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Y Roll_36 Part 03
154 Special Session, April 19, 1971 April 8, 1971 To the Honorable Mayor and City Council This is to advise that the sani. tary sewer laid in Kennedy Circle just off John F. Kennedy Road and behind Clemens Motor Sales for Hillcrest Builders, Inc. construct- ed by Fondell & Sons, Inc. of Du- buque, Iowa, all in Key Knolls Sub- division in the City of Dubuque, Iowa, has been completed in ac- cordance with plans and specifica- tions with the condition that the repair of the infiltration of water will be corrected by April 11, 1971, per attached letter from Fondell & Sons, Inc. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Couch- man. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. April 15, 1971 To the Honorable Mayor and City Council I herewith submit the monthly reports of the City Treasurer, City Auditor and a list of claims for the month of March 1971. Respectfully, Gilbert D. Chavenelle. City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers. Moldenhau- er, Pregler. Nays—None. April 15, 1971 To the Honorable Mayor and City Council We have a considerable number of uncollected bills which have been issued by the city to individ• uals for ambulance service. The City Auditor and 1 would like to discuss this situation with you at Council meeting. Attached is a letter dated April 12 received from Mr. Hr4tzmar which describes the situation. A list of the names of those whc have not paid the bills is available If you desire. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the communication and list be re- ferred back to the City Manager to take any action he deems neces- sary. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. April 8, 1971 flon. Mayor and City Council On February 24. 1971, Mrs. Don- ald Cullen of 93 North Algona, this city, filed claim against the City of Dubuque in the total sum of $33.38 for injuries allegedly re- ceived on January 8, 1971 as the result of slipping and falling on the sidewalk at a point near 2463 Central Avenue, this city and said damages claimed are for doctor bill, loss of a day's wages and cab fare after the fall. I have made an investigation of this matter and have conferred with clainmant and have reviewed the medical bill and claimant has made an offer of settlement of this claim in the amount of $33.38 and it is the recommendation 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. Donald (Margaret Cullen) and Don- ald Cullen, husband and wife in the amount of $33.38 and transmit the same to the City Attorney for delivery upon receipt of duly exe- cuted releases. Original claim is attached hereto. Yours very truly, R. N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None, April 8, 1971 Hon. Mayor and City Council On January 29, 1971, Mrs. Betty (Francis) Barrett of 515 Almond Street, this city, filed claim against Special Session, April 19, 1971 155 the City of Dubuque, claiming dam- ages for the total amount of $102.00 and alleging that said dam- ages were for doctor bill, loss of wages and rental of crutches and further claiming that said damages and personal injury resulted from a fall in the street near said ad- dress on January 13, 1971 and that said fall was caused by ice and snow on an unsalted street. I have made an investigation of this matter and have learned that there was a snow fall on that date and that claimant fall in the street attempting to reach her car, and from the facts learned and the per- tinent laws, it is the opinion of the writer that there was no action- able negligence on the part of the City of Dubuque and therefore it is recommended that said claim be denied. Original claim is attached here- to. 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 Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. returned herewith. Respectfully submitted, R. N. Russo, City Attorney Councilman Bitter moved ap. proval of the recommendation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. April 16, 1971 Hon. Mayor and City Council On March 16, 1971, John J. Pins of 2405 Maryville Drive, this city, filed claim against the City of Du- buque claiming damages to his motor vehicle on March 13, 1971 as the result of striking a hole in the blacktop in the street in the 700 block of West 32nd Street and alleging said damages were in the total amount of $108.25. This matter was investigated by the City Attorney's Office who also checked with the Street De- partment and based on the facts and existing law finds there is no actionable negligence by the City of Dubuque and therefore recom- mends that said claim be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney April 16, 1971 Hon. Mayor and City Council On March 30, 1971, the City of Dubuque was put on notice of a fall by Ann Filiatrault on a city public sidewalk on February 10, 1971 on the property of Vivian B. Snyder, 950 Spruce Street, this city and claiming doctor bills, X-rays and loss of wages. This matter was referred to the City Attorney who has made an investigation of the matter and re- viewed the doctor bills and claim- ant has made an offer of settle- ment in the amount of $20.25 and in view of the foregoing it is the recommendation of the City Attor- ney that said offer of settlement be accepted and that the City Aud- itor be instructed to draw a war- rant payable to Ann Filiatrault in the amount of $20.25 and transmit the same to the City Attorney for delivery upon receipt of duly exe- cuted releases. Original notice is Councilman Bitter moved ap- proval of the recommendation. Sec. onded by Councilman Meyers. Car. ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. April 18, 1971 Hon. Mayor and City Council On March 29, 1971, Donna D. Richman of 804 Rose Street, this city, filed claim against the City of Dubuque in the total amount of $75.00 and claiming said damages occurred to her vehicle on March 20, 1971 as the result of striking a hole in the street near Flora Pool on Green Street and allegedly re- sulting in a flat tire, broken rear spring and damaged radiator. This matter was investigated by the City Attorney's office who also checked with the Street Depart. ment and based on the facts and existing law finds there is ao no- Special Session, April 19, 1971 Councilman Bitter All Points Cable Inc. Special Session, April 19, 1971 157 Petition of Knights of Columbus requesting that the proposed plant- ing of two trees in front of their building at 781 Locust Street, be abandoned, due to lack of adequate space, presented and read. Mayor Couchman moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Petition of Special Olympics Committee requesting that April 24, 1971 be proclaimed "Special Olympics Day" and further re- questing support of Special Olymp- ics for the benefit of mentally re- tarded children, presented and read. Councilman Pregler moved that the petition be received and filed and the Council endorse the Mayor's proclamation. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Petition of Memorial Day Com- mittee requesting permission to conduct their annual Memorial Day Parade on May 31, 1971, presented and read. Councilman Pregler mov- ed approval of the petition. Sec- onded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Petition of Dubuque Office Equip- ment Company requesting permis- sion to construct a marquee in front of the building at 1654 Cen- tral Ave., presented and read. Councilman Meyers moved that the petition be referred to the City Manager for proper proceedings. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. ORDINANCE No. 17.71 An Ordinance Amending Or- dinance No. 3349 known asthe "Traffic Code of Dubuque, Io- wa" as amended by repealing Section 69 of Schedule VI there- of and enacting a new Section 69 to Schedule VI thereof to pro- hibit the parking of motor ve- hicles on the south side of Hill- crest Road from Asbury Road to Avalon Road and from John F. Kennedy Road to St. John Drive, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer., Pregler. Nays — None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Ordinance No. 17-1 and the VI in lieu thereof as tonows: Schedule VI 69. South side of Hillcrest Road from AbsurY Road to Avalon Road and from John F. Ken- nedy Road to St. John Orly T. Passed, a se o ,t proved and adopted this 19 Gaylord ylor M. Couchmen Mayor waster A. Pregler Done ld R. Menders Auer Joseph uleterConcimn ATTEST: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 22nd day of April, 1971. Leo o.CF rkmeit Cityit. 4/22 Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, hauer, Pregler. Nays -- None. 158 Special Session, April 19, 1971 ORDINANCE No. 18-71 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Io- wa" as amended by repealing Subsection 9 of Section 8.1 thereof and enacting a new Sub- section 9 to Section 8.1 in lieu thereof establishing a speed li- mit on John F. Kennedy Road from Highway Number 20 to Asbury Road, presented and read. Councilman Meyers moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Councilman Bitter, Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Ordinance No. 111-71 Section 1. That Ordinance No. 33.49 known as the 'Traffic Code of Du. buque, Iowa" as amended be and the same Is hereby amendedby repealing subsection 9 of Section 8.1 and enact- ing a new subsection 9 to Section 8.1 In lieu thereof as follows: al. Thirty-five miles per hour on John F. Kennedy Road from Highway Number 2g to Asbury Road. Passed, approved and adopted this 19th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Mo.denhauer Donald R. Meyers Joseph J. Bitter ATTEST: Councilmen Leo F. Frommelt City Clerk Pub:ished officially in The Telegraph. Herald Newspaper this 22nd day of April, 1971. Leo F. Frommelt It 4/22 City Clerk. Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 19.71 AN ORDINANCE VACATING ALLEY LYING EAST OF AL_ PINE STREET BETWEEN REE - DER STREET AND DODGE STREET IN THE CITY OF DU- BUQUE, IOWA AND DISPOS- ING OF INTEREST IN SAME, presented and read. Councilman Bitter moved that the Ordinance be referred to the Planning & Zoning Commission for investigation and report. Se- conded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Mr. Gary Follman, as a repre- sentative of S & A Realty, ad- dressed the Council as a pros- pective buyer of the former Del Farm property. Cullen-Schiltz & Associates Consulting Engineers and Rossiter & Hamm architects have been engaged and submitted a plan whereby erosion from the alley between Reeder and Dodge Streets can be controlled. Councilman Meyers moved that the City Attorney be authorized to negotiate agreement, ith the pro- posed purchaser, for the City Ma- nager to execute. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Mr. Michael Remakel appeared before the Council and stated that he was not consulted as an abutting Property owner to the alley, as to what is proposed to stop erosion of his property. RESOLUTION No. 106-71 WHEREAS, the S & A Realty Co., a Missouri corporation, has transmitted a proposal to pur- chase the alley lying immediately north of Dodge Street between Alpine and Hill Streets being twenty feet in width and approxi- mately 260 feet in length same Special Session, April 19, 1971 159 being situated and bordering the northerly boundary of the "Del - Farm Store property" and has offered to purchase the same for $1,500.00 and in addition thereto has undertaken and agreed to in- stitute soil erosion improvements to the end that the integrity of said alley be retained and pre- served. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposition of interest of the City of Dubu- que in and to said alley to S & A Realty Co. for the sum of $1,500.00 be and the same is hereby approv- ed subject to the following condi- tions: 1) That the purchaser pay the cost of publication and no abstract of title be furnished and conve- yance be made by Quit Claim Deed, subject to 5' pedestrian easement along northerly -most portion of said alley. 2) That the soil erosion improve- ments in, on and to said alley be approved in writing by the City Engineer together with an en- gineer selected by the purchaser certifying that the proposed im- provements will correct and pre- serve said alley from erosion, to the end that the private property abutting thereon may be reason- ably furnished lateral support, and purchaser undertakes to make and maintain said improvements. Section 2. That the City Clerk be and he is hereby authorized and directed to cause notice of intent to dispose of interest in real es- tate to be published as is by law required. Passed, approved and adopted this 19 day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 107.71 WHEREAS, Merlin H. Bradley and Dorothy R. Bradley, husband and wife, have executed a War- ranty Deed conveying to the City of Dubuque the following describ. ed real estate Lot 2 of the Subdivision of Lot 2 of Lot 1 of the Northeast Quarter of the Northwest Quar- ter all in Section 35, Township 88 North, Range 2 East of the 5th P.M., in the County of Du- buque, Iowa and, WHEREAS, said property was the subject of Eminent Domain proceedings by the City of Du- buque on which Sheriff's Jury awarded the sum of $10,500.00 and that the City of Dubuque paid an additional $1,500.00 on appeal to the District Court of Dubuque County, Iowa by way of compro- mise of said appeal, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Warranty Deed of Merlin H. Bradley and Dorothy R. Bradley, husband and wife, conveying the above described real estate to the City of Dubu- que be and the same is hereby accepted and the City Clerk be and he is hereby ordered to re- cord said Warranty Deed in the office of the recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 19th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. 160 Special Session, April 19, 1971 Communication of City Engineer White requesting authorization for the City Manager to execute an application with the Iowa State Iiighway Commission for perpetual permission to occupy portions of the public State High- way right of way for construction of the Center Grove Valley Sani- tary Interceptor sewer, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 108.71 NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Manager be and he is hereby authorized and direct- ed to execute an application dated April 19, 1971 with Iowa State Highway Commission, a copy of which application is attached, re- specting the construction of an 18" vitrified sanitary sewer across Highway No. 20 at Highway Station 2347 - 27. Passed, approved and adopted this 19th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk I, Leo F. Frommelt, Clerk of the City of Dubuque, Iowa do hereby Certify the foregoing to be a true and correct copy of a Resolution adopted by the City Council of the City of Dubuque, Iowa at a meet. ing on 19th day of April, 1971, that said Resolution is still in effect; that the application referred to herein, attached thereto, is in the form executed. Witness the seal of the said City of Dubuque, Iowa and my signa ture this 19th day of April, 1971 Leo F. Frommelt, City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 109.71 Authorizing the Publication of Notice of Sale of Project Notes (Third Series 1971) and the Re - calving 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- newal Project, Iowa R-15; and WHEREAS, under date of April 7, 1969, the Council of the City of Dubuque adopted Resolution No. 87-69 authorizing to be issued, from time to time, Project Notes in con- nection with the Downtown Urban Renewal Project, Iowa R-15, in an aggregate principal amount out- standing at any one time of not to exceed $8,624,313; and WHEREAS, under date of Janu- ary 18, 1971, the Council of the City of Dubuque authorized the issuance and sale of its Project Notes in the aggregate principal amount of $3,082,000 to finance certain undertakings in connection with the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, in order to refinance the outstanding Project Notes and provide additional working capital, it is necessary for the City of Du- buque to sell Project Notes (Third Series 1971) totaling $3,305,000; 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 tabulate pro- posals for the sale of said notes and to send telegrams of accept- ance to the low bidder or bidders Special Session, April 19, 1971 161 all in accordance with instructions covering such transactions as pro- vided by the Department of Hous- ing and Urban Development, Unit- ed States of America. Section 3. That a meeting of the Council of the City of Dubuque shall be held after the bid opening date of May 4, 1971, to adopt such resolution or resolutions necessary for the consummation of the sale of Project Notes (Third Series 1971) to the lowest bidder or bid- ders. Passed, approved and adopted this 19th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk d information with respect to he conditions of this sale may be )btained from the April 20, 1971 ssue of The Daily Bond Buyer. CITY OF DUBUQUE, IOWA By Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. EXHIBIT "A" NOTICE OF SALE—PROJECT NOTES CITY OF DUBUQUE, IOWA (Name of Local Issuing Agency) Sealed proposals will be received by City of Dubuque, Iowa (herein called the "Local Issuing Agency") at Council Chambers, City Hall, 13th and Iowa in the City of Du- buque, State of Iowa, 52001 until, and publicly opened at, One o'clock P.M. (E.D.S.T.) on May 4. 1971, for the purchase of $3,305.000 of Project Notes (Third Series 1971), being issued to aid in finan- cing its project(s) as follows: Amount: $3.305.000; Series: Third - 1971; Maturity: 12-17-71 The Notes will be dated June 1, 1971, 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 Local Issuing Agency. Copies of such form of proposal and information concern- ing the Notes may be obtained from the Local Issuing Agency at the address indicated above. Detail- RESOLUTION NO. 110.71 Authorizing the Execution of a Supplemental Agreement with Barton-Aschman Associates, Inc. For Phase II Services for the Main Street Pedestrianway, Downtown Urban Renewal Proj- ect, Iowa R-15 WHEREAS, under date of July 22, 1969, Barton-Aschman Associ- ates, Inc. was retained to provide 1, Final Design and Preparation of Construction Plans, Specifica- tions, and Contact Documents. 2. Additional Services on an "as directed" basis including but not limited to A. Review of and development of recommendations on redevel. opment proposals involving the Main Street Pedestrianway and/or its linkages. B. Locating the tagging approp- riate plant materials and other special features. C. Special presentations. In connection with the Main Street Pedestrianway; and WHEREAS, to complete the Ped. estrianway design and construc. tion in Two Phases, it is necessary to extend the above mentioned Contract completion time and to provide additional compensation for the continuation of services by Barton-Aschman Associates, Inc.; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City Manager be and he is hereby authorized and directed to enter into a Supple- mental Agreement to the Contract dated July 22, 1969, with Barton- Aschman Associates, Inc. to Pro- vide for the continuation of serv- ices during the design and con* 152 Special Session, April 19, 1971 struction stage of Phase II of the Main Street Pedestrianway, Iowa R-15, at an additional cost not to exceed $12,000. Passed, approved and adopted this 19th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt. City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION No. 111.71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. H. W. Shetler, 1902 Central Ave. BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 19th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Council. men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. RESOLUTION No. 112.71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT The Dungeon Ltd., 3rd & Locust St. Passed, adopted and approved this 19th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. RESOLUTION No. 113.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT The Dungeon Ltd., 3rd & Locust St. BE IT FUR'T'HER RESOLVED that the bonds filed by such appli- ants be and the same are hereby approved. Special Session, April 19, 1971 163 Passed, adopted and approved this 19th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. RESOLUTION No. 11471 WHEREAS, applications f or Liquor Permits have been submit- ted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the fol- lowing applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT—CHAP- TER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT The Dungeon Ltd., 3rd & Locust St. Passed, adopted and approved this 19th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. RESOLUTION No. 115.71 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 The Dungeon Ltd., 3rd & Lo- cust Street Passed, adopted and approved this 19th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. At 9:40 P.M. Councilman Preg- ler moved to go into an executive session to consider a personnel matter in the Fire Department. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. At 10:12 P.M. the Council re, convened in regular session with the City Attorney making the an- nouncement that a complaint was considered on a city employee ope- rating a business on his own time and on the present showing no basis existed in fact that called for any disciplinary action. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman 164 Special Session, April 19, 1971 Pregler, Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Leo F. Frommelt City Clerk Approved June 28, 1971 Adopted June 28, 1971 Special Session, April 29, 1971 185 CITY COUNCIL OFFICIAL Special Session, April 29, 1971. Council met at 4:30 P.M. (C.D.T.) Present — Mayor Couchman, Councilmen Meyers, Moldenhauer, Pregler. City Manager Gilbert D. Chavenelle. Absent — Councilman Bitter. Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is called to RECEIVE A STA- TUS REPORT FROM THE OWN- ER OF THE PROPERTY LOCAT. ED AT THE CORNER OF 8th & LOCUST IN THE DOWNTOWN URBAN RENEWAL PROJECT AREA and acting upon such other business as may properly come before a regular meeting of the City Council. April 29, 1971 To the Honorable Mayor and City Council I have granted a permilt to Thomas King a student at Loras College to conduct a memorial service at Town Clock Square on April 30th at 7:00 P.M. I have had this checked out by Mr. Don Leopold, our Ad Hoc Plaza Com- mittee, in order to insure that there would be no conflicts, and I have arranged that the petitioner will see Mr. Paul Kalb and the Chief of Police today. Would you be good enough to affirm this action. Respectfully, Gilbert D. Chavenelle City Manager Mayor Couchman moved affir- mation of the action taken by the City Manager. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Pregler. Nays — None. Absent — Councilman Bitter. RESOLUTION No. 116.71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ci- garettes within the City of Du- ' buque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. The Dungeon, Ltd., 3rd A Lo. cust Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 29th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Pregler. Nays — None. Absent — Councilman Bitter. RESOLUTION No. 117.71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Herbert F. Bisping, 1401 Elm Street Richard N. Stecklein, 450 West Lo- cust Street Karl Henry Oleson, 1701 Asbury Street Raymond Ney, 2186 Central Ave- nue Denise O'Neill, 55 Locust Street Passed, adopted and approved this 29th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop. tion of the resolution. Seconded by Councilman Pregler. Carried 166 Special Session, April 29, 1971 by the following vote: Yeas — Mayor Couchman. Coun- cilmen Meyers, Moldenhauer, Pregler. Nays — None. Absent — Councilman Bitter. RESOLUTION No. 118.71 WHEREAS, applications for Beep 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 Herbert F. Bisping, 1401 Elm Street Richard N. Steeklein, 450 West Lo- cust Street Karl Henry Oleson, 1701 Asbury Street Raymond Ney, 2186 Central Ave- nue Denise O'Neill, 55 Locust 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 April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop-( tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Pregler. Nays — None. / Absent — Councilman Bitter1 The Council discussed the ryIi ter of going into an executive ses- sion, to consider the status of the property at 8th and Locust,. owned by the Fischer Investme Co., in the Urban Renewal are City Attorney Romolo N. Rus o; was consulted by the Council and advised against an executive ses- sion. There was an agreement made by both the City and Fischer Investment to buy and sell the property and there really is noth. ing new. It should also be borne in mind that other people were inter- ested in the sale of the property at the time. Mr. Louis Pfohl was in attendance and stated that he was under the impression that the mat- ter would be discussed in an execu- tive session. He would not discuss the status of the property in an open meeting because he had no legal counsel with him. He did not want to be put under pressure. Councilman Moldenhauer moved that the Mayor attempt to re- schedule a meeting with Mr. Pfohl to discuss the matter he was con- cerned about. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Leo F. Frommelt City Clerk Approved ... jmw... s..... 1971. ......`... e1. ,r. ... 197 Atte 11 City Clerk Regular Session, May 3, 1971 167 CITY COUNCIL OFFICIAL Regular Session, May 3, 1971. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Couchman, Councilmen Meyers, Moldenhauer, Pregler. City Manager Gilbert D. Chavenelle. Absent—Councilman Bitter (out of city). Mayor Couchman read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEET- ING of the Council called for the purpose of acting upon such busi- ness as may properly come before the meeting. Communication of Councilman Joseph J. Bitter expressing regret as not being able to attend the Council meeting as he was called out of town on business, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Communication of State Depart- ment of Health issuing permit No. 71.93-S for Water Main Extension in Peru Road, 2897.6' of 15" S.P. Notice No. 71-36-W, presented and read. Councilman Pregler moved that the communication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Communication of Earl G. Aron- son objecting to the removal of a street light from 684 Kane Street in July 1970, evidently given the Promise that it would be replaced, but has not been done so by the Power Company, presented and read. Mayor Couchman moved that the communication be received and filed. Seconded by Council man Pregler. Carried by the fol lowing vote: Yeas — Mayor Couchman, Coun- ,ilmen Meyers, Moldenhauer, Preg- er. Nays—None. Absent—Councilman Bitter. Communication of Board of Dock ..ommissioners recommending de- iial of Paul Henkel's request for -eplacement of a boat ramp that ;vas removed in the construction A the flood gates, presented and read, Councilman Meyers moved Jia the communication be received and field. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Communication of Ronald G. Rauch making inquiry as to what, if anything, has been done as to a recycling center for aluminum, presented and read. Mayor Couch- man moved that the communica. tion be received and filed and re. ferred to the City Manager. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Communication of Low Rent Housing Commission submitting minutes of their meeting held on April 20, 1971, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. April 27, 1971 The Honorable Mayor and Members of the City Council. In accordance with the provi- sions of Chapter 365 of the Code of Iowa, 1966 the Civil Service Commission conducted Promotion- al examinations on April 17, 1971, for members of the Police De- partment for Captain and Ser- geant -Detective. The following members of the Police Department passed the writ- ten examinations with an average of seventy per cent or better. 168 Regular Session, May 3, 1971 CAPTAINS Lambert, Terrance F. 73.5' Egan, Patrick J. 72.4r"o Hynes, James C. 70.817c SERGEANT -DETECTIVE Mauss, John J. 84.5% Koerperich, Ronald L. T. 78.5% Gotinvaux, Cletus J. 76.0% Oswald, Cyril W. 73.5% Lehman, Eugene J. 73.05c Sand, Michael W. 73.0% Kisting, Mark H. 72.0% Sjobakken, Gerald M. 72.0% Hirsch, Gerald L. 70.5" 'c All promotions from the Police Department should be made from this list. Respectfully submitted, LeRoy H. Giles Chairman Gerard B. Noonan Louis F. Fautsch Civil Service Commision Attest: Leo F. Frommelt City Clerk Subscribed and sworn to be- fore me this 28th day of April, 1971. Eugene J. Berens Notary Public Councilman Meyers moved that the communication be received and made a matter of record. Se- conded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldernhauer, Preg- ler. Nays - None. Absent - Councilman Bitter. April 27, 1971 The Honorable Mayor and Members of the City Council. In accordance with the provi- sions of Chapter 365 of the Code of Iowa, 1966, the Civil Service Commission conducted Promotion- al Examinations on April 17, 1971 for members of the Fire Depart. ment. The following members of the Fire Department have passed the written examinations with an ave- rage of sventy percent or better. CAPTAINS Miller, James C. 82.0% Deckert, John J. 80.5% Udelhofen, Gerald L. 80.5% Remington, Maurice W. 79,5% Link, Lyle R. 79.0% Ruden, Richard W. 79.0% Simon, Thomas A. Andresen, James P Pregler, John P. Weber, Edward J. LIEUTENANTS 77.0% 72.5% 71.0% 70.0% Kann, Ronald T. 81.1% McCoy, ,John B. 76.4% Miller, William T. 75.2% Massey, Robert R. 74.1% Lampers, John M. 73.5% Boland, Robert C. 71.7% EQUIPMENT OPERATORS Kluesner, David F. 76.2% Jochum, Wayne F. 71.2% All promotions from the Fire Department should be made from this list. Respectfully submitted, LeRoy H. Giles Chairman Gerard B. Noonan Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 28th day of April 1971. Eugene J. Berens Notary Public Councilman Meyers moved that the communication be received and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays - None. Absent - Councilman Bitter. May 3, 1971 To the Honorable Mayor and Members of the City Council. In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted Entrance Examination on March 3, 1971, for applicants to the Police Depart- ment. The following have passed both the written and physical examina tions and are hereby certified for appointment to the Police Depart- ment. Dolphin, Dennis E. 94% Weis, Dave J. 87% Schmitt, John C. 86% Key, Eugene P. 75% Regular Session, May 3, 1971 169 Mullady, Judd R. 75% Bradac, Theodore G. 73% Respectfully submitted, LeRoy H. Giles Chairman Louis F. Fautsch Gerard B. Noonan Civil Service Commision Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 3rd day of May 1971. Eugene J. Berens Notary Public Councilman Meyers moved that the communication be received and made a matter of record. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent—Councilman Bitter. April 22, 1971 To the Honorable Mayor and City Council I submit the letter of Mr. Ro- bert J. Dyer, dated April 19th, in- dicating that the Interstate Power Company will discontinue bus ser- vice on Monday and Friday even- ings in Dubuque, effective June 1, 1971. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and and filed. Seconded by Mayor Couc>>man. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer. Preg- ler. Nays — None. Absent — Councilman Bitter. April 26, 1971 To the Honorable Mayor and City Council Commissioner John Sherman presented the 1970 report of the County -City Authority on April 23 I submit it to the Council fol consideration. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved tha' the report be received and filed Seconded by Councilman Molder haver. Carried by the followini vote: Yeas — Mayor Couchman, Coun- :ilmen Meyers, Moldenhauer, Preg- er. Nays — None. Absent — Councilman Bitter. April 23. 1971 ro the Honorable Mayor and City Council I herewith submit the reports of the Water Superintendent and Health Department for the month of March 1971. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenbauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Proof of Publication, certified to by the Publisher, of Statement of Receipts and Disbursements, also a list of claims for the month of March 1971, presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. April 29, 1971 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. COMPREHENSIVE LIABILITY Fischer and Company, Inc., Etal., Bituminous Casualty Corporation Richard J. Schlitz, DBA: Key City Contractors, Wolverine Insur- ance Company SIDEWALK James G. Becker, Western Surety Company Albert W. Clark, Merchants Mutual Bonding Company Link Construction Company, John T. Link DBA, United States Fi- delity & Guaranty Co. Frank E. Miller, United Fire & Causalty Co. Raphael H. Strub, Western Surety Company 170 Regular Session, May 3, 1971 J, W. Hansen Construction Co.. Merchants Mutual Bonding Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the policies and bonds be filed subject to approval of the City At torney. Second^d by Mavnr Cm -1, man. Carried by the following vote. Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. April 29, 1971 To the Honorable Mayor and City Council I am returning to you the peti- tion of Mrs. Kenneth W. Ring ob jetting to businesses being ope- rated in residential areas at 2782 Buena Vista Street and 105 West 17th Street. Also, I am returning a petition by which the signers indicate that they have no objec- tion to the operation being con- ducted at 105 West 17th. At Council meeting February 15th, the problem raised by the Ring petition was discussed and an oral presentation made that the operation being carried on was educational and as such was in conformity to the zoning ordi- nance. The matter was then re- ferred to the city attorney and manager for investigation and re- port. This report consists of the fol- lowing materials which I am en- closing for your consideration: Opinion of the city attorney; letter dated April 28 Report of city inspectors, 2782 Buena Vista, dated February 4 Report of city inspectors, 105 West 17th Street, dated Febru- ary 4 Letter from the building com- missioner, dated April 29 The inspector's reports indicate that figurines and finishing ma. terials are being sold at residen- tial locations, 2782 Buena Vista and 105 West 17th. The city attorney in his letter states his opinion that the opera. tion of either premises under con- sideration is not an educational use exemption under the zoning ordinance. The building commissioner in his letter states that there is a violation of the zoning ordinance. and notice should be given to stop within a specified time. I recommend that the building commissioner be instructed to send notice to the concerned per- sons to cease the conduct of their figurine business within a period of thirty (30) days. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Couchman moved appro- val of the recommendation. Se. conded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg• ler. Nays — None. Absent — Councilman Bitter. Communication of Catholic Cha- rities Advisory Board members describing how Mrs. Grace's ef- forts were helpful to the unwed mothers living in the old east. wing of Mercy Hospital, in teaching them how to paint figurines in her shop, and it should be con- sidered an educational center ra- ther than a commercialized busi- ness, presented and read. Mayor Crouchman moved that the com- munication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Communication of Richard & Theresa Pluym requesting rezon- ing of Lot 2 of Lot 3 of City Lot 674 at 105 W. 17th Street for Lo- cal Business A District, presented and read. Councilman Meyers moved that the communication be referred to the Planning & Zoning Commission. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Mayor Couchman moved that the rules be suspended in order to let anyone: present address the Council if they so desire. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- Regular Session, May 3, 1971 171 cilmen Meyers, Moldenhauer, Preg- ler. Absent—Councilman Bitter. Nays — None. Attorney Wm. T. Connery re- presenting Mrs. Grace stated that she is making educational use of the property at 2782 Buena Vista street. The place has been in ope- ration for eighteen years. Mr. Con- nery requested that the Council view the grounds. Mrs. Ken Ring inquired if Mrs. Grace has a retail sales permit. Mr. Arthur Ott stated that a person could be educated in a place of business same as in a house. Various women spoke in behalf of Mrs. Grace's shop as stu- dents. Mrs. Richard Pluym spoke in behalf of her figurine shop at W. 17th Street by stating that when she bought the place there was a business there at the time. Petition of Mrs. James Steuer et al (230 names) requesting that Mrs. Pluym of 135 W. 17th street be allowed to operate the figurine shop she owns and if the property must be rezoned to accomplish this to consider this a petition for that purpose, presented and read. Councilman Meyers moved that the petition be referred to the Plan- ning & Zoning Commission. Se- conded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. April 22, 1971 Honorable Mayor and Council Members The City Planning and Zonin", Commission has reviewed a pro- posal to vacate an alley that inter- sects with Marquette Street and dead -ends one lot depth away from Marquette Street, in the City of Dubuque, Iowa. It was the opinion of the Com- mission that there is no need for this right-of-way and that there is no other forseeable public need for this property. Respectfully submitted, City Planning and Zo- ning Commission Don Gilson City Planner Councilman Meyers moved that the communication be referred t the City Manager and staff. Se- conded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. April 28, 1971 Hon. Mayor and City Council On April 1, 1971, Vera F. Waite, 2075 Sunnyview Drive, this city filed claim against the City of Du- buque in the amount of $30.90, said amount being plumber's ser- vices, which allegedly were re- quired as the result of a sewer back up in her home on March 3, 1971. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office on April 23, 1971 of no liability on the part of the City and in view of the foregoing it is the recom- mendation of the City Attorney that the claim of Vera F. Waite be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Se- conded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. April 27, 1971 Hon. Mayor and City Council On March 5, 1971 Kenneth M. Roeth of 2020 Key Largo Drive, this city, filed claim against the City of Dubuque in the total amount of $442.49 alleging that said damages occurred on several occasions since June 1969 as the result of sewer back up in his basement and allegedly ruining furniture and clothing in his basement. This matter was referred to the appropriate City Agency who made an investigation thereof and reported by letter to this office of no liability on the part of the City and in view of the foregoing it is o the recommendation of the City Attorney that the foregoing claim be denied. 172 Regular Session, May 3, 1971 Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Se- conded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Communication of Dubuque Hu- man Rights Commission advising of temporary leave of absence of Mrs. Jamison, as Director, from June 1 to September 1, subsequent- ly appointing Commissioner Alfred Moran to serve as interim Direc- tor, presented and read. Mayor Couchman moved that the com- munication be received and filed and approved the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Communication of Chubb & Son Inc. requesting authorization to re- lease the blasting bond of the Mo. bil Oil Corporation covering the blasting of chemicals at Virginia Carolina plant at E. 7th & Com- mercial Street, presented and read. Mayor Couchman moved that the communication be referred to the Citv Solicitor. Seenndod by Councilman Pregler. Carried by the following vote: Yeas -- Mayor Couchman, Conn. cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Notice of claim of Cary Wil- liam Meyers, in the amount of $300., for car damage and perso- nal injuries received as the re- sult of driving into a pile of de. bris in the strnnt at 1855 Wona on April 9, 1971, presented and read. Councilman Mevers moved that the notice of claim be re- ferred to the City Solicitor for in- vestivation and renort. Seconded by Councilman Mnldenhauer. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Notice of claim of J. D. Kisting, in an approximate amount of $35.00, for car damage incurred as the result of striking a rock in an excavation near Janlin Plastics on Kerper Blvd. on April 28, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Mol- denhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. April 21, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a pro- posal to vacate an alley that lies east of Alpine Street and north of the vacant Del -Farms store on Dodge Street, in the City of Du- buque, Iowa. This alley is not used as a thru-way nor as an ac- cess to any individual piece of property. It was the opinion of the Com. mission that there is no need for this right-of-way and that there is no forseeable public need for this property. Respectfully submitted, City Planning and Zon. ing Commission Don Gilson City Planner Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. ORDINANCE NO. 19.71 An ordinance vacating alley ly- ing east of Alpine Street and between Reeder S t r e e t and Dodge Street in the City of Du- buque, Iowa and disposing of interest in same, Presented and read. Regular Session, May 3, 1971 173 Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter, ORDINANCE No. 19-71 Ordinance vacating alley lying east of Alpine Street and be- tween Reeder Street and Dodge Street in the City of Dubuque, Iowa and disposing of interest In same. WHEREAS, S & A. Realty, Co., a Missouri corporation have peti- tioned the City Council for the vacation of the alley lying east of Alpine Street and lying between Reeder Street and Dodge Street in the City of Dubuque, Iowa and also petitioning for the purchase of same in connection with the petitioners acquiring what is com- monly described as the Del -Farm Store property, and WHEREAS, said alley has never been opened for public travel, and, WHEREAS it would serve the best public interest that said alley be vacated and the interests of the City therein be disposed of and conveyed to the petitioners, and WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa has approved the vacation of said alley: NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCII. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the alley lying east of Alpine Street and lying between Reeder Street and Dodge Street in the City of Dubuque, Iowa be and the same is hereby vacated. Section 2. That the City Clerk be and he is hereby ordered to file certified copy of this Ordinance in the office of the County Record- er, Dubuque County, Iowa. Passed, approved and adopted this 3rd day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph -Herald Newspaper this 10th day of :iat.t., 1971. Leo F. Frommelt City Clerk. Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. April 26, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a public hear- ing on a proposal to have Article IV, Section 2(h) amended to in- clude Lot 2 and Lot 3 of Sidonia llosford's Subdivision, in the City of Dubuque, Iowa. This would au- thorize professional offices as a permitted use in the Multiple Res- idence District. It. was pointed out that the pro- posed zoning ordinance classifies this area as Hospital -Medical, and that the uses that would be per- mitted in the professional classifi- cation would also be permitted in the Hospital -Medical classification after adoption of the new zoning ordinance. It is the recommendation of the Planning and Zoning Commission that the request be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved to concur in the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. 174 Regular Session, May 3, 1971 ORDINANCE NO. 20-71 An Ordinance amending Ordi- nance No. 3-34 konwn as the Zon- ing Map and Zoning Ordinance of the City of Dubuque, Iowa, by amending Article IV, Section 2 h) thereof to include certain de- scribed real estate in which pro- fessional offices or studios of a physician, dentist, architect, en- gineer, lawyer, realtor, insurance, musician or similar professions may be permitted, (Lots 2 and 3 of Sidonia Hosford's Sub.) presented and read. Mayor Couchman moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Mayor Couchman moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Mayor Couchman moved that a public hearing be held on the Or- dinance on June 7, 1971, at 7:30 o'clock P.M. Central Daylight 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 Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council. men Meyers. Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. April 22, 1971 Honorable Mayor and Council Members The Planning and Zoning Com- mission has held a public hearing on a proposal to classify as Multiple Residence District property de- scribed as: Lot 1 of 10f 10f 10f 1 of land Lot 2 of Lot 1 of Mineral Lot 324 South 1/4 of the Northwest 1/4 of Section 12 Lot 1 of the North % of the Southeast "4 of the Northwest % of Section 12 Lot 1 of Mineral Lot 325 Lot 3 of the Northwest N of the Northwest X14 of Section 12 All in T139N, R2E of the 5th F.M. The Commission found that this area is a part of the Stone Hill Community and that planning for this area has envisioned that the area along Peru Road will be de- veloped for moderate and high den. sity residential uses, It is the recommendation of the Planning and Zoning Commission that this proposal be approved. Respectfully submitted, DON GILSON City Planner Councilman Meyers moved to concur in the recommendation. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. ORDINANCE NO. 21-71 An Ordinance zoning and classi- fying recently annexed territory to the Cityof Dubuque, Iowa as a "Multiple Residence District" which real states is hereinafter described, (Manternach Mobile Home property) presented and read. Mayor Couchman moved that the reading just had be considered the first reading of the Ordinance, Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Mayor Couchman moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Mayor Couchman moved that a public hearing be held on the Ordi- nance on June 7, 1971, at 7:30 o'clock P.M. Central Daylight Time, in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner re- quired by law. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Regular Session, May 3, 1971 175 Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. April 29,1971 To the Honorable Mayor and City Council I am submitting for your consid- eration an ordinance authorizing and regulating the construction of a marquee at 1654 Central Avenue. I recommend the proposed ordi- nance. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. ORDINANCE NO. 22-71 An Ordinance authorizing Ralph Sartor to construct alumuinurn canopy at 1654 Central Ave. on N. 2717" of M11/5 of City Lot 441, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couch- man. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. ORDINANCE No. 22-71 An Ordinance authorizing Ralph Saavrtor to construct aluminum can- opy 7"a of 1 M lt5 nofalCity Ave. 441. ae It ordained by the City Council of the City of Dubuque, Iowa: Section 1. That Ralph Sartor as ooqwner of the premises known as No. in"the City ofdDubuque be, aty nd thetyy are hereby granted the revocable Ir maintaaind as canopy In front- of 1654 Central Avenue under the terms and conditions set forth In this Ordinance. Section 2. That such construction shall be done In accordance with plans heretofore submitted by per- mittees and approved by CM Mana- ger, under the supervision and dirm tion of the City Manager, and in ac. cordance with all applicab:e state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission here - In granted is expressly conditioned on permittees agreement to: a) Assume any and all liability for damages to persons or Prop- erty which may result from the existence, construction or main. tenance of said canopy over the pub Ic sidewalk 25', 4"x7' at 1651 Central Avenue; b) To pay on behalf of the City W Dubuque all sums which the City of Dubuque shall become obli- Pated to pay by reason of the ability Imposed upon the City of Dubuque for damages of any kind resulting from the existence construction or maintenance of said canopy, sustained by any person or persons, caused by ac- cident or otherwise, to defend at its own expense and on behalf of said City any cialm against the City of Dubuque arising out of the existence, construction or maintenance of said canopy at 1654 Central Avenue: c) To Indemnify and hold City of Dubuque free and harmless from any and all claims, loss, liability and expense for Inlurles to third persons or damages to property of thirdpersona, or for damage to any property of City of Du- buque with may occur as a re- sult of or in connection with the construction, maintenance and repair of the facility, work or Im. provement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon shouldtthe righther and Priviegethee n granted be rescinded or revoked by the City Council, permittee, or their successors in interest, as owners of the abutting property, shall within thirty (30) days after receipt of written notice from the City Manager, so to do, at their own expense, re- move said canopy at 1654 Central Avenue, and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said canopy, at thpeermittees expense and miitttees shall have clallmthagaiinnst resulting or thea removal damages sa d canopy Section S. This Ordinance shall be- come effective and the rights hereun- der accrue to Ralph Sartor when this Ordinance has been adopted by the City Council and tha terms and con- ditions thereof accepted by permit- tees by acceptance endorsed on this Ordinance. passed,C approved this 3rdayofMy, adopted Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyerahaver Councilmen ATTEST: Leo F. Frommelt, City Clerk. Acceptance of Ordinance No. 22.71 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 22-71 hereby for themselves, their successors or assigns, as owners of the abutting property accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. Dated May 10, 1971. /s/Ralph F. Sartor Property Owner Published officially in the Tele 176 Regular Session, May 3, 1971. graph Herald Newspaper this 13th day of May, 1971. Leo F. Frommelt City Clerk. 1 t. 5/13 Councilman Meyers moved final adoption of the Ordinance. Second- ed by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. ORDINANCE NO. 23-71 An Ordinance amending Ordi- nance No. 3349 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Sub- section 14 of Section A of Sched- ule IV thereof which limited the parking of motor vehicles from 9:00 A.M. to 6:00 P.M. on the north side of East Twenty -Second Street from White Street to Cen- tral Avenue, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council. men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. ORDINANCE 2171 An Ordinance amending Ordinance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Subsec- tion 14 of Section A of Sch_dule IV thereof which limited the Park. ing of motor vehicles from 9:oo A.M. to 6:00 P.M, on the North Side of East Twenty -Second Street from White Street to Central Ave- nue. 1heucitvhcouncil o1 the cit tynof Du buque, Iowa: known thehatTraffica Code of 33-49 Iowa" be and the same is hereby amended by repealing Subsec. tion 14 of Section A of Schedule IV thereof and same Is hereby repealed and Passetl force approved and adopted this 3rd day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler DonaldR. Meyers Wayne A. Moldenhauer ATTEST: Councllmen Leo F. Frommeit City Clerk. Published officially In The Telegraph - Hera d Newspaper this 6th day of May 1971. Leo F. Frommelt City Clerk. 1t. 5/6 Councilman Pregler moved final adoption of the Ordinance. Second. ed by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. ORDINANCE NO. 24.71 An Ordinance amending Ori. nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Sub- section 23 to Schedule VI and enacting a new Subsection 23 to Schedule VI in lieu thereof to prohibit parking of motor ve- hicles on the south side of East Twenty -Second Street from Wind sor Avenue to Stafford Avenue and the north side of East twen. ty-Second Street from Jackson Street to Central Avenue, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. ORDINANCE No. 24-71 An Ordinance amending Ordinance No. 33-49 known as the "Traffic Code of Dubuque; Iowa,' as amended, by repealing Subsection 23 to Schedule VI and enacting a new Subsection 23 to schedule VI In lieu thereto to prohibit Parking of motor vehicles on the south side of East Twenty -Second Street from Windsor Avenue to Stafford Avenue and the North side of East Twentv-Second Street from Jackson Street to Central Now therefore be It ordained by the City Council of the City of Du- buque, Iowa: Section 1. That Ordinance No. 33-49 known as the 'Traffic Code of Du- buoue, Iowa" as amended be and the same Is hereby amended by re. Pealing Subsection 23 of Schedule VI and enacting a new Subsection 23 to Schedu a VI in lieu thereof as follows: SCHEDULE VI 23. On the South Side of East Twentv-Second Street from Wind- sor Avenue to Stafford Avenue Regular Session, May 3, 1971 177 and the North Side of East Twen- iv-Second Street from Jackson Street to Central Avenue. Passed, approved and adopted this 3rd day of May. 1911. Gaylord M. Couchman Mayor Walter A. Pre ler Wayne A. Mo denhauer Donald R. Meyers Councilmen ATTEST: L City F. Clerrk.melt Published officially in The Telegraph- Herad Newspaper this 6th day of May 1971. Leo F. Frommelt City Clerk. it. 5/6 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Petition of Peoples Natural Gas requesting permission to excavate at 2025 Alta Place, presented and read. Councilman Moldenhauer moved that the petition be granted. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Petition of Richard Construction Co. requesting permission to in- stall boulevard lights in Wildwood Drive, Blocks 10 and 11 Sunrise Heights Sub., presented and read. Councilman Pregler moved approv- al of the petition subject to ap- proval of the City Manager. Sec- onded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Petition of Fondell & Sons Inc. requesting permission to exca,.at^ at 2140 Rhomberg Ave. presented and read, Councilman Moldenhau- er moved approval of the petition. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Abient.—Coun6lman Bitter. Petition of Allan E. Sigman et al (40 signers) objecting to the spnt zoning proposed for the Ang. Ker - per property at 2615 Hillcr-st in- tended for funeral home use, pre- sented and r e a d. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commission. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Petition of Wilfred Welter et al (60 signatures) objecting to the proposed establishment and main- tenance of a funeral home at 2615 Hillcrest Road, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commission. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- eilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Abs-nt—Couneilman Bitter. Petition of Willir m A. & Sarah C. Knapp, by O'Connor and Wright attorneys, requesting a quit claim to Lot 1 of Block 4 in Churchill Heights to David E. Vatt and Mar- iorie R. Vatt to vacate the City's interest in an easement which was purported to have been done by resolution No. 85-65 because Penn. svlvania Avenue had been estab- lished north of the lot, presented adn read. Mavor Couchman moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. RESOLUTION NO. 119-71 WHEREAS, William A. Knapp has petitioned the City Council for Quit Claim Deed relating to any interest of City of Dubuque Iowa in and to Lot 1 of Block 4 in Churchill Heights, in the City of Trubuque, Iowa: and WHEREAS, said petitioner re- quests Quit Claim Deed by reason of the fact that easements in favor of the City of Dubuque, Iowa in and to Block 4 in Churchill Heights together with easements of other property which were executed in favor of City of Dubuque by reason of dedications in the plats of Churchill Heights and which ease- ment wa ssubsequently vacated in 178 Regular Session, May 3, 1971 Resolution No. 85-65 of the City of Dubuque. Iowa, passed, approved and adopted on April 5, 1965. Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Sec. 1. That disposal of any and all interest of City of Dubuque, Iowa in and to Lot 1 of Block 4 of "Churchill Heights" in the City of Dubuque, Iowa as vacated be and the same is hereby approved, and that said disposal of interest to owner in title thereto be upon pay- ment of costs of publication and recording fees. Sec. 2. That the City Clerk be and he is hereby ordered to publish no- tice to dispose of interest in real estate as is by law required. Passed, approved and adopted this 3rd day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer., Pregler. Nays—None. Absent—Councilman Bitter. Petition of Cosimo's Inc. request- ing a refund of $100 on the un- expired portion of Class B Beer license No. 106, as they have dis- continued business on 4-26-71, pre- sented and read. Councilman Preg- ler moved that the refund be grant. ed and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Petition of Mrs. Josephine Burke requesting a refund of $125 on the unexpired portion of Liquor Li. cense No. C-1558, as they have dis. continued business on 4-1-71, pre- sented and read. Councilman Preg. ler moved that the refund be grant. ed and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers. Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Petition of Rafoth Furnace do Sheet Metal Works requesting a re- fund of $5.00 as the result of pur- chase of a duplicate air condition- ing permit issued at the Immanuel Church job, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. April 26, 1971 The City Planning and zoning Commission has reviewed a final plat of LotA, Block 10 in "Sunrise Heights" Subdivision, in the City of Dubuque, Iowa. The Commission has found that the plat meets the minimum re- quirements of the subdivision regu- lations and is in conformance with the plan for the area. It is the recommendation of the Planning and Zoning Commission that the plat be approved. Respectfully Submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved that the recommendation be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. RESOLUTION NO. 120.71 RESOLUTION APPROVING PLAT OF THE SUBDIVISION OF LOT A, BLOCK 10 "SUNRISE HEIGHTS" IN THE CITY OF DUBUQUE, IOWA. WHEREAS there has been filed with the City Clerk a plat in which the Subdivision of Lot A, Block 10, "Sunrise Heights" in the City of Dubuque, Iowa is platted as: Lot 1 Lot 2, Lot 3, Lot 4 and Lot 5, each of the Subdivision of Lot A, Block 10, "Sunrise Regular Session, May 3, 1971 179 Heights" in the City of Du- buque, Iowa. and, WHEREAS said plat has been examined by the City Plan Com- mission and had its approval en- dorsed thereon: and, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances re- lating thereto; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa. Sec. 1. That the above described plat be and the same is hereby ap- proved 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 3rd day of May, A.D., 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald It. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent --Councilman Bitter. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider proposal to dispose of interest in Lot 2 of 1 of 1 of 1 of 1 of I of 1 of I of 2 of 3 of I of Highland Farm Subdivision, subject to reservation of easement, to Clarence J. & Do- lores Arlen, presented and read. No written objections were filed and no oral objectors were presnet in the Council Chamber at the time set for the hearing. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Council men Meyers, Moldenhauer, Pregler Nays—None. Absent—Councilman Bitter. RESOLUTION NO. 121.71 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 April 1, 1971 and April 8, 1971, City Council of Dubuque, Iowa met on the 3rd day of May, 1971 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 Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 3 of Lot 1 of High- land Farm Subdivision in the City of Dubuque, Iowa, subject to the reservation and acceptance in favor of City of Dubuque for a 20' per- petual easement therein for loca- tion, repair and maintenance of a 12 inch sanitary sewer trunk line and existing 8 inch sanitary sewer and a 42 inch storm sewer together with right in City to remove the existing lift station and togther with right in the City of ingress and egress for the pur- poses of inspection and repair and maintenance to Clarence J. Arlen and Dolores Arlen, 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 Clarence J. Arlen and Dolores Arlen; Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Sec. 1. That the disposal of inter- est of City of Dubuque in real estate to Clarence J. Arlen and Dolores Arlen, covering the fol- lowing described real estate, to - wit. Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 3 of Lot 1 of Highland Farm Subdivision in the City of Dubuque, Iowa, subject to the reservation and acceptance in favor ofCityOf Dubuque, for a 20' perpetual easement therein for location, repair and maintenance of a 12 inch sanitarysewert unk inch line and an existing 8 sanitary sewer and a 42 inch storm sewer together with right in City to remove the 180 Regular Session, May 3, 1971 existing lift station and togeth- er with right in the City of ingress and egress for the pur- pose of inspection and repair and maintenance for the total purchase price of Two Hundred ($200.00) Dollars paid to the City of Dubuque by Clar- ence J. Arlen and Dolores Arlen for the above described real estate and that the City of Dubuque pay to said Clarence J. Arlen and Do- lores Arlen the sum of Two Hun- dred ($200.00) Dollars for the above perpetual easement be and the same is hereby approved. Sec. 1. That the City Clerk be and he is hereby authorized and directed to deliver deed of con- veyance to Clarence J. Arlen and Dolores Arlen upon receipt of total purchase price in the amount of Two Hundred ($200.00) Dollars. Sec. 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution ir the office of the County Recorder of Dubuque County, Iowa. Passed, approved and adopted this 3rd day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Council. men Meyers, Moldenhauer, Pregler, Nays—None. Absent—Councilman Bitter. April 22, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a final plat of Block 16 and Block 17-A in Key Knolls Subdivision, in the City of Dubuque, Iowa. The Commission has found that the plat meets the minimum re- quirements of the subdivision regu- lations and is in conformance with the plan for the area. It is the recommendation of the Planning and Zoning Commission that the 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 Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council. men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. RESOLUTION NO. 122-71 RESOLUTION APPROVING THE PLAT OF BLOCK 16 AND BLOCK 17-A EACH IN "KEY KNOLLS SUBDIVISION" 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 16 and Block 17-A each in "Key Knolls Subdivision" in the City of Dubuque, Iowa, by Hillcrest Build- ers Inc. and WHEREAS, upon said plat ap- pear streets to be known as Hill- crest Road together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its 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 Resolved by the City Council of the City of Dubuque, Iowa: Sec. 1. That the dedications of Iiillerest Road together with the easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Sec. 2. That the plat of Block 16 and Block 17-A each in "Key Knolls Subdivision" in the City of Du buque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to endorse the Regular Session, May 3, 1971 181 approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written ac- ceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Hillcrest Road with bituminous concrete, or with concrete pav- ing with integral curb, all in accordance with City of Du- buque standard specifications; b. To install sanitary sewer mains and sewer service laterals in ac. cordance with plans submitted with the plat; c. To install water mains and water service laterals in accord- ance 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 diretced by the City En- gineer and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications ap- proved by the City Manager, un- der the inspection of the City Engineer, and in a manner ap- proved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Du- buque, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Sub- divider, Hillcrest Builders, Inc., as owner; i. To construct said improvements, except sidewalks, prior to April 5, 1973, and to construct the sidewalks prior to April 5, 1975; and further provided that said Hill- crest Builders, Inc., as owner of said Subdivision, secure the per- formance of the foregoing condi- tions by providing security in such form and with such sureties as may be acceptable to the City Manager. Sec. 3. That in the event Hillcrest Builders, Inc., 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 dedicati,)n and approval of the plat plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 3rd day of May, A.D., 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 122-71 We, the undersigned Russell L. Rafoth-V.Pres. & Richard V. Hansel - Sec. have read the terms and condi• tions of the foregoing Resolution No. 122-71 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 18th day of May, 1971. Hillcrest Builders, Inc. /s/Russell L. Rafoth, V.Pres. /s/Richard V. Hansel -Sec. To: Leo F. Frommelt City Clerk This is to certify that the secur- ity provided by the foregoing Reso- lution No. 122-71 has been furnish- ed by the owners. Dated at Dubuque, Iowa, this 16th day of June 1971. Gilbert D. Chavenelle City Manager Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. RESOLUTION NO. 123.71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that the following applications be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BE=R PERMIT Knights of Columbus, 781 Locust Street. 182 Regular Session, May 3, 1971 John Francis Hall, 2616 Windsor Avenue. Marco Giunta. 2022 Central Ave. Gust Karigan & Pete S. Sfikas, 401-405 Central Avenue. Jeanann Majerus, 252' Main St. CLASS "C" BEER PERMIT Carl Van Duelman, 590 Clarke Drive. Passed, adopted and approved this 3rd day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. RESOLUTION NO. 12471 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 ordinance of this City and they have filed proper bonds: Now Therefore Be It Resolved 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 appli- cants a Beer Permit. CLASS "B" BEER PERMIT Knights of Columbus, 781 Locust Street. John Francis Hall, 2616 Windsor Avenue. Marco Giunta, 2022 Central Ave. Gust Karigan & Pete S. Sfikas, 401405 Central Avenue. Jeanann Majerus, 253 Main St. CLASS "C" BEER PERMIT Carl Van Duelman, 590 Clarke Drive. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 3rd day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. RESOLUTION NO. 125.71 WHEREAS, applications f or Liquor Permits have been submit- ted 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 follow- ing 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" COMMERICAL ESTABLISHMENT Raymond Ney, 2186 Central Ave. D. B. Q. Inc., 4th & Locust Street. Denise O'Neill, 55 Locust Street. Jeanann Majerus, 253 Main St. Passed, adopted and approved this 3rd day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. RESOLUTION NO. 126.71 WHEREAS, applications f or Liquor Permits were filed by the within named appulicants and they Regular Session, May 3, 1971 183 have received the approval of this Council, and WITEREAS. 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 Resolved 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 ESTABLISHMEN Y Raymond Ney. 2186 Central Ave. D. B. Q., Inc., 4th & Locust St. Denise O'Neill, 55 Locust Street. Jeanann Majerus, 253 Main St. Passed, adopted and approved this 3rd day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Couchman, Council- mne Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. There being no further business Councilman Pregler moved to ad- journ. Seconded by Mayor Couch- man. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. Absent—Councilman Bitter. Leo F. Frommelt City Clerk Approved September 27 1971 Adopted September 27 1971 .. ............................. City Clerk 184 Special Session, May 10, 1971 CITY COUNCIL OFFICIAL Special Session, May 10, 1971. Council met at 7:30 P.M. (C.D.T.) Present—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. City Manager Gil- bert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is called for the PURPOSE OF ACT. ING UPON A RESOLUTION AU. THORIZING THE SALE, IS- SUANCE AND DELIVERY OF PROJECT NOTES IN THE AGGRE. GATE PRINCIPAL AMOUNT OF $3,305,000 AND THE EXECUTION OF REQUISITION AGREEMENT NO. 3-1971 IN CONNECTION WITH PROJECT IOWA R-15, and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Mrs. Robert Nemmers objecting to the proposed new zoning Ordinance and not be- ing in favor of closing Mrs. Grace's figurine shop, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Couch- man. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Communication of City of Ingle- wood, California requesting sup- port and submitting a resolution endorsing legislation requiring re- trofitting of engines to suppress noise on jet transport aircraft, pre- sented and read. Councilman Preg- ler moved that the communication be received and filed and referred to the City Solicitor for report to the Council. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. May 7, 1971 To the Hnoorable Mayor and City Council I am enclosing a letter received from Wayne Kuntz requesting a street light at 28th and Muscatine Streets. It is recommended that a 4000 lumen incandescent light be in- stalled on a pole located between 2775 and 2811 Muscatine. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Councilman Pregler. Car. ried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. May 6, 1971 To the Honorable Mayor and City Council This street light recommenda- tion is in connection with a letter you received about the replacement of a light at 684 Bane Street and also requests additional street light- ing. It is recommended that two 4000 lumen incandescent lights be re- located near 684 and 670 Kane and that a new 4000 lumen incandes- cent light be installed on a pole near 650 Kane Street. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. May 7, 1971 To the Honorable Mayor and City Council A request has been received for street lighting on Kennedy Road in the area of Marywood and Spring Valley intersections. It is recommended that four 175 watt mercury vapor lights be in- stalled at the following locations on John F. Kennedy Road. 1. at a point midway between Marywood and Sunset intersec- tions 2. at the Sunset Park intersection 3. at the approximate midpoint be- tween Sunset Park and Spring Valley Road intersections Special Session, May 10, 1971 185 4, at the Spring Valley Road inter- section Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas --Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Communication of Playground and Recer^tion, Commission re- questing budget amendment to ex- pend an additional $12,987.00 and that anticipated revenue from the swimming pools be increased by that amount, presented and read. Mayor Couchman moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman. Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. ORDINANCE NO. 25.71 An Ordinance amending the bud- get as approved by Ordinance numbered 1-71, 10-71 and 13-71, presented and read. Mayor Couchman moved that the reading just had be considered the first reading of the Ordinance. Sec onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Mayor Couchman moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Mayor Couchman moved that a public hearing be held on the Or- dinance on June 7, 1971, at 7:30 P.M. Central Daylight Time in the. Council Chamber at the City Hall and that the City Clerk be instruct- ed to publish notice of the hearing in the manner required by law. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Notice of Claim of George C. Vogel of 2300 Windsor, in the amount of $30 for car tire damage as the result of striking defective curb in front of his home, present- ed and read. Councilman Bitter moved that the claim be referred to the City Solicitor for proper proceedings. Seconded by Council- man Meyers. Carried by the follow- ing vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Notice of Claim of George K. Ar- vanitis, in the amount of $102.59, for plumbing expense incurred as the result of a backed -up sanitary sewer at 1958 Central Ave. on April 11, 1971, presented and read. Coun- cilman Bitter moved that the claim be referred to the City Solicitor for proper procceedings. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Notice of Claim of Lynea S. Broessel, in an undetermined amount, for personal injuries re- ceived in a fall in an area along the curb on W. Third street on April 17, 1971, presented and read. Councilman Bitter moved that the claim be referred to the City So- licitor for proper proceedings. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Notice of Suit of Calista M. & Joseph A. Lakeman, in the amount of $30,000 for personal injuries received by Calista M. Lakeman, as the result of a fall on an icy side- walk at 333 W. 17th Street on February 7, 1971, presented and read. Councilman Bitter moved that the claim be referred to the City Solicitor for proper proceedings. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays—None. 186 Special Session, May 10, 1971 Honorable Mayor and City Council On March 5, 1971. Gerald Yourell of 1930 Westridge Court filed claim against the City of Dubuque for damages to his vehicle alleging that same occurred on February 20, 1.971 at or near Central Avenue at 32nd Street. I have made an investigation of this matter and it is my opinion that Mr. Yourell should be reim- bursed only in the amount. of $12.16. Therefore, it is recommended by the City Attorney that the City Auditor be instructed to draw war. rant payable to Gerald Yourell in the amount of $12.16 and transmit same to the City Attorney for de- livery upon receipt of properly exe- cuted releases. Original claim is returned here- with. Your very truly, R. N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Honorable Mayor and City Council On March 15, 1971, Robert Strub of 2096 Broadlawn this city, filed claim against the City of Dubuque in the amount of $60.39 and alleg- ing that said damages occurred to his automobile on March 12, 1971 as the result of his striking an improperly lighted and unbar- ricaded hole in the street at 1905 Asbury Street. This matter was investigat-d by the. City Attorney's office who also checked with the Street Depart- ment and was advised by them that the party responsible for the hole in the street was an excavat- ing contractor working in that area at that time. Thereupon, the claim- ant, Mr. Strub, referred his claim to the excavating contractor, and on May 6, 1971, Mr. Strub advised this office by telephone that his claim had been satisfied in full by said contractor. In view of the foregoing, it is the recommendation of the City Attorney that the claim of Robert Strub against the City of Dubuque be denied. Original claim is at- tached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved ap. proval of the recommendation. Sec- onded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman. Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Petition of John Heiderscheit, by Alfred E. Hughes attorney, re- questing permission to connect to City sewer and water outside the City Limits to the north, presented and read. Councilman Pregler moved that the petition be re- ceived and filed and the rules sus- pended in order to let aynone present address the Council if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Attorney Al Hughes addressed the Council in behalf of his client John Heiderscheit by showing a layout of various places in the area that are enjoying city ser- vices, even though they are out. side the City Limits. Councilman Pregler moved that the petition be referred to the City Manager and staff for inves- tigation and report. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of notice of sale of Project Notes in the amount of $3,305,000, for Urban Renewal Pro- ject Iowa R-15, presented and read. No written objections were filed and no oral objectors were present in the Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Special Session, May 10, 1971 187 RESOLUTION No. 127-71 Authorizing the sale, issuance and delivery of project notes in the aggregate principal amount of $3,305,000 and the execution of Requisition Agreement No. 3.1971 in connection with the Downtown Urban Renewal Proj- ect, Project No. Iowa R-15. WHEREAS, City of Dubuque (herein called the "Local Issuing Agency") has entered into one or more cththeretogether with anyny supplements toor 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 here- in called the "Project"; and WHEREAS, pursuant to adver- tisement for the receipt of pro. posals for the purchase of the Third Series 1971 of Project Notes (herein sometimes called "New Project Notes") of the Local Is- suing Agency aggregating $3,305,- 000, which appeared in a Notice of Sale published on April 20, 1971, and April 27, 1971, in the Telegraph Herald in the City of Dubuque, Iowa, and in The Daily Bond Buyer in the City of New York, New York, proposals for the purchase of the New Project Notes in the form approved by the Local Issuing Agency were received, opened, and canvassed at the time and place mentioned in said adver- tisement, to wit: at Council Cham- bers, City Hall, 13th and Iowa in the City of Dubuque, Iowa 52001 at one o'clock P.M. E.D.S.T., on May 4, 1971, which proposals are as follows: Name of Bidder: Bank of Amer. ica N.T. & S.A., Bankers Trust Company: Interest Rate 3.08%, Principal Amount 3,305,000, Prem- ium $135.00. Name of Bidder: Northwestern National Bank: Interest Rate 3.25%, Principal Amount $1,000,- 000, Premium $0. Name of Bidder: First National Bank of Minneapolis: Interest Rat 3.30%, Principal Amount $1,000, 000, Premium $0. Name of Bidder: First Nationa Bank of St. Paul: Interest Rate 3.35%Principal Amount $1,305,. 000, Premium, $0. Name of Bidder: The First Na. tional Bank of Dubuque, Iowa. Name of Bidder: The First Na- tional Bank of Boston: Interest Rate 3.45%, Principal Amount $3,- 305,000, Premium $16.00. Name of Bidder: Chemical Bank John Nuveen & Co., Inc.: Interest Rate 3.46%, Principal Amount $3,- 305,000, Premium $85.00. Name of Bidder: Morgan Guar- anty Trust Company of New York: Interest Rate 3.49%, Principal Amount $3,305,000, Premium $89. Name of Bidder: Salomon Broth- ers. Name of Bidder: The Chase Man- hattan Bank, N.A.: Interest Rate 3.50%, Principal Amount $3,305,- 000, Premium $0. Name of Bidder: The First Na- tional Bank of Chicago. Name of Bider: Republic Nation- al Bank of Dallas. Name of Bidder: Continental IIU- nois National Bank and Trust Com- pany of Chicago: Interest Rate 3.54%, Principal Amount $3,305r 000, Premium $123.00. Name of Bidder: The First Bos- ton Corporation. Name of Bidder: Mellon National Bank and Trust Company. Name of Bidder: First National City Bank. NOW THEREFORE, BE IT M SOLVED by the CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. The aforesaid publica- tion of the Notice of Sale and the form and contents thereof as so published are hereby, in all re- spects, approved, ratified and con- firmed. Section 2. In order to provide funds to pay expenses incurred or to be incurred in the development of the Project, or to refund, re- new or extend its outstanding Notes issued in connection there. with, the Local Issuing Agency hereby determines to borrow the sum of Three Million Three Hun- dred Five Thousand Dollars ($3,- 305,000) and issue its negotiable Project Notes therefore. Section 3. The Local Issuing Agency hereby ratifies and ap- e proves the form of each proposal hereinafter in this Section 3 enu- merated for the purchase of the 1 designated principal amount of Notes and determines that each 188 Special Session, May 10, 1971 such proposal offers to purchase such Notes at the lowest interest rate and is therefore accepted, and said Notes are hereby awarded to the purchaser, as follows: Principal Amount $3,305,000. Interest Rate 3.08%, Purchaser Bank of America N.T. & S.A. Bankers Trust Company. Section 4. Each Note shall be dated ,Tune 1, 1971, shall be pay. able as to both principal and in- terest to bearer, on Dec. 17, 1971, 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 grin. cipal and interest at the incorpor- ated bank having trust powers or incorporated trust company, as follows: Purchaser: Bank of America, N.T. & S.A. Bankers Trust Com- pany: Numbers 1-18, Denomina- tions $100,000, Interest Rate 3.08%, Payable At Bankers Trust Com- pany, New York, New York. Purchaser: Bank of Ameriea. N.T. & S.A. Bankers Trust Cw, pany: Numbers 19-32, Denomina- tions $50,000, Interest Rate 3.08%. Payable At Bankers Trust Com- pany, New York, New York. Purchaser: Bank of America. N.T. & S.A. Bankers Trust Com- pany: Numbers 33-55, Denomina- tions $25.000, Interest Rate 3.08%, Payable At Bankers Trust Com- pany, New York, New York. Purchaser: Bank of America, N.T. & S.A. Bankers Trust Com- pany: Numbers 56-70, Denomina- tions $10.000, Interest Rate 3.09%, Payable At Bankers Trust Com- pany, New York, New York. Purchaser: Bank of America, N.T. & S.A. Bankers Trust Com- pany: Numbers 71-86, Denomina- tions $5,000, Interest Rate 3.08%, Payable At Bankers Trust Com- pany, New York, New York. None of such Notes shall be valid until after the bank or trust com- pany at which it is payable shall have signed the agreement, ap- pearing on each Note, to act as paying agent thereof. Each such Note shall be executed in the name of the Local Issuing Agency by the manual or facsimile signature of the Mayor and CIty Treasurer of the Local Issuing Agency and shall have the corporate sea] of the Local issuing Agency impress- ed, imprinted or reproduced there- on and attested by the City Clerk, and said officers are hereby au- thorized and directed to cause said Notes to be properly executed. Section S. Each such Note shall be in substantially the form of IIITD-9010, which is incorporated herein by reference, and shall be secured by an agreement entitled "Requisition Agreement No. 3- 1971" (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 Local Issuing Agency and the Gov. ernment. Section 6. The Requisition Ag- reement shall be executed in the name of the Loral Issuine Agency by the manual or facsimile signa- ture of the Mayor of the local Is. suing Agency and shall have the corporate seal of the Local Issuing Agency impressed, imprinted or reproduced thereon and at+ested by the City Clerk, and said offi- cers are hereby authorized and directed to cause the Renuisition Agreement to be properly exe- cuted. Section 7. For the punctual nay- 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 Ag- reement relatine to such series of Project Notes and said Agreement, when executed by the Government, is hereby declared to be and is hereby assigned by the Local Is- suing Agency for the benefit of the holder or holders from time to time of the New Project Notes. All contributions, funds and amounts authorized or renuired by the Contract to be applied to the payment of Project Loan Notes (referred to in the Contract as "Project Temporary Loan Obliga- tions", "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 Special Session, May 10, 1971 189 4 when monies or investment secur- ities convertible into cash not la- ter 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 I , from the sale of the New Project Notes, together with such amount of other funds of the Local Issuing Agency as mai' be necessary, shall be applied, simultaneously with the receipt of said proceeds, in ac- cordance 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 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 de- livery transaction in accordance with the terms of the letter to the paying agent. Passed, approved, and adopted this 10th day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION NO. 128.71 Approval of plans, specifications, form of contract, preliminary es- timate, and all other documents for the construction of Crissy Drive Storm Sewer, from Kaufmann Ave. 575 feet north, at an estimated cost of $21,201.04, presented and read. Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION NO. 129-71 WHEREAS, proposed p 1 a n s, specifications, form of contract have been duly prepared and ap- proved 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. An estimate of the cost of the proposed improvement for the Crissy Drive Storm Sewer—from Kaufmann Ave., 575 feet north - 1971 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 hereinmentioned improvement, 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 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 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 paid from the 1970 Storm Sewer Bond Issue. The above resolution was intro- duced ntra duced, approved, and ordered placed on file with the City Clerk this 10th day of May, 1971. Approved and placed on file for final action. APPROVED: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk 190 Special Session, May 10, 1971 Councilman Bitter moved approv- al of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Fixing Date of Hearing) RESOLUTION NO. 130.71 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the improvement of Criss• Drive Storm Sewer—from Kauf- mann Ave., 575 feet north -1971. BE IT THEREFORE RESOLVED that on the 7th day of June, 1971, 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 speciifeations 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 pub- lished in some newspaper pub- lished in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. Passed, adopted and approved this 10th day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 131.71 Approval of plans, specifica- tions, form of contract, prelimin- ary estimate, and all other docu- ments for the construction of a 15" Storm Sewer in Sixth Street and alley between Main and Iowa Streets, at an estimated cost of $14,315.84, presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. (Necessity for Improvement) RESOLUTION No. 132.71 WHEREAS, proposed plans, spe- cifications, form of contract 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. An estimate of the cost of the proposed improvement for the 15" Storm Sewer in Sixth Street and Alley between Main and Iowa Streets — 1971. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of pro- perty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, and unless property 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 cost of 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 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 paid from the Park- ing Ramp Construction Fund. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 10th day of May, 1971. Special Session, May 10, 1971 191 Approved and placed on file for final action. APPROVED: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved ap- proval of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. (Fixing Date of Hearing) RESOLUTION No. 133-71 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 15' Storm Sewer in Sixth Street and Alley between Main and Iowa Streets — 1971 BE IT THEREFORE RESOLVED that on the 7th day of June, 1971, 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 pub- lished in some newspaper pub- lished in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction. of the aforementioned improvement. Passed, adopted and approved this 10th day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 134-71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinates of the City. CLASS "B" BEER PERMIT Dubuque Golf & Country Club, 1800 Randall Place Harry N. Gantert, 1301 Rhomberg Avenue Paul W. Schollmeyer, 176 Locust Street Louis J. Winkler, 698 Central Avenue CLASS "C" BEER PERMIT Walgreen Drug, Kennedy Mall Passed, adopted and approved this 10th day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter. Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 13571 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 192 Special Session, May 10, 1971 1 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 di- ereted to issue to the following named applicants a Beer Permit. CLASS 'B" BEER PERMIT Dubuque Golf & Country Club, 1800 Randall Place Harry N. Gantert, 1301 Rhomberg Avenue Paul W. Schollmeyer, 176 Locust Street Louis J. Winkler, 698 Central Avenue CLASS "C" BEER PERMIT Walgreen Drug, Kennedy Mall 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 May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 136.71 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' COMMERCIAL ESTABLISHMENT Louis J. Winkler, 698 Central Avenue CLASS "A" LIQUOR LICENSE Dubuque Golf & Country Club, 180( Randall Place Passed, adopted and approved this 10th day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers. Molden- hauer, Pregler. Nays—None. RESOLUTION No. 137.71 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 issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Louis J. Winkler, 698 Central Avenue CLASS "A" LIQUOR LICENSE Dubuque Golf & Country Club, 1800 Randall Place Passed, adopted and approved this 10th day of May, 1971. Gaylor gCouchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Cuochman, COun- Special Session, May 10, 1971 193 cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas --Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Leo F. Frommelt City Clerk Approved Septemver 27, 1971 Adopted Septemver 27, 1971 194 Special Session, May 13, 1971 CITY COUNCIL OFFICIAL Special Session, May 13, 1971. Council met at 4:30 p.m. (C.D.T.) Present — Mayor Couchman, Councilmen Meyers, Pregler. City Manager Gilbert D. Chavenelie. Absent—Councilmen Bitter, Mol- denhauer (at roll call). Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is called to CONSIDER APPROVAL OF THE PLANS OF TOWER HILLS MOBILE HOME PARK AND TER. RACE HEIGHTS MOBILE HOME PARK and acting upon such other business as may properly come before a regular meeting of the City Council. May 13, 1971 Honorable Mayor and Council Members The Planning and Zoning Com- mission has held a public hearing on the Tower Mobile Home Park Plan. The Commission has found that the plan conforms to the de- velopment standards that were adopted by the Commission and the Council. It was further the opinion of the Commission that a mobile home park would be an appropriate use for this area and that it would meet a need in the community. In reviewing this proposal the Commission considered the matter of access to property lying north of this development. It was the feel- ing of the Commission that in a housing development such as a mobile home park, where central management is provided, that pri- vate streets are more desirable than public streets, and that require- ments of additional public right- of-way through the mobile home park, to provide access to adjoining properties, would be inconsistent with the policy that they have adopted for mobile home parks. It was the opinion of the Commission that a more appropriate place for access would be on property lying east of the mobile home park, which would be developed at a la. ter date. The Commission requested a written commitment from the developers that they would include a public right-of-way in the subse Iuent development plans for the °emainder of their property. This agreement is attached. It is the recommendation of the Commission that. this plan be ap- proved by the Council. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Mayor Couchman moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Pregler. Nays—None. Absent—Councilmen Bitter, Mol- denhauer. COUNCILMEN BITTER A N D MOLDENHAUER ENTERED THE COUNCIL CHAMBER AT 4:40 P.M. RESOLUTION NO. 138-71 RESOLUTION APPROVING THE PLAN OF "TOWER HILLS MO - BELE HOME PARK" IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a plan of "Tower Hills Mobile Home Park" in the City of Dubuque, Iowa by TOWER INVESTMENT, INC., DU- BUQUE, IOWA; and WHEREAS, said plan has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said plan has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plan of "Tower Hills Mobile Home Park" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Council are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plan, provided the owners of said prop- erty herein named, execute their written acceptance hereto attached agreeing: a. To comply with all require- ments of the City of Dubuque, Iowa, and the City of Dubuque Mobile Home Regulations. Special Session, May 13, 1971 195 b. To reduce all streets to grade and to construct concrete curb and gutter and to hard sur- face same with bituminous concrete, or with 6Y4" con- crete paving with integral curb, all in accordance with City of Dubuque standard specifications; c. To install sanitary sewer mains and sewer service later- als in accordance with plans submitted with the plan; d. To install water mains and water service laterals in ac- cordance with plans submitted with the plan; e. To install storm sewers and catchbasinsin accordance with plans submitted with the plan; f. To install concrete sidewalks as required by City Ordi- nances. g. To construct the foregoing im- provements in accordance with plans and specifications ap- proved by the City Manager, under the inspection of the City Engineer, and in a man- ner approved by the City Manager; h. To maintain the foregoing im- provements from the date of their acceptance by the City of Dubuque, Iowa; i. To provide the foregoing con- struction and maintenance at the sole expense of the Owner, the "Tower Hills Mobile Home Park. PASSED, ADOPTED AND AP- PROVED by unanimous recorded roll call this 13th day of May, A.D., 1971. Gaylord M. Couchman Mayor Wayne A. Moldenhauer Donald R. Meyers Walter A. Pregler Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk and agree to perform conditions required therein. Dated at Dubuque, Iowa, this 14th day of May, 1971 /s/ Thomas F. Leibold Vice President Mayor Couchman moved adoption of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. May 13, 1971 Honorable Mayor and Council Members The Planning and Zoning Com- mission has held a public hearing on the Manternach Mobile Home Park Plan. This property is lo- cated on Peru Road, in the City of Dubuque, Iowa. The Commission has found that the plan conforms to the develop- mentstandards that were adopted by the Commission and the Coun- cil. It was further the opinion of the Commission that a mobile home park would be an appropriate use for this area and that it would meet a need in the community. It is the recommendation of the City Planning and 'Zoning Commis- sion that this plan be approved by the Council. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Bitter moved that the communication be received and filed. Seconded by Couchman. Carried by the follow- ing vote: Yeas—Mayor Couchman, oun- cilmen Bitter, Meyers, hauer, Pregler. Nays—None. ACCEPTANCE OF RESOLUTION No. 138-71 We, the undersigned Thomas F. Leibold—Vice President—Tower In- vestment Inc. having read the terms and conditions of the fore- going Resolution No. 1311-71 and being familiar with the conditions thereof, hereby accept the same RESOLUTION No. 139.71 APPROVING THE PLAN OF TER RACPARKIIN THE CITY OFMOBILE OME DUBUQUE, IOWA, presented and read. Councilman Pregler moved that both documents—i.e. communica- tion from Planning & Zoning resolution, be referred to the meet- ing of June 7th, at the time public hearing on zoning of the 196 Special Session, May 13, 1971 property. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of Amelia W. Vernon, submitting copies of headings of petition forms to be submitted to Senator Hughes & Jack Miller after completion, and requesting permission to circulate them on Main Street relative to ending the war in Vietnam, presented and read. Mayor Couchman moved that the petition be allowed on recom- mendation of the City Manager. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of Northwestern Bell Telephone Co. requesting permis- sion to excavate in Hill street. be- tween W. 8th and Caledonia to clear obstruction in an under- ground cable, presented and read. Councilman Pregler moved. ap- proval of the petition. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate at 722 W. 11th Street to provid new service, presented and rea . Councilman Pregler moved proval of the petition. Seconded y Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays—None. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Leo F. Frommelt City Clerk Approved September 27 1971 Adopted September 27 1971 City Clerk Special Session, May 24, 1971 197 to impose certain obligrations and OTY responsibilities upon the City of Dubuque; now therefore BE IT RESOLVED BY THE OFFICIAL COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SECTION 1. That an application on behalf of the City of Dubuque for an Amendment to the Contract for Loan and Grant identified as Contract No. Iowa R-15 (LG) for a revision in the Temporary Loan and for a revision in the Reloca- tion Grant is hereby approved, and that the City Manager and the Director of Urban Renewal are hereby authorized and directed to execute and to file such appli- cation with the Department of Housing and Urban Development, to provide such additional informa- tion and to furnish such documents as may be required in behalf of said Department, and to act as the authorized correspondents of the City of Dubuque. Passed, approved and adopted this 24th day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Special Session, May 24, 1971. Council met at 7:30 P.M. (C.D.T.) Present—Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Absent — Councilman Meyers, City Manager Gilbert D. Chavenelle (Out of City). Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of acting upon a RESOLUTION AU- THORIZING THE FILING OF AN AMENDATORY APPLICA- TION FOR LOAN AND GRANT FOR THE DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 and acting upon such other busi- ness as may properly come before a regular meeting of the Council. RESOLUTION NO. 140.71 AUTHORIZING THE FILING OF AN AMENDATORY APPLICATION FOR LOAN AND GRANT FOR THE DOWNTOWN URBAN RE- NEWAL PROJECT NO. IOWA R-15 WHEREAS, the City of Dubuque Attest: under date of July 26, 1967. en- Leo F. Frommelt tered into Contract No. Iowa, R-15 City Clerk (LG) with the United States of Councilman Pregler moved adop America acting through the De- tion of the resolution. Seconded partment of Housing and Urban by Councilman Moldenhauer. Car - Development, providing for finan- ried by the following vote: cial assistance in the undertaking Yeas—Mayor Couchman, Coun- and carrying out of a certain Ur- cilmen Bitter, Moldenhauer, Preg- ban Renewal Project herein des- ler. ignated as Project No. Iowa R-15, Nays—None. which is more fully identified in Absent—Councilman Meyers. the executed Contract for Loan May 13, 1971 and Grant; and WHEREAS, it is necessary and The Honorable Mayor and in the public interest that the City City Council of the of Dubuque avail itself of addi- City of Dubuque, Iowa tional financial assistance provided Re: The Eska Company by the Housing Act of 1949, as The City of Dubuque conveyed amended to date, to carry out the the following described real prop - aforementioned Project; and erty to Dubuque Industrial Devel- WHEREAS, it is necessary to opment Corporation by Quit Claim file an Amendatory Application Deed dated August 5, 1968 and for Loan and Grant for the afore- filed of record in the office of the said Project requesting a (1) Re- Dubuque County Recorder on Au - vision in Temporary Loan and a gust 7, 1968, in Book 196 at Pages (2) Revision in Relocation Grant; 427 and 428: and Lot 2 of Block 5, and Lot 2 of WHEREAS, it is recognized that Lot 2 of Lot 2 of Block 6, both the Federal contract for such ad- in River Front Subdivision No. 3 ditionaI assistance will continue in the City of Dubuque, Iowa, 198 Special Session, May 24, 1971 according to the recorded plats thereof, subject to easements of record. The main Eska plant and the new addition thereto which was completed in December of 1970 is located on the above described real property. The Resolution adopted by the City Council in connection with the sale to Du- buque Industrial Development Cor- poration contained certain provi- sions relative to the development of the property. We believe that The Eska Company and Dubuque Industrial Development Corpora- tion have complied with all of the provisions of the Resolution and therefore request that. the City Council adopt a Resolution con- firming compliance with the Res- olution authorizing sale. Very truly yours, FUERSTE & CAREW Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent --Councilman Meyers. RESOLUTION NO. 141-71 WHEREAS, the City Council of Dubuque. Iowa, adopted Resolution No. 33868 on August 5, 1968 au- thorizing conveyance of the follow- ing described real property to Dubuque Industrial Development Corporation on certain terms and conditions: Lot 2 of Block 5, and Lot 2 of Lot 2 of Lot 2 of Block 6, both in River Front Subdivision No. 3 in the City of Dubuque, Iowa, according to the recorded plats thereof, subject to easements of record. WHEREAS, the City of Dubuque thereafter conveyed the aforesaid described real property to Dubuque Industrial Development Corpora- tion by Quit Claim Deed dated August 5, 1968 and filed of record in the office of the Dubuque Coun- ty Recorder on August 7, 1968 in Book 196 at Pages 427 and 428, and WHEREAS, the Dubuque Indus- trial Development Corporation com. Plied with all of the terms and conditions contained in the afore- said Resolution No. 338-68 adopted by the City Council of the City of Dubuque, Iowa, and the terms and conditions contained in the aforesaid Quit Claim Deed from the City of Dubuque, Iowa to Du- buque Industrial Development Cor- poration, and WHEREAS, confirmation of com. pliance with the aforesaid terms and conditions is necessary in or- der to remove any cloud on the title to the aforesaid described real property. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That Dubuque Industrial Devel- opment Corporation has com- plied with all of the terms and conditions contained in Resolu- tion No. 338-68 approved and adopted by the City Council of the City of Dubuque, Iowa, on August 5, 1968, and all of the terms and. conditions contained in a certain Quit Claim Deed from the City of Dubuque, Iowa, to Dubuque Industrial Develop- ment Corporation dated August 5, 1968, and filed of record Au- gust 7, 1968 in Book 196, Pages 427 and 428 in the office of the Dubuque County Recorder. 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, adopted and approved this 24th day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Crouchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. May 13, 1971 The Honorable Mayor and City Council of the City of Dubuque, Iowa lie: The Eska Company Special Session, On March 4, 1970 the City Coun- May 24, 1971 199 RESOLUTION NO. 142.71 cil of the City of Dubuque adopted WHEREAS, the City Council of Resolution No. 47-70 authorizing Dubuque, Iowa, adopted Resolu- sale of the following described tion No. 47-70 on March 4, 1970 real property to The Eska Com- authorizing the sale of the follow- pany: ing described real property to The Lot Three (3) of Lot One (1) of Eska Company: Block Five (5) in River Front Lot Three (3) of Lot One (1) of Subdivision No. 3 in the City Block Five (5), in River Front of Dubuque, Iowa, subject to Subdivision No. 3 in the City existing easements of record. of Dubuque, Iowa, subject to The aforesaid Resolution pro- existing easements of record, vided in part that expansion of and Eska's facilities shall be completed WHEREAS, said Resolution pro- within two years of the date of adoption and passage of the Res- vides in part that expansion on olution. This would require a com- the aforesaid described real prop- erty shall be completed prior to pletion date of not later than March 2, 1972, and March 2, 1972. The Eska Company acquired title to the aforesaid de- WHEREAS, The Eska Company scribed real property by a deed completed in December of 1970 a dated March 2, 1970 and filed of substantial expansion to its exist- record in Dubuque County, Iowa, ing plant which is located on real on March 11, 1970. Subsequent property immediately adjacent to thereto The Eska Company under- the aforesaid described property, took an expansion program which and resulted in an expansion to the WHEREAS, extension of a time existing plant which was complet- for development of the real grop- ed in December of 1970 at an erty described herein is necessary approximate cost of $12.5,000.00. so that The Eska Company can The expansion was made on the complete its long range develop- property where the main plant is ment plan, now located and adjoins the exist- ing plant. It was decided by The NOW, THEREFORE, BE IT RE, Eska Company that this method SOLVED by the City Council of of development would result in the the City of Dubuque, Iowa: best possible use of its property Section 1. That subparagraph and that the development would "D" of Section 1 of Resolution be consistent with its long range No. 47-70 of the City Council of p I a n s for future development. the City of Dubuque adopted Therefore, The Eska Company March 4, 1970 is hereby deleted hereby requests a three year ex- and the following paragraph in- andsert tension to March 2, 1975 for the in lieu thereof: commencement of an improvement I Section 2. That the aforesaid de. the real property describedrein. scribed real property be used by heThe Company's develop- herein. e The Eska Company for its ex- ment plans now call for a sub- pansion proportionate to its stantial additional expansion com- present facilities and such ex- mencing in 1974. pansion shall commence on or Enclosed herewith is a proposed before March 2, 1975 and shall form of Resolution for adoption be completed within one year by the City Council. thereafter and upon failure so Very truly yours, to do by The Eska Company, FUERSTE & CAREW real estate shall automatical. Councilman Bitter moved that said ly revert to the City of Dubuque, less the communication be received and Iowa, and purchase price, to filed. Seconded by Mayor Couch- damages, shall be refunded man. Carried by the following The Eska Company. Clerk That the City vote: Section 3. be he is hereby authorized Yeas—Mayor Couchman, Coun- oilmen Bitter, Moldenhauer, Dreg- and and directed to record a cer- ler. tified copy of this Resolution in Nays—None. the office of the Dubuque Coun- Absent--Councilman Meyers, ty Recorder. 200 Special Session, May 24, 1971 Passed, approved and adopted this 24th day of May, 1971, Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Moldenhauer. Preg- ler. Nays—None. Absent—Councilman Meyers. There being no further business Councilman Moldenhauer moved to adjourn. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers, Leo F. Frommelt City Clerk Approved September 27, 1971 Adopted September 27 1971 Regular Session, June 7, 1971 201 CITY COUNCIL OFFICIAL onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler, Regular Session, June 7, 1971. Nays — None. Council met at 7:30 P.M. (C.D.T.) Communication of John G. Cul - Present Mayor Couchman, len, Trustee of Resurrection Parish, Councilmen Bitter, Meyers, Mol- strongly urging the go-ahead for denhauer, Pregler. City Manager the widening and grading of As - Gilbert D. Chavenelle. bury Road west to the City Limits, Mayor Couchman read the call presented and read. Councilman and stated that service thereof had Pregler moved that the communi- cation be referred to preliminary been duly made and this meeting hearing of the 1971 Street Pro - is the REGULAR MONTHLY gram. Seconded by Mayor Couch - MEETING called for the purpose man. Carried by the following of acting upon such business as vote: may properly come before the yeas — Mayor Couchman, Coun- meeting. cilmen Bitter, Meyers, Molden- Mayor Couchman presented the hauer, Pregler. following named persons to the Nays — None. various Boards and Commissions Communication of Gordon Neu - comprising both reappointments mann et ux alerting the Council to and new appointments; Harry the dangerous walking situation in Chambers and Robert Waller to the Resurrection school area due Airport Zoning Commission re- to narrowness of Asbury Road and appointments to 5-14-77 — Clar- suggesting the widening of same, ence Brashaw, Theodore Glass, presented and read. Councilman John E. Brown to Board of Heat Pregler moved that the communi- ing Ventilation and Air Condition- cation be referred to the prelimin- ing reappointments to 3-1&74 — ary hearing of the 1971 Street Richard P. Yriedman to Planning program. Seconded by Mayor & Zoning Commission reappoint- Couchman. Carried by the follow- ment to 5-24-76 — Robert G. Hols- ing vote: cher and Mrs. Mabel Hoffman to yeas — Mayor Couchman, Coun- Library Board reappointments to cilmen Bitter, Meyers, Molden- 7-1-77 — Thomas W. Voelker to hauer, Pregler. Board of 'Zoning Adjustment re- Nays — None. appointment to 3-5-76 — Thomas W. Breitbach to Playground and Communication of Wm. J. Daack Recreation Commission reappoint- et ux requesting the installation of ment to 7.5-74 — Rev. Allen Maru- sidewalks on Asbury Board for the yama, Warren McCaw, reappoint- benefit of the children attending ments and Miss Mary L. Neuhaus Resurrection school, presented and and Thomas E. McClain as new ap- read. Councilman Pregler moved pointments to Dubuque Advisory that the communication be refer - Commission to 6-1-74 — Patrick L. red to the preliminary hearhig of Dillon new appointment to 1-1-72 the 1971 Street program. Seconded and Dr. Robert G. Vernon new ap. by Mayor Couchman. Carried by pointment to 1-1-73 both to the the following vote: Human Rights Commission. Yeas — Mayor Couchman, Coun- Councilman Pregler moved ap- cilmen Bitter, Meyers, Molden- proval of the appointments. Sec- hauer, Pregler. onded by Councilman Meyers. Car- Nays — None. ried by the following vote: Communication of Resurrection Yeas — Mayor Couchman, Coun- Parish Council urging approval of cilmen Bitter, Meyers, Molder- the widening and paving of Asbury hauer, Pregler. Road past Resurrection Church and Nays — None, school to the City Limits, present - Councilman Moldenhauer moved ed and read. Councilman Pregler that a letter of appreciation be moved that the communication on be sent to the retiring members of referred to the preliminary the Boards and Commissions. Sec- ing of the 1971 Street program. 202 Regular Session, June 7, 1971 Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of Mrs. Bob Kuc- ter requesting the widening of As- bury Road to the City Limits, pre- sented and read. Councilman 11'reg- ler moved that the communication be referred to the preliminary hearing of the 1971 Street pro- gram. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of D. L. Hellmann et al (405 signatures) requesting approv- al of improving Asbury Road from the present paving to the end of the City Limits, past Resurrection School and Church, presented and read. Councilman Pregler moved that the petition be referred to the preliminary hearing on the 1971 Street program. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Dubuque Advisory Commission requesting the filling of four vacancies on their Com- mission as soon as possible, pre- sented and read. Councilman Preg- ler moved that the communication be received and filed. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. June 3, 1971 Honorable Mayor and Council Members The City Planning and 'Zoning Commission has held a public hear- ing on a proposal to reclassify from Single Family Residence clas. sification to Multiple Residence Classification, property described as Block No. 1 of Sunset Park Sub- division No. 3, in the City of Du- buque, lows. This proposal conforms with the approved plat and the general planning for this area and is sub- ject to the deed restrictions placed on the property to limit the type of dwelling unit and the minimum lot area. It is the recommendation of the Planning and Zoning Com- mission that the proposal be ap- proved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved that the communication be referred to the City Attorney for proper pro- ceedings. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen, Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of Peoples Nat- ural Gas submitting their 1970 Statement of operating income and balance sheet information and de- tail of operating revenues and plant, presented and read. Coun- cilman Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Low Rent Housing Commission submitting copy of minutes of their meeting of May 18, 1971, presented and read. Councilman Pregler moved that the communication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Jean E. Pet- erson objecting to smoking on busses and suggesting the enact- ment of an Ordinance presented and read. Mayor Couchman moved that the communication be re- ferred to the Manager and Mayor. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Regular Session, June 7, 1971 203 Copy of communication sent to the Park Board by Jean E. Peter- son suggesting the establishment of bicycle paths, presented and read. Mayor Couchman moved that the communication be referred to the Planning & Zoning Commis- sion and the Traffic Committee for investigation and report. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Notice of Renewal of Govern- ment Lease from July 1, 1971 to June 30, 1972 covering use of 0.85 acre in Ham's Addn. at Eagle Point, Navy building, presented and read. Councilman Moldenhau- er moved that the notice be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Printed Council proceedings for the month of March 1971 pre- sented for Council approval. Ma- yor Couchman moved approval of the proceedings for the month of March 1971 as printed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. June 2, 1971 To the Honorable Mayor and City Council Street light improvement ha; been requested in the 1700 block of Lincoln Avenue. The electrical inspector has in- vestigated the situation and itis rcommended that a 4000 lumen in- candescent light be mounted on a pole between 1725 and 1745 Pres- cott. Respectfully, Gilbert D. Chavenelle City Manager cilmenBitter, Meyers, Molden- hauer, Pregler. Nays—None. May 25, 1971 To the Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, 'Water Su- perintendent, City Auditor, and a list of claims, for the month of April 1971. Monthly report also enclosed for Health Department. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and Disbursements and list of claims for the month of April 1971, presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. May 20, 1971 To The Honorable Mayor and City Council This notice has not been com- plied with and I recommend to the City Council tt at the provi- sions of Ordinance No. 35-52 be enforced and that the owners of said building known as 2715 Uni- versity Avenue, Dubuque, Iowa, and located on Lot 21 Lenox Ad- dition, City of Dubuque, Iowa, be required to dismantle said build- ing and clean up the premises. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- May 5, 1971 Mr. Gilbert D. Chavenelle City Manager City On December 10, 1970, an in- spection was made of a story and one-half, single family, frame resi- 204 Regular Session, June 7, 1971 dence building at 2715 University Avenue, Dubuque, Iowa. The interior of the home is clean but poor maintenance makes livability difficult.. A tub or show- er, lavatory or hot water has not been installed. The exterior of this home has deteriorated to the point where the majority of the siding is off, exposed joists, sills, cornice and other wood parts are starting to rot, and in some cases missing, re- sulting in an unstable and unsight- ly structure. We recommend that immediate steps be taken to rectify this con- dition. The building is located on Lot 21, Lenox Addition, City of Du- buque, Iowa, and owned by Mr. & Mrs. William Kaiser, Jr., 2715 Uni- versity Avenue, Dubuque, Iowa 52001, and Mr. & Mrs. Melvin Kai- ser, 1610 Hickson Avenue, Du- buque, Iowa 52001. Respectfully, Harold F. Zimmerman Housing Inspector Donald J. Bandy Building Commissioner Robert N. Dunphy Fire Chief May 5, 1971 Notice Mr. & Mrs. William Kaiser, Jr. 2715 University Avenue Dubuque, Iowa 52001 Mr. & Mrs. Melvin Kaiser 1610 Hickson Avenue Dubuque, Iowa 52001 To Whom It May Concern. I have personally inspected the building known as 2715 University Avenue, Dubuque, Iowa, and lo- cated on Lot 21, Lenox Addition, City of Dubuque, Iowa, and the conditions as they have been re- ported to me by the Building Commissioner, Fire Chief and the Housing Inspector are substantial- ly correct. A copy of whose report is hereto attached and by refer- ence made a part hereof. According to City Ordinance No. 31-52, you are hereby given ten (10) days notice to dismantle the building and clean up the prem. ises. Yours very truly, Gilbert D. Chavenelle City Manager Councilman Pregler moved that proper notices be sent and a pub- lic hearing be held on Monday eve- ning, .lune 28, 1971, in the Coun- cil Chamber at the City Hall. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter Meyers, Moldenhau- er, Pregler. Nays—None. May 25, 1971 To The Honorable Mayor and City Council This notice has not been com- plied with and I recommend that the City Council that the provi- sions of Ordinance No. 35-52 be enforced and that the owner of said building known as 668 Uni- versity Avenue, and located on Lot 2 of 1-1.11 in Kelly's Sub., City of Dubuque, Iowa, be required to dismantle said building and clean up the premises. Respectfully submitted, Gilbert D. Chavenelle City Manager May 4, 1971 Mr. Gilbert D. Chavenelle City Manager On November 6, 1969, an inspec- tion was made of a two story, sin- gle family, brick residence build- ing at 668 University Avenue, Du- buque, Iowa. The interior and exterior of this home are unclean, unsanitary, di- lapidated and unfit for human oc- cupancy. 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 be taken to rectify this con- dition. The building is located on Lot 2 of 1-1-11 in Kelly's Sub., City of Dubuque, Iowa, and is owned by Mr. Robert A. Ring, 2834 Indiana Avenue, Dubuque, Iowa 52001, and Mrs. Virginia C. Ring, 5931,4e Ar- lington Street, Dubuque, Iowa 52001. Respectfully, Harold F. Zimmerman Housing Inspector Donald J. Bandy Building Commissioner Robert N. Dunphy Fire Chief Regular Session, June 7, 1971 205 May 4, 1971 Notice Mr. Robert A. Ring 2834 Indiana Avenue Dubuque, Iowa 52001 Mrs. Virginia Ring 5931,1 Arlington Street Dubuque, Iowa 52001 To Whom It May Concern: I have personally inspected the building known as 668 University Avenue, Dubuque, Iowa, and lo- cated on Lot 2 of 1-1-11 in Kelly's Sub., City of Dubuque, Iowa, and the conditions as they have been reported to me by the Building Commissioner, Fire Chief and the Housing Inspector are substantial- ly correct. A copy of whose report is hereto attached and by refer- ence made a part hereof. According to City Ordinance No. 35-52, you are hereby given ten (10) days notice to dismantle the building and clean up the premises. Yours very truly, Gilbert D. Chavenelle City Manager City of Dubuque, Iowa Councilman Pregler moved that proper notices be sent and a pub- lic hearing be held on Monday evening, June 28, 1971, in the Council Chamber at the City Hall. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. May 25, 1971 To The Honorable Mayor and City Council This notice has not been com- plied with and I recommend to the City Council that the provi- sions of Ordinance No. 35-52 be enforced and that the owner of said building known as 2954 Dav- enport Street and located on Lot 1 of Mineral Lot 354, City of Du- buque, Iowa, be required to dis- mantle said building and clean up the premises. Respectfully submitted, Gilbert D. Chavenelle City Manager May 4, 1971 Mr. Gilbert D. Chavenelle City Manager On February 27, 1970, an inspec tion was made of a two story, sin gle family, frame residence build- ing at 2954 Davenport Street, Du- buque, Iowa. The interior of this house is un- fit for human habitation. The elec- tric wiring is inadequate, no hot water, no bathroom facilities, both the interior and exterior of this building are becoming dilapidated and unsightly. The conditions that are present offer a definite fire hazard, a pos- sible breeding place for rats, an attractive nuisance for children and a detriment to this area. This building is located on Lot 1 of Mineral Lot 354, City of Du- buque, Iowa, and is in the William and Lillian Dean estate. The ad- ministrators of the estate are Mr. Ralph Dean, Riverside, Dubuque, Iowa 52001, and Mr. Raymond Dean. 3150 Ideal Lane, Dubuque, Iowa 52001. Respectfully, Harold F. Zimmerman Housing Inspector Donald J. Bandy Building Commissioner Robert N. Dunphy Fire Chief May 4, 1971 Notice Mr. Ralph Dean Riverside Dubuque, Iowa 52001 Mr, Raymond Dean 3150 Ideal Lane Dubuque, Iowa 52001 To Whom It May Concern: I have personally inspected the building known at 2954 Davenport Street, Dubuque, Iowa, and located on Lot 1 of Mineral Lot 354, City of Dubuque, Iowa, and find the conditions as they have been re- ported to me by the Building Com- missioner, Fire Chief and the housing Inspector substantially correct. A copy of whose report is hereto attached and by refer- ence made a part hereof. According to City Ordinance No. 3552, you are hereby given ten (10) days notice to dismantle the building and clean up the prem- ises. Yours very truly, Gilbert D. Chavenelle City of Dubuque, Iowa City Manager Councilman Pregler moved that proper notices be sent and a pub- lic hearing be held on Monday 206 Regular Session, June 7, 1971 evening. June 28, 1971 in the Council Chamber at the City Hall. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. May 25, 1971 To The Honorable Mayor and City Council This notice has not been com- plied with and I recommend to the City Council that the provi- sions of Ordinance No. 35.52 be enforced and that the owner of said building, known as 2494 Pin- ard Street and located on Lot 4 of Sub. 52, 53, 54 and 55 in Belle- vue Addition, City of Dubuque, Iowa, be required to dismantle said building and clean up the premises. Respectfully submitted, Gilbert D. Chavenelle City Manager May 4, 1971 Mr. Gilbert D. Chavenelle City Manager On November 22, 1968, an in- spection was made of a two story, single family, frame residence building at 2494 Pinard Street, Du- buque, Iowa. The interior and exterior of this home are unclean, unsanitary, di- lapidated and unfit for human oc- cupancy. The conditions that are present offer a definite firehazard, a breeding place for rats, an attrac- tive nuisance for children, and a detriment to this area. We recommend that immediate steps be taken to rectify this con- dition. The building is located on Lot 4 of Sub. 52, 53, 54 and 55 in Belle- vue Addition, City of Dubuque, Iowa, and is in the Barbara Kasper Trust, Trustee is Mr. Florian Kas- per, Jr., 2740 Andrew Court, Du. buque, Iowa 52001. Respectfully, Harold F. Zimmerman Housing Inspector Donald J. Bandy Building Commissioner Robert N. Dunphy Fire Chief May 4, 1971 Notice Mr. Florian Kasper, Jr. 2740 Andrew Court Dubuque, Iowa 52001 Dear Air. Kasper: 1 have personally inspected the building known as 2494 Pinard Street, Dubuque, Iowa, and located on Lot 4 of Sub. 52, 53, 54 and 55 in Bellevue Addition, City of Du- buque, Iowa, and find the condi- tions as they have been reported to me by the Building Commis- sioner, Fire Chief and the Hous- ing Inspector substantially correct. A copy of whose report is hereto attached and by reference made a part hereof. According to City Ordinance No. 35-52, you are hereby given ten (10) days notice to dismantle the building and clean up the prem- ises. Yours very truly, Gilbert D. Chavenelle City Manager Councilman Pregler moved that proper notices be sent and a pub- lic hearing be held on Monday eve- ning, June 28, 1971 in the Council Chamber at the City Hall. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. May 25, 1971 To The Honorable Mayor and City Council This notice has not been com- plied with and I recommend to the City Council that the provi- sions of Ordinance No. 35-52 be enforced and that the owner of said building known as 2313 Roos- evelt Street and located on I.ot 2 in Jansen's Sub., City of Dubuque, Iowa, be required to dismantle said building and clean up the premises. Respectfully submitted, Gilbert D. Chavenelle City Manager May 4, 1971 Mr. Gilbert D. Chavenelle City Manager On January 18, 1971, an inspec- tion was made of a one story, single family, tile residence build- ing at 2313 Roosevelt Street, Du- buque, Iowa. Regular Session, June 7, 1971 207 The interior of this home is un- fit for human habitation. The electric wiring is inadequate, no hot water, no tub or shower or lavatory, both the interior and ex- terior of this building are dilapi- dated and unsightly. The conditions that are present offer a definite possible breeding place for rats, a fire hazard, an attractive nuisance for children and a detriment to this area. This building is located on Lot 2 in Jansen's Sub., City of Du- buque, Iowa, and is owned by Gail B. Wunderlich, P. 0. Box 248, Sha- dy Cove, Oregon 97539. Respectfully, Harold F. Zimmerman Housing Inspector Donald J. Bandy Building Commissioner Robert N. Dunphy Fire Chief May 4, 1971 Notice Mrs. Gail B. Wunderlich P. 0. Box 248 Shady Cove, Oregon 97539 Dear Mrs. Wunderlich: I have personally inspected the building known as 2313 Roosevelt Street, Dubuque, Iowa, and located on Lot 2 in Jansen's Sub., City of Dubuque, Iowa, and find the con- ditions as they have been reported to me by the Building Commis- sioner, Fire Chief and the Housing Inspector substantially correct. A copy of whose report is hereto at- tached and by reference made a part hereof. According to City Ordinance No. 35-52, you are hereby given ten (10) days notice to dismantle the building and clean up the prem- ises. Yours very truly, Gilbert D. Chavenelle City Manager City of Dubuque, Iowa Councilman Pregler moved that proper notices be sent and a pub- lic hearing be held on Monday eve- ning, June 28, 1971 in the Council Chamber at the City Hall. Second- ed by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden• hauer, Pregler. Nays—None. June 2, 1971 ro the Honorable Mayor and City Council This is to advise that I have ap- proved the following policies and bond, and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY M. F. Goerdt. Construction Co., Bi- tuminous Casualty Corporation Merlin Goerdt, d/b/a M. F. Goerdt, Construction Company, Bitumi- nous Casualty Corporation Adrian C. Swift, d/b/a Swift, Plumbing & Heating Co., The Ohio Casualty Insurance Co. SIDEWALK Kenneth Schromen, The Ohio Cas- ualty Insurance Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of filing policies subject to approval of the City Solicitor. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. June 3, 1971 To the Honorable Mayor and City Council I am submitting for your con- sideration a request on behalf of the directors and staff of Corner. stone for a permit to conduct a door-to-door fund drive on Tues- day, June 15, 1971. The solicitation will begin at 10:00 A.M. and will continue to 8:00 P.M. or until the work is completed. Mr. Jack Hanson, President of Cornerstone, has been contacted and he said that churches, profes- sional and business organizations are being contacted to work as so- licitors. Mr. Hanson also said that a representative of the Board of Directors will attend Council meet- ing to discuss the proposal with N1011. Respectfully, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval and referred to the Man- ager for implementation. Second- 208 Regular Session, June 7, 1.971 ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, 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. Second- ed by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Mr. Jim Reynolds of 3550 Key- mont Drive addressed the Coun- cil by stating that Cornerstone needs about $6000 to match grant of the Crime Commission. They have no paid staff at the present time. It is not comparable to op- eration of crossroads. Strictly non- profit organization. June 3, 1971 To the Honorable Mayor and City Council I am returning to you the in- quiry of Mr. Ronald G. Rauch about the recycling of aluminum cans. For your information I am en- closing a copy of a letter received from Mr. Cletus Allen on the sub- ject and a copy of my letter to Mr. Rauch stating what we were able to find out about recycling aluminum cans, and that it does not presently seem feasible that such an operation be undertaken by the city refuse department. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. June 4, 1971 To the Honorable Mayor and City Council I am returning to you the peti- tion of John Zurcher requesting the vacation of a section of alley extending off of Marquette Street. It is suggested that for the pros. ent the petition be denied. I have talked to the petitioner and have informed him of this recommendation. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Couch. man. Carried by the following vote: Yeas — Mayor Meyers, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. May 26, 1971 Hon. Mayor & City Council On May 7, 1971, the City of Inglewood, California wrote your Honorable Body asking that you join with the City of Inglewood, California in support of a bill re- quiring that air craft engines be made quieter. I have reviewed the matter and conferred with the City Manager and in view of the fact that the City of Dubuque operates an air- port, I would recommend that the City not go on record for any par- ticular action until further infor- mation can be obtained. Correspondence of the City of Inglewood, California is returned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. May 26, 1971 Hon. Mayor and City Council On the 8th day of March, 1971, Original Notice with Petition at- tached was served on the City of Dubuque by Ecumenical Housing, Inc. claiming damages in the amount of $54,033.00 allegedly aris- ing out of the damages suffered to a building from fire and claim- ing that the City of Dubuque, one of the defendants, was negligent. This matter was referred to the City Attorney and who also re- ferred the same to the appropri- ate agency, who, together with its counsel and the City Attorney en- tered resistance to said action. Regular Session, June 7, 1971.. 209 On the 7th day of May, 1971, the District Court of Dubuque County, Iowa entered an order mak- ing, adjudication that the petition of the plaintiff's action against the City of Dubuque, Iowa does not state a civil wrong by the City of Dubuque or any of its employees or officers for which plaintiff is entitled to recover against it; in effect, the Court makes an adjudi- cation that the plaintiff does not have a cause of action against the City of Dubuque. Unless there is an appeal, this closes the matter and Original No- tice and the Petition are herewith returned. Respectfully submitted, R. N. Russo City Attorney Mayor Couchman moved that the communication be received and filed. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. May 26, 1971 Hon. Mayor & City Council On May 3, 1971, George C. Vogel of 2300 Windsor Avenue, this city, filed claim against the City of Dubuque in the amount of $30.00 and alleging therein that said dam- ages occurred to one of his auto- mobile tires as the result of sharp edges of curbing between 2300 and 2302 Windsor Avenue. This claim has been referred to the City Attorney and I have made an investigation of this claim and I have examined the site and it is my opinion that there is no ac- tionable negligence on the part of the City of Dubuque and there- fore recommend denial of said claim. Original claim is returned herewith. Respectfully submitted, R. N. Russo City Attorney Mayor Couchman movedapprov al of the recommendation. Second ed by Councilman Pregler. Car ried by the following vote: Yeas — Mayor Couchman, Coun oilmen Bitter, Meyers, Molden hauer, Pregler. Nays—None. May 13, 1971 Hon. Mayor and City Council On April 23, 1971,.Gary William Meyer of 1855 Wood Street, this city, filed claim against the City of Dubuque for damages to his auto in the total estimated amount of $320.00 and claiming therein that said damages occurred on April 9, 1971 as the result of striking a pile of loose dirt and debris on Cox Street just off Loras Boulevard and which pile was not lighted. This matter was investigated by the City Attorney's office and who checked with the Street Depart- ment, and I have conferred with the claimant who has made an of- fer of settlement of this claim in the amount of $274.39 and it is the recommendation of the City At- torney that said offer of settle- ment be accepted and that the City Auditor be instructed to draw a warrant payable to Gary William Meyer in the amount of $274.39 and transmit the same to the City Attorney for delivery up- on receipt of duly executed re- leases. Original claim is returned herewith. Respectfully submitted, R. N. Russo Mayor Couchman moved approv- al of the recommendation. Second. ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. April 26, 1971 Hon. Mayor and City Council On August 20, 1970, Ralph Blas- er of 2410 Queen Street filed claim against the City of Dubuque claim- ing damages in the amount of $30.00 as the result of damages to his vehicle when it dropped in a hole in the street on Seventh Street between Main and Locust Street. At that time the said street was under construction by Goerdt Construction Company. This matter was then referred to Goerdt Construction Company and after considerable correspond- ence and inquiry back and forth, it has been learned that Goerdt m Construction Copany, through its insurance carrier, has denied Mr. Blaser's claim on the grounds that 210 Regular Session, June 7, 1971 he was contributorily negligent in the operation of his vehicle at said time and place. it appears that Mr. Blaser was passing a ve- hicle parked in front of him and in going around this vehicle his car dropped into a portion of the street that was being worked up- on at that time. This matter has been investi- gated by the City Attorney's office who has been in correspondence with Goerdt Construction Company representatives as well as the Hart- ford Insurance Company Group, insuring Mr. Goerdt, and in view of their findings, it is the rec- ommendation of the City Attorney that the claim of Ralph Blaser against the City of Dubuque be denied and that the original claim is returned herewith, Itwould appear that if Mr. Bla- ser has a claim it should be. as- serted against the Goerdt Con- struction Company and that he would in all likelihood have to commence an action to enforce collection. Respectfully submitted, R. N. Russo City Attorney Mayor Couchman moved approv- al of the recommendation. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Communication of John J. Pins objecting to the way his car claim was handled based upon informa- tion received from the City Attor- ney's office, presented and read. After hearing an explanation by the City Attorney in defense of his action Councilman Pregler moved that the communication be re- ceived and filed and the objec- tion overruled. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays --None. June 2, 1971 Hon. Mayor and City Council On January 26, 1971, Mrs. Doro- thy Kamentz of 1831 Jackson Street, this city, filed claim against the City of Dubuque, Iowa, in the amount of $421.75 for injuries a]. legedly suffered on the 4th day of January. 1971 as the result of an alleged fall in the street at or near the northeast corner of 19th and Jackson Street, because of snow covered ice and claimant alleging that as a result of said fall she suf. fered a fractured right wrist, and this matter was referred to the writer. I have made an investigation of this matter and have reviewed the medical bills and have con- ferred with the claimant, who has made an offer of settlement of this claim in the amount of $100.00, and it is the recommendation 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. Dorothy Kamentz and Harold Ka- mentz, wife and husband, in the amount of $100.00 and 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 Mayor Couchman moved approv- al of the recommendation. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Notice of petition at law in the amount of $710.80 by Robert & Livija Klauer as a result of damage to property at 687 Needham due to a defective fallen tree on July 15, 1970, presented and read. Council- man Meyers moved that the no- tice be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Notice of third party petition by the I. C. Railroad Company as De- fendant and third party petitioner in the case of John Wolfe who sustained personal injuries while working on flood protection on April 17, 1969, presented and read. Councilman Meyers nwved that the Regular Session, June 7, 1971 211 notice be referred to the City So- i licitor for investigation and re- 1 port) Seconded by Councilman Bit- f ter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Notice of claim of M. P. Kluek & Sons Inc., in the amount of $13,748.65 against Healy Mechani- cal Contractors Inc. for labor and material furnished in the construc- tion of Cedar Lift Station, present- ed and read. Councilman Meyers moved that the notice be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays—None. Notice of claim of Helen Marie Holz, in the amount of $75.00, for personal injuries received in a fall on a defective sidewalk on the east side of Main Street between 8th and 9th on May 3, 1971, pre- sented and read. Councilman Mey- ers moved that the notice be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Notice of claim of Mrs. Anthony Hohmann in the amount of $35.00, for personal injuries and property damage incurred as the result of a fall on East 22nd Street on Mav 21, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Notice of claim of Mrs. Regina Ahern, in an undetermined amount, for personal injuries re- ceived in a fall on a defective sidewalk on the east side of Bluff Street on April 16, 1971, presented and read. Councilman Meyers noved that the notice of claim )e that to the City Solicitor !or investigation and report. Sec- mded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Notice of claim of Aid Insur- ance Services, in behalf of Jerry McClun, in an estimated amount of $9.92 for car damage received between 12th and 13th Street on Iowa on May 24, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Notice of claim of Mrs. Olivia Heston, in the amount of $4.27, for car damage incurred as the re- sult of striking a protruding piece of metal in a curb at 13th & Cen. tral Ave. on May 17, 1971, present- ed and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, 1101den- hauer, Pregler. Nays—None. Notice of claim of Mrs. Gladys Blackbourn, in an undetermined amount, for personal injuries re- ceived in a fall on a sidewalk at the Gulf Station on Locust Street on May 28, 1971, presented and read. Councilman Meyers moved that the notice of claim be re- fered to the City Solicitor for in- vestigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of suit of Cletus Paul Grace in the amount of $75,000 for personal injuries received in a fall on a defective sidewalk in the seven hundred block of Hill Streeton March 10, 1971, present- 212 Regular Session, June 7, 1971 ed and read. Councilman Meyers moved that the notice of suit be referred to the City Solicitor for investigation and report. Second- ed by Councilman Bitter. Carried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing on a proposal to amend Zoning Ordinance No. 3.34 by amending Article IV Section 2 (h) thereof to include Lot 2 and Lot 3 of Sidonia Hosford's Sub. in professional office use classifi- cation presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 20-71 An Ordinance amending Ordi- nance No. 3.34 known as the Zoning Ordinance of the City of Dubuque, Iowa, by amending Ar- ticle IV, Section 2 (h) thereof to include certain described real estate in which professional of- fices or studios of a physician, dentist, architect, engineer, law- yer, realtor, insurance, musician, or similar professions may be permitted, (Nemmers - Pearson - Adams Realty), Said Ordinance having been pre- viously presented and read at the Council meeting of May 3, 1971, presented for Final Adoption. ORDINANCE AN ORDINANCEAMEND NG ORDI- NANCE No: 334 KNOWN AS THE ME IT DAINED BYrtTHE CITYECOUNOR- CIL OF THE CITY OF DUBUQUE, IOWA: oateodaadknwn- hZninngMpnZoning Ordinance of the City of Dubuque, Iowa be and the same Is hereby amended byamending Article IV, Section 2 (h) thereof as follows: "ARTICLE IV. Section 2. (h) Professional offices or stu- dios, of a physician, dentist, e rchitect, engineer, lawyer, realtor, insurance, musician or similar professions within the following described area: Lot 2 and Lot 3 of Sidonia Hosford's Subdivision, In the City of Dubuque, Iowa.,, Passed, approved and adopted this 7th day of June, 1971, Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter ATTEST: Councilmen Leo F. Frommelt City Clerk. Published officially In The Telegraph - Herald Newspaper this 11th day of June, 1971. Leo F. Frommelt It. 6/11 City Clerk . Councilman Meyers moved final adoption of the Ordinance. Sec. onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to amend Ordi- nance No. 3-34 known as the Zon. ing Map and Zoning Ordinance of the City of. Dubuque to classify the recently annexed territory as Multiple Residence District, Lot 1 Of 1 of 1 of I of 1 of 1 and Lot 2 of 1 of 1 of M. L. 324, SWI/4 NW Y4 Sec. 12, Lot 1 of N% SEI/4 NWI/4 Section 12, Lot 1 of M. L. 325, Lot 3 NWN NW% Section 12, all in TWP 89 North Range 1 East of 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. Mayor Couchman moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler, Nays—None. ORDINANCE NO. 21-71 An Ordinance Zoning and clas- sifying recently annexed terri tory to the City of Dubuque, Iowa, as a "Multiple Residence District" which real estate is hereinafter described (Manter- nach Mobile Court). Said Ordinance having been pre- viously presented and read at the Regular Session, June. 7, 1971 213 Council meeting of May 3, 1971, presented for final adoption. ORDINANCE No. 21.71 CLASSIIFYDINANCE CENTLY ANNEX- ED TERRITORY TO THE CITY OF DUBUQUE, IOWA AS A "MULTIPLE RESIDENCE DISTRICT" WHICH REAL ESTATE IS HEREINAFTER DESCRIBED. WHEREAS, the real estate herein. after described wa•, recently annexed to, and became a part of, the City of Dubuque, Iowa by resolution of the City Council passed, adopted and al proved at its meeting April 5, 1971, and which annexation was upon vol- untary petition, and WHEREAS, the Planning and Zon- ing Commission of the City of Du. buque, Iowa has approved and rec- ommended that said territory recently annexed and hereinafter described be zoned and c'assi}led as a "Multiple ResidenceD'strict." NOW THEREFORE BE IT OR- DAINFD BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following de- scribed real estate, to -wit: Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Lot 1 of Mineral Lot 324, South- west One -Quarter Nrrthwest One. quarter of Section 12, Lot 1 of North One-half Southeast One. tir12, Lott I oft Minerral Let Sec- tion2, and Lot 3 Northwest One -Quarter Northwest One -Quarter Section 12, all in Township 89 North, Range 2 East of the 5th Principal Meridi- an In Dubuque County, Iowa, ac- cording to recorded plat thereof . be and the same Is hereby classified and zoned as a "Multiple Residence District." Section 2. That said terrNory be and the same shall be In and become part of the Fourteenth Voting Pre- cinct of Dubuque, Iowa. Passed, approved and adopted this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk. Published officlally in The Telegraph - Herald Newspaper this 11th day of June 1971. Leo F. Frommelt City Clerk. It. 6/11 Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. May 13, 1971 Honorable Mayor and Council Members The Planning and Zoning Com mission has held a public hearinf on the Manternach Mobile Bolo( Park Plan. This property is locate( on Peru Road, in the City of Du buque, Iowa. The Commission has found tha the plan conforms to the develop ment standards that were adopt(,( by the Commission and the Coun ail. It was further the opinion of he Commission that a mobile some park would be an appropri- lte use for this area and that it would meet a need in the commun- ty. It is the recommendation of the 7ity Planning and Zoning Commis- sion that this plan be approved by the Council. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved that the recommendation be received and filed. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 139-71 RESOLITTTON APPROVING THE PLAN OF "TERRACE HETGHTS MOBILE HOME PARK" IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a plat of "Ter- race Heinhts Mobile Home Park" in the City of Dubuque, Iowa by Thomas J. Manternach and Sons, Dubuque, Iowa; and WHEREAS, said plan has been examined by the City Plannine and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said plan has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto; NOW THEREFORE, BE IT RE- SSOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the plan of "Ter- race Heights Mobile Home Park" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Council are hereby authorized and di- rected to endorse the approval of the City of Dubunue, Iowa, upon said plan, provided the owners of said property herein named, exe- cute their written acceptance here. to attached agreeing: a. To comply with all require- ments of the City of Du- buque, Iowa, and the City of Dubuque Mobile Home Regu- lations. 214 Regular Session. June 7, 1971 b. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface same with bitumi- nous concrete, or with 61/4" concrete paving with integral curb, all in accordance with City of Dubuque standard specifications; c. To install sanitary sewer mains and sewer service lat- erals in accordance with per- formance standards submit- ted; d. To install water mains and water service laterals in ac- cordance with performance standards submitted; e. To install storm sewers and catch basins in accordance with performance standards submitted; f. To install concrete sidewalks in accordance with perform- ance standards submitted; g. To construct the foreeoing improvements in accordance with plans and specifications approved by the City Manag- er, under the inspection of the City Engineer; and in a manner approved by the City Manager; h. To maintain the foregoing improvements from the date of their acceptance by the City of Dubuque, Iowa; L To provide the foregoing con- struction and maintenance at the sole expense of the Own- er, the "Terrace Heights Mo- bile Home Park," Passed, adopted and approved by unanimous recorded roll call this 7th day of June, A.D., 1971, Gaylord M. Couchman Mayor Wayne A. Moldenhauer Joseph J. Bitter Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 139.71 I, the undersigned Thomas J. Manternach, having read the terms and conditions of the foregoing Resolution No. 139-71 and being familiar with the conditions there. of, hereby accept the same and agree to perform the conditions required therein. Dated at Du- buque, Iowa, this 9th day of ,Tune, 1971. /s/ Thomas J. Manternach—Owner Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to amend the cur- rent budget by increasing expen. ditures in the Recreation Fund from $548,645 to $561,632, present- ed and read. Councilman Pregler moved that the proof of publica- tion be received and filed. Sec. onded by Councilman Moldenhau. er. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays—None. Communication of Playground and Recreation Commission sub- mitting a report on the Hempstead swimming program for March, April and May of 1971, showing the use of the facility and being of the opinion that indoor swim- ming is needed in the winter, pre. sented and read. Councilman Bit- ter moved that the communica- tion be received and filed. Second- ed by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Communication of Dubuque Area Legal Services Agency ob- jecting to the proposed raise in swimming pool rates generally and in addition to the proposed multiple ticket price discount method, presented and read. Coun- cilman Pregler moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Mr. Henry Waltz appeared be- fore the Council and submitted two written statements of protest to the increase of expenditure re- Regular Session, June 7, 1971 215 quested by the Recreation Com- mission of $12,000, as being in vio- lation of the Code, being discrimi- natory, and the rates have been placed in effect before the hear- ing. Mayor Couchman moved that the communications be received and filed. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Pregler moved that the budget increase for the Rec- reation Commission be denied. Seconded by Councilman Meyers. Roll call on the motion was as follows: Yeas — Councilmen Meyers, Pregler. Nays—Mayor Couchman, Coun- cilmen Bitter, Moldenhauer. MO- TION FAILED. ORDINANCE NO. 25-71 An Ordinance amending the budget as approved by Ordi- nances numbered 1.71, 10.71 and 13.71, said Ordinance having been pre- viously presented and read at the Council meeting of May 10, 1971, presented for final adoption. ORDINANCE No. 25-71 AN ORDINANCE AMENDING THE BUDGET AS APPROVED BY OR- DINANCES NUMBERED 1-71, 1041 AND 13.71. Be it ordained by the City Council of the City of Dubuque, Iowa. That the miscellaneous revenues of re herebReincreai edGandral the amount ap- proprialed and allocated to the Recre- ation-Generai Fund expense for pay- ment of Swimming Pool Expense; and to that end the appropriation and allocation of funds are hereby au- thorized to -wit: RECREATION GENERAL FUND Miscellaneous Revenue Account Code No. -17-3201 Description—Swimming Pool Receipts Amount Increased.—$12,987.00 RECREATION GENERAL FUND Swimming Pool Expense Account Amount Code Number Description Increased 17-2981.1102 Personnel Exp. $11,887.00 17-290;-1306 Insurance 500.00 17-2981-1313 Rent & Leases 600.00 TOTAL EXPENSE -512,987.00 Passed, adopted and approved this 7th day of June, 1971. Gaylord M. Couchman Mayor Wayne A. Moldenhauer Joseph J. Bitter Councilmen ATTEST: Leo F. Frgrnmalt City Clerk Published officially in The Telegraph - Herald Newspaper this 11th day of June, 1971. Leo F. Froinmelt City Clerk. 1t. 6111 Councilman Moldenhauer moved final aduptiun of the Ordinance Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Ritter, Moldenhauer. Nays — Councilmen Meyers, Pregler. ORDINANCE NO. 26.71 Granting Kenneth A. Hartig the revocable permit to construct a portion of a structure over pub- lic rights-of-way, presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 26-71 GRANTING KENNETH A. HARTIG 7HE REVOCABLE PERMIT TO STRUCTURE OVER PUBLIC RIGHTS- OF-WAY WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America entered Into a Loan and Capital Grant Con- tract 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 Prc!ect, acquired real estate, relocated site occupants, demolished and removed site Improvements, and otherwise prepared certain land for redevelopment; and WHEREAS, under date of March 31, 1971, Kenneth A. Hartig, (herein re- ferred to as "Applkant") and the asty"City Dubuque Into a (Contrto act for the Sale of Land for Private Re. development for Block 11 In Dubuqque Downtown Plaza In the City of Du- buoue, Iowa; and WHEREAS, Pursuant to the provi- sions of said Contract, the Applicant submitted to the City pre:iminary con- struction plans detailing a portion of nd otherwise extenwhidh o Intl publioverc rigang hts- of-way * and WHEREAS, the said plansalso In- dicate that the footings required and nBCessary for the proposed structure will extend into various public rights - of way; and WHEREAS, the City Planner, the City Engineer's Office and the De- rrevlewenofothe rpeelimenaryalconstrur. tion plans find that the redevelop - Ment proposal submitted by the Ap plicant meets thee objectives of the Urban. Renewal Plan;_nnowtcereiTv CTION 1. That the Applicant be it 1s hereby granted the right authority tain construct candn Sevenith 216 Regular Session, June 7, 1971 Street rights -of -war, also known as assigns shall have no claim, nor as. pert same, against the City, its oil Town Clock Plaza, a certain portion floes, employees or agents for any of a structure to be constructed on Block 11 In Dubuque Downtown Plaza damages whatsoever resulting from In the City of Dubuque. Iowa, and which land abuts the said rights -Of- the removal of said portion of said structure In and over the public way, all in conformance with the plans attached hereto and made a rlphts-of-way. SECTION B. That this Ordinance part hereof as approved by the City shall become effective and the rights Manager and also on file in the of. and privileges hereunder shall accrue fice of the Building Commissioner, to the Applicant when this Ordinance SECTION 2. That the Applicant be has been duly adopted by the Cit and It Is hereby further granted the Council and accepted by the Appll. right and authority to construct in the Mein Street and Seventh Street cant by endorsement hereon, and permission herein will be binding rights.ol-wav footings sublect to the upon the Applicant, its successors the protection of all existing utilities, andassigns. 9. This Ordinance both and prlvale, that may SECTION shall In fact exist In and about the sublect be In full force and effect from and Premises, all In conformance with after its final passage, adoption and the said construction plans. publication as by law provided. SECTION 3. That such construction Passed. approved and adopted this 7th day of June, 1971. shall be done under the supervision and direction of the City Manager Gaylord M. Couchman and Building Commissioner, and In accordance with all avP-1cable State Magor Welter A. Pregler and Federal laws and the regulations Wayne A. M Donald Meyers suer and Ordinances of the City. J. Joseph J. Bitter SECTION A. That In consideration Councilmen of the rights and privileges herein ATTEST- granted, the Applicant, its successors Leo F. Frommelt and assigns, assume any and all Iia- City Clerk bllity for damages to person or prop- ACCEPTANCE OF ORDINANCE erty which may result from the con. No. 26-71 struction, existence, or maintenance Kenneth A. Hartig, the owner of of that portion of the said structure the Block 11 in Dubuque Downtown Plaza which will overhang public rights- of -way, and agree at Its expense to In the City of Dubuque, Iowa, having full knowledge and understanding of Indemnify and hold the City harm,ess the terms and conditions of Ordinance and to pay on behalf of the City all No. 26-71, hereby accepts the same sums and expenses which the City as passed, approved and adopted by shall become obligated to pay by the Council of the City of Dubuque, reason of the liability Imposed on the and agrees to comply with all of the City for damages of any nature re- terms and conditions contained sulting from the cnnstruction or ex- therein. isfence or maintenance of that portion ATTEST: /s/ Gent M. Wittenberg of the said structure which will over. /s/ Kenneth A. Hartig hang the public rights-of-way, sus- Published officially In The Te.egraph- talned by any person or persons, Herald Newspaper this 15th day of caused by accident or otherwise. June, 1971. SECTION 5. That In further con- Leo F. Frommelt sideration of the license and pri- CORY Clerk vileges herein granted, the Applicant It. 6/15 its successors and assigns, covenant and agree to Include the cityan additional named insured in ann in- Councilman Bitter moved final surance policy of comprehensive Iia- adoption of the Ordinance. See- bility Issued by a company author- ized to do business in the State of onded by Councilman Meyers. Car - Iowa. Said policy shall be written with minimum limits of not less than ried by the following vote: 5100,000 for lnlury to any one person, not less than $300,000 for any one yeas -- Mayor Couchman, CDUn- accident and not less than :100,000 for oilmen Bitter, Meyers, Molden- property damage. The City shall be furnished with a certified true copy hauer, Pregler. of said policy to be kept on file In the Office of the City Clerk, and Nays—None. said policy shall also provide for at least a ten (10) days' written notice ORDINANCE NO. 27.71 to be furnished the City prior to any cancellationPolicy. or material change in saidAn id po Ordinance amending Ordi- SECTION 6. That the Applicant, Its nanee No. 31.52 by repealing successors and assigns covenant and agree that the right herein grant. section 3 thereof and enacting ed is deemed a revocable permit or revocable license and the same may a new Section 3 in lieu thereof be revoked, with or without cause, at t0 provide that operators of any time by the City of Dubuque and upon revocation of said perms( service stations shall be re- tureicin sandaovero then publics rights- quired to obtain license and pay of-wav shall be removed by the Ap- plicant. fee therefor in the amount of SECTION 7. That In the event the Applicant, Its successors or assigns fall to ten ($10.00) dollars, presented comply with any of the terms or conditions contained herein, and read. or in the event of revocation by the Councilman Bitter moved that City of the permit or license herein granted, the Applicant, its successors the reading just had be considered or assigns shall, after receipt of written noflce from the City Man. the first reading of the Ordinance. ager so to do, at the Applicant's ex. pense, remove said portion Seconded by Councilman Meyers. of the structure in and over the public ripMs-of-waY, and in the event of Its failure Carried by the following vote: Yeas COun- or refusal to commence said removal — Mayor Couchman, within thirty (30) days of mailing of notice to remove same and o r ilmen Bitter Meyers, Molden- complete same with diligence and dispatch (unless prevented by cir. cumstances hauer, Pregler. beyond control of Appll- cant), the City shall proceed to re- move the same Nays—None. at Applicants ex- pense and assess the Cost thereof Councilman Bitter moved that against the premises as a s ecial tax and to dispose of said portion the rule requiring an Ordinance of the structure removed as In Its sole to be read on three separate days discretion the City shall deem fit, end the Applicant, Its successors or be waived. Seconded b Council - Y Regular Session, June 7, 1971 217 man Meyers. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays ---None. ORDINANCE No. 27-71 AN ORDINANCE AMENDING ORDI- SECTIONNo. 3 THIEREOF AND ENACT- ING A NEW SECTION 3 IN LIEU THEREOF TO PROVIDE THAT OASH OEIRSA TIONSALL BE REQUIRED TO TTHERIEFORCEIN STHEAND AMOUNTFEE OF TEN (510.00) DOLLARS. NOW THEREFORE BE IT CIL OF TDHEB CITVE CITY FTYDUBUQUE IOWA: Section 1. Thar Ordinance No. 31-52 regulating service stations and tank vehicles carrying inflammabe liquids ded by reveal nga5 Section 3abthereof nand enacting a new Section 3 in lieu thereof as follgws: Section 3. o person shall engage In the operation of any service station within the City of Dubuque, Iowa, without first securing a license or permit therefor in compliance with Pe arofee thereforIn the ns Of his ordinance, amount of Ten (s10.00) Dollars. Said license or permit to operate shall expire on the 30th day of June following the Is. license or Permit andrenewal ebe I due feesfor 1St of each near for the ensuing year and shall become delinquent If unpaid b Pessed,t approvedJand uIv of each adoptedythis 7th day of June, 197). Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk. HelIn The Telegraph- Herald rraldNwspaper thisllhdyof June, 1971. Leo F. Frommelt City Clerk. It. 6/11 Councilman Bitter moved final adoption of the Ordinance. Sec- onded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. ORDINANCE NO. 28.71 An Ordinance amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by amending Sec- tion A of Schedule 111 by adding a new Subsection 24 thereto to provide that eastbound and westbound motor vehicles must stop before entering the inter- section of Atlantic Street and Custer Street, presented and read. Councilman Bitter moved tha' the reading just had be consideree the first reading of the Ordinance Seconded by Councilman Meyers .arried by the following vote: Yeas — Mayor Couchman, Coun- ,ilmen Bitter, Meyers, Molden- iauer, 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 Meyers. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. ORDINANCE No. 28.71 AN ORDINANCE AMENDING ORDI- NANCE No. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED, BY AMEND- ING SECTION A OF SCHEDULE III BY ADDING A NEW SUBSECTION 24 THERETO TO PROVIDE THAT EASTBOUND AND WESTBOUND MOTOR VEHICLES MUST STOP BE- FORE ENTERING THE INTERSEC- TION OF ATLANTIC STREET AND CUSTER STREET. NOW THEREFORE BE IT OR- DAINED CITY OFTYDUBUQUE 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 add- ing a new Subsection 24 to Section A of Schedule III thereof as follows: "SCHEDULE Ill. A. 24. Atlantic Street and Custer Street." Passed, approved and adopted this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk. Published officially In The Telegraph - Herald Newspaper this 11th day of June, 1971. Leo F. Frommelt City Clerk. lt. 6/11 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 29.71 An Ordinance establishing a cur- few for minors and providing penalties for violation thereof, presented and read. Mr. Joseph Paradiso inquired as to the Ordinance being consti- tutional. Mr. Bob Day of 1630 Ru- ann Drive stated that the Ordi- nance is unsound and trying mor. al standards. If enacted the ordi- nance would overburden the police and could never be effective. Stan Hodge of 1945 Ungs Street in- 218 Regular Session, June 7, 1971 quired as to the petition contain- ing 460 signatures which was sent to the Advisory Commission which definitely is against a curfew along with the Youth Council. Mrs. Edna Thompson stated that chil- dren should be told what parents want. Thomas Douglas O'Rourke of 536 Fenelon Place was of the opinion that a majority of good kids would be punished for that ever present bad minority. No cur- few ordinance is needed to push down the good ones. March 3, 1971 Hon. Mayor & City Council At the meeting of the City Council on March 1, 1971, the mat- ter of "curfew" was discussed and you have acted upon same by pro- viding for a joint session with the City Council and the City Attorney to consider the further drawing up of a "curfew" ordinance, I would submit the following for your care- ful and serious consideration: 1. Is there a demonstrable need for such type ordinance? What problems affecting the public in- terests relating to juveniles are intended to be cured or corrected? 2. What evidence exists or is Present that would lead one to reasonably conclude that the pro- posed "curfew" ordinance would cure or correct such problems? 3. What is the reasonable likeli- hood of having said ordinance rea- sonably enforced? For purposes of your considera. tion, I think it would be impor- tant to direct the attention of this document to Question No. 3 as questions No. 1 and No. 2 have been openly discussed at your Council meeting. CHAPTER 232, 1970 Code of Iowa. "NEGLECTED, DEPENDENT AND DELINQUENT CHILDREN." 231.1 Rule of construction. This chapter shall be. liberally con. strued to the end that each child coming within the jurisdiction of the juvenile court shall receive, preferably in his home, the care, guidance, and control that will conduce to his welfare and the best interests of the state, and that when he is removed from the control of his parents, the court shall secure for him care as nearly as possible equivalent to that which he should have been given. 232.2 Definitions. 1. "Court" means the juvenile court as established under chap- ter 231. 2. (not relevant) 3. "Child" means a person less than eighteen years of age. 4. "Minor" means a person less than twenty-one years of age. 5. "Adult" means a person twen. ty-one years of age or older. Subsection 6 through 12, not relevant. 13. "Delinquent child" means a child: a) Who has violated any state law or local laws or ordinances except any offense which is ex- empted from this chapter by law. b) Who has violated a federal law or a law of another state and whose case has been referred to the juvenile court. c) Who is uncontrolled by his parents, guardian or legal custo- dian by reason of being wayward or habitually disobedient. 14. "Dependent child" means a child: a) Who is without a parent, guardian or other custodian. b) Who is in need of special care and treatment required by his physical or mental condition which the parents, guardian, or other cus- todian is unable to provide. c) Whose parents, guardian, or other custodian for good cause de- sires to be relieved of his care and custody. 15. "Neglected child" means a child: a) Who is abandoned by his par- ents, guardian, or other custodian. b) Who is without proper par- ental care because of the emotion- al, mental, or physical disability, or state of immaturity of his par- ents, guardian, or other custo- dian. c) Who is without proper par- ental care because of the faults or habits of his parents, guardian, or other custodian. d) Who is living under condi- tions injurious to his mental or physical health or welfare. 232.3 Information . Investigation Petition "Whenever the court or any of its officers are informed by any competent person that a minor is within the purview of this chapter, Regular Session, June 7, 1971 219 an inquiry shall be made of the Iunder oath that such child is a de - facts presented which bring the linquent child in that said child minor under this chapter to de- did violate the "curfew" ordl- termine whether the interests of nnnee. From a prosecutor's stand. the public or of the minor re- point defense counsel would have quire that further action be taken. a virtual bonanza. Enforcement After such an inquiry the judge, would virtually be impossible. probation officer, or county attor- 232.28 Right to counsel. "The ney may authorize the filing of a child, parents, guardian, or custo- petition with the clerk of the dian shall have the right to legal court by any informed person with- counsel. If the minor, parents, out payment of a filing fee. If guardian, or custodian desire but the facts pleaded are admitted by are unable to employ counsel, such the minor and consent is obtained counsel shall be appointed by the from the parents, or guardian of court." the minor, the court may make Despite all of the rumors, dif- whatever informal adjustment is ferences of opinions, and ideas practical without holding a formal that one may have relating to the hearing. Efforts to affect informal handling of juveniles whether by adjustment may be continued not "curfew" ordinance or otherwise, longer than three months without it should be clearly and unequivo- review by the judge. cally borne in mind that a juvenile The petition and subsequent can only be handled in the man - court documents shall be entitled ner set out in Chapter 232.2, that "In the interest of ........................... is to say, that only the juvenile a child." The petition shall be court has jurisdiction over that verified and any statements may child, except in those cases where be made upon information and be- he commits an offense which Is lief. The petition shall set forth exempted from this chapter by plainly: law. A good example of that is a 1. The facts which bring the "child" violates a motor vehicle child within the purview of this law is treated as a traffic offend. chapter. er by either the police court, the 2. The name, age and residence municipal court, or the Mayor's of the child. court, or which ever court it might 3. The names and residences of be, rather than juvenile court, sim- the parents of the child. ply because the law makes that 4. The name and residence of exception, specifically. Unless such the legal guardian of the child if exception is made, all other in - there is one, of the person or per- stances the child must be handled sons having custody or control of and processed through juvenile the child, or of the nearest known court. relative of the child if no parent Cited cases where a child is ta- or guradian can be found. ken to Justice of the Peace court If any of the facts herein re- for violation of a City ordinance quired are not known by the pe- or curfew ordinance is clearly in titioner the petition shall so state. violation of the statute as such through Complaint with reference to child must be processed the juvenile court. more than one child may be em- braced in one count of the petition In closing, I wish to point out subject to being later divided or to you that in my experience and separate hearings held on order in joy opinion that one would have difficult time with of the court." From the foregoing it appears a very, very any reasonable court in attempt - Judge, that the complaint or petition must ing to go in before that thlat a state or allege that the child vio- or Judges, to establish he lating the "curfew" ordinance is child is a delinquent because ordinance. If a delinquent child and obviously by definition cannot be considered violated a curfew one is to consider the fact that a neglected or dependent child. said child has repeatedly violated Therein lies the crux of the the curfew ordinance, then it no becomes a question of via problem, in that to charge a child with the violation of a "curfew" longer lating the curfew ordinance, but ordinance one would have to state becomes a question of whether or 220 Regular Session, June 7, 1971 not the child is delinquent by reason of other violations, or, the child is a dependent or neglected child and, in which of any event, there is ample provisions as here- inabove cited to cover such a con. tingency as distinguished from en- acting a "curfew" ordinance. I believe that if a curfew ordi- nance were to be enacted it would result in the knowledgeable juve- niles in increasing their contempt for the police, for the City Council and for law enforcement in gen- eral. I beleive that the Council do well to consider the foregoing in the light of its stated objectives in enacting a "curfew" ordinance. So that there can be no misun- derstandings, this office will not release the contents of this letter to any of the news media. I believe if any of the Council desires to release the contents of this letter to any of the news media, then, care should be made that all of the news media re- ceive it at the same time and that the full contents of this letter be delivered to such news media. Respectfully submitted. R. N. Russo City Attorney Councilman Bitter moved that. the communication be received and made a matter of record. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays—None. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Councilmen Bitter, Mol- denhauer, Pregler. Nays—Mayor Couchman, Coun- cilman Meyers. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council. man Moldenhauer. Carried by the following vote: Yeas — Councilmen Bitter, Mol- denhauer, Pregler. Nays—Mayor Couchman, Coun- cilman Meyers. ORDINANCE NO. 29-71 An Ordinance establishing a cur. few for minors and providing penalties for violations thereof. BE IT ENACTED by the Council of the City of Dubuque: SECTION 1. PURPOSE. The pur- pose of this Ordinance is to regu. late, by the establishment of a curfew, the hours minors can be or remain upon the alleys, streets, other public places, and places of business and amusement in this City. SECTION 2. DEFINITIONS. For purposes of this Ordinance the following words and phrases are defined: "Minor" means any person be- low the age of 17 years. "Habit- ually violates" refers to any mi- nor who has violated the pro. visions of this ordinance more than two (2) times. SECTION 3. TIME LIMITS. It is unlawful for any minor to be or remain upon any of the alleys, streets or public places of business and amusement in this City be- tween the hours of eleven o'clock P. M. on Sunday, Monday, Tuesday, Wednesday, and Thursday, and five o'clock A.M. of the following day, official City time. It is unlawful for any minor to be or remain upon any of the alleys, streets or public places or places of business and amusement in this City between the hours of twelve o'clock P.M. on Friday and Saturday, and five o'clock A. M. of the following day, official City time. SECTION 4. EXCEPTIONS. The restriction provided by section three (3) of this ordinance shall not apply to any minor who is ac- companied by a guardian, parent, or other person charged with the care and custody of such minor, nor shall the restriction apply to any minor who is traveling be- tween his home or place of resi- dence and the place where any approved church, municipal or school function is being held, or between his home or place of resi- dence and his legitimate place of employment. SECTION 5. RESPONSIBILITY OF ADULTS AND PLACES OF BUSINESS AND AMUSEMENT. It is unlawful for any parent, guardian or other person charged Regular Session, June 7, 1971 221 with the care of any minor to allow or permit such minor to be in or upon any of the streets, al- leys, places of business or amuse- ment or other public places with- in the curfew hours set by section three (3) of this Ordinance, except as provided in section four (4) of this Ordinance. It is unlawful for any person, firm, or corporation operating a place of business or amusement to allow or permit any minor to be in or upon any places of business or amusement operated by them within the curfew hours set by section three (3) of this Ordi- nance, except as provided in sec- tion four (4) of this Ordinance. SECTION 6. PENALTIES. Any person, firm or corporation who violates the provisions of section five (5) of this Ordinance shall, upon conviction, be subject to im- prisonment not exceeding thirty days, or a fine not exceeding one hundred dollars. Any peace officer of this City is hereby empowered to arrest any minor who violates any of the pro- visions of section three (3) and four (4) of this Ordinance. Upon being arrested, the minor shall be returned to the custody of the par- ent, guardian or other person charged with the care and custody of the minor. If a minor habitually violates the provisions of sections three (3) and four (4) of this Or- dinance, the chief of police shall notify the probation officer, or the County attorney if there is no pro- bation officer, of the violations and shall prepare a statement set- ting forth the violations and shall prepare a statement setting forth the violations to be filed with the clerk of the juvenile court upon the approval of the probation of- ficer or county attorney. SECTION 7. REPEALER. All Or- dinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: SECTION S. SAVING CLAUSE. If any section, provision, or part of this Ordinance shall be ad- judged to be invalid or unconsti- tutional, such adjudication shall not affect the validity of the Ordi- nance as a whole or any section, provision or part thereof not ad- judged invalid or unconstitutional. SECTION 9. WHEN EFFECTIVE. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed by the Council the .......... day of 19...., and ap- proved this .......... day of ............... 19......... Councilman Pregler moved final adoption of the Ordinance. Vote on roll call: Yeas—Councilmen Pregler. Mol. denhauer. Nays—Mayor Couchman, Coun- cilmen Bitter, Meyers, MOTION FAILED. Petition of Takos Realty Co. re- questing permission to plant trees around the building at W. 3rd and Locust Street, presented and read. Councilman Pregler moved that the petition be approved contin- eent upon approval of the Park Board and Engineering Depart- ment. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of Amvets Auxiliary Dubuque Post #3 requesting per- mission to sell white clovers on August 13th and 14th, presented and read. Mayor Couchman moved approval of the petition with re- ferral to the Manager for imple. mentation. Seconded by Council- man Bitter. Carried by the follow. ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. Petition of Karl V. Williams re- questing that Karl's Auto Care Center located at 405 E. 21st St. located on Lot 2 of 1 of Kniest Street sub. be rezoned from Local Business "A" to Local 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 Councilman Meyers. Carried by the following vote: Year — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. 222 Regular Session, June 7, 1971 Petition of Robert Day et e1 re- questing permission to paint ad- dresses on curbs in front of resi. dences, presented and read. Coun- cilman Moldenhauer moved that the petition be referred to the Manager. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of Optimist Club of Du- buque requesting permission to sell garbage bags in Downtown Plaza on Saturday July 17th, pre- sented and read. Mayor Couch- man moved approval of the peti- tion and same be referred to the Manager for implementation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Ron Blakeman re- questing a refund of $100 on the unexpired portion of Class B beer permit No. 103, as he has discon- tinued business on 419-71, present- ed and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on resolution of neces- sity upon proposed plans, specifi. cations, form of contract and cost for the construction of Crissy Drive Storm Sewer from Kauf- mann Ave. 575 feet north, 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 Ma- yor Couchman. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION NO. 129.71 WI-TF.REAS, proposed plans, specifications, form of contract have been duly prepared and ap- proved 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. An es4imate of the cost of the proposed improvement for the Crissy Drive Storm Sewer—from Kaufmann Ave., 575 feet north - 1971. 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 hereinmentioned improvement, 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 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 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 paid from the 1970 Storm Sewer Bond Issue. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 10th day of May, 1971. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed by the City Council this 7th day of June 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded Regular Session, June 7, 1971 223 by Councilmen Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Ordering Construction) RESOLUTION NO. 143-71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to a Resolu- tion of Necessity No. 129-71 which was duly passed by this Council for the improvement of Crissy Drive Storm Sewer — from Kauf- mann Ave.. 575 feet north -1.971. Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own- ers. 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 the 1970 Storm Sewer Bond Issue. BE IT FURTHER RESOLVED that this resolutin being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption by tiie City Council. Passed, adopted and approved this 7th day of .Tune, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Contractors to consider proposal of bids for construction of the Crissy Drive Storm Sewer from Kaufmann Ave. north 575 feet presented and read. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Bitter. married by the following vote: Yeas — Mayor Couchman, Coun- ilmen Bitter, Meyers, Moidenhau. er, Pregler. Nays—None. June 3, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 A.M., Thursday, June 3, 1971 for Crissy Drive Storm Sewer. The lowest bid was entered by Flynn Co. Inc., of Dubuque, Iowa. Their bid was 9.5617o below the Engineer's estimate. I recommend that the contract for the improvement be awarded to the Flynn Co. Inc. Respectfully submitted, Gilbert D. Cbavenelle City Manager Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers. Molden- hauer, Pregler. Nays—None. (Awarding Contract) RESOLUTION NO. 144.71 WHEREAS, sealed proposals have been submitted by contrac- tors for the construction of Crissy Drive Storm sewer from Kaufmann Av. 575' north pursuant to Resolu- tion No. 130.71 and notice to bid tiers published in a newspaper 1971 and and May 13, 971and May20 971; WHEREAS, said sealed propos- als were opened and read on June 31 1971, and it has been deter- mined that the bid of Flynn Com- pany Inc. of Dubuque, Iowa in the amount of $17,120.00 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 RESOLVEDby the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Flynn Company Inc. and the Manager be and he is hereby di- rected to execute a contract on be- 224 Regular Session, June 7, 1971 half 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. Passed and adopted this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing on resolution of ne- cessity and hearing upon proposed plans, specs. form of cortract and cost of constructing a 15" storm sewer in Sixth Street and alley be- tween Main and Iowa Street, 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. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION NO. 132-71 WHEREAS, proposed plans, spe- cifications, form of contract 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 show- ing among other things the fol- lowing: 1. An estimate of the cost of the proposd improvement for the 15" Storm Sewer in Sixth Street and Alley between Main and Iowa Streets -1971. 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 hereinmentioned 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 cost of 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 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 paid from the Park- ing Ramp Construction Fund. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 10th day of May, 1971. Approved and placed on file for final action. Record of Finai Adoption The foregoing resolution was finally passed and adopted, as proposed by the City Council this 7th day of June 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Ordering Construction) RESOLUTION NO. 145-71 BE IT RESOLVED by the City Council of the City of Dubuque, Regular Session, June 7, 1971 225 Iowa that pursuant to a Resolution of Necessity No. 132.71 which was duly passed by this Council for the improvement of 15" Storm Sewer in Sixth Street and Alley be- tween Main and Iowa Streets - 1971. Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own- ers. 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 the Parking Ramp Construction Fund. 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 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk June 3, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 A.M., Thursday, June 3, 1971 for the Storm Sewer on Sixth Street and Alley Between Main and Iowa Streets. The lowest bid was entered by M. F. Goerdt Construction Co., of Dubuque, Iowa. Their bid was 8.98`70 below Engineer's estimate. I recommend that the contract for the improvement be awarded to the M. F. Goerdt Construction Co. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice to contractors of receipt of proposal for the construction of a storm sewer on Sixth Street and alley between Main and Iowa Street, presented and read. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Bitter moved ap proval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. (Awarding Contract) RESOLUTION NO. 146.71 WHEREAS, sealed proposals have been submitted by contrac- tors for the Storm Sewer on Sixth Street and Alley between Main and Iowa Street pursuant to Reso. lution No. 133-71 and notice to bidders published in a newspaper published in said City on May 13, 1971 and May 20, 1971; and WHEREAS, said sealed propos- als were opened and read on June 3, 1971, and it has been deter mined that the bid of M. F. Goerdt Construction Co. of Dubuque, Iowa in the amount of $11,633.70 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, 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 Co. and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete perform- ance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- 226 Regular Session, June 7, 1971 tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed adopted this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider a pro- posal to dispose of City interest in and to Lot 1 of Block 4 of Church- ill Heights to William A. and Sarah C. Knapp, and David E. and Marjorie R. Vatt, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hear- ing. Councilman Bitter moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, C:oun• cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 147-71 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph -Herald, a newspa- per of general circulation pub- lished in the City of Dubuque, Iowa, on May 7, 1971 and May 14, 1971, City Council of Dubuque, Iowa, met on the 7th day of June, 1971 at 7:30 o'clock P.M. (Central Daylight Saving Time) in the City Council Chamber, City Hall, Du- buque, Iowa, to consider the pro- posal to dispose of interest of the City of Dubuque Lot 1 of Block 4 of "Churchill Heights" in the City of Dubuque, Iowa to William A. Knapp and Sarah C. Knapp, husband and wife, and David E. Vatt and Marjorie R. Vatt, hus- band and wife; and WHEREAS, City Council of Du. buque, Iowa, overruled any and all objections oral or written, to the proposal to dispose of inter. est of City of Dubuque, Iowa, in the above described real estate to William A. Knapp and Sarah C. Knapp, husband and wife, and Da- vid E. Vatt and Marjorie R. Vatt, husband and wife; 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 William A. Knapp and Sarah C. Knapp, husband and wife, and David E. Vatt and Mar- jorie R. Vatt, husband and wife, covering the following described real estate, to -wit: Lot 1 of Block 4 of "Churchill Heights" in the City of Du- buque, Iowa upon payment of costs of publica- tion and recording fees and that no abstract of title be furnished, be and the same is hereby ap- proved. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver deed of conveyance to William A. Knapp and Sarah C. Knapp, husband and wife, and David E. Vatt and Mar- jorie R. Vatt, husband and wife, upon receipt of publication costs and recording fees. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution in the of. fice of the Dubuque County Re- corder. Passed, approved and adopted this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Regular Session, June 7, 1.971 227 Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of time and place of hearing to dis- pose of interest in an alley lying immediately north of Dodge Street between Alpine and Hill Streets, twenty feet in width and approxi- mately two hundred sixty feet in length, bordering the north boun- dary of Del Farm property at an agreed purchase price of $1500 to S & A Realty Co., presented and read. Mr. Michael Remakel and Mrs. Estelle MOOtz, property owners abutting the alley, were still not clear on how the proposed buyers of the alley were to prevent ero- sion of their property. It has been proposed by experts in the field that proper landscaping and sod- ding will take care of the problem. However if this does not solve the problem they wanted assurance that something would be done to correct the situation even after the S & A Realty got title to the land. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Councilman Pregler moved to overrule all objections and direct- ed the City attorney to prepare necessary contract forms of agree- ment. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 148.71 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 undertak- ing of the Downtown Urban Re- newal 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 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—Molo Oil Company, deed dated May 12, 1971, record- ed in Book 205, page 475; Prop- erty description—City Lot 96 and the North 13 feet of Lot 95 in the City of Dubuque, Iowa (Parcel 15-2). SECTION 2. That the recording of the respective deeds of convey- ance of title in the office of the Recorder in and for Dubuque Countv, Iowa, is 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 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F, Frommelt City Clerk Councilman Meyers moved adop. tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 149.71 Approval of preliminary plans, specifications, form of contract, and all other documents for the construction of 1971 Maintenance Patching Program No. 1, at an es- 228 Regular Session, June 7, 1971 timated cost of $24,341.48, pre- sented and read. Councilman Preg- ler moved adoption of the resolu- tion. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION NO. 150-71 WHEREAS, proposed plans, spe- cifications, form of contract 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 show- ing among other things the fol- lowing: 1. An estimate of the cost of the proposed improvement for the 1971 Maintenance Patching Pro- gram No. 1. 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 hereinmentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the cost of improve- ment, 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- fore by the City Engineer which have been approved by the Citi• Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Road Use Tax Fund. The above resolution was intro- duced, approved, and ordered placed on file with the City Cleric this 7th day of June, 1971, Approved and placed on file for final action. Approved: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved ap. proval of resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. (Fixing Date of Hearing) RESOLUTION NO. 151-71 WHER5AS, 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 1971 Maintenance Patching Pro. gram No. 1. BE IT THEREFORE RESOLVED that on the 28th day of June, 1971, 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 pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in sone newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. Passed, adopted and approved this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Regular Session, June 7, 1971 229 June 4, 1971 To the Honorable Mayor and City Council We are herewith submitting for your consideration a resolution au- thorizing the filing of application with the Iowa Crime Commission for grants under the Omnibus Crime Control and Safe Streets Act of 1968 as amended. This is a new procedure re- quired by the Iowa Crime Commis- sion to assure the availability of local matching funds by assuring that effected taxing bodies are aware of the allocation of local funds necessary for their partici- pation in the program. It is in re- sponse to some problems the state commission has experienced around the state resulting from local matching funCs not being available after a project was ap- proved. We propose to submit the fol- lowing three grant applications through the Dubuque County Crime Commission, 1. Federal Assistance for Up- grading Police Office Salary—Con- tinuation—Match Ratio 50/50, To. tal $50.000, Federal Grant $25,000, City Share $25,000. 2. Police Training Program — Continuation—Match Ratio 75/25. Total $20,000, Federal Grant $15,000, City Share $5,000. 3. Youth Services Coordinator— New—Match Ratio 75/25, Total $10,000, Federal Grant $7,500, City Share $2,500. TOTAL—$80.000 (Federal Grant $47.500, City Share $32,500). The first two projects represent requests for a second year of fund- ing of two 1971 projects currently in operation. The Youth Service Coordinator would be a new pro• jest for 1972. The Youth Service Coordinator project is directed at reducing youth alienation towards the city government and reducing the po- larization of the community over youth problems and issues. We propose to do this by establishing a full-time Youth Services Coordi. nator in the office of the city man- ager. This position will provide a focal point for evaluating and co- ordinating existing youth programs and developing new programs. In addition, the Youth Services Co. ordinator will be responsible for: 1. Developing an increased com- munity awareness of the attitudes, needs, problems and pressures of our young people. 2. Responding to youth inquiries for information about youth pro- grams and the city government. 3. Working with community ,youth groups to assure the most effective and efficient use of com- munity resources. 4. Being knowledgeable about what the young people are doing, saving and thinking. 5. Coordinating the city's sum- mer youth employment efforts. 6. Researching and seeking out additional financial and technical support which might be available from the state and local govern- ments and the private sector. 7. Assisting in the establishment of city government goals and ob- jectives for youth programs. The aim of the project is to re- duce youth alienation and com- munity polarization and in the pro- cess reduce youth unrest and law- lessness. We view this project as an opportunity to take a compre- hensive look at youth problems and needs. If you have any questions on the resolution or on the proposed pro- jests, please contact Ken Gearhart. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays — None. RESOLUTION No. 152.71 Resolution authorizing the fil- ing of applications with the Iowa Crime Commission for grants under the Omnibus Crime Control and S-fe Streets Act of 1968 as amended. WHEREAS, the City Council in Resolution No. 44-70 dated March 2, 1970 authorizing the City of Du- buque to participate in the plan- ning and programming of the Iowa Crime Commission through the Du- buque Metropolitan Area Commis- sion on Crime and Delinquency; and Regular Session, June 7, 1971 WHEREAS, federal law enforce- ment assistance grants have been received from the Iowa Crime Commission: and WHEREAS, federal law enforce- ment assistance grants are avail- able for calendar year 1972; and WHEREAS, the Iowa Crime Com- mission is requiring for the first time the passage of a resolution to assure the availability of local matching funds, by assuring that local taxing bodies are aware of the allocation of local funds neces- sary for their participation in the program; and WHEREAS, the deadline for submitting such resolution to the Iowa Crime Commission is June 10, 1971. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL, CITY OF DUBUQUE, IOWA: 1. That the City Manager be and is hereby authorized to execute and file applications on behalf of the City of Dubuque, Iowa with the Iowa Crime Commission for grant under the Omnibus Crime Control and Safe Streets Act of 1968 as amended. 2. That the City Manager be and is hereby authorized and directed to furnish such information as the Iowa Crime Commission may reas- onably request in connection with the grant applications which are herein authorized to be filed and sign all necessary documents. Passed, approved and adopted this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays — None. RESOLUTION No. 153-71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Thomas Andresen, 1080 University Avenue Canfield Hotel, Inc., 36 West 4th Street Dubuque Golf & Country Club, 1800 Randall Place Eagle Store #109, 200 S. Locust St. Eagle Store #130, 1800 Elm Street Eagle Store #144, 3033 Asbury St. May's Drug #204, 3049 Asbury St. Laverne Felderman, 1889 Jackson Street Great Atlantic & Pacific Tea Co., 1101 Central Avenue Hartig Drug Company, 7tb & Main Town Clock Plaza Hartig Drug Company, 1st and Locust Streets Ilartig Drug Company, 2255 John F. Kennedy Road Hartig Drug Company, 2205 Central Avenue George R. Hunt, 229 8th Avenue Karigan's Restaurant, 401-405 Central Avenue Donald M. Love, 600 Central Ave. William J. Lynn, 424 West Locust Street McDonald, A. Y. Mfg. Co., 12th & Pine Street Vincent W. Mescher, 1233 Rhomberg Avenue Lois M. Morarend, 700 East 16th Street Richard O'Hara, 70 Locust Street Rainbo Oil Company, 1075 Dodge Street Mrs. A. J. (Marita) Trapp, 1266 Central Avenue Allen E. Tressel, 2528 Central Ave. Warehouse Market, John F. Kennedy Road Ralph J. Cremer, 731 Rhomberg Avenue Theodore J. Ferring, 385 East 13th Street Dorothy R. Hentges, 2412 Central Avenue Carl Hirsch, 532 East 22nd Street John J. Heiderscheit, 1278 Central Avenue Phillip R. Love, 1701 Central Ave. Palmer Drug, 2600 Dodge Plaza 20 Raymond Tschiggfrie, 1190 Dodge Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Regular Session, June 7, 1971 231 Passed, adopted and approved this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 154-71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following named ap- plications be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Nelson M. Norwood, Sr., Bunker Hill Golf Course Phillip R. Love, 1701 Central Ave. CLASS "C" BEER PERMIT Lil Giant Food Store, 2644 Pennsylvania Avenue Passed, adopted and approved this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden hauer, Pregler. Nays — None. RESOLUTION No. 155.71 WHEREAS, applications for Beer 'ermits were filed by the within lamed applicants and they have -eceived the approval of this Coun- ,il, and WHEREAS, the premises to be )ccupied by such applicants were nspected 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 [nelson M. Norwood, Sr., Bunker Hill :golf Course Phillip R. Love, 1701 Central Ave. CLASS "C" BEER PERMIT Lil' Giant Food Store, 2644 Pennsylvania Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here• by approved. Passed, adopted and approved this 7th day of ,Tune, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 156.71 WHEREAS, applications for Liq. uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT — CHAPTER 123 — as am- ended by the 60th General Assem- bly, 1963. 232 Regular Session, June 7, 1971 CLASS "C" COMMERCIAL ESTABLISHMENT Phillip R. Love, 1701 Central Ave. Bridge Restaurant & Lounge, Inc., 31-35 Locust Street Donald M. Love, 600 Central Ave. Passed, adopted and approved this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden• hauer, Pregler. Nays — None. RESOLUTION No. 157-71 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval ofthis 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 Phillip R. Love, 1701 Central Ave. Bridge Restaurant & Lounge, Inc., 31-35 Locust Street Donald M. Love, 600 Central Ave. Passed, adopted and approved this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne. A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Pregler moved that the matter of legality of Triple X book stores in Iowa be referred to the City Manager and City Soli- citor. Seconded by Mayor Couch- man. Carried by the following vote: Yeas Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Mr. Paul Oberman, R.R. #3, Key West addressed the Council offer- ing his assistance in clearing up pollution in Maus Lake. He was directed to consult with the City Manager. There being no further business Councilman Bitter moved to ad- journ. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Leo F. Frommelt City Clerk ApprovedS Ok. fe b e r 2 7.1971 >ep ember 27 1971 .....: ............................................. City Clerk Special Session, June 14, 197 233 CITY COUNCIL OFFICIAL Special Session, June 14, 1971. Council met at 4:30 P.M. (D.S.T.) Present — Councilmen Meyers, Moldenhauer, Pregler. Absent — Mayor Couchman (out of city), Councilman Bitter. City Manager Gilbert D. Chavenelle. Councilman Pregler moved that Councilman Moldenhauer serve in the capacity of Presiding Officer Pro Tem of this meeting in the ab- sence of Mayor Couchman. Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Councilmen Meyers, Mol- denhauer, Pregler. Nays—None. Absent — Mayor Couchman, Councilman Bitter. Presiding Officer Pro Tem Mol- denhauer read the call and stated that service thereof had been duly made and this meeting is called for the purpose of ADOPTING RESOLUTIONS OF APPROVAI. OF VARIOUS BUSINESS LI- CENSES and acting upon such oth- er business as may properly come before a regular meeting of the Council. RESOLUTION NO. 158.71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Marshall R. Birch, 62 Locust Street William H. Baker, 1064 University Avenue Earl G. Corbett, 408 West Locust Street Ursula Drake, 1097 Jackson Street Mary Kathryn Ford, 1027 Rhom- berg Avenue Patrick Fenelon, 3166 Jackson Street Cyril N. Meitl, 1555 Central Ave- nue Kermit Meyers, 336 Main Street Raymond Ney, 2186 Central Ave- nue Joseph E. Reisdorf, 601 Rhomberg Avenue Riverside Bowl, Inc., 1860 Haw- thorne Doris J. Tigges, 2776 Jackson Street Walsh Stores, 1301 Central Ave- nue Beatrice Winkler, 1400 Central Avenue Super 20 Drive In Theatre, 75 J. F. Kennedy Road Barkalow Bros. Company News- stand, 200 Main Street David N. Bauer, 351 Dodge Street Edward Bailey, 1298 Main Street Joseph E. Bell, 263 Main Street Dubuque Packing Company Retail Store, 16th & Sycamore Carl Frederick, 1281 Dodge Street Donna M. Ginter, 342 Main Street Thomas C. Henry, 910 Dodge Street Anthony A. Helling, 701 Dodge Street Holiday Inn Motel, 1111 Dodge Street .Tames Kachevas, 665 Dodge Street Miracle Car Wash, Inc., 255 Locust Street Nelson Norwood, Sr., Bunker Hill Golf Course Denise O'Neill, 55 Locust Street Donald Plumley, 501 Locust Street Arthur Pins, 2699 J. F. Kennedy Road Robert Potter, 285 Locust Street R. S. Ruegnitz, 629 Rhomberg Ave- nue John S. Siefker, 1081 University Avenue Mathias A. Schneller, 2372 Central Avenue Joe Sutter, 32nd & Jackson Street Eugene Sauer, 20th & Jackson Street John Steffen, 690 West Locust Street Trausch Bakery, 25 S. Main Street Mrs, Colleen Wallace, 241 Main Street Wareco Systems of Iowa, 700 Rhomberg Avenue Welsh Enterprises, Inc., 620 S. Grandview Avenue Carl N. Brant, 2600 Central Ave- nue John J. Glynn, 431 Rhomberg Ave. nue Francis J. & John F. George, 1481 Dodge Street Thompson's Food Markets, Inc., 805 West 5th Street Thompson's Food Markets, Inc., 2119 Rhomberg Avenue Thompson's Food Markets, Inc., 3003 Asbury Street Thompson's Food Markets, Inc., 3301 Pennsylvania Avenue 234 Special Session, June 1.4, 1971 Thompson's Food Markets, Inc., 51 West 32nd Street Thompson's Food Markets, Inc.. 250 West 1st Street J. C. Andresen, Kennedy Mall J. C. Andresen, Kennedy Mall (Ef- fective June 14 to June 30, 1971) Ramona Fettgather, 1103 Iowa Street BE IT FURTA'ER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 14th day of June, 1971. Wayne A. Moldenhauer Presiding Officer Pro Tem Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas Presiding Officer Pro Tern Moldenhauer, Councilmen Meyers, Pregler. Nays—None. Absent—Mayor Couchman, Coun- cilman Bitter. RESOLUTION NO. 159-71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "8" SEER PERMIT Frank & Phyllis Licciardi, 504 Bluff Street Mrs. Colleen M. Wallace, 241 Main Street Passed, adopted and approved this 14th day of June, 1971. Wayne A. Moldenhauer Presiding Officer Pro Tem Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Councilmen Meyers, Pregler. Nays—None. Absent—Mayor Couchman, Coun- cilman Bitter. RESOLUTION NO. 160.71 WHEREAS. applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE 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 following named applicants a Beer Permit. CLASS "B" BEER PERMIT Frank & Phyllis Licciardi, 504 Bluff Street Mrs. Colleen M. Wallace, 241 Main Street BE IT FURTITER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 14th day of June, 1971. Wayne A. Moldenhauer Presiding Officer Pro Tem Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Presiding Officer Pro Tem Moldenhauer. Councilmen Meyers, Pregler. Nays—None. Absent—Mayor Couchman, Coun- cilman Bitter. RESOLUTION NO. 161.71 WHEREAS, applications for Liq- uor permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE, SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be Special Session, June 14, 197 granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL. ACT—CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT ;John Hall, 2616 Windsor Avenue Cyril Meitl, 1555 Central Avenue Joseph Edward Reisdorf, 601 R,homberg Avenue Carl N. Brant, 2600 Central Ave- nue Passed, adopted and approved this 14th day of .Tune, 1971. Wayne A. Moldenhauer Presiding officer Pro Tem `Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by I Councilman Meyers. Carried by j the following vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Councilmen Meyers, Pregler. Nays—None. Absent — Mayor Couchman, Councilman Bitter. RESOLUTION NO. 162.71 WHEREAS, applications for Liq- iuor permits were filed by the with- in named applicants and they have received the approval of this Coun- cil, .and WHEREAS, the premises to be 'occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds. NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants •a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT John Hall, 2616 Windsor Avenue Cyril Mcitl, 1555 Central Avenue Joseph Edward Reisdurf, 601 Rhomberg Avenue Carl N. Brant, 2600 Central Ave- nue Passed, adopted and approved this 14th day of June, 1971. Wayne A. Moldenhauer ' Presiding Officer Pro Te Walter A. Pregler Donald R. Meyers Councilmen 0 Attest: Leo F. Frommelt -CAF Clerk Councilman Pregler moved adop• tion of the resolution. Seconded by {Councilman Meyers. Carried by the following vote: Yeas—Presiding Officer Pro Tem ]Vlnldenhaner, Councilmen Meyers, Pregler- Nays—None. Absent—Mayor Couchman, Coun- cilman Bitter. Petition of Dubuque Park Board requesting permission to conduct a fireworks display on July 4, 1971 on the Industrial Park. presented and read. Councilman Pregler moved that the petition be granted contingent upon approval of the City Manager and Fire Chief Dun- phy. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Councilmen Meyers, Pregler. Nays—None. Absent—Mayor Couchman, Coun- cilman Bitter. There being no further .business Councilman Meyers mored to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Councilmen Meyers, Pregler. i Nays—None. Absent — Mayor Couchman, Councilman Bitter. Leo F. Frommelt City Clerk Approved S. Q P t.Q.M p r....2 71971 Adopt c'eptember 271971 .. . d.................. i ... /L -Coup er, e ................... City Clerk 236 Special Session, June 28, 1971 CITY COUNCIL OFFICIAL Special Session, June 28, 1971. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Couchman, Coun• cilmen Bitter, Meyers, Moldenhau- er, Pregler. City Manager Gilbert D. Chaveneile Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of acting upon RESOLUTIONS OF PRELIMINARY ESTIMATES AND SETTING DATE OF PUBLIC HEARING ON THE 1971 STREET IMPROVEMENT PROGRAMS and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Iowa State Department of Health issuing per- mit No. 71-146-S for sewer installa. tion and notice 71-51-W approval of proposed water main extension for Valentine Drive, Thomas Farm Addn., presented and read. Coun- cilman Meyers moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Low Rent Housing Commission submitting minutes of their meeting held on June 15, 1971, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Wayne Mold- enhauer, Councilman, suggesting the start of preliminary meetings to discuss better utilization of space in the City Hall, presented and read. Councilman Bitter mov- ed that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. Printed Council proceedings for the month of April 1971, presented for approval. Councilman Pregler moved that the Council proceed- ings for the month of April 1971 be approved as printed. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Covn- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Communication of Mettel Realty & Investment Co. indicating dis- satisfaction, realizing that their property at 14th & White is now strictly in a bind because of re- zoning which is grossly unfair, plus the constant notification of keeping the weeds under control, presented and read. Councilman Pregler moved that the communi. cation be received and filed. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of League of Iowa Municipalities suggesting that in setting up the 1972 budget an allocation of I % f per capita be provided to secure more effort and resources for cities and towns, presented and read. Mayor Couch- man moved that the communica- tion be received and filed. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. June 18, 1971 To the Honorable Mayor and City Council Enclosed is a request for street lighting on Indian Ridge. The area has been investigated by the electrical inspector and it is recommended that a 4000 lumen incandescent fixture be placed on an existing pole located between 945 and 955 Indian Ridge. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Sec- Special Session, June 28, 1971 237 onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. June 15, 1971 To the Honorable Mayor and City Council I herewith submit the reports of the City Auditor and City Treasur- er, as well as a claims list for the month of May, 1971. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the reports be received and filed. Seconded by Councilman Meyers. Carried by the following vote- Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and disbursements and list of claims for May 1971, pre- sented and read. Councilman Bit- ter moved that the proof of publi- cation be received and filed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. June 24, 1971 To the Honorable Mayor and City Council Under Chapter 19, Section 7 of the Code of Iowa, 1971 the State Executive Council may make an interest free loan to the city for seventy-five percent of the emer- gency expense incurred because of the flooding of the Mississippi Riv- er in April. This loan will be re- paid by a levy against the taxable value of property. I request that the mayor be giv- en authority to make application to the State for an interest free loan in the amount of $35,365.00. The items of expenditure are listed on the attached table. A summary of this expense is on page three of the table and the total amount is $47,154.58. Seven ty-five percent of the total is $35,365,00 which is the amount of the requested loan. In addition to city costs, the U.S. Corps of Engineers paid for like construction, pump installa- tion and material according to the following estimate. Construction Flood Dike $10,840.00 Pump Installation and Standby 16,482.00 Materials (sandbags, poly- ethylene) 913.30 Personnel and administra- tive costs 6,764.70 $35,000.00 The estimated total government- al cost of the 1971 emergency flood protection work in Dubuque is $92,154.58. Respectfully, Gilbert D. Chavenelle City Manager City Manager Chavenelle amended the figure of $35,000 to $37,('00 and the $92,154.58 figure to $84,- 806.58. Councilman Pregler moved approval and that the mayor be given authority to apply for the loan. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas—Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. June 23, 1971 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 Robert L. Berger, Midwestern Cas. ualty & Surety Co. Fischer Investment Co., Hawkeye- Security Insurance Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of filing of the bonds sub- ject to approval of the City At- torney. Seconded by Councilman Bitter, Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. June 24, 1971 Honorable Mayor and Members of City Council The Department of Urban Re- newal has received a request from the Dubuque Detachment Marine Corps League to conduct a sale of American Flags from the new 38 Special session. June 28. 1971 Eigtnth Street Pavilion in Town Cgock 'plaza on .July S. 1971. A copy of their letter is attached. 7%e purpose of this new facility is for use by public and private non-profit agencies and organiza- tions for pbilanthropic purposes and for other activities and pro. grams which are ion -Profit in na- ture .and which are not in conflict with local policies. This is the initial request for the .use Of this pavilion, and we. request your concurrence in grant- ing permussion for this use. Respectfully yours, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the request. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—NmW. .June 25, 1971 To the 'Honorable Mayor and city Council I return to you the petition of Mr. Alfred Hughes on behalf of Mr. John Heiderscheit for permis- sion to correct the city :sewer and water service at the location of lots owned by Mr. Heiderscheit out- side the -city .limits. I recommend that the petition be denied. I am also enclosing letters from Mr. White and Mr. Hail in which they make the same recommenda- tion. It is the Policy of the city that no service connections be permit- ted unless the property to be con- nected is first .annexed to the city. Some properties surrounding Mr. Heiderscheit's lots are connected to city service, which were excep- tions made by past city councils to the established policy. However, no such similar connection has been permitted in the past decade. If the 'City Council were to grant The requested connection, such per- mission would disrupt current ar rangements in other location about the city. Consequently, suet permission should only be grantee if the City Council is prepared ane willing to grant numerous ane diverseother similiar requests. Respectfully, Gilbert D. Chavenelli City Manager Councilman Pregler moved that he communication be referred to :he City Solicitor for investigation ind report.. Seconded by Council- nan Bitter. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- ^ilmen Bitter, Meyers, Moldenhau- rr, Pregler. Nays—None. Councilman Pregler moved that the rules be suspended in order to let anyone preserrt address the Council if they so desire. Second. ed by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Attorney Alfred Hughes, repre- Renting Mr. Heiderscheit, stated that his client is not against an- nexation. Discretion is not up to the Council and in each instance conditions must be established ac- cording to Ordinance 5-59, it is a question of tapping, not a ques- tion of sewer and water. Attorney Hughes read from Ordinance No. 5-59 stating that "upon the filing and approval of a proper applica- tion and the payment of the in. stallation charge, the City Water Department shall make the taps for connections to the water mains but all necessary excavation shall be furnished and paid for by the applicant." June 21, 1971 Honorable Mayor and City Council Members The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Multiple Residence to Local Business "A", property described as Lot 2 of Lot 3 of City Lot 674 in the City of Dubuque, Iowa. It was the opinion of the Com- mission that commercial zoning for this area would be contrary to the General Development Plan for the City of Dubuque. It was the recommendation of the Commission that the request for rezoning not be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved that the communication be referred Special Session. June 28, 1971 239 beck to the Planning & Zoning Commission for reconsideration in the light, of submission of two more rezoning requests in the im- mediate area. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Mrs. Estelle Miller requesting rezoning to Local Busi- ness "A" the W. 65' of Lot 1 of 1 of City Lot 674 and E. 11'5" of Lot 1 of 1 of City Lot 674 (196 W. 17th Street), presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Mrs. Joe Baule re- qpesting rezoning to Local Busi- ness "A" of Lot 1 of 2 of City Lot 674 (175 W. 17th, St.) presented and read. Councilman Pregler mov- ed that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. June 24, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify the following described property from Single Family Residence to Multi- ple Residence classification: That part of Hardt Place, de- scribed by a line commencing at a point at the intersection of the south line of Hardt Place and the east right-of-way line of Wildwood Drive, thence easterly along the south line of Hardt Place a distance of three hun- dred and seventy-five feet (375'), thence north to the south right- of-way line of West Thirty -Se- cond Street, thence southwester- ly along the south right-of-way line of West Thirty -Second Street to the east right-of-way line of West. Thirty -Second Street to the east. right-of-way line of Wild- wood Drive, thence to the along the east right-of-way line of Wildwood Drive to the point of beginning, all in the City of Dubuque. This property is located South of 32nd Street and East of Wild - wood Drive. This would be an extension of an existing Multiple Residence Distriet along Wildwood Drive and is consistent with the plan. ning for this area. It is the recommendation of the Commission that the request for rezoning be approved. City Planning and Zoning Com- mission Don Gilson City Planner Mayor Couchman moved that the recommendation be referred for proper proceedings. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. June 15, 1971 Ilon. Mayor and City Council On September 9, 1969, Notice of Hearing on Twenty -Third In- termediate Report of Trustee in the Matter of the Trust Under Item Twenty -One of the Will of Charles McLean, Deceased, Pro- bate No. 12691 in the District Court of Iowa In and For Dubuc que County, wherein, among oth- er things, the Trustee sets out 'the pertinent provisions of the decedent's Will as reiates to the Carnegie -Stout Public Library, of Dubuque, Iowa which is a recipi- ent of five (5%) percent of the remainder of the trust created by the decedent, Charles McLean, af- ter the death of his wife. That Florence McLean, the de- cedent's surviving spouse, and beneficiary under Item Twenty- one of the decedent's Will, died on May I1, 1969 thereby terminat- ing the Trust. Thereafter, controversy arose relating to the said Will as per- tained to the holdings of the de- cedent as related to Dubuque Bank & Trust Company shares of stock 240 Special Session, June 28, 1.971, of original holding of forty shares and thereafter were increased by two hundred percent stock divi- dend, increasing the shares to 1.20 shares and then increasing the same, thereafter, by dividend to 240 shares; and all in all, by vir- tue of said dividends the number of shares were increased to 2400. shares. And a question arose as to which portion the dividends paid in stock constituted principal which would go into the remainder of the trust estate and to what ex- tent they constituted a distribution of income, in which event, said income would go into the estate of Florence McLean, deceased. At any rate, after numerous con- ferences, consultations and court hearings, the matter has been fi- nally adjudicated by agreement of all the parties hereto, and in which the City of Dubuque, through its City Attorney, has agreed so that the five percent dis- tribution represents a total amount payable under said Trust of Charles McLean, receased, in the amount of $8,053.50 less $250.00 retained in escrow to take care of income tax contingency liability. That it is expected that the sum of $8,053.50 less $250.00, or a net in the amount $7,803.50 will be payable in the very near future. It is expected that the contingency account of $250.00 will be remitted at some indeterminate time in the future. For your information, I am at- taching hereto the Twenty -Third Intermediate Report of Trustee, to- gether with Notice of Hearing which was originally referred to the City Attorney. I am also attaching hereto a Twenty -Fourth Intermediate Re. Port of Trustee with Notice of Trustee thereon. I am attaching thereto a Cash Distribution Sche- dule showing the method of cash distribution to the respective heirs. I am also enclosing a copy of the Receipt and Waiver executed by Mr. William G. Fullmer of the Carnegie -Stout Free Public Library. I believe this matter has been brought to a successful conclusion and the interests of the City of Dubuque appear to have been pro tected and therefore recommend that this matter be formally closed by the City Council and that the remittance of the funds will be handled administratively through the City Manager's office. Respectfully submitted, R.N. Russo City Attorney Councilman Pregler moved ap. proval of the recommendation. Se- conded by Councilman Molden. hauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. June 16, 1971 Hon. Mayor & City Council. On February 19, 1971, Marie Elizabeth Donath of 1550 Fairfax, this city, filed claim against the City of Dubuque, Iowa claiming damages in an undetermined amount and alleging said damages occurred on January 24, 1971 as the result of a broken water main causing water to flow down the street, across her yard, thereby breaking a basement window, flood- ing said basement and washing away topsoil, damaging the yard and washing out mortar in cement wall blocks allowing water to con- tinue coming into the basement. This matter was referred to the appropriate. City Agency who made an investigation thereof and report- ed by letter to this office of no liability and in view of the fore- going, it is the recommendation of the City Attorney that the claim of Marie Elizabeth Donath be de- nied. Original claim is returned here- with. Respectfully submitted, RX Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. June 16, 1971 Hon. Mayor & City Council On February 3, 1971, Louis C. Berry of 1030 Walnut Street, this city, filed claim against the City of Dubuque, Iowa, alleging damage to his auto in the amount of $323.00 Special Session, June 28, 1971 241 and further alleging that said da- mages occurred to the left front side and front of his motor ve- hicle on January 12, 1971 as the result of his auto being struck by a city owned rubbish truck as well as having been struck by another vehicle. This matter was referred to the appropriate City Agency and the City Attorney was advised by let- ter that said claim had been satis. fied in full. In view of the foregoing, I re- commend that the claim against the City of Dubuque be denied. Original claim is attached hereto. Respectfully submitted, R.N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Se- conded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. June 16, 1971 Hon. Mayor & City Council On January 13, 1971, William A. Tully of 1539 Garfield Avenue, this city, filed claim against the City of Dubuque, Iowa for damages suf- fered on January 3, 1971 as the re- sult of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation thereof and report- ed to the City Attorney by letter of no liability and in view of the foregoing it is the recommendation of the City Attorney that the claim of William A. Tully be denied. Original claim is attached here- to. Respectfully submitted, R.N. Russo City Attorney Councilman Bitter moved appro. val of the recommendation. Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. June 16, 1971 Hon. Mayor & City Council On September 17, 1970, Mrs Katherine Rogers of 616 E. 22nd Street, this city, filed claim in nc stated amount, claiming damagef to her auto on September 9, 1970 as the result of a tree limb being blown onto her car while parked at 616 Providence Street, in this city. This matter was referred to the appropriate City Agency who made an investigation thereof and report- ed by letter to this office of no liability and in view of the fore- going it is the recommendation of the City Attorney that the claim of Mrs. Katherine Rogers be de- nied. Orignal claim is attached hereto. Respectfully submitted, R.N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. June 15, 1971 Hon. Mayor & City Council On March 15, 1971, Kenneth R. Mott of 3522 Keymeer this city, filed claim against the City of Du- buque in the amount of $500.00 and alleging said damages were caused to the carpeting in the base- ment of his home on February 26, 1971 as the result of a sewer back- up. This matter was referred to the appropriate City Agency who made an investigation thereof and report- ed by letter to this office of no liability and in view of the fore- going, it is the recommendation of the City Attorney that the claim of Kenneth R. Mott be denied. Original claim is returned here- with. Respectfully submitted, R.N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. June 15, 1971 Hon. Mayor & City Council On March 22, 1971, Mr. John J. O'Malley, representing Gell Mutual Reinsurance Co., forwarded 242 Special Session, June 28, 1971 a letter to the City Clerk of the City of Dubuque, Iowa, claiming contribution from the City of Du- buque, Iowa as the result of a col- lision which occurred on February 6, 1971 between a vehicle operated by Glen Peter Stillmunkes, their in- sured, and a vehicle operated by Mr. Dayton Heacock and claiming that as a result of said accident Mrs. Veronica Tscharner sustained injury. I have reviewed this matter and I have reviewed the pertinent law. and it is my opinion that there is no liability on the part of the City of Dubuque to warrant contribu- tion on the injury claim of Mrs. Tscharner. We have forwarded copy of this letter to Mr. John J. O'Malley, Kemmerer Adjustment, Box 811, Dubuque, Iowa. Original of Mr. O'Malley's letter is returned herewith. Respectfully submitted, R.N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation, Second- ed by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. June 16, 1971 Hon. Mayor & City Council On January 8, 1971, Mildred A. Sear, filed claim against the City Of Dubuque alleging injuries on December 11, 1970 as the result of a fall at 395 Main Street in the City of Dubuque, Iowa, and that thereafter said claim was referred to this writer who made an inves- tigation of said claim and learned that the claimant suffered an in. jured left knee, incurring medical expenses, and, in addition, the loss of five weeks of wages totalling $340.65. 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 $415.55 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 $207.77. Therefore, it is the recommendation of the City Attorney that the City Auditor be instructed to draw warrant, in the amount of $207.77 payable to American States Insurance and transmit same to the City Attor. ney for delivery. Original claim is returned here. with. Respectfully submitted, R.N. Russo City Attorney Councilman Bitter moved appro. val of the recommendation. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays -- None. June 16, 1971 Hon. Mayor & City Council On June 5, 1970, notice of claim for damages was filed with the City on behalf of Marie Elizabeth Schueller, 27261/2 Jackson, by her attorney, and claiming therein that said claimant suffered a frac- tured knee cap, abrasions, bruises, and cuts to her leg when she fell into a manhole and catch basin as the result of stepping on an al- legedly improperly placed and in- stalled manhole cover between the curb and sidewalk at 657 Alta Vis- ta Street, this city, on May 31, 1970, 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 $805.00, and it is the recommen- dation 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 Marie E. Schueller and Clarence J. Schueller, wife and husband, in the amount. of $850.00 and transmit the same to the City Attorney for delivery upon receipt of duly executed releases. Original claim is returned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Car- Special Session. June 28, 1971 243 rigid by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays ---None. June 21, 1971 Hon. Mayor and City Council On May 3, 1971, George K. Arva- nitis, c/o Busy Bee Cafe at 1958 Central Avenue, this city, filed claim against the City of Dubuque for damages in the amount of $102.59 and alleging that said dam- ages occurred on April 11, 1971 as the result of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation thereof and reported by letter to this office on June 15, 1971, of no liability on the part of the City of Dubuque and in view of the foregoing, it is the recommendation of the City Attorney that the claim of George K. Arvanitis be. denied. Original claim is attached here- to. Yours very truly, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. June 17, 1971 Hon. Mayor and City Council On January 12, 1971, Harlan B. Grant of 335 W. 2nd Street, this city, filed claim against the City of Dubuque, lowa for damages al- legedly suffered on January 5, 1971 as the result of the city owned "snow -go" being driven up on his sidewalk during snow re moval. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported to this office of no liabil- ity and in view of the foregoing it is the recommendation of the City Attorney that the claim of Harlan B. Grant be denied. Original cliam is returned here. with. Respectfully submitted R. N. Russo City Attorney Councilman Bitter moved ap proval of the recommendation. Sec nded by Councilman Meyers. Car- ied by the following vote: Yeas — Mayor Couchman, Coun- :ilmen Bitter, Meyers, Molden- iauer, Pregler. Nays—None. June 17, 1971 tion. Mayor and City Council On December 21, 1970, Paul H. Demkier of 380 Stoltz Street, this city, filed claim against the City of Dubuque, Iowa, for damages in the amount of $200.00 allegedly suffered on December 17, 1970 as the result of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation thereof and reported by letter to this office of liability and in view of the fore- going, it is the recommendation of the City Attorney that the claim of Paul 11. Demkier be denied. Original claim is attached here- to. Respectfully, submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. June 17, 1971 Hou. Mayor and City Council On December 9, 1970, John J. McDonald of 3517 Key Corners. this city filed claim against the City of Dubuque, Iowa for damages allegedly suffered on November 21, 1970 in an unstated amount as the result of a sewer back up. This matter was referred to the made appropriate City Agency who an investigation thereof and re- ported by letter to this office of no liability and in view of the foregoing, it is the recommenda- tion of the City Attorney that the claim of John J. McDonald be de- nied. Original claim is returned here- with. submitted, Respectfully R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. 244 Special Session, June 28, 1971 Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. June 17, 1971 Hon. Mayor k City Council On November 2, 1970, David M. Schmitt of 1726 Sharon Drive, this city, filed claim against the City of Dubuque, Iowa, alleging dam- ages in the amount of $778.22 and that said damages occurred on Oc- tober 4, 1970 as the result of a sewer back up. This matter was referred to the appropriate City Agency and the City Attorney was advised by let- ter that said claim had been sat- isfied in full. In view of the foregoing, it is recommended by the City Attor- ney that the claim filed against the City of Dubuque be denied. Original claim is attached here- to. Yours very truly, R. N. Russo CIty Attorney Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. June 17, 1971 Hon. Mayor & City Council On December 9, 1970, Robert T. Baker of 3511 Key Corners, this city, filed claim against the City of Dubuque, Iowa for damages al- legedly suffered on November 21, 1970 in a claimed amount of $209.00 as the result of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation thereof and reported by letter to this office of no liability and in view of the foregoing, it is the recommenda- tion of the City Attorney that the claim of Robert T. Baker be de- nied. to. Original claim is attached here - Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap. proval of the recommendation. Sec. onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. June 17, 1971 Hon. Mayor 6c City Council On August 24, 1970, Mrs. Wm. R. Billington, Jr., of 492 Hayden Lane, this city, filed claim against the City of Dubuque, Iowa alleging damages to her auto in the esti- mated amount of $78.85 as the result of said vehicle being struck by branch of a dead elm tree in the driveway of Hayden Lane. This matter was referred to the appropriate City Agency and the City Attorney was advised by let- ter that said claim had been sat- isfied in full. Original Claim is attached here. to. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap. proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. June 17, 1971 Honorable Mayor and City Council On October 30, 1970, claim was filed against the City of Dubu- que, Iowa by Mr. and Mrs. Robert Palmer of 685 Kane Street, this city, claiming damages in an un- stated amount which allegedly oc- curred on October 25, 1970 as the result of a section of storm sewer tile, being used on a city project, being rolled down a hill adjacent to their property, and said section rolled through their fence, damaging same. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office of no liability and in view of the fore- going, it is the recommendation of the City Attorney that the claim of Mr. and Mrs. Robert Palmer be denied. Special Session, June 28, 1971 245 Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. June 17, 1971 Honorable Mayor and City Council On, January 14, 1971, Clarence F. Bradley of 50 Stetmore Street, this city, filed claim against the City of Dubuque, Iowa for damages allegedly suffered on December 11, 1970 as the result of a city snow plow plowing snow and ice half way unto his auto and damaging same in the claimed amount of $68.87. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office of no liability on the part of the City and in view of the foregoing, it is the recommendation of the City Attorney that the claim of Clarence F. Bradley be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun• cilmen Bitter, Meyers, Moldenhau• er, Pregler. Nays—None. June 17, 1971 Honorable Mayor and City Council On December 24, 1970, Mr. anc Mrs. Joseph McDermott of 2514 Washington Street, filed claim against the City of Dubuque, Iowa for damages in the amount 01 $24.72 allegedly suffered on Octo ber, 1970 and November 5, 1971 as the result of sewer backups. This matter was referred to thi appropriate City Agency wh( made an investigation thereof an( reported by letter to this office of no liability and in view of thi bregoing, it is the recommends - ion of the City Attorney that the Maim of Mr. and Mrs. Joseph Me- )ermott be denied. Original claim is returned here. with. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Sec- )nded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- :ilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. June 17, 1971 Honorable Mayor and City Council On September 25, 1970, Mrs. Minetta King of 553 E. 14th Street, this city, filed claim against the City of Dubuque, Iowa for damag- es amages in the amount of $150.00 al- legedly suffered on September 9, 1970 as the result of a tree being blown onto her motor vehicle as the result of a strong wind. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office of no liability and in view of the foregoing, it is the recommenda- tion of the City Attorney that the claim of Mrs. Minetta A. King be denied. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap. proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, COun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. June 17, 1971 Honorable Mayor and City Council On October 29, 1970, Michael A. Foran of 900 Lowell, this city, filed claim against the City of Dubuque, Iowa, in the amount of $35.69 for damages allegedly suf- fered on October 16, 1970 as the result of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation thereof and reported to this office of no lia- bility and in view of the fore- 246 Special Session, June 28, 1971. going, it is the recommendation of the City Attorney that the claim of Michael A. Foran be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. .Tune 24, 1971 Honorable Mayor and City Council On January 14, 1971, Mrs. Wm. (Carrie) Lukan of 405 2nd Ave., S.D., Cascade, Iowa, filed claim against the City of Dubuque, Iowa, for damages in the amount of $85.00 for personal injuries alleg- edly suffered on December 2, 1970 as the result of a fall in the auto ramp on Locust Street, Dubuque, Iowa, This matter was referred to the appropriate City Agency who made an investigation thereof and reported to this office of no lia- bility on the part of the City and in view of the foregoing, it is the recommendation of the City Attorney that the claim of Mrs. Wm. (Carrie) Lukan be denied. Original claim is returned here- with. Respectfully submitted, R, N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. June 17, 1971 Honorable Mayor and City Council On December 21, 1970, Jerry Pregler of 1505 Fairview, this city, filed claim against the City of Dubuque, Iowa, in the amount of $33.18 and $38.50 and in the total amount o1 $71.68 which allegedly occurred on an unspecified date at 1046 Central Avenue, this city, as the result of a sewer backup. This matter was referred to the appropriate City Agency who made an investigation thereof and reported to this office of no hn- bility on the part of the City, and in view of the foregoing, it is the recommendaton of the City Attor- ney that the claim of Jerry Preg- ler be denied. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. June 25, 1971 Hon. Mayor and City Council That on or about the 6th day of July, 1970, the Sheriff's Jury of Dubuque County, Iowa in Eminent Domain proceedings returned an award in the amount of $8,500.00 for Fred E. Klett and Katie Klett for the acquiring, by the City of Dubuque for airport purposes a portion of real estate owned by the said Mr. and Mrs, Klett. Thereafter, Mr. and Mrs. Klett appealed to the District Court of Dubuque County, Iowa on Febru- ary 26, 1971 claiming damages in the total amount of $25,000.00 by reason of the taking by the City of Dubuque, Iowa under Eminent Domain of said real estate. That thereafter, said matter ha- ving been referred to the City At- torney by the City Council appro- priate defenses were pleaded and defense of the claim was asserted. Contemporaneously, negotiations have been held with the Kletts and their attorney and an offer of set- tlement has been made in the amount of $13,000.00 representing an increase of $4,500.00 over the Sheriff's Jury award. That it is the recommendation of the City Attorney that said of- fer be accepted as in his judgment and experience it would serve the best interest of the City that said offer of settlement be accepted and it is contemplated that in the granting of said real estate, that the said grantors will reserve an Special Session, June 28, 1971 247 easement therein as access for farm purposes depending on the location thereof that it meets with the approval of the City Engineer and the Airport Commission. Original petition with original notice is hereto attached. Respectfully submitted. R. N. Russo City Attorney Councilman Meyers moved appro- val of the recommendation. Second. ed by Mayor Couchman. Carried by the following vote: Year, — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of Sr. Christine Boesch, advising of injury incurr- ed as the result of a fall on a de- fective sidewalk at 9th Street along the parking lot., presented and read. Councilman Meyers moved that the communication be referr. ed to the City Solicitor for investi- gation and report. Seconded by Councilman Bitter. Carried by the following vote; Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden hauer, Pregler. Nays — None. Notice of Suit of Lynea Susan Broessel, in the amount of $5000., for personal injuries received in a fall on the north side of W. Third Street in the 500 and 600 block on April 17, 1971, presented and read. Councilman Meyers moved that the notice of suit be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Notice of claim of Linda Brime. yer, in the amount of $64.00, for car damage incurred as the result of striking a parking meter lying in the street at 11th & Central on May 15, 1971, presented and read Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation anc report. Seconded by Councilmar Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun :ilmen Bitter, Meyers, Molden- muer, Pregler. Nays — None. Notice of claim of Leonard Clark n the amount of $424.77 for car lamage incurred as the result of ;triking a loose manhole in the street at State and Curtis on June 10, 1971, presented and read. Coun- :ilman Meyers moved that the no- Jee of claim be referred to the ity Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Notice of claim of Joseph L. Kramer, in the amount of $100,000. for unlawful acts of Dubuque Po- lice officers falsely arresting and detaining claimant on May 8th, 26th and 27th, presented and read. Councilman Meyers moved that the notice of claim be referre dto the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 30.71 AN ORDINANCE AMENDING AND CHANGING ORDINANCE No. 3.34 KNOWN AS THE "ZO- NING ORDINANCE OF THE CITY OF DUBUQUE, IOWA" SO AS TO CHANGE BLOCK #1 OF SUNSET PARK SUBDIVI- SION #3, FROM SINGLE FA- MILY RESIDENCE DISTRICT" CLASSIFICATION TO "MULTI- PLE RESIDENCE DISTRICT CLASSIFICATION, presented and read. Councilman Meyers moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be 248 Special Session, June 28, 1971. waived. Seconded by Councilman Pregler. Carried by the following vote: yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Meyers moved that a hearing be held on the Ordi- nance on August 19, 1971, at 7:30 P.M, in the Council Chamber at the City Hall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Coun Gilman Pregler. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Albert V. Schiltz et al (20 signers) requesting that the area on Elm Street bounded by E. 20th on the south, East 22nd to the north, Washington Street to the west and the railroad tracks to the east remain at the present zo- ning classification or be rezoned to a more residential character, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zo. ning Commission. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Donald A. Lombardi et al (41 signers) requesting an ordinance to prohibit truck traffic on West 32nd Street, presented and read. Mayor Couchman moved that the City Manager's verbal re. port be accepted and that he be instructed to converse with Mr. Lombardi. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of United Transporta. tion Union requesting the removal of weeds and trees growing on In- dustrial Park in the area bounded on the east by Kerper Blvd., on the west by Milwaukee tracks, on the south by Vulcan Tool and on the north by Thermolyne Co. pre. sented and read. After assurance was given by the Manager that the problem had been disposed of Ma. yor Couchman moved that the pe. tition be received and filed. Se. conded by Councilman Bitter. Car. ried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Fondell & Sons Inc. requesting permission to excavate between 24th and 25th streets on Central Ave. presented and read. Councilman Pregler moved approv- al of the petition. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays -- None. Petition of Dubuque Electric Mo- tor Service Inc. requesting relo- cation of a light and pole on the corner of 13th & Jackson Street as the result of new building con- struction, presented and read. The City Manager informed the Coun- cil that the problem is being taken care of after which Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of Richard Hansel re- questing annexation of Lot 1 of 1 of M. L. 222 (lying east of I. C. R. R. tracks) and Lot 1 of M. L. 223 in area of Cedar Cross and Brun - skill Road, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commission. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of R. C. Wahlert et al (121 signers) requesting that the owner of the property at 215 Fre- mont Ave. be required to clean up, repair and maintain said prop- erty consistent with the laws of Special Session, June 28, 1971 949 the City, presented and read. Councilman Pregler moved that the petition be. referred to the Buiding Department and Health Department to invoke ordinances. Seconded by Councilman Meyers. Carried by the following vote: yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of George M. & Arlene A. Oberbroeckling requesting an- nexation of Lots 635 to 643 in North Dubuque Addn., presented and read. Councilman Pregler moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of Ron Blakeman re- questing a refund of $250 on the unexpired portion of Liquor Li- cense No. C-6686 as he has discon- tinued business on 4-19-711 pre- sented and read. Counciman Preg- ler moved approval of the petition and the Auditor be instructed to issue the proper warrant. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of L. J. Winkler request- ing a refund of $150 on the unex- pired portion of Class B Beer Per- mit No. 51, as he has discontinued business on 6-2-72, presented and read. Councilman Pregler moved approval of the petition and the Auditor be instructed to issue pro- per warrant. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate at 489 Loras Blvd., presented and read. Councilman Pregler moved that the petition be granted. Sec- onded by Councilman Bitter. Car- ried by the following vote: Petition of St. Joseph Mercy Hos- pital requesting that the zoning ordinance be amended to include Lot 2 of Lot 2 of Langworthy Place, a subdivision of Lot 1 of Lot 3 of Lot 1 of Lot 2 of Lot 9 of Sub. of Mineral Lot 73; Mineral Lot 69; Mineral Lot 70; Lot 1 of Mineral Lot 66; Lot 2 of Lot 2 of Mineral Lot 66, except the south- erly 100 feet thereof; Lots 1 through 17 in Agnes Langworthy's Subdivision of Mineral Lot 71; Lot 2 of Lot 1 of Out Lot 731, ex- cept the southerly 100' thereof; Lot 1 of Lot 2 of Lot 1 of City Lot 732; Lot 1 of Lot 1 of Lot 6 of Mineral Lot 72; Lot 2 of Lot 1 of I.ot 6 of Mineral Lot 72; Lot 1 of Lot 2 of Lot 6 of Mineral Lot 72; Lot 2 of Lot 2 of Lot 6 of Mineral Lot 72; Lot 4A of Mineral Lot 72; Lot 1 of Lot 4 of Mineral Lot 72; Lot I of Lot 2 of Lot 10 of Mineral Lot 73; Lot 1 of Lot 1 of Lot 5 of Mineral Lot 72; The vacated and deeded east 10 feet of Lot 11 of Massey Heights; The west 50 feet of Lot 11 of Massey Heights; Lots 12, 13 and 14, each in Massey Heights; The easterly 35 feet of Lot 15 in Massey Heights; Vacated Clara Street; Vacated Au- gusta Street; Vacated Peabody Street; Vacated portion of James Street lying south of Langworthy Avenue; The vacated alleyIn sion Ag- nes Langworthy's Mineral Lot 71; and it further re- quests that the following described real property be reclassified from two-family residence to multiple family residence and that the said real property be included in Arti- cle 1V, section 2 (h): The westerly 5 feet of Lot 15, Massey Heights; Lots 16, 17, 18, 19 and 20, each in Massey Heights; Lot 3 of Mineral Lot 72; Lot 3 of Part of Mineral Lot 68. Councilman Pregler moved that the petition be referred to the Planning and Zoning Commission. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor McCouchman,Coucilmen Bitter, Molden- hauer, Pregler. Nays—None. 250 Special Session, June 28, 1971 Petition of Dubuque Park Board requesting approval of granting an easement to John Meehan for a driveway to and from the property adjoining Eagle Point Drive, pre- sented and read. Mr. John Meehan the proposed purchaser of a lot and Mr. Bob Huber the proposed seller both ad- dressed the Council relating their difficulties encountered in trying to get an easement. Mayor Couchman moved that the petition be referred to the Man- ager and City Attorney for inves- tigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Mryers, Molden- hauer, Pregler. Nays—None. Petition of American Legion re- questing permission to conduct a Drum & Bugle Corps Parade on July 4th, presented and read. Coun- cilman Pregler moved that the pe- tition be granted and referred to the Manager for implementation. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 163-71 Authorizing the Execution of a Certificate of Completion for Molo Oil Company. WHEREAS, under date of Octo- ber 8, 1970, the City of Dubuque entered into a Contract for the Sale of Land for Private Redevel- opment with Molo Oil Company for the real estate hereinafter de- scribed; and WHEREAS, under the terms of said contract the subject real es- tate was conveyed by the City of Dubuque to Molo Oil Company who constructed thereon certain improvements; and WHEREAS, Section 307 of said contract provides that upon com- pletion of the improvements the City of Dubuque will furnish Molo Oil Company a Certificate of Com- pletion; and WHEREAS, it has determined that the required improvements have been satisfactorily completed; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That. the Mayor and City Clerk be and they are hereby authorized and directed to execute a Certificate of Completion for the Molo Oil Company for the im. provements located on Lot 1 of Block 16 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, situated in the Downtown Urban Renewal Project, Iowa R-15. SECTION 2. That the Clerk be and he is hereby authorized and directed to file a copy of this res- olution and the executed copy of the Certificate of Completion in the office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 164.71 Authorizing the Advertising of Bids for the Demolition and Site Clearance of Certain Parcels of Real Estate in the Downtown Ur- ban 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 fi- nancial assistance to the City of Dubuque under Title I 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 Special Session, June 28, 1971 251 WI— iERF,AS, 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. 2-71 for the demolition and site clearance of certain parcels of real estate in the Downtown Urban Re- newal Project, Iowa R-15, in the form of Exhibit "A" attached here- to and made a part hereof. Passed, adopted and approved this 28th day of June, 1971.. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Lco F. Frommelt City Clerk j INVITATIONS FOR BIDS DEMOLITION CONTRACT NO. 2-71 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 R-15, until 10 o'clock A.M. Central Daylight Savings Time on July 16, 1971, at the Of- fice of the City Clerk, City Hall, 13th and Iowa, Dubuque, Iowa, at which time all bids will be pub- licly opened and read in Council Chambers. This project will consist of approximately 19 major build- ings and all other improvements that may in fact exist upon any of the parcels to be cleared. All im- provements are to be demolished or dismantled on the site. Contract Documents, including drawings, technical drawings and forms are on file with the Direc- tor of Urban Renewal. Copies of the Contract Docu- ments may be obtained by depos- iting $10.00 with the Director of Urban Renewal, Suite 10-B Fischer Building, Dubuque, Iowa, for each set of documents so obtained. Each I such deposit will be refunded if the documents are returned in good condition within 10 days after bid opening. A certified check drawn on a solvent Iowa bank payable to the order of the City of Dubuque, Iowa, or a deposit of money in an amount equal to at least ten per- cent (10%) of the amount of the estimated cost of demolition and site clearance exclusive of any de- ductions for salvage, shall be sub- mitted with each bid. The successful Bidder will be re- quired to furnish and pay for sat- isfactory performance and pay- ment bond or bonds. Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project, and that the Contractor must ensure that em- ployees and applicants for employ- ment are not discriminated against because of their race, color, reli- -lion, sex 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- chase of reviewing the Bids and investigating the qualifications of the Bidders, prior to awarding of the Contract. CITY OF DUBUQUE Leo F. Frommelt City Clerk DATE: June 28, 1971 Mayor Couchman moved adop- tion of the resolution. Second(,d by Councilman Preeler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 16571 Declarin4 Intent to S -II A Por- tion of the Downtown Urban Re- newal Proiect, Iowa R-15 to Re- nier Piano 8, Organ Company, Inc. WHEREAS, under date of Au - rust 4, 1969, the Council of the city of Dubuque approved and au- thorized the receiving of propos- als for the sale and redevelopment of certain parcels of real estate in 252 Special Session. June 28, 1971 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 Renier Piano & Or- gan Company, 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 hearine conducted: now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the City of Dubuque herebv declares its in- tent, after a public hearing, to dis- pose of Lot 2 of Block 5 in Du- buque Downtown Plaza in the City of Dubuque, Iowa, also known as Disposition Parcel 1 of Block 2 to Renier Piano & Organ Company. Inc. in accordance with the terms of the Disposition Documents gov- erning such sale on file in the of- fice 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 August 2, 1971, 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, and such notice may cover one or more proposals. Passed, approved, and adopted this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo 10. 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 Lo- cust Street on the west. NAME OF ADDRESS DEVELOPER Renier Piano & Organ Company, Inc., 520 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 2nd day of August, 1971, 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 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 ('ity Clerk, City Ball, Dubuque, Iowa between 8:00 A.M. and 5:00 P.M e.xcept 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 Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 166.71 DECLARING INTENT TO SELL A PORTION OF THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 TO THOMAS F. LEIBOLD WHEREAS, under date of Aci- gust 4, 1969, the Council of the City of Dubuque approved and authorized the receiving of pro- posals for the sale and redevelop- ment of certain parcels of real estate in the Downtown Urban Renewal Project, Iowa R-15, and Special Session, June 28, 1971 253 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 Thomas F. Leibold, 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 COIrNCIL OF THF. CITY OF DU- BUQUE, IOWA: Section 1. That the City of Du- buoue hereby declares its intent, after a public hearing, to dispose of Lot 1 of Block 4 in Dubuque Downtown Plaza in the City of Dubuque. Iowa, also known as Dis- pngition Parcel 3 of Block 2 to Thomas F. Leibold in accordance with the terms of the Digpogition Documents eoverning such sale on file in the office of the Department of Urban Renewal. Section 2. That the City Clerk be and is herebv authorized and di. rected to publish notice of public hearing to be held on August 2, 1971 and to make certain docu- ment,; available for public insnee- tion. Such notice shall be substan- tially 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 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt EXHIBIT "A" LEGAL NOTICE OF HEARING Pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, the City Counel 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 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, Ninth Street on the north, and Locust Street on the west. Name of Developer, Thomas F. Leibold. Address, 1392 Main Street, Du- buque, Iowa. Said hearing will be held in Council Chambers. Citv Hall, 13th and Iowa Streets, Dubuque, Iowa, at 7:30 P M. on the 2nd day of .August, 1971, and any person or organization desiring to be heard will be given an onaortunity to be heard on the q+iestion of the pro- posed digpogltions. A "Redeveloper's Statement for Public Disclosure" in the firm pre- ,cribed by the Department of Housing and Urban Develnnment and the proposed "Disposition A+?reement" for each of said de. velopers are on file and available fer inspection at the office of the City Clerk, Citv Hall. Dubnnue, Iowa between 8.00 AM. and 5:00 pm. except Saturdays, Snndays, and holidays. Said documents shall also he available at the time of the public hearing. Leo F. Frommelt City Clerk Councilman Pregler moved aop- tion of the resolution, Seconded by Councilman Bitter. Carried by the following vote: Yeas--Mavor Cnuchman, Coun- cilman Bitter, Meyers, Molden- hauer, Pregler. Nays None. RESOLUTION NO. 167.71 AUTHORIZING THE FILING OF AN AMENDATORY APPLICA- TION FOR LOAN AND GRANT FOR THE DOWNTOWN URBAN RENEWAL PROJECT NO. R-15 WHEREAS, the City g f Dubuque under date of July 26, en- tered into contract No. Iowa R-15 (I,G) with the United States of America acting through the De- partment of Housing and Urban Development, Providing f nancial assistance in the under- 234 Special Session, June 28, 1971 taking and carrying out of a cer- tain Urban Renewal Project herein designated as Project No. Iowa R-15, which is more fully identi- fied in the executed Contract for Loan and Grant; and WHEREAS, it is necessary and in the public interest that the City of Dubuque avail itself of addi- tional financial assistance provided by the Housing Act of 1949, as amended to date, to carry out the aforementioned Project; and WHEREAS, it is necessary to file an Amendatory Application for Loan and Grant for the aforesaid Project requesting a (1) Revision in Temporary Loan and a (2) Re- vision in Project Capital Grant; and WHEREAS, it is recognized that the Federal contract for such ad- ditional assistance will continue to impose certain obligations and responsibilities upon the City of Dubuque; now therefore BF IT RESOLVED BY THE COUNTC11, OF THE CITY OF DU- BUQUE, IOWA: Section 1. That an annlication on behalf of the City of Dubuaue for an Amendment to the C^ntract for Loan and Grant identified as Contrset No. Iowa R-15 (I.G) for a revision in the Temporary Loan and for a revision in the Proient Canital Grant is herebv apnrnved, and that the Citv Manag-r is here- by authorized and directed to exe- cute and to file such annlication with the Denartment of Housing and Urban Development. to pro- vide such additional information and to furnish such documents as may be rea»ired in behalf of said City. and that the Director of Ur- ban Renewal is herebv authorized and directed to act as the a»thor- iz-d correspondent of the City of Dubuque. Section 2. That the United States of America and the Secretary of the Department of Housing and Urban Development, be. and they are herebv reassured of the con- tinued. full compliance by the Citv of Dubuque with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964. Passed, approved and adopted this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. June 7, 1971 To Honorable Mayor and City Council This is to advise you that the John F. Kennedy Road Storm Sew- er 1969, a distance of 406 feet, has been completed in accordance with plans and specifications by Fondell & Sons Inc., of Dubuque, Iowa. Resnectfully submited, Gilbert D. Chavenelle City Manager Councilman P-,eR]er moved that the communic0lon be received and filed. Seconded by Councilman Mevers. Carried by the following vote: Yeas—Mavor Couchman. Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. FINAL ESTIMATE RESOLUTION NO. 168.71 WHEREAS, the contract for the JOHN F. KENNEDY ROAD STORM SEWER -1969 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 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 $17,387.57. That none of the cost thereof shall be assessable upon private property and $17,387.57 shall be paid from the Road used Tax Fund of the City of Dubuque. Special Session, June 28, 1971 255 Passed, adopted and approved this 28th day of .lune 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mas or Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. (A Resolution Acepting Improvement) RESOLUTION NO. 169.71 WHEREAS, the contract for the JOHN F. KENNEDY ROAD STORM SEWER -1969 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its ac- ceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from 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 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing on resolution of necessity for public improvements and plans, specifications, form of contract and cost of constructing 1971 MAINTENANCE PATCHING PROGRAM NO. 1, presented for final adoption. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Bitter moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION NO. 150.71 WHEREAS proposed plans, specifications, form of contract have been duly prepared and ap- proved 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. An estimate of the cost of the proposed improvement for the 1971 Maintenance Patching Pro- gram No. 1. 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 hereinmentioned improvement, 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 improvement, they shall be deemed to have waived all ob- jections thereto. Said improvement 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 Special Session, June 28, 1971 the City Clerk. That the cost and expense of making said improve- ment will be paid from the Road Use Tax Fund. The above resolution was intro. duced, approved, and ordered placed on file with the City Clerk this 7th day of June, 1971. Approved and placed on file for final action, RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, Ly the City Council this 28th day of June 1971. Gaylord M. Couchman Mayor Watler A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt Councilman Bitter moved final adoption of the resolution. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. (Ordering Construction) RESOLUTION NO. 170.71 BE IT RESOLVED BY THE CYTY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a Resolu- tion of Necessity No. 150-71 which was duly passed by this Council for the 1971 Maintenance Patching Program No. 1 be and the same hereby ordered and constructed by this Council upon its own mo- tion and with or without the peti- tion of property owners. All the work shall be constructed in ac- cordance with the plans and speci- fications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Street Road Use Tax Fund. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im. provements herein provided for in the manner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 28th day of June. 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop. tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilman Bitter, Meyers, 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 1971 Maintenance Patching Program No. 1, presented and read. Councilman Bitter moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays --None. June 24, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00 A.M. Thursday, June 24, 1971 for the City of Dubuque 1971 Main- tenance Patching Program No. I. The lowest bid was entered by Tri- state Paving Company of Dubuque, Iowa. Their bid was 16.7% over the Engineer estimate. I recommend that the contract for the improvement be awarded to the Tri-State Paving Company of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Mayor Couchman moved ap- proval of the recommendation. See- Special Session, June 28, 1971 257 onded by Council man Bitter. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. (Awarding Contract) RESOLUTION NO. 171.71 WHEREAS, sealed proposals have been submitted by contractors for the city of Dubuque 1971 Mainten- ance Patching Program No. 1 pur- suant to Resolution No. 151.71 and notice to bidders published in a newspaper published in said City on June 11, 1971 and June 18, 1971; and WHERAS, said scaled proposals were opened and read on June 24, 1971, and it has been determined that the bid of Tri-State Paving Company of Dubuque, Iowa in the amount of $24,693.70 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- 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 re- turn the bid deposits of the un- successful bidders. Passed and adopted this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop tion of the resolution. Seconded b Mayor Couchman. Carried by th following vote: Yeas—.Mayor Couchman, Coun cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, also certified mail receipts of delivery, of no- tice of public hearing to Ralph do Raymond Dean Admr. to consider Manager's report stating that the buildings located on Lot 1 of M. L. 354 and known as 2954 Davenport Street are dangerous to life, health and property, 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 Bitter moved that the proof of publication and mail receipts be received and filed. Sec- onded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Building Department issued a demolition permit on the above structure on June 28, 1971. RESOLUTION NO. 172.71 WHEREAS the City Manager has reported to the City Council that the building and premises located on Lot 1 of Mineral Lot 354, known as 2954 Davenport Street in the City of Dubuque, Dubuque County, Iowa, are dangerous to life and health because of their condition and that demand has been made by him upon the William and Lil- lian Dean Estate, Ralph Dean and Raymond Dean, administrators of said property that the condition complained of be corrected and that said owner has failed to cor- rect the conditions within the time provided by the notice; and, WHEREAS on June 7, 1971, the City Council set said report down for hearing at 7:30 o'clock P.M. Central Daylight Time on June 28, 1971, in the City Council Chamber in the City Hall in the City of Du- buque, Dubuque County, Iowa, and directed the City Clerk to give no- tice of said hearing; and, WHEREAS it appears by return y. of service now on file in the rec. e ords of the City Council that no- tice of said hearing was given by serving by Registered Mail on 258 Special Session, June 28, 1971 June 11, 1971, and by publication in the Telegraph Herald newspaper on June 11, 1971, and, WHEREAS pursuant to said no. tice on order of the City Council a public hearing was held at 7:30 P.M. Central Daylight Time on June 28, 1971, in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above de- scribed real estate were afforded an opportunity to be heard and witnesses concerning the condition of the property and the hazard was heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the prem- ises and has reached it determin- ation. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structure known as 2954 Davenport Street and located on Lot 1 of Mineral Lot 354 in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and de- clared to be dangerous to life, health and property and a nuis- ance; Section 2. That the City Man- ager be and he is hereby author• ized and directed to cause the structure known as 2954 Davenport Street and located on Lot 1 of Mineral Lot 354 in the City of Dubuque, Dubuque County, Iowa, to be dismantled and removed. Section 3. That upon comple- tion of said work, the City Man- ager shall certify the cost there- of to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section 5. That the City Clerk be and is hereby directed to record a certified copy of this Resolution in the office of the County Re- corder of Dubuque County, Iowa. Passed, adopted and approved this 28th day of June 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop• tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, also certified mail receipts of delivery, of no. tice of public hearing to Mr. & Mrs. William Kaiser Jr, and Mr. and Mrs. Melvin Kaiser, to con- sider Manager's report stating that the buildings located on Lot 21 Lenox Addn. and known as 2715 University are dangerous to life, health and property, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Bitter moved that the proof of publication and mail receipts be received and filed. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 173-71 WHEREAS the City Manager has reported to the City Council that the building and premises located on Lot 21 Lenox Addition, known as 2715 University Avenue in the City of Dubuque, Dubuque County, Iowa, are dangerous to to life and health because of their condition and that demand has been made by hint upon Mr. & Mrs. William Kaiser, Jr., 2715 Uni- versity Avenue, Dubuque, Iowa, and Mr. & Mrs. Melvin Kaiser, 1610 Hickson Avenue, Dubuque, Iowa, as owners of said property that the condition complained of be corrected and the said owner has failed to correct the condi- tions within the time provided by the notice; and, Special Session, June 28, 1971 259 WHEREAS on .Tune 7, 1971, the City Council set, said report down for hearing at 7:30 o'clock P.M. Central Daylight Time on June 28, 1971, in the City Council Chamber in the City Hall in the City of Dubuque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing; and, WHEREAS it appear by return of service now on file in the rec- ords of the City Council that notice of said hearing was given by serv- ing by Registered Mail on June 11, 1971, and by publication in the Telegraph Herald newspaper on June 11, 1971, and, WHEREAS pursuant to said no- tice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Daylight Time on June 28, 1971, in the City Coun- cil Chamber in the City Hall in the City of Dubuque, Dubuque County, Iowa, at, which time the owners of the above described real estate were afforded an op- portunity to be heard and wit- nesses concerning the condition of the property and the hazard was heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the prem- ises and has reached its determina- tion. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structure known as 2715 University Avenue and located on Lot 21 Lenox Ad- dition in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and de- clared to be dangerous to life, health and property and a nui- sance; Section 2. That the City Man- ager be and he is hereby author- ized and directed to cause the structure known as 2715 Univer- sity Avenue and located on Lot 21 Lenox Addition in the City o1 Dubuque, Dubuque County, Iowa to be dismantled and removed. Section. That upon completion of said work, the City Manages shall certify the cost thereof tc the City Clerk. Section 4. That upon receipt o said eVrtificate of cost from thi City Manager, the City Clerk shal thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section 5. That the City Clerk be and is hereby directed to record a certified copy of this Resolution in the office of the County Re- corder of Dubuque County, Iowa. Passed, adopted and approved this 28th day of June 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, also certified mail receipts of delivery, of no- tice of public hearing to Mr. Flo- rian Kasper Jr. to consider Man- ager's report stating that the buildings located on Lot 4 of Sub. 52, 53 and 54 in Bellevue Addn. and known as 2494 Pinard Street are dangerous to ilfe, health and property, 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 Bitter moved that the proof of publication and mail re- ceipts be received and filed. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. Building Department issued a demolition permit on the above structure on June 16, 1971. RESOLUTION NO. 174.71 WHEREAS the City Manager has reported to the City Council that the building and premises located on Lot 4 of Sub -division 52, 53, 54 and 55 in the Bellevue Addition, 280 Special Session, June 28, 1971 known as 2494 Pinard Street in the City of Dubuque, Dubuque County, Iowa. are dangerous to life and health because of their con- dition and that demand has been made by him upon the Barbara Kasper Trust, Florian Kasper, Jr., 2740 Andrew Court, Dubuque, Iowa, Trustee of said property that the condition complained of be corrected and that said owner has failed to correct the conditions within the time provided by the notice; and, WHEREAS on June 7, 1971, the City Council set said report down for hearing at 7:30 o'clock P.M. Central Daylight Time on June 28, 1971, in the City Council Chamber in the City Hall in the City of Du- buque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing; and, WHEREAS it appears by return of service now on file in the rec- ords of the City Council that no- tice of said hearing was given by servirg by Registered Mail on June 11, 1971, and by publication in the Telegraph -Herald newspaper on June 11, 1971, and, WHEREAS pursuant to said no- tice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Daylight Time on June 28 1971, in the City Coun- cil Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above de- scribed real estate were afforded an opportunity to be heard and witnesses concerning the condition of the property and the hazard was heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the premises and has reached its determination. NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: Section I. That the structure known as 2494 Pinard Street and located on Lot 4 of Subdivision 52, 53, 54 and 55 in Bellevue Addition in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and declared to be dangerous to life, health and property and a nuisance; Section 2. That the City Manager be and he is hereby authorized and directed to cause the structure known as 2494 Pinard Street and located on Lot 4 of Sub -division 52, 53, 54 and 55 in Bellevue Addition in the City of Dubuque, Dubuque County, Iowa, to be dismantled and removed. Section 3. That upon completion of said work, the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun. ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section S. That the City Clerk be and is hereby directed to record a certified copy of this Resolution in the office of the County Re- corder of Dubuque County, Iowa, Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler Nays—None. Proof of Publication, certified to by the Publisher, also certified mail receipts of delivery, of notice of public hearing to Robert A. Ring and Virginia C. Ring to consider Manager's report stating that the buildings located on Lot 2 of 1.1-11 in Kelly's Sub. and known as 668 University Ave. are danger- ous to life, health and property presented and read. No written objetcions were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Bitter moved that the proof of publication and mail re- ceipts be received and filed. Sec- Special Session, June 28, 1971 261 onded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 175.71 WHEREAS the City Manager has reported to the City Council that the building and premises lo- cated on Lot 2 of 1-1-11 in Kelly's Sub -division known as 668 Uni- versity Avenue in the City of Du- buque, Dubuque County, Iowa, are dangerous to life and health be. cause of their condition and that demand has been made by him upon Mr. Robert A. Ring, 2834 In- diana Avenue, Dubuque, Iowa, and Mrs. Virginia C. Ring, 593 Arling- ton Street, Dubuque, Iowa, as own- ers of said property that the con- dition complained of be corrected and that said owners have failed to correct the conditions within the time provided by the notice; and, WHEREAS on June 7, 1971, the City Council set said report down for hearing at 7:30 o'clock Y.M. Central Daylight Time on June 28, 1971, in the City Council Chamber in the City Hall in the City of Du- buque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing; and, WHEREAS it appears by return of service now on file in the rec- ords of the City Council that no- tice of said hearing was given by serving by Registered Mail on June 11, 1971, and by publication in the Telegraph -Herald newspaper on June 11, 1971, and, WHEREAS pursuant to said no- tice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Daylight Timc on June 28, 1971, in the City Coun- cil Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above de- scribed real estate were afforded an opportunity to be heard and witnesses concerning the condition of the property and the hazard was heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the premises and has reached its determination. NOW, THEREFORE, BE IT BE- SOLVED FSOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structure known as 668 University Avenue and located on Lot 2 of 1-1-11 in Kelly's Sub -division in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and declared to be dangerous to life, health and property and a nuisance; Section 2. That the City Manager be and he is hereby authorized and directed to cause the structure known as 668 University Avenue and located on Lot 2 of 1-1-11 in Kelly's Sub -division in the City of Dubuque, Dubuque County, Iowa, to be dismantled and removed. Section 3. That upon completion of said work, the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section 5. That the City Clerk and and is hereby directed to re- cord a certified copy of this Res- olution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, also certified mail receipts of delivery, of notice of public hearing to Gail B. Wunderlich, to consider Manager's report stating that the buildings 200 Special Session, June 28, 1971 known as 2494 Pinard Street in the City of Dubuque, Dubuque County, Iowa, are dangerous to life and health because of their con- dition and that demand has been made by him upon the Barbara Kasper Trust, Florian Kasper, Jr., 2740 Andrew Court, Dubuque, Iowa, Trustee of said property that the condition complained of be corrected and that said owner has failed to correct the conditions within the time provided by the notice; and, WHEREAS on .June 7, 1971, the City Council set said report down for hearing at 7:30 o'clock P.M. Central Daylight Time on June 28, 1971, in the City Council Chamber in the City Hall in the City of Du- buque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing; and, WHEREAS it appears by return of service now on file in the rec. ords of the City Council that no. tice of said hearing was given by serving by Registered Mail on June 11, 1971, and by publication in the Telegraph -Herald newspaper on June 11, 1971, and, WHEREAS pursuant to said no- tice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Daylight Time on June 28 1971, in the City Coun- cil Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above de- scribed real estate were afforded an opportunity to be heard and witnesses concerning the condition of the property and the hazard was heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the premises and has reached its determination. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structure known as 2494 Pinard Street and located on Lot 4 of Sub -division 52, 53, 54 and 55 in Bellevue Addition in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and declared to be dangerous to life, health and property and a nuisance; Section 2. That the City Manager be and he is hereby authorized and directed to cause the structure known as 2494 Pinard Street and located on Lot 4 of Sub -division 52, 53, 54 and 55 in Bellevue Addition in the City of Dubuque, Dubuque County, Iowa, to be dismantled and removed. Section 3. That upon completion of said work, the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section S. That the City Clerk be and is hereby directed to record a certified copy of this Resolution in the office of the County Re- corder of Dubuque County, Iowa. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler Nays—None. Proof of Publication, certified to by the Publisher, also certified mail receipts of delivery, of notice of public hearing to Robert A. Ring and Virginia C. Ring to consider Manager's report stating that the buildings located on Lot 2 of 1-1-11 in Kelly's Sub. and known as 668 University Ave, are danger- ous to life, health and property presented and read. No written objetcions were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Bitter moved that the proof of publication and mail re- ceipts be received and filed. Sec- Special Session, June 28, 1971 261 onded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 175.71 WHEREAS the City Manager has reported to the City Council that the building and premises lo- cated on Lot 2 of 1-1-11 in Kelly's Sub -division known as 668 Uni- versity Avenue in the City of Du- buque, Dubuque County, Iowa, are dangerous to life and health be- cause of their condition and that demand has been made by him upon Mr. Robert A. Ring, 2834 In- diana Avenue, Dubuque, Iowa, and Mrs. Virginia C. Ring, 593 Arling- ton Street, Dubuque, Iowa, as own- ers of said property that the con- dition complained of be corrected and that said owners have failed to correct the conditions within the time provided by the notice; and, WHEREAS on June 7, 1971, the City Council set said report down for hearing at 7:30 o'clock P.M. Central Daylight Time on June 28, 1971, in the City Council Chamber in the City Hall in the City of Du buque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing; and, WHEREAS it appears by return of service now on file in the rec- ords of the City Council that no. tice of said hearing was given by serving by Registered Mail on June 11, 1971, and by publication in the Telegraph -Herald newspaper on June 11, 1971, and, WHEREAS pursuant to said no- tice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Daylight Time on June 28, 1971, in the City Coun- cil Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above de- scribed real estate were afforded an opportunity to be heard and witnesses concerning the condition of the property and the hazard was heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the premises and has reached its determination. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structure known as 668 University Avenue and located on Lot 2 of 1-1-11 in Kelly's Sub -division in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and declared to be dangerous to life, health and property and a nuisance; Section 2. That the City Manager be and he is hereby authorized and directed to cause the structure known as 668 University Avenue and located on Lot 2 of 1.1.11 in Kelly's Sub -division in the City of Dubuque, Dubuque County, Iowa, to be dismantled and removed. Section 3. That upon completion of said work, the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section 5. That the City Clerk and and is hereby directed to re- cord a certified copy of this Res- olution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, also certified mail receipts of delivery, of notice of public hearing to Gail B. Wunderlich, to consider Manager's report stating that the buildings 262 Special Session, June 28, 1971 located on Lot 2 in Jansen's Sub. and known as 2313 Roosevelt St., are dangerous to life, health and property, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication and mail receipts be received and filed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, 11regler. Nays—None. Building Department issued a demolition permit on July 1, 1971 on the above structure. RESOLUTION NO. 176.71 WHEREAS the City Manager has reported to the City Council that the building and premises located on Lot 2 in Jansen's Sub- division, known as 2313 Roosevelt Street in the City of Dubuque. Dubuque County. Iowa, are dan- gerous to life and health because of their condition and that de- mand has been made by him upon Gail B. Wunderlich, P.O. Box 248, Shady Cove, Oregon 97539 as own- er of said property that the condi tion complained of be corrected and that said owner has failed to correct the conditions within the time provided by the notice; and, WHEREAS on June 7, 1971, the City Council set said report down for hearing at 7:30 o'clock P.M Central Daylight Time on June 28. 1971, in the Citv Council Chamber in the City Hall in the City of Dubuque, Dubuque County, Iowa. and directed the City Clerk to give notice of said hearing: and WHEREAS it appears by return of service now on file in the rec- ords of the City Council that no tice of said hearing was Riven by serving by Registered Mail on June 11, 1971, and by publication in the Telegraph Herald news- paper on June 11. 1971, and, WHEREAS pursuant to said no tice on order of the City Council a public hearing was held at 7:3C o'clock P.M. Central Daylight Time on June 28, 1971, in the Cit,. Council Chamber in the City Hal'. in the City of Dubuque, Iowa, al which time the owner of the above lescribed real estate was afforded in opportunity to be heard and ,witnesses concerning the condi- tion of the property and hazard was heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the prem- ises and has reached its determina. tion. NOW, THEREFORE, BE IT RE SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structure known as 2313 Roosevelt Street and located on Lot 2 in Jansen's Subdivision in the City of Du- buque, Dubuque County, Iowa, be and the same are hereby found and declared to be dangerous to life, health and property and a nuisance; Section 2. That the City Man- ager be and he is hereby author- ized and directed to cause the structure known as 2313 Roosevelt Street and located on Lot 2 in Jansen's Subdivision in the City of Dubuque, Dubuque County, Iowa, to be. dismantled and re- moved. Scetion 3. That upon comple- tion of said work, the City Man- ager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section 5. That the City Clerk be and is hereby directed to re- cord a certified copy of this Res- olution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Special Session, June 28, 1971 263 Councilman Pregler m o v e d adoption of the resolution. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. June 17, 1971 Honorable Mayor and Council The City Planning and Zoning Commission has reviewed a final plat of Block 5 and Block 6 of "Thomas Farm Addition" in the City of Dubuque, Iowa. The Commission has found that this plan conforms to the prelimi- nary plat for this area and meets minimum requirements of the Sub- division Regulations. It is the recommendation of the Commission that the plat be approved as submitted. Respectfully submitted, City Planning and Zoning Commission Don Gilson City Planner Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas --Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 177-71 RESOLUTION APPROVING THE PLAT OF BLOCK 5 and BLOCK 6 of "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 5and Block 6 of "Thomas Farm Addition" in the City of Dubuque, Iowa, by Richard C. Henschel and Mildred C. Henschel; and WHEREAS, upon said plat ap- pear streets to be known as June Drive and Valentine Drive, to- gether with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been examined by the City Planning and 'Zoning Commission and had its approval endorsed thereon; and WHEREAS, said plat has been !xamined by the City Council and .hey find that the same conforms ',o statutes and ordinances relating thereto, except that street grades have not been established, the streets brought to grade, or pav- ing, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of June Drive and Valentine Drive together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of Block 5 and Block 6 of "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, Iowa, upon said plat, provided the owners of said property herein named, exe- cute their written acceptance here- to attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface June Drive and Valentine Drive with bituminous concrete, or with con- crete paving with integral curb, all in accordance with City of Du- buque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans sub- mitted with the plat; c. To install water mains and water service laterals in accord- ance 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 Engi- neer and the City Manager; f. To construct the foregoing im- provements in accordance with approved plans and specifications by the City Manager, under the in- spection of the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoing im- provements for a period of four years from acceptance by the City of Dubuque, ac Iowa; 26 Special Session, June 28, 1971 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; L To construct said improve- ments, except sidewalks, prior to June 7, 1973, and to construct the sidewalks prior to June 7, 1975; 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 Rich- ard C. Henschel and Mildred L. Henschel, shall fail to execute the acceptance and furnish the secur- ity provided for in Section 2 here- of within 45 days after the date of this Resolution, 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 unanimous recorded roll call this 28th day of June, A.D. 1971. Gaylord M, Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph L. Bitter Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 177.71 We, the undersigned having read the terms and conditions of the foregoing Resolution No. .... and being familiar with the con- ditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this .......... day of 19....... TO: Leo F. Frommelt City Clerk This is to certify that the se- curity provided by the foregoing RESOLUTION NO. 177-71 has been furnished by the owners. Dated at Dubuque, Iowa, this .................... day of ............... 19....... ........... ............................. I................ City Manager Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. June 11, 1971 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 City of Dubuque 1971 Concrete Curb and Gutter Project No. 1. Submitted June 21, 1971. John L. White, P. E. City Engineer Councilman Bitter moved that the communication be received and filed. Seconded by Mayor Couch. man. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 178.71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the attached sheets No. 1 to 2 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1971 Concrete Curb and Gutter Project No. 1 and the valuations set out therein are hereby approved. Adopted this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Special Session, June 28, 1971 265 RESOLUTION TION NO. 179.71 6. In each case the amount there. Preliminary approval of plans, of which is estimated to be as. specifications, form of contract, sessed against each lot, for the plats and all other documents for City of Dubuque 1971 Concrete construction of CITY OF DU- Curb and Gutter Project No. 1 on BUQUE 1971 CONCRETE CURB the following named streets: AND GUTTER PROJECT NO. 1, 1. Asbury Road from the W.P.L. on the following named streets: of Lot 1-1.1 of Asbury Park; West 1. Asbury Road from the W.P.L. to the Corporation Limits. of Lot 1.1-1 of Asbury Park; 2. Central Avenue from the N. West to the Corporation Limits. P.L. of Ninth Street to the S.P.L. 2. Central Avenue from the N.P.L. of Fourth Street. on Ninth Street to the S.P.L. 3, Dodge Street—Widening at of Fourth Street. Intersection with Bryant Street. 3. Dodge Street—Widening at in- 4. Eighth Street Service Drive tersection with Bryant Street. from the W.P.L. of Central to the 4. Eighth Street Service Drive Alley West of Central Avenue. from the W.P.L. of Central to the alley west of Central Ave 5. Hamilton Street extension from the E.P.L. of Berper Boule- nue. 5. Hamilton Street extension from vard to the E.P.L. of Lot 1-2-1 of the E.P.L. of Kerper Boulevard Block 5 of River Front Sub. No. 3. to the E.P.L. of Lot 1-2.1 of k 6ocust m the Block 5 of River Front Sub. FourthStreet of Street S.P.L. of No. 3. Fifth Street on the East Side only. 6. Locust Street from the N.P.L. BE IT THEREFORE RESOLVED of Fourth Street to the S.P.L. that the City Council on its own of Fifth Street on the East Side motion or upon petition of prop - only, erty owners, deems it advisable at an estimated cost of $162,566.39, and necessary for the public wel- presented and read. Councilman fare to make the herein mentioned j Bitter moved adoption of the reso- improvement, and unless property lution. Seconded by Councilman owners at the time of the final Meyers. Carried by the following consideration of this proposed res - vote: olution have on file with the City Yeas — Mayor Couchman, Coun- Clerk objections to the amount of Bitter, Meyers, Molden they shall the be demed to haosed ve waived all hauen hauer, Pregler. Nays—None. objections thereto. Said improvements shall be eon - (Necessity for Imarovement essity or structed and done in accordance RE NO. 1eme with the plans and specifications WHEREAS, proposed plans, which have been prepared there - specifications, form of contract, fore by the City Engineer which plat and schedule have been duly have been approved by the City prepared and approved by the City Council and are now on file with Council of the City of Dubuque the City Clerk. That the cost and and are now on file in the office expense of making said improve - of the City Clerk showing among ment will be assessed upon and other things the following: against all privately owned proper - 1. The Assessment limits of each ty lying within assessable distance street to be improved. provided by law and in an amount to the amount provided 2. The streets to be improved. 3. The width of such improve- not exceed by law, property will be assessed ment, and the size and kind of whether the same abuts thereon or to sewers. is adjacent thereto according in proportion to the spe- 4. Each lot proposed to be as- sessed together with a valuation area and cial benefits conferred thereby, fixed by the council. and any deficiency shall be paid the street fund, Bonds shall 5. An estimate of the cost of out of be issued and sold in anticipation the proposed improvement, stating the same for each different type of of deferred payments of assess - I construction and kind of material e hasbeen performedand and accepted 288 Special Session, June 28, 1971 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 28th day of June, 1971. Approved: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved ap- proval of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. bauer, Pregler. Nays—None. (Fixing date of hearing) RESOLUTION No. 181-71 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 179-71 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 1971 Concrete Curb and Gutter Project No. 1 on the follow ing named streets: 1. Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park; West to the Corporation Limits. 2. Central Avenue from the N.P. L. of Ninth Street to the S.P.L. of Fourth Street. 3. Dodge Street — Widening at intersection with Bryant Street. 4. Eighth Street Service Drive from the W.P.L. of Central to the alley west of Central Avenue. 5. Hamilton Street extension from the E.P.L. of Kerper Boule- vard to the E.P.L. of Lot 1.2-1 of Block 5 of River Front Sub. No. 3. 6. Locust Street from the N.P.L. of Fourth Street to the S.P.L. of Fifth Street on the East Side only, and, WIIEREAS, 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 2nd day of August, 1971, 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 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 boundar- ies 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 published in the city of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said reso- lution 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 28th day of June, 1971. Gaylord M. Couchman Mayor Waller A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. ..eys — None. ,rune 11, 1971 To the Honorable Mayor and City Council I hereby submit the attached sheets No. 1 to 23 inclusive show- Special Session, June 28, 1971 287 ing a schedule of the proposed valuations and assessments for the City of Dubuque 1971 Asphalt Pav- ing Project No. 1. Submitted ,lune 21, 1971. John L. White, P.E. City Engineer Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 182.71 Be it resolved by the City Coun- cil of the City of Dubuque, Iowa: Ssetion 1. That the attached sheets No. 1 to 23 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1971 Asphalt Paving Project No. 1 and the valu- ations set out therein are hereby approved. Adopted this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 183.71 Approval of Preliminary Esti mate of plans, specifications, for of contract, plat and all other doc uments for the construction o CITY OF DUBUQUE 1971 AS PHALT PAVING PROJECT NO. on the following named streets: 1. Asbury Road from the V1'.P. of Lot 1-1-1 of Asbury Park, Wes to the Corporation Limits. 2. Central Avenue from the N. L. of Ninth Street to the S.P.L. Fourth Street. 3. Drexel Avenue from the N.P. L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. 4. Eagle Point Park — Roadway. 5. Eighth Street Service Drive from the W.P.L. of Central Avenue to the Alley West of Central Ave- nue. G. Fairfax Avenue from the N.P. I.. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. 7. Hamilton Street extension from the E.P.L. of Rerper Boule- vard to the E.P.L. of Lot 1-2-1 of Block 5 of River Front. Sub. No. 3. 8. Hickson Avenue from the W. P.L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. 9. I oras Blvd. from the W.P.L. of Walnut Street to the E.P.L. of University Avenue. 10. Marmora Avenue from the N.P.L. of Fairfax Avenue to the S.P.L. of Pennsylvania Avenue. 11. Wisconsin Avenue from the W.P.L. of Marmora Avenue to the S.P.L. of Pennsylvania Avenue. in an estimated amount of $417,- 999.94, presented and read. Coun- cilman Pregler moved adoption of the resolution. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. (Necessity for Improvement) RESOLUTION No. 184.71 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 of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of n' sewers. f 4. Each lot proposed to be as. sessed together with a valuation 1 fixed by the council. 5, An estimate of the cost of I, the proposed improvement, stating t the same for each different type of construction and kind of ma- terial to be used. of d n each case estimated t to ,mount be ofisassessed 288 Special Session, June 28, 1971 against each lot, for the CITY OF DUBUQUE 1971 ASPHALT PAV- ING PROJECT NO. 1 on the fol- lowing named streets: 1. Asbury Road from the W.P.L. of Lot 1.1-1 of Asbury Park; West to the Corporation Limits. 2. Central Avenue from the N.P. L. of Ninth Street to the S.P.L. of Fourth Street. 3. Drexel Avenue from the N.P.L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. 4. Eagle Point Park — Roadway. 5. Eighth Street Service Drive from the W.P.L. of Central Avenue to the Alley West of Central Avenue. 6. Fairfax Avenue from the N.P. L. of Van Buren Street to the S.P. L. of Pennsylvania Avenue. 7. Hamilton Street extension from the E.P.L. of Kerper Boule- vard to the E.P.L. of Lot 1-2-1 of Block 5 of River Front Sub. No. 3. 8. Hickson Avenue from the W. P.L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. 9. Loras Blvd. from the W.P.L. of Walnut Street to the E.P.L. of University Avenue. 10. Mamora Avenue from the N. P.L. of Fairfax Avenue to the S.P. L. of Pennsylvania Avenue. 11. Wisconsin Avenue from the W.P.L. of Marmora Avenue to the S.P.L. of Pennsylvania Avenue. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of pro- perty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned impro -erient, and unless property 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 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 the street fund. 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 assessed to and paid for by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 28th day of June, 1971. Approved and placed on file for final action. Approved Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. (Fixing date of hearing) RESOLUTION No. 185.71 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 183-71 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the ofice of the City Clerk for public inspection, for the CITY OF DUBUQUE 1971 ASPHALT PAV- ING PROJECT NO. 1 on the fol- lowing named streets: 1. Asbury Road from the W.P.L. of Lot 1.1-1 of Asbury Park; West to the Corporation Limits. 2. Central Avenue from the N.P. L. of Ninth Street to the S.P.L. of Fourth Street. 3. Drexel Avenue from the N.P. L. of Van Buren Street to the S.P. L. of Pennsylvania Avenue. Special Session, June 28, 1971 289 4. Eagle Point Park — Roadway. 5. Eighth Street Service Drive from the W.P.L. of Central Avenue to the Alley West of Central Ave- nue. B. Fairfax Avenue from the N.P. L. of Van Buren Street to the S.P. L. of Pennsylvana Avenue. 7. Hamilton Street extension from the E.P.L. of Kerper Boule- vard to the N.P.L. of Lot 1-2-1 of Block 5 of River Front Sub. No. 3. 8. Hickson Avenue from the N. P.L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. 9. Loras Blvd. from the W.P.L. of Walnut. Street to the E.P.L. of University Avenue. 10. Marmora Avenue from the N.P.L. of Fairfax Avenue to the S.P.L. of Pennsylvania Avenue. 11. Wisconsin Avenue from the W.P.L. of Marmora Avenue to the S.P.L. of Pennsylvania Avenue, 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 August. 1971, 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 own- ers of property subject to assess- ment for the proposed improve- ment may appear and make ob- jection 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 improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso- lution 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 pub- lished in some newspaper pub- lished 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 con- sideration and unless property owners at the time of final con• sideration of said resolution have on file with the Clerk objections thereto, at which hearing the Coun• cil will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Attest: Leo F. Frommelt City Clerk June 11, 1971 To the Honorable Mayor and City Council I hereby submit the City of Du- buque 1971 Concrete Paving with Integral Curb Project No. 1. Submitted June 21, 1971. John L. White, P. E, City Engineer Councilman Bitter moved that the communication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. RESOLUTION NO. 18671 Approval of Preliminary Esti- mate and proposed plans, specifi- cations, form of contract, plat and all other documents for construc- tion of CITY OF DUBUQUE 1971 CONCRETE PAVING WITH IN- TEGRAL CURB PROJECT NO. 1 on the following named streets: 1. Carnegie Stout Library — Bookmobile Drive Way. 2. Seventh Street from the W.P.L. of Central Avenue to the E.P.L. of Iowa Street, at an estimated cost of $17,958.93, presented and read. Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. 270 Special Session, June 28, 1971 (Necessity for Improvement) RESOLUTION NO. 187.71 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 boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. An estimate of the cost of the proposed improvement, stating the same for each dif. ferent type of construction and kind of material to be used. CITY OF DUBUQUE 1971 CON. CRETE PAVING WITH INTEGRAL CURB PROJECT NO. 1 1, Carnegie Stout Public Library —Bookmobile Driveway 2. Seventh Street from the W.P.L. of Central Ave. to the E.P.L. of Iowa Street 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 consideration of this proposed res- olution have on file with the City Cleric objections, they shall be deemed to have waived all objec- tions 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. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 28th day of June, 1971. Approved and placed on file for final action. Approved. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved ap- proval of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilman Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Fixing date of hearing) RESOLUTION NO. 188.71 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 186-71 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 1971 Concrete Paving with Integral Curb Project No. 1 on the following named streets: 1. Carnegie Stout Public Library - Bookmobile Drive Way. 2. Seventh Street from the W.P. L, of Central Avenue to the E.P.L. of Iowa Street 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 August 1971, 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 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 proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day Special Session, June 28, 1971 271 fixed for its consideration and un- less property owners at the time of final consideration of said reso- lution 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 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer. Pregler. Nays—None. RESOLUTION NO. 189-71 WHEREAS, the City of Dubuque has secured an easement from Ford Leasing Development Com- pany in connection with the in- stallation of an underground san- itary sewer; and WHEREAS, said Easement Agree- ment should be approved and de- livery thereof be accepted: NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That Easement Agree- ment by and between Ford Leas- ing Development Company and City of Dubuque, Iowa, dated June 1, 1971, 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 Easement Agreement for and on behalf of the City of Dubuque. Iowa and that delivery of Grant of Easement is herewith accepted Section 3. That the City Clerll be and he is hereby authorizes and directed to cause said Gran' of Easement to be recorded in the office of the Dubuque County Re corder. Passed, approved and adopted his 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays --None. RESOLUTION NO. 190-71 A resolution approving change in priority placing Tenth Street first in the study of Topics Im- provement as considered and re- ported by Barton-Aschman Associ- ates Inc., in its report dated June 4, 1x71 and directing the Manager to commence necessary proceed- ings, presented and read. Councilman Pregler moved that the resolution be referred to the Council meeting of August 2, 1971. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. June 22, 1971 The Honorable Mayor and City Council This is to advise you that the Town Clock Removal and Reloca- tion Project, has been completed in accordance with the plans, spec- ifications and verbal instructions by Walser Rapid Transit Co. Inc., of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. 272 Special Session, June 28, 197.1. FINAL ESTIMATE RESOLUTION NO. 191-71 WHEREAS, the contract for the Town Clock Removal and Reloca- tion Project 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 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 $23,737.94. That none of the cost thereof shall be assessable upon private property and $23,737.94 shall be paid from Private Donations. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. (A Resolution Accepting Improvement) RESOLUTION NO. 192.71 WHEREAS, the contract for the Town Clock Removal and Reloca- tion Project has been completed and the City Manager has exam- ined the work and filed his certifi- cate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. Passed, adopted and approved this 28th day of .lune, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 193-71 Approval of preliminary plans, specifications, form of contract, plat and all other documents for construction of Oeth Court Storm Sewer System Extension, 1971, at an estimated cost of $7420.93, pre. sented and read. Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION NO. 194.71 WHEREAS, proposed plans, spe- cifications, form of contract 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 show- ing among other things the follow- ing: 1. An estimate of the cost of the proposed improvement for the Oeth Court Storm Sewer System Extension -1971. 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 hereinmentioned improvement, 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 improvement, they shall Special Session, June 28, 1971 273 be deemed to have waived all ob- jections thereto. Said improvement 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 paid from the 1970 Storm Sewer Bond Issue. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 28th day of June, 1971. Approved and placed on file for final action. Approved: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen i Attest: Leo F. Frommelt City Clerk Councilman Bitter moved ap- proval of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. (Fixing Date of Hearing) RESOLUTION NO. 195.71 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 Oeth Court Storm Sewer System Extension -1971. BE IT THEREFORE RESOLVED that on the 19th day of August. 1971, a public hearing will be held at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract, to the cost of the improvement and the. City Clerk be and he is hereby di. rected to cause a notice of the time and place of such hearing to be published in some newspaper pub- lished in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. Passed, adopted and approved this 28th day of ,Tune, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None, RESOLUTION NO. 196.71 Approval of Preliminary Esti- mate, plans, specifications, form of contract, plat and all other docu- ments for the construction of West Third Street and Parkway Storm Sewer 1971, at an estimated cost of $8,095.34, presented and read. Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION NO. 197.71 WHEREAS, proposed plans, spe- cifications, 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 West Third Street and Parkway Storm Sewer -1971. 274 Special Session, June 28, 1971 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 resolution have on file with the City Clerk, objections to the amount of the cost of the improve- ment, 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 to be paid from 1969 Storm Sewer Bond Issue and Fin- ley Hospital Development Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 28th day of June, 1971. Approved and placed on file for final action. Approved: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. (Fixing Date of Hearing) RESOLUTION NO. 198-71 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 West Third Street and Parkway Storm Sewer -1971, BE IT THEREFORE RESOLVED that on the 19th day of August, 1971, a public hearing will be held at 7:30 P.M. in the Council Cham - her of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the pro. posed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad. vertise for proposals for the con- struction of the aforementioned im- provement. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 199-71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Dennis A. Altbaus, 1575 Central Avenue Bishop Buffet, Kennedy Mall William Baum, 1121 University Avenue Robert Beidler, 1122 Dodge Street Cock n' Bull, 2245 J. F. Kennedy Road Creslanes Bowling, Inc., 255 S. Main Street Patrick Chew, 665 Dodge Street William F. Dunne, 54 Locust Street Dubuque Yacht Basin, 1630 East 16th Street Special Session, June 28, 1971 275 D. A. V. Club, 2600 Dodge Plaza 20 Elks Club, 7th & Locust Street Mrs. Adele Fens, 210 West 1st Street Marco Giunta, 2022 Central Avenue Harry Gantert, 1301 Rhomberg Avenue William Hancock, 2205 Carter Road Arsenius Hanson, 107 Locust Street .John Herbst, 90 S. Locust Street John F. Hall, 2616 Windsor Avenue Donald Kies, 2620 University Avenue K -Mart, 2600 Dodge Street Catherine Lester, 1322 Central Avenue Thelma Lenstra, 410 West 8th Street James Lindecker, 305 Asbury Street Howard F. McCauley, 2195 Central Avenue Herman Meyers, 2600 Dodge Street Plaza 20 Shirley Mihalakis, 574 East 16th Street National Tea Company, 2013 Central Avenue National Tea Company, Kennedy Mall Osco Drug, Inc., 703 Main Street Joseph Polfer, 2612 Dodge Street Pusateri Bros., Inc., 2600 Dodge Street Randall's Foodarama, 2600 Dodge Street Plaza 20 Louis A. Ring, 11P5 Dodge Street Richard J. Ring, 115 West 11th Street Mr. Steak, 2600 Dodge Street Plaza 20 Sears Roebuck & Company, 300 S. Locust Street Sfikas Buffet, 926 Main Street Shike Richardson Motor, Inc., 1475 J. F. Kennedy Road Francis J. Shanahan, 2501 Rhomberg Avenue George Sorensen, 1105 University Avenue Lawrence Schwartz, 500 Rhomberg Avenue Jerry L. Udelhoven,1897 Clarke Drive Martin & Esther Westerfield, 2175 Central Avenue Martin & Esther Westerfield, 280 Locust Street Patrick Zaimes, 2600 Dodge Street Plaza 20 Donald C. Brimeyer, 1100 Lincoln Avenue Clark Super 100, 1005 Dodge Street Florence E. Chalder, 113 Main Street Lester & Marie Eichhorn, 1725 Delhi I.aVerne Hennen, Asbury & Kennedy Road Harry Kopple, 1098 University Avenue Ernest Kretz, 21st & Central Avenue Merchants Hotel, 304 Main Street Nabors of Iowa, Inc., 1920 Elm Street Frank Schwind, 2297 University Avenue Douglas L. Schlickman, 1450 Loral Blvd. Paul W. Schollmeyer, 176 Locust Street Earl Schumacher, 22nd & Central Avenue Earl Schumacher, 2850 Burlington Street Leone Tarry, 1091 White Street Robert E. Cahill, 402 Locust Street Victoria Ellis, 120 West 4th Street John F. Glynn, 760 East 16th Street Lorraine Gordon, 2327 Central Avenue Grandview Avenue Drug Store, 498 N. Grandview Avenue Clara L. Johnson, 1543 Central Avenue Holiday Oil Distr.,,Inc., 1401 Central Avenue Holiday Oil Distr., Inc., 400 Rhomberg Avenue Holiday Oil Distr., Inc., 605 Dodge Street Holiday Oil Distr.. Inc., 980 Dodge Street Loras College, 1450 Alta Vista John E. Noel, 2400 Central Avenue Gerald E. Miller, 2417 Rhomberg Avenue Vada Jean Nease, 400 Central Avenue Karl H. Oleson, 1701 Asbury Street Thomas J. Remy, 3355 Pennsylvania Avneue Mrs. George Scherer, 1187 Iowa Street Carl Van Duelman, 590 Clarke. Drive Eileen Wunder, 1046 Central Avenue Chuck N. Wong, 378 Main Street Apartment 5-A Lounge, 555 Kennedy Mall Robert L. Becker, 2418 Central Avenue 276 Special Session, June 28, 1971 Melville E. Donovan, 1876 Central Avenue Dungeon, Ltd., 3rd & Locust Street Donald Erne, 535 Hill Street Eagles Club, 175 Century Drive Cyril Fries, 201 East 22nd Street John Henry, 1646 Asbury Street Iowa Commission for the Blind, Post Office Building Roberti. Kehl, 62 Locust Street Marcella McCarty, 2093 Washington Street Jeanann Majerus, 253 Main Street John C. Neumeister, 729 Lincoln Avenue Charles Nestpby, 32nd & Central Avenue Betty Patrum, 555 Kennedy Mall Roshek Brothers Co., 555 Kennedy Mall Donald Sands, 2364 Washington Street H. W. Shetler, 1902 Central Avenue John L. Savary, 827 Dodee Street Stampfers Depar.ment Store, 8th & Main Street Charles J. Spielman, 2401 Windsor Avenue F. W. Woolworth Compnay, 55 Kennedy Mall Kniehts of Columbus, 781 Locust Street George K. Arvanitis, 1958 Central Avenue Beecher Oil Company, 2399 White Street Beecher Oil Company, 1691 Asbury Street Mrs. Alice Erschen, 2617 University Avenue Fischer Bowling Lanes, 880 Locust Street Carl Herburger, 2987 Jackson Street Milton Fink, 3175 Central Avenue Leone Rose Friedman, 620 East, 16th Street Elizabeth M. Krajnovich, 481 Locust Street Theodore G. Kanavas, 1689 Elm Street UP Giant Food Store, 1101 Rhomberg Avenue UP Giant Food Store, 2644 Pennsylvania Avenue E. J. McNamara, 1050 University Avenue Montgomery Ward & Co., 555 J. F. Kennedy Road Catherine M. Meyer, 503 East 22nd Street Office Grill, 7-B Fischer Building Melvin A. Spiegelhalter, 1029 Main Street Walgreen Drug Store, 555 J. F. Kennedy Mall Frank C. Weiland, 3198 Central Avenue Helen Weiner, 709 University Avenue Don E. Wertz, 1545 S. Grandview Avenue Clyde L. Bradley, 3275 Central Avenue Brammers, Inc., 1306 Delhi Mrs. Marian Bridge, 2038 Central Avenue Richard J. Hantelmann, 902 Main Street Kennedy Mall Cinema, Inc., 555 J. F. Kennedy Kenneth Jerome Love, 802 Central Avenue Frank J. & Phyllis Licciardi, 504 Bluff Street Gene Kopp, 951 Main Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Preoler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 200-71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Inwa, 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 Theodore G. Kanavas, 1689 Elm Street Special Session, June 28, 1971 277 Elizabeth Krajnovich, 481 Locust. Street Melvin A. Spiegelhalter, 1029 Plain Street Eileen Wunder, 1046 Central Avenue Donald T. Sand, 2364 Washington Street Arthur Pins, 2699 J. F. Kennedy Road Edward A. Bailey, 1298 Main Street Catherine M. Meyer, 530 East. 22nd Street Helen Weiner, 709 University Avenue John L. Savary, 827 Dodge Street Vada Jean Nease, 400 Central Avenue Fraternal Order of Eagles #568. 1175 Century Drive CLASS "C" BEER PERMIT Robert L. Becker, 2418 Central Avenue John F. Thompson, 3301 Pennsylvania Avenue John F. Thompson, 250 West 1st Street Welsh Enterprises, Inc., 620 S. Grandview Avenue Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 201.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby 3irected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Theodore G. Kanavas, 1689 Elm Street Eliazbeth Krajnovich, 481 Locust Street Melvin A. Spiegelhalter, 1029 Main Street Eileen Wunder, 1046 Central Avenue Donald T. Sand, 2364 Washington Street Arthur Pins, 2699 J. F. Kennedy Road Edgard A. Bailey, 1298 Main Street Catherine M. Meyer, 530 East 22nd Street Helen Weiner, 709 University Avenue John L. Savary, 827 Dodge Street Vada Jean Nease, 400 Central Avenue Fraternal Order of Eagles #568, 1175 Century Drive CLASS PC" BEER PERMIT Robert L. Becker, 2418 Central Avenue John F. Thompson, 3301 Pennsylvania Avenue John F. Thompson, 250 West 1st Street Welsh Enterprises, Inc., 620 S. Grandview Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 28th day of .Tune, 1971. Gavinrd M. Couchman Mayor Walter A. Prerler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adap- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 202.71 WHEREAS, applications for Liq- uor permits have been submitted 278 Special Session, June 28, 1971 to this Council for approval and the same have been examined, NOW THEREFORE Be It Re - 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 Asvembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Mrs. Colleen Wallace, 241 Main Street Edward A. Bailey, 1298 Main Street Aristo Foods of Iowa, Inc., 1111 Dodge Street Ramona Fettgather, 1103 Iowa Street Harry N. Gantert, 1301 Rhomberg Avenue Arthur W. Pins, 2699 J. F. Kennedy Road Riverside Bowl, Inc., 1860 Hawthorne Street Donald T. Sand, 2364 Washington Street John L. Savary, 827 Dodge Street Paul Schollmeyer, 176 Locust Street Eileen Wunder, 1046 Central Avenue Michael F. Pusateri, 2560 Dodge Street Creslanes Bowling, Inc., 255 S. Main Street Elizabeth M. Krajnovtch, 481 Locust Street Lorraine Gordon, 2327 Central Avenue Helen Weiner, 709 University Avenue Vada Jean Nease, 400 Central Avenue Alice H. Erschen, 2817 University Avenue Florence Herburger, 2987 Jackson Street Fischer & Company, Inc., 880 Locust Street Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 203-71 WHEREAS, applications for Liq. Fro Permits were filed by the with. in named applicants and they have received the approval of this Coun. cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Mrs. Colleen Wallace, 241 Main Edward A. Bailey, 1298 Main Street Aristo Foods of Iowa, 111 Dodge Street Ramona Fettgather, 1103 Iowa Street Harry N. Gantert, 1301 Rhomberg Avenue Arthur W. Pins, 2699 J. F. Kennedy Road Riverside Bowl, Inc., 1860 Hawthorne Street Donald T. Sand, 2364 Washington Street John L. Savary, 827 Dodge Street Paul Schollmeyer, 176 Locust Street Eileen Wunder, 1046 Central Avenue Michael F. Pusateri, 2560 Dodge Street Creslanes Bowling, Inc., 255 S. Main Street Elizabeth M. Krajnovich, 481 Locust Street Lorraine Gordon, 2327 Central Avenue Helen Weiner, 709 University Avenue Vada Jean Nease, 400 Central Avenue Alice H. Erschen, 2617 University Avenue Special Sessihn, June 28, 1971, 279 Florence Herburger, 2987 Jackson Street Fischer & Company, Inc., 880 Locust Street Passed, approved and adopted this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden hauer, Pregler. Nays—None. There being no further business Councilman Bitter moved to ad- journ. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Leo F. Frommelt City Clerk Approved September 27 1971 Adopted September 27 1971 Septeraber 271971 Regular Session, July S, 1971 281 CITY COUNCIL OFFICIAL f Regular Session, July 5, 1971. No members of the City Coun- cil being present the meeting was adjourned subject to call. Leo F. Frommelt Approved October 26, 1971 Adopted October 26, 1971 282 Adjourned Regular Session, July 8, 1971 CITY COUNCIL OFFICIAL Adjourned Regular Session, Ju- ly 6, 1971. Council met at 7:30 P.M. (D.S.T.) Present — Mayor Couchman, Councilmen Bitter, Pregler. City Manager Gilbert D. Chavenelle. Absent — Councilmen Meyers, Moldenhauer. Mayor Couchman read the call and stated that service thereof had been duly made and this is an AD- JOURNED METING OF THE REG- ULAR METING OF JULY 5, 1971, called for the purpose of acting upon such business as may prop- erly come before the meeting. Mr. Lester Streinz, manager of the Dubuque Automobile Club, presented the mayor with a Pedes- trianway Safety Citation one year achievement. Communication of Councilman Moldenahuer excusing his absence from Council meetings in the peri- od of June 30th to July 14th, pre- sented and read. Councilman Preg- ler moved that the communication be received and filed. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Moldenhauer. Communication of Dubuque As- sociation of the Blind expressing a desire to acquire the Naval Re- serve Building, located on city owned land, not now occupied by the Naval Reserve, for training of all kinds, presented and read. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Moldenhauer. Mr. Don Gagne, President of the local association for the blind, stat. ed that they are interested in ac. quiring the Navy building for the purpose of a repair shop, so the blind could develop skills and earn a decent livelihood. Their people must create their own jobs. In his estimation civil rights is not for the blind. Mayor Couchman moved that the communication for the blind be referred to the Council and City Manager. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Moldenhauer. June 21, 1971 Mayor Gaylord Couchman City of Dubuque Dubuque, Iowa 52001 Dear Mayor Couchman: Because I have been transferred to St. John's Parish in Waterloo, I must regretfully submit my resig- natlon from the Dubuque Human Rights Commission. I would like to thank the Coun- cil for their confidence in appoint. ing me to the Comission. It has been a good learning experience for me; I only regret that I did not have more time to put into practice what I had learned. But I am sure this experience will make me more sensitive to the Problems in Waterloo. Sincerely, Rev. Vincent J. Hatt Councilman Pregler moved that the resignation be accepted with regret and made a matter of rec. ord and requested the Mayor to send a letter of appreciation. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Moldenhauer. June 25, 1971 To the Honorable Mayor and City Council I herewith submit the report of the Water Superintendent for the month of May, 1971. Respectfully, Gilbert D. Chavenelle City Manager Mayor Couchman moved that the reoprt be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Moldenhauer. Adjourned Regular Session, July 6, 1971 283 June 25, 1971 To The Honorable Mayor and City Council This notice has not been com- plied with and I recommend to the City Council that. the provisions of Ordinance No. 35-52 be enforced and that the owner of said build. ing, known as 690 East 16th Street, and located on the East % of Lot 355 in East Dubuque Addition, City of Dubuque, Iowa, be required to dismantle said building and clean up the premises. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Couchman moved approv- al of the recommendation. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Moldenhauer. June 10, 1971 Mr. Gilbert D. Chavenelle City Manager Dear Sir: On April 6, 1971, an inspection was made of a two story, single family, frame residence building at 690 East 16th Street, Dubuque, Iowa. The interior and exterior of this home are unclean, unsanitary, di- lapidated and unfit for human oc- cupancy. 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 be taken to rectify this con- dition, The building is located on the East 1/2 of Lot 355 in East Dubuque Addition, City of Dubuque, Iowa, and is owned by John and Beverly Glynn, 155 Croydon Crest, Du- buque, Iowa 52001. Respectfully, Donald J. Bandy Building Commissioner Robert N. Dunphy Fire Chief I by Capt. Merlin Fuller Harold F. Zimmerman Housing Inspector June 14, 1971 Mr. & Mrs. John J. Glynn 155 Croydon Crest Dubuque, Iowa 52001 Dear Mr. & Mrs. Glynn: I have personally inspected the building known as 690 East 16th Street, Dubuque, Iowa, and locat- ed on the East % of Lot 355 in East Dubuque Addition, City of Dubuque, Iowa, and find the con- ditions as they have been report- ed to me by the Building Commis- sioner, Fire Chief and the Housing Inspector substantially correct, A copy of whose report is hereto at- tached and by reference made a part hereof. According to City Ordinance No. 35-52, you are hereby given ten (10) days notice to dismantle the building and clean up the prem- ises. Yours very truly, Gilbert D. Chavenelle City Manager July 2, 1971 To the Honorable Mayor and City Council I submit to you the audit reports by O'Connor, Brooks & Co. for the city accounts and the parking fa- cilities accounts for the year 1970. City Auditor Heitzman has a number of copies which are avail- able for your use. 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 Couchman, Coun- cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Moldenhauer. July 6, 1971 To the Honorable Mayor and City Council We are writing to request your affirmation on the purchase of cer- tain traffic signal and street light- ing equipment which will be in- stalled under a forthcoming con- struction contract principally in the downtown central business dis- trict. We touched on this subject briefly at our informal meeting on June 30, 1971. however, we wish to 234 Adjourned Regular Session, July 6, 1971 take this opportunity to discuss the matter in detail. As you are aware, all of the traffic signals in the Urban Renew- al and peripheral areas are being improved and upgraded to more ef- ficiently carry the projected traffic volumes. The street lighting in the area is also being improved for safer pedestrian and vehicular flow and to establish a sense of continuity to the project. To this end, when the first ma- jor signal program, Iowa Street, was contemplated in 1969, infor- mal bid proposals were received on the equipment involved in that contract. Three bids were received, Eagle Signal was the lowest bid- der. Their bid at that time was closely comparable to the prices submitted on a purchase basis. Because most of the existing equipment operating in the City is Eagle Signal and our parts inven- tory reflects this, we feel real ec- onomies of operation can be real- ized by continuing with this parts interchange capability. In the downtown area all of the signalized intersections will be interconnect- ed, internally sequenced, and pro- grammed by a master controller to change with the demands of traf- fic. For this reason it is critical all equipment purchased be com- patible with the total system. As we mentioned on June 30, 1971 we were able to save approxi- mately $2,000.00 in price increases taking efect July 1 by ordering the equipment on that date. The total dollar amount ordered is $17,638.00. The order was hand- led on several Purchase Orders all except one in amounts under $2,- 600.00. The exception was an order for the necessary 30' lighting stan- dards required on Central Avenue in the amount of $5,440.00. In the remainder of the project area we were able to salvage the existing Poles and re -use them on the im- proved streets. As we near the completion of the project, nineteen 30' standards are needed to com- plete the lighting system in the U.R. Project. These could have been included as an item to be furnished under the forthcoming construction contract, however, it has been our experience that a contractor adds 10-15% to the sup- pliers price on a material item in the contract. The lighting stand. ards are the same type as those in the balance of the project area and provide uniformity for the total system. In conclusion, we would ask your concurrence on the previously de- scribed purchase as being in the best interest of the total plan for the downtown area. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Couchman moved approv- al of the recommendation. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays —None. Absent — Councilman Meyers, Moldenhauer. July 6, 1971 To the Honorable Mayor and City Council A street light has been request. ed on Hennepin Street. The area has been investigated and it is recommended that a 4000 lumen light be located on a pole opposite 706 Hennepin Street. 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 Couchman, Coun- cilmen Bitter, Pregler. Nays — None. Absent — Councilman Meyers, Moldenhauer. Communication of James A. Wal- lace et al (10 signers) addressed to Mayor Couchman, advising of the formation of a citizen's com- mittee to investigate the need for Ecumenical Housing and its pro- posed location in the Urban Re- newal area, also being in opposi- tion to tax exempt properties for special interest groups who will Profit from Federally financed pro- jects and additional amendatories to the original approved Urban Re- newal project, presented and read. Mayor Couchman moved that the communication be received and filed. Seconded by Councilman Adjourned Regular Session, July 6, 1971 285 Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays — None. Absent — Councilmen Meyers, Moldenhauer. Communication of Hartford In- surance Group advising that the firm of Lane & Waterman ofDav- enport, Iowa, will defend the City, Cletus Golinvaux and Roger O'Brien to the extent provided by policy 91C7710477E insuring the City, presented and read. Council- man Bitter moved that the com- munication be received and filed and that a copy of same be trans- mitted to the City Attorney. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays — None. Absent — Councilman Meyers, Moldenhauer. June 29, 1971, Honorable Mayor and City Council On January 11, 1971, Selma Mas- sey, filed claim against the City of Dubuque, Iowa claiming personal injuries as the result of a fall on January 6, 1971 on an icy side- walk at or near 2241 Central Ave- nue in the City of Dubuque, Iowa. This matter was referred to the City Attorney who made an inves- tigation and determined that the claimant had suffered a broken arm and that her hospital and doc- tor bills totaled approximately the sum of $400.00; and loss of wages — $729.20 and that the said claim- ant has made an offer of settle- ment in the amount of $1,061.20 to which amount the insurance car- rier for the abutting property has agreed to pay $500.00 and the City shall pay $561.20. It is therefore recommended that the settlement offer be ap- proved and that the City Auditor be instructed to draw a warrant payable to Selma Massey and Blair Massey, husband and wife, in the amount of $561.20 and transmit same for delivery upon receipt of duly executed releases. 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 Couchman, Coun- cilmen Bitter, Pregler. Nays — None. Absent — Councilmen Meyers, Moldenhauer. ORDINANCE No. 33.71 An Ordinance establishing a grade on Tibey Court from the centerline of Waller Street to end of turn around, presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays — None. Absent — Councilman Meyers, Moldenhauer. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays — None. Absent — Councilmen Meyers, Moldenhauer. ORDINANCE No. 33-71 An ordinance establishing a grade on Tibey Court from the centerine of Weller Street to End of Turn Around. BE COUNCIL OFEDT HEYCITY OFITY DUBUQUE Section 1. That a gradeon Tibey Court from the centerline of Waller Street to End of Turn Around, be and the same is hereby esiablshed and adopted as shown by a profile of said Tibey Court and grade pre. numberby1607. City hEMark r,Poinofiof Arrow on Fire Hydrant at John F. Kennedy Road and Marywood Drive centerline of wader aireei tions of 875 3900 h thence on a1centerline 6lrade to station 0-88.27 having Right and Left Curb elevations of 876.29, thence Inv Right grade to Curb elevationof e to station 1 thence 38cT7 which is h e centerline ofof Turn Around, having an elevation of 876.79, thence on a 1.0% grade to station 1+88.27 having an elevation of 877.29 feet Section T. `thisordinance shall be In full force and effect Immediately Upon Its final passage and adoption and publication as provided by law. h ssedofaJutv 197id approved this 6t Gaylord M. Couchman Mayor Walter A. Pregler Joseph Council anter ATTEST_ Leo F. Frommelt City Clerk Published officially Irt The Telegraph - Herald Newspaper this 9th day of July 1971. Leo F, Frommelt City Clerk. 1t. 7/9 S86 Adjourned Regiilar Session, July 6, 1971 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: -Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays — None. Absent — Councilmen Meyers, Moldenhauer. ORDINANCE No. 31.71 An Ordinance establishing a grade on Suzanne Drive from the west curb line of St. John Drive to South End, presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays — None. Absent — Councilmen Meyers, Moldenhauer. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilm:!n Bitter, Pregler. Nays — None. Absent — Councilmen Meyers, Moldenhauer. ORDINANCE No. 31-71 An ordinance establishing a grade on Suzanne Drive from the West Curb Line of St John Drive to South End. BECOUIT NCIILL RDAOFETHE CITY OBY FITY be and hed and e of said Prepared number 1rrow_ on non or Yu5 Y6 and a Right Curb eleva- tion of 906.42, thence continuing on a 2.11M grade along the Right Curb and e 2.61.6 grade along the Left Curb to station 1+50 which Is the P.C. of a 100 foot Vertical Curve hevinp Left and Right Curb elevations of 909.50, to P., station 2+00 which Is the P.1. having Left and Right Curb eleva- tions of 909.66, thence fo station 2+50 cel Curvet having Leftaand RightVCurb elevations of 907.85 thence on a 5.61, grade to station 8+7S which is the having Left anted Rightt Curb elevations of 889.60 thence to station 6+25, which is the P.I. having Lett antl Right Curb elevations o1 Be7.39, thence to station 0p6o475 which Is the P.T. Left and fRighteCucal rb elevations of 886.37, thence tpp station 7+00 having 886 16 feet, Mence Curb a elevations+8ade to station 104-42.46 which Is the cen- ferline of West way, thence on a 0.86%. grade to station 13+00 having Left and Right Curb elevations of 881.00 feet. Section 2. This ordinance shall be In full force and effect Immediately upon its final oassage and adoption and publication as provided by law. Passed, adopted and approved this 6th day of July, 1911 Gaylord M. Couchman Mayor Walter A. Pregler Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 9th day of July 1971. Lea F. Frommelt City Clerk. It. 7J9 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays — None. Absent — Councilmen Meyers, Moldenhauer. ORDINANCE No. 32-71 An Ordinance establishing e grade on University Avenue for a distance of4349 foot from the centerline of Van Buren Street to John F. Kennedy Road presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays — None. Absent — Councilmen Meyers, Moldenhauer. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays — None. Absent — Councilmen Meyers, Moldenhauer. ORDINANCE No. 32-71 An ordinance establishing a grade on University Avenue for a distance Of 4349 feet from the centerline of Van Buren Street to John F. Ken nedy Road. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE Section 1. That a grade on Univer. slty Avenue for a distance of 4349 feet from the centerline of Van Buren Street to John F. Kennedy Road, be and the same Is hereby established and adopted as shown by a profile of said University Avenue and grade Prepared by the City Engineer Profile number 1604 Bench Mark: +oint of Arrow on Fire Hydrant at the Inter- section of John F. Kennedy Road and Adjourned Regular Session, July 8, 1971 287 University Avenue Elevation 797.18 feetsold grade begins at the can- Petition of Leo J. Lynch et al terline of Van Buren Street, which is (14 signers) requesting erection of station 0+00 with centerline elevation of 643.7 , th L the nP rade to a street light on the corner of which 250 foot Vertical Curve having North Hosaline and Klingenberg Terrace, and south curb elevation of 836.55 presented and read, Councilman feet. Thence to station 9+25 which Is the P.I.. having North and South curb 73.82 feet, thence to Pregler moved that the petition elevations of station 10+50 which is the P.T. of a be referred to the City Manager 250 font Vertical Curve having North and Electrical Inspector. Seconded and South curb elevations of 627.92 on 6lhgg ad i by Councilman Bitter. Carried by +, hence sto ection of o a University Avenue and Brown Avenue, the following vote: thence on a 6% grade to station 12+62.69 which is the Intersection of Yeas—Mayor Couchman, Coun- Prvsl Street and University Avenue, thence on a 6% Qrade to station 23+00 which is the P.G. of a 500 foot Vertl- cilmen Bitter Pregler. Nays—None. Cal Curve having North and South curbelevationsf 752.92 et, thence Absent — Councilmen Meyers, 25+50which is having North and south curb eleva- Maldenhauer. tions of 743.30 feet, thence to station 28400 which Is the P.T. of a 500 Petition of Fuhrman Realty re - foot Vertical Curve having North and curbelevations of 749.DG fret, questing rezoning of Lots 1, 2, 3 thence a to 324-50having North and south curb and 4 in Reeder Langworthy's Sub., elevations of 777.50 feet, thence on a 7% grade to station 35+50 having a I.Ot, 2 Of M. L. 68, Lot 4A of M. L. "A" Left Curb elevation or 7%.71 and a Right Curb elevation of 7%.N feet thence to station 38+00 having a Leff 149 from Local Business to $US1neSS District (Del Farm prop - Curb elevation of 805.83 and a Right of 801.19 feet, thence arty), presented and read. Coun- Curb elevation to station 41+00 having a Left Curb elevation of 802.60 and a Right Curt cilman Bitter moved that the peti- elevation of 802.42 feet, thence to tion be referred to the Planning station I1+50 having a Left Curb 801.09 a Right Curt & Zoning Commission. Seconded elevation 1 and elevation of 800.56, thence io station 13+19 which Is the centerline of Ac- by Mayor Couchman. Carried by cess Road off Route 20 to University the following vote: Avenue and John F. KennedyRoad having a Right Curb elevaion of Yeas—Mayor Couchman, Coun- 794.12and a Left Curb elevation of cilmen Bitter, Pregler. Section 2. This ordinance shall be In fulforce and effect Immediately Na s—None. Y upon its final passage and adoption and publication as provided by law. Absent — Councilmen Meyers, Passed, adopted and approved this Moldenhauer. 6th day of July, 1971. Gaylord M. Couchman June 24, 1971 Mayor Walter A. Pregler Honorable Mayor Counc i an1er and Council Members ATTEST: Leo F. Frommelt The City Planning and Zoning City Clerk Published olficlally in The Telegraph- aev Commission has reviewed the final JulHerald1971 ewspaper this 9th of plat of Block 1 and Block 2 in Leo F, Frommelt "Knob Hill Grove" in the City of City Clerk. It. 749 Dubuque, Iowa. Councilman Bitter moved final The Commission has found that adoption of the Ordinance. Second- the plat conforms to the pro - ed by Councilman Pregler. Carried posed plat for this area and meets by the following vote: the minimum requirements of the Yeas — Mayor Couchman, Coun- Subdivision Regulations. cilmen Bitter, Pregler. It is the recommendation of the Nays — None. Commission that the plat be ap- Absent — Councilmen Meyers, proved. Moldenhauer. Respectfully submitted, Petition of Roger J. Meyer et al, CITY PLANNING AND requesting graveling of alley an ZONING COMMISSION additional 75' to the rear of 1725 Don Gilson Alta Place, presented and read. City Planner Councilman Pregler moved that Councilman Pregler moved that the petition be referred to the the recommendation be received City Manager and Street Commis- and filed. Seconded by Council - sioner. Seconded by Councilman man Bitter. Carried by the follow - Bitter. Carried by the following ing vote: vote: Yeas—Mayor Couchman, Coun- Yeas—Mayor Couchman, Coun- cilmen Bitter, Pregler. cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Nays—None. Absent — Councilmen Meyers, Moldenhauer. Moldenhauer. 288 Adjourned Regular Session, July 6, 1971 RESOLUTION NO. 20471 RESOLUTION APPROVING THE PLAT OF Block 1 and Block 2 in "Knob Hill Grove" 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 1 and Block 2 in "Knob Hill Grove" in the City of Dubuque, Iowa, by John Duggan Trustee under the "Regina Duggan Trust"; and WHEREAS, upon said plat ap- pear streets to be known as Dug- gan Drive, together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been established, the streets brought to grade, or pav- ing, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Duggan 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 1 and Block 2 in "Knob Hill Grove" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, up. on said plat, provided the owners of said property herein named,exe. cute their written acceptance here. to attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Duggan Drive with bituminous concrete, or with concrete paving with inte- gral curb, all in accordance with City of Dubuque standard specifi- cations; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submit- ted with the plat; c. To install water mains and water service laterals in accord- ance 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 Engi. neer and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the in- spection of the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Subdivider, John Duggan, Trustee under the "Regina Duggan Trust," as owner; i. To construct said improve- ments, except sidewalks, prior to July 1, 1973, and to construct the sidewalks prior to July 1, 1975; and further provided that said John Duggan, Trustee under the "Regina Duggan Trust," as owner of said Subdivision, secure the per- formance of the foregoing condi- tions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event John Duggan, Trustee under the "Re- gina Duggan Trust", shall fail to execute the acceptance and furnish the security provided for in Sec- tion 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. PASSED, ADOPTED AND AP- PROVED by unanimous recorded roll call this 6th day of July, A.D., 1971. Gaylord M. Couchman Mayor Walter A. Pregler Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Adjourned Regular Session, July 6, 1.971 289 Acceptance of RESOLUTION No. 204-71 We, the undersigned John Dug- gan Trustee of Regina Duggan Trust having read the terms and conditions of the foregoing Reso- lution No. 204-71 and being fa- miliar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 29th day of July, 1971. John Duggan Trustee of Regina Duggan Trust by John Duggan. TO: Leo F. Frommelt City Clerk This is to certify that the secur. ity provided by the foregoing RES- OLUTION ESOLUTION NO. 204-71 has been fur- nished by the owners. Dated at Dubuque, Iowa, this 29th day of July, 1971. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Moldenhauer. RESOLUTION NO. 205.71 WHEREAS, the City of Dubuque, Iowa, is required to grant to the United States of America, et al, permission to enter upon the lands, easements, rights-of-way, and other properties of said City in connec- tion with the Dubuque Flood Pro- tection Project; and WHEREAS, the City Attorney is required to execute a certificate as to right-of-way in connection with the Dubuque Flood Protec- tion project; and WHEREAS, by reason of certain changes "Supplement No. 8 to Right -of Entry" be and the same are hereby approved. NOW THEREFORE BE 1T RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the grant to the United States of America, its offi- cers, employees, agents, sucessors and assigns and the Government contractors, their officers, em- ployees, agents, successors and as- signs, the right of entry on lands, easements, rights-of-way and other properties of said City as more fully set out in Exhibit "A" at- tached hereto entitled "Supple- ment No. 8 to Right -Of -Entry" be and the same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and directed to execute the same for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy hereof in the office of the Dubuque County Recorder. Section 3. That the execution of City Attorney's certificate as to "Supplement No. 8 to Right -Of -En- try" marked Exhibint "B" and hereto attached, executed by R. N. Russo, City Attorney, be and the same is hereby approved, ratified and confirmed. Passed, adopted and approved this 6th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Moldenhauer. RESOLUTION NO. 206.71 Approving and Authorizing the Submision of a Workable Pro- gram for Community Improve- ment for the City of Dubuque. WHEREAS, the City of Dubuque recognizes and confirms its respon- sibility to exercise its full range of powers to initiate, undertake and otherwise promote and encour- age programs of community im- provements which will: 1. Provide an adequate supply of standard housing for all of its citizens within their financial means in neighborhoods struc. tured to serve the needs and desires of its residents; 2. Provide an environment that is free from pollution and con. tamination; 290 Adjourned Regular Session, July 6, 1971 3. Provide an efficient traffic cir- culation and signal system de- signed to minimize travel time and to maximize traffic move- ment to, from and through all areas of the city without sacri- fice to the integrity of neigh- borhoods; 4. Provide a park and recreation system to serve all of the lei- sure time needs and desires of all age groups; 5. Provide a program of public improvements to modernize or replace obsolete and inadequate public facilities; and 6. Provide community -wide and neighborhood participation on the part of responsible individ- uals and representative citizens organizations which will help to provide, both in the commu- nity generally and in selected areas, the understanding and support necessary to accomplish community goals; and WHEREAS, the City of Dubuque has prepared a report of its achievements, work currently un- dertaken, and its plans for the con- tinued progress in identifying and attaining community goals, now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the Mayor is hereby authorized to execute and to file with the Department of Housing and Urban Development, United States of America, a Work- able Program for Community Im- provement for the City of Du- buque. Passed, adopted, and approved this 6th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Moldenhauer. June 30, 1971 To the Honorable Mayor and City Council The 1970 Concrete Paving Proj- ect with Integral Curb No. 1 which includes Fourth Street from Iowa to Main, Fifth Street from Central to Locust, and Ninth Street from Central to Main Street has been completed in accordance with the plans and specifications by the Flynn Company, Inc. of Dubuque, Iowa. A portion of 4" sidewalk on the south side of Ninth Street from Main Street east to the alley could not be completed at this time be- cause of new building construction adjacent to this area. Flynn Com- pany has agreed to install this sec- tion of walk at their original bid price when the work can be com- pleted in a few weeks. $2,720.00 will be set aside for payment of this walk construction. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Couchman moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Moldenhauer. FINAL ESTIMATE RESOLUTION NO. 207.71 WHEREAS, the contract for the 1970 Concrete Paving Project with Integral Curb No. 1 which in- cludes: Fourth Street --Main to Central Fifth Street—Locust to Central Ninth Street—Main to Central has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $141,553.98. That none of the cost thereof shall be assessable upon private property and $141,553.38 shall be Paid from the Road Use Tax and Adjourned Regular Session, July 6, 1971 291 Utilities Fund of the City of Du- buque. Passed, adopted and approved this 6th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Prgeler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Moldenhauer. (A Resolution Accepting Improvement) RESOLUTION NO. 208.71 WHEREAS, the contract for the 1970 Concrete Paving Project with Integral Curb No. 1 which includes: Fourth Street—Main to Central Fifth Street—Locust to Central Ninth Street—Main to Central has been completed and the City Manager has examined the work and filed his certificate statine that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Road Use Tax & Utilities Funds. Passed. adopted and approved this 6th day of July, 1971. Gaylord M. Couchman Mayor Waiter A. Pregler Joseph J. Bitter Attest: Leo F. Frommelt City Clerk Vouncilman Pregler moved adop of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Moldenhauer. RESOLUTION NO. 209.71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette papers within said City. Cruso A. Alba. 2601 Jackson Street. Bridge Restaurant & Lounge, 31 Locust Street Dubuque Marina, Inc., New City Harbor Linnie Dunbar, 504 Central Avenue Florance Deutsch, 45 West 13th Street D. B. Q. Inc., 4th & Locust Street William P. Fransen, 1900 Washing - tor Street Raphael William Grant, 3050 As- bury Street Richard T. Hillard, Prince & East 22nd Street John R. Hirsch, 206 West 3rd Street Gerald Clarence Kirchberg, 3165 Central Avenue Phillip Langas, 1105 Loras Blvd. Melvin L. & Leonette Kreiman, 2222 Central Avenue Russell E. Myers, 1616 Central Ave. nue Max Rettenberger, 960 Dodge Street Richard N. Stecklein, 450 West Lo- cust Street Lloyd W. Heaver, 30 Locust Street, Kathleen Wedig, 1399 Jackson Street Wm. J. White, 1993 Asbury Street Harold B. Welter, 534 Rhomberg Avenue Herbert Bisping, 1401 Elm Street Gene C. Evarts, 2678 Central Ave- nue Mister Donut, 914 Dodge Street Mrs. Doris Riekena, 485 Central Avenue Judith A. Schiel, 2199 University Avenue Dennis K. Manahl, 3201 Central Avenue Gerald L. Robinson, Nesler Center 8th & Central 292 Adjourned Regular Session, July 6, 1971. BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 6th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays—None. AbRent — Councilmen Meyers, Moldenhauer. RESOLUTION NO. 210.71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Catherine Lester, 1322 Central Ave- nue Passed, adopted and approved this 6th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Moldenhauer. RESOLUTION NO. 211-71 WHEREAS, applications for Beer permits were filed by the within named applicants and they have received the approval of this Coun. cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di. rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Catherine Lester, 1322 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap. plicants be and the same are here- by approved. Passed, adopted and approved this 6th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Moldenhauer. RESOLUTION NO. 212.71 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Richard Stecklein, 450 West Locust Street Russell E. Myers, 1618 Central Ave- nue Kenneth Jerome Love, 802 Central Avenue Marcella McCarty, 2093 Washing- ton Street Melvin L. or Leonetta Kreiman, 2222 Central Avenue Adjourned Regular Session, July 6, ]971 293 Passed, adopted and approved this 6th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Joseph J. Bitter Councilmen Attest: Leo F. Frommelt. City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Moldenhauer. Nays — None. RESOLUTION NO. 213-71 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 comnly 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 Richard Stecklein, 450 West Locust Street Russell E. Myers, 1618 Central Aver nue 1 Kenneth Jerome Love, 802 CentVj l Avenue Mracella McCarty, 2093 Was hi g ton Street Melvin L. or Leonetta Krei n, 2222 Central Avenue Passed, adopted and approved this 6th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Moldenhauer.. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Pregler. Nays—None. Absent — Councilmen Meyers, Moldenhauer. Leo F. Frommelt City Clerk 2 October Approved .................................... 6T' 61971 2 ...c ............................ itv Clerk 294 Special Session, July 19. 1971 CITY COUNCIL OFFICIAL Special Session, July 19, 1971. Council met at 7:30 P.M. (D.S.T.) Present — Mayor Couchman, Councilmen Meyers, Moldenhauer, Pregler. City Manager Gilbert D. Chavenelle. Absent — Councilman Bitter (out of the City). Mayor Crouchman read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidering awards of contracts for the construction of West Third Street -Parkway and Oeth Court storm sewers and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Councilman Bitter extending regrets of his in- ability to attend the Council meet- ing of July 19th, presented and read. Councilman Pregler moved that the communication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Communication of Commission on the Aging of the State of Iowa, advising of passage of legislation making it possible for older Iowans to receive well earned recognition to allow allocation of funds to pro- vide programs, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent — Councilman Bitter. Communication of Dubuque Council of Churches, Social Action Commiss?on, indicating their con. tinued interest in the establish- ment of a law enforcement center and requesting a referendum for a revised City -County law enforce- ment Center, presented and read. Mayor Couchman moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent — Councilman Bitter. Communication of Catholic Mothers Study Clubs of Dubuque submitting a plan of placing con- tainers at various points through- out the City to relieve the litter problem, presented and read. Coun- cilman Pregler moved that the communication be. referred to the Manager and Staff for investiga- tion and report. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. July 9, 1971 To the Honorable Mayor and City Council I am returning to you the peti- tion requesting a street light at the intersection of Rosaline and Klingenberg Terrace. The area has been investigated and it is recommended that a 4000 lumen incandescent street light be installed at the southeast corner of the intersection. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. July 8, 1971 To the Honorable Mayor and City Council It is recommended that five 176 watt Mercury Vapor Lights be in- stalled on Pennsylvania Avenue at the following locations: One fixture at the intersection of Rosemont and Pennsylvania. Special Session, July 19, 1971 295 One fixture at the west drive- way of Hempstead High School and Pennsylvania. One fixture at the east driveway of Hempstead High School and Pennsylvania. One fixture at the parking lot driveway of Hempstead High School and Pennsylvania. One fixture midway between the parking lot driveway of Hempstead High School and Vizaleea Drive on Pennsylvania. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. July 15, 1971 To the Honorable Mayor and Members of the City Council, This is to advise that I have ap- proved the following policy and bond, and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY Ken Schromen, Bituminous Casual- ty Corporation SIDEWALK Clarence (Barney) Grutz, United Fire & Casualty Company Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of filing subject to approval of the City Attorney. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. July 16, 1971 To the Honorable Mayor and City Council Your staff has requested that an engineering contract be executed with the firms of Henningson, Dur- ham & Richardson, Inc. and Cullen- Schiltz & Associates Engineering ^^ ^91ty for engineering services d Waste Disposal Facilities. Please find enclosed copies of Mr. Cletus Allen's request and the contract of Henningson, Durham & Richardson, Inc. and Cullen-Schiltz & Associates Engineering Compa- ny. We are submitting this to you at this time for your review of said contract so that at the Coun- cil meeting of August 2, 1971 we would obtain your decision. It is my recommendation that the said contract be executed and request that your Honorable body grant the City Manager the au- thority to sign said contract. Respectfuly submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved to re- fer the communication and con- tract to August 2nd meeting for official deliberation. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. July 16, 1971 To the Honorable Mayor and City Council I herewith submit the report of the City Treasurer for the month of June and a list of claims for ,lune submitted by the City Audi- tor. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. July 9, 1971 Hon. Mayor & City Council On January 18, 1969, Helen Shaf- fer and Harold Shaffer commenced an action in the District Court of Dubuque County, Iowa against the City of Dubuque claiming damages in the amount of $60,000.00 for in- juries to Helen Shaffer and claim- ing damages in the amount of $10,000.00 for plaintiff, Harold 296 Special Session, July 19, 1971 Shaffer, spouse of Helen Shaffer, and said action having been pre- ceded by notice to the City of Dubuque of claim for injuries al- legedly received on December 17, 1967 while plaintiff, Helen Shaf- fer, was walking on the public walk abutting the premises of 109 E. 32nd Street in the City of Du- buque, Iowa and as a result of which defect, she fell and frac- tured her hip and injuring her knee and incurring substantial medical expense and suffering, and resulting ir a permanent disabil- ity of twenty-five percent of the whole person. The foregoing mat- ter was heard in the District Court of Dubuque County, Iowa before a jury and the jury trial which com- menced on July 6, 1971 and on July 8, 1971 an offer of settlement was made in the amount of $5,000.00. It is to be borne in mind that the City brought in the property owner as a cross-defendant and who resisted the claim of the plain- tiff together with the City. Of said amount of settlement, it would be expected that the City would pay one-half thereof or in the amount of $2.500.00 and it is the recommendation of the City Attorney that said offer of settle- ment be accepted and that the City undertake and agree to pay the court costs to the extent of one-half thereof and in addition thereto, that the City Attorney be authorized and empowered to con- fess judgment for and on behalf of the City in the amount of $2,500.00, same to bear interest at the rate of 5% commencing from the date of entry of said judgment in order that the same may be budgeted for the year 1972 as the statute provides. Original petition with notice and original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Councilman Pregler, Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None, Absent --Councilman Bitter. Notice of Appeal and objection to the amended Recreation Depart- ment budget, submitted by the County Auditor, objecting to the increase in budget due to the Hempstead swimming program, presented and read. Mayor Couch- man moved that the notice be re- ferred to the City Solicitor. See. onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Notice of claim of Simonsen's Nursery Inc. in the amount of $1676 against Nauman Nursery and Goerdt Construction for non- payment of trees purchased for the Urban Renewal project, pre- sented and read. Mayor Couchman moved that the notice of claim be referred to the City Solicitor for invesitgation and report. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Notice of claim of Flomatcher Co. Inc. against Westphal & Com- pany and Healy Mechanical Con- tractors Inc. in the sum of $3,342.94, for labor and merchan- dise furnished in the construction of the Cedar Street Pumping Sta- tion, presented and read. Coun- cilman Pregler moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Notice of claim of Mrs. Gert- rude M. Loibl, in an unestimated amount, for personal injuries re- ceived in a fall on steps in Eagle Point Park on June 15, 1971, pre- sented and read. Councilman Preg- ler moved that the notice of claim be referred to the City Solicitor for invesitgation and report. See- Special Session, July 19, 1971 297 I onded by Councilman Meyers. Car- Park Sub. No. 3 from Single Fa- ried by the following vote: mily Residence District. Classifi- Yeas — Mayor Couchman, Coun- cation to Multiple Residence Dis- cilmen Meyers, Moldenhauer, Preg- trict Classification, presented and ler. read. Nays—None. No written objections were filed Absent—Councilman Bitter. and no oral objectors were present. July 16, 1971 in the Council Chamber at the time set for the public hearing. Council - Hon. Mayor & City Council man Meyers moved that the proof On the 29th day of April, 1970, of publication be received and fi- a suit in the District Court of Du- led. Seconded by Councilman Preg- buque County, Iowa wherein Trans- ler. Carried by the following vote: america was named plaintiff and Yeas — Mayor Couchman, Coun- City of Dubuque named defendant cilmen Meyers, Moldenhauer, Preg- was filed, wherein the plaintiff ler. claimed of the City of Dubuque Nays — None. the amount of $50,000.00 as the re- Absent — Councilman Bitter. sult of alleged acts of negligence ORDINANCE No. 30.71 by the City of Dubuque in the r.- AN ORDINANCE AMENDING sponse to and in the manner of fighting the fire at Rainbo Oil on AND CHANGING ORDINANCE "ZO- the 8th day of February, 1969 and NO. 3-34 KNOWN AS THE in which petition specific acts of NING MAP AND ZONING OR - negligence are charged. DINANCE OF THE CITY OF DUBUQUE, IOWA" SO AS TO The matter was referred to the CHANGE CERTAIN PROPERTY City Attorney who in turn referred HEREINAFTER D E S C R I B ED the same to the appropriate City FROM "SINGLE FAMILY RESI- Agency and this matter has been DENCE DISTRICT" CLASSIFI- pursued to various stages suits CATION TO "MULTIPLE RESI- including Dismissal of otherr plain- DENCE DISTRICT" CLASSIFI- tiffs insurance companies against the City of Dubuque and this writ CATION , er has been advised by the repre- said Ordinance having been pre- and read at the sentative of the agency to whom viously presented Council meeting of June 28, 1971, this matter had been referred to for final adoption. that this matter has been amic- presented ably disposed of and that same is no expense to the City Of Du- ORDINANCE NO. 30.71 AN ORDINANCE AMENDING AND NO. 3.34 at buque. CHANGING ORDINANCE KNOWN AS THE 'ZONING MAP AND ZONING ORDINANCE OF THE Wherefore, the City Attorney re- ro CHANGE DUBUQUE,CERTAI PROPERTY spectfully prays the City Council HEREINAFTER DESCRIBED FROM 'SINGLE FAMILY RESIDENCE DIS- to approve this report and that the copy of original notice with TRICT" CLASSIFICATION TO "MUL- TIPLEFI RESIDENCE DISTRICT" is herewith attached. TOR CLASSpetition THEREFOR BECITY COUNCIL Respectfully submitted, DHOW BY THE OF THE CITY OF DUBUQUE, IOWA: That Ordinance No. 334 R. N. RUSSO City Attorney Section 1. known as the -zoning Map and Zon- Ina Ordinance of the City of Dubuque, the same is hereby Mayor Couchman moved approv- Iowa" be and amended by. changing from ' Single Residence District clasv al of the report. Seconded b Coun- Y Family is teflon to 'Multiple Residence Dis the following de- oilman Pregler. Carried by the fol- trict, classification scribed real estate, to -wit: Sunset Park Subdivi- lOWing Vote: Block S1 of sion it3, In the City of Dubuque, Yeas — Mayor Couchman, Coun- Iowa. section 2. That the foregoing Meyers, Moldenhauer, Preg cilmen Me y Amendment has heretofore been api Planning and Zoning ler. proved by the Commission of the City of Dubuque, Nays—None. Iowa. Passed, approved and adopted this Absent—Councilman Bitter. 19th day1. OfJu M1Cuuchman, Mayor Proof of Publication, certified Wader A. Preg er Wayne A. Moldenhauer to by the Publisher, of Notice of Donald R. Meyers Councilmen public hearing to consider a pro- ATTEST, Leo F.Fkommelt City Cler posal to amend Ordinance No. 3-34 Tele- raOfficially ths22I graph -Herald spaper rd known as the Zoning Map and Zon- day of Jutr 1971. LeoF. Frommelt ing Ordinance of the City so as City Clerk. to change Block No. 1 of Sunset 1t. 7i22 298 Special Session, July 19, 1971 Councilman Pregler moved final adoption of the Ordinance. Se- conded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. ORDINANCE No. 34-71 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34 KNOWN AS THE "ZO- NING MAP AND ZONING OR- DINANCE OF THE CITY OF DU- BUQUE, IOWA" SO AS TO CHANGE PART OF HARDT PLACE FROM "SINGLE FAMI- LY RESIDENCE DISTRICT" CLASSIFICATION TO "MULTI- PLE RESIDENCE DISTRICT" CLASSIFICATION, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Councilman Meyers moved that a public hearing be held on the Ordinance on August 9th, 1971, at 7:30 o'clock P.M. in the Coun- cil Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Se. conded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg. ler. Nays — None. Absent — Councilman Bitter. Petition of Wm. J. Kerstein et ux requesting permission to con. struct a fence around a city owned lot adjacent to their property at 1114 Garfield Ave., next to the Fengler Street overpass, presented and read. Councilman Moldenhauer moved that the petition be referr- ed to the Manager and Solicitor for investigation and report. Se. conded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Petition of Peoples Protectors, requesting to be heard at the Coun- cil meeting of July 19, 1971 co- vering Federal Housing, Urban Re- newal, and Community Improve- ment, also submitting a petition covering same which was present- ed at the Council table, and re- questing delay of all programs and expenditures until they can be thoroughly investigated by all con- cerned citizens, presented and read. Mayor Couchman moved that the petitions be received and filed Seconded by Councilman Molden- hauer. Carril-.A by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent—Councilman Bitter. Petition of Disabled American Vets requesting permission to con- duct Forget Me Not Flo, :er days on August 13th and 14th or Au- gust 27th and 28th, presented and read. Mayor Couchman moved that the petition be granted. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays -- None. Absent — Councilman Bitter. Petition of N.W. Bell Telephone Co. requesting permission to exca- vate at 2nd street in the alley of Main Street, presented and read. Councilman Pregler moved appro- val if completion is done within a reasonable length of time. Se- conded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Special Session, July 19, 1971 299 Petition of Joseph D. Vogt ex- pressing an interest in the pos- sible purchase of a piece of city - owned property next to his in the 600 block of Kane Street, present- ed and read. Councilman Pregler moved that the petition be refer- red to the City Manager and staff. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Petitions of John Kohnen et al requesting the installation of a sanitary sewer in the ditch along John F. Kennedy Road, presented and read. Councilman Pregler moved that the petition be referred to the meeting of August 2nd, 1971. Seconded by Councilman Mol- denhauer. Carried by the following vote: Years — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg ler. Nays — None. Absent — Councilman Bitter. Petition of Dubuque Town Clock Plaza Task Force requesting per- mission to conduct a parade on August 12th as part of official opening and dedication of the Town Clock Plaza, presented and read. Councilman Pregler moved that the petition be granted and re- ferred to the City Manager for implementation. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Proof of Publication, certified to by the Publisher, of notice of public hearing on the resolution of necessity for construction of W. 3rd Street and Parkway storm sewer, presented and read. No written objections were filed and no oral objectors were pre- sent in the Council Chamber at the time of the hearing. Councilman the proof of ..pill—i and Iman Pregler moved that publication be re- filed. Seconded by Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. (Necessity for Improvement) RESOLUTION NO. 197-71 WHEREAS, proposed plans, spe- cifications, and form of contract have been drily 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 West Third Street and Parkway Storm Sewer -1971. 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 reso- lution 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 to be paid from 1969 Storm Sewer Bond Issue. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 28th day of June, 1971. Approved and placed on file for final action. Record of Final Adoption The foregoing resloution was fi- nally passed and adopted, as pro- posed, by the City Council this 19th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk 300 Special Session, July 19, 1971 Councilman Pregler moved final adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. (Ordering Construction) RESOLUTION NO. 214-71 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA that pursuant to a Resolution of Necessity No. 197-71 which was duly passed by this Council for the improvement of WEST THIRD STREET AND PARKWAY STORM SEWER -1971 Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own- ers. 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 the 1969 storm sewer Bond Issue. 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 19th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Proof of Publication, certified to by the Publisher, of notice to Contractors of receipt of proposals for construction of W. 3rd Street and Parkway Storm Sewer, present. ed and read. Councilman Pregler moved that the proof of publica. tion be received and filed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- rilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. July 16, 1971 To the Honorable Mayor and City Council Gentlemen: Pursuant: to your instructions, sealed proposals were received un- til 10:00 A.M. D.S.T., Friday July 16, 1971 for the West Third and Parkway Storm Sewer -1971. Three (3) proposals were receiv- ed on this project. The low bid was submitted by Tschiggfrie Excavat- ing. Their bid was 5.25% below Engineers estimate. I recommend that the contract for the improvement be awarded to the Tschiggfrie Excavating of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- -ilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. (Awarding Contract) RESOLUTION NO. 215-71 WHEREAS. sealed proposals have been submitted by contract- ors for the WEST THIRD and PARKWAY STORM SEWER -1971 pursuant to Resolution No. 198.71 and notice to bidders published in a newspaper published in said City on July 1, 1971 and July 8, 1971; and WHEREAS, said sealed proposals were opened and read on July 16, 1971, and it has been determined that the bid of Tschiegfrie Excavat- ing, 4833 River Road of Dubuque, Iowa in the amount of $6,973.10 was the lowest bid for the furnish- ing of all labor and materials and nerforming the work as provided for in the plans and specifications; now therefore, Special Session, July 19, 1971 301 BE IT RESOLVED by the City Council of the City of Dubuque that the contractfor 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 IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con. tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 19th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved ad- option of the resolution. Second -d by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Proof of Publication, certified to by the Publisher, of Notice of public hearing on Resolution of Necessity and proposed plans, specifications, form of contract and cost of improvement for the construction of Oeth Court Storm Sewer System Extension, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman :Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. (Nec-ssity for Improvement) RESOLUTION No. 194.71 WHEREAS, proposed plans, spe- cifications, form of contract 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 show- ing among other things the follow- ing: 1. An estimate of the cost. of the proposed improvement for the Oeth Court Storm Sewer System Exten- sion — 1971. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of pro- perty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, and unless property 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 cost of improvement, they shall be deemed to have waived all ob- jections thereto. Said improvement 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 makinv said improve- ment will be paid from the 1989 Storm Sewer Bond Issue. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 28th day of June, 1971. Approved and placed on file for final action. Record of Final Adoption The foregoing resolution was finallypassed and adopted, as pro- posed, by the City Council this 19th day of July 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved final adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. 300 Special Session, July 19, 1971 Councilman Pregler moved final adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers. Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. (Ordering Construction) RESOLUTION NO. 21471 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA that pursuant to a Resolution of Necessity No. 197-71 which was duly passed by this Council for the improvement of WEST THIRD STREET AND PARKWAY STORM SEWER -1971 Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own- ers. 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 the 1969 storm sewer Bond Issue. BE IT rURTHER 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 19th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Proof of Publication, certified to by the Publisher, of notice to Contractors of receipt of proposals for construction of W. 3rd Street and Parkway Storm Sewer, present. ed and read. Councilman Pregler moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- oilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. July 16, 1971 To the Honorable Mayor and City Council Gentlemen: Pursuant to ,your instructions, sealed proposals were received un- til 10:00 A.M. D.S.T., Friday July 16, 1971 for the West Third and Parkway Storm Sewer -1971. Three (3) proposals were receiv- ed on this project. The low bid was submitted by Tschiggfrie Excavat- ing. Their bid was 5.25% below Engineers estimate. I recommend that the contract for the improvement be awarded to the Tschiggfrie Excavating of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- oilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. (Awarding Contract) RESOLUTION NO. 215-71 WHEREAS, sealed proposals have been submitted by contract- ors for the WEST THIRD and PARKWAY STORM SEWER -1971 pursuant to Resolution No. 198-71 and notice to bidders published in a newspaper published in said City on July 1, 1971 and July 8, 1971; and WHEREAS, said sealed proposals were opened and read on July 16, 1971, and it has been determined that the bid of Tschiggfrie Excavat- ing, 4833 River Road of Dubuque, Iowa in the amount of $6,973.10 was the lowest bid for the furnish- ing of all labor and materials and nerforming the work as provided for in the plans and specifications; now therefore, Special Session, July 19, 1971 301 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 IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 19th day of July. 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt. City Clerk Councilman Pregler moved ad- option of the resolution. Second by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Proof of Publication, certified to by the Publisher, of Notice of public hearing on Resolution of Necessity and proposed plans, specifications, form of contract and cost of improvement for the construction of Oeth Court Storm Sewer System Extension, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. (Nee-ssity for Improvement) RESOLUTION No. 194.71 WHEREAS, proposed plans, spe- cifications, form of contract 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 show- ing among other things the follow- ing: 1. An estimate of the cost of the proposed improvement for the Oeth Court Storm Sewer System Exten- sion — 1971. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of pro- perty owners, deems it advisable and necessary for the public wel- fa:•e to make the hereinmentioned improvement, and unless property 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 cost of improvement, they shall be deemed to have waived all ob- jections thereto. Said improvement 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 paid from the 1969 Storm Sewer Bond Issue. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 28th day of June, 1971. Approved and placed on file for final action. Record of Final Adoption The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 19th day of July 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved final adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. 302 Special Session, July 19, 1971 (Ordering Construction) RESOLUTION No. 216.71 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA that pursuant to a Resolution of Necessity No. 194.71 which was duly passed by this Council for the improvement of Oeth Court Storm Sewer System Extension — 1971. Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own- ers. All work shall be constructed in accordance with the plans and spe- cifications 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 the 1969 Storm Sewer Bond Issue. BE IT FURTHER RESOLVED that this resolutinn be;ng deemed urnent and of IMMEDIATE NE CESSTTY shall be in force and ef- fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 19th day of July, 1971. Gavlord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of receipt of proposals for construction of Oeth Court Storm Sewer System Extension, presented and read. Mayor Couchman moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg. ler. Nays — None. Absent — Councilman Bitter. July 16, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 A.M. D.S.T., Friday, July 16, 1971 for the Oeth Court Storm Sewer System Extension — 1971. Three (3) proposals were re. ceived on this project. The low bid was submitted by Tschiggfrie Ex- cavating. Their bid was 28.72% be- low Engineers estimate. I recommend that the contract for the improvement be awarded to the Tschiegfrie Excavating of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation be approved. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. (Awarding Contract) RESOLUTION No. 217-71 WHEREAS. sealed proposals have been submitted by contractors for the Oeth Court Storm Sewer Sys. tem Extension — 1971 pursuant to Resolution No. 195-71 and notice to bidders published in a news. paper published in said City on July 1, 1971 and July 8, 1971; and WHEREAS, said sealed proposals were opened and read on July 16, 1971, and it has been determined that the bid of Tsehiggfrie Exca- vating, 4833 River Road of Du- buque, Iowa 52001 in the amount of $4,814.15 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 upon the signing of said 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. Special Session, July 19, 1971 303 BE IT FURTHER RESOLVED, that, upon signing the said of con - contract and the approval the contractors bond the City Treas- urer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 19th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas —'_Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Communication of Schlitz Devel- opment Corporation requesting that the name of a street be cor- rected to read Winne Court in place of Winnie Court in a plat approved and recorded of Sunset Park Subdivision No. 3, presented and read. Mayor Couchman moved that the communication be receiv- ed and filed. Seconded by Council- man Pregler. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. RESOLUTION No. 218.71 Resolution correcting the spell- ing of a street in Sunset Park Subdivision No. 3 in the City of Dubuque, Iowa. WHEREAS, there has been ap- proved a plat of Sunset Park Sub- division No. 3 naming and dedi- cating streets, one of which is in- correctly spelled, WHEREAS, it was the intention to name WINNIE COURT, as shown on the plat incorrectly, as WINNE COURT, and WHEREAS, there are no resi- dents on this street, NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the spelling of WINNIE COURT be changed to WINNE COURT. Passed, adopted and approved by recorded vote this 19th day of ,July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. RESOLUTION No. 219.71 Preliminary approval of plans, specifications, form of contract, plats and all other documents for construction of 1971 Traffic Signal and Street Lighting project which includes the following: Central Avenue Lighting 4th to 9th: Traf- fic Signals at 4th, 5th, 7th, and 91h on Central; 5th & Bluff, 8th & Locust and 9th Street Revisions, in an estimated amount of $82,837.75, presented and read. Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. (Necessity for Improvement) RESOLUTION No. 220.71 WHEREAS, proposed plans, spe- cifications, 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 1971 Traf- 304 Special Session, July 19, 1971 fie Signai and Street Lighting Pro- ject. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and ne- cessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed re- solution 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 specification% 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 the Road Use Tax Fund and Utilities Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 19th day of July, 1971. Approved and placed on file for final action. APPROVED: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved ap- proval of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None, Absent — Councilman Bitter. (Fixing Date of Hearing) RESOLUTION No. 221-71 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the 1971 Traffic Signal and Street Lighting Project. BE IT THEREFORE RESOLVED that on the 2nd day of August, 1971, a public hearing will be at 7:30 P.M. in the Council Chamber of the City of Dubuque at which time the objectors for the pro- posed improvement may appear and make objection to the pro. posed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and he is hereby directed to cause a notice of time and place of such hearing to be published in some newspaper in the City of Du- buque, 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 directed to advertise for proposals to the contractors for the construction of the above men- tioned improvement. Passed, adopted and approved this 19th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. July 12, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a pro- posal for voluntary annexation of approximately 1.329 acres of land lying along Peru Road, north of the City of Dubuque, Iowa, and described at Lots 635 through 643, inclusive, all in North Dubuque Addition, Section 12, T89N, R2E, of the 5th P,M. The Commission has found that the property is contiguous to the present corporate limits of the City of Dubuque, Iowa, and that annexation of this property is in accord with the overall annexation Special Session, July 19, 1971 305 program and the General Develop- ment. Plan for the City. It is the recommendation of the Commission that the Council ac- cept the proposed voluntary an- nexation. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved that the recommendation be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent — Councilman Bitter. RESOLUTION ANNEXING CERTAIN TERRITORY NO. 222-71 WHEREAS, the owners of an area approximately 1.329 acres in size immediately adjoining the northerly city limits of the City of Dubuque, Iowa now voluntarily petition the City Council for an- ne::ation of their property to the City of Dubuque, Iowa. WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city govern- ment in the way of police and fire protection if said territory is in- corporated within the city limits of the City of Dubuque, Iowa, and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services if territory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30'Code of Iowa, 1962, authorizes the exten- sion of city limits in situations of this character by the adoption of a resolution therefore; and WHEREAS, the future growth, development, and preservation of the public health of the City of Dubuque, Iowa, makes it impera- tive that said territory be made a part of the City of Dubuque, Iowa; and NOW, therefore, be it resolved by the City Council of the City of Dubuque, Iowa, that the terri- torial limits of the City of Du- buque, Iowa be and they are here- by extended to include the area comprising the following described real estate: Lots 635 through 643 inclusive, all in North Dubuque Addition, Section 12, R2E of the 5th P.M., Dubuque Township, Dubuque County, Iowa, according to the re- corded plat thereof: The property to be annexed is as shown on the plat marked Ex- hibit "A" attached hereto, and by this reference made a part hereof, the boundaries of said area being outlined in red thereon. The territory hereby annexed shall become and be part of the Four;%enth Voting Precinct of the City of Dubuque, Iowa. Passed, adopted, and approved this 19th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent — Councilman Bitter. Proof of Publication, certified to by the Publisher, of Invitation for Bids, Demolition Contract No. 2-71, for demolition of buildings and structures and site clearance for the Downtown Urban Renewal Project Iowa 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 hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. July 16, 1971 Honorable Mayor and Members of City Council On July 16 bids were opened for the demolition and site clearance 306 Special Session, July 19, 1971 of 19 structures located in the Downtown Urban Renewal Project. Attached herewith are the fol- lowing Exhibits. Exhibition "C" Summary of Bids Exhibition "D" Estimation of Demolition Cost It is hereby recommended that the contract be awarded to the lowest bidder, Richard S. Langman, dba R.S. Langman of Rock Island, Illinois, in the amount of $89,321. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. RESOLUTION NO. 223.71 Authorizing the Execution of Demolition Contract No. 2.71 for the Downtown Urban Renew. al Project, Iowa R-15. WHEREAS, under date of June 28, 1971- the City Council of the City of Dubuque authorized receiv- ing of proposals for the demoli- tion and site clearance of certain parcels of real estate in the Down- town urban Renewal Project, Iowa R-15; and WHEREAS, an Invitation for Bids for the said work was pub- lished on June 29, 1971, and July 6, 1971 in the Telegraph -Herald, a newspaper of general circula- tion in Dubuque, Iowa; and WHEREAS, an Invitation for Bids was mailed on June 29, 1971 to various contractors; and WHEREAS, five sealed proposals were received, opened and read aloud by the City Clerk in Coun- cil Chambers at 10:00 A.M., July 16, 1971; and WHEREAS, it has been deter. mined that the awarding of Demo- lition Contract No. 2.71 to the low- est bidder is in the best interests of the City of Dubuque in under- taking the Downtown Urban Re- newal Project, Iowa R-15; now therefore BE IT RESOLVED by the Coun- cil of the City of Dubuque, Iowa: Section I. That Demolition Con- tract No. 2-71 for Demolition and Site Clearance of certain parcels of real estate in the Downtown Ur. ban Renewal Project, Iowa R-15, be awarded to the lowest bidder, Richard S. Langman, at a cost not to exceed $89,321.00. Section 2. That the City Manag. er be and he is hereby authorized and directed to execute the afore. mentioned contract on behalf of the City of Dubuque for the com- plete performance of the work. Passed, approved and adopted this 19th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None, Absent—Councilman Bitter. RESOLUTION NO. 224.71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Robert P. Kelly do Ronald T. Amundson, 1091 Main Street Passed, adopted and approved this 19th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Special Session, July 19, 1971 307 Mayor Couchman. Carried by the following vote: yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. RESOLUTION NO. 225.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be. occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE Be It Re- solved by the City Council of the City, of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Robert P. Kelly & Ronald A. Amundson, 1091 Main 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 19th day of July, 1971. Gavlord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. RESOLUTION NO. 226.71 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE Be It Re- solved, by the City Council of the City of Dubuque. Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the Iowa Liquor Control Act, Chapter 123. CLASS "C" COMMERCIAL ESTABLISHMENT Robert P. Kelly & Ronald T. Amu- ndson, 1091 Main Street Passed, adopted and approved this 19th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent—Councilman Bitter. RESOLUTION No. 227.71 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 'CC" COMMERCIAL ESTABLISHMENT Robert P. Kelly & Ronald T. Amundson, 1091 Main Street Passed, adopted and approved this 19th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R Meyers Councilmen Attest: 1.eo F. Frommelt City Clerk 308 Special Session, July 19, 1971 Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. RESOLUTION No. 228-71 RESOLUTION APPROVING FEDERAL -AID METROPOLITAN SYSTEM DESIGNATION AND AUTHORIZING SIGNATURE BY CITY ENGINEER WHEREAS, the Federal High- way Act of 1970 has provided for a new federal -aid system in cer- tain urbanized areas. WHEREAS, as a result of this legislation Iowa has been appor- tioned approximately $769,000 or about $0.91 per capita each fiscal year for reimbursement of street construction project costs. WHEREAS, the City Engineer has prepared a metropolitan sys. tem proposal which designates the following routes for submission in the program: Northwest Beltline from south urbanized area boundary to Cen- tral Avenue. University from Asbury to Mc- Cormick. McCormick Street extension south to Dodge Street. WHERAS, the City of Dubuque is eligible to receive funds under this program. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Federal -Aid Metropo- litan system is hereby approved as formulated and the City Engineer is hereby authorized to execute the proposal and to submit same to the Iowa State Highway Commis- sion for their approval. Passed, adopted and approved this 19th day of July, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Attest: Councilmen Leo F. Frommelt City Clerk Councilman Meyers moved adop. tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg. ler. Nays — None. Absent — Councilman Bitter. FEDERAL -Ain METROPOLITAN SYSTEM PROPOSAL For the Dubuque, Iowa Urbanized Area It is proposed to designate: Miles Northwest Deltline from South Urbanized Area Boundary to Cen- tral Avenue University from Asbury to Mc. Cormick McCormick Street extension south to Dodge Street as the Federal -Aid Metropolitan System in the Dubuque Urbanized Area. These routes were classified as freeways and expressways or oth- er principal arterials as a part of the 1970.1990 National Highway Functional Classification and Needs Study. The continuing, comprehen- sive planning process required by Section 134 of Title 23, United States Code, determined these routes as part of the long range recommended regional transporta- tion plan. .................................................... City Engineer Date For the City of Dubuque John L. White 7-20-71 .................................................... Chief Engineer Date For the Iowa State Highway Commission There being no further business Mayor Couchman moved to ad. journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Leo F. Frommelt City Clerk Special Session, July 19, 1971 309 Approved October 26 1971 Adopted October 26 1971 310 Special Session CITY COUNCIL OFFICIAL Special Session, July 22, 1971. Council met at 3:00 P.M. (D.S.T.) Present — Mayor Couchman, Councilmen Meyers, Moldenhauer, Pregler. City Manager Gilbert D. Chavenelle. Absent — Councilman Bitter. Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of act- ing upon such business as may properly come before the meeting. July 22, 1971 To the Honorable Mayor and City Council I herewith submit the reports of the City Auditor and Water Super- intendent for the month of June 1971. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Petition of Mettel Realty & In- vestment Co, requesting permis- sion to install street lighting along with underground cable in Rose- mont and Creston Streets in Met - tel Byrne Addition, presented and read. Councilman Meyers moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg. ler. Nays — None. Absent — Councilman Bitter. July 19, 1971 To the Honorable Mayor and City Council A request for street lighting has been received for Rosemont Street and Creston Street. The area has been investigated by the Electrical Inspector and it is recommended that three 175 watt mercury vapor type lights be n, July 22, 1971 installed at the following locations: On the lot line along the west curb between 1771 and 1779 Rosemont Street. On the lot line along the east curb between 1800 and 1810 Rosemont Street. On the northwest corner of the intersection of Rosemont and Creston Streets. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg. ler. Nays—None. Absent—Councilman Bitter. Hon. Mayor and July 16, 1971 City Council You have referred to this writer and to the City Manager a peti- tion of John Heiderscheit through his attorney, Alfred E. Hughes, for permission to connect to the city water system and to the city sewer system the property known as Lots 90 and 91 in Linehan Park Subdi- vision in Dubuque County, Iowa. In Mr. Hughes' oral presentation to the City Council there was some suggsetion that the Ordinance was mandatory in requiring the City to grant such permission. I have reviewed Ordinance No. 5.59, upon which the petitioner re- lies, and it is my opinion that the provisions and terms thereof do not remove the discretionary op- tion in the City Council, City of Dubuque, Iowa whether or not to grant such permission to make con- nection to the City water system and the City sewer system. This matter rests solely within the discretion of the City Council to grant or deny. The recommendation of the City Manager, City Water Department and the City Engineering depart- ment appear to urge the Council to deny the request. I am returning the matters re- ferred to me which are attached hereto. Respectfully submitted, R. N. Russo, City Attorney Special Session, July 22, 1971 311 Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Couch- man. carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays --None. Absent—Council. Bitter. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent --Councilman Bitter. Attorney Alfred E. Hughes ap- pealed to the Council, in behalf of his client Mr. John Heiderscheit, to allow him to tap to sewer and water mains at a point abutting lots 90 and 91 Linehan Park Sub. outside of the city limits, again referring to Section 2 of Ordinance No. 5-59. He was of the opinion that the Council would be promot- ing the best interest of the City by allowing his client permission to tap the sewer and water mains in the area. Mr. Hughes is not in accord with the conclusion reach- ed by City Solicitor Russo as to in- terpretation of Ordinance No. 5-59. Councilman Pregler moved that the request of Mr. John Heider- scheit be denied. Seconded by May- or Couchman. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. WITHDRAWAL OF PROPOSAL TO PURCHASE PROPERTY July 16, 1971 City Council of Dubuque City Hall 13th & Central Dubuque, Iowa 52001 Re: Downtown Urban Renewal Project IOWA R-15 The undersigned previously sub- mitted a proposal to purchase a Parcel of land 65 ft. x 110 ft. out of oLt 1 of Block 1 in the Down- town Urban Renewal Project im- mediately north of the undersign- ed's building at 4th & Central Streets, in the City of Dubuque, Iowa. Subsequent to the offer, the undersigned has met with the En- gineers of the City of Dubuque and the officials of the Urban Renewal Department in an effort to deter- mine wha would be required to de- velop the above property into a parking lot. An engineer was re- tained and site plans and specifica- tions were prepared and bids were solicited. It has now been demon- strated that it would be econom- ically unsound to proceed with the purchase and development of the property. The undersigned, there- fore, withdraw their offer to pur- chase said property and request the return of their deposit. KARIGANS BUILDING PARTNERSHIP By: Andrew D. Karigan, Partner By: Gust Karigan, Partner Councilman Pregler moved that the communication be received and filed, and made a matter of record. Seconded by Mayor Couchman. Carried by the following vote: Yeas --Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Councilman Pregler further mov- ed that the communication be re- ferred to the Manager and staff. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. July 19, 1971 Honorable Mayor and City Council On January 25, 1971, Fred J. Breitfelder, of 2805 Oak Crest Drive, filed claim against the City of Dubuque in the amount of $100.00 claiming injuries occurring on December 12, 1970 at the corn- er of Ninth and Main Street claim- ing a pileup of snow and accumu- lation of snow and ice in the crosswalk. I have conferred with Mr. Breitfelder and have investi- gated this matter and Mr. Breit- felder has made an offer of set- tlement in the amount. of $30.00 312 Special Session, July 22, 1971, and it is the recommendation of the City Attorney that said offer of settlement in the amount of $30.00 be accepted and the City Auditor be instructed to draw a warrant payable to Fred J. Breit - Felder and Bernice Breitfelder, his wife, in the amount of $30.00 and to transmit the same to City Attor- ney for delivery to the claimant upon the receipt of duly executed releases. Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg. ler. Nays—None. Absent—Councilman Bitter. Notice of claim of William F. & Darlene E. Allendorf, owners of Iowa Inn at 125 W. 9th Street, in an undetermined amount for dam. age incurred as the result of a backed -up sanitary and or storm sewer on June 24, 1971, presented and read. Councilman Pregler mov- ed that the notice of claim be referred to the City Solicitor for investigation and report. Second- ed by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg. ler. Nays—None. Absent—Councilman Bitter. Notice of claim of Violet Hazel Hall, in the amount of $200., for personal injuries received in a fall at 17th & Central Ave., in the crosswalk, on June 21, 1970, pre- sented and read. Councilman Preg- ler moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. NaYs--None. Absent—Councilman Bitter. Notice of claim of Earl W. Hiatt, in an estimated amount from $1800. to $2034. as the result of property damage incurred as the result of a tree falling on to the porch of their home at 405 Clarke Drive on July 8, 1971, presented and read. Councilman Pregler mov. ed that the notice of claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg. ler. Nays—None. Absent—Councilman Bitter. Petition of Salvation Army re. questing permission to use the area under the Town Clock for a street service on the evenings of July 28th and 29th by a youth group, presented and read. Mayor Couchman moved that the peti- tion be granted. Seconded by Coun- cilman Pregler. Carried by the fol. lowing vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg. ler. Nays—None. Absent—Councilman Bitter. Petition of Bruce Randall and Michael J. Headington requesting that parking on one side be lifted in the 2900 block of Pinard Street, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and Traffic Department. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Petition of Michael J. Heading- ton et al (16 signers) requesting that two side parking be rein- stated between 5 P.M. and 8 A.M. Monday thru Friday and all day parking on Saturday and Sunday in the 2900 block of Pinard Street, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and Traffic Department. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- ^ilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Special Session, July 22, 1971 313 RESOLUTION No. 229.71 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 April 26, 1971 and May 3, 1971, City Council of Dubuque, Iowa met on the 22nd day of July, 1971 at 3:00 P.M. (Central Daylight Savings Time) in the City Council Cham- ber, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque to an alley lying immediately north of Dodge Street between Alpine and Hill Streets, being twenty feet in width and approximately two hundred sixty feet in length, bor- dering the north boundary of the Del Farm property, which alley is hereinafter more fully described, to S & A Realty Co., a Missuori Corporation, 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 S & A Realty Co., a Missouri Corpor- ation: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Section 1. That the disposal of interest of City of Dubuque, Iowa, in real estate to S & A Realty Co., a Missouri Corporation, covering the following described real estate, to -wit: In the County of Dubuque, State of Iowa, beginning at the North- west corner of Lot Four (4) in Reeder I.angworthy's Subdivi- sion in the City of Dubuque, Iowa, according to the recorded Plat thereof; thence Easterly a distance of Two Hundred Sixty Two and Thirty-six Hundredths (262.36) feet to a point; thence Northerly a distance of Twenty (20) feet to a point; thence West. erly a distance of Two Hundred Sixty (260) feet, more or less, to a point in the Easterly edge of Alpine Street; thence Southerly along the Easterly edge of Al- pine Street a distance of Twenty (20) feet to the point of begin- ning, which property is an unim- proved alley, and which is shown on attached Exhibit "A" for the toal purchase price of $1,500.00 plus publication costs and recording fees, and that no ab- stract of title be furnished, be and the same is hereby approved sub- ject to conditions of Purchase Agreement, which Purchase Agreement is hereto attached and made a part hereof, and the Mayor and City Clerk are hereby au- thorized to execute said agreement and deed. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver deed of conveyance to S & A Realty Co., a Missouri Corporation, upon re- ceipt of the purchase price of $1,500.00 plus costs of publication and recording fees. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Re- corder. Passed, approved and adopted this 22nd day of July 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays —. None. Absent — Councilman Bitter. At 4:15 P.M. Mayor Couchman moved that the Council go into executive session to give the Ma- nager working instructions to dis- cuss guidelines for wage negotia- tions for City employees. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. The Council reconvened in re- gular session at 6:14 P.M. with the 314 Special Session, July 22, 1971 Mayor making the following state. ment: Following a presentation by staff regarding their composite thinking what should be the di. rection of our negotiations with the various labor and employee groups, the concensus of the Coun- cil is that we can support the di- rection which is presented and worked out by the staff. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Leo F. Frommelt City Clerk Approved October 26 1971 Adopted October 26 1971 Regular Session, August 2, 1971 315 CITY COUNCIL OFFICIAL Regular Session, August 2, 1971. Council met at 7:30 p.m. (D.S.T.) Present — Mayor Couchman, Councilmen Bitter, Meyers, Mold- enhauer, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING called for the purpose of acting upon such business as may prop- erly come before the meeting. Mayor Couchman presented the following named persons to fill ex- pired terms on commissions; Paul J. Frommelt on the Recreation Commission for a three year term to 7/5/74; Mrs. Saul Greenstein on the Library Board for a six year term to 7/1/77 and Donald I. Toom for a three year term on the Advisory Commission to 6/1/74. Councilman Pregler moved ratifi- cation of the appointments. Sec- onded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. July 27, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a re- quest to have property with front- age of 160' on Asbury Road and extending in depth 240' to liana Drive, in the City of Dubuque, Iowa, included in Article Iv, Sec- tion 2 (h) of the Zoning Ordinance. This property lies west of the new A. & P. Store. The Commission found that the request was contrary to an agree- ment reached with the property owner at the meeting of Septem- Ler 16, 1970, that no further re- zoning would be considered for this area. It is the recommendation of the nd Zoning Commission that the proposal not be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- iiauer, Pregler. Nays — None. July 27, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a re- quest to reclassify the following described property from Local Business "A" to Local Business "B": Lot 2-1-1 of Sub of Lots 1 and 2 of Sub of 1 of 3 of 10 and Lot 1 of 2 of 3 of Lot 11 in Kniest Subdivision. This property is located at 405 East 21st Street in the City of Dubuque, Iowa. The Commission found that the request was not consistent with the proposed Zoning Map as de- veloped for this area. It is the recommendation of the Planning and Zoning Commission that the proposal not be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. July 27, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a re- quest to reclassify the following described properties from Multiple Residence classification to Local Business "A"; Lot 2 of 3 of City Lot 674, located at 105 West 17th Street; Lot 1 of 2 of City Lot 674, 316 Regular Session, August 2, 1971 located at 175 West 17th Street; and the West 65' of Lot 1 of 1 of City Lot 674 and the East 11'5" of Lot 1 of 1 of City Lot 674, located at 195 West 17th Street, all in the City of Dubuque, Iowa. The Commission found that the request was basically the same as the proposal which they consid- ered at the meeting of June 16th, 1971. It was the opinion of the Commission that the circumstances were unchanged and the recom- mendation made at that time re- presents their best judgement, that commercial zoning for this area would be contrary to the General Development Plan of the City of Dubuque, Iowa. It is the recommendation of the Planning and Zoning Commission that the classification of these Properties remain Multiple Resi- dence. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION 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 vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden• hauer, Pregler. Nays -- None. Mrs. Richard Pluym addressed the Council along with her attor- ney Martin Hill pleading her case as to keeping; her figurine shop open at W. 17th Street. Mr. Mart- in Hill argued that if the rezoning is not granted Mrs. Pluym would be put out of business. He sees no valid reason for the denial. Councilman Pregler moved to overrule the recommendation of the Planning & Zoning Commis. cion. The motion died for lack of a second. Mayor Couchman moved that the communication be re. referred to the Planning & Zoning Commission. Seconded by Council. man Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays — None. July 27, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a public hearing on a proposal to classify as Single Family Residence pro. perty described as: Lots 615 thru 643 in North Du. buque Addition in the City of Dubuque, Iowa. This property consists of 1.329 acres. The Commission found that clan. sification of this property as Single Family Residence is con• sistent with the planning for this area. Respectfully submitted, CITY PI,ANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation and same be referred to the City Soli- citor for proper proceedings. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. July 29, 1971 To the Honorable Mayor and Members of the City Council, This is to advise that I have ap- proved the following policy, and desire to have your approval on same. Comprehensive Liability Tschiggfrie Excavating, Eta]. Bituminous Casualty Corp. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved for filing approval of the policy sub- ject to approval of the City Attor- ney. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. July 16, 1971 To the Honorable Mayor and City Council Your staff has requested that an engineering contract be executed with the firms of Henningson, Durham & Richardson, Inc. and Regular Session, August 2, 1971 317 Cullen -Schlitz & Associates Engin- eering Company for engineering services for Solid Waste Disposal Facilities. Please find enclosed copies of Mr. Cletus Allen's request and the contract of Henningson, Durham & Richardson, Inc. and Cullen - Schlitz & Associates Engineering Company. We are submitting this to you at this time for your review of said contract so that at the Coun- cil meeting of August 2, 1971 we would obtain your decision. It is my recommendation that the said contract be executed and request that your Honorable body grant the City Manager the au- thority to sign said contract. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays —None. Mr. Paul Bolton of H. D. & R. addressed the Council by stating that the first deadline in the pro- posed land fill project should be next Spring, possibly April or May. July 27, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a public hearing on a proposal to classify as Single Family Residence pro- perty described as follows: The North 70' of Lot 170 of Belmont Addition, the North 70' of Lot 169 of Belmont Addition, Lot 1 of George Nigg's Subdi. vision, the West 13' of Lot 7 of Fischer's Subdivision, Lot 8 of Fischer's Subdivision, Lot 9 of Fischer's Subdivision, Lot 10 of Fischer's Subdivision, and Lot 2 of Bowden Place, Julien Town- ship, in the City of Dubuque, Iowa. This property consists of 3.2 acres of land and ties north of Davis Avenue. The Commission found that classification of this property as Single Family Residence is con- sistent with the planning for this area. 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 ap- proval of the recommendation. Seconded by Mayor Couchman. Carried by the following vote: Veas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ORDINANCE NO. 35-71 An Ordinance Zoning and Clas- sifying Recently Annexed Terri- tory to the City of Dubuque, Iowa, as a "Single Family Resi- dence District" Classification which Real Estate is hereinafter described (area north of Burden Ave.), presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Meyers moved that a public hearing be held on the Ordinance on September 7, 1971, at 7:30 P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. 318 Regular Session, August 2, 1971 ORDINANCE NO. 36.71 An Ordinance Amending Ordi. nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended by enacting a new subsection b of Section 3 of Schedule 1 thereof to require traffic to move westerly on West Fifth Street from Central Avenue to Bluff Street, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. ORDINANCE NO. 36.71 An Ordinance amending Ordinance No. u Ioasefdbyof33-49 known aamended enacting a new Subsection b of Section require traffic of Stoemove le iwesterrlythreof on West Fifth Street from Central Ave. nue to Bluff Street. DAINEDTBYRTHER CITYE COUNCIL OR - OF THE CITY OF DUBUQUE, IOWA: known as theh"TrafficaCode of Dug same is herebysa endeddbe and bV enacting a new subsection b to Section 3 of Schedule I thereof as follows: "Schedule I 3. Traffic Shall move westerly only: b. On West Fifth Street from Central Avenue to Bluff Street." Passed, approved and adopted this 2nd day of August 1971. Gaylord M. Couchman Walter A. Preglerovor Weyne A. Moldenhauer Donald R. Meyers Joseph J. Bitter ATTEST: Leo F. Frommeltouncilmen City Clerk aphraoslat,sTele. 0rlHeraldN officially Sth day August 1971. it, 8/5 Leo F. Frommelt City Clerk. Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. ORDINANCE NO. 37.71 Designating and naming Por. tions of Certain Rights -of -Way "Town Clock Plaza", presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol. lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. ORDINANCE No. 37-71 DESIGNATING AND NAMING "TOWN CLOCK PLAZA" 26, 1967, ttheEASCityunder of Dubuque anddate ofs he United Sof tates Loanuand Capital Ganentered the ndertaking of the Downtown Urban Renewal Prolect, Iowa R-15; and WHEREAS, the City of Dubuque, Pursuant to said Contract has and is In process of improvin, certain rights- of-way within the Proiect Area by constructing therein a Pedestrianway; and WHEREAS, the Downtown Assocla- cenugteAecttCommeof rccodcdaompeon o name and designate he Pedestrian - way ea and recommends that said edestria nwa known as, be officially therefore, "Town Clock Plaza;" now BE IT COUNCIL OOFOF ORDAINED CITY CITY BUQUE, IOWA: SECTION 1. That the Area referred Inafterihdescriibed as d yasndelineated on Exhibit 'A" attached hereto and made a Part hereof, be and the same hereby k and it shall hereafter be Plaza." known and called "Town Clock Commencing at the Intersection of the south curb line of Ninth Street and the new east property line of Main Street as extended to the South thence Curb line Proceedng qfW west Ninth alonpreete south curb line of Ninth Street to its Intersection with the west property line of Main Street as extended to said curb line; thence proceeding south along the west property line of Main Street to Its Intersection with the north property line of Eighth Street; thence proceeding west along the north property line Of Eighth Street to its In With the west property Ilne of the alley Immediately west of Main Street; thence proceeding north along the west property line of said alley 5.0 feet to Its Intersection with the new north property line of Eighth Street; thence proceeding west along the new north property line of Eighth Street as extended to the hencestproce line ep sfouthcualongrathe east curb line of Locust Street to Its Intersection with the south prop. Regular Session, August 2, 1971 319 erly line of Elghih Street as extend- ed to the east curb line of Locust Street; thence proceeding east along the south property line of its Intorsectionwiththe hth eet seYwest property line of Main Street; thence Pro- erty lic asouth Ma nng5treethe wto tltsr in- tersection wtih the north Property line of Seventh Street; thence Pro- ceeding west along the north Prop. erty line of Seventh Street as ex- tended to its Intersection with the east curb line of Locust Street; thence proceeding south along the east curb line of Locust Street to Its intersection with the south prop- erty line of Seventh Street as ex- tended to the east curb line of Locust Street; thence proceeding east along the south property line of Seventh Street to Its intersection with the east curb line of the alley located immediately west of Main Street; thence Proceeding south along the east curb line of said alley 51.0 feet to its Intersection with the new south Property line of Seventh Street; thence Proceeding east along the new south property line of Seventh Street 193.0 feet to Its intersection with the new east property line of Main Street; thence proceeding north along the new east property line of Main Street 82.32 faet to its intersection with the new south property ;Ine of Seventh Street, thence Proceeding east along the new south property line of Seventh Street 98.0 feet to Its in- tersection with the west property line of the alley Immediately east of Main Street; thence Proceeding north along the west property line of said alley 21.99 feet to its intersec- tion with the new north Property line of Seventh Street; thence Pro ceeding west along the new north Property line of Seventh Street 98.37 feet to its intersection with the new east property line of Main Street; thence proceeding north along the new east Property line of Main Street 10.56 feet to Its intersection with the north Property tine of Seventh Street; thence proceed - Ing west along the north Property ine of Seventh Street 15.0 feet to Its intersection with the east Prop- erty line of Main Street; thence Proceeding north along the east property line of Main Street to its intersection with the south Property line of Eighth Street; thence pro- ceeding east along the south prop- erty line of Eighth Street to Its in- tersection wtih the east property line of the alley immediately east It Main Street; thence Proceeding south along the east property line of said alley 9.82 feet to Its Inter- section with the new south Proper- ty line of Eighth street; thence pro- ceeding east along the new south Property line of Eighth Street as extended to its intersection with the west curb line of Iowa Street; thence Proceeding north along the west curb line of Iowa Street to Its intersectionwith the north proper- tv line of Eighth Street as extended to the west curb line of Iowa Street; thence Proceeding west along the north property line of Eighth Street as extended to Its intersection with the east Property line of Main Street; thence Proceeding north along the east property line of Main Street 119.19 feet to Its Intersection 1 I f r 1 I I 1 1 11 1 1 11HL' xH1a1T ^A' - -_TOwN CLOCK PLAZA - - PHASE 1 ' i MI N r Pahl of 9 .,,,;rnef:T 1 1 [IG.+r/i STa[[r 1 "Ind r _ n U Z O 2 d i Thi If. Z 7+ In r 1 1 SEVE:47" STREET 1 r _ w C t SIYTM _i STInur Ih U N N VI mf -1 i M tri i FIFTH !TR[cr i 1 FOURTH STREET 1 TWRD STREET PubllllhW Officially In Tho Telegraph -Harald Newspaper fhb 5th day of August, 1911 tL,Tpo F. Frommell Cl y Clerk. 320 Regular Session, August 2, 1971 with the northproperty fine of the South One Tnlyd of City Lot 31; thence proceeding east along said property line 25.0 feet to its inter ser.lion with the new east property line of Mein Street; thence pro ceeding north along the new east proper y Ilne of Main Street to the point of beginning. SECTION 2 That the City Clerk be and he is hereby authorized and di- rected to record or file a cerfifieJ cony of this Ordinance In the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 2nd day of August, 1971. Gaylord M. Couchman MAYOR Wa,ler A. Proper Wavne A. Moldenhauer Donald R. Meyers Joseph J. Bluer COUNCILMEN ATTEST: Leo F. Frommelt City Clerk Published officially In The Tele- graph -Herald Newspaper this 5th day of August, 1971. Leo F. Frommelt City Clerk. it. els Councilman Meyers moved final adoption of the Ordinance. Sec. onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. July 30, 1971 To The Honorable Mayor and City Council I submit for your consideration an ordinance modifying the Plumb. ing Ordinance by permitting "Ser. vice Weight" soil pipe within buildings. It is my understanding that this modification has been approved by the Plumbing Board. Also, at- tached is the approving letter from the Chairman of the Code Revision Committee. I recommend that the Ordinance be adopted. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 38-71 An Ordinance amending Plumb- ing Ordinance No. 48.70 by re- pealing Section 33, Subsection (E), and enacting a new Section 33, Subsection (E) in lieu there• of, to permit use of cast iron soil pipe of "service weight," Presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, 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 Council. man Meyers. Carried by the fol. lowing vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. ORDINANCE NO. 38.71 Ar Ordinance amending Plumbing Ordinance No. 48-70 by repealing Section 33, Subsection (E). and enact. ing a new Section 33, Subsection (E) in Ileu thereof, to permit use of cast Iron soil pipe of Service Weight." NOW THEREFORE, BE IT OR. OF ITHE CITY OF DUBUQUE IOWA: SECTION 1. That Section 33 (E) of Plumbing Ordinance No. 48-70 of the City of Dubuque, Iowa, referred to as Plumbing Code, be and the same Is hereby repea.ad, and a new Section 33 (E) In lieu thereof be enacted to wit: 33 (E) Where cast Iron soil pipe is used within the building It shall not be of a grade less than "Ser- vice Weight." Passed, adopted, and approved this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in The Tele. graph -Herald Newspaper thls 5th day of August 1971. 11. 8/5 Leo F. Frommelt City Clerk. Councilman Bitter moved final adoption of the Ordinance. Sec. onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. July 29, 1971 Honorable Mayor and City Council We have attached and are re- submitting for your consideration the application of certain property owners for the partial vacation of a dead end alley north of West Third Street near Finley Hospital. Regular Session. August 2, 1971 321 It is our recommendation this section of the alley be vacated and deeded to the abutting property owners at no charge in considera. tion of the following agreement with Finley Hospital. 1. Finley Hospital agrees to con- tribute the sum of four thousand, five hundred dollars ($+4.500) toward the reconstruction of the Third and Parkway Storm Sewer (Total Cost Estimate $6,973.10). 2. Finley Hospital agrees to pay all closing costs on the alley in- cluding the cost of platting and publication. The Ordinance vacating said al- ley is also attached for your re- view and action. Respectfully submitted Gilbert D. Chavenelle City Manager Mayor Couchman moved approv- al of the recommendation. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 39-71 Ordinance vacating a part of public alley lying between Lot 1 of Lot 1, Finley Home Addition, owned by the Finley Hospital, and Lots 24, 25, 26, 27, 28, 29, 30, and 31, of the Finley Home Addition in the City of Dubuque, Iowa, presented and read. Mayor Couchman moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Mayor Couchman moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. j Mayor Couchman moved that a I public hearing be held on the Or- dinance on September 7, 1971, at 7:30 P.M. in the Council Chamber at the City Ilall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- cr, Pregler. Nays—None. Petition of John J. Kohnen et al dated October 6. 1970 and June 14, 1971, requesting the installa- tion of a sanitary sewer in the ditch in the John F. Kennedy Road, presented and read. Mr. John J. Kohnen and Mr. Ju- lius Bonz addressed the Council by stating that they want the sew- er constructed in J. F. K. Road, but that it be placed in the street and not behind their properties. They felt that they should not be obliged to pay an additional sum because some of the people along J. F. K. prefer construction of the sewer behind their properties. Communication of City Engineer White indicating that private lat- eral connection costs with the sew. er in the ditchline would be defi- nitely greater for each property owner than if the sewer were in the back yards, the accessibility for maintenance and economy of con- struction dictate the sewer should be installed in the street right of way, presented and read. Council- man Pregler moved that the com- munication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Pregler moved that the Kohnen petitions be referred to the City Engineer to bring back to the Council. Seconded by Coun- cilmen Bitter. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of St. Anthony Messen- ger requesting permission to so- licit magazine subscriptions, pre- sented and read. Councilman Preg- 322 Regular Session, August 2, 1971 ler moved approval of the petition. Seconded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun• cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None, Petition of Dubuque County Fair Association, requesting Mayor Couchman to declare the week of August 17 to 22 as Dubuque Coun- ty Fair Week, presented and read. Councilman Pregler moved approv. al of the petition. Seconded by Ma- yor Couchman. Carried by the fol. lowing vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION No. 230-71 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 implementing and facilitating the Downtown 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 DU- BUQUE, IOWA: Section 1. That delivery of deeds to the City of Dubuque for the following described parcel of real estate in the Downtown Urban Re- newal Project, Iowas R-15, is here- by ratified and accepted by the City of Dubuque. GRANTOR, Pauline A. Jewell and William Jewell, Deed dated July 9, 1971. Recorded in Book 206, Page 219. PROPERTY DESCRIPTION, North 10 feet 6 inches of Lot 18, and the South 11 feet 6 inches of Lot 19 in the City of Dubuque, Iowa, according to the United States Commissioners' M a p thereof (Parcel 11.5). 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 authorized and directed to file a copy of this Re. solution in the Office of the Re. corder in and for Dubuque Coun• ty, Iowa. Passed, approved, and adopted this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers .Joseph J. Bitter Attest: Councilmen Leo F. Frommelt City Clerk Mayor Couchman moved adop. tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Proof of publication, certified to by the Publisher, of legal notice of hearing to consider execution of proposed agreements for the purchase of real estate in Down. town Urban Renewal to Thomas F. Leibold, presented and read. No written objections were filed and no oral objectors were pre- sent at the time set for the pub- lic hearing. Councilman Bitter moved that the proof of publication be receiv. ed and filed. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 231-71 AUTHORIZING THE EXECUTION OF A CONTRACT FOR SALE OF LAND FOR PRIVATE RE- DEVELOPMENT WITH THOMAS F. LEIBOLD WHEREAS, pursuant to Resolu- tion No. 166-71 dated June 28, 1971 and a Notice of Public Hear. ing published in the Telegraph - Herald, a newspaper of general circulation in the City of Dubu- que, Iowa, on July 6, 1971 and July 13, 1971, City Council met on the 2nd day of August, 1971 at Regular Session, August 2, 19-1 323 7:30 o'clock P.M. Central Day- light Time, in the City Council Chambers, City Hall, Dubuque, Iowa, to consider the proposal to dispose of the interest of the City of Dubuque to Reuse Parcel 2-3 in the Downtown Urban Renewal Project, Iowa R-15, to Thomas Lei - bold; and WHEREAS, pursuant to said resolution a copy of the Redevelo- per's Statement for Public Dis- closure and a copy of the pro- posed form of Contract for Sale of Land for Private Redevelopment was placed on file in the office of the City Clerk for public inspec- tion; 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 Thomas F. Leibold; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized to enter into a Contract for Sale of Land and Private Re- development in accordance with the terms of the Disposition Docu- ments governing such sale with Thomas F. Leibold for the real estate known as Reuse Parcel 3 of Block 2 in the Downtown Urban Renewal Project, Iowa R-15, con- taining 22,922.335 square feet, subject to survey, and legally de- scribed as Lot 1 of Block 4 in Du- buque Plaza, in the City of Dubu- que, Iowa. Section 2. That said parcel of real estate shall be sold for $2.50 per square foot or a total price of $57,305.84 subject to final survey of the land to be conveyed. Passed, approved, and adopted this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider execu- tion of proposed agreements for the purchase of real estate in Downtown Urban Renewal area to Renier Piano & Organ Company Inc.. 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 hear- ing. Councilman Bitter moved that the proof of publication be re- ceived and filed. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 232.71 AUTHORIZING THE EXECUTION OF A CONTRACT FOR SALE OF LAND FOR PRIVATE RE- DEVELOPMENT WITH RENIER PIANO & ORGAN COMPANY, INC. WHEREAS, pursuant to Resolu- tion No. 165-71 dated June 28, 1971 and a Notice of Public Hear- ing published in the Telegraph - Herald, a newspaper of general circulation in the City of Dubuque, Iowa, on July 6, 1971 and July 1.3, 1971, City Council met on the 2nd day of August, 1971 at 7:30 o'clock P.M. Central Daylight Time, in the City Council Chambers, City Hall, Dubuque, Iowa, to consider the pro- posal to dispose of the interest of the City of Dubuque of Reuse Par- cel 2.1 in the Downtown Urban Re- newal Project, Iowa R-15, to Re- nier Piano & Organ Company, Inc; and WHEREAS, pursuant to said re- solution a copy of the Redevelo- per's Statement for Public Disclo- sure and a copy of the proposed form of Contract for Sale of Land for Private Redevelopment were placed on file in the office of the City Clerk for public inspection; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and 324 Regular Session, August 2, 1971 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 Renier Piano & Organ Company, Inc.; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: S"flon 1. That the Mayor and City Clerk be and they are hereby authorized and directed to enter into a Contract for Sale of Land for Private Redevelopment in ac- cordance with the terms of the Disposition Documents governing such sale with Renier Piano & Or- gan Company, Inc. for the real es- tate known as Lot 2 of Block 5 in Dubuque Downtown Plaza also known as Disposition Parcel 1 of Block 2 in the Downtown Urban Renewal Project, Iowa Rr15, con. taining 16,531.3 square feet more or less, subject to survey. Section 2. That said parcel of real estate shall be sold for $2.50 per square foot for a total price of $41,326.25 subject to final survey of the land to be conveyed. Passed, approved, and adopted this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays — None. July 28, 1971 Honorable Mayor and Members of the City Council On February 2, 1970, your ho. norable body passed Resolution 24. 70. authorizing your City Manager to file an application to the Federal Government for Assistance Funds for Water Works Improvements under the Housing and Urban Re. newal Act of 1965. We have received the applica- tion and the necessary information as requested has been completed. It is my recommendation that I be authorized to sign the applica- tion to aid in financing of the Wa. ter Improvement and the Assu• ranee of Compliance with the De. partment of Housing and Urban Renewal. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays — None. U.S. Department of Housing and Urban Development RESOLUTION OF GOVERNING BODY OF APPLICANT RESOLUTION No. 233.71 Project No. WS4owa-99 Resolution authorizing filing of application with the Department of Housing and Urban Development, United States of America, for a grant under P.L. 89-117. WHEREAS, pursuant to P.L. 89- 117 the United States of America has authorized the making of grants to public bodies to aid in financing the construction of basic water and sewer projects: Now Therefore, Be It Resolved By City Council, City of Dubuque, Iowa I. That Gilbert D. Chavenelle, City Manager, be and he is hereby authorized to execute and file an application on behalf of City of Dubuque, Iowa with the De- partment of Housing and Urban Development, United States Go- vernment, for a grant to aid in financing the construction of 12 inch, 16 inch, and 20 inch dia. meter feeder main and the mo. dernization and centralization of the water works system. and an assurance of compliance with the Department of Housing and Urban Development regulations under Title VI of the Civil Rights Act of 1964. I. That Gilbert D. Chavenelle, City Manager be and he is hereby authorized and directed to fur- nish such information as the De- partment of Housing and Ur- ban Development may reason- ably request in connection with Regular Session, August 2, 1971 325 the application which is herein authorized to be filed. CERTIFICATE OF RECORDING OFFICER The undersigned duly qualified and acting City Clerk of the City of Dubuque, Iowa does hereby cer- tify: that the attached resolution is a true and correct copy of the resolution, authorizing the filing of application with the Depart- ment of Housing and Urban De- velopment, as regularly adopted at a legally convened meeting of the City Council, City of Dubuque, Iowa duly held on the 2nd day of August, 1971; and further that such resolution has been fully re- corded in the journal of proceed- ings and records in my office. In Witness Whereof, I have here- unto set my hand this 3rd day of August, 1971. Leo F. Frommelt City Clerk City of Dubuque, Iowa Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. August2, 1971 To the Honorable Mayor and City Council We are herewith submitting for your consideration a resolution au- thorizing the filing of an applica- tion with the Department of Hous- ing and Urban Development for a grant under Public Law 89-117 for the construction of two sani• tary sewers. Through this applica- tion we are requesting a 50% con- struction grant for the project costs involved in each sewer. An application for the Center Grove Valley Sanitary Interceptor Sewer and the South Dubuque Sa- nitary Interceptor Sewer was filed on December 29, 1970 with the En- vironmental Protection Agency for grant on the construction of these sewers. After detailed review, this agency denied the request for the grant. We have been informed that these sewers would be eligible for construction under the cur• rent program of HUD. We are requesting favorable ac. tion be taken on this authorization to allow us to proceed with the fil- ing of the necessary application documents in anticipation of a pos. sible construction grant under this Federal Program. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the request. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. U.S. Department of Housing and Urban Development RESOLUTION OF GOVERNING BODY OF APPLICANT RESOLUTION NO. 23471 Project No. WS -Iowa 99 "A" Resolution authorizing filing of application with the Department of Housing and Urban Develop. ment, United States of America, for a grant under P.L. 89-117. WHEREAS, pursuant to P.L. 89- 117 the United States of America has authorized the making of grants to public bodies to aid in fi- nancing the construction of basic water and sewer projects: Now Therefore, Be It Resolved by City Council, City of Dubuque, Iowa. 1. That Gilbert D. Chavenelle, City Manager, be and he is hereby authorized to execute and file an application on behalf of City of Dubuque, Iowa with the Depart- ment of Housing and Urban Devel- opment, United States Government, for a grant to aid in financing the construction of 1971 Sanitary Inter- ceptor Sewer Project—No. 1, and an assurance of compliance with the Department of Housing and Ur- ban Development regulations un- der Title VI of the Civil Rights Act of 1964. 2. That Gilbert D. Chavenelle, City Manager, be and he is hereby authorized and directed to furnish such information as the Depart- ment of Housing and Urban Devel- opment may reasonably request in connection with the application which is herein authorized to be filed. 326 Regular Session, August 2, 1.971 Certificate of Recording Officer The undersigned duly qualified and acting City Clerk of the City of Dubuque, Iowa does hereby cer- tify: that, the attached resolution is a true and correct copy of the res- olution, authorizing the filing of application with the Department of Housing and Urban Development, as regularly adopted at a legally convened meeting of the City Coun- cil, City of Dubuque, Iowa duly held on the 2nd day of August, 1971; and further that such reso- lution has been fully recorded in the journal of proceedings and records in my office. In Witness 'Whereof, I have here - 'into set my hand this 3rd day of August, 1971. Leo F. Frommelt City Clerk City of Dubuque Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler, Nays—None. Proof of Publication, certified to by the Publisher, of Resolution of Necessity for Public Improvements and hearing upon proposed plans and specifications, form of con- tract and cost of improvements for construction of CITY OF DUBU. QUE 1971 CONCRETE CURB & GUTTER PROJECT NO. 1 on the following named streets: 1. Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park; West to the Corporation Limits. 2. Central Avenue from the N.P.L. of Ninth Street to the S.P.L. of Fourth Street. 3. Dodge Street - Widening at In. tersection with Bryant Street. 4. Eighth Street Service Drive from the W.P.L. of Central to the Alley West of Central Avenue. 5. Hamilton Street extension from the E.P.L. of Kerper Boule- vard to the E.P.L. of Lot 1.2.1 of Block 5 of River Front Sub. No. 3. 6. Locust Street from the N.P.L. of Fourth Street to the S.P.L. of Fifth Street on the East Side only. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden. houer, Pregler. Nays — None. Statement of City Clerk certify. ing that notices of public hearing were mailed by certified mail on July 2, 1971, to property owners of record subject to assessment for construction of City of Dubu- que 1971 Concrete Curb & Gutter project No. 1, presented and read. Councilman Meyers moved that the statement be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Eska Company ob. jecting to the proposed City of Du. buque 1971 Concrete Curb & Gut- ter Project No. 1 abutting Lot 3 of 1 of Block 5 in River Front Sub, No. 3 as same will not benefit them, presented and read. Coun- cilman Meyers moved that the pe- tition be received and filed. Se- conded by Mayor Couchman. Car. ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Attorney Allen Carew represent- ing Eska Company stated that his client will not be benefitted by the installation of curb & gutter in front of their property. Councilman Meyers moved that all objections to 1971 Concrete Curb & Gutter project No. 1 be overruled. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO, 238.71 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1971 Con- crete Curb and Gutter Project No. I have been approved by the City Council of the City of Dubuque Regular Session, August 2, 1971 327 and public notice given as pro- vided by Chapter 23 of the Code of Iowa 1971, pertaining to pub- lic 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 August, 1971; and WHEREAS, the City Council met in regular session this 2nd day of August, 1971, at 7:30 o'clock P.M. at the Council Cham- bers in the City Hall for the pur- pose of hearing all interested par- ties and considering any and all objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested par- ties have been given opportunity 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, 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 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION NO. 180.71 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Du- buque and are now on file in the office of the City Clerk showing among other things the following: 1. The Assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 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 1971 Concrete Curb and Gutter Project No. 1. 1, Asbury Road from the W.P.L. of I.ot 1-1-1 of Asbury Park; West to the Corporation Limits. 2. Central Avenue from the N.P. L. of Ninth Street to the S.P.L. of Fourth Street. 3. Dodge Street—Widening at Intersection with Bryant Street. 4. Eighth Street Service Drive from the W.P.L. of Central to the Alley West of Central Avenue. 5. Hamilton Street extension from the E.P.L. of Kerper Boule- vard to the E.P.L. of Lot 1-2.1 of Block 5 of River Front Sub. No. 3. 6. Locust Street from the N.P.L. of Fourth Street to the S.P.L. of Fifth Street on the East Side only. 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 consideration of this proposed res- 328 Regular Session, August 2, 1971 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 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 street fund. 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 assess- ment 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 28th day of June, 1971. Record of Final Adoption The foregoing resolution was finely passed and adopted, as pro- posed, by the City Council this 2nd day of August 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Attest: Councilmen Leo F. Frommelt City Clerk Councilman Meyers moved final adoption of the resolution. Sec- onded by Councilman Bitter. Car- ried by the following vote: Was — Mayor Couchman, Coun. oilmen Bitter, Meyers, Moldenhau- er, Pregler. Nay&—None. (Ordering Construction) RESOLUTION NO. 239.71 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 180-71 which was duly passed by this Council, for the construction of City of Du. buque 1971 Concrete Curb and Gutter Project No. 1. 1. Asbury Road from the W.P.L. Of Lot 1-1-1 of Asbury Park; West to the Corporation Limits. 2. Central Avenue from the N.P. L. of Ninth Street to the S.P.L. of Fourth Street. 3. Dodge Street - Widening at Intersection with Bryant Street. 4. Eighth Street Service Drive from the W.P.L. of Central to the Alley West of Central Avenue. 5. Hamilton Street extension from the E.P.L. of Kerper Boule- vard to the E.P.L. of Lot 1.2-1 of Block 5 of River Front Sub. No. 3. 6. Locust Street from the N.P.L. Of Fourth Street to the S.P.L. of Fifth Street on the East Side only. Be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of Property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said 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 Rut Funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of Street Improvement 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 Regular Session, Angust 2, 1971 M 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 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 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Secnoded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pendency of Resolution of neces- sity for public improvements and hearing upon proposed plans and and cost of improvements for the construction of CITY OF DUBU- QUE 1971 ASPHALT PAVING PROJECT NO. 1, presented and read. 1. ASBURY ROAD - from the W.P.L. of Lot 1-1.1 of Asbury Park; West to the Corporation Li- mits. 2. CENTRAL AVENUE - from the N.Y.L. of Ninth Street to the S.P.L. of Fourth Street. 3. DREXEL AVENUE - from the N.P.L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. 4. EAGLE POINT PARK - Road- way. 5. EIGHTH STREET SERVICE DRIVE - from the W.P.L. of Cen- tral Avenue to the Alley West of Central Avenue. 6. FAIRFAX AVENUE - from the N.P.L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. 7. HAMILTON STREET EXTEN- SION - from the E.P.L. of Kerper Boulevard to the E.P.L. of Lot 1.2.1 of Block 5 of River Front Sub. No. 3. 8. HICKSON AVENUE - from the N.P.L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. 9. LORAS BOULEVARD - from the W.F.L. of Walnut Street to the E.P.L. of University Avenue. lo. MARMORA AVENUE - from the N.P.L. of Fairfax Avenue to the S.P.L. of Pennsylvania Avenue. 11, WISCONSIN AVENUE - from the W.P.L. of Marmora Avenue to the S.P.L. of Pennsylvania Avenue. Councilman Meyers moved that the proof of publication be re- cevied and filed. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Statement of City Clerk certify- ing that notices of public hearing were mailed by certified mail on July 2. 1971 to property owners of record subject to assessment for construction of City of Dubuque 1971 Asphalt Paving Project No. 1, presented and read. Councilman Meyers moved that the statement be received and filed. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Mrs. Bob Kueter re- questing the inclusion of widening Asbury road for the benefit of the school children attending Re- surrection school presented and read. Councilman Meyers moved that the petition be received and filed. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Resurrection Parish Council urging approval of im- provement of Asbury Road for the benefit of the students at Re. surrection School presented and read. Councilman Meyers moved that the petition be received and 330 Regular Session, August 2, 1971 filed. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Wm. .1. Daack et ux requesting that sidewalks be in. stalled along Asbury Road to Re- surrection School for the benefit of the Resurrection school child- ren, presented and read. Council- man Meyers moved that petition be received and filed. Seconded by Mayor Couchman. Carried by the following vote. Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays -- None. Petition of Gordon Naumann et ux requesting consideration for the widening of Asbury Road to the City limits for the safety of the children attending Resurrec- tion School, presented and read. Councilman Meyers moved that the petition be received and filed. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of John G. Cullen, as a Trustee of Resurrection Parish re- questing strong consideration of the grading and widening of As- bury Road west to the City Lim- its, presented and read. Council- man Meyers moved that the peti. tion be received and filed. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays ---None. Petition of D. L. Hellmann et al (405 signatures) strongly urging improvement of Asbury Road past Resurrection Church and School to the City Limits, presented and read. Councilman Meyers moved that the petition be received and filed. Seconded by Mayor Couch- man. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays --_None. Petition of John Bleilie et al (40 signers) objecting to the pro. posed paving with asphalt of Hick. son Street, Fairfax Street, Mar. mora Street and Wisconsin Street because it would become a finan. cial burden and a potential haz- ard as a race track, presented and read. Councilman Meyers moved that the petition be received and filed. Seconded by Mayor Couch. man. Carried by the following vote: Yeas—Mayor Couchman Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Thomas C. Flynn et al (36 signatures) requesting de- ferment of resurfacing of Hickson Street because it is not necessary at this time presented and read. Councilman Meyers moved that the petition be received and filed. Seconded by Mayor Couchman, Carried by the following vote: Yeas—Mayor Couchman, Coun- cIlmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. Petition of Eska Company ob- jecting to the proposed paving with asphalt of Hamilton Street because it is a dead end street and that F.ska has its own access di- rect from Kerper Blvd, and no benefit will be derived therefrom, presented and read. Attnrnev Carew again addressed the Council objecting to the pro- posed paving in behalf of his client the Eska Company. Couneilman Meyers moved that the petition be received and filed. Seconded by Mavor Couchman. Carried by the following vote: Yeas --Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Herb E. Gourley et al (56 signatures) objecting to the proposed asphalt paving of Drexel Street as it is not necessary, pre- sented and read. Councilman Mey- ers moved that the petition be re- ceived and filed. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Regular Session, August 2, 1971 331 Petition of Otto Donath object- ing to the proposed asphalt pav- ing of Marmora Street that said street is not in such repair as to require complete resurfacing, that said street could be. patched and the small amount of use of the street, presented and read. Coun- cilman Meyers moved that the pe- tition be received and filed. Sec- onded by Mayor Couchman. Car• ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- or, Pregler. Nays—None. Mr. Ernest Keller of 1686 Wis- consin, Mrs. Pins, 1568 Fairfax, Tom Davis, 1673 Hickson, Mr. Re- make], 1675 Drexel] all objected to the proposed paving of streets in Lenox Addition. Councilman Pregler moved that. Drexel Ave., Fairfax Ave., Hick- son Ave., Marmora Ave., and Wis- consin Ave. be. deleted from the City of Dubuque 1971 Asphalt Pav- ing Project No. 1. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Mr. Phil Langas, 1105 Loras, Mrs. Weydert, 1410 N. Grandview, Frank Moreland, 1419 Loras, Ray Wittstock, 1110 Loras, Wilbert Fransen, 1047 Loras, all voiced ob- jections to the proposed paving of Loras Blvd. RESOLUTION No. 240-71 RESOLUTION AMENDING RESOLUTION No. 18471 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. DUQUE, IOWA: Section 1. That Resolution No. 18471, being the Resolution of Necessity for the City of Dubuque 1971 Asphalt Paving Project No. 1, be and the same is hereby amended by deleting the following portions of the following named streets therefrom: Drexel Avenue from the N.P.L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. Fairfax Avenue from the N.P.L. of Van Buren Street to the S.P.L. Of Pennsylvania Avenue. Hickson Avenue from the N.P.L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. Marmora Avenue from the N.P.L. of Fairfax Avenue to the S.P.L. of Pennsylvania Avenue. Wisconsin Avenue from the W.P.L. of Marmora Avenue to the S.P.L. of Pennsylvania Avenue. Passed, adopted, and approved this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitters Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Decision of Council upon ob- jections to plans, specifications, form of contract and cost of improvements RESOLUTION No. 241.71 WHEREAS, proposed plans and specifications and form of contract for the CITY OF DUBUQUE 1971 ASPHALT PAVING PROJECT NO. 1 1. Asbury Road from the W.P.L. of Lot 1-1.1 of Asbury Park; West to the Corporation Limits. 2. Central Avenue from the N.P.L. of Ninth Street to the S.P.L. of Fourth Street. 3. Eagle Point Park - Roadway. 4. Eighth Street Service Drive from the W.P.L. of Central Avenue to the Alley West of Central Ave- nue. 5. Hamilton Street extension from the E.P.L. of Kerper Boule- vard to the E.P.L. of Lot 1.2.1 of Block 5 of River Front Sub. No. 3. 6. Loras Blvd. from the W.P.L. of Walnut Street to the E.P.L. of University Avenue. have been approved by the City Council of Dubuque and public notice given as provided by Chap- ter 23 of the Code of Iowa, 1971, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all object- 332 Regular Session, August 2. 1971 ions to said plans, specifications or contract for or cost of such im- provements, said time being this 2nd day of August, 1971; and WHEREAS, the City Council met in regular session this 2nd day of August, 1971, 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; 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 re- cord in connection with said im- provement, Passed, adopted, and approved this 2nd day of August, 1971. Gaylord M. Couchman Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Attest: Councilmen Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. (Necessity for Improvement) RESOLUTION NO. 184.71 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 of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 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 1971 Asphalt Paving Project No. 1. 1. Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park; West to the Corporation Limits, 2. Central Avenue from the N.P. L. of Ninth Street to the S.P.L. of Fourth Street, 3. Drexel Avenue from the N.P. L. of Van Buren Street to the S. P.L. of Pennsylvania Avenue. DE LETED. 4. Eagle Point Park—Roadway. 5. Eighth Street Service Drive from the W.P.L. of Central Ave- nue to the Alley West of Central Avenue. 6. Fairfax Avenue from the N. P.L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. DELETED. 7. Hamilton Street extension from the E.P.L. of Kerper Boule- vard to the E.P.L. of Lot 1-2-1 of Block 5 of River Front Sub. No. 3. 8. Hickson Avenue from the N.P.L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. DELETED. 9. Loras Blvd. from the W.P.L. of Walnut Street to the E.P.L. of University Avenue. 10. Marmora Avenue from the N.P.L. of Fairfax Avenue to the S.P.L. of Pennsylvania Avenue. DELETED. 11. Wisconsin Avenue from the W.P.L. of Marmora Avenue to the S.P.L. of Pennsylvania Avenue. DELETED. Regular Session, August 2, 1971 333 BE IT 'THEREFORE RESOLVED that the City Council on its own motion or upon petition ioof ro - edeemsrtY owners, and necessary for the public wel- fare to make the herein mentioned improvement, and unless proper- ty 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 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 street fund. 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 assess- ment 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 28th day of June, 1971. Record of Final Adoption The foregoing resolution was finally passed and adopted as amended by the City Council this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved final adoption of the resolution. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Orderino Construction) RESOLUTION No. 242.71 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu- tion of necessity No. 18471 which was duly passed by this Council, for the construction of City of Du- buque 1971 Asphalt Paving Pro- ject No. 1 1. Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park; West to the Corporation Limits. 2. Central Avenue from the N.P.L. of Ninth Street to the S.P.L. of Fourth Street. 3. Eagle Point Park - Roadway. 4. Eighth Street Service Drive from the W.P.L. of Central Ave- nue to the Alley West of Central Avenue. 5. Hamilton Street extension from the E.P.L. of Kerper Boule- vard to the E.P.L. of Lot 1.2.1 of Block 5 of River Front Sub. No. S. 6. Loras Blvd. from the W.P.L. of Walnut Street to the E.P.L. of University Avenue. 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 the funds of the city. Pay- ment will be made to the contract for out of funds realized from the sale of Street Improvement bonds to be issued in anticipation of de- ferred payments of assessments as 334 Regular Session, August 2, 1971 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 manned 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 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 2nd day August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for con. struction of CITY OF DUBUQUE 1971 CONCRETE PAVING WITH INTEGRAL CURB PROJECT NO. 1 1. Carnegie Stout Public Library Bookmobile Driveway. 2. Seventh Street from W.P.L. of Central Ave. to the E.P.L. of Iowa Street, presented and read. No written objections were filed and no oral objectors were pre. sent at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re. ceived and filed. Seconded by Ma- yor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays — None. Decision of Council upon object tions to plans, specifications, form of contract and cost of im. provements. RESOLUTION NO. 243.71 WHEREAS, proposed plans and specifications and form of con. tract for the City of Dubuque 1971 Concrete Paving with Integral Curb Project No. 1. 1. Carnegie Stout Public Libra- ry -Bookmobile Driveway. 2. Seventh Street from the W. P.L. of Central Ave. to the E.P.L. of Iowa Street. Have been approved by the City Council of the City of Dubuque and public notice given as pro. vided by Chapter 23 of the Code of Iowa, 1971 pertaining to pub- lic 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 August, 1971; and WHEREAS, the City Council met in regular session this 2nd day of August, 1971, at 7:30 o'clock P.M. at the Council Cham- bers in the City Hall for the pur- pose of hearing all interested par- ties and considering any and all objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested par- ties have been given an opportun- ity 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, 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 Regular Session, August 2, 1971 335 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 August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION No. 187-71 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 are now on file in the office of the City Clerk showing among oth- er things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. 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 1971 CON- CRETE PAVING WITH INTEGRAL CURB PROJECT NO. 1 1. Carnegie Stout Public Library Bookmobile Driveway. 2. Seventh Street from the W.P.L. of Central Ave. to the E.P.L. of Iowa Street. 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 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 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. The above resolution was intro- duced, approved and ordered placd on file with the City Clerk this 28th day of June, 1971. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Ordering Construction) RESOLUTION No. 24471 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a re- solution of necessity No. 187-71 which was duly passed by this Council, for the construction of City of Dubuque 1971 Concrete Paving with Integral Curb Pro- ject No. 1 1. Carnegie Stout Public Library - Bookmobile Driveway 2. Seventh Street from the W.P.L. of Central Ave. to the E.P.L. of Iowa Street. be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed with the plans 336 Regular Session, August 2, 1971 and specifications heretofore adop- ted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that payment will be made to the contractor out of RUT and Library Funds 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 to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate neces- sity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted, and approved this 2nd day August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Bitter left his place at the Council table at 11:30 P.M. RESOLUTION No. 190.71 WHEREAS, Barton-Aschman As- sociates, Inc. has prepared study of Topics Improvement -Tenth Street; and WHEREAS, said study concludes that it is apparent that a change in priority relating to Tenth Street is warranted placing same in first priority: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. That the change in priority placing Tenth Street first in the study of Topics Improve- ment as considered and reported by Barton-Aschman Associates, Inc. in its report dated June 4, 1971 be and the same is hereby approved. Section 2. That the City Manager be and he is hereby authorized and empowered to commence the necessary proceedings to imple- ment such study by way of ne- gotiating for rights-of-way and se- curing state and federal financial assistance under Topics Program, and such other steps as are neces- sary and incidental thereto and to that end the City Manager shall make periodic report to its City Council of his progress in con. nection therewith. Passed, approved, and adopted this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Pregler. Nays — Councilman Molden- hauer. Absent — Councilman Bitter. Proof of Publication, certified to by the Publisher, and receipt for certified mail of John & Be- verly Glynn of notice of public hearing to consider Manager's re- port as to the condition of the buildings at 690 E. 16th Street located on E% of Lot 355 in East Dubuque Addn., 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 hear- ing. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun• cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Regular Session, August 2, 1971 337 RESOLUTION No. 235.71 WHEREAS the City Manager has reported to the City Council that the building and premises lo- cated on the East % of Lot 355 in East Dubuque Addition, known as 690 East 16th Street in the City of Dubuque, Dubuque County, Io- wa, are dangerous to life and health because of the condition and that demand has been made by him upon John and Beverly Glynn, 155 Croydon Crest, Du- buque, Iowa, as owners of said property that the condition com- plained of be corrected and that said owner has failed to correct the conditions within the time provided by the notice; and, WHEREAS on July 6, 1971, the City Council set said report down for hearing at 7:30 o'clock P.M. Central Daylight Time on August 2, 1971, in the City Council Cham- ber in the City Hall in the City of Dubuque, Dubuque County, Io- wa, and directed the City Clerk to give notice of said hearing; and, WHEREAS it appears by return of service now on file in the re- cords of the City Council that no- tice of said hearing was given by serving by Registered Mail on July 8, 1971, and by publication in the Telegraph Herald newspa- per on July 9, 1971, and, WHEREAS pursuant to said no. tice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Daylight Time on August 2, 1971, in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above described real estate were afforded an opportunity to be heard and witnesses concerning the condition of the property and the hazard was heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the pre- mises and has reached its deter- mination. NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structure known as 690 East 16th Street and located on the East % of Lot 355 in East Dubuque Addition in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and declared to be dan- gerous to life, health and property and a nuisance; Section 2. That the City Manager be and he is hereby authorized and directed to cause the struc- ture known as 690 East 18th Street and located on the East % of Lot 355 in East Dubuque Ad- dition in the City of Dubuque, Du- buque County, Iowa, to be dis- mantled and removed. Section 3. That upon completion of said work, the City Manager shall certify the cost thereof to the City Clerk. Sec}ion 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section 5. That the City Clerk be and is hereby directed to re- cord a certified copy of this Re- solution in the ofice of the County Recorder of Dubuque County, Iowa. Passed, adopted, and approved this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent — Councilman Bitter. Proof of Publication, certified to by the Publisher, of Notice of hearing on resolution of Neces- sity, upon proposed plans, specifi- cations, form of contract for con- struction of 1971 Traffic Signal and Street Lighting Project, pre- sented 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 hear- ing. Councilman Meyers moved that the proof of publication be re- 3313 Regular Session, August 2, 1971 ceived and filed. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. (Necessity for Improvement) RESOLUTION No. 220-71 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 1971 Traffic Signal and Street Lighting Project. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final resolution have on file with the City Clerk, objections to the amount of the cost of the im- provement, 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 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 the Road Use Tax Fund and Utilities Fund. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk thisl9th day of July, 1971. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro. posed, by the City Council this 2nd day of August 1971, Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Attest: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas ._ Mayor Couchman, Coun. cilmen Meyers, Moldenhauer. Preg. ler. Nays — None. Absent — Councilman Bitter. (Ordering Construction) RESOLUTION No. 236.71 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE, IOWA that pursuant to a Resolution of Necessity No. 226 71 which was duly passed by this Council for the improvement of 1971 TRAFFIC SIGNAL AND STREET LIGHTING PROJECT Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own- ers. 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 the Road Use Tax Fund and Utilities Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE CESSITY shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Moyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the Receipt of pro- posals for the construction of 1971 Regular Session, August 2, 1971 339 Traffic Signal and street lighting project, presented and read. Coun- cilman Pregler moved that the proof of publication be received and filed. Seconded by Council- man Moldenhauer. Carried by the following vote: Peas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. July 30, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, scaled bids were received until 10:00 A.M. - D.S.T., Friday 30 July, 1971 for the 1971 TRAFFIC SIGNAL AND STREET LIGHT- ING PROJECT. Three (3) proposals were receiv- ed on the project. The low bid was submitted by Moldt Electric Ser- vice Inc. Their low bid was 24. 38% below engineers estimate. I recommend that the contract for the improvement be awarded to the Moldt Electric Service Inc. of Dubuque, Iowa. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. (Awarding Contract) RESOLUTION No. 237-11 WHEREAS, sealed proposals have been submitted by contrac- tors for the 1971 TRAFFIC SIGNAL AND STREET LIGHTING PROJECT pursuant to Resolution No. 221-71 and notice to bidders published in a newspaper published in said City on July 20, 1971 and July 27 1971; and WHEREAS, said sealed propo sals were opened and read on 3( July, 1971, and it has been deter mined that the bid of Moldt Elec tris Service Inc. of 2565 Fron' Street, Dubuque, Iowa in thi amount of $42,931.10 was the low est bid for the furnishing of al labor and materials and perform ing the work as provided for ii he plans and specifications; now .herefore, BE IT RESOLVED by the City 7ouncil of the City of Dubuque .hat the contract for the above mentioned improvement be award- ed to Moldt Electric Service. Inc. and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete perfor- ,nance of said work. BE IT FURTHER RESOLVED that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen -Meyers. Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter RESOLUTION No. 245.71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes with the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette papers within said City. Robert P. Kelly & Ronald T. Amundson, 1091 Main Street. BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk 340 Regular Session, August 2, 1971 Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- I ler. Nays — None. Absent — Councilman Bitter. I RESOLUTION No. 246-71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Ramona Fettgather, 1103 Iowa Street Creslanes Bowling, Inc., 255 South Main Street Riverside Bowl, Inc., 1860 Haw. thorne Street Donna M. Ginter, 342 Main Street CLASS "C" BEER PERMIT The Great Atlantic & Pacific Tea Co., Inc., 3333 Asbury Road Passed, adopted and approved this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: 'leas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. RESOLUTION No. 247.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to is- sue to the following named appli. cants a Beer Permit. CLASS "B" BEER PERMIT Ramona Fettgather, 1103 Iowa Street Creslanes Bowling, Inc., 255 South Main Street Riverside Bowl, Inc., 1860 Haw. thorne Street Donna M. Ginter, 342 Main Street CLASS "C" BEER PERMIT The Great Atlantic & Pacific Tea., Inc., 3333 Asbury Road BE IT FURTHER RESOLVED that the bonds filed by such appli. cants be and the same are here- by approved. Passed, adopted and approved this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. RESOLUTION No. 248.71 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— C1 AYTER 123—as amended by the 62nd General Assembly, 1967. CLASS "C" COMMERCIAL ESTABLISHMENT Marco Giunta, 2022 Central Ave- nue Pete S. Sfikas and Gust Karigan, 401.405 Central Avenue Melvin A. Spiegelhalter, 1029% Main Street Regular Session, August 2, 1971 341 Donna M. Ginter, 342 Main Street Councilman Pregler moved adop- American Veterans of World War tion of the resolution. Seconded #2 Korea, Post #3, 36 West 4th by Mayor Couchman. Carried by Street the following vote: Passed, adopted and approved Yeas — Mayor Couchman, Coun- this 2nd day of August, 1971. cilmen Meyers, Moldenhauer, Preg- Gaylord M. Couchman ler. Mayor Nays — None. Walter A. Pregler Absent — Councilman Bitter. Wayne A. Moldenhauer There being no further business Donald R. Meyers upon motion Mayor Couchman Councilmen moved to adjourn. Seconded by Attest: Councilman Pregler. Carried by Leo F. Frommelt the following vote: City Clerk Yeas — Mayor Couchman, Coun- Councilman Pregler moved adop- cilmen Meyers, Moldenhauer, Preg. tion of the resolution. Seconded by ler. Mayor Couchman. Carried by the Nays — None. following vote: Absent — Councilman Bitter. Yeas — Mayor Couchman, Coun- Leo F. Frommelt cilmen Meyers, Moldenhauer, Preg- City Clerk ler. Nays — None. Absent — Councilman Bitter. P.ESOLUT ON No. 249.71 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 ap- plicants a Liquor Permit. CLASS 'C" CCMMERCIAL ESTABLE HMENT Marco Giunta, 2022 Central Ave- nue Pete S. Sfikas and Gust Karigan, 401-405 Central Avenue Melvin A. Spiegelhalter, 1029', Main Street Donna M. Ginter, 342 Main Street American Veterans of World War #2 Korea, Post #3, 36 West 4th Street Passed, adopted and approved this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Approved December 20,197 1 December 201 ...............................I... 197.. U(L .. ........... ......... 342 Special Session, August 9, 1971 CITY COUNCIL OFFICIAL Spacial Session, ;%ugust 9, 1971. Counc:l met at 7:30 P.M. (D.S.T.) Present -- Mayor Couchman, Councilmen Bitter, Meyers, Mol- denhauer, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of conducting a public hearing on the REZONING OF A PORTION OF HARDT PLACE, and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Low -Rent Housing Commission submitting minutes of their meeting of July 20, 1971, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by CouncilmanBit- ter. Carried by the following vote: Yeas Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays _ None. Mayor Couchman submitted the names of Mary C. Fleming and Florence M. Hennig for reappoint- ment to the Low -Rent Housing Commission to August 17, 1973. Councilman Pregler moved ratifi- cation of the appointments. Sec. onded by Councilman Bitter. Car- ried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays --None. RESOLUTION No. 251-71 CONFIRMING THE REAPPOINT- MENT OF 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, adop- ted Resolution No. 24470, electing to exercise the powers contained in Chapter 403A of the Iowa Code Of 1%6, as amended, by the City Council of the City of Dubuque, Iowa, and bN• 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 said Resolution No. 244-70 and to Re. solution No. 36-71 appointed the original Board of Cimmissioners for the Low -Rent Housing Com- mission of the City of Dubuque; and WHEREAS, it is deemed in the best interest of the City of Du- buque to reappoint for an addition. al term of office, certain said Commissioners whose terms expire August 16, 1971; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the action of the Mayor of the City of Dubuque, Iowa, in reappointing Mary C. Fleming, to August 17, 1973 Florence M. Hennig, to August 17, 1973 as Commissioners of the Low -Rent Housing Commission of the City of Dubuque, Iowa, is hereby ap- proved and the reappointment of each and every one of said Com- missioners is hereby confirmed by this City Council for the period respectively designated in the Cer- tificate of Appointment of Com- missioners now on file in the of- fice: of the City Clerk. Passed, approved and adopted this 9th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Iheo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of Lions Club recommending that the Council aid the blind in any way possible to secure a place to begin a re- creational and training program Special Session, August 9, 1971 343 presented and read. Mayor Couch- man moved that the communica- tion be. received and filed. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of the Women of the Moose being in full accord with the wishes of the Dubuque Assn. of the Blind in their de- sire to obtain the Naval Reserve Building, presented and read. Ma- yor Couchman moved that the communication be, received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of WaTanYe Assn. indicating their unanimous support for the Dubuque Assn. of the Blind in their request to use the Naval Reserve Building as a meeting place and a haven for the sightless, presented and read. Mayor Couchman moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of the Ladies Auxiliary of World War No. 1 registering support for the Du- buque Assn. of the Blind to have space in the Naval Reserve Build- ing, presented and read. Mayor Couchman moved that the com- munication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. 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 Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Mr. Don Gagne, as a representa- tive of the Blind, addressed the Council by stating that the Blind lose their citizenship and request- ed help to restore it. He hoped that the Council would have an open mind in the disposition of the Navy building when it comes to a choice between the Recrea- tion Commission and the Blind. Communication of Dubuque Assn. of the Blind submitting co- pies of correspondence, originals of which were sent to the Chicago Northwestern Railroad Co., re- questing some type of installation of bell warning system at the railroad crossings for the benefit of the Blind, presented and read. Councilman Pregler moved that the communication be received and filed and referred to the City Manager and City Solicitor for in- vestigation. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of Gloria Ring objecting to the laxity of enforce- ment of the Zoning Ordinance by allowing Mrs. Pluym to operate her place of business in direct violation in her particular Dis- trict Zoning Classification, pre- sented and read. Councilman Preg- ler moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and Disbursments and list of claims for the month of June 1971, presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Notice of Claim of Federated Insurance in behalf of John & Alice Duccini of 21315 Kerper Special Session, August 9, 1971 344 Blvd., in an undetermined amount, for property damage incurred as the result of a backed -up sewer on May 30, 1971, presented and read. Councilman Meyers moved that the notice of claim be re- ferred to the City Solicitor for investigation and report. Se- conded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Notice of Claim of Family Beer Store, in the amount of $15.00, for delivery truck damage in- curred as the result of striking an open excavation at 1320 Tomahawk Drive on August 5, 1971, present- ed and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Second- ed by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. July 28, 1971 Hon. Mayor and City Council On October 5, 1971, Lucille W. Becker of 1131 Main, Apt. 4, this city, filed claim against the City of Dubuque in the amount of $600.00 for injuries allegedly suf- fered on September 16, 1970 as the result of an alleged fall in the crosswalk at 7th and Bluff Streets and claimant alleging a broken left arm and forehead and cheek bruises as the result of said fall. This matter was referred to this writer, who has made an investi. gation thereof and have reviewed the medical bills and conferred with claimant, who has made an offer of settlement of this claim in the amount of $400.00 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 Lucille W. Becker in the amount of $400.00 and transmit the same to the City Attorney for delivery upon receipt of duly executed releases. Original claim is returned here- with - Your very truly, R.N. Russo City Attorney Councilman Meyers moved ap. proval of the recommendation. Se- conded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. July 29, 1971 Hon. Mayor and City Council On February 25, 1970. Jane Ann Connolly of 780 Alpine Street, this city, filed claim against the City of Dubuque for personal injuries she allegedly suffered on Feb- ruary 4, 1970 in a fall on the street at or near 780 Alpine Street and claiming accumulated ice and snow thereat. I have conferred with the clai- mant and have investigated this matter and it is the opinion of the City Attorney's office that there is no liability on the part of the City as the claimant, by her own admission and information, was crossing the street at a place ot- her than the crosswalk, and ac- cordingly, it is recommended that said claim be denied. Original claim is returned here- with returned. Your very truly, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Se- conded by Councilman Molden hauer. Carried by the following vote: Yeas — Mayor Coucihman, Coun- cilmen Bitter, Meyers, 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 that part of Hardt Place, de- scribed by a line commencing at a point at the intersection of the south line of Hardt Place and the east right of way line of Wild wood Drive, thence easterly along the south line of Hardt Place a distance of three hundred and se- venty five feet (375') thence north to the south right of way line of West Thirty Second Street, thence southwesterly along the south right of way line of West Thirty Second Street to the east right of way line of Wildblood Drive, Speical Session, August 9, 1971 345 thence southerly along the east right of way line of Wildwood Drive, to the point of beginning in the City of Dubuque, Iowa, from Single Familv Residence Dis- trict Classification to Multiple Re- sidence District Classification, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for public hearing. Mayor Couchman moved that the proof of publication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 34-71 An Ordinance Amending and Changing Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque Iowa" so as to change certain property herein- after described from "Single Family Residence District" clas- sification to "Multiple Resi- dence District" Classification, said Ordinance having been pre- viously presented and read at the Council meeting of July 19, 1971. presented for Final Adoption. ORDINANCE No. 34-71 AN ORDINANCE AMENDING AND CHANGING ORDINANCE No. 3.34 KNOWN AS THE "ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA" 50 AS TO CHANGE CERTAIN PROPERTY HEREINAFTER DESCRIBED FROM "SINGLE FAMILY RESIDENCE DISTRICT" CLASSIFICATION TO " MULTIPLE RESIDENCE DIS- TRICT" CLASSIFICATION NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3.34 known as the "Zoning Map and Zon- ing Ordinance of the City of Dubuque, Iowa" be and the same Is hereby amended by changing from "Sirgie Family Residence District" f lassl- fication to "Multiple Residence Dis- trict' classification the fallowing de- scribed real estate, to wit: That part of Hardt Place, de- scribed by a line commencing at a point at the Intersection of the south Zine of Hardt Place and the east right-of-way line of Wi:dwood Drive, thence easterly along the south Zine of Hardt Place a distance of three hundred and seventy-five feet (375'), thence north to the south right-of- way line of West Thirty -Second Street, thence southwesterly along the south right-of-way line of West rigm-01-way line of Wlldwood Drive., thence southerly along the east right-of-way line of Wildwood Drive tothe point of beginning, all in the City of Dubuque, Iowa. Section 2. That the foregoing Amendment has heretofore been ap- proved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 9th day of August, A.D., 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A.Moldenhauer Dona,d R. Meyers Joseph J. Bitter Councilmen ATTEST: LeoF. Frommelt City Clerk Published officially In The Telearanh. Herald Newspaper this 17th day of August, 1971. Leo F. Frommelt City Clerk. 1t, 8117 Councilman Meyers moved final adoption of the Ordinance. Se- conded by Councilman Bitter. Car- ried by the following ,rote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. July 27, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a public hearing on a proposal to reclas- sify the following described pro- perties lying adjacent to Mercy Medical Center in the City of Du- buque, Iowa. Lot 2 of Lot 2 of Langworthy Place, a subdivision of Lot 1 of Lot 3 of Lot 1 of Lot 2 of Lot 9 of Sub of Mineral Lot 73; Mineral Lot 69; Mineral Lot 70; Lot 1 of Mineral Lot 66; Lot 2 of Lot 2 of Mineral Lot 66, except the south- erly 100 feet thereof; Lots 1 through 17 in Agnes Langworthy's Subdivision of Mineral Lot 71; Lot 2 of Lot 1 of Out Lot 732; except the southerly 100 feet thereof; Lot 1 of Lot 2 of Lot 1 of City Lot 732; Lot 1 of Lot I of Lot 6 of Mineral Lot 72; Lot 2 of Lot 1 of Lot 6 of Mineral Lot 72; Lot 1 of Lot 2 of Lot 6 of Mineral Lot 72; Lot 2 of Lot 2 of Lot 6 of Mineral Lot 72; Lot 4A of Mineral Lot 72; Lot 1 of Lot 4 of Mineral Lot 72; I.ot 1 of Lot 2 of Lot 10 of Mineral I.ot 73; Lot 1 of Lot 1 of Lot 5 of Mineral Lot 72; The vacated and deeded east 10 feet of Lot 11 of Massey Heights; The west 50 feet of Lot 11 of Massey Heights; Lots 12, 13, and 14, each in Massey Heights; "17he easterly 35 feet of Lot 15 in Massey Heights; Vacated Clara Street; Vacated Augusta Street; Vacated Peabody Street; Vacated portion of James Street lying south of Langworthy Ave- nue; The vacated alley in Agnes Langworthy's Subdivision of Mi- 346 Special Session, August 9, 1971 neral Lot 71, be included in Ar- ticle IV, Section 2(h) of the Zoning Ordinance of the Citv of Dubuque, Iowa. The westerly 5 feet of Lot 15, Massey Heights; Lots 16, 17, 18, 19, and 20, each in Massey Heights; Lot 3 of Mineral Lot 72; Lot 3 of Part of Mineral Lot 68, be reclas- sified from Two Family Residence classification to Multiple Resi- dence classification and included in Article IV, Section 2(h) of the Zoning Ordinance of the City of Dubuque, Iowa. The Commission found that this proposal is consistent with the pro- posed Zoning Ordinance. It is the recommendation of the Planning and Zoning Commission that the proposal be adopted. Respectfully submitted. City Planning and Zoning Commission Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation. Se- conded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 40.71 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34 KNOWN AS THE "ZO- NING MAP AND ZONING OR- DINANCE OF THE CITY OF DUBUQUE IOWA" SO AS TO CHANGE CERTAIN PROPERTY HEREINAFTER D E S C R I B ED FROM "TWO FAMILY RESI- DENCE DISTRICT" CLASSIFI- CATION TO "MULTIPLE RESI- DENCE DISTRICT" mASSIFI- CATION, (propert acent to presente(l I@A ie&l t A t 6 Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couchman. Carried by the follow. ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. haver, Pregler. Nays — None. Councilman Meyers moved that a public hearing be held on the Ordinance on August 30, 1971, at 7:30 P.M. in the Council Chamber at the Citv Hall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Ma. yor Couchman. Carried by the fol. lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 41-71 AN ORDINANCE AMENDING ORDINANCE. NO. 3.34 KNOWN AS THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY AMENDING ARTICLE IV, SEC- TION 2 (h) THEREOF TO IN- CLUDE CERTAIN DESCRIBED REAL ESTATE IN WHICH PRO- FESSIONAL OFFICES OR STU- DIOS OF A PHYSICIAN, DEN- TIST, ARCHITECT, ENGINEER LAWYER, REALTOR, INSU- RANCE, MUSICIAN, OR SIMI- LAR PROFESSIONS MAY BE PERMITTED, (property adjacent to Mercy Medical Center) presented and read. Councilman Meyers moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Special Session, August 9, 1971 347 Councilman Meyers moved that a public hearing be held on the Ordinance on August. 30, 1971, at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- bauer, Pregler. Nays — None. ORDINANCE No. 42-71 AN ORDINANCE AMENDING ORDINANCE NO. 3-34 KNOWN AS THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY AMENDING ARTICLE IV, SEC. TION 2 (h) THEREOF TO IN- CLUDE CERTAIN DESCRIBED REAL ESTATE IN WHICH PRO. FESSIONAL OFFICES OR STU- DIOS OF A PHYSICIAN, DEN- TIST, ARCHITECT, ENGINEER, LAWYER, REALTOR, INSU- RANCE, MUSICIAN, OR SIMI- LAR PROFESSIONS MAY BE PERMITTED (property adjacent to Mercy Medical Center) presented and read. Councilman Meyers moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Meyers moved that a public hearing be held on the Ordinance on August 30, 1971, at 7:30 P.M. in the Council Chamber at the City Ball and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. July 29, 1971 To the Honorable Mayor and City Council I am returning to you the peti- tion of William Kerstein for the erection of a fence on city pro- perty at Fengler Street. I recommend that an ordinance be adopted, permitting the erec- tion of the fence, requiring its re- moval upon notice from the city and placing any liability obligation on the petitioner. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Se- conded by Councilman Molden- hauer. Carried by the following vote: Yeas •— Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 43.71 AN ORDINANCE AUTHORIZ- ING WILLIAM J. & DIANE E. KERSTEIN OF 1114 GARFIELD AVE. TO CONSTRUCT A FENCE AROUND CITY -OWNED PRO- PERTY AT FENGLER & GAR - FIELD ON W. 100' OF LOT 11 AND S. 3.5' OF W. 110' OF LOT 12 OF JAEGER'S SUB. presented and read. Councilman Bitter moved that the reading just had be consider. ed the first reading of the Ordi- nance. Seconded by Councilman Meyers. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. 348 Special Session, August 9, 1971 ORDINANCE No. A3-71 d agree to be bound by the condi. tions and agreements therein contain- anDated AUTHORIZING AN ORDINANCE J. 6 Diane E. Kerstein of ed ed to be Perin28, 1 by permittees. I June 2 971 1114 Garfield Ave. /s/ it am J. Kerstein TO CONSTRUCT a fence around 6 /s/ Diane e E. Kerstein city -owned property At Fenger Garfield on W. 100' of Lot 11 and S. Permittees Published officially in The Telegraph. 3.5' of W. 110' of Lot 12 of Jaeger's Herald Newspaper this 12th day of Sub. August, 1971. BE IT ORDAINED BY THE CITY Leo F. Frommelt City Clerk. r;oUNCIL OF THE CITY OF DU. It. 8/12 BIJOUE IOWA: Section 1. That City of Dubuque as Councilman Bitter moved final owners of the Premises known as W. 100' of Lot n and S. 35' of W. no' adoption of the Ordinance. Second - of Lot 12 of Jaeger's Sub. in the City of Dubuque be, and they are hereby ed by Councilman Meyers. Carried granting the revocable license and b the f011Ott-in y g Vote: authority to construct and maintain a 3' high fence under the terms and yeas — Mayor Couchman, Coun. conditions set forth in this Ordinance. Section 2. That such construction oilmen Bitter, Meyers, Molden. shall be done In accordance with plans heretofore submitted by per. halter, Pregler. mittees and approved by City Mana- ander y ger, uthe supervision and direc- tion of the City Manager, and in ac- cordance with all applicable state and petition Of Dub Dubuque 9 Service Sta- federal laws and r illations, and the the `city Dubuque. Ordinances of of Section 3. That the here- tion Operators Assn. Inc. objecting Permission in granted is expressly conditioned on t0 payment of $10.00 fire inspec Permittees agreement to: a) Assume any and all liability for tion fee, indicating that they are damages to Persons or property which being discriminated against and may result from the. existence, Con- struction or maintenance of said 3' that the fee should be charged to high fence; b) To Pay on behalf of the City the owners of the buildings ra- of Dubuque all sums which the City of Dubuque shall become ob'igated to ther than the station operators, Pay by reason of the liability im- presented and read. Posed upon the City of Dubuque for damages of any kind resulting from Mayor Couchman moved that the the existence, construction or ma:n- e tenance or said 3 high fence, sus- petition be received and filed. Se- by any Person th persons, by acudent or otherwise, to conded b Councilman Molden- y defend defend at its own expense and on hauer. Carried b r the following behalf of said City any claim against the City of Dubuque arising out of the Vote: existence, construction or mainten- ance of 3' high fence; Yeas — Mayor Couchman. Coun- c) To Indemnify and Hole City of Dubuque tree and harmless from any cilmen Bitter, Meyers, Molden- and an claims, toss, liability and ex- hauer, Pregler.parse for iniuries to third persons or damages to Property of third Persons, Nays — None. or for damage to any property of City of Dubuque which may occur as a resultof or inconnection with the Fire Chief Dunphy stated that construction, maintenance and repair of the facility, work or improvement his department made 194 inspeC- p Sectio d herein, Section A. That the permission herr tions, involving 278L2 man hours In granted is expressly conditioned upon Permittees further agreement covering 139 service stations. The that should the right and Privilege average Cost Is $4.00 per hour herein granted be rescinded or rr voked by the city Council, Permit- for two first class firemen. tees, or their successors in interest, shall within thirty (30) days atter petition of Lone Star Drill receipt of written notice from the City Manager, so to do, at their own Team requesting proclamation for expense, remove said 3' high fence, a "Dimes for Lone Stars Day's on andc n the event of their failure to do, the City :;f Dubuque shall be au. August 24th and further request- thorized to remove said 3' high fence, at Permittees expense and dispose of ing permission to CO11eCt dimes the same, and the permittees shall from door to door, presented and have no Calm against the City or its agents for damages resulting from read. Councilman Pregler moved the removal of said 3' high fence. Section S. This Ordinance shall be, that the petition be granted and come affective and the rights here- under accrue to William J. ii Diane the Mayor so proclaim. Seconded E. Kerstein when this Ordinance has by Mayor Couchman. Carried by been adopted by the City Council and the terms and conditions thereof the following vote: accepted by Permittees by aceciot ince endorsed on this Ordinance. Yeas —Mayor Couchman. Coun- Pessed, adopted and approved this 9th tley of August, A.D.. 1971. cilmen Bitter, Meyers, Molden Gaylord M. Couchman hauer, Pregler. Mayor Welter A. Pregler Nays — None. Wayne A. Moldenhauer Donald R. Joseph Bi Petition of Neil W. Loney of 52 ATTEST: Councilmen E. 25th Street, requesting closing Leo City c •erk mQ" of the alley from 25th Street, ap- ACCEPTANCE OF ORDINANCE No. proximately half way between 24th 43-71 The undersigned having raid and & 25th Into White Street, as truck familiar with the terms and traffic is damaging his home which conditions of Ordinance No 4371 hereby. for themselves, their suc- runs along alley separating Cen. buttingoPreoperrs acceptnmeoiame tral and White streets, presented Special Session, August 9, 1971 349 and read. Councilman Pregler moved that the petition be referr- ed to the Manager and Traffic De- partment. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Evening Optimist Club of Dubuque requesting per- mission to conduct door-to-door so- licitation watermelon sale dur- ing the week of August 9th to 13th to help finance its boy's work activities, presented and read. Mayor Couchman moved that the petition be granted. Se- conded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Dubuque Town Clock Plaza Task Force requesting the Mayor to proclaim August 12. 13, and 14, 1971, as Town Clock Plaza Days and to execute a pro- clamation as evidence of the de- claration, presented and read. Councilman Pregler moved ratifi- cation of the proclamation. Second- ed by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Tschiggfrie Excavat- ing requesting permission to exca- vate at 320 E. 24th Street to re- pair broken water main, present- ed and read. Councilman Meyers moved that the petition be grant- ed. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of John V. Meehan re- questing action on recommenda- tion of Park Board granting ease- ment for driveway to Lot #t2 Eagle Point View in Eagle Point Drive, Presented and read. Councilman Pregler moved that the petition be received and filed and referred for action to the meeting of Au- gust 30th. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Dubuque Sertoma Club requesting the Mayor pro- claim September 18, 1971, as "Light the Way for Retarded Child- ren's Day", presented and read. Councilman Meyers moved appro- val of the petition. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Donald F. Brus re- questing necessary legislation to provide for the elimination of ar- chitectural barriers in the con- struction of buildings to help the handicapped, presented and read. Mayor Couchman moved that the petition be referred to the Mana- ger and Building Department. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- haur, Pregler. Nays — None. Petition of Colt .45 Drum & Bug- le Corps requesting permission to conduct a parade on September 4, 1971, presented and read. Coun- cilman Moldenhauer moved that the petition be granted and re- ferred to the Manager for imple- mentation. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays -- None. RESOLUTION No. 250.71 RESOLUTION REQUIRING ABUTTING PROPERTY OWN. ERS TO MAKE SEWER AND WATER AND GAS CONNEC- TIONS. WHEREAS the City Council has heretofore adopted Resolution No. 184-71, being the Resolution of Ne- cessity for permanently improving City of Dubuque 1971 Asphalt Paving Project No. 1 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL 350 Special Session, August 9, 1971 OF THE CITY OF DUBUQUE, IO- WA: 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 Au- gust 30, 1971. 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. 128, ordering compliance with this Re- solution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Re. solution, the the City Manager shall proceed to have said con. nection made upon a contract made and entered into for that Purpose and upon completion, re- port said fact together with the cost thereof to the City Council, whereupon the cost of such con- nection shall be assessed against such abutting property. Adopted this 9th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None, July 27, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed the fi- nal plat of Lots 1 through 24 in- clusive of Block 1 and Lots 14 through 40 inclusive of Block 3; and Lot B all in Sunset Park Sub. division No. 3, in the City of Du- buque, Iowa. The Commission has found that the plat conforms to the proposed plat for this area and is an ap. propriate design for the proposed use. It is the recommendation of the Commission that the plats be ap- proved. Respectfully submitted, City Planning and Zoning Commission Don Gilson City Planner Councilman Pregler moved ap. proval of the recommendation. Se. conded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 252.71 RESOLUTION APPROVING THE PLAT OF LOTS 1-24 INCLU. SIVE BLOCK NO. 1; LOTS 14. 40 INCLUSIVE BLOCK NO. 3; and LOT B. ALL IN SUNSET PARK SUBDIVISION NO. 3, IN THE CITY OF DUBUQUE, IO- WA. Whereas, there has been filed with the City Clerk a platin which: Block 1 and Lot A Sunset Park Subdivision No. 3 in the City of Dubuque, Iowa, is platted as Lots 1.24 inclusive Block No. 1; Lots 14.40 inclusive Block No. 3; and Lot B, all in Sunset Park Sub- division No. 3 in the City of Du- buque, lova, by Schiltz Development Corpora- tion as Owner 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 streets to be known as Hillcrest Road, Grant Street, and also ease. ments for public utilities which the Owner upon said plat has dedi- cated to the public forever; and Whereas said plat has been found by the City Council to con- form to the Statutes and Ordinan- ces relating thereto except that the streets have not been re- duced to grade or paving, sewer, water or sidewalks installed there- in; NOW THEREFORE, BE IT RE SOLVED BY THE CITY COUNCIL OF THE CI'T'Y OF DUBUQUE, IO- WA: Special Session, August 9, 1971 351 Section 1. That the dedication of Hillcrest Road and Grant Street, together with the casements for public utilities all as the same ap- pears upon said plat; be and the same are hereby accepted and that said streets be and are hereby established as public streets in the City of Dubuque; Section 2. That the plat of Lot A and Block 1 Sunset Park Sub- division No. 3, in the City of Du- buque, Iowa, and which will here- after be known as Lots 1.24 in. clusive Block No. 1; Lots 14-40 in- clusive Block No. 3; and Lot B of Sunset Park Subdivision No. 3 in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby autho- rized and directed to endorse the approval of the City of Dubuque upon said plat providing the Own- er of said property, hereinbefore named, executes written accep- tance hereto attached, agreeing. a. To reduce Hillcrest Road and Grant Street to trade as shown by the profiles submitted with the plat. b. To surface Hillcrest Road, a width of 36 feet, and Grant Street, a width of 30 feet with 6" Portland Cement Concrete Pave- ment with integral curb and gut- ter. All of the foregoing shall be constructed according to the latest City of Dubuque specifications. c. To install sidewalks on both sides of Hillcrest Road and Grant Street in accordance with the City of Dubuque Standard Specifica- tions for Permanent Sidewalks. d. To install water mains in ac- cordance with plans submitted with this plat. e. To intall sanitary sewers in accordance with plans submitted with this plat. f. To install the sanitary sewer and water house laterals for each lot to behind the property line. g. To construct the foregoing improvements in accordance with plans and specifications approved by the City Manager and under the inspection of the City Engi- neer. h. To maintain all street im- provements and sewer and water mains for a period of four (4) Years from the date of its ac. ceptance. i. To construct said improve- ments prior to November 30, 1973. j. To provide the foregoing con- struction and maintenance at the expense of the Owner. and further provided that the Schiltz Development Corporation as Owner of said Subdivision se- cure the performance of the fore- going conditions by providing se- surity in such sums and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Schiltz Development Corporation shall fail to execute the acceptance and provide security provided for in Section 2 hereof within forty- five (45) days from the date of this Resolution 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 recorded roll call vote this 9th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION No. 252.71 Schiltz Development Corporation having read the terms and condi- tions of the foregoing Resolution 252-71 and being familiar with the contents thereof, hereby accepts the same and agrees to perform the conditions therein required. Schiltz Development Corporation /s/ J. G. Schiltz President /s/ L. J. Schiltz Secretary Dated August 10, 1971. To Leo F. Frommelt, City Clerk This is to certify that the se- curity required for the foregoing Resolution 252.71 has been pro- vided by the Owner. Gilbert D. Chavenelle City Manager Councilman Pregler moved adop- tion of the resolution. Seconded 352 Special Session, August 9, 1971 by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Mr. Gene Thompson of 3464 Meggan Drive spoke of the bad condition of Dove and Waller Streets. City Engineer White was aware of the situation and pro- mised a full report for the meet- ing of September 7, 1971. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Leo F. Frommelt City Clerk Approved December.. 20 1971 Ado d December 20 1971 '? -n — ........................... Clerk. Special Session, Aupist 18, 1971 353 CITY COUNCIL OFFICIAL Special Session, August 18, 1971. Council met at 6:45 P.M. (D.S.T.) Present — Mayor Couchman, Councilmen Meyers, Moldenhauer, Pregler. City Manager Gilbert D. Chavenelle. Absent — Councilman Bitter. Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of ADOPTING RESOLUTIONS AU- THORIZING THE ISSUANCE OF BUSINESS LICENSES and acting upon such other business as may properly come before a regular meeting of the Council. RESOLUTION No. 253-71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette papers within said City. James J. Klauer, 1646 Asbury BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 18th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. RESOLUTION No. 254-71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT ,Tames J. Klauer, 1646 Asbury Emma M. Scherer, 1187 Iowa Street. Passed, adopted and approved this 18th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays --_ None. Absent — Councilman Bitter. RESOLUTION No. 255-71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT James J. Klauer, 1646 Asbury Emma M. Scherer, 1187 Iowa 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 18th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Wayne. A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk 354 Special Session, August 18, 1971 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers. Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. RESOLUTION No. 2S6.71 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 62nd General Assembly, 1967. CLASS "C" COMMERCIAL ESTABLISHMENT James J. Klauer, 1646 Asbury Passed, adopted and approved this 18th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter, RESOLUTION No. 257-71 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 wer inspected and loud to comply wit 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 Dubuque, Iowa, that the Manager/ be authorized to cause to be i sued to the following named ap- plicants a Liquor Permit.. CLASS "C" COMMERCIAL ESTABLISHMENT James J. Klauer, 1646 Asbury Passed, adopted and approved this 18th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Leo F. Frommelt City Clerk Approved Pt QeT►.l .r r.... n1971 December 201 .................. 197.. .... .......... City Clerk Special Session, Aiigust 30, 1971 355 CITY COUNCIL (OFFICIAL) Special Session, August 30, 1971, Council met at 7:30 P.M. (C.D.T.) Present — Mayor Couchman, Councilmen Bitter, Meyers, Mol- denhauer, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of CONSIDERING RECEIPT OF BIDS AND AWARDS OF CON- TRACTS FOR THE CONSTRUC- TION OF CITY OF DUBUQUE 1971 STREET PROGRAMS, and acting upon such other business as may properly come before a regular meeting of the Council. Mayor Couchman submitted the following appointments; Mr. King Heer to the Low -Rent Housing Commission to 8-17-73 to replace Mr. Hal Reynolds, recently re- signed; Rev. Robert Odden to serve as Chairman of the Commission; Mrs. Allan Thoms to fill the un- expired term of Glenn D. Johnson to 6-1-74 on the Advisory Com- mission. Councilman Pregler moved ratification of the appoint- ments. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays .--- None. RESOLUT'ON No. 2S8-71 CONFIRMING THE APPOINT- MENT OF A MEMBER 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, adopted Resolution No. 244-70, electing to exercise the powers contained in Chapter 403A of the Iowa Code of 1966, as amended, by the City Council of the City of Dubuque, Iowa, and by said City Council through a Board of Commissioners to the extent of the authority granted said Board by said City Council; and WHEREAS, the Mayor of the City of Dubuque, pursuant to said Resolution No. 244-70 and to Re- solution No. 36-71 has appointed a member to the Low -Rent Hous- ing Commission of the City of Du- buque; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the action of the Mayor of the City of Dubuque, Io- wa, in appointing King Herr, To August 17, 1973 as a Commissioner of the Low - Rent Housing Commission of the City of Dubuque, Iowa, is here- by approved and the appointment of said Commissioner is hereby confirmed by this City Council for the period designated in the Cer- tificat of Appointment of Com- missioners now on file in the of- fice of the City Clerk. Passed, approved and adopted this 30th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of John Rider Wallis suggesting an enforcement program to give relief to the citi- zens who have been bombarded by the ever increasing number of motorcycles, automobiles and trucks with defective or no muff- lers, presented and read. City Manager Gilbert D. Chavenelle sub- mitted an enforcement report, co- vering the above grievance, from January 1, 1971 to present time, upon the conclusion of which Councilman Pregler moved that the Wallis communication be re- ceived and filed. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. 356 Special Session, August 30, 1971 Discussion arose as to the pro- posed increase in taxable valua- tion of property, in the amount of 16`x, for city of Dubuque resi- dents, being so advised by the Di- rector of Revenue of the State of Iowa. Mayor Couchman moved that the City Manager be instructed and directed forthwith to com- municate with the Dubuque Coun- ty Board of Supervisors and the County Auditor, for the purpose of making protest to the adjust- ments proposed and set out in the tentative property valuation no- tice to the County Auditor of Du- buque County, dated August 27. 1971, from the Director of Reve. nue of State of Iowa, in order that any error or errors complained of may be corrected by said Depart- ment. of Revenue. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coon cilmen Bitter, Meyers, Molden hauer, Pregler. Nays — None. August 9, 1971 To the Honorable Mayor and City Council I herewith submit the report of the Health Department for the months of June and July and the report of the City Treasurer for the month of July, 1971, also Wa- ter Department report for July. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. August 24, 1971 The Honorable Mayor and City Council This notice has not been com- plied with and I recommend to the City Council that the provi- sions of Ordinance No. 35.52 be enforced and that the owners of said building, known as 1398 Wash- ington Street, and located on the North 1h of Lot 122 in East Du- buque Addition, City of Dubuque, Iowa, be required to dismantle said building and clean up the pre. mises. Respectfully submitted, Gilbert D. Chavenelle City Manager City of Dubuque, Iowa Councilman Meyers moved ap• proval of the recommendation and the matter be set down for a pub- lic hearing to be held on October 4, 1971, at 7:30 P.M. in the Coun. cil Chamber at the City Hall. Se- conded by Councilman Moldenhau- er. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays — None. July 22, 1971 Mr. Allen Klein 1254 Mt. Loretta Avenue Dubuque, Iowa 52001 State Department of Social Ser. vices 1473 Central Avenue Dubuque, Iowa 52001 To Whom It May Concern: I have personally inspected the building known as 1398 Washing- ton Street, Dubuque, Iowa, and lo- cated on the North ?.z of Lot 122, City of Dubuque, Iowa, and the conditions as they have been re- ported to me by the Building Com- missioner, Fire Chief and the Housing Inspector are substantial- ly correct. A copy of whose re- port is hereto attached and by re- ference made a part hereof. According to City Ordinance No. 35-52, you are hereby given ten (10) days to dismantle the build- ing and clean up the premises. Your very truly, Gilbert D. Chavenelle City Manager City of Dubuque, Iowa August 23, 1971. 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. The $2,389.00 to be paid by the Commission is the same amount as paid in 1970 and 1971. 1 recommend the contract to you and request authority to sign it on behalf of the City. Respectfully, Gilbert D. Chavenelle City Manager Special Session, August 30, 1971 357 Councilman Pregler moved ap- proval of the recommendation. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. August 25, 1971 To the Honorable Mayor and Members of the City Council, This is to advise that 1 have ap- proved the following policy and bonds, and desire to have your ap- proval on same. COMPREHENSIVE LIABILTY Louis Buechel, United States Fi- delity & Guaranty Co. SIDEWALK M. F. Goerdt, dba M. F. Goerdt Construction Co., Merchants Mu- tual Bonding Co. Hartmann Construction Co., Mer- chants Mutual Bonding Co. Richard Ruden, Merchants Mutual Bonding Co. John F. Welter Sons, Western Su rety Company Richard K. Magnall, d/b/a Magnall Construction Co., Western Su- rety Company Respectfully, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved filing approval subject to approval of the City Solicitor. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of John V. Meehan (for- ward from meeting of August 9th) requesting action on recommen- dation of Dubuque Park Board to grant casement for a driveway to Lot #2 Eagle Point View located on Eagle Point Drive, presented and read. Councilman Meyers moved that the petition be re- ceived and filed. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the. Council if they so desire. Second- ed by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Attorney Van Etten addressed the Council in behalf of his client Mr. John V. Meehan by stating that they would try to work out an exchange for adjacent property. August 27, 1971 To the Honorable Mayor and City Council I return to you the letter from the chairman of the Park Board requesting that an easement be granted to the property owner of Lot 2 in Eagle Point Subdivision to gain access to Eagle Point Drive. The letter was referred to the City Solicitor and myself for investiga- tion and report. The papers, plats and documents covering the proposed easement have been examined. The property owner has been contacted as to the sale of the property to the city and it is not available. I recommend that the Council do not grant the easement, and that authority be given to obtain the property through condemna- tion proceedings. In support of this recommenda- tion, I submit a letter from Mr. Russo dated August 25th. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that an easement by oral permission be granted to Mr. Meehan. Motion died for lack of a second. Councilman Pregler moved to authorize the City Manager to is- sue revocable permit and to ex- change property. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—Councilman Bitter. 358 Special Session, August 30, 1971 BEFORE THE STATE APPEAL. BOARD IN THE MATTER OF ) THE AMENDED BUD-) GET FOR 1971 OF ) THE RECREATION ) DECISION COMMISSION OF THE) CITY OF DUBUQUE,) DUBUQUE COUNTY, ) IOWA ) This is an appeal by certain ob- jectors pursaunt to Section 24.27 of the 1971 Code of Iowa from the decision of the City Council of the City of Dubuque in approving an amendment to the budget of the Recreation Commission of that City. A hearing on the matter was held before the State Appeal Board at the City Hall in Dubuque, Iowa at 7:00 p.m. on August 18, 1971, at which time counsel for both the objectors and the City appeared and made presentation. As the budget amendment in question increases the original bud- get of the Recreation Commission, the burden in this case is, pursuant to Section 24.28 of the Code, upon the City of Dubuque to show that that increase is "necessary, rea- sonable, and in the interest of the public welfare." In this regard. we have thoroughly examined the entire record, including the papers and materials proffered to us at the aforesaid hearing, and have carefully considered all of the con- tentions by both sides relative to the matter in question. We hold that the city has clearly fulfilled its aforementioned burden and that the instant budget increase is in fact necessary, reasonable, and in the interest of the public wel- fare. Accordingly, we approve the same. The decision of the City Council therefore, should be, and is, af. firmed. Done this 20th day of August, 1971. STATE APPEAL BOARD By Maurice E. Baringer, Chairman Marvin R. Selden, Jr. Vice Chairman Lloyd R. Smith Member ATTEST: Francis R. Larew Executive Secretary STATE OF IOWA ) ss COUNTY OF DUBUQUE. ) This is to certify that the fore- going as contained on this page is the actual copy received from the State Appeal Board regarding the subject contained therein this 23rd day of August, 1971. Harold P. Meloy, Dubuque County Auditor Councilman Pregler moved that the Decision be made a matter of record. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. August 23, 1971 Hon. Mayor and City Council On April 15, 1970, Maybelle Herrmann commenced an action in the District Court of Dubuque County, Iowa against the City of Dubuque. Iowa in claiming dam- ages in the amount of $5,000.00 for injuries suffered on April 30, 1968 as the result of an alleged fall on Iieeb Street in the City of Du- buque, Iowa claiming an alleged defective condition therein and which public walk abuts the prop- erty owned by Our Lady of Lourdes Convelescent Home. That as a result of said alleged fall, the said plaintiff, Maybelle Herrmann, suffered a fracture of the left ankle, and that the said Maybelle Hermann incurred hos- pital expenses and medical ex- penses and loss of wages in the to- tal amount of $1294.00 and in ad- dition thereto, suffered a five per- cent permanent disability and fur- ther suffered from the existence of a possible ganglion cyst which would require future medical at- tention and surgery. That this matter was scheduled for trial, at which time the plain- tiff made an offer of settlement in the amount of $2500.00 and it is the recommendation of the City Attorney's office that said offer of settlement be accepted and the City Auditor be instructed to draw a warrant payable to May - belle Hermann and Henry Herr- mann, her husband, in the amount of $2,500.00 and transmit the same to the City Attorney for de- livery of receipt of release and proper dismissal of said cause with prejudice. Special Session, August 30, 1971 359 That in addition, upon delivery and recept of the release releas- ing the City of Dubuque and the abutting property owner, the abut- ting owner's insurance carrier has agreed to remit the sum of $1,250.00 to the City of Dubuque, Iowa in full payment of its share of said settlement amount, and. accordingly, it is expected that said amount will be received with- in thirty (30) days. The costs of said action in the amount of $22.00 shall be paid by the City of Dubuque and it is re- quested that the City Auditor be instructed to draw a warrant pay- able to Leroy L. Meyer, Clerk of the District Court, in the amount of $22.00 in payment of said court costs. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Mayor Couchman. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. August 24, 1971 Hon. Mayor and City Council That on the 25th day of May, 1971, M. P. Kluck and Sons, Inc. filed a claim and sworn statement of claim in the amount of $13,748.- 65 for labor performed, material furnished and services rendered in the construction of Cedar Street Lift Station at Dubuque, Iowa and claiming said amount against the City of Dubuque and Healy Me- chanical Contractors, Inc. That on the 16th day of August, 1971, M. P. Kluck and Sons, Inc. has executed a satisfaction of claim and authorizing the City of Du- buque to discharge the same upon the records of the City of Dubu- que, and that in addition thereto, the said M. P. Kluck and Sons, Inc. have executed a Receipt and Waiver of Mechanics' Lien and/or Bond Claim Rights, dated August. 16, 1971, and in addition thereto, the said M. P. Kluck and Sons, Inc, have executed on the 16th day of August 1971 a greneral release, releasing the Healy Mechanical Contractors, Inc, and its surety, Seaboard Surety Co., That I have examined all of said documents and find the same con- form to the specifications of con- tract. and conform to law and ac- cordingly, herewith certify that the claim of M. P. Kluck and Sons, Inc, arising in and out of the Cedar Street. Lift Station construc- tion project against the Healy Me- chanical Contractors, Inc. and City of Dubuque, Iowa be and the same is hereby satisfied, discharged in full. That any and all monies or funds being held to satisfy said claim of M. P. Kluck and Sons, Inc. here- tofore filed may now be paid to the contractor entitled thereto pur- suant to his contract and specifica- tions. Respectfully submitted, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. August 20, 1971 Hon. Mayor and City Council On August 6, 1971, the Family Beer Store of 1575 Central Ave- nue, filed claim against the City of Dubuque in the amount of $15.00 and alleging that said dam- ages occurred to its vehicle on August 5, 1971 as the result of dropping into a hole in the street at 1320 Tomahawk Drive where work was being done. This matter was referred to the City Attorney for handling, and the Street Department of the City has made an investigation of this matter and it appears from their report that said claim should be denied, and accordingly, it is the recommendation of the City Attor- ney that said claim be denied. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. 360 Special Session, August 30, 1971 August 26, 1971 Hon. Mayor and City Council On July 19. 1971, Earl W. Hiatt of 405 Clarke Drive, this City, filed claim against the City of Du- buque. Iowa in the amount of $1800.00 — $2034.00 and alleging that said damages occurred to the roof of his home on July 8, 1971 as the result of a tree limb being blown onto the roof of his front porch during a high wind. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office of no liability on the part of the City and in view of the foregoing, it is the recommendation of the City Attorney that the claim of Earl W. Hiatt be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of Claim of Federated In- surance Co., as a subrogee claim- ant, in the amount of $167.80, for monies paid their insured John & Alice Duccini of 2615 Kerper Blvd., as the result of a sewage back-up on May 30, 1971, presented and read. Councilman Pregler moved that the notice of claim be refer- red to the City Solicitor for in- vestigation and report. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of Claim of Leonard Bol- ing of Holy Cross, Iowa, in behalf of his wife, Marcella Roling, in an undetermnied amount, for per- sonal injuries received by said wife in a fall on the sidewalk in the Mercy Medical Center area on February 24, 1971, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by May. or Couchman. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of Claim of Frank J. Ready, in behalf of his daughter. in an undetermined amount for personal injuries received by said daughter in a fall at the Flora swimming pool on August 7, 1971, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solic. itor for investigation and report. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. Notice of Suit of Richard J. & Kathryn Koos that the City be made a part of action in the an- nexation of real estate to the south of the City over Lot 2 of 2 of 7; Lot 2 of 1 of 1 of 1 of 2 of 7 all of M. L. 501 Section 1 Table Mound Twp. using same as a con- necting link or device to other property which of itself does not adjoin the actual corporate limits of the C tiy, presented and read. Councilman Pregler moved that the notice of suit be referred to the City Solicitor for investigation and report. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to amend Zoning Ordinance No. 3-34 so as to change from Two Family Residence Dis- trict Classification to Multiple Resi- Westerly 5' of Lot 15, Lots 16, 17, 18, 19 and 20 all in Massey Heights Lot 3 of M. L. 72; Lot 3 of part of M. L. 68, all in the City of Du- buque, Iowa, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Council- man Meyers moved that the proof of publication be received and fil- ed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Special Session, August 30, 1971 361 ORDINANCE NO. 40.71 An Ordinance Amending and Changing Ordinance No. 3.34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change certain property herein. after described from "Two Fam- ily Residence District" classifi- cation to "Multiple Residence District" classification (Mercy Hospital area). Said Ordinance having been pre- viously presented and read at the Council meeting of August 9. 1971, presented for final adoption. ORDINANCE No. 10-71 AN ORDINANCE AMENDING AND KNOWN CHANGINAS OTHENAZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA" SO AS TO CHANGE CERTAIN PROPERTY HEREINAFTER DESCRIBED FROM "TWO FAMILY RESIDENCE DIS. TIIPLE CRESIDENCEIOND STRICT' CLASSIFICATION NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3-34 known as the "Zoning Map and Zon. ing Ordiance of the City of Dubuque, Iowa" be and the same is herrebv amended by changing from "Two Family Residence District' Classi. fication to "Multiple Residence Dis- trict" Classification the following de- scribed real estate, to -wit: The westerly 5 feet of Lot 15, Massey Heights; Lots 16, 17, 18, 19 and 20, each in Massey Heights; Lot 3 of Mineral Lot 72; Lot 3 of Part of Mineral Lot 68, all in the City of Dubuque, Iowa. Section 2. That the foregoing Amendment has heretofore been ap. proved by the Planning and Zoning Commission of the City of Dubuque. Iowa. Passed, approved and adopted this 30th day of August. 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhawe Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Pub'Ished officially In The Telegraph Hera'd Newspaper this 2nd day o1 September, 1971. Leo F. Frommelt It 9/2 City Clerk Councilman Meyers moved final adoption of the Ordinance. Second- ed by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher of Notice of Public hearing to amend Zoning Ordinance No. 3-34 by Amending Article IV Section 2 (h) thereof to include the following described real estate in which professional offices or studios of a physician, dentist, architect, engineer, law - ver, realtor, insurance musician or similar professions may he per- mitted to -wit; the Westerly 5' of Lot 15, Lots 16, 17, 18, 19 and 20 all in Massey Heights; Lot 3 of M. L. 72; Lot 3 of part of M. L. 68: Lot 2 of 2 of Langworthy Place a subdivision of Dort 1 of 3 of 1 of 2 of 9 of Sub. of M. L. 73; M. L. 69: M. L. 70; Lot 1 of M. L. 66: Lot 2 of 2 of M. L. 66; except the southerly loo' thereof, Lots 1 thru 17 in Agnes Lang - worthy's Sub. of M. L. 71; Lot 2 of 1 of 0. L. 731, except the south- erly 100' thereof; Lot 1 of 2 of 1 of City Lot 732; Lot 1 of I of 6 of M. L. 72; Lot 2 of 1 of 6 of M L. 72: Lot I of 2 of 6 of M. L. 72; Lot 2 of 2 of 6 of M. L. 72: Lot 4A of M. L. 72; Lot 1 of 4 of M L. 72; Lot 1 of 2 of 10 of M. L. 73; Lot 1 of 1 of 5 of M. L. 72; the vacated and deeded east 10' of Lot 11 Massey Heights; The west 50' of Lot 11, Lots 12, 13 and 14, the easterly 35' of Lot 15 all in Massey Heights, Vacated Clara Street, Vacated Aueusta Street, Vacated Peabody Street, Vacated portion of James Street lying south of Langworthy avenue, the Vacated alley in Agnes Langwor- thy's Subdivision of M. L. 71, 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 hear- ing. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 41.71 An Ordinance Amending Ordin- ance No. 3-34 known as the Zon- ing Map and Zoning Ordinance of the City of Dubuque, Iowa, by Amending Article IV, Section 2 (h) thereof to include certain descrbed Real Estate in which professional offices or studios of a Physician, Dentist, Architect, Engineer, Lawyer, Realtor, In- surance, Musician, or similar professions may be permitted, (Mercy Hospital area) 362 Special Session, August 30, 1971 said Ordinance having been pre- viously presented and read at the Council meeting of August 9, 1971, presented for final adoption. OWA, TO I DI - HE DI- S_ In 1. That Ordinance No. 3-34 as the Zoning Map and Zoning ice of the City of Dubuque, >e and the same Is hereby ,d by amending Article IV, 2 h) thereof as follows: 'ICL IV. tion 2. 0 Professional offices or stu- os, of a physician, dentist, rchitect, engineer, lawyer, malfor, insurance, musician or mllar professions within: hat area In the City of Du- uque Iowa as set out in the at. iched Exhibit." he westerly 5 feet of Lot 15, Assey Heights; Lots 16, 17, 18, and 20, each in Massey eights, Lot 3 of Mineral Lot Lot 3 of Part of Mineral n 2. That the foregoing nent has heretofore been ap. by the Planning and 7.oring :sion of the City of Dubuque, Passed, Approved and adopted this 30th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhausr Donald R. Meyers Joseph J. Bitter ATTEST: Councilmen Leo F. Frommelt City Clerk Published officially in The Telegraph - Herald Newspaper this 2nd day of September, 1971. Leo F. Frommelt M 9/2 City Clerk Councilman Meyers moved final adoption of the Ordinance. Second- ed by Mavor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 42-71 An Ordinance Amending Ordi- nance No. 3.34 known as the Zoning Map and Zoning Ordin- ance of the City of Dubuque, Iowa, by amending Article IV, Section 2 (h) thereof to include certain described Real Estate in which professional offices or studios of a Physician, Dentist, Architect, Engineer, Lawyer, Realtor, Insurance, Musician, or similar professions may be per- mitted, said Ordinance having been pre. viously presented and read at the Council meeting of August 9, 1971, presented for Final Adoption. ORDINANCE No. 42-71 AN ORDINANCE AMENDING ORDI- ZONING MAP AND -34 ZONnINGWN SORDI NANCE OF THE CITY OF DU- B000E, IOWA, BY AMENDING ARTICLE IV, SECTION 2 (h) THEREOF TO INCLUDE CERTAIN WHSICHI©PROFESSIONALSTOFFICES OR STUDIOS OF A PHYSICIAN. DENTIST, ARCHITECT, ENGINEER, LAWYER REALTOR, INSURANCE, MUSICIAN, OR SIMILAR PROFES SIONS MAY BE PERMITTED. NOW THEREFORE BE IT OR. OFITHE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3.34 known As the Zoning Map and Zrr.ng Ordinance of the City of Dubunue, Iowa be and the same Is hereby amended by amending Article IV, Section 2 h) thereof as follows: ARTICLE IV. roressional offices or stu- of a physician, dentist, ect, engineer, lawyer, r, insurance, musician or r professions within: area in the City of Du- Io wa a: set out In the at - Lot 2 of Lot 2 of Langworthv Place, a subdivision of Lot 1 of Lot 3 of Lot 1 of Lot 2 of Lot 9 of Sub. of Mineral Lot 73; Mineral Lot 69; Mineral Lot 70; Lot 1 of Mineral Lot 66; Lot 2 of Lot 2 of Mineral Lot 66, except the southerly 100 feet thereof; Lots 1 through 17 in Agnes Langworthy's Subdivision of Mineral Lot 71; Lot 2 of Lot 1 of Out Lot 731, except the southerly 100' thereof; Lot 1 of Lot 2 of Lot 1 of City Lot 732; Lot 1 of Lot 1 of Lot 6 of Min- eral Lot 72; Lot 2 of Lot 1 of Lot 6 of Min- eral Lot 72; Lot 1 of Lot 2 of Lot 6 of Min- eral Lot 72; Lot 2 of Lot 2 of Lot 6 of Min- eral Lot 72; Lot 4A of Mineral Lot 72; Lot 1 of Lot 4 of Mineral Lot 72; Lot 1 of Lot 2 of Lot 10 of Min eral Lot 73; Lot 1 of Lot 1 of Lot 5 of Min- eral Lot 72; The vacated and deeded east 10 feet of Lot 11 of Massey Heights; The west 50 feet of Lot 11 of Massey Heights; Lots 12, 13 and 14, each in Mas- sey Heights; The easterly 35 feet of Lot 1S In Massey Heights; Vacated Clara Street; Vacated Augusta Street; Vacated Peabody Street; Vacated portion of James Streel lying south of Langwcrthv Avenue; The vacated alley In Agnes Langworthy's Subdivision of Mineral Lot 71;" Section 2. That the foregoing ha Amendment s heretofore been ap- proved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 30th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Pub'ished officially In The Telegraph Hera!d Newspaper this 2nd day of September, 1971. Leo F. Frommelt City Clerk It. 9/2 Special Session, August 30, 1971 3f,3 Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Naps—None. ORDINANCE NO. 44-71 An Ordinance Zoning and Classi- fying recently Annexed Territ- ory to the City of Dubuque, Iowa as a "Single Familv RPsi- dente District" Classification which Real Estate is hereinafter described, (North Dubuque Addn.) presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Meyers moved that a public hearing be held on the Ordinance on October 4, 1971, at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish not. ice of the hearing in the manner required by law. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman. Coun- cilmen Ritter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Delos A. Dorweiler requesting change of the proposed zoning map to rezone 2105 J. F. K. Road to 0-1 zone to permit pro- fessional use of Lot 5 of Sub. of Lot 3 of Block 4 in Westchester presented and read. Councilman Moldenhauer moved that the peti- tion be referred to the Planning & Zoning Commission. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. Petition of Oxus Grotto request- ing permission to conduct a pa- rade on September 11, 1971, pre- sented and read. Mayor Couch- man moved that the petition be *ranted. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Cuochman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of D. A. R. requesting the Mayor to declare a proclama- tion the week of September 17th through 23rd as "Constitution Week", presented and read Coun- cilman Pregler moved that the re- quest be received and filed after the Mavor announced that the pe- tition had already been complied with. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Elmer & Kathleen Riechmann renuesting vacation of 16' of Garfield Ave. abutting por- tions of their property being lots 197 and 198 in Ham's Addn. which lie south of the Milwaukee tracks, Qaid vacation will not affect traf- fic or adjoining property, present- ed and read. Councilman Pregler moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Robert D. Klauer at- torney, requesting permission to address the Council in behalf of his client Daniel Atchison relative to the condition of Jansen Street, presented and read. Mrs. Atchison addressed the Council relative to the petition. Attorney Klauer was of the opinion that the Atchison case is squarely presented in his petition. Councilman Bitter moved that the petition be received and filed 364 Special Session, August 30, 1971 ----------- and also referred to the City Man- ager and Staff. Seconded by Coun- elman Pregler. Carried by the fol- lowing vote: Yeas—Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of M. P. Kluck & Sons requesting permission to excavate to tap sewer and water on Rose- dale at the corner of Wood and Rosedale, presented and read. Councilman Pregier moved that the petition be granted subject to approval of the Engineering De- partment. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas—Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition by telegram of S & A Realty Co. requesting the Council to proceed at their August 30th meeting to have the first reading of an Ordinance so that they may at least have the entitled right to have the Council decide whether they can obtain the required zon- ing for the Del Farm property on Dodge Street, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commsision and the City Solicitor be instructed to draft proper Ordinance. Serond- ed by Mavor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of Pro. posals for the construction of 1971 Concrete Curb & Gutter Proiect No. 1, presented and read. Council. man Pressler moved that the proof of publication be received and fil- ed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas—Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. August 30, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00 A.M., Thursday, August 26, 1971 for the City of Dubuque 1971 Concrete Curb and Gutter Project No. 1. The lowest bid was entered by Tri-State Paving Company of Du. buque, Iowa. Their bid was 0.13% under the Engineer's estimate. I recommend the contract for the improvement be awarded to the Tri-State Paving Company of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the Man. ager be approved. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman. Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Awarding Contract) RESOLUTION NO. 259.71 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1971 Concrete Curb and Gutter Project No. 1 pursuant to Resolution No. 239-71 and notice to bidders pub- lished in a newspaper published in said City on August 6, 1971 and August 13, 1971; and WHEREAS, said sealed propos- als were opened and read on Au- gust 26, 1971, and it has been de- termined that the bid of Tri-State Paving Company of Dubuque. Iowa in the amuont of $147,422.68 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 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- 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 re- Special Session, August 30, 1971 365 turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 30th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote - Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, 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 1971 Asphalt Paving Project No. 1, presented and read Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. August 30, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed bids were receive until 10:00 A.M., Thursday, August 26. 1971 for the City of Dubuque 1971 Asphalt Pavine Project No. 1. The lowest bid was entered by Tri-State Paving Company of Du- buque, Iowa. Their bid was 0.21% under the Engineer's estimate, I recommend the contract for the improvement be awarded to the Tri-State Paving Company of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the Manaeer's recom- mendation. Seconded by Mavor Couchman. Carried by the follow- ing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Awarding Contract) RESOLUTION NO. 260.71 WHEREAS, sealed proposals have been submited by contractors for the CITY OF DUBUQUE 1971 ASPHALT PAVING PROJECT NO 1 pursuant to Resolution No. 242- 71 and notice to bidders published in a newspaper published in said City on August 6, 1971 and August 13, 1971; and WHEREAS, said sealed proposals were opened and read on August 26, 1971, and it has been determin- ed that the bid of Tri-State Paving Company of Dubuque, Iowa in the amount of $305,240.21 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- 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 Treaseurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 30th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to contractors of the receipt of bids for the construction of City of Du- buque 1971 Concrete Paving with Integral Curb Project No. 1, pre- sented and read. 366 Special Session, August 30, 1971 Councilman Moldenhauer moved that the proof of publication be received and filed. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. August 30, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00 A.M., Thursday, August 26, 1971 for the City of Dubuque 1971 Concrete Paving Project No. 1. The lowest bid was entered by the Flynn Company, Inc. of Du- buque, Iowa. Their bid was 23.3% over the Engineer's estimate. I recommend the contract for the improvement be awarded to the Flynn Company, Inc. of Du- buque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the Manager's recom- mendation. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Awarding Contract) RESOLUTION NO. 261-71 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1971 Concrete Paving with Integral Curb Project No. 1 pursuant to Resolution No. 244-71 and notice to bidders published in a newspa. per published in said City on Au- gust 6, 1971 and August 13, 1971; and WHEREAS, said sealed propos- als were opened and read on Au- gust 26, 1971, and it has been de- tremined that the bid of Flynn Company, Inc, of Dubuque, Iowa in the amount of $20,133.20 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 Company, 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 unsue. cessful bidders. Passed and adopted this 30th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 1.71 Dubuque Airport Commission WHEREAS, the City of Du- buque caused a certain parcel of real estate owned by Fred Klett and Katie Klett, a/k/a Kathryn Klett, husband and wife, to be con- demned for airport purposes; and WHEREAS, a Sheriff's jury made an award in the amount of $8,500.00; and WHEREAS, the said Fred Klett and Katie Klett filed an appeal in the District Court of Dubuque County, Iowa claiming damages in the amount of $25,000.00 which ap- peal was filed on February 19, 1971; and WHEREAS, the Dubuque Air- port Commission has been advised that, since that time, negotiations have been under way between City of Dubuque and appellants toward a solution of this dispute and the said Fred Klett has made an offer in the total amount of $13,000.00; that is to say, in the Special Session, August 30, 1971 367 sum of $4,500.00 in addition to the Sheriff's award: and WHEREAS, Dubuque Airport Commission that said offer of set- tlement should be accepted in the total amount of $13,000.00 as being in the best interest of the City of Dubuque and its inhabitants and its airport development; NOW THEREFORE, BE IT RE- SOLVED by the Dubuque Airport Commission of the City of Du- buque, Iowa: Section 1. That the offer of set- tlement by Fred Klett and Katie Klett in the amount of $4500.00 in excess of Sheriff's jury award to be paid by the City of Dubuque be and the same is hereby ac- cepted, and that delivery of War- ranty Deed to City of Dubuque covering the following described property, to -wit: Lot 2 of the Subdivision of Lot 1 of the Southwest Quarter of the Northeast Quarter, Section 35, Township 88 North, Range 2 East of the Fifth Principal Meri- dian, containing 2.180 acres. Al- so Lot 2 of the Northwest Quar- ter of the Northeast Quarter, Section 35, Township 88 North, Range 2 East of the fifth Prin- cipal Meridian, containing 0.241 acres. Also Lot 1 of the Sub- division of Lot 2 of Lot 1. of the Southeast Quarter of the South- east Quarter, Section 35, Town- ship 88 North, Range 2 East of the Fifth Principal Meridian, containing 0.265 acres, and Lot 2 of the Subdivision of Lot 2 of Lot 1 of the Southeast Quarter of the Northeast Quarter, Sec- tion 35, Township 88 North, Range 2 East of the Fifth Prin- cipal Meridian, containing 0.095 acres Be and the same is hereby ac- cepted and reservation of ease- ment therein by grantors is here- with approved. Section 2. That the Dubuque Airport Commission acknowledges and agrees that of said settlement amount of $13,000.00, that $2,000.00 thereof represents the cost of land and $11,000.00 represents damages to the remainder of the farm. Section 3. That the Airport Manager is herewith directed to file a certified copy hereof with the City Council of the City of Dubuque, Iowa. Passed, approved and adopted this 26 day of August, 1971. Lies Harney Chairman Lloyd L. Peterson W. M. Clemens Jr. F. R. Woodward Attest: V. J. Grice Councilman Bitter moved that the resolution be made a matter of record. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 262-71 WHEREAS, the City of Dubuque caused a certain parcel of real es- tate owned by Fred Klett and Katie Klett, a/k/a Kathryn Klett, hus- band and wife, to be condemned for airport purposes, and WHERE- AS, a Sheriff's jury made an award in the amount of $8,500.00; and WHEREAS, the said Fred Klett and Katie Klett, a/k/a Kathryn Klett filed an appeal in the Dis- trict Court of Dubuque County, Iowa claiming damages in the amount of $25,000.00 which appeal was filed on February 19, 1971; and WHEREAS, since that time nego- tiations have been under way be- tween City of Dubuque and appel- lants toward a solution of this dispute and the said Fred Klett has made an offer in the total amount of $13,000.00; that is to say, in the sum of $4,500.00 in addition to the sheriff's award; and WHEREAS, the City Council has determined that said offer of set- tlement should be accepted in the total amount of $13,000.00 as be- ing in the best interest of the City of Dubuque and its inhabit- ants and its airport development; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the offer of set- tlement by Fred Klett and Katie Klett, a/k/a Kathryn Klett, hus- band and wife, in the amount of 368 Special Session, August 30, 1971 $4,500.00 in excess of Sheriff's jury award to be paid by the City of Dubuque be and the same is hereby accepted, and that deliv- ery of Warranty Deed to City of Dubuque covering the following described property, to -wit: Lot 2 of the Subdivision of Lot 1 of the Southwest Quarter of the Northeast Quarter. Section 35, Township 88 North, Range 2 East of the Fifth Principal Mer- dian, containing 2.180 acres. Also I.ot 2 of the 1+iorthwest Quarter of the Northeast Quarter, Sec- tion 35, Township 88 North, Range 2 East of the Fifth Prin- cipal Meridian containing 0.241 acres. Also Lot 1 of the Sub- division of Lot 2 of Lot 1 of the Southeast Quarter of the South- east Quarter, Section 35, Town- ship 88 North, Range 2 East of the Fifth Principal Meridian, containing 0.265 acres, and Lot 2 of the Subdivision of Lot 2 of Lot 1 of the Southeast Quarter of the Northeast Quarter, Section 35, Township 88 North, Range 2 East of the Fiftr Meridian, con- taining 0.095 acres, be and the same is hereby accept- ed and reservation of easement therein by Grantors is herewith ap- proved. Section 2. That the City of Du- buque acknowledges and agrees that of said settlement amount of $13,000,00, that $2,000.00 thereof represents the cost of land and $11,000.00 represents damages to the remainder of the farm. Passed, approved and adopted this 30th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Counchman, Coun- elmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. August 30, 1971 flonorable Mayor and City Council I am enclosing copy of Dismis. sal with Prejudice in regard to the matter of Fred Klett appeal. This matter has been satisfac. torily concluded. Petition with Or- iginal Notice is returned herewith. Yours very truly, R. N. Russo City Attorney Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 263.71 Authorising the Execution and Delivery of Deed to Thomas F. Leibold For Sale of Land in the Downtown Urban Renewal Proj. ect, Iowa R-15 WHEREAS, under date of Aug- ust 5, 1971, the City of Dubuque and Thomas F. I.eibold entered in- to a Contract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private re- development by the said Thomas F. Leibold and WHEREAS, Thomas F. Leibold has complied with the conditions of said Contract and has requested the City of Dubuque execute ane deliver to him a Deed for the land described herein below; now there- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to Thomas F. Leibold for the sale of Disposition Parcel 3 of Block 2 in the Downtown Urban Renewal Project, Iowa R-15, legally de- scribed as Lot 1 of Block 4 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, containing 22,922.335 square feet. Section 2. That. the Director of the Department of Urban Renewal is hereby authorized and directed to deliver said Deed to Thomas F. Leibold upon receipt of the pur- chase price: of $57,305.84 on the basis of $2.50 per square foot. Special Session, August 30, 1971 369 passed, approved and adopted this 30th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Formmelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman. Coun- clmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. August 25, 1971 Honorable Mayor and Members of City Council The H. & R. Wrecking Companv have completed the demolition and site removal of various structures and other improvements in the Downtown Urban Renewal Project in accordance with the terms of Demolition Contract No. 1-71. It is recommentded that the work be accepted. Sincerely yours, Gilbert D. Chavenelle City Manager Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen, Bitter. Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 264.71 Acceptinq Work Perform -d Un- der Demolition Contract No. 1.71 for the Downtown Urban Re- newal Propect, Iowa R-15 WHEREAS, Demolition Contract No. 1-71 for the removal and site clearance of various structures and other site improvements in the Downtown Urban Renewal Project area has been completed: and WHEREAS, the City Manager has examined the work and finds that the work has been completed in accordance with the terms of the Contract and recommends its acceptance, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the recommenda- tion of the City Manager be ap- proved and that said work be and the same is hereby accepted. Passed, approved, and adopted this 30th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilcilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Leo F. Frommelt City Clerk. Approved December 20 197 ..1 .............. Adopt De.G.ember,..,20.197..1 L ( . City Clerk Regular Session, September 6, 1971 371 CITY COUNCIL OFFICIAL Regular Session, September 6, 1971. No members of the Council be. ing present the meeting was ad- journod subject to call. Approved December 20, 1971 Adopted December 20, 1971 37, Adjourned Regular Session, September 7, 1971 CITY COUNCIL OFFICIAL Adjourned Regular Session Sep- tember 7, 1971. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Couchman, Councilmen Bitter, Moldenhauer, Pregler. City Manager Gilbert D. Chavenel le. Absent — Councilman Meyers (at roll call). Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is an ADJOURNED MEETING OF THE REGULAR MEETING OF SEPTEMBER 6, 1971, called for the purpose of acting upon such business as may properly come be- fore the meeting. Communication of Sertoma Club strongly endorsing the Dubuque Assn. of the blind attempt to ob- tain possession of the old Naval Reserve building presented and read. Councilman Pregler moved that the communication be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. Communication of River Valley C.A.P. submitting copy of minutes and resolution of the Dubuque County Advisory Board and the Area Board of Directors regard- ing the acquisition of the Naval Reperve Building for the Dubuque Assn, of the blind, presented and read. Councilman Pregler moved that the communication be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent — Councilman Meyers. Notice of Suit of Mrs. Florence Thurston, in the amount of $10,000.00, for personal injuries received in a fall in the cross• walk at the west side of Central Ave. at 32nd Street intersection on .June 7, 1971, presented and read. Councilman Pregler moved that the notice of suit be referred to the City Solicitor for investiga. tion and report. Seconded by Coun. cilman Bitter. Carried by the fol. lowing vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. Petition of Midwest Developers Inc. requesting permission to erect a sign six to eight feet back of curblines of J. F. K. and Stoneman road at Southwest corner of in- tersection for Goodyear Tire and Rubber Co., presented and read. Councilman Pregler moved that the petition be referred to the City Manager and Staff. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg. ler. Nays—None. Absent — Councilman Meyers. Petition of Optimist Club of Dubuque requesting permission to sell garbage bags from door to door on September 8, 1971, pre- sented and read. Councilman Preg- ler moved approval of the petition subject to implementation of the City Manager. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. Petition of the Dubuque Jaycees requesting permission to conduct without fee the State-wide Honey Sunday project with the City, on September 26, 1971, 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 Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. Adjourned Regular Session. September 7. 1971 373 Mr. David Bandy and Thomas J. Stecher as representatives of the Jaycees related to the Council that honey Sunday involves a house to house sale of one -pound jars of honey for the purpose of raising funds for the mentally retarded and mentally ill, the profits of which are to be administered by the Iowa Association for Retarded Children. Councilman Moldenhau- er moved that the petition be ap- proved. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. COUNCILMAN MEYERS EN- TERED THE COUNCIL CHAM- BERS AT 7:45 P.M. Petition of Lloyd W. Heaver re- questing a refund of $75 on the unexpired portion of cigarette li- cense No. 235, as he has discon. tinued business on 9.1-71, present- ed and read. Councilman Meyers moved that the refund be granted and the Auditor be instructed to issue proper warrant. Seennded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Melvin Boelk et al (25 signers) requesting stop signs at the intersections of 18th and 19th on Washington Street, pre- sented and read. Councilman Preg- ler moved that the petition be re- ferred to the City Manager and Traffic Department. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Louis Buechel re- questing permission to excavate at 2600 Jackson Street, presented and read. Councilman Pregler moved that the petition be granted. See- onded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Janet Jones request- ing removal of weeds, brush and trees that are obstructing the view from Cleveland park, presented and read. Councilman Moldenhau- er moved that the petition be re- ferred to the Manager and staff. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher of list of claims for the month of July 1971, presented and read. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 45-71 An Ordinance Amending and Changing Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change certain property hereinafter de- scribed from "Local Business "A" District' classification to "Local Business 'B" District' classification (Del Farm proper- ty on Dodge plus alley). Presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordi- nance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, 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 Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. 374 Adjourned Regular Session, September 7, 1971 Councilman Bitter moved that a public hearing be held on the Ordinance on October 4, 1971, 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. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to amend the Zon- ing Ordinance by classifying the recently annexed area territory as "Single Family Residence District Classification" N. 70' of Lot 170 Belmont Addn., N. 70' of Lot 169 Belmont Addn., Lot 1 of George Nigg's Sub., W. 13' of Lot 7, Lots 8, 9, and 10 of Fischer's Sub., Lot 2 of Bowden Place, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 35.71 An Ordinance Zoning and Clas- sifying Recently Annexed Terri- tory to the City of Dubuque, Iowa as a "Single Family Resl- dence District' Classification which Real Estate is hereinafter described, said Ordinance hav- ing been previously presented and read at the Council meet- ing of August 2, 1971, presented for Final Adoption. ORDINANCE No. 35.71 AN ORDINANCE ZONING AND CLASSIFYING RECENTLY ANNEX. ED TERRITORY TO THE CITY OF FDAMILYUE'REIS DENCE ADISTRICT" CLASSIFICATION WHICH REAL ES. TATE IS HEREINAFTER DE- SCRIBED. WHEREAS, the real estate here. Inafter described was recently an- nexed to and became a part of, the City of bubuque Iowa, by resolution Of the City Council, passed, adopted and approved at Its meeting March 1, 1971. and which annexation was upon voluntary petition, and WHEREAS, the Planning and Zon• Ing Commission of the City of Cu. buque, Iowa has approved and rec. ommended that said territory recent - Iv annexed and hereinafter described be zoned and ctasslfied as a "Single Family Residence District." NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following de- scribedreal estate, to -wit: N. 70' of Lot 170 of Belmont Ad. dition, N. 70' of Lot 169 of Bel- mont Addition, Lot 1 of George Nigg's Subdivision, W. 13' of Lot 7 of Fischer's Subdivision, Lot B of Fischer's Subdivison, Lot 9 of Fischer's Subdivision, Lot 10 of Fischer's Subdivision, and Lot 2 of Bowden Place; ail In Julien Township, Dubuque County, Iowa according to the recorded plat thereof be and the same Is hereby classified and zoned es a "Single FamEy Resi. dence District," and that said ter- ritory be and the same shall be in and become part of the Fourteenth voting precinct of Dubuque, Iowa. Passed, approved and adopted this 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommeit City Clark Published offically in The Telegraph Herald Newspaper this 10th day of September, 1971. Leo F. Frommelt City Clerk. 11, 9/10 Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice of vacation and of time and place of hearing to dispose of interest in that part of public alley lying be- tween Lot 1 of Lot 1, Finley Home Addn. owned by The Finley Hos- pital, and Lots 24, 25, 26, 27, 28, 29, 30 and 31 of Finley Home Addn. to THE FINLEY HOSPITAL, Presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Bitter moved that the proof of publication be received and filed. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays_ --None. Adjourned Regular Session, September 7, 1971 F 37 ORDINANCE NO. 39-71 Ordinance Vacating a Part of Public Alley lying between Lot 1 of Lot 1, Finley Home Addi- tion, owned by the Finley Hos- pital, and Lot 24, 25, 26, 27, 28, 29, 30 and 31, of the Finley Home Addition in the City of Dubuque, Iowa, said Ordinance having been previously present- ed and read at the Council meeting of August 2, 1971, pre- sented for Final Adoption. ORDINANCE No. 39.71 ORDINANCE VACATING A PART OF YING BE- TTWEENLOT IFLOT BLIC AOEL1. FINLEY HOME ADDITION, OWNED BY THE FINLEY HOSPITAL, AND LOTS 24, 25, 26, 27, 28, 29, 30, and 31, OF THE FINLEY HOME ADDITION IN THE CITY OF DUBUQUE, IOWA WHEREAS, The Finley Hospital and other property owners have Petitioned the City Council for the vacation of the portion of the Public alley here- inabove described as It no longer serves any public Purpose, and WHEREAS, the Planning and Zon- ing Commission has recommended such vacation for the reason that said portion of the alley requested to to vacated serves no Public purpose; NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That that part of the Public alley described as: That part of public alley lying between Lot 1 of Lot 1, Fin cy Horne Addition, owned by The Finley Hospital and Lots 24, 25, 26, 27, 28, 29, 30, and 31 of The Finley Home Addition In the City of Dubuque, Iowa be and the same Is hereby vacated. Section 2. That the Petitioner, The Finley Hospital, be and It is hereby ordered to cause said alley to be Platted and numbered In order that conveyance thereof or disposal there. of by the City of Dubuque, Iowa may be appropriately made to the prop. arty owners abutting thereon. Section 3. That the City Clerk be and he is hereby directed to publish notice of Intent to dispose of Interest In real estate as is by law required and that such disposal be done sub- lect, however, to The Finley Hospi- tals paying the cost of publication and the cost of platting. Passed, approved and adopted this 7th day of September 1971. Gaylord M. Couchman Mayor Welter A. Pregler Wayne A. Moldennauer Donald R. Meyers Joseph J. Bitter ATTEST: Councilmen Leo F. Frommelt City Clerk Published officially in The Telegraph - Herald Newspaper this 10th day cf September, 1971. Leo F. Frommelt 11. 9/10 City Clerk. Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays -None. RESOLUTION NO. 265-71 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph -Herald, a newspa- per of general circulation pub- lished in the City of Dubuque, Iowa, on August 5, 1971 and Au- gust 12, 1971, City Council of Du- buque, Iowa, met on the 7th day of September, 1971 at 7:30 o'clock P.M., (Central Daylight Savings Time) in the City Council Cham- ber, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque to that part of public alley lying between Lot 1 of Lot 1, Finley Home Addition, owned by The Fin- ley Hospital, and Lot 24, 25, 26, 27, 28, 29, 30, and 31 of The Fin- ley Home Addition in the City of Dubuque. Iowa to The Finley Hos- pital; and WHEREAS, City Council of Du- buque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of inter- est of City of Dubuque, Iowa, in the above described real estate to The Finley Hospital; 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 Finley Hos- pital covering the following de- scribed real estate, to -wit: That part of public alley lying between Lot 1 of Lot 1, Finley Home Addition, owned by The Finley Hospital, and Lots 24, 25, 26, 27, 28, 29, 30 and 31 of the Finley Home Addition in the City of Dubuque, lowa; which shall hereafter be described and known as Lot 32 A in Finley Home Addition. Upon The Finley Hospital caus- ing said alley to be platted and numbered in order that convey- ance thereof may be appropriately made to the property owners abut- ting thereon and upon payment of costs of platting and costs of pub- lication and recording fees. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver deed of conveyance to The Finley Hospital upon receipt of platting costs, pub- lication costs and recording fees. 376 Adjourned Regular Session, September 7, 1971 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 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 266.71 Resolution Approving Plat of Lot 32 A, Lot 32 B and Lot 32 C. each in Finley Home Addition in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat in which that part of the public alley lying between Lot 1 of Lot 1 of Finley Home Addition in the City of Du- buque, Iowa, and Lots 24. 25, 26. 27, 28. 29, 30 and 31, each in Fin- ley Home Addition in the City of Dubuque. Iowa, is platted as Lot 32 A. Lot 32 B and Lot 32 C, each in Finlev Home Addition in the City of Dubuque, Iowa. and, WHEREAS, said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances re- lating thereto; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the above de - plat be and the same is hereby approved. and the Mayor and Clerk be and they are hereby authorized and directed to en. dorse the approval of the City up. on said plat. Passed, adopted and approved this 7th day of September A.D., 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers .Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. RESOLUTION NO. 267.71 PRELIMINARY ESTLItATE and approval of proposed plans, speci- fications, form of contract, plat, and all other documents, including all items of material and work re- quired for the LANDSCAPING AND TREE PLANTING on 4th Street from the W.P.L. of Central to E.P.L. of Main Street, on 5th Street from W.P.L. of Central to the E.P.L. of Locust Street, on 7th Street from the W.P.L. of Central to E.P.L. of Iowa Street, on 9th Street from the W.P.L. of Central to the E.P.L. of Main Street, on Locust Street from the N.P.L. of 4th to the S.P.L. of 7th Street. and on Central Avenue from the N.P.L. of 4th to the S.P.L. of 9th Street, in an estimated amount of $95,216.00, presented and read. Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION NO. 268.71 WHEREAS, proposed plans. specifications, form of contract have been duly prepared and a1} proved by the City Council of the City of Dubuque and are now on file in the office of the Cite Clerk showing; among other things the following: 1. An estimate of the cost of the proposed improvement for the Adjourned Regular Session, September 7, 1971 377 landscaping and tree planting on 4th Street frnm the W.P L. of Cen. tral to the E.P L. of Main Street. on 5th Street from the W.P.L. of Central to the E.P.L. of Locust Street, on 7th Street from the W.P.L of Central to the E.P.L. of Iowa Street, on 9th Street from the W.P.L. of Central to the E.P.L. of Main Street, on Locust Street from the N.P.L. of 4th Street to the S.P.L. of 7th Street, and on Central Avenue from the N.P.L. of 4th Street to the S.P.L. of 9th Street. BE IT THEREFORE RESOLVED that the City Couneil on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, and unless property owners at the time of the final consideration of this pronosed resolution have on file with the City Clerk objections to the amount of the cost of Improve- ment, 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 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 coat and expense of making said improve- ment will be paid from the ROAD USE TAX FUND. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 7th day of September, 1971. Approved and placed on file for final action. Approved: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved approv- al of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Fixing Dote, of Hearing) RESOLUTION NO. 269.71 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 1971 Landscaping Project. BE IT THEREFORE RESOLVED that on the 27th day of September, 1971, a public hearing will be held at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may ap- pear and make objection to the proposed plans and specifications and proposed 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 published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. Passed, adopted and approved this 7th day of September, 1971. Gavlord M. Couchman Mayor Walter A Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. September 2, 1971 To the Honorable Mayor and City Council I am writing to inform you that the construction of the Dubuque Municipal Garage has been com. 378 Adjourned Regular Session, September 7, 1971 pleted in accordance with the plans and specifications by the Willy Construction Company. The total contract cost of the facility is $196,982.63, the archi- tect fee is $7,054.60 making a total of $204,037.23. The facility has been inspected and approved by the Architects Durrant, Deininger, Dommer, Kra- mer & Grodon, and I recommend the improvement be accepted. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. FINAL ESTIMATE RESOLUTION NO. 270.71 WHEREAS, the contract for the Dubuque Municipal Garage and Appurtenances has been complet- ed and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $196.982.63. That $196,982.63 shall be paid from the Road Use Tax Fund of :he Citv of Dubuque. Passed, adopted and approved this 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Preeler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Mavor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (A Resolution Accepting Improvement) RESOLUTION NO. 271.71 WHEREAS, the contract for the DUBUQUE. MUNICIPAL GARAGE AND APPURTENANCES has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accord. ing to the terms of the contract, plans and specifications and rec. ommends 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 Road Use Tax Funds 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 7th day of September, 1971. Gavlord M. Couchman Mayor Walter A. Preeler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays --None. RESOLUTION No. 272.71 Approving and Providinq for the Erecution of Second Amenda- tory Contract Amending Con- tract No. Iowa R-15 (LG) By and Between the City of Dubuque, Iowa and the United States of America. 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 No, Iowa R-15 (LG) for the undertaking of the Down- Adjourned Regular Session, September 7, 1971 379 town Urban Renewal Project, Iowa R-15; and WHEREAS, an application sub- mitted by the City of Dubuque with the United Statcs of America for a revised relocation grant was approved under date of .Tune 25, 1971, and which approval neces- sitates an amendment to the said Loan and Capital Grant Contract, now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. The Pending vronnsed Second 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 hereby in all reepects 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 official 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 exe- cution of such counterparts as may be required by the Government. Passed, approved and adopted this 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommeit City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 273-71 Authorizing the Issuance of Pro- iect Loan Notes in Connection with Urban Renewal Project Iowa R-15. WHEREAS, the City of Dubuque (herein called the "Local Public Agency") is daily authorized and proposes to undertake and carry out a certain urban renewal or re- development project (lova R-15) of the character authorized by law with financial aid by the Unitpd States of America (herein called the "Government"), in the form of a Project Temporary Loan un- der Title I of the Housing Act of 1949, as amended (42 U.S.C. 1450 et seq.), which may be. made by the Government to the Local Pub- lic Agency with respect to said Project in accordance with a cer- tain Loan and Grant Contract (herein called the "Contract"). by and between the Local Public Agency and the Government; and WHEREAS, in order to enable the Local Public Agency to ob- tain such financial aid, it is neces- sary for the Local Public Agency to authorize and, from time to time, issue certain obligations in the form of Project Loan Notes, as hereinafter provided: now therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1, Whenever the follow- ing terms, or any of them, are used in this Resolution the same, unless the context shall indicate another or different meaning or intent, shall be construed, are used, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Contract shall have the re- spective meanings ascribed there- to in the Contract. Section 2. The Contract entered into between the Local Public Agency and the Government for the above identified Project is hereby declared to be. a part of this Resolution and all applicable provisions thereof were expressly set forth in full therein. Section 3. In order to evidence payments made by the Govern- Adjourned Regular Session, Septemher 7, 1971 ment on account of the Project Temporary Loan pursuant to the Contract with respect to the Pro- ject and to refund, renew, extend or substitute for any Note by this Resolution authorized to be issued (or any such Note by any other resolution authorized to be issued and which is outstanding, or on deposit for delivery pending pay- ment therefor, as of the date this Resolution becomes effective), there are hereby authorized to be. issued, from time to time, Project Loan Notes of the Local Public Agency in an aggregate principal amount outstanding at any one time (whether authorized by this Resolution or any other resolution authorizing the issuance of Project Loan Notes) not in excess of the amount of the Project Temporary Loan available under the Contract. Section 4. The City Manager is hereby authorized to file with the Government from time to time as funds are required, requisitions, together with the necessary sup- porting documents, requesting payments to be made on account of the Project Temporary Loan available under the Contract, and the proper officers of the Local Public Agency shall prepare, exe- cute and deliver to the Govern- ment Notes hereinafter auth irized and shall accept payment therefor from the Government in the form of cash or other Notes issued by the Local Public Agency, and such officers are authorized to do and perform all other things and acts required to be done or performed in order to obtain such payments. Cash proceeds from the issuance of all Project Loan Notes shall be deposited and disbursed only in accordance with the provisions of the Contract. Section S. Each Project Loan Note shall bear interest and be payable in the form and manner prescribed by the Contract and this Resolution; shall be signed in the name of the Local Public Agency by the Mayor; and shall have the official seal of the Local Public Agency impressed thereon and attested by the City Clerk; and shall otherwise be in substan. tially the form of HUD -9107 in- corporated herein by reference, Section 6. This Resolution shall supersede all previous resolutions authorizing Project Temporary Loan Notes, and the Project Loan Notes authorized by this Resolu. tion shall be exchanged for any Project Temporary Loan Notes heretofore issued pursuant to any previous resolution. Passed, approved and adopted this 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop. tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 274-71 Providing Assurances Pursuant to Uniform Relocation Assist. ance and Real Property Act of 1970. WHEREAS, the Uniform Relo- cation A.ssi*tance and Real Pro. perty Acquisition Policies Act of 1970, Public Law 91-646, (herein- after referred to as the "Act") establishes uniform policies for the fair and equitable treatment of Persons displaced as a result of Federal and federally assisted pro- grams, as well as uniform policies on real property acquisition prac- tices with respect to such pro- grams; and WHEREAS, the Act has appli- cation to programs and projects receiving financial assistance un- der Title I of the Housing Act of 1949, as amended; and WHEREAS, the City of Dubu- que has made application for ad- ditional financial assistance under Title I of the Housing Act of 1949, as amended, for an urban renewal project designated as Downtown Urban Renewal Project, Project No. Iowa R-15; and WHEREAS, the activities for which such assistance is sought will involve displacement and/or land acquisition occurring after Adiourned Regular Session, September 7, 1971 381 .January 2, 1971, the effective date of the Act; and WHEREAS, Sections 210 and 305 of the Act require the provision of certain assurances before the head of a Federal agency can ap- prove any grant to, or contract or agreement with, a State agency (State agency defined in Section 101 (3) of the Act as "nany de- partment, agency, or instrumen. tality of a State or of a political subdivision of a State ***"), un- der which Federal financial as- sistance will be available to pay all or part of the cost of any pro- gram or project which will result in displacement or real property acquisition subject to the require- ments of the Act; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, provided through the adoption of this reso- lution, with the following assur- ances regarding conduct by the City of Dubuque of the project for which Federal financial assistance under Title I of the Housing Act of 1949 is sought. A. Fair and reasonable reloca- tion payments and assistance shall be provided to or for displaced persons, as are required to be pro- vided by a Federal agency under sections 202, 203, and 204 of the Act; B. Relocation assistance pro- grams offering the services de- scribed in section 205 of the Act shall be provided to such displaced persons; C. Within a reasonable period of time prior to displacement, de- cent, safe, and sanitary replace- ment dwellings will be available to displaced persons in accordance with section 205(c) (3) of the Act, D. In acquiring real property it will be guided, to the greatest ex- tent practicable under Slate law, by the land acquisition policies in section 301 and the provisions of section 302 of the Act; E. Property owners will be paid or reimbursed for necessary ex- penses as specified in sections 303 and 304 of the Act; and F. Costs of providing payments and assistance will be shared by the City of Dubuque in the manner and to the extent required by sec- tions 211(a) and (b) of the Act. Section 2. That the City Mana- ger be and he is hereby authorized and directed to execute on behalf of the City of Dubuque an As- surance of Compliance with respect to the relocation requirements of Section 210 of the Act and An As- surance of Compliance with respect to the land acquisition require- ments of Title III of the Act. Passed, approved and adopted this 7th day of September 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by CouncilmanPregler. Carried by the following vote: Yeas Mayor Couchman, Coun., cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 275.71 AUTHORIZING THE EXECU- TION AND DELIVERY OF DEED TO RENIER PIANO & ORGAN COMPANY, INC. FOR SALE OF LAND IN THE DOWN- TOWN URBAN RENEWAL PRO. JECT. IOWA R-15 WHEREAS, under date of Au- gust 19, 1971, the City of Dubu- que and Renier Piano & Organ Company, Inc. entered into a Con- tract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private redevelop- ment by Renier Piano & Organ Company, Inc; and WHEREAS, Renier Piano & Or- gan Company, Inc. has complied with the conditions of said Con- tract, and have requested that the City of Dubuque execute and de- liver to them a Deed for the land described hereinbelow; now there- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- DUQUE, IOWA: Section 1. That the Mayor and City Clerk are hereby authorized 382 Adjourned Regular Session, September 7, 1971 and directed to execute a Deed to Renier Piano Company, Inc. for the sale of Disposition Parcel No. 1 of Block No. 2 in the Downtown Urban Renewal Project, Iowa R. 15, legally described as Lot 2 of Block 5 in Dubuque Downtown Plaza in the City of Du- buque, Iowa containing 16,531.3 square feet, more or less Section 2. That the Director of the Department of Urban Rene- wal is hereby authorized and di- rected to deliver said Deed to Re- nier Piano & Organ Company, Inc. upon receipt of the purchase price of $41,328.25 on the basis of $2.50 per square foot. Passed, approved and adopted this 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 2)6.71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Mark McGovern, 30 Locust Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop. tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays — None. RESOLUTION No. 277-71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica. tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Michael F. Pusateri, 2560 Dodge Street James Richard Bainbridge, 1375 Locust Street William H. Baker, 1064 University Avenue Theodore J. Ferring, 385 East 13th Street Arsenius A. Hanson, 107 Locust Street Bessie Sfikas, 926 Main Street Leona R. Friedman, 620 East 16th Street Cyril N. Meitl, 1555 Central Ave- nue CLASS "C" BEER PERMIT Randalls Foodarama, 2600 Dodge Street Plaza 20 Passed, adopted and approved this 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop• tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays -- None. Adjourned Regular Session, September 7, 1971 383 RESOLUTION No. 278-71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun. cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Michael F. Pusateri, 2560 Dodge Street James Richard Bainbridge, 1375 Locust Street William H. Baker, 1064 University Avenue Theodore J. Ferring, 385 East 13th Street Arsenius A. Hanson, 107 Locust Street Bessie Sfikas, 926 Main Street Leona R. Friedman, 620 East 16th Street Cyril N. Meitl, 1555 Central Ave- nue CLASS "C" BEER PERMIT Randalls Foodarama, 2600 Dodge Street Plaza 20 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 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman ,Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Ys -_ None. RESOLUTION No. 279.71 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 of the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123—as amended by the 62nd General Assembly, 1967. CLASS "C" COMMERCIAL ESTABLISHMENT James R. Bainbridge, 1375 Locust Street William H. Baker, 1064 University Avenue Bessie Sfikas, 926 Main Street Passed, adopted and approved this 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 280.71 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 James R. Bainbridge, 1375 Locust Street 384 Adjourned Regular Session, September 7, 1971 William H. Baker, 1064 University Avenue Bessie Sfikas, 926 Main Street Passed, adopted and approved this 7th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Mr. Gene Thompson of Meggan Drive again registered a complaint relative to the poor construction and workmanship of Meggan, Dove and Waller Streets and requested that something be done about it. Councilman Pregler moved that the problems of Meggan, Dove, and Waller street and also in Key Knolls Subdivision be referred to the City Attorney for legal ac- tion. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. There being no further business Councilman Bitter moved to ad- journ. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Leo F. Frommelt City Clerk ApprovedDecembAr 20 1971 Pt' December 20 197 1 (..:... u ! .................... ....`.a4r....... ".......- ...-.::" City Clerk. Special Session, September 27. 1971 385 CITY COUNCIL OFFICIAL Special Session, September 27, 1971. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Couchman, Councilmen Bitter, Meyers, Molden• hauer, Pregler. City Manager Gil- bert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of CONSIDERING BIDS ON THE LANDSCAPING A N D T R E E PLANTING PROJECT OF 1971, and acting upon such other busi- ness as may properly come before a regular meeting of the Council. September 16, 1971 To the Honorable Mayor and City Council Enclosed are the reports of the city Treasurer and Water Superin- tendent, as well as a list of claims, for the month of August 1971. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. September 20, 1971 To the Honorable: Mayor and City Council I request permission to attend the Annual Conference of the In- ternational City Management As- sociation. The conference will be held No- vember 7-11 in Hollywood, Florida. It will consist of three program tracks, Executive Development, Ur- ban Issues and Municipal Services. A person may attend all sessions on any one track or select a var- iety of subjects from each. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved ap- proval of the request. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of List of Claims for the month of August 1971, presented and read. Council- man Bitter moved that the proof of publication be received and fil- ed. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. September 23, 1971 To the Honorable Mayor and City Council A request has been received from Schiltz Development Corpora- tion for street lights in Sunset Park No. 3. The area has been investigated by the Electrical Inspector and it is recommended that thirteen (13) 175 watt mercury vapor type lights be installed at the following loca- tions: Sunset Park No. 3, Block 2 One on easement between Lots 10 and 11 One on easement between Lots 15 and 16 One on easement between Lots 3and 4 One on northeast corner of Lot 21 Sunset Paris No. 3, Block 3 One on easement between Lots 16 and 17 One on casement between Lots 11 and 12 One on easement between Lots 38 and 39 One on easement between Lots 43 and 44 One on easement between Lots 23 and 24 One on easement between Lots 3 and 4 One on easement between Lots 32 and 33 One on northeast corner of Lot 50 One on northeast corner of Lot 29 Respectfully, Gilbert D. Chavenelle. City Manager Councilman Meyers moved ap- proval of the recommendation. See- 388 Special Session, Septetnher 27, 1971 onded by Councilman Moldenhau- er. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Printed Council proceeding pre- sented for approval for the months of May and June 1971. Councilman Pregler moved that the Counci proceedings for the months of May and June 1971 be approved as printed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. September 9, 1971 Hon. Mayor and City Council On October 28, 1970, Lucille A. Woodhouse, filed claim against the City of Dubuque alleging injuries on October 9, 1970 as the result of a fall in front of 1939 Alta Vista, Dubuque, Iowa, and that thereafter said claim was referred to this writer, who made an investi- gation of this claim and learned that the claimant suffered severe bruises and severe strain of the right arm and shoulder and left knee. The City Attorney has been in contact with the carrier of the abutting property owner and said carrier has paid said claim in the amount of $400.00 pursuant to agreement between said carrier and the City Attorney and that release was secured thereby 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 $200.00. Therefore, it is the recommenda- tion of the City Attorney that the City Auditor be instructed to draw warrant in the amount of $200.00 payable to Crawford and Company, insurance adjusters, and transmit same to the City Attor- ney for delivery. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap. proval of the recommendation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers. Moldenhau- er, Pregler. Nays—None. Sub -Contractor's release of Lien by Westphal & Company Inc. to Healy Mechanical Contractors Inc. filed in the original amount of 523,882.42 dated March 24, 1971, said release constitutes a full and complete release of the City and Healy Mechanical Contractors from the claim for lien filed by the sub -contractor, presented and read. Councilman Pregler moved approval of the release. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers Moldenhau- er, Pregler. Nays—None. Notice of Claim of Erwin G. Vierkant, in the amount of $500., for damage to his home as the re- sult of stray golf balls striking same coming from Bunker Hill Golf Course, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of Claim for material and labor by Kemp Bros. Trucking against H & R Wrecking Co. as the result of wrecking buildings in the Urban Renewal Area, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 46.71 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Sub- section d of Section 4 of Sched- ule 1 which required that vehic- les shall travel Eastbound only on East Ninth Street from Cen. tral to White Street, presented and read. Councilman Meyers moved that the reading just had be consid- Special Session, September 27, 1971 387 eyed the first reading of the Ordi- nance. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be. read on three separate days be waived. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE No. 46-71 AN ORDI NANCCEDINANCE No* 3349 AK OWNNAS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY REPEAL- ING SUBSECTION d OF SECTION 4 OF H RE- UIIRED CTHAT LVEHICL,ESC SHALL TRAVEL EASTBOUND ONLY ON EAST NINTH STREET FROM CEN- TRAL AVENUE TO WHITE STREET. NOW THEREFORE BE IT ORDAIN. TF BY CITY OF DUBUQUCITY E, IOCWA OF section 1. That Ordinance No. 33-49 known as the "Traffic Code of Du. buoue, Iowa" as amended be and the same Is hereby amended by re- pealing Subsection d of Section 4 of Schedule 1 thereof and that the same is hereby repealed and of no further force or effect. Passed, approved and adopted this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelf City Clerk Published officially in The Teiegroph Herald Newspaper this 30th div of September, 1971. Leo F. Frommelt City Clerk. I1. 9/30 Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 47-71 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 4 as Schedule I and enacing a new Subsection e of Section 4 of Schedule 1 in lieu thereof to provide that traf- fic shall move Easterly only on West Ninth Street from Locust Street to Iowa Street, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Meyers moved that the ride requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE No. 47.71 AN ORDINANCE AMENDING OPDI- AN THE CITY OF DUBUQUE, IOWA Section 1. That Ordinance No. known as the "Traffic Code of buoue, Iowa" as amended be and Ing Subsection a of Section 4 of Schedule I thereof and enacting a new Subsection a to Section 4 of Schedule I in lieu thereof to Provide as fol- low$ : "SCHEDULE 1 A. Traffic shall move easterly only: e. On West Ninth Street from Locust Street to Iowa Street." Passed, approved and adopted this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The TelegraPn- Herald Newspaper this 301h daY of September, 1971. Leo F. Frommelt City Clerk. 1 t. 9/30 Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO, 48.71 An Ordinance Amending Ordi- nance No. 37.65 known as the "Street Parking Meer Ordinance 388 Special Session, September 27, 1971 of Dubuque, Iowa" by repealing Subsection 6.3.25 of Section 6.3 of Parking Meter District C and by repealing Subsection 6.3.26 of Section 6.3 of Parking Meter District C thereby removing both sides of Ninth Street, from Bluff street to a point three hun- dred feet Westerly of Bluff Street from said Parking Meter District, presented and read. Councilman Meyers moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Councilman Bitter. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO, 18-71 LY OF BLUFF STREET FROM aAIU PARKING METER DISTRICT. NOW THEREFORE BE IT ORDAIN- ED 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" be and the same is hereby amended by re- pealing Subsection 6.3 25 of Section 6.3 of Parking Meter District C and by repealing Subsection 6.3.26 of Sec- tion 6.3 of Parking Meter District C thereby removing both sides of Nintb Street from Bluff Street to a Polnt three hundred feet westerly of Bluff Streetfrom said parking meter dis- trict, and the same be and is hereby repealed and of no further force or effect. Passed, approved and adopted this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moidenhauer Donald R. Meyers Joseph J. Bitter ATTEST: Councilmen Leo F. Frommelt City Clerk Published officially In The Telegraph. Herald Newspaper this 30th day of September, 1971. Leo F. Frommelt lt. 9/30 City Clerk. Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 49-71 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Section 7.5 thereof and enacting a new Section 7.5 in lieu there of re- quiring a driver of a vehicle in- volved in an accident to give notice of such accident to the Office of the Chief of Police when the apparent total proper- ty damage is one hundred dol- lars or more, presented and read. Councilman Bitter moved that the reading just had be consid- ered the first reading of the Ordi- nance. Seconded by Mayor Couch. man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, 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 Couchman. Carried by the follow- ing vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 19.71 DKl A AoA1,NOWNNAS DRIVER NR AN ACCIDENTTOGIVE HI OF SFHHCHE THE OFFIICEOTECIIF OF POLICE WHEN THE APPARENT TOT15 ONALHUNDREDTYDOL ARSE EOR MORE, NOW THEREFORE BE IT ORDAIN - THE CITY COUCIL THE BY OF DUBUQUE, IOWA:OF Section 1. That Ordinance No. 33.19 known as the "Traffic Code of Du- buque, Iowa" as amended be and the same is hereby amended by repea1. Ing Section 7 5 thereof and enacting a new Section 7.5 In lieu thereof as follows: "Srctlon 7.5. The driver of a vehlCle involved In an accident resulting In Injury to or death of any person or total prop- erty damage to an apparent extent of One Hundred Dollars or more, shalmealnslrof Icommunicatlonthe giveunofce Special Session, September 27, 1971 W4 of such accident to the office of the Chief of Police. The driver of a vehicle involved In an accident resulting in injury to or death of any person, or total proper. ty damage to an apparent extent of One Hundred Do. tars or more shall. within twenty-four hours after such accident, forward a written report of such accident to the Department of Public Safety. Every Peace officer, who, in the regular course of duty, Investigates a motor vehicle accident of which report must be made as required in at the is secScene orf ther the aacclidenit me orothe eand after by Interviewing witnesses shall, within twenty-four hours after com- pleting such investigation, file a written report of such accident." Passed, approved and adopted this 17th day of September, 1971. Gaylord M. Cuuchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in The Te'egraPh- Herald Newspaper this 30th day of September, 1971. Leo F. Frommelt City Clerk. It. 9/30 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 50.71 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by adding a new Subsection 9 to Section A of Schedule X and by adding a new Subsection 6 to Section B of Schedule X thereof to require Northbound and Southbound vehicles to yield before enter- ing the intersection of F ;Ilcrest and St. John Drive, presented and read. Councilman Pergler moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 50-71 AN ORDINANCE AMENDING ORD A IN r ION REOF NO ED 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 9 to Section A of Schedule X and by adding a new sub- section 6 to Section B of Schedule X thereof as follows: "Schedule X. A. Northbound vehicles must yield before entering the intersec- tion of: 9. Hillcrest and St. John Drive. B. Southbound vehicles must Yield before entering the intersec- tion of: 6. Hillcrest and St. John Drive. Passed, approved and adopted this 17th day of September. 1971. Gaylord M. Couchman Mayor Walter A'Pregler Wevne A. Moldenhauer Donald R. Me vers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 30th day of September, 1971. Leo F. Frommelt City Clerk. It. 9/30 Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Women's Recreation Assn Inc, requesting consideration for the Dubuque Ass'n of the Blind in the acquisition of the old Naval Reserve Building, present- ed and read. Councilman Bitter moved that the communication be received and filed and a copy sub- mitted to the City Manager. Se- conded by Cot-tncilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Dubuque Manage- ment Club requesting considera- tion for the Dubuque Ass'n of the. 390 Special Session, Septemher 27, 1971 Blind in their efforts to obtain use of the old Naval Reserve Build- ing, presented and read. Council- man Bitter moved that the peti- tion be received and filed and a copy submitted to the City Mana- ger. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, 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 Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Mr. Don Gagne president of the Ass'n of the Blind again addressed the Council relative to the request of the blind for the acquisition of the old Naval Reserve Building. City Manager Gilbert Chavenelle explained in detail to the Council and Mr. Gagne just exactly where the City stands in relation to the old Naval Reserve building. As it now stands the Navy or the C.S.A. has not notified the City as to what they intend to do with the build- ing. Bear in mind the lease was renewed for one year ei.piring June 30, 1972. Petition of Alfred E. Hughes, at- torney, in behalf of John J. Heider- scheit, requesting annexation of Lots 90 and 91 in Linehan Park Addn. and the Nly % of vacated alley abutting said lots in Dubu- que Twp., presented and read. Councilman Pregler moved that the petition be referred to the Planning & 'Zoning Commission. Seconded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Peoples Natural Gas requesting permission to excavate on Central Avenue near E. 18th Street, presented and read. Coun- cilman Pregler moved approval of the petition. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Hempstead Student Council requesting permission to conduct a parade on Friday Octo- ber 15, 1971, in conjunction with their Homecoming activities, pre. sented and read. Councilman Preg. ler moved approval of the petition and referred to the City Manager. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Dubuque Senior High School requesting permission to conduct a Homecoming Parade on Friday October 29, 1971, present- ed and read. Councilman Pregler moved approval of the petition and referred to the City Manager. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Loras College Foot- ball Committee requesting permis- sion to conduct a Homecoming pa- rade on October 16, 1971, present- ed and read. Councilman Pregler moved approval of the petition and referred to the City Manager. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Hempstead Senior High School requesting permission to use a small black powder can- non at their Home Football Games this fall, presented and read. Coun- cilman Moldenhauer moved appro- val of the petition after he was given assurance that it was check- ed out by the Fire Department. Se- conded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Special Session, September 27, 1971 :391 Petition of Byron K. Judge et al (96 signers) requesting the erec- tion of "Stop Signs" at the inter- section of 13th & Washington Street, presented and read. Coun- cilman Pregler moved that the pe- tition be referred to the City Ma- nager and Traffic Department for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter. Meyers, Molden- hauer, Pregler. Nays — None. Petition of Forrest D. Kettering Jr. et al (41 signers) requesting that Cody field, which was given to the City in 1965, be put to use for a neighborhood playground as was originally intended, presented and read. Councilman Pregler moved that the petition be re- ferred to the Manager and staff for report back to the Council. Se- conded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Dubuque Wa-Tan-Ye Club requesting permission to sell Halloween candy in Downtown Du- buque on Friday and Saturday evenings October 15th and 16th, presented and read. Councilman Pregler moved approval of the pe- tition and referred to the Mana- ger. Seconded by Councilman Me- yers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of David Hartig Jr. re- questing investigation, discover and eliminate the cause of un- healthy odors from the Sewage Disposal plant no later than April 1, 1972, presented and read. Ma- yor Couchman moved that the pe- tition be received and filed. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. City Engineer John White pre- sented Mr. Paul Ombruni from Henningson Durham & Richardson, Mr. Ombruni stated that SOD, a vital pollution control measure is averaging 234,092# a day compar- ed with the 9£3,692 daily average the City's new secondary treat- ment plant was designed to handle, under normal conditions. The in- dustrial waste contributions to the sewer system is causing the odor problem. The BOD count is ap- proximately equivalent to that you would expect to find at a plant serving 1.3 million people. The plant also is receiving an average of 130,000 pounds daily of sus- pended solids, which is 29% above the design standard. The whole problem is that the plant is over- loaded. Arrangements have been made with 15 local industries to meet with City Engineer White and other city officials to find out where the excessive waste dispo- sal is coming from. The problem must be taken care of at the in- dustry level. Petition of Dubuque County Con- servation Society demanding a thorough investigation of the out- rageous desecration of the Maus Park area and that immediate ac- tion be taken to prevent further pollution and that Maus Park be restored to its pre -pollution state, presented and read. Councilman Bitter moved that the petition be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Winnie Thomas et al (1600 signatures) demanding a thorough investigation of the out- rageous desecration of the en- vironment and that immediate ac. tion be taken to prevent similar occurences in the future and that the parties responsible for this pol- lution be required to restore Maus Pond to its aforesaid pre -pollutant state, presented and read. Council- man Bitter moved that the petition be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldem hauer, Pregler. Nays — None. 392 Special Session, September 27, 1971 Mr. Gary Rambousek and attor- ney David Lcifker addressed the Council at great length relative to the state of Maus Park stating in conclusion thatthe lake should be dredged out to sustain fish life. Petition of Muscular Dystrophy Associations of America Inc. advis- ing of their annual drive for funds is to be held in Dubuque on November 7, 1971. Councilman Pregler moved approval of the petition and referred to the Man- ager. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Earl J. McNamara re- questing a refund of $25. on the unexpired portion of Class C Beer Permit No. 23, in the amount of $25. as he has discontinued busi- ness on 9-1471, presented and read. Councilman Bitter moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Earl J. McNamara requesting a refund of $75. on the unexpired portion of cigarette li- cense No. 200, as he has discon- tinued business on 9-14-71, pre- sented and read. Councilman Bitter moved that the petition be grant- ed and the Auditor instructed to issue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Fondell & Sons re questing permission to excavate a1 1329 Tomahawk Drive to repah broken sewer line, presented anc read. Councilman Bitter movec that the petition be granted ani the Auditor instructed to issue proper warrant. Seconded by Coun oilman Pregler. Carried by the fol lowing vote: Yeas — Mayor Couchman, Coun oilmen Bitter, Meyers, Molden hauer, Pregler. Nays — None. Petition of Robert H. Wahlert et al (43 signers) requesting in- stallation of sanitary sewer in Sun- set Ridge, presented and read. Councilman Bitter moved that the petition be referred to the Man- ager and Staff for investigation and report. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. September 18, 1971 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1971 Mainten ance Patching Program 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 proj- ect. Respectfully submitted. Gilbert D. Chavenelle, City Manager Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. FINAL ESTIMATE RESOLUTION NO. 281.71 WHEREAS, the contract for the CITY OF DUBUQUE 1971 MAIN- TENANCE PAWHINTG PROGRAM NO. 1 has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mate showing the cost thereof in- cluding the cost of estimates, not- ices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City of Dubuque, That the cost of said improve- ment is hereby determined to be $17,781.13. That none of the cost thereof shall be assessable upon private property and $17,781.13 shall be paid from the Road Use Tax Fund of the City of Dubuque. Special Session, September 27, 1971 393 Passed, adopted and approved this 27th day of September, 1971. Mayor Gaylord M. Couchman Wayne A. Moldenhauer Mayor Meyers Walter A. Pregler Wayne A. Moldenhauer Attest: Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yoas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. A Resolution Accepting Improvement RESOLUTION NO. 282-71 WITER.F.AS, the contract for the CITY OF DUBUQUE 1971 MAINZ TENANCE PATCHING PROGRAM NO. 1 has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract., plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby di- rected to prepare a plat and sched- ule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the Citv Clerk subj^ct to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion 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 Road Use Tax Funds 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 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the followi g, vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays --None. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing on resolution of neces- sity for I indscaping and Tree Planting project on 4th Street from W.P.L. of Central Ave. to E.P.L. of Main Street — on 5th Street from the W.P.L. of Central to E.P.L. of Locust Street,—on 7th Street from the W.P.L. of Central to the E.P.L. of Iowa Street—on 9th Street from the W.P.L. of Central to the E.P.L. of Main Street --on Locust Street from the N.P.L. of 4th Street to the S.P.L. of 7th Street—and on Central Av- enue from the N.P.L. of 4th Street to the S.P.L. of 9th Street, 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. Councilman Pregler moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION NO. 268.71 WHEREAS, proposed plans, spec- ifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for the 394 Special Session, September 27, 1971 landscaping and tree planting on 4th Street from the W.P.L. of Cen. tral to the E.P.L. of Main Street, on 5th Street from the W.P.L. of Central to the E.P.L. of Locust Street, on 7th Street from the W.P.L. of Central to the E.P.L. of Iowa Street, on 9th Street from the W.P.L. of Central to the E.P.L. of Main Street, on Locust Street from the N.P.L. of 4th Street to the S.P.L. of 7th Street, and on Central Avenue from the N.P.L. of 4th Street to the S.P.L. of 9th Street. BE rI' 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 hereinmentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the cost of improve- ment, 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- 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 paid from the ROAD USE TAX FUND. The above resolution was intro- duced, approved, and ordered plac- ed on file with the City Clerk this 7th day of September, 1971. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Couni this 27th day of September, 1971. Gaylord M. Cot: -!,-an May or Walter A. Preglar Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved final adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Ordering Construction) RESOLUTION NO. 283-71 BE IT RE.SOI.VED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a Resolution of Necessity No. 268-71 which was duly passed by this Council for the 1971 LANDSCAP- ING PROJECT be and the same are hereby ordered and construct- ed 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 specifiactions heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the ROAD USE TAX FUND. 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 NECESSITY shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter f'ouncilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- ti i of the resolution. Seconded by C nncilman Pregler. Carried by the .ng vote: )gas Mayor Couchman, Coun- ci'-. n BittAr, Meyers, Moldenhau- e. Iregler. T` uv f—Nolle. Proof of Publication, certified to by the :;:i her, of notice to Contractors of receipt of proposals for the Landscaping and Tree Special Session, September 27, 1971 395 Planting Project 1971, presented and read. Councilman Bitter moved that the proof of publication be receiv- ed and filed. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. September 24, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, scaled proposals were received un- til 10:00 A.M. Thursday, Septem- ber 23, 1971 for the 1971 LAND- SCAPING PROJECT. Two (2) proposals were received on this project with the low bid being submitted by Wagner Nurs- ery. Their base bid, which includes Neenah No. 15929 tree grates, was 20.4% under the Engineer's Esti- mate. I recommentd that the contract for the improvement be awarded to Wagner Nursery of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers Moldenhau- er, Pregler. Nays—None. (Awarding Contract) RESOLUTION NO. 26471 WHEREAS, sealed proposals have been submitted by contract- ors for the 1971 LANDSCAPING PROJECT pursuant to Resolution No. 269-71 and notice to bidders Published in a newspaper publish- ed in said City on September 10, 1971 and September 17, 1971; and WHEREAS, said sealed propos- als were opened and read on Sep- tember 23, 1971, and it has been determined that the bid of WAG- NER NURSERY of DUBUQUE, IOWA, in the amount of $69,089.75 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; 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 Wagner Nursery and the Manager be and he is hereby di- rected 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 approval of the contract- ors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- ful bidders. Passed and adopted this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. September 24, 1971 To the Honorable Mayor and City Council I submit to you the offer of the State Department of Health of a grant of $1,139,250 to apply on the construction costs of Phase 13 of the Sewage Treatment. Plant. Attached is a resolution author- izing the Mayor and City Clerk to execute a contract with the State covering this grant. I recommend favorable consideration of this resolution. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. 396 Special Session, September 27, 1971 RESOLUTION NO. 285-71 RESOLUTIONS OF THE CITY - TOWN OF DUBUQUE, IOWA BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA, that the Contract For State Grant For Treatment Works with the State of Iowa, pursuant to Chapter 455C of the 1971 Code of Iowa and Sec- tion 14, Chapter 1205, Acts of the 63rd General Assembly, is hereby accepted by the said Council, on behalf of Dubuque, Iowa, and that Gaylord M. Couchman, Mayor, and Leo F. Frommelt, Clerk, are here- by authorized and directed to ex- exute same and affix the seal of the City thereto on behalf of said City. ------------- The undersigned duly qualified and acting City Clerk of the City of Dubuque, Iowa, does hereby certify: That the attached Resolution is a true and correct copy of the Resolution accepting the Contract For State Grant For Treatment Works regularly adopted at a legally convened meeting of the City Council of the City of Dubu- que, Iowa, duly held on the 27th day of September, 1971; and fur- ther that the Resolution has been fully recorded in the Journal of Proceedings and Records in my office. IN WITNESS WHEREOF, 1 have hereunto set my hand this 27th day of September, 1971. Leo F. Frommelt, City Clerk of the City of Dubuque, Iowa. (CITY) (seal) Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 286.71 RESOLUTION AMENDING AND CORRECTING RESOLUTION NO. 265.71 WHEREAS, on September 7, 1971 the City Council of the City of Dubuque, Iowa, passed, ap- proved and adopted Resolution No. 26571, which Resolution has been recorded in the office of the Du- buque County Recorder in Book, 26, pages 75-76, as Document No. 45828, and WHEREAS, said Resolution No. 265-71 incorrectly described, in Section I thereof, that part of the public alley which was authorized and ordered to be conveyed to The Finley Hospital; and said legal de. scription should have included Lot 32 B in Finley Home Addition, as wel las Lot 32 A in Finley Home Addition, as the parcels to be con- veyed to The Finley Hospital. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatt the legal descrip- tion set forth in Section I of Reso- lution No. 265-71 be and the same is hereby deleted and the follow- ing legal description shall be sub- stituted therefor; That part of public alley lying between Lot. 1 of Lot 1, Finley Home Addition, owned by The Finley hospital, and lots 24, 25, 26, 27, 28, 29, 30, and 31 of The Finley Home Addition in the City of Dubuque, Iowa, which shall hereafter be describ- ed and known as Lots 32 A and 32 B in Finley Home Addition in the (Sty of Dubuque, Iowa, according to the record plat thereof. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver a deed of con- veyance of said Lots 32 A and 32 B in Finley Home Addition in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof, to The Finley Hospital upon re- ceipt of platting costs, publication costs and recording fees. Section 3. That the City Clerk be and lie is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Rec- order. Passed, approved and adopted this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Mvers Joseph J. Bitter Councilman Attest: Leo F. Frommelt, City Clerk Special Session, September 27, 1971 397 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 287-71 BE IT RESOLVED by the City Council 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 Cigarettes and Cigarette Papers within said City. Loras F. Schiltz, 2197 University Avenue Ralph J. Grabow, 1.050 University Avenue Duane C. & Hazel E. Koeller, 1701 Asbury Street Clarice Adams, 1091 White Street Clarke College, 1550 Clarke Drive University of Dubuque, 2050 Uni- versity Avenue Stuart Matts, 1646 Asbury Street William O'Neill, 55 Locust Street The Great Atlantic & Pacific Tea Co., Inc. (Transfer from 1101 Central Avenue effective Octo- ber 15, 1971), 3333 Asbury Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION No. 288-71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Duane C. Koeller & Hazel E. Koel- ler, 1701 Asbury Street Clarice Elizabeth Adams, 1091 White Street William O'Neill. 55 Locust Street CLASS "C" BEER PERMIT Ralph J. Grabow, 1050 University Avenue Passed, adopted and approved this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt. City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler Nays — None. RESOLUTION No. 289.71 WHEREAS, application 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 di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Duane C. Koeller & Hazel E. Koel. ler, 1701 Asbury Street Clarice Elizabeth Adams, 1091 White Street William O'Neill, 55 Locust Street CLASS "C" BEER PERMIT Ralph J. Grabow, 1050 University Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- 398 Special Session, September 27, 1971 plicants be and the same are here- by approved. Passed, adopted and approved this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 29471 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 CONTROI. ACT— CHAPTER 123 ---as amended by the 62nd General Assembly, 1967. CLASS "C'' COMMERCIAL ESTABLISHMENT Duane C. Koeller & Hazel E. Koel- ler, 1701 Asbury Street William O'Neill, 55 Locust Street Clarice Elizabeth Adams, 1991 White Street Passed, adopted and approved this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 291.71 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 ap. plicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Duane C. Koeller & hazel E. Koel- ler, 1701 Asbury Street William O'Neill, 55 Locust Street Clarice Elizabeth Adams, 1091 White Street Passed, adopted and approved this 27th day of September, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Bitter moved that the City Clerk be instructed to place sufficient agendas outside the entrance of the Council Cham- ber for Council meetings. Second- ed by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Special Session, September 27, 1971 399 Pregler. Carried by the following vote: Yeas — Mayor Crouchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Leo F. Frommelt City Clerk Approved December 20, 1971 Adopted December 20, 1971 Regular Session, October 4, 1971 401 CITY COUNCIL OFFICIAL Regular Session October 4, 1971. Council met at 7:30 P.M. (C.D.T.) Present — Mayor C o u c h m a n, Councilmen Bitter, Moldenhauer, Pregler. City Manager Gilbert D. Chav- elle. Absent — Councilman Meyers (out of city). Mayor Couchman read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council called for the purpose of acting upon such busi- nes sas may propertly come before the meeting. Communication of Low -Rent Housing Commission submitting minutes of their meeting of Sep- tember 21, 1971, presented and read. Councilman Pregler moved that the communication and min- utes be received and filed. Second. ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. October 1, 1971 The Honorable Mayor and Members of City Council On behalf of the Town Clock Plaza Task Force, I extend our appreciation far the confidence the Mayor of the City of Dubuque expressed in charging us with the responsibility of planning and un- dertaking the three day program of events for the Grand Opening and Dedication of Town Clock Plaza celebrated August 12, 13 and 14, 1971. The occasion is now a part of the history of our community, and to assure that the celebration is properly recorded and visually remembered for the years to come, the Task Force has present- ed to the Dubuque County Histor. ical Society, suitable memorabilia as a record of this festive affair These items include. LA bronze, a silver, and a goad medallion; 2. The Ma^or's official Proclama tion and the deed from the "Your Town Clock Committee" 3. Tape recording of the remarks of George W. Romney, Secretary of the United States Department of Housing and Urban Develop- ment; 4. The winning photographs in the Town Clock Plaza Photo Contest; 5. Programs, brochures. guest lists and the official listing of all members of this Task Force; and 6. Copies of stationery, posters and other items developed and utiliz- ed in the promotion and carry- ing out of the three day program. The Task Force has discharged its assignment, and wishes to pass on to the City Council as its final act certain recommendations which are in the best interest of the community. 1. The informational booth in Pav- ilion Square should be manned on a regular basis, much in the same fashion as the Tourism Center. 2. A community plan is needed whereby the elderly with par- ticular emphasis on the handi- capped are brought into the downtown area on a regular bas- is for shopping, visiting and enjoyment. 3. Appropriate public and private agencies and organizations should be encouraged to pro- vide frequent programs of a wide variety of activities in Town Clock Square and other open areas of Town Clock Plaza. The Task Force thanks the en. tire community for its support and participation, and expresses its gratitude to those many citi- zons and organizations who gave of their time, talent and treasure so unselfishly to make the Grand Opening and Dedication of Town Clock Plaza such a memorable oc- casion. Respectfully yours, C. A. Firzlaff Chairman Councilman Pregler 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 Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. Communication of Mrs. Max Har rington of Women's Organization of the First Congregational Church 402 Regular Session, October 4, 1971 urging the Council to allow the blind organization of the City to use the old Naval Reserve Build- ing, presented and read. Council- man Pregler moved that the com- munication be recevied and filed. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. September 2,9, 1971 To the Honorable Mayor and Members of the City Council This is to advise that I have approved the following policy and desire to have your approval on same. COMPREHENSIVE LIABILITY Curtis Straub Company, State Au- tomobile & Casualty Underwrit- ers Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved filine approval subject to approval of the City Attorney. Seconded by Councilman Bitter. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. Communication of Merchants Bonding Co. serving notice of can- cellation of name schedule bond in the amount of $5000. of Fred Sievers, Bond No. 240478, said can- cellation to be effective 30 days from October 1, 1971, presented and read. Councilman Moldenhau- er moved that the communication be referred to the City Attornev with instructions to commence legal action and if necessary seek an injunction to prevent subject from holding himself out as auth. orized to collect City water bills and for an accounting. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer. Preg. ler. Nays—None. Absent—Councilman Meyers September 28, 1971 Honorable Mayor and Citv Council On November 14, 1969, Elaine F. Callaghan, of 2938 Illinois Av. enue, this city, filed Notice of Claim against the City of Dubuque of bodily injuries allegedly suf. fered by her on the 8th day of October 8, 1969 at approximately 10:30 P.M. and further alleging that said injuries resulted from her stepping into a hole in Asbury Street at or near the curb in front of 1701 Asbury Street in the City of Dubuque, Iowa and this matter was referred to the writer. I have made an investigation of said matter and have conferred with claimant's attorney, review. ed the medical bills and doctor bills and find that claimant suf fered a fracture of the right foot, incurring a doctor bill of $60.00 and loss of wages in the amount of $319.68. Claimant, through her attorney, has made an offer of settlement of this claim in the amount of $600.00 and it is the recommendation of the City Attor- ney that said offer of settlement be accepted and that the City Aud- itor be instructed to draw a war- rant payable to Elaine F. Callag- han and William D. Callaghan, her husband, in the amount of $600.00 and transmit the same to the City Attorney for delivery upon receipt of duly executed releases. Original Notice of Claim is returned herewith. Respectfully submitted, R. N. Russo, City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. Proof of Publication, certified to by the Publisher, of Notice of public hearing to amend Zoning Ordinance No. 3-34 by Classifying the recently annexed territory, Lots 635 thru 643 in North Du- buque Addn. as Single Family Residence District Classification, presented and read. No written objections were filed and no oral objectors were pres- Regular Session, October 4, 1971 403 ent in the Council Chamber at the time set, for public hearing. Coun- cilman Pregler publication movedthat ,received proof of p and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent --Councilman Meyers. ORDINANCE NO. 4471 An Ordinance Zoning and Classi- fying recently annexed territory to the City of Dubuque, Iowa as a singlefamily residence dis- trict classification which Real Estate is hereinafter described, said Ordinance having been pre- viously presented and read at the Council ..meeting ..of ..August ..30, 1971, presented for final adoption. ORDINANCE No. 44-71 AN,eOFDiuANCE CFNOTNY ANNEX WHEREAS, the real estate herein after described wasrecently annexed to, and became a Part of. the City of Dubuque, Iowa by resolution of the city approved Council, itsmeetingonadopted 19th day of July, 1971 and which annexa- tion was upon voluntary Petition; and WHEREAS, the Planningp and Zon- ing Commission of the Clty of Du- Ow has approved and rec- ommeed that said territory recent- ly annexed and hereinafter described be zoned and classified as a "Single Family Residence District." NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE glTY OF DUBUQUE, IOWA - Section 1. That the following de- scribed real estate, to -wit: Lots 635 thru 643 In North Dubuque Addition in the City of Dubuque. Iowa, be and the same Is hereby classified and zoned as a "Single Family Resi- dence District," and that said terri- tory be and the same shall be in and become Part of the Fourteenth Voting Precinct of Dubuque, Iowa. Passed, approved and adopted thi,. 4th day of October, 1971. Gaylord M. Couchman Mayor Welter A. Pregier Wayne A. Moldenhav, Joseph J. Bitter Councilmen ATTEST: Leo F. Frommel, City Clerk Published officially in The TelegraPh Herald Newspaper this 7th day of October, 1971. C F. Frummelt City Clerk. It. 10/7 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—Nope. Absent—Councilman Meyers. Proof of Publication, certified to by the Publisher, of Notice of public hearing to amend Zoning Ordinance No. 3-34 so as to change Lots 1, 2, 3 and 4 in Reeder Lang - worthy's Sub. and Lot 2 of the Sub. of M. L. 68, Lot 4A of the Sub. of M. L. 149, and the alley beginning at the northwest corner of Lot 4 in Reeder Langworthy's Sub. Ely. 262.36' to a point, thence Nly a distance of 20' thence Wly a distance of 260' to a point, in the Ely edge of Alpine Street a distance of 20' to the point of be- ginning, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. October 1, 1971 Honorable Mavor and Council Members The City Planning and Zoning Commission has reviewed the pro- posal to reclassify from Local Busi- ness "A" to Local Business "B" property described as: Lots one (1), Two (2), Three (3), I Four (4) in hteeder Lang - worthy's Subdivision in the City of Dubuque, Iowa according to the recorded plat thereof and Lot Two (2) of the Subdivision of Mineral Lot 68; and Lot 4A of the Subdivision of Mineral Lot 149; the City of Dubuque, Iowa according to Alexander Ander- son's map of the Mineral Lots of Julien Township and vicinity and the recorded plats thereof. In the County of Dubuque, State of Iowa, beginning at the North- west corner of Lot Four (4) in Reeder I.angworthy's Subdivi- sion in the City of Dubuque. Iowa, according to the recorded plat thereof; thence Easterly a distance of two hundred sixty two and thirty-six hundredth (262.36) feet to a point; thence Northerly a distance of Twenty (20) feet to a point; thence West- erly a distance of Two Hundred Sixty (260) feet, more or less, to 404 Regular Session, October 4, 1971 a point in the Easterly edge of Alpine Street; thence Southerly along the Easterly edge of Al- pine Street; thence a distance of Twenty (20) feet to the point of beginning, which property is an unimproved alley. The Commission has found that the proposal is consistent with the proposed zoning ordinance as it was presented at the public hear- ing on August 6th. It is the recom- mendation of the Commission that th^ proposal be adopted. Respectfullv submitted, Don Gilson, City Planner CITY PLANNING AND ZONING COMMISSION Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent — Councilman Meyers. ORDINANCE NO. 45-71 An Ordinance Amending and Changing Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change certain property hereinafter de- scribed from "Local Business "A" District' classification to "Local Business "B" District" Classification, said Ordinance having been pre- viously presented and read at the Council meeting of August 7, 1971, presented for final adoption. AMENDING AN INANCE No. 3 NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IONA• 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" District" Classification toLocal Business "B" District classification the following described real estate, to -wit: Lots One (1), Two (2), Three (3), and Four ((41 In Reeder Langwor. thy's Subdivision In the City of Dubuque, Iowa according to the re- corded plat thereof and Lot Two (2) of the Subdivision of Mineral LW 61; and Lot 4A of the Subdivls. Dubuquet Iowa Lot ccortling1 f0 Alexan- der Anderson's map of the Mineral Lots of Julien Township and vicln• Ity and the recorded plats thereof In the County of Dubuque State of Iowa, beginnln at the Northwest Corner of Lot Four (4l in Reeder Langworthy s Subdivision in tnP City of Dubuque. Inw• aixr two and Thirty-SIzppHun- then es Northerly of feet ato of Twen; tv (20) feet to a pont• thence West- erly a distance of trwo Hundrrr Sixty (260) feet, more ar lessedQ, to a Street; tt in hen ea Southern alone ofplr,fhe Easterly edge of Alpine Street a distaPointce of obegiinning, nty which eProperty Is an unimproved aliev section 2. That the foregoing been ap. Provedby Amendment the sPhanning and Zoning Commission of the City of Dubuque. Iowa. Passed. approved and adoptrd thlr 4th day of October, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter COunclknen ATTEST; Leo F. Frorr.melt City Clerk Published Newspaper Ith this The day sof October, 1911. Leo F. Frommelr 1t. 1017 City Cleric. Councilman Pregler moved final adoption of the Ordinance. Sec. onded by Councilman Bitter. Can ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg ler. Nays—None. Absent — Councilman Meyers. ORDINANCE NO. 51-71 An Ordinance Amending Ordi- nance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by repealing Subsection 6.3.20 of Section 6.3 of Parking Meter District C and by repealing Subsection 6.3,22 of Section 6.3 of Parking Meter District C thereof removing both sides of Sixth Street between Central Avenue and Iowa Street and removing both sides of Eighth Street between Central Avenue and Iowa Street from said Parking Meter District, presented and read. Councilman Bitter moved that the reading just had be consid- ered the first reading of the Ordi- nance. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. Councilman Bitter moved that the rule requiring reading of an Ordinance on three separate days Regular Session, October 4, 1971 405 be waived. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. FROM SAID PARKING METER 015- TRICT. NOW THEREFORE BE IT ORDAIN- NCIL OF ED BY CY HF OTY HITODUBUQUE,IOWA! Section 1. That Ordinance No. 3765 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" be and the same is hereby amended by repealing subsection 6 3 20 of section 6.3 of Parking Meter District C and by repealing subsection 6.3.22 of Section 6.3 of Parking Meter District C and the same be and Is hereby repealed and of no further force or effect. Passed, approved and loo?t d this 4th day of October, 1971. Gaylord M. Couchmar Mayor Walter A. Pregler Wevne A. Mo:denhauer Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in The Telegraph. Herald Newspaper this 7M day of October, 1971. Leo F. Frommelt 11. 1017 City Clerk. Councilman Bitter moved final adoption of the Ordinance. Second- ed by Mayor Couchman. Carried by the following vote: Yeas --- Mayor Couchman, Coun. cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. ORDINANCE NO. 52-71 An Ordinance Amending Ordi- nance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by repealing Subsection 6.3.19 of Section 6.3 of Parking Meter District C and repealing Subsection 6.3.27 of Section 6.3 of Parking Meter Dis- trict C thereof and enacting a new Subsection 6.3.19 to Section 6.3 of Parking Meter District C and enacting a new Subsection 6.3.27 to section 6.3 of Parking Meter District C In lieu thereof to limit the parking of Motor Vehicles on streets hereinafter designated, presented and read Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent — Councilman Meyers. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent — Councilman Meyers. AN O NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 37-65 known as the "Street Parking Meter Ordinanceof Dubuque, Iowa" be and the same is hereby emended by repealing subsection 6.3.19 and sub- section 6.3.27, both In Section 6.3 of Parking Meter District C and enact- ing a new subsection 6.3.19 and a new subsection 6.3.27 to Section 6.3 of Perking Meter District C as follows: "6.3 Parking Meter District C. 6.3.19 Fifth Street, south side, between Central Avenue and Locust Street 6.3.27 Tenth Street, north side, between Central Avenue and Iowa Street." Passed, approved and adopted this 4th day of October, 1971. Gaylord M. Couchman Mayor Welter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in The Telegraph Herald Newspaper this 7th day of October, 1971. Leo F. Frommelt City Clerk. It. 1017 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent — Councilman Meyers. 406 Regular Session, October 4, 1971 ORDINANCE No. 53.71 An Ordinance Amending Ordi- nance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by repealing Subsection 6.4.17 of Section 6.4 of Parking Meter District D and enacting a new Subsection 6.4.17 to Section 6.4 of Parking Meter District D in lieu thereof to lim- it the parking of Motor Vehicles on Streets hereinafter designat- ad, presented and read. Councilman Bitter moved that the reading just had to be consid- ered the first reading of the Ordi- nance. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent — Councilman Meyers. Councilman Bitter moved that the rule requiring the reading of an Ordinance on three separate days be waived. Seconded by May- or Couchman. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. INGGq ORDf. rERSORpIE- IOWA" BY ON 6 PARKINIG ID ENACT. 4 6.4.17 TO IG METER THEREOF G OF MO - STREETS Section 1. That Ortrinence No. 37-65 known as the 'Street Parking Meter Ordinance of Dubuque, Iowa" be and the same Is hereby amended by re Pealing subsection 6.4,17 of Section 6.4 of District D and enacting a new sub- section 6.4.17 of Section 6.4 of Dis. trict D In lieu thereof as f (lows: "6.4Parking Meter District D. 6.4.17 9th Street, both sides, be. tween BI4ff Street and Uni. versity Avenue." Passed, approved and adopted this 4th day of October, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Weynpp A. Moldenhauer Joseph J. Biller ATTEST: Councilmen Leo F. Frommelt City Clerk Published officially In The TeiPgraph- Herald Newspaper this 7th day of October, 1971, Leo F. Frommelt 1t. 1017 City Clerk. Councilman Bitter moved final adoption of the Ordinance. Sec - onded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays — None. Absent -- Councilman Meyers, ORDINANCE NO. 54-71 An Ordinance Amending Ordi- nance No. 3349 known as the "Traffic Code of Dubuque, Iowa" as amended by adding a new Subsection 25 to Section A of Schedule III thereof to provide that Eastbound and Westbound Vehicles must stop before enter• ing the intersection of Washing. ton Street and East Thirteenth Street, presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordi. nance. Seconded by Mayor Couch. man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent — Councilman Meyers. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Meyers. AS AMENDED BY W SUBSECTION 25 A OF SCHEDULE III ST NOW TH R -FORE BE IT ORDAIN- ED BY H 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 subsoctlun 25 to Section A of Schedule 111 thereof as follows: "SCHEDULE III. A. Eastbound and Westbound ve- hicles must stop before enter- inpp the intersection of: 75. Washington Street and East 13th Street." Passed, approved and adopted this 4th day of October, 1971. Gaylord M. Couchman avor Walter A. Preq er Wayne A. Moldenhauer JosephJ. Bitter ATTEST: Counc imen Leo F. Frommelt City Clerk Regular Session, October 4, 1971 407 Published officially in The Telearapn Herald Newspaper this 7th day of October, 1971. `City Cerkmmeit it. 1017 Councilman Bitter moved final adoption of the Ordinance. Second ed by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent — Councilman Meyers. Petition of Peoples Natural Gas Co. requesting permission to ex- cavate at 2149 Carter Road. pre- sented and read. Councilman Mold- enhauer moved approval of the petition. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent — Councilman Meyers. Petition of Don Erne request- ing a refund of $75 on the unex- pired portion of cigarette license No. 170, discontinued business on 8-15-71, presented and read. Coun- cilman Pregler moved that the re- fund be granted and the Auditor instructed to issue proper war- rant. Seconded by Councilmen Moldenhauer. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. Petition of John R. Henry re- questing a refund of $75 on the unexpired portion of cigarette li- cense No. 173, discontinued busi- ness on 8-15-71, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. Petition of Leone Tarry re- quesitng refund orf $75 on unex- pired portion of cigarette license No. 145, discontinued business on 9-30-71, presented and read. Coun- cilman Pregler moved that the re- fund be granted and the Auditor instructed to issue proper war- rant. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. Petition of Karl H. Oleson re- questing a refund of $75 on the unexpired portion of cigarette li- cense No. 159, discontinued busi- ness on 9-30-71 presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- eilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays --None. Absent --Councilman Meyers. Petition of Karl H. Oleson re- questing a refund of $100. on an unexpired beer license No. 40, dis- continued business on 9-30.71, pre- sented and read. Councilman Preg- ler moved that the refund be granted and the auditor issue prop- er warrant. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Moldenhauer. Preg- ler. Nays—None. Absent—Councilman Meyers. Petition of Denise O'Neill re- questing a refund of $75. on the unexpired porton of cigarette li- cense No. 132, discontinued busi- ness on 9-30.71, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. Petition of Denise O'Neill re- questing a refund of $100. on the unexpired portion of beer license No. 43, discontinued business on 9-30-71, presented and read. Coun- cilman Pregler moved that the re- fund be granted and the auditor instructed to issue proper warrant. 408 Regular Session, October 4, 1971 Seconded by Councilman Molden. hauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. Proof of Publication, certified to by the Publisher, and certified mail receipts of notice of public hearing to consider City Manager's report of delapidated buildings at 1398 Washington Street, on N% of Lot 122 in Fast Dubuque Addn, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication and mail receipts be received and filed. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. RESOLUTION NO. 292-71 WHEREAS the City Manager has reported to the City Council that the buildings and premises located on the North % of Lot 122 in East Dubuque Adidtion, known as 1398 Washington Street, in the City of Dubuque, Dubuque County, Iowa, are dangerous to life and health because of their condition and that demand has been made by him upon Mr. Allen Klein, 1254 Mt. Loretta Avenue, Dubuque, Iowa, and State Department of Social Services, 1473 Central Avenue, Dubuque, Iowa, as owner and in- terested party of said property, that the condition complained of be corrected and that said owner has failed to correct the condi- tions within the time provided by the notice; and, WHEREAS on August 30, 1971, the City Council set said report down for hearing at 7:30 P.M. Central Daylight Time October 4, 1971, in the City Council Chamber in the City Hall in the City of Dubuque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing; and, WHEREAS it apepars by return of service now on flie in the ree. ords of the City Council that no. tice of said hearing was given by Registered Mail on September 1, 1971, and by publication in the Telegraph Herald newspaper on September 2. 1971, and, WHEREAS pursuant to said no. tice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Daylight Time on October 4, 1971 in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above described real estate were afforded an opportunity to be heard and witnesses concerning the condition of the property and the hazard was heard; and, N4'HEREAS the Council has duly considered the testimony of the witnesses and viewed the premises and has reached its determination. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, Iowa: Section I. That the structures known as 1398 Washington Street and located on the North % of Lot 122 in East Dubuque Addition, in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and declared to be dangerous to life, health and property and a nuisance; Section 2. That the City Man. ager be and he is hereby author- ized and directed to cause the structure known as 1398 Wasihng- ton Street and located on the North % of Lot 122 in East Du- buque Addition in the City of Du- buque, Dubuque County, Iowa, to be dismantled and removed. Section 3. That upon completion of said work, the City Manager shall certify the cost thereof to the City Clerk, Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section S. That the City Clerk be and is hereby directed to re- cord a certified copy of this Res- olution in the office of the County Recorder of Dubuque County, Io- wa. Regular Session, October 4, 1971 409 Passed, adopted and approved this 4th day 1971. Gayld t C GM. aylord 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 Moldenhauer. Car- ried by the following vote: Yeas --Mayor Couchman, Coun. cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. RESOLUTION NO. 293.71 WHEREAS, on the 28th day of ,June 1971, the City Council of Dubuque, Iowa, passed adopted and approved RESOLUTION NO. 177- 71, approving the plat of Block 5 and Block 6 of "Thomas Farm Addition" in the City of Dubuque, Iowa, subject to certain conditions set forth in said Resolution; and WHEREAS, Section 3 of said Resolution provided that Richard C. Henschel and Mildred L. Hen- schel provide security as required in Section 2 of said Resolution within 45 days from the date of said Resolution; and WHEREAS, the said Richard C. Henschel and Mildred L. Henschel have posted the required security, but due to conditions beyond the control of the City, said security was not posted within the re- quired 45 days from date of Res- olution No. 177-71. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the security post- ed by Richard C. Henschel and Mildred L. Henschel to secure per- formance of the provisions of Sec- tion 2 of Resolution No. 177-71, be and the same is hereby approved, and the failure of Richard C. Hen- schel and Mildred L. Henschel to post the required security within 45 days of June 28, 1971, be and the same is hereby waived. Section 2. That they terms and provisions set forth in RESOLU- TION NO. 177-71 be and the same remain in full force and effect as thou['.h the required security had been posted within the 45 day period as set out in said Resolu- tion. Section 3. That the said Richard C. Henschel and Mildred L. Hen- schel execute the acceptance here- to attached accepting the terms and provisions or RESOLUTION NO. 177-71 and the terms and pro- visions of RESOLUTION NO. 293- 71. Passed, adopted and approved this 4th day of October 1971, Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk ACCEPTANCE OF RESOLUTION NO. 117-71 and RESOLUTION NO. 293.71 We, the undersigned, Richard C. ]Henschel and Mildred L. Henschel having read the terms and condi- tions of Resolution No. 177-71 and Resolution No. 293-71, and being familiar with the conditions and contents thereof hereby accept the same and agree to perform all the conditions required therein. /s/ Richard C. Henschel /s,/ Mildred L. Henschel Dated October 1, 1971. Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. RESOLUTION NO. 294-71 WIIEREAS Halloween has been officially set for Sunday, Oct. 31, WHEREAS Problems have been encountered in the past of older children bullying younger children, and of finding more and more foreign objects placed in treats; WHEREAS Many parents are concerned for the safety and wel• fare of their children. NOW THEREFORE BE IT RE- SOINED: That the City Council of the City of Dubuque encourage par- ents, churches and organizations that work with youth to provide 410 Regular Session, October 4, 1971 alternatives in the form of par• ties or other functions to take place on trick or treat night, Passed, adopted and approved this 4th day of October 1971. Signed by Mayor of Dubuque. Gaylord M. Couchman Councilman Moldenhauer moved adoption of the resolution. Second- ed by Mayor Couchman. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Moldenhauer, Pregler. Nays—Councilman Bitter. Absent—Councilman Meyers. RESOLUTION NO. 295.71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT D. A. V. Club, Inc., 2600 Dodge Street Plaza 20 Joseph E. Reisdorf, 601 Rhomberg Avenue Doris J. Tigges, 2776 Jackson Street Donald C. Brimeyer, 1100 Lincoln Avenue Cyril J. Fries, 201 East 22nd Street Anthony A. & Bette 0. Melling, 701 Dodge Street Charles J. Spielman, 2401 Windsor Avenue Holiday Oil Distr., Inc., 665 Dodge Street CLASS "C" BEER PERMIT Kopple Market, Inc., 1.098 Univer- sity Avenue Nabors of Iowa, Inc., 1920 Elm Street Brookside Dairy, Inc., 2113 Wind- sor Avenue Brookside Dairy, Inc., 1540 Central Avenue National Tea Company, 2013 Cen- tral Avenue Passed, adopted and approved this 4th day of October, 1971. Gaylord M. Couchman Mayor Waller A. Pregler Wayne A. Moldenhauer Attest: Joseph J. Bitter Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Moldenhauer, Preg. ler. Nays—None. Absent—Councilman Meyers. RESOLUTION NO. 296.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun. cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT D. A. V. Club, Inc.. 2600 Dodge Street Plaza 20 Joseph E. Reisdorf, 601 Rhom- berg Avenue Doris J. Tigges, 2776 Jackson Street Donald C. Brimeyer, 1100 Lincoln Avenue Cyril J. Fries, 201 East 22nd Street Anthony A. & Bette 0. Helling, 701 Dodge Street Charles J. Spielman, 2401 Wind- sor Avenue Holiday Oil Distr., Inc., 665 Dodge Street CLASS "C" BEER PERMIT Kopple Market, Inc., 1098 Univer- sity Avenue Nabors of Iowa, Inc., 1920 Elm Street Brookside Dairy, Inc., 2311 Wind- sor Avenue Brookside Dairy, Inc., 1540 Cen- tral Avenue National Tea Company, 2013 Cen- tral Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Regular Session, October 4, 1971 411 Passed, adopted and approved this 4th daGaylorrd October,of MCouchman 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 Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. RESOLUTION NO. 297-71 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA IIQIJOR CONTROI. ACT—CHAPTER 123—as amended by the 62th General Assembly, 1967. CLASS "C" COMMERCIAL ESTABLISHMENT Cyril J. Fries. 201 East 22nd Street Charles J. Spielman, 2401 Wind- sor Avenue Holiday Oil Distr., Inc., 665 Dodge Street CLASS "B" MOTEL Anthony A. & Bette 0. Helling, 701 Dodge Street Passed, adopted and approved this 4th day of October, 1971. Gaylord M. Couchman 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 Coucbman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. RESOLUTION NO. 298-71 W IEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is - to the following named ap- plicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Cyril J. Fries, 201 East 22nd Street Charles J. Spielman, 2401 Windsor Avenue Holiday Oil Distr., Inc.. 665 Dodge Street CLASS "B" MOTEL Anthony A. & Bette 0. Helling, 701 Dodge Street Passed, adopted and approved this 4th day of October, 1971. Gaylord M. Couchman Mayor Walter A. Prenler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. RESOLUTION NO. 2.71 DUBUQUE AIRPORT COMMISSION WHEREAS, by reason of the growth and development of cer- tain trees on the property of Mr. Vincent Ambrosy constitute a nav- igational hazard to the aircraft ap- proaching the runway of the Du- buque Municipal Airport-, and 412 Regular Session, October 4, 1971 WHEREAS, an offer has been made to the said Vincent Ambrosy for the purpose of topping said trees to conform with the perti- nent regulations; and WHEREAS, it is expected that said offer will be rejected. NOW THEREFORE BE IT RE- SOLVED by the Airport CommlS- sion of the City of Dubuque, Iowa: Section 1. That the Airport Commission in and for the City of Dubuque, Iowa be and it hereby formally goes on record request- ing the City Council to take imme- diate action to cause said right-of- way for purposes of topping the trees on the Ambrosy farm by means of Eminent Domain pro- ceedings. Section 2. That it would serve the best public interest that this action be instituted at the earliest possible time. Passed, adopted and approved this 4th day of October, 1971. Lester M. Harney Vic J. Grice Lloyd L. Peterson Attest: ,teff G. Molid Councilman Pregler moved that the resolution be made a matter of record. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg. ler. Nays—None. Absent—Councilman Meyers, RESOLUTION NO. 299.71 WHEREAS. the Airport Commis sion of the City of Dubuque, Iowa by Resolution it has adopted on the 4th day of October, 1971, and a certified copy of which was transmitted to the City Council has requested the City Council to institute Eminent Domain proceed- ings against Vincent Ambrosy in connection with the trees grow- ing in his farm yard which he has permitted to grow to a height constituting a navigational hazard to the aircraft approaching the runway of the Dubuque Municipal Airport; and WHEREAS, the City Attorney by and through the directions of the Airport Commission has made an offer to the said Mr. Vincent Ambrosy; and WHEREAS, said offer according to its terms shall be accepted within five (5) days of October 4, 1971 and it is anticipated that. said offer will be rejected; NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Eminent Do. main proceedings be instituted for the purpose of removing the navigational hazard to the aircraft approaching the runway of the Du. buque Municipal Airport consist. ing of trees growing in the farm yard of Vincent Ambrosy of Du- buque County, Iowa and it is the decision of this City Council that such Eminent Domain Proceedings would be in the best public inter- est and would be for public pur- pose. Section 2. That the City Attor- ney be and he is hereby author- ized and directed to institute such Eminent Domain proceedings for and on behalf of the City of Du- buque, Iowa by and through its Airport Commission at the earliest possible time in his judgment he deems expedient in the event that the offer made to Mr. Ambrose is rejected. Passed, adopted and approved this 4th day of October, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Ritter 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 Ccuchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Meyers. Councilman Bitter left the Coun- cil Chamber at 9:05 P.M. Communication of City Manager Chavenelle submitting the budget recommendation for the year 1972 calling for an expenditure of $9,555,296 to be financed with a tax rate of 49.242 mills, presented and read by the Manager. Council- man Pregler moved that the com- munication be received and filed. Regular Session, October 4, 1971 413 Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Moldenhauer, Pregler. Nays—None. Absent -- Councilmen Bitter, Meyers. Councilman Pregler moved that the Assistant. City Manager invite and inform the Council aspirants to be present at budget sessions and keep them informed as to bud- get progress. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen, Moldenhauer, Pregler. Nays --None. Absent — Councilmen Bitter, Meyers. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Moldenhauer, Pregler. Nays --None. Absent — Councilmen Bitter, Meyers. I,eo F. Frommelt City Clerk Januar 31....1972 Approved .................... 414 Special Session, October 11, 1971 CITY COUNCIL OFFICIAL Special Session October 11, 1971. Council met at 7:30 P.M. (C.D.T.) Present — Councilmen Bitter, Meyers, Moldenhauer, Pregler. City Manager Gilbert D. Chave- nelle. Absent—Mayor Couchman (out of City). Councilman Pregler moved that Councilman Meyers be elected Pre- siding Officer Pro Tem of the meeting in the absence of Mayor Couchman. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas — Councilmen Meyers, Moldenhauer, Pregler. Nays—None. Councilman Bitter absent at roll call. Presiding Officer Pro Tem Mey- ers read the call and stated that service thereof had been duly made and this meeting is called for the purpose of SETTING A DATE OF HEARING ON THE 1972 BUDGET ESTIMATE OF EX- PENDITURES, and acting upon such other business as may prop- erly come before a regular meet- ing of the Council. Communication of Iowa State Department of Health submitting a report of an investigation of a fish kill in Maus Lake, caused by equipment failure at Terminal Street Lift Station, causing over- flow of the Dodge Street Storm sewer, looking forward to a re. Port on the maintenance of high- est degree of lift station reliabil- ity as to progress on January 1, 1972, presented and read. Council. man Pregler moved that the com- munication be received and filed. Seconded by Councilman Molden. hauer. Carried by the following vote: Yeas -- Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Absent—Mayor Couchman. October 11, 1971 The Honorable Mayor and Members of the City Council Gentlemen: Attached hereto is the list of judges and clerks who will be in charge of the Election Registers at the various precincts for both the Primary Election October 19, 1971, and the General Election November 2, 1971. We hereby request approval of the list. Respectfully submitted, Leo F. Frommelt City Clerk Councilman Moldenhauer moved approval of the list. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays—None, Absent—Mayor Couchman. October 8, 1971 To the Honorable Mayor and City Council I am returning to you the peti- tion of Robert Bertsch, represent- ing Midwest Developers for the erection of a sign at Kennedy Road and Stoneman Road on the right of way. I recommend that the petition be denied. I enclose a letter from the Build. ing Commissioner also recommend- ing that the petition be denied. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Presiding Officer Pro Tem Meyers. Carried by the fol- lowing vote: Yeas — Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays—None. Absent — Mayor Couchman. October 7, 1971 To the Honorable Mayor and City Council The 1971 National Electric Code has been published and it is pro- posed that our city ordinance be so updated and various provisions of the ordinance reviewed. It has been suggested by the members of the Building Depart- ment and the Building Code Com- mittee Chairman that members of the Board of Electrical Exam. iners undertake this review. I would request that members of both the Electrical Examiners Board and Appeal Board under. take this work. Would you please affirm the Special Session, October 11, 1971 415 designation of these board mem. bers to conduct the review and make recommendations to the council. Respectfully. Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the Manager's re- quest. Seconded by Presiding Of- ficer Pro Tem Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays—None. Absent—Mayor Couchman. Notice of claim of Ordelia Cross, in an unnamed amount, for per- sonal injuries received in a fall at 1500 Lincoln Avenue, on August 13, 1971, presented and read. Councilman Bitter moved that the notice of claim be referred to the City Attorney for proper proceed- ings. Seconded by Presiding Offi- cer Pro Tem Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays—None. Absent—Mayor Couchman. Notice of claim of Steven .1. Schadle in the amount of $55.40 for car damage incurred as the result of driving into an excava- tion, while street was under con- struction at Loras & Grandview on October 2. 1971, presented and read. Councilman Bitter moved that the notice of claim be re- ferred to the City Attorney for proper proceedings. Seconded by Presiding Officer Pro Tem Mey- ers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays—None. Absent—Mayor Couchman. Notice of Suit of Leonard Clark, in the amount of $424.77, for car damage incurred as the result of striking a defective manhole in Curtis Street on June 10, 1971, presented and read. Councilman Bitter moved that the notice of suit be referred to the City Attor- ney for proper proceedings. Sec- onded by Presiding Officer Pro Tem Meyers. Carried by the fol- lowing vote: Yeas — Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler, Nays—None. Absent—Mayor Couchman. Notice of Claim of Dolly Rens- low, in the amount of $25.000, for personal injuries received in a fall on a defective sidewalk at 1100 Main Street on September 17, 1971, presented and read. Councilman Bitter moved that the notice of claim be referred to the City At- torney for proper proceedings. Seconded by Presiding Officer Pro Tem Meyers. Carried by the fol- lowing vote: Yeas — Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays—None. Absent—Mayor Couchman. ORDINANCE NO. SS -71 An Ordinance amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa," as amended, by repealing Section 2.2 thereof and enacting a new section 2.2 in lieu thereof requiring the vehicle registra- tion to be carried in the vehicle and to be shown to any peace officer upon request, presented and read. Councilman Moldenhauer 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 — Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays—None. Absent — Mayor Couchman. Councilman Moldenhauer moved that the rule requiring reading an Ordinance on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays—None. Absent—Mayor Couchman, AN ORDI NANCE "TRAFFI PEALINC ANS EN T 1ENVLIE 9E CAR AND TC PEACE Now DAINED 416 Special Session, October 11, 1971 OF THE CITY OF DUBUQUE, IOWA: Secflan 1. That Ordinance No. 3349 known as the "Traffic Code of Du- buo he useme vis heraebva mended amended by be aed Peailno Section 2.2 thereof and enact - nom a new Section 2.2 In lieu thereof at follows: 112.2 Registration Card Signed, Car. Had and Exhibited. Every owner upon receipt of a registration card shall write his signature thereonwith pen and Ink in the space provided. Every such registretlon card shall at all times be carried In the vehicle to which it refers and shall be shown to any race officer upon Ms request." Passed, approved and adopted this 11th day of October, 1971. Donald R. Mayyers Presiding Of car Pro Tem Walter A. Pregler We,ne A. Moldenhauer Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk. Published officially In The Telegraph HeraldNewspaper this 15th day of October, 1971. Lao F. Frommelt City Clerk. It. 10/15 Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler- Nays—None. Absent—Mayor Couchman. Petition of Colt .45 Drum & Bu- gle Corps requesting permission to conduct a candy sale from Octo- ber 15th to the end of November for the benefit of operating the corps during the coming year, pre- sented and read. Councilman Preg- ler moved approval of the petition and that same be referred to the Manager for implementation. Sec- onded by Councilman Moldenhau. er, Carried by the following vote: Yeas -- Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays—None. Absent—Mayor Couchman. Petition of Y.M.C.A., Y Men's Club requesting permission to sponsor the annual Halloween pa. rade scheduled for October 29, 1971, presented and read. Presid- ing Officer Pro Tem Meyers moved that the petition be approved. See. onded by Councilman Moldenhau. er. Carried by the following vote: Presiding Officer Pro Tem Mey- ers, Councilmen Bitter, Molden. hauer, Pregler. Nays—None. Absent—Mayor Couchman. Petition of Patrick Smith of 1827 Keyway requesting the review of A situation involving the location of a dog pen at 1815 Keyway, pre. rented and read. Councilman Preg- ler moved that the petition be re- ferred to the City Attorney for proper proceedings. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays—None. Absent ---Mayor Couchman. Petition of C. Gary Berg request. ing purchase of alley located be- tween 2524 and 2528 Stafford Ave., presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zon- ing Commission for investigation and report. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas — Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays—None. Absent—Mayor Couchman. Petition of Peoples Natural Gas requesting permission to cut three holes in West Third Street to re- place leaking mains and service lines, presented and read. Council- man Moldenhauer moved that the petition be granted. Seconded by Presiding Officer Pro Tem Meyers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays—None. Absent—Mayor Couchman. RESOLUTION NO. 300.71 WHEREAS the City Manager has submitted a BUDGET ESTI. MATE as provided in Chapter 24 of the 1971 Code of Iowa and the City Council had been duly con- sidered and caused to be prepared the budget estimate for expendi. tures for the fiscal year beginning January 1, 1972 and ending De- cember 31, 1972, as a basis for the tax levy for the year 1971, and said budget having been duly ap- proved by it. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That said Budget Estimate be and the same is hereby ordered filed in the office of the City Clerk of the City of Dubuque, Iowa, and the date of the public hearing is hereby fixed as the 26th day of October 1971, at 7:30 o'clock Special Session, October 11, 1971 417 p.M. Central Daylight Time in the Council Chamber at the City Hall. BE IT FiTRTIIER RESOLVED that said Clerk be and he is here- by directed to cause said budget estimate of expenditures to be published in the official newspa- per of the City of Dubuque and the official notice to be given of the time and place, when and where said Budget Estimate will be considered by said Council for final adoption at which time and place taxpayers will he heard for or against said estimate, said pub- lication to be not less than ten (10) days before said date of hear- ing. Passed, adopted and approved this 11th day of October 1971. Donald R. Meyers Presiding Officer Pro Tem Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Presiding Officer Pro Tem Mey- ers moved adoption of the resolu- tion. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays—None. Absent—Mayor Couchman. October 7, 1971 To the Honorable Mayor and City Council I hereby submit the attached sheet No. 1 of 1 inclusive showing a schedule of the proposed valua tions and assessments for the con- srtuction of the John F. Kennedy Road Sanitary Sewer from Sprint; Valley Read, North-East Side. Respectfully submitted, John L. White, P.F.. City Engineer Councilman Bitter moved ap- proval of the schedule. Seconded by Presiding Officer Pro Tem Mey- ers. Carried by the following vote: Yeas — Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays --None. Absent—Mayor Couchman. RESOLUTION NO. 301-71 Approval of Preliminary Esti- mate, proposed plans, specifica- tions, form of contract and all oth- er documents for the construction of John F. Kennedy Road Sanitary Sewer from Spring Valley Road North-East Side, in an estimated amount of $6,554.48, presented and read. Councilman Pregler moved adoption of the resolution. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Presiding Officer Pro Tem Meyers, Councilmen Bitter. Moldenhauer, Pregler. Nays—None. Abient—Mayor Couchman. (Necessity for Improvement) RESOLUTION NO. 302.71 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 as- sessed 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 construction of the John F. Ken- nedy Road Sanitary Sewer, from Spring Valley Road, North --East 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 he 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 418 Special Session, October 11, 1971 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 done out of the sanitation funds. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 11th day of October, 1971. Approved and placed on file for final action. Approved: Donald R. Meyers Presiding Officer Pro Tem Walter A, Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved ap- proval of the resolution. Seconded by Presiding Officer Pro Tem Meyers. Carried by the following vote: Yeas — Presiding Officer Pre Tem Meyers, Councilmen Molden- hauer, Pregler, Bitter. Nays — None. Absent — Mayor Couchman. (Fixing date of hearing) RESOLUTION NO. 303.71 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 301-71 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construction of the John F. Ken- nedy Road Sanitary Sewer, from Spring Valley Road, North—East 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 inspec- tion. BE IT THEREFORE RESOLVED that on the 15th day of November, 1971, 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 boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said reso- lution 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 11th day of October, 1971. Donald R. Meyers Presiding Officer Pro Tem Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Presiding Officer Pro Tem Mey- ers moved adoption of the resolu- tion. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Presiding Officer Pro Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays—None. Absent—Mayor Couchman. There being no further business Councilman Pregler moved to ad- journ. Seconded by Presiding Of- ficer Pro Tem Meyers. Carried by the following vote: Yeas -- PresidIng Officer Pro Special Session, October 11, 1971 419 Tem Meyers, Councilmen Bitter, Moldenhauer, Pregler. Nays—None. Absent—Mayor Couchman. Leo F. Frommelt City Clerk January 311972 Approved January 31, 1972 Adopted January 31, 1972 420 Special Session, October 20, 1971 CITY COUNCIL OFFICIAL Special Session, October 20, 1971. Council met at 4:30 P.M. (C.D.T.) Present — Mayor Couchman, Councilmen Bitter (absent at roll call), Meyers, Moldenhauer, Preg. ler. Absent — City Manaqer Gilbert D. Chavenelle. (out of City). Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of Declaring the Results of the Can- vass of the Municipal Primary Election held on Tuesday, October 19, 1971, and acting upon such oth- er business as may properly come before a regular meeting of the Council. Proof of Publication. certified to by the Publisher, of Municipal Primary Flection Ballot showing candidates for nomination of Councilmen and Park Commission- er voted on Tuesday. October 19, 1971, presented and read. Council- man Meyers moved that the proof of publication be received and filed. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. October 20, 1971 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 363.24 of the 1971 Code of Iowa, on October 20, 1971, I made a public canvass of the election returns of the MU- NICIPAL PRIMARY ELECTION held on October 19, 1971, and here- tofore submit the report of the results of said canvass. In accordance with the provi. sions of said Chapter the follow- ing is a list of nominees for all offices to be filled at the forth- coming Municipal General Flec- tion to be held on November 2, 1971: For COUNCILMEN for the term commencing the second secular day in January 1972. C. Robert Justmann--Nominated by Primary Election. Alan T. Thoms—Nominated by Primary Election. Emil Stackis--Nominated by Pri. mary Election. Arthur M. Boardman — Nomi. nated by Primary Election. For PARK COMMISSIONER Reg- ular Term, 6 year, commencing January 1, 1972, Dominic Goodmann—Nominated by Primary Election. Elmer Thompson—Nominated by Primary Election. For MUNICIPAL COURT JUDGES Frank D. Gilloon Jr.—Nominat- ed by Petition. Karl Kenline — Nominated by Petition. For MUNICIPAL COURT CLERK. Joseph A. Sti eber- —Nominated by Petition. For MUNICIPAL COURT BAILIFF. Elmer D. Johanningmeier—Nom- inated by Petition. I, Leo F. Frommelt, City Clerk of the City of Dubuque, Iowa, do hereby certify that on October 20, 1971, I publicly canvassed the re= turns of the MUNICIPAL PRI- MARY ELECTION, held on Octo- ber 19, 1971 and find the follou'- ing results; Nominated by Primary Election for Councilmen: C. Robert .Justmann-3611 votes Alan T. Thoms-3590 votes Emil Stackis-2904 votes Arthur M. Boardman -2790 votes Nominated by Primary Election for Park Commissioner: Dominic Goodmann---4405 votes Elmer Thompson -2843 votes TOTAL VOTES CAST -6,094 Respectfully submitted. Leo F. Frommelt City Clerk Councilman Pregler moved that the canvass be received and made a matter of record. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Special Session, October 20, 1971 421 VOTE OF MUNICIPAL PRIMARY ELECTION, OCTOBER 19, 1971 For Councilmen i For park Commissioners 0 4m NIL ZZ V- - Y. WN Q or - I WF iV 1st 270 48 230 374 126 268 412 454 201 258 636 2nd 213 32 218 320 111 197 365 396 149 235 530 3rd 69 12 123 115 46 65 108 166 64 71 211 4th 47 13 71 72 44 65 75 103 46 66 139 5th 142 25 129 161 75 108 164 197 105 121 278 6th 333 fig 329 488 228 368 457 530 268 354 741 7th 46 4 51 57 41 40 33 62 27 47 70 8tb 85 23 96 125 63 94 98 146 71 78 199 9th 76 21 86 97 57 104 85 136 51 88 176 10th 134 28 126 150 71 135 152 198 95 125 268 11th 243 29 197 292 115 232 273 338 152 222 450 12th 98 16 96 88 62 81 75 109 49 102 171 13th 178 23 161 167 87 237 158 250 102 176 348 14th 208 38 215 234 153 247 257 332 172 204 460 15th 184 23 157 216 102 189 182 243 102 208 346 16th 319 48 322 443 186 329 452 515 242 347 709 17th 145 26 154 212 109 145 244 230 152 141 338 Tot. 2790 478 2761 3611 1676 2904 3590 4405 2048 2843 6094 October 18, 1971 To the Honorable Mayor and City Council A request has been received for street lights on Mineral Street. Steger Heights Subdivision. Blocks 13, 15 and 18. It is recommended that four 175 watt mercury vapor lights be in- stalled at the following locations: On easement, northeast property line of Lot 2 of 2 of Block 13. On easement, between Lots 5 and 6 of Block 18. On easement between Lots 8 and 9 of Block 18. On easement between Lots 2 and 3 of Block 15. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the recommendation. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler, Nays—None. !nt—Councilman Bitter. October 18, 1971 Honorable Mayor ty Council The street lighting situation at the North Grandview and Delhi Street intersection has been inves- tigated and as a result it is rec- ommended that: 1) A 4000 lumen light located on the southeast corner be replaced with a 250 watt mercury vapor light mounted on a long bracket. 2) On the northwest corner in- stall a new 250 watt mercury va- por light Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the recommendation. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. October 11, 1971 To the Honorable Mayor and City Council I am returning the petition of Mr. Neil Loney about truck traf- fic in an alley next to his resi- dence. A "No Trucks Allowed" sign has been installed. 422 Special Session, October 20, 1971 Enclosed is an explanatory let- ter from Chief O'Brien. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays --None. Absent—Councilman Bitter. October 11, 1971 To the Honorable Mayor and City Council I am returning the petition of Melvin Boelk and others for stop signs on Washington Street at 18th and 19th Street intersections. I recommend that the petition be denied. The reasons for not installing the stop signs are stated in an at- tached letter from Chief O'Brien. Note that visibility at the inter- sections has been improved. Respectfully, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the recommendation. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent --Councilman Bitter. October 11, 1971 To the Honorable Mayor and City Council I am returning to you the peti- tion of Mr. Randall and Mr. Head- ington requesting parking on both sides of Pinard Street. It is recommended that the pe- tition be denied because the street is only 23 feet wide. The facts of this situation are set out in the attached letter from Chief O'Brien. Respectfully, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the recommendation. Seconded by Mayor Couchman. Car- ried by the following vote: Yeas --- Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Notice of Claim of Farm Bureau Mutual Insurance Co. advising of subrogation of loss involving an auto accident on October 3, 1971 at Langworthy and Alpine Streets for damages received to their in. sured Ambrose Neumann in the amount of $550 and Judith Schuel- ter in the amount of $683.27, pre. sented and read. Councilman Preg. ler moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec. onded by Councilman Meyers, Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. Notice of Claim of Mrs. L. W. Doty of 1770 Sherbrook Dr. N. E. Cedar Rapids, Iowa, in an unde- termined amount, for personal in. juries received by stepping on a temporary ramp between Kresge's Store and a child's play pavilion on October 9, 1971, presented and read. Councilman Pregler moved that the notice of claim be re• ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter. October 18, 1971 Hon. Mayor and City Council As ,you know, the matter of the Washington Street rezoning which was the subject matter of appeal by certain parties who were own- ers and tenants of business prop- erties in the area, and who ap- pealed to the District Court of Dubuque County, Iowa from the action of the City Council in adopt- ing said Ordinafice No. 23-69 which, in effect, changed the zon- ing classification from Light In- dustrial District Classification to Multiple Residence District Classi- fication of the general area of the property known as the Wash- ington Street neighborhood area. You will recall that the District Court of Dubuque County, Iowa en- Special Session, October 20, 1971 423 tered an order after hearing strik- ing down said ordinance as being invalid and, thereafter, City of Dubuque appealed to the Supreme Court of Iowa and the Supreme Court of Iowa ruled on September 27, 1971 and the Supreme Court held that the rezoning ordinance was invalid with respect to plain- tiffs' property which were used when such ordinance was adopted for commercial or light industrial purposes, and accordingly, the de- cree of the District Court was modified. The Supreme Court held that the rezoning Ordinance as re- lates to plaintiffs' properties which were used when such ordi- nance was adopted for commercial or lieht industrial purposes to be invalid. It is my opinion, that: con,;ider- ing the petition of the plaintiffs and the decision of the trial court as reviewed by the Supreme Court. that the zoning Ordinance No. 23- 69 has been declared valid, by the Supreme Court of IGwa as to all property in the area rezoned with the exception of the plaintiffs' property which were used when such ordinance was adopted for commercial or light industrial pur- poses. For your information therefore, according to the petition original- ly filed herein, the following named and the properties set out in the attached schedule "A" by reference made a part hereof, are excluded from the provisions and terms of Ordinance No. 23.69 which changed the zoning classi- fication from Light Industrial District to Multiple Residence Dis- trict Classification of the property commonly known as the Washing- ton Street neighborhood area. It is also my opinion, having examined the petition of the ob- jectors, or plaintiffs, and having examined the decree of the Dis- trict Court of Dubuque County, Iowa and having examined the opinion of the Supreme Court of the State of Iowa, that any business or industrial property within the area rezoned under and by virtue of Ordinance No. 23-69 that was used for commercial or industrial purposes but the owners of which, or the parties having an interest therein, who did not become plain- tiffs in said action that their re- spective properties would be cov- ered by said zoning ordinance, and accordingly, said property would be reclassified to Multiple Resi- dence District Classification. I am attaching a copy of the Supreme Court's opinion hereto and am returning same herewith. I am forwarding a ropy of this letter to the office of the Planning and Zoning Commission and a copy to the Building Commission- er of the City of Dubuque, Iowa. Respectfully submitted, R. N. Russo City Attorney Mayor Couchman moved that the communication be received and made a matter of record. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays—None. Absent—Councilman Bitter, Councilman Bitter entered the Council Chamber at 4:55 P.M. Ordinance No. 56.71 An Ordinance Amending Ordi- nance No. 33.49 kn-)wn as the "Traffic Code of Dubuque, Iowa", as amended by repealing Section 3.3 thereof and enacting a new section 3.3 in lieu thereof prohibiting unlawful use of a temporary driver's permit, tem- porary instruction premit, op- erator's license and chauffeur's license, presented and read. Councilman Pregler moved that reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE No. W71 AN ORDINANCE AMENDING ORDI. NANCE No. 33.49 KNOWN AS pTHE "TRAFFICIOWA," AS AMECO NDED BY OF RREEPEALp-- REPEAL- ING INGISECTION NNEW SECTION 3.3 rIN 424 Special Session, October 20, 1971 LIEU THEREOF PROHIBITING UN- LAWFUL USE OF A TEMPORARY DRINSVRUCTION PERMIT PEAMIT MPORARY OPERA TOR'S LICENSE AND CHAUFFEUR'S LICENSE NOW (HEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA' Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dw Iowa." as amended, be the buQusame its herreby amended by are pealing Section tnew 3Sect on eof 3.3 and lieu thereof as follows: "3.3 Unlawful Use of License. it Is shmenmisdemeanor l Iss otherwise s another p provided for any person: 1 oo belayed orhave In sdisplaor s pe or r his possession any cancelled, suspended, fictitious s or fraudulently altered temporary driver's permit, temporary In- struction permit, operator's II. cense or chauffeur's license. 2. To lend his temporary driver's permit, temporary instructl0" permit, operator's license or chauffeur's license to any other person or knowingly permit the use thereof by another. 3. To display or represent as one's own any temporary driver's permit, temporary Instruction permit, operator's license, or chauffeur's license not Issued to him. 4. To fall or refuse to surrender to the department upon As law- ful demand any temporary driver's permit, temporaryin- struction Permit, operator's li- cense or chauffeur's license which has been suspended, re. voked or cancelled. 5. To use a false or fictitious name In any application for a tem- porary driver's permit tempo- rary instruction permit, oper- ator's license or chauffeur's li- cense or to knowingly conceal a materlaI fact or otherwise commit a fraud In any such application. 6. To permit any unlawful use of a temporary driver's permit, temporary instruction permit, operator's license, chauffeur's license Issued to him." Passed, approved and adopted this 20th day of October, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhau^r Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Telegraph Herald Newspaper this 26th day of October, 1971. Leo F. Frommelt City Clerk. 1 t. 10/26 Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 5771 An Ordinance Amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing subsection 3 of Section 5.2 thereof and enacting a new sub- section 3 to subsection 5.2 in Neu thereof to provide for a right turn on a red light when sign posted, presented and read. Councilman Pregler moved ti.at the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE No. 57.71 "TRAFFIC CODE OF DUBUQUE, IOWA," AS AMENDED, BY RE. PEALING SUBSECTION 3 OF SEC- TION 5.2 THEREOF AND ENACT- ING A NEW SUBSECTION 3 TO SUBSECTION 5.2 IN LIEU THERE- OF TO PROVIDE FOR A RIGHT TURN ON A RED LIGHT WHEN SIGN POSTED. NOW THEREFORE BE 1T ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Du- b..uque, Iowa" as amended be and the ame is hereby amended by repealing Subsection 3, of Section 5.2 thereof and enacting a new Subsection 3 to Sec- tion 5.2 In lieu thereof as follows: "5.2 Red A,one or Stop. 3. Vehicular traffic facing a steady red signal alone shall stop at a clearly marked stop Ilne, but If none before enter- ing the crosswalk on the near side of the intersection, or If none, then before entering the intersection, and shall remain standing until an Indication to Proceed Is shown A right turn shall be permltted at an Infer. section by vehicular traffic which has come to a complete stop, whenever a si?n Is In Place permitting such turn. Any riphl turn made pursuant to this subsection shall be made in such a manner that It does not interfere with other vehicular or pedestrian traffic lawfully using the Intersection. No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic, but a vehicle turning right at such Intersection shall Yield the Pe- destrian to a p destrian lawfully entering such intersection." Passed, approved and adopted this 20th day of October, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A.Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in The Telegraph Herald Newspaper this 26th day of October, 1971. Leo F. Frommelt City Clerk. It. 10/26 Councilman Pregler moved final adoption of the Ordinance. Sec- Special Session, October 20, 1971 425 onded by Councilman Meyers. Car- ried by the ayor Couchm Yeas -- an, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 58.71 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Section 7.2 thereof and enacting a new Section 7.2 in lieu thereof to require the leaving of identi- fication at the scene of a fatal accident, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. NCE No. 54-71 E AMENDING ORDI- -49 KNOWN AS THE DE OF DUBUQUE, ,MENDED, BY RE - TION 7.2 THEREOF G A NEW SECTION THEREOF TO RE ETHN OT ESCENE F A WTHEREFORE ECIBE IT ORDAIN. EDBYY 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 re Pealing Section 7.2 thereof and enact Ing a new Section 7.2 In lieu thereof as follows: "7.2 The driver of any vehicle in- volveo in an accident resulting In Inlury to or death of any Person or damage to any vehicle which Is driven or attended by any Person shall give his name, address, and the registration number of the ve- hicle he is driving and shall, upon request, and If available, exhibit fits operator's or chauffeur's li- cense to the person struck or the driver or occupant of or Person at- tending any vehicle collided with and shall render to any Person in - lured In such accident reasonable assistance, Including the carrying. or the making of arrangements for the carrying, of such person to a Physician, surgeon, or hospital for medical or surgical treatment If it Is apparent that such treatment is necessaryy or If such carrying Is re- quested by the Inlured person. If the accident causes the death of any person, the surviving driver shall not leave the scene of the ac- cident except to seek necessary aid - himself or to report the acci- dent to law entorcemeni authorities. Before leaving the scene of the Ac- cident, the surviving driver shall leave his automobile registration receipt or other identification data A? the scene of the accident. After leaving the scene of the accident the Surviving driver shall promptly report the accident by telephone to law enforcement authorities, and shall Immediately return to the scene of the accident, or shall in form the authorities where he can be located." Passed, aroved and i,dopted this 20th day opp f October, 1971. Gaylord M, Couchman Mayor Walter A. Pregler Wavne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk PubCshed officially In The Telegreah Herald Newspaper this 26th day of October, 1971. Leo F. Frommelt City Clerk. It. 10/26 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Holiday Oil Distrib- uting Inc. requesting permission to excavate in Pennsylvania Ave- nue to connect to sewer and wa- ter to service a new station at the corner of Pennsylvania Ave. dt Kennedy Road, presented and read. Councilman Meyers moved approval of the petition. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate at 59 S. Locust Street to repair leaking gas main, presented and read. Councilman Meyers moved approval of the petition. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Wahlert High School sophomores requesting permission to conduct a Fall Out Activities parade on November 3, 1971, pre- sented and read. Councilman Preg. ler moved that the petition be re- ferred back to Wahlert and if con- currence is received from the school the permit be granted. Sec- onded by Councilman Bitter. Car- ried by the following vote: 426 Special Session, October 20, 1971 Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Chris Block request- ing the organization of a Girl's Club, presented and read. Mayor Couchman moved that the petition be referred to the Recreation De- partment with instructions to con erspond with the petitioner. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO, 304.71 WHEREAS, on the 13th day of October, 1971, death brought to a close the active life of Frederick T. (Ted) Aschman, President of Barton-Aschman & Associates; and WHEREAS, Ted Aschman with foresightedness and zeal has been a leader in developing and stimu- lating a wide range of activities to improve the "quality of life" in American Communities;; and WHEREAS, Dubuque's Town Clock Plaza, an outstanding exam- ple of that type of environmental achievement planned under the di. rection of Ted Aschman, has brought area -wide recognition and goodwill to the City of Dubuque; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the Mayor and City Council of the City of Du- buque do by this Resolution and for the public record recognize the contribution and influence of Frederick T. (Ted) Aschman in furthering programs that recog- nize the importance and impera- tiveness of the orderly growth and rebuilding of American Commu- nities, and that they further rec- ognize that his death creates a void which will be felt for some time to come by his associates. SECTION 2. That the Director of the Department of Urban Renewal be directed to cause copies of this Resolution be sent to his family and to his collleagues at Barton- Aschman Associates. Passed, approved and adopted this 20th da} of October, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph ,1. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop. tion of the resolution. Second -d by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 305.71 Authorizing the Publication of Notice of Sale of Project Notes (Fifth Series 1971) and the Re. ceiving of Proposals for the Sale of Said Notes for the Downtown Urban Renewal Project, Iowa RAS. 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- newal Project, Iowa R-15; and WHEREAS, tinder date of Au- gust 7, 1971. the Council of the City of Dubuque adopted Resolu- tion No. 273-71 authorizing to be issued, from time to time, Project Notes in connection with the Down- town Urban Renewal Project, Iowa R-15: and WHEREAS, under date of May 10, 1971, the Council of the City of Dubuque authorized the issu- ance and sale of its Project Notes in the aggregate principal amount of $3,305,000 to finance certain undertakings in connection with the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, in order to refi- nance a portion of the outstand- ing Project Notes, it is necessary for the City of Dubuque to sell Project Notes (Fifth Series 1971) totaling $1,588.000; now therefore BE IT RESOLVED by the Coun. cil of the City of Dubuque, Iowa: SECTION 1. That the City Clerk be and he is hereby authorized and directed to publish according to law "Notice of Sale — Project Notes" in the form of Exhibit "A" Special Session, October 20, 1971 .12; attached hereto and made a part hereof. SECTION 2. That the City Clerk be and he is hereby authorized and directed to accept and tabulate proposals for the sale of said notes and to send telegrams of accept- ance to the low bidder or bidders all in accordance with instructions covering such transactions as pro• vided by the Department of HouR- ing and urban Development, United States of America. SECTION 3. That a meeting of the Council of the Cite of Dn- buque shall be held after the hid opening date of November 16, 1971, to adopt such resolution or resolutions necessary for the con- summation of the sale of Project Notes (Fifth Series 1971) to the lowest bidder or bidders. Passed, approved and adopted this 20th day of October, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" Notice of Sale — Project Notes CITY OF DUBUQUE, IOWA Sealed proposals will be re- ceived by City of Dubuque, Iowa (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. (F.D.S.TJ on November 16, 1971, for the pur- chase of $1,588,000 of Project Notes (Fifth Series 1971), being issued to aid in financing its proj- ect(s) as follows: Amount, $1,588,000; Series, Fifth —1971; Maturity, 3-10-72. The Notes will be dated Decem- ber 14, 1971, will be payable to bearer on the Maturity Date, and will bear interest at the rate or rates per annum fixed in the pro- posal or proposals accepted for the purchase of such Notes. All proposal] for the purchase of said Notes shall he submitted in a form approved by the Local Is- suing Agency. Copies of such form of proposal and information can. cerning the Notes may be obtained from the Local Issuing Agency at the address indicated above. De- tailed information with respect to the conditions of this sale may be obtained from the November 3, 1971 issue of The Daily Bond Buy. er. City of Dubuque, Iowa By Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 306.71 WHEREAS, the people of the State of Iowa have been ever dili- gent in seeking and promoting ev- ery educational opportunity; and WHEREAS, the State of Iowa's admission to the Union was based upon the fundamental principles laid down by the founding patri- ots; and WHEREAS, at this immediate time in history there is a need for Americans to renew their efforts in the task of building the land of promise that our fore -fathers envisioned for all the people; and WHEREAS, the Iowa Society, Children of the American Revolu- tion, is seeking to accomplish these goals through a special pa- triotic education committee; and WHEREAS, the Governor of the State of Iowa has proclaimed the week of October 12 through 19, 1971 as PATRIOTIC EDUCATION WEEK and has urged the people of the State of Iowa to devote themselves to recalling our histor- ic past from the landing of the Pilgrims three and one-half cen- turies ago to the present day of space exploration, and to rededi- cate their lives to the principles of American Liberty through re- sponsible citizenship. NOW, THEREFORE, BE IT KE• SOLVED by the City Council of the City of Dubuque, Iowa: That the City Council endorses the concept of the PATRIOTIC ED- UCATION WEEK and the procla- mation of the Governor and urges the people of the City of Dubuque to give thought to the sacrifices Special Session, October 20, 1971 and risks that, our forefathers en- dured to found America and make it the "Land of opportunity" that it is. Passed, approved and adopted this 20th day of October, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Lco F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car. ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays --None. Councilman Pregler moved that Richard C. Henschel be reappoint- ed to Electrical Board of Appeal for a six year term beginning 12- 31-71; John S. Shifflett reappoint- ed to the Board of Electrical Exp aminers for a six year term begin- ning 12.31.71; and Wm. Clemens Jr. Re -appointed to the Airport Commission for a six year term beginning 9-1471. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. There being no further business Councilmen Pregler moved to ad. journ. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter. Meyers, Moldenhau• er, Pregler. Nays—None. Leo F. Frommelt City Clerk Januar 1 Approved ....................... 3 1 ............ 972 k Special Session, October 26, 1971 429 CITY COUNCIL OFFICIAL Special Session, October 26, 1971. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Couchman, Councilmen Bitter, Meyers, Mol- denhauer, Pregler, City Maneger Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- DUCTING A PUBLIC HEARING ON THE 1972 BUDGET ESTI- MATE and acting upon such other business as may properly come be. fore a regular meeting of the Council. October 22, 1971 To the Honorable Mayor and Members of the City Council. Gentlemen: Attached hereto is a list of par- cles of real estate within the City Limits, consisting of ten acres or more which would be eligible for taxation as agricultural land, Also attached are the applica- tions for exemption as filed by the property owners that have ten acres of land or more in one piece, within the limits of the City. These property owners certify that the land is being used for agricultural or horticultural pur- poses, and are entitled to tax ex- emption as provided by law. A copy of the attached list will be filed in the office of the Coun- ty Auditor at the time of filing the budget. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. 430 Special Session, October 26. 1971 —----------- Buldget Estimate CITY Tax Year 1972 NOTICE: The City Council of Dubuque in Cub,. ue County, Iowa will meet October 26, 1971 at 7:30 P.M. at City Hall, ir, ' ie Council Chember, in the City of Dubuque, Iowa. Taxpayers will be heard a1 that time for or against the foilowino Budget Estimate. This Is a Summary of the Supporting Detail of Budget Receipts and Expenditures on file with the City Clerk. Copies of the Supplemental Detail (Schedule 631-A) will be furnished any taxpayer upon reouesl. ,- • • -- _ _. _ .- -- it. A Its l I 1 1 C 1 4,651,70011 EXPENDITURES FOR YEAR OTHER 1FoEPub. Safety mil m4$ Runde I 1 57,271 v $o REwrO1 fuze Wfrole 1970 Actust and 1972 oE , w;Ems LLEoZs °m Dollars) Actual Tet Proposed itedu g: w o= I I 1 1 I 11. I I I I I 1 19. 1 I I I I 1 20. Sewer Rental Za 983.8201 I W FU1. 1 GeneralNCTIONAL I 573,1631 1 702,65/1 709,S461' 464,0541 245,492 2, Street 1 166,1401 178.3361 176,7301 1 34,0581 142,672 3. Public SafetY 1 1,4.10,3831 IA03,5501 2,020,7441_ _ 1 S81,7641 1,48,980 4. Sanitation 1 529,1591 652,5231 699,4411 1 428,3981 271,04 S. Municipal I 1 Enterprise 340,7411 407,1031 43,6331 113,1501 250,483 4. Recreation _ 1 495,6331 533,7821 568,8271 1 133.7001 435,122 7. Utilities 1 1,124,4811 1,929,4691 1,171,9231_ 11,014.2141 157,709 it. 1 I I I 1 1 t2. Furic Ub-Total 1 4,651,70011 6.027,41711 5.780,8391 1I 2,839,3381 2,941,501 OTHER 1FoEPub. Safety 1 93,0371 93,883! 57.2711 I 1 57,271 14. Debt Service 1 761,5201 870,9721 867,7911 1 4,0001 863,791 15, Agency I 694,2441 882.9721 950,6411 1 14,0001 936,641 16. Tort Liability 1 1 28,7261 29,7541 1 1 29,7S4 17. Civic Center I I I 1 1 I 11. I I I I I 1 19. 1 I I I I 1 20. Sewer Rental 1 520,3781 983.8201 92SAMI I 92SAMI 21 d. Use Tax) 1 1,061,9641 1,536,5551 77SA651 I 77SA651 _ 22. iquorProfit I 234,0001 22310001Transfer_ i I 23. Parking 1 1 1 1 1 Meter 24. Parking Lot I I I I I I 4e FecII&It 1 250,8061 266,4781 267,8791 1 267,8791 27. St. (Ag, Land) 28. TOTAL IU,267,6491f10,915,8231f9,555,2961 If4,726,3361SA,828,958 Estimated Taxes per f1,000 A55essW Valuation 349.242 Councilman Moldenhauer moved that the proof of publication be received and filed. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. October 26, 1971 Honorable Mayor and City Council Again in the ,year 1971, members of the Chamber's Tax Study Com- mittee are indebted to Council Members and City Staff for the 11. 10/14 cooperation received in the review of the proposed 1972 City Budget. It is our conviction that every ef- fort has been made at every level to answer any and all questions raised by members of our Commit- tee. The budget presentation of this year, which is an expansion of the revised budget formal adopted in 1970, appears to further satisfy previous recommendations made by Chamber Tax Study Commit- tees. The City is to be commended for refining this budget process. Special Session, October 26, 1971 431 As stated last year, the Commit- tee again believes the instrument provides for improved budget con- trol. It should be noted that with no reduction in services, next year's City taxes will reflect a decrease for the first time in years. (Assum- ing no change in present evalua- tions). The Committee does believe at- tention should be given to the fol- lowing: 1. Submission of quarterly re- ports showing the amounts bud- geted, expanded to date, and re- maining in each budgeted area. 2. Implementation of an annual salary review of department heads with special emphasis on narrow- ing the disparity between the Man- ager's salary and that of manag- ers in cities of comparable size. 3. Noting the fact that the bud- get proposal is approximately 21/z months late, greater effort should be expended to meet the legal bud- get. deadline. 4. Implementation of a central- ized purchasing agency with po- tential savings in unit costs and greater budget control. 5. Creation of a single City cash- ier's office for the acceptance and recording of incoming city funds. 6. Because of the massive detail in the budget, the Committee and the City Council would appreciate the opportunity to work with the City Manager in the development of the budget. The Committee is pleased to note that recommendations of ear- lier committees related to certain staff areas have been Implement- ed. It would also appear that full use of potentially available federal and/or state funds has been ac- complished. Respectfully submitted, Richard P. Friedman Chairman City Budget Tax Study Committee Councilman Meyers moved that the communication he received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of Dubuque Pro- fessional Fire Fighter's Assn. re- questing permission to address the Council concerning the 1972 pay proposal. Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. Councilman Meyers moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilman Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Mr. Ronald Kann President of the local Firefighter's Assn. stat- ed that wage offers to department lieutenants and marshals still are not satisfactory. Firemen should get extra pay working out of grade twenty four hours. They were told at. the bargaining wage sessions that there was just so much money and no more. In other words they feel as though they drew a blank on wage negotiations. Mr. Richard Friedman from the Chamber of Commerce City Bud- get Tax Study Committee request- ed quarterly reports on city fi- nances and requested a review of department head salaries, es- pecially that of the City Manager. Mr. Iry Behr, representing Musician's local 289 requesting the Council to increase the City share and financial participation in park concerts and parades. The mu- sicians furnish from seven to eight thousand dollars per year for con- certs and parades and the City matched it with only one thousand dollars. Mr. Bud Isenhart again ad- dressed the Council relative to the establishment of neighborhood parks in the older areas of the City. Fie quoted from the Victor Gruen report of 1965 that stated 44 out of 55 neighborhoods had no playgrounds, a good number of these are considered to be in a state of deterioration. Mr. Isen- hart requested consideration in the 1973 budget. RESOLUTION NO. 307-71 RrHi?REAS, the Council of the 432 Special Session, October 26, 1971 City of Dubuque, Iowa, caused to be prepared and published as provided by law, the BUDGET ES- TIMATE OF EXPENDITURES for the fiscal year beginning January 1, 1972 and ending December 31, 1972, and the hearing upon said budget estimate was fixed for the 26th day of October 1971, at 7:30 o'clock P.M. Central Daylight Time, in the Council Chamber at the City Hall; and WHEREAS, this being the time and place for said hearing, said Budget Estimate was taken up for final consideration by the Coun- cil and all parties in interest have been given an opportunity to be heard for or against said Budget Estimate. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the budget estimate of ex- penditures for the fiscal year be- ginning January 1, 1972 and ending December 31, 1972, heretofore pre- pared and published be and the same is hereby finally approved and adopted and the Mayor and Clerk are directed to certify the same to the County Auditor of Dubuque County, Iowa, together with a verified proof of publica- tion and the notice of hearing upon said Budget Estimate. BE IT FURTHER RESOLVED, that the taxes required to be col- lected in the year be and the same are hereby levied in the amounts of said Budget Estimate. Passed, adopted and approved this 26th day of October 1971, Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenahuer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 308.71 A Resolution Establishing the Tax Levies for the Year 1971, the Taxes to be Collected in the Year 1972, and used for Munici• pal Purposes of the City of pu. buque, Iowa. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That there be and there is here- by levied the taxes for Municipal purposes for the ensuing year of 1972 the following number of mills on the dollar of all taxable prop• erty within the corporate limits of said City. 2.419 General Fund 1.405 Street Fund 14.739 Public Safety Find 2.670 Sanitation Fund 2.467 Municipal Enterprise Fund 1.553 Utilities Fund 4.286 Recreation Fund 8.509 Debt Service Fund .293 Tort Liability Fund 9.226 Trust & Agency Find .0 Emergency Fund. 47.567 Total Mills. Be it further resolved that the 1.25 mills on the dollar is hereby levied upon all lots or parcels of land containing ten acres or more which are occupied in good faith and used for agricultural or horti- cultural purposes. Be it further resolved that the Mayor and Clerk be and they are hereby directed to certify the sums of money that the said tax levies will produce as shown by the Bud- get Estimate of Expenditures as adopted by this Council on the 26th day of October 1971 to the Auditor of Dubuque County. Passed, adopted and approved this 26th day of October 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Printed Council proceedings for Special Session, October 26, 1971 433 themonth of July 1971, presented for approval. Councilman Meyers moved that the Council proceed- ings for the month of July 1971 be approved as printed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. October 19, 1971 To the Honorable Mayor and City Council I herewith, submit the monthly reoprts of the City Treasurer and Water Superintendent for the month of September 1971. Also submitting the list of claims for the months of August and Sep- tember 1971. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of list of claims for September 1971, pre- sented and read. Councilman Preg- ler moved that the proof of pub. lication be received and filed. Sec. onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. October 22, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a re- quest to vacate sixteen feet (18') of Garfield Avenue lying adjacent to Lots 197 and 198 in Ham's Ad- dition in the City of Dubuque., Iowa. The Commission has found that the R.O.W. in question is located in the corridor of one alignment of the freeway. It is the reoemmendation of the Commision that no consideration be given to vacation of R.O.W. un- til the freeway study is completed. It is further the recommendation of the Commission that if c?-,zid- eration is given to this matter in the future that it not be done on a piecemeal basis, but rather the entire block be studied. Respectfully submitted, City Planning and Zoning Commission Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation with instructions that the City Planner send a copy to the Petitioner. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication- of Parents Pol- icy Council of Urban Dubuque urging the Council to help the blind to become self supporting by the use of the Naval Reserve Building, presented and read. Ma. vor Couchman moved that the communication be received and filed and the Manager be instruct- ed to communicate. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Laborers In- ternational Union requesting im- mediate attention relative to the non-payment of wages due Mike DeMaio and John Lange from the H & R Wrecking Co. for labor per- formed in the demolition of down- town buildings in the Urban Re- newal area, presented and read. Councilman Pregler moved that the communication be referred to the City Solicitor for investiga- tion and report. Seconded by Ma- yor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenheu- er, Pregler. Nays—None. Communication of Ralene A. Si- monsen objecting to holding trick or treat night on Sundayeand it is a holy day, presented read. Mayor Couchman moved that the communication be received and filed. Seconded by Council- man Bitter. Carried by the follow- ing vote: 434 Special Session, October 26, 1971 Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. October 6, 1971 Hon. Mayor & City Council On the 5th day of October, 1971, Steven J. Schadle of 1615 Rhom- berg Avenue, this city, filed claim in the amount of $55.40 claiming said damages were suffered at Loras and Grandview Avenue on October 2, 1971, claiming insuffi- cient number of barricades there- at. Said roadway at said point is under construction and, accord- ingly, it is the recommendation of the City Attorney that said claim be denied. It would appear that if claim- ant has any claim, same is assert - able against the construction con- tractor. Yours very truly. R. N. Russo City Attorney Mayor Couchman moved anprov- al of the recommendation. Second- ed by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 59.71 An Ordinance Amending Ordi- nance No. 3349 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new subsection of Section 4 of Sched- ule 1 thereof to provide that traffic shall move easterly only on West Fourth Street from Bluff Street to Iowa Street, pre- sented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, 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 Council- man Meyers. Carried by the fol- lowing vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. ordinance No. 59-71 AN ORDINANCE AMENDING ORDI NANCE No. 33.49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED, BY ENACT- ING A NEW SUBSECTION d OF SECTION 4 OF SCHEDULE I THEREOF TO PROVIDE THAT TRAFFIC SHALL MOVE EASTERLY ONLY ON WEST FOURTH STREET FROM BLUFF STREET TO IOWA STREET. NOW DA NEDTBYRTHERCITBYECOUNCI 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 enacting anew subsection tl to Section 4 of Schedule 1 thereof to provide as fol. lows: "SCHEDULE I 4. Traffic shall move easterly only: d.On West Fourth Street from Passed, }opppsrovad tandoadopttede}itls 26th day of October, 1971. Gaylord M. Couchman Mayor Walter A. PreWer Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter ATTEST: Councilmen Leo F. Frommelt Cltv Clerk Published officially in The Tel?raph. Herald Newspaper this 29th tlav of October, 1971. Leo F- Frommelt City Clerk. I1. 10/29 Councilman Bitter moved adop. tion of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. Petition of Bernard N. Newton requesting a refund of $100 on the unexpired portion of beer license No, 35 as he has discontinued bus. iness on 10-19-71, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of The New March of Dimes requesting permission to conduct their "Mothers March" from January 2, thru 31st, 1972, presented and read. Councilman Pregler moved approval of the re- quest and that it be referred to the City Manager for implemen- tation. Seconded by Mayor Couch- man. Carried by the following vote: Yeas .— Mayor Couchman, Coun- Special Session, October 26, 197 1 435 cilmen Bitter, Meyers. Moldenhau. er. Pregler. Nays—None. RESOLUTION NO. 309.71 Accepting Delivery of Deeds for the Downtown Urban Renewal Project, Iowa RAS. N'1'HEREAS, under date of July 26, 1967, the City of Dubuque and the en- tered pited into a America Loan and andCapital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WITFREAS, tb^ City of Dubuque pursuant to authorization and di- rection of said Loan and Capital Grantc esacquired for of implement- ing the publiclic purpo 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 Cit. 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 Ur- ban Renewal Project, Iowa R-15. is hereby ratified and accepted by the City of Dubuque. GRANTOR: Renier Realty Com- pany. Deed dated October 14, 1971. Recorded in Book 207, Page 149. PROPERTY DESCRIPTION: The Northerly 43 feet 6 inches (also sometimes referred to as the North 43 feet 6 inches) of Lot 17 in the City of Dubuque. Iowa, according to the United States Commission- ers' Map of the town of Dubuque, Iowa. SECTION 2. That the recording of the respective deeds of convey- ance of title in the office of the Recorder in and for Dubuque Count, ]cwa, is hereby ratified. SEk !'1QN 3. That the City Clerk be and lir is hereby authorized and dirc:ct A to file a C- r ' d.m- olution in the Of ',te- corder in and foi uubuq•.:e Coun- ty, Iowa. Passed, approved, ar,d adopted this 26th day ofOctnt, r. 1971. Gaylord N. ` )whman Mayer Walter A. Pressler Wayne A. Moiderhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter. Meyers, Moldenhau• er, Pregler. Nays—None. RESOLUTION NO. 310-71 Preliminary approval of plans, specifications, form of contract, plat, and all other documents for construction of City of Dubuque Civil Defense Warning Siren -Ken- nedy Mall, at an estimated cost of 44,829.59, presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- Councilman Pregler moved adop- er, Pregler. Nays—None. (Necessity for ImprovenNn) RESOLUTION NO. 311.71 WHEREAS, proposed plans, spec- ifications, form of contract 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 show- ing among other things the fol- lowing: 1. An estimate of the cost of the proposed improvement for the City of Dubuque—Civil Defense Warning Siren—Kennedy Mall. 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 hereinmentioned improvement 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 improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con• strutted 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 436 Special Session, October 26, 1971 expense of making said improve- ment will be. paid from the Public Safety Fund 042401.2501. The above resolution was intro. duced, approved, and ordered placed on file with the City Clerk this 26th day of October, 1971. Approved and placed on file for final action. Approved: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt Councilman Pregler moved ap- proval of the resolution. Seconded by Mayor Couchman, Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers. Moldenhau- er, Pregler. Nays --None. (Fixing Date of Hearing) RESOLUTION NO. 312.71 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the City of Dubuque --Civil Defense Warning Siren—Kennedy Mall. BE IT THEREFORE RESOLVED that on the 15th day of November, 1971, a public hearing will be held at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may ap- pear and make objection to the proposed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is here- by directed to cause a notice of the time and place of such hearing to be published in some newspa- per published in the City of Du- buque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clark is further instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. Passed, adopted and approved this 26th day of October, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau er, Pregler. Nays—None. Petition submitted by Mrs. Helen Mercer, containing approximately 960 signatures, being in agreement with Councilman Moldenhauer's plan to restore the City Hall in keeping with its historic signifi- cance but also usable for present day government, being both excel. lent and feasible, both as a tour- ist attraction and a saving to the taxpayer, and requesting consid- eration to adopt the plan, pre- sented and read. Airs. Mercer addressed the. Coun. cil relative to the petition. She stated that the City Hall was built in 1857 and is one of the outstand- ing historic structures in the area. Various surveys indicate the struc- ture is of sound construction. Councilman Bitter moved that the petition be received and filed. Seconded by Mayor Couchman. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Moldenhauer moved that the idea of Historic Preserva- tion of City Hall be tabled until the second meeting in January 1972. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau• er, Pregler. Nays—None. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Bitter. Carried by 'the. following vote: Special Session, October 26, 1971 4.37 yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Leo F. Frommelt City Clerk Approved January 31, 1972 Adopted January 31, 1972 Regular Session, November 1, 1971 439 CITY COUNCIL OFFICIAL Regular Session, November 1, 1971. Council met at 7:30 P.M. (C.S.T.) present --Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is the REGULAR MONTHLY MEETING of the City Council call- ed for the purpose of acting upon such business as may properly come before the meeting. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Two legionnaires of Post No. 6 presented the Mayor with an American flag in memory of the late Police Captain Byrne O'Brien, who represented the best in Amer- ican citizenship. Councilman Moldenhauer moved acceptance of the American flag in memory of former Police Captain Byrne O'Brien. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Lt. Sanderson of the Navy League informed the Council of a change in command in San Diego for the U.S.S. Dubuque. Mayor Couchman informed him that he was aware of the fact and had al- ready sent a letter. Communication of Kenny Re. habilitation Institute advising of their plan to conduct a house tc house drive for funds from Novem. ber 25 thru December 25, 1971 Presented and read. Councilmar Pregler moved approval with in structions to refer the communi cation to the City Manager. Sec onded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Your Town Clock Committee requesting that the remaining debt of $2500. due Walser Rapid Transit be paid for balance of work completed on the Town Clock also submitting two pledges one in the amount of $2000. from The Telegraph Her- ald Foundation Inc. due March 31, 1972 and one of $500, from the Stampfer Building Company due in January 1972, presented and read. Councilman Pregler moved that the request be granted. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays — None. October 28, 1971 To the Honorable Mayor and City Council I request your authorization to pay $2,500.00 to the Walser Rapid Transit Company for work done on the city clock. The funds will be paid from the General Fund -Land Sales Account. It is expected that the city will be reimbursed in 1972 according to the attached letter from the Treasurer of Your Town Clock Committee. Respectfully requested, Gilbert D. Chavenelle City Manager Mayor Couchman moved that the request be granted as an ad- vance to be repaid on pledges. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays — None. October 28, 1971 To the Honorable Mayor and City Council I will be absent from the city November 6th through the 11th. I request that the City Clerk be authorized to sign city papers dur- ing my absence. These papers will 440 Regular Session, November 1, 1971 consist largely of purchase orders and payment vouchers. Respectfully requested, Gilbert D. Chavenelle, City Manager Councilman Meyers moved ap- proval of the request. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays — None. October 27, 1971 To the Honorable Mayor and Members of the City Council This is to advise that I have approved the following policies and bond, and desire to have your approval of same. COMPREHENSIVE LIABILITY William L. Becker Jr., Harold J. Becker, Walter P. Becker & Rog- er V. Becker, D/B/A William Becker & Sons Stone Co., Iowa Mutual Insurance Co. Frank Berwanger Boiler Shop Inc., Bituminous Casualty Corpora- tion Donald L. Ohmert, American States Insurance Company SIDEWALK James Morton, D/B/A Morton Con- struction Co., United Fire & Cas- ualty Company Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved fil- ing approval of the policies and bond subject to approval of the City Solicitor. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. October 29, 1971 To the Honorable Mayor and City Council Please find attached a plat show- ing Lots 2 and 3 of Newman, Cooper, and Smyth Subdivision which are located near the inter- section of Dodge and Bluff Streets in the City of Dubuque, Iowa. It is felt that these two lots are in close proximity to possible right-of-way expansion in this gen- eral area for roadway purposes. In light of this, we respectfully request your authorization to make a formal offer to purchase these two parcels. It is proposed to utilize Road Use Tax Funds for payment if our offer should be ac- cepted. Your consideration of this pro- posal is greatly appreciated. Respectfully submitted, Gilbert D. Chavenelle. City Manager Councilman Bitter moved defer. ral of action to next Wednesday meeting, Motion died for lack of second. Councilman Pregler moved ap- proval of the Manager's request to submit offer to purchase the property. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. October 29, 1971 To the Honorable Mayor and City Council I herewith submit the monthly reports of the City Auditor for July, August and September 1971. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Low -Rent Housing Commission submitting minutes of their meeting of Octo- ber 26, 1971, presented and read. Councilman Meyers moved that the minutes be received and filed. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of Claim of Loriel L. Parker, in the amount of $92.00, for damage incurred as the result of a backed -up sanitary sewer at his home at 1635 Catherine Street on October 17, 1971, presented and read. Councilman Pregler mov- ed that the claim be referred to the City Attorney for investiga- tion and report. Seconded by Regular Session, November 1, 1971 441 Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of Claim of Mrs. Mathilda M. Klein, in an undetermined amount, for personal injuries re- ceived in a fall on a defective side- walk at 16th & Jackson Street on October 1.3. 1971, presented and read. Councilman Pregler moved that the notice of claim be refer- red to the City Solicitor for in- vestigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Original notice and petition for declaratory judgment and tem- porary and permanent injunction filed by Richard J. & Kathryn Koos claiming they cannot be subject to voluntary petition for annexation of their property without their consent, presented and read. Coun oilman Pregler moved that the notice be referred to the City Sol- icitor for investigation and re- port. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 60-71 An Ordinance Amending Ordi- nance No. 14.59 as amended by repeating Section 1 thereof and enacting a new section in lieu thereof, presented and read. Councilman Meyers moved that the reading just had be consid- ered the first reading of the Or- dinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Ordinance No. 60-71 An Ordiance Amending Ordinance No. 1459 as Amended by Repealing Section 1 thereof and Enacting New Section in Lieu thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Section 1. That Section I of Ordl. nance No. 14-59 as amended, be and the same is hereby repealed and the following enacted in lieu thereof: "Section 1. That no person, flim or corporation shall connect any pri- vate lateral sewer to the Catfish Creek Sanitary Sewer as the same appears upon the plans thereof prepared by the City Engineer and approved by the City Council Au- gust 6, 1956, including Sections I, 11, 111, and IV thereof, and Exten- sion of the Catfish Creek Sanitary Sewer from existing manhole in Lot 23 of Falk's Addition, to a point 2030 feet northwesterly from said existing manhole In Lot 23 o1 Falk's Addition, as the same appears upon theplans thereof prepared by the City Engineer and approved b• the City Council, December 29, 1%0, without first complying with the Provisions of this Ordinance;" Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and Pub- lication as by law provided. Passed, adopted and approved this 1st day of November 1971. Gavlord M. Couchman Mayor Welter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in The Telegraph. Herald Newspaper this 8th day of November 1971. Leo F. Frommett City Clerk 1t. 11/8 Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Clarke College re- questing permission to conduct a parade on November 9th as part of Environmental Week, it being planned to pick up trash and lit- ter in the streets in various areas of the City during the line of march, presented and read. Mayor Couchman moved that the peti- tion be granted and referred to the Manager. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. 442 Regular Session, November 1, 1971 RESOLUTION NO. 313-71 Preliminary Estimate and ap- proval of plans, specifications, form of contract, plat and all other documents, for the construction of CITY OF DUBITQUE 1971.WATER MAIN EXTENSION PROJECT NO. 1, CONTRACT 1 --SECTION I— Rockdale Road Water Main Exten- sion—Contract 1 Section 2 South- ern Avenue Water Main Exten- sion, in an estimated cost of $224,082.50, presented and read. Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION NO. 31471 WHEREAS, proposed plans, spe- cifications, form of contract 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 show- ing among other things the fol- lowing: 1. An estimate of the cost of the proposed improvement for the City of Dubuque 1971 Water Main Extension Project No. 1. Contract 1—Section 1—Rock- dale Road Water Main Extension. Contract 1—Section 2—Southern Avenue Water Main Extension. 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 hereinmentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the cost of improve- ment, they shall be deemed to have waived all objections there- to. Said improvement shall be con. structed end 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 paid from the Water Works General Fund. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 1st day of November, 1971. Approved and placed on file for final action. APPROVED: Gavlord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved approv- al of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Fixing Data of Hearing) RESOLUTION NO. 315.71 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the City of Dubuque 1971 Wa- ter Main Extension Project No. 1. Contract 1 --Section 1—Rockdale Road Water Main Extension. Con- tract 1 ---Section 2—Southern Ave- nue Water Main Extension. BE IT THEREFORE RESOLVED that on the 6th day of December, 1971, 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 proposed 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 published in some newspaper puhlished in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. Regular Session, November 1, 1971 443 Passed, adopted and approved this 1st day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried 1. the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. October 7, 1971 To the Honorable Mayor and City Council This is to advise you that the construction of contract Storm Sewer on Sixth Strut and Ailay between Main Street and Iowa Street and work incidental thereto in and for the City of Dubuque, Iowa has been completed in ac- cordance with plans, specifications and the contract by and between M. F. Goerdt Construction Com- pany of Dubuque, Iowa and the City of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. FINAL ESTIMATE RESOLUTION NO. 316-71 WHEREAS, the contract for the Storm Sewer on Sixth Street and Alley between Main Street. and Iowa Street has been completed and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assesment and Plate, 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 $11,663.19. That NONE of the cost thereof shall be assessable upon private property and $11,663.19 shall be paid from the Parking Ramp con- struction Fund of the City of Du- buque. Passed, adopted and approved this lst day of November 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays --None. (A Resolution Accepting Improvement) RESOLUTION NO. 317.71 WHEREAS, the contract for the Storm Sewer on Sixth Street and Alley between Main Street and Iowa Street has been completed and the City Manager has exam- ined 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 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 Parking lump Construction Fund in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 1st day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk 444 Regular Session, November 1, 1971 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 318.71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Ciga- rettes and Cigarette Papers within said City. Brookside Dairy, Inc. 1540 Central Avenue William R. Jotham, 2987 Jackson Street Jeanette M. Kroeger, 431 Rhom- berg Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 1st day of November, 1971. Gavlord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 319.71 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, that the following applications be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMITS Beecher Co., Inc., 2399 White Street John F. Glynn, 760 East 16th Street American Veterans of WW II & Korea Post #3, 36 West 4th Street Richard Hillard, 521 East 22nd Street Marcella McCarty, 2093 Washing- ton Street William R. Jotham, 2987 Jackson Street Jeanette M. Kroeger, 431 Rhom- berg Avenue CLASS "C" BEER PERMIT Florence E. Chalder, 113 Main Street Warehouse Market, J. F. Kennedy Road Lil' Giant Food Stores, Inc., 1101 Rhomberg Avenue Passed, adopted and approved this 1st day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 320-71 WHEREAS, applications f or Beer Permits were filed by the within named applicants and they have received the approval of this Council: and WIiEREAS, 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 Beecher Co., Inc., 2399 White Street John F. Glynn, 760 East 16th Street American Veterans of WW It & Korea Post #3, 36 West 4th Street Richard Hillard, 521 East 22nd Street Regular Session, November 1, 1971 445 Marcella McCarty, 2093 Washing- ton Street William R. Jotham, 2987 Jackson Street Jeanette M. Kroeger, 431 Rhom- berg Avenue CLASS "C" BEER PERMIT Florence E. Chalder, 113 Main Street Lil' Giant Food Store, 1101 Rhom- berg Avenue Warehouse Market, J. F. Kennedy Road Passed, adopted and approved this 1st day of November, 1971. BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be and the same are hereby approved. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved aop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION No. 321-71 WHEREAS, applications for Li- quor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT R - 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 67th General Assembly, 1967. Class "C" Commercial Establishment John F. Glynn, 760 East 16th St. Richard Hillard, 521 East 22nd St. Doris Tigges, 2776 Jackson Street Frank & Phyllis Licciardi, 504 Bluff Street William R. ,Jotham, 2987 Jackson Street Jeanette M. Kroeger, 431 Rhom- berg Avenue Passed, adopted and approved this 1st day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 322-71 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 John F. Glynn, 760 East 16th St. Richard Hillard, 521 East 22nd St. Doris Tigges, 2776 Jackson Street Frank & Phyllis Licciardi, 504 Bluff Street William R. Jotham, 2987 Jackson Street Jeanette M. Kroeger, 431 Rhom- berg Avenue Passed, adopted and approved this 1st day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by 446 Regular Session, November 1, 1971 Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmenBitter, Meyers, Molden- hauer, Pregler. Nays — None. Mayor Couchman submitted the name of Leonard J, Backes for re- appointment to the Plumbing Board for a five year term to No- vember 2, 1976. Councilman Mol- denhauer moved ratification of the appointment. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Pregler moved that the City Solicitor be authorized to start action to effect the repair of all railroad crossings in the City. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Mr. Paul Ombruni of H. D. & R. gave a progress report on the findings of the odor problem at the Sewage Disposal Plant by stat- ing the oxygen demand cannot be satisfied at the present time. Mr. Bob Reims stated that the load today is equal to the anticipated load of 1986. Mr. Dan Schmidt of 1316 Lincoln Ave. and Mrs. Tom Tully of Fox Drive were wonder- ing how long the odor problem will last. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Leo F. Frommelt City Clerk Approved ... 7g1Iu-c1'X-y....,.1.... 1972 Adopted ....TariU3 r y 1 ,•1972 .2 . ``.... .............. 7^... .............. City Clerk Special Session, November 3, 1971 447 CITY COUNCIL OFFICIAL Special Session, November 3, 1971. Council met at 4:30 P.M. (C.S.T.). Present — Mayor Couchman, Councilmen Meyers, Moldenhaver, Pregler. City Manager Gilbert D. Chavenelle. Absent — Councilman Bitter. Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is called for the purpose of DECLARING THE RESULTS AND SUBMITTING A CANVASS OF THE REGULAR MUNICIPAL EL- ECTION HELD ON NOVEMBER 2, 1971 and acting upon such other business as may properly come be. fore a regular meeting of the Council. November 3, 1971 To the Honorable Members of the City Council Gentlemen: In accordance with the provis- ions of Section 50.21 of the 1971 Code of Iowa, on November 3, 1971, w-2 made a public canvass of the election returns of the REGULAR MUNICIPAL ELEC- TION held on November 2, 1971, and herewith submit the report of said canvass. We, Gaylord M. Couchman, Mayor of the City of Dubuque, Iowa and Leo F. Frommelt, Clerk of thn City of Dubuque, Iowa, do hereby certify that we publicly canvassed the election returns of the REGULAR MUNICIPAL EL- ECTION and find the following results: Nominated by General Election For Councilman — 4 year term. C. Robert Justmann 5857 votes Alan T. Thoms 5675 votes Nominated by General Election For Park Board Dominic Goodman 7314 votes Nominated by General Election Municipal Judiciary Ballot For Court Judges — 4 year term. Karl Kenline 6327 votes Frank D. Gilloon Jr. 5861 votes For Court Clerk Joseph A. Stiber 7138 votes For Court Bailiff Elmer D. Johanningmeier 7255 votes Respectfully submitted, Gaylord M. Couchman Mayor Leo F. Frommelt City Clerk Councilman Pregler moved that the canvass be received and made a matter of record. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. 448 Special Session, November 3, 1971 REGULAR MUNICIPAL ELECTION, NOVEMBER 2, 1971, CITY OF DUBUQUE, IOWA For Park For ;or For Councilmen Commissioner For Judges Clerk Bailiff M N ' jj 2 e . E t S F'N C V N cE GG M ► C t d ci C 4 Lv .8q aE _x rE Er xo _ me a4 a 4 E0 m. o tB 4490V, a Win 4M QF 00 Wf- = U.0YY -sin W, Zim Fu CL 1st 445 600 443 671 796 259 633 657 733 749 1168 2nd 346 543 381 542 630 248 510 560 587 617 964 3rd 150 170 143 159 275 57 176 190 217 216 34-3 4th 100 111 110 113 153 63 131 147 150 151 235 5th 236 290 227 249 355 133 290 310 344 347 534 6th 438 626 548 617 781 308 571 620 711 712 1184 7th 66 94 89 65 99 53 75 79 95 96 173 8th 127 183 140 154 219 72 162 172 197 203 329 9th 155 200 196 149 233 104 191 227 237 229 370 10th 217 289 218 262 359 135 276 316 353 364 529 11th 345 475 416 453 572 251 479 525 583 591 888 12th 159 174 189 138 216 110 189 190 214 223 352 13th 308 327 454 297 455 223 376 412 476 457 742 14th 326 391 463 413 542 255 430 437 526 554 848 15th 289 383 386 302 419 266 348 370 448 456 729 16th 514 685 562 713 834 364 678 734 843 861 1299 17th 198 316 262 378 376 191 346 381 424 429 602 Total 4419 5857 5227 5675 7314 3092 5861 6327 7138 7255 11294 RESOLUTION No. 323.71 WHEREAS, the Mayor and City Clerk have heretofore pursuant to the provisions of Section 50.21 Code of Iowa 1971, met and can- vassed the returns of the Regular Municipal Election held in the City of Dubuque on November 2, 1971 and certified the results to the City Council; and WHEREAS, the City Council has examined said certificate and finds that the following have been elected for the following offices: COUNCILMEN for term begin- ning January 1, 1972, four year term to 12-31-75. C. Robert Justmann Alan T. Thoms PARK COMMISSIONER Regular Term Commencing January 1, 1972, six year term to 12-31-76. Dominic Goodmann MUNCIPAL COURT JUDGES — Four year term commencing Jan. uary 1, 1972. Frank D. Gilloon Jr. Karl Kenline MUNICIPAL COURT CLERK — Four year term commencing Jan- uary 1, 1972. Joseph A. Stieber MUNICIPAL COURT BAILIFF— Four year term commencing Jan- uary 1, 1972. Elmer D. Johanningmeier NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa: Section 1. That C. Robert Just - mann and Alan T. Thoms are here- by declared elected to the office of Councilman of the City of Du- buque for the terms commencing on or before noon of the second secular day of January 1972. Section 2. That Dominic Good - mann is hereby declared elected to the office of Park Commissioner for a six year term commencing January 1, 1972. Section 3. That Frank D. Gilloon Jr. and Karl Kenline are hereby declared elected to the Municipal Court as Judges for a four year term commencing January 1, 1972. Special Session, November 3, 1971 449 Section 4. That Joseph A. Stieb- er is hereby declared elected to the Municipal Court as Clerk for a four year term commencing Jan- uary 1, 1972. Section S. That Elmer D. Johan. ningmeier is hereby declared elec- ted to the Municipal Court as Bail• iff for a four year term commenc- ing January 1. 1972. Section 6. That the City Clerk be and he is hereby authorized and directed to issue certificates of election to the foregoing indi. viduals for the respective offices in which they have been elected. Passed, adopted and approved this 3rd day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Communication of William A. Conzett, submitting his resigna- tion as Assistant City Solicitor, ef- fective immediately, presented and read. Mayor Couchman moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. There being no further business Councilman Pregler moved to ad- journ. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Crouchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Leo F. Frommelt. City Clerk Januar 1 Approved ...... ........ ........................ 1972 Januar? 31 Adopted 1d972 p A .......................... Clerk 450 Special Session, November 15, 1971 CITY COUNCIL OFFICIAL Special Session November 15, 1971. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Couchman, Councilmen Bitter, Meyers, Mol- denhouer, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is called for the purpose of Con- ducting a Public Hearing on the Resolution of Necessity for the Construction of J.F.K. Road Sani• tary Sewer from Spring Valley Road North-East Side, and acting upon such other business as may properly come before a regular meeting of the Council. Mayor Couchman read a com- munication from Vincent J. Kaiser submitting his resignation as a member of the Dock Commission. Councilman Pregler moved that the resignation be accepted with regret and a letter of appreciation be sent. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Mayor Couchman submitted the name of Rev. Alfred Ede as a re- placement for Rev. Vincent Hatt as an appointment on the Human Rights Commision, for the unex- pired term to January 1, 1974. Councilman Bitter moved ratifica- tion of the appointment. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of Regular Mu- nicipal Election Ballot of Novem- ber 2, 1971, as published on Oc- tober 29, 1971 presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau. er. Pregler. Nays—None. Communication of Urban Re. newal Director requesting that Mr. Wayne Norman Chairman of the Executive Committee of Five Flags be given an opportunity to make a presentation on the Five Flags Center Project, presented and read. Councilman Pregler moved that the communication be re- ceived and filed and that the rules be suspended in order to let any- one present address the Council if they so desire. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Mr. Wayne :Norman submitted a report on the Five Flags Civic Center Project with the announce- ment of the inauguration of a campaign goal of $1,300,000. to finance the project. November 15, 1971 To the Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1971 Code of Iowa the Civil Service Commission conducted entrance examinations on April 6, 1971, for appointment to the Fire Depart- ment. The following named applicant has passed both the written and physical examinations and is here- by certified for appointment. Hogan, Theodore J. 71% Respectfully submitted, LeRoy H. Giles Chairman Louis F. Fautsch Commissioners Attest: Leo F. Frommelt Clerk Subscribed and sworn to before before me this 15th day of No- vember 1971. Violet Savary Notary Public Councilman Meyers moved that the communication be received and made a matter of record. See. Special Session, November 15, 1971 451 onded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. November 11, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a re- quest to vacate an alley which lies adjacent to Lot I and Lot 2 of Gmehle's Subdivision, in the City of Dubuque, Iowa. It is the opinion of the Com- mission that there is no present or forsecable future public needs for the right-of-way, and recom- mend that the alley be vacated subject to easements for utilities. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved that the recommendation be referred for proper procedings. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. November 15, 1971 To the honorable Mayor and City Council 1 hereby request authority to proceed with the preparation of plans and specifications for Phase II construction of the City of Du- buque Waste Water Treatment Facility as proposed in the report prepared by Henningson, Durham & Richardson and Cullen-Schiltz & Associates. If this authority to proceed is granted, I will make arrangements for the work to be completed by the consultants according to Part II and Part III of the agreement between the City and li. D. & R. dated April 11, 1966 and supple- mental agreement dated June 11, 1970. Respectfully submitted, Gilbert. D. Chavenelle City Manager Councilman Pregler moved ap- proval with authorization to pro- ceed with Phase H. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays --None. Notice of claim of Milton Kapp, in the amount of $52.68, for car damage received as the result of a fallen tree limb striking the car at 1005 32nd Street on October 30, 1971, presented and read. Coun. cilman Pregler moved that the notice of claim be referred to the City Attorney for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of Employers Mutual Companies of subrogation interest and lien in behalf of their insured, Standard Forwarding Co., in the amount of $1200., as the result of their truck striking a low hanging tree branch in the 2500 block of Central Ave. on 9-9-71, presented and read. Councilman Pregler moved that the Notice be referred to the City Attorney for investiga- tion and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of claim of Ray Stuart Jr. by attorney Victor Sprengle- meyer, in the amount of $70. as the result of the police department depriving Mr. Stuart to collect for repair of an automobile owned by Betty Shannon, which was towed away by the police prior to his right of possession under the Me- chanic's Lien Statute, on October 20, 1971, presented and read. Coun- cilman Pregler moved that the notice of claim be referred to the City Attorney for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of claim of Kenneth Hally Trowbridge of 2714 Pinard St., by M. S. McCauley, attorney, in the 452 Special Session, November 15, 1971 amount of $75,000 for damage in- curred in a one car collision at 2,945 to 2549 Jackson Street as the result of negligence on the part. of the City in the maintenance of too -high a crown and too -low a percentage of aggregate in the pavement mixture to maintain a non -slippery surface during wet conditions on September 26, 1971, presented and read. Councilman Pregler moved that the notice of claim be referred to the City At- torney for investigation and re- port. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of claim of Mrs. Margaret Laugesen, in an indetermined amount, for personal injuries re- ceived in a fall on a defective side walk at 540 Hill Street on October 14, 1971, presented and read. Councilman Pregler moved that the notice of claim be re- ferred to the City Attorney for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen. Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of John J. Glynn re- questing a refund in the amount of $50. on the unexpired portion of cigarette license No. 76, as he has discontinued business on No- vember 6, 1971, presented and read. Councilman Meyers moved that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by May- or Couchman. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler, Nays—None. Petition of John R. Henry re- questing a refund of $125. on the unexpired portion of Liquor Li- cense No. C-6667, as he has dis. continued business on August 7, 1971, presented and read. Coun- cilman Meyers moved that the petition be granted and the Audi- tor instructed to issue proper war- rant. Seconded by Mayor Couch. man. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays --None. Petition of John R. Henry re- questing a refund of $50 on the un- expired portion of Beer License No. 104, as he has discontinued business on August 7, 1971, pre- sented and read. Councilman Mey. ers moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Crouchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate at 1133 Langworthy (10 yr street), presented and read. Councilman Pregler moved that the petition be granted subject to approval of the Engineering Department. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate at 721 Perry Street (10 yr street). presented and read. Councilman Pregler moved that the petition be granted subject to approval of the Engineering Department. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of St. Vincent DePaul Society Loras-Clarke Chapter, re- questing permission to solicit funds during the weekend of No- vember 19th to 21st in the Down- town Mall area for the benefit of Pakistan Relief, presented and read. Councilman Pregler moved approval of the request and that same be referred to the city Man- ager for implementation. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Special Session, November 15, 1971 453 Petition of Richard Kelly et al requesting the installation of ade- quate lighting on Bennett Street from Algona to North Grandview presented and read. Councilman Meyers moved that the petition be referred to the City Manager and Electrical Inspector for investiga- tion and report. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of Mrs. E. M. Nicholson requesting action relative. to an excavation problem in the alley be- hind 1633 Elm Street raising some question as to the replacement of the alley and apparent overcharge, presented and read. Councilman Moldenhauer moved that the peti- tion be referred to the Manager and requesting a report back at the December 6th meeting. Second- ed by Councilman Bitter. Carried by the following vote: Yeas—Mayor' Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition of Roy M. 'Look et al (162 signers) requesting consider- ation for rezoning of the Powers Farm property adjacent to Hoover School from its present zoning back to single Family District Clas- sification, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Attorney Francis O'Connor rep- resenting persons immediately in- volved in the area stated that a variation of Multiple Zoning was proposed north of Hoover school. The area is adjacent to Kennedy Road nestled in the area of Carter Road, St. Ann Drive, Erie Court and Tyler Road. His clients are not against the proposed planned unit for the area, however the area is in question. Mr. Leo McCarthy repre- sented the Powers farm interest. Mr. Jerome Mistek of 11346 Carter Road wanted to make the Council aware of what was happening in the area. Councilman Pregler moved that the matter be referred to the Plan- ning & Zoning Commission. Sec- onded by Councilman Moldenhauer. Carried by the following vote: Yeas—Councilmen Bitter, Molden- hauer, Pregler. Nays—Mayor Couch- man. Councilman Meyers abstain- ing. November 5, 1971 To the Honorable Mayor and City Council This is to advise you that the construction of the Peru Road - Davis Avenue Sanitary Sewer 1970, from the railroad tracks east to lot 2 of George Nigg's Subdivision and work incidental thereto in and for the City of Dubuque, Iowa, has been completed in accordance with plans,specifications and contract by and between Tschiggfrie Excava- tion of Dubuque, Iowa and the City of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Couch- man. Carried by the following vote: Yeas—Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays—None. FINAL ESTIMATE RESOLUTION NO. 32471 WHEREAS, the contract for the construction of Peru Road—Davis Avenue. Sanitary Sewer 1970 — from Railroad tracks East to Lot 2 of George Nigg's Subdivision has been completed and the City En- gineer has submitted his final es- timate showing the cost thereof in- cluding the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City council of the City of Dubuque. That the cost of said improve- ment is hereby determined to be $45,196.22. That $12,360.77 of the cost there- of shall be assessable upon private property and $32,635.45 shall be paid from the Sanitation Fund of the City of Dubuque. 454 Special Session, November 15, 1971 Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldeuhau- er, Pregler. Nays—None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 325.71 WHEREAS, the contract for the construction of the Peru Road— Davis Ave. Sanitary Sewer 1970— from Railroad tracks East to Lot 2 of George Nigg's Subdivision has been completed and the City Man- ager 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 recom- mends its 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 subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion 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 percent. age provided for therein. Passed, adopted and approved day of November, 1971, Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenahuer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. 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 and specifications, form of contract and cost of improvements for in. stallation of a Civil Defense Warn. ing Siren at Kennedy Mall, pre- sented and read. No written objections were re- ceived and no oral objectors were Present in the Council Chamber at the time of the public hearing. Councilman Bitter moved that the proof of publication be received and filed. Seconded by Council. man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Necessity for Improvement) rESOLUTION NO. 311.71 WHEREAS, proposed plans, spe- cifications, form of contract 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 show- ing among other things the fol- lowing: 1. An estimate of the cost of the proposed improvement for the CITY OF DUBUQUE ---CIVIL DE- FENSE WARNING SIREN—KEN- NEDY MALI.. BE IT THEREFORE RESOLVED that the City Council on its own Special Session, November 15, 1971 455 motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, 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 improvement, they .hall be deemed to have tvaived all objections thereto. Said improvement 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 paid from the Public Safety Fund 042401-2501 The above resolution was intro. duced, approved, and ordered placed on file with the City Clerk this 26th day of October, 1971. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 15th day of November 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J, Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved final adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas --- Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Ordering Construction) RESOLUTION NO. 326.71 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a Resolution 01 Necessity No. 311-71 which wa, duly passed by this Council fm the CITY OF DUBUQUE—CIVII DEFENSE WARNING SIREN — KENNEDY MALL be and the ;ame are hereby ordered and con- ;tructed by this Council upon its >wn motion and with or without .he petition of property owners. 411 the work shall be constructed n accordance with the plans and specifications heretofore adopted and now on file in the office of [he City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Public Safety Fund -04.2401-2501. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals fbr the construction of the various im- provements herein provided for in the manner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Lea F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice to con- tractors of the receipt of propos- als for the installation of Civil De- fense Warning Siren at Kennedy Mall, presented and read. Coun- cilman Bitter moved that the proof of publication be received and filed. seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. 456 Special Session, November 15, 1971 November 15, 1971 To the Honorable Mayor and City Council Pursuant to 'your instructions, sealed proposals were received un- til 10:00 A.M., Monday, November 15, 1971 for the City of Dubuque Civil Defense Warning Siren at Kennedy Mall. Three bids were entered with the low bid of $3,646.00 from Westphal and Company of Du- buque, Iowa Their bid was 24.5` below the Engineer's estimate. I recommend that the contract for improvement be awarded to Westphal and Company. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Couchman moved that the communication be received and filed. Seconded by Councilman Pregler. Nays—None. (Awarding Contract) RESOLUTION NO. 327-71 WHEREAS, sealed proposals have been submitted by contrac. tors for the construction of City of Dubuque Civil Defense Warning Siren at Kennedy Mall pursuant to Resolution No. 326.71 and notice to bidders published in a newspaper published in said City on October 29, 1971 and November 5, 1971; and WHEREAS, said sealed propos- als were opened and read on No- vember 15th, 1971, and it has been determined that the bid of West. phal & Company of Dubuque, Iowa in the amount of $3,646.00 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 Westphal and Company, Du- buque, Iowa and the Manager be and he is hereby directed to exe. cute 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 unsuc- cessful bidders. Passed and adopted this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop. tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None, RESOLUTION NO. 328.71 BE IT RESOLVED by the Citv Council of the City of Dubuque, Iowa: SECTION 1. That the attached sheet No. 1 of 1 inclusive is here. by determined to be the schedule of proposed assessments for the John F. Kennedy Road Sanitary Sewer, from Spring Valley, North- East Side. Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, 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 and specifications, form of contract and cost of improvements for the construction of John F. Kennedy [toad Sanitary Sewer from Spring Special Session, November 15, 1971 457 Valley Road North-east side, 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 Couchman moved that the proof of publication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Statement of City Clerk certify- ing that notices of public hearing were mailed to property owners of record by certified mail on Oc- tober 15, 1971 subject to assess- ment to pay for cost of construct- ing John F. Kennedy Road Sani- tary Sewer from Spring Valley Road North-east side, presented and read. Mayor Couchman moved that the statement be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments. RESOLUTION NO. 329-71 WHEREAS, proposed plans and specifications and form of contract for the construction of John F. Kennedy Road sanitary sewer from Spring Valley Road North-East Side 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, 1971, 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 15th day of November, 1971, and WHEREAS, the City Council met in special session this 15th day of November, 1971, at 7:30 o'clock P.M. at the Council Cham- bers in the City Hall for the pur- pose of hearing all interested par- ties and considering any and all objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the mprovement 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 plana, 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 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: I.eo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION NO. 302-71 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 as- sessed toegther 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 458 Special Session, November 15, 1971 construction and kind of material to be used. 4. In each case the amount there- of which is estimated to be as- sessed against each lot, for the construction of the: John F. Ken- nedy Road Sanitary Sewer, from Spring Valley Road, North-East Side. 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 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 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 sanitation funds. The above resolution was intro. duced, approved and ordered Placed on file with the City Clerk this 11th day of October, 1971. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 15th day of November 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved final adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. (Ordering Construction) RESOLUTION NO. 330.71 BE IT RESOLVED BY THE (,TTY COUNCIL OF THE CITY OF DU. BUQUE that pursuant to a reso. lution of necessity No. 302-71 which was duly passed by this Council, for the construction of John F. Kennedy Road Sanitary Sewer from Spring Valley Road, North-East. Side be and the same are hereby ordered and construct- ed 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 privaataely owned property ly- ing 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 pro - Portion to the special benefits con- ferred, and any deficiency will be paid out of the general, improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of Sewer Bonds to be issued in anticipation of deferred 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 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 effect from Special Session, November 15, 1971 459 and after its passage and adoption by the City Council. Passed, adopted and approved this 15th day November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Couchman mowed adop- tion of the resolution. Seconded by Councilman Pregler, Carried by the following vote: Yeas — Mayor Couchman, Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 331-71 Accepting Delivery of Deeds for the Downtown Urban Re- newal Project, Iowa R•1S WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America entered into a Loan and Capital Grant Contract for the undertaking of the Downtown 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 TIIF 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 Re- newal Project, Iowa R-15, is here- by ratified and accepted by the City of Dubuque. GRANTOR PROPERTY DESCRIP. Ralph P. Renier and Helen Renier Deed dated October 20, 1971 Re- corded in Book 207, Page 216. The South One -Third of Lot 63 in the City of Dubuque, Iowa, ac- cording to the United Sates Com- missioners' Plat of the Survey of said Town. Section 2. That the recording of the respective deeds of convey- ance of title in the office of the Recorder in and for Dubuque Coun- ty, Iowa, is hereby ratified. Section 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Reso- lution in the Office of the Record. or in and for Dubuque County' Iowa. Passed, approved, and adopted this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 332.71 Approving the Fixed -Price Competition Method for Offer- ing certain land in the Down- town Urban Renewal Project, Iowa R-15, for Redevelopment by Private Developers 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, under date of May 18, 1967, the Council of the City of Dubuque, after a Public Hear- ing, duly adopted an Urban Re- newal Plan for said Project and which Urban Renewal Plan is on file in the Office of the Citv Clerk and is recorded in the Office of the Recorder of Dubuque County, Iowa, in Book 295 Mortgages, Pages 235 to 259; and WHEREAS, pursuant to said Ur- ban riban Renewal Plan and said Loan and Capital Grant Contract, the City of Dubuque has and is acquir- ing land, relocating site occupants, 4430 Special Session, November 15, 1971 removing structures and other im- provements, and constructing and reconstructing 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 a certain parcel 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 and as the ymay be revised as neces- sary to comply with the require- ments of the Department of Hous- ing 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 said 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 Re- newal 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 parcel set forth in the attached documents in accordance with the proposed di& posal procedure and all other ap- plicable 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 parcel of real estate, in the form of Exhibit "A" attached here. to and made a part hereof. Passed, approved and adopted this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk INVITATION FOR PROPOSALS The City of Dubuque, Iowa, in- vites proposals for the purchase and redevelopment of property in the Downtown Urban Renewal Project, Iowa R-15. The parcel of land available for sale is located on the Southwest corner of Ninth and Iowa Streets. The parcel is identified as follows: Parcel No. 7-4: Approximate Square Feet 5,463.29; Use Central Busi- ness District 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 10-13, 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 Avenue, Dubuque, Iowa, no later than 10:00 A.M. CST on December 10, 1971, at which time all bids will be publicly 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. 2 t. 11-19-26 Leo F. Frommelt, City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Special Session, November 15, 1971 461 Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, pregler. Nays — None. November 9, 1971 To the Honorable Mayor and City Council This is to advise, you that con- struction of contract Main Street Pedestrianway Phase I Electrical Contract and work incidental there- to in and for the City of Dubuque, Iowa has been completed in ac- cordance with plans, specifications and the contract by and between Westphal and Company, Inc. of Dubuque, Iowa and the City of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er. Pregler. Nays—None. FINAL ESTIMATE RESOLUTION NO. 333-71 WHEREAS, the contract for the MAIN STREET PEDESTRLkN- WAY, PHASE 1, SECTION 2, ELECTRICAL 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 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 $92,531.44. That NONE of the cost thereof shall be assessable upon private property and $92,531.44 shall be paid from the URBAN RENEWAL - ROAD USE TAX Funds of the City of Dubuque. Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldcnhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop. tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Y^as — Mayor Couchman, Coun- cilmen, Bitter, Meyers, Moldenhau- er, Pregler, Nays—None. (A Resolution Accepting Improve- ment) RESOLUTION NO. 334-71 WHEREAS, the contract for the construction of Main Street Pedes- trianway Phase 1, Section 2 Elec- trical Contract has been completed and the City Manager has examin- ed the work and filed his certifi- cate stating that the same has been completed according to the terms of the contract, plans and specifica. tions and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Urban Renewal - Road Use Tax Funds upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. November 15, 1971 Honorable Mayor and Members of City Council On March 8, 1971 Charles Mosh- er of Barton-Aschman Associates and representatives of the City 462 Special Session, November 15, 1971 Engineer's Office and Department of Urban Renewal presented to City Council in considerable detail the design concepts and plans for Phase II of Town Clock Plaza which represents that portion of the Main Street Pedestrianway ex- tending south from Town Clock Square to Fifth Street. The same material was present- ed the following day, March 9, to the Dubuque Planning and Zoning Commission, and a copy of their Resolution 71-2 determining that this improvement is an appropriate use both as to design and location is attached hereto for inclusion in the minutes of the City Council meeting of November 15. The Dubuque Advisory Commis- sion, the Business Development Committee of the Dubuque Area Chamber of Commerce and the Downtown Association also shared on March 9 in a special presenLa- tion of this downtown improve- ment item. Since March 8 an Amendatory Application for Loan and Capital Grant for the Downtown Urban Re- newal Project to secure additional funds to carry out this portion of Town Clock Plaza as well as addi- tional funds for certain other proj- ect activities has been prepared and submitted to the Federal gov- ernment. In turn the application has been reviewed and approved by the Department of Housing and Urban Development and a letter authorizing the City of Dubuque to incur expenses in conformity wit hthis approval is anticipated daily. A formal contract amend- ment can be expected prior to the end of the year. In order to facilitate an early spring start on this project, we request council's authority to for- mally proceed now with the ad- vertising for the work. It may be that some of the construction items can be undertaken during the win- ter months, and that items of a specialized nature can be ordered for immediate fabrication for early delivery and installation. The plans are substantially iden- tical to those reviewed last March, and now as then, the plans do not include the final treatment of the Main Street and Fifth Street area. This special design will be forth- coming when more is known about the proposed Five Flags Center project. This intersection is as im- portant as and comparable in scope to Fountain Square at Ninth Street. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Bitter moved ap- proval of the request. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 71-2 Reviewing the Proposed Main Street Pedestrianway in con- nection with the Downtown Urban Renewal Project, Iowa R-15 WHEii.EAS, under date of Febru- ary 4, 1970, the Planning and Zon- ing Commission of the City of Du- buque, Iowa, adopted Resolution No. 70-1 wherein it was found and determined that the Main Street Pedestrianway for the Downtown Urban Renewal Project, Iowa R-15, was an appropriate use both as to design and location; and WHEREAS, at the February 4, 1970, meeting the Planning and Zoning Commission of the City of Dubuque, Iowa, reviewed and com- mented upon the construction de- sign plan for that portion of the Main Street Pedestrianway, known as Phase I extending from 9th Street to a point approximately 54 feet south of 7th Street; and WHEREAS, there has been sub- mitted to the Planning and Zoning Commission of the City of Dubu- que, Iowa, a construction design plan for that portion of the Main Stree Pedestrianway known as Phase 11 extending from 5th Street to a point approximately 54 feet sout hof 7th Street; now therefore BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF DUBUQUE, IOWA: Section I. That based upon an analysis and review of the con- struction design plan, it is hereby found and determined that Phase I1 of the Main Street Pedestrian - way extending from 5th Street to a point approximately 54 feet south of 7th Street is in accordance with the findings of Resolution No. 70.1 adopted February 4, 1970. Special Session, November 15, 1971 4633 passed, approved and adopted this the 9th day of March, 1971. Richard P. Friedman Secretary pro tem Planning and Zoning Commission of the City of Dubuque, Iowa Councilman Pregler moved that the resolution be received and made a Couchman r Carried r of recod. Seconded by Mayoror the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 335-71 Preliminary approval of plans, specifications, form of contract and all other documents for the con• struction of TOWN CLOCK PLA. ZA-PHASE II, DOWNTOWN UR- BAN RENEWAL PROJECT IOWA R-15, SECTION 1 GENERAL CON- TRACT, in the area of the pro. posed right-of-way of Main Street from the south limit of construe. tion of MAIN STREET PEDES- TRIANWAY PHASE 1, to the north curb line of Fifth Street and also the proposed right-of-way of Sixth Street from east Locust Street to the west curb line of Iowa Street. A small segment of the sidewalk at Locust at Eighth and Locust at Seventh and Iowa Street and Eighth Street for pur- pose of constructing Directories (alternate) is also included, at an estimated cost of $312,625.00 pre- sented and read. Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays — None. (Necessity for Improvement) RESOLUTION NO. 336-71 WHEREAS, proposed plans, specifications, and form of con- tract have been duly prepared and approved by the ('ity 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 CLACK PLAZA—PHASE II DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 in the City of Dubuque, Iowa SECTION 1—GENERAL CONTRACT IN the area of the proposed right-of-way of Main Street from the south limit of construction of MAIN PEDESTRIANWAY PHASE I to the north curb of Fifth Street and also the proposed right-of-way of Sixth Street from east Locust Street to the west curb line of Iowa Street. A small segment of the sidewalk at Locust at Eighth and Locust at Seventh and Iowa Street and Eighth Street for pur- pose of constructing Directories (Alternate) is also included. 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 resolution have on file with the City Clerk, objections to the amount of the cost of the improve- ment, 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 improvement will be paid from such funds of the City as may legally be used for such purposes. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 15th day of November, 1971. Approved and placed on file for final action. APPROVED: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt, City Clerk 464 Spacial Session, November 15, 1971 Councilman Bitter moved ap- proval of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Fixing Date of Hearing) RESOLUTION NO. 337-71 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 TOWN CLOCK PLAZA—PHASE H 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 limit of construction of MAIN STREET PEDESTRIANWAY PHASE I to the north curb of Fifth Street and also the proposed right-of-way of Sixth Street from east Locust Street to the west curb line of Iowa Street. A small segment of the sidewalk at Locust at Eighth and Locust at Seventh and Iowa Street and Eighth Street for purpose of constructing Di- rectories (Alternate) is also includ- ed. BE IT THEREFORE RESOLVED that on the 17th day of January, 1972, a public hearing will be at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the propos- ed plans and specifications, form of contract and cost of said im- provement, and the City Clerk be and he is hereby directed to cause a notice of time and place of such hearing to be published in some newspaper published in the City of Dubuque, Iowa, which shall be not less than ten (10) days prior to the day fixed for its considera- tion, and the City Clerk be and he is hereby directed to have publish- ed the notice of pendency for said improvement, and the City Clerk is hereby directed to advertise for proposals to the contractors for the construction of the above men- tioned improvement. Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter ATTEST: Councilmen Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 338.71 Preliminary approval of plans, specifications, form of contract, plans and all other documents for the construction of TOWN CLOCK PLAZA PHASE II, DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15, SECTION II—ELEC- TRICAL CONTRACT, in the area of the proposed right-of-way of Main street from the south limit of construction of MAIN STREET PEDESTRIANIVAY PHASE 1 to the north curb line of Fifth Street and also the proposed right-of-way of Sixth Street from east Locust Street to the west curb line of Iowa Street. A small segment of the sidewalk at Locust at Eighth and Locust at Seventh and Iowa Street and Eighth Street for pur- pose of constructing Directories (Alternate) is also included, at an estimated amount. of $62,466.65, presented and read. Councilman Pregler moved ad- option of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Necessity for Improvement) RESOLUTION NO. 339-71 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: Special Session, November 15, 1971 4g5 (1) The plan of such improve- ment (2) An estimate of the cost of the improvement for the TOWN CLOCK PLAZA—PHASE II 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 limit of construction of MAIN STREET PEDESTRIANWAY PHASE I to the north curb line of Fifth Street and also the pro- posed right-of-wav of Sixth Street from east Locust Street to the west curb line of Iowa Streets. A small segment of the sidewalk at Locust at Eighth and Locust at Seventh and Iowa Street and Eighth Street for purpose of con- structing Directories (Alternate) is also included. 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 reso- lution 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 improvement will be paid from such funds of the City as may legally be used for such purposes. The above; resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 15th day of November, 1971. Approved and placed on file foi action. APPROVED: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauei Donald R. Meyers Joseph J. Bitter Councilmer ATTEST: Leo F. Frorrimelt, City Clerk Councilman Pregler moved ap- )roval of the resolution. Seconded )y Councilman Bitter Carried by the following vote: Yeas — Mayor Couchman, Coun- ilmen Bitter, Meyers, Moldenhau- ,r, Pregler. Nays—None. (Fixing Date of Hearing) RESOLUTION NO 340.71 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 TOWN CLOCK PLAZA—PHASE H DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 in the City of Dubuque, Iowa SECTION H — ELECTRICAL CONTRACT in the area of the proposed right- of-way of Main Street from the southlimit of construction of MAIN STREET PEDESTRIANWAY PHASE, I to the north curb line of Fifth Street and also the proposed right-of-way of Sixth Street from east Locust Street to the west curb line of Iowa Street. A small seg- ment of the sidewalk at Locust at Eighth and Locust at Seventh and Iowa Street and Eighth Street for purpose of constructing Directories (Alternate) is also included. BE IT THEREFORE RESOLVED that on the 17th day of January, 1972, a public hearing will be at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the pro- posed plans and specifications. form of contract and cost of said improvement, and the City Clerk be and he is hereby directed to cause a notice of time and place of such hearing to be published in some newspaper published in the City of Dubuque, Iowa, which shall be not less than ten (10) days prior to the day fixed for its considera- tion, and the City Clerk be and he is hereby directed to have pub- lished the notice of pendency for said improvement, and the City Clerk is hereby directed to adver- tise for proposals to the contract- 466 Special Session, November 15, 1971 ors for the construction of the above mentioned improvement. Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Pregler moved that the City Manager and City Solicit- or be directed to draw a document in support of the Five Flags Civic Center Concept. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 341.71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT John A. Schoen, 8th & Main Street Raphael W. Grant, 3050 Asbury Street Russell E. Myers, 1618 Central Av- enue Clara L. Johnson, 1543 Central Av- enue Richard J. Hantelmann, 902 Main Street Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. RESOLUTION NO. 342.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT John A. Schoen, 8th & Main Street Raphael W. Grant, 3050 Asbury Street Russell E. Myers, 1618 Central Av- enue Clara L. Johnson, 1543 Central Avenue Richard J. Hantelmann, 902 Main Street BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are hereby approved. Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Special Session, November 15, 1971 487 Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 343-71 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 granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROI, ACT—CHAPTER 123 --as amend- ed by the 67th General Assembly, 1967. CLASS "C" COMMERCIAL ESTABLISHMENT John A. Schoen, 8th & Main Street Clara L. Johnson, 1543 Central Av- enue Raphael W. Grant, 3050 Asbury Street Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Preeler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mavor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 34471 WHEREAS, applications for 1 iquor permits were filed by the within named applicants and they have, received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- ;OLVED by the City Council of r)ubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants s Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT John A. Schoen, 8th & Main Street Clara L. Johnson, 1543 Central Avenue Raphael W. Grant, 3050 Asbury Street Passed, adopted and approved this 15th day of November, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wavne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mavor Couchman. Carried by the following vote: Yeas — Mayor Mouchman, Coun- cilmen Bitter, Meyers, Moldenhau- or, Pregler. Nays—None. At 10:40 P.M. Councilman Preg- ler moved to go into executive session to discuss personalities. Seconded by Mayor Couchman. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. The Council reconvened in reg- ular session at 10:46 P.M. with an announcement that personalities were discussed as a result of the resignation of the Assistant City Solicitor. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Bitter. Carried by the following vote: yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Leo F. Frommelt City Clerk 4611 Special Session, November 15, 1971 Janunry 311972 Approved January 31, 1971 Special Session, November 22, 1971 489 CITY COUNCIL (OFFICIAL) Special Session, November 22, 1971. Council met at 7:30 P.M. (C.S.T.) Present — Councilmen Bitter, Meyers, Moldenhauer, Pregler. City Manager Gilbert D. Chavenelle. Absent—Mayor Couchman (out of City). Councilman Meyers moved that Councilman Pregler be elected Presiding Officer Pro Tem in the absence of Mayor Couchman. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas—Councilmen Bitter, Mey- ers, Moldenhauer, Pregler. Nays—None. Absent—Mayor Couchman. Presiding Officer Pro Tem Preg- ler read the call and stated that service thereof had been duly made and this meeting is called for the purpose to authorize the sale, issuance and delivery of proi- act notes in the aggregate amount of $1,588,000. and the execution of requisition agreement in con- nection with the Downtown Urban Renewal Project Iowa R-15, and acting upon such other business as may properly come before a regular meeting of the Council. Proof of Publication, certified to by the Publisher, of Notice of Sale of Project Notes in the amount of $1,588,000. (Fifth Series 1971) being issued to finance Urban Re- newal Project Iowa R-15, present- ed and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Council- man Bitter. Carried by the fol- lowing vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Mey- ers, Moldenhauer, Pregler. Nays—None. Absent—Mayor Couchman. RESOLUTION NO. 345.71 Avtheri:ing the sale, issuance and delivery of proiect notes in the aggregate principal amount Of $1,588,000 and the execution of Requisition Agreement No. 5.1971 in connection with the Downtown Urban Renewal Proi. Oct, Proiect No. Iowa R -1S 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 "Proj- ect"; and WHEREAS, pursuant to adver- tisement for the receipt of pro- posals for the purchase of the Fifth Series 1971 of Project Notes (herein sometimes called "New Project Notes") of the Local Is- suing Agency aggregating $1,588,- 000, which appeared in a Notice of Sale published on November 3, 1971, and November 10, 1971, in the Telegraph Herald in the City of Dubuque, Iowa, and in The Daily Bond Buyer in the City of New York, New York, proposals for the purchase of the New Proj- ect Notes in the form approved by the Local Issuing Agency were received, opened, and canvassed at the time and place mentioned in said advertisement, to wit: at Council Chambers, City Hall, 13th and Iowa in the City of Dubuque, Iowa 52001 at one o'clock P.M. E.S.T., on November 16, 1971, which proposals are as follows: Name of Bidder, The First Na- tional Bank of Chicago; Interest Rate, 2.64%; Principal Amount, $1,588,000; Premium, $91.00. Name of Bidder, The First Na- tional Bank of Boston, Lehman Bros., Inc.; Interest Rate, 2.65%; Principal Amount, $1,588,000; Pre- mium, $34.00. Name of Bidder, Bank of Amer- ica N.T. & S.A. Bankers 'frust Company; Interest Rate 2.66%; Principal Amount, $1,588,000; Pre- mium, $28.00• 470 Special Session, November 22, 1971 Name of Bidder, Morgan Guar- anty Trust Company of New York, Salamon Brothers; Interest Rate, 2.67%; Principal Amount, $1,588,- 000; Premium, $18.00. Name of Bidder, Continental Illinois National Bank and Trust Company of Chicago; Interest Rate. 2.71%; Principal Amount $1,588,- 000; Premium, $26.00. Name of Bidder, First National City Bank. Name of Bidder, The First Bos- ton Corporation. Name of Bidder, Mellon Nation- al Bank and Trust Company. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. The aforesaid publica- tion of the Notice of Sale and the form and contents thereof as so published are hereby, in all re- spects, approved, ratified and con- firmed. Section 2. In order to provide funds to pay expenses incurred or to be incurred in the development of the Project, or to refund, renew or extend its outstanding Notes issued in connection therewith, the Local Issuing Agency hereby de- termines to borrow the sum of One Million Five Hundred Eighty Eight Thousand Dollars (1,588,000) and issue its negotiable Project Notes therefor. Section 3. The Local Issuing Agency hereby ratifies and ap- proves the form of each proposal hereinafter in this Section 3 enu- merated for the purchase of the designated principal amount of Notes and determines that each such proposal offers to purchase such Notes at the lowest interest rate and is therefore accepted, and said Notes are hereby awarded to the purchaser, as follows: Principal Amount, $1,588,000; Interest Rate, 2.64%; Purchaser, The First National Bank of Chi- cago. Section 4. Each Note shall be dated December 14, 1971, shall be payable as to both principal and interest to bearer, on March 10, 1972, and, pursuant to each pro- posal for the purchase of said Notes hereinabove accepted, shall bear the rate of interest per an- num, payable at maturity; shall bear the numbers and be in the denominations; and shall be pay- able as to both principal and in. terest at the incorporated bank having trust powers or incorporat- ed trust company, as follows: Purchaser, The First National Bank of Chicago; Numbers, 1-5, 6-21, 22-32, 33, 34-36; Denomina. tions, $100,000, $50,000, $25,000, $10,000, $1,000; Interest Rate, 2.64%; Payable At, The First Na- tional Bank of Chicago. None of such Notes shall be valid until after the bank or trust com- pany at which it is payable shall have signed the agreement, ap- pearing on each Note, to act as paying agent thereof. Each such Note shall be executed in the name of the Local Issuing Agency by the manual or facsimile signa- ture of the Mayor and City Trea- surer 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 here- by authorized and directed to cause said Notes to be properly executed. Section 5. Each such Note shall be in substantially the form of HUD -9010, which is incorporated herein by reference, and shall be secured by an agreement entitled "Requisition Agreement No. 5- 1971" (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 Local Issuing Agency and the Gov- ernment. Section 6. The Requisition Agree- ment shall be executed in the name of the Local Issuing Agency by the manual or facsimile signa- ture of the Mayor of the Local Issuing Agency and shall have the corporate seal of the Local Issuing Agency and shall have ed or reproduced thereon and at- tested by the City Clerk, and said officers are hereby authorized and directed to cause the Requisition Agreement to be properly execut- ed. Section 7. For the punctual pay- ment of the principal of and in- terest on the New Project Notes, the Local Issuing Agency hereby expressly and irrevocably prom- Special Session, November 22, 1971 471 ises to pay any sums which may be received from the Government pursuant to the Requisition Agree- ment relating to such series of Project Notes and said Agreement, when executed by the Government, is hereby declared to be and is hereby assigned by the Local Is- suing Agency for the benefit of the holder or holders from time to time of the New Project Notes. All contributions, funds a n d amounts authorized or required by the Contract to be applied to the payment of Project Loan Notes (referred to in the Contract as "Project Temporary Loan Obliga- tions", "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 securities convert- ible 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 incorporat- ed herein by reference, and to transmit therewith (a) the New Project Notes for which the ad- dressee is the paying agent for delivery and payment and (b) a signature certificate and receipt, in accordance with the terms of said letter, and to take such other actions as may be required to com- plete the delivery transaction in accordance with the terms of the letter to the paying agent. Passed, approved, and adopted this 22nd day of November, 1971. Walter A. Pregler Presiding Officer Pro Tem Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter City Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Presiding Officer Pro Tem Progler, Councilmen Bitter, Mey. ers, Moldenhauer. Nays—None. Absent—Mayor Couchman. Presiding Officer Pro Tem Preg- ler moved suspension of the rules in order to let anyone present address the Council if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Mey- esr, Moldenhauer. Nays—None. Absent—Mayor Couchman. Attorney Hal Reynolds addressed the Council relative to an unpaid amount of $8000. due Healy Me- chanical Contractors Inc. for con- struction of Cedar Street Lift Sta- tion. Evidently there must be some misunderstanding as to payment of the balance with the Engineering Department. Mr. Reynolds has asked that it be resolved one way or another. Councilman Meyers moved that the matter be referred to the City Manager and Staff. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Mey- ers, Moldenhauer. Nays—None. Absent—Mayor Couchman. There being no further business Presiding Officer Pro Tem Pregler moved to adjourn. Seconded by Councilman Bitter. Carried by the following vote: Yeas—Presiding Officer Pro Tem Pregler, Councilmen Bitter, Mey- ers, Moldenhauer. Nays—None. Absent—Mayor Couchman. Leo Frommelt City Clerk 472 Special Session, November 22, 1971 Approved January 31 1972 Adopted January 31 1972 Special Session, November 24, 1971 473 CITY COUNCIL (OFFICIAL) Special Session, November 24, 1971. Council met at 5:00 P.M. (C.S.T.). Present — Councilmen Bitter, Meyers, Pregler. City Manager Gil- bert D. Chavenelle. Absent—Mayor Couchman, Coun- cilman Moldenauer (out of City). Councilman Pregler moved that Councilman Bitter be elected to serve as Presiding Officer Pro Tem in the absence of Mayor Couchman. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Councilmen Bitter, Mey- ers, Pregler. Nays—None. Absent—Mayor Couchman, Coun- cilman Moldenhauer. Presiding Officer Pro Tem Bit- ter read the call and stated that service thereof had been duly made and this meeting is called for the purpose of approving var- ious business licenses and acting upon such other business as may properly come before a regular meeting of the Council. RESOLUTION NO. 346.71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Gerald Kirchberg, (Transfer from 3165 Centra) Avenue effective Nov. 25, 1971), 3203 Jackson Street Thompson's Food Markets, Inc., 1256 Iowa Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 24th day of November, 1971. Joseph J. Bitter Presiding Officer Pro Tem Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop. tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Presiding Officer Pro Tem Bitter, Councilmen Meyers, Preg- ler. Nays—None. Absent—Mayor Couchman, Coun- cilman Moldenhauer. RESOLUTION NO. 347.71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Gerald Kirchberg, (Transfer from 3165 Central Avenue effective November 25, 1971), 3203 Jack- son Street CLASS "C" BEER PERMIT Thompson's Food Markets, Inc., 1256 Iowa Street Hartig Drug Company, 700 Mein Street, Town Clock Plaza Hartig Drug Company, 22nd & Cen- tral Avenue Hartig Drug Company, 2255 J. F. Kennedy Road Hartig Drug Company, 97 Locust Street Passed, adopted and approved this 24th day of November, 1971. Joseph J. Bitter Presiding Officer Pro Tem Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Presiding Officer Pro Tem Bitter, Councilman Meyers, Preg- ler. Nays—None. Absent --Mayor Couchman, Coun- cilman Moldenhauer. 474 Special Session, November 24, 1971 RESOLUTION NO. 348-71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Gerald Kirchberg, (Transfer from 3165 Central Avenue effective November 25, 1971) 3203 Jack- son Street CLASS "C" BEER PERMIT Thompson's Food Markets, Inc., 1256 Iowa Street Hartig Drug Company, 700 Main Street, Town Clock Plaza Hartig Drug Company, 22nd do Central Avenue Hartig Drug Company, 2255 J. F. Kennedy Road Hartig Drug Company, 97 Locust 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 24th day of November, 1971. Joseph J. Bitter Presiding Officer Pro Tem Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Presiding Officer Pro Tem Bitter, Councilmen Meyers, Preg- ler. Nays—None. Absent—Mayor Couchman, Coun- cilman Moldenhauer. RESOLUTION NO. 349.71 WHEREAS, applications for Liq- uor permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123 ---as amended by the 67th General Assembly, 1967. CLASS "C" COMMERCIAL ESTABLISHMENT Gerald Kirchberg, (Transfer from 3165 Central Avenue effective November 25, 1971), 3203 Jack- son Street Passed, adopted and approved this 24th day of November, 1971. Joseph J. Bitter Presiding Officer Pro Tem Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Presiding Officer Pro Tem Bitter, Councilmen Meyers, Preg- ler. Nays—None. Absent—Mayor Couchman, Coun- cilman Moldenhauer. RESOLUTION NO. 350-71 WHEREAS, applications for Liq- uor permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor permit. CLASS "C" COMMERCIAL ESTABLISHMENT Gerald Kirchberg, (Transfer from 3165 Central Avenue effective November 25, 1971), 3203 Jack- son Street Special Session, November 24, 1971 passed, adopted and approved this 24th day of November, 1971. Joseph J. Bitter Presiding Officer Pro Tem Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas ---Presiding Officer Pro Teem Bitter, Councilmen Meyers, Preg- ler. Nays—None. Absent—Mayor Couchman, Coun- cilman Moldenhauer. There being no further business Councilman Pregler moved to ad- journ. Seconded by Presiding Of- ficer Pro Tem Bitter. Carried by the following vote: Yeas—Presiding Officer Pro Tem Bitter, Councilmen Meyers, Preg- ler. Nays—None. Absent --Mayor Couchman, Coun- cilman Moldenhauer. Leo F. FroinMAt City Clerk Approved January 31 1972 Adopted January 31 1972 Regular Session, December 6, 1971 477 CITY COUNCIL OFFICIAL Regular Session, December 6, 1971. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Couchman, Councilmen Bitter, Meyers, Molden- hauer, Pregler. City Manager Gil- bert D. Chavenelle. Mayor Couchman 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. Communication of F u h r m a n Realty, advising that Rims Realty Inc., has retained them to sell their land and buildings adjoining City Hall property to the south at 1225 and 1246 Central Ave. known as the Trenkle property, suggesting a low-cost solution to a joint law en- forcement center need. presented and read. Councilman Pregler moved that the communication be referred to the Citizens Committee. Seconded by Mayor Couchman. car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldhauer. Pregler. Nays — None. Communication of Dubuque Ad- visory Commission recommending that the Citizens Committee for law Enforcement be assigned to also study the feasibility of Fuhrman's proposal to remodel two existing buildings into a law enforcement center due to time, also at the mo- ment the group is the most expert on the subject matter, and also the group is composed of both County and City representatives, presented and read. Councilman Pregler moved that the communication be referred to the Citizen's Commit- tee. Seconded by Mayor Couchman. Carried by the following vote: Yeas --- Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays -- None. Councilman Bitter moved that the rules be suspended in order, too let anyone present address the Council if they so desire. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler, Nays—None. Mr. Fuhrman addressed the Council relative to their proposal on the sale of property to the south of the City Hall suggesting the pos- sibility of multiple uses of the buildings for either additional of. fice space for the City or law uses. Mr. William Woodward suggested the sharing of feasibility costs. Communication of Attorney Hal Reynolds, representing Healy Me- chanical Contractors Inc., remind- ing the Council of an unpaid bal- ance still owing Healy Mechanical in the construction of the Cedar Street Lift Station, presented and read. Councilman Meyers moved that the communication be re- ceived and filed after the City Manager advised the Council that the matter is still under considera- tion. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays_ --None. Communication of Alfred E. Hughes, representing the Dubuque Packing Co., expressing a desire to purchase Lot 3 in River Front Sub. No. 4, south of Fengler street over- pass, containing 51,400 square feet at a price of $10,280. Councilman Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Attorney Alfred E. Hughes ad- dressed the Council relative to the proposed purchase of sale of the land for the Dubuque Packing Company. Communication of Mayors In- dustrial Committee recommending sale of Lot 3 of River Front Sub. No. 4 to the Dubuque Packingfoo,. 1.18 acres, at 20¢ psquare in the amount of $10,280., and submitting a binder check in the amount of $2000., presented and 478 Regular Session, December 6, 1971 read. Councilman Pregler moved that the communication be reflerr- ed to the City Manager for negotia- tion and proper proceedings. Se- conded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden hauer, Pregler. Nays — None. Communication of Low -Rent Housing Commission submitting minutes of their meeting of No- vember 16, 1971, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of U.S. Environ- mental Protection Agency advising that the City water supply has been selected nationally for certi- fication flor use on interstate car- riers, presented and read. Mayor Couchman moved that the com- munication be received and filed and referred to the Water Depart- ment. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. December 6, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed the re- commendation of the Dubuque Ad visory Commission that the Coun- cil adopt an Ordinance amending the Subdivision Regulations to re- quire dedication of park space in new subdivisions. The objective of this proposal would be to shift the responsibility of providing neighborhood park fa- cilities flrom being a general obli- gation of the community to the developer of land within the com- munity. Because of the jurisdiction of the Subdivision Regulations this could only apply to newly develop- ing areas within the community that are being platted, or in areas that are being redeveloped and replatted, subject to the provisions of the Subdivision Regulations. The concern about this type of regulation is its limitation in the older areas where large deficiencies exist at the present time, including relatively small school playgrounds, as compared with twelve acre sites that are usually purchased in the newly developing areas. In trying to remove this limitation, the Com mission considered the use of the Zoning Ordinance to meet, basical- ly, the same objectives and re- lating it to the creation of new housing units and the minimum land area necessary for each o those dwelling units. This method seems to make the effort more ge- nerally applicable throughout the community. At the first work session on the proposed Zoning Ordinance, held by the Commission and Council, jointly, this subject was discussed. Council members indicated general agreement with the Commission on this point. It is the opinion of the Commission that the best ad- vice tha. they can submit to the Council, at this time, is to conti- nue to develop the proposed Zon- ing Ordinance towards adoption and to handle open -space dedica- tion in the manner proposed by the Ordinance. I will be present at the meeting on December 6th to explain the Commission's recommendation in more detail. Respectfully submitted, City Planning and Zoning Commission Don Gilson City Planner Mayor Couchman moved that. the report be received and re- ferred back to the Manager for further discussion with the Com- mission and the Council. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Pregler moved that a target date of January 10, 1972 be set with the Planning & Zoning Commission. Seconded by Council- Regular Session, December 6, 19749 man Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. November 29, 1971 To the Honorable Mayor and City Council I am returning to you the letter of Mrs. E. M. Nicholson which you referred to the City Manager for report. As a report, I am enclosing John White's letter to the Council and a copy of his letter to Mrs. Nicholson. I believe that these letters explain the excavation per- mit charge made by the City. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Mrs. E. M. Nicholson, expressing thanks for assistance rendered relative to her complaint as to the excavation in the alley to the rear of 1633 Elm Street, by being responsive and helpful, presented and read. Coun cilman Pregler moved that the com- munication be received and filed. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. November 22, 1971 To the Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, City Auditor and Water Superintendent for the month of October 1971, also list of claims for October 1971, and Health Department for October. Respectfully, Gilbert 1). Chavenelle City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Meyers, Carried by the folowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of list of claims for month of October 1971, pre- sented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyer, Molden. hauer, Pregler. Nays—None, December 3, 1971 To the Honorable Mayor and City Council Several months ago you referred to your staff a petition for the im- provement of Cody Field at the end of Cody Drive. The land had been given to the City by the de- veloper Mr. Dick Henschel. The field has not been improved and, consequently, I report to you on the situation. 1. The field has been inspected by the staff and it is believed that the plot should not be developed because of the slope of the land and because it is located close to a school site. 2. We have met with Mr. Hen. schel and an arrangement has been discussed whereby Cody Field would be exchanged for other land. We have not yet selected the exchange pro- perty. 3. We have talked to the school superintendent and Mr. Hen- schel about the use of a por- tion of the school site as a play area. Their permission can be obtained. We could level and seed a plot for re- creation purposes. I will try to complete the pro- perty arrangements within the next week or so. I do not expect that the school site play area can be improved until next spring. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and 980 Regular Session, December 6, 1971 filed. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden hauer, Pregler. Nays — None. December 2, 1971 To the Honorable Mayor and Members of the City Council This is to advise that I have ap- proved the following policy and bond, and desire to have your ap- proval of same. COMPREHENSIVE LIABILITY Fondell & Sons, Inc., Hartford Ac- cident & Indemnity Co. T V LIABILITY BOND Dubuque TV -FM Cable Company, A Division of H & B Commurn cations Corporation, The Travel- ers Indemnity Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of filing of the policy and bond subject to approval of the City Attorney. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. December 3, 1971 To the Honorable Mayor and City Council I am returning to you the peti- tion of Richard Kelly and others requesting the improvement of street lighting on Bennett Street. The area has been inspected and it is recommended that the street lighting be adjusted as follows: 1. Replace fixture at intersection of North Algona and Bennett with 175 watt Mercury Vapor fixture. 2. Add new 175 watt Mercury Vapor fixture to existing pole on property line between 1991 and 1975 Bennett Street. 3. Relocate existing fixture on pole on property line between 1889 and 1879 Bennett Street and replace with a 175 watt Mercury Vapor fixture. 4. Replace fixture on property line between 1775 and 176 Bennett Street with a 175 watt Mercury Vapor fixture. Respectfully, Gilbert D. Chaveneile City Manager Mayor Couchman moved approv. a1 of the recommendation. Second - M by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. December 2, 1971 Hon. Mayor and City Council On December 8, 1971, Mrs. Al - vena Chalder filed claim against the City of Dubuque, Iowa claim- ing nijuries and damage suffered as the result of an alleged fall on 16th day of November, 1970 on the public sidewalk between 8th and 9th Streets on the east side of Bluff Street abutting the parking ramp on Bluff Street, and that as the re- sult of said fall the said Mrs. Chalder suffered sprained and bruises of both hands and scraped her nose and forehead and also a bad abrasion to the right knee and which abrasion to the right knee subsequently developed into neuro- dermotis and requiring further treatment and care over a pro- longed period of time; that she in- curred hospital bills at Iowa City in the amount of $107.00, she in- curred doctor bills in the amount of $93.00 and incurred bills total- ling $138.43 for medications, drugs and bandages and that, in addition thereto, she suffered loss of wages in the amount of $709.09; that the said Alvena Chadler through her attorney have made an offer of settlement in the amount of $2,000.00 and it is the recommends. tion of the City Attorney that said offer of settlement be accepted, and that the City Auditor be in- structed to draw warrant payable to Alvena Chalder and transmit the same to the City Attorney for de- livery upon receipt of duly exe- cuted releases. Photographs of the area in ques- tion are attached hereto for your information, and original claim hereto files is attached hereto. Respectfully submitted, R.N. Russo City Attorney Regular Session, December 6, 1971 481 Councilman Bitter moved approv- al of the recommendation. Second- ed by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Communication of City Attorney submitting a statement relative to the application of Mr. Huber and Mr. Meehan, for an easement to gain access to the Eagle Point Park Road and that while he had infor- mation about the possibility of ex- change of property in the area same never reached the level of an offer and further attention to this matter would be to no avail, pre- sented and read. Councilman Preg. ler moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Communication of City Attorney advising of a correction of a defec- tive condition of a sidewalk at W. 9th Street abutting American Bust & Savings Bank parking lot which resulted in a fall by Sr. Christine Boesch, of which the City Attorney was advised and presented same at the Council meeting of June 28, 1971, presented and read. Coun- cilman Bitter moved that the com- munication be received and filed. Seconded by Councilmen Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Naye—None. Notice of claim of Vernon Pau - ley, in the amount of $131.13 for car damage incurred as the re- sult of striking a protruding curb on the northeast side of English Lane on November 11, 1971, pre- sented and read. Councilman Pregler moved that the notice of claim be referred to the City Soli- citor for investigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Notice of claim of Greg Stephen Hutchinson in the amount of $13.70 for car damage received in leaving the Locust Street parking ramp on November 18, 1971, 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 Meyers. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer. Pregler. Nays—None. Notice of Claim of Linda Rae Doser of Dickeyville, Wis. in the amount of $109.75 for personal in- juries received in a fall on the steps in the 8th Street Parking Ramp on September 27, 1971, pre- sented and read. Councilman Preg- ler moved that the notice of claim be referred to the City Solicitor for investigation and report. Se- conded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Notice of Claim of Shirley A. Lang, in the amount of $88.95, for car damage incurred while driving over E. 7th Street railroad cross Ing on November 12, 1971, pre- sented and read. Councilman Preg- ler moved that the notice of claim be referred to the City Solicitor for investigation and report. Se- conded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Notice of Claim of Oscar G. Huebsch, in the amount of $148.00 for personal property loss and la- bor incurred as the result of a sanitary sewer back-up on Novem- ber 23, 1971, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Meyers. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. 482 Regular Session, December 6, 1971 Notice of Claim of Mrs. Jo- seph Hager of Bellevue, Iowa, in an undetermined amount, for per- sonal injuries received in a fall on a defective sidewalk on W. 16th Street between Central and Iowa on November 13, 1971, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ORDINANCE NO. 61.71 AN ORDINANCE PROHIBITING UNFAIR PRACTICES AS TO ACCOMODATIONS OR SERVICES, PROHIBITING UNFAIR EM- PLOYMENT PRACTICES, PRO- HIBITING UNFAIR HOUSING PRACTICES AND PROHIBITING THAT AIDING OR ABETTING OF SUCH UNFAIR PRACTICES, presented and read. Dr. Virgil Cruz, Pat Dillon, Mrs. Jane Jamison, Al Moran and Rose Maruyama all spoke in favor the proposed ordinance. Mr. Joseph Williams of 220 Cardiff St. raised a question as to secrecy of meet- ings. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Meyers moved that the rule requiring reading of an Ordinance on three separate days be waived. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ORDINANCE NO. 61-71 AN ORDINANCE PROHIBITING UN- FAIR PRACTICES AS TO ACCOM- MODATIONS OR SERVICES, PRO- HIBITING UNFAIR EMPLOYMENT PRACTICES, PROHIBITNG UNFAIR HOUSING PRACTICES AND PRO- HIBITING THE AIDING OR ABET. TING OF SUCH UNFAIR PRACTICES NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Article 1 section 100. Definitions. When used In this Ordinance, unless the context otherwise requires: 1. "Court^ means the district court in and for the Judicial district of the state of lowe in which the alleged un- fair or discriminatory practice oc- curred or any fudge of said court If the court is not In session at that time. 2. "Person" means one or more In- dividuals, Partnerships, associations, corporations, legal representatives, trustees, receivers, and the state of Iowa and all Po'itical subdivisions and agencies thereof. 3. "Employment agency" means any person undertaking to procure employees or opportunities to work for any other Person or any person ho'ding himself or Itself to be equip- ped to do so. A. "Labor Organization" means any organization which exists for the Pur- pose in who'e or In part of collective bargaining, of dealing with employers concerning grievances, terms, or Con- dationsof employment, or of other mutual aid or protection In connec- tion with employment. 5. "Employer" means the state of Iowa or any Political subdivision, board, commission, department, in- stitution, or school district thereof, and every other person employing employees within the state. 6. "Employee" means any person employed by an employer. 7. ,Unfair Practice" or "discrimi. natory practice" means those Prac- ticesspecified as unfair or dis- criminatory in sections 201, 202, and 203. 8. "Commission" means the Du- buque Human Rights Commission created by this Ordinance. 9. "Commissioner" means a mem- ber of the Commission. 10. "Public accommodation" means each and every Place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods to the general Pubic for a fee or charge, Provided that any place, establishment, or facility that caters or offers services, facilities, or goods to the general Public gratuitously shall be deemed a Public accommodation if the accom- modation receivesany substantial governmental sup Po rt or subsidy. Public accommodation shall not mean any bona fide Private club or other place, establishment, or facility which Is by its nature distinctly Pri- vate, except when such distinctly private Place, establishment, or facili- ty caters or otters services, fault - ties, or goods to the general Public for fee or charge or pr,tuitously, It shall be deemed a public accommoda- tion during such Period. Section 101. Human Rights Com- mission. The Dubuque Human Rights Commission shall consist of nine members, appointed by the Mayor with the advice and consent of the City Council. Three of the first ap- pointees, having been appointed to serve until January 1, 1970, three having been appointed to serve until January 1, 1971, and three shall serve until January 1, 1972. Subsequent ap- pointees shall serve for a term of three Yeam and thereafter until a suc. cessor has been appointed. Vacancies shall be filled for the remainder of the unexpired term. Appointments shall take into consideration the vari- ous racial, religious, cultural and social groups in the city Section 102. The members of the Commission shall serve without com- pen-ation; provided that they may receive reimbursement for necessary travel, and other expenses while on official commission business, and such shall be within the limits estab- lished In the city budget. Section 103. Election of Officers. The Commission shall elect from Its own membership at Its regular Janu- ary meeting Its chairman and vice- oneivear. each shallsatvItsfregularterm Janf uary meeting elect a secretary, who may be, but need not be, a member of the Cornmission. The Commissiun shall fill eeair Itr forr thermndeofthunexpiiired term. Section 104. Meetings, rules, quor- urn. Regular Session, December 6, 1971 483 1. The Commission shall hold at least one regular meeting during each co Ibe deterrmitned byaItsi rules. place 2. The chairman, the vice-chairman, or any three members of the Com- mission gealpalmeeting reay by giving least one(1)cled notice to every member of the Com- ingsshall Includellanoagenda, and cial only matters included in thal agenda may be discussed at the meeting. 3. A quorum of the Commission shall be five members. A majority of the members present and voting shall be necessary for the passage of any motion. The chairman shall vote as a member of the Commission. 4. The Commission may adopt, amend, or rescind such rules as may be necessary for the conduct of Its business. Section 105. Public Meetings and Records; exceptions. 1.All meetings of the Commission shall be Public meetings except: a. The Commission may hold a closed meeting by affirmative vote of two-thirds (2h) of its members present, the votes on such motion being recorded In the minutes by Yeas and nays, when necessary to Pre- vent irreparable and need ess Injury to the reputation of an individual whose employment or discharge is under consider- ation, or for some other ex- ceptional reason so compelling as to override the general public policy in favor of Pub- lic meetings, but any motion decided In such session shall be voted on Dv Yeas and nays and shall be recorded In the minutes; and b. The Commission shall hold a closed session for considera- tion of any charge or com- plaint, as provided In Article Three of this ordinance, and for deliberation in connection with a Public hearing held pursuant to complain filed by the Commission. 2. All records of the Commission shall be_ public except:,_,___ and other documents or rec- ords obtained In Investigation of any charges shall be closed records; and It. The minutes of any session which is closed under the (b)vofl this ordinance shon ell (be closed records. 3. No member of the Commission or of Its staff shall disclose the filing during charge, the or gathered to eliminate such disaimina- tory or unfair practice by conference, conciliation, or persuasion, unless such disclosure is made in connec- tion with the conduct of such Investi- gation a Pub cerhearrincommission ouP n aoncoas m- plaint filed In connection with such charge. This section does not Pre- vent any complainant, witness, or oth- er person from publicizing the filing of a charge or complaint or the mat- ter therein complained of. Section 1". Power of Commission. The Commission shall have the follow- ing Powers and duties: 1. To receive, Investilate, and Pass upon charges or complaints alleging provided in idiscriminatory, hrepractices, this ordinance. 2 To Investigate and study the ex- Istence character, causes, and ex. tent oii discrimination In_public ac 3. To appoint a ties of a director tots and other e as the CommissN sary for the enh dlnance, subiect tions. 4. To hold hearings upon any com- Plaint made against a person, an ani. PlOyer, an employment agency, or a labor organization, or the employees or members thereof, a supoena wit- nesses and compel their attendance at such hearings, to administer oaths and take the testimony of any Person under oath, and to compel such Per- son, employer, employment agency, or labor organization, or employees or members ereof to produce for ex- amination any books and Papers re- lating to any matter Involved In such complaint. The Commission shall Is- sue subpoenas for witnesses in the same manner and for the same Pur- pose on behalf of the respondent upon his request. Such hearings may be held by the Commission, by any Com- missloner, or by any hearing exam- Iner appointed by the Commission. If a witness e!ther fails or refuses to obey a subpoena Issued by the com- mission, the Commission may Petition the district court having jurisdiction for Issuance of a subpoena and the court shall in a proper case Issue the subpoena Refusal to obey such sub- poena shall be subject to punishment for contempt. 5. To Issue such Publication and reports of investiitatlons and research as In the judgment of the Commission shall tend to Promote good will among the various racial, religious, and eth- nic groups of the city and which shall tend to minimize or eliminate dis- crimination in Public accommodations, employment, apprenticeship and on - the -lob training programs, vocational schools, or housing because of race, creed, color, sex, national origin, re- ligion, or ancestry. 6. To Prepare and transmit to the Mayor and City Council from time to time, but not less often than once each Year, reports describing Its proceedings, investigations, hearings conducted and the outcome there of, decisions rendered, and the other work Performed by the Commission. 7. To make recommendations to the City Council for such further legisla- tion concerning discrimination because of race, creed, color, sex, national origin, religion, or ancestry as It may deem necessary and desirable. 8. To co-operate, within the limits of any appropriations made for its oper- nl- iations, both other publicc ander private, whose purposes are consistent with those of this ordinance, and In the planning and conducting of programs designed to eliminate racial, re,iglous, cultural and Intergroup tensions. 9 To adopt, publish, amend, and re- necessarryufori the enforctementwith of this ordinance. ASectionw20t nfUnfairacPractiicces-AC commodations or Services. 1. it shall be an unfair or dlscrlm- inatory practice for any owner, les- see, sublessee, superintendent Pof panto public aaecomr, modation or any agent or employee thereof: a. becrefuse use 6 of or ace, creed,ycolo , tenooalsrhnational advan- tages, faculties, services, or foriviliaes thereof, or otherwise discriminate against any Per- son because of race, creed, COI - or, sex, in the) furinishing of rsuch accommodations, advantages, fa- cilities, services Or privileges. b'isityenvi te or nanothermanern- toEprsstoatthe rrnadOf persons fany Pa- tcular race, creed, color, sex, national origin, or religion Is aeeePab e I or objectionable, esotlicited- not 2.a Any bona fide) not religious insti- tution with respect to any quali- fications the institution may Im- pose based On religion when such bnfifnrelated to religiouspur- pose. b. The rental or leasing to transt- rootmadwtthinsa ;single thousing accommodation if the OCCOPan 484 Regular Session, December 6, 1971 or owner or members of his family reside therein. Section 202. Unfair employment Practices 1. It shall be an unfair or discrimin- atory Practice for any: a. Person to refuse to hire, accept, register, classify, or refer for employment, to discharge anv employee, or to otherwise dis- criminate In employment against any appllcatant for employment or any employee because of the race, creed, color, sex, national origin, or religion of such ap. Clicant or employee, unless based upon the nature of the occupation. b. Labor organizations or the em- ployees, agents, or members thereof to refuse to admit to membership any applicant, to expel any member, or to other- wise discriminate against any applicant for membership or any member In the privileges, rights, or benefits of such mem. bership because of the race, creed, color, sex, national prig, In, or religion of such applicant or member. C. Employer, employment agency, labor organization, or the em- ployees, agents, or members thereof to directly or Indirectly advertise or in any other man- ner indicate or publicize that Individuals of any Particular race, creed, color, sex, national origin, or religion are unwel- come oblectionable, not ac- ceptable, or not solicited for am- ployment or membership unless based upon the nature of the occupation. 2. This section shall not apply to: a. Any employer who regular;y employs less than four Indi- viduals. For Purposes of this subsection, Individuals who are members of the employer's fam- ily shall not be counted as em- ployees. b. The employment of Individuals for work within the home of the employer if the employer or members of his family reside therein during such employment. c. The employment of individuals to render Personal service to the person of the employer or members of his family. d. Any bona fide religious insti- tution with respect to any quali. ficatlons for employment based onreligion when such qualifi- cations are related to a bona fide religious purpose Section 207. Unfair or Discrimina- tory Practices Relating to Housing. It shall be an unfair or discrimin- atory practice for any owner, or Per- son acting for an owner, of rights to housing or real property, with or without compensation, including but not limited to persons licensed as real estate brckers or salesmen, at- torneys, auctioneers, agents or rep- resentatives by power of attorney or appointment, or any Person acting un- der court order, deed of trust, or will: 1. To refuse to sell, rent, lease, as- sign, or sublease any real Prop. erty or housing accommodation or ppart, portion or Interest therein, to any person because of the race, color, creed, religion, or national or19In of such Person. 2. To discriminate against any Per- son because of his race, color, creed, religion, or national oriQin, In the terms, conditions or privil- eges of the sale, rental, lease as- signment or sublease of any real pproperty or housing accommoda- tlon or any part, portion or inter- est therein. 3. To directly or Indirectly adver- tise, or in any other manner In. dicate or publicize that the Pur- chase, rental, lease assignment, or sublease of any real Property or housing accommodation or any ppaart, portion or interest therein, by Persons of any Particular race, color, creed, reilgion, or national origin is unwe come, oblectlon- able, not acceptable or not sollcit- ed. EXCEPTIONS. The provision of Sec- tion 1. nY 1 shall not apply to: bona fide religious Institution w th respect to any qualifications it may impose based on religion, when such qua,ificatlons are re- lated to a bona fide religious purpose. 2. The rental or leasing of a housing accommcdation in a building which contains housing accommo- dation for not more than two fam- ilies living Independently of each other, if the owner or members of his family reside in one of such housing accommodations. 3. The rental or leasing of less than six rooms within asingle housing accommodation by the occupant or owner of such housing accom- modation, if he or members of his family reside therein. Section 204. AIDING OR ABET- TING. It shall be an unfair or dis- criminatory practice for: 1. AnyPerson to Intentionally aid, abet, compel, or coerce another Person to engage In any of the Practices declared unfair or dis- criminatory by this ordinance. 2. A n Y person to discriminate against another Person In any of the rights protected against dis- crimination on the basis of race, creed, color sex, national origin, or religion by this ordinance be- cause such person has lawfully opposed any Practice forbidden under this ordinance, obeys the provisions of this ordinance, or has filed a complaint, testified, or assisted in any proceeding under this ordinance. Article Three. Enforcement. Section 701. Complaint—Hearing. 1. Any Person claiming to be ag- grieved by a discriminatory or unfair practice within this city may, by himself or his attorney, make, sign, and file with the Commission a verified, written complaint In triplicate which shall state the name and address of the Person, emp.oyer, employment agency, or labor organization al- leged to have committed the dis. criminatory or unfair Practice of which complained, shall set forth the Particu,ars thereof, and shall contain such other Information as may be required by the Commis- sion. The Commission, a commis- sioner, or the City Attorney may In like manner make, sign, and file such complaint. 2. Any place of public accommoda- tion, employer, labor organization, or other Person who has any em- ployees or members who refuse or threaten to refuse to comply with the provisions of this ordinance may file with the Commission a verified written complaint In tri- plicate asking the Commission for assistance to obtain their compli- ance by conciliation or other re- medial action. 3. After the filing of a verified com- plaint, a true copy thereof shall be served by certified U S. mail to the Person against whom the complaint is filed. Then a com- missioner or du,y authorized mem- ber of the Commission's staff shall make a Prompt Investigation thereof and it such nvestlgating official shall determine that prob- ab,e cause exists for crediting the allegations of the complaint, the Investlpating official shall Im- mmediately endeavor to elimin- ate such discriminatory or unfair Practice by conference, concllia- tion, and persuasion. A. In case of failure to satisfactor. ily settle a complaint by confer. ence, conciliation and Persuasion, or In advance thereof, If in the opinion of the investigating official circumstances so warrant, the offi. cial may issue and cause to be served a written notice together with a copy of such complaint, as the same may have amended, re- quiring the person, employer, em- ployment agency, or labor organi- zation named in such complaint, hereafter referred to as respon- dent to answer the charges of such complaint In writing within ten days after the date of such notice Regular Session, December 6, 1971 485 or within such extended time as the investigating official shall a6 low. Such notice shall be served by certified U.S.. mail. j. When the Is satisfied thaty furthernendeavorofficl to settle a complaint by conference, conciliation, and persuasion shall be futile, the official shall report the same to the Commission. If the Commission determines that the circumstances warrant, It shall issue and cause to be served a written notice requiring the respondent to answer the charges of such complaint at a hearing before the Commission, a commis- sioner, or such other Person desig- nated by the Commission to con- duct the hearing, hereafter refer, red to as hearing examiner, and at a time and place to be spec, tied in such notice. 6. The case in support of Such corn- plaini shall be presented at the hearing by one of the Commis- sion's attorneys or agents. The investigating official shall not participaI. in the hearing except as o witness or shall he Partici pate in the deliberations of the Commission In such case. 7. The respondent may file a written verified answer to the complaint, and may appear at the hearing In person, with or without counsel, and submit testimony. In the dis. cretion of the hearing examiner, complainant 10 inerveneand Present t allowed mono in person or by counsel. fl. answers ar complaint has at failed dring as provided by this section the Commission may enter his default. For good reason shown, the Com- mission may set aside an entry of defadateult of Suchlnten entry.difys atr the thetrespon- dent is in default, the Commission may proceed to hear testimony adduced upon behalf of the com- piainant. After hearing such testi. mony, the Commission may enter such order as In its opinion the evidence warrants. 9. The Commission or the complain- ant shall have the power to rea- sonab.y and fairly amend env complaint and the respondent shall have answer,k iat any time ower opr prior to end s to hear Ing. 10. The Commission shall not be bound by the St rict rules of evi- dence prevailing n courts of law or ejuity but the right of cross - exam nation shall be preserved. Complainant shall bear the burden of proving the allegations in his complaint. The testimony taken at a hearing shall be under oath re- ported, and, if ordered by the &m - mission, transcribed. 11. lll theevidence atta hearingration , the Commission shall find that a re- spondent has engaged In or is en gaging in, any discriminatory or unfair practice as defined in this ordnance, the Commission shall state Its findings Of fact and shall Issue and cause to be served upon such respondent an order requiring such respondent to cease and de• slst from such discriminatory or unfair practice and to take such affirmative action, including, but menti ore uPgoOdinp inofl employee with or without back Pay, the re- ferring of applicants for emPIOV- ment by env respundent employ - Mont agency, to membershipdabyeany respondent labor organization, the enrollment t in or continuation o apprenticeship program, on.the-lub training pro. gram, the posting of notices, and the the manner of comp comp of lanes as Ias n the judgment of the Commission shall effectuate the Purposes of this ordinance. 12if 'allofptheleviidenceinto atconsideration aring, the Commission shall find that a respondent has not engaged in any such discriminatory or unfair prac- flsooidrlllsate nndingfactanshalisu* and cause to be served an order on the comn,ainant and the respondent dismissing the complaint. 13. The Commission shalt establish rules to govern, expedite, and ef- feclunte the procedures established by this ordinance and its own ac. tions thereunder. 14. Any complaint filed under this ordinance shall be so filed within ninety days after the alleged dis• criminatory or unfair practice oc- curred. Section 301. Notice to Iowa State Civil Rights Commission. 1. The Secretary of the Commission shat; immediately notify the Iowa State Civil R',ghts Commission In writing of the filing of a charge under this ordinance by forward - Ing a copy of the charge, and shall provide such other and further information thereor as from time to time the Commission deem Proper. 2. Whenever this ordinance requires the Commission or Its secretary to notify the Iowa State Civil Rights Commission of any matter, it shall be the duty of the secretary of the Commission to transmit such no. tice or information in writing within five (5) days of the event giving rise to the duty to give notice or information. Section 303. Suit to enforce. The Commission maywithin two (2) years after the entry of any order under 301 of this ordinance, direct the City At- torney to bring a suit In the district court of this county (or in any other court which may have Jurisdiction overthe party charged), for an It, iuncI ion to compel obedience at its order. Section 304. Sex Provisions Not AP- plicab,e to Retirement Plans The Provision of this ordinance re* Jailing to discrimination because of sex shall not be construed to apply to any retirement plan or benefit system of any employer unless such plan or system is a mere subterfuge adopted for the purpose of evading the Pro- visions of this ordinance. Section 305. Provisional remedies. If, any time after the filing of a Com- plaint, it shall appear to the Commis- sion that there is reason to believe that the party charged has violated this ordinance and there is reason 10 bedeve that the Person charged is about to commit acts which would make impossible his compliance with an order of the Commission to allevi- ate the grievance, the Commission may direct, its attorney to seek a temporary injunction restraining the Party charged from doing these acts pending completion of the proceedings under this ordinance. If the COmmis- Sion seeks and obtains such a tem- porary iniuncilon, the person charged may require the Commission to com- plete action on the case within seven (7) days or such longer period as he Shall specify. Article Four. General Provision. Section 401. Repealer. All ordinances or parts of ordinances In conflict with the provisions 0f this ordinance are ed and aproveO on mu,u, , .,_ and the same is hereby repeated. Section 401. Short Title. This ordi- nance may be. cited as the "Dubuque Human Rights Ordinance." Section 403. Effective Date This or- dinance shall be in effect after Its final passage, approval and publica- tion, as provided by law. 6th 0fe Passed a proved a 1971, Gaylord adopted this 6t Gayord M. Couchman Mayor Welter A. Pregler Wayne A, nReeshauer Donald Meyers Jos Councilmiener ATTEST* Leo F. Frommelt City Clerk Published officially In The Telegraph - Published officially Newspaper this 10th day of December, 19Leo F Frommer City Clerk. 1t. 12/10 486 Regular Session. December 6. 1971 Councilman Meyers moved final adoption of the Ordinance. Se- conded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilman Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Dubuque Ass'n of the Blind requesting permission to conduct their annual candy sale during February and March of 1972, also requesting the Mayor to issue a proclamation that February be designated as the Dubuque As- sociation of the Blind month, pre- sented and read. Mayor Couchman moved approval of the petition and referred same to the City Manager for implementation. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Peoples Natural Gas requesting permission to excavate at 1465 Sycamore Street to shut off leaking service line, presented and read. Councilman Bitter moved ap- proval of the petition. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of U.S. Navy Recruiting Branch Station requesting permis- sion to conduct an asembly, plus permission to block off vehicular traffic on 6th Street from the al- ley between Locust and Main to Main from 10:00 A.M. to 11:00 A.M. on December 22, 1971, at 225 W. 6th Street in recognition of open- ing new quarters, presented and read. Councilman Pregler moved approval of the petition to be re- ferred to the City Manager. Se- conded by Councilman Molden- haeur. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays None. Petition of Oscar Lundgren and James A. Wallace requesting per mission to address the Council tc change ordinance permitting high rise apartment construction in ur ban renewal, also to question Rev. Rhomberg and Gent Wittenberg on their operations. also to public departments and commissions in. cluding boards, presented and read. Councilman Pregler moved that the communication be re- ceived and filed and referred to the meeting of December 20th. Seconded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays — None. Petition of Florence Herhurger requesting a $50. refund on the unexpired portion of cigarette li- cense No. 194, as she has discon- tinued business on 11-15.71, pre- sented and read. Councilman Me- yers moved that the refund be granted and the Auditor instruct- ed to issue proper warrant. So- conded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Loras F. Schiltz re- questing a $50. refund on the un- expired portion of cigarette license No. 294, as he has discontinued business on 11-24-71, presented and read. Councilmen Meyers moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Attorney Arnold J. VanEtten, representing Andrew & Gust Karigan, requesting deposit refund for proposed land purchase in the Urban Renewal area, said proposed sale was not carried out, and after five months have elapsed no refund or explanation has been made by Urban Renewal, present- ed and read. Councilman Bitter moved that the communication be received and filed and referred to the Council meeting of December 20th. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Regular Session, December 6, 1971 487 RESOLUTION No. 351.71 Resolution forTransfer of Dead Fundi WHEREAS, there is now in the hands of the treasurer the sum of $12,555.59, credited to the J.F.K. Fire Station fund, and WHEREAS, said sum of money was raised for the purpose of Fire Station Construction, and WHEREAS, the purpose for which said sum of money was raised has ceased to exist, NOW, THEREFORE, be it re- solved by the City Council of Du. buque County, Iowa, that the said sum of $12,555.59 be and the same is hereby transferred from the J.F.K. Fire Station fund to the Fire Equipment fund and the City Auditor is directed to correct his books accordingly and to notify the treasurer of this transfer, ac- companying the notification with a copy of this resolution and the record of its adoption. (Presiding Officer( Gaylord M. Couchman, Mayor. (Secretarial Officer) Leo F. From - melt, City Clerk. The above and foregoing resolu- tion was adopted by the City Coun- cil of Dubuque, Dubuque County, Iowa, at a regular meeting of the same on the 6th day of December A.D. 1971 The vote thereon being as follows: Ayes — Gaylord M. Couchman, Mayor, Joseph J. Bitter, Donald R. Meyers, Wayne A. Moldenhauer, Water A. Pregler, Councilmen. Nays—None. Presiding Officer) Gaylord M. Couchman, Mayor. (Secretarial Officer) Leo F. Frommelt, City Clerk. Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, hauer, Pregler. Nays — None. RESOLUTION No. 352-71 RESOLUTION AND APPLICATION FOR APPROVAL OF THE PERMANENT TRANS- FER OF FUNDS WHEREAS, there is now in the hands of the treasurer the sum 01 13.280.00, credited to the GENE iAL (Land Sales) fund, and WHEREAS, it is desired to trans- fer $3,280.00 from the GENERAL 'Land Sales) Fund to the PROJECT EXPENDITURES (Urban Renewal) Iowa R-15 Fund, for the following reasons: Cash payment due to the Project. and WHEREAS, said transfer is to be permanent in accordance with Section 24.22, Code of Iowa; and WHEREAS, there is sufficient money in the GENERAL (Land Sales) fund to meet all demands thereon, and WHEREAS, all laws relating to municipalities have been complied with, NOW THEREFORE, be it re- solved by the City Council of Du- buque County, Iowa, subject to the approval of the State Comptroller, that said sum of $3,280.00 be, and the same is hereby transferred from the GENERAL (Land Sales) funds to the PROJECT EXPENDI- TURES (Urban Renewal) Iowa Rr 15 fund, and the Auditor (Secre- tarial officer) is directed to correct his books accordingly and to noti- fy the treasurer of this transfer, accompanying the notification with a copy of this resolution and the record of its adoption. The vote thereon was as follows: Ayes — Gaylord M. Couchman, Mayor, Joseph J. Bitter, Donald R. Meyers, Wayne A. Moldenhauer, Walter A. Pregler, Councilmen. Nays—None. Gaylord M. Couchman (Presiding officer) Leo F. Frommelt (Secretarial officer) I hereby certify the above to be a true and correct copy of resolu- tion passed by the City Council on the 6th day of December, A.D. 1971. Leo F. Frommelt (Secretarial officer) APPROVAL The above application and re- solution having been filed with the State Appeal Board, the trans- fer requested is approved this 9 day of December, 1971. Mayor Couchman moved adop- tion of the resolution. Seconded by 498 Regular Session, December 6. 1971 Councilman Pregler. Carried by the following vote. Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of Board of Dock Commissioners submitting a resolu- tion honoring Vincent J. Kaiser as a member of the Board, recently resigned, and requesting a similar resolution from the City Council, presented and read. Councilman Pregler moved that the communica. tion be recevied and filed and re- ferred to the City Solicitor. Second- ed by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays— None. DOCK BOARD RESOLUTION NO. 11-24-71 WHEREAS, Vincent J. Kaiser has been a member of the Dock Commission in and for the City of Dubuque, Iowa since the 10th day of February, 1964; and WHEREAS, said Vincent J. Kaiser has devoted his time and given unstintingly of his energies in the development of the river front of the City of Dubuque for industrial, commerical and recrea- tional purposes; and WHEREAS, the said Vincent J. Kaiser by his acts and deeds as a Dock Commissioner has rendered services to the City of Dubuque and its inhabitants in acoerdance with the highest standards and de- gree of public service; and WHEREAS, by reason of the private affairs of the said Vincent J. Kaiser, he found it necessary to resign from said Dock Commis- sion. NOW THEREFORE BE IT RE. SOLVED BY THE BOARD OF DOCK COMMISSIONERS OF THE CITY OF DUBUQUE, IOWA: Section 1. That the resignation of Vincent J. Kaiser from his office of Commisssioner of the Board of Dock Commissioners in and for the City of Dubuque, Iowa should be marked and be observed by the adoption of this Resolution as e distinct honor and a vote of esteen from his fellow Commissioners, a: well as being an expression of hanks for his valued services. Section 2. That this Resolution ie made a part of the permanent •ecords of the Dock Commission of :he City of Dubuque, Iowa and that i copy of this Resolution be trans- mitted to the City Council of the City of Dubuque, Iowa with a re- quest that same be entered upon the permanent records of the City of Dubuque, Iowa. Passed, approved and adopted this 24 day of November, 1971. Joe R. Voelker Chairman F. J. Schreiber Commissioners Attest: F. J. Schreiber Councilman Pregler moved that the resolution be received and filed and made a matter of record. Sec- onded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION No. 353.71 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 undertak- ing of the Downtown Urban Re- newal 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 Rr 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 following described parcel of real estate in the Downtown Urban Re- newal Project, Iowa R-15, is here- by ratified and accepted by the City of Dubuque. Regular Session, December 6, 1971 489 Grantor, Philip R. Renier and Betty Renier, Deed dated October 9, 1971, Recored in Book 207, Page 241. Property Description, The South One -Third of Lot 63 in the City of Dubuque, Iowa, according to the United States Commissioners' Plat of the Survey of said Town. (Parcel 12-11). Section 2. That the recording of the respective deeds of conveyance of title in the office of the Re- corder in and for Dubuque Coun- ty, Iowa, is 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 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. November 11, 1971 To the Honorable Mayor and City Council This is to advise you that the construction of the West Third Street and Parkway Storm Sewer - 1971, and work incidental thereto in and for the City of Dubuque, Iowa, has been completed in ac- cordance with plans, specifications and the contract by and between Tschiggfrie Excavating of Du- buque, Iowa, and the City of Du- buque Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed . Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None FINAL ESTIMATE RESOLUTION No. 35471 WHEREAS, the contract for the construction of: WEST THIRD STREET and PARKWAY STORM SEWER -1971 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 $7,686.62 That none of the cost thereof shall be assessable upon private property and $7,686.62 shall be paid from the Storm Sewer Sub. division Extension Fund of the City of Dubuque. Passed, adopted and approved this 6th day of December 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilman Bitter, Meyers, Molden- hauer, Pregler. Nays—None. (A Resolution Accepting Improve- ment) RESOLUTION No. 355.71 WHEREAS, the contract for the construction of: WEST THIRD STREET and PARKWAY STORM SEWER -1971 has been completed and the City Manager has ex- amined the work and filed his cer. tificate stating that the same has been completed according to the terms of the contract, plans and 490 Regular Session, December 6, 1911 specifications and recommends its acceptance, now therefore, BE IT RESOLVED by the City Council of Dubuque, that the rec- ommendation of the City Manager be approved and that said improve- ment be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Storm Sewer Fub- division Extension Fund upon the above described improvement in amount equal to the amount of his contract, less any retained percent- age provided for therein. Passed, and approved this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. November 11, 1971 To the Honorable Mayor and City Council This is to advise you that the construction of the Oeth Court Storm Sewer System Extension - 1971, and work incidental thereto in and for the City of Dubuque, Iowa, has been completed in ac- cordance with plans, specifications and the contract by and between Tschiggfrie Excavating of Du- buque, Iowa, and the City of Du- buque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Couchman, Coun• cilmen Bitter, Meyers, Molden• hauer, Pregler. Nays—None. FINAL ESTIMATE RESOLUTION No. 356-71 WHEREAS, the contract for the construction of: OETH COURT STORM SEWER SYSTEM EXTEN- SION -1971 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 $6,356.65. That none of the cost thereof shall be assessable upon private property and $6,356.65 shall be paid from the Storm Sewer Sub- division Extension Fund of the City of Dubuque. Passed, adopted and approved this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. (A Resolution Accepting Improve- ment) RESOLUTION No. 357.71 WHEREAS, the contract for the construction of: OETH COURT STORM SEWER SYSTEM EXTEN- SION -1971 has been completed and the City Manager has ex- amined 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 approved and that said improvement be and the same is hereby accepted. Regular Session, December 6, 1971 491 BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Storm Sewer Subdivision Extension Fund upon the above described improvement in amount equal to the amount of his contract, less any retained per. centage provided for therein. Passed, and approved this 6th day December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk ending December 31, 1972 be and the same is hereby approved. Passed, adopted and approved this 6th day of December 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION No. 358.71 RESOLUTION APPROVING OF. FICIAL BUDGET REPORT OF MUNICIPALITY FOR MUNICIPAL STREETS AND PARKING. FOR 1972. WHEREAS, an official budget re port of the City of Dubuque for Municipal Streets and Parking for the year beginning January 1, 1972 and ending December 31, 1972, has been duly prepared in accordance with Chapter 312.13 Road Ilse Tax Fund, Code of Iowa 1971, and sub- mitted to this Council for approval, and WHEREAS, this Council has ex- amined the "Official Budget Report of the City of Dubuque, Iowa for Municipal Streets Parking from January 1, 1972 to December 31, 1972" wherein the Distribution of receipts and expenditures are shown. NOW THEREFORE BE 1T RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Official Budget Report of the City of Dubuque for Mu- nicipal Streets and Parking for the year beginning January 1, 1972 and Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the folowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. November 29, 1971 To the Honorable Mayor and City Council Construction of the City of Du- buque, 1971 Concrete With Integral Curb, Project No. 1 and work in- cidental thereto in and for the City of Dubuque, Iowa has been com- pleted in accordance with plans, specifications and the contract by and between the Flynn Construc- tion Company of Dubuque, Iowa and the City of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the folowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. FINAL ESTIMATE RESOLUTION 359-71 WHEREAS, the contract for the CI'T'Y OF DUBUQUE, 1971 CON- CRETE PAVING WITH INTEGRAL CURB, PROJECT NO. 1 has been completed and the City Engineer has submitted final estimate show- ing the cost thereof including the cost of estimates,notices, tion, and preparing the and plat, now therefore, 442 Regular Session, December 6, 1971 BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined in be $21,162.29. That NONE of the cost thereof shall be assessable upon private property and $1,351.82 shall be paid from the LIBRARY Fund and $19,810.47 from Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 6th day of December 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F1 Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the folowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. (A Resolution Accepting Improvement) RESOLUTION NO. 360-71 WHEREAS, the contract for the City of Dubuque, 1971 Concrete Paving with Integral Curb, Proj- ect No. 1, has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its ac- ceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Library Fund & Road Use Tax Fund upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 361.71 Approving and providing for the execution of Third Amenda• tory Contract Amending Con- tract No. Iowa R-15 (LG) by and between the City of Dubuque, Iowa and the United States of America. WHEREAS, under date of July 26, 1967, the City of Dubuque (herein called the "Local Public Agency") and the United States of American (herein called the "Government") entered into a Loan and Capital Grant Contract No. Iowa R-15 (LG) for the undertak. ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, an application sub- mitted by the Local Public Agency with the Government for a revised Relocation Grant was approved under date of June 25, 1971, and for which approval the Local Pub- lic Agency and the Government entered into a Second Amendatory Contract under date of September 16, 1971; and WHEREAS, the said revised Re- location Grant necessitates an ad- ditional Project Inspection Fee which is the subject matter of the Third Amendatory Contract; now therefore, BE IT RESOLVED by the Coun- cil of the City of Dubuque, Iowa. Section 1. The pending proposed Third Amendatory Contract (here- in called the "Amendatory con- tract"), amending Contract No. Iowa R-15 (LG) (as heretofore amended), by and between the Lo- cal Public Agency and the Gov- ernment, is hereby in all respects approved. Regular Session, December 6, 1971 493 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 official 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 exe- cution of such counterparts as may be required by the Govern- ment. Passed, approved and adopted this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk the Project; and WHEREAS, the proposed plan change is of the nature which re- quires a public hearing as set forth in Section 403.5 of the 1966 Code of Iowa, as amended to date, and in conformance with the appropri- ate policies and regulations of the United States Department of Hous- ing and Urban Development; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That a public hearing on a proposed plan change to the approved Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15, will be held at 7:30 P.M. on December 20, 1971, in City Council Chambers, City Hall, 13th and Iowa, Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of public hearing in the form and style of "Exhibit A" attached here- to and made a part hereof. Passed, approved, and adopted this 6th day of December, 1971. Mayor Couchman moved adop- Gaylord M, Couchman tion of the resolution. Seconded Mayor Walter A. Pregler by Councilman Moldenhauer. Car- ried by the following vote: Wayne A. Moldenhauer Yeas — Mayor Couchman, Coun- Donald J. Meyers Joseph J. Bitter cilmen Bitter, Meyers, Moldenhau- Councilmen er, Pregler. Nays—None. RESOLUTION NO. 362.71 Fixing the Date of Public Hear- ing for an Urban Renewal Plan Change for the Downtown Ur- ban Renewal Project, Iowa R-15. WIiEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract, Contract No. Iowa R-15 (LG), as amended to date, for the undertaking of the Downtown Urban Renewal Project, Project No. Iowa R-15 (herein called the "Project"); and WHEREAS, pursuant to said contract, as amended, the City of Dubuque is carrying out the Proj- ect in conformance with the ap- proved Urban Renewal Plan for the Project; and WHEREAS, it is proposed to be in the best interest of both the Project and the City of Dubuque to effectuate a plan change to the approved Urban Renewal Plan for Attest: Leo F. Frommelt City Clerk LEGAL NOTICE OF HEARING Proposed Urban Renewal Plan Change Downtown Urban Re- newal Project. Notice is hereby given that a public hearing will be conducted by the City of Dubuque on a pro- posed Urban Renewal Plan change. Said hearing will be held in City Council Chambers, City Hall, Du- buque, Iowa, at 7:30 P.M. on the 20th day of December, 1971, All property owners within the Project Area as hereinafter set forth shall take notice that the proposed plan change is in connec- tion with the Downtown Urban Re- newal Project, Iowa R-15, which includes that area bounded as fol- lows: 4th Street on the south, Locust Street on the west, 9th Street on the north, and Central Avenue on the east. 494 Regular Session, December 6, 1971 The purpose of this hearing is to consider a proposal to amend the approved Urban Renewal Plan to permit multifamily residential use as an additional use in Redevelop- ment Area 5. Said Development Area 5 is bounded by Fifth, Lo- cust, Sixth and the Service Road running north and south located between Locust and Main Street. Any person or organization de- siring to be heard will be so giv- en the opportunity at the hearing. Materials and further informa- tion is available for inspection at the office of the Director of Ur. ban Renewal, Suite 10-B Fischer Building, Dubuque, Iowa, between 8:00 A.M. and 5:00 P.M. except Saturdays, Sundays and Holidays. Telephone inquiries may be made at the Urban Renewal Office, 588- 0017. 2t. Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution as amended. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION No. 363-71 ENDORSING THE FIVE FLAGS CENTER DEVELOPMENT WHEREAS, a non-profit organi- zation known as the Dubuque Five Flags Center Fund has been orga- nized for the purpose of raising funds for the purchase and restora- tion of the Orpheum Theater and for the purchase of certain addi- tional land adjacent to the Or- pheum Theater for construction thereon of a modern, year-round public assembly facility for civic, cultural, recreation, entertainment, convention, exhibition and other community uses; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE, IOWA: Section 1. That the Five Flags Center Project is looked upon with favor by the City Council of the City of Dubuque and is recom• mend to the entire community aE worthy of its support to provide a facility which would enhance the cultural and citizen participa tion potential of the community and surrounding areas to match and balance the current industrial, commercial, academic and eco- nomic growth of the Dubuque Met- ropolitan area. Passed, approved, and adopted this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution as amended. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilman Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity for public inmprovements and hearing upon proposed plans and specifications, form of contract and cost improvements for construction of City of Dubuque Water Main Extension Project No. 1, Contract 1 Section 1, Rockdale Road Water Main Extension and Contract 1, Section 2, Southern Avenue water main extension, presented and read. No written objectors were filed and no oral objectors were pres- ent in the Conucil Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays (N"ossity for Improvement) RESOLUTION No. 314-71 WHEREAS, proposed plans, spe- cifications, form of contract 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 show- ing among other things the follow- ing: Regular Session, December 6, 1971 495 1. An estimate of the cost of the proposed improvement for the City of Dubuque 1971 Water Main Ex- tension Project No. 1 Contract l—. Section 1 — Rockdale Road Water Main Extension Contract 1—Sec- tion2 — Southern Avenue Water Main Extension 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 hereinmentioned 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 improvement, they shall be deemed to have waived all ob- jections thereto. Said improvement 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 paid from the Water Works General Fund. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 1st day of November, 1971. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk (Ordering Construction) RESOLUTION No. 36471 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a Resolu- tion of Necessity No. 31471 which was duly passed by this Council for the City of Dubuque 1971 Water Extension Project No. 1 Contract 1—Section 1—Rockdale Road Wa- ter Main Extension Contract 1— Section 2—Southern Avenue Water Main Extension be and 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 improvement be paid from the Water Works General Fund. 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 for in the man- ner 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 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Councilman Pregler moved final adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays—None. Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice to con. tractors of the receipt of proposals 496 Regular Session, December 6, 1971 for the construction of City of Du- buque water main extension proj- ect No. 1, Rockdale Road and Southern Avenue, presented and read. Councilman Bitter moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. December 3. 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00 A.M., Thursday, December 2, 1971 for the City of Dubuque 1971 Water Main Extension Project No. 1, Contract 1, Section 1— Rockdale Road, Contract 1, Section 2— Southern Avenue. The lowest bid entered was entered by the M. F. Goerdt Construction Company of Dubuque, Iowa. Their bid was 3.96% over the estimate for Sec- tion 1—Rockdale Road. The lowest bid entered was entered by the Economy Excavating Company of Lansing, Iowa for Section 2 -- Southern Avenue. Their bid was 9.43% under the estimate. I recommend the contract for Contract 1, Section 1 — Rockdale Road be awarded to the M. F. Goerdt Construction Company. I recommend the contract for Contract 1, Section 2—Southern Avenue be awarded to the Eco- nomy Excavating Company. Respectfully submitted, Gilbert D Chavenelle City Manager Councilman Pregler moved that the recommendation be received and Filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. (Awarding contract) RESOLUTION NO. 365-71 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1971 Water Main Extension Project No. 1, Contract 1, Section 1, Rockdale Road Water Main Extension pur. suant to Resolution No. 315-71 and notice to bidders published in a newspaper published in said City on November 8, 1971 and Novem- ber 15, 1971; and WHEREAS, said sealed propos- als were opened and read on De- cember 2, 1971, and it has been determined that the bid of M. F. Goerdt Construction Company of Dubuque, Iowa in the amount of $184,148.75 was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to M. F. Goerdt Construction Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Awarding Contract) RESOLUTION NO. 366.71 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1971 Water Main Extension Project No. 1, Contract 1, Section 2, Southern Avenue Water Main Extension pur- suant to Resolution No. 315-71 and Regular Session, December 6, 1971 497 notice to bidders published in a newspaper published in said City on November 8, 1971 and Novem- ber 15, 1971; and WHEREAS, said sealed propos- als were opened and read on De- cember 2, 1971, and it has been determined that the bid of Econ- omy Excavating Company of Lans- ing, Iowa in the amount of $20,578.50 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 Economy Excavating Com- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- ful bidders. Passed and adopted this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. November 23, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has received your cor- respondence asking for a review of the zoning for the Hilleres Apartment property located a John F. Kennedy Road and th proposed Hillcrest Road. During the past eight years this entire West side of our community, and particularly the areas adjacent. to Kennedy Road, have been viewed, reviewed, studied and carefully planned by the Planning and Zon- ing Commission and City Councils. The Planning and Zoning Commis- sion, working for the Councils, have constantly had this area un- der review and have given special attention to overall neighborhood plans. The City Planning staff and Commissioners recommended to the Council the present zoning be- cause it is consistent with a mas- ter plan for the area and is also consistent with good standards for neighborhood planning. The Coun- cil, acting in good faith and hon- esty at a public hearing, then re- zoned this property only a few years ago (1968-1965). Our recommendation came to you, the Council, after very care- ful study and with due regard to the comprehensive plan for the whole area. Our group has the added benefit of continuity of long service by the Commissioners so that decisions are based on knowl- edge of past experiences and his- tory of the development of com- plete subdivisions and areas. With this background, and with an abun- dance of time spent during the past two years reviewing the plan- ning maps to present the City Council with a new city map, we are still certain that our previous judgment was valid and consistent with the principles of good city planning. Each Commissioner states that he finds a review of the zoning of this property would serve no pur- pose at this time and that their previous recommendation should be your guide. Sincerely yours, CITY PLANNING AND ZONING COMMISSION George Deininger, Chm. Thomas Flynn, Jr. Richard Friedman Frank J. Glab Lester Streinz William A. Knapp Donald Sanders P.S. Recently there was an un- informed implication that a Plan- t ning and Zoning Commissioner e should not serve on the City Board of Adjustment at the same time that he serves on the Commission. 498 Regular Session, December G, 1971 This is a very correct appointment. by the City Council and has been so in Dubuque for as long as most older men in City government can remember. Other communities also have exercised this same wisdom and good judgment. The County Zoning Ordinance requires that one member of the County Zoning Commission also serve on the County Zoning Board of Adjust- ment. There is no conflict of in- terest, but, rather, a better com- munication and service is estab- lished by one or two members. Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Attorney Francis J. O'Connor, representing property owners in or adjacent to Powers property, who requested rezoning and reconsideration of the Powers farm property to be changed back to Single Family classification, being authorized by the property owners to withdraw the petition, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. December 2, 1971 Hon. Mayor and City Council You will recall that at the meet- ing of 15th day of November, 1971 of the City Council of Dubuque, Iowa, a petition by numerous ob- jector -petitioners in the area of Tyler Road petitioned the City Council for rezoning of the real estate commonly described as "Powers property" from the multi- ple residence district classification back to single family residence dis- tric classification. The petition was prompted by the objections of the property owners in question object- ing to the improvement of a por- tion of the "Powers property" by a Planned unit development. Your honorable body referred that matter to the City Planning and Zoning Commission. Thereafter, at a hearing before the Board of Adjustment it ap- peared that the contending parties had tentatively reached an agree- ment but it was at the suggestion of the City Attorney that in order to protect the interest of the City that any agreement that they might make which would be the basis of the withdrawal of the objections by the objectors would be pre- mised that none of the contending parties for a period of ten years would petition the City Council for the opening of Pasadena Avenue to extend and connect to what is known as Tyler Stret and has now been described as Lot 3 of Lot 1 of Lot I of "Powers Place." It appears to the writer that the matters in contention among all the parties hereto have been resolved to the satisfaction of the Board of Adjustment of the City of Du- buque, Iowa. The City Attorney has assisted in the preparation of the agreement for all of the contending parties to execute and same has been ex- ecuted and is returned herewith for recording with the City Clerk as part of the permanent records of the City of Dubuque, Iowa, and I am also enclosing herewith a letter from Mr. Francis O'Connor representing all of the objectors withdrawing objections and peti- tion for the rezoning of said prop- erty which was done at the meeting of November 15, 1971. Accordingly, it appears that this matter has been amicably resolved by the contending parties without any further involvement of the City of Dubuque, Iowa, or any of its agencies. Respectfully submitted, R. N. Russo City Attorney AGREEMENT WHEREAS, the undersigned PHILIP A. POWERS and MARTHA F. POWERS, hereinafter called "First Parties", are the owners of a substantial tract of land gener- ally described as follows: Lot 1 of Sub. of Lot 1 of Lot 1 of "Powers Place", in the City of Dubuque, Iowa, and WHEREAS, the undersigned, Regular Session, December 6, 1971 499 ALAN ISRAEL, hereinafter called "Second Party", has purchased a parcel of real estate from First Party and proposes to erect a planned unit development on said acquired real estate described as follows: Lot 2 of Sub. of Lot 1 of Lot 1 of "Powers Place", in the City of Dubuque, Iowa, and WHEREAS, the undersigned, MR. and MRS. KARL JUSTMANN, MR. and MRS. FRANK R. O'CON- NOR, MR. and MRS. J. JAMES VASKE, MR. and MRS. NORMAN FOREMAN, MR. and MRS. MIG TON A. BOYES, and MR. and MRS. ROBERT H. JASPER, hereinafter called "Third Parties", by their at- torney, Francis J. O'Connor, are the owners of the property abut- ting said Powers property and the planned unit development property and have expressed objection to the zoning of said area purchased by Second Party from Single Fam- ily Residence District Classifica- tion to Multiple Residence District Classification; and Third Parties have entered their formal objection and request to the City Council of the City of Dubuque, Iowa, request- ing that said area be zoned back to Single Family Residence District Classification and, thereafter, the undersigned Third Parties hereto have voiced their objections to said development before the Board of Adjustment of the City of Du- buque, Iowa, and WHEREAS, all of the parties hereto desire to compromise and settle their differences and to that end agree as follows: IT IS THEREFORE MUTUALLY AGREED, by and between the par- ties hereto as follows: The First Parties, Second Party and Third Parties for their heirs, successors, assigns and representa- tives do bind themselves and do hereby agree that for a period of ten (10) years from date hereof none of the undersigned nor all or them shall in any way petition or ask the City Council of the City of Dubuque, Iowa, to open for ve- hicular traffic that portion of a street not open to the public and presently known and described as follows: Lot 3 of Sub. of Lot 1 of Lot 1 of "Powers Place" in the City of Dubuque, Iowa, according to the recorded plate thereof. It is the intention of these par- ties to reconcile and adjust their differences so that the presently platted Pasedena Avenue shall not for said ten (10) year period be ex- tended to Tyler Road. Mr. and Mrs. Karl Justmann Mr. and Mrs. Frank R. O'Connor Mr. and Mrs. J. James Vaske Mr. and Mrs. Norman Foreman Mr. and Mrs. Milton A. Boyes Mr. and Mrs. Robert H. Jasper By Francis J. O'Connor, Their Attorney Philip A. Powers Martha F. Powers First Parties Alan Israel Second Party COUNTY OF DUBUQUE ) ) sa: STATE OF IOWA ) On this 30th day of November, 1971, before me, a Notary Public in and for the State of Iowa, per- sonally appeared Philip A. Powers and Martha F. Powers, to me known to be the identical persons named in and who executed the foregoing instrument and acknowl- edged that they executed the same as their voluntary act and deed. Leo A. McCarthy Notary Public In and for the State of Iowa STATE OF IOWA ) ) as: COUNTY OF DUBUQUE ) On this 30th day of November, 1971, before me, a Notary Public in and for the State of Iowa, per- sonally erisonally appeared Alan Israel, to me known to be the identical per- son named in and who executed the foregoing instrument and ac- knowlerged that he executed the same as his voluntary act and deed. Leo A. McCarthy Notary Public In and for the State of Iowa STATE OF IOWA ) ) as: COUNTY OF DUBUQUE ) On this 30th day of November, 1971, before me, a Notary Public in and for the State of Iowa, per- sonally appeared Francis J. O'Con- nor to me known to be the identi- cal person named in and who exe- cuted the foregoing instrument and acknowledged that he executr 500 Regular Session, December G, 1971 ed the same as his voluntary act and deed. Eileen T. Koster Notary Public In and for the State of Iowa Councilman Meyers moved that the agreement be received and made a matter of record. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Communication of Attorney Leo A. McCarthy, submitting plat of Lot 1 and Lot 2 of Sub, of Lot 1 of Lot 1 of Powers Place and Plat of Subdivision of Lot 1 of Lot 1 of Powers Place, presented and read. Councilman Pregler moved that the communication be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Attorney McCarthy addressed the Council that all agreements re- lated to the Powers property are in writing. The Board of Adjust- ment and the Building Department are in accord. Lot 3 of Powers Place is given to the City. Side- walks will be put in by developer next to their property. RESOLUTION NO. 367-71 Resolution Vacating Plat of Lot 1 and Lot 2 of the Subdivision of Lot 1 of Lot 1 of "Powers Place" in the City of Dubuque, Iowa. WHEREAS, there was filed with the offices of the Recorder of Du- buque County, Iowa, on October 20, 1971, in Book of Plats #35, page 202, a plat known as the Subdivi- sion of Lot 1 and I.ot 2 of the Sub, of Lot 1 of Lot 1 of "Powers Place" in the City of Dubuque, Iowa, by Philip A. Powers and Martha F. Powers, the owners of such prop- erty; and, WHEREAS, upon said plat ap- pear streets to be known as Hill- crest Road and Tyler Road, to- gether with certain public utility easements which the owners by said plat dedicated to the public forever; and the owners wish to vacate such plat with the consent of the City of Dubuque, Iowa, be- fore the sale of any property therein, pursuant to the provisions of Section 409.18, Code of Iowa (1971); NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the plat known as the Subdivision of Lot 1 and Lot 2 of the Sub. of Lot 1 of Lot 1 of "Powers Place" in the City of Dubuque, Iowa be and the same is hereby vacated. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute the certificate attached to said va- cation of plat. Section 3. That the City Clerk be and he is hereby authorized and directed to file a certified copy of said vacation plat in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. December 3, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a pro- posal to vacate the plat of Lot 1 and Lot 2 of Sub. of Lot i of Lot 1 of "Powers Place" in the City of Dubuque, Iowa, and approve in its place a plat of Lot 1 of Lot 1 of "Powers Place" in the City of Du- buque, Iowa. The significant change proposed is the elimination of a connect be- tween Tyler Road, which exists as a part of the Mettel-Link Subdi- vision, and a proposed street in Regular Session, December 6, 1971 501 a plat of "Powers Place," and sub- stitute, in its place, an accessway for pedestrians. Residents of the area have requested such a change so that traffic can be minimized through the residential area in which they live. In reviewing the request the Commission found that Tyler Road and the proposed extension is clas- sified as a local street and is in- tended to serve as access to indi- vidual properties and not to col- lect or more large amounts of traf- fic. That the connection would most likely increase traffic substantially and permit the road to become a collector street. That the primary objective in making the connection on the pro- posed plat had been to accommo- date pedestrian access to Hoover School from "Powers Place." That pedestrian access could be accommodated without developing vehicular access. In view of its findings the Com- mission recommends that the new plat, as referred to, 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 Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 368-71 Resolution Approving the Plat of Subdivision of Lot i of Lot 1 In the City of Dubuque, Iowa "Powers Place." Whereas, there has been filed with the City Clerk a plat of the Subdivision to be known as the Subdivision of Lot 1 of Lot 1 of "Powers Place" in the City of Du- buque, Iowa, by Philip A. Powers and Martha F. Powers; and Whereas, upon said plat appear streets to be known as Hillcrest Road and Pasadena Drive and Lot 3 of Sub. of Lot 1 of Lot 1 of "POW- ers Place," together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been Pxamined by the City Planning and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relat- ing 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 dedications of Hillcrest Road and Pasadena Drive and Lot 3 of Sub, of Lot 1 of Lot 1 of "Powers Place" to- gether with the easements for pub- lic utilities as the same appear up- on said plat, be and the same are hereby accepted; Section 2. That the plat of The Subdivision of Lot 1 of Lot 1 of "Powers Place" in the City of Du- buque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, eexcute their written ac- ceptance hereto attached agree- ing: a. To reduce all streets to grade and to construct curb and gutter and to hard surface Hillcrest Road and Pasadena Drive with bitumi- nous concrete, 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 water service laterals in accord- ance 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 En- gineer and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications approved 502 Regular Session, December 6, 1971 by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; g. To maintian the foregoing improvements for a period of four (4) years from the date of their acceptance by the City of Du- buque, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Owners, Phil- ip A. Powers and Martha F. POW- ers, as owner; i. To construct said improve- ments, except sidewalks, prior to December 1, 1973, and to construct the sidewalks prior to December 1, 1975; and further provided that said Philip A. Powers and Martha F. Powers, as owner of said Subdivi- sion, 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 Philip A. Powers and Martha F. Powers, shall fail to execute the acceptance and furnish the secur- ity provided for in Section 2 here- of within 45 days after the date of this Resolution, 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 unanimous recorded roll call this 6th day of December, A.D., 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 368-71 We, the undersigned Philip A. Powers and Martha F. Powers, hav- ing read the terms and conditions of the foregoing Resolution No. 368-71 and being familiar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 9th day of December, 1971. Philip A. Powers Martha F. Powers TO: Leo F. Frommelt City Clerk This is to certify that the se- curity provided by the foregoing RESOLUTION NO. 368-71 has been furnished by the owners. Dated at Dubuque, Iowa, this 28th day of December, 1971. Gilbert D. Chavenelle City Manager Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. RESOLUTION No. 369-71 WIiEREAS, 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 directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Gerald E. Miller, Jr., 2417 Rhom- berg Avenue. Benevolent & Protective Order of Elks 297, 7th & Locut Street. Shirley Mihalakis, 574 Fast 16th Street. BE 17' 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 December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler. Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Regular Session, December 6, 1971 503 Councilman Bitter moved adop- tion of they resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION No. 370.71 WHERES, 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 Gerald E. Miller, Jr., 2417 Rhom- berg Avenue. Benevolent & Protective Order of Elks 297. 7th & Locust Street. Shirley Mihalakis, 574 East 16th Street. Passed, adopted and approved this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk by the 67th General Assembly, 1967. CLASS "C" COMMERICAL ESTABLISHMENT Gerald E. Miller, Jr., 2417 Rhom- berg Avenue. Benevolent & Protective Order of Elks 297, 7th & Locust Street. Shirley Mihalakis, 574 East 16th Street. Richard J. Hantelmann, 920 Main Street Passed, adopted and approved this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION No. 371-71 WHEREAS, applications for li- 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 Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 372.71 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 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 issued to the following named applicants a Liquor Permit. CLASS "C" COMMERICAL ESTABLISHMENT Gerald E. Miller, Jr., 2417 Rhom- berg Avenue. Benevolent & Protective Order of Elks 297. 7th & Locust Street. Shirley Mihalakis, 574 East 16th Street. Richard J. Hantelmann, 902 Main Street. 504 Regular Session, December 6, 1971 Passed, adopted and approved this 6th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None Communication of Paul 7.ientek of Cudahy, Wis, expressing thanks to the Police and Fire Department who participated in his rescue from the Holiday Inn swimming pool on October 2, 1971, presented and read. Councilman Moldenhau- er moved that the communication be received and filed and copies be sent to the Police and Fire De- partments. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen oumcilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Leo F. Frommelt City Clerk ApprovedFAbz'taa2'y .28 1972 ...A... .. arY,..?.}'...1972 v, u. ., ................. City Clerk Special Session, December 20, 1971 505 CITY COUNCIL OFFICIAL Special Session, December 20, 1971. Council met at 7:30 P.M. (C.S.Y.) Present — Mayor Couchman, Councilmen Bitter, Meyers, Mol- denhauer, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- ducting a public hearing on levy of special assessment and inten- tion of the Council to issue bonds to pay for construction of Peru Road -Davis Avenue Sanitary Sewer and acting upon such other busi- ness as may properly come before a regular meeting of the Council. Mayor Couchman presented the following names for appointment to the Human Rights Commission and Advisory Commission: Ruth Scharnau, Sister Barbara Kutchera, Patrick R. Quinn to the Human Rights Commission for three year terms from January 1, 1972; Sam- uel Singleton to the Human Rights Commission to replace Al. Moran unexpired term to ,January 1, 1973; Robert Luthro to The Advisory Commission to fill unexpired term of Eugene Hingt- gen to June 1, 1972. Councilman Moldenhauer moved approval of the appointments. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 373.71 WHEREAS. the City Council of the City of Dubuque, Iowa has adopted a revised and amended Ordinance known as the human Rights Ordinance; and WHEREAS, three members have been appointed whose terms ex- pired January 1, 1970 and suc- cessors have been appointed and three of said Commissioners will have their term.,, expiring on De- cember 31, 1971 and three shall serve until .January 1, 1972; NOW THEREFORE BE 1T RE- SOLVED by the City Council of the City of Dubuque, Towa: Section 1. That the appointment of three Commissioners appointed January 1, 1970, said appointment having heretofore been made, be and the same is hereby ratified and confirmed and said respective terms shall be for a period of three years from date of appointment. Section 2. That the appointment of three Commissioners appointed January 1, 1971, said appointment having heretofore been made, be and the same is hereby ratified and confirmed and said respective terms shall be for a period of three years from date of appoint- ment. Section 3. That the following named are appointed and shall serve for a period of three years from January 1, 1972; Ruth Scharnau Sister Barbara Kutchera Patrick R. Quinn Passed, approved and adopted this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: I.eo F. Frommelt City Clerk Counicilman Meyers moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of legal notice of hearing on proposed urban re- newal plan change Downtown Ur- ban Renewal project, presented and read. Councilman Meyers moved that the proof of publica- tion be received and filed. Second- ed by Councilman Pregler. Car- ried by the following vote: YC8s — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. 506 Special Session. Dcc vrnher 20, 1971 Communication of Ecumenical Housing Inc. requesting a change in the Urban Renewal plan that would allow the property at 6th & Locust Street to be the site for the Hi -Rise apartment building for low- income elderly residents of the City, presented and read. Council- man Bitter moved that the com- munication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition Elvira Kelley et al (approx. 600 signatures) in support of the Ecumenical Housing project for the elderly because it fills a dramatic and documented need, presented and read. Councilman Bitter moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers. Molden- hauer, Pregler. Nays—None. Communication of D u b u q u e Downtown Ass'n. stating that their Board of Directors at a December 7th meeting endorsed the change in the Urban Renewal plan which will permit multiple family hous- ing for occupancy by low and moderate income elderly, at Sixth & Locust in the Downtown Urban Renewal area, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Communication of Oscar Lund- gren and James A. Wallace, brought forward from meeting of December 6th requesting to be heard on Downtown high-rise apartment structure in Urban Re- newal also expressing concern re- garding boards and commissions, presented and read. Councilman Bitter moved that the communica. tion be received and filed. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Communication of Tom Dough- erty et ux of 2620 Chaney Road opposing any amendment to change the original urban renewal plan and that the land he sold to a husi- ness that will help remove the tax- payer's burden, presented and read. Councilman Bitter moved thatthe communication he re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays --None. Communication of C. O. Meyer of 1865 Vizaleea Drive, being opposed to the high rise apartment build- ing for the elderly as proposed by Ecumenical Housing, it being an amalgamation of Church and State, and being against the principle of private enterprise, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Communication of Digman Real- ty Service Inc. requesting that the decision regarding the proposed alternation of the duly established land -use plan of the property at 66th & Locust be deferred until the newly elected Councilmen have been seated, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Mrs. E. M. Nicholson of 815 Laurel St. being in opposition to the proposed amendment to the Urban Renewal plan to permit residential use at. Sixth and Locust because the over- whelming majority of the elderly, Special Session, December 20, 1971 507 nationally as well as locally own their own homes and streets and buildings in all commercial areas are customarily deserted at nighl. and therefore they are deserted and dangerous, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Arthur M. Boardman objecting to low rent housing in the downtown area is not appropriate and the area should be developed to its maxi- mum commercial use, presented and read. Councilman Bitter moved that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. December 17, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed the mat. ter of including housing as a per- mitted use in the Central Business District. Concurrently, a proposal for a specific housing project for property at the southwest corner of Sixth and Locust was consid- ered. A staff report that was pre. sented to the Commission on these two questions is attached. It has been the opinion of the Commission that housing can be an appropriate use in the Central Business District and it has been provided for, as a part of a planned unit development, in the proposed zoning ordinance. It was further the opinion of the Commission that the specific site in question would be one of the appropriate sites for housing provided that an acceptable plan is submitted. The proposal to amend the Ur- ban Renewal Plan to permit multi- ple family residences as an addi- tional use for redevelopment area 5 of the downtown Urban Renewal Project would be consistent with the findings of the Commission. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Bitter moved that the communication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler, Nays—None. Councilman Moldenhauer moved that the rules be suspended in order to let anyone present address the Council if they so desire. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Many citizens addressed the Council, being for and against, re- garding Ecumenical plan to con- struct a high rise apartment in the Urban Renewal area, after which time Councilman Pregler moved that the rules be reimposed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 374.71 Approving A Change to the Ur- ban Renewal Plan for the Down- town Urban Renewal Project, Iowa R-15. WHEREAS, under the provisions of Title i of the Housing Act of 1949, as amended, the United States Department of Housing and Urban Development and the City of Dubuque, Iowa, pursuant to a Loan and Capital Grant Contract, Contract No. Iowa 11,15 (LG), are undertaking and carrying out the Downtown Urban Renewal Project, Iowa R-15 (herein call "Project'); and, WHEREAS, under date of May 18, 1967, the City Council of the City of Dubuque, based upon de- tailed studies, supplementary ma- terial and data and recommenda. tions, duly reviewed and adopted Resolution No. 123-67 approving 506 Special Session, December 20. 1971 Communication of Ecumenical Housing Inc. requesting a change in the Urban Renewal plan that would allow the property at 6th & Locust Street to be the site for the Iii Rise apartment building for low- income elderly residents of the City, presented and read. Council- man Bitter moved that the com- munication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Petition Elvira Kelley et a] (approx. 600 signatures)in support of the Ecumenical Housing project for the elderly because it fills a dramatic and documented need, presented and read. Councilman Bitter moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Communication of D u b u q u e Downtown Ass'n. stating that their Board of Directors at a December 7th meeting endorsed the change in the Urban Renewal plan which will permit multiple family hous- ing for occupancy by low and moderate income elderly, at Sixth & Locust in the Downtown Urban Renewal area, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Communication of Oscar Lund- gren and James A. Wallace, brought forward from meeting of December 6th requesting to be heard on Downtown high-rise apartment structure in Urban Re- newal also expressing concern re- garding boards and commissions, presented and read. Councilman Bitter moved that the communica- tion be received and filed. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Communication of Toni Dough- erty et ux of 2620 Chaney Road opposing any amendment to change the original urban renewal plan and that the land be sold to a busi- ness that will help remove the tax- paver's burden, presented and read. Councilman Bitter moved that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman. Coun- cilmen Bitter, Meyers. Molden- hauer, Pregler. Nays—None. Communication of C. O. Meyer of 1865 Vizaleea Drive, being opposed to the high rise apartment build- ing for the elderly as proposed by Ecumenical Housing, it being an amalgamation of Church and State, and being against the principle of private enterprise, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Communication of Digman Real- ty Service Inc. requesting that the decision regarding the proposed alternation of the duly established land -use plan of the property at 66th & Locust be deferred until the newly elected Councilmen have been seated, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Mrs. E. M. Nicholson of 815 Laurel St. being in opposition to the proposed amendment to the Urban Renewal plan to permit residential use at Sixth and Locust because the over- whelming majority of the elderly, Special Session, December 20, 1971 507 nationally as well as locally own their own homes and streets and buildings in all commercial areas are customarily deserted at nicht and therefore they are deserted and dangerous, presented and read. Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Arthur M. Boardman objecting to low rent housing in the downtown area is not appropriate and the area should be developed to its maxi- mum commercial use, presented and read. Councilman Bitter moved that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. December 17, 1971 the findings of the Commission. Respectfully submitted, CITY Pl cXNNING AND ZONING COMMISSION Don Gilson City Planner Councilman Bitter moved that the communication he received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Moldenhauer moved that the rules be suspended in order to let anyone present address the Council if they so desire. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed the mat- ter of including housing as a per- mitted use in the Central Business District. Concurrently, a proposal for a specific housing project for property at the southwest corner of Sixth and Locust was consid. ered. A staff report that was pre- sented to the Commission on these two questions is attached. It has been the opinion of the Commission that housing can be an appropriate use in the Central Business District and it has been provided for, as a part of a planned unit development, in the proposed zoning ordinance. It was further the opinion of the Commission that the specific site in question would be one of the appropriate sites for housing provided that an acceptable plan is submitted. The proposal to amend the Ur- ban Renewal Plan to permit multi- ple family residences as an addi- tional use for redevelopment area 5 of the downtown Urban Renewal Project would be consistent with Many citizens addressed the Council, being for and against, re- garding Ecumenical plan to con- struct a high rise apartment in the Urban Renewal area, after which time Councilman Pregler moved that the rules be reimposed. Sec- onded eaonded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays—None. RESOLUTION NO. 374-71 Approving A Change to the Ur- ban Renewal Plan for the Down- town Urban Renewal Project, Iowa R-15. WHEREAS, under the provisions of Title I of the Housing Act of 1949, as amended, the United States Department of Housing and Urban Development and the City of Dubuque, Iowa, pursuant to a Loan and Capital Grant Contract, Contract No. Iowa R.15 (LG), are undertaking and carrying out the Downtown Urban Renewal Project, Iowa R-15 (herein call "Project"); and, WHEREAS, under date of May 18, 1967, the City Council of the City of Dubuque, based upon de- tailed studies, supplementary ma- terial and data and recommenda. tions, duly reviewed and adopted Resolution No. 123-67 approving 508 Special Session, December 20. 1971 an Urban Renewal Plan (herein called "Plan") for the Project; and. WHEREAS, the Plan prescribed among other things certain land uses for the various redevelop- ment areas delineated in the Plan; and WHEREAS, under date of March 15, 1971, the City Council of the City of Dubuque adopted Resolu- tion No. 79.71 which changed that portion of the Project area iden. tified in the Plan as "Redevelop- ment Area 5" from a "Central Bus- iness District Retail Area" to a "Commercial Service Area"; and WHEREAS, it is proposed that "Multiple Family Residences" be included as an additional use per- mitted in said Redevelopment Area 5; and WHEREAS, the Dubuque Plan. ning and Zoning Commission has found that the said "Multiple Fam- ily Residences" is an appropriate use in the Central Business Dis. trict (zoning district encompassing said "Redevelopment Area 5"); and further, that the said use for the specific area, "Redevelopment Area 5", would be consistent with the general plan for the develop- ment of the City of Dubuque as a whole; 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 Plan Change to the Urban Renew- al Plan, as herebefore amended and adopted, for the Downtown Urban Renewal Project, Iowa R-15, permitting "Multiple Family Resi- dences" as an an additional use for that portion of the said Proj- ect area designated "Redevelop- ment Area 5" is in the best inter- est of the said Project and City of Dubuque; and further, that the Plan Change conforms to the gen- eral plan for the development of the City of Dubuque, as a whole. Section 2. That the Plan Change to the Urban Renewal Plan as set forth in Section 1 hereinabove, having been duly reviewed and considered, si hereby approved and the City Clerk be and he is directed to file a copy of the said Plan Change with the minutes of this meeting. Passed, approved, and adopted this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays—Councilman Moldenhauer. RESOLUTION NO. 375.71 Approving the Fixed -Price Com- petition Method for Offering Certain Land in the Downtown Urban Renewal Project, Iowa R-15, for Redvelopment by Pri- vate Developers. 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, under date of May 18, 1967, the Council of the City of Dubuque, after a Public Hear- ing, duly adopted an Urban Re- newal 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 said Ur- ban Renewal Plan and said Loan and Capital Grant Contract, the City of Dubuque has and is acquir- ing land, relocating site occupants, removing structures and other im- provements, and constructing and reconstructing 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 WHEREAS, the Fixed -Price Com- petition method permits the sale of land on criteria and factors oth- er than price and in the best in- terests of the Urban Renewal Proj- cet and the City of Dubuque, now therefore .-A Special Session, December 20, 1971 509 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 a certain parcel 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 and as they may be revised as necessary to comply with the requirements of the Department of Housing and Urban Development, are hereby approved. Section 2. That the Fixed -Price Competition method of offering certain land for sale for redevel- opment. by private developers is the appropriate method of making the land available for redevelop- ment. Section 3. That the price for the disposal of said 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 Re- newal flan and said prices are hereby approved. Section 4. That the City Manag- er and the Director of Urban Re- newal be and are hereby author- ized and directed to proceed with the proposed disposal of the par- cel 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 authnrized and directed to publish "Invitation for Proposals" for the sale of certain parcel of real estate, in the form of Exhibit "A" attached hereto and made a part hereof. passed, approved and adopted this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhaue► Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk the Downtown Urban Renewal Project, Iowa R-15. The parcel of land available for sale is located on the Southeast corner of Sixth and Locust Streets. The parcel is identified as follows: Parcel No. 89, Approximate Square Feet, 12,540* (*subject to final survey), Use, Commercial and/or Multiple Family Resi- dences. Full information, instructions, and bid documents needed to pre- pare proposals may be obtained by depositing $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 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, Citv Hall, 13th Street and Central Avenue, Dubuque, Iowa, no later than 10:00 A.M. CST on January 28, 1972, at which time all bids will be publicly 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. A good faith deposit is not re- gluired with this proposal submis- sion if the redeveloper is a non- profit corporation, a limited divi- dend corporation or a cooperative. 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. 12/28, 1/4 INVITATION FOR PROPOSALS The ('ity of Dubuque. IoWal vites proposals for the purchase and redevelopment of property in Councilman Pregler moved adop- tion of the _resolution, Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer. Pregler. Nays—None. Communication of Attorney Ar- nold J. VanEtten, in behalf of An- drew D. do Gust Karigan, making inquiry as to repayment of a de - 510 Special Session, December 20, 1971 posit amount for land in the Ur- ban Renewal area located north of Karigan's restaurant in the Urban Renewal area, on which the Kari- gan's have changed their purchase plan, presented and read. Coun- cilman Pregler moved that the communication be referred to the City Manager for review and to come back with a recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Low Rent Housing Commission submitting minutes of their meeting of De- cember 14, 1971, presented and read. Councilman Meyers moved that the communication be re- i ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. December 10, 1971 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of the 1971 Code of Iowa, Chapter 365, the Civil Service Com- mission conducted written exami- nations on November 22, 1971, and oral examinations on December 8, 1971, for the position of Assistant Chief -Division Chief, on the Fire Department. The following named Fire per- sonnel have passed both the writ- ten and oral examinations and are hereby certified: Name Avg. Avg. Written Oral Mehrl, Robert A.........89.7 % 91% Winter, Carl J .............86.3% 70% Badger, William P. ....74.9% 84% Cherrier, William E...74.9% 75% Respectfully submitted, LeRoy H. Giles Chairman Louis F. Fautsch Gerard B. Noonan Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 15th day of December 1971. Eugene J. Berens Notary Public Councilman Pregler 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 Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Printed Council proceedings for the months of August and Septem- ber 1971 presented for approval. Councilman Meyers moved that the Council proceedings for the months of August and September 1971 be approved as printed. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. December 14, 1971 To the Honorable Mayor and City Council I herewith submit the reports of the City Auditor, City Treasurer, Health Department and a list of claims for the month of November 1971. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the reports be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and Disbursements, also list of claims for November 1971, presented and read. Councilman Bitter moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Special Session, December 20, 1971 511 Communication of General Driv- ers and Helpers Union advising S that the City employees represent- ed by them, local 42:, have voted i to accept the City proposal cov- ering wages for 1972, presented t and read. Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. December 9, 1971 Hon. Mayor and City Council On October 26, 1971, Mrs. Ma- thilda M. Klein filed claim against the City of Dubuque alleging in- juries on October 13, 1971 as the result of a fall at 16th and Jack- son Street 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 claim- ant. suffered a fracture of a finger on the left hand, damage to cloth- ing, glasses and a ring, and in ad- dition, the loss of one week's work, totalling $180.50. Claimant has made an offer of settlement in the amount of $180.50 and it is the recommenda- tion of the City Attorney that said offer of settlement be accepted and that the City Auditor be in- structed to draw a warrant pay- able to Mrs. Mathilda M. Klein in the amount of $180.50 and trans- mit the same to the City Attorney for delivery upon receipt of duly executed releases. Original claim is returned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers, Carried by the following vote: Yeas — Mayor Couchman, Coun oilmen Bitter, Meyers, Moldenhau er, Pregler. Nays—None. December 14, 197'. Hon. Mayor & City Council On October 29, 1971, Loriel L Parker of 1635 Catherine Streel this city, filed claim against th City of Dubuque, Iowa for dan T in the estimated amount of 92.00 which alleged damages re- ultedon October 17, 1971 as the esult of aback up of sewer. This matter was referred to he appropriate City Agency who nade aninvestigation thereof and eported by letter to this office f na liability on the part of the ity and Inview of the foregoing t is the recommendation of the aCity Attorney that the claim of riel L. Parker be denied. Original claim is attached here. to. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. December 15, 1971 Honorable Mayor and City Council Letter of Vernon Gavin, Presi- dent Laborers Local 659, was ad- dressed to the City Council re- questing that the City Council give attention to the fact that two em- ployees had not received payment from H & R Wrecking Company. Said communication was re- ferred to the City Attorney and I beg to advise that the respective employees have been paid in full. Original communication is re- turned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved that the communication be received and filed. Seconded by councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. December 20, 1971 Hon. Mayor and City Cou197ncil Mrs On February Flory Brinskelly of 928 Central Avenue, Dubuque, Iowa, through her attorney, served notice of claim for personal injury in the amount of $5,000.00 and alleging in said notice that on February 512 Special Scission, December 20, 1971 12, 1971 she fell and fractured her pelvis as the result of slipping on an allegedly long existing patch of ice at or near the west- erly curb of Bissell Lane in Du- buque, Iowa. This matter was referred to the City Attorney who has made an investigation of said matter, re- viewed the medical bills and doc- tors reports and claimant has made an offer of settlement of this claim in the amount of $500.00 and it is the recommenda- tion of the City Attorney that said offer of settlement be accept- ed and that the City Auditor be instructed to draw a warrant pay- able to Mrs. Flory Brinskelly in the amount of $500.00 and trans- mit the 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 P.S. This claim was denied by the City Attorney for a reason, though unstated, which is no longer pre- vailing. Councilman Bitter moved approval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. December 20, 1971 Hon. Mayor and City Council On September 21, 1971, Erwin Vierkant of 1370 Kaufman, this city, filed claim against the City of Dubuque claiming damages in the amount of $500.00 allegedly resulting from golf balls off the Bunker Hill Golf Course striking the aluminum siding of his house and patio cover. This matter was referred to the pertinent City Agency who has af- fected a settlement satisfactory to all parties, and it is therefore the recommendation that the claim of Erwin Vierkant be denied. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas -- Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of claim of All State in the amount of $401.24, for car damages paid their insured, Rob- ert Slaatz, for an accident which occurred on November 5, 1971, due to a hole in the street, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Notice of Suit of Agnes M. Ter- ry, in the amount of $10,000 for personal injuries received in a fall on an icy sidewalk at 658 W. Third Street on February 23, 1970, presented and read. Councilman Pregler moved that the notice of suit be referred to the City At- torney for investigation and re- port. Seconded by Councilman Mol- denhauer. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays None. Communication of Dubuque County Democratic Club urging ratification of revised city pre- cinct map and advising the citizens thereof, Councilman Pregler moved that the comunication be received and filed. Seconded by Council- man Bitter. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays --None. ORDINANCE NO. 62-71 An Ordinance establishing pre- cincts, designating polling places and concerning the conduct of elections within the City of Du- buque, Iowa, presented and read. Councilman Moldenhauer moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Councilman ,1 Special Session, December 20, 1971 513 Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays—None. Councilman Moldenhauer moved that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. ORDINANCE NO. 62.71 AN ORDINANCE ESTABLISHING PRENG CPLACES ANDCONCERNING TD NPOLL.ATING THE TIONS WITHINOTHCITY OF DU DE OBUQUE IOWA INDEX Section 1. Definitions. 2. Wards Abolished. 3 Precincts Established. 4. Poling Places Estab.ished 5.Correcticn of Errors 6. Publication of Changes 7. Election Moratorium. 8. Repealer 9. Severability. 10. Effective Date. NOW THEREFORE BE to OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. DEFINITIONS. For the Purposes of this Ordinance, unless the context otherwise requires: a. "Annexed Territory" means ter- ritory annexed to the City of Du- buque after Census Day. b. "Avery's Point" means the south- west corner of the northwestquarter of the northeast quarter, of Section Twen nent(89)anor(28) th afngewtwo township 2)Igeast of the Filth (5th) Principal Meridian, which is a point uP3n the Corporate Limits t ands north ofPennsylvania he Illllnolsi Central Railroad tracks. c. "Biasl's Point" means the inter- section of the eastern property line of Mercy Hospital with Dodge Street, which Is a point near or at the ex- tension of Union Street to Dodge Street. d. "Census Day" means April 1, 1970, the official date of the 1970 United States Decennial Census. e. "City of Dubuque" includes all territory within the Corporate Limits and All Annexed Territories. I. "Commissioner of Electlons" means he City Clerk. g. "Corporate Limits" means the Corporate Limits of the City rf Du - Limits odoCnot uembarace theCAnnerxed Territories. h. "Froirimelt's Bluff" means acer- tain bluff which is east of Pinard Street and west of Marquette Puce. 1. ,Furuseth's Point" means the intersection of the southern property line of Bunker Hill Golf Course with North Grandview Avenue, north of Ungs Street, near Kehl's Point. I "Gearhart's Point,' means a puint seven hundred rate Limits and twentv-n Which feet, more or less, south and six hum ed and less, west of i the ve northeast leet, more orheast corner of the qarter of section twelve (12)nofsttowuship eighty-nine (89) north, range two (2) east of the Fifth Principal Meridian, which Is a point near or at the northwest corner of Mount Ca:vary Cemelerv. k. ' Harlan's Point" means a point dreduuth ('00) feet, Grandview or Mess, Avenue westuOf Ridge Street, near Wilson's Point. I. 'Kehl's Point" means the Inter- section of the southern Property line of Clarke College with North Grand- view Avenue, north of Ling's Street, near Furuseth's Point. m. "Kelly's Bluff" means a certain bluff which is west of Bluff Street and north of Dodge Street. n. "Lake Feasts Channel" means the waterway between the malor PDr- tion of the City of Dubuque and That island known as Hamm Island or City Island. C). "Legislative District" means a district represented by a member of the House of Representativesof the General Assembly of the State of Iowa, as established by Chapter 95, Acts of the Sixty-fourth (64th) General Assembly, First Session (1971 par- ticularly in Sections 95.4(34), 5.4(35) and 95.4(36) thereof. P. Points of the compass are ap- proximate unless otherwise stated. q. "Street" or similar language means the center line of the right -of - we Y, and a straight extension of that center line. r. A:I names, boundaries, lines, fea- tures, and fixtures are to be con- strued as they existed on Census Day. s. Wilson's Point" means the in- tersection of the Illinois Central Rail- road tracks with the middle fork of Catfish Creek, south of Dubuque Country Club, near Harlan's Point. Section 2. WARDS ABOLISHED. Election Wards within the City of Dubuque are hereby abolished. Section 3. PRECINCTS ESTAB. LISHED. The City of Dubuque is hereby divided into twenty-five (25) Prec .ncts as fol',ows: 1. The First Precinct shall consist of that territory bounded by a line as follows: Beginning at the intersection of Thomas Place and northwesterly ex. tension of Ann Street, north along Thomas Pace to Ascension Street, easterly along Ascension Street to Lincoln Avenue, south along Lincoln Avenueto Dock Street, east along Dock Streetto the easternmost tracks of the Milwaukee Railroad, south along said tracks to Fengler Street, vard to t east along to the u is a on I and S to r y, ry noun, -,r - -- -_- Fifth Principal Meridian, south along said section line to a northwestward extension of Ann Street, southeast along said extension of Ann street to Thomas Place, the place of beginning, all of whidi Is a part of the Thirty- sixth (36th) Legislative District. 2. The Second Precinct shall con- ine as that territory bounded by a i Beginning at the Intersection of Thomas Place and the northwesterly extension of Ann Street, which Is a point upon the boundary of the First ace tofeStafford street north along homes on9 Staf- ford Street to Hennepin Street, west along Hennepin Street to first alley east of Windsor Avenue, south to alley between Hennepin and Ries Street, west to Windsor Avenue, south west ong Avenue tstreet zto Queen Street, south along Queen Street, to Henry Street, west along Henry Street extended to base of From - melt's Blufff, norm along Frommelt's Bluff iD the Corporate Limits, general. Bl east a:onp the corporate Limits to Gearhart's Point, which is a point upon the boundary of the First Pre- cinct, south along the western boun- 514 Special Session, December 20, 1971 dory of the First Precinct to the in- tersection of Thomas Place and the northwesterly extension of Ann Street, Ise aobtenrall h aprt of the Thirty-sixth (36thI Legislative District. 3. The Third Precinct shall consist of that territory bounded by a line as fol lows: Beginning at the Intersection of Thomas Place and Stafford Street, which is a point upon the boundary of the Second Precinct, south along Thomas Place to Windsor Avenue, RegentesStreet, southwest alongaRe- gent Street to Prince Street, south- east along Prince Street extended to Thomas Place, south along Thomas Place to Kniest Street, east along Kniest Street to the easternmost tracks of the Milwaukee Railroad, north along the easternmost tracks of the Milwaukee Railroad to Fengler Street, which Is a point upon the boundary of the First Precinct, then north, west, and south along the bouPrecincts of to theFirst FI Intersectioncoof Thomas Place and Stafford Street, sich a ep)part oof thenninThlrty-sixth (36th) Legislative District. A. The Fourth Precinct shell con- sist of that territory bouhded by a line as follows: Beginning at the Intersection of Frommelt's Bluff and the Corporate Limits, which is a point upon the boundary of the second Precinct, west along the Corporate Limits to — ...r.rn mnct tracks of the Chi- a to Othe boundarles of the Third and 6Second Precincts to the place of be- ThIrly sixth (36th) Legislative District S. The Fifth Precinct shall consist of that territory bounded by a line as follows, Beginning at the Intersection of Kaufmann Street and Central Avenue, south alongieth (( Central Avenue to East Tweneast along East tT entiethh(201h) Street to White Street, south along White Street to East Seventeenth (17th) Street, west along East Seventeenth (17th) Street to Catherine Street, north along CatherineStreet to Quigley Lane, west along Quigley _Lane to Pierce Street: along Clarke Drive to Schroeder Street, north along Schroeder Street to Lowell Street, west along Low- ell Street to Hempstead Street, north along Hempstead Street to Kaufmann Street, then east along Kaufmann Street to Central Avenue, the place of beginning all of which is a part of the Thirty-sixth (36th) Leg- islative District. 6. The Sixth Precinct shall consist of that territory bounded by a line as follows: Beginning at the Intersection of the Lake Peosta Channel with the main channel of the Mississippi River, which Is a point upon the boundary of the First Precinct and the Cor- porate Limits, south along the Cor- porate Limits to the Illinois Central Railroad bridge, west along the Illi- nois Central Relfroad tracks to a point near East Sixth (6th) Street and the extension of Jackson Street to West Severn west along West Street to White Street, which Is a point upon the bcundary of the Fifth Precinct, north along the boundary of the Fifth Pre- cinct to East Twentv-second (22nd) Street and Central Avenue, north along Central Avenue to East Twenty- fourth (24th) Street, which is a point upon the boundary of the Fourth Precinct, then east along the bounda- ries of the Fourth, Third, and First Precincts to the place of beginning, all of which is a part of the Thirty- sixth (36th) Legislative District. 7. The Seventh Precinct shall con- sist of that territory bounded by a line as follows: Beginning at the Intersection of the Illinois Central Railroad bridge and extension of along the ex Point to Kely's blurt, east arra norm along Kelly's Bluff to West Third (3rd) Street, east along West Third (3rd) Street to Bluff Street, north along Bluff Street to West Eighth (Bth) Street, west along West Eighth (lith) Street to University Avenue, north along University Avenue to West Ninth (9th) Street, east along West Ninth (9th) Street to Bluff Street, north along Bluff Street to Loras Boulevard, east along Loras Boulevard to White Street, north along White Street to East Seventeenth (17th) Street which Is a point upon the boundary of the Sixth Precinct, then east and south along the boun- dary of the Sixth Precinct to the place of beginning, all of which is a part of the Thirty-sixth (36th) Legis- lative District. S. The Eighth Precinct shall con- sist ofthat territory bounded by a line as follows: Beginning at the intersection of West Eighth (OMI Street and Uni- versity Avenue wh ch is a point uppoon the boundary of Me Seventh Pre• cinct, west along University Avenue to Nevada Street, south alongNevada Street to West Fifth (5th) Street, east along West Fifth (Sth) Street to Hill Street, north along HIII Street to Burch Street, south along Burch Street to West Third (3rd) Street, east4l West Third (3rd) Street to the boundary of the Seventh Precinct, then north along the boundary of the Seventh Precinct to the place of be- gginning, all if which Is a Part of the Thirty-sixth (36th) Legislative District. 9. The Ninth Precinct shall consist of that territory bounded by a line as follows: Beginning at the intersection of West Fifth (Sth) Street and Nevada Street, which Is a point upon the boundary of the Elehth Precinct, south along Nevada Street to West Third (3rd) Street, west along West Third (3rd) Street to North Grand- view Avenue, north along North Grandview Avenue to Loras Boule- vard, east along Loras Boulevard to Prairie Street, south along Prairie 10. The Tenth Precinct shaft cow 51st of that territory bounded by a line as follows: Beginning at Blast's Point on Dodge Street, which is a Point upon the boundary of the Seventh Precinct, west along Dodge Street to Hill Street, south along HIII Street to Curtis Street, west along Curtis Street to Booth Street, south along Booth Street to South Grandview Avenue, north along South Grandview Avenue and North Grandview Ave- nue to West Third (3rd) Street which Is a Point upon the boundary of the Ninth Precinct, then east along the boundaries of the Ninth, Eighth, and Seventh Precincts to Blast's Point, the Place of beginning, all of which Is JIM Special Session, December 20, 1971 515 a part of the Thirty-sixth(361h) Leg- islative District. 11. The Eleventh Precinct shall con sist of that territory bounded by a line as follows: Beginning at the Intersection of Booth Street and South Grandview Avenue, which is a point upon the boundary of the Tenth Precinct, south along South Grandview Avenue to Whelan Street, southwest along Whelan Street to Bradley Street, southeast along Bradley Street to Rider Street, northeast along Rider Street to South Grandview Avenue, southeast along South Grandview Ave. nue to Bryant Street, north along Bryant Street to Mount Loretta Ave. nue, east along Mount Loretta Ave- nue to Saint George Street, southeast along Saint George Street to Tressa Street, east along Tressa Street to Samuel Street. southeast along Samu- el Street to Southern Avenue, north east along Southern Avenue to Rail- road Avenue, which is a point upon the boundary of the Seventh Precinct, then north and west along the boun darles of the Seventh and Tenth Pre- cincts to the place of beginning, all of which Is a hart of the Thirty-sixth (36th) Legislat ve District. 12. The Twelfth Precinct shall con- sist of that territory bounded by a line as follows: Beginning at the Intersection of Rider Street and Bradley Street, which is a point upon the boundary of the Eleventh Precinct, east along the boundaries of the Eleventh and Seventh Precincts to the Corporate Limits, south and west along the Corporate Limits past the middle fork of Catfish Creek to the Illinois Cen- tral Raiiroad tracks, north along said east rmfrom Wilson's Po tracks to n intto Point north- east Ian's Point, north along South Grand- view Avenue to Perry Street, west along Perry Street to Rider Street, then north along Rider Street to the place of beginning, all of which is e dart of the hirtv•fHth (35th) Legis - 13. The Thirteenth Precinct shall consist of that territory bounded by a line as follows: Beginning at the intersection of North Grandview Avenue and West Third lard) Street, which is a point upon the boundary of the Tenth Pre. cinct, south along the boundaries of Me Tenth, Eleventh, and Twelfth Precincts end north among Corporate Corporatte Limits to Dodge Street, east along re Dodge Stet to Collins Street, north along Collins Stppreet to Lombard reet to South Algona st nStreet, north rd along 53rd) Street thene1east along WeWest st Third (3rd) Street to the place Of beginning, all of which Is a part of the Thirty•Ilfth (35th) Legislative District. 14. The FourteenthPrecinct shall consist of that territory bounded by a line as follows: Beginning at the Intersection of the. whicchrise athe Limits point upon Dodge of the Thirteenth Precinct, wast along the Corporate Limits to Kennedy Road, north along Kennedy Road to University Avenue, east along Lint. varsity Avenue to Ethel Street, east along Ethel Street to New Haven Street east along New Haven Street to Mineral Street, east along Min- eral Street to Finley Street, north neat1aStreet University ave. ufles,ongUnvsty Avenue to Irving Street, north along Irving Street to Decorah Street f to Avocat Street, along o th along Avuca Street to Delaware Street, east along Delaware Street to North Grandview Avenue, south along North Grandview Avenue to West Third (3rd) Street, which Is a point upon the boundary of the theirteenth boundaryPrecinct, the t Thn west a lon Thirteenth Pre tinct to the place of beginning, alt of which Is a part of the Thirfv-tiltb (35th) Legislative District. 15. The Fifteenth Precinct shall consist of that territory bounded by a line as follows: Loras Boulevard and Cox Street, which Is a point upon the boundary of the Ninth Precinct, north along Cox Street to West Seventeenth (171h) Street, east along West Seventeenth (17th) Street to Catherine Street, which Is a point upon me boundary of the Fifth Precinct, then east, south, and west along the boundaries of the Fifth, Seventh, Eighth, and Ninth Precincts to the place of beginning, ell of which Is a part of the Thirty- fifth (35th) Legislative District. 16. The Sixteenth Precinct shall con- sist of that territory bounded by a line as follows: Beginning at the intersection of Delaware Street and North Grandview Avenue, which is a point upon the boundary of the Fourteenth Precinct, north along North Grandview Avenue to Audubon Street, north along Au- dubon Street to Rosedale Avenue, east along Rosedale Avenue to the eastern property line of DubuyplE Senior High School, north along ttte eastern property line of Dubuque Senior High School to Weat Locust Street, east along West Locust Street to the eastern property line of Clarke Colege, north and west along the property line of Clarke College, across Clarke Drive to North Grand. view Avenue, north along North Grandview Avenue and Its eastern fork to Kaufmann Street, east along Kaufmann Street to Hempstead Street, which is a point uron the boundary of the Fifth Precinct, then south and west along the boundaries of the Fifth, Fifteenth, Ninth, and Fourteenth Pro- tincts to the place of beginning, all of which is a part of the Thirty-fifth (351h) Legislative District. 17. The Seventeenth Precinct shall consist of that territory bounded by a line as follows: Beginning at the Intersection of Finley Street and University Avenue, which is a point upon the boundary Avenue, west along Pennsylvania Avenue to the western boundary of Flora Park, north along the western boundary of Flora Park to Saint Anne Drive, west along Saint Anne Drive to Chaney Road, north along Chaney Road to Hillcrest Road, west along H16crest Road to Deborah Drive, north along Deborah Drive to Carter Road, north along Carter Road to Asbury Road, east along Asbury Road to Clarke Drive, east along Clarke Drive to Bunker Hill Road, north along Bunker Hill Road to Fairway Drive, east along Fair- way Drive and the Property Ilne_.ol Point, which Is a point on North Grandview Avenue, north along North Grandview Avenue to Kehl's Point which Is on the southern property line of Clarke College, east along the southern property tine of Clarke Col- lege 10 Clarke Drive, south along C ark, Drive to West Locust Street, east along West Locust Street to the boundary of the Sixteenth Precinct, then south and west along the boun- daries of the Sixteenth and Four- teenth Precincts to the place of be- ginninpp all OWhich is a part of Me Tl irty-filtf h (35th) Legislative District. 1B. The Eighteenth Precinct shall consist of that territory bounded by a line as follows: Beginnln at the Intersection of Hllicrest f oad and Deborah Drive, which is a point upon the bounder along Deborah Drive to uerr east along Jeffrey Drive Road, south 810ng Avalon Saint Anne Drive, west a e Drive to Churc along Churchill Driventol P i Avenue toeVanaeurrenPB' south from that interseclk versify Avenue, which is a the boundary of the Fourt tinct, then east and north Seventeenth 01 Precincts tort of the Thlrrly fifth 1135th) DIs1rIC1. 516 Special Session, December 20, 1971 a a ). The Nineteenth Precinct shall list of that territory bounded a line as follows: eginning at the Intersection of HIII- st Road and DeborahDrive, which a point upon the boundary of the thteenth Precinct, south along the stern boundaries of the Eighteenth I Fourteenth Precincts to the •porate Limits, west and north ng the Corporate Limits to Avery's nt, north from Avery's Point to 9nsylvania Avenue, east along insylvania Avenue to Vizaleea Ive, north along Vizaleea Drive Keymont Drive, east along Key- nt Drive to Keyway Drive, north on npa HIDIIcresttoRoad rtot Saintt, John ive, north along Saint John Drive Graham Circle, east along Graham -cle to West Way, east along West iv to Key Way, east along Key iv to Kennedy Road, north along along the boundary of ). The Twentieth Precinct shall slst of that territory bounded by ine as follows: eginning at the Intersection of ssy Drive and Asbury Road, which a point upon the boundary of the ieteenth Precinct, west and south ng the boundary of the Nineteenth fclnct to the Corporate Limits, st and north along the Corporate nits to Asbury Road, east along 3ury Road to Benson Road, north ng Bonson Road to Kaufmann eat, east along Kaufmann Street Martin Drive, south along Mar tin lye to Thad& Drive, west along eda Drive to Crissy Drive, then ith along Crissy Drive to the place mel Thirty-fiftall h f(35htht)his Legislpart tive itrlct. 1. The Twenty-first Precinct shall tsist of that territory bounded by line as follows: leginning at the Intersection of bury Road and Carter Road, which apoint upon the boundary of the leteenth Precinct, west along the ;ndarles of the Nineteenth and entieth Precincts to the Corporate Thirty-second 32nd) Street, east along WestThirty-second (32nd) Street to Carter Road, south along Carter Road to Kane Street, east along Kant Street to Chaney Road, south along Chaney Road to Kauf- mann Street, west along Kaufmann Street to Carter Road, then south along Carter Road to the place of beginning, all of which is a part of the Thirty-flfth (35th) Legislative District. 22. The Twenty-second Precinct shall consist of that territory bounded by a line as follows: Beginning at the Intersection of fine Wnd) street, west irty-second (32nd) )rth Grandview Avenue, Vorth Grandview Avenue Street, east along Kauf- to the east fork of North ,venue, which is a point to a 23. The TwentY-third Precinct shall consist of that territory buunded by a line as follows: Beginning at the Intersection of West Thirty-second (32nd) Street and Saunders Street, which is a point upon the boundary of the Twenty- second Precinct, west, south, and east along the boundaries of the Twenty- second and Sixteenth Precincts to the bluff at Kaufmann Street and Valeria Street; east, southeast and north along the top of said bluff to Fulton Street, north along Fulton Street to King Street, east along King Street to Broadway Street, west and north along Broadway Street to West Twenty-eighth (28th) Street, east a ong West Twenty-eighth (28th) Sheet to Davenport Street, north west alono Davenport Street and an extension of Davenport Street to Saunders Street, then northeast along Saunders Street to West Thirty-second (32nd) Street, the place of beginning, all of which Is a part of the Thirty - 24. The Twenty-fourth Precinct shall consist of: a. That territory bounded by a line as follows: Beginning at the western Intersec- tion of the Corporate Limits and the boundary of the Fourth Precinct, south, west, and north along the boun- daries of the Fourth, Sixth, Fifth, Six- teenth, Twenty-third, and Twenty-sec- ond Precincts to the Corporate Limits, then east along the Corporate Limits to the place of beginning, all of which is a part of the Thirty-fourth (34th) Legislative District. b. All Annexed Territories north of Dodge Street, all of which are a part of the Thirty-fourth (34th) Legislative District. 25. The Twenty-fifth Precinct shall consist of all Annexed Territories south of Dodge Street, all of which are a part of the Thirty-fourth (34th) Legls.etive District. Section 4. POLLING PLACES ES- TABLISHED. The fol owing places are hereby established as the polling places for each of the precincts es- tablished by this Ordinance. 1. The Poling Place for the First Precinct shall be at Marshall School, 1450 Rhomberg Street. 2. The Poling Place for the Second Precinct shall be at Christensen's Greenhouse, 2635 Windsor Avenue. 3. The Polling Place for the Third Precinct shall be at Audubon School, 535 Lincon Street. 4. The Polling Place for the Fourth Precinct shall be at Fulton School, 2540 Central Avenue. 5. The Polling Place for the Fifth Precinct shal. be at the Fire Station at West Eighteenth Street and Central Avenue. 6. The Polling Place for the Sixth Precinct shall be at the City Garave. 925 Keeper Boulevard. 7. The Polling Place for the Seventh Precinct shall be at the Dubuque County Courthouse, 720 Central Ave- nue. 8. The Polling Place for the Eighth Precinct shall be at Lincon School, 110) West Fifth Street. 9. The Polling Place for the Ninth Precinct shall be at Lincoln School, 1101 West Fifth Street. 10. The Polling Place for the Tenth Precinct shad be at the Nurses Home of Mercy Hospital, 252 Peabody Street. IL The Poling Place for the Eleventh Precinct shall be at Bryant School, 1280 crush Street. 12. The Poling Place for the Twelfth Precinct shall be at the Fire Station at 689 South Grandview Ave- nue. 13. The Polling place for the Thirteenth Precinct shall be at Wash- ington Junior High School, 51 North Grandview Avenue. 14. The Poling Place for the Four- teenth Precinct shall be at the Fire Station at University Avenue and Atlantic Street. 15. The Polling Place for the Fif- teenth Precinct shall be at Central School, 1500 Locust Street. 16. The Polling Place for the Six- teenth Precinct shall be at Jackson School, 715 West Locust Street. 11. The Polling Place for the Seven- teenth Precinct shall be at Dubuque Senior High School, 1800 Clarke Drive. 18. The Polling Place for the EIph- feenth Precinct shall be at Irving School, 2520 Pennsylvania Avenue. 19. The Polling Place for the Nine- teenth Precinct shall be at Kennedy School, 2135 Woodland Avenue. 20. The Polling Place for the Twenti- eth Precinct shall be at Hempstead High School, 3715 Permsylvanla Ave- nue. t Special Session, DeceMbl r 20, 1971 517 tl. The Polling Place for the Twenty - irst Precinct shall be at Eisenhower cho01, 3170 Spring Valley Road. 22. The Polling Place for the Twenty- econd Precinct shad be at Wahlert flgh Schoo!, 2005 Kane Street. 23. The Polling Place for the Twenty. hird Precinct shall be at Wahlert sigh School, 2005 Kane Street. 24. The Polling Place for the Twenty- 'ourth Precinct shall be at Holy host School. 2981 Central Avenue. 25. The Polling Place for the Twenty- fifth Precinct shall be at Table Mound School, 2211 Rockdale Road. Section 5. CORRECTION OF ER- RORS. If this Ordinance fails to place any part of the City of Dubuque with- in a precinct established by this Ord- nance, the Commissioner of Elections shall assign the omitted area to an Adjacent Precinct within the same Legis'ative District, 11 his Ordinance places any Part of the City of Du- buque in mere than one Precinct es. tablished by this Ordinance. the Com- missioner of Elections shall assign that territory to an adjacentprecinct within the proper Legislative District. The Commissioner of Elections may also correct obvious clerical errors in this Ordinance. Section fi. PUBLICATION OF CHANGES. The Ccmmissioner of Elections Is hereby directed to Pub- lish notice of the boundaries and poll- ing Places Pursuant t0 aw. He shall also certify a copy of This Ordinance, and a map drawn in conformance thereto, to the Secretary of State before December 31, 1971. Section 7. ELECTION MORATOR- IUM To a.low the commissioner of Elections the time necessary to modi- fy voter registration records neces- sary to the conduct of elections so that said records reflect the pre tincts established by this Ordinance, i no election shall be held n the City of Dubuquewithin the ninety (90) days following the effective date of this Ordinance. The Commissioner of Elections is hereby directed to give notice of this section to the Dubuque County Board of Supervisors and to the Dubuque Community School Dis- trict Board of Directors. Section 8. REPEALER. Ordinance Number 7.19 is hereby repealed. All nhcordinances, isr iontictwith this Ordinance are void to the extent of such conflict. Section 9. SEVERABILITY, if any section of this Ordinance is adjudged 10 be unconstitutional or otherwise un- lawful, only that section so adjudged shall be void, and to that extent the sections 01 this Ordinance are de Glared t0 be severable. Section 10. EFFECTIVE DATE. This Ordinance shall become effective on December 31, 1971. Pa sp approved, 1 d 971 pied this20 hday ofDec Gaylord M. Couchman Mayor Walter A. Pregler Wayne A Moldenhauer Dona,h j g teeerJoseps Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in The Telegraph Herald Newspaper this 31st day of December, 1971. Leo F. Frommelt City Clerk. wks. 12/31/71; 1/7, 1/14/72 A-Thon on April 15, 1972. Coun- cilman Pregler moved approval of the petition and referred to the City Manager for implementation. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Lyle J. Whalen re- questing permission to construct a self-service car wash at 1277 Elm Street, entering on Elm street and exit through the alley at the rear, presented and read. Councilman Pregler moved that the petition be referred to the Manager and staff for investigation and report. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Petition of Dubuque County Chapter March of Dimes request- ing permission to conduct a Walk- Petition of Florence Herburger requesting a refund of $250 on the unexpired portion of Liquor License No. C-1554, as she has dis- continued business on November 15, 1971, 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 Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice of levy of Special Assessment and inten- tion of the City to issue bonds to pay for assessed cost of construct- ing the Peru Road -Davis Street Sanitary sewer from R. R. tracks cast to Lot 2 of George Nigg's Subdivision, presented and read. No written objections were filed and no oral objectors were present iii the Council Chamber at the time set for the hearing. Councilman Meyers mo ebe t ret the proof of publication ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. 518 Special Session, December 20, 1971 Statement of City Clerk certify- ing that notices of levy were mailed by certified mail on No- vember 17, 1971 to property own- ers of record and subject to as- sessment to pay for cost of con- structing the Peru Road -Davis Street sanitary sewer, presented and read. Councilman Meyers moved that the statement be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Statement of Bernard E. Necas, a member of the Engineering De- partment, certifying that notices of levy were posted in the assess- able area of Peru Road, Davis street sanitary sewer on Decem. ber 14, 1971, presented and read. Councilman Meyers moved that the statement be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTIONS NO. 376-71 Schedule of Assessments RESOLVED by the City Council of the City of Dubuque, Iowa; that to pay for construction of Peru Road -Davis Street Sanitary Sewer 1970 from the Railroad Tracks east to Lot 2 of George Nigg's Subdivision by Tschiggfrie Exca- vating, contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule. Schedule of Assessments PERU ROAD - DAVIS AVENUE SANITARY SEWER Donald J. & Eleanor J. Dug- gan, Lot 138, Belmont Addition . ............................ 457.0E Donald J. & Eleanor J. Dug- gan, Lot 139, Belmont Addition ............................ 457.0E Steve E. & Sandra J. Bahl, Lot 141, Belmont Addi- tion...................................... 932.4: Richard & Charlotte M. Tigges, Lot 140, Belmont Addition ............................ 457.08 Frank L. & Eleanor Bow- den, Lot 2, Bowden Place 511.93 C. B. Trewin Inc. (cont. Rehfeldt), Lot W.13'-7, Fischer Subdivision ........ 118.84 C. B. Trewin Inc. (cont. Rehfeldt) Lot 8, Fischer Subdivision ........................ 365.67 C. B. Trewin Inc. (cont. Rehfeldt), Lot 9, Fischer Subdivision ........................ 365.67 C. B. Trewin Inc. (cont. Rehfeldt, Lot 10, Fischer Subdivision ........................ 365.67 Anthony L. Besler, Lot 1, George Nigg's Subdivi- sion ....................................2,571.90 Mettel Realty & Inv. Co. (cont. Bryson), Lot 72, O'Neill's Riverview Sub. 365.67 Mettel Realty & Inv. Co. (cont. Bryson), Lot 73, O'Neill's Riverview Sub. 378.46 Mettel Realty & Inv. Co. (cont. Bryson), Lot W.2% 2.74, O'Neill's Riverview Sub. .................................... 18.28 Arthur J. & Stella L. Reu- ter, Lot E. 1'-2-74, O'Neill's Riverview Sub. 9.15 Arthur J. & Stella L. Reu- ter, Lot 1-74, O'Neill's Riverview Sub . ................ 351.04 Arthur J. & Stella L. Reu- ter, Lot 2-75, O'Neill's Riverview Sub . ................ 137.12 John & Rosemary Sanner, Lot 1-75, O'Neill's River- view Sub . .......................... 319.96 John & Rosemary Sanner, Lot 2.76, O'Neill's River- view Sub . .......................... 201.12 Harold W. & Dorothy M. Burgess, Lot 1-76, O'Neill's Riverview Sub . ................ 255.97 Harold W. & Dorothy M. Burgess, Lot 1-77, O'Neill's Riverview Sub . ................ 265.11 Harry F. & Geraldine Van- denberg, Lot 2-77, O'Neill's Riverview Sub . ................ 191.97 Harry F. & Geraldine Van- denberg, Lot 1-78, O'Neill's Riverview Sub . ................ 329.10 Robert L. & Patricia A. Prine, Lot 2-78, O'Neill's Riverview Sub . ................ 127.98 Robert L. & Patricia A. Prine, Lot 1-79, O'Neill's Riverview Sub . ................ 393.09 Special Session, December 20, 1971 519 Leo P. & Mathilda M. Ma- 1,795.2 Lin.ft. 8" VT Pipe nahl, Lot 2-79, O'Neill's (h 5.25 ............................$9,424.80 Riverview Sub . ................ 63.99 5.61 Lin.ft. Manhole Side - Leo P. & Mathilda M. Ma- wall 0) 22.001,223.42 .................. nahl, Lot 80, O'Neill's 5 No. of Manhole Bases Riverview Sub . ................ 457.08 6t 50.00..................... ..... 250.00 Phyllis Jones, Lot 104, 5 No, Manhole Ring & O'Neill'- Riverview Sub. 457.08 Covers 01 60.00 300.00 Phyllis Jones, Lot 103, ............ O'Neill's Riverview Snb. 457.08 24 No. of 6"x8" VT Pipe Phyllis Jones, Lot W.7'-102, Wye (a 10.00 ................ 240.00 O'Neill's Riverview Sub. 63.99 528.6 Ton 9/4" Rolled Walter P. & Geneve M. Stone Base Cd' 3.00 ...... 1,585.80 Block, l.ot N.70'-170, Bel- 405.00 Lin.ft. Storm Sew- mont Addition .................. 274.25 er Ditch Renovation Walter P. & Geneve M. 2.00 .................................. 900.00 Block. Lot N.70'-170. Bel. 3940.0 Sq.yd. Seeding mont Addition .................. 639.91 0.15, ................................. . 591.00 12,360.77 230.0 Sq.yd. Sodding Cpl 0.90 .................................. 207.00 *Outside City Limits -City 2,166.15 Sq.yd. Seal Coat. Share ..................................4.909.07 (6, 0.45974.77 ............................ Total ............................17,269.84 $15,696.79 Out,zide City Limits -City Eng. 9.54% ................ 1,459.68 Share 5%-52 days .............. 113.37 Vincent H. & Emma H. Timne, Lot 11, Fischer $17,269.84 Subdivision ........................ 365.67 Passed, adopted and approved Vincent H. & Emma H. this 20th day of December 1971. Timpe, Lot 12, Fischer 365.67 Gaylord M. Couchman Subdivision .. ... Mayor Dubuque County. Lot I. Fischer Subdivision ........ 365.67 er A. Pregler Wayne Nicholas J. Kopp (cont. W A. Moldenhauer Albert), Lot 2, Fischer Donald R. Meyers Subdivision ........................ 365.67 Joseph A. Bitter Arnold & Lucille Maus. Lot Councilmen 1, Bowden Place .............. 653.63 Attest: Leo F. Frommelt Emil P. & Armella Meyer, Clerk Lot 108, O'Neill's River, view Sub . .......................... 571.35 Councilman Pregler moved adop- Phyllis Jones, Lot 107, tion of the resolution. Seconded O'Neill's Riverview Sub. 457.08 by Councilman Meyers. Carried by Phyllis Jones, Lot 106, the following vote: O'Neill's Riverview Sub. 457.08 yeas - Mayor Couchman, Coun- Dick Jr. & Carol A. Tiet- cilmen Bitter, Meyers, Moldenhau- gen, Lot 105, O'Neill'- 457.08 er, Pregler. Riverview Sub . ................ Nays -None. Robert H. & Helen J. Web. Lot 102 -Ex -W. 7', Proof of Publication, certified ster, O'Neill's Riverview Sub. 393.08 to by the Publisher, of notice of Robert 11. & Helen J. Web. public hearing to authorize the is- ster, Lot W. 'fi lUl, Sub. 228.54 suance of sewer bonds in the amount of $12,360.77 for the pur- O'Neill's Riverview pose of paying cost of Peru Road Robert H. &Helen J. Web, Davis Street sanitary sewer ster, W. 10' . 101, O'Neill's Riverview Sub. 91.42 - from of rail George Nigg s s tracks east t - Robert H. &Helen J. Web, 2t sion, presented and read. ster, E. 15' t Pregier movedthat O'Neill'- Riverview Sub. 137.13 the °°oof of publicatiocilman n re' $4,909.07 ceived and filed. Seconded by 520 Special Session, December M 1971 Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 377-71 Resolution providing for the is- suance of Sewer Improvement bonds for the purpose of pro- viding for the payment of the assessed cost of THE PERU. DAVIS STREET SANITARY SEWER -1970. Whereas the contract hereto- fore entered into by the City of Dubuque, Iowa, for the improve- ments hereinafter described has been completed and the City Man- ager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereof and has deter- mined that $12,360.77 Dollars of the cost thereof shall be assessed against the property subject to as- sessment therefore; 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 TIiEREFORE 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 Peru Road - Davis Street Sanitary Sewer - 1970—from the railroad tracks east to Lot 2 of George Nigg's Subdivision, there shall be issued sewer improvement bonds in the amount of $12,000.00 in an- ticipation of the deferred payment of assessments levied for such im. provement. 2, Such bonds shall be called sewer improvement bonds; and shall bear the date of January 20, 1972; and shall be numbered con- secutively; and they shall be num- bered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: Series Bond Denomination No. No. Maturity 1 1896-1898 $500.00 April 1, 1972 2 1899-1901 $500.00 April 1, 1973 3 1902-1904 $500.00 April 1, 1974 4 190-1907 $500.00 April 1, 1975 5 1908-1909 $500.00 April 1, 1976 6 1910-1911 $500.00 April 1, 1977 7 1912-1913 $500.00 April 1, 1978 8 1914.1915 $500.00 April 1, 1979 9 1916.1917 $500.00 April 1, 1980 10 1918-1919, $500.00 April 1, 1981 3. Said bonds shall bear interest at the rate of seven per cent per annum, payable semiannually in accordance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable in any way. except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No. ........................................................ SeriesNo . .......................................... CITY OF DUBUQUE Sewer Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, the sum of five hundred dollars with interest thereon at the rate of seven per cent per annum, payable semi-annually, on the pre- sentation and surrender of the in- terest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on the twentieth day of December, 1971 being Resolution No. 377-71. This Bond is one of a series of 24 bonds, all for $500.00 numbered from 1896 through 1919, all of like tenor and date, and issued for the purpose of providing for the pay- ment of the cost of the Peru Road - Davis Street Sanitary Sewer -1970 —from the railroad tracks east to Lot 2 of George Nigg's Subdivi- sion, as described in said Reso- lution, in said City, which cost is Special Session, December 20, 1971 521 payable by the abutting and adja- cent 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 As- sessment Fund 1288 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, 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 countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 20th day of December, 1971. .................................. I ........... ........... Mayor ..............................I ........................... 3' Clerk (SEAL) (Form of Coupon) On the .......... day of ..................... the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of Dollars, in the office of the City Treasurer in the City of Dubuque, being .......... months' in- terest due that date on its ............ Bond No........... dated ..................... ....................... Mayor .. .................................. ...................... City Clerk 6. That the Mayor and City Clerk be and they are hereby in- structed to cause said bonds to be prepared and when so pre- pared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that pur- pose 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 1288 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 after the payment of interest due, the City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by reg- ular United States mail addressed to the last known address of the purchaser. Passed, adopted and approved this twentieth day of December 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Proof of Publication, certified to by the Publisher, of notice to contractors of receipt of propos- als for the construction of John F. Kennedy Road sanitary sewer from Spring Valley Road north- east side, presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. December 16, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10:00 A.M. C.S.T., Thursday, 522 Special Session, December 20, 1971 December 16, 1971 for the John F. Kennedy Road Sanitary Sewer from Spring Valley Road, North. East Side. The lowest bid was entered by Tschiggfrie Excavating of Du- buque, Iowa. Their bid was 1.21 above Engineer's esitmate. I recommend that the contract for the improvement be awarded to the Tschiggfrie Excavating. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved to concur in the Manager's recom- mendation. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mavor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (Awarding Contract) RESOLUTION NO. 378-71 WHEREAS, sealed proposals have been submitted by contrac- tors for the John F. Kennedy Road Sanitary Sewer, from Spring Val- ley Road, North --East Side pur- suant to Resolution No. 330-71 and notice to bidders published in a newspaper published in said City on November 19, 1971 and Novem- ber 26, 1971; and WHEREAS, said sealed propos- als were opened and read on De- cember 16, 1971, and it has been determined that the bid of Tschiggfrie Excavating of Du- buque, Iowa in the amount of $5,991.10 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tschiggfrie Excavating 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 contractors bond the City Treas- urer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. December 8, 1971 To the Honorable Mayor and Members of the City Council Councilors -Elect On December 7th Mayor Couch- man, Councilman Meyers, Dock Commissioner Voelker, Mr. Roarig, Mr. White and myself visited Colonel Bunch, District Engineer at Rock Island. The purpose of the meeting was to discuss the trans- fer of Phase III (the southern por- tion) to the City for operation and maintenance purposes. Please re- fer to the attached copy of Colonel Bunch's letter dated November 22nd. The Colonel requested that the mayor concur in the December 22nd transfer date and send a con- firming letter to the Colonel to arrive at Rock Island by Decem- ber 12th. The mayor has written and sent such a letter, a copy of which is attached. It was also requested that the City Council pass a resolution ac- cepting the Phase III work and establishing December 22nd as the date on which the City will assume the responsibility for operation and maintenance of the work. As evidence of authority for assuming this obligation I am enclosing a COPY of "Assurances" approved by council resolution passed April 3, 1967. Please note paragraph "c" covering the City maintenance ob- ligation. A resolution covering this trans- action will be drafted and present- Special Session, December 20, 1971 523 ed for your consideration at the meeting of December 20th. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the communication be received and filed. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 379.71 Resolution authorizing and ap- proving the transfer to the City of operation and maintenance responsibility of Stage III, Fed- eral Levee Works, Local Flood Protection Project, Mississippi River, Dubuque, Iowa. WIIEREAS, the U. S. Army Corps of Engineers, Rock Island District, has caused to be con- structed levee works designated as Stage IU, Local Flood Protection Project, Mississippi River, Du- buque, Iowa as indicated on of- ficial drawing and plans of the U. S. Army Corps of Engineers, drawing number DLP -3 dated July 3, 1967; and WHEREAS, the construction of Stage III has been completed and such work has been inspected by City Engineering Staff in the com- pany of the Area Engineer, Mr. R. E. Gustafson, and such work found to be satisfactory; and WHEREAS, on April 3, 1967 the City gave assurance to the U. S. Army Corps of Engineers in which it was stipulated that the City would maintain and operate all works after completion; and WHEREAS, it has been recom- mended by the District Engineer with the concurrence of the Mayor of the City of Dubuque, Iowa, that maintenance and operation re- sponsibilities be transferred to the City of Dubuque, Iowa on Decem- ber 22, 1971. NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, lowa. Section 1. That on December 22, 1971 the City of Dubuque, Iowa will assume responsibility for the maintenance and operation of the Local Flood Protection Works, Stage III, Mississippi River, Du- buque, Iowa. Section 2. That such mainte- nance and operation shall be in accr)rd with "Operation and Main- tenance Manual for Completed Flood Protective Works, Dubuque, Iowa," U. S. Army Engineer Dis- trict, Rock Island, dated Septem- ber 1971. Section 3. That the Mayor and City Clerk be and they are here- by authorized and directed to exe- cute such papers and documents as may be necessary for the trans- fer of responsibility to the City. Section 4. That the City Clerk be and he is hereby authorized and directed to forward a certi- fied copy of this resolution to the City Manager for transmittal to the office of the District Engi- neer, U. S. Army Corps of Engi- neers, Rock Island, Illinois. Passed, adopted and approved this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt. City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 380.71 Authorizing the Condemnation of Certain Parcels of Real Es- tate in 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 entered 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 such contract and to implement the Urban Renewal Plan for the Project the Area publ public in- terest necessary and in that the property herein- 524 Special Session, December 20, 1971 after described be acquired; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA Section 1. That the following de- scribed real estate owned by the persons indicated, be and the same should be acquired to implement the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15. Owner: Josephine Schroeder, Fran- cis J. O'Connor and Lucille E. Has- ler, Administrators of the Estate of Mary Hasler, Clarence J. From - melt, Bernice E. Frommelt, John A. Frommelt, Andrew G. From - felt, William B. Frommelt, Anth- ony J. Frommelt Property Description: That part of Lot 2 Block 5 in "DUBUQUE DOWNTOWN PLAZA" in the City of Dubuque, Iowa, according to the plat thereof, in Book of Plats No. 34, page 237, et. seq., of the rec- ords of Dubuque County, Iowa which was formerly known as and legally described as the northerly (north) 1 foot of the southerly (south) 22 feet of City Lot 240 in the City of Dubuque, Iowa, accord- ing to the United States Commis- sioners' Map thereof. (Part of Parcel 10.7) Section 2. That the Director of the Department of Urban Renewal for the City of Dubuque, Iowa, be and he is hereby directed to cause condemnation proceedings be insti- tuted as is provided by law to ac- quire said real estate hereinbefore described, and the said Director of the Department of Urban Re- newal is hereby authorized to do any and all things necessary and requisite to such condemnation proceedings. Passed, approved and adopted this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved ad. option of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman; Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 381-71 RESOLUTION AND APPLICA- TION FOR TRANSFER OF EMERGENCY FUND WHEREAS, there now is in the hands of the treasurer of Dubu- que, Dubuque County. Iowa, the sum of $93,292.81, credited to the Emergency Fund thereof; and WHEREAS, an emergency has arisen which requires the expen- diture of $93,292.81, said emergen- cy being of the following char- acter: To meet the actual and necessary expenditures in the Pub- lic Safety Fund as requested in our Emergency Levy Resolution of November 2, 1970; and WHEREAS, the revenue in the Public Safety Fund is insuffic- ient to meet its estimated actual and necessary expenses for the current fiscal year and the emer- gency referred to; therefore, be it RESOLVED by the City Council of Dubuque, Dubuque County, Iowa, that $93,292.81 of the funds in the Emergency Fund be trans- ferred permanently to the Public Safety Fund of said municipality; subject to the approval of the State Comptroller when such ap- proval is requested by a two-thirds vote of the governing body of said municipality, to be expanded in accordance with the provisions of Section 24.6, Code of Iowa. The City Auditor of said munici- pality, upon receipt of approval by the State Comptroller, is directed to correct his books accordingly and to notify the treasurer of the transfer, accompanying the notifi- cation with a copy of this resolu- tion and the record of its adop- tion. (Presiding Officer) Gaylord M. Couchman, Mayor (Secretarial Officer) Leo F. Frommelt, Ctiy Clerk The foregoing resolution was ad- opted by the City Council of Du- buque, Dubuque County, Iowa at a special meeting of the same on the 20th day of December, A.D. 1971. Special Session, December 20. 1971 52,5 The vote thereon was as follows: Ayes Gaylord M. Couchman Mayor Joseph J. Bitter Donald R. Meyers Wayne A. Moldenhauer Walter A. Pregler Councilmen Nays—None. APPROVAL The above application and reso- lution having been filed with the State Comptroller, the transfer re- quested is approved this 23 day of December, 1971. Maurice E. Baringer Chairman State Appeal Board By Francis R. Larew Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. December 10, 1971 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1971 Concrete Curb and Gutter Project No. 1 has been completed in accordance with the City of Dubuque plans and specifications with the excep- tion of shaping the slopes and seeding same or sodding where called for in the specifications. Any driveway approaches will also be dressed to owners satisfaction next spring. An appropriate amount to cover these items will be withheld from the contractors payment until these items are completed. On these conditions, I recom- mend the acceptance of the above named project. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun• cilmen Bitter, Meyers, Moldenhau- er, oldenhauer, Pregler. Nays—None. FINAL ESTIMATE RESOLUTION NO. 382.71 WHEREAS, the contract for the CITY OF DUBUQUE 1971 CON- CRETE CURB AND GUTTER PRO- JECT N0. 1 1. Asbury Road from the W.P.L. of Lot 1-1.1 of Asbury Park, west to the Corporation Limits. 2. Central Avenue from the N.P.L. of Ninth Street to the S.P.L. of Fourth Street. 3. Dodge Street -Widening at inter- section of Bryant Street. 4. Eighth Street Service Drive from the W.P.L. of Central to the alley west of Central Av- enue. 5. Hamilton Street extension from the E.P.L. of Kerper Blvd. to the E.P.L. of Lot 1-2-1 of Block 5 River Front Sub. No. 3. 6. Locust Street from the N.P.L. of Fourth Street to S.P.L. of Fifth Street -east side only. has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $148,329.70. That $4,416.48 of the cost there- of shall be assessable upon pri- vate property and $143,913.22 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Peas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. 526 Special Session, December 20. 1971 (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 383-71 WHEREAS, the contract for the CITY OF DUBUQUE 1971 CON- CRETE CURB AND GUTTER PRO- JECT NO. 1 1. Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park. west to the Corporation Limits. 2. Central Avenue from the N.P.L. of Ninth Street to the S.P.L. of Fourth Street. 3. Dodge Street -Widening at inter- section of Bryant Street. 4. Eighth Street Service Drive from the W.P.L. of Central to the alley west of Central Av- enue. 5. Hamilton Street extension from the E.P.L. of Kerper Blvd. to the E.P.L. of Lot 1-2-1 of Block 5 River Front Sub. No. 3. 6. Locust Street from the N.P.L. of Fourth Street to S.P.L. of Fifth Street -east side only. 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 as- sessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall up- on receipt of such plat and sched- ule publish the notice of the Coun- cil's intention to levy special as- sessments therefore, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 20th day of December, 1971. Gaylord M. Couchman Mayor Wayne A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. December 16, 1971 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1971 Asphalt Pav- ing Project No. 1, except Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park to the westerly corporation limits, has been com- pleted in accordance with the City's plans and specifications. I, therefore, recommend the ac- ceptance of the City of Dubuque 1971 Asphalt Paving Project No. 1, except Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park to the westerly corporation limits. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Bitter moved to concur in the Manager's recom- mendation. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. FINAL ESTIMATE RESOLUTION NO. 38471 WHEREAS, the contract for the City of Dubuque 1971 Asphalt Paving Project No. 1, except As- bury Road from the W.P.L. of Lot 1-1.1 of Asbury Park to the West- erly Corporation Limits, remaining Central Avenue from the N.P.L. of Ninth Street to the S.P.L. of Fourth Street. Special Session, December 20, 1971 527 Hamilton Street Extension from the E.P.L. of Kerper Boulevard to the E.P.L. of Lot 1.2-1 of Block 5 of River Front Sub. No. 3. Loras Blvd. from W.P.L. of Wal- nut Street to the E.P.L. of Univer- sity Avenue. Eagle Point Park -Roadway Eighth Street Service Drive from W.P.L. of Central Ave. to the alley west of Central Avenue. has been completed and the City Engineer has submitted his final estimate showing the cost there- of including the cost of estimates, notices, inspection, and preparing the assessments and plat, now therefore, 13E IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $233.334.88. That $119,575.57 of the cost thereof shall be assessable upon private property and $93877.47 shall be paid from the Road Use Tax Fund from the $13,033.75— Stats Refund—Central Ave., from the $6,886.09—Park Board Fund of the City of Dubuque. Passed, adopted and approved this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhaue Donald R. Meyers .Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk poration Limits, remaining Central Avenue from the N.P.L. of Ninth Street to the S.P.L. of Fourth Street. Hamilton Street Extension from the E.P.L. of Kerper Boulevard to the E.P.L. of Lot 1-2-1 of Block 5 of River Front Sub. No. 3. Loras Blvd. from W.P.L. of Wal- nut Street to the E.P.L. of Uni- versity Avenue. Eagle Point Park Roadway — Eighth Street Service Drive from W.P.L. of Central Ave. to the alley west of Central Avenue has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed ai - cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the 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 as- sessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall r upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assesments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the centractor 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, 1E., retained therein. per- centage P Passed, adopted and approved this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 385-71 WHEREAS, the contract for the Ci of Dubuque 1971 Hot Mix -Hot ty Laid Asphaltic Concrete Paving Project No. 1, except Asbury Road Attest: from the W.P.L. of Lot 1-1-1 of City Clerk melt Asbury Park to the Westerly Cor- 526 Special Session, December 20. 1971 (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 383-71 WHEREAS, the contract for the CITY OF DUBUQUE 1971 CON. CRETE CURB AND GUTTER PRO- JECT NO. l 1. Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park, west to the Corporation Limits. 2. Central Avenue from the N.P.L. of Ninth Street to the S.P.L. of Fourth Street. 3. Dodge Street -Widening at inter- section of Bryant Street. 4. Eighth Street Service Drive from the W.P.L. of Central to the alley west of Central Av- enue. 5. Hamilton Street extension from the E.P.L. of Kerper Blvd. to the E.P.L. of Lot 1-2-1 of Block 5 River Front Sub. No. 3. 6, Locust Street from the N.P.L. of Fourth Street to S.P.L. of Fifth Street -east side only. 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 as- sessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall up- on receipt of such plat and sched- ule publish the notice of the Coun- cil's intention to levy special as- sessments therefore, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 20th day of December, 1971. Gaylord M. Couchman Mayor Wayne A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt. City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote.- Yeas—Mayor ote:Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. December 16, 1971 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1971 Asphalt Pav- ing Project No. 1, except Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park to the westerly corporation limits, has been com- pleted in accordance with the City's plans and specifications. I, therefore, recommend the ac- ceptance of the City of Dubuque 1971 Asphalt Paving Project No. 1, except Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park to the westerly corporation limits. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Bitter moved to concur in the Manager's recom- mendation. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. FINAL ESTIMATE RESOLUTION NO. 384-71 WHEREAS, the contract for the City of Dubuque 1971 Asphalt Paving Project No. 1, except As- bury Road from the W.P.L. of Lot 1.1-1 of Asbury Park to the West- erly Corporation Limits, remaining Central Avenue from the N.P.L. of Ninth Street to the S.P.L. of Fourth Street. a Special Session, December 20, 1971 527 Hamilton Street Extension from the E.P.L. of Kerper Boulevard to the E.P.L. of Lot 1-2-1 of Block 5 of River Front Sub. No. 3. Loras Blvd. from W.P.L. of Wal- nut Street to the E.P.L. of Univer. sity Avenue. Eagle Point Park -Roadway Eighth Street Service Drive from W.P.L. of Central Ave. to the alley west of Central Avenue. has been completed and the City Engineer has submitted his final estimate showing the cost there- of including the cost of estimates. notices, inspection, and preparing the assessments 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 $233.334.88. That $119,575.57 of the cost thereof shall be assessable 7 4 private property and $93.87 shall be paid from the Road Use Tax Fund from the $13,033.75— Stats Refund—Central Ave., from the $6,866.69—Park Board Fund of the City of Dubuque. Passed, adopted and approved this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhaue Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk poration Limits, remaining Central Avenue from the N.P.L. of Ninth Street to the S.P.L. of Fourth Street. Hamilton Street Extension from the E.P.L. of Kerper Boulevard to the E.P.L. of Lot 1-2-1 of Block 5 of River Front Sub. No. 3. Lora-, Blvd. from W.P.L. of Wal- nut Street to the E.P.L. of Uni- versity Avenue. Eagle Point Park Roadway — Eighth Street Service Drive from W.P.L. of Central Ave. to the alley west of Central Avenue has been completed and the City Man- ager has examined the work and filed his certificate stating that. the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the 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 as- sessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall r upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assesments therefor, as required by law. BE 1T FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas --Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 385.71 WHEREAS, the contract for the (,`it of Dubuque 1971 Hot Mix -Hot J Laid Asphaltic Concrete Paving Project No. 1, except Asbury Road Attest: from the W.P.L. of Lot 1-1-1 of LeCity Fromm lerk melt, Asbury Park to the Westerly Cor- 528 Special Session, December 20, 1971 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- hauer, Pregler. Nays—None. RESOLUTION NO. 386-71 WHEREAS, Romac Inc. and the City of Dubuque, Iowa have agreed concerning the terms of Grant of Easement by Romac, Inc. to the City of Dubuque, Iowa for the lo- cation, maintainance and installa- tion of a Civil Defense Warning Siren; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the agreement between Romac, Inc. and City of Dubuque, Iowa agreeing on the terms of Grant of Easement to City of Dubuque, Iowa for the in- stallation, and maintenance of a Civil Defense Warning Siren be and the same is hereby approved. Section 2. That the Mayor and the City Clerk he and they are hereby authorized to execute said Grant of Easement Agreement for and on behalf of the City of Du- buque, Iowa. Passed, approved and adopted this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 387.71 BE IT RESOLVED by the City Council of the City of Dubuque Iowa, that the following having complied with the provisions of law relating to the sale of Ciga rettes within the City of Dubuque Iowa, be granted a permit to sel Cigarettes and Cigarette Papers ,vithin said City. William J. Baum, 3165 Central Avenue (Transfer from 1121 Uni- versity effective December 27, 1971) John J. Glynn, 1121 University Avenue (Effective January 1, 1972) BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 388.71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMITS John J. Glynn, 1121 University Avenue William J. Baum, 3165 Central Avenue Mrs. Lorraine Gordon, 2327 Cen- tral Avenue CLASS "C" BEER PERMITS William J. Lynn, 424 West Locust Street Donald E. Wertz, 1545 S. Grand- view Avenue Harold Welter, 534 Rhomberg Ave- nue Laverne Felderman, 1889 Jackson Street Osco Drugs, 703 Main Street. Special Session, December 20, 1971 529 ,John C. Neumeister, 729 Lincoln Avenue Passed, adopted and approved this 20th day of December, 1971, Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest, I.eo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Massed, adopted and approved this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Counchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 369.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds, NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT John J. Glynn, 1121 University Avenue William J. Baum, 3165 Central Avenue Mrs. Lorraine Gordon, 2327 Cen- tral Avenue CLASS"C" BEER PERMIT William J. Lynn, 424 West Locust Street Donald E. Wertz. 1545 S. Grand- view Avenue Harold Welter, 534 Rhomberg Ave- nue L.everne Felderman, 1889 Jackson Street Osco Drugs, 703 Main Street John C. Neumeister, 729 Lincoln Avenue BE IT FURTHER RESOLVED THAT THE BONDS filed by such applicants be and the same are hereby approved. RESOLUTION NO. 390.71 WHEREAS, applications for Liquor Permits have been submit- ted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT --CHAPTER 123—as amended by the 67th General Assembly. CLASS "C" COMMERCIAL ESTABLISHMENT John J. Glynn, 1121 University Avenue CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE Mrs. Lorraine Gordon, 2327 Cen- tral Avenue John R. Hirsch, 206 West 3rd Street. Disabled American Veterans Club, 2600 Dodge Plaza 20 roved Passed, adopted and app this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Special Session, Decernher 20, 1971 Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers. Moldenhau- er, Pregler, Nays—None. RESOLUTION NO. 391-71 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants have received the approval of this Council, and WHEREAS, the premises to he occupied by such applicants were inspected and found to cohiply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT John J. Glynn, 1121 LJniversity Avenue CLASS "C,, (COMMERCIAL) BEER & LIQUOR LICENSE Mrs. Lorraine G. Gordon, 2327 Cen- tral Avenue John R. Hirsch, 206 West 3rd Street Disabled American Veterans Club, 2600 Dodge Plaza 20 Passed, adopted and approved this 20th day of December, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. RESOLUTION NO. 392.71 WHEREAS, the City Council of the City of Dubuque, Iowa has con- sidered the present salary of each of the Councilmen and deems the present salary of $1,200.00 per year for each Councilman to be inadequate, and WHEREAS, the City Council deems it appropriate and proper to increase the salary for each Councilman to the sum of $2,000.00 per year. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, as follows: Section 1. That from and after January 1, 1974, the salary of each of the Councilmen of the City of Dubuque, Iowa, be and the same is hereby fixed and set in the amount of $2,000.00 per year and same shall be payable com- mencing January 1, 1974. Section 2. That the City Man- ager be and he is hereby ordered and directed to make such bud- getary provisions in order that the salaries of the Councilmen may be increased accordingly and be pay- able accordingly commencing Jan- uary 1, 1974, PASSFD, ADOPTED AND AP- PROVED this 20th day of Decem- ber, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Communication of Gene P. Thompson of 3464 Meggan Drive objecting to the poor quality of work which is accepted by the City from the local subdividers in the construction of streets, curb and gutter, sewers etc., presented and read. Councilman Moldenhauer moved that the rules be suspended in or- der to let. anyone address the Coun- cil if they so desire. Seconded by I Special Session, December 20, 1971 531 Councilman Bitter. Carried by the I following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Mr. Gene P. Thompson present- ed the Council with photos of streets in his area, which is a com- paratively new subdivision, show- ing the condition of the street and also drainage failure. Councilman Bitter moved to re- fer the matter to the City Man- ager and staff for investigation and report. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. There being no further business Councilman Bitter moved to ad- journ. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays—None. Leo F. Frommelt City Clerk Approved February 28, 1972 Adopted February 28, 1972 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA FOR THE YEAR 1972 CITY OFFICERS FOR THE YEAR 1972 COUNCILMEN WAYNE A. MOLDENHAUER, Mayor JOSEPH J. BITTER C. ROBERT JUSTMANN WALTER A. PREGLER ALLAN T. THOMS City Clerk ..........................................................LEO F. FROMMELT CitySolicitor....................................................................R. N. RUSSO Assistant City Solicitor ..............................JAMES G. SCHILLING MUNICIPAL COURT JUDGES FRANK D. GILLOON JR. KARL KENLINE Municipal Court Clerk ....................................JOSEPH A. STIEBER Municipal Court Bailiff ..........ELMER D. JOHANNINGMEIER CITY MANAGER GILBERT D. CHAVENELLE Assistant City Manager ....W. KENNETH GEARHART 7/28/72 PAUL H. FISCHER 10/23/72 Administrative Assistant ..................................GERALD J. KOPPES Budget Analyst ............................................MICHAEL E. BROOKS Personnel Director ..........................................WALTER K. BOCKES CityAuditor............................................................A. G. HEITZMAN City Treasurer..........................................................GERALD HIRD g City Engineer ineer ..........................................................JOHN L. WHITE City Assessor ......................................................JAMES J. GREGORY Chief of Fire Department ..............................ROBERT N. DUNPHY Chief of Police ....................................................ROBERT J. O'BRIEN Civil Defense Director ..........................................BEN J. O'LEARY Sup't. of Water Work ............................................. ...........J. J. HAIL Street Commissioner..............................................CLETUS ALLEN Director of Recreation ............................RICHARD J. SLATTERY Planning Director ........................................DON GILSON 3/31/72 DANIEL DITTEMORE Building Commissioner ....................................DONALD J. BANDY Electrical Inspector ..........................................EDWARD O. ALBER licating-Ventilating Inspector ................ BOY SPRENGELMEYER Health Director ..................................KENNETH K. HAZLET, M.D. Health Administrator ........................................ ..............A. J. ROTH Sanitary Officer................................................LAVERNE GOERDT Food and Restaurant Inspector ....................MILDRED KENNEDY Plumbing Inspector ............• ..................• •••••RICHARD J. FEYEN Library Director ......................................WILLIAM G. FULLMER Supt's of Parks ....................................................RICHARD KRAMER Airport Manager ..........................................................JEFF Urban Renewal Director ........................GENT MOLID M. WITTENBERG Regular meetings of the City Council are held on the First Monday of each month at 7:30 o'clock P.M. IN DEX — BOOK 102 1972 SUBJECT Page A Jan. 3 --American Trust & Savings Bank, appointed official depository of public funds . ................................ 2 " 3—Allendorf William F. & Darlene, claim denied..... 5 " 17—Advisory Commission, advising the Council of three vacancies, and submitting a list of six names as replacements . ........................................ 18 " 17—Advisory Commission, submitting a Code of Ethics forthe City............................................................. 18 " 17 --American Legion Auxiliary, requesting permission to conduct a poppy sale . .................................... 17 between the City of Dubuque and Ken- 21 --Agreement nedy Mall Inc., for the location and main- tenance of a Civil Defense Warnin. Siren. .... 25, 283 " 17—Andresen Thomas, granted Class "C' Beer & LiquorPermit......................................................... 27 " 31—Agreement. between H. Sidwell Smith and the City of Dubuque for consulting service at the Wastewater Treatment Plant . ................ 61 Feb. 7—Advisory Commission, submitting a resolution 63 supporting Ecumenical Housing . ........................ 7—Advisory Commission, submitting a resolution that the letter of Dubuque Homeowners & Land- owners concerning actions of Gent Wittenberg he referred to the Low Rent Housing Commis- sion........................................................................... 7—A & O Corporation, supporting Ecumenical Hous 64 " ingDevelopment................................................... 28—American States Insurance, submitting claim on 64 behalf of Frank Zmudka....................................... 68 " 28—A-1 Plumbing & Heating Co., requesting permis- 90 sion to excavate at 1895% Central Avenue..... " 28—Apartments Ltd., granted Class "C" Beer & Liquor Permit. ................. ..................................................... 93 Mar. 6—Althaus Dennis Albert, granted Class "B" Beer 102 " Permit....................................................................... 9—Ames Dan & Bobbe, objecting to the H -M classifi cation of zoning ordinance for Mercy Medical Center. ••••• •••• 9 --Ant Gunnar, Mr. & Mrs., objecting to the rezoning 105 of Mercy Medical Center property . ................ 106 " 13—Asbury Road, installation of street lights recom 109 " mended..................................................................... 13—Aristo Foods of Iowa inc., granted Class "B" Beer Permik.................................................................... 123 April 3—Agreement between the City of Dubuque and the Iowa State Highway Commission for Improve- ment of Highway No. 20 with 6" stabilized 152 shoulders ................................................... . ............ 17—Airport Terminal Building, construction completed andaccepted.......................................................... 175 " 17 --Algona Street Sanitary Sewer, preliminary plans and specifications for the construction of sani- tary sewer from the existing manhole in Uni- versity Avenue northerly 277 feet . ................ .................... 177, 178, 215, 217, 266 May " 1—Adams John S., Notice of Claim . .......................... 1—"Arbor Oaks," approval of plat of Blocks 1, 2 and 190, 240 " ................................... 1—Agreement between the United States Department 195 of Housing and Urban Development and the No. City in financing Public Works Project 197 WS -IOWA -99 ........................................................... 1 --Agreement between the City and the American Trust & Savings Bank on a Bookmobile for 198 the Carnegie Stout Library . .............................. INDEX -- BOOK 102 1972 SUBJECT Page " 15—Advisory Commission, urging the City Council to adopt a portion of the Home Rule Bill to establish a five year capital improvement program, and urging support of Project Con- cern. ................................... 15—Atchison Dan and Eileen, certifying coat of con- 213 struction of Sanitary sewer in Jansen Street, north of Roosevelt Street . .............................. 22—Airport Commission, requesting the City to grant a 217. 218 license for the installation of limousine service to and from the Airport . .................................... 231 June 5—Asbury Road, restriction of parking recommended by the City Manager . .......................................... 248. 307 5—American Legion Dubuque Post No. 6, requesting a parade permit for July 1, 1972 . .................... 250 S --Agreement between Dubuque Community School District, Richard C. Henschel and the City of Dubuque for a piece of property to be used " for a playground area . ..............................253, 12—Atlantic & Pacific Tea Company, granted Cigarette 254, 318 " Permit....................................................... ... ... 12—Althaus Dennis A., granted Cigarette Permit. 270 271 ... 12 --Agreement between the County of Dubuque and the City of Dubuque for the construction of a joint Law Enforcement Center Building. ........ " • ••.......••••••..•....... 273. 353, 355, 361, 19—Asbury Road and Carter Road, 1972 Traffic Sig- 362, 367 nal Project, preliminary plans and specifica- tions " . ............................ ........284, 19—Andresen John C., Cigarette • granted Cigarette Permit. .... 19—Andresen Thomas, grantedPermit. 285. 342 290 " . George Kgranted CigarettePermit. Charles, 2919—Arvanitis 29026—Adams " granted Cigarette Permit . ........ Cruso A., graned arette PermitC" 26—Aristo Foods of Iowa Inc., granted 29726—Alba 298 ClaBeer & Liquor Permit, July ................................................ 3 --Agreement between the Iowa State Highway Commission 299 and the City of Dubuque for Primary Road Extension Maintenance from " 3—Ame is n Soc Society of Landscape 1972 to June Arcitects, 30.3 awards to Durrant, Deininger, Dommer, Kramer & Gordon—Architects, llen-Schiltz Cu & Associ. ates Engineers, M. F, Goerdt Co cContractors 'of pnstruction and DubuquanElec- trical Ur- ban Renewal Department, for construction of Clock 17—Agreement ment between thePlaza.owntown ..I ......................... City of Dubuque 330 , Ryan Construction Company and the Key City In- vestment Company, granting curb cuts into Kennedy Road and Wacker Dive to serve the " re ................................ 17—Agreementsbetween the Illinois Central Railroad 338 and the City of Dubuque for the construction and Maintenapnce of a sixteen inch water main on railroad" 24—Audit Report City 345 „ of the of Dubuque for the fiscal 24—Amvets Auxiliary, ..........................348 requesting duct a White Clover Das sallre.Ission to con - Aug. 21—Agreement between Jeanette Luerkens 353 and Wil. liam Luerkens and the City of Dubuque for the operation of a Taxicab 21—A service. ....... I........ pplication and Agreement with the Iowa 392 Sec retary of Agriculture for authority to con- duct a milk inspection program. , .... ,........ 400 INDEX —BOOK 102 1972 _ SUBJECT Page " 21—Atlantic & Pacific Tea Co. Inc., granted Class ..C„ Beer Permit . .................................................. 412 21—American Veterans WW H -Korean & Vietnam, granted Class "C" Beer & Liquor Permit. .... 412 Sept. 11—Adams Clarice E., granted Class "C" Beer & Liquor Permit....................................................................... 438 " 18—Annexation request of Merl F. and Margaret E. Goerdt of property fronting Sheridan and PeruRoads............................................................. 443 " 18—Aldeman Dan, appointed to the Youth Services Council..................................................................... 446 Oct. 3—Arensdorf Robert J., Notice of Claim . .................... 465 " I6—Area One Vocational Technical School, requesting permission to sell glitter plaques . .................... 475 " 16—Asbury Park Subdivision Sanitary Sewer 1972, preliminary plans and specifications . ............ ...................................................... 480, 482, 522, 523, 558 Nov. 6—Agricultural & Horticultural applications for ex- emptions on parcels of land of 10 acres or more......................................................................... 496 " 6 --Advisory Commission, relative to the delay in adopting a Code of Ethics for the City .......... 497 " 6—American Snack, Inc., granted Cigarette Permit..... 510 " 13—Assistant City Manager, submitting cost estimate of $2600 for the remodeling of 1st Floor of City Hall for the organization of the Finance De- partment................................................................... 515 13—Ailey Parking, recommendation of the City Man- ager that Traffic Ordinance be amended to pro- hibit parking in alleys in the pedestrianway area. .......................................................................... 517 " 13—Agreement behvicen the City and the Department of Housing and Urban Development for the future expansion of the Water Treatment Plant.......................................................................... 524 Dec. 11—Alcoholism Information Center, submitting budget for1973................................................................... 565 " 11—Asbury, Town of, requesting perpetual right of way and easement over certain real estate for construction and mainte_iance of a proposed sanitary sewer. ...................... 566 " 11•—Agreement between the City and Durrant-Deining- er-Dommer-Krammer-Gordon, P. G. for design of a Joint County -City Law Enforcement Cen- ter............................................................................. 569, 584 ll—.Agreement between the City and the Illinois Cen- tral Gulf Railroad for an Easement in connec- tion with installation of an underground sanitary sewer. ............................... 572 18—Ainerican Massage Parlor, requesting permission to construct a marque at 320 Main Street ... 581 " 18—Airport Commission, requesting permission to charge an Airport tax of $1.00 per person..... 583 " 18—Ames Realty Inc., certificate of completion for improvement in the Downtown Urban Renewal Area........................................................................ 587 Index - Book 102 INDEX — BOOK 102 1972 -_ - Page _SUBJECT " 12—Beecher Company Inc., granted Cigarette Permits. 270 " 12—Birch Marshall R., granted Cigarette Permit. ...... 270 " 12 --Brant Carl N., granted Cigarette Permit. ..... _....... 271 " 12—Beecher Company Inc., granted Class "C" Beer Permits..................................................................... 271, 279 " 19—Baumhover Ronald F., appointed to the Dubuque County Commission on Crime and Delinquency. 282 " 19—Becker Robert L., granted Cigarette Permit. ... 290 " 19—Barkalow Bros., granted Cigarette Permit. .......... 290 " 19—Beidler Robert, granted Cigarette Permit . ............ 290 19—Bauer Dan, granted Cigarette Permit . .................. 290 " 19—Becker Robert L., granted Class "C" Beer Permit. 291 " 26—Bell Joseph, granted Cigarette Permit . ................ 297 " 26 ---Bailey Edward A., granted Cigarette Permit and "C" Class Beer & Liquor Permit . .................... 297, 299 " 26—Bishop Buffet, granted Cigarette Permit . ............ 297 " 26 --Burke Josephine, granted Cigarette Permit. ........ 297 " 26 --Brookside Dairy, granted Cigarette Permit. ........ 298, 443 July 3—Building Code Committee, recommendations con- cerning adoption of Electrical Ordinances No. 30-72 and 31-72 . ...................................................... 308 3—Bridge Restaurant and Lounge Inc., granted Cigar- ettePermit............................................................. 326 " 3—Bridge Marian J., granted Cigarette Permit........... 326, 510 " 3—Baum William, granted Cigarette Permit ................. 326 " 3—Brammers Inc., granted Cigarette Permit. ......... 326 " 3—Brimeyer Donald C., granted Cigarette Permit..... 326 " 3—Bisping Herbert F., granted Cigarette Permit..... 326 " 3—Bradley Clyde L. granted Cigarette Permit........... 327 " 10—Boardman Arthur M., Suggestions concerning the construction of Five Flags Civic Center ........ 330 " 17—Brunswick Street, installation of street light re- quested..................................................................... 341, 388 " 17—Bike-A-Thon, requested by the Recreation Depart- ment...................................................................340, 392, 418 " 24—Beer and Liquor, regulating the sale and con- sumption, providin& for the issuance and re- vocation or suspension of permits and licenses. 349 " 31 --Beef Supreme Inc., requesting permission to con- struct a car wash on J.F.K. Road near U.S. highway No. 20 and University Avenue........... 360, 386 Aug. 7—Brace B. J. et. a]., supporting proposed Youth Services Bureau . .................................................... 365 " 7—Blind Association of Dubuque, relative to the Naval Training Center, and suggesting that traffic light system be installed at 12th & Jackson and on Dodge Street at the Doctors Court......................................................................... 366 " 7 --Bandy Fred R., Notice of Claim . .......................... 369, 499 " 7-11argman Leo C., Notice of Claim ............................. 369 " 7—Bradley Helen M., petition for suspension of taxes. 373, 394 21—Bader Byrdena Mrs. and M►. Milton J. Bader, ordered to dismantle building and clean up premises at 2560 Elm Street . ............................ " Claim 393, 436 395, 488 21—Bardon Thomas J., Notice of . ...................... " 23—Budget Recommendation for the year 1973 sub- mitted by the City Manager. 415, 477, 495, 496, 497 Sept. 5—Brandel Gerald S., Notice of Claim . ........................ 420, 489 " 5—Blakernan Clarence Mrs., Notice of Claim. .......... 421 " 5—Burlington Northern Railroad, requesting closing of Market Street between 3rd Street and the 1. C. tracks between Blocks C & F in Booths Addition. ................................ ............................... . " 5 --BONDS, Notice of meeting for the issuance of 424 Sewer Bonds in the amount of $1,000,000....... 426, 427, 453, 455, 456 ................................. " 5—Baker William H., granted Class "C" Beer LiquorPermit. ..................................................... 430 INDEX —BOOK 102 — -` SUBJECT 1972----------- - _--___--- Page -- " 5—Bainbridge James Richard, granted class "C" Beer & Liquor Permit . .................................................. 430 " 5 --Bitter Councilman, requesting prohibition of smok- ing in the Council Chamber ................................. 431 " 1B—Berger David, appointed to the Youth Services Council..................................................................... 446 Oct. 3—Bock Earl J., offering suggestions to alleviate traf- fic congestion........................................................ 460 " 3—Board of Adjustment, requesting a hearing on petition from Mercy Medical Center for the issuance of a building permit ............................. 462 " 3—Bahl Steven E., Notice of Claim ................................. 465 " 3—Brimeyer Donald C., granted Class "B" Beer Per- mit............................................................................ 470 " 16—Becker & Sons Stone Co., liability policy . ............ 474 " 24—Betts Danield M. and J. P. Sandman, Notice of Claim......................................................................... 490, 499 " 24—Buell George B., Notice of Claim . ............... Nov. 6--Bechen Harold Mrs. objecting to the proposed Couler Valley Corridor freeway . .....................1 497 " 6—Blind Association of Dubuque, requesting permis- sion to conduct candy sales . ............................ 505 " 6—Bridge Marian Juanita, granted Class "B" Beer Permit....................................................................... 511 13—Beer Ordinance, amendment governing the pro- hibition of films in taverns submitted by the CitySolicitor........................................................... 517 " 20—Board of Health, Regular Session . .......................... 528 " 27—Bitter Councilman, submitting excuse for missing CouncilMeeting . .................................................... 542 " 27—Burger King x"1100, granted Cigarete Permit......... 547 Dec. 4—Burden George R., endorsing the preservation of CityHall . ........................... . .... ... ............... 549 4—Budget Report of Municipality for Municipal Streets and Parking for 1973. .......................................... 557 4—Benevolent & Protective Order of Elks 0297, granted Class "C" Beer & Liquor Permit. ...... 560 " 18—Board of Health, Special Session . ............................ 576 " 18—Buechel Louis, comprehensive liability policy...... " 577 18—Bitter Councilman, submitting a resolution calling for appointment of a Citizens Freeway Study Committee . ................................ ,. ........................ 585 18—Barker Robert C. granted Cigarette Permit & Class "C" Liquor Permit . .................................. 591, " 592 18—Baum William J., granted Class "C" Beer Permit. 591 INDEX —BOOK 102 1972 - - SUBJECT Page C Jan. 3—City Council, Regular Session . .................................. 1 " 3--Chavenelle Gilbert D., appointed City Manager for the ensuing fiscal year . .................................... " 3 Manager, 1 ---City advising the Council of his appoint- ment of all personnel under his supervision andcontrol............................................................. 1 3—City Manager, submitting Ordinance No. 1-72, al- locating and making appropriations of tax levies and other sources of revenue for ex- penditures for the year 1972 . .......................... 3 3—City Assessor, recommending settlement with Swift Agricultural Chemical Corp, for tax assessment for theyear 1970 .............................. 3--Chavenelle 4 Gilbert D., bond ....................................... 5 3—City Solicitor, submitting opinion concerning Councilman Thorns and a interest. conflict of " 3—Crissy Drive Storm Sewer, completed and ac- 5 cepted ................................................................... p 12 3 --City Solicitor, advising the Council of dismissal of suit of Joseph Piluzza..................................... 17—City 16, 578 Council, Special Session . ................... 17—Chase Duane, appointed to the Advisory Cosa- mission..................................................................... 18 " 17 --City Manager, submitting report on request of Lyle Whalen to construct a car wash at 1277 ElmStreet............................................................. 20 " 17—Civil Service Commission, submitting report of entrance examination for positions on the Police Department...................................20, 95 359, 394 " 17—Civil Defense Warning Siren, to be located and maintained at Kennedy Mall Inc . .................... 25, 283 24—City Council, Special Session . ................................ 30 31—City Council, Special Session ............. " 31—Council proceedings for the month of October and November 1971, approved as printed ............... 38 31—City Auditor, Treasurer, Health and Water Depart- ments, monthly reports . ..........................39, 71, 85, 96, 130, 142, 188, 236, 294, 348, 367, 461, 498, 532 " 31—City Solicitor, submitting opinion concerning con- flict of interest of Councilman Bitter ............ 39 31 --CITY OF DUBUQUE 1971 CONCRETE CURB & GUTTER PROJECT NO. 1, Schedule of Assess- ments...........................................................42, 44, 45. 40 " 31—CITY OF DUBUQUE 1971 ASPHALT PAVING PROJECT NO. 1, Schedule of Assessments. ....................47, 48, 49, 51 53, % 57, 59, 234 " Rayor, 288, 288 31 --Couchman Gaylord M., resolution of gratitude extended to him for years of service to the citizens of Dubuque . .............................. 59 Feb. 7—City Council, Regular Session . .................................. 63 " 7—Connelly James F., supporting the Ecumenical Housing Development .......................................... 64 7—Civil Service Commission, submitting report of for on the Fire entrance examination positions Department.........................................................68, " 159, 359 71 14 --City Council, Special Session . .............................. 14—Claims for the month of December 1971, Proof of PublIcation.............................................................. " 21—City Council, Special Session .................................... 71 82 " 29 ---City Council, Special Session ..................................... 84 " 28—City Assessor, submitting a stipulation agreed upon by Kennedy Mall, Romac and the City Assessor relative to the real estate assessment. 84 " 28—Council proceedings for month of December 1971, approved as printed . .......................................... 28—City Manager, recommending denial of petition 85 requesting permission to paint house numbers oncurb fronts . .................................................... 85 INDEX —BOOK 102 1972 SUBJECT Page " 28—Cosley James A., request to rezone property at corner of Kennedy and Asbury Road denied. 85 28 --City Manager, submitting a food service and a per- mit fee ordinance. ...............................88, 97, 111, 112 Mar. 6—City Council, Regular Session . ................................ 95 6—City of Dubuque Financial Report for the Fiscal Year 1971. ........... 6—Claims for the month of January 1972, proof of publication. .............................................................. t'► 96 ---City of Dubuque Street Budget Report for 1971. 101 9—City Council, Special Session . .................................. " 104 9--Cicciarelli Terry, objecting to the proposed zoning ordinance................................................................. " 13—City Council, Special Session. ........... 1105 08 13—Cottingham & Butler Inc., requesting return of „ Black R White Cab Co. insurance policies. ... 106 13—City Manager, requesting approval of city partici- pation in a study of nursing services within the City 13—CITY OF DUBUQUE 1972oCONCRETE log. 134 PAVING WITH INTEGRAL CURB PROJECT NO. 1. preliminary plans and specifications ................. „ ....................................114, 116. 202, 203, 205. 13—CITY OF DUBUQUE 1.972 ASPHALT PAVING 25ti, W PROJECT NO. 1, preliminary plans and speci. f ications. .......................... 117, 118, 206, 207, 208, 255, 256, 806, 553, 554, 13—City Solicitor, submitting opinion concerning 555. 556 zon- ing ordinance to permit Mercy Medical Center's request for a clinic and apothecary. ...... 125. 15 --City Council, Special Session 146, 162 . .................................... 20—City Council, Special Session. 20 "' ....•. 126 129 --Collins James, a appointed to the Human Rights Commission. ................ ' 20 --City Solicitor, ex,lan..a..tion....to..the Council concern- ing the 129 provisions of Majority Vote on ordi. nan" 20—Catholic Mother s and resolutions........................................ ncomplaining of X-rated 131 movies to be shown in Dubuque . ...................... April 3—City Council, Regular Session " 134, 140 . ....................... 3—Culver Congressman, acknowledging receipt of COPY of resolution relative to Intergovernmen- 139 3--Claims oro the month of February 1972, proof of publication " 140 .................. recommending that parking be 142 pro. hibited on the north side of 16th Street from Elm to Pine and Maple to Kerper, and south „ side from Sycamore to Kerper. ,,. ,•, 3 ---Clark Walter O. 143 et. al., Leon Wersin er Citizens of the north end, objecting to „ cal Associates moving Medir 3—City Solicitor, submitting opinion concerning the 145, 161 Powers of the Board of Adjustment, and ad- vising the Council that any attempt by ordi- nance to place such powers in any other body or person would clearly conflict with the 3—CitySSolicitor, state ubmi(tin e.. g proposed ordinance 148, 182 pertaining; to Mercy Medical Center's petition for Special Use Permit. 3 --City of Dubuque to . • •••.•.•• •• 147, 162, 424) the Iowa Crime COmmipjo to in obtain Granth under the Omnibus Crime Control and Safe Streets Act . ................................... 3 --City Manager, recommending that the May- sign 151 an Agreement with the Iowa State Highway Commission for the imp No, rovement of Highway 20 with 6" stabilized shoulders. ........... 152 INDEX —BOOK 102 1972 SUBJECT -- - Page " 3—City of Dubuque Waste Water Treatment Facility, Phase 11, authorizing the City Manager to execute a Consent Order. 152, 153, 154. 231, 589, 590 4—City Council, Special Session . .................................. 157 " 10—City Council, Special Session . .................................. 158 " 10—Civil Service commission, submitting report of examination for position of Automotive Me- chanic....................................................................... 158 10 --Civil Service Commission, submitting report of promotional examination for position of As- sistant Chief 'Training and Personnel Officer of the Fire Department . .................................... " 10—City Manager, advising the Council of his approval 159, 448 of Police Chief Robert J. O'Brien's application for training at the F.B.I. Academy . ................ 159 " 17—City Council, Special Session . .................................... 172 17 --City of Dubuque Airport Terminal Building com- pleted and accepted . ......................................... 175 May 1—City Council, Regular Session . .................................. 187 1—Culver Congressman, advising that the Ways and Means Committee has completed work on the Intergovernmental Fiscal Coordination Act.... 187 " 1 --Claims for the month of March 1972, proof of publication............................................................... 188 1 --City Clerk, communication of the County Auditor concerning the transfer of all registration and voting records....................................................... 188 8—City Council, Special Session . ................................ 202 " 15 ---City Council, Special Session. 213 " 15—Central Avenue Merchants, requesting permission to hold a Central Avenue promotion, includ- inga dance............................................................. 214, 250 22—City Council, Special Session . .................................... 222 " 22 ---Claims for the Month of April 1972, proof of publication............................................................... 222 22—City Manager, submitting a copy of a Consent Order from the Iowa State Water Pollution Control Commission which is to be executed by the City and by Industry in order to receive approval on Phase TI Construction and retro- activeFunds........................................................... 231 " 22—Celotex Corporation, agreeing to Consent Order from the Iowa Water Pollution Control Com- mission..................................................................... 232 30 --City Council, Special Session . .................................. 236 30—City Manager, recommending the transfer of the following Special Assessments Accounts to the Special Assessment Reserve Account to close out inactive accounts . ............................................ 237 30—Council proceedings for the months of January February and 1972, approved as printed. ........ 240 30—City Manager, authorized to execute and file ap- plication with the U.S. Department of housing and Urban Development under Section 701 of the Housing Act of 1954, to participate in the Comprehensive Planning and Management Pro- gram......................................................................... 242 June 5—City Council, Regular Session . .................................. 247 S --City Manager, notifying John A. Nagle to dis- mantle property and clean up premises located at 109 St. Mary's Street ......................................... 247, 319 5 --City Manager, recommending restriction of park- ing on Asbury Road . ............................................ 248. 307 5—City Manager, recommending the adoption of an ordinance to Establish an Electrical Examin- ing Board, and an ordinance to Establish a complete Electrical Code . ..........................249, 308, 311 12 --City Council, Special Session . .................................. 260 INDEX — BOOK 102 1972 SUBJECT Page 12 ---City Hall, an architectural firm to be hired to determine how existing space can best be used, and restoration of third floor be considered. 264 " 12 --Canfield Hotel Inc., granted Cigarette Permit. ... 270 " 12—Corbett Earl G., granted Cigarette Permit. .......... 271 " 13—City Council, Special Session . .................................. 276 " 19—City Council, Special Session . .................................. 278 " 19--Cornerstore, requesting permission to solicit funds. 279 " 19—Corson Kent C., appointed to the Dubuque County Commission on Crime and Deliquency............. 282 19—City Auditor, submitting a resolution concerning S. F. 1125 (Fiscal Year Bill) ............................... 282 " 19—Coveney William, granted Cigarette Permit. ...... 290 " 19—Coates James E., granted Cigarette Permit........... 290 " 22—City Council, Special Session . ................................ 294 " 26—City Council, Special Session . ................................. 2% " 26—Cock & Bull, granted Cigarette Permit . ............. 297 " 26—Cremer R. J., granted Cigarette Permit ................... " 297 26—Clark Service Station, granted Cigarette Permit. " 297 26—Chalder Florence E., granted Cigarette Permit..... " 297 26—Clarke College, granted Cigarette Permit ............. " 297 26—Creseent Realty Inc., granted Cigarette Permit. ... " 298 27—City Council—reconvened at 4:30 P.M ..................... " 27—Creslanes Bowling, granted Class "C" Beer and 1300 LiquorPermit . ....................................................... 301 July 3—City Council, Regular Session . ................................. 303 3—Culver, Congressman John, advising the City that. the State Local Fiscal Assistance Act will pro- vide the City an annual apportionment of $885,245 . ............. 3—Claims for the month of May 1972, proof of pub. 303 lication................................................... ....... 3—City Manager, recommending issuance of a permit 303 for Car Wash owned by Sun Oil Company at Pennsylvania Avenue and John F. Kennedy Road „ . ............................................ 306, 3—City of Dubuque 1971 Concrete Curb and Gutter 338 " a 3—Councilect No. proceedings forleted the 306 months ofpMarch and „ April 1972, approved as printed . ...................... 3—City Engineer, submitting 306 progress report on „ Water Treatment Facilities and Contract U. 306, „ 3 --Cahill Robert E., granted Cigarette Permit........... 348 10—City Council, Special Session . ................. " 10—Cullen 326 330 Schiltz Associates, receiving award from the American Society of Landscape Architects „ for construction of Downtown Clock Plaza...., 10 ---City of Dubuque 330 receiving an award from the American Society of Landscape Architects for construction of Downtown Clock Plaza. ......... 17 --City Council, Special Session. 330 ................... " 17 --City Manager, recommending"tr "' It lights on Glenwood Court sand (Creston f " 336 Street. 17 --Colt .45 Drum & Bugle Corps, requesting permis- 338 „ Sion to sell apples. .......,,, ................. .....""":"" 24— City Council, Special Session 340 . :..... " 24 --Coffee John P., a ec a appointed to the Recreation Com- mission rald .34x 24—City Managersubmittingubmittinlace g State MAud tares Report of " the :34x 24—Citthe ager, recomr mendingcal rrest restriction of park. ing 348 on south side of East Fifteenth Street be- tween Sycamore and Lynn Streets „ parking . ............. to two hour 31 --City Council, Special Session " 349 ..................................... 31—Car Wash to be constructed on J.F.K. Road near U.S. #20 and University Avenue. 359 .......... I......... 380, 387 INDEX - I300K 102 1972 SUBJECT _ Page -- -- ag Aug. 7—City Council, Regular Session ..................................... " 365 7—County Department of Social Services, supporting proposed Youth Services Bureau . ...................... " 365 7—Citizens Advisory Commission, opposing the bond 418 and insurance requirements for licensing elec- trical contractors as proposed by the Nat). 419 Electrical Contractors Ass'n. .................... " 366 7—Claims for the month of .lune 1972, proof of pub- lication..................................................................... " 367 7 --Canfield Hotel Inc., offer to purchase a portion of the Downtown Urban Renewal land for re- 422 development . ..........................................375, 437, 509, 567 7—CITY OF DUBUQUE SOUTHERN AVENUE WATER MAIN EXTENSION, completed and accepted................................................................... " 376 7—CENTER GROVE VALLEY SANITARY INTER- 478 CEPTOR SEWER 1972, CONTRACT I, HUD 432 project Number WS -IOWA -99, preliminary „ plans and specifications. ..........381, 382, 408, 467, 469 7—City Manager, recommending that the CITY, COUNTY and DUBUQUE COMMUNITY and WESTERN DUBUQUE, SCHOOL DISTRICTS 434 enter into a cooperative purchase program. 385, 512, 559 14 --City Council, Special Session . .................................. 388 14—City Manager, recommending installation of street 440 light on Brunswick Street ..................................... 388 " 21—City Council, Special Session . .................................... 392 " 21—Council proceedings for the month of May 1972, 445 approved as printed . .............................. 393 21—City Manager, ordering Mrs. Byrdena Bader and Mr. Milton J. Bader to dismantle building and clean up premises at 2560 Elm Street ............. 393, 436 " 23—City Council, Special Session . .................................. .414 " 23—City Manager, submitting budget recommendation for the fiscal year 1973 .............415, 477, 495, 496, 497 Sept. 4—City Council Regular Session . ............ ...................... 417 " 5—City Council, Adjourned Regular Session ............... 418 " S --City Assessor, recommending settlement of assess- ment of real estate owned by Fischer Inc., Fischer Realty Co. and Plastic Center, Inc....... 418 " 5—Claims for the month of July 1972, proof of publi- cation....................................................................... 419 " 5—City Solicitor, submitting an amendment for au- thority issue Class "B" to a Beer permit to premises located in Local Business "A" classi- fication, but recommending that the Council not issue a permit to Mr. Phil Langan ............. 422 " 5-4C:ity Auditor, authorized to execute for and in be- half of City an application for the purpose of obtaining certain Federal Financial Assistance under the Disaster Relief Act (Public Law 606, 91st Congress) . .............................................. 428, 478 " 11—City Council Special Session . .................................... 432 " 11—City Manager, recommending installation of street lights on Phyllrich Drive, intersection of Phyll- rich and Keystone Drives, Norland Drive and at the intersection of Norland and Keystone Drives....................................................................... 434 " 11—City Clerk authorized to sign city papers during the absence of the City Manager ....................... 434 ............ " 18—City Council, Special Session . .................... 440 " 18—"Consent Order," the City Manager authorized and directed to execute a Consent Order with the Iowa Water Pollution Control Corn mission. 445 " 25—City Council, Special Session . . ................. ................ 447 INDEX —BOOK 102 _ Page CT 1972 25 --Council proceedings for the month of ,rune 1e4&, approved as printe .............................. ........... f o 25 --Claims for the month of August 1972, proof of publication.............................................................. 25 --Curtis Straub Company, liability policy ..................... 25—Clin-Que Inc.. Notice of Suit ..................................... 26—City Council, Special Session ..................................... Oct. 2 ---City Council, Regular Session . .................................... 3 --City Council, Adjourned Regular Session ............... 3—Catholic Mothers Study Clubs, objecting to the par use of the vill'onsosal that andn asheltefee r houses idef the Dubuque Parks....................................................................... of real 3—City estate assessment ofIrvinLJudy A settlement& Duane C. Koethe for property located at 2100 Rhom- berg Avenue... .............................. ••• ............••.••••. .. 3 --City of Dubuque accepting Urban Planning Grant Award designated Program No. Iowa -P-171 con- sisting of Parts I. II and III........ ........................ 16 ---City Council, Special Session ................................... 16—City Manager, submitting proposal from Rossiter & Hamm, Architects, covering study and design for renovation of the City Hall ........................... 16—City Solicitor, recommending that an Ordinance adopted on March 21, 1907 vacating and grant- ing use to Dubuque Boat & Boiler Works of a portion of levee property on the north side of the Ice harbor be repealed ............................. 16--Chalder Florence E., granted Class "C" Beer Per- mit. .................................... ....................................... 24—City Council, Special Session ..................................... 24—Claims for the month of September 1972, proof of publication............................................................... 24—Clark James Dr., appointed to the Airport Com- mission to replace Robert Woodward ............... 24—Chase Duane & Marie Sullivan, requesting rezon. ing of property at 17107 1726 and 1740 Asbury Street from Two Family to Multiple Family Classification........................................................... 448 448 448 449 453 459 460 460 461 466 473 473, 526 477, 502 484 486 486 487 Nov. 6—City Council, Regular Session . .................................. 6 --Chamber of Commerce submitting report on the City's 1973 Budget . ................................................ 6—City Manager, submitting a list of parcels of real estate consisting of 10 acres or more, which is eligible for taxation as agricultural land.... 6—Ciecarelli Frank Mrs., appointed to the Board of Zoning Adjustment . ............................................. " 13—City Council, Special Session ............................... . 13—City Hall, remodeling of the 1st. Floor to accomo- date the organization of the Finance Depart- ment......................................................................... " 13—City Garage, Invitation for Bids for the vacant City Garage located at 14th and Elm Streets. 13 --City Manager, submitting an amendment to the Traffic Code to prohibit parking in downtown alleys, except for loading and unloading of vehicles. ....... 13—City Solicitor, submitting an amendment to the Beer Ordinance governing the prohibition of films to taverns ...................................................... " 13 --City Manager, requesting permission to execute an Agreement with HUD for the future expansion of the Water Treatment Plant ........................... 20 --City Council, Special Session ..................................... 490 495 496 496 497 515 515 517, 559 517 518 524 529 INDEX — BOOK 102 1972 SUBJECT Page " 20—City Manager, submitting a report concerning com- plaints against the Police Department as re- sult of an incident on August 26, 1972 also submitting a Police Department llandboo and suggesting that a Task Force be organized to review and report on the handbook. ........532, 542, 549 27—City Council, Special Session . ................................. 542 27 ---Claims for the month of October 1972, proof of publication.............................. 542 " 27—City Manager, recommending denial of petition of John V. Meehan for an easement for a drive- way to Lot 2 Eagle Point View ......................... 542, 564 Dec. 4 --City Council, Regular Session ..................................... 549 4 --Clark James N., bond . ................................................ 550 " 11—City Council, Special Session . ........................ 563 11—City Manager, recommending that the property located at 1210 Dodge Street, owned by James W. Collins, and property located at 1208 Dodge Street, owned by Marvin Kahle, be dismantled and the premises cleaned up ............................... 563, 564 11—Collins James W., ordered to dismantle building and clean up premises at 1210 Dodge Street. 563 11—City Manager, recommending that O'Connor, Brooks and Company be retained to audit Water, Parking Facilities and Sewage Rental Funds, and that the State Auditor audit all other accounts of the City ................................... 564, 578 11—Carr Laverne P. Mrs., Notice of Claim . .................. 566 " 11—Clarke College, granted Class "B" Beer Permit..... 574 " 18—City Council, Special Session . .................................... 577 18 ---Council proceedings for the months of July, Aug- ust and September, approved as printed......... 577 18—Culver Congressman, submitting a list of initial revenue sharing payments ................................... 577 " 18—City Solicitor, recommending settlement of suit in the amount of $2000 of Joseph James Piluzza against Police Officers of the City of Dubuque. 578 INDEX —BOOK 102 _ SUBJECT --Page 1972 Jan. 3 --Dubuque Bank & TrustDCompany, appointed of ficial depository of public funds . ..................... Z 3—Dubuque Packing Company, purchase of Lot 3 22. 76 Riverfront Subdivision No. 4 ........................11. to the Advisory Commis " 17—Day Robert, appointed . 18 " sion.......................................................................... 17—Dubuque Stone Products Company. liability policy. 19 " 17—DubuqueSchool cSrequesting vacati no of au portion of Johnson Street 21, 38, 98, 99, 169 ............................... .............................. . 17—Dub.uque Savings & Loan Assn., requesting a curb cut on J.F.K. Road for customer traffic. 22. 38 " 17—Drake Ursula, granted Class "C" Beer and Liquor Permit....................................................................... 17—Dubuque Building, Mr. Shepplev addressed the 28 Council concerning the possibility of the City's occupancy of the building . .................................. 28 " 31—Dubuque Homeowners & Landowners Association. requesting an investigation into the actions of Gent Wittenberg and failure to apply for HUDfunds............................................................... 37. 65 Feb. 7—Dubuque Board of Realtors, opposing the Ecumeni cal Housing Development at Sixth and Locust Streets....................................................................... 7—Dougherty Tom Mr. & Mrs., objecting to the Ecu- 65 menical Housing development ............................ 66 " 7—Dubuque County Historical Society, going on rec- ord for the encouragement of the use of City Hall for municipal purposes . .............................. 67 " 7—Dubuque Plumbing & Heating Company, liability policy.............. ....................................... 67 " 14—Danglemeyer Laurine, Notice of Claim . ................ 72, 130 14—D.A.V. requesting refund on Class "B" Beer Per- mitNo. 87................................................................. 76 " 28—Daughters of Union Veterans Mary Agard Tent *35, requesting permission to hold tag days. 90 Mar. 6—D. B. Q. Inc., granted Class "B" Beer Permit......... 102 " 9—Dubuque County Taxpayers Assn., requesting that the Zoning Commission do a complete survey of all non conforming use in regard to size, structures and land use . ...................................... 104 " 9—Dubuque Art Association, objecting to billboards and recommending the control of commercial signs......................................................................... 105 " 9—Dubuque Board of Realtors, submitting sugges- tions concerning the new proposed zoning ordi- nance, and recommending changes in appoint- ments to Boards and Commissions . .................. 106, 139 " 20—Duncan Malachi, replaced on Human Rights Com- mission by James Collins .................................... 129 April 3—Doty Virginia Mrs., claim denied . ............................ 142, 247 3—Dubuque Downtown Association, requesting per- mission to sponsor a Garage Sale . .................... 147 3—Dubuque Shrine Club, requesting permission to conduct a parade . ................................................ 147 " 3—Dodge Street Corridor Study, Iowa State High- way Commission asking for additional funds " in the amount of $6,988.00. ..........153, 320, 376, 389 3—Deutsch Florance Theodore, granted Class "B" Beer Permit ............. 155, 373 .... 10—Democratic Central Committee, requesting per- mission to conduct a door-to-door candy sale. 168 17—Dubuque Disposal Co., objecting to proposed " amendment to Garbage and Refuse Ordinance 174 17—Dungeon Ltd. The, granted Class "C" Beer & Liquor Permit....................................................... 182 INDEX —BOOK 102 72 SUBJECT page May 1—Dubuque Symphony Orchestra, requesting special Youth Symphony Orchestra Day . ..................... 182 1---Daykin Robert, requesting the vacation of alley in rear of 810 So. Grandview Ave ........................... " 193, 236 1 ---Dubuque Golf & Country Club, granted Class "A" 271 Beer & Liquor Permit . .......................................... 200 " 15—Dubuque Yacht Basin, endorsing legislation pro- hibiting swimming in boat harbors . .................. " 213, 278 15—D. B. Q. Inc., granted Class "C" Beer & Liquor Permit. .......................... 220 22—Dubuque Packing Co., requesting the City to re- 281 linquish easements described in Resolution No. 775-52, known as Lot 1 Block 8 of Dubuque Packing Co. Addition . ................... ...............230, 264. 31 22 --Dubuque Packing Company, agreeing to Consent 297 Order issued by the Iowa Water Pollution Con- 297 trol Commission..................................................... 232 " 22 --Dubuque Tank Terminal Company, agreeing to 298 Consent Order issued by the Iowa Water Pol- lution Control Commission . ................................ 232 June 5—Dubuque Community School District, authorizing the City to use an undeveloped playground site for a City recreation area . ................253, 318, 319 " 12—Dubuque Packing Company Retail Store, granted Cigarette Permit . .................................................... 270 " 12—Dunbar I.innie, granted Cigarette Permit . ............ 271 19—Dubuque Tank Terminal Co., supporting the Health Department in its effort to prevent swimming in the Mississippi River . .................................... 278 " 19—Dubuque County Commission on Crime and De- linquency, appointment of members to the Commission............................................................. 281 " 22—Dubuque County Nursing Home, requesting an ad- ditional access road to and from the Nursing Home........................................................................ 294 " 26—D. A. V. Club, granted Cigarette Permit ................. 297 " 26—Dunne William, Granted Cigarette Permit ............. 297 " 26—D. B. Q Inc., granted Cigarette. Permit ................... 297 26—Drake Ursula, granted Cigarette Permit ................. 298 " 26 --Dubuque Golf & Country Club, granted Cigarette Permit....................................................................... 298 July 3—Dubuque Youth Services Project, to receive aid from the Dubuque County Mental Health Cen- ter of 15 hours per month of staff time........... 303 " 3 --Donovan Melville E., granted Cigarette Permit..... 326 " 3—Dubuque Motor Hotels, Inc., granted Class "B" Beer & Liquor Permit ........................................... 328 10—Durrant, Deininger, Dommer, Kramer, Gordon, Architects, receiving award from the American Society of Landscape Architects for construc- tion of Downtown Clock Plaza ............................. 330 " 10—Danglemeyer Carl J., Notice of Claim ..................... 332, 3.94 10—Dubuque Downtown Business Association, request- ing permission to conduct a "Krazy Day" side- walksale................................................................ 334 17 -.-Dubuque Blacktop Inc., sidewalk bond . .................. 338 " 17—Duve Harvey A., Notice of Claim . ............................ 339 " 17—Dubuque Jaycees Inc., granted two Class "B" Beer Permits.............................................................346, 401, 423 Aug. 7—Duffy Chris et al., requesting the City to endorse and support the Youth of Dubuque by means of a Service Bureau ............................................... 365 7--Dorweiler Delos, proposing that the City Attorney help him in taking legal action against Our Redeemer Lutheran Church, forcing them to install a storm sewer ............................................. 368 INDEX —BOOK 102 ltm -- SUBJECT 7—Dubuque Building and Construction Trades Coun- cil, requesting a meeting with the City Council. 7—D. A. V. Fighting Back Chapter No. 6, requesting permission to have a tag day.. 21—Dubuque Downtown Plaza, Urban Renewal Project Iowa R-15, amendment of Resolution No. 274- 70 to correct a City Lot number to read 224B rather than 244B . .................... _. Sept. S--Dorweiler Delos, requesting denial of petition tc rezone property located between Foothill Road and Hillcrest vest of Kennedy Road from Multiple Residence to Business District. Clas. i. flea t io n . ....................................... . S --Dillon Pat et al., requesting installation of a street light on Greenfield Street . ...................... " 5—Disaster Relief Act, City Auditor authorized to execute and file application for the City for purpose of obtaining Federal financial assistance. 11—Democratic Club of Dubuque County, opposing the north -south freeway plan. ...i........................ 11—Dreesens Priscilla E., Notice of Clam . .................. " 18—Dubuque Board of Realtors, urging the Ci!yr Coun- cil to vote favorably on the proposed FYeeway for the City and County of Dubuque . ............. 18—Dubuque Piping Contractors Assn. Inc., wishing to be recognized as an organization and to tw represented anyCommittee CitttCommittee orn se. 18 --Democratic Central .qnesng permit to parade from Loras College to Democratic Headquarters, 18—Dorweiler Delos, requesting rezonin of Lot 10 of Block 3 of Mettel I,ink Sub, from present Classification to Business "B" classification... 25 --Dubuque Automobile Club, presenting the City with a Pedestrian Safety Plaque.......... 25 --Dimmer Paul M. & Lyle J., sidewalk bond ............. 25 --Denman .James R., Notice of Claim . ........................ 25 --Dubuque Jaycees, requesting duct their annual Honeysalle. ....rmission t.. con Oct. 3—Dubuque Packing Company, construction, operatioand maintenance etual nof for storm sewer in Lot 2 of 2 of River Front Subdivision No. 4 . .............. ,. .................................. 3—Dittmar Rudy, granted Cigarette Permit ................. 16—Dubuque Packing Company, requesting the vaca- tion and conveyance of Maple Street between 16th & 17th Strects........................................ 16—Dubuque Boat & Boiler Works, recommendation of City Solicitor that Ordinance adopted on March 21, 1907 purporting to vacate and grant the use of a portion of levee property on the North side of Ice Harbor he repealed.... 16—Disaster Declaration of September 26, 1972, for the purpose of obtaining Federal Financial aid Nov. under the Disaster Relief Act. .......... 6 -_District Court of Dubuque, taking Ora! Deposition 6 in case of Mercy Medical Center. —Dubuque Association of Blind, reques sion to conduct candy sales. .. tin= Permis- 20—Dubuque County Hist favorable consiorical Society, requesting deration shown to Robert Sulli- van on his reynest for rezoning of property at 27--Downey1320 Locust Street . ............ James M.,...... ....................... Notice of Claim ........................... 368 372 410 421 424, 434 428 433 435, 474 440 441 441 443 446 448 449, 576 449, 474 467 470 473, 496 477, 502 478 499 505 536 544 INDEX —BOOK 102 1972 - SUBJECT Page Dec. 4—Davis James C., appointed to the Plumbing Board. 550 11—Durrant-Deininger-Dommer-Kramer-Gordan, Archi- tects, Agreement with the City in connection with design for a Joint County -City Law En- forcement Center . .................................................. 569, 584 18—Dorweiler Delos, relative to the rezoning of his property in Westchester Subdivision by repeal- ing Section 2 of Article IV of Ordinance No. 3--34......................................................................... 579 18 ---Duggan John et. al., requesting extension of sani- tary sewer in the vicinity of Kelly Lane area. 583 INDEX —BOOK 102 1A72 SUBJE('T' --- ---.- Page Jan. 31—Ecumenical Housing Inc., communications endors- ing and opposing the proposed construction of housing units for the elderly in Downtown Dubuque. ...................................................37, 38. 64, t3fi Feb. 7—Ecumenical Housing Inc., offer to purchase Urban Renewal property at 6th & Locust Streets to be used for construction of an eight story apartment building..........................................63, 67, 582 Mar. 6---Erschen Alice H., granted Class "C" Beer & Liquor " Permit...................................................... ........ 9—Environmental Coordinating Organization of Du- 103. 192 buque, pointing out deficiencies in the pro- posed zoning ordinance ........................................ 106. 215 April 10—Eska Company, authorized to construct an Identi- fication Sign .................. .............»........................... 17—Enz Emma, Notice of Claim ........................................ 165 172, 240 17—Esser Brenda, objecting to proposed amendment of Refuse Ordinance .............................................. 175 May 1, 1—Edwards Construction Company, Sidewalk Bond 188 22—Even Joseph J., expressing intent of quitting Taxi- June cab business ..................................231, 251, 265, 5—Electrical Code, recommendation of the Dubuque 280, 336 Code Committee that the local electrical code be revised and that the 1971 National Electri- " cal Code be adopted ..............................24.9, 250, 12—Eagle Food Stores, granted three Cigarette Permits 307, 311 19—Eagles Club, granted Cigarette Permit .................... 270 290 19—Eichhorn Lester & Marie, granted Cigarette Permit 290 26—Elks Club, granted Cigarette Permit ...................... 297 July 3—Erschen Alice, granted Cigarette Permit ................ 3—Ellis Victoria, granted Cigarette Permit 326 .................. 17—Ehlers Donald H., appointed to the Board of Elec. trical Examiners 326 .................. 17—Ellis Me ............................... rwyn, appointed to the Electrical Board 336 of 24—ELECTION on the proposition issuing 336 of bonds to the amount of $195,000 for a JOINT COUNTY - CITY LAW ENFORCEMENT CENTER BUILD- Aug. ING ..................................353, 355, 356, 361, 362, 367, 414 21—Eichman Damaris et. al., supporting bike -ways for the City of Dubuque Sept. .......................... I1—Eberhardt Auleen C., suggesting that the freeway be routed around rather than 392 " of through the City 18—Engling Patuappointed to the Youth Services Council 43'L .......... 18—Ernst Ellena, ........ Council PPointed............ . to the Youth Servic.. es es ................................................................... 446 Oct. 16—Ellsworth for Congress Committee, requesting per. mission to have a meet the people coffee the 446 Nov. at Town Clock Plaza Fountain ........................ 20—Ecumenical Housing Inc., Dismissal of Suit 476 .......... 532 INDEX - BOOK 102 1972 -- SUBJECT Pace F Jan, 3—Frommelt Lea F., appointed City Clerk for the ensuing fiscal year ................................................ 3—First National Bank, appointed official depository ofpublic funds ...................................................... 3 --Fischer & Company Inc., liability policy .................. 3—Fondell & Sons Inc., liability policy .......................... 17--Furuseth Leslie, appointed to the Dock Commission 17—Fire Department Headquarters Building at Ninth & Central Avenue, complete and accepted ...... 31—Fluhr Carl, Notice of Claim by State Automobile & Casualty Underwriters ..................................... 31—Fischer Marion, Notice of Claim .............................. Feb. 7—Fens Adele M., granted Class "B" Beer Permit .... 7—Fransen William P., granted Class "C" Beer & LiquorPermit........................................................ 28—Fleege David, Notice of Claim .................................... 28—First Congregational Church. requesting permis- sion to construct a 6" high curb in alley right ofway...................................................................... Mar. 6—Frommelt Industries, offer to purchase land on Industrial Island..............................................95, 6—Fischer & Co. Inc., granted Class "B" Beer Permit 6—Fraternal Order of Eagles #568, granted Class "C" Beer & Liquor Permit .......................................... April 3—Ford Mary Kathryn, granted Class "C" Beer & LiquorPermit........................................................ 10—Farr Clara Markey, complaining of pigeon nuisance on Bluff Street ...................................... 10—Frommelt Bldg. Corp., authorized to construct a FlagPole.................................................................. 10—Fraternal Order of Eagles requesting refund on Class "B" Beer Permit No, 67 ............................ May 1—Flynn Company Inc., liability policy ........................ June 12—Furry Dale J., Settlement of Suit .............................. 12—Fritz Beulah E., granted Cigarette Permit .............. 12 --Fischer Bowling Lanes, granted Cigarette Permit & Class "C" Beer & Liquor Permit .................. 12—Ferring Theodore J., granted Cigarette Permit .... 12—Felderman Laverne, granted Cigarette Permit . 12—Fettgather Ramona, granted Cigarette Permit & Class "C" Beer & Liquor Permit ........................ 19—Freymann Donald W., appointed to Dubuque County Commission on Crime and Delinquency 19—Ford Mary Kathryn, granted Cigarette Permit ...... 19—Fotos George, granted Cigarette Permit ................ 19—Ferch Denny, granted Cigarette Permit ................ 19—Friederick Carl, granted Cigarette Permit .............. 19—Fries Cyril J., granted Cigarette Permit ................ 26—Fens Adele Mrs., granted Cigarette Permit .......... 26—Fransen William P., granted Cigarette Permit ...... 26—Fenelon Patrick, granted Cigarette Permit ............ 26—Friedman Leona R., granted Cigarette Permit ........ 26—Fink Milton F., granted Cigarette Permit .............. 26—Fess Roger L., granted Cigarette Permit .............. July 3—Fence heights, recommendation of Planning & Zoning Commission to increase height of rear yard fences from five feet to eight feet .......... 3 ---Franchise Realty Interstate Corporation, (Mc- Donald's Corp.), offer to purchase a parcel of real estate in Downtown Urban Renewal Project Iowa R-15 ...........................................321, 3—Five Flags Civic Center, endorsement by the City Council and acceptance of the facility at the proper time by the City for the use of all citizens..............................................................324, 1 2 5 5 18 24 40 40 69 70 87 90, 144 122, 176 102, 340 103, 168 155 158 165 168 188 261 270 270, 272 270 270 271, 272 290 282 290 290 423 290 290 297 297 297 297 297 297 305 374, 411 330, 376 INDEX—BOOK 102 SUBJECT Page 1972 10—Flynn Thomas, replaced on Planning & Zoning Commission by Lester J. Nhart .......... •• ,....... 335 " 17—Fischer Investment Company. sidewalk bond .. 33A " 17—Fire Fighters Association, requesting permission Council concerning working to address the 940 Aug. conditions ........................................... . 7—First National Bank, request to rezone property District at 22nd and Jackson to Business approved by the Planning & classification ....................................... . Zoning Commission.367. 390, 422 " 14—Finzet Carl Mrs., objecting to cement posts con- Park to prevent thru traffic 388 structed in Flora Sept. 5—Fischer, Inc., Fischer Realty Co. and Plastic Cen- of protest of assessment ter, Inc., settlement 418 " of real estate • ................ 5—Friedman Leona R., granted Class "B" Beer 429 " Permit..................................................................... 11—Fuerst Richard & Shirley, requesting Vacation and conveyance of an alley to rear of 1895 435, 446. 498 " Roosevelt Street ................................... _......... 11—Ferring Theodore J., granted Class "B" Beer 437 " ................................................. Permit .................... 18—FREEWAY 561, Proposed Corridor Location for Dubuque County, petitions for and against the proposed location ..432, 440, 447, 460, 467, 473, 497, 561 " 18—Forslund E. D., Notice of Claim .......................442, 465• 516 Oct. 3—Fries Cyril John, granted Class "C" Beer & Liquor " Permit..................................................................... 16—Fransen William P. et. al., objecting to proposed 471 Couler Valley freeway .......................................... 473 " 16—Fondell & Sons, requesting permission to excavate in Kennedy Road for water connection for Dubuque Savings & Loan Association ........... 475 " 16—Finley Hospital, requesting rezoning of property in Boxleiter's Sub. of Caroline Boxleiters Sub. Sidonia Hosford's Sub. and Finley Home Ad• dition from its present Two Family to Multi- ple Residence District permitted use (h) ........ 476, 566 " 24—Fondell & Sons Inc., requesting permission to excavate in E. 32nd Street between Jacksun Street and the railroad viaduct ....................... 490 Nov. 6—Fortmann Robert W., Notice of Claim .................. 501, 565 " 6—Fischer & Company Inc., authorized to construct a dock extension at 200 Fast 7th Street .......... 504 " 6—Fleckenstein Ray, granted Cigarette Permit .......... 510 " 13—Fe)Aerman Laverne G., granted Class "C" Beer Permit...................................................................... 525 INDEX —BOOK 102 1972 _ SUBJECT Page G Jan. 31—General Fund, transfer of monies to the Sani- tation Fund, Tort Liability Fund and Trust andAgency Fund .................................................. 41 31 --Gordon Lorraine, requesting refund on Class "C" Liquor Permit No. 2137 ............................ 42 Feb. 7—Gott W. M., opposing the Ecumenical Housing development............................................................ 65 7—Goodmann Dominic, bond ............................................ 67 Mar. 13—Garbage and Refuse ordinance presented and re- ferred to a future meeting ................................ 112, 172 April 3—Giesler Elizabeth et. al., urging a ban on X rated films.......................................................................... " 140 10—Grant Company, W. T., Dismissal Without Preju- dice of Suit against City ...................................... 160 May 1—Gratz Clarence (Barney), sidewalk bond ................ " 188 1--Gantert Barry N., granted Class "B" Beer Permit 199, 333 30—Grandview Avenue Sanitary Sewer, connecting the Marycrest Subdivision to the Kaufmann Ave- nue Sanitary Sewer, completed and accepted 242 June 5—Gantert Harry N., granted Class "C" Beer & Liquor Permit ...... ....... 258 " 12—Giese Sheet Metal Co., requesting a refund on an airconditioning permit . ........................................ 263 " 12—Giese Sheet Metal Co., requesting permission to install an air conditioning unit at rear of 504 Central Avenue at Traveler's Cafe .................. 264, 316 " 19—Giunta Marco, requesting refund on Liquor Permit No. C4520 ................................................ 280 " 19—George Frank & John, granted Cigarette Permit 290 " 19—Glynn John F., granted Cigarette Permit .............. 290 19—Grandview Avenue Drug Store, granted Cigarette Permit...................................................................... 290 " 19—Gantert Harry, granted Cigarette Permit .............. 290 " 19—Grabow Ralph, granted Cigarette Permit .............. 290 " 19—Glynn John J., granted Cigarette Permit .............. 290 " 22—Gregory Lou Ann by Leonard Gregory, Notice of Suit............................................................................ 294 " 26—Ginter Donna, granted Cigarette Permit ................ 297 " 26—Giunta Marco, granted Cigarette Permit .................. 297 26—Gordon Lorraine, granted Cigarette Permit ............ 297 26—Grant Raphael William, granted Cigarette Permit 297 July 10—Goerdt Construction Company, receiving award from the American Society of Landscape Architects for construction of the Downtown ClockPlaza.............................................................. 330 " 17—Glenwood Court and Creston Street, installation of street lights recommended ............................ 338 31—G. M. & M Company, requesting rezoning ap- proval to develop 38 acres lying north of 32nd and east of Kennedy Road ................................ 360, 462 Aug. 7—Grimm Ray, Notice of Claim ...................................... 369 " 7—Ginter Donna, granted Class "C" Beer & Liquor Permit...................................................................... 386 " 21—Gerhard Henry et. al., objecting to grant a Class "B" Beer permit to Phil Langas ........................ 400 21—Germaine Gary, requesting permission to con- duct an art fair in the 1700 block of Central Avenue.................................................................... 400 Sept. 5—Goerdt Excavating, sidewalk bond ............................ 419 5—Grabow Ralph J., granted Class "C" Beer Permit 429 11—Greenfield Street, installation of a street light recommended.......................................................... 434 " 11—Grabow Mary Kathryn, Notice of Claim .................. 435, 516 " 18—General Casualty Company, Notice of Claim on behalf of Mrs. Modesta Kemp .......................... 442 a INDEX -BOOK 102 1972 SUBJECT Page " 18—Goerdt Merl F. and Margaret. E., requesting an- nexation of property fronting Sheridan and Peru Roads, and rezoning to allow a mobile home park development .................................... 443, 531 Oct. 16—Greteman N.J., submitting resignation as member of Fire and Police Pension Boards .................... " 473. 54B 24—Grant James W., appointed to the Low Rent Housing Commission ............................................ 487. 513 Nov. (i—Glynn John F., granted Class "C" Beer & Liquor Permit............................................................ " 13—GARAGE, Lease and Invitation for Bids for the 511 vacant City Garage located at 14th and Elm Streets............................................. " 27—Grant Raphael William, granted Class "C" Beer 517 & Liquor Permit ............................. r Dec. "lynn Beverly A., granted Class "C" Beer &Liquor Permit.................................................. " "ordon Lorraine, granted Class "C" Beer & Liquor 560 Permit.................................. .................................... 560 INDEX — ROOK 102 SUBJECT Page H ,Tan. 3—Hird Gerald, bond ............ 5 3—Hutchinson Greg Stephen, claim denied ................ " 5 5 3—Hutter Ethel L., settlement of suit ......................... " 3—Herbst John J., requesting refund on Cigarette Permit No. 102 ......................................... 9 3—Holiday Oil Distr. Inc., granted Cigarette Permit " 14 17—Honkamp Arnold, presenting gavel to Mavor Moldenhauer............................................................ 17—Hummel William G., advising Council of danger- ous switch crossing at Railroad Avenue .......... " 18 17—Hardie Advertising Inc., requesting a refund on a sign permit ......................... " 21 17—Holiday Oil Distributing Inc., requesting refund on Class "B" Beer Permit No. 93 .................... " 22 17—Heiderscheit John J., granted Class "C" Beer Permit................................................................. 27 . 31—Herr King, submitting resignation from the Low Rent Housing Commission .................................. " 38 31—Huebsch Oscar G., Notice of Claim .......................... 39 " 31—Heiderscheit John, requesting consideration on application for hooking up to City sewer and water connections ................................................ " 42, 90 31—Hirsch John R., granted Class "C" Beer & Liquor Permit...................................................................... 60. 112 " 31—Hynes Mary Loretta, conveyance of I.ot 2 and Lot 3 of Newman Cooper & Smyth's Subdivision of the north part of Outlot 695 to the City of Dubuque.................................................................. 61 Feb. 7—Harkey Raymond, Notice of Claim ........................ 68, 110 " 7—H & S 76 Service, granted Cigarette Permit ........ 68 14—H. R. W. requesting rezoning of Lot 2 Picardy Park from Single Family to Multiple Family classification............................................................ 76. 141 " 21—Henschel Richard C., objecting to removal of pro- fessional office zoning classification of his property at 4th & Bluff Streets .......................... 84, 104 28—Hoff Laverne B., Notice of Claim ............................ 86, 130 Mar. 9—Bumke Robert et. al., relative to housing and ownership of dogs .................................................. 104 " 13—Heiderscheit John, requesting that his applica- tion for annexation be withdrawn .................... 108 13 --Health Departments of City and County, in- vestigation of merits of merging the City and the County Health Agencies ...................... 108, 134 " 13—Holiday Oil Distributing Inc., requesting refund on Class "C" Liquor Permit No. 6628 .............. 112 " 20—Heitzman Construction Co., sidewalk bond ............ 130 April 3 --Heston Olivia Mrs., settlement of claim .............. 142 " 3 --Horizon West Subdivision, approval of plat of Lots 1 thru 9 of Block 4 .................................... 1479 148 " 10—Husemann Louis, sidewalk bond .............................. 159 " 10—Hansen Construction Co. Inc., sidewalk bond ...... 159 " 10—Hanley Mona et. al., requesting Council to grant Mercy Medical Center's request to permit construction of an apothecary within a doctors office building....................................................... 162 " 10-44. R. W. Associates requesting rezoning of Lot A Block 22 in Key Knolls Subdivision from "B" Classifi- Multiple to Local Business cation................................................................168, 189, 214 " 10—Hasler Lucile, Edwin & Cecelia, delivery of deed to Lot 2, Block 5 of "Downtown Plaza" to the Cityof Dubuque ................................................... 170 " 17—Humke Robert, objecting to the proposed amend ment of the Refuse Ordinance .......................... 175 INDEX — BOOK 102 SUBJECT Page " 17—Hentges Dorothy R., granted Class "C" Beer & Liquor Permit ..................................................... 182 Max, 1—Heinz Albert, granted Cigarette Permit ................ 199 1 ---.Hall John F.. granted Class "C" Beer & Liquor ...................................................... Permit................ 200 22—Haye Rose Mrs. settlement of claim ....................... 222 " 30—Hall Maurice et. al., requesting vacation of alley located on the west side of Concord Street 240, 304, 359 " 30—Hager Joseph Mrs., settlement of claim .................. 241 June 5 --Henschel Richard C., Agreement with the City of Dubuque and the Dubuque Community School District for a piece of property to he used for a playground area...................................W. " 254, 318 12—Hingtgen Lavern N., Notice of Claim .................. 261, 419 " 12—Hartig Drug Company, granted four Cigarette Permits................................................................... 270 " 12—Hall John F., granted Cigarette Permit ................ 270 " 12--Heiderscheit John J., granted Cigarette Permit .... 270 " 12—Hanson Arsenius A., granted Class "B" Beer Permit................................................................271. 429, 567 " 19—Hunt George R., granted Cigarette Permit ............. 290 " 19—Holiday Inn Motel, granted Cigarette Permit ...... 290 " 19—Hentges Dorothy R., granted Cigarette Permit .... 290 " 19—Heinz Albert, granted Cigarette Permit .................. 290 " 19—Holiday Oil Distr., Inc., granted Cigarette Permits 291 " 19—Herman Curtis et. al., objecting to an existing nuisance at the Laundromat at 27th & Jackson Streets ........... .... " 22—Heidenreich William F. et. al., objecting to the 292 odor emanating from the Sewage Diposal Plant " 294 22--H. R. W. Associates, requesting rezoning of Block 19 in Key Knolls Subdivision to Class "B" Commercial classification .................................. 294. 421 26---Ilaberger Anthony & Gary Stewart, granted Cigarette Permit ..................................... 26—Hanson Arseinus, granted Cigarette Permit .......... 297 297, 567 26—Helling Anthony, granted Cigarette Permit " 297 .......... 26—Hancock William, granted Cigarette Permit .......... 297 July 3—Hantelmann Richard J., granted Cigarette „ Permit ............................... 3—Hennen LaVerne, Cigarette ....... ...... . granted Cigarette 326 Permit t ......... 3—Hirsch Carl, granted Cigarette Permit .................. " 328 327 10—Hillard Richard T., granted Cigarette Permit ...... " 17—Higley Howard F., appointed to the Board of Electrical Examiners 334, 553 „ and Board of Appeal ... 17—Henschel Richard C., appointed to the Electrical 336 Board of Appeal „ ................... 24—Ilaupert Marie, relative to City employees paint - Ing parking meters and fire hydrants 336 ............. 24 -.-Hirsch John R., granted Cigarette Permit .............. " 31—Rosch Loras Mrs., 348 357 Notice of Claim .......................... Aug. 7—Hughes Harold Senator, 980. 484 commending the City on efforts toward a Youth Services Bureau. " ........ 14—Helling Joseph P., Notice of Claim " . ........................ 14—Heidenreich William Mrs., 389,385 420 requesting donation of City trucks to assist in dri" v newspaper recycling .......................................... 21—Hickey Jose•.h..P............... " p by Frank hickey his father, Notice 389, 461 of Claim . ..................... Sept. 5—Hartman Construction Co., al .. ........... " k bond. 395, 420 ...........• 5—Hempstead High School, res est n hold a homecomingq g permission to parade 419 ................. ............... 11—Hillery Jean, a bicycle appealing for legislation covering „ Y paths, 424 ...................................... • -e- "......•••" 11—Hardie Advertising Agenc 432 eeqq to construct a sign at the IBus Staattiont union In the Urban Renewal Area. .... ....... I ................... 435, 450 INDEX -BOOK 102 1972 SUBJECT Page " 18—Hames Myron, Notice of Claim ................................... 443 " 18—Healy Paul, appointed to the Youth Services Council..................................................................... 446 " 18—Humkc Robert, appointed to the Youth Services Council..................................................................... 446 " 25—Hicbel Joseph C., urging the Council to vote favorably on the proposed Freeway ................... 447 Oct. 3—Halloween Parade scheduled for October 30, 1972. 466 " 3—Holiday Oil Distributing, Inc., granted five Class "C" Beer Permits . ...................................... I......... 470 " 3—Helling Anthony A. & Betty 0., granted Class "B" Beer & Liquor Permit . ........................ I ..... .. 471 " 16---Herrig Ronald, member of Governor's Committee on employment of handicapped, requesting amendment of building code to accomodate physically handicapped . ........................................ 473 24—Hillcrest Builders Inc., requesting permission to excavate at 2075 Kennedy Road . ...................... 491 Nov. 6—Hammer Lisa et. al. objecting to Halloween trick or treating during daylight hours only. .......... 505 6--Heitunan herb requesting vacation of an alley from Cherry Street to alley between Cherry and Green Streets . .............................................. 505. 531 " 13—Haas Ronald J., granted Cigarette and Class "C" Beer & Liquor Permits . .................................... " Company, "C" 525, 526 13—Hartig Drug granted four Class Beer Permits........................................................... 525 " 20—Hayes Vincent J., Notice of Claim . .......................... 533. 550 " 27—Hindley Linda M. et. al., requesting that Lorimer Street be changed to St. George Street. .......... 545 27—Henschel Richard C. and Mildred L., approval of Plat of Block 7 "Thomas Farm Addition." ........ 545 " 27—Hantelmann Richard J., granted Class "C" Beer & Liquor Permit . .................................................. 547 Dec. 4—Hird Gerald, bond . ...................................................... 550 " 11-11. R. W. Associates, requesting rezoning of Lot 22 in Key Knolls Subdivision from Multiple Resi- dence to Local Business "A" classification.... 567 " 18—liazlet Kenneth K. Dr., submitting a detailed list of accomplishments of Health Department..... 576 18--4Health Administrator, advising that local mortuary establishments meet and exceed the State Standards relative to backflow contamination to City water distribution . ................................ 576 " 19--Hartig Kenneth A., certificate of completion for improvement in Downtown Urban Renewal Area........................................................................... 586 " 18—Heiderscheit John J., granted Class "C" Beer Permit....................................................................... 591 INDEX —BOOK 102 ---____--- SUBJECT_ _ . Page ._-. .. _ 1972 _.__ .... _ Jan. 1 17—Iowa State Department of Health, approving sani- Water Main tary and functional features of Or Rockdale Road and Southern Extensions West 32nd Street & John F. Kennedy Avenue, Road, Highway No. 20, and 28th Street. ........ 18 17 State Department of Public Instructions, urg --Iowa ing the City to offer meals to needy children during the summer programs as is done dur .............................. . ing the school year ............................................... 19 Feb. 14—Ingles Ronald and Agnes Ingles, settlement of suit. 72 Mar. 13—Intergovernmental Fiscal Cooperation Act, request of the Council that the Act be amended so as to .include all municipal corporations ............... 124, 187 April 3—l.owa Crime Commission, City Manager authorized to execute and file applications with the Com- mission for Grants under the Omnibus Crime Control and Safe Streets Act . ........................1 151 " 3 --Iowa State Highway Commission, Agreement with the City of Dubuque for the improvement of Highway No. 20 with 6" stabilized shoulders. 152 3—I0wa State Department of Health, issuing Permit No. 7259-S for Waste Water Treatment Facili- ties Phase II. 153, 154, 231, 265, 348, 383, 409, 445, 497 3—Iowa State Highway Commission, requesting addi- tional money for the Dodge Street Corridor 320. 376, 389 Study . .......................................................153. " 10—Iowa Supreme Court, submitting Supplemental Opinion,and showing the boundaries of the Legislative Districts established by the Court. based on the cumulative list of revisions in April 1, 1970 Iowa Census . .............. I................ 158 May 1—Iowa State Office of Citizens' Aide, newly created office by Statute . .................................................. 1R7 " 22—lows State Water Pollution Control Commission, submitting Consent Order to be executed by the City and certain local industries. ......231, 232. 265 " 22—Inland Molasses Company Drying Plant, agreeing to Consent Order from the Iowa Water Pollu- tion Control Commission . .................................. 232 June 12—Iowa Liquor Control Commission, advising the City that the State has allowed appropriations for remodeling of stores, but has no funds for new stores or facilities ........................................ 274 " 19—Iowa League of Municipalities, advising of their annual meeting . ................................................... 278 July 3—Iowa State Highway Commission, submitting Agreement for Primary Road Extension Main- tenance from June 1, 1972 to June 30, 1973..... 303 " 3—Iowa Chapter of National Electrical Contractors Ass'n Inc., commending Code Committee on adoption of new Electrical Ordinance . ............ 307 " 10—lo;va State Department of Health, issuing permit for the Center Grove Valley Interceptor Sewer. 331 10—Iowa Commission for the Blind, granted Cigarette Permit....................................................................... 334 " 17—Illinois Central Railroad Company, Agreement with the City for the construction and maintenance of a sixteen inch water main on Railroad property................................................................... 345 Aug. 14—lowa State Highway Commission, submitting a Utilities Accomodation Permit in connection with a proposed water line along Highway 388 INDEX —BOOK 102 1972 SUBJECT Page Sept. 5—Ingles Roy V., Notice of Claim ................................. 421, 499 11—Israeli Government, expression of sympathy by the City Council on the death of the Olympic athletes..................................................................... 438, 529 " 18—Iowa State Highway Commission, Proposed Corri- dor Location of 561 FREEWAY for Dubuque County, petitions for and against. ....432, 440, 447, 460 18—Iowa Water Pollution Control Commission, serving the City with a "Consent Order," placing the City under penalty of law concerning the dis- charge of lime sludge from the municipal water plant to the Mississippi River . ................ 445, 524 Nov. 6—Iowa State Comptroller, suggesting the submission of the Budget to the County Auditor as soon aspossible............................................................... 496 13—Iowa State Department of Health, approving sani- tary and functional features of the Park Hill Feeder Main Extension and Water Plant Mod- ernization................................................................. 515 Dec. 11—Iowa State Auditor to audit City for the year 1972. 564 11—Illinois Central Gulf Railroad, Easement Agree- ment with the City for the installation of an underground sanitary sewer . .............................. 572 " 18—Iowa State Comptroller, submitting instructions for Revenue Sharing Funds . .................................... 577 " 18—Iowa State Highway Commission, requesting "Loca- tion and Design" approval from the Federal Highway Administration for TOPICS Project at intersections of Ninth at Bluff and Tenth at Bluff Streets . .................................................... 587, 588 a INDEX —BOOK 102 —__ ---..----- SUBJECT Page ]972 ___.---._--------------- — Jan. 3--Justmann C. Robert, sworn in as Councilman. .... 1 19 17 --Jones Jack, liability policy . ........................................ 31 ---Johnson Street and alley extending from 2100 block of Johnson Street northeasterly to Lots 60 and 81 in Cook's Addition, vacation recom- mended by the Planning & Zoning Commission as requested by Dubuque Community School District. ............. .......................................38, 98. 99. 169 April 3--Justmann Councilman, requesting a progress re- port on Bicycle paths, a littering statute and the combining of City -County Health Services. 141 17—Jahn Robert J., Notice of Claim . ............................ 172, 248 May 15-4anlin Plastic Inc., Notice of Suit . .......................... 214 1"ansen Street Sanitary Sewer, certification of cost by Dan & Eileen Atchison ................................... 217, 218 June 12 --.Tones Janet, appointed to the Advisory Commis- sion......................................................................... 260. " 12—Julien Dubuque, communication of Mrs. Yolande A. Roux discussing the possibility of erecting a monument in Quebec, Canada, honoring the founder of Dubuque . .......................................... 260 " 12 Totham William R., granted Cigarette Permit. ... 270 " 19Tuergens Mary C., appointed to Dubuque County Commission on Crime and Delinquency........... 282 " 19 --John F. Kennedy Road and Pennsylvania Avenue, 1972 Traffic Signal Project, preliminary plans and specifications . ................................................ 284, 285 July 3--Justmann Councilman, recommending that Electri- cal Board members shall serve four rather thansix years......................................................... 308 " 3 --Johnson Clara L., granted Cigarette Permit........... 326 " 17 --Jewell Dorothy, requesting refund on unused restaurant license . ..... :.......................................... 340 Aug. 7—Justmann Councilman, presenting a "critique" on the Youth Services Bureau . ............................... :365 Sept. 25—Juergens Mary, urging Council approval of the pro- posed Freeway . ...................................................... 447 Oct. 3—Justmann Councilman, submitting a resolution to the effect that the Council goes on record declaring that the Couler Valley freeway shall not disturb residents of that area ....................... 487 Nov. 6—Jotham William R., granted Class "C" Beer & LiquorPermit......................................................... 511 " 20—Jordan Harriet J., petition for suspension or re- mission of taxes on Lot 55 Littleton & Sawyer's Addn......................................................................... 529 Dec. 4—Johnson Clara L., granted Class "C" Beer & Liquor Permit....................................................................... 561 INDEX —BOOK 102 1972 SUBJECT Page K Jan. 3—Key City Bank & Trust Company, appointed of- ficial depository of public funds . ...................... 2 " 3—Kaiser Vincent J., resignation as member of the Dock Commission................................................... 9 " 3—Kies Donald, granted Class "C" Beer & Liquor Permit....................................................................... 15 " 3—Kachevas James P., granted Class "C" Beer & LiquorPermit......................................................... 15 " 17—Kemp Bros. Trucking, claim against H & R Wreck- ing Company to he paid by Urban Renewal. 21 " 17—Kennedy Mall Inc., agreement with the City of Dubuque for location, installation and Main- tenance of a Civil Defense Warning Siren. .. 25, 283 " 17—Karigan Bldg. Partnership, return of deposit of $1,787.50 made for purchase of Urban Renewal land........................................................................... 28 " 31—Kapp Milton, objecting to the inaction concerning hisclaim................................................................. 39 " 31—Kunkel Alberta, settlement of suit . ........................ 39 " 31—Klauer Robert & Livija, Notice of Suit . ................ 41 " 31—Kluesner Diane C., appointed Deputy Clerk of Municipal Court . .................................................. 60 Feb. 14—Kirchberg Gerald, granted Class "C" Beer & Liquor Permit....................................................................... 80 " 28—Kennedy Mall, Romac and the City Assessor, agreed stipulation concerning real estate tax assessment............................................................... 84 Mar. 9—Koenig Clarence et. al., objecting to general pro- visions of Sec. 4 of the proposed zoning ordi- nance......................................................................... 105 " 13—Kreiman Melvin L. & Leonette, granted Class "C" Beer and Liquor Permit . ................... ....124, 333, 423 " 15—Key Knolls Subdivision, approval of plat of Block A -A, Block 10-A, Block 11-A and Block 12 in KeyKnolls............................................................. 126 April 3—Kamm Rodney L., reporting on recycling project on non -returnable glass . .................................... 139, 213 " 3—Krieger Ruthven J., Notice of Claim . ...................... 143, 260 " 10—Kortmeyer Marcia Al., Notice of Claim . .................. 161 " 10—Keystone Gelatin Company, authorized to con- struct an Identification Sign . .............................. 166 " 17—Knights of Columbus Council 510, granted Class "C" Beer & Liquor Permit ................................... 182 May i—Kluck M. P. & Sons, liability policy ......................... 188 " 1—Key Knolls Subdivision, denial of request to re- zone Lot A of Block 22 from Multiple to Local Business "B" classification . ................................ 189, 214 " 8—Klett Fred and Katie Klett, Correction of Warranty Deed covering real estate acquired for Airport purposes.......................................................... 210 " 15—Karigan Gust & Pete Sfikas, granted Class "B" Beer Permit........................................................... 220, 423 " 22—Konzen Arthur, requesting a permit to operate a limousine service between the City and the Municipal Airport . ................................................ 231, 328 " 22—Keystone Gelatin Company, agreeing to Consent Order from the Iowa Water Pollution Control commission............................................................. 233 June 5—KDTH requesting permission to reschedule a dance at D. B & T. parking lot ....................................... 250 " 5—Krajnovich Elizabeth, granted Class "C" Beer & Liquor Permit ..................... .............. 258 " 12—Kolck Richard, appointed to the Police -Fire Pen- sion & Retirement Board . .................................. 260 4 INDEX — BOOK 102 Z SUBJECT Page " 12 --Kelly Francis, appointed to the Advisory Com mission................................................................ 260 12—Kunnert Walter J., requesting a refund on Class "B" Beer Permit No. 630 . ................................ 263 " 12—Krajnovich Elizabeth, granted Cigarette Permit. 270 " 12—Kroeger Jeanette M., granted Cigarette Permit..... 270 " 12--Kopple Barry, granted Cigarette Permit . .............. 270 " 12—Kreiman Melvin L. & Leonetta, granted Cigarette Permit....................................................................... 271, 372 " 19—Kilby Jean, appointed to Dubuque County Com- mission on Crime and Delinquency . ................ 282 19—Kanavas Theodore G., granted Cigarette Permit. 290, 491 " 19—Kies Donald, granted Cigarette Permit . ................ 290 " 19—Klauer James & Robert, granted Cigarette Permit. 290 " 19—K -Mart, granted Cigarette Permit . .................... 290 19—Knights of Columbus, granted Cigarette Permit. Duane, Cigarette Permit 290 290 19—Koeller granted ............... " 19—Kretz Ernest J., granted Cigarette Permit. .......... 290 19—Kanavas Theodore G., granted Cigarette Permit. 291, 491 " 26—Klauer Robert., granted Cigarette Permit . ............ 297 " 26—Kachevas James, granted Cigarette Permit. ........ 297 " 26—Kelly Robert P., granted Cigarette Permit ............. 298 July 3—Kehl Robert J., granted Cigarette Permit ............... 326 3—Kirchberg Gerald Clarence, granted Cigarette Per- mit............................................................................. 327 " 3—Kopp Eugene L., granted Cigarette Permit. .......... 327 " 17—Key City Investment Company, Ryan Consruction and City of Dubuque, Agreement to grant curb cuts to serve the Zayre Store ............................... 339 " 17—Kennedy Road Sanitary Sewer, from Spring Valley Road North, East Side, completed and accepted. ..... 341. 402, 403 " 17—Kelly Robert P. &Ronald T. Amundsen, granted Class "C" Beer & Liquor Permit . .................... 346 " 31—Kennedy Mall Cinema, granted Cigarette Permit. 363 Aug. 7—Kelly Frank et. al., requesting more information on Freeway Corridor. 366 " 7—Key Knolls Subdivision, Block 19, recommendation of Planning & Zoning Commission that the property be rezoned to Business District Classi- fication . ................................... . .... ... . . .................367, " 7—Krause Thomas J., Notice of Claim . ...... ........... I.... " 390, 4'21 368, 489 7—Kubesheski John T., Notice of Claim . ...................... " 369, 488 7—Klauer James Joseph, granted Class "C" Beer & LiquorPermit . ................................................. . ..... ..................... . " 21—Kenny Rehabilitation Institute, requesting permis- 386 sion to conduct a fund drive. ............................ 400 Sept. 5--Kreiman Melvin L. & Leonette, requesting refund on unexpired potion of Class "C" Beer and Liquor Permit No, 2153. .................................. 423 5—Kiwanas Club, requesting permi..ssion to conduct a "Kids Day Peanut Sale." .,..,,,.. " 11—Koeller Duane C., granted Class "C" Beer &Liquor 424 440 Permit. ........................... " 18—Kemp Modesta Mrs. Notice of Claim by General 438 Casualty Company . .............................................. " 25 --Kunkel Kenneth N., Notice of Claim. 442 .................... Oct. 3—Koethe, Duane C., Irvin L. & Judy A., protest of real estate assessment est of 449 516 for Eagle Point is at 2100 Rhomberg Avenue. " 3—Kopple . .......... granted Class C •.r mit. Beer Per- ....................... 461 ..... 3—Kroeger Jeanette M., granted Class "C" Beer & Liquor Permit . 470 .................... " 16—Kramer Jerry R., objecting to Valley corridor freeway, proposed Couler ...................................... 473 INDEX —BOOK 102 ------ ----------- 1972 — , --- - - SUBJECT ----- Page Nov. 6—Key City Plating Company, submitting a proposal to purchase 1.62 acres in Block 6 of Riverfront Subdivision No. 3 . ........................................512, 569, 570 13 --Kann Emil J., requesting a driveway permit at 2085 West Third Street ......................................... 518 Dec. 4—Key City News Media Association, declining offer to be a member of the Police Handbook Task Force......................................................................... 549 M—Kahle Marvin. ordered to dismantle building and clean up premises located at 1208 Dodge Street. 563. 564 4