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1971 August Council ProceedingsRegular Session, August 2, 1971 315 CITY COUNCIL OFFICIAL Regular Session, August 2, 1971. Council met at 7:30 p.m. (O.S.T.) Present — Mayor Couchman, Councilmen Bitter, Meyers, Mold - enhauer, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING called for the purpose of acting upon such business as may prop- erly come before the meeting. Mayor Couchman presented the following named persons to fill ex- pired terms on commissions; Paul J. Frommelt on the Recreation Commission for a three year term to 7/5/74; Mrs. Saul Greenstein on the Library Board for a six year term to 7/1/77 and Donald I. Toom for a three year term on the Advisory Commission to 6/1/74. Councilman Pregler moved ratifi- cation of the appointments. Sec- onded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. July 27, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a re- quest to have property with front- age of 160' on Asbury Road and extending in depth 246' to Dana Drive, in the City of Dubuque, Iowa, included in Article Iv, Sec- tion 2 (h) of the Zoning Ordinance. This property lies west of the new A. & P. Store. The Commission found that the request was contrary to an agree- ment reached with the property owner at the meeting of Septem- ber 16, 1970, that no further re- zoning would be considered for this area. It is the recommendation of the Planning and Zoning Commission that the proposal not be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coon. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. July 27, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a re- quest to reclassify the following described property from Local Business "A" to Local Business "B ": Lot 2-1 -1 of Sub of Lots 1 and 2 of Sub of 1 of 3 of 10 and Lot 1 of 2 of 3 of Lot 11 in Kniest Subdivision. This property is located at 405 East 21st Street in the City of Dubuque, Iowa. The Commission found that the request was not consistent with the proposed Zoning Map as de- veloped for this area. It is the recommendation of the Planning and Zoning Commission that the proposal not be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. July 27, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed a re- quest to reclassify the following described properties from Multiple Residence classification to Local Business "A "; Lot 2 of 3 of City Lot 674, located at 105 West 17th Street; Lot 1 of 2 of City Lot 674, 316 Regular Session, August 2, 1971 located at 175 West 17th Street; and the West 65' of Lot 1 of 1 of City Lot 674 and the East 11'5" of Lot 1 of 1 of City Lot 674, located at 195 West 17th Street, all in the City of Dubuque, Iowa. The Commission found that the request was basically the same as the proposal which they consid- ered at the meeting of June 16th, 1971. It was the opinion of the Commission that the circumstances were unchanged and the recom- mendation made at that time re- presents their best judgement, that commercial zoning for this area would be contrary to the General Development Plan of the City of Dubuque, Iowa. It is the recommendation of the Planning and Zoning Commission that the classification of these properties remain Multiple Resi- dence. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Mrs. Richard Pluym addressed the Council along with her attor- ney Martin Hill pleading her case as to keeping her figurine shop open at W. 17th Street. Mr. Mart- in Hill argued that if the rezoning is not granted Mrs. Pluym would be put out of business. He sees no valid reason for the denial. Councilman Pregler moved to overrule the recommendation of the Planning & Zoning Commis Sion. The motion died for lack of a second. Mayor Couchman moved that the communication be re referred to the Planning & Zoning Commission. Seconded by Council man Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun cilmen Bitter, Meyers, Molden haver, Pregler. Nays — None. July 27, 1971 3norable Mayor and Council Members The City Planning and Zoning ,ommission has held a public fearing on a proposal to classify is Single Family Residence pro- perty described as: Lots 635 thru 643 in North Du. buque Addition in the City of Dubuque, Iowa. This property consists of 1.329 acres. The Commission found that clas- sification of this property as Single Family Residence is con- sistent with the planning for this area. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation and same be referred to the City Soli- citor for proper proceedings. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. July 29, 1971 To the Honorable Mayor and Members of the City Council; This is to advise that I have ap- proved the following policy, and desire to have your approval on same. Comprehensive Liability Tschiggfrie Excavating, Etal. Bituminous Casualty Corp. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved for filing approval of the policy Sub- ject to approval of the City Attor- ney. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Coachman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. July 16, 1971 To the Honorable Mayor and City Council Your staff has requested that an engineering contract be executed with the firms of Henningson, Durham & Richardson, Inc. and Regular Session, August 2, 1971 317 Cullen - Schlitz & Associates Engin eering Company for engineering services for Solid Waste Disposa Facilities. Please find enclosed copies o: Mr. Cletus Allen's request and the contract of Henningson, Durban & Richardson, Inc. and Cullen Schlitz & Associates Engineering Company. We are submitting this to yet at this time for your review of said contract so that at the Coun cil meeting of August 2, 1971 we would obtain your decision. It is my recommendation that the said contract be executed and request that your Honorable body grant the City Manager the au- thority to sign said contract. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap. proval of the recommendation. Seconded by Mayor Coachman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays —None. Mr. Paul Bolton of H. D. & R. addressed the Council by stating that the first deadline in the pro- posed land fill project should be next Spring, possibly April or May. sistent with the planning for this area. It is the recommendation of the Planning and Zoning Commission that this proposal be approved. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation. Seconded by Mayor Coachman. Carried by the following vote: Yeas — Mayor Coachman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays — None. ORDINANCE NO. 35.71 An Ordinance Zoning and Clas. sifying Recently Annexed Terri- tory to the City of Dubuque, Iowa, as a "Single Family Real. dence District" Classification which Real Estate is hereinafter described (area north of Burden Ave.), presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. July 27, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has held a public hearing on a proposal to classify as Single Family Residence pro- perty described as follows: The North 70' of Lot 170 of Belmont Addition, the North 70' of Lot 169 of Belmont Addition, Lot 1 of George Nigg's Subdi. vision, the West 13' of Lot 7 of Fischer's Subdivision, Lot 8 of Fischer's Subdivision, Lot 9 of Fischer's Subdivision, Lot 10 of Fischer's Subdivision, and Lot 2 of Bowden Place, Julien Town- ship, in the City of Dubuque, Iowa. This property consists of 3.2 acres of land and lies north of Davis Avenue. The Commission found that classification of this property as Single Family Residence is con- Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays —None. Councilman Meyers moved that a public hearing be held on the Ordinance on September 7, 1971, at 7:30 P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded V Councilman Pregler. Carried by .he following vote: Yeas — Mayor Couchman, Coun- :ihnen Bitter, Meyers, Moldenhau- w, Pregler. Nays —None. 318 Regular Session, August 2, 1971 ORDINANCE NO. 36-71 An Ordinance Amending Ordi- nance No. 3349 known as the "Traffic Code of Dubuque, Iowa' as amended by enacting a new subsection b of Section 3 of Schedule 1 thereof to require traffic to move westerly on West Fifth Street from Central Avenue to Bluff Street, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. ORDINANCE NO. 36-71 ORDINANCE NO. 37 -71 Designating and naming por` tions of Certain Rights-of-Way 'Town Clock Plaza ", presented and road. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. ORDINANCE No. 37 -71 DESIGNATING AND NAMING POR- TIONS OF CERTAIN RIGHTS -OF- WAY "TOWN CLOCK PLAZA" WHEREAS, under date of July 26, 1 %7, Me City of Dubuque and Me United States of America entered into a Loan and Capital Grant Contract Urban Renewall Protect, owe n R 15n and DA NOW OF THE Section Schedule I thereat as mllows: "Schedule 1 3. Traffic shall move westerly only: b. on al Bluff Street' Passed, approved and adopted this tad day M August 19]1. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer D onald oseph J. BI Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in The Tele- graph-Herald Newspaper this Sin day of August 191. Leo F. Frommelt lt. 9/5 City Clerk. Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays —None. Regular Session, August 2, 1971 319 11 Ir r r ,I r 1 n ,, n. ZAXIe1T'A' - - TOWN CLOC9 PLAZA - - PXASE I b r FE �� a • SEL'E:aTH if £ BIrrH SiREE7 N Y y v L a m Y I FIFTH I FOURTH STREET w' ' AU 5 STRECT AulluPn IW Officially In The TslgraPM1NaraW ew N pa thb sM day of 1t. Ns 1171 CIIy CY1 keAf BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SECTION 1. That the Area referred to as the Pedestrianway and as here - inafter described and as delineated on Exhibit 'A" attached hereto and made a part hereof, be and Me same Is hereby and it shall hereafter be known and called "Town Clock Plaza." 320 Regular Sessio August 2, 1971 Regular Session, August 2, 1971 321 Passed, a pproved r oved and adopted this 3n Gaylord M. Couchman MAYOR Walter A. Pregler Wayne A. M❑Idenhauer Donaltl R. Meyers Joseph J. Bitter COUNCILMEN ATTEST: Lea F. F Cit Published oNiCially in The T d ay graph- s rald N this 5th day Leo F. Frommelt City Clerk. 1t. s/5 Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas —Mayor Couchman, COU n- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays.- -None. July 30, 1971 To The Honorable Mayor and City Council I submit for your consideration an ordinance modifying the Plumb- ing Ordinance by permitting "Ser- vice Weight' soil pipe within buildings. It is my understanding that this modification has been approved by the Plumbing Board. Also, at- tached is the approving letter from the Chairman of the Code Revision Committee. I recommend that the Ordinance be adopted. Respectfully, Gilbert D. Chavenelle City Manager Councilman Bitter 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. ORDINANCE NO. 38.71 An Ordinance amending plumb Ing Ordinance No. 48.70 by re- pealing Section 33, Subsection (E), and enacting a new Section 33, Subsection (E). in lieu there. of, to permit use of cast iron soil pipe of "service weight," presented and read. Councilman Bitter moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, 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, Moldenhau- er, Pregler. Nays —None. ORDINANCE NO. 38-71 33 on M (E) Ia. 48-78 of �a, referred K and Me and o new thereof be Passed, adopted, and annroved this 2nd day of A❑guat, 1971. Gaylord M. Coachman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter ATTEST: L p F. a Fk mmelt Published officially in The Tele- g}aRlh Heral Herald Newspaper this 5th day Leo F. Frommelt 1t. 8/5 City Clerk. Councilman Bitter moved final adoption of the Ordinance. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays —None. July 29, 1971 Honorable Mayor and City Council We have attached and are re- submitting for your consideration the application of certain property owners for the partial vacation of a dead end alley north of West Third Street near Finley Hospital. It is our recommendation this section of the alley be vacated and deeded to the abutting property owners at no charge in considera- tion of the following agreement with Finley Hospital. 1. Finley Hospital agrees to con- tribute the sum of four thousand , five hundred dollars ($4,5 toward the reconstruction of the Third and Parkway Storm Sewer (Total Cost Estimate $6,973.10). 2. Finley Hospital agrees to pay all .closing costs on the alley in- cluding the cost of platting and publication. The Ordinance vacating said al- ley is also attached for your re- view and action. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor COucdn118n moved approv- al of the recommendation. Second- ed by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. ORDINANCE NO. 39.71 Ordinance vacating a part of public alley lying between Lot 1 of Lot 1, Finley Nome Addition, owned by the Finley Hospital, and Lots 24, 25, 26, 27, 28, 29, 30, and 31, of the Finley Nome .Addition in the City of Dubuque, Iowa, presented and read. Mayor Couchman moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Bitter. Car. ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Mayor Couchman moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Mayor Couchman moved that a public hearing be held on the Or- dinance on September 7, 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 Bitter. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Petition of John J. Kohnen et al dated October 6, 1970 and June 14, 1971, requesting the installa- tion of a sanitary sewer in the ditch in the John F. Kennedy Road, Presented and read. Mr. John J. Kohnen. and Mr. Ju- lius Bonz addressed the Council by stating that they want the sew- er constructed in J. F. K. Road, but that it be placed in the street and not behind their properties. They felt that they should not be obliged to pay an additional sum because some of the people along J. F. K. prefer construction of the sewer behind their properties. Communication of City Engineer White indicating that private lat- eral connection costs with the sew. er in the ditchline would be defi- nitely greater for each property owner than if the sewer were in the back yards, the accessibility for maintenance and economy of con- struction dictate the sewer should be installed in the street right of way, presented and read. Council- man Pregler moved that the com- munication 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. Councilman Pregler moved that the Kohnen petitions be referred to the City Engineer to bring back to the Council. Seconded by Coun- cilmen Bitter. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Petition of St. Anthony Messen- ger requesting permission to so- licit magazine subscriptions, pre- sented and read. Councilman Preg- 322 Regular Session, Augus 4 1971 Regular S ession, August 2, 1971 323 ler moved approval of the petition. Seconded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Petition of Dubuque County Fair Association, requesting Mayor Couchman to declare the week of August 17 to 22 as Dubuque Coun- ty Fair Week, presented and read. Councilman Pregler moved approv- al of the petition. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas — Mayor Coachman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. RESOLUTION No. 23671 ACCEPTING DELIVERY OF DEEDS FOR THE DOWNTOWN URBAN RENEWAL PROJECT, 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 undertaking of the Downtown Urban Renewal 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 implementing and facilitating the Downtown Ur- ban 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 DU- BUQUE, IOWA: Section 1. That delivery of deeds to the City of Dubuque for the following described parcel of real estate in the Downtown Urban Re- newal Project, Iowas R -15, is here- by ratified and accepted by the City of Dubuque. GRANTOR, Pauline A. Jewell and William Jewell, Deed dated July 9, 1971. Recorded in Book 206, Page 219. PROPERTY DESCRIPTION, North 10 feet 6 inches of Lot 18, and the South 11 feet 6 inches of Lot 19 in the City of Dubuque, Iowa, according to the United States Commissioners' Map thereof (Parcel 115). Section 2. That the recording of the respective deeds of conveyance of title in the office of the Record- er in and for Dubuque County, Iowa, is hereby ratified. Section 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Re- solution in the Office of the Re- corder in and for Dubuque Coun- ty, Iowa. Passed, approved, and adopted this 2nd day of August, 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. Proof of publication, certified to by the Publisher, of legal notice of hearing to consider execution of proposed agreements for the purchase of real estate in Down- town Urban Renewal to Thomas F. Leibold, presented and read. No written objections were filed and no oral objectors were pre- sent at the time set for the pub- lic hearing. Councilman Bitter moved that the proof of publication be receiv- ed and filed. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Coachman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 231.71 AUTHORIZING THE EXECUTION OF A CONTRACT FOR SALE OF LAND FOR PRIVATE RE- DEVELOPMENT WITH THOMAS F. I OLD WHEREAS, pursuant to Resolu- tion No. 166-71 dated June 28, 1971 and a Notice of Public Hear- ing published in the Telegraph - Herald, a newspaper of general circulation in the City of Dubu- que, Iowa, on July 6, 1971 and July 13, 1971, City Council met on the 2nd day of August, 1971 at 7:30 o'clock P.M. Central Day light Time, in the City Counci Chambers, City Hall, Dubuque Iowa, to consider the proposal ti dispose of the interest of the Cit3 of Dubuque to Reuse Parcel 2 -; in the Downtown Urban Renewal Project, Iowa R -15, to Thomas Lei bold; and WHEREAS, pursuant to said resolution a copy of the Redevelo. per's Statement for Public Dis. closure and a copy of the pro- posed form of Contract for Sale of Land for Private Redevelopment was placed on file in the office of the City Clerk for public inspec- tion; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral and written, to the proposal to dispose of said interest of the City of Dubuque in the above described real estate to Thomas F. Leibold; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized to enter into a Contract for Sale of Land and Private Re- development in accordance with the terms of the Disposition Docu- ments governing such sale with Thomas F. Leibold for the real estate known as Reuse Parcel 3 of Block 2 in the Downtown Urban Renewal Project, Iowa R -15, con- taining 22,922.335 square feet, subject to survey, and legally de- scribed as Lot 1 of Block 4 in Du- buque Plaza, in the City of Dubu- que, Iowa. Section 2. That said parcel of real estate shall be sold for $2.50 per square foot or a total price of $57,305.84 subject to final survey of the land to be conveyed. Passed, approved, and adopted this 2nd day of August, 1971. Gaylord M. Coachman 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. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider execu. tion of proposed agreements for the purchase of real estate in Downtown Urban Renewal area to Renier Piano & Organ Company Inc., presented and read. No written objections were filed and no oral objectors were pre- sent in the Council Chamber at the time set for the public hear- ing. Councilman Bitter 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. RESOLUTION No. 232.71 AUTHORIZING THE EXECUTION OF A CONTRACT FOR SALE OF LAND FOR PRIVATE RE. DEVELOPMENT WITH RENTER PIANO & ORGAN COMPANY, INC. WHEREAS, pursuant to Resolu- tion No. 165 -71 dated June 28, 1971 and a Notice of Public Hear- ing published in the Telegraph Herald, a newspaper of general circulation in the City of Dubuque, Iowa, on July 6, 1971 and July 13, 1971, City Council met on the 2nd day of August, 1971 at 7:30 o'clock P.M. Central Daylight Time, in the City Council Chambers, City Hall, Dubuque, Iowa, to consider the pro- posal to dispose of the interest of the City of Dubuque of Reuse Par- cel 2 -1 in the Downtown Urban Re- newal Project, Iowa R-15, to Be- Pier Piano & Organ Company, Inc; and WHEREAS, pursuant to said re- solution a copy of the Redevelo- per's Statement for Public Disclo- mre and a copy of the proposed form of Contract for Sale of Land 'or Private Redevelopment were 3aced on file in the office of the 7ity Clerk for public inspection; and WHEREAS, the City Council of )ubuque, Iowa, overruled any and 324 Regular Session, August 2, 1971 all objections, oral and written, to the proposal to dispose of said interest of the City of Dubuque in the above described real estate to Renier Piano & Organ Company, Inc.; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to enter into a Contract for Sale of Land for Private Redevelopment in ac. cordance with the terms of the Disposition Documents governing such sale with Renier Piano & Or- gan Company, Inc. for the real es- tate known as Lot 2 of Block 5 in Dubuque Downtown Plaza also known as Disposition Parcel 1 of Block 2 in the Downtown Urban Renewal Project, Iowa R -15, con- taining 16,531.3 square feet more or less, subject to survey. Section 2. That said parcel of real estate shall be sold for $2.50 per square foot for a total price of $41,328.25 subject to final survey of the land to be conveyed. Passed, approved, and adopted this 2nd day of August, 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. July 28, 1971 Honorable Mayor and Members of the City Council On February 2, 1970, your ho norable body passed Resolution 24 70. authorizing your City Manages to file an application to the Federa Government for Assistance Fund, for Water Works Improvement under the Housing and Urban Re newal Act of 1965. We have received the applies tion and the necessary informatim is requested has been completed. :t is my recommendation that I )e authorized to sign the applies - ion to aid in financing of the Wa- :er Improvement and the Assu- rance of Compliance with the De- partment of Housing and Urban Renewal. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. U.S. Department of Housing and Urban Development RESOLUTION OF GOVERNING BODY OF APPLICANT RESOLUTION No. 233-71 Project No. WS- Iowa -99 Resolution authorizing filing of application with the Department of Housing and Urban Development, United States of America, for a grant under P.L. 89 -117. WHEREAS, pursuant to P.L. 89- 117 the United States of America has authorized the making of grants to public bodies to aid in financing the construction of basic water and sewer projects: Now Therefore, Be It Resolved By City Council, City of Dubuque, Iowa 1. That Gilbert D. Chavenelle, City Manager, be and he is hereby authorized to execute and file an application on behalf of City of Dubuque, Iowa with the De- partment of Housing and Urban Development, United States Go- vernment, for a grant to aid in financing the construction of 12 inch, 16 inch, and 20 inch dia- meter feeder main and the mo- dernization and centralization of the water works system. and an assurance of compliance with the Department of Housing and Urban Development regulations under Title VI of the Civil Rights Act of 1964. 2. That Gilbert D. Chavenelle, City Manager be and he is hereby authorized and directed to fur- nish such information as the De- partment of Housing and Ur- ban Development may reason- ably request in connection with Regular Session, August 2, 1971 325 the application which is herein authorized to be filed. CERTIFICATE OF RECORDING OFFICER The undersigned duly qualified and acting City Clerk of the City of Dubuque, Iowa does hereby cer- tify: that the attached resolution is a true and correct copy of the resolution, authorizing the filing Of application with the Depart- Councilman Pregler moved ap- ment of Housing and Urban De- Proval of the request. Seconded by velopment, as regularly adopted Mayor Couchman. Carried by the at a legally convened meeting of following vote: the City Council, City of Dubuque, Yeas — Mayor Couchman, Coun. Iowa duly held on the 2nd day of cilmen Bitter, Meyers, Molden- August, 1971; and further that hauer, Pregler. such resolution has been fully re- Nays — None. corded in the journal of proceed- ings and records in my office. U.S. Department of Housing and In Witness Whereof, I have here- Urban Development unto set my hand this 3rd day of RESOLUTION OF GOVERNING August, 1971. BODY OF APPLICANT Leo F. Frommelt RESOLUTION NO. 234-71 City Clerk Project No. WS -Iowa 99 "A" City of Dubuque, Iowa Resolution authorizing filing of application with the Department Councilman Moldenhauer moved of Housing and Urban Develop - adoption of the resolution. Second- ment, United States of America, ed by Councilman Pregler. Carried for a grant under P.L. 89 -117. by the following vote: WHEREAS, pursuant to P.L. 89- Yeas ,Mayor Couchman, Coun- 117 the United States of America cilmen Bitter, Meyers, Molden- has authorized the making of hauer, Pregler. grants to public bodies to aid in fi- Nays —None. nancing the construction of basic water and sewer projects: Now Therefore, Be It Resolved by City Council, City of Dubuque, Iowa. I. That Gilbert D. Chavenelle, City Manager, be and he is hereby authorized to execute and file an application on behalf of City of Dubuque, Iowa with the Depart- ment of Housing and Urban Devel- opment, United States Government, for a grant to aid in financing the construction of 1971 Sanitary Inter- ceptor Sewer Project —No. 1, and an assurance of compliance with the Department of Housing and Ur- ban Development regulations un- der Title VI of the Civil Rights Act of 1964. 2. That Gilbert D. Chavenelle, City Manager, be and he is hereby authorized and directed to furnish such information as the Depart- ment of Housing and Urban Devel- opment may reasonably request in connection with the application which is herein authorized to be filed. August2, 1971 To the Honorable Mayor and City Council We are herewith submitting for your consideration a resolution au- thorizing the filing of an applica- tion with the Department of Hous- ing and Urban Development for a grant under Public Law 89 -117 for the construction of two sani. tary sewers. Through this applica- tion we are requesting a 50% con- struction grant for the project costs involved in each sewer. An application for the Center Grove Valley Sanitary Interceptor Sewer and the South Dubuque Sa- nitary Interceptor Sewer was filed on December 29, 1970 with the En- vironmental Protection Agency for grant on the construction of these sewers. After detailed review, this agency denied the request for the grant. We have been informed that these sewers would be eligible for construction under the cur- rent program of HUD. We are requesting favorable ac- tion be taken on this authorization to allow us to proceed with the fil. ing of the necessary application documents in anticipation of a pos- sible construction grant under this Federal Program. Respectfully submitted, Gilbert D. Chavenelle City Manager 326 Regular Session, August 2, 1971 Certificate of Recording Officer The undersigned duly qualified and acting City Clerk of the City of Dubuque, Iowa does hereby cer- tify: that the attached resolution is a true and correct copy of the res- olution, authorizing the filing of application with the Department of Housing and Urban Development, as regularly adopted at a legally convened meeting of the City Coun- cil, City of Dubuque, Iowa duly held on the 2nd day of August, 1971; and further that such reso- lution has been fully recorded in the journal of proceedings and records in my office. In Witness Whereof, I have here- unto set my hand this 3rd day of August, 1971. Leo F. Frommelt City Clerk City of Dubuque Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays —None. Proof of Publication, certified to by the Publisher, of Resolution of Necessity for Public Improvements and hearing upon proposed plans and specifications, form of con- tract and cost of improvements for construction of CITY OF DUBU- QUE 1971 CONCRETE CURB & 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. of 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 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. 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- houer, Pregler. Nays — None. Statement of City Clerk certify- ing that notices of public hearing were mailed by certified mail on July 2, 1971, to property owners of record subject to assessment for construction of City of Dubu- que 1971 Concrete Curb & Gutter project No. 1, presented and read Councilman Meyers moved that the statement 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. Petition of Eska Company ob- jecting to the proposed City of Du- buque 1971 Concrete Curb & Gut- ter Project No. 1 abutting Lot 3 of 1 of Block 5 in River Front Sub. No. 3 as same will not benefit them, presented and read. Coun- cilman Meyers moved that the pe- tition be received and filed. Se- conded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, MOlden- hauer, Pregler. Nays — None. Attorney Allen Carew represent- ing Eska Company stated that his client will not be benefitted by the installation of curb & gutter in front of their property. Councilman Meyers moved that all objections to 1971 Concrete Curb & Gutter project No. 1 be overruled. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, COnn- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 238.71 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1971 Con- crete Curb and Gutter Project No. 1 have been approved by the City Council of the City of Dubuque Regular Session, August 2, 1971 327 and public notice given as pro- vided by Chapter 23 of the Code of Iow,a 1971, pertaining to pub- lic contracts and bonds, and the time and place fixed for the hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 2nd day of August, 1971; and WHEREAS, the City Council met in regular session this 2nd day of August, 1971, at 7:30 o'clock P.M. at the Council Cham- bers in the City Hall for the pur- pose of hearing all interested par- ties and considering any and all objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested par- ties have been given opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. (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 Du- buque 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. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1971 Concrete Curb and Gutter Project No. 1. 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 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. 328 Regu Session, August 2, 1971 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 prop erty lying within assessable dis- tance 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 ac- cording to area and in proportion to the special 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 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 assess- ment 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. Record of Final Adoption The foregoing resolution was finaly passed and adopted, as pro- posed, by the City Council this 2nd day of August 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 final adoption of the resolution. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. (Ordering Construction) RESOLUTION NO. 239 -71 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 180-71 which was duly passed by this Council, for the construction of City of Du- buque 1971 Concrete Curb and Gutter Project No. 1. 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 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 and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the Rut Funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of Street Improvement bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is Regular Session, August 2, 1971 329 hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 2nd day of August, 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. Secnoded 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 pendency of Resolution of neces- sity for public improvements and hearing upon proposed plans and and cost of improvements for the construction of CITY OF DUBU- QUE 1971 ASPHALT PAVING PROJECT NO. 1, presented and read. I. ASBURY ROAD - from the W.P.L. of Lot 1 -1 -1 of Asbury Park; West to the Corporation Li- mits. 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 - Road- way. 5. EIGHTH STREET SERVICE DRIVE - from the W.P.L. of Cen- tral 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 EXTEN- SION - from the E.P.L. of Kerper Boulevard to the E.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 BOULEVARD - 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. Councilman Meyers moved that the proof of publication be re- cevied 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. Statement of City Clerk certify- ing that notices of public hearing were mailed by certified mail on July 2, 1971 to property owners of record subject to assessment for construction of City of Dubuque 1971 Asphalt Paving Project No. 1, presented and read. Councilman Meyers moved that the statement 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. Petition of Mrs. Bob Kueter re- questing the inclusion of widening Asbury road for the benefit of the school children attending Re- surrection school presented and read. Councilman Meyers moved that the petition 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. Petition of Resurrection Parish Council urging approval of im- provement of Asbury Road for the benefit of the students at Re- surrection School presented and read. Councilman Meyers moved that the petition be received and E s , 4. 330 Regular Session, A 4 1 971 filed. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Coachman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Wm. J. Daack et ux requesting that sidewalks be in- stalled along Asbury Road to Re- surrection School for the benefit of the Resurrection school child- ren, presented and read. Council- man Meyers moved that petition be received and filed. Seconded by Mayor Couchman. Carried by the following vote. Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays —. None. Petition of Gordon Naumann et ux requesting consideration for the widening of Asbury Road to the City limits for the safety of the children attending Resurrec- tion School, presented and read. Councilman Meyers moved that the petition be received and filed. Seconded by Mayor Couchman. Carried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Petition of John G. Cullen, as a Trustee of Resurrection Parish, re- questing strong consideration of the grading and widening of As- bury Road west to the City Lim- its, presented and read. Council- man Meyers moved that the peti- tion be received and filed. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Petition of D. L. Hellmann et al (405 signatures) strongly urging improvement of Asbury Road past Resurrection Church and School to the City Limits, presented and read. Councilman Meyers moved that the petition be received and filed. Seconded by Mayor Couch- man. Carried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Petition of John Bleilie et al (40 signers) objecting to the pro- posed paving with asphalt of Hick- son Street, Fairfax Street, Mar - mora Street and Wisconsin Street because it would become a finan- cial burden and a potential haz- ard as a race track, presented and read. Councilman Meyers moved that the petition be received and filed. Seconded by Mayor Couch- man. Carried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Petition of Thomas C. Flynn et al (36 signatures) requesting de- ferment of resurfacing of Hickson Street because it is not necessary at this time presented and read. Councilman Meyers moved that the petition be received and filed. Seconded by Mayor Couchman. Carried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Petition of Eska Company ob- jecting to the proposed paving with asphalt of Hamilton Street because it is a dead end street and that Eska has its own access di- rect from Kerper Blvd. and no benefit will be derived therefrom, presented and read. Attorney carew again addressed the Council objecting to the pro- posed paving in behalf of his client the Eska Company. Councilman Meyers moved that the petition be received and filed. Seconded by Mavor Couchman. Carried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Petition of Herb E. Gourley et al (56 signatures) objecting to the proposed asphalt paving of Drexel Street as it is not necessary, pre- sented and read. Councilman Mey- ers moved that the petition be re- ceived and filed. Seconded by Ma- yor Couchman. Carried by the fol- lowing vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Regular Session, August 2, 1971 331 Petition of Otto Donath object ing to the proposed asphalt pay ing of Marmora Street that sai( street is not in such repair as t( require complete resurfacing, thx said street could be patched ant the small amount of use of the street, presented and read. Coun cilman Meyers moved that the pe tition be received and filed. See onded by Mayor Couchman. Car ried by the following vote: Yeas —Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau er, Pregler. Nays —None. Mr. Ernest Keller of 1686 Wis- consin, Mrs. Pins, 1568 Fairfax, Tom Davis, 1673 Hickson, Mr. Be- makel, 1675 Drexell all objected to the proposed paving of streets in Lenox Addition. Councilman Pregler moved that Drexel Ave., Fairfax Ave., Hick- son Ave., Marmora Ave., and Wis- consin Ave. be deleted from the City of Dubuque 1971 Asphalt Pav- ing Project No. 1. Seconded by Councilman Bitter. Carried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Mr. Phil Langas, 1105 Loras, Mrs. Weydert, 1410 N. Grandview, Frank Moreland, 1419 Loras, Ray Wittstock, 1110 Loras, Wilbert Fransen, 1047 Leras, all voiced ob- jections to the proposed paving of Loras Blvd. RESOLUTION No. 240-71 RESOLUTION AMENDING RESOLUTION No. 184-71 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- DUQUE, IOWA: Section 1. That Resolution No. 18471, being the Resolution of Necessity for the City of Dubuque 1971 Asphalt Paving Project No. 1, be and the same is hereby amended by deleting the following Portions of the following named streets therefrom: Drexel Avenue from the N.P.L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. Fairfax Avenue from the N.P.L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. Hickson Avenue from the N.P.L. of Van Buren Street to the S.P.L. of Pennsylvania Avenue. Marmora Avenue from the N.P.L. of Fairfax Avenue to the S.P.L. of Pennsylvania Avenue. Wisconsin Avenue from the W.P.L. of Marmora Avenue to the S.P.L. of Pennsylvania Avenue. Passed, adopted, and approved this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitters Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays — None. Decision of Council upon ob- jections to plans, specifications, form of contract and cost of improvements RESOLUTION No. 241.71 WHEREAS, proposed plans and specifications and form of contract for the CITY OF DUBUQUE 1971 ASPHALT PAVING PROJECT NO. 1 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. Eagle Point Park - Roadway. 4. Eighth Street Service Drive from the W.P.L. of Central Avenue to the Alley West of Central Ave- nue. 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. Loras Blvd. from the W.P.L. )f Walnut Street to the E.P.L. of University Avenue. iave been approved by the City :ouncil of Dubuque and public iotice given as provided by Chap- ter 23 of the Code of Iowa, 1971, )ertaining to public contracts and )onds, and the time and place fixed for the hearing of all object- ''p pI F 3 Regular Session, August 2, 1971 ions to said plans, specifications or contract for or cost of such im- provements, said time being this 2nd day of August, 1971; and WHEREAS, the City Council met in regular session this 2nd day of August, 1971, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent re- cord in connection with said im- provement. Passed, adopted, and approved this 2nd day of August, 1971. Gaylord M. Couchman Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk 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 he 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. In each case the - amount thereof which is estimated to be assessed against each lot,. for the City of Dubuque 1971 Asphalt Paving Project No. 1. 1. Asbury Road from the W.P.L. o f 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. DE- LETED. 4. Eagle Point Park - Roadway. 5. Eighth Street Service Drive from the W.P.L. of Central Ave- nue 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. DELETED. 7. Hamilton Street extension from the E.P.L. of Kerper Boule- vard to the E.P.L. of Lot 14-1 of Block 5 of River Front Sub. No. 3. 8. Hickson Avenue from the N.P.L. of Van Buren Street to the Councilman Bitter moved adop- S P L of Pennsylvania Avenue. lion 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. 184.71 WHEREAS, proposed plans, spe- cifications, form of contract, plat DELETED. 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. DELETED. 11. Wisconsin Avenue from the W.P.L. of Marmora Avenue to the S.P.L. of Pennsylvania Avenue. DELETED. Session, August 2, 1971 333 BE IT THEREFORE RESOLVEI 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 proper ty 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 prop- erty lying within assessable dis- tance 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 ac- cording to area and in proportion to the special 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 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 assess- ment 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. Record of Final Adoption The foregoing resolution was finally passed and adopted as amended by the City Council this 2nd day of August, 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 final adoption of the resolution. Sec - onded by Councilman Bitter. Car- ried by the following vote: Yeas -Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays -None. (Ordering Construction) RESOLUTION No. 242.71 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu- tion of necessity No. 18471 which was duly passed by this Council, for the construction of City of Du- buque 1971 Asphalt Paving Pro- ject No. 1 I. 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. Eagle Point Park - Roadway. 4. Eighth Street Service Drive from the W.P.L. of Central Ave- nue 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. Loras Blvd. from the W.P.L. of Walnut Street to the E.P.L. of University Avenue. be and the same are hereby order- ed and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con. structed in accordance with the plans and specifications heretofore adopted and now on file in the of- fice of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid )ut of the funds of the city. Pay. ment will be made to the contrac- :or out of funds realized from the gale of Street Improvement bonds :o be issued in anticipation of de- 'erred payments of assessments as 334 Regular Session, Augus 2, 197 provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con. struction of the various improve- ments herein provided for in the manned provided by law, the said improvements shall be completed on or before 60 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted, and approved this 2nd day August, 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 Moldenhauen 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 Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for con- struction of CITY OF DUBUQUE 1971 CONCRETE PAVING WITH INTEGRAL CURB PROJECT NO. 1 1. Carnegie Stout Public Library Bookmobile Driveway. 2. Seventh Street from W.P.L. of Central Ave. to the E.P.L. of Iowa Street, presented and read. No written objections were filed and no oral objectors were pre- sent at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re ceived and filed. Seconded by Me yor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hauer, Pregler. Nays — None. Decision of Council upon objec. tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 243.71 WHEREAS, proposed plans and specifications and form of con- tract for the City of Dubuque 1971 Concrete Paving with Integral Curb Project No. 1. 1. Carnegie Stout Public Libra- ry- Bookmobile Driveway. 2. Seventh Street from the W. P.L. of Central Ave. to the E.P.L. of Iowa Street. Have been approved by the City Council of the City of Dubuque and public notice given as pro- vided by Chapter 23 of the Code of Iowa, 1971 pertaining to pub lie contracts and bonds, and the time and place fixed for the hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 2nd day of August, 1971; and WHEREAS, the City Council met in regular session this 2nd day of August, 1971, at 7:30 o'clock P.M. at the Council Cham- bers in the City Hall for the pur- Pose of hearing all interested par- ties and considering any and all objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested par- ties have been given an opportun- ity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the Regular Sessio Augu 2, 197 335 decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im. provement. Passed, adopted and approved this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. (Necessity for Improvement) RESOLUTION No. 187.71 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 are now on file in the office of the City Clerk showing among oth- er things the following: 1. The boundaries of the dis- trict, 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 different type of construction and kind of material to be used. CITY OF DUBUQUE 1971 CON- CRETE PAVING WITH INTEGRAL CURB PROJECT NO. 1 I. Carnegie Stout Public 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 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. The above resolution was intro- duced, approved and ordered placd on file with the City Clerk this 28th day of June, 1971. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop. tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. (Ordering Construction) RESOLUTION No, 24471 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a re- solution of necessity No. 187 -71 which was duly passed by this Council, for the construction of City of Dubuque 1971 Concrete Paving with Integral Curb Pro- ject No. 1 I. Carnegie Stout Public Library- Bookmobile Driveway 2. Seventh Street from the W.P.L. of Central Ave. to the E.P.L. of Iowa Street. be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of Property owners. All the work shall be constructed with the plans 336 Regular Session, August 2, 1971 and specifications heretofore adop- ted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that payment will be made to the contractor out of BUT and Library Funds after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 days to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate neces- sity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted, and approved this 2nd day August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Bitter left his place at the Council table at 11:30 P.M. RESOLUTION No. 190-71 WHEREAS, Barton - Aschman As- sociates, Inc. has prepared study of Topics Improvement -Tenth Street; and WHEREAS, said study concludes that it is apparent that a change in priority relating to Tenth Street is warranted placing same in first priority: NOW, THEREF BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. That the change in priority placing Tenth Street first in the study of Topics Improve- ment as considered and reported by Barton - Aschman Associates, Inc. in its report dated June 4, 1971 be and the same is hereby approved. Section 2. That the City Manager be and he is hereby authorized and empowered to commence the necessary proceedings to imple- ment such study by way of ne- gotiating for rights -of -way and se- curing state and federal financial assistance under Topics Program, and such other steps as are neces- sary and incidental thereto and to that end the City Manager shall make periodic report to its City Council of his progress in con- nection therewith. Passed, approved, and adopted this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Couchman moved adop- tion of the Resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Pregler. Nays — Councilman Molden- hauer. Absent — Councilman Bitter. Proof of Publication, certified to by the Publisher, and receipt for certified mail of John & Be- verly Glynn of notice of public hearing to consider Manager's re- port as to the condition of the buildings at 690 E. 16th Street located on E% of Lot 355 in East Dubuque Addn., presented and read. No written objections were filed and no oral objectors were pre- sent in the Council Chamber at the time set for the public hear- ing. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Session, August 2, 1971 337 RESOLUTION No. 235.71 WHEREAS the City Manager has reported to the City Council that the building and premises lo. cated on the East % of Lot 355 in East Dubuque Addition, known as 690 East 16th Street in the City of Dubuque, Dubuque County, Io. wa, are dangerous to life and health because of the condition and that demand has been made by him upon John and Beverly Glynn, 155 Croydon Crest, Du- buque, Iowa, as owners of said Property that the condition com- plained of be corrected and that said owner has failed to correct the conditions within the time provided by the notice; and, WHEREAS on July 6, 1971, the City Council set said report down for hearing at 7:30 o'clock P.M. Central Daylight Time on August 2, 1971, in the City Council Cham- ber in the City Hall in the City of Dubuque, Dubuque County, Io- wa, and directed the City Clerk to give notice of said hearing; and, WHEREAS it appears by return of service now on file in the re- cords of the City Council that no- tice of said hearing was given by serving by Registered Mail on July 8, 1971, and by publication in the Telegraph Herald newspa- per on July 9, 1971, and, W HEREAS 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 August 2, 1971, in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above described real estate were afforded an opportunity to he 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 pre- mises and has reached its deter. mination. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structure known as 690 East 16th Street and located on the East Ufa of Lot 355 in East Dubuque Addition in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and declared to be dan- gerous 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 struc- ture known as 690 East 16th Street and located on the East Ufa of Lot 355 in East Dubuque Ad- dition in the City of Dubuque, Du- buque County, Iowa, to be dis- mantled 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 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 re- cord a certified copy of this Re- solution in the ofice of the County Recorder of Dubuque County, Iowa. Passed, adopted, and approved this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F, Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays —None. Absent — Councilman Bitter. Proof of Publication, certified to by the Publisher, of Notice of hearing on resolution of Neces- sity, upon proposed plans, specifi- cations, form of contract for con- struction of 1971 Traffic Signal and Street Lighting Project, pre- sented and read. No written objections were filed and no oral objectors were pre- sent in the Council Chamber at the time set for the public hear- ing. Councilman Meyers moved that the proof of publication be re- 338 Regular Session, August 2 1971 ceived and filed. Seconded by Ma- yor Coachman. Carried by the fol- lowing vote: Yeas — Mayor Coachman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. (Necessity for Improvement) RESOLUTION No. 22471 WHEREAS, proposed plans, specifications, and form of con- tract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among oth- er things the following: (1) The plan of such improve- ment (2) An estimate of the cost of the improvement for the 1971 Traffic Signal and Street Lighting Project. 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 resolution have on file with the City Clerk, objections to the amount of the cost of the im- provement, they shall be deemed to have waived all objections there- to. 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 will be paid from the Road Use Tax Fund and Utilities Fund. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk thisl9th day of July, 1971. RECORD OF FINAL ADOPTION The foregoing resolution was fi. nally passed and adopted, as pro posed, by the City Council this 2nd day of August 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauei Donald R. Meyers 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 Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. (Ordering Construction) RESOLUTION No. 23671 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA that pursuant to a Resolution of Necessity No. 224 71 which was duly passed by this Council for the improvement of 1971 TRAFFIC SIGNAL AND STREET LIGHTING PROJECT Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own- ers. All work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improvement be paid from the Road Use Tax Fund and Utilities Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the Receipt of pro- posals for the construction of 1971 Regular Session, August 2, 1971 339 Traffic Signal and street fightin€ project, presented and read. Coun cilman Pregler moved that the proof of publication be receim and filed. Seconded by Council man Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun cilmen Meyers, Moldenhauer, Preg. ler. Nays — None. Absent — Councilman Bitter. July 30, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00 A.M. - D.S.T., Friday 30 July, 1971 for the 1971 TRAFFIC SIGNAL AND STREET LIGHT- ING PROJECT. Three (3) proposals were receiv- ed on the project. The low bid was submitted by Moldt Electric Ser- vice Inc. Their low bid was 24. 38% below engineers estimate. I recommend that the contract for the improvement be awarded to the Moldt Electric Service Inc. of Dubuque, Iowa. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. (Awarding Contract) RESOLUTION No. 237.71 WHEREAS, sealed proposals have been submitted by contrac- tors for the 1971 TRAFFIC SIGNAL AND STREET LIGHTING PROJECT pursuant to Resolution No. 221 -71 and notice to bidders published in a newspaper published in said City on July 20, 1971 and July 27, 1971; and WHEREAS, said sealed propo- sals were opened and read on 30 July, 1971, and it has been deter- mined that the bid of Moldt Elec- tric Service Inc. of 2565 Front Street, Dubuque, Iowa in the amount of $42,931.10 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 Moldt Electric Service, Inc. 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 perfor. mance 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 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Coucbman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter RESOLUTION No. 245.71 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 with the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette papers within said City. Robert P. Kelly & Ronald T. Amundson, 1091 Main Street. BE IT FURTHER RESOLVED that the bonds filed with the ap. plication be approved. Passed, adopted and approved this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk 340 Regular Sess ion, August 2, 1971 �ff Regular Session, August 2, 1971 341 Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. RESOLUTION No. 24671 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 Ramona Fettgather, 1103 Iowa Street Creslanes Bowling, Inc., 255 South Main Street Riverside Bowl, Inc., 1860 Haw - theme Street Donna M. Ginter, 342 Main Street CLASS "C" BEER PERMIT The Great Atlantic & Pacific Tea Co., Inc., 3333 Asbury Road Passed, adopted and approved this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays –. None. Absent — Councilman Bitter. RESOLUTION No. 247 -71 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to is- sue to the following named appli- cants a Beer Permit. CLASS "B" BEER PERMIT Ramona Fettgather, 1103 Iowa Street Creslanes Bowling, Inc., 255 South Main Street Riverside Bowl, Inc., 1860 Haw- thorne Street Donna M. Ginter, 342 Main Street CLASS "C" BEER PERMIT The Great Atlantic & Pacific Tea., Inc., 3333 Asbury Road BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are here- by approved. Passed, adopted and approved this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. RESOLUTION No. 248.71 WHEREAS, applications for Li- quor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT — CHAPTER 123—as amended by the 62nd General Assembly, 1967. CLASS "C" COMMERCIAL ESTABLISHMENT Marco Giunta, 2022 Central Ave- nue Pete S. Sfikas and Gust Karigan, 401 -405 Central Avenue Melvin A. Spiegelhalter, 1029% Main Street Donna M. Ginter, 342 Main Street American Veterans of World War #2 Korea, Post #3, 36 West 4th Street Passed, adopted and approved this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg. ler. Nays — None. Absent — Councilman Bitter. P.ESOLUT.ON No. 249 -71 WHEREAS, applications for Li- quor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor Permit. CLASS 'C" COMMERCIAL ESTABLI_ HMENT Marco Giunta, 2022 Central Ave- nue Pete S. Sfikas and Gust Karigan, 401 -405 Central Avenue Melvin A. Spiegelhalter, 1029% Main Street Donna M. Ginter, 342 Main Street American Veterans of World War #2 Korea, Post #3, 36 West 4th Street Passed, adopted and approved this 2nd day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg. ler. Nays — None. Absent — Councilman Bitter. There being no further business upon motion Mayor Couchman moved to adjourn. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Leo F. Frommelt City Clerk Approved ... ............................... 197.. Adopted ....... ............................... 197.. Attest: City Clerk 342 Special Session, August 9, 1971 CITY COUNCIL OFFICIAL Special Session, August 9, 1971. Council met at 7:30 P.M. (D.S.T.) Present — Mayor Couchman, Councilmen Bitter, Meyers, MCI- denhauer, Pregler. City Manager Gilbert 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 conducting a public hearing on the REZONING OF A PORTION OF HARDT PLACE, and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Low -Rent Housing Commission submitting minutes of their meeting of July 20, 1971, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by CouncilmanBit- ter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Mayor Couchman submitted the names of Mary C. Fleming and Florence M. Hennig for re- appoint- ment to the Low -Rent Housing Commission to August 17, 1973. Councilman Pregler moved ratifi- cation of the appointments. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. RESOLUTION No. 251.71 CONFIRMING THE REAPPOINT- MENT OF MEMBERS OF THE LOW -RENT HOUSING COM- MISSION OF THE CITY OF DUBUQUE, IOWA WHEREAS, on the 17th day of August, 1970, the City Council 01 the City of Dubuque, Iowa, adop- ted Resolution No. 24470, electing to exercise the powers contained in Chapter 403A of the Iowa Code of 1966, as amended, by the Cit} Council of the City of Dubuque Iowa, and by said City Counci: through a Board of Commissioner: to the extent of the authority granted said Board by said City Council; and WHEREAS, the Mayor of the City of Dubuque, pursuant to said Resolution No. 24470 and to Re- solution No. 36 -71 appointed the original Board of Cimmissioners for the Low -Rent Housing Com- mission of the City of Dubuque; and WHEREAS, it is deemed in the best interest of the City of Du- buque to reappoint for an addition- al term of office, certain said Commissioners whose terms expire August 16, 1971; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the action of the Mayor of the City of Dubuque, Iowa, in reappointing Mary C. Fleming, to August 17, 1973 Florence M. Hennig, to August 17, 1973 as Commissioners of the Low -Rent Housing Commission of the City of Dubuque, Iowa, is hereby ap- proved and the reappointment of each and every one of said Com- missioners is hereby confirmed by this City Council for the period respectively designated in the Cer- tificate of Appointment of Com- missioners now on file in the of- fice of the City Clerk. Passed, approved and adopted this 9th day of August, 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 — Mayon Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of Lions Club recommending that the Council aid the blind in any way possible to secure a place to begin a re- creational and training program Special Session, August 9, 1971 343 presented and read. Mayor Couch- man moved that the communica- tion be received and filed. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of the Women of the Moose being in full accord with the wishes of the Dubuque Assn. of the Blind in their de- sire to obtain the Naval Reserve Building, presented and read. Ma- yor Couchman 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. Communication of WaTanYe Assn. indicating their unanimous support for the Dubuque Assn. of the Blind in their request to use the Naval Reserve Building as a meeting place and a haven for the sightless, presented and read. Mayor Couchman 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. Communication of the Ladies Auxiliary of World War No. 1 registering support for the Du- buque Assn. of the Blind to have space in the Naval Reserve Build- ing, presented and read. Mayor Couchman moved that the com- munication 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. Councilman Moldenhauer moved that the rules be suspended in or- der to let anyone present address the Council if they so desire. Se- conded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Mr. Don Gagne, as a represents- tive of the Blind, addressed the Council by stating that the Blind lose their citizenship and request- ed help to restore it. He hoped that the Council would have an open mind in the disposition of the Navy building when it comes to a choice between the Recrea- tion Commission and the Blind. Communication of Dubuque Assn. of the Blind submitting co- pies of correspondence, originals of which were sent to the Chicago Northwestern Railroad Co., re- questing some type of installation of bell warning system at the railroad crossings for the benefit of the Blind, presented and read. Councilman Pregler moved that the commuinication be received and filed and referred to the City Manager and City Solicitor for in- vestigation. Seconded by Council- man Bitter. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of Gloria Ring objecting to the laxity of enforce- ment of the Zoning Ordinance by allowing Mrs. Pluym to operate her place of business in direct violation in her particular Dis- trict Zoning Classification, pre- sented and read. Councilman Preg- les 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. Proof of Publication, certified to by the Publisher, of Statement of Receipts and Disbursments and list of claims for the month of June 1971, presented and read. 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. Notice of Claim of Federated Insurance in behalf of John & Alice Duccini of 2615 Kerper 344 Special Session, Aug ust 9, 1971 Special Session, August 9, 1971 345 Blvd., in an undetermined amount, for property damage incurred as the result of a backed -up sewer on May 30, 1971, presented and read. Councilman Meyers moved that the notice of claim be re- ferred to the City Solicitor for investigation and report. Se- conded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Notice of Claim of Family Beer Store, in the amount of $15.00, for delivery truck damage in- curred as the result of striking an open excavation at 1320 Tomahawk Drive on August 5, 1971, present- ed and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Second- ed by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. July 28, 1971 Hon. Mayor and City Council On October 5, 1971, Lucille W. Becker of 1131 Main, Apt. 4, this city, filed claim against the City of Dubuque in the amount of $600.00 for injuries allegedly suf- fered on September 16, 1970 as the result of an alleged fall in the crosswalk at 7th and Bluff Streets and claimant alleging a broken left arm and forehead and cheek bruises as the result of said fall. This matter was referred to this writer, who has made an investi- gation thereof and have reviewed the medical bills and conferred with claimant, who has made an offer of settlement of this claim in the amount of $400.00 and it is the recommendation of the City Attorney that said offer of settle- ment be accepted and that the City Auditor be instructed to draw a warrant payable to Lucille W. Becker in the amount of $400.00 B transmit the same to the City Attorney for delivery upon receipt of duly executed releases. Original claim is returned here- with. Your very truly, R.N. Russo City Attorney Councilman Meyers 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. July 29, 1971 Hon. Mayor and City Council On February 25, 1970, Jane Ann Connolly of 780 Alpine Street, this city, filed claim against the City of Dubuque for personal injuries she allegedly suffered on Feb- ruary 4, 1970 in a fall on the street at or near 780 Alpine Street and claiming accumulated ice and snow thereat. I have conferred with the clai- mant and have investigated this matter and it is the opinion of the City Attorney's office that there is no liability on the part of the City as the claimant, by her own admission and information, was crossing the street at a place ot- her than the crosswalk, and ac- cordingly, it is recommended that said claim be denied. Original claim is returned here- with returned. Your very truly, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Se- conded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Coucbman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Public hearing to amend Zoning Ordinance No. 3-34 so as to change 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 Wild wood Drive, thence easterly along the south line of Hardt Place a distance of three hundred and se- venty five feet (375') thence north to the south right of way line of West Thirty Second Street, thence southwesterly along the south right of way line of West Thirty Second Street to the east right of way line of Wildwood Drive, thence southerly along the east right of way line of Wildwood Drive, to the point of beginning in the City of Dubuque, Iowa, from Single Family Residence Dis- trict Classification to Multiple Re- sidence District Classification, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for public hearing. Mayor Couchman moved that the proof of publication 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. ORDINANCE No. 3471 An Ordinance Amending and Changing Ordinance No. 3 -34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque Iowa" so as to change certain property herein- after described from "Single Family Residence District" clas- sification to "Multiple Resi- dence District" Classification, said Ordinance having been pre- viously presented and read at the Council meeting of July 19, 1971, presented for Final Adoption. ORDINANCE No. 3471 AN ORDINANCE AMENDING AND CHANGING ORDINANCE No. 3-3 KNOWN AS THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA" SO AS TO CHANGE CERTAIN PROPERTY HEREINAFTER DESCRIBED FROM SINGLE FAMILY RESIDENCE DISTRICT" CLASSIFICATION TO M U L T I P L E RESIDENCE D I S- TRICT" CLASSIFICATION DAINE T D BY R THE C E CITY COUNCIL I O O F NA THE CITY OF DUBUQUE, Setlloa 1. That Ordinance No. 3-31 known as me Zoning Map and Zon- ing Ordinance of the City of Dubuque, Iowa" be and me same is her amended by changing from 'single Family Residence District' ❑assi- fication to Multiple Residence Dis- iricY' classification the following de- scribed real estate, to-wit: Section Amendment Proved by Commission Iowa. Passed, approved and adopted this 9th day of August, A.D., 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter ATTEST: Councilmen Leo F. Frommelt City Clerk Published officially in The Telegraph - Herald Newspaper this 12M day of August 1971. Leo F. Frommelt it. 9172 City Clerk. Councilman Meyers moved final adoption of the Ordinance. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Honorable Mayor July 27, 1971 and Council Members The City Planning and Zoning Commission has held a public hearing on a proposal to reclas- sify the following described pro. perties lying adjacent to Mercy Medical Center in the City of Du- buque, Iowa. Lot 2 of Lot 2 of Langworthy Place, a subdivision of Lot 1 of Lot 3 of Lot I 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 732; except the southerly 100 feet thereof; Lot 1 of Lot 2 of Lot 1 of City Lot 732; Lot I 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 Augusta Street; Vacated Peabody Street; Vacated portion of James Street lying south of Langworthy Ave. nue; The vacated alley in Agnes Langworthy's Subdivision of Mi- 346 Special Session, A 9, 1971 neral Lot 71, be included in Ar- ticle IV, Section 2(h) of the Zoning Ordinance of the City of Dubuque, Iowa. 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, be reclas- sified from Two Family Residence classification to Multiple Resi- dence classification and included in Article IV, Section 2(h) of the Zoning Ordinance of the City of Dubuque, .Iowa. The Commission found that this proposal is consistent with the pro- posed Zoning Ordinance. It is the recommendation of the Planning and Zoning Commission that the proposal be adopted. Respectfully submitted, City Planning and Zoning Commission Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation. Se- conded by Mayor Couchman. Car. ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 40-71 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3 -34 KNOWN AS THE "ZO- NING MAP AND ZONING OR- DINANCE OF THE CITY OF DUBUQUE IOWA" SO AS TO CHANGE CERTAIN PROPERTY HEREINAFTER D E S C R I B ED FROM "TWO FAMILY RESI- DENCE DISTRICT" CLASSIFI- CATION TO "MULTIPLE RESI- DENCE DISTRICT" CLASSIFI- CATION, (property adjacent to presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Meyers moved that a public hearing be held on the Ordinance on August 30, 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 Ma- yor Couchman. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. ORDINANCE No. 41.71 AN ORDINANCE AMENDING ORDINANCE NO. 3-34 KNOWN AS THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY AMENDING ARTICLE IV, SEC- TION 2 (h) THEREOF TO IN- CLUDE CERTAIN DESCRIBED REAL ESTATE IN WHICH PRO- FESSIONAL OFFICES OR STU- DIOS OF A PHYSICIAN, DEN- TIST, ARCHITECT, ENGINEER LAWYER, REALTOR, INSU- RANCE, MUSICIAN, OR SIMI- LAR PROFESSIONS MAY BE PERMITTED, (property adjacent to Mercy Medical Center) presented and read. Councilman Meyers moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. hater, Pregler. Nays — None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Special Session, August 9, 1971 347 Councilman Meyers moved that a public hearing be held on the Ordinance on August 30, 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 Ma- yor Couchman. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hatter, Pregler. Nays — None. ORDINANCE No. 42.71 AN ORDINANCE AMENDING ORDINANCE NO. 3-34 KNOWN AS THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY AMENDING ARTICLE IV, SEC- TION 2 (h) THEREOF TO IN- CLUDE CERTAIN DESCRIBED REAL ESTATE IN WHICH PRO- FESSIONAL OFFICES OR STU- DIOS OF A PHYSICIAN, DEN- TIST, ARCHITECT, ENGINEER, LAWYER, REALTOR, INSU- RANCE, MUSICIAN, OR SIMI. LAR PROFESSIONS MAY BE PERMITTED (property adjacent to Mercy Medical Center) presented and read. Councilman Meyers moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Mayor Couch- man. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, MoIden. hatter, Pregler. Nays — None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Meyers moved that a public hearing be held on the Ordinance on August 30, 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 Ma- i yor Couchman. Carried by the fol. lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. July 29, 1971 To the Honorable Mayor and City Council I am returning to you the peti- tion of William Kerstein for the erection of a fence on city pro- perty at Fengler Street. I recommend that an ordinance be adopted, Permitting the erec- tion of the fence, requiring its re. moval upon notice from the city and placing any liability obligation on the petitioner. Respectfully, Gilbert D. Chaveaele City Manager 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. ORDINANCE No. 4371 AN ORDINANCE AUTHORIZ- ING WILLIAM J. & DIANE E. KERSTEIN OF 1114 GARFIELD AVE. TO CONSTRUCT A FENCE AROUND CITY -OWNED PRO- PERTY AT FENGLER & GAR FIELD ON W. 100' OF LOT 11 AND S. 3.5' OF W. 110' OF LOT 12 OF JAEGER'S SUB. presented and read. Councilman Bitter moved that the reading just had be consider. ed the first reading of the Ordi- nance. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Councilman Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden. barter, Pregler. Nays — None. 348 Special Session, August 9, 1971 ORDINANCE No. 43.71 AN ORDINANCE AUTHORIZING Wllilam J. & Diane E. Kerstein of 1114 Garfied Ave. TO CONSTRUCT a fence around city -owned property at Finger & Garfield on W. 100' of Lot 11 and S. 3.5' of W. 110' of Lot 12 of Jagger's Sub. COUNCIL OF OF T CITY OF CITY 13000E, IOWA: and agree to be bound by the condi. Lions and agreements therein contain ad to tl p June r ed by Permittees. %s% Die E� in Kersteln Permittees Published officially In The Telegraph. Herald Newspaper this 12th day of August. 1971. L City Clark. malt It. en2 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, Molden- hauer, Pregler. Nays — None. Petition of Dubuque Service Sta. tion Operators Assn. Inc. objecting to payment of $10.00 fire inspec tion fee, indicating that they are being discriminated against and that the fee should be charged to the owners of the buildings ra- ther than the station operators, presented and read. Mayor Couchman moved that the petition be received and filed. Se- conded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Fire Chief Dunphy stated that his department made 194 inspec- tions, involving 278% man hours covering 139 service stations. The average cost is $4.00 per hour for two first class firemen. Petition of Lone Star Drill Team requesting proclamation for a "Dimes for Lone Stars Day" on August 24th and further request- ing permission to collect dimes from door to door, presented and read. Councilman Pregler moved that the petition be granted and the Mayor so proclaim. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Neil W. Loney of 52 E. 25th Street, requesting closing of the alley from 25th Street, ap- proximately half way between 24th & 25th into White street, as truck traffic is damaging his home which runs along alley separating Cen- tral and White streets, presented Special Session, August 9, 1971 349 and read. Councilman Preglex moved that the petition be referr. ed to the Manager and Traffic De. partment. Seconded by Councilman Moldenhauer. Carried by the fol. lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Evening Optimist Club of Dubuque requesting per- mission to conduct door -to -door so- licitation watermelon sale dur- ing the week of August 9th to 13th to help finance its boy's work activities, presented and read. Mayor Couchman moved that the petition be granted. Se- conded by Councilman Molden- hauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Dubuque Town Clock Plaza Task Force requesting the Mayor to proclaim August 12, 13, and 14, 1971, as Town Clock Plaza Days and to execute a pro- clamation as evidence of the de- claration, presented and read. Councilman Pregler moved ratiE cation of the proclamation. Second- ed by Councilman Meyers. Car. ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Tschiggfrie Excavat- ing requesting permission to exca- vate at 320 E. 24th Street to re- pair broken water main, present- ed and read. Councilman Meyers moved that the petition be grant- ed. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of John V. Meehan re- questing action on recommenda- tion of Park Board granting ease- ment for driveway to Lot #2 Eagle Point View in Eagle Point Drive, presented and read. Councilman Pregler moved that the petition be received and filed and referred for action to the meeting of Au- gust 30th. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman, M Coun- cilmen Bitter, Meyers, olden- hatter, Pregler. Nays — None. Petition of Dubuque Sertoma Club requesting the Mayor pro- claim September 18, 1971, as "Light the Way for Retarded Child- ren's Day ", presented and read. Councilman Meyers moved appro- val of the petition. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of Donald F. Bros re- questing necessary legislation to provide for the elimination of ar- chitectural barriers in the con- struction of buildings to help the handicapped, presented and read. Mayor Couchman moved that the petition be referred to the Mana- ger and Building Department. Se- conded by Councilman Bitter. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- haur, Pregler. Nays — None. Petition of Colt .45 Drum & Bug- le Corps requesting permission to conduct a parade on September 4, 1971, presented and read. Coun- cilman Moldenhauer moved that the petition be granted and re- ferred to the Manager for imple- mentation. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 250.71 RESOLUTION REQUIRING ABUTTING PROPERTY OWN- ERS TO MAKE SEWER AND WATER AND GAS CONNEC- TIONS. WHEREAS the City Council has heretofore adopted Resolution No. 184 -71, being the Resolution of Ne- cessity for permanently improving City of Dubuque 1971 Asphalt Paving Project No. 1 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL ATTEST: L e a .0 rommelt ACCEPTANCE F ORDINANCE No. The undersigned having raid and being familiar with the terms and conditions of Ordinance No. 4571 hereby, for themselves, their suc. cessors or assigns, as owners of the abutting Property, accept the same 350 Special Session, August 9, 1971 OF THE CITY OF DUBUQUE, I0- WA: Section 1. That the owners of all property abutting on said ire - provement are hereby required to make connections from the sewer, water and gas mains to the curb line of said property prior to Au- gust 30, 1971. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No, 128, ordering compliance with this Re- solution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Re- solution, the the City Manager shall proceed to have said con- nection made upon a contract made and entered into for that purpose and upon completion, re- port said fact together with the cost thereof to the City Council, whereupon the cost of such con- nection shall be assessed against such abutting property. Adopted this 9th day of August, 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. Nays — None. July 27, 1971 Honorable Mayor and Council Members The City Planning and Zoning Commission has reviewed the fi. nal plat of Lots 1 through 24 in elusive of Block 1 and Lots 14 through 40 inclusive of Block 3; and Lot B all in Sunset Park Sub division No. 3, in the City of Du buque, Iowa. The Commission has found tha the plat conferms to the proposet plat for this area and is an ap- propriate design for the proposed use. It is the recommendation of the Commission that the plats be ap- proved. Respectfully submitted, City Planning and Zoning Commission Don Gilson City Planner Councilman Pregler moved ap- proval of the recommendation. Se- conded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. RESOLUTION No. 252.71 RESOLUTION APPROVING THE PLAT OF LOTS 1 -24 INCLU- SIVE BLOCK NO. 1; LOTS 14- 40 INCLUSIVE BLOCK NO. 3; and LOT B, ALL IN SUNSET PARK SUBDIVISION NO. 3, IN THE CITY OF DUBUQUE, IO- WA. Whereas, there has been filed with the City Clerk a plat in which: Block 1 and Lot A Sunset Park Subdivision No. 3 in the City of Dubuque, Iowa, is platted as Lots 1 -24 inclusive Block No. 1; Lots 1410 inclusive Block No. 3; and Lot B, all in Sunset Park Sub- division No. 3 in the City of Du- buque, Iowa, by Schiltz Development Corpora- tion as Owner thereof; and Whereas said plat has been ex- amined by the City Planning and Zoning Commission and approved by said body and Whereas upon said plat appears streets to be known as Hillcrest Road, Grant Street, and also ease- ments for public utilities which the Owner upon said plat has dedi- cated to the public forever; and Whereas said plat has been found by the City Council to con - form to the Statutes and Ordinan- ces relating thereto except that the streets have not been re- duced to grade or paving, sewer, water or sidewalks installed there- in; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Special S ession, August 9, 1971 3 Section 1. That the dedication of Hillcrest Road and Grant Street, together with the easements for public utilities all as the same ap- pears upon said plat; be and the same are hereby accepted and that said streets be and are hereby established as public streets in the City of Dubuque; Section 2. That the plat of Lot A and Block 1 Sunset Park Sub. division No. 3, in the City of Du- buque, Iowa, and which will here- after be known as Lots 1 -24 in- clusive Block No. 1; Lots 14-40 in- clusive Block No. 3; and Lot B of Sunset Park Subdivision No. 3 in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby autho- rized and directed to endorse the approval of the City of Dubuque upon said plat providing the Own- er of said property, hereinbefore named, executes written accep- tance hereto attached, agreeing: a. To reduce Hillcrest Road and Grant Street to grade as shown by the profiles submitted with the plat. b. To surface Hillcrest Road, a width of 36 feet, and Grant Street, a width of 30 feet with 6" Portland Cement Concrete Pave- ment with integral curb and gut- ter. All of the foregoing shall be constructed according to the latest City of Dubuque specifications. c. To install sidewalks on both sides of Hillcrest Road and Grant Street in accordance with the City of Dubuque Standard Specifica- tions for Permanent Sidewalks. d. To install water mains in ac- cordance with plans submitted with this plat. e. To intall sanitary sewers in accordance with plans submitted with this plat. f. To install the sanitary sewer and water house laterals for each lot to behind the property line. g. To construct the foregoing improvements in accordance with plans and specifications approved by the City Manager and under the inspection of the City Engi- neer. h. To maintain all street im- provements and sewer and water mains for a period of four (4) years from the date of its ac- ceptance. i. To construct said improve- ments prior to November 30, 1973. j. To provide the foregoing con- struction and maintenance at the expense of the Owner. and further provided that the Schiltz Development Corporation as Owner of said Subdivision se- cure the performance of the fore- going conditions by providing se- surity in such sums and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Schiltz Development Corporation shall fail to execute the acceptance and provide security provided for in Section 2 hereof within forty - five (45) days from 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 recorded roll call vote this 9th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION No. 252.71 Schiltz Development Corporation having read the terms and condi- tions of the foregoing Resolution 252 -71 and being familiar with the contents thereof, hereby accepts the same and agrees to perform the conditions therein required. Schiltz Development Corporation /s/ J. G. Schiltz President /s/ L. J. Schiltz Secretary Dated August 10, 1971, To Leo F. Frommelt, City Clerk This is to certify that the se- curity required for the foregoing Resolution 252 -71 has been pro- vided by the Owner. Gilbert A Chavenelle City Manager Councilman Pregler moved adop- tion of the resolution. Seconded 352 Special Session, August 9, 1971 by Councilman Meyers. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Mr. Gene Thompson of 3464 Meggan Drive spoke of the bad condition of Dove and Waller Streets. City Engineer White was aware of the situation and pro- mised a full report for the meet- ing of September 7, 1971. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Leo F. Frommelt City Clerk Approved. ............................... 197.. Adopted..... ............................... 197.. Councilmen Attest: ............................ City Clerk. Session, August 18, 1971 353 CITY COUNCIL OFFICIAL Special Session, August 16, 1971. Council met at 6:45 P.M. (O.S.T.) Present — Mayor Couchman, Councilmen Meyers, Moldenhauer, Pregler. City Manager Gilbert D. Chavenelle. Absent — Councilman Bitter. Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of ADOPTING RESOLUTIONS AU- THORIZING THE ISSUANCE OF BUSINESS LICENSES and acting upon such other business as may properly come before a regular meeting of the Council. RESOLUTION No. 253.71 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. James J. Klauer, 1646 Asbury BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 18th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Wayne A. Moldenhauer 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 — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. RESOLUTION No. 254.71 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 James J. Klauer, 1646 Asbury Emma M. Scherer, 1187 Iowa Street Passed, adopted and approved this 18th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Wayne A. Moldenhauer 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 — Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. RESOLUTION No. 255.71 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 THEREF 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 James J. Klauer, 1646 Asbury Emma M. Scherer, 1187Iowa Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 18th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk 3 Special Session, Augu 18, 1 Special Session, August 30, 1971 35 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Coachman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Arent — Councilman Bitter. RESOLUTION No. 256-71 WHEREAS, applications for Li- quor permits have been submitted to this Council for approval and the same have been examined, NOW THEREF BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT — CHAPTER 123 --as amended by the 62nd General Assembly, 1967. CLASS "C" COMMERCIAL ESTABLISHMENT James J. Klauer, 1646 Asbury Passed, adopted and approved this 18th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Donald R. Meyers Wayne A. Moldenhauer 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 — Mayor Coachman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. RESOLUTION No. 257.71 WHEREAS, applications for Li- quor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and food to comply with the State Law and all City ordi- nances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT James J. Klauer, 1646 Asbury Passed, adopted and approved this lath day of August, 1971. Gaylord M. Coachman Mayor Walter A. Pregler Donald R. Meyers Wayne A. Moldenhauer 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 — Mayor Couchman, Coun- cilmen Meyers, Moldenhaner, Preg- ler. Nays — None. Absent — Councilman Bitter. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Coachman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — None. Absent — Councilman Bitter. Leo F. Frommelt City Clerk Approved ... ............................... 197.. Adopted ..... ............................... 197.. Councilmen Attest: ............................. City Clerk CITY COUNCIL (OFFICIAL) Special Session, August 30, 1971. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Couchman, Councilmen Bitter, Meyers, Mol. denhauer, Pregler. City Manager Gilbert D. Chavenelle. Mayor Couchman read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of CONSIDERING RECEIPT OF BIDS AND AWARDS OF CON. TRACTS FOR THE CONSTRUC. TION OF CITY OF DUBUQUE 1971 STREET PROGRAMS, and acting upon such other business as may properly come before a regular meeting of the Council. Mayor Couchman submitted the following appointments; Mr. King Beer to the Low -Rent Housing Commission to &17 -73 to replace Mr. Hal Reynolds, recently re. signed; Rev. Robert Odden to serve as Chairman of the Commission; Mrs. Allan Thoms to fill the un- expired term of Glenn D. Johnson to 6 -1 -74 on the Advisory Com- mission. Councilman Pregler moved ratification of the appoint- ments. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, M Coun- cilmen Bitter, Meyers, olden- hauer, Pregler. Nays — None. RESOLUTION No. 258 -71 CONFIRMING THE APPOINT- MENT OF A MEMBER OF THE LOW -RENT HOUSING COM- MISSION OF THE CITY OF DUBUQUE, IOWA WHEREAS, on the 17th day of August, 1970, the City Council of the City of Dubuque, Iowa, adopted Resolution No. 24470, electing to exercise the powers contained in Chapter 403A of the Iowa Code of 1966, as amended, by the City Council of the City of Dubuque, Iowa, and by said City Council through a Board of Commissioners to the extent of the authority granted said Board by said City Council; and WHEREAS, the Mayor of the City of Dubuque, pursuant to said Resolution No. 24470 and to Re- solution No. 36 -71 has appointed a member to the Low -Rent Hous- ing Commission of the City of Du- buque; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the action of the Mayor of the City of Dubuque, Io- wa, in appointing King Herr, To August 17, 1973 as a Commissioner of the Low - Rent Housing Commission of the City of Dubuque, Iowa, is here- by approved and the appointment of said Commissioner is hereby confirmed by this City Council for the period designated in the Cer- tificat of Appointment of Com- missioners now on file in the of- fice of the City Clerk. Passed, approved and adopted this 30th day of August, 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. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Communication of John Rider Wallis suggesting an enforcement program to give relief to the citi. zens who have been bombarded by the ever increasing number of motorcycles, automobiles and trucks with defective or no muff- lers, presented and read. City Manager Gilbert D. Chavenelle sub- mitted an enforcement report, co- vering the above grievance, from January 1, 1971 to present time, upon the conclusion of which Councilman Pregler moved that the Wallis communication 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. 356 Special Session, August 30, 19 Discussion arose as to the pro- posed increase in taxable valua- tion of property, in the amount of 16 %, for city of Dubuque resi- dents, being so advised by the Di- rector of Revenue of the State of Iowa. Mayor Couchman moved that the City Manager be instructed and directed forthwith to com- municate with the Dubuque Coun- ty Board of Supervisors and the County Auditor, for the purpose of making protest to the adjust- ments proposed and set out in the tentative property valuation no- tice to the County Auditor of Du- buque County, dated August 27, 1971, from the Director of Reve- nue of State of Iowa, in order that any error or errors complained of may be corrected by said Depart- ment of Revenue. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden honer, Pregler. Nays — None. August 9, 1971 To the Honorable Mayor and City Council I herewith submit the report of the Health Department for the months of June and July and the report of the City Treasurer for the month of July, 1971, also Wa- ter Department report for July. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. August 24, 1971 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 owners of said building, known as 1398 Wash- ington Street, and located on the North % of Lot 122 in East Du- buque Addition, City of Dubuque, Iowa, be required to dismantle said building and clean up the pre- mises. Respectfully submitted, Gilbert D. Chavenelle City Manager City of Dubuque, Iowa Councilman Meyers moved ap- proval of the recommendation and the matter be set down for a pub- lic hearing to be held on October 4, 1971, at 7:30 P.M. in the Coun- cil Chamber at the City Hall. Se- conded by Councilman Moldenhau- er. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. July 22, 1971 Mr. Allen Klein 1254 Mt. Loretta Avenue Dubuque, Iowa 52001 State Department of Social Ser- vices 1473 Central Avenue Dubuque, Iowa 52001 To Whom It May Concern: I have personally inspected the building known as 1398 Washing- ton Street, Dubuque, Iowa, and lo- cated on the North % of Lot 122, City of Dubuque, Iowa, and the conditions as they have been re- ported to me by the Building Com- missioner, Fire Chief and the Housing Inspector are substantial- ly correct. A copy of whose re- port is hereto attached and by re- ference made a part hereof. According to City Ordinance No. 35-52, you are hereby given ten (10) days to dismantle the build- ing and clean up the premises. Your very truly, Gilbert D. Chavenelle City Manager City of Dubuque, Iowa August 23, 1971 To the Honorable Mayor and City Council I submit to you the proposed contract between the Highway Commission and the City for main- tenance of primary road exten- sions within the city. The $2,389.00 to be paid by the Commission is the same amount as paid in 1970 and 1971. I recommend the contract to you and request authority to sign it on behalf of the City. Respectfully, Gilbert D. Chavenelle City Manager Special Session, August 30, 1971 357 Councilman Pregler moved ap proval of the recommendation. Se conded by Councilman Bitter. Car ried by the following vote: Yeas — Mayor Couchman, Count M oilmen Bitter, Meyers, olden. hauer, Pregler. Nays — None. August 25, 1971 To the Honorable Mayor and Members of the City Council, This is to advise that I have ap- proved the following policy and bonds, and desire to have your ap. proval on same. COMPREHENSIVE LIABILTY Louis Buechel, United States Fi- delity & Guaranty Co. SIDEWALK M. F. Goerdt, dba M. F. Goerdt Construction Co., Merchants Mu- tual Bonding Co. Hartmann Construction Co., Mer- chants Mutual Bonding Co. Richard Ruden, Merchants Mutual Bonding Co. John F. Welter Sons, Western Su- rety Company Richard K. Magnall, d /b /a Magnall Construction Co., Western Su- rety Company Respectfully, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved filing approval subject to approval Of the City Solicitor. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Petition of John V. Meehan (for- ward from meeting of August 9th) requesting action on recommen- dation of Dubuque Park Board to grant easement for a driveway to Lot #2 Eagle Point View located on Eagle Point Drive, presented and read. Councilman Meyers moved that the petition 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. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Molden- hauer, Pregler. Nays — None. Attorney Van Etten addressed the Council in behalf of his client Mr. John V. Meehan by stating that they would try to work out an exchange for adjacent property. August 27, 1971 To the Honorable Mayor and City Council I return to you the letter from the chairman of the Park Board requesting that an easement be granted to the property owner of Lot 2 in Eagle Point Subdivision to gain access to Eagle Point Drive. The letter was referred to the City Solicitor and myself for investiga- tion and report. The papers, plats and documents covering the proposed easement have been examined. The property owner has been contacted as to the sale of the property to the city and it is not available. I recommend that the Council do not grant the easement, and that authority be given to obtain the property through condemna- tion proceedings. In support of this recommenda- tion, I submit a letter from Mr. Russo dated August 25th. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that an easement by oral permission be granted to Mr. Meehan. Motion died for lack of a second. Councilman Pregler moved to authorize the City Manager to is- sue revocable permit and to ex- change property. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Meyers, Moldenhauer, Preg- ler. Nays — Councilman Bitter. 358 Special Session, August 30, 1971 Special Session, August 30, 1971 359 BEFORE THE STATE APPEAL BOARD IN THE MATTER OF) THE AMENDED BUD-) GET FOR 1971 OF ) THE RECREATION ) DECISION COMMISSION OF THE) CITY OF DUBUQUE,) DUBUQUE COUNTY,) IOWA ) This is an appeal by certain ob- jectors pursaunt to Section 24.27 of the 1971 Code of Iowa from the decision of the City Council of the City of Dubuque in approving an amendment to the budget of the Recreation Commission of that City. A hearing on the matter was held before the State Appeal Board at the City Hall in Dubuque, Iowa at 7:00 p.m. on August 18, 1971, at which time counsel for both the objectors and the City appeared and made presentation. As the budget amendment in question increases the original bud- get of the Recreation Commission, the burden in this case is, pursuant to Section 24.28 of the Code, upon the City of Dubuque to show that that increase is "necessary, rea- sonable, and in the interest of the public welfare." In this regard, we have thoroughly examined the entire record, including the papers and materials proffered to us at the aforesaid hearing, and have carefully considered all of the con- tentions by both sides relative to the matter in question. We hold that the city has clearly fulfilled its aforementioned burden and that the instant budget increase is in fact necessary, reasonable, and in the interest of the public wel- fare. Accordingly, we approve the same. The decision of the City Council. therefore, should be, and is, af- firmed. Done this 20th day of August, 1971. STATE APPEAL BOARD By Maurice E. Baringer, Chairman Marvin R. Selden, Jr. Vice Chairman Lloyd R. Smith Member ATTEST: Francis R. Larew Executive Secretary STATE OF IOWA ) as COUNTY OF DUBUQUE ) This is to certify that the fore- going as to on this page is the actual copy received from the State Appeal Board regarding the subject contained therein this 23rd day of August, 1971. Harold P. Meloy, Dubuque County Auditor Councilman Pregler moved that the Decision be made a matter of record. Seconded by Councilman Bitter. Carried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. August 23, 1971 Hon. Mayor and City Council On April 15, 1970, Maybelle Herrmann commenced an action in the District Court of Dubuque County, Iowa against the City of Dubuque, Iowa in claiming dam- ages in the amount of $5,000.00 for injuries suffered on April 30, 1968 as the result of an alleged fall on Heeb Street in the City of Du- buque, Iowa claiming an alleged defective condition therein and which public walk abuts the prop- erty owned by Our Lady of Lourdes Convelescent Home. That as a result of said alleged fall, the said plaintiff, Maybelle Herrmann, suffered a fracture of the left ankle, and that the said Maybelle Hermann incurred hos- pital expenses and medical ex- penses and loss of wages in the to- tal amount of $1294.00 and in ad- dition thereto, suffered a five per- cent permanent disability and fur- ther suffered from the existence of a possible ganglion cyst which would require future medical at- tention and surgery. That this matter was scheduled for trial, at which time the plain- tiff made an offer of settlement in the amount of $2500.00 and it is the recommendation of the City Attorney's office that said offer of settlement be accepted and the City Auditor be instructed to draw a warrant payable to May- belle Hermann and Henry Herr- mann, her husband, in the amount of $2,500.00 and transmit the same to the City Attorney for de- livery of receipt of release and proper dismissal of said cause with prejudice. That in addition, upon deliver and recept of the release relea ing the City of Dubuque and th abutting property owner, the abut ting owner's insurance carrier ha agreed to remit the sum o $1,250.00 to the City of Dubuque Iowa in full payment of its share of said settlement amount, and accordingly, it is expected that said amount will be received with- in thirty (30) days. The costs of said action in the amount of $22.00 shall be paid by the City of Dubuque and it is re- quested that the City Auditor be instructed to draw a warrant pay- able to Leroy L. Meyer, Clerk of the District Court, in the amount of $22.00 in payment of said court costs. Respectfully submitted, R. N. Russo City Attorney Councilman Bitter moved ap. proval of the recommendation. Seconded by Mayor Couchman. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Hon. Mayor and August 24, 1971 City Council That on the 25th day of May, 1971, M. P. Klock and Sons, Inc. filed a claim and sworn statement of claim in the amount of $13,748: 65 for labor performed, material furnished and services rendered in the construction of Cedar Street Lift Station at Dubuque, Iowa and claiming said amount against the City of Dubuque and Healy Me- chanical Contractors, Inc. That on the 16th day of August, 1971, M. P. Kluck and Sons, Inc. has executed a satisfaction of claim and authorizing the City of Du- buque to discharge the same upon the records of the City of Dubu. que, and that in addition thereto, the said M. P. Kluck and Sons, Inc. have executed a Receipt and Waiver of Mechanics' Lien and /or Bond Claim Rights, dated August 16, 1971, and in addition thereto, the said M. P. Klock and Sons, Inc. have executed on the 16th day of August 1971 a greneral release, releasing the Healy Mechanical Contractors, Inc. and its surety, Seaboard Surety Co., Y That I have examined all of said s- documents and find the same con- e form to the specifications of con- _ tract and conform to law and ac- s cordingly, herewith certify that the q claim of M. P. Kluck and Sons, Inc. arising in and out of the Cedar Street Lift Station construc- tion project against the Healy Me- chanical Contractors, Inc. and City of Dubuque, Iowa be and the same is hereby satisfied, discharged in full. That any and all monies or funds being held to satisfy said claim of M. P. Klock and Sons, Inc. here- tofore filed may now be paid to the contractor entitled thereto pur- suant to his contract and specifica- tions. Respectfully submitted, R. N. Russo City Attorney Councilman Meyers moved ap. proval of the recommendation. Sec- onded by Councilman Bitter. Car- ried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. August 20, 1971 Hon. Mayor and City Council On August 6, 1971, the Family Beer Store of 1575 Central Ave- nue, filed claim against the City of Dubuque in the amount of $15.00 and alleging that said dam- ages occurred to its vehicle on August 5, 1971 as the result of dropping into a hole in the street at 1320 Tomahawk Drive where work was being done. This matter was referred to the City Attorney for handling, and the Street Department of the City has made an investigation of this matter and it appears from their report that said claim should be denied, and accordingly, it is the recommendation of the City Attor- ney that said claim be denied. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Councilman Bitter moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau. er, Pregler. Nays —None. 360 Special Session, August 30, 1971 August 26, 1971 Hon. Mayor and City Council c On July 19, 1971, Earl W. Hiatt e of 405 Clarke Drive, this City, filed claim against the City of Du- buque, Iowa in the amount of $1800.00 — $2034.00 and alleging i that said damages occurred to the roof of his home on July 8, 1971 as the result of a tree limb being blown onto the roof of his front porch during a high 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 on the part of the City and in view of the foregoing, it is the recommendation of the City Attorney that the claim of Earl W. Hiatt be denied. 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. Notice of Claim of Federated In- surance Co., as a subrogee claim- ant, in the amount of $167.80, for monies paid their insured John & Alice Duccini of 2615 Kerper Blvd., as the result of a sewage back -up on May 30, 1971, presented and read. Councilman Pregler moved that the notice of claim be refer- red to the City Solicitor for in. vestigation and report. Seconded by Mayor Couchman. Carried by the following vote: Yeas —Mayor Couchman, Co11n- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Notice of Claim of Leonard Rol- ing of Holy Cross, Iowa, in behalf of his wife, Marcella Roling, in an undetermnied amount, for per- sonal injuries received by said wife in a fall on the sidewalk in the Mercy Medical Center area on February 24, 1971, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investiga- tion and report . Seconded by May- or Couchman. Carried by the fol- lowing vote: Yeas —Mayor Couchman, Coun- ilmen Bitter, Meyers, Moldenhau- r, Pregler. Nays —None. Notice of Claim of Frank J. Ready, in behalf of his daughter, n an undetermined amount for personal injuries received by said daughter in a fall at the Flora swimming pool on August 7, 1971, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Mayor Coachman. Carried by the following vote: Yeas- -Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Notice of Suit of Richard J. & Kathryn Koos that the City be made a part of action in the an- nexation of real estate to the south of the City over Lot 2 of 2 of 7; Lot 2 of 1 of 1 of 1 of 2 of 7 all of M. L. 501 Section 1 Table Mound Twill. using same as a con- necting link or device to other property which of itself does not adjoin the actual corporate limits of the City, presented and read. Councilman Pregler moved that the notice of suit be referred to the City Solicitor for investigation and report. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to amend Zoning Ordinance No. 3-34 so as to change from Two Family Residence Dis- trict Classification to Multiple Resi- Westerly 5' of Lot 15, Lots 16, 17, 18, 19 and 20 all in Massey Heights Lot 3 of M. L. 72; Lot 3 of part of M. L. 68, all in the City of Du- buque, Iowa, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Council- man Meyers moved that the proof of publication be received and fil- ed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Special Session, August 30, 1971 361 ORDINANCE NO. 40.71 An Ordinance Amending and Changing Ordinance No. 3 -34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to change certain property herein. after described from "Two Fam. ily Residence District' classifi. cation to "Multiple Residence District' classification (Merry Hospital area). Said Ordinance having been pre- viously presented and read at the Council meeting of August 9, 1971, presented for final adoption. ORDINANCE No. 4671 AN ORDINANCE AMENDING AND CHANGING ORDINANCE No. 3-34 KNOWN AS THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA" SO AS TO CHANGE CERTAIN PROPERTY HEREINAFTER DESCRIBED FROM TR CT" CLASSIFICATION TO "MUL - T RESIDENCE DISTRICT" CLASSIFICATION NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No 3 3/ known as the Zoning Map and Zon- irre Ordiance of the City of Dubuque, Iowa" be and the same is hereby amended by changing from Two Family Residence District' Classi- fication to Multiple Residence Dis- trict' Classification the following de- scribed real estate, fo-wit: The westerly 5 feet of Lot 15, Massey 19 and H 20 hfseach is in Massey Lot of Part of Mineral Lot 69, all In the City of Dubuque, Iowa. section 2. That the foregoing Amendment has heretofore been ap- proved Commission of Me City W Dubuque owa. Passed, approved and adopted this 30th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter ATTEST- Councilmen Leo F. Frommelt City Clerk Hera e Newspaper ithlsh The Gay p of September, 1977. Leo F. Frommelt lt. 9/2 City Clerk Councilman Meyers moved final adoption of the Ordinance. Second- ed 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 to amend Zoning Ordinance No. 3 -34 by Amending Article IV Section 2 (h) thereof to include the following described real estate in which professional offices or studios of a physician, dentist, architect, engineer, law- yer, realtor, insurance musician or similar professions may be per- mitted to -wit; the Westerly 5' of Lot 15, Lots 16 17, 18, 19 and 20 all in Massey Heights; Lot 3 of M. L. 72; Lot 3 of part of M. L. 68; Lot 2 of 2 of Langworthy Place a subdivision of Lot 1 of 3 of 1 of 2 Of 9 of Sub. of M. L. 73; M. L. 69; M. L. 70; Lot 1 of M. L. 66; Lot 2 of 2 of M. L. 66; except the southerly 100' thereof, Lots 1 thru 17 in Agnes Lang - worthy's Sub. of M. L. 71; Lot 2 of 1 of O. L. 731, except the south- erly 100' therenf; Lot 1 of 2 of I of City Lot 732; Lot 1 of 1 of 6 of M. L..72; Lot 2 of 1 of 6 of M. L. 72; Lot 1 of 2 of 6 of M. L. 72; Lot 2 of 2 of 6 of M. L. 72; Lot 4A of M. L. 72; Lot 1 of 4 of M. L. 72; Lot 1 of 2 of 10 of M. L. 73; Lot 1 of 1 of 5 of M. L. 72; the vacated and deeded east 10' of Lot 11 Massey Heights; The west 50' of Lot 11, Lots 12, 13 and 14, the easterly 35' of Lot 15 all in Massey Heights, Vacated Clara Street, Vacated Augusta Street, Vacated Peabody Street, Vacated Portion Of James Street lying south of Langworthy avenue, the Vacated alley in Agnes Langwor- thy's Subdivision of M. L. 71, 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 hear- ing. 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. ORDINANCE NO. 41.71 An Ordinance Amending Ordin. ance No. 344 known as the Zon- ing Map and Zoning Ordinance of the City of Dubuque, Iowa, by Amending Article IV, Section 2 (h) thereof to include certain descrbed Real Estate in which Professional offices or studios of a Physician, Dentist, Architect, Engineer, Lawyer, Realtor, In- surance, Musician, or similar professions may be permitted, (Mercy Hospital area) 362 Special Sessi August 30, 1971 Special Session, Augu 30, 1971 363 said Ordinance having been pre- viously presented and read at the Council meeting of August 9, 1971, presented for final adoption. nRnINANCE No. 41 -71 ___ aectkn 2. That the foregoing Amendment has heretofore been PP- proved by the Planning and Zoning Commission of th City of Dubuque, Iowa 30th s e v o approve d, nd adopted this Gaylgrd M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald sh J ' Bittte era Councilmen ATTEST: Leo F. Frommelt City Clerk Published officISITY in The Telegraph - Hera'd Newspaper this 2nd day of September, 1971. Leo F. Frommelt City Clerk viously presented and read at the Council meeting of August 9, 1971, presented for Final Adoption. it 9R Councilman Meyers moved final adoption of the Ordinance. Second- ed by Mayor Couchman. Carried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenbau- er, Pregler. Nays —None. ORDINANCE NO. 42 -71 An Ordinance Amending Ordi- nance No. 3.34 known as the Zoning Map and Zoning Ordin- ance of the City of Dubuque, Iowa, by amending Article IV, Section 2 (h) thereof to include certain described Real Estate In which professional offices or studios of a Physician, Dentist, Architect, Engineer, Lawyer, Realtor, Insurance, Musician, or similar professions may be Per muted, said Ordinance having been pre- s h Subdivision i of Out Lot 731, southerly 100' 2 of Lot i of Cav 1 of Lot 6 of Min- i of Lot 6 of Min - 2 of Lot 6 of Min - 2 of Lot 6 of Min- -ot AA of Mineral, Lot M; -ot 1 of Lot 4 of Mineral Lot 72; -of 1 of Lot 2 of Lot 10 of Min- eral Lot 73; Lot 1 of Lot 1 of Lot 5 of Min- eral Lot M; The t of a lot d ldeeded f Massey Heights; The west 50 feet of Lot li of Massey Heights; Lots 12, 13 and 14, each in Mas. sey Heights; The easterly 35 feet of Lot 15 In Massey Heights;_ section 2. That the toreowng Amendment has heretofore been ap- proved by the Planning and Zoning Commission of the City of Dubuque, Iowa this ap yy With s aA eu st. and adopted 1 this a Gaylord M. Couchman Mayor Walter A. Preeggler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in The Telegraph. Herald rwspa er this 2nd day of Leo F. Frommelt City Clerk It. 9P2 Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. ORDINANCE NO. 4471 An Ordinance Zoning and Classi. fying recently Annexed Territ- ory to the City of Dubuque, Iowa as a - single Familv Resi. dence District' Classification which Real Estate is hereinafter described, (North Dubuque Addn.) presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Bitter. Carried by the following vote: Yeas —Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Bitter. Carried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenbau. er, Pregler. Nays —None. Councilman Meyers moved that a public hearing be held on the Ordinance on October 4, 1971, at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish not- ice of the hearing in the manner required by law. Seconded by Councilman Bitter. Carried by the following vote: Yeas —Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Petition of Delos A. Dorweiler requesting change of the proposed zoning map to rezone 2105 J. F. K. Road to 0 -1 zone to permit pro- fessional use of Lot 5 of Sub. of Lot 3 of Block 4 in Westchester presented and read. Councilman Moldenhauer moved that the peti- tion be referred to the Planning & Zoning Commission. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Petition of Oxus Grotto request- ing permission to conduct a pa- rade on September 11, 1971, pre- sented and read. Mayor Couch- man moved that the petition be granted. Seconded by Councilman Bitter. Carried by the following vote: Yeas — Mayor Cuuchman, Coun- cilmen Bitter, Meyers, Moldenhan- er, Pregler. Nays —None. Petition of D. A. R. requesting the Mayor to declare a proclama. tion the week of September 17th through 23rd as "Constitution Week ", presented and read. Conn. cilman Pregler moved that the re- quest be received and filed after the Mayor announced that the pe- tition had already been complied with. Seconded by Councilman Bit. ter. Carried by the following vote: Yeas — Mayor Couchman, Coun. cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays -None. Petition of Elmer & Kathleen Riechmann requesting vacation of 16' of Garfield Ave. abutting por. tions of their property being lots 197 and 198 in Ham's Addn. which lie south of the Milwaukee tracks, said vacation will not affect traf- fic or adjoining property, present. ed and read. Councilman Pregler moved that the petition be re- ferred to the Planning & Zoning Commission. 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 Robert D. Khmer at- torney, requesting permission to address the Council in behalf of his client Daniel Atchison relative to the condition of Jansen Street, presented and read. Mrs. Atchison addressed the Council relative to the petition. Attorney Klauer was of the opinion that the Atchison case is squarely presented in his petition. Councilman Bitter moved that the petition be received and filed 364 Special Sess August 30, 1971 Special Session, August 30, 1971 365 and also referred to the City Man- ager and Staff. Seconded by C . clman Pregler. Carried by the fol- lowing vote: Yeas —Mayor Coachman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Petition of M. P. Klock & Sons requesting permission to excavate to tap sewer and water on Rose- dale at the corner of Wood and Rosedale, presented and read. Councilman Pregler moved that the petition be granted subject to approval of the Engineering De- partment. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. Petition by telegram of S & A Realty Co. requesting the Council to proceed at their August 30th meeting to have the first reading of an Ordinance so that they may at least have the entitled right to have the Council decide whether they can obtain the required zon- ing for the Del Farm property on Dodge Street, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commsision and the City Solicitor be instructed to draft proper Ordinance. Second- ed by Mavor 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 to Contractors of the receipt of oro- posals for the construction of 1971 Concrete Curb & Gutter Project No. 1, presented and read. Council- man Pregler moved that the proof of publication be received and fil- ed. Seconded by Councilman Bit- ter. Carried by the following vote: Yeas —Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. August 30, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 1"00 A ' M., Thursday, August 26, 1971 for the City of Dubuque 1971 Concrete Curb and Gutter Project No. I. The lowest bid was entered by Tri -State Paving Company of Du- buque, Iowa. Their bid was 0.13% under the Engineer's estimate. I recommend the contract for the improvement be awarded to the Tri -State Paving Company of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the Man- ager be approved. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. (Awarding Contract) RESOLUTION NO. 259 -71 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1971 Concrete Curb and Gutter Project No. 1 pursuant to Resolution No. 239 -71 and notice to bidders pub- lished in a newspaper published in said City on August 6, 1971 and August 13, 1971; and WHEREAS, said sealed propos- als were opened and read on Au- gust 26, 1971, and it has been de- termined that the bid of Tri -State Paving Company of Dubuque, Iowa in the amuont of $147,422.68 was the lowest bid for the furnishing of all labor and materials and per- forming 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 Tri -State Paving Company 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- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 30th day of August, 1971. Gaylord M. Coachman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas — Mayor Coachman, Coun- cilmen Bitter, Meyers, Moldenhau. er, 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 City of Dubuque 1971 Asphalt Paving Project No. 1, 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, Moldenhau- er, Pregler. Nays —None. August 30, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed bids were receive until 10:00 A.M., Thursday, August 26. 1971 for the City of Dubuque 1971 Asphalt Paving_ Project No. 1. The lowest bid was entered by Tri -State Paving Company of Du- buque, Iowa. Their bid was 0.21% under the Engineer's estimate. I recommend the contract for the improvement be awarded to the Tri -State Paving Company of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the Manager's recom- mendation. Seconded by Mavor Couchman. Carried by the follow- ing vote: Yeas —Mayor Couchman. Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. (Awarding Contract) RESOLUTION NO. 260.71 WHEREAS, sealed proposals have been submited by contractors for the CITY OF DUBUQUE 1971 ASPHALT PAVING PROJECT NO 1 pursuant to Resolution No. 242- 71 and notice to bidders published in a newspaper published in said City on August 6, 1971 and August 13, 1971; and WHEREAS, said sealed proposals were opened and read on August 26, 1971, and it has been determin- ed that the bid of Tri -State Paving Company of Dubuque, Iowa in the amount of $305,240.21 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 Tri -State Paving Company 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- tractors bond the City Treaseurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 30th day of August, 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, Moldenhau- er, Pregler. Nays —None. Proof of Publication, certified to by the Publisher, of Notice to contractors of the receipt of bids for the construction of Citv of Du- buque 1971 Concrete Paving with Integral Curb Project No. 1, pre- sented and read. 366 Special Session, A 30, 1971 Councilman Moldenhauer moved that the proof of publication be received and filed. Seconded by Mayor Couchman. Carried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. August 30, 1971 To the Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00 A.M., Thursday, August 26, 1971 for the City of Dubuque 1971 Concrete Paving Project No. 1. The lowest bid was entered by the Flynn Company, Inc. of Du- buque, Iowa. Their bid was 23.3% over the Engineer's estimate. I recommend the contract for the improvement be awarded to the Flynn Company, Inc. of Du- buque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved approval of the Manager's recom- mendation. Seconded by Mayor Couchman. Carried by the follow- ing vote: Yeas — Mayor Couchman Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. (Awarding Contract) RESOLUTION NO. 261.71 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1971 Concrete Paving with Integral Curb Project No. 1 pursuant to Resolution No. 244 -71 and notice to bidders published in a newspa- per published in said City on Au- gust 6, 1971 and August 13, 1971; and WHEREAS, said sealed propos- als were opened and read on Au- gust 26, 1971, and it has been de- tremined that the bid of Flynn Company, Inc. of Dubuque, Iowa in the amount of $20,133.20 was the lowest bid for the furnishing of all labor and materials and per- forming 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 directed to execute a contract on behalf 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 unsuc- cessful bidders. Passed and adopted this 30th day of August, 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 Moldenhauer moved adoption of the resolution. Sec- onded by Mayor Couchman. Car- ried by the following vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. RESOLUTION NO. 1 -71 Dubuque Airport Commission WHEREAS, the City of Du- buque caused a certain parcel of real estate owned by Fred Klett and Katie Klett, a /k /a Kathryn Klett, husband and wife, to be con- demned for airport purposes; and WHEREAS, a Sheriffs jury made an award in the amount of $8,500.00; and WHEREAS, the said Fred Klett and Katie Klett filed an appeal in the District Court of Dubuque County, Iowa claiming damages in the amount of $25,000.00 which ap- peal was filed on February 19, 1971; and WHEREAS, the Dubuque Air- port Commission has been advised that, since that time, negotiations have been under way between City of Dubuque and appellants toward a solution of this dispute and the said Fred Klett has made an offer in the total amount of $13,000.00; that is to say, in the Special Session, August 30, 1971 397 sum of $4,500.00 in addition to the Sheriff's award; and WHEREAS, Dubuque Airport Commission that said offer of set- tlement should be accepted in the total amount of $13,000.00 as being In the best interest of the City of Dubuque and its inhabitants and its airport development; NOW THEREFORE BE IT RE. SOLVED by the Dubuque Airport Commission of the City of Du- buque, Iowa: Section 1. That the offer of set- tlement by Fred Klett and Katie Klett in the amount of $4500.00 in excess of Sheriff's jury award to be paid by the City of Dubuque be and the same is hereby ac- cepted, and that delivery of War- ranty Deed to City of Dubuque covering the following described property, to-wit: Lot 2 of the Subdivision of Lot 1 of the Southwest Quarter of the Northeast Quarter, Section 35, Township 88 North, Range 2 East of the Fifth Principal Meri- dian, containing 2.180 acres. Al- so Lot 2 of the Northwest Quar- ter of the Northeast Quarter, Section 35, Township 88 North, Range 2 East of the fifth Prin. cipal Meridian, containing 0.241 acres. Also Lot 1 of the Sub- division of Lot 2 of Lot 1 of the Southeast Quarter of the South- east Quarter, Section 35, Town- ship 88 North, Range 2 East of the Fifth Principal Meridian, containing 0.265 acres, and Lot 2 of the Subdivision of Lot 2 of Lot 1 of the Southeast Quarter of the Northeast Quarter, sec- tion 35, Township 88 North, Range 2 East of the Fifth Prin- cipal Meridian, containing 0.095 acres Be and the same is hereby ac- cepted and reservation of ease- ment therein by grantors is here- with approved. Section 2. That the Dubuque Airport Commission acknowledges and agrees that of said settlement amount of $13,000.00, that $2,000.00 thereof represents the cost of land and $11,000.00 represents damages to the remainder of the farm. Section 3. That the Airport Manager is herewith directed to file a certified copy hereof with the City Council of the City of Dubuque, Iowa. Passed, approved and adopted this 26 day of August, 1971. Les Harney Chairman Lloyd L. Peterson W. M. Clemens Jr. F. R. Woodward Attest: V. J. Grice Councilman Bitter moved that the resolution be made a matter of record. Seconded by Council. man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. RESOLUTION NO. 262.71 WHEREAS, the City of Dubuque caused a certain parcel of real es- tate owned by Fred Klett and Katie Klett, a /k/a Kathryn Klett, hus- band and wife, to be condemned for airport purposes, and WHERE_ AS, a Sheriff's jury made an award in the amount of $8,500.00; and WHEREAS, the said Fred Klett and Katie Klett, a/k/a Kathryn Klett filed an appeal in the Dis. trict Court of Dubuque County, Iowa claiming damages in the amount of $25,000.00 which appeal was filed on February 19, 1971; and WHEREAS, since that time nego- tiations have been under way be. tween City of Dubuque and appel- lants toward a solution of this dispute and the said Fred Klett has made an offer in the total amount of $13,000.00; that is to say, in the sum of $4,500.00 in addition to the sheriff's award; and WHEREAS, the City Council has determined that said offer of set- tlement should be accepted in the total amount of $13,000.00 as be- ing in the best interest of the City of Dubuque and its inhabit- ants and its airport development; NOW THEREF BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the offer of set- tlement by Fred Klett and Katie Klett, a /k /a Kathryn Klett, hus- band and wife, in the amount of 368 Special Session, August 30, 1971 j ju iny award in to excess e paid by the City of Dubuque be and the same is hereby accepted, and that deliv- ery of Warranty Deed to City of Dubuque covering the following described property, to-wit: Lot 2 of the Subdivision of Lot 1 of the Southwest Quarter of the Northeast Quarter, Section 35, Township 88 North, Range 2 East of the Fifth Principal Mer- dian, containing 2.180 acres. Also Lot 2 of the Northwest Quarter of the Northeast Quarter, Sec- tion 35, Township 88 North, Range 2 East of the Fifth Prin- cipal Meridian containing 0.241 acres. Also Lot 1 of the Sub- division of Lot 2 of Lot 1 of the Southeast Quarter of the South- east Quarter, Section 35, Town- ship 88 North, Range 2 East of the Fifth Principal Meridian, containing 0.265 acres, and Lot 2 of the Subdivision of Lot 2 of Lot 1 of the Southeast Quarter of the Northeast Quarter, Section 35, Township 88 North, Range 2 East of the Fiftr Meridian, con- taining 0.095 acres, be and the same is hereby accept- ed and reservation of easement therein by Grantors is herewith ap- proved. Section 2. That the City of Du- buque acknowledges and agrees that of said settlement amount of $13,000.00, that $2,000.00 thereof represents the cost of land and $11,000.00 represents damages to the remainder of the farm. Passed, approved and adopted this 30th day of August, 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 Moldenbauer. Car- ried by - Councilman Moldenhauer. Carried by the following vote: Yeas —Mayor Counchman, Coun- clmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. August 30, 1971 Honorable Mayor and City Council I am enclosing copy of Dismis- sal with Prejudice in regard to the matter of Fred Klett appeal. This matter has been satisfac- torily concluded. Petition with Or- iginal Notice is returned herewith. Yours very truly, R. N. Russo City Attorney 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, Moldenhau- er, Pregler. Nays —None. RESOLUTION NO. 263.71 Authorizing the Execution and Delivery of Deed to Thomas F. Leibold For Sale of Land in the Downtown Urban Renewal Proi- act, Iowa R -15 WHEREAS, under date of Aug- ust 5, 1971, the City of Dubuque and Thomas F. Leibold entered in- to a Contract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R -15, for private re- development by the said Thomas F. Leibold and WHEREAS, Thomas F. Leibold has complied with the conditions of said Contract and has requested the City of Dubuque execute and deliver to him a Deed for the land described herein below; now there- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to Thomas F. Leibold for the sale of Disposition Parcel 3 of Block 2 in the Downtown tirban Renewal Project, Iowa R -15, legally de- scribed as Lot 1 of Block 4 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, containing 22,922.335 square feet. Section 2. That the Director of the Department of Urban Renewal is hereby authorized and directed to deliver said Deed to Thomas F. Leibold upon receipt of the pur- chase price of $57,305.84 on the basis of $2.50 per square foot. Session, August 30, 1971 369 Passed, approved and adopted this 30th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Attest: Leo F. Foommelt City Clerk Section 1. That the recommenda- tion of the City Manager be ap- proved and that said work be and the same is hereby accepted. Passed, approved, and adopted this 30th day of August, 1971. Gaylord M. Couchman Mayor Walter A. Pregler Wayne A. Moldenhauer Donald R. Meyers Joseph J. Bitter Councilmen Mayor Couchman moved adop- tion of the resolution. Seconded by Councilman Bitter. Carried by the following vote: Yeas —Mayor Couchman, Coun- clmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. August 25, 1971 Honorable Mayor and Members of City Council The H. & R. Wrecking Companv have completed the demolition and site removal of various structures and other improvements in the Downtown Urban Renewal Project in accordance with the terms of Demolition Contract No. 1 -71. It is recommentded that the work be accepted. Sincerely yours, Gilbert D. Chavenelle City Manager Councilman Bitter moved ap- proval of the recommendation. Sec. onded by Mayor Couchman. Car- ried by the following vote: Yeas —Mayor Couchman, Coun- cilmen, Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. RESOLUTION NO. 26471 Accepting Work Performed Un- der Demolition Contract No. 1.71 for the Downtown Urban Re- newal Propect, Iowa R -15 WHEREAS, Demolition Contract No. 1 -71 for the removal and site clearance of various structures and other site improvements in the Downtown Urban Renewal Project area has been completed; and WHEREAS, the City Manager has examined the work and finds that the work has been completed in accordance with the terms of the Contract and recommends its acceptance, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Attest: Leo F. Frommelt City Clerk Councilman Bitter moved adop- tion of the resolution. Seconded by Mayor Couchman. Carried by the following vote: Yeas —Mayor Couchman, Coun- cilmen Bitter, Meyers, Moldenhau- er, Pregler. Nays —None. There being no further business Mayor Couchman moved to ad- journ. Seconded by Councilman Bitter. Carried by the following vote: Yeas —Mayor Couchman, Coun. cilcilmen Bitter, Meyers, Molden- hauer, Pregler. Nays —None. Leo F. Frommelt City Clerk. Approved . ............................... 197.. Adopted....... ............................... 197.. Coun -11men Attest: City Clerk