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Y Roll_36 Part 01
Start of Roll Jorm Microlab Microlab Jorm Dubuque City Hall City Council Books #36 Official Proceedings of the City Council of the City of Dubuque Iowa CITY OFFICERS FOR THE YEAR 1970 COUNCILMEN DONALD R. MEYERS, Mayor JOSEPH J. BITTER WAYNE A. MOLDENHAUER GAYLORD M. COUCHMAN WALTER A. PREGLER City 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 Administrative Assistant ........ GEORGE A. LIPPER W. KENNETH GEARHART 3-2-70 City Treasurer Library Director GERALD HIRD WILLIAM G. FULLMER City Auditor Sup't. of Parks A. G. HEITZMAN RICHARD KRAMER City Engineer Airport Manager JOHN L. WHITE JEFF MOLID City Assessor Urban Renewal Director JAMES J. GREGORY GENT M. WITTENBERG Chief of Fire Department Planning Director ROBERT N. DUNPHY DON GILSON Chief of Police Building Commissioner PERCY LUCAS DONALD J. BANDY ROBERT J. O'BRIEN Electrical Inspector 8-11-70 LUVERN C. NORTON Sup't. of Water Works Health Director J. J. HAIL KENNETH K. HAZLET, Street Department M.D. CLETUS ALLEN City Chemist Director of Recreation A. J. ROTH RICHARD J. SLATTERY Sanitary Officer Personnel Director LAVERNE GOERDT WALTER K. BOCKES Food & Restaurant Insnector Systems Director MILDRED KENNEDY NORMAN B. SHAFFER Plumbing Inspector 6-19-70 RICHARD J. FEYEN Regular meetings of the City Council are held on the First Monday of each month at 7:30 o'clock P.M. INDEX — BOOK 100 1970 SUBJECT Page A Jan. 5—American Trust & Savings Bank, appointed depos- itory of public funds. " 19—Andresen Thomas E., requesting refund on Liquor Permit No. C-5672 . ................................................ 26 " 19—Airport Dubuque Municipal, conveyance of 18.6 acres to the State Highway Commission, to be used for the improvement of U.S. Highway No. 151............................................................................. 26 Feb. 2 --Annual Fiscal Report for the City of Dubuque, 39 Iowa for the year 1969 ......................................... " 2r -ANNEXATION application by RET CORPORATION of 65.108 acres located directly south of Hemp- stead High School and adjacent to Pennsyyl- 51, 75, 101 " vania Avenue...........................................50, 2 --Andresen Thomas, granted Cigarette Permit......... 55 •' 2 --Andresen Thomas, granted Class "B" Beer Permit. 56 " 2 --Andresen Thomas, granted Class "C" Liquor Per- 56 " mit............................................................................. 2—Atlantic & Pacific Tea Company, granted Class "C" Mar. BeerPermit........................................................... 2r --Agreement between the City of Dubuque and the 56 Iowa State Highway Commission, for the instal- lation of traffic signals at 32nd and Central " Avenue..................................................................... 2—Agreement between the City of Dubuque and the 71 Iowa State Highway Commission, for the im- rovement of Rhomberg Avenue from Marshall 9treet 72 to the Eagle Point Bridge ......................... " 2—Agreement between the City of Dubuque and the Iowa State Highway Commission, for the im- provement of Central Avenue from 4th to the72 " northerly city limits ............................................... 2—Althaus Herbert E. Sr., granted Class "B" Beer 93 " Permit...................................................................... 23—Aird Jack et. al., requesting that the John F. Ken- nedy Sanitary Sewer be installed in the ditch rather than in the rear of the homes. . 10? " 23—Airport Grant Agreement with the United States of America for obtaining funds for the develop- ment of the Dubuquge Municipal Airport......... Class "B" Beer " 23—Aristo Foods of Iowa Inc., granted 111 " " Permit .• ••••'t. ........................................................... . 23—Ackerman Earl R., granted Class "B" Beer Permit. R., Class "B" Liquor Permit. 111 112 April 23—Ackerman Earl granted 6—Armed Forces Day Committee, requesting permis- " sion to hold a parade on 14 May .:................... 6—Asbury Road, improvement with Hot Mix -Hot Laid Asphaltic Concrete Paving near the Woodlawn 131, 176 " area........................................................................... 13—Allison-Henderson Park, petitions for and against the proposition of establishing a curfew for the Playground 144, 151, 153 " . ....................................142, 13—American Legion Auxiliary, requesting permission 145 to conduct a tag day ............................:................ Notice of Suit. 167 May " 4—American States Insurance. ............ 4—Aetna Casualty & Surety, Notice of Suit. ................ 167 " 25—A-1 Plumbing Cooling and Heating Co., requesting mission to excavate in the alley at 1765 Write 211 Street......................................................... 25—Airport Commission, requesting that the City So- licitor institute proceedings to acquire proper- ty from Merlin H. and Dorothy R. Bradley, and Fred E. Klett, needed for the develop- ment of the Airport Lighting System ................. .....................................................1 213, 276, 313, 352, 353 INDEX — BOOK 100 1970 SUBJECT Page A June 1—American Trust & Savings Bank, requesting con- sideration in field of data processing for the Cityof Dubuque ..................................................... " 9—American Legion, requesting permission to con- duct a Drum & Bugle parade ............................. 4—Atlantic & Pacific Tea Company, granted Cigarette Permits. .... .. ......... 15—Andresen Thomas, granted Cigarette Permit......... " 15—Althaus Herbert E., granted Cigarette Permit ........ " 15—Arthofer Don, granted Cigarette Permit ................. 15—Aristo Foods of Iowa, granted Class "C" Liquor Permit....................................................................... 29—A-1 Plumbing & Heating Co., requesting excava- tion permit for South Locust Street. ........... 29—Agreement between the City of Dubuque and In- terstate Power Company, for installation of a transmission line on Cody Drive ..................... " 29—Ames Realty Inc., purchase of property in the Downtown Urban Renewal area . ................260, " 29—Arvanitis George, granted Cigarette Permit. ........ July 6—Advisory Commission, endorsing the construction of a City Garage ..................................................... " 6—Audit Report of Flood Disaster Grant for the City ofDubuque............................................................. 6—Aeronautics and Space Administration, proposed experimental program for City of Dubuque..... " 6—Alba Cruso A., granted Cigarette Permit ................. 20—Abeln Abstract Company, purchase of Lot 2, Block 3 in Dubuque Downtown Plaza . ........................ Aug. 3—Adams Realty Corporation and First National Bank, offer to purchase property located in the downtown Urban Renewal area.............319, 3 --American Veterans of W.W. 2 and Korea, Post ?t3, granted Class "C" " 17—Agreement between the Liquor City of Dubuque and the Illinois Central Railroad Company ................... Sept. 8—Amvets requesting permission to conduct a tag day. 14—Advisory Commission, requesting reduction in the size of voting precincts ................................ 21—Agreement between the City of Dubuquqe and Du- bpique County, Iowa on Joint County -City Law Enforcement Center. 21—ANNEXATION application by Tower Investment Inc., of property south of present corporation limits in Rockdale area, consisting of 11.42 acres . ................... ............413 424, 28—Airport Commission, madvising that they are inelud- g a new hangar structure in their 1971 budget. 28—Atkinson Merlyn etal., requesting installation of sidewalks on Keokuk Street ................................. Oct. 5 ---Avoca Street, request for installation of a street > light . ................................... 12 --ANNEXATION application by Robert Waller and William J. Byrne of property lying south of corporation limits, consisting of 55.76 acres..... 12—ANNEXATION application by County Board of Supervisors of the Rockdale Road and a county road lying northerly of the Table Mound Sch Nov. 2—Agricultural ool, and Horticultural Applications for tax exemptions on parcels of !and consisting of „ ten acres or more. ....... 2 --Ace Pipe Cleaning Inc., continuation certificate..... 2—Annexation of pproperty in O'Neill's Riverview Sub, requested by Phyllis Jones . ................. 217 233 237 245 245 245 246 2.54 257 317, 372 263 263 268 268, 280 276 295, 384 321, 382 324 340 361 397 410 458, 4(f0 423 428 438, 454 459, 460 459, 460 467 471 487 INDEX - BOOK 100 1970 SUBJECT Page A 2—American Veterans of World War 11, granted Class B" Beer Permit ..................................................... 488 2—Atlantic & Pacific Tea Company, granted "C" Beer Permit. ...................................................................... 4—Advisory Commission, urging Council to adopt a 488 resolution forcing a land developer to set aside ten percent of land or cash for park & recrea- tional facilities ......................................................... 498 16—ANNEXATION of property in Shipton Addition, located both on sides of Rockdale Road and south of an extension of Southern Avenue..... 499, 500 Dec. 7—AmericanRehabilitation Foundation, requesting ermission to conduct a door to door solicita- lon. ............................................................................ 509 7—Ammari Farah, Notice of Claim ................................. 513 7—Alba Cruso A., granted Class "C" Beer Permit..... 517 14—Advisory Commission, recommending that the City should have a nationally recognized Building Code, and further recommending that a person be allowed to do his own work in his household. 521, 522 14---A-1 Plumbing Cooling & Heating Co., requesting refund on plumbing permits ................................. 14—ANNEXATION of City property (Sewage Disposal 530 property) containing 29.3 acres . ........................ 545 INDEX - BOOK 100 1970 SUBJECT B Jan. 5—Bitter Joseph J., sworn in as Councilman ............... 5--Brammer's Inc., exercising the option on lease of a portion of Lot I of Summit Place.... 5—Brunskill's Addition, rezoning of property from single family to multiple residence district cla.sification........................................................... 5—Building Permits prohibited to owners of real pro- perty which is being rezoned. ........................ 5—Bies urive Sanitary Sewer 1969, preliminaryy' plans and specifications....................................12, 82, 5—Bell Joseph E. granted Class "B" Beer Permit..... 19—Budget Amended as requested by the City Mana- ger . ..................................6, 25, 44, 109, 170. Feb. 2—Behr's Inc. authorized to construct canopies over the pudic sidewalk .............................................. " 16—Black & White, Yellow & Checker Cab Co. Inc., lia- bilitypolicy............................................................ " 16—Ball Alma, Notice of Claim. ........................... . ........... Mar. 2—Brosius Edward, objecting to the prices being paid for trees in the Urban Renewal area................. " 2—Bartels Place, Sara S. & Edward R., certification of cost of Sanitary Sewer, and establishing of a connection charge for hooking up to the eight (8) inch Sanitary Sewer ........................................ " 2- -Brown Edward G., granted Cigarette Permit......... " 2--.Bergfeld Janice M., granted Cigarette Permit......... 2—Bridge Restaurant & Lounge, granted Class "B" BeerPermit............................................................. " 2—Bergfeld Janice Marie, granted Class "B" Beer Permit....................................................................... 2—Bergfeld Janice Marie, granted Class "C" Liquor Permit....................................................................... 23—Becker & Sons Stone Company, Notice of petition, ordering the City to issue a blasting permit... 23—Ball Karl J., requesting refund on Cigarette Per- mitNo. 92................................................................. April 6—Board of Health, Regular Session ........................... " 6—Biasi C. George, complaining of unpleasant condi. tions around Oak Brook Subdivision . .............. " 6—Burke Josephine, granted Class "B" Beer Permit. 6—Brant Carl N., granted Class "B" Beer Permit....... 13—Boardman Arthur, requesting a closing time for Allison Henderson Park. ......... " 13—Begsley Fred et. al., requesting a curfew for Alli- son Henderson Park . ............................................ May 4—Bailiff of Municipal Court, salary adjustment re. commended by City Manager . ............................ 4—Beiler Fanny, requesting quit claim deed to va- cated alley abutting Lots 4 and 5 in Grandview Place........................................... . 4—Brown Edward G., requesting refund on Class "B" Beer Permit No. 115 .................... 4—Bisping Herbert F., granted Class "B" Beer Permit. 11—Becker & Sons Stone Co. liability policy .............. . " 11—Becker James G., sidewalk bond ............................... 11—Breckler Anna Mae, Notice of Claim ....................... 18—Bechen Francis Mrs. et. al., objecting to the rezon- ing of property in Block 4 of Westside Manor. " 18—Brown Louise M., requesting rezoning of property in John P. Mettels Sub No. 2 from its present classification to Local Business "B" classifica- tion. ....................................... . 25—Brown Edward G., requesting..ref..und on Class "C" Liquor Permit No. 6725 ................................. R Page l 7 9 11, 43 387, 439 20 208, 221 45, 46 59 59, 232 69 79, 80 92, 109 92 93 93, 21'2 93 100 108 115 122, 149 138 1311 143 143 164 171 171 186 192 192 192, 4'26 200 202 212 INDEX - BOOK 100 1970 SUBJECT Page B " 25—Bradley Merlin H. and Dorothy R., owners of real estate which the Airport needs for the develop. ment of the Lighting System. 213, 276, 313, 353, 354 June 1—Butler Harriet C., Notice of Claim ......................... 221 " 1—Berwanger Boiler Shop, requesting permission to let condenser units remain on top of the Wal- " ser Moving and Storage building ......................... 9—Birch Marshall R., Cigarette Permit......... 225 237 " granted 9—Baker William, granted Cigarette Permit . ............ 237 " 9—Brant Carl A., granted Cigarette Permit ................. 237 " 15—Blosch Carl, sidewalk bond . ...................................... 241 " 15—Bailey Ed, granted Cigarette Permit ......................... 245 " 15—Burgmaier John, granted Cigarette Permit. ........ 2459 499 " " 15—Bell Joseph, granted Cigarette Permit ..................... "C" 245 " 15—Brant Carl N., granted Class Liquor Permit. 246 15—Bridge Marian J., granted Cigarette Permit......... 246, 262 " " 15—Burke Josephine, granted Cigarette Permit. ........ f 29--Breitbach Ronald J., Notice o Claim 246 262 "29—Baum ....................... William, granted Cigarette Permit ................. 261 1129—Becker Robert L., granted Cigarette Permit........... 261 1129—Beecher 1129—Beidler Oil Company, granted Cigarette Permits. 261 Robert, granted Cigarette Permit. ................ 262 1129—Bradley 9129—Boge Clyde L., granted Cigarette Permit........... 262 Daniel D., granted Cigarette Permit. .......... 262, 499 " 29—Brammers Inc., granted Cigarette Permit ............... 262 " 29—Baumhover Ralph, granted Cigarette Permit. 263 to 29—Bailey Edward A., granted Class "B" Beer Permit. 253 " 29—Becker Robert L., granted Closs "C" Beer Permit. 263 " 29—Bailey Edward A., granted Class "C" Liquor Per- mit. ... .......... ..... .......................................... ................ 265 " " 29—Burke Josephine, granted Class "C" Liquor Permit. 265 29—Burroughs Jerry do Dallas Murphy, complaining of drainage problem on English Lane ................... Settlement 265, 300 July 6—Beau LeRoy F. and Rose Mary, of Suit. 270 6—Becker Minnie, Notice of Claim . ............................ 271 " " 6—Brimeyer Donald C., granted Cigarette Permit..... 276 20—Bandy Claudette C., Notice of Claim. ................ 282 " 20—Blakeman Ronald, granted Cigarette Permit......... 297 " 20—Bisping Herbert, granted Cigarette Permit. .......... 297 Aug. 3—Board of Health, Special Session ............................. 309 10—Brookside Dairy Inc., granted Class "C" Beer Per- 330,347 " 24—Blaser R439 ............... alph Notice of Claim ................................ " 24—Billington William R. Jr., Notice of Claim ............. 348 " 24—Bainbridge James R., granted Class 'B" Beer Per- ........ ....... ................. .................. mit... ....... ........ ... ...... 349 " 24—Bainbridge James R., granted Class "C" Liquor Permit....................................................................... 350 Sept. " 8—Buechel Louis, liabilityy policy . ................................ Hill Road do VerMeld Lane, installation of 358 8—Bunker street light recommended . .................................. 359 " 8—Bishops Cafeteria, granted Cigarette Permit......... 394 " 8—Baker William H., granted Class "B" Beer Permit. 395 " 8—Baker William H., granted Class "C" Liquor Per- mit............................................................................. 396 Oct. 5—Bradley Nathan C., Notice of Claim. ...................... 434 11 5—Becker Lucille W., Notice of Claim ......................... 4,14 " 5—Brimeyer Donald C., granted Class "B" Beer Per- mit............................................................................. 452 " 5—Brookside Dairy Inc., granted Class "C" Beer Per- mit............................................................................. 452 " 12—Bradley Iron Works Inc., purchase of property in Lot 2, Block 16, Riverfront Subdivision No. 3 456 " 16—Budget For The City of Dubuque For The Fiscal Year1971............................................................... 463. 467 INDEX - BOOK 100 1970 SURITECT Page B Nov. 2—Backes Leonard J., appointed to the Plumbing Board. ................................................ .--11111- * * 471 2 --Becker & Sons Stone Co., liability policy ................. 471 2—Burds Richard L., Notice of Claim ............................. 472 2—Beecher Co. Inc., granted Class "B" Beer Permit. 488 4—Bemis Harry J., Notice of Claim ............................. 492, 511 4—Blakeman Ronald L., granted Class "B" Beer Per- mit. ............................................................................ 493 4—Blakeman Ronald L., granted Class "C" Liquor Permit. .............................................. ....................... 494 Dec. 7 --Brown Irene Ann, settlement of suit ......................... 511 7—B.P.O.E. Lodge No. 297, granted Class "B" Beer Permit. ...................................................................... 7—B. P. O. E. Lodge No. 297, granted Class "C" Liqunr 517 Permit . ................ 14 Becke Florence, winner of the Pedestrianway con- 518 test for submitting the Name TOWN CLOCK PLAZA. .................................................................... 520 14—Baker Robert T., Notice of Claim ............................. 523 14—Bud et Report Of Municipality For Streets And Rrking For 1971, _ .................................................. 14—Baum William J., granted Class "B" Beer permit. 547 INDEX — BOOK 100 1970 SUBJECT Page C Jan. 5—City Council, Regular Session .................... " 5--Chavenelle Gilbert D., appointed City Manager..... t " 5 --City Manager, advising the Council of his appoint- ment of officers and personnel under his sup- ervision and control . ............................................ 1 " 5—City Manager, submitting a detailed distribution of proposed expenditures for the fiscal year 1970, and submitting an ordinance allocating and making tax appropriations of tax levies and other sources of revenue for the fiscal year 1970.................................... ..................................... 2, 3 " 5—Chavenelle Gilbert D., bond . .................................... 6 5 --City Manager, recommending the amending of the budget as adopted by Ordinance No. 1-70. .................................................. 6, 25, 109, 170, 208, 221 " 5—City of Dubuque Flood Protection Project, roadway fill for Front Street ............................................... 15, 62 " 19—City Council, Special Session ......................................... 23 " 19—City Manager, requesting that the City participate in program to establish a fund for a person to work with the Director of the League of Iowa Municipalities........................................................... 23 Feb. 2—City Council, Regular Session ..................................... 37 " 2—City Manager, recommending denial of petition of P. T. A. requesting street lights . ........................ 37 " 2—City Auditor, Treasurer and Water Department reports and a list of claims for the month oi December 1969 ......................................................... 37 " 2 --Claims for the month of December 1969, proof of publication........................................................... 37 " 2—Conlon Building Co. k Conlon Construction Co., liability policy . ................................ I....................... 38 " 16—City Council, Special Session ..................................... 58 " 16—City Manager, requesting permission to attend a Workshop at the University of Iowa ................. 58 " 16—Car Wash, recommendation of City Manager that a building permit. be issued. .................................... 59 " 16—Council proceedings for the months of August, September and October, approved as printed. 59 Mar. 2—City Council, Regular Session ..................................... 69 " 2--City-County I..aw Enforcement Center, request from the Dubuque Metropolitan Area Commission on Crime Delinquency for the establishment of a Center.....................................................69, 70, 113, 129 " 2 --Civil Service Commission, submitting report of en- trance examination for positions on the Police " Department . .......................... .70, 2—Civil Service Commission, submitting report of 116, 397 entrance examination for positions as Water Plant Operator......................................................... 70 " 2—Council proceedings for the month of November 1969, approved as printed ..................................... 70 " 2 --City Manager, recommending installation of street lights on Kaufmann Avenue ................................. 71 " 2—City Auditor, Treasurer and Water Department, reports and a list of claims for the month " of January 1970 . .................................................... 2—Claims for the month of January 1970, proof of 71 " publication............................................................... 2—Connolly Jane Ann, Notice of Claim ......................... 71 74 " 2—Chew Patrick, requesting rezoning of propertv in Westside Manor Subdivision from Single Fam- ily to Local Business B" Classification ............. ........................................................ 75, 140, 152, 200, 222 INDEX — BOOK 100 1970 SUBJECT ---- -- - — Page C " 2—City Hall, Third Floor, report of Rossiter & Hamm, Architects & Engineers on the feasibility of rem,)deling the 3rd floor ..................................... 95, 118 " 23 --City Council, Special Session ..................................... 96 " 23—Council proceedings for the month of December 1969, approved as panted ..................................... 97 " 23 --laity Auditor, Treasurer and Water Department, re- ports and a list of claims for the month of February1P70......................................................... " 23—Claims for the month of February 1970, proof of 97 publication............................................................... 97 " 23—Conlon Construction Co., sidewalk bond. ............ 97 " 23 --City Clerk, authorized to sign papers on behalf of City Manager . .................................................... 97 " 23—Conzett William A., Notice of Claim ......................... 100, 491 " 23—Canfield Hotel Inc., requesting definite action on for property purchased from LJrban Renewal parking lot purposes . ............................................ United 108 23—City of Dubuque Grant Agreement with the States of Amer.ca for the development of the Municipal Airport ................................................... 110 " 23—Chalder Michael R., granted Class "B" Beer Permit, III " 23—Chaider Michael R., granted Class "C" Liquor Permit....................................................................... 112 April 6—City Council, Regular Session ..................................... 116 of " 6—Civil Service Commission, submitting report of entrance examination for positions on the Department............................................................. 116, 397 " 6—Culver, Congressman John C. communication re- garding refusal of the Odice of the Civil De- fense to grant application for architect's fees for a portion of the 9th Street Engine House. 118 " 6—Chapman Myrtle, Notice of Claim . .......................... 120 " 6—City Solicitor, advising Council that he will attend a Seminar relative to adopting an ordinance for the closing hour of Allison Henderson Park. 121, 143 " 6—Cox Roger B., regquesting rezoning of Lot 2 and part of Lot 3 of M. L. 178 to Two Family Resi• dence District Classification ................................. 122 " 6—CITY OF DUBUQUE 1970 CONCRETE CURB AND GUTTER PROJECT NO. 1 .................129, 174, 225, 541 " 6—CITY OF DUBUQUE 1970 HOT MIX -HOT LAID ASPHALTIC CONCRETE PAVING PROJECT NO. 1 . ..........................................131. 176, 212, 226, 542 " 6—Central Avenue, improvement with Hot Mix -Hot Laid Asphaltic concrete paving from the N.P.L.of Ninth Street to the N.P.L. of Lot 2 of Lot 2 of Mineral Lot 353 ............................... ............. " 132, 176 6—CITY OF DUBUQUE 1970 BITUMINOUS CON. CRETE PAVING PROJECT NO. 1 ..................... ••••• ...................I' 134, 180, 227, 502, 535, " 6—CITY OF DUBUQUE 1970 CONCRETE PAVING 538, 539 WITH INTEGRAL CURB PROJECT NO. 1. ......... ............................ I .... .... 136, " 13—City Council, Special Session: ............"I.,................... " 180, 227 140 13 --City Solicitor, submitting opinion concerning the Allison -Henderson Park episodes, and recom- mending that the Council provide another site for the Allison -Henderson group . .................... " 20 --City Council. Special Session 143 ............................ " 20—County-City Authority, submitting report for the 149 year 1969 ............................. " 20—City Auditor, Treasurer and Water Department, re- ports and 149 a list of claims for the month of March1970 ............................................................... 150 INDEX — BOOK 100 1970 SUBJECT Page C " 20—Crissy Drive residents complaining of water drain- age due to the lack of a storm sewer on Crissy Drive......................................................................... 1.53 May 4—City Council, Regular Session ..................................... 1.63 " 4—Crime Commission, submitting a resolution con- cerning the feasibility of financing a study of a joint law enforcement facility ......................... 163 " 4—Claims for the month of March 1970, proof of publication............................................................... 163 " 4—City Manager, recommending salary adjustment for the Clerk and the Bailiff of the Municipal Court......................................................................... 164 " 4—City Manager, advising that the alley running from Glen Oak Street to Vernon Street will be re- activated, and, Ridgeway Avenue will be seal- coated....................................................................... 165 " 4—City Manager, recommending denial of petition of Hillcrest Investment Inc., requesting a storm sewer through their property . ............................ 165 " 4—City Manager, recommending that the 1970 "Dog Pound" budget appropriation be increased by $3,000 ........................................................................ 170 " 4—Conrad Vincent A., granted Class "B" Beer Permit. 186 " 4—Conrad Vincent A., granted Class "C" Liquor Permit....................................................................... 187 " 4—City Assessor, recommending settlement with Rashek Realty on real estate assessment......... 188 " 4—City Assessor, recommending settlement with Ken- nedy Mall Inc. on real estate assessment......... 189 " 11—City Council, Special Session . .................................... " 191 11—Civil Service Commission, submitting report of examination fox- position of Housing Inspector. 1.91 " 11—Clark Oil & Refining Corporation, requesting rent- al of city owned property adjacent to their Dodge Street Service Station . ............................ 193, 251 18—City Council, Special Session . .................................... 198 " 18—City Auditor, Treasurer and Water Department, reports and a list of claims for the month of April1970................................................................. 198 " 18—City Manager, recommending extension of closing hours for the Parking Ramps and further recommending an adjustment of parking rates. 198 " 18—City Engineer, recommending that Harold & Rob- ert Molo be granted permission to construct a sanitary sewer on John F. Kennedy Road......... 199 " 18—Conlon Construction Co., requesting that a con- be if tract for the Pedestrianway not awarded it is not in accordance with plans and spec- ifications as advertised . ........................................ 207, 209 " 25—City Council, Special Session . .................................... 209 " 25—Connery William T. and Lucina G., conveyance of Lot 2 of Sub of Lot 4 and Lot 2 of the Sub of Lot 3 of Gilliam's Subdivision to the City of Dubuque................................................................. 213 June 1—Ctiy Council, Regular Session ..................................... 217 " 1—Claims for the month of April 1970, proof of publi- cation......................................................................... 217 " 1—Council proceedings for the months of January and February 1970, approved as printed......... 217 " 8—City Council, Special Session . .................................... 231 " 9—City Council, Adjourned Special Session . ............ 232 " 9—Conrad Vincent, granted Cigarette Permit ............. 237 " 9—Chalder Florence E., granted Cigarette Permit. 237 " 9—Canfield hotel, granted Cigarette Permit ................. 237 " 9—Cremer Ralph J., granted Cigarette Permit. ........ 237 INDEX — BOOK 100 1970 SUBJECT Page C " 9 --Corbett Earl G., granted Cigarette Permit . ........ .... 237 " 15 --City Council, Special Session . ................................ " 15—City Manager, reporting on request for use of 240 JacksonPark. ....................................................... " 15—City Manager, submitting copy of certified audit 240 report of Parking Funds for 1969 . .................... " 15—City of Dubuque 1969 Concrete Curb and Gutter 240 Project No. 1, completed and accepted. ........ 244 " 15 ---Clark Super 100, granted Cigarette Permit ............. 245 " 15—Chew Patrick, granted Cigarette Permit. ............ 246, 262 " 15 --Conrad Vincent, granted Cigarette Permit- ...... 246, 262 " 15—CROSSROADS, petitions requesting enactment and enforcement of laws and ordinances to control ouse................................. the Crossroads coffee house, .. .............................. 247, 249 „ 29—City Council, Special Session ..................................... 249 " 29—City Managger, submitting report on Burden Av- enue playground . ..................................... 250 " 29—City Auditor, Treasurer and Water Department reports and a list of claims for the month o1` May1970................................................................... 250 " 29 --Claims for the month of May 1970, proof of publi- cation......................................................................... 250 " 29 --Cullen Charles W. et al., requesting stop signs at the intersection of Goethe and Sheridan Streets. 254 " 29—Cody Drive, installation of street lights recom. mended..................................................................... 256 " 29—Cock 'n Bull, granted Cigarette Permit ..................... 262 " 29--Creslanes Bowling Inc., granted Cigarette Permit. 262 " 29—Cahill Robert E., granted Cigarette Permit. ........ 262 " 29—Creslanes Bowling Inc., granted Class "C" Liquor Permit....................................................................... 265 " 29—COUNTY-CITY OF DUBUQUE AUTHORITY, ap. pointment of Raymond Goedken as Commis- sioner......................................................................... 265 July 6—City Council, Regular Session . ................................ 267 " 20—City Council, Special Session ............................. . .... " 20 279 --Council proceedings for the months of March and April, 1970, approved as printed . .................... 279 " 20 --City Auditor, Treasurer and Water Department, reports and claims for the month of June, 1970 . ................ .......................................................... 280 " 20—City Manager, requegstinF permission to attend a conference in San Diego . .................................... 280 " 20—Canfield Hotel, requesting installation of a street light. ................................ " 20—CITY OF DUBUQUE 1969 CONCRETE CURB & 285 GUTTER PROJECT NO. 1, schedule of assess- ments. ........................................... .. ............................. 20—Chalder Michael, granted Cigarette Permit " 285 297 ............. 27 --City Council, Special Session . .................................... " 300 27 --Claims for the month of June 1970, proof of pub- lication . ....................... " 27 --Connolly Howard & Ann, Notice of Claim............ 301 Aug. 3—City Council, Regular Session . ................ " 3—City Manager, 310 submitting audit of the 1969 City Records, certified by O'Connor, Brooks, Ahr. endt and Brooks ................. " 310 ............. 3—City Manager recommending installation of a street light on Iowa Street near 4th " 311 ................. 3—Conrad Plumbing & Heating Co., requesting refund on a heating permit . ............................................ " 313 3--Creslanes BowlingInc., s Permit. granted Class "B" Beer ...................................................................... 10—City Council, Special Session . .................................... 323 326 INDEX - BOOK 100 1970 SUBJECT Page C 10—CITY OF DUBUQUE HOT MIX -HOT LAID AS- PHALTIC CONCRETE PAVING PROJECT FOR 1969, completed and accepted. ........327, 361, 362, 364 " 10--Coriell's Dubuque, Lot 32A and Lot 40A, approval ofplat....................................................................... 329 " 17—City Council, Special Session . .................................... 332 " 17—City Auditor, reports and a list of claims for the month of July 1970 ................................................. 332 " 24—City Council, Special Session . .................................... 343 " 24—City Manager, recommending that structures locat- ed at 942 Dodge Street and at 1203 Grove Ter- race (garages) be dismantled and the premises cleaned up . ................................343, 344, 420, 486, 534 " 24—Claims for the month of July 1970, proof of publi- cation......................................................................... 346 " 24—Colt 45 Drum & Bugle Corps, requesting permis- sion to have a concession stand located at the end of the parade route ......................................... 346 " 24—City of Dubuque, contract with the Iowa State Highway Commission for maintenance of pri- mary road extensions within the city . ............ 346 Sept. 7—City Council, Regular Session . ................................ 357 " 8—City Council, Adjourned Regular Session ................. 358 " 8 --Conrad Paint & Hardware Inc. & Conrad Plumbing & Heating Inc., liability policy . ........................ 358 " 8—Council proceedings for the month of May 1970, approved as printed . ............................................ 358 " 14—City Council, Special Session ........ _........................... 397 " 21—City Council, Special Session . .............. ......... 401,............. " 28—City Council, Special Session .................. ................... 423 > 28—Carnegie Stout Library, submitting proposal for purchase of a Bookmobile . ................................ 423 " 28 --Curtis Straub Company, liability policy ..................... 425 " 28—City Treasurer, Auditor and Water Department, re- ports and a list of claims for the month of August, 1970............................................................. 425 " 28—Claims for the month of August, 1970, proof of publication............................................................... 425 " 28 --Council proceedings for the month of June, 1970, approved as printed . .............................................. 425 28—CITY OF DUBUQUE 1969 BITUMINOUS CON- CRETE PAVING PROJECT NO. 1., completed and accepted . ................................................ 429, 475, 476 " 28—Commodity Warehousing Corporation of Chicago, Agreement with the City of Dubuque for the purchase of Lot 1 of 1 of Block 5 in River Front Subdivision No. 3 cancelled and down payment of $5000 forfeited . ................................ 430 Oct. 5 --City Council, Regular Session . .................................. 433 5—Conrad Plumbing & Heating Co., requesting exca- vation permit at 901 West Third St . ................ 439 " " 12—City Council Special Session . .................................... 12—City Council, supporting a proposed statewide 454 sales tax which, in turn, would be distributed to cities and towns on a per capita basis......... 455 " 16—City Council, Special Session . .................................... 463 Nov. 2—City Council, Regular Session ..................................... 467 " 2—Chamber of Commerce, commending the City on the 1971 Budget presentation . ............................ 467 " 2 --Chicago, Milwaukee, St. Paul & Pacific Railroad, relative to the operating and maintenance of traffic signals from 12th to 17th Street ............. 470, 511 " 2—Council proceedings for the month of July, 1970, approved as printed . ............................................ 470 MEX_ BOOK 10 Page 1970 SUBJECT 2...City Treasurer, Auditor and Water Department reports and a list of claims for the month of September 1970 2 Claims for the month of September, 1970, proof of publication 14—City Manager, requesting that O'Connor Brooks, Ahrendt and Brooks conduct the audit of the For Municipal 2 Chalder Florence E., granted Class "C" Beer Permit City Auditor and City Treasurer, reports and a list of claims for the moth of October 1970 Streets _ . Session . 549 n INDEX — BOOK 100 1970 SUBJECT Page D Jan. 5—Dubuque Bank & Trust Company, appointed of- ficial depository of public funds ......................... 2 " 19—Dubuque county Medical Society, requesting the City to underwrite any deficiency in the cost of immunizing children against Rubella or Ger- man measles............................................................. 26 " 19—Dubuque Association of the Blind, requesting per- mission to conduct a candy sale ......................... 26, 46 Feb. 16—Dubuque Plumbing & Heating Co., liability policy. 59 Mar. 2 --Dubuque Metropolitan Area Commission on Crime and Delinquency, requesting consideration on the establishment of a City CountyLaw En- forcement Center ..................................................... 69, 70 " 2—Daughters of Union Veterans, Mary Agard Tent Tent No. 35, requesting permission to conduct tagdays..................................................................... 93 " 2—D.B.Q. Inc., granted Class "B" Beer Permit. ........ 93 " 2—Deutsch Florance T., granted Class "C" Liquor Permit....................................................................... 93 " 23—Dubuque Historical Society, relative to condition of the Hamm House . ............................................ 96 " 23—Dubuque County Conservation Smiety, expressing appreciation for the City Engineer submitting an account of the new Sewage Disposal plant and on Pollution..................................................... 96 " 23—Deutsch Florance, granted Class '`B" Beer Permit. 111 April 6—Dubuque Symphony Orchestra Auxiliary, announ- cing, their program for the season by having a ticket drive......................................................... 119 " 6—Davis Earl C., et. al., requesting relief from drain- age problem caused by storm water from Lu- ther Manor and west side of St. Anne's Drive. 122 " 6—Dubuque Advisory Commission, requesting the land Council to adopt a resolution whereby developers would set aside 10% of land in sub- divisions for recreation purposes ....................... 122 " 13—Dubuque Tot Lot Association Inc., liability policy. 140 " 13—Daniels Street, request for installation of street 140 lights......................................................................... 140 " 13—Dubuque Area Legal Services Agency, requesting May 1 Law Day 145 " Mayor to proclaim as . ............ Inc., Class 13—Dubuque Yacht Basin granted BeerPermit........................................................... 146 " 20—Dubuque County Library Study Committee, submit- " tingreport............................................................. 149 20—Dubuque Cheese Factory, requesting permission to connect to the sanitary sewer ......................... 153 May 4—Dog Pound budget appropriation for 1970, recom- mendation of the City Manager that it be in- creased by $3,000 . ................................................ 169 " 4—Dubuquette Drill and Color Guard, requesting per- mission to sell buttons to support their ac- tivities....................................................................... 171 " 4—Dubuque Memorial Day Parade Committee, re- questing permission to hold a parade................. 171 " 18—DBQ Inc., granted Class "C" Liquor Permit ............. 207 " 25—Dubuquge Packing Co., requesting vacation and Sycamore Street. conveyance of portion of ................................................................ 212, 218, 243, 291 June 1—Donovan Construction Co., sidewalk bond . ............ 217 It 1—Dubuque Blacktop Co. Inc., granted permission to attach four compressor units for Air Condition- ing on the rear wall over public alley at 1473 Central Avenue ....................................................... 223, 224 INDEX - BOOK 100 1970 SUBJECT - — -- Page D " 1—Dubuque Golf & Country Club, granted Class "B" BeerPermit............................................................. 229 1—Dubuque Golf Country Club, granted Class "A" 229 LiquorPermit......................................................... 9—Dorweiler Delos A. & Lois M., requgesting rezoning of property in Westchester Subdivision from Multiple Family to Multiple Family with Pro- fessional use classification . ................................ 234, 282 " 9—Dubuque Community School District, requesting permission to use fireworks at the home foot- 234 ballgames................................................................. " 9—Dubuquge Packing Company, granted Cigarette Permit...................................................................... 237 " 9—Dubuque Golf & Country Club, granted Cigarette Permit..................................................................... 237 " 9—Diener Joseph L., granted Class "C" liquor Permit. 239 " 15—Dubuque Sertoma Club, liability policy ..................... 241 " 15—Dubuquqe Marina, granted Cigarette Permit......... 245 245 " 15—D.A.V. Club, granted Cigarette Permit ..................... "15—Diener 245 Joseph, granted Cigarette Permit . ............ 11 29—Dewey Lyle, settlement of claim . ............................ 252 " 29—Dunbar Linme, granted Cigarette Permit . ............ 261 " 29—Dunne Bill, granted Cigarette Permit ..................... 262 " 29—Donovan Melville E., granted Cigarette Permit..... 262 " 29—Deutsch Florance, granted Cigarette Permit......... 262 " 29—Dubuque Yacht Basin, granted Cigarette Permit. 263 July 6—D.B.Q. Inc., granted Cigarette Permit . ................ 277 " 20—Dubuque Auto Exchange Co., requesting replace- ment of a street, light . ........................................ 285 " 27—Duggan Marie, requesting a street light at Harold & Clarke Drive......................................................... 301 " 27—Dubuque Vaccum and Sewing Center, requesting Permission to have a "Maxwell Street" sale. 301 " 27—D.A.V. Fighting Back Chapter No. 6, requesting permission for a tag day . .................................... 302 Aug. 3—Driscoll Earl D., sidewalk bond . ............................ 310 " 10—Dubuque Sertoma Club, requesting permission to sell light bulbs for Retarded Children's Day. 326 " 10—Dubuque County Fair, requesting proclamation of County Fair Week . ................................................ 326 " 24—Detablan Emma Mrs„ ordered to dismantle and clean up premises located at 942 Dodge Street. ...... .................................. 243, 344, 520, 534 Sept. 8—Dubuque Community......... School District, requesting annexation of the Table Mound School site. 361 " 21—Donovan Gerald, Notice of Claim . ........................ 404 Oct. 5—Disabled American Veterans Club Inc., granted Class "B" Beer Permit . ........................................ 452 " 12---Dalsing Frieda, Notice of Claim ................................. 454 Nov, 2—Davis James C. appointed to the plumbing Board. " 2—Duncan 471 Malaciii Jr., appointed to the Human Rights Commission . ............................................... 489 Dec. 7—Dubuquqe County Tuberculosis and Respiratory Disease Association, requesting permission to have a bangle day . .................. " 515 7—Disabled American Veterans Inc., granted Class "C" Liquor Permit ...................... ........................... 518 INDEX — BOOK 100 1970 SUBJECT Page E Jan. 19—Eska Company, purchase of Lot 3 of Lot 1 of Block 5, Riverfront Subdivision No. 3 . ........................ 35, 78 Feb. 2—Eisenhower P.T.A., petition for street light denied. 37 16—Easter Seal Society of Iowa for Crippled Children, requesting permission to conduct a tag day. 60 Mar. 2---Erschen Alice H., granted Class "B" Beer Permit. 93 " 2—Eagles Lodge Aerie No. 568, granted Class "C" LiquorPermit......................................................... 93 " 23—Eisbach Paul, granted Cigarette Permit . ................ 11.1 April 6—Edwards Construction Company, sidewalk bond. 117 " 6—Eagle Point Park, improvement with Bituminous Concrete Paving . .................................................... 134, 180 June 2—Ecumenical Housing Inc., requesting participation in the Federal Rent Supplement Program in conjunction with the Kennedy Manor project. 219 " 15—Elks Club, granted Cigarette Permit . .................... 245 " 15—Eagles Club, granted Cigarette Permit ..................... 246 29—Edith Street Sanitary Sewer Extension, preliminary estimate..................................................................... 257 " 29—Erschen Alice, granted Cigarette Permit ................. 261 " 29—Eichorn Lester & Marie, granted Cigarette Permit. 261 " 29—Ellis Victoria, granted Cigarette Permit ................. 261 " 29—Erschen Alice, granted Class "C" Liquqor Permit. 26.5 July 6—Evarts Gene, granted Cigarette Permit ..................... 276 " 6—Evarts Gene, granted Class "C" Beer Permit. .... 277 Aug. 24—ELECTION on County -City Law Enforcement Cen- ter to be placed on November ballot . ............ .......... 352, 401, 410, 424, 446, 447, 448, 487, 492 Oct. 12•—Erne Marjorie, Notice of Claim . ............................ 454 Nov. 2—Ehlers Donald H., appointed to the Electrical Board of Appeal ..................................................... 489 " 4—Ellsworth Theodore, report submitted by the City Solicitor..................................................................... 495, 497 Dec. 7—Edwards & Sons Construction Co., requesting re- zoning of property in Duggan Farm from Sin- gle Family to Multiple Family classification. 515 " 14—Emergency Fund, transfer of $93,036.97 to the Public Safety Fund ................................................. 543 " 14—Ehrlich Thomas Frederick and Rosalyn, convey- ance of property to the City of Dubuque......... 545 INDEX — BOOK 100 1970 SUBJECT page F Jan. 5.—Frommelt Leo F., appointed City Clerk ................. 1 " 5 ---First National Bank, appointed official depository of public funds ..................................... 1 " — 5 --Flood Protection Project, City Engineer requesting U.S. Corps of Engineers to include roadway fill on Front Street and a road ramp at Haw- thorne Street, and one at Shiras Avenue......... " 15, 62 5—Fischer & Company Inc., offer to purchase proper- ty in the downtown Urban Renewal area lo- „ cated at 8th & Locust Streets. ....16, 17, 19, 20, 294 19—Finn Michael J., Notice of Claim_ ........................ " 24 19—Finley Hospital (Sunshine Circle) requesting re- fund on Cigarette Permit No. 109 . ............ 26 Feb. 16—First National Bank, presenting the City of Du- buque with a check in the amount of $5,000 to be used in connection with the new Pedes• trianwayMall. ........................................................ Mar. 2—Fens Adele, granted Class "B" Beer Permit.... 64 93 2—Fischer Bowling Lanes Inc., granted Class "B" Beer Permit „ ............................................................. 23 --Furry Dale, Notice of Suit. " 93 99 23 --"Finley Hospital Week" proclamation. April 6—Flood Insurance Program for the City of Dubuque. 117, 6—Fenelon Place, improvement with Bituminous Con- 268 crete Paving from E.P.L. of Burch Street „ to E.P.L. of Raymond Place . ............................ 6—Fifth Street, improvement with Concrete Paving with Integral Curb from Locust Street 134. 180 to Cen- tral Avenue. ........................... 13 --Flynn Company Inc., side........walk bond. 13—Ferris Robert Mrs., objecting to youths taking 136, 184 140 H over " e son Playground 13—FauAllison .............. ..... g reappointed to the Civil Service „ Commission 142 ........................................ 20—Fleming Thomas Mrs., a ""............. pp°inted to the Low Rent 147 Housing Agency. May 4—Flynn Ready -Mix Com-- ...............'........ .......... 161, 187 P y, grant of easement for Flood Protection Works June .............. 1—First Fresbyterian Church, requesting traffic lights at Grandview, Grace and Delhi, 172 and also " nagreemenvw 9—FirstlNatib National Bank with the City of Dubuque Urban Renewal Department 225 for the acquisition and development of land in the Ur- ban " 9--Feldem nenewal Laverne,Area " gr ............................236, 296, 321, 382 nClub, ted garette Permit. .... 9—Fischer Bowling Lanes „Permit. granted Cigarette 237 ...........................................*e,d ....... . 9—Fischer Bowling Lanes Club, ' ' granted "C" 237 Liquor Permit. Clasa 15—Fondell &Sons Inc.. ,...'."pp' .......I .................... 15—Fischer 238 &Company Ineb liabitolicy' " 15—Fettgather Ramona, y policy.... " 240 245 15 --Fuller, Don, Erne & Lee granted Cigaret " 15—Fries Cyril J., te P emit. 245 granted Cigarette Permit. " 15 --Fens Adele, • granted Cigarette Permit. 29—Fenelon Patrick, 245 245 „ granted Cigarette Permit... .... 299--Ferring Theodore J., " 246 261 granted Cigarette Permit.... 29—Friedman Leona R..granted Cigarette Permit. 29 --Fink Milton F., 261 ... granted Cigarette Permit „ 29 --Frederick Carl, granted Cigarette Permit. ........ 29—Fraternal Order 262 262 ........... of Eagles No. 568, granted Cigar• „ ette Permit. 262 ......... . 29--Fettgather Ramona, "n "C' .. ' ' " granted Class "C" or 263 mit. ............................... Liquor Per- ................. ......... 265 INDEX — BOOK 100 1970 SUBJECT Page F July 6—Flood Disaster Grant, Audit Report of the State ofIowa . .... ........................................ 111*1* 268 :* 6—Fire Fighters Ass'n. requesting permission to ad- dress the City Council . ........................................ 272, 399 20—Fullmer William G., Library Director, explaining to the Council remarks made by him and print- ed in the newspaper concerning construction of a new library . ................................................ 279 20—Frederick Roy, sidewalk bond . ................................ 279 20—Frommelt S. J., requesting permission to excavate in Huff Street . ........................................................ 285 27—Fire Engine Bids to be received for a New Pump- ingEngine . .............................................................. 300, 428 Aug. 3—Fourth & Iowa Streets, installation of a street light recommended ................................................. 311 3—Fire Limits for the City of Dubuque revised to con- form to the recommendations in the American Insurance Association report . ............................ 311, 312 3—Fettgather Ramona, granted Class "B" Beer Permit. to 323 10—Fondell & Sons Inc., requqesting permission excavate in South Booth Street . .................... 326 17—Fleming Mary C., appointed to the Low Rent Housing Commission . ............................................ 336 24—Fleege, Dora, Donald and Lorin, and John & Agnes Weida, ordered to dismantle and clean up premises located at 1203 Grove Terrace. (gar- ages) . ........................................................344, 420, 485, 486 Sept. 8—Fire Station at 9th & Iowa Streets vacated. ........ 359, 416 8—Ferring Theodore J., granted Class "B" Beer Per- mit. ............... I ............................................................ 395 8—Friedman Leona R., granted Class "B" Beer Permit. 395 14—Frommelt Leo F., authorized to sign city papers in absence of City Manager . .................................... 398 Oct. 5—Fries Cyril J., granted Class "B" Beer Permit. 452 11 5—Fries Cyril J., granted Class "C" Liquor Permit. 453 Nov. 2 --Foran At. A., Notice of Claim ..................................... 472 2—Freiburger Cletus et. al., reqquesting rezoning of Lot 2 of MeDanicls Park Hill Subdivision to Multiple Family classification . ............................474 2—Freeman Dorothy K., settlement of suit ................. 491 16 --Fire Code, recommendation of the Dubuque Code. Committee that the 1695 Fire Prevention Code be amended to the new 1970 Code . ............ 498, 513 Dec. 7—Fraternal Order of Eagles, granted Cigarette Per- mit. ............................................................................ 517 7—Fraternal Order of Eagles, granted Class "B" Beer Permit. ...................................................................... 517 7—Felderman Laverne G., granted Class "C" Beer Permit. ...................................................................... 517 7—Fraternal Order of Eagles, granted Class "C" Liq- uorPermit . .............................................................. 518 INDEX — BOOK 100 1970 — --- — SUBJECT Page G Feb. 2 --Gemini Inc., requesting permission to conduct an 47 " UptownArt Fair ..................................................... 2 --Grant of Easement of Retirement Investment Corporation to the City of Dubuque, Iowa. ... 48 " 2—Gish Paul, reappointed to the Human Rights 57, 332 " Commission............................................................. 16—Grant of Eastment of Thruput Terminals for Flood Protection Works . .................................................. 61 Mar. 2—Green Marie, Notice of Claim ..................................... 74, 98 Aril 6—Glynn Sally Notice of Claim ..................................... 120 6 --Gross Patrick G., requesting vacation of a portion of alley abutting Lot 32 of C. A. Voelker Ad- dition off of Paul Street . .................................... 122 " 6—Grass Leo B., requesting refund on Class 'B" Beer PermitNo. 69 . .................................................... 122 " 6 --Grass Leo B., requesting refund on Cigarette PermitNo. 96 . ........................................................ 123 " 6—Grandview Avenue, improvement with Hot Mix - Hot Laid Asphaltic Concrete Paving from the S.P.L. of Kerrigan Road to the south end of street......................................................................... 132, 176 " G--Greteman N. J., reappointed to the Police -Fire Pension & Retirement Board. ............................ 139 " 13 --Gemini Inc., liability policy ......................................... 140 " 13—Grass Leo B., requesting refund on Class "C" " Liquor Permit No. 3470 . .................... q ................ 146 20—Grant James Mrs., appointed to the Low Rent Hous - IngAgency ............................................................. ]61, 1tZ'i May 4—Grant of Easement by the Sisters of The Presenta- " tion to the City of Dubuque ................................. 18--Gantert "B" 173 Harry N., granted Class Beer Permit. 206 June 1 --Giunta Marco, granted Class "B" Beer Permit.... 206 " 15--Goerdt Construction Co., liability policy ................. 240 " 15—Gordon Lorraine, granted Cigarette Permit. .. 245 " 15—George Francais F. & John G., granted Cigarette Permit. ................ ...................................................... 245 " 15—Gantert Harry, granted Cigarette Permit. ........... 245 " 15—Giunta Marco, granted Ci%arette Permit ................ 245 " 15--Golinvaux Charles, granted Cigarette Permit........ 245 " " 15—Gordon Lorraine, granted Class "C" Liquor Permit. 246 " 15 ---Glynn John F., granted Cigarette Permit. .......... 246, 262 15 --Glynn John J., granted Cigarette Permit. 29—Gantert Harry N., granted Class "("'Liquor Permit. 265 29---Goedken Raymong, appointed Commissioner of the COUNTY -CITY OF DUBUQUE AUTHOR- July ITY. ...... ........................................... .... 6 --Garage Municipal, endorsement of the Advisory 265 Commission for the construction and financ. Aug. ing.........................................267, ..... .. ..... 3—Graham's Style Store For Men Inc., offer to pur- 393, 445 chase property in the Downtown Urban Re- " newal area.........................................................319, 3 --Giunta Marco, " 17—Grant James W., nted Class C' Liquor Permit. 384, 502 3'24 appointed to the Low Rent Hous - ng Commission ....................... 17 --Ginter Joseph & Donna, granted Cigarette: Permit. 17 --Ginter Donna, 336 339 " granted Class "B" Beer Permit. .... 17—Ginter Donna, granted Class "C" Liquor Permit. 339 Sept. 8—GARAGE preliminary plans and specifications for 340 the construction of a Municipal Garage for the City of Dubuque Nov. . ............................................ 2 ---Giese Sheet Metal Co., requesting refund on air. 393, 445 „ conditioning and heating permits . ................ 2—Glynn John F., granted Class "B" 475 Beer Permit. 488 INDEX — BOOK 100 1970 SUBJECT Page n 2—Glynn John J., granted Class "B" Beer Permit. 488 " 2 --Glynn John F., granted Class "C" Liquor Permit. 489 2—Glynn John J., granted Class "C" Liquor Permit. 489 16—Grant Raphael W., granted Class "B" Beer Permit. 504 16—Grant Raphael W., granted Class "C" Liquor Permit. 505 Dec. 7—Garfield Avenue, installation of street light recom- mended..................................................................... 510 7—Gordon Lorraine, granted Class "B" Beer Permit. 51.7 14—Grutsch Julia G., settlement of claim ..................... 522 INDEX — BOOK 100 1970 _ _ SUBJECT Page H Jan. 5—Hillard Joseph, requesting refund on Liquor Per- " mitNo. 0;-1556 . .................................................... 12 5—Herburger Florence Brede, granted Class "B" " BeerPermit . ............................................................20 19—Housing Authority, establishment recommended by " the Council of Churches . .................................... 23, 51 " 19—Hartman Loras E., Notice of Claim . ........................ 24, 119 19—Highland Farm Subdivision, approval of plat of Lot 1 of 1 of 1 of 1 of 2 Feb. . ................................ 2—Henschel Richard C. & Mildred I.., approval of plat 28 of Block 3 and 4 Thomas Farm ........................ 49 2—Heiderscheit John J., granted Class ••C" Beer Per- mit. " ............................................... 2—Hirsch John R., granted Class "C" Liquor Permit. 16—Hadley James, objecting to lack of action concern- 56 56 ing a storm sewer back up at his home on June1969 " " ................................................................. 58, 16—Huebner Luise, Notice of Claiin................................. 59, 166 99 Mar. 16—housing Agency Established for City of Dubuque. 2—Haltenhoff Karl, submitting a list of 65 plants that could be used in the Urban Renewal Pedestrian „ Mall . .............................. 2—Hansen Harry W., settlement of claim 69 ..................... 2—Hennings Ronald, Notice of Claim . .................... 2 --Higley Howard, reappointed to the Electrical Ap- 73 74 April pealBoard . ..............................................94 6—Heister Robert Mrs. et. al., requesting the opening of alley running west from 1400 Glen Oak " north to Vernon Street 6 ....................... —Heeb Street Retaining Wall, completed and accept- ed. ........................ 121 " " " .. 13—Huseman Richard & Louis, sidewalk bond. 20—Herrman Maybelle, Notice of Suit. 123 140 20—Hillcrest Investment Inc., requesting consideration for installation of a storm 150 „ sewer from Key Way north to property line of Dr. Linkproperty. 20—Heeren Karen, 153 ,+ requesting refund on Class Beer Permit No. 74 " . .................................. 20—Hentges Dorothy Ro153 se, granted Cigarette Permit. 20—Hentges Dorothy Rose, "B" 159 granted Class Beer Per. mit ,+ .................................... . ................................ . 20—Hentges Dorothy Hose, Permit. granted Class "C" Liquor 160 May ++ 4—Hendricks Mar... T ::.........................' Y claim denied " ' "" 160 ' ............... 4-1-leitz Bruce J., Notice of Claim......... " 4—Heeren Karen, requesting refund on Class +:C : 167 167 " 4—Henningson, Durhamuor Permit o&6445 Richardson, and Cullen,171 Schiltz Associates submitting final „ " report on water supply and water treatment ..................... 171, 11—Hanten Salome Mrs., Notice of Suit......... 172 18—Horizon West Subdivision, approval of plat of Lots through 6, 03 192 ,+ Block 2, and Lot Bl3 through 6, ock 3 . ........................... 25—Highland Farm Subdivision ..a....rova"..0,f " *aIn -g & Zoning Commission to 204 rezone properla 1 in on both sides of Chaney Road south of Kauf_ mann Avenue, „ from Single Family to Mul tiple Residence. ......... 25—Humke Maurice, requesting"""""' 211, t"" four compressor units hi toverhang 271 June h would 1—Hall the John alley behind 1473 Central Avenue......... " " 211, 1—Hos Virginia, granted Class "B" Beer Permit. 1—Hall John F., granted Class B Beer Permit. 224 229 ... granted Class "C" Liquor Permit. 229 230 INDEX -- BOOK 100 1970 SUBJECT Page H " 1—Hos Virginia, granted Class "C" Liquor Permit. 230 " 9—haye Rose S., Notice of Claim.... ................................. 233 " 9—Hentges Dorothy R., granted Cigarette Permit. 237 " 9—Hall John F., granted Cigarette Permit. .................... 237 " 9—Iieiderscheit John J., granted Cigarette Permit. 237 " 9—Hunt George R., granted Cigarette Permit. ........ 237 " 9—Holiday Oil Distr. Inc., granted Cigarette Permits. 237 " 15—Hirsch Carl, granted Cigarette Permit . ............ 245 " 15—Hennen Laverne, granted Cigarette Permit. ........ 245 " 15—Hos Virginia, granted Cigarette Permit . ............ 245 " 15—Healy Joyce, granted Cigarette Permit ..................... 245 " 15—Hanson Arsenius, granted Cigarette Permit. ........ 245 " " 15—Henry John granted Cigarette Permit . ................ 15—Hancock William, granted Cigarette Permit......... 245 245 " 15—Hirsch John R., granted Cigarette Permit ............. 246 " " 15—Helling Anthony A. granted Cigarette Permit. .... 29—Hantelmann Richard, granted Cigarette Permit. .. 246 261 " 29—Hoag Maxine, granted Cigarette Permit ................. 261, 516 " " 29—HarLig Drug Company, granted Cigarette Permits. 29—Hillard Richard T., granted Cigarette Permit. .... 262, 421 262 " 29—Holiday Inn Motel, granted Cigarette Permit......... 262 " 29—Henry Thomas C., granted Cigarette Permit......... 262 " 29—Herburger Florence, granted Class "C" Liquor Per- mit. ...... ......................... 265 July 6—Henneger Albert, Settlement of Suit ......................... 270 " 6—Herburger Carl, granted Cigarette Permit ............. 276 " 6—Heaver Lloyd W., granted Cigarette Permit. ........ 277 Aug. 3—Hartmann Construction Co., sidewalk bond. ........ 310 " 3—Hartig K. A. offer purchase property in the Down- town Urban Renewal area.............................319, 320, 383 " 24—Hayden Lane, installation of street light recom- mecded..................................................................... 343 Sept. 1114—Hill 8—Hanson Arsenius A., granted Cigarette Permit..... 343 398, 426 Mamie, Notice of Claim ..................................... to 21—Hickson Madeline, settlement of claim ................... 403, 434 " 28—Hardin David V., Notice of Claim ............................. 427 Oct. H & B American Corporation, bond continuation cer- tificate. ... ............ ... 434, 471 " 5—Holiday Oil Distributing Inc., granted Class `B" BeerPermit............................................................. 452 " 5—Holiday Oil Distributing Inc., granted Class "C" LiquorPermit......................................................... 453 " 16—Helling Anthony A. & Bette 0., granted Class "B" BeerPermit. ............................................................ 464 " 16—Helling Anthony A. & Bette 0., granted Class "C" LiquorPermit......................................................... Class "B" Beer Per- 464 Nov. 2—Hillard Richard T., granted mit............................................................................. 488 " 2—Hillard Richard T., granted Class "C" Liquor Per- mit............................................................................. 489 It 2—Hefei Lawrence et. al., requesting vacation of a portion of National Street....................................491 so 4—Henry John, granted Class "B" Beer Permit......... No- 493 Dec. 7—Health Sub -committee, submitting minutes of vember meeting. .......................... 512 to 7—Hungar Richard, Notice of Claim . ........................ 512 to 7—Hantelmann Richard J., granted Class "B" Beer Permit. ........................... ...... .. .. 517 " 7—Hartig Drug Company, granted 4 Class "C" Beer Permits.....................................................................517 117—Hirsch Carl, granted Class "B" Beer Permit......... 517 to 7—Hantelmann Richard J., granted Class "C" Liquor Permit....................................................................... 518 " 29—Hirsch John R., granted Class "B" Beer Permit... 553 Iff Index Book 100 1970 SUBJECT Page 1 Jan. 19—Iowa Coaches Inc., offer to purchase a parcel of land in the Downtown Urban Renewal area..... 34 Mar. 2—Iowa Stale Highway Commission, Agreement with the City of Dubuque for the instaliation of traf- fic signals at the intersection of 32nd and Cen- tralAvenue............................................................. 71 2--lowa State Highway Commission, Agreement with the City of Dubuque for the improvement of Rhomberg Avenue from Marshall Street to the " Eagle Point Bridge . ............................................ 72 2—Illinois Central Railroad Co., notice to the City of exemption of any liability in the case of John Wolfe, a volunteer flood worker ....................... 74 23—I1ircke Carl et. al., requesting that Allison Hender- " son Park be closed at 11:00 Y.M. daily ............. 23—Iowa Street Traffic Signals and Street Lights, com- 108 pleted and accepted with the exception of three street lights April . ................................................110 20—Iowa Slate Department of Health, advising City that no permit is required for service connec. tions to the sanitary sewers in the Main Street May Pede stria n way . ................. 18—Iowa Street Tree Planting and Landscapingcom- 154 June pleted and accepted, ' 15—Iowa Commission For The Blind, 203 granted nted ciga- July rette Permit. .......................................................... 6—Iowa State Auditor, submitting audit report for 245 Aug. City of Dubuque Flood Disaster Grant ............. 3 --Iowa Street installation of street light recommend- 268 ed by pity Manager . " ............................................311 17—I11inois Central Railroad Company, icensing Agreement with the City of Dubuque. .......... 24—Iowa State Highway Commission, contract with the City of Dubuque for maintenance 340 Sept." of pri. mary road extensions within the city.... 8-- ingles Ronald L. & Agnes, Notice 346 of Claim ............. 8—Iowa State Highway Commission, Agreement with the City Dubuque 366 of for the Dodge Street Cor- ridor Study. ..................... Nov. ................................. . 386' 4—Iowa State Department of Health, issuin 387 e it, for construction of Lift Station and permit, Force Main "Hamilton Glen" Apartment Dec. complex... 498, 14—Iowa State Comptroller, approval of transfer of $193,036.97 from Emergency Fund 52U to the Pub- lic Safety Fund; and $76,046.(x1 from the Ge. neral Land Sales Fund to the Project Erpendi- tures - Iowa R-15 Fund...... ................................... 543, 544 INDEX — BOOK 100 1970 SUBJECT Page i Feb. 2—,lac Mar Inc., requesting permission to construct an 8" Sanitary Sewer in Judson Drive from Asbury Road south . .............................................. 46 Mar. 2—Johnson Clara L., granted Cigarette Permit. ........ 92, 109 May 25--lanlin Plastic Company Inc., Notice of Claim....... 210 ,lune 1—Jacobson Ida E., settlement of suit ........................... 220 " 9—Johnston Wayne, granted Cigarette Permit ............. 237 " " 15—Johnson Clara L., granted Cigarette Permit. ........ 29—Jones 245 John C., liability policy . ................................ 251 July 20—Justmann C. Robert, appointed to the Advisory Commission............................................................. 299 Nov. 2—Justmann Karl E., withdrawing all interest in the Carriage House on Grove Terrace . .................... 485 " 2—Jones Phyllis, requesting annexation of property in O'Neill's Riverview Subdivision . .................... 487 2—Jonhson Clara L., granted Class "B" Beer Permit. 488 " 2—Johnson Clara L., granted Class "C" Liquor Permit. 489 Dec. I"ochum Charles G.. Notice of Claim ......................... 523 a INDEX — BOOK 100 1970 SUBJECT Page K Jan. 5—Key City Bank & Trust Company, appointed de- pository of public funds . .................................... 2 " 5—Kissel Archie, requesting refund on Cigarette PermitNo. 218 ........................................................ 12 " 5—Kuehn Archie T., requesting a restricted plumber's license....................................................................... 12 " 5 --Kies Donald, granted Class "B" Beer Permit......... 20 " " 5—Kies Donald, granted Class "C" Liquor Permit..... 19—Kennedy Road Sanitary Sewer from Spring Valley 21 Road to 32nd Street, preliminary plans and specifications.............................................34, 76, 78, 124 Feb. 2—Kirchberg Joyce A., granted Class "B" Beer Permit. 56 " 2—Kirchberg Joyce A., granted Class "C" Liquor Per- mit............................................................................. 56 Mar. 2—Kaufmann Avenue, installation of street lights recommended by the City Manager . ................ 71 " 23—Koch Company, requesting progress report on Wa- ter Treatment Facilities by Hawkins Construc- tion Company and Korshoj Construction Co, " Inc........................................................... ............. 23—Kelly Frank E., requesting rezoning of property 107 in M.L. 67 from Two Family to Multiple Family District Classification ........................... 108 April 6—Kennedy Road improvement with Hot Mix -Hot Laid Asphaltic Concrete Paving from the N.P. L. of Pennsylvania Avenue to the S.P.L. of „ Asbury Road............................................................ 6—Kane Street, improvement with Bituminous Con. 132, 176 crete Paving from the W.P.L. of Carter Road to " west end of street . .................................... 6—Key Corners, improvement with Bituminous Con- 134, 180 crete Paving from W.P.L. of Sharon Drive to the E.P.L. of Richie Drive " .................................. 6—Keymont Drive, improvement with Bituminous 134, 180 Concrete Paving from E.P.L. of Key Knolls Sub. to W.P.L. of Key Knolls Sub. .. 6—Key 134, 180 Way, improvement with Bituminous Concrete Paving from N.P.L. of Pennsylvania to the N.P. L. of Lot 6 in Block "A" of Key Knolls Sub. 134, 180 May 4—Kennedy Mall Inc., protest of assessment of real „ estate, ................................. 11—Kelly Ralph E. Mrs......,....re uestin...b T ... -gh-•...o n q.street.light on 189 Stewart Street, " p . ......... 11—Klauer William, offer to purchase a n of va- portion cated Prospect Street 191 " " . ............192, 201, 255, 25—Kraft Leo Mrs., Notice of Claim 330, 351 . ................ I.... 25—Klett Fred E., owner of property which the Air- port Commission needs for the development of the Lighting System June „ . ................213, 276, 1—Knights of Columbus Council 510, granted Class „B„ Beer Permit 313, 352 ..................................................... 9—Kratz Raymond H., Mrs.• requesting permission to Purchase a portion of alley in the rear 229 „ Garfield Avenue. of 1516 „ ........... 15—Kies Don, granted Cigarette Permit. .......••,," 15—Kehl Robert, .........•.........;. 234, 25] '245 " „ 15—Ko granted Cigarette Permit. ............... pp Eugene I.., granted Cigarette Permit. 15 246 " " .. --Kohl Francis T., granted Cigarette Permit. .. 15--K-Mart, granted Cigarette 2.16 246, 399 Permit. 29—Kane Street, installation of street light recon 246 „ " - mended........................................................... 'l9—Kirchberg Gerald C., granted Ciparette Permit 29—Koppple Harry, granted Cigarette Permit. ........... 29--Kachevas James, 251 261 261 granted Cigarette Permit............ 262 INDEX - BOOK 100 1970 SUBJECT -- Page K 29—Knights of Columbus, granted Cigarette Permit..... 262 " 29—K.anavas Theodore G., granted Cigarette Permit..... 262 " 29—Krajnovich Elizabeth M., granted Cigarette Permit. 262, 322 29—Kanavas Theodore G., granted Class "B" Beer Per- mit. .............................. .................... 263 " 29—Krajnovich Elizabeth M., granted Class "B" Beer Permit....................................................................... 263, 323 29—Krajnovich Elizabeth M., granted Class "C" Liq- quorPermit............................................................. 265, 323 July 6—Keymeer and Key Largo Streets, complaints con- cerning drainage problem ..................................... 271 6—Karigan's Restaurant, granted Cigarette Permit..... 277 " 27—Kennedy Road Sanitary Sewer -1969, from Kauf- mann Avenue to Old Timers Athletic Club Place, completed and accepted . ................305, 365, 366 Aug. 24—Kolck Richard, Notice of Claim ................................. 347, 403 " 24—Kennedy John L. & Mary Lou, requesting rezoning of property in Olds Place on the east side of N. Grandview between Kaufmann Avenue and KaneStreet............................................................. 361 Sept. 8—Kennedy Road Sanitary Sewer, from Spring Valley Road to 32nd Street, East Side, preliminary plans and specifications . ....................390, 391, 443, 444 " 8—Kennedy Mall Cinema Inc., granted Cigarette Per- mit............................................................................. 394 " 28—King Minnetta A., Notice of Claim ............................. 427 Oct. 5—Kopple Market Inc., granted Class "C" Beer Permit. 452 " 12 --Kensington Place, request for installation of a streetlight............................................................... 455, 510 Nov. 2—Knights of Columbus, requesting permission to excavate in alley at 781 Locust St ..................... 474 " 2—Kelly Lane, request for installation of a street light........................................................................... 491, 510 " 2—Key City Investment Co., requesting permission to excavate in Kennedy Road . ................................ 491 " 16—Kunkel Alberta, Notice of Suit. ................................ 499 a INDEX — BOOK 100 1970 SUBJECT Page L Jan. 5—Lorens Inc., conveyance of property in the Down- town Urban Renewal area to the City of Du- buque......................................................................... 15 " S--Leibold Thomas, offer to purchase property located in the Urban Renewal area located at 8th & Locust Streets .....................................................18, 19, 23 19—League of Iowa Municipalities, requesting funds to pay for the salary and expense for a person to work with the Director of the League......... 23 Feb. 2—Lyons Delores L., Notice of Claim ............................. 3y " 2—Loras College Social Life Committee, requesting aparade permit . .................................................... 48 " 16—Low Rent Housing Agency established for the City of Dubuque . ............65, 311, 334, 354, 498, 520 Mar. 2—Love Donald M., granted Class 'B" Beer Permit. 93 2—Love Kenneth Jerome, granted Class "B" Beer Permit. ........................................... 2—Lucky Stores Inc., ranted Class C Beer Permits. 93, l 1123 23--Loras College, extending invitation to attend a symposium on Pollution ....................................... 96 April 6—Locust Street, improvement with concrete curb and gutter from the S.P.L. of Fourth Street to the S.P.L. of Eighth Street .......................129, 130, 174 " 6-14cust Street, improvement with Hot Mix -Hot Laid Asphaltic Concrete Paving from the S.P.L. of Fourth Street to the N.P.L. of 10th Street. 132, 176 6—Lea Laneimprovement with Bituminous Con. crete Paving from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Key Corners ............... 134, 180 " 13—Lenger Joseph R., granted Class "C" Beer Permit. 146 May 4—Langas Philip et. al., requesting of rezoning of property at 1105 Loras Boulevard from Local Business "A" to Local Business " B" classifica-tion. ........................170, 217, 252, 268, 499, 510, 520 11—Link John T. sidewalk bond . ................... 11—Leppert Charles E. et. al., complaining of unsani- 19. 18—Lubeo a it ons at 1725 Wood St ......................... 193 18—Leslein Chris Mrs dNotice ewalk of Claim 198 18—Link John and Marilyn M., approval of plat of IN, 282 Lots 3 thru 6 of Block 2 and Lots 3 thru 6 of Block 3 of Horizon West Subdivision ................. 2q4 June I—I.icciardi Frank & Phyllis, granted Class "B" Beer Permit . ................ 1—Lil' Giant Food Store ..................................................... 229 mit.granted Class "C" Beer Per. " 9—Larson Frank A. Jr., relative to parking situation ........................... .. 229 " 9--Ludat 1717 7her John J Street . ........i.................. . granted Cgarette Permit. ..., 234, 268 " 9—Lynch William J., granted Cigarette Permit........... 237 9—Lucky Stores Inc., granted Cigarette Permits. .. 237 8—Love Phillip Robert, granted Class "B" Beer Per- 237 mit. ................................ . 9 —Love Phillip Robert, ........... „..... 238 ............. mit. gran ed Class ' C Liquor Per- " 15— Lester Catherine, granted Cigarette Permit..,......... " 15—Luksetich Thomas 239 15 —Love Donald M., rantedCls ' ^tom Permit........ 246 l5—Loras Collene 246 " granted Cigarette Permit Permit. 246 15—Lenstra Thelma, granted Cigarette Permit. ,., 246' 262 15---Lindecker as, granted Cigarette Permit......... 248; 262 2$ --Love Donald M. granted Cigarette Permit. 29--Licclardi Frank' & Phyllis, granted Cigarette Per_ 261 ........... Per- mit . ................ . ........................................ ................ .. 261 INDEX — BOOK 100 1970 ` --- — SUBJECT--- Page -- --_ L — " 29—Laury Anne K. & Joseph Longer, granted Cigarette Permit. .................................. ........ .. . 262 " 29—Lill Giant Food Stores, granted Cigarette Permits. 262 July 6—Low Rent Housing Agency, submitting minutes of the Board . ........................267, 331, 359, 454, 498, 520 " 6—Lacy Kate S., conveyance of property to the City of Dubuque for Downtown Urban Renewal Project, Iowa R-15 . ................................................ 272 " 6—Langas Phillip, granted Cigarette Permit . ............ 276 " 6—Love Kenneth J., granted Cigarette Permit. ........ 276 " 6—Love Phillip R., granted Cigarette Permit . ............ 276 " " 6—Love Kenneth J., granted Cuss "C" Liguor Permit. 20—LAW ENFORCEMENT CENTER, 278 recommendation of the committee that the Council authorize sale of a parcel of Urban Renewal land for the construction of a center . ..................................' 279, 352 " 20—Luras College, requesting permission to hold a bon- fire homecoming celebration ................................. 284, 301 " 20—Lester Catherine, granted Class "B" Beer Permit. 297 " 20—Lundh Alvin E., appointed to the Advisory Coin- mission..................................................................... 299 Aug. 3—Leibold Associates, offer to purchase property in the Downtown Urban Renewal area . ................ 319, 322 " 10—Leifker David W., Notice of Claim . ........................ 326, 426 17—LOW RENT HOUSING COMMISSION established for the City of Dubuque . ....................334, 454, 498, 520 " 24—LAW ENFORCEMENT CENTER proposition to be put on the November election ballot ................. ...•.......• .................... 352, 401, 410, 424, 446, 487, 492 Sept. 14—Leslein Geraldine M., Notice of Claim ..................... 398 " 28—Library submitting proposal for the purchase of a Bookmobile. .............................................................. 423, 425 Oct. 5—Lewis Wayne T., requesting opening of alley be- tween Center Place and Race Street ................. 438, 471 Nov. 2—Loeffelholz James B., Notice of Claim ..................... 472 " 2—Lieciardi Frank J. & Phyllis, granted Class "C" Li- quorPermit............................................................. 489 Dec, 7—Lynn William J., granted Class "C" Beer Permit... 517 7 y INDEX — BOOK 100 1970 SUBJECT Page MC Mar. 2—McLaughlin Raymond & Leonette, granted Class "B" Beer Permit .............................................. 93 Aril 6—McNamara Earl J., granted Class "C" Beer Permit. 138 20—McCauley Connie, supporting drive to rid the City and County of pollution June " . ................... 9—McCauley Howard F. granted Cigarette Permit. 9—McDonald A. Y. Mfg. Co., granted Cigarette Permit. 149 237 " 15 ---McLaughlin Leonette, granted Cigarette Peretti. 237 245 " 29—McNamara Earl J., granted Cigarette Permit. 261 " 29—McCarty Marcella, granted Cigarette Permit. ... 262 " 29—McCarty Marcella, granted Class "C" Liquor Permit. 265 to 29—McLaughlin Leonetta, granted Class "C" Liquor July Permit. ........... ............................................. 6—McCarthy Carl et. al., requesting an investigation 265 of a drainage problem on Keymeer and Key LargoStreecs........................................................... 271 " 20—McNeil J. Timothy, appointed to the Advisory " Commission..................................................... 27—McGovern Mark & Fred, granted Cigarette Permit. 299 306 Sept. 14—McCaw Warren, appointed to the Advisory Com- Nov. mission............................................................... . ........................... 2—McCarty Marcella, granted Class "B" Beer Permit. 399 488 Dec. 1.4—McDonald John J., Notice of CIaim......................... 523 INDEX — BOOK 100 1970 SUBJECT Page M Jan. 5—Moldenhauer Wayne A., sworn in as Councilman. 1 " 5—Meyers Donald R., elected Mayor for the ensuing fiscalyear................................................................. 1 " 5—Mercy Medical Center Gift Shop, requesting re- fund on Cigarette Permit No. 70 . .................... 12 to 19—Mayor's Industrial Committee, recommending sale of property in Riverfront Subdivision No. 3 to The Eska Company ............................................. 35, 78 Feb. 2—Mulert Margaret, Notice of Cla►m............................. 3Q, 99 " 16—Meyer Herbert, objecting to the condition of Motmtain Lane, and requesting that the street be put on the 1970 street program ................... 58, 165 " 16—Muscular Dystrophy Associations of America, re- questing permission to have tag day ................. 80 Mar. 2—Municipal Streets and Parking Report for the year 19fi9........................................................................... 81 " 23 --Merchants Mutual Bonding Co., submitting certifi- cate of authority..................................................... 96 "23—Miller Delbert G., Notice of claim . ................... 1009 492 1123—Midwest Developers, requesting that the city fur- nish the pipe for the construction of a storm se- wer on the south side of Pennsylvania Avenue. 107 April 6—Moldenhauer Councilman, requesting consideration for the renovation of the City Hall so 3rd floor could be utilized for offices that are now out- side the City Hall . ................................................ 118 " " 6—Mennen Ecko Notice of Claim . .............................. 6—Main Street Pedestrianway Urban Renewal Pro- 120 ject Iowa R-15, approval of design and use by the Planning & Zoning Commission ..................... 125, 154, 156, 207, 209 " 13—Midwest Developers, requesting street lights on DanielsStreet......................................................... 140 " 13—Moore William, requesting a parade to illustrate the cost of the conflict in Vietnam ..................... 145 " 13—Martens William, requesting permission to con- duct an "Earth Day" parade . ............................ 146 " 13—Morarend Lois M., granted Class "B" Beer Permit. 146 13—Morarend Lois M., granted Class "C" Liquor Permit. 147 " 20—Mt. St. Bernard Seminary, requesting rezoning of property in Highland Farm and St. Rose Place from Single Family to Multiple Residence Dis- trict Classification................................................. 153 May 4—Majerus Jeanann, granted Class "B" Beer Permit. 186 " 4—Majerus Jeanann, granted Class "C" Liquor Permit. 187 " 11—Matts Stuart, granted Cigarette Permit ..................... 196 " 18—holo Harold & Robert, granted permission to con- struct a sanitary sewer on John F. Kennedy Road........................................................................... 199 June 9—Mays Drug Store, granted Cigarette Permit......... 237 "9—Miller Gerald E., granted Cigarette Permit ............. 237 to 9—Mescher Vincent W & John F. Tench, granted Cigarette Permit..................................................... 237 " 9—Meyers Kermit, granted Cigarette Permit. ........... 237 " " 9—Merchants Hotel, granted Cigarette Permit. ........ Cigarette Permit 238 245 " 15—Matts Stuart, granted ..... .......... 15—Mihalakis Shirley, granted Cigarette Permit......... 245 " 15—Majerus Jeanann. granted Cigarette Permit. ........ 246 " 15—Morarend Lois M., granted Cigarette Permit......... 246, 262 " 29—Muellich Harry, requesting rezoning of Lot 2 of 2 of Out Lot 670 from Multiple Residence to Loc- al Business "B" classification . ............................ 255 " 29—Meyer Catherine,granted Cigarette Permit. ........ 261 " 29—Myers Russell E., granted Cigarette Permit....... 261 of 29—Montgomery Ward & Co., granted Cigarette Permit. 262 6 INDEX - BOOK 100 1970 SUBJECT Page M to 29—Meyer Herman, granted Cigarette Permit. ........ 262 "29—Mr. Steak, granted Cigarette Permit . ........................ 262 to 29---Meitl Cyril N., granted Cigarette Permit . ............ 262 " 29—Meyer Catherine M., granted Class "B" Beer Permit. 263 " 29—Myers Russell, granted Class "C" Liquor Permit. 265 " 29--Meitl Cyril N., granted Class "C" Liquor Permit. 265 " 29—Murphy Dallas & ,Jerry Burroughs, complaining of drainage problem on English Lane . ............ 265, 300 July 20—Manahl Dennis K., granted Cigarette Permit......... 297 " 20•—Mueller Don, submitting resignation from the Dock Commission . .................................................. 298, 341 " 20—Mettel's Sub No. 2, Lot 1 of 4, recommendation of the Planning & Zoning Commission that the property remain in the Multiple Residence District classification . ............................................ 261 " 20—Mettel's Sub No. 2, Lot 1 of 3, recommendation of the Planning & Zoning Commission that the property remain in the Multiple Residence Dis- trict classification . ................................................ 280 Aug. 10—Molo Oil Company, offer to purchase property located in the Downtown Urban Renewal area. .......................................................... 328, 338, 414. 415 " 24—Mississippi Valley Milk Producers Association, fav- oring voluntary annexation of the Dubuque Cheese Factory.................................................343, 499. 500 Sept. 8—MUNICIPAL GARAGE, preliminary plans and specifications for construction of . .................... 393. 445 " 8—Meitl Cyril, granted Class "B" Beer Permit. ........ 395 " 28 --Muscular Dystrophy Association, requesting per- mission to hold their annual drive ..................... 424 " 28—Magnall Richard, sidewalk bond ................................. 425 Oct. 5—Miller Robert P., Notice of C:aim ............................. 434 " 12—Millius Robert & Violette, settlement of assess- ment recommended by City Assessor. ........ 454 Nov. 2---Mihm Virgil H., Notice of Claim ................................. 471 11 2—Myers Russell E., granted Class 'B" Beer Permit. 488 Dec. 7—March of Dimes, requesting permission to conduct a door to door campaign ..................................... 516 " 7—Moore Heights Sanitary Sewer Extension, complet- ed and accepted . ................................. " 7—Miller Gerald E. Jr., granted Class "B" Beer Permit. " 516 517 7—Miller Gerald E. Jr., granted Class "C" Liquor Permit. ........................................... " 14—Mihalakis Shirley, Beer e ' ' " " granted Class ` B Beer Permit. " 518 547 14—Mihalakis Shirley, granted Class C Liquor Permit. 547 INDEX - BOOK 100 1970 SUBJECT Page ' N Jan. 5—Neumeister John, granted Class "C" Beer Permit. 20 Feb. 2—National Tea Company, granted Class "C" Beer Permit. ...................................................................... 56 " 16—Nagle John A., conveyance of property for Urban Renewal Project Iowa R-15 . ................................ 61 " 16—Noel John E., granted Cigarette Permit ................. 62 " 16—Noel John E., granted Class "B" Beer Permit....... 63 " 16—Noel John E., granted Class "C" Liquor Permit..... 63 Aril 6—Naumann Gerald, Notice of Claim ............................. 120 6—Ninth Street, improvement with Hot Mix -Hot Laid Asphaltic Concrete Paving from the E.P.L. of Locust Street to the E.Y.L. of Main Street..... 132, 176 " 6—Ninth Street, improvement with Concrete Paving with integral curb from Mair. Street to Cen- tral Avenue......................................................... 136, 184 " 20—Nielsen Marvir, Notice of Claim . ............................ 150 " 20—Ney Raymond, granted Class "B" Beer Permit..... 160 " 20—Ney Raymond, granted Class "C" Liquor Permit... 160 May 4—Newton Bernard N., granted Class "B" Beer Per- mits........................................................................... 186, 398 " 4—Nauman Stanley R., granted Class "B" Beer Per- mit............................................................................. 186 " 4—Nauman Stanley R., granted Class "C" Liquor Per- mit............................................................................. 187 .lune 1—Norwood Nelson M., granted Class "B" Beer Per- init. ............................................................................ 229 " 9—Northwestern Bell Telephone Co., requesting per- mission to excavate in alley in rear of 1700 Central Avenue ....................................................... 233 " 9—Noel John E., granted Cigarette Permit ................. 237 " 9—Nabors of Iowa, granted Cigarette Permit ............. 237 " 9—National Tea Company, granted Cigarette Permit. 238, 245 " 9—National Tea Company, granted Class "C" Beer Permit................................................................... 238 " 15—Ney Albert J., granted Cigarette Permit ................. 245, 439 " 15_ --Norwood Nelson, granted Cigarette Permit ............... 246 " 29—Ney Raymond, granted Cigarette Permit ................. 262 " 29—Neumeister John C., granted Cigarette Permit..... 262 " 29—Ney Albert J., granted Class "C" Liquor Permit..... 265 July 6—National Aeronautics and Space Administration, City to participate in a proposed experimental program................................................................... 268, 280 " 6—Nauman Stanley. granted Cigarette Permit. .......... 277 " 20—Neale Vada Jean, granted Cigarette Permit. ........ 297 " 20—Nease Vada Jean, granted Class "B" Beer Permit. 297 " 20—Nease Vada Jean, granted Class "C" Liquor Per- mit. ........ ... .... .. ..... 298 Aug. 3—Ney Albert J., granted Class "B" Beer Permit..... 323, '139 Sept. 21—Nauman Cletus, requesting return of security de- posit on Nauman Addition ................................... 412 Oct. 16 --National Tea Company, granted Class "C" Beer Permit....................................................................... 464 Nov. 2 ---Nabors of Iowa, granted Class "C" Beer Permit..... 488 " 2—Nash Finch Company, granted Class "C" Beer Per- mit......................................................................... 488 Dec. 14—Nielsen Marvin, objecting to the occupancy of a rooming house at 1270 West 5th St ..................... 529 a INDEX — BOOK 100 1970 SUBJECT Page Jan. 5—Ordinance No. 1-70. An Ordinance allocating and maikng appropriations of tax levies and other sources of revenue to the expenditures for City Government in the City of Dubuque for the fiscal year beginning January 1, 1970 and ending December 31, 1970, and authorizing cer- tain transfers of funds ......................................... " 5—Ordinance No. 51-69. An Ordinance Amending and 3, 4 changing Ordinance No. 3-34, known as the "Zoning Map and Zoning Ordinance of the City of Dubuque" so as to change certain property hereinafter described from "Single Family Residence District" classification to "Multiple Residence District" classification . ...................... " tl 5—Ordinance No, 2-70. An Ordinance amending Ordi- nance No. 3.34, known as the Zoning Ordi- nance of the City of Dubuque, Iowa, by re- pealing subsection (M) of Section 1 of Article 11 thereof and by enacting a new Subsection (M) of Section 1 of Article 11 in lieu thereof to permit the renting of one or two in a pri- vate residence to not more than two adult guests ...................................... „ ......... 5—Ordinance No. 3.70. An Ordinance prohibiting is- 10, 42 suance of Building Permit to Owner or Owners of Real Property which is being rezoned......... 19—Ordinance No. 4.70. An Ordinance Amending the 11, 43 Budget as Authorized by Ordinance No. 1-70 .............................................. 25, 44, 1091 170 Feb. 2 --O'Brien Robert J., objecting to the limiting 01 208, 221 number of roomers in private dwellings to „ alleviate traffic conditions .................... 2 --Ordinance No. 5.70. An Ordinance Authorizing Behr's Inc. 1491 Alain 41 an" Street To Construct es Over The Pulic Sidwalk. 16—Ord nancec No. 6-70. An Ordinan amending and Ordinance 45, 46changing No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, so as to change Lot 1 of 1, Lot 2 of 2, Lot 2 of 1 of I of 2 of Byrnes Sub- diivsion, Lot 2 of I of Lots 24 and 25 in Bonson Stewart's Subdivision, Lots 1, 2, 3, 4 and 5 of Byrnes Sub. No, 2, Lot 1 of 2 of Byrnes Sub. from Multiple Residence District Classification to Local Business B District Classification. (Dodge & Bryant Sts.) ....................................... Mar. 2—Ordinance No. 7-70. An Ordinance zoning and classifying 60, 100 recently annexed territory to the City of Dubuque, Iowa, as a "Multiple Res- idence District" which after " real estate is here in. 2—Ordinance No. (AnTOrdinanceovacatin 8.70. o tions of certain streets and alleys in the Down tow" 75, 101 - • 23—Ordinance No. Urban9 Renewal AnOrdinan 85 eramending 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 prop- erty described as the NEIy. 36' of Lot 2U n Cook's Addn, in the City of Dubuque, Iowa from "Local Business "A" classification to Local Business "B" Classification, „ property—Rhomberg & Windsor) ( 'arecu 23 ---Ordinance No. 10-70. 142, An Ordinance amendin,.101, changing Ordinance No. 3.34 15() known a5 the INDEX - BOOK 100 1970 SUBJECT Page O "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change Lot 1 and Lot 2 in Westchester Sub. No. 2, and Lot 26, and Lots 32 thru 36 in Block 12 in Westchester Sub. from "Two Family Residence District" classification to "Multiple Residence District' classification........................................................... 102, 142 23—Ordinance No. 11.70. An Ordinance amending Ordinance No. 3349 known as the Traffic Code of Dubuque, Iowa, as amended, by re- pealing subsection 14 of Section D of Schedule VIII and repealing subsection 22 of Section D Schedule Vill thereof which repeals the pro- hibitedparking of Motor Vehicles between the hours of 1:00 A.M. and 6:00 A.M. on Tuesdays and Thursdays on the north side of Loras Boulevard from Bluff Street to Central Avenue on Mondays and Fridays on the south side of Loras Boulevard from Bluff Street to Central Avenue and on Mondays and Fridays on the south side of East Twentieth Street from Central Avenue to Elm Street ............................. 102 23—Ordinance No. 12-70. An Ordinance Amending Ordinance No. 3349 known as the "Traffic Code of. Dubuque, Iowa" as amended by Re- Subsection 7 of Section A of schedule pealing VIII thereof and by Enacting a new Subsection 7 of Section A of Schedule VIII in lieu There- fore to Prohibit the parking of motor vehicles on Iowa Street from West Tenth Street to West Seventeenth Street on certain designated days and hours . ...................................................... 103 23—Ordinance No. 13-70. An Ordinance Amending Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as Amended by re- pealing Subsection 7 of Section B of Schedule VIII and by enacting a new subsection 7 of Section B of Schedule VIII to prohibit the parking of motor vehicles on Iowa Street from West Second Street to West Fourth Street and from West Tenth Street to West Seventeenth Street on certain designated days and hours... 103 23—Ordinance No. 14.70. An Ordinance Amending Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by re- pealing Subsection (d) of Schedule VII and enacting a new subsection (d) to Schedule VII in lieu thereof to prohibit the parking of ve- hicles in the alley between Central Avenue and Iowa Street from West Tenth Street to City Hal! property and from West Thirteenth Street to West Seventeenth Street ..................... 104 23—Ordinance No. 15.70. An Ordinance Amending Ordinance No. 3349 known as the "Traffic Code of Dubuque, Iowa" as amended by re- pealing subsection (c) of Section 1 of Schedule I and enacting a new subsection (c) of Section I of Schedule I in lieu thereof to provide that Iowa traffic shall move northerly only on Street from West Tenth Street to Loras Boule- vard. .................................................................... 105 23—Ordinance No. 16.70. An Ordinance amending Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by re- pealing subsection (a) of Section I of Schedule INDEX — BOOK 100 Page 1970 I and enacting a new Subsection (a) of Section lieu thereof to provide that I of Schedule I in only in the alley traffic shall move northerly Street and Central Avenue from between Iowa Street to I.oras Boulevard..... .... 105 West Tenth 2,,3—Ordinance No. 17-70. An Ordinance amending the "Traffic Ordinance No. 33.49 known as Code of Dubuque, Iowa" as amended by en acting, a new subsection 18 to Section A of III thereof to provide that eastbound Schedule and westbound vehicles on Hillcrest Road must stop before entering the intersection 106 of Keyway and Hillcrest Road ............................. " 23—Ordinance No. 18-70. An Ordinance amending the "Traffic Ordinance No. 3349 known as Code of Dubuque, Iowa" as amended,by re- pealing Section 99 of Schedule VI thereof and enacting a new section 99 to Schedule VI in lieu thereof to prohibit the parking of motor vehicles on the west side of Iowa Street from Second Street to First Street, and both sides of Iowa Street from Fouth Street to Tenth 106 Street........................................................................ April 13---Oleson Karl, granted Class "B" Beer Permit ...•.•.. installation of street lights l 4Fi " 20 --Oak Brook Subdivision, Ken- recommended for Butterfield Road and singtonPlace........................................................... 149 " 20—Ordinance No. 19-70. An Ordinance Amending Ordinance No. 24.69 by repealing Section 30 thereof and enacting a new Section 30 in lieu for the closing at Allison thereof to provide 151 Henderson Park . .................................................... " 20—Ordinance No. 2040. 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 the Sly. 150' of Lot 2 of the Subdivision of Lot 25, in Block 4 in Westside Manor Subdivision from Single Family residence district classification to local business "B" district classification . .................. 152, 222 " 20—Ordinance No. 21.70. An Ordinance amending and changing Ordinance No. 3-34 known as the the City Zoning Map and Zoning Ordinance of Lot A of of Dubuque, Iowa, so as to change Block 10 and Lot 16 of Block 11 in Sunrise Heights Subdivision, from Single Family res- idence district classification to Multiple Family residence district classification . ........................ 152, 200 " 20---Odden Robert Rev., appointed to the Low Rent Housing Agency ................................................161, 187, 336 May 4—O'Neill William, sidewalk bond ................................. 165 " 4—Ordinance No. 22-70. An Ordinance Amending Ordinance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by Repealing subsection 6.2.8 of Section 6.2 of Parking Meter District 13 thereof removing both sides of Seventh Street between Iowa Street and Main Street from said parking meter district......................................................... 167, hitt " 4 --Ordinance No. 23-70. An Ordinance Amending Ordinance No. 3349 known as the "Traffic Code of Dubuque, Iowa", as amended, by en. acting a new subsection 19 to Section A of Schedule III thereof to provide that eastbound and westbound vehicles on Keymont Street INDEX — BOOK 100 1970 SUBJECT Page O must stop before entering the intersection of Vizalea Street and Keymont Street ................... 168 4--Ordina.ice No. 24.70. An Ordinance Amending Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by en- acting a new subsection 7 to Section E of Schedule III thereof to provide that eastbound vehicles on Keymont Street must stop before entering the intersection of Ket-way Street and Keymont Street .................................. ..... 168 " 4 --Ordinance No. 25-70. An Ordinance Amending Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by en- acting a new subsection 20 to Section A of Schedule III thereof to provide that eastbound and westbound vehicles on Scenic View Drive must stop before entering the intersection of Maryville Drive and Scenic View Drive........... 169 " 4—Ordinance No. 2&70. An Ordinance amending the budget as approved by Ordinance No. 4-70. ................................................................... 170, 208, 221 " 11—Ordinance No. 27-70. 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 Lot 2 of 2 of I of 2 of 1 of 2 of 1 of 1 of M. L. 67 in the City of Dubuque, from Two Family Residence District Classification to Multiple Residence District Classification. (Chew property--J.F.K. Road) . ........................ 192, 222 " 18 --O'Neill Denise, granted Class "B" Beer Permit..... 206 June 1—Ordinance No. 28-70. An Ordinance Amending Ordinance No, 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" by repealing subsection (1) of Section 2 of Article IV thereof and enacting a new subsection (1) to Section 2 of Article IV in lieu thereof, to specify the uses to which structures having historical and/or Architectural significance may be put . ............ 223, 253 " 1—Ordinance No. 29-70. An Ordinance Authorizing Dubuque Blacktop Co. Inc., 1473 Central Ave- nue to attach four (4) compressor units for Air Conditioning on the rear wall over the publicalley............................................................. 223, 224 " 1—Ohnesorge William J. et, al., objecting to backup water from the 32nd Street detention basin..... 224 " 9—Ordinance No. 30-70. 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 Lot 2 of 1 of 1 of 1 of 1 of 2 of Highland Farm; 1 -in Lot 3 of 1 of 1 of of 1 of Highland Far and Lot 2 of 2 of 2 of St. Rose Place; Lot 1 of 1 of 2 of 1 of 1 of 1 of 2 of Highland Farm from Single Family Residence District" clas- sification to "Multiple Residence District clas- sification (Mt. St. Bernard property) . .............. 233, 271 " 9—O'Neill Irene et. al., objecting to wrecked cars parked on Southern Avenue ................................. 234, 240 " 9—Office Grill, granted Cigarette Permit ..................... 237 " 9 --O'Hara Richard, granted Cigarette Permit ............. 237 " 9—Oeschger Thomas, granted Cigarette Permit. ....... 237 " 9—O'Neill Denise, granted Class "C" Liquor Permit. .. 239 INDEX - BOOK 100 ----.._-------- 1870 SUBJECT 0 15 --Ordinance No. 31-70. An Ordinance amending 33-49 known as the "Traffic Ordinance No. Code of Dubuque, lo'eo•a" as amended, by re- pealing subsection b. of Section 3 of Schedule 1 thereof to provide that vehicles shall no westbound on East Ninth Street longer travel from White Street to Centra: Avenue........... 241 15—Ordinance No. 32-70. An Ordinance amending No. 33.49 known as the "'Traffic Ordinance Code of Dubuque, Iowa" as amended by re- pealing Subsection d. of Section 2 of Schedule Subsection d. to 1 and by enacting a new Section 2 of Schedule I in lieu thereof to that traffic shall move southerly only provide on Main Street from Loras Boulevard to West Ninth Street and from West Sixth Street to West Fourth Street . .............................................. 241 15—Ordinance No. 33-70. An Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Subsection a. of Section 4, of Schedule I there of and enacting a new Subsection a, to Section 4 of Schedule I in lieu thereof to require traffic to move Easterly only on Eighth Avenue from Hill Street to Locust Street, and enacting a new Subsection d. to Section 4 of Schedule I to require traffic to move Easterly only on East Ninth Street from Central Avenue to White Street and enacting a new Subsection e. to Section 4 of Schedule I to require traffic to move Easterly on West Ninth Street from Locust Street to Central Avenue ......................... 242 15—Ordinance No, 34-70. An Ordinance amending Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by re- 9chedule pealing Subsection c. of Section 3 of I thereof and enacting a new Subsection c. to Section 3 of Schedule 1 in lieu thereof to re- quire traffic to move Westerly only on West Ninth Street from Locust Street to its Westerly Terminus and enacting a new Subsection d. to Section 3 of Schedule 1 to require traffic to move Westerly on East Tenth Street from White Street to Central Avenue and enacting a new Subsection e. to Section 3 of Schedule I to require traffic to move Westerly on West Tenth Street from Central Avenue to Bluff Street......................................................................... 243 " 15—Ordinance No. 35-70. An Ordinance vacating the unvacated portion of Sycamore Street situated North of the North side of 16th Street running Northerly to the South side of the vacated por. tion of East 19th Street and authorizing pub- lication of Notice of Intent to dispose of inter- est to the Dubuque Packing Company. .. " 243 15—Osco Drugs Inc., granted Cigarette Permit. ........ 246 " 15—O'Neill Denise, granted Cigarette Permit . ............ 246 " 15—Olsen Dorothy, granted Class "C" Liquor Permit. 246 " 29—Orpheum Theatre, requests for the preservation of the Theatre......................................................... 247, 241) " 29—Ordinance No. 3670. An Ordinance an►ending and changing Ordinance No. 3-34 known as the "Zoning map and zoning Ordinance of the City of Dubuque, Iowa" so as to change block INDEX — BOOK 100 1970 SUBJECT 10, Sunset Park Subdivision No. 2 from "Single Family Residence District" classification to "Multiple Family Residence District" classifica- tion............................................................................. " 29—Ordinance No. 37-70. An Ordinance Amending Or- dinance known as the "Traffic Code of Du- buque. Iowa" as amended by adding a new sub- section 21 to Section A of Schedule III to pro- vide that westbound vehicles must stop before entering the intersection of Evergreen and KarenStreets........................................................... " 29—Optometry Center Inc., purchase of property in the Downtown Urban Renewal area. ........259, 29—Olsen Dorothy M., granted Cigarette Permit. .... " 29—Oleson Karl H., granted Cigarette Permit ............. " 29—Olsen Dorothy, granted Class "B" Beer Permit. July 20—Ordinance No. 38-70. An Ordinance amending Or- dinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new subsection 105 to Schedule VI thereof to prohibit parking of motor vehicles on the north side of Kane Street from Ken Court to CarterRoad............................................................. 20—Ordinance No. 39-70. An Ordinance Amending Or- dinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new subsection 22 to Section A of Schedule III thereof to provide that east and west bound vehicles on Goethe street must stop before ent- ering the intersection of Sheridan Street......... 27—Oxus Grotto, requesting a parade permit . ............ Aug. 3—O'Connor, Brooks, Ahrendt and Brooks, audit re- port certified for the fiscal year 1969 ................. 3—Ordinance No. 40-70. An Ordinance Amending Or- dinance No. 56-61 known as the Buliding Code of the City of Dubuque, Iowa, by repealing Article 53 Fire Limits, and Section 5300 Fire Limits Established . ................................................ 3—Ordinance No. 41-70. An Ordinance Establishing a Fire Limits for the City of Dubuque, Iowa, for the purpose of protection of closely built com- mercial districts against the hazards of fire spreading from building to building, by supple- mentary Restrictions on the construction per- mitted within such limits ..................................... 17—Ordinance No. 42.70. An Ordinance Amending Or- dinance No. 33-49 known as the Traffic Code of Dubuque, Iowa, as amended, by repealing Sec- tion 12.1 thereof and enacting a new section 12.1 thereof and enacting a new section 12.1 in lieu thereof requiring that when two vehic- les enter an intersection from different high- ways or public streets at approximately the same time, the driver of the vehicles on the left shall yield the right of way to the vehicle onthe right............................................................ 17—Ordinance No. 43-70. An Ordinance Amending Or- dinance No. 37-65 known as the "Street Park. ing Meter Ordinance of Dubuque, Iowa" as amended by Repealing Subsection 6.1.5 of Section 6.1 of Parking Meter District A and by repealing subsection 6.1.6 of section 6.1 of parkin; meter district A thereof, removing both sides of Seventh Street between Main Page 253, 283 254 318, 337 261 262 263 283 284 302 310 312 312 333 INDEX -- BOOK 100 1970 SUBJECT Page 0 Street and Locust Street and removing the north side of Eighth Avenue between Iowa Street and Locust Street from said parking meterdistrict ........................................................... 334 " 17—Ordinance No. 4470. An Ordinance Amending Or- dinance No. 3.4.49 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...............................................................334, 399, 404 Sept. 8—Ordinance No. 45.70. An Ordinance Vacating por- tions of certain Streets and Alleys in the Down- town Urban Renewal Project Area ..................... 375, 4M5 " 8—Oeschger Thomas A., granted Class "B" Beer Per- nut............................................................................. 395 " 21—Ordinance No. 47-70. An Ordinance vacating por- tions of certain Streets and Alleys in the Down- town Urban Renewal Project Area and Amend- ing Ordinance No. 4670 ......................................... 404 " 21—Ordinance No. 48-70. An Ordinance prescribing regulation for the installing in or for buildings of pipes, fixtures and other apparatus for bringing in the water supply and removing liquid and water carried wastes, in the City of Dubuque, and the issuance of permits therefor: toprovide for the inspection of such plumbing end house drainage systems and for the en- forcement of such rules and regulations, and to prescribe penalties for the violation thereof: to create a plumbing board providing for exam- ination and licensing of plumbers, fixing a fee for licenses and prescribing a penalty for doing plumbing work or engaging in the plumbing without a license and to repeal Or. dinances No. 21.55, 40.55, 6455, 16.59, 53-59, 21-64 and 23.64 . ........... ................... .............. I ... I ...... . 406 " 21—Ordinance No. 49.70. An Ordinance Approving Agreement by and Between Dubuque County, Iowa, and City of Dubuque, Iowa Relating to Joint County -City Law Enforcement Center Building.................................................. " 21—Ordinance No. 50-70. An Ordinance Amending Ordinance No. 33-49 known as the "Traffic 410 Code of Dubuque, Iowa" as Amended, by re - Pealing Subsection 22 of Section A of Schedule IV thereof and enacting a new subsection 22 to Section A of Schedule IV in lieu thereof to lim- it parking of motor vehicles on Clarke Drive. 412, 436 28—Ohmert Donald L., liability policy .................. " 425 28 --Ordinance No. 51-70. An Ordinance Amending and Changing Ordinance No. 3.34 known as the "Zoning Map and Zoning Ordinance of the of Dubu qq u so and 10 ofBIowa" aChangeo 8 t9 Block 1, and Lots 8 9 and 10 Block 2 in Westchester Subdivision "Mul- frorn tiple Family Residence District Classification to "Local Business 'B" District Classification. 28—Ordinance No. 52-70. An Ordinance 427, 473 Amending Article IV, Section 2(i) of the Zoning Ordi- nance of the City of Dubuque, 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 addition to INDEX — BOOK 100 1970 SUBJECT Page W, the other uses permitted in the Multiple Fam- ily Residence District . ........................................ 427, 473 Oct. 5—Ordinance No. 46.70. An Ordinance Amending and Changing Ordinance No. 3-34 known as the ZoninMap and 'Zoning Ordinance of the City of Dubuque, Iowa so as to change certain pro- perty hereinafter described from "Single Fam- ily Residence District" to "Multiple Family Residence District" Classification (property at Clarke Drive and Heeb Street) ............................. 435 " 5—Ordinance No. 53-70. An Ordinance Amending Or- dinance No. 37-65 known as the Street Parking Meter Ordinance of Dubuque, Iowa by repeal- ing subsection 6.1.8 of Section 6.1 of Parking Meter District A and enacting a new Subsec- tion 6.1.8 of Section 6.1 of Parking Meter Dis- trict in lieu thereof to limit the parking of desig- motor vehicles on Streets hereinafter nated......................................................................... 436 " 5—Ordinance No. 54-70, An Ordinance Amending Or dinance No. 37-65 known as the Street Parking Meter Ordinance of Dubuque, Iowa by repeal- ing subsection 6.1.9 of Section 6.1 of Parking Meter District A . .................................................... 437 " 5—Ordinance No. 55-70. An Ordinance Amendingg Or- dinance No. known the Street Park. 37-65 as ing Meter Ordinance of Dubuque, Iowa byy re- pealing subsection 6.2.10 of Section 6.2 of Park- ing Meter District B thereof, removing both Street sides of Ninth Street between Iowa and Main Street from said Parking Meter District. 437 " 5•—Ordinance No. 56-70. An Ordinance Amending Ordinance No. 78 by Repealing Section 31 thereof and enacting a new Section 31 in lieu thereof to prohibit giving a false or fradulent report of a crime, a fire, or an accident by hospital, calling any peace officer, physician, ambulance service or fire department ............. 438 Nov. 2—Ordinance No. 57-70. An Ordinance Establishing a grade on an alley east of Alpine Street for distance of 263.5 feet between Reeder and DodgeStreets......................................................... 474 " 2--O'Neill's Riverview Subdivision, request of annexa- tion of property . ................................................ " 2—Osco Drugs, granted Class "C" Beer Permit ............. 487 488 " 2—Oleson Karl H., granted Class "C" Liquor Permit. 489 " 4—Ordinance No. 58-70. An Ordnance authorizing Constance Supple and Mildred Brady to con- struct an electrical outdoor lamp at 1270 West FifthStreet............................................................. 495 Dec. 7—Ordinance No. 59-70. An Ordinance Amending Ordinance No. 10.68, commonly known as the "Fire Prevention Code for the City of Dubu- que, Iowa by repealing Section 1 thereof and enacting a new section 1 in lieu thereof to provide that the City Council adopt the Fire Prevention Code Recommended by the Ameri- can Insurance Association being particularly 513 the 1970 addition thereof . ................................ " 7—Ordinance No. 60-70. An Ordinance Amending Or- dinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by adding a A Schedule III new subsection 23 to Section of thereof to provide that eastbound and west- bound vehicles must stop before entering the INDEX — BOOK 100 1970 SUBJECT Page X intersection of Washington Street and East 25th Street ............................................................... 513 " 7—Ordinance No. 61-70. An Ordinance Amending Or- "Traffic Code dinance No. 33-49 known as the of Dubuque, Iowa" as amended by adding a new subsection 6 to Section C: of Schedule X and a new subsection 7 to Section C of Sched- ule X thereof to require eastbound vehicles to yield the right of way before entering the south intersection and the north intersection of St. John Drive and Graham Circle . ............ 514 " 7—Ordinance No, 62.70. An Ordinance. Amending Or- dinance No. 33.49 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 in- tersection and the north intersection of St. John Drive and Graham Circle ............................. 515 " 14—O'Connor, Brooks, Ahrendt and Brooks, to audit the City for the year 1970 ..................................... 522 " 14—Ordinance No. 63-70. An Ordinance Amending Or- dinance No. "Street 37-65 known as the Park. ing Meter District B and by repealing subsec- tion 6.2.3 of Section 6.2 of Parking Meter Dis. trict B threeof removing west side of Bluff Street between Eighth and Ninth Streets and removing both sides of Locust Street between Sixth and Seventh Streets from said Parking A"ter District......................................................... 524 " 14—Ordinance No. 64-70. An Ordinance Amending Or. dinance No. 37-65 "Street known as the Park- ing Meter Ordinance of Dubuque, Iowa" by re. pealing 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 6.1.2; 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 herein- after designated . ............................. 14—Ordinance No. 65.70. An Ordinance Amending Or- dinance No. 33-49 known as the "Traffic 524 Code of Dubuque, Iowa" as amended by Repealing subsection 83 of Schedule VI thereof and re- pealing subsection 84 of Schedule VI thereof and enacting a new subsection 83 of Schedule VI and enacting a new subsection 84 of Sched- ule VI in lieu thereof toprovide 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 Ninf Street from ndtbothreet to Iowa Street sides of West Ninth Street from Iowa „ Street to Central Avenue, 14—Ordinance No. 66.70. An Ordinance Providing for Municipal Collection of Garbage 525 and Refuse; Defining Terms; Prescribing Rules and Regu• lations therefore; Establishing a Collection Fee therefore; Requiring City Manager to prepare "Delinquent List" and Providingfor the collec- tion of Delinquent Charges as provided by law; Restricting the Private Collection of Garbage INDEX — BOOK 100 1970 SUBJECT Page O and Refuse; Providing for the Licensing and regulation of Private Garbage and Refuse Col- lectors; Prescribing Rules and Regulations for Hauling Garbage, Refuse and other Waste Ma- terials within or through the City of Dubuque; Prohibiting the Deposit of Litter within the City of Dubuque; Providing Penalties for Violation thereof; and Repealing Ordinances 38-53 and 3 -68 . ........................................................ 526, 527 14 --Ordinance No. 67-70. An Ordinance Amending Or- dinance No. 4-68 by repealing Section 12 There- of and enacting a new Section 12 in lieu there- of to establish fees for the use of the public landfill....................................................................... 529 29—Ordinance No. 68-70. 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 corporation limit ..................................... 550 INDEX — BOOK 100 SUBJECT Page P Jan. 5—Pregler Walter A., sworn in as Councilman. ...... 1 " 5—Planning & Zoning Commission, recommending denial of petition to rezone property in Davis Residence to Farm Addition from Multiple Business "B" classification ................................. 5—Planning &Zonin Commission recommending the amendment of the Zoning ordinance to permit 1 two roomers in each dwelling unit other than the family residing there ..................................... 10, 42 " 5—Planning & Zoning Commission, recommending the adoption of an ordinance prohibiting the issu- ante of building permits to owners of real es - state for which a zoning reclassification has ll, 43 beeninitiated.......................................................... " 5—Peoples Natural Gas, requesting permission to ex- 12 cavate in North Booth Street ............................ " 19—Project Concern, submitting recommendation as to their participation in low rent housing for theelderly............................................................... 19—Planning & Zoning Commission, approval of plat 23, 51 of Lot 1 of 1 of 1 of 1 of 2 of Highland Farm in the City of Dubuque, Iowa ............................. 28 Feb. 2 --Planning & Zoning Commission, recommending rezoning of property located at Dodge and Bry- ant Streets, from Multiple to Local Business "B" classification . ........................................ 39, 60, 100 2 --Prospect Street vacated, recommendation of the Planning & Zoning Commission that the street be made available for sale ..................................... 47, 329 " 2—Planning & Zoning Commission, approval of plat of Block 3 and Block 4 in "Thomas Farm Ad- dition" in the City of Dubuque ............................. 41) Mar. 2—Planning & Zoning Commission, recommending ap- proval of rezoning of property in Westchester Subdivision, lying adjacent to Woodland and Dana Drive, from Two Family to Multiple Resi- dence................................................................... 73, 102, 142 " 2—Planning & Zoning Commission, recommending the rezoning of property located on Rhomberg Station, Avenue, north of the Wareco Service from Local Business "A" to Local Business "B" classification ........................................... 73, 101, 142, 150 " 2—Planning & Zoning Commission, recommending the classification of recently annexed area south of Hempstead School and adjacent to Pennsylvania Avenue to Multiple Residence. 75, 101 " 2 --Peoples Natural Gas, requesting permission to excavate in Mineral Street . ................................ 76 " 2—Planning & Zoning Commission, recommending the vacation of certain streets and alleys in the Downtown Urban Renewal Project Area......... 83, 85 " 2—Planning & Zoning Commission, approval of plats of portions of the Downtown Urban Renewal Project. ........ 89, 90, 2931 348, 373, 449, 450, 530 " 23—Park Board, advising the Council of the condition of Hamm House Museum ..................................... 96 " 23—Park Board, advising the Council that they will not spend additional man hours on patrolling Alli- son Henderson Park . ..............................11....11...... 96 " 23—Peoples Natural Gas, requesting permission to excavate in South Locust Street ......................... 107 " 23—Peoples Natural Gas, requesting permission to ex- cavate in Lincoln Avenue . .................................... 107 April 6—Planning & Zoning Commission, recommending the rezoning of property in Sunrise Heights Subdi. INDEX --. BOOK 100 --- 1970 SUBJECT - page vision from Single Family to Multiple Family classification................................................... 119, " 6 ---Planning & Zoning Commission, approval of the 152, 200 Main Street Pedestrianway in the Urban Re- al Project Iowa R-15 . ............................................ ••.••••• .......*• .•.•. .... 125, 127, 154, 156, 158, " 6—Pennsylvania Avenue improvement with concrete 207, 209 curb and gutter from the W.Y.L. of Lot 2 of I of E% SWI/4 Section 21, T 89 N. R. 2E west- erly to the Corporation limits ..................... 129, 130, 174 6—Pennsylvania Avenue, improvement with Hot Mix - Hot Laid Asphaltic Concrete Paving from the W.F.L. of Lot 2 of 1 of E%-SWY4 Section 21 T 89 N. R. 2E westerly to the Corporation Limits.......................... ...................................... 6—Pennsylvania Avenue, improvement with Hot Mix - 132, 176 Hot Laid Asphaltic Concrete paving near West - ridge Drive, reconstruction . ................. 132 " 13—Powers Philip and Martha, Supreme Court decision in favor of City concerning the condemnation proceedings on a parcel of property fronting on John F. Kennedy Road ................... ....... 141 " 13—Park Board, requesting the Council to amend the Park Ordinance so as to establish closing hours for any specific park ............................................... 1,13 " 13—Peoples Natural Gas, requesting permission to excavate at intersection of the alley on Olive Street......................................................................... 145 " 13—Peoples Natural Gas, requesting permission to exvacate in Clarke Drive . .................... 145 May 4—Planning & 'Zoning Commission, recommending denial of petition to rezone property at 2.508 Roosevelt Street from Single Family to Local Business "A" District ............................................. 1.63 " 4—Planning & 'Zoning Commission, recommending ap- proval of petition to rezone property in M.L. 67 from Two Family to Multiple Residence class- ification, property is bounded by Mercy Medi- cal Center and Holiday Inn ................................. 164 " 4—Poire Catherine M., dismissal of suit . .................... 166 " 4--Petrakis Charles K. et. at., complaining of ac- cumulation of snow on Central Avenue in the 2500 block................................................................. 171 " 4—Presentation Sisters, grant of easement to the City ofDubuque............................................................... 173 " 11---Paar Marie M., Notice of Claim ................................. 192 " 11—Peoples Natural Gas, requesting permission to ex- cavate in North Main Street ................................. 193 " 11—Pape Norbert G. et. M., requesting rezoning of property at 3370 Asbury from Multiple Family to Business "B" classification . ............................ " 18—Pins Arthur W. & Margaret C., withdrawing ap- 193 plication for rezoning of "Old Timers Athletic and Supper Club Place." .................................... 202 " 18—Planning & Zoning Commission, approval of plat of Lots 3 through 6, Block 2 and Lots 3 through 6, Block 3 of Horizon West Subdivision. ........ 204 " 25 --Planning & Zoning Commission, recommending ap- proval of rezoning property in Highland Farm Subdivision from Single Family to Multiple Residence classification ......................................... 211 " 25—Property Owners required to make connections from the sewer, water and gas mains on streets to be improved with Hot Mix -Hot Laid Asphal- tic Concrete Paving . .......................................... 212 INDEX — BOOK 100 1970 SUBJECT Page P .lune ]—Planning & Zoning Commission, recommending rezoning of Block 10 of Sunset Park Subdi- vision No. 2 from Single Family to Multiple Residence classification. ......... *"** ................... 217 " 1—Planning & Zoning Commission, recommending denial of petition of Philip Langas to rezone property at 1105 Loras Blvd. to Local Business "B" classification . ................................217 268, 510, 520 " 1—Planning & 'Zoning Commission, recommending the vacation of aportion of Sycamore Street to the Dubuque Packing Company ................................. 218, 243 " 1—Planning & Zoning Commission, recommending denial of petition to rezone from Single Family to Two Family, Lot 2 of 2 and a portion of Lot 3 of 3 of M.L. 178 ..................................................... 218 " 1—Planning & 'Zoning Commission, recommending the amendment of the Multiple Residence District to allow structures to be used for Museums, Tours, Meeting Rooms, Private Dinner Parties, Restaurant, Cabarets, Gifts Shops and Antique Shops......................................................................... " 1—Peoples Natural Gas, requesting permission to ex- 223, 253 cavate id Fremont Avenue .................................... 225 " 1—Peoples Natural Gas, requesting permission to excavate in West First St ..................................... 225 " 9—Peoples Natural Gas, submitting 1969 Operating Statement................................................................. 232 " 9—Palmer Drugs, granted Cigarette Permit ................. 237 " 15—Perry Street, 1969 Curb & Gutter Project, com- pleted and accepted ............................................... 244 15—Polfer Joseph, granted Cigarette Permit ................. " 245 15—Potter Robert, granted Cigarette Permit ................. " 246 29—Peru Road -Davis Street Sanitary Sewer, prelimin- ary plans and specifications . .................... 257, 314, 389 29—Papin Madeline, granted Cigarette Permit . ............ " 262, 361 29—Pins Arthur, granted Cigarette Permit . ................ 262 29—Potter Robert, granted Cigarette Permit ................. 29—Plumley 262 Donald, granted Cigarette Permit ............. " 29 --Pusateri Michael F., granted Cigarette Permit. " 262, 499 262 .. 29—Pins Arthur-, granted Class "B" Beer Permit......... " 263 29—Pins Arthur, granted Class "C" Liquor Permit.... " 265 29—Pusateri Michael F., granted Class "C" Liquor Per- mit............................................................. July 20—Planning & Zoning Commission, recommending denial of petition to rezone Lot 1 of 3 of John 265 P. Mettel's Sub No. 2, which is located on Asbury Road . ................ „ ........................................ 20—Planning, & Zoning Commission, recommending denial of petition to rezone Lots 316 and 311 280 In Lennox Addition ...................... 281 20—Planning & Zoning Commission, recommending re- zoning of property in Westchester Subdivision which would authorize professional offices at 2105 Kennedy Road, as requested by Delos ""Dorweiler....................................... 20—Paradiso Joe, reappointed """"""' ' ' to the Advisory Com- 282 mission. .................................................................... 20—Planning & Zoning Commission, recommending that Lot 1 of 3 and Lot 1 of 4 in John 299 P. Met- tel's Sub. No. 2 remain in Multiple Residence District classification. ........... " 27—Plumbing Ordinance, submitted by the Building CodeCommittee 281 .................................................... Aug. 10—Prospect Street vacated, now known as Lot 32A 301, 406 and 40A Coriell's Dubuque, approval of plat. 329 INDEX - BOOK 100 1970 SUBJECT Page " 17—Plumley Donald, granted Cigarette Permit ............. 339 " 24—Planning & 'Zoning Commission, recommending the rezoning of property located at Clarke Drive and Heeb Street from Single Family to Multiple Residence . ................................................ 346, 435 " 24—Pusateri Michael F., granted Class "B" Beer Permit. 349 Sept. 8—Parking Ramp on Iowa Street, informal bids to be taken to correct the ticket dispenser area. 358 " 8—Pennsylvania Avenue, installation of street light recommended ........................................................... 350 8—Planning & Zoning Commission, approval of final plats in the Downtown Urban Renewal Area. ........... 373, ............................. .......... ........... 449, 450 " 8—Planning & Zoning Commission, approval of agree- ment between the City and the Highway Com- mission for a preliminary engineering study of the freeway system in the City of Dubuque..... 386 " 8—Planning & 'Zoning Commission, approval of pro- posed Municipal Garage ......................................... 392 " 14—Peterson Lloyd, reappointed to the Airport Com- mission....................................................................... 399 " 21—Planning & Zoning Commission, recommending ap- proval of plans for the Law Enforcement Cen- ter..................................................................... 401, 424, 446 " 21—Planning & Zoning Commission, recommending rezoning of property in Westchester Subdivi- sion located on the south side of Asbury Road, approximately 800 feet west of Kennedy Road, to Local Business "B" classification . .......... 401, 427, 473 " 21—Planning & Zoning Commission, recommending the Zon- amending Article IV, Section 2 (i) of ing Ordinance to include Lot 2 of 2 of 2 of Out Lot 670 so that an offstreet parking lot can be constructed (17th & Locust Sts.)......... 402, 427, 473, 427, 473 " ...................................................... 21—Petsch Philip F., Notice of Claim ............................. 403 " 28—Planning & Zoning Commission, recommending of the approval of the voluntary annexation property south of the present city limits......... 424 Oct. 5—Plowman Rich M., Notice of Claim ......................... 434 " 5—Peoples Natural Gas, requesting excavation permit at 2354 Lincoln Avenue ......................................... 438 Nov. 2—Petrakis John, requesting that Petrakis Park be cleaned up or that his name be disassociated " withthe park........................................................... 2—Plumbing Board, appointment of Leonard J. Backes, 470 James C. Davis, Walter A. Pregler, Robert G. Steichen and Dr. Robert G. Vernon...................4472 " 2—Palmer Robert A., Notice of Claim ......................... " 16—Planning & Zoning Commission, recommending the 'Rock- annexation of property on both sides of dale Road and south of an extension of South- ern Avenue as requested by Mississippi Valley Milk Producers Association . ............................... 498 Dec. 14—Public Safety Fund, transfer of $93,036.97 from 543 " the Emergency Fund ............................................. 29—Planning & Zoning Commission, recommending approval of plat of Block 1; Lots 1-21 Inc. of Block No. 2; Lots 1.13 inc. & Lots 41-50 inc, in Block No. 3, Sunset Park Subdivision 551 No. 3......................................................................... INDEX — BOOK 100 1970 SUBJECT rage R Jan. 5—Russo R. N., appointed City Solicitor ......................... i 8 " 5—Rempt Mildred M., settlement of suit .................... 5—Roomers or Boarders in private dwelling unit 40, 42 limited to two persons.....................................10, 23 " 19—Roling Gilbert, sidewalk bond .................................. 24 " 19—Rang Rita M., settlement of claim ............................. " 19—Rubella or German Measles, Dubuque County Med- ical Society requesting financial help from the Cityof Dubuque ..................................................... 26 " 19—Riekena Doris M., offer to purchase a parcel of land located in the Downtown Urban Renewal area . ............................32, 81, 295, 304, 350, 381, 457 Feb. 2 ---Report for the City of Dubuque for the Fiscal Year 1969, submitted by the laity Auditor ................. 39 " 2—Rettenmaier Vincent Mrs., Notice of Claim ............. 39 " 2—Retirement Investment Corporation, Grant of Ease- ment to the City of Dubuque ............................... 48 " 2—RET CORPORATION, application for annexation Hemp- of 65.108 acres located directly south of stead High School and adjacent to Pennsyl- vaniaAvenue........................................................... 50. 51 " 2—RET CORPORATION, requesting rezoning of re- cently annexed area to Multiple Residence Dis- trict Classification................................................. 51 " 16—Rainbo Oil Company, Notice of Suit ................... 59, 166, 167 " 16—Resurrection Mens Service Club, requesting per- mission to hold their softball tournament at Riverfront fields in June, 1970 ............................. 60 " 16—Russo R. N. to defend action in U. S. District Court, wherein Joseph James Piluzza is plain- tiff and certain members of the Police Depart- ments are defendants . .......................................... 67 Mar. 2—Report of Water Department Audit for the year 1969 . ........................................................................ 72 2—Russo R. N., bond . ........................................ " 2—Rogers Veola, Notice of Claim . ................................ 74, 98 " 2.—Richard Construction Co., requesting rezoning of property in Sunrise Heights Subdivision to Multiple Family Residence classification......... 76 " 2—Report of the City of Dubuque 1969 Municipal Streets and Parking . ....................................... I...... 81 " 2—Richard James, appointed to the Board of Zoning Adjustment............................................................. 94 " 2—Rossiter & Hamm, Architects & Engineers, sub- mitting a report on the feasibility of remodel- ing the 3rd floor of the City Hall ......................... 94 " 23—Recreation Commission, submitting their 1969 ac- tivity report............................................................. 97 April 6—Ruprecht Helen, Notice of Claim ............................. 120 (i—Rhomberg Avenue, improvement with Hot Mix - Hot Laid Asphaltic Concrete Paving from the N. P. L. of Marshall Street to Wisconsin " Bridge....................................................................... 6—Richie Drive, improvement with Bituminous Con. Paving 132, 176 crete from the N. P. L. of Pennsylvania Avenue to the S. P. L. of Key Corners ............. 134, 180 " 13—Ruble Terry, Notice of Claim ..................................... 141 " 20—Rolling Mary Anne, supporting the lawnsitters at Allison -Henderson Playground " ............................. 20—Reynolds Hal, appointed to the Low Rent Housing 151 Agency....................................................................... 161, 187 May 4—Riverside Bowl, requesting permission to vacate Hawthorne Street from Kerper Boulevard to Lake Street for the Dubuque Boat show........... 170 INDEX — BOOK 100 1970 SUBJECT Page R " 4—Roshek Department Store, protest of assessment ofreal estate........................................................... 188 June. 1—Richman Richard, settlement of claim ..................... 220 11 9—Radloff Minnie R., granted Cigarette Permit......... 237 " 15—River Valley Community Action Agency, request- ing a cash pledge of $5000 from the City of Dubuque for the 1970-71 year ............................. 244 " 15—Ruegnitz It. S., granted Cigarette Permit ................. 245 ,. 15—Ring Richard J., granted Cigarette Permit ............. 246 29—Recreation Commission, requesting a meeting with the Council concerning the housing of the GirlsCenter. ............................................................ 255 " 29--Reisdorf Joseph E., granted Cigarette Permit......... " 29—Rainbo Oil Company, Cigarette Permit..... 261 262 granted " 29 ---Rem Thomas J., granted Cigarette Permit. ........ " 29—Randall's Foodarama, Cigarette Permit..... 262 262 granted " 29—Rohek's Department Store, granted Cigarette Per- mit............................................................................. 262 " 29—Ring Louis A., granted Cigarette Permit ................. 262 " 29—Riverside Bowl, granted Cigarette Permit . ............ 263 29—Reisdorf Joseph Edward, granted Class "C" Liquor Permit....................................................................... 265 29—Riverside Bowl Inc., granted Class "C" Liquor Permit....................................................................... 265 July 6—Riley Owen, submitting resignation from the Du- buque Advisory Board . ........................................ 267 " 6—Report for the City of Dubuque Office of Emer- gency Planning Flood Disaster Grant for the period of April 25, 1969 to April 25, 1970......... 268 " 6—Riekena Doris, granted Cigarette Permit . .............. 276, 517 " 6—Rettenberg Max, granted Cigarette Permit ............. " 276 27—River Valley Community Action Program, request- ing $2500 for the 1970 Summer Governor's Youth Program. ...................................................... Aug. 3—Ruder Richar, sidewalk bond . ................................ 302 310 " 3 --Rose Charles, objecting to any action of the City concerning property at 706 Providence Street. 309 " 3—Riverside Bowl Inc., granted Class "B" Beer Per- mit............................................................................. 323 " 10 --Roth Marie et. al., requesting erection of a re- taining wall at 1313 Dodge Street to prevent further soil erosion . .............................................. 326 " 17—Ridge Motor & Machine Co., objecting to other businesses hampering their operation on East 12thStreet............................................................... 332 " 17—Reynolds Tial F., appointed to the Low Rent Hous- ............... . ing Commission....................................................... 336 " 24—R & S Enterprises, purchase of Lot 2 of Block 6 in Dubuque Downtown Plaza . ......................350, 381, 457 Sept. 8—Randalls Foodarama, granted Class "B" Beer Per- mit............................................................................. 395 14—Ream Ida Mrs. Notice of Claim ................................. 398 " 21—Rogers Katherine Mrs., Notice of Claim ................. 404 " 28—Re►sen Ralph A., sidewalk bond ................................. 425 Oct. 5—Reisdorf Joseph, granted Class "B" Beer Permit... 452 Nov. 2—Robinson Gerald L., granted Class "B" Beer Per- mit. .. ......... .... ..... ... 488 " ?—Robinson Gerald L., granted Class "C" Liquor Per- mit............................................................................. " 16—Robinson Gerald L., granted Cigarette Permit. .... 489 504 INDEX — BOOK 100 1970 SUBJECT Page S Jan. 5 --Steger Heights, rezoning of property from single family to multiple residence district classifica- tion........................................................................... 5—Sanitary Sewer Bies Drive 1969, preliminary plans 9 and specifications.............................................12, 82, 387 " 5—Stierman Jerold F., granted Class "B" Beer Per- mit............................................................................ " 5---Stierman Jerold F., granted Class "C" Liquor Per- 20 mit............................................................................. " 19--Saffran Construction Company, liability policy..... 21 13 " 19—Sherman Joseph R., offer to purchase a parcel of land located in the Downtown Urban Renewal area . ............................32, 81, 295, 304, 350, 381, 457 " 19—Sanitary Sewer, Kennedy Road, west side, from Spring Valley Road to 32nd Street, preliminary pptans and specifications . ........................34, 76, 78, 124 Feb. 2--Schiltz & Sons Construction Co., liability policy..... 38 " 2 --Spanish American War Auxiliary, requesting per- mission to conduct a tag day ............................. 47 " 2—,Sheppley Foundation, presentation of a fully eqquipped Ambulance to the City of Dubuque. " Human 55 2—Sjobakken Gerald, reappointed to the Rights Commission . ................................................ 57 " 16—Stork Charles E., appointed to the Human Rights Commission............................................................. 64 Mar. 2—Sunrise Heights Subdivision, request for rezoning of property to Multiple Family District clas- sification...................................................76, 119, 152, 200 " 2—Sanitary Sewer, "Sara S. & Edward R. Bartels Place at Center Grove", .certification of cost, and establishing a connection charge for hook- ing up to sewer ....................................................... 79, 80 " 2—Schumacher Earl, granted Cigarette Permit. ........ 92 " 2—Sheldon Aubrey H., granted Cigarette Permit......... 92 " 2—Schwartz Lawrence, granted Class "B" Beer Per- mit............................................................................. 93 " 2—Schumacher Earl, granted Class "C" Beer Permit. 93 " 2—Scherrer Charles, addressed Council relative to property purchased from Urban Renewal for a parking lot .......................................................... 95, 108 " 23—Stecher Amelia, Claim denied ................................... 98 " 23—Stevens Jack Alan, requesting permission to pur- chase Lot 2 of 1 of 2 of George Jecklin Farm. 107 " 23 -Sorensen George, granted Class "B" Beer Permit. ill " 23—Schumacher Earl, granted Class "C" Beer Permit. 112 " 23—Sorensen George, granted Class "C" Liquor Per- mit............................................................................. 112 April 6—Stoltz Ed J. et. al., requesting the sealcoating of Ridgeway Avenue ................................................... 121 " 6—Schiltz Development Corporation, requesting per- mission to install underground wiring street lights in Sunset Park ............................................. 122 " 6—Shiras Avenue, improvement with Hot Mix -Hot Laid Asphaltic Concrete Paving replacement west of Rhomberg Avenue intersection ........... 132, 176 " 6—Sharon Drive, improvement with Bituminous Con- crete Paving from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Key Corners ................. 134, 180 " 6—Sorensen George, granted Cigarette Permit ............. 138 " 13—Steuer Dale H., Notice of Claim ................................. 141 " 13—Schumacher Frank Mrs, et. al., requesting that Al- lison -Henderson Playground be kept open all night......................................................................... 143 " 13—Sherman John, reappointed to the County -City Authority................................................................... 147, 173 INDEX — BOOK 100 1970 SUBJECT Page S " 20- Scholbrock Margaret, requesting permission to open a beauty parlor in her home on Roosevelt Street......................................................................... 152 " 20—Sertoma Club, requesting permission to have a circus on Industrial Island ................................... 153 " 20—Stecklein Richard N., granted Class "B" Beer Per- mit............................................................................. 159 May 4—Spiegel William, liability policy ................................. 165 4—Saffran Construction Company sidewalk bond..... "piegel William, sidewalk bond 165 " .................. 4 --Sisters of The Presentation, of easement to 165 " the City of Dubuque ............................................. 173 4—Sherman John, appointed Commissioner of the City -County Authority ........................................... 173 " 11—Stewart Street, installation of a street light recom- " mended by the City Manager ............................... I"mith Construction Inc., liability 191 198 " policy ................ 18—Schromen Kenneth, sidewalk bond 198 " ........................... 18—Schollmeyer Paul W., granted Class "B" Beer Per- mit ............. ....... ........... .... ............ ....... ...... ............... 206 " 25—Soden John R., requesting enforcement of four year maintenance bond covering St. Celia Street.............................................................. I.......... 211 June 1—Sunset Park Subdivision No. 2, Block 10, approval of the Planning & Zoning Commission to re- zone from Single Family to Multiple Residence classification........................................................... 217 " 1—Simpson Edward J. et. al., objecting to sanitary conditions at 706 Providence Street ................. 224, 251 " 1—Sfikas Pete S. & Gust Karigan, granted Class "B" BeerPermit.............................................................229 " 9—Schueller Marie E., Notice of Claim.........................282 " 9—Schneller Mathias A., granted Cigarette Permit. .. .. 237 " "chaffert L. G., granted Cigarette Permit ............. 237 " 9—Super 20 Drive In Theatre, granted Cigarette Per- mit .... .... ................. ............................. ................ ....... 238 " 15—Swift Plumbing & Heating,liabilitypolicy............. Frank, Cigarette Permit 240 245 15—Schwind granted ............... 15—Schwartz Lawrence & Ethel, granted Cigarette Per- mit ......... .... ... ............. ............ ............... ............. ....... 245 " I"Iefker John S., granted Cigarette Permit ............. 246 " 15 --Sorensen George, granted Cigarette Permit ............. 246 " " I"teffen John, granted Cigarette Permit ................... 15—Sands Donald, granted Cigarette Permit ................ 246 246 " 2"pring Green Court, installation of a street light recommended...........................................................251 " 29—Sanitary Sewer, completion and acceptance of 8 Harold Molo inch sanitary sewer, owned by andJohn A. Link ................................................... 256 " 29—Sanitary Sewer, preliminary plans and specifica- Peru Road " tions for the construction of the Davis Street Sanitary Sewer ................................. 257, 258 261 " 29—Savary John L., granted Cigarette Permit ............. 262 " 29—Schumacher Earl, granted Cigarette Permits. ........ Cigarette Per- 29—Sears Roebuck & Company, granted mit.......................................................................... 262 " " 29—Shanahan Francis, granted Cigarette Permit......... 29—Sauer Eugene, granted Cigarette Permit ................. 262 262 " 29—Stampfers Department Store, granted Cigarette 262 " " Permit....................................................................... 29—Shike-Richardson, granted Cigarette Permit. ........ 29—Sutter Joe, Cigarette Permit 262 262 " granted ...................... 29—Schollmeyer Paul W., granted Cigarette Permit... 262 262 " 2a --Schumacher Earl, granted Cigarette Permit. ........ 262 " 29--Stecklein Richard N., granted Cigarette Permit..... INDEX — BOOK 100 1970 SUBJECT Page S " 29—Spiegelhalter Melvin A. granted Cigarette Permit. Permit. 262 262 " " 29—Scherer Emma, granted Cigarette ............ 29---Spiegelhalter Melvin A., granted Class "B" Beer " Permit..................................................................... 29 --Savary John L., granted Class "B" Beer Permit..... Donald "B" Beer Permit..... 263 263 263 " " — T., granted Class 29Sand 29 Earl, granted Class "C" Beer Permit. 263 " --Schumacher 29 --Savary John L., granted Class "C" Liquor Permit. 265 " 29—Stecklein Richard N., granted Class "C" Liquor Permit....................................................................... 265 " " 29 --Sand Donald T., granted Class "C" Liquor Permit. 29—Schollmeyer Paul, granted Class "C" Liquor Per- 265 ............................................................................ mit.` 65 July " 6—Schiel Judith A. granted Cigarette Permit........... 20—Schromen Ken, liability policy . ................................ 276 279 " 20—Sycamore Street, conveyance of unvacated portion to Dubuque Packing Company . .......................... 291 " 20—Sfikas Pete S. & Gust Karigan, granted Class "C" LiquorPermit . ........................................................ 298 " 2"inith Doyle Mrs., reappointed to the Advisory Commission............................................................... 299 " 20—Sigwarth Anthony Rev., reappointed to the Ad- visory Commission . ................................................ 299 " 27—Steffen Steve Mrs., Notice of Claim. _ ..................... 301 " 27—Schiel Donald G. et. al., requesting lighting on from Loras to Asbury University Avenue Road........................................................................... 302 " 27—Sanitary Sewer, John F. Kennedy Road -1969. from Kaufmann Avenue to Old Timers Athletic Club Place, completed and accepted. ........305, 365. 366 " 27—Sweet Harold, reappointed to the Playground & Recreation Commission . ........................................ 307 " 27—Swift Adrian, reappointed to the Board of Heating, Ventilating, Air Conditioning & Refrigeration. 307 Aug. 3—Spiegelhalter Melvin A., granted Class "C" Liquor Permit....................................................................... 324 to 10—Scherer Emma M., granted Class "B" Beer Permit. 330 It 17--Schlueter Marie, Notice of Claim . ............................ 333, 402 " 17—Schreiber F. J., appointed to the Dock Commis- sion............................................................................. 342, 489 " 2"tudier Adeline, ordered to dismantle and clean up premises located at 942 Dodge Street......... ......................................................... 343, 344, 420, 534 "24—Styer Harold, Notice of Claim ............... ................ 348 Sept. "tewart Excavation Company, liability policy. ... 358 8—Sanitary Sewer, John F. Kennedy Road from Spring Valley Road to 32nd Street, East Side, preliminary plans and specifications. .............. ................................. 390, 391, 443, 444 " 8—Sfikas Bessie, granted Class "B" Beer Permit. ...... 395 " 8—Sfikas Bessie, granted Class "C" Liquor Permit..... 396 " 21—Senior High School, requestinpermission to con- duct a homecoming parade. 28—Strub Robert L. et. al., objecting to the proposed annexation of area south of the present City limits................................................... . ..................... 424 " 28—Schreiber David, sidewalk bond ................................. 425 Oct. 12--Sfikas Pete, granted Cigarette Permit 462 " ..................... 12—Sanitary Sewer and water lines to serve the an- nexed properties of Tower Investment and Waller -Byrne Table Mound Mobile Home Park. 16—Spielman Charles J., granted Cigarette Permit..... 462 463 " 16—Spielman Charles J., granted Class "B" Beer Per- mit....................................................... . ..................... 464 INDEX — BOOK 100 1970 , , --.- - SUBJECT Page S " 16—Spielman Charles J., granted Class "C" Liquor Permit. ......................................... ......... Nov. 2--Steichen Robert G., appointed to the Plumbing 464 Board......................................................................... " 471 2—Steines LeRoy, Notice of Claim ................................. " 472, 523 2—Supple Constance & Mildred Brady, requesting permission to construct an outdoor electrical lamp. .................................... ........ " 2—Sanders Donald E.'appointed to the Planning & 474, 495 'Zoning Commission ................................................ 489 " 2—Schmitt David M., Notice of Claim ........................... 492 " I"hireman Bernard J., Notice of Claim. .... ... I ...... 1..... 498 " 16—Schultz John Mrs., Notice of Claim ......................... 499 16—Sewage Treatment Plant, application for a Federal Grant for the second construction phase......... ................................................... . ....... 505, 506, 549 Dec. 7—Salvation Army The, requesting permission to have a Bell Ringer's Booth . ................................ 509 " 7—Simmons Dortha K., Notice of Suit . ........................ 512 " 7—Sixth Street, request for installation of a street light........................................................................... 516 " 7—Sanitary Sewer to Service Lot 2 of 1 of 1 of 2 of 2 of Grote Place, which is an extension of Moore Heights Sanitary Sewer, completed and accepted................................................................... 516 " 7—Schaffert L. G., granted Class "B" Beer Permit..... 517 " 14—Streets and Parking Budget Report For The Year 1971........................................................................... 540 " 29—Sunset Park Subdivision No, 3, approval of plat of Block No. 1; Lots 1-21 inc. of Block No. 2; Lots 1-13 inc. & Lots 41-50 inc. in Block No. 3......... 551 r , INDEX — BOOK 100 1970 SUBJECT Page T Jan. 5—Telegraph Herald, appointed the officials newspa- per for the City of Dubuque ............................... 2 " 19—Teasdale Mildred M., Notice of Claim ..................... 25 Feb. 2--Tressel Paul, Notice of Suit ........................................ 40 " 2—Thomas Farm Addition, approval of plat of Block 3 and Block 4 ......................................................... 49 " 2--Thompson's Food Markets Inc., granted Cigarette Permits.................................................................55, 1313, 237 " 2---Thompson's Food Markets, Inc., granted two Class ,.C" Beer Permits...............................................56, 138, 263 " 16—Tower Investment Co., requesting permission to connect to city water located on Rockdale Road........................................................................... 60, 412 " 16—Thruput Terminals, grant of easement for Flood Protection Works . .................................................. 61 Mar. 2—Terry Agnes M., Notice of Claim ............................... 74, 167 Aril 6—Tri State Paving Company, liability policy ............. 117 20--Tritsch Ralph B. Airs. complaint relative to water drainage problem . .................................................. 149 May 4—Transamerica Insurance, Notice of Suit ................ 167 " 11—Thul William, objecting to Playground activity on Burden Avenue ........................191, 249, 250, 267, 311 " 18—Tree Planting and Landscaping on Iowa Street, completed and accepted ......................................... 203 June 1—Tri State Paving Company, sidewalk bond ............. 217 " 9—Tressel Allen E., granted Cigarette Permit ............. 237 " 9—Trapp Marita, granted Cigarette Permit. ......... I...... 237 " 9—Tigges Doris J., granted Cigarette Permit ................. 238 " 15—Tschiggfrie Excavating, liability policy3 .. .................. 240 " 15—Tschiggfrie Raymond, granted Cigarette Permit..... 246 " 29—Turnau Opera Company, relative to preserving the Orpheum Theatre ............................................. 249 " 29—Trausch Bakery, granted Cigarette Permit ............. 263 " 29—Tarry Leone, granted Cigarette Permit ................... 263 July 6—TOWN CLOCK Removal and Relocation Project, preliminary plans and specifications................. ................................ 274, 275, 302, 303, 314, 326, 355 Aug. 17—Thompson Frank Mrs., objecting to the condition of a sidewalk on Locust Street and First Street. 332 " 8—Traffic Signal and Street Lighting Project for 1970, on Locust Street, Fourth Street, Fifth Street and Ninth Street . ....................388, 389, 413, 428 " 8—Tobacco Village, granted Cigarette Permit ............. 394 " 8—Tarry Leone, granted Class "B" Beer Permit......... 3415 " 8—Tarry Leone, granted Class "C" Liquor Permit..... 396 " 21—Tower Investment Inc., requesting annexation of property south of the present corporation limits . ......................................................412, 424. 458, 4611 Oct. 5—Tigges Doris J., granted Class "B" Beer Permit..... 452 Nov. Z –Tax Levy Emergency, application to levy an Emer- gencyTax .............................. ....... 468 " 2—Tax Levies For The Year 1970, The Taxes To Be Collected In The Year 1971 ................................. 469 " 16—Traffic Signal Project No. 1 at Dodge & Bryant Loras & Grandview and John F. Kennedy Road & Pennsylvania Avenue, completed and ac- " Dec. cepted....................................................................... 16—Tigges Doris, granted Class "C" Liquor Permit..... 14—TOWN CLOCK PLAZA, 501 505 name chosen for the Urban Renewal Pedestrianway by Florence " Beeke ......................................................................... 14—Time Finance Corporation, purchase of property in Lot 1 of Block 3 in 520 Dubuque. Downtown Plaza........................................................................... 532 INDEX - BOOK 100 1970 _ - --- -__-SUBJECT SUBJECT Page U Jan. 5 -URBAN RENEWAL PROJECT IOWA R-15, Ac- cepting delivery of deeds to certain parcels of land in downtown Dubuque.......15, 61, 272, 294, 295 " 19 -Union Asphalt & Roadoils Inc., dismissal of suit, and settlement reached ......................................... 24 " 19 -URBAN RENEWAL PROJECT, Sale of $3,262,000.00 " Project Note............................................................ 19 -URBAN RENEWAL PROJECT, 29, 30 advertising of De- molition & Site Clearance Bids ............. 31, 91, 124, 554 " 19 -Urban Renewal Project, sale of parcel of land to Doris M. Riekena and Joseph R. Sherman of Iowa Coaches Inc ..... 32, 81, 295, 304, 350, 381, 457 Feb. 16-U. S. Corps of Engineers requesting additional for flooawall right of way on the riverside of the Floodwall Project . .................................... 62 Mar. 2• -URBAN RENEWAL PROJECT IOWA R-15, vaca- tion of streets and alleys, approval of plats of vacated streets and alleys, subdividing and dedicating certain lots in the downtown urban renewal area. ....85, 87, 88, 90, 125, 127, ................................ 292, 370, 372, 375, 376, 379, 450 of 23 -United States of America, Grant Agreement with the City of Dubuque for the development of the Dubuque Municipal Airport ......................... 110 April 6 -United Fund of Dubuque, support to future efforts to centralize Community Health programs by the City, County, School System and the V. N. A..................................................................... 116 " 6 -Urban Renewal Project, Iowa R-15, Main Street Pedestrianway, approval by the Planning & Zoning Commission. ......128, 127, 154, 156, 1581 207, 209 ., 20 -Urban Renewal Project Iowa R-15, Sale $3,235,000 Project Notes. ........158, 159, 193, .......................................................................... 194, 368, 416 May 4 -United States of America, right of entry in con- nection with the Mississippi River Flood Pro- tection Project......................................................... 173 " 11 -URBAN RENEWAL PROJECT IOWA R-15, ap. proval of Amendatory Contract Amending Con- tract No. Iowa R-15 (LG)..... ................ 196 " 18 -United States of America, renewal of lease cover- ing 0.85 acres in Ham's Addition which is used for a Naval Reserve Training Center ................. 199 June 9 -URBAN RENEWAL PROJECT IOWA R-15, ap- proval of Fixed Price Competition Method for offering certain land in the Downtown Urban " Renewal project . .................................................... 9 -URBAN RENEWAL PROJECT IOWA R-15, invita- 234, 272 tion of proposals for the redevelopment of property located at 7th and Main and 9th and Main Streets . ..............................235, 319, 320, 382, 384 " 9 -URBAN RENEWAL PROJECT IOWA R-15, intent to exempt certain real estate from acquisition National Bank ac- on condition that the First quires the real estate and enters into an agreement with the City for redevelopment " purposes . ................................................236, 296, 29 -URBAN RENEWAL PROJECT IOWA R-15, sale 321, 382 ofparcels of land to Optometry Center, Inc., 259, 260, 317, 337, 372 and to Ames Realty Inc . .......... July 6 -URBAN RENEWAL PROJECT IOWA R-15, invita- tion for proposals for redevelopment of prop. erty located at northwest corner of 5th & 1970 Sept. Nov. Dec. „ INDEX -- BOOK 100 SUBJECT U Locust and midway between 4th and 5th on Locust. Street. (Mo)o) ................273, 328, 338, 20 -URBAN RENEWAL PROJECT IOWA R-15, sub- dividing certain lots for public right of way and for other purposes . ........ 292, 369, 373, 377, 20 -URBAN RENEWAL PROJECT IOWA R-15, dedica- tion of certain lots for street purposes ............. 293, 370, 374, 378, 380, 20 -URBAN RENEWAL PROJECT IOWA R-15, ap proval of plate of Downtown Plaza. ....293, 348, .......... I ... I ................. 371, 374, 376, 378, 380, 8 -URBAN RENEWAL PROJECT IOWA R-15, au- thorizing contract for sale of land for re- development with Graham's Style Store For Men. .......................................................................... 8-URBAN RENEWAL PROJECT IOWA R-15, au- thorizing certificate of completion for Abeln Abstract Company . ................................................ 8 -University of Dubuque, granted Cigarette Permit. 21 -URBAN RENESWAL PROJECT IOWA R-15, reten. tion of Block 9 in Downtown Plaza for Public Parking Purposes . .................................................. 16 -United States of America, Department of In- terior, application for a Federal Grant for phase two of the Sewage Treatment Plant....... ............................................................................ 505, 7 -Updike Carlos, requesting refund on Christmas treepermit ................................................. 14 -Urban Renewal Pedestrianway now called TOWN CLOCKPLAZA . ...................................................... 14 -URBAN RENEWAL PROJECT IOWA R-15, sale of land in the downtown urban renewal area to Time Finance Corporation........ ....................... 14 -Urban Renewal Project Iowa R-15, chargeoff of delinquent rentals . ................................................ 29 -URBAN RENWAL PROJECT, IOWA R-15, Sale of $3,082.000 Project Notes (Series 1971) . ............ Lt Page 414, 415 451, 458 450, 531 450, 530 384, 502 384 394 419 506, 5441 515 520 532 533 553 1970 INDEX — BOOK 100 SUBJECT - -PAP - V April 6—VanderMeulen Kennth R., Notice of Claim........... 120 6—Veterans F'ark Road, improvement with Bitumi- nous Concrete Paving from W.P.L. of Balboa into Veterans Park ................................................. 134, 180 " 6—Vizaleea Drive, itnprovement with Bituminous Con- crete Paving from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Keymont Drive........... 134, 180 " 20—Visitation Academy, thanking City and County for officials allowing the students to partic- ipate in Youth for Government program......... 149 May 4—Van Duelman Carl, granted Class "C" Beer Permit. 186 " 18—Veterans Memorial Park Restroom Facility, com- pleted and accepted ............................................... 202 June 1—Vyverberg Richard Mrs., Settlement of claim......... 219 " 29—Van Duelman Carl, granted Cigarette Permit......... 262 Aug. 17—Veterans of Foreign Wars, requesting permission to conduct a tag day ............................................. 333 Sept. 8—V. F. W. Freedom Signature Week, proclaimed by Mayor Meyers . .................................................. 396 Nov. 2—Vernon Robert G. Dr., appointed to the Plumbing Board......................................................................... 471 [10 INDEX — BOOK 100 1970 SUBJECT Page W Jan. 5—Welsh Eva L., settlement of suit ............................. 8 " 5—Westside Manor Subdivision, petitions pro and con for the rezoning of property from Single Family to Local Business •'B" classification..... .................................................... 9, 10, 75, 140, 200. 222 " 5—Weber Merlyn L., requesting a refund on Liquor Permit No. C-1565 . ................................................ 12 Feb. 2—Water Department, application for Assistance Funds from the Federal Government Home Finance and Housing Agency . ............................ 38 " 2 --Woodward William, Requesting a deed to vacated Prospect Street. ....47, 192, 201, 255, 330, 351, 421 " 16—Washington Street Neighborhood Council, object- ing to the recent court ruling on the rezoning oftheir area........................................................... 60 " 16—Williams Roger D., grarted Class "B" Beer Permit. 63 " 16—Williams Roger D., granted Class "C" Liquor Per- mit............................................................................. 63 Mar, 2 --Water Department Audit for the year 1969 ............ 72 " 2—Wieser Maurice, Notice of Claim . ............................ 74, 270 " 2—Wa Tan Ye Club, requesting proclamation of Wa TanYe Week......................................................... 75 " 2 ---Westchester Subdivision, property lying adjacent to Woodland and Dana Drive, reqquest for re- from zoning Two Family to Multple Res- idence. ......................................... . ..................73, 102, 142 " 2—Westside Manor Subdivision, request of Patrick Chew for the rezoning of property in Block 25 from Single Family to Local Business `•B" classification.................................75, 140, 152, 200, 222 23—Weig Tom J., Notice of Claim ................................... 99 " 23—White William, granted Class •'C" Beer Permit..... 112 April 6—Winkler Louis J., requesting refund on Cigarette PermitNo. 236 ....................................................... . .. 123 6—White Street, improvement with Hot Mix -Hot Laid Asphaltic Concrete Paving from the N. P. L. " of 4th Street to the N. P. L. of 10th Street..... 132, 176 " 6—Wedig Kathleen L,, granted Cigarette Permit......... 6—Wedig Kathleen L., "B" 138 " granted Class Beer Per- mit. ........................................... ........................ 138 " 13—Water Department Development Report. ........148, 171, 172 20—Witt William, appointed to the Low Rent Housing Agency....................................................................... 161, 1aii May 4—Wooten Craig, requesting steps to be taken to " eliminate problem of pollution ............... 163 4—White Jerry A., relative to pollution problem creat- " ed by internal combustion engines ................... 163 " 4—Willy Construction Company, sidewalk bond......... 165 4—Welsh John M. et. al., objecting to the proposed " paving of South Grandview Ave ......................... 177 4 --Woolworths Department Store, granted Cigarette " " Permit. ........................................... 18—Winkler Louis J., granted Class "B" Beer Permit. I06 18 --Winkler Louis J., granted Class "C" Liquor Per. June „ mit...................................................... ."' •• 1—Walgreen Company, granted Cigarette Permit. 207 22b, 246 .. 1—Walgreen Company, granted Class "C" Beer Per- " " mit. ........................................................................... 1 --Wieser Maurice M., Notice of Suit 229 233 ............................. 9—Wareco Systems of Iowa, granted Cigarette Per- " " mit............................................................ 9—Warehouse Market, granted Cigarette Permit. 238 238 " ...... 9—Weiner Eva Lee, granted Cigarette Permit ............. 15—Walsh Stores, granted Cigarette 238 Permit. ..............1. 245 INDEX - BOOK 100 1970 SUBJECT Page W " 15—Westerfield Martin & Esther, granted Cigarette Permits..................................................................... 245 " 15—Walgreen Company, granted Cigarette Permit. .. 246 to 29—Walsh James E., requesting permission to excavate in Pennsylvania Avenue . ...................................... 255 to 29—Weiner Helen, granted Cigarette Permit ................. 261 "29—White William J., granted Cigarette Permit. ........ 261 " 29—Wunder Eileen, granted Cigarette Permit ............. 261 " 29—Wong Chuck N., granted Cigarette Permit ............. 262 " 29—Wooiworth Company, granted Cigarette Permit..... 262 " 29—Welter Harold B., granted Cigarette Permit........... 262 " 29—Winkler Louis, granted Cigarette Permit ............... 262 " 29—Wertz Donald E., granted Cigarette Permit........... 262 " 29—Williams Roger, granted Cigarette Permit ............. 262 " 29—Wunder Eileen, granted Class "K" Beer Permit.... 263 " 29—Weiner Helen, granted Class "B" Beer Permit..... 263 " 29—Weiner Eva Lee, granted Class "C" Beer Permit..... 263 " 29—Wunder Eileen, granted Class "C" Liquor Permit. 265 " 29—Weiner Helen, granted Class "C" Liquor Permit .... 265 July 6—Winkler Beatrice, granted Cigarette Permit......... 277 " 6—Wedig Kathleen L., granted Cigarette Permit......... 277 " 20—Wahlert Robert C., requesting permission to ex- tend Moore Heights Sanitary Sewer . ................ 285 " 27—Welsh Enterprises Inc., granted Cigarette Permit. 306 " 27—Welsh Enterprises Inc., granted Class "C" Beer Permit....................................................................... 306 27—Wright Kay, reappointed to the Playground & Rec- reation Commission . .............................................. 307 Aug. 3--Wernecke Dale & Albin A. Rhomberg, requesting rezoning of property in A. P. Woods Addn. and Umon Addition to Multiple Family Res- idence District . ........................................................ 327 " 17—Witt William J., appointed to the Low Rent Hous- ingCommission . .................................................... 336 " 24—Weida John & Agnes, ordered to dismantle and clean up premises located at 1203 Grove Ter- race (garages) . ......................................344, 420, 485, 486 " 24—Warne Kenneth A. et, al., requesting two hour parking on Clarke Drive between N. Grand- view Avenue and St. Ambrose Street ............... 347, 412 Sept. 8—Wilbur Lane, installation of street light recom- mended for the intersection of Wilbur Lane and Allce Street . ................................................... 360 " 8—Ward Minnie, Notice of Claim...................................360 " 14 --Wolf Agnes Ann, Notice of Claim ............................. 398 Oct. 5—Wahlert High School, requesting permission to conduct a homecoming parade . .......................... 438 " 12—Water Services and Sanitary Sewer to be extended to service the annexed property south of the present corporation limits . .................................. 461 Nov. 2 ---Woodhouse Lucille, Notice of Claim . ..................... 472 Dec. 7—Water Department, report for the month of Oc- tober1970................................................................. " 29—Wertz Donald E., granted Class "C" Beer Permit. 509 555 INDEX - BOOK 100 470 SUBJECT Page X Mar. 2—XLvier Hospital Gift Shop, requesting refund on Cigarette Permit No. 182 ..................................... 76 INDEX - BOOK 100 1970 SUBJECT Page Y Feb. 2—Y. W. C. A., requesting that "Youth for Govern- ment Day 1970" be established for April 13, 14 and 15 . ................................................................ 46 April 13—Y. W. C. A., requesting the proclamation of a "Dubuque Y. W. C. A. Week" ............................. 146 June 29 --Young G. Mrs., Notice of Claim ............................. 252 Oct. 12—Y. M. C. A., requesting permission to conduct a Halloween Parade ................................................... 455 INDEX - BOOK 100 1870 SUBJECT---- Page Z July 20—Zaimes Patrick, granted Cigarette Permit. ........... 297 Oct. 5—Zwack Anton, liability policy .................................... 434 Regular Session, January 5, 1970 CITY COUNCIL OFFICIAL Regular Session, January 5, 1970. Council met at 7:30 P.M. Central Standard Time. Present—Mayor Pregler, Council. men, Couchman, Meyers' Mc• Cauley.. Schultz. City Manager Gil- bert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made, this being the REGULAR MONTHLY MEETING and also the FIRST MEETING OF THE NEW FISCAL YEAR OF 1970, and is called for the purpose of acting upon such business as may properly come before the meeting. The entire Council exchanged pleasantries and good wishes and were grateful of the opportunity of having served with each other, in the best interest of the com- munity. City Clerk Frommelt swore in Messrs. Joseph J. Bitter, Wayne A. Moldenhauer and Walter A. Pregler as Councilmen for the reg- ular term commencing the second secular day of January 1970. Councilman Couchman moved that Councilman Donald R. Meyers be elected to serve as Mayor for the ensuing fiscal year of 1970. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Councilmen Bitter, Couch- man, Moldenhauer, Pregler. Nays—None. Councilman Meyers not voting. Mayor Meyers swore in City Manager Gilbert D. Chavenelle, City Clerk Leo F. Frommelt, City Solicitor R. N. Russo to serve in their various capacities for the year 1970. RESOLUTION NO. 1-70 A Resolution providing for the appointment of a City Manager, City Clerk, City Solicitor, pre- scribing their salaries and fix- ing their bonds. BE IT RESOLVED by the City Council of the City of Dubuque, that the following officers be ap- pointed, subject, however, to the right of the council to declare such offices vacant, or remove the of- ficers therefrom at the pleasure of the Council with or without cause, and to be paid the com- pensation provided for in the de. tailed distribution of proposed ex- penditures for 1970 and that the City Manager provide a $5,000 bond and the City Solicitor provide a $1,000 bond, at their expense, and that the City Clerk be covered under the Blanket Honesty Bond. City Manager—Gilbert D. Chave- nelle. City Clerk—Leo F. Frommelt. City Solicitor—R. N. Russo. Passed, adopted and approved this 5th day of January 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. January 5, 1970 To the Honorable Mayor and City Council Gentlemen: As City Manager I wish to ad- vise your Honorable Body that all officers and employees who I have power to appoint and are under my supervision, direction and con- trol, and whose appointments con- tinue at the pleasure of the Man - a cr, and who are now serving in the respective capacities shall be paid salaries in accordance with the pay plan submitted to the Coun- cil, a copy of which is attached hereto, and in accordance t3 the detailed distribution of proposed expenditures for 1970, which the Council established at the time of the budget hearing and adoption. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Meyers moved approval of the recommendation. Seconded 2 llvi4ular Session, January 5, 1970 by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—done. RESOLUTION NO. 2.70 A resolution designating the of- fical newspaper of the City of Du- buque, Iowa. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That THE TELEGRAPH HER- ALD a daily newspaper of gen- eral circulation be appointed the official newspaper of said City. Passed, adopted and approved this 5th day of January 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. RESOLUTION NO. 3.70 A Resolution Designating The Depositories for public funds of the City of Dubuque, Iowa. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following banks be ap- pointed depositories of the public funds and the City Treasurer is hereby authorized to distribute such funds in such banks in amounts not to exceed t h e following: American Trust and Savings Bank $4,000,000.00 First National Bank $4,000,000.00 Dubuque Bank & Trust Company $:3,000,000.00 Key City Bank & Trust Company $3,000,000.00 BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to file with the County Treasurer of Dubuque County, Iowa, a list of such de- positories and to keep such list on file with the County Treasurer at all times. Passed, adopted and approved this 5th day of January 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 b y Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. January 5, 1970 To the Honorable Mayor and City Council Gentlemen: The attached resolution has been prepared showing the detailed dis- tribution of proposed expenditures wherein estimates of expenses of the departments and purposes are shown, including the estimates for which all levies are heretofore made, receipts from monies and credits and miscellaneous sources are to be used, and said distri- bution shows all the proposed ex- penditures for the ensuing year. This resolution has been pre- pared in accord with the budget previously approved by the City Council. Respectfully Submitted Gilbert D. Chavenelle City Manager Councilman Couchman moved that the communication be re- ceived and filed. Seconded by Regular Session, January 5, 1970 Councilman Mo]denhauer, Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 4-70 WHERAS a detailed distribution of proposed expenditures of the City of Dubuque for the fiscal year beginning January 1, 1970 and end- ing December 31, 1970, has been duly prepared by the City Manager and submitted to this Council for approval; and WHEREAS, this Council has ex- amined the detailed distribution of the proposed expenditures, wherein the estimates of the ex- penses of the departments and pur- poses are shown, including the es- timates for which all levies here. tofore made, receipts from monies and credits and miscellaneous sources are to be used, and said distribution shows all of the pro- posed expenditures for the ensuing fiscal year: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That said detailed distribution of proposed expenditures for the fiscal year beginning January 1, 1970 and ending December 31, 1970, as heretofore prepared, be and the same is hereby adopted and ap- proved. Passed, adopted and approved this 4th day of January 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. January 5, 1970 To the Honorable Mayor and City Council Gentlemen: An Ordinance has been prepared allocating and making appropri- ations of tax levies and other sourc- es of revenue for expenditures of the City Government of the City of Dubuque, Iowa, for the fiscal year beginning January 1, 1970 and ending December 31, 1970, and au- thorizing certain transfer of funds. This Ordinance is in accord with the detailed expenditures adopted by the City Council. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Meyers 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. ORDINANCE NO. 1-70 An Ordinance allocating and mak- ing appropriations of tax levies and other sources of revenue to the expenditures for City Government in the City of Dubuque, for the Fiscal Year beginning January 1, 1970 and ending December 31, 1970 and authorizing certain transfers of funds, 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 fol- lowing vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays—done. Councilman Couchman moved that the rule requiring an Ordin- ance to be read on three separate days be waived. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—Nome. 4 Regular Session, January 5, 1970 ORDINANCE N0, 1.70 4W Ordill allocating and making appropriations of tax levies and other MUraa. 4111' revenue to the expenditures for City Government In the City of Du- ritrwR %r the fiscal Year beginning January 1, 1970 and ending December 31, V4 wd auMorizing certain transfers o1 funds. One it ordained by the City Council of the City of Dubuque: S,K*icn 1. That there is hereby allocated and Appropriated from the estimated rerlcrves from all tax levies In the City of Dubuque, together with the estimated rlCNDis from sources other than taxation. and unencumbered balances from the TICII rear rf 1769, all as hereinafter set forth, to the payment of the necessary ex»endifures 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: ESTIMATED RECEIPTS AND UNENCUMBERED BALANCES Fund Levy in From Uneneum• Total Est. Mills T,txes Mice. berrd Bal- Ree. & 1!evenue •' anees "• Unencumbered Balances General 2.271 $261,988.00' $274,091.00 $40,000.00 5576,889.00 Street 1.895 178,103.00 12,276.00 6,5C0.00 198,879.00 Public Safety 12.862 1,208,846.00 469.864.00 21,00.00 1,699,710.00 Sanitation 4.:64 428,951.00 614,814.00 33,50(1.00 1,077,265.00 Municipal Enterprise 2.322 218,235.00 137, 03.CO 15,_00.00 370,838.00 Utilities 1.615 151,787.00 1,028,911.00 152,694.00 1,333, 395. W Recreation 4.231 397,654.00 781992.00 141100.00 490,746.00 Debt Service 8.255 775,853.00 3,490.00 7,400.00 786,7/3.00 Parking Meter 259,803.00 2:9,803.00 Trust and Agency 7.449 700,100.00 6,250.00 21500.00 768,850.00 Street Road Use Tax 800,000.00 216,514.00 1,016,514.00 Emergency Levy LOW 93,944.00 93.944.00 Total 46.464 $4,415,471.00 $3,686,397.00 $511,708.00 $8,613,516.00 TRANSFERS Liquor Profits Fund to Public Safety Fund --5234,000.00 Includes $48,556.00 Monies and Credits Tax and Replacement See Schedule (A) "• See Schedule (B) EXPENDITURES' GENERAL FUND --01 Item 0101 City Council S 11,000.00 0102 Office ofCity Manager 79,498.00 0103 Office of City Clerk 29,021.00 0104 Office nfCity Auditor 26,269.00 0105 Office of City Treasurer 19,632.00 0106 Office of City Solicitor 20,210.00 0107 Urban Renewal—City Expense 1,940.00 0108 Data Processing 10,300.00 0109 Office of City Engineer 124,302.00 0113 City Elections 4,942.00 0114 City 3uildings 29,!184.00 0116 Civil Service Commission 950,00 0117 Office of Building Commissioner 52,627.00 0118 Office of Plumbing Inspector 33,167.00 0119 Office of Electrical Inspector 20,317.00 0120 Air Pollution Control 751.00 0121 Planning & Zoning 0148 Miscellaneous 42 3 4 W Total General Fund 70,085.00 These appropriations shall be paid from: $576,889.00 Taxes Miscellaneous Revenue S 262,009.00 Unencumbered Balance 274,880.00 40,U00 DO Total S 576,889.00 STREET FUND --02 Item 6201 Street Administration 0207 Street Rwainng and Grading $ 27.71A.00 0203 Street Constructiun t 06,811.00 0206 Sidewalk Program ou 6,000.00 0207 Tree Trimming 02CS Traffic Signs and Markings 87,852.00 0209 Urban Renewal—Bus Shelters 23,419.00 12,000 00 Total Street Fund These appropriations shall be paid from f 198,879V Taxes Miscellaneous Revenue S 178,115.00 Unencumbered Balance 12,264.00 8,500 W Total S 198,879.00 STREET ROAD USE TAX FUND_030301 Street Repairing and Grading 0302 Street Construction f 212,749.00 0303 Snow Removal 6uU731 AU 31 0304 Street Cleaning 68,W2 0305 Garage—Lease Program 87 212.00 40:000.00 Total Street Road Use Tax Fund f1,016,514.00 These appropriations shall be paid from: Misc. Rev. Stale Gasoline Road Use Tax Unencumbered Balance $ 600,000.00 216,514.00 Total $1,016,514.00 PUBLIC SAFETY FUND -04 Item 0401 Municipal Court 0402 Police Department S 112,651.00 0403 Fire Department 709,445.00 0404 Police and Fire Alarm System 869,818.00 0405 Dog Pound 17,179.00 0406 Ambulance 12 211 00 0407 Civil Defense 37,745.00 4,605.00 Total Public Safety Fund $1,793,654.00 Regular Session, January 5, 1970 These appropriations shall be paid from: tem V01 Airport OlAration Taxes 51,208,884.00 S 94,382.00 Miscellaneous Revenue 235,826.00 Transfer from Liquor Profit Fund 234,000.00 1002 Dock --Dredge Operation Unencumbered Balance 21,000.00 37,298.00 Emergency Levy 931944.00 Total (1,793,654.00 1101 Library Operation SANITATION FUND -05 203,926.00 item 0501 Levee Maintenance S 3,676.00 0502 Health Department 72,688.00 0503 Control of Contagious Disease 81310.00 0504 Sewer Maintenance 87,210.00 0505 Milk Inspection 21,104.00 0506 Rubbish, Garbage, Ash & Can Collections 203.925.00 0508 City Share of Special Sewer Assessment 3,000.00 0509 Municipal Improvements 48,940.00 0601 Garbage & Refuse Disposal Fund—Landfill 841441.00 0701 Sewage Disposal—Plant Operation 508,472.00 0702 Sewage Disposal --Landfill Operation 35,499.00 Total Sanitation Fund 51,077,265.00 These appropriations shalt be Paid from: 15,500.00 Taxes S 428,944.00 Total Unencumbered Balance 3100.00 Miscellaneous Revenue 614,821.00 Total 51,077,265.00 Item 1201 Water Works Administration MUNICIPAL ENTERPRISE FUND tem V01 Airport OlAration S 94,382.00 1001 Dock Operation (Administration) 14,'132.00 1002 Dock --Dredge Operation 37,298.00 1003 Dock—Rlverfront Improvement 21,000.00 1101 Library Operation 203,926.00 Total Municipal Enterprise Fund f 370,838.00 These apprnprlaticna shall be paid from: Taxes for Airport S 36,282.00 Taxes for Dicks None Taxes for Library 181,926.00 Misc. Airport Revenue 581100.00 Misc. Dock Revenue 72,530.00 Misc, Library Revenue 6.500.00 Unencumbered Balance --Library 15,500.00 Total S 370,838.00 UTILITIES FUND Item 1201 Water Works Administration S 352,316.00 1202 Water Plant & Distribution System 402,882.00 1203 Water Works Main Extension and Betterments 100,759.00 1204 Water Improvements 284,387.00 1601 Street and Traffic Lighting 185,051.00 Total Utilities Fund 51,333,395.00 These appropriations shall be Paid from; Water Department Revenue $1,025,650.00 Water Department Unencumbered Balance 122,694.00 Taxes for St. & Traffic Lighting 151,751.00 St. & Traffic Lighting—Misc. Revenues 3,300.OD St. & Traffic Lighting—Unencumbered Bal. 30,000.00 Total 51,333.395.00 RECREATION FUND Item 1701 Recreation Administration 5 34,059.00 1702 Buildings and Areas 54,225.00 1703 Programs 88,861.00 1704 Swimming Pool 39,374.00 1801 Municipal Golf Course Operation 65,761.00 2001 Park Administration 34,510.00 2002 Park Areas, Buildings Etc. 173,956.00 Total Recreation Fund S 490,746.00 These appropriations shall be paid from: Taxes for Recreation S 176,419.00 Taxes for Golf Course 14,911.00 Taxes for Park Operation 206,366.00 Misc. Recreation Revenue 32,100.00 Misc. Golf Course Revenue 44.750.00 Misc. Park Revenue 2,100.00 Unencumbered Balance—Recreation General 81000.00 Unencumbered Balance --Golf Course 6,100.00 Total $ 490,746.00 DEBT SERVICE -21 S 422,00000 Item 2101 Retirement of Bonds 270,7".50 Interest due 93,944.50 State Disaster Loan Total Debt Service Fund S 786,743.00 These appropriations shall be Paid from: Taxes for Debt Service S 775,853.00 Miscellaneous Revenue 3,490.00 Unencumbered Balance 7.400.00 Total $ 786,143.00 PARKING FACILITIES FUND -25 $ 11,774.00 Item 2501 Parking Lots 16,534.00 2502 Street Meters 159,128.00 2503 Locust Street Ramp 72,361.00 2504 Iowa Street Ramp S 259,803.00 Total Parking Facilities Fund These appropriations shall be paid fromr $ 259,803.00 Parking Meter Revenue 5 Regular Session, January 5, 1,970 TRUST AND AGENCY FUND ---40 S r 9W.00 Item 4001 Iowa Public Employees Retirement 85,000.00 4002 F.I.C.A. (Social Security) 4495000 4003 Police Pensions 158,600.00 4004 Police Retirement 71,20000 4005 Fire Pensions 410,000,00 4006 Fre Retirement 87,2u0.00 4007 Health Insurance Total Trust and Agency Fund f 708.850.00 These appropriations shall be paid from: s 50,250.00 Taxes for Iowa Employees Retirement Taxes for F.I.C.A. (Social Security) 42,025.0010) Taxes for Police Pensions 158,000.00 Taxes for Police Retirement 70 800 00 Taxes for Fire Pensions 479,300.(0 Taxes for Fire Retirement 8120000 Taxes for Health Insurance Revenpe 1,650 00 Misc. la. Pub. Employes Retire. Misc. F.I.C.A. (Social Security) Revenue 2'425.00 Misc. Police Pension Revenue 600.00 60000 Misc. Police Retirement Revenue Misc. Fire Pension Revenue 700.07 Misc. Fire Retirement Revenue Unencumbered Balance --Police Pensions 2,500.00 S 708,850.00 Total of all appropriations for the expenditures of City Government of the City of Dubuque, Iowa, for the fiscal Year beginning January 1, 1970 andS8,613,576.00 ending December 31, 1970. Section 2, General Miscellaneous Revenues.General miscellaneous revenues which are collected during the fiscal year shall be allocated to the funds 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. Slction 2. Surplus Any surplus not specificially 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 purpose for which the tax was levied when and as the same are received by the City Treasurer. Section S. Distribution. That the distribution and division of the within ap- propriations shall be made In accordance with the detailed distribution enclosed (See Schedule ^[••). Section 6. This ordinance shall be in force and effect from and after Its final passage, adoption and approval by the City Council and Publication as provided by law, and the appropriations herein provided shall be available when transferred to their respective funds. Passed upon first reading this 5th day of January, 1970. Passed, adopted and approved upon final reading this 5th day of January, 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 9th day of January, 1970. Leo F. Frommelt 11. 1•9 City Clerk 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. December 30, 1969 To The Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bond and desire to have your approval on same. PUBLIC OFFICIAL BOND Gilbert D. Chavenelle, Merchant Mutual Bonding Company Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the bond be filed subject to ap- proval of the City Attorney. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. January 2, 1970 To the Honorable Mayor and City Council Gentlemen: 1 have estimated the receipts and expenditures for 1969 and be- lieve that the unassigned balances of the several funds will be ap- proximately as shown in the fol- lowing list. By "Unassigned ba- lances", I mean, a fund balance as of December 31, 1969, less Regular Session, January 5, 1970 7 amount encumbered into 1970, less commitments not completed in 1969 General Fund $ 24,000.00 Street Fund 9,000.00 Road Use Tax Fund 100,000.00 Public Safety Fund 1,000.00 Sanitation Fund 24,000.00 Refuse Disposal 1,000.00 Revolving Fund 1,500.00 Sanitation Sewage 500.00 Rental Fund 65,000.00 Sewer Revenue Bond Reserve Fund 60,000.00 Sewer Revenue Bond Depreciation Fund 24,000.00 Airport Fund 18,000.00 Dock Fund 20,000.00 Library Fund 1.000.00 Water -General Fund 200,000.00 Water Depreciation Fund 77,000.00 Street and Traffic Lighting 1,500.00 Recreation -General Fund 13,000/.00 Golf Course Fund —0— Golf Course Development Fund 10,000.00 Park Fund 5,000.00 Debt Service 23,000.00 Liquor Sales Profit (Dec. 31, '70) 3,000.00 Parking Facilities Fund 60,000.00 Parking Renewal & Improvement Fund 109,000.00 Parking Revenue Bond Reserve Rund 76,000.00 Rafferty Fund 22,000.00 General Fund, Land Sales 44,548.00 07,000.00) Iowa Employees Retirement Fund 900.00 Federal Social Security Fund - 0— Police Pension Fund 500.00 Police Retirement Fund 1,000.00 Fire Pension Fund ___O_ Fire Retirement Fund 500.00 1969 Emergency Flood Flood Protection Fund -93,00.00 It should be noted: 1. The deficit in the Park Fund is due to damages sustained during the early summer rain storms. Application for federal aid has been made to cover this expense. 2. The deficit in the Debt Service Fund will be cleared by property tax proceeds in 1970. 3. The balances in the Water Funds will be used to extend wa- ter mains. 4. There are $96,926 uncancelled warrants held by the bank repre- senting expense items of the 1969 Emergency Flood. Application for Federal assistance has been made to cover this amount. Finally, there is approximately $550,000 of work and programs committed but not completed dur- ing 1969. It is intended that this work will be done in 1970. Con. sequently, I will bring to the Coun- cil for consideration at the meeting of January 19th money orders for adjusting the 1970 budget. Respectfully Gilbert D. Chavenelle City Manager 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, Molden- hauer, Pregler. Nays—None. Communication of Brammers Inc. exercising their option on their lease of the West 126' of Lot 1 of Summit Place owned by the City, extended for a period of ten years in the amount of $580 per year, from March 1, 1970, present- ed and read. Councilman Pregler moved approval of the extension and referred same. to Manager and staff. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. December 31, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear. ing on a proposal to reclassify property described as Lots 5, 6, and the southerly 89.9 feet of Lot 9 of the Easterly 170 feet of Lots 322, 323, and 324 of Davis Farm Addition, all in the City of Dubu- que, from Multiple Residence clas- sification to Local Business classification. Regular Session, January 5, 1970 A petition, expressing opposition to the proposal, and bearing 39 signatures, was presented to the Commission. Several of the resi- dents of the area were present and expressed their concern about extending the Local Business 'B" District into the residential area. They stated that there were sev- eral uses permitted in the Local Business 'B" District that they felt would not be appropriate for this area, and would not be com- patible w i t h the development around the area. The Commission reviewed the general development plan for this area and found that the plan en- visioned multiple family residential development south of Thirty-second Street and that the proposed rezon- ing would be contrary to this plan. It is the recommendation of the Planning and Zcaing Commission that the above described property remain in the Multiple Residence District. Respectfully submitted, City Planning and Zoning Commission Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation. Sec- onded Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council - m e n Couchman, Moldenhauer, Pregler. Nays—None. Councilman Bitter not voting. December 31, 1969 Honorable Mayor and City Council Gentlemen: On September 23, 1966, Eva I. Welsh, commenced an action in the District Court of Iowa, Dubu- que County, against the City of Dubuque claiming damages in the amount of $2,500.00 for injuries allegedly suffered by the plaintiff as the result of a fall allegedly occurring on the 26th day of June, 1966 as the result of a defective condition allegedly existing i n front of the premises of 1175 Bluff Street and which injuries consisted of three fractured bones in her foot. I have interposed the usual de - Tense against said action, and that the plaintiff has made an offer of settlement in the amount of $300.00 plus court costs and it is the recommendation of the City Attorney that said offer of settle- ment be accepted and the City Auditor be instructed to draw a warrant payable to Eva 1. Welsh in the amount of $300.00 and he be instructed to draw a separate warrant in the amount of $13.50 payable to Clerk of the District Court of Dubuque County, Iowa covering court costs of same. Copy of Original Notice with pe- tition attached is returned here- with. 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. December 31, 1969 Honorable Mayor and City Council Gentlemen: On April 11, 1968, Mildred M. Rempt filed an action in the Dis- trict Court of Iowa, in and for Dubuque County against the City of Dubuque, Iowa claiming dam- ages in the amount of $1,000.00 for injuries allegedly suffered on the 12th day of January, 1968 as the result of a defective condition in the public sidewalk and cross- walk located on the East side of Central Avenue near the southeast- ern section of said street abutting Mike Stone Ford building and claimant alleging injuries to her left knee, left leg and other bodily injuries. The said plaintiff has made an offer of settlement in the amount of $100.00 plus court costs and 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 Mil- dred M. Rempt in the amount of $100.00 and to draw a separate warrant payable to the Clerk of Regular Session, January 5, 1970 the District Court in the amount of $14.50 and transmit same to the City Attorney for delivery upon receipt of duly executed release and dismissals with prejudice. Copy of Original Notice with pe- tition attached is returned here- with. 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. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider rezoning of Lots 4, 5, 6, 7 and 8 of Lot 2 of M. L. 242; Lot 1 of 1, Lot 2 of 1, and Lots 2 thru 11 incl. in Brunskills Addn. and Loh 4 of Block 15 in Steger Heights 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 pre- sent in the Council Chambers at the time set for the public heiring. Councilman Pregler moved that the proof of publication 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. ORDINANCE NO. 51-69 An Ordinance Amending And changing Ordinance N o. 3 - 34 Known as the "Zoning Map and Zoning Ordinance of the City Of Dubuque" So as to Change Cer- tain Property Hereinafter Describ- ed From "Single Family Residence District" Classification to "Mul- tiple Residence District" Classi- fication, Said Ordinance having been pre- viously presented and read at the Council meeting of December 8, 1969, presented for final adoption. ORDINANCE No. $1.69 AN ORDINANCE AMENDING AND CHANGING ORDINANCE No. 3-34 KNOWN AS THE "ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE" SO AS TO CHANGE CERTAIN PROPERTY HEQEINAFTER DESCRIBED FROM "SINGLE FAMILY RESIDENCE DISTRICT" CLASSIFICATION TO "MULTIPLE RESIDENCE DIS- TRICT" CLASSIFICATION. NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: section 1. That Ordinance No. 3.34 known as the Zoning M -p and Zonino Ordlnanc- of the City of Dubuque, Iowa, br and the [amp Is hereby amended by chancing from "Single Family Residence District" Classilicaflon to "Multiple Resl- derce District" Classification the fol- lowing described real mtMe, to -wit: Lots 4, 5, 6, 7, And 8 ct Lot 2 of Mineral Lot 4e2; and Lot 1 of Lot 1, Lot 2 of Lot 1, and Lots 2 through 11, Inclusive, all in Brumkill's Ad- dition arc! Lot 4 of Block 15 In Ste- ger Heights, all In the City of Du- buque, Iowa. Passed, approved and adopted this 51h day of January, 1970. Donald R. Meyers Mayor WAI!er A. Pregler Wrvne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk PLb!Ished offlclnly in The Telegraph - Herald Newspaper this 9th day of Jan - vary 1970. Leo F. Frommelt City Clerk. it, 1/9 Mayor Meyers moved final ad- option of the Ordinance. Seconded by Councilman Moldenhauer. 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 pub- lic hearing to consider proposal to amend Zonding Ordinance No. 3-34 so as to change the Ely. 55' of Lot 25 in Block 4 and the Ely 55' of the Sly 124.85' of Lot 24 in Block 4 in West Side Manor from Single Family Residence Dis- trict Classification to Local Bus- iness "B" District Classification, presented and read. Councilman Pregler 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- hduer, Pregler. Nays—None. 10 Regular Session, January 5, 1970 1, camcilman Pregler moved that the rules be suspended in order lea 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 C. J. May addressed the Council in behalf of Patrick Chew, the owner of the property in West Side Manor, and submitted a proposed layout of the use of the property for a filling station. Attorney Hal Reynolds addressed the Council, in behalf of the res- idents in the area, as being ob- jectors to the propased rezoning. After considerable discussion May- or Meyers moved that the rules b e reimposed a n d discussion closed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays --None. Ordinance No. 53.69 was present- ed for final adoption which called for the rezoning of the above de- scribed area. Mayor Meyers moved that the Ordinance not be adopted. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. December 31. 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear- ing on a proposed amendment to the Zoning Ordinance, described as Subsection (M) of Section I, of Article II, reducing the number of boarders permitted per dwelling in Single and Two Family Dis- tricts in the City of Dubuque. It has been the general intent of the Commission that the one and two family residence districts is to accomodate low density, rela- tively spacious and tranquil res- idential areas. In these districts land is provided adjacent to each dwelling unit for private use, and the dwelling units are oriented to- ward a public right-of-way. It is the opinion of the Commis- sion that permitting in Single Fam- ily Districts, one family and as many as eight roomers and in the Two Family District, two families and sixteen roomers, all in one structure, is contrary to the intent of these districts. The proposed Ordinance would permit two roomers in each dwel- ling unit other than the family residing there. This would allow a widow or small family to share a dwelling unit without seriously altering the character of the neigh- borhood from what it was intended to be. It is the opinion of the Com- mission that this change should be made in the existing Ordinance so that property owners are not encouraged to invest money in con- verting existing structures from large single and two family dwel. ling units to rooming houses and further increasing the number of such uses in the community. It is the recommendation of the City Planning and Zoning Commis- sion that this amendment be adop- ted. Respectfully submitted, City Planning and Zoning Commission Don Gilson City Planner Councilman Pregler moved that the recommendation 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. ORDINANCE NO. 2-70 An Ordinance amending Ordinance No. 3.34, known as the Zoning Or- dinance of the City of Dubuque, Iowa, by repealing subsection (M) of Section 1 of Article II thereof and by enacting a new Subsection (M) of Section 1 of Article 11 in lieu thereof to permit the renting of one or two in a private residence to not more than two adult guests, presented and read. Regular Session, January 5, 1970 Mayor Meyers moved that the reading just had be considered the first reading of the Ordinance. Sec- onded 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 he read on three separate days be waived. Seconded by Councilman Pregler- Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Mayor Meyers moved that a pub- lic hearing be held on the Ordin- ance cm February 2, 1970 at 7:30 o'clock P.M. Central Standard Time in the Council Chamber at the City Nall and the City Clerk be instructed to publish notice of same in the manner required by law. Seconded b y Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. December 31, 1959 honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear- ing on a proposed Ordinance pro- hibiting the issuance of building permits to owner or owners of real property for which a zaning re- classification has been initiated. During the past year there have been three rezoning cases involv- ing a change from a less restrict- ive classification to a more res- trictive classification. In all cases there has been an effort on the part of the property owners to ac- quire building permits under the less restrictive classification prior to the adoption of the rezoning. In two of these cases, non-confornt- ing uses were created. In the third case the permit was not issued. In one of the above cases the build- ing permit became a lever used by the holder to manipulate neigh 11 borhood support for a change in zoning on a separate parcel of property. When permits are acquired under these circumstances, intent of zon. ing change is violated and weakens The effectiveness of zoning. It is the opinion of the Commission that this proposed Ordinance would make administration of the Zoning Ordinance more effective. It is the recommendation of the Planning and Zoning Commission that the Ordinance be adopted. Respectfully submitted, City Planning and Zoning Commission Don Gilson City Planner Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Mey^rs, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 3.70 An Ordinance Prohibiting Issuance Of Building Permit to Owner or Owners of Real Property Which Is Being Rezoned, present 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—done. 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. Councilman Bitter moved that a public hearing be held on the Or- dinance on February 2, 1970 at 7:30 o'clock P, NJ., Central Stan- dard Time, in the Council Chamber at the City Hall and the City Clerk Regular Session, January 5, 1970 be instructed to publish notice of same in the manner required by law. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Joseph Hillard re- questing a refund of $2.50. on the unexpired portion of Liquor Li- cense No. C-1556, as he has dis- continued business on 11-19-69, pre- sented and read. Mayor Meyers moved that the petition be granted and the Auditor instructed to issue proper warrant. Seconded b y Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Archie Kissel request- ing a refund of $50. on the un- expired portion of cigarette li- cense No. 218, as he has discon- tinued business on 12-31-69, pre- sented and read. Mayor Meyers moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded b y Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Mercy Medical Gift Shop requesting a refund of $50. on the unexpired portion of cig- arette license No. 70, as he has discontinued business on 12-30-69, presented and read. Mayor Meyers moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded b y Councilman Pregler. Carried by the following vote: Yeas — M-ayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Merlyn L. Weber re- questing a refund of $250. on the unexpired portion of Liquor Li. cense No. C-1565, as he has dis- c074inued business on 11-20.69, pre. sented and read. Mayor Meyers moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded b y Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler, Nays—None. Petition of Peoples Natural Gas requesting permission to excavate at. 30 N. Booth Street to repair leaki:ig mains, presented and read. Councilman Couchman moved that the petition be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- rnen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Dubuque Packing Co. requesting renewal of restricted plumber's liseense issued to Archie T. Kuehn, presented and read. Councilman Pregler moved that the petition be referred to the Plumbing Board. 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 on the resolution of necessity, p 1 a n s, specifications, form of contract and cost of im- provements for construction 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, 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 Couchman moved that the proof of publica- tion be received and filed. Second 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 public hearing were mailed by certified mail on December 9, 1969, to property own- ers of record subject to paying Regular Session, January 5, 1970 13 of cost for construction of Bies Drive Sanitary sewer, presented and read. Councilman Couchman moved that the statement be re- ceived and filed. Seconded b y Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments. RESOLUTION NO. 5.70 WHEREAS, proposed plans and specifications and form of contract for the construction of: Bies Drive Sanitary Sewer 1969 from S.P.L. of Pennsylvania Ave to N. P.L. of Lot 1 of I.ot 6 of C. J. Bies Subdivision have been approv. ed by the City Council of the City of Dubuque and public notice giv- en as provided by Chapter 23 of the Code of Iowa, 1966 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract far or cost of such improvements, said time being this 5th day of January, 1970; and WHEREAS, the City Council met in regular session this 5th day of January, 1970, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to, be made; a^3 WHEREAS, all interested porties have been given an opportw,ity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of Dubuque, that all objec- tions which have been made and filed to the plans, specifications, contract for or cost of said improve- ment herein described and pro- posed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decis- ion of this Council upon all objec- tions which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in con- nection with said improvement. Passed, adopted and approved this 5th day of January, 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 Cauncilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION ON. 394.69 WHEREAS, proposed p I a n s, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque 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 assessed together with a valuation fixed by the council. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 4. In each case the amount thereof which is estimated to be assessed against each lot, for the con- struction of the RIES 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. BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men. 14 Regular Session, January 5, 1970 tioned improvement, and unless property owners at the time of the final consideration of this pro- posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned pro- perty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of sewer funds. Sewer Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac. cepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assess- ed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 8th day of December, 1969. RECORD OF FINAL ADOPTION. The foregoing resolution was fin- ally passed and adopted, as pro. posed, by the City Council this 5th day of January 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 final adoption of the resolution. See,onded by Councilman Molden. hauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. (Ordering Construction) RESOLUTION NO. 6.70 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 394.69 which was duly passed by this Council, for the construction of: 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. Be and the same are hereby ordered and con- structed 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 improvements be paid for by levying s p e c i a l assessments against the privately owned pro- perty lying witliin the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area therof and in proportion to the special benefits conferred, and any deficiency will be paid out of the sewer funds of the city. Payment will be made to the contractor out of funds realized from the sale of Sewer Bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con. struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that his resolution being deemed urgent and of immediate necessity shall be in force and effoct from Regular Session, January 5, 1970 15 and after its passage and adop- tion by the City Council. Passed, adopted and approved this 5th day January, 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. 7-70 Accepting Delivery of Deeds for the Downtown Urban Renewal Pro- iect Iowa R-15. 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 Contact for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to authorization and dir- ection of said Loan and Capital Grant Contract, has acquired for the public purpose of implementing and facilitating the Downtwon Ur- ban Renewal Project, Iowa R-15, certain parcels of real estate by purchase; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Delivery of deeds to the City of Dubuque for the following described parcel of real estate in the Downtown Urban Renewal Project, Iowa R-15, is hereby ratified and accepted by the City of Dubuque. Grantor Dubuque - L.orens, Inc. Deed dated December 2, 1969 Re. corde in Book 200, page 556. Property Description Lot 244, lot 241, the southerly 22 feet of lot 242, in the City of Dubuque, Iowa according to the United States Commissioners' Map of the Town ( now City) of Dubuque. ( Parcel 10.1) Section 2. That the recording of the respective deeds of convey- ance of title in the office of the Recorder in and for D u b u q u e county, Iowa in hereby ratified. Section 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in the Office of the Recorder in and for Dubuque, County, Iowa. Passed, approved, and adopted this 5th day of January, 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 Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 8.70 WHEREAS, the City of Dubuque has asked the Corps of Engineers to include in its construction con- tract in connection with Stage 1 of the Dubuque Loca'. Flood Pro- tection Project, additional work, which work shall consist of the following: Roadway fill (Front Street) from Lincoln Avenue to Shiras Avenue (Sta. 944-30N to Sta. 66+OON, in- cluding a road ramp at Haw- thorne Street and a road ramp at Shiras Avenue, all as more par- ticularly shown on Drawings Nos. DLP -1 16/2 and 16/3, and, WHEREAS, the estimate cost of said project is in the amount of $63,500.00 said amount covers the included cost of the construction contract for the inclusion of ad- ditional work on behalf of the City of Dubuque, Iowa and, WHEREAS, in order for the Corps of Engineers to approve the additional work hereinabove refer. Regular Session, January 5, 1970 red to, it is necessary for the City of Dubuque to execute the attached draft of letter. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the execution of the letter to the District Engineer of the United States Army En- gineers relating to the Dubuque Local Flood Protection Project wherein the City of Dubuque asks the Corps of Engineers to accept as contributed funds the sum of $63,500.00 which represents the es- timate cost of the additional work and that the execution of said letter by the Mayor for and on behalf of the City of Dubuque, Iowa, be and the same thereby approved, ratified and confirmed. Section 2. That the said letter executed for and on the: behalf of the City of Dubuque by the Mayor, together with contributed funds in the amount of $63,500.00 and a certified copy of this Re- solution be transmitted to t h e District Engineer, United States Army Engineers, District, Rock Island, Illinois. Passed, approved and adopted this 5th day of January, 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 Mayor Meyers. Carried by the following vote: Yeas-31ayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays.—None. September 10, 1969 The City of Dubuque City Hall Subject: Lot 10-10 for Urban Re. newal Opening Gentlemen: We are attaching herewith the following! 1. Disposition Forms 3,5,6, 7 and 12 together with certified check in the amount of $3,089.60. 2. Plans and elevations showing a one-story and basement build- ing to be built at this time. We are also attaching perspec- tive showing the proposed build- ing. The foundations and columns will be put in at the present time to take two additional stories which will be added as soon as the de- mand for additional space war. rants it. At the present time, we have a considerable amount of space available for rent in the lower level and third floor of the main Arcade Building which adjoins the new project. In connection with this proposal to purchase, we believe that the following facts should be noted for the record: 1. The easement on record be- tween the previous owners of Lot 10-10 and the adjoining lot which is owned by Fischer & Company, Inc., provided that nothing may be built on the ten northerly feet of this Lot 10-10. It would seem unrealistic, therefore, for the City to charge the same amount per square foot for this 10 x 114 or 1140 square feet, as is being charged for the remaining por- tions. Fischer & Company actually paid for this easement at the time they purchased the property and, therefore, have as much right to the use of this intervening prop- erty as the City has. 2. Since no other Main Street property or comparable property is being offered for sale at the present time, there is no way of judging the relative appraised val- ues. When we first began to con- sider this project back in 1967, we were informed that the value set by the appraiser at that time was $3.25 per square foot. At that time, there were various compan- ies in the Renewal Area who were going to be displaced, who had talked to us about space in this Proposed building and we believe that we could have filled the entire building. Since that time, almost all the tenants in the renewal area have made other arrangments and building costs have increased by 20 to 25 per cent. It is our un- derstanding, that the appraisals of Regular Session, January 5, 1970 17 all the properties in the Urban Renewal District are an impartial proceeding and take into account the relative value of all the prop- erties in the renewal area. The fact that one piece may have great- er value to an adjoining property - owner, does not enter into the ap- praisal. It is also our understand- ing that the appraised pieces are fixed and not subject to negotia- tion. Therefore, we have no way of judging the relative fairness of this appraisal until such time as all the other properties are offered. We are, therefore, stipulating here- with that if any property between 6th and 9th on Main Street is sold for a lesser price per square foot, or if any property in the Urban Renewal area is sold at a price per square foot less than that which had been fixed in the of- fering, then we shall be entitled to a reduction by the same per- centage as such other properties that have been reduced or sold. It is our understanding that the prices at which properties are sold in an Urban Renewal project have no relation to their previous or actual value and the price is de- termined primarily by the benefits which the City will receive from having the property improved by the developer who can make the most of the property. In this in- stance, we may be penalized, rather than rewarded for our ef- forts to improve our property as well as Lot 10.10. Very truly yours, Fischer & Company, Inc. Louis H. Pfohl President Councilman Pregler moved that the communication be received and made a matter of record. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. January 5, 1970 Honorable Mayor and Members of the City Council Subject: Parcel 10 of 10 Urban Renewal City of Dubuque Gentlemen: We are writing to you as at- torneys for Fischer & Co., In- corporated. We resubmit to you herewith the following: 1. Disposition Forms 3,5,6, 7 and 12 certified check in the amount of $3,089.60. 2. Plans and elevation showing a one-story and basement building to be built in the near future. 3. Perspective showing the pro- posed building. The foundations and columns will be put in at the present time to take two additional stories which will be added as soon as the demand for additional space warrants it. ("A" See footnote) We now have space available for rent in the adjoining Arcade Build- ing. All of the .above referred to doc- uments were submitted as part of the letter of Fischer & Co. to the City, dated September 10, 1969. Fischer & Co. agrees to the grade elevation change recommended by Barton - Aschman Associates. Ex- c^pt for that grade change, it is our understanding that the plans, drawings and perspective, as sub- mitted, are approved. Because neither Mr. Pfohl, Pres- ident, nor the writer plans to be present for the City Counctil meet- ing on January 5, it is approp- riate to explain this re -submission and the reasons for it. 1. Fischer & Co. honestly be- lieves it is in the best interest of the City Urban Renewal Pro - grain that this property be sold to it. The title to this property provides that nothing may be built on the northerly 10 feet of Parcel 10.10. Purchase by Fischer will permit it to construct a building that will occupy not only all of the area purchased, but the ad- joining property to the north which is owned by Fischer. The frontage on Locust Street of the proposed Fischer Building will be approx- imately 97 feet. Any other pur- chaser would be limited to con- struction of a building fronting only 47 feet on Locust Street, with no construction permitted on the nor- therly 10 feet of the Parcel 10-10. We think this is not in the best interest of the renewal program. This proposal supersedes prior offers of Fischer to purchase this property. We ask your favorable consideration and prompt action. 2. Based upon earlier informal commitments by the City, Fischer Regular Session, January 5, 1970 has already invested approximate- ly $10,000 in developing plans for the proposed building and making tie-in improvements to the adjoin- ing building owned by Fischer. "A" footnote Purusant to telephone authority Fischer & Co. will submit revised plans showing a 2nd floor to be constructed as part of the same pro- ject covering the basement & 1st floor. Yours truly, Fischer & Co., Inc. By: O'Connor, Thomas, Wright, Hammer & Bertsch Signed: F. J. O'Connor Councilman Pregler moved that the communication be received and made a matter of record. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Communication of Judith A. Fitz- gerald, instructor of history at Clarke College, in support of group headed by Thomas Le.ibold for the purchase of Urban Renewal prop- erty located at the northeast cor- ner of 8th & Locust Street, pre- sented and read. 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, Pregler. Nays—None. December 29, 1969 The Honorable Mayor and City Council Gentlemen: On behalf of a newly formed business association I wish to sub. mit a proposal for the redevelop- ment of Parcel No. 10 of Block 10 in the City of Dubuque Urban Renewal Land Disposition Plan. The business association consists of the following persons, whose names and occupations are as fol- lows: Thomas Leibold, Real Estate Broker; Robert Biggins, General Contractor; Harold Moldt, Jr.. Electrical Contractor; David Con- lon, Masonry Contractor; Robert Jacquinot, Plumbing and Heating Contractor. This association has as its pri- mary objective the building and development of commercial and in- vestment. type properties. We propose to purchase Parcel No. 10 of Block 10 for the con- struction of a two story building with dimensions of 47.4 feet by 114 feet. The basement and first floor of the building would be for commercial and retail use, and the second floor would be occupied as office space. The combined area of the three floors would be in excess of 15,000 square feet. We are enclosing copies of the draw- ings of the proposed structure which have been prepared by Cul- len-Schiltz & Associates, Inc. The estimated cost of this improvement will be approximately $200,000.00. We propose to purchase Parcel No. 10 of Block 1.0 which consists of 6,532 square feet for the disposal price of $4.73 a square foot or a total of $30,896.00. At the present time we have a conditional lease agreement with Bruer Beef, Inc., a franchise food establishment which would operate a modern high quality restaurant and occupy the entire basement and approximately 3,000 feet of the first floor of the building. The lease is conditioned on our obtaining the land at the disposal price indicated. The agreement further contem- plates immediate occupancy, and in no event later than May 1, 1970. The balance of the first floor, com- mercial and retail portions of the building, and the second floor of- fice space portion have not yet been committed, but we feel that our rentals will be, competitive and we will have no difficulty obtain- ing occupants. We contemplate the commencement of construction up- on delivery of title and completion of the entire building in a mini- mum period of time. We would welcome an opportun- ity to submit a formal proposal and to discuss this matter with the appropriate representatives of the City and its Urban Renewal Department.. Respectfully submitted, 'Phomas Leibold Regular Session, January 5, 1970 19 Councilman Pregler moved that the communication be received and filed and made a matter of rec- ord. ec- ord. Seconded by Councilman Couchman. Carried by the follow - Ing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. January 2, 1969 Mr. Gent Wittenberg Dubuque Urban Renewal Department Dear Mr. Wittenberg: Enclosed herewith please find the completed documents in connection with the proposal of the general partnership consisting of Robert Jacquinat, Roger David Conlon, Robert Biggins, Thomas Leibold and Harold Moldt, Jr. There is also enclosed the required certi- fied check in the sum of $3089.60. In the event there are any other documents needed in order to sup- p1ment this proposal, please ad- vise. Thank you very much. Very truly yours, Alfred E. Hughes Councilman Pregler moved that the communication be received and filed and made a matter of rec- ord. 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. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Attorney Francis J. O'Connor, representing the Fischer and Pfohl interests stated that Mr. Pfohl would be the logical developer of the whole area under discussion. It would be a block development rather than partial development as proposed by other interests. With this in mind Mr. Pfohl could con- struct a building from the corner of 81h street right straight thru to the Arcade building which he presently owns. The area contains a ten foot easement for air rights which would restrict other interests to the construction of a building of only forty seven feet. Attorney Alfred E. Hughes, rep- resenting t h e Thomas Leibold group, was of the opinion that there is no legal binding agreement with Mr. Pfohl and the City is not bound to sell to him at the present time. His client proposes to construct a building on the land within two months after purchase. They have a tenant who would like occupancy by May of this year. At 10:19 P.M. Councilman Couch- man moved that the Council go into executive session to consider the sale of the property under dis- cussion. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. The Council returned to the Coun- cil Chamber at 10:25 P.M. in reg- ular session. Attorney R. N. Russo announced that he advised the Council to return to regular session and discuss the matter openly and Mr. Pfohl's proposal is unqualified and unconditional. Urban Renewal Director Witten- berg stated that Mr. Pfohl's pro- posal would indicate the best use of the land. Councilman Pregler moved that Mr. Pfohl's proposal be accepted as amended. Seconded by Council- man Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Councilman Bitter moved that the deposit check of Mr. Leibold be returned along with all other documents of his. Seconded by Ma- yor Meyers. Carried by the follow- ing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Regular Session, January 5, 1970 RESOLUTION ON. 4.70 Authorising The Ex:^cution Of A Contract For Sale Of Land For Private Redevelcpment With Fis- cher And Company, Inc. WHEREAS, pursuant to Resolu- tion No. 334.69, and a Notice of Public Hearing published in the Telegraph -Herald, a newspaper of general circulation in the City of Dubuque, Iowa, City Council met on January 5, 1970, at 7:30 o'clock P.M., Central Time, in 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 10 Block 10 in the Downtown Urban Renewal Project, Iowa R-15, to Fischer and Company, Inc.; and WHEREAS, pursuant to said re- solution a copy of the Redevelo- per's Statement for Public Dis. closure 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 Fischer and Company, 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 accor- dance with the terms of the Dis- position Documents governing such sale with Fischer and Company. Inc., for the real estate known as Reuse Parcel 10 of Block 10 in the Downtown Urban Renewal Project, Iowa R-15, containing 6, 532.2 square feet, subject to sur- vey. Section 2. That said parcel of real estate shall be sold for $4.73 per square foot or a total price of $30,897.31 subject to final survey of the land to be conveyed. Passed, approved, and adopted this 5th day of January, 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 Couucilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION ON. 10.70, 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 Donald Kies, 2620 University Avenue Joseph E. Bell, 263 Main Street Florence Brede Herburger, 2987 Jackson Street Jerold F. Sherman, 2255 John F. Kennedy Road CLASS "C" BEER PERMIT John Neumeister, 729 Lincoln Avenue Passed, adopted and approved this 5th day of January, 1970 Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Attest: Councilmen Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded b y Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. NaYs—None. Regular Session, January 5, 1970 21 RESOLUTION NO. 11.70 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. Donald Kies, 2620 University Av- enue Joseph E. Bell, 263 Main Street Florence Brede Herburger, 2987 Jackson Street Jerold F. Stierman, 2255 John F. Kennedy Road CLASS "C" BEER PERMIT John Neumeister, 729 Lincoln Av- enue 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 January, 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 Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitters, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 12.70 WHEREAS, applications for Liq- uor Permtis have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE TI 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 Donald Kies, 2620 University Ave- nue. Jerold F. Stierman, 2255 John F. Kennedy Road Passed, adopted and approved this 5th day of January, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Len 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, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 13-70 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 ordi- nances 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 Donald Kies, 2620 University Ave- nue Jerold F. Stierman 2255 John F. Kennedy Road Regular Session, Passed, adopted and approved this 5th day of January, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord hi. Couchman 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 ouncilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Councilman Couchman moved appreciation and thoughtful wor accomplished by former Counci men McCauley and Schultz an also for the effective job acco - plished by Councilman Pregler while acting as Mayor during the past year. Seconded by Council- man Bitter. Carried by the follow. ing vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays.—None. There being no further business Mayor Meyers moved to adjourn. Seconded by Councilman Molden. hauer. Carried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Leo F. Frommelt City Clerk January 5, 1970 Approved .........•rL1I19 1, we .................. Adopted ............June....l:. 1970 ..................... ?-.. ttes . ......................... City Cl.rk Special Session, January 19, 1970 23 CITY COUNCIL OFFICIAL Special Session, January 19, 1970. Council met at 7:30 P.M. (Cen- tral Standard Time) Present — Mayor Meyers, Coun- cilmen Bitter, Couchman, Mold- enhauer, Pregler. City Manager Gilbert D. Chaven- elle. Mayor Meyers read the call and stated that service thereof had been duly made and this meeting is called for the PURPOSE OF APPROVING SALE OF AIRPORT LAND TO THE HIGHWAY COM- MISSION AND ALSO APPROVING SALE OF $3,262,000. PROJECT NOTES FOR THE URBAN RE- NEWAL PROJECT IOWA R-15, and acting upon such other business as may properly come before a regu- lar meeting of the City Council. Communication of the Commis- sion on the Aging from Des Moines, Iowa, by Earl V. Delson, express- ing his appreciation for allowing them to present the case for low rent housing, and hoping that the City and County will undertake some program of housing for the elderly, presented and read. Coun- cilman Pregler moved that the communication be received and fil- ed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of Project Con- cern submitting a recommendation as to their participation in low rent housing for the elderly pre- sented and read. Councilman Mold- enhauer moved that the communi- cation be referred to the Manager and Staff to come back with recom- mendations. Seconded by Council- man Couchman. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays — None. Communication of Dubuque Council of Churches, Social action committee, recommending the es- tablishment of a City Housing Authority as presented by Pro- ject Concern, presented and read. Councilman Couchman moved that the communication be referred to the City Manager and Staff to come back with recommendations. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler, Nays — None. Communication of Tom Leibold and Associates expressing thanks to those people who supported their efforts in trying to secure the Urban Renewal site at ath & Lo- cust Street, 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- hauer, Pregler. Nays—None. January 15, 1970 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have approved the following bond and policy, and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY Saffron Construction Company, Bi- tuminous Casualty Corporation SIDEWALK Gilbert Boling, Merchants Mutual Bonding Company Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the policy and bond be filed sub- ject to approval of the City Solic- itor. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. January 14, 1970 To the Honorable Mayor and City Council Gentlemen: The Large Cities Group of the Iowa League of Municipalities has Special Session, January 19, 1970 voted to establish a fund to provide salary and expense for a person to work with the League Director. The City of Ames has agreed to be the contracting agent under the Intergovernmental Agreement legislation of 1965. Dubuque's share of the anticipated 1970 cost, pro -rated on a per -capita basis is $1,044. The attached contract provides for our participation in the pro- gram. I ask that. the mayor and clerk be granted authority to sign it. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the request. Seconded by Mayor Meyers. Carried by the following vote: Yeas.—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler, Nays—None. January 13, 1970 Honorable Mayor and City Council Gentlemen: On May 25, 1969, Mrs. Rita M. Rang, 2465 Cherry Street, Dubuque, Iowa, filed claim against the City of Dubuque in the amount of $2,000 for injuries allegedly suffered on the 14th day of May, 1969 as the result of an alleged fall in the alley crossing between Asbury and Finley Streets at the intersection of said alley and Cherry Street, claimant alleging injuries to her right knee as the result of said fall, and this matter was referred to the writer. I have made an investigation of this matter and have reviewed the medical bills and the doctor's report, Claimant, through her at- torney, had made an offer of set. tlement of this claim in the amount of $350.00, and it is the recom. mendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be instructed to draw a warrant payable to Mrs. Rita M. Rang and Roger Rang, wife and husband, in the amount of $350,00 and trans- mit the same to the City Attorney for delivery upon receipt of duly executed releases. Original C13im is returned herewith. Respectfully submitted, R.N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Communication of Attorney Gen- eral of Iowa submitting a dismis- sal notice of case against Union Asphalt & Roadoils Inc. stating that a settlement has been reached in the amount of $250,000 less prob- able fees approximating $65,000 the balance of which will be distributed among the various participating governmental subdivisions who participated in the suit, presented and read. Councilman Couchman moved that the notice be referred to the City Solicitor. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Notice of claim of Loras E. Hart- man, in an estimated amount of $52.24 for car damage incurred as the result of stricking a rock in the street at Dodge and Booth on December 23, 1969, presented and read. Mayor Meyers moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Notice of claim of Michael J. Finn, in the amount of $553. for personal property damage incurred as the result of a sewer back up into his home at 1770 Keyway Drive on January 2, 1970, presented and read. Mayor Meyers moved that the claim be referred to the City Solicitor for investigation and re- purt. Seconded by Councilman Bit- Special Session, January 19, 1970 25 ter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Notice of claim of Mildred M. Teasdale, in an undetermined amount, for injuries received in a fall in the Parking Ramp at ath & Locust on December 8, 1969, presented and read. Mayor Meyers moved that the claim be referred to the City Solicitor for investi- gation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. January 15, 1970 To the Honorable Mayor and City Council Subject Supplemental Appropria- tions to the 1970 Budget Gentlemen: I have investigated the balances of the several funds and accounts and determined the cost of pro- grams and materials budgeted in 1969 which must be carried into 1970. I have also costed several items, not covered by the 1969 or 1970 budgets, which require financ- ing. I have requested that an ordin- ance be written covering these transactions and presented for your consideration. This ordinance must be set down for public hear- ing. In order that you may be aware of the financial details involved, I submit the attached table, "Re- quested Supplemental Appropria- tions to 1970 Budget". In the table I have described the intent and purpose of each item included in the request. I have also indicated with an asterisk those items which are not "carryover" from the 1969 budget. Two of these, "Contribu- tion to River Valley CAP" and "TV Sewer Inspection Equipment" were favorably considered by the Council last August with the sug- gestion that they be included in this request. I have not included other pro- posals which are knocking at our door, believing that the financing of these proposals can only be de- termined after the 1969 commit- ments are covered. Examples of excluded proposals are: Increased support for Alcohol- ism Program; Rubella Immunization Program; Annual support for the Visiting Nurses Asociat.ion; Financin^ additional cost of ser- vice performed for the City by the Humane Society; Staffing the Human Relations Committee; and Staffing a proposed Housing Commission. I recommend to you the proposed ordinance. Respectfully. Gilbert D. Chavenelle, City Manager 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, Moldenhau- er. Nays—None. ORDINANCE NO. 4-70 An Ordinance Amending the Budget as Authorized by Ord- inance No. 1-70, presented and read. Councilman Bitter moved that the reading just had be consider- ed the first reading of the Ordin- ance. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Mey- ers. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays --None. Councilman Bitter moved that a public hearing be held on the Ord- inance on February 2, 1970 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 thehearing in the manner required by law. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Special Session, January 19, 1970 Petition of Dubuque County Medical Society requesting consid- eration in underwriting any defic- it, up to some particular amount, of the cost of immunizing children from 1 to 12 against Rubella (Ger- man Measles), presented and read. Councilman Pregler moved that the City Manager be authorized to underwrite any deficit up to $3000. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- haver, Pregler. Nays—None. Petition of Dubuque Ass'n of the Blind requesting permission to conduct their annual candy sale on the weekends of February 14th and 21st, presented and read. May- or Meyers moved that the petiti- tion be approved subject to ap- proval of the City Manager. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Thomas E. Andresen requesting a refund of $250. on the unexpired portion of Liquor Li- cense No. C-5672 as he has discon- tinued business on 12.23.69, pre- sented 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 Bitter, Couchman, Molden hauer, Pregler. Nays — None. Petition of Sunshine Circle of Finley Hospital requesting a re- fund of $25.00 on the unexpired portion of cigarette license No. 109, as they have discontinued business on January 9, 1970, pre- sented 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 Bitters, Couchman, Molden. hauer, Pregler. Nays—None. RESOLUTION 4-69 Extract from the Minutes of a Regular Meeting of the Airport Commission of the City of Du- buque, Iowa, field on the 13th day of November, 1969. Section 1. The following Resolution was in. troduced by F. Robert. Woodward, Sr. read in full and considered: RESOLUTION WHEREAS, the Iowa State Highway Commission desires to acquire 18.6 Acres along the North Boundary of the MU- NICIPAL AIRPORT for highway purposes and WHEREAS, the AIR- PORT COMMISSION of the City of Dubuque, Iowa deems it in the best public interest that said Highway Commission be granted said right- of-way and WHEREAS, the offer of 11 600.00 for the purchase of same should be accepted. NOW THEREFORE BE IT RE- SOLVED BY THE AIRPORT COM- MISSION OF THE CITY OF DU- BUQUE. IOWA that they convey it to the State Highway Commis- sion of a parcel of real estate of ap- proximately 18.6 acres for the sum of $6000.00 which right-of-way is for highway purposes in the im- provement of U.S. Highway 151. Section 2. THE AIRPORT COMMISSION OF THE CITY OF DUBUQUE, IOWA recommends to the City Council of Dubuque, Iowa that it convey to the Iowa State Highway Commission said parcel of real es- tate containing approximately 18.6 Acres more or less for the sum of $6,000.00 which shall be used by said highway commission for high- way purposes in the improvement of U.S. Highway 151. Passed, Approved and Adopted this 13th day of November, 1969. Les Harney Chairman, Dubuque Airport Commission F. R. Woodward Secretary, Dubuque Airport Commission W. M. Clemens Jr. Councilman Moldenhauer mov- ed that the resolution be received and made a matter of record. Sec- Special Session, January 19, 1970 27 onded by Councilman Bitter, Car- ried by the following vote: Yeas — Mayor Meyers, Council- man Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of time and place of public hearing to dis- pose of approx. 18.9 acres being located from Station 1096 + 28 to Station 1122 + 33.3 Sec. 22, Twp 88, N. R. 2 E. to the Highway Com- mission of the State of Iowa for right of way purposes along re- located Highway No. 151 in the amount of $6,000. Presented and read. No written objections were Wed and no oral objectors were Present in the Council Chamber at the time set for the public hear- ing. Councilman Moldenhauer mov ed that the proof of publication 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. RESOLUTION NO. 1470 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 De- cember 12, 1969 and December 19, 1969, City Council of Dubuque, Iowa met on the 19th day of Jan- uary, 1970 at 7:30 o'clock P.M., in the City Council Chamber, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque in certain real estate owned by the City of Dubuque and operated and man- aged by the Airport Commission of the City of Dubuque, Iowa to the Iowa State Highway Cominis- •ion, said disposal of real estate being for Right of Way purposes along relocated Highway No. 151 being described as Iowa State Highway Commission Project No. FN -151-3 (8)-21-31 in Dubuque County, with a R.O.W. area of 18.9 acres, being located from Station 1096-28 to Station 1122-{-33.3 Sec. 22, Twp. 68 N. R. 2E. and said real estate being hereinafter more par- ticularly described, 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 Iowa State Highway Commission: 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 Iowa State High- way Commission covering the fol- lowing real estate, to -wit: All that part of the Nle SEA of Section 22 lying northerly of a line beginning at a point 250 feet normally distant southerly from centerline on the west line of the NW'/4 SEN of said Section 22, thence to a point 170 feetnor- mally distant southerly from Station 1098+00, thence par- allel to or concentric with centerline to a point 170 feet radially distant southerly from centerline on the east line of the NEu4 SE1'4 of said Section 22, containing approx- imately 18.9 acres more or less for the total purchase price of $6.000.00, same being the approved appraisal price for the right of way needed, 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 con- veyance to Iowa State Highway Commission upon receipt of total purchase price in the amount of $6,000.00. Section 3. That the City Clerk be and he is hereby au horized and directed to record a certified copy of this resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 19th day of January, 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 mov- ed adoption of the resolution. Sea Special Session, January 19, 1970 onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Council- man Bitter, Couchman, Molden- hauer, Pregler. Nays — None. December 18, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a final plat of the Subdivision of Lot 1.1- 1-1-2 of Highland Farm, in the City of Dubuque. This plat is bounded by Asbury Road on the south, Chaney Road on the east, Kaufmann Avenue on the north, and Carter Road on the west. This plat is a division of a par- cel of property into three separate parcels and does not it solve any public right-of-way. It is the opin- ion of the Commission that this is an appropriate design for the area and that it meets the minimum re- quirements of the Subdivision Regulations. It is the recommendation of the Planning Commission that this plat be approved. 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 Moldenhauer. Carried by the following vote.: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler, Nays — None. RESOLUTION NO. 15.70 Resolution approving plat of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Highland Farm in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat in which Int 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Highland Farm, in the City of Dubuque, Iowa, is platted as Lots 1, 2 and 3 of the Sub- division of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Highland Farm, in the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the City Planning Commission and had its approval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relat- ing thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CrrY OF DUBUQUE, IOWA: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 19th day of January, A.D., 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 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 Sale of Project Notes (First Series 1970), maturity June 5, 1970, dated February 10, 1970, to finance Ur- ban Renewal Project, presented and read. No written objections were filed and no oral objectors were present at the times set for the public hearing. Councilman Moldenhauer 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. Special Session, January 19, 1970 29 RESOLUTION NO. 16.70 Resolution authorizing t h e sale, issuance, and delivery of project notes in the aggregate principal amount of $3,262,. 000.00 and the execution of Requisition Agreement No. 1 in connection with the Down- town Urban Renewal 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 financing the urban renewal, low - rent housing or redevelopment project(s) described in the Con- tract and herein called the "Pro - Name of Bidder Bank of America, N. T. & S. A. First National City Bank, Continental Illinois National Bank and Trust Company of Chicago First Boston Corporation and Mellon National Bank and Trust Company The Northern Trust Company and A. G. Becker and Company, Inc. The Chase Manhattan Bank and Lehman Brothers Chemical Bank Bankers Trust Company Morgan Guaranty Trust Company of New York and Salomon Brothers and Hutzler NOW, THEREFORE, BE IT RE- SOLVED by the CITY COUNCII. OF THE CITY OF DUBUQUE as follows: Section 1. The aforesaid publi- cation of the Notice of Sale and the form and contents theereof as so published are hereby, in all respects, approved, ratified and confirmed. Section 2. In order to provide funds to pay expenses incurred or to be incurred in the development of the Project, or to refund, renew or extend its outstanding Notes issued in connection therewith, the Local Issuing Agency hereby de- termines to borrow the sum of Three Million Two Hundred Sixty Two Thousand Dollars ($3,262,- ject"; and WHEREAS, pursuant to adver- tisement for the receipt of propos- als for the purchase of the First Series 1970 of Project Notes (here- in sometimes called "New Project Notes") of the Local Issuing Agency aggregating $3,262,000.00, which appeared in a Notice of Sale published on December 30, 1969 and January 6th, 1970, in the Tele- graph•Herald in the City of Du- buque, Iowa and in The Daily Pond 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 adver- tisement, to wit: at Council Cham- bers, 13th & Iowa, City Hall in the City of Dubuque, Iowa at One o'clock P.M. E.S.T., on January 13, 1970, which proposals are as fol- lows: Interest Amount Rate Principal Premium 5.49% $3.262,000 $67.00 5.49% $3,262,000 $ 5.00 5.49% $3,262,000 $12.00 5.71% $3,262,000 $-0- 5.73% $3,262,000 $22.00 5.73% $3,262,000 $24.00 000.00 and issue its negotiable Pro- ject 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 Project Notes and determines that each such proposal offers to pur- chase such Notes at the lowest interest rate or that as among pro- posals specifying the same lowest interest rate, each proposal offers the highest premium per dollar principal amount of the Notes spe- cified in such proposal. Each pro. posal enumerated below is hereby accepted and said Notes are here- by awarded to the purchaser as follows: Special Session, January 19, 1970 Principal Interest Premium Amount Rate Purchaser $3,262,000.00 5.49' $67.011 Bank of America, N. T. & S. A. First National City Bank Continental Illinois National Bank and Trust Company of Chicago, First Boston Corpora- tion and Mellon National Bank and Trust Company Section 4. Each Note shall be dated February 10. 1970, shaU be pay- able as to both principal and interest to bearer, on June 5 1970, and, pursuant to each proposal for the purchase of said Notes }iereinabove accepted, shall bear the rate of interest per annum, payable at maturity; shall bear the numbers and be in the denominations; and shall be pay- able as to both principal and interest at the incorporated bank having trust powers or incorporated trust company, as follows: Purchaser Bank of America, N.T. and S. A.. First National Cite Bank, Continental Illinois National Bank and Trust Company of Chicago, First Boston Corporation and Mellon National Bank and Trust Company. Numbers Denominations interest Rate 1 17 $100,000 5.49 18 32 50,000 33 55 25,000 56 71 10,000 72 - 86 5,000 87 88 1,000 None of such Notes shall be val- id until after the bank or trust company at which it is payable shall have signed the agreement, appearing 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 Local Issuing Agency 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 S. 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. 1- 1970" (herein called the "Requisi. tion Agreement"), in substantially 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 Payable At First National City Bank 111 Wall Street New York, New York 10015 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 sea] 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 promises 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 Govern• ment, is hereby declared to be and is hereby assigned by the Local Issuing 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 requir- ed by the Contract to be applied to the payment of Project Loan Notes (referred to in the Com tract as "Project Temporary IA)an Special Session, January 19, 1970 31 Obligations", "Advance Notes" or "Permanent Notes") as issued in connection with the Project are hereby irrevocably pledged to se- cure the payment of the principal 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 securities converti- ble into cash not later than the maturity date of the New Project Notes, sufficient and for the pur- pose of paying the principal 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 accordance with the provisions of the Requisition Agreement. Section 9. The City Treasurer is hereby authorized and directed to send promptly a letter to each paying 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 deliv- ery transaction in accordance with the terms of the letter to the pay- ing agent. Passed, approved, and adopted this 19th day of January, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter City Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 17.70 Authorizing the advertising of bids for the demolition and site clearance of certain par- cels of real estate in the Downtown U r b a n Renewal Project, Iowa R-15. WHEREAS, the City of Dubuque under date of July 26, 1967, en. tered into a Loan and Capital Grant Contract with the United States of America providing for financial Assistance to the City of Dubuque under Title 1 of Housing 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 "Invitation for Bids" for Demolition Contract No. 1-70 for the demolition and site clearance of certain parcels of real estate in the Downtown Ur- ban Renewal Project, Iowa R•15, in the form of Exhibit "A" at, tacked hereto and made a part hereof. Passed, and adopted, and ap- proved this 19th day of January, 1970. Donald R. Meyers Mayor Walter A Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk INVITATION FOR 13IDS Demolition Contract No. 1.70 The City of Dubuque, State of Iowa, will receive sealed proposals for Demolition of buildings and structures and Site Clearance for the Downtown Urban Renewal Pro- ject, Iowa &15, until 10 o'Cloek Special Session, January 19, 1970 A.M., Central Standard Time on February 6, 1970, at the Office of the City Clerk, City Hall, 13th and Iowa, Dubuque, Iowa, at which time all bids will be publicly opened and read in Council Cham- bers. This project will consist of approximately 22 major building, and other improvements that may in fact exist upon any of the par. cels to be cleared. All improve- ments are to be demolished or dismantled on the site. Contract Documents, including drawings, technical drawings and forms are on file with the Director of Urban Renewal. Copies of the Contract Docu- ments may be obtained by deposit- ing $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. Gov- ernment bonds, or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to ten percent (10%) of the estimated cost of Demolition and Site Clearance exclusive of any deductions for salvage, 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 he 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 the Contract. CITY OF DUBUQUE Leo F. Frommelt City Clerk January 21, 1970 Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of Joseph R. Sherman, Doris M. Riekena, Iowa Coaches Inc. submitting a proposal to purchase the Nly 65' of Ely 94' and the Nly 50' of Wly 65' of par- cel 1-1 in the Urban Renewal pro- ject in the amount of $23,400.00, for the purpose of constructing a new bus depot, presented 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- 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. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Mr. Paul Rossiter of Rossiter & Hamm, Architects and Engineers, addressed the Council and sub- mitted a sketch relative to the proposed construction of a new bus depot in the Urban Renewal area. Mr. Joseph Sherman staled that the new bus depot would take care of approximately a 50% in- crease in the handling of bus pas- sengers and freight. RESOLUTION NO. 18-70 Declaring intent to sell a por- tion of the Downtown Urban Renewal Project, Iowa R-15, to Joseph R. Sherman and Doris M. Riekena. WHEREAS, under date of Aug- ust 4, 1969, the Council of the City Special Session, January 19, 1970 33 of Dubuque approved and author- ized the receiving of proposals for the sale and redevelopment of cer- tain parcels of real estate in the Downtown Urban Renewal Pro- ject, Iowa R-15; and WHEREAS, in response to such offering a proposal for the pur- chase and redevelopment ofa por- tion of the project land was re- ceived from Joseph R. Sherman and Doris M. Riekena; 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 docu- ments 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 the Northerly 65 feet of the Easterly 94 feet and the Northerly 50 feet of the Westerly 65 feet of Parcel 1 of Block 1 in the Down- town Urban Renewal Project, Iowa R-15, to Joseph R. Sherman and Doris M. Riekena in accord- ance with the terms of the Dis- position Documents governing such on file in the office of the Department of Urban Renewal. Section 2. That the City Clerk be and is hereby authorized and di- rected to publish notice of public hearing to be held on March 2, 1970, and to make certain docu- ments available for public inspect- ion. Such notice shall be substant- ially in the: form of Exhibit "A" attached hereto and made a part hereof. Passed, approved, and adopted this 19th day of January, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Exhibit "A" Legal Notice of Hearing Pursuant to Chapter 403 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 be- tween the City of Dubuque and the developers hereinafter listed for the purchase and redevolpment of certain parcels of real estate lo- cated in the Downtown Urban Re- newal 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 Locust Street on the west.. Names and Addresses of Developers Joseph R. Sherman, 233 Wiscon- sin Ave., East Dubuque, Illinois. Doris M. Riekena, 628 Clarke Drive, 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 2nd day of March, 1970, and any person or organization desiring to be heard will be given 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 Meyers moved adop- tion of the. resolution. Seconded by Councilman Couchman. Carried by the following vote: Peas -- Mayor Meyers, Council- men Bitter, Couchman, Moldem hauer, Pregler. Nays — None. January 16, 1970 To the Honorable Mayor and City Council Gentlemen: I hereby submit the attached sheets No. 1 and 2 inclusive show. ing a schedule of the proposed Special, Jumary 19 1970 RESOLUTION NO. 19.70 BE IT RF.V)Lt'ED BY THE CITY CO". 'CIL OF THE CITY OF DUBUQUE, IOWA: Sedion 1. That the attached sh6et No. I and 2 inclusive hereby detezmined to be the schedule of proposed assessments for the John F. Kennedy Road Sanitary Sewer from Sping Valley Road to 32nd Street — west side. Passed, adopted and approved this 19th day of January, 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. RESOLUTION NO. 20.70 Preliminary Estimate and ap- proval of proposed plans, specifi- cations, form of contract, including all items of material and work re- quired to construct the John F. Kennedy Road Sanitary Sewer from Spring Valley Road to 32nd Street — west side, at an estimat. Pd cont of $11,958.40, presented and read. Mayor Meyers moved adoption of the resolution. Seconded by Councilman Bitter. Carried by the following vote: You — mew Nefem C+ombed- an* Hitter. C'Ouchna& Moidaw hsoer, Pregler. `"" — Nn 'Nscsstirr for I"Wowe oo"; RESOLUTION NO. 21.70 WHEREAS p'r>fjSe!d p:,ans, s e- nricabon.s. f;,rm of aonti wt pia: and schedule have been duly pre- pared and approved by the Csty Coundl of the City of D-ibuque and are now on file -,n the oifxv of the Caty Clerk shoring among other things the following 1. The site and kind of sewers. 2. Each lot proposed to be assessed together with a valuation fixed by the council. 3. An estimate of the cost of the Proposed improvement, stating the same for each different type of construction and kind of material to be used. 4. In each case the amount thereof which is estimated to be assessed against each lot, for the construct- ion of the John F. Kennedy Road Sanitary Sewer from Spring Valley Road to 32nd Street — west side. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at tht- time of the final consideration of this proposed re- solution have on file with the City Clerk objections to the amount of the proposed assessments, 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 the City Engineer 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 improve- ment will be as•.sessc d upon and against all privately owned pro- perty lying within assessable dis- tance provided by law and in an amount not to exceed the amount Provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Special Session, January 19, 1970 35 Sewer bonds shall be issued in an- ticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway por- tion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved, and ordered plac- ed on file with the City Clerk this 19th day of January, 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. 22-70 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 20-70 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspections, for the Con- struction of the John F. Kennedy Road Sanitary Sewer from Spring Valley Road to 32nd Street west side. and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 2nd day of March 1970, a public hearing will be held at 7:30 o'clock P.M. C.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the bound- aries 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 Ne- cessity 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 in the city of Du- buque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fix- ed for its consideration and unless property owners at the time of final consideration of said resolu- tion have on file with the Clerk ob- jections to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 19th day of January, 1970. Donald M. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Moldenhauer mov- ed adoption of the resolution. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 23-70 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, compos- ed of Walter A. Pregler, Mayor, Vincent Kaiser, Chairman of Dock Board, and Robert E. Dorothy, Manager of Dubuque Industrial Bureau, have recommended to the City Council of Dubuque, Iowa, that the application to exercise an option to purchase certain real es- tate by The Eska Company of Du- buque, Iowa, for the expansion of the Eska plant in the City of Du- buque, Iowa, be, granted, and WHEREAS, the City Council of Dubuque, Iowa has examined said application and said recommenda- 36 Special Session, January 19, 1970 tion by the MAYOR'SINDUS- TRIAL COMMITTEE and find that the sale of said real estate should be approved, and WHEREAS, said real estate sought to be purchased by The Eska Company of Dubuque. Iowa is described and known as: Lot 3 of Lot 1 of Block 5. River - front Subdivision No. 3 in the City of Dubuque, Iowa, subject to easements of record. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application nf The Eska Company of Dubuque, Iowa to exercise its option to pur- chase a parcel of real estate in the City of Dubuque, Iowa, which real estate is described and known as follows: Lot 3 of Lot 1 of Block 5, Riv- erfront Subdivision No. 3 in the City of Dubuque, Iowa, subject to easements of record, be and the same is hereby approv- ed upon the following terms and conditions: A. That said real estate be sold to The Eska Company of Du- buque, Iowa for its expansion Proportionate to its present fac- ilities. B. That the sale price for said real estate shall be in the amount of $5.000 per acre or a total pur. chase price of $17,350.00. C. That The Eska Company final- ize its negotiations with the Du. buque Industrial Development Corporation to purchase land and buildings located in Blocks 5 and 6 of Riverfront Subdivi• sion No. 3. D. That said land be used by The Eska Company for its expansion proproitionate to its present fa- cilities within one (1) year of adoption and passage of this Resolution and shall be com. pleted within two (2) years of date of adoption and passage: of this Resolution and upon fail. ure so to do by the purchaser, The Eska Company of Dubu- buq,ie, Iowa, said real estate shall automatically revert to the City of Dubuque, Iowa, and pur• chase price, less damages, shall be refunded to the purchaser. E. That the construction of all buildings, yards, parking lots and fences shall be constructed in conformance with existing City Codes. Section 2. That the City Clerk be and he is hereby authorized and di rected to publish notice of intent to dispose of interest in real estate as is by law required. Passed, approved and adopted this 19th day of January, 1970. Donald R. Meyer 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 Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, 11regler. 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, Moldenhau er, Pregler. Nays — None. Leo F. Frommelt, City Clerk, Approved J une....... 1 t. ..1970. Adopted ........JuriB....... l.t..... Irm. `x.....:..5.. . ..`... •: W lmen Regular Session, February 2, 1970 37 CITY COUNCIL OFFICIAL Regular Session, February 2, 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 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. January 22, 1970 To the Honorable Mayor and City Council Gentlemen: You referred to the city manag• er a petition dated December 4th by the Eisenhower PTA requesting that the city install a street light near the driveway leading into the Eisenhower School off Spring Val- ley Road. The city electrical inspector in- vestigated the area and has report- ed that a 175 watt light on a 14' standard is in place at the north- west corner of the intersection of Spring Valley Road and Old Coun- try Lane. This location is directly across the street from the school driveway. The lighting in this area is un- derground wiring. It is part of the approved plan for lighting Sylvan Road and has been installed by the subdivider. The lighting system has not been extended easterly of the school drive since this section of the subdivision has not yet been developed. The electrical inspector also noted that there was no lighting on the school grounds. It is re- ported by the city inspector that the street lighting installation is correct for street purposes and that the lighting requested should be accomplished by area lighting of the school grounds. I recommend that the petition be denied and I have written and informed the petitioner of my rec. ommendation. 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. January 19, 1970 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasur- er, and the Water Department for the month of December 1969. Also a list of claims for which warrants were drawn. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports 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. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during December 1969, presented and read. Councilman Pregler 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, Moldenhau- er, Pregler. Nays—None. January 28, 1970 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following policies and desire to have your approval on same. Regular Session, 1'ebruary 2, 1970 COMPREHENSIVE LIABILITY Conlon Building Co. & Conlon Con- struction Co., Northwestern Na- tional Insurance Co. Richard J. Schiltx, d/b; a, Schiltz and Sons Const. Co., Hartford Accident & Indemnity Co. Respectfully. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the policies be filed subject to ap- proval of the City Attorney. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman. Moldenhau- er, Pregler. Nays—None. January 30, 1970 To the Honorable Mayor and City Council Subject: Proposed Water Works Improvements Gentlemen: Plans have been prepared for water works improvements de- scribed in the attached letter from Henningson, Durham & Richard- son, Inc.—Cullen-Schiltz & Associ- ates. The engineers will present the plans at Council meeting. The proposed program is a part of the five-year capital improve. ment schedule considered by the Council in October 1968. I am en- closing a copy of this schedule. I plan to finance the proposed construction with Water Depart. ment funds and federal assistance. Water Department funds are avail- able for our portion of the cost. I request your permission to make application to the Federal Govern. ment for assistance funds. Please note the time schedule on page two of the HDR letter. The project will be submitted to the Council for formal approval in May. Consequently, the only Coun. cil action necessary at this time is granting permission to apply for federal assistance. I am also enclosing a letter from Water Superintendent J. J. Hail recommending the improvements. I concur in this recommendation. Respectfully, Gilbert D. Chavenelle City Manager Council Pregler moved approval of the recommendation and that the rules be suspended in order to let anyone present address the Council on the subject. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Meyers. Council- men Bitter, Couchman. Molden- hauer, Pregler. Nays—None. Mr. Tom Ombruni of H.D.R. and John Kilby of Cullen Schiltz Asso- ciates submitted a complete layout of the proposed Waterworks ex tensions covering the next five years. RESOLUTION NO. 24.70 Resolution authorizing the City Manager the authority to file application to the Federal Gov- ernment for Assistance Funds for Water Works Improvements. NNIEREAS, the City Manager has been informed under the Housing and Urban Development Act of 1965, the administration of the Housing and Home Finance Agency is authorized to make grants to local public bodies up to 50% of the construction cost of Water Works Improvements. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCII, OF THE CITY OF DUBUQUE, IOWA, that the City Manager, Gil- bert D. Chavenelle, of the City of Dubuque, Iowa, be and he is here - application to the Housing and Home Finance Agency for Assist- ance Funds for the City of Dubuque Water Works Improvements. Passed, adopted and approved this 2nd day of February, 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, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays --- None. Regular Session, February 2, 1970 39 January 26, 1970 Honorable Mayor, City Council and City Manager. Gentlemen: Submitted herewith is the 1969 Annual Fiscal Report for the City of Dubuque, Iowa, beginning Jan- uary 1, 1969 through December 31, 1969. Sincerely yours, A. G. }Ieitzman City Auditor. Councilman Pregler moved that the report 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. January 29, 1970 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Multiple Residence to Local Busi- ness "B" property described as Lot 1 of 1 Byrnes Subdivision; Lot 2 of 1 of Lots 24 and 25 in Bonson and Steward Subdivision; Lot 2 of Z of Byrnes Subdivision; Lot 2 of 1 of 2 of Byrnes Subdivision; Lot 1 of 1 of 2 of Byrnes Subdivision; and Lots 1, 2, 3, 4, and 5 of Byrnes Subdivision No. 2.. all in the City of Dubuque. At the public hearing, two of the property owners were present to speak in opposition to the proposal. This property is located south of Dodge Street and west of Bry- ant Street, and is occupied by several residential structures at the present time. The property directly west is classified Local Business "A"; the property across the street to the north is classified Local Business "B"; the property across Bryant Street is classified Local Business "B" and the property directly south is classified Two Family. It was the opnion of the Com- mission that because of the zoning and land use around this property and because of its proximity to Dodge Street, that the most ap propriate use would be for com- mercial establishments. It is the recommendation of the Planning and Zoning Commission that the property described above be reclassified from Multiple Resi- dence to Local Business "R". Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved ap- proval ot the recommendation and the communication be referred to the City Attorney for proper pro- ceedings. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- man Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Notice of CIaim of Mrs. Vincent Re.ttenmaier, in an undetermined amount, for personal injuries re- ceived in a fall on a defective side- walk in front of Xavier Hospital on Davis Avenue on January 7, 1970, presented and read. Mayor Meyers moved that the claim be re- ferred to the City Solicitor for investigation and report. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Notice of Claim of Margaret M u l e r t, in an undetermined amount, for personal injuries re- ceived in a fall on an icy sidewalk at1504 Iowa Street, on January 17, 1970. Mayor Meyers moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. Notice of Claim of Delores L Lyons, in an undetermined amount, for personal injuries received in a fall on an icy sidewalk at 217 & 22nd Street on January 5, 1970, presented and read. Mayor Meyers moved that the claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun. cilman Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, CounciI- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Regular Session, February 2, 1970 Notice of Suit of Paul Tressel, in the amount of $300. for car damage as the result of a fallen tree limb from a Dutch elm dis- eased tree while his car was parked at 451 W. 16th Street on October 9, 1969 presented and read. Mayor Meyers moved that the notice of suit be referred to the City Soli- citor for investigation and report. Seconded by Councilman Molden- hauer. 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 Ordi- nance No. 3-34 by repealing Sub - Section (M) of Section 1 of Article 11 thereof and by enacting a new Sub -section (M) of Section 1 of Article II in lieu thereof under Single Family Dwelling use regu- lation, presented and read. Coun- cilman Pregler moved that the proof of publication 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. January 26, 1970 To the Honorable Mayor and City Council Subiact: Proposed Amendment to Zoning Ordinance to limit, in Single Family and Two Family Residence Districts the renting of one or two rooms in private resi- dences to not more than one or two adult guests. Gentlemen: I. THE SITUATION The amendment was considered at Council meeting on January 5th and a public hearing will be held on February 2nd. Marvin Nielsen may be present to speak in support of the amendment. Constance E. Supple, or her reoresentative, may oppose the amendment. Constance Supple and her sister have operated a rooming house for a number of years at 1270 West 5th. This family of two rents a second story room to four people. Th^y also renta basement room to four people. The basement room is above ground level. The tenants are generally Loras College stud- ents. The owners claim that they have made a substantial investment which is supported by rent. Marvin Nielsen's residence is at 1284 West 5th, next door to the rooming house. Over a period of six months Mr. and Mrs. Nielsen have complained of the situation on the grounds that the roomers were noisy, that the tenants were cooking in their rooms, and es- pecially that the automobiles of the tenants and their guests occupied all of the street parking area. The Nielsens have contacted the police, the building department, the city manager and councilmen. City representatives have patrolled the area, contacted the Loras College dean of students, interviewed the Nielsens, inspected the rooming house, talked with the owner and student tenants. No ordinance vio- lation was found sufficient for act- ion. No proposed solution was sa- tisfactory to the parties concerned. The proposed ordinance stems from this situation. 11. THE LAW AND THE PRO- POSED AMENDMENT It is proposed to change the zon- ing ordinance so that only two adult roomers be. permitted in a family residence in single and two family residence zoning district. The proposal does not affect mul- tiple family district regulation. The present ordinance permits in a dwelling occupied as a family residence one or more rooms rent- ed or table board furnished up to four rooms or eight adult guests. Lodging, Boarding Houses and Tourist Homes are permitted in Multiple Residence Districts. Fur- ther, "family" is defined as "any number of individuals living to- gether as a single housekeeping unit and using certain rooms as housekeeping facilities in common". The word "adult" is not defined. The present Housing Code regu- lates rooming houses of three or more guests as to conditions such as space, toilet facilities, light and exits, but does not control the num- ber of roomers. It does not accomp- lish the purpose of the proposed amendment. Regular Session, February 2, 1970 41 M. AMENDING ORDINANCE DIFFICULTIES A. Since the word "adult" is not defined and could be interpreted as permitting any number of non - adult guests, it is suggested that "adult" be stricken from the amendment. B. The rooming house owner has been informed, that if the amendment is passed, the limita- tion of two roomers will apply with a change of student guests possibly at the end of the current college semester. It is possible, however, that it may be interpret- ed as a nonconforming use and the operation continued in spite of changing student guests. C. Finally, the definition of "family" may permit a situation where a group of say eight stu- dents could rent a single family residence, in a single family dis- trict and occupy the building in spite of the amendment restriction. W. EFFECT OF AMENDMENT ON DUBUQUE PROPERTY HOLD- ERS AND COLLEGES The amendment will effect the owners of 1270 West 5th. I have no knowledge of other similar sit- uations nor any data to enumerate them. There is a possibility that there are a few others. The Building Department staff has contacted the University of Dubuque and Loras College. The amendment restriction will not ob- jectionably effect the off campus housing of these schools. V: JUSTIFICATION It is intended by zoning restric- tion of single and two family resi- dence districts to providemini- mum standards for average single and two family occupancy. The appropriate amount of land requir- ed for building and yard. The available space for parking auto- mobiles. Zoning restriction insures these minimums by grouping sim- ilar buildings with similar needs. Single family buildings in single residence districts, two family buildings in two family districts. Other standards are set to meet the needs of other building group- ings, or where there is an intended mixture of types standards are de- signed so that this situation will work. Whenever an occupancy of more intensive and unanticipated use is permitted in a district, the area design doesn't work as it should. In the case on West 5th six or more cars must be moved and parked instead of two. Noise nuisance of eight roomers is most likely greater than made by an average family. The outdoor ac- tivity of eight students probably exceeds that of an equal numbered family unit. Under these condi- tions the market value of a family area tends to become less than it should be. On this basis, restricting the number of roomers in single and two family districts is worthwhile. VI. RECOMMENDATION I recommend that the word "adult" be stricken from the pro- posed amendment and that it then be favorably considered. Respectfully, Gilbert D. Chavenelle City Manager 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, Pregler. Nays—None. Petition of Robert J. O'Brien re- questing denial of the recommen- dation of the Planning do Zoning Commission to limit the use of private property in order that cer- tain traffic conditions be alleviat- ed, more particularly the West Fifth Street area, presented and read. Councilman Pregler moved that the petition 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. Attorney Tom Schrup presented a petition signed by residents of the West 5th Street area in opposi- tion to the amendment of Section (M) of the Zoning Ordinance due to the unfair restrictiveness on Du- buque residents and uncertain le- gal application. Attorney Schrup addressed the Council in behalf of Regular Session, February i', 1970 the petitioners. Mr. Robert Lake - man of 1244 W. 5th Street spoke well of the roomers at. 1270 West Fifth Street and in his opinion were very helpful in keeping the property in shape. Mr. Marvin Nielsen of 12&4 W. 5th Street ob- jected to the inconvenience and nuisance caused by the roomers in the area. After considerable discussion Mayor Meyers moved that the rules be. reimposed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter. Couchman, Molden- hauer, Pregler. Nays—None. Councilman Couchman moved that the word "adult" be stricken from Ordinance No. 2-70 before Final Adoption upon recommenda- tion of the City Attorney that the word Adult be stricken and the Ordinance published. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 2-70 An Ordinance Amending Ordi- nance No. 3-34 known as the "Zoning Ordinance of the City of Dubuque, Iowa, by repealing Subsection (M) of Section 1 of Article 11 thereof and by enact- ing a new Subsection (M) of Sec- tion 1 of Article 11 in lieu there- of to permit renting of one or two rooms in a private residence to not more than two guests, said Ordinance having been prev- iously presented and read at the Council meeting of January 5, 1970, presented for final adoption. ORDINANCE NO. 2-70 AN ORDINANCE AMENDING ORDI NANCE NO. 3-3d, KNOWN AS "THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA" BY REPEALING SUBSECTION (M) OF SECTION 1 01 - ARTICLE 11 THEREOF AND BY EN ACTING A NEW SUBSECTION (M) OF SECTION 1 of ARTICLE II IN LIEU THEREOF TO PERMIT THE RENTINI, OF ONE OR TWO ROOMS IN A PRI VATE RESIDENCE TO NOT MORE THAN TWO GUESTS. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 13, known as "the Zoning Ordinance of the City of Dubuque, Iowa" be and the same Is hereby amended by repealing sub. section (M) of Section 1 of Article It Ihereof and by enacting a new subset tion (M) of Section 1 of Article II In lieu thereof as follows: "Section 1. USE REGULATIONS. No buildingor premises shall be used and no building or structure shall be erected or altered to be used in whole or in pari, unless otherwise provided for in this ordinance, except for the follow- ing purposes: (A) Ingle family dwelling. (B) Educational religious or Phllen- thropic use, excluding business school and college or correctional Institutions. (C) Pubilc library, public museum anJ other public buildings and munlcl- pal structures Including water sup- ply reservoir or standialpe. ID) Club, lodge, or community center building, except where the prin- cipal activity of which is a service customarily carried on as a ousi. ness or has more than five sleep- ingrooms. (E) Pub ilc parks, playgrounds, and golf links of over 20 acres. (F) Farm, garden, nursery or green. house (G) Railroad and railway right"f-way and passenger stations, and bus passenger stations. (H) Telephone exchanges (provided the plans of the building and use of the property are approved by the Planning and Zoning Commission). (1) Within a main building, the office orstudlo of a Surgeon, tlhysldan, architect, dentist, attorney, or musician, residinfl in such main buildinii and employing In said of- fice not more than one nonresident assistant, provided no goods are publicly displayed on the prem. Ises and no sign or advertisement are shown other than a sign not more than one square foot In area bearing the name and profession of the person using the office or studio. (J) Accessory use on the same lot with and customary Incident to any of the above permitted uses, including a private garage for not more than three (3) motor vehicles. (K) Signs. In addition to the sign or name plate (see Item (1) 1, Ma following signs may be erected in this district; not more than two temporary signs, neither of which shall exceed twelve (12) square feet in area pertaining to the cc.)- struction, lease, rant, or sale of a building or premises, and a name plate or bulletin board not exceeding twelve (12) square feet ,n area at the entrance to a church or similar institution. (L) Hospitals, sanitariums, and garages for more than three (3) motor ve hicles, or aprivate garage on a separate IOL Prov ding a petition therefor, accompanied by the wrV- ten consent of the owners of seven- ty-five (75) percent of the area of all real estate wilhin Three hundred (300) feet of any part of the Premises upon which such Pm Posed structure is to be establish- ed Is filed with the Board of Ad- iustrnent and approved by it. tM) Boarders or Rooms. in a dwelling occupied as a private residence one or two rooms may be rented to not more than two guests. Passed, approved and adopted this 2nO day of February, 1970. DONALD R. MEYERS Mayor DONALD R. MEYERS WALTER A. PREGLER WAYNE A. MOLDENHAUER GAYLORD M COUCHMAN JOSEPH F. BITTER Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Telegravh- Herald Newspaper this 6th day of Febru- ary 1970 LEO F. FROMMELT It. 2/6 City Clerk Regular Session, February 2, 1970 Councilman Couchman moved final adoption of the Ordinance as amended. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Meyers, Council- man Bitter, Couchman, Moldenhau- er, Pregler. Nays --None. Proof of Publication, certified to by the Publisher, of Notice of public hearing on a proposed Or- dinance Prohibiting the Building Commissioner of the City from is- suing a building permit to owners of real estate for which action has been initiated for the purpose of securing a zoning application, pre- sented 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. Mayor Meyers moved that the proof of publication be received man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 3-70 An Ordinance prohibiting Is- suance of Building Permit to owner or owners of Real Proper- ty which is being Rezoned, said Ordinance having been previously presented and read at the Council meeting of ,January 5, 1970, pre- sented for final adoption. ORDINANCE NO. 3.70 AN ORDINANCE PROHIBITING ISSU- ANCE OF P.UILDING PERMIT TO OWNER OR OWNERS OF REAL PROP- ERTY WHICH IS BEING REZONED. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Building Commissioner of the City of Dubuque, Iowa be and Is hereby Prohibited from Issuing a building per. mit to the owner or owners of real Property for which action has been Ini- tiated for the purpose of securing a zon- ing reclassification. The period of such prohibition shall extend from the date of the official act of the Planning and Zoning Commission calling for a public hearing on sold zoning reclassification up to and including ehe date of final ac- tion o1 the City Council of the Ciey of Dubuque, Iowa upon such zoning re. classification. Passed, approved and adopted this 2nd day of Februarv, 1969. DONALD It. MEYMS Mayor WALTER A. PREGLER 43 WAYNE A. MOLDENHAUER GAYLORD M. COUCHMAN JOSEPH J. BITTER ATTEST: Leo F'Frommelt Councilmen City Clerk Published officialy in The Telegraph- Hearid Newspaper this 6th day of Fr-txu- ary 1970. It y/6 LEO F. FROMMELT City Clerk. Mayor Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Hitter. Car. ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden. haver, Pregler. Nays—None. CORRECTED (OFFICIAL PUBLICATION) ORDINANCE NO. 3.70 AN ORDINANCE PROHIBITING IS- SUANCE OF BUILDING: PERMIT 10 OWNER OR OWNERS OF REAL PROPERTY WHICH IS BEING HE. ZONED. E BE IT ORINED B1 OTIfE Rrr1V COUNCIL OF THE CITY OF DUBUQUE, IOWA. That the Building Commissioner of the City of Dubuque, Iowa be and is hereby prohibited from Issuing a build- ing permit to the oNkner or owners of real property for which action has been initiated for the purpose of securing a zoning reclassification. The period of such prohibition shall extend from the date of the official act of the Plan. ning and zoning Commission calling for a public hearing on said zoning reclassification up to and including the date of final action of the City Council of the City of Dubuque. Iowa upon rdtch zoning reclassification. Passed, approved and adopted this 2nd day of February, 1970. Donald R. Meyers !Mayor Walter A. Pregler Wayne A. Mvldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen ATTEST - Leo F. Frommelt Citv Clerk Pnhlished nfrielally in the Telegraph. Herald Newspaper this 15th day of \i -y. 1970. Leo F. Frommelt City Clerk 1 t. 5.15 Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing to amend the current budget as adopted on September 9, 1969, by increasing expenditures in various functional funds, 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. Coun- cilman Pregler moved that the proof of publication be received and filed. Seconded by Council- man Bitter. Carried by the fol- lowing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- haucr, Pregler. Nuys ---None. Regular Session, February 2, 1970 ORDINANCE NO. 4-70 AN ORDINANCE AMENDING THE BUDGET AS APPROVED BY ORDINANCE NO. 1-70, said Ordi- nance having been previously pre- sented and read at the Council meeting of January 19, 1970, pre- sented for final adoption. ORDINANCE No. 4.70 An Ordinance amending the budget as approved by Ordinance No. 1-70. Be it ordained by the City Council of the City of DubuQue, Iowa: That the unexpended cash balances on hand at the close of the preceding fiscal year, not Appropriated In the original budget approved by Ordinance No. 1-70, are hereby allocated and Appropriated for payment of necessary expenditures of City Government, In the following amounts And for the purposes 85 here- after set forth; and to that end the ap• proprietions and allocations of funds are hereby authorized to -wit: FUND AMOUNT General Fund S 13,500.00 Street Fund 26,4S3 DO Street Road Use Tax Fund 331,282.D0 Public Safety Fund 3,625.00 Sanitation Fund 38,67500 Sanitation Sewage Rental Fund 28,000.00 Utilities -Water Works General Fund 28,233.00 Utilities -Street Lighting Fund 43,2D0.00 Recreation -Recreation General Fund 81890.00 Rec;eation-Golf Course Fund 61050.00 Recreation -Park Fund 91250.00 Total Appropriations $537,158.00 ACCOUNT DETAILS Increased Fund Description & Purpose Approp. Total GENERAL FUND City Solicitor Ordinance Codification 5 71500.00 Buildln9 Commissioner Office Radio Transmitter 1,000.00 Unclassified River Valley—C.A.P. 5,000.00 TOTAL—GENERAL FUND 13,500.00 STREET FUND Street Construction Landscaping--Sth Street 9,120.00 Signals—Dodge at Bryant 7,600.00 Gars90 Development Coat Lockers -20 500.00 Traffic Sion& and Markines Street Signs 233.00 Urban Renewal Prolect Bus shelters 9100000 TOTAL—STREET FUND 26,453.00 STREET ROAD USE TAX FUND Street Construction Transportation Planning 11200.00 Highway Entrances 4,000.00 Urban Renewal Landscaping—Iowa Street 18,015.00 Landscaping--Sln Street 81510.00 Sidewalks— U. R. Main Street 14,315.00 Iowa Street 1,200.00 Street Construction—U. R. 91h Street 71,540.00 Service Drive -6 -7th 11150.00 51h Street 43,520,00 Traffic Signals—Iowa Street 3,700.00 Street Lighting Iowa Street 15,692 00 Street Construction—Contracts 1969 Hot Mix Program 29,165.00 1969 Bituminous Program 711510.00 1969 Curb & Gutter Program 32,900.00 1968 Curb IL Gutter Program 1,000 00 J.F.K. Storm Sewer 4,295.00 Sidewalk—Kane Street 200.00 S91vrn Drive 9,370.00 TOTAL—STREET ROAD USE TAX FUND s331,282.00 PUBLIC SAFETY FUND Police Department Departmental Evaluatlon 2,500.00 Fire 6 Police Alarm System Call Boxos-51h Street-U.R. 73700 Call Boxes -Iowa Street-U.R. 388, DO TOTAL—PUBLIC SAFETY FUND 3,625.00 SANITATION FUND Health Department 35mm Protector 12000 35mm Camera 80.00 Milk Inspection Tralning—A. Roth Spacial Assessment 3,000.00 J.F.K. Sanitary Sewer 800.00 Municipal Improvements Subdivision Exienslons 7,310.00 Richard Sub-Exienslon 1,1100.00 Victoria Extension 2,300.00 Contracts Storm Sewer—Marywond-Kaufmann 21,000.110 Storm Sewer—Ethyl Street 2,000 00 Storm Sewer--Mwffel IInk S --b 1,065.00 TOTAL—SANITATION FUND 38,675.00 SEWAGE RENTAL FUND TV PIPE Inspection-Eaulpment 2510M 00 Urbrn Renewal—San. Sewers 3 DDD 00 TOTAL—SEWAr.-E DENTAL FUND 28,000.00 UTILITIES—WATER DEPAOTMENT FUND Systems 6 Data Processing 22,620.00 IOWA Street--U,p. 5,613.00 TOTAL—UTILITIES WATER DEPT. FUND 28,233.011 Regular Session, February 2, 1970 UTILITY—STREET & TRAFFIC LIGHTING FUND Street i Traffic LlohtinR Materialand Supplies 1,955.00 Traffic Sl finals Dodge Street Sign 2,430.00 Loras, Grandview -JFK, Pen -6th and Locust 4,340.00 Unassigned Signal 2,680.00 Iowa Street--U.R, 19,990.00 5th Street 11,805.D0 TOTAL—UTILITY--ST. A TRAFFIC LIGHTING FUND 43,200.00 RECREATION—GENERAL FUND Areas and Buildiniss Vets Park -Rip Rap 2,600,00 Flora Barn—Utilities 200,00 Flora Bern—Floor 300.00 Flora Barn—Heating 500.00 Peter Cooper Playground --Bubbler 200,00 Gay St. Playground—Book Stop 500.00 Mun. Pool--Conc^sslon Stand 3,500.00 Various Playground 6 Recreation Equip. 11090.00 TOTAL --RECREATION GENERAL FUND 8,890.00 RECREATION—GOLF COURSE FUND Greens Mower 200.00 Mower Sharpener 650.00 Rebuild Green 11200.00 Extend Wafer Line 2,500.00 Equipment Shed 1,500.00 TOTAL RECREATION GOLF COURSE FUND 6,050.00 RECREATION—PARK FUND Flora Perk --Blacktop Skating Area 8,430.00 Jefferson Park Blnckton 820.00 TOTAL—RECREATION—PARK FUND 91250.00 TOTAL APPROPRIATIONS INCREASE $537,158.00 Passed, adopted and atmroved this 2nd day of February, 1970 Donald R. Meyers MAYOR Welter 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 6th day of February, 1970. Leo F. Frommelt City Clerk. It. 2/6 Councilman Moldenhauer moved final adoption 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. January 20, 1970 To The Honorable Mayor and City Council Gentlemen: Attached hereto is an Ordinance permitting the installation of a canopy on Main Street and Fifteen- th Street side of Behr's Inc., 1491 Main Street. This petition was re- ferred to me in meeting of Council, December 8, 1969. 1 recommend that this Ordinance be adopted. Respectfully yours, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas—Mayor Meyers, Council- 45 men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 5-70 AN ORDINANCE AUTHORIZING BEHR'S INC. 1491 MAIN STREET TO CONSTRUCT CANOPIES OVER THE PUBLIC SIDEWALK, present- ed 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 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. Regular Session, February 2, 1970__ ORDINANCE No. 5.70 AN ORDINANCE AUTHORIZING BEHR'S INC., 1191 MAIN STREET TO CONSTRUCT CANOPIES OVER THE PUBLIC SIDEWALK. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Behr's Inc. be and It Is hereby granted the right and authority to construct and maintain canopies over public lda the building known as 1491 Main Street StreeCity sidetof7the same buon idinghe iflFront side of building canopy 91' wide and line. Fifteenth street side canopy 11,n one foot of 91, wide and 11'0" long to within one foot of curb line. All In accordance with the plans approved by the City Manager. Section 2. That such construction shall be done under the supervision and direc- tion and the CityhManag rngofC themCity not Du- buque -buque and in accordance with all appli• cable State and Federal Laws and regulations and the Ordinances of the City of Dubuque. Section 3. As a further consideration of the rights and privileges herein grant- ed, Behr's Inc.. Its successors and as- signs, assume any and all liability for damagesto persons or property which may result from the construction, ex- istence, or maintenance of said can. opies, Said Applicant, It's successors and assigns, at its own expense, agrees to pay on behalf of the City of Du- buque all sums which the City of Du- buque shall become obligated to pay by reason of the liability imposed on the City of Dubuque for damages of any kind resulting in the construction or maintenance of said canopies, sustain. ed by any person or persons, caused by accident or otherwise, and to de- fend at Its own expense and on behalf of sold City, any claim against said City, arising out of the construction or maintenance of said canopies. section /. Should the rights and Privi- leges herein granted be rescinded or revoked, Behr's Inc., Its successors or assigns shall, within thirty (30) days after receipt of written notice from the City Manager so to do, at Its own ex- pense remove, said canopies and In the event of Its failure so to do the City of Dubuque shall be authorized to re- movesaid canopies at applicant's ex- pense, assess the costs thereof against the premises and destroy the canopies, and neither applicant nor the ownersof the premises shall have any clalm against said City or its agents, for damages resulting from the removal of said canopies. Section S. This Ordinance shall become effective and the rights hereunder shall accrue to Behr's Inc., when this Ordi. nance has been adopted by the City Council and accepted by the Appplicant and the owners of the premises 9 ac- ceptance on this Ordinance. SECTION 6. This Ordinance shall be In full force and effect from and after Its final passage, adoption and publication as by law provided. Introduced the 2nd day of February, 1970. Rule requiring reading on three sep- arate days suspended by unanimous vote the 2nd day of February 1970. Passed, adopted and approved this 2nd day of February 1970. Donald R. Meyers. MAYOR Welter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bluer COUNCILMEN ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE No. 5-70 Behr's Inc., the owner of the premises having full knowledge and understandino of the terms and conditions of Ordinance No. 5.70 hereby accept the same as adopted and agree to comply with all the terms and conditions thereof; and grant unto the City of Duubque all of the privileges and rights In said Ordl. nsncs contained. BEHR'S INC. ay Norbert F. Bel'. AvIlcant Title: President Published oHiclatly in The TelelaraW Herald Newspaper this 13th day o1 Feb- ruary ebruary 1970. Leo F. Rrommclt it. 2n9 City Clerk. 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. Petition of YWCA requesting that "Youth for Government Day 1970" be established for April 13, 14 and 18, 1970, presented and read. Councilman Pregler moved that the petition be approved. See. onded by Councilman Moldenhau- er. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays --None. Petition of YMCA and YWCA requesting that each City depart- ment compose a job description for the benefit of students that are interested in "Youth in Govern- ment Day," presented and read. Councilman Pregler moved that the petition be approved after being informed by the City Manager that the request has been complied with. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Dubuque Association of the Blind requesting permission to conduct a candy sale from door to door during the months of Feb- ruary and March, presented and read. Councilman Pregler moved approval of the petition contingent upon approval of the City Manag- er. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of JacMar Inc. request- ing permission to construct an 8" sanitary sewer in Judson Drive Regular Session, February 2, 1970 47 from Asbury Road 475' south, pre- sented and read. Mayor Meyers moved approval of the petition sub- ject to approval of the City En- gineer. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of William Woodward requesting a deed to "Vacated Prospect Street" which is an area adjacent to Dots 39, 40 and 41 on the west side thereof in Coriells Dubuque, presented and read. 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. Car- ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Attorney Marshall Thomas, rep- resenting W. J. Klauer who is a property owner abutting Prospect Street stated that his client is not opposed to the vacation of the street. Mr. Woodward's property abuts Prospect street to the east and Mr. Klauer's property abuts to the west. Attorney Thomas put the City on notice by stating that Mr. Klauer wants to participate in the purchase of the property. ,OU%>41V*aler moved that Mr. Woodward's petition be referred to the City Manager and staff. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ,January 29, 1970 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a pro- posal to have that portion of Pros- pect Street, lying north of Seventh Street, vacated. The Commission found that Pros- pect Street. extends from Seventh Street, north to the alley, lying between Seventh and Eighth Streets, and then Prospect Street terminates at that point. The Com- mission also found that the street is not being used by abutting prop- erty owners, that there would be no developable property that would be land locked by the vacation of this street and that the street is not improved at the present time. It is the opinion of the Com- mission that there is no present or future public need for this prop- erty for either, right-of-way or other purposes. It is the recommendation of the Planning and Zoning Commission that the street be vacated and that the property be made available for sale. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson, City Planner Councilman Pregler moved ap- proval of the recommendation and that same be referred to the City Attorney for proper proceedings. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden• hauer, Pregler. Nays—None. Petition of Gemini Inc, request- ing permission to conduct a side- walk Uptown Art Fair bounded by E. 21st on the north, E. 18th to the south, East to White Street at 20th, with Central Avenue as a boundary to the west, over the weekend of May 2nd, 1970, present- ed and read. Mayor Meyers moved approval of the petition subject to approval of the City Manager. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. Petition of Spanish American War Auxiliary requesting permis. sion to conduct a carnation Drive on April 24th and 25th 1970, pre- sented and read. Councilman Bitter moved approval of the petition sub- ject to approval of the City Manag- er. Seconded by Mayor Meyers. Carried by the following vote: Yeas --- Mayor Meyers, Council- Regular Session, February 2, 1970 men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. Petition of Loras College Social Life Committee requesting permis- sion to conduct a parade prior to the Loras University of Dubuque basketball game on February 3, 1970, presented and read. Council- man Pregler moved approval of the petition subject to approval of the City Manager. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 25.70 WHEREAS, Retirement Invest- ment Corporation has executed an Assignment of Easement wherein it sells, transfers and assigns to the City of Dubuque, Iowa all of its right, title and interest in and to one certain Grant of Easement dated May 23, 1969 and filed for record June 4, 1969 in Book 63, page 129 of the records of the Re- corder of Dubuque County, Iowa, said Grant of Easement running from Antel, Inc., a corporation, as Grantor, to Retirement Investment Corporation, as Grantee: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Assignment of Easement executed by Retire - In e n t Investment Corporation wherein it sells, assigns and trans- fers to the City of Dubuque, Iowa all its right, title and interest in and to one certain Grant of Ease- ment dated May 23, 1969, and filed for record June 4, 1969 in Book 63, page 129 of the records of the Re. corder of Dubuque County, Iowa, said Grant of Easement running from Antel, Inc., a corporation, as Grantor, to Retirement Investment Corporation, as Grantee be and the same is hereby accepted. Passed, approved and adopted this 2nd day of February 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, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. ASSIGNMENT OF EASEMENT FOR VALUE RECEIVED, the un- dersigned Retirement Investment Corporation, hereby, sells, assigns and transfers to the City of Dubu- que, Iowa, a municipal corporation, all of its right, title and interest in and to that certain Grant of Ease- ment dated May 23, 1969 and filed for record June 4, 1969 in Book 63, page 129 of the records of the Re- corder of Dubuque County, Iowa, said Grant of Easement running from Antel, Inc., a corporation, as Grantor to Retirement Investment Corporation, as Grantee. RETIREMENT INVESTMENT CORPORATION Frank 11. Bertsch Its President; and Elizabeth Stangl Secretary STATE OF IOWA :ss DUBUQUE COUNTY On this 13th day of January, 1971, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Frank H. Bertsch and Elizabeth Stengl, to me personally known, who, being by me duly scorn, did say that they are the President and Secretary respective- ly, of Retirement Investment Corp- oration, that no seal has been pro- cured by the said corporation; that said instrument was signed on be- half of said corporation by author- ity of its Board of Directors; and that the said Frank H. Bertsch and Elizabeth Stangl as such officers acknowledged the execution of said instrument to be the volun- tary act and deed of said corpora- tion, by it and by them voluntarily executed. Donald R. Breitbach Notary Public of Iowa, in and for Dubuque County. My commission expires July 4, 1972. Regular Session, February 2, 1970 49 December 31, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a final plat described as Lot 1, 2, 3, and 4 of Block 3 and Lot 1, 2, 3, and 4 of Block 4 and Lot A of Block 3, all in Thomas Farm Addition in the City of Dubuque, Iowa. It is the opinion of the Commis- sion that this is an appropriate de- sign for the area and that it meets the minimum requirements of the Subdivision Regulations. It is the recommendation of the Planning Commission that this plat be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner 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. RESOLUTION NO. 26.70 RESOLUTION APPROVING THE PLAT OF BLOCK 3 and BLOCK 4 IN "THOMAS FARM ADDITION" IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 3 and Block 4 in "Thomas Farm Addition" in the City of Dubuque, Iowa, by Richard C. Henschel and Mildred L. Henschel; and WHEREAS, upon said plat ap- pear streets to be known as Valen- tine Drive, together with certain public utility easements which the Owners by said plat have dedicat- ed to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its ap- proval 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, except 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 dedication of Valentine Drive together with the easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Section 2. That the plat of Block 3 and Block 4 in "Thomas Farm Addition" 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 upon said plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Valen- tine Drive with bituminous con- crete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and wa- ter service laterals in accordance with plans submitted with the plat; 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 Engine- er and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications approved by .the City Manager, under the inspection 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 ac- ceptance by the City of Dubuque, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Subdivider, Richard C. Henschel and Mildred L. Henschel, as owner; Regular Session, February 2, 1970 i. To construct said improve- ments, except sidewalks, prior to January 12, 1972, and to construct the sidewalks prior to January 12, 1974; and further provided that said Richard C. Henschel and Mildred L. Henschel, as owner of said sub- division, secure the performance of the foregoing conditions by pro- viding security in such form and with such sureties as may be ac- ceptable to the City Manager. Section 3. That in the event Richard C. Henschel and Mildred L. Henschel, shall fail to execute the acceptance and furnish the se- curity provided for in Section 2 hereof within 45 days after the date of this Resolution, the pro- visions hereof shall be null and void and the acceptance of the ded- ication and approval of the plat shall not be effective. PASSED, ADOPTED AND AP- PROVED by unanimous recorded roll call this 2nd day of February, A.D., 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Walter A. Pregler Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt. City Clerk ACCEPTANCE OF RESOLUTION NO. 26.70 We, the undersigned Richard C. Henschel and Mildred L. Henschel, having read the terms and condi- tions of the foregoing Resolution No. 26-70 and being familiar with the conditions thereof, hereby ac- cept the same and agree to perforin the conditions required therein. Dated at Dubuque, Iowa, this 11th day of February, 1970. /s/ Mildred L. Henschel TO: /s/ Richard C. Henschel LEO F. FROMMELT CITY CLERK. This is to certify that the secur. ity provided by the foregoing RES- OLUTION NO. 26.70 has been furn. ished by the owners. Dated at Dubuque, Iowa, this 24th day of February, 1970. /s/ Gilbert D. Chavenelle City Manager 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, Molden• hatter, Pregler. Nays—None. Application of RET CORPORA. TION for annexation of Lot 1 of NEN of NW14, Lot I of SEY4 of NWN. Lot 1 of NEI/4 of SWu4, all in Section 28, Twp. 89 North Range 2 East of 5th PAl. consist- ing of 65.108 acres, presented and read. Councilman Pregler moved approval of the application. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden. hatter, Pregler. Nays—None. January 29, 1970 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed an ap- plication for voluntary annexation of property described as Lot 1 of the NEI/4 of NWI/4, Lot l of SEI/4 of NW'/4, Lot 1 of NEV4 of SW1/4. all in Section 28. Township 89, North, Range 2, East of the 5th P.M. This property is located di- rectly south of Hempstead High School and lies adjacent to Penn- sylvania Avenue. The Commission found that this property is contiguous with the present city limits, that it is pos- sible to extend public facilities to this area in the relatively near fu- ture, and the general plan for the city envisions that this µmould be a part of the municipal corpora- tion It is the recommendation of the Planning and Zoning Commission that the application for voluntary annexation be approved. Respectfully submitted, Don Gilrr)n City Planner Councilman Pregler moved to concur in the Commission's recom- mendation. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Attorney Carl V. Riley, repre- Regular Session, February 2, 1970 senting RET Corporation intro- duced Mr. Robert E. Ostrander, President and Thomas S. Honsa, Secretary of the corporation head - quartering at Moline, Illinois. RET Corporation intends to construct from one hundred thirty to one hundred fifty, one, two and three room apartments, containing from seven hundred to thirteen hundred and fifty square feet. RESOLUTION NO. 27.70 WHEREAS, the owners of an area approximately 65.108 acres in size immediately adjoining the southerly City Limits of the City of Dubuque, Iowa have petitioned the City Council to be voluntarily annexed to the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of City Gov - fire protection if said territory is incorporated within the City Lim- its of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services if said territory is incor- porated within the City Limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30, 1966 Code of Iowa, authorizes the ex- tension 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: SECTION 1. 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 teal estate: Lot 1 of NE'/4 of NWr14, Lot I of SEI/4, of NWY4, Lot 1 of NEY4 of SWI/4, all in Section 28, Township 89 North, Range 2, East of the 5th P.M. in Dubuque County, Iowa according to the recorded plat thereof, attached hereto and by reference made a part hereof the boundaries of said area being out- lined in red thereon. Section 2. That the City Clerk be and he is hereby authorized and directed M record a certified copy of this resolution together with the plat attached thereto in the of- fice ffice of the recorder in and for Du. buque County, Iowa. Section 3. That said territory be and the same shall be in and be. come part of the seventeenth vot- ing precinct of Dubuque, Iowa• Passed, approved and rdopted this 2nd day of February, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph H. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer 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. Petition of RET Corporation re- questing rezoning of Lot 1 of NEr/4 NWY4, Lot 1 SE'/4 NWY4, Lot 1 of NE'/4 SW'/4 Sec. 28, T. 89 N.R. 2 E to Multiple Residence District Clas- sification, presented and read. Councilman Moldenhauer moved that the petition be referred to the City Solicitor for proper proceed- ings. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. January 80, 1970 To the Honorable Mayor and City Council Subject: Low -Rent Housing Agency 1) Resolution, Advisory Board of Project Concern, January 14, 1970. 2) Letter, Dubuque Council of Churches, January 15, 1970. 3) Proposed Council Resolution, Low -Rent Housing Agency Gentlemen: This letter is intended to provide some information which may assist you at your Monday evening meet- 50 Regular Session, February 2, 1970 i. To construct said improve. ments, except sidewalks, prior to January 12, 1972, and to construct the sidewalks prior to January 12, 1974; and further provided that said Richard C. Henschel and Mildred L. Henschel, as owner of said sub- division, secure the performance of the foregoing conditions by pro. viding security in such form and with such sureties as may be ac- ceptable to the City Manager. Section 3. That in the event Richard C. Henschel and Mildred L. Henschel, shall fail to execute the acceptance and furnish the se- curity provided for in Section 2 hereof within 45 days after the date of this Resolution, the pro- visions hereof shall be null and void and the acceptance of the ded- ication and approval of the plat shall not be effective. PASSED, ADOPTED AND AP- PROVED by unanimous recorded roll call this 2nd day of February, A.D., 1970. Donald R, Meyers Mayor Wayne A. Moldenhauer Walter A. Pregler Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 26-70 We, the undersigned Richard C. Henschel and Mildred L. Henschel, having read the terms and condi- tions of the foregoing Resolution No. 26-70 and being familiar with the conditions thereof, hereby ac- cept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 11th day of February, 1970. /s/ Mildred L. Henschel /s/ Richard C. Henschel TO: LEO F. FROMMELT CITY CLERK. This is to certify that the secur- ity provided by the foregoing RES- OLUTION NO. 26.70 has been furn- ished by the owners. Dated at Dubuque, Iowa, this 24th day of February, 1970. is/ Gilbert D. Chavenelle City Manager 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, Molden- hauer, Pregler. Nays—None. Application of RET CORPORA- TION for annexation of Lot 1 of NE'/4 of NWN, Lot 1 of SF.'/4 of NWN. Lot 1 of NEu4 of SWI/4, all in Section 28, Twp. 89 North Range 2 East of 5th P.M. consist- ing of 65.108 acres, presented and read. Councilman Pregler moved approval of the application. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. January 29, 1970 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed an ap- plication for voluntary annexation of property described as Lot 1 of the NEY4 of NW1/4, Lot 1 of SEr/4 of NWY4, Lot 1 of NEIA of SWu4, all in Section 28, Township 89, North, Range 2, East of the 5th P.M. This property is located di- rectly south of Hempstead High School and lies adjacent to Penn- sylvania Avenue. The Commission found that this property is contiguous with the present city limits, that it is pos- sible to extend public facilities to this area in the relatively near fu- ture, and the general plan for the city envisions that this would be a part of the municipal corpora- tion It is the recommendation of the Planning and Zoning Commission that the application for voluntary annexation be approved. Respectfully submitted, Don Gilwtion City Planner Councilman Pregler moved to concur in the Commission's recom- mendation. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Attorney Carl V. Riley, rrpre- Regular Session, February 2, 1970 51 senting RET Corporation intro- duced Mr. Robert E. Ostrander. President and Thomas S. Honsa, Secretary of the corporation head - quartering at Moline. Illinois. RET Corporation intends to construct from one hundred thirty to one hundred fifty, one, two and three room apartments, containing from seven hundred to thirteen hundred and fifty square feet. RESOLUTION NO. 27.70 WHEREAS, the owners of an area approximately 65.108 acres in size immediately adjoining the southerly City Limits of the City of Dubuque, Iowa have petitioned the City Council to be voluntarily annexed to the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of City Gov - fire protection if said territory is incorporated within the City Lim- its of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services if said territory is incor- porated within the City Limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30, 1966 Code of Iowa, authorizes the ex- tension 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: SECTION 1. That the territorial limits of the City of Dubuque, low&, be and they are hereby ex- tended to include the area com- prising the following described real estate: Lot 1 of NEY4 of NW1/4, Lot 1 of SEI/4, of NW1/4, Lot 1 of NEY4 of SW'/4, all in Section 28, Township 89 North, Range 2, East of the 5th P.M. in Dubuque County, Iowa according to the recorded plat thereof, attached hereto and by reference made a part hereof the boundaries of said area being nut - lined in red thereon. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution together with the plat attached thereto in the of- fice of the recorder in and for Du. buque County, Iowa. Section 3. That said territory be and the same shall be in and be- come part of the seventeenth vot. ing precinct of Dubuque, Iawa• Passed, approved and 4dopted this 2nd day of February, 1970. Donald R Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph H. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer 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. Petition of RET Corporation re- questing retuning of Lot 1 of NEIA NWY4, Lot 1 SE'/4 NWY4, Lot 1 of NEI/4 SW'/4 Sec. 28, T. 89 N.A. 2 E to Multiple Residence District Clas- sification, presented and read. Councilman Moldenhauer moved that the petition be referred to the City Solicitor for proper proceed- ings. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. January 30, 1970 To the Honorable Mayor and City Council Subject: Low -Rent Housing Agency 1) Resolution, Advisory Board of Project Concern, January 14, 1970. 2) Letter, Dubuque Council of Churches, January 15, 1970. 3) Proposed Council Resolution, Low -Rent Housing Agency. Gentlemen: This letter is intended to provide some information which may assist you at your Monday evening meet- Regular Session, February 2, 1970 February 2nd. In addition, Mr. Robert B. Hackner, Architect, and lrlr Joseph Becker, Attorney and member of the La Crosse Housing Commission, will attend and de- scribe for you the I.a Crosse or- ganization and operation. I. BACKGROUND INFORMATION A. Recommendations m a d e t o Council 1) Project Concern This recommendation concerns only housing for the elderly. It is suggested that the work of a city agency would include: gath- ering knowledge of types of housing programs, make applica- tions for federal assistance, and assist local groups. The Advisory Board of Project Concern sug- gests that it will assist a muni. cipal housing agency, will act as a channel of communication with the elderly and furnish office space and phone. The informa- tion submitted stressed that Du- buque is the only city in Iowa which has not acted officially in the housing field and that public low -rent housing for the elderly can be constructed by the city without vote of the people. 2) Council of Churches This letter recommends three functions of a City Housing Agency. It would be a resource agency for city council, a re- source center for entire com- munity and operation center for housing programs. B. Proposed Resolution Establish. Ing a Low -Rent Housing Agency. As I interpret the proposed the proposed resolution, it indi- cates the council as the "Local Low -Rent Housing Agency" and established a Board of Commis- sioners to assist the. council. C. The Iowa State Code: (Section 403A) and 1969 Amendment Any municipality, town or county in the state can establish a low -rent housing agency. Any tenant of such agency is limited to those whose gross income does not exceed $3,600 plus $100 per dependent. This restriction includes housing for the elderly. Each public housing project must be approved by 50 percent of the voters, voting at an elec- tion. Except, the use of dwell- ing units in existing structures to be leased from private owners and low -rent housing for the el- derly (age 62 and over) and handicapped. Further, the 1969 amendment provides that no housing project shall be approved, except leased structures, unless as a condition, at least 10 percent of all rents and supplemental rental aid shall be paid annually to the county treasurer. It should be noted that in ad- dition to elderly housing, leased housing in existing buildings is not subject to a vote of the peo- ple, and that the in lieu pay. ment of taxes is being question- ed by federal authority and has, in fact, stepped all new low -rent housing projects in the state. D. The Operation of Low -Rent Pub. lic Housing All of the comments made in this section are subject to two major constraints, lack of fed- eral funds and the conflict be- tween federal regulation and state law. 1) Housing Elderly and Handi• capped The first step is to file an application with HUD stating the number of units proposed and requesting a reservation of funds. I understand that this is a simple application and the re- commended number of units is not less than 125. The city is then inspected by representtives of HUD to deter- mine need and kind. If approved by HUD, the next step is the Program Develop- ment Phase. Program funds are reserved and temporary loan of $400 per dwelling is wade to the local agency. Of this money $5.50 per unit per month can be spent for administrative salaries. The balance can be spent for operations, investigation, site se- lection and design up to schem- atic drawings and preliminary estimates. The preliminary plan and esti- mates are reviewed by HUD and if approved, detailed plans and specifications are made and bid. It appears that no local seed money is necessary to start the program. There are no federal funds available this fiscal year. Charles City has had an approv- ed, but stalled, project applica- Regular Session, February 2, 1970 53 tion on file since ,January 1969. Excellent Iowa sources of in- formation are Maurice Schrup, City Attorney of lowa Cite and Del Tepaske, Housing Authority, Sioux Center. 2) Conventional Low -Rent Public Housing with Referendum It is indicated that there are funds available for this type of project, but all is stalled until federal and state regulations are reconciled. 3) Section 23, Leased Housing No funds are ava lable until June 30, 1970. There is a large backlog of applications for the next year. For example, Des Moines has an application for 500 units. W'aterlco and Fort Dodge, who are under pressure to supply housing. have been unable to secure funding. This program of leased housing, how- ever, has tremendous possibility when linked with the idea of private development using low cost prefabricated houses. 4) Private - Non Profit Projects, FHA 236 This program does not fall un- der the state code regulating local low -rent housing, then no vote is required and the federal_ state legal conflict does not ap- ply. It provides the possibility of providing moderate income housing. mans can be made on a sliding scale to as low as 1 percent interest. 5) In General For any type of project, the cost of land is critical. Land cost must be modest for any program approval or funding. II. GOALS AND OBJECTIVES It would appear that the im- mediate goal is to establish a "Low -Rent Housing Agency" whose function is to provide de- cent housing for low income people. Judging from the recom- mendation letters, from comment at the joint Council -Project Con- cern meeting, and the variety of federal assistance programs, it seems that the immediate ob- jective is to establish a full blown "Housing Assistance Cen- ter" to provide information, in- spiration and operation for just about every type of housing en- terprise property or arrange- ment, public or private or both, non-profit or profit motivated, and to include both low and moderate income groups. Another goal would be "to start" and the measurement cri- teria of this goal would be a ground breaking within two years of an elderly housing pro- ject or the first lease of a leas- ing project. III. C U R R E N T ACTIVITIES -IN. TERACTION OF HOUSING PRO- GRAM WITH OTHER CITY PRO- GRAMS. It is rumored that private mod- erate income housing projects are being planned, and that non- profit elderly moderate income projects are being promoted. It is understood that River Valley CAP has made application for a plan to construct an inventory system of elderly people, their needs and conditions. It is cer- tain that housing is interconnect- ed with city administrative re- organization, the urban renewal program, the proposed North- South Expressway, bridges over the Mississippi River, human relations and building code re- vision. Further, the "critical path" time sequence of housing involves each of the other pro- grams and it should be so sched- uled. If a "start" was "now" the system schedule could extend five or more years. IV. CONSTRICTIONS AND COW STRAINTS The establishment of a Low - Rent housing Agency involves the following constraints which seem to dictate the kind of action to be taken: A. The constraint of law, both federal and state code. B. The constraint of federal as- sistance funds. C. The constraint Dubuque muni- cipal funds including the statu- tory 30 mill tax limit. D. The constraint of time'I E. The constraint of available staff. V. ALTERNATIVE COURSES OF ACTION The following are action pus- sibilities: A. Establish an Agency with an executive director and staff. B. Establish an Agency on a "get start" basis with the following alternatives: 54 Regular Session, February 2, 1970 1) Hire a consultant to service agency. 2) Hire a consultant to make ap- plication to HUD for reservation of federal funds using city staff members to support the agency and gather data. 3) Use, on a part time basis, members of the planning staff to support the agency and sub- mit the application for federal funds. A budget for such a situa- tion might be: Salary ('/x year) $5,500 Operating Expense Travel 100 Printing 50 Material and Supplies 50 200 $5,700 4) Use the Urban Renewal staff to support the agency and sub- mit the application for federal funds. 5) Same combination of action lines No. 3 and No. 4. C. Establish a department of Community Development to in- clude an urban renewal division, planning division, housing di- vision, code enforcement divi- sion, and relocation and social service division. D. Leave Housing Programs to pri- vate groups. Vi. SELECTED COURSE OF ACTION From the above data, it appears that the best actior, course is to establish a low -rent housing agency on a get start basis using urban renewal staff to submit an application for federal funds and either urban renewal or Planning staff people to support the agency in a limited way. This course of action is the best course because: 1. We should start now in order to be in line for federal assist- ance when available, and to pre- pare for meshing with other pro- grams such as the North-South Freeway. 2. Start now because there is an unmet need for low -rent reloca. tion housing. This need will in. crease over the coming years. 3. Start on a limited staff basis because this is all we can afford to do and because the cost of ad- ministering housing programs can be funded by federal assist. ance. 4. Establish a Board of Commis- sioners rather than a Department of Community Development be- cause the latter will take a year or more to develop, and further a Board of Commissioners would become a supporting element of a department when it is estab- lished. 5. Establish a Board of Commis- sioners as a municipal agency which in the future can stimulate housing activity by private groups. VII. RECOMMENDATION I request that you favorably consider the proposed resolution to establish a low -rent housing authority. In making this recommenda- tion it should be understood that the action will be limited and that present public expectation will not be fulfilled for con- siderable time due largely to municipal, state and federal diffi- culties. I underscore this idea as a part of the recommendation so that there will be public under- standing that all the worthy re- commendations of the Advisory Board of Project Concern and the Social Action Commission of the Dubuque Council of Churches will not be accomplished im- mediately, and will not be ac- complished by the single event of establishing a Low -Rent Hous- ing Agency and appointing a Board of Commissioners. Respectfully, Gilbert D. Chavenelle City Manager 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- hauer, Pregler. Nays—None. Mr. Robert Hackner, Architect, and Mr. Joseph Becker of the La- Crosse Wisconsin Housing Agency addressed the Council relative to low rent housing in the City of La- Crosse. At the present time they have 300 units under operation of which 190 units are for the elderly Regular Session, February 2, 1970 55 and 110 units for low income class citizens. The City is paid 10% of the Housing budget in lieu of taxes which is approximately $10,000 per year. Their present payroll is ap- proximately $50,000 per year. They anticipate 700 units within 10 years. They are not allowed to charge more than 22% of income to the people they rent to. The Authority in LaCrosse sets the rent, which is $35.00 per month mini- mum and $70.00 per month maxi- mum. The LaCrosse City Council approves all new projects, also locations, and workable programs. Their money comes mainly from rents. Resolutions No. 28-70 Establish- ing a Low -Rent Housing Agency for the City of Dubuque, Iowa, and Establishing a Board of Commis- sioners as wcll as the terms, duties, powers and Authority of said Com- missioners, presented and read. Councilman Pregler moved that the resolution be referred to the City Solicitor for investigation and re- commendation. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 29-70 WHEREAS, the William S. Shep- pley Foundation has given a fully equipped ambulance to the City of Dubuque Ambulance Department in the interest of improving the safety of the citizens of Dubuque. NOW THEREFORE BE IT RE- SOLVED THAT the City Council of the City of Dubuque in behalf of the citizens of Dubuque formally expresses its sincere appreciation to the William S. Sheppley Founda- tion for its public spirited attitude, for its philanthropic, humanitarian and unstinting effort and for its willingness to go beyond the de. mands of taxation to contribute tc the public good of the entire coin munity. The Council is confident that this gift will serve as an example 01 civic spirit to be emulated by otherf in charity to their fellow men anc hope for all mankind. Passed and adopted this 2nd da3 Of February, 1970, Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommel+. 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. 30.70 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having compiled 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. Thomas Andresen, 1080 University Avenue Thompson's Food Markets, Inc., 805 West 5th Street Thompson's Food Markets, Inc. (Transfer from 3200 Jackson St.), 51 West 32nd Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 2nd day of February, 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 Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 91.70 WHEREAS, applications for Beer Permits have been submitted to 56 Regular Session, February 2, 1970 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 Joyce A. Kirchberg, 3165 Central Avenue CLASS "C" BEER PERMIT John J. Heiderscheit, 1278 Central Avenue National Tea Company, 1313 Dodge Street The Great Atlantic & Pacific Tea Co., Inc., 2685 Dodge Street Thompson's Food Markets, Inc., 51 West 32nd Street Thompson's Food Markets, Inc., 805 West 5th Street Passed, adopted and approved this 2nd day of February, 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 Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Bitter. Nays—None. RESOLUTION NO. 32-70 WHEREAS, applications for Beer Bermits 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 Thomas Andresen, 1080 University Avenue Joyce A. Kirchberg, 3165 Central Avenue CLASS "C" BEER PERMIT John J. Heiderscheit, 1278 Central Avenue National Tea Company, 1313 Dodge Street The Great Atlantic & Pacific Tea Co., Inc., 2685 Dodge Street Thompson's Food Markets, Inc., 51 West 32nd Street Thompson's Food Markets, Inc., 805 West 5th 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 2nd day of February, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Mt.yers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 33-70 WHEREAS, applications f or Liquor Permits have been sub- mitted 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 John R. Hirsch, 206 West 3rd Street Thomas Andresen, 1080 University Avenue Joyce A. Kirchberg, 3165 Central Avenue Passed, adopted and approved Regular Session, February 2, 1970 57 this 2nd day of February, 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 Pregler. Carried by the following vote: yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 3470 WHEREAS, applications f or 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 ordin- ances 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 ap- plicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT John R. Hirsch, 206 West 3rd Street Thomas Andresen, 1080 University Avenue Joyce A. Kirchberg, 3165 Central Avenue Passed, adopted and approved this 2nd day of February, 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 Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Mayor Meyers submitted the names of Paul Gish and Gerald Sjo- bakken for re -appointment to the Human Rights Commission for three year terms beginning Janu- ary 1, 1970. Councilman Couchman moved approval of the persons sub- mitted. 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 Bitter moved to ad- journ. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays --None. Leo F. Frommelt City Clerk. Approved .........`....Uri9 .. t 1970 Adopted .........,JUnE 1..v...1970 ttest..................... ...... City Clerk 58 Special Session, February 16, 1970 CITY COUNCIL OFFICIAL Special Session, February 16, 1970. 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 and this meeting is called to authorize the Mayor and Clerk to Execute Supplement No. 3 to Right to Entry to Include a Right of Way last Revised January 27, 1970 on the Flood Wall Project, and acting upon such other bus- iness as may properly come before a regular meeting of the City Coun- cil. Communication of Sister Mary Angelica OSF objecting to the use of available funds for a clock tower rather than using the money to finance "Crossroads" for the bene. fit of our youth, presented and read. 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, Pregler. Nays—None. Communication of Herbert Meyer of; 391 Mountain Lane objecting to the rough condition of the street and requesting that same be put on the Street program for this year and further requesting that the street be widened, presented and read. Councilman Pregler moved that the communication be referred to the Engineering Department 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. Communication of James Badley of 235 Devon Drive objecting to the complacency shown on the part of the City relative to a storm sewer back-up at his home on June 25, 1969, being fearful that it may happen again if the cause of the trouble is not corrected, presented and read. Mayor Meyers moved that the communication be referred to the Engineering Department for investigation and report. Seconded by Councilman Moldenhauer. Car. ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Communication of Dubuque County Municipal League express- ing appreciation of the County Engineer at their January meeting and requesting payment of the 1970 dues in the amount of $10.00, pre- sented and read. Councilman Preg- ler moved that the communication be received and filed and the Man- ager authorized to pay the dues in the amount of $10.00. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. February 4, 1970 To the Honorable Mayor and City Council Gentlemen: I request your permission to at, tend a Management Development Workshop at the University of Iowa, March 22-27. The program has been developed and administered by the Industrial Relations Center, University of Chicago. The International City Management Association, in con- junction with the Industrial Rela- tions Center, is making this train- ing available to local government officers. Respectfully, Gilbert D. Chavenelle City Manager Councilman Couchman moved approval of the request. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. February 11, 1970 To the Honorable Mayor and City Council, Gentlemen: This is to advise that 1 have 8P - proved the following policies and desire to have your approval on same. Special Session, February 16, 1970 59 COMPREHENSIVE LIABILITY Black & White, Yellow & Checker Cab Co., Inc., Aetna Life & Casu- alty Dubuque Plumbing & Heating Co., A Division of Geiger & Co., Bi- tuminous Casualty Corp. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the policies be filed subject to ap- proval of the City Solicitor. Second- ed by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. February 12, 1970 To the Honorable Mayor and City Council Gentlemen: A building permit has been re- quested for the erection of a cap wash at 1875 Kennedy Road. I am enclosing a letter from Mr. Bandy which indicates that the plans have been aproved by the City Staff. I request that you affirm the issuing of the building permit. Respectfully requested, Gilbert D. Chavenelle City Manager Mayor Meyers moved approval of the request. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Printed Council proceedings for the months of August, September, and October 1969, presented for approval. Mayor Meyers moved that the Council proceedings be approved as printed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- man Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Notice of Suit of the Rainbo Oil Company, in the amount of $189,- 762.93 as the result of a fire which consumed their buildings and con. tents at South Main Street on February 8, 1969, claiming negli- gence on the part, of the City due to a faulty water hydrant, pre. sented and read. Mayor Meyers moved that the notice of suit 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. Notice of David L. Hammer, at- torney, advising that his law firm has been retained by the Hartford Insurance Co., in the case of the Rainbo Oil Company fire, but due to a possible excess judgment it is the City's privilege to have the City Attorney, or hire such other Attorney to cooperate with their firm, presented and read. Mayor Meyers moved that the communi- cation be referred to the City At- torney. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- man Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Notice of Claim of Mrs. Alma Ball, in an undetermined amount, for personal injuries received in a fall on an icy sidewalk at 2100 Kniest Street on January 25, 1970, presented and read. Mayor Mey- ers moved that the notice of claim be referred to the City Attorney for investigation and repart. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- inen Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Notice of Claim of Mrs. Luise Huebner, in an undetermined amount, for personal injuries re- ceived in a fall on an icy sidewalk at 9th street between Main and Iowa on January 26, 1970, pre. sented and read. Mayor Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded 1 y Councilman Couchman. Car. ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. 80 Special Session, February 16, 1970 ORDINANCE NO. 6.70 AN ORDINANCE AMENDING AND CHANGING ORDI- NANCE NO. 3.34 KNOWN AS THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, SO AS TO CHANGE LOT 1 OF 1, Lot 2 of 2, Lot 2 of 1 of 1 of 2 of Byrnes Sub- division, Lot 2 of 1 of Lots 24 and 25 in Bonson Stewart's Subdivision, Lots 1, 2, 3, 4, and 5 of Byrnes Sub. No. 2, Lot 1 of 1 of 2 of Byrnes Sub. from Multiple Residence Dis- trict Classification to Local Business B District Classifica- tion, presented and read. Mayor 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 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 Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Mayor Meyers moved that a pub- lic hearing be held on the Ordi- nance on March 23, 1970, at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall P.-nd that the Clerk be instructed to publish no- tice of same in the manner re- quired by law. Sec,)nded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden• hauer, Pregler. Nays — None. Petition of Tower Investment Co. requesting permission to connect to city water located on Rockdale Road at the south city limits, tc service a mobile home p:,rk pro posed to be built on a 115 acre tract, with no objection to annex ation, presented and read. Mayor Meyers moved t'iat thi petition be referre;l to the Man ager and Staff for investigatioi and report. Seconded by Council. nan Couchman. Carried by the 'ollowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. haucr, Pregler. Nays — None. Petition of Muscular Dystrophy Associations of America request- ing permission to have "Shamrocks for Dystrophy" days on March 16th and 17th in the Downtown Area, presented and read. Mayor Meyers moved that the petition be granted subject to approval of the City Manager. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of the Easter Seal So- ciety of Iowa Inc. for Crippled Children and Adults requesting permission to sell Faster Lillies on March 13th and 14th in Downtown area and also in the West Dubuque area, presented and read. Council- man Couchman moved that the petition be approved subject to ap- proval of the City Manager. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Resurrection Mens Service Club requesting a joint meeting of the Council, Recreation C o m m i s s i o n and Resurrection Mens Service Club to try to arrive at a solution to allow the holding of their third annual softball tour. nament at Riverfront fields in June, presented and read. Council- man Pregler moved that the peti- tion be received and filed and the Mayor and City Manager set a date for a meeting with the various groups concerned. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Pregler. Nays — None. Not Voting — Councilman Mol- denhauer. Petition of Washington Street Neighborhood Council requesting the City Council to use every pos- Special Session, February 16, 1970 61 sible means to have the recent re- zoning ruling reversed as ruled upon by the District Court, pre- sented and read. Mayor Meyers moved that the petition be receiv- ed and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyer,;. Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 35.70 Accepting Delivery of Deeds for the Downtown Urban Re- newal Project, Iowa R•15. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en. tered into a Loan and Captital Grant Contract for the undertak. ing of the Downtown Urban Re- newal Project, Iowa 11-15: and WHEREAS, the City of Dubuque pursuant to authorization and di- rection of said Loan and Capital Grant Contract, has acquired for the public purpose of implement- ing and facilitating the Downtown Urban Renewal Project, Iowa R-15, certain parcels of real estate by purchase; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That delivery of deeds to the City of Dubuque for the following described parcel of real estate in the Downtown Urban Rk newal Project, Iowa R-15, is here- by ratified and accepted by the City of Dubuque. Grantor — John A. Nagle. Deed dated January 30, 1970. Recorded in Book 201, Page 176. Property Description — The South 44 feet of I.ot 21 in the Town, now City, of Dubuque, Iowa, according to the United States Commissioners' Plat thereof. (Par- cel 8-8). Section 2. That the recording of the respective deeds of conveyance of title in the office of the Record- er in and for Dubuque County, Iowa, is hereby ratified. Section 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Re solution in the Office of the Re corder in and for Dubuque County Iowa. Passed, approved, and adopted this 16th day of February, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenha,icr Gaylord Al. Couchman 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, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 36.70 Resolution accepting delivery of Grant of Easement for Flood Protection Works. WHEREAS, THRUPUT TERM- INALS has executed and delivered to City of Dubuque, Towa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: Parcels of land lying north and east of Seventh Street Harbor in the City of Du. buque, Iowa, being a part of the area known as Thruput Terminal Lease, which parcel is outlined in red and cross. hatched on the Plat attached hereto, marked Exhibit "A" and by this reference made a part hereof. in connection with City of Du- buque Flood Control Plan. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by THRUPUT TERM- INALS dated the day of 1970, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. 92 Special Session, February 16, 1970 Passed, adopted and approved this 16th day of February, 1970. Donald R. Meyers Mayor Gaylord Couchman Joseph Bitter Wayne A. Moidenhauer Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers muved adaption of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- man Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 37.70 WHEREAS, the United States Army Corps of Engineers have re- quested an additional right-of-way for floodwall on the riverside of t h e Floodwall Project which change in alignment shall be be- tween Stations 88+04.65 a n d 89+77.6; and between Stations 85+97 and Station 86+33 and, WHEREAS, it would serve the best public interest that the City of Dubuque, Iowa grant unto the United States of America a "Right - of -Entry" to accomodate the addi- tional right-of-way required for fioodwall on the riverside of the Dubuque Floodwall Protection Pro- ject. NOW THEREFORE BE IT RE- SOLVED 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 exe- cute Supplemnt No. 3 to Right -of - Entry for and on behalf of the City of Dubuque, Iowa to include a right-of-way as shown on Draw- ing No. 12 -FG -5 last revised Jan- uary 27, 1970. Section 2. That the City Fngin- eer be and he is hereby authorized and directed to transmit the exe- cuted Supplemnt No. 3 to Right - of -Entry together with accompany ing documents to the Department of the Army, Rock Island District, Corps of Engineers, Clock Tower Building, Rock Island, Illinois 61201. Passed, approved and adopted this 16th day of February, 11070 Donald R. Meyers Mayor Walter A. Pregler Wayne A. Molderhauer 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 Meyer.;, Council- men Bitter, Couchman, 9tolden- hauer, Pregler. Nays — None. RESOLUTION NO. 38-70 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 Duhuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. John E. Noel 2400 Central Avenue BE IT FURTHER RESOLVED that, the bonds filed with the ap- plication be approved. Passed, adopted and approved this 16th day of February, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Molderhauer 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. Council- men Bitter, Couchman, Molder- hauer, Pregler. Nays — None. RESOLUTION NO. 39-70 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, Special Session. February 16, 1970 63 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 Roger D. Williams 1027 Rhomberg Avenue Passed, adopted and approved this 16th day of February, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Molden;iauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Couchman. Carred by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Mnldcn- hauer, Pregler. Nays — None. RESOLUTION NO. 40.70 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have recived 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, lows 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 Roger D. Williams 1027 Rhomber Avenue BE IT FURTHER RESOLVEL that the bonds filed by such ap plicants be and the same are here by approved. Passed, adopted and approves this 16th day of February, 1970 Donald R. Meyers Mayor Walter A. Prcller Wayne A Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: I,eo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- man Bitter, Couchman, Molden. hauer, Bitter. Nays — None, RESOLUTION NO. 41.70 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 t h e 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 E. Noel 2400 Central Avenue Roger D. Williams 1027 Rhomberg Avenue Passed, adopted and approved this 16th day of February, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. 7soidenhauer Gaylord M. Coachman Joseph J. Eit:er 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. RESOLUTION NO. 42.70 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they 64 Special Session, February 16, 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 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 John E. Noel 2400 Central Avenue Roger D. Williams 1027 Rhomberg Avenue Passed, adopted and approved this 16th day of February, 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, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Mayor Meyers m o v e d that Charles E. Stork be appointed to the Human Rights Commis:;ion for a three year term commencing January 1, 1970. Seconded by Councilman Couchman. Carried by the following 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. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. REMARKS TO: Dubuque City Council BY: J. Bruce Meriwether Assistant Vice President First National Bank of Dubuque February 16, lf'70 Mister Mayor — Gentlnmen of the City Council My name is Bruce Meriwether, and I address you tonight as an officer of the First National Bank of Dubuque, as a member of the Downtown Association, the Du- buque Area Chamber of Com- merce, and most importantly per- haps, as an interested and concerned citizen. I would like, very briefly, to broach the subject of the downtown Pedestrian Mall, the project in my mind, that will not only revitalize the business and shopping core of our city, but the project that can do the most to provide a lasting character and image to an already growing, pros- pering, and progressing commun- ity. I therefore suggest that the Pedestrianway project, now at its constructural beginning, be thought of in terms of an oppor- tunity by all that will be affected by its completed beauty and ef- ficiency . . . a "golden opportun- ity" to provide a central business core that can be likened to none that are measured aesthetically as well as functionally. Now, if you will, may I use these opening re- marks as transportation to the specific reason I am appearing be- fore you tonight. The First National Bank of Du buque, my employer, by the prox- imity of its main office to the new Pedestrianway, and by its deep concern for the retail and profes• sional businesses that we serve, is vitally interested in the successful completion and the virtual un- ending list of "fringe benefits" that can come to us all from this project. Specifically, we concen- trate our immediate thoughts to the three most dominant features of the mall to be constructed this year. Namely — Foutnain Square at Ninth and Main; Pavilion Square at Eighth and Main; and Town Cluck Square at Seventh and Main. And, "zeroing" in even clos- er, our concern is for those phases Special Session, February 16, 1970 65 of these three features of the Pedestrianway, as well as the total project, that are not funded by city or federal means. Therefore, at a Batik Board of Directors Meeting on Wednesday, February 11, 1970 I was directed to present to this Council tonight, a check for $5.000; tlr(•se monies to be escrowed for use in those phases of the project that must come from private support. I plan, on behalf of the bank, to initiate further activities through our membership in the Dubuque Area Chamber of Commerce, and the Downtown Association and to rep- resent our extreme interest in see- ing a program developed that will solicit and acquire the additional funds that are necessary to com- plete those unfunded items that will enhance and accent the Pe- destrian Mall. To support this action and these remarks, I am very happy to re- port to the community, through you tonight that I visited today with (1) Gene Wright — President of the Dubuque Area Chamber of Commerce. (2) Donald Grau — Executive Vice President of the Chamber of Commerce. (3) Tenney Pickslay —Chairman of the Downtown Association. and have been assured by each of them that they will personally support the generating of an ac- tion program from within their organizations that will follow the thoughts that I have outlined. I am also happy to report that I have visited with several of the businessmen in the Mall area, and I am indeed excited about their willingness to meet the challenge of participation that must be met to successfully complete the Ped- estrianway Mall. I am sure that it will never be said that we in the Central Core were unwilling to share in those problems or maybe better said, to take advantage of all the opportunities and situations to bring the successful revitaliza- tion of Downtown to fruition. To conclude these remarks, I would like to make a direct point for the members of the City Ad- ministration. To implement any of the activities that I have men- tioned, sound, forthright and ape- cific direction must come from you. There is, at this point for ex- ample, no idea of the total cost of the private funded items in this project. No priorities in these areas, that I know of, have been established. The consultants — Barton ik Aschman — indicated at a recent meeting that the relocation of the Town Clock Square was an extrem- ely important phase of the new program. If that is to be done first, then that priority plus the cost must be known so that the needs can be met. But one thing is for certain, and that is that only through sound direction and with flawless attitude of cooperation can all of the necessary ingred- ients be built into this Pedestrian. way. I thank you very much for the time you have allowed me to make this presentation. Councilman Pregler moved that the check be accepted with sincere thanks and that Mr. Meriwether's statement be received and filed and made a matter of record and that the Mayor express his im- mediate thanks. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 28.70 A Resolution establishing a Low -Rent Housing Agency for the City of Dubuque, Iowa, and establishing a Board of Commissioners as well as the terms, duties, powers and authority of sold Commission- ers. WHEREAS, Chapter 403A, as amended, of the 1966 Code of Iowa creates in cities and towns certain powers in connection with provid- ing low -rent public housing, and WHEREAS, Chapter 403A, as amended, of the 1966 Code of Iowa defines the powers of municipali- ties in connection with providing low -rent public housing and auth- orizing cities and towns to accept grantscontributions and other financial assistance from the Fed- eral government, and WHEREAS, the City Council of the City of Dubuque, Iowa, be- 88 Special Session, February 16, 1970 lieves that is in the best interests of the City of Dubuque, Iowa, to create a low -rent housir. a agency as defined in Chapter 403A of the 1966 Code of Iowa, as amended, but said Council believes it would be in the best interests of the City at this time to have the 1),3wees granted by said Chapter exercised by the local governing body of the City of Dubuque, namely the City Council of the City of Dubuque, Iowa, and that said local govern- ing body create a Board of five commissioners to exercise such authority as granted them by said governing body, namely the City Council of the City of Dubuqu r, Iowa. N O W, THEREFORE, I T I S HEREBY RESOLVED by the City Council of the City of Dubuque, Iowa: 1. That the City of Dubuque hereby elects to have its powers in connection with the low -rent housing law as defined in Chapter 403A of the 1966 Code of Iowa, as amended, exercised 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 Commission- ers by the City Council of the City of Dubuque, Iowa. 2. That there is hereby created in the City of Dubuque, Iowa, a body corporate and politic to be known as the "Low -Rent Housing Agency" of the City of Dubuque, Iowa, with said low -rent housing agency to be, governed by tho City Council of the City of Dubuque Iowa, and a Board of Commission- ers to the extent of the authority granted by the City Council of the City of Dubuque, Iowa. 3. That there be and is hereby created said Board of Commission- ers of the low -rent housing agency consisting of five citizens of the City of Dubuque, Iowa, who shall be qualified by knowledge, exper- ience and background to act in matters pertaining to low -rent housing for the citizens of the City of Dubuque, Iowa. The members of the said Board of Commission- ers shall be appointed by the May. or subject to the approval of the City Council. The term of office for three of said commissioners originally appointed shall be two years and the term of office for two of said commissioners origin. ally appointed shall he one year. Thereafter the term of office for each commissioner shall be two years. The original Board of Com- missioners shall assume office as soon as their appointment is made by the Mayor and approved by the City Council. The Mayor shall des- ignate a chairman and vice-chair- man from among the Commission- ers. Vacancies occurring on the Board caused by resignation or otherwise shall be. filled by the Mayor and approved by the Coun- cil for the unexpired term. All members of the Board shall serve without compensation exeipt ne- cessary expenses, includin;, travel expenses incurred in the discharge of their duties. 4. A majority of the Commis- sioners shall constitute a quorum for the purpose of conducting bus- iness and exercising such powers as delegated to them by the City Council as well as for all other purposes. Action may be taken by the agency upon a vile of a ma- jority of the commissioners pre- sent, unless in any case the by- laws ylaws shall require a larger num. her. Said Commissioners m a y adopt rules, bylaws and regulations governing its organization and pro- cedures as may be deemed neces- sary and in conformance with Chapter 403A of the 1966 Code of Iowa, as amended, and subject to the approval of the City Council. 5. On or before March 31st of each year, said Commissioners shall file with the City Council a report of their activities for the preceding calendar year, which re- port shall include a complete fi- nancial statement setting forth its assests, liabilities, income and operating expenses as of the end of such calendar year and a nar- rative report of its projects during the period covered. At the time of filing the report, the agency shall publish in a newspaper of general circulation in the community a notice to the effect that such re- port has been filed with the -nuni- cipalily, and that the report is available for inspection during business hours in the office of the city clerk and in the office of the agency. 6. Said Board of Commissioners, subject to the approval of the City Special Session, February 16, 1970 Council, may employ an executive director, technical experts, legal counsel and such other :agents and employees, permanent and tem- porary, as it may require, and the Board may determine their auali. fications, duties and cnmpenration subject to the approval of the City Council. 7. The Board shall also file with said City Council copies of the minutes of meetings of said Board as soon as possible after meetings are held. The Board of Commis- sioners shall prepare a budget set- ting out the income and expenses of its operation to be. submitted to the City Council and the City Council map appropriate monies for the expenses of such Board. The Board of Commissioners shall have authority to expend for and on behalf of said City of Dubuque, all sums of money so budgeted and appropriated. Gifts, donations or payments which are received by such City for low -rent housing pur- poses shall be placed in such fund, to be used by the Board of Com- missioners in an appropriate- man- ner and in conformity with its pur- pose. Said Board of Commission- ers shall have no power to con- tract debts beyond the amount of its income for the current year. 8. Said Board of Commissioners shall be responsible initially to un- dertake and carry out studies and analyses of the housing needs and of the meeting of such needs and to make the results of such studies and analyses available to the pub- lic as well as to recommend pro- posed projects in the area of low - rent housing for the citizens of the City of Dubuque, Iowa. Any proposed low -rent housing pro- jects shall be subject to specific approval by the City Couuc;l and any project requiring a referen- dum as provided in Chapter 403A of the 1966 Code of Iowa, as amended, shall be submitted to the voters of the City of Dubuque in accordance with such chapter. 9. Before any recommendations for a specific project is made to said City Council, the same must be in conformance with the com- prehensive plan for said City, and shall be referred to the Dubuque City Planning Commission for re- commendation prior to submission to the City Council. Passed and adopted this 16th day of February, 19'10. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Filter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resoiution. Sec- onded by Councilman Bitter. Car- ried by the followir-g vote: Yeas — Mayor ;never,,, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. At. 9:50 P.M. Councilman Bitter moved that the Council go into executive ses- sion at the request of the City Attorney concerning pending le- gislation. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- man Bitter, Couchman, Molden- hauer, Pregler. The Council reconvened in reg- ular session at 10:30 P.M. RESOLUTION NO. 43-70 WHEREAS, an action has been filed in the United States District Court for the Northern District of Iowa, Easern Division, wherein Jo- seph ,lames Piluzza is plaintiff and Byrne O'Brien. John L. Fangman, Merle P. Koch, William Von Ah, and Gus Feeker and Percy Lucas are named as defendants, which action is designated as Civil Action No. 70 -C -1001 -ED wherein in each of two counts plaintiff prays for damages in the amount of $172,- 800.00 alleging that on or about March 29, 1967 the said plaintiff was arrested for violation of par- ole and that in pursuant thereto his constitutional rights were vio- lated and that thereafter he was wrongfully in prison detained, and WHEREAS, Section 368 A.1.11 gives the City Council power to direct the City Attorney, or to employ an attorney, to defend any municipal officer or emplovee in any cause of action arising out of or in the course of the perform- ance of the duties of his office or Special Session. February 16, 1970 employment and to pay- the costs of -uch defense. and WHEREAS, the said R. N. Ruse has heretofore assumed the de- fense of this case, and WHEREA& it is the opinion of the Council that it would verve the best public interest that :he City Attorney, R. N. Russo, be directed to defend said action; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN` ::L OF THE CITY OF DUBI'QL E. IOWA: Section 1. That the City Attor- ney he and he i., hereby directed to defend the defendants in the above entitled cause of action pending to the United States Dis- trict for the Northern District of Iowa. Eastern Division and that his efforts heretofore trade in the defense of said caa a be and the same are hereby ratified and con- firmed and the said City :Nttorney is further directed to do any and all things necessary for the proper defense of .said cause and neces- sarily incidental thereto. Section 2 That in view of the unusual nature of :his litigation and in view of the fact t h: t said action polies numerous and com- plex problems and in view of the fact that the defense of said cause. will require extensive expenditure of time and energies pursuan thereto, it is the decision of the City Council that the defense of said cause be considered bayou the scope of the employment o said City Attorney and beyordth scope of his salary and tbereforci it is the judgment of the Citi- Council that the said City Attor- ney be paid additional compensa- tion for the defense of said action which compensation fixed at the rate fixed and allowed by the Iowa State Bar Association Fee Sched- ule. Passed, approved and adopted this Idth day of February, 1370 Donald R. -Weyer; Mayor Walter A. Pre -;ler Wayne A. Mot lerthauer Gayl-?rd "I. Couchrr•an Joseph .1. Bitter C ou.neil.men Attest: Leo F. Frumirett City Clerk Councilman Couchman moved adoption of the resolution. Sec. onded by Councilman Bitter. Car• ried by the fol!nvin V sic: Yeas — Mayor Meyers. Council. men Bitter, Couchman. Molden- hauer. Pregler. Trays — None. There being no further business Mayor Meyers moved to adjourn. Seconded by Councilman Bitter Carried, by the follot7•1no vote: Yeas —:Mayor Meyers, Conrcil- men Bitter. Couchman, Molden hauer, Pregler. Nays —tione. Leo F. Frommelt City Clerk Approved ......... Jun.e._11.. 1970 Approved .........JI l.x ... 1970 ...........lol..................... ... y lark Regular Session, March 2, 1970 69 CITY COUNCIL OFFICIAL Regular Session, March 2, 1970. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Meyers Coun- cilmen Bitter, Couchman, Molden- he.uer, Pregler. City Manager Gil- bert D. Cravenelle. Mayor Meyers read the call and stated that service therof had been duly made and this is the regular monthly meeting of the City Coun- cil called for the purpose of actin; upon such business as may proper. ly come before the meeting. Communication of Karl Halte- hoff, submitting a list of selected plants best suited for this climate, that could be used most effectively in the Urban Renewal Pedestrian Mal), presented and read. Council- man Pregler moved that the com- munication be referred to Urban Renewal Director Mr. Wittenberg with instructions to confer with Mr. Haltenhoff and Barton Aschmann Associates. Seconded by Mayor Meyers. Carried by the following vote - Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of Ed. Brosius objecting to the exhorbitant prices being paid for trees being planted in the Downtown Urban renewal area, presented and read. Council- man Moldenhauer moved that the communication be referred to the City Manager and Urban Renewal Director. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council - mer, Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of D u b u q u e County Medical Society expressing appreciation for the financial sup- port given to them in the recent Rubella program, presented and read. Councilman Pregler moved that the communication be re- ceived and filed. Seconded by May- or Meyers. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of City Health Director Kenneth K. Hazlet M.D. submitting a copy of a letter of appreciation sent to the local news media and to the people who have corked so diligently in making the German Measles Vaccination pro- gram a success in Dubuque and Dubuque County, presented and read. 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, Molden- hauer, Pregler. Nays — None. Communication of Dubuque Met- ropolitan Area Commission on Crime and Delinquency requesting serious consideration on a proposal to establish a City -County Law En- forcement Center, presented and read Mayor Meyers moved that the City Manager be instructed to arrange for a meeting with the Crime Commission, preferably on March 12, 1970. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of Dubuque Met- ropolitan Area Commission on Crime and Delinquency requesting adoption of a resolution as sub- mitted, for authorization to parti- cipate in the planning and pro- gramming required by the Iowa Crime Commission through :he Du- buque Area Commission on Crime and Delinquency, presented and read. Councilman Couchman moved adoption of the resolution as pre- sented. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. 70 Regular Session, March 2, 1970 RESOLUTION NO. 44-70 WHEREAS, the Federal Govern- ment has made monies available to the municipalities through the Iowa Crime Commission, and WHEREAS, the Iowa Crime Com- mission, State Planning Agency, is the agency representing the State of Iowa, NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA, that the City of Dubuque be authorized to participate in the planning and in the programming required from the Iowa Crime Commission through the D U - BUQUE METROPOLITAN AREA COMMISSION ON CRIME AND DE- LINQUENCY. Passed this 2nd clay of March, 1970. Donald R. Meyers Mayor City of Dubuque Attest: Leo F. Frommelt City Clerk February 27, 1970. To the Honorable Mayor and Members of the City Council. Gentlemen: In accordance with the provisions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Com- mission conducted entrance exam- inations on July 15, 1969 and De- cember 9, 1969 for appointment to the Police Department. The following named applicants have passed both the written and physical examinations and are hereby certified for appointment to the Police Department. Fessler, Thomas A. 73% 7-15.69 Eric M. Schneider 90% 12-9-59 Respectfully submitted, Gerard B. Noonan LeRoy H. Giles Civil Service Commission. Attest: I.eo F. Frommelt City Clerk. Subscribed and sworn to before me this 27th day of February, 1970. Eugene J. Berens Notary Public Mayor Meyers moved that the communication be received and filed and made a matter of record. Seconded by Councilman Carried by the following Yeas — Mayor Meyers, men Bitter, Couchman, hauer, Pregler. Nays — None. Pregler. vote: Council- Molden- March 2, 1970. To the Honorable Mayor and Members of the City Council. Gentlemen: In accordance with the provisions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted written examinations for the position of Water Plant Oper- ator on February 25, 1970. The following have passed the written examination with an aver- age of 70% or better and their names are hereby certified. Frost, Charles 11. 88% Nagel, Frederick H. 72% Sweeney, Myles P. 727o The Commission also conducted examinations for the position of Housing Inspector. Five applicants took the examination on February 25, 1970, but none received a pass- ing grade of 70%. Respectfully submitted, Gerard B. Noonan LeRoy H. Giles Civil Service Commission. Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 2nd day of March 1970. Eugene J. Berens Notary Public Mayor Meyers moved that the ccmmunication be received and filed and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Coucliman, Molden- hauer, Pregler. Nays — None. Printed Council proceedings for the month of November 19619 pre- sented for approval. Mayor Meyers moved that the Council proceed- ings for ' the month of November 1969 be approved as printed. Sec- onded by Councilman Couchman. Carried by the following vote: Peas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays -- None. Regular Session, March 2, 1970 71 February 24, 1970 To the Honorable Mayor and City Council Gentlemen: The City Electrical Inspector has made a recommendation for new street lighting on Kaufmann Ave- nue from Central to North Grand- view. Thirteen 4000 lumen incandes- cent lights will be removed and twenty-three, 175 watt mercury va- por lights will be installed. I request your approval of this installation. Respectfully, Gilbert I). Chavenelle City Manager Councilman Couchman m o v e d 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. February 23, 1970 To the Honorable Mayor and City Council Gentlemen: A request has been received from Mrs. Earl Sandt, 418 Kauf- mann, for increased street light- ing in the area of Cushing and Kaufmann. The area has been investigated by the electrical inspector and it is recommended that a 175 watt mercury vapor light be installed at this location. 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, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. February 19, 1970 To the Honorable Mayor and CIty Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, Rater Department, as well as a list of claims for the month (if January 1970. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Mayor Meyers. Car- ried by the folowing 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 Disbursements and a list of claims for January 1970, pre- scnted and read. Councilman Pregler moved that the proof of publication, be re- ceived and filed. Seconded by May- or Meyers. Carried by the following vote. Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays -- None. February 20, 1970 To the Honorable Mayor and City Council Gentlemen: Attached is an agreement for public improvement from the Iowa Highway Commission. This agree- ment is for financial state partici- pation in the installation of traffic signals at the intersection of 32nd Street and Central Avenue. The agreement stipulates that the city initially shall pay the com- plete cost of the installation. The city has completed installation of this project and upon execution of the attached agreement will be able to receive from the state 22% of the cost of the installation. I recommend that this agree- ment be executed and promptly re- turned to the State Highway Com- missiun. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- pro%al of the recommendation. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. 72 Regular Session, March 2, 1970 February 26, 1970 To the Honorable Mayor and City Council Gentlemen: I submit to you for your con- sideration a proposed agreement between the State Highway Com- mission and the City of Dubuque, providing for the improvement of Rhomberg Avenue from Marshall Street, northerly to the Eagle Point Bridge. It is intended that a 11 " surface will be placed on the street. The estimated cost of the project will be $35.387.50. The city share w ill be $11,388.96. The State High- way Commission share will be $23,• 993.54. 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, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. February 26, 1970 To the Honorable Mayor and City Council Gentlemen: I submit to you for your con- sideration an agreement between the Iowa State Highway Commis- sion and the City of Dubuque for the improvement of Central Ave- nue from Fourth Street to the nor- erly city limits. It is intended to place a 1%" binder course 24 ft. wide from Fourth Street to Twen- tieth Street. And, also over the entire length of the project 1%" surface course from Fourth Street to Thirty -Second Street over the entire width of the sheet. The agreement refers to City Re- solution No. 32-60. Amongst other rules the resolution has to do with parking along the street. It is in- terpreted of this resolution by the City Engineer and the District Statc Highway Engineer that para- llel parking will be allowed on both sides of the street from Fourth to the city limits, with the exception that parking must be re- moved within 35 ft. of an inter- secting street. The estimated total cost is $94,- 675.79. The estimated city cost is ;40,627.13. The estimated Highway Commission cost is $54,048.66. 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, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. February 26, 1970 7o the Honorable Mayor and City Council Gentlemen: I submit the certified audit re- port of the accounts of the Water Department for the year 1969. Respectfully, Gilbert D. Chavenelle City Manager Councilman Couchman m o v e d that the report 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. February 27, 1970 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following Bond and de- sire to have your approval on same. PUBLIC OFFICIAL BOND Romolo N. Russo Western Surety Company Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved approval of the bond. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. February 27, 1970 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Two Family Residence to Multiple Residence, property described a9 Regular Session, March 2, 1970 73 Lot I and Lot 2 all in Westchester, Subdivision No. 2, and Lot 26 and Lots 32 through 36 of Block 12 all in Westchester Subdivision, in the City of Dubuque, Iowa. This property lies adjacent to Woodland and Dana Drive in West- chester Subdivision, north of As- bury Square Shopping Center. The property lies adjacent to un- developed single family lots owned by the applicant. It was the opinion of the Com- mission that because of the size of the buildings involved in the As- bury Square Shopping Center and the proximity of the Center to this site, that Multiple Residence de- velopment would be more in scale and more appropriate than Two Family Residences. It is the recommendation of the Planning and Zoning Commission that this request be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation and referred same 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. February 27, 1970 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Local Business "A" to Local Busi. ness "B" the Northeasterly 36 feet of Lot 20 in Cook's Addition in the City of Dubuque, Iowa. This pro- perty is located on the east side of Rhomberg Avenue, north of 'he Wareco Service Station on Windsor Avenue. This would be an extension of an existing Local Business "B" Dis. trict and it would permit enlarge- ment of an existing gasoline sta- tion. At the hearing, the Commission received a letter from Mr. Daniel Mahoney, 628 Rhomberg Avenue, stating opposition to the proposal. No one was present at the hearing to express further opposition to the proposal. The remander of the property on both sides of Rhomberg Avenue in this block is classified Local Busi- ness "A", the remainder of the frontage on Rhomberg Avenue from Windsor Avenue, south, is classified Local Business "B". It was the opinion of the Commission that approval of this proposal would not change the character of the neighborhood. It is the recommendation of the Planning and Zoning Commission that this proposal be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved that the communication be received and filed and referred for proper pro- ceedings. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Y e a s — Councilmen Bitter, Couchman, Moldenhauer, Pregler. Nays — Mayor Meyers. February 23, 1970 Honorable Mayor and City Council Gentlemen: On January 20, 1969, Mr. Harry W. Hansen of 2087 Bennett Street, this city, filed claim against the City of Dubuque in the amount of $37.75 for damages to his motor vehicle on January 8, 1969 as the result of striking a loose manhole cover at or near 464 Hill Street in the City of Dubuque, Iowa. This matter was referred to the City Attorney who made an investi- gation thereof and consulted with the claimant who has made an of. fer of settlement of $37.75 and it is the recommendation of the City Attorney that said offer be accept- ed and that the City Auditor be instructed to draw a warrant pay. able to Harry W. Hansen in the amount of $37.75 and to transmit the same to the City Attorney for delivery upon receipt of duly exe- cuted releases. Original claim is returned herewith. Yours very truly, R. N. Russo City Attorney 74 Regular Session, March 2, 1970 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. Notice of claim of Marie Green, is the amount of $5.00, for car damage incurred as the result of striking a foreign object in the street on Loras Blvd. on February 25, 1970, presented and read. May- or Meyers 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. Communication of Illinois Cen- tral Railroad Co., placing the City on notice of exemption of any lia- bility on the part of the Railroad in the case of a personal injury to John Wolfe, a volunteer flood worker, while working on +.he flood dike on April 18, 1969, with reference to a certain agreement with the City containing a hold harmless clause, presented and read. Mayor Meyers moved that the communication be referred to the City Solicitor for investigation and report. Seconded by Councilman Couchman. Carried by the follow- ing ote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. Notice of claim of Ronald Ilen nings, in the amount of $85.81, as the result of a broken off water valve shutoff in front of his home at 2320 Prince Street, On May 19, 1969, allegedly done by Winona Plumbing in the process of con. structing a sewer in the area, pre- sented and read, Mayor Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconders i)y Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden hauer, Pregler. Nays — None. Notice of claim of Maurice M. Wieser, in an undetermined amount, for personal properly da- mage incurred as the result of a unitary sewer back-up into his home at 2065 St. Ambrose Street (,n February 14, 1970, presented and read. Mayor Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council. man Couchman. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Notice of claim of Agnes M. Terry, in an undetermined amount, for personal injuries received in a fall on an icy sidewalk at 558 W. 3rd Street on February 18, 1970, presented and read. Mayor Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- cnded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Notice of claim of Veola Rogers, in an undetermined amount, for personal injuries received in a fall on an icy sidewalk at 21st and Cen- tral Avenue on January 14, 1970. presented and read. Mayor Meyers 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. Notice of claim of Jane Ann Con- nolly, in an undetermined amount, for personal injuries received in a fall on an icy sidewalk at 780 Al- pine Street on February 4, 1970, presented and read. Mayor Meyers 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. Regular Session, March 2, 1970 715) February 27, 1970 Honorable Mayor and Council Members Gentlemen: The City Planning and Zon?ng Commission has held a public hear. ing on a proposal to classify as Multiple Residence property de- s. ribed as Lot 1 of NEY4 of NW'/j, Lot 1 of SEY4 of NW3/4 Lot 1 of NE3e of SWI/4, all in Section 28. T89N, R2E, of the 5th P.M., all in Dubuque 'Township. This property was annexed to the City of Dubuque by resolution and includes approximately 65 acres. Multiple Residence development cn this property is in accord with the Commissions General Plan for the area west of Kennedy Road. It is the recommendation of the Planning and Zoning Commission that this proposal be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner 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. ORDINANCE NO. 7-70 An ordinance zoning and class. ifying recently annexed terri- tory to the City of Dubuque, Iowa, as a "Multiple Residence District" which real estate is hereinafter described as Lot 1 of NEI/4 of N W I/4, Lot 1 of SETA of NWI/4, Lot 1 of NEI/4 of S W IA Sec. 28, T. 89 N. R. 2 E 5th P.M. (RET Corporation property), Presented and read. Councilman Couchman m o v e d that the reading just had be con sidered the first reading of the Or- dinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Councilman Couchman m o v e d that the rule be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. Councilman Couchman moved that a public hearing be held on the Ordinance on March 23, 1970, at 7:30 o'clock P.M. in the Council Chamber 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 Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Patrick Chew request- ing rezoning of the southerly 150' of Lot 2 of Sub. of Lot 25 in Block 4 in Westside Manor Subdivision from Single Family to Local Busi. ness "B" Classification, presented and read. Mayor Meyers moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Couch- man. Carried by the following vote: Was — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Dubuque Wa-Tan-Ye- Club requesting that the week of March 8, 1970 be proclaimed "Wa- Tan-Ye-Week". Mayor Meyers moved and proclaimed the week of March 8, 1970 as Wa-Tan-Ye week and that the petition be received snd filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of D.U.V. Mary Agard Tent #35 requesting permission to conduct tag days on September 18ts and 19th, presented and read. Councilman Pregler moved appro- val of the petition subject to ap- proval of the City Manager. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. 76 Regular Session, March 2, 1970 Petition of Peoples Natural Gas requesting permission to excavate at 2535 Mineral Street to provide new service, presented and read. Councilman Pregler moved that the petition be granted subject to ap- proval of the Engineering Depart- ment. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Richard Construction Co. requesting that Lots A and 16 of Block 10 in Sunrise Heights Sub- division be rezoned to Multiple Iamily District Classification, pre- sented and read. Councilman Bitter moved that the petition be referred to the Planning & Zoning Commis- sion for investigation and report. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Xavier Hospital Gift Shop requesting a refund of $25. cn the unexpired portion of cigar- ette license No. 182, as they have discontinued business on February 16, 1970, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. 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 on resolution of neves. sity for construction of John F. Kennedy Road Sanitary Sewer from Spring Valley Road to 32nd Street — west side, 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 Couchman moved that the Proof of publication 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. Statement of City Clerk certify. ing that notices of public hearing were mailed to property owners of record, by certified mail on Feb- ruary 6, 1970, for construction of John F. Kennedy Road Sanitary sewer from Spring Valley Road to 32nd Street — west side, presented and read. Mayor Meyers moved that the statement be received and filed. Seconded by Councilman Pregler. Carried by the folowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 45.70 WHEREAS, proposed plans and specifications and form of contract for the construction of the John F. Kennedy Road Sanitary Sewer from Spring Valley Road to 32nd Street west side have been approv• ed by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hear. ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 2nd day of March, 1970, and WHEREAS, the City Council met in regular session this 2nd day of March, 1970, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear - int*, all interested parties and con- sidering any and all objections which have been filed to the pro. posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro. posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- .Ridered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifi- cations, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of Regular Session, March Z 1970 77 contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 2nd day of March, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. C3uchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 21.70 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: I. The size and kind of sewers. 2. Each lot proposed to be as- sessed together with a valuation fixes by the council. 3. An estimate of the cost of the proposed 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 assess. ed against each lot, for the con. struction of the John F. Kennedy Road Sanitary Sewer from Spring Valley Road to 32nd Stx-et west side. BE IT THEREFORE RESOLVED that the City Council on Its own motion or upon petition of proper. ty owners, 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 proposed assessments, 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 therefor by the City Engineer 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 improvement will be assessed upon and against all privately owned property lying within assessable distance pro- vided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjunct there to according to area and in proportion to the spe- cial benifits conferred thereby, and any deficiency shall be paid out of the sewer funds. Sewer bonds shall be issued in anticipation of deferr- ed payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The i ailway portion of any street of assessment district shall be assess - cd to and paid by the railway com- pany. The above resolution was intro- duced, approved a n d ordered placed on file with the City Clerk this 19th day of January, 1970, RECORD OF FINAL ADOPTION The Foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 2nd day of March 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk 78 Regular Session, March 4 1970 Mayor Meyers moved adoption of the resolution. Seconded by Coun- cilman Pregler. Carried by the fol- iou-ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden• hauer, Pregler. ?Ways — None. ORDERING CONSTRUCTION RESOLUTION NO. 4670 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU BUQUE that pursuant to a resolu- tion of necessity No. 21-70 which was duly passed by this Council, for the construction of: John F. Kennedy Road Sanitary Sewer from Spring Valley Road to 32nd Street - West Side be and the same are hereby ordered 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, improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the sewer funds of the city. Payment wil be made to the contractor out of sewer funds or with Sewer bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve. ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and efect from and after its passage and adoption by the City Council. Pased, adopted and approved this 2nd day of March, 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 adopt- ion 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 time and place of hearing to dispose of interest in Lot 3 of Lot 1 of Block 5 Riverfront Subdivision No. 3 to The Eska Company of Dubuque, Iowa, in the amount of $17,350.00, presented and read. No written ob- jections were filed and no oral ob lectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publica- tion be receiveu and filed. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 47-70 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 Jan- uary 30, 1970 and February 6, 1970, City Council of Dubuque, Iowa, met on the 2nd day of March, 1970, at 7.30 o'clock P.M. 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 Lot 3 of Lot 1 of Block 5 Riverfront Subdivision Regular Session, March 2, 1970 79 No. 3 in the City of Dubuque, Iowa, subject to casements of record to The Eska Company of Dubuque, Iowa, and WHEREAS, City Council of Du- buque, Iowa, overrruled 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 The Eska Company of Dubuque, Iowa. 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 The Eska Companv of Dubuque, Iowa covering the fol- lowing described real estate, to - wit: Lot 3 of I.ot I of Block 5, Riverfront Subdivision No. 3 in the City of Dubuque, Iowa, subject to easements of record, for the purchase price of $17,350.00 be and the same is hereby approv- ed.:;ubject to the following terms and conditions, to -wit: A. That said real estate be sold to The Eska Company of Dubuque, Iowa for its present facilities. B. That the sale price for said real estate shall be in the amount of $,5,000.00 per acre or a total pur. chase price of $17,350.00. C. That the Eska Company final- ize its negotiations with the Du- buque Industrial Development Cor- poration to purchase land anti buildings located in Blocks 5 and 6 of Riverfront Subdivision No. 3. D. That said land be used by The Eska Company for its expansi,)n proportionate to its present facili- ties within one (1) year of adoption and passage of this Resolution and shall be completed within two (2) Years of date of adoption and pas- sage of this Resoution and upon failure so to do by the purchaser, The Eska Company of Dubuque, Iowa, said real estate shall auto- matically revert to the City of Du- buque, Iowa, and purchase price, less damages, shall be refunded to the purchaser. E. That the construction of all buildings, yards, parking lots and fences shall be constructed in con- formance with existing City Codes. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to The Eska Com- pany of Dubuque, Iowa upon re- ceipt of total purchase price in the amount of $17,350.00. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 2nd day of March, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. February 5, 1970 To the Honorable Mayor and City Council Gentlemen: The following is the breakdown of the certified cost of the Sani- tary Sewer installed on property described as "Sara S. & Edward R. Bartels Place at Center Grove". Easement cost to William Jenni ................$ 155.00 Construction cost to Saf- fran Construction Co. 5,377.40 City Inspection costs ........ 217.50 Recording fees for Easement ........................ 18.50 Engineering cost -Bartels, McMahan, UMay, Haas and Baule ........................ 963.21 $7,076.61 It is hereby certified that the above costs are those paid to the Contractor and others accordingto final quantities measured by Bar- tels, McMahan, LeMay, Haas and Baule, engineers on the project. This cost will be pro -rated over the usable frontage of this sewer. 80 Regular Session, March 2, 1970 FRONTAGE LOT DESCRIPTION 121.85' Lot 2-2.1 — Sara S. & Edward R. Bartels Place at Center Grove in M.L. 243 - Section 27 T.89N. R.2E. 233.88' Lot 1-2-1 — Sara S. & Edward R. Bartels Place at Center Grove in M.L. 243 - Section 27 T.89N. R.2E. 202.07' Lot 2 — Sara S. & Edward R. Bartels Place at Center Grove in M.L. 243 - Section 27 T.89N, R.2E. 557.80 Lin. Ft. $7,076.61 _= $12,68664395/ front foot 557.80 Sincerely, John L. White City Engineer Councilman Pregler moved that the communication be received and filed and made a matter of record. Seconded by Mayor Mey- ers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 48-70 RESOLUTION establishing a connection charge for the eight (8) inch Sanitary Sewer con• strutted on property described as "Sara S. & Edward R. Bar- tels Place at Center Grove". 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 filed with the City Council a certified statement showing all the grants paid in connection with the con- struction of said sewer, including engineering and inspection fees amounting to $7,076.61. 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 he granted upon condi- tion that the applicant shall pay to the City Treasurer for the ac- count of Center Grove Properties, Inc., a connection charge of $12.- 68664395 per front foot. Section 2. That the following is the pro -rated connection costs pay- able to the City of Dubuque for Center Grove Properties, Inc. LOT 2-2-1 Sara Sd & Edward R. Bartels Place — 121.85 Lin. Ft, Ca. $12.68664395 $1,545.87 LOT 1-2-1 Sara Sd & Edward R. Bartels Place — 233.88 Lin. Ft. (a) $12.68664395 $2,967.15 LOT 2 Sara Sd & Edward R. Bartels Place — 202.07 Lin. Ft. (5-) $12.68664395 $2,563.59 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, Iowa. Passed, adopted and approved this 2nd day of March, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer $7,076.61 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. Regular Session, March 2, 1970 81 RESOLUTION NO. 49.70 Resolution approving Official Report of Municipality for Muni- cipal Streets and Parking 1964. WHEREAS an official report of the City of Dubuque, Iowa, for Municipal Streets and Parking for the year beginning January 1, 1969 and ending December 31, 1969, has been duly prepared in accordance with Chapter 312, ROAD USE TAX FUND, Code of Iowa, and as amended by the 60th General Assembly, State of Iowa, and submitted to this Council for approval, and WHEREAS, this Council has ex- amined the "Official Report of the City of Dubuque, Iowa, for Muni- cipal Streets and Parking" for the year 1969, wherein a distribution of Receipts and Expenditures for the fiscal year are shown. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Official Report of the City of Dubuque, Iowa for Muni- cipal Streets and Parking for the fiscal year of 1969 be and the same is hereby approved. Passed, adopted and approved this 2nd day of March, 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. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider sale of cer- tain parcels of real estate in the downtown Urban Renewal area to Joseph R. Sherman and Doris M. Riekena, 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 Couchman 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. 50.70 Authorizing the execution of a contract for sale of land for pri. vate redevelopment with Jo- seph R. Sherman and Doris M. Riekena. WHEREAS, pursuant to Resolu- tion No. 18-70 dated January 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 January 27, 1970, and February 3, 1970, City Council met on the second day of March, 1970 at 7:30 o'clock P.M., Central Time, in the City Council Chambers, City Hall, Dubuque, Iowa, to con- sider the proposal to dispose of the interest of the City of Du- buque to the Northerly 65 feet of the Easterly 94 feet and t}e North- erly 50 feet of the Westerly 65 feet of Reuse Parcel 1 of Block 1 in the Downtown Urban Renewal Project, Iowa R-15, to Joseph R. Sherman and Doris M. Riekena, and WHEREAS, pursuant to said re- solution a copy of the Redevelop- er's Statement for Public Disclos. ure and a copy of the proposed form of Contract for S31e 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 of said interest of the City of Dubuque in the above described real estate to Joseph R. Sherman and Doris M. Riekena; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mavor and the City Clerk be and thev are hereby authorized to enter into a Contract for Sale of Land and Pri. 82 Regular Session, March 2, 1970 vete Redevelopment in accordance with the terms of the Disposition Documents governing such sale with Joseph R. Sherman and Doris M. Riekena, for the real estate known as the Northerly 65 feet of the Easterly 94 feet and the Northerly 50 feet of the Westerly 65 feet of Reuse Parcel 1 of Block 1 in the Downtown Urban Renewal Project, Iowa R-15, containing 9,• 360 square feet, subject to survey. Section 2. That said parcel of real estate Shall be sold for $2.50 per square foot or a total price of $23,400.00 subject to final survey of the land to be conveyed. Passed, approved, and adopted this 2nd day of March, 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. Proof of Publication, certified to by the Publisher, of Notice to Con. tractors of receipt of proposals for the construction of 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 Subdivis- ion, presented and read. Council. man Pregler moved that the proof of publication be received and filed. Seconded by Mayor Meyers. Carried by the followingvote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. March 2, 1970 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, March 2, 1970 for the improvement of the Bies Drive Sanitary Sewer. The low bid was submitted by Fondell and Sons. Inc. of Dubuque, Iowa. Their bid was 0.6% under the Engineer's estimate. I recommend that the contract for the improvement be awarded to Fondell and Sons, Inc. of Du- buquee, Iowa. 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, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. (Awarding Contract) RESOLUTION NO. 51-70 W H E R E A S, sealed proposals have been submitted by contract- ors for the construction of: Bies Drive Sanitary Sewer - 1969 - from south property line of Pennsyl- vania Avenue to north property line of Lot 1 of Lot 6 of C. J. Bies Subdivision pursuant to Resolution No. 6-70 and notice to bidders published in a newspaper pub- lished in said City on February 12, 1970 and February 19, 1970; and WHEREAS, said sealed propos- als were opened and read on March 2, 1970, and it has been determined that the bid of Fondell & Sons, Inc. of Dubuque, Iowa in the amount of $10,956.00 was the lowest bid for the furnishing of all labor and materials and per. forming 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 Fondell & Sons, Inc. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance 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. Regular Session, March 2, 1970 gg Passed and adopted this 2nd day of March, 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 Pregler. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. February 27, 1970 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed propos- als to vacate certain streets and alleys in the Downtown Urban Re- newal Project. The Commission has found that the proposals are in accord with the Urban Renewal Plan. It is the opinion of the Planning and 'Zoning Commission that there is no forseeable public need for the following described streets and alleys: Section 1. that part of Original Iowa Street commencing at the Northeast Corner of City Lot 173, thence South 220 30' East, 9.10 feet on the original West Street Line of said Iowa Street to the point of beginning, thence continuing South 22' 30' East a distance of 248.20 feet along said street line to the Southeast Corner of City Lot 176, thence North 67° 55' East a dis- tance of 25.30 feet, thence North 22' 30' West a distance of 248.37 feet, thence South 67" 30' West a distance of 25.29 feet to point of beginning Section 2. that part of the Ori- ginal Alley lying between Main and Iowa Street from West 701 Street line extended across said alley to within 9.82 feet of West 8th Street line extended across said alley, commencing at the Northwest Corner of City Lot 173, thence South 22" 30' East, 9.82 feet on the original East Alley line of said alley to the point of begin- ning, thence continuing South 22° 30' East a distance of 247.31 feet along said alley line to the South- west Corner of City Lot 176, thence South 67" 55' West a dis- tance of 5.33 feet, thence North 22" 30' West a distance of 247.29 feet, thence North 67" 30' East a distance of 5.24 feet to point of be- ginning Section 3. that part of Original Iowa Street beginning at the Northeast Corner of City Lot 177, thence South 220 30' East on the Original West Street line of Iowa Street a distance of 249.89 feet, thence North 67" 30' East a dis- tance of 25.31 feel, thence North 22" 30' West a distance of 249.72 feet, thence South 671 55' West a distance of 25.30 feet to point of beginning Section 4. that part of the Ori- ginal Alley lying between Main Street. and Iowa Street from West 7th Street line extended across said alley to within 6.05 feet of West 6th Street line extended across said alley beginning at the Northwest Corner of City Lot 177, thence South 22° 30' East on the original East Alley line of said alley a distance of. 250.78 feet, thence South 670 30' West a dis- tance of 5.22 feet, thence North 22" 30' West a distance of 250.80 feet to the south line of West 7th Street extended across said alley, thence North 671) 55' East a dis- tance of 5.31 feet to point of be- ginning Section 5. that part of Original West 7th Street and Original Iowa Street beginning at the Southwest Corner of City Lot 176, thence North 67° 55' East along the north street line of said West 7th Street plus an extension of same a dis- tance of 138.67 feet, thence South 22" 30' Fast a distance of 64 00 feet, thence S,)uth 67° 55' West along an extension of and south street line of said West 7th Street a distance of 144.00 feet, thence North 220 30' West a distance of 64.00 feet, thence North 671 55' East a distance of 5.33 feet to point of beginning Section 6. that part of We't Eighth Street beginning at the Southeast Corner of City Lot 213, thence South 22' 30' Fast a dis- 84 Regular Session, March 2, 1970 tance of 5.03 feet, thence South 670 30' West a distance of 41.25 feet, thence North 25' 5' West a distance of 5.04 feet, thence North 67" 30' East a distance of 41.47 feet to point of beginning Section 7. that part of West Eighth Street beginning at the Northeast Corner of City Lot 253, thence South 670 30' West on the Southerly line of said Eighth Street 159.12 feet, thence North 22" 30' West a distance of 15.97 feet, thence North 25" 30' West a distance of 43.04 feet, thence North 6711 30' East a distance of. 120.00 feet to the westside of Central Avenue extended, thence South 22° 30' East a distance of 15.97 feet to the point of begin- ning Section 8. that the alley lying between City Lots 214, 215, 215a, 216, 217 and 218 on the westerly side and City Lots 249, 250, 251, 252a, 252 and 253 on the easterly side and from the Southerly line of existing West Eighth Street ex- tended across said Alley to the Northerly line of West Seventh Street extended across said alley Section 9. that part of West Eighth Street lying adjacent to and southerly of City Lot 254 in the City of Dubuque, Iowa, be- ginning at the Southeast Corner of City Lot 254, thence South 2211 30' East a distance of 5.03 feet, thence South 6711 30' West a dis. tance of 100.00 feet, thence North 22° 30' West a distance of 5.03 feet, to the Southwest Corner of said City Lot 254, thence North 6711 30' East a distance of 100.00 feet to the point of beginning Section 10. the alley lying be- tween City Lot 244, City Lot 245, City Lot 246, City Lot 247, and City Lot 248 on the Easterly side and City Lot 223, City Lot 222, City Lot 221, City Lot 220, and North 38 feet 6 inches of City Lot 219 on the westerly side and from the Southerly line of existing West Seventh Street extended across said alley to the Northerly line of West Sixth Street extended across said Alley Section 11. that part of West Sixth Street commencing at the northeast corner of City Lot 243, thence West along the original South Street of West Sixth Street a distance of 159.09 feet, thence North on a line which is parallel with the West Street line of Cen. tral Avenue a distance of 64 feet, thence East along the original North Street line of West Sixth Street a distance of 159.01 feet to the southeast corner of City Lot 244, and thence South along the West Street line of Central Ave- nue a distance of 64 feet to the place of beginning Section 12. the Alley lying be- tween City Lot 243, City Lot 242, City Lot 241, North 29 feet 7 inch• es 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, and South 25 feet 6 inches of City Lot 239 on the easterly side and City Lot 224, North 21 feet 3 inches of City Lot 225, City Lot 226, South 30 feet 4 inches of City Lot 225, City Lot 226, City Lot 227 and City I.ot 228 on the westerly side and from the southerly line of West Sixth Street extended across said Alley to the Northerly line of West Fifth Street extended across said Alley Section 13. the Alley lying be- tween City Lot 234, South on -half of City Lot 235, North one-half of City Lot 235, City Lot 236, City Lot 237, and City Lot 238 on the easterly side and City Lot 229, City Lot 230, City Lot 231, City Lot 232 and City Lot 233 on the Westerly side and from the South- erly line of West Fifth Street ex- tended across said Alley to the Northerly line of West Fourth Street extended across said Alley. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved ap• proval of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. ORDINANCE NO. 8-70 An Ordinance vacating portions of certain streets and alleys in the Downtown Urban Renewal Project area. presented and read. Councilman Bitter moved that Regular Session, March 2, 1870 S5 the Ordinance just read 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 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, Couchman, Molden- hauer, Pregler. Nays — None. ORDINANCE No 11-70 VACATING PORTIONS bF CERTAIN STREETS AND ALLEYS IN THE DOWNT PROJECT AREA WHEREAS, under date of July 26, 1%1, the City of Dubuque and the United States of America entered into a Loan and Capital Grant Contract for the un- dertaking of the Downtown Urban Re- newal Prolect, Iowa R-15; and WHEREAS the Clty of Dubuque, pur- suant to the Urban Renewal Plan for said Prolfct, has acquired real estate, relo- cated site occupants, demolished and removed site Improvements, and has otherwise prepared certain land for re- use purposes; and WHEREAS, In order to dispose of said land for redevelopment In accordance with said Urban Renewal Plan, It is nec- essary that portions of Certain streefl and alleys In the Prolect Area be va- cated; and WHEREAS, the Planning and Ionlno Commission of the City of Dubuque, Iowa, has recommended the vacation of said portions of streets and alleys In the City of Dubuque, as said streets and portions of alleys are no longer needed for ubllc rloht-of-way purposes, now there or* BE IT ORDAINED BY THE CITY COUN. CIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That that part of Original Iowa Street commencing at the Northeast Corner of City Lot 173, thence South 220 30' East, 9.10 feet on the original West Street Line of said Iowa Street to the Point of beginning, thence continuln South 220 30' East a distance of 246.21 feet along said street line to the South- east Corner of City Lot 176, thence North 670 55' East a distance of 25.30 feet, thence North 220 30' West distance of 248.37 feet, thence South 67g 30' Wcst a distance of 25.29 feet to point of Depin- ning be and the same Is hereby vacated. SECTION 2. That that part of the Original Alley IvinC between Mein Street and Iowa Street from West 71h Street Iine extended across said alley to within 9.82 feet of West 8th Street line ex. tended across said alley commencing at the Northwest Corner of City Lot 173, thence South 220 30' East, 9.82 feet on the original East Alley line of said ca4lley to the point of beginning, thence of 747.91 feetualong s d East lineltoathe Southwest Corner of Ely Lot 176, thence South 670 55' West a distance of 5.33 feet, thence North 220 30' West a dis- tance of 247.29 feet, thence North 670 30' East a distance of 5.24 feet to pointof beginning be and the some Is hereby vacated. SECTION 3 That that part of Original Iowa Street beginning at the Northeast ! C 1TTorner IEof City Lot 17p7, thh eence South reat Manu NCrtht )0the 1aI70 IWest StrnEesif a 4dIY tance of 25.31 feet, thence North 220 20' West Is distance Of 249.72 feet, thence South 670 SS' West a distance of 25.311 feet to point of bepinning be and the same Is hereby vacefed. SECTION 4. The, that part of the Orlo. Inal Alley lying between Main Street and Iowa Street from West 7th Street line extended across said alley to within 6.05 feet of West 6th Street line extended across said alleyy beginning at the North- west Corner of Clty Lot 177, thence South 22' 30' East on the original East Alley Iine of said alley a distance of 250.78 feet, thence South 670 30' West a distance of 5.22 feet, thence North 220 30' West a distance of 250.80 feet to the south line of West 7th Street extended across solo alley, thence North 670 SS' East a dis- tance of 5.31 feet to point of beginning be and the same Is hereby vacated. SECTION 5. That that part of Original West 7th Street and Original Iowa Street beginning at the Southwest Corner of City Lot 176, thence North 670 55' East along the north street line of said West 7th Street plus an extension of same a distance of 136.67 feet, thence South 220 30' East a distance of 64,00 feet, thence South 670 55' West along an extension of and south street line of said West 71h Street a distance of 1x1.00 feet, thence North 22° 30' West a distance of 64.00, fee, thence North 670 55' East a distance of 5.33 feet to point of beginning be and the same Is hereby vacated. SECTION 6. That that part of West Eighth Street beginning at the Southeast Cornerof City Lot 213, thence South 220 30' East a distance of 5.03 feet, thence South 670 30' West a distance of 41.25 feet, thence North 250 05' West a dis- tance of 5.04 feet, thence North 670 30' East a distance of 41.47 feet to point of beginning be and the same Is hereby vacated. SECTION 7. That Mat part of West Eighth Street beginning at the Northeast Corner of City Lot 253, thence South 670 30I West on the Southerly line of said EI hth Street 159.12 feet, thence North 228 241' West a distance of 15.97 feet, thence North 250 30' West a distance of 43.04 feet, thence North 670 30' East a 30' East a distance of 120.00 west side of Central Avenue thence South 220 30' East a 15.97 feet to the point of be - and the same is hereby SECTION t. That the Alley lying be- tween City Lots 214, 215, 215x, 216, 217 and 216 on the westerly side and City Lots 249, 250, 251, 252a, 252 and 253 on the easterlyY side and from the Southerly line of exliting West Eighth Street ex- tended across said Alley to the Northerly line of West Seventh Street extended across said Alley be and the same Is hereby vacated. SECTION 9. That that part of West Eighth Street lying adiacent to and south- erly of City Lot 254 In the City of Du. buque, lows beginning at the Southeast Corner of City Lot 254 thence South 220 3p East a distance of 5.03 feet, thence South 670 30' West a distance of 100.00 feet, thence North 221 30' West a dla- lance of 5.03 feet, to the Southwest Cor- ner of said City Lot 254, thence North 67° 30' East a distance of 100.00 feet to the point of beginning be and the same Is hereby vacated. SECTION 10. That the Alley tying be- tween City Lot 241, Cl1y Lot 245, City Lot 246, City Lot 247, and City Lot 248 on the easterly side and City Lot 223, City North 38 feet 6 oIncheis oft City Lo220, 219 on the westerly side and from the Southerly line of existing West Seventh Street ex- tended across said Alley to the Norther- ly Iine of West Sixth Street extended across said Alley be and the same Is hereby vacated. SECTION 11. That that part of West Sixth Street commencin et the north. east corner of City Lot 9143 thence West along the oripinal South Street line of West Sixth Street a distance of 159.09 feet, thence North on a line which Is Central Avenue a distan distanceStreet 64line feet, thence East along the oripinel North St Street line of West Sixth reel a dis- tance of 159.01 feet to t e southeast c9rner of City Lot 244, and thence South along the Wilt Street line of Central Avenue 0 Is ante of 64 feet to the 88 Regular Session, March 2, 1970 fsace of beginning be and the same hereby vacated. SECTION 12. That the Alley lylnc be- tween City Lot 243, City Lot 242, City Lot 241, 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 Clty Lot 239, South 25 feet 2 inches of Nortn 26 feet of City Lot 239, and South 25 feet 6 Inches of City Lot 239 on the easterly side and City Lot 224, North 21 feet 3 Inches of City Lot 225, South 30 feet 4 Inches of City Lot 225, City Lot 226, City Lot 227, and City Lot 228 on the westerly side and from the Southerly line of West Sixth Street extended Across said Alley to the Northerly line of West Fifth Street extended across said Alley be and the same Is hereby vacated. SECTION 13. That the Alley lying be- tween City Lot 234, South one-half of City Lot 235, North one -hall of City Lot 215, City Lot 236, City Lot 237, and City Lot 238 on the easterly side and City Lot 229, City Lot 230, City Lot 231, City Lot 232 and City Lot 233 on the Westerly side and from the Southerly line of West Fifth Street extended across said Alley to the Northerly line of West Fourth Street extended across said Alley be and the same Is hereby vacated. SECTION 14. That the City Clerk be and is hereby authorized and directed to file a copy of this Ordinance of the County Recorder In and for Dubuque County, Iowa. Passed, approved and adopted this 2nd day of March, 1970. Donald R. naldR Meyers MAYOR Welter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter COUNCILMEN ATTEST: Leo F. Frommett CITY CLERK Published officially In The Telegraph - Herald Newspaper this 6th day of March 1970. Leo F. Frommelt It. 3/6 City Clark Councilman Bitter moved final adoption of the Ordinance. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION NO. 52.70 Approving plats of portions of vacated streets and alleys in the Downtown Urban Renewal Pro- ieot 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 Dubuque, pursuant to the Urban Renewal Plan for said Project, has vacated portions of certain streets and alleys to prepare land for reuse purposes; and WHEREAS, plats subdividing va. cated portions of streets and alleys into city lots in the City of Du- buque, Iowa, have been examined 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, Iowa, and have its ap. proval endorsed thereon; and WHEREAS, said plats conform to the laws of the State of Iowa, and the ordinances 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 dated January 3, 1969, subdividing vacat- ed portions of certain streets and alleys into City Lots 173A, 174B, 177A, and 178A, in the City of Dubuque, Iowa, by Carl F. Bartels, a Licensed Professional Civil En- gineer and Land Surveyor, be and the same is hereby approved. Section 2. That the plat dated June 20, 1969, subdividing vacat- ed portions of certain streets and alleys into City Lot 213A, City Lot 214A, City Lot 218A, and City Lot 254A in the City of Dubuque, Iowa, by Carl F. Bartels, a Li- censed Professional Civil Engin- eer and Land Surveyor, he and the same is hereby approved. Section 3. That the plat dated July 10, 1969, subdividing vacated portions of certain streets and al- leys into City Lot 248A, City Lot 244B, City Lot 244A, City Lot 243A, City Lot 224A, City Lot 243B, City Lot 224B and City Lot 239A in the City of Dubuque. Iowa, by Carl F. Bartels, a Licensed Pro- fessional Civil Engineer and Land Surveyor, be and the same is here. by approved. Section 4. That the plat dated July 10, 1969, subdividing vacated portions of certain streets and al- leys into City Lots 238A, 233A and 234A in the City of Dubuque, Iowa, by Carl F. Bartels, a Licensed Pro- fessional Civil Engineer and Land Surveyor, be and the same is here- by approved. Section S. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plats for and on behalf of the City of Dubuque, Iowa. Section 6. That the City Clerk be and he is hereby authorized Regular Session, March 2, 1970 97 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 2nd day of March, 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 Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays - None. RESOLUTION NO. 53.70 Subdividing certain lots in the Downtown Urban Renewal Pro- ject 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 undertak- ing of the Downtown Urban Re- newal 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, plats subdividing certain lots for public right-of-way and other purposes have been ex- amined 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, Iowa, and have its ap- proval endorsed thereon; and WHEREAS, said plats conform to the laws of the State of Iowa. and the ordinances of the City of Dubuque, governing the subdivis- ion of real estate in the City of Duhunue. Iowa, now therefore BE IT RFI;oi,vF:D BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the plat dated January 3, 1969, of the Subdivision Of City Lot 173 and of the Sub. division of City Lot 180, each in the City of Dubuque, Iowa, by Carl F. Bartels, Licensed Professional Civil Engineer and Land Surveyor, be and the same is hereby ap- proved. Section 2. That the plat dated June 20, 1969, of the Subdivision of City Lot 209, the Subdivision of City Lot 210, the Subdivision of. City Lot 211, the Subdivision of City Lot 212, the Subdivision of City Lot 213, the Subdivision of City Lot 214, the Subdivision of City Lot 215, the Subdivision of City Lot 215a, the Subdivision of North one-half of City Lot 216, the Subdivision of South one-half of City Lot 216, the Subdivision of City Lot 217, and the Subdivision of City Lot 218, each 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 3. That the plat dated July 10, 1969, of the Subdivision of the North 38 feet 6 inches of 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 City Lot 222, the Subdivision of City Lot 223, the Subdivision of City Lot 224, the Subdivision of the North 21 feet 3 inches of City Lot 225, the Subdivision of the South 30 feet 4 inches of City Lot 225, the Sub- division of City Lot 226, the Sub- division of City I.ot 227, and of the Subdivision 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. Section 4. That the plat dated July 10, 1969, of the Subdivision of Lot 2 of City Lot 221 and of the Subdivision of City Lot 246, 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- hy approved. Section S. That the plat dated ,iuly 10, 1969, of the Subdivision of City Lot 229, the Subdivision of City Lot 230, the Subdivision of City Lot 231, the Subdivision of 88 Regular Session, March 2, 1970 City Lot 232, and of the Subdivis- ion of City Lot 233, 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. Section 6. That the plat dated July 10, 1969, of the Subdivision of Lot 2 of City Lot 232 in the City of Dubuque, Iowa, by Carl F. Bartels, Licensed Professional Civil Engineer and Land Surveyor, be and the same is hereby approved. Section 7. That the plat dated February 24, 1970, of the Subdivis- ion of City Lot 146 in the City of Dubuque, Iowa, by Carl F. Bartels, Licensed Professional Civil En- gineer and Land Surveyor, be and the same is hereby approved. Section 8. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plats for and on behalf of the City of Dubuque, Iowa. Section 9. That the City Clerk be and is hereby authorized and directed to file a copy of this Re- solution 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 2nd day of March, 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 N0, 54-70 Dedicating certain lots in the Downtown Urban Renewal Pro• lect 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 11.15; 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, plats dedicating cer- tain lots for street purposes have been examined by the City Coun- cil of the City of Dubuque, Iowa; and WHERAS, said plats have been examined by the Planning and Zoning Commission of the City of Dubuque, Iowa, and have its ap- proval endorsed thereon; and WHEREAS, said plats conform to the laws if the State of Iowa, and the ordinances 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 DUBUQUE, IOWA: Section 1. That the plat dated December 16, 1969, dedicating Lot 2 of City Lot 209, Lot 2 of City Lot 210, Lot 2 of City Lot 211, Lot 2 of City Lot 212, Lot 2 of City Lot 213, Lot 1 of City Lot 214, Lot I of City Lot 215, Lnt 1 of City Lot 215a, Lot 1 of North one-half of City Lot 216, Lot 1 of South one- half of City Lot 216, I.ot I of City Lot 217, and Lot 1 of City Lot 218, 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 accept- ed. Section 2. That the plat dated January 15, 1970, dedicating Lot 1 of North 38 feet 6 inches of City Lot 219, Lot 1 of South 12 feet 9 inches of City Lot 219, Lot I of City Lot 220, Lot 1 of City Lot 221, Lot 1 of City Lot 222, Lot I Of City Lot 223, Lot 1 of City Lot 224, Lot 1 of North 21 feet 3 inch- es of City Lot 225, Lot 1 of South 30 feet 4 inches of City Lot 225. I4t 1 of City Lot 226, I,ot 1 of Regular Session, March 2, 1970 89 City Lot 227, and Lot 1 of City Lot 228, each in the City of Du- buque, Iowa, by Carl F. Bartels, Licensed Professional Civil En- gineer and Land Surveyor, be and the same is hereby approved, and the dedications of said lots for public utilities as the same ap- pears upon said plat, be and the same are hereby accepted. Section 3. That the plat dated January 15, 1970 dedicating Lot 1 of City Lot 229, Lot 1 of City Lot 230, Lot 1 of City Lot 231, Lot 1 of City Lot 232, and Lot 1 of City Lot 233, each in the City of Du- buque, Iowa, by Carl F. Bartels, Licensed Professional Civil En- gineer and Land Surveyor, be and the same, is hereby approved, and the dedications of said lots for public street purposes as Iowa Street together with easements for public utilities as the same ap- pears upon said plat, be and the some are hereby accepted. Section 4. That the plat dated January 16, 1970, dedicating Lot 2 of City Lot 173 and Lot 2 of City Lot 180, each in the City of Du- buque, Iowa, by Carl F. Bartels, Licensed Professional Civil En- gineer and Land Surveyor, be and the same is hereby approved, and the dedications of said lots for public street purposes as West Eighth Street and West Sixth Streets respectfully together with easements for public utilities as the same appears upon said plat, be and the same are hereby ac- cepted. Section S. That the plat dated February 24, 1970, dedicating Lot 2 of City Lot 146 in the City of Dubuque, Iowa, by Carl F. Bartels, Licensed Professional Civil En- gineer and Land Surveyor, be and the same is hereby approved, and the dedication of said lot for pub- lic utilities as the same appears upon said plat, be and the same is hereby accepted. Section 6. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plats for and on behalf of the City of Dubuque, Iowa. Section 7. That the City Clerk be and is hereby authorized and directed to file a copy of this Re- solution 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 2nd day of March, 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. February 27, 1970 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed plats of portions of the Downtown Urban Renewal Project and has found that the plats conform to the Urban Renewal Plan. It is the recommendation of the Planning and Zoning Commission that the following plats be approv ed: Block 9—in Dubuque Downtown Plaza Block 1—in Dubuque Downtown Plaza Block 2—in Dubuque Downtown Plaza Block 3—in Dubuque Downtown Plaza Lot 1 of Block 4, in Dubuque Downtown Plaza Lot 2 of Block 4, in Dubuque Downtown Plaza I.ot 1 of Block 5, in Dubuque Downtown Plaza Lot 2 of Block 5, in Dubuque Downtown Plaza I.ot 1, Lot 2, Lot 3 and Lot 4 each of Block 6, in Dubuque Down- town Plaza Lot 1 of Block 7, in Dubuque Downtown Plaza, all in the City of Dubuque, Iowa. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner 90 Regular Session, March 2, 1970 Councilman Couchman 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. 55.70 Approving Plats 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 Block 9 in Dubuque Downtown Plaza being comprised of Lot 1 of City Lot 173, City Lot 173A, City Lot 174, City Lot 174A, City I.ot 175, City Lot 176, City Lot 176a, City Lot 176B, City Lot 177, City Lot 177A, City Lot 178, City Lot 178A, City Lot 179, and Lot 1 of City Lot 180, 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 Block 1 in Dubuque Downtown Plaza being comprised of City Lot 254 and of City Lot 254A, each in the City of Dubuque, Iowa; and of Block 2 in Dubuque Downtown Plaza being comprised of Lot 1 of City Lot 209, Lot 1 of City Lot 210, Lot 1 of City Lot 211, Lot 1 of City Lot 212, Lot 1 of City Lot 213 and of. City Lot 213A, each in the City of Dubuque, Iowa, and of Block 3 in Dubuque Downtown Plaza being comprised of City Lot 214A, Lot 2 of City Lot 214, Lot 2 of City Lot 215, Lot 2 of City Lot 215a, Lot 2 of North one- half of City Lot 216, Lot 2 of South one-half Lot 216, Lot 2 of City I.ot 217, Lot 2 of City Lot 218, City Lot 218A, South one-half of City Lot 249, North one-half of City Lot 249, South 0 feet 4 inches of South one- half of City Lot 250, North 25 feet 3 inches of South one-half of City Lot 250, South 0 feet 7 inches of North one-half of City Lot 2,50, North 25 feet of North one-half of City Lot 250, South one-half of City I.ot 251, North one-half of City Lot 251, City Lot 252a, City Lot 252, and City Lot 253, each in the City of Dubuque, Iowa, has been exam. ined by the City Council of the City of Dubuque, Iowa; and WHEREAS, a plat of Lot 1 of Block 4 in the Dubuque Downtown 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 Downto%rn Plaza being comprised of Lot 2 of City Lot 246, City Lot 245, City Lot 244, City I.ot 244A, City Lot 244B, Lot 2 of Lot 2 of City Lot 221, Lot 2 of City Lot 222, and I.ot 2 of City Lot 223, each in the City of Dubuque, Iowa; and of Lot 1 of Block 5 in Dubuque Down- town Plaza being comprised of Lot 2 of City Lot 224, City Lot 224A, City Lot 224B, 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 243B, 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 25 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 Dubu- que, Iowa, has been examined by the City Council of the City of Du- buque, Iowa; and WHEREAS, a plat of Lot 1, Lot 2, Lot 3 and Lot 4, each of Block 6 in Dubuque Downtown Plaza being comprised of City Lot 238, City Lot 237, City Lot 236, North one-half of City Lot 235, City Lot 238A, I.ot 2 of City Lot 229, Lot 2 of City Lot 230, Lot 2 of City Lot 231, and Lot 1 of Lot 2 of City Lot 232, each in the City of Dubuque, Iowa; and of Lot l of Block 7 in Dubuque Down- town Plaza being comprised of Lot 2 of Lot 2 of City Lot 232, Lot 2 of Regular Session, March 2, 1970 91 City Lot 233, and City Lot 233A, each in the City of Dubuque, Iowa; and of Lot 2 of Block 7 in Dubuque Downtown Plaza being comprised of City I.ot 234A in the City of Du- buque, Iowa; and WHEREAS, said plats have been examined by the Planning and Zon- ing Commission of the City of Du- buque, Iowa, and have its approval endorsed thereon; and WHEREAS, said plats conform to the laws of the State of Iowa, and the ordinances of the City of Dubuque, governing the subdivis- ion of real estate in the City of Du- buque, Iowa, now therefore BE IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SECTION 1. That the plat of Block 9 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, dated January 3, 1969, by Carl F. Bartels, a Licensed Professional Civil Engineer and Land Surveyor, be and the same is hereby approv- ed. SECTION 2. That the plat of Block 1, Block 2, and Block 3, each in Dubuque Downtown Plaza in the City of Dubuque, Iowa, dated June 20, 1969, by Carl F. Bartels, a Li- censed Professional Civil Engineer and Land Surveyor, be and the same is hereby approved. SECTION 3. 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 Downtown Plaza in the City of Dubuque, Iowa, dated July 10, 1969, by Carl F. Bartels, a Licensed Professional Civil Engine. er and Land Surveyor, be and the same is hereby approved. SECTION 4. That the plat of Lot 1 of Block 6, Lot 2 of Block 6, Lot 3 of Block 6, Lot 4 of Block 6, Lot 1 of Block 7, Lot 2 of Block 7, each in Dubuque Downtown Plaza in the City of Dubuque, Iowa, dated July 10, 1969, by Carl F. Bartels, a Li- censed Professional Civil Engineer and Land Surveyor, be and the same is hereby approved. SECTION 5. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plats for and on behalf of the City of Dubuque, Iowa. SECTION 6. 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 2nd day of March, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Attest: Councilmen Lco F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Coun- cilman Bitter. Carried by the fol. lowing vote: Yeas—Mayor Meyers, Council man Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of In- vitation for Bids, Demolition Con. tract No. 1-70, for demolition of buildings and structures and Site Clearance for the Downtown Ur- ban Renewal Project Iowa R-15, consisting of approximately 22 ma- jor buildings and other improve- ments, 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 Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays --- None. RESOLUTION NO. 56.70 Authorizing the Execution of Demolition Contract No. 1-70 for the Downtown Urban Renewal Project, Iowa R-15. WHEREAS, under date of Jan- uary 19, 1970, the City Council of the City of Dubuque authorized the receiving of proposals for the demolition and site clearance of certain parcels of real estate in the Downtcwn Urban Renewal Project, Iowa R-15; and WHEREAS, invitation for bids for said work was published on 92 Regular Session, March 2, 1970 January 21, 1970, and January 28, 1970, in the Telegraph -Herald, newspaper of general circulation in Dubuque, Iowa; and WHEREAS, invitations for bids were mailed on January 21, 1970, to various contractors; and WHEREAS, eight sealed propos- als were received, opened and read aloud by the City Clerk in Council chambers at 10:00 o'clock A.M.. February 6, 1970; and WHEREAS, the proposal sub- mitted by the apparent low bidder did not include the Bid Guaranty as required by the Contract Docu- ments; and WHEREAS, the next lowest bid- der has met all bidding require- ments, and possesses the technical abilities necessary to perform the services required by the Contract Documents, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That it is hereby found and determined that the failure of the apparent low bidder, H & R Wrecking Company, to sub- mit a Bid Guaranty as required by the Contract Documents disquali- fied said firm from being con- sidered as a qualified bidder. Section 2. That it is hereby found and determined that the awarding of the demolition con- tract to the next lowest bidder, is in the best interests of the City of Dubuque, in undertaking the Downtown Urban Renewal Pro- ject. Section 3. That the City Mana- ger be and is hereby authorized and directed to execute Demoli. tion Contract No. 1-70 on behalf of the City of Dubuque with the F. N. Smith Construction, Inc. and K. W. Gaber Construction Com- pany, for the amount of $110,990. Passed, approved and adopted this 2nd day of March, 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. 57.70 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 Cigarette and Cigarette Papers within said City. Earl Schumacher, 2119 Rhom- berg Avenue, Clara L. Johnson, 1543 Central Avenue, Edward G. Brown, 115 East 22nd Street, Au- brey H. Sheldon, 926 Main Street and Janice M. Bergfeld, 320 Main Street. BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 2nd day of March, 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. 58.70 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. Regular Session, March 2, 1970 93 CLASS "B" BEER PERMIT Donald M. Love, 250 West 6th Street; Mrs. Adele Fens, 210 West 1st Street; Raymond & Leonette McLaughlin, 2222 Central Avenue; Herbert E. Althaus, Sr., 1575 Cen- tral Avenue; Lawrence Schwartz, 500 Rhombreg Avenue; Kenneth Jerome Love, 802 Central Avenue; D. B. Q., Inc., 4th & Locust Street; Fischer Bowling Lanes, Inc. 880 Locust Street; Bridge Restaurant & Lounge, Inc., 31 South Locust Street; Alice Ili. Erschen, 2617 Uni- versity Avenue; Janice Marie Berg- feld, 320 Main Street. CLASS "C" BEER PERMIT Earl Schumacher, 2119 Rhom- berg Avenue; Lucky Stores, Inc., 3033 Asbury Street; Lucky Stores, Inc., 1800 Elm Street. Passed, adopted and approved this 2nd day of March, 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. 54.70 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re- ceived 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 auth- orized to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Donald M. Love, 250 West 6th Street; Mrs. Adele Fens, 210 West 1st Street; Raymond & Lconette McLaughlin, 2222 Central Avenue, Herbert E. Althaus, Sr., 1575 Cen- tral Avenue; Lawrence Schwartz, 500 Rhomberg Avenue; Kenneth Jerome Love, 802 Central Avenue; D.B.Q., Inc., 4th & Locust Street; Fischer Bowling Lanes, Inc., 880 Locust Street; Bridge Restaurant & Lounge, Inc., 31 South Locust Street; Alice H. Erschen, 2617 Uni- versity Avenue; Janice Marie Berg- feld, 320 Main Street. CLASS "C" BEER PERMIT Earl Schumacher, 2119 Rhom- berg Avenue; Lucky Stores, Inc.. 3033 Asbury Street; Lucky Stores, Inc., 1800 Elm 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 2nd day of March, 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. 60.70 WHEREAS, applications for Li- quor 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" COMMERICAL ESTABLISHMENT Eagles Lodge Aerie #568, 6th & Locust Streeet; Janice Marie Bergfeld, 320 Main Street; Flor- ance T. Deutsch, 45 West 13th Street. 94 Regular Session, March 2, 1970 Passed, adopted and approved this 2nd day of March, 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. 61.70. WHEREAS. applications for Li- quor Permits were filed by the within named applicants and they have receiver 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 ordi- nances 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 author -zed to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Eagles Lodge Aerie #568, 6th & Locust Street; Janice Marie Berg- feld, 320 Main Street; Florance T. Deutsch, 45 West 13th Street. Passed, adopted and approved this 2nd day of March, 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. Councilman Bitter moved that the City Attorney be instructed to file and prefect an appeal to the Supreme Court of Iowa and further authorize the City Attorney to con- sult with the Court for purpose of clarification of Court's ruling in the decision rendered by the Dis- trict Court in the case of rezoning of the Washington Neighborhood area. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Mayor Meyers submitted the name of Howard Higley for reap- pointment to the Electrical Appeal Board for a term to 12-31.75 and also the name of James Richard to the Board of Zoning Adjustment to 3-5-75, to replace Mr. Ed. Koerper- ick, recently deceased. Councilman Couchman moved to concur in the Mayor's recommendation. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. March 2, 1970 Wayne Modenhauer, D.D.S. Dear Wayne. Remodeling of City Hall Dubuque, Iowa We had an opportunity today to check the size and spacing of the joists supporting the third floor of the City Hall. Having worked on the conver- sion of the third floor 8 years ago, I was quite sure that we had a good base on which to make im- provements. The floor joists which we inspected were between 23'4" and 3" wide and a full 12" deep. They were spaced 16" on center and were made of northern pine. We estimate on this basis that the joists will carry over 90 pounds per square foot. The Building Code of Dubuque requires that the floor of a busi- ness building should be designed to carry 80 pounds per square foot. Regular Session, March 2, 1970 95 These joists, therefore, would carry the required load. In any building of this age there are unseen elements of the fram- ing system which take time to discover and a thorough examina- tion would be required to provide a complete structural analysis. Our experience with this building, how- ever, indicates that weaknesses which might be uncovered would be relatively easy to overcome be- cause of the simple nature of the building and the ease of excess to the framing members. Your very truly, ROSSITER & HAMM, ARCHITECTS & EN- GINEERS Paul Rossiter Councilman Couchman moved that the communication be entered into the record. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Mayor Meyers moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Mayor Meyers. Carried by the following vote: Yeas Mayor Meyers, Council- men, Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Mr. Charles Scherrer, owner of the Canfield hotel made inquiry as to approval of proposed plans of his parking lot purchased from Urban Renewal. There seemed to be some disagreement as to plans for entrance and exit design to the Proposed parking lot, both from Central Avenue and Fourth Street. Councilman Pregler moved that the Manager be directed to get together with his staff to consult with Mr. Scherrer and his planning representatives to moved toward completion in the best possible haste. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. At 11:30 p.m. Councilman Bitter moved that the Council retire to an executive session to consider prospects for sale of real estate in the Urban Renewal area. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men, Bitter, Couchman, Molden- hauer, Pregler. Nays — None. At 1155 p.m. the Council re- convened in regular session. There being no further business Council- man Pregler 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 July 20,1970 Adopted July 20,1970 City Clerk. Special Session, March 23, 1970 CITY COUNCIL OFFICIAL Special Session, March 23, 1970. Council met at 7:30 p.m. (C.S.T.) Present --Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Absent—City Manager Gilbert 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- ducting a Public Hearing on the Final Adoption of Ordinances cov- ering Rezoning of Various Proper. ties and acting upon such other business as may properly come be- fore a regular meeting of the City Council. Communication of Herbert Gar- tzke of Iowa City submitting sug- gestions as to the removal of the town clock in the Urban Renewal area, presented and read. Mayor Meyers moved that the communi- cation be received and filed and the Urban Renewal Director in- structed to acknowledge. Seconded by Councilman Pregler. Carried by the following vote: cilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Communication of Merchants Mu. tual Bonding Co. submitting Certi. ficate of Author-ty giving permis- sion to conduct their Fidelity and Insurance business in the State of Iowa to April 1, 1971, presented and read. Mayor Meyers moved that the certificate 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. Communication of Board of Park Commissioners advising of a re- quest from the Dubuque County Historical Society that the exterior of the Hamm House Museum is badly in need of painting, present• ed and read. Councilman Couch. man 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 His. torical Society humbly submitting the problem of paint for the Hamm House for consideration, presentee and read. Councilman Molden- hauer moved that the communica. tion be referred to the Park Board to make every effort to have the Hamm house painted. Seconded by Mayor Meyers. Carried by the fol. lowing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Communication of Board of Park Commissioners advising that they have no intention of spending addi- tional man hours and money to pa- trol parks, particulary Allison Hen- derson, other than regular park duty previously in effect, presented and read. Mayor Meyers 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 Loras College, Environmental Symposium, extend- ing an invitation to a symposium on Pollution to be held on April 22, 1970, presented and read. Council- man Pregler moved that the com- munication be referred to the City Manager to inform proper person- nel. Seconded by Councilman Mol- denhauer. Carried by the follow- ing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Communication of Dubuque County Conservation Society ex- pressing thanks for the appearance of City Engineer White at their Ex- ecutive Board meeting held on March 10, 1970 submitting an ac- count of the new Sewage Disposal Special Session, March 23, 1970 plant and on Pollution, 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 Playground and Recreation Commission submit- ting their 1969 activity report, pre- sented and read. Councilman Preg- ler moved that the report be re- ceived and filed. Sconded by Coun. cilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Printed Council Proceedings for the month of December 1969 pre- sented for Council approval. Mayor Meyers moved that the December 1969 Council proceedings be ap- proved as printed. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. March 8, 1970 To the Honorable Mayor and City Council, Gentlemen: Bernard Schupbach, of the Di. vine Word Seminary, submitted a request for the distribution of handbills in the downtown area and from house to house. The handbills are intended to notify the public of a Shakespearean play at the Seminary. Because of the timing of the re- quest, Permit #168 was issued, with restrictions, for distributing the notices March 19th & 20th, 1970. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Meyers moved that the communication be received and fil. ed. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. March 18, 1970 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasur- er, Water Department, as well as a list of claims paid for the month of February 1970. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports 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. Proof of Publication, certified to by the Publisher, of list of receipts and claims for which warrants were issued during February 1970, pre- sented and read. Mayor Meyers moved that the proof of publication 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. March 18, 1970 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have ap- proved the following bonds, and desire to have your approval on same. SIDEWALK Conlon Construction, Co., Mary- land Casualty Company; Raphael H. Strub, Western Surety Company. Respectfully, Gilbert D. Chavenelle City Manager Councilman Couchman moved that the bonds be filed subject to approval of the City Attorney. Seconded by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. March 19, 1970 To the Honorable Mayor and City Council Gentlemen: I request that the City Clerk be authorized to sign city papers on 98 Spacial Session, March 23, 1970 behalf of the city manager during the period March 23 through March 27. These papers will consist largely of purchase orders and payment warrants. Respectfully requested, Gilbert D. Chavenelle City Manager Mayor Meyers moved approval of authorization. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. March 12, 1970 Hon. Mayor & City Council Gentlemen: On February 27, 1970, Marie Green filed claim against the City of Dubuque. Iowa in the amount of $5.00 for damages allegedly occur- ring on February 25, 1970 as the result of her driving over a board in the street in which a nail alleg- edly was imbedded and resulting in a flat tire. Thereafter, said claim was re- ferred to the City Attorney who has made an investigation of this matter and has reviewed pertinent law and finds that there is no act- ionable negligence on the part of the City of Dubuque, and in view of the foregoing, it is the recom- mendation of the City Attorney that the claim of Marie Green be denied. Original claim is returned here. with. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Councilman Bitter. Car. ried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. March 12, 1970 Hon. Mayor & City Council Gentlemen: On February 25, 1970, Veola Rog- ers filed claim against the City of Dubuque alleging injuries on Jan- uary 14, 1970 as the result of a fall at 21st and Central in the City of Dubuque, Iowa and that thereafter said claim was refrred to this writer who made an investigation of said claim and learned that the claimant had suffered a fracture to her right wrist incurring spec. ial damages in the amount of $436.00 and that the City Attorney has been in contact with the car. rier of the abutting property own. er and that said carrier has paid said claim in the amount of $500.00 pursuant to agreement between said carrier and the City Attorney and that release was secured there- by for the City of Dubuque based upon the representation of the City Attorney that he would recom. mend payment to said carrier in the amount of $250.00. Therefore, it is the recommendation of the City Attorney that the City Auditor be instructed to draw warrant in the amount of $250.00 payable to American States Insurance and transmit same to the City Attorney for delivery. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved ap proval of the recommendation. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. March 10, 1970 Hon. Mayor & City Council Gentlemen: On the 28th day of October, 1969, Amelia Ste -cher filed claim against the City of Dubuque alleging per- sonal injuries as the result of a fall on October 18, 1969 and alleging that on said date when she was walking from her home at 1843 White Street to the Donovan's Food Market at 18th and Central and when she crossed the crosswalk at 18th and Central and put her right foot on the curb, her knee gave way and she, being unable to re- gain her balance, fell on her back, and said fall resulting in a fracture of her right hip. Claimant alleges that her foot turned on an unlevel part of the curb where: she stepped on the curb and claims negligence on the part of the City of Dubuque, Iowa. I have made an investigation of this matter, have conferred with Special Session, March 23, 1970 99 the representative of the claimant, Mrs. LeRoy Birch, have examined the site of the alleged incident and it is my opinion that the fall and injuries of Amelia Stecher was due to factors other than the negligence of the City of Dubuque and there- fore recommend denial of said claim. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas—Mayor Meyers, Council men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. March 20, 1970 Hon. Mayor & City Council Gentlemen: On January 22, 1970, Margaret Mulert filed claim against the City of Dubuque, alleging injuries on January 17, 1970 as the result of a fall at 1504 Central in the City of Dubuque, Iowa and that thereafter said claim was referred to this writer, who made an investigation of said claim and learned that the claimant had suffered a fracture to her left wrist incurring medical expenses of $88.00 and the loss of three weeks wages, said wage loss being calculated at the net loss of $115.60; that the City Attorney has been in contact with the carrier of the abutting property owner and that said carrier has paid said claim in the amount of $210.00 pur- suant to agreement between said carrier and the City Attorney and that release was secured thereby for the City of Dubuque based up- on the representation of the City Attorney that he would recommend payment to said carrier in the amount of $110.00. Therefore, it is the recommendation of the City Attorney that the City Auditor be instructed to draw warrant in the amount of $110.00 payable to American States Insurance and transmit the same to the City At- torney for delivery. Original claim is returned here- with. Respectively submitted, 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 personal in- jury and wrongful death of Gerda Juno Admr. of Estate of Louise Huebner, as the result of a fall by Louise Huebner on an icy side- walk on the north side of Ninth Street between Main and Iowa Streets on January 26, 1970, in the amount of $25,000 presented and read. Councilman Couchman moved that the notice of claim by re- ferred 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- hauer, Pregler. Nays — None. Notice of Suit of Dale J. Furry, in the amount of $10,000 for per- sonal injuries received in a fall on an icy sidewalk at East 15th Street, between Central and White Streets on December 15, 1969, pre- sented and read. Councilman Couchman moved that the notice of suit be referred to the City Solicitor for investigation and re- port. 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 Tom J. Weig of 1868 Keyway Drive, in an esti- mated amount of $700. for ex- pense incurred as the result of a broken service line, which al- legedly dates back to the time of installation some two years ago, leakage of line noticed on March 15, 1970, presented and read. Councilman Couchman moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Mevers, Council- men Bitter, Couchman, Molderl- hauer, Pregler. Nays — None. 100 Special Session, March 23, 1970 Notice of Petition by William Becker & Sons Stone Company re- questing the issuance of a Writ of Mandamus forthwith ordering the City of Dubuque to issue a blast- ing permit as applied for on Janu- ary 27, 1970, presented and read. Councilman Couchman moved that the notice of petition be referred to the City Solicitor for investi- gation and report. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Notice of claim of Delbert G. Miller, in the amount of $175. for property damage incurred as the result of a backed -up sanitary sewer at 1933 Pierce Street on March 7, 1970, presented and read. Councilman Couchman moved that the notice of claim 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- hauer, Pregler. Nays — None. Notice of Claim of William A. Conzett, in the amount of $128. for personal property damage in- curred as the result of a backed - up sanitary sewer at 1933 Pierce Street on March 7, 1970, presented and read. Councilman Couchman moved that the notice of claim 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- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public hearing to consider rezon- ing of Lot 1 of 1 of Byrnes Sub., Lot 2 of 1 of Lots 24 and 25 in Bonson & Stewarts Sub., Lot 2 of 2 of Byrnes Sub., Lot 2 of 1 of 2 of Byrnes Sub., Lots 1, 2, 3, 4 and 5 of Byrnes Sub. No. 2 and Lot 1 of 1 of 2 of Byrnes Sub, from Multiple Residence District Classi. fication to Local Business "B" clas. sification, presented and read. No written objections were filed and no oral objectors were pre• sent at the time set for the public hearing. Mayor Meyers moved that the proof of publication be receiv. ed and filed. Seconded by Council. man Pregler. Carried by the foilow. Ing vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden• hauer, Pregler. Nays — None. ORDINANCE NO. 670 An Ordinance amending and changing Ordinance No. 3.34 known as the "Zoning Map and Zoning Ordinance of the Citv of Dubuque, Iowa" so as to change certain property hereinafter de• scribed from "Multiple Residence District' classification to "Local Business "B" classification. (Sch. Iltz property—Dodge & Bryant) said Ordinance having been prev- iously presented and read at Coun- cil meeting of February 16, 1970, presented for Final Adoption. ORDINANCE No. 6.70 AN ORDINANCE AMENDING AND KNOWNNAS HE ORDINANCE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA" SO AS TO CHANGE CERTAIN PROPERTY HEREINAFTER DESCRIBED FROM "MULTIPLE RESI. ATION TOO LOCALS8US NESSC"B" DISTRICT" CLASSIFICATION. NOW 'THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section1. That Ordinance No 3.3/ known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa be and the same Is hereby amended by changing from 'Multiple Residence DIs- trict" Classification to "Local Business "B" District" classification the follow - Ing real estate to -wit: Lot 1 of 1 Byrnes Subdivision, Lot 2 of 1 of Lots 24 and 25 In Bonson b ofeBySSblisLL2f Lot 2 rnesubdlvlon ot2 of Lot 1 of Lot 2 of Byrnes Su6cilvlsion, Lots 1, N0. 2 andnLot 1 fofaLoteI Subdivision Byrnes Subdivision all In the Clty of Dubuque, Iowa. Section 2. That the foregolno amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved end adopted this 23rd day of March, 1970. Donald R. Mayen Mayor Walter A. Pregler Wayne A. Muldenhauer Gaylord M. Couchman jr CounclknM► ATTEST: Leo F. Frommelt City Clerk Publlstied officially In The Telegraph. Herald Newspaper this 261h day Of March 1970. Leo F. Frommelt City Clerk. It. 3/26 Mayor Meyers moved final adrip- tion of the Ordinance. Seconded Special Session, March 23, 1970 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 notice of pub- lic hearing to consider amending the Zoning Ordinance so as to zone and classify recently annexed ter- ritory to the City of Dubuque as a Multiple Residence District of Lot 1 of NEY4 NWI/4, Lot 1 of SEI,a NWY4, Lot 1 of NEN SWu4, Sec- tion 28, Twp. 89 North range 2 E of the 5th P.M. 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 Pregler moved that the proof of publication be received and fil- ed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 7.70 An Ordinance Zoning and class- Ifying recently annexed territory to the City of Dubuque, Iowa, as ""Multiple Residence District' which real estate is hereinafter described, (RET Corporation) said Ordinance having been prey. iously presented and read at the Council meeting of March 2, 1970, presented for final adoption. ORDINANCE NO. 7.71 AN ORDINANCE ZONING AND CLASSI- FYING RECENTLY ANNEXED TERRI- TORY TO THE CITY OF DUBUQUE IOWA AS A "MULTIPLE RESIDENCE` DISTRICT" WHICH REAL ESTATE IS HEREINAFTER DESCRIBED. WHEREAS, the real estate hereinafter described was recently annexed to, and became a part of, the City of Dubuque. Iowa by resolution of the City Council passed, adopted and approved at its meeting on February 2. 1970 and which annexation was upon voluntary petitlon of the petitioner, namely RET CORPOR- ATION, an Illinois corporation; and WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa has approved and recommended that said territory recently annexed and h4reinefter described be zoned and classified s, a "Multiple Residence Dis- trict." NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Secllon 1. That the following described real estate, to -wit: Lot 1 o1 NEt.4 of NWIA, Lot 1 of SEI,: of NWIh, Lot 1 of NEW of SWI,:, all In Section 20. Township 89 North, Range 2, East of the 5th P.M. In the City of Dubuque, Iowa be and the same Is hereby classified lid zoned as a "Multiple Residence Dis- trict 1, 101 Passed, auproved and adopted this 23rd day of March, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Mnldenhauer Gaylord M. Couchman Joseph J. Bitter ATTEST: Councilmen Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 26th day of March 1970. Leo F,Frommelt It. 3126 City Clerk, Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Councilman Bitter. Car- ried by the following vote: Year -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. Second- ed by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Attorney Carl Riley addressed the Council by expressing thanks and appreciation in behalf of RET Corporation of Moline, Ill., for the fine and courteous treatment af- forded them by all departments of the City in the acquiring and re- zoning of the recently annexed property across from the new Hempstead High School. ORDINANCE NO. 9.70 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 described as the NEly. 36' of Lot 20 in Cook's Addn. in the City of Dubuque, Iowa, from "Local Business" a "District" classification to "Local Business "B" District" classifica- tion, (Wareco property—Rhom- berg 3 Windsor) 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. Special Session, March 23, 1970 Cruncilman Bitter moved that ..hc rule requiring an Ordinance to Se read on three separate days be waived. 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 a public hearing be held on the Ordi- nance on April 13, 1970, at 7:30 p. m. in the Council Chamber at the City Hall and the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 10-70 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 Lot 1 and Lot 2 in Westchester Sub. No. 2, and Lot 26, and Lots 32 thru 36 in Block 12 in West. chaster Sub. from "Two Family Residence District" classification to "Multiple Residence District' classification, 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 separate days be waived. 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 a public hearing be held on the Ordi- nance on April 13, 1970 at 7:30 o'clock 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 manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 11.70 An Ordinance Amending Ordi. nance No. 33-49 known as the Traffic Code of Dubuque, Iowa, as Amended, by repealing Subsection 14 of Section C of Schedule VIII and repealing subsection 14 of Section D of Schedule VIII and Repealing Subsection 22 of Sec. tion D Schedule VIII thereof which repeals the prohibited parking of Motor Vehicles between the hours of 1:00 A.M. and 6:00 A.M. on Tuesdays and Thursdays on the north side of Loras Boulevard from Bluff Street to Central Ave- nue, on Mondays and Fridays on thee south side of Loras Boule- vard from Bluff Street to Central Avenue and on Mondays and Fri- days on the south side of East Twentieth Street from Central Avenue to Elm Street, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. Councilman Couchman moved that the rule requiring an Ordi- nance to 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. ORDINANCE No. 11.70 NO. 33-49 KNON O WNAS T C CODE OF DUBU01 IONM14 OFD SECTIONS CLI 'ION 1I4I OF NSECTIONE 0 I E Vill AND__ REPEAL.I TDAI AVFNUF ON I FRIDAYS ON THE SC LOVAS BOULEVAQD STREET TO CENTRAL Special Session, March 23, 1970 103 ON MONDAYS AND FRIDAYS ON THE SOUTH SIDE OF AST TWENTIETH STREET FROM CEN RAL AVENUE TO ELM STREET. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33.49 known as the "Traffic Code of Dubuque. Iowa" as amended, be and the same Is hereby amended by repealing subsection 14 of Section C of Schedule VIII and re- pealing Subsection 14 of Section D of Schedule Vill and by repealing Subsec- tion 22 of Section D of SchedulA VIII thereof be and the same Is hereby re- pealed. Passed, approved and adopted this 23rd day of March, 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 -Her. aid Newspaper this 271h day of March 1970. Leo F. Frommelt City Clerk. It. 3127 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. ORDINANCE NO. 12.70 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by Repealing Sub- section 7 of Section A of Sche- dule VIII thereof and by Enacting a New Subsection 7 of Section A of Schedule VIII in lieu There- fore to Prohibit the parking of motor vehicles on Iowa Street from West Tenth Street to West Seveenteenth Street on Certain De- signated days and hours, present- ed 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 an Ordi- nance to he read on three sepa- rate days be waived. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- bauer, Pregler. Nays — None. ORDINANCE No. 12.70 NOW THEREFORE BE IT ORDAIW ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same Is hereby amended by repealing Subsection 7 of Section A of Suredule VIII thereat and enacting a new Subsection 7 to Sec. flon A of Schedule VIII In Ileu thereof as follows: Schedule VIII A On Tuesday, Thursday or Satur- day, on the east side of the follow - Ing portions of the following streets: 7. Iowa Street from West Tenth Street to West Seventeenth Street. Passed, approved and adopted thls 23rd day of March, 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 -Her - aid Newspaper this 27th day of March 1970. Leo F. Frommelt City Clerk. It. 3/27 Councliman 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. ORDINANCE NO. 1370 An Ordinance Amending Ordi- nance No. 3349 known as the "Traffic Code of Dubuque, Iowa" as Amended by Repealing Subsec- tion 7 of Section B of Schedule VIII and By Enacting a New Sub- section 7 of Section B of Schedule VIII to Prohibit the parking of motor vehicle on Iowa Street from West Second Street to West Fourth Street and from West Tenth Street to West Seventeenth Street on certain designated days and hours, presented 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. 104 Special Session, March 23, 1970 Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Coucmhan, Molden- hauer, Pregler. Nays — None. ORDINANCE Ne. 13.70 DNo. 33-49 AMENDING AS OTHE IC C O D E OF DUBUQUE kS AMENDED BY REPEALIN9 TION 7 OF SECTION B OF LE VIII AND BY ENACTING SUBSECTION 7 OF SECTION RKIENG OF MOTOR VEHHIBIT ICLES CLES TREETEETOF WEST EFOURTH TTENTH WET SEVENTEENTHEH ON CERTAIN DESIGNATED NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUEIOWA: Section 1. That Ordinance No. 33.49 known as the 'Traffic Code of Dubuque, Iowa" as amended be and the same Is hereby amended by repealing Subsection 7 of Section B of Schedule Vill and enacting a new Subsection 7 to Section B of Schedule Vill thereof as follows: Schedule VIII B. On Monday, Wednesday or Fri. day on the west side of the fol- lowing Portions of the following streets: 7. Iowa Street from West Sec- ond Street to West Fpurth Street and from West Tenth Street to West Seventeenth Street. Passed, approved and adopted this 23rd day of March, 1970. Donald R. Meyers Mayor Welter A. Pregler Wayne A. Moldenhauer eYlord M. Couchman oseph J. Bitter ATTEST: Councilmen Leo F. Frommelt City Clerk Published officially In The Telegraph -Her- ald Newspaper this 27th day of March 1970. Leo F. Frommelt It. 3/27 City Clerk. 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. ORDINANCE NO. 1470 An Ordinance Amending Ordi- nance No. 33-49 known as the. "Traffic Code of Dubuque, Iowa" as Amended, by Repealing Sub- section (d) of Schedule VII and enacting a new Subsection (d) to Schedule VII in Lieu thereof to prohibit the parking of vehicles in the alley between Central Avenue and Iowa Street from West Tenth Street to City Hall property and from West Thirteenth Street to West Seventeenth Street, present. ed 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. haver, Pregler. Nays — None. Councilman Couchman moved that the rule requiring; reading of an Ordinance 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. ORDINANCE Ne. 14.79 )INANCE AMENDING V ) TO SCHEDULE II IN LIEU TO TO PROHIBI THE PARK- ING OF VEHICLES IN THE ALLEY BETWEEN ESTREE7N FROM WEST TENTH STREET TO CITY HALL PROPERTY AND FROM WEST THIRTEENTH STREET TO WEST SEVENTEENTH S NOW TtHEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33.49 known as the "Traffic Code of Dubuque, Iowa," as amended be and the same Is hereby amended 6yrepealing Subsec- tion (d) of Schedule VII and enacting a new Subsection (d) to Schedule VII thereof as follows: Schedule VII. d. In the alley between Central Avenue and Iowa Street from West Tenth Street to City Hall Property and from West Thir. teenth Street to West Seventeenth Street. Passed, approved and adopted this 23rd day of March, 1970. Donald W Meyers Mayor Welter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Telegraph -Her- ald Newspaper this 27th day of March 1970. Leo F. Frommelt City Clerk. It. 3/27 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. Special Session, March 23, 1970 105 ORDINANCE NO. 15.70 An Ordinance Amending Ordi. nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing subsec- tion (c) of Section 1 of Schedule I and enacting a new Subsection (c) of Section 1 of Schedule I in lieu thereof to provide that traf- fic shall move northerly only on Iowa Street from West Tenth Street to Loras Boulevard, present- ed 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 an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyer, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 15.70 AN ORDINANCE AMENDING ORDI- NANCE No. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY REPEALING SUBSECTION (c) OF SECTION 1 OF SCHEDULE I AND ENACTINr: A NEW SUBSECTION (c OF SECTION 1 OF SCHEDULE I It LIEU THEREOF TO PROVIDE THAT TRAFFIC SHALL MOVE NORTHERLY ONLY ON IOWA STREET FROM WEST TENTH STREET TO LORAS BOULEVARD. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That Ordinance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as emended, be and the same Is hereby amended by repealing Subsection (c) of Section 1 of Schedule I and by enacting a new Subsection (c) of Section 1 of Schedule I In lieu thereof as follows: Schedule I 1. Traffic shell move northerly only: c. On Iowa Street from West Tenth Street to Loras Boulevard. Passed, approved and adopted this Yard day of March, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter ATTEST: Councilmen Leo F. Frommelt City Clerk Published officially In The Telegraph -Her- ald Newspaper this 27th day of March 1970. L.00 F. Frommelt It. 3/27 City Clerk. 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. ORDINANCE NO. 16.70 An Ordinance Amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing subsec- tion (a) of Section I of Schedule I and enacting a new Subsection (a) of Section I of Schedule I in lieu thereof to provide that traffic shall move northerly only in the alley between Iowa Street and Central Avenue from West Tenth Street to Loras Boulevard, present- ed 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 an Ordi- nance to be read on three sepa- rate dans be waived. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. (OORDINANCEBNo. III,-" ) 'OrNI AUrF AMENDING 1 N LEY BETWttn tvwn a,- TENTHASTREETNTO LORAS B ULFOM E YARD NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended be and the same Is hereby amended by repealingp Subsec- tion (a) of Section 1 of Schetlule 1 and by enacting a new Subsection (a) of Sec- tion 1 of Schedule 1 In lieu thereof as follows: Schedule I 1. Traffic shell m&Ileove northerly only: a.In end n Iowa Cenlre Avenue from West Tenth Street to Loras Boulevard. 106 Special Session, March 23, 1970 Passed, approved and adopted this 23rd day of March, 1970, Donald R Meyers Mayor Welter A Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Tele9raPh•Her- aid Newspaper this 27th day of March 1970. Leo F. Frommelt City Clerk. It. 3/27 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. ORDINANCE NO. 17.70 An Ordinance Amending Ordi- nance No. 3349 known as the "Traffic Code of Dubuque, Iowa", as Amended, by enacting a new subsection 18 to Section 18 of Sec- tion A of Schedule III thereof to provide that eastbound and west- bound vehicles on Hillcrest Road must stop before entering the in- tersection of Keyway and Hillcrest Road, 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 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- hauar, Pregler. Nays — None. ORDINANCE No. 17-79 AN ORDINANCE AMENDING ORDI. ANCE No. 33.49 KNOWN AS THE TRAFFIC COD OF DUBUOUE, IOWA," AS AMEN ED, BY ENACTING A NEW SUBSECTION 18 TO SECTION A OF SCHEDULE III THEREOF TO PROVIDE AVEHICLESOOND HILL, CRESTROAD MUST STOP BEFORE ENTERING THE INTERSECTION OF KEYWAY AND HILLCREST ROAD. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: si0stT TOrdinance vknownahe rafi[df Oubuaue e is heryeby amended by enacting be. and the new Sub section 10 to Section A of Schedule III thereof as follows: Schedule 111. A. Eastbound and West -bound vs. hlcles must stop before entering the Intersection of: 18. Hillcrest Road and Keyway. Passed, approved and adopted this 23rd day of March, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauar Gaylord M. Couchman Joseph J. Bitter Councilmen ATTEST: Leo F- Frommelt City Clerk Published officially In The Telegraph -Her. aid Newspaper this 27th day of March 1970. Leo F. Frommelt City Clerk. 1t. 3/27 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. ORDINANCE NO. 18.70 In Ordinance Amending Ordi- nance No. 33.49, known as the "Traffic Code of Dubuque, Iowa as amended by repealing Section 99 of Schedule VI thereof and en- acting a new section 99 to Sche- dule VI in Lieu thereof to pro- hibit parking of motor vehicles on the west side of Iowa Street from Second Street to First Street and both sides of Iowa Street from Fourth Street to Tenth 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 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 sepa- rate days be waived. Seconded by Councilman Bitter. Carried by thee following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Mu;uen haver, Pregler. Nays — None. ORDINANCE NO. lila AN ORDINANCE AMENDING ORDI- NANCE No. 33-/9 KNOWN AS THE TRAFFIC C 0 D E OF DUBUQUE IOWA" AS AMENDED, BY REPEALING SECTION 99 OF SCHEDULE VI THEOF RE 4q TONSCHEDULE NVI INNLIEUSTHER N OF TO PROHIBIT THE PARKI O 0 Special Session, March 23, 1970 107 MOTOR VEHICLES ON THE WEST SIDE OF IOWA STREET FROM SEC- OND STREET TO FIRST STREET AND BO N SIDES OF IOWA STREET FROM FOURTH STREET TO TENTH STREET. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49, as emended, known as the "Traffic Code of Dubuque, Iowa" be and the same Is hereby emended by repealing Section 99 of Schedule VI thereof and enactina e new Section 99 to Schedule VI In lieu thereof as follows: Schedule Vl. 99. On the west side of Iowa Street from Second Street to First Street and both sides from Fourth Street to Tenth Street. Passed, approved and adopted this 23rd day of March, 1970. Donald R. Meyers Mayor Welter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bluer Councilmen ATTEST: Leo F. Frommelf City Clerk Published officially In The Telegraph -Her- ald Newspaper this 27th day of March 1970. Leo F. Frommelf City Clerk. I t. 2/27 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. Petition of The Finley Hospital requesting that the week of April 4th to 11th be proclaimed "Finley Hospital Week", presented and read. Mayor Meyers informed the Council that the proclamation had been issued and Councilman Preg- ler moved that the petition 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. Petition of Peoples Natural Gas requesting permission to excavate at 2085 Lincoln Ave., presented and read. Mayor Meyers moved that the petition be approved. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate on South Locust to abandon service line of Eagles Super market, pre- sented and read. Mayor Meyers moved approval of the petition. Seconded by Councilman Couch- man. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler, Nays—None. Petition of Jack Alan Stevens re questing permission to purchase Lot 2 of 1 of 2 of George Jecklin Farm, bordering Coates Street, presented and read. Councilman Bitter moved that the petition be referred to the Planning & Zoning Commission. Seconded by Council. man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Petition of Harry A. Koch Co. re- questing a progress report on Haw- kins Construction Co., Korshoj Construction Co. Inc., contract bond in the construction of Waste Water Treatment Facilities, pre- sented and read. Mayor Meyers moved that the petition be referred to the Engineering Department for execution. 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 Jack Aird et al re- questing that the proposed con- struction of a sanitary sewer on the east side of John F. Kennedy Road be installed in the ditch rather than to the rear of homes, present- ed and read. Councilman Pregler moved that the petition be referred to the City Engineer. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Mr. John Kohnen of 3038 Ken- nedy Road addressed the Council relative to the petition and also to City Engineer White. The City Engineer seemed to be agreeable to installing the sewer in the ditch which could be accomplished with- in the next three months. Petition of Midwest Developers requesting that if the City would 108 Special Session, March 23, 1970 furnish pipe for the construction of a storm sewer from the south side of Pennsylvania Avenue to the west side of J. F. K. Road they in turn would pay for cost of installation, presented and read. Councilman Couchman moved that the petition be referred to the City Manager and City Engineer for investigation and report. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Frank E. Kelly re- questing rezoning of Lot 2 of 2 of I of 2 of 1 of 2 of I of 1 of M. L. 67 from Two Family to Multiple Fam- ily District Classification, present- ed and read. Councilman Bitter moved that the petition be referred to the Planning & Zoning Commis- sion for investigation and report. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Carl Ihrcke et al (206 signatures) requesting the enact- ment of an Ordinance to close Al- lison Henderson Park at 11:00 p.m. daily, presented and read. Councilman Moldenhauer moved that the petition be referred to the City Solicitor to draw up an Ordi- nance to have 11:00 p.m. closing time at Allison Henderson Park. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Mulden- hauer, Pregler. Nays—None. Mr. Daniel E. Green of the Uni- versity of Dubuque and Thos. J. Kress, no address given, were of the opinion that this would be an oppressive thing. Police Chief Lu- cas was of the opinion that 11:00 o'clock is a very reasonable time. Mrs. R. J. Buelow suggested that a definite closing time be enacted. Recreation Director Slattery cau- tioned that the Allison Henderson building is open to various groups as late as 12:00 p.m. Councilman Bitter moved an amendment to the original motion that the City Solicitor be instruct- ed to furnish an opinion of validity on the proposed Ordinance and also that he provide suggested al- ternatives. Seconded by Council. man Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays_—None. After considerable additional dis- cussion Councilman Pregler moved that discussion be closed. Second• ed by Councilman Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Moldcn- hauer, Pregler. Nays—None. Petition of Canfield Hotel Inc. re- questing definite action on the area purchased from Urban Renewal for parking lot purposes, and further requesting that if Plan No. 2 as they have submitted in their letter of March 19, 1970 is not acceptable that they would be interested in the return of their money, present- ed and read. Mr. Gent Wittenberg., Urban Re- newal Director, was called upon to submit his observations up to the present time. His basic objection was that no screening has been pro- vided for the cars on the parking lot, and no final construction plan has ever been submitted. Mr. Charles Scherrer, owner of the Canfield Hotel, stated that if plan No. 2 is not acceptable he will not be able to meet the demands Councilman Moldenhauer moved that the Urban Renewal Depart. ment refund the money to the Can. field Hotel Corporation. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, council. men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Karl J. Ball request. ing a refund of $25. on the unex. pired portion of cigarette license No. 92, as he has discontinued busi- ness on February 10, 1970, present- ed and read. Mayor Meyers mov- ed that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Special Session, March 23, 1970 109 Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Clara L. Johnson re. questing a refund of $25. on the unexpired portion of cigarette li- cense No. 64, as she has discon- tinued business on March 4, 1970, presented and read. Mayor Meyers moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Edward G. Brown re- questing a refund of $25. on the unexpired portion of cigarette li- cense No. 270, as he has discon. tinued business on March 4, 1970, presented and read. Mayor Mey. ers moved approval of the refund and the Auditor instructed to issue proper warrant. Seconded by Coun. cilman 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 Amendment of Current Budget CORRECTED NO- TICE, Record of Hearing and Cer. tificate to Amend Current Budget, 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. Coun- cilman Pregler moved that the proof of publication be received and filed. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Crouchman, Molden. hauer, Pregler. Nays—None. RESOLUTION NO. 62.70 A Resolution to Correct Public Safety Fund in the Amended Budget approved by the City Council on February 2, 1970. WHER.F:AS the current operating budget was amended by Council approval on February 2, 1970; WHEREAS the amount of the Emergency Levy account of $93,- 944.00 was included in the Publir Safety Fund and as a result the Public Safety Fund was increased from $1,793,654.00 to $1,797,279.00 and so presented to the office of State Comptroller; WHEREAS the office of the State Comptroller deemed this tn be ir, error and suggested publica. tion of a new date of hearing on the budget as amended to reflect proper figures in the Public Safety Fund, exclusive of the item of $93,• 944.00 in the Emergency Levy Fund: WHEREAS notice of public hear- ing has been published on March 5, 1970 and the City Council met in special session this 23rd day of March 1970 for the purpose of hearing any and all objections; WHEREAS no written objections were filed and no oral objectors were present in the Council Cham- ber at the time set for the public hearing. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Public Safety account be corrected to show an increase of expenditures from $1,699,710.00 to $1,703,335.00 and that same be ap- proved and so filed with the office of the State Comptroller and the County Auditor. Passed, adopted and approved this 23rd day of March 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 Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nay&—None. 110 Special Session, March 23, 1970 Extract from the Minutes of a Special Meeting of the City Coun- cil of the City of Dubuque, Iowa held on March 23, 1970. The following Resolution was in- troduced by Councilman Couch- man, read in full and considered; seconded by Councilman Bitter. On roll call the vote was: Yeas—Mayor Donald R. Meyers, Councilmen Joseph J. Bitter, Gay- lord M. Couchman, Wayne A. Mold- enhauer, Walter A. Pregler. Nays—None. RESOLUTfON NO. 63-70 Resolution Adopting and Approv. ing the Execution of an Accept. ance of a grant offer from the Chief, Airports Division, Central Region of the Federal Aviation Administration for the United States of America to the City of Dubuque, Iowa, for the purpose of obtaining Federal Aid in the Development of the Dubuque Municipal Airport, under Project No. 9.13.020.7012. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the City of Du- buque, Iowa, shall for the purpose of obtaining federal aid in the de- velopment of the Dubuque Munici. pal Airport, enter into a Grant Agreement with the United States of America by executing an accept- ance of a Grant Offer from the Federal Aviation Administration, acting for the United States of America, to the City of Dubuque, and that such Grant Offer shall be set forth hereinbelow under Sec- tion 4. SECTION 2. The City of Dubu- que, Iowa, does hereby ratify and adopt all statements, representa- tions, warranties, covenants, and agreements contained in the Pro. ject Application and in the non- discrimination assurances incorpor- ated in the said Grant Offer. SECTION 3. That the Airport Commission of the City of Dubu. que, acting through its officer or officers designated by it to so act, hereby authorized and directed to execute the acceptance of said Grant Offer on behalf of the City of Dubuque, Iowa. SECTION 4. That the Grant Of. fer referred to hereinabove shall be as follows: Refer to Record for Complete Grant Agreement. ' Blacktop Runway - $1.35,000. March 2, 1970 To the Honorable Mayor and City Council Gentlemen: The installation of the Traffic Signals and Street Lights on Iowa Street from the south property line of Fourth Street to the north prop. erty line of Tenth Street has been completed in accordance with the plans and specifications by the Moldt Electric Service of Dubuque, Iowa. The installation of three street lights could not be completed due to conflicting construction in the Urban Renewal Area. These will be installed late this spring at the bid prices stated in the Contract for the respective items of work. Total anticipated cost is $1,468.80. The remainder of all the work on the contract is completed and I recommend the improvement be accepted. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. FINAL ESTIMATE Resolution No. 6470 WIIEREAS, the contract for the Traffic Signals and Street Lights on Iowa Street from the Spl of 4th Street to the Npl of 10th Street 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 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 $69,900.75. That none of the cost thereof shall be assessable private property and $69,900.75 shall be paid from the Road Use Tax and Utilities Funds of the City of Dubuque. Special Session, March 23, 1970 111 Passed, adopted and approved this 23rd day of March 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 Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman. Molden- hauer, Pregler. Nays --None. (A Resolution Accepting Improve- ment.) RESOLUTION NO. 65-70 WHEREAS, the contract for the Traffic Signals and Street Lights on Iowa Street from the south property line of 4th Street to the north property line of 10th Street. 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- tact, 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 re- alized from Road Use Tax and Util- ities Fund upon the above describ- ed improvement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 23rd day of March, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph .l. Bitter Attest: Councilmen Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. RESOLUTION NO. 66-70 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. Paul Fasbach, 2245 John F. Ken- nedy Road BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 23rd day of March, 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 ad- option 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. 67-70. WHEREAS, applications f or 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 Florance Deutsch, 45 West 13th Street, Aristo Foods of Iowa, Inc., 1111 Dodge Street, George Sorensen, 1105 University Ave- nue, Earl R. Ackerman, 200 Main Street, Michael R. Chalder, 1091 Main Street. 112 Special Session, March 23, 1970 CLASS "C" BEER PERMIT Lucky Stores, Inc., 3049 Asbury Street, William White, 1993 As- bury Street, Earl Schumacher, 2204 Central Avenue. Passed, adopted and approved this 23rd day of March, 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. 68-70. 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 Florance Deutsch, 45 West 13th Street, Aristo Foods of Iowa, Inc., 1111 Dodge Street, George Sorensen, 1105 University Ave. nue, Earl R. Ackerman, 200 Main Street, Michael R. Chalder, 1091 Main Street. CLASS "C" BEER PERMIT Lucky Stores, Inc., 3049 Asbury Street, William White, 1993 As. bury Street, Earl Schumacher, 2204 Central Avenue. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 23rd day of March, 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- meen Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 69-70. WHEREAS, application for Li- quor Permits have been submitted to this Council for approval and the same have been examined, I 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— I CHAPTER 123 --as amended by the 60th General Assembly, 1963. CLASS "C' COMMERCIAL ESTABLISHMENT George Sorensen, 1105 University Avenue, Michael R. Chalder, 1091 Main Street. CLASS "B" HOTEL LICENSE Earl A. Ackerman, 200 Main Street. Passed, adopted and approved this 23rd day of March, 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. Special Session, March 23, 1970 113 RESOLUTION NO. 70.70. WHEREAS, applications for Li- quor 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 George Sorensen, 1105 University Avenue, Michael R. Chalder, 1091 Main Street. CLASS "B" HOTEL LICENSE Earl R. Ackerman, 200 Main Street. Passed, adopted and approved this 23rd day of March, 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 m o v e d 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. Councilman Moldenhauer sub- mitted a written report on the Congressional City Conference of the National League of Cities held on March 8 to 10, 1970 at the) Washington Hilton Hotel in Wash ington D.C. Councilman Pregle moved that the report be received and filed and copies mailed to members of the City Council. Se- conded by Councilman Couchman. 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 directed to prepare a suitable resolution al- lowing the City to enter into plan. ning of a joint law enforcement facility with the County and that the City Council go on record as being in favor of a joint City - County law enforcement facility and to that end authorize and in- struct the City Manager to initiate any and all steps necessary in guiding the City Council in taking the necessary steps in that direc. tion. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas— Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. There being no further business Coucilman Couchman moved to ad- journ. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. Leo F. Frommelt City Clerk Approved .......... July .... 20197o Adopted ...........Ju1y... ?91970 a. i .. ........ Councilmen Atter... .................................... City Clerk Regidar Session April 6, 1970 115 BOARD Of HEALTH OFFICIAL Regular Session, April b, 1970 Board met at 7:15 P.M. (C.S.T.) Present — Chairman Donald R. Meyers, Messrs. Joseph J. Bitter, Gaylord M. Couchman, Wayne A. Moldenhauer, Walter A. Pregler. Dr. Kenneth K. Haslet. Considerable discussion was held relative to combined health service between the City, County and School and V.NA. Dr. Hazlet was of the opinion that if the City would underwrite it, nothing but good could eventually come from it, after all facets of the com- bined program have been studied. Dr. Hazlet was highly pleased with the results of the Rubella cam- paign and again thanked everyone concerned. There being no further business Chairman Donald R. Meyers moved to adjourn. Seconded by Mr. Jo- seph Bitter. Carried by the follow- ing vote: Yeas — Chairman Donald R. Meyers, Messrs. Joseph J. Bitter, Gaylord M. Couchman, Wayne A. Moldenhauer, Walter A. Pregler. Nays — None. Leo F. Frommelt Clerk Board of Health Approved .... July 20,1970 Adopted ........ July 20,1970 _..__ ................._...................................... . Members Board of Health Clerk Board of Health 116 Regular Session April 6, 1970 CITY COUNCIL OFFICIAL Regular Session, April 6, 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. Chavenelle. Mayor Meyers 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. April 1, 1970 To the Honorable Mayor and Members of the City Council In accordance with the provis- ions of Chapter 365 of the 1966 Code of Iowa, as amended, the Civil Service Commission conduct. ed entrance examinations on Feb. ruary 25, 1970 to a group of ap. plicants seeking positions on the Fire Department. The following named applicant passed both the written and phy- sical examination and is hereby certified for appointment to the Fire Department, Fitschen, Michael J. 72.5% Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan LeRoy H. Giles Civil Service Commission Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 1st day of April, 1970. Eugene J. Berens Notary Public Mayor 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 Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler, Nays — None. To the Honorable May P wide 1970 Members of the City Council In accordance with the provis- 1 ions of Chapter 365 of the 1966 Code of Iowa, as amended, the Civil Service Commission conduct. ed entrance examinations on Feb. ruary 25, 1970, to a group of ap- plicants seeking positions on the Police Department. The following named applicants passed both the written and phy- sical examinations and are hereby certified for appointment to the Police Department. Naert, Douglas B. 88T DeBolt, David 82%0 Brosnahan, William C. 79% Kennedy, Leo J. 73% Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan LeRoy H. Giles Civil Service Commission Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 1st day of April, 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 Bitter, Couchman, Molden. hauer, Pregler. Nays — None. Communication of United Fund of Dubuque having recently adopt. ed a recommendation that the Community Services Planning Committee provide support to fu- ture efforts toward reorganizing and centralizing Community Health programs by the City, County, School Systems of V.N.A. inviting comments and exploring interest in attending a joint meeting, pre- sented and read. Councilman Preg- ler moved that the Manager be instructed to set up a meeting with the United Fund Planning Com- mittee in order to explore the feas- bility of joint action. Seconded by Mayor Meyers. Carried by the fol - owing vote: Yeas — Mayor Meyers, Council - nen Bitter, Couchman, Molden- ►auer, Pregler. Nays — None. Regular Session April 6, 1970 117 April 1, 1970 To the Honorable Mayor and City Council This is to advise that I have ap- proved the following bond and pol- icy, and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY Tri-State Paving Company Bituminous Casualty Company SIDEWALK Edwards Construction Company Merchants Mutual Bonding Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that filing of the policy and bond be approved subject to approval of the City Solicitor. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. April 3, 1970 To the Honorable Mayor and Members of the City Council Attached is a resolution pertain- ing to Dubuque's participation in the National Flood Insurance Pro- gram. The resolution is included in Monday night's council agenda. The City Council in Resolution 71-69, passed on March 24, 1969. expressed its interest in securing flood insurance coverage by par. ticipating in the National Flood Insurance Program established by the Housing and Urban Develop- ment Act of 1968. Under the 1968 Act, flood insurance coverage is available only after time-consum. ing actuarial studies have estab- lished insurance premium rates. The Housing and Urban Develop- ment Act of 1969 amended the National Flood Insurance Program to provide a two year emergency program making it possible for communities which meet federal requirements to obtain flood in. surance without waiting for the completion of actuarial studies. To meet the requirements of the emergency program, certain flood and legal information must be sub. mitted and certain assurances must be made by the City Council to the Federal Insurance Agency. The required information is being prepared by the staff and the as. surances are specified in Sections 1, 2, 3, and 4 of the resolution. We have been advised by the Federal Insurance Administration that they are prepared to make flood insur- ance available within four weeks of the receipt of the necessary in- formation. Respectfully, Gilbert D. Chavenelie City Manager Councilman Couchman moved that the communication be receiv. ed 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. RESOLUTION NO. 71-70 WHEREAS, the City Council in Resolution No. 71.69 passed on March 24, 1969, expressed its in. terest in securing flood insurance coverage by participating in the National Flood Insurance Program established by the Housing and Urban Development Act of 1968; and WHEREAS, the emergency flood provisions of the Housing and Ur- ban Development Act of 1969 amended the Housing and Urban Act of 1968 to provide flood insur- ance to communities which meet federal requirements without wait- ing for time-consuming actuarial studies to establish insurance pre- mium rates; and WHEREAS, to meet federal re- quirements for flood insurance coverage without time-consuming premium rate making studies, cer- tain assurances must be given by the City Council; and WHEREAS, the City Council deems it in the best public interest that the City of Dubuque partici- pate in the National Flood Insur- ance Program as soon as possible. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: S*ctlon 1. That the City of Du- buque, Iowa and its City Council does hereby give its assurance to recognize and duly evaluate flood hazards in all official actions re- lating to land use in the flood plain areas having special flood hazards. 118 Regular Session April 6, 1970 Section 2. That the City of Du- buque, Iowa and its City Council does hereby give its assurance to enact by December 31, 1971, and maintain in force for areas having special flood hazards, adequate land use and control measures with effective enforcement pnrvisions consistent with the criteria set forth in Sub part B of Section 1910 of the Federal Insurance Admini- stration regulations. Section 3. That the City Council of the City of Dubuque, Iowa does hereby give its assurance to take such other official action as may be reasonably necessary to carry out the objectives of the National Flood Insurance Program. Such actions including but not limited to: (a) Assist the Administrator of the Federal Insurance Administra- tion, at his request, in delineating the limits of the flood plain having special flood hazard on available local maps of sufficient scale to identify the location of building sites. (b) After flood insurance is made available, furnishing representa. tives of appropriate federal and state agencies or of the National Flood Insurance Association, in. formation, as requested, concern. ing new or substantially improved structure within the area of special flood hazard, (c) Cooperating with federal, state and local agencies which un- dertake to study, survey, map and identify flood -prone areas as well as cooperation with neighboring jurisdictions with respect to ad- joining flood plains in order to prevent aggravation of the flood. ing problem. Section 4. That the City Manager be and he is hereby authorized and directed to do any and all things necessary and incidental to implementing the commitment made herein and hereby. Section S. That certified copies of this Resolution betransmitted forthwith by the City Manager to the Federal Insurance Administrat- or of the Department of Housing and Urban Development in Wash. ington, D.C. Passed, approved and adopted this 6th day of April, 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer 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 following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of Congressman John C. Culver addressed to Dr. Wayne Moldenhauer relative to the refusal of the Office of Civil Defense in Washington to grant the application for architect's fees in the construction of a portion of the Ninth Street Fire Head- quarters, presented and read. Councilman Moldenhauer moved that the communication be receiv- ed 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. April 2, 1970 Honorable Mayor and Members of the City Council Hardly anyone questions the fact that City Hall is a building which has architectural and historical significance. Several facts have come to light since I last talked to you about the desirability of restoration so that third floor could be put to use and so that first and second floor could be more effectively used. We could find no record of the "why?" of the decision of the 1982 City Council to locate the munici- pal court in the Fischer Bldg. So I called each of the councilmen of that year. Robert Horgan now lives in Richmond, Va. but I called him also. Several mentioned that discus. sions had started on the possibility Of a City -County building. This dis. couraged putting a lot of money into the present City Hall. City planning was still in the City Hall. The Engineering d e p a r t m e n t would have to have been moved and there simply was not enough Regular Session April 6, 1970 11.9 room in City Hall. They also quest- ioned the soundness of the build- ing. The Fischer Building had ade- quate space and was willing to meet the needs of the municipal court. The attorneys preferred the dowtown location. Many different conditions exist today. We are discussing the feas- ibility of the joint County -City law enforcement c e n t e r. Presently some 3,400 square feet of city hall is being used for law enforcement., The City Planning and Zoning of- fice and the Urban Renewal office are renting from the Fischer Bldg. The building Commission's office is now located in temporary quar- ters outside the City Hall. I would like to propose that we once again consider renovation of City Hall with the idea of either moving the municipal court to third floor or leaving the munici- pal court where it is and moving the Building Commission, the Planning and Zoning office and the Urban Renewal office into City Hall where they belong. Renovation at this time would in no way preclude the possibility of new quarters at some time in the future. It would make the pre- sent facility usable for some other purpose, if and when new quarters were feasible. In the meantime it would give us a facility of which we could all be justly proud and one which no other city in the country could boast. Respectfully submitted, Wayne A. Moldenhauer D.D.S. City Councilman Councilman Couchman moved that the communication be receiv- ed and made a matter of record, and the City Manager approach general suggestions in the letter both as to feasibility from the functional operation of City Gov- ernment and the use of space. 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 Dubuque Sym- phony Orchestra Auxiliary an- nouncing their program for the twelfth consecutive season by hav- ing a ticket drive April 16 through May 3, 1970 and requesting the period be designated as "Dubuque Symphony Orchestra Time", pre- sented and read. Mayor Meyers moved that the communication be received and filed and the period of April 16 thru May 3, 1970 be proclaimed as requested. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. March 26, 1970 Iionarable Mayor and Council Members The City Planning and Zoning Commission has held a public hear- ing on a propsal to reclassify from Single Family to Multiple Family, property described as Lot A of Block 10 and Lot 16 of Block 11 all in the plat of Block 10 and 11 in Sunrise Heights Subdivision, all in the City of Dubuque, Iowa. This property lies on the south side of Thirty-second Street and is a part of Sunrise Heights Subdivision. Ac- cess to the property will be from Wildwood Drive which will inter. sect with Thirty-second Street. This proposal conforms with the approved plat and the general plan- ning for this area. It is the recom- mendation of the Planning and Zoning Commission that the pro- posal be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation and that same be referred for proper proceedings. Seconded by Mayor Meyers. Carried by the following vote: Yeas -- Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. March 13, 1970 Hon. Mayor do City Council On January 8, 1970, Loras E. Hartman, filed claim against the City in the amount of $52.24 claim- ing damages to his vehicle as the result of striking a rock in the street on Dodge Street where the street intersects with Booth which 120 Regular Session April 6, 1970 allegedly occurred on December 23, 1969 at 5:00 o'clock p.m. I have made an investigation of said claim and have reviewed pert- inent. law and find that there is no actionable negligence on the part of the City of Dubuque and there- fore recommend that said claim be denied. It is the law of this state that a municipal government must have received actual notice or construc- tive notice of the existence of an alleged defective condition and a reasonable time within which to correct any alleged defective con- dition after actual notice thereof or constructive notice thereof and, ac- cordingly, this claimant's statement states that said condition existed as of December 23, 1969 and his contact with said condition occur- red December 23, 1969. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney 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. Notice of Claim of Mrs. Myrtle Chapman, in an undetermined amount, for personal injuries re- ceived in a fall at the corner of 22nd and Central Avenue on De- cember 2, 1969, presented and read. Councilman Couchman moved that the notice of claim 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- hauer, Pregler. Nays—None. Notice of claim of Kenneth R. VanderMeulen of 1535 Alta Vista, in the amount of $150, for sidewalk and terrace damage as the result of tree removal in the Dutch Elm removal program, presented and read. Councilman Couchman mov- ed that the notice of claim be re- ferred to the City Solicitor for in- vestigation and report. 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 Gerald Nau. mann, in the amount of $50, for ex- pense incurred as the result of a sanitary sewer back-up at 2560 Pearl Street on March 23, 1970, presented and read. Councilman Couchman moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Mayor Meyers. Car. ried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Notice of claim of Ecko Mennen Jr., in the amount of $150. for ex- pense and damage incurred as the result of a sanitary sewer back-up at 2266 St. John Drive on March 31, 1970, presented and read. Council. man Couchman moved that the no- tice of claim be referred to the City Solicitor for investigation and re- port. 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 Helen Rup- recht, in the amount of $10,000 for Personal injuries received in a fall on Kresge's sidewalk on Main Street, on September 12, 1969, pre- sented and read. Councilman Couchman moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Notice of claim of Mrs. Sally Glynn, in the amount of $26.00, for expense incurred as the result of being forced to confine her dog which was wrongfully identified by a child who was bitten by a dog, presented and read. Councilman Couchman moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Meyers. Carried by the following vote: Years—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. mei hau ed Wer pro] Hen brot not Pose Hen ion cilm; Regular Session April 6, 1970 121 April 3, 1970 Honorable Mayor and City Council The matter of preparing an or- dinance for the closing of Allison - Henderson Park pursuant to peti- tion was referred to me and ac- cordingly, I am returning herewith proposed form of ordinance. Request is herewith made for ad- ditional time on which to report on said ordinance as relates to perti. nent law and alternatives that may be suggested. I will be attending a seminar in Washington, D.C. on this subject matter and will have my report in your hands by a week from this date and, subject to your pleasure, will be prepared to discuss the same at a meeting on the 13th of April, 1970. In the interim, it is respectfully requested that no action on the enclosed ordinance be taken until you have the report you ordered. Respectfully submitted, R. N. Russo City Attorney Councilman Couchman moved that we respect the wishes of the City Attorney and that discussion on the matter be held now due to the large assembly present, how- ever would still like to hear from the City Attorney personally. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Councilman Couchman moved that the rules be suspended in or. der to let anyone present address the Council if they so desire. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. The Council Chambers overflow. ed into the hall and many points were brought out relative to the Proposed hour closing of Allison - Henderson park. The p o i n t s brought out at the hearing were not new and opponents to the pro- posed closing time for the Allison. Henderson Park were of the opin- ion it could not be enforced. After a lengthy discussion Coun. cilman Moldenhauer moved that the City Solicitor be instructed to prepare an alternate to consider an amendment to Ordinance No. 24.69 adding a subsection c to Sec- tion 30 stating that Allison -Hender- son Park shall be closed from 11:00 P.M. to 7:00 A.M. daily. Seconded by Councilman Bitter. Vote on the motion was as follows: Yeas — Councilmen Bitter, Mol- denhauer. Nays — Mayor Meyers, Council- men Couchman, Pregler. MOTION LOST. Councilman Pregler moved that the Ordinance lie on the table and specifically be brought back next week. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays -- None. Petition of Armed Forces Day Commute requesting permission to conduct a parade on May 14, 1970, presented and read. Councilman Pregler moved that the petition be approved and referred to the City Manager for implementation. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Ed. J. Stoltz et al, all residents of Ridgeway Avenue, re- questing seal coating of Ridgeway from Born Ave. to Missouri Street presented and read. Mayor Meyers moved that the petition be refer- red to the City Manager and staff. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Mrs. Robert Helster et al (11 signers) requesting re- activation of the alley running west from the 1400 block of Glen Oak north to Vernon Street, pre. sented and read, Mayor Meyers moved that the petition be refer. red to the Ciy Manager and staff. Seconded by Councilman Couch. man. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. 122 Regular Session April 6, 1970 Petition of Earl C. Davis et al (4 signers) requesting relief of a drainage problem caused by run- off storm water from Luther Ma- nor and the west side of St. Anne's Drive, presented and read. Council- man Couchman moved that the pe- tition be referred to the City Ma- nager and staff for investigation and report. 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 Schlitz Development Corporation requesting permission to install street lights with under- ground wiring at eight different locations in Sunset Park, present- ed and read, Councilman Pregler moved approval of the petition contingent upon approval of the City Manager and Electrical In. spector. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men, Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Roger B. Cox re- questing rezoning of Lot 2 and the Sly. 8.33' of Lot 3 of M. L. 178 from the present classification to Two Family Residence District Classifi- cation, presented and read. Mayor Meyers moved that the petition be referred to the Planning & Zoning Commission for investiga- tion and report. Seconded by Coun• cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Patrick G. Gross re- questing vacation of a portion of a Platted alley abutting Lot 32 of C. A. Voelker Addn. off Paul Street, Presented and read. Mayor Meyers moved that the petition be refer- red to the Planning & Zoning Com. mission for investigation and re- port. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Dubuque Advisory Commission requesting considera. tion of the contents of their reso- lution urging the City to adopt an Ordinance to demand a land deve. loper to set aside approximately ten per -cent in Subdivisions for park purposes, presented and read. Councilman Couchman moved that the petition be referred to the Planning & Zoning Commission for investigation and report. Second- ed by Councilman Pregler. Car. ried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. Petition of Dubuque Citizens Commission requesting the estab- lishment of a Youth Advisory Com- mission to research youth needs, job opportunities, youth activities etc., presented and read. Council- man Pregler moved that the peti- tion be referred to the Council and the Manager be directed to call a meeting with the appropriate agencies. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Mr. Chip Murray of 1870 Lom- bard, president of the Youth Coun- cil was opposed to the idea of the establishment of another Youth Commission. He was of the opinion that the Youth Council have fur- nished many activities and have been very successful. Petition of C. George Biasi re- questing that a study be made of the unpleasant conditions as the result of many unfinished items of construction in and around Oak Brook subdivision, presented and read. Mr. C. George Biasi address- ed the Council in behalf of his pe- tition. Councilman Bitter moved that the petition be referred to the City Engineer for investigation and report. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Leo B. Grass request- ing a refund of $50. on the unex- pired portion of Class B Beer Li- Regular Session April 6, 1970 123 cense No. 69, as he has discon- tinued business on March 26, 1970, presented and read. Councilman Couchman 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. Petition of Leo B. Grass request- ing a refund of $25. on the unex- pired portion of Cigarette license No. 96, as he has discontinued bus- iness on March 26, 1970, presented and read. Councilman Couchman moved that the refund be granted and the Auditor instructed to is- sue proper warrant- Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Louis J. Winkler re- questing a refund of $25. on the unexpired portion of cigarette li- cense No. 236, as he has discon- tinued business on October 7. 1969, presented and read. Council- man Couchman moved that the pe- tition be granted and the Auditor instructed 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. March 30, 1970 To the Honorable Mayor and City Council The reconstruction of the Heeb Street Retaining Wall has been completed in accordance with the plans and specifications by the William Becker and Sons Stone Company of Dubuque, Iowa. I recommend the improvement be accepted. 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, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. FINAL ESTIMATE RESOLUTION No. 72.70 WHEREAS, the contract for the reconstruction of the HEEB STREET RETAINING WALL has been completed and the City En- gineer has submitted his final es- timate 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 Dubuque, That the cost of said improve- ment is hereby determined to be $16,460.00. That none of the cost thereof shall be assessable upon private property and $16,460.00 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 6th day of April 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Couchman 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. 73.70 WHEREAS, the contract for the reconstruction of the: HEEB STREET RETAINING WALL has been completed and the City Mana- ger 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 hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he Is hereby directed to pay to the contractor from the Road Use Tax Fund. 124 Regular Session April 6, 1970 Passed, adopted and approved this 6th da0. DondPRI, Mey Donald Mayor Walter A. Pregler W ayn o 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 Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. March 31, 1970 To The Honorable Mayor And City Council Dore Wrecking Company of Kawkawlin, Michigan, has comple- ted the demolition and removal of various structures and other site Urban Renewal Project in accor- dance with the terms of Demoli. tion Contract No. 1.69. I recommend that the work be accepted. Respectfully submitted: Gilbert D. Chavenelle City Manager 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. 7470 ACCEPTING WORK PERFORMED UNDER DEMOLITION COW TRACT No. 1.69 FOR THE DOWN- TOWN URBAN RENEWAL PRO- JECT, IOWA R-15 WHEREAS, Demolition Contract No. -69 for the removal and site clp°r ince of various structures and other site improvements in the Downtown Urban Renewal Project area has been completed: and WHEREAS, the City Manager has examined the work and finds that the work has been completed in accordance with the terms of the Contract and recommends it. acceptance, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the recommen- dation of the City Manager be ap- proved and that said work be and the same is hereby accepted. Passed, approved, adopted this 6th day of April, 1970. Donald A. 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, 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 proposals for construction of John F .Kennedy Road Sanitary Sewer from Spring Valley Road to West 32nd Street— West side, presented and read. Mayor Meyers moved that the proof of publication 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. April 2, 1970 To the Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00 A.M., Thursday, April 2, 1970, for the construction of the John F. Kennedy Road Sanitary Sewer West Side from Spring Val- ley Road to West 32nd Street. The low bid was submitted by Tschiggfrie Excavating of Dubu- que, Iowa. Their bid was 18.1% under the Engineer's estimate. I recommend that the contract for the improvement be awarded to Tschiggfrie Excavating of Du- buque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Regular Session April 6, 1970 125 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. (Awarding Contract) RESOLUTION No. 75.70 WHEREAS, sealed proposals have been submitted by contrac- tors for the JOHN F. KENNEDY SANITARY SEWER - WEST SIDE. from Spring Valley Road to West 32nd Street pursuant to Resolution No. 46-70 and notice to bidders published in a newspaper publish- ed in said City on March 11, 1970 and March 18, 1970; and WHEREAS, said sealed propo- sals were opened and read on April 2, 1970, and it has been de- termined that the bid of Tschigg- frie Excavating of Dubuque, Iowa in the amount of $9,257.40 was the lowest bid for the furnishing of all 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 Tschiggfrie Excavating and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE rr 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 unsuc- cessful bidders. Passed and adopted this 8th day of April, 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, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of Urban Renew- al submitting a resolution adopted by the Planning & Zoning Commis- sion approving that the Main Street Pedestrianway in the Urban Re- newal Project Iowa R-15, is an ap- propriate use, presented and read. Councilman Bitter moved that the communication be received and fil- ed. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays --None. RESOLUTION NO. 70.1 Reviewing the proposed Main Street pedestrianway in connec- tion with the Downtown Urban Renewal Project, Iowa R•15 WHEREAS, under date of Febru- ary 16, 1967, the Dubuque Planning and Zoning Commission adopted Resolution No. 2 which found and determined that the Urban Renew- al Plan for the Downtown Urban Renewal Project, Iowa R-15, con- formed to the general plan for the development of the City of Dubu- que, Iowa, as a whole; and WHEREAS, on said February 16, 1967, there was submitted, among other documentation, in connection with the said Urban Renewal Plan, proposals for installing a Main Street Pedestrianway; and WHEREAS, Section 373.10 of the Iowa Code, as amended to date, provides, among other things, that no public improvement shall be erected until and unless the design and proposed location of any such improvement shall have been sub- mitted to the City Planning Com- mission, and its recommendations thereon obtained; and WHEREAS, there have been sub- mitted to the Dubuque City Plan- ning and Zoning Commission the final design and proposed location of the Main Street Pedestrianway; now therefore BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That based upon an analysis and review of the design and location plan of the Main 126 Regular Session April 6, 1970 Street 1'edestrianway for the Down- town Urban Renewal Project R-15, it is hereby found and determined that the said pr ate use both Street Pedes- trianw•ay is an appropriate P as to design and rovedatand adopted Passed, approved 1970. this the 4th day of February, Frank J. Glab, Secretary Planning and Zoning Commission, City, of Dubuque, Iowa Mayor Meyers moved that the resolution be made a matter of rec- ord. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION N0. 76.70 Preliminary approval of propos- ed plans, specifications, form of contract, plat, and all other docu- ments for construction of MAIN S T R E E T PEDESTRIANWAY- DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 SECTION 1 — GENERAL CONTRACT in the area of the proposed right-of-way of Main Street from the south curb line of Ninth Street to the new south right-of-way line of Seventh Street and also the proposed right- of-way of Eighth Street from ap- proximately the east curb line of Locust Street to the west curb line of Iowa Street and the proposed right-of-way of Seventh Street from approximately the east curb line of Locust Street to the west property line of the alley east of Main Street, at an estimated cost of $662,020.40, presented and read. Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Pregler. Nays—Councilman Moldenhauer. (NECESSITY FOR IMPROVEMENT) RESOLUTION NO. 77.70 WHEREAS, proposed plans, specifications, and form 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 MAIN STREET PEDESTRIANWAY DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 in the City of Dubuque, Iowa Section I — General Contract SECTION 1 General Contract in the area of the proposed right- of-way of Main Street from the south curb line of Ninth Street to the new south right-of-way line of Seventh Street and also the pro- posed right-of-way of Eighth Street from approximately the east curb line of Locust Street to the west curb line of Iowa Street and the proposed right-of-way of Seventh Street from approximately the east curb line of Locust Street to the west property line of the alley east of Main Street. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and nec- essary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the 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. That the cost and expense of making said im- provement will be paid from such funds of the City as may be legally used for such purposes. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 6th day of April, 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 Regular Session April 6, 1970 127 Councilman Couchman moved approval 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. (FIXING DATE OF HEARING) RESOLUTION NO. 78-70 WHEREAS, the City Council of the City of Dubuque, Iowa, has giv- en 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 MAIN STREET PEDESTRIANWAY DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 in the City of Dubuque, Iowa SECTION 1 General Contract in the area of the proposed right- ofo ay of Main Street from the south curb line of Ninth Street to the new south right-of-way line of Seventh Street and also the propos- ed right-of-way of Eighth Street from approximately the east curb line of Locust Street to the west curb line of Iowa Street and the proposed right-of-way of Seventh Street from approximately the east curb line of Locust Street to the west property line of the alley east of Main Street. BE IT THEREFORE RESOLVED that on the 20th day of April, 1970, 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 proposed improve- ment may appear and make objec- tion to the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and he is hereby di- rected to cause a notice of time and place of such hearing to be Published in some newspaper pub- lished in the City of Dubuque, Iowa, which shall be not less than ten (10) days prior to the day fixed for its consideration, and the City Clerk be and he is hereby directed to have published the notice of pendency for said improvement, and the City Clerk is hereby direct- ed to advertise for proposals to the contractors for the construction of the above mentioned improvement. Passed, adopted and approved this 6th day of April, 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 Bitter. Carried by the fol- lowing vote: Yeas --Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 79.70 Preliminary approval of propos- ed plans, specifications, form of contract, plat, and all other docu- ments for construction of MAIN STREET PEDESTRIANWAY, DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15, SECTION II —ELECTRICAL CONTRACT in the area of the proposed right-of-way of Main Street from the south curb line of Ninth Street to the new south right-of-way line of Seventh Street and also the proposed right- of-way of Eighth Street from ap- proximately the east curb line of Locust Street to the west curb line of Iowa Street and the proposed right-of-way of Seventh Stree: from approximately the east curb line of Locust Street to the west property line of the alley east of Main Street, at an estimated cost of $184,685.95, presented and read. Councilman Pregler 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. (NECESSITY FOR IMPROVEMENT) RESOLUTION NO. 80.70 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 other things the following: 128 Regular Session April 6, 1970 (1) The plan of such improve- ment (2) An estimate of the cost of the improvement for the MAIN STREET PEDESTRIANWAY DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 in the City of Dubuque, Iowa SECTION 11 Electrical Contract in the area of the proposed right- of-way of Main Street from the south curb line of Ninth Street to the new south right-of-way line of Seventh Street and also the propos ed right-of-way of Eighth Street from approximately the east curb line of Locust Street to the west curb line of Iowa Street and the proposed right-of-way of Seventh Street from approximately the east curb line of Locust Street to the west property line of the alley east of Main Street. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and nec- essary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion have on file with the City Clerk, objections to the amount of the vost 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 no,v on file with the City Clerk. That the cost and expense of making said im- provement will be paid from such funds of the City as may be legally used for such purposes. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 6th day of April, 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 Attest: Councilmen Leo F. Frommelt City Clerk Councilman Moldenhauer moved approval of the resolution. Second- d by Councilman Couchman. Car- ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None, (FIXING DATE OF HEARING) RESOLUTION NO. 81.70 WHEREAS, the City Council of the City of Dubuque, Iowa, has giv- en 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 MAIN STREET PEDESTRIANWAY DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 in the City of Dubuque, Iowa SECTION 11 Electrical Contract in the area of the proposed right- of-way of Main Street from the south curb line of Ninth Street to the new south right-of-way line of Seventh Street and also the propos- ed right-of-way of Eighth Street from approximately the east curb line of Locust Street to the west curb line of Iowa Street and the proposed right-of-way of Seventh Street from approximately the east curb line of Locust Street to the west property line of the alley east of Main Street. BE IT THEREFORE RESOLVED that on the 20th day of April, 1970, 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 proposed im- provement may appear and make objection to the proposed plans and specifications, form of centract and cost of said improvement, and the City Clerk be and he is hereby di- rected to cause a notice of time and place of such hearing to be publish- ed in some newspaper published in the City of Dubuque, Iowa which shall be not less than ten (10) days prior to the day fixed for its con- sideration, and the City Clerk be and he is hereby directed to have published the notice of pendency for said improvement, and the City Clerk is hereby directed to adver. tise for proposals to the contrac- tors for the construction of the above mentioned improvement. Regular Session April 6, 1970 129 Passed, adopted and approved this 6th day of April, 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. RESOLUTION NO. 82.70 WHEREAS, the City Council of the City of Dubuque, Iowa has ex- amined the feasibility of the idea of a joint City -County -Law Facility and that the City of Dubuque should proceed to enter into a study and planning of such joint law enforcement facility; 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 be and it does hereby go formally on record as being in favor of a joint City -County Law Enforcement Fa- cility and to that end appropriate studies and planning thereof should be made and further, that the City Manager be and he is hereby auth- orized and directed to take any and all necessary steps to outline for the City Council the necessary in- itial steps to proceed in the direc- tion herein outlined. Passed, approved and adopted this 6th day of April, 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 adopt- ion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Years—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. April 6, 1970 To the Honorable Mayor I hereby submit the attached sheet No. 1 inclusive showing a schedule of the proposed valua- tions and assessments for the City of Dubuque 1970 CONCERTE CURB AND GUTTER PROJECT NO. 1 Submitted April 6, 1970. John L. White City Engineer 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- hauer, Pregler. Nays — None. RESOLUTION NO. 83.70 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the attached sheet No. 1 is hereby determined to be the schedule of proposed as- sessments for the City of Dubuque 1970 CONCRETE CURB AND GUT- TER PROJECT NO. 1 and the va. luations set out therein are here. by approved. Adopted this 6th day of April, 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. 8470 Approval of proposed plans, of plat and specifications, other ldocumentscontract, for the construction of CITY OF DU. BUQUE 1970 CONCRETE CURB 130 Regular Session April 6, 1970 AND GUTTER PROJECT NO. 1 on the following streets: 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%-SW'/4 Sec- tion 21, T. 89 N. R. 2 E westerly to the Corporation limits, at an estimated cost of $88,988.71, pre- sented and read. Councilman Pregler moved that resolution be adopted. Seconded by Councilman Bitter. Carried by the following vote: Yeas -- Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. (Necessity for Improvement) RESOLUTION NO. 85.70 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits. 2. The streets to be improved. 3. The width of such improvement, 4. Each lot proposed to be assessed together with a valuation fixed by the council. S. An estimate of the propsed cost of the improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount there- of which is estimated to be as- sessed against lot, for the CITY OF DUBUQUE 1970 CON- CRETE CURB do GUTTER PRO- JECT N0. 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 of 1 of E.% of S.W.Y4 of Section 21 — T. 89N. R.2E. westerly to the Cor- poration Limits. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, 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 re- solution have on file with the City ^lerk objections to the amount of the proposed assessments, they ;hall 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 therefor by the City Engineer 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 improvement will be assessed upon and against all privately owned property lying within assessable distance provid- ed by law and in an amount not to exceed the amount provided by law, property will be assessed whe• ther the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Road Use Tax, Bonds shall be issued and sold in anticipation of deferred payments of assess- ment 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 assessed to and paid by the railway company. The above resolution was intro. duced, approved and ordered plac- ed on file with the City Clerk this 6th day of April, 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 Councilman Couchman moved approval 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. (Fixing date of hearing) RESOLUTION NO. 86.70 WHEREAS, the City Council of the Citv of Dubuque, Iowa has by Resolution No. 84-70 given its pre- Regular Session April 6, 1970 131 liminery 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 CITY OF DUBUQUE 1970 CON- CRETE CURB & GUTTER PRO- JECT N0. 1 and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's Of- fice for public inspection, BE IT THEREFORE RESOLVED, that on the 4th day of May 1970, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Dubuque at which time the owners of pro- perty subject to assessment for the proposed improvement may appear and make objection to the propos- ed 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 hear- ing to be published in some news- paper published in the city of Du- buque, 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 un- less property owners at the time of final consideration of said re- solution 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 hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 6th day of April, 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. April 6, 1970 To the Honorable Mayor and City Council I hereby submit the attached sheets No. 1 to 23 inclusive show- ing a schedule of the proposed valuations and assessments for the City of Dubuque 1970 HOT MIX - HOT LAID ASPHALTIC CONC RETE PAVING PROJECT NO. 1. Submitted April 6, 1970. John L. White City Engineer Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pre- gler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 87.70 BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA: SECTION 1. That the attached sheets No. 1 to 23 inclusive are hereby determined to be the sche- dule of proposed assessments for the City of Dubuque 1970 HOT MIX -HOT LAID ASPHALTIC CON- CRETE PAVING PROJECT NO. 1 and the valuations set out therein are hereby approved. Adopted this 6th day of April, 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. 132 Regular Session April 6, 1970 RESOLUTION NO. 88-70 Preliminary Estimate and ap- proval of proposed plans specifi- cations, form of contract, plat and all con- struction ofo CITY OF o OF DUBUQUE 1970 HOT MIX -HOT LAID ASP- HALTIC CONCRETE PAVING PROJECT NO. 1 on the following named streets; 1. Asbury Road - Maintenance patching near Woodlawn Inter- section. 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.T,. of Kerrigan Road to the south end of the street. 4. John F. Kennedy Road - from the N.P.L. of Pennsylvania Ave- nue 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 10th 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.Y4 Section 21-T.89 N. R. 2E. west- erly to the Corporation Limits. 8. Pennsylvania Avenue - Street reconstruction near Westridge Drive. 9. Rhomberg Avenue - from the N.P.L. of Marshall Street to Wis- 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 in an estimated a- mount of $321,080.56, presented and read. 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. (Necessity for Improvement) RESOLUTION NO. 89.70 WHEREAS, proposed plans specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among the things the following: 1. The assessment limits. 2. The streets to be improved. 3. The width of ,uch improve- ment, 4. Each lot proposed to be assess- ed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the City of Dubuque 1970 HOT MIX - HOT LAID ASPHALTIC CON- CRETE PAVING PROJECT NNO. 1 1. Asbury Road - Maintenance patching near Woodlawn Inter- section. 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 10th 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.14a-S.W• Y4 Section 21-T.89 N. R. 2E. westerly to the Corporation Limits. 8. Pennsylvania Avenue - Street reconstruction near Westridge Drive. 9. Rhomberg Avenue - from the N.P.L. of Marshall Street to Wisconsin Bridge. 10. Shires Avenue - Replacement west of Rhomberg Avenue In- tersection. Regular Session April 6, 1970 133 11. Whit. Street — from the N.P. L. of 4th Street to the N.P.L. of 10th Street. BE IT TIiEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless properly owners at the time of the final consideration of this proposed re- solution have on file with the City Clerk objections to the amount of the proposed assessments, 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 the City Engineer 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 improve- ment will be assessed upon and against all privately owned pro- perty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Road Use Tax. 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 anv street or assessment dis- trict shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of April, 1970. Approved and placed on file for final action. 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 ap- proval of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. (Fixing date of hearing) RESOLUTION NO. W70 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 88-70 given its pre- liminary 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 City of Dubuque 1970 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLVED that on the 4th day of May 1970, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Du- buque at which time the owners of property subject to assessment for the proposed improvement may ap- pear and make objection to the proposed 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 pro- posed 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 consid• Elation of said resolution have on file with the Clerk objections to the amount of the proposed assess- ment, they shall have been deemed to have waived all objections there- to, at which hearing the Council will hear such objections and en. ter on record its final decision thereon. 134 Regular Session April 6, 1970 Passed, adopted and approved this 6th day of April, 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, April 8, 1970 To the Honorable Mayor and City Council I hereby submit the attached shetes No. 1 to 3 inclusive showing a schedule of the proposed valua- tions and assessments for the City of Dubuque 1970 BITUMINOUS CONCRETE PAVING PROJECT NO. 1. Submitted April 6, 1970. John L. White, City Engineer Councilman Bitter 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. 41.70 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached sheets No. 1 to 3 inclusive are hereby determined to be the schedule of proposed assessments for the City of Dubuque 1970 BITUMINOUS CONCRETE PAV. ING PROJECT NO. 1 and the val. uations set out therein are hereby approved. Adnpted this 6th day of April, 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. Nays — None. RESOLUTION No. 92-70 Prelimary estimate and appro- val of plans, specifications, form of contract, plat, and all other docu. ments for the construction of CITY OF DUBUQUE 1970 BITUMINOUS CONCRETE PAVING PROJECT NO. 1 on the following named streets: 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 Road west to the end of the street. 4. Key Corners - form 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 Subdi. vision to the W.P.L. of Key Knolls Subdivision. 6. Key Way - from the N.P.L. of Pennsylvania 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.L. of Key Corners. 9. Sharon Drive - form the N.P.L. of Pennsylvania Avenue to the S.P.L. of Key Corners. W. Veterans Park Road - from W.P.L. of Balboa into Veterans Park. 11. Vi:aleea Drive - form the N.P.L. of Pennsylvania Avenue to the S.P.L. of Keymont Drive, at an estimated amount of $63,314. 98, presented and read. Council- man Pregler moved adoption of the resolution. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden• haver, Pregler. Nays — None. Regular Session April 6, 1970 1355 (Necessity for Improvement) RESOLUTION No. 93-70 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be assess•• ed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there. of which is estimated to be assessed against each lot, for the CITY OF DUBUQUE IWO BITUMINOUS CONCRETE PA- VING PROJECT NO. 1. 1. Eagle Point Park - Roadway 325' Extension. 2. Fenlon 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 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 Subdi- vision to the W.P.L. of Key Knolls Subdivision. 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. 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.L. of Key Corners. 9. Sharon Drive - from the 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 Veterans Park. 11. VlAleu Drive - from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Keymont Drive. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, 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 con- sideration of the proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, 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 therefor by the City Engineer 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 improvement will be assessed upon and against all pri- vately owned property lying with- in assessable distance provided by law and in an amount not to ex- ceed the amount provided by law, property will be assessed whether the same abuts thereon or is ad- jacent thereto according to area and in proportion to the special benefits conferred thereby, and ary deficiency shall be paid out of the Road Use Tax fund. Bonds shall be issued and sold in antici- pation of deferred payments of as- sessments 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 dis- trict shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of April, 1970. Approved and placed on file for final action. Donald R. Meyers Mayor Walter A. Pregier Wayne A, Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk 136 Regular Session April 6, 1970 Councilman Couchman moved approval 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. (Fixing date of hearing) RESOLUTION NO. 94-70 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 92-70 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for pub- lic inspection, for the City of Dubuque 1970 BITUMINOUS CONCRETE PAVING PROJECT NO. 1 and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLVED that on the 4th day of May, 1970, a public hearing will be held at 7:30 o'clock p.m., D.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the proposed plans and specifications and pro- posed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount pro. posed 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 di- rected to cause a notice of the time and place of such hearing to be published in some newspaper pub• lisped in the City of Dubuque, the last of which shall be not less than two (2) nor more than (4) week,, prior to the day fixed for its con, sideration and unless property own ers at the time of final considera tion of said resolution have on file with the Clerk objections to the amount of the proposed assessment they shall have been deemed t( have waived all objections thereto at which hearing the Council wil hear such objections and enter or record its final decision thereon. Passed, adopted and approved ,his 6th day of April, 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. April 6, 1970 To the Honorable Mayor and City Council I hereby submit the City of Du- buque 1970 CONCRETE PAVING WITH INTEGRAL CURB PROJECT NO. 1. Submitted April 6, 1970. John L. White City Engineer 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. 95-70 Preliminary Estimate and appro- val of plans, specifications, form of contract, plat and all other do- cuments for the construction of CITY OF DUBUQUE 1970 CON- CRETE PAVING WITH INTEG- RAL CURB PROJECT NO. 1 on the following named streets: 1. Fifth Street from the east curb. line of Locust Street to the west curbline of Central Avenue. 2. Fourth Street from the east curbline of Locust Street to the west curbline of Central Ave. nue. 3. Ninth Street from the E.P.L. of Main Street to the west curb - line of Central Avenue. at an estimated amount of $145, 236.79, presented and read. Mayor Meyers moved adoption of the resolution. Seconded by Regular Session April 6, 1970 137 Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. (Necessity for Improvement) RESOLUTION No. 96.70 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have: been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The width of such improvement, and the size and kind of sewers. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. CITY OF DUBUQUE 1970 - Con- crete Paving with Integral Curb Project No. 1: I. Fifth Street - from the East Curbline of Locust Street to the West Curbline of Central Ave- nue. 2. Fourth Street - from the East Curbline of Locust Street to the West Curbline of Central Avenue, 3. Ninth Street - from the E.P.L. of Main Street to the West Curb. line of Central Avenue. BE IT THEREFORE RESOLVED that the City Council on its motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections, they shall be deemed to have waived all objections there- to. Said improvement shall be. con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and ex- pense of making said improvement will be paid out of the Road Use Tax fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of April, 1970. Approved and placed on file for final action. 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 ap- proval of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden• hauer, Pregler. Nays — None. (Fixing date of hearing) RESOLUTION NO. 97.70 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 95-70 given its pre- liminary 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 City of Dubuque 1970 — Concrete Paving With Integral Curb Project No. 1 and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 4th day of May, 1970, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property for the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pro. posed district, to the cost of the improvement, 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 hear- ing to be published in some news- paper published in the city of Du- 138 Regular Session April 6, 1970 buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said res. olution 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 hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 6th day of April, 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 move adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 9870 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 and Cigarette Papers with- in said City, Thompson's Food Markets, 3003 Asbury Street George Sorensen, 1105 University Avenue Kathleen L. Wedig, 1399 Jackson Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 6th day of April, 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, Moldenhau. er, Pregler. Nays—None. RESOLUTION NO. 99.70 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 Mrs. Josephine Burke, 531 Main Street Carl N. Brant, 2600 Central Avenue Kathleen L. Wedig, 1399 Jackson Street CLASS "C" BEER PERMIT Earl J. McNamara, 1040 University Avenue John F. Thompson, 3003 Asbury Street Passed, adopted and approved this 6th day of April, 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, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 100.70 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 apnlicants wrre, inspected and found to COmp17 with the ordinances of this CiLy and they have filed proper bonds: Regular Session April 6, 1970 139 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. Josephine Burke, 531 Main Street Carl N. Brant, 2600 Central Avenue Kathleen L. Wedig, 1399 Jackson Street CLASS "C" BEER PERMIT Earl J. McNamara, 1040 University Avenue John F. Thompson, 3003 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 6th day of April, 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, Moldenhau. er, Pregler. Nays—None. Mayor Meyers presented the name of N. J. Greteman for reap. pointment to the Police -Fire Pen. sion and Retirement Board for a four-year term to April 1, 1974. Councilman Bitter moved for the re -appointment of N. J. Greteman. Seconded by Councilman Couch. man. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. There being no further business Councilman Pregler moved to ad. journ. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. Leo F. Frommelt City Clerk Approved ...... July 20,1970 Adopted ........ July 20,1970 ............................................................ Councilmen Attest City Clerk 140 Special Session April 13, 1970 CITY COUNCILOFFICIAL Special Session, April 13, 1970. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. City Manager Gilbert D. Chavenelle. Absent—Councilman Bitter. 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 ADOPTION OF ORDI- NANCES REZONING PROPER. TIES IN COOKS ADDN. AND IN WESTCHESTER SUBDIVISION, and acting upon such other busi- ness as may properly come before a regular meeting of the City Coun- cil. April 10, 1970 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 Dubuque Tot Lot Association, Inc., United States Fidelity & Guar- anty Co. Gemini, Inc., Great American In- surance Companies SIDEWALK Flynn Company, Inc., St. Paul Fire & Marine Insurance Co. Richard Husemann and Louis Huse - mann, Merchants Mutual Bond- ing Company Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the policies and bonds be filed subject to approval of the City At- torney. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council. men Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. April 10, 1970 To the Honorable Mayor and City Council We have received a request from Grace Kopp on behalf of Midwest Developers for street lights on Daniels Street. The underground service wire and the light base and poles have been furnished by the petitioner. It is recommended that four 175 watt mercury vapor lights be in- stalled. 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, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. March 26, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a re- quest to have property described as the Southerly one hundred and fifty (150) feet of Lot 2 of the Sub- division of Lot 25, in Block 4 in Westside Manor Subdivision, in the City of Dubuque, Iowa, reclassified from Single Family Residential classification to Local Business "B" classification. In reviewing this request the Commission found that the only difference in this request from the one that they heard on December 4, 1969 and December 2, 1969, was in the size of the property. It was the opinion of the Commission that this constitutes basically the same request and that the situation around it is unchanged. It was the decision of the Com- mission that there was no need to schedule another public hear- ing to consider this proposal and that the recommendation submit- ted to the Council on December 4, 1969, should be reaffirmed as the recommendation of the Commis- sion on this proposal. A copy of that letter is attached. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved that the communication be received and filed and referred for proper pro- Special Session April 13, 1970 141 ceedings. Seconded by Mayor Mey- ers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Naye—None. Absent—Councilman Bitter. Mayor Meyers moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. No response from the floor at this time on the suspension of the rules. April 10, 1970 Honorable Mayor and City Council On February 14, 1966, City of Dubuque instituted a condemna- tion proceedings against Philip Powers and Martha Powers for a parcel of real estate fronting on John F. Kennedy Road upon which is presently located the new fire station. On March 14, 1966, the Sheriff's jury returned an award to the plaintiff in the amount of $13,200.00. Thereafter, the plain- tiffs appealed the award to the District Court of Dubuque County, Iowa, wherein, among other things, plaintiffs claim that they suffered total damages in the amount of $35,000.00 and demanding said amount together with interest from March 14, 1966. Thereafter, City asserted appropriate defenses and that trial thereof commenced on February 17, 1969 and as a re- sult of which, at the close of plain- tiffs' case the case was dismissed on motion of the defendant, City of Dubuque, and thereafter, appeal was taker to the Supreme Court Of Iowa and the matter was ar- gued before the Supreme Court and on April 7, 1970 the Supreme Cour: of the State of Iowa handed down its decision and opinion af- firming the action of the trial court in dismissing plaintiffs' case at the close of their evidence and sustaining the trial court's refusal to grant a new trial. In passing, it is of interest to note that by the foregoing results, it can be. fairly determined that a tax saving to the taxpayers of the City of Dubuque of approxi- mately twenty-five to thirty thou- sand dollars has been effected. Respectfully submitted, R. N. Russo City Attorney Councilman Couchman moved that the communication be re. ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Notice of claim of Terry Ruble, in an estimated amount of $132.40, for car damage incurred as the re- sult of striking a hole in the street at 1465 Sycamore on April 3, 1970, presented and read. Mayor Meyers 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, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays --None. Absent—Councilman Bitter. Notice of claim of Dale H. Steu- er, it: an undetermined amount, for car damage incurred as the re- sult of striking an excavation on Carter Road between Kane and 32nd Street on April 6, 1970, pre- sented and read. Mayor Meyers 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, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Proof of Publication, certified to by the Publisher, of Notice of puh- lie hearing to consider rezoning of the NEly 36' of Lot 20 in Cooks Addn. from Local Business A to Local Business B Classification, presented and read. Mayor Meyers moved that the proof of publication be received and filed. Seconded by Councilman 142 Special Session April 13, 1970 Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Attorney Dave Setter addressed the Council in behalf of Wareco Oil owners of the property in Cooks Addn. by stating that rezoning was considered some three years ago and due to lack of communication it was turned down. Mrs. Bernice Kraus, Mr. do Mrs. Harry Wood, Marie Buechele, Mrs. V. J. Jungers all objected to the rezoning. Bernice Weber of 613 Rhomberg and Leo Johnson, 2144 Orchard Drive were in favor of the rezon. ing. ORDINANCE 140. 9-70 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 the Nly. 36' of Lot 20 in Cook's Addition from local Business "A" District Classification to Local Business "B" Classification said Ordinance having been pre. vously presented and read at the meeting of April 23, 1970, pry- sented for final adoption. Councilman Moldenhauer moved adoption of the Ordinance. Second- ed by Councilman Couchman. Vote on the motion was as follows: Yeas -- Councilman Couchman, Moldenhauer. Nays Mavor Meyers, Coun- cilman Pregler'' Absent—Councilman Bitter. Mayor Meyers moved that the Or. dinance be moved over to the Council meeting scheduled for April 20, 1970. Seconded by Coun. cilman Couchman. Carried by the following vote.: Yeas — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler, Na,Ys—None, Absent --Councilman Bitter. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider rezoning of Lot 1 and Lot 2 in Westchester Sub. No. 2, and Lot 26, and Lots 32 thru 36 in Block 12 in Westchester Sub. from Two Family 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 of the public hearing. ORDINANCE NO. 10-70 An Ordinance amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, lows, so as to change Lot 1 and Lot 2, all In Westchester Subdivision No. 2 and Lot 26, and Lots 32 through 36 in Block 12, in Westchester Subdivision. Said Ordinance having been pre- viously presented and read at the Council meeting of March 23, 1970, presented for final adoption. ORDINANCE NO. 10.70 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 344 KNOWN As THE "ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE IOWA" SO AS TO CHANGE CERYA1N PROPERTY H&RE. INAFTER DESCRIBED FROM 'TWO FAMILY RESIDENCE DISTRICT" CLAS. SIFICATION TO "MULTIPLE RESI- DENCE DISTRICT" CLASSIFICATION. NON' THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section I. That Ordinance No. 344 known as the Zoning Map and Zoning Ordinance of the Cl ty of Dubuque Iowa be and the same is hereby amended by changlnq from 'Two Fam11y Residence District' classification to "Multiple Besl- dence District" Classification the follow. ing described real estate, to -wit: Lot 1 and Lot 2 all in Westchester subdivision No. 2 and Lot 26, and Lots 32 through 36 In Block 12, all In Westchester Subdivision, in the City of Dubuque, Iowa. Section 2. That the foregoing Amend. ment has heretofore been ayyproved by the Planning and Zonl ? Commisslon of the City of Dubuque, Iowa. Passed, approved and adopted this 13th day of A rll 1970. DONALD R. MEYERS, Mayor WALTER A. PREGLTR WAYNE A. MOLDF,NHAUER GAYLORD M. COUCHMAN Cuncilmen ATTEST: Leo F. Frohnmelt, City Clerk. Published officially In The Telegraph. Herald Newspaper this 16th day of April 1970. it. x/16 LEO F. FROMMELT City Clerk Mayor Meyers moved final adop- tion of the Ordinance. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler, Nays—None. Absent—Councilman Bitter. Communication of Mrs. Robert Ferris submitting a clipping from the Telegraph Herald as edited Special Session April 13, 1970 143 over the name of Virginia Nowlin expressing the idea that the duty of City officials is to serve all the people, objecting mainly by allow- ing the so called drop-out groups use Allison Henderson Paris as their private domain, in deference to playing children and private home owners facing the park and in the immediate neighborhood, presented and read. Mayor Meyers moved that the communication be received and filed. Secondt:d by Councilman Pregler. Carried by the following vote: Yeas — Mai -or Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent --Councilman Bitter. Petition of Mrs. Frank Schumach- er Jr. et al (120 signatures) re- questing the Allison Henderson Park be kept open all night for public use, presented and read. Mayor Meyers moved that the pe- tition be received and filed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Communication of Board of Park Commissioners stating that their Board have adopted a resolution at their meeting of April 13, 1970 requesting the City Council to amend the Ordinance relating to park closing hours, permitting the Possibility of establishing closing hours for any specific park and recommending at this time that an 11:00 P.M. closing of Allison Hen- derson park would be proper, pre- sented and read. Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays --None. Absent—Councilman Bitter. Communication of Arthur Board- man requesting the Council to ap- prove the proposed Ordinance set- ting a closing time on Allison Hen. derson Park, presented and read. Mayor Meyers moved that the com- munication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Couchman, Moldenhauer, Pregler. Nays --None. Absent --Councilman Bitter. Petition of Fred Begsley et al (206 signatures) being mostly a list of students requesting a 11:00 P.M. curfew for Allison -Henderson park, 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 Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Petition of Mrs. Naomi G. Bue- low et al approving proposed clos- ing time of 11:00 P.M. for Allison Henderson park, presented and read. Mayor Meyers moved that the petition be-eceived and filed. Seconded by Coun,-:lman Pregler. Carried by the following vote: Yeas — Mayor Meyers. Coun- cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. April 10, 1970 Honorable Mayor wad City Council Re: Allison -Henderson Park. At your meeting of March 23, 1970, your Honorable Body consid- ered a petition by two hundred six signatories requesting the City Council to enact an ordinance clos- ing ALLISON-HENDERSON PARK to the public at 11:00 o'clock P.M. daily. This petition was referred to the City Solicitor to draw up an ordi- nance to have 11:00 P.M. closing at Allison -Henderson Park, and, that the City Solicitor be instruct- ed to furnish opinion of validity of the proposed ordinance, also that he provide suggested alterna- tives. Prior to this matter at hand, a recommendation of the Dubuque Park Board that the City Council adopt an ordinance ordering said park to be closed at 12:00 o'clock A.M, daily was referred to the City Manager and City Solicitor 144 Special Session April 13, 1970 and many weeks of staff confer- ences relating thereto were spent with on result, and as a conse- quence there are two matters be- fore you to be resolved. As relates to the present peti- tion, one should bear in mind the constitutional provisions that at- tach to the question. A right of assemblage exists under the First Amendment to the Constitution of the United States and under the Fourteenth Amendment the right exists against the state and mu- nicipal governments. The right al- so exists under state constitution against states and municipal cor- porations. The right of assemblage, the right of equal protection of the law, and constitutional rights and privileges pertaining to federal and state citizenship entitles citi- zens to assemble in such places upon the same basis, as other citi- zens are entitled, privileged or per- mitted by law to do. There is a fundamental and con- stitutional right to orderly and peaceably assemble subject to any reasonable municipal regulations that is to say, subject to the rea- sonable exercise of the police pow- er in the interest of public health, safety and welfare. The closing of Allison -Hender- son Park at 11:00 o'clock P.M. daily would, in my opinion, not run afoul of constitutional rights of users of said park, in consider- ing the hazards by reason of the congestion of motor vehicular traf- fic generated, the disturbance to the immediate high density resi- dential neighborhnod by reason of the heavy vehicular traffic as well as the stop and starting type traf. fic, and as well as the slamming of car doors, and also by reason of the general claimed disturbance to the neighborhood by large con- gregations of young people, as well as onlookers and other actors upon such scene. Likwise, it should be borne in mind that the exercise of the mu- nicipal police power cannot he em. ployed to suppress or harrass the so-called "park element." Suppres. sion by municipal officials or the police of the right of free speech and assembly cannot be made an easy substitute for the perform. ance of their duty to maintain or. der by taking such steps as may be necessary and feasible to pro. tect peaceable, and orderly assem. blies in the exercise of their right against violent or disorderly retal. iation or attack at the hands of those who may disagree or object. The adoption of municipal reg. ulations or the exercise of the po. lice power is prohibited where to do so deprives a citizen, or citi- zens, of his or their civil rights. The following pertinent federal law is cited for your guidance: U.S.C.A. TITLE 42. Section 1983. CIVIL ACTION FOR DEPRIVATION OF RIGHTS. Every person who, under color of any statute, ordinance, regula- tion, custom, or usage, of any State or Territory, subjects or causes to be subjected, any citizen of the United States or other per- son within the jurisdiction there. of to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceedings for re- dress. I do not believe that closing the park per se at 11:00 o'clock P.M. will appreciably solve the prob- lem as the enforcement of such ordinance is patently most diffi- cult. By enforcement is meant a legal arrest, prosecution, convic- tion and judgment of the court. I do not believe that such closing will lessen the burden on the po- lice department, nor will it ease the burden on the residents of the area. In my experience, such action will create as many prob- lems, if not more, as it will at- tempt to correct. On the other hand, if it is recog- nized that the park may stay open until 11:00 o'clock P.M. the assump- tion must likewise be made that there is no valid legal reason to close said park prior thereto. Why then is there objection to a mutual effort to relocate the group as was attempted by your staff? Why were efforts to relocate this group at the westerly side of the Municipal Golf Course categor- ically and unequivocally opposed by the delegates from the very neighborhood to which the staff efforts were being directed. Special Session April 13, 1970 145 It is my opinion that the present crucial social impact as reflected by the Allison -Henderson Park epi- sodes must be removed from the political arena and must be re- solved through the serious business of government. As a suggested alternative, I ear- nestly recommend that the City Council re-examine the feasibility of providing an alternative, mu. tually satisfactory site for the group commonly referred to as the Allison-lienderson group, in the interest of the neighborhood and in the interest of the young people and in the total interest of the community. Respectfully submitted, R. N. Russo City Attorney Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. An Ordinance Amending Ordi- nance No. 24-69 by repealing Sec- tion 30 thereof and enacting a new section 30 in lieu thereof to pro- vide for the closing hours at Al- lison -Henderson park, presented and read. Quite a discussion arose as to the content of the proposed Ordinance both for and against. Councilman Moldenhauer moved for adoption of the proposed Ordi- nance. Seconded by Councilman Pregler. The vote was as follows: Yeas — Councilmen Moldenhau- er, Pregler, Nays—Mayor Meyers. Abstain --Councilman Couchman. Absent—Councilman Bitter. Councilman Pregler moved that the Park and Recreation Commis- sion be instructed to re -define the hours on all parks within the City. park system to establish closing Seconded by Mayor Meyers. The vote was as follows: Yeas — Mayor Meyers, Coun- cilman Pregler. Nays—Councilman Moldenhauer. Abstain—Councilman Couchman. Absent—Councilman Bitter. City Attorney R. N. Russo left the Council Chamber at 10:00 P.M. Petition cf Peoples Natural Gas requesting permission to excavate at the intersection of the alley on Olive Street, presented and read. Councilman Pregler moved that the petition be granted. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Petition of Peoples Natural Gas requesting permission to excavate at 759 Clarke Drive, presented and read. Councilman Pregler moved that the petition be granted. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Absent—Councilman Bitter. Petition of American Legion Auxiliary requesting permission to sell poppies on May 22nd and May 23rd, presented and read. Councilman Couchman moved ap. proval of the petition and refer to the City Manager for implementa- tion. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Petition of Dubuque Area Legal Services Agency requesting the Mayor and Council to proclaim May 1, 1970 as Law Day U.S.A., presented and read. Councilman Moldenhauer moved approval of the petition. Seconded by Council- man Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Petition of William Moore re- questing permission to conduct a parade on April 15 to illustrate the cost of the undeclared war in Vietnam, presented and read. Councilman Couchman moved ap. proval of the request and that same be referred to the Manager for procedure and route, Seconded 146 Special Session April 13, 1970 by Mayor Meyers, Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Absent—Councilman Bitter. Petition of William Martens re- questing permission to conduct a parade on April 22nd in coordina- tion with "Earth Day" also per- mission to solicit funds in the downtown area to be given to a local, State of Federal Agency in- volved in the fight against pollu- tion, presented and read. Coun- cilman Pregler moved approval of the petition without permission to solicit funds. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Petition of Y.W.C.A. requesting that the week of April 19th to 26th be proclaimed "Dubuque YWCA week," presented and read. Mayor Meyers moved approval of the pe. tition by issuing the proclamation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Meyers, Coun• cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Petition of Leo B. Grass request- ing a refund of $250 on the unex- pired portion of Liquor license No. C•3470, as he has discontinued bus. iness on March 26, 1970, presented and read. Councilman Pregler moved approval of the petition and instructed the Auditor to issue Proper warrant. Seconded by Ma. yor Meyers. Carried by the follow- ing vote: Yeas — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent.—Councilman Bitter. RESOLUTION NO. 101.70 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT the COune lof the City y fDubuque, Iowa, that the folowing applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Dubuque Yacht Basin, Inc., 1630 East 16th Street Lois M. Morarend, 700 East 16th Street Karl Oleson, 1701 Asbury Street CLASS "C" BEER PERMIT Joseph R. Lenger, 486 North Grandview Avenue Passed, adopted and approved this 13th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Attest: Councilmen Leo F. Frommelt, City Clerk Councilman Couchman moved adoption of the resolution. 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. 102.70 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 di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Dubuque Yacht Basin, Inc., 1630 East 16th Street Lois M. Morarend, 700 East 16th Street Karl Oleson, 1701 Asbury Street CLASS "C" BEER PERMIT Joseph R. Lenger, 486 North Grandview Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Special Session April 13, 1970 147 Passed, adopted and approved this 13th day of April, 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 vote: Yeas — Mayor Meyers, Council- men Couchman, Moldenhauer, Pregler. Nays — None. Absent — Councilman Bitter. RESOLUTION NO. 103-70 WHEREAS, applications for Liquor permits have been sub- mitted 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 Lois M. Morarend, 700 East 16th Street Passed, adopted and approved this 13th day of April, 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 vote: Yeas — Mayor Meyers, Council- men Couchman, Moldenhauer, Pregler. Nays — None. Absent — Councilman Bitter. RESOLUTION NO. 10470 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 or- dinances 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 Lois M. Morarend, 700 East 16th Street Passed, adopted and approved this 13th day of April, 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 vote: Yeas — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Mayor Meyers presented the name of Louis F. Fautseh for re- appointment to the Civil Service Commission for a six year term to March 31, 1976 and moved for the reappointment. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter, Councilman Pregler moved that Mr, John Sherman be re -appointed to the County -City Authority for a four year term and the City So- licitor be instructed to draw up a resolution confirming the action. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. 148 Special Session April 13, 1970 Mr. Paul Ombruni, Bob Catten from Henningson, Durham do Rich- ardson along with Mr. Vern S halltz ms and Jack Kilby presented and graphs explaining the Water Department Development report in detail. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Coun- cilmen Couchman, Moldenhauer, Pregler. Nayr—None. Absent—Councilman Bitter. Leo F. Frommelt City Clerk Approved .........July .20 t. 1970 Adopted ...........July 20, 1970 ......................... City Clerk Special Session, April 20, 1970 149 CITY COUNCIL OFFICIAL Special Session, April 20, 1970. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. City Manager Oil - bort D. Chavenello. Mayor Meyers read the call and stated that service thereof had been duly made and this meeting is called to conduct A PUBLIC HEARING ON THE MAIN STREET PEDESTRIANWAY DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 ON BOTH THE GEN- ERAL AND ELECTRICAL CON- TRACTS, and acting upon such other business as may properly come before a regular meeting of the City Council. Communication of D u b u q u e County Municipal League submit- ting a copy of Dubuque County Li brary Study Committee Report as the result of looking into the ov- erall operation of the Dubuque County Library, presented and read. Councilman Pregler moved that the communication be received and filed and a copy of the report referred to the Library. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman. Mol- denhauer, Pregler. Nays—None. Communication of Mrs. Ralph B. Tritsch of 2245 Pearl Street, a copy of which is addressed to the Uni- versity of Dubuque, relative to .9 water drainage problem created as the result of construction of park- ing lots by the University in the area, presented and read. City En- gineer White stated that some at- tention has been given this matter and they are working with the Uni- versity in the hope of finding an equitable solution. Mayor Meyers then 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, Moldenhau. er, Pregler. Nays—None. Communication of Visitation Academy officials and signed by all student participants in Youth for Government week, expressing thanks to the City, County officials and all coordinators in Youth for Government program thereby ex. pressing a true interest and con- cern for the youth of Dubuque, presented and read. Councilman Couchman moved that the communication be re- ceived and filed and congratula. tions to the youth of the City of a job well done. Seconded by Coun- cilman Pregler. Carried by the fol. lowing vote: Yeas — Mayor Meyers, Council. man Bitter, Couchman, Moldenhau- er, Pregler. Naps—None. Communication of Connie Mc- Cauley of 2111 St. Celia Drive re- questing support to move pollution out of the City and County, 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, Moldenhau- er, Pregler. Nays—None. Communication of County -City Dubuque Authority Inc. submitting an audited report of receipts and disbursements for 1969, presented and read. Councilman Bitter moved that the report be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. April 13, 1970 To the Honorable Mayor and City Council Gentlemen: A request has been received from C. George Biasi for street lighting in Oak Brook Subdivision. it is recommended that two 175 watt mercury vapor lights he in. stalled. One light at the intersec• tion of Butterfield Road and Kens- ington Place. Respectfully, Gilbert D. Chavenelle CIty Manager Councilman Pregler moved ap• proval of the: recommendation. See- 150 Special Session, April 20, 1970 onded by' Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. April 17, 1970 To the Honorable Mayor and City Council I herewith submit the reports of the City Auditor, City Treasurer, Water Department, as well as a list of claims, for the month of March 1970. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved that the re- ports 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. Notice of Suit of Maybelle Herr- man, in the amount of $5000 for personal injuries received in a fall on a defective sidewalk on Heeb Street on April 30, 1968, presented and read. Councilman Bitter mov- ed that the notice of Suit be refer- red to the City Solicitor for inves- tigation and report. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Notice of claim of Marvin Niel- sen of 1284 W. 8th Street, in an unspecified amount, for a damaged gate as the result of removal of Dutch Elm trees, presented and read. Councilman Bitter moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun cilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 9-70 An ordinance amending and changing Ordinance No. 3.34 known as the 'Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" to as to change certain property described as the Northeasterly 36' of Lot 20 In Cook's Addn. from local business "A" District classification to fo- cal business "B" District classifi- cation, ;aid Ordinance having been prev- iously presented and read at the Council meetings of March 23, 1970 And April 18, 1970, presented for final adoption. 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 Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Attorney Dave Setter represent- ing the Wareco Oil Station people stated that, his client desires the re- zoning at this time and they will work with the neighborhood peo- ple to provide a proper atmos- phere. Mrs. Kraus, a next door neighbor, objected to the rezoning on the grounds that they will be right on her property line with a possibility that if she steps out of her back door she will be on the Wareco Station Driveway. Miss Marie Bue- chele questioned the purpose of expanding the rezoning of this property. After considerable discussion Councilman Pregler moved that same be closed. Seconded by May- or Meyers. Carried by the follow- ing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 1-70 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 HERE- INAKER DESCRIBED FROM "LOCAL a SINESS "A" DISTRICT" CLASSIFI- CATION TO "LOCAL BUSINESS "B" DISTRICT" CLASSIFICATION. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, low&" be and the same Is hereby amended by chanpin9 from "Local Business 'A" DIS - tri to Local Business a" District,' classification the follow - Ing described real estate, to -wit: The Northeasterly 36 feet of Lot 20 In Cook's Addition, in the City of Dubuque, Iowa, according to the re- corded Plat of said Addition. section 2. That the foregoing Amend- ment has herefofore been approved by Special Session, April 20, 1970 151 theTann ng Dubuque Ino Commission of Passed, approved and adopted this 201h day of APrII 1970. DbNALD R. MEYERS, Mayor v:AYNE A. MOLDENHAUER JOSEPH GAYLORD M. J. CHMAN COU Councilmen ATTEST: eo Clerk mmett Published officially in The Telegraph - Herald Newspaper this 23rd day of April 1970. LEO F. FROMMELT It. 4/23 City Clerk. Councilman Moldenhauer mov- ed final adoption of the Ordinance. Seconded by Councilman Couch- man. Carried by the following vote: Yeas—Mayor Meyers, Council men Bitter, Couchman, Molden- hauer. Nays—Councilman Pregler. Communication of Susan J. Soley of 1410 Parkway hoping for an equitable solution to the Allison Henderson situation, presented and read. Councilman Bitter moved that the communication be receiv- ed and filed. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays --None, Communication of Mary Anne Rolling of 1305 N. Grandview stat- ing that the lawn sitters at Allison Henderson park are being discrim- inated against because of their ap- pearance and the fact that they en- joy sitting and talking should not be reasons enough to deny them the same freedom that has been given before to anvone, presented and read. Councilman Pregler moved that the communication 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. ORDINANCE NO. 19-70 An ordinance amending Ordi- nance No. 24.69 by repealing Section 30 thereof and enacting a new Section 30 in lieu thereof to provide for the closing at Alli- son -Henderson Park, presented and read. Councilman Moldenhauer moved 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, Council- man 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. Naps—None. ORDINANCE NO. 19.70 AN ORDINANCE AMENDING ORDI. NANCE NO. 24-69 BY REPEALING SECTION 30 THEREOF AND ENACTING A NEW SECTION 30 IN LIEU THEREOF TO PROVIDE FOR THE CLOSING HOURS AT ALLISON - HENDERSON PARK. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 2469 be and the same Is hereby amended by re - Pealing Section 30 thereof and by enact- ing a new Section 30 in lieu thereof. to -wit: SECTION 30. The open season or hours for the respective parks and Park faclll- tles shell be established by the Board. (a) Eagle Point Park, Louis Murphy Park and Flora Park shall be closed to the Public during the hours from midnight to 7:00 o'clpck A.M. dur- ing the regular Park season and Franklin D. Roosevelt Park shall be closed to the Public from sunset to 7:00 O'cicck A.M. during the regular Park season and Allison -Henderson Park shall be closed to the Public dur- ingthe hours from 11:00 o'clock P.M. to 7:00 o'clock A.M. daily and no per- son shall enter or remain 'n any of said parks In violation hereof. (b) During the period M time other than theIegular open Park season, no Per. son shall enter or remain In Eagle Point Park, Louis Murphy Park. Flora Park and Franklin D. Roose- velt Park, except when weather per- mits these ,arks will be opened for moving vehiular traffic on we ek. days between the hours of 8:00 WON* A.M.nd 3:00 o'clock P M and on weekends from 12:00 o'clock noon to 5:00 o'clock P.M. Passed, approved and adopted this 20th day of April 1970. DONALD R. MEYERS, Mayor WALTER A. PREGLER WAYNE A. MOLDENHAUER GJOSEPH DftA CHMAN J. BITTER Councilmen ATTEST: Leo F. Frommell City Clerk Published officially in The Telegraph - Herald Newspaper this 23rd day of April 1970. LEO F FROMMELT It. 4/23 City clerk. Councilman Moldenhauer moved final adoption 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. 150 Special Session, April 20, 1974 onded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Cound - men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. April 17, 1970 To the Honorable Mayor and City Council I herewith submit the reports of the City Auditor, City Treasurer, Water Department, as well as a list of claims, for the month of March 1970. Respectfully, Gilbert D. Cbavenelle City Manager Mayor Meyers moved that the re- ports 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. Notice of Suit of Maybelle Herr- man, in the amount of $5000 for personal injuries received in a fall on a defective sidewalk on Heeb Street on April 30, 1968, presented and read. Councilman Bitter mov- ed that the notice of Suit be refer- red to the City Solicitor for inves- tigation and report. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays --None. Notice of claim of Marvin Niel- sen of 1284 W. 8th Street, in an unspecified amount, for a damaged gate as the result of removal of Dutch Elm trees, presented and read. Councilman Bitter moved that the notice of claim be referred to the City Solicitor for investiga• tion and report. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 9.70 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 described as the Northeasterly 36' of Lot 20 in Cook's Addn. from local business "A" District classification to fo- cal business "B" District classifi- cation, said Ordinance having been prev- iously presented and read at the Council meetings of March 23, 1970 and April 19, 1970, presented for final adoption. 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 Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Attorney Dave Setter represent- ing the Wareco Oil Station people stated that his client desires the re- zoning at this time and they will work with the neighborhood peo- ple to provide a proper atmos- phere. Mrs. Kraus, a next door neighbor, objected to the rezoning on the grounds that they will be right on her property line with a possibility that if she steps out of her back door she will be on the Wareco Station Driveway. Miss Marie Bue- chele questioned the purpose of expanding the rezoning of this property. After considerable discussion Councilman Pregler moved that same be closed. Seconded by May- or Meyers. Carrieu by the follow- ing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 1.70 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3.34 KNOWN AS THE "ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA" 50 AS TO INAFTER CERTAIN PROPERTY OFROMY"LOCAL BUSINESS "A" DISTRICT" CLASSIFI- CATION TO "LOCAL BUSINESS "B" DISTRICT" CLASSIFICATION. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3.34 known as the "Zoning Map and zoning Ordinance of the City of Dubuque, Iowa" be and the same Is hereby amended by changing from "Local Business "A" Dls- tri ct' classification to Local Business B" District" classification the follow - Ing described real estate, to -wit: The Northeasterly 36 feet of Lot 20 in Cook's Addition, In the City of Dubuque, Iowa, according to the re* corded Plat of said Addition. Section 2. That the for"oing Amend- ment has heretofore been approved by Special Session, April 20, 1970 151 the Plan let Oubuque l oWCommission of Passed approved and adopted this 40th day of April 1970. y WAYNE AR MOLDENHAUERor JOSEPH DJ BITTER Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 43rd day o1 April 1970. LEO F. FROMMELT It. 4/13 City Clerk. Councilman Moldenhauer mov- ed final adoption of the Ordinance. Seconded by Councilman Couch. man. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays—Councilman Pregler. Communication of Susan J. Soley of 1410 Parkway hoping for an equitable solution to the Allison Henderson situation, presented and read. Councilman Bitter moved that the communication be receiv- ed and filed. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council men Bitter, Coachman, Molden- hauer, Pregler. Nays—None. Communication of Mary Anne Rolling of 1305 N. Grandview stat- ing that the lawn sitters at Allison Henderson park are being discrim- inated against because of their ap- pearance and the fact that they en- joy sitting and talking should not be reasons enough to deny them the same freedom that has been given before to anyone, presented and read. Councilman Pregler moved that the communication 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. ORDINANCE NO. 19-70 An ordinance amending Ordi- nance No. 24-69 by repealing Section 30 thereof and enacting e new Section 30 in lieu thereof to provide for the closing at Alli- son -Henderson Park, Presented and read. Councilman Moldenhauer moved 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, Council- man 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. 11.10 AN ORDINANCE AMENDING ORDI- NANCE NO. 24-69 BY REPEALING SECTION 30 THEREOF AND ENACTING A NEW SECTION 70 IN LI:U THEREOF TO PROVIDE FOR THE CLOSING HOUoS AT ALLISON - HENDERSON PARK. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section1. That Ordinance No. 2469 be and the same is hereby amended by rep -- pealing Section 30 thereof and by anaet- Ing a new Section 30 in lieu thereof, to -wit. SECTION 30. The open season or hours for the respective parks and park facill- ties shall be established by the Board. (a) Eagle Point Park, Louis Murphy Park and Flora Park shall be closed to the Public during the hours from midnight to 7:00 o'clock A.M. dur- ing the regular park season and Franklin D. Roosevelt Park shall ba closed to the Public from sunset to 7:00 o'cicck A.M. during the regular Park season and Allison -Henderson Park shall be closed to the Public dur- ing the hours from 11:00 o'clock P.M. to 7:00 o'clock A.M. daily, and no Per. son shall enter or remain In any of sold Parks in violation hereof. (b) During the period of time other than the regular open park season, no Per- son shall enter or remain In Eagle Point Park, Louis Murphy Park, Flora Park and Franklin D. Roose- velt Park, except when weather per. mils these Parks will be opened for moving vehicular traffic on week- days between the hours of 6:00 O'clock A.M and 3:00 o'clock P.M. and on weekends from 12:00 o'clock noon to 5:00 o'clock P.M. Passed, approved and adopted this 20th day of April 1970 DONALD R. MEYERS Mayor WALTER A, PREGLEh WAYNE A. MOLDENHAUER JOSEPH vI lJCHMAN. BITTER Councilmen ATTEST: Leo F. Frommelt City Clerk Published officlally In The Telegraph - Herald Newspaper this 23rd day of April 1970. LEO F. FROMMELT It. 4/23 City Clerk. Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nay&—None. 152 Special Session, April 20, 1970 Communication of Patrick Chew agreeing to restrict remainder of Lot 2 of Lot 25, Block 4 in West Side Manor Subdivision comprising they Nly 25.15' of said lot and all of Lot 2 of Lot 24 Block 4 in West Side Manor Subdivision to Single Family residence classification un- til such time as abutting property owners consent to rezoning thereof and further to restrict the height of all buildings, light standards and signs to 18' above the established grade, presented and read. Council- man Pregler moved the communi- cation be referred to the public hearing set for May 18th, 1970. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler, Nays—None. ORDINANCE NO. 20.70 An ordinance amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, as to change the Sly. 150' of Lot 2 of the Subdivis- ion of Lot 25, in Block 4 in West- side Manor Subdivision from Sin- gle Family residence district classification to local business "B" District classification, 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 Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Councilman Couchman moved that the rule requiring reading on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden. hatter, Pregler. Nays—None, Councilman Couchman moved that a public hearing be held on the Ordinance on May 18, 1970, at 7:30 P.m. Daylight Saving Time in the Council Chamber at the City Hall and that the City Clerk be in. structed to publish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 21.70 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 Lot A of Block 10 and Lot 16 of Block 11 all In the Plat of Block 10 and i l in Sunrise Heights Sub. division, from Single Family resi- dence district classification to Multiple Family residence dis trict classification, 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 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. Councilman Couchman moved that a public hearing be held on the Ordinance on May 18, 1970 at 7:30 o'clock p.m. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Mrs. Margaret Schol- brock of 2508 Roosevelt St. request- ing permission to open a beauty salon in her home and requesting proper zoning, presented and read. Councilman Pregler moved that the Petition be referred to the Plan- Special Session, April 20, 1970 153 ning do Zoning Commission for in- vestigation and report. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler- Nays—None. regler.Nays—None. Petition of Hillcrest Investment Inc. requesting consideration for the installation of a storm sewer from Key Way north to property line of Dr. Link property a distance of approximately 500' to take care of run-off water from area west of J.F.K. road and north of Pennsyl- vania Avenue, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and staff for investigation and report. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Mt. St. Bernard Sem- inary requesting rezoning of Lot 2 of 1 of 1 of I of 1 of 2 of Highland Farm; Lot 3 of I of 1 of 1 of 1 of 2 of Highland Farm; Lot 2 of 2 of 2 of St. Rose Place; Lot 1 of 1 of 2 of 1 of 1 of 1 of 2 of Highland Farm, from Single Family to Multiple Residence District Classification, presented and read. Mayor Meyers moved that the petition be referred to the Planning & Zoning Commis- sion for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of David L. Clemens, at- torney, in behalf of residents on Crissy Drive praying for relief of the water drainage problem over their properties due to the lack of a storm sewer on Crissy Drive, pre- sented and read. Councilman Bit- ter moved that the petition be re- ferred to the Engineering Depart- ment for investigation and report. Seconded by Councilman Couch. man. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Mississippi Valley Milk Products Assn., owners of the Dubuque Cheese factory located south of the City limits, requesting permission to connect to the sani- tary sewer at their plant, presented and read. Mayor Meyers moved that the petition be referred to the City Manager, City Engineer and staff for investigation and report, Seconded by Councilman Bitter. Carried by the following vote: men Bitter, Couchman, Molden. hauer, Pregler. Yeas—Mayor Meyers, Council- Nays—None. Petition of Sertoma Club request. ing permission to conduct a circus on Industrial Island on June 14, 1970, permit fee exempt, presented :and read. Councilman Couchman moved that the petition be referred to the City Manager for implemen- tation. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Karen Heeren re- questing a refund of $50 on the un- expired portion of Class B Beer Permit No. 74, as she has discon- tinued business on April 2, 1970, Presented and read. Mayor Meyers moved that the refund be granted :and the Auditor instructed to issue proper warrant. Seconded by Coun- vilman Bitter. Carried by the fol- lowing 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 on resolution of neces- sity for construction of Main Street Pedestrianway Downtown Urban Renewal Project—GENERAL CON- TRACT—presented and read. Coun- cilman Pregler moved that the proof of publication 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. Communication of State Depart- ment of Health advising that the 154 Special Session, April 20, 1970 control of service connections tc the sanitary sewers in the Mair, Street Pedeslrianway Urban Re newal project is under local juris diction, therefore no permit is re quired from their department, pre sented and read. Councilman Preg ler moved that the communication be referred to the Urban Renewal Department. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. April 16, 1970 To the Honorable Mayor and City Council As requested by the Park Board's letter of April 9th, a meeting was held Tuesday, April 14th with Park Board members and Mr. Kramer, Mr. Haltenhoff, Mr. White, Mr. Wit- tenberg, Mr. Gilson, Mr. Charles Mosher, landscape architect consul. tant and the City Manager. Much information was exchang- ed and future meetings will be held as contracts are let and trees se. lected. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved that the communication be received and fil- ed. Seconded by Councilman Preg- ler. Carried by the following 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. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. NaYs--None. Mr. Charles Mosher, landscape architect consultant, went into de- tail in describing the tree situation for the mall. Wendelin Rettenberg- er was of the opinion that no forest trees should be used and that orna- mental trees are more desirable. Mr. Ed Brosius objected mainly to the average cost per tree of $750. Decision of Council upon objec. tions to plans, specifications, form of contract and cost of improve. ments. RESOLUTION NO. 105.70 WHEREAS, proposed plans and specifications and form of contract for the construction of the MAIN STREET PEDESTRIANWAY DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 in the City of. Dubuque, Iowa Section I - General Contract in the area of the proposed right. of -way of Main Street from the south curb line of Ninth Street to the new south right-of-way line of Seventh Street and also the proposed right-of-way of Eighth Street from approximate. ly the east curb line of Locust Street to the west curb line of Iowa Street and the proposed right-of-way of Seventh Street from approximately the east curb line of Locust Street to the west property line of the alley east of Main Street have been approved by the City Council of the City of Dubuque and public notice given and the time and place fixed for the hear. ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 20th day of April, 1970, and WHEREAS, the City Council met in special session this 20th day of April, 1970, at 7:30 o'clock p.m. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and 21 objections which have filed to the proposed plans, speci- fications or cor-tract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore. BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the Special Session, April 20, 1970 155 decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 20th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Mayor Meyers, Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Pregler. Nays—Councilman Moldenhauer. (NECESSITY FOR IMPROVEMENTS RESOLUTION NO. 77.70 WHEREAS, proposed plans, specifications, and forms 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 plan of such improve- ment (2) An estimate of the cost of the improvement for the MAIN STREET PEDESTRIAN W AY DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 in the City of Dubuque, Iowa SECTION I — GENERAL CONTRACT in the area of the proposed right- of-way of Main Street from the south curb line of Ninth Street to the new south right-of-way line of Seventh Street and also the proposed right-of-way of Eighth Street from approximately the east curb line of Locust Street to the west curb line of Iowa Street and the proposed right-of-way of Sev enth Street from approximately the east curb line of Locust Streel to the west property line of the alley east of Main Street. BE IT THEREFORE RESOLVEI that the City Council on its owz 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 will be paid from such funds of the City as may be legally used for such purposes. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk this 6th day of April, 1970. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 20th day of April 1970. Donald R. Meyers Mayor Walter A. Pregler Gaylord M. Couchman Joseph J. Bitter Attest: Leo F. Frommelt City Clerk Councilman Couchman moved final adoption of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council• men Bitter, Couchman, Pregler. Nays—Councilman Moldenhauer. (ORDERING CONSTRUCTION) RESOLUTION NO. 106.70 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA that pur- suant to a Resolution of Necessity No. 77-70 which was duly passed by this Council for the MAIN STREET PEDESTRIAN W AY DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 to the City of Dubuque, Iowa SECTION I — GENERAL CONTRACT in the area of the proposed right- of-way of Main Street from the south curb line of Ninth Street to the new south right-of-way line 156 Special Session, April 20, 1970 of Seventh Street and also the proposed right-of-way of Eignth Street from approximately the east curb line of Locust Street to the west curb line of Iowa Street and the proposed right-of-way of Seventh Street from approximately the east curb line of Locust Street to the west property line of the alley east of Main Street. Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of objectors. 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 cost and expense of said improvement be paid from such funds of the City as may be legally used for such purposes. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NECE- SSITY shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 20th day of April, 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 Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Pregler. Nays—Councilman Moldenhauer. Proof of Publication, certified to by the Publisher, of Notice of pendency of resolution of neces- sity for public improvements and hearing upon proposed plans, spec- ifications, form of contract and cost of improvements for construc. tion of Main Street Pedestrianway Downtown Urban Renewal Project Iowa R -15 --Section II—ELECTRI- CAL CONTRACT, 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 Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments. RESOLUTION NO. 107.70 WHEREAS, proposed plans and specifications and form of contract for the construction of the MAIN STREET PEDESTRIANWAY DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 in the City of Dubuque, Iowa SECTION II — ELECTRICAL CONTRACT in the area of the proposed right. -of-way of Main Street from the south curb line of Ninth Street to the new south right-of-way line of Seventh Street and also the proposed right-of-way of Eighth Street from approximately the east curb line of Locust Street to the west curb line of Iowa Street and the proposed right-of-way of Seventh Street from approximately the east curbline of Locust Street to the west property line of the alley east of Main Street have been approved by the City Council of the City of Dubuque and public notice given and the time and place fixed for the hearing of all Objections to said plans, specifica- tions or contract for or cost of such improvements, said time be. ing this 20th day of April, 1970; and WHEREAS, the City Council met in special session this 20th day of April, 1970, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested par- ties have been given an opportu- nity to be heard and all objections which have been duly weighed and considered; now, therefore Special Session, April 20, 1970 157 BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec. ord in connection with said im- provement. Passed, adopted and approved this 20th day of April, 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. (NECESSITY FOR IMPROVEMENT RESOLUTION NO. 80.70 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 plan of such improve ment (2) An estimate of the cost of the improvement for the MAIN STREET PEDESTRIAN W AY DOWNTOWN URBAN RENEWAI PROJECT IOWA R-15 in the City of Dubuque, Iowa SECTION 11 — ELECTRICAL CONTRACT in the area of the proposed right Of -way of Main Street from th south curb line of Ninth Street to she new south right-of-way line of >eventh Street and also the pro- posed right-of-way of Eighth Street from approximately the east curb line of Locust Street to the west curb line of Iowa Street and the proposed right-of-way of Seventh Street from approximately the east curb line of Locust Street to the west property line of the alley east of Main Street. 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 will be paid from such funds of the City as may be legally used for such purposes. The above resolution was intro- duced, approved and o r d e r e d placed on file with the City Clerk this 6th day of April, 1970. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed by the City Council this 20th day of April 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 final 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. 158 Special Session, April 20, 1970 (ORDERING CONSTRUCTION) RESOLUTION NO. 108.70 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA that pur- suant to a Resolution of Necessity No. 80.70 which was duly passed by this Council for the MAIN STREET PEDESTRIANWAY DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 in the City of Dubuque, Iowa SECTION II — ELECTRICAL CONTRACT in the area of the proposed right- of-way of Main Street from the south curb line of Ninth Street to the new south right-of-way line of Seventh Street and also the proposed right-of-way of Eighth Street from approximately the east curb line of Locust Street to the west curb line of Iowa Street and the proposed right-of-way of Seventh Street from approximately the east curb line of Locust Street to the west property line of the alley east of Main Street. Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of objectors. 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 cost and expense of said improvement be paid from such funds of the City as may be legally used for such purposes. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NEC- ESSITY shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 20th day of April, 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 Moldenhauer. Car - tied by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. RESOLUTION NO. 109.70 Authorizing the publication of notice of sale of Project Notes (Second Series 1970) and the ra- 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- tered into a Loan and Capital Grant Contract for the undertak. ing of the Downtown Urban Re- newel 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 Jan- uary 19, 1970, the Council of the City of Dubuque authorized the issuance and sale of its Project Notes in the aggregate principal amount of $3,262,000 to finance certain undertakings in connec- tion 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 Project Notes (Second Series 1970) totaling $3,235,000; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, 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 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 trsnsac- tiona as provided by the Depart. ment of Housing and Urban De- Special Session, April 20, 1970 159 velopment, United States of Amer- ica. SECTION 3. That a meeting of the Council of the City of Du- buque shall be held after the bid opening date of May 5, 1970, to adopt such resolution or resolu- tions necessary for the consum- mation of the sale of Project Notes (Second Series 1970) to the lowest bidder or bidders. Passed, approved and adopted this 20th day of April, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" 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 Dubuque, State of Iowa 52001, until, and publicly opened at, one o'clock P.M. (E.D.S.T.) on Mav 5, 1970, for the purchase of $3,235,000 of Project Notes (SEC- OND Series 1970), being issued to aid in financing its project(s) as follows: Amount $3.235,000. Series Second Series 1970 Maturity October 16, 1970 The Notes will be dated June 2, 1970, will 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 accepted for the pur- chase of such Notes. All proposals for the purchase of said Notes shall be submitted in a form approved by the Laval Issuing Agency. Copies of such form of proposal and information concerning the Notes may be ob- tained from the Local Issuing Agency at the address indicated above. Detailed information with respeet to the conditions of this sale may be obtained from the April 21, 1970 issue of The Dally Bond Buyer. CITY OF DUBUQUE By 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. 110.70 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. Dorothy Rose Hentges, 2412 Cen- tral Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 20th day of April, 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. 111.70 WHEREAS, applications f or 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 Richard N. Sterklein, 450 West Locust Street 160 Special Session, April 20, 1970 Ney, 2188 Central Ave ed adop. Bitter cvSeconded gsy:aand tion of then resolution. nueCouncilman Poret.hy Rose Hentges, 2412 Cen- Couchman. Carried by the following tral Avenue roved Passed, adopted and approved Yeas—Mayor Meyers, Council. 20th day of April, 1970. men Bitter, Couchman, Molden- this Donald R. Meyers hauer, Pregler. Nays—None. Mayor Walter A. Pregler RESOLUTION NO. 113.70 Wayne A. Moldenhauer WHEREAS, applications for Liq- Gaylord M. Couchman uor permits have been submitted Joseph J. Bitter to this Council for approval and Councilmen the same have been examined, Attest: NOW THEREFORE BE IT RE Leo F. Frommelt SOLVED, by the City Council of City Clerk the City of Dubuque, Iowa, that Councilman Bitter moved adop• the following applications be grant - tion of the resolution. Seconded ed and licenses issued upon the by Councilman Couchman. Carried compliance with the terms of e by the following vote: IOWA LIQUOR CONTROL ACT— Yeas--Mayor Meyers, Council- CHAPTER 123—as amended by men Bitter, Couchman, Molden- the 60th General Assembly, 1963. hauer, Pregler. CLASS "C" COMMERCIAL Nays—None. ESTABLISHMENT Raymond Ney, 2186 Central Ave- RESOLUTION NO. 112-70 nue WHEREAS, applications f or Dorothy Rose Hentges, 2412 Cen- Beer permits were filed by the tral Avenue within named applicants and they Passed, adopted and approved have received the approval of this this 20th day of April, 1970. Council; and Donald R. Meyers WHEREAS, the premises to be Mayor occupied by such applicants were Walter A. Pregler inspected and found to comply Wayne A. Moldenhauer with the ordinances of this City Gaylord M. Couchman and they have filed proper bonds: Joseph J. Bitter NOW THEREFORE BE IT RE- Councilmen SOLVED by the City Council of Attest: the City of Dubuque, Iowa, that Leo F. Frommelt the Manager be and he is hereby City Clerk directed to issue to the following Councilman Bitter moved adop• named applicants a Beer permit. tion of the resolution. Seconded CLASS "B" BEER PERMIT by Councilman Couchman. Carried Richard N. Steeklein, 450 West by the following vote: Locust Street Yeas—Mayor Meyers, Council - Raymond Ney, 2186 Central Ave. men Bitter, Couchman, Molden. nue hauer, Pregler. Dorothy Rose Hentges, 2412 Cen• Nays—None. tral Avenue BE IT FURTHER RESOLVED RESOLUTION NO. 114.70. that the bonds filed by such ap• WHEREAS, applications for Li- the plicants be and the same are here- quor permits were filed by named applicants and they by approved. Passed, adopted and approved within have received the approval of this this 20th day of April, 1970. Council, and the to be Donald R. Meyers WHEREAS, premises Mayor occupied by such applicants were Walter A. Pregler inspected and found to comply with Wayne A. Moldenhauer the State Law and all City ordi- Gaylord M. Couchman nances relevant thereto and they Joseph J. Bitter have filed proper bonds; Councilmen NOW THEREFORE BE IT RE- Attest- SOLVED by the City Council of the Leo F. Frommelt City of Dubuque, Iowa that the City Clerk Manager be authorized to cause to Special Session, April 20, 1970 161 be issued to the following named applicants a Liquor permit. CLASS "C" COMMERCIAL ESTABLISHMENT Raymond Ney 2186 Central Avenue Dorothy Rose Hentges 2412 Central Avenue Passed, adopted and approved this 20th day of April, 1970. Donald R. Meyers Mayor Waiter 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- hauser, Pregler. Nays—None. At 9:30 p.m. Mayor Meyers mov- ed that the Council go into execu- tive session to consider appoint- ment of personnel to the Low Rent Housing Agency. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nay& — None. The Council reconvened in regu- lar session at 10:16 P.M. and Coun- cilman Pregler moved appointmen of the following named persons t the Low Rent Housing Agene ; Mrs. Thomas Fleming and Hal Re . nolds to one year terms, Mrp James Grant, Rev. Robert Odden and William Witt to two years terms all effective from April 20, 1970. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. There being no further business Mayor Meyers moved to adjourn. Seconded by Councilman Couch- man. Cairied by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Leo F. Frommelt City Clerk Approved July 20,1970 Adopted July 20,1970 Regular Session, May 4, 1970 163 CITY COUNCIL (OFFICIAL) Regular Session, May 4, 1970. Council met at 7:30 P.M. (Cen. 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 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 Craig Wooten of 1330 Curtis Street relative to the pollution problem and request. ing what steps are being taken to eliminate it here in the City. pre- sented and read. Councilman Bit- ter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Mol- denhauer, Pregler. Nays—None. Communication of Jerry A. White of 445 Wartburg Place in- dicating an awareness of the pollu- tion problem being created by in- ternal combustion engines and re- questing that the problem be brought to the attention of the producers of said engines, present- ed and read. Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilman Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Communication of Project Con- cern congratulating the Council on action taken in appointing citizens to the Dubuque Housing Authority and recommending that a full time director or secretary be provided for in the City budget, presented and read. Mayor Meyers moved to refer the communication to the Council and the Manager for con- sideration at budget time. Second. ed by Councilman Pregler. Carried by the following vote: Yeas -- Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Communication of Crime Com- mission submitting a resolution stating that funds can be made available to assist in financing a study of the feasibility and plan- ning of a joint law enforcement facility and recommending that a committee be composed of City, County, Police, Sheriff, and Crime Commission, presented and read. Councilman Pregler moved that the Mayor and Manager be author- ized to implement the recommen- dation. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during March 1970, presented and read. Mayor Meyers 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, Molden- hauer, Pregler. Nays—None. May 1, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a request to have property at 2508 Roosevelt reclassified from Single Family Residence to Local Business "A" District. This property is occupied by a residential structure: and is sur. rounded by other residential struc- tures, The General Development proposes that this area remain resi- dential. Reclassification of this property would be creating a new Commer- cial District on the Zoning Map and could be considered spot zon- ing. 164 Regular Session, May 4, 1970 It is the recommendation of the Commission that this request not be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Mayor Meyers moved to concur in the recommendation. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. May 1, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Two Family Residence classifica- tion to Multiple Residence classi- fication, property described as Lot 2 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 67, in the City of Dubuque, Iowa. This property is bounded on the north by Mercy Medical Center property, on the west by Holiday Inn, on the south by a gasoline service station, and on the east by vacant land. Access to the area would be through the Holiday Inn parking lot. At the public hearing no one expressed opposition. A petition signed by residents of Clara Street and stating support for the propos- al was received. It is the recommendation of the Planning and Zoning Commission that this proposal be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved to re- fer the recommendation to the Planning & Zoning Commission for proper proceedings. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. May 1, 1970 To the Honorable Mayor and City Council An act, known as Senate File 1197, relating to municipal court clerks and bailiffs was enacted by the Sixty -Third General Assembly of the State of Iowa, and approved by the Governor on April 13, 1970. The primary purpose of this act was to establish a maximum annual salary for the above positions ef- fective July 1, 1970, and transfer further authority for salary con. siderations after this date to the City Council subject to the approv- al of the Board of Supervisors. However, because this act was deemed to be of immediate impor. tance it was stipulated to be in full force and effect from and after its publication in the Telegraph Her- ald. This publication was accom- plished on April 17, 1970. The amount of salary increase approved by the General Assembly was $2,100.00 per annum. In recognition of the merits of a salary adjustment for these posi- tions it is recommended by the city manager that the monthly salary of the court clerk be adjusted for the remainder of the calendar year 1970 so as to reflect a gross amount of $9,100.00 for the entire calendar year of 1970; and that the monthly salary of the court bailiff be adjusted in a like manner so as to reflect a gross amount of $8,800 for the calendar year 1970. An interpretation from the City Solicitor is on file in the city man- ager's office indicating that these salary adjustments are within the scope of the intent of this act. A copy of Senate File 1197 is at- tached for your information and reference. Respectfully, Gilbert D. Chaveneile City Manager Councilman Bitter moved that the communication be received and filed and made a matter of record and the recommendation be ap- proved. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. April 30, 1970 To the Honorable Mayor and City Council, This is to advise that I have ap- proved the following bonds and pol- Regular Session, May 4, 1970 165 icy, and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY William Spiegel, Grinnell Mutual Reinsurance Co. SIDEWALK William O'Neill, Merchants Mutual Bonding Company Saffran Construction Company, Merchants Mutual Bonding Com- pany Wm. "Bill" Spiegel, Grinnell Mu- tual Reinsurance Co. Willy Construction Company, Al- lied Mutual Insurance Company Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved for filing approval subject to approval of the City Attorney. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. April 23, 1970 To the Honorable Mayor and City Council I am returning to you a petition for reactivating an alley running west from the 1400 block of Glen Oak and continuing north to Ver- non Street. Also, I am returning a petition for sealcoating Ridgeway. Enclosed is a letter from Cletus Allen indicating that he and Mr. White have reviewed both re- quests and that the jobs will be done this summer. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication 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. April 29, 1970 Honorable Mayor and City Council I am returning to you the peti- tion of Hillcrest Investment Inc. for a storm sewer through their property. I recommend that the petition be denied due to the large city cost involved in the sewer requested. I believe that the best course of ac- tion under the circumstances is to leave the existing drainage way open. I am enclosing a letter from City Engineer White dated April 23 which explains the details of the situation. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved to concur in the Manager's recommendation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. April 29, 1970 To the Honorable Mayor and City Council Please find attached letter to Mr. Herbert Meyer, 391 Mountain Lane, Dubuque, Iowa. In answer to Mr. Meyers letter sent to the City Council on the 6th of February, 1970 in relation to the condition of Mountain Lane. The letter explains how the street was put on the assessment program and had to be removed due to the high cost and the fact that the city only owned a 20 foot right-of-way and therefore, would have to purchase property. This made the cost of the project in- feasible. After determining this, the City Engineering staff met with the City Street Commission- er, Cletus Allen, and determined that one way we could fix up the street is to repair the base and seal coat the street and also raise the lower 8 feet of Mr. Meyers drive 6 inches and filling in the low area with stone and seal coat- ing. Respectfully submitted. John L. White, P.E. City Engineer Councilman Pregler moved ap- proval of the recommendation. Sec. onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden hauer, Pregler. Nays—None. 166 Regular Session, May 4, 1970 April 29, 1970 To the Honorable Mayor and City Council Please find attached letter sent to Mr. James Hadley explaining what we have done in answer to his letter that was sent to the City Council dated January 31, 1970 and July 23, 1969. The City Engineering staff re- viewed the sewer situation, exam. ined the storm sewer, examined the sanitary sewer and determined that both sanitary and storm sew- er needed cleaning. We, therefore, April 24, 1970 cleaned out the sewer with a sewer Hon. Mayor and bucket machine to remove any set- City Council tled solids and also to detect any On February 7, 1969, Catherine irregularities in the sewer. The M. Poire commenced an action City Street Department has done against the City of Dubuque, Iowa, some work on fixing up the catch Anthony Rhomberg and The Asper. basins in the area. mont Company claiming damages Very truly yours, in the amount of $15,000.00 alleg- ing that she suffered injuries, same John L. White, P.E. being a fractured hip and other in - City Engineer juries as the result of a fall on or about March 7, 1967 in that she tripped over an oil -fill pipe located in the parkway between the curb and sidewalk abutting the property of the Aspermont Com. pany being approximately 483 lo- cust Street in the City of Dubuque, Iowa. The said matter was referred to the City Attorney and on the 23rd day of April 1970, the plaintiff, Catherine M. Poire, filed Dismissal with prejudice against the defend. ants and said dismissal was at no cost to the City of Dubuque. Notice of claim and notice of suit is attached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved that the communication be received and filed and made a matter of record. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays—None. April 29, 1970 Hon. Mayor & City Council On October 9, 1969, Mrs. Mary T. Hendricks of 1311 N. Grandview, this city, filed claim against the City of Dubuque in the amount of $140.86, claiming damages as the cost to the City. Respectfully submitted, R. N. Russo City Attorney Mayor ltieyers moved that the communication be received and filed and made a matter of re.c. ord. Seconded by Councilman Preg. ler. Carried by the following vot(": Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Mayor !Meyers moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow. ing vote: Yeas — Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays—None. April 29, 1970 Hon. Mayor and City Council Re: Rainbo Oil Company Rainbo Oil Company served no. tice of suit on the City of Dubuque claiming damages in the amount of $189,762.93 for damages allegedly resulting from negligence on the part of the City resulting in fire loss to the plaintiff. This matter was referred to the appropriate City Agency who thereafter served notice on the City that coverage was limited to the sum of $50,000.00 and there. after the City joined in making appropriate motions attacking said petition for damages on the grounds that Rainbo Oil Company is not the real party in interest and said motion was sustained by Honorable John C. Oberhausen, Judge, in order entered on the 24th day of April, 1970. This terminates this facet of the action for the time being, at no Regular Session, May 4, 1970 167 result of striking a large rock with her auto on East 4th Street Exten- sion near Petrakis Park on October 3, 1969 at 10:00 A.M. Thereafter, said claim was re- ferred to the City Attorney who made an investigation of said mat- ter and referred said claim to the carrier for the sub -contractor haul- ing rip -rap to the river -front. On April 27, 1970, the City Attorney was advised that said claim had been satisfied in full and to the satisfaction of the claimant. In view of the foregoing, it is the recommendation of the City Attorney that the claim filed against the City of Dubuque be de- nied. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Mayor Meyers moved that the communication be received and filed and made a matter of record. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. April 28, 1970 Hon. Mayor & City Council On February 23, 1970, Agnes M. Terry of 2288 Jackson Street, this city, filed claim against the City of Dubuque, Iowa, for damages al- legedly suffered on February 18, 1970, claiming injuries suffered as the result of a fall on steps leading to the street at 658 W. Third, Da- buque, Iowa at about 6:30 P.M. on said date. This matter was referred to the City Attorney who has made an investigation of this matter and has reviewed pertinent law and finds that there is no actionable negligence on the part of the City of Dubuque, and in view of the foregoing, it is the recommenda- tion that the claim of Agnes M. Terry be denied. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Mayor Meyers moved that the communication be received and filed and made a matter of record. 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 Bruce J. Heitz, in an undetermined amount, for property damage as the result of removal of diseased Dutch Elm Trees at 2500 Broadway, presented and read. Mayor Meyers moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Notice of Suit of American States Insurance $30,000, Aetna Casualty & Surety $30,000, Trans- america Insurance $50,000 for a to- tal of $110,000 as the result of the Rainbo Oil Company fire on South Main Street on February 8, 1969, presented and read. Mayor Meyers moved that the noitce of suit be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun* oilmen Bitter, Couchman, Molden hauer, Pregler. Nays—None. ORDINANCE NO. 22.70 An Ordinance Amendin0 Ordi- nance No. 37-65 known as the "Street Parking Mehr Ordinance of Dubuque, Iowa" by Repealing subsection 6.2.8 of Section 6.2 of Parking Meter District B thereof removing both sides of Seventh Street between Iowa Street and Main Street 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 Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Councilman Bitter moved that the rule requiring the reading of an Ordinance on three separate days be waived. Seconded by Coun. 168 Regular Session, May 4, 1970 cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Moldeu- hauer, Pregler. Nays—None. RDINANCE No. TT-ro o37AN65 AMENDING N AORDI- THE DUBUING ,y1E, IOWA , BY RDEI- SUBSEC ION 6.2.8 OF SEC - )F REMOVING BOTH SEVENTH STREET BE- OWA STREET AND MAIN ROM SAID PARKING METER ITY COUNCIL OF ORDAINED CITY iF THE CITY OF DUBUQUE, Section 1. That Ordinance No. 37-65 known as the 'Street Parking Meter Or- dinance of Dubuque, Iowa" be and the Sub ectionh6.2 8y of Section 6 ed 2 repealing Park- Ing ark Ing Meter District 0 and that the same be and Is hereby repealed and of no further force cr effect. Passed, approved and adopted this 4th day of May, 1970. Donald R. Meyers Mayor Walter A. Preggler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 71h day of May 1970. Leo F. Frommelt City Clerk. it. 5/7 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden• hsuer, Pregler. Nays—None. ORDINANCE NO, 23.70 An Ordinance Amending Ordi- nance No. 33.49 known as the "Traffic Cade of Dubuque, Iowa", as amended, by enacting a new subsection 19 to Section A of Schedule III thereof to provide that eastbound and westbound vehicles on Keymont Street must stop before entering the intersec. tion of Vizalea Street and Key- mont Street, 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, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Councilman Bitter moved that. the rule requiring the reading of an Ordinance 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. E No. 23-70 AMENDING OR KNOWN AS T OF DUBUQI II ES T ORDAINED IF Trit CITY F DUBUQUE, Section 1. That Ordinance No. 33.49 known as the "Traffic Code of D, buque, Iowa" as amended, be and the same is hereby amended by enaacting a new Sub- section 19 to Section A of Schedule III thereof as follows. Schedule III. A. Eastbound and West -bund ve- hicles must stop before entering the Intersection of: 19. Vizalea Street and Keymont Street. Passed, approved and adopted this 4th day of May, 1970. Donald R. Meyers r A. Pregler e A. Mrldenhauer )rd M. Couchman ,h J. Bitter ATTEST: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 71h day of May 1970. Leo F. Frommelt City Clerk. It. 5/7 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, 11Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 24.70 An Ordinance Amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new subsection 7 to Section E. of Schedule III thereof to provide that eastbound vehicles on Key- mont Street must stop before en- tering the intersection of Key- way Street and Keymont Street, 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, Coun- cilmen Bitter, Couchman, Malden. hatter, Pregler. Nays—None. Regular Session, May 4, 1970 169 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 Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 44.70 AN ORDINANCE AMENDING ORDI- NANCE NO. 33.49 KNOWN AS THE T tAFFIC CODt OF DUBUQUE, IOWA", AS E,NG A SUBSECTIDUND 7©TOE NACTSECTION EN F SCHEDULE III THEREOF TO PROVIDE THAT EASTBOUND SSTREETD MT VEHICLES TP BE FORE ENTERING THE INTERSEC- TION OF KEYWAY STREET AND KEY. MONT STREET. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa as amended, be and trip same is hereby amended by enacting a new Sub. section 7 to Section E of Schedule III there -f as follows: Schedule 111. E. Eastbound vehicles must stop be- fore entering the intersection of: 7. Keyway Slreet and Keymont Street. Passed, approved and adopted this 4th day of May, 1970. Donald R. Meyers Mayor Waller A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Publishtd officially in The Telegraph - Herald Newspaper this 7th day of May 1970, Leo F. Frommelt 1t. 5/7 City Clerk. Councilman Bitter moved final adoption of the Ordinance. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler, Nays—None. ORDINANCE NO. 25-70 An Ordinance Amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa," as Amended, by enacting a new subsec ion 20 to Section A of Schedule 111 thereof to provide that eastbound and westbound vehicles on Scenic View Drive must stop before entering the intersection of Maryville Drive and Scenic View Drive, Presented and read. Councilman Bitter moved that the hearing just had be considered the first reading of the Ordinance. Seconded by Councilman Couch- man. Carried by the following rote: Yeas — Mayor Meyers, Coun. ^ilmen 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- lowing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. OF Y TERING THE INTERSECTION OF MARYVILLE DRIVE AND SCENIC VIEW D-OVE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: Section 1. The, ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa," as amended, be and the same Is hereby amended by enacting a new sub- section 20 to Section A of Schedule III thereof as follows: Schedule ill. A. Eastbound and westbound ve- hicles must slop before entering the Intersection of: 20. Maryville Drive and Scenic View Drive. Passed, approved and adopted this 4th day of May, 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 71h day of May 1970. Leo F. Frommelt City Clerk. 1t. 5/7 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas — Mayor Meyers. Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. May 1, 1970 To the Honorable Mayor and City Council 1 have mel with representatives of the Dubuque Humane Society, reviewed the expenditures and revenues of the dog shelter opera- tion for the period August 15, 1969 to March 15. 1970, and estimated the budget for this operation for the year 1970. I estimate: 170 Regular Session, May 4, 1970 The 1,970 expenditure will be $19,000 to $20.000. The 1970 receipts (under present arrangements) will be $141700. The 1970 deficit will be $4,300 to $5,300. Further, the cash flow of the shelter operation is not sufficient to pay all current bills. I have also reviewed the shelter record for the months of Novem- ber, 1969 through February, 1970. About 55 to 60 percent of the dog population at the shelter is from the City of Dubuque. Because of the difficult financial situation, and because the opera- tion of the dog shelter is important for the city and is being effective- ly operated at less cost than the city could operate a separate shel- ter, I request that additional pay- ments be made during 1970 to the Dubuque Humane Society. Un- der a contract dated March 1, 1969. the city pays $4,000 per year for an additional $3.000 be made avail - shelter service. I recommend that able for the current year. I have requested the City Audi. tor to draft an ordinance which will increase the 1970 budget ap- propriation "Dog Pound" by $3,000. This ordinance will be presented for your consideration and must be set down for public hearing be- fore final passage. I recommend that you favorably consider the ordinance and that payments to the Dubuque Humane. Society during 1970 be increased according to the suggestions of this letter. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 26.70 An Ordinance amending the bud. get as approved by Ordinance No. 470, presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Meyers. Car. ried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Mey- ers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Councilman Bitter moved that a public hearing be held on the Ordi- nance on May 1$, 1970 at 7:30 p.m. Daylight Saving Time, in the Coun- cil Chamber at the City hall and the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Riverside Bowl re. questing permission to vacate Haw- thorne Street from Kerper Blvd. to Lake Street from June 16th to 21st for the benefit of Dubuque Boat Vacation and travel show, present- ed and read. Councilman Pregler moved that the petition be referred to the Dock Commission for their indicated action. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Philip Langas et al by Martin Hill, attorney requesting rezoning of property at 1105 Loras Blvd., known as Phil's Pizza & Chicken Hut from Local Business "A" to Local Business "B" classifi- cation, presented and read. Mayor Meyers moved that the petition be referred to the Planning & Zoning Commission for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Regular Session, May 4, 1970 171 Petition of Mrs. Fanny Beiler, by David Kintzinger attorney, request- ing a quit claim deed to a vacated alley 20' wide abutting Lots 4 & 5 in Grandview Place vacated by Or- dinance adopted May 4, 1916, to clear title for the present property owner, John W. & Grace M. Riley, presented and read. Let the record show that a Quit Claim Deed was attached to the petition covering the above conveyance which the Mayor and Clerk were instructed to sign with the approval of the City Solicitor. Councilman Couchman moved approval of the petition and resultant action taken. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Dubuquette Drill and Color Guard requesting a proclama- tion and permission to sell Dubu- quette buttons on May 22nd and 23rd, and May 29th and 30th on 8th and 9th on Main Street to support drill team events, presented and read. Mayor Meyers moved approv- al of the petition and referred same to the City Manager for im- plementation. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Dubuque Memorial sion to conduct a Memorial Day Pa - Day Committee requesting permis- rade on May 30, 1970, presented and read. Councilman Couchman moved approval of the petition with referal to the City Manager for di- rection. Seconded by Mayor Mey- ers. Carried by the following vote- Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Charles K. Petrakis et al (30 signers) requesting that the snow not alone be plowed but also be picked up from the 2500 block up to at least 26th street on Central Avenue, presented and read. Mayor Meyers moved that the petition be referred to the Manager and Street Department. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Petition of Edward G. Brown re- questing a refund of $100 on the unexpired portion of Class B Beer Permit No. 115, discontinued busi- ness on April 29, 1970, presented and read. Mayor Meyers moved that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Karen Heeren re- questing a refund of $125 on the unexpired portion of Liquor Li- cense No. C-6445, discontinued bust ness on April 6, 1970, presented and read. Mayor Meyers moved that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. April 27, 1970 To the Honorable Mayor and City Council I am enclosing letters from Mr. J. J. Hall and Mr. John L. White recommending that the Water Re- port submitted to you on April 13th by Henningson, Durham and Rich- ardson, and Cullen-Schiltz Asso- ciates be accepted. I recommend that you adopt the proposed Resolution pertaining to this matter. Respectfully, Gilbert D. Chavenelle City Manager 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. 172 Regular Session, May 4, 1970 RESOLUTION NO, 115.70 Resolution approving engineering service agreement for water sup- ply and treatment facilities. WHEREAS, the City of Dubuque Water Department entered into an agreement with Henningson, Dur- ham & Richardson, dated Januan, 17, 1967; and WHEREAS, the engineering ser- vice agreement was entered into on that date; and WHEREAS, pursuant to said agreement a final report on water supply and water treatment as sub- mitted by Henningson, Durham & Richardson and Cullen, Schiltz & Associates, consultants, has been submitted to the Water Department of the City of Dubuque, Iowa; and WHEREAS, said report includes a pre -design engineering study of the proposed water supply and wa- ter treatment facilities to be ex- tended or improved until the year 2t:00. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final report on water supply and water treat. ment as submitted by Henningson, Durham & Richardson and Cullen, Schiltz & Associates, consultants, pursuant to the engineering ser- vice agreement as entered into by and between said consultants and the City of Dubuque, Iowa on Jan. uary 17, 1967 and which report in- cludes a pre -design engineering study of the proposed water supply and water treatment facilities to be extended or improved until the year of 2000, be and the same is hereby accepted and that said re- port be and the same is hereby ap- proved and adopted. Passed, approved and adopted this 4th day of May, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Attest: Councilmen 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. 116.70 Resolution accepting delivery of grant of easement for flood pro. tection works. WHEREAS, Flynn Ready -Mix Company has executed and deliver- ed to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, across the following describ- ed real estate, to -wit: A parcel of land lying in Lot 9 of Block 4 of River Front Subdi. vision No. 2 being a part of Flynn Ready - Mix Company Lease, which parcel is outlined in red and cross -hatched on the plat attached hereto, marked Exhibit "A" and by this reference made a part hereof in connection with City of Dubuque Flood Control Plan. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section I. Delivery of grant of Perpetual easement to City of Du- buque, Iowa, by Flynn Ready -Mix Company, dated the 23rd day of April, 1970, be and the same is hereby accepted by the City of Du- buque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to ex- ecute the certificate of Clerk affix. ed to such granting instrument and cause said grant of perpetual ease- ment to be recorded in the office of the Recorder in and for Dubu. que County, Iowa, together with this Resolution. Passed, adopted and approved this 4th day of May, 1970. Donald R. Meyers Mayor Gaylord M. Couchman Joseph J. Bitter Wayne A. Moldenhauer Walter A. Pregler 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. Regular Session, May 4, 1970 173 RESOLUTION NO. 117.70 WHEREAS, SISTERS OF THE PRESENTATION, an Iowa corpora- tion, for consideration of $6,500.00 paid by the City of Dubuque, Iowa, has granted a perpetual easement to the City of Dubuque in, over and across the following described real estate, to -wit: That portion of Lot 1 of Lot 2 of Byrnes Subdivision in the City of Dubuque, Dubuque County, Iowa, the boundaries of which are de- lineated in red on the attached plat, marked Exhibit "A" and by reference made a part hereof and incorporated herein. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the grant of per- petual easement by SISTERS OF THE PRESENTATION, an Iowa corporation, to the City of Dubu- que, Iowa, in and over and across the real estate hereinabove de- scribed be and the same is hereby accepted. Passed, approved and adopted this 4th day of May, 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. 118-70 WHEREAS, the U.S. Army Corp; of Engineers has forwarded thi "Supplement No. 4 to Right o Entry" for execution by the City o Dubuque, Iowa, and WHEREAS, said right of entr, unto the United States of Americ, is necessary in connection with th, Mississippi River Flood Protectioi Project, and WIIEREAS, the grant of entry t United States of America, et al should be approved. NOW, THEREFORE, BE IT RE- 'iOLVED BY THE CITY COUNCIL )F THE CITY OF DUBUQUE, OWA: Section 1. That the Mayor and ,ity Clerk be and they are hereby authorized and directed to execute he "Supplement No. 4 to Right of entry" for and one behalf of the ;ity of Dubuque, Iowa. Section 2. That the City Clerk je and he is hereby authorized and :lirected to certify copy of this res- Aution together with original `Supplement No. 4 to Right of En- try" together with "Supplement No. 4 to Attorney's Certificate as to right-of-way to the department of the Army, Rock Island Corps of Engineers, Clock Tower Building, Rock Island, Illinois 61201. Passed, approved and adopted this 4th day of May, 1970. Donald R. Meyers Mayor Walter A. Pregler Gaylord M. Couchman Joseph J. Bitter Wayne A. Moldenhauer 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. RESOLUTION NO. 119.70 WHEREAS, the term of the Com- missioner appointed to the City - County Authority, which appoint- ment has been made and shall be made by the City of Dubuque, Iowa, terminates on the day of. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That John Sherman be and he is hereby appointed Com- missioner of the City -County Auth- ority effective April 1?, 1970 for a term of four (4) years for the term commencing May 22, 1970. Section 2. That the appointment of John Sherman as such Commis- sioner by the City Council on the 13th day of April, 1970 be and the 174 Regular Session, May 4, 1970 same is hereby ratified and con- firmed. Passed, approved and adopted this 4th day of May, 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 illayor Meyers. Carried by the fol lowing 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 on resolution of neces. sity, proposed plans, specifications and form of contract for the con- struction of CITY OF DUBUQUE 1970 CONCRETE CURB & GUT. TER PROJECT NO. 1 on 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 of Lot 1 of E1/2 Of SW?14 of 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 pre,ent in the Council Chamber at the time set for the public hearing. Coun. cilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Moldenhauer. Carried by the fol- lowing 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 April 15, 1970 to property owners of record, subject to assessment for construction of City of Dubuque 1970 Concrete Curb & Gutter Pro. ject No. 1, presented and read. Mayor Meyers 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. (Decision of Council upon object. ions to plans, specifications, form of contract and cost of improve- ments) RESOLUTION NO. 120.70 WHEREAS, proposed plans and specifications and form of con- tract for the City of Dubuque 1970 Concrete Curb & Gutter Project No. 1 have been approved by the City Council of the City of Dubuque and Public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all object- ions to said plans, specifications or contract for or cost of such im. provements, said time being this 4tli day of May, 1970; and WHEREAS, the City Council met in regular session this 4th day of May, 1970, at 7:30 o'clock p.m. at the Council Chambers in the City Hall for the purpose of hcarin, all in- terested 'parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de. scribed and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con. sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and Proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- Regular Session, May 4, 1970 175 Ord in connection with said im- provement. Passed, adopted and approved this 4th day of May, 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. (Necessity for Improvement) RESOLUTION NO. 85-70 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assesment limits. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the CITY OF DUBUQUE 1970 CON- CRETE CURB & GUTTER PROJ- ECT 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 of 1 of E. %- of S.W. 1/4 of Section 21—T. 89N R.2E. westerly to the Corporatior Limits. BE IT TIIEREFORE RESOLVE]: that the City Council on its owr motion or upon petition of proper ty owners, 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 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 the City Engineer 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 improve- ment will be assessed upon and against all privately owned prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any defic- iency shall be paid out of the Road Use Tax fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed 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 plac- ed on file with the City Clerk this 6th day of April, 1970. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 4th day of May 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. 176 Regular Session, May 4, 1970 (Ordering Construction) RESOLUTION NO. 121.70 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. by 85. 0 which was duly passed Council, for the City of Dubuque Co 1970 ncrete Curb and Gutter Project No. 1: LOCUST UFourth Street t STREET—from ofS.P.L. of Eighth Street PENNSYLVANIA AVENUE—from the W.P.L. of Lot 2-1-E. %-S.W. 1/4.—Section 21 T. 89 N. R. 2E. westerly to the Corporation Lim- its be and the same are hereby order- ed and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con- structed 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 said improvements be paid for by levy- ing special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any, deficiency will be paid out of the Street funds of the City, or partly from each of such funds. Payment will be made to the contractor out of funds real. ized from the sale of Street Im- provement bonds to be issued in anticipation of deferred payments of assesments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemec urgent and of immediate necessity shall be in force and effect frorr and after its passage and adoptior by the City Council. Passed, adopted and approved this 4th day of May. 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. Sec- onded by Councilman Bitter. 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 Pendency of resolution of neces- sity for public improvements and hearing upon proposed plans, spec- ifications, form of contract and cost of improvements for the con. struction of CITY OF DUBUQUE 1970 HOT MIX -NOT LAID AS- PHALTIC CONCRETE PAVING PROJECT NO. 1 on the following named streets: 1. ASBURY ROAD—Maintenance 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 GRANDVIEW AVEN• UE — S.P.L. of Kerrigan Road to the south end of the street. 4. JOHN F. KENNEDY ROAD— from the N.P.L. of Pennsyl. vania 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 10th 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. Y4 -Section 21-T.89 N. R. 2 E. westerly to the Corp. oration Limits. 8, PENNSYLVANIA AVENUE — Street reconstruction near Westridge Drive. from 9. RHOMBERG AVENUE — the N.P.L. of Marshall Street to Wisconsin Bridge. Regular Session, May 4, 1970 177 10. sHIRAS lace- ment westVof RhombergENUE — cAven- ue Intersection. 11. from the N HI of Street STREET 4h r to the N.P.L. of 10th Street presented and read. Mayor Meyers moved that the proof of publica- 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. Statement of City Clerk certify- ing that notices of public hearing on resolution of necessity were mailed by certified mail on April 15, 1970 to property owners sub- ject to assessment according to the record at the office of the County Auditor for construction of City of Dubuque 1970 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1, presented and read. Councilman Pregler moved that the statement be received and fil- ed. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of Daniel P. Ernst attorney submitting a peti- tion on behalf of property owners objecting to paving of S. Grand- view and requesting to be heard at the meeting. Mayor Meyers mov- ed 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. Petition of John M. Welsh et al (67 signatures) objecting to the Hot Mix -Hot Laid paving of S. Grandview Aveune from Kerrigan Road 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, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Mrs. Marie Haupert Of 500 Kaufmann Ave. objecting to the City spending $17,000 of taxpayer's money to pave S. Grand- view Avenue, presented and read. Mayor Meyers moved that the petition 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. Mayor Meyers moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Attorney Dan Ernst addressed the Council in behalf of his clients stating that the water main was installed last year and the re- surfacing could have been done then at less expense. Sister Mary Barbara of Mt. Carmel made in- quiry as to their assessment. Leroy Machulda of 1655 S. Grandview attributed the condition of the street to the gas line fail- ures. Bernard Bedtka of 2642 Central Ave., K. Hafeman of 2755 Central Ave., Reuben Pline of 2749 Central Ave., Al Schiltz of 2747 Central Ave. Jim McDonough Central Man- or Apt. building, Gene Heiberger of 2739 Central Ave., and Arnold Schueller of 3000 Central Ave. ob- jected in part of the paving pro- gram but further objected mainly to several existing conditions such as parking, snow removal and the fact that Central is a State High- way. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provement) RESOLUTION No. 122-70 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1970 HOT MIX -HOT LAID ASPHALTIC PA- VING PROJECT NO. 1 have been approved by the City Council of the City of Dubuque and public no- tice given by Chapter rtai of the to Code of Iowa, 1950, pe public contracts and bonds, and the time and place fixed for the hearing of 811 objections to said plans, specifications or contract for or cost of such improvements, said time being this 4th day of May, 1970; and 178 Regular Session, May 4, 1970 WHEREAS, the City Council met in regular session this 4th day of May, 1970, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de- scribed and proposed to be made: and WHEREAS, all interested par- ties have been given an opportuni- ty to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent re- cord in connection with said im. provement. Passed, adopted and approved this 4th day of May, 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. (Necessity for Improvement) RESOLUTION No. 89.70 WHEREAS, proposed plans specifications, form of contract plat and schedule have duly pre. Jared and approved by the City :'ouncil of the City of Dubuque incl are now on file in the office A the City Clerk showing among Aber things the following: 1. The assessment limits. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be asses- sed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there. of which is estimated to he as- sessed against each lot, for the City of Dubuque 1970 HOT MIX -HOT LAID ASPHALTIC CONCRETE PAVING PRO- JECT NO. I. 1. Asbury Road - Maintenance 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 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 Ave. nue 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 10th Street. 6, Ninth Street form 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. i/2-S.W. V4 -Section 21-T. 89 N. R. 2 E. westerly to the Corporation Limits. 8. Pennsylvania Avenue - Street reconstruction near Westridge Drive. 9. Rhomberg Avenue - from the N.P.L. of Marshall Street to Wisconsin Bridge. lo. Shiraz Avenue - Replacement west of Rhomberg Avenue In- tersection. 11, White Street - from the N.P.L. of 4th Street to the N.P.L. of loth Street. Regular Session, May 4, 1970 179 BE IT THEREFORE RESOLVED that. the City Council on its own motion or upon petition of proper- ty owners, 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 con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, 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 therefor by the City Engineer 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 improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to ex- ceed the amount provided by law, property will be assessed whether the same abuts thereon or is ad- jacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Road Use Tax. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed 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 6th day of April, 1970. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 4th day of May, 1970. Donald A. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauel Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved 'final adoption of the resolution. Seconded by Councilman Bitter. "arried by the following vote: Yeas — Mayor Meyers, Council - nen Bitter, Couchman, Molden- hauer, Pregler. Nays — None. (Ordering Construction) RESOLUTION NO. 123.70 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a reso- lution of necessity No. 89-70 which was duly passed by this Council, for the City of Dubuque 1970 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1. 1. ASBURY ROAD—Maintenance 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 GRANDVIEW AVEN. UE—S.P.L. of Kerrigan Road to the south end of the street. 4. JOHN F. KENNEDY ROAD— from the N.P.L. of Pennsyl- vania 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. '14 -Section 21 - T. 89 N. R. 2E. westerly to the Corporation Limits. 8. PENNSYLVANIA AVENUE — Street reconstruction near Westridge Drive. 9. RHOMBERG AVENUE — from the N.P.L. of Marshall Street to Wisconsin Bridge. 10. SHIRAS AVENUE — Replace- ment west of Rhomberg Inter- section. 11. WHITE STREET — from the N.Y.L. of 4th Street to the N.P.L. of 10th Street be and the same are hereby order- ed and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. 180 Regular Session, May 4, 1970 BE IT FURTHER RESOLVE that the cost and expense of th said improvements be paid for b levying special assessments again: the privately owned property lyin within the assessable distanc from the improvements, whethe such property abut upon the sam or are adjacent thereto, accordin to the area thereof and in propm tion to the special benefits confer red, and any deficiency will b, paid out of the Street funds of thi City. Payment will be made ti the contractor out of funds realiz ed from the sale of Street Improve ment Bonds to be issued in antici pation of deferred payments of as sessments as provided by law after the work has been completed ane accepted by the City Council. BE IT FURTHER RESOLVEL that the City Clerk be and he is hereby ordered and directed tc advertise for proposals for the construction of the various im. provements herein provided for in the manner provided by law, the said improvements shall be com• pleted on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution 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 4th day of May, 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 mov- ed adoption of the resolution. Sec- onded by Councilman Bitter. 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 on resolution of necessity and upon proposed plans, specifications, form of contract and cost of improvements for the construction of CITY OF DUBU- QUE 1970 BITUMINOUS CON- CRETE PAVING PROJECT NO. 1 on the following named streets: 1. EAGLE POINT PARK—Road. way 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 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 Subdi- vision to the W.P.L. of Key Knolls Subdivision. 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. LEA LANE—from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Key Corners. 0. RICHIE DRIVE—from the N. P.L. of Pennsylvania Avenue to the S.P.L. of Key Corners. fl. SHARON DRIVE—from the 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 Veterans Park. 11. VIZALEEA DRIVE—from the N.P.L. of Pennsylvania Aven- ue to the S.P.L. of Keymont Drive. Mayor Meyers moved that the proof of publication 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. Statement of City Clerk certify- ing that notices of public hearing )n resolution of necessity were nailed by certified mail on April 15, 1970 to property owners of rec- >rd subject to assessment to pay 'or cost of constructing CITY OF )UBUQUE 1970 BITUMINOUS ;ONCRETE PAVING PROJECT JO. 1, presented and read. Mayor Meyers moved that the statement ie received and filed. Seconded by :ouncilman Bitter. Carried by the ollowing vote: Yeas — Mayor Meyers, Coun- ilmen Bitter, Couchman, Molden- tauer, Pregler. Nays—None. Regular Session, May 4, 1970 181 Petition of Pat Schmitt et al (48 signers) objecting to the paving of Fenelon Place, presented and read. Mayor Meyers moved that the pe- tition be received and filed. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays_ --None. Mrs. Howes of 629 Fenelon Place was of the opinion that the street is not in bad condtion that would warrant replacement. Decision of Council upon objec. tions to plans, specifications, form of contract and cost of im. provements. RESOLUTION NO. 124.70 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1970 Bitu- minous Concrete Paving Project No. 1 have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 4th day of May, 1970: and WHEREAS, the City Council met in regular session this 4th day of May, 1970. at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de- scribed and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im. provement. Passed, adopted and approved this 4th day of May, 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 :)y the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION No. 93-70 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the Ity Clerk showing among other things the following: 1. The assessment limits. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be asses- sed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the CITY OF DUBUQUE 1970 BI. TUNMINOUS CONCRETE PA- VING PROJECT NO. L 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. 182 Regular Session, May 4, 1970 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 Subdivi- sion to the W.P.L. of Key Knolls Subdivision. 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. 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.L. of Key Corners, 9. Sharon Drive - from the 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 Veterans Park. 11. Vizelaea Drive - from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Keymont Drive. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, 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 con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, 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 therefor by the City Engineer which have been approved by tha City Council and are now on file with the City Clerk. That the cost and expense Of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to ex. ceed the amount provided by law, property will be assessed whether the same abuts thereon or is adja. cent thereto according to area and in proportion to the special bene. fits conferred thereby, and any de. ficiency shall be paid out of the Road Use Tax. Bonds shall be is. sued and sold in anticipation of de. ferred payments of assessments when a contract has been perform• ed 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 6th day of April. 1970. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro. posed, by the City Council this 4th day of May 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 fi. nal adoption of the resolution. Se. conded by Councilman Bitter. Car. ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Coucbman, Molden- hauer, Pregler. Nays — None. (Ordering Construction) RESOLUTION No. 125-70 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a re- solution of necessity No. 93-70 which was duly passed by this Council, for the City of Dubuque 1970 Bituminous Concrete Paving Project No. 1. 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 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 Subdivi- sion to the W.P.L. of Key Knolls Subdivision. Regular Session, May 4, 1970 183 g. Key Way - from the N.P.L. of Pennsylvania Avenue to the N.P.L. of Lot 0 Block "A" of Key Knolls Subdivision. 7. Lee 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.L. of Key Corners. 9. Sharon Drive - from the 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 Veterans Park. 11. Vizaleea Drive - from the N.P.L. of Pennsylvania Avenue to the S.P.L. of Keymont Drive. be and the same are hereby order- ed and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con. structed in accordance with the plans and specifications heretofore adopted and now on file in the of- fice of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred. and any deficiency will be paid out of Street funds of the city. Pay- ment will be made to the contract or out of funds realized from the sale of Street Improvement bonds to be issued in anticipation of de- ferred payments of assessments as provided by law aft^r the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and lie is hereby ordered and directed to ad- vertise for propsals for the con. struction of the various improve. ments herein provided for in the manner proveded by law, the said improvements shall be completed on or before 80 days after notice to proceed has been issued. BE IT FURTHER RESOLVEr- that this resolution being deemee urgent and of immediate necessit3 shall be in force and effect fron ind after its passage and adoption )y the City Council. Passed, adopted and approved phis 4th day of May, 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. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on resolution of neces- sity and upon proposed plans, spec- ifications, form of contract and cost of improvements for the con- struction of CITY OF DUBUQUE 1970 CONCRETE PAVING WITH INTEGRAL. CURB PROJECT NO. 1 on the following named streets: 1. Fifth Street from the east curb line of Locust Street to the west curb line of Central Avenue. 2. Fourth Street from the east curbline of Locust Street to the west curbline of Central Avenue. 3. Ninth Street from the E.P.L. of Main Street to the west curbline of Central Avenue, 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 Mevers 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. Decision of Council upon objet• tions to plans, specifications, form of contract and most of Im- provements. RESOLUTION o ea'pla 0 and WHEREAS, p p specifications and form of contract for the City of Dubuque 1970 Con- crete Paving With Integral Curb 184 Regular Session, May 4, 1970 -- --- Project No. 1 have been approved by the City Council of the City of ven aDubuque and public notice s proded by Chapter 23 of w the Code of Iowa, 1966, pertaining to public contracts and bonds, and the time and place fixed for the hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 4th day of May, 1970; and WHEREAS, the City Council met in regular session this 4th day of May, 1970, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de- scribed and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 4th day of May, 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 Pre -ler moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by th following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION NO. 96.70 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The width of such improve- ment and the size and kind of sew- ers. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. CITY OF DUBUQUE 1970 CON- CRETE PAVING WITH INTEG- RAL CURB PROJECT NO. 1 1. Fifth Street—from the East curbline of Locust Streets to the West Curbline of Central Avenue. 2. Fourth Street—from the East Curbline of Locust Street to the West Curbline of Central Avenue, 3. Ninth Street—from the E.P. L. of Main Street to the West Curb - line of Central Avenue. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, 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 they shall be deemed to have waived all objec- tions thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now on file with the Ciyt Clerk. That the cost and ex- pense of making said improvement will be paid out of the Road Use Tax fund. The above resolution was intro- duced, approved and ordered e placed on file with the City Clerk this 6th day of April, 1970. Regular Session, May 4, 1970 185 RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the: City Council this 4th day of May, 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 ap- proval of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. (Ordering Construction) RESOLUTION NO. 127-70 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 96-70 which was duly passed by this Council, for the City of Dubuque 1970 Concrete Paving with Integral Curb Project No. 1. FIFTH STREET—from the East Curb Line of Locust Street to the West Curb Line of Central Avenue. FOURTH STREET—from the East Curb Line of Locust Street to the West Curb Line of Central Avenue. NINTH STREET—from the E.P.L. of Main Street to the West Curb Line of Central Avenue. Be and the same are hereby or- dered and constructed by this Council upon its own moti,)n and with or without the petition of Property owners. All the work shall be constructed in accordance with the plans and specification herefore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVE); that the cost and expense of th( said improvements be paid for by levying special assessments against the privately owned property lyinj xithin the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the Street funds of the city. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con• struction of the various improve- m(.nts herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution 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 4th day of May, 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 Alayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 128&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. Woolworths Department Store, Kennedy Mall BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. 186 Regular Session, May 4, 1970 Passed, adopted and approved this 4th day of May, 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, Coun• cilmen Bitter, Couchman, Molden- haner, Pregler. Nays—None. RESOLUTION NO. 129.70 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 Herbert F. Bisping, 1401 Elm Street Jeanann MaJerus, 253 Main Street Bernard N. Newton, Riverfront Ball Park Bernard N. Newton, Petrakis Park (Transfer Effective June 15 to 19) Bernard N. Newton, Riverfront Bali Park (Transfer Effective June 20) Vincent A. Conrad, Kennedy Mall Stanley R. Nauman, 320 Main Street CLASS "C" BEER PERMIT Carl Van Duelman, 590 Clarke Drive Passed, adopted and approved this 4th day of May, 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 Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Bitter, Couchman. Molden• hauer, Pregler. Nays—None. RESOLUTION NO. 130.70 WHEREAS, applications for Beer 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 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 Herbert F. Bisping, 1401 Elm Street Jeanann MaJerus, 253 Main Street Bernard N. Newton, River Front Ball Park Bernard N. Newton, Petrakis Park (Transfer Effective June 15 to 19) Bernard N. Newton, Riverfront Ball Park (Transfer Effective June 20) Vincent A. Conrad, Kennedy Mall Stanley R. Nauman, 320 Main Street CLASS "C" BEER PERMIT Carl Van Duelman, 590 Clarke Drive 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 May, 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 Regular Session, May 4, 1970 187 by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 131-70 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 of the terms of the IOWA LIQUOR CONTROL ACT—CHAP- TER 123—as amended by the 60th General Assembly, 1963. Class "C" Commercial Establishment Jeanann MaJerus 253 Main Street Vincent A. Conrad Kennedy Mall Stanley R. Nauman 320 Main Street Passed, adopted and approved this 4th day of May, 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. 132.70 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 issued to the following named applicants a Liquor Permit. Class "C" Commercial Establishment Jeanann Majerus 253 Main Street Vincent A. Conrad Kennedy Mall Stanley R. Nauman 320 Main Street Passed, adopted and approved this 4th day of May, 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. 133.70 WHEREAS, on the 16th day of 1'ebruary, 1970, the City Council of the City of Dubuque, Iowa, passed, approved and adopted Re- solution No. 28-70 being resolution to establish a Low Rent Housing Agency for the City of Dubuque, Iowa, and establish a Board of Commissioners as well as the terms, duties, powers and authority of said commissioners, and WHEREAS, on the 20th day of April, 1970, the City Council of the City of Dubuque, Iowa appoint- ed a Board of Commissioners for said Low -Rent Housing Agency and said Commissioners being as fol- lows and for the following terms: Mrs. Thomas M. Fleming, 1 year. 200 South Hill Street Dubuque, Iowa Mr. Hal F. Reynolds, 1 year. 222 Fischer Building Dubuque, Iowa Mr. James W. Grant, 2 years. 431 Alpine Dubuque, Iowa Rev. Robert P. Odden, 2 years. 164 Nevada Dubuque, Iowa 188 Regular Session, May 4, 1970 William J. Witt, 2 years. 2628 Crissy Drive Dubuque, Iowa NOW THEREFORE BE IT RE- I CITY COUNCIL OF SOLVEDBY CITY E OF DUBUQUE, IOWA: Section 1. That the above named persons appointed to the Board of Commissioners of the Low -Rent Housing Agency for the City Dubuque, Iowa and which appoint- ments were made on April 20, 1970, each and all of said appoint- ments be and the same are hereby ratified and confirmed both as to those named as appointees and for the respective term of office of each appointee, all of which terms shall commence April 20, 1970. Passed, approved and adopted this 4th day of May, 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. March 27, 1970 Actual Value (100%) Land ..................................$ 351,333 Bldg . ..................................$1,769,843 Total ..... ..........................$2,121,176 Assessed Value (27%) ],and ..................................$ 114,860 Bldg . ..................................$ 477,858 Dubuque City Council To the Members of the City of Dubuque Conference Board: RE.: Protest of assessment of real estate on Roshek Dept. Store located at 7th & Lo- cust — legal description City Lots 141, 142, 143, 143A, 144 & 145. Total ..................................$ 572,718 The City Board of Review de- nied the petition and the decision was appealed to District Court. Be- fore going into Court, City Solici- tor Romolo Russo and I consulted with Mr. Thomas Valentine, a pro- fessional appraiser with the J. M. Cleminshaw Co. Appraisal Firm, as to what the fair market value would be at the present time. Us- ing the income capitalization ap- proach to value, we arrived at the following actual valuation. Actual Value (100%) Land..................................$ 351,333 Bldg. ......... ........................$1.015 229 Total ..................................$1,366,562 Assessed Value (27%) Land $ 94,860 Bldg. ..................................$ 274,112 Total ..................................$ 368.972 This would reflect a reduction in actual value of $754,614 and assessed value of $203,746. Based on the foregoing valua- tions, the City Solicitor made such offer of settlement. accordingly for the year 1969, to the plaintiff Frank J. Roshek. It is the recommendation of your City Assessor, upon advice by Mr. Valentine and Mr. Russo, that said settlement for the year 1969, be approved. Respectfully submitted, James J. Gregory City Assessor Dubuque, Iowa On May 19, 1969, a protest of assessment on the above described real estate was presented to the City Board of Review by Attorney William Fuerste on behalf of Frank J. Roshek, owner of the pro- perty. The property was assessed as follows: Copies to: Dubuque Community School Board and Dubuque County Board of Supervisors. Dated: March 30, 1970 The undersigned herewith con- curs with the foregoing. R. N. Russo City Attorney Regular Session. piny 4, 1970 189 Councilman Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. March 27, 1970 Dubuque City Council To the Members of the City of Dubuque Conference Board: RE.: Protest of assessment of real estate on Kennedy Mall Inc., owners of Youn- kers Dept. Store located in Kennedy Mall Shopping Center — legal description Lot I Of I Of 1 Of 1 Of 1 of Hawkeye Stock Farm. On May 19, 1969, a protest of assessment on the above described real estate was presented to the City Board of Review by Attorney Martin Cooney on behalf of Ken- nedy Mall Inc., owner of the Youn- kers building. The property was assessed as follows: Actual Value (100%) Land ..Leased Bldg . ....................................$781,833 Total ....................................$781,833 Assessed Value (27%) Land........................................Leased Bldg . .................................... $211,095 Total ....................................$211,095 The City Board of Review de- nied the petition and the decision was appealed to District Court. Be- fore going into Court, City Solici- tor Romolo Russo and I consulted with Mr. Thomas Valentine, a pro• fessional appraiser with the J. M. Clemenshaw Co. Appraisal Firm, as to what the fair market value would be at the present time. Us ing the income capitalization ap proach, we arrived at the follow ing actual valuation. Actual Value (100%) Land........................................I.easec Bid! . ....................................$399,37: Total ....................................$399,37; Assessed Value (27%) .and ........................................Leased 31dg. ....................................$107,831 rotal ....................................$107,831 This would reflect a reduction in actual value of $382,460 and assessed value of $103,264. Based on the foregoing valua- tions, the City Solicitor made such offer of settlement accordingly for the year 1969, to the plaintiff Ken- nedy Mall Inc. It is the recommendation of your City Assessor, upon advice by Mr. Valentine and Mr. Russo, that said settlement for the year 1969, be approved. Respectfully submitted, James J. Gregory City Assessor Dubuque, Iowa Copies to: Dubuque Community School Board and Dubuque County Board of Supervisors. Dated: March 30, 1970 The undersigned herewith con- curs with the foregoing. R. N. Russo City Attorney Councilman Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of D u b u q u e County Board of Supervisors, ad- dressed to the Mayor, requesting a meeting to discuss the appoint- ment of a third member of the County -City Authority, presented and read. Councilman Bitter moved that the communication 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. There being no further business Councilman Bitter moved to ad- journ. Seconded by Councilman 190 Regular Session, May 4, 1970 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 ..September 8, 1970 Adopted September 8, 1970 Special Session, May 11, 1970 191 CITY COUNCIL' OFFICIAL Special Session, May 11, 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 mectin is called for the purpose of author- ising the sale, issuance and deliv- ery of Proiect Notes in the aggregate principal amount of $3,- 235,000.00 and the execution of Requisition Agreement No. 2.1970 in connection with the Downtown Urban Renewal Proiect Iowa R-15, and acting upon such other busi- ness as may properly come befog:, a regular meeting of the City Council. Communication of Wm. Thul of 2660 Queen Street objecting to baseballs being batted into his yard from the Burden Avenue play- ground resulting in property da- mage and danger to children, pre- sented and r e a d. Councilman Couchman moved that the com- munication be referred to the: Manager for investigation and re- port and also the City Solicitor. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. May 6, 1970 To the Honorable Mayor and Members of the City Council In accordance with the provis- ions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted examina- tions on April 29, 1970 for position of Housing Inspector. The following named applicants have passed the written examina- tions and their names are hereby certified. Beewar, David T. 84% Zimmerman, Paul I-1. 75% Nelson, Delbert R. 73% Gruber, Paul W. 71% Stonkas, Robert A. 70% Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan LeRoy H. Giles Civil Service Commission Attest: Leo F. Frommelt Clerk Civil Service Commission State of Iowa, County of Dubuque SS: Subscribed and sworn to before me this 6th day of May, 1970. Eugene J. Berens Notary Public Councilman Pregler moved that the communication be received and filed and made a matter of record. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. May 4, 1970 To the Honorable Mayor and City Council A request has been received from Mrs. Ralph E. Kelly, 1510 University, for a street light at Stewart Street Extension. The location has been investiga- ted and it is reported to be unus. ual. Normally it would be consider- ed an alley not subject to street lighting; however, four residences face on this way. It is recommended that a 175 watt mercury vapor light with a short bracket be installed on a pole located at the northerly end of Stewart Street Extension. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved that the recommendation be approved. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. May 7, 1970 To the Honorable Mayor and City Council This is to advise that ohave aveand proved the following P 192 Special Session, May 11, 1970 bonds, and desire to have your ap- amount, for personal injuries re. in a fall at University & proval on same. Comprehensive Liability ceived Pennsylvania Ave. on February 4, William Becker & Sons Stone Co. 1970, presented and read. Council - man Bitter moved that the notice Mutual Iowa National M of claim be referred to the City Insurance Solicitor for investigation and re - Sidewalk a port. Seconded by Councilman James Becker Pregler. Carried by the following Western Surety Company vote: Horizon West Subdivision— Yeas — Mayor Meyers, Council. John T. Link Merchants Mutual Bonding Co. men Bitter, Couchman, Molden. Respectfully, hauer, Pregler. Gilbert D. Chavenelle Nays — None. City Manager Notice of claim of Marie M. Paar Councilman Pregler moved for of 2508 Windsor Ave., in the amount of $75.00 for personal in. filing approval subject to approval juries received in a fall as the re - of the City Solicitor. Seconded by suit of a protruding water shut off Councilman Bitter. Carried by the at 2914 Pinard Street on April 20, following vote: Mayor Meyers, Council- 1970, presented and read. Council- Yeas — man Bitter moved that the notice men Bitter, Couchman, Molden- of claim be referred to the City hauer, Pregler. Solicitor for investigation and re - Nays—None. port. Seconded by Councilman Communication of City Solicitor Pregler. Carried by the following recommending that the vacated vote: portion of Prospect Street abutting yeas — Mayor Meyers, Council - Lots 38, 39, 40 and 41 be vacated men Bitter, Couchman, Molden- and sold to the petitioned William hauer, Pregler. Woodward, presented and read. Nays — None. Mayor Meyers moved that the Notice Suit of Mrs. Ray (Sa- rules be suspended in order to let Lome) H n of the amountonal anyone present address the Coun- if they so desire. Seconded by for personal injuries re- $15,000 for p cil Councilman Couchman. Carried by ceived in a fall on an ice covered sidewalk adjacent to Bryant School the following vote: Yeas — Mayor Meyers, Council >n January 19, 1969, presented and men Bitter, Couchman, Molden- read. Councilman Bitter moved that the notice be referred to the hauer, Pregler. City Solicitor for investigation and Nays — None. report. Seconded by Councilman Attorney Francis J. O'Connor, Pregler. Carried by the following representing William Klauer, who vote: is interested also in acquiring a Yeas —Mayor Meyers, Council - portion of vacated Prospect Street, men Bitter, Couchman, Molden. stated that a date of hearing to hauer.l'regler. dispose of the property should Nave None. only be set after judgment has been made that the property be ORDINANCE NO. 21.70 disposed of. An Ordinance Amending and 3-34 Councilman Pregler moved that Changing Ordinance No. "Zoning Map and the communication be referred for known as the of the City of proper proceedings and the date of public hearing be set for June Zoning Ordinance Dubuque, Iowa" so as to change 29, 1970 at 7:30 o'clock P.M. in the Lot 2 of 2 of 1 of 2 of 1 of 2 67 in the City Council Chamber at the City Hall. of 1 of 1 of M. L. Two Seconded by Mayor Meyers. Car- of Dubuque, Iowa, from District Classi- ried by the following vote: Family Residence Multiple Residence Yeas — Mayor Meyers, Council- fication to men Bitter, Couchman, Molden- District Classification. hauer, Pregler. Presented and react. Nays — None. Councilman Couchman moved Notice of Claim of Anna Mae that the reading just had be con- the Breckler, in an undetermined sidered the first reading of Special Session, May 11, 1970 193 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 Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmenBitter, Couchman, Molden- hauer, Pregler. Nays—None. Councilman Couchman moved that a public hearing be held on the Ordinance on June 1, 1970 at 7:30 P.M. Daylight Saving Time in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Seconded by Councilman Bit. ter. 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 2024 N. Main Street, presented and read. Mayor Meyers moved that the petition be granted. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Norbert G. Pape et ux requesting rezoning of their property located at 3370 Asbury from Multinle Family to Business "B" classification, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commis- sion for investigation and report. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Clark Oil & Refining Corporation requestin; rental of a piece of city owned real estate along Dodge Street at a suggested price of $25.00 per year to be used as a parking area for their per- sonnel working at their Dodge Street station, presented and read. Councilman Pregler moved that the petition be referred to the Manager and staff for investiga- tion and report. Seconded by Ma- yor Meyers. Carried by the follow. ing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Charles E. Leppert et al (85 signers) praying for relief of an unsightly and unsanitary con- dition existing on the property lo- cated at 1725 Wood Street, pre- , en ted and read. Councilman Mol- denhauer moved that the petition be referred to the Building Com- missioner to notify the parties in- volved that action by this body will be deferred for thirty days as the result of information submit- ted by Mr. Bandy. Seconded by Councilman Couchman. 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 sale of project Notes in the amount of $3,235,000 to aid in financing Do«•ntown Urban Renewal Project 1( wa R-15, 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 Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION N0. 13470 Resolution Authorising the Sale, Isuanee and Delivery of Project Notes in the Aggreqate Princi- pal Amount of $3,235,000.00 and the Execution of Requisition Agre,ment No. 2.1970 in Con- nection With the Downtown Ur- ban Renewal Project, Project No. Iowa R-15 WHEREAS, City of Dubuque (herein called the "Local Issuing 194 Special Session, May 11, 1970 Agency") has entered into one or more contracts (which, together with any supplements thereto or amendments or waivers of any provisions thereof, are herein call- ed the "Contract") with the United States of America (herein called the "Government) providing for a loan by the Government to the Local Issuing Agency for financing the urban renewal, low -rent hous- ing or redevelopment project(s) described in the Contract and herein called the "Project"; and WHEREAS, pursuant to adver- tisement for the receipt of propos- als for the purchase of the Second Series 1970 of Project Notes (here. in sometimes called "New Project Notes") of the Local Issuing Ag- ency aggregating $3,235,000, which appeared in a Notice of Sale pub- lished on April 21 and 28, 1970, 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 receiv- ed, opened, and canvassed at the time and place mentioned in said advertisement, to wit: at Council Chambers, 13th & Iowa, City Hall in the City of Dubuque, Iowa at One o'clock P.M. E.D.S.T., on May 5, 1970, which proposals are as follows: Name of Bidder: Bank of America, N. T. & S. A., First National City Bank, Continental Illinois Na- tional Bank and Trust Company of Chicago, First Boston Corpora- tion and Mellon National Bank and Trust Company Interest Rate: 5.15% Principal Amount: $3,235,000 Premium: $79.00 Name of Bidder: Morgan Guaranty Trust Company of New York and Salomon Brothers and Hutz- ler, 23 Wall Street, New York, New York 10015 Interest Rate: 5.23% Principal Amount: $3,235,000 Premium: $27.00 NOW, THEREFORE, BE IT RE- SOLVED by the CITY COUNCIL OF THE CITY OF DUBUQUE as follows: Section 1. The aforesaid publica- tion of the Notice of Sale and the form and contents thereof as so pupblished 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 outstanding Notes issued in connection there. with, the Local Issuing Agency hereby determines to borrow the sum of Three Million Two Hun. dred Thirty Five Thousand Dollars ($3,235,000.00) and issue its nego. tiable Project Notes therefor. Section 3. The Meal Issuing Ag- ency hereby ratifies and approves the form of each proposal herein- -ifter in this Section 3 enumerated for the purchase of the designated principal amount of Notes and de- termines that each such proposal offers to purchase such Notes at the lowest interest rates and is therefore accepted, and said Notes are hereby awarded to the purch- ::ser, as follows: Principal Amount: $3,235,000.00 Interest Rate: 5.15% Purchaser: Bank of America, N. T. & S. A., First National City Bank, Continental Illinois Na- tional Bank and Trust Company of Chicago, First Boston Corp- oration and Mellon National Bank and Trust Company Section 4. Each Note shall be dated June 2, 1970, shall be pay- able as to both principal and inter- est to bearer, on October 16, 1970, and, pursuant to each proposal for the purchase of said Notes herein- above accepted, shall bear the rate of interest per annum, payable at maturity; shall bear the numbers and be in the denominations; and shall be payable as to both prin- cipal and interest at the incorpor- at-d bank having trust powers or incorporated trust company, as follows: Purchaser: Bank of America, N.T. and S.A., First National City Bank, Continental Illinois Na- tional Bank and Trust Company of Chicago, First Boston Corp- oration, and Mellon National Bank and Trust Company. interest Numbers att Denominations 5 R5% 1-17 $100,000 18-31 50,000 32-55 25,000 56.71 10,000 72.86 5,000 Special Session, May 11, 1970 195 Payable At: First National City Bank, 111 Wall Street, New York, New York 10015 None of such Notes shall be valid until after the bank or trust company at which it is payable shall have signed the agreement, appearing 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 Local Issuing Agency 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 executed. Section S. 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. 2- 1970" (herein called the "Requis. ition Agreement"), inn substantial- ly the form of HUD -9003, which is incorporated herein by reference, to be entered into between the Local Issuing Agency and the Government. Section b. The Requisition Agreement shall be executed in the name of the Local Issuing Ag- ency by the manual or facsimile signature of the Mayor of the Local Issuing Agency and shall have the corporate seal of the Local Issuing Agency impressed, imprinted or reproduced thereon and attested by the City Clerk, and said officers are hereby authorized and directed to cause the Requisi- tion Agreement to be properly exe- cuted. Section 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 received from the Government pursuant to the Requisition Agree• ment relating to such series of Project Notes and said Agreement, when executed by the Govern- ment, when executed by the Gov- ernment, is hereby declared to be and is hereby assigned by the Goal Issuing Agency for the bene- fit or the holder or holders from time to time of the New Project Notes. All contributions, funds and amounts authorized or requir- ed by the Contract to be applied to the payment of Project Loan Notes (referred to in the Contract as "Project Temporary Loan Obli- gations', "Advance Notes" or "Per- manent Notes') as issued in con- nection with the Project are here- by irrevocably pledged to secure the payment of the principal 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 lat. er than the maturity date of the New Project Notes, sufficient and for the purpose of paying the prin- cipal and interest to maturity on such Notes, are deposited with the paying agent or agents for such Notes. Section S. The proceeds derived from the sale of the New Project Notes, together with such amount of other funds of the Local Issu- ing Agency as may be necessary, shall be applied, simultaneously with the receipt of said proceeds, in accordance with the provisions of the: Requisition Agreement. Section 9. 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 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 de. livery transaction in accordance with the terms of the letter to the paying agent. Passed, approved, and adopted this lith day of May, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter City Councilmen Attest: Lea F. Frommelt City Clerk 196 Special Session, May 11, 1970 — Councilman Couchman moved adoption of the resolution. Second. ed by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler- Nays—None. RESOLUTION No. 135.70 APPROVING AND AMENDING FOR THE EXECUTION OF FIRST AMENDATORY CONTRACT AMENDING CONTRACT NO. IOWA R-15 (LG) BY AND BE- TWEEN THE CITY OF DUBUQUE, IOWA AND THE UNITED STATES OF AMERICA WHEREAS, under date of July 26, 1967, the City of Dubuque (hereincalled the "Local Public Agency") and the United States of America (herein called the "Gov- ernment") entered into a Loan and Capital Grant Contract No. Iowa R45 (LG) for the undertaking of the Downtown Urban Renewal Pro- ject, Iowa R-15, and WHEREAS, it is necessary to re- move from said Contract an out- moded provision establishing a ceiling of six percent pe annum on the interest rate which may be fix- ed by the Government for a direct. Federal loan; now therefore, BE IT RESOLVED BY THE, COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. The pending proposed First Amendatory Contract (herein called the "Amendatory Contract") amending that certain Contract No. Iowa R-15 (LG), dated the 26th day of July 1967, by and between the City of Dubuque, Iowa, and the United States of America is here. by in all respects approved. Section 2. The Mayor is hereby authorized and directed to execute said Amendatory Contract in two counterparts on behalf of the Lo- cal Public Agency, and the City Clerk is hereby authorized and di- rected to impress and attest the of- ficial seal of the Local Public Agency on each such counterpart, and to forward such counterparts to the Department of Housing and Urban Development, for execution on behalf of the Government, to- gether with such other documents relative to the approval and execu- tion of such counterparts as may be required by the Government. Passed, approved and adopted this 11th day of May, 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, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 136-70 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having compiled with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Ciga- rettes and Cigarette Papers within said City. Stuart Matts, 914 Dodge Street. BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 11th day of May, 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. cil man Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 137-70 WHEREAS, Waller Reuther was tragically killed in an airplane crash on Saturday, May 9, and WHEREAS, Walter Reuther was the leader of 1.6 million United Auto Workers, and Special Session, May 11, 1970 WHEREAS, Walter Reuther was the respected union leader of many of our Dubuque citizens, NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a state of mourn- ing is hereby declared for the late Waiter Reuther from Monday, May 11 through Friday, May 15. Section 2. That the City Council requests the citizens of Dubuque to join in acknowledging the memory of the giant of the American labor movement. Passed, approved and adopted this 11th day of May, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen 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. Attest: Leo F. Frommelt City Clerk 197 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 P.P. t pn ?r... 8....1970. Adopted S©.I..temb,er .,,,,1970. ............................. .................... City Clerk 198 Special Session, May 18, 1970 CITY COUNCIL OFFICIAL Mayor Meyers moved that the re. ports be received and filed. See. onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun- Special Session, May 18, 1970. hiauern Pregler. Couchman, Molden- Council met at 7:30 P.M. Central Nays—None. Daylight Time. May 15, 1970 Present -Mayor Meyers, Council- men Bitter, Couchman, Molden- othe H noxa e Mayor haver, Pregler. and Gentlemen: City Manager Gilbert D. Cheve- I am enclosing for your infor- nelle. mation a letter from Chief Lucas Mayor Meyers read the call and dated May 11th recommending the stated that service thereof had opening of the Locust and Iowa been duly made and this meeting Street Parking Ramps on the addi- is called for the purpose of CON- tional nights of Tuesday, Wednes- DUCTING PUBLIC HEARINGS ON day and Thursday, and change the THE REZONING OF PROPERTY parking fee rate. IN SUNRISE HEIGHTS AND I recommend that when the WEST SIDE MANOR SUBDIVI- street parking meters are removed SION and acting upon such other from the Main Street area about business as may properly come be- ,lune 1st that the closing hours be fore a regular meeting of the Coun- extended to 9:30 P.M. on Tuesday, cil. Wednesday and Thursday eve- nings. We will so operate for a To the Honorable Mayor test period of two to three months and City Council and report to you whether or not This is to advise that I have ap- the parking use justifies the extra proved the following policy and hours of service. bond, and desire to have your ap. Further, I recommend that the proval on same. parking rate at the Locust and COMPREHENSIVE LIABILITY Iowa Street Ramps be adjusted on F. N. Smith Construction, Inc., Bi- June 1, 1970 so that the rate will tuminous Casualty Corporation be ten (10) cents per hour or any SIDEWALK part thereof up to nine (9) hours Kenneth Schromen, The Ohio Cas- plus State Sales Tax. The fee for ualty Insurance Co. nine (9) to twenty-four (24) hours Bonding Co. will remain as at present—ninety Lloyd P. Luber, Merchants Mutual (90) cents plus three (30) cents Respectfully, sales tax. Gilbert D. Chavenelle It is anticipated that the chang- City Manager ed rate will produce about $6,000. - Councilman Pregler moved for 00 per year. filing approval subject to approval Respectfully, of the City Attorney. Seconded by Gilbert D. Chavenelle Councilman Bitter. Carried by the City Manager following vote: Councilman Couchman moved Yeas — Mayor Meyers, Coun- approval of the recommendation. cilmen Bitter, Couchman, Molden- Seconded by Mayor Meyers. Car- hauer, Pregler. ried by the following vote: Nays—None. Yeas — Mayor Meyers, Council May 15, 1970 men Bitter, Couchman, Molden- To the Honorable Mayor hauer, Pregler. and City Council Nays—None. I herewith submit the monthly May 18, 1970 reports of the City Auditor, City To the Honorable Mayor Treasurer, Water Department, and and City Council a list of claims for the month of We have been informed that April 1970. Colonel Walter C. Gelini, U.S. Respectfully, Army Corps of Engineers, died of Gilbert D. Chavenelle a heart attack on Sunday, May City Manager 17th. Special Session, May 18, 1970 199 The Colonel will be buried at Arlington National Cemetery ha eeen on Wednesday. sent in the name of the City Coun- cil and City Staff. 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. May 13, 1970 To the Honorable Mayor and City Council The City Engineering staff has reviewed the plans of proposed new sanitary sewer to serve pro- petry of Harold and Robert Molo on John F. Kennedy Road, Dubu- que, Iowa and to service the John A. Link property on John F. Ken- nedy Road. The design of the sew- er and the plan are in accordance with the City of Dubuque's Stan- dard Specifications for sewer con- struction and the Engineering staff approves said plans. The City Engineering staff, therefore, asks you to give Harold Molo percission to construct this sewer and after completion of the construction of this sewer that this sewer be accepted into the City of Dubuque Sanitary System. The sew- er will be constructed under our supervision and done according to the standard specifications of the City of Dubuque. There will also be posted a performance bond and four year maintenance bond on this sewer. Very truly yours, John L. White, P.E City Engineer Councilman Pregler moved ap proval of the recommendation. Se- conded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden hauer, Pregler. Nays — None. Notice of Renewal of Govern- ment Lease from July 1, 1970 to June 30, 1971 for use of 0.85 acre site at the Naval Training center at Eagle Point, presented and read, Councilman Pregler moved that the notice 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 United Fund advising of a date of meeting to discuss the possible centralization of community helth programs, pre- sented 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. Notice of Claim of Mrs. Chris Leslein of 745 Groveland Place, in an undetermined amount, for personal Injuries received in a fall on a defective walk at 1449 Lo- cust Street on May 11, 1970, pre- sented and read. Councilman Bitter moved that the notice of claim be referred to the City Solicitor for proper action and investigation and report. Seconded by Mayor Meyers. 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 rezoning of Lot "A" of Block 10 and Lot 16 of Block 11 all in the plat of Block 10 and 11 in Sunrise Heiehts Sub- division from Single Family Resi- dence to Multiple Family Residence District Classification, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the puhlic hearing. ORDINANCE NO. 21.70 An Ordinance Amending and Chanoinq Ordinance No. 3.34 known as the "Zoning Map and Zonina Ordinance of the City of Dubuque, Iowa" so as to chane Lot A of Block 10 and Lnt 16 of Block 11 all in plat of Block 10 and 11 in Sunrise Heinhts from "single Family Residence District" Classification Special Session, May 18, 1970 200 to "Multiple Family Residence District" Clarification, said Or- dinance having been previously presented and read at the Coun- cil meeting of April 20, 1970. Presen;ed for Final Adoption. ORDINANCE NO. 21.70 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3.34 KNOWN AS THE 1170NING MAP AND ZONING ORDINANCE OF THS CITY OF DUBUQUE, IOWA" SO AS TO CHANGE CERTAIN PROPERTY SING EA FAMILY FTER ERESIDENCE CRIBEDRDISI- TRICT" CLA'SIFICATION TO "MUL- TIPLE FAMILY TRICT" CLASSIFICATION. DIS- NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3.34 nhw Ord lance of nas etheCityt ofDuand Dubuque Iowa be and the same is hereby amended by changing from (Sincassgle I amily Resi- tencto "Mul- lplepFamllycResidenlcecation Dlstrict classi- fication the following described real estate, to -wit: Lot A of Block 10 and Lot 10 of Block 11 all In theplat of Bloch 10 and 11.. In Sunrise Heights Subdivision, all in the city of Dubuque, Iowa. Section 2. That the foregoing amend- ment has heretofre been approved by the Planning and Zoning Commission of the City of Dubuque. Iowa. Passed, approved and adopted th?s 18th day of May, 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 21st day of May 1970. Leo F. Frommelt City Clerk. It. 5/21 Mayor Meyers moved final adop- tion of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. haver, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider rezon- ing of the Sly 150' of Lot 2 of the Sub. of Lot 25 in Block 4 in Westside Manor Subdivision from Single Family to Local Business "B" classification, 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 Meqers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Petition of Mrs. Francis Bechen et al (88 singers) objecting to the rezoning of Lots 24 and 25 of Block 4 in Westside Manor as to effecting of property values, un- desirable, further rezoning re- quests possible, traffic, odor, pollu. tion, and contrary to covenant a the times their properties were purchased, presented and read. Councilman Pregler moved that the petition 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. 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 Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Attorney C. J. May Attorney ad- dressed the Council relative to rezoning of 150' rather than 300' as originally proposed by Mr. Chew in West Side Manor Sub. by stating that it is proposed to build a gas station immediately south of Shike Richardson building. The property at the present time is an wc sore and would like to have it look good and presentable. The property looks bad now due to ex- cavation of dirt given to the City at the time of the flood as this area was the most accessible from a hard surfaced road. Attorney Hal Reynolds, repre- senting the property owners in the area, stated that it is just another encroachment on Single Family use in the area. Shike Richardson was to be the end and now we have this. The owner of the property changed the contour of the land. The land did not look this way in the beginning. He is now asking for Business "B" classification and there is no way to zone with con. ditions attached. When you zone you zone period. If it was wrong to rezone 300' it certainly is also wrong to rezone 150'. Mayor Meyers moved that the rules be reimposed. Seconded by Special Session, May 18, 1970 201 Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. After considerable discussion among the Council members Coun. cilman Couchman moved that the rules be suspended to clear up some points of information. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler, Nays—None. Attorney May was of the opinion that conditions may be placed in effect prior to the issuance of building permits. Mr. Al Heitzman of 1815 Westridge Drive, stated that there was to be a row of ever- green trees to be set up as a buffer zone between the commer- cial area and the single dwellin area. This was sometime ago and it still has not been done. He posed the question when this re- zoning would stop. Councilman Couchman moved that the rules be reimposed. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Councilman Bitter moved that the petition for rezoning be de- nied. Seconded by Councilman Moldenhauer. The vote on the mo- tion was as follows: Yeas—Councilman Bitter, Preg- ler. Nays — Mayor Meyers, Council- men Couchman, Moldenhauer. MOTION LOST. Councilman Pregler moved that the public hearing on the rezoning be adjourned to the regular Coun- cil meeting of June 1, 1970. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 138.70 WHEREAS, William Woodward has petitioned for vacation of "va- cated Prospect Street" as abuts Lots 38, 39, 40 and 41 "Coriell's Dubuque" in the City of Dubuque, Iowa, which "vacated Prospect Street" is shown in Book of Plats #7, page 37, filed for record De- cember 22, 1913, copy of which is hereto attached, and WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa has recommended vacation thereof as it serves no public purpose; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the street com- monly known and described as "va- cated Prospect Street" as same abuts Lots 38, 39, 40 and 41 of "Coriell's Dubuque" in the City of Dubuque, Iowa be and the same hereby vacated. Section 2. That the City Clerk is hereby authorized and directed to file a certified copy of this Reso- lution in the office of the Dubuque County Recorder in and for Du- buque County, Iowa. Passed, approved and adopted this 18th day of May, 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. 139-70 WHEREAS, William Woodward has petitioned the City Council of the City of Dubuque for disposal to him of "vacated Prospect Street" as same abutts Lots 38, 39, 40 and 41 "Coriell'sDubuque" in the City of Dubuque, Iowa, and WHEREAS, it appears from re- corded entries relating to said real estate that said Prospect Street shown as ,as herein referred s vacated" inplat filed December 22, 1913, and 202 Special Session, May 18, 1970 WHEREAS, City of Dubuque, Iowa proposes to dispose of said "vacated Prospect Street" to Wil- liam Woodward, and WHEREAS, it appears that the said William Woodward and his predecessors in title have paid taxes on said "vacated Prospect Street", NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposal to dispose of "vacated Prospect Street to William Woodward for the consideration of One Dollar ($x1.00) be and the same should be set for hearing thereupon. Soolon 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. Passed, approved and adopted this lath day of May, 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. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. May 14, 1970 Honorable Mayor and Council Members Attached is a letter from Mr. Hal Reynolds withdrawing the ap- plication for rezoning of property described as "Old Timer's Athletic and Supper Club Place." Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson, City Planner 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. Petition of Dubuque Peace Of. fice requesting permission to set up tables on Main Street on May 191 20, and 21 for the purpose of securing signatures supporting Amendment of Military Procure. ment Act to stop appropriations for action in Cambodia, Laos and Vietnam, presented and read. Councilman Couchman moved that the petition be granted. Seconded by Councilman Pregler. Vote on the motion was as follows: Yeas — Councilmen Couchman, Pregler. Nays — Mayor Meyers, Council. men Bitter, Moldenhauer. MOTION LOST. Petition of Mrs. Louise M. Brown requesting rezoning of Lot 1 of 3 of John P. Mettels Sub. No. 2 from its present classification to Local Business "B" classification, presented and read. Councilman Bitter moved that the petition be referred to the Planning & Zoning Commission for investigation and report. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. May 8, 1970 To the Honorable Mayor and City Council The construction of the Veterans Memorial Park Restroom Facility has been completed in accordance with the plans and specifications by Mark Strub, General Contrac- tor, of Dubuque, Iowa. Attached hereto are the recom- mendations of acceptance of the Architect, Cullen•Schiitz and As- sociates and the Playground and Recreation Commission. I concur and recommend the improvement be accepted. Respectfully submitted, GIlbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Se- conded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. Special Session, May 18, 1970 203 FINAL ESTIMATE RESOLUTION No. 140.70 WIiEREAS, the contract for the improvement of the VETERANS MEMORIAL PARK RESTROOM FACILITY AND APPURTENAN- CES has been completed and the City Engineer has submitted his final estimate showing the cost thereof oncluding the cost of es- timates, 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 $20,988.00. That 0 of the cost thereof shall be asessable upon private property and $20.988.00 shall he paid from the Rafferty Park Property Fund of the City of Dubuque. Passed, adopted and approved this 18th day of May, 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 eyers moved adoption of the resolution. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. (A Resolution Accepting Improve- ment.) RESOLUTION NO. 141.70 WHEREAS, the contract for the improvement of the VETERANS MEMORIAL PARK RESTROOM FACILITY AND APPURTENANCES 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 Rafferty Park Fund, in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 18th day of May, 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. I -suer, Pregler. Nays — None. May 6, 1970 To the Honorable Mayor -:nd City Council The installation of the Tree Planting and Landscaping on Iowa Street from the south property line of Fourth Street to the north property line of Tenth Street has Leen completed in accordance with t:e plans and specifications by the Nauman Nursery of Dubuque, Iowa. I recommend the improvement be accepted. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Meyers movedapproval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- )►auer, Pregler. Nays—None. FINALESTIMATE RESOLUTION No. 142.70 WHEREAS, the contract for the TREE PLANTING AND LAND- SCAPING on IOWA STREET from Ithe South Property Line of Fourth Street to the North Property Line 204 Special Session, May 18, 1970 of Tenth Street has been completed and the City Engineer has submit- ted 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 $42,489.00. That $0 of the cost thereof shall be assessable upon private proper- ty and $42.489.00 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 18th day of May, 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. (A Resolution Accepting Improve. ment) RESOLUTION No. 143.70 WHEREAS, the contract for the TREE PLANTING AND LAND. SCAPING ON IOWA STREET from the South Property Line of Fourth Street to the North Property Line of Tenth Street has been completed 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 City Manager be anproved 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 Road Use Tax Funds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 18th day of May, 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 rsolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays —None. May 4, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed the final plat of Lots 3 through 6 in Block 2 and Lots 3 through 6 in Block 3 of Horizon West 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. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 144-70 Resolution Approving Lots 3 through 6, Block 2, and Lot 3 through 6 Block 3 of Horizon West Subdivision in the City of Dubuque, Iowa. Whereas, there has been filed with the City Clerk, a plat in Special Session, May 18,1970 205 which: Lot "A" of Horizon West Subdivision in the City of Dubuque, Iowa, is platted as Lots 3 through 6 Block 2 and Lots 3 through 6 Block 3 of Horizon West Subdivision in the City of Dubuque, Iowa by John W. Link, Joann C. Wald- billig, and Marilyn M. Link, as Owners thereof, and Whereas said plat has been ex- amined by the City Planning and Zoning Commission and approved by said body, and Whereas upon said plat appears street known as Horizon Court and also public utility easements which the Owner upon said plat has ded- icated to the public forever, and Whereas, said plat has been found by the City Council to con- form to the Statutes and Ordi- nances relating thereto except that the street has not been reduced to grade or paving, sewer or water services 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 Horizon Court and easements for public utilities, all the same as appears upon said plat be, and the same are hereby accepted and that said streets are hereby estab- lished as public street in the City of Dubuque, Iowa. Section 2. That the plat of the Subdivision of Lot "A" in Horizon West Subdivision in the City of Dubuque, Iowa, is to be hereafter known as Lots 3 through 6 Block 2, and Lots 3 through 6 Block 3 of Horizon West Subdivision in the City of Dubuque, Iowa, is hereby approved and the Mayor and Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat, provid- ing the Owners of said property hereinbefore named, execute writ- ten acceptance hereto attached say- ing: a. To reduce that portion of Horizon Court in said plat to grade as shown on the profiles submitted with this plat. b. To surface that portion of Horizon Court shown on this plat for a width of 31 feet with Port- land Cement Concrete Paving and integral curb. Al! of the foregoing shall be constructed according to the latest City of Dubuque Specifi- cations. c. To install sidewalks on both sides of Horizon Court in accord- ance with the City of Dubuque Standard Specification for Perma- nent Sidewalks. d. To install water mains in ac- cordance with plans submitted with this plat. e. To install sanitary sewers in accordance with plans as submit- ted with this plat. f. To install sanitary sewer and water house laterals for each lot to the property line. g. To construct the foregoing im- provement in accordance with plans and specifications approved by the City Manager and under the inspection of the City Engi- neer. h. To maintain the street im- provements for a period of four (4) years from date of acceptance and to maintain the water mains and sanitary sewers for a period of four (4) years from the date of its acceptance. i. To provide the foregoing con- struction and maintenance at the expense of the owner. j. To construct said improve- ments except sidewalks prior to November 30, 1970. k. To construct sidewalks prior to November 30, 1971, and further provided that John W. Link, Joann C. Waldbillig, and Marilyn M. Link, as Owners thereof, of said Subdi- vision secure the performance o the foregoing conditions by p ing security in such sums and with such sureties as may be acceptable to the City Manager: Section 3. That in the event that said John W. Link, Joann C. Wald. billig, and Marilyn M. Link shall fail to execute the acceptance and provide security provided in Sec- tion 2 hereof within forty-five (45) days from 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 approved by 206 Special Session, May 18, 1970 recorded roll call vote this 18th day of May, A.D., 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 tre secur- ity required by the foregoing Reso- lution 14470 has been provided by the Owner. Dubuque, Iowa June 10, 1970 Gilbert D. Chavenelle, City Manager ACCEPTANCE OF RESOLUTION NO. 144.70 John W. Link, Joann C. Waldbil- lig, and Marilyn M. Link, Navin read the terms and conditions of the foregoing Resolution 144-70, and being familiar with the con- tents thereof hereby accept th.o same and agree to perform the conditions therein required. John W. Link JoAnn C. Waldbillig Marilyn M. Link Dated: May 21, 1970 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. 145.70. 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 is- sued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Paul W. Schollmeyer, 176 Locust Street Denise O'Neill, 55 Locust Street Louis J. Winkler, 698 Central Ave. nue Harry N. Gantert, 1301 Rhomberg Avenue Passed, adopted and approved this 18th day of May, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Attest: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved adop. lion 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. 146-70. 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 di- rected to issue to the following named applicants a Beer permit. CLASS "B" BEER PERMIT Paul W. Schollmeyer, 176 Locust Street Denise O'Neill, 55 Locust Street Louis J. Winkler, 698 Central Ave- nue Harry N. Gantert, 1301 Rhomberg Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 18th day of May, 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, May 18, 1970 207 Councilman Pregler moved adop. I 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. 147-70 WHEREAS, applications for Li- quor 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 Louis J. Winkler, 698 Central Ave- nue, DBQ, Inc., 290 West 4th Street. Passed, adopted and approved this 18th day of May. 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 rsolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 148.70 WHEREAS, application for Li- quor 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 fou►id 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. Louis J. Winkler, 698 Central Ave- nue, DBQ, Inc., 290 West 4tb Street. Passed, adopted and approved this 18th day of May, 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 Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of Invitation to Bid and of taking bids for the construction of the Main Street Pe- destrianway, Downtown Urban Re- newal Project Iowa R-18, Section 1, General Contract, presented and read. Councilman Pregler moved that the proof of publication be re. ceived and filed. Secnnded by Ma- vor Mevers. Carried by the follow- ing vote: Yeas — Mavor Meyers, Council- men Bitter, Couchman, Molden- hluer, Pregler. Nays — None. Communication of Conlon Con. ,ztruction Co. requesting that no contract for the general construc- tion of the Main Street Pedestrian - way be awarded which is not in ac- enrdanee with plans and specifica- lions according to the previous ad- vertisement, presented and read. Mavor Mevers moved that the com- munication 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. Attorney Robert Bertsch, as a representative of Conlon Construc- tion Co., addressed the Council by 208 Special Session. May 18, 1970 stating that the bids received are grossly in excess of the estimate. It would mean a reduction in the Goerdt Construction Co. bid of $54,000 to comply with engineer's estimate. It seems that a • new con- tract is being negotiated with one bidder only and he asked that Con- lon Construction Co. be granted the same privilege. He also re- quested the Council not to approve the contract to allow Conlon Con- struction Co. to negotiate. Proof of Publication, certified to by the Publisher, of notice of Invitiation and taking of bids for the construction of the Main Street Pedestrianway Downtown Urban Renewal Project Iowa R-15 Section 11 Electrical Contract. Councilman Preeler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Preeler. Nays — None. Due to an error in the proof of publication to amend the current budget to increase the Public Safe- ty Fund Councilman Pregler moved that the hearing on Ordi- nance No. 26-70 which was sche- duled for this meeting be held on June 1, 1970 and the Clerk be in- structed to publish notice of same as required by law. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Mr. Harold Molo, Robert Molo and Milt Marty addressed the Coun. cil by requesting some definite ae. tion as to their expansion situation in the Urban Renewal area at 5th & Locust Street. They were pro- mised a decision within one week. There being no further business Councilman Bitter moved to ad. journ. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Leo F. Frnmmelt City Clerk dSe tember 8 ApproveD September 8, 1970 Adopted September 8, 1970 ..... :............................. City Clerk. Special Session, May 25, 1970 209 CITY COUNCIL OFFICIAL Special Session, May 25, 1970. Council met at 7:30 P.M. Cent- ral Daylight time. present -Mayor Meyers, Council- men Couchman, Moldenhauer, Pre- gler. Absent -Councilman Bitter at roll call. Mayor Meyers read the call and stated that service thereof had beed duly made and this meeting is called for the purpose to CON- SMER CONTRACT AWARDS OF THE MAIN STREET PEDES- TRIANWAY and acting upon such other business as may properly come before a regular meeting of the City Council. May 18, 1970 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received at 10:00 A.M., Wednesday, April 29, 1970, for the following: Main Street Pedestrianway, Gen- eral Contract—Section I. Main Street Pedestrianway, Elec- trical Contract—Section 11. The low base bid entered on the Electrical Contract -Section II was submitted by Westphal and Com- pany, Inc. of Janesville, Wisconsin. Their bid was 40.45% under the Engineer's Estimate. The low base bid entered on the General Contract—Section I was submitted by the M. F. Goerdt Con- struction Company of Dubuque, Iowa. Their bid was 26.39%n over the Engineer's Estimate. The combined bids for the proj- ect are 11.94% over the Engineer's total estimate. I recommend that the respective contracts for the project improve- ments be awarded to Westphal and Company, Inc. and the M. F. Goerdt Construction Company. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Meyers moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun. oilmen Couchman, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Attorney Robert Bertsch, repre. Tenting Conlon Construction Co., egain stated as he had at last week's Council meeting if the Council could legally negotiate with Goerdt Construction Co. after he bids were submitted to bring 'lack in line with the Engineer's ,stimate. City Attorney Russo advised the Cauncil that the intent of the law has been complied with by obtain. ing the best possible bid for the City. COUNCILMAN BITTER EN. TERED THE COUNCIL CHAMBER AT 7:50 P.M. Mayor Meyers moved to concur with the recommendation of the City Manager and the award to M. F. Goerdt Construction Co. and Westphal & Company be made ,,ubject to proposed change orders. :seconded by Councilman Couch- inan. Carried by the following vote: Yeas — Mayor Meyers, Coun- ilmen Bitter, Couchman, Pregler. Nays—Councilman Moldenhauer. (Awarding Contract) RESOLUTION NO. 149.70) WHEREAS, sealed proposals have been submitted by contrac- tors for the Main Street Pedestri- ;anway—Section I—General Con- tract pursuant to Resolution No. 73.70 and notice to bidders pub- lished in a newspaper published in said City on April 9, 1970 and April 16, 1970; and WHEREAS, said sealed prposals were opened and read on April 29, 1970, and it has been determined that the bid of M. F. Goerdt Con. struction Company of Dubuque, Iowa in the amount of $689,413.75 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; n )w 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 M. F. Goerdt Construction Company and the Manager be and 210 Special Session, May 25, 1970 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 May 18, 1970. Passed and adopted this 25th day of May, 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 Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Pregler. Nays—Councilman Moldenhauer. (Awarding Contract) RESOLUTION NO. 150-70 WHEREAS, sealed proposals have been submitted by contrac- tors for the Main Street Pedes- trianway — Section II — Electrical Contract pursuant to Resolution No. 80-70 and notice to bidders published in a newspaper pub- lished in said City on April 9, 1970 and April 16, 1970; and WHEREAS, said sealed propos- als were opened and read on April 29, 1970, and it has been deter- mined that the bid of Westphal and Company, Inc. of Janesville, Wisconsin in the amount of $89,- 623.54 was the lowest bid for the furnishing of all labor and mater- ials and performing the work as provided for in the plans and spec. ifications; 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 Westphal & Company, Inc and the Manager be and he is here by directed to execute a contract on behalf of the City of Dubuque for the complete performance o1 said work. BE IT FURTHER RESOLVED, hat upon the signing of said con. race and the approval of the con. ractors bond the City Treasurer ,s authorized and instructed to re. .urn the bid deposits of the unsue. .essful bidders. Approved and placed on file for ane week on May 18, 1970. Passed end adopted this 25th day of May, 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 cf the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun. c ilmen Bitter, Couchman, Molden. Lauer, Pregler. Nays—None. COUNCILMAN COUCHMAN LEFT THE COUNCIL CHAMBER AT C:05 P.M. Notice of claim of Janlin Plastic Company Inc. in the amount of 6100. for expense incurred as the result of a backed -up sewer on Kerper Blvd., on April 13, 1970, presented and read. Councilman Bitter moved that the claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Pregler. Carried by 1 he following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Absent—Councilman Couchman. Nays—None. Notice of claim of Mrs. Leo Kraft Flr., in an undetermined amount, for personal injuries received in a fall on a defective sidewalk at 1370 Dodge Street on May 8, 1970, presented and read. Councilman Bitter moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Couchman. Special Session, May 25, 1970 211 May 22, 1970 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 to Multiple Family, property de- scribed as: Parcel #1: Lit 2 of Lot 1 of Lo. 1 of Lot i of Lot l of Lot 2 of Highland Farm, in the City of Du- buque, Iowa. Parcel #2: Lot 3 of Lot 1 of Lo: I of Lot l of Lot 1 of Lot 2 of Highland Farm; and Lot 2 of Lot 2 of Lot 2 of St. Rose Place, in the City of Dubuque, Iowa. Parcel #3: Lot 1 of Lot 1 of Lo: 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Highland Farm, in the City of Dubuque, Iowa. This property lies on both side of Chaney Road, south of Kauf- mann Avenue. The property contains approxi- mately thirty-six (36) acres and ha ; access to Chaney Road and Kauf- mann Avenue. It was the opinion of the Com mission that the increased dwell- ing units that would be permitted under this classification would no. cause congestion on the street o~ overload utilities in this area. It was further the opinion of thi- Commission that the proposed us, would be cornpatible with the area around it. It is the recommendation of the Planning and Zoning Commission that the property described above be reclassified from Single Family Residence to Multiple Residence. Respectfully submitted, City Planning and Zoning Commission Don Gilson City Planner Councilman Pregler moved that the communication be referred for proper proceedings and explore the idea of a possible recreational area. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas —Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays—None. Absent --Councilman Couchman. Petition of Maurice Humke re- questing permission to attach four compressor units for air condition. ing to the Conlin Building at 1473 Central Avenue, which would over- hang in the alley, presented and read. Mayor Meyers moved that the petition be referred to the Building Department for approval and proper proceedings. Seconded by Councilman Pregler. Carried by he following vote: Yeas — Mayor Meyers, Council. i,.- -n Biter, Moldenhauer. Pregler. Nays—None. Absent—Councilman Couchman. Petition of A-1 Plumbing Cool- ing and 11cating Co. requesting per- mi5sion to excavate in the alley at 1765 White Street, presented .:nd read. Councilman Pregler moved approval of the petition subject to approval of the Engi- n. ering Department. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays—None. Absent—Coun^ilman Couchman. Petition of John R. Sodden of 2190 St. Celia Street requesting immediate action to obtain en- f>rccinent of the four year mainte nance bond by Schiltz Construc- tion Co. to correct faulty installa- tion of sidewalks and paving in Sunset Park No. 2 Subdivision, pre- sented and read. Mayor Meyers moved that the petition be re- ceived and filed. Seconded by Councilman Pregler. Carried by th . following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—'gone. Absent—Councilman Couchman. Communication of City Engineer White advising that the petition of John R. Sodden has been complied with by contacting the various par- ties concerned and the improve- ments will be made in the near future, presented and read. Coun- cilman Pregler moved that the communication be received and filed. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, COun- cilmen Bitter, Moldenhauer, Preg. ler. Nsys—lone. Absent --Councilman Couchman. 212 Special Session, May 25, 1970 Petition of Dubuque Packing Co. requesting vacation and conveyace of the unvacated portion of Syca- more Street situated north of the north side of 16th Street runnin,' northerly to the south side of the vacated portion of East 19th Street, presented and read. Coun- cilman Pregler moved that the pe- tition be referred to the Planning & Zoning Commission for investi- gation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Moldenhauer, Preg. ler. Nays—None. Absent—Councilman Couchman. Petition of Edward G. Brown re- questing a refund of $250 on the unexpired liquor license No. C:- 6725, as he has discontinued busi- ness on April 29, 1970, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Moldenhauer, Preg. ler. Nays—None. Absent—Councilman Couchman. Petition of Janice Bergfeld re- questing a refund of $150 on the unexpired portion of Class C Beer license No. 24, as she has discon- tinued business on May 5, 1970, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 151.70 Resolution requiring abutting property owners to make sewer and water and gas connections. WHEREAS, the City Council has heretofore adopted Resolution No. 89-70, being the Resolution of Ne- cessity for permanently improving City of Dubuque 1970 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1. NOW, THEREFORE, Be It Re. solved by the City Council of the City of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer, water and gas mains to the curb line of said property prior to June 20, 1970. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac. cordance with Ordinance No. 12B, ordering compliance with this Resolution: Section 3. That in the event any such properly owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said connec. tion made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 25th day of May, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer 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, Moldenhauer, Pregler. Nays — None. Absent — Councilman Couch. man. RESOLUTION NO. 152.70 WI-IEREAS, William T. Connery and Lucina G. Cunnery, husband and wife, have delivered Warranty Deed conveying real estate herein- after described to City of Dubu- que; and that said Warranty Deed should be accepted; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Special Session, May 25, 1970 213 Section 1. That delivery of War- ranty Deed by William T. Con- nery and L,ucina G. Connery, hus- band and wife, conveying to City of Dubuque, the following describ- ed real estate, to -wit: Lot 2 of the Subdivision of Lot 4 and Lot 2 of the Subdivision of Lot 3 of Gilliam's Subdivi- sion in the City of Dubuque, Iowa, according to the respec- tive plats thereof be and the same is hereby accept- ed. Section 2. That the City Clerk be and he is hereby authorized and directed to file said Warranty Deed along with copy of this Reso- lution with the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 25th day of May, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mavor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent—Councilman Couchman. DUBUQUE AIRPORT COMMISSION RESOLUTION NO. 1-70 WHEREAS, the Airport Coin - mission in and for the City of Du- buque, Iowa has been negotiating; with the respective property own- ers for the acquisition in fee sim- ple title certain parcels of real estate in connection with the ap- proach lighting system in an ef- fort to acquire same without re sorting to court proceedings, and WHEREAS, the owners of the said respective parcels of real es tate sought to be acquired are Merlin H. Bradley and Dorothy R Bradley, husband and wife, and Fred E. Klett, and WHEREAS, the amicable nego tiations have been unsuccessful and it is the judgment of this Commission that Eminent Domair Proceedings should he institutes in connection with the acquisition of said real estate the areas of which are shown on the attached plats and by reference made a part hereof; NOW THEREFORE BE IT RE- SOLVED BY THE AIRPORT COM- MISSION OF THE CITY OF DU- BUQUE, IOWA: Section 1. That this Airport Commission recommended by for- inal action to the City Council of the City of Dubuque, Iowa that it direct the City Attorney to ac- quire the real estate from Merlin H. Bradley and Dorothy R. Brad- ley, husband and wife, and Fred E. Klett needed for the development f the Airport Lighting System and to institute Eminent Domain proceedings for and on behalf of i he City of Dubuque, Iowa for the use of the Airport. Commission of the City of Dubuque, Iowa at the earliest possible time in order to Qualify for the deadline establish- : d by the F.A.A. to qualify for ontributed matching funds. Section 2. That a certified copy 4 this Resolution be forthwith transmitted to the City Clerk of ,he City of Dubuque, Iowa for ac- t ion at the meeting to be held on 7day Z5, 1970. Passed, approved and adopted i. his 22nd day of May, 1970. .URPORT COMMISSION OF THE ITY OF DUBUQUE, IOWA: Lester M. Harney, Chairman F. R. Woodward W. M. Clemens, Jr. Vic J. Grice Utest: F. R. Woodward, Secretary Mayor Meyers moved that the resolution be received and made a matter of record. Seconded by C:>uncilman Pregler. Carried by the following vote: yeas — Mayor Meyers, Council - inen Bitter, Moldenhauer, Pregler. Nays — None. Absent—Councilman Couchman. RESOLUTION NO. 153.70 WHEREAS, the Airport COm- mission of the City of Dubuque, Iowa by written communication to the City Council of the City of Du- buque, Iowa advises that certain negotiations for the acquisition of certain parcels of real estate for 214 Special Session, May 25, 1970 airport development in order to insure public safety by the instal- lation and erection of an approach lighting system have failed, and WHL:REAS, Merlin H. Bradley and Dorothy R. Bradley, husband and wife., are the owners of the following described real estate which is sought to be acquired, and WHEREAS, Fred E. Klett is the owner of the following described real estate which is sought to be acquired; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL O(F THE CITY OF DUBUQUE, IOWA: Section 1: That the City Attor- ney of the City of Dubuque, Iowa be and he is hereby directed to institute Eminent Domain proceed- ings for and on behalf of the City of Dubuque, Iowa against Merlin H. Bradley and Dorothy R. Bradley, husband and wife, to ac- quire the following described real estate to -wit: That portion of Lot 2 of Lot 1 of the Northeast Onc-Quarter of the Northwest One -Quarter, Section 35, Township 88, North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa, containing 6.083 acres more or less as appears enclosed within red lines on the attached plat marked Ex- hibit "A". which acquisition is for public purposes and should be acquired for Municipal Airport purposes. Section 2. That the City Attor- ney of the City of Dubuque, Iowa be and he is hereby directed to institute Eminent Domain proceed- ings for and, on behalf of the City of Dubuque, Iowa against Fred E. Klett to acquire the following de- scribed real estate to -wit: That portion of the Northwest One -Quarter of the Northeast One -Quarter of Section 35, Township 88 North, Range 2 East of the 5th Principal Mer- idian, Dubuque County, Iowa, containing 0.241 acres more or less, as appears enclosed with. in red lines on the attached plat marked Exhibit "B" That portion of the Southwest One -Quarter of the Northeast One -Quarter of Section 35, Township 88 North, Range 2 East of the 5th Principal Mer- idian, Dubuque County, Iowa, containing 2.180 acres more or less, as appears enclosed with- in red lines on the attached plat marked Exhibit "C" That portion of Lot. 1 of the Southeast One -Quarter of the Northeast One -Quarter of Sec- tion 35, Township 88 North, Range 2 East of the 5th Prin. cipal Meridian. Dubuque Coun- ty, Iowa, containing 0.235 acres more or less, exclusive of County Road Right -of -Way, a sappears enclosed within red lines on the attached plat marked Exhibit "D". ,i. hick acquisition is for public purposes and should be acquired for Municipal Airport purposes. Section 3. It is further ordered oy the City Council of the City of Dubuque, Iowa that the City At- torney, R. N. Russo, be and he is hereby authorized and directed to do any and all things necessary and incidental in connection with ,aid Eminent Domain proceedings, including but not limited to the hiring of professional real estate appraisers and engaging profes- sional engineering services. Section 4. The respective par- cels of real estate sought to be acquired are >hown on the respec- tive plats attached hereto, and which plats by this reference are made a part hereof. Section S. That the City Clerk be and he is hereby authorized and directed to file a certified copy of this Resolution in the of- fice of the Dubuque County Re- corder in and for Dubuque County, Iowa. Passed, approved and adopted this 25th day of May, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Prebler moved ad- option of the resolution. Seconded Special Session, May 25, 1970 by Mayor Meyers. Carried by the following vote: yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent—Councilman Couchman. Communication of Councilman Wayne A. Moldenhauer submitting for the record the results of the WDBQ public opinion poll in re- sponse to the question "Shall the City Hall be restored rather than build a new one?" as showing a 90% favorable response, present- ed and read. Mayor Meyers moved that the communication be receiv- ed and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent—Councilman Couchman. Communication of Councilman Wayne A. Moldenhauer suggesting changes in the manner in which the Council deals with matters that come before them, presented and read. Councilman Pregler moved that the communication be received and filed and a copy sent to all Councilmen. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayo. Meyers,Council - men Bitter, Moldenhauer, Pregler. Nays — None. Absent—Councilman Couchman. At 9:15 P.M. Mayor Meyers mov- ed that the Council go into execu- tive session to consider sale o real estate in the Urban Renew Area. Seconded by Councilm Pregler. Carried by the followin vote: Yeas — Mayor Meyers, Council men Bitter, Moldenhauer, Preaer Nays — None. Absent—Councilman Couc*ap 215 At 10:08 P.M. the Council re- convened in regular session and Councilman Pregler moved that the Urban Renewal Director be instructed to prepare a resolu- tion to negotiate the sale of a piece of property in the Urban Renewal area known as the Raffer- ty property adjacent to the Molo Oil Station at 5th & Locust Street. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays—None. Absent—Coun6lman Couchman. There being no further business Councilman Pregler moved to ad- journ. Seconded by Mayor Meyers. Carried by the following vote: Yeis — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays—None. Absent—Councilman Couchman. Leo F. Frommelt, City Clerk .kdopt.ed September..8... 1970 Approved S..Pr PIIS Mftr...9...1970 ...... w .............. Clerk Special Session, June 1, 1970 217 CITY COUNCIL 1118,OFFICIAL Session, June 1, 1970. Council met at 7:30 P.M. Stan. dard 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 the R E G U L A R MONTHLY MEETING of the City Council called for the purpose of acting; upon such business as may prop- erly come before the meeting. Communication of J o h n P. Schreiber, Ass't V. P. of American Trust & Savings Bank, indicating a desire to be included with those who receive job and bid proposals in data processing, presented and read. Councilman C o u c h m a n moved that the communication be referred to the City Manager. Sec- onded by Councilman Bitter. 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 Statement of Receipts and a list of claims is- sued for the month of April 1970, 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, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Printed Council proceedings for the months of January and Feb- ruary 1970 presented for approval. Councilman Couchman moved that the proceedings be approved as printed. Seconded by Mayor Mey- ers. Carried by the following vote: Yeas --Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. May 28, 1970 To the Honorable Mayor and City Council, This is to advise that I have approved the following bonds and desire to have your approval on same. SIDEWALK Dennis Donovan, d/b/a Donovan Construction Co., Iowa Surety Company Tri-State Paving Company, Mer- chants Mutual Bonding Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the bonds be filed subject to ap- proval of the City Solicitor. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—:None. May 27, 1970 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 classification to Multiple Res- idence, property described as Block 10, Sunset Park Subdivision No. 2, in the City of Dubuque, Iowa. The proposed use for this prop- erty would be an extension of an existing district and would be con- sistent with the general develop- ment plan for the area. Il is the recommendation of the Planning and Zoning Commission that the property described above be reclassified from Single Family Residence to Multiple Residence.. Respectfully submitted, CITY PLANNING AND ZONING COMMISION Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation and same be referred for proper pro. ceedings. Seconded by Mayor Mey- ers. Carried by the following vote: yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. May 27, 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, in the City of Dubuque, Iowa, reclassified from Local Business "A" to Local Business "B". The same request was consid- ered in 1989. At that time the 218 Spacial Session, June 1, 1970 Commission found that a substan- tial amount of area in the vicinity of this site is classified Single Family and Two Family Residence on the zoning map, and that plan- ning for this area envisions that these areas will remain in this classification. It was the opinion of the Commission that some of the uses permitted in the Local Business "B" District would not be compatible with or provide service to the surrounding res- idential area. it is the opinion of the Com- mission that the current proposal is the same as that which was considered for the same site pre- viously, and that conditions in the vicinity have not changed. It is the recommendation of the Planning and Zoning Commission that the property at 1.105 Loras Boulevard remain in the Local Business "A" classification. Respectfully submitted, CITY PLANNING AND ZONING COMMISION Don Gilson City Planner 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 vete: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Attorney Dave Hammer as a representative of Phil Langas, ad- dressed the Council by stating that if the rezoning is not granted in favor of his client he will be forced into bankruptcy. Mr. Phil Langas addressed the Council by stating that he must rely on col- lege trade and be able to sell beer in order to survive. Councilman Pregler moved that the recommendation of the Plan- ning & Zoning Commission be ap- proved. MOTION DIED FOR LACK OF A SECOND. Councilman Bitter moved that the matter be tabled until the next meeting. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Mayor Meyers, Council- men Bitter, Molde nhauer. Nays — Councilman Couchman, Pregler. Councilman Bitter moved that the City Solicitor furnish a legal opinion as to the legality and the methods restricting uses of prop- erty within a given classification. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays—Councilman Pregler. May 27, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a re- quest to vacate that portion of Sycamore Street lying between 16th and 19th Streets, in the City of Dubuque, Iowa. This portion of Sycamore Street functions as a service drive to the Dubuque Packing Company and has public utilities located in it. it is the opinion of the Com- mission that there is no present or forseeable future public need for the right-of-way, however, ease- ments should be retained to pro- vide adequate access to the util- ities. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Mayor Meyers moved that the recommendation be referred to the City Solicitor for proper pro- ceedings. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. May 28, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission reviewed a request to reclassify from Single Family Res- idence to Two Family classifica- tion, property described as Lot 2 of 2 and the southerly 8.33 feet of Lot 3 of 3 of Mineral Lot 178, in the City of Dubuque, Iowa. It was the opinion of the Com- mission that to change this par. titular property would be "spot" zoning and there was no apparent reason for establishing a larger Two Family District in this area. It is the recommendation of the Planning and Zoning Commission that the property described above Special Session, June 1, 1970 219 remain in the Single Family Dis- trict. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner 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. Communication of Ecumenical Housing Inc. representing Cath- olic Charities of the Archdiocese of Dubuque and the Dubuque Council of Churches sponsoring housing projects for low and mod- erate income families indicating construction of a project to be known as Kennedy- Manor im- mediately north of Old Timers Supper Club, presented and read. Councilman Pregler moved that communication be received and filed and the rules suspended in order to let Rev. Rhomberg ad- dress the Council. Seconded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Communication of Ecumenical Housing Inc. requesting adoption of a resolution to be filed with the Federal Housing Administra- tion, showing the Council's desire to participate in the Rent Supple- ment Program, presented and read. 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, *Iolden- hauer, Pregler. Nays—None. Rev. Thomas Rhomberg ex- plained the program in detail to the Council along with Urban Re- newal Director Cent Wittenberg. RESOLUTION NO. 154.70 Resolution approving participa- tion by local housing owners in the Federal Rent Supplement Program. WIIERF.AS, under the provi- sions of Section 101 of the Hous- ing and Urban Development Act of 1965, the Secetary of Housing and Urban Development is author- ized to enter into contracts to make rent supplement payments to certain qualified housing own- ers on behalf of qualified low- income families who are elderly, handicapped, displaced, victims of natural disaster, or occupants of substandard housing; and WHEREAS, the provisions of said Section 101 cannot be made available to housing owners in certain localities unless the gov- erning body of the locality has by resolution given approval for such participation in the Federal Rent Supplement. Program. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Approval is hereby granted for participation in the Federal Rent Supplement Program by qualified housing owners of property locat- ed in the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of June 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. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. May 12, 1970 Hon. Mayor and City Council On September 23, 1969, Mrs. Richard Vyverberg of 3160 Ideal Lane, Dubuque, Iowa filed claim against the City of Dubuque in the amount of $15.76 claiming damages to the rocker panel and moulding of her auto as the result of striking a defective curbing at 2403 Stafford Avenue on Septem- ber 13, 1969. 1 have conferred with the claim- ant and have made an investiga- tion of this matter and said claim- ant has made an offer of settlement of her claim in the amount of . It is recommendation of the d of the City Attorney that s 220 Special Session, June 1, 1970 offer of settlement be accepted, and that the City Auditor be in- structed to draw a warrant pay- able to Mrs. Richard Vyverberg in the amount of $15.76 and trans- mit same to the City Attorney for delivery upon receipt of duly ex- ecuted releases. 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 Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. June 1, 1970 Hon. Mayor and City Council On the 27th day of June, 1968, Richard Richman of 2204 Graham Circle, this city, filed claim against the City of Dubuque for injuries allegedly suffered on the 20th day of June, 1968 claiming a defective condition at the intersection of 5th Street and Central Avenue, in Dubuque, Iowa as the result of the erection of a faculty barricade thereat and causing the claimant to collide with an open excavation. Said claimant claimed damages in the amount of $2,000.00 as the result of damages to his vehicle as well as personal injuries. This claim was referred to the City Attorney who has made an investigation thereof and consulted with claimant's attorney who has made an offer of settlement in the amount of $500.00. It appears that at the time of this incident the street was under construction under a contract to the City of Dubuque by the Flynn Company Inc. and it appears that said contract contains the usual indemnity agreement wherein the contractor agrees to hold the City of Dubuque harmless. Accordingly, demand has been made upon Flynn Company, Inc. pursuant thereto and efforts will be made to recoup the amount herein offered by way of settlement by the City. Accordingly, it is the recommen- dation of the City Attorney that the offer of settlement in the amount of $500.00 be accepted and that the City Auditor be instructed to draw warrant payable in said amount to Richard Richman and Alfred E. Hughes, his attorney for delivery upon receipt of releases Df Richard Richman and Marian Mentz. 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 Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. June 1, 1970 Hon. Mayor and City Council On April 7, 1969, Ida E. Jacob- son commenced an action in the District Court of Dubuque County, Iowa against Adams Realty Cor- poration and City of Dubuque, Iowa claiming damages in the amount of $15,000.00 as the result of alleged personal injuries suf- fered on January 8, 1969 as a result of falling on a public side- walk on the south side of Eleventh Street where it intersects with Main Street, claiming a defective condition thereat by reason of an accumulation of uneven ice and snow. The original notice and copy of petition was referred to the City Attorney who interposed appro- priate pleadings thereto. During the course of said cause, Adams Realty Corporation brought in Charles R. Cushing and Carol M. Cushing, d/b/a Shangri-La Lounge as cross defendants. This cause has been scheduled for trial on July 6, 1970 and in the course of the discovery depo- sitions taken of the plaintiff, plain- tiff made offer of settlement of $1,500.00 plus court costs, and the cross-defendants, Charles R. Cush- ing and Carol M. Cushing, have offered to contribute the sum of $750.00 and it is the recommenda- tion of the City Attorney that the offer of settlement of $1500.00 be accepted and that the City Auditor be instructed to draw warrant in the amount of $750.00 payable to Ida E. Jacobson and her attorney and transmit same to the City Attorney for delivery upon Dis- missal with Prejudice and that the City Auditor be instructed to draw Special Session, June 1, 1970 221 warrant payable to the Clerk of the District Court in the amount to be furnished by the Court Clerk at a later date. Original claim is herewith at- tached. Respectfully submitted, R. N. Russo City Attorney Councliman Pregler moved ap- proval of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Notice of Claim of Harriet C. Butler, in an undetermined amount, for personal injuries re- ceived in a fall on a defective walk on Main street on the north side of Walker's Shoe Store on April 2, 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 Bitter. Carried by the fol- lowing 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 cur- rent budget by increasing Public Safety Fund expenditure from $1,703,335.00 to $1,706,335.00, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time of the public hearing. Mayor Meyers moved that the proof of publication 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. ORDINANCE NO. 26-70 An Ordinance amending the budget as approved by Ordinance No. 1-70 and Ordinance No. 4.70. said Ordinance having been pre- viously presented and read at the Council meetings of May 4, 1970 and May 18, 1970, presented for final adoption. ORDINANCE NO. W70 An prcved Ordinance Ordinancer Number 1.70tand rdinance Number 4-4. Be It ordt Ined by the City Council of 4 City of Dobuoue: That expenditures aro Increased In the Ilowing fund, Public SaiMy Pped keta q,7S>>r a35.0o to 111,706,325.1 p y ound 1 approa appropriation of Increasing "uaane mSoctaty V eni" by $3,000.10. The Increpse In _ expsndltures set out will 00 no Increase In taxes to be paid In Passed, adopted and approved this fat day of June, 1970 boneld R. Meyers Attest: Published cfftcially In the Teleoreph- Herald Newspaper this 5th day of June 1970. City l rkommelt 1 t. 6.5 Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Mayor Meyers. 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 amend Zoning Ordinance No. 3-34 so as to change Lot 2of2of I of 2 of I of 2 of I of 1 of M. L. 67 from Two Family to Multiple Family Classification, 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 Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 27.70 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 Lot 2 of 2 of 1 of 2 of 1 of 2 of 1 of 1 of M. L. 67, from "Two Family Residence District" Classification to "Mul- tiple Residence District" Class- ification, (Kelly on Dodge), said Ordinance having been sented andread at pre- viously p he Special Session, June 1, 1970 Council meeting of May :1, 1970, presented for final adoption. ORDINANCE NO. 27770 &FORE BE IT ORDAINED fY COUNCIL OF THE CITY JE IOWA: Yhat Ordinance No. 3.34 1ethe City of aDubuque Iowa same is hereby amended by im 'Two Family Residence sslfication to "Multiple Res- Ict" Classification the follow - d real estate, to -wit: .of 2 of Lot 1 of Lot 2 of .of 2 of Lot 1 of Lot 1 of nt 67. in the City of Du - Section 27%at the foregoing Amend- ment hes heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed approved and adopted this Ist day of Pune, 1910. Donald R. Meyers ATTEST: Leo F. Frommelt CItY Clerk Pub fished officially In the Telegraph - Herald Newspaper this 5th day of June 1970. Leo F. Frommelt City Clerk 7t. 6-S 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- hauer, Pregler. Nays—None. ORDINANCE NO. 20-70 An Ordinance Amending and Changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, as to change the Sly 150' of Lot 2 of the Sub. of Lot 25, in Block 4 in Westside Manor Sub. from Single Family Residence District Class- ification to Local Business B Classification, said Ordinance having; been pre- viously presented and read at the Council meetings of April 20, 1970 and May 18, 1970, presented for final adoption (Chew property— J.F.K. Road). Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Meyers, Council. men Bitter, Couchman, Molden. hauer, Pregler. Nays—None. Attorney C. J. May, represent. ing Patrick Chew, talked of var. ious restrictions as to the use of the property however they are not attempting to change the zoning after granted, by restrictive cov- enants. The proposition as pro. posed between Mr. Chew and Mr. Bechen has been laid to rest. His client did not request anything unreasonable but they have not been able to arrive at a mutual agreement. The 150' as requested for rezoning is a completely hid- den matter. The area is destined to this use and it cannot have a bad effect on the residential area on top of the hill. Attorney Hal Reynolds, repre- senting the opposition to rezoning group from Westside Manor, stated that no agreement was made and also there can be no agreement, in the Westside residential devel- opment. Shike Richardson rezon- ing made this property contiguous. Rezoning half is not making it rignt. i -so more rezoning of this area is the adamant idea of the Westside Manor area property owners. Z o n i n g is based on change of conditions. The peo- ple are entitled to protection that they should have had from the beginning. Mayor Meyers moved to deny final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Moldenhauer, Preg- ler. Nays—Councilman Couchman. May 25, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a public hearing on a proposal to amend the Multiple Residence District, by striking sub -section (1) of Section 2 of Article IV and adopting a new subsection (1), for the City of Du- buque, Iowa, as follows: Structures having historical and/or architectural signifi. cance, and described in sub- section H, hereof, may by spe- cial permit of the Board of Special Session, June 1, 1970 2233 Adjustment, be used for the following: Museums Tours Meeting Rooms Private Dinner Parties Restaurant, Cabarets Gift Shops Antique Shops. The City Council of the City of Dubuque, Iowa, shall after public hearing and consulta- tion with civic groups deter- mine whether a structure has historical and/or architectural significance and by appropri- ate resolution shall designate the site as such and said site shall be considered as com- merical for the limited pur- pose of obtaining the required permits for the above listed uses. It is the recommendation of the Planning and Zoning Commission that the proposal to amend the Multiple Residence District be adopted. Respectfully submitted. CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner 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. ORDINANCE NO. 26.70 An Ordinance Amending Ordi- nance No. 3.34 known as the "Zoning Map and Zoning Ordi- nance of the City of Dubuque, Iowa" by repealing subsection (1) of Section 2 of Article IV thereof and enacting a new sub- section (1) to Section 2 of Article IV in lieu thereof, to specify the uses to which structures having historical and/or Architectural significance may be put, presented and read. Councilman Couchman moved 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, 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 Councilman Pregler. Carried by the vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. Councilman Couchman moved that a public hearing be held on the Ordinance on June 29, 1970, at 7:30 o'clock P.M. Central Day. light Time 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 Mayor Meyers. Carried by the fol- lowing votes: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. May 26, 1970 To The Honorable Mayor and City Council Herewith submitted is an Ordi- nance granting Dubuque Blacktop Co., Inc., Maurice Humke, Presi- dent, permission to attach com- pressor units for air-conditioning on the rear wall of building at 1473 Central Avenue, overhanging public alley. The usual stipulations for re- moval are included. Respectfully yours, Gilbert D. Chavenelle City Manager Councilman Moldenhauer 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. ORDINANCE NO. 29.70 An Ordinance Authorizing Dubu- que Blacktop Co. Inc., 1473 Cen- tral Avenue to attach four (4) compressor units for Air Condi- tioning on the rear wall over the public alley, 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- 224 Special Session, June 1, 1970 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 Pregler. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. ORDINANCE NO. 29-70 AN ORDINANCE AUTHORIZING DU- CENTrEtALBAVENUEPTO AtTACH FOUR (4) COMPRESSOR UNITS FOR AIR- CONDITIONING ON THE REAR WALL OVER THE PUBLIC ALLEY. BE IT ORDAINED BY THE CITY COUN. CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Dubuque Blacktop Co., Inc.,be and it is hereby granted the in- taintand compressoorstover the tPubldic alley at the rear of the building known as 1473 Central Avenue and located on N. M. IA of City Lot 4S0. 3.3 ton units 20" wide and 2" long and 34" high, approximate weight 400 lbs. placed the long way with the alley. Une unit 1 ton 16" wide, 39" long and 29" high, ap- proximate weight 222 lbs. All in ac- ccrdance with the plans approved by the City Manager. Section 2. That such construction shall be d ne under the supervision and direc- tion of the Building Commissioner and the City Manager of the City of Dj- buque and in accordance with all ap- plicable State and Federal Laws and regulations and the Ordinances of the City of Dubuque. Section 3. As a further consideration of the rights and privileges herein granted, Dubuque Blacktop CO., Inc., its suc- cessors and assigns assume any and all liability for damages to persons or property which may result from the construction, existence, or maintenance of said compressors. Said Applicant, it's successors and assigns at its own expense, agrees to pay on behalf of the City of Dubuque all sums which the City of Dubuque shall become obligated to pay by reason of the liability im- posed on the City of D.,bsque for dam- ages of any kind resulting in the con- struction or maintenance of said com- pressors, sustained by any person or persons, caused by accident or other. wise, and to defend at its own expense and on behalf of said City, any claim against said C11y, arising out of the construction or maintenance of said compressors. Section 4. Should the rights and privileges herein granted be rescinded or revoked, Dabuque Blacktop Co., Inc., Its succes- cors or assigns shall, within thirty (30) days after receipt of written notice from the City Manager so to do, at its own expense remove said compressors and in the event o1 its failure so to do the City of Dubuque shall be authorized to remove said compressors at appli- canl's expense, assess the costs thereof against the premises and destroy the compressors, and neither applicant nor the owners of the premises shall have ony claim against said City or Its agents, for damages resulting from the removal of said compressors. Section 5. This Ordinancehall become effective and rights hereunder shall ac- crue to Dubuque Blacktop Co., Inc., when this Ordinance has been adopted by the City Council and accepted by the Applicant and the owners of the Premises by acceptance on this Ordi- nance. Section 6. This Ordinance shall be in full force and effect from and after its final Fadoption and publication as by law provided. Introduced the 1st day of June, 1970. Rule requiring reading on three sepa. rate days suspended by unanimous vote the 1st day of June, 1970. Passed, adopted and approved this 1st day (AJune, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter ATTEST: Councilmen Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 29-70. DObuoue Blacktop Co., Inc, the owner of the premises having full knowledge and understanding of the terms and con- ditions of Ordinance No. 29.70 hereby ac. cept the same as adopted and agree to comply with all the terms and conditions thereof; and grant unto the City of Du- buque all of the privileges and rights In said Ordinance contained. Dubuque Blacktop Co., Inc. By M. E. Humke Applicant Title: President Published officially in the Telegraph - Herald Newspaper this 5th day of June 1970. Leo F. Frommelt City Clerk 1 t. 6.5 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, Pergler. Nays — None. Petition of Edward J. Simpson et al (13 signers) requesting inspec- tion of the home at 706 Providence Street in conformity to the sanita- tion and plumbing codes, present- ed and read. Councilman Pregler moved that the petition be referred to the City Manager for investigation and re- port and that the Council receive copies of the housing inspector's report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Wm. J. Ohnesorge et al requesting relief of erosion of his property at 775 Gillespie Street caused by back-up of the water from the 32nd Street Detention basin at the time of heavy rains, presented and read. Councilman Bitter moved that the petition be referred to the Manager and Engineer for proper proceedings. Seconded by Council- man Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Peoples Natural Gas requesting permission to excavate Special Session, June 1, 1970 225 at 282 Fremont Ave., presented and read. Councilman Bitter moved ap- proval of the petition. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Peoples Natural Gas requesting permission to excavate at 145 First Street, presented and read. Councilman Bitter moved ap- proval of the petition. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays -- None. Petition of Wayne M. Lowry, minister of First Presbyterian Church, requesting consideration for the installation of traffic lights at the intersections of University & Asbury and at Grandview, Uni- versity, Delhi and Grace Streets, presented and read. Councilman Pregler moved that the petition be referred to the Manager and Traffic Department for investigation and report. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Berwanger Boiler Shop requesting permission to let the condenser units remain on top of the Walser Moving & Storage building at 422 Garfield Avenue, presented and read. Councilman Bitter moved that the petition be referred to the Building Department. 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 receipt of proposals for the construction of City of Dubu- que 1970 Concrete Curb & Gutter project No. 1, presented and read. Councilman Bitter moved that the proof of publication be receiv- ed and filed. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Moldcn. hauer, Pregler. Nays — None. May 28, 1970 To the Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00 A.M., CDST, Thursday, May 28, 1970 for the City of Dubuque 1970 Concrete Curb and Gutter Project No. 1. The lowest bid en. tered was entered by the Tri-State Paving Company of Dubuque, Iowa. Their bid was 5.41% over the esti- mate. I recommend that the contract for the improvement be awarded to the Tri-State Paving Company of Dubuque, Iowa. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. (Awarding Contract) RESOLUTION NO. 155-70 WHEREAS, sealed proposals have been submitted by contrac- tors for the CITY OF DUBUQUE 1970 CONCRETE CURB AND GUT- TER PROJECT NO. 1 pursuant to Resolution No. 121.70 and notice to bidders published in a news- paper published in said City on May 8, 1970 and May 15, 1970; and WHEREAS, said sealed proposals were opened and read on May 28, 1970, and it has been determined that the bid of Tri-State Paving Company of Dubuque, Iowa in the amount of $85,237.35 was the low- est bid for the furnishing of all 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 Tri-State Paving Company and the Manager be and he is hereby directed to execute a con. tract on behalf of the City of Du- 226 Special Session, June 1, 1970 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 authorized and instructed to return the bid deposits of the unsuccess- ful bidders. Passed and adopted this 1st day of June, 1.970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk. Councilman 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. Proof of Publication, certified to by the Publisher, of notice to contractors of receipt of proposals for the construction of City of Dubuque Hot Mix -Hot Laid Asphal- tic Concrete Paving Project No. 1, presented and read. Mayor Meyers moved that the proof of publication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lownig vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. May 28, 1970 To the Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00 A.M. CDST, Thursday, May 28, 1970 for the City of Dubuque 1970 Hot Mix Hot Laid Asphaltic Concrete Paving Project No. 1. The lowest bid entered was en- tered by the Tri-State Paving Com- pany of Dubuque, Iowa. Their bid was 4.4% over the estimate. I recommend that the contract for the improvement be awarded to the Tri-State Paving Company. Respectfully, Gilbert D. Chavenelle City Manager 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. (Awarding Contract) RESOLUTION NO. 156-70 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1970 —Hot Mix— Hot Laid Asphaltic Concrete Paving Project No. 1 pursuant to Resolution No. 123.70 and notice to bidders published in a newspaper published in said City on May 8, 1970 and May 15, 1970; and WHEREAS, said sealed propos- als were opened and read on May 28, 1970 and it has been determined that the bid of Tri State Paving Co. of Dubuque, Iowa in the amount of $299,126.65 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 Tri State Paving Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance 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 unsuccessful bidders. Passed and adopted this 1st day of June, 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 Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- Special Session, June 1, 1970 227 men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice to Con- tractors of receipt of proposals for the construction of City of Du- buque 1970 Bituminous Concrete Paving Project. No. 1, presented and read. Councilman Pregler moved that the proof of publica- tion 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. May 28, 1970 To the Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00 A.M., CDST, Thursday, May 28, 1970 for the City of Dubuque 1970 Bituminous Concrete Paving Project No. 1. The lowest bid entered was en- tered by the Mulgrew Blacktop, Inc. of Dubuque, Iowa. Their bid was 5.0% over the estimate. I recommend that the contract for the improvement be awarded to the Mulgrew Blacktop, Inc. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation be approved. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. (Awarding Contract) RESOLUTION NO. 157.60 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1970 - Bituminous Concrete Paving Proj- ect No. 1 pursuant to Resolution No. 125-70 and notice to bidders published in a newspaper pub- lished in said City on May 8, 1970 and May 15, 1970; and WHEREAS, said sealed propos- als were opened and read on May 28, 1970, and it has been deter- mined that the bid of Mulgrew Blacktop Inc. of Dubuque, Iowa in the amount of $60,337.58 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 Mulgrew Blacktop Inc. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance 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 unsuccessful bidders. Passed and adopted this 1st day of June, 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. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of pro- posals for the construction of City of Dubuque 1970 Concrete Paving with Integral Curb Project No. 1, 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. May 28, 1970 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., CDST, Thursday, May 228 Special Session, June 1, 1970 28, 1970 for the City of Dubuque 1970 Concrete Paving with Integral Curb Project No. 1. The lowest bid entered was en. tered by the Flynn Company, Inc. of Dubuque, Iowa. Their bid was 0.4% under the estimate. I recommend that the contract for the improvement be awarded to the Flynn Company, Inc. Respectf ully, Gilbert D. Chavenelle City Manager Councilman Bitter 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. (Awarding Contract) RESOLUTION NO. 159-70 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1970 Concrete Paving with Integral Curb Project No. 1 pursuant to Resolution No. 127-70 and notice to bidders published in a news- paper published in said City on May 8, 1970 and May 15, 1970; and WHEREAS, said sealed propos- als were opened and read on May 28, 1970, and it has been deter- mined that the bid of Flynn Co. Inc. of Dubuque, Iowa in the amount of $131,454.65 was the lowest bid for the furnishing of all labor and materials and per- forming 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 Flynn Co. Inc. and the Man- ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance 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 unsuccessful bidders. Passed and adopted this 1st day of June, 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. 159.70 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. Walgreen Company, 555 J. F. Ken- nedy Road BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 1st day of June, 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. RESOULTION NO. 160.70 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- Special Session, June 1, 1970 229 tions be granted and licenses issu- ed upon the compliance with the terms of the ordinance of the City. CLASS "B" BEER PERMIT PRIVATE CLUB Knights of Columbus Council 510, 781 Locust Street Dubuque Golf. & Country Club, 1800 Randall Place CLASS "B" BEER PERMIT John F. Hall, 2616 Windsor Avenue Marco Giunta, 2022 Central Ave. nue Pete S. Sfikas & Gust Karigan, 401- 405 Central Avenue Nelson M. Norwood, Bunker Hill Golf Course Virginia Hos, 241 Main Street Frank & Phyllis Licciardi, 504 Bluff Street CLASS "C" BEER PERMIT Walgreen Company, 555 J. F. Ken- nedy Dr. Lil' Giant Food Store, 2644 Pennsy- lvania Avenue Passed, adopted and approved this 1st day of June, 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. 161.70 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 1T 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 follow- ing named applicants a Beer per- mit. CLASS "B" BEER PERMIT PRIVATE CLUB Knights of Columbus Council 510, 781 Locust Street Dubuque Golf & Country Club, 1800 Randall Place CLASS "B" BEER PERMIT John F. Hall, 2616 Windsor Ave- nue Marco Giunta, 2022 Central Ave- nue Pete S. Sfikas & Gust Karigan, 401- 405 Central Avenue Nelson At. Norwood, Bunker Hill Golf Course Virginia Iios, 241 Main Street Frank & Phyllis Licciardi, 504 Bluff Street CLASS "C" BEER PERMIT Walgreen Company, 555 J. F. Ken- nedy Drive Lil' Giant Food Store, 2644 Pennsy- lvania Avenue 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 June, 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. 162.70 WHEREAS, applications for Li- quor 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- liance with the terms of the IOWA LIQUOR CONTROL ACT CHAPTER 123 — as amended by the 60th General Assembiv, 1963. CLASS "A" CLUB LICENSE Dubuque Golf & Country Club, 1800 Randall Place 230 Special Session, June 1, 1970 CLASS "C" COMMERCIAL ESTABLISHMENT John F. Hall, 2616 Windsor Ave- nue Virginia Hos, 241 Main Street Passed, adopted and approved this 1st day of June, 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, Pregier. Nays — None. RESOLUTION NO. 163.70 WHEREAS, applications for Li- quor 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 bands: NOW THEREFORE BE IT RE SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issu- ed to the following named appli- cants a Liquor permit. CLASS "A" CLUB LICENSE Dubuque Golf & Country Club. 1800 Randall Place CLASS "C" COMMERCIAL ESTABLISHMENT John F. Hall, 2616 Windsor Ave. nue Virginia Hos, 241 Main Street Passed, adopted and approved this 1st day of June, 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. Mr. A.J. Reuter of 569 Edith Street and Mrs. Harry Vanderberg of 623 Edith Street reminded the Council of the sanitary sewer problem in their area. Por. Bud Isenhart of 87 Nevada St., requested the Council to give consideration to playgrounds in the older sections of the City. 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- hauer, Pregler. Nays — None. Leo F. Frommelt City Clerk Approved eptembPr ....... 2 970 Adopted September 28 1970 ..... 0da,. d.R.....I.. ..:.... R s........... —... T . ............................... City Clerk Special Session, June 8, 1970 231 CITY COUNCIL. OFFICIAL Special Session, June 8, 1970. Due to the presence of only two Councilmen, Gaylord M. Couchman and Wayne A. Moldenhauer the meeting was adjourned subject to call. Mayor Meyers and Councilman Bitter out of City. Councilman Yregler hospitalized. Leo F. Frommelt City Clerk Approved 1970 Adopted September 28, 1970 Adopted September 28, 1970 Councilmen City Clerk 232 Adjourned Special Session June 9, 1070 CITY COUNCIL OFFICIAL Adjourned Special Session June 9, 1970. Council met at 4:30 p.m. Central Daylight Time. Present — Councilmen Bitter, Couchman, Moldenhauer. City Manager Gilbert D. Chavenelle. Absent—Mayor Meyers (out of city) Councilman Walter A. Pregler (illness). Councilman Moldenhauer moved that Councilman Couchman be elected to serve as Presiding officer Pro Tem of the meeting in the ab- sence of Mayor Meyers. Seconded by Councilman Bitter. Carried by the following vote: Councilmen Bitter, Couchman, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Pregler. Presiding Officer Pro Tem Couchman read the call and stated that service thereof had been duly made and this meeting is called for the purpose of DIRECTING THE ISSUANCE OF VARIOUS BUSI- NESS LICENSES and acting upon such other business as may proper- ly come before a regular meeting of the City Council. Communication of Peoples Nat- ural Gas submitting their 1969 Statement of Operating Income and Balance sheet, presented and read. Councilman Bitter moved that the statement be received and filed. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas—Presiding Officer Pro Tem Couchman, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Pregler. Communication of City Engine- er White, submitting a report of what is proposed to be done to rectify the unsightly and unfin- ished conditions in Oak Brook Sub- division as complained of by Mr. C. George Biasi, presented and read. Councilman Bitter moved that the report be received and filed. Seconded by Presiding Of- ficer Pro Tem Couchman. Car- ried by the following vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Pregler. May 28, 1970 Icon. Mayor & City Council On February 12, 1970, Mrs. Alma Ball of 2101 Kniest Street, this city, filed claim against the City of Du- buque, for damages in an unspeci- fied amount, and alleging personal injuries as the result of a fall on January 25, 1970 on an alleged icy sidewalk at the rear of the house at 2100 Kniest Street by a garage, thereat. I have conferred with the claim- ant and have made an investiga- tion of this matter and find that the claimant suffered a fracture to her right wrist, and said claimant has made an offer of settlement of her claim in the amount of $200.00. It is the recommendation of the City Attorney that said offer of set- tlement be accepted, and that the City Auditor be instructed to draw a warrant payable to Alma Ball and Raymond Ball, wife and hus- band, in the amount of $200.00 and transmit same to the City Attorney for delivery upon receipt of duly executed releases. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Presiding Officer Pro Tem Couchman. Carried by the following vote: Yeas—Presiding Officer Pro Tem Couchman, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Pregler. Notice of Claim of Marie Eliza- beth Schueller, in an undetermined amount, for personal injuries re- ceived as the result of a fall in a catch basin, located between the curb and sidewalk at 657 Alta Vista Street on May 319 1970, pre- sented and read. Councilman Bit- ter moved that the notice of claim be referred to the City Attorney for proper action and report. Sec- onded by Presiding Officer Pro Tem Couchman. Carried by the following vote: Adjourned Special Session June 9, 1970 233 Yeas—Presiding Officer Pro Tem Couchman, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Pregler. Notice of Suit of Maurice M. Wieser, in the amount of $360, for expense incurred as the result of a sewer back-up problem at his home at 2065 St. Ambrose Street on Feb- ruary 10th, and 14th 1970, present- ed and read. Councilman Bitter moved that the notice of Suit be referred to the City Attorney for proper action and report. Second- ed by Presiding Officer Pro Tem Couchman. Carried by the follow- ing vote: Yeas—Presiding Officer Pro Tem Couchman, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Pregler. Notice of claim of Mrs. Rose S. Haye, in an undetermined amount, for personal injuries received in a fall on the northwest corner of W. 23rd and Central Avenue on May 20, 1970, presented and read. Coun- cilman Bitter moved that the notice of claim be referred to the City Attorney for proper action and re- port. Seconded by Presiding Of- ficer Pro Tem Couchman. Carried by the followinC vote: Yeas—Presiding Officer Pro Tem Couchman, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Pregler. ORDINANCE NO. 30.70 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 Lot 2 of I of 1 of 1 of 1 of 2 of Highland Farm; Lot 3 of 1 of 1 of 1 of 1 of 2 of Highland Farm and Lot 2 of 2 of 2 of St. Rose Place; Lot 1 of 1 of 2 of 1 of 1 of 1 of 2 of Highland Farm from Single Family Residence District" classification to "Multiple Family Residence District classification" (Mt. St. Bernard property) presented and read. Councilman Moldenhauer 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—Presiding Officer Pro Tem Couchman, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council. man Pregler. Councilman Moldenhauer 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—Presiding Officer Pro Tem Couchman, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Pregler. Councilman Moldenhauer moved that a public hearing be held on the Ordinance on July 6, 1970 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Presiding Officer Pro Tem Couchman. Carried by the follow. ing vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Pregler. Petition of American Legion re- questing permission to conduct a "Youth on Parade Drum & Bugle Corps" parade on July 4, 1970, presented and read. Councilman Moldenhauer moved approval of the petition. Seconded by Presid- ing officer pro tem Couchman. Carried by the following vote: Presiding officer Pro Tem Couch- man, Councilmen Bitter, Molden- hauer, Nays—None. Absent—Mayor Meyers, Council- man Pregler. Petition of N. W. Bell Telephone Co. requesting permission to ex- cavate in a ten year alley to the rear of 1700 Central Ave. to clear up trouble in a cable buried under the alley, presented and read. Councilman Bitter moved approval of the petition. Seconded by Pre- siding Officer Pro Tem Couchman. Carried by the following vote: Yeas — Presiding Officer Pro 234 Adjourned Special Session June 9, 1970 Tem Couchman, Councilman Bit- ter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Pregler. Petition of Frank A. Larson Jr. of 1717 Kane Street requesting parking consideration for the 1700 block on Kane Street at least dur. ing the summer months, presented and read. Councilman Moldenhauer moved that the petition be re- ferred to the City Manager and Traffic Department for investiga- tion and report. Seconded by Pre- siding Officer Pro Tem Couchman, carried by the following vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen Bitter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Pregler. Petition of Mrs. Irene O'Neill et al (38 signers) objecting to the wrecked cars being parked at 240 Southern Avenue, presented and read. Presiding Officer Pro Tem Couchman moved that the petition be referred to the City Manager. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen Bit- ter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Pregler. Petition of Mrs. Raymond H. Kratz of 1516 Garfield Ave. re- questing permission to purchase a portion of the alley to the rear of her property, presented and read. Presiding Officer Pro Tem Couch- man moved that the petition be referred to the Manager for inves- tigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Presiding Officer Pro Tem Couchman, Councilman Bit- ter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council. man Pregler. Petition of Delos A. & Lois M. Dorweiler requesting rezoning from Multiple Family to Multiple Family with Professional use class. ification of Lot 5 of the Sub. of Lot 3 of Block 4 in Westchester Sub., presented and read. Council. man Bitter moved that the petition be referred to the Planning & Zoning Commission for investiga. tion and report. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen Bit- ter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Pregler. Petition of Dubuque Community School District requesting permis- sion to use aerial pieces for Senior and Hempstead Schools at home football games, presented and read. Councilman Moldenhauer moved approval of the petition. Seconded by Presiding Officer Pro Tem Couchman. Carried by the follow- ing vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen Bit- ter, Moudenhauer. Nays—None. Absent—Mayor Meyers, Council- man Pregler. RESOLUTION NO. 164-70 Approving The Fixed -Price Com- petition Method for Offering Certain Land In The Downtown Urban Renewal Project, Iowa R-15, To Private Developers For Redevelopment 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, under date of May 18, 1967, the Council of the City of Dubuque, after a Public Hearing duly adopted an Urban Renewal Plan for said Project and which Urban Renewal 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 to 259; and WHEREAS, pursuant to such Urban Renewal Plan and Loan and Capital Grant Contract, the City of Dubuque has and is acquiring land, relocating site occupants, removing structures and other improvements and constructing and reconstruct- ing site improvements and public facilities; and WHEREAS, the Urban Renewal Plan provides for the sale of cer- tain land for redevelopment by private developers; and Adjourned Special Session June 9, 1970 235 WHEREAS, the Fixed -Price Com- petition method permits the sale of land on criteria and factors other than price and in the best interests of the Urban Renewal Project and the City of Dubuque, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the documents pertaining to a proposed Fixed. Price Competition offering of cer. tain parcels of real estate set forth in such documents, a copy of which documents are made a part here- of and filed of record in the Office of the City Clerk, as they may be revised as necessary to comply with the requirements of the De- partment of Housing and Urban Development, are hereby approved. SECTION 2. That the Fixed -Price Competition Method of offering certain land for sale for redevelop- ment by private developers is the appropriate method of making the land available for redevelopment. SECTION 3. That the price for the disposal of each parcel includ- ed in the proposed offering has been determined to be not less than the fair price for the land for uses in accordance with the Urban Renewal Plan and said prices are hereby approved. SECTION 4. That the City Mana- ger and the Director of Urban Re. newal be and are hereby authoriz- ed and directed to proceed with the proposed disposal of the par- cels set forth in the attached docu- ments in accordance with the pro- posed disposal procedure and all other applicable requirements. SECTION S. That the City Clerk be and he is hereby authorized and directed to publish "Invitation for Proposals" for the sale of cer. tain parcels of real estate, in the form of Exhibit "A" attached here- to and made a part hereof. Passed, approved and adopted this 9th day of June, 1970. Gaylord M. Couchman Mayor Wayne A. Moldenhauer Joseph J. Bitter Attest: Councilmen Leo F. Frommelt City Clerk INVITATION FOR PROPOSALS The City of Dubuque, Iowa, in- vites proposals for the purchase and redevelopMOnt of property In the Downtown Urban Renew. al Project, Iowa R-15. The par. cels of land available for sale are located on the Southeast corner of Ninth and Main Streets and on the Northeast, Southeast and Southwest corners of Seventh and Main Streets. The parcels are identified as follows.- Parcel ollows; Parcel Approximate No. Square Feet use 6.8 7,232 Central Business District 6-9 11,132 Central Business District 7-7 7,832 Central Business District 8.4 11,628 Central Business District 8.6 11,628 Central Business District Full information, instructions and bid documents needed to prepare proposals may be obtained by de- positing $10.00 with the Depart- ment of Urban Renewal, Suite 10-B, Fischer Building, Dubuque, Iowa, for each set of Documents. Each such deposit shall be refunded if the Documents are returned in good condition within 30 days af- ter bid opening. All proposals must be received at the office of the City Clerk, City Hall, 18th Street and Central Ave- nue, Dubuque, Iowa, no later than 10:00 A.M. CDST on July 31, 1970, at which time all bids will be pub- licly opened and read in Council Chambers. Each proposal must be accom- panied by a good faith deposit in the form of a certified check or bank draft payable to the City of Dubuque, or a satisfactory bid bond, in an amount equal to 10% of the amount of the offer. Additional information concern- ing the City of Dubuque's Land Marketing Program for the Urban Renewal Project may be obtained from Gent M. Wittenberg. Director of Urban Renewal. Leo F. Frommelt City Clerk 2t. 6.30, 7.7 Councilman Moldenhauer moved adoption of the resolution. Second- 236 Adjourned Special Session June 9, 1970 ed by Presiding Officer Pro tem Couchman. Carried by the follow- ing vote: Presiding Officer Pro T e m Couchman, Councilmen Bitter, Mol- denhauer. Nays — None. Absent — Mayor Meyers, Coun- cilman Pregler. RESOLUTION NO. 165.70 Declaring intent to exempt cer- tain real estate from acquisition in the Downtown Urban Renew- al Project Iowa R-15. 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, under date of May 18, 1967, the Council of the City of Dubuque, after a Public Hearing, duly adopted an Urban Renewal Plan for said Project and which Urban Renewal Plan is on file in the Office of the City Clerk and is recorded in the Office of the Recorde- of Dubuque County, Iowa, in Book 295 of Mortgages, Pages 235 and 259; and WHEREAS, the said Urban Re- newal Plan provides that proper- ties designated for acquisition and which are not otherwise necessary to accomplish the objectives of the said Urban Renewal Plan may be exempted from acquisition by the City of Dubuque if the owner or owners enter into suitable agree- ments with the City of Dubuque demonstrating conclusively that the proposed redevelopment of such properties shall conform in all respects with the Urban Renew- al Plan; and WHEREAS, there is presently pending in the District Court of Iowa, in and for Dubuque County, a proceeding by the City of Du- buque to acquire from the owner of record, Charles Joseph Murphy, Executor of the Estate of Clem L. McGuire, deceased real estate de- scribed as the Easterly 25 feet of Lot 752 and the Easterly 25 feet of the Southerly 54 feet 1 inch of Lot 753 in the City of Dubuque, Iowa, (Parcel 9-4); and WHEREAS, the First National Bank of Dubuque, Iowa, has pro- posed to purchase said real estate from the present owner of record and to enter into a suitable agree- ment with the City of Dubuque to redevelop said real estate in con- formance with the provisions of the said Urban Renewal Plan; now therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City of Du- buque hereby declares its intent to exempt the real estate herein- before legally described from ac- quisition for the Downtown Urban Renewal Project, Iowa R-15, on con- dition and only on condition that the First National Bank of Du- buque, Iowa, acquires said real es- tate and enters into a suitable agreement with the City of Du- buque for the redevelopment of said real estate in accordance with the provisions of the approved Ur- ban Renewal Plan. Section 2. That the said agree- ment to be executed by and be- tween the City of Dubuque and the First National Bank of Dubuque, Iowa, shall provide among other things, A. That the First National Bank of Dubuque, Iowa, shall provide the City of Dubuque through its Department of Urban Renewal with written assurance that the present owner of record will join in with the City of Dubuque to dismiss the previously described legal proceed- ings and with a narrative descrip- tion and plan for the redevelop- ment of said real estate within six weeks hereafter. B. That. the First National Bank of Dubuque, Iowa, shall immediat- ely enter into an agreement to pur- chase said real estate from the present owner of record, and shall consummate the sale as promptly as possible thereafter. C. That the City of Dubuque through its Department of Urban Renewal shall render relocation as- sistance to the present occupant of said real estate in accordance with the provisions of the Housing Act of 1949, as amended; however, the City of Dubuque shall be under no obligation to reimburse or pay on behalf of the present occupant any relocation payment until the real estate has been acquired by the First National Bank of Dubuque, Iowa, and the required agreement executed. D. That the City of Dubuque through its Department of Urban Adjourned Special Session June 9, 1970 Z,37 Renewal shall further demolish the improvements, fill excavated por- tions of the real estate with suit- able materials and join in with the present owner of record to dismiss the pending legal proceedings in the District Court of Iowa, in and for Dubuque County. Passed, approved and adopted this 9th day of June, 1970. Gaylord M. Couchman Presiding Officer Pro Tem Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Presiding Officer Pro Tem Couchman. Carried by the follow- ing vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen Bitter, Moldenhauer. Nays — None. Absent — Mayor Meyers, Coun- cilman Pregler. RESOLUTION NO. 166-70 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. Vincent Conrad, Kennedy Mall, (Effective June 8, 1910). Marshall R. Birch, 62 Locust Street William Baker, 1064 University Avenue Carl A. Brant, 2600 Central Avenue Florence E. Chalder, 113 Main Street Canfield Hotel, Inc., 36 West 4th Street Ralph J. Cremer, 731 Rhomberg Avenue Dubuque Packing Co. Retail Store, 16th & Sycamore Earl G. Corbett, 408 West Locust Street Dubuque Golf & Country Club, 1800 Randall Place Laverne Felderman, 1889 Jackson Street Fischer Bowling Lanes Club, 880 Locust Street Great Atlantic & Pacific Tea Com- pany, 1101 Central Avenue Great Atlantic & Pacific Tea Com- pany, 2685 Dodge Street Dorothy R. Hentges, 2412 Central Avenue John F. Hall, 2616 Windsor Avenue ,John J. Heiderscheit, 1278 Central Avenue George R. Hunt, 229 West 8th Street Wayne Johnston, 255 Locust Street Holiday Oil Distr., Inc., 1401 Cen- tral Avenue Holiday Oil Distr., Inc., 400 Rhom- berg Avenue holiday Oil Distr., Inc., 605 Dodge Street ,John J. Ludescher, 1897 Clarke Drive William J. Lynn, 424 West Locust Street Lucky Stores, Inc., 1800 Elm Street Lucky Stores, Inc., 3033 Asbury Street May's Drug Store, 3049 Central Avenue Howard F. McCauley, 2195 Central Avenue A. Y. McDonald Mfg. Co., 12th & Pine Street Gerald E. Miller, 2417 Rhomberg Avenue Vincent W. Mescher & John F. Tench, 1233 Rhomberg Avenue Kermit Meyers, 336 Main Street John E. Noel, 2400 Central Avenue Nabors of Iowa, 1290 Elm Street Office Grill, 7-B Fischer Building Richard O'Hara, 70 Locust Street Thomas Oeschger, 815 West 5th Street Palmer Drugs, 2600 Dodge Street Plaza 20 Minnie R. Radloff, 1375 Brown Avenue Mathias A. Schneller, 2372 Central Avenue L. G. Schaffert, 1900 Washington Street Allen E. Tressel, 2528 Central Avenue Mrs. A. J. (Marita) Trapp, 1266 Central Avenue Thompson's Food Markets, Inc., 250 West 1st Street Thompson's Food Markets, Inc., 744 Main Street Thompson's Food Markets, Inc., 3301 Pennsylvania Avenue Thompson's Food Markets, Inc., 3003 Asbury Street Thompson's Food Markets, Inc., 805 West 5th Street Thompson's Food Markets, Inc., 51 West 32nd Street 238 Adjourned Special Session June 9, 1970 Doris J. Tigges, 2776 Jackson Street Wareco Systems of Iowa, 700 Rhomberg Avenue Warehouse Market, J. F. Kennedy Road Eva Lee Weiner, 1101 White Street Merchants Hotel, 304 Main Street Super 20 Drive In Theatre, 75 J. F. Kennedy Road National Tea Company, Kennedy Mall, J. F. Kennedy Road (Transfer effective June 23, 1970 from 1313 Dodge Street) BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 9th day of June, 1970. Gaylord M. Couchman Presiding Officer Pro Tem Wayne A. Moldenhauer 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 — Presiding Officer Pro Tem Couchman, Councilmen Bitter, Moldenhauer. Nays — None. Absent — Mayor Meyers, Coun- cilman Pregler. RESOLUTION NO. 167-70 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 Phillip Robert Love, 1701 Central Avenue CLASS "C" BEER PERMIT National Tea Company. (Transfer effective June 23, 1970 from 1313 Dodge Street), Kennedy Mall J. F. Kennedy Road Passed, adopted and approved this 9th day of June, 1970. Gaylord M. Couchman Presiding Officer Pro Tem Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen Bit- ter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Pregler. RESOLUTION NO. 168-70 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 _ind 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 Phillip Robert Love, 1701 Central Avenue CLASS "C" BEER PERMIT National Tea Company. (Transfer effective June 23, 1970 from 1313 Dodge Street), Kennedy Mall J. F. Kennedy Road 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 9th day of June, 1970. Gaylord M. Couchman Presiding Officer Pro Tem Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Councilman Bitter. Car- ried by the following vote: Adjourned Special Session June 9, 1970 2339 Yeas — Presiding Officer Pro Tem Couchman, Councilmen Bit- ter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Pregler. RESOLUTION NO. 169.70 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 t h e following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT—CHAPTER 123—as amended h-- the 60th General Assembly, an CLASS "C" COMMERCIAL ESTABLISHMENT Joseph L. Diener, 31.35 South Locust Street Phillip Robert Love, 1701 Central Avenue Fischer Bowling Lanes Club, 880 Locust Street Denise O'Neill, 55 Locust Street Passed, adopted and approved this 9th day of June, 1970. Gaylord M. Couchman Presiding Officer Pro Tem Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Presiding Officer Pro Tem Couchman, Councilmen Bit- ter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Council- man Pregler. RESOLUTION NO. 170.70 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 Cit 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 issu to the following named applica a Liquor permit. CLASS "C" COMMERCIAL ESTABLISHMENT Joseph L. Diener, 31.35 Sou Locust Street Phillip Robert Love, 1701 Cent Avenue Fischer Bowling Lanes Club, 8 Locust Street Denise O'Neill, 55 Locust Street Passed, adopted and approv this 9th day of June, 1970. Gaylord M. Couchma Presiding Officer Pro Tem Wayne A. Moldenhau Joseph J. Bitter ed nts th ral 80 ed n er Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer adoption of the resolution. onded by Councilman Bitter. ried by the following vote: Yeas — Presiding Officer Tem Couchman, Councilmen ter, Moldenhauer. Nays—None. Absent—Mayor Meyers, Co men Pregler. There being no further bu Presiding Officer Pro Tem C man moved to adjourn. Seco by Councilman Bitter. Carrie the following vote: Yeas—Presiding Officer Pro Couchman, Councilmen Moldenhauer. Nays—None. Absent—Mayor Meyers, Co man Pregler. Leo F. Frommelt City Clerk moved Sec- Car - Pro Bit- uncil- siness ouch- nded d by Tem Bitter, uncil- Approved September 2970 Adopted P.tember 28 1970 .................... City Clerk 240 Special Session, June 15, 1970 CITY COUNCIL. OFFICIAL Special Session June 15, 1970. Council met at 7:30 p.m. Central Daylight Time. Present — Councilmen Bitter, Couchman, Moldenhauer, Pregler. City Manager Gilbert D. Chaven- elle. Absent—Mayor Meyers (out of city). Councilman Couchman moved that Councilman Pregler be elect- ed to serve as Presiding Officer Pro Tem of the meeting in the ab- sence of Mayor Meyers. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Councilmen Bitter, Couch- man, Pregler. Nays—None. Absent—Mayor Meyers. Presiding Officer Pro Tem Preg. ler read the call and stated that service thereof had been duly made and this meeting is called to CON. SIDER APPROVAL OF FINAL ESTIMATE AND SET DATE OF LEVY OF ASSESSMENTS FOR CONSTRUCTION OF CITY OF DU. BUQUE 1969 CONCRETE CURB & GUTTER PROJECT NO. 1, and act- ing upon such other business as may properly come before a regu- lar meeting of the City Council. June 11, 1970 To the Honorable Mayor and City Council I am enclosing a copy of a letter dated June 11th requesting the use of Jackson Park. I granted permission on June 11th, informed the Park Board, and requested their concurrence. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the communication be received and filed and the action of the Manager be approved. Seconded by Presid- ing Officer Pro Tem Pregler. Car- ried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couchman, Moldenhauer. Absent—Mayor Meyers. June 12, 1970 To the Honorable Mayor and City Council I am returning to you the peti. tion of petitioners requesting that wrecked cars be removed from property at 240 Southern. On June 11th members of the po- lice department noted that the cars had been removed. I have been in- formed that the person who put the vehicles on the 240 Southern location removed them. Respectfully, Gilbert D. Chavenelle City Manager Presiding Officer Pro Tem Preg- ler moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couch- man, Moldenhauer. Nays—None. Absent—Mayor Meyers. June 11, 1970 To the Honorable Mayor and City Council I am enclosing a copy of a certi- fied audit report of the Parking Funds for 1969. The non -recording of validation stamps, commented on in the re- port, has been corrected. Respectfully, Gilbert D. Chavenelle City Manager 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, Couch- man, Moldenhauer. Nays—None. Absent—Mayor Meyers. June 12, 1970 To the Honorable Mayor and Members of the City Council. This is to advise that I have ap. proved the following policies and bonds and desire to have your ap- proval on same. General Liability. Tsehiggfrie Excavating et al, Bi- tuminous Casualty Corp. Adrian Swift d/b/a Swift Plumb- ing & Heating, Ohio Casualty In- surance Co. Merlin Goerdt d/b/a Goerdt Con. struction Co., Hartford Insurance Group Fondell & Sons Inc., Bituminous Casualty Corp. Fischer & Company Inc. et al, Bi- tuminous Casualty Corp. Special Session, June 15, 1970 241 Dubuque Sertoma Club (industrial Island), American States Insurance SIDEWALK BONDS. Carl Blosch, Merchants Mutual Bonding Co. Fischer Investment Co., Hawkeye- Security Insurance Co. Respectfully submitted, Gilbert D. Chavenelle City Manager. Presiding Officer Pro Tem Preg- ler moved that the policies and bonds be filed subject to approval of the City Attorney. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couch- man, Moldenhauer. Nays—None. Absent—Mayor Meyers. ORDINANCE NO. 31-70 An Ordinance amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa", as amended, by repealing sub- section b. of Section 3 of Sched- ule I thereof to provide that ve. hiies shall no longer travel west- bound on East Ninth Street from White Street to Central Avenue, 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—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couch- man, Moldenhauer. Nays—None. Absent—Mayor Meyers. 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—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couch- man, Moldenhauer. Nays—None. Absent—Mayor Meyers. ORDINANCE NO. 31.70 7RDINANCE AMENDING O AS :FICO CODE KOFWNDUBU( AS AMENDEDBY REPT UBSECTION b. OFA SECTION )ULE I THEREOF TO PRO\ IE IT ORDAINED IL OF THE CITY section 1. That Ordinance No. 3349 known as the "Traffic Code of Dubuque, Iowa" as amended be and the same Is hereby amended by repealing Subsec. tloPna b f pproveed3and adopted this 15th day of June t 1970. Waller A. Pregler Presiding Officer Pro Tem Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter omen ATTEST: Leo FnFrommelt City Clerk Published lhnthe1u Herald New paperrtisl9dayof 1970. 1f. 6/19 Leo F. Frommelt City Clerk, Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Couchman. Car. ried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couch- man, Moldenhauer, Nays—None. Absent—Mayor Meyers. ORDINANCE NO. 32-70 An Ordinance amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa", as amended, by repealing Sub. section d. to Section 2 of Sched. ule 1 and by enacting a new Sub- section d. to Section 2 of Sched- ule I in lieu thereof to provide that traffic shall move Southerly only on Main Street from Loras Boulevard to West Ninth Street and from West Sixth Street to West Fourth Street, 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—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couch- man, Moldenhauer. Nays—None. Absent—Mayor Meyers. Councilman Bitter moved that the rale requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couch- man, Moldenhauer. Nays—None. Absent—Mayor Meyers. Special Session, June 15, 1970 NOW THEREFORE BE IT ORDAIN- ED IOFTHE DUBUQUE IOWAIL OF THE Section 1. The Ordlnance No. 33.49 known as the Traffic Code of Dubuque. Iowa"as amended be and the same Is hereby emended Dy repealing Subsec- tion d. of Section 2 of Schedule I and by enacting a new Subsection d. of Section 2 of Schedule 1 in lieu thereof as fol. I move southerly only: i Street from Lore$ to West Ninth Street West Sizth Street to th Street. d and adopted this 15th day of June, 1970. Walier A. Pregler Presiding Officer Pro Tem Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen ATT T: Leo . Frommelt City Clerk Published offically in The Telegraph - Herald Newspaper this 19th day of June 1970. Leo F. Frommelt City Clerk. it. 6/19 Councilman Bitter moved final adoption of the Ordinance. Second. ed by Councilman Couchman. Car. ried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couch- man, Moldenhauer. Nays—None. Absent—Mayor Meyers. ORDINANCE NO. 33.70 An Ordinance amending Ordi. nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Sub. section a. of Section 4, of Sched- ule I thereof and enacting a new Subsection a. to Section 4 of Schedule I in lieu thereof to re- quire traffic to move Easterly only on Eighth Avenue from Hill Street to Locust Street, and en- acting a new Subsection d. to Sec- tion 4 of Schedule 1 to require traffic to move Easterly only on East Ninth Street from Central Avenue to White Street and en. acting a new Subsection e, to Sec. tion 4 of Schedule I to require traffic to move Easterly on West Ninth Street from Locust Street to Central Avenue. 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—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couch. man, Moldenhauer. Nays --None. Absent—Mayor Meyers. 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—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couch. man, Moldenhauer. Nays—None. Absent—Mayor Meyers. AN A NEW UI N C TV OFIDUBUQUE COHI= LI`Iy OWA L OF THE Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same is hereby amended by repealing subsection a. of Section 4 of Schedule I thereof and enacting a new subsection a. to Section 4 of Schedule 1 in lieu thereof as follows: Schedule I. 4. Traffic shall move easterly only a. on Eighth Avenue from Hill Street to Lccust Street. section s. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same Is hereby amended by enacting a new Sub- section d. and a new Subsection e. to Section 4 of Scnedule I thereof as follows: Schedule I. 4. Traffic shall move easterly only: d. On East Ninth Street from Cen- tral Avenue to White Street. e. On West Ninth Street from Lo- cust Street to Central Avenue. Passed, approved and adopted this 15th day of June, 1970. Walter A. Pregler Presiding Officer Pro Tam Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published offically In The Telegraph - Herald Newspaper this 19th day of June 1970. Leo F. Frommelt City Clerk. 11. 6/19 Councilman Bitter moved final adoption of the Ordinance. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couch- man, Moldenhauer. Nays—None. Absent—Mayor Meyers. ORDINANCE NO. 34.70 An Ordinance amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Sub- section c. of Section 3 of Sched- ule I thereof and enacting a new Subsection c. to Section 3 of Special Session, June 15, 1970 243 Schedule 1 in lieu thereof to re- quire traffic to move Westerly only on West Ninth Street from Locust Street to its Westerly Terminus and enacting a new Subsection d. to Section 3 of Schedule I to require traffic to move Westerly on East Tenth Street from White Street to Cen- tral Avenue and enacting a new Subsection e. to Section 3 of Schedule 1 to require traffic to move Westerly on West Tenth Street from Central Avenue to Bluff Street, 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—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couch. man, Moldenhauer. Nays—None. Absent—Mayor Meyers. 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 following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couch- man, Moldenhauer. Nays—None. Absent—Mayor Meyers. ORDINANCE No 34-70 DINANCE AMENDING ORD No 3349 KNOWN AS TH IC CODE OF DUBUQUE, IOWA ROML ERLY H TO EDVBY THE CFITY COUNCIL OFDTHE CITY OF DUBUQUE, IOWA: 154010111. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same Is hereby amended by repealing subsection c of Sectl, n 3 of Schedule 1 and enact. Ing a new subsection c. to Section 3 of Schedule I In lieu thereof as follows: Schedule 1. 3. Traffic shall move westerly only: c. On West Ninth Street from Lo- cust Street to Its westerly ter- imm section 2, That Ordinance No, 33.49 knrwn as the 'Traffic Code of Dubuque, h ebv Amended, and eewamddby enacting anSub section d. and a new Subsection e. to Section 3 of Schedule I thereof as follows: Schedule 1. 3 Traffic shall move westerly only: d. On East Tenth Street from White Street e. OnWst Tenth Street from Car, Passed1ral approveCeand adopted this 15th day of June, 1970. Walter A. Pregler Presiding i Offcer Pro Tem Wayne A Modenhauer Gaylord M. Couchman Joseph J. Bitter ATTEST: Councilmen Leo F. Frommelt City Clerk Published offically In The Telegraph - Herald Newspaper this 19th day of June 1970. Leo F. Frommelt 11. 6/19 City Clerk. Councilman Bitter moved final adoption of the Ordinance. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, councilmen Bitter, Couch- man, Moldenhauer. Nays—None. Absent—Mayor Meyers. ORDINANCE NO. 35.70 An Ordinance vacating the un - vacated portion of Sycamore Street situated North of the North side of 16th Street running Northerly to the South side of the vacated portion of East 19th Street and authorizing publica- tion of Notice of Intent to dispose of interest to the Dubuque Pack- ing Co. presented and read. Councilman Couchman moved that the reading 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 Tem Pregler, Councilmen Bitter, Couch- man, Moldenhauer. Nays—None. Absent—Mayor Meyers. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Pre- siding Officer Pro Tem Pregler. Councilmen Bitter, Couchman, Moldenhauer. Nays—None. Absent—Mayor Meyers. ORDINANCE NO. 3570 WHEREAS, Dubuque Packing Company, an Iowa corporation, has petitioned the City Council of the City of Dubuque, Iowa that that portion of Sycamore Street lying brtween 16th and 19th Streets In the City of Dubuque Iowa, and hereinafter further described, ite vacated and a conveyance thereof be made to the Dubuque Packing Company, and WHEREAS, the Planning and Zoning Commission has approved the vacation and conveyance of that portion of Syca- more Street as above set out to Dubuque Packing Company subiect to the City of 244 Special Session, June 15, 1970 Dubuque retaining perpetual easements for all Public utilities located therein for the repair and maintenance of all said U lnd es sgforrsuchthrevairtsand Ingre 's mainte- nance . NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That that Portion of Syca- more Street lying between 16th and 19th Streets In the City of Dubuque, Iowa and described as: The unvaca ted Portion of Sycamore Street situated north of the north side of 16th Street running northerly to the South of East 191ha Street of e IntheCityro fnDu. buque, Iowa be and the same Is hereby vacated. Section 2. That the conveyance of said n of Sycamore Street as scribed to Dubuque Packing ect to Perpetual easement Dubuque, Iowa for all Pub- :ated therein for the loca- snd maintenance of said and for the right of ingress such repair and mainte- ppurchase Price of $100.00 ublication be and the same Section J.'fhat the City Clerk be and he is hereby authorized and directed to publish notice of Intent to dispose of in- terest in real estate as Is by law re- quired. Section 4. That the City Clerk be and he Is hereby authorized and directed to file a certified COPY of this Ordinance with the Dubuque County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 15" day of June, 1970. Walter A. Pregler Presiding Officer Pro Tem Wayne A. Moldenhauer Joseph J. Bitter Gaylord M. Couchman Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In the Telegraph - Herald Newspaper this 26th day of June, 1970. Leo F. Frommelt City Clerk 1 1. 6-26 Councilman Bitter moved final adoption of the Ordinance and that a public hearing be held on the proposed sale of the unvacated portion of Sycamore street on July 20, 1970, at 7:30 o'clock p.m. Cen- tral Daylight Time, in the Council Chamber and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Presiding Officer Pro Tem Pregler, Councilmen Bit- ter, Couchman, Moldenhauer. Nays—None. Absent—Mayor Meyers. Petition of River Valley Com- munity Action Agency requesting a cash pledge of $5000 during the 1970.71 year and also requesting a meeting with the Council, present- ed and read. Presiding Officer Pro Tem Pregler moved that the peti- tion be referred to the Manager to be considered at budget time. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couch- man, Moldenhauer. Nays—None. Absent—Mayor Meyers. May 26, 1970 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1969 Concrete Curb and Gutter Project No. 1 has been completed in accordance with the City of Dubuque plans and specifications. I, therefore, recommend the ac- ceptance of the above named pro- ject. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Couchman moved approval of the recommendation. Seconded by Presiding Officer Pro Tem Pregler. Carried by the fol. lowing vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couch- man, Moldenhauer. Nays—None. Absent—Mayor Meyers. FINAL ESTIMATE Resolution No. 171-70 WHEREAS, the contract for the CITY OF DUBUQUE 1969 CONCRETE CURB AND GUTTER PROJECT NO. 1 have 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 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 $47,012.60. That $15,482.09 of the cost there- of shall be assessable upon private property and $31,530.51 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 15th day of June 1970. Walter A. Pregler Presiding Officer Pro Tem 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 Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Special Session, June 15, 1970 2,15 Tem Pregler, Councilmen Bitter, Couchman, Moldenhauer. Nays—None. Absent—Mayor Meyers. (A Resolution Accepting Improve - men and Directing the Clerk to Publish Notice.) RESOLUTION No. 17270 WHEREAS, the contract for the CITY OF DUBUQUE 1969 CON- CRETE CURB AND GUTTER PRO- JECT NO. 1 1. Pennsylvania Avenue from W.P.L. Key Knolls Sub. to W.P.L. of Lot 2.1-E'f2 SWY4 Sec. 21. T. 89 N. R. 2E 5 P. M. 2. Perry Street from the alley west of Grandview Ave. to E.P.L. of Rider Street. 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 erms of the contract, plans and specifications and recom- mends it acceptance, now there- fore, 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 sub- ject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the no- tice 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 re- alized from the sale of street im- provement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percen- tage provided for therein. Passed, adopted and approved this 15th day of June, 1970. Walter A. Pregler Presiding Officer Pro Tem Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Attest: Councilmen Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second. ed by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Crouchman, Moldenhauer. Nays — None. Absent — Mayor Meyers. RESOLUTION No, 173-70 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 Cigarettes and Cigarette papers within the City of Dubuque, Iowa be granted a permit to sell Cigarettes and Ci- garette papers within said City. Ramona Fettgather, 1103 Iowa Street, Lorraine Gordon, 2327 Central Avenue, Francis F. & John G. George, 1481 Dodge Street, Carl Hirsch, 600 Central Avenue, Iowa Commission for the Blind, Post Office Vending Stand, Donald Kies, 2620 Uni- versity Avenue, Leonette Mc- Laughlin, 2222 Central Avenue, Stuart Matts, 914 Dodge Street, Shirley Mihalakis, 574 East 16th Street, Albert J. Ney, 1842 Cen- tral Avenue, National Tea Com- pany, Kennedy Mall, National Tea Company, 2013 Central Ave- nue, Joseph Polfer, 2672 Dodge Street, R.S. Ruegnitz, 629 Rhom. berg Avenue, Frank Schwind, 2297 University Avenue, Law- rence & Ethel Schwartz 500 Rhomberg Avenue, Walsh Stores, 1301 Central Avenue, Martin & Esther Westerfield, 2175 Central Avenue, Martin & Esther Wester- field, 280 Locust Street, Thomas Andresen, 1080 University Ave- nue, Herbert E. Althaus, 1575 Central Avenue, Don Arthofer, 532 Fast 22nd Street, Ed Bailey, 1298 Main Street, John Burg- maier, 2401 Windsor Avenue, Jo- seph Bell, 263 Main Street, Clark Super 100, 1005 Dodge Street, Dubuque Marina, New City Har- bor, D.A.V. Club, 2600 Dodge Street Plaza 20, Joseph Diener, 31 Locust Street, Elks Club, 7th & Locust Street, Don. Erne & Lee Fuller, 535 Hill Street, Cy- ril J. Fries, 201 East 22nd Street, Harry Gantert, 1301 Rhomberg Avenue, Marco Giunta 2022 Cen. tral Avenue, Charles Golinvaux, 248 Special Session, June 15, 1970 2323 Central Avenue, Laverne Hennen, Asbury & Kennedy Road, Virginia Hos, 241 Main Street, Joyce Healy, 205 Locust Street, Arsenius Hanson, 107 Lo- cust Street, John Henry, 1646 Asbury Street, William Hancock, 2205 Carter Road, Clara L. John- son, 1543 Central Avenue, Ro- bert Kehl, 62 Locust Street, Eu- gene L. Kopp, 951 Main Street, Francis T. Kohl, 1700 Central Avenue, Catherine Lester, 1322 Central Avenue, Thomas Luk- setich, 1646 Asbury Street, Jean- ann Majerus, 253 Main Street. Nelson Norwood, Sr., Bunker Hill Golf Course, Osco Drugs, Inc., 703 Main Street, Denise O'Neill, 55 Locust Street, Robert Potter, 285 Locust Street, Richard J. Ring, 115 West 11th Street, John S. Siefker, 1081 University Ave- nue, George Sorensen, 1105 Uni- versity Avenue, John Steffen, 690 Locust Street, Donald Sands, 2364 Washington Street, Ray. mond Tschiggfrie, 1190 Dodge Street, Walgreen Co., 555 J. F. Kennedy Road. BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 15th day of June, 1970. Walter A. Pregler Presiding Officer Pro Tem Wayne A. Moldenhauer Gaylord M. Couchman ,4oseph J. Bitter. Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Presiding Officer Pro Tem. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couchman, Moldenhauer. Nays — None. Absent — Mayor Meyers. RESOLUTION No. 174.70 WHEREAS, applications for Li- quor 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 Aristo Foods of Iowa, 1111 Dodge Street, Donald M. Love, 250 West 6th Street, Carl N. Brant, 2600 Central Avenue, Dorothy M. Olsen, 1097 Jackson Street, Lorraine Gordon, 2327 Central Avenue. Passed, adopted and approved this 15th day of June, 1970. Mrs. Marian J. Bridge, 2038 Cen. tral Avenue Mrs. Josephine Burke, 531 Main Street Patrick Chew, 665 Dodge Street Vincent Conrad, Kennedy Mall Eagles Club, 6th & Locust Street Mrs. Adele Fens, 210 West 1st Street John R. Hirsch, 206 West 3rd Street Anthony A. Helling, 701 Dodge Street John F. Glynn, 760 East 16th Street K -Mart, 2600 Dodge Street Plaza 20 Loras College, 1450 Alta Vista Thelma Lenstra, 410 West 8th Street Thomas Lindecker, Asbury & J. F. Kennedy Road Lois M. Morarend, 700 East 16th Street Walter A. Pregler Presiding Officer Pro Tem 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 Presiding Officer Pro Tem. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couchman, Moldenhauer. Nays — None. Absent — Mayor Meyers. RESOLUTION No. 17S•70 WHEREAS, applications for Li- quor 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 or- dinances relevant thereto and they have filed proper bonds; Special Session, June 15, 1970 247 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 Aristo Foods of Iowa, 1111 Dodge Street, Donald M. Love, 250 West 6th Street, Carl N. Brant, 2600 Central Avenue, Dorothy M. Olson, 1097 Jackson Street, Lorraine Gordon, 2327 Central Avenue. Passed, adopted and approved this 15th day of June, 1970. Walter A. Pregler Presiding Officer Pro Tem 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 Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couchman, Moldenhauer. Nays — None. Absent — Mayor Meyers. Councilman Moldenhauer moved that the rules be suspended in or- der to let anyone present address the Council if they so desire. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couchman, Moldenhauer. Nays — None. Absent — Mayor Meyers. The Molo interests were press- ing for a decision as to their loca. tion status in the Urban Renewal area at 5th & Locust Street. Mr. Wayne A. Norman explained just how far the survey of the possible use of the Orpheum Theatre as a public use facility has progressed. At some point the City should have a civic facility which will be available to all city groups. The income realized will be a plumb to the community. Attorney Francis J. O'Connor representing the Molo interests stated that his client is not against the center. If the civic center is municipally owned the City will have to finance it. It will take a lot of civic money. In the alley between Main & Locust are many public utilities which would take considerable money if they have to be relocated. The Molo people would like to stay where they are at present and expand, or as a second choice would move across the street at 5th and Locust in the block to the north of their present site. Presiding Officer Pro Tem Preg- ler moved that the Director of Urban Renewal prepare necessary documents to facilitate Molo Oil Co. in its option on service station sites on alternate locations on Lo- cust Street at 5th to be conveyed by September 15th. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couchman, Moldenhauer. Nays — None. Absent — Mayor Meyers. Petition of Lee Massey et al (3M signatures) requesting the enact- ment and enforcement of laws and ordinances to bring under control the conduct and operational pro- cedures at the Crossroads coffee house, presented and read. Mr. Bob Justman stated that the Crossroads is a good idea and must be retained, however they should be made to conform to the City laws and ordinances. He was an original board member of Crossroads when it was organized four years ago. Lee Massey stated that citizens are afraid to go to the Crossroads because of what is go- ing on down there. Mr. Del Win- ner complained of the lounging and loafing on the steps of his of- fice next door to the Crossroads. He cannot operate his business successfully. Arthur Stanley and Dan Green frequenters of the Crossroads, and members of the Board of Directors, stated that they are trying to operate within the law. When the former Manager of the Crossroads left town it was de- cided by the frequenters that they would like to have a sense of re- sponsibility There Is no dope or beer allowed. Rules are imposed only when it becomes necessary. They are trying to provide help for runaways and drug users through doctors and other professional peo- ple. Mr. Ray Taylor objected to the 248 Special Session, June 15, 1970 lack of enforcement of ordinances in the area of the Crossroads. Presiding Officer Pro Tem Preg- ler moved that the petition rela- tive to the Crossroads be received and filed and referred to the Ma- nager to come back in two weeks with a report. Seconded by Council- man Couchman. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couchman. Nays — Councilman Molden- hauer. Absent — Mayor Meyers. There being no further business Presiding Officer Pro Tem Pregler moved to adjourn. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Presiding Officer Pro Tem Pregler, Councilmen Bitter, Couchman, Moldenhauer. Nays — None. Absent — Mayor Meyers. Leo F. Frommelt City Clerk Approved Sept ember 2f3 ...............1970 September 8Adopted 1970 01 ......,.,.....,,-... ..., r .......................... City Clerk Special Session, June 29, 1970 249 CITY COUNCIL OFFICIAL Special Session, June 29, 1970. Council met at 7:30 P.M., Cen- tral 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- DUCTING A PUBLIC HEARING ON A PROPOSAL TO DISPOSE OF CITY'S INTEREST IN "VA- CATED PROSPECT STREET" and acting upon such other business as may properly come before a regu- lar meeting of the City Council. June 26, 1970 To the Honorable Mayor and City Council I submit to you a report on the Crossroads by Assistant Manager Gearhart. I believe that the report shows that effective actions have been taken and that considerable work is being done developing pro- grams for our city which involves our younger citizens. We are prepared to make an oral presentation and Dr. Philip J. Levine Consultant on Drug Pro- gramming to Governor Ray, will be present to assist us in discuss- ing matters of drug control. Respectfully, Gilbert I). Chavenelle City Manager Mayor Meyers moved that the report be received and filed. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. Mayor Meyers moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. Dr. Peter Whitis stated that, the medical profession is aware of the medical and dental problems of the people at the Crossroads and they have agreed to cooperate. A volunteer nurse screens the young people in the hope of directing them to seek proper medical atten. tion. Mr. Robert Kramer from the Social Research Center of Uni. versity of Northern Iowa, repre- senting the Governor's office, stat- ed that a coordinator is to be ap- pointed by the State to help in the drug abuse problem. Mr. Kram- er stated that Dubuque is one of two communities, in the State that have done something worthwhile in the area of drug control and should be commended for it. A contact house such as crossroads is necessary to effectively work against drug abuse. It is a place where communication can be es- tablished with young people and frequenters of the place who other- wise could not be reached by auth- orities who are concerned with youth problems. He even recom- mended building or housing an- other place when the present cross- roads building is torn down be- cause of Urban Renewal. The re- mark was not met with favorable response from a certain segment of the audience. Mr. Robert Justman, one of the original petitioners, re- questing enforcement of ordinan- ces to control the Crossroads, was gratified by the action taken by the management of the City. Communication of Turnau Opera Co. indicating a hope of strength- ening the cause to save the old Majestic theatre (Orpheum), pre- sented and read. Councilman Preg- ler moved that the communication be received and filed and a copy to be mailed to Mr. Wayne Nor- man. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays -- None. Communication of Mr. Wm. Thul et ux of 2660 Queen Street indi- cating legal action if the situation at the Burden Avenue playground as to batting balls into their yard is not remedied, presented and read. Councilman Couchman mov- ed that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: I Yeas — Mayor Meyers, Council- 250 Special Session, June 29, 1970 men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. June 24, 1970 To the Honorable Mayor and City Council You have referred to the city manager, city solicitor and staff a May 6th letter from Mr. and Mrs. William Thul about baseballs be- ing batted from Burden Play- ground into the Thul yard. I am returning the petition to you. Also, a subsequent letter has been received, dated June 27th (received by City Clerk June 22nd) and will be presented at Council meeting June 29th. In order that you will know the situation to date, I make these comments: The Thul yard is 52 feet from an eight foot high chain link fence erected along the southerly side of the Burden playground. During supervised play periods, pick up softball is played by chil- dren from the neighborhood. Home plate is 255 feet from the chain link fence or 307 feet from the Thul property. During the supervised periods neighborhood children and young people play ball on the field. There are two sets of swings running parallel to the fence and occupy a space approximately 20 feet wide. Signs have just been posted pro- hibiting hard ball playing. By July 3rd the swings will be placed further out in the field and opposite the Thul yard. It is believed that moving equip- ment will lessen the chance of a foul tipped ball falling into the Thul yard. It is believed that post- ing the playground will decrease hard ball playing. It is believed that the eight foot high fence offers reasonable pro- tection for batted soft balls. City Solicitor Russo reports; "Re- laUg to the matter of a baseball field on Burden Avenue . . .. . I think you should know that some State Supreme Courts have held that a public baseball field in a residential neighborhood where baseballs or softballs are hit abut. ting private property have been enjoined as a nuisance." In spite of the legal implications of the situation, I do not recom. mend that softball be prohibited, nor that the city fence be increas. ed in height. I recommend no further action be taken than described above. I have written to Mr. and Mrs. Thul relating the contents of this letter and explaining that it will be presented to Council at the meeting of June 29th. Respectf ully, Gilbert D. Chavenelle City Manager Councilman Couchman moved that the recommendation of the City Manager be approved. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays — None. June 18, 1970 To the Honorable Mayor and City Council I herewith submit the monthly reports of the City Auditor, City Treasurer, Water Department and a list of claims for the month of May 1970. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved that the reports be received and filed. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of May 1970, presented and read. Councilman Pregler moved that the proof of publica- tion be received and filed. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. June 18, 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. Special Session, June 29, 1970 251 COMPREHENSIVE LIABILITY John C. Jones, American States In- surance Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of filing the policy subject to approval of the City Attorney. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. June 23, 1970 To the Honorable Mayor and City Council I am returning to you the peti- tion of Mrs. Raymond H. Kratz re- questing the purchase of a portion of an alley at the rear of 1516 Gar- field. Although the alley is unimproved it is necessary to keep the right- of-way in order to service a sewer line in the alley. I recommend the petition be de- nied. The City Clerk and I have called on the petitioner, explained why the alley should be kept open and have advised her of my rec- ommendation to the Council. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the Manager's recommen- dation. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler, Nays—None. June 15, 1970 To the Honorable Mayor and City Council A request has been made for a street light on Spring Green Court. It is recommended that a 175 watt mercury vapor light be erected. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved approv- al of the Manager's recommenda- tion. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. June 15, 1970 To the Honorable Mayor and City Council A request has been received for a street light in the area of 685 Kane Street. The electrical inspector has in- vestigated the situation and it is recommended that a 4000 lumen incandescent light be placed be- tween 689 and 687 Kane Street. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved ap- proval of the Manager's recommen- dation. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. June 15, 1970 To the Honorable Mayor and City Council I am returning to you a petition for leasing a small plot of city land by the owners of Clark Ser- vice Station. I am enclosing a letter from Mr. Gilson describing the situation and suggesting that the city land be not used. I recommend that the petition be denied. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved approval of the Manager's recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau. er, Pregler. Nays—None. June 15, 1970 To the Honorable Mayor and City Council I am returning to you the peti- tion requesting an inspection of the property at 706 Providence Street and a summary of the findings of the inspection which has been made. Please be informed that a 60 day notice will be served upon the owner to repair the building or vacate it. Respectfully, Gilbert D. Chavenelle City Manager 252 Special Session, June 29, 1970 Councilman Pregler moved that the communication be referred back to the Manager for further proceedings. Seconded by Council- man Couchman. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. June 17, 1970 Hon. Mayor and City Council On April 11, 1969, Lyle Dewey, of 2280 N. Grandview Avenue, this city, filed claim against the City of Dubuque, Iowa, claiming dam- ages against the city in the amount of $750.00, alleging said damages resulted as the result of his daugh- ter's falling on an icy sidewalk at 1927 University Avenue, this city, on February 13, 1969 and alleging that said fall resulted in the break- ing beyond repair a violin being carried by said daughter and in tier possession, as she was on her way to a violin lesson at the Uni- versity of Dubuque. I have conferred with the claim- ant and have made an investiga- tion of this matter and the said claimant has made written offer of settlement of his claim in the amount of $250.00. It is the rec- ommendation of the City Attorney that said offer of settlement be ac- cepted, and that the City Auditor be instructed to draw a warrant payable to Lyle Dewey in the amount of $250.00 and transmit same to the City Attorney for de- livery upon receipt of duly execut- ed release. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved ap- proval of the City Attorney's rec- ommendation. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. Communication of City Solicitor submitting an opinion on the rezon- ing request of Phillip Langas from Local Business "A" District Clas. sification to Local Business "B" District Classification on property located at 1105 Loras Blvd. The Council was informed that the at- torney representing Mr. Langas is out of the City and asked for a de- ferment of one week on the mat- ter. Councilman Pregler moved that the request be granted and a deferment be granted to the meetr ing of July 6, 1970. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas—Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. Notice of claim of Ronald J. Breitbach, in the amount of $40, for property damage incurred as the result of a backed -up sanitary sewer at his home at 3528 Keymeer Street on June 15, 1970. Mayor Meyers moved that the notice of claim be referred to the City At- torney for investigation and report. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. Notice of claim of Mrs. G. Young, in the amount of $15.45 as the re- sult of failure to complete final hookup to their sewer lateral on Kniest Street during construction of a sewer in the area, presented and read. Mayor Meyers moved that the notice of claim be referred to the City Attorney for investiga- tion and report. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to amend 'Zoning Ordi- nance No. 3-34 by repealing Subsec- tion 1 of Section 2 of Article IV thereof and enacting a new Subsec- tion 1 of Section 2 of Article IV in lieu thereof to specify the uses to which structures having historical and/or Architectural significance ►nay be put, 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 Councilman Couch- Special Session, June 29, 1970 253 man. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 2.8-70 An Ordinance Amending Ordin. anance No. 3.34 known as the Zoning Map and Zoning Ordinan- ce of the City of Dubuque, Iowa, by Repealing Subsection (1) of Section 2 of Article IV thereof and enacting a new subsection (1) to Section 2 of Article IV in lieu thereof, to specify the uses to which structures having his- torical and/or Architectural Sig. nificance be put, said Ordinance having been pre- viously presented and read at the Council meeting of June 1, 1970, presented for final adoption. ORDINANCE NO. 28.70 AN ORDINANCE AMENDING OR- DINANCE NO. 3.34 KNOWN AS THE "ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE IOWA" BY REPEAL- ING SUBSECTION (1) OF SECTION 2 OF ARTICLE IV THEREOF and ENACTING A NEW SUBSECTION (1) TO SECTION 2 OF ARTICLE IV IN LIEU THEREOF, TO SPEC- IFY THE USES TO WHICH STRUC. TURES HAVING HISTORICAL AND/OR ARCHITECTURAL SIG. NIFICANCE MAY BE PUT. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU'BUQU'E, IOWA: Section 1. That Ordinance No. 3.34 known as the "Zoningg Map and Zoning Ordinance of the C1ty of Dubuque, lowa" be and the same, is hereby amended by repealing Subsection (1) of Section 2, Article IV thereof and enacting a new Subsection (1), to Sec- tion 2 of Article IV thereof to provide as follows: ARTICLE IV Section 2. (1) "Structures having historical and/ or architectural significance, and described In subsection (h) here. of, may b special permit of the Board of Adjustment, be used for the following: Museums Tours Meeting Rooms Private Dinner Parties Restaurant, Cabarets Gift Shops Antique Shops City b que. Iowa,ouncil shall, ofthe pultv blicofh au.r- lng and consultation with civic groups, determine whether a structure has his- toric and/or architectural significance and by a proprlate resolution shall designate the site as such and s,td site shall be considered as commercial for the llmlted purpose of obtaining the required permits for the above listed uses." Section 2. That the foregoing Amend. thentP anninheretofore andZ(meen ing ae,ommission of the City of Dubuque, Iowa. Passed, approved and adopted this 29th day of June 1970. DONALD R. MEYERS WALTER A. rREGLER Mayor WAYNE A. MOLDENHAUER GAYLORD M. COUCHMAN JOSEPH J. BITTER ATTEST: Councilmen La o F. Frommelt City Clerk Iluo.ished officially in The Telegraph. Herald Newspaper this 2nd day of July 1970. Leo F. Frommelt 1t.7-2 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, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 36-70 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 block 10, Sunset Park Subdivi- sion No. 2 from "Single Family Residence District' classificia- tion to "Multiple Family Resi- dence District" classification, presented and read. Councilman Couchman moved 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, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. Councilman Couchman moved that the rale requiring an Ordin- ance to be read on three separate times be waived. Seconded by May- or Meyers. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau. er, Pregler. Nays—None. Councilman Couchman moved that a public hearing be held on the Ordinance on July 20, 1970, at 7:30 o'clock P.M. Central Daylight Time in the Council Chamber at the City liall and that the City Clerk be instructed to publish not- ice of the hearing in the manner required by law. Seconded by May- or Meyers. Carried by the follow- ing vote: 254 Special Session, June 29, 1970 Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays — None. ORDINANCE NO. 37.70 AN ORDINANCE AMENDING ORDINANCE NO. 33.49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMEND- ED, BY ADDING A NEW SUB- SECTION 21 TO SECTION A OF SCHEDULE III TO PROVIDE THAT EASTBOUND AND WESTBOUND VEHICLES MUST STOP BEFORE ENTERING THE INTERSECTION O F E V E R. GREEN AND KAREN( STREETS, presented and read. Councilman Bitter moved that the reading just had to be consider- ed the first reading of the Ordi- nance. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Councilman Bitter moved that the rule of requiring an ordinance to be read on three seperate days be waived. Seconded by Council- man Couchman. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. ORDINANCE NO. 37.70 AN ORDINANCE AMENDING OR- DINANCE NO. 3349 KNOWN AS THE 'TRAFFIC CODE OF DU- BUQUE IOWA" AS AMENDED BY ADDING A NEW SUBSECTION 21 TO SECTION A 07 SCHED- ULE III TO PROVIDE THAT EAST- BOUND AND WESTBOUND VE- HICLES M U S T STOP BEFORE ENTERING THE INTERSECTION GF EVERGREEN A N D KAREN STREETS. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL 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 adding a new Subsection 21 to Section A of Schedule J71 thereto as follows: Schedule III. A. Eastbound and westbound vehicles must stop before entering the Inter. section: 21. Evergreen and Karen Streets, Passed, approved and adopted this 29th day of June. 1970. DONALD R. MEYERS WALTER A. PREGLER Mayor WAYNE A. MOLDENHAUER GAYLORD M. COUCHMAN JOSEPH J. BITTER ATTEST: Councilmen Leo F. Frommelt City Clerk Published officially In The Telegraph. Herald Newspaper this 2nd day of July 1970. Leo F. Frammelt It 7/2 City Clerk Councilman Bitter moved final adoption of the Ordinance. Second. by Councilman Couchman. Carried ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. Petition of Charles W. Cullen et al (24 signers) requesting the erec. tion of stop signs at the intersec. tion of Goethe and Sheridan Streets, presented and read. Coun- cilman Pregler moved that the pe- tition be referred to the City Mana- ger and Traffic Department for investigation and report. Seconded by Councilman Couchman. Corried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Park Board request- ing permission to conduct a fire- works display on July 3, 1970 in the Industrial Park area, presented and read. Coucilman Couchman moved that the petition be granted. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of A -I Plumbing do Heat- ing Co. requesting permission to excavate at 200 S. Locust Street at new Eagles Supermarket, present- ed and read. Councilman Bitter moved that the petition be granted. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of United Fund request- ing City representation on a com- mittee to pursue the joint City - County public health department idea, presented and read. Mayor Meyers moved that the petition be referred to the Council. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Special Session, June 29, 1970 255 Petition of Recreation Commis- sion requesting a meeting with the City Council for the purpose of dis- cussing housing for the girl's re- creation center, presented and read. Mayor Meyers moved that the petition be referred to the Mana- ger to set a meeting on July 7, 1970, at 8:00 P.M. in the Council Chamber. 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 James E. Walsh re- questing permission to excavate at 3035 Pennsylvania Avenue to con- nect to sanitary sewer facilities, presented and read. Councilman Pregler moved that the petition be granted. Seconded by Mayor Me- yers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Harry Muellich, by David L. Hammer attorney, re- questing rezoning of Lot 2 of 2 of Out Lot 670 from Multiple Resi- dence Classification to Local Busi- ness "B" classification, presented and read. Councilman Moldenhauer moved that the petition be referred to the Planning & Zoning Commis- sion for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Dubuque Ass'n of the Blind requesting premission to con- duct a bus porch rummage sale at 1214 Jackson Street on July 10th and 11th, presented and read. Councilman Bitter moved that the request be granted subject to ap- proval of the City Manager. Se- conded by Councilman Pregler. ^arried by the following vote: Yeas — Mayor Meyers, Council- ien Bitter, Couchman, Molden- auer, Pregler. Nays — None. Proof of Publication, certified to y the Publisher, of notice of In - ant to dispose of city interest in Vacated Prospect Street" as same buts Lots 38, 39, 40 and 41 Cor- iell's Dubuque to William Wood. ward presented and read. Councilman Pregler moved that the proof of publication 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. Communication of William J. Klauer, as an abutter to Prospect Street, objecting to the sale of "Va. cated Prospect Street" to William Woodward as being inequitable, illegal, and precedent making and contrary to the uniform manner in which the City has vacated and dis. posed of interest in streets for over 100 years, presented and read. Councilman Pregler moved that the communication be received and filed and the rules suspended in order to let anyone present address the Council if they so desire. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Mr. William Woodward stated that he is owner of the property and he would like to build a ga- rage. He has been paying taxes on the so called Vacated Prospect street since he acquired the abut- ting property. Mr. William Klauer stated that the City owns the pro- perty and evidently Mr. Woodward has been paying taxes on the pro- perty incorrectly. Mr. Francis O'Connor, attorney, representing Mr. Klauer stated that his client is opposed to the construction of a garage by Mr. Woodward because it would block a beautiful view of the Mississippi River. Attorney O'Connor presented an affidavit signed by E. A. Dentmeyer, an em- ployee of Klauer Mfg. Co. stating that in 1958 he was instructed by William Klauer to investigate the records at the City Hall as to the status of Prospect Street which re- vealed that the street in question was never vacated. Affidavits sign- ed by A. A. Rhomberg and Kathri R. Gehrig, former owners of the property abutting Propect street were presented and indicated that they were fully aware of the fact that they were not owners of Pros- pect Street, but did however issue 256 Special Session, June 29, 1970 quit claim deeds to the Vacated Prospect. Street at the time of sale of their property, only to show that if an interest of whatever nature existed it would not be a hind- rance in the sale of their property, abutting Prospect Street, now own- ed by Mr, Woodward. The only rea- son any interest was thought to be in existence was because the garage that served the Rhomberg and Geh- rig home, which is now owned by Mr. Woodward, was located in Pros- pect Street. After considerable dis- cussion Councilman Pregler moved that public discussion be closed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman Molden- hauer, Pregler. Nays — None. Mayor Meyers moved that we of- fer the property as we have in the past to two abutting property own- ers as such. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Moldenhauer, Pregler. Nays — Councilmen Bitter, Couchman. RESOLUTION NO. 176-70 RESOLUTION accepting the eight (8) inch sanitary sewer con- structed through Lot 1 of Lot 1 of Lot No. 1 of S.E. 34 of S.E. '/a, Sec- tion 21, T. 28N, R. 2E. of 5 P.M., being in Dubuque Township, Du- buque County, Iowa, now in the City of Dubuque, Iowa and by Har- old Molo and John A. Link, said sanitary sewer being constructed from the existing twelve (12) inch Trunk Line Sanitary Sewer easter- ly 404.3 lineal feet. WHEREAS, the owner of the above described property, John A. Link, has granted to the City of Dubuque a permanent ten (10) foot easement centered over said sew. er, and WHEREAS, the City Engineer has inspected same and the City Manager has recommended its ac- ceptance. NOW, THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That said sewer, from Station 0 + 00 through and includ- ing the manhole at Station 4 -i- 04.3, 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. Section II. 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 29th day of June, 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, Moldenhau- er, Pregler. Nays—None. June 23, 1970 To the Honorable Mayor and City Council I am enclosing a letter from James A. Cosley for street lights on Cody Drive. It is recommended that 175 watt mercury vapor lights be placed on property line between 770 and 764 Cody Drive and between 735 and 725 Cody Drive. An easement is being obtained from private owners for the pow- er line to the 770-764 light. A 5 foot easement for the second light is required of the City running along the southwesterly boundary of City owned lot number 6, block 1 in Pioneer Hills Subdivision. I have requested that Mr. Russo draft a proper resolution for the Council which will permit granting of this easement. Respectfully, 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, Moldenhau- er, Pregler. Nays—None. Special Session, June 29, 1970 257 RESOLUTION NO. 177.70 WHEREAS, a 175 watt mercury vapor light is proposed to be in- stalled on property owned by the City on Cody Drive and it is neces. sary therefore to grant, an ease- ment for the installation of same, and WHEREAS, the City of Dubuque, Iowa and Interstate Power Com- pany have entered into a Trans- mission Line Easement Agreement and same should be approved, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Transmission Line Easement by and between City of Dubuque, Iowa as Grantor and the Interstate Power Company as Grantee covering the following described real estate, to -wit: Lot six (6), Block one (1), In "Pioneer Hills" Subdivision, zwetion thirty-five (35), Town- ship eighty-nine North (T89N), Range two East (R2E) of the 5th P.M. in the City of Du- buque, Iowa. Purpose of this easement is to provide a five (5) foot wide utility easement along the southwesterly boundary of above described Lot 6, be and the same is hereby ap- proved. Section 2. That the Mayor and City Clerk he and they are hereby authorized and directed to execute said Transmission Line Easement for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 29th day of June, 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, Moldenhau- er, Pregler. Nays—None. June 25, 1970 To the Honorable Mayor and City Council The preliminary estimate and schedule of assessments for the Edith Street Sanitary Sewer Exten. sion are being presented at your meeting Monday, June 29. The estimated cost is: Assessable ..........$16,091.50 City Cost .......... 48,685.14 Total ................$64, 776.64 In order that you will have some information about the effect of the extension on the financing of the Sanitary System, I attach a short report, "Sanitary Sewer Extension Edith Street Area." I recommend the project to you as proposed except special atten- tion should be given to an exten- sion in an alley north of Hogrefe Street. Respectfully, Cilbert D. Chavenelle City Manager Councilman Couchman moved approval of the Manager's recom- mendation. Seconded by Coune l - man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. To the Honorable Mayor and City Council I hereby submit the attached sheets No. 1 to 2 inclusive showing a schedule of the proposed valua- tions and assessments for the con- struction of the Peru Road -Davis Street Sanitary Sewer 1970 for the City of Dubuque. Submitted June 26, 1970. John L. White City Engineer 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, Moldenhau. er, Pregler. Nays—None. RESOLUTION NO. 178-70 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the attached sheets No. 1 to 2 inclusive is here- by determined to be the schedule 258 Special Session, June 29, 1970 of proposed assessments for the PERU ROAD-DAVIS STREET SAN- ITARY SEWER 1970 and the val. uations set out therein are hereby approved. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. F rommelt 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, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 179-70 Preliminary Estimate and ap- proval of the proposed plans, speci- fications form a contract and all other documents including all items of material and work re- quired to construct Peru Road — Davis Street Sanitary Sewer 1970, from railroad tracks to Lot 2 of. George Nigg"s Subdivision, at an estimated cost of $64,776.64, pre-. sented and read. Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION NO. 180-70 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque 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 assessed together with a valuation fixed by the council. 3. An estimate of the cost of the Proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 4. In each case the amount there- of whieh is estimated to be as- sessed against each lot, for the construction of the Peru Road - Davis Street Sanitary Sewer - 1970 from the Railroad Tracks east to Lot 2 of George Nigg's Subdivision. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop. erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final con. sideration of this proposed resolu. tion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con. structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on 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 amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Sewer bonds shall be issued and sold in anticipation of deferred Payments of assessments when a contract has been performed and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 29th day of June, 1970. Approved and placed on file for final action. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Attest: Councilmen Leo F. Frommelt City Clerk Special Session, June 29, 1970 259 Councilman Pregler moved ap- proval of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. (Fixing date of hearing) RESOLUTION NO. 181.70 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 179-70 given its pre- liminary 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 Peru Road -Davis Street Sanitary Sewer —1970 from the Railroad Tracks east to Lot 2 of George Nigg's Sub- division and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLVED that on the 3rd day of August 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 subject to assessment for the proposed improvement may appear and make objection to the proposed 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 pro- posed 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 prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hear. ine the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 29th day of June, 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, Couclanan, Moldenbau- er, Pregler. Nays—None, RESOLUTION NO. 182.70 Declaring intent to sell a portion of the Downtown Urban Renewal Project, Iowa R -IS, to Optometry Center, Inc. WHEREAS, under date of Au- gust 4, 1969, the Council of the City of Dubuque approved and zu- thorized the receiving of proposals for the sale and redevelopment of certain parcels of real estate in the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, in response to such offering a proposal for the pur- chase and redevelopment of a por- tion of the project land was re- ceived from Optometry Center. Inc.; and K'IIEREAS, pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, and certain regulations of the Department of Housing and Urban Development, certain docu- ments must be made available for public inspection and a public hear- ing conducted; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the City of Du- buque hereby declares its intent, after a public hearing, to dispose of Reuse Parcel 3.3, Downtown Ur- ban Renewal Project, Iowa R-15 (Block 1 in Downtown Dubuque Plaza) to Optometry Center, Inc. in accordance with the terms of the Disposition Documents governing such sale on file in the office of the Department of Urban Renewal. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of public 280 Special Session, June 29, 1970 hearing to be held on August 3, 1970, and to make certain docu- ments available for public inspec- tion. Such notice shall be substan- tially in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved, and adopted this 29th day of June, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo 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 hearing for the purpose of considering the authorization of the execution of proposed agreements by and be- tween the City of Dubuque and the developers hereinafter listed for the purchase and redevelopment of certain parcels of real estate lo- cated in the Downtown Urban Re- newal Project, Iowa R-15, which project includes the area bounded by Fourth Street on the south, Cen- tral Avenue on the east, Ninth Street on the north, and Locust Street on the west. Name Address Optometry Center, Inc., 350 Fischer Building, Dubuque, Iowa 52001 Said hearing will be held in Council Chambers, City Hall, 13th and Iowa Streets, Dubuque, Iowa, at 7:30 P.M. on the 3rd day of Au- gust 1970, and any person or or- ganization desiring to be heard will be given an opportunity to be heard on the question of the pro- posed dispositions. A "Redeveloper's Statement for Public Disclosure" in the form pre- scribed by the Department of Hous. ing and Urban Development and the proposed "Disposition Agree- ment" for each of said developers are on file and available for in- spection 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 al. so be available at the time of the public hearing. Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau. er, Pregler. Nays—None. RESOLUTION NO. 183-70 Declaring intent to sell a portion of the Downtown Urban Renewal Project, Iowa R-15, to Ames Real- ty, Inc. WHEREAS, under date of Au- gust 4, 1969, the Council of the City of Dubuque approved and au- thorized the receiving of proposals for the sale and redevelopment of certain pracels of real estate in the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, in response to such offering a proposal for the pur- chase and redevelopment of a por- tion of the project land was re- ceived from Ames Realty, Inc.; 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 docu- ments 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 Reuse Parcels 3-8 and 3-9, Down- town Urban Renewal Project, Iowa R-15 (Block 2 in Downtown Du- buque Plaza) to Ames Realty, Inc. in accordance with the terms of the Disposition Documents govern- ing such sale on file in the office of the Department of Urban Re- newal. Section 2. That the City Clerk be and is hereby authorized and di- rected to publish notice of public hearing to be held on August 3, 1970, and to make certain docu- ments available for public inspec- tion. Such notice shall be substan- tially in the form of Exhibit "A" Special Session, June 29, 1970 261 attached hereto and made a part hereof. Passed, approved, and adopted this 29th day of June, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo 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 Du- buque will hold a public hearing for the purpose of considering the authorization of the execution of proposed agreements by and be- tween the City of Dubuque and the developers hereinafter listed for the purchase and redevelopment of certain parcels of real estate lo- cated in the Downtown Urban Re- newal Project, Iowa R-15, which project includes the area bounded by Fourth Street on the south, Cen- tral Avenue on the east, Ninth Street on the north, and Locust Street on the: west. Name Address Ames Realty, Inc., 623 Main Street, Dubuque, Iowa 52001 Said hearing will be held in Council Chambers, City Hall, 13th and Iowa Streets, Dubuque, Iowa, at 7:30 P.M. on the 3rd day of Au- gust 1970, and any person or or- ganization desiring to be heard will be given an opportunity to be heard on the question of the pro. posed dispositions. A "Redeveloper's Statement for Public Disclosure" in the form pre- scribed by the Department of Housing and Urban Development and the proposed "Disposition Agreement" for each of said devel- opers are on file and available for inspection at the office of the City Clerk, City Hall, Dubuque, Iowa be- tween 8:00 A.M. and 5:00 P.M. ex- cept Saturdays, Sundays, and holi- days. Said documents shall also be available at the time of the public hearing. City Clerk Leo F. Frommelt Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 18470 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 Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Ciga- rettes and Cigarette Papers within said City. William Baum, 1121 University Avenue Robert L. Becker, 2418 Central Ave- nue Beecher Oil Company, 1691 Asbury Street Beecher Oil Company, 2399 White Street Mrs. Alice Erschen, 2617 Univer- sity Avenue Lester & Marie Eichhorn, 1725 Delhi Patrick Fenelon, 3166 Jackson Street John J. Glynn, 431 Rhomberg Ave- nue Richard Hantelmann, 902 Main Street Maxine Hoag, 103 East 22nd Street Gerald Clarence Kirchberg, 3165 Central Avenue Harry Kopple, 1098 University Ave- nue Donald M. Love, 250 West 6th Street Frank & Phyllis Lieciardi, 504 Bluff Street Earl J. McNamara, 1046 University Avenue Catherine Meyer, 530 East 22nd Street Russell E. Myers, 1618 Central Ave. nue Dorothy M. Olsen, 1097 Jackson Street Joseph E. Reisdorf, 601 Rhomberg Avenue John L. Savary. 827 Dodge Street Mrs, Helen Weiner, 709 University Avenue William J. White, 1993 Asbury Street Eileen Wunder, 1046 Central Ave- nue 262 Special Session, June 29, 1970 Linnie Dunbar, 504 Central Avenue Victoria Ellis, 120 West 4th Street Theodore J. Ferring, 385 East 13th Street Leona R. Friedman, 620 East 16th Street Milton F. Fink, 3165 Central Ave- nue Anna K. Laury & Joseph Lenger, 498 North Grandview Avenue Lill Giant Food Store #11, 2644 Pennsylvania Avenue Lill Giant Food Store #5, 1100 Rhomberg Avenue Montgomery Ward & Co., 555 John F. Kennedy Road Raymond Ney, 2186 Central Ave- nue Rainbo OR Company, 1075 Dodge Street Hartig Drug Company, 736 Main Street Hartig Drug Company, 97 Locust Street Hartig Drug Company, 2205 Cen- tral Avenue Richard T. Hillard, Prince & East 22nd Street Madeline Papin, 2635 University Avenue Thomas J. Remy, 3355 Pennsylva- nia Avenue Earl Schumacher, 2850 Burlington Street Earl Schumacher, 2119 Rhomberg Avenue Robert Beidler, 1122 Dodge Street Cock 'n Bull, 2245 J. F. Kennedy Road Bill Dunne, Jones & Locust Street Carl Frederick, 1281 Dodge Street Holiday Inn Motel, 1111 Dodge Street Thomas C. Henry, 910 Dodge Street James Kachevas, 665 Dodge Street Knights of Columbus No. 510, 781 Locust Street Herman Meyer, 2600 Dodge Street Arthur Pins, 2699 J. F. Kennedy Road Robert Potter, Dodge & Bluff Street Donald Plumley, 5th & Locust Street Michael F. Pusateri, 2560 Dodge Street Randall's Foodarama, 2600 Dodge Street Plaza 20 Mr. Steak, 2600 Dodge Street Sears Roebuck & Company, 300 South Locust Street Francis Shanahan, 960 Dodge Street Eugene Sauer, 20th & Jackson Street Stampfers Department Store, 8th & Main Street Mrs. Marian J. Bridge, 2038 Cen. tral Avenue Mrs. Josephine Burke, 531 Main Street Patrick Chew, 665 Dodge Street Vincent Conrad, Kennedy Mall Eagles Club, 6th & Locust Street Mrs. Adele Fens, 210 West 1st Street John R. Hirsch, 206 West 3rd Street Anthony A. Helling, 701 Dodge Street John F. Glynn, 760 East 16th Street K -Mart, 2600 Dodge Street Plaza 20 Loras College, 1450 Alta Vista Thelma Lenstra, 410 West 8th Street Thomas Undecker, Asbury & J. F. Kennedy Road Lois M. Morarend, 700 East 16th Street Karl H. Oleson, 1701 Asbury Street Shike-Richardson, Inc., J. F. Ken- nedy Road Joe Sutter, 3195 Jackson Street Carl Van Duelman, 590 Clarke Drive Chuck N. Wong, 378 Main Street F. W. Woolworth Co., 555 J. F. Kennedy Road Clyde L. Bradley, 3275 Central Ave- nue Daniel D. Boge, 400 Central Ave- nue Brammers, Inc., 1306 Delhi Creslanes Bowling, Inc., 255 South Main Street Robert E. Cahill, 402 Locust Street Melville E. Donovan, 1876 Central Avenue Florance Deutsch, 45 West 13th Street Theodore G. Kanavas, 1689 Elm Street Elizabeth M. Krajnovich, 239 West 6th Street Marcella McCarty, 2093 Washing- ton Street Cyril N. Meitl, 1555 Central Ave- nue John C. Neumeister, 729 Lincoln Avenue Paul W. Schollmeyer, 176 Locust Street Earl Schumacher, 22nd & Locust Street Richard N. Stecklein, 450 West Lo- cust Street Melvin A. Spiegelhalter, 1029% Main Street Special Session, June 29, 1970 283 Harold B. Welter, 534 Rhomberg Avenue Louis Winkler, 698 Central Avenue George Arvanitis, 1958 Central Avenue Ralph Baumhover, 801 Rhomberg Avenue Dubuque Yacht Basin, 630 East 16th Street Roshek's Department Store, 555 J. F. Kennedy Road, Kennedy Mall Louis A. Ring, 1185 Dodge Street Riverside Bowl, 1860 Hawthorne Trausch Bakery, 25 S. Main Street Leone Tarry, 1091 White Street Donald E. Wertz, 1545 S. Grand- view Avenue Roger Williams, 1027 Rhomberg Avenue Mrs. Emma Scherer, 1187 Iowa Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 29th day of June, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Lao 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. 185.70 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 is- sued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Fraternal Order of Eagles No. 568, 6th & Locust Street Theodore G. Kanavas, 1689 Elm Street Mrs. Elizabeth M. Krajnovich, 239 West 6th Street Melvin A. Spiegelhalter, 1029% Main Street Eileen Wunder, 1046 Central Avenue Arthur Pins, 2699 Kennedy Road Edward A. Bailey, 1298 Main Street Mrs. Dorothy Olsen, 1097 Jackson Street Catherine M. Meyer, 530 East 22nd Street Helen Weiner, 709 University Avenue John L. Savary, 827 Dodge Street Donald T. Sand, 2364 Washington Street CLASS "C" BEER PERMIT Robert L. Becker, 2418 Central Avenue Earl Schumacher, 2850 Burlington Street John F. Thompson, 3301 Pennsyl- vania Avenue John F. Thompson, 250 West 1st Street John F. Thompson, 744 Main Street Mrs. Eva Lee Weiner, 1101 White Street Passed, adopted and approved this 29th day of June, 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. 186.70 WHEREAS, applications for Beer permits were filed by the within 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- 264 Special Session, June 29, 1970 rected to issue to the following named applicants a Beer permit. CLASS "B" BEER PERMIT Fraternal Order of Eagles No. 568, 6th & Locust Street Theodore G. Kanavas, 1689 Elm Street Mrs, Elizabeth M. Krajnovich, 239 West 6th Street Melvin A. Spiegelhalter, 1029% Main Street Eileen Wunder, 1046 Central Avenue Arthur Pins, 2699 Kennedy Road Edward A. Bailey, 1298 Main Street Mrs. Dorothy Olsen, 1097 Jackson Street Catherine M. Meyer, 530 East 22nd Street Helen Weiner, 709 University Avenue John L. Savary, 827 Dodge Street Donald T. Sand, 2364 Washington Street CLASS "C" BEER PERMIT Robert L. Becker, 2418 Central Avenue Earl Schumacher, 2850 Burlington Street John F. Thompson, 3301 Pennsyl- vania Avenue John F. Thompson, 250 West 1st Street John F. Thompson, 744 Main Street Mrs. Eva Lee Weiner, 1101 White 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 29th day of June, 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. hatter, Pregler. Nays—None. RESOLUTION No. 187.70 WHEREAS, applications for Li- quor 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 fol. lowing applications be granted and licenses issued upon the compli. ance with the terms of the IOWA LIQUOR CONTROL ACT—CHAP. TER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Edward A. Bailey, 1298 Main Street, Alice Erschen, 2617 Uni- versity Avenue, Ramona Fett- gather, 1103 Iowa Street, Arthur W. Pins, 2690 J.F. Kennedy Road, Joseph Edward Reisdorf, 601 Rhomberg Avenue Riverside Bowl, Inc. 1860 Hawthorne Street, John L. Savary, 827 Dodge Street, Eileen Wunder, 1046 Cen- tral Avenue, Michael F. Pusateri, 2560 Dodge Street, Creslanes Bowling, Inc., 255 S. Main Street, Russell Myers, 1618 Central Avenue, Helen Weiner, 709 Uni- versity Avenue, Mrs. Josephine Burke, 531 Main Street, Florence Herburger, 2987 Jackson Street, Elizabeth M. Krajnovich, 239 West 6th Street, Marcella Mc. Carty, 2093 Washington Street, Cyril H. Meitl, 1555 Central Ave- nue, Richard N. Stecklein, 450 West Locust Street, Albert J. Ney, 1842 Central Avenue, Harry N. Gantert, 1301 Rhomberg Ave- nue, Donald T. Sand, 2364 Wash- ington Street, Paul Schollmeyer, 176 Locust Street, Leonetta Mc- Laughlin, 2222 Central Avenue, Passed ,adopted and approved this 29th day of .lune, 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. Special Session, June 29, 1970 265 RESOLUTION No. 188-70 WHEREAS, applications for Li- quor permits were filed by the within named applicants and they haved received 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 ordi- nances 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 authrozed to cause to be issued to the following named applicants a Liquor permit. CLASS "C" COMMERCIAL ESTABLISHMENT Edward A. Bailey, 1298 Main Street, Alice Erschen 2617 Uni- versity Avenue, Ramona Fett- gather, 1103 Iowa Street, Arthur W. Pins, 2699 J.F. Kennedy Road, Joseph Edward Reisdorf, 601 Rhomberg Avenue, Riverside Bowl, Inc., 1860 Hawthorne Street, John L. Savary, 827 Dodge Street, Eileen Wunder, 1046 Central Avenue, Michael F. Pusateri, 2560 Dodge Street, Creslanes Bowling, Inc., 255 S. Main Street, Russell Myers, 1618 Central Avenue, Helen Weiner, 709 University Avenue, Mrs, Jo- sephine Burke, 531 Main Street, Florence Herburger, 2987 Jack- son Street, Elizabeth M. Krajno- vich, 239 West 6th Street, Mar- cella McCarty, 2093 Washington Street, Cyril N- Meitl, 1555 Cen- tral Avenue, Richard N. Steck- lein, 450 West Locust Street, Al- bert J. Ney, 1842 Central Ave- nue, Harry N. Gantert, 1301 Rhomberg Avenue, Donald T. Sand, 2364 Washington Street, Paul Schollmeyer, 176 Locust Street, Leonetta McLaughlin, 2222 Central Avenue. Passed, adopted and approved this 29th day of June, 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. Petition of Dallas Murphy and Jerry Burroughs requesting consi- deration to alleviate the drainage problem off English Lane in Rose Bill Addn. presented and read. Mr. Murphy and Burroughs spoke in be- half of their peition. Councilman Bitter moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter Couchman, Molden• hauer, Pregler. Nays — None. RESOLUTION No. 189.70 WHEREAS, on the 29th day of June, 1970, the City Council of the City of Dubuque, Iowa and the Board of Supervisors of Dubuque County, Iowa caused to be prepared and filed Articles of Incorporation creating COUNTY -CITY OF DUBU- QUE AUTHORITY and pursuant thereto, three Commissioners were appointed to said body in accord- ance with the statute, and WHEREAS, the term of office of that Commissioner to be appointed by the joint action of the City Council of the City of Dubuque, Iowa and the Board of Supervisors of Dubuque County, Iowa has ex- pired and a Commissioner should be appointed for the ensuing term, and WHEREAS, the City Council of the City of Dubuque, Iowa and the Board of Supervisors of Dubuque County, Iowa have met in joint session and have agreed that Ray- mond Goedken be appointed as the third Commissioner to said Au- thority, said Commissioner to be appointed by the joint action of the City Council and Board of Su- pervisors. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the appointment of Raymond Goedk n as tChoemmis- sioner to be appointed 266 Special Session, June 29, 1970 action of the City Council of the City of Dubuque, Iowa and Board of Supervisors of Dubuquv County, Iowa in accordance with the law and the provisions of the Articles of Incorporation of COUNTY -CITY OF DUBUQUE AUTHORITY and that said appointment of Raymond Goedken as such Commissioner be and the same is hereby ratified, approved and confirmed for the term commencing on the 27th day of April 1970 and terminating on the 26th day of April 1976. Section 2. That the City Clerk be and he is hereby authorized and directed to transmit a certified copy of this Resolution to the Board of Supervisors of Dubuque County, Iowa and in addition there- to, to cause a certified copy of same to be filed in the office of the Recorder in and for Dubuque County, Iowa and that the said Clerk transmit a certified copy hereof to the Secretary of saluk COUNTY -CITY OF DUBUQUE AU THORITY. Section3. That inability to ap- point said Commissioner within sixty (60) days from the expiratio of said term was not due to a y disagreement or inability to ag ee on an appointment by and betw 'n the Board of Supervisors of u- buque County, Iowa and the ity Council of the City of. Dubu eI Iowa but rather was due to the press of business by both bodies that prevented their respective bodies from meeting in joint ses- sion to make such an appointment. Passed, adopted and approved this 29th day of June, 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 Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None . There being no further business Coucnlman Pregler moved to ad. journ. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Leo F. Frommelt City Clerk Approved ` e t emb e r 2,970. AdoptedSeptember 281970. *'ouncilm*'e'*n... T.......... o ..................... City Clerk Regular Session, July 6, 1970 267 CITY COUNCIL OFFICIAL Regular Session, July 6, 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 slated that service thereof had been duly made and this meeting is THE REGULAR MONTHLY MEETING called for the purpose of acting upon such business as may properly come before the meeting. Communication of Owen Riley submitting his resignation from the Dubuque Advisory Board effective as soon as possible, presented and read. Councilman Pregler moved that the communication be receiv- ed 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. Communication of Low Rent Housing Agency submitting the minutes of the Board held on June 4, 1970, presented and read. Mayor Meyers moved that the communica- tion be received and filed. Sec. onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays — None. Communication of Dubuque Ad- visory Commission submitting a resolution endorsing the building and financing of a City Garage as adopted by them on June 15, 1970, presented and read. Councilman Bitter moved that the communica- 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. Mayor Meyers moved that the rules be suspended in order to let anyone present address the Coun• cil 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. Richard Ludwig, spoke as a member of the. Advisory Commis- sion, stating a new garage would be good for the citizens of the City. Their Commission toured the present facility and were surprised to find the inadequacy of the pres- ent garage. Mr. William Woodward, Chairman of the Advisory Com- mission spoke mostly on the financ- ing arrangement proposed for the construction of a garage facility by stating that the plan as propos- ed would cost some thirty thousand dollars less to build, rather than going to a bond issue. Councilman Wayne Moldenhauer was against diverting funds from the Road Use Tax fund to pay for garage con- struction. lie would be in favor of letting the voters decide. Councilman Moldenhauer moved that the resolution of the Advisory Commission be received and filed and referred to the City Manager for proper proceedings. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Mrs. Wm. J. Thul of 2620 Queen Street and Miss 'Lahina addressed the Council relative to the unsolv- ed nuisance at the Burden Avenue playground. Air. Thos Hauswirth stated that as a neighbor he has no objection to the use of the play- ground but cautioned many of the participants to check the foul lan- guage used. The frequenters prom- ised to cooperate. It was generally thought that if the playground area was reconstructed as to the ball playing field, by reversing the position of home plate, which would require the players to bat towards the hill, the problem of nuisance for the Thuls would be solved. Mayor Meyers moved that the matter be referred to the Recrea- tion Commission for iC ulemeennta- an i tion. Seconded by 268 Regular Session, July 6, 1970 Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. July 2, 1970 To the Honorable Mayor and Members of the City Council Attached hereto is a copy of the Audit Report for the City of Du- buque Office of Emergency Plan- ning Flood Disaster Grant for the period of April 25, 1969 to April 25, 1970. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Meyers moved that the report be received and filed. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. July 1, 1970 To the Honorable Mayor and City Council I am returning to you the peti- tion of Mr. Frank A. Larson, Jr. re- questing parking along the 1700 block of Kane Street, and a letter from Chief Lucas describing the stivation and recommending that the petition be denied. Please note the following: 1. The Don Apartments pro- vides off-street parking at a ratio of one space for each tenant. There are 48 park- ing spaces provided, 32 in the rear of the building and 16 on the west side. The spaces are unassigned. 2. Parking is available on Northview Avenue. There are approximately 20 spaces available. 3. Parking is permitted along the south side of Kane Street. 4. Permitting parking in the 1700 block on the north side of Kane will produce only four parking spaces. Because of these facts, the peti- tioner should realize that granting the petition serves only the petitio• ner single interest and will probab• ly not solve his problem. In spite of the well taken recom thendation of the police depart aent, I have requested that the ,io parking signs be removed in the 1700 block of Kane, that the parking sign posts remain in place, and that a no parking ordinance be prepared for Council consideration. This will in effect permit parking during the non -school months. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the Manager's recommen- dation. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. July 1, 1970 To the Honorable Mayor and City Council The enclosed letter from the In- ternational City Management As- sociation is a request for our city to join in a proposed experimental program planned to make scientific information available to us which has been accumulated in the re- search files of the National Aero- nautics and Space Administration. We are asked to pay $500 in sup- port of the program. The money will be placed in a special account and not spent until NASA and the National Scientific Foundation par- ticipation is guaranteed and a work program sent to us for approval. It is possible that participating in the program will lead our city staff to new approaches to the solution of community problems. On this basis I request authority to make payment of $500 and express our intent to participate in the pro- gram. Respectfully, Gilbert D. Chavenelle City Manager Councilman Moldenhauer in- structed the Manager to write for more information. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. June 28, 1970 Honorable Mayor and City Council: On April 23, 1970, Phillip Lan - gas, as petitioner, and Gus L. Man- ternach and Lorraine E. Manter- Regular Session, July 6, 1970 S89 nach, as vendors, filed Petition with the City Council asking for a change in zoning classification from the present Local Bussiness "A" District Classification to Local Business "B" District classification in order to accomodate their res- taurant facilities to permit the sale of beer therein as relates to their property. This matter was referred to the Planning and Zoning Commission, and on May 27, 1970 the Planning and Zoning Commission in written report to the City Council as re- lates to the Langas petition recom- mended that the petition be denied on the grounds that the conversion of the rezoning of the property in question to Local Business "B" Dis- trict classification would not be compatible with, or provide ser- vice, to the surrounding residential area and further stating that the conditions in the vicinity had not changed and recommended that said property remain in Local Busi- ness "A" District classification. Thereafter, at the meeting of the City Council this question was re- ferred to the City Attorney by rea- son of the fact that the petitioners proposed to the City Council at its meeting of June 1, 1970, (1) to im- pose upon the property at 1105 Loras Boulevard restrictions disal- lowing those uses allowed under Local Business District "B" classi- fication which are offensive to the City Council and the Planning and Zoning Commission, such as ser- vice stations, drive-in restaurants, funeral homes, etc: or (2) alterna- tively, he would be willing to de- liver an irrevocable application for rezoning of said premises to Class "A" to be filed at such time as the City of Dubuque allows beer to be sold at restaurants within a Loral Business "A" District classification. A reference to the City Attorney was for the purpose of furnishing a legal opinion as to the legality of methods restricting the use of pro- perty within a given classification. Pursuant such reference, I have conferred with the petitioners' at- torneys, who have furnished this office with what they believe to be legal authority to support their po- sition as submitted to the City Council. I have reviewed all the pertinent documents relating to the applica- tion of the petitioners together with the communication from the petitioners' lawyers and I have also reviewed the pertinent Iowa law and I find no legal authority in the State of Iowa for the proposition that a rezoning classification from one district to another district may be done on conditions limiting the use within the changed classifica- tion, contrary to the permitted use within the language granting such change. That is to say, if this pro- perty were to be rezoned to Busi- ness "B" classification in the lan- guage of the Ordinance, drive-in restaurants and gas stations would be permitted therein. It appears to the writer that this Council in effect, would be open- ing a new area of rezoning by means of consents between the pro- perty owner and the City Council in contravention to the stated law, this has been called zoning by con- tract by some courts who have held same illegal on the grounds that this constitutes "spot zoning". It is my opinion that if the City Council were to permit the proposed meth- od of rezoning this property that it would contravene the City Ordi- nance and the State statute and in my judgment would be held illegal in the event that same were re- viewed by our courts. I would recommend against such procedure for the obvious reason that it would be permitting a re- zoning by contract as distinguished from rezoning by law and while this may appear to be a cliche or an over -simplification, I believe that if the City Council were to check with the Planning and Zon- ing Commission it would find that numerous requests in the past for this type of rezoning have been made and have been denied. It ap- pears to the writer that if the City Council were to permit this type of rezoning it, as well as the Planning and Zoning Commission, would be innundated with similar requests as it is a very easv and very simple way to contravene the rigors and the certainty of the zoning law. While the petitioners, perhaps, present a sympathetic position in his seeking relief, I would respect- fully submit that perhaps this re- lief should be afforded to him if the Council so desires by means other than by the means as petit - i coned. 270 Regular Session, July 6, 1970 Original petition is returned herewith. Respectfully submitted, R. N. Russo City Attorney Attorney David L. Hammer, re- presenting Phil Langas, made an urgent plea in behalf of his client by stating that if this rezoning is not allowed Mr. Langas will be forced out of business. After a lengthy discussion Coun- cilman Bitter moved that the change in Zoning Classification be allowed to Class "B" and refer for proper proceedings, The vote on roll call was as follows: Yeas — Councilmen Bitter, Mold- enhauer. Nays — Mayor Meyers, Council- men. Couchman, Pregler MOTION LOST. Communication of Leo A. Mc- Carthy, attorney indicating that a sewer back-up claim submitted by Maurice M. Wieser has been set- tled, however requesting that ap- propriate action be taken to reme- dy the situation at 2065 St. Am- brose Street in the future, present- ed and read. Councilman Bitter moved that the communication be received and filed and referred to the City Manager for investigation and report. Seconded by Council- man Couchman. Carried by the fol. lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. July 1, 1970 Honorable Mayor and City Council Re: LeRoy F. Beau and Rose Mary Beau Vs City of Dubuque, Iowa; Peoples Natural Gas Company: Merl F. Goerdt; George A. Saffran and Mulgrew Blacktop Inc. On March 11, 1968, Original No- tice with Petition attached was served on the City on the above entitled cause wherein the plaintiff claimed damages in the amount of $10,000.00 as the result of her al- leged falling in the excavation a- butting 1765 Madison Street on or about the 16th day of September 1967. This matter was referred to your City Attorney who interposed the appropriate defenses and said mat. ter was scheduled to be tried be. fore a jury on July 6, 1970. The City Attorney has been ad. vised that a settlement has been affected with the plaintiff at no cost to the City of Dubuque. Accordingly, this matter is final. ly disposed of and Original Notice with copy of Petition is herewith returned. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden• hauer, Pregler. Nays — None. June 29, 1970 Hon. Mayor & City Council On March 6. 1969, Original No- tice with copy of Petition attached, being Law No. 38517 in the Dis- trict Court of Dubuque County, Iowa of Albert Henneger vs City of Dubuque, Iowa was served on the City; wherein plaintiff claimed damages in the amount of $7500.00 for injuries allegedly suffered on March 7, 1967 as the result of an alleged fall on a driveway ap- proach to public sidewalk in front of 1881 McCormick Street in the City of Dubuque and claiming an unlighted street light and a de- fective condition thereat, said al- leged injuries suffered by the plaintiff consisting of a broken right ankle and loss of work -time. Said Notice and Petition was re- ferred to the City Attorney who has made an investigation of this matter, has examined the medical reports and bills and has conferred with plriintiff's attorney who has made an offer of settlement of this matter in the amount of $1250.00. Therefore, it is the recommenda. tion of the City Attorney that said offer of settlement be accepted and that the City Auditor should be instructed to draw a warrant pay- able to Albert Henneger in the amount of $1250.00 and transmit same to the City Attorney for de- livery upon receipt of duly execut- ed release and dismissal of said cause with prejudice at plaintiff's cost. Regular Session, July 6, 1970 271 Original Notice with copy of Pe- tition attached is returned here. with. Yours very truly, R. N. Russo City Attorney Councilman Pregler moved ap proval of the City Attorney's re- commendation. 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 Mrs. Minnie Becker, in an undetermined amount, for personal injuries re- ceived in a fall on Loras Blvd., on June 23, 1970, presented and read. Mayor Meyers moved that the notice of claim be referred to the City Attorney for investigation and report. S,conded 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 notice of pub- lic hearing to consider amending Zoning Ordinance No. 3-34, so as to change Lot 2 of 1 of 1 of 1 of 1 of 2 of Highland Farm; Lot 3 of 1 of 1 of 1 of 1 of 2 of Highland Farm; and Lot 2 of 2 of 2 of St. Rose Place; Lot 1 of 1 of 2 of 1 of 1 of 1 of 2 of Highland Farm; all in the City of 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 of the public hearing. Councilman Pregler moved that Proof of publication 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. ORDINANCE No. 30.70 An Ordinance Amending and ('hanging 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 Resi. dence District" Classification to "Multiple Family Residence Dis- trict" Classification, said ordinance having been previously presented and read at the Council meeting of ,Tune 9, 1970, presented for Final Adoption. ORDINANCE NO. 30-70 Section 1. That Ordinance No. 3-3A known as the "Zoning Map and Zoning Ordinance of the CilY of Dubuque, Iowa" be and the same is hereby amended by changing from "Single Family Resi- dence District" classification to "Mul- tiple Family Residence District' classl- ficatlon the following described real estate, to -wit: Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Highland Farm, In the City of Dvbuque, lower, ac- cording to the recorded plat thereof Lot 3 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 20 f Highland Farm; and Lot 2 of Lot 2 of Lot 2 of St. Rose Place, In the City of Dubuque, Iowa, according to the recorded plat thereof Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of High- land Farm, In the City of Dubuque, Iowa, according to the recorded plat thereof. Section 2. That the foregoing Amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, appprcved and adopted this 6th day of Jufy, 1970. DONALD R. MEYERSMayor WALTER A. PREGLER GAYLORA. D M, CCOUCHMAN JOSEPH J. BITTER ouncilmen ATTEST: Leo F. Frommelt City Clerk Published offlClallY In The Telegraph* Herald Newspaper this 10th day of July, 1970. Leo F. Frommelt City Clerk it. 7-10 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. Petition of Carl McCarthy et al (23 signers) requesting an investi- gation of the drainage problem on mets, Keymeer and Key Largo they are being aggravated by sew- age backing up in the floor drains after heavy rains, presented and read. Councilman Moldenhauer moved that the petition be referred 272 Regular Session, July 6, 1970 to the City Engineer for investiga- tion and report. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas -- Mayor Meyers, Council- men Bitter, Couchman, Molden hauer, Pregler. Nays — None. Petition of Dubuque Professional Fire Fighters Assn. requesting pri- vilege of addressing the Council, presented and read. Councilman Pregler moved that the petition be received and filed and privilege granted. Seconded by Mayor Mey- ers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Mr. Ron Kann, President of the Fire Fighters Assn. addressed the Council relative to a proposal sub- mitted to them that the Assistant Chiefs be considered supervisory personnel. Evidently this would be a distinct change from the present regulations and the firefighters do not feel that they should be obliged to share sick time, days off etc. with the supervisory group. Mr. Walter Bockes, personnel manager, stated his position on the part of the City. RESOLUTION No. 190.70 ACCEPTING DELIVERY OF DEEDS FOR THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 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 authorization and di- rection of said Loan and Capital Grant Contract, has acquired for the public purpose of implement- ing and facilitating the Downtown Urban Renewal Project, Iowa R-15, certain parcels of real estate by purchase; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That delivery of deeds to the City of Dubuque for the fol- lowing described parcel of real es- tate in the Downtown Urban Re- newal Project, Iowa 11,15, is here- by ratified and accepted by the City of Dubuque. GRANTOR, Kate B. Lacy, spouse of Burkitt S. Lacy Deed dated June 23, 1970, Recorded in Book 202, Page 438. PROPERTY DESCRIPTION, Lot 146 and the Southerly 11.2 feet of Lot 147, in the City of Du. buque, Iowa, according to the United States Commissioners, Map of the town of Dubuque, Iowa (Parcel 3-5) Section 2. That the recording of the respective deeds of conveyance of title in the office of the Record- er in and for Dubuque County, Iowa, is hereby ratified. Section 3. That the City Clerk be and he is hereby authrized and di- rected to file a copy of this Resolu- tion in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved, and adopted this 6th day of July, 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. 191.70 APPROVING THE FIXED-PRICE COMPETITION METHOD FOR OFFERING CERTAIN LAND IN THE DOWNTOWN URBAN RE- NEWAL PROJECT, IOWA R-15, TO PRIVATE DEVELOPERS FOR REDEVELOPMENT 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 -lb; and WHEREAS, under date of May 18, 1967, the Council of the City of Dubuque, after a Public Hearing, duly adopted an Urban Renewal Regular Session, July 6, 1970 273 Plan for said Project and which ; Urban Renewal Plan is on file in the Office of the City Clerk and is recorded in the Office of the Re- corder of Dubuque County, Iowa, in Book 295 of Mortgages, Pages 235 to 259; and WHEREAS, pursuant to such Ur- ban Renewal Plan and Loan and Capital Grant Contract, the City of Dubuque has and is acquiring land, relocating site occupants, removing structures and other improvements and constructing and reconstruct- ing site improvements and public facilities: and WHEREAS, the Urban Renewal Plan provides for the sale of cer- tain land for redevelopment by pri- vate developers; and WHEREAS, the Fixed -Price Com- petition method permits the sale of land on criteria and factors other than price and in the best interests of the Urban Renewal Project and the City of Dubuque, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the documents pertaining to a proposed Fixed - Price Competition offering of cer- tain parcels of real estate set forth in such documents, a copy of which documents are made a part hereof and filed of record in the Office of the City Clerk, as they may be re- vised as necessary to comply with the requirements of the Depart- ment of Housing and Urban De- velopment, are hereby approved. Section 2. That the Fixed -Price Completion method of offering cer- tain land for sale for redevelop- ment by private developers is the approporiate method of making the land available for redevelopment. Section 3. That the price for the disposal of each parcel included in the proposed offering has been de- termined to be not less than the fair price for the land for uses in accordance with the Urban Renew- al Plan and said prices are hereby approved. Section 4. That the City Manager and the Director of Urban Renewal be and are hereby authorized and directed to proceed with the pro- posed disposal of the parcels set forth in the attached documents In accordance with the proposed disposal procedure and all other applicable requirements. Section S. That the City Clerk be and he is hereby authorized and directed to publish "invitation for Proposals" for the sale of certain parcels of real estate, in the form of Exhibit "A" attached hereto and made a part of hereof. Passed, approved and adopted this 6th day of July, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Maldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk "EXHIBIT A" INVITATION FOR PROPOSALS The City of Dubuque, Iowa, in- vites proposals for the purchase and redevelopment of property in the Downtown Urban Renewal Pro- ject, Iowa R-15. The parcels of land available for sale are located on the Northeast corner of Locust and Fifth Street and in the mid -block of Locust Street between Fourth and Fifth Streets. The parcels are identified as follows: Parcel No. 8.11, 15,960 Approxi- mate Square Feet, Use; Central Business District. Parcel No. 11-5, 6,643 Approxi- mate Square Feet, Use; Office And Service Area. Full information, instructions and bid documents needed to pre- pare proposals may be obtained by depositing $10.00 with the De- partment of Urban Renewal, Suite 10-B, Fischer Building, Dubuque, Iowa, for each set of Documents. Each such deposit shall be refund- ed if the Documents are returned in good condition within 30 days after bid opening. All proposals must be received at the office of the City Clerk, City Hall, 13th Street and Central Ave- nue, Dubuque, Iowa, no later than 10:00 A.M. CDST on August 7, 1970, at which time all bids will be publicly opened and read in Council Chambers. Each proposal must be accom- panied by a goad faith deposit in the form of a certified check or bank draft payable to the City of 274 Regular Session, July 6, 1970 Dubuque, or a satisfactory bid bond, in an amount equal to 10% of the amount of the offer. Additional information concern- ing the City of Dubuque's Land Marketing Program for the Urban Renewal Project may be obtained from Gent M. Wittenberg, Director of Urban Renewal. 2 t. 7-15-22 Leo F. Frommelt City Clerk Councilman Couchman moved a- doption of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. July 2, 1970 To the Honorable Mayor and City Council RE: Town Clock Project Over the past three years, during the developmental and design stages of our Main Street Pedes- trianway, we have stressed the im- portance of our own Town Clock becoming, once again, the domi- nant feature and focal point of the revitalized downtown central busi- ness district. Our design consul- tants for the Pedestrianway have reiterated their feelings to you on several occasions concerning the importance of the town clock to the overall Urban Renewal Pro. ject. They used the Town Clock as the central design theme for the project and feel that it is the sin. gle most important item necessary for the success of the Pedestrian - way itself. When attempting to visualize the completed construc- tion on Main Street and viewing the Town Clock in its present location, one cannot help but feel that this historic structure has lost its sig- nificance and dominance in the City of Dubuque. While basically structurally sound, the exterior and decorative facing is badly in need of repair. If action is not taken in the near future to reno- vate the structure, in a few years the Town Clock may be lost to the citizens of Dubuque. As you know the sum of $5,000. 00 has been donated for the pur- pose of relocating the Town Clock from its present location to a new tower pedestal in the plaza area of the Pedestrianway in the vicini- ty of Seventh and Main. We also have received letters from the Du. buque Area Chamber of Commerce and the Downtown Association sup. porting this proposal and pledging to help raise the necessary funds for the project. Aside from the fund raising as- pect the project consists of two in- terrelated phases which can run concurrently to complete the re- location within the limitations of the time schedule. The first phase of the project which we are bring- ing before you now, consists of the removal of the Town Clock from its present location, transporting it to a storage area where renova- tion of the structure would be completed by others, and finally the moving of the renovated clock to and atop a new tower pedestal (constructed by others) located in the Central Plaza of the Pedes- trianway. The second and closely related phase of this project should begin with the hiring of a local Architect to design the tower pe- destal and determine the extent and detail of renovation necessary on the existing structure. A con- tract for this work would then be let upon completion of the Archi- tect's analysis and design. We have also prepared for your consideration a detailed time sche. dule indicating dates on which ma- jor operations of both phases of the project should take place in order to complete various stages in relation to highly critical con- struction operations on the Pedes- trianway itself. This schedule has been prepared to complete the pro- ject prior to the completion of the Main Street Pedestrianway. If this work is not completed in confor mance with the schedule and at. tempted after the Pedestrianway is completed, costs could be ex- pected to escalate by 40% because of compounded construction prob- lems. In lieu of more detailed es- timates of tower construction and renovation by an Architect, the total project is expected to cost approximately $60,000.00 if com- pleted this year. In summary, we have presented this problem to you,—hoping that now you will better understand all of the complexities and interrelat- ed problems involved and that you will see fit to give us guidance and Regular Session, July 6, 1970 275 your direction on the Town Clock Project Respectfully submitted, Gilbert. D. Chavenelle City Manager 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- hauer, Pregler. Nays — None. Mr. Tom Graham, President of the Downtown Merchants Assn., announced that they are spearhead- ing a community project to remove and relocate the town clock. The clock is to be moved now. It is a vital link in the restoration of the Downtown area. Rossiter & Hamm Architects have donated their serv- ices for architectural design and engineering. Mrs. Carman Rand, As- sistant Manager of the Chamber of Commerce, made an urgent appeal to move and relocate the Clock Tower now because itis so vital to the whole of Urban Renewal. Councilman Moldenhauer moved that a public hearing be held on the town clock removal and reloca- tion project on July 20, 1970. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men, Bitter, Couchman, Molden hauer, Pregler. Nays—None. RESOLUTION NO. 192.70 Approval of Preliminary Esti- mate in the amount of $16,500., plans, specifications, form of con- tract and all other documents, re- quired for City of Dubuque 1970 Town Clock Removal and Reloca- tion Project, presented and read. Councilman Pregler 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. (Necessity for Improvement) RESOLUTION NO. 193.70 WHEREAS, proposed plans, spec- ifications, and form 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 TOWN CLOCK REMOVAL AND RELOCATION PROJECT. BE IT THEREFORE, RESOLVED that the City Council on its own motion, deems it advisable and nec- essary 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 such funds as may be legally used for such purposes. The above resolution was intro. duced, approved and ordered placed on file with the City Clerk this 6th day of July, 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 Councilman Couchman moved approval of the resolution. Second- ed by Mayor bfeyers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. (FIXING DATE OF HEARING) RESOLUTION No. 19470 WHEREAS, the City Council of the City of Dubuque, Iowa has gi. ven its preliminary approval on 276 Regular Session, July 6, 1970 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 TOWN CLOCK REMOVAL AND RELOCATION PROJECT BE IT THEREFORE RESOLVED that on the 20th day of July, 1970 a public hearing will be held at 7:30 P.M. in the Council Chamber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the proposed plans and specifications and pro- posed form of contract, to the cost of the improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be publish- ed 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 con- sideration, and said Clerk is furth- er insructed to advertise for pro- posals for the construction of the aforementioned improvement. Passed, adopted and approved this 6th day of July, 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. 195.70 WHEREAS, the City Council of the City of Dubuque, Iowa has heretofore ordered the City Attor. ney of the City of Dubuque, Iowa to institute Eminent Domain pro. ceedings against Fred E. Klett and Merlin H. Bradley and Dorothy R. Bradley for an Approach Lighting System at the City of Dubuque Municipal Airport, and WHEREAS, the matter was heard by the Sheriff's jury on the 6th day of July, 1970 who returned an award for damages to Merlin H. Bradley and Dorothy R. Bradley, in the amount of $10,500.00 and made an award of damages to Fred E. Klett in the sum of $8,500.00. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be and he is hereby ordered to pay to the Sheriff of Dubuque County, Iowa the award to Merlin H. Brad. ley and Dorothy R. Bradley in the amount of $10,500.00 and to pay to the Sheriff of Dubuque County, Iowa the award to Fred E. Klett in the sum of $8,500.00. Passed, approved and adopted this 6th day of July, 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 Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Council men Bitter, Couchman, Molden- hauer, 11'regler. Nays — None. RESOLUTION No. 196-70 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 with the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Cruso A. Alba, 2601 Jackson Street Donald C. Brimeyer, 1101 Lincoln Avenue Gene C. Evarts, 2678 Central Ave- nue Carl Herburger, 2987 Jackson Street Phillip Langas, 1104 Loras Blvd, Kenneth J. Love, 802 Central Ave- nue Doris Riekena, 301 Main Street Max Rettenberg, 90 S. Locust Street Judith A. Schiel, 2199 University Avenue Regular Session, July 6, 1970 277 Beatrice Winkler, 1400 Central Avenue Lloyd W. Heaver, 30 Locust. Street Kathleen L. Wedig, 1399 Jackson Street D.B.Q. Inc., 4th & Locust Street Phillip R. Love, 1701 Central Ave- nue Stanley Nauman, 320 Main Street Karigan's Restaurant, 401.405 Cen. tral Avenue BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 6th day of July, 1970. Donald It. 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 Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 197-70 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 "C" BEER PERMIT Gene Evarts, 2678 Central Avenue Passed, adopted and approved this 6th day of July, 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- ,ilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 198-70 WHEREAS, applications for Beer permits were filed by the within 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 Ma- nager be and he is hereby directed to issue to the following named ap- plicants a Beer permit. CLASS "C" BEER PERMIT Gene Evarts, 2678 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 6th day of July, 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 Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 199.70 WHEREAS, applications for Li. quor 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 fol - and lowing applications be granted licenses issued upon the compli- ance with the terms of the Iowa Li- quor Control Act --Chapter 123—as amended by the 60th General As- sembly, 1963. 278 Regular Session, July 6, 1970 CLASS "C" COMERCIAL Yeas — Mayor Meyers, Council. ESTABLISHMENT men Bitter, Couchman Molden- Kenneth Jerome Love, 8o2 Central hauer, Pregler. Avenue Nays — None. Passed, adopted and approved There being no further business this 6th day of July, 1970. Mayor Meyers moved to adjourn. Donald R. Meyers Seconded by Councilman Bitter, Mayor Carried by the following vote: Walter A. Pregler Yeas — Mayor Meyers, Council- Wayne A. Moldenhaucr men Bitter, Couchman, Molden. Gaylord M. Couchman hauer, Pregler. Joseph J. Bitter Nays — None. Councilmen Leo F. Frommelt Attest: City Clerk Leo F. Frommelt City Clerk November 2, Mayor Meyers moved adoption of Approved.................................. 1970 the resolution. Seconded by Coun- man Pregler. Carried by the fol- Adopted November 2. 1970 ]owing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler....:: :.i1.t: a.R ................... .......... Nays — None. RESOLUTION No. 200.70 :.... ....... i WHEREAS, application for Li- quor permits were filed by the . within named applicants and they . .. ... ...............-, have received the approval of this Council, and G V WHEREAS, the premises to be P such by occupied applicants were / inspected and found to comply with P the State Law and all City ordi- -- .....C.... ci, nances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- tt 7' test.. .................................... SOLVED by the City Council of . City Clerk. Dubuque, Iowa, that the Manager be authorized to cause to be issue to the following named applicant a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Kenneth Jerome Love, 1302 Central Avenue Passed, adopted and approved this day of July, 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 Pregler. Carried by the fol- lowing vote: Special Session, July 20, 1970 279 CITY COUNCIL OFFICIAL Special Session, July 20, 1970. Council met at 7:30 P.M. Central Daylight Time. Present Mayor Meyers, Council• men Bitter, Couchman, Molden- hauer. City Manager Gilbert D. Chavenelle. Absent—Councilman Pregler, Ill- ness. Mayor Meyers read the call and stated that service thereof had been duly made and this meeting is called for the purpose of LEVY- ING A SPECIAL ASSESSMENT AND AUTHORIZING THE ISSU- ANCE OF BONDS TO PAY FOR COST OF CONSTRUCTING CITY OF DUBUQUE 1969 CONCRETE CURB & GUTTER PROJECT No. 1, and acting upon such other busi- ness as may properly conic before a regular meeting of the City Council. Printed Council proceedings pre- sented for approval for the months of March and April 1970. Council- man Bitter moved that the proceed- ings be approved as printed. Se- conded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays — None. Absent — Councilman Pregler. Communication of William G, Fullmer, Library Director, submit- ting a copy of communication sent to Peter Anderson of the Telegraph Herald, in answer to items that ap. peared in Accent column of July 3, 1970, assuring the Council that his remarks to Mr. Anderson were not intended to denigrate city ad- ministration for not building a new library, presented and read. Coun- oilman Bitter moved that the com- munication be received and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays—None. Absent --Councilman Pregler. Communication of Dubuque County Law Enforcement Center Study Committee recommending that the Council authorize the sale of a parcel of Urban Renewal pro- perty as the site for construction of the proposed Dubuque County - City Law Enforcement Center, said site being between 6th Street and 7th Street and Iowa and Central Avenue, presented and read. May- or Meyers moved that the com- munication be received and filed and the rules suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays — None. Absent — Councilman Pregler. Architect George Deininger pre- sented a sketch of the first choice of sites and an alternate site for the proposed law enforcement Cen- ter, the thinking being that the first choice between 6th & 7th would provide plenty of room plus additional area for any future gov- ernmental buildings. Councilman Couchman moved that the Law Enforcement Center proposal be referred to the Coun- cil. Seconded by Councilman Bit. ter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays — None. Absent — Councilman Pregler. July 15, 1970 To the Honorable Mayor And City Council This is to advise that I have ap- proved Aproved the following policy and bond, and desire to have: your ap- proval on same. COMPREHENSIVE LIABILITY Ken Schromen, Bituminous Casual- ty Corporation SIDEWALK Rov Frederick, Western Surety Company Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved filing ap- subject to approval of the City Solicitor. Seconded by Councilman 280 Special Session, July 20, 1970 Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays — None. Absent — Councilman Pregler. July 17, 1970 To the Honorable Mayor and City Council I herewith submit the reports of the City Auditor, City Treasurer, Water Superintendent, as well as a list of claims, for the month of June 1970. Respectfully, Gilbert, D. Chavenelle City Manager Mayor Meyers moved that the re- ports be received and filed. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays —None. Absent — Councilman Pregler. July 17, 1970 To the Honorable Mayor and City Council I request permission to attend the International City Management Association Conference in San Die- go, September 20-24. The conference theme is "Im- proving the Quality of Life: State - Local Responsibilities." In this con- text there will be discussions of housing, finances, law enforcement and the environment. Respectfully, Gilbert D. Chavenelle City Manager Councilman Couchman moved that permission be granted. Se- conded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays — None. Absent — Councilman Pregler. July 17, 1970 To the Honorable Mayor and City Council I am enclosing a second letter received from the International C i t y Management Association which describes with additional de- tail the program outlined in a pre- vious letter of city access to NASA's research files. In order to recall the program for you I am again sending copies of this first letter. In addition to the letters, I have also received several NASA publi- cations as illustration of the NASA resource and its possible use for city purpose. The National Aeronautics and Space Administration collects the results of aerospace -related re- search and development. This col- lection now totals ab:)ul 600,000 in- dexed documents. The space agen- cy has established a Technology Utilization Program. This is a plan- ned continuing effort to locate ae- rospace -related inventions, new scientific knowledge and technical skills and to make them available to potential civilian users. It seems to me that the program being formulated by the Interna- tional City Management Associa- tion is guided journey to the NASA knowledge resource and in con- junction with the effort of fifty other cities a directed and system- atic search of this knowledge for city application. I suggest to you that your ad- ministration is undertaking a pro- gram of budget development and management which depends on quantifying and measuring ele- ments of city business and action. I sug;est that there is a possibility of discovering useful measuring techniques within the accumulated and recorded knowledge of NASA. I recommend the program offer- ed and again request the authority to pay the $500 expense. Respectfully, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the expenditure. Se- conded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden• hauer. Nays — None. Absent — Councilman Pregler. July 16, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a re- quest U) have property described Special Session, July 20, 1.970 281 as Lot 1 of 3 of John P. Mettel's Sub. No. 2, in the City of Dubuque, Iowa, reclassified from Multiple Residence District to Local Busi- ness "B" District. This property is located at 3422 Asbury Road. The Commission reviewed the plans for this general area and the reasons for the existing zoning pat- tern. At a previous meeting, this, anti other property in the area that has access to Asbury Road, but ad- joins single family development, was reclassified from Single Fam- ily Residence to Multiple Resi- dence. At that time consideration was given to commercial classifi. cation and was decided against be- cause of the proximity to the sin- gle family residences, the amount of commercial space already avail. able in this general area, and the possible effect additional commer. cial development would have on Asbury Road as a traffic carrier. It was the opinion of the Commis- sion that the Multiple Residence District would permit appropriate uses for this particular piece of prop8rty. It is the recommendation of the Commission that the property as described remain in the Multiple Residence District. CsITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Mayor Meyers moved approval of the recommendation. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer. Nays—None. Absent --Councilman Pregler. July 16, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a re. quest to have property described as Lot 1 of 4 of John P. Mettel's Sub. No. 2, in the City of Dubuque, Iowa, reclassified from Multiple Residence District to Local Busi- ness "B" District. This property is located at 3370 Asbury Road. The Commission reviewed the plans for this general area and the reasons for the existing zoning Pattern. At a previous meeting, this and other property in the area that has access to Asbury Road, but adjoins single family develop. ment was reclassified from Single Family Residence to Multiple Resi. dence. At that time consideration was given to commercial classifica. tion and was decided against be- cause of the proximity to the single family residences, the amount of commercial space already avail. able in this general area, and the possible effect additional commer- Lidl development would have on Asbury Road as a traffic carrier. it was the opinion of the Commis. sion that the Multiple Residence Wstrict would permit appropriate uses for this particular piece of property. It is the recommendation of the Commission that the property as described remain in the Multiple itesidence District. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Couchman moved approval of the recommendation. Seconded by Councilman Molden- nauer. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- haner. Nays—None. Absent—Councilman Pregler. July 16, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a request to reclassify property, described as Lots 316 and 317 in Lennox Addi- tion, in the City of Dubuque, Iowa, from Single Family Residence to Two Family Residence District. This property is located on the southwest corner of Illinois Ave- nue and Drexel Avenue. The general area in which this property is located has been devel- oped for single family residences. The change in classification, as re- quested, would require establish- ment of a new, and very small, district on the zoning map. The two lots in question are as suitable for single family residences as for duplexes. 282 Special Session, July 20, 1970 It is the recommendation of the Commission that the property as described remain in the Single Family Residence District. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Mayor Meyers moved approval of the recommendation. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays—None. Absent—Councilman Pregler. July 16, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has review a request to have Article IV, Section 1 (h) amended to include property de- scribed as Lot 5 of the Sub of Lot 3 of Block 4 in Westchester Sub- division, in the City of Dubuque, Iowa. This would authorize profes- sional offices as permitted uses in addition to other uses generally permitted in the Multiple Resi- dence District. This property is lo- cated at 2105 Kennedy Road and is occupied by a four -unit apart- ment house. The Commission reviewed their action, taken on the same request at a meeting held on May 28, 1969. It was the opinion of the Commis- sion that the circumstances were basically unchanged and that the recommendation made at that time represents its best judgment. A copy of the previous recommen- dation is attached. It is the recommendation of the Commission that the Ordinance not be amended. Respectfully submitted, CITY PLANNING AND ZONING COMMISION Don Gilson City Planner Attorney Gary Norbey represent- ing Mr. Dorweiler and also Mr. Dorweiler himself pleaded with the Council to allow the rezoning, mostly on the basis of fairness with their neighbors directly across the street which is presently zoned for professional use. Mayor Meyers moved approval of the recommendation of the Com. mission. Seconded by Councilman Couchman. Carried by the follow. ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer. Nays — None. Absent — Councilman Pregler. July 8, 1970 Icon. Mayor & City Council On May 14, 1970, Mrs. Chris Les. Lein, 745 Groveland, this city, filed claim against the City of Dubuque in no specified amount for injuries allegedly suffered by her on May 11, 1970 as the result of an alleged fall at or near 1449 Locust Street, this city, alleging injuries to her left side consisting of bruises and abrasions, and this matter was re- ferred to the writer. I have made an investigation of this matter, have reviewed the me- dical bills and have conferred with the claimant who has made an of- fer of settlement of this claim in the amount of $100.00. It is the re- conunendation 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 Mrs. Chris (Gene- vieve) Leslein and Chris Leslein, wife and husband, in the amount of $100.00 and transmit the same to the City Attorney for delivery upon receipt of duly executed re- leases. Original claim is returned herewith. Yours very truly, R. N. Russo City Attorney Mayor Meyers moved approval of the recommendation. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays — None. Absent — Councilman Pregler. Notice of claim of Claudette C. Bandy, in the amount of $74.68, for car damage received as the re- sult of striking a poor condition in the street at the intersection of Daniels and Kebbie streets on June 20, 1970, presented and read. Mayor Meyers moved that the notice of claim be referred to the Special Session, July 20, 1970 283 City Attorney for investigation and report. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays — None. Absent — Councilman Pregler. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider a proposal to amend Ordinance No. 3.34, known as the 'Zoning Map and Zoning Ordinance, so as to change Block 10, Sunset Park Subdivision No. 2, from Single Family Resi- dence 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 set for the public hearing. Mayor Meyers mored that the proof of publication be received and filed. Seconded by Council- man Couchman. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays — None. Absent — Councilman Pregler. ORDINANCE No. 36-70 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 "Single Family Re- sidence District" Classification to "Multiple Family Residence District Classification, said Ordinance having been pre- viously presented and read at the Council meeting of June 29, 1970, Presented for final adoption. ORDINANCE NO. 36.70 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 DESCRIBED FROM "SINGLE FAMILY RESIDENCE: DIS- TRICT" CLASCIFICATION TO "MUL- TIPLE FAMILY HF.SIDENCE DIS- TRICT" CLASSIFICATION. NOW THEREFORE BE: 11' ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section t Thnt Ordinance No. 3.34 known as the "Zoning Map and Zoning Ordinance of the Clty of Dubuque, Iowa" he and the same Is hereby amended by charging from "Single FsnWY Residence District" Classifies tion to "Multiple Family Residence Dts- trict" classification the following de- scribed real estate, to -wit: Block 10, Sunset Park Subdivision No. '! in the C1ty of Dubuque, Iowa. Section 2. 'I hat the foregoing Amend. ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this utit day of July 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Gaylord M, Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Published officially In The Telegraph- lerald Newspaper this 23rd day of .1uly 1970. Leo F. Frnmmelt City Clerk It. 7/23 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- hauer. Nays — None. Absent — Councilman Pregler. ORDINANCE No. 38.70 An Ordinance amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new subsection 105 to Schedule VI thereof to prohibit parking of motor vehicles on the north side of Kane Street from Ken Court to Carter Road, presented and read. Councilman Couchman moved that the reading just had be con. sidered the first reading of the Or- dinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays — None. Absent — Councilman Pregler. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three sepa. rate days be waived. Seconded by Councilman Bitter. Carried by the following vote: yeas -- Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays — None. Absent — Councilman Pregler. ORDINANCE NO. 39.70 AN ORDINANCE. AMENDING ORDI- NANCE NO. 33.49 KNOWN As THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED, BY ENACT- 284 Special Session, July 20, 1970 ING A NEW SUBSECTION 105 TO SCHEDULE VI THEREOF TO PRO- HlBrrCLES ONRK HE NORTHING OFT SIDE OF KANE STREET FROM KEN COURT TO CARTER ROAD. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33.49 known as the... Code of Du- buque, Iowa" as amended, be and the same as hereby amended by enacting a new Subsection 105 to Schedule V1 thereof as follows: SCHEDULE VI. 105. North side of Kane Street from Ken Court to Carter Road. Passed, approved and adopted this 20th day of July, 1970. Donald R. Meyers Mayor Wayne A. Moldenhaurr Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Published officially In The Telegraph• Herald Newspaper this 23rd day of July, 1970. Leo F. Frommelt City Clerk 7.23 Councilman Couchman moved fi- nal adoption of the Ordinance. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays — None. Absent — Councilman Pregler. ORDINANCE NO. 39.70 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new subsection 22 to Section A of Schedule 111 thereof to provide that east and west bound vehi- cles on Goethe street must stop before entering the intersection of Sheridan 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 Bitter. Carried by the follow- ing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden• hauer. Nays—None. Absent—Councilman Pregler. 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. Nays—None. Absent—Councilman Pregler. G AS A TO ON BF, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 53.49 known as the "Traffic Code of Du- buque, Iowa" as amended, be and the same is hereby amended by enacting a new Subsection 22 to Section A of Schedule III thereof as follows: SCHEDULE M. A. East Bound and westbound vehl. hicles must stop before entering the intersection of: 22. Sheridan Street and Goethe Street. Passed, approved and adopted this 20th day of July, 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Published officially in The Telegraph - Herald Newspaper this 23rd day of July 1970. Leo F. Frommelt City Clerk t. 7129 Councilman Couchman moved final adoption of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays—None. Absent—Councilman Pregler. Petition of John J. Cody of Lor - as College requesting permission to hold a bonfire on October 2, 1970 and a parade on October 3, 1970 to celebrate Homecoming and the resumption of football at Lor - as, presented and read. Mayor Mey- ers moved that the petition be re- ferred to the Manager and staff. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays—None. I Absent—Councilman Pregler. Special Session, July 20, 1970 285 Petition of Robert C. Wahlert requesting permission to extend the Moore Heights Sanitary Sewer, at his expense, approximately 100', presented and read. Mayor Meyers moved that the petition be granted. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays—None. Absent—Councilman Pregler. Petition of Marine Corps League requesting permission to hold a pa- rade on September 5, 1970 being a round up day celebration spon- sored by Colt .45 Drum and Bugle Corps, presented and read. Mayor Meyers moved that the petition be referred to Manager and staff. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays—None. Absent—Councilman Pregler. Petition S. J. Frommelt request- ing permission to excavate at 465 Huff Street, to connect to water main, presented and read. Council- man Bitter moved that the petition be approved. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays—None. Absent—Councilman Pregler. Petition of Canfield Hotel re- questing replacement of a street light at 4th & Iowa Street present- ed and read. Councilman Bitter moved that the petition be referred to the Manager and Engineering Department for investigation and report. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays—None. Absent—Councilman Pregler. Petition of Dubuque Auto Ex- change Co. requesting replacement of a street light at 4th & Iowa Street, presented and read. Coun. cilman Bitter moved that the peti• tion be referred to the Manager and Engineering Department for investigation and report. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer. Nays—None. Absent—Councilman Pregler. Proofs of Publication, certified to by the Publishers, of notice of public hearing of levy of special assessments and intention of the Council to issue bonds for con. struction of City of Dubuque 1969 Concrete Curb & Gutter Project No. 1 on: Pennsylvania Avenue f r o m W.P.L. of Key Knolls Subdivision to W.P.L. of Lot 2-1 of the E% of SW1/4 Sec. 21 T. 89 N. R. 2E. Perry Street from the alley west of Grandview Avenue to E.P.L. of Rider Street, 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 Bitter 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, Molden- hauer. Nays — None. Absent — Councilman Pregler. Statement of City Clerk certify- ing that notices of levy of assess- ments where mailed by certified mail on June 16, 1970 to property owners of record, subject to assess- ment, to pay cost of constructing 1969 Concrete Curb & Gutter Pro- ject No. 1, presented and read. Councilman Bitter moved that the statement be received and filed. Se- conded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays — None. Absent — CouncIlman Pregler. Statement of Ray D. Rampson, a member of the Engineering de - notices of partment, vvwe a t posted in e assessable area of City of Dubuque 1969 Con- crete Curb & Gutter project No. 1 on June 25, 1970, presented and 288 Special Session, July 20, 1970 read. Councilman Bitter moved that the statement be received and filed. Seconded by Council- man Couchman. Carried by the fol- lowing vote: Yeas - Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays - None. Absent. - Councilman Pregler. RESOLUTION No. 201.70 SCHEDULE OF ASSESSMENTS RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for City of Dubuque 1969 Concrete Curb & Gutter Project No. 1 on Pennsylvania Avenue from W.P.L. of Key Knolls Sub• division to the W.P.L. of Lot 2.1 of the E% of SW iia of Section 21, T. 89, N. R. 2E. Perry Street from the alley west of Grandview Ave. to E.P.L. of Rider Street, by Tri-State Paving 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, 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 CONCRETE CURB & GUTTER PROJECT NO. I Total Construction Cost ......................................$40.222.04 City Share -Construction .......................... 27,397.48 Assessable Share -Construction ........................ 12,824.56 20% Engineering Expense ........................ 2.564.91 5% Interest -52 days .................................. 92.62 *Total Assessment Amount ..................................$15.482.09 City Share -Construction ............................ 27,397.48 City Share -Engineering ............................ 4,133.03 TOTAL COST: ..............................................$47,012.60 *of this amount the City will be paying $4,020.16 for lots in the county and property purchase. SCHEDULE OF ASSESSMENTS For Pennsylvania Ave. -Curb & Gutter-WPL Key Knolls Sub. to the WPL of Lot 2.1 of E.1/2-S.W./2• Sec. 21 T. 89N. R. 2E. S P.M. Dubuque Community School District, Lot 1.2, E.2/2-S.W.N-Sec. 21 T. 89N. R2E......................................................................................$1,922.14 Dubuque Community School District, Lot 2-1, E.%-S.W.1/4-Sec. 21 T. 89N. R2E................................................................................ 5,783.91 Sisters of the Presentation, Lot 1-2, Byrnes Subdivision ................ 176.90 *Sisters of the Presentation, Lot 3, Byrnes Subdivision ................ -01 **Ret Corporation, Lot 1, N.E.1/4-N.W.1/4-Sec. 28 T. 89N. 112E ...... -0- $7,882.95 *Outside City Limits to be paid by City of Dubuque: Sisters of the Presentation, Lot 3, Byrnes Subdivision ............................ 8.22 *"Property Purchase Agreement paid by City of Dubuque: Ret Corporation, Lot 1, N.E.'/4-N.W.'/4-Sec. 28 T. 89N. R2E ........ 4,011.94 $11,903.11 7969 Cu. Yds. Excavation @ 1.30 ....................................................$10,359.70 2 30" Flared End (4 150.00 .................................................. I............. 300.00 4275 Sq. Yds. Seeding @ 0.20 ........................................................ 855.00 1928 Cu. Yds. Fill @ 1.30................................................................ 2,506.40 472 Lin. Ft. Fence -remove & replace (! 1.25 ............................ 590.00 5 Sq. Yds. Concrete Remove (a) 2.00 ................................................ 10.00 4.8 Sq. Yds. Concrete Driveways @ 8.75 ...................... 42.00 .................. 1 Concrete Intake Box (41 300.00 .................................. ................. 300.00 126 Lin. Ft. 30" Corrugated pipe removal 0- 0.60 .................... 75.60 97.7 Tons 3/4" Stabilized rolled stone base (yi) 3.50 ................ 341.95 3 Wing walls & Apron removal (co% 125.00 .................................... 375.00 Special Session, July 20, 1970 287 3 Concrete Collars C', 75.00............................................................ 225.00 2573.6 I.in. Ft. Comb. C&G Type "A" @ 3.00 ................................ 7,720.80 186.6 Lin. Ft. Comb. C&G Type "B" @ 3.20 ................................ 597.12 30 Lin. Ft. 15" R.C.C.P. @ 7.50 ........................................................ 225.00 111 I.in. Ft. 18" R.C.C.P. @ 8.50 .................................................... 943.50 47 Lin. Ft. 21" R.C.C.P. @ 9.50 ........................................................ 446.50 42 Lin. Ft. 24" R.C.C.P. @ 10.50 .................................................... 441.00 3 Double Catch Basins @ 500.00 .................................................... 1,500.00 1 Special Double Catch Basin (& 1000.00 ........................................ 1,000.00 125 Lin, Ft. 30" R.C.C.P. Cn? 12.00 .................................................... 1,500.00 EXTRA WORK @ LUMP.................................................................... 171.75 Total Cost........................................................$30,526.32 City Share ...................................................... 20,666.40 Assessable ..................................................$ 9,859.92 20% Engineering ...................................... 1,971.98 5% Interest/52 days ................................ 71.21. TOTAL ASSESSABLE ................................$11,903.11 All of which is assessed in proportion to the special benefits conferred. Perry Street Curb & Gutter from the alley west of Grandview Avenue to the East Property Line of Rider Street. Leo & Dorothy Cox, 24, Block 6 Grandview Park Add .............$ 55.14 Leo & Dorothy Cox, 25, Block 6 - Grandview Park Add ............. 77.84 Leo & Dorothy Cox, 26, Block 6 Grandview Park Add ............. 88.15 Leo & Dorothy Cox, 27, Block 6 Grandview Park Add ............. 88.40 Vera C. Rederus, 28, Block 6 - Grandview Park Add . ................ 122.21 Vera C. Rederus. 29, Block 6 - Grandview Park Add ................. 88.40 John Duane & Audrey Mortensen, 30, Block 6 Grandview Park Add ......................... 88.40 John Duane & Auarey Mortensen, 31. Block 6 Grandview Park Add ......................... 134.88 John Duane & Audrey Mortensen, 1-32, Block 6 - Grandview Park Add ..................... 44.21 Donovan F. & Marjorie M. 44.21 Ward, 2.32, Block 6 - Grandview Park Add . ............................ Donovan F. & Marjorie M. 137.00 Ward, 33, Block 6 - Grandview Park Add . ................................ Donovan F. & Marjorie M. 88.40 Ward, 34, Block 6 - Grandview Park Add . ................................ George W. & Helen F. 123.27 Chapman, 35, Block 6 - Grandview Park Add . ........................ George W. & Helen F. 88.40 Chapman, 36, Block 6 Grandview Park Add . ........................ George W. & Helen F. Chapman, 1-37, Block 6 - Grandview Park Add . .................... 44.21 James & Sheila Finn, 2-37, Block 6 - Grandview Park Add. .... 44.21 James & Sheila Finn, 38, Block 6 . Grandview Park Add......... 88.40 88.40 James & Sheila Finn, 39, Block 6 - Grandview Park Add......... John G. & Genevieve J. 86.30 Kiefer, 1, Block 15 - Grandview Park Add . ............................ John G. & Genevieve J. 86.39 Kiefer, 2, Block 15 - Grandview Park Add . ............................ John G. & Genevieve J. 43.21 Kiefer, 2-3, Block 15 - Grandview Park Add . ................ Walter K. & Lulu M. 43.21 Schoby, 1-3, Block 15 Grandview Park Add . ........................ Walter K. & Lulu M. 86.39 Schoby, 4, Block 15 - Grandview Park Add . ............................ Walter K. & Lulu M. 120.19 Schoby, 5, Block 15 - Grandview Park Add . ............ Cletus F. & Marjorie G. 86.39 Kemp, 6, Block 15 - Grandview Park Add . ............................ 288 Special Session, July 20, 1970 $ 988.00 Cletus F. & Marjorie G. 66.00 Kemp, 7, Block 15 - Grandview Park Add . ........................... 86.39 Cletus F. & Marjorie G. 1069.3 Sq. Yds. Cone. Removal G, 2.00 ............................................ Kemp, 2.8, Block 15 - Grandview Park Add . ............................ 77.0] Frances L. & M. D. 35.7 Sq. Yds. Cone. Driveways Cu 8.76312.38 ............................................ Conlon, 1-8, Block 15 - Grandview Park Add . ....................... 43.21 Frances L. & M. D. 35.8 Lin. Ft. Cone. C&G Type "B" C& 3.20...................................... Conlon, 9, Block 15 . Grandview Park Add . ........................... 86.39 Frances L. & M. D. 41 Lin. Ft. 24" R.C.C.P. r9 10.50 ........................................................ Conlon, 10, Block 15 - Grandview Park Add . ........................ 130.75 J. Timothy & Deanne All of which is assessed in proportion to the special benefits conferred. McNeil, 11, Block 15 - Grandview Park Add . ........................ 120.19 J. Timothy & Deanne McNeil, 12, Block 15 Grandview- Park Add . ........................ 86.39 Arabell Weber, 13, Block 15 Grandview Park Add. ................ 120.19 Arabell Weber, 14, Block 15 Grandview Park Add . ................ 86.39 Vincent J. & Ruth Connolly, 15, Block 15 - Grandview Park Add . .................... 86.39 Vincent J. & Ruth Connolly, 16, Block 15 - Grandview Park Add . .................... 120.19 Vincent J. & Ruth Connolly, 17, Block 15 Grandview Park Add . .................... 40.61 Chester G. & Wilma A. Robinson, 18, Block 15 - Grandview Park Add . .................... 85.69 Chester G. & Wilma A. Robinson, 19, Block 15 Grandview Park Add . .................... 45.10 Chester G. & Wilma A. Robinson, 20, Block 15 Grandview Park Add . .................... 13.08 Dubuque Golf Club, 32, Block 15 Grandview Park Add. ........ 2.72 Dubuque Golf Club, 33. Block 15 Grandview Park Add. ........ 6.72 Dubuque Golf Club, 34, Block 15 Grandview Park Add. ........ 10.39 Dubuque Golf Club, 35, Block 15 Grandview Park Add. ........ 12.65 Dubuque Golf Club, 36, Block 15 Grandview Park Add. ........ 12.65 Dubuque Golf Club, 37, Block 15 Grandview Park Add. ........ 12.65 Dubuque Golf Club, 38, Block 15 - Grandview Park Add. ........ 12.65 Dubuque Golf Club, 39, Block 15 Grandview Park Add. ........ 12.65 Dubuque Golf Club, 40, Block 15 Grandview Park Add. ........ 1265 Dubuque Golf Club, 41, Block 15 Grandview Park Add. ........ 12.65 Dubuque Golf Club, 42, Block 15 Grandview Park Add. ........ 12.65 Dubuque Golf Club, 43, Block 15 Grandview Park Add......... 12.65 Dubuque Golf Club, 44, Block 15 Grandview Park Add. ........ 12.65 Dubuque Golf Club, 45, Block 15 - Grandview Park Add......... 12.65 Dubuque Golf Club, 46, Block 15 Grandview Park Add......... 12.65 Dubuque Golf Club, 47, Block 15 - Grandview Park Add. ........ 12.65 Dubuque Golf Club, 48, Block 15 - Grandview Park Add. ........ 12.65 Dubuque Golf Club, 49, Block 15 Grandview Park Add. ........ 12.65 Dubuque Golf Club, 50, Block 15 - Grandview Park Add......... 12.65 Dubuque Golf Club, Vacated Morgan Street .............................. 42.88 $3,578.98 760 Cu. Yds. Excavation Cf 1.30 $ 988.00 110 Sq. Yds. Sod - in place 0, 0.60 ................................................ 66.00 1 Junction Box wiring & cover a. 300.00 ....................................... 300.00 38.2 Sq. Yds. Driveway Slab G1 8.00 ................................................ 305.60 1069.3 Sq. Yds. Cone. Removal G, 2.00 ............................................ 2,138.60 677.5 Sq. Yds. Sidewalk - 4" C., 0.65 ................................................ 440.38 35.7 Sq. Yds. Cone. Driveways Cu 8.76312.38 ............................................ 845.9 Lin. Ft. Cone. C&G Type "A" C4) 3.00 .................................... 2,537.70 35.8 Lin. Ft. Cone. C&G Type "B" C& 3.20...................................... 114.56 2 Lin. Ft. 18" R.C.C.P. (0) 8.50 17.06 41 Lin. Ft. 24" R.C.C.P. r9 10.50 ........................................................ 430.50 Stone Pillars - remove, LUMP 50.00 All of which is assessed in proportion to the special benefits conferred. 2 Catch Basin Single (a, 300.00....... ................................................. 600.00 Special Session, July 20, 1970 289 10 Replace water boxes w/Buffalo Boxes a 30.00 ........................ 300,00 1 Tree removal 6" - 9" CQi $25.00 ........................................................ 25.00 2 Tree removal loll - 12" C' 35.00 .................................................... 70.00 1 Tree removal 13 15 @ 50.00 .................................................... 50.00 1 Tree removal 19" 24" @ 200.00 ................................................ 200.00 2 Tree removal 25" 30" (0) 225.00 ................................................ 450.00 1 Tree removal 37" • 48" @0 300.00 ................................................ 300.00 TotalCost........................................................$9,695.72 CityShare ........................................................ 6,731.08 Assessable........................................................$2,963.64 20% Eng........................................................... 592.93 5% Int./52 days .......................................... 21.41 TOTAL ASSESSABLE ....................................$3,578.98 Passed, adopted and approved this 20th day of July 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved final adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays — None. Absent — Councilman Pregler. Proofs of Publication, certified to by the Publishers, of Notice of public hearing to consider a pro- posal to authorize the issuance of $15,482.09 Street Improvement Bonds for the purpose of paying the assessed cost of constructing City of Dubuque 1969 Concrete Curb & Gutter Project No. 1, pre- sented and read. Councilman Couchman moved that the proofs of publication be received and filed. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays — None. Absent — Councilman Pregler. RESOLUTION No. 202.70 RESOLUTION PROVIDING FOR THE ISSUANCE OF STREET IM- PROVEMENT BONDS FOR THE PURPOSE OF PROVIDING FOR THE PAYMENT OF THE ASSES- SED COST OF CITY OF DUBU- QUE 1969 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 $15,482.09 Dollars of the cost there- of shall be assessed against the pro- perty subject to assessment there- for; 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 of the improvement of CITY OF DUBU- QUE 1969 CONCRETE CURB & GUTTER PROJECT NO. 1 on the following named streets: 1. Pennsylvania Avenue — from W.P.L. of Key Knolls Subdivi- sion to the W.P.L. of Lot 2.1 of the Elft of the SWI/4 of Section 21, T. 89N. R. 2 E. 2. Perry Street—from the alley west of Grandview Avenue to the E.P.L. of Rider Street. there shall be issued street im- provement bonds in the amount of $15,000.00 Dollars in anticipation 290 Special Session, July 20, 1970 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 August 19, 1970; and shall be numbered con- secutively; and they shall be nu- mbered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: 1 1493.1495 $500.00 April 1, 1971 2 1496.1498 $500.00 April 1, 1972 3 1499.1501 $500.00 April 1, 1973 4 1502-1504 $500.00 April 1, 1974 5 1505-1507 $500.00 April 1, 1975 6 1508.1510 $500.00 April 1, 1976 7 1511.1513 $500.00 April 1, 1977 8 1514-1516 $500.00 April 1, 1978 9 1517-1519 $500.00 April 1, 1979 10 1520-1522 $500.00 April 1, 1980 3. Said bonds shall bear interest at the rate of seven per cent per annum, payable semiannually in 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 substant- ially 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 amen- ded, and the Resolution of said City duly passed on the twentieth day of July, 1970, being Resolution No.......................................................... This Bond is one of a series of thirty bonds, all for $500.00 num. bered from 1493 through 1522, all of like tenor and date, and issued for the purpose of providing for the payment of the City of Du. buque, 1969 Curb & Gutter Pro. ject No. 1 as described in said Re. solution. 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 pay. able only out of the Special Assess. ment Fund 1279 created by the col. lection of said special tax, and said fund can be used for no other pur- pose. It is hereby certified and recited t hat 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 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 counter -signed by its City Clerk and the Seal of said City to be thereto affixed, this twen. tieth day of July, 1970. Donald R. Meyers, Mayor Leo F. Frommelt, 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..................................................... ....................................... Mayor ......................................... City Clerk Special Session, July 20, 1970 291 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 is hereby instructed to reg- ister 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 1279 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 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 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 twentieth day of July, 1970. Donald R. Meyers Mayor 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 Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Nays—None. Absent—Councilman Pregler. Proof of Publication, certified to by the Publisher, of Notice of time and place of hearing to consider Proposal to dispose of the unvacat ed portion of Sycamore Street sit uated north of the north side of 16th Street running northerly to: the south side of the vacated por tion of East 19th Street in the City A Dubuque, Iowa, to Dubuque racking Company, for the pur- :hese price of $100 plus costs of publication, 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 Couchman moved that the proof of publication be re - r eived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays—None. Absent --Councilman Pregler. RESOLUTION NO. 203.70 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 Dubuque, Iowa on June 19, 1970 and June 26, 1970, City Council of Dubuque, Iowa met on the 20th day of July, 1970 at 7:30 o'clock P.M. Central Daylight Sav- ings Time, in the City Council Chamber, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque to the unvacated portion of Sycamore Street situated north of the north side of 16th Street running northerly to the south side of the vacated portion of East 19th Street in the City of Dubuque, Iowa to Dubuque Packing Compa- ny, 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 Du- buque Packing Company: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa S*etion 1. That the disposal of interest of City of Dubuque, Iowa in real estate to Dubuque Packing Company covering the following described real estate, to -wit; The unvacated portion of Syca-.. more Street situated north of the north side of 16th Street running northerly to the south side of the vacated portion of East 1911h Street in the City of Dubuque, Iowa 292 Special Session, July 20, 1970 subject to perpetual easement to the City for all public utilities 10- cated therein for the location, re- pair and maintenance of said pub- lic utilities and for the right of ingress and egress, for the pur- chase price of $100.00 plus costs of publication. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver deed of con. veyance to Dubuque Packing Com- pany upon receipt of total pur- chase price in the amount of $100.00 plus costs of publication. 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 Dubuque County Recorder. Passed, approved and adopted this 20th day of July, 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Counciman 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. Nays—None. Absent—Councilman Pregler. RESOLUTION No. 204-70 SUBDIVIDING CERTAIN LOTS IN THE DOWNTOWN URBAN RENE- WAL PROJECT AREA FOR PUB- LIC RIGHT-OF-WAY AND OTHER PURPOSES AND AMENDING RE- SOLUTION 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 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 otherwise pre- pared certain land for reuse pur- poses; 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 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 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 dated May 28, 1970, of the Subdivision of City Lot 173 in the City of Dubu- que, Iowa; and of the Subdivision of Lot No. 1, Lot No. 2, Lot No. 3, Lot No. 4, and Lot No. 5, each in Weigel's Subdivision of Lot No. 180 and the South 11 feet of City Lot No. 179, City of Dubuque, Iowa, by Carl F. Bartels, licensed Professional Civil Engineer and Land Surveyor, be and the same is hereby approved. Section 2. That Section 1 of Re- solution 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 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 Asse-sor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of July, 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- Special Session, July 20, 1970 293 ed by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer. Nays — None. Absent — Councilman Pregler. RESOLUTION No. 205.70 DEDICATING CERTAIN LOTS IN THE DOWNTOWN URBAN RE- NEWAL PROJECT AREA FOR STREET PURPOSES AND AMENDING RESOLUTION NO. 54-70 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, demolished and removed site improvements, and has other- wise prepared certain land for re- use purposes; and WHEREAS, a plat dedicating certain lots for street purposes has been examined by the City of Du- buque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zoning Commission of the City of Dubuque, Iowa, and 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 DU- BUQUE, IOWA: Section 1. That the plat dated May 28, 1970, dedicating Lot 2 of City Lot 173 in the City of Dubu- que, Iowa, and Lot 2 of Lot No. 1, and of Lot 2 of Lot No. 2, and of Lot 2 of Lot No. 3, and of Lot No. 2 of Lot No. 4, and of Lot No. 2 of Lot No. 5, each in Weigel's Subdi- vision of City Lot No. 180 and the South 11 feet of City Lot No. 179, City of Dubuque, in the City of Du- buque, Iowa, by Carl F. Bartels, li- censed Professional Civil Engineer and Land Surveyor, be and the same is hereby approved, and the dedications of said Lots for public street purposes as West Eighth Street and West Sixth Streets re- spectfully together with easements for public utilities as the same ap- pears upon said plat, be and the same are hereby accepted. Section 2. That Section 4 of Re- solution No. 5470 adopted the 2nd day of March 1970, as it heretofore existed be and the same is hereby repealed and declared null and void. Section S. 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 Re- solution 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 adoptsd this 20th day of July, 1970. Donald R. Mayors Mayor 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, Council- men Bitter, Couchman, Molden- hauer. Nays — None. Absent — Councilman Pregler. RESOLUTION No. 206.70 APPROVING A PLAT IN DUBU- QUE DOWNTOWN PLAZA IN THE CITY OF DUBUQUE, IOWA AND AMENDING RESOLUTION NO. 55.70 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 undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal 294 Special Session, July 20, 1970 Plan for said Project, has acquired real estate, relocated site occu- pant -z, demolished and removed site improvements, and has other- wise prepared certain land for re- use purposes; and WHEREAS, a plat of Block 9 in Dubuque Downtown Plaza being comprised of Lot lof City I.ot 173• City Lot 174, City Lot 175, City Lot 176a, City Lot 177, City Lot 178, North 53 feet of City Lot 179, each in the City of Dubuque, Iowa, and of City Lot 173A, City Lot 174A. City Lot 176B, City Lot 177A, City Lot 178B, each in the City of Du- buque, Iowa, and of Lot 1 of Lot No. 1, Lot 1 of Lot No. 2, Lot 1 of Lot No. 3, Lot 1 of Lot No. 4, Lot I of Lot No. 5, and of Waterway 32� feet wide and 75 feet long, each in Weigel's Subdivision of City Lot No. 180 and of the South 11 feet of City Lot No. 179, City of Dubuque, in the City of Dubuque, Iowa, has been examined by the City Coun- cil 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 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 therfore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the plat of Block 9 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, dated May 28, 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 third Where- as Clause and Section 1 of Resolu- tion No. 55-70 adopted the 2nd day of March 1970, as they heretofore 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 authrozed 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 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 20th day of July, 1970. Donald R. Meyers Mayor 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, Council. men Bitter, Couchman, Molden- hauer. Nays — None. Absent — Councilman Pregler. RESOLUTION No. 207.70 AUTHORIZING THE EXECUTION AND DELIVERY OF DEED TO FISCHER AND COMPANY, INC. FOR SALE OF LAND IN THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 WHEREAS, the City of Dubuque and Fischer and Company, Inc. have or will enter into a Contract for the Sale of Land in the Down- town Urban Renewal Project, Iowa R-15, for private redevelopment by Fischer and Company, now there- fore 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 for the sale of the real estate described hereinbelow to Fischer and Com- pany, Inc. Lot 1 of Subdivision of City Lot 146 and the southerly 11.2 feet of City Lot 147 in the City of Dubuque, Iowa, containing 5,527.64 square feet, more or less. Section 2. That the Director of the Department of Urban Renewal is hereby authorized and directed Special Session, July 20, 1970 295 to deliver said Deed to Fischer and Company, Inc. upon receipt of the purchase price of $30,875.74 on the basis of $4.73 per square foot. Passed, approved and adopted this 20th day of July, 1970. Donald R. Meyers Mayor 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 Couchman. Car- ried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer. Nays—None. Absent—Councilman Pregler. RESOLUTION NO. 208.70 AUTHORIZING THE EXECUTION AND DELIVERY OF DEED TO ABELN ABSTRACT COMPANY FOR SALE OF LAND IN THE DOWNTOWN URBAN RENEWAI. PROJECT, IOWA R-15 WHEREAS, the City of Dubuque and Abeln Abstract Company have or will enter into a Contract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private redevelopment by Abeln Abstract Company; 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 for the sale of the real estate de- scribed hereinbelow to Abeln Ab- stract Company. Lot 2 of Block 3 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, containing 5,846.00 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 Abeln Ab- stract Company upon receipt of the purchase price of $14,615.00 on the basis of $2.50 per square foot. Passed, approved and adopted this 20th day of July, 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays—None. Absent—Councilman Pregler. RESOLUTION NO. 209.70 AUTHORIZING THE EXECUTION AND DELIVERY OF DEED TO R & E ENTERPRISES, INC. FOR SALE OF LAND IN THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 WHEREAS, the City of Dubuque and Joseph M. Sherman and Doris Al. Riekena have or will enter into a Contract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private re- development by R & S Enterprises, Inc.; and WHEREAS, Joseph M. Sherman and Doris M. Riekena have formed R & S Enterprises, Inc., an Iowa Corporation, for the purchase of and redevelopment of said real es. tate, 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 for the sale of the real estate described hereinbelow 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 Urban Renewal is hereby authorized and directed to deliver said Deed to R & S En- terprises, Inc. upon receipt of the purchase price of $23,391.75 on 296 Special Session, July 20, 1970 the basis of $2.50 per square foot. Passed, approved and adopted this 20th day of July, 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays—None. Absent—Councilman Pregler. RESOLUTION NO. 210.70 DEFINING COMMERCIAL SERVICE AREA IN THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15, TO INCLUDE BUS PASSENGER TERMINAL WHEREAS, R & S Enterprises, Inc. is purchasing property legally described as Lot 2 of Block 6 in Dubuque Downtown Plaza, City of Dubuque, Iowa, in the Downtown Urban Renewal Project, Iowa. R-15, for the purpose of constructing thereon a Bus Passenger Terminal; and WHEREAS, said parcel of real estate is in the Commercial Servi^e Area which does not specifically set forth `Bus Passenger Termi- nal" as a permitted use; and WHEREAS, the intent of the Commercial Service Area is to pro- vide for those uses which are com- patible with, support and strength- en the Central Business District re- tail area, and contribute to the eco- nomic and functional strength of the entire downtown area; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That it is hereby found and determined that one of the permitted uses in the Commer. cial Service Area in the Downtown Urban Renewal Project, Iowa R-15, is a "Bus Passenger Terminal" ex- cluding therefrom, however, any provision for bus garaging and maintenance. Section 2. That the proposed re. development of Lot 2 of Block 6 in Dubuque Downtown Plaza, City of Dubuque, Iowa, as a Bus Pas. senger Terminal by R & E Enter. prises, Inc. is a use permitted by the approved Urban Renewal Plan as recorded in the Office of the Recorder of Dubuque County, Iowa, in Book 295 of Mortgages, Pages 235 to 259. Passed, approved and adopted this 20th day of July, 1970. Donald R. Meyers Mayor 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. Nays—None. Absent—Councilman Pregler. RESOLUTION NO. 211.70 AUT`HORIZI `G THE MAYOR AND CITY CI.F.RK TO EXECUTE AN AGREEMENT EXEMPTING CERTAIN REAL ESTATE FROM ACQUISITION IN THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 WHEREAS, the City Council on June 9, 1970, adopted Resolution No. 165-70 declaring their intent to exempt from acquisition real es- tate described as the Easterly 25 feet of City Lot 752 and the East- erly 25 feet of the Southerly 54 feet 1 inch of City Lot 753 in the City of Dubuque, Iowa, also known as Acquisition Parcel 9-4 in the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the First National Bank of Dubuque in reliance on said Resolution No. 165.70 has pur- chased said real estate, has sub- mitted a satisfactory plan for the redevelopment of said real estate, and has otherwise complied with the conditions of said Resolution; now therefore BE IT RESOLVED by the City Special Session, July 20, 1970 297 Council of the City of Dubuque, Iowa: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute an Agree- ment with the First National Bank of Dubuque to exempt the real estate hereinbefore described from acquisition for the Downtown Ur- ban Renewal Project, Iowa R-15, subject to the redevelopment of the real estate in the time period to be mutually established by and between the Department of Urban Renewal and the First National Bank of Dubuque. Passed, approved and adopted this 20th day of July, 1970. Donald R. Meyers Mayor 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. Nays—None. Absent—Councilman Pregler. RESOLUTION NO. 212-70 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. Michael Chalder, 1091 Main Street Herbert Bisping, 1401 Elm Street Vada Jean Nease, 400 Central Ave- nue Ronald Blakeman, 1902 Central Avenue Dennis K. Manahl, 3201 Central Avenue Patrick Zamies, 2600 Dodge Street Plaza 20 BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 20th day of July, 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Biter moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by_the following vote: -Yeas - Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays—None. Absent—Councilman Pregler, RESOLUTION NO. 213.70 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 Catherine Lester, 1322 Central Ave. Vada Jean Nease, 400 Central Ave. Passed, adopted and approved this 20th day of July, 1970. Donald R. Meyers Mayor Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Counciman 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. Nays — None. Absent — Councilman Pregler. RESOLUTION NO. 214.70 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun. cil; and 298 Special Session, July 20, 1970 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 Catherine Lester, 1322 Central Ave. Vada Jean Nease, 400 Central 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 20th day of July, 1970. Donald R. Meyers Mayor 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, Council- men Bitter, Couchman Molden- hauer. Nays — None. Absent — Councilman Pregler. RESOLUTION NO. 215-70 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 fol- lowing applications be granted and licenses issued upon the compli- ance with the terms of the IOWA LIQUOR CONTROL ACT—CHAP- TER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Pete S. Sfikas & Gust Karigan, 401- 405 Central Avenue Vada Jean Nease, 400 Central Ave- nue Passed, adopted and approved this 20th day of July, 1970. Donald R. Meyers Mayor 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. Nays—None. Absent—Councilman Pregler. RESOLUTION NO. 216.70 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 ordi- nances 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 authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Pete S. Sfikas & Gust Karigan, 401- 405 Central Avenue Vada Jean Nease, 400 Central Ave- nue Passed, adopted and approved this 20th day of July, 1970. Donald R. Meyers Mayor 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. Nays—None. Absent—Councilman Pregler. Communication of Don Mueller submitting his resignation from the Special Session, July 20, 1970 299 Dubuque Dock Commission effec- tve August 17, 1970, presented and read. Councilman Bitter moved that the resignation be accepted with regret and the Mayor be instructed to write a letter of commendation to Mr. Mueller. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays—None. Absent—Councilman Pregler. At 9:15 P.M. Mayor Meyers moved to go into executive session to discuss personnel appointments to the Dubuque Advisory Commis- sion. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer. Nays—None. Absent—Councilman Pregler. The Council reconvened in regu- lar session at 9:45 P.M. Councilman Bitter moved that Joe Paradiso, Mrs. Doyle Smith and Rev. Antho- ny W. Sigwarth be reappointed to the Dubuque Advisory Commission to serve three years from June 1, 1970; Mr. Alvin E. Lundh be ap- pointed to replace Robert A. Lung- witz for a three year term to June 1, 1973; C. Robert Justmann be ap- pointed to replace Joseph L. Ragatz for a three year term to June 1, 1973; J. Timothy McNeil be appoint- ed to fill the unexpired term of Owen Riley to June 1, 1972. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- cilmen Bitter, Couchman, Molden. hauer. Nays—None. Absent—Councilman Pregler. 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- hruer. Nays — None. Absent — Councilman Pregler. Leo F. Frommelt City Clerk Approved November 2, 1970 Adopted ..November 2, 1970 City Clerk 300 Special Session, July 27, 1970 CITY COUNCIL OFFICIAL Special Session, July 27, 1970. Council met at 7:30 P.M. Cen- 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 and this meeting is called for the purpose of CON- DUCTING A PUBLIC HEARING ON THE RESOLUTION OF NECES. SITY FOR THE TOWN CLOCK RE- MOVAL AND RELOCATION PRO- JECT and acting upon such other business as may properly come be- fore a regular meeting of the Coun- cil. July 22, 1970 To the Honorable Mayor and City Council I am returning to you the peti- tion of Mr. Burroughs and Mr. Murphy requesting the correction of a water drainage problem and suggesting that the petitioners would accept the vacated alley way which the water course would run. I inspected the area. It appears that the alley way is an entry way to Mr. Burroughs residence and services other abutting property from Levi Street to the Burroughs property where the alley right-of- way passes along the Burroughs property and between the houses belonging to Burroughs and Mur- phy, the alley right-of-way is an impassable, steep rock to English Lane and runs along the edge of a fifteen to twenty foot verticle drop to Murphy's property. Along this way the petitioners or others have constructed a water flume by piling up rock and earth. It also appears to me that no past action or lack of action on the part of the City has caused or in- creased the problem presented by the petitioners. I am also enclosing a letter from Street Commissioner Allen in which he recommends that the flume be improved and connected to a catch basin to be constructed in English Lane and that this ba- sin be connected to an existing ba. sin at Sullivan Street a distance of forty feet. Mr. Allen estimated that this construction would cost the City approximately $600.00 labor and material. I have requested Mr. Allen to proceed with this work. In regard to vacating the alley, it is practical to vacate only that section between Murphy's and Bur. rough's houses. The other portion to Levi Street services other pro- perty holders. Even though the right-of-way is impassable and serves no city pur- pose I do not recommend vacation because storm water must conti- nue to flow along this route. Respectfully, Gilbert 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, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. July 23, 1970 To the Honorable Mayor and City Council Last week you received a copy of the specifications for a new 1,250 G.Y.M. Fire Engine for the Dubuque Fire Department. I present the specifications and ask your endorsement of sending out bids for the fire engine. The estimated cost of this equip- ment has been included in the 1969 Bond Issue for fire equipment. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed and approval be granted to solicit bids. 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 Statement of Receipts and Expenditures and a list of claims for which warrants were issued during the month of June 1970, presented and read. Ma- Special Session, July 27, 1970 301 yor Meyers moved that the proof of publication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. July 24, 1970 To the Honorable Mayor and City Council A request has been received from Marie Duggan for a street light at Harold Street and Clarke Drive. The location has been investigat- ed and it is recommended that a 4000 lumen incandescent light be installed. Respectfully, Gilbert D. Chavenelle City Manager Councilman Couchman moved ap- proval of the Manager's recommen- dation. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. July 24, 1970 To the Honorable Mayor and City Council You referred to the manager and staff a petition from John Cody Jr. (Loras College) for permission to have a bonfire and a parade on October 2nd and 3rd. I would like you to know that due to the danger involved we are denying the request for a bonfire Chief Dunphy will be at Council meeting July 27th and will be avail able to present the case if you sc desire. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved to concur h the recommendation. Seconded b; Councilman Bitter. Carried by th, following vote: Yeas — Mayor Meyers, Cour cilmen Bitter, Couchman, Molder. haver, Pregler. Nays—None. Communication of Councilma Wayne A. Moldenhauer proposin that an award system for City en ployees be considered, who mak suggestions which can result i economies for the City either i mproved operations or services, iresented and read. Mayor Meyers noved that the communication be eferred to the Manager and staff. seconded by Councilman Bitter. tarried by the following vote: Yeas — Mayor Meyers, Council. nen Bitter, Couchman, Molden- iauer, Pregler. Nays — None. Communication of Building Code 'ommittee submitting a new Plumbing Ordinance and recom- mending its adoption, presented ind read. Councilman Couchman moved that a public hearing be held on the Ordinance on Septem- ber 21, 1970 at 7:30 o'clock P.M. Central Daylight Time and the Clerk be instructed to publish pro. per notice. Seconded by Council man Bitter. Carried by the follow- ing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Notice of claim of Mrs. Steve Steffen, in an undetermined amount, for car damage incurred as the result of a malfunction of the ticket arm at the exit of the Locust Street parking ramp on July 16, 1970, presented and read. May- or Meyers moved that notice of claim be referred to the City Attor- ney for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. Notice ofclaim of Howard and Ann Connolly, in an undetermined amount, for property damage as the result of their home being struck by falling branches from a diseased dutch elm tree located on city pro- perty on Dell Street on July 6, 1970, presented and read. Mayor Meyers moved that the notice of claim be referred to the City At- torney for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Dubuque Vaccum and Sewing Center requesting perm s- sion to conduct a "Maxwell Street" 302 Special Session, July 27, 1970 sale on sidewalk at. 1845 Central I Ave. on August 4. 1970, presented and read. Mayor Meyers moved that the petition be referred to the City Manager. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of River Valley Com- munity Action Program requesting payment of $2500 toward the 1970 Summer Governor's Youth Pro- gram, presented and read. Council- man Couchman moved that the pe- tition be referred to the City Ma- nager. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Oxus Grotto request- ing permission to conduct its 50th anniversary parade on September 12, 1970, presented and read. Mayor Meyers moved approval of the pe- tition and same be referred to the Manager and staff for coordina- tion. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of Donald G. Schiel et at (11 signers) requesting an in- crease in lighting in the three block area of University from Lo- ras to Asbury, presented and read. Councilman Pregler moved that the petition be referred to the Ma- nager and Electrical Inspector for investigation and report. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Petition of D.A.V. Fighting Back Chapter No. 6 requesting permis- sion to conduct their annual "For- get Me Not Days" on September 18th and 19th presented and read. Mayor Meyers moved that the pe- tition be approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- Bauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of notice of pu- blic hearing of pendency on reso- lution of necessity and on pro- posed plans, specifications, form of contract for Town Clock Remo. val and Relocation Project, 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 Pregler 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. Communication of Melita A. Smith of 985 White Street request- ing more time if necessary, to at- tain the goal For financing the town cluck removal, 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. Councilman Bitter moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Mr. Ron Baker, architect explain. ed the removal of the town clock in detail. The project cost is in the amout of $62,830. Mr. Charles Mosher of Barton Aschman Asso- ciates was greatly encouraging in his recitation of what the town clock could do for the mall by making it a focal point in the whole mall concept. Attorney Fran- cis O'Connor, in the interest of his client, Anne S. Gallogly, addressed the Council relative to the beano; Special Session, July 27, 1970 supporting the clock tower. If the beams that support the clock are not part of the building itself they should be removed by the city. Mr. Ron Baker the architect stated that he inspected the building and the_ support beams are an integral part of the structure. Mr. Tom Reilly. chairman of the Town Clock com- mittee, stated that $31,961.00 have been donated to date.. The pledged clubs of the City have 100% cooperation. Mr. Tom Gra- ham & Mrs. Broadwater spoke in behalf of the fund drive and seem. ed to be very, optimistic as to the end result. (Necessity for Improvement) RESOLUTION NO. 193.70 WHEREAS, proposed plans, spec- ifications, and form 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 TOWN CLOCK REMOVAL AND RELOCA- TION 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 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. That the cost and expense of making said im. provement be paid from such funds as may be legally used for sueli purposes. The above resolution was intro duced, approved and orderec Placed on file with the City Clerl this 8th day of July, 1970. Approved and placed on file fo: final action. 303 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 27th day of July 1970. Donald R. Meyers Mayor Walter A. Preeler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved that the resolution lie on the table. seconded by Councilman Bitter. Vote on the motion was as follows: Yeas — Councilman Bitter, Mol- denhauer. Nays — Mayor Meyers, CouncU- men Couchman, Pregler. MOTION LOST. Mayors Meyers moved final 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. (Ordering Construction) RESOLUTION NO. 217.70 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a Resolution of Necessity No. 193.70 which was duly passed by this Council for the TOWN CLOCK REMOVAL. AND RELOCATION PROJECT be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the of. fice of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from 304 Special Session, July 27, 1970 such funds as may be legally used for such purposes. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals 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 27th day of July, 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. 216-70 DECLARING INTENT TO SELL A PORTION OF THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA -R-15. TO R & S ENTER- PRISES, INC. WHEREAS, under date of Au. gust 4, 1969, the Council of the City of Dubuque approved and au• thorized the receiving of proposal for the sale and redevelopment of certain parcels of real estate it the Downtown Urban Renewal Pro ject, Iowa R-15; and WHEREAS, in response to suet offering a proposal for the pur chase and redevelopment of a por tion of the project land was re ceived from R & S Enterprises, Inc and WHEREAS, pursuant to Chapter 403 of the 1966 Code of Iowa, ai amended, and certain regulations of the Department of Housing ane Urban Development, certain docu ments must be made available fo: public inspection and a public hear ing conducted; now therefore BE IT RESOLVED BY THE CITY ,OUNCIL OF THE CITY OF DU- 3UQUE, IOWA: Sectionl. That the City of Du- )uque hereby declares its intent, ifter a public hearing, to dispose A Southerly 15 feet of the Norther. y 65 feet of the Westerly 65 feet of Disposition Parcel No. 1 of Block 1, Downtown Urban Renewal Project, Iowa R-15 to R & S Enter- priese, Inc. in accordance with the erms of the Disposition Documents governing such sale on file in the office of the Department of Urban Renewal. Section 2. That the City Clerk be and is hereby authorized and di- rected to publish notice of public hearing to be held on September 6, 1970, and to make certain docu- ments available for public inspec- tion. Such notice shall be substan- tially in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved, and adopted this 27th day of July, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo 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 Du- buque will hold a public hearing for the purpose of considering the authorization of the execution of proposed agreements by and be- tween the City of Dubuque and the developers hereinafter listed for the purchase and redevelopment of certain parcels of real estate lo- cated in the Downtown Urban Re- newal Project, Iowa R-15, which project includes the area bounded by Fourth Street on the south, Central Avenue on the east, Nineth Street on the north, and Locust Street on the west. NAME OF DEVELOPER, R & S En- terprises, Inc. ADDRESS, 301 Main Street, Du- buque, Iowa. Said hearing will be held in Council Chambers, City Hall, 13th Special Session, July 27, 1970 and Iowa Strecls, Dubuque, Iowa, at 7:30 P.M. on the 8th day of September 1970, and any person or organization desiring to be. heard will be given an opportunity to be heard on the question of the pro. posed disposition. A "Redeveloper's Statement for Public Disclosure" in the form pre- scribed by the Department. of Ilou- sing and Urban Development and the proposed "Disposition Agree- ment" for each of said developers are on file and available for inspec- tion 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 avail- able at the time of the public hear- ing. 2 t. 81-11 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. July 17, 1970 To the Honorable Mayor and City Council Gentlemen: This is to advise you that the sanitary sewer constructed in John F. Kennedy Road from Kaufmann Avenue northerly to Old Timers Athletic Club Place, a distance of 812 feet, has been completed in accordance with plans and specifi- cations by Dick Schiltz and Sons Construction Company of Dubu- que, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the Manager's recommen- dation. Seconded by Councilman Bitter. Carried by the following vote: Yeas -- Mayor Meyers, Council men Bitter, Couchman, Molder hauer, Pregler. Nays — None. FINAL ESTIMATE RESOLUTION NO. 219-70 WHEREAS, the contract for the John F. Kennedy Road Sanitary Sewer -1969. From Kaufmann Ave 305 iue northerly to Old Timers Ath- etic Club Place has been complet- A and the City Engineer has sub- nitted his final estimate showing .he cost thereof including the cost A 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 $6,855.17. That $4,913.18 of the cost thereof shall be assessable upon private property and $1,941.99 shall be paid from the Sanitation Fund of the City of Dubuque. Passed, adopted and approved this 27th day of July, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Jaseph 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, Molden- hauer, Pregler. Nays—None. (A Resolution Accepting Improve- ment and directing the Clerk to publish notice.) RESOLUTION wo. 220.70 WHEREAS, the contract for the construction of the John F. Ken- nedy Road Sanitary Sewer 1969 from Kaufmann Avenue northerly to Old Timers Athletic Club Place 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 En- gineer be and is hereby directed to 306 Special Session, July 27, 1970 prepare a plat and schedule show. ing the lots or parcels of real es- tate 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 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 27th day of July, 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 Bitter. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION No. 221.70 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 Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigaret- tes and Cigarette Papers within said City. Mark & Fred McGovern, 3200 Cen- tral Avenue Welsh Enterprises, Inc., 620 S. Grandview Avenue BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 27th day of July, 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. 222.70 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 "C" BEER PERMIT Welsh Enterprises, Inc.. 620 South Grandview Avenue Passed, adopted and approved this 27th day of July, 1970. Donald R. Meyers Mayor Walter A. Preglers 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. 223.70 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re- ceived the approval of this Coun- cil, and Special Session, July 27, 1970 307 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 R1*' 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 welsh Enterprises, Inc., 620 South Grandview Avenue BE IT FURTHER RESOI.VED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 27th day of July, 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 b!t- Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Couri.' cilmen Bitter, Couchman, Moldo- hauer, Pregler. Nays—None. Mayor Meyers moved that Mrs. Kay Wright and Harold Sweet he reappointed to the Playground and Recreation Commission for three year terms to July 5, 1973, also, that Homer Addyman and Adria Swift be reappointed to the Boar 1 1 of Heating, Ventilating, Air Con- ditioning & Refrigeration for three year terms to March 16, 1973. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Leo F. Frommelt City Clerk Approved November 2, 1970 Adopted November 2, 1970 Special Session, August 3, 1970 309 Board of Health OFFICIAL Special Session, August 3, 1970. Board met at 7:15 p.m. Central Daylight Time. Present — Chairman Donald R. Meyers, Messrs, Joseph J. Bitter, Gaylord M. Couchman, Wayne A. Moldenhauer, Walter A. Pregler. Dr. Kenneth K. Hazlet. The meeting was called for the purpose of conducting a public hearing on the properly located at 106 Providence Street, owned by Mr. Charles P. Rose of Mokena, 111. Communication of Charles Rose objecting to any proposed action to be taken by the City relative to his property, advising that Mr. C. E. Mettel is his rental agent, pre- sented and read. Building Commissioner Donald Bandy submitted a detailed report on the condition of the Rose prop erty and that the owner has since advised him that the building will be torn down. Mr. Handy also reported on other properties that contain unfavorable living conditions. A piece of prop- erty located on Almond Street and occupied by the Lightfoot family, that. was causing considerable con- cern, has now been vacated and will be posted. The property located at 1725 Wood Street has again been re- viewed for a possible solution and the owners in interest have been refused a permit to fix up the house, and a ten day notice has been issued. Chairman Meyers moved to concur in the Building Commissioner's action on the above mentioned properties. Seconded by Mr. Gaylord M. Couchman. Carried by the following vote: Yeas—Chairman Donald R. Mey- ers, Messrs. Joseph J. Bitter, Gay- lord M. Couchman, Wayne A. Mol- denhauer, Walter A. Pregler. Nays—None. Communication of Les Furuseth appealing the notice sent from the Housing Department as to demoli- tion of the structure at 1725 Wood Street, presented and read. Chair. man Meyers moved that the Furu- seth communication and also the Charles Rose communication be re- ceived and filed. Seconded by Mr. Gaylord M. Couchman. Carried by the following vote: Yeas—Chairman Donald R. Mey- ers, Messrs. Joseph J. Bitter, Gay- lord M. Couchman, Wayne A. Mol- denhauer, Walter A. Pregler. Nays—None. Dr. Kenneth K. Hazlet submitted graphs and reports on various so- cial diseases, tuberculosis and ru- bella, (German Measles), in com- parison to the State wide average. There being no further business Chairman Donald R. Meyers moved that the meeting adjourn. Second- ed by Mr. Joseph J. Bitter. Carried by the following vote: Yeas --Chairman Donald R. Mey- ers, Messrs. Joseph J. Bitter, Gay- lord M. Couchman, Wayne A. Mol- denhauer. Walter A. Pregler. Nays—None. Leo F. Frommelt Clerk Board of Health Approved January 4, 1971 Adopted January 4, 1971 Members of 310 Regular Session August 3, 1970 CITY COUNCIL OFFICIAL Regular Session, August 3, 1970. Council met at 7:30 P.M. Central Daylight Time. Present ---Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. City Manager Gilbert D. Chaveneile. Mayor Meyers read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING called for the purpose of acting upon such business as may proper- ly come before the meeting. July 28, 1970 To the Honorable Mayor and City Council This is to advise that I have ap- proved the following bonds and desire to have your approval on same. SIDEWALK Earl D. Driscoll, Merchants Mutual Bonding Co, Hartmann Construction Co., Mer- chants Mutual Bonding Co. Richard Ruden, Merchants Mutual Bonding Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved filing of the bonds subject to approval of the City Solicitor. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. July 31, 1970 To the Honorable Mayor and City Council I submit the audit of the 1969 city records by certified account- ants, O'Connor, Brooks, Ahrendt and Brooks. Also, I submit their letter of July 24th in which com- ments are written about several city operations. I request that the council consider the following ex- planations along with the comments of the accountants. 1. AMBULANCE FEE COLLEC- TIONS Collection of ambulance fees which have been billed are paid to the telephone operator and ac- counted for by the secretary to the city manager. The secretary also initiates the follow up of unpaid accounts. During the past months Mr. Heitzman has devised a system which is in accord with the ac. countant's recommendation. He has stated that the plan will be in. stalled by October 1st. 2. LIBRARY MINUTES OF MEET- ING AND EXPENDITURE AU- THORIZATION The minutes of the meetings of the Library Board are approved by the Board and signed by the Direc- tor. Also, the library director signs each voucher authorizing expendi- ture payments. Further, he reports expenditures to the Board. Unless there is some compelling legal or other reason, the library will continue to use the present methods. Mr. Heitzman will ques- tion the accountants for further in- formation. 3. UPDATING DOCK B 0 A R D MONTHLY RECORDS The 1969 records were not com- pleted due to illness of a staff mem- ber. Additional help is not required in order to comply with the recom- mendation. 4. CITY PERSONNEL RECORDS The auditor has a signed W4 form for each employee. A record of each employee is kept by the manager's office, although the his- torical data is not complete. Vaca- tion and sick leave records are now kept by the departments, although centralization of this record keep- ing is planned. The first city personnel officer was hired January 5, 1970. The statement of the accountant ap- pears to be erroneous and a bit premature. S. CONTROL OVER TRAVEL AD- VANCES It has been understood that the manager approves all travel ad- vances (with a few exceptions). This has been an informal proced- ure. According to the accountant rec- ommendation, the manager will now authorize advances by written approval with the exception of those for dock, airport and park commissioners. Travel vouchers are supported by paid receipts although I have not Regular Session August 3, 1970 311 insisted that all food expense be coverered by paid invoices.Travel expense for dock, airport and park commissioners has not been re- viewed by the manager. 6, CITY GARAGE STOREKEEP- ING There are two store rooms at the city garage. One which supplies parts, material and equipment for the repair of vehicles, and a second where such items as hand tools are stored and issued to the working crews. A complete record is kept of all parts, materials and tools and equipment. An annual inventory is taken. The books, however, are not adjusted to the value of the annual inventory. It is planned to set up a revolv- ing fund January 1, 1971 and this will tie the garage store room into the accounting system. 7. FUNCTION OF COLLECTING CASH AND MAINTAINING PARKING TICKET RECORDS In spite oft the recommendation of the accountants it is not practi- cal to separate parking ticket cash collection and record keeping. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. July 31, 1970 To the Honorable Mayor and City Council I am returning to you the peti tion of Mr. Rotman concernin^ street lighting at the intersection of 41h and Iowa and along Iowa be- tween 3rd and 4th. I am also returning the petition of Mr. Scherrer concerning the re- placement of a light removed from the southeast corner of Iowa and Fourth by a light on Iowa between Third and Fourth. The area has been investigated and the following is reported and recommended: 1) That the intensity of lighting at the intersection of Fourth and Iowa seems greater than that pro- vided by the removed incandescent light, and further that two addi- tional lights will be installed this year upon completion of Fourth Street construction. 2) It is recommended that a new 250 watt mercury vapor light be installed on an existing pole on the cast side of Iowa approximately 100 feet from Fourth Street. Respectfully, Gilbert D. Chavenelle City Manager Mayor Meyers moved that the Manager's recommendation ap- proved. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Communication of Low Rent Housing Agency submitting min- utes of their meeting held on July 8, 1970, presented and read. Coun- cilman Bitter moved that the min- utes he received and filed. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun- (-i)men Bitter. Couchman, Molden- hauer, Pregler. Nays—None. Communication of Mrs. Wm. Thul of 2660 Queen Street, again objecting to baseballs being batted against their home from the Bur- den Street playground, presented and read. Recreation Director Richard Slat- tery gave a report on what is con- templated to correct the situation at the Burden Street playground in the hope of eliminating any nui- sances. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden. hauer, Pregler. Nays—None. July 23, 1970 Honorable Mayor and City Council Herewith submitted for your con- sideration is a proposed revision of the Fire Limits in the City of Du- buque, Iowa. 312 Regular Session August 3, 1970 This revision conforms to one of the recommendations in the Amer- ican Insurance Association report. The purpose of the Fire Limits is to require more stringent build- ing regulations in the closely built Business and Industrial Districts to prevent the spread of fire from building to building. The previous limits included a large residential area in the east section below White Street and restricted many types of buildings and was stopping many needed improvements. I recommend that the new Fire Limits be adopted. Sincerely, 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 Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 40.70 An Ordinance Amending Ordi- nance No. 56.61 known as the Building Code of the City of Du- buque, Iowa, by repealing Article 53 Fire Limits, and Section 5300 Fire Limits Established, presented and read. Councilman Bitter moved that the reading just had be considered the first readinc* 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 Mev- ers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 40.70 AN ORDINANCE AMENDING ORD- INANCE NO 96.61 KNOWN AS THE BUILDING CODE. OF THE CITY OF DUBUQUE IOWA BY RF.PF.ALING ARTICLE 53 FIRE LIMITS, ANI) SEC - VON 9300 FIRE LIMITS ESTABLISH- ED. NOW, THEREFORE, BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That Ordinance No. 50.01 known as the Building Code of the City of Dubuque, Iowa be and the same U hereby amended by repealing Article 53 Fire Limits, and Section 5300 Fire Limits established. SECTION 2. This Ordinance shall be In full force and effect from and after its final pasage, adoption and publica- tionas by law provided. Introduced the 3rd day of August 1970. Rule requiring reading on three sep- arate days suspended by unanimous vote on the 3rd day of August 1070. Passed by recorded roll call vote adopted and approved this 3rd day of August 1970. Donald R. Meyers MAYOR Walter A. Pregler Wavne A. Moldenhauer Gaylord M. Couchman Joaeph J. Bitter COUNCILMEN ATTEST: Leo F. Frommelt, CITY CLERK Published officially in the Telegraph - Herald newspaper this 0th day of Aug- ust, 1970. Leo F. Frommelt, CITY CLERK It. 8.8 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 41-70 An Ordinance Establishing a Fire Limits for the City of Dubuq,je, Iowa, for the purpose of the p1 o- tection of closely built commer- cial districts against the i.az ,rds of fire spreading from buildin•1 to building, by supplementary Restrictions on the construction permitted within such limits, 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 the reading of an Ordinance on three separate days be waived. Seconded by Ma- yor Aleyers. Carried by the follow- ing vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Regular Session August 3, 1970 313 aRDINANCE NO. 41.70 NOW, THEREFUItr: 13r, 11 CITY OFIDUBUQUE, IOWA: OF THE SECTION 1. Fire limits estabilshed: Iowahumbracedart f within ttheolimits Dubuque, after liitnits described of the shall Ct y known ofDubuqthe e, to wit: BEGINNING at a point In the center line of the Chicago. Milwaukee, St Paul r l the and iineofJones Street, Railroad ,i to the the allv between locust Street. ander linefBluff Street: thence along the center line of the alley be- tween Locust Street and Bluff Street. thence north to the center line of west Third Street; thence alone the center line of west Third Street easterly to the center n Locust Street: thence alone thecenter line of Locust Street, northerly to the center ltne of Loras Blvd.: thence along the center line of Loras Blvd., easterly to the center line of the nllev between Central Avenue and Iowa Street: thence along the center line of the alley between Central Avenue and Iowa Street, northerly to the center line of west Seventeenth Street: thence from the center line of the alley be- tween Central Avenue and Iowa Street. northeriv along the center line of Heeb Street to the center line of east Fleh• teenth Street, extended to the center line of Heeb Street; thence easterly alone the center line of cast Eieh teenth Street, extended easterly to the center line of Central Avenue; thence northerly along the center line of Con- tral Avenue to the center line of cast Twentieth Street thence along the cen- ter line of East Twentieth Street to the center line of White Street; thence southerly along the center line of White Street 0 the renter Ifne of cast Twelfth Street; thence easterly along the center line of east Twelfth Street to the renter llne of the ma'n line of the Chicago. Milwaukee. St. Paul and Pacific Railroad tracks: thence southerly along the renter line of the main line of the rh'enpo. Milwaukee, St. Paul and Parifle Rail- road tracks to the center line of Jones Street which Is the point of BEGIN- NING. SECTION 2. This Ordinance shall be In full force and effect from and after Is final passage, adoption and publica- tion ns by law provided. Introduced the 3rd day of August 1970. Rule requiring reading on three sep- arate days suspended by unanlmorns vote on the 3rd day of August 1970. Passed by recorded roll call vote adopted end approved this 3rd day of August 1970, Donald R. Meyers MAYOR Walter A. Pregler Wayne A. Muldenhauer Gavlord M. Couchman Joseph J. flitter ATTEST: COUNCILMEN Leo F'. F'rommelt, CITY CLERK Published officially in the Telegraph - Herald newspaper this 6th day of Aug- ust, 1970. Leo F. Frommelt, CITY CLERK ] t. 8.6 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Notice of Appeal of condemna- tion award on the Fred E. & Katie Klett property for municipal air- port purposes, presented and read. Councilman Bitter moved that the notice be referred to the City So- licitor for proper action. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers. Coun- -ilmen Bitter. Couchman, Molden- hauer, Pregler. Nays—None. Notice of Appeal of condemna- tion award on the Merlin 11. & j1 nrothy Bradley property for mu- nicipal airport purposes, presented and read. Councilman Bitter moved that the notice be referred to the City Solicitor for proper action. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter. Couchman. Molden- hauer, Pregler. Nays—None. Petition of Conrad Plumbing & Heating Co. requesting a refund of X13.00 for a plunlbini; and heating permit issued in error for McDon- ald's Drive Inn, presented and read. Mayor Meyers moved that the re- fund be granted after assurance of approval by the plumbing depart- ment. 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 notice of hear- ing on invitation to bid on Town Clock Removal and relocation proj- ect, presented and read. Council- man Prettier moved that the proof of publication be received and 314 Regular Session August 3, 1970 filed. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. July 31, 1970 To The Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 a,m., July 30, 1970, for the Town Clock Removal and Re- location Project in the City of Du- buque, Iowa. The one proposal submitted was by M. F. Goerdt Construction Com- pany of Dubuque, Iowa. Their bid was in the amount of $28,787.00. The Engineer's estimate for the project was $16,500.00. We have at- tached for your review a copy of this detailed Engineer's estimate. It is our feeling that this estimate fairly accurately reflects the actual costs involved in the removal and relocation, providing a contractor followed the suggested method of approach detailed in the specifica- tions. Since only one proposal for the work was submitted and because we were informed that certain in- terested contractors would have submitted bids for the work if more time had been allowed for bid preparation, we recommend the one proposal submitted be rejected and the project be rebid. A sched- ule which should allow sufficient time for bid preparation is as fol- lows: August 6, 1970 -1st Advertise- ment for Bids August 13, 1970 -2nd Advertise- ment for Bids August 19, 1970—Bid Opening This schedule is still within the framework of the project time schedule outlined to you on July 27, 1970. Prior to readvertisement, we in- tend to modify the specifications such that the Contractors will be allowed greater latitude and flexi- bility in their approach to the prof. ect. We will also make available on alternate bid, through which the contractor may relocate the main clock and tower section, in one move, to the new pedestal at Sev- enth and Main. If this alternate were selected, this contractor would renovate the existing structure, in place, at the new location. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Sec. onded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Councilman Pregler moved sus- pension of the rules in order to let anyone present address the Council if they so desire. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. Mr. Dallas Murphy addressed the Council as to the possibility of re- moving the town clock by helicop- ter. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on resolution of neces- sity and upon proposed plans, spec- ifications, form of contract and cost of improvements for construction of Peru Road -Davis Street sanitary sewer 1970 from the railroad tracks east to Lot 2 of George Nigg's Sub- division, 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 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, Molden- hauer, Pregler. Nays—None. Statement of City Clerk certify- ing that notices of levy were mailed by certified mail on July 7, 1970, to property owners of record subject to assessment for the construction of the Peru Road - Davis Street sanitary sewer, 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, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Regular Session August 3, 1970 315 Decision of Council upon c obitc- tions to P form of contract and cost of im- provements. RESOLUTION NO. 224.70 WHEREAS, proposed plans and specifications and form of contract for the construction of the: PERU- ROAD-DAVIS STREET SANITARY SEWER -1970 from the Railroad Tracks east to Lot 2 of George Nigg's Sub. have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 23 of the Code of Iowa, 1966, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifi cations or contract for or cost of such improvements, said time being this 3rd day of August, 1970; and WHEREAS, the City Council met in regular session this 3rd day of August, 1970, at 7:30 o'clock P.M. Central Daylight Time at the Coun cil Chambers in the City hall for the purpose of hearing all inter- ested parties and considering any and all objections which have been filed to the proposed plans, specifi- cations or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE. 1T FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form Of cost said improvement be made a matter of permanent record in connection with said improvement Passed, adopted and approved this 3rd day of August, 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- ion of the resolution. Seconded by ouncilman Couchman. Carried by he following vote: Yeas — Mayor Meyers, Coun- Almen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION NO. 180.70 WHEREAS, proposed plans, spec- ifications, form of contract, plat nd schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other .hings the following: 1. The size and kind of sewers. 2. Each lot proposed to be as- sessed together with a valuation fixed by the council. 3. An estimate of the cost of the ;)roposed improvement, stating the same for each different type of con- struction 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 construc- tion of the PERU ROAD . DAVIS STREET SANITARY SEWER -1970 from the Railroad Tracks east to Lot 2 of George Nigg's Subdivision. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, 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 con. sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications whicli have been prepared there- fore by the City Engineer 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 improve- 316 Regular Session August 3, 1970 ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. 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 sensed to and paid by the railway company. The above resolutian was intro- duced, approved and ordered placed on file with the City Clerk this 29th day of June, 1970. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 3rd day of August 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. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Moldenhau- er, Pregler. Nays—None. (Ordering Construction) RESOLUTION NO. 225-70 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of ne- cessity No. 180-70 which was duly passed by this Council, for the con. stnif•tion of PERU -DAVIS STREET SANITARY SEWER -1970 from the Railroad tracks east to Lot 2 of George Nigg's Sub., be and the same are hereby ordered and constructed by this Council upon its own motion and with or with. )ut the petition of property own. ers. All the work shall be con. aructed in accordance with the plans and specifications heretofore adopted and now on file in the of. fice of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the sewer funds of the city. Pay- ment will be made to the contrac- tor out of funds realized from the sale of sewer bonds to be issued in anticipation of deferred payments payments of assessments as pro- vided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution 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 3rd day of August, 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. Regular Session August 3, 1970 317 July 31, 1970 To the i:onorable Mayor and City Council Councilman Pregler brought to my attention the death of Con- gressman Kirwan of Ohio and sug- gested that the city honor him. I phoned Congressman Culver's office for guidance and Mr. Todd Ackerly of that office suggested that the council pass a fitting reso- lution and then send it to Mr. Cul- ver's office. He, in turn, will in- clude it with his papers which will be printed in the Congressional Record. It was explained that it is the custom of the House to set aside a day for honoring deceased mem- ebrs and that for several designat- ed days thereafter eulogies are in- troduced. These are printed in the record, bound and given to the fam- ily of the deceased. 1 suggest that you adopt the at- tached or a similar resolution. Respectfully, Gilbert I). 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, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION OF RESPECT No. 226.70 WHEREAS, Michael Joseph Kir- wan did spend his life in the pub- lic service of his community and country; and WHEREAS, he. was a Member of Congress of the United States, 19th District. Ohio. continuing from the Seventy-fifth Congress in 1937 un- til his death on July 27, 1970; and WHEREAS, he became a mem- ber and chairman of the House Public Works Appropriations Sub- committee, and in the exercise of office did act to prevent disaster from flooding of the Mississippi River, and with graciousness and continuous work did so serve the people of Dubuque, Iowa. BE IT THEREFORE. RESOLVED, that the Mayor and City Council of the City of Dubuque, Iowa, on behalf of the citizens of this city, take note of the death of Michael Joseph Kirwan and, joined with ho neoplo, of Ohin do mourn his passing and honor his memory for service to this nation. Adopted this 3rd day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhaucr Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- ion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Coun- rilmen Bitter, Couchman, Molden- aauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Legal Notice of hearing to consider authoriza- tion of execution of proposed agreements for the purchase and redevelopment of certain parcels of real estate in the Downtown Ur- ban Renewal project Iowa R-15 with Ames Realty Inc., and Optome- try Center Inc. presented and read. No written objections were filed and no oral objectors were present in the Council at the time set for the public hearing. Councilman Bitter moved that the proof of publication be received and filed. Seconded by Councilman. Carried by the following vole: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION No. 227.70 AUTJIO=1NG THE EXECUTION OF A CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVE- LOl'MENT WITH AMES REALTY, INC. WHEREAS, pursuant to Resolu- tion No. 183-7o dated June 29, 1970, and a Notice of Public Bearing pub- lished in the Telegraph -Herald, a newspaper of general circulation in the City of Dubuque, Iowa, on July 8, 1970, and July 15, 1970, City Council met on the third day of August, 1970, at 7:30 o'clock. P.M., Central Daylight 'rime, in the City Council Chambers, City Hall, Du- 318 Regular Session August 3, 1970 buque, Iowa, to consider the propo- sal to dispose of the interest of the City of Dubuque to the Reuse Par- cels 8 and 9 of Block 3 in the Down- town Urban Renewal Project, Iowa R-15, to Ames Realty, Inc. 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 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 "HEREAS, 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 Ames Realty, Inc.; now therefore BE IT RESOLVED BY THE CITY COUNCII. OF THE CITY OF DU- BUQUE, 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 Pri- vate Redevelopment in accordance with the terms of the Disposition Documents governing such sale wish Ames Realty, Inc. for the real estate known as the Reuse Parcels 8 and 9 of Block 3 in the Down. town Urban Renewal Project, Iowa R-15, containing 14,083.44 square feet, subject. to survey. Section 2. That said parcels of real estate shall be sold on the fol- lowing basis subject to final sur- vey of the land to be sold. Price Per Parcel No. Square Foot Total 3.8 $2.25 $17,489.32 3-9 $2.10 13,251.19 $30,740.51 Passed, approved, and adopted this 3rd day of August, 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. 228.70 AUTHORIZING THE EXECUTION OF A CONTRACT FOR SALE OF LAND FOR PRIVATE REDE- VELOPMENT WITIi OPTOMETRY CENTER, INC. WHEREAS, pursuant to Resolu- tion No. 182-70 dated June 29, 1970, and a Notice of Public Hearing pub. lished in the Telegraph -Herald, a newspaper of general circulation in the City of Dubuque, Iowa, on July 8, 1970, and July 15, 1970, City Council met on the third day of August, 1970, at 7:30 o'clock P.M., Central Daylight Time, in the City Council Chambers, City Hall, Dubu- que, Iowa, to consider the proposal to dispose of the interest of the City of Dubuque to the Reuse Par- cel 3 of Block 3 in the Downtown Urban Renewal Project, Iowa R-15, to Optometry Center, Inc, 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 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 prop:)sal to dispose of said in- terest of the City of Dubuque in the above described real estate to Optometry Center, Inc., now there- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, 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 Pri- vate Redevelopment in accordance with the terms of the Disposition Documents governing such sale with Optometry Center, Inc. for the real estate known as the Reuse Par- cel 3 of Block 3 in the Downtown Urban Renewal Project, Iowa R-15, containing 5,269 square feet, sub- ject to survey. Section 2. That said parcel of real estate shall be sold for $1.69 per square foot or a total price of Regular Session August 3, 1970 319 $9,513.01 subject to final survey of the land to be conveyed. Passed, approved, and adopted this 3rd day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhaur Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the re.iolution. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yea; — 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 Invitation for propo sats for the purchase and redevelop ment of land in the Urban Renewal area on the southeast corner of Ninth and Main street, and on the northeast, southeast and southwest corners of Seventh and Main Street, parcel 6-8, 7,232 square feet: -par - eel 6.9, 11,132 square feet; -parcel 7.7, 7.832 square feet; -parcel 8-4, 11.629 square feet; -parcel 8.5, 11, 628 square feet, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time tet for the public hearing. Council- man Pregler moved that the proof of publication be rec^ived and filed. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays -- None. July 31, 1970 Honorable Mayor and Members of City Council On Friday proposals were op. ened for the sale of land for pri- vate redevelopment in the Down- town Urban Renewal project. The following summary sheets and transmittal letters are submitted for Your review: I. Graham's Style Store for Men. A proposal to purchase the land on the southeast corner of 9th and Main adjacent to Stampfer's. The proposal indicates a two story plus baFement building. 2. K. A. Hartig A proposal to develop the land on the northeast corner of 7th and Main adjacent to the present ITartig Drug Company. 3. Tom Leibold and Associates A proposal to develop the par- cel of land on the southwest corner of 7th and Main contain- ing 11.628 square feet. The plan indicates a one story building. 4. First National Bank and Adams Realty Company A joint proposal to develop two adjoining parcels of land on the west side of Main Street hetween 6th and 7th Street with what appears to be a one story build- ing. Mr. Leibold's proposal cov- ers one of the two parcels that the First National Bank re- quests. It appears that First Na- tional Bank is interested in the entire parcel. All of the bidders have been asked to be present for Monday night's Council meeting to explain in more detail their proposals and to respond to any questions which you may have. Sincerely yours, 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, Coun- cilmen Ritter, Couchman, Molden- hauer, Pregler. ?Nays- -.'None. RESOLUTION NO. 229.70 Declaring Intent to sell a por- tion of the Downtown Urban Renewal Project, Iowa R•15 to Graham's Style Store for Men, Inc. WHEREAS, under date of June 9, 1970, the Council of the City of Dubuque approved and authorized the receiving of proposals for the sale and redevelopment of certain parcels of real estate in the Down- town Urban Renewal Project, Iowa R-15, and WITF.REAS, in response to said offering, a proposal for the pur- chase and redevelopment of a por- tion of the Project Land was re- 320 Regular Session August 3, 1970 ceived from Graham's Style Store For Men, Inc., 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 docu- ments must be made available for public inspection and a public hearing conducted; now therefore, BE IT RESOLVED BY THE CITY COiTNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the City of Dubuque hereby declares its in- tent, after a public hearing, to dis- pose of Parcel No. 7 of Block 7 in the Downtown Urban Renewal Project, Iowa R-15, to Graham's Style Store For Men, Inc. in ac- cordance with the terms of the Disp,sition Documents governin such sale on file in the office of the Department of Urban Renewal. SECTION 2. That the City Clerk be and is hereby authorized and directed to publish notice of pub- lic hearing to be held on Septem- ber 8, 1970 and to make certain documents available for public in- spection. 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 3rd day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" LEGAL NOTICE OF HEARING Pursuant to Chapter 403 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 be- tween the City of Dubuque and the developers hereinafter listed for the purchase and redevelop- ment of certain parcels of real estate located in the Downtown Urban 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. Graham's Style Store for Men, Inc., 923 Main 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 8th day of September 1970, and any person or organization desiring to be heard will be given an opportunity to be heard on the question of the pro- posed dispositions. A "Redeveloper's Statement for Public Dsiclosure" 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 Couchman moved adoption of the resolution. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Moiden- hauer, Pregler. Nays—None. RESOLUTION No. 230.70 DECLARING INTENT TO SELL A PORTION OF THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 TO K.A. HARTIG WHEREAS, under date of June 9, 1970, the Council of the City of Dubuque approved and author- ized the receiving of proposals for the sale and redevelopment of cer- tain parcels of real estate in the Downtown Urban Renewal 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 K. A. Hartig, 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 docu- ments must be made available for Regular Session August 3, 1970 381 public inspecUon and a public hearing conducted; now therefore, BE IT RESOLVED BY THE CfTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the City of Dubuque hereby declares its in- tent, after a public hearing, to dispose of Parcel No. 6 of Block 8 in the Downtown Urban Renewal Project, Iowa R-15, to K.A. Hartig in accordance with the terms of the Disposition Documents govern- ing such sale on file in the office of the Department of Urban Re- newal. SECTION 2. That the City Clerk be and is hereby authorized and directed to publish notice of pub- lic hearing to be held on Septem- ber 8, 1970 and to make certain documents available for public in- spection. 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 3rd day of Au;„ust, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A” LEGAL NOTICE OF HEARING Pursuant to Chapter 403 of the 1968 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 be. tween 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 Locust Street on the west. K. A. Hartig, 1010 South Grand. view Avenue, 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 8th day of Sep- tember 1970, and any person or organization desiring to be heard will be given an opportunity to be heard on the question of the pro- posed dispositions. A = Redeveloper's Statement for Public Disclosure" In the form pro- scribed 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 Hail, 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 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. RESOLUTION NO. 231.70 Declaring Intent to Sell a Por- tion of the Downtown Urban Renewal Project, Iowa R-15 to Adams Realty Corporation and the First National Bank of Dubuque. WHEREAS, under date of June 9, 1970, the Council of the City of Dubuque approved and authorized the receiving of proposals for the sale and redevelopment of certain parcels of real estate in the Down' town Urban Renewal Project, Iowa R-15, and WHEREAS, in response to said offering, a proposal for the Pur- chase urichase and redevelopment of a por- tion of the Project Land was re- ceived from Adams Realty Corpo- ration and the First National Bank of Dubuque, 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 docu. ments must be made available for public Inspection and a public hearing conducted; now therefore, 322 Regular Session August 3, 1970 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the City of Dubuque hereby declares its in- tent, after a public hearing, to dispose of Parcels No. 4 and 5 of Block 8 in the Downtown Urban Renewal Project, Iowa R-15, to Adams Realty Corporation and the First National Bank of Dubuque in accordance with the terms of the Disposition Documents govern- ing such sale on file in the office of the Department of Urban Re- newal. SECTION 2. That the City Clerk be and is hereby authorized and directed to publish notice of pub- lic hearing to be held on Septem- ber 8, 1970 and to make certain documents available for public in- spection. 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 3rd day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" LEGAL NOTICE OF HEARING Pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, the City Council of the City of Du- buque will hold a public hearing for the purpose of considering the authorization of the execution of proposed agreements by and be- tween the City of Dubuque and the 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 Locust Street on the west. First National Bank of Dubuque and Adams Realty Corporation, 270 West 7th 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 8th day of September 1970, and any person or organization desiring to be heard will be given an opportunity to be heard on the question of the proposed dispositions. A "Redeveloper's Statement for Public Disclosure" in the form pre. scribed by the Department of 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 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 offer of purchase submitted by Tom Leibold and Associates be re- jected to purchase for redevelop- ment disposition parcel No. 8.5 in Downtown Urban Renewal project Iowa R-15 and their check of de- posit be returned. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 232-70 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 Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigaret- tes and Cigarette Papers within said City. Elizabeth M. Krajnovich, 481 Lo- cust Street, (TRANSFER FROM 239 West 6th Street effective Au- gust 17, 1970.) BE IT FURTHER RESOLVED that the bonds filed with the apPli- cation be approved. Regular Session August 3, 1970 323 Passed, adopted and approved this 3rd day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: l,eo F. Frommelt City Clerk Counrilman 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. 233.70. WHEREAS, applications for Beer Permits have been submit- ted to this Council for approval and the same have been examin- ed: 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 Ramona Fettgather, 1103 Iowa Street. Creslanes Bowling, Inc., 255 So. Main Street. Albert J. Ney, 1842 Central Ave- nue. Riverside Bowl, Inc., 1860 Haw- thorne Street. Elizabeth M. Krajnovich, 481 Lo- cust Street. (Transfer from 239 West 6th St. effective August 17, 1970) Passed, adopted and approval this 3rd day of August, 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 their solution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 234-70 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 ordiances 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 Ramona F(ttgather, 1103 Iowa Street. Creslanes Bowling, Inc., 255 So. Main Street. Albert J. Ney, 1842 Central Ave- nue. Riverside Bowl, Inc., 1860 Haw- thorne Street. Elizabeth M. Krajnovich, 481 Lo- cust Street. (Transfer from 239 West 6th St. effective August 17, 1970) BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 3rd day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk 324 Regular Session August 3, 1970 Councilman Pregler m o v e d 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. 235.70 WHEREAS, applicants 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 applicants by grant- ed and licenses be issued upon the Compliance with the terms of the IOWA LIQUOR CONTROL ACT — CHAPTER 123 — as a- mended by the 60th General As- sembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Melvin A. Spiegelhalter, 10291Fz Main Street. Marco Giunta, 2022 Central Ave- nue. American Veterans of WW #2 & Korea Post #3, 36 West 4th Street. Elizabeth M. Krajnovich, 481 Locust Street. (Transfer from 239 West 6th St, effective August 17, 1970) Passed, adopted and approved this 3rd day of August, 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, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 236.70 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 issu- ed to the following named appli- cants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Melvin A. Spiegelhalter, 102W? Main Street. Marco Giunta, 2022 Central Ave- nue. American Veterans of WW #2 & Korea Post #3, 36 West 4th Street. Elizabeth M. Krajnovich, 481 Locust Street. (Transfer from 239 West 6th Street effective August 17, 1970) Passed, adopted and approved this 3rd day of August, 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 m o v e d 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. Councilman Pregler moved that the concept of a curfew be charg- ed to Advisory Commission to come back with a recommenda- tion. Seconded by Councilman Moldenhauer. 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 Regular Session August 3, 1970 325 adjourn. seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers. Council- men Bitter, Couchman, Molden• hauper, Pregler. Leo F. Frommelt City Clerk Approved January 4, 1971 Adopted January 4, 1971 326 Special Session, August 10, 1970 CITY COUNCIL OFFICIAL SPECIAL SESSION, AUGUST 10, 1970. COUNCIL MET AT 4:00 P.M. (Central Daylight Time) PRESENT — MAYOR MEYERS, COUNCILMEN MOLDENHAUER, PREGLER, CITY MANAGER GIL. BERT D. CHAVENELLE. ABSENT — COUNCILMEN BIT. TER (ot roll call) COUCHMAN. 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 ADOPTION OF A RE- SOLUTION DECLARING INTENT TO SELL A PORTION OF THE DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15, TO MOLO OIL COMPANY, and acting upon such other business as may pro- perly come before a regular meet- ing of the City Council. Notice of claim of David W. Lei- fker, in an undetermined amount, for personal injuries received in a fall on the north side of Eighth street the Grand Theatre on July 24, 1970, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Attorney for investiga- tion and report. Seconded by Council Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Moldenhauer, Pregler. Nays — None. Absent — Councilmen Bitter, Couchman. Petition of Marie Roth et al (14 signers) requesting for a second time the erection of a retaining wall to stop erosion of the city alley, abutting the Ralph Torger- sen property located at 1313 Do- dge Street, which was formerly occupied by Del Farm Foods, pre- sented and read. Councilman Pregler moved that the petition be referred to the City Solicitor for further investigation and report. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council. men, Moldenhauer, Pregler. Nays — None. Absent — Councilmen Bitter, Couchman. Petition of Dubuque Sertoma Club requesting that September 12, 1970 be proclaimed "Light the Way for Retarded Children's Day", presented and read. Councilman Pregler moved ap- proval of the request and Mayor Meyers issued proclamation. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas — Mayor Meyers, Council- men Moldenhauer, Pregler. Nays — None. Absent — Councilmen Bitter, Couchman. Petition of Dubuque County Fair Ass'n requesting that the week of August 18-23 be proclaimed "Du- buque County Fair Week", pre- sented and read. Mayor Meyers moved approval of the request. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Moldenhauer, Pregler. Nays — None. Absent — Councilmen Bitter, Couchman. Petition of Fondell & Sons, Inc. requesting permission to excavate at 55 South Booth to repair brok- en water service line, presented and read. Mayor Meyers moved approval of the request subject to approval of the Engineering Department. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Moldenhauer, Pregler. Nays — None. Absent — Councilman Bitter, Couchman. Petition of Town Clock Commit- tee requesting permission to con- duct an auction on August 16, 1970 from 12:00 Noon to 8 P.M. on Main Street between 10th and 11th to raise funds for the reloca. tion of the town clock, presented and read. Special Session, August 10, 1970 327 Councilman Pregler moved ap- proval of the request. Seconded by Mayor Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Moldenhauer, Pregler. Nays - None. Absent - Councilmen Bitter, Couchman. Petition of Dale Wernecke and Albin A. Rhomberg requesting re- zoning to Multiple Family Resid- ence District Classification of Lots 24B, 24C, 25, 25A, 25B, 26, 26A, 26B, 27, 27A, 28, 28A, 29, 29A, 30, 30A, 31, 31A. 32, 32A, 33, 33A, 33B, 34, 34A, 34B, 35, 35A, 35B. 36, 36A, 36B, 68, 83, 84, 90, 91, 92, 93. 94, 95, 96, 97 and 98, to- gether with the Nly. .<,, of Belle vue Street vacated as abutting said lots 90, 91, 92, 93, 94, 95, 96. 97 and 98 in A. P. Woods Addn.. Lots 3, 4. 5, 6, 7, 8, 9, 10 in Union Addition, presented and read. Mayor Meyers moved that the petition be referred to the Plan ning and Zoning Commission for investigation and report. Second- ed by Councilman Pregler. Carri- ed by the following vote: Yeas - Mayor Meyers, Council- men Moldenhauer, Pregler. Nays - None. Absent - Councilmen Bitter, Couchman. To the Honorable Mayor and City Council This is to adivse you that the City of Dubuque 1969 Hot Mix - Hot Laid Asphaltic Concrete Pav Ing Project No. 1 has been com- pleted in accordance with the City of Dubuque plans and specifica- tions. I, therefore, recommend the ac- ceptance of the above named pro- Ject. Respectfully submitted Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Meyers. Carried by the following vote: Was - Mayor Meyers, Council men Moldenhauer, Pregler. Nays - None. Absent - Councilmen Bitter Couchman. FINAL ESTIMATE RESOLUTION NO. 237.70 WIIEREAS, the contract for the CITY OF DUBUQUE 1969 HOT MIX -HOT LAID ASPHALTIC CONCRETE PAVING PROJECT NO. 1 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 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 $76.034.93. That $17,476.60 of the cost thereof shall be assessable upon private property and $58,558.33 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 10th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Meyers, Council- men Moldenhauer, Pregler. Nays - None. Absent - Councilmen Bitter. Couchman. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 238-70 W1iERE.AS. the contract for the CITY OF DUBUQUE 1969 HOT MIX -HOT LAID ASPHALTIC CONCRETE PAVING PROJECT NO. 1, on 1. Pennsylvania Avenue from W. P.L. of Key Knolls Sub. to W.P.L. of I.ot 2.1 of Elle of SW'/4 Sec., 21. T. 89 N. R 2E. 2, Wacker Drive - patching be- tween J.F.K. Road and U.S. X20. 3. John F. Kennedy Road -- patch- in.g between Pennsylvania Avenue and University Avenue. 338 Special Session, August 10, 1970 4. Central Avenue from S.P.L. of Fulton school to a point 100' north of West 32nd Street. 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 par- cels of real estate subject to asses- ment for said improvement and file the same in the office of the City Clerk sublect to public in- spection and said Clerk shall upon 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 street improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 10th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Councilmen Attest: Leo 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 Moldenhauer, Pregler. Nays — None. Absent — Councilmen Bitter, Couchman. Councilman Bitter entered the Council Chamber at 4:20 P.M. RESOLUTION NO. 23910 Declaring Intent to Sell a Portion of the Downtown Urban Renewal Project, Iowa R•15 to Molo Oil Co. WHEREAS, under date of July 6, 1970, the Council of the City of Dubuque approved and author- ized the receiving of proposals for the sale and redevelopment of certain parcels of real estate in the Downtown Urban Renewal 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 received from Molo Oil Company, and WHEREAS, pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, and certain regulations of the Department of Housing and Cuban Development, certain docu- ments 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 Dubuque hereby declares its in- tent, after a public hearing, to dispose of Parcel No. 5 of Block 11 or Parcel No. 11 of Block 8 in the Downtown Urban Renewal Project, Iowa R-15, to Molo Oil Company in accordance with the terms of the Disposition Docu- ments governing such sale on file in the office of the Department of Urban Renewal. SECTION 2 That the City Clerk be and is hereby authorized and directed to publish notice of pub- lic hearing to be held on Septem- ber 14, 1970 and to make certain documents available for public inspection. Such notice shall be substantially in the form of Ex- hibit "A" attached hereto and made a part hereof, and such no- tice may cover one or more pro- posals. Passed, approved, and adopted this 10th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Special Session, August 10, 1970 329 EXHIBIT "A" Legal Notice of Hearing pursuant to Chapter 403 of the lggg 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 estate In- cated in the Downtown Urban Re- newal 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 Locust Street on the west. Nan+e of Developer Address Molo Oil Co. 41 Main 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 14 day of September. 1970, and any person or organization desiring to be heard will be given an opportunity to be heard on the question of the 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 deve- lopers 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 Pregler moved adop- tion of the resolution. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Pregler. Nays — Councilman Molden- hauer. Absent — Councilman Couch- man. RESOLUTION NO. 240.70 WHEREAS, there being present- ed to the City Council of the City Of Dubuque, Iowa, a vacation plat of the vacated portion of Prospect Street lying between Lot 32 "Cori - ell's Dubuque" and Lots 38, 39, 40 and 41 "Coriell's Dubuque" in 'he City of Dubuque, Iowa, to be hereafter known as Lot 32 A, "Coriell's Dubuque" and Lot 40 A, "Coriell's Dubuque" each in the City of Dubuque, Iowa, dated June 30. 1970 and prepared by Bartels, McMahan, LeMay, Haas do Baule Engineering Co.. and WHEREAS, the City Council of Dubuque, Iowa, has examined said plat and finds that same conforms to the statutes and ordinances re- lating to plats and same should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL Or THE CITY OF DUBUQUE, IOWA: SECTION 1. That the vacation plat of the vacated portion of Pro- spect Street lying between Lot 32 "Coriell's Dubuque" and Lots 38, 39, 40 and 41 "Coriell's Dubuque" in the City of Dubuque, Iowa to he hereafter known as: Lot 32 A, "Coriell's Dubuque, In the City of Dubuque, Iowa Lot 40 A, "Corioli's Dubuque, in the City of Dubuque, Iowa dated June 30, 1970 and prepared by Bartels, McMahan, LeMay, Haas & Baule Engineering Co., be and the same is hereby approved and that the Mayor and the City Clerk of the City of Dubuque, Iowa be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. SECTION 2. That the City Clerk be and he is hereby authorized to cause said plat to be recorded in the Office of the County Re- corder in and for Dubuque Coun- ty, Iowa. Passed, approved and adopted this 10th 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 Moldenhauer moved adoption of the resolution. Second. 330 Special Session, August 10, 1970 ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent — Councilman Couch. man. RESOLUTION NO. 241.70 Approving sale of Lot 32A Cori - ell's Dubuque to William J. Klauer and Lot 40A to William Woodward et ux, each lot being one half of Vacated Prospect Street, subject to each of said grantees payiniz respective ..considerations ..and costs of publication, and directing Clerk to publish notice of sale, presented and read. Some question arose among the Council members as to the amount of consideration to be paid by Klauer and Woodward. Councilman Moldenhauer moved that the resolution be tabled. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Couch- man. RESOLUTION NO. 242.70 WHEREAS, applicants for Beer Permits have been submitted to this Council for approval and the same have examined: NO W 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 Emma M. Scherer, 1187 Iowa Street. CLASS "C" BEER PERMIT Brookside Dairy, Inc., 1875 Uni- versity Avenue. Passed, adopted and approved this 10th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter 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, Moldenhauer Pregler. Nays — None. Absent — Councilman Couch. man. RESOLUTION NO. 243.70 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 Emma M. Scherer, 1187 Iowa Street CLASS "C" BEER PERMIT Brookside Dairy, Inc., 1875 Univer- sity Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 10th 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 Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent — Councilman Couch. man. Mr. Bob Urell, assistant City Engineer, gave a progress report on the construction of the Down. town Mall, which seems to be ap- Special Session, August 10, 1970 331 proximately two weeks behind schedule. There being no further business Councilman Pregler m ved Councilman ad- journ. seconded by Moldenhauer. Carried by the fol- lowing vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent—Councilman Couchman. Leo F. Frommelt. City Clerk. Approved January 4, 1971 Adopted January 4, 1971 ................................. nI J I ............................ City Clerk 332 Special Session, August 17, 1970 CITY COUNCIL OFFICIAL Special Session, August 17, 1970. Council met at 7:30 P.M. (Cen. 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 and this meeting is called for the purpose of actin, upon a RESOLUTION ELECTING TO EXERCISE POWERS CON. TAINED IN CHAPTER 403-A OF THE 1966 CODE OF IOWA, AS AMENDED AND ESTABLISHING A LOW -RENT HOUSING COM- MISSION AND A RESOLUTION CONFIRMING THE APPOINT- MENTS OF THE MEMBERS OF THE LOW RENT HOUSING COM- MISSION and acting upon such other business as may properly come before a regular meeting of the City Council. August 14, 1970 To the Honorable Mayor and Members of the City Council I herewith submit the reports of the City Auditor as well as a list of claims for the month of July 1970, also reports of the City Treasurer and Water Department. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Bitter moved that the reports 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. Communication of Low -Rent Housing Agency submitting copy of minutes of meeting held on August 4, 1970, presented and read. Mayor Meyers moved that the minutes 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 Paul J. Gist submitting his resignation frocr, the Human Rights Commission ef. fective immediately, dated August 13, 1970, presented and read. Councilman Couchman moved that the resignation be accepted and a letter of appreciation be sent to Mr. Gisch. Seconded by Council. man Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Couchman, Molden• hauer, Pregler. Nays — None. Communication of Alfred E. Hughes attorney, representing Ridge Motor & Machine Co., now located at E. 12th Street, indicat- ing that businesses on E. 12th are being hampered in their opera- tions by the loading and unloading facilities of one industry located eRst of the tracks, presented and read. Mayor Meyers moved that the communication be referred to the City Manager and Staff for investigation and report. Second- ed by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of Mrs. Frank W. Thompson, as owner of the property located at 250 W. First Street, objecting to the condition of a sidewalk on the Locust street side, water problems in the base- ment, and other various nuisances, due to the shifting of the slab of concrete in the street, presented and read. Councilman Pregler moved that the communication be referred to the City Manager and Engnieer for investigation and re- port. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Communication of Dubuque Park Board citing the great need for additional neighborhood parks and playgrounds and requesting that funds be set aside for the pur. chase of these small parks, pre- sented and read. Councilman Mold enhauer moved that the communi. cation be referred back to the Park Board for specific proposals and to set up a meeting with the Council. Seconded by Councilman Special Session, August 17, 1970 333 Pregler. Carried by the following vote: Yeas — Mayor Meyers, Council men Bitter, Couchman, Molden hauer, Pregler. Nays — None. Petition of V.F-W. requesting permission to conduct a poppy sale on September 18th and 19th. presented and read. Mayor Meyers moved approval of the petition providing there are no conflicting dates. 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 Marie Schlueter, in an undetermined amount, for personal injuries re- ceived in a fall on a defective side. walk at 2108 Johnson Ave. on August 7, 1970, presented and read. Councilman Bitter moved that the claim be referred to the City Solicitor for proper action. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. ORDINANCE NO. 42.70 An Ordinance Amending Ordi- nance No. 33-49 known as the Traffic Code of Dubuque, Iowa, as amended, by repealing Sec- tion 12.1 thereof and enacting a new section 12.1 in lieu thereof requiring that when two vehic- les enter an intersection from different highways or public streets at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, presented and read. Councilman Bitter moved that the reading just had be consider- ed the first reading of the Ordin- ance. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeah -- 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 following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. ORDINANCE NO. 42.70 AN ORDINANCE AMENDING ORD- INANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED, BY REP AL- ING SECTION 12.1 THEREOF AND EN- ACTING A NEW SECTION 12.1 IN LIEU THEREOF REQQUrRING THAT WHEN TWO VEHICLES ENTER AN IN- TF.RSECTION FROM DIFFERENT HIGHWAYS OR PUBLIC STREETS AT APPROXIMATELY THE SAME TIME, THE DRIVER OF THE VEHICLE ON THE LEFT SHALL. YIELD THE RIGHT OF WAY TO THE VEHICLE ON THE RIGHT. NOW THEREFORE BE IT ORDAINED 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 repealing Section 12.1 thereof and enacting a new Section 12.1 In lieu thereof as fol- lows: 12.1 When two vehicles enter an in- tersection from different highways or public streets at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right. Passed, approved and adopted this 17th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. F rommelt City Clerk Published officially in the Telel'.raph- Herald Newspaper this 20th day of August 1970. Leo F. Frommelt City Clerk I t. 8-20 Councilman Bitter moved final adoption of the Ordinance. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- inen Bitter, Couchman, Molden- hauer, Pregler. Nays — None. ORDINANCE NO. 43.70 An Ordinance Amending Ordi- nance No. 37.65 known as the "Street Parking Meter Ordi- nance of Dubuque, Iowa" a$ amended by Repealing Subsec- tion 6.1.5 of Section 6.1 of Park- ing Meter District A and by re- pealing subsection 6.1.6 of sec- tion 6.1 of parking meter dis- trict A thereof, removing both sides of Seventh Street between Main Street and Locust Street 334 Special Session, August 17, 1970 and removing the north side of Eighth Avenue between Iowa Street and Locust street 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, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 43.70 DINANCE AMENDING ORDI- NO. 3765 KNOWN AS THE r PARKING METER ORDI- '. r.,,n i )A.+ AC AMENDED BY REPEALING SUBSEC- TION 6.1.5 OF SECTION 6.1 OF PARK- ING METER DISTRICT A AND BY RE- PEALING SUBSECTION 6.1.6 OF SEC- TION 6.1 OF PARKING METER DIS- TRICT A THEREOF, REMOVING BOTH SIDES OF SEVENTH STREET BE TWEEN MAIN STREET AND LOCUST STREET AND REMOVING THE NORTH SIDE OF EIGHTH AVENUE BETWEEN IOWA STREET AND LOCUST STREET FROM SAID PARKING METER DIS- TRICT. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa," as amended, be and the same is hereby amended byy re 0alingg subsection 6.1.5 of Section 6.1 of Parking Meter District A and by repealing subsection 6.1.6 of Section 6.1 of Parking Meter District A and that the same: be and is hereby repealed and of no further force or effect. Passed, approved and adopted thi> 17th day of August 1970. Donald R. Meyers Mayor Walter A. Pre ler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk. Published officially in the Telegraph - Herald Newspaper this 20th day of August 1970. Leo F. Frommelt I t. 8-20 City Clerk Councilman Bitter moved final adoption of the Ordinance. Sec- onded by Mayor Meyers. Carried by the following vote: Yeas — Mayol- Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. ORDINANCE NO. 44.70 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 Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. Mr. Jim Hubbard of 970 Grove Terrace objected to the proposed Ordinance because no off-street parking is available in the area. Various other residents objected to the proposed ordinance due to the narrowness of the street. Mayor Meyers moved that the proposed Ordinance be tabled. Seconded by Councilman Couch- man. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 244.70 Electing to Exercise Powers contained in Chapter 403A of the 1966 Code of Iowa, as Amended, and Establishing a Low -Rent Housing Commission of the City of Dubuque, Iowa. WHEREAS. Chapter 403A of the 1966 Code of Iowa, as amended, creates in cities and towns certain powers in connection with provid- ing low -rent housing, and WHEREAS, Chapter 403A of the 1966 Code of Iowa, as amended, defines the powers of municipal- ities in connection with providing low -rent housing, and authorizing cities and towns to accept grants, contributions and other financial assistance from the Federal gov- ernment, and WHEREAS, it is deemed to be in the best interest of the City of of the 1966 Code of Iowa, as amended, by the City Council of the City of Dubuque, Iowa, the governing body of said city, and WHEREAS, it is further deemed to be in the best interest of the City of Dubuque, Iowa, to create a Board of Commissioners to exer. cise such authority as may be Special Session, August 17, 1970 335 granted them by the said City Council 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 City of Dubuque hereby elects to have its powers as defined in Chapter 403A of the 1966 Code of Iowa, as amended, exercised by the City Council of the City of Dubuque, Iowa, and by said City Council through a Board of Commission- ers to the extent of the authority granted said Board of Commis- sioners by the City Council of the City of Dubuque, Iowa. SECTION 2. That there is here- by created in the City of Dubuque. Iowa, a "Low -Rent Housing Com- mission" of the City of Dubuque, Iowa, with said Low -Rent Housing Commission to be governed by the City Council of the City of Du- buque, Iowa, and a Board of Com- missioners to the extent of the authority granted by the City Council of the City of Dubuque, Iowa. SECTION 3. That there is here- by created a said Board of Com- missioners of the Low -Rent Hous- ing Commission consisting of five 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 Council. The term of office for three of said commissioners originally ap- pointed shall be two years and the term of office for two of said com- missioners originally appointed shall be one year. Thereafter the term of office for each Commis- sioner 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 designate 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 ;he Board of Commissioners shall Serve without compensation except necessary expenses, including trav- el expenses incurred in the dis- charge of their duties. SECTION 4. That a majority of the Commissioners shall constitute a qu,)rum for the purpose of con- ducting business and exercising such powers as delegated to them by the City Council as well as for all other purposes. Action may be taken by the Low -Rent Housing Commission upon a vote of a ma- jority of the Commissioners pres- ent, unless in any case the bylaws shall require a larger number. Said Commissioners may adopt rules, bylaws and regulations gov- erning its organization and pro- cedures as may be deemed neces- sary and in conformance with Chapter 403A of the 1966 Code of Iowa, as amended, and subject to the approval of the City Council. SECTION 5. That on or before March 31st of each year, said Commissioners shall file with the City Council a report of their ac- tivities for the preceding calen- dar year, which report shall in- clude a complete financial state- ment setting forth its assets, lia- bilities, Income and operating ex- penses as of the end of such cal- endar year and a narrative report of its projects during the period covered. At the time of filing the report, the Low -Rent Housing Commission shall publish in a newspaper of general circulation in the community a notice to the effect that such report has been filed with the municipality, and that the report is available for in- spection during business hours in the office of the City Clerk and in the Office of the Low -Rent Housing Commission. SECTION 6. That said Board of Commissioners, subject to the ap- proval of the City Council, may employ an executive director, technical experts, legal counsel and such other agents and em- ployees, permanent and tempo- rary, as it may require, and the Board may determine their quali- fications, duties and compensation subject to the approval of the City Council. 338 Special Session, August 17, 1970 SECTION 7. That the Board of Commissioners shall also file with said City Council copies of the minutes of meetings of said Board as soon as possible after meetings are held. The Board of Commis- sionres shall prepare a budget set- ting out the income and expenses of its operation to be submitted to the City Council and the City Council may appropriate monies for the expenses of such Board. The Board of Commissioners shall have authority to expend for and on behalf of said City of Dubuque. all sums of money so budgeted and appropriated. Gifts, donations or payments which are received by such City for low -rent housing purposes shall be placed in such fund, to be used by the Board of Commissioners subject to the ap- proval of the City Council in an appropriate manner and in con- formity with its purpose. Said Board of Commi-.sioners shall have no power to contract debts beyond the amount of its income for the current year without the prior ap- proval of the City Council. SECTION 8. That said Board of Commissioners shall undertake and carry out studies and analyses of the housing needs and of the meeting of such needs and to make the results of such studies and analyses available to the pub- lic as well as to recommend pro- posed projects in the area of low - rent housing for the citizens of the City of Dubuque, Iowa. Any proposed low -rent housing proj- ects shall be subject to specific approval by the City Council and any project requiring a referen- dum as provided in Chapter 403A of the 1966 Code of Iowa, as amended, shall be submitted to the voters of the City of Dubuque in accordance with such chapter. SECTION 9. That prior to any recommendation for a specific project is made to City Council, that said project shall be. submit- ted to the Dubuque Planning and Zoning Commission for review and recommendations as to its con. formity with the general plan for the development of the City of Dubuque as a whole. SECTION 10. That Resolution No. 28-70 adopted February 16, 1970, as it heretofore existed be and the same is hereby repealed and declared null and void. Passed, approved, and adopted this 17th day of August, 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 adDption 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. CERTIFICATE OF APPOINT- MENT OF COMMISSIONERS OF THE LOW -RENT HOUSING COMMIS- SION OF THE CITY OF DUBUQUE, IOWA WHEREAS, the City Council of the City of Dubuque, Iowa, held a duly authorized special meeting on the 17th day of August 1970: and WHEREAS, at said meeting Resolution No. 244-70 was adopted, a copy of which is attached hereto 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 Mayor, I hereby ap- point the five (5) persons herein- after named to serve as Commis- sioners of the L.ow-Rent Housing Commission of the City of Dubu- que, Iowa, and to serve for the number of years appearing after their names, respectively, from the 13th day of August, 1970. One year term: Mary C. Fleming, 200 South Hill Street, Dubuque, Iowa One year term: Hal F. Reynolds, 222 Fischer Building, Dubuque, Iowa Two year term: James W. Grant, 431 Alpine Street, Dubuque, Iowa Two year term: Reverend Robert P. Odden, 164 Nevada Street, Dubuque, Iowa Special Session, August 17, 1970 337 Two year term: William J. Witt, Sr., 2628 Crissy Drive, Dubuque, Iowa I hereby designate 11a1 F. Rey- nolds as Chairman and James W. Grant as Vice -Chairman of the I,ow•Re y of n Dubuque, Commission to the City serve in such capacity for the length of their terms a, Commis- sioners. IN WrrNESS WHEREOF, I have May - hereunto signed my name May- or of the City of Dubuque, Iowa, and caused the official corporate seal of said City of Dubuque to be attached thereto this 17th day of August, 1970. Donald F. Meyers, Mayor Attest: Leo F. Frommelt, City Clerk Councilman Couchman moved approval of the appointments. Sec- onded by Councilman Pregler, Car- ried by the following vote: Mayor Meyers, Councilmen Bit. ter, Couchman, Moldenhauer, Preg- ler. Nays—None. RESOLUTION NO. 245.70 CONFIRMING THE APPOINT- MENTS OF THE MEMBERS OF THE LOW -RENT HOUSING COM- MISSION OF THE CITY OF DUBUQUE, IOWA WHEREAS, on the 17th day of August, 1970, the City Council of the City of Dubuque, Iowa, adopt ed Resolution 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 said City Council through a Board of Commissioners to the extent of the authority granted said Board by said City Council, and WHEREAS, the Mayor of the City of Dubuque, pursuant to Resolution 244.70 has appointed a 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 Dubuque, Iowa, in appointing; One year term: Mary C. Fleming, 200 South Hill Street, Dubuque, Iowa One year term: Hal F. Reynolds, 222 Fischer Building, Dubuque, Iowa Two year term: James W. Grant, 431 Alpine Street, Dubuque, Iowa Two year term: Reverend Robert P. Odden, 164 Nevada Street, Dubuque, Iowa Two year term: William J. Witt, Sr., 2628 Crissy Drive, Dubuque, Iowa as Commissioners of the Low -Rent Housing Commission of the City of Dubuque, Iowa, is hereby ap- proved and the appointment of each and every one of said Com- missioners is hereby confirmed by this City Council for the number of years respectively designated in the Certificate of Appointment of Commissioners now on file in the office of the City Clerk. Section 2. That Resolution No. 133-70 adopted May 4, 1970, as it heretofore existed be and the same is hereby repealed and de- clared null and void. Passed, approved, and adopted this 17th day of Auc;ust, 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. 24670 Authorizing the Execution and Delivery of Deed to Optometry Center, Inc. for Sale of Land in the Downtown Urban Renewal Project, Iowa R-15. WHEREAS, the City of Dubuque and Optometry Center, Inc. have entered into a Contract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private redevelopment by Op- tometry Center, Inc.; now there- fore, 338 Special Session, August 17, 1970 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 Optometry Center, Inc. for the sale of Reuse Parcel 3 of Block 3 in the Downtown Urban Renewal Project, Iowa R-15, legally de- scribed as Block 1 in Dubuque Down- town Plaza in the City of Du- buque, Iowa, containing 5,629 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 Op- tometry Center, Inc., upon receipt of the purchase price of $9,513.01 on the basis of $1.69 per square foot. Passed, approved and adopted this 17th day of August, 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. 247-70 Declarinq Intent to Sell A Por. tion of the Downtown Urban Re- newal Project, Iowa R-15 to Molo Oil Company, WHEREAS, under date of July 6, 1970, the Council of the City of Dubuque approved and author. ized the receiving of proposals for the sale and redevelopment of cer- tain parcels of real estate in the Downtown Urban Renewal 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 Molo Oil Company, 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 docu. ments 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 Dubuque hereby declares its in. tent, after a public hearine, to dispose of Parcel No. 5 of Block 11 or Parcel No. 11 of Block S in the Downtown Urban Renewal Project, Iowa R-15, to Molo Oil Company in accordance with the terms of the Disposition Docu. ments governing such sale on file in the office of the Department of Urban Renewal. SECTION 2. That the City Clerk be and is hereby authorized and directed to publish notice of pub- lic hearing to be held on Septem- ber 21, 1970 and to make certain documents available for public in- spection. Such notice shall be sub- ,tantially in the form of Exhibit "A" attached hereto and made a part hereof, and such notice may cover one or more proposals. SECTION 3. That Resolution No. 239-70 adopted August 10, 1970, as it heretofore existed be and the same is hereby repeated and de- clared null and void. Passed, approved, and adopted this 17th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" LEGAL NOTICE OF HEARING Pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, the City Council of the City of Du- buque will hold a public hearing for the purpose of considering the authorization of the execution of proposed agreements by and be- tween the City of Dubuque and the developers hereinafter listed for the purchase and redevelop- ment of certain parcels of real es- Special Session, August 17, 1970 339 tate located in the Downtown i1r- 1)an 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. Molo Oil Company, 41 Main St.. 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 21st day of September, 1970, and any person or organization desiring to be heard will be given an opportun ity to be heard on the question of the proposed 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 Couchman moved adoption of the resolution. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Couchman, Pregler. Nays --Councilman Moldenhauer. RESOLUTION No. 248-70 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 Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Ciga• rettes and Cigarette Papers within said City. Joseph & Donna Ginter, 342 Main Street Donald Plumley, 2501 Rhomberj Avenue BE IT FURTHER RESOLVEL that the bonds filed with the appli cation be approved. Passed, adopted and approve( this 17th day of August, 1970. Donald it. 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. 249.70 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW TliEREF'ORE, BE I'i' RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be is- sued upon the compliance with the Lerins of the ordinances of the City. CLASS "B" BEER PERMIT Lonna M. Ginter, 342 Main Street Pa scd, adapted and approved this 17th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord Al. Couchman Joseph J. Bitter Councilmen Attest: Le,) F. Frommelt City Clerk Councilman Bitter moved adop. tion of the resolution. Seconded by Mayor Meyers. Carried by the fol- lowing vote: Peas — Mayor Meyers, Council- men Bitter, Couchman, Molden. hauer, Pregler. Nays — None. RESOLUTION No. 250-70 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 nc-upied 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 340 Special Session, August 17, 1970 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 Donna M. Ginter, 342 Main 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 17th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Gaylord M. Couchman 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, Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 251.70 WHEREAS, applications for Li- quor 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 fol- lowing applications be granted and licenses issued upon the compli- ance with the terms of the IOWA LIQUOR CONTROL ACT—CHAP. TER 123 --as ameded by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Donna M. Ginter, 342 Main Street Passed, adopted and approved this 17th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Attest: Councilmen 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. hautr, Pregler. Nays — None. RESOLUTION No. 252-70 WHEREAS, application for Li. quor 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 I.aw and all City ordi. nances 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 Donna M. Ginter, 342 Main Street Passed, adopted and approved this 17th day of August, 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. 253.70 WHEREAS, the City of Dubu- que, Iowa and Illinois Central Rail- road Company have entered into a written licensing agreement where- in the railroad company is Grantor and the City of Dubuque, Iowa is Grantee, 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 1. That the proposed written licensing Agreement be- tween the Illinois Central Railroad Special Session, August 17, 1970 341 Company as Grantor and the City of Dubuque, Iowa, as Grantee, dated Augu.t 5, 1970, copy of which is hereto attached, he and the approved. same is hereby Section 2• ahat he Mayor be zed and directd- hc is hereby utho ed to execute said Agreement for and on behalf of the City of Du- buque, Iowa. Section 3. That the City Clerk be and tic is hereby authorized and directed to forward a certified copy of thi; Resolution to the said rail- road company. Passed, approved and adopted this 17th day of August, 1970. Donald R. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Councilmen Attest: Lea F. Frommelt City Clerk Mayor Meyers moved adoption of the resolution. Seconded by Coun Gilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter. Couchman, Molden- hauer, Pregler. Nays — None. RESOLUTION 25470 WHEREAS, Donald J. Mueller. a lifelong inhabitant of the City of Dubuque, Dubuque County, Iowa and, who for many years has car- ried on the burdens of a business. that is mosthighly complex and most highly competitive, and de- spite which he accepted the addi- tional duties as a member of the Dock Commission of the City of Dubuque, Iowa from October 5, 1967 to August 17, 1970, and WHEREAS, the said Donald J. Mueller distinguished his service on said Board of Dock Commis- sioners of the City of Dubuque, Iowa by his sincerity, by his desire to serve all segments of the popu- lation and by his devotion to the Principles of good government and to the principles of fair play among men, and WHEREAS, the said Donald J. Mueller by reason of the addition al burdens of his business has finally been required by the de- mands of said business to release the time he has devoted to the af- fairs of the Dock Commission of the City of Dubuque, Iowa in or- der that he may allocate additional time to the demands and rigors of his business, and WHEREAS, the said Donald J. Mueller has served the City of Dubuque and its inhabitants faith- fully, loyally and unstintingly re- flecting a true and simple devo- tion to the affairs of good govern- ment and to the principle of man working for his fellow men, and WHEREAS, the City Council of the City of Dubuque, Iowa in recognition of the devotion of the said Donald J. Mueller to the pub- lic will deems it appropriate that he be publicly recognized for the real merit and worth of his ef- forts. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Coun- cil of the City of Dubuque, Iowa recognizes and acknowledges the debt owing to Donald J. Mueller for the contribution and his tri- bute to the cause of good govern- ment and to the cause of true public service. Section 2. That the City Council of the City of Dubuque, Iowa recognizes that the demands of the business of Donald J. Mueller re- quires the devotion of full time and effort thereto and according- ly, with deepest regret and reluct- ance herewith accepts his resigna. tion from the Board of Dock Commissioners of the City of Du- buque, Iowa. Section 3. That this Resolution be spread upon the public record of the City of Dubuque, Iowa and that a certified copy hereof be transmitted by the Mayor to Don- ald J. Mueller. Passed, approved and adopted this 17th day of August. Donald It. Meyers Mayor Walter A. Pregler Wayne A. Moldenhauer Gaylord M. Couchman Joseph J. Bitter Attest: Leo F. Frommelt, City Clerk 342 Special Session, August 17, 1970 Councilman Pregler moved ad. option of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays—None. At 8:45 F.M. Councilman Preg- ler moved that the Council go into executive session to consider ap- pointments to the Human flights Commission and the Dock Board. Seconded by Mayor Meyers. Car ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. At 9:06 P.M. the Council recon- vened in regular session and Coun- cilman Bitter moved that Fred Schreiber be appointed to the Dock Commission to fill the unex- pired term of Don Mueller to 11- 26-70. 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 Pregler moved to ad- journ. Seconded by Councilman 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 4, 1971 Adopted January 4, 1971 Special Session, August 24, 1970 343 PITY COUNCIL OFFICIAL Special Session, August 24, 1970. Council met at 7:30 PA. Central DayligF:t Time, Present — Mayor Meyers, Coun- cilmen Bitter, Moldenhauer, Preg- ler. City Manager Gilbert D. Chav- enelle. havenelle. Absent—Councilman Couchman (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 CON- SIDERING ADOPTION OF A RES- OLUTION TO CONSIDER PRO- CEEDINGS RELATING TO THE ERECTION OF A JOINT LAW ENFORCEMENT CENTER AND TO CONSIDER THE FEASIBIL- ITY OF PLACING THE ISSUE ON THE NOVEMBER 3, ELECTION BALLOT TO FINANCE FROM THE SALE OF GENERAL OBLI- GATION BONDS and acting upon such other business as may prop- erly come before a regular meet- ing of the City Council. Communication of Mississippi Valley Milk Producers Association Inc. stating that they are in favor of voluntary annexation of the property known as Dubuque Cheese Factory, presented and read. Councilman Pregler moved that the communication be re- ferred to the Planning do Zoning Commission. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays --None. Absent—Councilman Couchman. August 21, 1970 To the Honorable Mayor and City Council We received a request for a street light to be erected on Hay- den Lane. The area has been in- vestigated and it is recommended that a 175 watt mercury vapor light be installed on a pole at the West end of Hayden Lane. This li"ht will be mounted on a short bracket. Respectfully requested, Gilbert D. Chavenelle City Manager Mayor Meyers moved approval Of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent — Councilman Couch- man. August 17, 1970 To The Honorable Mayor .And City Council During the past months, many complaints have been received re- garding the condition of a strue- 1 ure located at 942 Dodge Street, Dubuque, Iowa. I directed the. various City De- partments to make a complete in- spection of this structure and pre- mises. This inspection was made on February 18, 1970, and the fol. lowing is the report: June 10, 1970 Mr. Gilbert D. Chavenelle City Manager Dear Sir: On February 18, 1970, an inspec- tion was made of a story and one. half. single family, frame residence building at 942 Dodge Street, Du- buque, IoH*a. 'Phe interior of this home is un- clean, unsanitary and unfit for hu- man occupancy. The wiring is com- pletely inadequate and the plumb - in^ is very old and not in working order. The conditions that are present offer a definite fire hazard, a breeding place for rats, an attrac- tive nuisance for children and a detriment to this area. We recommend that immediate steps he taken to rectify this con- dition. The buildine is located on Lot 5 in Union Addition, City of Du- buque. and is owned by Mrs. Emma Pte Tahlan, 50.4 2Qth Street. Rock- ford, Illinois 611(10 and Miss Ade- line Studler, 503 29th Street, Rock- ford, Illinois 61100. Respectfully, Harold F. Zimmerman Housing Inspector Rob, rt N. Dunphy Fire Chief Donald J. Bandy. Building Commissioner After receiving this report, 1 personally inspected the premises. 344 Special Session, August 24, 1970 As a result of this inspection on June 12, 1970, 1 prepared the fol- lowing notice. June 12, 1970 NOTICE Miss Adeline Studier 303 29th Street Rockford, Illinois 61100 Dear Miss Studier: I have personally inspected the building known as 942 Dodge Street and located on I.ot 5 of Union Addi. do -i and find the conditions as they have been reported to me by the Building Commissioner, Fire Chief and the Housing Inspector sub4tantially correct. A copy of whose report is hereto attached and by reference made a part here- of. According to City Ordinance No. 35-52, you are hereby given ten (10) days notice to dismantle the build- inj and clean up the premises. Yours very truly, Gilbert D. Chavenelle City Manager City of Dubuque, Iowa June 12, 1970 NOTICE Mrs. Emma De Tablan 503 29th Street Rockford, Illinois 61100 Dear Mrs. De Tablan: I have personally inspected the building known as 942 Dodge Street, and located on Lot 5 of Union Addition and find the con- diti-)ns as they have been reported to me by the Building Commission- er, Fire Chief and the Housing In- spector substantially correct. A copy of whose report is hereto at- tached and by reference made a part thereof. According to City Ordinance No. 35-52, you are hereby given ten (10) days notice to dismantle the build- ing and clean up the premises. Yours very truly, Gilbert D. Chavenelle City Manager City of Dubuque, Iowa This notice has not be complied with and T recommend to the City Council that the provisions of Oe- dirance No. 35-32 be enforced and that the owners of said building known as 942 Dodge Street and located on Lot 5 in TJnion Addi- tion, City of Dubuque be required to dismantle said building and clean up the premises. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the Manager's recommen. dation and set the date of public hearing for September 21, 1970, Seconded by Mayor Meyers. Car. ried by the following vote: Yeas — Mayor Meyers, Council. men Bitter, Moldenhauer, Pregler. Nays — None. Absent — Councilman Couch- man. August 17, 1970 To The Honorable Mayor And City Council During the past few years many complaints have been received re- garding the condition of a struc- ture and premises locat^d at 1203 Grove Terrace (garages), Dubuque, Iowa. I directed the various Citv De- partments to make a complete in- spection of this structure and premises. This inspection was made on July 16, 1969, and the following is the report: July 15, 1970 Mr. Gilbert D. Chavenelle City Manager Dear Sir: On July 16, 1969, an inspection was made of a one story frame structure located on the south % of W. 25' of lot 760 of A. McDan- iels Sub -division owned by Dora. Donald and Lorin Fleege; and located on the north % of W. 25' of lot 760 of A. McDaniels Sub- division owned by .John and A^.n^s Weida. Records with Dubuque County Court House state that the structure is now owned by Dubu- que County. This building in years past was used as private garages and in re- cent years no particular use other than storage. Due to lack of repair and or- dinary maintenance this building has been allowed to become dilap- idated, unsightly and a hazard. The general condition as a fire hazard, a menace to adjoining Special Session, August 24, 1970 345 property, an attractive nuisance for children, and is a detriment to the area. We recommend that immediate steps be taken to rectify this con- dition. Respectfully yours, Harold F. Zimmerman Housing Inspector Robert N. Dunphy Fire Chief Donald J. Bandy Building Commissioner After receiving this report, I personally inspected the premises. As a result of this inspection on July 10, 1970, 1 prepared the fol lowing notice. July 10, 1970 Dubuque County Board of Super- visors, 720 Central Avenue, Dubuque, Iowa 52001 Dubuque County Treasurer 720 Central Avenue, Dubuque, Iowa 52001 Dubuque County Assessor 720 Central Avenue, Dubuque, Iowa 52001 Mr. Lorin C. Fleege 2599 Mineral Street, Dubuque, Iowa 52001 Mrs. Dora K. Fleege Kahl Home, Davenport, Iowa 52800 Mr, Donald Fleege Rural Free Delivery, Galena, Illinois 61036 John do Agnes Weida 1203 Grove Terrace, Dubuque, Iowa 52001 To Whom It May Concern: I have personally inspected the structure located on the south one- half of W. 25 feet of lot 760, A McDaniels Sub -division owned by Dora, Donald and Lorin Fleege. and located on the north one-half of W. 25 feet of lot 760, A. McDan- iels Sub -division owned by John and Agnes Weida; records in the Dubuque County Court House state that the structure is now owned by Dubuque County, and find conditions to be as they have been reported to me by the Hous- ing Inspector, Fire Chief and the Building Commissioner substan- tially correct. A copy of whose re- port is hereto attached and by reference made a part thereof. According to City Ordinance No. 35.52, you are hereby given ten (10) days notice to dismantle the building and clean up the premis- es. Yours very truly, Gilbert D. Chavenelle City Manager City of Dubuque, Iowa To The Honorable Mayor And City Council Dubuque, Iowa This notice has not been com- plied with and I recommend to the City Council that the provisions of Ordinance No. 35.52 be enforc- ed and that the owners of said building located on the south one- half of W. 25 feet of lot 760, A. McDaniels Sub -division, Dubuque County, Dubuque, Iowa, be requir- ed to dismantle said building and clean up the premises. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the Manager's recom- mendation and set the date of pub- lic hearing for September 21, 1970. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent—Councilman Couchman. Communication of Crawford C. Westbrook, of Gruen Associates, expressing thanks for the invite - tion to revisit Dubuque and share hopes and aspirations for its Pro,— parous future. 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, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Couchman. Communication of League of Wo- men Voters submitting a report on the straw vote taken at the County Fair on the feasibility of a joint law enforcement facility and also on the Restoration of the Court House, indicating it proved to be of little value, due to com- placency and the lack of valid in- formation, presented and read. Mayor Meyers moved that the communication be received and filed. Seconded by Councilman 346 Special Session, August 24, 1970 Pregler. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Couchman. Proof of Publication, certified to by the Publisher, of Statement of Receipts and Disbursements also a list of claims for which warrants were issued during the month of July 1970, presented and read. Councilman Bitter moved that the proof of publication be received and filed. Seconded by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Couchman. Petition of Parents & Booster Club of Colt .45 Drum & Bugle Corp; requesting permission to park a concession truck at the end of the parade route on Saturday, Sep- tember 5, 1970, presented and read. Councilman Pregler moved that the petition be granted and referred to the City Manager. Seconded by Mayor Meyers. Car- ried by the following vote: Yeas — Mayor Meyers, Coun. cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Couchman, August 21, 1970 To the Honorable Mayor and City Council I submit to you the proposed contract between the Highway Commission and the City for main. tenance of primary road exten- sions within the city. I recommend the contract to You and request authority to sign it on behalf of the City. 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 Bitter, Moldenhauer, Preg- ler. NaYs—None. Absent—Councilman Couchman. August 21, 1970 Honorable Mayor and City Council Members The City Planning and Zoning Commission has held a public hearing on a proposal to reclassify from Single Family Residence to Multiple Residence property de• scribed as: that, portion of the fol- lowing described property located in the SW?/4 of the NWS/4 of Sec- tion 24, T89N, R2E, of the 5th P.M., in the City of Dubuque, Iowa; Lot 1 of 1 of 2, Lot 1 of 6, Lot 2 of 7, I.ot 1 of 6, I.ot 3 of 6, Lot 2 of 5, Lot 2 of 1 of 5, Lot 1 of I of 5 and Lot 3 of 3, all in L. H. Langworthy's Subdivision in the City of Dubuque, Iowa; and Lot 1 and Lot 2 of M. A. Rebman's Subdivision of Lot 1 of Lot 4 of L. H. Langworthy's Subdivision; 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 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: and l.ot 1, Lot 1 of 1 of 2, Lot 2 of l of 2, and Lot 2 of 2, all in Duncan's Subdivision; all above described property in the City of Dubuque, Iowa. This property is located along Clarke Drive and Heeb Street, The Commission found that the area in question is developed for Single Family, Two Family and Multiple Family uses. It is bor- der on the East by Commercial development, on the South by a nursing home, and on the North and on the West by one and two family uses. This proposal was considered in response to a request to have a single lot at the corner of Clarke Drive and Heeb Street reclassified from Single Family Residence to Multiple Residence, In reviewing the zoning maps it was found that a small Single Family District ex- ists in this area and was sur- rounded by Two Family Residence and Multiple Residence, and Busi- ness classifications, and within this Single Family District the Two Family and Multiple Family uses were non -conforming. The propos- al under consideration would make all of the uses conforming and would provide more continuity on the zoning map. Special Session, August 24, 1970 347 It is the recommendation of the Commission that the property de- scribed be reclassified from Single Family Residence to Multiple Resi Bence on the zoning map. Respectfully submitted, City Planning and Zoning commission Don Gilson City Planner Councilman Pregler moved that the recommendation be referred to the City Solicitor for proper proceedings. Seconded by Mayor Meycrs. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays—None. Absent—Councilman Couchman. August 19, 1970 Honorable Mayor and Guy Council On May 18, 197U, Mrs. Leo Kraft, Sr., of 135 Montgomery Avenue, East Dubuque, Illinois filed claim against the Lily of Dubuque In all unspecified amount fur injuries al- leged suffered oil the Stn day of play, 197U as the result of an al leg%:d fall on a public sidewalk ad- jacent to the prenuses known as 1370 Dodge Street in the City 01 bubuque, claimant alleging inju ries to her left arm and shoulder as the result of said fall, and this matter was referred to this writer. I have made an investigation of this matter and have reviewed the medical bills and the doctor's re- port. Claimant, through her attor- ney, has made an offer of settle- ment of this claim in the amount of $142.50, and it is the recommem dation of the City Attorney that said offer of settlement be steep ted and that the City Auditor be instructed o draw a warrant pay- able to Mrs. Leo Kraft, Sr. in the amount of $142.50 and transmit the same to the City Attorney for de- livery upon receipt of duly execu- ted releases. Original claim is re- turned herewith. Respectfully submitted, R. N. Russo City Attorney MaYor Meyers moved approval of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yca.; — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent — Councilman Couch. man. Petition of Kenneth A. Warne et al requesting that parking be li- mited to two hours on Clarke Drive uetween N. Grandview and St. Am- brose S.reet, presented and read. -:'ouncilman Pregler moved that the petition be referred to the City Manager and Traffic Committee for investigation and report. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent — Coucnlman Couch- man. 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 Moldenhauer. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent — Councilman Couch- ;nan. Mr. Ken Warne of 2033 Clarke Drive addressed the Council rela- tive to his petition. Parking in the area is extremely bad during the .School season. Notice of claim of Richard Ko - ick II1, in the amount of $150 for injuries received in a fall at the southwest corner of 10th & Main itrect on August 3, 1970, present- ed and read. Councilman Bitter m wed that the claim be referred to the City Attorney for proper action. Seconded by Mayor Meyers. Carried by the following vote: Yeas -- Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent — Councilman Couch- man. Notice of claim of Ralph Blaser, in the amount of $30.00, for car damage incurred as the result of being forced off the traveled por- tion of the street between Main & Locust on Seventh, in the Urban Renewal construction area oil Au. gust 14, 1970, presented and rend. Councilman Bitter moved that the claim be referred to the City At- torney for proper action. Seconded 348 Special Session, August 24, 1970 by Mayor Meyers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Couchman, Molden- hauer, Pregler. Nays — None. Absent — Councilman Couch- man. Notice of claim of Mrs. Wm. R. Billington Jr., in the amount of $78.85, for car damage incurred as the result of a fallen limb from a diseased Dutch elm tree at 492 Haydens Lane on August 15, 1970, presented and read. Councilman Bitter moved that the claim be re- ferred to the City Attorney for pro- per action. Seconded by Mayor Me- yers. Carried by the following vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent — Councilman Couch- man. Notice of claim of Harold Styer, in an undetermined amount, for car damage as the result of a foul ball striking the windshield while parked on the parking lot near Pe- trakis field on August 22, 1970, presented and read. Councilman Bitter moved that the claim be re- ferred to the City Attorney for pro- per action. Seconded by Mayor Me- yers. Carried by he following vote: Yeas — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent — Councilman Couch- man. August 21, 1970 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed the final plat of Block 2 in the Dubuque Downtown Plaza, City of Dubuque, Iowa. The Commission has found that the plat is in accord with the Ur- ban Renewal Plan for the City of Dubuque, Iowa, and meets the mi- nimum requirements of the Ordi- nance. It is the recommendation of the Commission that the proposal be approved. Respeelfully submitted, CITY PLANNING AND ZONING COMMISSION Dnn Cilson 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, Moldenhauer, Pregler. Nays — None. Absent — Councilman couch man. RESOLUTION NO. 255.70 Approving the Plat of Block 2 in Dubuque Downtown Plaza in the Downtown Urban Renewal Project Area. WHEREAS, under date of March 2, 1970, the City Council of the City of Dubuque adopted Resolu- tion No. 55-70 approving the plat of Block 2 in Dubuque Downtown Plaza; and WHEREAS, said Block 2 is un- der a Contract to sell for private redevelopment; and WHEREAS, for construction and financing purposes, it is desirable to further subdivide said Block 2; and WHEREAS, a plat of Block 2 in Dubuque Downtown Plaza being comprised of Lot 1 of Block 2 and Lot 2 of Block 2, each in the City of Dubuque, Iowa, has been exam- ined 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 plat of Block 2 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, dated August 12, 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 City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Special Session, August 24, 1970 349 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 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 Councilman Pregler. Carried by the following vote: Yeas—Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays—None. Absent—Councilman Couchman. RESOLUTION NO. 25670 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 ordinances of the City. CLASS "B" BEER PERMIT James Richard Bainbridge, 1375 Locust Street. Michael F. Pusateri, 2560 Dodge Street. Passed, adopted and approved this 24th day of August, 1.970. 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 — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent -- Councilman Couch. man. RESOLUTION NO. 257.70 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have reived the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordiances 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 James Richard Bainbridge, 1375 Locust Street. Michael F. Pusateri, 2560 Dodge Street. 13E IT FURTHER RESOLVED that the bonds filed bu such appli- cants be and the same are here- by approved. 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 — Mayor Meyers, Council- men Bitter, Moldenhauer, Pregler. Nays — None. Absent --- Councilman Couch- man. RESOLUTION NO. 258-70 WHEREAS, applications for I..iq- 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, 1968.