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1971 April Council Proceedings Regular Session, April 5, 1971 135 Board of Health OFFICIAL Regular Se..ion, April 5, 1971. Board met at 7:15 P.M. (C.5.T.) Present-Chairman Gaylord M. Couchman, Me..rs. Joseph J. Bit. tor, Donald R. Meyers, Wayne A. Moldenhauer, Walter A. Pregler. Dr. Kenneth K. Hazlet. Items of routine nature were discussed at the conclusion of which Mr. Walter A. Pregler moved to adjourn. Seconded by Mr. Jo- seph J. Bitter. Carried by the fol- lowing vote: Yeas - Chairman Gaylord M. Couctunan, Messrs. Joseph J. Bit- ter, Donald R. Meyers, Wayne A. Moldenhauer, Walter A. Pregler. Leo F. Frommelt Clerk Board of Health Approved ....................................1971 Adopted ........................................1971 .................................... Members of .................................... Bd. of Health, .................................... .................................... .................................... Attest: """"""""""""""""""""'""", Clerk Board of Health Regular Session, April 5, 1971 131 Regular Session, April 5, 1911 reeeived and tiled. Seconded by OouncilmaD Bitter. Carried by tbe following vote: Yeas-Mayor Coucbman, Coun- cilmen Bitter, Meyers, Moldenhau- er, pregla-. Nays-None. Proof of PubUcatiøn, eertif"1ed to by the Publisber, of Stat- of Receipts and Disbursements for the month of February 1971,pre- sented and read. Councilman Preg- ler moved that the proof of pub- lication be received and filed. Seconded by Councilman Bitter. Carried by the f01lowing vote; Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenbau- er, preglel". Nays-None. 136 filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, MoWenhau- er, Pregler. Nays-None. hauer. Carried by the following vote: Yeaas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of claim of Donna D. Richman, in the amount of $75.00, for car damage incurred as the result of driving into a chuckhole in the street near Flora Pool on Green Street on March 20, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas-Mayor Couctunan, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of c!'aim of Forrest M. Kowalske, in an undetermined amount, for personal injuries re- ceived in a fall on an icy eross- walk on W. 7th between Bluff & Locust on February 3, 1971, pre- sented and read. Councilman Mey- ers moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of claim of Iowa Kemper Mutual Insurance Co., in an un- determined amount, for personal injuries received in a fall by Ann Filiatrault at 950 Spruce Street on February 10, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solieitor for investigation and report. Sec- onded by Couneilman Moldenhau- er. Carried by the following vote: Yeas-Mayor Couctunan, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Proof of Publication, eertified to by the Publisher, of Notice of public hearing to consider amend- ing the Zoning Map and Zoning Ordinance No.. 3-34 by enacting a subsection (m) to Section 2 of Artiele IV to permit mobile home parks under certain specified con- ditions, presented and read. CITY COUNCIL OFFICIAL Regular Session, April 5, 1971. Council met at 7:30 P.M. (C.S.T.) Present - Mayor Couchman, Councilmen Bitter, Meyers, Mol- denhauer, Pregler. City Manager Gilbert D. Chav- enelle. Mayor Couchman read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the Council called for the pur- pose of acting upon such business as may properly come before the meeting. Communication of American Pub- llc Works Ass'n Research Founda- tion offering the possibility of materially red u c i n g equipment costs of Government fleets, pre- sented and read. Mayor Couchman moved that the communication be received and filed and referred to the City Manager. Seconded by Councilman Pregler. Carried by the following vote: Years-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- I er, Pregler. Nays-None. Communication of Ed n a M. Thompson, V. P. of P. A. C. mak- ing inquiry as to the request of petition, bearing 600 signatures, for the purpose of increasing mem- bers in the Low Cost Housing Commission with low income repre- sentatives, presented and read. Counciiman Pregler moved that the communication be received and filed. Seconded by Council- man Bitter. Carried by the fol- lowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. April 2, 1971 T.. the Honorable Mayor and City Council Enclosed is a petition from Mrs. Ann Lolwing for the extension of the March of Dimes "Mother's March" permit to May 14, 15 and 16th. Since there were no conflicting requests a permit has been Issued for the May dates. Respectfully, Gilbert D. ChaveneIle City Manager Councilman Pregler moved that the comrmmi.eation be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nay-one. April %, 1971 To the Honorable Mayor and City Couneil Your staff has investigated the petition request for the vacation of National Street by the residents of Keokuk Street. The investiga- tion revealed that the vacation of the street should be predicated on the instalJation of sidewalka and sanitary sewers by the petitioners for street vacation. We will ar- range to put this proposition to the petitioners and are requesting the City Solicitor to assemble the gronp for this purpose. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. April Z, 1971 To the Honorable Mayor and City Connci! At Council Meeting of March 29th you referred a letter from Paul Henkel to the Dock Commis- sion for comment. A eopy of the letter has been sent to the Dock Commission and the secretary of the Commission has informed me that comments from the Commissi"n will be avail- able after April 7th. Respectfully Gilbert D. Chavenelle City Manager C<nmcihnan. Pregler moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, M<oyers, Moldenhau- er, Pregler. Nays-None. Notice of claim of Vera F. Waite, in the amount of $30.90, for ex- pense incurred as the result of a hacked-up sanitary sewer at 2075 Sunnyview Drive on March 13, 1971, presented and read. Councilman Meyers moved that the notice of claim he referred to the City So- licitor for investigation and report. Seconded by Councilman Molden- April 2, 1971 To the Honorable Mayor and City Council Your staff has investigated the petition from Finiey Hospital for the vacation of an alley. This vacation is possible, but it is recommended that it be held up pending the settlement of a storm drain problem. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and April 2, 1971 The Honorable Mayor and Members of the City Council: I herewith submit the Annual Financial Report of the City Audi- tor for the year 1970. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication and report be ,!<',,- 138 Regular Session, April 5, 1971 No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Couchman moved that the proof of publication be reeeived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couctunan, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. 12-71 An Ordinance amending Ordi- nance No. 3-34 known as the "Zoning Map and Zoning Ordi- nance of the City of Dubuque, Iowa" by enatcing a subsee- tion (m) to Section 2 of Article IV, to permit mobile home parks under certain specified eonditions, said Ordinance having been pre- viously presented and read at the Council meeting of March 1, 1971, presented for Final Adoption. OROINANCE No. 12-71 An :'.';;~: Cltv Ing of home fled o_..~ . Now th..-.fo,. be It ..dalned by the Cltv C,"ndl of the Cltv of O,bu",e. lowo' (2) Sed'on 2. That the fo,eoolng amend- ment ha' h..-.toto,. been ,pp"ved bv the Plo..lng ond Zoning Comml"lon of the Cltv of D,b,"'" Iowa. p"..d. opp"ved and ,dopted thl, sth dOV of A"II. "71. Goyl..d M. c,""'man Moyor Wolt" A. P'eol" Wayne A. Moldenho", Do",'d R. Meye" Jo..'" J. Bitter c,"",lImen "mmelt, Cltv CIe'" off'dally In The Teleo,oph- ow...." thl, Sth doy of Leo F. F"mmelt Cltv Cle'" 11. <III Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by tbe following vote: Yeas-Mayor Couehman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider reeord of hearing and certificate to amend the Current budget to increase appropriations in various funds, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time of the public hearing. Mayor Couchman moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. 13-71 An Ordinance amending the Budget as approved by Ordi- nance No. 1-71 and Ordinance No. 10-71, said Ordinance having been pre- viously presented and read at the Council meeting of March 8, 1971, presented for Final Adoption. No. '>-7) he b,dget 0' No. 1-71 and '" to amend ovlde f.. In- o,."ed woge "f.. and Wh"ea,. It " neoe""" fo omend the ,""eot b,dget fo p"vlde an- rri.°.:'(~~¡~~~f:? ",mplete "I.. ye'" Now th..-.fo,.. be 11 o",alned by the ptv f,"",11 of the Cltv of D,b,"'" Tptal ,"""..d Ap"p"lallo", "54.765.00 Po"ed. odoPfed and oP,,~ sth doy of Ap,II. "71. GaYIo,d M. C,""'man MaYo' Wall" A. P"g'" Woyne A. Moldeoho'" Dono'd R. Me..., J"ooh J. BIO" C,"ndlmen ATTEST, Leo F. F"mmelt. Cltv CJe,k P,bil,hed offldollY In The Tereg"ph- H",ld New...." thl, 8th d,y of A"" "71. Leo F. F"mmell Cltv CIe,k. 11. <III Regular Session, April 5, 1971 139 Councilman Bitter moved final adoption of the Ordinance. Sec- onded by Mayor Couchman. Car- ried by the fallowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. 14-71 Granting Graham's Style Store for Men, Inc. the Revocable Permit to Construct Portions of a Structure over the public Rights-of-way. presented and read. Councilman Bitter moved that :r:er:~a~~~g fi~~:t re~~ngb~f c;;,~ I Ordinance. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Councilman Bitter moved that the role requiring an Ordinance to he read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. mee" the obleollv", of the U'>an R,",w" Pia" ",w '"""0", BE IT OROA"EO BY THE CITY COUNCIL OF THE CITY OF DU"UQUE. IOWA, SECTION 1. "00 '"- ^-_.. and and fain Regular Session, April 5, 1971 Regular Session, April 5, 1971 Conneilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. 141 140 I,leoce " m,loleM",e of Ih... po,. tio", of "Id """0" whl,h wHI ov"h,", 'he po"I< ,igh"-ot-wev. "'. taioed bv eov p",oo °' ""°",. "o"d by ",Ideo! °' olh"wI". of 'he City ot Ooboooo. eod '"ee to "mply wlfh ," of Ine I"m, ,"d ,oodlflo", "o',loed fh"eio. ATTEST, p~~j' L. Ad,m" VI" P"'. Pobli,"ed offl<,"y io The Teleg"ph- Hmld New,p,p" Ihi, 19th dev of Ap'lf. 1971. Leo F. Fmmmelf City CI". It. .m Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couctunan, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. ,ign,. SECTION g. Thl, 0""0'0" ,h," be 10 toil fo"e eod effect fmm ood ,to Ie, '" tiMI ""'"... ,donlioo eod pobli"ti'" " by I,w p,ovlded. P",ed. ,ppmved eod ,dopted "", Sin dev of Ap,lf. 1971. G,vlo,d M. CPO"'m,n M,vo' ...... C ATTEST, Leo F. Feomelf. City CI"k Ae"ofeo" of O,dl",o" No. ,4-" I"'.. April 2, 1971 To the Honorable Mayor and City Council I am returning to you the petition of the Dubuque Insulation and Siding Company for the installa- tion of a canopy over the side- walk at 2498 Central. It is recommended that the peti- tion be granted subject to an or- dinance covering the installation. Respectfully, Gilbert D. Cbavanelle City Manager Councilman Meyers moved ap. proval of the recommendation. Seconded by Councilman Pregler. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays - None. ORDINANCE No. 16-71 An Ordinance Autr....rizing Dei- bert L. & Rita Pillard to con- struct an aluminum eanopy OYer public sidewalk as per plan, twenty.one foot wide with nine foot Pt'ojection over pub- lic sidewalk. presented and read. Councilman Meyers moved that the reading just had be considered the fiTst reading of the Ordinance. Seconded by Councilman Bitter. Carried by the following vcte: Yeas - Mayor Couctunan, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Naya - None. G,,",m', SMe Sto" Fo, M'", Inc. av 1'1 Jo"ph G. G"..m ATTEST, ¡,¡ H",Iel M. G"h,m Pobll,hed omel,lIy 10 Th. Tele"",,- H..,ld New'p,p" Inl, 141n dev of Ap,lf. 1971. Leo F. F,ommelf City CI". pi,"' PO"I meet' ",w', . .-... .._n . - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE. IOWA' SEC eod I It. ,/14 Councilman Bitter moved final I adoption of the Ordinance. Seeon- ded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, PregleT. Nays-None. ORDINANCE No. 15-71 Granting the First National Bank of Dubuque, Dubuque, Iowa, and the Adams Realty Corporation the Revocable Per- mit to Construct Portions of a structure over public right"",f.- way. presented and read. Councilman Bitter moved that the reading just had be comidered the first reading of tbe Ordinance. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman. Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. """'O" "d-""ig",. . Thl, O,dln"". ,"", be 10 fo" to"e 'od etied f,om 'od ,lie, If, tio" ..."ge. ,dopfioo ,"d pub.I"fioo " by ,'w pmvided. P"'ed. ,pp,oved 'M ,dopled thi, 5" dev of Ap'lf. 1971. Gev'o'd M. eo"hm,o M'm , .,.-- 142 Regular Session, April 5, 1971 Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. BE IT ORDAINED by the CItY Co",CiI of the Cify of D,b,o'" low", Rita secflon 5. Thl, O'dlnance ,"all be- come effoc"ye aod the ".h" h"e- und" ace"e '° D"""f L. & Rifa Pillanl when thl, D'dlnance ha, "'en adopfed by tho CItY Council aod fhe 'oem, and condillpn' th"e- of mepted by p"mift.., by ao- ~~\',';e~ce endo"ed on thl, Ord" Pa"ed. adopted aod app"ved th" 5th day of Aocll. A.D.. 1971. Gaylo'd M. Co",hman Mayo, Walt" A. P".'" Wayne A. Moldenh.", Donald R. Move" Jo",ph J. Biff" Co,",Hm," ATTEST, Leo F. F,ommelt. CItY Cle'" ACCEPTANCE OF ORDINANCE No. 16-71 The ,nd",'.ned haying "ad end '-- ,--...-- ...'" ..- ,.--- end 16-71 aoo"",ó,i"--tõ"'be--O,"'d by-"'ho conditio", aod a."ement, 'h"eln contained to be p"fo,med by p,,- miff..,. Deted, "'.71 By ¡,¡ Del PIII"d By ¡,¡ Rite Pill"d p,op"tY Owne". P,bll,"ed offiCially In The Tele."ph- "",Id New,pe"", fhl, 12th day of Ap,H, 1971. Leo F. F'ommelt CItY CI,," 11.'/12 Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Naya - None. Petitions of Peoples Natural Gas requesting permission to excavate at 394 Southern Ave. and at 3046 Woodlawn, presented and read. Councilman Pregler moved ap- proval of the petitions. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couctunan, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Petition of Dubuqne Blind Dance Committee requesting support in tbe join effort of the Knights of Columbus and the Masonic Lodge for sponsoring the Blind Date Danee on April 10, 1971, presented and read. Mayor Couchman moved approval of support and signed a Proclamation that the week of April 5th to lOth be observed as "Dubuque Association of the Blind Week." Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas-Mayor Couehman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Petition of the Great A & P Tea Co. Inc. requesting a refund of $25. Regular Session, April 5, 1971 143 on tbe unexpired portion of cigar- ette lieense No. 13, as they have discontinued business on March 13, 1971, presented and read. Council- man Pregler moved that the refund be granted and the Auditor in. structed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Petition of the Great A & P Tea Co. Inc., requesting a refund of $112.50 on the unexpired portion of beer license No.8, as they have discontinued business on March 13, 1971, presented and read. Council- man Pregler moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Councilman Meyers. 1 Carried by the following vote: Yeas-Mayor Couctunan, Couneil- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Petition of Michael Chalder re- questing a refund of $25.00 on the unexpired portion of cigarette li- cense No. 241, as he has discon- tinued business on March 13, 1971, presented and read. Councilman Pregler moved that tbe petition be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Petition of Josephine Burke re- questing a refund of $25.00 on the unexpired portion of cigarette Ii- 'I eense No. 176, as she has diseon- tinued business on March 30, 1971, presented and read. Councilman Pregler moved that tbe petition be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Petition of Earl Schumacher re- questing a refund of $25.00 on the unexpired portion of cigarette li- cense No. 155, as he bas discon- tinued business on March 1, 1971, presented and read. Councilman Pregler moved that the petition be granted and tbe Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer Pregler. Nays-None. Petition of Clara Eickert and Cecilia and Thomas J. Manternaeh, requesting annexation of Lot 3 of NWY. of NW Y. Section 12, Twp. 89 N.R. 2 E. 5th P. M., approxi- mately 25 acres, presented and read. Councilman Pregler moved approval of the petition. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couctunan, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. March 29, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a pro- posal for voluntary annexation of approximately 85 acres of land lying along the Peru Road, north of the City. The Commission has found that the property is eontiguous to the present corporate limits and that municipal services can be provided to tbe area. Annexation of this property is in accord with the overall annevation program, and the General Develop- ment Plan for the City. It is the recommendation of the Commission that the Council accept the proposed voluntary annexation. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Pregler. Nays-Councilman Moldenhauer. RESOLUTION ANNEXING CI:RTAIN TERRITORY No. 94-71 WHEREAS, the owners of an area approximately 88.7 Acres in size immediately adjoining the 144 Regular Session, April 5, 1971 northerly city limits of the City of Dubuque, Iowa now voluntarily petition the City Council for an- nexation of their property to the City of Dubuque, Iowa. WHEREAS, the inhabitants of said territory will be enabled to se- cure the benefits of city govern- ment in the way of police and fire protection if said territory is in- corporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services if territory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30 Code of Iowa, 1962, authorizes the exten- sion of city limits in situations of this character by the adoption of a resolution therefore; and WHEREAS the future growth, development, and preservation of the public health of the City of Dubuque, Iowa, makes it imperative that said territory be made a part of the City of Dubuque, Iowa; and NOW, therefore, be it resolved by the City Council of the City of Dubuque, Iowa, that the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following described real etsate: Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Lot 1 of Mineral Lot 324, Southwest One- Quarter Northwest One-Quarter of Section 12, Lot 1 North One-Half Southeast One-Quarter Northwest One-Quarter Section 12, Lot 1 or Mineral Lot 325, and Lot 3 North- west One-Quarter Northwest One- Quarter Section 12. all in Township 89 North, Range 2 East of the 5th Principal Meridian in Dubuque County, Iowa aceording to the re- cording to the reeorded plat there- of. The property to be annexed is as shown on the plat marked Exhihit "A" and "B" attached hereto, and by this reference made a part hereof, the boundaries of said area being outlined in red thereon, The territory herehy annexed shall hecome and be part of the Fourteenth Voting Precinct of the City of Dubuque, Iowa. Passed, adopted and approved this 5th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Pregler. Nays-Councilman Moldenhauer. April 2, 1971 To the Honorable Mayor and City Council I am attaching a letter dated March 11, reeeived from the Acting Regional Director, Water Quality Office, Environmental Protection Agency, Region V. This letter is an offer of a Fed- eral Grant in the amount of $1,- 822,800. This assist in financing the construction of Phase IT of the Sewage Plant and Force Main Pro- gram. You will reeall that the engi- neer's estimate of project east was $4,558,000, including $2,506,900 Federal assistance and $1,139,500 State assistance. The offer of Fed- eral assistance is substantially less than the estimate. No offer of State assistance has been received. Because of this situation, the Federal Environmental Protection Agency, and the Iowa State Depart- ment of Health were contacted. From these sources, it appears that the best procedure is to aceept the Federal offer. Sinee the acceptance of the offer must be on or before April 7, 1971, and must be without qualification, I request that you favorably con- sider a resolution authorizing the City Manager to accept the Federal grant offer on hehalf of the City. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the Manager's request. Seconded by Councilman MoWen- Regular Sess;on, April 5, 1971 145 hauer. Carried by the following vote: Yeas-Mayor Couehman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. RESOLUTION No. 95.71 Resolution authorizing the City Manager to execute offer and ac- ceptance of Federal Grant for Sewage Treatment Works under 33 U.S.C. 466 et. seq. Project No. WPC-Iowa 460. WHEREAS, the City Manager has received an offer from the En- vironmental Protection Agency, Re- gion V, Water Quality Offiee, in behalf of the City of Dubuque, Iowa, to aid in the construction of a foree main, and additions to the existing trickling filter plant, including a primary clarifier, two I trickling filters, a recirculation force main, a sludge ineinerator, four trickling filter Covers and ap- purtenances. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. That City Manager Gilbert D. Chavenelle, of the City of Dubuque, Iowa, be and he is hereby author- ized and directed to execute offer and acceptance of Federal Grant for Sewage Treatment Works un- der U.S.C. 466 et. seq., Project Number WPC-Iowa 460 on behalf of the City of Dubuque, Iowa, to aid in construction of the above mentioned specifie public project. Passed, adopted and approved this 5th day of April, 1971. Gaylord M. Couctunan Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers 1 Joseph J. Bitter Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Co1J!Dcilman Meyers. Carried by the fallowing vote: Yeas-Mayor Couchman, Couneil- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. . RESOLUTION No. 96.71 AUTHORIZING THE EXECUTION AND DELIVERY OF DEED TO KENNETH A. HARTIG FOR SALE OF LAND IN THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 WHEREAS, under date of March 31, 1971, the City of Dubuque and Kenneth A. Hartig, AKA K. A. Hartig, entered into a Contract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private redevelopment by the said Kenneth A. Hartig; and WHEREAS, Kenneth A. Hartig has compiled with the conditions of said Contract and has requested the City of Dubuque exeeute and deliver to him a Deed for the land described herein below;; now there- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section I. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to Kenneth A. Hartig for the sale of Disposition Parcel 8 of Block 6 in the Downtown Urban Renewal Pro- ject, Iowa R-15, legally deseribed as Block 11 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, containing 8,347.36 square feet. Section 2. That the Direetor of the Department of Urban Renewal is hereby authorized and directed to deliver said Deed to Kenneth A. Hartig upon receipt of the purchase price of $41,069.01 on the basis of $4.92 per square foot. Passed, approved and adopted this 5th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adoption of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. 146 Regular Session, April 5, 1971 RESOLUTION No. 97.71 AUTHORI2ING THE EXECU- TION AND DELIVERY OF DEED TD MOLO Oil.. COM- PANY FOR SALE OF LAND IN THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 WHEREAS, under date of Oc- tober 8, 1970, the City of Dubu- que and the Malo Oil Company entered into a Contract for tbe Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private redevelopment by the said Malo Oil Company; and WHEREAS, the Malo Oil Com- pany has complied with the eon- ditions of said Contraet and has requested the City of Dubuque execute and deliver to them a Deed for the land deseribed here- in; now therefore BE IT RESOLVED BY THE CITY COUNCil.. OF THE CITY OF DURUQUE, IOWA: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to the Malo Oil Company for the sale of Disposition Parcel 11 of Block 8 in the Downtown Urban Renewal Project, Iowa R-15, le- gally described as Lot 1 of Block 16 in Dubuque Downtown Plaza in the City of Dub u que, Iowa, containing 15,948.18 square feet. Section 2. That the Director of the Department of Urban Re- newal is hereby authorized and directed to deliver said Deed to the Malo Oil Company upon re- ceipt of the purchase price of $65,228.06 on the basis of $4.09 per square foot. Passed, approved and adopted thia 5th day of April, 1971. Gaylord M. Couctunan Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor .Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 98-71 AUTHORIZING THE EXECU- TION AND DELIVERY OF DEED TO THE FffiST NA- TIONAL BANK OF DURUQUE, DUBUQUE, IOWA, FOR SALE OF LAND IN THE DOWN- TOWN URBAN RENEWAL PRO- JECT, IOWA R-15 WHEREAS, under date of Oc- to her 6, 1970, a Contract for the Sale of Land for Private Rede- velopment was entered into by and between The First National Bank of Dubuque, Dubuque, Iowa, and the Adams Realty Corpora-' tion; and WHEREAS, The First National Bank of Dubuque, Dubuque, Iowa, and the Adams Realty Corpora- tion have complied with the eon- ditions of said Contract and have requested the City of Dubuque execute and deliver to them a Deed for the land described here- in below in the name of The First National Bank of Dubuque, Dubuque, Iowa; now therefore BE IT RESOLVED BY THE CITY COUNCil.. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to The First National Bank of Dubuque, Dubuque, Iowa, for the sale of Disposition Parcels 4 and 5 of Block 8 in the Downtown Urban Renewal Projeet, Iowa R-15, legally described as Block 18 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, can t ain in g 23,105.52 square feet. Section 2. That the Director of the Department of Urban Renewal is hereby authorized and directed to deliver said Deed to The First National Bank of Dubuque, Dubu- que, Iowa, upon receipt of the purchase price of $116,451.82 on the basis of $5.04 per square foot. Regular Session, April 5, 1971 147 Passed, approved and adopted this 5tb day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 99.71 WHEREAS, the City Council of Dubuque, Iowa has been and con- tinues to be deeply concerned with the increasing problems of financing local government ser- vices for the three out of four Iowans who live in cities and towns; and WHEREAS, there are 670 cities and towns levying 28 mills or over and an additional 35 cities and towns levying an emergency mill; and WHEREAS, the total debt for cities and towns rose $96 million in 1969, bringing the total debt for eities and towns to he above $378 million, or 97% of total operating budgets of $390 million; and WHEREAS, there is a demon- strated need for additional non- I property tax revenues to adequate- ly finance laval governments; and WHEREAS, the urban popula- tion has risen from 53.0 percent of the total state population in 1960 to 73.2 percent in 1970; and WHEREAS, any tax reform must provide equitable tax treat- ment to rural and urban citizens alike. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, in re- affirmation of the policy adopted at the annual meeting of the League of Iowa Municipalities in September of 1970, urges the Iowa General Assembly to in- crease the state sales tax from 3 percent to 4 percent with the pro- ceeds being returned to cities, towns and eounties on a per capi- ta basis. BE IT FURTHER RESOLVED that the City Council of the City of Dubuque, Iowa, will strongly oppose any increase in state sales or income tax, unless the equiva- lent of one-half of one cent of sales tax is returned to the cities and towns only on a per capita basis for the henefit of their citi- zens. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to our State Represen- tatives and Senators and the League of Iowa MuniCipalities re- questing their vocal and active support of these measures. Passed, approved and adopted this 5th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler WayneA. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 100-71 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 premit to sell Cigarettes and Cigarette Papers within said City. Mary Kathryn Ford, 1027 Rhom- berg Avenue BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 5th day of April, 1971. Gaylord M. Couctunan Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk 148 Regular Session, April 5, 1971 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 101-71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Bernard Norbert Newton (Effec- tive June 19-20), Riverfront Ball- park Bernard Norbert Newton (Trans- fer from Riverfront Ballpark ef- fective June 21-27), Petrakis Park Bernard Norbert Newton (Transfer from Petrakis Park effective June 28), Riverfront Ballpark I Dorothy Rose Hentges, 2412 Cen- tral Avenue Carl N. Brant, 2600 Central Avenue Mary Kathryn Ford, 1027 Rhom- berg Avenue Lois M. Morarend, 700 East 16th street Kathleen L. Wedig, 1399 Jackson Street Harry William Shetler, 1902 Cen- tral Avenue Donald P. Shanley, 1630 East 16th Street CLASS "C" BEER PERMIT Joseph R. Lenger, 486 North Grand- view Avenue John F. Thompson, 3003 Asbury Street Earl J. McNamara, 1046 University Avenue Passed, adopted and approved this 5th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk ~'" x Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 102-71 WHEREAS, applications for Beer Permits were filed by the within named applieants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Bernard Norbert Newton (Effec- tive June 19-20), Riverfront Ball- park Bernard Norhert Newton (Transfer from Riverfront Ballpark effec- tive June 21-27), Petrakis Park Bernard Norbert Newton (Trans- fer from Petrakis Park effec- tive June 28), Riverfront Ball- park Dorothy Rose Hentges, 2412 Cen tral Avenue Carl N. Brant, 2600 Central Avenue Mary Kathryn Ford, 1027 Rhom- berg Avenue Lois M. Morarend, 700 East 16th Street Kathleen M. Wedig, 1399 Jackson Street Harry William Shetler, 1902 Cen- tral Avenue Donald P. Shanley, 1630 East 16th Street CLASS "C" BEER PERMIT Joseph R. Lenger, 486 North Grand- view Avenue John F .Thompson, 3003 Asbury Street Earl J. McNamara, 1046 University Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Regular Session, April 5, 1971 149 Passed, adopted and approved this 5th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 103-71 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123-as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Dorothy Rose Hentges, 2412 Cen- tral Avenue Mary Kathryn Ford, 1027 Rhom- berg Avenue Lois M. Morarend, 700 East 16th Street Harry William Shetler, 1902 Cen- tral Avenue Passed, adopted and approved this 5th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOL"TION No. 104-71 WHEREAS, applications for Li- quor Permits were filed by the within named applicant" and they have received the approval of this Council; and VlHEREAS, the premises to be oceupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevanc thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Dorothy Rose Hentges, 2412 Cen- tral Avenue Mray Kathryn Ford, 1027 Rhom- berg Avenue Lois M. Morarend, 700 East 16th Street Harry William Shetler, 1902 Cen- tral Avenue Passed, adopted and approved this 5th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. At 9:4ü P.M. Councilman Preg- ler moved to go into executive ses- sion to consider personnel appoint- ments to the Low Rent Housing Commission. Seconded by Council man Bitter. Carried by the follow- ing vote: Yeas-Mayor Couctunan, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. The Council reconvened in re- gular session at 10:01 P.M. and Mayor Couchman announced the appointments of Miss Florence M. 150 Regular Session, April 5, 1971 Hennig to serve to August 17, 1971 and Mrs. Paul Perry to serve until August 17, 1972 on the Low Rent Housing Commission. Seeond- ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 105.71 CONFffiMING TIlE APPOINT- MENTS OF TWO MEMBERS OF THE LOW-RENT HOUSING COMMISSION OF THE CITY OF DUBUQUE, IOWA WHEREAS, on the 17th day of August, 1970, the City Couneil of the City of Dubuque, Iowa, adop- ted Resolution No. 244-70 electing to exercise the powers eontained in Chapter 4O3A of the Iowa Code of 1966, as amended, by the City Council of the City of Dubuque, Iowa, and by said City Council through a Board of Commissioners to the extent of the authority granted said Board of said City Council; and WHEREAS, on the 17th day of August, 1970, the City Council of the City of Dubuque, Iowa, adop- ted Resolution No. 245-70 con- firming the Mayor's appointment of the original Board of Commis- sioners for the Low-Rent Housing Commission of the City of Du- buque, Iowa; and WHEREAS, on the 1st day of February, 1971, the City Council of the City of Dubuque, Iowa, adopted Resolution No. 36-71 which increased the membership I of the Low-Rent Housing Commis- , sian of the City of Dubuque from five memhers to seven members; an': WHEREAS, the Mayor of the City of Dubuque, pursuant to Re- solution No. 36-71 bas appointed two additional members to the Board of Commissioners for the Low-Rent Housing Commission of the City of Dubuque, Iowa; now tberefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the action of the Mayor of the City of Dubu- que, Iowa, in appointing Miss Florence M. Hennig to August 17, 1971 Virginia M. Perry, to August 17, 1972 1111:',," -, 'as additional Commissioners of the Low-Rent Housing Commission of the City of Dubuque, Iowa, is hereby approved and the appoint- ment of each .nd everyone of said Commissioners is hereby con- firmed by this City Council for the period respectively desiguated in the Certificate of Appointment of Commissioners now on file in the office of the City Clerk. Passed, approved and adopted this 5th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Donald R. Meyers Couneilmen Attest: Leo F. Frommelt City Clerk CERTIFICATE OF APPOINT- MENT OF COMMISSIONERS OF THE LOW-RENT HOUSING COMMISSION OF THE CITY OF DUBUQUE, IOWA WHEREAS, the City Council of the City of Dubuque, Iowa, held a duly authorized meeting on the 5tb day of April, 1971; and WHEREAS, at said meeting Re- solution No. 105-71 was adopted, a copy of which is attached here- to and made a part hereof. NOW, THEREFORE, pursuant to the provisions of Section 4O3A.5 of the "Low-Rent Housing Law" of the State of Iowa, and by virtue of my office as Mcyor, I hereby ap- point the two (2) persons herein- after named to serve as Commis- sioners of the Low-Rent Housing Commission of the City of Du- buque, Iowa, and to serve for the period of time appearing af- ter their names, respectively, from the 5th day of April, 1971. Miss Florence M. Hennig, to August 17, 1971 Virginia M. Perry, to August 17, 1972 IN WITNESS WHEREOF, I have hereunto signed my name as Ma- yor of the City of Dubuque, Iowa, and caused the official eorporate seal of said City of Dubuque to be attached thereto this 5th day of April, 1971. Gaylord M. Couctunan Mayor Attest: Leo F. Frommelt City Clerk Regular Session, April 5, 1971 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. There being no further business upon motion Councilman Bitter moved to adjourn. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Leo F. Frommelt City Clerk 151 Approved .................................. 1971. Adopted .................................... 1971. ....................-.......................................................... -....-.............-....................................................... ....................-..-....................................................... """"""""""""""""""""""""""""""""""""'""" """-""-"""""""""""""""ëõiï¡;ëiïiñëïi""""'" Attest: """""""""""""ëiï;"'ëï;;;k"'" 152 Special Session, April 19, 1971 CITY COUNCIL OFFICIAL Special Session, April 19, 1971. Council met at 7:30 P.M. (C.S.T.) Present - Mayor Couchman, Councilmen Bitter, Meyers, Mol- denhauer, Pregler. City Manager Gilber D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of AUTHORIZING THE PUBLICA- TION OF NOTICE OF SALE OF PROJECT NOTES FOR THE DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 IN THE AMOUNT OF $3,305,000. and act- ing upon such other business as may properly come before a re- gular meeting of the Council. April 1, 1971 Hon. Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted an exami- nation for the position of Elec- trical Insepector I, on March 3, 1971. The following named person passed the written examination is hereby certified. McCarten, Rohert A. 88.23% Respectfully submitted, Lelloy H. Giles Chairman Gerard B. Noonan Louis F. Fautsch Commisioners Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 19 day of April, 1971. Violet Savary Notary Public Councilman Meyers moved that the communication be received and made a matter of record. Se- eonded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. April 8, 1971 To the Hon. Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1971 Code of Iowa, the Civil Service Commission conducted examina- tions for the position of Plumbing April 6, 1971. The following named applicants have passed the written examina- tions with an average of 70% or better. Stonskas, Robert A. 75.45% Anderson, Alvin A. 71.81 % Respectfully submitted, LeRoy H. Giles Chairman Gerard B. Noonan Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 19 day of April, 1971. Violet Savary Notary Public Councilman Pregler moved that and made a matter of record. Se- conded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, Conn- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Communication of Richard J. Feyen as Chief Plumbing Inspec- tor stating that the Plumbing Board met on April 15, 1971, in response to a letter from Attor- ney Hughes in defense of Mr. Stonskas, who passed a written exam for Plumbing Inspector, and referring the grievance to the Council as a policy matter and lending their full support to Sec- tion 2 of Ordinance No. 48-70 showing the duties and quailifica- tions of Plumbing Inspectors, pre- sented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Bitter. Carried by the fol- lowing vote: Yeas - Mayor Couehman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Councilman Pregler moved that the rules be suspended in order Special Session, April 19, 1971 153 to let anyone present address the Council if they so desire. Second- ed by Mayor Couchman. Carried by tbe following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Mr. Robert Stonskas appeared before the Council and read a pre- pared statement indicating that section 2 of Ordinance No. 48-70, requiring a plumbing inspector to hold a journeyman or Master Plumber license and with five years experience, was included in the ordinance either unwittinglY or by specific design to limit the number of applicants for Plumb- ing Inspector. Mr. Stonskas re- quested the Council to postpone the appointment until they re- view the Ordinance and consider some of his suggestions. Mr. Peter L. Stonskas, father of Robert Stonskas, addressed the Council by stating that the Ordinance is ~~~~m;~:~o';ea;r~~te;.~~n~~t f:' 1 dicated they had to go along with the requiring conditions recited in the Plumbing Ordinance. Ma- yor Couchman moved that the written statement of Mr. Robert Stonskas be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- eilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Communication of Crime Com- mission, in looking forward to the needs of the entire County in the law enforcement area, request- ing that the joint law enforcement project be brought before the vo- ters in the near future, presented and read. Councilman Pregler moved that the communication be received and filed and the Mayor respond to the Chairman of the Crime Commission and arrange for a meeting. Seconded by Council- man Moldenhauer. Carried by the I. following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Communication of Wayne Whit- tenbaugh of 2129 Faye St., ob- jecting to the prolonged hazard and nuisance of dead elm trees located next to his property on Lot 1 of 16 of Porters Sub., al- legedly owned by the City, pre- sented and read. Mayor Couchman moved that the communication be referred to the Manager and staff. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Printed Council proceedings pre- sented for the month of February 1971 for approval. Councilman Pregler moved that the Couneil proceedings for February 1971 be approved as printed. Seconded by Councilman Moldenhauer. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. April 2, 1971 To the Honorable Mayor and City Council This is to advise that I have ap- proved the following bonds and policies, and desire to have your approval on same. COMPREHENSIVE LIABILITY Black & White, Yellow & Checker Cab Co., Inc., Insurance Company of North America William Spiegel, Grinnell Mutual Reinsurance Co. Tri-State Paving Company, Bitum- inous Casualty Corporation F. N. Smith Contsr. Co., Bitum- inous Casualty Corporation SIDEWALK Heitzman Construction Co., United Pacific Insurance Co. Richard Huseman and Louis Huse- mann, Merchants Mutual Bond- ing Co. William O'Neill, Merchants Mutual Bonding Co. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that filing of the policies and bonds he approved subject to approval of the city Solicitor. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. 154 Special Session, April 19, 1971 April 8, 1971 To the Honorable Mayor and City Council This is to advise that the sani- tary sewer laid in Kennedy Circle just off John F. Kennedy Road and behind Clemens Motor Sales for Hillcrest Builders, Inc. construct- ed by Fondell & Sons, Inc. of Du- buque, Iowa, all in Key Knolls Sub- division in the City of Dubuque, Iowa, has been completed in ac- cordance with plans and specifica- tions with the condition that the repair of the infiltration of water will be corrected by April 11, 1971, per attached letter from Fondell & Sons, Inc. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Couch- man. Carried by the following vote: Yeas-Mayor Couchman, Coun- eilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. April 15, 1971 To the Honorable Mayor and City Council I herewith submit the monthly reports of the City Treasurer, City Auditor and a list of claims for the month of March 1971. Respectfully, Gilbert D. Cbavenelle. City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. April 15, 1971 To the Honorable Mayor and City Council We have a considerable number of uncollected bills which have been issued by the city to individ- uals for ambulance service. The City Auditor and I would like to discuss this situation with you at Council meeting. Attaehed is a letter dated April 12 received from Mr. Heitzman which describes the situation. A list of the names of those who have not paid the bills is available if you desire. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the communication and list be re- ferred baek to the City Manager to take any action he deems neces- sary. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. April 8, 1971 Hon. Mayor and City Council On February 24, 1971, Mrs. Don- ald Cullen of 93 North Algona, this city, filed claim against the City of Dubuque in the total sum of $33.38 for injuries allegedly re- ceived on January 8, 1971 as the result of slipping and falling on the sidewalk at a point near 2463 Central Avenue, this city and said damages claimed are for doctor bill, loss of a day's wages and eab fare after the fall. I have made an investigation of this matter and have eonferred with clainmant and have reviewed the medical bill and claimant has made an offer of settlement of this claim in the amount of $33.38 and it is the recommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be instructed to draw a warrant payable to Mrs. Donald (Margaret Cullen) and Don- ald Cullen, husband and wife in the amount of $33.38 and transmit the same to the City Attorney for delivery upon receipt of duly exe- cuted releases. Original claim is attached hereto. Yours very truly, R. N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- eilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. April 8, 1971 Hon. Mayor and City Council On January 29, 1971, Mrs. Betty (Francis) Barrett of 515 Almond Street, this city, filed claim against Special Session, April 19, 1971 155 the City of Dubuque, claiming dam- ages for the total amount of $102.00 and alleging that said dam- ages were for doctor bill, loss of wages and rental of crutches and further claiming that said damages and personal injury resulted from a fall in the street near said ad- dress on January 13, 1971 and that said fall was caused by ice and snow on an unsalted street. I have made an investigation of this matter and have learned that there was a snow fall on that date and that claimant fall in the street attempting to reach her car, and from the facts learned and the per- tinent laws, it is the opinion of the writer that there was no action- 1 able negligence on the part of the City of Dubuque and therefore it is recommended that said claim be denied. Original claim is attached here- to. Yours very truly, R. N. Russo, City Attorney Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. April 16, 1971 Hon. Mayor and City Council On March 30, 1971, the City of Dubuque was put on notice of a fall by Ann Filiatrault on a city public sidewalk on February 10, 1971 on the property of Vivian B. Snyder, 950 Spruce Street, this city and claiming doctor bills, X-rays and loss of wages. This matter was referred to the City Attorney who has made an investigation of the matter and re- viewed the doctor bills and claim- ant has made an offer of settle- ment in the amount of $20.25 and in view of the foregoing it is the recommendation of the City Attor- ney that said offer of settlement be accepted and that the City Aud- itor be instructed to draw a war- rant payable to Ann Filiatrault in the amount of $2025 and transmit the same to the City Attorney for delivery upon receipt of duly exe- cuted releases. Original notice is returned herewith. Respectfully submitted, R. N. Russo, City Attorney Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. April 16, 1971 Hon. Mayor and City Council On March 16, 1971, John J. Pins of 2405 Maryville Drive, this city, filed claim against the City of Du- buque claiming damages to his motor vehicle on March 13, 1971 as the result of striking a hole in the blacktop in the street in the 700 block of West 32nd Street and alleging said damages were in the total amount of $108.25. This matter was investigated by the City Attorney's Office who also checked with the Street De- partment and based on the facts and existing law finds there is no actionable negligence by the City of Dubuque and therefore recom- mends that said claim be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. April 16, 1971 Hon. Mayor and City Council On March 29, 1971, Donna D. Richman of 804 Rose Street, this city, filed claim against the City of Dubuque in the total amount of $75.00 and claiming said damages occurred to her vehicle on March 20, 1971 as the result of striking a hole in the street near Flora Pool on Green Street and allegedly re- sulting in a flat tire, broken rear spring and damaged radiator. This matter was investigated by the City Attorney's office who also checked with the Street Depart- ment and based on the facts and existing law finds there is no ac. 156 Special Session, April 19, 1971 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 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. Communication of "All Points Cable Inc." advising of receipt of full remittance from the United Electric Co. for materials furnished in the construction of the Sewage Treatment Facility, presented and read. Councilman Bitter moved that the communication be received and filed Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman. Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Notice of claim of David Loeffel- holz. in the amount of $167.49, for expense incurred as tbe result of a water main leak into his home at 1500 Rosedale Ave. on January 3. 1971, presented and read. Coun- cilman Bitter moved that the notice of elaim be referred to the City Solicitor for proper action. Seeond- ed by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman. Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Notice of Suit of Geraldine L. Laufenberg, in the amount of $5000., as the result of personal injuries received in a fall on an icy sidewalk at 424 W. Locust Street, on January 15, 1971, pre- sented and read. Councilman Bitter moved that the notice of suit be referred to the City Attorney for proper action. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas-Mayor Couchman. Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. ..." , Notice of Suit of Ronald Leray Ingles minor, by Agnes Ingles his mother, in the amount of $30,00 for personal injuries received by said minor as the result of being shot by a member of the Dubuque Police Department in East Dubuque on July 10, 1970, presented and read. Councilman Bitter moved that the notice of suit be referred to the City Attorney for proper aetion. Seconded by Mayor Couch- man. Carried by the following vote: Yeas-Mayor Couchman, Couneil- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Notice of subcontractor's claim for lien on Municipal Project of Westphal & Company Inc., in the amount of $23,882.42, against Healy Mechanical Contractors Inc. in the construction of Cedar Street Lift Station project, presented and read. Councilman Bitter moved that the notice of claim be referred to the City Attorney for proper action. Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couctunan, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Petition of American Legion Auxiliary requesting permission to sell poppies on May 14th and 15th, presented and read. Councilman Meyers moved approval of tbe petition and referred it to the City Manager for implementation. Sec- onded by Mayor Couctunan. Carried by the following vote: Yeas-Mayor Couehman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Petition of John Zurcher request- ing vacation of an alley off Mar- quette Place as shown on a plat attached as they have maintained the property since 1959, presented and read. Councilman Pregler mov- ed that the petition be referred to the Planning & Zoning Commis- sion for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Special Session, April 19, 1971 157 Petition of Knights of Columbus requesting that the proposed plant- ing of two trees in front of their building at 781 Locust Street, be abandoned, due to lack of adequate space, presented and read. Mayor Couchman moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by tbe following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Petition of Special Olympics Committee requesting that April 24, 1971 be proclaimed "Special Olympics Day" and further re- questing support of Special Olymp- ics for the benefit of mentally re- tarded children, presented and read. Councilman Pregler moved that the petition be received and ~l::or~:d ~~~Cl~:.:'t~~.en~':c~nJ~~ i by Councilman Moldenhauer. Car- ried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Petition of Memorial Day Com- mittee requesting permission to conduct their annual Memorial Day Parade on May 31, 1971, presented and read. Councilman Pregler mov- ed approval of the petition. Sec- onded by Mayor Couctunan. Carried by the fallowing vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Petition of Dubuque Office Equip- ment Company requesting permis- sion to construct a marquee in front of the building at 1654 Cen- tral Ave., presented and read. Councilman Meyers moved that the petition be referred to the City Manage! for proper proceedings. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. ORDINANCE No. 17-71 An Ordinance Amending Or- dinance No. 33-49 known as the "Traffic Code of Dubuque, Io- wa" as amended by repealing Section 69 of Schedule VI there- of and enacting a new Section 69 to Schedule VI thereof to pro- hibit the parking of motor ve- hicles on the south side of Hill- crest Road from Asbury Road to Avalon Road and from John F. Kennedy Road to St- John Drive, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of tbe Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. ATTEST, Leo F. F,omme" <;ty C'"k Pob';'",d off'o',"y 'n The Te'e."ph- "mid New,p,p" 'hi, "nd dov of Ap"'.1971. L" F. F"mme" C,ty Cle,k. It. 4122 Councilman Meyers moved final adoption of the Ordinance. Second- ed by Co..ncilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. 158 Special Session, April 19, 1971 ORD'NANCE No. 18-71 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Io- wa" as amended by repealing Subsection 9 of Section 8.1 thereof and enacting a new Sub- section 9 to Section 8.1 in lieu thereof establishing a speed li- mit on John F. Kennedy Road from Highway Number 20 to Asbury Road, presented and read. Councilman Meyers moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Couneilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Couneilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. O,d".n,. No. 18-71 '"lion 1. Thot O,dl",",e No. 33-49 k",wn 0' the "T"If;, Code 01 0"- b"noe. Iowa" " am,nd'd be ,"d Ih, "me " h...by amended by "peon" ,"b.."'on90ISe"'on'.land,na"- In. a new ,"b",llon9 to Se"'on '.1 In n" Ih...ol " follow" '.1 9. ThI'IV-liv, mile, p" ho", on John F. K,nn,"y Road f"m HlehwaY N"mb" 20 to A,b"" Road. P"""'. app,..," and adopfed !hI, 191h day ot Ap,". 1971. GaY;"d M. C,""'man Ma", Wa"" A. P".I" Wayne A. Mo.d,nha", nonald R. Move" j..,ph J. Bift" C,"n,lImen ATTEST, Leo F. F"mm,it CIIV Cle" P"bll"'ed otli,'ally In Tho Tel""ph- Hmld N,w,pap" thl, 22nd day 01 Ap,II.1971. Leo F. F"mmeit CIIV Cle"'. It. 4/22 Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. ORDINANCE No. 19.71 AN ORDINANCE VACATING ALLEY LYING EAST OF AL- PINE STREET BETWEEN REE- DER STREET AND DODGE STREET IN THE CITY OF DU- BUQUE, IOWA AND DISPOS- ING OF INTEREST IN SAME, presented and read. Councilman Bitter moved that the Ordinance be referred to the Planning & Zoning Commission for investigation and report. Se- conded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Mr. Gary Follman, as a repre- sentative of S & A Realty, ad. dressed the Council as a pros- pective buyer of tbe former Del Farm property. Cullen-Schiltz & Associates Consulting Engineers and Rossiter & Hamm architects have been engaged and submitted a plan whereby erosion from the alley between Reeder and Dodge Streets can be eontrolled. Councilman Meyers moved that the City Attorney be authorized to negotiate agreement, \.ith the pro- posed purchaser, for the City Ma- nager to execute. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Mr. Miebael Remakel appeared before the Council and stated that he was not consulted as an abutting property owner to the alley, as to what is proposed to stop erosion of his property. RESOLUTION No. 106.71 WHEREAS, the S & A Realty Co., a Missouri corporation, has transmitted a proposal to pur- chase the alley lying immediately north of Dodge Street between Alpine and Hill Streets being twenty feet in width and approxi- mately 260 feet in length Bame Special Session, April 19, 1971 159 being situated and bordering thc northerly boundary of the "Del- Farm Store property" and has offered to purchase the same for $1,500.00 and in addition thereto has undertaken and agreed to in- stitute soil erosion improvements to tbe end that the integrity of said alley be retained and pre- served. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposition of interest of the City of Dubu. que in and to said alley to S & A Realty Co. for the sum of $1,500.00 be and the same is hereby approv- ed subject to the following condi- tions: 1) That the purchaser pay the east of publication and no abstract of title be furnished and conve- I yance be made by Quit Claim Deed, subject to 5' pedestrian easement along northerly-most portion of said alley. 2) That the soil erosion improve- ments in, on and to said alley be approved in writing by the City Engineer together with an en- gineer selected by the purchaser certifying that the proposed im- provements will correct and pre- serve said alley from erosion, to the end that the private property abutting thereon may be reason- ably furnished lateral support, and purchaser undertakes to make and maintain said improvements. Section 2. That the City Clerk be and he is hereby authorized and directed to cause notice of intent to dispose of interest in real es- tate to he published as is by law required. Passed, approved and adopted thia 19 day of April, 1971. Gaylord M. Couctunan I Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Council1D/!n Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couctunan, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 107-71 WHEREAS, Merlin H. Bradley and Dorothy R. Bradley, husband and wife, have executed a War- ranty Deed conveying to the City of Dubuque the following describ- ed real estate Lot 2 of the Subdivision of Lot 2 of Lot 1 of the Northeast Quarter of the Northwest Quar- ter all in Section 35, Township 88 North, Range 2 East of the 5th P.M., in the County of Du- buque, Iowa and, WHEREAS, said property was the subject of Eminent Domain proceedings by the City of Du- buque on which Sheriff's Jury awarded the sum of $10,500.00 and that the City of Dubuque paid an additional $1,500.00 on appeal to the District Court of Dubuque County, Iowa by way of compro- mise of said appeal, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That Warranty Deed of Merlin H. Bradley and Dorothy R. Bradley, husband and wife, conveying the above described real estate to the City of Dubu- que be and the same is hereby accepted and the City Clerk be and he is hereby ordered to re- cord said Warranty Deed in the office of the recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 19th day of April, 1971. Gaylord M. Couetunan Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Couneilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. 160 Special Session, April 19, 1971 Communication of City Engineer White requesting authorization for the City Manager to execute an application with the Iowa State Highway Commission for perpetual permission to occupy portions of the public State High- way right of way for construction of the Center Grove Valley Sani- tary Interceptor sewer, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 108.71 NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Manager be and he is hereby authorized and direct- ed to execute an application dated April 19, 1971 with Iowa State Highway Commission, a copy of which application is attached, re- specting the construction of an 18" vitrified sanitary sewer across Highway No. 20 at Highway Station 2347 - 27. Passed, approved and adopted this 19th day of April, 1971. Gaylord M. Couctunan Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk I, Leo F. Frommelt, Clerk of the City of Dubuque, Iowa do hereby Certify the foregoing to be a true and correct copy of a Resolution adopted by the City Council of the City of Dubuque, Iowa at a meet- ing on 19th day of April, 1971, that said Resolution is still in effect; that the application referred to herein, attached thereto, is in the form executed. Witness the seal of the said City of Dubuque, Iowa and my signa- ture this 19th day of April, 1971. Leo F. Frommelt, City Clerk Mayor Couctunan moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 109.71 Authorizing the Publication of Notice of Sole of Project Notes (Third Series 1971) and the R.. ceiving of Proposals for the Sale of said Notes for the Downtown Urban Renewal Project, Iowa R. 15 WHEREAS, under date of July 26, 1967, the City of Dubuque en- tered into a Loan and Capital Grant Contraet for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, under date of April 7, 1969, the Council of the City of Dubuque adopted Resolution No. 87-69 authorizing to be issued, from time to time, Project Notes in con- nection with the Downtown Urban Renewal Project, Iowa R-15, in an aggregate principal amount out- standing at anyone time of not to exceed $8,624,313; and WHEREAS, under date of Janu- ary 18, 1971, the Council of the City of Dubuque authorized the issuance and sale of its Project Notes in the aggregate principal amount of $3,082,000 to finance certain undertakings in connection with the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, in order to refinance the outstanding Project Notes and provide additional working capital, it is necessary for the City of Du- buque to sell Project Notes (Third Series 1971) totaling $3,305,000; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City Clerk be and he is hereby authorized and directed to publish according to law "Notice of Sale-Project Notes" in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the City Clerk be and he is hereby authorized and directed to accept and tabulate pro- posals for the sale of said notes and to send telegrams of accept- ance to the low bidder or bidders Special Session, April 19, 1971 161 all in accordance with instructions eovering such transactions as pro- vided by the Department of Hous- ing and Urban Development, Unit- ed States of America. Section 3. That a meeting of the Couneil of the City of Dubuque shall be held after the bid opening date of May 4, 1971, to adopt such resolution or resolutions necessary for the consummation of the sale of Project Notes (Third Series 1971) to the lowest bidder or bid- ders. Passed, approved and adopted this 19th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers 1 Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk EXHIBIT NAN NOTICE OF SALE-PROJECT NOTES CITY OF DUBUQUE, IOWA (Name of Local Issuing Agency) Sealed proposals will be received by City of Dubuque, Iowa (herein called the "Local Issuing Agency") at Council Chambers, City Hall. 13th and Iowa in the City of Du- buque, State of Iowa, 52001 , until, and publicly opened at, One o'clock P.M. Œ.D.S.T.) on May 4. 1971. for the purchase of $3,305,000 of Project Notes (Third Series 1971), being issued to aid in finan- cing its project(s) as follows: Amount: $3.305.000; S e r i e s: Third - 1971; Maturity: 12-17-71 The Notes will be dated June 1, 1971, will be payable to bearer on the Maturity Date, and will bear interest at the rate or rates per annum fixed in the proposal or proposals accepted for the pur- chase of such Notes. All proposals for the purchase of said Notes shall be submitted in a form approved by the Local Issuing Agency. Copies of such form of proposal and information concern- ing the Notes may be obtained from the Local Issuing Agency at the address indicated above. Detail- ed information with respect to the conditions of this sale may be obtained from the April 20, 1971 issue of The Daily Bond Buyer. CITY OF DUBUQUE, IOWA By Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 110.71 Authorizing the Execution of a Supplemental Agreement with Barton.Aschman Associates, Inc. For Phase II Services for the Main Street Pedestrienway, Downtown Urban Renewal Proj. ect, Iowa R.15 WHEREAS, under date of July 22, 1969, Barton-Aschman Associ- ates, Inc. was retained to provide I. Final Design and Preparation of Construction Plans, Specifica- tions, and Contact Documents. 2. Additional Services on an "as directed" basis including but not limited to A. Review of and development of recommendations on redevel- opment proposals involving the Main Street Pedestrianway and/or its linkages. B. Locating the tagging approp- riate plant materials and other special features. C. Special presentations. In connection with the Main Street Pedestrianway; and WHEREAS, to complete tbe Ped- estrianway design and construc- tion in Two Phases, it is necessary to extend the above mentioned Contract completion time and to provide additional compensation for the continuation of services by Barton-Aschman Associates, Inc.; now therefore BE IT RESOLVED BY THE COUNCIL OF TIIE CITY OF DU- BUQUE, IOWA: Section 1. That the City Manager be and he is hereby authorized and directed to enter into a Supple- mental Agreement to the Contract dated July 22, 1969, with Barton- Aschman Associates, Inc. to pro- vide for the continuation of serv- ices during the design and con- 162 straction stage of Phase II of the Main street Pedestrianway, Iowa R-15, at an additional east not to exceed $12,000. Passed, approved and adopted this 19th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Couneilman Pregler. Carried by the following vote: Yeas-Mayor Couctunan, Coun- eilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays-None. RESOLUTION No. 111.71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubnque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. H. W. Shetler, 1902 Central Ave. BE IT FURTHER RESOLVED that the honds filed with the ap- plication he approved. Passed, adopted and approved this 19th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Wayne A. Moldenhauer Joseph J. Bitter Couneilmen Attest: Leo F. Frommelt City Clerk Couneilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couetunan. Carried by the following vote: Yeas-Mayor Couctunan, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Special Session, April 19, 1971 RESOLUTION No. 112-71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT The Dungeon Ltd., 3rd & Locust St. Passed, adopted and approved this 19th day of April, 1971. Gaylord M. Couetunan Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Conncilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couctunan. Carried by the following vote: Yeas-Mayor Couctunan. Couneil. men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. RESOLUTION No. 113-71 WHEREAS, applieations for Beer Permits were filed by the within uamed 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 he and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT The Dungeon Ltd., 3rd & Locust St. BE IT FURTHER RESOLVED that the honds filed by sueh appli- ants he and the same are hereby approved. -:r 7. Special Session, April 19, 1971 163 Passed, adopted and approved this 19th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote; Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. RESOLUTION No. 114-71 WHEREAS, applications for Liquor Permits have been submit- ted to this Couneil for approval and the same have been examined, NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the fol- lowing applications be granted and licenses issued upon the compliance with the terms of the IOWA I LiQUOR CONTROL ACT-CHAP- TER 123-0s amended by tbe 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT The Dungeon Ltd., 3rd & Locnst SI. Passed, adopted and approved this 19th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Mayor Couchman. Carried by the fallowing vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. RESOLUTION No. 115-71 WHEREAS, applications for Li- quor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT The Dungeon Ltd., 3rd & L0- cust Street Passed, adopted and approved tlris 19th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couehman. Carried by the following vote; Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. At 9:40 P.M. Councilman Preg- ler moved to go into an executive session to consider a personnel matter in the Fire Department. Seconded by Mayor Couetunan. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. At 10:12 P.M. the Council rE> convened in regular session with the City Attorney making the an- nouncement that a complaint was considered on a city employee ope- rating a business on his own time and on the present showing no basis existed in fact that ealJed for any disciplinary action. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Special Session, April 19, 1971 Special Session, April 29, 1971 164 165 CITY COUNCIL Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Leo F. Frommelt City Clerk Papers within said City. The Dungeon, Ltd., 3rd & Lo- cust Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication he approved. Passed, adopted and approved this 29th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen OFFICIAL Special Session, April 29, 1971. Council met at 4:30 P.M. (C.D.T.) Present - Mayor Couchman, Councilmen Meyers, Moldenhauer, Pregler. City Manager Gilbert D. Chavenelle. Absent - Councilman Bitter. Mayor Couchman read the call and stated that service thereof had been duly made and this meet. ing is called to RECEIVE A STA. TUS REPORT FROM THE OWN- ER OF THE PROPERTY LOCA~ ED AT THE CORNER OF 8th & LOCUST IN THE DOWNTOWN URBAN RENEWAL PROJECT AREA and acting upon such other business as may properly eome before a regular meeting of the City Council. Approved .................................. 1971. Adopted .................................... 1971. Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Pregler. Nays - None. Absent - Councilman Bitter. RESOLUTION No. 117-71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the eompliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Herbert F. Bisping, 1401 Elm Street Richard N. Stecklein, 450 West L0- cust Street Karl Henry Oleson, 1701 Asbury Street Raymond Ney, 2186 Central Ave- nue Denise O'Neill, 55 Locust Street Passed, adopted and approved this 29th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen .......................-............................................. .."..-.......-............................""""""""""" ....................................................................... -....................................................................- April 29, 1971 To the Honorable Mayor and City Council I have granted a permit to Thomas King a student at Loras College to conduct a memorial service at Town Clock Square on April 30th at 7:00 P.M. I have had this checked out by Mr. Don Leopold, our Ad Hoc Plaza Com. mittee, in order to insure that there would be no conflicts, and I have arranged that the petitioner will see Mr. Paul Kalb and the Chief of Police today. Would you be good enough to affirm this action. Respectfully, Gilbert D. Chavenelle City Manager Mayor Couchman moved affir. mation of the action taken by the City Manager. Seconded by Coun- eilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Pregler. Nays - None. Absent - Councilman Bitter. I RESOLUTION No. 116-71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ci- garettes within the City of Du- buque, Iowa, he granted a permit to sell Cigarettes and Cigarette ""'-"""""""""'-"""ëõüñëüñïëõ"""'" .............................. Attest: """"ë¡ïŸ"'ëJ.erk Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried "'.,., Special Session, April 29, 1971 was consulted by the Council and advised against an exeeutive ses- sion. There was an agreement made by both the City and Fischer Investment to buy and sell the property and there reallY is noth- ing new. It should also be borne in mind that other people were inter- ested in the sale of the property at the time. Mr. Louis pfohl was in attendance and stated that he was under the impression that the mat- ter would be discussed in an exeeu- tive session. He would not discuss the status of the property in an open meeting because he had no legal counsel with him. He did not want to be put under pressure. Councilman Moldenhauer moved that the Mayor attempt to re- schedule a meeting with Mr. Pfohl to diseuss the matter he was con- cerned about. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas-Mayor Couctunan, Council- men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. There being no furiher business Mayor Couctunan moved to ad- journ. Seconded by Councilmau Pregler. Carried by the following vote: Yeas-Mayor Couctunan, Council. men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. Leo F. Frommelt City Clerk 166 by the following vote: Yeas - Mayor Couctunan. Coun- cilmen Meyers, Moldenhauer, Pregler. Nays-None. Absent - Councilman Bitter. RESOLUTION No, 118-71 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 Couneil of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Herbert F. Bisping, 1401 Elm Street Richard N. Stecklein, 450 West Lo- cust Street Karl Henry Oleson, 1701 Asbury Street Raymond Ney, 2186 Central Ave- nue Denise O'Neill, 55 Locust Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 29th day of April, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by tbe following vote: Yeas - Mayor Couehman, Coun- cilmen Meyers, Moldenhauer, Pregler. Nays - None. Absent - Councilman Bitter. The Council discussed the mat- ter of going into an executive ses- sion, to consider the status of the property at 8th and Locust, owned by the Fischer Investment Co., in the Urban Renewal area. City Attorney Romola N. Russo Approved .................................. 1971. Adopted ..............."................... 1971. ..................-......-................................................ .........................................................................-.. ............................-................................................. ......................................................... """"""""""""""-"""""""""'CöüïïëiÏÏiiëiï'" Attest: """"""""""""'citÿ"ëi~~k"" Regular Session, May 3, 1971 167 CITY COUNCIL OFFICIAL Regular Session, May 3, 1971. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Couehman, Councilmen Meyers, Moldenhauer, Pregler. City Manager Gilbert D, Chavenelle, Absent-Councilman Bitter (out of city). Mayor Couchman read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEET. ING of the Council called for the purpose of acting upon such busi- ness as may properly come before the meeting. Communication of Councilman Joseph J. Bitter expressing regret as not being able to attend the Council meeting as he was called out of town on business, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. Communication of State Depart- ment of Health issuing permit No. 71-93-S for Water Main Extension in Peru Road, 2897.6' of 15" S.P. Notice No. 71-36-W, presented and read. Councilman Pregler moved that the communication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. Communication of Earl G. Aron- son objecting to the removal of a street light from 684 Kane Street in July 1970, evidently given the promise that it would he replaced, but has not been done so by the Power Company, presented and read. Mayor Couchman moved that the communication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg. ler. Nays-None. Absent-Councilman Bitter. Communication of Board of Dock Commissioners recommending de- nial of Paul Henkel's request for replacement of a boat ramp that was removed in the construction of the flood gates, presented and read. Councilman Meyers moved tha the communication be received and field. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas-Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg. ler. Nays-None. Absent-Councilman Bitter. Communication of Ronald G. Rauch making inquiry as to what, if anything, has been done as to a recycling center for aluminum, presented and read. Mayor Couch- man moved that the eommunica- tion be received and filed and re- ferred to the City Manager. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. Communication of Low Rent Housing Commission submitting minutes of their meeting held on April 20, 1971, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the fallowing vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. April 27, 1971 The Honorable Mayor and Members of the City Council. In accordance with the provi- sions of Chapter 365 of tbe Code of Iowa, 1966 the Civil Service Commission conducted Promotion- al examinations on April 17, 1971, for members of the Police De- partment for Captain and Ser- geant-Detective. The following members of the Police Department passed the writ- ten examinations with an average of seventy per cent or better.