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1971 March Council Proceedings Regular Session, March 1, 1971 91 CITY COUNCIL OFFICIAL Regular Session, March I, 1971. Council met at 7:30 P.M. (C.S.T.) Present - May 0 r Couchman, Councilmen Bitter, Meyers, Mold. enhauer, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had heen duly made and this is the REGULAR MONTHLY MEETING of the City Council called for the purpose of acting upon such husi- ness as may proper!ly come before the meeting. Communication of A. L. Weitz, suhmitting two innovations for promotion for the City hy having the Policemen and Firemen serve in both capacities as in other cities, that a cooperative set-up be es- tablished between utility compan- ies whereby all meters be read by single meter reader resulting in one call per month presented and read. Councilman Meyers moved that the communication be receiv- ed and filed. Seconded hy Council- man Pregler. Carried by the follow- ing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of Robert E. Kemp et ux of 3542 Keymeer Drive praying for relief from the nuis- ance of periodic sewer back-up into their home presented and read. Communication of Carl F. Mc- Carthy submitting a history of sew- er back-ups on Keymeer Street since 1968 up to February of this year and requesting the Council to have the serious health hazard cor- rected now, presented and read. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Conncil if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Carl McCarthy of 3518 Keymeer addressed the Council in support of his petition. Mr. Hubert Wagner of 2023 Key Largo stated that the sewage is being pumped into a ditch in the area. Mrs. Robert Kemp and Ken Roeth objected to the repeated sewage back-up nuis- ance. Mr. Richard Hansel, subdi- vider of the area, stated that it is common practice to have drain tile running into the sanitary sewer lines. Councilman Pregler moved that the petitions be received and filed and the City Manager be au- thorized to proceed with design and relief for the area- Seconded by Mayor Couchman. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of Low Rent Housing Commission submitting minutes of their meetings held on February 16th and 23rd, present- ed and read. Councilman Meyers moved that the minutes be receiv- ed and filed. Seconded by Council- man Pregler. Carried by the follow- ing vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Communication of John Bulkley and Jim Miller, Telegraph Herald reporters, objecting to alleged sec- recy of Planning & Zoning Com- mission meeting of February 23, 1971 with the Urban Renewal Di- rector, presented and read. Coun- cilman Meyers moved that the communication be received and fil- ed. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Proposed Curfew Ordinance pre- viously submitted by Mr. Joe Para- diso, at the previous Council meet- ing of February I, 1971, resub- mitted for consideration. Council- man Meyers moved that the pro- posed Ordinance be received and filed. Seconded by Councilman Pregler. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. 92 Regular Session, March 1, 1971 Communication of Dubuque Ad- visory Commission recommending that a curfew is not necessary at this time: however, it can be re- examined at a later time, if neces- sary, due in some part that there is litUe factual material written on curfews, mainly because it is diffi- cult to study scientifically the extent and time factor of juven- ile crime, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Councilman I Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Mr. William Woodward Chair- man of the Dubuque Advisory Commission reminded the Council of a vacancy on the Commission and he hoped that the Council would consider a young person for reappointment. As to the curfew a majority of the local police would like it. Mr. Joe Paradiso presented a minority report from the Commission meeting of January Z6th. Mayor Couchman was of the opinion that youth is confus- ed enough without putting in a built-in tension factor. Councilman Moldenhauer moved that work sessions be established with the City Solicitor to pursue study of feasibility of having a curfew ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Councilman Bitter, Mol- denhauer, Pregler. Nays-Mayor Couchman, Coun- cilman Meyers. February 23, 1971 To the Honorable Mayor and City Council I hereby submit the report of O'Connor, Brooks & Co. of the fis- cal records of the Water Depart- ment for the year 1970. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the report be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. February 25, 1971 To the Honorable Mayor and City Council This is to advise that I have ap- proved the following bond, and de- sire to have your approval on same. PUBLIC OFFICIAL BOND Romola N. Russo, Western Surety Company Respectfully, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the bond be received and filed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of List of Claims issued during the month of January 1971, presented and read. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. February 19, 1971 Hon. Mayor and City Coun.:il Mr. Robert Mueller of 295 Villa Street, this city, filed claim against the City of Dubuque, Iowa on De- cember 18, 1970 for damages al- legedly suffered to his motor ve- hicle on November 11, 1970 as the result of striking a protruding sec- tion of tbe curb at the corner of Grandview and Bryant Streets on the east side of Grandview, and this matter was referred to the City Attorney. I have conferred with the clai- mant and have made an investiga- tion of the matter and have found that the claimant scraped the side of his auto and damaged a tire and said claimant has made an of- fer of settlement of this matter in the amount of $60.00. It is the re- commendation of the City Attor- ney that said offer of settlement be accepted, and that the City Au- ditor be instructed to draw a war- rant payable to Robert Mueller in the amount of $60.00 and trans- mit same to the City Attorney for Regular Session, March 1, 1971 93 delivery upon receipt of duly exe- cnted release. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Second- ed by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. February 19, 1971 Ron. Mayor and City Council On March 12, 1969, Mrs. Chris- tina Margaret Atchison of 673 E 15th Street, this city, filed claim against the City of Dubuque, Iowa in an undetermined amount for in- juries allegedly suffered on Feb- ruary 18, 1969 and claimant alleg- ing she cracked both kneecaps as the result of tripping on a raised edge of the sidewalk at or near 1438 White Street, Dubuque, Iowa and this matter was referred to the writer. I have made an investigation of this matter and have conferred with claimant and have reviewed I the medical and hospital bills, and claimant has made an offer of set- tlement of this claim in the amount of $500.00, and it is the recom- mendation of the City Attorney that said offer of settlement be accepted and that the City Audi- tor be instructed to draw a warrant payable to Mrs. Christina Margaret Atchison in the amount of $500.00 and transmit the same to the City Attorney for delivery upon receipt of duly executed releases. Origiual claim is returned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Second- ed by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Notice of Claim of Mrs. Flory Brinskeliy, in the amount of $5000. for personal injuries received in a fall on an icy street on Bissell Lane on February 12, 1971, pre- sented and read. Councilman Me- yers moved that the notice of claim be referred to the City Solicitor for investigation and report. Se- conded by Councilman Bitter. Car- riel by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. February 19, 1971 Hon. Mayor and City Council On February 17, 1971, Mrs. Flo- ry Brinskelly of 928 Central Ave- nue, Dubuque, Iowa, through her attorney, served notice of claim for personal injury in the amount of $5,000.00 and alleging in said no- tice that on February 12, 1971 she fell and fractured her pelvis as the result of slipping on an al- legedly long existing patch of ice at or near the westerly curb of Bissell Lane in Dubuque, Iowa. This matter was referred to the City Attorney who made an in- vestigation of same, and it is his recommendation that said claim be denied. Original claim is returned here- with. Your very truly, R. N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Se- conded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Notice of Claim of Mrs. Doro- thy Olsen, in an undetermined amount, for personal injuries re- ceived in a fall on an icy side- walk on East 11th Street on Ja- nuary 25, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moyers, Molden- hauer, Pregler. Nays - None- Notice of Claim of Lou Ann Gregory, in the amount of $15,000 for personal injuries received in a fall of the intersection cf North Grandview and Hale Streets on Regular Session, March 1, 1971 95 Regular Session, March 1, 1971 94 Notice of Claim of Joseph F. Miller, in the amount of $56.69 for car damage incurred as the re- sult of striking chuckholes in the street at 495 N. Grandview on February 24, 1971, presented and read. Councilman Meyers moved that the notice of claim be referr- ed to the City Solicitor for investi- gation and report. Seconded by Councilman Bitter- Carried by the following vote: Yeas - Mayor Couchman, Coun cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Notice of Claim of Michael G. Massey, in the amount of $160.70, for car damage incurred as the re- sult of striking a hole in the street at Wildwood Drive and 32nd Street on February 23, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Notice of Petition from District Court by Ecumenical Housing Inc. in the amount of $54,033.00 alleg- ing negligence on the part of the City resulting in a fire on Novem- ber 27, 1970 at 2651 Owen Court, presented and read. Councilman Meyers moved that the notice be referred to the City Solicitor for investigation and report. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. I Notice of Judgment of Fred E. & Katie Klett, in the amount of $25,000, for damages to property described as N'h of SW¥4 Sec. 35, as the result of condemnation to acquire additional Airport land, presented and read. Councilman Meyers moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of to amend the Zoning Map and Zoning Ordinance No. 3-34 so as public hearing to classify the recently an- nexed property as Multiple Resi- dence District Classification de- scribed as follows: Lot 1 of 1 of 1 of 1 of 1 of 2 of M. L. 483; Lot 3 of 1 of I of 1 of 2 of M. L. 483; Lot 2 of 2 of 1 of 1 of 1 of M. L. 483; Lot 2 of 1 of I of 1 of 1 of M. L. 438; 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 I of 2 of 1 of M. L. 496; all in Table Mound Twp., in the City of Dubuque, Iowa, con- taining 114.23 acres, presented and read. No written objections were filed and no oral objectors were pre- sent in the Council Chamber at the time set for the public hear- ing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. ceived in a fall on an icy area at the northeast corner of University & Glen Oak streets on January 30, 1971, presented and read. Coun- cilman Meyers moved that the no- tice of claim be referred to the City Solicitor for investigation an report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Notice of Judgment of Merlin H. & Dorothy R. Bradley, in the amount of $30,000 for damages and loss of access to their proper- ty being the NW¥4 of Sec. 35 Twp. 88 N. as the result of condemna- tion to acquire additional AirPort land, presented and read. Council- man Meyers moved that the notice be referred to the City Solicitor for investigation and report. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen, Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Notice of Claim of Donald F. Cul- len, in the amount of $33.38 for personal injuries received in a fall on an icy sidewalk at 2463 Cen- tral Avenue on January 8, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Soli- citor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. February 2, 1971, presented and read. Councilman Meyers moved that the notic> of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden hauer, Pregler- Nays - None. Notice of Suit in Municipal Court of Ann & Howard Connolly in the amount of $166.70 for pro- perty damage incurred as the re- sult of a fallen dead elm tree on July 21, 1970 at 1335 Dell Street, presented and read. Councilman Meyers moved that the notice of suit be referred to the City Solici- tor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilman Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Notice of claim of Marte Eliza- beth Donath of 1550 Fairfax Street, in the amount of $421.00 plus, for property damage incurred as the result of flooding of her home due to a broken water main on Janua- ry 24, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Notice of claim of John A. Strei- Dz, in the amount of $60. for car damage received as the result of striking a chuckhole in the street at 605 W. 32nd Street on Fehruary 20, 1971, presented and read. Coun- cilman Meyers moved that the no- tice of claim he referred to the City Solicitor for investigation and report. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Notice of claim of Mrs. Richard K i e If e r, in an undetermined amuont, for personal injuries re- ORDINANCE NO. 3.71 An Ordinance Zoning and Cia.. sifying recently annexed territory to the City of Dubuque, Iowa as a "Multiple Residence District" which real estate is hereinafter described, (Tower Investment Co.) said Ordinance having been pre- viously prasented and reed at the Council meeting of Februery 1, 1971, presented for Final Adop- tion. Notice of Claim of Mrs. Ethel D. Gibbons, in an undetermined amount, for personal injuries re- ceived in a fall on an icy sidewalk on the east side of Washington Street, south of 24th Street on Feb- ruary 6, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA, Section I. That the follow'.. de- ""bed ,.a' esta'e. to-wll, Regular Session, March 1, 1971 Regular Session, March 1, 1971 96 97 the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. 4-71 An Ordinance Zoning and Cia.. slfylng Recently Annexed Terri. tory to the City of Dubuque, Iowa, as a "Multiple Residence District" which real estate is herelnalter described (Waller Byrne & Table Mound School), said Ordinance having been previously presented and read at the Council Meeting of February 1, 1971, presented for Final Adoption. ORDINANCE ND. 4-71 ,-t:'~~ND EX- OF PLE ilCH TER Lot 1 01 Lot 1 01 LotI of Lot I of Lot 1 ot Lot 2 ot Mlnml Lof ""'; Lot301 Lot I of Lot I of Lot 1 01 Lot 2 01 Mlnml Lot '83; Lot2 of Lot2 of Loti 01 Loti 01 Lot I 01 Mlnml Lot '83; Lot 2 of Lot 1 of LotI 01 Lot I of Lot 1 01 Minml Lof '83; Lot 1 01 . - - "'.,- Proof of Publication, certified to by the Publisher, of Notice of public hearing to amend the Zon- ing Map and Zoning Ordinance No. 3-34 so as to classify the recently annexed territory as a Single Fam- ily Residence District to-wit: That portion of Lot 2 of the Subdivision of Lot 1 of 2 of 1 of resubdivision of part of Shipton Addn., Dubuque County, Iowa which lies north of the County road described in Book of Lands book 48, pages 263 and 264, Lot 2 of Lot 3 of resubdivi- sionof part of Shipton Addn. Du- buque County, Iowa, Lot 2 of Lot 6 of the resubdivision of part of Shipton Addn. Dubuque County, Iowa and Lot 2 of 1 of 6 of resub- division of part of Shipton Addn. City of Dubuque, Iowa, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by I the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Or..DINANCE NO. 5.71 An Ordinance Zoning and Clas. sifying Recently ennexed territory to the City of Dubuque, Iowa as a Single Family Residence District Classification which real estate is herelnalter described, (Mississippi Valley Milk Producers Ass'n) said Ordinance having been previously presented and read at the Coun. cil meeting of February 1, 1971, presented for final adoption. NOW THEREFORE BE IT OR- DAINED ay THE CITY COUNCIL OF THE CITY OF DUBUQUE. 10WAo Seo';on I. Thot the Iollowlng de- ",'bed 'eol e,tole. to-wit, -"b"o"e Lot6 01 t of Ship. .. ---"., Co"nty, owo ond Lol2o1 Lot I of Lol6 of the ,e"bdlvl"on of p"t of Shipton Addition. City 01 D"b"""e. Iowa be ond the ..me " he,oby cl"""ed ond ,oned a, 0 "Sln"e Family Re,l- dence DI,t,lct." Sec';on 2. That ..Id tecelton> be and the ..me 'hall be In ,"d become POet of the FI", Voting P,eclnct 01 O"b"""e, Iowa. Po"ed. ""oved gnd gdopfed thl, I" day 01 M"ch, 1971. Ga"o,d M. C,"chmon Moroc Waite, A. P'eole, WaYne A. Moldenh"" Don"d R. Merees Jo",. J. Sin" Co"ncllmen ATTEST; Leo F. F'ommelt CIty Cle'k P"bll,hed Omclally In The Tele- g'aph-He"'d New,po.., thl, "h day of M"ch 1971. Leo F. F'ommelt it. 3/' City Cle'k Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Bitter. Car- ried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Eitter, Meyers, Molden- hauer, Pregler. Nays-None- ":C:;J'the ..me i, he,ebY cla,, fIed and 'oned " 0 "M"ltlple Re,'dence Ol,"'ct." sec';oo 2. That ..Id tecelton> be and the "me ~~~\ ~ot"~g an~,~~~e ora'ó"g'.,oTI'e". Iowa. Pe"",,. ap"oved and edooted thl, ht day of M"cI>. 1971. Go"o,d M. COVchm," Mayo, Waite, A. P Worne D"ald Jo,," Co,"c, ATTEST; Leo F. Frommeit City Cle'" Publl"'ed offIcially In The Tele- g,oph-Hmld New,pope' fh" ,th day of Mo'ch 1971. Leo F. F'ommeit it. 3/' City Cie,k Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Councilman Moldenhau- er. Carried hy the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified I to by the Publisher, of notice of public hearing to amend the Z~n- in~ Ordinance and Zon;ng Map No. 3-34, so as to classify the recentlv annexed territory as Multiple Resi- dence District Classification de- scribed as Lot 1 of 1 of 1 of 1 of 1 of 1 of Annie Waner's Subdivi- sion No.2 in Section 1 and 12, Twp. 88 North R. 2E of 5th P. M. Table Mound Twp. City of Du- buoue, Iowa, and Lot 2 of Subdi- vision of Lot I of 1 of 1 of 2 of M. L. 483 in SW'l. of Section 1, Twp. 88 N. R. 2E. of 5th P. M. in Table Mound Twp. City of Du- buQue, Iowa, and Lot 2 of Subdi- vi.ion of M. L. 484. in SW'I. Sec- tion I, Twp. 8q N. R. 2E 5 P- M. Table Mound Twp. City of Du- buque, Iowa, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by nexed on. ,oned and Re,ldence u"",c, . NOW THEREFORE BE iT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF OUBUQUE. IOWA; Sec';on I. That the Iollowlng d<- ,c,lbed 'eal e,tote. to-wit, of Loti 01 Loti of Lot 1 - .. . ..... Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to amend the Zoning Map and Zoning Ordinance of the City of Dubuque No. 3-34 by clas- sifying the following recently an- nexed territory as a Single Fam- ily Residence District; Lots 103, 104 and the Wly 7' of Lot 102 in "O'Neills River View" City of Du- buque, Iowa, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that tbe proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. SectIon 2. Thot ,old tecelton> be ,"d the ,ome ,hall be In and be- come po,t of the FI"t Voting P,e- clnct 01 O"b"o"e. Iowa. Po"ed. app,oved end odopted thl, ht day of Mmh, 1971. Gaylo,d M. Co"chmon. Moyo, Waite, A. P,eole, Worne A. Moldenhoue, Donald R. Merees Joseph J. Blne' Councilmen ATTEST; Leo F. Frommeit City Cle,k Publl,hod offIcIallY In Tho Tele- g,oph-Hmld Newspo..' this ,th daY of Mo'ch 1971. Leo F. F,ommelt n. 3/' City Cle,k Councilman Meyers moved final adoptioIi of the Ordinance. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. OROINANCE No. 8-71 WHEREAS, the 'eol estate he'eln- ofte, desetlbed w" ,ecently onnexed 10, and become a POet 01. the CIty of by 'eso""on 01 the n~~; ~~ P'o- M'.~..V"O"V'" WHEREAS. the Planning and Zon- Ing Commi,,'on 01 the City 01 D"- buo"e, Iowa h.. . ommended that Iy annexed and be 'oned end , GLE FAMILY TRICT." "" Regular Session, March 1, 1971 Regular Session, March 1, 1971 99 98 ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Mrs. Edna Thompson presented petitions, containing 554 signa- tures, objecting to the raise in swiming pool rates or change the hourly schedule of both Flora and Municipal pools to subsidize the pool at Hempstead High School, presented and head. Councilman Bitter moved that the petitions be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Mr. Hank Waltz requested that the prices be kept at fifteen and thirty-five cents for summer swim- ming pool rates. Mr. Harold Sweet stated that they do not like to raise prices and before the pools are opened for the smnmer they would review the rates. Mr. Dick Slattery and AI Lundh reviewed the swimming pool program at great length. Communication of Dubuque Citizens Advisory Com- mission submitting a Synopsis of Pool Rates, Findings and Recom- mendations, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Councilman Bitter moved that debate be closed. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. 10-71 AN ORDINANCE AMENDING THE BUDGET AS APPROVED BY ORDINANCE NO. 1-71, said Ordi. nance having been previously pre- sented and read at the Council meeting of February 15, 1971, pre- sentad for Final Adoption. ORDINANCE NO. 6-71 An Ordinance Zoning and Clas- sifying recently annexed territory to the City of Dubuque, Iowa as a "Single Family Residence District" which real estate is hereafter de- scribed (Phyllis Jones property) said Ordinance having been previ- ously presented and read at the Council meeting of February 1, 1971, presented for Final Adop. tion. Mlscellan.... Reven.e, R.....'ien-G..era' F.nd A«aunt Cede Ne. DescrlO'lan ¡:~:gJ ~:I:;::;:¡~: ¡;gg¡ ::&r::tlon Total Reven.e Amount In"""... $3,825.00 1.349.00 $5.17<.00 Swimming Pool E_n.., Rec...tlo..G.....al F.od A ede No. O..criotion 17 Per..nnel Expen,e 17 Mlscell.,eo.. S'oolles 17 In"ranee 17- Rent, and Lea... Total Expen,e Amount I ~ ORDINANCE NO. 6-71 Pa"ed, adopted and approved thl, '" doo of Mmh. "71. Gavlord M. Couchman Me... Welter A. Pregler Weyne A. Molde...e.... JoHPh J. BiMer Co.nellmen ATTEST, Leo F. Frommelt CITY CLERK p.bllshed otlicially In The Telegraph-Hereld Newopeper Ibl. 41b day of Merch 1971. Leo F. Frommelt Cltv Clerk. It. 314 Councilman Bitter moved final adoption of the Ordinance. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-Councilman Meyers. ORDINANCE No. 11.71 AN ORDINANCE AMENDING OR- DINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBU- QUE, IOWA" AS AMENDED BY ENACTING A NEW SUBSECTION 107 OF SCHEDULE VI THEREOF TO PROIUBIT THE PARKING OF MOTOR VEHICLES ON THE SOUTH SIDE OF EDISON STREET FROM STAFFORD AVENUE TO ALTHAUSER AVENUE, presented and read. Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, M,yers, Molden- hauer, Preglar. Nays - None. r~ NOW THEREFORE BE IT OR- OAINEO BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA, Section ,. scribed real Lots '03. 7 fest of River VI Iowa. be and SectIon 2. Thaf ..Id territory be and Ibe ,ame shall be in and become pa,t of Ibe Wh Voting Pmind of O.b.oue, Iowa. P,,"'. approved and adopted thl, "t day of Merch. "". Gaylord M. Co",hmen, Mooor Walter A. pregle, Woone A. Moldenha.er Donald R. Meya" J..eph J. Bitter Oo.ncllmen t ATTES' ""ph-He,ald -"',w¡pàpe~n lb¡;h~lh T~~"ÿ of March '971. Leo F. Frommelt It. 314 Cltv Clerk Councilman Bitter moved final adoption of the Ordinance. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the publisher, of Notice and Record of Hearing and Certificate to amend the Current Budget to increase expenditures in the Rec- reation Fund from $515.770 to $520,994, presented and read. Councilman Meyers moved that the proof of publication be re- Councilman Meyers moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Councilman Bitter- Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman ele- doo Leo F. Frommelt It. 314 Cltv Clerk Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden hauer, Pregler. Nays-None. Regular Session, March I, 1971 100 Regular Session, March 1, 1971 101 Petition of Muscular Dystrophy Associations of American request- ing permission to conduct a "sham- rocks for Dystrophy" tag day on March 17th, presented and read. Councilman Meyers moved approv- al of the petition and referred same to the Manager for implemen- tation. Seconded by Mayor Couch- man. Carried by the fOllowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Dubuque Sym¡>hony Orchestra Auxiliary requesting the Council to proclaim the ticket sub- scription period of March 4th tl> 25th as "Dubuque Symphony Or- chestra Time", presented and read. Councilman Meyers moved that the petition be referred to the Mayor. Seconded by Councilman Bitter. Carried by the following vote: I Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Carried hy the following vote: Yeas - Mayor Couchman, Coun- cilmen, Bitter, Meyers, Molden- hauer, Pregler. Nays - None. ORDINANCE NO. 12.71 AN ORDINANCE AMENDING ORDINANCE NO. 3-34 KNOWN AS THE "ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA" BY ENACTING A SUBSECTION (m) TO SECTION 2 OF ARTI- CLE lV, TO PERMIT MOBILE HOME PARKS UNDER CER- TAIN SPECIFIED CONDITIONS, Presented and read. Councilman Bitter moved that the reading just had be consid- ered the first reading of the Ordi- nance. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couchman. Carried by the fol- lowing vote: Y"as - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Bitter moved that a public hearing be held on the Or- dinance on April 5, 1971 at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and that the City Clerk he instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of D.U.V. Mary Agard Tent #35 requesting permission to conduct tag days on September 17th and 18th, presented and read. Councilman Pregler moved approv- al of the petition and that same be referred to the Manager. Sec- onded by Councilman Bitter. Car. ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. February 25, 1971 Hon. Mayor and Council Members The City Planning and Zoning Commision has held a public hearing on a proposal to amend the zoning ordinance to permit mo- bile home parks in the Multiple Residence District. The proposal establishes two (2) conditions that must be met: 1. The site shall contain a mini- mum of ten (10) acres of conti- nuous property; 2. The plan shall meet the re- quirements of the Mobile Home Park Development Policy. The requirement of ten (10) ac. res as a minimum established to encourage a development of mo- bile home parks with at least fifty (50) units so that community facili- ties, for the occupants and manage- ment of the park, will be economi- cally feasible. The Commission has adopted, as policy, a set of dev<~opment stan- dards for mobile home parks. It is the intent that this policy will be- come a pari of an ordinance for mobile home parks which the Com. mission is developing, however, hy using it as policy, initially, the Commission can develop some ex- perience in working with the pro- visions before it is presented in ordinance form. The Commission is submitting the proposed ordinance permitting mobile home parks in the Multiple Residence District at this time to accommodate the development of the area recently annexed to the City and located in Table Mound Township. It is the intent that the development that would be permit- ted by this proposal would be in conformance with the proposed zo- ning ordinance which the Commis- sion and Co'mcil have under con- sideration at the present time. It is the recommendation of the Com- mission that the Council adopt the amendment to the ordinance and also adopt ti:e Development Stan- dards as policy. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved ap- proval of the recommendation and referred for proper proceedings. Seconded by Councilman Bitter.. is the Commission's recommenda- tion that the right-of-way be va- cated and that the property be made available for private use subject to any necessary utilit) easements. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Moldenhauer moved that the recommendation be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of the Salvation Army of Dubuque requesting designation of month of March as "Salvation Army Month In Dubuque", pre- sented and read. Mayor Couchman granted request and designated March as Salvation Army Month in Dubuque. Seconded hy Councilman Moldenhauer. Carried by tbe fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of Duboqne Connty March of DimeB requestin~ per- mission to eonduet a "Walk-a- Thou" on April 24, 1971, presented and read. Mayor Couchman moved that the petition he referred to the Manager. Seeonded by Councilman Bitter. Carried hy the following vote: Yeas - Mayor Couchman. Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of L. G. Sehaffert re- questing a refund of $25. on the unexpired portion of cigarette li- cense No. 4(}, as he has discontin- ued business on :1-20-71, present- ed and read. Councilman Meyers moved that the refund be granted and the Auditor instructed to is- sue proJ>er warrant. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Petition of The Finley Hospital requesting partial vacation and sale of an alley 20' wide 284'-9" long adjoining certain lots In Fin- ley Home Addition, having the approval of the abutting property owners, presented and read. Coun- cilman Moldenhauer moved that the petition be referred to the Manager. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. February 25. 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a pro- posal to vacate an alley lying north of Lots 26 through 31 in "Finley Home Addition." The Commission has found that all abutting property owners have joined in the petition, that the al- ley is not being nsed for access to abutting properties or for through traffic, and that there are no mu- nicipal utilities located within the right-of-way. The Commission can see no present or future public need for the right-of-way or land area. It """ fore prepared, be and the same is hereby approved. Passed, adopted and approved this 1st day of March 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner 102 Regular Session, March 1, 1971 103 Petition of L. G. Schaffert re- questing a refund of $150. on the unexpired portion of beer license No. 110, as he has discontinued business on 2-20-71, presented and read. Councilman Meyers moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Petition of Carl Hirsch request- ing a refund of $150. on the un- expired portion of Class B Beer license No.2, as he has discontin- ued business on 2-22-71, presented and read. Councilman Meyers moved that the petition be granted and the Auditor instructed to is- sue proper warrant. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 62.71 A Resolution epproving the City of Dubuque, Iowa, 1970 Street Finance Report. WHEREAS, a distrihution of ex- penditures and receipts of the City of Duhuque for "MUNICIPAL STREET AND PARKING" for the fiscal year from January 1, 1970, to December 31, 1970, has been duly prepared in accordance with Chapter 312 of the 1966 Code of Iowa, as amended, and submitted to the City Council for approval: and WHEREAS, this Council has eX- amined the distribution of receipts and expenditures of the City of Dubuque, Iowa, for Municipal Streets and Parking, wherein the receipts and expenditures for the fiscal year are shown. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the distribution of receipts and expenditures designated "Of- ficial Report of Municipality for Municipal Streets and Parking" for the year 1970 known as the Street Finance Report. as hereto- '~'" "' Regular Session, March 1, 1971 Councilman Moldenhauer moved approval of the recommendation. Seconded by Mayor Couchman. Carried by the fallowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 63.71 AUTHORIZING THE EXECUTION OF DEMOLITION CONTRACT NO. 1-71 FOR THE DOWNTOWN UR- BAN RENEWAL PROJECT, IOWA R-I5 WHEREAS, under date of Feb- I ruary 1, 1971, the City Council of the City of Dubuque authorized receiving of proposals for the de- molition and site clearance of cer- tain parcels of real estate in the Downtown Urban Renewal Project, Iowa R-15: and WHEREAS, an Invitation for Bids for the said work was pub- lished on February 2, 1971, and February 9, 1971 in the Telegraph- Herald, a newspaper of general circulation in Dubuque, Iowa: and WHEREAS, an Invitation for Bids was mailed on February 2, 1971 to various contractors: and WHEREAS, five sealed proposals :;~~~ ~c~~:e~t;~~~~ i~ngO:~:i~ I Chambers at 10:00 A.M., February 19, 1971: and WHEREAS, it has been deter- mined that the awarding of De- molition Contract No. 1-71 to the lowest bidder is in the best inter- ests of the City of Dubuque in undertaking the Downtown Urban Renewal Project, Iowa R-15: now therefore BE IT RESOLVED by the Coun- cil of the City of Dubuque, Iowa: Section 1. That Demolition Con- tract No. 1-71 for Demolition and Site Clearance of certain parcels of real estate in the Downtown Ur- ban Renewal Project, Iowa R-15, be awarded to the lowest bidder, H. & R. Wrecking Company of Greeley, Iowa, at a cost not to ex- ceed $32,000.00. I Section 2. That the City Manager be and he is hereby authorized and directed to execute the afore- mentioned contract on behalf of the City of Dubuque for the com- plete performance of the work. Passed, approved and adopted this 1st day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adopt- ion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Proof of Publication, certified to by the Publisher, of Invitation for bids, Demolition Contract No. 1- 71, for demolition of buildings and structures and Site Clearance for the Downtown Urban Renewal Pro- ject, Iowa R-15, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamher at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded hy Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petitions of Walter T. & Geneva M. Block requesting annexation of N. 70' of Lot 170 and N. 70' of Lot 169 of Belmont Addn. in Julien Township: Anthony 1. Besler re- questing annexation of Lot I of George Nigg Subdivision: Mrs. Al- fred W. Rehfeldt requesting an- nexation of W. 13' of Lot 7, Lots 8, 9 and 10 Fischer's Subdivision; Eleanor Bowden requesting annex- ation of Lot 2 of Bowden Place, presented and read. Councilman Meyers moved approval of the pe- titions. Seconded by Mayor Couch- man. Carried by the following vote: Yeas - Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. February 25, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a pro- posal to voluntarily annex prop- erty lying north of Davis Avenue. The Commission has found that the property Is contiguous to the present corporate limits and that municipal services can be provided to the area. The General Development Plan for the City of Dubuque proposes that this area be annexed to the city as a part of the overall an- nexation program. It Is the recommendation of the Commission that the Council ac- cept the proposed voluntary an- nexation. February Z6, 1971 Honorable Mayor and Members of City Council Pursuant to your instructions sealed bids were received February 19, for Demolition Contract No. 1-71. The lowest bid submitted by H. & R. Wrecking Company of Greeley, Iowa, is 55.2% below the estimate. A tabulation of the bids received and the estimate for the work to be done is attached here- to. It is recommended that Demoli- tion Contract No. 1-71 be awarded to the lowest bidder. Yours very truly, Gilbert D. Chavenelle City Manager 104 Regular Session, March 1, 1971 Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Couch- man. Carried hy the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION A'INEXING CERTAI"I TERRITORY NO. 64-71 WHEREAS, the owners of an area approximately 3.2 Acres in size Imm~diately adjoining the northerly city limits of the City of Dubuque, Iowa now voluntarily petition the City Council for an- nexation of their property to the City of Dubuque, Iowa. WHEREAS, the inhabitants of slid territory will be enabled to secure the benefits of city govern- ment in the way of police and fire protection if said territory is in- corporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to seeure water, and other municipal services if territory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS. Section 362.30 code of Iowa, 1962, authorizes the exten- sion of city limits in situations of this character by the adontion of a resolution therefore; and WHEREAS, the future growth. develonment. and preservation of the public health of the City of Dubuoue, Iowa, makes it impera- tive that said territory be made a par'. of the City of Dubuque, Iowa; aIIfI NOW therefore. be It resolved by the City Council of the CIty of Dubuque. Iowa. that the territorial limits of the City of Dubnque, Iowa he and they are hereby ex- tended to include the area com- prising the fallowing described real estate: N.70' of Lot 170 of Belmont Addition. N 70' of Lot 169 of Belmont Addition. Lot 1 of George Nigg's Subdivision. W. 13' of Lot 7 of Fischers Subdivision. Lot 8 of Fischers Subdivision. Lot 9 of Fischers Subdivision, Lot 10 of Fiscbers Subdivision. and Lot 2 of Bowden Place: all in J'¡lien Township, Dubuque County, Iowa according to the recorded plat thereof: The property to be annexed is as shown on the plat marked Ex- hibit "A" attached hereto, and hy this reference made apart hereof, the boundaries of said area being outlined in red thereon. The territory hereby annexed shall become and be part of the Fourteenth Voting Precinct of the City of Dubuque, Iowa. Passed, adopted, and approved this 1st day of March. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhaner moved adoption of the resolution. Sec- onded by Councilman Meyers. Car- ried hy the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er. Pregler. Nays-None. RESOLUTION NO. 65-71 BE IT RESOLVED by the City Council o~ the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Carl Hirsch, 532 East 22nd Street, (Transfer from 600 Central Ave.) J. F. Thompson, 2119 Rhomberg Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 1st day of March, 1971. Gaylord M. Couchman Mayor Waiter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded Regular Session, March 1, 1971 105 by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 66-71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "BH BEER PERMIT Kenneth Jerome Love, 802 Central Avenue )Irs. Adele Fens, 210 West 1st Street Bridge Restaurant & Lounge, Inc., 31-35 Locust Street D. B. Q., Inc., 4th & Locust Street Dennis A. Althaus, 1575 Central Avenue Donald M. Love, 600 Central Ave. Lawrence Schwartz, 500 Rhomberg Avenue Florance Theodore Deutsch, 45 West 13th Street Fischer & Company, Inc., 880 L0- cust Street The Apartments, Ltd., 555 Kenne- dy Mall I CLASS "CH BEER PERMIT Earl Schumacher, 22nd & Central Avenue Earl Schumacher, 2850 Burlington Street Lucky Stores, Inc. #204, 3049 As- bury Street Lucky Stores, Inc. #130, 1800 Elm Street Lucky Stores, Inc. #144, 3033 As- bury Street J. F. Thompson, 2119 Rhomberg Avenue Passed, adopted and approved this 1st day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 67.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS HS" BEER PERMIT Kenneth Jerome Love, 802 Central Avenue Mrs. Adele Fens, 210 West 1st Street Bridge Restaurant & Lounge, Inc., 31-35 Locust Street D. B. Q., Inc., 4th & Locust Street Dennis A. Althaus, 1575 Central Avenue Donald M. Love, 600 Central Ave- nue Lawrence Schwartz, 500 Rhomberg Avenue Florance Theodore Deutsche, 45 West 13th Street Fischer & Company, Inc., 880 L0- cust Street The Apartments, Ltd., 555 Kenne- dy Mall CLASS "C" BEER PERMIT Earl Schumacher, 22nd & Central Avenue Earl Schumacher, 2850 Burlington Street Lucky Stores, Inc. #204, 3049 As- bury Street Lucky Stores, Inc. #130, 1800 Elm Street Lucky Stores, Inc. #144, 3033 As- bury Street J. F. Thompson, 2119 Rhomberg Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. 106 Regular Session, March 1, 1971 Passed, adopted and approved this 1st day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 68.71 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT-CHAPTER 123-as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Donald M. Love, 600 Central Ave- nue (Transfer from 150 West 6th Street effective March 29, 1971) Fraternal Order of Eagles #568, 1175 Century Drive The Apartments, Ltd., 555 Kenne- dy Mall Passed, adopted and approved this 1st day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 69.71 WHEREAS, applications for Liq- uor Permits have been filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLAS~ "C" COMMERCIAL ESTABLISHMENT Donald M. Love, 600 Central Ave- nue (Transfer from 250 West 6th Street effective March 29, 1971) Fraternal Order of Eagles #568, 175 Century Drive The Apartments, Ltd., 555 Ken- nedy Mall Passed, adopted and approved this 1st day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Mayor Couchman moved that the City Manager he granted au- thority to sign a Contract for En- gineering Services for and in con- sideration of mutual covenants be- tween the City of Dubuque and Bartels, McMahan, LeMay, Haas and Baule Engineering Company for extensions to the present City interceptor sewer, south of the City. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Regular Session, March 1, 1971 There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Leo F. Frommelt City Clerk 107 Approved ....................................1971 Adopted ......................................1971 .......................................................... .......................................................... .......................................................... .......................................................... .......................................................... Councilmen Attest """""'-""ëitÿ..c¡;;¡;"""""'" lOB Special Session, March 8, 1971 CITY COUNCIL OFFICIAL Special Session, March 8, 1971. Council met at 7:30 P.M. (C.S.T.) Present - Mayor Couchman, Councilmen Bitter, Meyers, Mol- denhauer, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is called to consider sup. plemental budget amendments and discussion of Phase II of the Main Street Pedestrianway, and acting upon such other business as may properly come before a regular meeting of the City Coun- cil. Communication of C h a rl e s Schneider of 2196". White Street, objecting to conditions of streets, icy sidewalks, traffic sigu in front of his place, piling of snow against the curb during plowing opera- tions, and a host of other items, presented and read. Councilman Bitter moved that the communi- cation be received and filed and that the City Manager and Clerk visit Mr. Schneider. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of Kenneth W. Ring objecting to the lack of en- forcement of the present zoning laws, as it now stands anyone so desiring may start any type of business in their homes, causing depreciation of residential prop- erty, presented and read. Council- man Pregler moved that the com- munication be received and filed and referred to the Manager. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. March 4, 1971 To the Honorahle Mayor and City Council I herewith submit the reports of the Water Superintendent, City Auditor and Health Department for the month of January 1971; as well as a list of claims paid. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. March 4, 1971 Hon. Mayor and City Council On July 3, 1969, notice of claim against the City of Dubuque, Iowa was filed on behalf of Mrs. Regina Susan Ahern, of 475 West Third Street, this city, and alleging there- in that said Mrs. Ahern had sus- tained personal injuries on June 9, 1969 on a city sidewalk in front of the premises at 315 Bluff Street and that said personal injuries in- cluded injury to her right elbow and right knee but that her full medical condition was not then known, and this matter was re- ferred to the writer. I have made an investigation of this matter and have reviewed the medical bills and doctor's report and claimant through her attorney has made an offer of settlement of this claim in the amount of $500.00, and it is the recommenda- tion of the City Attorney that said offer of settlement be accepted and that the City Auditor be in- structed to draw a warrant pay- able to Mrs. Regina Susan Ahern and transmit the same to the City Attorney for delivery upon re- ceipt of duly executed releases. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Notice of claim of All Points Ca- ble Inc., in the amount of $5,292.20 for material furnished the United Electric Co. in the construction of the Sewage Treatroent Plant, pre- Special Session, March 8, 1971 109 sented and read. Councilman Mol- denhauer moved that the notice of claim be referred to the City S0- licitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler- Nays-None. Notice of claim of Fred Neyens, in the amount of $67.82, for car damage incurred as the result of striking a chuckhole in the street at 3235 Kaufmann Ave. on Febru- ary 28, 1971, presented and read. Councilman Moldenhauer moved that the notice of claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Pregler. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. I Notice of claim of Mrs. Agnese L. Jaeger, in the amount of $795.34, for personal injuries reo ceived in a fall in the street due to icy conditions, at the corner of 10th & Iowa on January 15. 1971, presented and read. Councilman Moldenhauer moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of claim of Gerald Your- ell, in an unnamed amount, for car damage incurred as the result of striking chuckholes in the street, on 32nd Street between Wildwood Drive and Central Ave. on February 20, 1971, presented and read. Councilman Moldenhau- er moved that the notice of claim be referred to the City Solicitor I for investigation and report. Sec- onded by Councilman Pregler. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of Claim of Kenneth M. Roeth of 2020 Key Largo Drive, in the amount of $442.49 for proper- ty damage incurred as the result of water drain and sewer back-up during various storms since July 1969, presented and read. Coun- cilman Moldenhauer moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Steven P. Schultz re- questing permission to paint house numbers on curbs, remuneration to be considered a donation to help finance education for a group of students, presented and read. Councilmen Moldenhauer moved that the petition be referred to the City Manager for implementa- tion. Seconded by Mayor Couch- man. Carried by the following vote: Yeas - Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Dubuque Insulation and Siding Co. Inc. requesting per- mission to install a canopy over the sidewalk at 2498 Central Ave. at Del's TV Service, 21'x9' projec- tion, presented and read. Council- man Pregler moved that the peti- tion be referred to the Manager and staff for investigation and recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of V.F.W. requesting permission to conduct a poppy sale on May 21st and 22nd, 1971, pre- sented and read. Mayor Couchman moved that the petition be granted and referred to the Manager. Sec- onded by Councilman Pregler. Car- ried by the fallowing vote: Yeas - Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Louis Buechel, reo questing permission to excavate in the streets and alleys of the City, presented and read. Councilman Pregler moved that the petition be 110 Special Session, March 8, 1971 granted. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of A-I Plumbing, Cool- ing and Heating Co. requesting permission to excavate in the street at 1905 Asbury, due to blockage of a sewer, presented and read. Councilman Pregler moved that the petition be approved sub- ject to approval of the Engineer- ing Department. Seconded hy Ma- yor Couchman. Carried hy the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Vincent Conrad re- questing a refund of $25.00 on the unexpired portion of cigarette li- cense No. 178, as he has discon- I tinued husiness on Fehruary 23, 1971, presented and read. Council- man Meyers moved that the peti- tion be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Communication of Board of Dock Comissioners suhmitting a resolu- tion adopted at their meeting of March 4, 1971, being in agreement with the basic philosophy of the proposed Upper Mississippi River National Recreation Area Plan, presented and read. Councilman Pregler moved that the communi- cation lie on table until the next meeting of the Council. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Dock Board Resolution No. 34- 71 agreeing with the proposed Up- per Mississippi River National Rec- reation Area Plan and requesting the Council for favorable action and the adoption of a concurrent resolution, presented and read. Councilman Pregler moved that """ the resolution lie on table until the next meeting of the Council. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas - Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays-None. RESOLUTION NO. 70-71 Declaring to be in agreement with the basic philosophy in the proposed establishment of the Up- per Mississippi River ational Recre- ation Area and directing that a copy of the resolution be presented to the Water Resources Association, presented and read. Councilman Pregler moved that the resolution lie on table until the next meeting of the Council. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of Department of Urban Renewal advising of the presentation of the design plan for Phase n of the Main Street Pedestrianway, Town Clock Plaza, and submitting a proposed pedes- trianway schedule, presented and read. Councilman Pregler moved that the rules he suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Mr. Charles Mosher, senior de- sign consultant of the Chicago firm of Barton-Aschman & Associates, stated that phase n would cost about $503,000 to extend from Seventh to Fifth Street and along Sixth Street east and west of Main to the alleys. The final phase would include a pavilion at Sixth and Main similar to the one on Eighth Street and a large sunken area at Fifth and Main to be called the "Place d' Histoire" which would include sculptured forms with information about the City's history and landmarks. Mr. James Bates consulting engineer of the Special Session, March 8, 1971 111 Chicago firm, in response to a pos- sible wait a year period, stated that in his opinion that by going ahead with the project now would be of more help in attracting ma- jor developers than all the prom- ises in the world once they are in. Robert Justmann posed the ques- tion why all the Terrazzo, more sod is wanted. Mr. Joe Paradiso, fi1led with mixed emotions in the beginning of the Downtown Ur- ban Renewal indicated a change of heart for the eventual completion and great benefit to the City. Mayor Couchman moved to con- cur with the proposed Pedestrian- way Schedule for Phase n as pre- sented by the Department of Ur- ban Renewal. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas - Mayor Couchman. Coun- cilmen Bitter, Meyers, Pregler. Nays-Councilman Moldenhauer. March 5, 1971 To the Honorable Mayor and City Council I have investigated the balances of the several funds and accounts, calculated the salary and wage ex- pense for 1971, determined the cost of programs and materials budgeted in 1970 which must be carried into 1971, and have casted several items which require addi- tional financing such as "twice per week refuse collection." I have requested that ordinances and resolutions be drawn cover- ing all these transactions. I In order that you may he aware of the financial detail involved, I submit the following: Table 1. Requested Supplemental Appropriations to 1971 Budget for salary and wage adjust- ments. Table n. Requested Supplemen- tal Appropriation to 1971 Bud- get Incomplete Commitments Budgeted in 1970. Table ill. Summary, Requested Supplementary Appropriation. The tables indicate the intent and purpose of the proposed ordi- nance and resolution. On the last page of Table ill, I have indicated the fund transfers required to fi- nance the requested supplemental appropriations. The information is stated in terms of funds and the 1970 bud- get accounts; however, it is in- tended to adjust the 1971 budget by converting the information into the appropriate programs, subpro- grams and activities. The ordinance for increasing the budget appropriations must be set down for public hearing- The res- olution requesting fund transfers may be passed at the Council meeting at which they are pre- sented. I recommend to you the pro- posed ordinance and resolution. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed, and the recommenda- tion approved. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION AND APPLICATION FOR APPROVAL OF THE PERMANENT TRANSFER OF FUNDS RESOLUTION No. 71.71 WHEREAS, there is now in the hands of the treasurer the sum of $20,870.00, credited to the GENE- RAL fund, and WHEREAS, it is desired to trans- fer $20,870.00 from the GENERAL Fond to the Follo\ving Fonds for the following reasons: MUNlCIP AL ENTERPRISE LI- BRARY FUND $2,878.00 to provide for additional wage increases; RECREATION PARK FUND $8,651.00 to provide for additional wage increases and for damage costs resulting from the 1969 Sum- mer Rains; DEBT SERVICE FUND $9,341.00 to provide for 1970 Tax Collection Deficiency in the Debt Service Fund. and WHEREAS, said transfer is to be permanent in accordance with Section 24.22, Code of Iowa; and WHEREAS, there is sufficient money in the GENERAL fund to meet all demands thereon, and WHEREAS, all laws relating to municipalities have been complied with, NOW THEREFORE, be it re- solved by the City Council of Du- 112 Special Session, March 8, 1971 buque of Dubuque Co"nty, Iowa, subject to the approval of the State Comptroller, that said sum of $20,870.00 be, and the same is hereby transferred from the GE- NERAL fund to the Muuicipal En- terprise Library, Recreation Park, Debt Service funds and the AUDI- TOR is directed to correct his books accordingly and to notify the treasurer of this transfer, ac- companying the notification with a copy of this resolution and the record of its adoption. The vote thereon was as follows: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Gaylord M. Couchman (presiding officer) Leo F. Frommelt (Secretarial officer) I hereby certify the above to be a true and correct copy of resolu- tion passed by the City Conncil on the 8th day of March, A.D. 1971. Leo F. Frommelt (Secretarial cfficer) APPROVAL The above application and reso- lution having been filed with the State Comptroller, the $11,529.00 transfer requested is approved this 15 day of March, 1971. Maurice E. Baringer State Comptroller Chairman State Appeal Board By Francis R. Larew Application for approval of trans- fer of Debt Service Fund $9,341.00 to provide for 1970 Tax Collection Deficiency in the Debt Service Fund was denied by the State Comptroller. Councllman Pregler moved adop- tion of the resolution in original form. Seconded by Councilman Me- yers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - none. ORDINANCE No. 13-71 AN I'RDINANCE AMENDING THE BUDGET AS APPROVED BY ORDINANCE No. 1.71 AND ORDINANCr; No. 10-71. presented and read. Councilman Bitter moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden hauer, Pregler. Nays-None. Councilman Bitter moved that a public hearing be held on the Or- dinance on April 5, 1971, at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitters, Meyers, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 72.71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigaret- tes within the City of Dubuque, Iowa, be granted a perdt to sell Cigarettes and Cigarette Papers within said City. Betty Patrum, 555 Kennedy Mall. BE IT FURTHER RESOLVED that the bonds filed with the app- lication be approved. Passed, adopted and approved this 8th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Special Session, March 8, 1971 RESOLUTION NO. 73.71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Aristo Food of Iowa, Inc., 1111 Dodge Street I Leonette McLaughlin, 2222 Central Avenue CLASS "c" BEER PERMIT William J. B. White, 1993 Asbury Street Passed, adopted and approved this 8th day of March, 1971- Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen 113 CLASS "c" BEER PERMIT William J. B. White, 1993 Asbury Street BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 8th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Prgeler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 75.71 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 tbe compliance with the terms of the ordinances of the City. CLASS "c" BEER PERMIT Phillip T. Langas, 1105 Loras Blvd. Passed, adopted and approved this 8th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moidenhauer Donald R. Meyers Joseph J. Bitter Councilmen RESOLUTION NO. 74-71 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 Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the fallowing named ap- plicants a Beer Permit. CLASS "B" BEER PERMIT I Aristo Foods of Iowa, 1111 Dodge Street Leonette McLaughlin. 2222 Central Avenue Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the fallowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. 114 Special Session, March 8, 1971 RESOLUTION NO. 76-71 WHEREAS, applications for Beer I Permits here filed by the within Approved ....................................1971 named applicants and they have received the approval of this Coun- I cil; and Adopted ......................................1971 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 hands: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Phillip T. Langas, 1105 Loras Blvd. BE IT FURTHER RESOLVED that the bond filed by such appli- cants be and the same are hereby ap;::::: adopted and approved I Attest: ........:......................................... this 8th day of March, 1971. Ctty Clerk 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 hy Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. There heing no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Leo F. Frommelt City Clerk ........................".................................. Councilmen Special Session, March 15, 1971 115 CITY COUNCIL OFFICIAL Special Session, March 15, 1971. Council met at 7:30 P.M. (C.5.T.) Present-Mayor Couch",an, Coun. cilmen Bitter, Meyers, Moldenheu. ar, Pregler. City Menager Gilbert D. Chavenen.. Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is called for the purpose OF CON. DUCTING PUBLIC HEARINGS ON THE REZONING OF VARIOUS PROPERTIES and acting upon such other business as may properly come before a regular meeting of the Council. Mayor Couchman announced I with great pride that Captain Thomas R. Rettenmeier of the Police Department was awarded the Chamber of Commerce Dis- tinguished Service Award, for out- standing community service. Communication of Verlan Klein- schrodt posing some questions rela- tive to the proposed curfew law, presented and read. Councilman Bitter moved that the communica- tion be received and filed. Second- ed by Councilman Meyers. Carried by the fallowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of Donna Sheean I presenting her views on a curfew and wondering how effective a curfew would be, presented and read. Councilman Bitter moved that the communication be receiv- ed and filed. Seconded by Council- man Meyers. Carried by the follow- ing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. March 9, 1971 To the Honorable Mayor and City Council I herewith submit the report of the City Treasurer for the month of January 1971. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the report be received and filed. Seconded by Councilman Meyers. Carried by the foilowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None- March 8, 1971 To the Honorable Mayor and City Council A request has been received for the improvement of the street lighting on Alta Vista between Uni- versity and Rose Streets. It is recommended that a 175 watt mercury vapor light be placed on Alta Vista about 100 feet north- erly from University Avenue. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Car. ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. March 12, 1971 Honorable Mayor and Members of the City Council Gentlemen: This is to advise that I have ap- proved the following Sidewalk bond continuation certificates and desire to have your approval on same. Conlon Construction Co., Bond No. 92-983721 Maryland Casualty Co. Cyril Hanten, Bond No. LP 196, Midwestern Casualty & Surety Company Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Bitter moved filing approval subject to approval of the City Attorney. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. March II, 1971 Hon. Mayor and City Council On January 25, 1971, Mrs. A. R. (Harriet) Olson of Waukee, Iowa filed claim against the City of Du- buque, Iowa claiming therein that Special Session, March 15, 1971 117 Special Session, March 15, 1971 116 k~t..,~;,?:",Mr~D~~el"Clrya'~f ~~ buQ,e. Iowa. Beef'" 2. Thot the f" ego I " g Ame"dmoo' ha, hmlof"e bee" ap- ",ved by Ihe PI,"",", aM Z,"'", Comml",," of Ihe Cltv of D,b'Q,e. Iowa. 15¡;'a'J~' 01'~~~å,~ 1;I\.edOPled th" GaYI"d M. C,"chme" Mayo, Waite, A. P,eg'e, Wavoe A. Molde"h.,", Do,,'d R. Meven J"eoh J. Bllte' C",,"cllme" ATTEST, Leo F. F"mmelt Crtv Cle'" Publl,hed officially'" The Tele- QtaPh-Hmld New..a... thl, 18th day of MaIOh 1971-. Leo F. F"mmelt 11. 3118 Cltv Cle,' Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to amend the Zonin~ Map and Zoning Ordinance No. 3- 34 so as to change from Local Business B to Business District Classification the following de- scribed real estate; That part of Lot 1 of 1 of I of I of 3 of M.L. 63, described by a line commenc- ing at a point on the east line of Bryant street fifty feet northerlv from the intersection of the north curb line of Curtis Street extended and the east line of Brvant street thence southeasterly 160' along a line from the point of beginnin~ to the southeast corner of Lot 1 of 1 of 1 of 1 of 3 of M. L. 63, thence easterly to the west line of Lot 13 of Bush's Sub. at a point 30' south of the northwest corner of Lot 13 of Bush's Sub. thence northerly along the easterly line of Lot 1 of 1 of I of 1 of 3 of M. 1. 63 to the northeast corner of said Lot, thence westerly along the northerly line of said Lot to the east right of way line of Bryant Street, thence south along the east right-of-way line of Bryant Street to the point of beginning all in city of Dubuque, Iowa, presented and read. I No written objections were filed and no oral objectors Were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. 9.71 An Ordinance Amending and Changing Ordinance No. 3-34 known as tho "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change cartain property hereinafter de- scribed from "Loca' Business B" District Classification for "Busi- ness District" classification, (Geiger property) said Ordinance having been previously present- ad and road at the Council meet. ing of February 15, 1971, p.... sentad for Final Adoption. by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- re, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to amend the Zon- ing Map and Zoning Ordinance No. 3-34 so as to change Lot 2 of McDaniel's Park Hill Subdivision in the City of Dubuque, Iowa, from Single Family Residence District Classification to Multiple Resi- dence District Classification, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. she suffered personal injuries, said injuries consisting of broken wrist and bruised shoulder, and further she damaged her hose and shoes, on Septemher 7, 1970 while walking down stone steps leading from the parking lot to the New Log Cabin, and said claim stated no specific amount of damages. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported to this office by letter on March 10, 1971 of no liability on the part of the City of Dubuque, and in view of the foregoing it is the recommendation of the City Attorney that the claim of Mrs. A. R. (Harriet) Olson be denied. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried hy the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of possible claim of Unit- ed Fire & Casualty Co. and United Life Insurance Co. for contribution of unknown amount of damages to Ethel Gibbons of 2464 Pennsyl- vania Ave. as the result of a fall on an icy sidewalk on February 6, 1971 at Don Sands Tap, presented and read. Councilman Meyers moved that the notice he referred to the City Solicitor for investiga- I tion and report. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of Suit of Ecumenical Housing Inc. in the amount of $54,033.00 as the result of a fire on November 27, 1970 in their apartment building at 2651 Owen Court, claiming negligence on the part of the City as to inspection and method of installing of gas and electrical equipment, present- ed and read. Councilman Meyers moved that the notice of Suit be referred to the City Attorney for investigation and report. Seconded ORDINANCE NO. 8.71 An Ordinance Amending and Changing Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuqua, Iowa" so as to change certain property hereinefter de- scribed from "Single Family Residence District" Classification to "Multiple Residence District" Clessificatlon, said Ordinance having been previously present. ed and read at the Council Meet- ing of February 15, 1971, p.... sented for Final Adoption, (Frei. burger property on Davenport Street). OROINANCE NO. 8-71 NOW THEREFORE BE IT OR- OAINED SY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA' sec'" It. 3118 '7"' 118 Special Session, March 15, 1971 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of James A. Pearson, Julian G. Nemmers proposed own- ers, and Adams Realty Corpora- tion as owner requesting rezoning of Lot 2 and Lot 3 of Sidonia Hos- ford's Sub. from Multiple Family Classification to Professional use classIfication, presented and read. Councilman Pregler moved that the petition he referred to the Planning & Zoning Commission for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Thomas Manternach et ux, Lawrence Hefel et us, and Bernard Hefel et ux, requestiM annexation of Lot 1 of 1 of 1 of I of 1 of 1, and Lot 2 of 1 of 1 of M. L. 324. SWV.-NW¥I Sec. 12, Lot 1 N'h-SE¥I-NWV. Sec. 12 and Lot 1 of M. L. 325 all in T. 89 N. R. 2E 5th P. M. presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commission for investieation and report. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Don Arthofer re- questing a refund of $25 on the unexpired portion of cigarette li- cense No. 75, as he has discon- tinued business on February 1, 1971, presented and read. Council- man Pregler moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of notice of time and place of hearing to dispose of Lot 1 of 1 of 1 of Block 5 and Lot 1 of 2 of I of Block 5, Riverfront Subdivision No.3, in the City of Dubuque, Iowa, to Wm. C. Brown Company Publishers, presented and read- No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 77.71 WHEREAS, pursuant to reso- lution of published notice of time and place of hearing published in the Telegraph-Herald, a newspaner of general circulation published in the City of Dubuque. Iowa on Feb- ruary 23, 1971 and March 2, 1971, City Council of Dubuque. Iowa met on the 15th day of March, 1971 at 7:30 P.M. (Central Standard Time) in the City Council Cham- ber, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque to Lot 1 of Lot 1 of Lot 1 of Block 5, and Lot 1 of Lot 2 of Lot 1 of Block 5, in "Riverfront Subdivi- sion No.3" in the city of Dubuque, Iowa, containing approximately 11.17 acres, subject to existing easements to Wm. C. Brown Com- pany Publishers, and, WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to Wm. C. Brown Company Publishers: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of interest of City of Dubuque, Iowa, in real estate to Wm. C. Brown Company Publishers covering the following descrihed real estate, to- wit: Lot 1 of Lot 1 of Lot 1 of Block 5, and Lot 1 of Lot 2 of Lot 1 of Block 5, in "Riverfront Subdivi- Special Session, March 15, 1971 119 sian No.3" in the City of Dubuque, Iowa subject to existing ease- ments, containing approximately 11.17 acres for the purchase price of $5,000.00 per acre, for approxi- mately 11.17 acres, in the total amount of $55,850 be and the same is hereby approved, subject to the following terms and conditions, to- wit: A. That said real estate be sold to Wm. C. Brown Company Pub- lishers for the construction of a new building thereon containing approximately 65,000 square feet. B. That the sale price for said real estate shall be $5,000.00 per acre for 11.17 acres in the total amount of Fifty-five Thousand Ei-ht Hundred and Fifty Dollars ($55,850.00) and the receipt of Five Thousand Five Hundred Eighty-five dollars ($5,585.00) as down payment is herewith ac- .1 knowledged by the City. C. That construction of said plant be commenced within one (1) year of adoption and the pas- sage of this Resolution and shall be completed within two (2) years of delivery of deed, and upon fail- ure so to do by the purchaser. Wm. C. Brown Company Publishers said real estate shall automatically re- vert to the City of Dubuque, Iowa and purchase price, less damages, shall be refunded to the purchas- er. D. That the construction of all buildings, yards, parking lots. fences and ancillary improvements shall be constructed in conform- ance with existing City codes, and manufacturing processes carri.ed 'out in accord with City ordinances. E. That the City of Dubuque, Iowa retains a perpetual easement for existing waterlines. existing sanitary sewer and storm sewer lines and for utilities together with right of ingress and egress to re- pair, inspect and maintain the I same. F. That all utilities and services to proposed buildings be connect- ed at buyer's expense. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver deed of conveyance to Wm. C. Brown Com- pany Publishers upon receipt of the purchase price of $55,850. Section 3. That the City Clerk be and he is hereby authorized, and directed to record a certÜied copy of this Resolution in the of- fice of the Dubuque County Re- corder. Passed, approved and adopted this 15th day of March, 1971. Gaylord M. Couchman Mayor WaIter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 78.71 Approving disposal of Lot 2 of I of 1 of 1 of 1 of 1 of 1 of I of 2 of 3 of 1 of m.hIand Farm Sub. (former lift station area on Clarence Arlen Farm) subject to a 20' easement with the City re- serving the right to remove exist- ing lift station therefrom. and di- recting the Clerk to publish notice. At the reouest of City Engineer White Councilman Pregler moved that the resolution be referred back to the Engineering den.rt- ment for further study. Seconded by Mavor Couchman. Carried by the following vote: Yeas - Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTIO'" NO. 79.71 ApDrovlnq the Redeslqnation of Redevelopment Area 5 In the Downtown Urban Renewel Prof- ect, Iowa R.15. WHEREAS, the City Council un- der date of September 21, 1970, adopted Resolution No. 313-70 au- thorizing the Mayor to enter into on behalf of the City of Dubuque a Contract for Sale of Land for Private Development with the Mo- 10 Oil Company for Lot 1 of Block 16 in Dubuque Downtown Plaza in the City of Dubuque, Iowa; and WHEREAS. the said parcel of land is included in Redevelopment 120 Special Session, March 15, 1971 Area 5 designated as Central Busi- ness District Retail Area with a primary objective to provide short term parking to serve the retail area; and WHEREAS, it is proposed that the primary and ultimate objective of Redevelopment Area 5 is to provide sites for commercial ser- vices development and for the or- derly expansion of central husi- ness district retail and services uses; and WHEREAS, the approved rede- velopment proposal submitted by the Molo Oil Company for a por- tio" of Redevelopment Area 5 is for a commercial services Use; and WHEREAS, the Dubuque Plan- ning and Zoning Commission un- der date of February 24, 1971, adopted Resolution No. 71-1, a copy of which is attached hereto, and whieh Resolution found and determined that the change in Re- I develfipment Area 3 from a Cen- tral Business District Retail Area to a Commercial Service Area con- forms to the Adopted General Plan for the development of the City of Dubuque, Iowa, as a whole; now therefore BE IT RESOLVED by the Coun- cil of the City of Dubuque, Iowa: Section 1. That that portion of the Downtown Urban Renewal Project, Iowa R-15, designated for redevelopment purposes as Rede- velopment Area 3 be changed from a Central Business District Retail Area to a Commercial Service Area. Passed, approved and adopted this 15th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pre.ler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk RI:SOLUTION NO. 7).1 WHEREAS, on the 16th dav of February, 1967. the Dubuque Plan- ning and Zoning Commission adopted Resolution No.2 which found and determined that the Ur- ban Renewal Plan for the Down- town Urhan Renewal Project, Iowa R-15, conformed to the general plan for the development of the City of Dubuque, Iowa; and WHEREAS, said Urban Renewal Plan made provisions for Redevel- opment Area 5 to he classified in the Central Business District Re- tail Area with a primary objective to provide short term parking to serve the retail core; and WHEREAS, it is proposed that the primary and ultimate objective of Redeve:Jpment Area 5 Is to pro- vide sites for commerctal services development and for the orderly expansion of central business dis- trict retail and service uses; now therefore BE IT RESOLVED by the Du- buque Planning and Zoning Com- mission: Section 1. That based unon a stu- dy of uses to which Redevelopment Area 5 may he put, it Is hereby found and determined that the change in such area from Central Business District Retail to Com- mercial Service Area does con- form to the adopted General PIan for the development of the City of Dubuque, Iowa, as a whole. Passed, adopted and apnroved this 24th day of February, 1971. Frank J. GIab Secretary Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. March 4, 1971 Hon. Mayor and City Council The Board of Dock Commission- ers at its meeting on the 4th day of March, 1971 adopted the at- tached Resolution, evidencing the Board's agreement with the basic philosophy of the Proposed Upper Mississippi River National Recrea- tion Area plan. Your Honorahle Body is respect- fully requested to adopt a similar type Resolution as in their judg- ment the Councilmen concur with the Board's view. This letter is being written for and at the direction of the Board of Dock Commissioners of the City of Dubuque, Iowa. A proposed .. Special Session, March 15, 1971 121 form of Resolution is transmitted herewith for your consideration. BOARD OF DOCK COMMISSIONERS OF THE CITY OF DUBUQUE, IOWA By: J. R. Voelker, Chm. Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. DOCK BOARD RESOLUTION NO. 3471 WHEREAS, the Board of Dock Commissioners of the City of Du- buque, Iowa has generally re- viewed the proposed project known as The Upper Mississippi River National Recreation Area as pro- posed by the Field Task Force, and WHEREAS, the Board of Dock Commissioners of the City of Du- I buque, Iowa are in agreement with the basic philosophy of said Up- per Mississippi River National Rec- reation Area as proposed by the Field Task Force so long as same also recognizes and acknowledges the present and future needs and requirements of the City of Du- buque and its inhabitants as to fu- ture development, economically, industrially and recreationally. NOW THEREFORE BE IT RE- SOLVED by Board of Dock Com- missioners in and for the City of Dubuque, Iowa: Section 1. That the Board of Dock Commissioners of the City of Dubuque, Iowa do and hereby de- clare themselves to be in agree- ment with the basic philosophy as outlined and set forth in the pro- posed Upper Mississippi River Na- tional Recreation area as proposed by the Field Task Force, so long as same is reasonably developed with the consideration in mind as to the reasonable future needs and requirements of the City of Dubuque and its inhabitants as to development, commercially, indus- trially and recreationally- Section 2. That the Chairman be and he is hereby ordered and di- rected to transmit a certified copy hereof together with a letter of transmittal to the City Council of the City of Dubuque, Iowa request- ing their favorable consideration of this Resolution and requesting in their discretion they adopt a concurrent Resolution in order that same may be forwarded to the appropriate agency. Passed, approved and adopted this 4th day of March, 1971. Joe R. Voelker F- J. Schreiber Attest: F. J. Schreiber Councilfi1an Meyers moved that the Resolution be approved and made a matter of record. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. RESOLUTION Ne. 80-71 WHEREAS, the City Council of the City of Dubuque, Iowa has gen- erally reviewed the proposed pro- ject known as The Upper Missis- sippi River National Recreation Area as Proposed by the Field Tack Force, and WHEREAS, the City Council of the City of Dubuque, Iowa is in agreement with the basic philoso- phy of said Upper Mississippi River National Recreation Area as pro- posed by the Field Task Force so long as same also recognizes and acknowledges the present and fu- ture needs and requirements of the City of Dubuque and its in- hahitants as to futore develop- ment, economically, industrially and recreationally, and WHEREAS, it appears to the City Council of the City of Du- buque, Iowa that the Upper Mis- sissippi River National Recreation Area as Proposed by the Field Task Force is consistent with the General Development Plan of the City of Dubuque, Iowa; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the City Council of the City of Dubuque, Iowa does hereby declare itself to be in agreement with the basic philoso- phy as outlined and set forth in the proposed Upper Mississippi 122 Special Session, March 15, 1971 Itiver National Recreation Area as Proposed by the Field Task Force, so long as same is reasonably de- veloped with the consideration in mind as to the reasonable future needs and requirements of the City of Dubuque and its inhabi- I !ants as to development, commer- cially, industrially and recreation- ally. Section 2. That the City Clerk he and he is hereby authorized and directed to transmit a certified copy of the Resolution of the Board of Dock Commissioners of the City of Duhuque, Iowa for pre- sentation to the Water Resources Association. Passed, approved and adopted this 15th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman. Coun. cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays-None. March 15, 1971 To the Honorable Mayor and City Council the State Civil Defense Director On March 13, Albert Maricle. and Disaster Coordinator phoned Ben O'Leary and informed him that "Operation Foresight, 1971" was being initiated and suggested that the City request assistance un- der this program. Operation Foresight, 1971 is similar to the 1969 program where- by the U.S. Corps of Engineers constructed temporary dikes and provided pump installations in or- der to prevent flood disaster. I recommended that you pass a resolution requesting the Federal Government to provide assistance and authorize the City Manager to execute the necessary Assurance Form. I also recommend that you pass a resolution authorizing the City Manager to represent the City in matters of disaster relief undertaken with officials of the State of Iowa. I am enclosing a cOpy of the Assurance Agreement executed in 1969. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded hy Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun, cilmen Bitter, Meyers, Molden- hauer, pregler. Nays-None. RESOLUTION No. 81.71 Resolution Authorizinq Filinq of Assurance Form and Permission to Enter Upon Land Emergency Flood Control Public Law 99, 84th Congress. WHEREAS the City of Dubuque hereby requests the Federal Gov- ernment under the authorization contained in Section 5 of the Flood Control Act approved August 18, 1941, as amended (33 U.S.C. 701n) to provide supplementary assist- ance in performance of protective work required to cope with flood flows predicted for this SpriM. in- cluding the raising, strengthening and extending of City of Dubuque levees hy sandbagging or other temporary means. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Manager of the City of Dubuque, Iowa, Gilbert D. Chavenelle, be and he is hereby authorized to execute the "Assur- ance Form and permission to enter upon land, Emer~ency Flood Con- trol," and is directed to file and sign all necessary documents for the duration of the flood emer- ~ency in a manner satisfactory to the Chief of Enldneers- Pas'ed, adopted and anproved this 15th day of March 1971. Gaylord M. Couchman Mayor Donald R. Meyers Joseph J. Bitter Wayne A. Moldenhauer Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Special Session, March 15, 1971 123 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 82.71 WHEREAS, the flood waters of the Mississippi River threaten to wreak damage upon persons and property in the City of Dubuque, Iowa during March 1971: and WHEREAS, the City of Dubuque, Iowa is undertaking by emergency action to protect the inhabitants of the City of Dubuque, Iowa from such damage; and WHEREAS, the State Civil De- fense Division has been assigned the responsibility for disaster re- lief coordination. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That Gilbert D. Cha- venelle, City Manager, be and he is hereby authorized to represent and act for the City of Dubuque, Iowa in matters of disaster relief undertaken with officials of the State of Iowa. Passed, adopted and approved this 15th day of March 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 83.71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions he granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Mrs. Alice Erschen, 2617 Univer- sity Avenue George Sorenson, 1105 University Avenue Earl R. Ackerman, 200 Main St. Passed, adopted and approved this 15th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 84-71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council: and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Mrs. Alice Erschen, 2617 Univer. sity Avenue George Sorensen, 1105 University Avenue Earl R. Ackerman, 200 Main St. BE IT FURTHER RESOLVED that the bonds filed by such appli. cants be and the same are hereby approved. 124 Spe<:iaI Session, March 15, 1971 Passe<!, adopted and approved this 15th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer D<mald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk COODciIIIJ&l1 Bitter moved adop- tion of the resohrtion. Seco_d by Councilman Meyers. Carried by the following vote: Yeas. - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - N<>ne. RESOLUTIOfI No. 85.71 WHEREAS, applicants for Liquor Permits have heen submitted to this Council for approval and the same h.a.ve been examined, NOW TBEREl'ORE BE IT RE- SOLVEÞ by the City C"""cii of the City of Dubuque, Iowa, that !be following applkations be grallted and liœnses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT-CHAPTER !23-as amended by the SOth, General ABøembly, 1963. CLASS "C" COMMERCIAl!. ESTABLISHMENT George Sorensen, 1105 University Avenue Earl R. Ackerman, 200 Main St. Passed, adOpted and appl'OVed tim, 15th day of March, 1971. GaylOrd 1\1. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers JOseph J. mtter Councilmen Attest: Leo F. Frommel.t City Clerk. Councilman Bitter moved adop- troD- of'the resolution. S"eeomfed hy Councilman Meyers. Carried by the following vote: Ye... - Ma!l'Ol' C:cmcllman. Ccmn- aIDnen miter, Me~, Meld"", !!au..., PTegler. Nays - None. RE5OLUTION No. 86-71 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they h.a.ve received the approval of this COUJICiI, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all city ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Geørge Sorensen, n05 University Avenue Earl R. Ackerman, 200 Main St. Passed, adopted and approved this 15th day of March, 1971. Gaylocl M. Couchman Mayor Walter A. Pregler Wæyne A. Moldenhauer Donald R. Meyers Joseph J. mIter Councilmelt Attest: Leo F. Premmelt C;ty Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen mtter, Meyers, Molden- hauer, Pregler. Nays - None. Mr. Raymond Kasel and Don Ward, members of the Highway Commission were in attendance, along with. Mr. Ferguson of lIen- ningson, Durham and Richardson who spoke on the proposed free- WIlY for the' City. Mr. Richard Fer- gason took charge of showing the various proposed layouts by the use of slides and graphs. Varieua routes. were suggested such as a route through the pres- ent Courthouse, another east of Washington Street. One proposed route was suggested. by cutting across the point area however not in the original plans. Another rente was a posible eut through Special Session, March 15, 1971 land in extreme eastern part of the City through the heavy indus- trial area. Another route suggested would be through Mt. Calvary cemetery. Other features included two routes for bridges across the Mississippi. One route from Six- teenth Street west of Kerper Blvd. and meet the river near the Muni- cipal swimming pool. A south route was shown intersecting high- way No. 52 at the Bellevue Road, running northeast to the river bluffs, south and east of Mt. Car- mel. As to the use of DoMe Street one route wonld call for the level- ling of homes on both sides, the other route would be to level the homes on the south side only. Var- I' ious interchanges were shown be- tween Eighth and Ninth Street at the tracks; between Thirteenth Street and Fourteenth at the tracks; between Seventeenth and Eighteenth at the tracks; near Fourteenth and Sycamore and near Sixteenth and Kerper. Several questions were posed hy Mrs. Edna Thompson. Rev. An- thony Siwarth, Supervisor Louis Barrett, Irvin Behr. Mr. Ferguson went out of his way to stress the fact that all the above is all sub- ject to change and it would prob- ably be close to one year before pIons are somewhat near finalized, and that future public hearings will he held, as the idea of the I freeway progresses. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman. Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Leo F. Frommelt City Clerk 125 Approved ....................................1971 Adopted ......................................1971 ...................................................--.... .....................-.................................... """"""""""""""""'Q;;;;;~ï¡-;;;~~"" Attest: .......................-.......................... City Clerk. Special Session, March 29, 1971 Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of William C. Fuerste, dated March 12, 1971, submitting his resignation as a member of the Dubuque Human Rights Commission, effective im- mediately, presented and read. Councilman Pregler moved that the resignation be accepted with regret and the Mayor be requested to send a letter of appreciation for services rendered. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. 126 CITY COUNCIL I iil OFFICIAL Special Session, March 29, 1971. Council met at 7:30 P.M. (C.S.T.) Present - Mayor Couchman, Councilmen Bitter, Meyers, Mold. enhauer, Pregler. City Manager Gilbert D. Chevenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON. SiDERING EMERGENCY FLOOD PREPARATiONS and acting upon such other business as may prop- erly come before a regular meet- ing of the Council. Communication of Merchants Mu- tual Bonding Co. submitting cer- tificate of Authority from the I Insurance Department of Iowa authorizing them to transact its appropriate Fidelity and Surety Insurance business in the State of Iowa, to April 1, 1972, presented and read. Mayor Couchman moved that the communication and certifi- cate be received and filed. Second- ed by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of Paul J. Hen- kel, showing deep concern as to the loss of the boat loading ramp at the old ice harbor and request- ing a discussion on the replace- ment of the facility, presented and read. Councilman Pregler moved that the communication be referred to the City Manager, City Council and Dock Commission and to get in touch with Mr. Henkel. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays-None. Communication of Low-R e n t Housing Commission submitting minutes of their meeting of March 16, 1971, presented and read. Mayor Couchman moved that the com- munication be received and filed. Seconded by Councilman Pregler. March 17, 1971 To the Honorable Mayor and City Council I herewith submit the reports of the City Auditor and City Trea- surer for the month of February 1971, as well as a list of claims paid. Also report of Health De- partment for February, and Wa- ter Department. Respectfully, Gilbert D. Chavenelle City Manager Mayor Couchman moved that the reports be received and filed. Sec- onded by Councilman Pregler- Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Printed Council proceedings for the month of January 1971 pre- sented for approval. Councilman Bitter moved that the Council pro- ceedings for the month of January 1971 be approved as printed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. March 26, 1971 Hon. Mayor and City Council On February 26, 1971, Joseph F. Miller of 90 North Algona, this city, filed claim against the City of Dubuque, Iowa for damages in the amount of $56.69 as the result 127 Special Session, March 29, 1971 of striking a hole in the street in the 400 block of N. Grandview on February 24, 1971 and thereby damaging a tire and wheel of his auto. This matter was investigated by the City Attorney's office who also checked with the Street Depart- ment and based on the facts and existing law finds there is no ac- tionable negligence by the City of Dubuque and therefore recom- mends that said claim be denied. Original claim is attached here- to. filed claim against the City of Dubuque, Iowa for damages to the tires and wheel rims of his auto on February 28, 1971 in the amount of $67.82 as the result of striking an unbarricaded hole in the street at the corner of Crissy and Kanf- mann after passing two street bar- ricades marking hole in said street. This matter was investigated by the City Attorney's office who also checked with the Street Depart- ment and based on the facts and existing law finds there is no ac- tionable negligence by the City of Dubuque and therefore recom- mends that said claim be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RespectfUlly submitted, R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. March 26, 1971 Hon- Mayor and City Council On February 26, 1971, Michael G. Massey of 2066 Morning View Drive, this city, filed claim against the City of Dubuque, Iowa for damages in the amount of $160.70 as the result of allegedly striking a hole in the street at Wildwood Drive and 32nd Street on February 23, 1971 and thereby damaging two tires and rims. This matter was investigated by the City Attorney's office who also checked with the Street Depart- ment and based on the facts and existing law finds there is no ac- tionable negligence by the City of Dubuque and therefore recom- mends that said claim be denied. Original claim is attached here- ~ I March 26, 1971 Hon. Mayor and City Council On February 22, 1971, John A. Streinz of 763 Alta Vista, this city, filed claim against the City of Dubuque, Iowa for damages in the amount of $60.00 and claiming said damages occurred on February 22, 1971 as the result of striking a hole in the street after going around a barricade at 805 W. 32nd Street on February 20, 1971 and causing two dented wheel rims and two tires to blow. This matter was investigated by the City Attorney's office who also checked with the Street Depart- ment and based on the facts and existing law finds there is no ac- tionable negligence by the City of Dubuque and therefore recom- mends that said claim be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Respectfully submitted, R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. March 26, 1971 Hon. Mayor and City Council On March 1, 1971, Fred Neyens of 570 W. 11th Street, this city, 128 Special Session, March 29, 1971 Notice of claim of Harriet C. Butler, specifying the amount of $1200. for personal injuries re- ceived in a fall on April 2, 1970, said claim filed at the meeting of June 1, 1970, presented and retld. Councilman Pregler moved tbat the notiee be referred to the City Solicitor for investigation and report. Seconded by Councilman Moldenhauer. Carried hy the fol- lowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of claim of Iowa Kemper Insurance Company for personal injuries received in a fall by Jo- Ann Witterholt of Dyersville, Iowa, at 2293 Pearl Street on January 26, 1971, presented and read. Coun- cilman Pregler moved that the notice be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of claim of Kemmerer Alliustroent, representing Grinnell Mutual Reinsurance Co. in behalf of their insured Glen Peter Still- munkes for personal injuries re- ceived by Mrs. Veronica Tscharner, in a car accident on February 6. 1971, presented and read. Council- man Pregler moved that the notice of claim be referred to the Citv Solicitor for investigation and re- port. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas-N"ayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-Nolle. Notice of claim of Robert W. Strub, in the amount of $80.39, for car damage incurred as the result of striking a chuckhole in the street at 1905 Asbury Street on March 12, 1971, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Moldenhauer. Carried hy the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of claim of Kenneth R. Mott of 3522 Keymeer, in the amount of $500. for property dam- age as the result of a sanitary sewer back-up on February 28, 1971, presented and read. Council- man Pregler moved that the no- tice of claim he referred to the City Solicitor for investigation and report. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of claim of John J. Pins, in the amount of $108.25, for car damage incurred as the result of striking a chuckhole in the street in the 700 block on W. 32nd Street on March 13, 1971, presented and read. Councilman Pregler moved that the notice of claim be re- ferred to the City Solicitor for investigation and report. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of claim of Mrs. Edna L. Bechen, in an undetermined amount, for personal injuries re- ceived in a fall in the Town Clock Plaza near the Nesler Center on March 8, 1971, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of Frank E. Oswald, in an undetermined amount, for per- sonal injuries received in a fall on an ice covered sidewalk at 336 Main Street on February 5, 1971, presented and read. Councilman Pregler moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Molden- Special Session, March 29, 1971 129 hauer. Carried by the following vote; Yeas-Mayor Couchman, Coun- cilmell Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Fondell & Sons Inc. requesting permission to excavate at 646 Rush Street to make sewer and water connections, presented and rea d. Councilman Pregler moved approval of the petition. Seconded by Councilman Bitter. Carried by the following vote; Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Northwestern Bell I Telephone Co. requesting permis- sion to extend their underground conduit system from existing man- hole west of Vizaleea to west city limits on Pennsylvania Ave. pre- sented and read. Councilman Preg- ler moved that the petition be granted and the telephone company be urged to follow up cleaning operations on some of last year installations. Seconded by Council- man Bitter. Carried by the fol- lowing vote: Yeas-Mayor Couchman, Coun- cilmen Bìtter, Meyers, Moldenhau- er, Pregler. Nays-None. March 26, 1971 Honorable Mayor and Members of the City Council I concur with the attached rec- ommendation of the Engineers and Water Superintendent and, recom- mend for final approval and ac- ceptance, the Deep Well Pumping Unit installed in No.1 Test Well. The total cost was $5,618.00 as set forth in the contract. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Couchman moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the fallowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. FINAL ESTIMATE RESOLUTION NO. 87-71 WHEREAS, the contract for the construction of TEST WELL NO. 1, PUMP INSTALLATION has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, in- spection, and preparing the as- sessment and plat, now therefore, BE IT RESOLVED, hy the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $5,618.00. That none of the cost thereof shall be assessable upon private property and $5,618.00 shall be paid from the Water Works Gen- eral Fund of the City of Dubuque. Passed, adopted and approved this 29th day of March 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. (A Resolution Accepting Improvement) RESOLUTION NO. 88.71 WHEREAS, the contract for the construction of: Test Well No.1, Pump Installation has been com- pleted and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its aceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby aecepted. BE IT FURTHE1t RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Water Works General Fund on the above de' scribed improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. 130 Special Session, March 29, 1971 passed, adopted and approved this 29th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. March Z6, 1971 I To the Honorable Mayor and City Council I submit to you the Emergency Flood Control plan, Revised, March 1971. City Engineer John White and city staff will review the details of the plan with you. Nec- essary dike construction and pump installations are described in the plan, and the cost of the work estimated. On March Z6th, the plan was presented to representatives of the U.S. Army Corps of Engineers with a request that the Corps undertake dike construction and pump in- stallation. Based on the current forecast of the river flood it was decided to construct dikes required for a 23.5 foot river stage and I install storm water pumps. Mr. Mrs. Robert Gustafson, resident engineer for the Corps, is prepar- ing bids and contracts for the work. The extent of Corps par- ticipation in the program will be known in a few days. Further, it was decided to start dike construc- tion on April 5th. It is prohable that there will be considerable emergency ex- pense other than that paid for by the Corps of Engineers. Conse- quently, I phoned the State Civil Defense Director and the Region 8 Office of Emergency Preparedness. From these sources I learned that Federal Disaster Assistance is de- pendent on the declarations of disaster by both the Governor and the President. Should such declara- tions be made, then the Office of ""... :: Emergency Preparedness will as- sist the city as in 1969. Although there is no certainty that there will be other federal assistance than that given by the Corps of Engineers, I believe that the city is committed to the emer- gency program. If events follow those of 1969, then the Corps' commitment will be about $200,000 and other expense will be $300,000. The following are the alternatives for financing the project. 1) If a disaster is declared, an advance grant will be requested from OEP. This will equal 50-75 percent of the cost. The final grant will cover the entire cost which will not be settled for two years. We will carry a red balance in the account until final settlement. 2) If disaster is not declared, and the city expense is a sizeable amount, application will be made for an interest free loan from the State under SF 796 (62nd G.A.). 3) If a loan cannot be secured from the state, bonds will be sold on the commercial market under Chapter 333 of the Laws of the 62nd G.A. 4) If the amount of the city expense is small, a deficit balance will be carried and taxes levied to pay the amount. 5) In any case we will arrange with a bank to receive our "stamped warrants," which is a permitted method whereby the supplier of material or service is paid by the bank, and the city account plus interest is settled at a later date when financing has been arranged. - ~~ I request your consideration. of a resolution authorizing emergency expenditure and the issuance of warrants for the purpose of ev- idencing indebtedness to various creditors who furnish labor and materials to the city in connection with the emergency program. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Councilman pregler. carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Special Session, March 29, 1971 131 RESOLUTION NO. 89-71 WHEREAS, the flood waters of the Mississippi River threaten to wreak damage on persons and property in the City of Dubuque, Iowa during April 1971; and WHEREAS, the City of Dubuque, Iowa is undertaking by emergency action to protect the inhabitants of the City of Dubuque, Iowa from such damage and will incur ex- pense and indebtedness in connec- tion therewith: NOW THEREFORE BE IT PASSED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the City Man- ager of the City of Dubuque, Iowa is authorized to expend funds for the purpose of emergency flood protection. Section 2. That the issuance of warrants of the City of Dubuque for the purpose of evidencing of indebtedness to the various cred- itors who furnish labor, material and supplies to the City of Du- buque in connection with the work performed to protect against the flood waters of the Mississippi River in the Spring of 1971 be and the same are hereby approved. Section 3. That the City Manager of the City of Dubuque, Iowa be and is hereby ordered and directed to take any action necessary within the framework of the law to finance the payment of said indebtedness. Passed, adopted and approved this 29th day of March 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. March Z6, 1971 Honorable Mayor and Council Members The Planning and ZOning Com- mission has reviewed a final plat of the Subdivision of Lot 2 - 1 and Lot I - 1 of Block 5 in "River Front Subdivision No.3" in the City of Dubuque, Iowa. The Com. mission found that the plat meets the minimum requirements of the Subdivision Ordinance and that it is an appropriate layout for the area. l! is the recommendation of the Planning and ZOning Commission that the plat be approved as sub- mitted. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 91.71 WHEREAS, the Cullen-Schiltz & Associates, P. C., civil engineers, have prepared a plat dated Feb- ruary 17, 1971 subdividing Lot 2 of Lot 1 and Lot 1 of Lot I of Block 5 in River Front Subdivision No.3 in the City of Dubuque, Iowa, and WHEREAS, the City Planning and Zoning Commission has ex- amined said plat and approved the same, and WHEREAS, said plat conforms to the statutes, ordinances and regulations governing and relating to subdivision of real estate; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated February 17, 1971 prepared by Cullen-Schiltz & Associates, P.C., civil engineers, and subdividing the following described real estate, to-wit: Lot 2 of Lot I and Lot I of Lot I of Block 5 in River Front Subdivision No.3 in the City of Dubuque, Iowa be and the same is hereby ap- proved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the 132 Special Session, March 29, 1971 City of Dubuque, Iowa and that herein described the sum of Two the City Clerk cause said plat to Hundred ($200.00) Dollars and that be filed in the office of the Re- the City of Dubuque, Iowa, shall corder in and for Dubuque Conn- pay to Clarence J. Arlen and Dol- ly, Iowa. ores Arlen the sum of $200.00 for Passed, approved and adopted the permanent easement contem. this 29th day of March 1971. plated to be granted to the City of Gaylord M. Couchman Dubuque, Iowa, in and across other Mayor property owned by the said Clar- Walter A. Pregler ence J. Arlen and Dolores Arlen. Wayne A. Moldenhauer NOW THEREFORE BE IT RE- Donald R. Meyers SOLVED BY THE CITY COUNCIL Joseph J. Bitter OF THE CITY OF DUBUQUE, Councilmen IOWA: Section 1. That the disposal to Clarence J. Arlen and Dolores Ar- len of the real estate described as follows, to-wit: Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 3 of Lot 1 of Highland Farm Subdivision in the City of Dubuque, Iowa, subject to reservation therein to the City of Dubuque, Iowa, of a 20-foot permanent easement there- in for the location, repair and maintenanoe of a 12-inch sanitary sewer trunk line and an existing 8-inch sanitary sewer and a 42-inoh storm sewer, the location of which is shown on the attached plat marked Exhibit "A", and by refer- ence made a part hereof, and the City reserves the right to remove the existing lift station therefrom be and the same is hereby ap- proved. Section 2. That the City Clerk be and he is hereby authorized and directed to cause notice of intent to dispose of interest in real estate to be published as is by law re- quired. Passed, adopted and approved this 29th day of March, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION No. 78-71 WHEREAS, Clarence J. Arlen and Dolores Arlen have heretofore conveyed to the City of Dubuque, Iowa, the following descrihed real estate: Lot 2 of Lot I of Lot 1 of Lot I ~f oY':1t °i ~tL~t~ ~t ¿'~f 1~~ I HIghland Farm Subdivision in the City of Dubuque, Iowa. which conveyance was acquired for the location of a sanitary lift station and force main; and WHEREAS, said real estate is no longer needed by the City of Dubuque, Iowa, except to reserve a 20-foot permanent easement therein for location, repair and maintenance of a sanitary sewer trunk line; and wHEREAS, it has been mutually agreed by and hetween Clarence J. Arlen and Dolores Arlen and the City of Dubuque, Iowa, they shall grant to the City of Dubuque, Iowa, a perpetual easement in and to other portions of real estate owned by Clarence J. Arlen and Dolores Arlen for the location, re- pair and maintenance of a 12-inch sanitary sewer trunk line, an 8- inch sanitary main and a 42-inch storm sewer; and WHEREAS, it has been agreed by all the parties hereto that the said Clarence J. Arlen and Dolores Arlen shall pay the City of Du- buque, Iowa, for the real estate Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Special Session, March 29, 1971 133 RESOLUTION No. 92.71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. The Apartments, Ltd., 555 Kennedy Mall BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 29th day of Maroh, 1971. Gaylord M. Couchman Mayor Walter A. Prelder Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter CoUDciImen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved ado >- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman. Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 90-71 WHEREAS, Commodity Ware- housiM Corporation has delivered Quit Claim Deed to City of Du- buque, Iowa relating to the real estate which it proposed to pur- chase; and WHEREAS, Commodity Ware- housing Corporation having dis- continued its interest to the pur- chase of said real estate; and WHEREAS, City of Dubuque, Iowa has negotiated for the sale of said real estate to Wm. C. Brown Company Publishers; NOW THER~ORE BE IT RE- SOLVED BY THE CITY COTWC!L OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Quit Claim Deed of Commodity Warehousing Corporation dated the 29th day of January 1971 conveying to the City of Dubuque, Iowa the following descrihed real estate Lot 1 of Lot 1 of Blook 5 in "RIVER FRONT SUBDlVlSlON NO.3" in the City of Dubuque, Iowa, according to the Plat thereof in Book of Plats #33, page 275 et seq., records of Dubuque County, Iowa. Subject to easements, rights and privi- leges of record be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby ordered and di- rected to record said Quit Claim Deed in the office of the Recorder in and for Duhuque County, Iowa. Section 3. That the City Auditor be and he is hereby authorized and directed to draw warrant payable to Commodity Warehousing Cor- poration in the amount of $500.00 as payment in full for aaid Quit Claim Deed and abstract of title and for engineering services. Passed, approved and adopted this 29th day of March, 1971. Gaylord III. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. BItter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION No. "-71 WHEREAS: The City CouncD is the policy making body for the City of Dubuque and, WHEREAS: It is Important for the City Council to be familiar with the workin~ of the various departments in tbe city if they are to make policy decisions regarding the direction in which to move on oity services, and WHEREAS: The City of Dubuque may need to modify or change the approach to providing services if we are to meet future budgets, and WHEREAS: Bodget planning for 1972 is already under way, and 134 Approved ..................._................1971 Special Session, March 29, 1971 WHEREAS: It has been the rec. ommendation of the Baxter-Mc- Donald firm that departments meet with the City Council period- ically, and WHEREAS: This City Council has in the past expressed an inter- est in such conferences on a monthly basis on meetIng nights when the agenda is light, therefor be It resolved: That this City Council directs the City Manager to schedule the various departments and hoards and commissions to meet with it, preferably two such meetings per month, but with at least one such meetIng, said meetIngs to be on Monday nights, following the agenda for the meeting. . Passed, adopted and approved this 29th day of March, 1971. Gaylord M. Couchman Mayor Walter þ,.. Pregler Wayne A.. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoDtion of the resolutlon. Sec- onded hy Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. There being no farther business Councilman Meyers moved to ad- journ. Seconded by Mayor Couch- man. Carried by the following vote: Yeas - Mayor Couchman. Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Leo F. Frommelt City Clerk ,_& . Adopted ......................................1971 .......................................................... .......................................................... .......................................................... .......................................................... .......................................................... Councilmen Attest: """"""""'ëiÏŸ-Ci;~k"""""""