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1971 May Council Proceedings 166 Special Session, April 29, 1971 by the following vote: Yeas - Mayor Couchman, Coun, cilmen Meyers, Moldenhauer, Pregler, Nays - None, Absent - Councilman Bitter, RESOLUTION No. 118.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that tbe 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 Ricbard 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. Moidenhauer Donald R. Meyers Councilmen Attest: Leo F, Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution- Seconded by Councilman Pregler, Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Pregler, Nays-None, Absent - Councilman Bitter, 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 Romolo N, Russo "" was consulted by the Council and advised against an executive ses. sion, There was an agreement made by both the City and Fischer Investment to buy and sell the property and there really is noth- ing new. It should also be borne in mind that otber people were inter. ested in the sale of the property at the time. Mr. Louis Pfohl was in attendance and stated that he was under the impression that the mat- ter would be discussed in an execu- tive session. He would not discuss the status of the property in an open meeting because he had no legal counsel with him. He did not woot to be put under pressure, Councilman Moldenhauer moved that the Mayor attempt to re- schedule a meeting with Mr, Pfohl to discuss the matter he was con. cerned about. Seconded by Mayor Couchman, Carried by the follow- ing vote: Yeas-Mayor Couchman, Council. men Meyers, Moldenhauer, Pregler, Nays-None, Absent-Councilman Bitter- There being no further business Mayor Couchman moved to ad- journ- Seconded by Councibnoo Pregler, Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler, Nays-None, Absent-Councilman Bitter, Leo F, Frommelt City Clerk Approved ...nn,nnnmn...nnnn"" 1971. Adopted ...nnnnnnn,n..."n,......n 1971. .........-..,.....-..,..,-.......,......--......,.....--....."...--.. -....,................,..,..............m_..""""""""""""""""" .....................-...-........,........................................,.. .......,....-............"...........,-......-..,--...........,....,. ...m""""""'-"""'-"""""""""ëöïïñöiïïiiëiï" Attest: 'n".."""n'..n"n'ëiïÿnëi~;k'n' Regular Session, May 3, 1971 167 CITY COUNCIL OFFICIAL Regular Sassi on, Mav 3, 197]. Council met at 7:30 P.M. (C.D,T,) Prasent - Mavor Couchman, Councilmen Mevers, Moldenhauer, Pregler, City Manager Gilbert D, Chavenelle. Absent-Councilman Bitter (out of citV), Mayor Couchman read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEET. ING of the Council called for the purpose of acting upon such busi- ness as may properly come before the meeting, Communication of Councilman Joseph J. Bitter expressing regret as not being able to attend the Council meeting as he was called out of town on business, presented and read, Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Pregler, Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler, Nays-None, Absent-Councilman Bitter. Communication of State Depart- ment of Health issuing permit No, 71-93-S for Water Main Extension in Peru Road, 2897,6' of 15" S.P, Notice No. 71-36-W, presented and read, Councilman Pregler moved that the communication be re- ceived and filed, Seconded by Councilman Meyers- Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler, Nays-None, Absent-Councilman Bitter, Communication of Earl G, Aron- son objecting to the removal of a street light from 684 Kane Street in July 1970, evidently given the promise that it would be replaced, but has not been done so by the Power Company, presented and read. Mayor Couchman moved that the communication be received and filed, Seconded by Council- man Pregler, Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun. 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 communica. tion be received and filed and re- ferred to the City Manager, Sec. onded by Councilman Pregler, Car. ried by the following vote: Yeas-Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, preg. ler, Nays-None, Absent-Councilman Bitter, Communication of Low Rent Housing Commission submitting minutes of their meeting held on April 20, 1971, presented and read, Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Meyers, Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg. ler. Nays-None. Absent-Councilman Bitter. April 27, 1971 The Honorable Mayor and Members of the City Council. In accordance with the provi. sions of Chapter 365 of the Code of Iowa, 1966 the Civil Service Commission conducted Promotion. al examinations on April 17, 1971, for members of the Police De- partment for Captain and Ser. geant-Detective. The following members of the Police Department passed the writ- ten examinations with an average of seventy per cent or better. Regular Session, May 3, 1971 Regular Session, May 3, 1971 Mullady, Judd R. 75% Bradac, Theodore G. 73% Respectfully submitted, LeRoy H. Giles Chairman Louis F. Fautsch Gerard B. Noonan Civil Service Commision Attest: Leo F. Frommelt City Clerk Subscribed and SWorn to before me this 3rd day of May 1971. Eugene J. Berens Notary Public Councilman Meyers moved that the communication be received and made a matter of record, Second. ed by Councilman Pregler. Car. ried by the following vote: , Yeas - Mayor Couchman, Coun. cilmen Meyers, MOldenhauer, Preg. ler. Nays-None. Absent-Councilman Bitter, April 22, 1971 To the Honorable Mayor and City Council I submit the letter of Mr. Ro- bert J. Dyer, dated April 19th, in- dicating that the Interstate Power Company will discontinue bus ser. vice on Monday and Friday even. ings in Dubuque, effective June 1, 1971. Respectfully, Gilbert D. Chavenelle Councilm~~ty Pr~=~~g'::;oved that I the communication be received and and filed. Seconded by Mayor Couchman. Carried by the follow. ing vote: Yeas - Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. Nays - None. Absent - Councilman Bitter, April 26, 1971 To the Honorable Mayor and City Council Commissioner John Sherman presented the 1970 report of the County-City Authority on April 23, I submit it to the Council for consideration. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the report be received and filed. Seconded by Councilman Mold<:n- hauer. Carried by the followiñg ""Ie: 168 169 Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg. ler. Nays - None. Absent - Councilman Bitter, April 23, 1971 To the Honorable Mayor and City Council I herewith submit the reports of the Water Superintendent and Health Department for the month of March 1971. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer,Preg. ler. NaYS-None. Absent - Councilman Ritter. Proof of Publication, certified to by the Publisher, of Statement of Receipts and Disbursements, also a list of claims for the month of March 1971, presented and read, Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg. ler. Nays - None. Absent - Councilman Bitter. ApriJ 29, 1971 To the Honorable Mayor and Members of the City Council This is to advise that I have ap- proved the following policies and bonds, and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY Fischer and Company, Inc" Eta!., Bituminous Casualty Corporation Richard J. Schlitz, DBA: Key City Contractors, Wolverine Insur- ance Company SIDEWALK James G. Becker, Western Surety Company Albert W. Clark, Merchants Mutual Bonding Company Link Construction Company, John T. Link DBA, United States Fi. delity & Guarooty Co. Frank E. Miller, United Fire & Causalty Co. Raphael H. Strub, Western Surety Company 77.0% 72.5% 71.0% 70.0% Simon, Thomas A. Andresen, James P. Pregler, John P. Weber, Edward J. C.'\PTAINS Lanobert, Terrance F. Egan, Patrick J. Hynes, James C, 73.5% 72.4% 70.8% LIEUTENANTS Kann, Ronald T. McCoy, John B, Miller, William T. Massey, Robert R. Lampers, John M. Boland, Robert C. SERGEANT.DETECTIVE Mauss, John J. 84.5% Koerperich, Ronald L. T, 78.5% GoIinvaux, Cletus J. 76,0% Oswald, Cyril W. 73,5% Lehman, Eugene J. 73,0% Sand, Michael W. 73.0% Kisting, Mark H. 72,0% Sjobakken, Gerald M. 72,0% Hirsch, Gerald L. 70.5% AIl promotions from the Police Department should be made from this list. 81.1% 76.4% 75.2% 74.1% 73,5% 71.7% EQUIPMENT OPERATORS Kluesner, David F. 76,2% Jochum, Wayne F. 71.2% All promotions from the Fire Department should be made from this list. Respectfully submitted, LeRoy H. Giles Chairman Gerard B. Noonan Louis F. Fautsch Civil Service Commision Respectfnlly submitted, LeRoy H. Giles Chairman Gerard B. Noonan Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt City Clerk Subscribed and sworn to be. fore me this 28th day of April, 1971. Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 26th day of April 1971. Eugene J. Berens Notary Public Councilman Meyers moved that the communication be received and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Meyers, Moldenhauer,Preg- ler. Nays - None. Absent - Councilman Bitter. Eugene J. Berens Notary Public Councilman Meyers moved that the communication be received ood made a matter of record. Se. conded by Councilman Pregler, Carried by the following vote: ' Yeas - Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent - Councilman Bitter. April 27, 1971 The Honorable Mayor and Members of the City Council, In accordooce with the provi. sions of Chapter 365 of the Code of Iowa, 1966, the Civil Service Commission conducted Promotion- al Examinations on April 17, 1971 for members of the Fire Depart. ment. The following members of the Fire Department have passed the written examinations with an ave- rage of sventy percent or better. May 3, 1971 To the Honorable Mayor and Members of the City CounciL In accordance with the provi. sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted Entrance Examination on March 3, 1971, for applicants to the Police Depart- ment. The following have passed both the written and physical examina tions and are hereby certified for appointment to the Police Depart- ment. Dolphin, Dennis E. Weis, Dave J. Schmitt, John C. Key, Eugene P. CAPTAINS Miller, James C, Deckert, John J. Udelhofen, Gerald L. Remington, Maurice W. Link, Lyle R. Ruden, Richard W. 82.0% 80,5% 80,5% 79.5% 79.0% 79.0% 94% 67% 66% 75% ....... 170 Regular Session, May 3, 1971 J. W. Hansen Construction Co., Merchants Mutual Bonding Co, Respectfully, Gilbert D. ChaveneIle City Manager Councilman Pregler moved that the policies and bonds be filed subject to approval of the City At torney, Secondod bv Mavnr Co,,"> man. Carried by the following vote. Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent - Councilman Bitter. April 29, 1971 To the Honorable Mayor and City Council I am returning to you the peti- tion of Mrs, Kenneth W, Ring ob- jecting to businesses being ope- rated in residential areas at 2782 Buena Vista Street and 105 West 17th Street Also, I am returning a petition by which the signers indicate that they have no objec- tion to the operation being con- ducted at 105 West 17th. At Council meeting February 15th, the problem raised by the Ring petition was discussed and an oral presentation made that the operation being carried on was educational and as such was in conformity to the zoning ordi- nance, The matter was then re- ferred to the city attorney and manager for investigation and re- port. This report consists of the fol- lowing materials which I am en- closing for your consideration: Opinion of the city attorney; letter dated April 28 Report of city inspectors, 2782 Buena Vista, dated February 4 Report of city inspectors, 105 West 17th Street, dated Febru- ary 4 Letter from the building com- missioner, dated April 29 The inspector's reports indicate that figurines and finishing ma- terials are being sold at residen- tial locations, 2782 Buena Vista and 105 West 17th. The city attorney in his letter states his opinion that the opera- tion of either premises under con. sideration is not an educational use exemption under the zoning ordinance, The building commissioner in his letter states that there is a violation of the zoning ordinance, and notice should be given to stop within a specified time. I recommend that the building commissioner be instructed to send notice to the concerned per- sons to cease the conduct of their figurine business within a period of thirty (30) days, RespectfuIly submitted, Gilbert D, ChaveneIle City Manager Mayor Couchman moved appro- val of the recommendation. Se- conded by Councilman Molden- hauer, Carried by the foIlowing vote: Yeas ~ Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler, Nays - None. Absent - Councilman Bitter, Communication of Catholic Cha- rities Advisory Board members describing how Mrs, Grace's ef- forts were helpful to the unwed mothers living in the old east wing of Mercy Hospital, in teaching them how to paint figurines in her shop, and it should be con- sidered an educational center ra- ther than a commercialized busi- ness, presented and read. Mayor Couchman moved that the com- munication be received and filed. Seconded by Councilman Pregler. Carried by the foIlowing vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays - None. Absent - Councilman Bitter. Communication of Richard & Theresa Pluym requesting rezon- ing of Lot 2 of Lot 3 of City Lot 674 at 105 W, 17th Street for Lo- cal Business A District, presented and read, Councilman Meyers moved that the communication be referred to the Planning & Zoning Commission, Seconded by Mayor Couchman. Carried by the foIlow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays - None. Absent - Councilman Bitter, Mayor Couchman moved that the rules be suspended in order to let anyone present address the Council if they so desire, Second- ed by Councilman Pregler, Car- ried by the foIlowing vote: Yeas - Mayor Couchman, Coun- Regular Session, May 3, 1971 171 cilmen Meyers, Moldenhauer, Preg- ler. Absent-Councilman Bitter. Nays-None. Attorney Wm. T. Connery re- presenting Mrs, Grace stated that she is making educational use of the property at 2782 Buena Vista street, The place has been in ope- ration for eighteen years, Mr. Con- nery requested that the Council view the grounds. Mrs. Ken Ring inquired if Mrs, Grace has a retail sales permit Mr. Arthur Ott stated that a person could be educated in a place of business same as in a house. Various women spoke in behalf of Mrs, Grace's shop as stu- dents, Mrs. Richard Pluym spoke in behalf of her figurine shop at W. 17th Street by stating that I when she bought the place there was a business there at the time, Petition of Mrs. James Steuer et al (230 names) requesting that Mrs. Pluym of 135 W. 17th street be aIlowed to operate the figurine shop she Owns and if the property must be rezoned to accomplish this to consider this a petition for that purpose, presented and read. Councilman Meyers moved that the petition be referred to the Plan- ning & Zoning Commission, Se- conded by Mayor Couchman, Car- ried by the foIlowing vote: Yeas - Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler, Nays - None. Absent - Councilman Bitter, April 22, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a pro- posal to vacate an aIley that inter. sects with Marquette Street and dead-ends one lot depth away from Marquette Street, in the City of Dubuque, Iowa. n was the opinion of the Com- mission that there is no need for this right-of-way and that there is no other forseeable public need for this property. RespectfuIly submitted, City Planning and Zo- ning Commission Don Gilson City Planner Councilman Meyers moved that the communication be referred to the City Manager and staff. Se- conded by Councilman Pregler. Carried by the foIlowing vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays - None. Absent - Councilman Bitter. April 28, 1971 Hon, Mayor and City Council On April 1, 1971, Vera F. Waite, 2075 Sunnyview Drive, this city filed claim against the City of Du- buqne in the amount of $30,90, said amount being plumber's ser- vices, which aIlegedly were re- quired as the result of a sewer back up in her home on March 3, 1971. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office on April 23, 1971 of no liability on the part of the City and in view of the foregoing it is the recom- mendation of the City Attorney that the claim of Vera F. Waite be denied. Original claim is attached here- to. RespectfuIly submitted, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation, Se- conded by Mayor Couchman, Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler, Nays-None. Absent - Councilman Bitter. April 27, 1971 Hon. Mayor and City Council On March 5, 1971 Kenneth M. Roeth of 2020 Key Largo Drive, this city, filed claim against the City of Dubuque in the total amount of $442.49 alleging that said damages occurred on several occasions since June 1969 as the result of sewer back up in his basement and aIlegedly ruining furniture and clothing in his basement This matter was referred to the appropriate City Agency who made an investigation thereof and reported by letter to this office of no liability on the part of the City and in view of the foregoing it is the recommendation of the City 4.ttorney that the foregoing claim be deuied. 172 Regular Session, May 3, 1971 Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Conncilman Meyers moved ap- proval of the recommendation. Se- conded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent - Councilman Bitter. Communication of Dubuque Hu- man Rights Commission advising of temporary leave of absence of Mrs. Jamison, as Director, from June 1 to September 1, subsequent- ly appointing Commissioner Alfred Moran to serve as interim Dire.,. tor, presented and read. Mayor Couchman moved that the com- munication be received and filed and approved the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer,Preg- ler, Nays-None. Absent - Councilman Bitter. Commnnication of Chubb &. Son Inc, requesting authorization to re- lease the blastin~ bond of the Mo- bil Oil Corporation coverin~ the blasting of chemicals at Virginia Carolina plant at E, 7th &. Com- mercial Street, presented and read, Mayor Couchman moved that the communication be referred to the City Solicitor, Seconded hy Councilman Pre~ler. Carried by the followin~ vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler, Nays-None. Absent - Councilman Bitter. Notice of claim of Gary Wi]- liam Meyers, in the amount of $300" for car damage and nerso- nal injuries received as the re- sult of driving into a pile of de- bris In the street at In55 Wood on April 9, 1971, presented and read. Councilman Mevers moved that the notice of claim be re- ferred to the City Solicitor for In- vesti~ation and renort, Seconded by Councilman Moldenhauer. ear- ried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent - Councilman Bitter. Notice of claim of J. D. Kisting, in an approximate amount of $35.00, for car damage incurred as the result of striking a rock in aU excavation near Janlln Plasti~ on Kerper Blvd. on April 28, 1971, presented and read, Councilman Meyers moved that the notice of claim be referred to the City S0- licitor for investigation and re- port. Seconded by Councilman Mol- denhauer, Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg. ler. Nays-None. Absent - Councilman Bitter. April 21, 1971 Honorable Mayor and Council Members The City Planning and ZoniDg Commission has reviewed a pro- posal to vacate an alley that lies east of Alpine Street and north of the vacant Del-Farms store on Dodge Street, in the City of Du- buque, Iowa. This alley is not used as a tbrn.way nor as an ac- cess to any individual piece of property. It was the opiuion of the Com- mission that there is no need for this right-of-way and that there is no forseeable public need for this property. Respectfully submitted; City Plooning and Zon- ing Commission Don Gilson City Plooner Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Moldenhauer. Carried by the fol. lowing vote: Yeas-Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. ORDINANCE NO. 19-71 An ordinance vacating allav IV. ing east of Alpine Street and between Roeder 5 t r e e t and Dodge Straot In the City of Du- buqua, Iowa and disposing of Interost In same, presented and read. Regular Session, May 3, 1971 173 Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. Councilman Meyers moved that the rule requiring 00 Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. ORDINANCE No. 19.71 Ordinance vacating allev Iving 'I east of Alpine Street and be. tween Roeder Street and Dodga Street In the City of Dubuqua, Iowa and disposing of Interest in same. WHEREAS, S &. A. Realty, Co., a Missouri corporation have peti- tioned the City Council for the vacation of the alley lying east of Alpine Street and lying between Reeder Street and Dodge Street in the City of Dubuque, Iowa and also petitioning for the purchase of same in connection with the petitioners acquiring what is com. monly described as the Del-Farm Store property, and WHEREAS, said alley has never been opened for public travel, and, WHEREAS it would serve the best public interest that said alley be vacated and the interests of the City therein be disposed of and conveyed to the petitioners, and WHEREAS, the Planning ood Zouing Commission of the City of Dubuque, Iowa has approved the vacation of said alley: NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Saction I. That the alley lying east of Alpine Street and lying between Reeder Street and Dodge Street in the City of Dubuque, Iowa he and the same is hereby vacated. Section 2. That the City Clerk be and he is hereby ordered to file certified copy of this Ordinance 'I in the office of the County Record. er, Dubuque County, Iowa. Passed, approved and adopted this 3rd day of May, 197I, Gaylord M. Couchman Mayor Walter A. Pregler Wayne A, Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Published officiaIIy in the Telegraph-Herald Newspaper this day of umumum., 1971. Leo F. Frommelt City Clerk. Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Pregler, Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. April 26, 1971 Honorable Mayor and Council Members The City Planuing and Zouing Commission has held a public hear- ing on a proposal to have Article N, Section 2(h) amended to in- clude Lot 2 and Lot 3 of Sidouia Hosford's Subdivision, in the City of Dubuque, Iowa. This would au. thorize professional offices as a permitted use in the Multiple Res- idence District. It was pointed out that the pro. posed zoning ordinance classifies this area as Hospital.Medical, and that the uses that would be per- mitted in the professional classifi- cation would also be permitted in the Hospital-Medical classification after adoption of the new zouing ordinance. It is the recommendation of the Planning and Zoning Commission that the request be approved, Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved to concur in the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Councilman Bitter. 174 Regular Session, May 3, 1971 ORDINANCE NO. 20.71 An Ordinance amending Ordi. nance No. 3-34 konwn as the Zon- ing Map and Zoning Ordinance of the Citv of Dubuque, Iowa, bV amending Article IV, Section 2 h) thereof to include certain d.. scribed real estate in which pro. fessional offices or studios of a phvsician, dentist, architect, en. gineer, lawver, realtor, insurance, musician or similar professions mav be permitted, (Lots 2 and 3 of Sidonia Hosford's Sub.) presented and read. Mayor Couchman moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None, Absent-Councilman Bitter. Mayor Couchman moved that the rule requiring an Ordinance to be read on three separate days be waived, Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. Mayor Couchman moved that a public hearing be held on the Or- dinance on June 7, 1971, at 7:30 o'clock P.M, Central Daylight Time, in the Council Chamber at the City HalI and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Seconded by Councihnan Meyers. Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers. Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. April 22, 1971 Honorable Mayor and Council Members The Planning ood Zouing Com- mission has held a public hearing on a proposal to classify as Multiple Residence District property de- scribed as: Lot 1 of 1 of 1 of 1 of 1 of 1 and Lot 2 of Lot 1 of Mineral Lot 324 South V. of the Northwest ¥4 of Section 12 Lot 1 of the North 'h of the Southeast V. of the Northwest 'h of Section 12 Lot 1 of Mineral Lot 325 Lot 3 of the Northwest V. of the Northwest ¥4 of Section 12 All in T89N, R2E of the 5th P,M. The Commission found that this area is a part of the Stone Hill Community and that planning for this area has envisioned that the area along Peru Road wilI be de- veloped for moderate and high den- sity residential uses. It is the recommendation of the Planning and Zoning Commission that this proposal be approved. RespectfulIy submitted, DON GILSON City Planner Councilman Meyers moved to concur in the recommendation. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. ORDINANCE NO. 21.71 An Ordinance zoning and classi. fying recentlv annexed territorv to the Cityof Dubuque, Iowa as a "Multiple Residence District" which real states is hereinafter described, (Manternach Mobile Home property) presented and read. Mayor Couchman moved that the reading just had be considered the fi:st reading of the Ordinance. Seconded by Councilman Meyers. Carried by the folIowing vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler, Nays-None. Absent-Councilman Bitter. Mayor Couchman moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councihnan Meyers. Carried by the following vote: Yeas-Mayor Couchmoo, Council- men Meyers, Moldenhauer, Pregler. Nays-None, Absent-Councilmoo Bitter. Mayor Couchman moved that a public hearing be held on the Ordi- nance on June 7, 1971, at 7:30 o'clock P.M. Central Daylight Time, in the Council Chamber at the City HalI and that the City Clerk be instructed to publish notice of the hearing in the m3nner re- quired by law, Seconded by Coun- cilman Meyers. Carried by the fol. lowing vote: Regular Session, May 3, 1971 Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays-None, Absent-Councilman Bitter, April 29,1971 To the Honorable Mayor and City Council I am submitting for your consid- eration an ordinance authorizing and regulating the construction of a marquee at 1654 Central Avenue. I recommend the proposed ordi- nance, RespectfulIy, Gilbert D, Chavenelle City Manager Councihnan Meyers moved ap- proval of the recommendation. Sec- onded by Councilman Pregler, Car- ried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. ORDINANCE NO. 22-71 An Ordinance authorizing Ralph Sartor to construct alumuinum canopv at 1654 Central Ave. on N. 277" of M]/5 of City Lot 441, presented and read. Councihnan Meyers moved that the reading just had be considered the first reading of the Ordinance, Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couch- man. Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Preg. ler. Nays-None. Absent-Councilman Bitter. ce",e a", malola'" - --..-" ... '... --- Ceoleal Ave""e ,"de< Ihe te,m, "d co"dit'", ,., lo"h I" IhI, O,dl",",e. Se<"" 2. Thol ,"ch CO""'"c!;" "'ell be do," i" ecwd"ce wllh pl"s he"'of"e ,ubmilled bv pe,- 175 ooteal Ave"ue; bJ To pav O" behall of Ihe CIIy of Dubuque ell ,"m, which the CIIy of D,b'eoe "'all become obi" ,",,O" of the 'pO" the ClIy "V ; cJ To i"dem""v "d hold CIIy of D,b",e f'ee "d h"mle" from "V eed all claim" 1°'" lIeblilly "d expe",e fo, '"'ucle, to thl'd ,," o"m- seC!;o. ,. .""fed ¡, pe,mitte" "'ould Ihe thel, -...-.-- "--'W' -w'"," "' ~.,:i'il'f- tm bv accept"ce e"do"ed O" this O,d'","ce, P"'ed, edopted "d e...oved this ',d dev of Mev, A.D., 1971. Gevlo'd M. Co'ohm" Mam Welle, A, P'esle, Way," A. Mo,de"he"", Do",ld R. Mev"" Co,"cllme" ATTEST, Leo F, F'ommelt, Cily Cleek, Acceptance of Ordinance No. 22.71 The undersigned having read and being familiar with the terms and conditions of Ordinance No, 22.71 hereby for themselves, their successors or assigns, as owners of the abutting property accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees, Dated May 10, 1971. Is/Ralph F. Sartor Property Owner Published officially in the Tele- 176 Regular Session, May 3, 1971 graph Herald Newspaper this 13th day of May, 1971. Leo F. Frommelt City Clerk. 1 t. 5/13 Councilman Meyers moved final adoption of the Ordinance. second-¡ ed by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Council, men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilmoo Bitter. ORDINANCE NO. 23-71 An Ordinance amending Ordi- nance No. 33-49 known as the "TraHic Code of Dubuque, Iowa" es amended, bV repealing Sub- section 14 of Section A of Sched- ule IV thereof which limited the parking of motor vehicles from 9:00 A.M. to 6:00 P.M. on the north sida of East Twenty-Second Street from White Street to Cen- tral Avenue, presented ood read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilmoo Meyers. Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler, Nays-None. Absent-Councilman Bitter. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler, Nays-None. Absent-Councilman Bitter. known buo"" h...ebv amend'" ov "....."" .uo""- tIon14ofS",tionAofSdoedoIeIV Ibe- and "me f, he"by "pea"" end of no furth" fn<" n< e""", Pa""', a..r"'" end ado"" fbi' 3o'd dav ATTEST, Leo F. Frommel' CftY CIe"'. publl,hed ollldaliv In The Tel.."'" ".,.Id New,.e." Ibl, 6th dav of Mav 1971. Leo F, F"mmelf CItY Cle"'. 1t. Sf. Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Meyers, Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter, ORDiNANCE NO. 24-71 An Ordinance amending Orl- nonce No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended bV repealing Sub- section 23 to Schadula VI and enacting a new Subsection 23 to Schedule VI in lieu thereof to prohibit parking of motor ve- hicles on the south side of East Twenty.Second Street from Wind $Or Avenue to Stafford Avanue and tho north side of East twen- tv-Second Street from Jackson Street to Central Avenue, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. Councilmoo Pregler moved that the rule requiring 00 Ordinance to be read on three separate days be waived. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. Regular Session, May 3, 1971 177 end the Nnrth SIde 0' Ea" Twe~ tY-S"'ond St"" "'m J"'eon St".. fo Cent", Avenoe. Pm"', a.. roved and ado.t", Ib', "d dav of Moo, 1971. Gavl"d M. Coudoman Mam Wolf" A. p,..", Way", A, Moldenh,...- Coo,Id R. Mev". Co.ndlmen ATTEST' Leo F, CI", ft.5/. Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. Petition of Peoples Natural Gas requesting permission to excavate at 2025 AIta Place, presented and read, Councilman Moldenhauer moved that the petition be granted. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Couchman, Council. men Meyers, Moldenhauer, Pregler, Nays-None. Absent-Councilman Bitter. Petition of Richard Construction Co, requesting permission to in. stall boulevard lights in Wildwood Drive, Blocks 10 and II Sunrise Heights Sub., presented and read, Councilman Pregler moved approv- al of the petition subject to ap- proval of the City Manager. Sec- onded by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Couchman, Coun- I cilmen Meyers, Moldenhauer, Preg. ler. Nays-None. Absent-Councilman Bitter, Petition of Fondell & Sons Inc, requesting permission to excavate at 2140 Rhomberg Ave, presented and read. Councilman Moldenhau- er moved approval of the petition. Seconded by Councilman Pregler. Carried by the following vote: Yeas--Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays-None. Absent-Counoilman Bitter. Petition of Allan E. Sigman et al (40 signers) objecting to the spot zoning proposed for the Ang. Ker- per property at 2615 Hillcrest in. tended for funeral home use, pre- sented and read, Councilman Pregler moved that tbe petition be referred to the Planning & Zoning Commission. Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler, Nays-None, Absent-Councilman Bitter. Petition of Wilfred Welter et al (60 signatures) objecting to the proposed establishment and main- tenance of a funeral home at 2615 Hillcrest Road, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commission. Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Coun- oilmen Meyers, Moldenhauer, Preg- ler. Nays-None, Absent-Couneilman Bitter. Petition of William A. & Sarah C. Knapp, by O'Connor and Wright attorneys, requesting a quit claim to Lot 1 of Block 4 in Churchill Heights to David E. Vatt and Mar. jorie R. Vatt to vacate the City's interest in an easement which was purported to have been done by resolution No. 85.65 because Penn- sylvania Avenue had been estaI>. lished north of the lot, presented adn read. Mayor Couchman moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. RESOLUTION NO. 119-71 WHEREAS, William A. Knapp has petitioned the City Council for Quit Claim Deed relating to any interest of City of Dubuque Iowa in and to Lot 1 of Block 4 in Churchill Heights, in the City of Dubuque, Iowa: and WHEREAS, said petitioner reo quests Quit Claim Deed by reason of the fact that easements in favor of the City of Dubuque, Iowa in and to Block 4 in Churchill Heights together with easements of other property which were executed in favor of City of Dubuque by reason of dedications in the plats of Churchill Heights and which ease- ment wa Ssubsequently vacated in 178 Regular Session, May 3, 1971 Resolution No, 85-65 of the City I of Dubuque, Iowa, passed, approved. and adopted on April 5, 1965. Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Sec. I. That disposal of any and all interest of City of Dubuque, Iowa in and to Lot 1 of Block 4 of "Churchill Heights" in the City of Dubuque, Iowa as vacated be and the same is hereby approved, and that said disposal of interest to owner in title th.ereto be upon pay- ment of costs of publication and recording fees, Sec. 2. That the City Clerk be and he is hereby ordered to publish no- tice to dispose of interest in real estate as is by law required. Passed, approved and adopted this 3rd day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adoption of the resolution, Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler, Nays-None. Absent-Councilmoo Bitter. Petition of Cosimo's Inc. request- ing a refund of $100 on the un- expired portion of Class B Beer license No. 106, as they have dis- continued business on 4-26-71, pre- sented and read, Councilman Preg- ler moved that the refund be grant- ed and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. Petition of Mrs, Josephine Burke requesting a refund of $125 on the unexpired portion of Liquor Li- cense No. C.1558, as they have dis- continued business on 4-1-71, pre- sented and read. Councilman Preg- ler moved that the refund be grant- ed and the Auditor instructed to issue proper warrant. Seconded by Councibnan Meyers, Carried by the following vote: .,,-- Yeas-Mayor Couchman, Council, men Meyers. Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. Petition of Rafoth Furnace & Sheet Metal Works requesting a re- fund of $5.00 as the result of pur- chase of a duplicate air condition- ing permit issued at the Immanuel Church job, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler, Nays-None. Absent-Councilman Bitter. April 26, 1971 The City Planning and zoning Commission has reviewed a final plat of LotA, Block 10 in "Sunrise Heights" Subdivision, in the City of Dubuque, Iowa, The Commission has found that the plat meets the minimum re- quirements of the oubdivision regu- lations and is in conformance with the plan for the area. It is the recommendation of the Planning and Zoning Commission that the plat be approved. Respectfully Submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved that the recommendation be received and filed, Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. RESOLUTION NO. 120-71 RESOLUTION APPROVING PLAT OF THE SUBDIVISION OF LOT A, BLOCK 10 "SUNRISE HEIGHTS" IN THE CITY OF DUBUQUE, IOWA. WHEREAS there has been filed with the City Clerk a plat in which the Subdivision of Lot A, Block 10, "Sunrise Heights" in the City of Dubuque, Iowa is platted as: Lot 1 Lot 2, Lot 3, Lot 4 and Lot 5, each of the Subdivision of Lot A, Block 10, "Sunrise Regular Session, May 3, 1971 179 Heights" in the City of Du. buque, Iowa, and, WHEREAS said plat has been examined by the City Plan Com- mission and had its approval en- dorsed thereon; and, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances re- lating thereto; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, Sec. I. That the above described plat be and the same is hereby ap- proved and the Mayor and Clerk be ood they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 3rd day of May, AD., 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A, Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councibnan Bitter, Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider proposal to dispose of interest in Lot 2 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of 2 of 3 of 1 of Highland Farm Subdivision, subject to reservation of easement, to Clarence J, & Do- lores Arlen, presented and read. No written objections were filed and no oral objectors were presnet in the Council Chamber at the time set for the hearing. Councibnan Meyers moved that the proof of publication be received and filed. Seconded by Councibnan Pregler. Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. RESOLUTION NO. 12].71 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph-Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on April 1, 1971 and April 8, 1971, City Council of Dubuque, Iowa met on the 3rd day of May, 1971 at 7:30 o'clock P.M, Central Daylight Sav- ings Time, in the City Council Chamber, City HalI, Dubuque, Iowa to consider the proposal to dispose of interest of the City of Dubuque to Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 3 of Lot 1 of High- land Farm Subdivision in the City of Dubuque, Iowa, subject to the reservation and acceptance in favor of City of Dubuque for a 20' per- petual easement therein for loca- tion, repair and maintenance of a 12 inch sanitary sewer trunk line and existing 8 inch sanitary sewer and a 42 inch storm sewer together with right in City to remove the existing lift station and togther with right in the City of ingress and egress for the pur- poses of inspection and repair and maintenance to Clarence J. Arlen and Dolores Arlen, and WHEREAS, City Council of Du- buque, Iowa overruled any and all objections oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa in the above described real estate to Clarence J. Arlen and Dolores Arlen; Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Sec. 1. That the disposal of inter- est of City of Dubuque in real estate to Clarence J. Arlen and Dolores Arlen, covering the fol- lowing described real estate, to- wit: Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 3 of Lot 1 of Highland Farm Subdivision in the City of Dubuque, Iowa, subject to the reservation and acceptance in favor of City of Dubuque, for a 20' perpetual easement therein for location, repair and maintenance of a 12 inch sanitary sewer trunk line and an existing 8 inch sanitary sewer and a 42 inch storm sewer together with right in City to remove the 180 Regular Session, May 3, 1971 Regular Session, May 3, 1971 181 existing lift station and togeth. er with right in the City of ingress and egress for the pur- pose of inspection and repair and maintenance for the total purchase price of Two Hundred ($200,00) Dollars paid to the City of Dubuque by Clar- ence J. Arlen and Dolores Arlen for the above described real estate and that the City of Dubuque pay to said Clarence J. Arlen and Do- lores Arlen the sum of Two Hun- dred ($200.00) Dollars for the above perpetual easement be and the same is hereby approved. Sec. I. That the City Clerk be and he is hereby authorized and directed to deliver deed of con- veyance to Clarence J. Arlen and Dolores Arlen upon receipt of total purchase price in the amount of Two Hundred ($200.00) Dollars. Sec. 3. That the City Clerk be ood he is hereby authorized and directed to record a certified copy of this Resolution in the office of the County Recorder of Dubuque County, Iowa. Passed, approved ood adopted this 3rd day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter, April 22, 1971 Honorable Mayor and Council Members The City Planuing and Zoning Commission has reviewed a final plat of Block 16 and Block 17-A in Key Knolls Subdivision, in the City of Dubuque, Iowa. The Commission has found that the plat meets the minimum re- quirements of the subdivision regu- lations and is in conformance with the plan for the area. It is the recommendation of the Plooning and Zoning Commission that the plat be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Council- moo Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. RESOLUTION NO. 122-71 RESOLUTION APPROVING THE PLAT OF BLOCK 16 AND BLOCK 17.A EACH IN "KEY KNOLLS SUBDIVISION" IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 16 and Block 17-A each in "Key Knolls Subdivision" in the City of Dubuque, Iowa, by Hillcrest Build- ers Inc, and WHEREAS, upon said plat ap- pear streets to be known as Hill- crest Road together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its ap- proval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been established, the streets bronght to grade, or paving, sewer or water installed; Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Sec. I. That the dedications of Hillcrest Road together with the easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Sec. 2. That the plat of Block 16 and Block 17-A each in "Key Knolls Subdivision" in the City of Du- buque, Iowa. be and the same is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written ac- ceptance hereto attached agreeing: .. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Hillcrest Road with bituminous concrete, or with concrete pav- ing with integral curb, all in accordance with City of Du- buque standard specifications; b. To install sanitary sewer mains and sewer service laterals in ac- cordance with plans submitted with the plat; c. To install water mains and water service laterals in accord. ance with plans submitted with the plat; d. To install storm sewers and catchbasins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where diretced by the City En- gineer and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications ap- proved by the City Manager, un. der the inspection of the City Engineer, and in a manner ap- proved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Du- buque, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Sub- divider, Hillcrest Builders, Inc., as owner; i. To construct said improvements, except sidewalks, prior to April 5, 1973, and to construct the sidewalks prior to April 5, 1975; and further provided that said Hill. crest Builders, Inc., as owner of said Subdivision, secure the per- formance of the foregoing condi- tions by providing security in such form ood with such sureties as may be acceptable to the City Manager. Sec. 3. That in the event Hillcrest I Builders, Inc.. shall fail to execute the acceptance and furnish the se- curity provided for in Section 2 hereof within 45 days after the date of this Resolution, the pro- visions hereof shall be null and void and the acceptance of the dedication and approval of the plat plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 3rd day of May, A.D., 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 122.71 We, the undersigned Russell L. Rafoth-V.Pres. & Richard V. Hansel- See, have read the terms and condi. tions of the foregoing Resolution No. 122-71 and being familiar with the conditions thereof, hereby ac- cept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa this 18th day of May, 1971. Hillcrest Builders, Inc. Is/Russell L. Rafoth, V.Pres. IslRichard V. Hansel-Sec. To: Leo F. Frommelt City Clerk This is to certify that the secur- ity provided by the foregoing Reso- lution No. 122-71 has been furnish- ed by the owners. Dated at Dubuque, Iowa, this 16th day of June 1971. Gilbert D. Chavenelle City Manager Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following: Yeas-Mayor Couchman, Council- moo Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. RESOLUTION NO. 123.71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval ood the same have been examined: Now Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that the following applications be granted and licenses be issued upon the compliance with the terros of the ordinances of the City. CLASS "B" BE:ER PERMIT Knights of Columbus, 781 Locust Street. Regular Session, May 3, 1971 Regular Session, May 3, 1971 182 183 Passed, adopted and approved this 3rd day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordi- nances relevant thereto and they have filed proper bonds; Now Therefore Be It Resolved by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicoots a Liquor Permit John Francis Hall, 2616 Windsor Avenue. Marco Giunta, 2022 Central Ave. Gust Karigan & Pete S. Sfikas, 401.405 Central Avenue. Jeanann Majerus, 253 Main St mne Meyers, Moldenhauer, Pregler. Nays-None, Absent-Councilman Bitter. There being no further business Councilman Pregler moved to ad- journ, Seconded by Mayor Couch- man, Carried by the folIowing vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays-None, Absent-Councihnan Bitter. Leo F. Frommelt City Clerk CLASS "C" BEER PERMIT Carl Van Duelman, 590 Clarke Drive. Passed, adopted and approved this 3rd day of May, 1971. Gaylord M, Couchman Mayor Walter A Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F, Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer, Car- ried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilman Bitter. Approved """"------"'---.---.....n.....1971 CLASS "C" COMMERCIAL ESTABLISHMENT Raymond Ney, 2186 Central Ave. D. B. Q., Inc" 4th & Locust St. Denise O'Neill, 55 Locust Street. Jeanann Majerus, 253 Main St Passed, adopted and approved this 3rd day of May, 1971. Gaylord M. Couchman Mayor Walter A, Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Adopted ...........n---.....---.....,..""..1971 Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the folIowing vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler. Nays-None. Absent-Councilmoo Bitter, RESOLUTION NO. 125.71 WHEREAS, applications for Liquor Permits have been submit- ted to this Council for approval ood the same have been examined, Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa, that the folIow. ing applications be granted and licenses issued upon the compli- ance with the terms of the IOWA LIQUOR CONTROL ACT-CHAP- TER 12~s amended by the 60th General Assembly, 1963. CLASS "C" COMMERICAL ESTABLISHMENT Raymond Ney, 2186 Central Ave. D. B. Q. Inc., 4th & Locust Street. Denise O'NeiIl, 55 Locust Street Jeanann Majerus, 253 Main St Passed, adopted and approved this 3rd day of May, 1971. Gaylord M, Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R, Meyers Councilmen """"""'..n.....n""""'---"""""""nn.... '....n..---,.....---.---...,.....---...---.........---,.. '..n"""""""---""n---""""---""""""..n Attest: Leo F, Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councihnan Moldenhauer. Car- ried by the folIowing vote: Yeas-Mayor Couchman, Council- ........---......,------........------,..,---........---.. RESOLUTION NO. 124.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinance of this City and they have filed proper bonds: Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the folIowing named appli- coots a Beer Permit ------"'.............n---......c~~;;ci¡;;;~;;-'" Attest """"---""'ëitÿ..c¡;¡;..---........ CLASS "B" BEER PERMIT Knights of Columbus, 781 Locust Street. John Francis Hall, 2616 Windsor Avenue. Marco Giunta, 2022 Central Ave. Gust Karigan & Pete S, Sfikas, 401,405 Central Avenue. Jeanoon Majerus, 253 Main St. Attest: Leo F, Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution, Seconded by Councilman Moldenhauer. Carried by the foilowing vote: Yeas-Mayor Couchman, Council. men Meyers, Moldenhauer, Pregler, Nays-None. Absent-Councilman Bitter. RESOLUTION NO. 126-71 WHEREAS, applications for Liquor Permits were filed by the within named appulicants and they CLASS "C" BEER PERMIT Carl Voo Duelman, 590 Clarke Drive. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. 184 Special Session, May 10, 1971 CITY COUNCIL OFFICIAL Special Session, Mev 10, 1971. Council met at 7:30 P.M. (C.D.T.) Present-Mavor Couchman, coun. cilmen Bitter, Mevers, Molden. hauer, Pregler. City Manager Gil. bert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is called for the PURPOSE OF ACT- ING UPON A RESOLUTION AU. THORIZING THE SALE, IS. SUANCE AND DELIVERY OF PROJECT NOTES IN THE AGGRE. GATE PRINCIPAL AMOUNT OF $3.305,000 AND THE EXECUTION OF REQUISITION AGREEMENT NO. 3.1971 IN CONNECTION WITH PROJECT IOWA R.15, and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Mrs. Robert Nemmers objecting to the proposed I new zouing Ordinooce and not be-- ing in favor of closing Mrs. Grace's figurine shop, presented and read. Councilman Meyers moved that the commuuication be received and filed, Seconded by Mayor Couch- man. Carried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None, Communication of City of Ingle- wood, California requesting sup- port ood submitting a resolution endorsing legislation requiring re- trofitting of engines to suppress noise on jet transport aircraft, pre- sented and read. Councilman Preg- ler moved that the communication be received ood filed and referred to the City Solicitor for report to the Council. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. May 7, 1971 To the Hnoorable Mayor and City Council I am enclosing a letter received from Wayne Kuntz requesting a street light at 28th and Muscatine Streets. It is recommended that a 4000 lumen incoodescent light be in- stalled on a pole located between 2775 and 2811 Muscatine. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation, Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. May 6, 1971 To the Honorable Mayor and City Council This street light recommenda- tion is in connection with a letter you received about the replacement of a light at 684 Kooe Street and also requests additional sireet light- ing. It is recommended that two 4000 lumen incandescent lights be re- located near 684 and 670 Kooe ood that a new 4000 lumen incandes- cent light be installed on a pole near 650 Kane Street. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation, Sec- onded by Councilman Pregler, Car- ried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. May 7, 1971 To the Honorable Mayor and City Council A request has been received for street lighting on Kennedy Road in the area of Marywood and Spring Valley intersections. It is recommended that four 175 watt mercury vapor lights be in- stalled at the following locations on John F. Kennedy Road. 1. at a point midway between Marywood and Sunset intersec- tions 2. at the Sunset Park intersection 3. at the approximate midpoint be- tween Sunset Park and Spring Valley Road intersections Special Session, May 10, 1971 4. at the Spring Valley Road inter- section Respectfully requested, Gilbert D, Chavenelle City Manager Councilman Meyers moved ap- proval of the recommendation. Sec- onded by Counciiman Pregler. Car- ried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler, Nays-None, Communication of Playground and Receration Commission re- questing budget amendment to ex. pend an additional $12,987.00 and that anticipated revenue from the swimming pools be increased by that amount, presented and read, Mayor Couchman moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Council. I men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. ORDINANCE NO. 25-71 An Ordinance amending the bud- get as approved by Ordinance numbered 1.71, 10-71 and 13--71, presented and read, Mayor Couchman moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Counciiman Pregler. Car- ried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler, Nays-None. Mayor Couchman moved that the rule requiring an Ordinooce to be read on three separate days be waived. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Mayor Couchman moved that a public hearing be held on the Or- dinance on June 7, 1971, at 7:30 P.M. Central Daylight Time in the Council Chamber at tbe City Hall and that the City Clerk be instruct- ed to publish notice of the hearing in the manner required by law. Seconded by Councilman Molden- hauer. Carried by the following vote: 185 Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Notice of Claim of George C. Vogel of 2300 Windsor, in the amount of $30 for car tire damage as the result of striking defective curb in front of his home, present- ed and read. Councilman Bitter moved that the claim be referred to the City Solicitor for proper proceedings, Seconded by Council- man Meyers. Carried by the follow- ing vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler, Nays-None. Notice of Claim of George K. Ar. vanitis, in the amount of $102.59, for plumbing expense incurred as the result of a backed-up sauitary sewer at 1958 Central Ave, on April II, 1971, presented and read. Coun- ciiman Bitter moved that the claim be referred to the City Solicitor for proper proceeedings. Seconded by Counciiman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Council. men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Notice of Claim of Lynea S. Broessel, in an undetermined amount, for personal injuries re- ceived in a fall in an area along the curb on W. Third street on April 17, 1971, presented and read. Councilmoo Bitter moved that the claim be referred to the City S0- licitor for proper proceedings, Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. NaYS-None. Notice of Suit of Calista M. & Joseph A. Lakeman, in the amount of $30,000 for personal injuries received by Calista M. Lakeman, as the result of a fall on an icy side- walk at 333 W, 17th Street on February 7, 1971, presented and read, Counciiman Bitter moved that the claim be referred to the City Solicitor for proper proceedings. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Council- men Meyers, Moldenhauer, Pregler, Nays-None. 186 Special Session, May 10, 1971 Honorable Mayor and City Council On March 5, 1971, Gerald Yourell of 1930 Westridge Court filed claim against the City of Dubuque for damages to his vehicle alleging that same occurred on February 20, 1971 at or near Central Avenue at 32nd Street. I have made an investigation of this matter and it is my opinion that Mr, Yourell should be reim- bursed only in the amount of $12,16, Therefore, it is recommended by the City Attorney that the City Auditor be instructed to draw war- rant payable to Gerald Yourell in the amount of $12,16 and transmit same to the City Attorney for de- livery upon receipt of properly exe- cuted releases. Original claim is returned here- with, Your very truly, R N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. Honorable Mayor ood City Council On March 15, 1971, Robert Strub of 2096 Broadlawn this city, filed claim against the City of Dubuque in the amount of $60.39 ood alleg- ing that said damages occurred to his automobile on March 12, 1971 as the result of his striking an improperly lighted and unbar- ricaded hole in the street at 1905 Asbury Street. This matter was investigated by the City Attorney's office who also checked with the Street Depart- ment and was advised by them that the party responsible for the hole in the street was an excavat- ing contractor working in that area at that time. Thereupon, the claim- ant, Mr. Strub, referred his claim to the excavating contractor, and on May 6, 1971, Mr. Strub advised this office by telephone that his claim had been satisfied in full by said contractor. In view of the foregoing, it is the recommendation of the City Attorney that the claim of Robert Strub against the City of Dubuque ',""" -,' be denied. Original claim is at- tached hereto, Respectfully submitted, RN.Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Couchman, Council- men Bitter, Meyers, Moldenhauer, Pregler, Nays-None. Petition of John Heiderscheit, by Alfred E. Hughes attorney, re- questing permission to connect to City sewer and water outside the City Limits to the north, presented and read. Councilman Pregler moved that the petition be re- ceived and filed and the rules sus- pended in order to let aynone present address the Council if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Attorney AI Hughes addressed the Council in behalf of his client John Heiderscheit by showing a layout of various places in the area that are enjoying city ser- vices, even though they are out- side the City Limits. Councilman Pregler moved that the petition be referred to the City Manager and staff for inves- tigation and report. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Proof of Publication, certified to by the Publisher, of notice of sale of Project Notes in the amount of $3,305,000, for Urban Renewal Pro, ject Iowa R-15, presented and read. No written objections were filed and no oral objectors were present in the Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Special Session, May 10, 1971 187 RE!;OLUTION No, 127.71 Authorizing the sale, issuance and delivery of project notes in the aggregate principal amount of $3,305,000 and the execution of Requisition Agreement No, 3.1971 In connection with the Downtown Urban Renewal Proj- ect, Project No, Iowa R.15. WHEREAS, City of Dubuque (herein called the "Local Issuing Agency") has entered into one or more contracts (which, together with any supplements thereto or amendments or waivers of any provisions thereof, are herein call. ed the "Contract") with the United States of America (herein called the "Government") providing for a loan by the Government to the Local Issuing Agency for financing the urban renewal, low-rent hous- ing or redevelopment project(s) described in the Contract and here- in called the "Project"; and WHEREAS, pursuant to adver- tisement for the receipt of pro- posals for the purchase of the Third Series 1971 of Project Notes (herein sometimes called "New Project Notes") of the Local Is- suing Agency aggregating $3,305,. 000, which appeared in a Notice of Sale published on April 20, 1971, ood April 27, 1971, in the Telegraph Herald in the City of Dubuque, Iowa, and in The Daily Bond Buyer in the City of New York, New York, proposals for the purchase of the New Project Notes in the form approved by the Local Issuing Agency were received, opened, and canvassed at the time and place mentioned in said adver- tisement, to wit: at Council Cham- bers, City Hall, 13th and Iowa in the City of Dubuque, Iowa 52001 at one o'clock P.M. E.D.S.T., on May 4, 1971, which proposals are as follows: Name of Bidder: Bank of Amer. ica N,T, & S,A., Bankers Trust Company: Interest Rate 3,08%, Principal Amount 3,305,000, prem-¡ ium $135.00, Name of Bidder: Northwestern National Bank: Interest Rate 3.25%, Principal Amount $1,000,- 000, Premium $0, Name of Bidder: First National Bank of Minneapolis: Interest Rate 3.30%, Principal Amount $1,000,- 000, Premium $0. Name of Bidder: First National Bank of St. Paul: Interest Rate 3.35%, Principal Amount $1,305,- 000, Premium $0. Name of Bidder: The First Na- tional Bank of Dubuque, Iowa. Name of Bidder: The First Na- tional Bank of Boston: Interest Rat. 3.45%, Principal Amount $3,- 305,000, Premium $16.00. Name of Bidder: Chemical Bank John Nuveen & Co" Inc.: Interest Rate 3.46%, Principal Amount $3,- 305,000, Premium $85,00. Name of Bidder: Morgan Guar- anty Trust Company of New York: Interest Rate 3,49%, Principal Amount $3,305,000, Premium $69. Name of Bidder: Salomon Broth- ers, Name of Bidder: The Chase Man- hattan Bank, N.A,: Interest Rate 3,50%, Principal Amount $3,305,- 000, Premium $0. Name of Bidder: The First Na. tional Bank of Chicago. Name of Bider: Republic Nation- al Bank of Dallas, Name of Bidder: Continental TIIi- nois National Bank and Trust Com- pany of Chicago: Interest Rate 3.54%, Principal Amount $3,305,- 000, Premium $123,00. Name of Bidder: The First Bos- ton Corporation, Name of Bidder: Mellon National Bank and Trust Company. Name of Bidder: First National City Bank NOW THEREFORE, BE IT RE- SOLVED by the CITY COUNCIL OF THE CITY OF DUBUQUE: Section I. The aforesaid publica. tion of the Notice of Sale and the form and contents thereof as so published are hereby, in all re- spects, approved, ratified and con- firmed. Section 2. In order to provide funds to pay expenses incurred or to be incurred in the development of the Project, or to refund, re- new or extend its outstanding Notes issued in connection there- with, the Local Issuing Agency hereby determines to borrow the sum of Three Million Three Hun. dred Five Thousand Dollars ($3,- 305,000) and issue its negotiable Project Notes therefore. Section 3. The Local Issuing Agency hereby ratifies and ap- proves the form of each proposal hereinafter in this Section 3 enu- merated for the purchase of the designated principal amount of Notes ood determines that each 1BB Special Session, May 10, 1971 such proposal offers to purchase I such Notes at the lowest interest rate and is therefore accepted, and said Notes are hereby awarded to the purchaser, as foIlows: Principal Amount $3,305,000, Interest Rate 3,08%, Purchaser Bank of America N.T. & S.A. Bankers Trust Company, Section 4. Each Note shall be dated June 1, 1971, shall be pay- able as to both principal and in. terest to bearer, on Dec. 17, 1971, and, pursuant to each proposal for the purchase of said Notes herein- above accepted, shall bear the rate of interest per annum, payable at maturity; shall bear the numbers and be in the denominations; and shall be payable as to both prin- cipal and interest at the incorpor. ated bank having trust powers or incorporated trust company, as follows: Purchaser: Bank of America, N.T. & SA Bankers Trust Com- pany: Numbers 1-18, Denomina- tions $100,000, Interest Rate 3.08%, Payable At Bankers Trust Com- pany, New York, New York. Purchaser: Bank of America, N,T, & S.A. Bankers Trust Com- pany: Numbers 19-32, Denomina- tions $50,000, Interest Rate 3.08%, Payable At Bankers Trust Com- pany, New York, New York. Purchaser: Bank of America, N,T, & SA Bankers Trust Com- pany: Numbers 33-55, Denomina- tions $25.000, Interest Rate 3.08%, Payable At Bankers Trust Com- pany, New York, New York. Purchaser: Bank of America, N.T. & S.A. Bankers Trust Com- pany: Numbers 56-70, Denomina. tions $10,000, Interest Rate 3.08%, Payable At Bankers Trust Com- pany, New York, New York. Purchaser: Bank of America, N.T. & S,A, Bankers Trust Com- pany: Numbers 71-88, Denomina- tions $5,000, Interest Rate 3.08%, Payable At Bankers Trust Com- pany, New York, New York, None of such Notes shall be valid until after the bank or trust com- pany at which it is payable shall have signed the agreement, ap. pearing on each Note, to act as paying agent thereof. Each such Note shall be executed in the name of the Local Issuing Agency by the manual or facsimile signature of the Mayor and City Treasurer of the Local Issuing Agency and shall have the corporate seal of the Local Issuing Agency impress- ed, imprinted or reproduced there- on and attested by the City Clerk, and said officers are hereby au. thorized and directed to cause said Notes to be properly executed. Section 5. Each such Note shall be in substantially the form of HUD-9010, which is incorporated herein by reference, and shall be secured by an agreement entitled "Requisition Agreement No. 3- 1971" (herein called the "Requisi- tion Agreement"), in substantially the form of JlUD.9003, which is incorporated herein by reference, to be entered into between the Local Issuing Agency and the Gov. ernment. Section 6. The Requisition Ag- reement shall be executed in the name of the Local Issuing Agency by the manual or facsimile signa- ture of the Mayor of the Local Is- suing Agency and shall have the corporate seal of the Local Issuing Agency impressed, imprinted or reproduced thereon and attested by the City Clerk, and said offi- cers are hereby authorized and directed to cause the Requisition Agreement to be properly exe- cuted. Sectie>n 7. For the punctual pay- ment of the principal of and in- terest on the New Project Notes, the Local Issuing Agency hereby expressly and irrevocably promises to pay any sums which may be received from the Government pursuant to the Requisition Ag- reement relating to such series of Project Notes and said Agreement, when executed by the Government, is hereby declared to be and is hereby assigned by the Local Is- suing Agency for the benefit of the holder or holders from time to time of the New Project Notes. AIl contributions, funds and amounts authorized or required by the Contract to be applied to the payment of Project Loan Notes (referred to in the Contract as "Project Temporary Loan Obliga- tions" "Advance Notes" or "Per- mane~t Notes") as issued in con- nection with the Project are here- by irrevocably pledged to secure the payment of the principal of and interest to maturity on the New Project Notes. Such pledge and the lien created thereby shall cease and terminate Special Session, May 10, 1971 1B9 when monies or investment secur- ities convertible into cash not la- ter than the maturity date of the New Project Notes, sufficient and for the purpose of paying the prin. cipal and interest to maturity on such Notes, are deposited with the paying agent or agents for such Notes, Section 8. The proceeds derived from the sale of the New Project Notes, together with such amount of other funds of the Local Issuing Agency as may be necessary, shall be applied, simultaneously with the receipt of said proceeds, in ac- cordance with the provisions of the Requisition Agreement. Section 9. The City Treasurer is hereby authorized and directed to send promptly a letter to each pay. ing agent for the New Project Notes in substantially the form of HUD-9OO4, which Is incorporated herein by reference, and to trans- mit therewith (a) the New Project Notes for which the addressee is the paying agent for delivery and payment and (h) a signature certi- ficate and receipt, in accordance with the terms of said letter, and to take such other actions as may be required to complete the de- livery transaction in accordance with the terms of the letter to the paying agent. Passed, approved, and adopted this 10th day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Councilman Bitter moved adop- tion of the resolution, Seconded by Councilman Pregler. Carried by the foIlowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. (Necessitv for Improvement) RESOLUTION NO. 129.71 WHEREAS, proposed p I a n s, specüications, form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the foIlowing: 1. An estimate of the cost of the proposed improvement for the Crissy Drive Storm Sewer-from Kaufmann Ave., 575 feet north- 1971 BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the cost of improvement, they shaIl be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of maklng said improve- ment will be paid from the 1970 Storm Sewer Bond Issue. The above resolution was intro- duced, approved, and 0 r d ere d placed on file with the City Clerk this 10th day of May, 1971. Approved and placed on file for final action. APPROVED: Gaylord M. Couchman Mayor Walter A, Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F- Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 128.71 Approval of plans, specüications, form of contract, preliminary es- timate, and all other documents for the construction of Crissy Drive Storm Sewer, from KaufmannAve. 575 feet north, at an estimated cost of $21,201.1)4, presented and read. Attest: Leo F. Frommelt City Clerk 190 Special Session, Councilman Bitter moved approv- al of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler, Nays-None. (Fixing Date of Hearing) RESOLUTION NO. 130-71 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, ood form of contract and placed same on file in the office of the City Clerk for public inspection for the improvement of Crissy Drive Storm Sewer-from Kauf- mann Ave., 575 feet north-1971. BE IT THEREFORE RESOLVED that on the 7th day of June, 1971, a public hearing will be held at 7:30 P.M, in the Council Chamber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the proposed plans and speciifcations and pro- posed form of contract, to the cost of the improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- ~~~~: ~aJh~e ?::¡ I:;S &~~U1~~ I (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. Passed, adopted and approved this 10th day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F, Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None, """ May 10, 1971 RESOLUTION No. 131.71 Approval of plans, specifica. tions, form of contract, prelimin- ary estimate, and all other docu. ments for the construction of a 15" Storm Sewer in Sixth Street and alley between Main and Iowa Streets, at an estimated cost of $14,315,84, preser.ted and read. Councilman Pregler moved adop- tion of the resolution, Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. (Necassity for Improvement) RESOLUTION No. 132.71 WHEREAS, proposed plans, spe- cifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for the 15" Storm Sewer in Sixth Street and Alley between Main and Iowa Streets - 197L BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of pro- perty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, and unless property owners at the time of the final consideration of this proposed re- solution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deer.led to have waived all objections thereto, Said improvement shall be con. structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Park- ing Ramp Construction Fund. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 10th day of May, 1971. ,.~-.-~-.-.. -- Special Session, May 10, 1971 191 Approved and placed on file for final action. APPROVED: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved ap- proval of the resolution. Seconded by Councilman Meyers, Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None, (Fixing Date of Hearing) RESOLUTION No. 133-71 WHEREAS, the City Council of the City of Dubuque, Iowa has giv- en its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the 15" Storm Sewer in Sixth Street and AIley between Main and Iowa Streets - 1971 BE IT THEREFORE RESOLVED that on the 7th day of June, 1971, a public hearing will be held at 7:30 P.M. in the Council Chamber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the proposed plans and specifications and pro- posed form of contract, to the cost of the improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- lished in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed I for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. Passed, adopted and approved this 10th day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A, Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays - None. RESOLUTION No. 134-71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval ood 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 ordinaces of the City. CLASS "B" BEER PERMIT Dubuque Golf & Country Club, 1800 Randall Place Harry N. Ganter!, 1301 Rbomberg Avenue Paul W. Schollmeyer, 176 Locust Street Louis J. Winkler, 698 Central Avenue CLASS "C" BEER PERMIT Walgreen Drug, Kennedy Mall Passed, adopted and approved this 10th day of May, 197L Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F, Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution, Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 135.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun. cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this CIty 192 Special Session, May 10, 1971 ood they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- ercted to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Dubuque Golf & Country Club, 1800 Randall Place Harry N. Gantert, 1301 Rhomberg Avenue Paul W. SchoIImeyer, 176 Locust Street Louis J. Winkler, 698 Central Avenue CLASS "C" BEER PERMIT Walgreen Drug, Kennedy Mall BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 10th day of May, 1971. Gaylord M. Couchman Mayor Walter A, Pregler Wayne A, Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 136-71 WHEREAS, applications for Li- quor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT --CHAPTER 123-as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Louis J. Winkler, 698 Central Avenue CLASS "A" LIQUOR LICENSE Dubuque Golf & Country Club, 1800 Randall Place '...,. , Passed, adopted and approved this 10th day of May, 1971, Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R, Meyers Joseph J. Bitter Councilmen Attest: Leo F, Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays-None, RESOLUTION No. 137.71 WHEREAS, applications for Li. quor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Louis J. Winkler, 698 Central Avenue CLASS "A" LIQUOR LICENSE Dubuque Golf & Country Cluh,18OO Randall Place Passed, adopted and approved this 10th day of May, 1971- Gaylord Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Cuochman, Coun- Special Session, May 10, 1971 cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays-None. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Leo F. Frommelt City Clerk 193 Approved ..",............,.............,....1971 Adopted ......."......,......"..............1971 """"""""""""""""""""""""'....'n.. ...............",......,..,......",.......".......,.... ...........................",........",................. ...,...................................................... .............,............................................ Councilmen Attest: """"ëiïÿ"ci~k:""""""""""" 194 Special Session, May 13, 1971 CITY COUNCIL OFFICIAL Special Session, Mav 13, 1971. Council met at 4:30 p.m. (C.D.T.) Present - M a V 0 r Couchman, Councilmen Movers. Pregler. City Maneger Gilbert D. Chavenelle. Absent-Councllmen Bitter, Mol. denhauer (at roll call). Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is called to CONSIDER APPROVAL OF THE PLANS OF TOWER HILLS MOBILE HOME PARK AND TER. RACE HEIGHTS MOBILE HOME PARK and acting upon such other business as may properly come before a regnlar meeting of the City Council. May 13, 1971 Honorable Mayor and Council Members The Planning and Zoning Com- mission has held a public hearing on the Tower Mobile Home Park Plan. The Commission has found that the plan conforms to the de- velopment standards that were adopted by the Commission and the Council. It was further the opinion of the Commission that a mobile home park would be an appropriate use for this area ood that it would meet a need in the community, J In reviewing this proposal the Commission considered the matter of access to property lying north of this development. It was the feel- ing of the Commission that in a housing development such as a mobile home park, where central management is provided, that pri- vate streets are more desirable than public streets, and that require- ments of additional public right. of.way through the mobile home park, to provide access to adjoining properties, would be inconsistent with the policy that they have adopted for mobile home parks. It was the opinion of the Commission that a more appropriate place for access would be on property lying east of the mobile home park, which would be developed at ala. ter date. The Commission requested a written commitment from the developers that they would include a public right-of-way In the subse- ..,," quent development ploos for the remainder of their property. This agreement is attached. It is the recommendation of the Commission that this plan be ap. proved by the Council. RespectfuIly submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Mayor Couchman moved that the commuuication be received and filed, Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cihnen Meyers, Pregler. Nays-None, Absent-CouncilmenBitter, Mol- denhauer. COUNCILMEN BITTER AND MOWENHAUER ENTERED THE COUNCIL CHAMBER AT 4:40 P.M. RESOLUTION NO. 138-71 RESOLUTION APPROVING THE PLAN OF "TOWER HILLS MO- BILE HOME PARK" IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a plan of "Tower Hills Mobile Home Park" in the City of Dubuque, Iowa by TOWER INVESTMENT, INC" DU. BUQUE, IOWA; and WHEREAS, said plan has been examined by the City Planning an<l Zouing Commission and had its approval endorsed thereon; and WHEREAS, said plan has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plan of "Tower Hills Mobile Home Pork" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Council are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plan, provided the owners of said prop. erty herein named, execute their written acceptance hereto attached agreeing: a. To comply with all require- ments of the City of Dubuque, Iowa, and the City of Dubuque Mobile Home Regulations. Special Session, May 13, 1971 195 b. To reduce all streets to grade and to construct concrete curb and gutter and to hard sur- face same with bituminous concrete, or with 6Y." con. crete paving with integral curb, all in accordance with City of Dubuque standard specifications; c, To install sanitary sewer mains and sewer service later- als in accordance with plans submitted with the plan; d. To install water mains and water service laterals in ac- cordance with plans submitted with the plan; e. To install storm sewers and catchbasins in accordance with plans submitted with the plan; f. To instaIl concrete sidewalks as required by City Ordi. nances. g. To construct the foregoing im- provements in accordance with plans and specifications ap- proved by the City Manager, under the inspection of the City Engineer, and in a man- ner approved by the City Manager; h. To maintain the foregoing im- provements from the date of their acceptance by the City of Dubuque, Iowa; i. To provide the foregoing con- struction and maintenance at the sole expense of the Owner, the "Tower Hills Mobile Home Pork. PASSED, ADOPTED AND AP- PROVED by unanimous recorded roll call this 13th day of May, AD., 197!. Gaylord M, Couchman Mayor Wayne A Moldenhauer Donald R. Meyers Walter A. Pregler Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION No. 138-71 We, the undersigned Thomas F. Leibold-Vice President-Tower In. vestment lnc, having read the terms and conditions of the fore- going Resolution No. 138-71 and being familiar with the conditions thereof, hereby accept the same and agree to perform conditions required therein. Dated at Dubuque, Iowa, this 14th day of May, 1971 Isl Thomas F, Leibold Vice President Mayor Couchman moved adoption of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun. cihnen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. May 13, 1971 Honorable Mayor and Council Members The Planning and Zoning Com- mission has held a public hearing on the Manternach Mobile Home Park Plan. This property is lo- cated on Peru Road, in the City of Dubuque, Iowa. The Commission has found that the plan conforms to the develop- ment standards that were adopted by the Commission and the Coun- cil. It. was further the opiuion of the Commissioll that a mobile home park would be an appropriate use for this area and that it would meet a need in the community, It is the recommendation of the City Planning and Zoning Commis- sion that this plan be approved by the Council. Respectfulty submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Bitter moved that the communication be received and filed. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas-Mayor Couchman, Coun- cihnen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 139.71 APPROVING THE PLAN OF TER RACE HEIGHTS MOBILE HOME PARK IN THE CITY OF DUBUQUE, IOWA, presented and read. Councilmoo Pregler moved that both documents-i.e. communica- tion from Planning & Zoning and resolution, be referred to the meet- ing of June 7th, at the time of the public hearing on zouing of the 196 Special Session, May 13, 1971 Special Session, May 24, 1971 197 property, Seconded by Councilman Bitter, Carried by the following vote: Yeas-Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of Amelia W. Vernon, submitting copies of headings of petition forms to be submitted to Senator Hughes & Jack Miller after completion, and requesting permission to circulate them on Main Street relative to ending the war in Vietnam, presented and read. Mayor Couchman moved that the petition be allowed on recom- mendation of the City Manager. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays-None, Petition of Northwestern Bell Telephone Co. requesting permis- sion to excavate In Hill street be- tween W. 8th and Caledonia to clear obstruction in an under- ground cable, presented and read. Counctlman Pregler moved. ap- proval of the petition. Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate at 722 W. 11th Street to provide new service, presented and read. Councilman Pregler moved ap- proval of the petition. Seconded by ,...... c Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Coun- ciIn1en Bitter, Meyers, Molden- hauer, Pregler, Nays-None. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler, Nays-None. Leo F. Frommelt City Clerk CITY COUNCIL OFFICIAL Special SessIon, Mav 24, 1971. Council met at 7:30 P.M. (C.D.T.) Pre.ent-Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg. lor. Absent - Councilmen Mevers, City Manager Gilbert D. Chavenelle (Out of City). Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing Is called for the purpose of acting upon a RESOLUTION AU. THORIZING THE FILING OF AN AMENDATORY APPLICA. TION FOR LOAN AND GRANT FOR THE DOWNTOWN URBAN RENEWAL PROJECT IOWA R.15 and acting upon such other busi- ness as may properly come before a regular meeting of the Council. RESOLUTION NO. 140-71 AUTHORIZING THE FILING OF AN AMENDATORY APPLICATION FOR LOAN AND GRANT FOR THE DOWNTOWN URBAN RE- NEWAL PROJECT NO. IOWA R-15 WHEREAS, the City of Dubuque under date of July 26, 1971, en- tered into Contract No. Iowa R-15 (LG) with the United States of America acting through the De- partment of Housing and Urban Development, providing for finan. cial assistance in the undertaking and carrying out of a certain Ur- ban Renewal Project herein des- iguated as Project No. Iowa R-15, which is more fully identified in the executed Contract for Loan and Grant; and WHEREAS, it is necessary ood in the public interest that the City of Dubuque avail itself of addi- tional finoocial assistance provided by the Housing Act of 1949, as amended to date, to carry out the aforementioned Project; and WHEREAS, it is necessary to file an Amendatory Application for Looo and Grant for the afore- said Project requesting a (1) Re- vision in Temporary Loan and a (2) Revision in Relocation Groot; and WHEREAS, it is recognized that the Federal contract for such ad- ditional assistance will continue Approved ..",.........,..."...............,1971 Adopted .............................."....,,1971 ...,..,.........,..................",....................., .............,..,......."..."............................. ...,.....,..,.....................,........,.....",........ ......,...""............,......,...,.....,....,........,.. ...,..............,....".............",...".............. Councilmen Attest: """ëiïÿ"ëï;;;t"""""""""""'" to Impose certain obligations and responsibilities upon the City of Dubuque; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SECTION 1. That an application on behalf of the City of Dubuque for an Amendment to the Contract for Loan and Grant identified as Contract No, Iowa R-15 (LG) for a revision in the Temporary Loan and for a revision in the Reloca- tion Grant is hereby approved, and that the City Manager and the Director of Urban Renewal are hereby authorized and directed to execute and to file such appli- cation with the Department of Housing and Urban Development, to provide such additional informa- tion and to furnish such documents as may be required in behalf of said Department, and to act as the authorized correspondents of the City of Dubuque. Passed, approved and adopted this 24th day of May, 1971, Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J, Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilmao Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the foIlowing vote: Yeas-Mayor Couchman, Coun. cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent-Councílman Meyers, May 13, 1971 The Honorable Mayor and City Council of the City of Dubuque, Iowa Re: The Eska Company The City of Dubuque conveyed the following described real prop- erty to Dubuque Industrial Devel- opment Corporation by Quit Claim Deed dated August 5, 1968 and filed of record in the office of the Dubuque County Recorder on Au- gust 7, 1968, in Book 196 at Pages 427 and 428: Lot 2 of Block 5, and Lot 2 of Lot 2 of Lot 2 of Block 6, both in River Front Subdivision No.3 in the City of Dubuque, Iowa, 198 Special Session, May 24, 1971 according to the recorded plats thereof, subject to easements of record. The main Eska plant and the new addition thereto which was completed in December of 1970 is located on the above described re a I property. The Resolution adopted by the City Council in connection with the sale to Du- buque Industrial Development Cor- poration contained certain provi, sions relative to the development of the property. We believe that The Eska Company and Dubuque Industrial Development Corpora- tion have complied with all of the provisions of the Resolution and therefore request that the City Council adopt a Resolution con- firming compliance with the Res- olution authorizing sale. Verv truly yours, FUERSTE & CAREW Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the folIowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent--Councilman Meyers. RESOLUTION NO. 141.71 WHEREAS, the City Council of Dubuque, Iowa, adopted Resolution No. 338-68 on August 5, 1968 au- thorizing conveyance of the folIow- ing described real property to Dubuque Industrial Development Corporation on certain terms ood conditions: Lot 2 of Block 5, and Lot 2 of Lot 2 of Lot 2 of Block 6, both in River Front Subdivision No.3 in the City of Dubuque, Iowa, according to the recorded plats thereof, subject to easements of record. WHEREAS, the City of Dubuque thereafter conveyed the aforesaid described real property to Dubuque Industrial Development Corpora- tion by Quit Claim Deed dated August 5, 1968 and filed of record in the office of the Dubuque Coun- ty Recorder on August 7, 1968 in Book 196 at Pages 427 and 428, and WHEREAS, the Dubuque Indus- trial Development Corporation com- plied with all of the terms and conditions contained in the afore- "'~ said Resolution No, 338-68 adopted by the City Council of the City of Dubuque, Iowa, and the terms and conditions contained in the aforesaid Quit Claim Deed from the City of Dubuque, Iowa to Du- buque Industrial Development Cor. poration, and WHEREAS, confirmation of com- pliance with the aforesaid terms and conditions is necessary in or- der to remove any cloud on the title to the aforesaid described real property, NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That Dubuque Industrial Devel- opment Corporation has com- plied with alI of the terms and conditions contained in Resolu- tion No. 338-68 approved and adopted by the City Council of the City of Dubuque, Iowa, on August 5, 1968, and all of the terms and conditions contained in a certain Quit Claim Deed from the City of Dubuque, Iowa, to Dubuque Industrial Develop- ment Corporation dated August 5, 1968, and filed of record Au- gust 7, 1968 in Book 196, Pages 427 and 428 in the office of the Dubuque County Recorder. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, adopted and approved this 24th day of May, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J, Bitter Councilmen Attest: Leo F, Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun. cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent--Councilman Meyers, May 13, 1971 The Honorable Mayor and City Council of the City of Dubuque, Iowa Re: The Eska Company Special Session, May 24, 1971 199 On March 4, 1970 the City Coun- cil of the City of Dubuque adopted Resolution No. 47.70 authorizing sale of the following described real property to The Eska Com- pany: Lot Three (3) of Lot One (1) of Block Five (5) in River Front Subdivision No, 3 in the City of Dubuque, Iowa, subject to existing easements of record. The aforesaid Resolution pro- vided in part that expansion of Eska's facilities shall be completed within two years of the date of adoption and passage of the Res- olution, This would require a com- pletion date of not later than March 2, 1972, The Eska Company acquired titie to the aforesaid de. scribed real property by a deed dated March 2, 1970 and filed of record In Dubuque County, Iowa, on March 11, 1970. Subsequent thereto The Eska Company under- took an expansion program which resulted in an expansion to the existing plant which was complet- ed In December of 1970 at an approximate cost of $125,000.00. The expansion was made on the property where the main plant is now located and adjoins the exist- ing plant. It was decided by The Eska Company that this method of development would result in the best possible use of its property and that the development would be consistent with its long range plans for future development. Therefore, The Eska Company hereby requests a three year ex. tension to March 2, 1975 for the commencement of an improvement on the real property described herein. The Compooy'S develop- ment plans now calI for a sui>- stantlal additional expansion com. mencing in 1974. , Enclosed herewith is a proposed 'I form of Resolution for adoption by the City Council. Very truly yours, FUERSTE & CAREW Councilman Bitter moved that the communication be received and filed, Seconded by Mayor Couch- man. Carried by the following vote: Yeas-Mayor Couehman, Coun- cilmen Bitter, Moldenhauer, Preg. ler. Nays-None. Absent-Councilman MeYers, RESOLUTION NO. 142.71 WHEREAS, the City Council of Dubuque, Iowa, sdopted Resolu- tion No. 47.70 on March 4, 1970 authorizing the sale of the follow- ing described real property to The Eska Company: Lot Three (3) of Lot One (I) of Block Five (5), in River Front Subdivision No, 3 in the City of Dubuque, Iowa, subject to existing easements of record, and WHEREAS, said Resolution pro- vides in part that expansion on the aforesaid described real prop- erty shall be completed prior to March 2, 1972, and WHEREAS, The Eska Company completed in December of 1970 a substantial expansion to its exist- Ing plant which Is located on real property immediately adjacent to the aforesaid described property, and WHEREAS, extension of a time for development of the real prop. erty described herein is necessary so that The Eska Company can complete Its long range develop. ment plan, NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1, That subparagraph "D" of Section 1 of Resolution No. 47-70 of the City Council of the City of Dubuque adopted March 4, 1970 is hereby deleted and the following paragraph in- serted in lieu thereof: Section 2. That the aforesaid de- scribed real property be used by The Eska Company for Its ex- pansion proportionate to Its present facilities and such ex- pansion shall commence on or before March 2, 1975 and shall be completed within one year thereafter and upon failure so to do by The Eska Company, said real estate shall automatical- ly revert to the City of Dubuque, Iowa, and purchase price, less damages, shall be refunded to The Eska Company, Section 3. That the City Clerk be and he is hereby authorized and directed to record a cer. tified copy of this Resolution in the office of the Dubuque Coun- ty Recorder. 200 Special Session,-May 24, 1971 Passed, approved and adopted this 24th day of May, 1971- Gaylord M, Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion- of the resolution, Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent--Councilman Meyers. There being no further business Councilman Moldenhauer moved to adjourn. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Moldenhauer, Preg- ler. Nays-None. Absent--Councilman Meyers. Leo F. Frommelt City Clerk Approved ..,.......,........,.......".....,.1971 Adopted ..................,.....................1971 """""""""""""""""""""""""""""" ..................",....."".......",........".......... """"""""""""""""""""""......""""" ""-"""""""""""""""""""'.....""""'" Attest: Councilmen citY"ëi~;k'---"""""""--"""""""'" ".~ .