railroad Company to Dubuque County dated February 2,1949; thence westerly along said south line of raadwav easement to the west line of said Lot; thence south along said west Lot line to the point of beginning. Lot 2-1 of N.E. '14 of N.W. ?14 of S^c. 6 T88N R3E of 5 P.M. Lot 1.2-1 of N.W. ?/4 of N E. ?>i of Sec. 6 T83N R3E of 5 P.M. Containing 293 acres, all in Du- buque County, State of Iowa. Section 2. That the City Clerk be and he is hereby directed to file in the office of the Dubuque Coun- ty Recorder a certified copy of this Resolution. PASSED, Adopted and approved this 141h day of December, 1970 by unanimous roll call vote. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Attest: Councilmen Leo F. Frommelt City Clerk I hereby certify that the plat at- tached hereto and made a part hereof by this reference marked Exhibit "A" is a true and correct plat of the property contiguous to the City of Dubuque, Iowa, out- lined in Red and described as fol- lows: A parcel of land being a part of L_)t 1 of Sabdivision of Lot 1 of the Northeast Fractional Quar- ter of the Northwest Quarter of Section 6, Township 88 North, Range 3 East of the Fifth Princi- pal Meridian, near Dubuque, Iowa, more particularly describ- ed as follows: Beginning at a point on the west line of said Lot as a point which is 50 feet northerly of the Illi- nois Central Railroad Company's centerline of main track, as mea- ured at a right angle thereto; thence easterly parallel with and 50 feet northerly from said cen- terline a distance of 718.95 feet, as measured along said center- line to the east line of said Lot; thence northerly along said Lot line to the south line of ease- me,tt granted by the Illinois Cen- tral Railroad Company to Dubu- que County dated February 2, 1945; thence westerly alone; said south line of roadway easement to the west line of said Lot; thence south along said west Lot line to the point of beginning. Lot 2-1 of N.E. 1/4 of N.W. 1/4 of Sec. 6 T88N R3E of 5 P.M. Lnt 1-2.1 of N.W. Y4 of N.E. 1/4 of Sec. 6 T88N R3E of 5 P.M. Containing 29.3 acres, all in Du- buque Ciunty, State of Iowa. John L. White, P.E. City Engineer Licensed Professional Civil Engi- neer & Land Surveyor State of Iowa) County of Dubuque) ss: On this 14th day of December, A.D., 1970 bef,)re me a Notary Public in and for Dubuque, Coun- ty, Iowa personally appeared John L. White, City Engineer to me known to be the identical person named in and who executed the foregoing instrument, and ac- knowledged that he executed the same as his voluntary act and deed. Eugene J. Berens Notary Public in and for said Coun• ty Councilman Pregler moved adop- tion of the resolution, Seconded by Special Session, December 14, 1970 547 Councilman Bitter. Carried by the I following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 40S-70 WHEREAS applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS 'B" BEER PERMIT Shirley Mihalakis, 574 East 16th Street William J. Baum, 1121 University Avenue Passed, adopted and approved this 14th day of December, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Hayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 40670 WHEREAS, applications for Beer Permits were filed by the within named applicantsthey have received the approval of this council; and WHEREAS, 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 bonds: NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa, that the Manager be and he is that di- rected to issue t named app li ntsa Beer Permit. CLASS B BEER PERMIT Shirley Mihalakis, 574 East 16th Street William J. Baum, 1121 University Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be and the same are hereby approved. Passed, adopted and approved this 14th day of December, 1970. Donald R. Meyers Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas -- Mayor Meyers, Coun- -nmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 447.70 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Shirley Mihalakis, 574 East 16th Street Passed, adopted and approved this 14th day of December, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas -- Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. 548 Special Session, December 14, 1970 RESOLUTION NO. 408-70 WHEREAS, applications for Liq- uor Permits were filed by the with- in named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE 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 Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Shirley Mihalakis, 574 East 16th Street Passed, adopted and approved this 14th day of December, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Sfoldenhaue5 Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays --None. Councilman Bitter moved that the City Attorney be authorized to institute legal action, if neces- sary, to enforce agreements be- tween the Milwaukee and Chicago Great Western (now Chicago Northwestern) as to the operation and maintenance of railroad sig- nals. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers. Coun- cilmen Bitter, Couchman, Molden• hauer, Pregler. Nays --N one. There being no further business Councilman Bitter moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Leo F. Frommelt City Clerk Approved FC.bruary »1.-5'..1071 Adopted , b =... ar r i U Councilmen Att .... ,... City Clerk uc'e 'AN Special Session, December 29, 1970 540 CITY COUNCIL OFFICIAL Special Session, December 29, 1970. Council met at 7:30 P.M. C.S.T. Present—Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. City Manager Gil- bert D. Chavcnelle. Mayor Meyers read the call and stated that service thereof had been duly made and this meeting is called for the purpose OF AU- THORIZING THE CITY MANAG. ER TO FILE WITH THE FED. ERAL WATER QUALITY ADMIN- ISTRATIOi4 A GRANT TO AID IN THE CONSTRUCTION OF THE CENTER GROVE VALLEY AND SOUTH DUBUQUE SANITARY INTERCEPTOR SEWERS and act- ing upon such other business as may properly come before a regu- lar meeting of the City Council. December 24, 1970 To the Honorable Mayor and City Council We are herewith submitting for your consideration resolutions au- thorizing the filing of applications with the Federal Water Quality Administration, Department of the Interior, for a Grant under the Water Pollution Control Act for the construction of two sanitary interceptor sewers. Through these applications we are requesting an 8017, Federal -State grant for the project costs involved in each sewer. The Center Grove Valley Inter. ceptor Sewer is located approxi- mately parallel to the middle fork of the Catfish Creek and extends in a general northwesterly direc- tion to the area of the develop- ment around Highway 20. We have prepared for your review a com- prehensive report detailing all facets of the development of the project. The estimated total cost of the project is $367,609.00. The Federal -State portion would amount to $288,8C0.00. The bal- ance, $78,809.00, would be financ. ed through the 1971 Budget, San- itation Sewage Rental Fund. We are also presenting for your consideration a resolution author izing the application for a Federal hate Grant on the project for the iouth Dubuque Sanitary Intereep- tor Sewer. This will be located in the area of the South Fork of the Catfish Creek and will serve the Key West area and southwest- erly sections of the City. Immedi- ately after construction, this sewer would serve the Table Mound and Tower Investment developments. The Developers of these areas will pay the full cost of design, prepar- ation of necessary reports and ap- plications, construction plans and bid documents required for this sewer. At this time cost estimates and detailed design locations are being made. Should an 80% Fed- eral -State Grant be approved for the project, the developers will finance the unpaid costs of the sewer. A full design report will be made available to you upon completion by the consulting Engi- neer. Sincerely, Gilbert D. Chavenelle, City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Council- man Couchman. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. RESOLUTION OF GOVERNING BODY OF APPLICANT RESOLUTION NO. 409.70 Resolution authorizing filing of application with the Federal Water Quality Administration, Depart- ment of Interior, United States of America, for a Grant under the Water Pollution Control Act, (33 U.S.C. 466 et seq.) WHEREAS, under the terms of the Water Pollution Control Act, (33 U.S.C. 466 et seq.) the United States of America has authorized the making of Grants to authoriz- ed applicants to aid in the con- struction of specific public proj. ect: NOW, THEREFORE, Be it re- solved by City Council, City of Dubuque, Iowa I. That Gilbert D. Chavenelle, City Manager, be and is hereby au- thorized to execute and file an ap- plication on behalf of City of Du- buque, Iowa with the Federal Wat- er Quality Administration, United 550 Special Session, December 29, 1970 States Government, for a grant to aid in the construction of Center Grove Valley Sanitary Interceptor Sewer. 2. That Gilbert D. Chavenelle, City Manager be and he is hereby authorized and directed to fur- nish such information as the Fed. eral Water Quality Administration may reasonably request in connec- tion with the application which is herein authorized to be filed, and sign all necessary documents. CERTIFICATE OF RECORDING OFFICER The undersigned duly qualified and acting City Clerk of the City of Dubuque, Iowa does hereby cer- tify: That the attached resolution is a true and correct copy of the resolution authorizing the filing of application with the Federal Water Quality Administration, as regularly adopted at a legally con- vened meeting of the City Council City of Dubuque duly held on the 29th day of December, 1970; and further that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of December 1970. Leo F. Frommelt, City Clerk, City of Dubuque, Iowa Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION OF GOVERNING BODY OF APPLICANT RESOLUTION No. 410-70 Resolution authorizing filing of application with the Federal Wa- ter Quality Administration, Depart- ment of Interior, United States of America, for a Grant under the Water Pollution Control Act, (33 U.S.C. 466 et seq.) WHEREAS, under the terms of the Water Pollution Control Act, (33 U.S.C. 466 et seq.) the United States of America has authorized the making of Grants to authorized applicants to aid in the construc. tion of specific public project: NOW, THEREFORE, Be it re- solved by City Council of City of Dubuque, Iowa 1. That Gilbert D. Chavenelle be and he is hereby authorized to exe- cute and file an application on be- half of City of Dubuque, Iowa with the Federal Water Quality Admin- istration, United States Govern- ment, for a grant to aid in the construction of South Dubuque In. terceptor Sanitary Sewer. 2. That Gilbert D. Chavenelle, City Manager be and he is hereby authorized and directed to furnish such information as the Federal Water Quality Administration may reasonably request in connection with the application which is here- in authorized to be filed, and sign all necessary documents. CERTIFICATE OF RECORDING OFFICER The undersigned duly qualified and acting City Clerk of the City of Dubuque, Iowa does hereby cer- tify: That the attached resolution is a true and correct copy of the re- solution authorizing the filing of application with the Federal Water Quality Administration, as regular- ly adopted at a legally convened meeting of the City Council of the City of Dubuque, Iowa duly held ,)n the 29th day of December, 1970; and further that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of December, 1970. Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Cornncil- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. ORDINANCE NO. 6870 An Ordinance establishing a grade on Pennsylvania Avenue for a distance of 2,772 feet from the west property line of Key Knolls Subdivision to the City of Dubuque westerly Corpora- tion limit, presented and read. Councilman Couchman moved Special Session, December 29, 1970 551 that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Pregler. Nays—None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas -- Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE Ne. X8.70 An Ordinance eslabllshing a grade Penn ofs yN2.7721afeelthe Vefrom nul f a West Property Line cf Key Knolls Subdi- vision to the Cltv of Dubuque Wester. Iv Corporation Limit. BECOUNC AOFETTHEYCITY OF7Y DUBUQUE: Section 1. That is grade on PennsYl- vAnia Avenue for distance of 2.772 feet from the West Property fine of Key Knolls Subdivision to the City of Dibuoube and the samelyIs hereby estabLimit, ished and adopted as shown by a profile of Prepared by the City Engineer, prMile number 1600. Bench Mark: Point of eltwlrHen ieerth- scorner of PnvivanaAvenue and Vpitalees Drive Elevation 866.77. eraid ty lined ofbKevs Knollse Subdivision which is station 62+78 center line elevation of 85420. thence on a 6.04'= grade to alirn +nnnthy erticalCurvehavaora d south curb elevation of 85294. Thence to station 85 + 00 which is p. 1. of 400' V.C. n-rth and south curb elevation of h7 s'iP.T thence 8400' V C. icn ? 400 northand south curb elevation of 853 86; thence on a 6.50`4 grade to st^11on8 84e0 being P.C. Of 700' Vertical Curve haWng north And south c"rb elevrH,n of 850.36; thence to station 89+50 whirh is P.I of 3o0' V C. north and tom tAtlon 91 { 00 which Is the F.I. or a 300' V.C. and P.C. cf 600' V C. and having n rth And -oath curb ele- ation 94 i 00 wion hich s the P thence of a 600' V C 8north 49 0; /hence to 011110n 11110n 97+001 whirh Is the P.T. of a 600' V.C. north and sruth curb elevation of 85661; theme on a 5 25'4, grade to station 98 which lieevoRo 8/SO Street centerline elevation th thence on a 5 2,% grade t stAtion 105+00 which is P.C. of a 200' Verti. Cal Curve and hav,ng n rth and south curve elevation M 898 61: thence to teflon 107-1 00 which is P T. north and south curb elevation of 904.96; thence on a 1.10° grade tn the cor- p, ration limit. rtatirn 110+50 north and south curb elevation of 908.90. Section 2 This ordinance -hall be In full fnrce and effect ImmedIntoly uonn itspublic tirn ansa urov rd Abvptlow. and Passed, adopted And a—roved this 29th day of December, 1970. D n-ldQ Meyers MAYOR Walter A Pregler Gnvlo d M Mnl chman r Joseph COUNCILMEN Attest: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 4th day of January, 1971. Leo F. Frommelt City Clerk It. 1/4 Councilman Couchman moved final adoption of the Ordinance. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. December 21, 1070 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed the final plat of Block No. 1; Lots 1 through 21 in Block No. 2; Lots I through 13 and Lots 41 through 50 in Blork No. 3; and Lot A, all in Sunset Park Subdivision No. 3, in the City of Dubuque, Iowa. The Commission has found that the plat conforms to the proposed plat for this area and meets the minimum requirements of the subdivision ordinance. It is the recommendation of the Commission that the plats be ap- proved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Pon Gilson City Planner Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler- Nays—None. RESOLUTION No. 411.70 RESOLU'I'I0N APPROVING THE PLAT Oh' BLOCK No. 1; LOTS 1- 21 INC. OF BLOCK No. 2; LOTS 1- 13 INC. & LOTS 41450 INC. IN BLOCK No. 3; ALI, IN SUNSET PARK SUBDIVISION No. 3, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a t in which: ot 2 of 1 of I of the IEast One - Half of the South West One Quarter of Section 21, Township 552 Special Session, December 29, 1970 89 North, Range 2 East of the 5th Principal Meridian in the City of Dubuque, Iowa, is platted as Block No. 1; Lots 1-21 incl. of Block No. 2; Lots 1-13 int, and Lots 41-50 incl. of Block No. 3; Lot A, all in Sunset Park Sub- division No. 3 in the City of Du- buque, Iowa, by Schiltz Development Corpora- tion as Owner thereof; and Whereas said plat has been exa- mined by the City Planning and Zoning Commissi,)n and approved by said body; and Whereas upon said plat appears streets to be known as Hillcrest Road, Ellen Street, and Winnie Court, and also easements for pub- lic utilities which the Owner upon said plat has dedicated to the pub- lic forever; and Whereas said plat has been found by the City Council to con- form to the Statutes and Ordinan- ces relating thereto except that the streets have not been reduced to grade or paving, sewer, water or sidewalks installed therein; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Hillcrest Road, Ellen Street, and Winnie Court, together with the easements for public utilities all as the same appears upon said plat; be and the same ar,. hereby accept- ed and that said streets be and are hereby established as public streets in the City of Dubuque; Section 2. That the plat of Lot 2 of 1 of 1 of the East One -Half of the South West One Quarter of Section 21, Township 89 North, Range 2 East of the 5th Principal Meridian in the City of Dubuque, Iowa, and which will hereafter be, known as Block No. 1; Lots 1.21 incl. Block No. 2; Lots 1-13 incl. and Lots 41-50 incl. Block No. 3; and Lot A of Sunset Park Subdi- vision No. 3 in the City of Dubu- que, Iowa, is hereby approved and the Mayor and City Clerk are her(, - by authorized and directed to en. dorse the approval of the City of Dubuque upon said plat providing the Owner of said property, here- inbefore named, executes written acceptance hereto attached, agree- ing: a. To reduce Hillcrest Road, El- len Street and Winnie Court to grade as shown by the pro- files submitted with the plat. b. To surface Hillcrest Road, El- len Street and Winnie Court for a width of 30 feet with B" Portland Cement Concrete Pavement with integral curb and gutter. All of the f.)rego- ing shall be constructed ac. cording to the latest City of Dubuque specifications. C. To install sidewalks on both sides of Hillcrest Road, Ellen Street Fast and Winnie Court in accordance with the City of Dubuque Standard Specifi- cations for Permanent Side- walks. d. To install water mains in ac- cordance with plans submitted with this plat. e. To install sanitary sewers in accordance with plans sub- mitted with this plat. f. To install the sanitary sewer and water house laterals for each lot to behind the pro- perty line. g. To construct the foregoing improvements in accordance with plans and specifications approved by the City Manager and under the inspection of the City Engineer. h. To maintain all street im. provements and sewer and wa- ter mains for a period of four (4) years from the date of its acceptance. i. To construct said improve- ments prior to November 30, 1972. ). To provide the foregoing con- struction and maintenance at the expense of the Owner. and further provided that the Schiltz Development Corporation as Owner of said Subdivision se. cure the performance of the fore- going conditions by providing se. curity in such sums and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Schiltz Development Corporation shall fail to execute the: acceptarce and provide security provided for in Section 2 hereof within forty- five (45) days from the date of this Special Session, December 29, 1970 553 Resolution the provisions hereof shall be null and void and the ac- ceptance of the dedication and ap- proval of the plat shall not be ef- fective. Passed, adopted and approved by recorded roll call vote this 29th day of December, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the se- curity required for the foregoing Resolution 411-70 has been pro- vided by the Owner. Dubuque, Iowa, 19..... /s' Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION NO. 411-70 Schiltz Development Corpora- tion having read the terms and conditions of the foregoing Reso. lution 411.70 and being familiar with the contents thereof, hereby accepts the same and agrees to perform the conditions therein re- quired. Schiltz Development Corporation /s/ J. G. Schiltz president /s/ L. J. Schiltz Secretary Dated December 30, 1970. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays—None. RESOLD th N o. 412-70 Authorizing Publication of Notice of Sale of Project Notes (First Series 1971) and the Re ceiving of Proposals for the Sale of Said Notes for the Downtown Urban Renewal Project, Iowa R-15. WHEREAS, under date of July 26, 1967, the City of Dubuque en- .ered into a Loan and Capital ;rant Contract for the undertak- ng of the Downtown Urban Re. iewal Project, Iowa R-15; and WHEREAS, under date of April 1, 1969, the Council of the City of Dubuque adopted Resolution No. 37.69 authorizing to be issued, from time to time, Project Notes in connection with the Downtown Urban Renewal Project, Iowa R- 15, in an aggregate principal amount outstanding at any one time of not to exceed $8,624,313; and WHEREAS, under date of Sep- tember 21, 1970, the Council of the City of Dubuque authorized the issuance and sale of its Proj- ect Notes in the aggregate prin- cipal amount of $3,265,000 to fi- nance certain undertakings in connection with the Downtown Urban Renewal Project, Iowa R- 15; and WHEREAS. in order to refi- nance a portion of the outstanding Project Notes, it is necessary for the City of. Dubuque to sell Proj- ect Notes (First Series 1971) to- taling $3.082,000; now therefore BE IT RESOLVED by the Coun- cil of the City of Dubuque, Iowa: Section 1. That the City Clerk be and he is hereby authorized and directed to publish according to law "Notice of Sale—Project Notes in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the City Clerk be and he is hereby authorized and directed to accept and tabu- late proposals for the sale of said notes and to send tele rams of ac- ceptance to the low bidder or bid- ders all in accordance with in- structions covering such tions as provided by the Depart- ment of Housing and Urban De- velopment, United States of Amer- ica. Section 3. That a meeting of the Council of the City of Dubuque shall be held after the bid opening date of January 12, 1971, to adopt such resolution or resolutions nec- essary for the consummation of the sale of Project Notes (First Series 1971) to the lowest bidder or bidders. 554 Special Session, December 29, 1970 Pasted, approved and adopted this 29th day of December, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylnrd M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" Notice of Sale — Project Notes CITY OF DUBUQUE= (Name of Local Issuing Agency) Sealed proposals will be re. ceived by City of Dubuque (herein called the `Local Issuing Agency") at Council Chambers, City hall, 13th and Iowa, in the City of Du- buque. State of Iowa, 52001, un"il, and publicly opened at, one o'clock P.'ST. (E.S.T.) on January 12, 1971. for the purchase of $3032,000 of Project Notes (First Series 1971), being issued to aid in financing its projeet(s) as follows: $3.082.000, First Series 1971, June 4, 1971. The Notes will be dated Febru- ary 9, 1971,.will be payable to bearer on the Maturity Date, and will bear interest at the rate or rates per annum fixed in the pro- posal or proposals accepted for the purchase of such Notes. All proposals for the purchase of said Notes shall be submitted in a form approved by the Local Issuing Agency. Copies of such form of proposal and information concerning the Notes may be ob- tained from the Local Issuinz Agency at the address indicated above. Detailed information with respect to the conditions of this sale may be obtained from the December 29, 1970 issue of The Daily Bond Buyer. CITY OF DUBUQUE By Leo F. Fromelt, City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. December 22, 1970 Honorable Mayor and Members of City Council F. N. Smith Construction Com- pany, Inc. and K. W. Gaber Con- struction Company have compl^t- ed the demolition and removal of various structures and other site improvements in the Downtown Urban Renewal Project in accord. ance with the terms of Demolition Contract No. 1-70. I recommend that the work be accepted. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Mey- ers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler, Nays—None. RESOLUTION NO. 413.70 ACCEPTING WORK PERFORMED UNDER DEMOLITION CONTRACT NO. 1-70 FOR THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 WHEREAS, Demolition Contract No. 1.70 for the removal and site clearance of various structures and other site improvements in the Downtown Urban Renewal Project area has been completed; and WHEREAS, the City Managrr has examined the work and finds that the work has been completed in accordance with the terms of the Contract and recommends its acceptance, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommenda. tion of the City Manager be ap- proved and that said work be and the same is hereby accepted. Passed, approved, and adopted this 29th day of December, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Fmmmelt, City Clerk ._Am Special Session, December 29, 1970 555 Mayor Meyers moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden hauer, Pregler. Nays—None. RESOLUTION NO. 414.70 WHEREAS, applications f o r Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT John R. Hirsch, 206 West 3rd Street CLASS "C" BEER PERMIT Donald E. Wertz, 1545 S. Grand- view Ave. Passed, adopted and approved this 29th day of December, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 415.70 WHEREAS, applications f o r Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to b2 occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following r.pplicants a Beer Permit. CLASS "B" BEER PERMIT John R. Hirsch, 206 West 3rd Street CLASS "C" BEER PSRMIT :?onald E. Wertz, 15.15 S. Grand- view Ave. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 29th day of December, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Councilman Pregler expressed concern over profanity and un- kind remarks made about our city employees, more particularly the policemen. After some discussion between the Council members and the City Attorney as to the pos- sible adoption of an Ordinance Councilman Couchman moved that the matter be referred to the City Manager, City Attorney and Coun- cilman Pregler for discussion and exploratory purpose. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. There being no further business Councilman Couchman moved to adjourn. Seconded by Councilman 556 Special Session, December 29, 1970 Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays --None. Leo F. Frommelt. City Clerk. Approved February 15,1971 Adopted February 15,1971 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA FOR THE YEAR 1971 CITY OFFICERS FOR THE YEAR 1971 COUNCILMEN GAYLORD M. COUCHMAN, Mayor JOSEPH J. BITTER WAYNE A. MOLDENHAUER DONALD R. MEYERS WALTER A. PREGLER Citv Clerk .................... LEO F. FROMMELT City Solicitor ......................... R. N. RUSSO Assistant City Solicitor ........ WILLIAM A. CONZETT MUNICIPAL COURT JUDGES FRANK D. GILLOON JR. KARL KENLINE Municipal Court Clerk .......... JOSEPH A. STIEBER Municipal Court Bailiff ............................ .................. ELMER D. JOHANNINGMEIER CITY MANAGER GILBERT D. CHAVENELLE Assistant City Manager ... W. KENNETH GEARHART Administrative Assistant ........ GERALD J. KOPPES Budget Analyst .............. MICHAEL E. BROOKS Personnel Director ............ WALTER K. BOCKES City Auditor ..................... A. G. HEITZMAN Citv Treasurer ..................... GERALD HIRD City Engineer .................... JOHN L. WHITE City Assessor ................. JAMES J. GREGORY Chief of Fire Department ...... ROBERT N. DUNPHY Chief of Police ................ ROBERT J. O'BRIEN Sup't. of Water Works .................... J. J. HAIL Street Commissioner ............... CLETUS ALLEN Director of Recreation ...... RICHARD J. SLATTERY Planning Director .................... DON GILSON Building Commissioner ......... DONALD J. BANDY Electrical Inspector ........... LUVERN C. NORTON EDWARD O. ALBER 7-1-71 Health Director ....... KENNETH K. HAZLET, M.D. City Chemist ......................... A. J. ROTH Sanitary Officer ............... LAVERNE GOERDT Food and Restaurant Inspector .. MILDRED KENNEDY Plumbing Inspector ............ RICHARD J. FEYEN Library Director ........... WILLIAM G. FULLMER Sup't. of Parks ................. RICHARD KRAMER Airport Manager ..................... JEFF MOLID Urban Renewal Director .... GENT M. WITTENBERG Regular meetings of the City Council are held on the First Monday of each month at 7:30 o'clock P.M. INDEX —BOOK 101 1971 SUBJECT Page A Jan. 4—American Trust & Savings Bank, appointed of- ficial depository of public funds . .................... 2 " 4—ANNEXATION of Lots 103, 104 and westerly 7 feet of Lot 102 in "O'Neill's River View". 7 " 4—Atlantic & Pacific Tea Co. Inc., granted Class "C" BeerPermit........................................................... 10 " 12 --Agreement Authorizing the City to enter into a Long Term Comprehensive Data Processing Services. ................................... .............. 13 " 18 --Andresen Thomas, granted Beer and Liquor Per- mits........................................................................... 50, 51 Feb. 1—Audit Report of Flood Control Grant from August 14, 1969 to August 14, 1970 54 to ................................. 1—Audit of the City of Dubuque for the fiscal year It 1970 by O'Connor Brooks, Ahrendt & Brooks. 15—Agreement between the Iowa State Highway Com- 67 mission and the City of Dubuque for cost par- ticipation on the installation of traffic signals at 4th & Locust, 4th & Central and 9th & Cen- tral...... ...... .......... ...... ........... 83 Mar. 1—Advisory Commission, recommending that a cur- few is not necessary at this time, and further recommending that a young person be appoint- ed to the Commission . ........................................ 92 " 1—Atchison Christina Margaret, settlement of claim. 93 " 1—ANNEXATION of property in Belmont Addition, George Nigg Subdivision, Fischer's Subdivision and Lot 2 of Bowden Place, adjoining the northerly city limits . ..........................103, 104, 317, 374 " 1—Althaus Dennis A., granted Class "B" Beer Permit. 105 to 1—Apartments Ltd. The, granted Class "B" Beer and Class "C" Liquor Permits . .................................. 105, 106 " 8—Ahern Regina Susan Mrs., settlement of claim..... 108 " 8—All Points Cable Inc., Notice of Claim .................... 108, 156 " 8—A-1 Plumbing, Cooling and Heating Co., requesting permission to excavate . ........................................ 110 " 8—Aristo Food of Iowa Inc., granted Class "B" Beer Permit....................................................................... 113 " 15—Alta Vista Street, installation of a street light recommended.......................................................... 115 " 15—Arthofer Don, requesting refund on Cigarette Per- mitNo. 75............................................................... 116 " 15—Arlen Clarence, disposal of Lot 2 of 1 of 1 of 1 of 1 of 1 of I of 1 of 2 of 3 of 1 of Highland Farm, subject to a 20' easement . ............119, 132, 179 " 15—Ackerman Earl R., granted Class "B" Beer Per- mit & Class "C" Liquor Permit ......................... 123, 124 " 15—Apartments Ltd. The, granted Cigarette Permit..... 133 April 1—Annual Financial Report of the City Auditor for theYear 1970 . ...................................................... 136 " 1—Atlantic & Pacific Tea Company, requesting re- fund on Cigarette Permit No. 13 . .................... 143 " 1—Atlantic & Pacific Tea Company, requesting re- fund on Class "C" Beer Permit No. 8 . ............ 143 " i—ANNEXATION of 88.7 acres lying along the Peru Road north of the City Limits . .......................... 143 " 19—Ambulance Service, report of City Manager and Auditor concerning the non payment of bills for service in the City Ambulance ..................... 154 " 19 —American Legion, requesting permission to have May a Poppy day drive . ................................................ 10—Arvanitis George K., Notice of Claim ............ I....... 156 185, 243 June 7—Asbury Road, petitions for widening of Road and installation of sidewalks . .................................... 201 " 7—Ahern Regina, Notice of claim . ................................ 211 " 7—Ald Insurance Services, Notice of claim on behalf of Jerry McClun..................................................... 211 INDEX —BOOK 101 1971 ---- — -- SUBJECT _ Page It 7—Amvets Auxiliary Dubuque Post No. 3, requesting 221 11230 ....................... permission to have tag day ................................. 7—Andresen Thomas, granted Cigarette Permit. ...... 117—A 10 230 397 & P Store, granted Cigarette Permit . ............ 234 14 J. C., granted Cigarette Permit. ........... " 28—American Legion Drum &Bugle Corps, requesting 250 permission to conduct a parade.... •.......•••• 274 " 28—Althaus Dennis, granted Cigarette Permit. ...... Lounge, Cigarette Permit. 275 " " 28—Apartment 5-A granted 29—Arvanitis George K., granted Cigarette Permit. .. "C" 276 " 28—Aristo Foods of Iowa, Inc., granted Class 278 July LiquorPermit......................................................... 6—Alba Cruso A., granted Cigarette Permit . ............ 291 19—ANNEXATION of 1.329 acres of land lying along Peru Road, described as Lots 635 through 643, 305, 317, 403 " all in North Dubuque Addition. ....304, 22—Allendorf William F. & Darlene E., Notice of 312 Aug. claim......................................................................... 2—Atlantic & Pacific Tea Company Inc., granted 340 " Class "C" Beer Permit. •••• • • 2 --American Veterans of World War #2, Korea, Post No. 3, granted Class "C" Liquor Permit. 341 " 30—Airport Commission, settlement of suit by Fred 366 Sept. and Katie Klett. ............................................... 27—Adams Clarice, granted Cigarette Class "C" Liquor, and Class "B" Beer Permits . ............................ 397 Oct. 4—Airport Commission, to institute Eminent Domain against Vincent Ambrosy regard- proceedings ing a navigational hazard ................................... of con- 411 " 20—Aschman Frederick T. ( Ted), resolution dolence sent to his family and to his business associates............................................................ 426 " 26—Agricultural & Horticultural applications for ex- emptions on parcels of land of 10 acres or 429 Nov. more........................................................................... 1—American Legion, presenting an American Flag 439 in memory of Byrne A. O'Brien . ...................... " 1—American Veterans of Woild War Il and Korea, Post No. 3, granted Class "B" Beer Permit. 444 Dec. 6—Agreement between Philip A. & Martha F. Powers and Mr. & Mrs. Karl Justmann et. al. concern- ing Lot 3 of 1 of 1 of "Powers Place.. ............. 498 INDEX —BOOK 101 1971 SUBJECT Page B Jan. 4—Byrnes-Waller property recently annexed, classi- fied Multiple Residence as . ............................5, 58, 96 " 4—Bell Joseph E., granted Class 'B" Beer Permit..... 10 " 18—Brown Publishing Company, offer to purchase a parcel of land in Block 5, Riverfront Subdivi- sion No. 3 .........................................16, 61, 88, 118, 133 " 18—Bradley Clarence F., Notice of Claim ..................... 19' 245 Feb. 1—Breitfelder Fred J., Notice of Claim . .................... 57, 311 It 1—Buckley Homer M., Notice of Claim ...................... 57 911—Barrett Betty K., Notice of Claim ........................... 58, 154 to i—Beaver Kenneth F., granted Cigarette Permit..... 73 " " 15—Berry Louis C., Notice of Claim . ............................ 78, 240 15—Blocker Joan, appointed Deputy Court Clerk. .... 83 " 15—Beckius Aloysius appointed Deputy Court Clerk. 83 to 15—Barkalow Bros. 6ompany, granted Cigarette Per- mit ............. ..... ...... ............................. ............ ...... .... 84, 233 Mar. 1—Bulkley John & Jim Miller, complaining of secret meeting held between the Planning & Zoning Commission and the Urban Renewal Director. 91 it 1—Brinskelly Flory Mrs., notice of and denial of claim......................................................................... 93, 511 " 1—Bradley Merlin H. & Dorothy R., Notice of Judg- ment......................................................................... 94 " 1—Budget Amended to increase expenditures in Rec- reation Fund...............................98, 185, 215, 296, 358 " 1—Block Walter T. & Geneva, requesting annexation in of property in Belmont Addition Julien Township................................................................... 103, 104 " 1—Besler Anthony L., requestin.& annexation of prop- erty in Geo. Niggs Subdivision . ........................ 103, 104 " 1—Bowden Eleanor, requesting annexation of Lot 2 of Bowden Place ..................................................... 103, 104 " 1—Bridge Restaurant & Cafe, granted Class "B" 105 " " BeerPermit . ................................................... _....... 8 --Buechel Louis requesting excavation permit. .:.. 109 8—Budget Amended, to increase appropriations in various funds . ..................................................111, 112, 136 " 29—Butler Harriet C., Notice of Claim.... ..................... 128 April 1—Board of Health, Regular Session . ........................ 135 10 1—Burke Josephine, requesting refund on Cigarette PermitNo. 176 . .................................................... 143 " 1—Brant Carl N., granted Class "B" Beer Permit..... 148 " 19—Blaclia & White o,BYellow & Checker Cab Co. Inc.,tyty pp yy.................................................... 153 " 19—Bradley Merlin H. and Dorothy R., conveyance of property to the City of Dubuque which is to be used for Airport development . .................... 159 " 19—Barton-Aschman Associates Inc., Agreement with the City of Dubuque for Phase II Services for the Main Street Pedestrianway. ....................... 161 " 29—Bispi% Herbert F., granted Class "B" Beer Pen 165 May ..................................................................»".... 3—Becker James G., sidewalk ............................. 169 " gbond 3—Burl Jose P ine, req estin refund on Class C 178 " June . ...... ... Liquor .......................... 10—Broessel Lynea S., Notice of Claim ......................... 7—Brashaw Clarence, reappointed to the Board of 185 Heating, Ventilation and Air Conditioningg..... 201 " 7—Brown John E., reappointed to the Board of Heat- ing, Ventilation and Air Conditioning.... 201 " Play- 7—Breitbach Thomas W., reappointed to the Play- ground and Recreation Commission ................. 201 " " " ................ 7—Blaser Ralph, claim denied ....................................... 7—Blackbourn Gladys, Notice of claim ...................... Ronald, requesting refund on Class "B" 209 211 7—Blakeman Beer Permit No. 103 ...................................»....... 222 INDEX —BOOK 101 1971 SUBJECT Page " 7—Bridge: Restaurant & Lounge Inc., granted Class ..C„ Liquor Permit . .............................................. 232 " 14—Birch Marshall R., granted Cigarette Permit......... 233 " 14—Baker William H., granted Cigarette Permit......... 233 " 14—Bauer David N., granted Cigarette Permit ............. 233 " 14—Bailey Edward, granted Cigarette Permit. .......... 233 " 14—Bell Joseph E., granted Cigarette Permit . ............ 233 " 14—Brant Carl N., granted Cigarette and Class "C" Liquor Permit......................................................... 233, 235 " 28—Berger Robert L., sidewalk bond . ............................ 237 " 28—Baule Joe Mrs. requesting rezoning of property in City Lot 674 to Local Business "A" ................. 239 " 28—Braker Robert T., claim denied . ................................ 244 " 28—Billington William R. Mrs. settlement of claim..... 244 " 28 --Boesch Christine Sister, Notice of claim . .............. 247, 481 " 28—Broessel Lynea S., Notice of Suit ............................. 247 " 28—Brimeyer Linda, Notice of claim . ............................ 247 " 28—Blakeman Ronald, requesting refund on Class "C" Liquor Permit No. 6686 ......................................... 249 " 28—Barton•Aschman Associates Inc., placing Tenth Street first in the study of Topics Improve- mment........................................................................... 271, 336 " 28—Bishop Buffet, granted Cigarette Permit ................. 274 " 28—Baum William, granted Cigarette Permit . ............ " 274, 528 28—Beidler Robert, granted Cigarette Permit . ............ 274 " 28—Brimeyer Donald C., granted Cigarette Permit..... " 275 28—Becker Robert L., granted Cigarette Permit. ........ 275 " 28—Beecher Oil Company, granted Cigarette Permits. 276 " 28—Bradley Clyde L., granted Cigarette Permit. ........ 276 " 28—Brammers Inc., granted Cigarette Permit . ............ 276 " :8 --Bridge Marianggrranted Cigarette Permit . ............ " 28Bailey Edward A., "B" 276 — granted Class Beer and Class "C" Liquor Permits . ................................ 277, 278 " 28—Becker Robert L., granted Class "C" Beer Permit. 277 July 6—Bridge Restaurant & Lounge, granted Cigarette Permit. ............................................................. 291 " 6—Bisping Herbert, granted Cigarette Permit ............. 291 Aug, 9—Blind Association, requesting opportunity to ac- quire the Naval Reserve building. 282, 342, 372 9—Becker Lucille W., settlement of claim . ................ " 344 9—Bru:, Donald F., requesting action to eliminate architectural barriers in the construction of buildings to help the handicapped ..................... " 349 30—Buechel Louis, liability policy . ................................ 357 Sept. 7—Boelk Melvin et, al., requesting stop signs at 18th & 19th and Washington Sts . ............. " 7—Buechel Louis, requesting "" q g permission to excavate 373, 422 at 2600 Jackson St ............................. " 7—Bainbridge James R., granted Class 'B" Beer and 373 Class "C" Liquor Permits . ................................ " 7—Baker William H., granted Class "B" Beer and 382, 383 Class "C" Liquor Permits . .................................. 382, 383 Oct. 4—Brimeyer Donald C., granted Class "B" Beer Per- mit. ......................................... „ 4—Brookside DairyInc., .. C ..eer granted 2 Class "C" Beer 41U Permits. ..........................................................410 " 4—Budget Recommendation for 1972 submitted by the City Manager . ....................412, 417, 429, " 11—Berg C. Gary, requesting purchase of alley in 2500 block of Stafford 430, 432 Ave . ......................... ......I.... " 20—Block Chris, requesting the organization of a Girl's 416 Club. .................................... ...................................... Nov. 1—Becker & Sons Stone Co., liability policy.... " 426440 1—Berwanger Boiler Shop Inc., liability policy. " ,,. 1—Brookside Dairy, Inc., granted Cigarette Permit. " 1—Beecher Co. Inc., granted Class "B" Beer Permit 440 444 1—Backes Leonard J., reappointed to the Plumbing 444 Board. .............................................. ........................ 446 INDEX —BOOK 101 1971 SUBJECT Page " 15—Bennett Street, request for installation of street lights....................................................................... 453, 480 Dec. 6—Budget Report of the City of Dubuque for Muni- cipal Streets Parking for 1972 ............................. 491 " 6 --Benevolent & Protective Order of Elks, granted Class "B" Beer and Class "C" Liquor Permits. 502 " 20—Baum William J., granted Class "B" Beer Permit. 528 INDEX —BOOK 101 1971 SUBJECT Page Jan. 4—City Council, Regular Session . ................................ 1 to 4—Couchman Gaylord M., elected Mayor for the en- " suing fiscal year . .................................................. 4—Chavenelle Gilbert D., appointed City Manager 1 for the ensuing fiscal year ................................. 1 " 4—City Manager, advising Council of his appoint- ment of officers and personnel under his supervision and control . .................................... 1 " 4 --City Auditor, Treasurer and Water Department, monthly reports . ............ 4, 53, 108, 115, 126, 154. 169, 203 236, 282, 295, 310, 385, 433, 440, 479, 510 " 4--Chavenelle Gilbert D., bond . ................. " 4—Civil Service Commission, submitting report of entrance examination for positions on the Police Department . ........................................ 4, 16, 168 " 4—Council proceedings for the months of August, September and October, 1970 approved as printed....................................................................... 4 " " 12 --City Council Special Session ................ ..... ................ br., 13 12—Cruz Virgil reappointed to the Human Rights Commission............................................................. 14 " 18—City Council, Special Session . .................................. 15 " 18 --City Assessor, submitting report concerning assess- ment of property owned by Henry & Carl Feye & American Trust & Savings Bank . ................ 15 " 18—Council proceedings for the month of November 1970, " approved as printed . ................................ 18—Claims for the November 15 month of 1970, proof of publication............................................................. 15 to 18—Cottingham & Butler, requesting permission to construct an enclosure over a stair well on the 13th Street side of a building at 1301 Central Avenue..................................................................... 19 or I8—Connor Audrey et. al., requesting relief of stu- " dent parking on Loras Blvd . ................... 1&—CITY OF DUBUQUE 1970 CONCRETE CURB & GUTTER PROJECT NO. 1, schedule of assess. to ments....................................................................... 18 --CITY OF DUBUQUE 1970 HOT MIX -HOT LAID 26 ASPHALTIC CONCRETE PAVING PROJECT NO. 1, schedule of assessments. ........................ 30, 47 Feb. tol—Claims 1—City Council Regular Session . ................................ for the 53 month of December 1970, proof ofpublication........................................................ 54 " 1—Catfish Creek Pumping Station, Contract IISec- " tion III, completed and accepted . .................... 1—Cityof Dubuque Waste Water Treatment Facil- 62 ities Site Preconsolidation, completed and " accepted. ....................................... ..... ....... 1—CURFEW 63, 541 proposal submitted by Joe Paradiso, a member of the Advisory Commission . ............ " " ........................................................ 74, 91, 217, 1s --City Council, Special Session . .................................. 218, 220 76 15—Council proceedings for month of December 1970, » approved as printed . ............................................ 15 --City Engineer, submitting 77 an Agreement with the Iowa State Highway Commission for partici- in pation cost of traffic signals at 4th & Locust, 4th & Central and 9th and Central Avenue. " ....................................... ............... 20—Cit Council, """"""" Y Special Session 83 Mar. to . .................................... 1—City Council Regular Session . ....................... 1—Claims for the month of January 88 91 1971, proof of Publication . ............................ to to 1—Connolly Ann & Howard, Notice of Suit 92 . ............ 1 --Cullen Donald Mrs., Notice of Claim ..................... 94, 154 INDEX — BOOK 101 1971 SUBJECT Page " 1—City of Dubuque 1970 Street Finance Report. .... 102 "8—City Council, Special Session . .................................. 108 It 8—Conrad Vincent, requesting refund on Cigarette PermitNo. 178 . .................................................... 110 " 8—City Manager, recommending the amendment of the budget for increasing the appropriations in various funds . ................................................ 111 " 15—City Council, Special Session . ................. 115 " 15 --Conlon Construction Co., sidewalk bond. ... 115 " 15—City Manager, authorized to act for the City dur- ing Flood Emergency in the filing and signin of all documents ......................................... 12 130, 237 " " 29 --City Council, Special Session .................................. 126 29 --Council proceedings for the month of January 1971, approved as printed . ................................ 126 " 29`—Commodity Warehousing Corporation, convey- ance of Lot 1 of Block 5 in "River Front Sub- division No. 3" . .................................................... 133 April 1-4City Council, Regular Session . ................................ 136 " 1—Claims for the month of February 1971, proof of publication......................................................... 136 " 1—Chalder Michael, requesting refund on Cigarette PermitNo. 241 . .................................................... 143 " 1—City Manager, requesting authorization to accept a Federal Grant to assist in financing the construction of Phase II of the Sewage Plant and Force Main Program . ................................ 144 " 1—City Council, urging the Iowa General Assembly to increase the state sales tax from 3% to 4% with the proceeds to be returned to the cities, towns and counties . ............................................ 147 " " 19—City Council, Special Session ..................................... 152 19—Civil Service Commission, submitting results of examination for position of Electrical Inspec- torI......................................................................... 152 " 19 --Civil Service Commission, submitting results of Inspec- examination for position of Plumbing tor............................................................................. 152 " 19—Council proceedings for the month of February 153 1971, approved as printed . ................................ " 19—City Manager, submitting report concerning the non payment of bills for service by the City Ambulance............................................................... 154 " 19—Center Grove Valley Sanitary Interceptor Sewer, application with Iowa State Highway Commis- sion to use portions of the public highway " rightof way . ........................................................ 19—City Council, Special Session . ................................ 160 165 May 3—City Council, Regular Session . ................................ 167 " 3—Civil Service Commission, submitting result of promotional examination for positions on the 167 168 Police Department and Fire Department. ... " 3—County-City Authority, submitting report for the " year1970................................................................. 3—Claims for the month of March 1971, proof of 169 " publication............................................................... 3—Clark Albert W., sidewalk bond . ............................ 169 169 " 3• --Catholic Charities Advisory Board, supporting Figurine Mrs. Grace's effort to retain her 170 Shop at 2782 Buena Vista Street . .................... " 3—Chubb & Son, requesting release of blasting bond of Mobil Oil Corporation ..................................... 172 " 3—Cosimo's Inc., requesting refund on Class "B" 178 Beer Permit No. 106 . ........................................ " 10—City Council, Special Session . .................................... 184 " 10—City Manager, recommending installation of street Kennedy Road. 184 lights on Kane, Muscatine and INDEX -BOOK 101 1971 SUBJECT Page " 10-Crissy Drive Storm Sewer from Kaufmann Avenue north 575 feet, preliminary- plans and speci- fications.............. ..................................................... 189, 222 " 13 -City Council, Special Session . ................................ 194 197 " 24 -City Council, Special Session . ................................ June 7 -City Council, Regular Session . ................................ 201 " 7 -Chambers Harry, reappointed to the Airport Zon- ingCommission . .................................................... 201 " 7 -Council proceedings for the month of March 1971, approved as printed . .......................................... 203 " 7 -Claims for the month of April 1971, proof of publication.............................................................. ?A3 " 7 -City Manager, ordering owners of property located at 2715 University Avenue and at 668 Uni- versity Avenue to dismantle buildings and clean up premises . ............................ 203, 204, 258, 260 " 7 -City Manager, ordering owners of property located at 2954 Davenport Street, 2494 Pinard Street and 2313 Roosevelt Street to dismantle build- ings and clean up premises..... 205, 206, 207, 257, 259, 261 " 7 --Cornerstone, requesting permit for a door to door fund drive . .................................................... " 207 7 -City Manager, reporting on a request for the recycling of aluminum cans . ............................ 208 " 7 -CITY OF DUBUQUE 1971 MAINTENANCE PRO- GRAM NO. 1. preliminary plans and specifi- cations and form of contract for the con- struction of . ................................................ 227, 255, 392 " 7 -City Manager, submitting resolution authorizing filing of application with Iowa Crime Com- mission for grants under the Omnibus Crime Control and Safe Streets Act of 1968 . ............ 229 " 7 -Canfield Hotel Inc., granted Cigarette Permit. .... 230 " 7-Cremer Ralph J., granted Cigarette Permit. ........ 230 " 14 -City Council, Special Session . ................................ 233 " 14 -Corbett Earl G., granted Cigarette Permit ............. 233 " 28 -City Council, Special Session . .................................... 236 " 28 -Council proceedings for the month of April 1971, approved as printed . ............................................ 236 " 28 -Claims for the month of May 1971, proof of publication............................................................... 237 " 28 -Clark Leonard, Notice of claim ................................. 247, 415 " 28 -CITY OF DUBUQUE 1971 CONCRETE CURB AND GUTTER PROJECT NO. 1, preliminary plans and specifications. ... 264, 326, 328, 364, 525 " 28 -CITY OF DUBUQUE 1971 ASPHALT PAVING PROJECT NO. 1, preliminary plans and speci- fications. ........ 267, 329, 331 333, 349, " 28 -CITY OF DUBUQUE 1971 CONCRkTE PAVING 365, 526 WITH INTEGRAL CURB PROJECT NO. 1., preliminary plans and specifications . ............ .............................................. 269, 334, 365, " 28 -Cock n' Bull, granted Cigarette Permit . ................ 366, 491 274 " 28-Creslanes Bowling Inc., granted Cigarette Permit. 274 " 28 -Chew Patrick, granted Cigarette Permit. ...........1 274 28 -Clark Super 100, granted Cigarette Permit. ........275 - " 28Chalder Florence E., granted Cigarette Permit. 275 of 28 -Cahill Robert E., granted Cigarette Permit. ........ 275 to 28-Creslanes Bowling Inc., granted Class "C" Liquor Permit....................................................................... 278 July 5 -City Council, Regular Session ..................................... 281 to 6 -City Council, Adjourned Regular Session . ............ 282 " 6 -City Manager, ordering owners of property located at 690 East 16th Street to dismantle building and clean up premises . ........................................ 283, 336 INDEX —BOOK 101 1971 SUBJECT _ Page " 6—City Manager, recommending the purchase of traffic signal and street lighting equipment for the downtown central business district from " EagleSignal . .......................................................... 6—City of Dubuque, granting right of entry to the 283 United States of America, its officers, em- " ployees agents, successors and assigns ............. 6—City Dubuque, filing Workable Program 289 of a for Community Improvement with the Department " of Housing and Urban Development ................. DUBUQUE 289 6—CITY OF 1970 CONCRETE PAVING PROJECT WITH INTEGRAL CURB NO. 1, completed and accepted . .................................... 290 " 19—City Council, Special Session ..................................... 294 " 19—City Manager, recommending the installation of street lights at Rosemont and Pennsylvania and Pennsylvania Avenue and Hempstead School....................................................................... 294 " 19—City Engineer Authorized to sign a Federal Air Metropolitan System Proposal For Dubuque, Iowa Urbanized Area . .......................................... 308 " 22—City Council, Special Session .............. .............. 310 Aug. 2-- City Council, Regular Session ................................... 315 2—City of Dubuque, filing of application for a Fed- eral Grant for Water Works Improvements and the construction of Center Grove Valley Sanitary Interceptor Sewer and the South Dubuque Sanitary Interceptor Sewer ................. 324, 325 2--Creslanes Bowling Inc., granted Class "B" Beer Permit....................................................................... 340 " 9—City Council, Special Session ..................................... 342 " 9 --Claims for the month of June 1971, proof of publication............................................................... 343 " 9—Connolly Jane Ann, claim denied ............................ 344 " 9—Colt 45 Drum & Bugle Corps, requesting parade permit....................................................................... 349 " 18—City Council, Special Session . ................................ 353 " 30—City Council, Special Session . ................................ 355 " 30—City Manager, ordering owners of property located at 1398 Washington Street to dismantle build- ing and clean up premises ................................. 356, 408 " 30 --City of Dubuque, contract with the Iowa State Highway Commission for maintenance of pri- mary road extensions ............................................. 356 Sept. is 6 --City Council, Regular Session . ................................ 7—City Council Adjourned Regular Session ............. 371 372 " 7 --Claims for tfie month of July 1971, proof of Pub- ub•1ication lication..................................................................... 373 " 7 --CITY OF DUBUQUE 1971 LANDSCAPING AND 376, 393, 395 TREE PLANTING PROJECT ................... 385 " " 27—City Council, Special Session . .................................... 27—City Manager, requesting permission to attend a conference in Hollywood, Florida . ................. 385 " 27 --Claims for the month of August 1971, proof of 385 " publication. .............................................................. 27—Council proceedings for months of May and June 1971, approved as printed ..................................... 386 " 27—City Manager, submitting offer of the Iowa State Department of Health of is grant in the amount of $1,139,250 for Phase II, Sewage Treatment 395 Oct. Plant. ........................................................................ 4—City Council, Regular Session ..................................... 401 " 4—Curtis Straub Company, liability policy ................. 402 " 4 --Callaghan Elaine F., settlement of claim ................ 402 " 4—City Manager, submitting budget recommendation 412, 417 ............................. for fiscal year 1972................ " .................................... 11 --City Council, Special Session.414 INDEX —BOOK 1.01 1071 SUBJECT _._ Page " 11—City of Dubuque Municipal Primary Election to be held October 19, 1971, and Regular Muni- cipal Election to be held November 2, 1971. ................................. 414, 420, 447, " 11—City Manager, recommending the review and up- dating of the Electrical Code ............................. 11—Cross Ordelia, Notice of Claim . ............................ " 11—Colt .45 Drum & Bugle Corps, requesting per- mission to have a candy sale ............................. " 20—City Council, Special Session . ................................ 9120—City Solicitor, submitting copy of Supreme Court's opinion concerning the Washington Street re- zoningappeal......................................................... " 20—Clemens William Jr., reappointed to the Airport Commission............................................................. " 26—City Council, Special Session . .................................. " 26—Chamber of Commerce Tax Committee, submitting report and recommendations on the City Bud- getfor 1972............................................................. " 26—Claims for the month of September 1971, proof of publication. ........... " 26—Civil Defense Warning Siren — Kennedy Mall, preliminary plans and specifications for con- structionof............................................................. " 26—CITY HALL petition to restore the City Hall for historical significance . .......................................... Nov. 1 --City Council, Regular Session .............................. it 1—City Manager, requesting that the City Clerk be authorized to sign papers during his absence. " 1—City Manager, recommending the purchase of Lots 2 and 3 of Newman, Cooper and Smyth Sub- division, which is located near Dodge and BluffStreets........................................................... " 1—Catfish Creek Sanitary Sewer connections of lat- erals prohibited without forst complying with provisions of Ordinance No. 60.71 ..................... " 1—Clarke College, requesting parade permit as part of Environmental Week . ...................................... " 1—CITY OF DUBUQUE WATER MAIN EXTENSION PROJECT NO. I—SECTION % Rockdale Road and Southern Avenue . .............................. 442, " 1—Chalder Florence E., granted Class "C" Beer Per. mit.......................... ................................................. of 3—City Council, Special Session . ........................... " 3--Conzett William A., submitting resignation as Assistant City Solicitor . ...................................... 9115—City Council, Special Session . .............. 0, 15—Civil Service Commission, submitting report of en- trance examination for position on the Fire Department............................................................. to22—City Council, Special Session ...................... to 24—City Council, Special Session . .................................... Dec. 6 --City Council, Regular Session ..................................... to 6—Claims for the month of October 1971, proof of publication. 6—City Manager, submitting report on the improve- ment of Cody Field . ............................................ " 6—Chalder Alvena, settlement of claim ....................... " 20—City Council, Special Session ..................................... " 20—Civil Service Commission, submitting report of examination for position of Assistant Chief. Division Chief on the Fire Department........... " 20—Council proceedings for the months of August and September 1971, approved as printed. " 20—Councilmen of City of Dubuque, salary to be raised to $2,000 commencing January 1, 1974. 448 414 415 416 420 422 428 429 430 433 435, 454 436 439 439 M 441 441 494, 496 444 447 449 450 450 469 473 477 479 479 480 505 510 510 530 INDEX — BOOK 101 1971 SUBJECT Page D Jan. 4—Dubuque Bank & Trust Company appointed offi. cial depository of funds public . .............. " 4—Dubuque Stone Products Company, libaility policy. 2 4 " 4—Dubuque Community School District property re- cently annexed, classified as Multiple Res- idence classification ............................................... 5 " 4—Demkier Paul H., Notice of Claim . ........................ 6, 243 " 4—Dubuque Plumbing & Heating Co., requesting re- zoning of property at 100 Bryant Street to Busi- ness classification.....................................7, 55, 79, 117 " 12—DATA PROCESSING OF CITY RECORDS, process- ingreport............................................................... 13 " 18—Dubuque Art Association, recommending that a sculpture be used in the Town Clock Plaza. 15 " 18—"Dubuque Five Flags Center Fund" Articles of Incorporation........................................................... 16 " 18—Dow Ivan S., Notice of Claim on behalf of Jeffrey L. Dow..................................................................... 18 " Dubuque Association of the Blind, requesting permis- sion to conduct a candy sale ............................... 20, 486 " 18—Drake Ursula, granted Cigarette, Beer and Liquor Permits..................................................................... 50, 51 Feb. 15—Dubuque Plumbing & Heating Co., liability policy. 77 Mar. 1—Donath Marie E., Notice of Claim ........................... 94, 240 " 1—Daughters of Union Veterans, Mary Agard Tent No. 35, requesting permission to have a tag day. ....................................................... .................. 100 " 1—Dubuque Symphony Orchestra Auxiliary, request- ing the Council to proclaim period of March 4 to 25 as "Dubuque Symphony Orchestra Time."........................................................................ 101 " 1—D. B. Q. Inc., granted Class "B" Beer Permit & Class "C" Liquor Permit . .................................... 105, 182 " 1—Deutsch Florance Theodore, granted Class "B" BeerPermit............................................................. 105 " 8—Dubuque Insulation & siding Co. Inc., requesting permission to install a canopy at 2498 Central Avenue..................................................................... 109, 141 " 8—Dock Board Commission, submitting resolution in agreement with the Upper Mississippi River National Recreation Area Plan . ........................ 110, 120 April 1—Dubuque Blind Dance Committee, requesting co- operation of the Council by proclamation in support of the Association of the Mind Week. 142 " 19—Dubuque Office Equipment Company, requesting permission to construct a marquee at 1654 157 Central Avenue . ................................................... " 19—Dungeon Ltd. The, granted Beer, Liquor and Ciga- rettePermits......................................................... 162, 165 May 10—Dubuque Golf & Country Club, granted Class "B" Beer & Class "A" Liquor Permits . .................. 191, 192 " 24—Dubuque Industrial Bureau, relative to property sold to the Eska Company in River Front Sub- divisionNo. 3 . ........................................................ 197 June 7—Dillon Patrick L., appointed to the Advisory Com- mission..................................................................... 201 " 7—Daach Wiiliam J. et. al., requesting installation 201 of sidewalks on Asbury Road ........................... " 7—Dean Ralph, ordered to dismantle building and clean up premises located at 2954 Davenport Street......................................................................... " 7—Day Robert et. al., requesting permission to paint 205, 257 house numbers on curbs in front of residences. 222 " 7—Dubuque: Golf & Country Club, granted Cigarette Permit...................................................................... " 14—Drake Ursula, granted Cigarette Permit .............. 230 233 INDEX -BOOK 101 19.71 SUBJECT Page 14—Dubuque Packing Company, Retail Store, granted 233 Cigarette Permit . .................................................... 28—Dubuque Electric Motor Service Inc., requesting relocation of a street light on 13th and Jack son Streets 28—Dunne William F., granted Cigarette Permit........... 248 274 " 28—Dubuque Yacht Basin, granted Cigarette Permit 274 " 28—D. A. V. Club, granted Cigarette Permit ................. Permit 275 276 28—Donovan Melville E., granted Cigarette 276 " 28—Dungeon Ltd., granted Cigarette Permit ................ July 6—Dubuque Association of The Blind, interest in acquiring the Naval Reserve Bldg. ....282. 342, 372, 389 " 6—Dubuque Marina Inc., granted Cigarette Permit..... 291 " 6—Dunbar Linnie, granted Cigarette Permit. .......... 291 " 6—Deutsch Florance, granted Cigarette Permit .......... 291 " 6—D. B. Q. Inc., granted Cigarette Permit .................... 291 " 19—Disabled American Veterans, requesting permis- sion to hold a tag day ...................................... 298 Aug. 9—Duccini John & Alice, Notice of Claim ..................... 343, 360 " 30—Dorweiler Delos A., requesting rezoning of prop- erty at 2105 Kennedy Road to permti profes- sionaluse............................................................... 363 Sept. 7—Dubuque Jaycees, requesting permission to con- duct a Honey Sunday project ............................... 372 Oct. 4—D. A. V. Club Inc., granted Class "B" Beer Permit. 410 1120 --Doty L. W. Mrs. Notice of Claim ............................... 422 Dec. 6—Dubuque Packing Company, offer to purchase Lot 3 in River Front Sub. No. 4 ....................... 477 " 6—Dubuque TV -FM Cable Company, liability bond..... 480 " 6—Doser Linda Rae, Notice of Claim ............................... 481 " 20—Disabled American Veterans Club, granted Class "C" Liquor Permit . ................................................ 529 INDEX —BOOK 101 1971 SUBJECT Page E Jan. 4—Edison Street, request for parking on one side of streetonly............................................................... 6 Mar. Ecumenical Housing Inc., Notice of petition from District Court...................................................95, 116, 208 " 15—Erschen Alice, granted Class "B" Beer Permit..... 123 May 24—Eska Company, requesting three year extension on improvement of property in River Front Subdivision No. 3 . ................................................ 197, 199 June 7—Eagle Food Stores, granted Cigarette Permits......... 230 " 28—Elks Club, granted Cigarette Permit . ..................... 275 " 28--Eir_hhorn Lester & Marie, granted Cigarette Per- mit............................................................................. 276 " 28—Ellis Victoria, granted Cigarette Jermit. ................ 275 " 28—Erne Donald, granted Cigarette Permit- .............. 276, 407 " 28—Eagles Club, granted Cigarette Permit ..................... 276 " 28—Erschen Alice Mrs., granted Cigarette Permit & Class "C" Liquor Permit . .................................... 276, 278 July 6—Evarts Gene C., granted Cigarette Permit. .......... 291 Aug. 2—Eska Company, objecting to proposed curb and gutter and proposed surfacing project on Hamilton Street . .................................................... 326, 330 Oct. 11—Election, Municipal Primary to be held on October 19, 1971, and Regular Municipal Election to be held on November 2, 1971. 414, 420, 447, 448, 450 " 11—Electrical Code, recommendation of the Ctiy Mana- ger that the electrical ordinance be updated and various provisions of the ordinance be re- viewed....................................................................... 414 Nov. 15 --Ede Alfred Rev., appointed to the Human Rights Commission............................................................... 450 Dec. 20—Ecumenical Housing Inc., petitions for and against the construction of a high rise apartment building for low income elderly residents. .. 506. 507 " 20—Emergency Fund, transfer of funds to the Public SafetyFund............................................................. 524 _M INDEX —BOOK 101 1971 SUBJECT Page F Jan. 4—Frommelt Leo F., appointed City Clerk for the en- I " suing fiscal year ..................................................... 4—First National Bank, appointed official depository 2 " ofpublic funds. ...................................................... 4—Fondell & Sons, Inc., liability policy ......................... " 18—Feye Henry & Carl, and American Trust & Sav- ings Bank, report by City Assessor concerning 15 " assessment of property ......................................... 18—Forrest Brendan, submitting resignation from the 51 Human Rights Commission ................................... Feb. 1—Flood Disaster Grant for period of August 14, 54 1969 to August 14, 1970, Audit Report. .......... to 1—Freiburger Cletus et. al., approval of petition to rezone property in McDaniel's Park Hill Sub- division from Single Family to Multiple Resi- dence classification...........................................56, 79, 116 It 15—Fischer Realty Company, agreement with the City of Dubuque for an increase in rent for the Municipal Court 77 " ....................................................... 15—Fransen William P., granted Cigarette and Class "B" Beer Permits. .................................................. 84 to 15—Fischer Investment Company, correction of de- scription of property conveyed by the City of Dubuque under Resolution No. 338.69, said property lying in Dubuque Harbor Improve- ment Co.'s Addition and in Booth's Addition. 86 Mar. 1—Finley Hospital The, requesting vacation and pur- 20' 284'9" long, chase of an alley wide and adjoining property in Finley Home Addition. ................................................101, 136, 321 375, 376. 396 to 1—Fens Adele Mrs., granted Class "B" Beer Permit. 105 It 1—Fischer & Company Inc., granted Class "B" Beer Permit....................................................................... 105 " 1—Fraternal Order of Eagles, granted Class "C" Liquor Permit......................................................... 106 It 15—Flood Control Assistance, authorization of City Manager to act for the City in matters of dis. aster relief, and directed to file and sign all documents for the duration of the flood emer- gency.................................................................122, 130, 237 " 15—FREEWAY proposed for the City of Dubuque, dis- by cussion members of the Highway Commis- sion et. al., concerning various routes. .......... 124 " 15—Fuerste William C., submitting resignation as a member of the Human Rights Commission..... 126 " 29—Fondell & Sons Inc., requesting permission to excavate in Rush Street ....................................... 129 April 1—Filiatrault Ann, Notice of Claim by Iowa Kemper Mutual Insurance Co ............................................. 137, 155 " 1—First National Bank, delivery of deed for the pur- chase of property in Downtown Urban Renewal Project, Iowa R-15 . .............................................. 146 " 1—Ford Mary Kathryn, granted Cigarete Permit and Class `B" Beer Permit...................................147, 148, 233 " 1—Ford Mary Kathryn, granted Class "'C' Liquor Per- May mit............................................................................. 3—Fischer & Company, Inc., liability policy ................. 149 169 It3--Fondell &Sons Inc., requesting permission to ex- cavate in Rhomberg Avenue . .............................. 177 June 7—Friedman Richard P., reappointed to the Planning & Zoning Commission . .......................................... 201 " 7—Felderman LeVerne, granted Cigarette Permit.... 230 " 7—Ferring Theodore J., granted Cigarette Permit..... 230 " 14—Fenelon Patrick, granted Cigarette Permit. 233 " .......... 14—Frederick Carl, granted Cigarette Permit ............... 233 INDEX —BOOK 101 1971 SUBJECT Page "14—Fettgather Ramona, granted Cigarette Permit. .... 234 it " 28—Fischer Investment Co., sidewalk bond ..................... 28—Foran Michael, claim denied ..................................... 237 245 " 28—Fondell & Sons Inc., requesting permission to exca- vate in Central Avenue ........................................... 248 " 28—Fens Adele, granted Cigarette Permit ..................... 275 " 28—Fries Cyril, granted Cigarette Permit . .................. 276 " 28—Fischer Bowling Lanes, granted Cigarette Permit. 276 " 28—Fink Milton, granted Cigarette Permit . ................ 276 to 28—Friedman Leone Rose, granted Cigarette Permit. 276 " 28—Fraternal Order of Eagles No. 568, granted Class "B" Beer Permit ..................................................... 277 " 28—Fettgather Ramona, granted Class "C" Liquor Permit....................................................................... 278 " 28—Fischer & Company Inc., granted Class "C" Liquor Permit....................................................................... 278 July 6—Fuhrman Realty, requesting rezoning of property on Dodge Street, which was formerly the Del FarmStore............................................................... 287 " 6—Fransen William P., granted Cigarette Permit..... 291 " 19—Flomatcher Co. Inc., Notice of Claim ..................... 296 " 19—Federal Aid Metropolitan System Propsal For The Dubuque, Iowa Urbanized Area ......................... 308 Aug. 2--Frommelt Paul J., appointed to the Recreation Commission............................................................. 315 " 2—Fettgather Ramona, granted Class "B" Beer Per- ................. .............................. ........... mit ............. .... 340 " 2 --Fleming Mary C., reappointed to the Low Rent Housing Commission . ............................................ 342 " 9—Family Beer Store, Notice of Claim ....................... 344, 359 Sept. 7—Ferring Theodore J., granted Class "B" Beer Per- mit............................................................................. 382 " 7—Friedman Leona R., granted Class "B" Beer Permit. 382 " 27—Fondell & Sons, requesting permission to excavate in Tomahawk Drive ............................................... 392 Oct. 4—Fries Cyril J., granted Class "B" Beer and Class "C" Liquor Permits ............................................... 410, 411 Nov. 15—Five Flags Civic Center Project, report submitted by Wayne Norman announcing of campaign goal of $1,300,000 . ......................................450, 466, 494 Dec. 6—Fuhrman Realty, offer to the City of Dubuque the Trenkle property located on Central Avenue for a law enforcement center . ............................ 477 " " 6—Fondell & Sons Inc., liability policy ....................... 6—Fire Station on John F. Kennedy Road, transfer of 480 funds from the J. F. K. Fire Station fund to the Fire Equipment fund ......................................... 487 " 20—Flood Protection Works, Stage III, City of Dubuque to assume responsibility for the maintenance and operation . ........................................................ 523 " 20—Felderman Laverne, granted Class "C" Beer Per- mit................................^.............................................. tl28 M L , j' f' a i? Q .L,.. ERS / N IJ . / ti O M i-" -,or i AP/'RoVAI (fFL.i .t n: itiT t Rrr M ><ti T. INDEX —BOOK 101 1971 SUBJECT Page G Jan. 4—Gagne Donald. Notice of Claim ................................... 6, 77 " 12 --Graves Jane, appointed to the Human Rights Com- mission..................................................................... 14 " 18—Grant Harlan B., Notice of Claim ............................... 18, 243 Feb. 15—Grace Loras Mrs., objections to ;ger operation of a Figurine Shop in her home ......................... 76, 108 170 Mar. 1—Gregory Lou Ann, Notice of Claim ........................... 93 11 l—Gibbons Ethel Mrs., Notice of Claim ....................... 94, 116 May 11 3—Giunta Marco, grantee! Class "B" Beer Permit..... 182 10—Gantert Harry N., granted Class "B" Beer Permit. 191 June 7 --Glass Theodore, reappointed to the Board of Heat- ing, Ventilation and Air Conditioning . ............ 201 " " 7—Goerdt Construction Co., liability policy . ............ 207 " 7—Grace Cletus P., Notice of Suit ................................. 211 " 14—Ginter Donna M., granted Cigarette Permit. ........ 233 " 14—Glynn John J., granted Cigarette Permit. ......233, 452, 528 14GeorgeFrancis J. & John F., granted Cigarette " " Permit....................................................................... 28—Giunta Marco, granted Cigarette Permit ................... 233 275 " 28—Gantert Harry, granted Cigarette Permit ................ 275 " 28 --Glynn John F., granted Cigarette Permit ............... 275 28—Gordon Lorraine, granted Cigarette Permit & Class " "C" Liquor Permit. ....................................275, 28 ---Grandview Avenue Drug Store, granted Cigarette 278, 529 " Permit............................................................. 28—Gantert Harry N., granted Class "C" Liquor Permit. 275 278 July Glynn John J. Mr. & Mrs., ordered to dismantle build- ing and clean up premises located at 690 East „ " 16th Street . ........................... . ....... ........................... 6—Grant Raphael W•, granted Cigarette Permit......... 283, 338 291 19—Grutz Clarence (Barney), sidewalk bond ................. 295 Aug. 2—Greenstein Saul Mrs., appointed to the Library Board ....................... 2—Ginter Donna M., granted Class "B" Beer and Class "C" ] 5 Liquor Permits ' " . .......................... 2—Giunta Marco, granted Class "C" Liquor Permit. 30—Goerdt Construction 340 340 Sept. Co., sidewalk bond ................. 7—Garage Municipal, construction of garage com- 357 " 27--Grabow Ralph J , granted Cigarette and Class „C:: 377' 378 Beer Permits . Oct. ................. 20 --Grandview Avenue & Delhi Street, installation 397 of street lights recommended Nov. . ................................ 1—Glynn JohnnuF., granted Class "B" Beer and Class 421 " 15—Grant Raphael 9 Wglranted Class ''B" Beer and Class "Cquor mits rUn Dec. . . General Drivers" ivers'a d Helpers on, advising that the City Employees 466 " of Local 421 have accepted proposal oROmac 20--GrantofEasements •••••• Inc. to the City of Dubuque for installation .511 Siren. of a Civil Defense „ ....................... 20—Glynn John J., C'Iass. ,,*......... granted Class "B" Beer 528 " Liquorand Claxs 20—Gordon Lon......... aie Ms. Granted Class " B " 529 Class "C" Liquor Permits. Beer and Ll INDEX - BOOK 101 1971 SUBJECT Page Jan. 4—Hird Gerald, bond . .................................................... 4 " 4—Herburger Florence Brede, granted Class "B" Beer Permit....................................................................... 10 " 18—Hanten, Mrs. Ray (Salome), settlement of suit..... 17 " 18—Hutchison Samuel R., Notice of Claim.* 19 " Hatt Vincent J. Rev., appointed to the uman 18— H Rights Commission ................................................. 51, 282 Feb. " 1—Huebner Luise claim denied ..................................... 1—Hutter Ethel L., Notice Suit 56 57 77 " of . ............................ 1—Heritage Manor sanitary sewer, connection charges established................................................................. 68 " 1—Heiderscheit John J., granted Class "C" Beer Permit....................................................................... 73 " 1—Hirsch John R. granted Class "C" Liquor Permit. 74 " 1—Hirsch John R., granted Class "C" Liquor Permit. 74 Mar. 1—Hirsch Carl, requesting refund on Class 'B" Beer Permit No. 2..................... ..................................... 102 " 1—Hirsch Carl, granted Cigarette Permit ..................... 104 " 15--Hanten Cyril, sidewalk bond . ....................... _........... 115 " 15--Hefel Lawrence et. al., and Bernard Hefel et. al., requesting annexation of property at the north- erly limits of the City ................................. 118 " 15—Highland Farm Subdivision, disposal of Lot 2 of 1 2 Sof 1, of 1 of 1 of 1 of 1 of 1 of of sub- ject to 20' easement ............................................... 119, 132 " 15—Henkel Paul, requesting replacement of a boat ramp at the 4th Street Harbor . ................126, 137, 167 April 1—Hart'g Kenneth A., delivery of deed for purchase Renewal Pro- of land in the Downtown Urban ject Iowa R-15 ................. .................................... 145 " 1—Hentges Dorothy Rose, granted Class 'B" Beer Permit and Class "C" Liquor Permit............. 148 " 1—Hennig Florence M., appointed to the Low Rent 149 " Housing Commission . ............................................ 19—Heitzman Construction Co., sidewalk bond ............. 153 " 19—Husemann Richard and Louis, sidewalk bond..... 153 May 3—Hansen Construction Co., sidewalk bond ............... 170 " 3—Human Rights Commission, Mrs. Jamison to take a leave of absence from June 1, 1971 to Septem- " ber1, 1971............................................................... 3—Hall John Francis, granted Class 'B" Beer Permit. 172 182 " 10—Heiderscheit John, requesting permission to con- 238, 310 nect to City sewer and water .......................186, June 7—Holscher Robert G., reappointed to the Library 201 " Board.......................................................................... 7—Hoffman Mabel, reappointed to the Library Board. 20 211 to 7—Holz Helen Marie, Notice of Claim . ...................... 211 " 7—Hohman Anthony Mrs., Notice of Claim ................... 211 " 7—Heston Olivia, Notice of Claim ..................................... " 7—Hartig Kenneth A., granted permission to con- struct a portion of a structure over public 215 " rightof way............................................................. 7—Hartig Drug Company, granted Cigarette Permits. 230 290 " " 7—Hunt George R., granted Cigarette Permit ............. R., Cigarette Permit..... 7—Hentges Dorothy granted " 7—Hirsch Carl, granted Cigarette Permit . .................. 230 " 7—Heiderscheit John J., granted Cigarette Permit..... " 14—Henry Thomas, granted Cigarette Permit ............... 233 " 14—Helling Anthony, granted Cigarette Permit. ........ 233 2S3 " 14—Holiday Inn Motel, granted Cigarette ePrmit........... " 14—Hall John, granted Class "C" Liquor Permit......... 23 " 28—Hansel Richard, requesting annexation of property in area of Cedar Cross and Brunskill Road..... 248 INDEX —BOOK 101 1971 SUBJECT Page " 28—Henshel Richard C. and Mildred C., approval of Block 5 and 6 of Thomas Farm Addi- plat of 263. 409 " tion.............................................. ............................... 28—Hancock William, granted Cigarette Permit........... 275 275 " 28—Hanson Arsenius, granted Cigarette Permit. ........ 275 " 28—Herbst John, granted Cigarette Permit ................... " " 28—Hall John F., granted Cigarette Permit. ................ 28—Hennen LaVerne, granted Cigarette Permit........... 275 " 28— Holiday Oil Distr. Inc., granted Cigarette Permits. 275 276, 407 " " 28—Henry John, granted Cigarette Permit..................... 28—Herburger Carl, granted Cigarette Permit. .......... 276. 486 " 28—Hantelmann Richard J., granted Cigarette Permit. 276 " 28—Herburger Florence, granted Class "C" Liquor Per- mit............................................................................. 278. 517 July 6—Hennepin Street, installation of street light recom- mended. .............................................................. 284 " 6—Hartford Insurance Group, advising that the firm of Lane & Waterman will defend the City of " Dubuque and officers Golinvaux and O'Brien. 6-11111ard Richard T., granted Cigarette Permit....... 285 291, 373 " 6—Hirsch John R., granted Cigarette Permit. .......... 291, 373 " 6—Heaver Lloyd W., granted Cigarette Permit ............ 291 " 19—Henningson, Durham Q Richardson Inc., and Cul - len Schiltz & Associates, contract for Engineer- ing services for Solid Waste Disposal Facilities.295, 317 4; ' " 22--Hall Violet Hazel, Notice of Claim .......................... 312 " 22—Hiatt Earl W., Notice of Claim................................. 312, 360 " 22—Headington Michael J. et. al., requesting parking restrictions on Pinard Street ............................... 312, 422 Aug. 2—Hennig Florence M., reappointed to the Low Rent Housing Commission............................................. 342 " 9—Hardt Place, rezoned from Single Family to Mul- tiple Residence classification. ............................ 345 " 30—Herr King, appointed to the Low Rent Housing Commission............................................................... 345 "30—Hartmann Construction Co., sidewalk bond........... 357 It 30—Herrmann Maybelle, setlement of suit..................... 358 Sept. 7—Hanson Arsenius A., granted Class "B" Beer Per. mit. ... ............ ................ ...... 382 " 27—Heiderscheit John J., requesting annexation of Lots 90 and 91 in Linehan Park Addition, and Nly. % of vacated alley abutting said lots in DubuqueTwp. ........................................................ 390 " 27—Hempstead School, requesting permission to con. duct a parade, and to use a black powder cannon at their Home Football games............. 390 " 27—Hartig David Jr., requesting the investigation and the elimination of the unhealthy odors eman• ating from the Sewage Disposal Plant .............. 391, 446 Oct. 4—Halloween, the City Council encouraging parents, churches and organizations to provide parties and functions other in place of trick or treat night......................................................... 409 " 4—Helling Anthony A. & Bette O., granted Class "B" Beer & Class "B" Liquor Permits............... 410 " 4—Holiday Oil Distr., Inc., granted Class "B" Beer " & Class "C" Liquor Permits. ............................ 410, 411 20—Holiday Oil Distr., Inc., requesting permission to " excavate in Pennsylvania Ave. ........................ 20—Henschel Richard C., reappointed to the Electrical 425 " Board of Appeal..................................................... 26—Historical Society, petitioning for the preservation 428 Nov. of City Hall ............................ .. ............................... 1—Hillard Richard, granted Class `B" Beer and Class 436 " „C„ Liquor Permits. .......................................... 15—Henry John R., requesting refund on Beer and Liquor Permits 444 ....................................................... 452 INDEX —BOOK 101 1971 SUBJECr Page 15—Hantelmann Richard J., granted Class "B" Beer 466 22—Healy Mechanical Contractors Inc., relative to an unpaid $8000 for construction of the Cedar Street Lift m/mxmo ---------..--'--- «71 "Drug Company, granted Class "C" Beer Permits — -----'^^----------^—^^---' 473 Dec.481 ^ 481 " 482 ^ 6—Haoteuouoo Richard J.,"C"granted o/moo ^ Liquor Reoott . -----------------------. 503 ^ 20—Hio Eugene, appointed tothe Advisory Com- mission . ------...--'...'--..------. 505 " 20—Hirsch John R., granted Class "C`^Liquor Permit. 529 INDEX — BOOK 101 1971 SUBJECT -----._- _ 18—Iowa Street Parking Ramp, completed and ac. cepted......................................................................... 25 Feb. 15—Iowa State Highway Commission, Agreement with the City of Dubuque for cost participation on the installation of traffic light signals at 4th & Locust, 4th & Central and 9th & Central Avenue...................................... 83 Mar. 15—Iowa State Highway Commission, discussion of pro- posed Freeway through the City of Dubuque. 124 April 19—Ingles Donald Leroy, by Agnes Ingies, Notice of Suit. .................................. ...... . ............................... 19—Iowa State Highway Commission, granting per- 156 mission to occupy portions of public highway right of way for construction of Center Grove Valley Interceptor sewer May „ ............................. . 3 --Iowa State Department of Health, issuing permit for Water Main Extension in Peru Road... 160 3—Interstate Power Company, discontinuance of bus 167 service on Monday and Friday evenings effec- tive June 1, 1971 . June ...................... 7—I11inois Central Railroad, Notice of Claim in case 169 of John Wolfe who sustained injuries while working on in 19esolution n, f li g ofotectoin 7—Iowa Crime Commissood ion, 1 for Grants under the Omnibus Crime 210 „ Control and Safe Streets Act of 1968 . ...................... 28—I0wa State Department of health, issuing 229 e for proposed water main extension fr Valent „ n. tine Drive, Thomas Farm Addition: . 28 --Indian Ridge, installation of a street light 236 recom- mended. ................... . .................... . 28—Iowa Commission For The Blind, granted Cigarette 236 Permit. ........................ July W . ............................. . . . . .. 19—Iowa State Highway Commission, 276 approval of Fed- era] Aid Metropolitan System Proposal for the Dubuque, Iowa Aug. Urbanized Area ........................... Iowa State Highway Commission 308 Agreement with the City for maintenance of primary road exten- sions within the City Sept. .......................... . 27—Iowa State Department of Health, submitting a grant of $1,139,25() to apply costs tion 356 Oct. of Phase II, Sewareaon tmentnPlanthe 4—I0wa State Department 395 of health, submitting re- port on Maus Lake. .............................................. 414 INDEX -BOOK 101 ---------- - 1971 SUBJECT Page Mar. 1 --Jones Phyllis, recently annexed property in O'Neill's River View classified as "Single Family Residence" district . ................................ 98 " "aeger Agnese L. Mrs., Notice of Claim . .............. 109 May "amison Jane Mrs., granted leave of absence from Human Rights Commission . .............................. 172 June 2"ohnson Clara L., granted Cigarette Permit. ...... 275 Aug. 2-4ewell Pauline A. and William, conveyance of property to the City . ............................................ 322 Sept. 7—Jones Janet, complaining of weeds and brush in the Cleveland Park ................................................. 373 " 27—Judge Byron K. et. al., requesting stop signs at 13th & Washington Street . .................................. 391 Nov. 1—Jotham William R., granted Cigarette, Beer and Liquor Permits . ...................................................... 444 " 15 --,Johnson Clara L., granted Class "B" Beer and Class "C" Liquor Permits ..................................... 466 INDEX —BOOK 101 1971 SUBJECT Page K Jan. 4—Key City Bank & Trust Company, appointed of- ficial depository of public funds ....................... 2 " 4—Kirmse Harry et. al., requesting parking on one side of Edison Street only . .............................. 6 " 4—Kennedy Road—West Side, Sanitary Sewer, com- pletion and acceptance of . .................... 9, 64 " 4—Kies Donald, granted Class "B" Beer and Class "C" " LiquorPermits . .................................................... 10, 11 18—Kuehn Archie T., requesting a restricted plumber's license....................................................................... 20 Feb. 1—Kamentz Dorothy Mrs. Notice of Claim ................. 57, 210 15—Kirchberg Gerald, granted Class "B" Beer and " Class "C" Liquor Permits ..................................... 85, 473 15—Kluesner David F. and Lynda L., conveyance of a portion of St. Mary Street by the City of Dubuque. ........................................... .... 89 Mar. 1—Kemp Robert E. et. al., requesting relief from " " periodic sewer back up on Keymeer Drive. 1—Kieffer Richard Mrs., Notice of Claim . ................ 91 94 1—Klett Fred E. & Katie, Notice of Judgment ............. 95 A11 pril 1—Kowalske Forrest M., Notice of Claim . 137 ................ 19—Kennedy Circle Snaitary Sewer, completed and 91 accepted . ............. 19—Knights of Columbus, requesting that trees not be 154 Planted at 781 Locust Street . ............................ 157 May 3 --Kane Street, objections to removal of a street light. „ " ......................................................................... 3—Ki sting J. D., Notice of Claim ..................................... 167 172 3—Knapp William A & Sarah C., requestingquit claim deed to Lot 1 of Block 4 in Churcill Heights „ to David E. Vatt and Marjorie R. Vatt. ........ 3 --"Key Knolls Subdivision, 177, 226 approval of plat of Block 16 and 17A „ ................ 3—Knights of Columbus, granted Class "B*'***B....." Beer Per- 180 „ mit. ............................ ............. 3—Karigan Gust & Pete Sfikas granted Cl " . granted Class B' 181 Beer Permit. " 10—Kane Street, installation of street light recom 182 June mended . ............... 7—Kaiser William Mr. &Mrs. et. al., ordered to dis- 184 „ mantle building and clean up premises located at 2715 University Avenue . ........................203, 7—Kasper Florian Jr., ordered to dismantle build, 204, 258 „ ing and clean up premises located at 2494 Pinard Street " . ..................... 7—Klauer Robert & Livija, Notice of Claim ................. 7—Kluck & Sons Inc., 259 8' 210 " " Notice of Claim........... 7—Karigan's Restaurant, granted Cigarette 2119 325599 " Petmit. ;.;: 14—Kachevas James, granted Cigarette Permit..,, 28—King Minetta Mrs., 233 " claim denied. ........................""' 28 ---Klett Fred E. & Katie, settlement of claim........... 28 --Klett Fred E.'& Katie, 248, 365 settlement of claim, ,,,,,,,,,,,, Notice 248, 388 28--KennedyRoad1969 Storm Sewer, ..p1'ejed and accepted. 247 " " ........... 28—Kies Donald, ranted a t'e"" g Cigarette P"ermit". 254 " 28—K -Mart, granted Cigarette Permit. """""' 28---Kopple Harry, -*--"275 275 " " granted Cigarette Perrni`i 28--Kretz Ernest, granted Cigarette Permit "'" .. '... 28 --Kehl Robert, 275 " " granted Cigarette Permit. , ., 28—Knights of Columbus, 275 276 granted Cigarette Permit. 28--Krajnovich Elizabeth M., 278 „ granted Cigarette, Beer and Liquor Permits. ...,... 28—Kanavas Theodore G., ............. ... .. .... „B„ G.,9 Cigarette 2789 278 and Class Beer Permit............ I ................... I........ ............ 276 INDEX — BOOK 101 1971 SUBJECT Page " 28—Kennedy Mall Cinema Inc., granted Cigarette Permit....................................................................... 276 " 28—Kopp Gene, granted Cigarette Permit ..................... 276 July 6—"Knob Bill Grove," approval of plat of Block 1 andBlock 2............................................................. 287 " 6—Kirchberg Gerald C., granted Cigarette Permit. 291, 473 6—Kreiman Melvin L. & Leonette, granted Cigarette & Class "C" Liquor Permits . ............................ 291, 292 " 19—Kerstein William J., requesting permission to con- struct a fence . ........................................................ 298, 347 " 19—Kohnen John et. al., requesting installation of sani- " tary sewer along John F. Kennedy Road......... 299, 321 19—Kelly Robert P. & Ronald T. Amundson, granted Class "B" Beer & Class "C" Liquor Permits. 307 " 22--Karigans Building Patrnership, withdrawal of pro- posal to purchase property in the Downtown Urban Renewal Area . ..................................311, 486, 509 Aug. 2--Kisting A. J., denial of proposal to zone property on Asbury Road, just west of the A. & P. " Store property . ............... ...................................._... 2—Kelley Robert P. & Ronald T. Amundson, granted 315 Cigarette Permit . .............................................. 339 " 18—Klauer James J. granted Cigarette, Class "B" Beer and Class "64 Liquor Permits ............................. 353, 354 " 30—Klein Allen, ordered to dismantle building and 1398 Washington clean up premises located at Street......................................................................... 356, 408 " 30—Koos Richard J. & Kathryn, Notice of Suit ............. 360 " 30—Kluck M. P. & Sons, requesting permission to excavate in Rosedale Street ................................. 364 Sept. 27—Kemp Bros. Trucking, Notice of Claim against 386 H & R Wrecking Co ............................................... " 27—Kettering Forrest D. et al., requesting that Cody field that was given to the City in 1965 be " putto use................................................................. Cigarette 391 27—Koeller Duane C. & Hazel E., granted Class 'C"' Liquor & Class "B" Beer Permits. 397, 398 Oct. 4—Kopple Market Inc., granted Class "C" Beer Per- mit............................................................................. 410 " 11—Kennedy Road Sanitary Sewer, from Spring Valley Road, North-East side, preliminary plans and specifications . ..........................................417, 456, 521, 522 Nov. 1—Kenney Rehabilitation Institute, requesting per- mission to conduct a drive ................................. 439 "1—Klein Mathilda M., Notice of Claim ........................... 441, 511 of 1—Koos Richard J. & Kathryn, Original Notice of Judgment and Injunction ....................................... 411 " 1—Kroeger Jeanette M., granted Cigarette, Beer and Liquor Permits . ...................................................... 444 " 15—Kaiser Vincent J., submitting resignation as mem- 450, 488 ber of the Dock Commission.. ............................... 451 " 15—Kapp Milton, Notice of Claim .................... Dec. 20—Kutchera Barbara Sister, appointed to the Human 505 Rights Commission ................................................. INDEX —BOOK 101 1971 SUBJECT Page L Jan. 4—Low Rent Housing Commission, submitting min- utes of their meetings . ........................................ 4, 53, 91, 126, 167, 202, 236, 342, 401, 440, 478, 510 4—Lucky Stores Inc., granted Cigarette and Beer Permits. .................................................................... 10 18—Low Rent Housing Commission, petitions request- ing that people of low incomes be appointed to the Housing Commission . .................... 17,67, 136, 15() 18—Luken William Mrs. Notice of Claim . .................... 18, 246 Feb. 1—Link Lyle P., Notice of Claim ................................... 57 15—Ludescher John J., requesting refund on Cigarette PermitNo. 22 . ........................................................ 81 15—Love Donald M., granted Cigarette Permit and Class "B" Beer Permit . ........................................ 84, 105 Mar. 1—Love Kenneth Jerome, granted Class "B" Beer Permits. .................................................................... 105 1—Lucky Stores Inc., granted Class "C" Beer Permits. 105 1—Love Donald M., granted Class "C" Beer Permit. 106 8—Langas Phillip T., granted Class "C', Beer Permit. 113 April I—Lenger Joseph R., granted Class "B" Beer Permit. 148 11 19--Iooeffelholz David, Notice of Claim . ........................ I.% It 19--Laufenberg Geraldine L., Notice of Suit ................. 156 May 3—Link Construction Company, sidewalk bond. ........ 169 11 10—Lakeman Calista M. & Joseph A., Notice of Suit. 185 June 7—Lincoln Avenue, installation of street light rec- ommended. .............................................................. 203 7—Love Donald M., granted Cigarette Permit. .......... 230 7—Lynn William J., granted Cigarette Permit. ........ 230 7—Love Phillip R., granted Cigarette and Class "B" BeerPermits . .......................................................... 230 7—Lil Giant Food Store, granted Class "C" Beer Per- mit. ...................... ..................................................... 7—Love Phillip R., granted Class '-C,' Liquor Permit. . 231 232 7—Love Donald M., granted Class "C" Liquor Permit. 14—lieciardi Frank & Phyllis, granted Class "B" Beer 2-32 Permit. ................. *­­* ... * ....... * .... * .... ­ .... * .... ­** ........ 28 --Lombardi Donald A., complaining of truck traffic =44 on West 32nd Street . .................. ........................ .. 28—Leibold Thomas F., purchase of a parcel of land 248 in the downtown urban renewal area . ............ ................................. ­ **,* ..... ­ ­ * ............... ?Z2 28—Lester Catherine, granted ... Cigarette Permit. ........ 28--Lenstra Thelma, * 322, W 275 granted Cigarette Permit . ........... 28--Lindecker James, granted Cigarette Permit. 275 ........ 28-1joras College, granted Cigarette Permit ................. 28--Ul' Giant Food Store, 275 275 granted Cigarette Permits. 28—Love Kenneth Jerome 'granted Cigarette Permit' I 276 28--Ucciardi Frank J. & e Phyllis, granted Cigarette Permit. 276 July ............................................................. 6—Lynch Leo et. al., requesting a street light .. on corner of Rosaline and Klingenberg Terr. . ...... 6--Langas Phillip, granted Cigarette Permit 287, 294 . ..... 6—Lester Catherine, granted Class -B- Beer Permit. 6—Love Kenneth Jerome, 1 29 292 granted Class "C" Liquor Permit. ............................ 19 --Law Enforcement Center, Dubuque Council of Churches, Social Action 292 Commission, favoring the establishment of a Center 19—Loilil Gerturde M., Notice of Claim** ...... ......... 294 Aug. 9—Lone Star Drill Team . ........................ re uestin permission to have a door to door ?. SO Icitati 296 n 9 --Lone Neil W I - - -, requesting closing of aff between Ventral and White Streets, 348 fro Street . ........ in 24th to 25th ............................................... AA, 421 INDEX - BOOK 101 1971 SUBJECT Page Sept. 7—LANDSCAPING AND TREE PLANTING PROJECT FOR 1971, preliminary plans and specifica- tions...................................................................376, 393, 395 " 27—Loras College, requesting permission to hold a Homecoming Parade . ............................................ 390 Nov. 1—Lil' Giant Food Stores, Inc., granted Class "C" BeerP^rmit............................................................. 444 " 1—Licciardi Frank do Phyllis, granted Class "C" Liq- uorPermit............................................................... 445 " 15--Laugesen Margaret, Notice of Claim ......................... 452 Dec. 6—Law Enforcement Center, offer by Fuhrman Real- " ty of the Trenkle property . ................................ 477 6—Lang Shirley A., Notice of Claim ............................. 481 " 20—Luthro Robert, appointed to the Advisory Com- sion.......................................................................... 505 " 20—Lynn William J., granted Class "C" Beer Permit. 528 INDEX —BOOK 101 1971. -- — —^ _ SUBJECT _ Page Mc Jan. 4—McDermott .Joseph, Notice of Claim . ...................... 6, 241 Mar. 1—McCarthy Carl F., submitting history of sewer back ups on Keymeer Drive ................................. 91 " 8—McLaughlin Leonette, granted Class "B" Beer Per- mit............................................................................. 113 April 1—McNamara Earl J., granted Class "B" Beer Per- mit............................................................................. 148, 392 June 7—McCaw Warren, reappointed to the Advisory Com- " mission. ........................................ .... 7—McClain Thomas E., appointed to the Advisory 20+ " Commission............................................................. 7—McClun Jerry, Notice of Claim by Aid Insurance 201 „ " Services..................................................................... 7—McDonald Mfg. Co., granted Cigarette Permit. .. 211 230 28—McLean Charles, Will and Twenty Third and Twen- ty Fourth Intermediate Report of Trustee with cash distribution schedule, submitted by the " CitySolicitor . .......................................................... 28—McDonald John J., claim denied 239 " ............. 28 --McCauley Howard F., granted Cigarette Permit..... 243 28—McCarty Marcella, granted Cigarette Permit.... 28—McNamara g E. J., granted Cigarette Permit. .......... 276, 392 July 6—McCarty Marcella, granted Class "C" Liquor Per- mit. Sept. ................................................. ........................... 7—McGovern Mark, granted Cigarette Permit. ........ 292 382 Nov. 1—McCarty Marcella, granted Class "B" Beer Permit. 444 t INDEX —1300K 101 1971 SUBJECT Page M Jan. 4—Mississippi Valley Milk Producers Association property zoned as Single Family Residence classification.........................................................5, 59, 97 " 4—Mueller Robert, Notice of Claim . .......................... 6, 92 " 4-1%leyer Mary, Notice of Claim ................................... 6 Com " 12—Moran Al, appointed to the Human Rights - mission..................................................................... 14 " 18—Mayor's Industrial Committee, recommendingg the in Block 5, River - sale of a parcel of property front Subdivision No. 3 to Wm. C. Brown Pub- lishing Company...............................................16, 61, 88 " 18—Massey Selma, Notice of Claim ................................. 19, 285 " 18—Mettel-Byrne Subdivision, approval of plat of Block 4 and Block 5 . ........................................................ 24 56 Feb. 1—Moriarity Gregg, Settlement of Claim ..................... " 15—Municipal Court, agreement with Fischer Realty on rent increase ..................................................... Mar. 1—Miller Joseph IF., Notice of Claim . .......................... 77 95, 126 " 1—Massey Michael G., Notice of Claim . ...................... 95, 127 " 1—Mobile Home Parks, to be permitted in the Mul- tiple Residence District . ...................................... 100 " 1—Muscular Dystrophy Association, requesting per- a shamrock day 101 mission to conduct ................. " i—March of Dimes, requesting permission to conduct aWalk -a -Thou ..................................................... 101, 137 " 1—Mississippi River National Recreation Area Plan, approval of plan by the City Council and Dock Board Commission . .............................................. 110, 120 " 8—Main Street Pedestrianway, Phase 11, presentation design by the Urban Renewal Department. 110 of " 8—Manternach Thomas, Lawrence Hefel, Bernard Hefel et. al., requesting annexation of prop- erty on the northerly limits of the City......... 212, 213, 904 118, 143 174, " 29—Merchants Mutual Bonding Co., certificate of au- thority to operate in State of Iowa . ................ 126 '+ K th R Notice of Claim .......................... 128, 241 29—Mott enne , April 1—Molo Oil Company delivery of deed for purchase of land in the Downtown Urban Renewal Proj- ectIowa R-15 . ................................................146, " 1—Morarend Lois M., granted Class "B" Beer Permit and Class "C" liquor Permit . ............................ 19—Memorial Day Committee, requesting permission to conduct a parade . ............................................ May 3—Miller Frank E., sidewalk bond ................................. 3—Mobil Oil Corporation, release of blasting bond. 3—Meyers Gary W., Notice of Claim ............................. " 3—Majerus Jeanann, granted Class "B" Beer and Class "C" Liquor Permits . .................................. 10—Muscatine Street, installation of street light rec- ommended............................................................... June 7—Maruyama Allen Rev., reappointed to the Advisory Commission. ................ ............................................ h' Program No 1 1971, for 227, 250 148, 149 157 169 172 172, 209 It 7—Maintenance Patc !ng • I 227, City of Dubuque . ............................... 7—May's Drug Store, ggrranted Cigarette Permit... ... " 7—Mescher Vincent W., granted Cigarette Permit. " 7—Morarend Lois M., granted Cigarette Permit......... " 14—Meitl Cyril N., granted Cigarette Permit . .............. 14—Mevers Kermit, granted Cigarette Permit. ......... +' 14—Miracle Car Wash, granted Cigarette Permit....... 14—Meitl Cyril, granted Class C' Liuor Permit. .... 28—Moldenhauer Councilman, requesting action on better utilization of space in City Hall. ... '+ 28—Mettel Realty & Investment Co., complaining of constant notification by City of growth of weeds on property at 14th & White ............................. 182 184 201 255 230 290 230 233 233 233 235 236 INDEX — BOOK 101 1971 SUBJECT Page " 26 --Marine Corps League, requesting permission to conduct an American Flag sale from the new Eighth Street Pavilion . ............................. 237 " 28—Miller Estelle Mrs., requesting rezoning of prop. erty located in City Lot 674 to Local Business " ,.A . ............................................. .................. 28—Mercy Medical Center, requesting amendment of 239 zoning ordinance to change classification of property from two family to multiple family residence and that said property be included " in Article IV, Section 2 (h) . ............249, 345. 28—Meehan John, requesting easement for a driveway 346, 361 to and from the property adjoining Eagle Point Drive " " . ..........................................250, 349, 28—Meyers Herman, granted Cigarette Permit ............. 357, 481 275 " 28—Mihalakis Shirley, granted Cigarette Permit. ........ 275 " 28—Mr. Steak, granted Cigarette Permit . ...................... 275 " 28—Merchants Hotel, granted Cigarette Permit. .......... 275 " 28—Miller Gerald E., granted Cigarette Permit. .......... 28—Majerus Jeanann, granted Cigarette Permit. 275 " ........ 28—Montgomery Ward & Co., granted Cigarette Per- 276 mit............................................................... 28—Meyer Catherine M'granted Cigarette Permit & 276 Class "B" Beer i'ermit July . .............................. .. . ...... 6—Meyer Ro er et. al., requesting repair of alley in rear of 1725 Alta 276, 277 Place . ......................................287 6—Myers Russell E., granted Cigarette and Class "C" LiquorPermits " " " ....................................................... 6—Mr. Donut, granted Cigarette Permit . ................... 6—Manahl Dennis, granted Cigarette Permit 291, 292 291 . ............ 22—Mettel Realty & Investment Co., requesting per- mission to install underground lighting 291 street cable in Rosemont and Creston Streets in Met- Aug.30--MagnaIl Construct onnCo., 310 Sept. sidewalk bond. 7—Midwest Developers Inc., requesting permission to erect 357 a sign at Kennedy and Stoneman Roads. ........................................ of' 'garage Garage, construction of garage complet. 414 „ ed and accepted . ......................... 7—Meitl Cyril N378 ., granted Class ".B" Beer Permit. 377, .... 7—Meggan Drive, complaints of condition of street. 27—Maus Park, 382 384 complaints from the Dubuque County Conservation Society et. al., „ concerning the Pollution of the pond ....................................391, Dystrophy Association of America, re- permission to conduct their 392, 414 " fquesting drivend annual Oct. Stuart,—Muscular 27—Mattsu ......................... granted Cigarette Permit, 20—Mineral Street, installation 392 397 of street lights ree- ommended. ................................... . 26 --March of Dimes requesting permission 421 Nov. t.. conduct their "Mothers March" . .............. 1—Morton Construction Co., 434, 517 " sidewalk bond, ,,,......'•'•"' 15 --Main Street Pedestrian way Phase I Electrical " Dec. 15—Myers RussellcE. pletgra d and.................... B ted. 6—Mayor's Industrial 481 486 Commission, recommendingPermit. Of Lot 3 of River Front sa a " Subdivision No, 4 to ........... 6--Munice aluStreets and Pue arking Rep ...... " ' of ubuque for g Report of the City 477 " „ 1972. 6—Miller Gerald E., •• ...... • • granted Class "B" ..........'. a' ' ' Beer and Class "C" Liquor Permits. 491 ,•,"•, .............. . 6--Mihalakis Shirley, granted Class "B" Class "C" Liquor Permits. Beer and 502 ................................. 502 ■ INDEX — BOOK 101 1971 SUBJECT Page N Jan. 4—National Street, recommendation of Planning & Zoning Commission for vacation of a portion from Keokuk to Burlington Streets. 5, 136 of street it 4—Neumeister John, granted Class "C" Beer Permit. 10 Feb. 1—Noel John E., granted Class "B" Beer Permit & Class "C" Liquor Permit . .................................... 73, 74 " 1—National Tea Company, granted Class "C" Beer Permit....................................................................... 73 " 15 --Northwestern Bell Telephone Company, request- ing permission to excavate in 12th Street..... 80 Mar. 8—Neyens Fred, Notice of Claim ................................. 109, 127 " 29—Northwestern Bell Telephone Company, request- ing permission to extend underground conduit system from Vizaleea to west city limits on Pennsylvania Avenue . ......................................... 129 April 1—Newton Bernard N., granted Class "B" Beer Per- mit............................................................................. 148, 494 " 29—Ney Raymond, granted Class "B" Beer Permit & Class "C" laquor Permit . .................................... 165, 182 May 10—Nemmers Robert Mrs., objecting to the proposed zoning ordinance, and to the closing of Mrs. Grace's figurine shop . .......................................... " 13—Northwestern Bell Telephone Co., requesting per- 184 mission to excavate in Hill Street ..................... 196 June 7—Neuhaus Mary L., appointed to the Advisory Com- ..... .......... .............................. mission..... ... .............. 201 " 7—Neumann Gordon et. al., relative to the dangerous walking situation on Asbury Road ..................... Class "B" Beer 201 " 7—Norwood Nelson M. Sr., granted Permit....................................................................... 231 " 14—Ney Raymond, granted Cigarette Permit ................. 233 " 14—Norwood Nelson M. Sr., granted Cigarette Permit. 233 " 28—National Tea Company, granted Cigarette Permits. 275 " 28—Nabors of Iowa Inc., granted Cigarette Permit..... " John ECigarette Permit 275 275 28—Noel granted ................. " Vada Jean, granted Cigarette Permit......... 275 28—Nease " 28—Neumeister John C., granted Cigarette Permit..... 276 " 28—Nesteby Charles, granted Cigarette Permit. ........ 276 " 28—Nease Vada Jean, granted Class "B" Beer Permit & Class "C" Liquor Permit ................................ 277, 278 July 19—Northwestern Bell Telephone Co., requesting per- mission to excavate at 2nd and Main Sts......... 298 Oct. 4—Nabors of Iowa Inc., granted Class "C" Beer Per- ......................................................... mit. ................. .. " 4—National Tea Company, granted Class "C" Beer 410 Permit..................................................................... " 20—Neumann Ambrose, Notice of Claim . .................... 410 422 Nov. 15—Nicholson E. M. Mrs. requesting action concern- in alley behind 1633 Elm ing an excavation 453, 479 Street....................................................................... Dec. 20—Neumeister John C., granted Class "C" Beer Per- 528 mit............................................................................. INDEX —BOOK 101 1871 SUBJECT Page O Jan. "rdinance No. 1-71. An Ordinance allocating and making appropriations of tax levies and other sources of revenue to the expenditures for Government in the City of Dubuque for City the fiscal year beginning January 1, 1971 and ending December 31, 1971 . ................................ 3 " 4—"O'Neill's River View", Annexation of Lots 103, 104 and the westerly 7 feet of Lot 102 ............. 7 " 1"rdinance No. 2-71. An Ordinance vacating a portion of St. Mary Street from N. P. L. of the west 23' of Lot 1 of City Lot 601 to S. P. L. of west 23' of Lot 1 of City Lot 601 ................. 19, 78 Feb. 1—Olson A. R. Mrs. Notice of Claim ............................. 57, 115 " 1—Ordinance No. 371. An Ordinance Zoning and Classifying Recently Annexed Territory to the City of Dubuque, Iowa as a "Multiple Res- idence District" which real estate is herein- after described as Lot 1 of 1 of 1 of 1 of 2 of M. L. 482; Lot 3 of l of 1 of I of 2 of M. L. 483; Lot 2 of 2 of 1 of 1 of 1 of M. L. 483; Lot 2of 1 of 1 of 1 of 1 of M. L. 483; Lot 1 of M. L. 484; Lot 1 of M. L. 485; Lot l of 1 of M. L. 493; Lot 1 of M. L. 490; Lot 1 of 1 of M. L. 492; Lot 1 of 2 of 1 of M. L.. 496; all in Table Mound Twp., (Tower Investment Inc.). 58, 95 " 1—Ordinance No. 4-71. An Ordinance 'Zoning and Classifying Recently Annexed Territory to the City of Dubuque, Iowa as a "Multiple Res- idence District" which real estate is herein- after described as Lot 1 of 1 of 1 of 1 of 1 of 1 of Annie Waller's Sub. No. 2 in Sections 1 and 12, T. 88 N. R. 2E, 5 P. M. Table Mound Twp. and Lot 2 of Sub. of 1 of 1 of I of M. L. 483 in SW I/4 of Section 1, Twp. 88 N. R. 2E of 5 P. M. in Table Mound Twp. and I.,ot 2 of Sub. of M. L. 484, in SWI/4 of Section 1, Twp. 88 N. R. 2E, 5 P. M. in Table Mound Twp. (Waller -Byrne, Table Mound School property). 58, 96 " 1—Ordinance No. 5-71. An Ordinance Zoning and Classifying Recently Annexed Territory to the City of Dubuque, Iowa as a "Single Family Residence District" classification, which real estate is hereinafter described that portion of Lot. 2 of the Sub of Lot 1 of 2 of 1 of resub- division of part of Shipton Addn., Lot 2 of 3 of resubdivision ,Lot 2 of 6 of resubdivision of part of Shipton Addn., Lot 2 of 1 of 6 of re- subdivision of part of Shipton Addn. (Mis. sissippi Valley Milk Producers Assn. proper- ty) . ...... ........................................................................ " 1—.Ordinance No. 6-71. An Ordinance Zoning and 59. 97 Classifying recently Annexed Territory to the City of Dubuque, Iowa, as a "Single Family Residence District" which real estate is here. inafter described as Lots 103, 104 and the westerly 7 feet of Lot 102 in "O'Neill's River View" (Phyllis Jones property) . ........................ " 59, 98 I—Ordinance No. 7-71. An Ordinance Authorizing Adams Realty Corporation to Construct En- closure to Exterior Open Stair Well, (property at 1301 Central Avenue) . ............. " 59 1—O'Connor, Brooks, Ahrendt & Brooks retained to Audit the City of Dubuque for the fiscal 1970 . year ............................................ . " 1—Optometry Center, Inc., Certificate of Completion for improvements in Block 1 in Downtown Plaza...................................................... INDEX — BOOK 101 1971 SUBJECT Page " 15—Ordinance No. 8-71. An Ordinance Amending and changing Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change Lot 2 of McDaniel's Subdivision from "Single Family Residence District" classification to "Multiple Residence District" classification, (Freiburger property). .................................................................. 79, 116 " 15—Ordinance No. 9 71. An Ordinance amending and changing Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change a part of Lot 1 of 1 of 1 of 1 of 3 of Mineral Lot 63 from Local Business B District Classification to "Business District" classification, (Bryant Street)....................................................................... 79, 117 " 15 --Ordinance No. 10-71. An Ordinance amending the budget as approved by Ordinance No. 1-71, to increase recreation fund expenditures. ... 80, 99 " 15—Olsen Dorothy M., requesting refund on Class "C" Liquor License No. 5020 . .................................... 81 Mar. 1—O'Connor, Brooks & Co., report of Water Depart- ment for the year 1970 . ...................................... 92 " 1—Olsen Dorothy, Notice of Claim . ............................ 93 " 1—Ordinance No. 11-71. An Ordinance Amending Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by enact- ing a new subsection 107 of Schedule VI there- of to prohibit the parking of motor vehicles on the south side of Edison Street from Staf- ford Avenue to Althauser Avenue ..................... 99 " 1—Ordinance No. 12-71. An Ordinance Amending Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" by enacting a subsection (m) to Section 2 of Article IV to permit Mobile Home Parks under certain specified condi- tions.......................................................................... 100, 138 " 8—Ordinance No. 13.71. An Ordinance Amending The Budget as Approved by Ordinance No. 1-71 and Ordinance No. 10-71 . .................................... 112, 139 " 29—Oswald Frank E., Notice of Claim . ........................ 128 April 1—Ordinance No. 14-71. An Ordinance Granting Gra- ham's Style Store For Men, Inc. The Revocable Permit to Construct Portions of a Structure 139 over the public Rights of way . ........................ " 1—Ordinance No. 15-71. An Ordinance Granting First National Bank of Dubuque, Dubuque, Iowa, an,l the Adams Realty Corporation the Re- vocable Permit to Construct Portions of a 140 structure over public rights of way . ................ " 1—Ordinance No. 16-71. An Ordinance Authorizing Delbert L. & Rita Pillard to construct an aluminum canopy over public sidewalk as per Ian, twenty one foot wide with nine foot pro - Vection sidewalk .............................. 141, 142 " over public 19—O'Neill William, sidewalk bond . ............................. 133 " 19 --Ordinance No. 17.71. An Ordinance Amending the"Tra ffic Ordinance No. 3349 known as Code of Dubuque, Iowa" as amended by repeal- ing Section 69 of Schedule VI thereof and Section 69 to Schedule VI enacting a new thereof to prohibit the parking of motor ve- Road hicles on the south side of Hillcrest Road to Avalon Road and from from Asbury John F. Kennedy Road to St. John Drive......... 157 INDEX —BOOK 101 SUBJECT Page 1971 " 19—Ordinance No. 18.71. An Ordinance Amending the "Traffic Ordinance No. 33.49 known as Code of Dubuque, Iowa" as amended by re- pealing Subsection 9 of Section 8.1 thereof Subsection 9 to Section 8.1 and enacting a new in lieu thereof establishing a speed limit on Number John F. Kennedy Road from Highway ................................. 20 to Asbury Road. •.......•.•.• 158 " 19—Ordinance No. 19.71. An Ordinance vacating alley lying east of Alpine Street between Reeder Street and Dodge Street in the City of Du- Iowa and disposing of interest in same. 158. 172 buque, " 29—Oleson Karl Henry, granted Class "B" Bee r Per 165. 407 . ... . nut . ........................... ............................................ " 29-0'Neill Denise, granted Class "B" Beer Permit, & 182, 407 Class "C" Liquor Permit . ............................165, May 3—Ordinance No. 20-71, An Ordinance amending Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, by amending Article IV, Section 2 h) thereof to include certain described real estate in which professional offices or studios of a - physician, dentist, architect, engineer, lawyer, realtor, insurance, musician or similar profes- sion may be permitted, (Lots 2 and 3 of Sidonia Hosford's Sub.) ...................................................... 174. 212 " 3—Ordinance No. 21-71. An Ordinance zoning and classifying recently annexed territory to the City of Dubuque, Iowa as a "Multiple Res- idence District" which real estate is herein. after described, (Manternach Mobile Home property) ................................................................... 174. 212 " 3—Ordinance No. 22.71. An Ordinance authorizing Ralph Sartor to construct aluminum canopy at. 1654 Central Avenue on N. 27'7 of M. 1/5 of City Lot 441 . .................................................... 175 " 3 --Ordinance No. 23.71. An Ordinance amending Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Subsection 14 of Section A of Schedule IV thereof which limited the parking of motor vehicles from 9:00 A. M. to 6:00 P. M. on the north side of East Twenty Second Street from White Street to Central Avenue ......................... 176 " 3+—Ordinance No. 24-71. An Ordinance amending Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by re- pealing Subsection 23 to Schc-'ule VI and en. acting a new Subsection 23 to Sc ^du'r `,'I in lieu thereof to prohibit parking of motor ve- hicles on the south side of East Twenty Second Street from Windsor Avenue to Stafford Ave- nue and the north side of Fast Twenty Second Street from Jackson Street to Central Avenue. 176 " 10—Ordinance No. 25.71. An Ordinance Amending the Budget as approved by Ordinances numbered 1.71, 10-71 and 13-71 . .......................................... 185, 215 June 7—Ordinance No. 26.71. An Ordinance granting Ken- neth A. Hartig the revocable permit to con- struct a portion of a structure over public rights-of-way . ............................................ 215 .... " 7—Ordinance No. 27-71. An Ordinance amending Ordinance No. 31.52 by repealing section 3 thereof and enacting a new, Section 3 in lieu thereof to provide that operators of service stations shall be required to obtain license and pay fee in the amount of ten (10.00) dollars. 216 INDEX —BOOK 101 1971 SUBJECT Page 7—Ordinance No. 28-71. An Ordinance amending Ordinance No. 3349 known as the "Traffic Code of Dubuque, Iowa" as amended, byy amending Section A of Schedule III by add- ing a new Subsection 24 thereto to provide that eastbound and westbound motor vehicles must stop before entering the intersection of Atlantic Street and Custer Street ..................... 7—Ordinance No. 29-71. An Ordinance establishing a curfew for minors and providing penalties for violation thereof . .......................................... 7—Optimist Club, requesting permission to sell gar- bagebags................................................................. " 7—O'Hara Richard, granted Cigarette Permit. .......... " 14—O'Neill Denise, granted Cigarette Permit . ............ 28—Ordinance No. 30-71. An Ordinance amending and changing Ordinance No. 3-34 known as the "Zoning Ordinance of the City of Du- buque, Iowa", so as to change Block #1 of sunset Park Subdivision #3 from Single Fam- ily Residence District to Multiple Residence District Classification . .......................................... 28—Oberbroeckling George M. & Arlene A., requesting annexation of property in North Dubuque Ad- dition.................................................................249, 28—Oeth Court Storm Sewer Extension, 1971,_g liminary plans and specifications . ............ 28—Osco Drug Inc., granted Cigarette Permit . ............ 28—Oleson Karl H., granted Cigarette Permit ............. 28—Office Grill, 7-B, granted Cigarette Permit ............. July 6 --O'Connor, Brooks & Co., submitting audit of the City of Dubuque for 1970 . ................................ " 6—Ordinance No. 31-71. An Ordinance establishing a grade on Suzanne Drive from the west curb line of St. John Drive to south end ................. 6—Ordinance No. 32-71. An Ordinance establishing a grade on University Avenue for a distance of 4349 feet from the centerline of Van Buren Street to John F. Kennedy Road ..................... 6—Ordinance No. 33-71. An Ordinance establishing a grade on Tibey Court from the centerline of Waller Street to the end of the turn around. 19—Ordinance No. 34-71. An Ordinance Amending and Changing Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change part of Hardt Place from "Single Family Res- idence District" classification to "Multiple Residence District classification . ...................... Aug. 2 --Ordinance No. 35-71. An Ordinance Zoning and Clamifying Recently Annexed Territory to the City of Dubuque, Iowa, as a "Single Family Residence District" Classification which Real Estate is hereinafter described (area north of BurdenAve.)......................................................... 2 --Ordinance No. 36.71. An Ordinance amending Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa as amended by en- acting a new Subsection b of Section 3 of Schedule 1 thereof to require traffic to move westerly on West Fifth Street from Central Avenue to Bluff Street ......................................... 2—Ordinance No. 37-71. An Ordinance Designating and Naming Portions of Certain Rights of Way "Town Clock Plaza" . ............................................ dinance 2—Ordinance goOrdinance No. 48-70 by repealing 217 217, 220 222 230 233, 407 247, 297 304, 305 301, 275 275, 407 276 VK 286 285 298, 345 317, 374 318 318 INDEX —BOOK 101 1971 ---- SUBJECT i'aee Section 33, Subsection (E), and enacting a new Section 33. Subsection (E) in lieu thereof to Permit use of cast iron soil pipe of "service weight"..................................................................... 2—Ordinance No. 39.71. An Ordinance vacating a part of public alley lying between Lot 1 of Lot 1, Finley Home Addition, owned by the Finley Hospital, and Lots 24, 25, 26, 27. 28, 29, 30 and 31, of the Finley Home Addition in the City of Dubuque, Iowa . ........................................ 9—Ordinance No. 40-71. An Ordinance amending and changing Ordinance No. 3.34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque. Iowa" so as to change certain property hereinafter described from "Two Family residence District" classification to "Multiple Residence District" classification..... " 9—Ordinance No. 41-71. An Ordinance Amending Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, by amending Article IV, section 2(h) to include certain described real estate in which professional offices or studios of a physician, dentist, architect, engineer, lawyer, realtor, insurance, musician, or similar profes- sions may be permitted, (adjacent to Mercy MedicalCenter.) .................................................... " 9 --Ordinance No. 42-71. An Ordinance Amending Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, by amending Article IV, section 2(h) thereof to include certain described real estate in which professional offices or studios of a physician, dentist, architect, engineer, lawyer, realtor, insurance, musician, or similar pro. fessions may be permitted, (adjacent to Mercy Medical Center.) S ---Ordinance No. 4371. An Ordinance Authorizing William J. & Diane E. Kerstein of 1114 Gar- field Avenue to construct a fence around City owned property at Fengler & Garfield on W. 100' of Lot 11 and S. 3.5' of W. 110' of I.ot 12 of Jaeger's Sub . ............ 9---0ptimist Club, requesting permission to sell wa- termelons. ........ ........................................ . 30—Ordirance No. 44.71. An Ordinance Zoning and Classifying recently annexed territon• to the City of Dubuque, Iowa as "Single Family Res- idence District" ('lassification which Real Es - state is hereinafter described, (North Dubuque Addn ) 320 321. 375 346, 361 346, 362 347, 362 347 349 .. ......... 4 ..uestin ........... g ................ permission ...... to ho....ld ..... a .. 363, 403 30—Oxus Grotto, re Parade on 11 September. .......... Sept. 7—Optimist Club, requesting 363 base bags. q g Permission to sell );ar- „... ......................... ................. .... 372 7—Ordinance No. 45.71. An Ordinance Amending and Changing Ordinance No. 3.34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change certainproperty hereinafter described, from "Local Business "A" District" classification to "Local Business "B" Dis(rict" classification (Del Farm property on Dodge and alley). 373, 404 27—Ordinance No. 46.71. An Ordinance Amending Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by re- pealing Subsection d of Section 4 of Schedule INDEX —BOOK 101 1971 SUBJECT Page I which required that vehicles shall travel eastbound only on East Ninth Street from Central to White Street . .................................... 387 " 27—Ordinance No. 47-71. An Ordinance Amending Ordinance No. 33-49 known as the "Traffic Code of Doubuque, Iowa" as amended by re- pealing Subsection a of Section 4 of Schedule I and enacting a new Subsection a of Section 4 of Schedule I in lieu thereof to provide that traffic shall move easterly only on West Ninth Street from Locust Street to Iowa Street........... 387 " 27-0rdinance no. 48-71. An Ordinance Amending Or- dinance No. 37-65 known as the "Street Park- ing Meter Ordinance of Dubuque, Iowa" by pealing Subsection 6.3.25 of Section 6.3 of Park- ing Meter District C and by repealing Subsec- tion 6.3.26 of Section 6.3 of Parking Meter District C thereby removing both sides of Ninth Street from Bluff to a point three hun- dred feet westerly of Bluff Street from said Parking Meter District . ........................................ 388 " 27—Ordinance No. 49.71. An Ordinance Amending Or- dinance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Section 7.5 thereof and enacting a new Section 7.5 in lieu thereof requiring a driver of a vehicle involved in an accident togive notice of such accident to the Office of the Chief of Police when the apparent total property damage is one hundred dollars or more......... 388 " 27—Ordinance No. 50-71. An Ordinance Amending Or- dinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by adding a new Subsection 9 to Section A of Schedule X and by adding a new Subsection 6 to Section B of Schedule X thereof to require Northbound and Southbound vehicles to yield before enter- ing the intersection of Hillcrest and St. John Drive........................................................................... 389 " 27—O'Neill William, granted Cigarette, Class "C" 397 Liquor and Class "B" Beer Permits ..................... Oct. 4—Ordinance No. 51-71. An Ordinance Amending Ordinance No. 37-65 known as the Street Park- ing Meter Ordinance of Dubuque, Iowa" by repealing Subsection 6.3.20 of Section 6.3 of Parking Meter District C and by repealing Sub- section 6.3.22 of Section 6.3 of Parking Meter District C thereof removing both sides of Sixth Street between Central Avenue and Iowa Street from said Parking Meter District......... 404 " 4—Ordinance No. 52-71. An Ordinance Amending Or- dinance No. 37-65 known as the "Street Park- ing Meter Ordinance of Dubuque, Iowa" by repealing Subsection 6.3.19 of Section 6.3 of Parking Meter District C and repealing sub- section 6.3.27 of Section 6.3 of Parking Meter District thereof and enacting a new Subsection 6.3.19 to Section 6.3 of Parking Meter District C and enacting a new Subsection 6.3.27 to section 6.3 of Parking Meter District C in lieu thereof to limit the parking of Motor Vehicles on streets hereinafter designated . .................. 405 4—Ordinance No. 53-71. An Ordinance Amending Or- idnance No. 37.65 known as the "Street Park- ing Meter Ordinance of Dubuque, Iowa" by repealing Suusection 6.4.17 of Section 6.4 of INDEX —BOOK 101 SUBJECT -------- Pagc 1871 — – _..- Parking Meter District D and enacting a new Parking Subsection 6.4.17 to Section 6.4 of District D in lieu thereof to limit the Meter parking of Motor Vehicles on Streets herein- ............................. after designated. •••••.......•• • •• ... 406 " 4—Ordinance No. 54.71. An Ordinance Amending Or- known as the "Traffic Code dinance No, 33-49 of Dubuque, Iowa" as amended by adding a Subsection 25 to Section A of Schedule new III thereof to provide that Eastbound and Westbound Vehicles must stop before enter- ing the intersection of Washington Street and East Thirteenth Street ........................................... 406 " 11—Ordinance No. 55.71. An Ordinance amending Or- dinance No. 33-49 known as the "Traffic Cotte of Dubuque, Iowa" as amended, by repealing Section 2.2 thereof and enacting a new sec- tion 2.2 in lieu thereof requiring; the vehicle registration to be carried in the vehicle and to be shown to any peace officer upon request. 415 " 20—Ordinance No. 56.71. An Ordinance Amending Or- dinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa," as amended by repealing Section 3.3 thereof prohibiting unlawful use of a temporary driver's permit, temporary in- struction permit, operator's license and chauf- feur's license........................................................... 423 " 20—Ordinance No. 57-71. An Ordinance Amending Or- dinance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing subsection 3 of Section 5.2 thereof and en- acting a new subsection 3 to subsection 5.2 in lieu thereof to provide for a right turn on a red light when sign posted ................................. 424 " 20—Ordinance No. 58-71. An Ordinance Amending Or- dinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Section 7.2 thereof and enacting a new Section 7.2 in lieu thereof to require the leaving of identification at the scene of a fatal accident. 425 " 26—Ordinance No. 59-71. An Ordinance Amending Or. dinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new subsection of Section 4 of Schedule 1 thereof to provide that traffic shall move east- erly only on West Fourth Street from Bluff Street to Iowa Street . ........................................ 434 Nov. 1—Ohmert Donald L., liability policy . .......................... 440 It 1—Ordinance No. 60.71. An Ordinance Amending Or- dinance No. 14-59 as amended by repealing Section 1 thereof and enacting a new section in lieu thereof (lateral sewer connection to the Catfish Creek Sanitary Sewer.) ........................ 441 Dec. 6—Ordinance No. 61-71. An Ordinance prohibiting un- fair practices as to accommodations or services, prohibiting unfair employment practices, pro- hibiting unfair housing practices and prohibit- ing that aiding or abetting of such unfair practices................................................................... 482 " 20—Ordinance No. 6271. An Ordinance Establishing Precincts, designating Polling places and con- cerning the conduct of elections within the City of Dubuque, Iowa . ...................................... " 20—Osco Drugs, granted Class •'C" Beer Permit ............. 513 528 INDEX — BOOK 101 1971 SUBJECT Page P Jan. 4—Planning & Zoning Commission, recommending the vacation of National Street between Keo- kuk and Burlington Streets ................................. 5 " 4—Planning & Zoning Commission, recommending the zoning of recently annexed property owned by Mississippi Valley Milk Producers as Single Family Residence; and property owned by Tower Investment; Dubuque Community School District and Byrnes -Waller be classified as " Multiple Residence . ..................................5, 58, 95, 96 6, 246 4—Pregler Jerry, Notice of Claim . ................................ " 4—Planning & Zoning Commission, recommending the annexation of Lots 103, 104 and part of Lot 102 in "O'Neill's River View" ..................... 7, 98 " 18—Planning & Zoning Commission, recommending the approval of plat of Block 4 and Block 5 in Mettel-Byrne Subdivision . ........................... " 18—PARKING RAMP on Iowa Street, completed and accepted..................................................................... 25 Feb. 1—Planning & Zoning Commission, recommending the rezoning of property located on the east side of Bryant Street from Local Business "B" to Business classification . ...................55, 79, 117 " 1—Plannin' & Zoning Commission, recommending denial of petition of Peter J. Seippel Lumber rezoning of Lot 2 Kath- Company, requesting erine Sppel Subdivision . .................................. eipZomng 55, 80 " 1 --Planning & Commission, recommending rezoning of property in McDaniel's Park Hill Subdivision from Single Family to Multiple Residence Classification . ................................56, 79, 116 " 15—Planning & Zoning Commission, recommending the vacation of a portion of St. Mary's Street. 78, 89 " 15—Pluym Richard Mrs., objections to her operation of a Figurine Shop in her home . .................... ..................................................... 76, 108, 170, 238, 315 Mar. 1—Planning & Zoning Commission, submitting an ordinanceppermitting mobile home parks in the Multiple Residence District. ...100, 138, 321, 375 " 1—Planning & Zoning Commission, recommending the vacation of alley lying north of Lots 26 through 31 in "llnley Home Addition." ........ 101, 136, 321, 375, 376, 396 " ............................................ 1---Patrum Betty, granted Cigarette Permit . .............. 112 " 15—Pearson James and Julian G. Nemmers, request- ing rezoning of Lot 2 and 3 of Sidonia Hos- ford's Subdivision to Professional use classifi- ............................................................. . cation.118, 173, 212 " 15—Planning & Zoning Commission, approval of re- designation of Area 5 in Urban Renewal Proj• ect from Central Business District Retail to 120 " Commercial Service Area . .................................. 29—Pins John J., Notice of Claim . ........................128, 155, 210 " 29—Planning & Zoning Commission, approval of plat Lot 1-1 of Block 5 in "River of Lot 2-1 and Front Subdivision No. 3" . .................................. 131 April I—Planning & Zoning Commission, recommending the annexation of 88.7 acres adjoining the Road....... northerly city limits along the Peru 143, 174, 212 " .......................................... 1—Perry Virginia, appointed to the Low Rent Hous - 150 May ............ ing Commission. ••••.• *1.."""' 3—Planning & Zoning Commi..................... ssion, recommending Alpine and Hill, vacation of alley between Del Farm store on Dodge St north of the 72. .............................................................. 173, 227 1W INDEX —BOOK 101 1971 SUBJECT Pagc " 3—Planning & Zoning Commission, recommending the zoning of recently annexed Manternach prop- erty as Multiple Residence District property. 174, 212 " 3—Peoples Natural Gas, requesting permission to excavate in Alta Place ........................................... 177 " 3—Planning & Zoning Commission, approval of plat of Lot A, Block 10 in "Sunrise Heights" Sub- division..................................................................... 178 " 3—Planning & Zoning Commission, approval of plat of Block 16 and 17A in "Key Knolls Subdivision. 180 " 13—Planning & Zoning Commission, approval of plan of Tower Mobile Home Park . ............................ 194 " 13—Planning & Zoning Commission, approval of plan of Terrace Heights Mobile Home Park ............. 195, 213 " 13—Peoples Natural Gas, requesting permission to ex- cavate in West 11th Street . .............................. 196 June 7—Planning & Zoning Commission, recommending ap- preval of rezoning of Block No. 1 of Sanzet Park Subdivision No. 3 to Multiple Residence classification............................................................. 202 " 7—Peoples Natural Gas, submitting report for the year1970 ................................. 202 " 7—Peterson Jean E., requesting adoption of an ordi- nance prohibiting smoking on buses . .............. 202 " 7—Palmer Drug, granted Cigarette Permit ................... 230 " " 14—Plumley Donald, granted Cigarette Permit ............. 233 14—Pins Arthur, granted Cigarette Permit . ................ 233 " " 14—Potter Robert, granted Cigarette Permit ................. 233 14—Park Board, requesting permission to hold a fire- " works display . ................................ 28—Planning & Zoning Commission, recommending the 235 rezoning of Lot 2 of Lot 3 of City Lot 674 " from Multiple to Local Business "A." ................ 238. 315 28—Planning and Zoning Commission, recommending rezoning of property in Hardt Place, south of 32nd Street and East of Wildwood Drive " from Single Family to Multiple Residence.... 239 " 28—Palmer Robert Mr. & Mrs., claim denied ............... 244 28—Peoples Natural Gas, requesting permission to ex- cavate at 489 Loras Boulevard............ 28—Polfer Joseph, granted Cigarette Permit. ... 249 " " 28—Pussateri Bros. Inc., ranted Cigarette Permit 275 28—Patrum Betty, granted Cigarette Permit. .. .. 28—Pins Arthur, granted Class "B" Beer & Class "C" 276 LiquorPermits.... ............................................... 28—Pusateri Michael F., granted Class "C" Liquor 277, 278 Permit. ......................................... July 6—Planning & 'Zoning Commission, 278 " a of Block 1 and Block 2 of "Knobapproval Grove. 287 19—Peoples Protectors, requesting permission to be recognized at meeting covering Federal Hous- ing, Urban Renewal and Community improve. " ments............................................. 19—Planning & Zoning Commission, recommending the 298 annexation of 1,329 acres of land lying along Peru Road, described as Lots 635 thru " 643, all in North Dubuque Addition . .............. 304, 316 22—Pinard Street, petitions requesting parking re- strictions in the 2900 block Aug. . ............................ 2—Planning & 'Zoning Commission, recommending denial of petition to rezone 312 property on As- bury Road, west of A & P Store, as requested by A. J. Kisting................................... " 2—Planning & Zoning Commission, recommending denial of request to rezone 315 property located at 405 East 21st Street .................. ....................... 315 INDEX —BOOK 101 1971 SUBJECT Page " 2—Planning & Zoning Commission, recommending denial of request for rezoning property located at 195 West 17th Street ......................................... 316 " 2—Planning & Zoning Commission, recommending classification as Single Family Residence, prop- er% described as Lots 635 thru 643 in North 316 Dubuque Addition ................................................... " 2 --Planning & Zoning Commission, recommending classification as Single Family Residence, prop- erty in Belmont Addition and George Nigg's subdivision, Fischer's Subdivision and Lot 2 of Bowden Place, consisting of 3.2 acres . ............ 317 " 9—Planning & Zoning Commission, recommending rezoning of property adjacent to Mercy Medi- cal Center from Two Family to Multiple Resi- dence classification and included in Article IV, Section 2(h) of the Zoning Ordinance. .... 345 " 9—Property Owners required to make, sewer, water and gas connections on streets included in the City of Dubuque 1971 Asphalt Paving Pro- jectNo. 1................................................................. 349 " 9—Planning & Zoning Commission, approval of plat of Lots 1.24 inclusive Block No. 1: Lots 14-40 inclusive Block No. 3; and Lot B in Sunset Park Subdivision No. 3 . .................................................. 350 Sept. 7—Pusateri Michael F., granted Class "B" Beer Permit. 382 " 27—Peoples Natural Gas, requesting permission to excavate near East 18th Street ........................... 390 Oct. 4—Planning & Zoning Commission, recommending the rezoning of property on Dodge Street between Alpine and Hill Streets, from Local Business "A" to Local Business "B": .............................. 403, 404 " 4—Peoples Natural Gas, requesting permit to excavate inCarter Road ........................................................ 407 " 11—Peoples Natural Gas, requesting permit to excavate in West Third Street ............................................. 416 " 20 --Peoples Natural Gas, requesting permit to excavate in South Locust Street ......................................... 425 Nov. 1—Parker Loriel L., Notice of Claim .............................. 440, 511 " 15 --Planning & Zoning Commission, recommending the vacation of an alley lying adjacent to Lot 1 and 2 of Gmehle's Subdivision ............................. 451 " 15 --Peoples Natural Gas, requesting permission to ex- 452 cavate in Langworthy Street and Perry Street. Dec. 6—Planning & Zoning Commission, relative to Sub- division regulations requiring dedication of 478 park space in new subdivisions. ........................ 481 " " 6—Pauley Vernon, Notice of Claim ................................. 6Peoples Natural Gas, requesting permission to ex- — cavate in Sycamore Street .................................. 486 " 6—Powers Place, Agreement between Philip A. Powers and Martha F. Powers and Mr. & Mrs. Karl Justmann et. al. concerning Lot 3 of Sub. of 116—"Powers Lot1 of Lot 1 ......................................................... Place," approval of plat of Lot 1 of 1....... 498 500 " 6—"Powers Place," vacatingplat of Lot 1 and Lot 2 1 500 " of the Sub. of Lot 1 of Lot ............................ . 20—Planning & Zoning Commission, recommending the amendment of the Urban Renewal Plan to per- mit multiple family residences in the Down- 507 town Urban Renewal Project ............................... " 20—Peru Road -Davis Avenue 1970 Sanitary Sewer, 817, 518 " schedule of assessments ......................................... 20—Public Safety Fund, transfer of funds from Emer gencyFund. .............................................................. 524 INDEX - BOOK 101 1971 3UBJECr Page Q Dec. 20—Quinn Patrick R., appointed to the Human Rights Commission............................................................... 505 INDEX —BOOK 101 1971 ---- --- SUBJECT - — Page R Jan. 4—Russo R. N., appointed City Solicitor for the en- suing fiscal year .................. " 4—Reports the City Auditor, I of Treasurer and Water Department. .. ......4, 53, 108, 115, 126, 154, 169, 203, 236, 282, 295, 310, 356, 385, 433, ,440, 479, 510 18—River Valley Community Action Program, request- ing that people from low income bracket be appointed to the Low Rent Housing Commis- sion...............................................................17, 67, 136, 150 " 18—R & S Enterprises, Inc., purchase of Lot 2 of Block 6 in Dubuque Downtown Plaza ............... 22 Feb. 1—Runger Don, submitting resignation on the Du- buque Advisory Commission ................................. 53 I—Report of Audit on Flood Control Grant from August 14, 1969 to August 14, 1970 ................... 54 " 1—Roling Gilbert, sidewalk bond ..................................... 54 " 1—Ridge Motor & Machine Company, objections to the blocking of 12th Street by trucks servicing A. Y. McDonald Mfg. Company ............................. 54 " ]—Resurrection Men's Service Club, requesting beer permit....................................................................... 60 " 1—Retirement Investment Corporation, sanitary sewer to serve Heritage Manor, establishment of con- nection charges. ................................................... 68 " 15—Recreation Commission, submitting activity report for the year 1970 ..................................................... 76 " 15—Ring Gloria M., submitting petition objecting to the operation of business in areas not allowed under the present zoning classification. 76,108, 170, 343 15—Recreation Commission, requesting amendment of budget to include operation of the Hemptead Swimming Pool . ........................80, 99, 185, 215, 296, 358 Mar. 1—Report of the Water Department for the fiscal year1970................................................................... 92 " 1—Russo Romolo N., bond . .............................................. 92 " 1—Report of City of Dubuque 1970 Municipal Streets andParking............................................................. 102 " 1—Rehfeldt Alfred Mrs., requesting annexation of property in Fischers Subdivision ......................... 103, 104 " 8—Roeth Kenneth M., Notice of Claim ......................... 109, 171 " 29—"River Front Subdivision No. 3", approval of plat. of Lot 2-1 and 1-1 of Block 5 . ............................ 131 April 1—Report of the City Auditor For The Year 1970..... 136 11 1—Richman Donna D., Notice of Claim ......................... 137, 155 May 3—Report of the County -City Authority for the year 1970............................................................................. 169 " 3—Richard Construction Co., requesting permission to install boulevard lights in Wildwood Drive..... 177 " 3—R,foth Rurnace & Sheet Metal Works, requesting refund on air conditioning permit ..................... 178 June 7—Resurrection Parish, requesting the widening and grading of Asbury Road . ..........................201, 329, 330 " 7—Hing Robert A. and Mrs. Virginia Ring, ordered to dismantle building and clean up premises located at 668 University Avenue ......................... 204, 260 7 --Rauch Ronald G., urging the recycling of aluminum cans............................................................................. 208 " 7—Rainbo Oil Company, granted Cigarette Permit..... 230 " 14--Reisdorf Joseph E., granted Cigarette Permit......... 233 " 14—Riverside Bowl Inc., granted Cigarette Permit....... 233 " 7—Ruegnitz R. S., granted Cigarette Permit ............... 233 " 14—Reisdorf Joseph E., granted Class "C" Liquor Per- mit............................................................................. 235 " 28—Rogers Katherine, claim denied . .............................. 241 W- INDEX —BOOK 101 1971 SUBJECT Page " 28—Renier Piano & Organ Company, purchase of prop- erty in Downtown Urban Renewal area. .. ..............................................251, 323, 381, 435, 459, 488 " 28—Randall's Foodarama, granted Cigarette Permit..... 275 " 28—Ring Louis A. granted Cigarette Permit . .............. 275 " 28—Ring Richard J., granted Cigarette Permit. .......... 275 " 28—Remy Thomas J., granted Cigarette Permit. ........ " 275 28—Roshek Brothers Co., granted Cigarette Permit....... 276 July 6—Report of audit of City of Dubuque for 1970 by O'Connor, Brooks & Co ................................... 283 " 6—Rosaline Street, request for installation of street light........................................................................... 287, 294 — " 6Rettenberger Max, granted Cigarette Permit......... 291 " 6--Riekena Doris, granted Cigarette Permit ................. 291 " 6—Robinston Gerald L., granted Cigarette PermIt..... 291 22 --Rosemont Street, installation of street lights recommended........................................................... 310 Aug. 2—Riverside Bowl Inc., granted Class `B" Beer Per- mit............................................................................. " 30—Ruden Richard, sidewalk bond ........................... .... 340 357 of30—Roling Leonard, Notice of Claim ................................. 360 7930—Ready Frank J., Notice of Claim ............................... 360 30—Riechmann Elmer & Kathleen, requesting vacation of 16' of Garfield Avenue abutting their prop- erty of Lots 197 and 198 Ham's Add ............... 363, 433 Sept. 7—Randalls Foodarama, granted Class "C" Beer Per- mit............................................................................. 382 Oct. 4—Reisdorf Joseph E., granted Class "B" Beer Permit. 11 410 11—Renslow Dolly, Notice of Claim . ..................... 415 Dec. 6—Report of Municipal Streets and Parking of the City ofDubuque for 1972 . .................................. 491 20—Romac Inc., Grant of Easement to the City of Du- buque for the construction of an Air Raid Civil Defense Siren . .............................................. 528 INDEX —BOOK 101 1971 ------ — SUBJECT Page S Jan. 4—Seippel Lumber Company, requesting rezoning of Lot 2 of Katherine Seippel Subdivision from Single Family to Multiple Family classification. 55, 80 " 4—Sanitary Sewer, b Tale Mound School, completed and accepted......................................................... 8 " "anitary Sewer, John F. Kennedy Road West Side, completed and accepted . ...................................... 9, 64 " "tierman Jerome Francis, granted Beer and Liquor Permits..................................................................... 10, 111 " 18 --Sear Mildred A., Notice of Suit . .............................. 18, 242 Feb. 1 --Sixth Street, installation of a street light recom- mended..................................................................... 54 " 1—Saffran Construction Co., liability policy ................. 54 " 1—Sanitary Sewer constructed to serve Heritage Manor, connection charge . .................................. 68 " 1—Schlickman Douglas L., granted Cigarette Permit. 73 " 1—Shanley Donald P., granted Class "C" Liquor Per- mit............................................................................. 74 " 15 --Swimming Pool Rates, objections to an increase in rates at Hempstead School . ..........................80, 99, 296 " 15—Spanish American War Auxiliary, requesting per- mission to have a tag day ................................... 81 Mar. 1—Streinz John A., Notice of Claim . .......................... 94, 127 " 1—Salvation Army, requesting that the month of March be designated "Salvation Army Month inDubuque............................................................... 101 " 1---Shaffert L. G., requesting refund on Cigarette Per- mit No. 40, and Class "B" Beer Permit No. 110. 101, 102 " 1 --Street Finance Report for 1970, for Municipal 102 Street and Parking . .............................................. " 1—Schwartz Lawrence, granted Class "B" Beer Permit. 105 " 1—Schumacher Earl, granted Class "C" Beer Permit. 105 " 8—Schneider Charles, objecting to the condition of streets with snow and ice ................................... 108 " 8—Schultz Steven P., requesting permission to paint house numbers on curbs in the City . .............. 109 " 15 --Sorenson George, granted Class "B" Beer & Class "C" Liquor Permits . ............................. I................ 123, 124 " 29 ---Glen Peter, Notice of Claim ................. 128 " 29—Strub Robert W., Notice of Claim . .......................... 128, 186 April 1—Schumacher Earl, requesting refund on Cigarette PermitNo. 155 ......................................................... 143 " 1—Sewage Plant and Force Main Program, Phase II, acceptance of a Federal Grant in the amount of $1,822,800................................................................. 144 " 1—Shetler Harry William, granted Class "B" Beer and Class "C" Liquor Permits ............................. 149 " 1—Shanley Donald P., granted Class "B" Beer Permit.148 " 19 --Spiegel William, liability policy . ..............................153 " 19—Smith Construtcion Co., liability policy . .............. 153 " I"anitary Sewer in Kennedy Circle in Key Knolls Subdivision completed and accepted ................... 154 " I" & A Realty Co., offer to purchase alley lying north of Dodge Street between Alpine and Hill Streets and bordering the Del Farm Store Property...................159, 173, 227, 287, 313, 364, 403, 404 " 19—Shetler 11. W., granted Cigarette Permit. .......... 162, 276 " 29—Stecklein Richard N., granted Class "B" Beer per- mit............................................................................... 165 May 3—Schiltz Richard J"liability policy . .......................... 169 " 3--Strub Raphael Ii., sidewalk bond ............................... 169 " "artor Ralph, granted permission to construct a marquee at 1654 Central Avenue . .................... 175 ■'" INDEX - BOOK 101 3-Siegert Funeral Home, petion protesting the rezoning of property at 2815 Hillcrest Road to be used as a funeral home 3-Sunrise Heights Subdivison, approval of plat of Lot A. Blnek 10. 10-Storm Sewer, Crissy Drive from Kaufman Avennue 575 feet north, preliminary plans and specifications. 10-Sixth Street Storm Sewer, preliminary plans and specifications for donstruction of a 15" storm sewer in Sixth Street and alley between Main and Iowa Streets Scholimeyer Paul W. granted Class "B" Beer Permit 7-Sunset Park Subdivision No. 3, Block No. 1 approval to rezone to Multiple Residence classification 7-Swift Plumbing & Heating Co. liability policy 7-Schromen Kenneth, sidewalk bond 14-Super 20 Drive In Theatre, granted Cigarette Permit 14- Soefker John S., granted Cigarette Permit. 14-Schneller Mathias A., granted Cigarette Permit 14-Sutter Joe, granted Cigarette Permit 14-Sauer Eugene, granted Cigarette Permit 14-Steffen John, granted Cigarette Permit 28-Schiltz Albert V. et. Al., requesting that the area on Elm Street between East 20th and East 22nd Street remain at the present zoing classification 28-Storm Sewer 1969 John F. Kennedy Road, completed and accepted. 28-Storm Sewer Extension 1971 Oeth Court, preliminary plans and specifications Storm Sewer 1971 West Third Street and Parkway Sears Roebuck and Company, granted Cigarette Permit Sfikas Buffet, granted Cigareete Permit Shike Richardson Motor Inc., granted Cigarette Permit 28-Shanahan Francis J., granted Cigarette Permit Sorensen George, granted Cigarette Permit INDEX —BOOK 101 1971--____._. _.______SUBJECf Page " 19--Schroemen Ken, liability policy ................................. 295 " 19 -Shaffer Helen & Herald, setlement of suit. .......... 295 " 19-Simonsen's Nursery Inc., Notice of Claim ............... 296 " 22 --Salvation Army, requesting permission to use Town Clock area for street services . .............. 296 Aug. 2 -St. Anthony Messenger, requesting permit to so- licit magazine subscriptions . .............................. 321 " 2 Sfikas Pete S. & Gust Karigan, granted Class ,.C. Liquor Permit . ................................................ 340 " 2-Spiegelhalter Melvin A., granted Class "C" Liquor Permit....................................................................... 340 " 9 -service Station Operators Association Inc., object- ing to the inspection fee . .................................... 348 " 9-Sertoma Club, requesting permission to sell light bulbs......................................................................... 349 " 9 -Sunset Park Subdivision No. 3, approval of plat of Lots 1-24 Block No. 1; Lots 14-40 Block No. 3, and Lot B . .................................................. 350 " 18 ---.Scherer Emma M., granted Class 'B"' Beer Permit. 353 Sept. 7-Sfikas Bessie, granted Class "B" Beer and Class "C" Liquor Permits ................................................. 382 " 27 --Sunset Park Subdivision No. 3, installation of street lights recommended for Blocks 2 and 3. 385 " 27 -Senior High School, requesting permission to held a Homecoming Parade . ........................................ 390 " 27 -Sewage Treatment Plant, complaints concerning the unhealthy odors emanating from the plant. .... 391, 446 " 27-Schiltz Loras F., granted Cigarette Permit. .......... 397, 486 Oct. 4 -Sievers Fred, notice of cancellation of bond. ... 402 " 4 -Spielman Charles J., granted Class "B" and Class "C" Liquor Permits ..................................... 410, 411 " II-Schadle Steven J., Notice of Claim............ I ................ 415, 434 " 11 --Smith Patrick, requesting review of a situation concerning the location of a dog pen on Key WayDrive............................................................... 41.6 " 11 -Sanitary Sewer in Kennedy Road, North-East Side from Spring Valley Road, preliminary plans and specifications . ........................................417, 456, 521 " 20--Shifflet John S., reappointed to the Board of Elec- trical Examiners..................................................... 42 " 26 -Simonsen Ralene A., objecting to having trick or treat nite on a Sunday . .................................. 433 Nov. Standing Forwarding Co., Notice of Claim . ................ 451 " 15 -Stuart Ray Jr., Notice of Claim ................................... 451 " 15 ---St. Vincent DePaul Society Loras-Clarke Chapter, requesting permission to solicit funds . ............ 452 " 15 --Sanitary Sewer in Peru Road -Davis Avenue, com- pleted and accepted.........................................453, 518, 520 " 15 -Schoen John A., granted Class "B" Beer and Class "C" Liquor Permits . ............................................ 466 Dec. 20-Scharnau Ruth, appointed to the Human Rights Commission............................................................. 505 " 2"ingleto:i Samuel, appointed to the Human Rights Commission............................................................. 505 " 20- Slaatz Robert, Notice of Claim . ................................ 512 " 20 -Sanitary Sower, Peru Road -Davis Street 1970 Sewer, schedule of assesments..................................... 518, 520 INDEX — BOOK 101 SUBJECT — ---- - Page 197— 1 T Jen. 4—Telegraph Herald The, appointed official news- 2 paper for the City of Dubuque. ..............••.......• Investment property zoned as Multiple 95 " 4—Tower Residence classification. ..................................5, Mound School, Eight Inch (81 Sanitary 58, 4—Table Sewer completed and accepted............................ 8 18 241 " 18--Tully William. Notice of Claim. ............................ Finance Corporation, purchase of parcel of " 18—Time land in the downtown urban renewal area. .... 23, 69 Feb. 1—Thirty Second Street Detention Basin, preliminary specifications for the cleaning of..... 70, 81 " plans and 1--Thompson John F. granted Class "C" Beer and 105, 148, 233, 277, 473 Cigarette Permits. .. .....73, 15—Thnmpson Edna et. al., objecting to the proposed 80 98 " increase in swimming pool rates. .................... 29—Tscharner Veronica Mrs., Notice of Claim. ...... 128 241 " 29—Test Well No. 1 Pumping Installation, completed 129 April andaccepted................................................ .......... 19—Tri State Paving Company, liability policy. ........ 153 May 13—"Tower Hills ile Home 'Parapproval n. bMobile 194 13—Terrace Heights Home app ovallaof 195, 213 June plan........................................................ 7—Tak`Realty plant TEdthbuilding 3rdand n"eugat1 " Locust Streets. ...................................................... 7—Trapp Marita Mrs. granted Cigarette Permit. ...... 221 230 " 7—Tressel Allen E., granted Cigarette Permit............. ?—Tschiggfrie Raymond, granted Cigarette Permit..... 230 230 " 14—Tigges Doris J., granted Cigarette Permit. ............ 233 233 " " 14—Trausch Bakery, granted Cigarette Permit......... 28—Thomas Farms Addition, approval of plat of Block 5 and Block 6........................................................ 263, 409 " 28—Tenth Street, placed first in study of Topics Im provement as reported by Barton-Aschman 271. 336 Aschman Associates Inc. ... " 28—TOWN CLOCK, removal and relocation completed and accepted. ..................................................271, 272, 439 28—Third Street and Parkway 1971 Storm Sewer, pre- liminary plans and specifications. ................. ,11,11111*1 ......273, 274, 299, 300, 489 " 28—Tarry Leone, granted Cigarette Permit................... 275. 407 July 6—Traffic Signals and Street Lighting equipment, recommendation of City Manager thatequip- ment be purchased from Eagle Signal. .......... 283 " 19—Transamerica, settlement of suit ............................... 297 " 19—Town Clock Plaza Task Force, requesting parade permit...................................................................... 299, 401 " 19—Traffic Signal and Street Lighting Project 1971, preliminary plans and specifications. ......303, 304, 337 Aug. 2—Toom Donald L., appointed to the Advisory Com- " mission...............................................................I ..... 2—Tschiggfrie Excavating, liability policy..................... 315 316 " 2—"Town Clock Plaza," designed and portions of rights of way established..................................... 318 " 9—Tschiggfrie Excavating, requesting permit to ex- cavate in East 24th Street . ................................ 349 " 9—Thompson Gene, complaining of Condition of Dove and Waller Streets . ............................................ 352, 530 " 30—Thoms Allan Mrs., appointed to the Low Rent Housing Commission........................................... 355 Sept. 7—Thurston Florence, Notice of Suit. .......................... 372 Oct. 4—Town Clock Plaza Task Force, Grand Opening and Dedication of Town Clock Plaza . ...................... 401 " 4—Tigges Doris J., granted Class "B" Beer Permit..... 410 INDEX —BOOK 101 1971 SUBJECT rage 26—Tax Levies for the Year 1971 to be Collected in theYear 1.972 ........................................................... 432 Nov. 1—Tigges Doris J., granted Class "C" Liquor Permit. 444 15—Trowbridge Kenneth Hally, Notice of Claim........... 451 15—Town Clock Plaza, Urban Renewal Project Iowa R-15, Section 1, General Contract, Section 11, Electrical Contract . ............................461, 463, 464, 465 Dec. 6—Trenkle Property, offer of purchase for the law en- forcement center . .................................................. 477 20—Terry Agnes M., Notice of Claim ............................... 512 INDEX —BOOK 101 SUBJECT - ~---- Page RENEWAL PROJECT, IOWA R-15. Sale of Jin 1g—URBAN $3,082,000 Project Notes (Series 1971). ... 20 " RENEWAL PROJECT, IOWA R-15, sale of 18—URBAN parcel of land in urban renewal area to R & S Enterprises Inc., and Time Finance Corpora - 23, 69 Feb. tion. 1—URBAN RENEWAL PROJECT, IOWA R-15, Cer- tificate of Completion to Optometry Center 69 Inc............................................................................... 1—URBAN RENEWAL PROJECT, IOWA R-15, ad- bids for demolition and site vertising of clearance of parcels of real estate of real 102, 250, 305. 369 " estate. ............................71, 15--Udelhoven Jerry L„ granted Cigarete Permit.......... 84. 275 Mar. 15—URBAN RENEWAL, approval of Redesignation of Redevelopment Area 5 regarding private land development by Molo Oil Company. .... ......................................... 119, 120, 227, 250 April 11—URBAN RENEWAL PROJECT IOWA R- 5, deliv- ery of deeds to Kenneth A. Hartig, Company and the First National Bank for purchase of property in the Downtown Urban Renewal Project, Iowa R-15 . ............145, 146. 227, 250 " 19—URBAN RENEWAL PROJECT IOWA R-15, Sale of project notes in the amount of $3,305,000, Third Series 1971 . ........................160, 161, 186, 379, 426 " 19—URBAN RENEWAL PROJECT IOWA R-15, Agree- ment with Barton-Aschman Associates Inc. for Phase 11 Services for the Main Street Pedes- trianway. 161 May 24—URBAN RENEWAL PROJECT IOWA R-15, Amen- datory Application for Loan and Grant. ........ ...............................I......................................197, 253, 378, 492 June 7—United States of America, renewal of lease cov- ering 0.85 acre in Ham's Addition ..................... 203 " 28—United Transportation Union, objecting to weeds and trees growing on Industrial Island ............. 248 " 28—URBAN RENEWAL PROJECT IOWA R-15, intent to sell a parcel of land in the downtown urban renewal area to Renier Piano & Organ Com- ;,.,oy. ....................................251, 323 381, 435, 459, 488 " 28—URBAN RENEWAL PROJECT IOWA it -15, intent to sell a parcel of land in the downtown urban renewal area to Thomas F. Leibold. ........252, 322, 368 July 6—United States of America, grant from the City of Dubuque of right of entry on lands, ease- ments, rights of way and other properties of saidCity................................................................. 289 Aug. 2—URBAN RENEWAL PROJECT IOWA R-15, accept- ance of delivery of deeds to real estate in the Downtown Urban Renewal area, from Paul- ine A . Jewell and William Jewell . ............. 322 " 2—United States Department of Housing and Urban Development, application for a Grant to aid in construction of feeder mains and modern. ization of water works system . ........................ 324 " 2—United States Department of Housing and Urban Development, application for a Grant to aid in construction of the Center Grove Valley Sani- tary Interceptor Sewer and the South Dubuque Sanitary Interceptor Sewer . ................................ 325 Sept. 7—URBAN RENEWAL PROJECT IOWA R-15, pro. viding assurances pursuant to uniform reloca- tion assistance and real property Act of 1970. 380 " 27—University of Dubuque, granted Cigarette Permit. 397 INDEX —BOOK 101 1971 -- -- SUBJECT Pacrr Nov. URBAN RENEWAL PROJECT IOWA R-15, Approv- ing Fixed Price Competition Method for of- fering land in the downtown urban renewal project for Redevelopment . ................................ 459, 508 15 --URBAN RENEWAL PROJECT IOWA R-15, Invita- tion for Proposals for the purchase of property located at 9th & Iowa Streets, & 6th and Locust. Streets....................................................................... 460, 509 " 15—URBAN RENEWAL MAIN STREET PEDESTRIAN - WAY PHASE I ELECTRICAL CONTRACT, completed and accepted . ...................................... 461 " 15—URBAN RENEWAL. PROJECT IOWA R-15, TOWN CLOCK PLAZA -PHASE H, SECTION 1 GEN- ERAL CONTRACT, SECTION II. ELECTRICAL CONTRACT . ............................................461, 462, 464, 465 " 22—IJRBAN RENEWAL PROJECT IOWA R-15, Sale of Project Notes in the amount of $1,588,000 (Fifth Series 1971) . ................................................ 469 Dec. —URBAN RENEWAL PROJECT IOWA R-15, transfer of funds from the General (Land Sales) Fund to the Project Expenditures . .............................. 487 " 20 --URBAN RENEWAL PROJECT IOWA R-15, approv- ing a change providing for ..Multiple Family Residences in the downtown urban renewal area............................................................................. 507 20—URBAN RENEWAL PROJECT IOWA R-15, Con- demnation of certain parcels of real estate in Lot 2 Block 5 in Dubuque Downtown Plaza. 524 INDEX -BOOK 101 SUBJECT _.-_- page ►/ Mar. 8—Veterans of Foreign Wars, requesting permission 109 sale. ................. t have a poppy •••••"""""""" Permit.. Class " i 182 May 3—Vnn Duelman Carl, granted er 13. amelia, requesting permission eo 196 --Vernon petitions seeking the end of the Vietnam War. June 7—Voelker Thomas W., reappointed to the Board 201 of Zoning Adjustment . .................. I.......... Robert G. Dr., appointed to the Advisory 7—Vernon Commission. 7—Vogel George C. Notice of Claim ........................••••• 201 185, 209 7—Vatt David E. and Marjorie R. requesting quit deed to Lot 1 of Bloci 4 of "Churchill claim 226 ................................................. Heights."................. 28---VanDuelman Carl, granted Cigarette Permit........... 275 July 19 -.Vogt Joseph D., interest in purchasing property in 600 block on Kane Street . ............................ 299 Sept. 27—Vierkant Erwin G., Notice of Claim ......................... 386, 512 INDEX —BOOK 101 1971 SUBJECT per; W Jan. 4—Welter Harold B., granted Class "C" Beer Permit. Feb. 1—Waste Water Treatment Facilities Site Precon. solidation, completed and accepted . ................ " 15--Wa-Tan-Ye-Club, requesting proclamation of "Wa. Tan -Ye -Week in Dubuque." ................................ Mar. 1—Weit7 A. L., submitting recommendation for the consolidation of Police and Fire personnel and the utilization of one person for reading all utilitymeters......................................................... " 1—Water Department report for the fiscal year 1970. 8—White William J. B., granted Class "C" Beer Per- mit ..... ................................... ........... ............ .............. 29—Witterholt JoAnn, Notice of Claim. ............................ " 29—Water Department Test Well No. 1 Pump Installa- tion, completed and accepted .............................. April 1—Waite Vera F., Notice of Claim .................... .......... " 1—Wedig Kathleen L., granted Class "B" Beer Permit. 19—Whitenbaugh Wayne, objecting to dead elm trees adjacent to his property ......................................... May 3—Water Main Extension in Peru Road, permit issued by Iowa State Department of Health ............... " 3—Wildwood Drive, request for installation of Boule- vardlights................................................................. 10—Winkler Louis J., granted Class "B" Beer and Class "C" Liquor Permits.........................................191, " 10—Walgreen Drug granted Class "C" Beer Permit. June 7—Waller Robert, reappointed to the Airport Zoning Commission........................................................... " 7—Wunderlich Gail Mrs., ordered to dismantle build- ing and clean up premises located at 2313 Roosevelt Street .............................................. 7—Wolfe John, Notice of third party petition by I. C. Railroad as a result of injuries suffered while working on 1970 flood protection ....................... 7—Williams Karl V. requesting rezonmg of property at 405 East Est Street from Local Business "A" to Local Business "B." " 7—Warehouse Market, granted Cigarette Permit ...... " 14—Walsh Stores, granted Cigarette Permit ................ 14—Winkler Beatrice, granted Cigarette Permit. ........ " 14—Wallace Colleen, granted Cigarette Permit ............. 14—Wareco Systems of Iowa, granted Cigarette Permit~ " 14—Welsh Enterprises Inc., granted Cigarette Permit. 14—Wallace Colleen M., granted Class "B" Beer Permit. 28—Water Main Extension for Valentine Drive, permit issued by IowaState Department of Health..... 28—Wahlert R. C. et. al., requesting that owner of prop- erty at 215 Fremont be required to clean up and fix up premises. ........................................ ­ " 28—Westerfield Martin & Esther, granted Cigarette Permits....................................................................... 28—Wunder Eileen, granted Cigarette Permit ............... 28—Wong Chuck N., granted Cigarette Permit ............. 28—Woolworth Company, granted Cigarette Permit..... "28—Walgreen Drug Store, granted Cigarete Permit..... 11 28—Weiland Frank C., granted Cigarette Permit......... " 28—Weiner Helen, granted Cigarette Permit ................. 28—Wertz Don E., granted Cigarette Permit ................. 28—Wunder Eileen, granted Class "B" Beer and Class "C" Liquor Permits ............................................. 28—Wallace Colleen, granted Class "C" Liquor Permit. 28—Welsh Enterprises Inc., granted Class "C" Beer Permit. ........................................................ 28—Weiner Helen, granted Class "B" Beer and Class „C„ Liquor Permits...................I........................ 1w. 10 63, 451 80 137, 91 92 113 128 129 171 148 153 167 177 192, 1 9 201 207, 20 210 221, 315 230 233 233 233 233 233 234 236 275 275 275 276 276 276 276 276 277, 278 278 277 277, 278 INDEX — BOOK 101 SUBJECT Page 1971 ---- July 6 ---Wallace James A. et. al., advising the Council of a e to stigate the formation Hosing and proposed its l need for Ecumenal 284 location..................................................................... 6—Wedig Kathleen, granted Cigarette Permit ............... Cigarette Permit. ........ 291 " 6—White William J., granted " 6—Welter Harold B., granted Cigarette Permit........... of name in Sunset Park 291 " 19—Winne Court, correction 303 Subdivision............................................................... Aug. 2—Water Works Improvements under the Housing Urban Renewal Act of 1965,.filing of al)- and plication for a grant. ................................ " 30—Wallis John Rider, complaining of loud &noisy 324 355 automobiles, motorcycles and trucks . .............. 357 „ ........... 30—Welter John F., sidewalk bond . ................... 386 Sept. 27—Woodhouse Lucille A., setlement of claim. .......... " & Company Inc., release of lien to the 27—Westphal City and Healy Mechanical Contractors Inc..... 386 " 27—Wa•Tan-Ye Club, requesting permission to sell 39l Halloween candy. ........................................ Robert H. et. al., requesting installation of 27—Wahlert sanitary sewer in Sunset Ridge ........................... 392 Oct. 20—Washington Street Neighborhood Area, opinion of the Supreme Court on the appeal concerning 422 rezoning........................... ........................................ " 20—Wahlert High School sophomores, requesting per. 425 mission to conduct a parade . .............................. Nov. 1—Water Main Extension Project 1971, Rockdale Road and Southern Avenue, preliminary plans and 494, 496 specifications .....................................................442, " 1—Warehouse Market, granted Class "C" Beer Per- mit............................................................................. 444 Dec. 6—Water Department, notification by the U. S. En- vironmental Protection Agency that the City water supply has been certified for use on 478 Interstate carriers . ................................................. " 20—Whalen Lyle J., requesting permission to construct a self service car wash . ...................................... 517 " 2,& --Wertz Donald E., granted Class "C" Beer Permit. 528 " 20—Welter Harold, granted Class "C" Beer Permit. .... 528 Y Mar. 8—Yourell Gerald, Notice of Claim ................................. 109, 186 Oct. 11—Y.M.C.A. Men's Club, requesting permission for a Halloween parade . ................................................ 416 j7 April 19—Zurcher John, requesting the vacation of an alley off of Marquette Place . ................................156, 171, 208 June 28—Zaimes Patrick, granted Cigaret Permit . ................ 275 Nov. 15—Zook Roy M. et al., requesting rezoning of Powers property adjacent to Hoover School to Single Family District Classification. 453 Regular Session, January 4, 1971 CITY COUNCIL OFFICIAL Regular Session, January 4, 1971. Council met at 7:30 P.M. (C.S.T.) Present --Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. City Manager Gil- bert D. Chavenelle. Mayor Meyers read the call and stated that service thereof had been duly made, this being the FIRST MEETING OF THE FISCAL YEAR OF 1971, called for the pur- pose of acting upon such business as may properly come before the meeting. Outgoing Mayor Meyers ex- pressed appreciation and thanks to all Council members, the Staff, all employees from the top to the 1,)west for the fine cooperation they have given him during his year as Mayor. Councilman Pregler moved that Councilman Couchman be elected to serve as Mayor for the year of 1971. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Councilmen Bitter, Mey- ers. Moldenhauer, Pregler. Not Voting—Councilman Couch- man. City Clerk Frommelt adminis- tered the oath of office to Mayor Gaylord M. Couchman who took his proper place in the Mayor's chair at the Council table. Mayor Couchman stated that this is the fourth year for him on the Council and expressed high- est regard and esteem for the rest of the members on the Council. lie is amazed at the caliber of thought thai goes into discussions. RESOLUTION NO. 1-71 Providing for the Appointment of a City Manager, City Clerk and City Solicitor for the City of Dubuque, Iowa: prescribing their salaries and fixing their bonds. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the following officers be appointed, subject however, to the right of the Council to declare such offices vacant or remove the W officers therefrom at the pleasure of the Council with or without cause, and to be paid the compen• sation provided in the budget ap- proved November 2, 1970, as amended, and that the City Man- ager provide a $5000 bond and the City Solicitor provide a $1000 bond at their own expense, and that the City Clerk be covered under the Blanket Honesty Bond. City Manager, Gilbert D. Chav- enelle City Clerk—Leo F. Frommelt City Solicitor—R. N. Russo Passed, adopted and approved this 4th day of January 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Mayor Couchman administered the oath of office to the aforemen- tioned appointees for the positions of City Manager, City Clerk and City Solicitor. January 2, 1.971 To the Honorable Mayor and Members of the City Council. As City Manager I wish to advise your Ilono able Body that all of- ficers and employees who I have power to appoint and are under my supervision, direction and control, and whose appoinmtents continue at the pleasure of the Manager and who are now serving in their respective capacities shall be paid tialaries in accordance with the 1970 salary rates plus six per cent, except that members of the fire and police departments shall be paid according to the attached salary rate sheets; and further that the positions of Fire Chief, Police Chief, Foreman and Garage mechanics are adjusted by an ad- ditional pay grade. 2 Regular Session, January 4, 1971 Since wages are still being con- sidered, it is anticipated thatfur- ther wage considerations will be brought before the Council. Respectfully submitted, GILBERT D. CHAVENELLE, City Manager Councilman Bitter moved that the communication be received and filed. Second by Councilman Mey- ers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. RESOLUTION NO. 2-71 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. That. THE TELEGRAPH HER- ALD, a daily newspaper of general circulation, be appointed the of- ficial newspaper of said City. Passed, adopted and approved this 4th day of January 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Resolution Naming Depositories RESOLUTION NO. 3--71 BE IT RESOLVED by the City Council of City of Dubuque, Du- buque County, Iowa: That we do hereby designate the following named banks to be depositories of the City of Dubuque funds in amounts not to exceed the amount named opposite each of said desig- nated depositories of the City Treasurer is hereby authorized to deposit the City of Dubuque funds in amounts not to exceed in the aggregate the amounts named fo said banks as follows, to -wit: American Trust & Savings Bank Dubuque, Iowa , Maximum Deposit in effect under prior resolution $4,000,000. Maximum Deposit under this resolution $5,000,000. First National Bank, Dubuque, Iowa, Maximum Deposit in effect under prior resolution $4.000,000 Maximum Deposit under this reso. lution $5,000,000. Dubuque Bank & Trust Company, Dubuque, Iowa, Maximum Deposit in effect under prior resolution $3,000,000. Maximum Deposit under this resolution $5,000,000. Key City Bank & Trust Company, Dubuque, Iowa, Maximum Deposit in effect under prior resolution $3,000,000. Maximum Deposit under this resolution $3,000,000. The vote on the resolutions is as follows: Yeas — Gaylord M. Couchman, Mayor, Joseph J. Bitter, Donald R. Meyers, Wayne A. Moldenhauer, Walter A. Pregler, Councilmen. Nays — None. Dated at Dubuque, Iowa, this 4th day of January 1971. Leo F. Frommelt City Clerk The attached resolution Naming Depositories replaces the resolu- tion which you had in our file dated 1-5.70. Maurice E. Baringer Treasurer of State Mayor Couchman moved adoption of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas --Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. ,January 2, 1971 To the honorable Mayor and Members of the City Council. An Ordinance has been prepared allocating and making appropria- tions of tax levies and other sources of revenue for expendi- tures of the City Government of the City Dubuque, Iowa, for the fiscal year beginning January 1, 1971 and ending December 31, 1971, and authorizing certain transfers of funds. This Ordinance is in accord with the budget expenditures adopted r by the City Council on November 2, 1970. Respectfully submitted, GILBERT D. CHAVENFLLE City Manager Regular Session, January 4, 1971 Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays --None. ORDINANCE NO. 1-71 An Ordinance allocating and making appropriations of tax levies and other sources of revenue to the expenditures for City Govern- ment in the City of Dubuque, for the fiscal year beginning January 1, 1971 and ending December 31, 1971 and authorizing certain trans- fers of funds, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas --Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. ORDINANCE No. 1.71 An Ordinance allocating and making appropriations of tax levies and other sources of revenue to the expenditures for City Government In the (,Sty of Du• buque, for the fiscal year beginning January 1, 1971 and ending December 31, 1971 and authorizing certain trans- fers of funds. Be it ordained by the City Council of the City of Dubuque: Section 1. That there Is hereby apo - Gated and appropriated from the esti- mated revenue from all tax levies In the City of Dubuque, together with the estimated receipts from sources other than taxation and unencumbered ba- lances from the fiscal year of 1970, all as hereinafter set forth, to the pay- ment of the necessary expenditures of the city government in the following amounts and for the purposes set forth In this ordinance and to that end the transfers of funds as hereinafter set forth are hereby authorized, to wit: 1971 CITY OF nURUnUE BUDGET ALLOCATION Gen. Fund. Levy In Mills 3.874, From Taxes $368.809, Misc. Rev. $262, 450•, Uneneum. Bal. $24,000, Total Approp. $655.267. St. Fund, Levy in Mills 1.193, From Taxes $113.575, Misc. Rev. $11,999, Unenrum. Bal. $36,000, Total Approp. $161,574. Pub. Safety Fund, Levy in Mills 13.310, From Taxes $1,267,128, Misc. Rev. $511,080••, Unencum. Bal. $31,500, Total Approp. $1,809,708, Sanitation Fund, Levy In Mills 2.525, From Taxes $240383 Misc. Rev. $269.244, Unencum, hal.' $25,000, Total Approp. $534,627. Municipal Enterprise Fund, Lev> in Mills 2.367, From Taxes $227,245, Misc. Rev. $143,486, Unencum. Bal. $33,763. Total Approp. $404,494. Rec. Fund, Levin Mills 4.237 From Taxes $403,367, lullsc. Rev. $93,463, Un- encum. Bal. $19,000, 'Total Approp. $515,770. Utilities Fund, Levy in Mills 2.090, From Taxes $198,970, Misc, Rev. $1,139.897, Unencum. Bal. $474,679, Total Approp- $1,813,546. Functional -Sub Total, Levy to Mills 29.616, From Taxes $2.819477 ,4'1Misc. Rev. $2,431,567. Unencum. Baf. $6,942, To- tal Approp. $5,894,986. Debt Service, 9.001, From Taxes $856,906, Misc. Rev. $3,543, Total Approp. $860,449. Trust Agency, Levv in Mills 9.355. Fron, 'Taxes $890,607, Misc. Rev. $4,165, Unencum. Bal. $5,000, Total Approp, $899,772. Emergency For Public Safety, Levy in Mills 999, From Taxes $95,166, Misc. Rev. -43 Total Approp. $95,063. Tort Liability, Levy in Mills .302. From Taxes $28,751, Misc. Rev. -25, To- tal Approp. $28,726. Sewer Rental. Misc. Rev. $634,6(111, Unencum. Bal. $314,067, Total Approp. $948,667. Street (Road Use Tax) Mics. Rev. $860,000, Unencum. Bal. $44,209, Total Approp. $904,209. Parking Facilities, Misc. Rev. $239,000, Unencum. Bal. $25,161, Total Approp. $264,161. Total, Levy in Mills 49.273, From Taxes $4,690.1147, Misc. Rev. $4,172,807, Uncncurn. Bal. $1,032,379, Total Approp. $9,896.033. • Includes $31,483 State Replacement of Frozen Monies and Credits Tax. — Includes $225.000 'Transfer from LI quor Profit Fund. Section 2. General Miscellaneous Re- venues. General miscellaneous revenues which are collected during the fiscal year shall be allocated to the feuds and purpose as provided for herein and shall be used for the payment of the expenses of such funds and purposes In the sums herein shown. Section 3. Surplus. Any surplus not specifically allocated for a definite pur- pose in the budget shall be and the same is hereby appropriated and set apart to be applied as contingencies arise or may be used for such proper purposes as the Council may determine upon. Nothing herein contained shall authorize the transfer of funds realized from taxes to a fund or purpose for which any tax levy has not been made, except only with the approval of the State Comptroller. Section 4. Delinquent Tax Collections. Delinquent {prior year's tax collections shall be allocated to the respective funds most logically including the pur• pose for which the tax was levied when and as the same are received by the City Treasurer. Section S. This ordinance shall be in force and effect from and after its final passage, adoption and appproval by the City Council and publieatlon as provided by law, and the appropriations herein provided shall be available when transferred to their respective funds. Passed upon first reading this 4th day of January. 1971. Regular Session, January 4, 1971 -- --. - passed, adopted and approved upon final reading this 4th day of January. Gaylord M. Couchman Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitters OUNCILCEN AT-IT—ST: Leo F. Frommelt CITY CLERK Published officially in The Telegraph, Herald Newspaper this 8th day of January, 1971. Leo F. Fremmelt City Clerk. it 1/a Councilman Meyers moved final adoption of the Ordinance. Second- ed by Mayor Couchman. Carried by the follnwing vote: Yeas—Mayor Couchman, Council. men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Communication of Franz Von. Mann of Sarasota, Fla. requesting information as to the status of the old Majestic (Orpheum) Theatre as to rejuvenation as a possible civic center, presented and read. Councilman Bitter moved that communication be received and filed and also referred to the Urban Renewal Director with in- tructions to follow up. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Communication of Low Rent Housing Commission submitting copy of minutes of their regular meeting held on December 15, 1970 along with a recommendation that the Commission be expanded to include representation from various segments of low-income families and individuals eligible for admission to low -rent housing units, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Water Superintendent as well as a list of claims, for the month of November 1970. Respectfully, GILBERT D. CHAVENELLE City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council. men Bitter. Meyers, Moldenhauer. Pregler. Nays—None. December 3, 1970 To the Honorable Mayor and City Council I herewith submit the reports of the City Auditor, City Treasurer, December 23, 1970 To the Honorable Mayor and City Council, This is to advise that I have approved the following policies and bonds and desire to have your approval on some. Comprehensive Liability Dubuque Stone Products Company. Bituminous Casualty Corporation Fondell & Sons, Inc., The Hartford Insurance Group. Public Official Bonds. Gilbert D. Chavenelle, Merchant Mutual Bonding Co. Gerald Hird, Ohio Casualty Insu- ance Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the policies and bonds be filed subject to approval of the City Solicitor. Seconded by Councilman Moldenhauer. Carried by the fol- lowing votes: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays — None, December 30, 1970 To the Honorable Mayor and Members of the City Council. Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted entrance examinations on October 14, 1970 for the Police Department. The following named persons have passed both the written and physical examinations and are hereby certified for appointment to the POLICE Department. Regular Session, January 4, 1971 Schneider, Williams, J. Jr. 84% Carpenter, Dennis B. 70% Respectfully submitted, LeRoy Il. Giles Chairman Louis F. Fautsch Gerard B. Noonan Members of Civil Ser- vice Commission. Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 30th day of December 1940. Eugene J. Berens Notary Public Councilman Meyers moved that the communication be received and filed and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Molden- hauper, Pregler. Nays — None. Printed Council proceedings for the months of August, September and October 1970, presented for approval. Councilman Pregler mov- ed that the Council proceedings be approved as printed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- auer, Pregler. Nays — None. December 21, 1970 Honorable Mayor and Council Members The City Planning and Zoning Com- mission has reviewed a proposal to have that portion of National Street which lies between Keokuk St. and Burlington St., and which Is adjacent to Lots 85, 86, 92, and 93 of Mc Daniel's Park hill Subdivi- sion, in the City of Dubuque, Iowa, vacated. The Commission has found that the street is not improved and is not being used as a public way. It is the opinion of the Commis- sion that there is no present or future public need for this pro- perty for either, right-of-way or other purposes. It is the recommendation of the Commission that the property be W made available for private use. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved to table the recommendation of the Commission and refer the com- munication to the Manager and Staff for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. December 18, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a public hear- ing on a proposal to classify re- cently annexed property as fol- lows: 1) property owned by Mississippi Valley Milk Producers Asso- ciation as Single Family Re- sidence on the Zoning Map of the City of Dubuque, Iowa. 2) property owned by Tower In- vestment; the Dubuque Com- munity School District; and Byrnes -Waller, be classified Mupltiple Residence on the Zoning Map of the City of Du- buque, Iowa. These properties were annexed to the City of Dubuque, Iowa, by resolution and include approxi- mately 214.11 acres. It is the opinion o fthe Commis- sion that the classifications for the above described properties are in accord with the General Plan for the area. It is the recommendation of the Planning and Zoning Commission that the proposals be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved that the recommendation be referred to the City Solicitor for proper proceedings. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. 6 Regular Session, January 4, 1971 Notice of Claim of Jerry Pre- gler, in the amount of $71.68, for plumbing expense incurred as the result of a plugged up sanitary sewer at 1046 Central Ave. on May 25, 1970, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Notice of Claim of Joseph Mc- Dermott of 2514 Washington Street in the amount of $24.72 for plumb- ing expense incurred as the result of a backed -up sanitary sewer be- tween October and November 5, 1970, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Notice of claim of Donald Gag- ne, in the amount of $15.00 for eye damage incurred while walking on the sidewalk at 14th & Wash- ington Street on December 5, 1970 being struck in the eye by a pro- truding tree limb, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investiga. tion and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Notice of Claim of Paul H. Dem. kier, in an estimated amount of $200., for property damage incur red as the result of a backed-ur sar-itary sewer at 380 Stoltz Street on December 17, 1970, presentee and read. Councilman Meyers moved tha the notice of claim be referrer to the City Solicitor for investiga tion and report. Seconded by Coun cilman Bitter. Carried by thi following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Notice of Claim of Robert Muel- er, in and estimated amount of ,590, for car damage incurred as he result of striking a defective ,urb at Grandview and Bryant on Vovember 11, 1970, presented and ,-ead. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays -- None. Notice of Claim of Mary Meyer, in the amount of $30., for per- sonal injuries received as the re- sult of a fall on an icy sidewalk near Stampfers Department Store, in Town Clock Plaza. on December 24, 1970, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Peter J. Seippel Lumber Co. requesting rezoning of Lot 2 of Katherine Scippel Sub- division (corner of Evergreen Drive & Kaufmann Ave.) from Single Family to Multiple Family Classi- fication, presented and read. Councilman Bitter moved that the petition be referred to the Planning & Zoning Commission for investigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Harry Kirmse et al (18 signers) requesting parking on side of Edison Street only, pre- sented and read. Councilman Meyers moved that the petition be referred to the City Regular Session, January Manager and Traffic Department for investigation and report. Se- conded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Dubuque Plumbing & Heating Co. requesting rezoning of Lot 1 -1-1-1.3 of M. L. 63 from Business "B" Classification to Busi- ness Classification, portion of pro- perty at 100 Bryant St., presented and read. Mayor Couchman moved that the petition be referred to the Planning & Zoning Commission for investigation and report. Second. ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. December 21, 1970 Honorable Mayor End Council Members The City Planning and Zoning Commission has reviewed a re- quest for voluntary annexation of Lots 103, 104 and the Westerly 7' of Lot 102 in "O'Neill's Riverview" Subdivision. The Commission has found that this area can be served with mu- nicipal services and that it is in accord with the general develop- ment plan to annex this area. The Commission has also held a public hearing on a proposal to classify this property Single Fam- ily Residence on the Zoning Map. It is the recommendation of the Commission that the property in question be annexed and that it be classified Single Family Resi- dence. Respectfully submitted, CIty Planning and Zoning Commission Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation al- so to be referred for proper pro- ceedings. Seconded by Councilman Bitter. Carried by the following vote: 4, 1971 7 Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION ANNEXING CER. TAIN TERRITORY TO CITY OF DUBUQUE, IOWA No. 4-71 WHEREAS, the owner of: Lots 103, 104 and the Westerly 7 feet of Lot 102 in "O'Neill's River View," County of Dubuque, Iowa, according to plat thereof, adjoin- ing Northerly City Limits of the City of Dubuque, Iowa, has peti- tioned for annexation; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city gov- ernment in the way of police and fire protection if said territory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure sewer, water and other municipal services if said territory is incorporated within the City Limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30, Code of Iowa 1966, authorizes the exten- sion of city limits in situations of this character by the adoption of a Resolution therefor; and WHEREAS, the future growth, development and preservation of the public health of the City of Dubuque, Iowa, makes it impera- tive that said territory be made a part of the City of Dubuque, Iowa; NOW, THEREFORE, be it re- solved by the City Council of the City of Dubuque, Iowa, that the territorial limits of the City of Dubuque, Iowa, be and they are hereby extended to include the area comprising the following de- scribed real estate: Lots 103, 104 and the Westerly 7 feet of Lot 102 in "O'Neill's River View," County of Du- buque, Iowa, according to Plat thereof. This area is as shown on the Plat attached hereto (Exhibit A) and by this reference made a part hereof, the boundaries of said area being outlined in red thereon. PASSED, ADOPTED AND AP- PROVED THIS 4th DAY OF JAN- 8 Regular Session, January 4, 1971 shall be construed to exact any charge for any extension of said sewer by the City of Dubuque or its permittees. 1.1 -Min. Lot 493, 660.8 I.in. ft. n $6.630911 ..........................$4.381.71 1.2.1 -1 -2 -Min. Lot 483, 149.07 Lin. ft. r' $6.630911 ................$988.47 1 -2.2 -2 -Min. Lot 483, 241.36 Lin. ft. ( $6.&30911 ..................$1,600.44 2.2 -1 -1 -1 -Min. Lot 483, 104.91 Lin. ft. (4 $6.630911 ................$695.65 2.1.1 1 1-11Gn. Lot 4:83, 154.6 Lin. ft. $6.630911 ..................$1,025.14 1-1-1.1 1 Min. Lot 483, 250.31 Lin. ft. (a) $6.630911 ............$1,659.78 2.1.1.1 -Min. Lot 483, 112.58 Lin. ft. (P $6.630911 ......................$746.51 2.1-Schrup's Sub., 102.39 Lin. ft. Ca, 6.630911 .........:..............$678.94 1-1-1-Schrup's Sub., 122.35 Lin. ft. CH 6.630911 ........................$811.29 2 Schrup's Sub., 196.38 Lin. ft. r` $6.630911 .......................... $1,302-18 1.5 -Min. Lot 501, 188.22 Lin. ft. Ci' $6.630911 ..................$1,248.07 2 -Colonial Place, 368.92 Lin. ft. en $6.630911 ........................ $2.446.28 8-1.& 2 -13 -Min. Lot 501, 60.5 Lin. ft. a, $6.630911 ................$401.17 7 -1•&2 -13 -Min. Lot 501, 74.5 Lin. ft. (2; 6.630911 ..................$494.00 2-6.1-&2-13 Min. Lot 501, 25.4 Lin. ft. @ $6.630911 ................$168.42 1.6.14k2.13 Min. Lot 501, 25.4 Lin. ft. @ $6630911 ................$168.42 5-1-&2.13 Min. Loot 501, 50.8 I.in. ft. (a $6.630911 ................$336.85 4-1-&2-13 Min. loot 501, 50.8 Lin. ft. G:1 $6.630911 ................$336.85 3.1-&2-13 Min. Lot 501, 50.8 loin. ft. a $6.630911 ................$336.85 2,1-&2.13 Min. Loot 501, 50.8 Lin ft. r' $6.630911 ................$336.85 1-1-&2.13 Min. Lot 501, 50.8 loin. ft. (4, $6.630911 ................$336.85 1.1 -Min. Lot 500 & Min. Lot 501, 40.0 Lin. ft. (u' $6.630911..$265.24 2 -1 -Min. Loot 500 & Min. Lot 501, 33.0 Lin. ft. g' $6.630911..$218.82 2 -3.1 -Min. Lot 500 &hiin. Lot 501, 5.0 Lin. ft. ((i $6.630911 ....$33.15 1 -1.3 -1 -Min. Loot 500 & Min. Loot 501, 109.9 Lin. ft. a $6.630911..$728.74 1 -Min. Lot 504, 264.0 Lin. ft. (4? $6.630911 ........................ $1,750-56 1.1 -7 -Min. Lot 501, 70.03 Lin. ft. (ii, $6.630911 ....................$464.36 2 -1 -7 -Min. Lot 501, 56.5 Lin. ft. 0 $6.630911 ............................$374.65 e 2.1.1.2 -7 -Min. Lot 501, 40.65 Lin. ft. Ot $6.630911 ..................$269.55 1.1 -1.1.2.7 -Min. Lot 501, 371.5 Lin. ft. C) $6.630911 ..............$2,463.38 UARY, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. I\Tays-None. RESOLUTION NO. 5.71 Resolution accepting the eight inch Table Mound School Sani- tary Sewer, constructed from Catfish Interceptor Sewer to the Table Mound School, WHEREAS, Under the provi- sions of Ordinance 60.60, Dubuque Community School District, has constructed a Sanitary Sewer, and WHEREAS, The City Engineer has inspected the same and the City Manager has recommended its acceptance, and WHEREAS, The permittee un- der said ordinance has filed with the City Council a certified state- ment showing all the amounts paid in connection with the construc- tion of said sewer, including engi- neering and inspection fees amounting to $35,751.22. Section 1. That said sewer is hereby accepted by the City of Du- buque and that the same be here- after a public sewer under the exclusive charge and control of the City of Dubuque. Section 2. That hereafter any person or persons desiring to con- nect with said sewer shall first ap- ply to the City Manager for per- mission to do so and such permis- sion shall be granted upon condi- tion that the applicant shall vol- untarily annex his pertinent prop- erty to the City of Dubuque and shall pay to the City Treasurer for the account of the Dubuque Community School District, a con- nection charge as shown in th following pro -rated connection cost of assessable footage. How ever, nothing in this Resolution Regular Session, January 4, 1971 2 -2 -7 -Min. Lot 501, 159.05 Lin. ft. $6.630911 ..................$1.054.65 2 -1 -1.1.2 -7 -Min. Lot 501, 97.58 Lin. ft. C@ $6.630911 ................$647.04 6 -Min. Lot 501, 101.0 Lin. ft. (n) $6.630911 ............................$669.72 2 -1 -1 -2 -7 -Min. Lot 501, 73-7 Lin. ft. $6.630911 ......................$488.70 1 -2 -1 -Min. Lot 482, 218.0 Lin. ft. C0 $6.630911 ..................$1,445.54 2 -1 -1 -1.2 -Min. I.ot 483, 660.0 Lin. ft. Cn $6.630911 ............$4,376.40 $35,751.22 Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution in the office of the County Recorder of Dubuque, County, Iowa. Passed, adopted and approved this 4th day of January, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved that the resolution be amended in Sec- tion 2 by inserting the following "voluntarily annex: his pertinent property to the City of Dubuque and shall". Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Meyers moved adop- tion of the resolution as amended. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. September 28, 1970 To Honorable Mayor and City Council This is to advise you that the sanitary sewer constructed in John F. Kennedy Road—West Side from Spring Valley Road to West 32nd Street, a distance of 1,384.53 feet, has been completed in accordance with plans and specifications by Tschiggfrie Excavating of Du- buque, Iowa Respectfully submitted, Gilbert D. Chavenelle City Manager Council Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. Final Estimate RESOLUTION NO. 6.71 WHEREAS, the contract for the John F. Kennedy Road Sanitary Sewer—West Side—from Spring Valley Road to West 32nd Street, has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $9,599.98. That $8,345.94 of the cost there- of shall be assessable upon private property and $1,254.04 shall be paid from the #0508.0301 Fund of the City of Dubuque. Passed, adopted and approved this 4th day of January, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish No*ice.) RESOLUTION NO. 7-71 WHEREAS, the contract for the construction of the John F. Ken- 10 Regular Session, January4, 1971 nedy Road Sanitary Sewer— eSt to Side—from Spring valley West 32nd Street, has been com- pleted and the City Manager has examined the work and filed his certificate stating thatt the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby di- rected to prepare a plat and sched- ule showing the lots or parcels of real estate subject to assess. ment for said improvement and file the same in the office of the City Clerk subject to public in- spection and said Clerk shall apon receipt of such plat and schedule publish the notice of the Council's intention to levy special assess- ments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of sewer bonds issued upon the above de- scribed improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 4th day of January, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque. Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Lucky Stores, Inc., 200 South LAo- cust Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 4th day of January, 1971. Gaylord M. Couchman Mayor RESOLUTION NO. 8.71 BE IT RESOLVED by the City Council of the City of Dubuque, Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 9-71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Donald Kies, 2620 University Ave- nue Joseph E. Bell, 263 Main Street Florence Brede Herburger, 2987 Jackson Street Jerome Francis Stierman, 2255 J. F. Kennedy Road CLASS "C" BEER PERMIT Harold B. Welter, 534 Ithomberg Avenue John Neumeister, 729 Lincoln Ave. nue Lucky Stores, Inc., 200 S. Locust Street The Great Atlantic & Pacific Tea Co., Inc., 2685 Dodge Street Regular Session, January 4, 1971 ] Passed, adopted and approved this 4th day of January, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 10.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council, and WHFREAS, 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 bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Donald Kies, 2620 University Ave- nue Joseph E. Bell, 263 Main Street Florence Brede Herburger, 2987 Jackson Street Jerold Franeis Stierman, 2255 J. F. Kennedy Road CLASS "C" BEER PERMIT Harold B. Welter, 534 Rhomberg Avenue John Neumeister, 729 Lincoln Ave- nue Lucky Stores, Inc., 200 S. Locust Street The Great Atlantic & Pacific Tea Co., Inc., 2695 Dodge Street BE IT FURTHER RESOLVED that the binds filed by the within named applicants be and the same are hereby approved. Passed, adopted and approved this 41h day of January, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 11.71 WHF,REAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- CEIVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123—as amended by the Goth General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Donald Kies, 2620 University Ave- nue Jerold Francis Stierman, 2255 J. F. Kennedy Road Passed, adopted and approved this 4th day of January, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. 12 Regular Session, January 4, 1971 RESOLUTION NO. 12.71 WHEREAS, applications for I,iquor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa. that the Manager be. authorized to cause to be is- sued to the following named ap- plicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Donald Kies, 2620 University Ave- nue { Jerold Francis Stierman, 2253 J. F. Kennedy Road Passed, adopted and approved this 4th day of January, 1971. Gaylord M. Couchman Mayor Walter A. Pregleit Wayne A. Molde haue Donald R. Meyer Joseph J. Bitter i Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Bitter moved an ex. pression of appreciation and ap. proval of Councilman Meyers ef- forts in the way that the office of Mayor was conducted last year. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. There being no further business Councilman Meyers moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Leo F. Frommelt City Clerk Approved Mar eh...z 9, ......1971 March 29, ,.1971 AttesZ" ........................................... City Clerk Special Session, January 12, 1971 13 CITY COUNCIL OFFICIAL Special Session, January 12, 1971. Council met at 7:30 P.M. (Cen. tral Standard Time) Present - Mayor Couchman, Councilmen Bitter, Meyers, Mol. denhauer, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is called to CONSIDER DATA PROCESSING OF CITY RECORDS and acting upon such other busi- ness as may properly come before a regular meeting of the Council. Mr. A. N. McDonald of Baxter McDonald dr Co. submitted the following information processing report to the City Council: 1. INTRODUCTION A. Origins and Scope of the "Dubuque Project" 1. The Statewide Interest 2. The Interest of the City B. Current Status of the Proj- ect I. Changes in Statutes 2. Procedural Changes in the City of Dubuque C. Future Plans in Dubuque I. Scope of the Recom- mendations 2. The Path to Implemen- tation 11. THE MUNICIPALITY AS A DATA BASE A. The Data Base Concept B. Data Base Elements 1. Fiscal File 2. Personnel File 3. Parcel/Building File 4. Equipment File 111. THE USES OF INFORMATION A. Planning and Budgeting 1. The Meanings of Effi- ciency 2. Planning -Programming - Budgeting 3. Dubuque's Program Budget and Measures of Output 4. Periodic In -Depth Review B. Management 1. Exception Reporting 2. The Manager's Signature C. Operations I. Centralization and In. formation Efficiences (See Table v-5) 2. Future Improvements D. Monitoring I. The Concept of Moni. toring 2. The Impact on Public Administration E. Community Information Exchange 1. The City Council a. Program Reports b. Agenda Control and Issue Papers 2. Communications with the Public IV. AUTOMATIC DATA PROCESSING A. The Role of Data Process- ing I. The Basic Purpose 2. Conversion vs. Automa. tion B. Minimum Requirements 1. Responsiveness and Flexibility 2. File Security 3. Practical Use of the Data Base Concept C. Alternative Sources of Data Processing I. An In -House Computer 2. Service Bureau Con- tracts for Specific Applications 3. Facility Management 4. Mini -Computers and Teleprocessing D. Current Status of Data Processing V. THE NEXT STEPS A. The Budget Process 1. Extending the Recom- mendations 2. A Training Program for Senior Staff B. Information Processing C. Data Processing Services RESOLUTION NO. 13.71 Resolution Authorizinq the City to Enter into a Long -Term Com- prehensive Date Processing Agreement WHEREAS, the City of Dubuque has made material progress in re- vising its procedures for budget- ing, accounting and information management; and WHEREAS, the City of Dubuque has analyzed the capability and 14 Special Session, January 12, 1971 cost of alternative sources of data processing services. NOW THEREFORE; BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the City Manager be and is hereby authorized to enter into a three year contract for data processing services in accordance with the city's automatic data processing master plan. Passed, adopted and approved this 12th day of January 1971. Gaylord M. Couchman Mayor Donald R. Meyers Walter A. Pregler Joseph J. Bitter Councilmen Attest: Leo F. F"rommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—Councilman Moidenhauer. At 10:30 P.M. Councilman Preg- ler moved to go into executive session to consider appointment to Boards and Commissions and also to consider a proposal of sale of city owned real estate on the In- dustrial Island. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Ritter, Meyers, Moldenhau- er, Pregler. Nays—None. Leo F. Frommelt City Clerk The Council reconvened at 11:00 P.M. with the Mayor making the announcement that the deal of pro- posed purchase of property will be revealed at a later date. Mayor Couchman submitted the following names for appointment to the Hu- man Rights Commission: Dr. Vir- gil Cruz for reappointment to a three year term to 1.1.74; Mrs. Jane Graves to replace Mr. Frank Hickey in the unexpired term to 1-1.72; Al. Moran to take the place of Mrs. Jane Graves for appoint- ment to a three year, term to 1-1- 74. Councilman Bitter moved con. firmation of the appointments. Approved ..March. 2.9.,. ..... 1971 Ap d ..March 29......1971 .. ............. __.. _... ......... ... .................y ..., ....... un — Attest ......................... ' City Clerk Special Session, January 18, 1971 15 CITY COUNCIL OFFICIAL Special Session, January 18, 1971. Council met at 7:30 P.M. Cen. tral Standard Time. Present — Mayor Couchman, Councilmen Bitter, Meyers, Mol. denhauer, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meet - int; is called for the purpose of Levying Assessments to pay for construction of Curb & Gutter and Hot Mix -Hot Laid Paving pro- grams, and authorizing the is. suance of Urban Renewal Notes and acting upon such other busi- ness as may properly come be- fore a regular meeting of the City Council. Office of City Assessor December 23, 1970 Dubuque City Council To the Members of the City of Dubuque Conference Board: RE.: Protest of assessment to District Court of real es- tate owned by Henry & Carl Feye & American Trust & Savings Bank Trustees, located on Cen- tral Ave. between 6th & 7th Sts., described as S. 8' of City Lots 289 & 289A, City Lots 290, 290A & 291. The above appellants appeared in District Court protesting the as- sessment on the above property of $13,947.00, which assessment had been reduced from $18,499.00 by the Board of Review meeting in May 1970. Two disinterested ap- praisers appraised this property at between $15,000.00 & $30,000.00. Before the appellees case was heard, the trial was adjourned to allow appellees to secure the at- tendance of its valuation witness. Mr. Thomas Valentine, appraiser for the J. M. Cleminshaw Co., con- ferred with City Solicitor Romolo Russo and City Assessor James Gregory and recommended that in his opinion, after reviewing the assessment, making a personal in- spection of the building, and re- viewing all the income aspects of the property that $30,000.00 would be the present fair market value of this property. Mr. Russo conferred with the ap- pellants attorneys and they accept- ed the $30,000.00 figure presented. It was therefore decreed by the Court that the actual and fair mar. ket value of the property as of January 1, 1970, be and it is here. by decreed to have been in the sum of $30,000.00 allocated: $9,474.00 to Land $20,526.00 to Bldgs. ($30,000.00) Or an assessed value of: $2,558.00 to Land $5.542.00 to Bldgs. ($8.100.00) Respectfully submitted, James J. Gregory City Assessor Mayor Couchman moved that the communication be received and made a matter of record. Sec. onded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. Communication of Dubuque Art Ass'n recommending that a sculp- ture be used in the Town Clock Plaza, such as "Tri -tend" prefer- ably a Dubuque native, Thomas Gibbs, presented and read. Mayor Couchman moved that the com. munication be referred to the Ur- ban Renewal Director for con. tinued conversation and recom. mendation. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. Printed Council proceedings for the month of November 1970 presented for approval. Council- man Meyers moved that the pro- ceedings be approved as printed. Seconded by Councilman Pregler. Carried by the following vote: Peas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims paid 18 Special Session, January 1.8, 1971 during November 1.970, presented and read. Councilman Meyers moved that the proof of puhlica- tion be received and filed. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Urban Re- newal advising that Mr. Wm. Woodward, a member of the Task Force of the Five Flags Project (Orpheum Theatre Restoration and Exhibit Center) is prepared to make a report to the Council on the present status of the Five Flags project and requesting time at, this meeting, presented and read. Councilman Meyers moved that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Meyers moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. thanks and appreciation from the Council with instructions thatsame be transmitted to his parents. January 18, 1971. To the Honorable Mayor and Member of the City Council. I accordance with the provisions of Chapter 365 of the 1966 Code of Iowa. the Civil Service Commis- sion conducted entrance examina. tions on October 14. 1970 for the Police Department. The following named person has passed both the written and physi- cal examinations and is hereby certified for appointment to the Police Department. I.uchsinger, William M. 9210. Respectfully submitted. LeRoy H. Giles Chairman Gerard 13. Noonan Louis F. Fautsch Members Civil Service Comm. Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 18th day of January 1971. Eugene J. Berens Notary Public Mr. Wm. Woodward reported on the Five Flags project in the ab. sence of Mr. Wayne Norman. Ile presented each Council member with the Articles of Incorporation of the "Dubuque Five Flags Cen- ter Fund." The task force is being expanded to include Financial, Architectural and public relations assistance. Executive Directors are to be named and a professional fund raiser is being considered. The anonymous Donor to the proj- ect is the Telegraph herald Foun- dation in the amount of $150,000. This could go up to $900,000 on matching collections on a five to one ratio. $25,000 already has been given to the County Historical So- ciety to he held until the Corpora- tion calls for it. Mr. Wm. Wood. ward stated that the donors are his father and mother. He received Councilman Meyers moved that the communication be received and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas. --Mayor Counchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. January 15, 1971 DUBUQUE INDUSTRIAL BUREAU City Council An application for purchase of a parcel of city -owned land has been received by this committee from the Wm. C. Brown Publishing Company of Dubuque. In part, the application reads, "about three years ago we pur- chased 12 acres from Interstate Power Company on Highway 52 with the belief that utilities would be available. Dut to no fault of the city of Dubuque, these facilities are not available at this time and it is indefinite when water and sewer will be available." In the opinion of this committee the Win. C. Brown Publishing Com- Special Session, January 18, 1971 17 pany has been an excellent corpor- ate citizen and a credit to Du- buque. It has grown from I % em- ployees in 1944 to 159 employees and a payroll of $1,250,00 at the present time. The intent of the company is to build a 65,000 square foot plant in Dubuque Industrial Park cost- ing over one million dollars, with another building of 100.000 square feet planned for the future, and an expected growth rate of at least 10 per cent per year. It is therefore the recommenda- tion of this body that City Council take the following action: 1. That a platted parcel of land in Block 5, Riverfront Subdivision No. 3 measuring 11.17 cares be sold to Wm. C. Brown Publishing Co. of Dubuque. 2. That this land be sold to Wm. C. Brown Publishing Co. for $5,000 per acre, or a total of $55,850 for the tract. 3. That construction of this plant be commenced within one year of council approval to sell the land, and completed within two years of delivery of deed, otherwise ownership of said land to revert to the City of Dubuque, and purchase price, less damages, be refunded buyer. 4. That all buildings, yards, parking lots, fences and ancillary improvements be constructed in conformity with city codes, and manufacturing processes carried out in accord with city ordinances. 5. That City Council approval to sell said land, and buyer's accept- ance, be subject to existing ease- ments, if any. Respectfully submitted: Mayor's Industrial Committee Gaylord M. Couchman Mayor Joseph R. Voelker Chrm. Dock Board Robert E. Dorothy Mgr. Industrial Bureau Councilman Pregler moved ap- proval of the recommendations and the communication be referred for proper proceedings. Seconded by Councilman Bitter. Carried by the following vote: Yeas --Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of River Valley Commu. nity Action Program, Senior Citi- zens, Head Start, Parent Advisory Committee, and Youth Council groups, requesting an equal num- ber of low-income people with voting privileges be appointed to the Low Rent Housing Commission and also submitting a list of five names, presented and read. Mrs. Edna Thompson presented the petition containing approxi- mately 600 signatures and stated that they are not being heard at the low -rent Housing Commission meetings. Mrs. Mary Fleming spoke in favor of expanding the membership of the Low Rent Housing Commission. Rev. Odden a member of the Commission stated that they do not want to get an unwieldy petition and thought the addition of five members as sug- gested would create such a condi- tion. Mrs. Allen Thoms, a member of the League of Women Voters, stated that they do support in- crease of membership on the Low Rent Housing Commission to in- clude low-income groups. Councilman Bitter moved that the City Solicitor be instructed to prepare an amended Ordinance to allow for a membership increase on the Low Rent Housing Com- mission. Seconded by Mayor Couch- man. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Councilman Meyers moved that the petition of the River Valley groups be referred to the Low -Rent Housing Commission. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays --None. January d, 1971 lion. Mayor & City Council On May 7, 1970, Original Notice with Petition attached was served, wherein Mrs. Ray (Salome) Hanten, plaintiff, commenced an action in the District Court of Dubuque County, Iowa against City of Du- buque, Iowa and Dubuque Com- munity School District. This peti- tion is in four separate counts each asking the sum of $15,000.00, of 18 Special Session, January 18, 1971 which $15,000.00 is against the. City Of Doubuque, Iowa and Dubuque Community School District, Joint- ly, $15,000.00 is against Dubuque Community School District and $30,000.00 is against the City of Dubuque, Iowa and that said action has been pending in the District Court of Dubuque County, Iowa as Law No. 38807 and that the said alleged cause of action arose out of an incident that occurred on the 19th day of January, 1969 and wherein plaintiff, while walking in a westerly direction on the pub- lic sidewalk adjacent to Bryant School, allegedly slipped on ice, fell and sustained an impacted fracture of the right distal radius, with resultant displacement and, in addition thereto, allegedly suf- fered pain and suffering and loss of wages and that this matter was being prepared for trial at which time the plaintiff made an offer of settlement in the amount of $2,500.00. That the offer of settlement should be approved by the City Council in view of the fact that the City Attorney has agreed that the City shall contribute the sum of $1,00.00 to said settlement amount and that it would be in the best interests of the City that said litigation be settled, and therefore, it is the recommendation of the City Attorney that the City Auditor be instructed to draw a warrant in the amount of $1,000.00 payable to Mrs. Ray (Salome) Hanten and transmit the same to the City At- torney for delivery upon receipt of duly executed releases and Dis- missal of said action with preju- dice. Copy of Original Notice with petition is returned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Sec- onded eaonded by Councilman Bitter. Car- ried by the following vote: Yeas—Mayor Couchman, Coum cilmen Bitter, Meyers, Molden• hauer, Pregler. Nays—None. Notice of claim of Mrs. Wm. (Carrie) Lukan of Cascade, Iowa in the amount of $85. for personal injuries received in a fall in the Locust Street Parking Iiarrip or December 2, 1970, presented and read. Councilman Pregler moved that the notice of claim be re- ferred to the City Solicitor for investigation and report. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilman Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Notice of claim of Bill Tully, in the amount of $18.50 for expense incurred as the result of a backed - up sanitary sewer at 1539 Gar- field Ave. on January 3, 1971, pre- sented and read. Councilman Preg- ler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Moldenhauer, Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Notice of claim of Harlan B. Grant, in an undetermined amount for sidewalk damage incurred as the result of a snow plow travers- ing the sidewalk at 335 W. 2nd Street on January 5, 1971, present- ed and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden• hauer, Pregler. Nays—None. Notice of claim of Mildred A. Sear, in an undetermined amount, for personal injuries received in a fall on an ice covered sidewalk at 395 Main Street on December 11, 1970, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investi. gation and report. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays—None. Notice of claim of Ivan S. Dow in behalf of Jeffrey L. Dow, a mi- nor in an undetermined amount, for personal injuries received by Special Session, January 18, 1971 19 said minor, as the result of a fall in the crosswalk of W. Locust and W. 17th Street on December 19, 1970, presented and read. Council- man Pregler moved that the notice of claim be referred to the City Solicitor for investigation and re- port.. Seconded by Councilman Mol- denhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Notice of claim of Selma Massey, in an undetermined amount, for personal injuries received in a fall on an icy sidewalk at 2241 Central Ave. on January 6, 1971, presented and read. Councilman Pregler moved that the notice of claim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Notice of Claim of Samuel R. Hutchison, in the amount of .$10.00, for personal property damage in- curred as the result of a city ga- rage truck striking a basketball rim and backboard at 3180 Keo- kuk Street on December 21, 1970, presented and read. Councilman Pregler moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Notice of claim of Clarence F. Bradley, in the amount of $68.87, for car damage incurred as the result of being struck by a snow- plow on December 11, 1970 at Stet - more and Theisen Streets, present- ed and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas --Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays—None. ORDINANCE NO. 2.71 An Ordinance vacating a por- tion of St. Mary Street from Northern Property Line of the West 23' of Lot 1 of City Lot 601 to the Southern Property Line of the West 23' of Lot 1 of City Lot 601, Presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mavor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Councilman Meyers moved that a public hearing be held on the Ordinance on February 15. 1971, at 7:30 P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to pub- lish notice of same in the manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of Cottingham & Butler, as property managers of the build- ing located at 1301 Central Ave., requesting permission to construct an enclosure over a stair well on the east 13th side, presented and read. Councilman Meyers moved that the petition be referred to the City Solicitor for proper proceed- ings. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None, special Session, January 18, 1971 20 Petition of Dubuque Association of the Blind requesting permis- sion to conduct their annual candy sale through the months of Febru- ary and March, presented and read. Councilman Moldenhaoer moved that the petition be granted. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers. Molden- hauer, Pregler. Nays—None. Petition of Dubuque Packing Co. requesting renewal of a restricted plumber's license for Archie T. Kuehn, presented and read. Coun- cilman Meyers moved that the pe- tition be referred to the Plumbing Inspector. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas—Mayor Couchman. Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of Audrey Connor et al 09 signers) requesting relief of the student parking problem on Loras Blvd. presented and read. Councilman Pregler moved that the petition be referred to the City Manager and Traffic Depart- ment for investigation and report. Seconded by Mayor Couchman. Carried by the following vote: Yeas --Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of sale of project Notes for Urban Re- newal in the amount of $3,082.000. presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas --Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION No. 14.71 Authorizing the sale, issuance and delivery of project notes in the aggregate principal amount of $3,082,000 and ttie execution of Requisition Agreement No. 1, 1971 in connection with the Downtown Urban Renewal Pro- ject, Project No. Iowa R-15. WHEREAS. City of Dubuque (herein called the "Local Issuing Agency") has entered into one or more contracts (which, together with anv supplements thereto or amendments or waivers of any pro- visions thereof, are herein called the: "Contract") with the united States of America (herein called the "Government") providing for a loan by the Government to the 1,0 - cal Issuing Agency for financing the urban renewal, low -rent hous- ing or redevelopment projects (s) described in the Contract and here- in called the "Project": and WHEREAS, pursuant to adver- tisement for the receipt of propo- sals for the purchase of the nrst Series 1971 of Project Notes (rere- in sometimes called "New Project Notes") of the Local Issuing Agen- cy aggregating $3,082,000, which appeared in a Notice of Sale pub- lished on December 29, 1970 and January 5, 1971, in the Telegraph - Herald in the City of Dubuque, Iowa, and in The Daily Bond Buyer in the City of New York, New York, proposals for the purchase of the New Project Notes in the form approved by the Local Issuing Agency were received, opened. and canvassed at the time and place mentioned in said advertisement, to wit: at Council Chambers. City Hall, 13th and Iowa in the City of Dubuque, Iowa 52001 at one o'clock P.M. E.S.T., on January 12, 1971, which proposals are aq follows: Name of Bidder Interest Rate Principal Amount Premium Pittsburgh National Bank 2.8214, $3,0820lt1 $ 681K) The Northern Trust Co. 2.82%, $3,082,000 $ 47.00 Bank of America N.T. do S.A. Bankers Trust Co. 2.83.. $3,082,000 $ 74 00 The Philadelphia National Bank 2.8311. $3,082,000 $ 21.T, Special Session, January 18, 1971 21 Continental Illinois National Bank and Trust Company of Chicago The First Boston Corporation Mellon National Bank and Trust Co. First National City Bank 2.85% $3,082,000 $ 63.00 Morgan Guaranty Trust Co. of N.Y. Solomon Bros. 2.85%, $3,082,000 $ 46.00 Central National Bank & Trust Co. Des Moines, Iowa 2.875, $3,082,000 -0- The First National Bank of Boston 2.8811, $3,082,000 $ 12.00 The Chase Man- hattan Bank, N.A. 2.9017c $3,082,000 -0- First National Bank of Sl. Paul 3.04% $3,082,000 $150.00 NOW, THEREFORE, BE IT RE- SOLVED by the CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. The aforesaid publica- tion of the Notice of Sale and the form and contents thereof as so published are hereby, in all re- spects, approved, ratified and con- firmed. Section 2. In order to provide funds to pay expenses incurred or to be incurred In the development. of the Project, or to refund, re- new or extend its ouLstanding Notes issued in connection there- with, the Local Issuing Agency hereby determines to borrow the sum of Three Million Eighty Two Thousand Dollars ($3,082,000) and issue its negotiable Project Notes therefor. Section 3. The Local Issuing; Agency hereby ratifies and ap- proves the form of each proposal hereinafter in this Section 3 enu- merated for the purchase of the designated principal amount of Notes and determines that each such proposal offers to purchase such Notes at the lowest interest rate and is therefore accepted, and said Notes are hereby awarded to the purchaser, as follows: Principal Amount $3,082,000, In- terest Rate 2.82,, Purchaser Pitts- burgh National Bank, Pittsburgh. Pennsylvania. Section 4. Each Note shall be da- ted February 9, 1971, shall be pay- able as to both principal and inter- est to bearer, on June 4, 1971, and. Pursuant to each proposal for the purchase of said Notes hereinabove accepted, shall bear the rate of in- terest per annum, payable at ma- turity; shall bear the numbers and be in the denominations; and shall be payable as to both principal and interest at the incorporated bank having trust powers or incorporat- ed trust company, as follows: Purchaser, Pittsburgh National bank; Numbers, 1-123; Denomina- tions, $25,000; Interest Rate, 2.82%; Payable At Morgan Guaranty Trust Company, New York, New York, Purchaser, Pittsburgh National Bank; Numbers, 124; Denomina- tions, $5,000; Interest Rate, 2.82%; Payable At Morgan Guaranty Trust Company, New York, New York. Purchaser, Pittsburgh National Bank; Numbers, 125.126; Denoml- nations, $1,000; Interest Rate 2.821"0; Payable At Morgan Guar- anty Trust Company, New York, New York. None of such Notes shall be valid until after the bank or trust com- pany at which it is payable shall have signed the agreement, appear- ing on each Note, to act as paying agent thereof. Each such Note shall be executed in the name of the Local Issuing Agency by the man- ual or facsimile signature of the Mayor and City Treasurer of the Local Issuing Agency and shall have the corporate seal of the Lo- cal Issuing Agency impressed, im- printed or reproduced thereon and attested by the City Clerk, and said officers are hereby authorized and directed to cause said Notes to be properly executed. Section 5. Each such Note shall be in substantially the form of IIUD-9010, which is incorporated herein by reference, and shall be secured by an agreement entitled "Requisition Agreement No. 1- 1971" (herein called the "Requisi- tion Agreement"), in substantially the form of HUD -9003, which is in- corporated herein by reference, to be entered into between the Local Issuing Agency and the Govern- ment. 22 Special Session, January 18, 1971 Section 6. The Requisition Agree- ment shall be executed in the name of the Local Issuing Agency by the manual or facsimile signature of the Mayor of the Local Issuing Agency and shall have the corpor- ate seal of the Local Issuing Ag- ency impressed, imprinted or re- produced thereon and attested by the City Clerk, and said officers are hereby authorized and directed to cause the Requisition Agree- ment to be properly executed. Secti,)n 7. For the punctual pay- ment of the principal of and inter- est on the New Project Notes, the Local Issuing Agency hereby ex- pressly and irrevocably promises to pay any sums which may be re- ceived from the Government pur- suant to the Requisition Agree- ment relating to such series of Pro- ject Notes and said Agreement, when executed by the Government, is hereby declared to be and is hereby assigned by the Local Is- suing Agency for the benefit of the holder or holders from time to time of the New Project Notes. All contributions, funds and amounts authorized or required by the Con- tract to be applied to the payment of Project Loan Notes (referred to in the Contract as "Project Temp- orary Loan Obligations", "Advance Notes" or "Permanent Notes") as issued in connection with the Pro. ject are hereby irrevocably pledged to secure the payment of the prin- cipal of and interest to maturity on the New Project Notes. Such pledge and the lien created thereby shall cease and terminate when monies or investment secur. ities convertible into cash not later than the maturity date of the New Project Notes, sufficient and for the purpose of paying the principal and interest to maturity on suck, Notes, are deposited with the pay ing agent for such Notes. Section 8. The proceeds derives from the sale of the New Project Notes, together with such amount of other funds of the Local Issuint Agency as may be necessary, shal. be applied, simultaneously with the receipt of said proceeds, in accord anee with the provisions of the Requisition Agreement. Section 9. The City Treasurer i hereby authorized and directed ti send promptly a letter to each pay ng agent for the New Project Votes in substantially the form of [IUD -9004, which is incorporated ierein by reference, and to trans - nit therewith (a) the New Project Votes for which the addressee is the paying agent for delivery and payment and (b) a signature cer- tificate and receipt, in accordance with the terms of said letter, and to take such other actions as may be required to complete the deliv- ery transaction in accordance with the terms of the letter to the pay- ing agent. Passed, approved, and adopted this 18th day of January, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Wayne A. Moldenhauer Joseph J. Bitter City Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider authoriza- tion of execution of proposed agreement between the City and Time Finance Corporation for pur- chase of Urban Renewal land, pre- sented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at th.- time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 15-71 Authorizing the Execution of a Certificate of Completion for R $ S Enterprises, Inc. WHEREAS, under date of Aug ust 6, 1970, the City of Dubuque Special Session, January 18, 1971 23 entered into a Contract for the Sale of Land for Private Redevel- opment with R & S Enterprises, Inc. for the real estate hereinaf- ter described; and WHEREAS, under the terms of said contract the subject real estate was conveyed by the City of Dubuque to R & S Enterprises, Inc. who constructed thereon cer- tain improvements; and WHEREAS, Section 307 of said contract provides that upon com- pletion of the improvements the City of Dubuque will furnishR & S Enterprises, Inc. a Certificate of Completion; and WHEREAS, it has determined that the required improvements have been satisfactorily completed; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the Mayor and City Clerk be and they are here- by authorized and directed to ex- ecute a Certificate of Completion for the R & S Enterprises, Inc. for the improvements located on Lot 2 of Block 6 in Dubuque Down- town Plaza in the City of Du- buque, Iowa, situated in the Down- town Urban Renewal Project, Iowa R-15. SECTION 2. That the Clerk be and he is hereby authorized and directed to file a copy of this resolution and the executed copy of the Certificate of Completion in the office of the County Re- corder in and for Dubuque Coun- ty, Iowa. Passed, approved and adopted this 18th day of January, 1971. Gaylord M. Couchman MAYOR Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter COUNCILMEN ATTEST: Leo F. Frommelt CITY CLERK Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 16.71 Authorizing the Execution of a Contract for Sale of Land for Private redevelopment with Time Finance Corporation WHEREAS, pursuant to Resolu. tion No. 392-70 dated December 14, 1970, and a Notice of Public Hearing published in the Tele- graph -Herald, a newspaper of gen• eral circulation in the City of Du. buque, Iowa, on December 22, 1970, and December 29, 1970, City Council met on the 18th day of January, 1971, at 7:30 o'clock P.M., Central Time, in the City Council Chambers, of City Hall, Dubuque, Iowa, to consider the proposal to dispose of the interest of the City of Dubuque to a portion of Reuse Parcel 3-1 in the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, pursuant to said resolution a copy of the Redevel- oper's Statement for Public Dis- closure and a copy of the pro- posed form of Contract for Sale of Land for Private Redevelop- ment were placed on file in the office of the City Clerk for public inspection; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral and written, to the proposal to dispose of said in- terest of the City of Dubuque in the above described real estate to Time Finance Corporation, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the Mayor and City Clerk be and they are hereby authorized and directed to enter into a Contract for Sale of Land for Private Itedevelopment in ac- cordance with the terms of the Disposition Documents governing such sale with Time Finance Cor- poration for the real estate known as South 79 feet of the East 85.18 feet of Lot I of Block 3 in Du- buque Downtown Plaza also known as the South 79 feet of the East 85.18 feet of Disposition Parcel 1 of Block 3 in the Downtown Ur- ban Renewal Project, Iowa R-15, containing 6,729.22 square feet more or less, subject to survey, and legally described as South 79 feet of Lot of I of Block 3 in Du- buque Downtown Plaza in the City of Dubuque, Iowa. 24 Special Session, January 18, 1971 SECTION 2. That said parcel of real estate shall be sold for $2.50 per square foot for a total price of $16,823.05 subject to final sur- vey of the land to be conveyed. Passed, approved and adopted this 18th day of January, 1971. Gaylord M. Couchman MAYOR Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter COUNCILMEN ATTEST: Leo F. Frommelt CITY CLERK Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pivgler. Nays—None. November 30, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed the final plat of Block 4 and Block 5 in Mettel-Byrne Subdivision in the City of Dubuque, Iowa. The Commission has found that the plat conforms to the proposed plat for this area and meets the minimum requirements of the sub- division ordinance. It is the recommendation of the Commission that the plat be ap- proved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden hauer, Pregler. Nays—None. Subdivision to be known as Block 4 and Block 5 in Mettel-Byrne Ad- dition in the City of Dubuque, Iowa, by Mettel Realty and Invest- ment Co; and WHEREA., upon said plat al) pear streets to be known as Cres- ton Street and Glenwood Court, to- gether with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, execpt that street grades have not been established, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Creston Street and Glenwood Court, together with the ease- ments for public utilities as the same appear upon said plat, be and the same are hereby accepted, Section 2. That the plat of Block 4 and Block 5 in Mettel-Byrne Ad- dition in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, exe- cute their written acceptance here. to attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Creston Street and Glenwood Court with bituminous concrete, or with con- crete paving with integral curb, all in accordance with City of Du- buque standard specifications; b. To install sanitary sewer RESOLUTION NO. 17-71 mains and sewer service laterals Resolution Approving the Plat of in accordance with plans submit - Block 4 and Block 5 Mettel-Byrne ted with the plat; Addition in the City of Dubuque, c. To install water mains and Iowa water service laterals in accord. WHEREAS, there has been filed ance with plans submitted with with the City Clerk a plat of the the plat; Special Session, January 18, 1971 25 d. To install storm sewers and catchbasins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City En- gineer and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the in- spection of the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Subdivider, Mettel Realty and Investment Co., as owner; i. To construct said improve- ments, except sidewalks, prior to February 1, 1973, and to construct the sidewalks prior to February 1, 1975; and further provided that said Mettel Realty and Investment Co., as owner of said Subdivision, se- cure the performance of the fore- going conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event biettel Realty and Investment Co., shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolu- tion, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. PASSED, ADOPTED AND AP- PROVED by unanimous recorded roll call this 18th day of January, A.D., 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OR RESOLUTION NO. V-71 We, the undersigned C.E. Mettel and A.J. Mihm respectively Presi- dent and Sec-Treas. of Mettel Real- ty & Investment Co, having read the terms and conditions of the foregoing Resolution No. 17-71 and being familiar with the conditions thereof, hereby accept the same and agree to perform the con- ditions required therein. Dated at Dubuque, Iowa, this 22nd day of January, 1971. C. E. Mettel Pres. A. J. Mihm, Sec-Treas. TO: LEO F. FROMMELT CITY CLERK. This is to certify that the secur- ity provided by the foregoing RES- OLUTION NO. 17-71 has been fur- nished by the owners. Dated at Dubuque, Iowa, this 4th day of February, 1971. /s/ Gilbert D. Chavenelle City Manager Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. January 13, 1971 To the Honorable Mayor and City Council I am writing to inform you that the construction of the Iowa Street Parking Ramp and Seventh and Iowa Streets has been completed in accordance with the plans and specifications by the Conlon Con- struction Company. The total cost of the facility's construction was $709,275.44. The facility has been inspected and approved by the Engineer - Architect, DeLeuw-Cather Com- pany, and I recommend the im- provement be accepted. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved that the communication be received and filed. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. 28 Special Session, January 18, 1971 Final Estimate RESOLUTION No. 18.71 WHEREAS, the contract for the Construction of the Iowa Street Parking Ramp at Seventh and Iowa Streets has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mates, notices, inspection, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $709,275.44 and shall be paid from Revenue Bonds. Passed, adopted and approved this 18th day of January 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk bonds issued upon the above de - improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 18th day of January, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilman Bitter, Meyers, Molden- hauer, Pregler. Nays — None. (A Pesolution Accepting Improvement) RESOLUTION No. 19.71 WHEREAS, the contract for the Construction of the Iowa Street Parking Ramp at Seventh and Iowa Street has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com. pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer, be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Revenue Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing of Levy of Special As- sessment and Intention of the City Council to issue bonds to pay for cost of CITY OF DUBUQUE, 1970 CONCRETE CURB & GUTTER PROJECT NO. 1 on: 1. Locust Street from S.P.L. of Fourth Street to S.Y.L. of Eighth Street. 2. Pennsylvania Avenue from the W.P.L. of Lot 2.1-E /2-SW?a Section 21 T. 89 N. R. 2E westerly to the Corporation limits, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Council- man Meyers moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas --Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Statement of City Clerk certify- ing that notices of levy and inten- tion of the Council to issue bonds were mailed by certified mail on December 17, 1970, to property owners of record subject to assess- ment to pay for cost of construct- ing City of Dubuque 1970 Concrete Curb & Gutter Project No. 1 pre- Special Session, January 18, 1971 27 rented and read. Councilman Mey- ers moved that the statement be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Statement of Ray Rampson, a member of the Engineering De- partment, certifying that Notices of Assessment and Intention of the Council to issue bonds were posted on December 29, 1970, in the assessable district of City of Dubuque 1970 Concrete Curb & Gutter Project No. 1, presented and read. Councilman Meyers moved that the statement be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 20-71 Schedule of Assessments RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for construction of CITY OF DTTBUQTTE 1970 CON- CRETE CURB & GUTTER PROJ- ECT NO. 1 by Tri-State Paving Co., contractor in front of and ad- joining the same. a special tax be and is hereby levied on the sev- eral lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule. CITY OF DtTBUQUE 1970 CONCRETE CURB & GUTTER PROJECT NO. 1 City Share Assessable Total Construction Cost: $71,149.04 $5,805.88 $76,954.92 Engineering Expense: 4,731.25 580.59 5,311.84 5% Interest -52 days: -0- 41.93 41.93 Total Cost: 75,880.29 6,428.40 82,308.69 City Paid Lot: 99.48 99.48 TOTAL: 75,979.77 6,328.92 82,308.69 Pennsylvania Avenue — from the W.P.L. of Lot 2.1-E.1h-S.W. ?14 -Section 21-T.89 N. R. 2 E. westerly to the Corporation Lim- its with Curb & Gutter. Dubuque Community School District, Lot 2-1, E.% -S. WJ4-Sec. 21-T.89 N.R. 2E 35.64 Mettel Realty & Inv. Com- pany, Lot 1, Mettel Byrne Add. Blk. #1 ...................... 241.35 Mettel Realty & Inv. Com- pany, I.ot 2, Mettel Byrne Add. Blk. #1 ...................... 52.91 Mettel Realty & Inv. Com- pany, Lot 3, Mettel Byrne Add. Blk. #1 ...................... 17.99 Mettel Realty & Inv. Com- pany, Lot 4, Mettel Byrne Add. Blk. #1 ...................... 8.10 Mettel Realty & Inv. Com- pany, Lot 1, Mettel Byrne Add, Blk. #2 .................... 217.86 Mettel Realty & Inv. Com- pany, Lot 2, Mettel Byrne Add. Blk. #2 ...................... 61.77 Mettel Realty & Inv. Com- pany, Lot 3, Mettel Byrne Add. Blk. #2 ...................... 21.85 Mettel Realty & Inv. Com- pany, I.ot 4, Mettel Byrne Add. Blk. #2 ...................... 10.81 Mettel Realty & Inv. Com- pany, L,ot A, Mettel Byrne Add. Blk. #3 .................... 942.67 Dubuque Community School District, Lot 2-1, Byrne's Sub. ....................................1,585.52 Sisters of the Presentation, Lot 1-2, Byrne's Sub . ...... 3,072.45 'Sisters of the Presentation, Lot 3, Byrne's Sub........... 0 6,328.92 'Lot outside City Assessment Paid by City of Dubuque, Lot 3, Byrne's Sub....................................... 99.48 6,428.40 7243 cu. yds. Excavation Cit 1.50 ..............................10,864.50 1709 lin. ft. Combination Curb & Gutter Type "A„ 04 3.30 .................... 5,639.70 39.4 lin. ft. Combination Curb & Gutter Type „B„ C) 3.50 .................... 137.90 3.2 sq. yds. Concrete Drive- way Cd, 8.00 .................... 25.60 294 lin. ft. Fence Remove & Replace @ 1.50 ........ 441.00 12,078 sq. yds. Seedings 61) .25 .............................. 3,019.50 Special Session, January 18, 1971 Catch Basin Single Type 101 A(d 500.00 .............. 1,000.00 52.9 lin. ft. 24" RCCP ( 12.50 ................................ 6,687.50 91.36 lin. ft. 24" Corru gated Pipe Removal 91.36 Total1.00 .................................. Total Construction Cost....27,907.06 City Share ..........................22.101.18 Assessable Amount .......... 5.805.88 10% Engineering .............. 580.59 5% Interest -52 days ...... 41.93 Total Assessable Amount 6,428.40 Passed, adopted and approved this 18th day of January 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to authorize the issu• ante of street improvement bonds in the amount of $6,428.40 to pay for assessed cost of constructing City of Dubuque 1970 Concrete Curb & Gutter Project No. 1, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Council- man Meyers moved that the proof of publication was received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays — None. RESOLUTION No. 21.71 RESOLUTION PROVIDING. FOR THE ISSUANCE OF STREET IM- PROVEMENT BONDS FOR T14E PURPOSE OF PROVIDING FOR THE PAYMENT OF THE AS- SESSED COST FOR THE IM- PROVEMENT OF CITY OF DU. BUQUE 1970 CONCRETE CURB & GUTTER PROJECT No. 1 . whereas the contract heretofore entered into by the City of Dubu- que, Iowa, for the improvements, hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $6,428.40 Dollars of the cost there- of shall be assessed against the pro- prrty subject to assessment there- for; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the inten- tion of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all objec- tions made thereto have been con sidered and determined: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost for the improvement of CITY OF DUBU- QUE 1970 CONCRETE CURB & GUTTER PROJECT NO. 1 on the following named streets: 1. Locust Street from S.P.L. of Fourth Stret-4 to S.P.L. of Eighth Street. 2. Pen- nsylvania Avenue from W.P.L. of ►'ut 24-E%h SWI/4 Section 21 T. 89N. R. 2L westerly to the corpora- tion limits. there shall be issued street im- provement. bonds in the amount of $6,000.00 Dollars in anticipation of the deferred payment of assess- ments levied for such impruvemenl. 2. Such bonds shall be called street improvement bonds; and shall bear the date of February 18. 1971; and shall be numbered con- secutively; and they shall be num- bered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: Special Session, January 18, 1971 29 1 1692-1693 $500.00 April 1, 1971 2 1694- 16195 $500.00 April 1, 1972 3 16% $500.00 April 1, 1973 4 1697 $500.00 April 1, 1974 5 1698 $500.00 April 1, 1975 6 1699 $500.00 April 1, 1976 7 1700 $500.00 April 1, 1977 8 1701 $500.00 April 1, 1978 9 1702 $500.00 April 1, 1979 10 1703 $500.00 April 1, 1980 3. Said bonds shall bear interest at the rate of seven per cent per annum, payable semiannually in ac- cordance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in substan- tially the following form: No..................................... Series No ................ ....... CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, the sum of five hundred dollars with interest thereon at the rate of seven per cent per annum, payable semiannually, on the presentation and surrender of the interest cou- pons hereto attached. Both princi- pal and interest of this bond are payable at. the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque un der and by virtue of Chapter 396 of the 1966 Code of Iowa, as amended, and the Resolution of said City duty passed on the eighteenth day of January, 1971, being Resolution No. 21.71. This Bond is one of a series of 12 bands, all for $500.00 numbered from 1692 through 1703 all of like tenor and date, and issued for the purpose of providing for the pay- ment of the assessed cost for the improvement of the City of Dubu- que 1970 Concrete Curb & Gutter Project No. 1. as described in said Resolution, in said City, which cost is payable by the abutting and ad- jacent property along said improve- ments and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1285 created by the collec- tion of said special tax, and said fund can be used for no other pur- pose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, happen- ed, and performed, in regular and due form, as required by law and said Resolution, and for the assess- ment, collection and payment here- on of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be therto affixed, this 18th day of January, 1971. Mayor City Clerk (Form of Coupon) On the ................................ day of ................................................. the City. of Dubuque, Iowa, promises 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 .................... months' interest due that date on its ........................ BondNo . ............................................ dated.................................................... ................. o=...I........ ........................................ City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed 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 rei;ist.er said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund 1285 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tacher to the bonds be signed with the facsimile signature of the Ma- yor and countersigned with the Clerk. Special Session, January 18, 1971 9. That as fast as funds allow, be ginning with the second year after the payment of interest due the City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by re- gular United States Mail addressed to the last known address of the purchaser. Passed, adopted and approved this eighteenth day of January, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of public hearing of levy of special assessment and intention of the City Council to issue bonds to pay for cost of constructing CITY OF DUBUQUE 1970 HOT MMX -HOT LAID ASPHALTIC CONCRETE PAVING PROJECT NO. 1 on the following named streets: 1. Asbury Road — Maintenance patching near Woodlawn Intersec. tion. 2. Central Avenue—from the N.P.L. of Ninth Street to the N.P.L. of Lot 2 of Lot 2 of Mineral Lot 383. 3. South Grandview Ave nue—S.P.L. of Kerrigan Road t the south end of the street. 4 Joh F. Kennedy Road—from the N.P.L of Pennsylvania Avenue to th S.P.L. of Asbury Road. 5. Locus Street — from the N.P.L. of 4th Street to the N.P.L. of 8th Street 8. Ninth Street—from the E.P. of Locust Street to the E.P,L. o Main Street. 7. Pennsylvania Av nue—from the W.P.L. of Lot 2 E.1/2 -S.W. 1/4 -Section 21-T.89 N. 2E, westerly to the Corporatio Limits. 8. Pennsylvania Avenue Street reconstruction near Wes ridge Drive. 9. Rhomberg Avenu —from the N.P.L. of Marshall Street to Wisconsin Bridge. 10. Shiras Avenue—Replacement west of Rhomberg Avenue Intersection. 11. White Street—from the N.P.I. of 4th Street to the N.P.L. of 10th Street. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Statement of City Clerk certify. ing that notices of levy and inten. tion of the Council to issue bonds to pay for assessed cost were mailed by certified mail on De- cember 17, 1970 to property own- ers of record subject to pay as- sessed cost, to pay for construc- tion of City of Dubuque 1970 Hot Mix -Hot Taid Asphaltic Concrete Paving Project No. 1, presented and read. Councilman Meyers moved that the statement be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Statement of Ray Rampson, a member of the Engineering De- partment, certifying that notices of assessment and intention of the Council to issue bonds were posted in the assessable area of City of Dubuque 1970 Hot Mix -Hot Laid Asphaltic Concrete Paving Project o No. 1 on December 29, 1970, pre- p sented and read. Councilman Mey- ers moved that the statement be e received and filed. Seconded by t Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- f hauer, Pregler. Ave Nays—None. 1- RESOLUTION NO. 22-71 R. Schedule of Assessments n RESOLVED by the City Council of the City of Dubuque, Iowa: That t- to pay for construction of City of e Dubuque 1970 Hot Mix -Hot Laid Special Session, January 18, 1971 31 Asphaltic Concrete Paving Proj- ect No. 1 on the following named streets: 1. Asbury Road -Mainte- nance patching near Woodlawn In- tersection. 2. Central Avenue - from the N.P.L. of Ninth Street to the N.P.L. of Lot 2 of Lot 2 of Mineral Lot 363. 3. South Grand- view Avenue-S.P.L. of Kerrigan Road to the south end of the street. 4. John F. Kennedy Road - from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Asbury Road. 5. Locust Street -from the N.P.L. of 4th Street to the N.P.L. of 8th Street. 6. Ninth Street - from the E.P.L. of Locust Street to the E.P.L. of Main Street. 7. Pennsylvania Avenue - from the W.P.L. of Lot 2.1-E.1,-z-S.W.1/4-Sec- tion 21-T.89 N. R. 2E. westerly to the Corporation Limits. 8. Penn- sylvania Avenue - Street recon- struction near Westridge Drive. 9. Rhomberg Avenue -from the N.P. L. of Marshall Street to Wisconsin Bridge. 10. Shiras Avenue - Re- placement west of Rhomberg Ave- nue Intersection. 11. White Street --from the N.P.L. of 4th Street to the N.P.L. of 10th Street, by Tri-State Paving Co., contractor in front of and adjoining the same, a special tax be and is hereby lev- ied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the follow- ing schedule: Central Avenue -from the N.P.L. of Ninth Street to the N.P.L. of Lot 2 of Lot 2 of Mineral Lot 363. Dubuque Auto Supply, Lot 278, Original Town .......... 102.54 Alfred E. & Marie Barth, Paving Project No. 1 I.ot S.%-277, Original Town.................................. 51.27 Universal Motors, Lot N.%. Total Amt. 277, Original Town .......... 51.27 Universal Motors, Lot 276, Original Town .................. 102.54 Universal Motors, Lot 275, 281,008.99 Original Town .................. 102.54 Universal Motors, Lot S.2'- 274, Original Town .......... 4.01 Universal Motors, Lot S.26' - 25,290.81 N.49'2" - 274, Original Town.................................... 52.07 Universal Motors, Lot N.23' -0- 2"-N.49'2" - 274, Original 591.59 Town.................................. 46.46 Ruth Ann Klauer & Rob. ert D. Hughes Jr., Lot 273, Original Town .......... 102.54 Ruth Ann Klauer & Rob- ert D. Hughes Jr., Lot S.16-272, Original Town.. 51.27 Ruth Ann Klauer & Rob- ert D. Hughes Jr., Lot N.%-272, Original Town.. 51.27 Julien Improvement Co. cont. Pregler, Lot 5.23'4"- 271, Original Town .......... 46.72 Herbert & Roger Hansel - mann, Lot N.28'-271, Orig- inal Town ............................ 56.07 Julien Improvement Com- pany, Lot 1-270, Original Town.................................. 53.79 CITY OF DUBUQUE 1970 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 Assessable Share City Share State Share Total Amt. Construction Cost: 81,913.84 134,957.89 64,137.26 281,008.99 9% Engineering Expense: 7,372.25 12,146.21 5,772.35 25,290.81 5% Interest -52 days: 591.59 -0- -0- 591.59 TOTAL COST: 89,877.68 Paid for City Lots: 1,60'2.59 Total Assessed: 88,275.09 147,104.10 69,909.61 306,891.39 Prop. Purch. 6,500.00 Prop. Purch. 6,500.00 Misc. Cost City Lots Total City Share 303.00 1,602.59 Misc. 303.00 Total Project 313,694.39 155,527.69 32 Special Session, January 18, 1971 John T. & Mary Shanahan, Henry Trenkle Co., Lot S. Lot 2-270, Original Town 48.75 1h -M. 1/5 - 445, Original Nit. St. Bernard Seminary, Town .................................. 51.27 Lot 269, Original Town.... 102.54 Ruth Kleih et al, Lot N.Iri- Benjamin Heston % Int. M. 1/5-445. Original Town 51.27 Mary Bussan ?5 Int., Lot S. Marita C. & Arthur Trapp, 32'8" -S.66' -S 2/5.446, Orig- Lot S.'ri-N.M. 1/5 . 445, incl Town .......................... 65.43 Original Town .................. 51.27 Jerome L. & Mary Bussan, John J. Heiderscheit, Lot Lot N.34' -S.66'8" -S.2/5- N.'i-N.M. 1/5 - 445, Orig. 446. Original Town .......... 68.09 inal Town .......................... 51.27 Francis M. Faber, Lot N.36'- James L. & Bernadette H. S.2/5-446, Original Tswn 72.10 Lane, Lot 2-N.1/5 - 445, Arthur F. & Eileen F. Na- Original Town .................. 51.27 gle, Lot 5.26.2'-M.1/5-446, Frank J. & Anna Pusateri, Original Town .................. 52.41 Lot 1-N. 1/5 - 445, Origi. Rose E. & James H. Welsh, nal Town .......................... 51.27 Lot N.25' -M. 1/5-446, Orig- Henry Trenkle Co., Lot S. inal Town .......................... 50.07 1/5.448, Original Town .... 102.54 Prescott School, Lot N.2/5- Henry Trenkle Co., Lot S. 446, Original Town .......... 205.07 M. 1/5.448, Original Town 102.54 James C. & Laverne E. City of Dubuque, Lot N. Schiltz, Lot N.87'6" -N. 2/5.448, Original Town.... 213.28 3/5.447, Original Ton .. 175.23 City of Dubuque, Lot M. 1/5. Francis M. Faber, Lot S. 448, Original Town .......... 102.54 86'6"-N. 3/5.447, Original Adams Realty Company, Town .................................. 133.18 Lot S. 2/5 - 449, Original Sunny Inc., Lot S. 2/5-4.47, Town .................................. 205.07 Original Town .................. 205.07 William N. Ziepprecht, Lot Caroline M. May, Lot NA21- M. 1/5-449, Original Town 102.54 268, Original Town .......... 84.11 Dubuque Bank & Trust Co., Fischer Investment Co., Lot Lot S. It-N.M. 1/5 - 449, S.97"-268, Original Town 18.36 Original Town . 51.27 Fischer Investment Co., Lot Lot N.11'2"-267, Original ................ The Northern Trust Co., Town .................................. 22.37 Lot N.%-N.M. 1/5 - 448 9, , Fischer Investment Co., Lot Original Town ......... 51.27 3.40'-267, Original Town.. 80.11 The Northern Trust Co., Fischer Investment Co., Lot Lot N. 1/5 449, Original N.2'6"•266, Original Town 5.01 Town .................................. 102.54 Fischer Investment Co., Lot Alice Brown Maus, Lot S. S.48'8"-266, Original Town 97.47 1/5.450, Original Town 102.54 Fischer Investment Co., Lot .... M.T.C. Appliance Co., Lot 265, Original Town .......... 102.54 Fischer Investment Co., 2-S.M. 1/5 . 450, Original Lot 264, Original Town 102.54 Town .................................. 48.22 .......... City of Dubuque, Lot N.231- General Drivers & Helpers 263, Original Town 48.06 Local 421, Lot I.S.M. 1/5- .......... City of Dubuque, Lot S.- 450, Original Town .......... 54.25 28.5'-263, Original Town.. 57.08 Edward H. Sheppley III, Lot City of Dubuque, Lot N. U14 -M-1/5-450, Original %•262, Original Town .... 51.27 Town .................................. 51.27 City of Dubuque, Lot S. Jess B. Graves, Nl/x, Lot N.. %-262, Original Town .... 51.27 M. 1/5.450, Original Town 51.27 City of Dubuque, Lot N. Maurice E. & Lorraine Hum- e -261, Original Town .... 51.27 City of Dubuque, ke, Lot N.M. 1/5 • 450, Lot 2.260 S.Yz-261, Original Town.. Original Town .................. 102.54 19.07 City of Dubuque, Lot 1.260 Berniece C. link --Survivor, & S.%-261, Original Town 134.87 1/5450, Orig- City of Dubuque, Lot 259,eo inal Town ••• 51.27 Original Town ........ 102.54 ] t .1 Prescott School, LOt S.2/5- 450, Original Town ...l/5 51.27 445, Original Town ........ 20507 Ellen A. Williams, Lot 1- 443A, Original Town ...... 40.37 Special Session, January 18, 1971 C. Robert T. & Leone N. Daack, cont: Witherall cont: Kenneth Mozena, Lot 2-443A, Original Towr, C. Robert T. & Leone N. Daack cont: Witherall cont: Kenneth Mozena, Lot S.23.5' -3-443A, Origi- nalTown ............................ Ellen A. Williams, Lot N. 2718" - 3 - 443A, Original Town.................................. Vincent C. & Edna M. Mil- ler, Lot N.N-443, Orig- inal Town .......................... Maurice E. & Lorraine E. Humke, Lot N.M.V4-443, Original Town .................. Maurice E. & Lorraine E. Humke, Lot S.M. /4-443, Original. Town .................. Louis E. & Charlotte C. Schepple, Lot N.19'7" -S. 3a-443, Original Town .... Adams Realty Co. 31'5"-S. ',a-443, Original Town .... Dubuque Bank & Trust Company, Lot N.75' -N. 3/5-144, Original Town.... Carl J. Danglemeyer, Lot 1, Staufenbeils Sub. ........ Carl J. Danglemeyer, Lot N. 16.1,6'-2, Staufenbeils Sub. ...................................... Leo A. & Alphonsine E. Steffen, Lot 5.24'7"-2, Staufenbeils Sub ............... Voelker Realty Group Inc., Lot 3, Staufenbeils Sub... Adams Realty Corp., I.ot 1-5.2/5 - 444, Original Town.................................. Adams Realty Corp., Lot 2-5.2/5 - 444, Original Town.................................. George R. Burden et al, Lot 3-S. 2/5 - 444, Original Town.................................. Pauline Coates, Lot 145. 2/5-444, Original Town .... Pauline Coates, Lot S.1'-2 S. 2/5-444, Original Tow Voelker Realty Gorup Inc. Lot N.14'5" -2.4-S. 2/5-444 Original Town ................. Cecilia G. Poinsett, Lot S 1/5-442, Original Town ... William 111. & Martha G Hanson, Lot S.%-S.M. 1/5 442, Original Town ......... Francis J. & Charlotte G Kelly, Lot NA-S.M. 1/5 442, Original Town ......... 33.99 12.94 15.24 102.54 102.54 102.54 39.21 62.92 151.40 73.10 33.04 49.47 5.17 40.05 48.91 41.56 44.06 -4- Town 2.00 28.8f 102.5 51.2' 51,2' Francis J. & Charlotte G. Kelly, Lot S.4" -M.1/5- 442, Original Town ........ Hermie B. Even Finn & Pat- rick E. Finn, Lot N.20'4" - 5.20'8"M. 1/5 - 442, Orig- inal Town .......................... .John W. & Stella Richard- son, Lot N.30.6' -M.1/5- 442, Original Town .......... Vincent J. & Marcella M. Kolb, Lot S.%-N.M.1/5- 442, Original Town ............ Fred C. & Cath. Hersche, Lot N.%-N.M. 1/5 - 442, Original Town .................. Fred C. & Cath. Hersche, Lot N.1/5-442, Original Town.................................. Darlene Ellen Sexton, Lot S.% -S. 1/5 - 441., Original Town.................................. Katherine Groff, Lot NA - S.1/5.441, Original Town Carl J. Danglemeyer, Lot S.1/2-S.M. 1/5-441, Original Town.................................. United Brotherhood of Car- penters, Lot N.%-S.M. 1/ 5441, Original Town ........ John & Josephine Kunnert, Lot S.23' -5"-M.1!.5 - 441, Original Town .................. Ralph F. & Pearl Sartor, Lot N.27'-7"-141.1/5 - 441, Original Town .................. Edward P. & Francis J. Lenz, Lot S. 41'2" - N.M. 1/5-441, Original Town.... St. Mary's Church of Du. buque cont: Schroeder, Lot N.10'-N.M. 1/5 - 441, Original Town .................. St. Mary's Church of Du- buque cont: Schroeder, Lot N.1/5-441, Original Town.................................. George A. Burden et al, Lot S. 1/5-440, Original Town George A. Burden et al, Lot S. 14.1'-S.M. 1/5.440, Orig- inal Town .......................... Fred A. Jr. & Gladys Nes ler, Lot. N.37'4".S.M.1/5. 440, Original Town ..... I.... Russell L. & Eleanor J. Rn foth, Lot M.1/5-440, Orig- inal Town ......................... David R. Rafoth, Lot S.Yz N.M.I/5 - 440, Origina Town ••••• 333 .66 40.71 61.28 51.27 51.27 102.54 51.27 51.27 51.27 51.27 47.06 55.47 82.51 20.03 102.54 102.54 28.24 74.30 102.54 1 51.27 Russell & Eleanor Rafoth, Lot. NA-N.M.1/5 - 440, Original Town 51.27 34 Spacial Session, January 18, 1971 Adams Realty Company, Lot E.33' -E.60' -N.1/5.440, Orig- inal Town .......................... Adams Realty Company, Lot W.27' -E.60' -N.1 /5 . 440, Original Town .................. Adams Realty Company. Lot W.40' -N.1/5.440, Original Town.................................. Molo Oil Company, Lot 1- 675, Original Town .......... Edward & Kathleen Kruse, Lot 2-675-Exp.N.15", Orig- inal Town .......................... Merlin F. & Rosemary C. Hohman, Lot N.27'8".3- 675, Original Town .......... Merlin F. & Rosemary C. Hohman, Lot N.119" -S.15' 811-3-675, Original Town.... Alvin Cartigny & Mildred Cartigny Koehler, Lot S. 13'-S.15'8"-3.675, Original Town.............. ................. Alvin Cartigny 8 Mildred Cartigny Koehler, Lot N. 1714"-4-675, Original Town Alvin Cartigny & Mildred Cartigny Koehler, Lot S. 221-4-675, Original Town.. Alvin Cartigny & Mildred Cartigny Koehler, Lot N. 37'-5.675, Original Town.. Minnie Foley & Jean R. Lang, S.38'-5-675, Original Town.................................. Julien Realty & Inv. Com- pany cont: Welu, Lot N. 38'2"-6-675, Original Town Phillip R. Love, Lot All expt. Lot A, Kennedy Central Avenue Place .... R. Harry Muellich & Rob- ert Hubert d/b/a Muel- lich used Imports, Lot N. 1/5.452, Original Town .... R. Harry Muellich & Robe Hubert d/b/a Muellich used Imports, Lot N.M.1/5.452, Original Town ................. Wm. C. & Eliz. Maas, Lot M 1/5-452, Original Town... Berman P. & Melinda Berg Lot N.25'-6"-S.M.1/5.452 Original Town ................. Clara Markey, Lot S.25'6" S.M.1/5 - 452, Origina Town................................ Clara Markey, Lot N.20'- 1/5.452, Original Town.. Richard G. Beaves, Lot 31'2"-S.1/5 - 452, Origin Town ......................•......... Miller Radio & TV, Lot N. %.N.1/5 - 451, Original 16.58 Town .................................. Anna Willging, Lot S.% -N. 1/5-451, Original Town.... 20.33 Doris Grab, Lot N.1/4-N.M. 1/5.451, Original Town .... Joseph A. & Doris Grab, 65.63 Lot S.%-N.M.1/5 - 451, Original Town .................. 40.37 Anna Willging cont: Meitl, Lot N.23'2" -M.1/5 - 451, Original Town .................. 40.37 Emma Richter est., Lot S. 28'-M.1/5 - 451, Original Town.................................. 26.54 Maurice E. & Lorraine M• Humke, Lot S.M.1/5-451, Original Town .................. 1.68 Julien Improvement Compa- ny, Lot S.1/5-451, Original Town.................................. John & Irene Daskalakis, 13.34 Lot S.%-1.438-439 & PT of 676, Original Town .... Dale D. & Phyllis M. Bly, 16.62 Lot N.2/2-2, Lots 438-439 & Pt. of 676, Original Town.................................. 21.11 Eldon J. Kutsch, Lot S.Y2-2, Original Town .................. Edwin C. & Mabel Kuenle, 35.49 Lot 3, Original Town ..... Edwin C. & Mabel Kuenle, Lot 2-4, Original Town .... 36.45 Midwest Mortgage Co. coni: Butler, Lot 1-4, Original Town.................................. 36.61 George L. McDonald, Lot 5, Original Town .................. Theodore Rhodes, Lot 6, 38.07 Original Town .................. Theodore Rhodes, Lot N.40'- E.100'-7, Original Town.... Theodore Rhodes, Lot S.24'- 102.54 E.%-7, Original Town ...... Robert S• S• al City of Dubuque, Lot E.120'- 8, Original Town .............. City of Dubuque, Lot 9, 102.54 Original Town .................. City of Dubuque, Lot 10, 102.54 Original Town .................. Lester C. & Dolores M. Hy- ing cont: Busch, Lot S. 1/5-436, Original Town... 51.27 Clarence P. & Gertrude F. Pfohl, Lot S.% - S.M.1/5 1 436, Original Town ......... 51.27 Clarence P. & Gertrude F 1'fohl, Lot N.16-S.M.1/5 40.05 436, Original Town ......... Cecil L. & Regina A. Me Dowell, Lot S.26' -M.1/5 62.48 436, Original Town ......... 51.27 51.27 51.27 51.27 46.46 56.07 102.54 102.54 100.13 100.13 100.13 112.15 8.61 88.12 78.10 142.19 80.11 48.06 42.86 51.11 77.46 74.34 37.17 37.17 37.76 Special Session, January 18, 1971 Norbert F. & Mary Behr cont: Wagner cont: Me Dowell (A contract within a contract), Lot N.25' -M. 1/5-436, Original Town N George C. & Eliz. L. Gartner (und 'A) & Daniel T. & Marian Gartner (und 'A) & Edmond G. & Odelia I. Gartner (und 'fa), Lot 1-S. 76'6"-N.2/5.436, Original Town.................................. Lucille M. Dani;lemeyer, Lot 2-5.76'6"-N.2/5-436, Orig - nal Town ............................ Robert Steichen, Lot N.26' 5"-N.2/5 - 436, Original Town.................................. Merlyn L. Weber, Lot 2-S. 75'-S.2/5 - 437, Original Town.................................. Merlyn L. Weber, Lot 1-S. 75'S.2/5 - 437, Original Town.................................. William E. O'Rourke, Lot N.27'4" -S.2/5 - 437, Orig- inal Town .......................... William E. O'Rourke, Lot 5.22.1'-M.1/5 - 437, Orig- inal Town .......................... Charles K. & Bessie Petrak- is, Lot N.30.1' -M.1/5-437, Original Town .................. Holiday Oil Distributing Inc., Lot All, Holiday Cor- ners No. 1 .......................... Claude H. Webster et al, as Trustees and a/k/a Na- tional Tea Co. salaried Employees Profit Sharing & Savings Plan & Trust, Lot N.1/2-1, Lots 438.439 & Pt. of 676, Original Town.................................. Charles L. Scherrer, Lot 2- W.122'8" -S.35' -N.50'-6, L. H. Langworthy Add......... Charles L. Scherrer, Lot E. 77.4'-5.35'-N.50'-6, L. H. Langworthy Add ............... Thomas F. & Ruth A. Mc- Donald, Lot 5.50'-6, L.H. Langworthy Add . ............ Lester C. & Dolores M. Hy- ing, Lot N.%-5, L. H. Langworthy Add . ............ Leo F. & Ella F. Bly, Lot S. %-5, L. H. Langworthy Add. .................................... 36.31 1 57.76 53.07 38.35 36.31 72.60 39.67 32.08 43.70 74.90 100.13 1.98 62.78 100.13 133.68 66.59 Leo F. & Ella F. Bly, Lot 4A, L. H. Langworthy Add. .................................... 100.13 John D. & Janet L. Kenkel, Lot N.%-4, L. H. Lang- worthy Add . ...................... John D. & Janet L. Kenkel, Lot S.%-4, L. H. Lang- worthy Add . ...................... Claude H. Webster et al as trustees, a/k/a National Tea Company Salaried Employees Profit Sharing & Savings Plan & Trust Lot 3, L. H. Langworthy Add. .................................... Claude H. Webster et al as as trustees, a/k/a Nation- al Tea Company Salaried Employees Profit Sharing & Savings Plan & Trust, Lot N.79'-2 L. H. Lang- worthy Add . ...................... Claude H. Webster et al as trustees and a/k/a Na- tional Tea Company Sala- ried Employees Profit Sharing & Saving Plan & Trust, Lot E. 130'-5.21'-2, L. H. Langworthy Add. .. Claude H. Webster et al as trustees and a/k/a Na- tional Tea Company Sala- ried Employees Profit Sharing & Saving Plan & Trust, Lot E.130' -N.%-1, L.H. Langworthy Add. .. Claude H. Webster et al as trustees and a/k/a Na- tional Tea Company Sala- ried Employees Profit Sharing & Saving Plan & Trust, Lot S.%-1, L. H. Langworthy Add . ............ Pride Service Inc., Lot All, Beatrice Foods Place ...... H.F. & Fern L. McCauley, Lot E.90' -N.35' -N.40'-8, L. H. Langworthy Add......... H.F. & Fern L. McCauley, Lot E 90'-8A, L. H. Lang- worthy Add . ...................... Amelia E. Curtis cont: Shireman, Lot 9A, L. H Langworthy Add .............. Amelia E. Curtis cont Shireman, Lot 1-9, L. H Langworthy Add .............. Amelia E. Curtis cont Shireman, Lot 2-9, L. H Langworthy Add .............. Sydney Haudenschield, Lo 3-9, L. H. Langworthy Add. ................................... Sydney Haudenscield, Lo 4-9, L. H. Langworth Add...................................... 3.5 50.07 50.07 200.27 158.21 42.06 66.59 133.68 372.00 67.01 67.01 58.32 11.66 26.48 t 51.29 t Y . 76.10 36 Special Session, January 18, 1971 Janaan M. Besch and Har- George L. McDonald, Lot riet D. Schneider, Lot 1- S.20'-2, Steiners Add. ... 29.50 N.40'-10, L. Ti. Lang- The American Oil Company, worthy Add . ...................... 40.79 Lot N.27'6"-1, Steiners Paul C. & Jeanette M. Add ....................................... 40.33 Hoppman, Lot 2-N.40'-10, Amoco Oil Company, Lot S. L. H Langworthy Add..... 24.39 40'•1, Steiners Add. ........ 58.08 Anna, John R. & Robert W. Adams Realty Company, Lot Appel, Lot N.25'-5.60'- 28, L.H. Langworthy Add. 116.52 IOEx. Pt. for White St., Carl .1. Danglemeyer, Lot 1- L. H. Langworthy Add. 40.43 1.41), L. H. Langworthy Anna, John R. & Robert W. Add . .................................... 58.28 Appel, Lot S ... S'-5.60'•]0, Louis Buechel, Lot 2.1-4D, L. H. Langworthy Add..... 56.62 L. H. Langworthy Add..... 45.52 Thomas E. Schmidt & Bruce Laurence J. & Jeannine E. G. Koch aibia Duco Co., Stockel, Lot 2-41), L. H. Lot N.65'-11, L. H. Lang. Langworthy Add. 12.88 worthy Add............. •••••••••••••••.•••••• 104.28 William H. Lammer & Wal- Lawrence J. &Jeannine E. Stockel, I,ot ter F. Gronau, Lot S.M. 2-6F, L. H. Langworthy Add. ........... 58.26 30'-11, L. H. Langworthy Add Lawrence J. & Jeannine E. . .................................... 47.76 William H. Lammer & Wal- Stockel, Lot 1-1.6F„ L. 11, Langworthy Add...,........... ter F. Gronau, Lot S.5'- 11, L. H. Lan,worthy Add. 7.97 58.26 Melvin N. & Jeannette G. William H. Lammer & Wal- Wagner, Lot w.% -S.%. 8H, L.H. Langworthy Add. 58.26 ter F. Gronau, Lot N.37'- 12, L. H. Langworthy Add. Herman Hirsch, Lot ,N.1R.SH 58.42 Frances Winders & Paul L. IL. Lan, -worthy Add. 58.26 Adolph & Zit,a M Schmitt cont: Julien Im• Hanson, Lot W.%-S.'`z 10J, L. If. provement Co., Lot N. M.2l'-12, L.H. Langworthy g Lan worth Add. 58.26 g Y . Y Add............ Richard J. & Kathleen M. .......... 32.34 Iowa Engineering Company, Sullivan, Lot N.%-Ioj, L.. Lot S.421•1.2„ L. H, Lang- worthy Add H. Langworthy Add. ...... 58.26 Josephine M. Maeder, Lot ....................... 64.69 Perfection Oil Company Lot 12L, L. H. Larr gK'orthy S-%-13, L. If. Langworthy Add....... Add. ............... 118.52 Edward B. Tegler Sr., Lot .............................. Perfection Oil Cum an 76.90 Y, Lot 1-14N., L.. H. Langworthy N.'/4-14, L.p Langworthy Add. 116.5'2 Add. ... ......... 38.33 fallen S. Miller'Lot Lot W.%. Oi Perfection Oil Company, Lot of Sate -S.% -16P, H. Lang. N.M.1l4-14, L. H. Lang- worthy Add . .................... 43.7u wothy Add. 38'15 Marjorie Hibbe, I -At N32. Ernest J. &Rita M..............38.15 S•V4-16P, L.11. Langworthy Lot S.M.1/4.14, L. H. Lang. worthy Add g Add. ................................... 43.713 Donald S. & Dorothy B. Perfection Oil Company..'....... 38.07 Kline, Lot W.1¢.N•y4 18P, Lot WA -S.%'14, 1` LI' Lang" L. H. Langworthy Add. ....29.12 worth Y Add . ...................... 37.89 Donald S. & Dorothy B. Hazel M. Radetski, Lot 6 Kline, Lot W.•,5. 18, Steiners Add.o33.26 William L. IL• HLangworthy Add..... 58.213 Stella A. Hill Jr. t 5, Steiners Add. , I. • Richard.,on cont: Rauch, Lot 1, Richardson 38.10 Sam A. & Lucy F. Young Place .................................... 58.26 cunt: Hoppman Lot 4 Laverne F. & Gladys Sindt Steiners Add. Sam 2.94 and Lennard J, & Elaine A. & Luc Y F Young D. Sindt cont: Mitchell, cont: Hoppn , Lot 3, Steiners Add. + Lot2, Richardson Place.... 58.26 Norbcrrt L. Marco ;' "•.•";"••....•• 32.76 & & Colleen M. Grant, Carmcla Guinta, Lot N•24'6"-2, Steiners Lot 1, Ohnesor Place ge . . 70.99 Add ............................... 38.45 I ...................... Vfrr nt ee & Marie Stier - man, Lut 2, Ohnesorge Special Session, January 18, 1971 Place.................................... Nicholas J. & Norma M. Legler, Lot W.%N.1,4-20, L. H. Langworthy Add..... David C. & Abbie M. Solea, Lot W.%S.%-21, L. H. Langworthy Add . ............ Joseph A. & Doris M. Grab, Lot N.%-21, L. H. Lang- worthy Add . ...................... Leo T. & Lavina L. Man- ders, Lot 1-22, L. H. Lang- worthy Add ......................... Mary Smith, Lot 1.2-22, L. H. Lan6nvorthy Add . ............ Emma & Ruth Spahn, Lot S.',z-23, L. H. Langworthy Add. .................................... William Ii. & Bertha Hei- man, Lot. L. H. Langworthy Add..... William I1. & Bertha Hei- man, Lot W.80' -S.2'-24, L. H. Langworthy Add. Laurine Danglemeyer, Lot W.91%' -N.62'-24, L. H. Langworthy Add ............... ilartig Drug Company, Lot 5.24.8'-1, Tivoli Add. ...... IIartig Drug Company, Lot 5.20'8"-N.25'4"-1, Tivoli Add. .................................... Hartig Drug Company, Lot N.4'8p'-N.25'4"-1, Tivoli Add. ............................. I...... Hartig Drug Company, Lot 5.18'-2, Tivoli Add. .......... Hartig Drug Company, Lot S.22' -N.32'-2, Tivoli Add. Hartig Drug Company, Lot N.10' -N.32'-2, Tivoli Add. Hartig Drug Company, Lot. 3, Tivoli Add ..................... Ilartig Drug Company, Lot 5.10'-4, Tivoli Add. .......... Myra Bock, Lot N.40'-4, Ti- voli Add . ............................ Mrs. Robert Graham, Lot 5, Tivoli Add . ........................ Louis Buechle, Lot 6, Tivoli Add. .................................... Leo F. & Leona Habel, Lot 7, Tivoli Add ..................... Clara Markey, Lot S.%-8, Tivoli Add . ........................ George J. & Mary Felder - man, Lot N.%-8, Tivoli Add. .................................... Donald Heim, Lot 9, Tivoli Acid. .................................... Fred H. & Louise C. Scharf, Lot S.1/2-10, Tivoli Add..... James C. Jones Sr., Lot S.%- 10, Tivoli Add . ................ 45.52 58.26 58.26 58.26 66.15 48.02 58.26 58.26 3.64 112.87 5225 43.76 9.87 38.13 46.60 21.19 105.92 21.19 84.73 105.92 105.92 105.92 52.97 52.97 105.89 52.97 52.97 Ed. B. Tegeler, Lot 2, Kray- ersSub . .............................. Ed. B. 'Tegeler, Lot 2, Kray- ersSub . .............................. Ed. B. Tegeler, Lot IA, Krayers Sub ....................... Tegeler Inc., Lot 3, Kray- ersSub . .............................. Tegeler Inc., Lot W.50'-3 Schaffners Sub . ................ Tegeler Inc., Lot W.50'-4, Schaffners Sub . ................ Tegeler Inc., Lot N.'/z.5, Schaffners Sub . ................ Tegeler Aic., Lot N.%-6, Schaffners Sub . ................ Tegeler Inc., Lot N.%-7, Schaffners Sub . ................ Rainbo Oil Company, Lot E. 100'-3, Schaffners Sub..... Rainbo Oil Company, Lot E. 100'4, Schaffners Sub..... Bartley W. & Hilda G. Gul- er, Lot 4, Krayers Sub..... Mrs. Bernard N. (Marie) Graber cont: Whelan, Lot 5, Krayers Sub . ................ James Edward & Mary Mar- garet Root, Lot 6, Krayers Sub. .................................... J. M. & Lorraine M. Gordon, Lot E.125' -E.165' -N.80'-5, Brewery Add ..................... Tegeler Inc., Lot W.40' -E. 165'-N.80'-5, Brewery Add. Ed. B. 'Tegler, Lot 1, Val- eria Place .......................... J. M. & Lorraine M. Gordon, Lot S.4'-3, Brewery Add. Interstate Power Company, Lot N.96'-3, Brewery Add. Interstate Power Company, Lot 4, Brewery Add. ...... John E. & June Noel, Lot 1-1-1-170, L. H. Langwor- thyAdd . ............................ Sydney Haudenshield, Lot 2-1-1.170, L. H. Lang- worthy Add ....................... Sydnev Haudenshield, Lot 2-1-170, L. H. Langworthy Add. .................................... Sydney Haudenshield, Lot 1-1-171, L. H. Langworthy Add. .................................... George M. & Eliz. Schlosser, Lot SA -2-171, L. Ii. Lang- worthy Add . ...................... George & Geneva Kruse, Lot N.%-2.171, L. H. Lang- worthy Add . ...................... George C. Kruse, Lot W.95'- 2.172, L. H. Langworthy Add. ............................. I ... ... 37 80.11. 80.11 23.29 24.03 13.52 13.52 12.62 7.31 5.77 90.12 90.12 11.21 6.49 5.13 174.71 13.76 70.3^r 9.05 217.25 245.52 52.85 45.34 14.46 47.50 46.90 46.78 56.11 38 Special Session, January 18, 1971 Lot W.95' -West Side Realty Inc., Lot George C. Kruse, W.33.98'-1-6, John King's 1.172, L. H. Langworthy 56.07 Dubuque First Add. .... 6.29 Add. """""""- ' .Herman George & Geneva Kruse, S. Straub, I.ot N. F 180 1-8 John King's Lot 1-1, Frank Fosselmans 48.87 Dubuque First Add. ........ 107.96 Vincent & Edna Miller cont: Sub ..................................... Vi Kruse, George & Geneva 2-1, Frank Fosselmans Atkinson, Lot 3 6, John Lot 46.72 King's Dubuque Firs t Sub. .................. Merlin M. & Valeria L. ................................... Leonard J. & Sarah K. Chapman cont: Libansky, Frank Fossel- Sprague Weis, Lot 2-6, Lot S.%.2, 46.72 John King's Dubuque mans Sub ........................... Harold Joseph & Mary Kath. First Add ........................... .78 B. McDonough & Roeth cont: Harter, Lot Frank Fosselmans James Richard E. Palmer, Lot N.1h.2, 46.72 2.3, Dunns Sub . ................ 31.48 Sub.................................... .. Dennis & Vada Latham, Lot LaV erne E. & Wm. Myers, S.%.3, Frank Fosselmans Lot 1-E.329.98'-S.WA-8 Sub 46.72 John Kings Dub. First ....................................... Dennis & Vada Latham, I.ot Frank Fosselmans Add ....................................... 107.96 Leonard J. & Sarah K. N.%.3, Sub I............ 46.72 Sprague Weis, Lot 2 - . ....................... Julien Realty & Inv. Com- E.329.98"S.W.%-8, John pany cont: Georgen, Lot Kings Dub. First Add. .... 3.93 S.%-4, Frank Fosselmans Harriet Luckritz & Viola & Sub. ................................... 46.72 C. Eugene Hennig, I.ot Cletus J. & Margaret A. N.EA-8, John Kings Dub. Mootz, Lot N.164, Frank First Add . .......................... 111.89 Fosselmans Sub ................. 46.72 Irma Graessle Nagele & Cletus J. & Margaret A. Ray C. Nagele, Lot S.E Y4- Mootz, Lot S.12'5" - 5, 10, John Kings Dub. First Frank Fosselmans Sub. .. 23.37 Add . .................................... 111.89 Lloyd A. & Lucille J. Ferris, Harold H. Henkels, Lot N.E. Lot N.37'6"-5, Frank Fos- ;14-10, John Kings Dub. selmans Sub . .................... 70.09 .......................... First Add.111.89 Otto A. Fitzgerald, Lot S. Susan Meuser FST, Lot E. 35'-6, Frank Fosselmans ?,x.12, John Kings Dub. Sub. .................................... 65.43 "........ First Add . 223.78 "' Russell & Laura Sodawas- Ida e Joseph A. & Ida Decker, ser, Lot N.15'-6, Frank Lot 1-1.1-E.',4-14, John Fosselmans Sub ................. 28.04 Kings Dub. First Add. ... 87.88 Russell & Laura Sodawas- William & Elsie Cords, Lot ser, Lot 5.35'-7, Frank Fosselmans Sub 65.43 2-F.,.%-14, John Kings ................. Dub. First Add . ................ 109.85 Delbert L. & Rita M. Pillard, William & Elsie Cords, Lot Lot N.30'-7, Frank Fossel- mans Sub. 2 -1 -1 -EA -14, John Kings Veronica G. Strandberg, Lot Dub. First Add . ................ 8.45 2-2-10, Wullwebers Sub... 9.57 William & Elsie Cords, Lot Veronica G. Strandberg, Lot 2-1-E.%-14, John Kings 2-1-11, Wullwebers Sub... 6.51 Dub. First Add . ................ 17.72 Veronica G. Strandberg, Lot Francis A. & Veronica M. 1.2-2-11, Wullwebers Sub. 54.75 Ryan, Lot 2-1-16, John Maurice Lundon, Lot 1-10, Kings Dub. First Add. ... 51.61 Wullwebers Sub . .............. 76.58 Gerald & Shirley Henkel Anna Decker (Survivor), Lot cont: Van Etten & Lie - 9, Wullwebers Sub. ........ 86.15 bold, Lot 3-1-16, John West Side Realty Inc., Lot Kings Dub. First Add. .... 117.08 8, Wullwebers Sub........... 86,15 Nellavene Allman, Lot 2.16 West Side Realty Inc., Lot John Kings Dub. First S-% - E.180' - 1 •6, John Add . .................................... 53.83 King's Dubuque First Hermie B. Even Finn & Add . ................................... 107.96 Patrick E. Finn, Lot 1- Special Session, January 18, 1971 39 1-2-1-18, John Kings Dub. Evelyn Avenarius et al, First Add . .......................... 129.05 Lot 2-2-237, Davis Farm .. 56.07 James B. McDonough & Raymond P. & Madeline C. Richard E. Palmer, Lot Papin, Lot 1.2-238, Davis 2-1.2-1-18, John Kings Farm .................................... 56.07 Dub. First Add ................. 41.98 George Jr. & Esther Gott - Leo J. & Vivian L. Geiger schalk, Lot 2-2-238, Davis ich cont: Tracy, Lot 2- Farm .................................... 56.07 2.1-18, .John Kings Dub. Leo A. Steffen, Lot 1-239, First Add . .......................... 24.53 Davis Farm ........................ 169.95 James B. McDonough & Leo A. & Alphonsine Stef- Richard E. Palmer, Lot fen, Lot 1-1-5, Kiene & 4, Dunns Sub . .................. 72.60 Altman Sub. .................... 42.40 .lames B. McDonough & Charles K. Petrakis, Lot 2 - Richard E. Palmer, Lot 1-5, Kiene & Altman Sub. 36.99 1-3, Dunns Sub . ................ 41.12 Charles K, Petrakis, Lot 1-4, James B. McDonough & Kiene & Altman Sub. .... 77.52 Richard E. Palmer, Lot Charles K. Petrakis, Lot 1-3, 2, Dunns Sub ..................... 72.60 Kiene & Altman Sub. .... 75.64 James B. McDonough & Charles K. Petrakis, Lot 1-2, Richard E. Palmer, Lot Kiene & Altman Sub. .... 77.44 1, Dunns Sub ..................... 63.42 Juluis C. & Helen M. Kohl, Walter T. & Joan F. Hense, Lot 1-1, Kiene & Altman Lot S.25.5'-226, Davis Sub ....................................... 82.01 Farm.................................... 47.66 Esther S. Witter, Lot 2, Ronald G. & Anna E. Lan- Schoenbecks Sub . ............ 33.24 ser, Lot N.34.5'-226, Davis John P. & Hanna Sturman, Farm .................................... 64.49 Lot 1, Schoenbeck Sub. .. 59.72 Ronald G. & Anna E. Lan- Robert &. Irene Gronau, Lot ser, Lot S.25'-227, Dunns 1.1, Grobe's Sub ................. 4.05 Sub 46.72 Alan E. & June Anderson, . ...................................... James B. & Melita A. Mc- Lot 2-1, Grobe's Sub. ...... 8.41 Donough, Lot 1-N.35'-227, Alan E. & June Anderson, Davis Farm 65.43 Lot 2, Grobe's Sub. ........ 6.01 ........................ Ronald J. McDermott, Lot Donald L. & Nancy E. Os. terhaus, Lot 2, Rhein - 1-1-228, Davis Farm ........ 56.07 franks Sub 4.95 William G. & Dorothy E. . ........................ Donald & Rose M. Turn - Fenelon, Lot 2-1-228, Dav- ineyer, Lot 1.1-3, Rhein - is Farm 56.07 franks Sub. ........ "' .38 William G. & Dorothy E. Leonhard B ai Lot 1 Fenelon, Lot 1-S.32.521- Rheinfranks Sub..... Rheinfranks 1.42 229, Davis Farm ................ 60.78 Frederick C. Peterson, Lot Frederick Ind. School District, Lot 2-2-1-3, Rheinfranks Sub. .30 N.28'-229, Davis Farm .... 52.33 Frederick C. Peterson, Lot Ind. School District, Lot 3-1-3, Rheinfranks Sub. .. .68 1.230, Davis Farm ............ 112.15 Lucille S. Pfohl, Lot 1 -1 -1 - Ind. School District, Lot ............ 241, Davis Farm98.93 231, Davis Farm ................ 112.15 William L. & Rose M. Welsh, Ind. School District, Lot cont: Willet, Lot 2-1-1- 232, Davis Farm ................ 139.53 241, Davis Farm ............ 17.60 Ind. School District, Lot William L. & Rose M. Welsh, 233, Davis Farm .............. 112.15 cont: Willet, Lot 1-242, Ind. School District, Lot Davis Farm ........................ 134.04 234, Davis Farm .............. 112.15 Fred T. & Agnes M. Stier - Ind. School District, Lot man, Lot 1-243, Davis 235, Davis Farm .............. 112.15 Farm .................................... Allan C. & Geraldine J. 142.33 Ind. School District, Lot Hayes, Lot 1-1-244, Davis S.1,e-236, Davis Farm ...... 56.07 Farm .................................... 141.67 Edward F. & Lucille V. Mil- Robert A. & Virginia Alli. ler, Lot N.%-236,Davis son. Lot S.26'-245, Davis Farm.................................... 56.07 Farm .................................. 60.34 Lucille Stecklein, Lot 1-2- Donald L. & Jean Ann M. 237, Davis Farm ................ 56.07 Cornish, Lot N.34'-245, 40 Special Session, January 18, 1971 Davis Farm ............. 77.82 Mount Calvary Cemetery 'Aars Undecker. Lot E.4- Assoc cont. Schemmel. :146, Davis Farm .............. 119-60 Lot S.k2-270, Davis Farm Dubuque C4)unty, Lot W-1,1- 56.28 Lucille Hirsch (Survivor), 2*, Davis Farm ............ 39.85 Lot W-%-11i. -270, Davis Edward B. & Minnie Reich- Farm ................... W Z, er, Wt 247. Davis Farm .. 143.49 Esther Kruse, Lot N.xj.W. Fred S. & Mary V. Becker, Lot 248L Davis Farm 14&75 Lt -271, Davis Farm . , 56-28 ....... Voeiker Realty Group Inc.. Andrew C. Jr. & Mary M. Ploessl, Lot &42-W-&2-271. cont: Mesch. W 249. Davis Farm ....... . .. . ........... 14688 Davis Farm . ............. _ Bernard & Caroline Bedtka. 56.2g Eimer C & Mary A. Robey, coat Nceiv Sr., Lot F- IA)t S- a-W,;2-272. Davis L2-250, Davis Farm .......... 121.10 Dubuque County, Lot W.Ij- Farm .................................. Grace L Wachendorf. Lot 56 28 250, Davis Farm 25-91 IN*42 , W-42 - 272, Davis Alfred N. & Lucille V. Farm ................. ....... _ . W-28 Bleiie. Lot 251. Davis Emma A. Darnell et al. Lot Farm ......................................147.22 W.'-2 - SAa - 273, Dans Alfred N. it LAK -Ale M. Farm ............... 5628 Blelle. IM &%,= Davis Wilfred T. & Florence K. Farm . .............. .......... --... 61-W Herrig, Lot ,ARred P. & Catherine X Davis Farm . .............. W,28 Huse -an cont. Julien William F. & PbvUis L 'W IMP Company, lot N,%- Freiberger. Lot 85, -S. 252. Davis Farm .......... _ 61.42 2N'1-274. Davis Farm _ 56 -Z Alfred F & Catherine W. Dorothy S. Murphy. Lot W Husexa-an, Lot cunt: Ju- %-N-t2-274. Davis F3 -n 5c; lien IMP. Company. 253, Arnold J. & Mary A. Jaeger. Davis Farm - 147.54 Lot S -32,-r,5. Davis Farm &) C,4 Leo C. i Shirley PvttebaunL Michael J. E. Edith M. Bock, Lot 254. Davis Farm ..... , 147.62 Lot \.28'•273 Da -,IS Farm 5L,,W .Arthur D. & Kary J. Jolla- Loulse A. Narock (Survj- 'on, Lot M3, Davis Farm 148.00 ver). Lot Arthur D. & Xny J. john. Davis Farm 58.,L2 son, Lot Davis Irvin G. & Eljie it Hesse! Farm -- ....... ........... ......... 147.08 con"' Henkel, Lot 2-W Eugene H. & Lwille F. ilei- - 4 1-,Q' 2'76~ Davis Farm 3.jr, be -Iger, Lot S.311 --N.%. Clarence P & Mane 256, Davis Farm __ ... _.. 76,6) -&-hmal' Lot 1.3.1-W Xugen-d H. & Lucille Jr. Hei. 27-,. Da" Farm ­ 56-07 berger. Lot Clarence P & mine X. 256. Davis Farm 7ty2l JQ8eph a A L&,retta Schniai. Lor 2.2-1 W X. SLhiltz" Lot 3", D4%js V7, Davu Far, M Clifford L 52.33 Farm •xUatz A Mildrvj coat: J C Jones. Lou & Dorotby Sadler em@L. Bmnr, Lot 14,*T, DIV6 Lot I -W Davis P*rn FarreIV.06 VWW Elmer H. ...... C asItance IL OD.02 IL Areasdorf, Lot 24 w. Harter, Wt . W Davis Farm, Davis rxift 3.53 Merlin E. A Doretky 3(. . .. ...... . Lawrrn(.V Ven Drew M 9 5139 Wagner. Lot LIVI5,.M. Ult W 170, ?N. Dgwin Fam Davis Farm . ...... ...... 9.71 Leslie Laloe X Coyle, . . . .... ...... .... I Elden L. & %ldrelk Sdbo. Lit 15 Lot W10,2%. Davis Farm !Oam We. Lot W 170,-2M, Dsv_ is Firm J9*"h HLdfy -Vthau3 cunt: 11113 Ray-mond Redesird, Lot S. ", -"bv, Davis ram C. & (Y&-tM Let N.%.W'17w- ...... VAUVO 4 willutri J. Cabj . us 301, NV* IFUM ._ .,. I.... U07 Wei. Lot X46 -aft Aivb (I'laTies A 4 D#?je"-j RPM ....... ............ xx t!rt. Lot 04'VL-, Firm .5cr Special Session, January 18, 1971 Anna Gruber, Lot W.170'-2- 282, Davis Farm .............. Vernon D. & Evelyn M. Youtzy, Lot W.170'-1-282, Davis Farm ........................ Vernon D. & Evelyn M. Youtzy, Lot W.170' -S.%- 283, Davis Farm .................... Kenneth J. & Eileen M. Hafeman, Lot W.170' -N. %-283, Davis Farm .......... Agatha Mihm, Lot W.170% 284, Davis Farm ................ Roeland T. & Catherine Muntz, Lot W.170'-285, Davis Farm ........................ Mabel Althaus & Dorothea Tschiggfrie, Lot W.1701- 286, Davis Farm .............. Rueben M. & Alberta Mae Pline, Lot 258, Davis Farm.................................... Robert Gene Steichen, Lot 259, Davis Farm .............. Kenneth J. & Eileen M. Hafeman, Lot 260, Davis Farm.................................... Kenneth & Loaine Sc 84.11 28.04 56.07 56.07 112.15 112.15 112.15 148.52 148.66 148.80 hyo - men, Lot 261, Davis Farm ... ...... .. .... Digman Realty Service, Inc. (cont: Kuhle), Lot 262 Davis Farm ........................ Georgia A. & Clara P. Hoch - rein, Lot S.23.5'-263, Dav- isFarm ................................ Eugene J. & Leona F. Eig- enberger, Lot E.114' - N.36' -263, Davis Farm ... Dubuque County, Lot W. 114'-N.36'-263, Davis Farm Clayton W. & Brenda C. Clifford, Lot 2-8-3, Miner- al Lot 319 .......................... Hartman Construction, Lot 5, Block 3 Broadway Heights................................ John I. & Edna C. Dunn, Lot 1-1-1, Edna Becke Place.................................... Cletus & Catherine Frei- berger, Lot 2, McDaniels Park Hill ............................ John G. & Madonna Tigges, Lot 2-285, Davis Farm .... Laura M. Robinson, Lot 1- 265, Davis Farm ................ Gerald J. & Jenny M. Eng - ling, Lot 1-266, Davis Farm.................................... Julien Improvement Co., Lot 2-266, Davis Farm ............ Julien Improvement Co., Lot 1.1-1, G. R. West's Du- buque Add . ........................ 148.94 149.08 58.50 77.14 13.82 16.84 14.54 39.29 49.21 105.40 41.92 146.86 2.80 41.32 Iloward W. & Corinne L. Brown, (cont. Gotz & Peterson), Lot 2.1.1, G. R. West's Dubuque Add....... Gerald J. & Jenny M. Eng - ling, Lot 2-1, G. R. West's Dubuque Add . .................. Francis A. Banworth (cont. Burns), Lot S.39'.6"-2, G. R. West's Dubuque Add. Victor & Margaret Bleile, N.2016"-2, G. R. West's Dubuque Add . .................. Victor & Margaret Bleile, Lot S.3'-3, G. R. West's Dubuque Add . .................. Philip J. & Monona Schus- ter, Lot 2-N.5T-3, G. R. West's Dubuque Add...... Philip J. & Monona Schus- ter, Lot 1-N.57'-3, G. R. West's Dubuque Add....... Holy Ghost Church, Lot 4, G. R. West's Dubuque Add. .................................... Holy Ghost Church, Lot 5, G. R. West's Dubuque Add. .................................... Holy Ghost Church, Lot 6, G. R. West's Dubuque Add. .................................... Opal Morley, Lot W.84' -W. 170'-287, Davis Farm Add. Lavinda Brandon Est. (Bliele Lot S,% -W.170'-288, Davis Farm Add . ........................ Helen Jungersdorf Nehls (cont., Lot N.% -W.170'- 288, Davis Farm Add. ... Edward H. Sheppley III, Lot W.85' -W.170'-289, Dav- is Farm Add . .................... Charlene H. Thurston, Lot 1 - 1 - W.170' - 290, Davis FarmAdd . ........................ Laverne & Elis. Felderman, Lot 2-W.170'-290, Davis Farm Add . ........................ Anton J. & Bernice Schiessl, Lot S.% -W.170'-291, Davis Farm Add . ........................ Clarence J. & Betty L. Rich- ard (cont: Gudenkauf), I.ot NA -170'-291, Davis Farm Add . ........................ Roger J. & Virginia H. Link, Lot 2-W.170'-292, Davis FarmAdd . ........................ Elsie Y. & Charlie Oakley, (cont: Roerig), TAt S.% - W.901 -W.170' -293, Davis Farm Add . ........................ Elsie Y. & Charlie Oakley, (cont: Theis), Lot N,% - W.901 -W.170' -293, Davis 41 81.57 24.59 97.15 51.09 7.47 59.88 82.45 150.00 150.26 151.14 111.59 56.07 56.07 112.15 68.73 46.72 56.07 56.07 112.15 56.07 Add. .................................... 56.07 42 Special Session, January 18, 1971 Benjamin J. & Mary M. Lucille Rowles a/k/a Lucille Koster, Lot W.%-294, Dav- R. Rowles, Lot W.85.185' - is Farm Add . .................... 112.15 W.170'-306, Davis Farm 112.15 Gregory & Helen Nauman, Lot W.% -S.581 -W.170'-295, Add . .................................... Arnold J. & Alvina Se.huel- Davis Farm Add. _ ........... 108.40 ler, Lot W.17O'-307, Davis Agnes Hartman & Eulalie Farm Add . ........................ 112.33 Unsen, and Mary Zapeski Mae C. Scherrer & Clara L. et al(cont: Von Ah), Lot Kolarik, Lot W.17O'-308, 1 -N.2'-W.170'-295, Davis Davis Farm Add . ............ 112.33 Farm Add .......................... 3.74 Mathilde A. Welbes, Lot W. Agnes Hartman & Eulalie 170'-309, Davis Farm Add. 112.15 Unsen, and Mary Zapeski Edwin A. Sr., Roberta & Fe- et al, cont: Von Ah, Lot deric D. Frick, Lot W. 1-1-W. 170'-296, Davis 170'-310, Davis Farm Add. 112.15 Farm Add . ........................ 71.34 Ervin R. & Alvina Auderer, Holy Ghost Parish Credit Lot 5.26'4" - W.170' - 311, Union, Lot 1-2-W.170'-296, Davis Farm Add . ............ 49.35 Davis Farm Add . ............ 41.11 Rose Henkels, Lot N.33'8" - Edwin W. & Billie Wagner, W.17O'-311, Davis Farm Lot 2-1-W.170'-290, Davis Add . .................................... 63.18 Farm Add . ........................ 1.70 Anna Kortmeyer Estate Milton V. & Leona Puls, cont: Miller, Lot W.1.70% Lot E.86' -W.170'-287, Dav- 312 Davis Farm Add. .... 112.15 is Farm Add . .................... •56 , Holy Ghost Church, Lot 6A, Josephine Schneider & Lu- G. R. West's Dubuque etta J. McKloskey, W.85'- Add................... .................. 127.27 W.170'-297, Davis Farm Holy Ghost Church, Lot 7, Add . .................................... 112.15 G. R. West's Dubuque Patrick A. & Mary Ann Add 308.83 Lansing, Lot S.30' -W.170' -Holy . .................................... Ghost Church, Lot 8, 298, Davis Farm Add..... 56.07 G. R. West's Dubuque Davis R. & Carol R. Leib Add 310.61 fried, Lot N.30' -W.170'- 298, Davis Farm Add....... 56.07 . .................................... Holy Ghost Church, Lot 1-9, ,Tames C. & Joann Noel, Lot G. R. West's Dubuque Add 272.96 W.851 -W.170' -299, Davis . ................................... Farm Add 112.15 Holy Ghost Church, Lot 2-9, ......................... Carl & Helen Hirsch, Lot G. R. West's Dubuque 1-W.170'-300, Davis Farm Add . .................................... 37.69 Add 112.15 Holy Ghost Church, Lot 10, ..................................... Lewis J. & Rita Mae Schiltz G. R. West's Dubuque und. 1/z & Amoret Lesch Add . .................................... 310.61 und. lh, Lot S.1h-W.170'- Holy Ghost Church, Lot S. 301, Davis Farm Add. .... 56.07 55'-2-11, G. R. West's Du - Francis T. & Zita S. Reinert, buque Add . ........................ 142.37 Lot W.% -N.% -W.170'-301, Holy Ghost Church, Lot W. Davis Farm Add . ............ 56.07 310'-N.65'-2-11, G. R. Rita C. Kessler, Lot S.%- West's Dubuque Add. .... 28.32 WATT -302, Davis Farm Helen M. Scherrer, Gerald Add.................................. ... 56.07 C. & Charles C. Scherrer, Linda Voltz, Lot N.1/2 -W. Lot E.2O'-N.65'-2-11, G. R. 170'-302, Davis Farm Add. 56.07 West Dubuque Add. ........ 9.77 Helen M. Scherrer, Gerald Katherine Kluesner, Lot 1, C. & Charles C. Scherrer, Kluesner Place"""""""" 112.15 Lot 1.11, G. R. West's Du- Ursie M. & William C. buque Add . ........................ 130.17 Nehls, Lot S.Y2-W.17O'- Nicholas M. Freiberger, Lot 304, Davis Farm Add. .... 56.07 12, G. R. West's Dubuque Edward & Anna Nauman, Add . .................................... 129.17 (cont: Wernemont), Lot N. Iierman A. & Irene C. Ney, %-W.170'-304, Davis Farm Lot 13, G. R. West's Du - Add . .................................... 56.07 buque Add. 129.17 Lorraine Klein, Lot 1-W. Jennie V. Kluck, Lot 14, G. 170'-305, Davis Farm Add. 112.15 R. West's Dubuque Add... 129.17 Special Session, January 18, 1971 43 Louis J. & Cathryn Rose- Farm Add ........................... 93.46 liep, Lot 15, G. R. West's Arthur J. & Bertha Nauman, Dubuque Add . .................. 129.17 Lot W. 170'-316, Davis Paul J. & Theresa Um Lot Farm Add . ........................ 112.15 16, G. R. West's Dubuque Mary Decker, Lot W. 170' - Add . .................................... 129.17 317, Davis Farm Add. .... 112.15 Arthur F. & Eileen F. Na- Herbert & B. Bleile, Lot. W. gel, Lot 17, G. R. West's 170'-318, Davis Farm Add. 112.15 Dubuque Add . .................. 129.17 Ralph T. & Marie Giellis, Arthur F. & Eileen F. Na- Lot W. 170'-3-9, Davis gel. Lot 18, G. R. West's Farm Add . ........................ 112.15 Dubuque Add . .................. 129.17 Mrs. Dovie Hermanson, Lot Rudolph E. & Clara Schmitt, S. %-W. 170'-320. Davis Lot S. /4.19, G. R. West's Farm Add ........................... 56.07 Dubuque Add . .................. 96.89 Frank C. & Evelyn Wieland, Alvina Auderer, Lot N.114- Lot 2-W. 170'-321, Davis 19, G. R. West's Dubuque Farm Add ........................... 85.81 Add . .................................... 32.30 Frank C. & Evelyn Wieland, Alvina Auderer, Lot S.%- Lot 1-W. 170'-321, Davis 20. G. R. West's Dubuque Farm Add ........................... 4.75 Add . .................................... 64.59 Dovie Hermanson, Lot N. George N. & Adele M. Geil- 27'-N. %-W. 170'-320, Da- les, Lot N.%-20, G. R. vis Farm Add ..................... 50.47 West's Dubuque Add. .... 64.59 Dors. Dovie Hermanson, Lot George N. & Adele M. Geil- S. T -N. 16-W. 170'-320, Da- les, Lot 21, G. R. West's vis Farm Add . .................. 5.61 Dubuque Add . .................. 129.17 Alber N. & Margt, Schueller, Teresa B. Stieber, Lot 22, Lot 5, Linehan Park ........ 11.46 G. R. West's Dubuque Gerald A. & Carol J. Schuel- Add..................................... 129.17 ler, Lot 6, Linehan Park .. 26.42 Teresa B. Stieber, Lot S.45'- Socony Mobil Oil Co., Inc, 23, G. R. West's Dubuque Lot 7, Linehan Park ........ 50.33 Add . .................................... W-89 Socony Mobil Oil Co., Inc. Earl H. & Dorothy J. Got- Lot 8, Linehan Park ...... 142.59 Lschalk, Lot NAT -23, G. Ray & Helen Fleckenstein, R. West's Dubuque Add... 32.30 Lot 2.2-1-2, Mineral Lot Earl H. & Dorothy J. Got- 363 ...................................... 1.08 tschalk, Lot 24, G. R. Anna Hein cont: Perfection West's Dubuque Add. .... 129.17 Oil, Lot 2-2, Mineral Lot Milton F. & Pearl E. Fink, 363 ........................................ 256.28 Lot 25, G. R. West's Du. Bradley Iron Works, Inc., buque Add . ........................ 129.17 Lot 3, Heim Sub................. 11.84 Edwin J. & Edna M. Mueller Bradley Iron Works, Inc., Lot 1-1-26 G. R. West's Du- Lot 4, Heim Sub ................. 24.43 buque Add . ........................ 27.66 Anna Heim cont: Perfection (cont. Schiltz & Sehilt) Oil, Lot 5, Heim Sub....... 16.36 Edwin J. & Edna M. Muel- Anna Heim cont: Perfection ler, Lot 2-1-26, G. R. Oil, Lot 6, Heim Sub......... 14.56 West's Dubuque Add....... 26.38 Fay R. & Veryl V. Orcutt, (cont. Schiltz & Schiltz) Lot 7, Heim Sub ............... 15.90 Sophia L. Wille, Lot W. 85'- Milton F. & Pearl E. Fink, W.170'-313, Davis Farm Lot 2.26, G. R. West's Du Add. ............. 112.15 buque Add. ........................ 22.61 Josephine Kretz, Lot W.100'- $38,149.92 S. 50'-W. 170'-314 Davis All of which is assessed in pro - Farm Add . ........................ 93.46 portion to the special benefits con - Josephine Kretz, Lot N. 10'- ferred. W. 170'-314, Davis Farm 76185 tons Asphaltic Add . .................................... 18• Concrete Binder Course Josephine Kretz, Lot S. 10'- n 11.40 ............................ 8,685.09 W. 170'-315, Davis Farm 18.68 4755.30 tons Asphaltic Add... ................................. Concrete Surface Course Mona Cullen, Lot W. 100'-N. Vii, 1.40 54,210.42 50'-W. 170'-315, Davis Special Session, January 18, 1971 2445 00 gals. Tack Coat 1.033.50 RC -70 @ 0.30 ................ 49.75 tons Sand Coat 348.25 7.00 ... 217 00 tons A.C. Patching 32.45 or Leveling Course C 7,595.00 35.00 ............................... 91.09 sq. yds. Concrete Re- Leroy J. and Rosemary M. move & Replace W/10" Machulda, Lot 2, M.E. Concrete @ 20.00 .......... 1,821.80 60.00 no. of Manholes or Bessie G. Hcuchelin, Lot 3, Grates -Raise or Lower3 Summer Hill Add ............. 491.07 @ 65.00 ................ I......... 00 31.00 no. of Manhole Rings],860 534.15 & Covers C? 60.00 .......... 00 1335.2 lin. ft. Concrete 565.16 Curb -Remove & Replace @ 6.50 ........................... 8,678.80 2.00 sq. yds. Concrete Re- moval @ 3.00 ................ 579.01 40.00 lin. ft. Concrete Sawing2. 1.00 .............. 40.00 25.00 cu. yds. Excavation (unclassified) Cg% 1.35 .... 33.75 TOTAI. CONSTRUCTION COST 88,212.61 City and State Share ........53,443.06 ASSESSABLE AMOUNT ..34,769.55 9% Engineering Expense.. 3,129.26 5% Interest/52 days ........ 251.11 Urban J. and Linda P. Man- ternach, Lot W. 100'-1-2- 1-4, Min. Lot 20 ................ 18.03 Grace Anna McMahon, Lot 2-2-1-4, Min. Lot 20 ........ 32.45 Leroy J. and Rosemary M. 606.03 Machulda, Lot 1, M.E. French Place .................... 459.24 Leroy J. and Rosemary M. Hill Add . ............................ Machulda, Lot 2, M.E. Merlin J. and Shirley Ful- Place.................................... 24.04 Bessie G. Hcuchelin, Lot 3, Hill Add . ............................ Summer Hill Add ............. 491.07 Clair D. and Lorraine Davis, Lot 4, Summer Hill Add. 534.15 Edw. J. and Anna Tierschel. 48.75 Lot 5, Summer Hill Add. 565.16 Herbert and Melinda Miller, Lot 6, Summer Hill Add. 595.21 Isabelle Carter, Lot 1-7, Summer Hill Add ............. 579.01 Grandview Park -Plaza Corp., I.ot 2-7, Summer Hill Add. 20.05 Ray A. and Dorothy H. Vy- verberg, Lot 1-2-1-N. 200'- 9, Summer Hill Add......... 329.00 Elsie Schlitzer, Lot 2-2-1-N. 200'-9, Summer Hill Add. 116.30 Grace Anna McMahon, I.ot 1-1-N. 200'-9, Summer Hill Add. .................................... 3.27 Grace Anna McMahon, Lot 2-N. 200'-9, Summer Hill Add. .................................... 2.12 TOTAL ASSESSABLE AMOUNT ......................$38,149.92 South Grandview Avenue—S.P.L. of Kerrigan Road to the south end of the street. 1970 Hot Mix -Hot Laid Asphaltic Concrete Project No. I Grandview Park -Plaza Corp. Lot 1, Connors Grandview Place.................................... 192.07 Grandview Park -Plaza Corp. Lot N. 40'-2, Connors Grandview Place ........ 63.61 James J. Connors Sr. cont.: (Anthony Helling & Eu- gene W. Coffman), Lot S. Pt. -2, Connors Grand- view Place ........................ 591.70 City of Dubuque, Lot 17, Rowans Sub ....................... 4.90 City of Dubuque, Lot 1-1, Min. Lot 36A •••..... 27.64 City of Dubuque, Lot 2, Min. Lot 20 ........................ 13.61 Raymond Fuller and Marian Link and John L. Fuller, Lot 1-1-1-1-4, Min. Lot 20 55.97 Raymond Fuller and Marian Link and John L. Fuller, Lot E. 1001-1-2-1-4, Min. Lot20 ............................... . 18.03 Grace Anna McMahon, Lot 1-S. 140'9, Summer Hill Add. .................................... 30.05 Grace Anna McMahon, Lot 1-2-5. 100'-9, Summer Bill Add. 1.88 Elsie Schlitzer, Lot 2-2-S. 100'-9, Summer Hill Add. 82 Jess J. and Evelyn B. Hea- ley, I.ot 10, Summer Hill Add..................................... 606.03 Urban J. and Linda P. Man- ternach, Lot 11, Summer Hill Add . .................. .I ..... ... 606.03 David J. and Judith Marie Ochs, Lot 1-1-12, Summer Hill Add . ............................ 302.99 Merlin J. and Shirley Ful- ler, Lot 2-1.12, Summer Hill Add . ............................ 254.29 Merlin J. and Shirley Ful- ler, Lot 2-12, Summer Hill Add. .................................... 48.75 Leroy J. and Rosemary M. Machulda, Lot 1-13, Sum- mer Hill Add ..................... 390.97 Hans and Mary Katherine Von Loewe, L.ot E. 30'-1- 14, Summer Hill Add. .... 179.72 Special Session, January 18, 1971 45 Bessie G. Heuchelin, Lot Lot. E. 50'-1-1.2-18, Sum - 2 -14, Summer Hill Add. 111.69 mer hill Add ..................... 151.69 Hans and Mary Katherine Donald J. and Joan M. Carl - Von Loewe, Lot W. %-1- son, Lot W. 47.5'-1-1-2- 15, Summer Hill Add. .... 298.57 18, Summer Bill Add..... 142.07 Jon R. and Nancy L. Oace, Peter J. and Ruth A. Noes - Lot E. 'h 1-16, Summer en, Lot 2-1-2.18, Summer Hill Add . ............................ 298.57 Hill Add. ............................ 144.96 Claude J. and Lois F. Smith, Edward A. Ruh (Survivor), Lot 1.1, Summer Hill Lot 2-2-18, Summer Hill Add. .................................... 176.59 Add. ...........,........................ 12.79 John and Myra Welsh, Lot Interstate Power Company, 1-2.1, Summer Hill Add. 367.51 Lot 2-1-1.1-4, Min. Lot 20 13.13 Claude J. and Lois F. Smith, Interstate Power Company, Lot 2-2-1, Summer Hill Lot W. %-2-1-1-4, Min. Lot Add. .................................... 22.55 20 ........................................ 18.13 Donald and Vera Wunder- Robert T. and Gloria A. lich, Lot E. 50'-2, Summer Melgard, Lot E. %-2.1-1-4, Hill Add . ............................ 192.51 Min. Lot 20 ........................ 13.13 city of Dubuque Park, Lot Robert T. and Gloria A. W. 42'-2, Summer Hill Melgard, Loi 2-4, Klin. Add. .................................... 166.88 Lot 20 .............................. 76.49 City of Dubuque, Lot W. Edward A. Ruh (Survivor), 42'-2-15, Summer Hill Lot S. 110'-1-2.3, Min. Lot Add................... .................. 94.14 20 ........................................ 131.88 Donald and Vera Wunder- Percy B. and Pearl Bullard, lith, Lot E. 50'-2.15, Sum- Lot N. 75'-N. 154'-1-2-3, mer Hill Add ..................... 118.22 Alin. Lot 20 ............... I........ 10.96 Interstate Power Company. Virgil and Margot M. Cruz, Lot W. 'ls 1 ]8, Summer Lot 2.2-3, Min. Lot 20 .... 173.32 Hill Add ............................ 297.60 Peter J. and Ruth A. Noes - . Robert T. and Gloria A. en, Lot 2-1-3, Min. Lot 20 124.91 Melgard, Lot E. %-1-16, Donald J. and Joan M. Carl - Summer Hill Add ............. 297.60 son, Lot W. 47.5'-2-1-1-3, John and Myra Welsh, Lot Min. Lot 30 ....................... 91.97 2.16, Summer Hill Add. 253.90 Louis M. and Kath. M. Holz, Dan Kane, Lot E. 50'-N. 200'- Lot E. 50'-2-1-1.3, Min. Lot W. 100'-1-17, Summer Hill 20 .................... .................. 97.36 Add. 293-W Percy B. and Pearl Bullard, Frank and Hazel Bakey, Lot Lot N. 75'-N. 154'-1-1-1-3, W. 50'-N. 200'-W. 100'-1- Min. Lot 20 ........................ 35.82 17, Summer Hill Add. .... 293.28 La Verne A. and Gertrude Robert T. and Gloria A. \t. Wersinger, Lot 1, Ma. Melgard, Lot S. 18'-W• her Laurel St. Place ........ 76.25 100'-1-17, Summer Hill 8.65 Frank J. and Mary C. Hie, Add . .................................... Robert T, and Gloria A. key cont: La Verne A. and Gertrude M. Wersin- Melgard, Lot E. 52'-1-1.17• Lot 2, Maher Laurel Summer Hill Add ............. 309.53 ger, 64.52 Edward A. Rah (Survivor). St. Place ......................... G. and Helen M. Lot 1-1-2-17, Summer Hill 127.31 Nicholas Kieffer, Lot E. 50'-1.1-2, Add. ............. ................... Virgil and Margot M. Cruz, Linheins Sub ...•.•••••.••••.•• .288.76 Lot 2.1-2-17, Summer Hill Sarah E. Brady, Lot W• Sub. 283.71 Add . .................................... 137.41 Smith, 52'7„-1.1.2, Linheins Claude J. and Lois F. Ruth Altfilliach (Survivor), Lot 2-2-17, Summer Hili Lot 1.2.1-2, Lineheins Sub, 404.05 Add................... .................. 28.32 Robert J. and Elizabeth W. Claude J. and Lois F. Smith, Eby, Lot 22.1-2, Linheins Lot 1-3.17, Summer hill Sub. ......•.•••..•... ........y 404.87 • • • Add. ....... 103.22 Thomas L. Flynn, Lot 1•W• Claude J. and Lois F. Smith, ,f--3 Linheins Sub ...••••••• 399.58 Lot 2.3-17, Summer Hill 16.86 Thomas L. Flynn, Lot 2-W. Add... .............•. ................ IA►uIR M. and Rath. M. Holz, %.3, Linheins Sub........... 282.17 46 Special Session, January 18, 1971 Thomas L. Flynn, Lot 1-5-W. ) %-3, Linheins Sub. .......... 17.79 Daniel P. and Ann R. Ernst, Lot 1-S. 127'-S. 177'2"-E. 1 %-3, Linheins Sub........... 350.01 Daniel P. and Ann R. Ernst, Lot 2-S. 127-S. 177'2"-E. %-3, Linheins Sub. .......... 316.31 Lloyd L. Peterson, Lot N. 50'2"-S. 177'2"-E. %-3, Linheins Sub . .................... 17.45 John J. RoshekJr., Lot 9, Linheins Sub . .................... 909.57 John J. Roshek Jr., Lot 10, Linheins Sub . .................... 904.38 John J. Roshek Jr., Lot 11, Linheins Sub . .................... 943.30 Sarah E. Brady, Lot 1-1-12, Linheins Sub . .................... 104.43 Gilford J. and Colletta Hoh- necker, Lot 2-2-1-12, Lin- heins Sub . .......................... 333.66 John J. Roshek, Lot 1-2-12, Linheins Sub . .................... 27.64 Sarah E. Brady (Survivor), Lot 2-2.12, Linheins Sub... 524.73 David B. and Ruth Cassat, Lot 2-1-1-1-1-1-5, Linheins Sub....................................... 49.71 Elizabeth A. Burden, Lot 2- 1-1-1-1-5, Linheins Sub..... 19.62 Thelma R. Collier, Lot 2-5, Linheins Sub . .................... 11.88 Thelma R. Collier, Lot 2-S. 207'-6, Linheins Sub......... 1.88 Thelma R. Collier, Lot N. 110'-7, Linheins Sub. ...... 70.15 Blanche E. Gronen, Lot S. 107.8'-7, Linheins Sub....... 190.92 Thelma R. Collier, Lot 2-1- 1-1-8, Linheins Sub. ........ 9.09 Thelma R. Collier, Lot 2-1-8, Linheins Sub . .................... 4.47 Thelma R. Collier, Lot 2.8, Linheins Sub . .................... 7.50 David B. Cassat, Lot 1, Pine Knoll Sub . ........................1,630.91 Blanche E. Gronen, Lot 2, Pine Knoll Sub ................ 80.43 Leo A. and Alphonsine Stef- fen, Lot 1-W. 2001-22, Quinlivans Sub . ................ 826.22 Gilford J. and Coletta Hoh- necker, Lot 2-W. 200'-2-2, Quinlivans Sub . ................ 457.4f Donald W. and Marguerite F. Deike, Lot 1-1, Beach's Sub....................................... 454.41, Sisters of Charity of the Blessed Virgin Mary (E empt), Lot 2-1, Beachx- s Sub. .............. 521.7; )avid A. and Dorothy W. Howell, Lot 2, Beach's Sub. ....................................1,488.00 larker and Cornelia McDo- nald Higley, Lot 1, Look- out Point ............................1,491.39 ,avern D. and Janet R. Kas- eel. Lot 2, Lookout Point 1,013.63 Alois M. and Mabel Hoff- man, Lot 1, Alma Place .. 477.27 Alois M. and Mabel Hoff- man, Lot 2, Alma Place .. 773.39 Sisters of Charity of the Blessed Virgin Mary, Lot 1, Min. Lot 17 .................. 2,10-10 Hans & Mary Katherine Von Loewe, Lot E.65'-1- 18, Summer Hill Add. .... 386.89 Hans & Mary Katherine Von Loewe, Lot E.10' -W. 87'.1-18, Summer Hill Add. .................................... 59.52 Mettel Realty & Inv. Co. cont: Donald R. & Corrine M. Dremmel, Lot W.77' - W.87'.1.18, Summer Hill Add. .................................... 458.33 31,607.99 All of which is assessed In pro- portion to the Special Benefits conferred. 2971 cu. yds. Excavation (unclassified) n 1.35 .... 4,010.85 2900 gals. Prime Coat MC - 70 n 0.25 ...................... 725.00 300 gals. Tack Coat RC -70 n 0.30 .............................. 9000 15 tons Sand Coat a 7.00 105.00 929.05 tons A.C. Binder Course @ 11.40 ............10,591.17 1046.45 tons A.C. Surface Course Lal 11.40 ............11,929.53 3651.9 tons ?/4" Stabilized Rolled Stone Base 0) 3.50 ....................................12.781.66 10 no. of Manholes Raise or Lower a 65.00 ........ 650.00 42.8 lin. ft. Concrete Curb. Remove & Replace n 6.50 .................................. 278.20 2 sq. yds. Concrete Re- moval @ 3.00 ................ 6.00 Total Construction Cost.... 41167.41 City Share ..........................12,360.13 Assessable Amount ..........28,807.28 9% Engineering Expense 2,592.66 5%Interest-52 days ........ 208.05 Total Assessable Amount..31,607.99 0 1 For Pennsylvania Avenue — from the W.P.L. of Lot 2-1.E.1/2-S.W.N Section 21-T.69 N.R. 2E westerly Special Session, January 18, 1971 47 to the Corporation Limits with Hot Mix Asphaltic Paving. Dubuque Community School District, I.ot 2-1, E.%- S.W.u4-Sec. 21-T.89 N.R. 2E 300.68 Mettel Realty and Inv. Co., L.ot 1, Mettel Byrne Add. Blk. #1 ................................ 758.74 Mettel Realty and Inv. Co., I.,ot 2, Mettel Byrne Add. Blk. #1 .............................. 166.35 Mettel Realty and Inv. Co., Lot 3, Mettel Byrne Add. Blk. #1 .............................. 56.56 Mettel Realty and Inv. Co., Lot 4, Mettel Byrne Add. Blk. #1 .............................. 25.49 Mettel Realty and Inv. Co., Lot 1, Mettel Byrne Add. Blk. #2 .............................. 684.89 Mettel Realty and Inv. Co., Lot 2, Mettel Byrne Add. Blk. #2 .............................. 194.15 Mettel Realty and Inv. Co., Lot 3, Mettel Byrne Add. Blk. #2 68.68 Mettel Realty and Inv. Co., Lot 4, Mettel Byrne Add. Blk. #2 .............................. 33.98 Mettel Realty and Inv. Co., Lot A. Mettel Byrne Add. Blk. #3 ..............................2,963.42 Dubuque Community School District, Lot 2-1, Byrne's Sub. ....................................4,895.29 Sisters of the Presentation, Lot 1-2, Byrne's Sub. ......9,658.80 'Sisters of the Presentation, Lot 3, Byrne's Sub. ........ 4 19,807.03 'Lot outside City Assessment Paid by City of Dubuque, Lot 3, Byrne's Sub. .................................... 312.74 20,119.77 1800 cu. yds. Excavation (unclassified) (u) 1.35 .... 2.430.00 2050 gals. Prime Coat MC - 70 n 0.25 ...................... 512.50 6 tons Sand Coat a, 7.00.. 42.00 623.95 tons A.C. Binder Course (a) 11.40 ............ 7,113.03 638.65 tons A.C. Surface Course n 11.40 ............ 7,280.61 4713.55 tons 3/4" Stabilized Rolled Stone Base n 3.50 ..................................16.497.42 Total Construction Cost.... 33.875.56 City Share ..........................15,538.55 Assessable Amount ..........18,337.01 Wr 9% Engineering Expense 1,650.33 5% Interest -52 days ...... 132.43 Total Assessable Amount..20,119.77 All of which is assessed in pro- portion to the Special Benefits Conferred. Passed, adopted and approved this 18th day of January 197'. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Published, of Notice of public hearing to consider proposal to authorize issuance of $88,257.09 Street improvement bonds to pay for assessed cost of constructing City of Dubuque 1970 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1, presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 23.71 RESOLUTION PROVIDING FOR THE ISSUANCE OF STREET IMPROVEMENT BONDS FOR THE PURPOSE OF PROVIDING FOR THE PAYMENT OF THE ASSESSED COST FOR THE IM. PROVEMENT OF CITY OF DU- BUQUE 1970 HOT MIX -HOT LAID ASPHALTIC CONCRETE PAVING PROJECT NO. 1. Whereas the contract heretofore entered into by the City of Dubu- que, Iowa, for the improvements hereinafter described has been completed and the City Manager certified the completion thereof of the City Council and the City 48 Special Session, January 18, 1971 Council has ascertained the cost 1. thereof and has determined that sc $88,257,09 Dollars of the cost there- h of shall be assessed against the pro- i perty subject to assessment there- t for; and Whereas public notice, as pro vided by law, has been published by the City Clerk stating the inten- tion of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all objec- tions made thereto have been con. sidered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost for the improvement of CITY OF DUBU- QUE 1970 HOT MIX -HOT LAID ASPHALTIC CONCRETE PAVING PROJECT NO. i on the following named streets: 1. Asbury Road—Maintenance patching near Woodlawn Intersec- tion. 2. Central Avenue—from the N.P,L. of Ninth Street to the N.P.L. of Lot 2 of Lot 2 of Mineral Lot 363. 3. South Grandview Avenue— S.P.L, of Kerrigan Road to the south end of the street. 4. John F. Kennedy Road—from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Asbury Road. 5. Locust Street— from the N.P.L. of 4th Street to the N.P.L. of 8th Street. 6. Ninth Street—from the E.P.L. of Locust Street to the E.P.L. of Main Street. 7. Pennsylvania Avenue—from the W.P.L. of Lot 2-1-E.%-S.W.1/4- Sec- tion 21-T.89 N. R. 2E. westerly to the Corporation Limits. 8. Pennsyl- vania Avenue—Street reconstruc- tion near Westridge Drive. 9. Rhomberg Avenue—f r o m t h e N.P.L of Marshall Street to Wis- consin Bridge. 10. Shiras Avenue —Replacement west of Rhomberg Avenue Intersection. 11. White Street—from the N.P.L. of 4th Street to the N.P.L. of 10th Street. there shall be issued street im- provement bonds in the amount of $88,000.00 Dollars in anticipation of the deferred payment of assess- ments levied for such improvement 2.Such bonds shall be called street improvement bonds; and shall bear the date of February 18, 971; and shall be numbered con- rcutively; and they shall be num- crcd. divided into series, and be n such denominations and for such I dates as are shown in he following table: Series No. 1, Bonds in Series 18, Bond No. 1704-1721, Den. $500.00, Mat. April 1, 1971, Amt. $9,000.00. Series No, 2, Bonds in Series 18, Bond No. 1722-1739, Den. $500.00, Mat. April 1, 1972, Amt. $.1,000.00. Series No. 3, Bonds in Series 18, Bond No. 1740-1757, Den. $500.00, fat. April 1, 1.973, Amt. $9,000.00. Series No. 4, Bonds in Series 18, Bond No. 1758-1775. Den. $500.00, Mat. April 1, 1974, Amt. -8,000-00. Series No. 5, Bonds in Series 18, Bond No. 1776-1793, lien. $300.00, Mat. April 1, 1975, Amt. $9,000.00. Series No. 6, Bonds in Series 18, Boad No. 1794-1811, Den. $500.00, Mat. April 1, 1976, Amt. $9,000.00. Series No. 7, Bonds in Series 17, Bond No. 1812,1828, Den. $500.00, Mat. April 1, 1977, Amt. $8,500.00. Series No. 8, Bonds in Series 17, Bond No. 182.9-1845, Den. $500.00, Mat.. April 1, 1978, Amt, $8,500.00. Series No. 9, Bonds in Series 17, Bond No. 1846.1862, Den. $500.00, 91a1. April 1, 1979, Amt. $8,500.00. Series No. 10, Bonds in Series 17, Bond No, 1863-1879, Den. $500.00, Mat. April 1, 1980, Amt. $8,500.00. Total Bonds in Series, 176. Total Amount $88,000.00. 3. Said bonds shall bear interest at the rate of seven per cent per annum, payable semiannually in accordance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said assessment funds. 5. Said bonds shall provide that they may be payable at any time. prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No. ........................................................ SeriesNo ............................................. CITY OF DUBUQUE Street improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, the sum of five hundred dollars with interest thereon at Special Session, January 18, 1971 49 the rate of seven per cent per an- num, payable semi-annually, on the presentation and surrender of the interest coupons hereto at- tached. Both principal and inter- est of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by vir- tue of Chapter 396 of the 1966 Code of Iowa, as amended, and the Resolution of said City duly passed on the eighteenth day of January, 1971, being Resolution No. 23-71. This Bond is one of a series of 176 bonds, all for $500.00 num- bered from 1704 through 1879, all of like tenor and date, and issued for the purpose of providing for the payment of the assessed cost for the improvement of the City of Dubuque 1970 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 as described in said Resolu- tion, in said City, which cost is payable by the abutting and ad- jacent property along said im- provements and is made by law a lien on all of said property. It is payable only out of the Special As- sessment Fund 1286 created by the collection of said special tax, and said fund can be used for no oth- er purpose. It is hereby certified and re- cited that all the acts, conditions and things required to be done, precedent to and in issuing this series of bonds, have been done, happened, and performed, in reg- ular and due form, as required by law and said Resolution, and for the assessment, collection and pay- ment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irre- vocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said Cit yto be thereto affixed, this l8th day of January, 1971. (SEAL) ............................................................ Mayor .......................................................... Clty Clerk (Form of Coupon) On the ................................ day of ............................................I the City of Dubuque, Iowa, promises 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 .................... months' interest due that date on its ........................ BondNo . ............................................ dated.................................................... ........................................ Mayor ........................................ City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed 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 de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund 1286 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Ma- yor and countersigned with the Clerk. 9. That as fast as funds allow, beginning with the scond year af- ter the payment of interest due, is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by re- gular United States Mail addressed to the last known address of the purchaser. Passed, adopted and approved this eighteenth day of January, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk 50 Special Session, January 18, 1971 Councilman Pregler moved adop tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun• cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 2471 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque. Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said Citv. Ursula Drake. 1097 Jackson Street BE IT FURTHER RESOLVED that the bond filed with the ap- plication be approved. Passed, adopted and approved this 18th day of January, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Mevers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car. ried by the following vote: Yeas—Mayor Couchman, Coun• cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 2S-71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica• tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS 'B" BEER PERMIT Thomas Andresen, 1080 University Avenue Ursula Drake 1097 Jackson Street Passed, adopted and approved this 18th day of .January, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop. tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman. Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 26.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, 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 bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT 'Thomas Andresen, 1080 University Avenue Ursula Drake, 1097 Jackson Street BE IT FURTHER RESOLVED that the bonds filed by such ap. plicants be and the same are here- by approved. Passed, adopted and approved this 18th day of January, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen AltesL• Leo F. Frommelt City Clerk Councilman Meyers moved adop ion of the resolution. Seconded Special Session, January 1.8, 1971 51 by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 27.71 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council: and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque. Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Thomas Andresen, 1080 University Avenue Ursula Drake, 1097 Jackson Street. Passed, adopted and approved this 18th day of January, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitters, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 28-71 WHEREAS, applications for Liq. uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT — C14APTER 123 — as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Thomas Andresen, 1080 University Avenue Ursula Drake, 1097 Jackson Street Passed, adopted and approved this 18th day of January, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. At 9:30 P.M. Councilman Preg- ler moved to go into Executive Session for the purpose of appoint- ing personnel to the Human Rights Commission. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. The Council reconvened in regu- lar session at 9:50 P.M. and Mayor Couchman announced the resigna- tion of Brendan Forrest, with re- gret, from the Human Rights Com- mission and recommended Rev. Vincent J. Hatt as a replacement for a three year term to January 1, 1974. Councilman Bitter moved for approval of the recommenda- tion. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. There being no further business Councilman Meyers moved to ad- journ. Seconded by Councilman 52 Spacial Session, January 18, 19i I Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers. Moldenhau er, Pregler. Nays—None. Leo F. Frommelt. City Clerk Approved March 29, 1971 Adopted March 29, 1971 City Clerk Regular Session, February 1, 1971 53 CITY COUNCIL OFFICIAL Regular Session, February 1, 1971. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Couchman, Councilman Bitter (entered Coun- cil Chamber at 8 P.M.), Councilmen Meyers, Moldenhauer, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made, this being the REGULAR MONTHLY MEET- ING, of the City called for the purpose of acting upon such busi- ness as may properly come before the meeting. Mayor Couchman recognized two boy scouts Rich Lange and Terry Fisher, commemorating the 61st anniversary of the Boy Scouts of America. The basic theme for scouting during 1971 "Conserva tion Good Turn" part of project SOAR (Save Our American Re- sources) will be carried out by the boys in their units during the entire year. Should the Council have any civic requests concern- ing conservation projects the Northeast Iowa Boy Scout office should be contacted. The Scouts presented the Mayor with an "Out- door Code." Mayor Couchman was presented with a letter of greeting from the Mayor of Coonabarabran New South Wales, Australia, by Miss Lynden Hawkins, a Rotary Ex- change Student, now attending Hempstead High School. It was suggested that Mayor Couchman confer a citizenship of Dubuque certificate to Miss Hawkins. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second ed by Mayor Couchman. Carries by the following vote: Yeas—Mayor Couchman, Council men Meyers, Moldenhauer, Preg ler. Nays—None. Absent—Councilman Bitter. Mr. Owen Riley, President o. General Driver's Local 421, state( 1W hat the men he represents are luite anxious for a wage settle- nent because a month has passed ;ince the last meeting with the 'ity Council. City Manager Chave- nelle agreed to meet with the union group on Monday, February B, 1971 at 8 A.M. assuring every- one present that the delay is not in any way an attempt to seek a tactical advantage. Communication of Low Rent Housing Commission submitting minutes of their meetings of Jan- uary 14, 19, 21, and 26th, pre- sented and read. Mayor Couch- man moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Communication of Dubuque Ad- visory Commission advising of the resignation of Don Runger as a member of the Commission, pre- sented and read. Mayor Couchman moved to accept the resignation with regret and he would submit a letter of appreciation and the resignation be referred to the Coucil. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent — Councilman Bitter. January 26, 1971 To the honorable Mayor and City Council I herewith submit the reports of the City Auditor, City Treasur- er, Water Department, as well as a list of claims, for the month of December 1970. Respectfully, Gilbert D. Chavenelle City Manager Mayor Couchman moved that the reports be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor C.ouchmen, Coun- cilmen Meyers, Moldenhauer, Preg. ler. Nays—None. Absent--Councllman Bitter. 54 Regular Session, February 1, 1971 Proof of Publication, certified to by the Publisher, of Statement t of Receipts and Disbursements, t for the month of December 1970, presented and read. Mayor Couch- ' man moved that the proof of pub- lication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. January 27, 1971 To the Honorable Mayor and City Council I am returning to you the peti- tion of Mr. Fred Schilt for a street light located on East 6th at the railroad tracks. The area has been investigated by the electrical inspector and it is recommended that a street light be erected on 6th opposite num- ber 300. It is also recommended that a second light be installed on 6th at a location approximately midway between an existing light and 4th Street. It is intended that at both lo- cations, 175 watt mercury vapor lights will be installed. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote - Yeas --Mayor Couchman, Council- men Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. January 28, 1971 Honorable Mayor and Members of the City Council Attached hereto is an Audit Re• port from the Auditor of State covering the Flood Disaster Grant for the period of August 14, 1969 to August 14, 1970. The certification is based on the audit of available records and amounts authorized by the Office of Emergency Preparedness to the date of audit. Respectfully submitted Gilbert D. Chavenelle City Manager Mayor Couchman moved that !le audit be received and filed. seconded by Councilman Pregler. tarried by the following vote: Yeas — Mayor Couchman, Coun- -ilmen Meyers, Moldenhauer, Preg- er. Nays,—None- Absent—Councilman Bitter. January 28, 1971 to the Honorable Mayor and City Council, This is to advise that I have approved the following policy and bond, and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY Saffran Construction Co., Bitumi- nous Casualty Corporation SIDEWALK Gilbert Roling, Merchants Mutual Bonding Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval for filing of the policy and bond subject to approval of the City Attorney. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen M e y e r s, Moudenhauer, Pregler. Nays—None. Absent --Councilman Bitter. January 28, 1971 To The Honorable Mayor and City Council I am returning to you the peti- tion of Mr. Alfred Hughes on be- half of Ridge Motor and Machine Company concerning the blocking of 12th Street by trucks servicing the A.Y. McDonald Manufacturing Company. I wrote to the McDonald Com- pany about the problem. Subse- quently, the location was inspected by the police department at dif- ferent times during one week. On November 12th, John White, Cap- tain Jenantan and myself met with Mr. Joseph Schmitt and Air. John McDonald. We reviewed the loca- tion of property lines, the street right-of-way, and discussed the problem. I am also enclosing a second letter from Mr. Hughes, indicating that "temporary measures" taken by the A. Y. McDonald people to eliminate the traffic problem have Regular Session, February 1, 1971 55 --------------- improved the situation and are occupied by a plumbing shop and ,temporarily" acceptable to Ridge parking area. This property is Motor and Machine Company. separated from the adjoining resi- The Hughes letter, however, dential area by the face of the indicates the desirability of a more stone quarry. permanent solution. It is the recommendation of the I believe that this means the re- Planning and Zoning Commission moval of the McDonald loading that the property described above dock from the street right-of-way. be reclassified from Local Business At this time I do not have any B to Business classification. such arrangement with the Com Respectfully submitted, pany. CITY PLANNING AND Respectfully, ZONING COMMISSION Gilbert D. Chavenelle Don Gilson, City Manager City Planner Mayor Couchman moved that the Mayor Couchman moved that the communication be received and recommendation be referred for Seconded by filed. Seconded by Councilman proper proceedings. Councilman Meyers. Carried by the Pregler. Carried by the following following vote: vote: Yeas — Mayor Couchman, Coun- Yeas —Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Nays—None. Absent—Councilman Bitter. Absent—Councilman Bitter. January 28, 1971 January 28, 1971 honorable Mayor andCouncil Honorable Mayor and Members Council Members The City Planning and Zoning The City Planning and Zoning Commission has reviewed a request Commission has held a public hear- to reclassify property located at ing on a proposal to reclassify the intersection of Evergreen and from Local Business 'B" to Busi- Kaufmann Avenue, described as ness, property described as that Lot 2 of Katharine Seippel Sub- part of Lot 1 of Lot 1 of Lot 1 of division, in the City of Dubuque, Lot 1 of Lot 3 of Mineral Lot 63, Iowa from Single Family Resi- described by a line commencing at dente to Two Family Residence a point on the Fast line of Bryant ,.Iassification. Street 50 feet northerly from the The property around this site intersection of the North curb line is developed for single family res - of Curtis Street extended and the idences and this is a single lot East line of Bryant Street thence designed for the same purpose as southeasterly 160 feet along a line the property around it. from the point of beginning to It was the opinion of the Com - the southeast corner of Lot 1 of that reclassification of this Lot 1 of Lot 1 of Lot 1 of Lot 3 mission would not be in keeping of Mineral Lot 63, thence easterly property with the general plan for the area to the West line of Lot 13 of and would constitute spot zoning. Bush's Subdivision at a point 30 It is the recommendation of the feet South of the northwest corner Planning and Zoning Commission of Lot 13 of Bush's Subdivision, that the request, as described thence northerly along the easterly above, not be approved. line of Lot 1 of Lot 1 of Lot 1 of Respectfully submitted, Lot 1 of Lot 3 of Mineral Lot 63 to CITY PLANNING AND the northeast corner of said lot, ZONING COMMISSION thence westerly along the northerly Don Gilson, line of said lot to the east right -of City Planner way line of Bryant Street, thence Mr. Peter Seippel addressed the South along the east right-of-way Council by statingthathe line of Bryant Street to the point appreciate an opportunity to red of beginning, all in the City of state his zoning request to the Dubuque, Iowa. This property is located at 100 Planning &Zoning Commission. Prcgler m0 ed that Bryant. Street and includes a por- Councilman be referred tion of a stone quarry that is the communication aw 56 Regular Session, February 1, 1971 back to the Planning & Zoning Commission for further considera- tion. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. January 28. 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Single Family Residence classifi- cation to Multiple Residence, prop- erty described as Lot 2 of McDan- iel's Park Hill Subdivision, located at 2820 Davenport Street, in the City of Dubuque, Iowa. This property is bounded on two sides by bluffs that drop away from the site, by a play field and a single family residence on the third side, and by a street on the remaining side. Because of these factors there would be a compat- ible relationship with the area around the site. It is the recommendation of the Planning and Zoning Commission that the property described above be reclassified from Single Fam- ily Residence classification to Mul- tiple Residence. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson, City Planner Mayor Couchman moved approv- al of the recommendation and that same be referred for proper pro- ceedings. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. and Diamond Grill building situ- ated at the northeast corner of Ninth and Main Street. Said fall was allegedly the result of the City's failure to maintain said sidewalk in a safe condition as the result of which decedent alleged- ly suffered injuries from which she died thereby and thereafter said claim in the amount of $25,000.00 was made. I have made an investigation of this matter and have reviewed the pertinent law and have re- viewed all of the circumstances surrounding this injury and it is the opinion of the City Attorney that there was no negligent act or negligence by the City of Du- buque in failure to act which in any way caused the alleged fall and resulting injuries and death of the said claimant. Accordingly, it is the recommen- dation of the City Attorney that the claim of Gerda Juno, admin- istrator of the Estate of Louise Huebner, for injuries allegedly suffered by Louise Huebner be de- nied. Original claim is attached here- January 20, 1971 Hon. Mayor and City Council On March 13, 1970, Mrs. Gerda Juno, the administrator of the Es- tate of Louise Huebner, filed no- tice of personal injury claim against the City of Dubuque, Iowa in the amount of $25,000.00 alleg- edly suffered by the decedent as the result of a fall at or near the corner of Ninth Street and Main Street at or near the Rathskeller to. Respectfully submitted, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. January 21, 1971 Hon. Mayor and City Council On April 30, 1969, Raymond J. Moriarty filed cliam for and on behalf of his minor son, Gregg Moriarty, claiming damages for the said son in the amount of $3,000.00 as the result of an al- leged accident at or near the: in- tersection of Boyer Street and Linda Court claiming a defective condition existed in the roadway that caused his son, while riding a bicycle thereon, to buckle and throwing said child to the pave- ment resulting in property dam- ages to the bicycle and personal injuries to said minor and that the damages allegedly suffered as the result thereof was in the total Regular Session, February 1, 1971 57 amount of $248.45 to cover hospi- tal and medical expenses and that the said claimant has made an of- fer to settle said claim in the amount of $600.00 and it is the recommendation of the City At- torney that said offer of settle. ment be accepted and that the City Auditor be instructed to draw warrant payable to Raymond J. Moriarty, individually and as nat- ural parent for Gregg Moriarty, a minor child, and transmitsame to the City Attorney for delivery up- on receipt of duly executed re- leases. Original claim is attached here- to. Respectfully submitted. R. N. Russo City Attorney Councilman Pregler moved ap. proval of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of claim of Mrs. A. R. Olson of Waukee, Iowa, in an un- determined amount, for personal injuries received in a fall on some steps in Eagle Point Park on Sep- tember 7, 1970, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Notice of Claim of Fred J. Breit- felder, in the amount of $100., for personal injuries received in a fall on an icy crosswalk at the corner of 9th and Main Street on December 12, 1970, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded bv Coun- cilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg ler. Nays -.-None. Absent—Councilman Bitter. aw Notice of Claim of Mrs. Dorothy Kamentz, in the amount of $421.75, for personal injuries received in a fall at the northeast corner of 19th & Jackson Street on January 4, 1971, presented and read. Council- man Pregler moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-- -None. Absent—Councilman Bitter. Notice of Claim of Homer M. Buckley, in an undetermined amount, for personal injuries re- ceived in a fall on an icy cross walk at the northeast corner of 6th & Locust Street. on January 4, 1971, presented and read. Council- man Pregler moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Notice of claim of Lyle P. Link, in the amount of $15,000 for per- sonal injuries received in a fall on an icy sidewalk at 2617 Uni- versity Ave on December 31, 1970, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Notice of Suit of Ethel L. nutter, in the amount of $60,000 for per- sonal injuries received in a fall on an icy sidewalk at 17th and Iowa Street on January 20, 1969, pre. sented and read. Councilman Preg. ler moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Moldenhau- 58 Regular Session, February 1, 1971 er. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilman Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Notice of claim of Betty K. Bar- rett, in the amount of $102.00, for personal injuries received in a fall in the street at 515 Almond, due to an icy condition, on January 13, 1971, presented and read. Coun- cilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays --None. Absent—Councilman Bitter. Councilman Meyers moved that a public hearing be held on the Ordinance on March 1, 1971 at 7:30 P.M. in the Council Chamber at the City Nall and that the City Clerk be instructed to publish no. tice of the hearing in the manner required by law. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er. Pregler. Nays—None. ORDINANCE NO. 3.71 An Ordinance Zoning and Clas- sifying Recently Annexed Ter- ritory to the City of Dubuque, Iowa, as a "Multiple Residence District" which Real Estate is hereinafter described as Lot 1 of 1 of 1 of 1 of 1 of 2 of M.L. 482; Lot 3 of 1 of 1 of 1 of 2 of M.L. 483• Lot 2 of 2 of 1 of 1 of 1 of M.L. 483; Lot 2 of 1 of 1 of 1 of 1 of M.L. 483: Lot 1 of M.L. 464: Lot 1 of M.L. 485; Lot 1 of 1 of M.L. 493: Lot 1 of M.L. 490; Lot 1 of 1 of M.L. 492: Lot 1 of 2 of 1 of A.L. 496: all in Table Mound Twp., (Tower Investment Inc.), presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas—Mayor Couchman. Coun- cilmen Ritter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 4.71 An Ordinrnce Zoninq and Clas- sifying Recently Annexed Ter. ritory to the City of Dubuque, Iowa, as a "Multiple Residence District" which Real Estate is Hereinafter Described as Lot 1 ofloflofloflofI of Annie Waller's Sub. No. 2 in Sections 1 and 12, T. 88 N.R. 2E, 5 P.M. Table Mound Twp. and Lot 2 of Sub. of 1 of 1 of 1 of M.L. 4R3 in SWI/4 of Section 1, Twp. 88 M.R. 2E of 5 P.M. in Table Mound Two, and Lest 2 of Sub. of M.L. 484, in SWI/4 of Section 1, Twp 88 N. R. 22. 5 P.M. in Table Mound Twp. (Waller - Byrne, Table M-und School property) presented and read. Councilman Meyers moved that the reading jutl had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Meyers moved that a public hearing be held on the Ordinance on March 1, 1971, at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk he instructed to publish no- tice of the hearing in the manner required by law. Seconded by Regular Session, February 1, 1971 59 Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. S-71 An Ordinance Zoning and Class- ifying Recently Annexed Ter- ritory to the City of Dubuque, Iowa, as a "Single Family Resi- dence District" classification which Real Estate is hereinafter described, That portion of Lot 2 of the Sub. of Lot 1 of 2 of 1 of resubdivision of part of Shipton Addn., lot 2 of 3 of resubdivision, Lot 2 of 6 of resubdivision of part of Shipton Addn., Lot 2 of 1 of 6 of resubdivision of part of Ship- ton Addn. (Mississippi Valley Milk Producers Assn. property) presented and read. Councilman Meyers moved that the reading just had be consider- ed the first reading of the Ordin- ance. Seconded by Councilman Pregler. Carried by the following vote: Year — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couch- man. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Meyers moved that a public hearing be held on the Ordinance on March 1, 1971, at 7:30 P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 6-71 An Ordinance Zoning and Class- ification recently Annexed Ter ritory to the City of Dubuque, Iowa, as a "Single Family Resi- dence District" which Real Es- NOW tate is hereinafter described as Lots 103, 104 and the westerly 7 feet of Lot 101 In "O'Neill's Riv- er Vlew" (Phyllis Jones property) presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordin- ance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couch- man. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Meyers moved that a public hearing be held on the Ordinance on March 1, 1971, at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish not- ice of the hearing in the manner required by law. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 7.71 An Ordinance Authorizing Adams Realty Corporation to Construct Enclosure to Exterior Open Stair Well, (property at 1301 Central Ave.) presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Bitter moved that the rule requiring reading of an Ordinance on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. 60 Regular Session, February 1, 1971 ORDINANCE NO. 7-71 AN ORDINANCE AUTHORIZING TO CONSTRUCTRELTY COENCOLO RATU1RE TO EXTERIOR OPEN STAIR WELL. NOW THEREFORE BE IT OR- DOAINED THE CITY OF DUBUQUEE CITY , IO- WA: Seclion t. That Adams Realty Cot, poration as owners of the premises known as 13ol Central Avenue, Du- buoue, Iowa, and described as the: the South c/of Dubuque, Iowat Lot 449 In be, and they are hereby, granted the revocable license and authority to construct and maintain an enclos- ure terms nd citionsstforin this Ordinance. Section 2. That such construction shall be done in accordance with Plans heretofore submitted by per- Man- agerpeundeand r the supervision ltand di- rection of the City Manager, and In and federal laws and regulations,rand the Ordinnces of the City of Dubuque. Section 3. That the permission herein grantedrittees xagreelmentp to: Cloned on pe a) damages any persons oliaPbiiroperty istence mconstructionfrom 0 mel le - terror open stair enclosure to a%• b) To Dubuquon e all sums whif of chethetCOf ity of Dubuque shall become obli. gated the lliabilityp imposeay d uponp thef City of Dubuque for damages of any kind resulting from the exist- ence, construction or mainto- nance of said enclosure to ex• tenor open stair well sustained by any person or persons,caus- ed by accident or otherwise, to defend at its own expense and on behalf of said City any claim against the City of Dubuque arcs ing out of the existence, construe- topextefioflopen stairl well l0spre (c To Idemnify and hold City of Dubuque free and harmless from any and all claims, loss, liabil- ity and expense for injuries to pird ersons roper tY)f third rdamages p persons, or for dame pes to any property of City o1 Dubuque which may occur as a result of or in nn tion with the intriance and repairroftithe facllityework m or improve ent Permitted here - In. Section 4. That the permission here- in Granted Is expressly Conditioned upon Permltlees further agreement that should the right and Privilege herein, granted be rescinded or re- voked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within thirty (30) days after receipt of written notice from the City Man. ager, so to do, a1 their own expense, remove said enclosure to exterior open stair well and in the event of their failure so to do, the City of Dubuqueshall be authorized to re. move said exterior open stair well at permittees expense and dispose of the same, and the Permittees shall have no claim against the City or Its agents for damages resulting from the removal of said exterior open stair well Section S. This Ordinance shall be- come effective and the rights here- under accrue to Adams Realty Cor- poration when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Passed adopted and approved this 1st day of February, 1971, Gaylord M. Couchman Mayor Welter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Len F. Frommelt City Clerk ACCEPTANCNoO 71 ORDINANCE The undersigned having read and being familiar with the terms and conditicns of Ordinance No. 7-71 here- by, for themselves, their successors or assigns, as owners of the abutting property. aCCBPI the same and agree to be bound by the conditions end agreements therein contained 10 be performed by permittees. Dated! February Bth, 1971. ADAMS REALTY CORPORATION By: Geo. R. B en Ades. Published offically in The Telegraph - Herald Newspaper this lith day of February, 19e7p1. L City Clrk melt e 1t. 2/11 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Resurrection Men's Service Club, as sponsors of Tri- State Baseball Tournament re- questing permission to sell beer at Riverfront Field on June 19th and 20th and at Petrakis Field on June 21st through June 27th, pre- sented and read. Councilman Mey- ers moved that the Petition be re- ferred to the City Manager. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays --None. Absent—Councilman Bitter. Petition of Joe Beck et al ob- jecting to the location of a Boy's Half Way Nouse at 77 Hill Street, (130 signers), presented and read. Councilman Pregler moved that the petition be referred to the Council. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Regular Session, February 1, 1971 61 RESOLUTION NO. 29-71 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, compos- ed of Gaylord M. Couchman, May- or, Joseph R. Voelker, Chairman of Dock Board, and Robert E. Dor- othy, Manager of Dubuque Indus- trial Bureau, have recommended to the City Council of Dubuque, Iowa, that the application to purchase certain real estate by Wm. C. Brown Company Publishers of Du- buque for the purpose of construct- ing and erecting thereon a 85,000 square foot plant in the City of Dubuque, Iowa, and WHEREAS, the City Council of Dubuque, Iowa has examined said application and said recommenda- tion by the Mayor's INDUSTRIAL COMMITTEE and find that the sale of said real estate should be ap- proved, and WHEREAS, said real estate sought to be purchased by Wm. C. Brown Company Publishers of Du- buque is described and known as Lot 1 of Lot 1 of Block 5, Riverfront Subdivision No. S, in the City of Dubuque, Iowa containing approximately 11.17 acres, subject to existing ease- ments. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA - Section I. That the application of Wm. C. Brown Company Publish- ers of Dubuque to purchase a parcel of real estate in the City of Dubuque, Iowa which real es- tate is described and known as: Lot 1 of Lot 1 of Block 5, Riv- erfront Subdivision No. 3, in the City of Dubuque, Iowa, containing approximately 11.17 acres, subject to existing ease- ments be and the same is hereby, approv- ed upon the following terms and conditions: A. That said real estate be sold to Wm. C. Brown Company Pub- lishers for the construction of a new Building thereon contain- ing approximately 85,000 square feet. B. That the sale price for said real estate shall be $5,000•00 per acre for 11.17 acres in the total amount of Fifty-five Thousand Eight Hundred and Fifty Dol - ow Jars ($55,850.00) and the receipt of Five Thousand Five Hundred Eighty-five Dollars ($5,585.00) as down payment is herewith ack- nowledged by the City. C. That construction of said plant be commenced within one (1) year of adoption and the pass- age of this Resolution and shall be completed within two (2) years of delivery of deed, and upon failure so to do by the purchaser, Wm. C. Brown Com- pany Publishers said real estate shall automatically revert to the City of Dubuque, Iowa and pur- chase price, less damages, shall be refunded to the purchaser. D. That the construction of all buildings, yards, parking lots, fences and ancillary improve- ments shall be constructed in conformance with existing City codes, and manufacturing pro- cesses carried out in accord with City ordinances. E. That the City of Dubuque, Iowa retains a perpetual easement for existing waterlines, existing san- itary sewer and storm sewer lines and for utilities together with right of ingress and egress to repair, inspect and maintain the same. F. That all utilities and services to proposed buildings be connect- ed at buyer's expense. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of in- tent to dispose of interest in real estate as is by law required. Passed, approved and adopted this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer I Donald R. Meyers Joseph J. Bitter Councilmen Attest. Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. 82 Regular Session, February 1, 1971 January 8, 1971 To the Honorable Mayor and City Council This is to advise you that the construction of Contract H, Sec- tion HI, Catfish Creek Pumping Station and work incidental there- to in and for the City of Dubuque, Iowa has been completed in ac- cordance with plans, specifications and the contract by and between Korshoi Construction Co. of 1545 Washington Street, Blair, Nebras- ka and the City of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Couchman moved that the communication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen M e y e r s, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas --Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. FINAL ESTIMATE RESOLUTION NO. 30.71 WHEREAS, the contract for the construction of Contract H Sec. tion III, Catfish Creek Pumping Station has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mates, notices, inspection, and pre- paring the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $269,751.28. That none of the cost thereof shall be assessable upon private property and $180,733.36 shall be paid from the Storm Sewer Con- struction Fund of the City of Du- buque, and $89,017.92 shall be paid from Federal Sewage Works Grant WPC—Iowa 338. Passed, adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk (A Resolution Accepting Improve- ment) RESOLUTION NO. 31.71 WHEREAS, the contract for the construction of Contract 17, See. tion III, Catfish Creek Pumping Station has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its ac. ceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Storm Sewer Construction Fund & Federal Sew- age Works Grant WPC -Iowa 338 upon the above described improve- ment in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Regular Session, February 1, 1971 63 January 18, 1971 To the Honorable Mayor and City Council This is to advise you that the construction of Waste Water Treat- ment Facilities Site Preconsolida- tion and work incidental thereto in and for the City of Dubuque. Iowa has been completed in ac. cordance with plans, specifica- tions and the contract by and be- tween M. F. Goerdt Construction Company of Dubuque, Iowa and the City of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Couchman moved that the communication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen M e y e r s. Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. FINAL ESTIMATE RESOLUTION No. 32-71 WHEREAS, the contract fcir-lhe construction of Waste Water Treatment Site Preconsolidation has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $48,759.03. That none of the cost thereof shall be assessable private proper- ty and $32,668.55 shall be paid from the Storm Sewer Construc- tion Fund of the City of Dubuque, and $16,090.48 shall be paid from the Federal Sewage Works Grant WPC -Iowa 338. Passed, adopted and approved this 1st day of February 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. (A Resolution Accepting Improvement) RESOLUTION No. 33.71 WIIEREAS, the contract for the construction of Waste Water Treatment. Facilities Site Precon- solidation has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its ac. ceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED. that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized Storm Sewer Construction Fund and the Federal Sewage Works Grant WPC•Iowa 338 from the above described improvement in the amount equal to the amount of his contract. Passed, adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of notice of levy of Special Assessment and in- tention of the City Council to 64 Regular Session, February 1, 1971 - issue bonds to pay for construction of. Joan F. Kennedy Road Sanitary Sewer -West Side -from Sprint; Val- ley Road to West -32nd Street, pre- sented and read. Mayor Couchman moved that the proof of Publica- tion be received and filed. Second. ed by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Couchman,Coun- cilman Meyers, Moldenhauer, Preg ler. Nays - None. Absent - Councilman Bitter. cial tax be and is hereby levied on the be lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the follow• ing schedule: Statement of City Clerk certify- ing that notices of levy were mail- ed by certified mail on January 6, 1971 to property owners of re- cord subject to payment of assess- ments to pay for construction of the John F. Kennedy Road Sani- tary Sewer -West Side -from Spring Valley Road to West 32nd Street, presented and read. Mayor Couch- man moved that the statement. be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays - None. Absent - Councilman Bitter. Statement of Ray Rampson, a member of the Engineering De- partment, certifying that notices of levy were posted in the assess- able area of construction of John F. Kennedy Road Sanitary sewer - west side -from Spring Valley Road to West 32nd Street on January 13, 1971, presented and read. Mayor Couchman moved that the state- ment be received and filed. Se- conded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays - None. Absent - Councilman Bitter. John F. Kennedy Road Sanitary Sewer - West Side from Spring Valley Road to 32nd Street. Gilbert Merritt, Lot 1-1-1.0 1-1-1.1-1.9, NE'ASec. 16- T89N•R2E ............................ 774.65 LorenGeraid Guler, Lot 2- 1-11.1-1-1-11-9, NE u4 Sec. 16-T89N-R2E ............ 462,60 Marlin L. & Fonda F. Witt- man, Lot 2-11.11-11-1-9, NF. %.Sec. 16-T89N-R2E.. 511.88 Harold F. & Alice Fsser, Lot 2-111.1-1.19, NE Y4 - Sec. 16-T89N-R2E .............. 511.88 Lyle J. & Ann E. Whalen, Lot 2-1.1-1-9, NE 1/4 -Sec. 16- T89N-R2E .................... 767.82 Eugene & Jacquelin Win- ders, Lot 2.2-1-1.9, NE 2/4 - Sec. 16-T89N-R2E. ............ 767.82 Duane W. & Darlene L. Da- vis, Lot 1-2.1-1.9, NE 1/4 See. 16-T89N-R2E ............ 767.82 Arthur & Milred Witherall, Lot 2_1.1_1_ 1-9, NE 1/4 -Sec. 16•T89N-R2 F. ...................... 682.50 William A. & Jeanne F.is- bach, Lot 2.1.1-1-1-1.9, NE '/.,-Sec. 16•T89N-112F ........ 682.50 Robert J. & Patricia Dall, Lot 2-1.9, NE 1/4 -Sec. 16- T89N.R2E............................. 341.25 Robert J. & Patricia Dall, I.ot 2-2.9, NE V4 Sec. 16. T89N-R2E ............................ 204.75 Thomas J. & Betty Jo Nel. son, Lot 1.2.9, NE 1,4 -Sec. 16-T89N-R2E ...................... 784.88 Joseph & Grace Baumgart- ner, Lot 4, M.L. 455 ........ 819.82 Emil & William Joos (cont. Lemar Koethe, M.L. 455, Lot 2-1, ....................................... 265.77 RESOLUTION NO. 34.71 Schedule of Assessments RESOLVED by the City Council of the City of Dubuque, Iowa: That. to pay for construction of JOHN F. KENNEDY ROAD SANITARY SEWER -- West Side - FROM SPRING VALLEY ROAD TO WEST 32ND STREET, by Tschigg- frie Excavating contractor, in front of and adjoining the same, a spe- Total 1222.84 lin. it. .... .... 8,345.94 City Share 8" VTP, 87 L.in.Ft. Cw 3.95 343.65 Concrete Manhole side- wall, 12.5 Lin.Ft. (h 21.00 ................................ 262.50 Concrete Manhole Base, 2 No. of ((-l) 50.00 .............. 100-00 Concrete Manhole Ring & Cover, 2 No. of Q) 55.00 110.00 Regular Session, February 1, 1971 65 8" Stub out of Manhole, 1 No. of 0 10.00 .............. 10.00 Manhole Tap, 1 No. of 40.00 ................................ 40.00 Class "A" Concrete Pave- ment, 29.61 Sq. Yds. Cad 13.10 387.89 CITY SHARE ..............1,254.04 TOTAL COST ..............9,599.98 Passed, adopted and approved this 1st day of February 1971. Gaylord M. Couchman Mayor Walter A. Preoler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider author- isation to issue sewer bonds in the amount of $8.345.94 to pay for cost of constructing John F. Ken- nedy Road Sanitary Sewer, west side, from Spring Valley Road to 32nd Street, presented and read. Mayor Couchman moved that the proof of publication be received and filed. Seconded by Council. man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen M e y e r s, Moldenhauer, Pregler, Nays—None. Absent—Councilman Bitter. RESOLUTION No. 35.71 RESOLUTION PROVIDING FOR THE ISSUANCE OF SEWER IM- PROVEMENT BONDS FOR THE PURPOSE OF PROVIDING FOR THE PAYMENT OF THE AS- SESSED COST FOR THE IM. PROVEMENT OF JOHN F. KEN- NEDY ROAD SANITARY SEW. ER -WEST SIDE Whereas the contract heretofore entered into by the City of Dubu- Nor que. Iowa, for the improvements hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $8,354.94 Dollars of the cost there- of shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to is- sue bonds for the purpose of pro- viding for the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost for the improvement of JOHN F. KENNE- DY ROAD SANITARY SEWER - WEST SIDE -from Spring Valley Road to West 32nd Street. there shall be issued sewer im- provement bonds in the amount of $8,000.00 Dollars in anticipation of the deferred payment of assess. ments levied for such improve- ment. 2. Such bonds shall be called se- wer improvement bonds; and shall bear the date of March 4, 1971; and shall be numbered consecu- tively; and they shall be number- ed, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: S. No. Bond No. Den... Mat. 1 1880-1881 $500.00 April 1, 1971 2 1882-1883 $500.00 April 1, 1972 3 1884-1885 $500.00 April 1, 1973 4 1886-1887 $500.00 April 1, 1974 5 1888-1889 $500.00 April 1, 1975 6 1890.1891 $500.00 April 1, 1976 7 1892 $500.00 April 1, 1977 8 1893 $500.00 April 1, 1978 9 1894 $500.00 April 1, 1979 10 1895 $500.00 April 1, 1980 3. Said bonds shall bear interest at the rate of seven per cent per annum, payable semiannually in accordance with coupons thereto attached: Regular Session. February 1, 1971 1,. z -41d bonds shall not make the g viable in any way, except for --,e application of said special as e:.zment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No. ...............................»....... Series No . ............................ CITY OF DUBUQUE Sewer Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, the sum of five hundred dollars with interest thereon at the rate of seven per cent per annum. payable semiannually, on the pre- sentation and surrender of the in- terest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1966 Code of Iowa, as amended, and the Resolu. tion of said City duly passed on the first day of February, 1971, being Resolution No. 35.71. This Bond is one of a series of 16 bonds, all for $500.00 numbered from 1880 through 1895 all of like tenor and date, and issued for the purpose of providing for the pay- ment of the assessed cost for the improvement of John F. Kennedy Road Sanitary Sewer -West Side. as described in said Resolution, in said City, which cost is payable by the abutting and adjacent proper- ty along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1287 created by the collec- tion of said special tax, and said fund can be used for no other pur- pose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, happen. ed, and performed, in regular and due form, as required by law and said Resolution, and for the assess- ment, collection and payment here- on of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 1st day of February, 1971. .......................................... Mayor .......................................... City Clerk (Form of Coupon) On the ............................... day of .........I the City of Dubuque, Iowa, promises 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 .................... months' interest due that date on its .......................... BondNo . ............................................ dated............................................ .... "" ...................................»..... Mayor .......................................... City Clerk 6. That the Mayor and City Clerk he and they are hereby instructed 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 deli- ver them to the City 'Treasurer. 7. That the City Treasuerer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fnud to be known as Special Assessment Fund 1287 and paid out by him to pay the cost of said contract. 8. That the interest coupon, at- tached to the bonds be signed with the facsimilie signature of the Ma- yor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, be- ginning with the second year after the payment of interest due, the Regular Session, February 1, 1971 87 City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by re- gular United States Mail addressed to the last known address of the purchaser. Passed, adopted and approved this first day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop. tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 36.71 Resolution Amending Resolution No. 244-70 by repealing Section 3 thereof providing for the ap- pointment of five members and enacting a new Section 3 in lieu thereof to provide for the ap- pointment of seven persons as members of said low rent -hour. Ing commission. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Resolution No. 244-70 be and it is hereby amend- ed by repealing Section 3 thereof and enacting a new Section 3 in lieu thereof to provide as follows, to -wit: "Section 3. That there is hereby created a said Board of Commis- sioners of the Low -Rent Housing Commission consisting of seven citizens of the City of Dubuque, Iowa, who shall be qualified by knowledge, experience and back- ground to act in matters pertain- ing to low -rent housing for the citizens of the City of Dubuque, Iowa. The members of the said Board of Commissioners shall be appointed by the Mayor subject to the approval of the City Coun- cil. The term of office for four of NOW said commissioners originally ap- pointed shall be two years and the term of office for three of said commissioners originally appoint. ed shall be one year. Thereafter the term of office for each Com- missioner shall be two years. The original Board of Commissioners shall assume office as soon as their appointment is made by the Mayor and approved by the City Council. The Mayor shall desig- nate a chairman and vice-chairman from among the Commissioners. Vacancies occurring on the Board caused by resignation or otherwise shall be filled by the Mayor and approved by the Council for the unexpired term. All members of the Board of Commissioners shall serve without compensation except necessary expenses, including trav- el expenses incurred in the dis- charge of their duties." Passed, approved and adopted this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 37.71 Resolution for Approval of City of Dubuque Audit for Fiscal Years 1970 and 1971. Whereas Section 11.18, Code of Iowa, provides that the financial condition and transactions of all etiies and city offices shall be ex- amined at least once each year; Whereas examinations may be made by the Auditor of State, or in lieu thereof, the local govern- ing body whose accounts are to be examined, in case it elects so to do, may contract with, or em- ploy, certified or registered pub- lic accountants, certified and reg. istered in the state of Iowa, and Regular Session, February 1, 1971 so notify the Auditor of State within sixty days after the close of the fiscal year to be exam- ined. Now, therefore, be it resolved that the audit of the City of Du- buque 1970 financial condition and transactions be contracted with the C P A firm of O'Connor, Brooks, Ahrendt do Brooks of Du- buque, Iowa, and the Auditor of State be requested to audit the fi- nancial condition and transactions of the Ciyt of Dubuque for the year 1971. Passed, approved and adopted this 1st day of February 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregier. Nays—None. RESOLUTION NO. 38.71 Resolution amending the con- nection charge established by Resolution No. 391-69 for the sanitary sewer constructed to serve Heritage Manor. This sew- er extends the Catfish Creek trunk line sewer from the W.P. L. of Block 14 in Key Knolls Subdivision westerly to the Her- itage Manor property. WHEREAS, the City Engineer has inspected the same and the City Manager has accepted said sewer; and WHEREAS, the City Engineer under said ordinance, has resub- mitted to the City Council a new certified statement showing all the amounts paid in connection with the construction of said sew er, including engineering and in spection fees a m o u n t i ng to $53,087.28; and WHEREAS, the following prop erty owners have paid the connec tion charges for their respectiv pieces of property as detailed be. low: Schiltz Development Co., Lot 1-1-E.%S.W.1/4-Sec- tion 21-T89N-R2E, 1452.6 Lin. Ft. C? 6.78 ............$9,848.63 Mettel Realty Investment Co. (Mettel-Byrne Sub.), Lot A. blk. 3 Mettel- Byrne Addition, 1410.1 Lin.Ft. @ 6.78 ................ 9,560.48 NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That hereafter any person or persons desiring to con- nect with said sewer shall first apply to the City Manager for per- mission to do so and such permis- sion shall be granted upon condi- tion that the applicant shall pay to the City Treasurer for the ac. count of Retirement Investment Corporation, a connection charge of $6.78 per front foot. Any appli- cant who desires to serve his prop- erty by connecting to such sewer, which property is not within the corporate limits of the City of Du- buque, shall annex the same to the City of Dubuque voluntarily, as a condition precedent to such connection. Section 2. That the following is the pro -rated connection costs payable to the City of Dubuque for the Retirement Investment Corporation: Heritage Manor: Lot 1, N.W.',i - N.E.1/4, Section 20, T89N-R2E, 445.28 Lin.Ft. @ 6.78 ................$3,019.00 Dubuque TV -FM Cable Co.: Lot 2, Kloser Place, 478.8 Lin. Ft. 4 6.76 .... 3,246.26 Mr. Joseph Siegert: Lot 2, N.E.1/4 - S.E.1/4, Section 20, T89N.R2E, 976.4 Lin. Ft. @ 6.78 ...................... 6,620.00 Easement Cost (Siegert) .. 6,000.00 Dr. Pfohl: Lot 1, N.E.1/4- S.E.Y4, Section 20, T89N- R2E, 181.0 Lin.Ft. 0) 6.78 1,227.18 Easement Cost Apportion 80.11 S.E.1/4-N.E.1/4, Section 20, T89N-R2E, 1420.0 Lin.Ft. (P 6.789,627.60 ............................ Easement Cost Apportion 392.89 Lot 3 N.E.'/4-N.E.1/4, Sec- tion 20, T89N-R2E, 495.3 Lin.Ft. @ 6.78 ................ 3,358.13 Eastment Cost Apportion 137.00 Section 3. That Resolution No. e 391-69 adopted and approved by Regular Session, February 1, 1971 69 the City Council on the 8th day of December, 1969 which estab- lished the original connection charge on the sewer be and the same is hereby repealed and can. celled and is of no further force or effect. Section 4. 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 County Recorder of Du- buque County, Iowa. Passed, adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion. Seconded by Mayor Couch- man. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION No. 39.71 AUTHORIZING THE EXECU- TION OF A CERTIFICATE OF COMPLETION FOR OPTOME- TRY CENTER, INC. WHEREAS, under date of Au- gust 6, 1970, the City of Dubuque entered into a Contract for the Sale of Land for Private Redeve. lopment with Optometry Center, Inc. for the real estate hereinafter described;; and WHEREAS, under the terms of said Contract the subject real es- tate was conveyed by the City of Dubuque to Optometry Center, Inc. who constructed thereon certain improvements; and WHEREAS, Section 307 of said Contract provides that upon com- pletion of the improvements the City of Dubuque will furnish Op- tometry Center, Inc. a Certificate of Completion; and WHEREAS, it has determined that the required improvements have been satisfactorily completed now therefore o! BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a Certificate of Completion for the Optometry Center, Inc. for the im- provements located on Block 1 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, situated in the Downtown Urban Renewal Project, Iowa R-15. Section 2 That the Clerk be and he is hereby authorized and direct- ed to file a copy of this resolution and the executed copy of the Cer- tificate of Completion in the office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays --- None. RESOLUTION No. 4071 AUTHORIZING THE EXECU- TION AND DELIVERY OF DEED TO TIME FINANCE COR- PORATION FOR THE SALE OF LAND IN THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 WHEREAS, under date of Ja- nuary 18, 1971, the City of Dubu- que and Time Finance Corpora- tion entered into a Contract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private redevelopment by Time Finance Corporation. WHEREAS, Time Finance Cor- poration has complied with the conditions of said Contract, and have requested that the City of Du- buque execute and deliver to them 70 Regular Session, February 1, 1971 a Deed for the land described hereinbelow; now therefore BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA: SECTION 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to Time Finance Corporation for the sale of South 79 feet of Disposi- tion Parcel No. 1 of Block No. 3 in the Downtown Urban Renewal Project, Iowa R-15, legally de- scribed as South 79 feet of Lot 1 of Block 3 in Dubuque Downtown Plaza in the City of Dubuque, Iowa containing 6,729.22 square feet, more or less SECTION 2. That the Director of the Department of Urban Re- newal is hereby authorized and di- rected to deliver said Deed to Time Finance Corporation upon receipt of the purchase price of $16,823.05 on the basis of $2.50 per square foot for 6,729.22 square feet. Passed, approved and adopted this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 41.71 PRELIMINARY ESTIMATE and approval of plans, specifications, form of contract and all other documents for the cleaning of the West 32nd Street Detention Basin, in the estimated amount of $23,052.00, presented and read. Councilman Meyers moved adop. tion of the resolution. Secondee by Councilman Pregler. Carriee by the following vote: Yeas — Mayor Couchman, Coun cilmen Bitter, Meyers, Molden hauer, Pregler. Nays — None. (Necessity for Improvement) RESOLUTION NO. 42.71 WHEREAS, proposed plans, ;pecifications, and form of con- .ract have been duly prepared ind approved by the City Coun- 'il of the City of Dubuque, Iowa, ind are now on file in the office if the City Clerk showing among ether things the following: (1) The plan of such improve- ment. (2) An estimate of the cost of the improvement for the cleaning of the West 32nd Street Detention Basin. BE IT THEREFORE; RF,SOL,VED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im. provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con. structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement shall be paid from the SANITATON FUND. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 1st day of February, 1971. Approved and placed on file for final action. Approved: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved ap- proval of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Regular Session, February 1, 1971 71 (Ordering Construction) RESOLUTION NO. 43-71 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a Resolution of Necessity No. 42-71 which was duly passed by this Council for the Cleaning of the West 32nd Street Detention Basin. Be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the SANITATION FUND. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef. fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (FIXING DATE OF HEARING) RESOLUTION No. 44-71 WHEREAS, the City Council of the City of Dubuque, Iowa has gi- ven its preliminary approval on the proposed plans, specifications, and form of contract and placed s, same on file in the office of the City Clerk for public inspection for the CLEANING OF THE WEST 32ND STREET DETENTION BA- SIN BE IT THEREFORE RESOLVED that on the 15th day of February, 1971, a public hearing will be held at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. Passed, adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 45.71 AUTHORIZING THE ADVER- TISING OF BIDS FOR THE DE- MOLITION AND SITE CLEA- RANCE OF CERTAIN PARCELS OF REAL ESTATE 1N THE DOWNTOWN URBAN RENE- WAL PROJECT, IOWA R-15 WHEREAS, the City of Dubu- que que. under date of July 26. entered into a Loan and Capital Grant, Contract with the United States of America providing for financial assistance to the City of Dubuque under Title I of Housing 72 Regular Session, February 1, 1971 Act of 1949, as amended ,for the undertaking of the Downtown Ur- ban Renewal Project Iowa R-15; and WHEREAS, the City of Dubuque pursuant to such contract and to implement the Urban Renewal Plan for the Project Area has ac. quired and is acquiring certain parcels of real estate; and WHEREAS, in order to provide cleared land for redevelopment and for certain public improve- ments; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the City Clerk be and he is hereby authorized and directed to publish "Invita- tion for Bids" for Demolition Con- tract No. 1-71 for the demolition and site clearance of certain par- cels of real estate in the Down, town Urban Renewal Project, Io- wa R-15, in the form of Exhibit "A" attached hereto and made a part hereof. Passed, adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wal,"A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk INVITATIONS FOR BIDS DEMOLITION CONTRACT No. 1.71 The City of Dubuque, State of Iowa, will receive sealed proposals 'for Demolition of building and structures and Site Clearance for the Downtown Urban Renewal Pro- ject, Iowa R-15, until 10 o'clock A.M. Central StandardTime on February 19, 1971, at the Office of the City Clerk, City Hall, 13th and Iowa, Dubuque, Iowa, at which time all bids will be publicly open- ed and read in Council Chambers, This project will consist of appro. ximately 9 major buildings and other improvements that may it fact exist upon any of the parceli to be cleared. All improvement! are to be. demolished or disman tied on the site. Contradt Documents, including irawings, technical drawings and Forms are on file with the Diree. ior of Urban Renewal. Copies of the Contract Docu- ments may be obtained by depo. siting $10.00 with the Director of Urban Renewal, Suite 10-B Fischer Building, Dubuque, Iowa, for each set of documents so obtained. Each such deposit will be refunded if the documents are returned in good condition within 10 days af- ter bid opening. A certified check or bank draft, payable to the order of the City of Dubuque negotiable U.S. Go- vernment bonds, or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to ten percent (10%a) of the estimated cost of Demolition and Site Clearance ex- clusive of any deductions for sal- vage, shall be submitted with each bid. The successful Bidder will be required to furnish and pay for satisfactory performance and pay- ment bond or bonds. Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project, and that the Contractor must ensure that em- ployees and applicants for employ- ment are not discriminated against because of their race, creed, color, or national origin. The City of Dubuque reserves the right to reject any or all Bids or to waive any informalities in the bidding. Bids may be held by the City of Dubuque for a period not to ex- ceed thirty (30) days from the date of the opening of Bids for the pur- pose of reviewing the Bids and in- vestigating the qualifications of the Bidders, prior to awarding of the Contract. DATE February 2, 1971 CITY OF DUBUQUE LEO F. FROMMELT CITY CLERK Mayor Couchman moved adop- tion of the resolution. Seconded by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Regular Session, February 1, 1971 73 RESOLUTION NO. 46.71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Kenneth F. Beaver, 900 Central Avenue Douglas L. Schlickman, 1450 I.oras Blvd. BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop. tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 47.71 WHEREAS, applications for Beer Permits havebeen submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following apPlica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT John E. Noel, 2400 Central Avenue CLASS "C" BEER PERMIT ` National Tea Company, Kennedy Mall John J. Heiderscheit, 1278 Central Avenue John F. Thompson, 805 West 5th Street John F. Thompson, 51 West 32nd Street or Passed, adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. RESOLUTION NO. 48-71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, 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 bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT John E. Noel. 2400 Central Avenue CLASS "C"' BEER PERMIT National Tea Company, Kennedy Mall John J. Heiderscheit, 1278 Central Avenue John F. Thompson, 805 West 5th Street John F. Thompson, 51 West 32nd Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed. adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Waiter A. Pregler Wayne A. Moldenhauer I Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk 74 Regular Session, February 1, 1971 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 49.71 WHEREAS. applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuoue. Iowa, that the fnllnwine applications be *ranted and licenses issued upon the compliance wi'h the terms of the IOWA LTOTTOR CONTROT, ACT --CHAPTER 123—as amend -d by the 60th General Assembly, 1963. CLA« "C" roumpRCIAL ESTARI ISLIMcNT John E. Nnel. 240 ^enf ral Avenue Jnhn R. Hirsch, 206 West 3rd St. Donald P. Shanley, 1630 East 16th Street Passed, adnnted and annroved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Preeler Wayne A. Moldenhauer Dnnald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adon- tion of the resolution. Seenndod by Cmineilman Meyers. Carried by the following vote: Yeas — Mayor Couchman. Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION No. SO -71 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of thin Council, and WHEREAS, the premises to bt occupied by such applicants werf Inspected and found to comph with the State Law and all Cit! ordinances relevant thereto an( they have filed proper bonds; NOW THEREFORE BE IT RE- ;OLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor Permit. Class "C" Commercial Establishment John E. Noel, 2400 Central Avenue John R. Hirsch, 206 West 3rd St. Donald P. Shanley. 1630 East 16th Street Passed, adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adopt- ion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Mr. Joe Paradiso, a member of the Advisory Commission, sub- mitted a "curfew" proposal to the Council. Councilman Pregler mov- ed that the proposal be received and filed and referred to the Coun cil meeting of March 1, 1971. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Moldenhauer moved that the Advisory Commission be requested to bring in their pro- posal at the same meeting, March 1, 1971, showing the pros and cons on the issue of a curfew. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Regular Session, February 1, 1971 Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer. Pregler. Nays — None. Leo F. Frommelt City Clerk Approved April 19, 1971 Adopted April 19, 1971 76 Special Session, February 15, 1971 (ITY COUKIL Special Session, February 15, 1971. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Couchman, Councilmen Bitter, Meyers, Preg- ler. City Manager Gilbert D. Cha. venelle. Absent — Councilman Moldon- hauer. (out of city). Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is called for the purpose of consid- ering ADOPTION OF AN ORDI- NANCE AND DISPOSING OF A PORTION OF ST. MARY STREET and acting upon such other busi- ness as may properly come before a regular meeting of the City Coun- cil. Communication of Councilman Moldenhauer excusing his absence from the meeting, due to a former commitment to attend a profes- sional meeting out of the City, pre- sented and read. Councilman Preg. ler moved that the communication be received and filed. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays — None. Absent — Councilman Molden• hauer. Mr. Les Mateffy, a representa• tive of the Cast Iron Pipe Research Ass'n. presented Mr. J. J. Hail, Superintendent of the Water De- partment, a Century Club plaque by virtue of having cast iron un- derground pressure in mains in service for a century or more, thereby electing the Water Depart- ment to Honorary Membership in the Cast Iron Century Club. Communication of Playground and Recreation Commission sub- mitting their annual activity re- port for 1970, presented and read. Councilman Meyers moved that the report be received and filed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays — None. Absent — Councilman Molden- hauer. Communication of Gloria M. Ung, submitting copies of peti- ions sent to the Planning & Zon- ng Commission relative to opera - ion of businesses at 2782 Buena Vista and at 105 W. 17th Street„ in areas not normally allowed under their present zoning classification, presented and read. Councilman Bitter moved that the communica. tion be received and filed. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. hays — None. Absent — Councilman Molden- hauer. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second. ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Pregler. Nays — None. Absent — Councilman Molden• haver. Attorney Wm. Connery, repre- senting Mrs. Loras Grace of 2782 Buena Vista Street, who has been operating a figurine shop in her home for the last fifteen years addressed the Council by stating that this is in a two family area. Mr. Connery further stated that the area should be under exemp- tion under the Zoning Ordinance as educational use. Mrs. Richard Pluym of 105 W. 17th Street also addressed the Council who con- ducts a figurine business stated that she thought she was within the law because her place is in a business zone. She submitted a petition signed by citizens in the area requesting rezoning if neces- sary for her to stay in business. Councilman Bitter moved that the petition be received and filed and referred to the Manager and City Solicitor for investigation and report. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Pregler. Nays — None. Absent — Councilman Molden- hauer. Special Session, February 15, 1971 77 printed Council proceedings for the month of December 1970„ pre- sented for approval. Councilman Meyers moved that the proceed- ings be approved as printed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays — None. Absent — Councilman Molden. hauer. February 11, 1971 To the Honorable Mayor and City Council, This is to advise you that I have approved the following policy and desire to have your approval on same. Comprehensive Liability Dubuque Plumbing and Heating Co., A Division of Geiger & Co., Bituminous Casualty Corporation. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved fil- ing approval of the policy subject to approval of the City Solicitor. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays — None. Absent — Councilman Molden- hauer. February 12, 1971 To the Honorable Mayor and City Council I am enclosing a letter agree- ment from the Fischer Realty Company concerning an increased rent of $75.00 per month for the Municipal Court space. This agree- ment is as of January 1, 1971. 1 am also enclosing a covering letter from Court Clerk Stieber re- commending that the agreement be signed. I request the authority to sign the agreement on behalf of the city. Respectfully, Gilbert D. Chavenelle City Manager Mayor Couchman moved approv- al of the Manager's request. SeC- onded by Councilman Meyers. Car- i ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers„ Pregler. Nays — None. Absent — Councilman Molden- hauer. February 4, 1971 Honorable Mayor and City Council On December 15, 1970, Donald Gagne of 1214 Jackson Street, this city, filed claim against the City of Dubuque in the amount of $15.00, claiming said alleged damages oc- curred on December 5, 1970 as the result of being struck and scraped by a low hanging tree branch causing injury to his eye and side of his face at 3:00 A.M. at or near 14th and Washington Streets. This matter was referred to the writer, and I have made an invest- igation of this matter, and find that the claimant is a blind man, and it is the recommendation of the City Attorney that said claim be paid to the claimant, and that the City Auditor be instructed to draw a warrant payable to Donald Gagne in the amount of $15.00 and transmit same to the City Attorney for delivery upon receipt of duly executed release. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Mayor Couchman moved approv- al of the recommendation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays — None. Absent — Councilman Molden- hauer. Notice of Suit of Ethel L. Hutter (refile) in the amount of $60,000 for personal injuries received in a fall on an icy sidewalk at 75 W. 17th Street on ,January 20, 1969, presented and read. Councilman Bitter moved that the notice of suit be referred to the City SOlic- itor for investigationd report. Seconded by Mayor Canouchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau- er. 78 Special Session, February 15, 1971 Notice of claim of Louis C. Ber- ry, in the amount of $323.00, for car damage incurred as the result of said car being struck by a City - owned rubbish truck, while parked at 1030 Walnut Street on January 12, 1971, presented and read.Coun- cilman Bitter moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Couch- man. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau. er. January 28, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a pro- posal to vacate a portion of St. Mary's Street described as Lot A of the West 23' of Lot 1 of City Lot 601, in the City of Dubuque, Iowa. The Commission found that the area requested for vacation has accommodated a house that has existed on part of the right-of-way for many years, and that the sur- face portion of the street for vehicular and pedestrian traffic would not be affected. It is the opinion of the Com- mission that there is no present or future need for this property. It is the recommendation of the Planning and Zoning Commission that the request be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner to David F. & Lynda L. Kluesner, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau- er. ORDINANCE NO. 2.71 AN ORDINANCE VACATING A PORTION OF ST. MARY STREET, FROM NORTHERN PROPERTY LINE OF THE WEST 23' OF LOT t OF CITY LOT 601 TO THE SOUTHERN PROPERTY LINE OF THE WEST 23' OF LOT 1 OF CITY IAT 601, said Ordinance having been previously presented and read at the Council meeting of January 18, 1971, presented for Final adoption. Councilman Meyers moved that the recommendation be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau- er. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider vaca- tion and disposal of a portion of St. Mary Street known as Lot A of W 23' of Lot 1 of City Lot 601, ORDINANCE No. 2-71 AN ORDINANCE VACATING A POR- TION OF St. MARY STREET, FROM NORTHERN PROPERTY LINE OF THE WEST 23' OF LOT 1 OF CITY LOT LINE THE OF THHETWEST 23' OF LOT I OF CITY LOT 601. WHEREAS, Cullen-Schiltz 6 As- sociates. professional engineer and land surveyors of Dubuque. Iowa have certified by plat that the home upon St Mary SEmmlrStreet .'In the west• erly rear corner and 65' in the westerly front corner, and WHEREAS, the City Engineer hes Prepared and submitted to the City Council ogether witph the swoest wing 23'sofdLottrI aoi City Lot 601 and assigned a number thereto and which shall hereafter be known and described as: Lot A of the West 23' of Lot 1 of City Lot 601 in the City of Dubuque, Iowa; anWHEREAS. the City Council recog- nizes and acknowledges that the west- erly exterior side of the said dwelling be and the same Is the appropriate westerly lot boundary line; and WHEREAS, the City Council has determined that the said portion of said street Is no longer required for public use and the Planning and Zon- Ing Commission of the City of Du. buque. Iowa has approved the vaca- tion of said Lot A of the West 23' of Lot 1 of City Lot 601 in the City of Dubuque, Iowa. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of Lot A of West 23' of Lot 1 of City Lot 601 bearing date of the 5th day of January, 1971 and prepared by the City Enpl- neer of the City of Dubuque, Iowa e and the same Is hereby approved and the Mayor and the City Clerk be and they are hereby authorized and di- rected to execute the same for and on behalf of the City of Dubuque, Iowa Section 2. That said real estate de- scribed as- Lot A of the West 23' of Lot 1 of City Lot 601 In the City of Dubuque, Iowa be and the same Is hereby vacated. Special Session, February 15, 1971 79 Section 3. That the City Clerk be and he is hereby authorized and di. rected to cause notice of intent to dispose of said real estate to David F. &Lynda L. Kluesner, husband and wife, which real estate Is de- scribed in the paragraph herein- above. Section 4. That conveyance of said Lot A of the West 23' of Lot 1 of City Lot 601 In the City of Dubuque, Iowa to David F. & Lynda L. Kluesner, husband and wife be and the same Is hereby approved upon payment of $1.00 and upon payment of costs of Publication and filing costs. Passed, approved and adopted this 15th day of February 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 19th day of February 1971. Leo F. Frommelt City Clerk. It. 2/19 Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau- er. ORDINANCE NO. 8-71 An Ordinance amending and changing Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" soas to change Lot 2 of McDaniel,s Sub- division from "Single Family Residence District" classification to "Multiple Residence District" classification, (Cletus Freiburger property on Davenport St.) presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau- er. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau- er. Councilman Bitter moved that a public hearing be held on the Ordinance on March 15, 1971 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau- er. ORDINANCE NO. 9.71 An Ordinance amending and changing Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change a part of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 3 of Mineral Lot 63 from Local Business B Dis- trict classification to "Business District' classification, (Geiger property Dodge & Bryant) presented and read. Councilman Bitter moved that the reading just had be consid- ered the first reading of the Ordi- nance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau- er. Councilman Bitter moved that the rule requiring an Ordinance to be read on the three separate days be waived. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau- e.r. Councilman Bitter moved that a public hearing be held on the Ordinance on March 15, 1971 at 7:30 P.M. in the Council Chamber at the City Nall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau- er. Special Session, February 15, 1971--- - Communication of Playground & I Councilman Bitter moved that Recreation Commission requesting the rule requiring an Ordinance amendment of their budget to in- to be read on three separate days elude additional expenditure for be waived. Seconded by Mayor operation of the Hempstead Swim- Couchman. Carried by the follow. ming Pool, presented and read. ing vote: Councilman Meyers moved that the Yeas—Mayor Couchman, Coun. communication be received and cilmen Bitter, Meyers, Pregler. filed. Seconded by Councilman Nays—None. Pregler. Carried by the following Absent—Councilman Moldenhau- vote: er. Yeas—Mayor Couchman, Coun- Councilman Bitter moved that a cilmen Bitter, Meyers, Pregler. public hearing be held on the Ordi- Nays—None. nance on March 1, 1971, at 7:30 Absent— -Councilman Moldenhau- P.M. in the Council Chamber at er. the City Hall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Naps—None. Absent—Councilman Moldenhau- er. Petition of Dubuque Wa-Tan-Ye Club requesting that the week of March 7th to 13th be proclaimed "Wa-Tan-Ye Week in Dubuque". presented and read. Councilman 1'regler moved approval of the petition and same be referred to the Mayor. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau- er. Petition of N. W. Bell Telephone Co. requesting permission to ex- cavate in 12th Street between Main and Central, intersection of 12th and Jackson, also on 12th between Central and Iowa, presented and read. Councilman Meyers moved approval of the petition and same be referred to the City Engineer, Seconded by Mayor Couchman Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau er. Mr. Hank Waltz addressed the Council by stating that the use of Hempstead is very much limited as they have a minimum filterin4 system, which means they could only serve from 250 to 300 ca- pacity. Ile objected to the raising of rates of Flora and Municipal pools to subsidize operation of Hempstead pool, also as to the proposed change of the hourly schedule. Mrs. Edna Thompson presented the Council with a petition of ap- proximately 500 signatures object- ing to the proposed increase in swimming pool rates and change of the hourly schedule of both Flora and Municipal pools. The bus situation is also bad. River Valley Cap has no funds to pay for recreation. Councilman Bitter moved that the petitions be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilmen Moldenhau- er. ORDINANCE NO. 10-71 An Ordinance amending the bud- get as approved by Ordinance No. 1-71, to increase recreation fund expenditures, presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Petition of Peter J. Seippel with Carried by the following vote: drawing rezoning request for Lot Yeas—Mayor Couchman, Coun- 2 of Katharine Seippel Subdivision, cilmen Bitter, Meyers, Pregler. presented and read. Councilman Nays—None. Meyers moved that the petition Absent—Councilman Moldenhau- be referred to the Planning & er. ; Zoning Commission. Seconded by Special Session, February 15, 1971 61 Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau- er. Petition of General Fitzhugh Lee Spanish American War Auxiliary requesting permission to sell carna- tions on April 16th and 17th, pre- sented and read. Mayor Couchman moved that the petition be granted and referred to the City Manager. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent.—Councilman Moldenhau- er. Petitions of Dorothy M. Olsen requesting a refund of $125. on the unexpired portion of Liquor License No. C-5020; Requesting a refund of $25.00 on the unexpired portion of cigarette license No. 131; Requesting a refund of $50. on the unexpired portion of Class B Beer Permit No. 65, she has discontinued business on January 30, 1971 presented and read. Coun- cilman Pregler moved that the refunds be granted and the Audi- tor instructed to issue proper war- rant. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau- er. Petition of John J. Ludescher requesting a refund of $25. on the unexpired portion of cigarette li- cense No. 22, as he has discon- tinued business on February 1, 1971, presented and read. Council- man Pregler moved that the peti- tion be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent --Councilman Moldenhau- er. Proof of Publication, certified to by the Publisher of Notice of pub- lic hearing on resolution of Neces. sity for cleaning of the W. 32nd Street Detention Basin, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau- er. (Necessity for Improvement) RESOLUTION NO. 42.71 WHEREAS, proposed plans, spec- ifications, and forth of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improve- ment (2) An estimate of the cost of the improvement for the CLEANING OF THE WEST 32nd STREET DETENTION BASIN BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement shall be paid from the SANITATION FUND The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 1st day of February, 1971. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro - 82 Special Session, February 15, 1971 r -- posed, by the City Council this 15th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved final adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau. er. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of pro- posals for the cleaning of the W. 32nd Street Detention Basin, pre- sented and read. Councilman Mey- ers moved that the proof of pub- lication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas --Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau- er. February 15, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 A.M., Monday, February 15, 1971 for the Cleaning of the West 32nd Street Detention Basin. The lowest bid was entered by the Saffran Construction Company of Dubuque, Iowa. Their bid was 15.0% below the Engineer's Esti. mate. I recommend that the contract for the improvement be awarded to the Saffran Construction Com- pany. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Couchman moved approv- al of the recommendation. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays — None. Absent -- Councilman Molden- hauer. (Awarding Contract) RESOLUTION No. 51.71 WHEREAS, sealed proposals have been submitted by contract- ors for the Cleaning of the West 32nd Street Detention Basin pur- suant to Resolution No. 44.71 and notice to bidders published in a newspaper published in said City on February 3, 1971 and February 10, 1971; and WHEREAS, said sealed proposals were opened and read on February 15, 1971, and it has been deter- mined that the bid of The Saffran Construction Company of Du- buque, Iowa in the amount of $19,594.20 was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to The Saffran Construction Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- ful bidders. Approved and placed on file for one week on February, 1971. Passed and adopted this 15th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adopt- ion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays — None. Absent — Councilman Molden- hauer. Special Session, February 15, 1971 83 February 4, 1971 To the Honorable Mayor and the City Council Sometime ago we applied to the Iowa State Highway Commission for cost participation on new sig- nalized intersections being planned on primary highway routings through the downtown area. In conjunction with the 1971 Cooperative City Traffic Signal Program the State has agreed to pay the designated percentage of the total cost of the following In- tersections: U.S. 52, Iowa 3 (Locust Street) and 4th Street 77% U.S. 52, Iowa 3 (Central Avenue) and 4th Street 82% U.S. 52, Iowa 3 (Central Avenue) and 9th Street 88% The percentage participation is based on the projected volumes of highway vehicular traffic utilizing the intersection. We have attached an agreement forwarded to us by the State to be executed by the City Council. Af- ter this agreement is executed, we will send it to the Highway Com- mission along with a detailed cost estimate and plans. Upon receipt of written approval from the State we will commence construction of the signals. Respectfully submitted, John L. White, P.E. City Engineer Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following %rote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays — None. Absent — Councilman Molden- hauer. RESOLUTION No. 52.71 NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Mayor and City Clerk be and they are hereby authorized and directed to execute an agree• ment dated 15th of February, 1971 with Iowa State Highway Commis sion, a copy of which Agreement is attached, respecting the financ ing, planning, establishment, im provement, maintenance, use or aw regulation of public improvement In their respective jurisdiction, and it is the judgment of the par- ties that traffic signals be install- ed, in accordance with the fiscal 1971 Cooperative City Traffic Sig- nal Program, at the intersection of U.S. 52, 151, Iowa 3 (Locust Street) and 4th Street, U.S. 52, 151, Iowa 3 (Central Avenue) and 4th Street, and U.S. 52, 151, Iowa 3 (Central Avenue) and 9th Street. Passed, approved and adopted this 15th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk I, Leo F. Frommelt, Clerk of the City of Dubuque, Iowa do hereby Certify the foregoing to be a true and correct copy of a Resolution Adopted by the City Council of the City of Dubuque, Iowa at a meet- ing on the 15th day of February, 1971, that said Resolution is still in effect; that the Agreement re- ferred to herein, attached thereto, is in the form executed. Witness the seal of said City of Dubuque, Iowa and my signature this 15th day of February, 1971. Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays — None. Absent — Councilman Molden- hauer. February 12, 1971 To the Honorable Mayor and City Council Enclosed is a request to make Municipal Court employees Joan Blocker and Aloysius Becklus "De- puty Court Clerks". It is recom- mended that the resolution be passed assigning the title to these employees. Respectfully, Gilbert D. Chavenelle City Manager 84 Special Session, February 15, 1971 Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter. Meyers, Pregler. Nays — None. Absent — Councilman Molden- hauer. RESOLUTION No. 53-71 WHEREAS, Joseph A. Stieber, Clerk of the Municipal Court of Dubuque, Dubuque County, Iowa, has requested the confirmation of the appointment of Aloysius Beck- ius and Joan Blocker as Deputy Clerks of Said Court; and WHEREAS, it appears that such appointment should be confirmed; NOW THEREFORE, Be It Re- solved by the City Council of the City of Dubuque: Sec. 1. That the appointment of Aloysius Beckius as Deputy Clerk of Municipal Court of Dubuque, Dubuque County, Iowa, be and hereby is confirmed; Sec. 2. That the appointment of Joan Blocker as Deputy Clerk of Municipal Court of Dubuque, Du- buque County, Iowa, be and hereby is confirmed; Passed, adopted, and approved this 15th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adopt- ion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays — None. Absent — Councilman Molden• hauer. Cigarettes and Cigarette Papers within said City. Barkalow Bros. Company, 200 Main Street Jerry L. Udelhoven, 1897 Clarke Drive William P. Fransen, 1900 Washing- ton Street Donald M. Love, 600 Central Ave- nue (Transfer from 250 West 6th Street effective March 2.9, 1971) BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 15th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen RESOLUTION No. 5471 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar• ettes within the City of Dubuque, Iowa, be granted a permit to sell Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adopt- ion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays — None. Absent — Councilman Molden- hauer. RESOLUTION No. 55.71 WHEREAS, applications for Beer Permits have: been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RFSOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. Class "B" Beer Permit William P. Franzen, 19ou Washing- ton Street Gerald Kirchberg, 3165 Central Avenue Passed, adopted and approved this 15th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Special Session, February 15, 1971 85 Councilman Bitter moved adopt- ion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays — None. Absent -- Councilman Molden- hauer. RESOLUTION No. 56-71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. Class "B" Beer Permit William P. Fransen, 1900 Washing- ton Street Gerald Kirchberg, 3165 Central Avenue BE IT FIJRTI4ER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 15th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adopt- ion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays — None. Absent — Councilman Molden- hauer, RESOLUTION No. 57.71 WHEREAS, application for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com pliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123—as amended by the 60th General Assembly, 1963. Class "C' Commercial Establishment Gerald Kirchberg, 3165 Central Avenue Passed, adopted and approved this 15th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adopt- ion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays — None. Absent — Councilman Molden- hauer. RESOLUTION NO. 58.71 WHERAS, applications for Uq- uor Permits were filed by the with- in named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor permit. 86 Special Session, February 15, 1971 CLASS "C" COMMERCIAL ESTABLISMENT Gerald Kirchberg, 3165 Central Avenue Passed, adopted and approved this 15th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent --Councilman Moldenhau. er. RESOLUTION NO. S9.71 WHEREAS, on the 6th day of October 1969, the City Council of the City of Dubuque, Iowa passed and adopted Resolution No. 338-69 approving disposition of interest of City of Dubuque in certain real I estate to Fischer Investment Com- pany and in said Resolution was contained a description of the property to be disposed of, and WHEREAS, t h r o u g h inadver- tence and mistake a portion of the description was left out and that the property correctly de- scribed is as follows: The Easterly two hundred eighty two (282) feet from the easterly boundary of Block 24, Dubuque Harbor Improvement Co.'s Addi- tion, Sixth Street, B l o c k 0 Booth's Addition, vacated Fifth Street, Block N, vacated Fourth Street, Lots 11, 10, 9, 8, 7, 6, and the north 3 feet 3 inches of Lot 5 in Block M, Booth's Addi- tion, all in the City of Dubuque, Dubuque County, State of Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposition of interest of City of Dubuque in and to real estate hereinabove de. scribed be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute corrected deed conveying the real estate hereinabove described and to deliver same to Grantee forth- with, conveying said property to Fischer Investment Company. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of Dubuque County, Iowa recorder. Section 4. That in all other re- spects Resolution No. 338.69 ex- cepting the description therein contained be and the same is here- by ratified and confirmed. Passed, approved and adopted this 15th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau- er. At 9:24 P.M. Councilman Pregler moved to go into an executive ses- sion for the purpose of discussing with the City Manager and Per- sonnel Director Walter Bockes, wage negotiations of City Employ- ees. Seconded by Mayor Couch- man. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays --None. Absent --Councilman Moldenhau- er. The Council reconvened in reg- ular session at 11:13 P.M. with the Mayor making the announce- ment that there was a discussion of wage negotiations as it presently exists in the executive session. There being no further business Councilman Bitter moved to ad- journ. Seconded by Councilman Special Session, February 15, 1971 87 Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—None. Absent—Councilman Moldenhau- er. Leo F. Frommelt City Clerk Approved April 19, 1971 Adopted April 19, 1971 88 Special Session, February 20, 1971 CITY COUNCIL OFFICIAL Special Session, February 20, 197). Council met at 10:00 A.M. (C.S.T.) Present — Mayor Couchman, Councilmen Meyer, Moldenhauer, Pregler. City Manager Gilbert D. Chavenelle. Absent—Councilman Bitter (at roll call). Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of DISCUSSING WAGE NEGOTIA- TIONS and acting upon such other business as may properly come before a regular meeting of the City Council. RESOLUTION NO. 60.71 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, compos- ed of Gaylord M. Couchman, Mayor, Joseph R. Voelker, Chairman of Dock Board, and Robert E. Doro- thy, Manager of Dubuque Indus- trial Bureau, have recommended to the City Council of Dubuque, Iowa, that the application to pur- chase certain real estate by Wm. C. Brown Company Publishers of Dubuque is described and known structing and erecting thereon a 65.000 square foot plant in the City of Dubuque, Iowa, and WHEREAS, the City Council of Dubuque, Iowa has examined said application and said recommenda- tion by the MAYOR'S INDUS- TRIAI. COMMITTEE and find that the sale of said real estate should be approved, and WHEREAS, said real estate sought to be purchased by Wm. C. Brown Company Publishers of Dubuque is described and known as: Lot 1 of Lot 1 of Lot 1 of Block 5, and Lot 1 of Lot 2 of Lot 1 of Block 5, "Riverfront Sub -division No. 3" in the City of Dubuque Iowa, containing approximately 11.17 acres, subject to existing easements. NOW THEREFORE BE IT RE SOLVED BY THE CITY COUNCII OF THE CITY OF DUBUQUE IOWA: Section 1. That the application >f Wm. Brown Company Publish - of Dubuque to purchase a par- -el of real estate in the City of )ubuque, Iowa which real estate s described and known as: Lot 1 of Lot 1 of Lot 1 of Block 5. and Lot l of Lot 2 of Lot 1 of Block 5. "Riverfront Sub -divi- sion No. 3" in the City of Du- buque, Iowa, containing approxi- mntely 11.7 acres, subject to existing easements be and the same is hereby approv- ed upon the following terms and conditions: A. That said real estate be sold to Wm. Brown Company Pub- lishers for the construction of a new Building thereon con- taining approximately 65,000 square feet. B. That the sale price for said real estate shall he $5.000.00 per acre for 11.17 acres in the total amount of Fifty- five Thousand Eight Hund- red and Fifty Dolllars ($55,850.00) and the receipt of Five Thousand Five Hund- red Eighty-five Dollars ($5,585.00) as down payment is herewith acknowledged by the City. C. That construction of said plant he commenced within one (l) year of adoption and the passage of this Resolu- tion and shall be completed within two (2) years of deliv- ery of deed, and upon failure so to do by the purchaser, Wm. C. Brown Company Pub- lishers said real estate shall automatically revert to the City of Dubuque, Iowa and purchase price, less damages, shall be refunded to the pur- chaser. D. That the construction of all, buildings, yards, parking lots. fences and ancillary improve- ments shall be constructed in conformance with existing City codes, and manufactur- ing processes carried out in accord with City ordinances. E. That the City of Dubuque, Iowa retains a perpetual ease- ment for existing waterlines, existing sanitary sewer and storm sewer lines and for utilities together with right of ingress and egress to re- Special Session, February 20, 1971 89 pair, inspect and maintain the same. F. That all utilities and services to proposed buildings be connected at buyer's expense. Section 2. That the City Clerk be. and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate as is by law required. Section 3. This Resolution re- peals Resolution No. 29-7? passed, approved and adopted on the 1st day of February 1971 and which shall be of no further force or effect. gassed, approved and adopted this 20th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Pre- gler. Nays —i None. A sent – Go jaWi&N i tbW - WHEREAS; pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on January 22, 1971 and January 29, 1971, City Council of Dubuque, Iowa met on the 15th day of Feb. ruary, 1971 at 7:30 o'clock P.M., Central Standard Time, in the City Council Chamber, City Hall, Du- buque, Iowa to consider the pro- posal to dispose of interest of the City of Dubuque to a portion of St. Mary Street from the N.P.L. of West 23' of Lot 1 of City Lot 601 to S.P.L. of West 23' of Lot 1 of City Lot 601, now known and platted as: Lot A of West 23' oI Lot 1 of City Lot 601, in the Cit1 of Dubuque, Dubuque County, low, to David F. Kluesner, husband ane wife; and WHEREAS, City Council of Du buque, Iowa overruled anyand al objections oral or written, to thi 3roposal to dispose of interest of amity of Dubuque. Iowa in the above fescribed real estate to David F. Kluesner and Lynda L. Kluesner, husband and wife; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL DF THE CITY OF DUBUQUE. [OWA: Section 1. That the disposal of interest of City of Dubuque in real estate to David F. Kluesner and Lynda L. Kluesner, husband and wife, covering the following described real estate, to -wit: Lot A of West 23' of Lot 1 of City Lot 601, in the City of Du- buque, Dubuque County, Iowa for the total purchase price of One Dollar ($1.00) plus cost of publication and filing fees, and that no abstract of title be fur- nished, be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver deed of conveyance to David F. Kluesner and Lynda L. Kluesner, husband and wife, upon receipt of total purchase in the amount of One Dollar ($1.00) plus costs of pub. lication and filing fees. 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. Passed, approved and adopted this 20th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. At 10:12 A.M. Mayor Couchman moved that the Council go into executive session for the purpose of discussing wage negotiations with the representatives of the bar- 99 Special Session, February 20, 1971 gaining Committee of Union Local 421. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. COUNCILMAN BITTER ENTER- ED THE COUNCIL CHAMBER AT 10:55 A.M. At 11:50 A.M. the Coun- cil reconvened in regular session with the announcement by Mayor Couchman that bargaining be- tween the Union and Council took place and the subject will be handled by Mr. Bockes, the per- sonnel director. There being no further business Councilman Meyers moved to ad. journ. Seconded by Councilman Pregler, Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer„ Pregler. Nays — None. Leo F. Frommelt City Clerk Approved . Apr 1 191 1971. April 19, 1971. 7 ... 1...... .... .......r I City Clerk. Regular Session, March 1, 1971 91 CITY COUNCIL OFFICIAL Regular Session, March 1, 1971. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Couchman, Councilmen Bitter, Meyers, Mold- enhauer, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council called for the purpose of acting upon such busi- ness as may propertly come before the meeting. Communication of A. L. Weitz, submitting two innovations for promotion for the City by having the Policemen and Firemen serve in both capacities as in other cities, that. a cooperative set-up be es- tablished between utility compan- ies whereby all meters be read by single meter reader resulting in one call per month presented and read. Councilman Meyers moved that the communication be receiv• ed and filed. Seconded by Council- man Pregler. Carried by the follow- ing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Robert E. Kemp et ux of 3542 Keymeer Drive praying for relief from the nuis- ance of periodic sewer back-up into their home presented and read. Communication of Carl F. Mc- Carthy submitting a history of sew- er back-ups on Keymeer Street since 1968 up to February of this year and requesting the Council to have the serious health hazard cor- rected now, presented and read. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Carl McCarthy of 3518 Keymeer addressed the Council in support of his petition. Mr. Hubert Wagner of 2023 Key Largo stated that the sewage is being pumped into a ditch in the area. Mrs. Robert Kemp and Ken Roeth objected to the repeated sewage back-up nuis- ance. Mr. Richard Hansel, subdi- vider of the area, stated that it is common practice to have drain tile running into the sanitary sewer lines. Councilman Pregler moved that the petitions be received and filed and the City Manager be au- thorized to proceed with design and relief for the area. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter. Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Low Rent Housing Commission submitting minutes of their meetings held on February 16th and 23rd, present- ed and read. Councilman Meyers moved that the minutes be receiv- ed and filed. Seconded by Council- man Pregler. Carried by the follow- ing vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Communication of John Bulkley and Jim Miller, Telegraph Herald reporters, objecting to alleged sec- recy of Planning & Zoning Com- mission meeting of February 23, 1971 with the Urban Renewal Di- rector, presented and read. Coun- cilman Meyers moved that the communication be received and fil- ed. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proposed Curfew Ordinance pre- viously submitted by Mr. Joe Para- diso, at the previous Council meet- ing of February 11 1971, resub- mitted for consideration. Council- man Meyers moved that the pro- posed Ordinance be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. 92 Regular Session, March 1, 1971 — Communication of Dubuque Ad- visory Commission recommending that a curfew is not necessary at this time; however, it can be re- examined at a later time, if neces. sary, due in some part that there is little factual material written on curfews, mainly because it is diffi- cult to study scientifically the extent and time factor of juven- ile crime, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carded by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Mr. William Woodward Chair. man of the Dubuque Advisory Commission reminded the Council of a vacancy on the Commission and he hoped that the Council would consider a young person for reappointment. As to the curfew a majority of the local police would like it. Mr. Joe Paradiso presented a minority report from the Commission meeting of January 26th. Mayor Couchman was of the opinion that youth is confus- ed enough without putting in a built-in tension factor. Councilman Moldenhauer moved that work sessions be established with the City Solicitor to pursue study of feasibility of having a curfew ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Councilman Bitter, Mol- denhauer, Pregler. Nays—Mayor Couchman, Coun- cilman Meyers. February 29, 1971 To the Honorable Mayor and City Council I hereby submit the report of O'Connor, Brooks & Co. of the fis. cal records of the Water Depart ment for the year 1970. Respectfully, Gilbert D. Chavenelle City Manages Councilman Meyers moved tha' the report be received and filed Seconded by Councilman Pregler Carried by the following vote: Yeas — Mayor Couchman, Coun cilmen Bitter, Meyers, Moldenhau er, Pregler. Nays—None. February 25, 1971 ro the Honorable Mayor and City Council This is to advise that I have ap- proved the following bond, and de - ;ire to have your approval on ;amc. PUBLIC OFFICIAL BOND Romolo N. Russo, Western Surety Company Respectfully, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the bond be received and filed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of List of Claims issued during the month of January 1971, presented and read. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. February 19, 1971 Hon. Mayor and City Coun A Mr. Robert Mueller of 295 Villa Street, this city, filed claim against the City of Dubuque, Iowa on De- cember 18, 1970 for damages al- legedly suffered to his motor ve- hicle on November 11, 1970 as the result of striking a protruding sec- tion of the curb at the corner of Grandview and Bryant Streets on the east side of Grandview, and this matter was referred to the City Attorney. I have conferred with the clai- mant and have made an investiga- tion of the matter and have found that the claimant scraped the side of his auto and damaged a tire and said claimant has made an of- fer of settlement of this matter in the amount of $60.00. It is the re- commendation of the City Attor- ney that said offer of settlement be accepted, and that the City Au- ditor be instructed to draw a war- rant payable to Robert Mueller in the amount of $60.00 and trans- mit same to the City Attorney for Regular Session, March 1, 1971 93 delivery upon receipt of duly exe- cuted release. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. February 19, 1971 Hon. Mayor and City Council On March 12, 1969, Mrs. Chris- tina Margaret Atchison of 673 E 15th Street, this city, filed claim against the City of Dubuque, Iowa in an undetermined amount for in- juries allegedly suffered on Feb- ruary 18, 1969 and claimant alleg- ing she cracked both kneecaps as the result of tripping on a raised edge of the sidewalk at or near 1438 White Street, Dubuque, Iowa and this matter was referred to the writer. I have made an investigation of this matter and have conferred with claimant and have reviewed the medical and hospital bills, and claimant has made an offer of set- tlement of this claim in the amount of $500.00, and it is the recom- mendation of the City Attorney that said offer of settlement be accepted and that the City Audi- tor be instructed to drew a warrant payable to Mrs. Christina Margaret Atchison in the amount of $500.00 and transmit the same to the City Attorney for delivery upon receipt of duly executed releases. Original claim is returned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Notice of Claim of Mrs. Flory Brinskelly, in the amount of $5000. for personal injuries received in a fall on an icy street on Bissell Lane on February 12, 1971, pre- sented and read. Councilman Me. yers moved that the notice of claim be referred to the City Solicitor for investigation and report. Se- conded by Councilman Bitter. Car- riel by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. February 19, 1971 lion. Mayor and City Council On February 17, 1971, Mrs. Flo- ry Brinskelly of 928 Central Ave- nue, Dubuque, Iowa, through her attorney, served notice of claim for personal injury in the amount of $5.000.00 and alleging in said no- tice that on February 12, 1971 she fell and fractured her pelvis as the result of slipping on an al- legedly long existing patch of ice at or near the westerly curb of Bissell Lane in Dubuque, Iowa. This matter was referred to the City Attorney who made an in- vestigation of same, and it is his recommendation that said claim be denied. Original claim is returned here- with. Your very truly, R. N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Se- conded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers. Molden- hauer, Pregler. Nays — None. Notice of Claim of Mrs. Doro- thy Olsen, in an undetermined amount, for personal injuries re- ceived in a fall on an icy side- walk on East llth Street on Ja- nuary 25, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Myers, Molden- hauer, Pregler. Nays — None. Notice of Claim of Lou Ann Gregory, in the amount of $15,000 for personal injuries received in a fall of the intersection of North Grandview and Hale Streets on 94 Regular Session, March 1, 1971 February 2, 1971, presented and read. Councilman Meyers moved that the notic, of claim be referred to the City Solicitur for investiga. tion and report. Seconded by Coun. cilman Bitter. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers. Molden hauer, Pregler. Nays — None. Notice of Suit in Municipal Court of Ann & Howard Connolly in the amount of $166.70 for pro- perty damage incurred as the re- sult of a fallen dead elm tree on July 21, 1970 at 1335 Dell Street, presented and read. Councilman Meyers moved that the notice of suit be referred to the City Solici- tor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilman Bitter, Meyers, Molden hauer, Pregler. Nays — None. Notice of claim of Marie Eliza. beth Donath of 1550 Fairfax Street, in the amount of $421.00 plus, for property damage incurred as the result of flooding of her home due to a broken water main on Janua- ry 24, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report.. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ceived in a fall on an icy area at the northeast corner of University & Glen Oak streets on January 30, 1971, presented and read. Coun. cilman Meyers moved that the no- tice of claim be referred to the City Solicitor for investigation an report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Notice of .Judgment of Merlin li. & Dorothy R. Bradley, in the amount of $30,000 for damages and loss of access to their proper- ty being the NW 4 of Sec. 35 Twp. 88 N. as the result of condemna- tion to acquire additional Airport land, presented and read. Council- man Meyers moved that the notice be referred to the City Solicitor for investigation and report. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen, Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Notice of claim of John A. Strei- nz, in the amount of $60. for car damage received as the result of striking a chuckhole in the street at 805 W. 32nd Street on February 20, 1971, presented and read. Coun- cilman Meyers moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Notice of claim of Mrs. Richard Kieffer, in an undetermined amuont, for personal injuries re- Notice of Claim of Donald F. Cul- len, in the amount of $33.38 for personal injuries received in a fall on an icy sidewalk at 2463 Cen- tral Avenue on January 8, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Soli- citor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Notice of Claim of Mrs. Ethel D. Gibbons, in an undetermined amount, for personal injuries re- ceived in a fall on an icy sidewalk on the east side of Washington Street, south of 24th Street on Feb- ruary 6, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden hauer, Pregler. Nays — None. Regular Session, March 1, 1971 95 Notice of Claim of Joseph F. Proof of Publication, certified to Miller, in the amount of $56.69 by the Publisher, of Notice of to for car damage incurred as the re- amend the Zoning Map and Zoning sult of striking chuckholes in the Ordinance No. 3.34 so as public street at 495 N. Grandview on hearing to classify the recently an - February 24, 1971, presented and nexed property as Multiple Resi- read. Councilman Meyers moved dence District Classification de. that the notice of claim be referr- scribed as follows: Lot 1 of 1 of 1 ed to the City Solicitor for investi- of 1 of 1 of 2 of M. L. 483; Lot 3 gation and report. Seconded by of 1 of 1 of 1 of 2 of M. L. 483; Councilman Bitter. Carried by the Lot 2 of 2 of 1 of 1 of 1 of M. L. following vote: 483; Lot 2 of 1 of 1 of 1 of 1 of M. Yeas — Mayor Couchman, Coun L. 438; Lot 1 of M. L. 484; Lot 1 cilmen Bitter, Meyers, Molden- of M. L. 485; Lot 1 of 1 of M. L. hauer, Pregler. 493; Lot 1 of M. L. 490; Lot 1 of Nays — None. 1 of M. L. 492; Lot 1 of 2 of 1 of Notice of Claim of Michael G. M. L. 496; all in Table Mound Twp., in the City of Dubuque, Iowa, con - Massey, In the amount of $160.70, taining 114.23 acres, presented and for car damage incurred as the re- read. sult of striking a hole in the street No written objections were filed at Wildwood Drive and 32nd Street and no oral objectors were pre - on February 23, 1971, presented sent in the Council Chamber at and read. Councilman Meyers the time set for the public bear - moved that the notice of claim be ing. Councilman Meyers moved that referred to the City Solicitor for the proof of publication be re - Investigation and report. Seconded ceived and filed. Seconded by by Councilman Bitter. Carried by Councilman Pregler. Carried by the the following vote: following vote: Yeas — Mayor Couchman, Coun- Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- cilmen Bitter, Meyers, Molden- hauer, Pregler. hauer, Pregler. hauer, Pregler. Nays Nays — None. ` Notice of Petition from District ORDINANCE NO. 3-71 f Court by Ecumenical Housing Inc. An Ordinance Zoning and Clas- in the amount of $54,033.00 alleg- ing negligence on the part of the sifying recently annexed territory City resulting in a fire on Novem- to the City of Dubuque, Iowa as a "Multiple Residence District ber 27, 1970 at 2651 Owen Court, presented and read. Councilman which real estate is hereinafter Meyers moved that the notice be described, (Tower Investment Co.) referred to the City Solicitor for said Ordinance having been pre - and read at the investigation and report. Second- ed by Councilman Bitter. Carried viously presented Council meeting of February 1, Adop- by the following vote: 1971, presented for Final Yeas — Mayor Couchman, Coun- tion. cilmen Bitter, Meyers, Molden- ORDINANCE No. 3.71 hauer, Pregler. AN ORDINANCE ZONING AND CLASSIFYING RECENTLY ANNEX - Nays — None. ED TERRITORY TO THE CITY OF DUBUQUE, IOWA AS A "MULTIPLE Notice of Judgment Of Fred E. REALDEFSTATEDIIS HIEREINAFTER & Katie Klett, in the amount of DESCRIBED. the real estate hereinafter $25,000, for damages to property whereas, described was recently annexed to, City of described as N% of SWY4 Sec. 35, and became a part of, the Iowa by resolution of the as the result of condemnation to Dubuque, city Council passed, adopted and 8P - at its meeting on October 12, Airport land acquire additional Ai , proved proved 1970 and which annexation was upon presented and read. Councilman namely Tower investment,pInconen Meyers moved that the notice be for Iowa corporation, and WHEREAS, the Planning and Zon- Du - referred to the Cit Solicitor y investigation and report. Seconded Ing Commission of the City of buque, Iowa has approved and rec- that sal d territory recent• by Councilman Bitter. Carried by ommended lv annexed and hereinafter described zoned and classified as a Mul- the following vote: t1 tlple Residence District." E TOR Yeas — Mayor Couchman, Coun- Molden- DAI W THEREFORBy THE BCITCOUNCIL OF DUBUQUE, cilmen Bitter, Meyers, OF THE CITY hauer, Pregler. Nays — None. IOWA: Section 1. That the following ds scribed real estate, to -wit: Regular Session, March 1, 1971 Lot 1 of Lot 1 of Lot 1 of Lot 1 the following vote: of Lot 1 of Lot 2 of Mineral Lot Lot Lot I of Lt I f4831 Yeas — Mayor Couchman, Coun• X83; o13 of 2 of Mineri <'llmen Bitter, Meyers, Molden- Lotof 2 of Lot 2 01 1 of Lot 1 Lotof Lot 1 of Mineral Lot 483; Lot 2 hauer, Pregler. of Lot 1of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 483; Lot 1 of Nays --None. Mineral Lot 484; Lot 1 of Miner- al Lot 485; Lot 1 of Lot 1 of Min- ORDINANCE NO. 471 eral Lot 493; Lot 1 of Mineral LotI of Lot 12fofMiiot 49f An Ordinance Zoning and Clas I o al 494 Lot 1 sifying Recently Annexed Terri - 1 of Mineral Lot all In Table Mound Township, in the City of tory to the City of Dubuque, Iowa, Dubuque, Iowa, containing 114.23 as a "Multiple Residence District" acres, bo and the same is hereby classified which teat estate is hereinafter and coned as a "Multiple Residence District." described (Waller, Byrne $ Table Section 2. That said territory be and the same Mound School), said Ordinance halt be In and become part of the having beeni) resented g previously p First Voting Precinct of Dubuque, Iowa. and read at the Council Meeting Passed, approved and adopted this of February 1, 1971, presented for 1st day of March, 1971. Gaylord M. Couchman Final Adoption. Mayor Walter A. Pregler ORDINANCE NO. 4-71 Wayne A. Moldenhauer Drnald R. Meyers AN OQDINANCE ZONING AND CLASSIFYING RECENTLY ANNEX. Joseph J. Bitter Councilmen ED TERRITORY TO THE CITY OF "MULTIPLE ATTEST: Leo F. Frommelt DUBtIQUE, IOWA AS A RESIDENCE DISTRICT" WHICH City Clerk REAL ESTATE IS HEREINAFTER Published officially In The Tele- graph -Herald Newspaper this 4th day DESCRIBFD. WHEREAS, the Planing and Zoning of March 1971. Commission of the City of Dubuque, Leo F. Frommelt Iowa has approved and recommend - 11. 314 City Clerk ed that said territory recently an. neved and hereinafter descr'bed be Councilman Pregler moved final zoned and classified as a "Multiple adoption of the Ordinance. See. Residence Dlstrlct". NOW THEREFORE BE IT OR- onded by Councilman Moldenhau DAINFD BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, er. Carried by the following vote: IOWA: Sectien 1. That the following de - Yeas — Mayor Couchman, Coun- scribed real estate, to -wit: cilmen Bitter, Meyers, Molden• of tlltoi oLoft 1 of oft AnnfleLLot hatter, Pregler. ler's Subdlvislrn No 2 In Sections Nays—None. 1 and 12, Township 88 North, Range 2 East of the Sth P M. Proof of Publication, certifier) Table Mound Township, City of Dubuque, Iowa to by the Publisher, of notice of Lot 2 of Subdly Edon of Lot 1 of Lot , of Lot 1 M Let 2 of Mineral public hearing to amend the Zrin- Tow„en"io 98'North, Range Section ine Ordinance and Zoning Map No. of the 5th P M. in Table Mound 3-34, so as to classify the r( Crntly Township, City of Dubuque, Iowa and annexed territory as Multiple Resi• Lot 2 of Subdivision of Mineral Lot 484, In the SWI -4 of Section 1, dente District Classification de- Tewnshlp 88 North, Range 2 East I P.M. Table Scribed as Lot 1 of 1 of I of 1 of of the th In Mound Township, Clty of Dubuque, Iowa. 1 of 1 of Annie Willer's Suhdivi- be and the same is hereby classlfled and zoned as a "Multiple Residence si^n No. 2 in Section 1 and 12, Dls be Twp. 88 North R. 2E of 5th P. M. Secfin 2. That said territory tio" and the same shall be In and be- Table Mound Twp. City of Du• come part of the First Voting Pre - clnct of Dubuque, Iowa. bunue, Iowa, and I.ot 2 of Subdi- Passed, approved and adopted this vision Of Lot 1 Of 1 Of 1 Of 2 of 1st day of March. 1971. M. L. 483 in SWI/4 of Section 1, Gaylord M. Couchman, Mayor Walter A. Pregler Twp. 88 N. R. 2E. of 5th P. M in Wayne A. M,,Idenhauer Donald R. Meyers Table Mound Twp, City Of nil• Joseph J. Bitter buque, Iowa, and Lot 2 Of Subdi- Councilmen ATTEST: Leo F. Frommelt vision of N,. L. 484, in SWI/4 See. CityClerk tion 1, Thvp. 84 N. R. 2E 5 P. M. Published in The Tele graph -Her ald Newspaper this 4th day Table Mound Twp, City Of Du. of March 1971. Leo F. Frommelt buque, Iowa, presented and read. 1t. 3/4 City Clerk No written objections were filer) Councilman Meyers moved final and no oral objectors were present adoptior, of the Ordinance. Sec - in the Council Chamber at the onded by Councilman Bitter. Car - time set, for the public hearing. ried by the following vote: Councilman Meyers moved that Yeas — Mayor Couchman, Coun- the proof of publication be re- cilmen Bitter, Meyers, Molden- ceived and filed. Seconded by hauer, Pregler. Councilman Pregler. Carried by Nays—None. Regular Session, March 1, 1971 97 Proof of Publication, certified to by the Publisher, of Notice of public hearing to amend the Zon- ing Map and Zoning Ordinance No. 3-34 so as to classify the recently annexed territory as a Single Fam- ily Residence District to -wit: That portion of Lot 2 of the Subdivision i of Lot 1 of 2 of 1 of resubdivision of part of Shipton Addn., Dubuque f County, Iowa which lies north of the County road described in Book of Lands book 48, pages 263 and 264, Lot 2 of Lot 3 of resubdivi- sionof part of Shipton Addn. Du- buque County, Iowa, Lot 2 of Lot 6 of the resubdivision of part of Shipton Addn. Dubuque County, Iowa and Lot 2 of 1 of 6 of resub- division of part of Shipton Addn. City of Dubuque, Iowa, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. OflDINANCE NO. 5.71 An Ordinance Zoning and Clas- sifying Recently annexed territory to the City of Dubuque, Iowa as a Single Family Residence District Classification which real estate is hereinafter described, (Mississippi Valley Milk Producers Ass'n) said Ordinance having been previously presented and read at the Coun- cil meeting of February 1, 1971, presented for final adoption. ORDINANCE No. 5-71 AN ggOFFRD[NANCE ZONING AND ED TEUNRVETO THE CITY OF DUBUpYE, IOWA AS A "SINGLE FAMILY RESIDENCE DISTRICT" CLASSIFICATION WHICH REAL ES- TATE IS HEREINAFTER DESCRIB- E D. WHEREAS, the real estate herein- after described was recently annexed to, and became a Part of, the City of Dubuque, Iowa by resolution of the City Council passed, adopted and ap- proved at Its meeting on November 16, 1970, and which annexation was upon voluntary P tltlon of the PL titloner, Mississippi Valley Milk Pro- ducers Association, WHEREAS, the Planning and Zon- Ing Commission of the City of Du- buque, Iowa has approved and ret - mended that said territory recent - annexed and hereinafter described e zpnsd and classified as a "SIN- GLE FAMILY RESIDENCE DIS- TRICT." 8AINEDTBYRTHEREITYE IT C UNCIL F THE CITY OF DUBUQUE, IOWA: Section 1. That the following de. scribed real estate, to -wit: That portion of Lot 2 f the Subdl- vision of Lot 1 of Lot 2 of Lot 1 of resubdivision of part of shin. be and the same Is hereby classified and zoned as a "Single Family Resi. dence District." Section 2. That said territory be and the same shall be In and become part of the First Voting Precinct of Dubuque, Iowa. Passed, approved and adopted this 1st day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Dcnald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Tele- graph -Herald Newspaper this 4th day of March 1971. Leo F. Frommelt It. 3/4 City Clerk Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to amend the Zoning Map and Zoning Ordinance of the City of Dubuque No. 3.34 by clas- sifying the following recently an- nexed territory as a Single Fam- ily Residence District; Lots 103, 104 and the Wly 7' of Lot 102 in "O'Neills River View" City of Du- buque, Iowa, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. 98 Regular Session, March 1, 1971 ORDINANCE NO. 6.71 An Ordinance Zoning and Clas- sifying recently annexed territory to the City of Dubuque, Iowa as a "Single Family Residence District" which real estate is hereafter de- scribed (phyllis Jones property) said Ordinance having been previ- ously presented and read at the Council meeting of February 1, 1971, presented for Final Adop- tion. ORDINANCE NO. 6.71 AN ORDINANCE ZONING AND CLASSIFYING RECENTLY ANNEX- ED TERRITORY TO THE CITY OF DUBUQUE, IOWA AS A ' SINGLE FAMILY RESIDENCE DISTRICT" INAFTER DESCRIBED. TATE IS HERE - WHEREAS, the real estate here- nexedr to, and became recently ppat oL lulootDubuque, tyUebsd iol. f heCiCouncil Pase adopted and approved at its meeting on January A. 1971, and which annexa - ion of the petallonernnamlis voluntary PhylltJones; and WHEREAS, the Planning and Zon- ing Commission of the City of Du- buque. Iowa has approved and rec- ommended that said wrritory recent- ly annexed and hereinafter describ- "Single be zoned ResidenceHeDistrict as , NOW THEREFORE BE IT OR- INTHB E TY COUNCIL OFECITYOFDUBUQUE IOWA: Section 1. That the following de• scribed realestate, to -wit: Lots 103, 104 and the Westerly 7 feet of Lot 102 in "O'Neill's River View", City of Dubuque, Iowa, according to plat thereof be and the same Is hereby classified and zoned as a "Single Family Resi- dence District" classification. Section 2. That said territory be and the same shall be in and become pari o1 the 14th Voting Precinct M Dubuque, Iowa. Passed, approved and adopted this 1st day of March, 1971. Gaylord M. Couchman, Mayor Walter A. Prevpler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Tele graph -Herald Newspaper this 4th day of March 1971. Leo F. Frommelt I1. 3/4 City Clerk Councilman Bitter moved final adoption of the Ordinance. Sec. onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice and Record of Hearing and Certificate to amend the Current Budget t increase expenditures in the Rec reation Fund from $515,770 t $5`20,994, presented and read Councilman Meyers moved that the proof of publication be re ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. Mrs. Edna Thompson presented petitions, containing 554 signa- tures, objecting to the raise in swiming pool rates or change the hourly schedule of both Flora and Municipal pools to subsidize the pool at Hempstead High School, presented and head. Councilman Bitter moved that the petitions be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays --None. Mr. Hank Waltz requested that the prices be kept at fifteen and thirty-five cents for summer swim- ming pool rates. Mr. Harold Sweet stated that they do not like to raise prices and before the pools are opened for the summer they would review the rates. Mr. Dick Slattery and Al I.undh reviewed the swimming pool program at great length. Communication of Dubuque Citizens Advisory Com- mission submitting a Synopsis of Pool Rates, Findings and Recom- mendations, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Council. man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Councilman Bitter moved that debate be closed. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays—None. ORDINANCE NO. 10-71 AN ORDINANCE AMENDING o THE BUDGET AS APPROVED BY ORDINANCE NO. 1.71, said Ordi- nance having been previously pre- sented and read at the Council meeting of February 15, 1971, pre- sented for Final Adoption. Regular Session, March 1, 1971 ORDINANCE No. 10.71 An Ordinance amending the budget as approved by Ordinance No. 1.71. Be it ordained by the City Council of the City of Dubuque, Iowa, That the Miscellaneous Revenue of the Recreation -General Fund is hereby Increased and the amount appropriated and allocated to the Recreation General Fund expense for payment M Swimming Pool expense, and to that end the appropriations and allocation of funds are hereby authorized to -wit: Miscellaneous Revenue, Recreation -General Fund Account Code No. Description Amount Increased 17-32-01 Swimming Pool Swimming Pool Registration ation 51 17-32-02 .349.00 Total Revenue $5,174.00 Swimming Pool Expense, Recreation -General Fund Account Code No. Description Amount Increased 17-2981.1101 Personnel Expense S3.998.00 17-2981.1208 Miscellaneous Supplies 250.00 17.2981-1306 Insurance 326.00 17.2981-1313 Rents and Leases 600.00 Total Expense $5.174.00 Passed, adopted and approved this 1st day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Counciimen ATTEST: Leo F. Frommel} CITY CLERK Published officially in The Telegraph -Herald Newspaper this 4th day of March 1971. Leo F. Frommalt City Clerk. 1 t. 3/4 Councilman Bitter moved final adoption of the Ordinance. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—Councilman Meyers. ORDINANCE No. 11-71 AN ORDINANCE AMENDING OR- DINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBU- QUE, IOWA" AS AMENDED BY ENACTING A NEW SUBSECTION 107 OF SCHEDULE VI THEREOF TO PROHIBIT THE PARKING OF MOTOR VEHICLES ON THE SOUTH SIDE OF EDISON STREET FROM STAFFORD AVENUE TO ALTHAUSER AVENUE, presented and read. Councilman Meyers moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman 99 Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Myers, Molden- hauer, Preglar. Nays — None. R THER CITY COUNCIIL CITY OF DUBUQUE, IVWH Section 1. That Ordinance No. 33.19 known as the "Traffic Code of Du- bunue, Iowa" as amended, be and the same Is hreby enact - Ing a new subsection e107dto by SVI CHEDULEa Vlollows: 107. On le Street from mStaffordside f Edison Avenue to Althauser Street. Po Passed, ed, approved , and adopted this Gaylord M. Couchman, Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R Bitter Joseph Councilmen ATTEST: Leo F.k mmelt citPublished officially in The Tele - of aMarchra197 Newspaper this 4th day 1. Leo F. Frommelt It. 3/4 City Clerk Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden hauer, Pregler. Nays — None. 100 Regular Session, March 1, 1971 February 25, 1971 Hon. Mayor and Council Members The City Planning and Zoning Commision has held a public hearing on a proposal to amend the zoning ordinance to permit mo- bile home parks in the Multiple Residence District. The proposal establishes two (2) conditions that must be met: 1. The site shall contain a mini- mum of ten (10) acres of conti- nuous property; 2. The plan shall meet the re- quirements of the Mobile Home Park Development Policy. The requirement of ten (10) ac- res as a minimum established to encourage a development of mo- bile home parks with at least fifty (50) units so that community facili- ties, for the occupants and manage- ment of the park, will be economi- cally feasible. The Commission has adopted, as policy, a set of devc'-opment stan- dards for mobile home parks. It is the intent that this policy will be- come a part of an ordinance for mobile home parks which the Com- mission is developing, however, by using it as policy, initially, the Commission can develop some ex- perience in working with the pro- visions before it is presented in ordinance form. The Commission is submitting the proposed ordinance permitting mobile home parks in the Multiple Residence District at this time to accommodate the development of the area recently annexed to the City and located in Table Mound Township. It is the intent that the development that would be permit- ted by this proposal would be in conformance with the proposed zo- ning ordinance which the Commis- sion and Council have under con• sideration at the present time. It is the recommendation of the Com- mission that the Council adopt the amendment to the ordinance and also adopt tke Development Stan- dards as policy. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved ap• proval of the recommendation and referred for proper proceedings. Seconded by Councilman Bitter.. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen, Bitter, Meyers, Molden- hauer, Pregler. Nays -- None. ORDINANCE NO. 12.71 AN ORDINANCE AMENDING ORDINANCE NO. 3-34 KNOWN AS THE "ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA" BY ENACTING A SUBSECTION (m) TO SECTION 2 OF ARTI- CLE IV, TO PERMIT MOBILE HOME PARKS UNDER CER- TAIN SPECIFIED CONDITIONS, Presented and read. Councilman Bitter moved that the reading just had be consid- ered the first reading of the Ordi- nance. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couchman. Carried by the fol- lowing vote: Y.:as — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Bitter moved that a public hearing be held on the Or- dinance on April 5, 1971 at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the: manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of D.U.V. Mary Agard Tent #35 requesting permission to conduct tag days on September 17th and 18th, presented and read. Councilman Pregler moved approv- al of the petition and that same be referred to the Manager.Sec- onded by Councilman Bitter. Car rigid by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Regular Session, Petition of Muscular Dystrophy I March 1, 1971 101 is the Commission's recommenda- Associations of American request- tion that. the right-of-way be va- t ing permission to conduct a "sham- cated and that the property be rocks for Dystrophy" tag day on made available for private use March 17th, presented and read. subject to any necessary utility Councilman Meyers moved approv- easements. al of the petition and referred Respectfully submitted, same to the Manager for implemen- CITY PLANNING AND tation. Seconded by Mayor Couch- ZONING COMMISSION man. Carried by the following vote: Don Gilson Yeas—Mayor Couchman, Coun- City Planner cilmen Bitter. Meyers, Moldenhau- er, Pregler. Councilman Moldenhauer moved Nays—None. that the recommendation be re - Petition of Dubuque Symphony ceived and filed. Seconded by Councilman Pregler. Carried by Orchestra Auxiliary requesting the the following vote: Council to proclaim the ticket sub- Peas —Mayor Couchman, Coun- scription period of March 4th to cilmen Bitter, Meyers, Molden- 25th as "Dubuque Symphony Or- hauer, Pregler. chestra Time", presented and read. Nays—None. Councilman Meyers moved that the petition be referred to the Mayor. Petition of the Salvation Army Seconded by Councilman Bitter. of Dubuque requesting designation Carried by the following vote: of month of March as "Salvation Yeas—Mayor Couchman, Coun- Army Month in Dubuque", pre- cilmen Bitter, Meyers, Moldenhau- sented and read. Mayor Couchman er, Pregler. granted request and designated Nays—None. March as Salvation Army Month in Petition of The Finley Hospital Dubuque. Seconded by Councilman requesting partial vacation and Moldenhauer. Carried by the fol - sale of an alley 20' wide 284'-9" lowing vote: Yeas — Mayor Couchman, Coun- long adjoining certain lots in Fin- cilmen Bitter, Meyers, Molden- ley Home Addition, having th^ hauer, Pregler. ' approval of the abutting property Nays — None. owners, presented and read. Coun- cilman Moldenhauer moved that petition of Dubuque County the petition be referred to the March of Dimes requesting per - Manager. Seconded by Councilman mission to conduct a "Walk.a. Pregler. Carried by the following Thon" on April 24, 1971, presented vote: and read. Mayor Couchman moved Yeas—Mayor Couchman, Coun- that the petition be referred to the cilmen Bitter, Meyers, Moldenhau- Manager. Seconded by Councilman er, Pregler. Bitter. Carried by the following Nays—None. vote: February 25. 1971 Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Molden. Honorable Mayor and hauer, Pregler. Council Members Nays — None. The City Planning and Zoning Commission has reviewed a pro. Petition of L. G. Schaffert re- posal to vacate an alley lying north questing a refund of $25. on the of Lots 26 through 31 in "Finley unexpired portion of cigarette li- he has discontin- Home Addition." The Commission has found that cense No. 40, as ued business on 2-20.71, present - all abutting property owners have ed and read. Councilman Meyers that the refund he granted joined in the petition, that the al- to moved the Auditor instructed to is - ley is not being used for access abutting properties or for through and sue proner warrant. Seconded by traffic, and that there are no mu. Mayor Couchman. Carried by the nicipal utilities located within the following vote: Mayor Couchman, Coun- right-of-way. The Commission can see no Yeas — cilmen Bitter, Meyers, Molden- present or future public need for hauer, Pregler. the right-of-way or land area. It Nays — None. 102 Regular Session, March 1, 1971 Petition of L. G. Schaffert re- If questing a refund of $150. on the 1 unexpired portion of beer license ' No. 110, as he has discontinued business on 2-20-71, presented and read. Councilman Meyers moved that the refund be granted and the Auditor instructed to issue Mayo warrant. Seconded by r Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Carl Hirsch request- ing a refund of $150. on the un- expired portion of Class B Beer license No. 2, as he has discontin- ued business on 2-22-71, presented and read. Councilman Meyers moved that the petition be granted and the Auditor instructed to is- sue proper warrant. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 62-71 A Resolution approving the City of Dubuque, Iowa, 1970 Street Finance Report. WHEREAS, a distribution of ex- penditures and receipts of the City of Dubuque for MT-TMCIPAT, STREET AND PARKING" for the fiscal year from January 1, 1970. to December 31, 1970. has been duly prepared in accordance with Chapter 312 of the 1966 Code of Iowa, as amended. and submitted to the City Council for approval: and WHEREAS, this Council has ex- amined the distribution of receipts and expenditures of the City of Dubuque, Iowa, for Municipal Streets and Parking, wherein the receipts and expenditures for the fiscal year are shown. NOW THEREFORE BE IT RF; SOLVED BY THE CITY COITNCIT OF THE CITY OF DUBUQUE IOWA: That the distribution of receipt! and expenditures designated "Of ficial Report of Municipality fu Municipal Streets and Parking' for the year 1970 known as th Street Finance Report, as heretc ore prepared, be and the same is iereby approved. Passed, adopted and approved his 1st day of March 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adopt- ion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of Invitation for bids, Demolition Contract No. 1- 71, for demolition of buildings and structures and Site Clearance for the Downtown Urban Renewal Pro- ject, Iowa R-15, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. February 26, 1971 Honorable Mayor and Members of City Council Pursuant to your instructions sealed bids were received February 19, for Demolition Contract No. 1-71. The lowest bid submitted by H. & R. Wrecking Company of Greeley, Iowa, is 55.2% below the estimate. A tabulation of the bids received and the estimate for the work to be done is attached here. to. It is recommended that Demoli- tion Contract No. 1-71 be awarded to the lowest bidder. Yours very truly, Gilbert 1). Chavenelle City Manager Regular Session, March 1, 1971 103 Councilman Moldenhauer moved approval of the recommendation. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 63-71 AUTHORIZING THE EXECUTION OF DEMOLITION CONTRACT NO. 1-71 FOR THE DOWNTOWN UR- BAN RENEWAL PROJECT, IOWA R-15 WHEREAS, under date of Feb. ruary 1, 1971, the City Council of the City of Dubuque authorized receiving of proposals for the de- molition and site clearance of cer- tain parcels of real estate in the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, an Invitation for Bids for the said work was pub- lished on February 2, 1971, and February 9, 1971 in the Telegraph - Herald, a newspaper of general circulation in Dubuque, Iowa; and WHEREAS, an Invitation for Bids was mailed on February 2, 1971 to various contractors; and WHEREAS, five sealed proposals were received, opened and read aloud by the City Clerk in Council Chambers at 10:00 A.M., February 19, 1971; and WHEREAS, it has been deter- mined that the awarding of De- molition Contract No. 1-71 to the lowest bidder is in the best inter- ests of the City of Dubuque in undertaking the Downtown Urban Renewal Project, Iowa R-15; now therefore BE IT RESOLVED by the Coun- cil of the City of Dubuque, Iowa: Section 1. That Demolition Con tract No. 1.71 for Demolition and Site Clearance of certain parcels of real estate in the Downtown Ur- ban Renewal Project, Iowa R-15, be awarded to the lowest bidder, H. & R. Wrecking Company of Greeley, Iowa, at a cost not to ex. ceed $32,000.00. Section 2. That the City Manager be and he is hereby authorized and directed to execute the afore- mentioned contract on behalf of the City of Dubuque for the com- plete performance of the work. Passed, approved and adopted this 1st day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petitions of Walter T. & Geneva M. Block requesting annexation of N. 70' of Lot 170 and N. 70' of Lot 169 of Belmont Addn. in Julien Township; Anthony L. Besler re- questing annexation of Lot 1 of George Nigg Subdivision; Mrs. Al- fred W. Rehfeldt requesting an- nexation of W. 13' of Lot 7, Lots 8. 9 and 10 Fischer's Subdivision; Eleanor Bowden requesting annex- ation of Lot 2 of Bowden Place, presented and read. Councilman Meyers moved approval of the pe- titions. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. February 25, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a pro- posal to voluntarily annex prop- erty lying north of Davis Avenue. The Commission has found that the property is contiguous to the present corporate limits and that municipal services can be provided to the area. The General Development Plan for the City of Dubuque proposes that this area be annexed to the City as a part of the overall an- nexation program. It is the recommendation of the Commission that the Council ac- cept the proposed voluntary an- nexation. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner 104 Regular Session, March 1, 1971 Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION A'INEXING CERTAIN TERRITORY NO. 6471 WHEREAS, th8 owners of an area approximately 3.2 Acres in size immodiatety adjoining the northerly city limits of the City of Dubuque, Iowa now voluntarily petition the City Council for an- nexation of their property to the City of Dubuque, Iowa. WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city govern- ment in the way of police and fire protection if said territory is in- corporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to sceure water, and other municipal services if territory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Scotian 362.30 code of Iowa, 1962, authorizes the exten- sion of city limits in situations of this character by the adnntion of a resolution therefore; and WHEREAS, the future growth. development, and preservation of the public health of the City of Dubuque, Iowa, makes it impera- tive that said territory he made a par` of the City of Dubuque, Iowa; and NOW, therefore, be it resolved by the City Council of the Citv of Dubuque, Iowa, that the territorial limits of the City of Dubuque, Iowa be and they are hereby ex- tended to include the area com- prising the following described real estate: N.70' of Lot 170 of Belmont Addition. N 70' of Lot 169 of Belmont Addition, Lot I of Genre,e Niev's Subdivision, W. 13' of Lot 7 of Fischers Subdivision, Lot R of Fischers Subdivision. Lot 9 of Fischers Suhdivision. Lot l0 of Fischers Subdivision, and Lot 2 of Bowden Place: all in J,tlien Township, Dubuque County, Iowa according to the recorded plat thereof: The property to be annexed is as shown on the plat marked Ex- hibit "A" attached hereto, and by this reference made apart hereof, the boundaries of said area being outlined in red thereon. The territory hereby annexed shall become and be part of the Fourteenth Voting Precinct of the City of Dubuque, Iowa. Passed, adopted, and approved this 1st day of March. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 65-71 BE IT RESOLVED by the City Council o` the Citv of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga• rettes within the City of Dubuque, Iowa, be granted a permit to sell Ciearettes and Cigarette Papers within said City. Carl Hirsch. 532 Fast 22nd Street, (Transfer from 600 Central Ave.) J. F. Thompson, 2119 Rhomberg Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 1st day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald it. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded Regular Session, March 1, 1971 105 by Councilman Bitter. Carried by the following vole: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 66-71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Kenneth Jerome Love, 802 Central Avenue Mrs. Adele Fens, 210 West 1st Street Bridge Restaurant & Lounge, Inc., 31-35 Locust Street D. B. Q., Inc., 4th & Locust Street Dennis A. Althaus, 1575 Central Avenue Donald M. Love, 600 Central Ave. Lawrence Schwartz, 500 Rhombcrg Avenue Florance Theodore Deutsch, 45 West 13th Street Fischer & Company, Inc., 880 Lo- cust Street The Apartments, Ltd., 555 Kenne- dy Mall CLASS "C" BEER PERMIT Earl Schumacher, 22nd & Central Avenue Earl Schumacher, 2850 Burlington Street Lucky Stores, Inc. #204, 3049 As- bury Street Lucky Stores, Inc. #130, 1800 Elm Street Lucky Stores, Inc. #144, 3033 As- bury Street J. F. Thompson, 2119 Rhomberg Avenue Passed, adopted and approved this 1st day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Nor Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays --None. RESOLUTION NO. 67.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Kenneth Jerome Love, 802 Central Avenue Mrs. Adele Fens, 210 West 1st Street Bridge Restaurant & Lounge, Inc., 31.35 Locust Street I). B. Q., Inc., 4th & Locust Street Denn', A. Althaus, 1575 Central Avenue Donald M. Love, 600 Central Ave- nue Lawrence Schwartz, 500 Rhomberg Avenue Florance Theodore Deutsche, 45 West 13th Street Fischer & Company, Inc., 880 Lo- cust Street The Apartments, Ltd., 555 Kenne- dy Mall CLASS "C" BEER PERMIT Earl Schumacher, 22nd & Central Avenue Earl Schumacher, 2850 Burlington Street Lucky Stores, Inc. #204, 3049 As- bury Street Lucky Stores, Inc. #130, 1800 Elm Street Lucky Stores, Inc. #144, 3033 As- bury Street J. F. Thompson, 2119 Rhomberg Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Regular Session, March 1, 1971 Passed, adopted and approved this 1st day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop. tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays --None. RESOLUTION NO., 68-71 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT—CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Donald M. love, 600 Central Ave- nue (Transfer from 150 West 6th Street effective March 29, 1971) Fraternal Order of Eagles 1568, 1175 Century Drive The Apartments, Ltd., 555 Kenne- dy Mall Passed, adopted and approved this 1st day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. RESOLUTION NO. 69.71 WHEREAS, applications for Liq- uor Permits have been filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLAS "C" COMMERCIAL ESTABLISHMENT Donald M. Love, 600 Central Ave- nue (Transfer from 250 West 6th Street effective March 29, 1971) Fraternal Order of Eagles -1568, 175 Century Drive The Apartments, Ltd., 555 Ken- nedy Mall Passed, adopted and approved this 1st day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop. tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Mayor Couchman moved that the City Manager he granted au- thority to sign a Contract for En- gineering Services for and in con- sideration of mutual covenants be- tween the City of Dubuque and Bartels, McMahan, LeMay, Haas and Baule Engineering Company for extensions to the present City interceptor sewer, south of the City. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Regular Session, March 1, 1971 107 There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Pregier. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Leo F. Frommelt City Clerk Approved June 7, 1971 Adopted June 7, 1971 108 Special Session, March 8, 1971 CITY COUNCIL OFFICIAL Special Session, March 8, 1471. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Couchman, Councilmen Bitter, Meyers, Mol- denhauer, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is called to consider sup- plemental budget amendments and discussion of Phase II of the Main Street Pedestrianway, and acting upon such other business as may properly come before a regular meeting of the City Coun- cil. Communication of Charles Schneider of 2196% White Street, objecting to conditions of streets, icy sidewalks, traffic sign in front of his place, piling of snow against the curb during plowing opera- tions, and a host of other items, presented and read. Councilman Bitter moved that the communi- cation be received and filed and that the City Manager and Clerk visit Mr. Schneider. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Kenneth W. Ring objecting to the lack of en- forcement of the present zoning laws, as it now stands anyone so desiring may start any type of business in their homes, causing depreciation of residential prop- erty, presented and read. Council- man Pregler moved that the com- munication be received and filed and referred to the Manager. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. March 4, 1971 To the Honorable Mayor and City Council I herewith submit the reports of the Water Superintendent, City Auditor and Health Department for the month of January 1971; as well as a list of claims paid. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. March 4, 1971 Hon. Mayor and City Council On July 3, 1969, notice of claim against the City of Dubuque, Iowa was filed on behalf of Mrs. Regina Susan Ahern, of 475 West Third Street, this city, and alleging there- in that said Mrs. Ahern had sus- tained personal injuries on June 9, 1969 on a city sidewalk in front of the premises at 315 Bluff Street and that said personal injuries in- cluded injury to her right elbow and right knee but that her full medical condition was not then known, and this matter was re- ferred to the writer. 1 have made an investigation of this matter and have reviewed the medical bills and doctor's report and claimant through her attorney has made an offer of settlement of this claim in the amount of 5500.00, and it is the recommenda- tion of the City Attorney that said offer of settlement be accepted and that the City Auditor be in- structed to draw a warrant pay- able to Mrs. Regina Susan Ahern and transmit the same to the City Attorney for delivery upon re- ceipt of duly executed releases. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Notice of claim of All Points Ca- ble Inc., in the amount of $5,292.20 for material furnished the United Electric Co. in the construction of the Sewage Treatment Plant, pre- Special Session, March 8, 1.971 109 sented and read. Councilman Mol- denhauer moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of claim of Fred Neyens, in the amount of $67.82, for car damage incurred as the result of striking a chuckhole in the street at 3235 Kaufmann Ave. on Febru- ary 28, 1971, presented and read. Councilman Moldenhauer moved that the notice of claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of claim of Mrs. Agnese L. Jaeger, in the amount of $795.34, for personal injuries re- ceived in a fall in the street, due to icy conditions, at the corner of 10th & Iowa on January 15, 1971, presented and read. Councilman Moldenhauer moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice: of claim of Gerald Your - ell, in an unnamed amount, for car damage incurred as the result of striking chuckholes in the street, on 32nd Street between Wildwood Drive and Central Ave. on February 20, 1971, presented and read. Councilman Moldenhau- er moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays --None. Notice of Claim of Kenneth M. Roeth of 2020 Key Largo Drive, in the amount of $442.49 for proper- ty damage incurred as the result of water drain and sewer back-up during various storms since July 1969, presented and read. Coun- cilman Moldenhauer moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Steven P. Schultz re- questing permission to paint house numbers on curbs, remuneration to be considered a donation to help finance education for a group of students, presented and read. Councilmen Moldenhauer moved that the petition be referred to the City Manager for implementa- tion. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays --None. Petition of Dubuque Insulation and Siding Co. Inc. requesting per- mission to install a canopy over the sidewalk at 2498 Central Ave. at Del's TV Service, 21'x9' projec- tion, presented and read. Council- man Pregler moved that the peti- tion be referred to the Manager and staff for investigation and recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of V.F.W. requesting permission to conduct a poppy sale on May 21st and 22nd, 1971, pre- sented and read. Mayor Couchman moved that the petition be granted and referred to the Manager. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Louis Buechel, re- questing permission to excavate in the streets and alleys of the City, presented and read. Councilman Pregler moved that the petition be 1.10 Special Session, March 8, 1971 granted. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of A-1 Plumbing, Cool- ing and Heating Co. requesting permission to excavate in the street at 1905 Asbury, due to blockage of a sewer, presented and read. Councilman Pregler moved that the petition be approved sub- ject to approval of the Engineer- ing Department. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Vincent Conrad re- questing a refund of $25.00 on the unexpired portion of cigarette li- cense No. 178, as he has discon- tinued business on February 23, 1971, presented and read. Council- man Meyers moved that the peti- tion be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Communication of Board of Dock Comissioners submitting a resolu- tion adopted at their meeting of March 4, 1971, being in agreement with the basic philosophy of the proposed Upper Mississippi River National Recreation Area Plan, presented and read. Councilman Pregler moved that the communi- cation lie on table until the next meeting of the Council. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Dock Board Resolution No. 3.4- 71 agreeing with the proposed Up- per Mississippi River National Rec- reation Area Plan and requesting the Council for favorable action and the adoption of a concurrent resolution, presented and read. Councilman Pregler moved that the resolution lie on table until the next. meeting of the Council. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. RESOLUTION NO. 70-71 Declaring to be in agreement with the basic philosophy in the proposed establishment of the Up- per Mississippi River ational Recre- ation Area and directing that a copy of the resolution be presented to the Water Resources Association, presented and read. Councilman Pregler moved that the resolution lie on table until the next meeting of the Council. Seconded by Coun. cilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter. Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Department of Urban Renewal advising of the presentation of the design plan for Phase II of the Main Street Pedestrianway, Town Clock Plaza, and submitting a proposed pedes- trianway schedule, presented and read. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Mr. Charles Mosher, senior de- sign consultant of the: Chicago firm of Barton-Aschman & Associates, stated that phase H would cost about $503,000 to extend from Seventh to Fifth Street and along Sixth Street east and west of Main to the alleys. The final phase would include a pavilion at Sixth and Main similar to the one on Eighth Street and a large sunken area at Fifth and Main to be called the "Placed' Histoire" which would include sculptured forms with information about the City's history and landmarks. Mr. James Bates consulting engineer of the Special Session, March 8, 1971 111 Chicago firm, in response to a pos- sible wait a year period, stated that in his opinion that by going ' ahead with the project now would be of more help in attracting ma- jor developers than all the prom. ises in the world once they are in. Robert Justmann posed the ques- tion why all the Terrazzo, more sod is wanted. Mr. Joe Paradiso, filled with mixed emotions in the beeinning of the Downtown Ur. ban Renewal indicated a chanee of heart for the eventual completion and great benefit to the City. Mayor Couchman moved to con- cur with the proposed Pedestrian - way Schedule for Phase II as pre- sented by the Department of Ur- ban Renewal. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Pregler. Nays—Councilman Moldenhauer. March 5, 1971 To the Honorable Mayor and City Council I have investigated the balances of the several funds and accounts, calculated the salary and wage ex- pense for 1971, determined the cost of programs and materials ' budgeted in 1970 which must be carried into 1971, and have costed several items which require addi- tional financing such as "twice per week refuse collection." I have requested that ordinances and resolutions be drawn cover. ing all these transactions. In order that you may be aware of the financial detail involved, I submit the following: Table 1. Requested Supplemental Appropriations to 1971 Budget for salary and wage adjust- ments. Table H. Requested Supplemen- tal Appropriation to 1971 Bud- get Incomplete Commitments Budgeted in 1970. Table III. Summary, Requested Supplementary Appropriation. ! The tables indicate the intent and purpose of the proposed ordi- nance and resolution. On the last page of Table III, I have indicated the fund transfers required to fi- nance the requested supplemental appropriations. The information is stated in terms of funds and the 1970 bud. get accounts; however, it is in- tended to adjust the 1971 budget by converting the information into the appropriate programs, subpro- grams and activities. The ordinance for increasing the budget appropriations must be set down for public hearing. The res- olution requesting fund transfers may be passed at the Council meeting at which they are pre- sented. I recommend to you the pro- posed ordinance and resolution. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed, and the recommenda- tion approved. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION AND APPLICATION FOR APPROVAL OF THE PERMANENT TRANSFER OF FUNDS RESOLUTION No. 71.71 WHEREAS, there is now in the hands of the treasurer the sum of $20,870.00, credited to the GENU RAL fund, and WHEREAS, it is desired to trans- fer $20,870.00 from the GENERAL Fund to the Following Funds for the following reasons: MUNICIPAL ENTERPRISE LI- BRARY FUND $2,878.00 to provide for additional wage increases; RECREATION PARS F U N D $8,851.00 to provide for additional wage increases and for damage costs resulting from the 1969 Sum- mer Rains; DEBT SERVICE FUND $9.341.00 to provide for 1970 Tax Collection Deficiency in the Debt Service Fund. and WHEREAS, said transfer is to be permanent in accordance with Section 24.22, Code of Iowa; and WHEREAS, there is sufficient money in the GENERAL fund to meet all demands thereon, and WHEREAS, all laws relating to municipalities have been complied with, NOW THEREFORE, be it re- solved by the City Council of Du- 112 Special Session, Mareb 8, 1971 buque of Dubuque County, Iowa, subject to the approval of the State Comptroller, that said sum of $20,870.00 be, and the same is hereby transferred from the GE- NERAL fund to the Municipal En- terprise Library, Recreation Park, Debt Service funds and the AUDI- TOR is directed to correct his books accordingly and to notify the treasurer of this transfer, ac- companying the notification with a copy of this resolution and the record of its adoption. The vote thereon was as follows: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Gaylord M. Couchman (Presiding officer) Leo F. Frommelt (Secretarial officer) I hereby certify the above to be a true and correct copy of resolu- tion passed by the City Council on the 8th day of March. A.D. 1971. Leo F. Frommelt (Secretarial cfficer) APPROVAL The above application and reso- lution having been filed with the State Comptroller, the $11,529.00 transfer requested is approved this 15 day of March, 1971. Maurice E. Baringer State Comptroller Chairman State Appeal Board By Francis R. Larew Application for approval of trans- fer of Debt Service Fund $9,341.00 to provide for 1970 Tax Collectior- Deficiency in the Debt Service Fund was denied by the State Comptroller. Councilman Pregler moved adop- tion of the resolution in original form. Seconded by Councilman Me. yers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — ?lone. ORDINANCE No. 13.71 AN 11RDINANCE AMENDING THE BUDGET AS APPROVED BY ORnINANCE No. 1.71 AND ORDINANCI" No, 10-71. presented and read. Councilman Bitter moved that the reading just had be consider. ed the first reading of the Ordi- nance. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couchman. Carried by the follow. ing vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden hauer, Pregler. Nays — None. Councilman Bitter moved that a public hearing be held on the Or- dinance on April 5, 1971, at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitters, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 72.71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigaret- tes within the City of Dubuque, Iowa, be granted a perp -A to sell Cigarettes and Cigarette Papers within said City. Betty Patrum, 555 Kennedy Mall. BE IT FURTHER RESOLVED that the bonds riled with the app- lication be approved. Passed, adopted and approved this 8th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen P` ttest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Special Session, March 8, 1971 113 RESOLUTION NO. 73.71 WHEREAS, applications for Beer Permits ' have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Aristo Food of Iowa, Inc., 1111 Dodge Street Leonette McLaughlin, 2222 Central Avenue CLASS "C" BEER PERMIT William J. B. White, 1993 Asbury Street Passed, adopted and approved this 8th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 7471 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named ap- plicants a Beer Permit. CLASS "B" BEER PERMIT Aristo Foods of Iowa, 1111 Dodge Street Leonette McLaughlin, 2222 Central Avenue CLASS "C" BEER PERMIT William J. B. White, 1993 Asbury Street BE IT FURTHER RESOLVED that the bonds filed by such ap. plicants be and the same are here- by approved. Passed, adopted and approved this 8th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop. tion of the resolution. Seconded by Councilman Prgeler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 73.71 WHEREAS, applications for Beer Permits have been submitted to this council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be Issued upon the compliance with the terms of the ordinances of the City. CLASS "C" BEER PERMIT Phillip T. Langas, 1105 Loras Blvd. Passed, adopted and approved this 8th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun• cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. 114 Special Session, March 8, 1971 RESOLUTION No. 76.71 WHEREAS, applications for Beer Permits here filed by the within named applicants and they have received the approval of this Coun. cil; and WHEREAS, 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 bonds:_ NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Phillip T. Langas, 1105 Loras Blvd. BE IT FURTHER RESOLVED that the bond filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 8th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Leo F. Frommelt City Clerk Approved June ........ 7 ......... 197, Councilmen .................................... ............ City Clerk Special Session, March 15, 1971 115 CITY COUNCIL OFFICIAL Special Session, March 15, 1971. Council met at 7:30 P.M. (C.S.T.) Present ---Mayor Couchrian, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is called for the purpose OF CON- DUCTING PUBLIC HEARINGS ON THE REZONING OF VARIOUS PROPERTIES and acting upon such other business as may properly come before a regular meeting of the Council. Mayor Couchman announced with great pride that Captain Thomas R. Rettenmeier of the Police Department was awarded the Chamber of Commerce Dis- tinguished Service Award, for out- standing community service. Communication of Verlan Klein- schrodt posing some questions rela- tive to the proposed curfew law. presented and read. Councilman Bitter moved that the communica- tion be received and filed. Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Donna Sheean presenting her views on a curfew and wondering how effective a curfew would be, presented and read. Councilman Bitter moved that the communication be receiv- ed and filed. Seconded by Council- man Meyers. Carried by the follow- ing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. March 9, 1971 To the Honorable Mayor and City Council I herewith submit the report of the City Treasurer for the month of January 1971. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the report be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. March 8, 1971 To the IIonorable Mayor and City Council A request has been received for the improvement of the street lighting on Alta Vista between Uni- versity and Rose Streets. It is recommended that a 175 watt mercury vapor light be placed on Alta Vista about 100 feet north. erly from University Avenue. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved ap- proval of the recommendation. See. onded by Councilman Meyers. Car. ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. March 12, 1971 Honorable Mayor and Members of the City Council Gentlemen: This is to advise that I have ap- proved the following Sidewalk bond continuation certificates and desire to have your approval on same. Conlon Construction Co., Bond No. 92-963721 Maryland Casualty Co. Cyril Hanten, Bond No. LP 196, Midwestern Casualty & Surety Company Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Bitter moved filing approval subject to approval of the City Attorney. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. March 11, 1971 Ilon. Mayor and City Council On January 25, 1971, Mrs. A. R. (Harriet) Olson of Waukee, Iowa filed claim against the City of Du. buque, Iowa claiming therein that 116 Special Session, March 15, 1971 she suffered personal injuries, said injuries consisting of broken wrist and bruised shoulder, and further she damaged her hose and shoes, on September 7, 1970 while walking down stone steps leading from the parking lot to the New Log Cabin, and said claim stated no specific amount of damages. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported to this office by letter on March 10, 1971 of no liability on the part of the City of Dubuque, and in view of the foregoing it is the recommendation of the City Attorney that the claim of Mrs. A. R. (Harriet) Olson be denied. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of possible claim of Unit- ed Fire & Casualty Co. and United Life Insurance Co. for contribution of unknown amount of damages to Ethel Gibbons of 2464 Pennsyl- vania Ave. as the result of a fall on an icy sidewalk on February 6, 1971 at Don Sands Tap, presented and read. Councilman Meyers moved that the notice be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays --None. Notice of Suit of Ecumenical Housine; Inc. in the amount of $54,033.00 as the result of a fire on November 27, 1970 in their apartment building at 2651 Owen Court, claiming negligence on the part of the City as to inspection and method of installing of gas and electrical equipment, present- ed and read. Councilman Meyers moved that the notice of Suit be referred to the City Attorney for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau. re, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to amend the Zon. ing Map and Zoning Ordinance No. 3-34 so as to change l.ot 2 of McDaniel's Park Hill Subdivision in the City of Dubuque, Iowa, from Single Family Residence District Classification to Multiple Resi. dence District Classification, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers mored that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 8.71 An Ordinance Amending and Changing Ordinance No. 3.34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change certain property hereinafter de- scribed from "Single Family Residence District' Classification to "Multiple Residence District" Classification, said Ordinance having been previously present- ed and read at the Council Meet- ing of February 15, 1971, pre- sented for Final Adoption, (Frei - burger property on Cdvanport Street). ORDINANCE NO. 8.71 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 334 KNOWN AS THE 'ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA" SO AS TO CHANGE CERTAIN PROPERTY HEREINAFTER DESCRIBED FROM "SINGLE FAMILY RESIDENCE DISTRICT" CLASSIFICATION TO 4UL,, RESIDENCE DIS- ICT" CLASSIFICATION NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3-34 known as the "Zoning Map and Zon- Ing Ordinance of the City o1 Du- buque, Iowa: be and the same Is hereby amended by changing from "Single Family Residence District" classfficatien 10 "Multiple Residence District" classification the following described real estate, to -wit: Special Session, March 15, 1971 117 Lot 2 of McDaniel's Park Hill Subdivision, In the City of Du- buque, Iowa. Section 2. That the foregoing Amendment has heretofore been ap- Proved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 1Sth day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wane A. Moldenhauer Dona'd R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Tele- graph -Herald Newspaper this 18th day of March 1971-. Leo F. Frommelt 11t. 3/18 City Clerk Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to amend the Zonine Map and Zoning Ordinance No. 3- 34 so as to change from Local Business B to Business District Classification the following de- scribed real estate; That part of Lot 1 of 1 of 1 of 1 of 3 of M.L. 63, described by a line commenc- ing at a point on the east line of Bryant street fifty feet northerly from the intersection of the north curb line of Curtis Street extended and the east line of Brvant street thence southeasterly 160' along a line from the point of beginninz to the southeast corner of Lot 1 of 1 of 1 of 1 of 3 of M. L. 63, thence easterly to the west line of Lot 13 of Bush's Sub. at a point 30' south of the northwest corner of Lot 13 of Bush's Sub, thence northerly along the easterly line of Lot 1 of 1 of 1 of 1 of 3 of M. L. 63 to the northeast corner of said Lot, thence westerly along the northerly line of said Lot to the east right of way line of Bryant Street, thence south along the east right-of-way line of Bryant Street to the point of beginning all in city of Dubuque, Iowa, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the Proof of publication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 9-71 An Ordinance Amending and Changing Ordinance No. 3.34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change certain property hereinafter de- scribed from "Local Business B" District Classification for "Busi- ness District' classification, (Geiger property) said Ordinance having been previously present- ed and read at the Council meet- ing of February 15, 1971, pre- sented for Final Adoption. AN Section 1. That Ordinance No. 3.34 known as the Zoning Map and Zon- Ing Ordinance of the City of Du- buque, Iowa" be and the same Is hereby amended by changing from Local Business 'B' District" classi- fication to "Business District" classi- fication the following described real estate, to -wit: That part of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 3 of Mineral Lot 63, described by a line com- thence northerly along the east- erly fine of Lot 1 of Lot 1 of Lot 'of Lot 1 of Lot 3 of Mineral Lot 63 to the northeast corner of said lot, thence westerly along the northerly line of said lot to the e.84t right-of-way line of Bryant Street, thence South along the east right-of-way Ifne of Bryant Street to the point of beginning, all In the City of Dubuque, Iowa. sect'on 2. That the foregoing Amendment has heretofore been ap- proved by the Punning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 15th day of March, 1971. Gaylord M. Couchman Mayor Welter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Tele - of Marchr 1971Newspepppeppr this 18th day It. 3/18 ItY F. Fr melt 118 Special Session, March 15, 1971 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of James A. Pearson, Julian G. Nemmers proposed own- ers, and Adams Realty Corpora- tion as owner requesting rezoning of Lot 2 and Lot 3 of Sidonia Hos- ford's Sub. from Multiple Family Classification to Professional use classification, presented and read. Councilman Pregler moved that the petition be referred to the Planning k Zoning Commission for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter., Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Thomas Manternach et ux. Lawrence Hefel et ux, and Bernard Hefel et ux, requestine annexation of Lot 1 of 1 of 1 of 1 of 1 of 1, and Lot 2 of 1 of 1 of M. L. 324. SWu4-NWl/4 Sec. 12, Lot 1 Naz-SEV4-NW1/c Sec. 12 and Lot 1 of M. L. 325 all in T. 89 N. R. 2F 5th P. M. presented and read. Councilman Pregler moved that the petition be referred to the Planning do Zoning Commission for investigation and report. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays --None. Petition of Don Arthofer re. questing a refund of $25 on the unexpired portion of cigarette li- cense No. 75, as he has discon- tinued business on February 1, 1971, presented and read. Council. man Pregler moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice of time and place of hearing to dispose of Lot 1 of 1 of l of Block 5 and Lot 1 of 2 of l of Block 5, Riverfront Subdivision No. 3, in the City of Dubuque, Iowa, to Wm. C. Brown Company Publishers, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 77-71 WHEREAS, pursuant to reso- lution of published notice of time and place of hearing published in the Telegraph -Herald, a newspaner of general circulation published in the City of Dubuque, Iowa on Feb- ruary 23, 1971 and March 2, 1971, City Council of Dubuque. Iowa met on the 15th day of March, 1971 at 7:30 P.M. (Central Standard Time) in the City Council Cham - her, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque to Lot 1 of Lot 1 of Lot 1 of Block 5, and Lot 1 of Lot 2 of Lot 1 of Block 5, in "Riverfront Subdivi- sion No. 3" in the city of Dubuque, Iowa, containing approximately 11.17 acres, subject to existing easements to Wm. C. Brown Com- pany Publishers, and, WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to Wm. C. Brown Company Publishers: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of interest of City of Dubuque, Iowa, in real estate to Wm. C. Brown Company Publishers covering the following described real estate, to - wit: Lot 1 of Lot 1 of Lot 1 of Block 5, and I.ot 1 of Lot 2 of Lot 1 of Block 5, in "Riverfront Subdivi- Special Session, March 15, 1971 119 sion No. 3" in the City of Dubuque, Iowa subject to existing ease- ments, containing approximately 11.17 acres for the purchase price of $5,000.00 per acre, for approxi- mately 11.17 acres, in the total amount of $55,850 be and the same is hereby approved, subject to the following terms and conditions, to - wit: A. That said real estate be sold to Wm. C. Brown Company Pub- lishers for the construction of a new building thereon containing approximately 65,000 square feet. B. That the sale price for said real estate shall be $5,000.00 per acre for 11.17 acres in the total amount of Fifty-five Thousand Eight Hundred and Fifty Dollars ($55,850.00) and the receipt of Five Thousand Five Hundred Eighty-five dollars ($5,585.00) as down payment is herewith ac- knowledged by the City. C. That construction of said plant be commenced within one (1) year of adoption and the pas- sage of this Resolution and shall be completed within two (2) years of delivery of deed, and upon fail- ure so to do by the purchaser, Wm. C. Brown Company Publishers said real estate shall automatically re- vert to the City of Dubuque, Iowa and purchase price, less damages, shall be refunded to the purchas- er. D. That the construction of all buildings, yards, parking lots fences and ancillary improvements shall be constructed in conform- ance with existing City codes, and manufacturing processes carried out in accord with City ordinances. E. That the City of Dubuque, Iowa retains a perpetual easement for existing waterlines, existing sanitary sewer and storm sewer lines and for utilities together with right of ingress and egress to re- pair, inspect and maintain the same. F. That all utilities and services to proposed buildings be connect- ed at buyer's expense. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver deed of conveyance to Wm. C. Brown Com- pany Publishers upon receipt of the purchase price of $55,850. Section 3. That the City Clerk be and he is hereby authorized Nor and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Re- corder. Passed, approved and adopted this 15th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Cleric Councilman Pregler moved adop. tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. M71 Approving disposal of Lot 2 of 1 of 1 of 1 of 1 of 1 of 1 of i of 2 of 3 of 1 of Hlvhland Farm Sub. (former lift station area on Clarence Arlen Farm) subject to a 20' easement with the City re- serving the right to remove exist- ine lift statin therefrom, and di- recting the Clerk to publish notice. At the request of City Engineer White Councilman Pregler moved that the resolution be referred back to the Engineerina deoart- ment for further study. Seconded by Mavor Couchman. Carried by the following vote: Yeas — Mayor Couchman. Coun- eilmen Bitter, Meyers, Moldenbau- er. Pregler. Nays—None. RESOLUTION NO. 79.71 Aporovinq the Redesianation of Redevelopment Area S In the Dnwntown t lrban Renewal Proj- ect, Iowa R-15. WHEREAS, the City Council un- der date of September 21, 1970, adopted Resolution No. 313.70 au- thorizing the Mayor to enter into on behalf of the City of Dubuque a Contract for Sale of Land for Private Development with the Mo - lo Oil Company for Lot 1 of Block 16 in Dubuque Downtown Plaza in the City of Dubuque, Iowa; and WHEREAS, the said parcel of land is included in Redevelopment 120 Srwcial Session, March 15, 1971 Area 5 designated as Central Busi. ness District Retail Area with a primary objective to provide short term parking to serve the retail area; and WHEREAS, it is proposed that the primary and ultimate objective of Redevelopment Area 5 is to provide sites for commercial ser- vices development and for the or- derly expansion of central busi- ness district retail and services uses; and WHEREAS, the approved rede- velopment proposal submitted by the Molo Oil Company for a por- tion of Redevelopment Area 5 is for a commercial services use: and WHFREAS, the Dubuque Plan- ning and Zorrna Commission un- der date of February 24, 1971. adopted Resolution No. 71-1, a copy of which is attached hereto. and which Resolution found and determined that the change in He development Area 5 from a Cen- tral Business District Retail Area to a Commercial Service Area con. forms to the Adopted General Plan for the development of the City of Dubuque, Iowa, as a whole; now therefore BE IT RESOLVED by the Coun- cil of the City of Dubuque, Iowa: Section 1. That that portion of the Downtown Urban Renewal Project, Iowa R-15, designated for redevelopment purposes as Rede. velopment Area 5 be changed from a Central Business District Retail Area to a Commercial Service Area. Passed, approved and adopted this 15th day of March, 1971. Gavlord M. Couchman Mayor Walter A. Preeler Wavne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk RESOLUTION NO. 71.1 WHEREAS, on the 16th day of February, 1967, the Dubuque Plan- ning and Zoning Commission adopted Resolution No. 2 which found and determined that the Ur. ban Renewal Plan for the Down- town Urban Renewal Project, Iowa R-15, conformed to the general plan for the development of the City of Dubuque, Iowa; and WHEREAS, said Urban Renewal Plan made provisions for Redevel. opment Area 5 to be classified in the Central Business District Re. tail Area with a primary objective to provide short term parking to serv.^ the retail core; and WHEREAS, it is proposed that the primary and ultimate objective of Redeve' )pment Area 5 is to pro. vide sites for commercial services development and for the orderly expansion of central business dis. trict retail and service uses; now therefore BE IT RESOLVED by the Du- buque Planning and Zoning Com. mission: Section 1. That based inion a stu. dy of uses to which Redevelopment Area 5 may be put, it Is hereby found and determined that the change in such area from Central Business District Retail to Com. mercial Service Area does con- form to the adopted General Plan for the development of the City of Dubuque, Iowa, as a whole. Passed, adopted and apnroved this 24th 6 -ay of February, 1971. Frank J. Glab Secretary Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. March 4, 1971 Hon. Mayor and City Council The Board of Dock Commission- ers at its meeting on the 41h day of March, 1971 adopted the at- tached Resolution, evidencing the Board's agreement with the basic philosophy of the Proposed tipper Mississippi River National Recrea- tion Area plan. Your honorable Body is respect- fully requested to adopt a similar type Resolution as in their judg- ment the Councilmen concur with the Board's view. This letter is being written for and at the direction of the Board of Dock Commissioners of the City of Dubuque, Iowa. A proposed Special Session, March 15, 1971 121 form of Resolution is transmitted herewith for your consideration. BOARD OF DOCK COMMISSIONERS OF THE CITY OF DUBUQUE, IOWA By: J. R. Voelker, Chm. Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. DOCK BOARD RESOLUTION NO. 34.71 WHEREAS, the Board of Dock Commissioners of the City of Du- buque, Iowa has generally re- viewed the proposed project known as The Upper Mississippi River National Recreation Area as pro- posed by the Field Task Force, and WHEREAS, the Board of Dock Commissioners of the City of Du- buque, Iowa are in agreement with the basic philosophy of said Up- per Mississippi River National Rec. reation Area as proposed by the Field Task Force so long as same also recognizes and acknowledges the present and future needs and requirements of the City of Du- buque and its inhabitants as to fu- ture development, economically, industrially and recreationally. NOW THEREFORE BE IT RE- SOLVED by Board of Dock Com- missioners in and for the City of Dubuque, Iowa: Section 1. That the Board of Dock Commissioners of the City of Dubuque, Iowa do and hereby de- clare themselves to be in agree- ment with the basic philosophy as outlined and set forth in the pro- posed Upper Mississippi River Na- tional Recreation area as proposed by the Field Task Force, so long as same is reasonably developed with the consideration in mind as to the reasonable future needs and requirements of the City of Dubuque and its inhabitants as to development, commercially, indus- trially and recreationally. Section 2. That the Chairman be and he is hereby ordered and di- rected to transmit a certified copy hereof together with a letter of transmittal to the City Council of the City of Dubuque, Iowa request- ing their favorable consideration of this Resolution and requesting in their discretion they adopt a concurrent Resolution in order that same may be forwarded to the appropriate agency. Passed, approved and adopted this 4th day of March, 1971. Joe R. Voelker F. J. Schreiber Attest: F. J. Schreiber Councilman Meyers moved that the Resolution be approved and made a matter of record. Seconded by Mayor Couchman. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays --- None. RESOLUTION No. 90-71 WHEREAS, the City Council of the City of Dubuque, Iowa has Sea- erally reviewed the proposed pro- ject known as The Upper Missis- sippi River National Recreation Area as Proposed by the Field Tack Force, and WHEREAS, the City Council of the City of Dubuque, Iowa is in agreement with the basic philoso- phy of said Upper Mississippi River National Recreation Area as pro- posed by the Field Task Force so long as same also recognizes and acknowledges the present and fu- ture needs and requirements of the City of Dubuque and its in- habitants as to future develop ment, economically, industrially and recreationally, and WHEREAS, it appears to the City Council of the City of Du- buque, Iowa that the Upper Mis- sissippi River National Recreation Area as Proposed by the Field Task Force is consistent with the General Development Plan of the City of Dubuque, Iowa; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa does hereby declare itself to be in agreement with the basic philoso. phy as outlined and set forth in the proposed Upper Mississippi 122 Special Session, March 15, 1971 River National Recreation Area as Proposed by the Field Task Force, so long as same is reasonably de- veloped with the consideration in mind as to the reasonable future needs and requirements of the City of Dubuque and its inhabi- tants as to development, commer- cially, industrially and recreation- ally. Section 2. That the City Clerk be and he is hereby authorized and directed to transmit a certified copy of the Resolution of the Board of Dock Commissioners of the City of Dubuque, Iowa for pre- sentation to the Water Resources Association. Passed, approved and adopted this 15th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun cilmen Bitter, Meyers, Molden• hauer, Pregler. Nays — None. March 15, 1971 To the Honorable Mayor and City Council the State Civil Defense Director On March 13, Albert Maricle. and Disaster Coordinator phoned Ben O'Leary and informed him that "Operation Foresight, 1971" was being initiated and suggested that the City request assistance un- der this program. Operation Foresight, 1971 is similar to the 1969 program where- by the U.S. Corps of Engineers constructed temporary dikes and provided pump installations in or. der to prevent flood disaster. I recommended that you pass a resolution requesting the Federal Government to provide assistance and authorize the City Manager to execute the necessary Assurance Form. I also recommend that you pass a resolution authorizing the City Manager to represent the City in matters of disaster relief undertaken with officials of the State of Iowa. I am enclosing a copy of the Assurance Agreement executed in 1969. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap• proval of the recommendation. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 81.71 Resolution Authorizinq Filinq of Assurance Form and Permission to Enter Upon Land Emergency Flood Control Public Law 99, 84th Congress. WHEREAS the Cite of Dubuque hereby requests the Federal Gov- ernment under the authorization contained in Section 5 of the Flood Control Act approved August 18, 1941, as amended (33 U.S.C. 701n) to provide supplementary assist- ance in performance of protective work required to cope with flood flows predicted for this Spring, in- cluding the raising, strengthening and extending of City of Dubuque levees by sandbagging or other temporary means. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCII. OF THE CITY OF DUBUQUE, IOWA: That the City Manager of the City of Dubuque, Iowa, Gilbert D. Chavenelle, be and he is hereby authorized to execute the "Assur. ance Form and permission to enter upon land, Emergency Flood Con- trol," and is directed to file and sign all necessary documents for the duration of the flood timer- eenev in a manner satisfactory to the Chief of Engineers. Passed, adopted and anproved this 15th day of March 1971. Gaylord M. Couchman Mayor Donald R. Meyers Joseph J. Bitter Wayne A. Moldenhauer Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Special Session, March 15, 1971 123 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 82-71 WHEREAS, the flood waters of the Mississippi River threaten to wreak damage upon persons and property in the City of Dubuque, Iowa during March 1971; and WHEREAS, the City of Dubuque, Iowa is undertaking by emergency action to protect the inhabitants of the City of Dubuque, Iowa from such damage; and WHEREAS, the State Civil De- fense Division has been assigned the responsibility for disaster re- lief coordination. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That Gilbert D. Cha- venelle, City Manager, be and he is hereby authorized to represent and act for the City of Dubuque, Iowa in matters of disaster relief undertaken with officials of the State of Iowa. Passed, adopted and approved this 15th day of March 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 83.71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applies• tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS 'B" BEER PERMIT Mrs. Alice Erschen, 2617 Univer. sity Avenue George Sorenson, 1105 University Avenue Earl R. Ackerman, 200 Main St. Passed, adopted and approved this 15th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays — None. RESOLUTION No. 84.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, 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 bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Mrs. Alice Erschen, 2617 Univer- sity Avenue George Sorensen, 1105 University Avenue Earl R. Ackerman, 200 Main St. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. 144 Special Session, March 15, 1971 Passed, adopted and approved this 15th day of March. 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 65.71 WHEREAS, applicants for Liquor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT—CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT George Sorensen, 1105 University Avenue Earl R. Ackerman, 200 Main St. Passed, adopted and approved this 15th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman. Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 86-71 WHEREAS, applications for Liq. uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all city ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, IOWA, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT George. Sorensen, 1105 University Avenue Earl R. Ackerman, 200 Main St. Passed, adopted and approved this 15th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Mr. Raymond Kasel and Don Ward, members of the Hiehway Commission were in attendance, along with Mr. Ferguson of Hen- ningson, Durham and Richardson who spoke on the proposed free- way for the City. Mr. Richard Fer- guson took charge of showing the various proposed layouts by the use of slides and graphs. Various routes were suggested such as a route through the pres- ent Courthouse, another east of Washington Street. One proposed route was suggested by cutting across the point area however not in the original plans. Another route was a posible cut through Special Session, March 15, 1971 in land in extreme eastern part of the City through the heavy indus. trial area. Another route suggested would be through Mt. Calvary cemetery. Other features included two routes for bridges across the Mississippi. One route from Six- teenth Street west of Kerper Blvd. and meet the river near the Muni- cipal swimming pool. A south route was shown intersecting high- way No. 52 at the Bellevue Road, running northeast to the river bluffs, south and east of Mt. Car- mel. As to the use of Dodge Street one route would call for the level- ling of homes on both sides, the other route would be to level the homes on the south side only. Var- ious interchanges were shown be- tween Eiehth and Ninth Street at the tracks: between Thirteenth Street and Fourteenth at the tracks; between Seventeenth and Eiehteenth at the tracks; near Fourteenth and Sveamore and near Sixteenth and Kerper. Several questions were posed by Mrs. Edna Thompson. Rev. An- thony Siewarth, Supervisor Louis Barrett, Irvin Behr. Mr. Ferguson went out of his way to stress the fact that all the above is all sub- ject to change and it would prob. ably be close to one year before plans are somewhat near finalized, and that future public hearings will be held, as the idea of the freeway progresses. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Leo F. Frommelt City Clerk Approved June 7 1971 Adopted June 7 1971 126 Special Session, March 29, 1971 CITY COUNCIL OFFICIAL Special Session, March 29, 1971. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Couchman, Councilmen Bitter, Meyers, Mold- enhauer, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- SIDERING EMERGENCY FLOOD PREPARATIONS and acting upon such other business as may prop- erly come before a regular meet- ing of the Council. Communication of Merchants Mu. tual Bonding Co: submitting cer- tificate of Authority from the Insurance Department of Iowa authorizing them to transact its appropriate Fidelity and Surety Insurance business in the State of Iowa, to April 1, 1972, presented and read. Mayor Couchman moved that the communication and certifi- cate be received and filed. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Paul J. Hen- kel. showing deep concern as to the loss of the boat loading ramp at the old ice harbor and request- ing a discussion on the replace- ment of the facility, presented and read. Councilman Pregler moved that the communication be referred to the City Manager, City Council and Dock Commission and to get in touch with Mr. Henkel. Seconded by Councilman Bitter. Carried by the following vote: Yeas --Mayor Couchman, Coun- cilmen Bitter, Meyers. Moldenhau- er, Pregler. Nays—None. Communication of Low -Rent Housing Commission submitting minutes of their meeting of March 16, 1971, presented and read. Mayor Couchman moved that the com- munication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. Communication of William C. Fuerste, dated March 12, 1971, submitting his resignation as a member of the Dubuque human Rights Commission, effective im. mediately, presented and read. Councilman Pregler moved that the resignation be accepted with regret and the Mayor be requested to send a letter of appreciation for services rendered, Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. March 17, 1971 To the Honorable Mayor and City Council I herewith submit the reports of the City Auditor and City Trea- surer for the month of February 1971, as well as a list of claims paid. Also report of Health De- partment for February, and Wa- ter Department. Respectfully, Gilbert D. Chavenelle City Manager Mayor Couchman moved that the reports be received and filed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Printed Council proceedings for the month of January 1971 pre- sented for approval. Councilman Bitter moved that the Council pro- ceedings for the month of January 1971 be approved as printed. Sec onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. March 26, 1971 Hon. Mayor and City Council On February 26, 1971, Joseph F. Miller of 90 North Algona, this city, filed claim against the City of Dubuque, lova for damages in the amount of $56.69 as the result Special Session, March 29, 1971 127 of striking a hole in the street in the 400 block of N. Grandview on February 24, 1971 and thereby damaging a tire and wheel of his auto. This matter was investigated by the City Attorney's office who also checked with the Street Depart- ment and based on the facts and existing law finds there is no ac- tionable negligence by the City of Dubuque and therefore recom- mends that said claim be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. March 26, 1971 Hon. Mayor and City Council On February 26. 1971, Michael G. Massey of 2066 Morning View Drive, this city, filed claim against the City of Dubuque, Iowa for damages in the amount of $160.70 as the result of allegedly striking a hole in the street at Wildwood Drive and 32nd Street on February 23, 1971 and thereby damaging two tires and rims. This matter was investigated by the City Attorney's office who also checked with the Street Depart- ment and based on the facts and existing law finds there is no ac- tionable negligence by the City of Dubuque and therefore recom- mends that said claim be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Mo!denhauer moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. March 28, 1971 lion. Mayor and City Council On March 1, 1971, Fred Neyens of 570 W. 11th Street, this city, filed claim against. the City of Dubuque, Iowa for damages to the tires and wheel rims of his auto on February 28, 1971 in the amount of $67.82 as the result of striking an unbarricaded hole in the street at the corner of Crissy and Kauf- mann after passing two street bar- ricades marking hole in said street. This matter was investigated by the City Attorney's office who also checked with the Street Depart- ment and based on the facts and existing law finds there is no ac- tionable negligence by the City of Dubuque and therefore recom- mends that said claim be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. March 26, 1971 Hon. Mayor and City Council On February 22, 1971, John A. Streinz of 763 Alta Vista, this city, filed claim against the City of Dubuque, Iowa for damages in the amount of $60.00 and claiming said damages occurred on February 22, 1971 as the result of striking a hole in the street after going around a barricade at 808 W. 32nd Street on February 20, 1971 and causing two dented wheel rims and two tires to blow. This matter was investigated by the City Attorney's office who also checked with the Street Depart- ment and based on the facts and existing law finds there is no ac- tionable negligence by the City of Dubuque and therefore recom- mends that said claim be denied. Original claim is attached here- to. Respectfully submitted. R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Special Session, March 29, 1971 NntnT of claim of Harriet C. Butier. .cr er-Ar-mg the amount of SIXXi for pemnal injuries re- cen^ed in s fall on April 2. 1970, said claim filed at the meeting of JuDe 1. 19+0, presented and read. Councilman Pregler moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of claim of Iowa Kemper Insurance Company for personal injuries received in a fall by Jo- Ann Witterholt of Dyersville, Iowa, at 2293 Pearl Street on January 26. 1971, presented and read. Coun- cilman Pregler moved that the notice be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of claim of Kemmerer Adiustment, representing Grinnell Mutual Reinsurance Co. in behalf of their insured Glen Peter Still. munkes for personal iniuries re- ceived by Mrs. Veronica Tscharner, in a car accident on February 6 1971, presented and read. Council- man Pregler moved that the notice of claim be referred to the Citv Solicitor for investigation and re- port. Seconded by Councilman Moldenhauer. Carried by the fol• lowing vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of claim of Robert W. Strub, in the amount of $60.39, for car damage incurred as the result of striking a chuckhole in the street at 1905 Asbury Street on March 12, 1971, presented and read. Councilman Pregler moved that the notice of claim he referred to the City Solicitor for investiga- tion and report, Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of claim of Kenneth R. Mott. of 3522 Keymeer, in the amount of $500. for property dam. age as the result of a sanitary sewer back-up on February 26, 1971, presented and read. Council- man Pregler moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of claim of John J. Pins, in the amount of $108.25, for car damage incurred as the result of striking a chuckhole in the streA in the 700 block on W. 32nd Street on March 13, 1971, presented and read. Councilman 11'regler moved that the notice of claim be re- ferred to the City Solicitor for investigation and report. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas --Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of claim of Mrs. Edna L. Bechen, in an undetermined amount, for personal injuries re- ceived in a fall in the Town Clock Plaza near the Nesler Center on March 8, 1971, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas --Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of Frank E. Oswald, in an undetermined amount, for per- sonal injuries received in a fall on an ice covered sidewalk at 336 Main Street on February 5, 1971, Presented and read. Councilman Pregler moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Molden- Special Session, March 29, 1971 129 hauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Fondell & Sons Inc. requesting permission to excavate at 646 Rush Street to make sewer and water connections, presented and r e a d. Councilman Pregler moved approval of the petition. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Northwestern Bell Telephone Co. requesting permis- sion to extend their underground conduit system from existing man- hole west of Vizaleea to west city limits on Pennsylvania Ave. pre- sented and read. Councilman Preg- ler moved that the petition be granted and the telephone company be urged to follow up cleaning operations on some of last year installations. Seconded by Council- man Bitter. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. March 26, 1971 Honorable Mayor and Members of the City Council I concur with the attached rec- ommendation of the Engineers and Water Superintendent and, recom- mend for final approval and ac- ceptance, the Deep Well Pumping Unit installed in No. 1 Test Well. The total cost was $5,618.00 as set forth in the contract. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Couchman moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. FINAL ESTIMATE RESOLUTION NO. 87.71 WHEREAS, the contract for the construction of TEST WELL NO. 1, PUMP INSTALLATION has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, in- spection, and preparing the as- sessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $5,618.00. That none of the cost thereof shall be assessable upon private property and $5,618.00 shall be paid from the Water Works Gen- eral Fund of the City of Dubuque. Passed, adopted and approved this 29th day of March 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (A Resolution Accepting Improvement) RESOLUTION NO. 88.71 WHEREAS, the contract for the construction of: Test Well No. 1, Pump Installation 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 the terms of the contract, plans and specifications and recommends its aceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Water Works General Fund on the above de- scribed improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. 130 Special Session, Mareb 29, 1971 Passed, adopted and approved this 29th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. March 26, 1971 To the Honorable Mayor and City Council I submit to you the Emergency Flood Control Plan, Revised, March 1971. City Engineer John White and city staff will review the details of the plan with you. Nec- essary dike construction and pump installations are described in the plan, and the cost of the work estimated. On March 26th, the plan was presented to representatives of the U.S. Army Corps of Engineers with a request that the Corps undertake dike construction and pump in- stallation. Based on the current forecast of the river flood it was decided to construct dikes required for a 23.5 foot river stage and install storm water pumps. Mr. Mrs. Robert Gustafson, resident engineer for the Corps, is prepar- ing bids and contracts for the work. The extent of Corps par- ticipation in the program will be known in a few days. Further, it was decided to start dike construc- tion on April 5th. It is probable that there will be considerable emergency ex. pense other than that paid for by the Corps of Engineers. Conse- quently, I phoned the State Civil Defense Director and the Region 6 Office of Emergency Preparedness. From these sources I learned that Federal Disaster Assistance is de- pendent on the declarations of disaster by both the Governor and the President. Should such declara- tions be made, then the Office of Emergency Preparedness will as. sist the city as in 1969. Although there is no certainty that there will be other federal assistance than that given by the Corps of Engineers, I believe that the city is committed to the emer- gency program. If events follow those of 1969, then the Corps' commitment will be about $200.000 and other expense will be $300,000. The following are the alternatives for financing the project. 1) If a disaster is declared, an advance grant will be requested from OEP. This will equal 50-75 percent of the cost. The final grant will cover the entire cost which will not be settled for two years. We will carry a red balance in the account until final settlement. 2) If disaster is not declared, and the city expense is a sizeable amount, application will be made for an interest free loan from the State under SF 796 (62nd G.A.). 3) If a loan cannot be secured from the State, bonds will be sold on the commercial market under Chapter 333 of the Laws of the 62nd G.A. 4) If the amount of the city expense is small, a deficit balance will be carried and taxes levied to pay the amount. 5) In any case we will arrange with a bank to receive our "stamped warrants," which is a permitted method whereby the supplier of material or service is paid by the bank, and the city account plus interest is settled at a later date when financing has been arranged. I request your consideration of a resolution authorizing emergency expenditure and the issuance of warrants for the purpose of ev- idencing indebtedness to various C reditors who furnish labor and materials to the city in connection with the emergency program. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Councilrnan Pregler. Carried by the following vote: Yeas—Mayor Couchman,Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Special Session, March 29, 1971 131 RESOLUTION NO. 89.71 WHEREAS, the flood waters of the Mississippi River threaten to wreak damage on persons and property in the City of Dubuque, Iowa during April 1971; and WHEREAS, the City of Dubuque, Iowa is undertaking by emergency action to protect the inhabitants of the City of Dubuque, Iowa from such damage and will incur ex- pense and indebtedness in connec- tion therewith: NOW THEREFORE BE IT PASSED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the City Man- ager of the City of Dubuque, Iowa is authorized to expend funds for the purpose of emergency flood protection. Section 2. That the issuance of warrants of the City of Dubuque for the purpose of evidencing of indebtedness to the various cred- itors who furnish labor, material and supplies to the City of Du- buque in connection with the work performed to protect against the flood waters of the Mississippi River in the Spring of 1971 be and the same are hereby approved. Section 3. That the City Manager of the City of Dubuque, Iowa be and is hereby ordered and directed to take any action necessary within the framework of the law to finance the payment of said indebtedness. Passed, adopted and approved this 29th day of March 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the: following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. March 26, 1971 Honorable Mayor and Council Members The Planning and Zoning Com- mission has reviewed a final plat of the Subdivision of Lot 2 - 1 and Lot 1 - 1 of Block 5 in "River Front Subdivision No. 3" in the City of Dubuque, Iowa. The Com- mission found that the plat meets the minimum requirements of the Subdivision Ordinance and that it is an appropriate layout for the area. It is the recommendation of the Planning and Zoning Commission that the plat be approved as sub- mitted. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 91.71 WHEREAS, the Cullen-Schiltz & Associates, P. C., civil engineers, have prepared a plat dated Feb- ruary 17, 1971 subdividing Lot 2 of Lot 1 and Lot 1 of Lot 1 of Block 5 in River Front Subdivision No. 3 in the City of Dubuque, Iowa, and WHEREAS, the City Planning and Zoning Commission has ex- amined said plat and approved the same, and WHEREAS, said plat conforms to the statutes, ordinances and regulations governing and relating to subdivision of real estate; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated February 17, 1971 prepared by Cullen-Schiltz & Associates, P.C., civil engineers, and subdividing the following described real estate, to -wit: Lot 2 of Lot 1 and Lot 1 of Lot I of Block 5 in River Front Subdivision No. 3 in the City of Dubuque, Iowa be and the same is hereby ap- proved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the 132 Special Session, March 29, 1971 City of Dubuque, Iowa and that the City Clerk cause said plat to be filed in the office of the Re- corder in and for Dubuque Coun- ty, Iowa. Passed, approved and adopted this 29th day of March 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas --Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION No. 78-71 WHEREAS, Clarence J. Arlen and Dolores Arlen have heretofore conveyed to the City of Dubuque, Iowa, the following described real estate: Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot I of Lot 1 of Lot 1 of Lot 2 of Lot 3 of Lot i of Highland Farm Subdivision in the City of Dubuque, Iowa. which conveyance was acquired for the location of a sanitary lift station and force main; and WHEREAS, said real estate is no longer needed by the City of Dubuque, Iowa, except to reserve a 20 -foot permanent easement therein for location, repair and maintenance of a sanitary sewer trunk line; and WHEREAS, it has been mutually agreed by and between Clarence J. Arlen and Dolores Arlen and the City of Dubuque, Iowa, they shall grant to the City of Dubuque, Iowa, a perpetual easement in and to other portions of real estate owned by Clarence J. Arlen and Dolores Arlen for the location, re. pair and maintenance of a 12 -inch sanitary sewer trunk line, an R. inch sanitary main and a 42 -inch storm sewer; and WHEREAS, it has been agreed by all the parties hereto that the said Clarence I. Arlen and Dolores Arlen shall pay the City of Du. buque, Iowa, for the real estate herein described the sum of Two Hundred ($200.00) Dollars and that the City of Dubuque, Iowa, shall pay to Clarence J. Arlen and Dol- ores Arlen the sum of $200.00 for the permanent easement contem- plated to be granted to the City of Dubuque, Iowa, in and across other property owned by the said Clar- ence J. Arlen and Dolores Arlen. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal to Clarence J. Arlen and Dolores Ar- len of the real estate described as follows, to -wit: Lot 2 of Lot 1 of Lot 1 of Lot l of Lot 1 of Lot 1 of Lot 1 of Lot 1 of I.ot 2 of Lot 3 of Lot 1 of Highland Farm Subdivision in the City of Dubuque, Iowa, subject to reservation therein to the City of Dubuque, Iowa, of a 20 -foot permanent easement there- in for the location, repair and maintenan:e of a 12 -inch sanitary sewer trunk line and an existing 8 -inch sanitary sewer and a 42 -inch storm sewer, the location of which is shown on the attached plat marked Exhibit "A", and by refer- ence made a part hereof, and the City reserves the right to remove the existing lift station therefrom be and the same is hereby ap- proved. Section 2. That the City Clerk be and he is hereby authorized and directed to cause notice of intent to dispose of interest in real estate to be published as is by law re- quired. Passed, adopted and approved this 29th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moidenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Fr•ommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Special Session, March 29, 1971 1.33 RESOLUTION No. 92.71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque. Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. The Apartments, Ltd.. 555 Kennedy Mall BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and apnroved this 29th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Len F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RFSOLUTION No. 90-71 WHEREAS, Commoditv Ware- housino Corporation has delivered Quit Claim Deed to City of Du- buque, Iowa relating to the real estate which it proposed to pur- chase; and WHEREAS, Commodity Ware- housing Corporation having dis- continued its interest to the pur- chase of said real estate; and WIIFREAS, City of Dubuque. Iowa has negotiated for the sale of said real estate to Wm. C. Brown Comnany Publishers; NOW THF.RFFORE BE IT RF.- SOLVF.D BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Quit Claim Deed of Commodity Warehousing Corporation dated the 29th day of January 1971 conveying to the City of Dubuque, Iowa the following described real estate Lot 1 of Lot 1 of Block 5 in "RIVER FRONT SUBDIVISION NO. 3" in the City of Dubuque, Iowa, according to the Plat thereof in Book of Plats X33, page 275 et seq., records of Dubuque County, Iowa. Subject to easements, rights and privi- leges of record be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby ordered and di• rected to record said Quit Claim Deed in the office of the Recorder in and for Dubuque County, Iowa. Section 3. That the City Auditor be and he is hereby authorized and directed to draw warrant payable to Commodity Warehousing Cor- poration in the amount of $500.00 as payment in full for said Quit Claim Deed and abstract of title and for engineering services. Passed, approved and adopted this 29th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 93-71 WITEREAS: The City Council is the policy making body for the City of Dubuque and, WHEREAS: It is important for the City Council to be familiar with the workings of the various departments in the city if they are to make policy decisions regarding the direction in which to move on city services, and WHEREAS: The City of Dubuque may need to modifv or change the approach to providing services if we are to meet future budgets, and WHEREAS: Budget planning for 1972 is already under way, and 134 Special Session, March 29, 1971 WHEREAS: It has been the rec- ommendation of the Baxter -Mc- Donald firm that departments meet with the City Council period- ically, and WHEREAS: This City Council has in the past expressed an inter- est in such conferences on a monthly basis on meeting nichts when the agenda is light, therefor be it resolved: That this City Council directs the City Manager to schedule the various departments and boards and commissions to meet with it, preferably two such meetings per month, but with at least one such meeting, said meetings to be on Monday nights, following the agenda for the meeting. Passed, adopted and approved this 29th day of March, 1971. Gaylord M. Couchman Mayor 1 Walter A. Preeler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. There being no further business Councilman Meyers moved to ad- journ. Seconded by Mayor Coach- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Leo F. Frommelt City Clerk Approved June 7 ,.,...1971 Adopted ,.June 7 1971 j ... 'f,, C.. ........:tit` ... ..... lur' 46cilme ...... ............................. City Clerk Regular Session, April 5, 1971 135 Board of Health OFFICIAL Regular Session, April 5, 1971. Board met at 7:15 P.M. (C.S.T.) Present—Chairman Gaylord M. Couchman, Messrs. Joseph J. Bit- ter, Donald R. Meyers, Wayne A. Moldenhauer, Walter A. Pregler. Dr. Kenneth K. Hazlet. Items of routine nature were discussed at the conclusion of which Mr. Walter A. Pregler moved to adjourn. Seconded by Mr. Jo- seph J. Bitter. Carried by the fol- lowing vote: Yeas — Chairman Gaylord M. Couchman, Messrs. Joseph J. Bit- ter, Donald R. Meyers, Wayne A. Moldenhauer, Walter A. Pregler. Leo F. Frommelt Clerk Board of Health Approved June 28, 1971 Adopted June 28, 1971 Members of Bd. of health Attest Clerk Boa d of Health 136 Regular Session, April 5, 1971 PITY COUNCIL OFFICIAL Regular Session, April 5, 1971. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Couchman, Councilmen Bitter, Meyers, Mol- denhauer, Pregler. City Manager Gilbert D. Chav- enelle. Mayor Couchman read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the Council called for the pur- pose of acting upon such business as may properly come before the meeting. Communication of American Pub- lic Works Ass'n Research Founda- tion offering the possibility of materially reducing equipment costs of Government fieets, pre- sented and read. Mayor Couchman moved that the communication be received and filed and referred to the City Manager. Seconded by Councilman Pregler. Carried by the following vote: Years—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of E d n a M. Thompson, V. P. of P. A. C. mak- ing inquiry as to the request of petition, bearing 600 signatures, for the purpose of increasing mein. bers in the Low Cost Housing Commission with low income repre- sentatives, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Council. MM 1e_ Carried by the fol- Dawft wait_ Yea* —IlWor Couchman, Coun- cll a )Baer, Meyers, Moldenhau. er, Pregler. Nays—tions. April 2, 1971 The Honorable Mayor and Members of the City Council: I herewith submit the Annual Financial Report of the City Audi. tor for the year 1970. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication and report be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and Disbursements for the month of February 1971, pre- sented and reAd. Councilman Preg. ler moved that the proof of pub. lication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. April 2, 1971 To the Honorable Mayor and City Council Your staff has investigated the petition request for the vacation of National Street by the residents of Keokuk Street. The investiga- tion revealed that the vacation of the street should be predicated on the installation of sidewalks and sanitary sewers by the petitioners for street vacation. We will ar- range to put this proposition to the petitioners and are requesting the City Solicitor to assemble the group for this purpose. Respectf ully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. April 2, 1971 To the Honorable Mayor and City Council Your staff has investigated the petition from Finley Hospital for the vacation of an alley. This vacation is possible, but it is recommended that it be held up pending the settlement of a storm drain problem. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and Regular Session, April 5, 1971 137 filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. April 2, 1971 To the Honorable Mayor and City Council Enclosed is a petition from Mrs. Ann Lolwing for the extension of the March of Dimes "Mother's March" permit to May 14, 15 and 16th. Since there were no conflicting requests a permit has been issued for the May dates. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. April 2, 1971 To the Honorable Mayor and City Council At Council Meeting of March 29th you referred a letter from Paul Henkel to the Dock Commis- sion for comment. A copy of the letter has been sent to the Dock Commission and the secretary of the Commission has informed me that comments from the Commission will be avail- able after April 7th. Respectfully Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of claim of Vera F. Waite, in the amount of $30.90, for ex- pense incurred as the result of a backed -up sanitary sewer at 2075 Sunnyview Drive on March 13, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeaas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of claim of Donna D. Richman, in the amount of $75.00, for car damage incurred as the result of driving into a chuckhole in the street near Flora Pool on Green Street on March 20, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of claim of Forrest M. Kowalske, in an undetermined amount, for personal injuries re- ceived in a fall on an icy cross- walk on W. 7th between Bluff & Locust on February 3, 1971, pre- sented and read. Councilman Mey- ers moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays --None. Notice of claim of Iowa Kemper Mutual Insurance Co., in an un- determined amount, for personal injuries received in a fall by Ann Filiatrault at 950 Spruce Street on February 10. 1971, presented a n d read. Councilman Meyers moved that the notice of claim he referred to the City Solicitor for investigation and report. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider amend- ing the Zoning Map and Zoning ordinance No. 3-34 by enacting a subsection (m) to Section 2 of Article IV to permit mobile home parks under certain specified con- ditions, presented and read. 138 Regular Session. April 5, 1971 I cilmen Bitter, Meyers, Moldenhau- No written objections were filed and no oral objectors were present er, Pregler. in the Council Chamber at the Nays—None. time set for the public hearing. Proof of Publication, certified to Mayor Couchman moved that the by the Publisher, of notice of pub - proof of publication be received lie hearing to consider record of and filed. Seconded by Councilman hearing and certificate to amend Meyers. Carried by the following the Current budget to increase vote: appropriations in various funds, Yeas—Mayor Couchman, Coun- presented and read. cilmen Bitter, Meyers, Moldenhau- No written objections were filed er, Pregler. and no oral objectors were present Nays—None. in the Council Chamber at the time of the public hearing. Mayor ORDINANCE NO. 12.71 Couchman moved that the proof of An Ordinance amending Ordi- nublication be received and filed. nance No. 3.34 known as the Seconded by Councilman Meyers. "Zoning Map and Zoning Ordi- Carried by the following vote: nance of the City of Dubuque, yeas—Mayor Couchman, Coun- Iowa" by enateing a subsec- cilmen Bitter, Meyers, Moldenhau- tion (m) to Section 2 of Article er, Pregler. IV, to permit mobile home Nays—None. parks under certain specified ORDINANCE NO. 13-71 conditions, An Ordinance amending the said Ordinance having been pre- Budget as approved by Ordi- viously presented and read at the Council meeting of March 1, 1971, nance No. 1-71 and Ordinance presented for Final Adoption, No. 10-71, said Ordinance having been pre. ORDINANCE No.12-71 viously presented and read at the An Ordinance amending Ordinance No. 3-34 known as the "Zoning Council meeting of March 8, 1971, Map and Zoning Ordinance of the itya Dubuque,subsection sednacion - presented for Final Adoption. (Io to Ingof Article IV, to permit mrbile home parks under certain specl- ORDINANCE No 13-71 tied conditions. An ordinance amending the budget as Now therefore be R ordained by the approved by Ordinance No. 1.71 and Ordinance No. 10-71. City Council of the City of Dubuque, It is necessary to amend Iowa:Whereas, the current budget to provide for in, Section 1. That Ordinance No. 334 creased wage rates and known as the 'Zoning Map and Znn- Whereas, it Is necessary to amend Ing Ordinance of the City of Du- The current budget to provide ap- buque, IOWA" b- and the same Is pprOPf latlor.s t0 complete prior Years hereby amended by enacting a sub. imprrvemen15; section (m) to Section 2 of ArtIve Now therefore, be It ordained by the IV thereof to provide as follows: City Council of the City of Dubuque, ARTICLE IV. Iowa; Section 2. That the unexpended cash balances (m) mobile home parks pro. on hand at the close of the preceding vided that: (1) The site shall contain a fiscal Year and revenues not apPro- Prlated in budget ordinances No. 1-71 minimum of ten (to) and 10-71, are hereby allocated and acres Of contiguous prop. appropriated for payment of neces- erty; sary expenditures of City Govern - (2) The plan meets the re- ment in the to!lowing funds and quirements of the Mobile Home Park Development amounts; and to that end the aP- Prooriations of funds are hereby Policy. authorized to wit: Increased Section 2. That the foregoing amend- ment has hrretofnre been approved by Fund Appropriation General Fund f 15.157 00 the Planning and Zoning Commission Street Fund 27.482.00 of the City of Dubuque„ Iowa. Public Safety Fund 23 532 00 Passed, approved and adopted this Sanitation Fund 130 296.00 5th day of April, 1971. Municipal Enterprise Fund 24.269.00 Gaylord M. Couchman Mayor Recreation Fund 27 701 00 Utilities Fund 77,773.00 Walter A. Pregler Seweye Rental Fund 59 893 00 StreeT Road Use Tax Fund 256.38 00 Wayne A. Moldenhauer Donald R. Meyers Parking Facilities Fund 2,317.00 Joseph J. Bitter Councilmen ATTEST: Total Increased Appropriations 4654,765.00 Leo F. FrornmeiL City Clerk Published officially In The Telegraph- _ Passed, adopted end approved Ifils Herald Newspaper this 8th day of April, 1971. f April, 5th de, of April, 1971. 97 Couchman Leo F. Frommelt City Clerk Mevor Walter A Prev'er I1. 4/8 Wayne A. Moldenhauer Donald R, Meyers Councilman Moldenhauer movedATTEST: Joseph J. Bitter Councilmen final adoption Of the Ordinance. Lea F. Frommelt. City Clerk Seconded by Councilman Pregler. 1 Published officially In The Te''egraph. Herald Newspaper this 8th day of Carried by the following vote: April 191`eo Yeas—Mayor Couchman, Coun- F. Frommelt City Clark. i It. 4/8 Regular Session, April 5, 1971. 139 Councilman Bitter moved final adoption of the Ordinance. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 1471 Granting Graham's Style Store for Men, Inc. the Revocable Permit to Construct Portions of a Structure over the public Rights-of-way. presented and read, Councilman Bitter moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 14-71 GRANTING GRAHAM'S STYLE STORE FOR MEN. Inc. THE REVOCABLE PERMIT TO CONSTRUCT PORTIONS OF A STRUCTURE OVER PUBLIC RIGHTS-OF-WAY WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America entered inro a Lran and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque, Pursuant to the Urban Renewal Plan for said Project, acquired real estate relocated site occupants, demolished and removed site improvements, and otherwise Prepared certain land for redeve'opment; and WHEREAS, under dale of November 12, 1970, Graham's Style Store For Men, Inc. (herein referred to as "Ap. Plicant") and the City of Dubuque (herein referred to as "City") enter- ed Into a Contract for the Sale of Land for Private Redeve'opmmt for Block 10 in Dubuque Downtown Pima in the City of Dubuque, Iowa; and WHEREAS, pursuant to the arevisions Of said Contract, the Applicant sub. mitted to the City Preliminary con- struction Plans detailing a nortion of a structure which will overhang and otherwise extend Into a public right- of-way; and WHEREAS. the said plans also In- dicate that the footings required and necessary for the proposed structure wit extend Into various public rights. of -way; and WHEREAS, the City Planner, the City Engineer's Office and the De- partment of Urban Renewal after re- view of the preliminary construction Plans find that the redeve oament Proposal submitted by the Applicant meets the objectives of the Ur.an Renewal Plan; now therefore BE IT ORDA'NED BY THE CITY COUNCIL JF THE CITY OF DUrWQUE, IOWA: SECTION 1. That the APPlicant be and it IS ht and allthorityrtoygranted const ut.Ind mapfn- fain in the Main Street right -of way, also known as Tcwn Cock Plaza, a certain portion of a structure to be constructed on Block 10 in Dubuque Dowbuque, Iowa,Iaandinwhlch Ciandofabuts the said right-of-way, all In conform- ance with the pans attached hereto and made a earl hereof as approved by the City Manager and also on file in the Office of the Building Com- missioner. SECTION 2. That the Applicant be and it Is hereby further granted the right and authority to construct in the Main Street and Ninth Street rights - of-wav footings, subject to the Protec- tion of al! existing utilities, both Pub- lic and Private, that may In fact exist In and about the subject premises, all in conformance with the said con. Siruction Plans. SECTION 3. That such construction shall be done under the superviaon and direction of theCity Manager and Building Commissioner, and in accordance with all applicable Sate and Federal laws and the regulations and Ordinances of the City. SECTION 4. That in consideration of the rights and Privileges herein granted, the Applicant, its :uecessors and assigns, assume any and all biltfor daon or Ila- erliyywhich mageresult from the )con. struction, existence, or maint,nance of that Portion of the said structure which will overhang the pub is rlght- Indemnityn andgrhotdatthes Citye harm less and to Day on behalf of the City shall became e ub gated htoh flag Citi reason of the liability imposed on the City for damages of any nature resulting from the cunstructiun or existence or maintenance of that Por - ton of the said structure which will overhang the public right-of-wiv, sus- tained by any Person or persons, caused by accident or otherwise. SECTION S. That in further eon. sideration of the license and privileges herein granted, the Applicant, its suc- cessors and assigns, covenant and agree to Inc ode the City as an ad. ditional named insured in an insur- ance policy Of comprehensive lia- bility Issued by a company authorized to do business in the State of Iowa. Said policy shall be written with mini- mum limits of not less than $100,000 for injury to any one person, not less than $300,000 for any one accident and not less than $100,000 for prop. erty damage. The City shall be fur- nished wtih a certified true copy of said policy to be kept on file in the Office of the City C'erk, and said Policy shall also Provide for at least aten (10) days' written ..oboe to be furnished the City prior •i any can. cellation or material change in said Po: Icy. SECTION 6. That the Applicant, Its successors and assigns, covenant and agree that the right herein granted Is deemed a revocab:e Permit or revoca- ble license and the same may be revoked, with or without cause, at any time by the City of Dubuque, and upon revocation of said Permit or license, said portion of the structure In and over the public right-of-way sha'I be removed by the Applicant. SECTION 7. That In the event the APp icant, Its successors or assigns fail to comply with any of the terms or conditions contained herein, or in the event of revocation by the City of the permit or license herein grant- ed, the Applicant Its successors or assigns shall, after receipt of written notice from the City Manager so to do, at the Applicant's expense, re- move said portion of the struc'ure In and over the pubic right-of-way, and in the event of Its failure or refusal to commence said removal within thirty (30) days of making of notice to remove same and complete same with diligence and dispatch (un- Regular Session, April 5, 1971 sass prvented by circumstances be - 1"11 Proceed to removenthe same at AsgliCant's expense and assess the cost thereof tllsun" of said portlon of the structure removed as in Its sole discretion the City Sktall deem fit, and the Applicant' I.s snc- censors or assigns shall have no claim, nor assert same, against the City. its officers, employees or agents for any damages whatsoever rrlu't- Ing from the removal of said rortion of said structure In and over the public ri9ht-Pf-W8V. SECTION B. That this Ordinance shall become effective and the i lq^ts and privileges hereunder shall ac- crue to the Applicant when this Ordi- nance has been du'v adooted by the Citv Council and acceoted by the An plicant by endorsement hereon, and permissi^n herein will be Sinding u?,on the Applicant, its successors and as. signs. SECTION 9. This Ordinance sn:ll be In full force and effect from and af- ter its final passage, ado' Linn and publication as by law provided. Passed. approved and adopted this 5th day of April, 197). Gaylord M. Couchman Mayor Walter A. Preg'er Wayne A. M 'denhauer Dona'd R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Fromelt, City Clerk Acceptance of Ordinance No 14-71 Graham's Style Store For Mpn. Inc., the owner of Block 10 In Dubunue Downtown Plaza In the City of Di buque. Iowa. having full knowladoe and understanding of the terms and conditlens of Ordinance No. 14-71, hereby accept the same as passed. approved and edooted by the Cnuncil of the City of Dubuque. ;nd agree to comply with all of the terms and con- dillons contained therein. Graham's Style Store For Men, Inc. By is/ Joseph G. Graham ATTEST: /s/ Harriet M. Graham Published officially In The Telegraph. Herald Newspaper this lath day of April, 1971. Leo F. Frommelt City Clerk it. 4/14 Councilman Bitter moved final adoption of the Ordinance. Secon ded by Counnilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 15.71 Granting the First National Bank of Dubuque, Dubuque, Iowa, and the Adams Realty Corporation the Revocable Per- mit to Construct Portions of a structure over public rights-of- way, presented and read. Councilman Bitter moved that the reading; just had be considered the first reading of the Ordinance. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays — None. Councilman Bitter moved that the rule requiring an Ordinance to he read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun• oilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 1171 GRANTING THE FIRST NATIONAL BANK OF DUBUQUE, DUBUQUE, IOWA, AND THE ADAMS REALTY CORPORATION THE REVOCABLE PERMIT TO CONSTRUCT PORTIONS OF A STRUCT119E OVER PUBLIC RIGHTS-OF-WAY WHEREAS. under date of July 26, 1%7. the City of Dubuque and the United States of America entered Into a Loan and Capital Grant Contract for the undertaking M the Downtown Urban Renewal Prolect, Iowa R-15; and WHEREAS, the City of Dubunue, pursuant to the Urban Renewal Plan for sa'd Prosect, acquired real estate, relocated site occupants, demolished and removed site Improvements, and otherwise prepared certain land for redevelopment; and WHEREAS, under date of October 6, 1970, The First National Bank of Dubuque, Dubunue, Iowa, and the Adams Realty Corporation (herein referred to as "Applicant") and the City of Dubuque (herein referred to as "City") entered Into a Contract for the Sale of Land for Private Re- development for Block IS In Du- buoue Downtown Plaza In the City of Dubuque, Iowa: and WHEREAS. Pursuant to the Pro- visions of said Contract, the AoP'Icant submitted to the City preliminary constructionplans detailing Portions of a structure which will overhang and otherwise extend Into various pub- lic rights-of-way; and WHEREAS, the City Planner, the City Engineer's Office and the De- Partment of Urban Renewal after re- view of the preliminary construction Plans find that the redevelopment Pro- Posal submitted by the Applicant meets the oblectives of the Urban Re- newal Plan; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUOUE, IOWA: SECTION 1. That the Applicant be and it Is hereby granted the right and authority to construct and main, lain In the Main Street, Sixth Street, and Seventh Street rights-of-way. also known as Town Clock Plaza, certain Porilrns of a structure to be con• strutted on Block IS in Dubuque Downtown Plaza In the City of Du- buque, Iowa. and which land abuts the said rights-ol -way. all in con- formance with the plans attached hereto and made a Part hereof as aP )rrved by the City Manager and also on fl' 99 In the office of the Build Ing Commissloner. SECTION 2. That such construction sha'I be done under the supervision and direction of the City Manager and Building Commissioner. and In accordance with all applicable State and Federal laws and the regulations and Ordinances of the City. SECTION 3. That in consideration of the rights and privileges herein granted, the Applicant, its successors and assigns, assume any and all lia- bility for damages to person or Prop- erty which may result frvm the con- struction, existence, or maintenance of those portions of said structure which will overhang the pubic rights- of-way, and agree at Its expense to Indemnify and hold the City harmless and 10 pay on behalf of the City all sums and expenses which the City shall become obligated to pay by rea- son of the liability Imposed on the City for damages of any nature re - suiting from the construction or ex. Regular Session, April 5, 1971 141 Istence or maintenance of those por- tions Of said structure which will overhang the Public rights-ol-way, sus- tained by any Person or persons, caused by accident or otherwise. SECTION A. That In further consid- eration of the license and privileges herein granted. the Applicant, its successors and assigns, covenant and agree to include the City as an ad- ditional named Insured In an insur. ance Policy of comprehensive liability issued by a company authorized to do business In the State of Iowa. Said Policy shall be written with mini- mum limits of not less than $100,000 for iniury to any one Person, not less than $300,000 for any one accident and not less than $100.000 for property damage. The. City shall be furnished with a certified true copy of said policy to be kept on file in the Office of the City C!erk, and said policy shall also provide for at least a ten (10) days' written notice to be fur. nished the City Prior to any cancel- lation or material change in said poi lcv. SECTION S. That the Applicant, Its successors and assigns, covenant and agree that the right herein granted Is deemed a revocab a permit or revo- cable license and the same may be revoked, with or without cause, at any time by the City of Dubuque, and upon revocation of said permit or li. cense, said portion or portions of the structure in and over the public rights -M -way shall be removed by the App,lcant. SECTION 6. That in the event the Applicant, its successors or assigns fail to comply with any of the terms or Gond,tions contained herein, or In the event of revocation by the Clty of the permit or license herein granted, the App•icant, Its successors or as- signs shall, after receipt of written notice from the City Manager so to do, at the Applicant's expense, re- move said portion or portions of the structure in and over the public rights-of-wav, and in the event of its fal.ure or refusal to commence said removal within thirty (30) days of mai.ing of notice to remove same and complete same with diligence and dispatch (unless prevented by cir- cumstances beyond Control of Appll- Cant), the City shall proceed to re. move the same at Applicant's expense and assess the cost thereof against the Premises as a special tax and to dispose of said portion or Portions of the structure removed as in its sole discretion the City shall deem fit, and the App;icant, its successors or assigns shall have no claim, nor assert same, against the City, its of- ficers, emplovees or agents for anv damages whatsoever resulting from the removal of said Portion or Por- tions of said structure in and over the public rights-of-way. SECTION 7. That this Ordinance shad become effective and the rights and privileges hereunder shall accrue to the App.icant when this Ordinance has been duly adopted by the City Counc)i and accepted by the Applicant by endorsement hereon. and permis- sion herein will be binding upon the Applicant, Its successors and assigns. SECTION 8. This Ordinance shall be In full force and effect from and after Its final passage, adoption and Pub.ication as by taw provided. Passed, approved and adopted this 5th day of April, 1971. Gaylord M. Couchman Mayor Water A. Pregler Wayne A. Muldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F Frommelt City Clerk Acceptance of Ordinance No. 15.71 The First National Bank of Du. buque, Dubuque. Iowa, and the Adams Realty Corporation, owner and lessee respectively of Block 18 In Dubouue Downtown Plaza in the City of Dubuque. Iowa, having full knowl- edge and understanding of theterms and conditions of Ordinance No. 15.71, hereby accept the same as passed, approved and adopted by the Cuuncll of the City of Dubuque, and agree to comply with all of the terms and conditions contained therein. ATTEST: The first National Bank of Dubuque, Iowa By C. A. Firzlaff, Pres. William G. Kruse Exec. Vice Pres & Secy. Adams Realty Corporaflon By Geo. R. Burden, Pres, Paul L. Adams, Vice Pres. Published offlcally in The Telegraph- HeraldNewspaper this 19th day of April. 1971. Leo F. Frommelt it. 4/19 City Clerk Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. April 2, 1971 To the Honorable Mayor and City Council i am returning to you the petition of the Dubuque Insulation and Siding Company for the installa- tion of a canopy over the side- walk at 2498 Central. It is recommended that the peti- tion be granted subject to an or- dinance covering the installation. Respectfully, Gilbert D. Chavanelle City Manager Councilman Meyers moved ap. proval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 16.71 An Ordinance Authorizing Del- bert L. &r Rita Pillard to con- struct an aluminum canopy over public sidewalk as per plan, twenty-one foot wide with nine foot projection over pub- lic sidewalk. presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. 140 Regular Session, April 5, 1971 less prevented by circumstances be- yond control of Appilcnnt), the Ciry shall proceed to remove the same at Applicant's expense and assess the cost thereof against the premises as a special tax and to dispose of said pportion of the structure removed as In Its sole discretion the City shall deem fit, and thg9e Applicant, I's suc- claimrs nor Assert same., Rgalnsns shall t the City, Its officers, employees or agents for any damages whatsoever rvrult- Ing from the removal of said portion of said structure in and over th^ public right-of-way. SECTION 8. Thai this Ordinance me e shall becoffective and fhe i'g"is and pprivileges hereunder shall ac- crue to the Applicant when this Ordi- the nance C has until and accentedpby the Ap plicent by endorsement hereon, and permisslrn herein will be mding unon the Applicant, Its successors and as. signs. SECTION 9. This Ordinance shall be In full force and effect from and af. ter Its final passage, ado^f;nn and publication as by law provided. Passed, approved and adopted this Sth day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. M"'denhauer Dona'd R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Fromelt, City Clerk Acceptance of Ordinance No. 14.71 Graham's Style Store For Men, Inc., Down own Plaza loin the Cit In Dnf D;e buque. Iowa, having full knowledge and understanding of the terms and conditions of Ordinance No. 14-71, hereby accept the same as passed, approved and adopted by the Council of the City of Dubunue, ;,nd agree to comply with all of the terms and torr ditlons contained therein. Graham's Style Store For Men, Inc. By /s/ Joseph G. Graham ATTEST: /s/ Harriet M. Graham Published officially in The TelewaPh- Herald Newspaper this 14th day of April, 1971. Leo F. Frommelt City Clerk it. 4/14 Councilman Bitter moved that the rule requiring an Ordinance to he read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Bitter moved final adoption of the Ordinance. Secon- ded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 15.71 Granting the First National Bank of Dubuque, Dubuque, Iowa, and the Adams Realty Corporation the Revocable Per- mit to Construct Portions of a structure over public rights-of- way, presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 15-71 GRANTINr; THE FIRST NATIONAL BANK OF DUBUQUE, DUBUQUE, IOWA, AND THE ADAMS REALTY CORPORATION THE REVOCABLE PERMIT TO CONSTRUCT PORTIONS OF A ST RtICTIIPE OVER PUBLIC GHTS•OF WAY WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America entered Into a Loan and Capital Grant Contract Urban r tRenewal Prolect, Iowa R-15; and WHEREAS. the City of Dubuque, pursuant to the Urban Renewal Plan for sa'd Prosect, acquired real estate, relocated removed sites improvements!Isand otherwise prepared certain land for redevelopment; and WHEREAS, under date of October 6, 1970. The First National Bank of It Dubuque, Dubuque, Iowa, and the Adrefemed Rtoaas "Apo' cant") and (herein City of Dubuque (herein referred to as;Cltv") entered into a Contract foroLand for Re development for Block PBivine Du- buque Downtown Plaza In the City of Dubuque, Iowa; and WHEREAS, Pursuant to the pro- visions of said Contract, the AnWicant submitted to the City, preliminary construction plans detail(ng portions of a structure whichwill overhang and otherwise extend Into various Pub- lic rights-of-way; and WHEREAS, the City Planner, the City Engineer's Office and the De- partment of Urban Renewal after re- view of the preliminary construction plans find that the redevelopment, Pro- posal ro- nt meets the obiiectdivesyof the Urban Re. newal Pian; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- B000E. IOWA: SECTION 1. That the Applicant be and itIs hereby granted the right and authority to construct and main- tain In the Main Street, Sixth Street, and Seventh Street rights-of-way. also known as Town Clock Plaza, certain Portlrns of a structure to be con- structed on Block 18 In Dubuque Downtown Plaza in the City of Du- buque, Iowa. and which land abuts the said rights -of -way, all in con- formance with thePlans attached hereto and made a Part hereof as apprrved by the City Manager and also on file in the office of the Build- ing Commissioner. SECTION 2. That such construction sha'I be done under the supervision and direction of the City Manager and Building Commissioner, and in accordance with all Apo'Icnble State and Federal laws and the regulations and Ordinances of the City. SECTION 3. That In consideration of the rights and privileges herein granted, the APPIicant, Its successors and assigns, assume any and all lia- bility for damages to person or prop- erty which may result from the con- struction, existence, or maintenance of those portions of said structure which will overhang thepubic rights- of-way, and agree at Its expense to Indemnify and hold the City harmless and to pay on behalf of the City all sums and expenses which the City shall become obligated to pay by rea- son of the liability Imposed on the City for damages of any nature re- sultlnu from the construction or ex- Regular Session, April 5, 1971 141 istence or maintenance of those por- of the City of Dubuque, and &prep to tions of said structure which will overhang the public rights-ot-way. sus- comply with all of the terms and conditions contained therein. tained by any person or persons, caused by accident or otherwise. ATTEST: The first National Bank of SECTION 4. That in further consid- Dubuque, Iowa eration of the license and privileges granted. the Applicant, its By C . A. Flrzlaff, Pres. herein successors and assigns, covenant and William G. Kruse agree. to include the City as an ad. Exec. Vice Pres & Sec'y. dit onal named insured In an Insur' Adams Realty Corporation ante policy of comprehensive liability issued by a company authorized to By Geo. R. Burden, Pres, do business In the State of Iowa. Said policy shall be written with mint- Paul L. Adams, Vice Pres, mum limits of not less than $100,000 for injury to any one person, not less Published offically In The Telegraph - Telegraph - Herald Newspaper this 19th day than $300.000 for any one accident and less than $100,000 for properiv April. 1Ne of not da971. mage. The City shall be furnished Leo F. Frommelt City Clerk With a certified true copy of said policy to be kept on file In the Office it. 4/19 o1 the City C.erk, and said policy shall also provide for at least a ten Councilman Bitter moved final clot dans' written notice to by fur- nished the City prior to anv cancel- adoption p lation or material change in said ed by Councilman Meyers. Carried policy. SECTION 5. That the Applicant, Its by the following vote: successors and assigns, covenant and agree that the right herein granted is yeas — Mayor Y Couchman, Coun- deemed a revocab'e permit or revo- oilmen Bitter, Meyers, Molden• cable license and the same may be revcked, with or without cause, at hauer, Pregler. any time by the City of Dubuque, and ti- Nays —None. upon revocation of said permit or cense, said portion or portions o1 the structure in and over the pubic April 2, 1971 rights-cf-way shad be removed by the AppJcant. To the Honorable Mayor SECTION 6. That In the event the ;.InCity Council d Applicant, Its successors or assigns fail to comply with any of the terms or conditions contained herein, or in i am returning to you the petition the event of revocation by the City of the Dubuque Insulation and q of the permit or license herein granted the Appilcant, Its successors or as. Siding Company for the installa- signs shall, after receipt of written notice from the City Manager so to tion of a canopy over the side - do, at the Applicant's expense,re- move said portion or portions of the walk at 2498 Central. structure In and over the public rights-of-way, and In the event of its It is recommended that the peti- fakure or refusal to commence said tion be granted SUUJCCt t0 an Or• removal within thirty (30) days of mai.ing of notice to remove same and (finance covering the installation. complete same with diligence and dispatch (unless prevented by cir- Respectfully, cumstances beyond control of AppII- cant), the City shall proceed to re- Gilbert D. Chavanelle move the same at Applicant's expense and assess the Cost thereof against City Manager the premises as a special tax and to dispose of said portion or portions of the structure removed as in Its Councilman Meyers moved ap - sole discretion the city shall deem proval of the recommendation. fit, and the Applicant, Its successors or assigns shall have no claim, nor Seconded by Councilman Pregler. assert same, against the City, Its of- ficers, employees or agents for any Carried by the following vote: damages whatsoever resulting from the removal of said portion or Por- Yeas — Mayor Couchman, Coun• tions Said strucw in and over the Public rights-of-way. oilmen Bitter, Meyers, Molden- SECTION 7. That this Ordinance hauer, Pregler. shad become effective and the rights and privileges hereunder shalt accrue NAYS — None. to the App,icant when this Ordinance has been duly adopted by the City ORDINANCE No. 16.71 Councl, and accepted by the Applicant by endorsement hereon, and Permis- sion herein will be binding upon the Applicant, Its successors and assigns. bert L. $ Rita Pillard to con - SECTION 8. This Ordinance shall be In full force and effect from and struet an aluminum canopy after Its final passage, adoption and over public sidewalk as per pub.lcation as by law provided. Passed, twenty-one foot wide with approved and adopted this SM day of April, 1971. plan, nine foot projection over pub - GaY:ord M. Couchman Mayor lic sidewalk. Walter A. Preglpr Wayne A. Moldenhauer presented and read. Donald R. Meyers Joseph J. Bitter Meyersmoved t t ATTEST: Councilmen ihCouncinman had becon eo F. Frommelt City Clerk the first reading of the Ordinance. Acceptance of Ordinance No. 15-71 Seconded by Councilman Bitter. The First National Bank of Du- buque, Dubuque. Iowa, and the Carried by the following vote: Adams Really Corporation, owner and lessee respectively of Block 18 In yeas _ Mayor Couchman, COun- Dubuqque Downtown Plaza in the City of Dubuque, lows, having full kr l- cilinen Bitter, Meyers, MOlden- edge and understanding of the terms and condiJions of Ordinance No. 15-71, hauer, Pregler. hereby accept the same as passed. Nays -- None. approved and adopted by the Council 142 Regular Session, April 5, 1971 Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coll cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 16.71 An Ordinance authorizing Delbert L. & Rtillard to consan aluminum Pcanoy over Pubictside- walk as per Plan, twenty-one fool wide with nine foot projection over public sidewalk. BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: So"ien 1. That De'.bert L. B Rita Pi,lard as owners of the premises known as north 30 feet o1 Lot 7, Fos- Dubuque be, ando they tare hiereby granted the revocable license and authority to construct and maintain an and conditions tions set forter f he h In this terms Ordi- nance. section 2. That such construction shall be. done in accordance with Plans heretofore submitted by Per- mittees and approved by City Mana• ger, under the supervision and di- rection of the City Manager, and In accordance with all app.icable state and federal laws and regulations, and the Ordinances of the City of Du- buque. Section 3. That the permission here- in granted is expressly conditioned on permittees agreement to: a) Assume any and all liability for damages to Persons or Property which may result from the exist- ence, construction or maintenance of said aluminum canopy. bl To Pay on behoif of the City of Dubuqque all sums which the City of Dubuque shat, become obligated to Pay by reason of the liability Imposed upon the City of Dubuque for damages of any kind resulting from the existence, construction or maintenance of said aluminum can- opy, sustained by any Person or Persons, caused by accident or otherwise, to defend at its own ex- pense and an behalf of said City any claim against the City of Du- buque arising out of the existence, construction or maintenance of iuminum canopy; To indemnify and hold City of ubuoue free and harmless from any and all claims, loss, liability end expense for Injuries to third persons or damages to property of third Persons, or for damage to any Property of City of Dubuque which may occur as a resu,t of or In connection with the construction, maintenance and repair of the fa- cility, work or Improvement Per. mitted herein. Section 4. That the Permission here. In granted is expressly conditioned upon Permittees further agree• ment that should the right and Privilegpe herein granted be re- scind etl or revoked by theCity Council, permittees, or their cso restas sue- thesabuttinginpiocerty, shalln within thirty (30) dans after receipt of writtennotice from the City Man. ager, so to do, at their own expense, remove said aluminum canopy, and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said elum- Inum canopy, at Permittees ex- pense and dispose of the same, and the Permittees shall have no claim against the City or Its agents for damages resulting from the re. moval of said aluminum canopy, Section S. This Ordinance shall be- come effective and the rights here. under when 1thiissaiOrdinence has been adopted by the City Council and the terms and conditions there- of ccepta ncet endored sedr on thisb Ordi- nance. SM der of APpt A and d a roved this Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Councilmeitter ATTEST: Leo F. Frommelt, City Clark ACCEPTANCEE OF6 -71 ORDINANCE The undersigned having read and being and conditions familiar terms No. Ordnance o. 16.411 sorsb or (assigns case owners ofCCthe abutting Property, accept the same and agree to be bound by the conditions and agreements therein contained to be Performed by Per- mittees. Dated: 1.6.71 By /s/ Del Pillard By /s/ Rita Pillard Property Owners. Published officially in The Telegraph - Herald Newspaper this 14th day of April, 1971. LCity Clerolcmmelt It. 1/12 Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petitions of Peoples Natural Gas requesting permission to excavate. at 394 Southern Ave. and at 3048 Woodlawn, presented and read. Councilman Pregler moved ap- proval of the petitions. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Petition of Dubuque Blind Dance Committee requesting support in the join effort of the Knights of Columbus and the Masonic Lodge for sponsoring the Blind Date Dance on April 10, 1971, presented and read. Mayor Couchman moved approval of support and signed a Proclamation that the week of April 5th to 10th be observed as "Dubuque Association of the Blind Week." Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Petition of the Great A & P Tea Co. Inc. requesting a refund of $25. Regular Session, April 5, 1971 143 on the unexpired portion of cigar- ette license No. 13, as they have discontinued business on March 13, 1971, presented and read. Council- man Pregler moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Petition of the Great A do P Tea Co. Inc., requesting a refund of $112.50 on the unexpired portion of beer license No. 8, as they have discontinued business on March 13, 1971, presented and read. Council- man Pregler moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Petition of Michael Chalder re- questing a refund of $25.00 on the unexpired portion of cigarette li- cense No. 241, as he has discon. tinued business on March 13, 1971, presented and read. Councilman Pregler moved that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Petition of Josephine Burke re- questing a refund of $25.00 on the unexpired portion of cigarette li- cense No. 178, as she has discon• tinued business on March 30, 1971, presented and read. Councilman Pregler moved that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council men Bitter, Meyers, Moldenhauer Pregler. Nays—None. Petition of Earl Schumacher re questing a refund of $25.00 on the unexpired portion of cigarette li cense No. 155, as he has discon tinued business on March 1, 1971 presented and read. Councilman Pregler moved that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer Pregler. Nays—None. Petition of Clara Eickert and Cecilia and Thomas J. Manternach, requesting annexation of Lot 3 of NWY4 of NW 1/4 Section 12, Twp. 89 N.R. 2 E. 5th P. M., approxi- mately 25 acres, presented and read. Councilman Pregler moved approval of the petition. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. March 29, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a pro- posal for voluntary annexation of approximately 85 acres of land lying along the Peru Road, north of the City. The Commission has found that the property is contiguous to the present corporate limits and that municipal services can be provided to the area. Annexation of this property is in accord with the overall annevation program, and the General Develop- ment Plan for the City. It is the recommendation of the Commission that the Council accept the proposed voluntary annexation. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Pregler. Nays—Councilman Moldenhauer. RESOLUTION ANNEXING CERTAIN TERRITORY No. 94-71 WHEREAS, the owners of an area approximately 88.7 Acres in size immediately adjoining the 144 Regular Session, April 5, 1971 northerly city limits of the City of Dubuque. Iowa now voluntarily petition the City Council f an- nexation of their property oo the City of Dubuque, Iowa. WHEREAS, the inhabitants of said territory will be enabled to se- cure the benefits of city govern- ment in the way of police and fire protection if said territory is in- corporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services if territory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30 Code of Iowa, 1962, authorizes the exten. sion of city limits in situations of this character by the adoption of a resolution therefore; and WHEREAS the future growth, development, and preservation of the public health of the City of Dubuque, Iowa, makes it imperative that said territory be made a part of the City of Dubuque, Iowa; and NOW, therefore, be it resolved by the City Council of the City of Dubuque, Iowa, that the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following described real etsate: Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Lot 1 of Mineral Lot 324, Southwest One - Quarter Northwest One -Quarter of Section 12, Lot 1 North One -Half Southeast One -Quarter Northwest One -Quarter Section 12, Lot 1 or Mineral Lot 325, and Lot 3 North- west One -Quarter Northwest One - Quarter Section 12, all in Township 89 North, Range 2 East of the 5th Principal Meridian in Dubuque County, Iowa according to the re- cording to the recorded plat there- of. Passed, adopted and approved this 5th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk The property to be annexed is as shown on the plat marked Exhibit "A" and "B" attached hereto, and by this reference made a part hereof, the boundaries of said area being outlined in red thereon, The territory hereby annexed shall become and be part of the Fourteenth Voting Precinct of the City of Dubuque, Iowa. Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Pregler. Nays—Councilman Moldenhauer. April 2, 1971 To the Honorable Mayor and City Council I am attaching a letter dated March 11, received from the Acting Regional Director, Water Quality Office, Environmental Protection Agency, Region V. This letter is an offer of a Fed. eral Grant in the amount of $1,- 822,800. This assist in financing the construction of Phase II of the Sewage Plant and Force Main Pro- gram. You will recall that the engi- neer's estimate of project cost was $4,558,000, including $2,506,900 Federal assistance and $1,139,500 State assistance. The offer of Fed- eral assistance is substantially less than the estimate. No offer of State assistance has been received. Because of this situation, the Federal Environmental Protection Agency, and the Iowa State Depart- ment epartment of Health were contacted. From these sources, it appears that the best procedure is to accept the Federal offer. Since the acceptance of the offer must be on or before April 7, 1971, and must be without qualification, I request that you favorably con- sider a resolution authorizing the City Manager to accept the Federal grant offer on behalf of the City. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the Manager's request. Seconded by Councilman Molden- Regular Session, April 5, 1971 145 hauer. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, pregler. Nays—None. RESOLUTION No. 95.71 Resolution authorizing the City Manager to execute offer and ac- ceptance of Federal Grant for Sewage Treatment Works under 33 U.S.C. 466 et. seq. Project No. WPC -Iowa 460. WHEREAS, the City Manager has received an offer from the En. vironmental Protection Agency, Re- gion V. Water Quality Office, in behalf of the City of Dubuque, Iowa, to aid in the construction of a force main, and additions to the existing trickling filter plant, including a primary clarifier, two trickling filters, a recirculation force main, a sludge incinerator, four trickling filter covers and ap. purtenances. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA. That City Manager Gilbert D. Chavenelie, of the City of Dubuque, Iowa, be and he is hereby author- ized and directed to execute offer and acceptance of Federal Grant for Sewage Treatment Works un- der U.S.C. 466 et. seq., Project Number WPC -Iowa 460 on behalf of the City of Dubuque, Iowa, to aid in construction of the above mentioned specific public project. Passed, adopted and approved this 5th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Coupncilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council. men Bitter, Meyers, Moldenhauer. Pregler. Nays—None. RESOLUTION No. 96.71 AUTIiORIZING THE EXECUTION AND DELIVERY OF DEED TO KENNETH A. HARTIG FOR SALE OF LAND IN THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 WHEREAS, under date of March 31, 1971, the City of Dubuque and Kenneth A. Hartig, AKA K. A. Iiartig, entered into a Contract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private redevelopment by the said Kenneth A. Hartig; and WHEREAS, Kenneth A. Hartig has compiled with the conditions of Raid Contract and has requested the City of Dubuque execute and deliver to him a Deed for the land described herein below;; now there- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to Kenneth A. Hartig for the sale of Disposition Parcel 8 of Block 6 in the Downtown Urban Renewal Pro- ject, Iowa R-15. legally described as Block it in Dubuque Downtown Plaza in the City of Dubuque, Iowa, containing 8,347.36 square feet. Section 2. That the Director of the Department of Urban Renewal is hereby authorized and directed to deliver said Deed to Kenneth A. Hartig upon receipt of the purchase price of $41,069.01 on the basis of $4.92 per square foot. Passed, approved and adopted this 5th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adoption of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas --Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, 1'regler. Nays—None. 146 Regular Session, April 5, 1971 RESOLUTION No. 97.71 AUTHORIZING THE EXECU- TION AND DELIVERY OF DEED TD MOLO OIL COM- pANY FOR SALE OF LAND IN THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 WHEREAS, under date of Oc- tober 8, 1970, the City of Dubu- que and the Molo Oil Company entered into a Contract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private redevelopment by the said Molo Oil Company; and WHEREAS, the Molo Oil Com- pany has complied with the con- ditions of said Contract and has requested the City of Dubuque execute and deliver to them a Deed for the land described here- in; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to the Molo Oil Company for the sale of Disposition Parcel 11 of Block 8 in the Downtown Urban Renewal Project, Iowa R-15, le- gally described as Lot 1 of Block 16 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, containing 15,948.18 square feet. Section 2. That the Director of the Department of Urban Re- newal is hereby authorized and directed to deliver said Deed to the Molo Oil Company upon re- ceipt of the purchase price of $65,228.06 on the basis of $4,09 per square foot. Passed, approved and adopted this 5th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moidenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 98-71 AUTHORIZING THE EXECU- TION AND DELIVERY OF DEED TO THE FIRST NA- TIONAL BANK OF DUBUQUE, DUBUQUE, IOWA, FOR SALE OF LAND IN THE DOWN. TOWN URBAN RENEWAL PRO- JECT, IOWA R-15 WHEREAS, under date of Oc- tober 6, 1970, a Contract for the Sale of Land for Private Rede- velopment was entered into by and between The First National Bank of Dubuque, Dubuque, Iowa, and the Adams Realty Corpora- tion; and WHEREAS, The First National Bank of Dubuque, Dubuque, Iowa, and the Adams Realty Corpora- tion have complied with the con- ditions of said Contract and have requested the City of Dubuque execute and deliver to them a Deed for the land described here- in below in the name of The First National Bank of Dubuque, Dubuque, Iowa; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to The First National Bank of Dubuque, Dubuque, Iowa, for the sale of Disposition Parcels 4 and 5 of Block 8 in the Downtown Urban Renewal Project, Iowa R-15, legally described as Block 18 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, containing 23,105.52 square feet. Section 2. That the Director of the Department of Urban Renewal is hereby authorized and directed to deliver said Deed to The First National Bank of Dubuque, Dubu- que, Iowa, upon receipt of the purchase price of $116,451.82 on the basis of $5.04 per square foot. Regular Session, April 5, 1971 147 Passed, approved and adopted to basis. this 5th day of April, 1971. BE IT FURTHER RESOLVED Gaylord M. Couchman that the City Council of the City Mayor of Dubuque., Iowa, will strongly Walter A. Pregler oppose any increase in state sales Wayne A. illoldenhauer or income tax, unless the equiva. Donald R. Meyers lent of one-half of one cent of Joseph J. Bitter sales tax is returned to the cities Councilmen and towns only on a per capita basis for the benefit of their citi- zens. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to our State Represen- tatives and Senators and the League of Iowa Municipalities re- questing their vocal and active support of these measures. Passed, approved and adopted this 5th day of April, 1971, Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 99.71 WHEREAS, the City Council of Dubuque, Iowa has beenand - concerned tinues to be deeplyof with the increasing problems financing local government ser- vices for the three out of four Iowans who live in cities and Attest: towns; and Leo F. Frommelt WHEREAS, there are 670 cities City Clerk and towns levying 28 mills or Councilman Bitter moved adop- over and an additional 35 cities tion of the resolution. Seconded and towns levying an emergency by Councilman Pregler. Carried mill; and by the following vote: WHEREAS, the total debt for Yeas — Mayor Couchman, Coun- cities and towns rose $96 million cilmen Bitter, Meyers, Molden- in 1969, bringing the total debt hauer, Pregler. for cities and towns to be above Nays — None. $378 million, or 97% of total BE RESOLUTION NO. by 100-71 City operating budgets of $390 million; Council of the City of Dubuque, and WHEREAS, there is a demon- Iowa, that the following having strated need for additional non- complied with the provisions of property tax revenues to adequate- law relating to the sale of Cigar- ly finance ]oval governments; and ettes within the City of Dubuque, WHEREAS, the urban popula- Iowa, be granted a premit to sell tion has risen from 53.0 percent Cigarettes and Cigarette Papers of the total state population in within said City. 1960 to 73.2 percent in 1970; and Mary Kathryn Ford, 1027 Rhom- WIiEREAS, any tax reform berg Avenue must provide equitable tax treat- BE IT FURTHER RESOLVED ment to rural and urban citizens that the bonds filed with the appli- alike. cation be approved. NOW THEREFORE BE IT RE- Passed, adopted and approved SOLVED by the City Council of this 5th day Gaylord April, Couchman 1971. the City of Dubuque, Iowa, in re- Mayor affirmation of the policy adopted at the annual meeting of the Walter A. Pregler League of Iowa Municipalities in Do and R. Meyers September of 1970, urges the Joseph R Bitter Iowa General Assembly to in- Councilmen crease the state sales tax from 3 percent to 4 percent with the pro- ceeds being returned to cities, towns and counties on a per capi- Attest: Leo F. Frommelt, City Clerk 148 Regular Session, April 5, 1971 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor CouchmanCoun- cilmen Bitter, Meyers, Moidenhau- er, Pregler. Nays—None. RESOLUTION NO. 101.71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Bernard Norbert Newton (F.ffe(,- tive June 19-20), Riverfront Ball. park Bernard Norbert Newton (Trans. fer from Riverfront Ballpark ef- fective June 21-27), Petrakis Park Bernard Norbert Newton (Transfer from Petrakis Park effective June 28), Riverfront Ballpark Dorothy Rose Hentges, 2412 Cen- tral Avenue Carl N. Brant, 2600 Central Avenue Mary Kathryn Ford, 1027 Rhom- berg Avenue Lois M. Morarend, 700 East 16th Street Kathleen L. Wedig, 1399 Jackson Street Harry William Shetler, 1902 Cen- tral Avenue Donald P. Shanley, 1630 East 16th Street CLASS "C" BEER PERMIT Joseph R. U.nger, 486 North Grand- view Avenue John F. Thompson, 3003 Asbury Street Earl J. McNamara, 1046 University Avenue Passed, adopted and approved this 5th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauei Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by ^ouncilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- Almen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 102.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Bernard Norbert Newton (Effec- tive June 19-20), Riverfront Ball- park Bernard Norbert Newton (Transfer from Riverfront Ballpark effec- tive June 21-27), Petrakis Park Bernard Norbert Newton (Trans- fer from Petrakis Park effec- tive June 28), Riverfront Ball- park Dorothy Rose Hentges, 2412 Cen tral Avenue Carl N. Brant, 2600 Central Avenue Mary Kathryn Ford, 1027 Rhom- berg Avenue Lois M. Morarend, 700 East 16th Street Kathleen M. Wedig, 1399 Jackson Street Barry William Shetler, 1902 Cen- tral Avenue Donald P. Shanley, 1630 East 16th Street CLASS "C" BEER PERMIT Joseph R. Lenger, 486 North Grand- view Avenue John F .Thompson, 3003 Asbury Street Earl J. McNamara, 1046 University Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Regular Session, April 5, 1971 149 Passed, adopted and approved this 5th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop. tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 103.71 WHEREAS, applications for liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Dorothy Rose Hentges, 2412 Cen- tral Avenue Mary Kathryn Ford, 1027 Rhom- berg Avenue Lois M. Morarend, 700 East 16th Street Harry William Shetler, 1902 Cen- tral Avenue Passed, adopted and approved this 5th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop. tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLI TION No. 10471 WHEREAS, applications for Li- quor Permits were filed by the within named applicant, and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Dorr,ihy Rose Hentges, 2412 Cen- tral Avenue Mray Kathryn Ford, 1027 Rhom- berg Avenue Lois M. Morarend, 700 East 16th Street Harry William Shetler, 1902 Cen- tral Avenue Passed, adopted and approved this 5th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop. tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. At 9:40 P.M. Councilman Preg- ler moved to go into executive ses- sion to consider personnel appoint- ments to the Low Rent Housing Commission. Seconded by Council man Bitter. Carried by the follow- ing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. The Council reconvened in re- gular session at 10:01 P.M. and Mayor Couchman announced the appointments of Miss Florence M. 150 Regular Session, April 5, 1971 Hennig to serve to August 17, 1971 and Mrs. Paul Perry to serve until August 17, 1972 on the Low Rent Housing Commission. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 105.71 CONFIRMING THE APPOINT- MENTS OF TWO MEMBERS OF THE LOW -RENT HOUSING COMMISSION OF THE CITY OF DUBUQUE, IOWA WHEREAS, on the 17th day of August, 1970, the City Council of the City of Dubuque, Iowa, adop- ted Resolution No. 244-70 electing to exercise the powers contained in Chapter 403A of the Iowa Code of 1966, as amended, by the City Council of the City of Dubuque, Iowa, and by said City Council through a Board of Commissioners to the extent of the authority granted said Board of said City Council; and WHEREAS, on the 17th day of August, 1970, the City Council of the City of Dubuque, Iowa, adop- ted Resolution No. 245-70 con- firming the Mayor's appointment of the original Board of Commis- sioners for the Low -Rent Housing Commission of the City of Du- buque, Iowa; and WHEREAS, on the 1st day of February, 1971, the City Council of the City of Dubuque, Iowa, adopted Resolution No. 36-71 which increased the membership of the Low -Rent Housing Commis- sion of the City of Dubuque from five members to seven members; and WHEREAS, the Mayor of the City of Dubuque, pursuant to Re- solution No. 36.71 has appointed two additional members to the Board of Commissioners for the Low -Rent Housing Commission of the City of Dubuque, Iowa; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the action of the Mayor of the City of Dubu- que, Iowa, in appointing Miss Florence M. Hennig to August 17, 1971 Virginia M. Perry, to August 17, 1972 as additional Commissioners of the Low -Rent Housing Commission of the City of Dubuque, Iowa, is hereby approved and the appoint- ment of each and every one of said Commissioners is hereby con- firmed by this City Council for the period respectively designated in the Certificate of Appointment of Commissioners now on file in the office of the City Clerk. Passed, approved and adopted this 5th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk CERTIFICATE OF APPOINT- MENT OF COMMISSIONERS OF THE LOW -RENT HOUSING COMMISSION OF THE CITY OF DUBUQUE, IOWA WHEREAS, the City Council of the City of Dubuque, Iowa, held a duly authorized meeting on the 5th day of April, 1971; and WHEREAS, at said meeting Re- solution No. 105-71 was adopted, a copy of which is attached here- to and made a part hereof. NOW, THEREFORE, pursuant to the provisions of Section 403A.5 of the "Low -Rent housing Law" of the State of Iowa, and by virtue of my office as M:.yor, I hereby ap- point the two (2) persons herein- after named to serve as Commis- sioners of the Low -Rent Housing Commission of the City of Du- buque, Iowa, and to serve for the period of time appearing af- ter their names, respectively, from the 5th day of April, 1971. Miss Florence M. Hennig, to August 17, 1971 Virginia M. Perry, to August 17, 1972 IN WITNESS WHEREOF, I have hereunto signed my name as Ma- yor of the City of Dubuque, Iowa, and caused the official corporate seal of said City of Dubuque to be attached thereto this 5th day of April, 1971. Gaylord M. Couchman Mayor Attest: Leo F. Frommelt City Clerk Regular Session, April 5, 1971 11-0 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. There being no further business upon motion Councilman Bitter moved to adjourn. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Leo F. Frommelt City Clerk Approved June 28, 1971 Adopted June 28, 1971 City Clerk 152 Special Session, April 19, 1971 CITY COUNCIL OFFICIAL Special Session, April 19, 1971. Council metat 7:30 P.M. (C.S.T.) present _ Mayor Couchman, Councilmen Bitter, Meyer:, Mol- denhauer, Pregler. City Manager Gilber D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meet. ing is called for the purpose of AUTHORIZING THE PUBLICA- TION OF NOTICE OF SALE OF PROJECT NOTES FOR THE DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 IN THE AMOUNT OF $3,305,000. and act- ing upon such other business as may properly come before a re- gular meeting of the Council. April 1, 1971 Hon. Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted an exami- nation for the position of Elec- trical Insepector 1, on March 3, 1971. The following named person passed the written examination is hereby certified. McCarten, Robert A. 88.23% Respectfully submitted, LeP.oy H. Giles Chairman Gerard B. Noonan Louis F. Fautsch Commisioners Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 19 day of April, 1971. Violet Savary Notary Public Councilman Meyers moved that the communication be received and made a matter of record. Se- conded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. April 8, 1971 To the Hon. Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1971 Code of Iowa, the Civil Service Commission conducted examina- tions for the position of Plumbing April 6, 1971. The following named applicants have passed the written examina- tions with an average of 70% or better. Stonskas, Robert A. 75.45% Anderson, Alvin A. 71.81% Respectfully submitted, LeRoy H. Giles Chairman Gerard B. Noonan Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 19 day of April, 1971. Violet Savary Notary Public Councilman Pregler moved that and made a matter of record. Se- conded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of Richard J. Feyen as Chief Plumbing Inspec- tor stating that the Plumbing Board met on April 15, 1971, in response to a letter from Attor- ney Hughes in defense of Mr. Stonskas, who passed a written exam for Plumbing Inspector, and referring the grievance to the Council as a policy matter and lending their full support to Sec- tion 2 of Ordinance No. 48.70 showing the duties and quailifica- tions of Plumbing Inspectors, pre- sented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Bitter. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Pregler moved that the rules be suspended in order Special Session, April 19, 1971 153 to let anyone present address the Council if they so desire. Second- ed by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Mr. Robert Stonskas appeared before the Council and read a pre- pared statement indicating that section 2 of Ordinance No. 48-70, requiring a plumbing inspector to hold a journeyman or Master Plumber license and with five years experience, was included in the ordinance either unwittingly or by specific design to limit the number of applicants for Plumb- ing Inspector. Mr. Stonskas re- quested the Council to postpone the appointment until they re- view the Ordinance and consider some of his suggestions. Mr. Peter 1, Stonskas, father of Robert Stonskas, addressed the Council by stating that the Ordinance is discriminatory. The Council lis- tened with great interest but in- dicated they had to go along with the requiring conditions recited in the Plumbing Ordinance. Ma- yor Couchman moved that the written statement of Mr. Robert Stonskas be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of Crime Com- mission, in looking forward to the needs of the entire County in the law enforcement area, request- ing that the joint law enforcement project be brought before the vo- ters in the near future, presented and read. Councilman Pregler moved that the communication be received and filed and the Mayor respond to the Chairman of the Crime Commission and arrange for a meeting. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of Wayne Whit- tenbaugh of 2129 Foye St., ob- jecting to the prolonged hazard and nuisance of dead elm trees located next to his property on Lot 1 of 18 of Porters Sub., al- legedly owned by the City, pre- sented and read. Mayor Couchman moved that the communication be referred to the Manager and staff. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Printed Council proceedings pre- sented for the month of February 1971 for approval. Councilman Pregler moved that the Council proceedings for February 1971 be approved as printed. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. April 2, 1971 To the Honorable Mayor and City Council This is to advise that I have ap- proved the following bonds and policies, and desire to have your approval on same. COMPREHENSIVE LIABILITY Black & White, Yellow & Checker Cab Co., Inc., Insurance Company of North America William Spiegel, Grinnell Mutual Reinsurance Co. Tri-State Paving Company, Bitum- inous Casualty Corporation F. N. Smith Canter. Co., Bitum- inous Casualty Corporation SIDEWALK Heitzman Construction Co., United Pacific Insurance Co. Richard Huseman and Louis Hnte- mann, Merchants Mutual Bond- ing Co. William O'Neill, Merchants Mutual Bonding Co. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that filing of the policies and bonds be approved subject to approval of the city Solicitor. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None.