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1971 February Council Proceedings 52 Special Session, January 18, 1971 Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Leo F. Frommelt, City Clerk Approved ....................................1971 Adopted ......................................1971 ............................................................ Councilmen Attest: """ëiï~"ëï~'~k""""'" .......- Regular Session, February 1, 1971 CITY COUNCIL OFFICIAL Regular Se..ion, February 1, 1971. Council met at 7:30 P.M. (C.S.T.) Present - Mayor Couchman, Councilman Bitter (entered Coun. cil Chamber at 8 P.M.), Councilmen Meyers, Moldenhauer, Pregler. City Manager Gilbert D. Chavene"e. Mayor Couchman read the call and stated that service thereof had been duly made, this being the REGULAR MONTHLY MEET. lNG, of the City called for the purpose of acting upon such busi. ness as may properly come before the meeting. Mayor Couchman recognized two boy scouts Rich Lange and Terry Fisher, commemorating the 61st anniversary of the Boy Scouts of America. The basic theme for scouting during 1971 "Conserva- tion Good Turn" part of project SOAR (Save Our American Re. sources) will be carried out by the boys in their units during the entire year. Should the Council have any civic requests concern. ing conservation projects the Northeast Iowa Boy Scout office should be contacted. The Scouts presented the Mayor with an "Out. door Code." Mayor Couchman was presented with a letter of greeting from the Mayor of Coonabarabran New South Wales, Australia, by Miss Lynden Hawkins, a Rotary Ex- change Student, now attending Hempstead High School. It was suggested that Mayor Couchman confer a citizenship of Dubuque certificate to Miss Hawkins. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second. ed by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Council. men Meyers, Moldenhauer, Preg. ler. Nays-None. Absent-Councilman Bitter. Mr. Owen Riley, President of General Driver's Local 421, stated 53 that the men he represents are quite anxious for a wage settle. ment because a month has passed since the last meeting with the City Council. City Manager Chave- nelle agreed to meet with the union group on Monday, February 8, 1971 at 8 A.M. assuring every. one present that the delay is not in any way an attempt to seek a tactical advantage. Communication of Low Rent Housing Commission submitting minutes of their meetings of Jan- uary 14, 19, 21, and 26th, pre. sented and read. Mayor Couch- man moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg. ler. Nays-None. Absent-Councilman Bitter. Communication of Dubuque Ad. visory Commission advising of the resignation of Don Runger as a member of the Commission, pre- sented and read. Mayor Couchman moved to accept the resignation with regret and he would submit a letter of appreciation and the resignation be referred to the Coucil. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg. ler. Nays-None. Absent - Councilman Bitter. January 26, 1971 To the Honorable Mayor and City Council I herewith submit the reports of the City Auditor, City Treasur. er, Water Department, as well as a list of claims, for the month of December 1970. Respectfully, Gilbert D. Chavenelle City Manager Mayor Couchman moved that the reports be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchmen, Coun. cilmen Meyers, Moldenhauer, Preg. ler. Nays-None. Absent-Councilman Bitter. -""'" ~ Mayor Couchman moved that the audit be received and filed Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. January 28, 1971 To the Honorable Mayor and City Council, This is to advise that I have approved the following policy and bond, and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY Saffran Construction Co., Bitumi. nous Casualty Corporation SIDEWALK Gilbert Roling, Merchants Mutual Bonding Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval for filing of the policy and bond subject to approval of the City Attorney. Seconded by Coun. cilman Moldenhauer. Carried by the following vote: Yeas-Mayor Couchman, Coun. cilmen Meyers, Moudenhauer, Pregler. Nays-None. Absent-Councilman Bitter. 54 Regular Session, February 1, 1971 Proof of Publication, certified to by the Publisher, of Statement of Receipts and Disbursements, for the month of December 1970, presented and read. Mayor Couch. man moved that the proof of pub- lication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg. ler. Nays-None. Absent-Councilman Bitter. January 27, 1971 To the Honorable Mayor and City Council I am returning to you the peti- tion of Mr. Fred Schilt for a street light located on East 6th at the railroad tracks. The area has been investigated by the electrical inspector and it is recommended that a street light be erected on 6th opposite num- ber 300. It is also recommended that a second light be installed on 6th at a location approximately midway between an existing light and 4th Street. It is intended that at hoth 10' cations, 175 watt mercury vapor lights will be installed Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Council. men Meyers, Moldenhauer, Preg. ler. Nays-None. Absent-Councilman Bitter. January 28, 1971 Honorable Mayor and Members of the City Council Attached hereto is an Audit Re- port from the Auditor of State covering the Flood Disaster Grant for the period of August 14, 1969 to August 14, 1970. The certification is based on the audit of available records and amounts authorized by the Office of Emergency Preparedness to the date of audit. Respectfully submitted, Gilbert D. Chavenelle City Manager January 28, 1971 To The Honorable Mayor and City Council I am returning to you the peti. tion of Mr. Alfred Hughes on be. half of Ridge Motor and Machine Company concerning the blocking of 12th Street by trucks servicing tbe A.Y. McDonald Manufacturing Company. I wrote to the McDonald Com- pany about the problem. Subse- quently, the location was inspected by the police department at dif- ferent times during one week. On November 12th, John Wlùte, Cap. tain Jenaman and myself met with Mr. Joseph Schmitt and Mr. John McDonald. We reviewed the loca- tion of property lines, the street right.of-way, and discussed the problem. I am also enclosing a second letter from Mr. Hughes, indicating that "temporary measures" taken by the A. Y. McDonald people to eliminate the traffic problem have Regular Session, February 1, 1971 55 improved the situation and are "temporarily" acceptable to Welge Motor and Machine Company. The Hughes letter, however, indicates the desirability of a more permanent solution. I believe that this means the re- moval of the McDonald loading dock from the street right.of.way. At this time I do not have any such arrangement with the Com- pany. Respectfully, Gilbert D. Chavenelle City Manager 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. January 28, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a public hear. ing on a proposal to reclassify from Local Business "B" to Busi. ness, property described as that part of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 3 of Mineral Lot 63, described by a line commencing at a point on the East line of Bryant Street 50 feet northerly from the intersection of the North curb line of Curtis Street extended and the East line of Bryant Street thence southeasterly 160 feet along a line from the point of beginning to the southeast corner of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 3 of Mineral Lot 63, thence easterly to the West line of Lot 13 of Bush's Subdivision at a point 30 feet South of the northwest corner of Lot 13 of Bush's Subdivision, thence northerly along the easterly line of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 3 of Mineral Lot 63 to the northeast corner of said lot, thence westerly along the northerly line of said lot to the east right-of way line of Bryant Street, thence South along the east right-of-way line of Bryant Street to the point of beginning, all in the City of Dubuque, Iowa. This property is located at 100 Bryant Street and includes a por- tion of a stone quarry that is occupied by a plumbing shop and parking area. This property is separated from the adjoining resi- dential area by the face of the stone quarry. It is the recommendation of the Planning and Zoning Commission that the property described above be reclassified from Local Business "B" to Business classification. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson, City Planner Mayor Couchman moved that the recommendation be referred for proper proceedings. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. January 28, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a request to reclassify property located at the intersection of Evergreen and Kanfmann Avenue, described as Lot 2 of Katharine Seippel Sub- division, in the City of Dubuque, Iowa, from Single Family Resi. dence to Two Family Residence classification. The property around this site is developed for single family res. idences and this is a single lot designed for the same purpose as the property around it. It was the opinion of the Com- mission that reclassification of this property would not be in keeping with the general plan for the area and would constitute spot zoning. It is the recommendation of the Planning and Zoning Commission that the request, as described above, not be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson, City Planner Mr. Peter Seippel addressed the Council by stating that he would appreciate an opportunity to reo state his zoning request to the Planning & Zoning Commission. Councilman Pregler moved that the communication be referred and Diamond Grill building situ- ated at the northeast corner of Ninth and Main Street. Said fall was allegedly the result of the City's failure to maintain said sidewalk in a safe condition as the result of which decedent alleged- ly suffered injuries from which she died thereby and thereafter said claim in the amount of $25,000.00 was made. I have made an investigation of this matter and have reviewed the pertinent law and have re- viewed all of the circumstances surrounding this injury and it is the opinion of the City Attorney that there was no negligent act or negligence by the City of Du. buque in failure to act which in any way caused the alleged fall and resulting injuries and death of the said claimant. Accordingly, it is the recommen- dation of the City Attorney that the claim of Gerda Juno, admin- istrator of the Estate of Louise Huebner, for injuries allegedly suffered by Louise Huebner be de- nied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. amount of $248.45 to cover hospi- tal and medical expenses and that the said claimant has made an of- fer to settle said claim in the amount of $600.00 and it is the recommendation of the City At- torney that said offer of settle- ment be accepted and that the City Auditor be instructed to draw warrant payable to Raymond J. Moriarty, individually and as nat- ural parent for Gregg Moriarty, a minor child, and transmit same to the City Attorney for delivery up- I on receipt of duly executed re- leases. Original claim is attached here- to. 56 Regular Session, February 1, 1971 Regular Session, February 1, 1971 57 back to the Planning & Zoning Commission for further considera- tion. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas-Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. January 28, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Single Family Residence classifi- cation to Multiple Residence, prop- erty described as Lot 2 of McDan- iel's Park Hill Subdivision, located at 2820 Davenport Street, in the City of Dubuque, Iowa. This property is bounded on two sides by bluffs that drop away from the site, by a play field and a single family residence on the third side, and by a street on the remaining side. Because of these factors there would be a compat- ible relationship with the area around the site. It is the recommendation of the Planning and Zoning Commission that the property described above be reclassified from Single Fam- ily Residence classification to Mul- tiple Residence. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson, City Planner Mayor Couchman moved approv- al of the recommendation and that same be referred for proper pro- ceedings. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Couocilman Bitter. January 20, 1971 Hon. Mayor and City Council On March 13, 1970, Mrs. Gerda Juno, the administrator of the Es- tate of Louise Huebner, filed no- tice of personal injury claim against the City of Dubuque, Iowa in the amount of $25,000.00 alleg- edly suffered by the decedent as the result of a fall at or near the corner of Ninth Street and Main Street at or near the Rathskeller -;;¡-";:<""- January 21, 1971 Hon. Mayor and City Council On April 30, 1969, Raymond J. Moriarty filed cliam for and on behalf of his minor son, Gregg Moriarty, claiming damages for the said son in the amount of $3,000.00 as the result of an al- leged accident at or near the in- tersection of Boyer Street and Linda Court claiming a defective condition existed in the roadway that caused his son, while riding a bicycle thereon, to buckle and throwing said child to the pave- ment resulting in property dam- ages to the bicycle and personal injuries to said minor and that the damages allegedly suffered as the result thereof was in the total Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of claim of Mrs. A. R. Olson of Waukee, Iowa, in an un. determined amount, for personal injuries received in a fall on some steps in Eagle Point Park on Sep- tember 7, 1970, presented and read. Councilman Pregler moved that the notice of claim be referred I to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. Notice of Claim of Fred J. Breit- felder, in the amount of $100., for personal injuries received in a fall on an icy crosswalk at the corner of 9th and Main Street on December 12, 1970, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- I cilman Moldenhauer. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Counci1man Bitter. Notice of Claim of Mrs. Dorothy Kamentz, in the amount of $421.75, for personal injuries received in a fall at the northeast corner of 19th & Jackson Street on January 4, 1971, presented and read. Council. man Pregler moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas-Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. Notice of Claim of Homer M. Buckley, in an undetermined amount, for personal injuries reo ceived in a fall on an icy cross- walk at the northeast corner of 6th & Locust Street on January 4, 1971, presented and read. Council- man Pregler moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas-Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Couocilman Bitter. Notice of claim of Lyle P. Link, in the amount of $15,000 for per- sonal injuries received in a fall on an icy sidewalk at 2617 Uni- versity Ave. on December 31, 1970, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. Notice of Suit of Ethel 1. Hutter, in the amount of $60.000 for per- sonal injuries received in a fall on an icy sidewalk at 17th and Iowa Street on January 20, 1969, pre- sented and read. Councilman Preg- ler moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Moldenhau- Councilman Meyers moved that a public hearing be held on the Ordinance on March 1, 1971 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. 4-71 An Ordinance Zonlnq and Clas- sifying Recentlv Annexed Ter- ritory to the City of Dubuque, Iowa, as a "Multiple Residence District" which Real Estate is Hereinafter Described as Lot 1 of 1 of 1 of 1 of 1 of 1 of Annie Waller's Sub. No.2 In Sections 1 and 12, T. 88 N.R. 2E, S P.M. Table Mound Twp. and Lot 2 of Sub. of 1 of 1 of 1 of M.L. 483 In SW'4 of Section 1, Twp. 88 N.R. 2E of 5 P.M. In Table Mound Two. and Lot 2 of Sub. of M.L. 484, in SW'I. of Section 1, Twp 88 N. R. 2E. S P.M. In Table Mound Twp. (Woller. Byrne, Table Mound School property) presented and read. Councilman Meyers moved that the readiM just had be con.idered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. 58 Regular Session, February 1, 1971 cr. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilman Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. Notice of claim of Betty K. Bar- rett, in the amount of $102.00, for personal injuries received in a fall in the street at 515 Almond, due to an icy condition, on January 13, 1971, presented and read. Coun- cilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas-Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. ORDINANCE NO. 3.71 An Ordinance Zoning and Clas- sifying Recentlv Annexed Ter. rltory to the City of Dubuque, Iowa, as a "Multiple Residence District" which Real Estate Is hereinafter described as Lot 1 of 1 of 1 of 1 of 1 of 2 of M.L. 482; Lot 3 of 1 of 1 of 1 of 2 of M.L. 483: Lot 2 of 2 of 1 of 1 of 1 of M.L. 4n; Lot 2 of 1 of 1 of 1 of 1 of M.L. 483; Lot 1 of M.L. 484: Lot 1 of M.L. 485; Lot 1 of 1 of M.L. 493: Lot 1 of M.L. 490; Lot 1 of 1 of M.L. 492; Lot 1 of 2 of 1 of M.L. 496: all In Table Mound Twp" (Tower Investment Inc.), presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. "'.,. . Councilman Meyers moved that a public hearing be held on the Ordinance on March 1, 1971, at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Regular Session, February 1, 1971 59 Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. 5-71 An Ordinance Zoning and Class- ifying Recently Annexed Ter. ritory to the City of Dubuque, Iowa, as a "Single Family Resi. dence District" classificetion which Real Estate Is hereinafter described, That portion of Lot 2 of the Sub. of Lot I of 2 of 1 of resubdivision of part of Shipton Addn., lot 2 of 3 of resubdivision, Lot 2 of 6 of resubdivision of part of Shipton Addn., Lot 2 of 1 of 6 of resubdivision of part of Ship- ton Addn. (Mississippi Valley Milk .1 Producers Assn. property) presented and read. Councilman Meyers moved that the reading just had be consider. ed the first reading of the Ordin- ance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays-None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couch. man. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. I Councilman Meyers moved that a public hearing be held on the Ordinance on March 1, 1971, at 7:30 P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. 6-71 An Ordinance Zoning and Class- ification recently Annaxed Ter. ritory to the City of Dubuque, Iowa, as a "Single Family Resi. dence District" which Rea' Eo- tate is hereinafter described as Lots 103, 104 and the westerly 7 feet of Lot 102 in "O'Neill's Riv. er View" (Phyllis Jones property) presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordin- ance. Seconded by Councilman Pregler. Carried by the fOllowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couch- man. Carried by the fOllowing vote: Yeas-Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Meyers moved tbat a public hearing be held on the Ordinance on March 1, 1971, at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish not- ice of the hearing in the manner required by law. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. 7.71 An Ordinance Authorizing Adams Realty Corporation to Construct Enclosure to Exterior Open Stair Well, (property at 1301 Central Ave.) presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Bitter moved that the rule requiring reading of an Ordinance on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Regular Session, February 1, 1971 61 Regular Session, February 1, 1971 60 RESOLUTION NO. 29.71 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, compos- ed of Gaylord M. Couchman, May- or, Joseph R. Voelker, Chairman of Dock Board, and Robert E. Dor- othy, Manager of Dubuque Indus- trial Bureau, have recommended to the City Council of Dubuque, Iowa, that the application to purchase certain real estate by Wm. C. Brown Company Publishers of Du- buque for the purpose of construct- ing and erecting thereon a 65,000 square foot plant in the City of Dubuque, Iowa, and WHEREAS, the City Council of Dubuque, Iowa has examined said application and said recommenda- tion by the Mayor's INDUSTRIAL COMMITTEE and find that the sale of said real estate should be ap- proved, and WHEREAS, said real estatè sought to be purchased by Wm. C. Brown Company Publishers of Du- buque is described and known as Lot 1 of Lot 1 of Block 5, Riverfront Subdivision No.3, in the City of Dubuque, Iowa containing approximately 11.17 acres, subject to existing ease- ments. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: p.,sed ,doptod ..d ,pp,ovod It>!, lot dov ot Feb,""". 1971. GOYlo,d M. Coo,hman M,yo, W"", A. P"gl" Way", A. Moldonhau" Donald R. Mov"" Meph J. Bitt" coo","men ATTESTI Loo F. F,omme" City Clock ACCEPTANCE OF ORDINANCE No.7-7t "ad and to,m, and '. 7-7t h"" lars ($55.850.00) and the receipt of Five Thousand Five Hundred Eighty.five Dollars ($5,585.00) as down payment is herewith ack- nowledged by the City. C. That construction of said plant be commenced within one (1) year of adoption and the pass- age of this Resolution and shall be completed within two (2) years of delivery of deed, and upon failure so to do by the purchaser, Wm. C. Brown Com- pany Publishers said real estate shall automatically revert to the City of Dubuque, Iowa and pur- chase price, less damages, shall be refunded to the purchaser. D. That the construction of all buildings, yards, parking lots, fences and ancillary improve- ments shall be constructed in conformance with existing City codes, and manufacturing pro- cesses carried out in accord with City ordinances. E. That the City of Dubuque, Iowa retains a perpetual easement for existing waterlines, existing san- itary sewer and storm sewer lines and for utilities together with right of ingress and egress to repair, inspect and maintain the same. F. That all utilities and services to proposed buildings be connect- ed at buyer's expense. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of in- tent to dispose of interest in real estate as is by law required. Passed, approved and adopted this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ORO'NANCE NO. 7-7t AN ORDINANCE AUTHORIZING ADAMS REALTV CORPORATION TO CONSTRUCT ENCLOSURE -¡;'°ELI~XTERIOR OPEN STAIR NOW THEREFORE BE IT OR- OAINED BV THE CITV COUNCIL OF THE CITV OF DUBUQUE. 10- WAI ...tton 1. r.~~:,ona; D,todl Feb,um 8th. ,,7t. AoAMS REALTV CORPORATION BYI Goo. R. B"don P,os. Publl,hod om,,"y In Tho Tel....ph- H",ld New,pa... thl, nth day ot Feb'u,"'. ,,7t. Leo F. F,omme" City Clock ",Did',"" with' a" and fed"al laW' ..d the O,dln"," of tho Sed'on 3. That the ...ml,,'on h"ein g"nf'" f' oxp""ly ,ond. ttonod on PD,mltt.., ",..mon' tOI ,J A"ume ony and ,II I!,bilitv toe ._m'___"M,n..,.PD'tv 'ho ox. m,lnfe- to ox. 11.2/11 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Resurrection Men's Service Club, as sponsors of Tri- State Baseball Tournament re- questing permission to sell beer at Riverfront Field on June 19th and 20th and at Petrakis Field on June 21st through June 27th, pre- sented and read. Councilman Mey- ers moved that the Petition be re- ferred to the City Manager. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. Petition of Joe Beck et al ob- jecting to the location of a Boy's Half Way House at 77 Hill Street, (130 signers), presented and read. Councilman Pregler moved that the petition be referred to the Council. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. Section 1. That the application of WIn. C. Brown Company Publish- ers of Dubuque to purchase a parcel of real estate in the City of Dubuque, Iowa which real es- tate is described and known as: Lot 1 of Lot 1 of Block 5, Riv- erfront Subdivision No.3, in the City of Dubuque, Iowa, containing approximately 11.17 acres, subject to existing ease- ments be and the same is hereby approv- ed upon the following terms and conditions: A. That said real estate be sold to Wm. C. Brown Company Pub- lishers for the construction of a new Building thereon contain- ing approximately 65,000 square feet. B. That the sale price for said real estate shall be $5,000.00 per acre for 11.17 acres in the total amount of Fifty.five Thousand Eight Hundred and Fifty Dol- 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. Seell.. 5. Thl, O,dlnan" ,hall be- come _dlYO ond fho "gh" h"e- und" ,,<cue fo Ad,m, R..,tv CO,- ....tton whon fhi, O,d!nan" h., ""n adoptod bY fhe CItY Cou"," and fhe f"m' and ,ondillo", fh"oof ",eptod by ...mltt..' by ""pf.." end..sed on thl' O",inan". 62 Regular Session, February 1, 1971 January 8, 1971 Tn the Honorable Mayor and City Council This is to advise you that the construction of Contract II, Sec. I1ion III, Catfish Creek Pumping station and work incidental there- to in and for the City of Dubuque, Iowa has been completed in ac- cordance with plans, specifications and the contract by and between Korshoj Construction Co. of 1545 Washington Street, Blair, Nebras- ka and the City of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Couchman moved that the commnnication be received and filed. Seconded by Council- man Pregler. Carried by the fol. lowing vote: Yeas-Mayor Couchman, Coun- cilmen Me y e r s, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. FINAL ESTIMATE RESOLUTION NO. 30.71 WHEREAS, the contract for the construction of Contract II, Sec- tion III, Catfish Creek Pumping Station has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mates, notices, inspection, and pre- paring the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $269,751.28. That none of the cost thereof sl\aIl be assessable upon private property and $180,733.36 shall be paid from the Storm Sewer Con- struction Fund of the City of Du- buque, and $89,017.92 shall be paid from Federal Sewage Works Grant wpc-Iowa 338. Passed, adopted and approved this 1st day of Febrnary, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. (A Resolution Accepting Improve- ment) RESOLUTION NO. 31.71 WHEREAS, the contract for the construction of Contract II, Sec- tion III, Catfish Creek Pumping Station has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its ac- ceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Storm Sewer Construction Fund & Federal Sew- age Works Grant WPC-Iowa 338 upon the above described improve- ment in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Regular Session, February 1, 1971 83 January 18, 1971 To the Honorable Mayor and City Council This is to advise you that the construction of Waste Water Treat- ment Facilities Site Preconsolida- tion and work incidental thereto in and for the City of Dubuque, Iowa has been completed in ac- cordance with plans, specifica. tions and the contract by and be- tween M. F. Goerdt Construction Company of Dubuque, Iowa and the City of Dubuque, Iowa. Respectfully submitted, Gilhert D. Chavenelle City Manager Mayor Couchman moved that the communication be received and filed. Seconded by Council- man Pregler. Carried by the fol. lowing vote: Yeas-Mayor Couchman, Coun- oilmen Me y e r s, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. FINAL ESTIMATE RESOLUTION No. 32.71 WHEREAS, the contract forthe construction of Waste Water Treatroent Site Preconsolidation has been completed and the City Engineer has submitted his final estiroate showing the cost thereof including the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the CIty Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $48,759.03. That none of the cost thereof shall be assessable private proper- ty and $32,668.55 shall be paid from the Storm Sewer Construc- tion Fund of the City of Dubuque, and $16,090.48 shall be paid from I the Federal Sewage Works Grant WPC-Iowa 338. Passed, adopted and approved this 1st day of February 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. (A Resolution Accepting Improvement) RESOLUTION No. 33.71 WHEREAS, the """tract f<Jr the construction of Waste Water Treatment Facilities Site Precon. solidation has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its ae- ceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized Storm Sewer Construction Fund and the Federal Sewage Works Grant WPC-Iowa 338 from tbe above described improvement in the amount equal to the amount of his comracL Passed, adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried. by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- bauer, Pregler. Nays - N<>ne. Proof of Publication, certified to by the Publisher, of notiee of levy of Special Assessment and in- tention f)f the City Council to 64 Regular Session, February 1, 1971 issue bonds to pay for construction of John F. Kennedy Road Sanitary Sewer-West Side-from Spring Val- ley Road to West.32nd Street, pre- sented and read. Mayor Couchman moved that the proof of Publica- tion be received and filed. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilman Meyers, Moldenhauer, Preg- ler. Nays - None. Absent - Councilman Bitter. Statement of City Clerk certify- ing that notices of levy were mail- ed by certified mail on January 6, 1971 to property owoers of re- cord subject to payment of assess- ments to pay for construction of the John F. Kennedy Road Sani- tary Sewer-West Side.from Spring Valley Road to West 32ud Street, presented and read. Mayor Couch- man moved that the statement be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays - None. Absent - Councilman Bitter. Statement of Ray Rampson, a member of the Engineering De- partment, certifying that notices of levy were posted in the assess- able area of construction of John F. Kennedy Road Sanitary sewer- west side-from Spring Valley Road to West 32nd Street on January 13, 1971, presented and read. Mayor Couchman moved that the state- ment be received and filed. Se- conded by Councilmau Pregler. Carried by the folIowing vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays - None. Absent - Councilman Bitter. RESOLUTION NO. 34-71 Schedule of Assessments RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for construction of JOHN F. KENNEDY ROAD SANITARY SEWER - West Side - FROM SPRING VALLEY ROAD TO WEST 32ND STREET, by Tschigg- frie Excavating contractor, in front of and adjoining the same, a spe- cial 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 folIow- ing schedule: John F. Kennedy Road Sanitary Sewer - West Side from Spring Valley Road to 32nd Street. Gilbert Merritt, Lot 1-1-1-1- 1-1-1-1-1.9, NE¥4-Sec. 16- T89N-R2E ............................ 774.65 Loren Gerald Guier, Lot 2- 1-1-1.1.1-1-1-1.9, NE '1.- Sec. 16-T89N-R2E ............ 462.60 Marlin L. & Fonda F. Witt- man, Lot 2-1-1-1-1-1-1-1-9, NE 'I.-Sec. 16-T89N-R2E.. 511.88 Harold F. & Alice Esser, Lot 2-1-1-1-1-1-1-9, NE '1.- Sec. 16-T89N-R2E .............. 511.88 Lyle J. & Ann E. Whalen, Lot 2-1-1-1-9. NE ¥4-Sec. 16- TS9N-R2E .................... 767.82 Eugene & Jacquelin Win. ders, Lot 2-2-1-1-9, NE ¥4- Sec. 16-T89N-R2E ............ 767.82 Duane W. & Darlene L. Da- vis, Lot 1-2-1-1-9, NE 'I. Sec. 16-T89N-R2E ............ 767.82 Arthur & Mildred Witherall, Lot 2-1-1.1.1-9, NE 'I..Sec. 16-T89N-R2E ...................... 882.50 William A. & Jeanne Eis- t:~~~C~~-;~9~1¡~2~9,..~ 882.50 Robert J. & Patricia Dall, Lot 2-1-9, NE 'I.-Sec. 16- T89N-R2E ............................ 341.25 Robert J. & Patricia DalI, Lot 2-2.9, NE ¥4-Sec. 16- TS9N-R2E ............................ 204.75 Thomas J. & Betty Jo Nel- son, Lot 1.2-9, NE ¥4-Sec. 16-T89N-R2E ...................... 784.88 Joseph & Grace Baumgart. ner, Lot 4, M.L. 455 ........ 819.82 Emil & William Joos (cont. Lemar Koethe, M.L. 455, Lot 2-1, ........................................ 265.77 Total 1222.84 lin. ft. ........8,345.94 City Share 8" VTP, 87 Lin.Ft. @ 3.95 343.65 Concrete Manhole side- wall, 12.5 Lin.Ft. @ 21.00 ................................ 262.50 Concrete Manhole Base, 2 No. of @ 50.00 .............. 100.00 Concrete Manhole Ring & Cover, 2 No. of @ 55.00 110.00 Regular Session, February 1, 1971 65 8" Stub out of Manhole, 1 No. of @ 10.00 """"""', Manhole Tap, 1 No. of @ 40.00 ................................ Class "A" Concrete Pave- ment, 29.61 Sq. Yds. @ 13.10 CITY SHARE ..............1,254.04 TOTAL COST ..............9,599.98 Passed, adopted and approved this 1st day of February 1971. Gaylord M. Couchman Mayor Walter A. 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 folIowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider author- ization to issue sewer bonds in the amount of $8.345.94 to pay for cost of constructing John F. Ken. nedy Road Sanitary Sewer, west side, from Spring Valley Road to 32nd Street, presented. and read. Mayor Couchman moved that tbe proof of publication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor Couchman,' Coun- cilmen Me y e r s, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. RESOLUTION No. 35.71 RESOLUTION PROVIDING FOR THE ISSUANCE OF SEWER IM- PROVEMENT BONDS FOR THE PURPOSE OF PROVIDING FOR THE PAYMENT OF THE AS- SESSED COST FOR THE IM- PROVEMENT OF JOHN F. KEN- NEDY ROAD SANITARY SEW- ER-WEST SIDE Whereas the contract heretofore entered into by the City of Dubu- que, Iowa, for tbe improvements hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $8,354.94 Dollars of the cost there- of shalI be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to is- sue bonds for the purpose of pro- viding for the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost for the improvement of JOHN F. KENNE- DY ROAD SANITARY SEWER- WEST SIDE-from Spring Valley Road to West 32nd Street. there shall be issued sewer im- provement bonds in the amount of $8.000.00 Dollars in anticipation of the deferred payment of assess- ments levied for such improve- ment. 2. Such bonds shall be called se- wer improvement bonds; and shall bear the date of March 4, 1971; and shall be numbered consecu- tively; and they shall be number- ed, divided into series, and be in such denominations and for such maturity dates as are showo in the following table: S. No. Bond No. Den... Mat. 1 1880-1881 $500.00 April 1, 1971 2 1882-1883 $500.00 April 1, 1972 3 1884-1885 $500.00 April 1, 1973 4 1886-1887 $500.00 April 1, 1974 5 1888-1889 $500.00 April 1, 1975 6 1890.1891 $500.00 April 1, 1976 7 1892 $500.00 April 1, 1977 8 1893 $500.00 April 1, 1978 9 1894 $500.00 April 1, 1979 10 1895 $500.00 April 1, 1980 3. Said bonds shall bear interest at the rate of seven per cent per annum, payable semiannually in accordance with coupons thereto attached: 10.00 40.00 387.89 66 Regular Session, February 1, 1971 4. Said bonds shall not make the ment, collection and payment here- City liable in any way, except for on of said special tax, the full the application of said special as- faith and diligence of said City of sessment funds. Dubuque are hereby irrevocably 5. Said bonds shall provide that pledged. they may be payable at any time IN TESTIMONY WHEREOF the prior to the maturity date stated City of Dubuque by its Council therein at the option of the City has caused this bond to be signed of Dubuque and shall be in sub- by its Mayor and countersigned by stantially the following form: its City Clerk and the Seal of said City to be thereto affixed, this 1st day of February, 1971. No. Series No. ........................".. CITY OF DUBUQUE Sewer Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, the sum of five hundred dollars with interest thereon at the rate of seven per cent per annum. payable semiannually, on the pre- sentation and surrender of the in- terest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1966 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on the first day of February, 1971, being Resolution No 35-71 .......................................... This Bond is one 'of a ~eries of City Clerk 16 bonds all for $50000 numbered 6. That the Mayor and City Clerk from 1880 through Uj95 all of like be and the! are hereby instructed tenor and date, and issued for the to cause said bonds to be prepared purpose of providing for the pay- and when so prepared to execute ment of the assessed cost for the said bonds ~nd that t~e City Clerk improvement of John F. Kennedy be .and he. IS hereb)' Instructed to Road Sanitary Sewer-West Side. register said bonds In a hook kep,t as described in said Resolution in for that purpose and to then deli- said City. which cost is payabl~ by ver them to the City Treasurer. the abutting and adjacent proper- 7. That the City Treasuerer is ty along said improvements and hereby instructed to sell said is made by law a lien on all of bonds in the manner provided by said property. It is payable only law, the proceeds of said sale to out of the Special Assessment be placed in a special fnud to be Fund 1287 created by the collec- known as Special Assessment Fund tion of said special tax, and said 1287 and paid out by him to pay fund can be used for no other pur- the cost of said contract. pose. 8. That the interest coupons at- It is hereby certified and recited tached to the bonds be signed with that all the acts, conditions and the facsimilie signature of the Ma. things required to be done, prece- yor and countersigned with the dent to and in issuing this series facsimile signature of the City of bonds, have been done, happen- Clerk. ed, and performed, in regnlar and 9. That as fast as funds allow, be- due form, as required by law and ginning with the second year after saId ResolutIOn, and for the assess- . the payment of interest due, the .......................................... Mayor ....,................................"'" City Clerk (Form of Coupon) On the ................................ day of ............................................, the City of Dubuque, Iowa, promises to pay to the bearer, as provided in said bond, the sum of .............................. Dollars, in the office of the City Treasurer in the City of Dubuque, being .................... months' interest due that date on its Bond No. dated Mayor Regular Session, February 1, 1971 (f7 City Treasurer is directed to call these bonds in the same order as numbered 10. Notice of election to call these bonds shall be given by re- gular United States Mail addressed to the last known address of the purchaser. Passed, adopted and approved this first day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen said commissioners originally ap- pointed shall be two years and the term of office for three of said commissioners originally appoint- ed shall be one year. Thereafter the term of office for each Com- missioner shall be two years. The original Board of Commissioners shall assume office as soon as their appointment is made by the Mayor and approved by the City Council. The Mayor shall desig- nate a chairman and vice-chairman from among the Commissioners. Vacancies occurring on the Board caused by resignation or otherwise shall be filled by the Mayor and approved by the Council for the unexpired term. All members of the Board of Commissioners shall serve without compensation except necessary expenses, including trav- el expenses incurred in the dis- charge of their duties." Passed, approved and adopted this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. RESOLUTION NO. 36-71 Resolution Amending Resolution No. 244-70 by repealing Section 3 thereof providing for the ap- pointment of five members and enacting a new Section 3 in lieu tltereof to provide for the ap- pointment of seven persons as members of said low rent.hous- ing commission. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Resolution No. 244.70 be and it is hereby amend- ed by repealing Section 3 thereof and enacting a new Section 3 in lieu thereof to provide as follows, to.wit: "Section 3. That there is hereby created a said Board of Commis- sioners of the Low-Rent Housing Commission consisting of seven citizens of the City of Dubuque, Iowa, who shall be qualified by knowledge, experience and back. ground to act in matters pertain- I ing to low-rent housing for the citizens of the City of Dubuque, Iowa. The members of the said Board of Commissioners shall be appointed by the Mayor subject to the approval of the City Coun. cil. The term of office for four of Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 37.71 Resolution for Approval of Citÿ' of Dubuoue Audit for Fiscal Years 1970 and 1971. Whereas Section ILl8, Code of Iowa. provides that the financial condition and transactions of all ctiies and city offices shall be ex- amined at least once each year; Whereas examinations may be made by the Auditor of State, or in lieu thereof, the local govern- ing body whose accounts are to be examined, in case it elects so to do, may contract with. or em- ploy, certified or registered pub- lic accountants, certified and reg- istered in tbe state of Iowa, and 68 Regular Session, February 1, 1971 so notify the Auditor of State within sixty days after the close of the fiscal year to be exam- ined. Now, therefore, be it resolved that the audit of the City of Du- buque 1970 financial condition and transactions be contracted with the CPA firm of O'Connor, Brooks, Abrendt & Brooks of Du- buque, Iowa, and the Auditor of State be requested to audit the fi- nancial condition and transactions of the Ciyt of Dubuque for the year 1971. Passed, approved and adopted this 1st day of February 1971. Gaylord M. Couchmañ Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 38-71 Resolution amending the con. nection charge established by Resolution No. 391-69 for the sanitary sewer constructed to serve Heritage Manor. This sew. er extends the Catfish Creek trunk line sewer from the W.P. L. of Block 14 in Key Knolls Subdivision westerly to the He... itage Manor property. WHEREAS, the City Engineer has inspected the same and the City Manager has accepted said sewer; and WHEREAS, the City Engineer under said ordinance, has resub- mitted to the City Council a new certified statement showing all the amounts paid in connection with the construction of said sew- er, including engineering and in- spection fees am 0 u n ting to $53,087.28; and WHEREAS, the following prop- erty owners have paid the connec- tion charges for their respective pieces of property as detailed be- low: Schiltz Development Co., Lot I-1-E.'h-S.W.¥4-Sec- tion 21-T89N-R2E, 1452.6 Lin. Ft. @ 6.78 ............$9,848.63 Mettel Realty Investment Co. (Mettel-Byrne Sub.), Lot A. blk. 3 Mettel- Byrne Addition, 1410.1 Un.Ft. @ 6.78 ................ 9,560.48 NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That hereafter any person or persons desiring to con- nect with said sewer shall first apply to the City Manager for per- mission to do so and such permis- sion shall be granted upon condi- tion that the applicant shall pay to the City Treasurer for the ac- count of Retirement Investment Corporation, a connection charge of $6.78 per front foot. Any appli- cant who desires to serve his prop- erty by connecting to such sewer, which property is not within the corporate limits of the City of Du- buque, shall annex the same to the City of Dubuque voluntarily, as a condition precedent to such connection. Section 2. That the following is the pro-rated connection costs payable to the City of Dubuque for the Retirement Investment Corporation: Heritage Manor: Lot 1, N.W.¥4 -N.E.¥., Section 20, T89N-R2E, 445.28 Lin.Ft. @ 6.78 ................$3,019.00 Dubuque TV-FM Cable Co.: Lot 2, Kloser Place, 478.8 Un. Ft. @ 6.78 .... 3,246.26 Mr. Joseph Siegert: Lot 2, N.E.¥4 - S.E.¥., Section 20, T89N-R2E, 976.4 Un. Ft. @ 6.78 ...................... 6,620.00 Easement Cost (Siegert) .. 6,000.00 Dr. Pfohl: Lot 1, N.E.¥.- S.E.¥4, Section 20, T89N- R2E, 181.0 Lin.Ft. @ 6.78 1,227.18 Easement Cost Apportion 50.11 S.E.¥.-N.E.¥., Section 20, T89N-R2E, 1420.0 Un.Ft. @ 6.78 ............................ 9,627.60 Easement Cost Apportion 392.89 Lot 3 N.E.¥4-N.E.¥., Sec- tion 20, T89N-R2E, 495.3 Lin.Ft. @ 6.78 ................ 3,358.13 Eastment Cost Apportion 137.00 Section 3. That Resolution No. 391-69 adopted and approved by Regular Session, February 1, 1971 69 the City Council on the 8th day of December, 1969 which estab- lished the original connection charge on the sewer be and the same is hereby repealed and can- celled and is of no further force or effect. Section 4. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the County Recorder of Du- buque County, Iowa. Passed, adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion. Seconded by Mayor Couch- man. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION No. 39.71 AUTHORIZING THE EXECU- TION OF A CERTIFICATE OF COMPLETION FOR OPTOM& TRY CENTER, INC. WHEREAS, under date of Au. gnst 6, 1970, the City of Dubuque entered into a Contract for the Sale of Land for Private Redeve. lopment with Optometry Center, Inc. for the real estate hereinafter described;; and WHEREAS, under the terms of said Contract the subject real es- tate was conveyed by the City of Dubuque to Optometry Center, Inc. who constructed thereon certain improvements; and WHEREAS, Section 307 of said Contract provides that upon com- pletion of the improvements the City of Dubuque will furnish Op- tometry Center, Inc. a Certificate of Completion; and WHEREAS, it has determined that the required improvements have been satisfactorily completed now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a Certificate of Completion for the Optometry Center, Inc. for the im- provements located on Block 1 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, situated in the Downtown Urban Renewal Project, Iowa R-15. Section 2. That the Clerk be and he is hereby authorized and direct. ed to file a copy of this resolution and the executed copy of the Cer. tificate of Completion in the office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Attest: Leo F. Frommelt City Cierk 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. 40-71 AUTHORIZING THE EXECU- TION AND DELIVERY OF DEED TO TIME FINANCE COR- PORATION FOR THE SALE OF LAND IN THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 WHEREAS, under date of Ja- nuary 18, 1971, the City of Dubu- que and Time Finance Corpora- tion entered into a Contract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private redevelopment by Time Finance Corporation. WHEREAS, Time Finance Cor- poration has complied with the conditions of said Contract, and have requested that the City of Du- buque execute and deliver to thelQ 70 Regular Session, February 1. 1971 a Deed for the land described bereinbelow; now therefore BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA: SECTION I. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to I Time Finance Corporation for the sale of South 79 feet of Disposi- tion Parcel No.1 of Block No. 3 in the Downtown Urban Renewal Project, Iowa R-15, legally de- scribed as South 79 feet of Lot 1 of Block 3 in Dubuque Downtown Plaza in the City of Dubuque, Iowa containing 6,729.22 square ieet, more or less SECTION 2. That the Director of the Department of Urban Re- newal is hereby authorized and di- reeled to deliver said Deed to Time Finance Corporation upon receipt of the purchase price of $16,828.05 on the basis of $2.50 per iC uare foot for 6,729.22 square feel Passed, approved and adopted this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman flitter. Carried by the following vote: Yeas - Mayor Conehman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 41.71 PRELIMINARY ESTIMATE and approval of plans, specifications, form of contraet and all other d""uments for the cleaning of the West 32nd Street Detention 'BasiD, in the estimated amount of $23,052.00, presented and read. ColIDcilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitier, Meyers, Molden- hauer, Pregler. Nays-NOllIe. (Necessity for Improvement) RESOLUTION NO. 42.71 WHEREAS, proposed plans, specifications, and form of con- tract have been duly prepared and approved by tbe City Coun- cil of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improve- ment. (2) An estimate of the cost of the improvement for the cleaning of the West 32nd Street Detention Basin. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on me with the City Clerk, objections to the amount of the cost of the improvement, they sbal1 be deemed to have waived all objections thereto. Said improvement shall be con. structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement shall be paid from the SANITATON FUND. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 1st day of February, 197L Approved and placed on file for final action. Approved: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhaner Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved ap' proval of the resolution. Seconded hy Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Regular Session, February 1, 1971 71 (Ordering Construction) RESOLUTION NO. 43.71 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a Resolution of Necessity No. 42-71 which was duly passed by tbis Council for the Cleaning of tbe West 3200 Street Detention Basin. Be and the same are hereby or- dered and constructed by this COuncil upon its own motion and with or withont the petition of property owners. All the work shall be constructed in accordance with the plans and specificatians heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cas! and expense of the said imprmrement be paid from the SANITATION FUND. liE IT FURTHER RESOLVED that tbe City Clerk he and he is hereby ordered and directed to advertise for proposals for the ",,"strnction of the various imp provements herein provided for in tile manner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption by the City Council Passed, adopted and approved this 1st day of Febrnary, 1971. Gaylord M. Couchman Mayor Walter Á. 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, Pregier. Nays-None. ¡FIXING DATE OF HEARING) RESOLUTION No. 44-71 WHEREAS, the City Council of the City of Dubuque, Iowa has gi- ven its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Cierk for public inspection for the CLEANING OF THE WEST 32ND STREET DETENTION BA- SIN BE IT THEREFORE RESOLVED that on the 15th d.,. of Fellruuy, 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 pr0.- 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 plaee of such hearing to be published in some newspaper published in the City of Dnbuque which shan be not less than ten (1(/) days prior tIJ the day fIXed fur its consideration, and said Clerk is further instructed to ad- vertise for proposals fur tbe con- stnre!ion of the aforementioned improvement. Passed, adopted and approved this 1st day of Febnr&ry, 1971. Gaylord M. Coucln:nan Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Josepb J. flitter Attest: Leo F. Fnnnmelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the foll<JWillg vote, Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Mulden- hauer, Pregler. Nays-None. RESOLUTION No. 45.71 AUTHORIZING THE ADVER.- TISING OF BIDS FOR THE DE.- MOLITION AND SITE CLEA- RANCE OF CERTAIN PARCELS OF REAL ESTATE IN THE DOWNTOWN URBAN RENE- WAL PROOECT, IOWA R-15 WHEREAS,. the City of Dubu- que under date of July 26, 1967, entered into a Loan and Capital Grant Contract with the United States of America providing for financial assistance to the City of Dubuque under Title I of Housing 72 Regular Session, February 1, 1971 Act of 1949, as amended ,for the I undertaking of the Downtown Ur- ban Renewal Project Iowa R-15; and WHEREAS, the City of Dubuque pursuant to such contract and to implement the Urban Renewal Plan for the Project Area has ac- quired and is acquiring certain parcels of real estate; and WHEREAS, in order to provide cleared land for redevelopment and for certain public improve- ments; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the City Clerk be and he is hereby authorized and directed to publish "Invita- tion for Bids" for Demolition Con- tract No. 1-71 for the demolition and site clearance of certain par- cels of real estate in the Down- tawn Urban Renewal Project, Io- wa R-15, in the form of Exhibit "A" attached hereto and made a part hereof. Passed, adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Walter A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk INVITATIONS FOR BIDS DEMOLITION CONTRACT No. 1.71 The City of Dubuque, State of Iowa, will receive sealed proposals 'for Demolition of building and structures and Site Clearance for the Downtown Urban Renewal Pro- ject, Iowa R-15, until 10 o'clock A.M. Central Standard Time on February 19, 1971, at the Office of the City Clerk, City Hall, 13th and Iowa, Dubuque, Iowa, at which time all bids will he publicly open- ed and read in Council Chambers. This project will consist of appro- ximately 9 major buildings and other improvements that may in fact exist upon any of the parcels to be cleared. All improvements are to be demolished or disman- tled on the site. Contradt 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 depo- siting $10.00 with the Director of Urban Renewal, Suite 10-B Fischer Building, Dubuque, Iowa, for each set of documents so obtained. Each such deposit will be refunded if the documents are returned in good condition within 10 days af. ter bid opening. A certified check or bank draft, payable to the order of the City of Dubuque negotiable U.S. Go- vernment bonds, or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to ten percent (10%) of the estimated cost of Demolition and Site Clearance ex- clusive of any deductions for sal- vage, shall be submitted with each bid. The successful Bidder will be required to furnish and pay for satisfactory performance and pay- ment hond or bonds. Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project, and that the Contractor must ensure that em- ployees and applicants for employ- ment are not discriminated against because of their race, creed, color, or national origin. The City of Dubuque reserves the right to reject any or all Bids or to waive any informalities in the bidding. Bids may be held by the City of Dubuque for a period not to ex- ceed thirty (30) days from the date of the opening of Bids for the pur. pose of reviewing the Bids and in. vestigating the qualifications 0 f the Bidders, prior to awarding of the Contract. DATE February 2, 1971 CITY OF DUBUQUE LEO F. FROMMELT CITY CLERK Mayor Couchman moved adop- tion of the resolution. Seconded by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Regular Session, February 1, 1971 73 RESOLUTION NO. 46-71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Kenneth F. Beaver, 900 Central Avenue Douglas L. Schlickman, 1450 Loras Blvd. BE IT FURTHER RESOLVED that the bonds filed with the appli. cation be approved. Passed, adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 47-71 WHEREAS, applications for Beer Permits 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 E. Noel, 2400 Central Avenue CLASS "C" BEER PERMIT National Tea Company, Kennedy Mall John J. Heiderscheit, 1278 Central Avenue John F. Thompson, 805 West 5th Street John F. Thompson, 51 West 32nd Street Passed, adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Meyers, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. RESOLUTION NO. 48.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Counril: and WHEREAS, the premises to be occupied by such applicants were inspected and found to com-ply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT John E. Noel. 2400 Central Avenue CLASS "C" BEER PERMIT National Tea Company, Kennedy Mall John J. Heiderscheit, 1278 Central Avenue Jobn F. Thompson, 805 West 5th Street John F. Thompson, 51 West 32nd Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed. adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk 74 Regular Session, February 1, 1971 CounCIlman Bitter moved adop. tion of the resolution. Seconded by Coun<'ilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RI'SOLUTION NO. 49.71 WHEREAS, applications for liq- uor Permits have been submitted to this Council for apprfJV31 and the same have been examined. NOW THEREFORE BE IT RE. SOLVF.D. by the City Conncil of the Citv of DubuQue. Iowa, th.t the fonowin~ applications be granted and licenses issued npon the comnliance with the terms of the IOWA LTQHOR CQNTRO'L ACT-CHAPTER 123-as amen""d be the 80th General Assembly, 1963. CLA~" "t'." "O""I'RCIAL ESTIIBLISIoIMENT John E. Nnel. :14011 Central Avenue John R. m..ch, :!06 West 3m SI. Donald P. ShanIey, 1630 East 16th Street Pas<ed. adooted and apnroved this 1st day of February, 1971- Gavlord M. Couchman Mayor Walter A. Pree1er Wayne A. Moldenhauer Donald R. Mevers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Couneilman Bitter moved adoo- tion of the resohrtion. S...nnded by Conneilman Meyers. Carried by the foliowiM vote, Yeas - Mayor Couchman. Coon- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-NODe. RESOLUTION No. 50-71 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have reœived 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 aD City ordinances relevant thereto and they have filed proper bonds; """ NOW THEREFORE BE IT RE- SOLVED by the City Connell of Dubuque, Iowa, that the Manager be autho1'Ì2ed to cause to be is- sued to the following named appJ>. ca. a Liquor Permit. Cia.. "C" C.........rclal Establishment John E. Noel, 2400 Central Avenue John R. Hirsch, 206 West 3rd St. Donald P. Shanley, 1630 East 16th Street Passed, adopted and approved this 1st day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Couocilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adopt- ion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - May... Conchman, Coun. cilmen Bitter, Meyers, JIIuldeD.- hauer, Pregler. Nays - None. Mr. Joe Paradiso, a member of the Advisory Commission, sub- mitted a "curfew" proposal to the Council. Councilman Pregler mov- ed that the proposal be received and filed and referred to the Coun cil meeting of March 1, 1971. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, C0un- cilmen Bitter, Meyers, Molden- bauer, Pregler. Nays-None. Councilman Moldenhauer moved that the Advisory Commission be reqnested to bring in tbeir pr0- posal at the same meeting, March 1, 1971, showing the pros and cons on the issue of a enrfew. 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 Conncilman Pregler moved to ad- journ. Seconded by Councilman Regular Session, February 1, 1971 75 Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- haner, Pregler. Nays-None. Leo F. Frommelt City Clerk Approved ..................................1971. Adopted ......................................1971. """""""""""""""""""""""""""""" """""""""""""""""""""""""""""" ............................................................ """""""""""""""""""""""""'"""", ............................................................ Councilmen Attest: """"""""Ciiÿ"ëï~~k""""""'" 76 Special Session, February 15, 1971 CITY COUNCIL (OFFICIAL) Special Session, February 15, 1971. Council met at 7:30 P.M. (c.S.T.) prasent - Mayor Couchman, Councilmen Bitter, Meyers, Preg- ler. City Manager Gilbert D. Cha- venelle. Absent - Councilman Molden- hauer. (out of city). Mayor Couchman read the caIl and stated that service thereof had been duly made and this meeting is caIled for the purpose of consid- ering ADOPTION OF AN ORDI. NANCE AND DISPOSING OF A PORTION OF ST. MARY STREET and acting upon such other husi- ness as may properly come before a regular meeting of the City Coun- cil. Communication of Councilman Moldenhauer excusing his absence from the meeting, due to a former commitment to attend a profes- sional meeting out of the City, pre- sented and read. Councilman Preg- ler moved that the communication be received and filed. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays - None. Absent - Councilman Molden- hauer. Mr. Les Mateffy, a representa- tive of the Cast Iron Pipe Research ~~~~inf::~:~~e~f ~~~ ;Va~~rH~~: I partment, a Century Club plaque by virtue of having cast iron un- derground pressure in mains in service for a century or more, thereby electing the Water Depart- ment to Honorary Membership in the Cast Iron Century Club. Communication of Playground and Recreation Commission sub- mitting their annual activity re- port for 1970, presented and read. Councilman Meyers moved that the report be received and filed. Sec- onded by Councilman Pregler. Car- ried by the foIlowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays - None. Absent - Councilman Molden- hauer. ""'11 , Communication of Gloria M. Iling, submitting copies of peti- tions sent to the Planning & Zon. ing Commission relative to opera- tion of businesses at 2782 Buena Vista and at 105 W. 17th Street" in areas not normally allowed under their present zoning classification, presentect and read. Councilman Bitter mit\>ed that the communica- tion be received and filed. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays - None. Absent - Councilman Molden- hauer. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Meyers. Carried by the foIlowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays-None. Absent - Councilman Molden- hauer. Attorney Wm. Connery, repre- senting Mrs. Loras Grace of 2782 Buena Vista Street, who has been operating a figurine shop in her home for the last fifteen years addressed the Council by stating that this is in a two family area. Mr. Connery further stated that the area should be under exemp- tion under the Zoning Ordinance as educational use. Mrs. Richard Pluym of 105 W. 17th Street also addressed the Council who con- ducts a figurine business stated that she thought she was within the law because her place is in a business zone. She submitted a petition signed by citizens in the area requesting rezoning if neces- sary for her to stay in business. Councilman Bitter moved that the petition be received and filed and referred to the Manager and City Solicitor for investigation and report. Seconded by Mayor Couch- man. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays - None. Absent - Councilman Molden- hauer. Special Session, February 15, 1971 77 Printed Council proceedings for the month of December 1970" pre- sented for approval. Councilman Meyers moved that the proceed- ings be approved as printed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays-None. Absent - Councilman Molden. hauer. February 11, 1971 To the Honorable Mayor and City Council, This is to advise you that I have approved the foIlowing policy and desire to have your approval on same. Comprehensive Liability Dubuque Plumbing and Heating Co., A Division of Geiger & Co., Bituminous Casualty Corporation. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved fil- ing approval of the policy subject to approval of the City Solicitor. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays - None. Absent - Councilman Molden- hauer. February 12, 1971 To the Honorable Mayor and City Council I am enclosing a letter agree- ment from the Fischer Realty Company concerning an increased rent of $75.00 per month for the Municipal Court space. This agree- ment is as of January 1, 1971. I am also enclosing a covering letter from Court Clerk Stieber re- commending that the agreement be signed I request the authority to sign the agreement on behalf of the city. Respectfully, Gilbert D. Chavenelle City Manager Mayor Couchman moved approv- al of the Manager's request. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers" Pregler. Nays - None. Absent - Councilman Molden- hauer. February 4, 1971 Honorable Mayor and City Council On December 15, 1970, Donald Gagne of 1214 Jackson Street, this city, filed claim against the City of Dubuque in the amount of $15.00, claiming said alleged damages oc- curred on December 5, 1970 as the result of being struck and scraped by a low hanging tree branch causing injury to his eye and side of his face at 3:00 A.M. at or near 14th and Washington Streets. This matter was referred to the writer, and I have made an invest- igation of this matter, and find that the claimant is a blind man, and it is the recommendation of the City Attorney that said claim be paid to the claimant, and that the City Auditor be instructed to draw a warrant payable to Donald Gagne in the amount of $15.00 and transmit same to the City Attorney for delivery upon receipt of duly executed release. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Mayor Couchman moved approv- al of the recommendation. Sec. onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays - None. Absent - Councilman Molden- hauer. Notice of Snit of Ethel L. Hutter (refile) in the amount of $60,000 for personal injuries received in a fall on an icy sidewalk at 75 W. 17th Street on January 20, 1969, presented and read. Councilman Bitter moved that the notice of suit be referred to the City Solic- itor for investigation and report. Seconded by Mayor Couchman. Carried by the following vote: Yea8-'-Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays-None. Absent-Councilman Moldenhau- er. to David F. & Lynda L. Kluesner, pœseaied æ>dread, No written objections were filed ami no objectors were present in tile Co...w Chamber at the time æI: for the public hearing. Counci1man Meyers moved that the proofQf publication be re- ceived and filed Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays-None. Absent-Councilman Moldenhau- er. 78 Special Session, Febru.ary 15, 1971 Notice of elaim of LouisC. Ber- 1)', in the amouBt Qf $323.QQ, for car damage incurred as the result of said car being .u""k by " City- .....ned ""bbish tr.uck, while parked at 1030 Walnut Street on January U. 1971., p.resenied and read. Coun- cilman Bitter moved that the no- tice of claim be referred to the City .solici.tor fôr investigation and report. Seconded by May<>r Couch- man. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, 'Meyers, Pregler. Nays-None. Absent-CounciIman Moldenhau- er. .January %8, 1'971 lfunorab1e Ml\Yor ant'! Council Members The Ci.ty Planning and Zoning CommiSiion lJas reviewed a pro- posal 10 vacate a pOrtion of St. Mary's Street described as Lot A of the West .23' of Lot 1 of City .Lot 601, in the City ,of Dubuq..., Iowa. Tbe Conuni..ion .folWd Utat the Mea requested for vacation has accommødateda ,house that has existed on part of the right-of-way foc many years, and that .the .sur- face portion of 11te street .for vehiou1ar .and pedestrian .tt:affic would not be affected. It .. the "I>Ìni"" of the Com- mission that there is no present or futw'e .œed .fOIl' this property. 11 is the recommendation oi. the Pl.anriing and Zoning Commission that the r.equest he approved RespectfullY submitteol, CITY PLANNING AND ZONING COMJl1SSION Don Gilson City Planner Councilman Meyers movedt1rat 1he recommendatiOll be received and filed. .seconded by Co.uncil- man Pregler. Ouried :by Üle fol- lowing --: Yeas-Mayor Couchman, Coun- ci11JIrm Bitter, Meyera, Pregler. Nays..-Nnne. AbRRt-Councilman Moldenhau- er. Proof of Publicatiøn, oertiIied .to ~ the PuhIislleJ:, of Notice of public Jaearing -to consider vaca- tion and disposal of a portion of .'it. JIa1:Y Street .known as Lot A of W 23' of Lot 1 of City Lot 601, ~.. ORDINANCE NO. 2.71 .~ ORDINANCE VACATING A PO RTf ON OF ST. MARY STREET, FROM NORTHERN PROPERTY LINE OF THE WEST 23' OF LOT 1 OF CITY LOT 601 TO THE SOUTHERN PRDPER!I'Y LINE OF THE WEST 23' OF LOT 1 OF CITY LOT 601, said Ordinance having been previously presented and read at the Council meeting of January 11!, 1971, presented for Final adoption. i,;c¡",- to eXe..,te on ""'.. Of the "'" w uooooo,. low" S...,.. 2. Th.t .,Id ,e,' ..tete <Ie- <CTlb""" LotAof the"'est23' of Lot 1 of City Lot 60' In 'he en" ot Dobo,"'" low, be .nd the ..me Is - ..eat... Jl"\".., ... ' Spe<:ial Session, February 15, }OO1 'm _e. >. Th,' the City Cle,' be ,nd he 's h",by '"th"¡>ed ,nd dl- ....,.., to oao" no"" ot ¡nten> to "'sPO" 0' sold "" ..'ate to DOYJd F. & Lyn.. L. KID"",,. hosbend eodwlfe.whloh..ale""al.de- ""bed ;n the "".",h h"eln- abova. Pa..ed. 'm"'" and ado"", th;. 15th day ot Feb,""" 1971. Gayl". M. Couohman M",o, WaJte, A. ....", Don,ld R. M.",. Jo".h J. Oltte, ,,",",,"Imen A1'TEST, Leo F. F""""'elf City Clart< Pobllsh'" om""", In "'to Tel..".... _,'d New"a", thIs '9th do> of Feb,....", )971. . teo F.. "","melt City CI"k. tt. 2Y19 Councilman Meyers IDl>oed final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, COlli>- cilmen Bitter, Meyers, Pregler. Nays-None. Absent-Cottncilman lI[oldenhau" or. ORDINANCE NO, &-n An OrdInance amendin~ Inci chlngIng Ordinance No. 3'34 know.. as the "Zoning Map. Inei Zoning Ordinam:e of tha City of Dubuque, Iowa" ... as. to change Lot 2 of McDlnlel'& S.ub- divisIoo. from "Single FamDy Residence Distríct" classification to "Multiple Residence District" classificltion, (Cletus Freiburger property on Devenport St.) presented and read. CQuncihnan Bitter moved that !lie reading just had be considered the first reading of tbe Ordinance. seconded' by Councilman Pregler. Carried' by the following vote: Yeas.--Mayor Co.w:hman, CQUU.- cilmen Bitter, Meyers, Pregler. Na:ys.--None. Abseni---Cou.neilmaa Moldenhau.- er. Connci1man Bitter moved that the rule requiring an Ordinaftce 10 Ire read on three separate days be waived, Seconded by Council" man Pregler. Carried by the fol- lowing vol", Yeas-Mayor Couelnnan, COUB- dlmen llitter, Meyers, Pregter. Nays-None. Absent-Couneilman Moldenhau- er. COuneil'm8o BitJIer moved that a publi~ heariog be held on tbQ Ordi11B.nee. on March 15. un at 7:30 P.M. in the Council Chamber at the City Halt and that the City Clerk be instructed to publish 110- me of t... _riag in tbQ manner- required' by law. Se<onded by Ccoumd!m3l1> P1regler. {;arried by the following vete: Yeas-Mayor Couchman, C....... ciLmen mtter, Mey...s,. PregiM. N8(\'s-None.. Abseni---Councilm... Moldenhau- "". ORDINANCE NO. 9.71 An Ordinlnce amending Ind changm. o.dlnenee No. 3-34 kftown. as llie "Zoning Map Ind Zening OI'din.nce ef ""' City of Ðuf>uque, Pew"'" so ao II> c~ . part of Lot , of Lot 1 of Lot , of Lot- 1 of tot 3 of Miner.1 Lot 63' fro", L..of Business a Di. trict elflsifiCotioft to -B...i...s. Dilfriel" ct...."ficefien, lGeit>n- property Dodge & Bayant, I'resented and relKl. Councilman Bitter mov"" tIIat the reðding j¡øst had lie: cønsid- eredi the first readin~ of tIIIe Ordi- navee-. Seltond..d '" &0"';1""", Pre~ler: CII1'1'ÎI!d Ò\J the follDwiDg vote'. Yeas-~ Couchman, COnn. eilinen Bitter, Me>,yers, II'regler. Nays-NIo,., Absent----Coun£ilman Moldenlla1t- er. CoI11œi1man Bitter II1CIVeà tJtat tile nzre. requiring al! Ordinance 11<> be reld OR the three se¡Jarale days"" waived. Secoaded by Coun- cilman Preller. CarrieJi 1111 the foll<>Wiug vote'. Yeas-Mayor Couchman, Coon- CÎbIO<!n BitteE, Meye"." P~letr. Nays-None. Absent-Councilman Moldenhau- er. Councilman Bitter moved that a public hearing be held on the Ordinance on March 13,. 1!171 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Cierk be inStlueted ff> ¡mf>1i~ no- tice of the heariRg in the manner required by Jaw-.. Secended b1 CouncIlma,. ~Ier. Carried ",. the Mowing -: Yeas-MayoE Couclumm, Caun- cilmel1 Bi1!ler, Meyers, PftgleJt. Nays-None. AbseDt-CDunci:lman MoJ:dJenl!Iau- er. 80 Special Session, February 15, 1971 ~ Communication of playground & Recreation Commission requesting amendment of their budget to in- clude additional expenditure for operation of the Hempstead swim- ming Pool, 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 Bitter, Meyers, Pregler. Nays-None. Absent-Councilman Moldenhau- er. Mr. Hank Waltz addressed the Council by stating that the use of Hempstead is very much limited as they have a minimum filtering system, which means they could only serve from 250 to 300 ca- pacity. He objected to the raising of rates of Flora and Municipal pools to subsidize operation of Hempstead pool, also as to the proposed change of the hourly schedule. Mrs. Edna Thompson presented the Council with a petition of ap- proximatelY 500 signatures object- ing to the proposed increase in swimming pool rates and change of the hourly schedule of both Flora and Municipal pools. The bus situation is also bad. Iliver Valley Cap has no funds to pay for recreation. Councilman Bitter moved that the petitions be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun. cilmen Bitter, Meyers, Pregler. Nays-None. Absent-Councilmen Moldenhau- er. ORDINANCE NO. 10-71 An Ordinance emending the bud. get as approved by Ordinance No. 1.71, to increase recreation fund expenditures, presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays-None. Absent-Councilman Moldenhau- er. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas-Mayor Couchman, Coun. cilmen Bitter, Meyers, Pregler. Nays-None. Absent-Councilman Moldenhau- er. Councilman Bitter moved that a public hearing be held on the Ordi- nance on March 1, 1971, at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays-None. Absent-Councilman Moldenhau- er. Petition of Dubuque Wa-Tan-Ye Club requesting that the week of March 7th to 13th be proclaimed "Wa-Tan-Ye Week in Dubuque", presented and read. Councilman Pregler moved approval of the petition and same be referred to the Mayor. Seconded by Council- man Meyers. Carried by the fol. lowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays-None. Absent-Councilman Moldenhau- er. Petition of N. W. Bell Telephone Co. requesting permission to ex- cavate in 12th Street between Main and Central, intersection of 12th and Jackson, also on 12th between Central and Iowa, presented and read. Councilman Meyers moved approval of the petition and same be referred to the City Engineer. Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays-None. Absent-Councilman Moldenhau- er. Petition of Peter J. Seippel with- drawing rezoning request for Lot 2 of Katharine Seippel Subdivision, presented and read. Councilman Meyers moved that the petition be referred to the Planning & Zoning Commission. Seconded by Special Session, February 15, 1971 81 Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays-None. Absent-Councilman Moldenhau- er. Petition of General Fitzhugh Lee Spanish American War Auxiliary requesting permission to sell carna- tions on April 16th and 17th, pre- sented and read. Mayor Couchman moved that the petition be granted and referred to the City Manager. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman. Coun- cilmen Bitter, Meyers, Pregler. Nays-None. Absent-Councilman Moldenhau- er. Petitions of Dorothy M. Olsen requesting a refund of $125. on the unexpired portion of Liquor License No. C-5020; Requesting a refund of $25.00 on the unexpired portion of cigarette license No. 131; Requesting a refund of $50. on the unexpired portion of Class B Beer Permit No. 65, she has discontinued business on January 30, 1971 presented and read. Coun- cilman Pregler moved that the refunds be granted and the Audi- tor instructed to issue proper war- rant. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman. Coun- cilmen Bitter, Meyers, Pregler. Nays-None. Absent-Councilman Moldenhau- er. Petition of John J. Ludescher requesting a refund of $25. on the unexpired portion of cigarette li- cense No. 22, as he has discon- tinued business on February 1, 1971, presented and read. Council- man Pregler moved that the peti- tion be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays-None. Absent-Councilman Moldenhau- er. Proof of Publication, certified to by the Publisher of Notice of pub- lic hearing on resolution of Neces- sity for cleaning of the W. 32nd Street Detention Basin, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays-None. Absent-Councilman Moldenhau. er. (Necessity for Improvement) RESOLUTION NO. 42.71 WHEREAS, proposed plans, spec- ifications, and 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 CLEANING OF THE WEST 32nd STREET DETENTION BASIN BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement shall be paid from the SANITATION FUND The above resolution was intro- duced, approved and 0 r d ere d placed on file with the City Clerk this 1st day of February, 1971. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- 82 Special Session, February 15-, 1mt fJ9Sed, by the City council this 15th day of February, 1971. Gaylord M. Conctunan Mayor waa.ter A. pregle< Dona1d B. Meyers Joseph J. Bitter Cooncilmen Attest: Leo F. Frommelt City Clerk Councilman BiUer moved iinal adoption of the resolution. Seeond.- ed by Councilman Pregli>r. Carried by the £oIilowing vote: Yeas-Mayor Couchman, Cou... cilmen Bitter, Meyers, Pregler. Nay,...-None. Absent-counci1ma1\ MoId,mhau- cr. Proof of pufy!i:eation, cer!ified to by tile' Publisher, of Notice to Contractors of the receipt of pro. posal. for the cleaning of the W~ 321'Id street Detention Basit>, pre- sented and read. Counci1man Mey- ers moved that the proof of pull. llc'ation be received aftd filed. Seconded by Councilman Pregler. Carried by the fÐllowiug vote: Yeas-Mayor Couchman, COWl- oi:)n[en Bitter, M~ pregle>:. Nays-Norre. Absent-CounciIman Moldenhau- er- FeIJruafY 15, 1971 To the HOnorable Mayer and City Council PMsuant to> your instructions:, sealed proposals were received un~ tit 10:00 A.M., Monday, FebrUary 15', 19'71 for the Cleaning of tJOe W..t 3%nd Street Detention Basin. The lowest bid was entered by tbe Sam "an Construetion Company of Dubuque, Iowa. Tl\eir bid was 15.0% below the EI1ßineer'. Esti- !'fI8te. 1 recommend that the contraet for the improvement be awarded to the Saffran Construction Com- pany. }tespeCtfnily submitted, I Gilbert D. Chavenelle City Manager Mayor Couchman moved approv- al of the recommendation. Second. ed 1>y councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays - None. Absent - Councilman Molden- hauer. ,..."'" (Awarding Contract) RESOLUTION No. 51-11 WHEREAS, sealed proposals have been submitted by contract- ors for the Cleaning of the West 32nd Street Detention Basin pur- suant to Resolution No. 44-71 and notice t6 bidolers pahlisbed in a newspaper published in said City on February 3, 1971 and Februa<Y 10, 1M!; and WHEREAS, said sealed ,",~sals were opened 81\d read on FebrullfY 15-, 19'71, a1\d it has been deter- mined that the bid of The saffran Construction Company of DU'- buque, fowa in the amount of $19,594.20 was the lowest hid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and specifications;, BO>\V therefor., BE I!Y RESOLVED by the City Cmmcil of the City 01 Dubuque that the <ontract for the- above mentione-d improvement be award>- ed to The Slfffran Construction Company and tbe M....ger be and be is hereby cfirected to e-xecute a' contract on behal'f of the City of IJIlbuque for the complete per. formanee &£ said work. BE IT FURTHER RESOLVED, tfud upon the signing, of said co'" tract and the approval of the co... tractors boud the City Treasurer is authorized and instructed to retlm> the bid deposits of the unsw:cess- ful bidders. Approved and placed on ille for one week on February, 1911. Passed and adopted this 15th day 01 February, 19n. Gaylord M. COIIOhmaB Mayor Waiter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councih:rlan Bitter moved adopt. ion of the resotutioIL Se<onded by Councilman Meyer.. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays - None. Absent - Councilman Molden- hauer. Special Session, February 15, 1971 83 regulation of public improvement in their respective jurisdiction, and it is the judgment of the par- ties that traffic signals be install- ed, in accordance witb the fiscal 1971 Cooperative City Traffic Sig- nal Program, at tbe intersection of U.S. 52, 151, Iowa 3 (Locust Street) and 4th Street, U.S. 52, 151, Iowa 3 (Central Avenue) and 4th Street, and U.S. 52, 151, Iowa 3 (Central Averme) and 9th Street. Passed, approved and adopted this 15th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Mey,ers Joseph .1. Bitter Councilmen February 4, 1971 To the Honorable Mayor aDd tbe City Council Sometime ago we applied to the Iowa State Highway Commission for cost participation on new sig- nalized intersections being planned on primary highway routings through the downtown area. In conjunction with the 1971 Cooperative City Traffic Signal Program the State has agreed to pay the designated -percentage of the total cost of the following In- tersections, U$.52, Iowa '3 (Locust Street) and 4th Street 77% U.S. 52, Iowa 3 {Central Avenue) and 4th Btreet 82% U.S. 1'12, Iowa 3 (Central Avenue) and Øth Street 88% The percentage participation is I based on the projected volumes of highway vehicular traffic utilizing the intersection. We have attacbed an agreement furwarded to us by the State to be executed by the City Council. Af- ter this agreement is e!<Ccuted, we will send it to the Highway Com- mission along with a detailed eost estimate and plans. Upon receipt 01 written approval from the State we will commence construction of the signals. I Respectfully submitted, JohnL. White, P.E. City Engineer Councilman Meyers moved that the communication be received am filed. SeclJ11ded by Councilman Pregler. Carried by the foIlowmg vale: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays - Noone. Absent - Councilman Molden- hauer. Attest: Leo F. FrOJ)1.lOeit City Clerk 1, Leo F. Frommelt, Clerk ofthe City of Dubuque, Iowa do hereby Certify the foregoing to be a true and correct COpy of a Resolution Adopted by the City ,Council of the City of Dubuque, Iowa at a meet- ing on the 15th day of February, 1971, that said Resolution is still in effect; that the Agreement re- ferred to herein, attached thereto, is in the form executed. Witness 1he seal of said City of Dobnqne, Iowa and my signature this 15th day of February, 1971. Leo F. Frommelt City Clerk CouncHman Pregler moved adop- tion of the TCso'ltrtion. Seconded by Mayor Couchman. Carried 'by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Pre¡¡Jer. Nays - None. Absent - Councilman Molden- hauer. RESOLUTION No. 52-71 NOW, THEREFORE BE IT BE- I SOLVED BY THE CITY COUNCIL O.F THE .cITY OF DUBUQUE, IOWA: That ,the M'ß'Or and City Clerk be and they are 1Iereby authorized and dir""ted to eKecute an agree- ment dated 1Mb ,of February, 1971 with Iowa State Highway Commis- sion, a copy"" which Agreement is attached, respecting the financ. ing, 'planning, ,eitabli.hment, im- provement, maintenance, use on Febmary 12, 1971 To tbe Hoonorable Mayor and City Council Enclosed is a request to make Municipal Court employees Joan Blodœr and Aloysius Ðeclãus "De- puty 'COJ.IIt Clerks". it is _om- mencied that the resolution be passed assigning the title to these employees. Respectfully, Gilbert D. O\IBVeueIle City Matulger 84 Special Session, February 15, 1971 Councilman Pregler moved that I the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays-None. Absent - Councilman Molden- hauer. RESOLUTION No. 53-71 WHEREAS, Joseph A. Stieber, Clerk of the Municipal Court of Dubuque, Dubuque County, Iowa, has requested the confirmation of the appointment of Aloysius Beck- ius and Joan Blocker as Deputy Clerks of Said Court; and WHEREAS, it appears that such appointment should be confirmed; NOW THEREFORE, Be It Re- solved by the City Council of the City of Dubuque: Sec. 1. That the appointment of Aloysius Beckius as Deputy Clerk of Municipal Court of Dubuque, Dubuque County, Iowa, be and hereby is confirmed; Sec. 2. That the appointment of Joan Blocker as Deputy Clerk of Municipal Court of Dubuque, Du- buque County, Iowa, be and hereby is confirmed; Passed, adopted, and approved this 15th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adopt- ion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays-None. Absent - Councilman Molden- hauer. RESOLUTION No. 54-71 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. Barkalow Bros. Company, 200 Main Street Jerry L. Udelhoven, 1897 Clarke Drive William P. Fransen, 1900 Washing- ton Street Donald M. Love, 600 Central Ave- nue (Transfer from 250 West 6th Street effective March 29, 1971) BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 15th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adopt- ion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays - None. Absent - Councilman Molden- hauer. RESOLUTION No. 55.71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT 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 William P. Fransen, 1900 Washing- ton Street Gerald Kirchberg, 3165 Central Avenue Passed, adopted and approved this 15th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Special Session, February 15, 1971 85 Councilman Bitter moved adopt- ion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays - None. Absent - Councilman Molden- hauer. RESOLUTION No. S6-71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun. cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. Class "B" Beer Permit William P. Fransen, 1900 Washing- ton Street Gerald Kirchberg, 3165 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 15th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adopt- ion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Pregler. Nays-None. Absent - Councilman Molden- hauer. RESOLUTION No. S7.71 WHEREAS, application for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com pliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123-08 amended by the 60th General Assembly, 1963. C/o.. "C" Commercial Estoblishment Gerald Kirchberg, 3165 Central Avenue Passed, adopted and approved this 15th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adopt. ion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays - None. Absent - Councilman Molden- hauer. RESOLUTION NO. 58-71 WHERAS, applications for Liq- uor Permits were filed by the with- in named applicants and they have received the approval of this Coun. cil, and WHEREAs, the premises to be Occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor permit. 86 Special Session, February 15, 1971 CLASS "c" COMMERCIAL ESTABLISMENT Gerald Kirchberg, 3165 Central Avenue Paned. adopted and approved this 15th day of February, 1971. Gaylord M. Couctunan Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the reBOlution. seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun. cilmen Bitter, Meyers, Pregler. Nays-Nooe. Absent-CounciIman Moldenhau- er. RESO\.UTION NO. 59.71 WHEREAS, on the 6th day of I October 1969, the City Council of the City of Dubuque, Iowa passed and adopted Resolution No. 338-69 approving disposition of interest of City of Dubuque in certain real estate to Fischer Investment Com- pany and in said Resolution was oontained a description of the property to be disposed of, and WHEREAS, t h r 0 ugh inadver- tence and mistake a portion of the description was left oul and that the property correctly de- scribed is as follOWS: The EasterlY two hundred eighty two (282) feet from the easterly boundary of Block 24, Dubuque Harhor Improvement Co.'s Addi- tion, Sixth Street, B 1 0 c k 0 Booth's Addition, vacated Fifth Street, Block N, vacated Fourth Street, Lots 11, 10, 9, 8, '7, 6, and the north 3 feet 3 inches of Lot 5 in Block M, Booth's Addi- I tion, all in the City of Dubuque, Dubuque County, State of Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposition 01. interest of City of Dubuque in and to real estate hereinahove de- scribed he and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authori2ed and directed to uecute corrected deed conveying the real estate hereinahove described and to deliver same to Grantee forth. with, conveying said property to Fischer Investment Company. Section 3. That the City Clerk be and he is hereby authori2ed and directed to record a certified copy of this Resolution in the office of Dubuque County, Iowa recorder. Section 4. That in all other re- spects Resolution No. 338-69 ex- cepting the description therein contained be and the same is here- by ratified and confirmed. Passed. approved and adopted this 15th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays-None. Absent-Couneilman Koidenhan- er. At 9:24 P.M. Councilman Pregler moved to go into an executive ses- sion for the purpose of discussing with the City Manager and Per- sonnel Director Walter Bockes, wage negotiations of City Employ- ees. Secondèd by Mayor Couch- man. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays-None. Absent-Councilman Moldenhau- er. The Council reconvened in reg- ular session at 11:13 P.M. with the Mayor making the announce- ment that there was a discussion of wage negotiations as it presently exists in the executive session. There being no further business C<mncilman Bitter moved to ad- journ. Seconded by Councilman Special Session, February 15, 1971 Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Pregler. Nays-None. Absent-Councilman Moldenhau. er. , Leo F. Frommelt City Clerk f51 Approved ....................................1971 Adopted ......................................1971 ............................................................ ............................................................ ............................................................ ............................................................ ..............-........................................... Councilmen Attest: .................................................. City Clerk Section 1. That the application of Wm. Brown Company Publish- ers of Dubuque to purchase a par- cel of real estate in the City of Dubuque, Iowa which real estate is described and known as: Lot 1 of Lot 1 of Lot 1 of Block 5, and Lot 1 of Lot 2 of Lot 1 of Block 5, "Riverfront Sub-divi- sion No.3" in the City of Du- buque, Iowa, containing approxi- mately 11.7 acres, subject to existing easements be and the same is hereby approv- ed upon the following terms and conditions: A. That said real estate be sold to Wm. Brown Company Pub- lishers for the construction of a new Building thereon con- taining approximately 65,000 square feet. B. That the sale price for said real estate shall be $5,000.00 per acre for 11.17 acres in the total amount of Fifty- five Thousand Eight Hund- red and Fifty Dolliars ($55,850.00) and the receipt of Five Thousand Five Hund- red Eighty-five Dollars ($5,585.00) as down payment is herewith acknowledged by the City. C. That constrnction of said plant be commenced within one (1) year of adoption and the passage of this Resolu- tion and shall be completed within two (2) years of deliv- ery of deed, and upon failure so to do by the purchaser, Wm. C. Brown Company Pub- lishers said real estate shall automatically revert to the City of Dubuque, Iowa and purchase price, less damages, shall be refunded to the pur- chaser. D. That the constrnction of all, buildings, yards, parking lots, fences and ancillary improve- ments shall be constructed in conformance with existing City codes, and manufactur- ing processes carried out in accord with City ordinances. E. That the City of Dubuque, Iowa retains a perpetual ease- ment for existing waterlines, existing sanitary sewer and storm sewer lines and for utilities together with right of ingress and egress to re- 88 Special Session, February 20, 1971 CITY COUNCIL OFFICIAL Special Session, February 20, 1971. Council met at 10:00 A.M. (C.S.T.) Present - Mayor Couchmen, Councilmen Meyer, Moldenhauer, Pregler. City Manager Gilbert D. Chavenelle. Absent-Councilman Bitter (at roll call). Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of DISCUSSING WAGE NEGOTIA- TIONS and acting upon such other business as may properly come before a regular meeting of the City Council. RESOLUTION NO. 60-71 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, compos- ed of Gaylord M. Couchman, Mayor, Joseph R. Voelker, Chairman of Dock Board, and Robert E. Doro- thy, Manager of Dubuque Indus- trial Bureau, have recommended to the City Council of Dubuque, Iowa, that the application to pur- chase certain real estate by Wm. C. Brown Company Publishers of Dubuque is described and known structing and erecting thereon a 65.000 square foot plant in the City of Dubuque, Iowa, and WHEREAS, the City Council of Dubuque, Iowa has examined said application and said recommenda- tion by the MAYOR'S INDUS- TRIAL COMMITTEE and find that the sale of said real estate should be approved, and WHEREAS, said real estate sought to be purchased by Wm. C. Brown Company Publishers of Dubuque is described and known as: Lot 1 of Lot 1 of Lot 1 of Block 5, and Lot 1 of Lot 2 of Lot 1 of Block 5, "Iliverfront Sub-division No.3" in the City of Dubuque, Iowa, containing approximately 11.17 acres, subject to existing easements. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: ...'" Special Session, February 20, 1971 89 pair, inspect and maintain the same. F. That all utilities and services to proposed buildings be connected at buyer's expense. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate as is by law required. Section 3. This Resolution re- peals Resolution No. 29-71 passed, approved and adopted on the 1st day of February 1971 and which shall be of no further force or effect. Passed, approved and adopted this 20th day of February, 1971. Gaylord M. Couchman I Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Cierk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Pre- gler. Nays - None. RESOLUTION NO. 61.71 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 January 22, 1971 and January 29, 1971, City Council of Dubuque, I Iowa met on the 15th day of Feb- ruary, 1971 at 7:30 o'clock P.M., Central Standard Time, in the City Council Chamber, City Hall, Du- buque, Iowa to consider the pro. posal to dispose of interest of the City of Dubuque to a portion of St. Mary Street from the N.P.L. of West 23' of Lot 1 of City Lot 601 to S.P.L. of West 23' of Lot 1 of City Lot 601, now known and platted as: Lot A of West 23' of Lot 1 of City Lot 601, in the City of Dubuque, Dubuque County. Iowa to David F. Kluesner, husband and wife; and WHEREAS, City Council of Du- buque, Iowa overruled any and all objections oral or written, to the I proposal to dispose of interest of City of Dubuque, Iowa in the above described real estate to David F. Kluesner and Lynda L. Kluesner, 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 in real estate to David F. Kluesner and Lynda L. Kluesner, husband and wife, covering the following described real estate, to-wit: Lot A of West 23' of Lot 1 of City Lot 601, in the City of Du- buque, Dubuque County, Iowa for the total purchase price of One Dollar ($1.00) plus cost of publication and filing fees, and that no abstract of title be fur- nished, be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver deed of conveyance to David F. Kluesner and Lynda L. Kluesner, husband and wife, upon receipt of total purchase in the amount of One Dollar ($1.00) plus costs of pub- lication and filing fees. Section :to That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Re- corder. Passed, approved and adopted this 20th day of February, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-councilman Bitter. At 10:12 A.M. Mayor Couchman moved that the Council go into executive session for the purpose of discussing wage negotiations with the representatives of the bar- 90 Special Session, February 20, 1971 gaining Committee of Union Local 421. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Conn- cilmen Meyers, Moldenhauer, Preg. ler. Nays-None. Absent - Councilman Bitter. COUNCILMAN BITTER ENTER- ED THE COUNCIL CHAMBER AT 10:55 A.M. At 11:50 A.M. the Coun- cil reconvened in regular session with the announcement by Mayor Couchman that bargaining be- tween the Union and COuncil took plaee and the subject will be handled by Mr. Bootes, the per. sonnel director. There being no further busine.. Councilman Meyers moved to ad- journ. Seconded by Councilman Pregler. Carried by the following ",ote: Yeas - Mayor Couchman, COun- cilmen Bitter, Meyers, Molden- hauer" Pregler. Nays-None. Leo F. Frommelt City Clerk Approved ..................................1971. Adopted ......................................1971. ............................................................ ................-......................................... ............................................................ ............................................................ """""""""""""""'ë~;;:;;;;¡¡;:';;""'" Attest: "."'.'ëïiŸ'.C¡;;¡;:"'.""."""""'"