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1971 June Council Proceedings Regular Session, June 7, 1971 201 CITY COUNCIL OFFICIAL Regular Session, June 7, 1971. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Couchman, Councilmen Bitter, Meyers, Mol. denhauer, Pregler. City Manager Gilbort D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meeting is the REGULAR MONTHLY MEETING caned for the purpose of acting upon such business as may properly come before the meeting. Mayor Couchman presented the foUowing named persons to the various Boards and Commissions comprising both reappointments and new appointments; Harry Chambers and Robert Waner to Airport Zoning Commission re- appointments to 5-14-77 - Clar- ence Brashaw, Theodore Glass, John E. Brown to Board of Heat- ing Ventilation and Air Condition. ing reappointments to 3-16-74 - Richard P. Friedman to Planning & Zoning Commission reappoint. ment to 5-24-76 - Robert G. Hols- cher and Mrs. Mabel Hoffman to Library Board reappointments to 7-1-77 - Thomas W- Voelker to Board of Zoning Adjustment re- appointment to 3-5-76 - Thomas W. Breitbach to Playground and Recreation Commission reappoint- ment to 7-5-74 - Rev. AUen Maru- yama, Warren McCaw, reappoint- ments and Miss Mary L. Neuhaus and Thomas E. McClain as new ap- pointments to Dubuque Advisory Commission to 6-1-74 - Patrick L. Dillon new appointment to 1-1-72 and Dr. Robert G. Vernon new ap- pomtment to 1-1-73 both to the Human Rights Commission. Councilman Pregler moved ap- proval of the appointments. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Councilman Moldenhauer moved that a letter of appreciation be sent to the retiring members of the Boards and Commissions. Sec- onded by Councilman Pregler. Car- ried by the foUowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Communication of John G. Cul- len, Trustee of Resurrection Parish, strongly urging the go-ahead for the widening and grading of As- bury Road west to the City Limits, presented and read. Councilman Pregler moved that the communi- cation be referred to preliminary hearing of the 1971 Street Pro- gram. Seconded by Mayor Couch- man. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Communication of Gordon Neu- mann et UK alerting the Council to the dangerous walking situation in the Resurrection school area due to narrowness of Asbury Road and suggesting the widening of same, presented and read. Councilman Pregler moved that the communi- cation be referred to the pre1imin- ary hearing of the 1971 Street program. Seconded by Mayor Couchman. Carried by the follow. ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Communication of Wm. J- Daack et UK requesting the installation of sidewalks on Asbury Roard for the benefit of the children attending Resurrection school, presented and read- Councilman Pregler moved that the communication be refer- red to the preliminary hearing of the 1971 Street program. Seconded by Mayor Couchman. Carried by the foUowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Communication of Resurrection Parish Council urging approval of the widening and paving of Asbury Road past Resurrection Church and school to the City Limits, present- ed and read. Councilman Pregler moved that the communication be referred to the preliminary hear- ing of the 1971 Street program. 202 Regular Session, June 7, 1971 Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Communication of Mrs. Bob Kue. ter requesting the widening of As- bury Road to the City Limits, pre- sented and read. Councilman Preg- ler moved that the communication be referred to the preliminary hearing of the 1971 Street pro. gram. Seconded by Mayor Couch- man. Carried by the following vote: Ye.. - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nay. - None. Petition of D. L. HeItmann et al (405 signatures) requesting approv. al of improving Asbury Road from the preseni paving to the end of the City Limits, past Resurrection School and Church, presented and read. COuncilman Pregler moved that the petition be referred to the preliminary hearing on the 1971 Street program. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor COuchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of Dubuque Advisory Commission requesting the filling of four vacancies on their Com- mission as soon as possible, pre- sented and read. Councilman Preg- ler moved that the communication be received and filed. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- bauer, Pregler. Nays-None. June 3, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Single Family Residence cJas. sification to Multiple Residence dassification, property described as Block No.1 of Sunset Park Sub- division No. 3, in the City of Du- buque, Iowa. This proposal cooforms with the approved plat and the general -"'-: pJanning for this area and is sub- ject to the deed restrictions pJaced on the property to limit the type of dwelling unit and the minimum lot area. It is tbe recommendation of the Planning and Zoning COm- mission that the proposal be ap- proved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved that the communication be referred to the City Attorney for proper pro. ceedings. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen, Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Communication of Peoples Nat- ural Gas submitting their 1970 Statement of operating income and balance sheet information and de- tail of operating revenues and plant, presented and read. Coun- cilman Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of Low Rent Housing Commission submitting copy of minutes of their meeting of May 18, 1971, presented and read. Councilman Pregler moved that the communication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of Jean E. Pet- erson objecting to smoking on busses and suggesting the enact- ment of an Ordinance presented and read. Mayor Couchman moved that the communication be re- ferred to the Manager and Mayor. Seconded by Councilman Pregler. Carried by the following vote' Yeas-Mayor COuchman, COun- cilmen Bitter, Meyers, Molden- hauer, Pregler. N3)'s-NoDe. Regular Session, June 7, 1971 203 Copy of communication sent to the Park Board by Jean E. Peter- son suggesting the establishment of bicycle paths, presented and read. Mayor Couchman moved that the communication be referred to the Planning & Zoning Commis- .ton and the Traffic Committee for investigation and report. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Noti"" of Renewal of Govern- ment Lease from July 1, 1971 to Jnne 30, 1972 covering use of 0.85 acre in Ham's Addn. at Eagle Point, Navy building, presented and read. Councilman Moldenhau. er moved that the notice be reo ""ived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Conchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Printed Connell proceedings for the month of March 1971 pre- sented for Conncil approval. Ma- yor Couchman moved approval of the proceedings for the month of March 1971 as printed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 2, 1971 To the Honorable Mayor and City Council Street light improvement has been requested in the 1700 block of Lincoln Avenue. The electrical inspector has in- vestigated the sitoation and it is rcommended that a 4000 lumen in- candescent light be mounted on a pole between 1725 and 1745 Pres- cott. Respectfolly, Gilbert D. Chavenel1e City Manager Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Pregler. Carried by the fol1owing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. May 25, 1971 To the Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, Water Su- perintendent, City Auditor, and a list of claims, for the month of April 1971. Monthly report also enclosed for Health Department. RespectfUlly, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhan- er, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and Disbursements and list of claims for the month of April 1971, presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. May 20, 1971 To The Honorable Mayor and City Council This notice has not been com- plied with and I recommend to the City Council tt.at the provi- sions of Ordinance No. 35-52 be enforced and that the owners of said hnilding known as 2715 Uni- versity Avenue, Dubuque, Iowa, and located on Lot 21 Lenox Ad- dition, City of Dubuque, Iowa, be required to dismantle said bnild- ing and clean up the premises. Respectfully submitted, Gilbert D. Chavenel1e City Manager May 5, 1971 Mr. Gilbert D. Chavenel1e City Manager City On December 10, 1970, an in- spection was made of a story and one-half, single familY, frame resi- 204 Regular Session, June 7, 1971 dence building at 2715 University Avenue, Dubuque, Iowa. The interior of the home is clean but poor maintenance makes llvability difficult. A tub or show- er, lavatory or hot water has not been installed. The exterior of this home has deteriorated to the point where the majority of the siding is off, exposed joists, sills, cornice and other wood parts are starting to rot, and in some cases missing, re- sulting in an unstable and unsight- ly structure. We recommend that immediate steps be taken to rectify this con- dition. The building is located on Lot 21, Lenox Addition, City of Du- buque, Iowa, and owned by Mr. & Mrs. William Kaiser, Jr., 2715 Uni- versity Avenue, Dubuque, Iowa 52001, and Mr. & Mrs. Melvin Kai- ser, 1610 Hickson Avenue, Du- buque, Iowa 52001. Respectfully, Harold F. Zimmerman Housing Inspector Donald J. Bandy Building Commissioner Robert N. Dunphy Fire Chief May 5, 1971 Notice Mr. & Mrs. WUliam Kaiser, Jr. 2715 University Avenue Dubuque, Iowa 52001 Mr. & Mrs. Melvin Kaiser 1610 Hickson Avenue Dubuque, Iowa 52001 To Whom It May Concern: I have personally inspected the bnilding known as 2715 University Avenue, Dubuque, Iowa, and 10. cated on Lot 21, Lenox Addition, City of Dubuque, Iowa, and the conditions as they have been re- ported to me by the Building Commissioner, Fire Chief and the Housing Inspector are substantial- ly correct. A copy of whose report is hereto attached and by refer- ence made a part hereof. According to City Ordinance No. 31-52, you are hereby given ten (10) days notice to dismantle the building and clean up the prem- ises. Yours very truly, Gilbert D. Chavenel1e City Manager Councilman Pregler moved that proper notices be sent and a pub- lic hearing be held on Monday eve- ning, June 28, 1971, in the Coun- cil Chamber at the City Hall. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter Meyers, Moldenhau- er, Pregler. Nays-None. May 25, 1971 To The Honorable Mayor and City Council This notice has not been com- plied with and 1 recommend that the City Council that the provi- sions of Ordinance No. 35-52 be enforced and that the owner of said building known as 668 Uni- versity Avenue, and located on Lot 2 of 1-1-11 in Kelly's Sub., City of Dubuque, Iowa, be required to dismantle said building and clean up the premises. Respectfully submitted, Gilbert D. Chavenelle City Manager May 4, 1971 Mr. Gilbert D. Chavenelle City Manager On November 6, 1969, an inspec- tion was made of a two story, sin- gle family, brick residence build- ing at 668 University Avenue, Du- buque, Iowa. The interior and exterior of this home are unclean, unsanitary, di- lapidated and unfit for human oc- cupancy. The conditions that are present offer a definite fire hazard, a breeding place for rats, an attrac- tive nuisance for children, and a detriment to this area. We recommend that immediate steps be taken to rectify this con- dition. The building is located on Lot 2 of 1-1-11 in Kelly's Sub., City of Dubuque, Iowa, and is owned by Mr. Robert A. Ring, 2834 Indiana Avenue, Dubuque, Iowa 52001, and Mrs. Virginia C. Ring, 593'h Ar- lington Street, Dubuque, Iowa 52001. Respectfully, Harold F. Zim!!1erman Housing Inspector Donald J. Bandy Building Commissioner Robert N. Dunphy Fire Chief Regular Session, June 7, 1971 205 May 4, 1971 Notice Mr. Robert A. Ring 2834 Indiana Avenue Dubuque, Iowa 52001 Mrs. Virginia Ring 593'h Arlington Street Dubuque, Iowa 52001 To Whom It May Concern: I have personally inspected the building known as 668 University Avenue, Dubuque, Iowa, and lo- cated on Lot 2 of 1-1-11 in Kel1y's Sub., City of Dubuque, Iowa, and the conditions as they have been reported to me by the Building Commissioner, Fire Chief and the Housing Inspector are substantial- ly correct. A copy of whose report is hereto attached and by refer- ence made a part bereof. According to City Ordinance No. 35-52, you are hereby given I ten (10) days notice to dismantle the building and clean up the premises. Yours very truly, Gilbert D. Chavenel1e City Manager City of Dubuque, Iowa Councilman Pregler moved that proper notices be sent and a pub. lie hearing be held on Monday evening, June 28, 1971, in the Council Chamber at the City Hall. Seconded by Mayor Couchman. Carried by the fol1owing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. May 25, 1971 To The Honorable Mayor and City Council This notice has not been com- plied with and I recommend to the City Council that the provi- sions of Ordinance No. 35-52 be enforced and that the owner of said building known as 2954 Dav- enport Street and located on Lot 1 of Mineral Lot 354, City of Du- buque, Iowa, be required to dis- mantle said building and clean up I the premises. Respectfully submitted, Gilbert D. Chavenelle City Manager May 4, 1971 Mr. Gilbert D. Chavenelle City Manager On February 27, 1970, an inspec- tion was made of a two story, sin- gle family, frame residence build- ing at 2954 Davenport Street, Du- buque, Iowa. The interior of this house is un- fit for human habitation. The elec- tric wiring is inadequate, no hot water, no bathroom facilities, both the interior and exterior of this building are becoming dilapidated and unsightly. The conditions that are present offer a definite fire hazard, a pos- sible breeding place for rats, an attractive nuisance for children and a detriment to this area. This building is located on Lot 1 of Mineral Lot 354, City of Du- buque, Iowa, and is in the William and Lillian Dean estate. The ad- ministrators of the estate are Mr. Ralph Dean, Riverside, Dubuque, Iowa 52001, and Mr. Raymond Dean, 3150 Ideal Lane, Dubuque, Iowa 52001. Respectfully, Harold F. Zimmerman Housing Inspector Donald J. Bandy Building Commissioner Robert N. Dunphy Fire Chief May 4, 1971 Notice Mr. Ralph Dean Riverside Dubuque, Iowa 52001 Mr. Raymond Dean 3150 Ideal Lane Dubuque, Iowa 52001 To Whom It May Concern: I have personally inspected the building known at 2954 Davenport Street, Dubuque, Iowa, and located on Lot 1 of Mineral Lot 354, City of Dubuque, Iowa, and find the conditions as they have been re- ported to me by the Building Com- missioner, Fire Chief and the Housing Inspector substantially correct. A copy of whose report is hereto attached and by refer- ence made a part hereof. According to City Ordinance No. 35-52, you are hereby given ten (10) days notice to dismantle the building and clean up the prem- ises. Yours very truly, Gilbert D. Chavenelle City of Dubuque, Iowa City Manager Councilman Pregler moved that proper notices be sent and a pub- lic hearing be held on Monday 206 Regular Session, June 7, 1971 May 4, 1971 evening, Jnne 28, 1971 In the Conncil Chamber at the City Hall. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays-None. May 25, 1971 To The Honorable Mayor and City Council This notice has not been eom- plied with and I recommend to the Cit,' Council that the provi- sions of Ordinance No. 35-52 be enforced and that the owner of said hnilding, known as 2494 Pin- ard Street and located on Lot 4 of Sub. 52, 53, 54 and 55 In Belle. vae Addition, City of Dnbuque, Iowa, he required to dismantle said building and clean up the premises. Respectfully submitted, Gilbert D. Chavenelle City Manager May 4, 1971 Chavenelle Mr. Gilbert D. City Manager On November 22, 1968, an in- spection was made of a two story, single family, frame residence building at 2494 Pinard Street, Du- buque, Iowa. The interior and exterior of this home are unclean, unsanitary, di- lapidated and unfit for human oc- eupanoy. The conditions th:rt are present offer a definite fire hazard, a breeding place for rats, an attrac- tive nuisance for children, and a detriment to this area. We recommend that immediate steps be taken to rectify thts con- dition. The bnilding is located on Lot 4 of Sub. 52, 53, 54 and 55 in Belle- vue Addition, City of Dubuque, Iowa, and is in the Barbara Kasper Trust, Trustee is Mr. Florian Kas- per, Jr., 2740 Andrew Court, Du. buque, Iowa 52001. Respce!fully. Harold F. Zimmerman Housing fnspector Donald J. Bandy Building Commissioner Robert N. Dunpby Fire Chief Notice Mr. Florian Kasper, Jr. 2740 Andrew Court Dubuque, Iowa 52001 Dear Mr. Kasper: I have personally Inspected the building knawu as 2494 Pinard Street, Dnbuq\1e, Iowa, and located on Lot 4 of Sub. 52, 53, 54 and 55 in Bellevne Addition, City of Du- buque, Iowa, and find the cond;. tions as they have been reported to me by the Building Commis- sioner, Fire Chief and the Hou.o- Ing fnspector substantially correct. A copy of whose report is hereto attached and by reference made a part hereof. According to City Ordin:m<:e No. 35-52, you are hereby given ten (10) days notice to dismantle the building and clean up the prem- iseo. Yours very truly, Gilbert D. Chavenelle City Manager Councilman Pregler moved that proper notices be sent and a pub- lic hearing be held on Monday eve- ning, June 28, 1971 in the Council Chamber at tbe City Hall. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. May 25, 1971 To The Honorable Mayor and City Council This notice has not been com- plied with and 1 recommend to the City Council that the provi. sions of Ordinance No. 35-52 be enforced and that the owner of said building known as 2313 Roos- evelt Street and located on Lot 2 in Jansen's Soh., City of Dnbuque, Iowa, be required to dismantle said building and clean up the premises. Respectfully submitted, Gilbert D. Chavenelle City Manager May 4, 1971 Mr. Gilbert D. Chavenelle City Manager On January 18, 1971, an inspec- tion was made of a one story, single family, tile residence build. ing at 2313 Roosevelt Street, Du- buque, Iowa. Regular Session, June 7, 1971 207 The interior of this home is un- fit for human habitation. The electric wiring is inadequate, no hot water, no tub or shower or Javatory, both the interior and ex- terior of this building are dilapi. dated and unsightly. The conditions that are present offer a definite possible breeding place for rats, a fire hazard, an attractive nuisanÅ“ for children and a detriment to this area. This building is located on Lot 2 in Jansen's Sub., City of Du- buque, Iowa, and is owned by Gail B. Wunderlich, P. O. Box 248, Sha- dy Cove, Oregon 97539. Respectfully, Harold F. Zimmerman Housing fnspector Donald J. Bandy Bnilding Commissioner I Robert N. Dunpby Fire Chief May 4, 1971 Notice Mrs. Gail B. Wunderlich P. O. Box 248 Shady Cove, Oregon 97539 Dear Mrs. Wunderlich: I have personally inspected the building known as 2313 Roosevelt Street, Dubuque, Iowa, and located on Lot 2 in Jansen's Sob., City of Dubuque, Iowa, and find the con- ditions as they have been reported to me by the Building Commis- sioner, Fire Chief and the Housing fnspector substantially correct. A copy of whose report is hereto at- tached and by referenee made a part hereof. According to City Ordinance No. 35-52, you are hereby given ten (10) days notice to dismantle the building and clean up the prem- ises. Yours very truly, Gilbert D. Chavenelle City Manager City of Dubuque, Iowa Councilman Pregler moved that proper notiee.s be sent and a pub- lic hearing be held on Monday eve- ning, June 28, 1971 in the Council Chamber at the City Hall. Second- ed by Mayor Couchman. Carried by the folIowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays-None. June 2, 1971 To the Honorable Mayor and City Council This is to advise that I have ap- proved the following policies and bond, and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY M. F. Goerdt Construction Co., Bi- tuminous Casualty CorPoration Merlin Goerdt, d/b/a M. F. Goerdt, Construction Company, Bitumi- nous Casualty Corporation Adrian C. Swift, d/b/a Swift, Plumbing & Heating Co., The Ohio Casualty Insurance Co. SIDEWALK Kenneth Schromen, The Ohio Cas- ualty Insurance Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of filing policies subject to approval of the City Solicitor. Sec- onded by Mayor Couchman. Car- ried by the fol1owing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 3, 1971 To the Honorable Mayor and City Council I am submitting for your con- sideration a request on behalf of the directors and staff of Corner- stone for a permit to conduct a door-to-door fund drive on Tues- day, June 15, 1971. The solicitation will begin at 10:00 AM. and will continue to 8:00 P.M. or until the work is completed. Mr. Jack Hanson, President of Cornerstone, has heen contacted and he said that churches, profes- sional and business organizations are being contacted to work as so- licitors. Mr. Hanson also said th:rt a representative of the Board of Directors will attend Council meet- ing to discuss the proposal with you. Respectfully, Gilbert D. Chavenel1e City Manager Councilman Moldenhauer moved approval and referred to the Man- ager fur implementation. Second- 208 Regular Session, June 7, 1971 ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Councilman Bitter moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Moldenhauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Mr. Jim Reynolds of 3550 Key- mont Drive addressed the Coun- cil by stating that Cornerstone needs about $6000 to match grant of the Crime Commission. They have no paid staff at the present time. 11 is not comparable to op- eration of crossroads. Strictly non- profit organization. June 3, 1971 To the Honorable Mayor and City Council I am returning to you the in- quiry of Mr. Ronald G. Rauch about the recycling of aluminum cans. For your information 1 am en- closing a copy of a letter received from Mr. Cletus Allen on the sub- ject and a copy of my letter to Mr. Rauch stating what we were able to find out about recycllng aluminum cans, and that it does not presently seem feasible that such an operation be undertaken by the city refuse department. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 4, 1971 To the Honorable Mayor and City Council I am returning to you the peti- tion of John Zurcher requesting the vacation of a section of al1ey extending off of Marquette Street. 11 is suggested that for the pres- ent the petition be denied. I have talked to the petitioner <t- and have informed him of this recommendation. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Couch- man. Carried by the fol1owing vote: Yeas - Mayor Meyers, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. May 26, 1971 Hon. Mayor & City Council On May 7, 1971, the City of Inglewood, California wrote your Honorable Body asking that you join with the City of Inglewood, California in support of a bill re- quiring that air craft engines be made quieter. 1 have reviewed the matter and conferred with the City Manager and in view of the fact that the City of Dubuque operates an air- port, 1 would recommend that the City not go on record for any par- ticular action until further infor- mation can be obtained. Correspondence of the City of Inglewood, California is returned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. May 26, 1971 Hon. Mayor and City Council On the 8th day of March, 1971, Original Notice with Petition at- tached was served on the City of Dubuque by Ecumenical Housing, Inc. claiming damages in the amount of $54,033.00 allegedly aris- ing out of the damages suffered to a building from fire and claim- ing that the City of Dubuque, one of the defendants, was negligent. This matter was referred to the City Attorney and who also re- ferred the same to the appropri- ate agency, who, together with its counsel and the City Attorney en- tered resistance to said action. Regular Session, June 7, 1971 209 On the 7th day of May, 1971, May 13, 1971 the District Court of Dubuque Hon. Mayor and City Council County, Iowa entered an order mak- On April 23, 1971, Gary William ing adjudication that the petition Meyer of 1855 Wood Street, this of the plaintiff's action against the city, filed claim against the City City of Dubuque, Iowa does not of Dubuque for damages to his state a civil wrong by the City of auto in the total estimated amount Dubuque or any of its employees of $320.00 and claiming therein or officers for which plaintiff is that said damages occurred on entitled to recover against it; in April 9, 1971 as the result of effect, the Court makes an adjudi- striking a pile of loose dirt and cation that the plaintiff does not debris on Cox Street just off Loras have a cause of action against the I Boulevard and which pile was not City of Dubuque. lighted. Unless there is an appeal, this This matter was investigated by closes the matter and Original No- the City Attorney's office and who tice and the Petition are herewith checked with the Street Depart- retorned. ment, and I have conferred with Respectfully submitted, the claimant who has made an of- R N Russo fer of settlement of this claim in City 'Attorney the amount of $274.39 and it is the recommendation of the City At- Mayor Couchman moved that torney that said offer of settle- the communication be received ment be accepted and that the and filed. Seconded by Council- City Auditor be instructed to man Moldenhauer. Carried by the draw a warrant payable to Gary following vote: William Meyer in the amount of Yeas - Mayor Couchman, Coun- $274.39 and transmit the same to cilmen Bitter, Meyers, Molden- the City Attorney for delivery up- hauer, Pregler. on receipt of duly executed re- Nays-None. leases. Original claim is returned herewith. Respectfully submitted, R. N. Russo Mayor Couchman moved approv- al of the recommendation. Second- ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. May 26, 1971 Hon. Mayor & City Council On May 3, 1971, George C. Vogel of 2300 Windsor Avenue, this city, filed claim against the City of Dubuque in the amount of $30.00 and alleging therein that said dam- ages occurred to one of his auto- mobile tires as the result of sharp edges of curbing between 2300 and 2302 Windsor Avenue. This claim has been referred to the City Attorney and I have made an investigation of this claim and I have examined the site and it is my opinion that there is no ac- tionable negligence on the part of the City of Dubuque and there- fore recommend denial of said claim. Original claim is returned herewith. Respectfully submitted, R. N. Russo City Attorney Mayor Couchman moved approv- al of the recommendation. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. April 26, 1971 Hon. Mayor and City Council On August 20, 1970, Ralph Blas- er of 2410 Queen Street filed claim against the City of Dubuque claim- ing damages in the amount of $30.00 as the resuIt of damages to his vehicle when it dropped in a hole in the street on Seventh Street between Main and Locust Street. At that time the said street was under construction by Goerdt Construction Company. This matter was then referred to Goerdt Construction Company and after considerable correspond- ence and inquiry back and forth, it has been learned that Goerdt Construction Company, through its insurance carrier, has denied Mr. Blaser's claim on the grounds that 210 Regular Session, June 7, 1971 he was contributorily negligent in the operation of his vehicle at said time and place. It appears that Mr. Blaser was passing a ve- hicle parked in front of him and in going around this vehicle his car dropped into a portion of the street that was being worked up- on at that time. This matter has been investi- gated by the City Attorney's office who has been in correspondence with Goerdt Construction Company representatives as wel1 as the Hart- ford Insurance Company Group, insuring Mr. Goerdt, and in view of their findings, it is the rec- ommendation of the City Attorney that the claim of Ralph Blaser against the City of Dubuque be denied and that the original claim is returned herewith. It would appear that if Mr. Bla- ser has a claim it should be as. serted against the Goerdt Con- struction Company and that he would in all likellhood have to commence an action to enforce collection. Respectfully snbInitted, R. N. Russo City Attorney Mayor Couchman moved approv- al of the recommendation. Second- ed by Councilman Pregler. Carried by the fol1owing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- bauer, Pregler. Nays-None. Communication of John J. Pins objecting to the way his car claim was handled based upon informa- tion received from the City Attor- ney's office, presented and read. After hearing an explanation by the City Attorney in defense of his action Councilman Pregler moved that the communication be re- ceived and filed and the objec- tion overruled. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 2, 1971 Ron. Mayor and City Council On January 26, 1971, Mrs. Doro- thy Kamentz of 1831 Jackson Street, this city, filed cllÛm against the City of Dubuque, Iowa, in the amount of $421.75 for injuries al- legedly suffered on the 4th day of January, 1971 as the result of an alleged fall in the street at or near the northeast corner of 19th and Jackson Street, because of snow covered ice and claimant alleging that as a result of said fall she snf- fered a fractured right wrist, and this matter was referred to the writer. 1 have made an investigation of this matter and have reviewed the medical bills and have con- ferred with the claimant, who has made an offer of settlement of this cllÛm in the amount of $100.00, and it is the recommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be instructed to draw a warrant payable to Mrs. Dorothy Kamentz and Harold Ka- mentz, wife and husband, in the amount of $100.00 and transmit the same to the City Attorney for delivery upon receipt of duly exe- cuted releases. Original claim is returned herewith. Yours very truly, R. N. Russo City Attorney Mayor Couchman moved approv- al of the recommendation. Second- ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Notice of petition at law in the amount of $710.80 by Robert & Livija Klauer as a result of damage to property at 687 Needham due to a defective fal1en tree on July 15, 1970, presented and read. Council- man Meyers moved that the no- tice be referred to the City S0- licitor for investigation and re- port. Seconded by Councilman Bit- ter- Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Notice of third party petition by the L C- Railroad Company as De- fendant and third party petitioner in the case of John Wolfe who sustained personal injuries while working on flood protection on April 17, 1969, presented and read. Councilman Meyers moved that the Regular Session, June 7, 1971 211 notice be referred to the City So- licitor for investigation and re- port! Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Notice of claim of M. P. Kluck & Sons Inc., in the amount of $13,748.65 against Healy Mechani- cal Contractors Inc. for labor and material furnished in the construc- tion of Cedar Lift Station, present- ed and read. Councilman Meyers moved that the notice be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Notice of claim of Helen Marie Holz, in the amount of $75.00, for I personal injuries received in a fall on a defective sidewalk on the east side of Main Street between 8th and 9th on May 3, 1971, pre- sented and read. Councilman Mey- ers moved that the notice be re- ferred to thè City Solicitor for in- vestigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Notice of claim of Mrs. Anthony Hohmann in the amount of $35.00, for personal injuries and property damage incurred as the result of a fal1 on East 22nd Street on May 21, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. I Notice of claim of Mrs. Regina Ahern, in an undetermined amount, for personal injuries re- ceived in a fall on a defective sidewalk on the east side of Bluff Street on April 16, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilmau Bitter. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Notice of claim of Aid Insur- ance Services, in behalf of Jerry McClun, in an estimated amount of $9.92 for car damage received between 12th and 13th Street on Iowa on May 24, 1971, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Notice of claim of Mrs. Olivia Heston, in the amouut of $4.27, for car damage incurred as the re- sult of striking a protruding piece of metal in a curb at 13th & Cen- tral Ave. on May 17, 1971, present- ed and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- bauer, Pregler. Nays-None. Notice of claim of Mrs. Gladys Blackbourn, in an undetermined amount, for personal injuries re- ceived in a fall on a sidewalk at the Gulf Station on Locust Street On May 28, 1971, presented and read. Councilman Meyers moved that the notice of claim be re- fered to the City Solicitor for in- vestigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Notice of suit of Cletus Paul Grace in the amount of $75,000 for personal injuries received in a fall on a defective sidewalk in the seven hundred block of Hill Street on March 10, 1971, present- 212 Regular Session, June 7, 1971 ed and read. Councilman Meyers moved that the notice of suit be referred to the City Solicitor for investigation and report. Second-I ed by Councilman Bitter. Carried by the following vote: Yeas -Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of public hearing on a proposal to amend Zoning Ordinance No. 3-34 by amending Article IV Section 2 (h) thereof to include Lot 2 and Lot 3 of Sidonia Hosford's Sub. in professional office use classifi- cation presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. 20-71 An Ordinance amending Ordi. nonce No. 3.34 known os the Zoning Ordlnonco of tho City of Dubuque, lowo, by omending Ar- ticle IV, Section 2 (h) thereof to include certoin described reol estote In which professionol of. flees or studios of 0 physician, dentist, architect, engineer, law. yer, reoltor, insuronce, musician, or similar professions may be permitted, (Nemmers. Pearson. Adams Realty), Said Ordinance having been pre- viously presented and read at the Council meeting of May 3, 1971, presented for Final Adoption. 71 ;-- ìOf,t,¡on ,. Thof Ordlnonoo No. 3-34 known a. tho Z,,'ng Map ond Zoning Ordlnan" of 'ho cny of D"b"", Iowa b8 and tho ..ma I. ho"bY P 7th tf.6/11 Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to amend Ordi- nance No. 3-34 known as the Zon- ing Map and Zoning Ordinance of the City of Dubuque to classify the recently annexed territory as Multiple Residence District, Lot 1 of 1 of 1 of 1 of 1 of 1 and Lot 2 of 1 of 1 of M. L. 324, SW¥4 NWV. Sec. 12, Lot 1 of N'h SEV. NWV. Section 12, Lot 1 of M. L. 325, Lot 3 NW¥4 NW¥4 Section 12, al1 in TWP 89 North Range 1 East of 5th P. M. presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Couchman moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the fol1owing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. 21-71 An Ordinance zoning and clo.. sifylng recently annexed terri tory to the City of Dubuque, lowo, os 0 "Multiple Residence District" which reol estote is hereinafter describod (Monter. nach Mobile Court). Said Ordinance having been pre- viously presented and read at the Regular Session, June 7, 1971 213 Council meeting of May 3, 1971, presented for final adoption. Section 2. Tho' ..Id '..,UOry .. and the ..ma .ho" ba In and 'acoma parf of tha F,",,"enth VoUno Pr.. dn" of D"b""". lowo. Pa."d. a..roved and adopfed thl. 7th day of J"na. 1971. Gayl"d M. Co"chm" Mam won" A. P"ol" Wayne A. Moidanha", Donald R. Mem. Jo"ph J. BUf" Co"ncllm," A Loo C P Ta'...aph- H""d lth day of J"na 197]. Loo F. Frommelt City CI"k. tf.6/11 Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Councilman Meyers. Car- ried by the fol1owing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. May 13, 1971 Honorable Mayor and Council Members The Planning and Zoning Com- mission has held a public hearing on the Manternach Mobile Home Park Plan. This property is located on Peru Road, in the City of Du- buque, 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 opinion of the Commission that a mobile home park would be an appropri- ate use for this area and that it would meet a need in the commun- ity. It is the recommendation of tbe City Planning and Zoning Commis- sion that this plan be approved by the Council. Respectfullv submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved that the recommendation be received and filed. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pre~ler. Nays-None. RESOLUTION NO. 139.71 RESOLUTION A1'PROVING THE PLAN OF "TERRACE HEIGH1'S MOBILE HOME PARK" IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a plat of "Ter- race Heights Mobile Home Park" in the City of Dubuque, Iowa by Thomas J. Manternach and Sons, Dubuque, Iowa; and WHEREAS, said plan has been examined by the City PlanniM and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said plan has heen examined bv the City Council and they find that the same conforms to statutes and ordinances relating thereto: NOW THEREFORE. BE IT RE- SOLVED bv the City Council of the City of Dubuque, Iowa: Section 1. That the plan of "Ter- race Heights Mobile Home Park" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Council are hereby authorized and di- rected to endorse the approval of the City of DuhuQue, Iowa, upon said plan, provided the owners of said property herein named, exe- cute their written acceptance here- to attached agreeing: a. To comply with all require- ments of the City of Du- buque, Iowa, and the City of Dubuque Mobile Home Regu- lations. 214 Regular Session, June 7, 1971 b. To reduce aU streets to grade and to construct concrete curb and gutter and to hard surface same with bitumi- nous concrete, or with 6'1," concrete paving with integral curb, all in accordance with City of Dubuque standard specifications; c. To install sanitary sewer mains and sewer service lat- erals in accordance with per- formance standards submit- ted; d. To instaU water mains and water service laterals in ac- cordance with performance standards submitted; e. To install storm sewers and catch basins in accordance with performance standards submitted; f. To install concrete sidewalks in accordance with perform- ance standards submitted; g. To construct the foregoing improvements in accordance with plans and specifications approved by the City Manag- er, under the inspection of the City Engineer; and in a manner approved by the City Manager; h. To maintain the foregoing improvements from the date of their acceptance by the City of Dubuque, Iowa; i. To provide the foregoing con- struction and maintenance at the sole expense of tbe Own- er. the "Terrace Heights Mo- bile Home Park." Passed, adopted and approved by unanimous recorded roll call this 7th day of June, A.D., 1971. Gaylord M. Couchman Mayor Wayne A. Moldenhauer Joseph J. Bitter Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 139.71 I, the undersigned Thomas J. Manternach, having read the terms and conditions of the foregoing Resolution No. 139-71 and being familiar with the conditions there- of, hereby accept the same and agree to perform the conditions required therein. Dated at Du- buque, Iowa, this 9th day of June, 1971. /s/ Thomas J. Manternach-Owner Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the fol1awing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to amend the cur- rent budget by increasing expen- ditures in the Recreation Fund from $548,645 to $561,632. present- ed and read. Councilman Pregler moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- bauer, Pregler. Nays-None. Communication of Playground and Recreation Commission sub- mitting a report on the Hempstead swimming program for March, April and May of 1971, showing the use of the facility and being of the opinion that indoor swim- ming is needed in the winter, pre- sented and read. Councilman Bit- ter moved that the communica- tion be received and filed. Second- ed by Mayor Couchman. Carried by the fol1owing vote: , Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Communication of Dubuque Area Legal Services Agency ob- jecting to the proposed raise in swimming pool rates general1y and in addition to the proposed multiple ticket price discount method, presented and read. Coun- cilman Pregler moved that the communication be received and filed- Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Mr. Henry Waitt appeared be- fore the Council and submitted two written statements of protest to the increase of expenditure re- Regular Session, June 7, 1971 215 quested by the Recreation Com- mission of $12,000, as being in vio- lation of the Code, being discrimi- natory, and the rates have been placed in effect before the hear- ing. Mayor Couchman moved that the communications be received and filed. Seconded by Council- man Bitter. Carried by the fol1ow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Pregler moved that the budget increase for the Rec- reation Commission be denied. I Seconded by Councilman Meyers. Roll call on the motion was as follows: Ye.. - Councilmen Meyers, Pregler. Nays-Mayor Couchman, Coun- cilmen Bitter, Moldenhauer. MO- TION FAILED. ORDINANCE NO. 25-71 An Ordinance amending the budget as approved by Ordi. nances numbered 1.71, 10-71 and 13.71, said Ordinance having been pre- viously presented and read at the Council meeting of May 10, 1971, presented for final adoption. TOTAL EXPENSe...:.12:iõ7:õõ Pa"ed. adOP1ed and apProved 1hl' lIh day" Ju"e, 1911. Gaylont M. Coud>man May", WaYOe A. MoId..ha... J..ePh J. BI1Ie, Cou",l1m.. ATTEST, L... F. F'ommol1 City Cle'" Pub",hed oln"a"y In The Tel...aph- H...,d New,pape, "", 11'" day of June, 1971. L... F. F,ommel1 City Cle,k- It. om Councilman Moldenhauer moved final adoption of the Ordinauce. Seconded by Councilman Bitter. Carried by the fol1owing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Moldenhauer. Nays - Councilmen Meyers, Pregler. ORDINANCE NO. 26-71 Granting Kenneth A. Hartig the revocable permit to construct a portion of a structure over pub. licrights-of.way, presanted and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Councilman Bitter moved tbat the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Regular Session, June 7, 1971 ",Ig" ,hall have", claim, "O, a,. egal"f the Cltv, It, of- °' age"" 10' aov - ,'" 216 ,em,"1 h"eo", ,"d el" will be bl"dl"g """', '" ,"cce",," ,",II ,"d "d ATTEST, Leo F. F,ommelt Cltv , ACCE ~ji~~~~è;~i~it ~;":v.\~e~be~~,tlg '" .The Te;.."ph- J""e, 1. th" 15th dav of L~:c~;~mmelt 1I.611S Councilman Bitter moved final adoption of the Ordinance. Sec- onded by Councilman Meyers. Car- ried by the foilowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. 27.71 An Ordinance amending Ordi. nance No. 31.52 by repeeling section 3 thereof end enlcting e new Section 3 in lieu thereof to provide thet operators of service stations shall be re- quired to obtlin license and pey fee therefor in the emount of ten ($10.00) dollars, presented and reed. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- Regular Session, June 7, 1971 217 man Meyers. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. /- p¡,¡..; appi.v;d 7th day of J""e. 19... GaYlo'd M. Co,chma" Mam Waite, A. P"gle, Wayoe A. Molde"ha,e, Do"ald R. Mev"" Jo,eph J. Blfte, Co""cllme" ATTEST' Leo F. F..mmelt Clfy Clerl<. P,b","'" officially '" The Telemph- H"ald New,pa.., thi, 11th day of J""e. 1971. Leo F. F'ommelt Cltv Cle,k. 11.6111 Councilman Bitter moved final adoption of the Ordinance. Sec- onded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. ORDINANCE NO. 28.71 An Ordinance amending Ordi. nance No. 33-49 known as the "Traffic Code of Dubuque, lowI" es amended, by amending Sec. tion A of Schedule III by Idding a new Subsection 24 thereto to provide that eastbound and westbound motor vehicles must stop before entering the inter- section of Atlantic Street and Custer Street, presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the fol1owing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None, T c_.-.- .'-"0'. NOW THEREFORE BE IT OR- OAINEO BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA' Sedlo" I. That O,dl","~ No. 33-49 of 0,- be a"d bYadd- Sectlo" follow" A."ouvco ..,. ". AtI,"tlc St,..t a"d C"'e' Sl'eel."' 7tf"J::"Ófa.r~~g~~71~"d adopted lhi, Gaylo,d M. Co",hma" Mayo, Waite, A. P,egle, WaYOe A. Molde"ha,e, Do"ald R. MeYe" JO",ph J. Bltte, Co""cllme" '" Tha Tel..,aph- fhi, 111h day of 11.6111 Councilman Bitter moved final adoption of the Ordinance. Second- ed by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. ORDINANCE NO. 29-71 An Ordinance estlblishing a cur. few for minors end providing penllties for violation thereof, presented and road. Mr. Joseph Paradiso inquired as to the Ordinance being consti- tutional. Mr. Bob Day of 1630 Ru- ann Drive stated that the Ordi- nance is unsound and trying mor- al standards. If enacted the ordi- nance would overburden the police and could never be effective. Stan Hodge of 1945 Ungs Street in- 218 Regular Session, June 7, 1971 quired as to the petition contain- ing 460 signatures which was sent to the Advisory Commission which definitely is against a curfew along with the Youth Council. Mrs. Edna Thompson stated that chil- dren should be told what parents want. Thomas Douglas O'Rourke of 536 Fenelon PJace was of the opinion that a majority of good kids would be punished for that ever present bad minority. No cur- few ordinance is needed to push down the good ones. March 3, 1971 Ron. Mayor & City Council At tbe meeting of the City Council on March 1, 1971, the mat- ter of "curlew" was discussed and you have acted upon same by pro- viding for a joint session with the City Council and the City Attorney to consider the further drawing up of a "curfew" ordinance, I would submit the following for your care- ful and serious consideration: 1. Is there a demonstrable need for such type ordinance? What problems affecting the public in- terests relating to juveniles are intended to be cured or corrected? 2. What evidence exists or is present that would lead one to reasonably conclude that the pro- posed "curfew" ordinance would cure or correct such problems? 3. What is the reasonable likeli- hood of having said ordinance rea- sonably enforced? For purposes of your considera- tion, I think it would be impor- tant to direct the attention of this document to Question No.3 as questions No.1 and No.2 have been openly discussed at your Council meeting. CHAPTER 232, 1970 Code of Iowa. "NEGLECTED, DEPENDENT AND DELINQUENT CHlLDREN." 231.1 Rule of construction. This chapter shall be liberally con- strued to the end that each child coming within the jurisdiction of tlie juvenile court shall receive, preferably in his home, the care, guidance, and control that wil1 conduce to his welfare and the best interests of the state, and that when he is removed from the control of his parents, the court shall secure for him care as nearly as possible equivalent to that which he should have been given. -.,. , 232.2 Definitions. 1. "Court" means the juvenile court as established under chap- ter 231. 2. (not relevant) 3. "Child" meaos a person less than eighteen years of age. 4. "Minor" means a person less than twenty-one years of age. 5. "Adult" means a person twen- ty-one years of age or older. Subsection 6 through 12, not relevant. 13. "Delinquent child" means a child: a) Who has violated any state law or local laws or ordinances except any offense which is ex- empted from this chapter by law. b) Who has violated a federal law or a law of another state and whose case has been referred to the juvenile court. c) Who is uncontrolled by his parents, guardian or legal custo- dian by reason of being wayward or habitual1y disobedient. 14. "Dependent child" means a child: a) Who is without a parent, guardian or other custodian. b) Who is in need of special care and treatment required by his physical or mental condition which the parents, guardian, or other cus- todian is unable to provide. c) Whose parents, guardian, or other custodian for good cause de- sires to be relieved of his care and custody. 15. "Neglected child" means a child: a) Who is ahandoned by his par- ents, guardian, or other custodian. b) Who is without proper par. ental care because of the emotion- al, mental, or physical disability, or state of immaturity of his par- ents, guardian, or other custo- dian- c) Who is without proper par- ental care because of the faults or habits of his parents, guardian, or other custodian. d) Who is llving under condi- tions injurious to his mental or PhYsical health or welfare. 232.3 Information. Investigation Petition "Whenever the court or any of its officers are informed by any competent person that a minor is within the purview of this chapter, Regular Session, June 7, 1971 219 an inquiry shall be made of the facts presented which bring the minor under this chapter to de- termine whether the interests of the public or of the minor re- quire that further action be taken. Mter such an inquiry the judge, probation officer, or county attor- ney may authorize the filing of a petition with the clerk of the court by any informed person with- out payment of a filing fee. If the facts pleaded are admitted by the minor and consent is obtained from tbe parents, or guardian of the minor, the court may make whatever informal adjustment is practical without holding a formal hearing. Efforts to affect informal adjustment may be continued not longer than three months without review by the judge. The petition and subsequent court documents shal1 be entitled "In the interest of ."""""""""""", a child." The petition shall be verified and any statements may be made upon information and be- lief. The petition shall set forth plainly: 1. The facts which bring the chUd within the purview of this chapter. 2. The name, age and residence of the child. 3. The names aod residences of the parents of the child. 4. The name and residence of the legal guardian of the child if there is one, of the person or per- sons having custody or control of the child, or of the nearest known relative of the child if no parent or guradian can be found. If any of the facts herein re- quired are not known by the pe- titioner the petition shall so state. Complaint with reference to more than one child may be em- braced in one count of the petition subject to heing later divided or separate hearings held on order of the court." From the foregoing it appears that the eomplaint or petition must state or allege that the child vio- lating the "curfew" ordinance is a delinquent child and obviously by definition cannot be considered a neglected or dependent child. Therein lies the crux of the problem, in that to charge a child with the violation of a "curfew" ordinance one would have to state under oath that such child is a de- linquent child in that said child did violate the "curfew" ordi- nance. From a prosecutor's stand- point defense counsel would have a virtual bonanza. Enforcement would virtually be impossible. 232.28 Right to counsel. "The child, parents, guardian, or custo- dian shall have the right to legal counsel. If the minor, parents, guardian, or custodian desire but are unable to employ counsel, such counsel shall be appointed by the court." Despite all of the rumors, dif- ferences of opinions, and ideas that one may have relating to the handling of juveniles whether by "curfew" ordinance or otherwise, it should be clearly and unequivo- cal1y borne in mind that a juvenile can only be handled in the man- ner set out in Chapter 232.2, that is to say, that only the juvenile court has jurisd;ction over that child, except in those cases where he commits an offense which is exempted from this ehapter by law. A good example of that is a "child" violates a motor vehicle law is treated as a traffic offend- er by either the police court, the municipal court, or the Mayor's court, or which ever court it mi~ht be, rather than juvenile court, sim- ply because the law makes that exception, specifically. Unless such exception is made, all other in- stances the child must be handled and processed through juvenile court. Cited cases where a child is ta- ken to Justice of the Peace court for violation of a City ordinance or cnrfew ordinance is clearly in violation of the statnte as such child must he processed through the juvenile court. In closing, I wish to point out to you that in my experience and in my opinion that one would have a very, very difficult time with any reasonable court in attempt- ing to go in hefore that Judge, or Judges, to establish th¡at a child is a delinquent because he violated a curfew ordinance. If one is to consider the fact that said child has repeatedly violated the curfew ordinance, then it no longer becomes a question of vio- lating the curfew ordinance, but becomes a question of whether or 220 Regular Session, June 7, 1971 not the child is delinquent by ORDINANCE NO. 29.71 reason of other violations, or, the An Ordinance establishing a cur. child is a dependent or neglected few for minors and providing child and, in which of any event, penalties for violations thereof. there is ample provisions as here- BE IT ENACTED by the Council inabove cited to cover such a con- of the City of Dubuque: tingency as distinguished from en- SECTION I. PURPOSE. The pur- acting a "curfew" ordinance. pose of this Ordinance is to regu- 1 believe that if a curfew ordi- late, by the establishment of a nance were to be enacted it would curfew, the hours minors can be result in the knowledgeable juve. or remain upon the alleys, streets niles in increasing their contempt other public places, and places of for the police, for the City Council business and amusement in this and for law enforcement in gen- City. era!. SECTION 2. DEFINITIONS. For 1 beleive .that the Coun~l ~o purposes of this Ordinance the well to consIder the foregomg m following words and phrases are the light of its stated objectives defined: in enacting a "curfew" ordinance. "Minor" means any person be- So that there can be no misun- low the age of 17 years. "Habit- derstandings, this office will not ual1y violates" refers to any mi- release the contents of this letter nor who has violated the pro- to any of the news media. visions of this ordinance more I believe if any of the Council than two (2) times. desires to release the contents of SECTION 3. TIME LIMITS. It this letter to any of the news is unlawful for any minor to be or media, then, care should be made remain upon any of the alleys, that all of the news media re- streets or public places of business ceive it at the same time and that and amusement in this City be- the full contents of this letter be tween the hours of eleven o'clock delivered to such news media. P. M. on Sunday, Monday, Tuesday, Respectfully submitted, Wednesday, and Thursday, and R. N. Russo five o'clock A.M. of the fol1owing City Attorney day, official City time. Councilman Bitter moved that It is unla~ul for any minor to the communication be received be or remam upon .any of the and made a matter of record. Sec- alleys, street~ or publIc places or onded by Mayor Couchman. Car- !,lace~ of busmess and amusement ried by the following vote' m thIs CIty between the hours of Yeas - Mayor Couchma~, Coun- twelve o'clock P:M. o~ Friday and cilmen Bitter Meyers Molden- Saturday, and fIve 0 clock A. M. hauer Pregle~ ' of the following day, official City Naýs-None. . time. . SECTION 4. EXCEPTIONS. The Councdma!' Pregler move~ that restriction provided by section the r~admg J~st had be con~ldered three (3) of this ordinance shall the flCst readmg of ~he Ordmance. not apply to any minor who is ac- Seconded b~ CouncIlman Mold.en- companied by a guardian, parent, hauer. Camed by the followmg or other person charged with the vote: ., care and custody of such minor, Yeas - Councdmen Bl!ter, Mol- nor shall the restriction apply to denhauer, Pregler. any minor who is traveling be- . Nays-Mayor Couchman, Coun- tween his home or place of resi- Cllman Meyers. dence and the place where any Councilman Pregler moved that approved church, municipal or the rule requiring an Ordinance school function is being held, or to be read on three separate days between his home or place of resi- be waived. Seconded by Council- dence and his legitimate place of man Moldenhauer. Carried by the employment. following vote: SECTION 5. RESPONSIBILITY Yeas - Councilmen Bitter, Mol- OF ADULTS AND PLACES OF denhauer Pregler. BUSINESS AND AMUSEMENT. Nays-Mayor Couchman, Coun- It is unlawful for any parent, cilman Meyers. guardian or other person charged Regular Session, June 7, 1971 221 with the care of any minor to allow or permit such minor to be in or upon any of the streets, al- leys, places of business or amuse- ment or other public places with- in the curfew hours set by section three (3) of this Ordinance, except as provided in section four (4) of this Ordinance. It is unlawful for any person, firm, or corporation operating a place of business or amusement to allow or permit any minor to be in or upon any places of business or amusement operated by them within the curfew hours set by section three (3) of this Ordi- nance, except as provided in sec- tion four (4) of this Ordinance. SECTION 6. PENAL TIES. Any person, firm or corporation who violates the provisions of section five (5) of this Ordinance shall, upon conviction, be subject to im- prisonment not exceeding thirty days, or a fine not exceeding one hundred dol1ars. Any peace officer of this City is hereby empowered to arrest any minor who violates any of the pro- visions of section three (3) and four (4) of this Ordinance. Upon I being arrested, the minor shall be returned to the custody of the par- ent, guardian or other person charged with the care and custody of the minor. If a minor habitually violates the provisions of sections three (3) and four (4) of this Or- dinance, the chief of police shall notify the probation officer, or the County attorney if there is no pro- hation officer, of the violations and shall prepare a statement set- ting forth the violations and shall prepare a statement setting forth the violations to be filed with the clerk of the juvenile court upon the approval of the probation of- ficer or county attorney. SECTION 7. REPE:ALER. All Or- dinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: SECTION 8. SAVING CLAUSE. If any section, provision, or part of this Ordinance shall be ad- judged to be invalid or unconsti- tutional, such adjudication shall not affect the validity of the Ordi. nance as a whole or any section, provision or part thereof not ad- judged invalid or unconstitutional. SECTION 9. WHEN EFFECTIVE. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed by the Council the .......... ri~~~~ i¡;¡~"::::::::::"da~'~f .~~~...~~ Councilman Pregler moved final adoption of the Ordinance. Vote on roll call: Yeas-Councilmen Pregler, Mol- denhauer. Nays-Mayor Couchman, Coun- cilmen Bitter, Meyers. MOTION FAILED. Petition of Takos Realty Co. re- questing permission to plant trees around the building at W. 3rd and Locust Street, presented and read. Councilman Pregler moved that the petition be approved contin- ~ent upon approval of the Park Board and Engineering Depart- ment. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of Amvets Auxiliary Dubuque Post #3 requesting per- mission to sell white clovers on August 13th and 14th, presented and read. Mayor Couchman moved approval of the petition with re- ferral to the Manager for imple- mentation. Seconded by Council- man Bitter. Carried by the follow. ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Karl V. Williams re- questing that Karl's Auto Care Center located at 405 E. 21st St. located on Lot 2 of 1 of Kniest Street sub. be rezoned from Local Business "A" to Local Business "B" classification, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commis- sion for investigation and report. Seconded by Councilman Meyers. Carried by the fol1owing vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. 222 Regular Session, June 7, 1971 Petition of Robert Day et al re- (Nece..!ty for Improvement) questing permission to paint ad- RESOLUTION NO. 129-71 dresses on curbs in front of resi. WHEREAS, proposed plans, dences, presented and read. Coun- specifications, form of contract cilman Moldenhauer moved that have been duly prepared and ap. the petition be referred to the proved by the City Council of the Manager. Seconded by Mdyor City of Dubuque and are now on Couchman. Carried by the follow- file in the office of the City Clerk ing vote: showing among other things the Yeas - Mayor Couchman, Coun- following: cilmen Bitter, Meyers, Molden- 1. An estimate of the cost of hauer, Pregler. the proposed improvement for the Nays-None. Crissy Drive Storm Sewer-from Petition of Optimist Club of Du- Kaufmann Ave., 575 feet north- buque requesting permission to 1971. sell garbage bags in Downtown BE IT THEREFORE RESOLVED Plaza on Saturday July 17th, pre- that the City Council on its own sented and read. Mayor Couc~- motion or upon petition of prop- man moved approval of the peb- erty owners, deems it advisable lion and same be referred to the and necessary for the public wel- l\Ianager for implemer,tation. Sec- fare to make the hereinmentioned onded by Councilman Meyers. Car- improvement, and unless property ried hy the following vote: owners at the time of the final Yeas - Mayor Couchman, Coun- consideration of this proposed res- cilmen Bitter, Meyers, JIIoldenhau- olution have on file with the City er, Pregler. Clerk objections to the amount of Nays-NoDe. the cost of improvement, they Petition of Ron Blakeman re- shall be deemed to have waiv-ed questing a refund of $100 on the all objections thereto. unexpired portion of Class B beer Said improvement shall be con- permit No. 103, as he has discon- structed and done in accordance tinued business on 4-1~71, present- with the plans and specifications ed and read. Councilman Pregler which have been prepared there- moved that the refund be granted fore by the City Engineer which and the Auditor instrncted to is- have been approved by the City sue proper warrant. Seconded by Council and are now on file with Councilman Meyers. Carried by the City Clerk. That the cost and the following vote: expense of making said improve- Yeas - Mayor Couchman, Coun- ment will be paid from the 1970 cilmen Bitter, Meyers, Moldenhau- Storm Sewer Bond Issue. er, Pregler. The above resolution was intra- Nays-None. duced, approved, and ordered Proof of Publication, certified to placed on file with the City Clerk by the Publisher, of notice of pub- this 10th day of May, 1971. lic hearing on resolution of nec~~- Approved and placed on file fM sity upon proposed plans, speClfl- final action. cations, form of co!'tract and ~ost RECORD OF FINAL ADOPTION fo,: the construcbon of Cnssy The foregoing resolution was Dnve Storm Sewer from Kauf- finally passed and adopted, as pro- mann Ave. 575 feet north, pre- posed by the City Council this 7th rented a!,d read, . . day of June 1971. No wntten o~¡ecbons were filed Gaylord M. Couchman and no oral obJectors were present Mayor in the Council Cham~er at .the WaIter A. Pregler time set for the pubhc heanng. Wayne A Moldenhauer Councilman Pregle~ ~oved that Donald R Meyers the proof of pubhcation be re- Joseph J Bitter ceived and filed. Seconded by Ma. CounciÏmen yor. Couchman. Carried by the fol- Attest: lowmg vote: Leo F. Frommelt Yeas - .Mayor Couchman, Coun- City Clerk cilmen BItter, Meyers, Molden. hauer, Pregler. Councilman Meyers moved adop. Nays-None. tion of the resolution. Seconded Regular Session, June 7, 1971 223 by Councilmen Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. (Ordering Construction) RESOLUTION NO. 143.71 BE rr RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to a Resolu- tion of Necessity No. 129-71 which was duly passed by this Council for the improvement of Crissy Drive Storm Sewer - from Kauf- mann Ave., 575 feet north-1971. Be and same is hereby ordered constructed by this Council upon, its own motion and with or with-- I out the petition of property own- ers. AU work shall be constrncted in accordance with the plans and specifications heretofore adopted and now on file in the office of tbe City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improvement be paid from the 1970 Storm Sewer Bond Issue. BE IT FURTHER RESOLVED that this resolutin being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption by the City CounciL Passed, adopted and approved this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Contractors to consider proposal of hids for construction of the Crissy Drive Storm Sewer from Kaufmann Ave. north 575 feet, presented and read. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. June 3, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 A.M., Thursday, June 3, 1971 for Crissy Drive Storm Sewer. The lowest bid was entered by Flynn Co. Inc., of Dubuque, Iowa. Their bid was 9.56% below the Engineer's estimate. I recommend that the contract for the improvement be awarded to the Flynn Co. Inc. Respectful1y submitted, Gilbert D. Chavenelle City Manager Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Pregler. Carried by the fol1owing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. (Awarding Contract) RESOLUTION NO. 144-71 WHEREAS, sealed proposals have been submitted by contrac- tors for the construction of Crissy Drive Storm sewer from Kaufmann Av. 575' north pursuant to Resolu- tion No. 130-71 and notice to bid- ders published in a newspaper published in said City on May 13, 1971 and May 20, 1971; and WHEREAS, said sealed propos- als were opened and read on June 3, 1971, and it has been deter- mined that the bid of Flynn Com- pany Inc. of Dubuque, Iowa in the amount of $17,120.00 was the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Flynn Company Inc. and the Manager be and he is hereby di- rected to execute a contract on be- Regular Session, June 7, 1971 Regular Session, June 7, 1971 1. An estimate of the cost of the proposd improvement for the 15" Storm Sewer in Sixth Street and Alley between Maw and Iowa Streets-1971. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Park- ing Ramp Construction Fund. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 10th day of May, 1971. Approved and placed on file for final action. Record of Final Adoption The foregoing resolution was final1y passed and adopted, as proposed by the City Council this 7th day of June 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen 225 224 Iowa that pursuant to a Resolution June 3, 1971 of Necessity No. 132-71 which was To the Honorable Mayor duly passed by this Council fo< and City Council the improvement of 15" Storm Pursuant to your instructions, Sewer in Sixth Street and Alley be- sealed proposals were received un- tween Main and Iowa Streets- til 10:00 A.M., Thursday, June 3, 1971. 1971 for the Storm Sewer on Sixth Be and same is hereby ordered Street and Alley Between Main constructed by this Council upon and Iowa Streets. its own motion and with or with- The lowest bid was entered by out the petition of prope<ty own- M. F. Goerdt Construction Co., of ers. Dubuque, Iowa. Their bid was All work shall be constructed /8.98% below Engineer's estimate. in accordance with the plans and 1 recommend that the contract specifications heretofore adopted for the improvement be awarded and now on file in the office of I to the M. F. Goerdt Construction the City Clerk. Co. BE IT FURTHER RESOLVED that the cost and expense of said improvement be paid from the Parking Ramp Construction Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer 'I Donald R. Meyers Joseph J. Bitter Councilmen half of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. (Awarding Contract) RESOLUTION ND. 146-71 WHEREAS, sealed proposals have been submitted by contrac- tors for the Storm Sewer on Sixth Street and Alley between Main and Iowa Street pursuant to Reso- lution No. 133-71 and notice to bidders published in a newspaper published in said City on May 13, 1971 and May 20, 1971; and WHEREAS, said sealed propos- als were opened and read on June 3, 1971, and it has been deter- mined that the bid of M. F. Goerdt Construction Co. of Dubuque, Iowa in the amount of $11,633.70 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to M. F. Goerdt Construction Co. and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete perform- ance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- Attest: Leo F. FrommeIt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Proof of Publication, certified to by the publisher, of notice of public hearing on resolution of ne- cessity and hearing upon proposed plans, specs. form of contract and cost of constructing a 15" storm sewer in Sixth Street and alley be- tween Main and Iowa Street, pre- sented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. (Necessity for Improvement) RESOLUTION NO. 132.71 WHEREAS, proposed plans, spe- cifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the fol- lowing: Attest: Leo F. FrommeIt 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. Proof of Publication, certified to by the Publisher, of notice to contractors of receipt of proposal for the construction of a storm sewer on Sixth Street and alley between Main and Iowa Street, presented and read. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. (Ordering Construction) RESOLUTION NO. 145.71 BE IT RESOLVED by the City Council of the City of Dubuque, 226 Regular Session, June 7, 1971 tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed adopted this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers- Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider a pro- posal to dispose of City interest in and to Lot 1 of Block 4 of Church- iU Heights to William A. and Sarah C. Knapp, and David E. and Marjorie R. Vatt, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hear- ing. Councilman Bitter moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 147.71 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph-Herald, a newspa- per of general circulation pub- 1iahed in the City of Dubuque, Iowa, on May 7, 1971 and May 14, 1971, City Council of Dubuque, Iowa, met on the 7th day of June, 1971 at 7:30 o'clock P.M. (Central Daylight Saving Time) in the City Council Chamber, City Hall, Du- buque, Iowa, to consider the pro- posal to dispose of interest of the City of Dubuque Lot 1 of Block 4 of "Churchill Heights" in the ~.. ,. City of Dubuque, Iowa to William A. Knapp and Sarah C. Knapp, husband and wife, and David E. Vatt and Marjorie R. Vat!, hus- band and wife: and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections oral or written, to the proposal to dispose of inter- est of City of Dubuque, Iowa, in the above described real estate to William A. Knapp and Sarah C- Knapp, husband and wife, and Da- vid E. Vatt and Marjorie R. Vatt, husband and wife; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the disposal of interest of City of Dubuque, Iowa in real estate to William A. Knapp and Sarah C. Knapp, husband and wife, and David E. Vatt and Mar- jorie R. Vatt, husband and wife, covering the following described real estate, to-wit: Lot 1 of Block 4 of "Churchill Heights" in the City of Du- buque, Iowa upon payment of costs of publica- tion and recording fees and that no abstract of title be furnished, be and the same is hereby ap- proved. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver deed of conveyance to WiUiam A. Knapp and Sarab C. Knapp, husband and wife, and David E. Vatt and Mar- jorie R. Vatt, husband and wife, upon receipt of publication costs and recording fees. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution in the of- fice of the Dubuque County Re- corder. Passed, approved and adopted this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Regular Session, June 7, 1971 'l!1:I Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of time and place of hearing to dis- pose of interest in an alley lying immediately north of Dodge Street between Alpine and HilI Streets, twenty feet in width and approxi- mately two hundred sixty feet in length, bordering the north boun- dary of Del Farm property at an agreed purchase price of $1500 to S & A Realty Co., presented and read. Mr. Michael Remakel and Mrs. Estel1e Mootz, property owners abutting the alley, were still not clear on how the proposed buyers of the alley were to prevent ero- sion of their property. It has been proposed by experts in the field that proper landscaping and sod- ding will take care of the problem. However if this does not solve the problem they wanted assurance that something would be done to correct the situation even after the S & A Realty got title to the I land. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Councilman Pregler moved to overrule al1 objections and direct- ed the City attorney to prepare necessary contract forms of agree- ment. Seconded by Councilman Bitter. Carried by the fol1owing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. RESOLUTION NO. 148.71 Accepting Delivery of Deeds for tho Downtown Urban Renewal Protect, Iowa R.15, WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en. tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to authorization and di- rection of said Loan and Capital Grant Contract, has acquired for the public purpose of implement- ing and facilitating the Downtown Urban Renewal Project, Iowa R-15, certain parcels of real estate by purchase; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That delivery of deeds to the City of Dubuque for the fol1owing described parcel of real estate in the Downtown Urhan Renewal Project, Iowa R-15, is hereby ratified and accepted by the City of Dubuque. Grantor-Molo Oil Company, deed dated May 12, 1971, record- ed in Book 205, page 475; Prop- erty description-City Lot 96 and the North 13 feet of Lot 95 in the City of Dubuque, Iowa (Parcel 15-2). SECTION 2. That the recording of the respective deeds of convey- ance of title in the office of the Recorder in and for Dubuque Countv, Iowa, is hereby ratified. SECTION 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved, and adopted this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. FrommeIt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 149.71 Approval of preliminary plans, specifications, form of contract, and all other documents for the construction of 1971 Maintenance Patching Program No.1, at an es- City Clerk Councilman Bitter moved ap- proval of resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. (Fixing Date of Hearing) RESOLUTION NO. 151.71 WHER5AS, the City Council of the City of Dubuque, Iowa has giv- en its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the 1971 Maintenance Patching Pro- gram No. 1. BE IT THEREFORE RESOLVED that on the 28th day of June, 1971, a public hearing will be held at 7:30 P.M. in the Council Chamber of the City of Dubuque at which time the objectors for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shal1 be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. Passed, adopted and approved this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen 228 Regular Session, June 7, 1971 timated cost of $24,341.48, pre- sented and read. Councilman Preg. ler moved adoption of the resolu- tion. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. (Necessity for Improvement) RESOLUTION NO. 150-71 WHEREAS, proposed plans, spe- cifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the fol- lowing: 1. An estimate of the cost of the proposed improvement for the 1971 Maintenance Patching Pro- gram No.1. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel. fare to make the hereinmentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the cost of improve- ment, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the Citv Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Road Use Tax Fund. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 7th day of June, 1971. Approved and pJaced 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 Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Regular Session, June 7, 1971 229 June 4, 1971 To the Honorable Mayor and City Council We are herewith submitting for your consideration a resolution au- thorizing the filing of application with the Iowa Crime Commission for grants under the Omnibus Crime Control and Safe Streets Act of 1968 as amended. This is a new procedure re- qnired by the Iowa Crime Commis- sion to assure the availability of local matching funds by assuring that effected taxing bodies are aware of the al1ocation of local funds necessary for their partici- pation in the program. It is in re- sponse to some problems the state commission has experienced around the state resulting from local matching fun':s not being available after a project was ap- I proved. We propose to submit the fol- lowing three grant applications through the Dubuque Count)' Crime Commission: 1. Federal Assistance for Up- grading Police Office Salary-Con- tinuation-Matrh Ratio 50/50, To- tal $50,000, Federal Grant $25,000, City Share $25,000. 2. Police Training Program - Continuation-Match Ratio 75/25. Total $20,000, Federal Grant $15,000, City Share $5.000. 3. Youth Services Coordinator- New-Match Ratio 75/25, Total $10,000. Federal Grant $7,500, City Share $2,500. TOTAL--$80.0oo (Federal Grant $47.500, City Share $32,500). The first two projects represent requests for a second year of fund- ing of two 1971 projects currently in operation. The Youth Service Coordinator would be a new pro- I ject for 1972. The Youth Service Coordinator project is directed at reducing youth allenation towards the city government and reducing the po- larization of the community over youth problems and issues. We propose to do this by establishing a full-time Youth Services Coordi- nator in the office of the city man- ager. This position will provide a focal point for evaluating and co- ordinating existing youth programs and developing new programs. In addition, the Youth Services Co- ordinator will be responsible for: 1. Developing an increased com. munity awareness of tbe attitudes, needs, problems and pressures of our young people. 2. Responding to youth inquiries for information about youth pro- grams and the city government. 3. Working with community youth grOUpS to assure the most effective and efficient use of com- munity resources. 4. Being knowledgeable about what the young people are doing, saying and thinking. 5. Coordinating the city's sum- mer youth employment efforts. 6. Researching and seeking out additional financial and technical suPPOrt which might be available from the state and local govern- ments and the private sector. 7. Assisting in the establishment of city government goals and ob- jectives for youth programs. The aim of the project is to re- duce youth alienation and com- munity polarization and in the pro- cess reduce youth unrest and law- lessness. We view this project as an opportunity to take a compre. hensive look at youth problems and needs. If you have any questions on the resolution or on the proposed pro- jects, please contact Ken Gearhart. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Couchman. Carried by the follow. ing vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays - None. RESOLUTION No. 152.71 Rasolution authorizing the fiI. ins of applications with the Iowa Crime Commission for grants under the Omnibus Crime Control and Sofe Streets Act of 1968 as amended. WHEREAS, the City Council in Resolution No. 44-70 dated March 2, 1970 authorizing the City of Du- buque to participate in the plan- ning and programming of the Iowa Crime Commission through the Du- buque Metropolitan Area Commis- sion on Crime and Delinquency; and 230 Regular Session, June 7, 1971 WHEREAS, federal law enforce- ment assistance grants have been received from the Iowa Crime Commission; and WHEREAS, federal law enforce- ment assistance grants are avail- able for calendar year 1972; and WHEREAS, the Iowa Crime Com- mission is requiring for the first time the passage of a resolution to assure the availability of local matching funds, by assuring that local taxing bodies are aware of the allocation of local funds neces- sary for their participation in the program; and WHEREAS, the deadline for submitting such resolution to the Iowa Crime Commission is June 10, 1971. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL, CITY OF DUBUQUE, IOWA: 1. That the City Manager be and is hereby authorized to execute and file applications on behalf of the City of Dubuque, Iowa with the Iowa Crime Commission for grant under the Omnibus Crime Control and Safe Streets Act of 1968 as amended. 2. That the City Manager be and Is hereby authorized and directed to furnish such information as the Iowa Crime Commission may reas- onably request in connection with the grant applications which are herein authorized to be filed and sign all necessary documents. Passed, approved and adopted this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 153-71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having """C complied with the provisions of law relating to the sale of Ciga.-.. ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Thomas Andresen, 1080 University Avenue Canfield Hotel, Inc., 36 West 4th Street Dubuque Golf & Country Club, 1800 Randal1 Place Eagle Store #109, 200 S. Locust St. Eagle Store #130, 1800 Elm Street Eagle Store #144, 3033 Asbury St. May's Drug #204, 3049 Asbury St. LaVerne Felderman, 1889 Jackson Street Great Atlantic &: Pacific Tea Co., 1101 Central Avenue Hartig Drug Company, 7th & Main Town Clock PJaza Hartig Drug Company, 1st and Locust Streets Hartig Drug Company, 2255 John F. Kennedy Road Hartig Drug Company, 2205 Central Avenue George R. Hunt, 229 8th Avenue Karigan's Restaurant, 401-405 Central Avenue Donald M. Love, 600 Central Ave. William J. Lynn, 424 West Locust Street McDonald, A. Y. Mfg. Co., 12th & Pine Street Vincent W. Mescher, 1233 Rhomberg Avenue Lois M. Morarend, 700 East 16th Street Richard O'Hara, 70 Locust Street Rainbo Oil Company, 1075 Dodge Street Mrs. A. J. (Marlta) Trapp, 1266 Central Avenue Allen E. Tressel, 2528 Central Ave. Warehouse Market, John F. Kennedy Road Ralph J. Cremer, 731 Rhomberg Avenue Theodore J. Ferring, 385 East 13th Street Dorothy R. Hentges, 2412 Central Avenue Carl Il"lrsch, 532 East 22nd Street John J. Heiderschelt, 1278 Central Avenue Phillip R. Love, 1701 Central Ave. Palmer Drug, 2600 Dodge Plaza 20 Raymond Tschiggfrie, 1190 Dodge Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Regular Session, June 7, 1971 231 Passed, adopted and approved this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays-None. RESOLUTION No. 154-71 WHEREAS, appllcations for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Conncil of the City of Dubuque, Iowa, that the following named ap- plications be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Nelson M. Norwood, Sr., Bunker HiI1 Golf Course Phillip R. Love, 1701 Central Ave. CLASS "C" BEER PERMIT ill Giant Food Store, 2644 Pennsylvania Avenue Passed, adopted and approved this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer I 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 fol1owing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays-None. RESOLUTION No. 155-71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to tbe fol1owing named applicants a Beer Permit. CLASS "B" BEER PERMIT Nelson M. Norwood, Sr., Bunker Hill Golf Course Phillip R. Love, 1701 Central Ave. CLASS "C" BEER PERMIT Lil' Giant Food Store, 2644 Pennsylvania Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchm"" moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 156-71 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA IJQUOR CONTROL ACT - CHAPTER 123 - as am- ended by the 60th General Assem- bly, 1963. Special Session, June 14, 197 Regular Session, June 7, 1971 CLASS "c" Mayor Couchman moved adop- COMMERCIAL ESTABLISHMENT tion of the resolution. Seconded by Phil!ip R. Love, 1701 Central Ave. Councilman Bitter. Carried by the Bridge Restaurant & Lounge, Inc., followmg vote: 31-35 Locust Street Yeas - Mayor Couchman, Coun- Donald M. Love, 600 Central Ave. cilmen Bitter, Meyers, Molden- Passed, adopted and approved hauer, Pregler. this 7th day of June, 1971. Nays - None. Gaylord M. Couchman Mayor Councilman Pregler moved that Walter A. Pregler the matter of legality of Triple X Wayne A. Moldenhauer book stores in Iowa be referred to Donald R. Meyers the City Manager and City Soli- Joseph J. Bitter citor. Seconded by Mayor Couch- Councilmen man. Carried by the following vote: YeaS::-Mayor -Couchman, Coun: cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Mr. Paul Oberman, R.R. #3, Key West addressed the Council offer- ing his assistance in clearing up pollution in Maus Lake. He was directed to consult with the City Manager. There being no further business Councilman Bitter moved to ad- journ. Seconded by Mayor Couch- man. Carried by the following vote: Yeas - Mayor Couchman Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Leo F. Frommelt City Clerk 232 233 Doris J. Tigges, 2776 Jackson Street Walsh Stores, 1301 Central Ave- nue Beatrice Winkler, 1400 Central Avenue Super 20 Drive In Theatre, 75 J. F. Kennedy Road Barkalow Bros. Company News- stand, 200 Main Street David N. Bauer, 351 Dodge Street Edward Bailey, 1298 Main Street Joseph E. Bell, 263 Main Street Dubuque Packing Company Retail Store, 16th & Sycamore Carl Frederick, 1281 Dodge Street Donna M. Ginter, 342 Main Street Thomas C. Henry, 910 Dodge Street Anthony A. Helling, 701 Dodge Street Holiday Inn Motel, 1111 Dodge Street James Kachevas, 665 Dodge Street Miracle Car Wash, Inc., 255 Locust Street Nelson Norwood, Sr., Bunker HiI1 Golf Course Denise O'Neil!, 55 Locust Street Donald Plumley, 501 Locust Street Arthur Pins, 2699 J. F. Kennedy Road Robert Potter, 285 Locust Street R. S. Ruegnitz, 629 Rhomberg Ave- nue John S. Siefker, 1081 University Avenue Mathias A. Schneller, 2372 Central Avenue Joe Sutter, 32nd & Jackson Street Eugene Sauer, 20th & Jackson Street John Steffen, 690 West Locust Street Trausch Bakery, 25 S. Main Street Mrs. Colleen Wal1ace, 241 Main Street Wareco Systems of Iowa, 700 Rhomberg Avenue Welsh Enterprises, Inc., 620 S. Grandview Avenue Carl N. Brant, 2600 Central Ave- nue John J. Glynn, 431 Rhomberg Ave- nue Francis J. & John F. George, 1481 Dodge Street Thompson's Food Markets, Inc., 805 West 5th Street Thompson's Food Markets, Inc., 2119 Rhomberg Avenue Thompson's Food Markets, Inc., 3003 Asbury Street Thompson's Food Markets, Inc., 3301 Pennsylvania Avenue CITY COUNCIL OFFICIAL Special Session, June 14, 1971. Council met at 4:30 P.M. (D.S.T.) Present - Councilmen Meyers, Moldenhauer, Pregler. Absent - Mayor Couchman (out of city), Councilman Bitter. City Manager Gilbert D. Chavenelle. Councilman Pregler moved that Councilman Moldenhauer serve in the capacity of Presiding Officer Pro Tem of this meeting in the ab- sence of Mayor Couchman. Second- ed by Councilman Meyers. Carried by the following vote: Yeas-Councilmen Meyers, Mol- denhauer, Pregler. Nays-None. Absent - Mayor Couchman, Councilman Bitter. Presiding Officer Pro Tem Mol- denhauer read the cal1 and stated that service thereof had been duly made and this meeting is called for the purpose of ADOPTING RESOLUTIONS OF APPROVAL OF VARIOUS BUSINESS LI- CENSES and acting upon such oth- er business as may properly come before a regular meeting of the Council. RESOLUTION NO. 158.71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Marshal1 R. Birch, 62 Locust Street Wil!iam H. Baker, 1064 University Avenue Earl G. Corbett, 408 West Locust Street Ursula Drake, 1097 Jackson Street Mary Kathryn Ford, 1027 Rhom- berg Avenue Patrick Fenelon, 3166 Jackson Street Cyril N. Meitl, 1555 Central Ave- nue Kermit Meyers, 336 Main Street Raymond Ney, 2186 Central Ave- nue Joseph E. Reisdorf, 601 Rhomberg Avenue Riverside Bowl, Inc., 1860 Haw- thorne Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays-None. RESOLUTION No. 157.71 WHEREAS, applications for Liq. uor Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and al1 City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "c" COMMERCIAL ESTABLISHMENT Phillip R. Love, 1701 Central Ave. Bridge Restaurant & Lounge, Inc., 31-35 Locust Street Donald M. Love, 600 Central Ave. Passed, adopted and approved this 7th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Approved ....................................1971 Adopted ......................................1971 .......................................................... .......................................................... ........,................................................. .........................................-................ .......................................................... Councilmen Attest: Leo F. Frommelt City Clerk Attest: """"""""'ëiïÿ"ëi~~k""""""" """ 234 Special Session, June 14, 1971 Thompson's Food Markets, mc., 51 West 32nd Street Thompson's Food Markets, me., 250 West 1st Street J. C. Andresen, Kennedy Mall J. C. Andresen, Kennedy Mall (Ef- fective June 14 to June 30, 1971) Ramona Fettgather, 1103 Iowa Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 14th day of June, 1971. Wayne A. Moldenhauer Presiding Officer Pro Tem Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Moldenhauer, Councilmen Meyers, Pregler. Nays-None. Absent-Mayor Couchman, Coun- cilman Bitter. RESOLUTION NO. 159-71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following appllca- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Frank & Phyllis Licciardi, 504 Bluff Street Mrs. Colleen M. Wallace, 241 Main Street Passed, adopted and approved this 14th day of June, 1971. Wayne A. Moldenhauer Presiding Officer Pro Tem Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded "loX' - by Councilman Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Moldenhauer, Councilmen Meyers, Pregler. Nays-None. Absent-Mayor Couchman, Coun- cilman Bitter. RESOLUTION NO. 160-71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Frank & Phyllis Licciardi, 504 Bluff Street Mrs. Colleen M. Wal1ace, 241 Main Street BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 14th day of June, 1971. Wayne A. Moldenhauer Presiding Officer Pro Tem Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the fol1owing vote: Yeas-Presiding Officer Pro Tem Moldenhauer. Councilmen Meyers, Pregler. Nays-None. Absent-Mayor Couchman, Coun- cilman Bitter. RESOLUTION NO. 161.71 WHEREAS, applications for Liq- uor permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be Special Session, June 14, 197 235 granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT-CHAPTER 123-as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT John Hall, 2616 Windsor Avenue Cyril Meitl, 1555 Central Avenue Joseph Edward Reisdorf, 601 Rhomberg Avenue Carl N. Brant, 2600 Central Ave- nue Passed, adopted and approved this 14th day of June, 1971. Wayne A. Moldenhauer Presiding officer Pro Tem Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Moldenhauer, Councilmen Meyers, Pregler. Nays-None. Absent - Mayor Couchman, Councilman Bitter. RESOLUTION NO. 162.71 WHEREAS, applications for Liq- uor permits were filed by the with- in named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds. NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT John Hall, 2616 Windsor Avenue Cyril Meitl, 1555 Central Avenue Joseph Edward Reisdorf, 601 Rhomberg Avenue Carl N. Brant, 2600 Central Ave- nue Passed, adopted and approved this 14th day of June, 1971. Wayne A. Moldenhauer Presiding Officer Pro Tem Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Presiding Officer Pro Tem Moldenhauer, Councilmen Meyers, Pregler. Nays-None. Absent-Mayor Couchman, Coun- cilman Bitter. Petition of Dubuque Park Board requesting permission to conduct a fireworks display on July 4, 1971 on the Industrial Park, presented and read. Councilman Pregler moved that the petition be granted contingent upon approval of the City Manager and Fire Chief Dun- phy. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Moldenhauer, Councilmen Meyers, Pregler. Nays-None. Absent-Mayor Couchman, Coun- cilman Bitter. There being no further business Councilman Meyers moved to ad- journ. Seconded by Councilman Pregler. Carried by the fol1owing vote: Yeas - Presiding Officer Pro Tem Moldenhauer, Councilmen Meyers, Pregler. Nays-None. Absent - Mayor Couchman, Councilman Bitter. Leo F. Frommelt City Clerk Approved ....................................1971 Adopted ......................................1971 ............................................................ ............................................................ """""""""""""""""""""""""""""" Attest: Councilmen """"""""""""""""""""""""""""'" City Clerk Special Session, June 28, 1971 cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Printed Council proceedings for the month of April 1971, presented for approval. Councilman Pregler moved that the Council proceed- ings for the month of April 1971 be approved as printed. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Communication of Mettel Realty & Investment Co. indicating dis- satisfaction, reallzing that their property at 14th & White is now strictly in a bind because of re- zoning which is grossly unfair, plus the constant notification of keeping the weeds under control, presented and read. Councilman Pregler moved that the communi- cation be received and filed. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of League of Iowa Municipalities suggesting that in setting up the 1972 budget an allocation of BH per capita be provided to secure more effort and resources for cities and towns, presented and read. Mayor Couch- man moved that the communica- tion be received and filed. Second- ed by Councilman Pregler. Carried by the fol1owing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. 236 CITY COUNCIL OFFICIAL Special Session, June 28, 1971. Council met at 7:30 P.M. (D.S.T.) Prosont-Mayor Couchman, Coun. cllmen Bitter, Meyers, Moldenhau- er, Pregler. City Manager Gllbort D. Chavenelle Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of acting upon RESOLUTIONS OF PRELIMINARY ESTIMATES AND SETTING DATE OF PUBLIC HEARING ON THE 1971 STREET IMPROVEMENT PROGRAMS and acting upon such other business as may properly come before a reguJar meeting of the Council. Communication of Iowa State Department of Health issuing per- mit No. 7l-146-S for sewer installa- tion and notice 71-51-W approval of proposed water main extension for Valentine Drive, Thomas Farm Addn., presented and read. Coun- cilman Meyers moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of Low Rent Housing Commission submitting minutes of their meeting held on June 15, 1971, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Communication of Wayne Mold- enhauer, Councilman, suggesting the start of prellminary meetings to discuss better utilization of space in the City Hal1, presented and read. Councilman Bitter mov- ed that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- "'-1<">0 June 18, 1971 To the Honorable Mayor and City Council Enclosed is a request for street lighting on Indian Ridge. The area has been investigated by the electrical inspector and it is recommended that a 4000 lumen incandescent fixture be placed on an existing pole located between 945 and 955 Indian Ridge. Respectful1y, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Sec- Special Session, June 28, 1971 237 onded by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. June 15, 1971 To the Honorable Mayor and City Council I herewith submit the reports of the City Auditor and City Treasur- er, as wel1 as a claims list for the month of May, 1971. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter moved that the reports be received and filed. Seconded by Councilman Meyers. Carried by the fol1owing vote: Cil~~~~t:~rM;;;~~~':;de~~~~: I er, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and disbursements and list of claims for May 1971, pre- sented and read. Councilman Bit- ter moved that the proof of publi- cation be received and filed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. June 24, 1971 To the Honorable Mayor and City Council Under Chapter 19, Section 7 of the Code of Iowa, 1971 the State Executive Council may make an interest free loan to the city for seventy-five percent of the emer- gency expense incurred because of the flooding of the Mississippi Riv- er in April. This loan will be re- paid by a levy against the taxable value of property. I I request that the mayor be giv- en authority to make application to the State for an interest free loan in the amount of $35,365.00. The items of expenditure are listed on the attached table. A summary of this expense is on page three of the table and the total amount is $47,154.58. Seven- ty-five percent of the total is $35,365.00 which is the amount of the requested loan. In addition to city costs, the U.S. Corps of Engineers paid for dike construction, pump installa- tion and material according to the following estimate. Construction Flood Dike $10,840.00 Pump Installation and Standby 16,482.00 Materials (sandbags, poly- ethylene) 913.30 Personnel and administra- tive costs 6,764.70 $35,000.00 The estimated total government- al cost of the 1971 emergency flood protection work in Dubuque is $92,154.58. Respectful1y, Gilbert D. Chavenelle City Manager City Manager Chavenel1e amended the figure of $35,000 to $37,COO and the $92,154.58 figure to $84,- 806.58. Councilman Pregler moved approval and that the mayor be given authority to apply for the loan. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas-Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. June 23, 1971 To the Honorable Mayor and City Council This is to advise that I have approved the following bonds and desire to have your approval on same. SIDEWALK Robert L. Berger, Midwestern Cas- ualty & Surety Co. Fischer Iovestment Co., Hawkeye- Security Insurance Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of filing of the bonds sub- ject to approval of the City At- torney. Seconded by Councilman Bitter, Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. June 24, 1971 Honorable Mayor and Members of City Council The Department of Urban Re- newal has received a request from the Dubuque Detachment Marine Corps League to conduct a sale of American Flags from the new 238 Special Session, June 28, 1971 Eighth Street Pavilion in Town Clock Plaza on July 3, 1971. A copy of their letter is attached. The purpose of this new facility is for use by public and private non-profit agencies and organiza- tions for philanthropic purPoses and for other activities and pro- grams which are non-profit in na- tore and which are not in conflict with local policies. This is the initial request for the use of this pavilion, and we request your concurrence in grant- ing permission for this use. Respectfully yours, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the request. Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. June 25, 1971 To the Honorable Mayor and City Council I return to you the petition of Mr. Alfred Hughes on behalf of Mr. John Heiderscheit for permis- sion to connect the city sewer and water service at the location of lots owned by Mr. Heiderscheit out- side the city limits. I recommend that the petition be denied. 1 am also enclosing letters from Mr. White and Mr. Hail in which they make the same recommenda- tion. l! is the policy of the city that no service connections be permit- ted unless the property to be con- nected is first annexed to the city. Some properties surrounding Mr. Heiderscheit's lots are connected to city service, which were excep- tions made by past city councils to the established policy. However, no such similar connection has been permitted in the past decade. If the City Council were to grant the requested connection, such per- mission would disrupt current ar- rangements in other locations about the city. Consequently, such permission should only be granted if the City Council is prepared and willing to grant numerous and diverse other similiar requests. Respectfully, Gilbert D. Chavenelle City Manager """" Councilman Pregler moved that the communication be referred to the City Sollcitor for investigation and report. Seconded by Council- man Bitter. Carried by the fol- lowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Attorney Alfred Hughes, repre- senting Mr. Heiderscheit, stated that his client is not against an- nexation. Discretion is not up to the Council and in each instance conditions must be established ac- cording to Ordinance 5-59, it is a question of tapping, not a ques- tion of sewer and water. Attorney Hughes read from Ordinance No. 5-59 stating that "upon the filing and approval of a proper appllca- tion and the payment of the in- stal1ation charge, the City Water Department shal1 make the taps for connections to the water mains but all necessary excavation shall be furnished and paid for by the applicant." June 21, 1971 Honorable Mayor and City Council Members Tbe City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Multiple Residence to Local Business "A", property described as Lot 2 of Lot 3 of City Lot 674 in the City of Dubuque, Iowa. l! was the opinion of the Com- mission that commercial zoning for this area would be contrary to the General Development Plan for the City of Dubuque. l! was the recommendation of the Commission that the request for rezoning not be approved. Respectful1y submitted, CITY PLANNING AND ZONING COMMlSSIDN Don Gilson City Planner Councilman Pregler moved that the communication be referred Special Session, June 28, 1971 239 back to the Planning & Zoning eonunission for reconsideration in the light of submission of two more rezoning requests in the im- mediate area. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Mrs. Estelle Miller requesting rezoning to Local Busi- ness "A" the W. 65' of Lot 1 of 1 of City Lot 674 and E. 11'5" of Lot 1 of 1 of City Lot 674 (195 W. 17th Street), presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Petition of Mrs. Joe Baule re- questing rezoning to Local Busi- ness "A" of Lot 1 of 2 of City Lot 674 (175 W. 17th St.) presented and read. Councilman Pregler mov- ed that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Moldenhauer. Carried by tbe fol- I lowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. June 24, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify the following described property from Single Family Residence to Multi- ple Residence classification: That part of Hardt Place, de- scribed by a line commencing at a point at the intersection of the south line of Hardt Place and the east right-of-way line of Wildwood Drive, thence easterly along the south line of Hardt Place a distance of three hun- dred and seventy-five feet (375'), thence north to the south right- of-way line of West Thirty-Se- cond Street, thence southwester- ly along the south right-of-way line of West Thirty-Second Street to the east right-of-way line of West Thirty-Second Street to the east right-of-way line of Wild- wood Drive, thence to the along the east right-of-way line of Wildwood Drive to the point of beginning, al1 in the City of Dubuque. This property is located South of 32nd Street and East of Wild- wood Drive. This would be an extension of an existing Multiple Residence District along Wildwood Drive and is consistent with the plan- ning for this area. l! is the recommendation of the Commission that the request for rezoning be approved. City Planning and Zoning Com- mission Don Gilson City Planner Mayor Couchman moved that the recommendation be referred for proper proceedings. Seconded by Councilman Bitter. Carried by the fol1owing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. June 15, 1971 Hon. Mayor and City Council On September 9, 1969, Notice of Hearing on Twenty-Third In- termediate Report of Trustee in the Matter of the Trust Under Item Twenty-One of the Will of Charles McLean, Deceased, Pr0- bate No. 12691 in the District Court of Iowa In and For Dubu- que County, wherein, among oth- er things, the Trustee sets out "the pertinent provisions of the decedent's Will as reiates to the Carnegie-Stout Public Library, of Dubuque, Iowa which is a recipi- ent of five (5%) percent of the remainder of the trust created by the decedent, Charles McLean, af- ter the death of his wife. That Florence McLean, the de- cedent's surviving spouse, and beneficiary under Item Twenty- one of the decedent's Will, died on May 11, 1969 thereby terminat- ing the Trust. Thereafter, controversy arose relating to the said Will as per- tained to the holdings of the de- cedent as related to Dubuque Bank & Trust Company shares of stock 240 Special Session, June 28, 1971 of original holding of forty shares and thereafter were increased by two hundred percent stock divi- dend, increasing the shares to 120 shares and then increasing the same, thereafter, by dividend to 240 shares; and all in all, by vir- tue of said dividends the number of sbares were increased to 2400. shares. And a question arose as to which portion the dividends paid in stock constituted principal which would go into the remainder of the trust estate and to what ex- tent they constituted a distribution of income, in which event, said income would go into the estate of Florence McLean, deceased. At any rate, after numerous con- ferences, consultations and court hearings, the matter has been fi- nally adjudicated by agreement of all the parties hereto. and in which the City of Dubuque, through its City Attorney, has agreed so that the five percent dis- tribution represents a total amount payable under said Trust of Charles McLean, receased, in the amount of $8,053.50 less $250.00 retained in escrow to take care of income tax contingency llability. That it is expected that the sum of $8,053.50 less $250.00, or a net in the amount $7,803.50 wil1 be payable in the very near future. 11 is expected that the contingency account of $250.00 will be remitted at some indeterminate time in the future. For your information, I am at- taching hereto the Twenty-Third Intermediate Report of Trustee, to- gether with Notice of Hearing which was original1y referred to the City Attorney. 1 am also attaching hereto a Twenty-Fourth Intermediate Re- port of Trustee with Notice of Trustee thereon. I am attaching thereto a Cash Distribution Sche- dule showing the method of cash distribution to the respective heirs. I am also enclosing a copy of the Receipt and Waiver executed by Mr. William G. Fullmer of the Carnegie-Stout Free Public Library. I believe this matter has been brought to a successful conclusion and the interests of the City of Dubuque appear to have been pro- tected and therefore recommend that this matter be formally closed -,,;!C- by the City Council and that the remittance of the funds will be handled administratively through the City Manager's office. Respectfully submitted, R.N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Se- conded by Councilman Molden- hauer. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 16, 1971 Hon. Mayor & City Council. On February 19, 1971, Marie Elizabeth Donath of 1550 Fairfax, this city, filed claim against the City of Dubuque, Iowa claiming damages in an undetermined amount and alleging said damages occurred on January 24, 1971 as the result of a broken water main causing water to flow down the street, across her yard, thereby breaking a basement window, flood- ing said basement and washing away topsoil, damaging the yard and washing out mortar in cement wal1 blocks allowing water to con- tinue coming into the basement. This matter was referred to the appropriate City Agency who made an investigation thereof and report- ed by letter to this office of no liability and in view of the fore- going, it is the recommendation of the City Attorney that the claim of Marie Elizabeth Donath be de- nied. Original claim is returned here- with. Respectfully submitted, R.N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Second- ed by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 16, 1971 Hon. Mayor & City Council On February 3, 1971, Louis C. Berry of 1030 Walnut Street, this city, filed claim against the City of Dubuque, Iowa, alleging damage to his auto in the amount of $323.00 Special Session, June 28, 1971 241 and further alleging that said da- mages occurred to the left front side and front of his motor ve- hicle on January 12, 1971 as the result of his auto being struck by a city owned rubbish truck as well as having been struck by another vehicle. This matter was referred to the appropriate City Agency and the City Attorney was advised by let- ter that said claim had been satis- fied in full. In view of the foregoing, 1 re- commend that the claim against the City of Dubuque be denied. Original claim is attached hereto. Respectfully submitted, R.N. ~,usso City Attorney Councilman Bitter moved appro- val of the recommendation. Se- conded by Councilman Meyers. Car- ried by the fol1owing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. June 16, 1971 Hon. Mayor & City Council On January 13, 1971, William A. Tully of 1539 Garfield Avenue, this city, filed claim against the City of Dubuque, Iowa for damages suf- fered on January 3, 1971 as the re- sult of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation thereof and report- ed to the City Attorney by letter of no liability and in view of the foregoing it is the recommendation of tbe City Attorney that the claim of William A. Tully be denied. Original claim is attached here- to. Respectfully submitted, R.N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Second- ed by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. June 16, 1971 Hon. Mayor & City Council On September 17, 1970, Mrs. Katherine Rogers of 616 E. 22nd Street, this city, filed claim in no stated amount, claiming damages to her auto on September 9, 1970 as the result of a tree limb being blown onto her car while parked at 616 Providence Street, in this city. This matter was referred to the appropriate City Agency who made an investigation thereof and report- ed by letter to this office of no liability and in view of the fore- going it is the recommendation of the City Attorney that the claim of Mrs. Katherine Rogers be de- nied. Orignal claim is attached hereto. Respectfully submitted, R.N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Second- ed by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 15, 1971 Hon. Mayor & City Council On March 15, 1971, Kenneth R. Mott of 3522 Keymeer this city, filed claim against the City of Du- buque in the amount of $500.00 and alleging said damages were caused to the carpeting in the base- ment of his home on February 26, 1971 as the result of a sewer back- up. This matter was referred to the appropriate City Agency who made an investigation thereof and report- ed by letter to this office of no liability and in view of the fore- going, it is the recommendation of the City Attorney that the claim of Kenneth R. Mott be denied. Original claim is returned here- with. Respectfully submitted, R.N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Second- ed by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. June 15, 1971 Hon. Mayor & City Council On March 22, 1971, Mr. John J. O'Mal1ey, representing Grinnell Mutual Reinsurance Co., forwarded 242 Special Session, June 28, 1971 a letter to the City Clerk of the City of Dubuque, Iowa, claiming contribution from the City of Du- buque, Iowa as the result of a col- lision which occurred on February 6, 1971 between a vehicle operated by Glen Peter Stillmunkes, their in- sured, and a vehicle operated hy Mr. Dayton Heacock and claiming that as a result of said accident Mrs. Veronica Tscharner sustained injury. 1 have reviewed this matter and I have reviewed the pertinent law, and it is my opinion that there is no liability on the part of the City of Dubuque to warrant contribu- tion on the injury cJaim of Mrs. Tscharner. We have forwarded copy of this letter to Mr. John J. O'Malley, Kemmerer Adjustment, Box 811, Dubuque, Iowa. Original of Mr. O'Malley's letter is returned herewith- Respectful1y submitted, R.N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Second- ed by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- bauer, Pregler. Nays - None- June 16, 1971 Hon. Mayor & City Council On January 8, 1971, Mildred A. Sear, filed claim against the City of Duhuque alleging injuries on December 11, 1970 as the result of a fall at 395 Main Street in the City of Dubuque, Iowa, and that thereafter said claim was referred to this writer who made an inves- tigation of said claim and learned that the claimant suffered an in- jured left knee, incurring medical expenses, and, in addition, the loss of five weeks of wages totalling $340.65. The City Attorney has been in contact with the carrier of the abutting property owner and that said carrier has paid said claim in the amount of $415.55 pur- suant to agreement between said carrier and the City Attorney and that release was secured thereby for the City of Dnbuque based up- on the representation of the City Attorney that he would recommend payment to said carrier in the amount of $207.77. Therefore, it is the recommendation of the City Attorney that the City Auditor he instructed to draw warrant in the amount of $207.77 payable to American States Insurance and transmit same to the City Attor- ney for delivery. Original cJaim is returned here- with. Respectfully submitted, R.N. Russo City Attorney Councilman Bitter moved appro- val of the recommendation. Second- ed by Councilman Meyers. Carried by the fol1owing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 16, 1971 Hon. Mayor '" City Council On June 5, 1970, notice of claim for damages was filed with the City on behalf of Marie Elizabeth Schueller, 2726'h Jackson, by her attorney, and claiming therein that said claimant suffered a frac- tured knee cap, abrasions, brnises, and cuts to her leg when she fel1 into a manhole and catch basin as the result of stepping on an al- legedly improperly pJaced and in- stalled manhole cover between the curb and sidewalk at 657 Alta Vis- ta Street, this city, on May 31, 1970, and this matter was referred to this writer. I have made an investigation of this matter and have reviewed the medical bills and the doctor's re- port. Claimant, through her attor- ney, has made an offer of settle- ment of this claim in the amount of $805.00, and it is the recommen- dation of the City Attorney that said offer of settlement be ac- cepted and that the City Auditor be instructed to draw a warrant payable to Marie E. Schueller and Clarence J- Schueller, wife and husband, in the amount of $850.00 and transmit the same to the City Attorney for delivery upon receipt of duly execnted releases. Original claim is returned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Car- Special Session, June 28, 1971 243 lied by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 21, 1971 Hon. Mayor and City Council On May 3, 1971, George K. Arva- nitis, c/o Busy Bee Cafe at 1958 Central Avenue, this city, filed claim against the City of Dubuque for damages in the amount of $102.59 and al1eging that said dam- ages occurred on April 11, 1971 as the resuIt of a sewer hack up. This matter was referred to the appropriate City Ageney who made an investigation thereof and reported by letter to this office on June 15, 1971, of no liability on the part of the City of Dubuque and in view of the foregoing, it is the recommendation of the City Attorney that the claim of George K. Arvanitis be denied. Original claim is attached here- to. Yours very truly, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 17, 1971 Hon. Mayor and City Council On January 12, 1971, Harlan B. Grant of 335 W. 2nd Street, this city, filed claim against the City of Dubuque, Iowa for damages al- legedly suffered on January 5, 1971 as the result of the city owned "snow-go" being driven up- on his sidewalk during snow re- moval. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported to this office of no liabil- ity and in view of the foregoing it is the recommendation of the City Attorney that the claim of Harlan B. Grant be denied. Original cliam is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 17, 1971 Hon. Mayor and City Council On December 21, 1970, Paul H. Demkier of 380 Stoltz Street, this city, filed claim against the City of Dubuque, Iowa, for damages in the amount of $200.00 allegedly suffered on December 17, 1970 as the resuIt of a sewer back up. This matter was referred to the appropriate City Agency wbo made an investigation thereof and reported by letter to this office of liability and in view of the fore- going, it is the recommendation of the City Attorney that the claim of Paul H. Demkier be denied. Original cJaim is attached here- to. RespectfUlly, submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 17, 1971 Hon. Mayor and City Council On December 9, 1970, John J. McDonald of 3517 Key Corners, this city filed claim against the City of Dubuque, Iowa for damages allegedly suffered on November 21, 1970 in an unstated amount as the result of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office of no liability and in view of the foregoing, it is the recommenda- tion of the City Attorney that the claim of John J. McDonald be de- nied. Original claim is relnrned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. 244 Special Session, June 28, 1971 Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 17, 1971 Hon. Mayor & City Council On Novemher 2, 1970, David M. Schmitt of 1726 Sharon Drive, this city, filed claim against the City of Dubuque, Iowa, alleging dam- ages in the amount of $778.22 and that said damages occurred on Oc- tober 4, 1970 as the result of a sewer back up. This matter was referred to the appropriate City Agency and the City Attorney was advised by let- ter that said claim had been sat- isfied in full. In view of the foregoing, it is recommended by the City Attor- ney that the claim filed against the City of Dubuque be denied. Original claim is attached here- to. Yours very truly, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 17, 1971 Hon. Mayor & City Council On December 9, 1970, Robert T. Baker of 3511 Key Corners, this city, filed claim against the City of Dubuque, Iowa for damages al- legedly suffered on November 21, 1970 in a claimed amount of $209.00 as the result of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation thereof and reported by letter to this office of no liability and in view of the foregoing, it is the recommenda- tion of the City Attorney that the claim of Robert T. Baker be de- nied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 17, 1971 Hon. Mayor & City Council On August 24, 1970, Mrs. Wm. R. Billington, Jr., of 492 Hayden Lane, this city, filed claim against the City of Dubuque, Iowa alleging damages to her auto in the esti- mated amount of $78.85 as the result of said vehicle being strnck by branch of a dead elm tree in the driveway of Hayden Lane. This matter was referred to the appropriate City Agency and the City Attorney was advised by let- ter that said claim had been sat- isfied in full. Original Claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 17, 1971 Honorable Mayor and City Council On October 30, 1970, claim was filed against the City of Dubu- que, Iowa by Mr. and Mrs. Robert Palmer of 685 Kane Street, this city, claiming damages in an un- stated amount which al1egedly oc- curred on October 25, 1970 as the result of a section of storm sewer tile, being used on a city project, being rolled down a hill adjacent to their property, and said section rolled through their fence, damaging same. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office of no liability and in view of the fore- going, it is the recommendation of the City Attorney that the claim of Mr. and Mrs. Robert Palmer be denied. Special Session, June 28, 1971 245 Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. June 17, 1971 Honorable Mayor and City Council On, January 14, 1971, Clarence F. Bradley of 50 Stetmore Street, this city, filed claim against the City of Dubuque, Iowa for damages allegedly suffered on December 11, 1970 as the result of a city snow plow plowing snow and ice half way unto his auto and damaging same in the claimed amount of $68.87. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office of no liability on the part of the City and in view of the foregoing, it is the recommendation of the City Attorney that the claim of Clarence F. Bradley be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. June 17, 1971 Honorable Mayor and City Council On December 24, 1970, Mr. and Mrs. Joseph McDermott of 2514 Washington Street, filed claim against the City of Dubuque, Iowa for damages in the amount of $24.72 al1egedly suffered on Octo- ber, 1970 and November 5, 1970 as the result of sewer backups. This matter was referred to the appropriate City Agency who made an investigation thereof and reported by letter to this office of no llability and in view of the foregoing, it is the recommenda- tion of the City Attorney that the claim of Mr. and Mrs. Joseph Mc- Dermott be denied. Original claim is returned here- with. Respectful1y submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. June 17, 1971 Honorable Mayor and City Council On September 25, 1970, Mrs. Minetta King of 553 E. 14th Street, this city, filed claim against the City of Dubuque, Iowa for damag- es in the amount of $150.00 al- legedly suffered on September 9, 1970 as the result of a tree being blown onto her motor vehicle as the result of a strong wind. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office of no liability and in view of the foregoing, it is the recommenda- tion of the City Attorney that the claim of Mrs. Minetta A. King be denied. ' Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. June 17, 1971 Honorable Mayor and City Council On October 29, 1970, Michael A. Foran of 900 Lowell, this city, filed claim against the City of Dubuque, Iowa, in the amount of $35.69 for damages allegedly suf- fered on October 16, 1970 as the result of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation thereof and reported to this office of no lia- bility and in view of the fore- Special Session, June 28, 1971 This matter was referred to the appropriate City Agency who made an investigation thereof and reported to this office of no lia- bility on the part of the City, and in view of the foregoing, it is the recommendaton of the City Attor- ney that the claim of Jerry Preg- ler be denied. Original claim is returned here- with. 246 going, it is the recommendation of the City Attorney that the claim of Michael A. Foran be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney COImcilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. June 24, 1971 Honorable Mayor and City Council On January 14, 1971, Mrs. Wm. (Carrie) Lukan of 405 2nd Ave-, S.D., Cascade, Iowa, filed claim agoinst the City of Dubuque, Iowa, for damages in the amount of $85.00 for personal injuries alleg- edly suffered on December 2, 1970 as the result of a fall in the auto ramp on Locust street, Dubuque, Iowa. This matter was referred to the appropriate City Agency who made an investigation thereof and reported to this office of no lia- bility on the part of tbe City and in view of the foregoing, it is the recommendation of !be City Attorney that the claim of Mrs. Wm. (Carrie) Lokan be denied. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Sec- onded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. . June 17, 1971 Honorable Mayor and City Council On December 21, 1970, Jerry Pregler of 1505 Fairview, this city, IDed claim against the City of Dubuque, Iowa, in the amount of $33.18 and $38.50 and in the total amount of $71.68 which allc.¡ed1y occurred on an unspecified date at 1046 Central Avenue, this city, as the result of a sewer backup. "'.M Respectfully suhmitted, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-Noue. June 25, 1971 Hon. }fayor and City Council That on or about the 6th day of July, 1970, the Sheriff's Jury of Dubuque County, Iowa in Eminent Domain proceedings returned an award in the amount of $8,500.00 for Fred E. Klett and Katie Klett for the acquiring, by the City of Dubuque for airport purposes a portion of real estate owned by the said Mr. and Mrs. Klett. Thereafter, Mr. and Mrs. Klett appealed to the District Court of Dubuque County, Iowa on Febru- ary 26, 1971 claiming damages in the total amount of $25,000.00 by reason of the taking by the City of Dubuque, Iowa under Eminent Domain of said real estate. That thereafter, said matter ha- ving been referred to the City At- torney by tbe City Council appro- priate defenses were pleaded and defense of the claim was asserted. Contemporaneously, negotiations have been held with the Kletts and their attorney and an offer of set- tlement has been made in the amount of $13,000.00 representing an increase of $4,500.00 over !be Sheriff's Jury award. That it is the recommendation of the City Attorney that said of- fer be accepted as in his judgment and experience it would aerve the best interest of the City that said offer of settlement be accepted and it is contemplated that in the granting of said real estate, that !be said grantors will reserve an Special Session, June 28, 1971 247 easement therein as access for farm purposes depending on the location thereof that it meets with !be approval of the City Engineer and the Airport Commission. Original petition with original notice is hereto attached. Respectful1y submitted, R. N. Russo City Attorney Councilman Meyers moved appro- val of the recommendation. Second- ed by Mayor Couchman. Carried by the following vote: Y cas -Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Communication of Sr. Christine Boesch, advising of injury incurr- ed as the result of a fall on a de- fective sidewalk at 9th Street along the parking lot, presented and read. Councilman Meyers moved that the communication be referr- ed to the City Solicitor for investi- gation and report. Seconded by Councilman Bitter. Carried by the fol1owing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Notice of Suit of Lyoea Susan Broessel, in the amount of $5000., for personal injuries received in a fall on the north side of W. Third Street in the 500 and 600 block on April 17, 1971, presented and read. Councilman Meyers moved that the notice of suit be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: I Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Notice of claim of Linda Brime- yer, in the amount of $64.00, for car damage incurred as the result of striking a parking meter lying in the street at 11th & Central on May 15, 1971, presented and read- Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Notice of claim of Leonard Clark in the amount of $424.77 for car damage incurred as the result of striking a loose manhole in the street at State and Curtis on June 10, 1971, presented and read. Coun- cilman Meyers moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Notice of claim of Joseph L. Kramer, in the amount of $100,000. for unlawful acts of Dubuque Po- lice officers falsely arresting and detaining claimant on May 8th, 26th and 27th, presented and read. Councilman Meyers moved that the notice of claim be referre dto the City Solicitor for investigation and report. Seconded by Councilman Bitter. Carried by the fol1owing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. ORDINANCE No. 30-71 AN ORDINANCE AMENDING AND CHANGING ORDINANCE No. 3-34 KNOWN AS THE "ZO- NING ORDINANCE OF THE CITY OF DUBUQUE, IOWA" SO AS TO CHANGE BLOCK #1 OF SUNSET PARK SUBDIVI. SION #3, FROM SINGLE FA. MILY RESIDENCE DISTRICT" CLASSIFICATION TO "MULTI. PLE RESIDENCE DISTRICT CLASSIFICATION, presented and read. Councilman Meyers moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be 248 Special Session, June 28, 1971 Special Session, June 28, 1971 249 waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Councilman Meyers moved that a hearing be held on the Ordi- nance on August 19, 1971, at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Petition of Albert V. Schiltz et al (20 signers) requesting that the area on Elm Street bounded by E. 20th on the south, East 22nd to the north, Washington Street to the west and the railroad tracks to the east remain at the present zo- ning classification or be rezoned to a more residential character, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zo- ning Commission. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Petition of Donald A. Lombardi et al (41 signers) requesting an ordinance to prohibit truck traffic on West 32nd Street, presented and read. Mayor Couchman moved that the City Manager's verbal re- port be accepted and that he be instructed to converse with Mr. Lombardi. Seconded by Councilman Bitter. Carried by the fol1owing vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Petition of United Transporta- tion Union requesting the removal of weeds and trees growing on In- dustrial Park in the area bounded on the east by Kerper Blvd., on the west by Milwaukee tracks, on the south by Vulcan Tool and on '..... - the north by Thermolyne Co. pre- sented and read. After assurance was given by the Manager that the problem had been disposed of Ma- yor Couchman moved that the pe- tition be received and filed. Se- conded by Councihnan Bitter. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of Fondell & Sons Inc. requesting permission to excavate between 24th and 25th streets on Central Ave. presented and read. Councilman Pregler moved approv- al of the petition. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Petition of Dubuque Electric Mo- tor Service Inc. requesting relo- cation of a light and pole on the corner of 13th & Jackson Street as the result of new building con- struction, presented and read. The City Manager informed the Coun- cil that the problem is being taken care of after which Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of Richard Hansel re- questing annexation of Lot 1 of 1 of M. L. 222 (lying east of I. C. R. R. tracks) and Lot 1 of M. L. 223 in area of Cedar Cross and Brun- skil1 Road, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commission. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of R. C. Wahlert et al (121 signers) requesting that the owner of the property at 215 Fre- mont Ave. be required to clean up, repair and maintain said prop- erty consistent with the laws of the City, presented and read. Councilman Pregler moved that the petition be referred to the Buiding Department and Health Department to invoke ordinances. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of George M. & Arlene A. Oberbroeckllng requesting an- nexation of Lots 635 to 643 in North Dubuque Addn., presented and read. Councilman Pregler moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of Ron Blakeman re- questing a refund of $250 on the unexpired portion of Liquor Li- cense No. C-6686 as he has discon- tinued business on 4-19-71, pre- sented and read. Counciman Preg- ler moved approval of the petition and the Auditor be instructed to issue the proper warrant. Second- ed by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of L. J. Winkler request- ing a refund of $150 on the unex- pired portion of Class B Beer Per- mit No. 51, as he has discontinued business on 6-2-72, presented and read. Councilman Pregler moved approval of the petition and the Auditor be instructed to issue pro- per warrant. Seconded by Coun- cilman Bitter. Carried by the fol- lowing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate at 489 Loras Blvd., presented and read. Councilman Pregler moved that the petition be granted. Sec- onded by Councilman Bitter. Car- ried by the fol1owing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Petition of St. Joseph Mercy Hos- pital requesting that the zoning ordinance be amended to include Lot 2 of Lot 2 of Langwortby Place, a subdivision of Lot 1 of Lot 3 of Lot 1 of Lot 2 of Lot 9 of Sub. of Mineral Lot 73; Mineral Lot 69; Mineral Lot 70; Lot 1 of Mineral Lot 66; Lot 2 of Lot 2 of Mineral Lot 66, except the south- erly 100 feet thereof; Lots 1 through 17 in Agnes Langworthy's Subdivision of Mineral Lot 71; Lot 2 of Lot 1 of Out Lot 731, ex- cept the southerly 100' thereof; Lot 1 of Lot 2 of Lot 1 of City Lot 732; Lot 1 of Lot 1 of Lot 6 of Mineral Lot 72; Lot 2 of Lot 1 of Lot 6 of Mineral Lot 72; Lot 1 of Lot 2 of Lot 6 of Mineral Lot 72; Lot 2 of Lot 2 of Lot 6 of Mineral Lot 72; Lot 4A of Mineral Lot 72; Lot 1 of Lot 4 of Mineral Lot 72; Lot 1 of Lot 2 of Lot 10 of Mineral Lot 73; Lot 1 of Lot 1 of Lot 5 of Mineral Lot 72; The vacated and deeded east 10 feet of Lot 11 of Massey Heights; The west 50 feet of Lot 11 of Massey Heights; Lots 12, 13 and 14, each in Massey Heights; The easterly 35 feet of Lot 15 in Massey Heights; Vacated Clara Street; Vacated Au. gusta Street; Vacated Peabody Street; Vacated portion of James Street lying south of Langworthy Avenue; The vacated alley in Ag- nes Langworthy's Subdivision of Mineral Lot 71; and it further re- quests that the following described real property be reclassified from two-family residence to multiple family residence and that the said real property be included in Arti- cle N, Section 2 (h): The westerly 5 feet of Lot 15, Massey Heights; Lots 16, 17, 18, 19 and 20, each in Massey Heights; Lot 3 of Mineral Lot 72; Lot 3 of Part of Mineral Lot 68. Councilman Pregler moved that the petition be referred to the Planning and Zoning Commission. Seconded by Mayor Couchman. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. 250 Special Session, June 28, 1971 Petition of Dubuque Park Board BE IT RESOLVED by the City requesting approval of granting an Council of the City of Dubuque, easement to John Meehan for a Iowa: driveway to and from the property SECTION 1. That the Mayor and adjoining Eagle Point Drive, pre- City Clerk be and they are hereby sented and read. authorized and directed to execute Mr. John Meehan the proposed a Certificate of Completion for the purchaser of a lot and Mr. Bob Molo Oil Company for the im- Huber the proposed seller both ad- provements located on Lot 1 of dressed the Council relating their Block 16 in Dubuque Downtown difficulties encountered in trying Plaza in the City of Dubuque, Iowa, to get an easement. situated in the Downtown Urban Mayor Couchman moved that the Renewal Project, Iowa R-15. petition be referred to the Man- SECTION 2. That the Clerk be ager and City Attorney for Inves- and he is hereby authorized and tigation and report. Seconded by directed to file a copy of this res- Councilman Bitter. Carried by the olution and the executed copy of fol1owing vote: the Certificate of Completion in Yeas - Mayor Couchman, Coun- the office of the County Recorder cilmen Bitter, Meyers, Molden- in and for Dubuque County, Iowa. hauer, Pregler. Passed, approved and adopted Nays-None. this 28th day of June, 1971. Gaylord M. Couchman Petition of American Legion re- Mayor questing permission to conduct a Walter A. Pregler Drum & Bugle Corps Parade on Wayne A. Moldenhauer July 4th, presented and read. Coun- Donald R Meyers c!l!"an Pregler moved that the pe- Joseph J.'Bitter tition be granted and referred to Councilmen the Manager for implementation. Attest: Seconded by Counci!man Bitter. Leo F. Frommelt Carried by the followmg vote: City Clerk Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- Councilman Meyers moved adop- hauer, Pregler. tion of the resolution. Seconded Nays-None. by Mayor Couchman. Carried by the following vote: RESOLUTION NO. 163-71 Yeas - Mayor Couchman, Coun- Authorizing tho Execution of a cilmen Bitter Meyers Molden- Certificate of Completion for hauer, Pregler: ' Mol<> Oil Company. Nays-None. WHEREAS, under date of Octo- ber 8, 1970, the City of Dubuque RE~OLUTION NO. 1~71 entered into a Contract for the AuthorIZing the A~vertlsing .of Sale of Land for Private Redevel- Bids for the Demol~tion and SIte opment with Molo Oil Company for Clearance o! CertaIn Parcels of the real estate hereinafter de- Real Estate ID the Downtown Ur. scribed' and ban Renewal Project, Iowa R.I5. , WHEREAS, the City of Dubuque ~REAS, under t.he terms of under date of July 26, 1967, en- saId contract the subJect re~l es- tered into a Loan and Capital tate was conveyed by. the C1iy of Grant Contract with the United Dubuque to Molo Oil Compa~y States of America providing for fi- who construc~ed thereon certalD nancial assistance to the City of tmprovements, and Dubuque under Title I of Housing WHEREAS,. Section 307 of said Act of 1949, as amended, for the contract proVIdes that upon com- undertaking of the Downtown Ur- pletion of the improvements the ban Renewal Project Iowa R-15; City of Dubuque will furnish Molo and Oil ~ompany a Certificate of Com- WHEREAS, the City of Dubuque pletion; and pursuant to such contract and to WHEREAS, it has determined implement the Urban Renewal that the reqnired improvements Plan for the Project Area has ac- have been satisfactorily completed; quired and is acquiring certain now therefore parcels of real estate; and .-"",. -, Special Session, June 28, 1971 251 WHEREAS, in order to provide cleared land for redevelopment and for certain public improve- ments; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: ijECTION 1. That the City Clerk be and he is hereby authorized and directed to publish "Invitation for Bids" for Demolition Contract No. 2-71 for the demolition and site clearance of certain parcels of real eState in the Downtown Urban Re- newal Project, Iowa R-15, in the form of Exhibit "A" attached here- tó and made a part hereof. Passed, adopted and approved t 1is 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk INVITATIONS FOR BIDS DEMOLITION CONTRACT NO. 2.71 The City of Dubuque, State of Iowa, will receive sealed proposals for demolition of buildings and structures and site clearance for the Downtown Urban Renewal Pro- ject, Iowa R-15, until 10 o'clock A.M. Central Daylight Savings Time on July 16, 1971, at the Of- fice of the City Clerk, City Hall, 13th and Iowa, Dubuque, Iowa, at which time all bids will be pub- licly opened and read in Council Chambers. This project will consist of approximately 19 major build- ings and all other improvements that may in fact exist upon any of the parcels to be cleared. All im- provements are to be demolished or dismantled on the site. Contract Documents, including drawings, technical drawings and forros are on file with the Direc- tor of Urban Renewal. Copies of the Contract Docu- ments may be obtained by depos- Iting $10.00 with the Director of Urban Renewal, Suite 10-B Fischer Building, Dubuque, Iowa, for each set of documents so obtained. Each such deposit will be refunded if the documents are returned in good condition within 10 days after bid opening. A certified check drawn on a solvent Iowa bank payable to the order of the City of Dubuque, Iowa, or a deposit of money In an amount equal to at least ten per- cent (10%) of the amount of the estimated cost of demolition and site clearance exclusive of any de- ductions for salvage, shall be sub- mitted with each bid. The successful Bidder wil1 be re- quired to furnish and pay for sat- isfactory performance and pay- ment bond or bonds. Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project, and that the Contractor must ensure that em- ployees and applicants for employ- ment are not discriminated against because of their race, color, reli- gion, sex or national origin. The City of Dubuque reserves the right to reject any or all Bids or to waive any informalities in the bidding. Bids may be held by the City of Dubuque for a period not to ex- ceed thirty (30) days from the date of the opening of Bids for the pur- chase of reviewing the Bids and investigating the qualifications of the Bidders, prior to awarding of the Contract. CITY OF DUBUQUE Leo F. Frommelt City Clerk DATE: June 28, 1971 Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 165-71 Decla,rin" Intent to S." A Por. tion of the Downtown Urban Re. newal Project, Iowa R.15 to R.. nier Piano & Organ Company, Inc. WHEREAS, under date of Au- gust 4, 1969, the Council of the City of Dubuque approved and au- thorized the receiving of propos- als for the sale and redevelopment of certain parcels of real estate in 252 Special Session, June 28, 1971 the Downtown Urban Renewal Project, Iowa R-15, and WHEREAS, in response to said offering, a proposal for the pur- chase and redevelopment of a por- tion of the Project Land was re- ceived from Renier Piano & Or- gan Company, Inc., and WHEREAS, pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, and certain regulations of the Department of Housing and Urhan Development, certain docu- ments must be made available for public inspection and a public hearing conducted; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, fowa: SECTION 1. That the City of Dubuque hereby declares its in- tent, after a public hearing, to dis- pose of Lot 2 of Block 5 in Du- buque Downtown Plaza in the City of Dubuque, Iowa, also known as Disposition Parcell of Block 2 to Renier Piano & Organ Company, Inc. in accordance with the terms of the Disposition Documents gov- erning such sale on file in the of- fice of the Department of Urban Renewal. SECTION 2. That the City Clerk be and is hereby authorized and directed to publish notice of pub- lic hearing to be held on August 2, 1971, and to make certain docu- ments available for public inspec- tion. Such notice shal1 be substan- tially in the form of Exhihit "A" attached hereto and made a part hereof, and such notice may cover one or more proposals. Passed, approved, and adopted this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" LEGAL NOTICE OF HEARING Pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, the City Council of the City of Du- buque will hold a public hearing for the purpose of considering the authorization of the execution of proposed agreements by and be- tween the City of Dubuque and the developers hereinafter listed for the purchase and redevelop- ment of certain parcels of real es- tate located in the Downtown Ur- ban Renewal Project, Iowa R-15, which project includes the area bounded by Fourth Street on the south, Central Avenue on the east, Ninth Street on the north, and Lo- cust Street on the west. NAME OF ADDRESS DEVELOPER Renier Piano & Organ Company, Inc., 520 Main Street, Dubuque, Iowa Said hearing will be held in Council Chambers, City Hall, 13th and Iowa Streets, Dubuque, Iowa, at 7:30 P.M. on the 2nd day of August, 1971, and any person or organization desiring to be heard will be given an opportunity to be heard on the question of the pro- posed dispositions. A "Redeveloper's Statement for Public Disclosure" in the form pre- scribed by the Department of Housing and Urban Development and the proposed "Disposition Agreement" for each of said de- velopers are on file and available for inspection at the office of the City Clerk, City Hal1, Dubuque, Iowa between 8:00 A.M. and 5:00 P.M e.xcept Saturdays, Sundays, and holidays. Said documents shall also be available at the time of the public hearing. Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 166-71 DECLARING INTENT TO SELL A PORTION OF THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15 TO THOMAS F. LEmOLD WHEREAS, under date of Au- gust 4, 1969, the Council of the City of Dubuque approved and authorized the receiving of pro- posals for the sale and redevelop- ment of certain parcels of real estate in the Downtown Urban Renewal Project, Iowa R-15, and Special Session, Juue 28, 1971 253 WHEREAS, in response to said offering, a proposal for the pur- chase and redevelopment of a por- tion of the Project Land was re- ceived from Thomas F. Leibold, and WHEREAS, pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, and certain regulations of the Department of Housing and Urban Development, certain docu- ments must be made available for public inspection and a public hearing conducted; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SectIon I. That the City of Du- buoue hereby declares its intent, after a public hearing, to dispose of Lot 1 of Block 4 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, also known as Dis- position Parcel 3 of Block 2 to Thomas F. Leibold in accordance with the terms of the Disposition Documents "overning such sale on file in the office of the Department of Urban Renewal. Section 2. That the City Clerk be and is herebv authorized and di- rected to publish notice of puhlic hearing to be held on August 2, 1971 and to make certain docu- ments available for public inspec- tion. Such notice shall he substan- tially in the form of Exhibit "A" attached hereto and made a part hereof, and such notice may cover one or more proposals. Passed, approved, and adopted I this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt EXHIBIT "A" LEGAL NOTICE OF HEARING Pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, the City Councl of the City of Dubuque wil1 hold a puhlic hear- ing for the purpose of considering the authorization of the execution of proposed agreements by and be- tween the City of Dubuque and the developers hereinafter listed for the purchase and redevelopment of certain parcels of real estate lo- cated in the Downtown Urban Re- newal Project, Iowa R-15, which project includes the area bounded by Fourth Street on the south, Central Avenue on the east, Ninth Street on the north, and Locust Street on the west. Name of Developer, Thomas F. Leibold. Address, 1392 Main Street, Du- buque, Iowa, Said hearing wil1 be held in Council Chambers, Citv Hall, 13th and Iowa Streets, Dubuque, Iowa, at 7:30 PM. on the 2nd day of August, 1971, and any person or organization desiring to be heard will be given an opportunity to be heard on the question of the pro- posed dispositions. A "Redeveloper's Statement for Public Disclosure"in the form pre- .cribed by the Department of Housin¡¡ and Urban Development and the proposed "Dispoqtion A!!reenient" for each of said de- velopers are on file and available for inspection at the office of the City Clerk, City Hall. Dubuaue, Iowa between 8:00 A M. and 5:00 PM. except Saturdavs, Sundavs, and holidays. Said documents shall also be available at the time of the publlc hearing. Leo F. Frommelt City Clerk Councilman Pregler moved aop- tion of the resolution. Seconded by Councilman Bitter. Carried by the fol1owing vote: Yeas-Mavor Couchman, Coun- cilman Bitter, Meyers, Molden- hauer, Pregler. Nays None. RESOLUTION NO. 167.71 AUTHORIZING THE FILING OF AN AMENDATORY APPLICA- TION FOR LOAN AND GRANT FOR THE DOWNTOWN URBAN RENEWAL PROJECT NO. R-15 WHEREAS, the City of Dubuque under date of July 26, 1967, 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 fi- nancial assistance in the under- Special Session, June 28, 1971 this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen 254 taking and carrying out of a cer- tain Urban Renewal Project herein designated as Project No. Iowa R-15, which is more fully identi- fied in the executed Contract for Loan ~nd Grant; and WHEREAS, it is necessary and in the public interest that the City of Dubuque avail itself of addi- tional financial assistanco provided by the Housing Act of 1949, as amended to date, to carry out the aforementioned Project; and WHEREAS, it is necessary to file an Amendatory Application for Loan and Grant for the aforesaid Project requesting a (1) Revision in Temporary Loan and a (2) Re- vision in Project Capital Grant; and I WHEREAS, it is recognized that the Federal contract for sucþ ad- ditional assistance will continue 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 I. That an apDlication 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 Projert Capital Grant is hereby approved, and that the City Manager is here- by autÞorized and directed to exe- cute and to file such aPDlication with the DeDartment of Housing and Urban Development, to pro- vide such additional information and to furnish such documents as may be required in bebalf of said City, and that the Director of Ur- ban Renewal is hereby authorized and directed to act as the author- ized correspondent of the City of Dubuque. Section 2. That the United States of America and the Secretary of the Department of Housing and Urhan Development, be and they are hereby reassured of the con- tinued, full compliance by the City of Dubuque with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964. Passed, approved and adopted Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolutiOJl. Seconde!! by Councilman Pregler. C~ed by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 7, 1971 To Honorable Mayor and City Council This is to advise you that the John F. Kennedy Road Storm Sew- er 1969, a distance of 406 feet, has been completed in accordance with plans and specifications bY Fondel1 & Sons Inc., of Dubuque, Iowa. Respectfully submited, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays-None. FINAL ESTIMATE RESOLUTION NO. 168.71 WHEI ,EAS. the contract for the JOHN F. KENNEDY ROAD STORM SEWER-I969 has been completed and the City Engtneer has submit- ted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the ~sessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $17,387.57. That none of the cost thereof shall be assessable upon private property and $17,387.57 shall be paid from the Road used Tax Fund of the City of Dubuque. Special Session, June 28, 1971 255 Passed, adopted and approved this 28th day of June 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nay~None. (A Resolution AceptlßIJ Improvement) RESOLUTION ND. 169.71 WHEREAS, the contract for the JOHN F. KENNEDY ROAD STORM SEWER---1969 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its ac- ceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said tmprovement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he Is hereby directed to pay to the contractor from the funds to be realized from upon the above de- scribed improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor' Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas-Uayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of public hearing on resolution of necessity for public improvements and plans, specifications, form of contract and cost of constructing 1971 MAINTENANCE PATCHING PROGRAM NO.1, presented for final adoption. No written objections were filed and no oral objectors were present In the Council Chamber at the time set for the public hearing. Councilman Bitter moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. (Necessity for Improvement) RESOLUTION NO. 150.71 WHEREAS proposed p I a n s, specifications, form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for the 1971 Maintenance Patching Pro- gram No. 1. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engtneer which have been approved by the City Council and are now on file with 256 Special Session, June 28, 1971 the City Clerk. That the cost and BE IT FURTHER RESOLVED expense of making said improve- that this resolution being deemed ment wil1 be paid from the Road urgent and of IMMEDIATE NE- Use Tax Fund. CESSITY shall be in force and The above resolution was intro- effect from and after its passage duced, approved, and ordered and adoption by the City Council. placed on file with the City Clerk Passed, adopted and approved this 7th day of June, 1971. this 28th day of June, 1971. Approved and placed on file for Gaylord M. Couchman final action. Mayor RECORD OF FINAL ADOPTION Walter A. Pregler . The foregoing resolution was ~::,:'¡~ ~: ::i~:~auer fmally passed and. adopted, ~s pr?- Joseph J. Bitter posed, by the CIty Council thIS Councilmen 28th day of June 1971. Attest: Gaylord M. Couchman Leo F. Frommelt Mayor City Clerk Watler A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt Councilman Bitter moved final adoption of the resolution. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. (Ordering Const.ruction) RESOLUTION NO. 170.71 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a Resolu- tion of Necessity No. 150-71 which was duly passed by this Council for the 1971 Maintenance Patching Program No.1 be and the same hereby ordered and constructed by this Council upon its own mo- tion and with or without the peti- tion of property owners. All the work shall be constructed in ac- cordance with the plans and speci- fications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Street Road Use Tax Fund. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law. ,""" Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the foUowing vote: Yeas-Mayor Couchman, Coun- cilman Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the publisher, of notice to contractors of the receipt of pro- posals for the construction of 1971 Maintenance Patching Program No. 1, presented and read. Councilman Bitter moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 24, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00 A.M. Thursday, June 24, 1971 for the City of Dubuque 1971 Main- tenance Patching Program No. 1. The lowest bid was entered by Tri- State Paving Company of Dubuque, Iowa. Their bid was 16.7% over the Engineer estimate. I recommend that the contract for the improvement be awarded to the Tri-State Paving Company of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Mayor Couchman moved ap- proval of the recommendation. Sec- Special Session, June 28, 1971 257 onded by Council man Bitter. Car- cilmen Bitter, Meyers Molden- ried by the following vote: hauer, Pregler. ' Yeas-Mayor Couchman, Coun- Nays-None. cilmen Bitter, Meyers, Molden- Proof of P blic r rtif' d hauer, Pregler. u. a lOn, ce Ie to Nays-None. by . the ~bllSher, ~lso certified mail receIpts of dehvery, of no- (Awarding Contract) tice of public hearing to Ralph & RESOLUTION NO. 171-71 Raymond Dean Admr. to consider WHEREAS, sealed proposals have M~na!,er's report stating that the been submitted by contractors for bUlldmgs located on Lot 1 of M. L. the city of Dubuque 1971 Mainten- 354 and known as 2954 Davenport ance Patching Program No.1 pur-! Street are dangerous to hfe, health suant to Resolution No. 151-71 and and property, presented and read. notice to bidders published in a No written o~jections were filed newspaper published in said City and no oral ?b¡ectors were present on June 11 1971 and June 18 m the council chamber at the time 1971; and' , set for the public hearing. WHERAS, said sealed proposals Councilman Bitter moved that were opened and read on June 24, the proof of p~blication and mail 1971, and it has been determined receIpts be recClved and filed. Sec- that the bid of Tri-State Paving onded by Councilman Molden- Company of Dubuque, Iowa in the hauer. Carried by the foUowing amount of $24,693.70 was the low- vote: est bid for the furnishing of aU Yeas-Mayor Couchman, Coun- labor and materials and perform- cilmen Bitter, Meyers, Molden- ing the work as provided for in the hauer, Pregler. plans and specifications; now Nays-None. therefore, . Building Department issued a BE IT RESOLVED by the Cl!y demolition permit on the above Council of the City of Dubuque structure on June 28 1971 that the contract for the above ' . mentioned improvement be award- RESOLUTION NO. 172.71 ed to Tri-State Paving Company WHEREAS the City Manager has and the Manager be and he is reported to the City Council that hereby directed to execute a con- the building and premises located tract on behalf of the City of Du- on Lot 1 of Mineral Lot 354, known buque for the complete perform- as 2954 Davenport Street in the ance of said work. City of Dubuque, Dubuque County, BE IT FURTHER RESOLVED, Iowa, are dangerous to life and that upon the signing of said con- heaIth because of their condition tract and the approval of the con. and that demand has been made tractors bond the City Treasurer by him upon the William and Lil- is authorized and instructed to re- lian Dean Estate, Ralph Dean and turn the bid deposits of the un- Raymond Dean, administrators of successful bidders. said property that the condition Passed and adopted this 28th complained of be corrected and day of June 1971 that said owner has failed to cor- G' I d M C hID rect the conditions within the time a~:;or . ouc an provided by the notice; and, WHEREAS on June 7, 1971, the WaIter A. Pregler City Council set said report down Wayne A. Moldenhauer for hearing at 7:30 o'clock P.M. Donald R. ~eyers Central Daylight Time on June 28, Joseph ~. Bl!ter 1971, in the City Council Chamber Councilmen in the City Hall in the City of Du- buque, Dubuque County, Iowa, and directed the City Clerk to give no- tice of said hearing; and, WHEREAS it appears by return of service now on file in the rec- ords of the City Council that no- tice of said hearing was given by serving by Registered Mail on Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the fol1owing vote: YeaS-.Mayor Couchman, Coun- 2.'58 Special Session, June 28, 1971 June 11, 1971, and by publication in the Telegraph Herald newspaper on June 11, 1971, and, WHEREAS pursuant to said no- tice on order of the City Council a publlc hearing was held at 7:30 P.M. Central Daylight Time on June 28", 1971, in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above de- scribed real estate were afforded I an opportunity to be heard and witnesses concerning the condition, of the property and the hazard was heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the prem- ises and has reached it determin- atmn. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the structure known as 2954 Davenport Street and located on Lot 1 of Mineral Lot 354 in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and de- clared to be dangerous to llfe, health and property and a nuis- ance; Section 2. That the City Man- ager be and he is hereby author- ized and directed to cause the strurlure known as 2954 Davenport Street and located on Lot 1 of Mineral Lot 354 in the City of Dubuque, Dubuque County, Iowa, to be dismantled and removed. Section 3'. That upon comple- tion of said work, the City Man- ager shall certify the cost there- of Ie the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the Cowaty Auditor of Dubuque Coun- ty, Iowa, and it shall be collected with and in the same manner as general property taxes. 58ction 5. That the' City Clerk lie and' is hereby directed to record " certified copy of this Resolution in the office of the County Re- corder of Dubuque COUiDty, Iowa. Passed, adopted and approved this 28th day of June 1971. Gaylord J!l. Couchman Mayor Walter A. Pregler ii5iò\ , Wayne A. Moldenhauer Joseph J. Bitter Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nayo--None. Proof of Publlcation, certified to by the Publisher, also certified mail receipts of delivery, of no- tice of public hearing to Mr. & Mrs. William Kaiser Jr. and Mr. and Mrs. Melvin Kaiser, to con- sider Manager's report stating that the buildings located on Lot 21 Lenox Addu. and known as 2715 University are dangerous to life, health and property, presented and read. No written objections were med aM DO oral objectors were pres- ent in the Council Chamber at the time set for the public heariAg. Councilman Bitter moved that the proof of publication and mail receipts be received and filed. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. m.71 WHEREAS the City Manager has reported to the City Council that the building and premises located on Lot 21 Lenox Additio:B, known as 2715 University Avenue in the City of Dubuque, Dubuque County, Iowa, are dangerous to to life and kealth because of their condition and that demand has been made by hím upon Mr. & Mrs. William Kaiser, Jr., 2715 Uni- versity Avenue, Dubuque, Iowa, and Mr. & Mrs. Melvin Kaiser, 1610 Hickson Avenue, Dubuque, Iowa, as owners of said property that the condition complained of be corrected and the said owner has failed to correct the condi- tions within the time provided by the notice; and, Special Session, June 28, 1971 259 WHEREAS on June 7, 1971, the City COuncil set said report down for hearing at 7:30 o'clock P.M. Central Daylight Time on June 23, 1971, in the City Council Chamber in the City Hall in the City of Dubuque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing; and, WHEREAS it appear by return of service now on file in the rec- ords of the City Council that notice "f said hearing was given by serv- ing by Registered Mail on June 11, 1971, and by publication in the Telegraph Herald newspaper on June 11, 1971, and, WHEREAS pursuant to said no- tice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Daylight Time on June 23, 1971, in the City Coun- cil Chamher in the City Hall in the City of Dubuque, Dubuque County, Iowa, at which time the owners of the above described real estate were afforded an op. portunity to be heard and wit- nesses concerning the condition of the property and the hazard was heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the prem- ises and has reached its determina- tion. NOW, THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the structure known as 2715 University Avenue and located on Lot 21 Lenox Ad- dition in the City of Dubuque. Dubuque County, Iowa, be and the same are hereby found and de- , dared to be dangerous to life, I health and property and a nui- sance' Section 2. That the City Man- ager he and he is hereby author- ized and directed to cause the structure known as 2715 Univer- sity Avenue and located on Lot 21 Lenox Addition in the City of Dubuque, Dubuque County, Iowa, to be dismantled and removed. Section. That npon completion of said work, the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section 5. That the City Clerk be and is hereby directed to record a certified copy of this Resolution in the office of the County Re- corder of Dubuque County, Iowa. Passed, adopted and approved this 28th day of June 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, also certified mail receipts of delivery, of no- tice of public hearing to Mr. Flo- rian Kasper Jr. to consider Man- ager's report stating that the buildings located on Lot 4 of Sub. 52, 53 and 54 in Bel1evue Addn. and known as 2494 Pinard Street are dangerous to ilfe, health and property, presented and read. No written objections were filed and no oral objectors were present in the Council Chamher at the time set for the public hearing. Councilman Bitter moved that the proof of publication and mail re- ceipts be received and filed. Sec- onded by Councilman Moldenhau- er. Carried by the following vote: Yeas-Mayor Couchman. Council- men Bitter, Meyers, Moldenhauer, Pregler. Nays--None. Building Department issued a demolition permit on the above structure on June 16, 1971. RESOLUTION NO. 174-71 WHEREAS the City Manager has reported to the City Council that the building and premises located on Lot 4 of Sub-division 52, 53, 54 and 55 in the Bellevue Addition, 260 Special Session, June 28, 1971 known as 2494 Pinard Street in the City of Dubuque, Dubuque County, Iowa, are dangerous to life and health because of their con- dition and that demand has been made by him upon the Barbara Kasper Trust, Florian Kasper, Jr., 2740 Andrew Court, Dubuque. Iowa, Trustee of said property that the condition complained of be corrected and that said owner has failed to correct the conditions within the time provided by the notice; and, WHEREAS on June 7, 1971, the City Council set said report down for hearing at 7:30 o'clock P.M. Central Daylight Time on June 28, 1971, in the City Council Chamber in the City Hall in the City of Du- buque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing; and, WHEREAS it appears by return of service now on file in the rec- ords of the City Council that no- tice of said hearing was given by serving by Registered Mail on June 11, 1971, and by publication in the Telegraph-Herald newspaper on June 11, 1971, and, WHEREAS pursuant to said no- tice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Daylight Time on June 28 1971, in the City Coun- cil Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above de- scribed real estate were afforded an opportunity to be heard and witnesses concerning the condition of the property and the hazard was heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the premises and has reached its determination. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the structure known as 2494 Pinard Street and located on Lot 4 of Sub-division 52, 53, 54 and 55 in Bellevue Addition in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and decJared to be dangerous to life, health and property and a nuisance; Section 2. That the City Manager be and he is hereby authorized and directed to cause the structure known as 2494 Pinard Street and located on Lot 4 of Sub-division 52, 53, 54 and 55 in Bellevue Addition in the City of Dubuque, Dubuque County, Iowa, to be dismantled and removed. Section 3. That upon completion of said work, the City Manager shal1 certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section 5. That the City Clerk be and is hereby directed to record a certified copy of this Resolution in the office of the County Re- corder of Dubuque County, Iowa. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler Nays-None. Proof of Publication, certified to by the Publisher, also certified mail receipts of delivery, of notice of public hearing to Robert A. Ring and Virginia C. Ring to consider Manager's report stating that the buildings located on Lot 2 of 1-1-11 in Kelly's Sub. and known as 668 University Ave. are danger- ous to life, health and property presented and read. No written objetcions were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Bitter moved that the proof of publication and mail re- ceipts be received and filed. Sec- Special Session, June 28, 1971 261 onded by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 175.71 WHEREAS the City Manager has reported to the City Council that the building and premises lo- cated on Lot 2 of 1-1-11 in Kelly's Sub-division known as 668 Uni- versity Avenue in the City of Du- buque, Dubuque County, Iowa, are dangerous to life and health be- cause of their condition and that demand has been made by him upon Mr. Robert A. Ring, 2834 In- diana Avenue, Dubuque, Iowa, and Mrs. Virginia C. Ring, 593 Arling- ton Street, Dubuque, Iowa, as own- ers of said property that the con- dition complained of be corrected and that said owners have failed to correct the conditions within the time provided by the notice; and, WHEREAS on June 7, 1971, the City Council set said report down for hearing at 7:30 o'clock P.M. I Central Daylight Time on June 28, 1971, in the City Council Chamber in the City Hall in the City of Du- buque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing; and, WHEREAS it appears by return of service now on file in the rec- ords of the City Council that no- tice of said hearing was given by serving by Registered Mail on June 11, 1971, and by publication in the Telegraph-Herald newspaper on June 11, 1971, and, WHEREAS pursuant to said no. tice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Dayligbt Time on June 28, 1971, in the City Coun- cil Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above de- scribed real estate were afforded an opportunity to be heard and witnesses concerning the condition of the property and the hazard was heard: and, WHEREAS the Council has duly considered the testimony of the I witnesses and viewed the premises I and has reached its determination. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the structure known as 668 University Avenue and located on Lot 2 of 1-1-11 in Kelly's Sub-division in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and declared to be dangerous to life, health and property and a nuisance; Section 2. That the City Manager be and he is hereby authorized and directed to cause the structure known as 668 University Avenue and located on Lot 2 of 1-1-11 in Kel1y's Sub-division in the City of Dubuque, Dubuque County, Iowa, to be dismantled and removed. Section 3. That upon completion of said work, the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shal1 thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and it shaH be collected with and in the same manner as general property taxes. Section 5. That the City Clerk and and is hereby directed to re- cord a certified copy of this Res- olution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Proof of Publication, certified to by the Publisher, also certified mail receipts of delivery, of notice of public hearing to Gail B. Wunderlich, to consider Manager's report stating that the buildings 262 Special Session, June 28, 1971 located on Lot 2 in Jansen's Sub. and known as 2313 Roosevelt St., are dangerous to life, bealth and property, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication and mail receipts be received and filed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Building Department issued a demolition permit on July I, 1971 011 the above structore. RESOLUTION NO. 176-71 WHEREAS the City Manager has reported to the City Council that the building and premises located on Lot 2 in Jansen's Sub- division, known as 2313 Roosevelt Street in the City of Dubuque, Duhuquc County, Iowa, are dan- gerous to life and health because of their condition and that de- mand has been made by him upon Gail B. Wunderlich, P.O. Box 248. Shady Cove, Oregon 97539 as own- er of said property that tbe condi- tion complained of be corrected and that said owner has failed to correct the conditions within the time provided by the notice; and, WHEREAS on June 7, 1971, the City Council set said report down for hearing at 7:30 o'clock P.M- Central Dayli~ht Time on June 28. 1971, in the City Council Chamber in the City Hall in the City of Dubuque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing; and WHEREAS it appears by return of service now on file in the rec- ords of the City Council that no- tice of said hearing was given by serving by Registered Mail on June 11, 1971, and by publication in the Telegraph Herald news- paper on June 11, 1971, and, WHEREAS pursuant to said no- tice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Daylight Time on June 28, 1971, in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at ,,-, which time the owner of the above described real estate was afforded an opportunity to be beard and witnesses concerning the oondi- tion of the property and hazard was heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the prem- ises and has reached its determina- tion. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That tbe structure known as 2313 Roosevelt Street and located on Lot 2 in Jansen's Subdivision in the City of Du- buque, Dubuque County, Iowa, be and the same are hereby found and declared to be dangerous to life, health and property and a nuisance; Section 2. That the City Man- ager be and he is hereby author- ized and directed to cause the structure known as 2313 Roosevelt Street and located on Lot 2 in Jansen's Subdivision in the City of Dubuque. Dubuque County, Iowa, to be dismantled and re- moved. Scotlon 3. That upon oomple- tion of said work, the City Man- ager shall certify the cost thereof to tbe City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shal1 thereupon certify said cost to tbe County Auditor of Dubuque Coun- ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section 5. That the City Clerk be and is hereby directed to re- cord a certified copy of this Res- olution in !be office of the County Recorder of Duhuque County, Iowa. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Special Session, June 28, 1971 263 Councilman Pregler m 0 v e d adoption of the resolution. Sec- oaded by Councilman Bitter. Car- ried by the following vote: Yeas-Mayor Couchman, Coon- eiJmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. June 17, 1971 Honorable Mayor and Council The City Planning and Zoning Commission has reviewed a final plat of Block 5 and Block 6 of "Thomas Farm Addition" in the City of Dubuque, Iowa. The Commission has found that this plan conforms to the prelimi- nary plat for this area and meets minimnm requiremeRts of the Sub- division Regulations. It is the recommendation of the Commission that the plat be approved as submitted. Respectfully submitted, City Planning and Zoning Commission Don Gilson City Planner Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Couchman, Coun- cil""", Bitter, Meyers, Molden- àaaer, Pregler. Nays-None. RESOLUTION NO. 177-71 BESOWTION APPROVING THE PLAT OF BLOCK 5 and BLOCK 6 of "THOMAS FARM ADDITION" IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 5and Block 6 of "Thomas Farm Addition" in the City of Dubuque, Iowa, by Richard' C. Henschel and Mildred C. Henschel; and WHEREAS, upon said plat ap- pear streets to be known as June Drive and Valentine Drive, to- geth.. 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 Commiasion and had its approval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been established, the streets brought to grade, or pav- ing, sewer or water instal1ed; NOW THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the dedications of June Drive and Valentine Drive together with the easements for public ntilities as the same appear upon said plat, be and the same are hereby accepted;' Section 2. That the plat of Block 5 and Block 6 of "Thomas Farm Addition: in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, exe- cute their written acceptance here- to attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface June Drive and Valentine Drive with bituminous concrete, or with con- crete paving with integral curb, al1 in accordance with City of Du- buque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans sub- mitted with the plat; c. To install water mains and water service laterals in accord- ance with plans submitted with the plat; d. To install storm sewers and catchbasins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engi- neer and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the in- spection of the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; Special Session, June 28, 1971 Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. 264 h. To provide the foregoing con- struction and maintenance at the sole expense of the Subdivider, Richard C. Henschel and Mildred L. Henschel, as owner; i. To construct said improve- ments, except sidewalks, prior to June 7, 1973, and to construct the sidewalks prior to June 7, 1975; and further provided that said Richard C. Henschel and Mildred L. Henschel, as owner of said Sub- division, secure the performance of the foregoing conditions by pro- viding security in such form and with such sureties as may be aC- ceptable to the City Manager. Section 3. That in the event Rich- ard C. Henschel and Mildred L. Henschel, shall fail to execute the acceptance and furnish the secur- I ity provided for in Section 2 here- of within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 28th day of June, A.D. 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph L. Bitter Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 177-71 We, the undersigned having read the terms and conditions of the foregoing Resolution No. .... and being familiar with the con- ditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this .......... day of ....................." 19....... TO: Leo F. Frommelt City Clerk This is to certify that the se- curity provided by the foregoing RESOLUTION NO. 177-71 has been furnished by the owners. Dated at Dubuque, Iowa, this ............."..... day of .............., 19....... """",,"""""""""""""""""""""""" City Manager June 11, 1971 To the Honorable Mayor and City Council I hereby submit the attached sheets No.1 to 2 inclusive showing a schedule of the proposed valua- tions and assessments for the City of Dubuque 1971 Concrete Curb and Gutter Project No. 1. Submitted June 21, 1971. John L. White, P. E. City Engineer Councilman Bitter moved that the communication be received and filed. Seconded by Mayor Couch- man. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 178.71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the attached sheets No.1 to 2 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1971 Concrete Curb and Gutter Project No.1 and the valuations set out therein are hereby approved. Adopted this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Special Session, June 28, 1971 265 RESOLUTION NO. 179.71 Preliminary approval of plans, specifications, form of contract, plats and all other documents for construction of CITY OF DU- BUQUE 1971 CONCRETE CURB AND GUTTER PROJECT NO.1, on the following named streets: 1. Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park; West to the Corporation Limits. 2. Central Avenue from the N.P.L. on Ninth Street to the S.P.L. of Fourth Street. 3. Dodge Street-Widening at in- tersection with Bryant Street. 4. Eighth Street Service Drive from the W.P.L. of Central to the al1ey west of Central Ave- nue. 5. Hamilton Street extension from the E.P.L. of Kerper Boulevard to the E.P.L. of Lot 1-2-1 of Block 5 of River Front Suh. No.3. 6. Locust Street from the N.P.L. of Fourth Street to the S.P.L. of Fifth Street on the East Side only, at an estimated cost of $162,566.39, presented and read. Councilman Bitter moved adoption of the reso- ~:~e~s. S~~~~~d b:Yth~Ofo~f~~:~ i vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. (Necessity for Improvement RESOLUTION NO. 180.71 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The Assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. lo each case the amount there- of which is estimated to be as- sessed against each lot, for the City of Dubuque 1971 Concrete Curb and Gutter Project No.1 on the fol1owing named streets: 1. Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park; West to the Corporation Limits. 2. Central Avenue from the N. P.L. of Ninth Street to the S.P.L. of Fourth Street. 3. Dodge Street-Widening at lotersection with Bryant Street. 4. Eighth Street Service Drive from the W.P.L. of Central to the Alley West of Central Avenue. 5. Hamilton Street extension from the E.P.L. of Kerper Boule- vard to the E.P.L. of Lot 1-2-1 of Block 5 of River Front Sub. No.3. 6. Locust Street from the N.P.L. of Fourth Street to the S.P.L. of Fifth Street on the East Side only. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- cial benefits conferred thereby, and any deficiency shall be paid out of the street fund, Bonds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been performed and accepted and the 266 Special Session, June 28, 1971 proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 28th day of June, 1971. Approved: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved ap- proval of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. (Fixing date of hearing) RESOLUTION No. 181-71 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 179-71 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1971 Concrete Curb and Gutter Project No.1 on the follow- ing named streets: 1. Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park; West to the Corporation Limits. 2- Central Avenue from the N.P. L. of Ninth Street to the S.P.L. of Fourth Street. 3. Dodge Street - Widening at intersection with Bryant Street. 4. Eighth Street Service Drive from the W.P.L. of Central to the alley west of Central Avenue. 5. Hamilton Street extension from the E.P.L. of Kerper Boule- vard to the E.P.L. of Lot 1-2-1 of Block 5 of lIiver Front Sub. No.3. 6. Locust Street from the N.P.L. of Fourth Street to the S.P.L. of Fifth Street on the East Side only, and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLVED that on the 2nd day of August, 1971, a public hearing wil1 be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundar- ies of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Ne- cessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor 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. ".ys - None. June 11, 1971 To the Honorable Mayor and City Council 1 hereby submit the attached sheets No.1 to 23 inclusive show- Special Session, June 28, 1971 '}ß1 iog a schedule of the proposed valuations and assessments for the City of Dubuque 1971 Asphalt Pav- ing Project No.1. Submitted June 21, 1971. John L. White, P.E. City Engineer Councilman Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried hy the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION No. 182.71 Be It resolved by the CIty Coun. cll of the City of Dubuque, Iowa: Ssctlon J. That the attached sheets No.1 to 23 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1971 Asphalt Paving Project No.1 and the valu- ations set out therein are hereby approved- Adopted this 28th day of June, 1971. Gaylord M. Couchman Mayor WaIter A. Pregler Wayne A. Moldenbauer 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 fol1owing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. RESOLUTION No. 183-71 Approval of Preliminary Esti- mate of plans, specifications, form of contract, plat and all other doc- uments for the construction of CITY OF DUBUQUE 1971 AS- PHALT PAVING PROJECT NO.1 on the following named streets: 1. Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park; West to the Corporation Limits. 2. Central Avenue from the N.P. L. of Ninth Street to the S.P.L. of Fourth Street. 3. Drexel Avenue from the N.P. L. of Van Buren Street to the S.P.L. of PennsYlvania Avenue. 4. Eagle Point Park - Roadway. 5. Eighth Street Service Drive from the W.P.L- of Central Avenue to the Alley West of Central Ave- nue. 6. Fairfax Avenue from the N.P. L. of Van Buren Street to the S.PL. of Pennsylvania Avenue. 7. Hamilton Street extension from the E.P.L. of Kerper Boule- vard to the E.P.L. of Lot 1-2-1 of Block 5 of River Front SUb. No.3. 8. Hickson Avenue from the W. P.L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. 9. Loras Blvd- from the W.P.L. of Walnut Street to the E.P.L. of University Avenue. 10. Marmora Avenue from the N.P.L. of Fairfax Avenue to the S.P.L. of Pennsylvania Avenue. 11. Wisconsin Avenue from the W.P.L. of Marmora Avenue to the S.P.L. of Pennsylvania Avenue. in an estimated amount of $417,- 999.94, presented and read. Coun- cilman Pregler moved adoption of the resolution. Seconded by Coun- cilman Moldenhauer. Carried by the fol1owing vnte: Yeas - Mayor Couchman, Conn- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. (Necessity for Improvement) RESOLUTION No. J84-71 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. and the size and kind of sewers- 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount there- of is estimated to be assessed 268 Special Session, June 28, 1971 against each lot, for the CITY OF DUBUQUE 1971 ASPHALT PAV- ING PROJECT NO.1 on the fol- lowing named streets: 1. Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park; West to the Corporation Limits. 2. Central Avenue from the N.P. L. of Ninth Street to the S.P.L. of Fourth Street. 3. Drexel Avenue from the N.P.L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. 4. Eagle Point Park - Roadway. 5. Eightb Street Service Drive from the W.P.L. of Central Avenue to the Alley West of Central Avenue. 6. Fairfax Avenue from the N.P. L. of Van Buren Street to the S.P. L. of Pennsylvania Avenue. 7. Hamilton Street extension from the E.P.L. of Kerper Boule- vard to the E.P.L. of Lot 1-2-1 of Block 5 of River Front Sub. No.3. 8. Hickson Avenue from the W. P.L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. 9. Loras Blvd. from the W.P.L. of Walnut Street to the E.P.L. of University Avenue. 10. Mamora Avenue from the N. P.L. of Fairfax Avenue to the S.P. L. of Pennsylvania Avenue. 11. Wisconsin Avenue from the W.P.L. of Marmora Avenue to the S.P.L. of Pennsylvania Avenue. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of pro- perty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned 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 proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment wil1 be assessed upon and against all privately owned pro- perty lying within assessable dis- tance provided by law and in an .,.~ amount not to exceed the amount provided by law, property wil1 be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shal1 be paid out of the street fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid for by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 28th day of June, 1971. Approved and placed on file for final action. Approved Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. (Fixing date of hearlnq) RESOLUTION No. 185-71 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 183-71 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the ofice of the City Clerk for public inspection, for the CITY OF DUBUQUE 1971 ASPHALT PAV- ING PROJECT NO.1 on the fol- lowing named streets: 1. Asbury Road from the W.P.L. of Lot 1-1-1 of Asbury Park; West to the Corporation Limits. 2. Central Avenue from the N.P. L. of Ninth Street to the S.P.L. of Fourth Street. 3. Drexel Avenue from the N.P. L. of Van Buren Street to the S.P. L. of Pennsylvania Avenue. Special Session, June 28, 1971 269 4. Eagle Point Park - Roadway. 5. Eighth Street Service Drive from the W.P.L. of Central Avenue to the AJIey West of Central Ave- nue. 6. Fairfax Avenue from the N.P. L. of Van Buren Street to the S.P. L. of Pennsylvana Avenue. 7. Hamilton Street extension from the E.P.L. of Kerper Boule- vard to the N.P.L. of Lot 1-2-1 of Block 5 of River Front Sub. No.3. 8. Hickson Avenue from the N- P.L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. 9. Loras Blvd. from the W.P.L. of Walnut Street to the E.P.L. of University Avenue. 10. Marmora Avenue from the N.P.L. of Fairfax Avenue to the s.P.L. of Pennsylvania Avenue. 11. Wisconsin Avenue from tbe W.P.L. of Marmora Avenue to the S.P.L. of Pennsylvania Avenue, and, WHEREAS. the proposed Reso- lution of Necessity for said im- provement has been introduced I and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 2nd day of August. 1971, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Dubuque at which time the own. ers of property subject to assess- ment for the proposed improve- ment may appear and make ob- jection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso- lution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- lished in the city of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its con- sideration and unless property owners at the time of final con. sideration of said resolution have on file with the Clerk objections thereto, at which hearing the Coun- 'I cil will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays - None. Attest: Leo F. Frommelt City Clerk June 11, 1971 To the Honorable Mayor and City Council I hereby submit the City of Du- buque 1971 Concrete Paving with Integral Curb Project No.1. Submitted June 21, 1971. John L. White, P. E. City Engineer Councilman Bitter moved that the communication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor Couchman, Coun- men Bitter, Meyers, Moldenhauer, Pregler. Nays-None. RESOLUTION NO. 186-71 Approval of Preliminary Esti- mate and proposed plans, specifi- cations, form of contract, plat and all other documents for construc- tion of CITY OF DUBUQUE 1971 CONCRETE PAVING WITH IN- TEGRAL CURB PROJECT NO. 1 on the following named streets: 1. Carnegie Stout Library - Bookmobile Drive Way. 2. Seventh Street from the W.P.L. of Central Avenue to the E.P.L. of Iowa Street, at an estimated cost of $17,958.93, presented and read. Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. 270 Special Session, June 28, 1971 (Necessity for Improvement) RESOLUTION NO. 187-71 WHEREAS, proposed plans, spe- cifications, form of contract, ptat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: I 1. The boundries of the district, if any. , 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. An estimate of the cost of the proposed improvement, stating the same for each dif- ferent type of eonstructton and kind of material to be used. CITY OF DUBUQUE 19'71 CON- CRETE PAVING WfTHlNTEGRAL CURB PROJECT NO.1 1. Carnegie Stout Publlc Library -Bookmobile Driveway 2. Seventh Street from the W.P.L. of Central Ave. to the E.P.L. of Iowa Street BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections, they shall be deemed to have waived all objec- tions thereto. Said improvements shall he con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. The above resolution was intro- duced, approved and 0 r d ere d placed on file with the City Clerk this 28th day of June, 1971. Approved and placed on file for final action. Approved. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. FrommeIt City Clerk Councilman Bitter moved ap- proval of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None. (Fixing date of hearing) RESOLUTION No. 188.71 WHEREAS, the City COuncil of the City of Dubuque, Iowa, has by Resolution No. 1811-71 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for pnblic inspection, for the City of Dubuque 1971 Concrete Paving with Integral Curb Project No- 1 on tbe following named streets: 1. Carnegie Stout Public Lihrary- Bookmobile Drive Way. 2. Seventh Street from the W.P. L. of Central Avenue to the E.P.L. of Iowa Street and, WHEREAS, the proposed Reao- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 2nd day of August 1971, a pnblic hearing will be held at 7:30 o'clock P.M. D.S.T. in the Conncil Chamber in the City of Dubnque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to ..use a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuqne, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day Special Session, June 28, 1971 271 fixed for its consideration and un- less property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of the proposed assessment, they shaIl have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 189.71 WHEREAS, the City of Dubuque has secured an easement from Ford Leasing Development Com- pany in connection with the in- stallation of an underground san- itary sewer; and WHEREAS, said Easement Agree- ment should be approved and de- livery thereof be accepted: NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section I. That Easement Agree- ment by and between Ford Leas- ing Development Company and ~,iti9~t Db~b~~~e,:w~~:t~: ~~::,~ I by approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said Easement Agreement for and on behalf of the City of Dubuque, Iowa and that delivery of Grant of Easement is herewith accepted. Section 3. That the City Clerk be and he is hereby authorized and directed to cause said Grant of Easement to be recorded in the office of the Dubuque County Re- corder. Passed, approved and adopted this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays-None- RESOLUTION NO. 190-71 A resolution approving change in priority placing Tenth Street first in the study of Topics Im- provement as considered and re- ported by Barton-Aschman Associ- ates lnc., in its report dated June 4, 1971 and directing the Manager to commeuce necessary proceed- ings, presented and read. Councilman Pregler moved that the resolution be referred to the Council meeting of August 2, 1971. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. June 22, 1971 The Honorable Mayor and City Council This is to advise you that the Town Clock Removal and Reloca- tion Project, has been completed in accordance with the plans, spec- ifications and verbal instructions by Walser Rapid Transit Co. lnc., of Dubuque, Iowa. Respectfully submitted, Gilbert D. ChaveneIle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Special Session, June 28, 1971 Special Session, June 28, 1971 FINAL ESTIMATE this 28th day of June, 1971. RESOLUTION NO. 191.71 Gaylord M. Couchman WHEREAS, the contract for the Mayor Town Clock Removal and Reloca- Walter A. Pregler tion Project has been completed Wayne A. Moldenhauer and the City Engineer has submit- Donald R. Meyers ted his final estimate showing the Joseph J. Bitter cost thereof inciuding the cost of Councilmen estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $23,737.94. That none of the cost thereof shall be assessable upon private property and $23,737.94 shall be paid from Private Donations. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen 273 272 be deemed to have waived all ob- jections thereto- Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the 1970 Storm Sewer Bond Issue. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 28th day of June, 1971. Approved and placed on file for final action. Approved: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen published in some newspaper pub- lished in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 193-71 Approval of preliminary plans, specifications, form of contract, plat and al1 other documents for construction of Oeth Court Storm Sewer System Extension, 1971, at an estimated cost of $7420.93, pre- sented and read. Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the fol1owing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. (Necessity for Improvement) RESOLUTION NO. 194-71 WHEREAS, proposed plans, spe- cifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the follow- ing: 1. An estimate of the cost of the proposed improvement for the Oeth Court Storm Sewer System Extension-1971. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the cost of improvement, they shall 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. Attest: Leo F. Frommelt City Clerk Councilman Bitter moved ap- proval of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. (Fixing Date of Hearing) RESOLUTION NO. 195-71 WHEREAS, the City Council of the City of Dubuque, Iowa has giv- en its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the Oeth Court Storm Sewer System Extension-1971. BE IT THEREFORE RESOLVED that on the 19th day of August, 1971, a public hearing will be held at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be RESOLUTION NO. 196-71 Approval of Preliminary Esti- mate, plans, specifications, form of contract, plat and all other docu- ments for the construction of West Third Street and Parkway Storm Sewer 1971, at an estimated cost of $8,095.34, presented and read. Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. (Necessity for Improvement) RESOLUTION NO. 197.71 WHEREAS, proposed plans, spe- cifications, and form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the fol1owing: (1) The plan of such improve- ment. (2) An estimate of the cost of the improvement for the West Third Street and Parkway Storm Sewer-1971. Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. (A Resolution Accepting Improvement) RESOLUTION NO. 192.71 WHEREAS, the contract for the Town Clock Removal and Reloca- tion Project has been completed and the City Manager has exam- ined the work and filed his certifi- cate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. Passed, adopted and approved "".",,--~-~ -- -- 274 Special Session, June 28, 1971 BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk, objections to the amount of the cost of the improve- ment, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement to be paid from 1969 Storm Sewer Bond Issue and Fin- ley Hospital Development Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 28th day of June, 1971. Approved and placed on file for final action. Approved: Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter COuncilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. (Fixing Date of Hearing) RESOLUTION NO. 198-71 WHEREAS, the City COuncil of the City of Dubuque, Iowa has giv- en its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the West Third Street and Parkway Storm Sewer-1971. BE IT THEREFORE RESOLVED that on the 19th day of August, 1971, a public hearing will be held at 7:30 P.M. in the Council Cham- ,.. '" .. ber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fi1:ed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction of the aforementioned im- provement. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 199.71 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Dennis A. Althaus, 1575 Central Avenue Bishop Buffet, Kennedy Mall William Baum, 1121 University Avenue Robert Beidler, 1122 Dodge Street Cock n' Bull, 2245 J. F. Kennedy Road Creslanes Bowling, Inc., 255 S. Main Street Patrick Chew, 665 Dodge Street William F. Dunne, 54 Locust Street Dubuque Yacht Basin, 1630 East 16th Street Special Session, June 28, 1971 275 D. A. V. Club, 2600 Dodge Plaza 20 Elks Club, 7th & Locust Street Mrs. Adele Fens, 210 West 1st Street Marco Giunta, 2022 Central Avenue Harry Gantert, 1301 Rhomberg Avenue William Hancock, 2205 Carter Road Arsenius Hanson, 107 LOCtISt Street John Herbst, 90 S. Locust Street John F. Hall, 2616 Windsor Avenue Donald Kies, 2620 University Avenue K.Mart, 2600 Dodge Street Catherine Lester, 1322 Central Avenue Thelma Lenstra, 410 West 8th Street James Lindecker, 305 Asbury Street Howard F. McCauley, 2195 Central Avenue Herman Meyers, 2600 Dodge Street Plaza 20 Shirley Mihalakis, 574 East 16th Street National Tea Company, 2013 Central Avenue National Tea Company, Kennedy Mall Osco Drug, Inc., 703 Main Street Joseph Polfer, 2612 Dodge Street Pusateri Bros., Inc_, 2600 Dodge Street Randall's Foodarama, 2600 Dodge Street Plaza 20 Louis A. Ring, 1185 Dodge Street lIichard J. lIing, 115 West 11th Street Mr. Steak, 2600 Dodge Street Plaza 20 Sears Roebuck &. Company, 300 S. Locust Street Sfikas Buffet, 928 Main Street Shike Richardson Motor, Inc., 1475 J. F. Kennedy Road Francis J. Shanahan, 2501 Rhomberg Avenue George Sorensen, 1105 University Avenue Lawrence Schwartz, 500 Rhomberg Avenue Jerry L. Udelboven, 1897 Clarke Drive Martin & Esther Westerfield, 2175 Central Avenue Martin & Esther Westerfield, 280 Locust Street Patrick Zaimes, 2600 Dodge Street Plaza 20 Donald C. Brimeyer, 1100 Lincoln Avenue Clark Super 100, 1005 Dodge Street Florence E. Chalder, 113 Main Street Lester & Marie Eichhorn, 1725 Delhi LaVerne Hennen, Asbury & Kennedy Road Harry Kopple, 1098 University Avenue Ernest Kretz, 21st & Central Avenue Merchants Hotel, 304 Main Street Nabors of Iowa, Inc., 1920 Elm Street Frank Schwind, 2297 University Avenue Douglas L. SchUckman, 1450 Loras Blvd. Paul W. Schollmeyer, 176 Locnst Street Earl Schumacher, 22nd &. Central Avenue Earl Schumacher, 2850 Burlington Street Leone Tarry, 1091 White Street Robert E. Cahill, 402 Locust Street Victoria Ellis, 120 West 4th Street John F. Glynn, 760 East 18th Street Lorraine Gordon, 2327 Central Avenue Grandview Avenue Drug Store, 498 N. Grandview Avenue Clara L. Johnson, 1543 Central Avenue Holiday Oil Distr., Inc., 1401 Central Avenue Holiday Oil Distr., Inc., 400 Rhomberg Avenue Holiday Oil Distr., Inc., 605 Dodge Street Holiday Oil Distr., Inc., 980 Dodge Street Loras College, 1450 Alta Vista John E. Noel, 2400 Central Avenue Gerald E. Miller, 2417 Rhomberg Avenue Vada Jean Nease, 400 Central Avenue Karl H. Oleson, 1701 Asbury Street Thomas J. Remy, 3355 Pennsylvania Avneue Mrs. George Scherer, 1187 Iowa Street Carl Van Duelman, 590 Clarke Drive Eileen Wunder, 1046 Central Avenue Chuck N. Wong, 378 Main Street Apartment 5-A Lounge, 555 Kennedy Mall Robert L. Becker, 2418 Central Avenue 276 Special Session, June 28, 1971 Melville E. Donovan, 1876 Central Avenue Dungeon, Ltd., 3rd & Locust Street Donald Erne, 535 Hill Street Eagles Club, 175 Century Drive Cyril Fries, 201 East 22nd Street John Henry, 1646 Asbury Street Iowa Commission for the Blind, Post Office Building Robert J. Kehl, 62 Locust Street Marcella McCarty, 2093 Washington Street Jeanann Majerus, 253 Main Street John C. Neumeister, 729 Lincoln Avenue Charles Nesteby, 32nd & Central Avenue Betty Patrum, 555 Kennedy Mall Roshek Brothers Co., '555 Kennedy Mall Donald Sands, 2364 Washington Street H. W. Shetler, 1902 Central Avenue John L. Savary, 827 Dodge Street Stampfers Department Store, 8th & Main Street Charles J. Spielman, 2401 Windsor Avenue F. W. Woolworth Compnay, 55 Kennedy Mall Knights of Columbus, 781 Locust Street George K. Arvanitis, 1958 Central Avenue Beecher Oil Company, 2399 White Street Beecher Oil Company, 1691 Asbury Street Mrs. Alice Erschen, 2617 University Avenue Fischer Bowling Lanes, 880 Locust Street Carl Herburger, 2987 Jackson Street Milton Fink, 3175 Central Avenue Leone Rose Friedman, 620 East 16th Street Elizabeth M. Krajnovich, 481 Locust Street Theodore G. Kanavas, 1689 Elm Street Lil' Giant Food Store, 1101 Rhomberg Avenue Lil' Giant Food Store, 2644 Pennsylvania Avenue E. J. McNamara, 1050 University Avenue Montgomery Ward & Co., 555 J. F. Kennedy Road Catherine M. Meyer, 503 East 22nd Street Office Grill, 7-B Fischer Building Melvin A. Spiegelhalter, 1029 Main Street Walgreen Drug Store, 555 J. F. Kennedy Mal1 Frank C. Weiland, 3198 Central Avenue Helen Weiner, 709 University Avenue Don E. Wertz, 1545 S. Grandview Avenue Clyde L. Bradley, 3275 Central Avenue Rrammers, Inc., 1306 Delhi Mrs. Marian Bridge, 2038 Central Avenue Richard J. Hantelmann, 902 Main Street Kennedy Mall Cinema, Inc., 555 J. F. Kennedy Kenneth Jerome Love, 802 Central Avenue Frank J. & Phyllis Licciardi, 504 Bluff Street Gene Kopp, 951 Main Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 28th day of June, 1971. Gavlord M. Couchman Mayor WaIter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. FrommeIt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 200-71 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Theodore G. Kanavas, 1689 Elm Street Special Session, June 28, 1971 m Elizabeth Krajnovich, 481 Locust Street Melvin A. Spiegelhalter, 1029 Main Street Eileen Wunder, 1046 Central Avenue Donald T. Sand, 2364 Washington Street Arthur Pins, 2699 J. F. Kennedy Road Edward A. Bailey, 1298 Main Street Catherine M. Meyer, 530 East 22nd Street Helen Weiner, 709 University Avenue John L. Savary, 827 Dodge Street Vada Jean Nease, 400 Central Avenue Fraternal Order of Eagles #588, 1175 Century Drive CLASS "C" BEER PERMIT Robert L. Becker, 2418 Central Avenue John F. Thompson, 3301 Pennsylvania Avenue John F. Thompson, 250 West 1st Street Welsh Enterprises, Inc., 620 S. Grandview Avenue Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 201.71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Theodore G. Kanavas, 1689 Elm Street Ellazbeth Krajnovich, 481 Locust Street Melvin A. Spiegelhalter, 1029 Main Street Eileen Wunder, 1048 Central Avenue Donald T. Sand, 2364 Washington Street Arthur Pins, 2699 J. F. Kennedy Road Edward A. Bailey, 1298 Main Street Catherine M. Meyer, 530 East 22nd Street Helen Weiner, 709 University Avenue John L. Savary, 827 Dodge Street Vada Jean Nease, 400 Central Avenue Fraternal Order of Eagles #588, 1175 Century Drive CLASS !'C" BEER PERMIT Robert L. Becker, 2418 Central Avenue John F. Thompson, 3301 Pennsylvania Avenue John F. Thompson, 250 West 1st Street Welsh Enterprises, Inc., 620 S. Grandview Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap. Dlicants be and the same are here- by approved. Passed, adopted and approved this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pre?ler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Coucbman, Coun- cilmen Bitter, Meyers, Mo!den- hauer, Pregler. Nays-None. RESOLUTION NO. 202.71 WHEREAS, applications for Liq- uor permits have been submitted 278 Special Session, June 28, 1971 to this Council for approval and the same have been examined, NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123--as amended by the 60th General AssemblY, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Mrs. Colleen Wallace, 241 Main Street Edward A. Bailey, 1298 Main Street Aristo Foods of Iowa, Inc., 1111 Dodge Street Ramona Fettgather, 1103 Iowa Street Harry N. Ganter!, 1301 Rhomberg Avenue Arthur W. Pins, 2699 J. F. Kennedy Road Riverside Bowl, Inc., 1860 Hawthorne Street Donald T. Sand, 2364 Washington Street John L. Savary, 827 Dodge Street Paul Schollmeyer, 176 Locust Street Eileen Wunder, 1046 Central Avenue Michael F. Pusateri, 2560 Dodge Street Creslanes Bowling, Inc., 255 S. Main Street Elizabeth M. Kra novich, 481 Locust Street Lorraine Gordon, 2327 Central Avenue Helen Weiner, 709 University Avenue Vada Jean Nease, .00 Central Avenue Alice H. Erschen, 2617 University Avenue Florence Herburger, 2987 Jackson Street Fischer & Company, Inc., 880 Locust Street Passed, adopted and approved this 28th day of June, 1971. Gaylord 14. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. RESOLUTION NO. 203-71 WHEREAS, applications for Liq- oro Permits were filed by the with- in named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Mrs. Colleen Wal1ace, 241 Main Edward A- Bailey, 1298 Main Street Aristo Foods of Iowa, 111 Dodge Street Ramona Fettgather, 1103 Iowa Street Harry N. Ganter!, 1301 Rhomberg Avenue Arthur W. Pins, 2699 1. F. Kennedy Road Riverside Bowl, Ine.. 1860 Hawthorne Street Donald T. Sand, 2364 Washington Street John L. Savary, 827 Dodge Street Paul Schollmeyer, 176 Locust Street Eileen Wunder, 1046 Central Avenue Michael F. Pusateri, 2560 Dodge Street Creslanes Bowling, Inc., 255 S. Main Street Elizabeth M. Krajnovich, 481 Locust Street Lorraine Gordon, 2327 Central Avenue Helen Weiner, 709 University Avenue Vada Jean Nease, 400 Central Avenue Alice H. Erschen, 2617 University Avenue Special Session, June 28, 1971 Florence Herburger, 2987 Jackson Street Fischer & Company, Inc., 880 Locust Street Passed, approved and adopted this 28th day of June, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen 279 Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden hauer, Pregler. Nays-None. There being no further business Councilman Bitter moved to ad- journ. Seconded by Mayor Couch- man. Carried by the fol1owing vote: Yeas - Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays-None. Leo F. Frommelt City Clerk Approved ....................................1971 Adopted ......................................1971 """""""""""""""""""""""""""""" ............................................................ Councilmen Attest: """"ciïÿ'ci~~k""""""""""'"